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Home My WebLink Aboutpitkin.planning.272909200003;272909202002 (2019)PITKIN COUNTY PLANNING CASELOAD INDEX PARCEL ID:272909200003;2729 CASE NAME:Mrotek/Everson Activity Envelope and Site Plan Review CASE NO:P020-19 BOCC Reso: PZ: ADMIN:019-2020 #663973;02 PLAT (BK,PG): PROJ ADDR:1035 Dorais Way;800 Dorais Way ADR:204 Riverside Rd FEES DUE:$5,120 FEES RCVD:$5,120 #00045589 REFERRALS:Attorney REF:3/27/2019 BY:bj DUE:5/13/2019 DATE RCVD:2/27/2019 MTG DATE PH yes NOTICED 4/11/2019 REMARKS:app to rep & ref 3/28/19// pn to rep & jj 4/3/19 PLAT RECORDED: 4/8/2020 CLOSED:4/20/2020 BY:BS 7/23/2019 no PHN:C/S/Z:Carbondale, CO 816 HRG OFF: 8/20/2019 no yes ADR:204 Riverside Rd C/S/Z:Carbondale, CO 81623 PHN:941-807-5208 DATE OF FINAL ACTION:4/2/2020 # COPIES:1 VR APPROVAL DATE:4/2/2020 VR EXPIRES:04/02/2023 ADMIN INDEX:2020 HO INDEX: Leslie Lamont REV BODY Administration HO HO ALLOCATED HOURS:12 CASE TYP:Activity Envelope CASE TYP6: CASE TYP5: CASE TYP3: Site PlanCASE TYP2: CASE TYP7: CASE TYP4: 14.4% OVER: Date Scanned:4/8/2020 File Location:Laser Fiche BOCC Ord: Planners Email Addr:maciejfireguy@gmail.com APP_First:Dee Stacy APP_Last:Everson Applicant is Owner?: OWNER_First1:Dee Stacy OWNER_Last1:Everson OWNER_First2:OWNER_Last2: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:Maciej REPRESENTATIVE_Last:Mrotek VR PUBLICATION DATE:4/16/2020VR Yes/No?: PLAT REQUIRED?: LEGAL DESCRIPTION:S-T-R 9-10-88 BOA ACTION: REFERRALS 2:Zoning REFERRALS 3:Crystal River Caucus REFERRALS 4:Colorado Parks & Wildlife REFERRALS 5:Carbondale Fire REFERRALS 6:Engineer REFERRALS 7:Environmental Health REFERRALS 8: REFERRALS 9: REFERRALS 10: REFERRALS 11: REFERRALS 12: REFERRALS 13: REFERRALS 14: REFERRALS 15: 4/8/2020 PLAT BK: 128 128 PLAT Pg: 45 46 PLAT RECEPTION NUMBER: 663973 663975 Eden Permit Number:0020.2019.plan Special Event Start Date: Special Event Stop Date: Covenant Document Type Covenant Contract Doc #Covenant Reception #Covenant Date Recorded RECEPTION#: 663973, R: $0.00, D: $0.00 DOC CODE: ADMIN DECISION Pg 1 of 4, 04/0612020 at 01:46:12 PM Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO APPROVING A SUBDIVISION EXEMPTION FOR A LOT LINE ADJUSTMENT AND MINOR PLAT AMENDMENT TO ADJUST THE LOT LINES BETWEEN THE EVERSONIMROTEK PARCEL AND TRACT B OF THE JOAN H. ZIEGLER TRUST Administrative Decision No. j_�__-2020 RECITALS 1. Maciej Mrotek and Dee Stacy Everson, owner of the Everson/Mrotek parcel, and Irvelyn A. Ziegler, Trustee of the Joan H. Ziegler Trust Tract B (Applicants") have applied to the Community Development Director of Pitkin County, Colorado, for approval of a Subdivision Exemption for Lot Line Adjustment and a Minor Plat Amendment to adjust the lot line between the Everson/Mrotek parcel and Tract B. 2. The Everson/Mrotek property is located at 1035 Dorais Way, a metes and bounds parcel, PID#: 2729-092-00-003. It is approximately 2.4 acres, is in the AR -2 zone district, and is a conforming size parcel. The property is vacant and was created in 1970 by Jessie J McKinney. It is adjacent to the Wild Rose Ranch Subdivision. The - legal description is attached, Attachment A. 3. The Ziegler Trust property, aka Tract B, is also zoned AR -2. It was part of a 28.7 acre parcel retained by McKinney until he conveyed it to Edwards, et. al., in 1978. The legal description of Tract B is: Lot B, Wild Rose Ranch, according to the plat thereof recorded February 3, 1983 in Plat Book 14 at Page 33, as Reception No. 24 7681 and as further described as Tract B Ziegler Living Trust Parcel on the Youngman/Ziegler Lot Line Adjustment Plat recorded January 13, 2014 in Plat Book 105, Page 86, as Reception No. 607253, County of Pitkin, State of Colorado ("Tract B"). Also known as 800 Dorais Way. 4. The Ziegler Trust conveyed approximately 2.45 acres of Tract B to Jeffrey Wildin on August 8, 2019. Reception No. 657985. The resulting size of Tract B is approximately 11.66 acres. 5. The Ziegler Trust recently disputed the access to the Everson/Mrotek parcel. The Applicants have resolved this access dispute resulting in an agreement to convey a portion of the Ziegler Trust Tract B to the Everson/Mrotek property. 6. Specifically, the Lot Line Adjustment Plat identifies 0.245 acres of Tract B to be transferred to the Everson/Mrotek property for a new total of 2.941 acres. 7. The Director finds that the Lot Line Adjustment and the Minor Plat Amendment complies with applicable standards of the Land Use Code as amended found at Subsections 2-30-20(g)(4) and 2-30-20(g)(5): Admin. Dec. No )Cf 2020 Page 2 A. The purpose of the Subdivision Exemption for a Lot Line Adjustment and Minor Plat Amendment is not the creation of a new lot or parcel. The additional land area for the Everson/Mrotek property does not create the ability to subdivide the property into more than one parcel based upon the AR -2 zoning. The Applicants' purpose for this lot line adjustment is to resolve access to the Everson/Mrotek property. B. The shift in land between Tract B and the Everson/Mrotek property does not change or limit the allowable floor area for each parcel. C. Both parcels are conforming in size and the lot line adjustment will maintain the conformity. D. The minor plat amendment clarifies access for the Everson/Mrotek property. E. An amended plat will be drafted and recorded per the standards of the Pitkin County Land Use Application Manual. THE DIRECTOR DOES HEREBY APPROVE a Subdivision Exemption for a Lot Line Adjustment and Minor Plat Amendment to adjust the lot lines between the Everson/Mrotek parcel and Tract B of the Joan H. Ziegler Trust subject to the following conditions: 1. A Subdivision Exemption Plat shall be submitted for review and recordation that is in compliance with the following standards: A. A neat legible ink drawing on a twenty-four inch (24") by thirty-six inch (36") sheet of mylar showing the following information: i. Title identifying type of review; ii. Vicinity map showing relationship of parcels to proximate public roads; iii. Date; iv. Scale; V. Community Development Director signature block; vi. Legal descriptions and sketches of 1) Parcels prior to adjustment; 2) Parcel to be transferred; and 3) Resulting parcel. vii. Signature block for owner(s), mortgagee(s), and lien holder(s). 2. The Applicant shall adhere to all material representations made in the application. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. Admin. Dec. No 2020 Page 3 APPROVED this F day of 4� pr -i 1 2020. Cindy ouben Community Development Director PID#: 2729-092-00-003 2729-092-02-002 Case: P020-19 ATTACHMENT A EVERSON/MROTEK LEGAL DESCRIPTION A TRACTOF LAND SITUATED IN THE NEI/4NW V4 OF SECTION 9, TOWNSHIP 10 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN LYING SOUTHERLY OF THE NORTHERLY LINE OF SAID NEI/4NW I/4 AND EASTERLY OF THE EASTERLY RIGHT OF WAY LINE OF THE OLD CRYSTAL RIVER RAILROAD, DESCRIBED AS FOLLOWS: BEGINNING AT APOINT ON THENORTFIERLY LINE OF SAID NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARXFR OF SECTION 9, SAID POINTBEING ON TILE EASTERLY RIGHT OF WAY LINE OF SAID RAILROAD W HENCE; AN IRON POST' WITH A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED FOR THE WITNESS CORNER TO THE NORTHWEST CORNER OF SAID SECTION 9 BEARS WEST 1745.75 FEET; THENCE FAST ALONG THE NORTHERLY LINE OF SAID NORTHEAST ONE-QUARTER OF THENORTHWEST ONE-QUARTER 497.77 FEET, MORE OR LESS TO THB NORTHEAST CORNER OF SAID NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE- QUARTER; THENCE SOUTH 00°05'00" WEST 82.11 FEET ALONG THE, EASTERLY LINE OF SAID NOR'T'HEAST ONEQUARTER OF THE NORTHWEST ONE-QUARTER; THENCE NORTH 53°08'00" WEST 60.13 FEET; THENCE SOUTH 46°26'00" WEST 209.64 FEET; THENCE SOUTH 15°00'30" WEST 167.24 FEET; THENCE NORTH 64°32'46" WEST 380.16 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF SAID RAILROAD; TIIENCE NORTH 25°14'00" EAST ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID RAILROAD 208.57 FEET, MORE OR LESS T'0 A POINT ON THE NORTHERLY LINE OF SAID NORTHEAST ONEQUART'ER OF THE NORTHWEST ONE-QUARTER, T'HE POINT OF BEGINNING, COUNTY Of, PITIGN, STATE OF COLORADO. RECEPTION#: 663975, R: $0.00, D: $0.00 DOC CODE: ADMIN DECISION Pg 1 of 9, 04/08/2020 at 01:49:06 PM '.. Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DECISION OF THE PITKIN COUNTY, COLORADO, COMMUNITY DEVELOPMENT DIRECTOR GRANTING APPROVAL FOR THE EVERSON AND MROTEK ACTIVITY ENVELOPE, SITE PLAN REVIEW, AND GMQS EXEMPTION FOR A SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURES Administrative Decision No.2020 RECITALS 1. Stacy Everson and Maciej Mrotek (hereafter referred to as "Applicants") have applied to the Community Development Director of Pitkin County, Colorado ("Director") for Activity Envelope, Site Plan, and GMQS Exemption for the development of a single-family residence and accessory structures. 2. The property is located at 1035 Dorais Way, and is specifically described in Attachment A. PID#: 2729-092-00-003. 3. The parcel is approximately 2.941 acres, is in the AR -2 zone district, and is a conforming size lot. 4. The vacant property was created in 1970 by Jessie J McKinney and it is adjacent to the Wild Rose Ranch Subdivision. 5. The Applicants propose to develop the property with a new single-family residence and intend to comply with the Maximum Gross Floor area without GMQS or Transfer of Development Rights. 6. The application was referred to the County Attorney, Carbondale Rural Fire Protection District, Planning Engineer, Colorado Parks and Wildlife (CPW), Environmental Health, Zoning and the Crystal River Caucus. Incorporated into this memo and the conditions of approval are comments from the Fire District, CPW, and the Planning Engineer. 7. The Applicants propose to develop a driveway, add two small sheds, and a detached garage. A well and OWTS will be developed. 8. Based upon referral comments, the Applicants submitted a revised Activity Envelope. 9. An access dispute initiated by a neighboring property owner led to a settlement that removes the question of legal access to the Crystal River Railroad Right of Way (Dorais Way) and required a lot line adjustment, which added 0.245 acres to the Mrotek property. The Lot Line Adjustment Administrative Decision was approved and recorded as Reception No'" _ '. 1`he Lot Line V Co39 7 3 Adjustment Plat was recorded as Reception No. !o (J 3171, Book 1 a q and Page H S . 10. The Director finds that the parcel was created prior to May 8, 1972. 11. The Director further finds that the application complies with the applicable provisions of Section 2-30-20(g)(2) and (3) and Section 7-10-50 & 60, and 7-20 of the Land Use Code ("Code"), as follows: A. The residence and customary accessory uses are located within the proposed Activity Envelope and avoid slopes in excess of 30%. The garage has been relocated off slopes greater than 30% slopes. Admin. Dec. a0 -2020 2 B. There are no mapped geologic or avalanche hazards on the property. C. There are no streams, rivers or watercourses affecting the proposed Activity Envelope. The drainage evaluation field verified that the deep drainage on the north side of the Activity Envelope is an important drainage feature and should not be blocked or filled during development. This drainage is outside of the Activity Envelope. D. The second gully located on the south side of the property also contains slopes greater than 30% slopes and a large portion of this gully is outside the Activity Envelope. The Ecological Assessment Report prepared by Eric Petterson of SGM, on December 26, 2018, suggests that the drainages on the parcel may flow during extreme or atypical precipitation events. The Activity Envelope was revised and a drainage and grading plan was developed to channel drainage away from proposed structures. E. The property is within mapped Elk Winter Range. According to the Ecological Assessment, the elle tend to congregate in Filoha Meadows but may move through the area. Given the existing development around this parcel, it is unlikely that elk have used the property. The report recommends that dogs should never run loose on the property due to the diverse wildlife habitat, including the proximity of elle in the winter and bighorn sheep lambs on the slopes above the parcel in May and June. The property is within a black bear Fall Concentration area therefore strict adherence to keeping trash, pet food, and other potential food sources secured is necessary to avoid conflicts. The parcel provides important migratory and resident bird nesting habitats; therefore, domestic cats should not run free. CPW referral comments support the Ecological Assessment recommendations to mitigate impacts to wildlife. F. The wildfire hazard is rated as moderate. The Wildfire Hazard Review prepared by Eric Petterson of SGM, on December 21, 2018, found the property was a moderate fire hazard because of areas of less than 20% slopes and "discontinuous fuels". The Review recommends thinning of downed woody debris. The report also recommends a water supply for fire safety if it is required by the Fire District. The Applicants propose a 16' wide driveway, meeting Pitkin County standards and approved in referral comments from the Carbondale Fire Protection District. G. Access is proposed off Dorais Way and all utilities to the home will be underground. H. A soils analysis necessary for the On -Site Wastewater Treatment System (OWTS) permit will be submitted at the time of building permit application. I. The parcel is within the Scenic View Protection Area as seen from Highway 133. However, heavy vegetation along the road, the Crystal River, and the vegetation between the river and Dorais Way blocks views from the Highway. The new single-family residence is a two- story, approximately 2,000 square foot home that will not project above a ridgeline or silhouette against the sky. According to the application, indigenous earth tone materials or colors will be utilized and the exterior surfaces and roofs will have a non -reflective composition. 12. Public Notice was published on April 4, 2019 and mailings were sent to property owners within 300' of the subject property on April 9, 2019. An adjacent property owner contending that the Applicants did not have legal access to their property filed an objection to this application. The Applicants and the objecting property owner have resolved this issue via a Lot Line Adjustment. Admin. Dec. ZO -2020 3 APPROVED by the Director, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit review. Structures represented in the application might not be permitted under building and zoning regulations. 