HomeMy WebLinkAboutpitkin.bldg.273525200016LAYOUT
Certificate of Occupancy or Letter of Completion
(most recent project)
Permits
Final Inspections
Any Supporting Documents
Site Plans
(no architectural plans)
If there are previous projects they will follow in the same order.
.~"°~
JUI,"b. 2C~~Ot1T1.49AM~ P1TKlN GUUNTY~
NT~~ ~ =p .
..! ~
..w J
ROAD ACCESSlDR.IVTWA
Permit Fea: Sl'70.(fU Receipt #_
Rend insttttctions art the reverse aide before completion.
TFII5 P$'RMIT 1~1U5T BE KEPT ON SITE ,~'T ALL. T~~,
,,.,., J p
COeap~y'S / ~of.+~Oit.4d1S
r \ i /lJ (yt , Ctlc tier
~ ~,,pp~I s~'1'ION
Pettait # ~ ~o7U~,p ~ Y'G\
Pltane 4 ZCi - 4 z g - 032,5
D
Property
Owner's Address CSa.,,e as a.
~. u.
~~~
~~
Legal description of property to be accessed M S ~ l b v S nI e ,,, ~o r k c i ~ ~ ~.~.,, )
Located oa the Ito r k is side of County Road # f S A , also known as M ; ~ r, i ~ ~ ~ yy)
_, Road {provide a detstIed showin -~" ~V4Q-
~thelocarion).
Address of property to be accessed__
(Firkin County staff will determine the addtt
ParcellD number of property to be aecesaed
(Gail the Firkin County Assessor's Ofi~/ce at
Length of percinit n cfr. ; r ; ~e - Go,n.~.; v, i
.provide the following information:
Construction W begin on (date) S A f
7s there an existing access? yes . -r"ti :~ s
Do other madsleaserttenrs abut the properry?
Agricultural access -- number of acres. N /~
Rasidetrtial access -- ty~lniirnber dwe$iIIg uu
IO'f-'l _. 3 PProVal cr.r n,:. L.o ,d
3t:18t 8CCe3a
Applicant Signature;
- ~- -- --,..~..~...,_ .... n
IncIudad with this
application shall be the foiIawing:
[$' Driveway ~ x'h P f ~ ce . ~ 1]~{~ P~ With County Road shows Sri p f a ce
L9' Compliance with land use. approvals' ^pJ~oetd of Adjustment approval (if applieetile)
Q' Specific site or vicinity rasp ^ Aceesa F.nacnaeat
^n~pVritten proof of a liteffse or agreeta~ent to cross RIBA A~ments Ctf applicable)
l~l~Y {if app~ic8ble)
~.,~,
Staff
~, , .
Apptnved•
,,~ _
pitkin ty blic W~ Dare: _
~' ace fO~t ~P~t~-tl~r;a,~ fis-~-(;~~~e.~, .,.+er,
July 6, 2000
Community Development Office and
Pitkin County Public Works:
Please note that the road to the New York claim already exists. This is a
request to widen the road to the minimum Pitkin County and US Forest
Service standards. (We want to leave the road as narrow and as primitive as
the laws will allow.) No changes in Bade will be made, and no realign-
ments will occur.
Please call. me at 928-0825. if you have questions. We would greatly'
appreciate early approvals so that the relatively minor improvement work
can begin soon. The road is in use and Brian Pettet of the Roadand Bridge
Dept. has traveled it with me,
Thank you.
-_-! ~ _ _
~~tirling ooper,
~ :.. A
RESOLUTION OF THE BOARD OF COUNTY COMNIISSIONERS OF PITHIri
COUNTY, COLORADO, GRANTING APPROVAT. OF"T~ COOPE72 `1041
HAZARD REVIEW AND CONCEPTUAL, SUB:VII`3S`I'ON~ ~` '' '.
Resolution No. 97-~
1. Sterling Cooper, Jr., hereinafter, "Applicant", has applied to the Boazd of County
Commissioners of Pitkin County, Colorado, hereinafter, "Board", for approval of a 1041
Hazard Review pursuant to the Pitkin County Land Use Code.
2. The subject property is located northwest of the Midnight Mine Road and is more
specifically described as the New York LodeMS #1608.
3. The Planning and Zoning Commission reviewed this application on August 19, 1997.
4. The Board heard this application at a regulazly scheduled meeting. on November 5,
1997; at which time evidence and testimony were presented with respect to this
application.
5. The Boazd determined that the proposed activity meets the applicable criteria
established in the Land Use Code, provided the conditions listed in'this resolution aze
adhered to.
NOW, THEREFORE, BE IT RESOLGED by the Board of County Commissioners '
of Pitkin County, Colorado, that it does hereby grant approval of the Cooper 1041 Hazard
Review subject to the following conditions:
1. The applicant shall adhere to all material .representations made in the application and
in public meetings.