3. It is acknowledged that final floor area calculations have not been reviewed by the Zoning Officer and that the floor area reviewed under this Decision may slightly vary. Final floor area calculations will be determined at building permit submittal and review. 4. Prior to submission of any future building permit applications and/or within 60 days of recordation of this Administrative Decision, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation. 5. No structural development, with the exception of fencing, in excess of 30" shall occur within the setbacks of the Lot. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any external development located within setbacks mandated by County zoning regulations shall require a variance from the Board of Adjustment. Approval of a landscape envelope within such setbacks does not assure approval of a variance. 6. The Applicant shall comply with all standards for development within Scenic View Protection Areas as represented in the application and approved in this Determination: the exterior of the buildings shall utilize indigenous earth tone materials or colors and the roofs shall have a non - reflective color or composition. Reflective roof materials shall be treated to eliminate reflectivity prior to installation. Driveway lighting is prohibited and all other lighting shall comply with the lighting code. 7. Prior to building permit issuance, the Applicant shall pay the applicable road and employee housing impact fees. 8. The applicant shall provide adequate engineering of any retaining walls over four (4) feet in height and/or any improvements to walls over four (4) feet in height. All retaining walls shall be a maximum of seven (7) feet tall. 9. At building permit application, the Applicant shall: A. Complete a fireplace/woodstove registration form with the Community Development Department, if necessary. B. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. If the total development disturbs one (1) acre or more, the Applicant shall apply for and obtain a State Stormwater Permit. All natural drainage patterns shall be maintained. Adnsin. Dec. 0-2020 4 C. Submit a construction management plan for review and approval by the Planning Engineer. D. Submit a tree removal and mitigation plan for the removal of trees larger than 6" DBH. E. Submit a detailed exterior lighting plan with the corresponding fixture cut sheets. Exterior lighting shall comply with the lighting code. F. Submit a driveway/access permit application, which shall be approved by the Planning Engineer and the Carbondale Fire Protection District. The application shall demonstrate compliance with the current Road Maintenance and Management Plan and all requirements of the Fire Department, and shall include details on all tum arounds and parking locations. G. Submit an OWTS construction permit. 10. The Applicant shall adhere to the following wildfire mitigation standards as proposed in the Wildfire Hazard Review for Dorais Way and the Pitkin County Land Use Code: A. The area around all buildings/structures, limited by property boundaries that may limit a property owner's ability to comply with this section, shall incorporate landscaping with wildfire defensible space considerations as follows. Actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions: i) Brush, debris and non -ornamental vegetation shall be removed within 15 -feet perimeter around all structures. ii) Remove juniper trees within 60 -feet of residence, and within 15 -feet of the access road. iii) Installed landscaping within 40' of the house should not contain any flammable brushy species (such as sticky laurel, junipers or other coniferous shrubs) - only grasses, forbs and aspen trees are allowed; no conifers. iv) Within 60 -feet of the house, thin oak brush and shrubs so that their absolute cover is no more than 20% cover within the 60 -foot perimeter. Heavier thinning should occur closer to the house and on slopes down from the house. Aspen trees may remain. v) Within 100 -feet of the house (or to property boundaries), thin shrubby fuels to no more than 15% of total vegetation coverage. This can be done in an aesthetically pleasing manner, but more thinning should be done closer to the house, and less thinning further from the house. vi) Thin shrubby fuels within 20 -feet of utility structures (if applicable). vii) All deadfall and dead branches on shrubs shall be removed up to a 100' perimeter of the home. viii)No trees of any species may be within 15 feet of a window. ix) No branches should extend over the roof eaves, and remove all branches within 15 feet of chimneys. x) No flammable mulches shall be placed within 2 feet of the residence. xi) The property owner shall be responsible for the continued maintenance of the above listed vegetation requirements. xii) The owner should contact Holy Cross Electric regarding any needed fuels reduction around the power line. B. Access: i) Thin shrubby vegetation within 15 -feet of the driveway so that shrub cover is no more than 15%. Remove all junipers (Rocky Mountain and the low -growing common juniper Admin. Dec. _aO -2020 5 [Juniperus communis]) in this area - these are extremely flammable species. C. Roofing Materials, Roofing Vents, and Projections at and Below Roof Line General and Moderate Hazard Area Roofing Standards: i) Class A covering as defined by the currently adopted building code. Non-combustible covering is preferred. ii) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. ii) No wood shakes or shingles, and no "treated" wood shakes or shingles. iii) Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other Sheath with non-combustible materials, or Combustible materials underlain with 5/8" Type X gypboard or equal, or Minimum 4x6 rafters with 2x T&G decking. iv) Soffit venting shall be located in the outer 1/3rd portion of the overhang. v) Attic, soffits and other roof venting shall be of non -corrosive metal mesh with maximum /4" openings (small mesh opening is strongly recommended). vi) If roofs are more than 3:12 pitch, then additional conditions would need to be applied. D. Decks, Decking, Cantilevered Floors, or Other Projections below the Roofline: i) Minimum 6x6 posts, 6x10 beams, 3x8 joists, 3x decking, and 2x railings, or equivalent log construction. Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. ii) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. E. Foundations: Foundations, skirting, and crawl space opening shall be fully enclosed and constructed with materials approved for 1 -hour fire -resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls. F. Maintenance and Miscellaneous Requirements: i) Roofs and gutters shall be kept clear of debris. ii) Yards shall be kept clear of all litter, slash, and flammable debris. iii) All flammable materials to be stored outdoors shall be stored on a parallel contour a minimum of 15 feet away from any structure. iv) Weeds and grasses (not including irrigated landscaping) within the l0 -foot perimeter of the structure(s) shall be maintained to a height of not more than 6 inches. v) Firewood/wood piles shall be stacked on a parallel contour a minimum of 20 feet away from the structure from April through October. vi) Fences shall be kept clear of brush and debris. vii) Wood fences shall not connect to other structures. viii)Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with 15 -feet of defensible space vegetation mitigation around any above ground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire -resistive construction on the exterior side of the walls. ix) Each structure shall have a minimum of one 10 -pound ABC fire extinguisher. x) Addresses shall be clearly marked with 2 -inch non-combustible letters, shall be visible at the primary point of access from the public or common access road, and installed on a non-combustible surface. Admin. Dec. aj_{} -2020 6 11. The Applicant shall comply with the following general conditions regarding wildlife per the Pitkin County Code and the Ecological Assessment submitted for the property: A. Manipulation of vegetation outside of the Activity Envelope is prohibited. B. Mesh or woven wire fences are prohibited outside the Activity Envelope. C. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty-four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails. D. Wire fencing must be three (3) strands or less. The top wire should be a twelve -point - five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands (which may be barbed) should be located a minimum twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. E. Tall overly mature trees and standing dead trees (snags) should be retained at the rate of two (2) to five (5) per acre whenever possible as nesting and perching habitat. F. Fruit bearing trees and shrubs shall be prohibited within the Activity Envelope. This does not include pre-existing native trees and shrubs. G. Access shall be provided to the Colorado Parks and Wildlife for trapping, tagging, studying, or otherwise managing wildlife. H. Trash/garbage shall be kept in an approved bear resistant container or enclosure. These containers shall be accessible to and use at all times by contractors on site. Due to the high levels of black bear in this area, composting of kitchen or yard waste should be avoided. Bird feeders should be avoided from April through November. Feeders shall be hung away from any deck or window, and be at least ten (10) feet from the ground suspended between two (2) trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seed. I Pet food shall not be left outside. K. All outside doors shall utilize only solid round handled door knobs unless another type is required by the applicable Building Code for disabled accessibility purposes. L. Dogs are prohibited during construction oftheresidence. M. Dogs shall be kenneled within fifty (50) feet of the residential buildings or leashed under human supervision when outside a required kennel. N. Domestic cats should not be allowed to run free on the property due to the important migratory and resident bird nesting habitats. Admin. Dec. '�(D -2020 12. No development shall occur outside the approved activity envelope with the exception of vegetation removal necessary to comply with the wildfire mitigation measures described in # 11. No structures shall be permitted outside of the approved activity envelope. 13. The Applicant shall comply with the applicable codes and requirements of the Carbondale Fire Protection District, including but not limited to access, adequate area for turning around of fire equipment, installation of an approved fire sprinkler system and provision of an adequate water supply for firefighting. 14. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelope and install construction fencing around the construction site. The fencing shall remain in place until issuance of a Certificate of Occupancy. 15. All areas disturbed by construction shall be re -vegetated with native shrubs and grasses within one growing season of the project's completion. 16. Failure to comply with the conditions of this approval may result in revocation of this approval, any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. 17. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on _ I L , 2023. Admin. Dec. a() -2020 8 PUBLIC NOTICE PUBLISHED IN THE ASPEN TIMES WEEKLY on the 4th day of April 2019. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the ASPEN TIMES WEEKLY on the ) (jo day of Aj26L, 2020. APPROVED by the Director, this k day ofppn 1, 2020. �ii Gtd�G-t� L�-,��'. Cineb Houben, Community Development Director PID# 272909200003 P020-19 Admin. Dec. -2020 9 Exhibit A A parcel of land located within the NEI/4 of the NW 1/4 of Section 9, Township 10 South, Range 88 West of the 6th P.M., having a description based upon a bearing of N.89 degree 57'30"W. from the 1/4 Corner common to Sections 4 and 9 (monumented by a 3" aluminum cap USFS LS38016) to the Section Corner common to Sections 4, 5, 8 and 9 (monumented by a witness corner bearing 5.89 degree 57'30"E. 403.26 feet from true corner position and being a 3" USGLO brass cap), with all other bearings relative thereto and being more particularly described as follows: Beginning at said 1/4 Corner and running thence along the east line of said NE 1/4 of the NW 1/4 5.00 degree 01'42"W. 80.92 feet (monumented by a 2" aluminum cap PLS 25972); thence leaving said east line N.53 degree 19'23"W. 59.89 feet (monumented by a 1" iron pipe); thence 5.46 degree 53'21"W. 210.86 feet (monumented by a 2" aluminum cap PLS 25972); thence 5.15 degree 02'49"W. 167.26 feet (monumented by a witness corner bearing S.15 degree 02'49"W. 30.00 feet from true corner position and being a 1" plastic cap LS 13202); thence N.64 degree 29'39"W. 380.48 feet; thence S.89 degree 40148"W. 59.30 feet to the center line of the old Crystal River Railroad (monumented by a 2" aluminum cap PLS 25972); thence along said centerline N.25 degree 12'04"E. 207.18 feet (monumented by a 1" plastic cap LS38215); thence leaving said centerline 5.89 degree 32'07"E. 58.62 feet to the north line of said NE1/4 of the NW 1/4, also being the section line common to said Sections 4 and 9 (monumented by a 1" plastic cap LS 13202); thence along said north line S.89 degree 57'30"E. 501.30 feet to the Point of Beginning, containing 2.941 acres, more or less. County of Pitkin, State of Colorado 3/12/2019 Pitkin County Mail - New Address Assigned: Dorais Way (Redstone) https://mail.google.com/mail/u/0?ik=661115d810&view=pt&search=all&permthid=thread-f%3A1627730852391104189%7Cmsg-f%3A16277308523911…1/2 Bonnie Shiles <bonnie.shiles@pitkincounty.com> New Address Assigned: Dorais Way (Redstone) 1 message Alex Durant <alex.durant@pitkincounty.com>Mon, Mar 11, 2019 at 11:24 AM 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>, Cory Garske <Cory.Garske@cityofaspen.com>, Serviceability_DCC@cable.comcast.com, Debby Payne <Debby.Payne@pitkincounty.com>, Bill Gavette <gavette@carbondalefire.org>, Ginny Bultman <Ginny.Bultman@pitkin911.org>, dispatch@pitkin911.org, Janice Vos <Janice.Vos@pitkincounty.com>, Jim Wilson <jim.wilson@basalt.net>, Joanna Schaffner <Joanna.Schaffner@pitkincounty.com>, Kathy Rogo <Kathy.Rogo@cityofaspen.com>, karen.k.heier@usps.gov, Kurt Dahl <Kurt.Dahl@pitkincounty.com>, Lea Vasten - Meredith PO <Leatrice.E.Vasten@usps.gov>, 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 Carbondale <carrie.katsis@usps.gov>, USPS Old Snowmass <Debra.K.Reams@usps.gov>, Fran Soroka <Fran.Soroka@pitkincounty.com>, Gary Tennenbaum <Gary.Tennenbaum@pitkincounty.com>, Reza.E.Tehrani@usps.gov, Scott Mattice <Scott.Mattice@pitkincounty.com>, Jeremy Duncan <jeremy.duncan@pitkincounty.com>, Tyler Lambuth <tyler.lambuth@pitkincounty.com>, Kristi Long <kristi.long@pitkincounty.com>, Jan Patterson <jan.patterson@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, "Martinez, Erlinda J - Denver, CO" <Erlinda.J.martinez@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>, Jay Slater <jay.slater@pitkincounty.com> ADDRESS NOTIFICATION Date: 3/11/2019 Effective Date: 3/11/2019 New Assigned Address: 1035 Dorais Way Carbondale, CO 81623 Former Address: Reason for Assignment: New Single Family Residence Parcel ID: 272909200003 Property Owner Name: Dee Stacy Everson & Maciej A Mrotek 3/12/2019 Pitkin County Mail - New Address Assigned: Dorais Way (Redstone) https://mail.google.com/mail/u/0?ik=661115d810&view=pt&search=all&permthid=thread-f%3A1627730852391104189%7Cmsg-f%3A16277308523911…2/2 Note: Address is being assigned for a new Single Family Residence on the above parcel. 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. 2019 - 3, map.pdf 992K 1035 CROWLEYCTTROUTRUNDRIR W INDRHWY133M T N L IO N D RDORAISWAY 800103 34 15505 110 134 138 15360 15470 15358 15324 15230 15188 15237 15184 1571 111 100 75 551000 75 900 ´Le ge nd Addresses Driveway Parcel Boundary Road Centerline 1:4 ,50 0 Address AssignmentDate: 3/11/2019 New Add re ss Assigned:1035 Dorais WayCarbondale, CO 8 1623 Single Family Reside nce PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Leslie Lamont DATE: 12/3/18 PHONE: (970) 920-5482 E-MAIL: leslie.lamont@pitkincounty.com LOCATION: Dorais Way PARCEL ID #: 272909200003 ZONE: AR-2 SIZE: 2.4 acres OWNER/APPLICANT: Dee Stacy Everson REPRESENTATIVE : Maciej Mrotek EMAIL : maciejfireguy@gmail.com PHONE : 941-807-5208 Type of Application: Activity Envelope and Site Plan Review Description of Project/Development: The Applicant proposes to establish an activity envelope and obtain Site Plan Review approval for a single-family residence. Background: The parcel is vacant and adjacent to the Wild Rose Ranch Subdivision and appears to have predated the 1983 Wild Rose Ranch Subdivision. Land Use Code Sections to be addressed in letter of request (application):  2-30-20(g) (1-3): Activity Envelope and Site Plan Criteria for Approval  4-30-50(i): Solar Energy Collectors (if applicable)  7-10-50 & 60: Activity Envelope and Site Plan  7-20-20: Steep and Potentially Unstable Slopes  7-20-30: Water Courses and Drainage  7-20-50: Geologic Hazards  7-20-60: Wildfire Hazard – Mapped Severe Wildfire Hazard Areas  7-20-70: Wildlife Habitat: Mapped elk winter range and approx. ¼ to elk winter concentration area (to north); approx. ¼ mile to bighorn sheep winter range, production area and migration pattern (to west)  7-20-80: River and Stream Corridors and Wetlands  7-20-120: Scenic View Protection Areas – as seen from State Highway 133  7-20-130: Landscaping and Vegetation Protection  7-20-140: Lighting  7-30: Roads, Driveways and Parking  7-50: Public Services and Utilities (Utilities, Water Supply and Sewage Treatment) Review by: Community Development Director Public Hearing: NO. However, notice is required via posting, mailing and publication. The Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Administrative Decision pursuant to Sec. 2-20-100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice (by certified mail) to all owners within 300’ of the property with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from the date the notice was postmarked to submit comments or objections to the Community Development Department. Staff will refer the application to the following agencies: Planning Engineer, Carbondale Fire, Environmental Health, CO Parks & Wildlife, Crystal River Caucus FEES: $5,120 (make check payable to “Pitkin County Treasurer”)  $3,900 Planning Office flat fee (non-refundable; based on 12 hours of staff time. If staff review time exceeds 14.4 hours, the Applicant will be charged for additional time above 12 hours at a rate of $325/hour)  $542 Environmental Health  $624 Planning Engineer  $54 Public Notice Fee To apply, submit 1 unbound and one-sided copy of the following information. Also provide all documents in PDF format as one combined file on a flash drive or email to planningapps@pitkincounty.com. 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. 24” by 36” and 11” by 17” Activity Envelope and Site Plan as designated in Section 2.1.12 of the Pitkin County Land Use Application Manual 3. Scenic View Protection Exhibits as designated in Section 2.1.12 of the Application Manual 4. Engineering report addressing road design, water supply, drainage, wastewater disposal and other utilities and public services (as applicable). 5. Street address and parcel description, including legal description, and 8-1/2”x 11” vicinity map locating the subject property within Pitkin County; 6. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the property and all mortgagees, judgments, liens, easements, contracts and agreements affecting use and development of the parcel and proof of the owner’s right to use the land for the purposes identified in the development application. 7. Demonstration of adequate legal access to the parcel from a public right-of-way (Redstone Boulevard). 8. Documentation of how and when the parcel was created to demonstrate that the property was legally established in accordance with the applicable laws in place at the time. 9. Letter confirming non-merger from an attorney or title company. 10. Parcel description, including legal description, and 8-1/2”x 11” vicinity map locating the subject property within Pitkin County; 11. Total fee for review of the application 12. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form (form attached); 13. Consent from owner(s) to process application and authorizing the representative (if applicable) 14. List of all property owners within 300’. 15. This Pre-Application Conference Summary Sheet NOTES:  PLEASE INCLUDE THE PARCEL ID NUMBER ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION.  ALL MAPS SHALL BE FOLDED.  This pre-application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staff’s interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application.  The Land Use Code is available on-line at http://pitkincounty.com/468/County-Code.  The Land Use Application manual is available on-line at http://pitkincounty.com/196/Land-Use  Applicant will be responsible for mailed and posted notice. Public Notice requirements are described in Section 2-20-100 of the Pitkin County Land Use Code. A signed, notarized copy of the affidavit confirming notice must be received from Applicant prior to approval. PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 012-2016 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County’s policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY’s waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ which is based on __ hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY APPLICANT Cindy Houben Print Name Community Development Director Signature Date: Mailing Address: APPLICATION FOR ACTIVITY ENVELOPE AND SITE PLAN REVIEW TBD DORAIS WAY PROPERTY OWNER: Stacy Everson islandstyle96714@gmail.com (808) 346-2923 Maciej Mrotek maciejﬁreguy@gmail.com (941) 807-5208 0204 Riverside Rd Carbondale Co 81623 PROPERTY: TBD DORAIS WAY LOT SIZE 2.6 ACRES Parcel ID No. 272909200003 1. INTRODUCTION Applicant Stacy Everson and Maciej Mrotek, OWNER OF PARCEL ID # 272909200003 2.6 acres lot TBD DORAIS WAY, seeks activity envelope and site plan review pursuant to section 2-30-20(g) of the Pitkin county Land Use Code. The property is located on the East side of Dorais Way in Redstone Colorado. Proof of ownership is appended here to as Attachment No.1, comprised of the Warranty Deed by which the Applicant took title to the property and Certiﬁcate of Ownership. The property is presently 2.6 acres of VACANT land, zoned for a single family house. The intended driveway meant to serve the property is an easement directly off Dorais Way. The property has legal access to a public right-of-way. Per BK 246 page 784 Intended Domestic water service will be attained by a well on the property and/ or provided by the 2/12th water rights of whitewash. Existing conditions on the site, including the location of the future driveway as are depicted on the Topographical Survey As required by Land Use Code 2-3—20, the development site and proposed activity envelope avoid all constrained areas. This property is not impacted by any river or stream corridors or riparian areas. The development for the site ﬁts appropriately within the proposed activity envelope. see Proposed Activity Envelope Plan The proposed Activity envelope and Site Plan comply with all requirements of Land Use Code 7-10-50 & 60. The proposed site plan is depicted on attachment No.6 There are no buildings proposed in the areas of development exceeding slopes of 30%. Site Preparation and Grading, Site conditions, grading plan included in attachment No.6 The driveways serving the property enters off of Dorais Way in an area where the slopes are less than 12%. . The site is vegetated primarily with shrubs, scrub oak, aspen, spruce, and ﬁr. The building of the driveway and of the house will be done with consideration at removing as little of this vegetation as possible. We intend to following site work and clearing, including removal of vegetation necessary to comply with the requirements of wildﬁre mitigation. The site is within a “severe hazard” wildﬁre area. See Attachment No 3 No development activity will take place outside of the approved activity envelope. Any recontouring of the site will result in positive drainage away from the intended building site and will tie into existing natural topography. All utility installations will be underground in the area disturbed for construction. Utilities are currently available on site. Electric pole has been implemented for residential use on the property per Holy Cross Energy. The development of the property will not result in signiﬁcant alteration of natural drainage patterns that will increase water ﬂows or subject adjacent properties to increased erosion. There are no active streams, rivers on the subject property. III. 7-20-20 STEEP AND POTENTIALLY UNSTABLE SLOPES, See Attachment No 6 proposed activity envelope and site plan avoid slopes in excess of 30 % and, thus fully comply with Land Use Code §7-20-10 The Draft Activity Envelope and Site Plan Plat depicting the contours of the property and the proposed building and development footprint is see Attachment No 8 The Activity Envelope and Site Plan will conform to these requirements in the Land Use Manual and will provide a graphic depiction of the slope analysis. All development will occur within the approved developed envelope. IV. WATER COURSE AND DRAINAGE §7-20-30 see attachment no.2 There are no streams, rivers or water courses impacting the property. There are no wetlands on the parcel. V. Geologic Hazards §7-20-50 See Map 1 & Map 2 Depicted on historic maps there are no signiﬁcant geologic hazard or avalanche danger on proposed property. VI. WILDFIRE HAZARDS §7-20-60 see attachment 4 The property is mapped as BEING WITHIN a wildﬁre zone AS per study it is deemed a moderate hazard due to the average slopes less than 20%. Property owners will comply with special requirements for rooﬁng material accordance with Pitkin wildﬁre mitigation. ie. wood shake/shingle roofs are prohibited throughout the County. In severe wildﬁre areas, With consideration in our choice of building materials as well. The owners if need be will accommodate with a T- TURN driveway to comply with The local ﬁre department if it deems they may also require modiﬁcations to an existing driveway, or construction of a turn- around area, to ensure that emergency vehicles can access our residence safely. During construction on the parcel owners shall remove vegetation ( special consideration to remove ALL JUNIPERS) within 15ft of driveway as deemed by ﬁre study. VII. WILDLIFE HABITAT §7-20-70 see attachment No.4 The property is not located in any mapped critical wildlife area and does not impact winter habitat or calving areas regarding elk and bighorn sheep, mule deer. Building on this parcel of land, does not affect wildlife habitat of any endangered or threatened species.. To the extent possible, due to the location and size of the parcel, the Applicant will comply with all considerations of Land Use Code 7-20-70 . There will be no manipulation of vegetation outside the activity envelope. It is advised as it is a native vegetation habitat that in order to produce a strong healthy aspen stand, and to less impact fueling for a wildﬁre hazard some thinning of the standing aspens will occur, without affecting nesting habitats. VIII STREAMS AND CORRIDORS §7-20-80 The property does not lie within any streams corridors or wetland s and therefore complies with Pitkin county land use code §7-20-80. IIX. STANDARDS FOR SCENIC VIEW PROTECTION AREAS §7-20-120 The development on the subject property is not visible from Colorado Highway 133. The proposed residence will be a two story structure, above grade located within the proposed building site. The structure will compliment the natural landscape and natural features and will nonimpact any natural ridge line or silhouette against the sky. The development is cited in conformance with the County’s rural character guidelines and will use existing topography and natural vegetation to limit visual impacts. The Applicant will use natural materials and coloring, non-reﬂective materials, and the rooﬂine will compliment the natural form of the hillside which it will be located. While the development cannot entirely preserve the existing natural vegetation of the site, The Applicant plans on keeping vegetation per the amounts recommended by ﬁre mitigation study. IX. LANDSCAPING AND VEGETATION PROTECTION, §7-20-130. To the extent permitted by the wildﬁre restrictions, the Applicant will revegetate all disturbed areas with natural vegetation. The Applicant does not propose to install berms on the site. The area outside the activity envelope will be maintained in its natural, undisturbed condition with the exception of landscaping. All new landscaping will utilize species of naturally occurring plant materials. All landscaping will comply with the requirements of Land Use Code §7-20-130. X §7-20-140 LIGHTING All exterior lighting will comply with Pitkin county guidelines. All lighting for proposed development on the Property will be down-cast to comply with the requirements of Land Use Code §7-20-140. XI § 7-20-50 PUBLIC SERVICES AND UTILITIES All utility extensions will be underground. Public Services and Utilities (Utilities, Water Supply and Sewage Treatment) Septic system will be designed and installed per Pitkin county building requirements. Property has existing pole within activity envelope by which power may be accessed from within the proposed activity envelope. ▪Well will be drilled for water supply of the plot ▪Septic will be designed and installed per Pitkin county requirements. XII §7-20-30: Roads, Driveways and Parking (please see activity envelope map) Access of property is off Dorais Way. Driveway access will be off Dorais Way, Parking of vehicles will be in proposed location entitled MOTOR COURT list of adjacent property owners within 300’ see attachment 7 SCHEDULE OF ATTACHMENTS 1. Certiﬁcation of Ownership 2. Water course and Drainage 3. Wildﬁre Hazard Review 4. Wildlife Ecological Assessment Report 5. Architectural Site Conditions, Floor Plans, Grading Plan and Elevations 6. Draft SIte Plan 7. List of Adjacent Property Owners with in 300’ 8 Map 1&2 Land Title Guarantee Company Date:May 18, 2017 DEE STACY EVERSON AND MACIEJ. A. MROTEK 34 RIVERSIDE ROAD CARBONDALE, CO 81623 velourlove@gmail.com,maciejfireguy@gmail.com Subject: Attached Title Policy OX62007977.2303511 for TBD DORAIS WAY, REDSTONE, CO 81623 Enclosed please find the Owner's Title Insurance Policy for your purchase of the property listed above. This title policy is the final step in your real estate transaction, and we want to take a moment to remind you of its importance. Please review all information in this document carefully and be sure to safeguard this policy along with your other legal documents. Your owner's policy insures you as long as you own the property and requires no additional premium payments. Please feel free to contact any member of our staff if you have questions or concerns regarding your policy, or you may contact the Final Policy Department at Phone: 303-850-4158 or Email Address: finals@ltgc.com As a Colorado-owned and operated title company for over 45 years, with offices throughout the state, we take pride in serving our customers one transaction at a time. We sincerely appreciate your business and welcome the opportunity to assist you with any future real estate needs. Not only will Land Title be able to provide you with the title services quickly and professionally, but you may also be entitled to a discount on title premiums if you sell or refinance the property described in the enclosed policy. Thank you for giving us the opportunity to work with you on this transaction. We look forward to serving you again in the future. Sincerely, Land Title Guarantee Company OWNER'S POLICY OF TITLE INSURANCE ANY NOTICE OF CLAIM AND ANY OTHER NOTICE OR STATEMENT IN WRITING REQUIRED TO BE GIVEN TO THE COMPANY UNDER THIS POLICY MUST BE GIVEN TO THE COMPANY AT THE ADDRESS SHOWN IN SECTION 18 OF THE CONDITIONS. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (the "Company"), insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1.Title being vested other than as stated in Schedule A. 2.Any defect in or lien or encumbrance on the title; This covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3.Unmarketable Title. 4.No right of access to and from the Land. 5.The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6.An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7.The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8.Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9.Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10.Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions.OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY a Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 612) 371-1111 Issued through the Office of: LAND TITLE GUARANTEE COMPANY 3033 E 1ST AVE #600 DENVER, CO 80206 303-850-4165 John E. Freyer, Jr., President Mark Bilbrey, President Rande Yeager, Secretary Copyright 2006-2015 American Land Title Association. All rights reserved. The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY Adopted 6-17-06 ao.06.policy.pg1.ort.odt EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1.(a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4.4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b) or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured. (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defensed as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenue, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must to so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligation to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in the subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expensed incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons, Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim or loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law; The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum; Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at: 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111. ANTI-FRAUD STATEMENT: Pursuant to CRS 10-1-128(6)(a), it is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. This anti-fraud statement is affixed to and made a part of this policy. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY Adopted 6-17-06 Copyright 2006-2015 American Land Title Association. All rights reserved. ao.06.policy.cover.odt Land Title Guarantee Company Representing Old Republic National Title Insurance Company Schedule A Order Number: Q 62007977 Policy Number: OX62007977.2303511 Amount: $147,500.00 Property Address: TBD DORAIS WAY, REDSTONE, CO 81623 1.Policy Date: April 20, 2017 at 5:00 P.M. 2.Name of Insured: DEE STACY EVERSON AND MACIEJ A. MROTEK 3.The estate or interest in the Land described or referred to in this Schedule and which is covered by this policy is: A FEE SIMPLE 4.Title to the estate or interest covered by this policy at the date is vested in: DEE STACY EVERSON AND MACIEJ A. MROTEK 5.The Land referred to in this Policy is described as follows: A TRACT OF LAND SITUATED IN THE NE1/4NW1/4 OF SECTION 9, TOWNSHIP 10 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN LYING SOUTHERLY OF THE NORTHERLY LINE OF SAID NE1/4NW1/4 AND EASTERLY OF THE EASTERLY RIGHT OF WAY LINE OF THE OLD CRYSTAL RIVER RAILROAD, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 9, SAID POINT BEING ON THE EASTERLY RIGHT OF WAY LINE OF SAID RAILROAD WHENCE AN IRON POST WITH A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED FOR THE WITNESS CORNER TO THE NORTHWEST CORNER OF SAID SECTION 9 BEARS WEST 1745.75 FEET; THENCE EAST ALONG THE NORTHERLY LINE OF SAID NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER 497.77 FEET, MORE OR LESS TO THE NORTHEAST CORNER OF SAID NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER; THENCE SOUTH 00°05'00" WEST 82.11 FEET ALONG THE EASTERLY LINE OF SAID NORTHEAST ONE- QUARTER OF THE NORTHWEST ONE-QUARTER; THENCE NORTH 53°08'00" WEST 60.13 FEET; THENCE SOUTH 46°26'00" WEST 209.64 FEET; THENCE SOUTH 15°00'30" WEST 167.24 FEET; THENCE NORTH 64°32'46" WEST 380.16 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF SAID RAILROAD; THENCE NORTH 25°14'00" EAST ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID RAILROAD 208.57 FEET, MORE OR LESS TO A POINT ON THE NORTHERLY LINE OF SAID NORTHEAST ONE- QUARTER OF THE NORTHWEST ONE-QUARTER, THE POINT OF BEGINNING. COUNTY OF PITKIN, STATE OF COLORADO. This Policy Valid only if Schedule B is attached. Land Title Guarantee Company Representing Old Republic National Title Insurance Company (Schedule B) Policy Number OX62007977.2303511 Order Number 62007977 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1) ANY FACTS, RIGHTS, INTERESTS, OR CLAIMS THEREOF, NOT SHOWN BY THE PUBLIC RECORDS BUT THAT COULD BE ASCERTAINED BY AN INSPECTION OF THE LAND OR THAT MAY BE ASSERTED BY PERSONS IN POSSESSION OF THE LAND. 2) EASEMENTS, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF, NOT SHOWN BY THE PUBLIC RECORDS. 3) ANY ENCROACHMENT, ENCUMBRANCE, VIOLATION, VARIATION, OR ADVERSE CIRCUMSTANCE AFFECTING THE TITLE THAT WOULD BE DISCLOSED BY AN ACCURATE AND COMPLETE LAND SURVEY OF THE LAND AND NOT SHOWN BY THE PUBLIC RECORDS. 4) ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. 5) (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER. 6) 2017 TAXES AND ASSESSMENTS NOT YET DUE OR PAYABLE. 7) RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED MAY 18, 1994 IN BOOK 55 AT PAGE 46. 8) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF 50 FOOT RIGHT OF WAY AS GRANTED TO THE CRYSTAL RIVER RAILWAY COMPANY IN DEED RECORDED MAY 2, 1893 IN BOOK 139 AT PAGE 223. 9) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF DEED TO THE COLORADO DEPARTMENT OF HIGHWAYS RECORDED SEPTEMBER 9, 1960 IN BOOK 191 AT PAGE 517. 10) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESTRICTIONS AS SET FORTH IN WARRANTY DEED RECORDED FEBRUARY 11, 1970 IN BOOK 246 AT PAGE 784. 11) MATTERS DISCLOSED ON THE BOUNDARY SURVEY ISSUED BY WILMORE & COMPANY CERTIFIED JANUARY 10, 2017, JOB NO. INCLUDING, BUT NOT LIMITED TO THE EFFECT OF THE NEIGHBOR'S DRIVEWAY ENCROACHING ONTO THE SOUTHEAST CORNER OF THE SUBJECT PROPERTY, THE OVERHEAD ELECTRIC CROSSING THE SUBJECT PROPERTY AND THE DITCH TRAVERSING THROUGH THE SUBJECT PROPERTY. SAID DOCUMENT STORED AS OUR ESI 31564333. ITEM NOS. 1 THROUGH 4 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED. Evans/Mrotek property assessment Brad Johnson, Ph.D., P.W.S. 1518 W. Oak St. (970) 658.7782 bjohnson-jec@comcast.net JOHNSON ENVIRONMENTAL CONSULTING, LLC December 14, 2018 To: Pitkin County, CO Planning From: Brad Johnson, PhD, PWS, Johnson Environmental Consulting, LLC Re: Evaluation of parcel ID 272909200003 To whom it may concern: I was asked by the owners of parcel #272909200003, Stacy Everson and Maciej Mrotek, to evaluate natural ephemeral drainages which occur on and in the vicinity of their land as to the likelihood and the ramifications of these drainages activating and conveying storm water runoff. The property is located off Dorais Way, but an address has not been assigned yet. I made a field evaluation of the property, guided by Mr. Mrotek, on November 27, 2018. The property is located on a large colluvial deposit at the base of the Crystal River’s east valley scarp. The processes that created the landform have produced hummocky terrain whose substrate is a poorly- sorted mix of materials from fines to large boulders, and the matrix of fine material is relatively erodible. The landform is convex and generally fan shaped. A low-density, residential subdivision that includes the Everson/Mrotek parcel has been platted across the crest of the depositional land form. Two predominant flow paths have formed in the area that drain water originating on the east valley scarp and convey it to the Crystal River (Figure 1). The southern-most one appears well organized into one main channel thread. The northern flow path is multi-threaded, with channel threads apparently activating and being abandoned stochastically. These two drainage ways are to the north and south of the Everson/Mrotek property, and they make a descending traverse of the shoulders of the depositional feature. In their current configuration, neither drainage can access the crest of the land form and so do not constitute a foreseeable threat to the property. An existing gully roughly bisects the Everson/Mrotek property (Figure 2). The gully begins near the top of the property and quickly attains a depth of perhaps nine feet. The gully possesses a berm along its edge for, at least, its middle reach suggesting that the feature may have been intentionally excavated or enhanced. The gully extends through the property to its western boundary at Dorais Way. There, the gully is interrupted by the historical railroad grade that Dorais Way follows, but it then continues to the Crystal River. Dorais Way is not culverted where it crosses the path of the gully, yet the historical railroad grade is not eroded, nor does it show signs of recent repair. This situation suggests that significant activation of the gully has not occurred since at least the 1940s or 50s. The gully sides are also vegetated with woody plants, further indicating that a substantial gully activation has not been recent. The mouth of the gully is isolated from existing channel systems and no evidence was observed indicating that it was historically contiguous with the channel system to the north. The two-foot Evans/Mrotek property assessment Brad Johnson, Ph.D., P.W.S. 1518 W. Oak St. (970) 658.7782 bjohnson-jec@comcast.net topographical contour layer available on the Pitkin County map view also did not reveal any obvious connection between the gully and the northern channel system. During an extreme, episodic event the northern channel system is expected shift and change. The gully on the Everson/Mrotek property would not be expected to capture flows should the northern channel system shift as the result of an episodic event, however. This conclusion is based on local topography in conjunction with the house directly uphill (east) of the gully which blocks flow from entering the top of the gully from above and which also should prevent upward head-cutting of the gully toward the channel system. Storm runoff and snowmelt will enter and run down the gully since the feature is a low point on the landscape. Because of its size, the gully also likely serves as the main drainage feature for the local catchment. Therefore, I recommend that gully remain on the property and that it is not blocked or filled during development that may occur on the property. If you have any questions, please do not hesitate to contact me. Sincerely, Dr. J. Bradley Johnson Evans/Mrotek property assessment Brad Johnson, Ph.D., P.W.S. 1518 W. Oak St. (970) 658.7782 bjohnson-jec@comcast.net Figure 1. Aerial image from the Pitkin County webpage showing the Everson/Mrotek parcel, outlined in orange. The Crystal River is to the left in the photograph. The primary drainage ways have been drawn in as dashed blue lines. This drainage mapping is not exhaustive nor does it extend all the way to the river. Evans/Mrotek property assessment Brad Johnson, Ph.D., P.W.S. 1518 W. Oak St. (970) 658.7782 bjohnson-jec@comcast.net Figure 2. A closer view of the Everson/Mrotek property (outlined in orange). The gully bisecting the property is shown by the dashed blue line. www.sgm-inc.com GLENWOOD SPRINGS 118 West Sixth St, Suite 200 | Glenwood Springs, CO 81601 | 970.945.1004 December 21, 2018 Maciej Mrotek 204 Riverside Road Carbondale, CO 81623 maciejfireguy@gmail.com Re: Wildfire Hazard Review for Dorias Way Parcel Mr. Mrotek, I visited your property on Dorias Way (Parcel ID 272909200003) in Pitkin County was visited on December 19, 2018 to review existing conditions of potential wildfire hazards for compliance with the Land Use Code for establishment of an Activity Envelope and site access. The proposed Activity Envelope would be located on north east-facing slopes of approximately 15% with somewhat discontinuous fuels, but very large amounts of down-woody debris. Fuels were dominated by dominated by aspen, chokecherry, serviceberry, and infrequent ponderosa pine, Engelmann spruce, and oakbrush. The site is considered “Moderate Hazard” due to slopes averaging less than 20% and discontinuous fuels; however, there are portions of the parcel with heavy fuel loading characteristics. The following mitigations are recommended for new construction. I. Defensible Space As during construction most of the vegetation within at least 15-30 feet will likely be removed, re-planting of vegetation must adhere to the following: 1. Brush, debris and non-ornamental vegetation shall be removed within 15-feet perimeter around all structures. 2. Remove juniper trees within 60-feet of residence, and within 15-feet of the access road. 3. Installed landscaping within 40’ of the house should not contain any flammable brushy species (such as sticky laurel, junipers or other coniferous shrubs)- only grasses, forbs and aspen trees are allowed; no conifers. 4. Within 60-feet of the house, thin oakbrush and shrubs so that their absolute cover is no more than 20% cover within the 60-foot perimeter. Heavier thinning should occur closer to the house, and on slopes down from the house. Aspen trees may remain. 5. Within 100-feet of the house (or to property boundaries), thin shrubby fuels to no more than 15% of total vegetation coverage. This can be done in an aesthetically pleasing manner, but more Wildfire Hazard Review Mrotek Parcel, Dorias Way SGM 2 thinning should be done closer to the house, and less thinning further from the house. 6. Thin shrubby fuels within 20-feet of utility structures (if applicable). 7. All deadfall and dead branches on shrubs shall be removed up to a 100’ perimeter of homes. 8. No trees of any species may be within 15 feet of a window. 9. There should be no branches that extend over the roof eaves, and all branches within 15 feet of chimneys shall be removed. 10. No flammable mulches shall be placed within 2 feet of the residence. 11. The property owner shall be responsible for the continued maintenance of the above listed vegetation requirements. 12. The owner should contact Holy Cross Electric regarding any needed fuels reduction around the powerline. II. Access 1. Thin shrubby vegetation within 15-feet of the driveway so that shrub cover is no more than 15%. Remove all junipers (Rocky Mountain and the low-growing common juniper [Juniperus communis])- these are extremely flammable species. 2. If the looped driveway configuration is not possible, have a 30-foot drivable surface inside turning radius or a hammerhead or other T-turn area at the house. III. Water Supply for Fire Safety The property is supplied water from a well. It is unclear where the nearest fire hydrant is located. (a) When access to a public or private pressurized water system is not available or if it is necessary to augment fire protection water systems, private ponds may be used if approved by the Community Development Department and the local fire district. (b) Any fire department recommendation for individual structure water supply and storage shall be accessible to fire department vehicles from the exterior of the structure through a fire department approved mechanism (such as a fire hydrant). The amount of storage capacity shall be determined by the fire protection district with a minimum of one thousand (1,000) gallon storage capacity per structure. Wildfire Hazard Review Mrotek Parcel, Dorias Way SGM 3 IV. Roofing Materials, Roofing Vents, and Projections at and Below Roof Line 1) General and Moderate Hazard Area Roofing Standards a) Class A covering as defined by the currently adopted building code. i) Non-combustible covering is preferred b) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. c) No wood shakes or shingles, and no “treated” wood shakes or shingles. d) Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other: i) Sheath with non-combustible materials, or ii) Combustible materials underlain with 5/8” Type X gypboard or equal, or iii) Minimum 4x6 rafters with 2x T&G decking. e) Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline: i) Minimum 6x6 posts, 6x10 beams, 3x8 joists, 3x decking, and 2x railings, or equivalent log construction. Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. ii) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. f) If roofs would be less than 3:12 pitch, then additional conditions would need to be applied. 2) Roof Venting a. Soffit venting shall be located in the outer 1/3rd portion of the overhang. b. Attic, soffits and other roof venting shall be of non-corrosive metal mesh with maximum ¼” openings (small mesh opening is strongly recommended). V. Foundations Foundations, skirting, and crawl space opening shall be fully enclosed and constructed with materials approved for 1-hour fire-resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls. VI. Maintenance and Miscellaneous Requirements 1. Roofs and gutters shall be kept clear of debris. 2. Yards shall be kept clear of all litter, slash, and flammable debris. 3. All flammable materials to be stored outdoors shall be stored on a parallel contour a minimum of 15 feet away from any structure. 4. Weeds and grasses (not including irrigated landscaping) within the 10-foot perimeter of the structure(s) shall be maintained to a height of not more than 6 inches. 5. Firewood/wood piles shall be stacked on a parallel contour a minimum of 20 feet away from the structure from April through October. 6. Non-salt water swimming pools and ponds, if any, shall be accessible by the local fire district. Wildfire Hazard Review Mrotek Parcel, Dorias Way SGM 4 7. Fences shall be kept clear of brush and debris. 8. Wood fences shall not connect to other structures. 9. Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with 15-feet of defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire-resistive construction on the exterior side of the walls. 10. Each structure shall have a minimum of one 10-pound ABC fire extinguisher. 11. Addresses shall be clearly marked with 2-inch non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non-combustible surface. The standards stated in 7-20-60: Wildfire Hazards have been modified for the conditions at this property. While no home is truly “fire proof”, these recommendations are provided to improve defensibility of a home in the event of a wildfire. These recommendations are provided as minimum standards for defensibility, and long-term maintenance of fuel conditions would be necessary and under the responsibility of the homeowner to ensure defensibility. Please feel free to email (ericp@sgm-inc.com) or call 970-384-9073 if you have any questions. Best regards, Eric Petterson SGM www.sgm-inc.com GLENWOOD SPRINGS 118 West Sixth St, Suite 200 | Glenwood Springs, CO 81601 | 970.945.1004 December 26, 2018 Maciej Mrotek 204 Riverside Road Carbondale, CO 81623 maciejfireguy@gmail.com Re: Ecological Assessment for Mrotek Parcel on Dorias Way Mr. Mrotek, This report provides an ecological assessment of existing biological, wetland and riparian conditions of the property in relation to the Land Use Code for a proposed activity envelope. This assessment addresses wildlife use of the Property, presents the potential effects of development on wildlife and other important ecological resources, and provides recommendations to reduce ecological impacts. The parcel on Dorias Way (Parcel ID 272909200003) in Pitkin County was visited on December 19, 2018 to review existing conditions. Wildlife Habitat Areas (§70-20-70), River and Stream Corridors and Wetlands (§70-20-80), and Landscaping and Vegetation Protection (§70-20-130) sections of the Pitkin County Land Use Code are addressed as they pertain to the proposed Activity Envelope. Constrained Areas as defined by the Land Use Code which were evaluated include: critical wildlife habitat (severe winter range and/or winter concentration areas); wildlife migration corridors or habitat; wildlife production areas (birthing or calving areas); important waterfowl and wading bird habitat areas; significant sagebrush; aspen or mountain shrub dominated habitats; rare, imperiled, sensitive, threatened, or endangered species critical habitats (§7-20-70); and riparian and wetland areas (§70-20-80). This assessment was based on: a review of Colorado Parks & Wildlife (CPW) Species Distribution Maps; and the site visit assessing the potential impacts of development on wildlife and other ecological resources. Site Description The Property is located approximately 2.4 miles north of Redstone, on Dorias Way in Section 9, Township 10 South, Range 88 West, at an elevation of approximately 7,080 feet. The approximately 2.4- acre parcel is vacant, aside from a rough access point and an adjacent Holy Cross Electric overhead powerline and associated managed right-of-way (ROW). Dorias Way is a single-lane dirt road along the historic Crystal River Railroad ROW adjacent to the parcel. The parcel’s overstory vegetation is dominated by mature and decadent aspen (Populus tremuloides) with a very diverse array of associated trees and understory species, including: western snowberry (Symphoricarpos rotundifolius), Rocky Mountain juniper (Juniperus scopulorum), common juniper Decadent aspen stand habitat conditions. Ecological Assessment Report Mrotek Parcel, Dorias Way SGM 2 (Juniperus communis), oakbrush (Quercus gambelii), Oregon grape (Mahonia repens), chokecherry (Prunus virginianus), serviceberry (Amelanchier alnifolia), wild rose (Rosa woodsii), widely scattered Engelmann spruce (Picea engelmanii), Rocky Mountain maple (Acer glabrum), narrowleaf cottonwood (Populus angustifolia), hawthorn (Cratageus erythropoda), and understory species including orchardgrass (Dactylis glomerata), smooth brome (Bromus inermis), elk sedge (Carex geyeri), American vetch (Vicia americana), and monument plant (Frasera speciosa). Other species are likely present, but unidentifiable given the time of year and snow cover. There are two shallow draws bisecting the parcel, neither of these features are portrayed on U.S. Geological Survey maps as hydric features. Based on a site-evaluation, these features do not support bed or banks, and do not appear to support any intermittent or ephemeral flows. There was no notable hydric vegetation occurring within these draws. These draws do not appear to reach the Crystal River, and would not be considered a water of the U.S. These draws may, nevertheless, convey atypical flow events. Water Courses and Drainage - §7-20-30 The Activity Envelope and parcel do not have any water courses or ephemeral or intermittent drainages; however, the drainages on the parcel may flow during extreme or atypical precipitation events. Development of the parcel should avoid these drainages simply to avoid structural damage, but there would be no impact to any watercourses or drainages as defined by the Land Use Code. Wildlife Habitat Areas - §70-20-70 The following sections address relevant portions of the Land Use Code, as they relate to activities within the Activity Envelope. CPW Species Activity Maps that are relevant to this assessment are presented in Appendix I. Significant Mountain Sagebrush, Aspen and Mountain Shrub Habitat - (§7-20-70 (g)(1-6) The Property supports gently-sloping, northwest-facing decadent aspen and mixed shrubland habitats; the parcel seems to support a mix of just about every major tree or shrub type and has large amounts of downed woody debris. This is likely because the aspen stand is very decadent and is slowly being replaced by other shade tolerant species, but also because the site is becoming drier and more xeric species are becoming established. The proposed activity envelope would not impact healthy aspen stands, as the site is decadent and transitioning to dryer habitat types. There are no significant aspen, mountain sagebrush or mountain shrub habitats on the parcel, whereby development would have meaningful impacts to unique habitat types. Wildfire hazard fuels thinning would likely help aspen resprout and would likely help reinvigorate the aspen stand. This would benefit both wildlife species as well as help reduce wildfire hazards through creating a more mesic stand condition. Shallow swales with no Ordinary High Water Marks Ecological Assessment Report Mrotek Parcel, Dorias Way SGM 3 Clustering to Minimize Impact on Wildlife - §7-20-70 (c)(8) The proposed Activity Envelope occurs generally within the middle of the parcel; given the location and size of the parcel, there is little opportunity to “cluster”; the home could be moved to the top of the parcel another 100-feet to be closer to an existing homesite, but then the driveway would need to be longer; if the homesite was sited closer to Dorias Way, there would be a shorter driveway, and development would be more clustered, but given the widespread local habitat types (decadent aspen with various shrubby understory species), there would be little benefit to wildlife species from clustering. Other General Standards (§7-20-70 (g)(7-14) shall be adhered to by the owner. Nest/Roost Buffer - §7-20-70(d)(1) No osprey, golden eagle, or bald eagle nests or roosts are known to occur within at least two miles of the parcel. The parcel and area around it are not conducive to osprey, bald eagle or golden eagle use. There is a peregrine falcon aerie approximately 1 mile to the southeast of the parcel, high on cliffs overlooking the valley. Given the horizontal and vertical distance to this aerie, and other ongoing activities in the valley (most notably traffic on SH-133), no impact to this aerie or peregrine falcon’s ability to continue to forage and nest would be anticipated. Development within the Activity Envelope would not be expected to have impacts to these species. Other woodland species, including owls (most likely either saw whet or long-eared owl), or sharp-shinned hawk, could nest in the parcel, but given that most of the aspen trees are decadent or have already fallen down, and other coniferous trees in the parcel are somewhat small, nesting opportunities are s limited. No raptor or owl nests were observed, but given the time of year, some smaller nests could easily be missed. Activities within the Activity Envelope could temporarily disrupt nesting by these and other species. Nesting raptor surveys have not occurred as part of development of this report. Intensive Use Buffer - §7-20-70(d)(2) No intensive use is proposed for the property. Rare, Threatened & Endangered Species - §7-20-70(d)(3) There are no federally listed Threatened, Endangered, or Candidate plant or animal species known or suspected to occur on the parcel, nor is there critical habitat for any federal listed species within the project area. Important Waterfowl and Wading Bird Habitat Area - §7-20-70(d)(4) There are no important waterfowl and wading bird habitat areas on or adjacent to the parcel. Migration Corridors - §7-20-70(d)(5); (e)(3); (f)(3) The Property is not within or adjacent to any mapped or field verified migration corridors. The nearest movement/migration corridor is a bighorn sheep movement corridor approximately 1.25 miles north of the parcel, in Filoha Meadows (see Figure 1- Bighorn Sheep Habitat). Winter Range, Severe Winter Range and Winter Concentration Areas - §7-20-70(d)(6); (e)(2); (f)(1, 2) The parcel is within CPW- mapped elk Winter Range and is within a Bald Eagle Winter Foraging Area (see Figure 2- Elk Habitats and Figure 3- Bald Eagle Winter Range & Foraging Areas). The parcel is not within a Ecological Assessment Report Mrotek Parcel, Dorias Way SGM 4 Winter Concentration or Severe Winter Range area. The parcel is also not within any mule deer or bighorn sheep winter ranges. Elk generally congregate in the Filoha Meadows and hillside above the meadows in the winter, but some individual elk may move through or even linger in and around the parcel. Given there is already homesite and as observed during the site visit, neighborhood barking dogs in the area, elk would not be expected to congregate or linger in or around the parcel. While the development of the parcel may negatively impact the ability of some individual elk to utilize the area during the winter, parcel development is not expected to meaningfully impact larger winter range habitats near Filoha Meadows. Dogs should not be allowed to ever run loose on the parcel, given its location within diverse wildlife habitat areas, and especially during the winter months when elk may be wintering near the parcel, in late May and early June when bighorn sheep lamb on slopes above the parcel. Bald eagles may winter along the Crystal River, and CPW has thus mapped most of the Crystal River corridor as Winter Range. Of note, most of the Crystal River above Filoha Meadows (and thus in proximity to the parcel) is heavily iced-over during the winter months and provides little winter fishing opportunities (the thermal hot springs around Filoha Meadows warm the river, and from Filoha Meadows and downstream there is much less ice cover). Bald eagles, however, can be observed intermittently around Filoha Meadows in the winter months, primarily foraging opportunistically for winter-killed elk and bighorn sheep. Bald eagles may be observed roosting near the parcel, but more likely their presence would be driven by a winter- killed elk or bighorn sheep in the area. Development of the parcel would not impact any suitable bald eagle roost trees and would not negatively impact bald eagles’ ability to continue to opportunistically forage for winter-killed elk or bighorn sheep (or animals killed along SH-133). Production Areas - §7-20-70(d)(7); (e)(4); (f)(4) There are no mapped or field verified production areas in or within proximity to the parcel. The nearest production area for bighorn sheep occurs approximately 0.25-miles east of the parcel, high on rugged cliffs. Development of the parcel is not anticipated to negatively impact bighorn sheep production areas, but dogs must not be allowed to run loose; the proximity to lambing areas is easily within the range of a free-roaming domestic dog, and harassment of lambs and ewes by domestic dogs could easily occur. There are no other big game production areas in proximity of the parcel. Black Bears - §7-20-70(c)(7); (c)(10); (c)(12) The parcel is within a large black bear Fall Concentration area (Figure 4- Black Bear Range & Conflict Areas). Black bears are very common in the area from the spring through the late fall. Development of the Activity Envelope (including landscaping and trash containers) should be done assuming that there is a high likelihood that bears would be in the area. Development of the parcel would not have a meaningful reduction in black bear habitat, but black bears would be exposed to more human occupancy of their habitats, and there would be increased likelihood of black bear-human conflicts. Strict adherence to keeping trash, pet food, and other potential food sources secured would be needed to avoid black bears from becoming a nuisance and thus inevitable conflicts. See below for additional mitigation measures. Timing of Construction - §70-20-70(g)(1) The proposed development is not within ¼ mile of Severe Winter Range; thus, no construction timing restriction would be applicable to this parcel. Ecological Assessment Report Mrotek Parcel, Dorias Way SGM 5 Summary of Compliance with §70-20-70 (b) General Principles The activity envelope would be within a decadent aspen stand that is transitioning to a more xeric species profile. The parcel is near an area already seeing diminished habitat effectiveness due to adjacent homes, roads and human activities. In summary: • The proposed Activity Envelope would maintain large, intact areas of native vegetation and habitat. • No rare landscape elements would be impacted. • No wildlife movement corridors would be impacted. • No rare species or their habitats would be impacted. • The project would have only minor cumulative impacts to local wildlife species, and such minor impacts would be at a degree that is permitted under the terms of the Pitkin County Land Use Code. Landscaping & Vegetation Protection - §7-20-130 Protection of Natural Vegetation - §7-20-70(b)(1) The Activity Envelope is within native natural vegetation types, and there are no areas within the parcel that do not support natural vegetation. No significant impact to natural vegetation would be anticipated, given there is an abundance of the decadent aspen community type in Pitkin County and western Colorado. Conclusion The ecological assessment for the Activity Envelope has resulted in the following observations: 1. The parcel is not within any mapped mule deer or elk Winter Concentration Areas or Severe Winter Range. The parcel is within elk Winter Range. Some individual elk may occur within the parcel during the winter months, but most elk winter in Filoha Meadows to the north Development in the parcel is not anticipated to result in a meaningful loss of winter range, but given the proximity of the parcel to large and important winter ranges, strict adherence to keeping dogs on-leash or kenneled would be needed to maintain the integrity of elk winter ranges to the north. 2. The proposed Activity Envelope would not result in the loss of wildlife habitat regulated by the Land Use Code. No bighorn sheep, elk, or mule deer production habitat, migration corridors, severe winter range, or winter concentration areas would be affected by development within the proposed Activity Envelope. 3. No other wildlife habitat features regulated under §7-20-70 Wildlife Habitat Areas would be affected by the proposed development. 4. No federally or state-listed sensitive species or other economically important wildlife species would be affected by development within the proposed Activity Envelope. 5. No habitat for animal or plant species listed as Threatened or Endangered by the U.S. Fish and Wildlife Service would be affected by the development of the Property. 6. The Activity Envelope is not located within or near any jurisdictional wetlands or other Waters of the U.S. Ecological Assessment Report Mrotek Parcel, Dorias Way SGM 6 Recommendations to Minimize Ecological Impacts 1. Domestic Animal Control: a. Given the proximity to elk and bighorn sheep winter ranges and production habitats, dogs should be leashed or restricted to a fenced enclosure (i.e., kennel, run, or yard), and not allowed to run freely across the parcel. Barking dogs can also dramatically reduce habitat effectiveness for over a mile from the parcel, given these species sensitivity to harassment. b. Dogs of construction workers and guests should be required to comply with these restrictions. c. Domestic cats should not be allowed to run free. There would be a high likelihood of their mortality given the well-established population of fox, black bear and coyotes in the area, but more importantly the parcel provides important migratory and resident bird nesting habitats. Domestic cats are known to be the largest migratory bird mortality factor in the U.S., and responsible management of domestic cats should be implemented. 2. Black Bears: a. All refuse containers should meet or exceed the Wildlife Proof Refuse Container/Dumpster Enclosure Standards described in Pitkin County Ordinance #010-2001 and the 2004 amendment to that ordinance. b. Fruit-bearing trees and shrubs should be avoided in any landscaping within or around the Activity Envelope. c. Pets should not be fed outside. d. Whenever possible, lever-style door handles should be avoided on the exterior of the house. e. Bird feeders should be avoided from April through November. f. As this area is within a well-known area of very high levels of black bear use, composting of kitchen or yard waste should not be done on the property. 3. Noxious Weeds: a. Weeds on the property should be managed for compliance with the Pitkin County Weed Management Plan, and State of Colorado’s Weed Management Act. Thank you for this opportunity to comment on this property, and please feel free to call me at 970-309- 5190, or email at ericp@sgm-inc.com if you have any questions. Eric Petterson Senior Ecologist, Ecological Assessment Report Mrotek Parcel, Dorias Way SGM 7 Ecological Assessment Report Mrotek Parcel, Dorias Way SGM 8 Ecological Assessment Report Mrotek Parcel, Dorias Way SGM 9 Ecological Assessment Report Mrotek Parcel, Dorias Way SGM 10 UPDNUPOFFICEBEDROOMMECHANICALLAUNDRYJ&J BATHSTORAGECLOSETCLOSETLIVINGPOWDERKITCHENCOATSSTAIRSSTAIRSDECK02'4'8'1'MAIN LEVEL1/4" = 1'-0"LOWER LEVEL1/4" = 1'-0"COATSARMOIRREF.DININGBENCHPANTRYOVEN/MWD/WMUD15 RISERS @7.25" EACH14 RISERS @7.25" EACH14 RISERS @7.25" EACHCUB'SMASTER BEDROOMDNSTAIRSM. BATHROOMTOOPENBELOWUPPER LEVEL1/4" = 1'-0"OFFICE9' X 5'12'6" X 12'3"MASTER W.I.C.9' X 5'15 RISERS @7.25" EACHROOF1/4" = 1'-0"11111A3.00111A3.00A3.00A3.00A3.00A3.00A3.00A3.00682 S.F.720 S.F.397 S.F.NATION (970) 948 7015 | designation@q.com DESIG All copyrightable work provided shallbe considered "Intellectual Property".desigNation holds an interest in theIntellectual Property that is provided.A1.01TBD DORAIS WAY|REDSTONE, COLORADO EVERSON MROTEK RESIDENCEPHASE DATEDRAFT 1 09|07|'18SCHEMATIC 01|12|'19ACTIVITY APP. 02|06|'19 F.F. MAIN100'-0"F.F. UPPER109'-0 3/4"T.O. PLATE114'-10 3/4"F.F. LOWER91'-6 1/2"F.F. MAIN100'-0"F.F. UPPER109'-0 3/4"T.O. PLATE114'-10 3/4"F.F. LOWER91'-6 1/2"ARCH ELEV. 100'-0" =TOPO. ELEV. 7086'-6" VERTICAL CEMENT FIBER BD. SIDING LOCALLY QUARRIED STONE VENEER D. FIR HEAVY TIMBER R.S. CEDAR EAVES & RAKES ALUMINUM CLAD / GLAZING RUSTED CORTEN METAL ROOFING OTHER (SEE NOTE) 3 2 1 4 5 6 7MATERIALS KEY:SOUTH ELEVATION1/4" = 1'-0"NORTH ELEVATION1/4" = 1'-0"WEST ELEVATION1/4" = 1'-0"EAST ELEVATION1/4" = 1'-0"02'4'8'1'11A3.00A3.00 1 1 1 1 2 2 1 2 3 3 3 3 3 3 3 3 3 3 4 4 4 4 4 4 4 4 4 4 5 5 5 5 6 6 6 6NATION (970) 948 7015 | designation@q.com DESIG All copyrightable work provided shallbe considered "Intellectual Property".desigNation holds an interest in theIntellectual Property that is provided.A2.00TBD DORAIS WAY|REDSTONE, COLORADO EVERSON MROTEK RESIDENCEPHASE DATEDRAFT 1 09|07|'18SCHEMATIC 01|12|'19ACTIVITY APP. 02|06|'19 <<< TO DORAIS WAYFUTUREGARAGE / SHOPAPX. OWTS LOCATION, SEE FINAL DESIGN BYALL SEPTIC SERVICEDISTRIBUTION VALAVEPROPOSED RESIDENCEMOTORCOURTPROPOSED WELLLOCATION9LINE OF PROPOSEDACTIVITY ENVELOPELINE OF PROPOSEDACTIVITY ENVELOPELINE OF PROPOSEDACTIVITY ENVELOPEHER SHEDHIS SHEDSITE WALLS,SEE A2.002,000.001: 12,000WGS_1984_Web_Mercator_Auxiliary_Sphere1,000.002,000.0FeetTHIS MAP IS FOR INFORMATIONAL PURPOSES.Pitkin County GIS makes no warranty or guaranteeconcerning the completeness, accuracy, or reliabilityof the content represented.NATION (970) 948 7015 | designation@q.com DESIG All copyrightable work provided shallbe considered "Intellectual Property".desigNation holds an interest in theIntellectual Property that is provided.A1.00TBD DORAIS WAY|REDSTONE, COLORADO EVERSON MROTEK RESIDENCEPHASE DATEDRAFT 1 09|07|'18 PROPOSED ACTIVITY ENVELOPE PLAN SCALE: 1" = 20' - 0" N VICINITY MAP SCALE: 1" = 2,000' NSCHEMATIC 01|12|'19ACTIVITY APP. 02|06|'19 Attachment 7 list of adjacent property owners with in 300’ 1 1571 DORAIS WAY DURHAM ROBERT & DORAIS WY 14628 HWY 133 CARBONDALE, CO 81623 2 1000 DORAIS WAY BURNHART 30 ALYCIA WAY ALPHARETTA, GA 30004 3 800 DORAIS WAY ZIEGLER JOAN H TRUST 224 DATURA ST #1311 WEST PALM BEACH, FL 33401 4 EMERICK JOHN 111 MOUNTAIN LION WY REDSTONE, CO 81623-9589 5 BEAUCHAMP BRYAN J & TARA M 55 MOUNTAIN LION DR REDSTONE, CO 81623 6 BLOCKER TIM & B J 75 MOUNTAIN LION DR REDSTONE, CO 81623-8203 7 100 MTN LION DR OWEN RICHARD FAMILY TRUST 1200 HI CIR S HORSESHOE BAY, TX 78657 Report Created: 2/27/2019 11:53:16 AM Parcel ID: 272909200003Pitkin County Parcel Report Land Use Category Improvements Township, Range, Section Jurisdiction GIS Parcel Size Sq. Feet Address (Assessor's Records) Assessor's Information DORAIS WY Property Information Pitkin County 2.443 Acres 0520: Vacant Land-1.0 Acre but < 5.0 Acres 204 RIVERSIDE RD CARBONDALE, CO 81623 R007510 EVERSON DEE STACYOwner Account Owner Address 204 RIVERSIDE RD CARBONDALE, CO 81623 R007510 MROTEK MACIEJ AOwner Account Owner Address T:10, R:88, S:9; T:10, R:88, S:4 Sixteenth: NE Quarter: NW Section: 9 Township: 10 Range: 88 TRACT OF LAND IN NE4NW4 OF SEC 9-10-88 LYING SLY OF THE NLY LINE OF SAID NE4NW4 & ELY OF THE ELY R-O-W LINE OF THE OLD CRYSTAL RIVER RAILROAD BGNNG AT A PT ON THE NLY LINE OF NE4NW4 SEC 9 SAID PT BEING ON THE ELY ROW LINE OF SAID RR WH AN IRON POST WITH A BRASS CAP FOUND IN PLACE & PROPERLY MARKED FOR THE WITNESS COR TO THE NW COR OF SAID SEC 9 BEARS W 1745.75 FT TH E ALNG THE NLY LINE OF SAID NE4NW4 497.77 FT +/- TO THE NE COR OF SAID NE4NW4 TH S 00°05'00"W 82.11 FT ALNG THE ELY LINE OF SAID NE4NW4 TH N 53°08'00"W 60.13 FT TH S 46°26'00"W 209.64 FT TH S 15°00'30"W 167.24 FT TH N 64°32'46"W 380.16 FT TO A PT ON THE ELY ROW LINE OS SAID RR TH N 25°14'00"E ALNG THE ELY ROW LINE OF SAID RR 208.57 FT +/- TO A PT ON THE NLY LINE OF SAID NE4NW4 THE POB TOGETHER WITH 2/12 INT IN WHITEWASH SPRINGS Legal Description Sixteenth: NE Quarter: NW Section: 9 Township: 10 Range: 88 TRACT OF LAND IN NE4NW4 OF SEC 9-10-88 LYING SLY OF THE NLY LINE OF SAID NE4NW4 & ELY OF THE ELY R-O-W LINE OF THE OLD CRYSTAL RIVER RAILROAD BGNNG AT A PT ON THE NLY LINE OF NE4NW4 SEC 9 SAID PT BEING ON THE ELY ROW LINE OF SAID RR WH AN IRON POST WITH A BRASS CAP FOUND IN PLACE & PROPERLY MARKED FOR THE WITNESS COR TO THE NW COR OF SAID SEC 9 BEARS W 1745.75 FT TH E ALNG THE NLY LINE OF SAID NE4NW4 497.77 FT +/- TO THE NE COR OF SAID NE4NW4 TH S 00°05'00"W 82.11 FT ALNG THE ELY LINE OF SAID NE4NW4 TH N 53°08'00"W 60.13 FT TH S 46°26'00"W 209.64 FT TH S 15°00'30"W 167.24 FT TH N 64°32'46"W 380.16 FT TO A PT ON THE ELY ROW LINE OS SAID RR TH N 25°14'00"E ALNG THE ELY ROW LINE OF SAID RR 208.57 FT +/- TO A PT ON THE NLY LINE OF SAID NE4NW4 THE POB TOGETHER WITH 2/12 INT IN WHITEWASH SPRINGS Legal Description Improvements School District Watershed Drainage Watershed Subbasin Historic District Caucus Zone District Master Plan Area Boundaries Sq. Feet Services Water District Sewer System Fire District State Senate District 3 Trails Nearby (1/2 Mile) Public Amenities Parks Nearby (1/2 Mile) Tax Information Voting Precinct Board of County Commissioners District(s) 61 Voting Information U.S. House of Representatives District State House District Open Spaces Nearby (1/2 Mile) 5 LINE OF SAID RR WH AN IRON POST WITH A BRASS CAP FOUND IN PLACE & PROPERLY MARKED FOR THE WITNESS COR TO THE NW COR OF SAID SEC 9 BEARS W 1745.75 FT TH E ALNG THE NLY LINE OF SAID NE4NW4 497.77 FT +/- TO THE NE COR OF SAID NE4NW4 TH S 00°05'00"W 82.11 FT ALNG THE ELY LINE OF SAID NE4NW4 TH N 53°08'00"W 60.13 FT TH S 46°26'00"W 209.64 FT TH S 15°00'30"W 167.24 FT TH N 64°32'46"W 380.16 FT TO A PT ON THE ELY ROW LINE OS SAID RR TH N 25°14'00"E ALNG THE ELY ROW LINE OF SAID RR 208.57 FT +/- TO A PT ON THE NLY LINE OF SAID NE4NW4 THE POB TOGETHER WITH 2/12 INT IN WHITEWASH SPRINGS No Sewer ServiceN o S e w e r S e r v i c e No Water Service N o W a t e r S e r v i c e Carbondale & Rural Fire Protection District Roaring Fork School District RE-1R o a r i n g F o r k S c h o o l D i s t r i c t R E - 1 Crystal River Crystal River Valley AR-2 (Residential-2 Acre) Not within a Historic District. Crystal River Big Kline Creek-Crystal River COUNTY TV/FM TRANSLATOR COUNTY HUMAN SERVICES COLORADO RIVER WATER CONS Total COUNTY ROAD & BRIDGE CARBONDALE FIRE PROTECTN PITKIN COUNTY LIBRARY HEALTHY COMMUNITY FUND COLORADO MTN COLLEGE OPEN SPACE & TRAILS PITKIN COUNTY GENERAL FND ROARING FORK SCHOOL DIST 44.038 9.306 3.75 0.751 2.325 1.391 0.173 3.997 0.254 0.271 0.065 $121.02 $326.25 $22.10 $347.74 $23.58 $65.34 $202.27 $809.62 $15.05 $5.65 $3,831.30 AmountAuthorityMill Levy 66.321 $5,769.92 10 5 None within 1/2 mile of this property. Filoha Meadows Filoha Meadows Larson-Grange Loadout Pitkin County GIS presents the information and data on this report as a service to the public. Every effort has been made to ensure that the information and data contained in the report is accurate, but the accuracy may change. http://www.pitkinmapsandmore.com Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. Disclaimer Data is presented in WGS 1984 Web Mercator. Size, shape, measurement and overlay of features may be distorted. In some cases, multiple results could be valid; for example, Zoning. In other cases, a parcel may cross over the boundary of more than one data area, for example, multiple Precincts. More information about Trails, Parks and Open Space can be found www.pitkinoutside.org. Visit the Pitkin County GIS Department at Land Title Guarantee Company Date:May 18, 2017 DEE STACY EVERSON AND MACIEJ. A. MROTEK 34 RIVERSIDE ROAD CARBONDALE, CO 81623 velourlove@gmail.com,maciejfireguy@gmail.com Subject: Attached Title Policy OX62007977.2303511 for TBD DORAIS WAY, REDSTONE, CO 81623 Enclosed please find the Owner's Title Insurance Policy for your purchase of the property listed above. This title policy is the final step in your real estate transaction, and we want to take a moment to remind you of its importance. Please review all information in this document carefully and be sure to safeguard this policy along with your other legal documents. Your owner's policy insures you as long as you own the property and requires no additional premium payments. Please feel free to contact any member of our staff if you have questions or concerns regarding your policy, or you may contact the Final Policy Department at Phone: 303-850-4158 or Email Address: finals@ltgc.com As a Colorado-owned and operated title company for over 45 years, with offices throughout the state, we take pride in serving our customers one transaction at a time. We sincerely appreciate your business and welcome the opportunity to assist you with any future real estate needs. Not only will Land Title be able to provide you with the title services quickly and professionally, but you may also be entitled to a discount on title premiums if you sell or refinance the property described in the enclosed policy. Thank you for giving us the opportunity to work with you on this transaction. We look forward to serving you again in the future. Sincerely, Land Title Guarantee Company OWNER'S POLICY OF TITLE INSURANCE ANY NOTICE OF CLAIM AND ANY OTHER NOTICE OR STATEMENT IN WRITING REQUIRED TO BE GIVEN TO THE COMPANY UNDER THIS POLICY MUST BE GIVEN TO THE COMPANY AT THE ADDRESS SHOWN IN SECTION 18 OF THE CONDITIONS. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (the "Company"), insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1.Title being vested other than as stated in Schedule A. 2.Any defect in or lien or encumbrance on the title; This covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3.Unmarketable Title. 4.No right of access to and from the Land. 5.The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6.An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7.The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8.Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9.Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10.Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions.OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY a Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 612) 371-1111 Issued through the Office of: LAND TITLE GUARANTEE COMPANY 3033 E 1ST AVE #600 DENVER, CO 80206 303-850-4165 John E. Freyer, Jr., President Mark Bilbrey, President Rande Yeager, Secretary Copyright 2006-2015 American Land Title Association. All rights reserved. The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY Adopted 6-17-06 ao.06.policy.pg1.ort.odt EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1.(a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4.4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b) or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured. (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defensed as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenue, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must to so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligation to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in the subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expensed incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons, Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim or loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law; The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum; Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at: 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111. ANTI-FRAUD STATEMENT: Pursuant to CRS 10-1-128(6)(a), it is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. This anti-fraud statement is affixed to and made a part of this policy. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY Adopted 6-17-06 Copyright 2006-2015 American Land Title Association. All rights reserved. ao.06.policy.cover.odt Land Title Guarantee Company Representing Old Republic National Title Insurance Company Schedule A Order Number: Q 62007977 Policy Number: OX62007977.2303511 Amount: $147,500.00 Property Address: TBD DORAIS WAY, REDSTONE, CO 81623 1.Policy Date: April 20, 2017 at 5:00 P.M. 2.Name of Insured: DEE STACY EVERSON AND MACIEJ A. MROTEK 3.The estate or interest in the Land described or referred to in this Schedule and which is covered by this policy is: A FEE SIMPLE 4.Title to the estate or interest covered by this policy at the date is vested in: DEE STACY EVERSON AND MACIEJ A. MROTEK 5.The Land referred to in this Policy is described as follows: A TRACT OF LAND SITUATED IN THE NE1/4NW1/4 OF SECTION 9, TOWNSHIP 10 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN LYING SOUTHERLY OF THE NORTHERLY LINE OF SAID NE1/4NW1/4 AND EASTERLY OF THE EASTERLY RIGHT OF WAY LINE OF THE OLD CRYSTAL RIVER RAILROAD, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 9, SAID POINT BEING ON THE EASTERLY RIGHT OF WAY LINE OF SAID RAILROAD WHENCE AN IRON POST WITH A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED FOR THE WITNESS CORNER TO THE NORTHWEST CORNER OF SAID SECTION 9 BEARS WEST 1745.75 FEET; THENCE EAST ALONG THE NORTHERLY LINE OF SAID NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER 497.77 FEET, MORE OR LESS TO THE NORTHEAST CORNER OF SAID NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER; THENCE SOUTH 00°05'00" WEST 82.11 FEET ALONG THE EASTERLY LINE OF SAID NORTHEAST ONE- QUARTER OF THE NORTHWEST ONE-QUARTER; THENCE NORTH 53°08'00" WEST 60.13 FEET; THENCE SOUTH 46°26'00" WEST 209.64 FEET; THENCE SOUTH 15°00'30" WEST 167.24 FEET; THENCE NORTH 64°32'46" WEST 380.16 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF SAID RAILROAD; THENCE NORTH 25°14'00" EAST ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID RAILROAD 208.57 FEET, MORE OR LESS TO A POINT ON THE NORTHERLY LINE OF SAID NORTHEAST ONE- QUARTER OF THE NORTHWEST ONE-QUARTER, THE POINT OF BEGINNING. COUNTY OF PITKIN, STATE OF COLORADO. This Policy Valid only if Schedule B is attached. Land Title Guarantee Company Representing Old Republic National Title Insurance Company (Schedule B) Policy Number OX62007977.2303511 Order Number 62007977 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1) ANY FACTS, RIGHTS, INTERESTS, OR CLAIMS THEREOF, NOT SHOWN BY THE PUBLIC RECORDS BUT THAT COULD BE ASCERTAINED BY AN INSPECTION OF THE LAND OR THAT MAY BE ASSERTED BY PERSONS IN POSSESSION OF THE LAND. 2) EASEMENTS, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF, NOT SHOWN BY THE PUBLIC RECORDS. 3) ANY ENCROACHMENT, ENCUMBRANCE, VIOLATION, VARIATION, OR ADVERSE CIRCUMSTANCE AFFECTING THE TITLE THAT WOULD BE DISCLOSED BY AN ACCURATE AND COMPLETE LAND SURVEY OF THE LAND AND NOT SHOWN BY THE PUBLIC RECORDS. 4) ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. 5) (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER. 6) 2017 TAXES AND ASSESSMENTS NOT YET DUE OR PAYABLE. 7) RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED MAY 18, 1994 IN BOOK 55 AT PAGE 46. 8) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF 50 FOOT RIGHT OF WAY AS GRANTED TO THE CRYSTAL RIVER RAILWAY COMPANY IN DEED RECORDED MAY 2, 1893 IN BOOK 139 AT PAGE 223. 9) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF DEED TO THE COLORADO DEPARTMENT OF HIGHWAYS RECORDED SEPTEMBER 9, 1960 IN BOOK 191 AT PAGE 517. 10) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESTRICTIONS AS SET FORTH IN WARRANTY DEED RECORDED FEBRUARY 11, 1970 IN BOOK 246 AT PAGE 784. 11) MATTERS DISCLOSED ON THE BOUNDARY SURVEY ISSUED BY WILMORE & COMPANY CERTIFIED JANUARY 10, 2017, JOB NO. INCLUDING, BUT NOT LIMITED TO THE EFFECT OF THE NEIGHBOR'S DRIVEWAY ENCROACHING ONTO THE SOUTHEAST CORNER OF THE SUBJECT PROPERTY, THE OVERHEAD ELECTRIC CROSSING THE SUBJECT PROPERTY AND THE DITCH TRAVERSING THROUGH THE SUBJECT PROPERTY. SAID DOCUMENT STORED AS OUR ESI 31564333. ITEM NOS. 1 THROUGH 4 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED. 3/20/2019 Pitkin County Mail - Fwd: Pitkin County Dorais Way Application https://mail.google.com/mail/u/0?ik=661115d810&view=pt&search=all&permthid=thread-f%3A1628474788273511722%7Cmsg-f%3A16284747882735…1/2 Bonnie Shiles <bonnie.shiles@pitkincounty.com> Fwd: Pitkin County Dorais Way Application 1 message Leslie Lamont <leslie.lamont@pitkincounty.com>Tue, Mar 19, 2019 at 4:29 PM To: Bonnie Shiles <bonnie.shiles@pitkincounty.com> this email and the attachments are to be added to Dorais Way Application that was submitted by Maciej. I've made hard copies for the hard file. I can now find this complete so do want to add this to the electronic file? Have you set that up yet? Leslie ---------- Forwarded message --------- From: Maciej Mrotek <maciejfireguy@gmail.com> Date: Sun, Mar 17, 2019 at 10:54 AM Subject: Re: Pitkin County Dorais Way Application To: Leslie Lamont <leslie.lamont@pitkincounty.com> Leslie As I mentioned on the phone, we are waiting to design the septic system on till we can get accesses on to the property to do a perc test so we can get a finished design. The sheds are to be under 200 square feet each and are for storage only. Also I have included a chain of title that also has the proof of access to the property. I have included a color slop analyzes as well. I will be stopping by this week with hard copy’s of everything new. Lastly after I submitted the activity envelope I summited for an address which is 1034 Dorais Way and have included the notification here. Thank You Maciej Mrotek (941) 807-5208 "Where the Power of Fire meets the Hand of Man" Danceofthesacredfire.com On Mar 12, 2019, at 3:28 PM, Leslie Lamont <leslie.lamont@pitkincounty.com> wrote: Good afternoon Maciej. I have reviewed your application and before we can find it complete we need the following information: 1. Please provide the square footage of the sheds and an explanation of the sheds i.e. tuff shed vs home gym... 2. please label the % of slopes. IA slope analysis was done but please put the analysis into the categories that the Code considers: i.e. 0-30%; 30-45% and 45% or greater, on the site plan. 3. We need the legal proof of how and when the lot was created and proof of access - the lang. in the pre- app summary provided several ways to accomplish this. 4. Your site plan refers to an OWTS location and "see final design by All Septic Service" but I didn't find the design. I will refer your application to the Environmental Health staff so we need that in the application. Please submit all of this electronically and hard copy and we can get this going for you. Thank you, Leslie -- Leslie Lamont, Senior Planner Pitkin County 3/20/2019 Pitkin County Mail - Fwd: Pitkin County Dorais Way Application https://mail.google.com/mail/u/0?ik=661115d810&view=pt&search=all&permthid=thread-f%3A1628474788273511722%7Cmsg-f%3A16284747882735…2/2 970-920-5482 leslie.lamont@pitkincounty.com -- Leslie Lamont, Senior Planner Pitkin County 970-920-5482 leslie.lamont@pitkincounty.com 3 attachments Chain of Title-Mrotek.pdf 635K 2019 - 3, notification.pdf 851K J18290CONT5FINAL SE VER_2019-03-15.pdf 520K ADDRESS NOTIFICATION Date: 3/11/2019 Effective Date: 3/11/2019 New Assigned Address: 1035 Dorais Way Carbondale, CO 81623 Former Address: Reason for Assignment: New Single Family Residence Parcel ID: 272909200003 Property Owner Name: Dee Stacy Everson & Maciej A Mrotek Note: Address is being assigned for a new Single Family Residence on the above parcel. Please contact for any questions or Further Clarification. Thank You, Alex Durant Public Safety GIS Analyst, Pitkin County Government | BITS Phone: 970.429.6113 (O) Email: alex.durant@pitkincounty.com Address:530 E Main St #203, Aspen, CO 81611 1035 CROWLEYCTTROUTRUNDRIR W IN DRHWY133M T N L IO N D RDORAISWAY 800 103 34 15505 110 134 138 15360 15470 15358 15324 15230 15188 15237 15184 1571 111 100 75 551000 75 900 ´Le ge nd Addresses Driveway Parcel Boundary Road Centerline 1:4 ,50 0 Address Assignment Date : 3/11/2019 New Add re ss Assigned: 1035 Dorais Way Carbond ale, CO 8 1623 Single Family Reside nce H:\Old Republic-9274\Mrotek-049\docs\Chain of Title- Mrotek.docx October 16, 2018 3:17 PM CHRONOLOGY – CHAIN OF TITLE A TRACT OF LAND SITUATED IN THE NE1/4NW1/4 OF SECTION 9, TOWNSHIP 10 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN LYING SOUTHERLY OF THE NORTHERLY LINE OF SAID NE1/4NW1/4 AND EASTERLY OF THE EASTERLY RIGHT OF WAY LINE OF THE OLD CRYSTAL RIVER RAILROAD, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 9, SAID POINT BEING ON THE EASTERLY RIGHT OF WAY LINE OF SAID RAILROAD WHENCE AN IRON POST WITH A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED FOR THE WITNESS CORNER TO THE NORTHWEST CORNER OF SAID SECTION 9 BEARS WEST 1745.75 FEET; THENCE EAST ALONG THE NORTHERLY LINE OF SAID NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER 497.77 FEET, MORE OR LESS TO THE NORTHEAST CORNER OF SAID NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE- QUARTER; THENCE SOUTH 00°05'00" WEST 82.11 FEET ALONG THE EASTERLY LINE OF SAID NORTHEAST ONEQUARTER OF THE NORTHWEST ONE-QUARTER; THENCE NORTH 53°08'00" WEST 60.13 FEET; THENCE SOUTH 46°26'00" WEST 209.64 FEET; THENCE SOUTH 15°00'30" WEST 167.24 FEET; THENCE NORTH 64°32'46" WEST 380.16 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF SAID RAILROAD; THENCE NORTH 25°14'00" EAST ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID RAILROAD 208.57 FEET, MORE OR LESS TO A POINT ON THE NORTHERLY LINE OF SAID NORTHEAST ONEQUARTER OF THE NORTHWEST ONE-QUARTER, THE POINT OF BEGINNING. COUNTY OF PITKIN, STATE OF COLORADO. Address: Vacant Land, Dorais Way, Redstone, Colorado 81623 Rec. Date or Effective Date Book/Page Reception No. Doc. Party/Description 05-18-1894 54624 PAT Patent dated June 13, 1893 from the US to Monroe E. Gift. Conveys the SE¼SW¼ of Section 4, the NE¼NW¼ and the W½ of the NW¼ of Section 9, Township 10 South, Range 88 West of the 6th P.M., Pitkin County, CO (160 acres). H:\Old Republic-9274\Mrotek-049\docs\Chain of Title- Mrotek.docx October 16, 2018 3:17 PM) 2 03-10-1897 B-139 P-233 DEED Deed of Right of Way dated May 2, 1893 from Monroe E. Gift to the Crystal River Railway Company. Consideration $550.00 NOTE: Conveys a 100 foot strip of land for the construction, operation and maintenance of a railroad in the SE¼SW¼ of Section 4, the N½NW¼ and the SW¼NW¼ of Section 9-10-88 (the “100 Foot Strip”). 12-11-1929 B-161 P-12 DEED Treasurer’s Deed dated December 10, 1929 to David Fontaine. Conveys the SE¼SW¼ of Section 4, the NE¼NW¼ and the W½ of the NW¼ of Section 9, Township 10 South, Range 88 West of the 6th P.M., Pitkin County, CO (160 acres). 05-02-1931 B-157 P-323 QCD Quitclaim Deed dated February 25, 1931 from David Fontaine to Sue C. Newcomb. Conveys the SE¼SW¼ of Section 4, the NE¼NW¼ and the W½ of the NW¼ of Section 9, Township 10 South, Range 88 West of the 6th P.M., Pitkin County, CO (160 acres). 07-05-1945 B-170 P-170 QCD Quitclaim Deed dated June 6, 1945 from the Crystal River Railroad Company to Rich R. Thomson. Conveys the 100 Foot Strip. 06-03-1950 B-176 P-62 WD Warranty Deed dated May 5, 1950 from Sue C. Newcomb to Jessie J. Mckinney. Conveys the SE¼SW¼ of Section 4, the NE¼NW¼ and the W½ of the NW¼ of Section 9, Township 10 South, Range 88 West of the 6th P.M., Pitkin County, CO (160 acres). 06-29-50 B-177 P-63 QCD Quitclaim Deed dated June 21, 1950 from Rich R. Thomson to Pearl E. Thomson. Conveys the 100 Foot Strip. 01-19-1956 B-161 P-472 QCD Quitclaim Deed dated November 23, 1955 from Pearl E. Thomson to the Mid-Continent Coal and Coke Company. Conveys the 100 Foot Strip. H:\Old Republic-9274\Mrotek-049\docs\Chain of Title- Mrotek.docx October 16, 2018 3:17 PM) 3 06-23-1958 B-184 P-154 QCD Quitclaim Deed dated June 19, 1958 from Albert W. Newcomb and Sue C. Newcomb to Jessie J. McKinney. Conveys the SE¼SW¼ of Section 4, the NE¼NW¼ and the W½ of the NW¼ of Section 9, Township 10 South, Range 88 West of the 6th P.M., Pitkin County, CO (160 acres). 09-09-1960 B-191 P-517 SpWD Special Warranty Deed dated August 25, 1960 from Jessie J. McKinney to the Department of Highways, State of Colorado. NOTE: Conveys three parcels within and adjacent to right of way for present road. 02-11-1970 B-246 P-784 WD Warranty Deed dated January 2, 1970 from Jessie J. McKinney to Richard K. Getter and Sandra Getter. Consideration: $10.00 ($0.49 Doc Fee). Conveys the subject property together with “any and all easements and rights of way of a public and private nature…” NOTE: Conveys the insured property, “…together with the right of ingress and egress from Colorado State Highway No. 133 along the old Crystal River Railroad right of way.” NOTE: Restrictive covenants 1 through 8 are attached to this Deed as Exhibit A. There is a 30- day notice requirement for any violations. If the violations are not corrected, title to the property reverts back to the grantors, his heirs, successors administrators and assigns. H:\Old Republic-9274\Mrotek-049\docs\Chain of Title- Mrotek.docx October 16, 2018 3:17 PM) 4 09-14-1979 B-375 P-827 AFF Affidavit dated August 24, 1977 signed by Jessie J. Mckinney. Among other things, the Affidavit states: -McKinney acquired a 160 acre parcel along the Crystal River in 1950. -For many years, the Crystal River and the San Juan Railroad crossed the property. -The railroad was abandoned and was not active through his property since 1943. -after acquiring the property, McKinney split it up into numerous tracts, and the Crystal River and the San Juan Railroad grade was used for access to several of the tracts. -The railroad grade travels southerly from his property adjacent to the Crystal River to a bridge across the Crystal River on the north end of the townsite of Redstone. This railroad grade has been used for access to the tracts sold by McKinney. -No one has ever attempted to interfere with McKinney’s use of the railroad grade for access. NOTE: There appears to be a typo in the legal description. It describes McKinney’s property as the SE¼SW¼ of Section 4, the NW¼NW¼, the NE¼NW¼ and the SW¼NW¼ of Section 19. It should have described Section 9. NOTE: If McKinney never owned property in Section 19, this should not be a problem. 11-20-1978 B-358 P-358 WD Warranty Deed dated September 3, 1978 from Richard K. Getter and Sandra Getter to Jeanne Priore. Consideration: $10.00 ($1.40 Doc Fee). Conveys the Property together with “any and all easements and rights of way of a public and private nature…” subject to the same Restrictive Covenants but Exhibit A was not attached. 04-26-1982 B-425 P-610 WD Warranty Deed dated April 12, 1982 from Jeanne Priore to Mark Seevers and Suzanne Seevers. Consideration: $10.00 ($2.65 Doc Fee). H:\Old Republic-9274\Mrotek-049\docs\Chain of Title- Mrotek.docx October 16, 2018 3:17 PM) 5 02-03-1983 B-14 P-33 PLAT Plat of Wild Rose Ranch is recorded re: Property in the SE¼SW¼ of Section 4 and the NW¼ of Section 9- 10-88, containing 29.12 acres. NOTE: Although the insured property is not included in the plat, the Crystal River ROW adjacent to the insured property is shown on the plat. The plat dedicates “…to the public all rights- of-way and easements shown hereon for public use.” 04-20-2017 637719 WD Warranty Deed dated April 17, 2017 from Mark Seevers and Suzanne Seevers to Dee Stacey Everson and Maciej A. Mrotek. Consideration: $147,500.00. NOTE: Insured by Old Republic. 706570707075708070857090709571007105 7110711571207125706070557050Slopes Table Number 1 2 3 Minimum Slope 0.00% 30.00% 45.00% Maximum Slope 30.00% 45.00% Vertical Area 62550.55 13734.50 8548.64 Color PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on April 2, 2020, the Pitkin County Community Development Director granted approval for the Mrotek/Everson Activity Envelope and Site Plan Review (Case P020-19; Decision #020-2020). The property is located at 1035 Dorais Way and is legally described as a tract of land situated in the NE ¼ NW ¼ of Section 9, Township 10 South, Range 88 West of the 6th P.M. The State Parcel Identification Number for the property is 2729-092-00-003. This site-specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. S/Cindy Houben Community Development Director Pitkin County, Colorado Published in the Aspen Times Weekly, on APRIL 16, 2020. PUBLIC NOTICE RE: Everson Activity Envelope and Site Plan Review (Case P020-19) NOTICE IS HEREBY GIVEN that an application has been submitted by Stacey Dee Everson (204 Riverside Road, Carbondale, CO 81623) requesting approval to establish an activity envelope and obtain Site Plan Review approval for a single-family residence. The property is located at 1035 Dorais Way and is legally described as a tract of land situated in the NE ¼ NW ¼ of Section 9, Township 10 South, Range 88 West of the 6th P.M. The State Parcel Identification Number for the property is 2729-092-00-003. The application is available for public inspection in the Pitkin County Community Development Department, 530 East Main Street, Suite #205, Aspen, CO 81611. Comments or objections are due by May 13, 2019. For further information, contact Leslie Lamont at (970) 920-5482. Published in the Aspen Times Weekly on April 11, 2019. Attention All Property Owners within 300’ of the subject property A property owner receiving this public notice who wishes to submit comments or an objection shall submit those to the Pitkin County Community Development, 530 East Main Street, Suite #205, Aspen, Colorado 81611, by May 13, 2019. If any objections to the development application are received the Community Development Department shall continue the application to a public hearing before the Hearing Officer. http://pitkincounty.com/DocumentCenter/View/18793 MISCELLANEOUS DOCUMENTS PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 530 East Main Street, Suite #205 Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 April 3, 2019 Maciej Mrotek 204 Riverside Road Carbondale, CO 81623 maciefireguy@gmail.com Re: Everson Activity Envelope and Site Plan Review (PID #2729-092-00-003; Case # P020-19) Dear Mrotek: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. 1. Please note that it is your responsibility to mail notice by U.S. Mail to all property owners within 300’ of the subject property with the return address of the Community Development Department (copy of notice will be emailed to you by the Community Development Department) by April 11, 2019. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the mailing. Please submit the enclosed Affidavit of Notice by Mailing and a photograph of the posted sign as proof of compliance with the Code. A property owner receiving the public notice who wishes to submit comments or objections to the Community Development Department may do so by the 13th day of May, 2019. If any objections to the development application are received by this date, the Community Development Department shall continue the application to a public hearing before the Board of County Commissioners. 2. Please note that it is you responsibility to post a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 26th day of April, 2019, which is at least fifteen (15) days prior to May 11, 2019. This must be submitted prior to any approvals being granted. If you have questions, please call Leslie Lamont, the planner assigned to your case, at 920-5482 Encl: Affidavit Code Section 2-20-100 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 530 East Main Street, Suite #205 Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: Zoning Officer County Attorney Environmental Health Carbondale Fire Department Planning Engineer Colorado Parks and Wildlife Crystal River Caucus FROM: Leslie Lamont, Community Development Department Leslie.lamont@pitkincounty.com Re: Everson Activity Envelope and Site Plan Review (PID 22729-092-00-003; Case P020-19) DATE: March 28, 2019 Attached for your review and comments are materials for an application submitted by Stacey Everson. The Pitkin County Community Development Director will review the application. Please return your comments to me by Friday, May 3, 2019. http://pitkincounty.com/DocumentCenter/View/18793 Permit Receipt Date:Name: Project Address: 2/27/2019 Permit Number Fee Description Amount checkType:# 435 RECEIPT NUMBER 00045589 0 DORAIS WAY Maciej A Mrotek PITKIN COUNTY COMMUNITY DEVELOPMENT 0020.2019.PLAN PP- Flat Fee 3,900.00 0020.2019.PLAN PP- Public Notice Fee 54.00 0020.2019.PLAN PP- Planning Eng Referral Fee 624.00 0020.2019.PLAN PP- EH&NR Referral Fee 542.00 5,120.00Total: - -1 ----- - - ------ ---- -- I I I � I I , � I � I I I I . 11 I I �' , - I . I . I I I I - - ' I I ... I I I I , 11 I I -- -10 0 i p 0 "", i - I I I "I I I 11 I I - I 11 11 I I I I � I I I- - I - 11 I 11 I I 11 I 11 I I - I - I I I I ''I I I I - -- --- -1 - I - I - I I I I I I I I I I I I I I I I I I , I I - I I I 11 I - � - I -1 11 ,,, 1, - I I I I I I I I I I - - � I - I I . I I I I I � IE . + .. I ' � � I I . 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