2. Prior to building permit application, the. applicant shall record a 24"x36" mylar 1041
Hazard Review Site Plan which meets the approval of the Community Development
Department and the County Attorney. The siteplan shall include the following 1041
Hazard Review Warning and Disclaimer; "The provisions of these regulations do not
in any way assure or imply that azeas outside of designated hazard areas will be free
from hazards, or that approved mitigation measures will guarantee the safety of any.
property."
The site plan shall also be submitted in a digital format for integration into the County
GIS system.
i uiiii i~iii'iiiri lull r~irii iiiii iiiii iii iiiii iiri iia
411349 12/06/1997 10:67A RESOLUTI DAMS SILYI
1 of 6 R 0:00 D 0.00 N 0.00 PITKIN COUNTY CO
<. s
ResolutionNo. 97-~v~
Page 2
3. The applicant shall obtain an access permit from the County Engineer prior to
commencement of any construction of the driveway and access road and prior to any
building permit application.. The access road design shall be approved by the County
Engineer and .shall be the. minimum improvement that will assure adequate, safe
access for a single family home. No change can be made in the existing access way or
any subsequently approved access without review and. approval of the County
Engineer. Prior to building permit application the applicant shall obtain proper road
authorization from the Forest Service and an access easement from t e m-` e e ng
private property owner....
4. Building foundations shall be reviewed and cerfif ed by a Colorado registered
professional engineer. Foundation plans shall be submitted at the time of building
permit application.
5. The home should be designed to prevent the accumulation of radon gas.
6. The applicant shall submit a drainage and erosion control plan which meets the
approval of the County Engineer, prior to the submittal for a building permit. In
addition to addressing permanent drainage and erosion control measures, the plan
shall include temporary erosion control measures forconstruction.
7. The building site and all other ,site and driveway disturbance areas shall be
revegetated with native vegetation to limit water consumption and additional runoff
within one growing season of project completion. 911 drainage from roofs and paved
areas shall be detained on site.
8. No development, including grading or landscaping or vegetation removal shall occur
outside of the approved building envelope except as may be necessary to implement
the wildfire mitigation measures and the extension of the access driveway. This
includes landscaping, well, and septic systems.
9. Prior to issuance of a building permit, the applicant shall provide documentation of an
adequate domestic water supply. Quantity and quality of said supply shall meet the
approval of the Environmental Health Department. Any wells must meet
environmental setback.requirements and be within the approved building envelope.
10. The septic system for the development shall meet the approval of the Environmental +
Health Department. The applicant shall obtain such approval prior to the issuance of
a building permit. The sewage disposal system must meet atl environmental setback
requirements.
111111111111111111 Ilill 111111 Illll (IIII III IIIII IIII IIII
411349 32/05/19J'7 10:87p RESOLUTI DRVIS SILVI
2 of 6 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
Resolution No. 97 ~ylJ7
Page 3 T
11. Outside illumination shall oomply with Countylighting standards in effect at the time
of building permit issuance. There shall. be no facade or landscaping lighting.
12. The. applicant shall obtain afireplace/wood stove permit with Environmental Health
Department prior to the issuance. of a building permit.
13. The applicant. shall implement the following measures to mitigate impacts to wildlife:
a. Maintain native vegetation outside of building envelope.
b. All garbage shall be contained in wildlife proof garbage containers.
c. Any fencing shall be 42" high or less, 4 strand or less with a 12" kckspace
between the top two strands. Any rail fencing shall be the round pr solid rail type,
42", 3 rail or less with at least 18" between two of the rails.
d. There shall be no dogs allowed on the_site at any time.
14. The applicant shall comply with the following wildfire mitigation measures:
a. The area around the structure shall incorporate landscaping with wildfire
defensible space considerations as follows:
(NOTE:. Actual. vegetation manipulation to meet these conditions may not be
necessary where the natural vegetation patterns have already fulfilled these
conditions.)
1) All brush located downhill from the structures shall be thinned and clumped for
a distance of 80 feet. Up slope and to the sides the thinning shall be for 50 feet..
Brush, debris, and non-ornamental vegetation shall be removed within a minimum 10
foot perimeter.. azound the remaining sides of structures. In this 10 foot perimeter
vegetation shall be maintained at 6 inches or less.
2) Spacing between clumps of brush and vegetation within the defensible space
perimeters shall be a minimum of two times the height of the fuel. Maximum
diameter of the clumps shall be two times the height of the fuel. All measurements
shall be from the edges of the crowns of the fuel.
3) All. branches from trees and brush within the defensible space perimeters shall,
be pruned to a height of 10 feet above the ground and removal of ladder fuels from
around trees and brush. Shrubs less than 10 feet in height should have lower limbs
removed up to half the total height.
4) Tree crown separation within the defensible space perimetens shall have a
minimum of 10 feet between the edges. of the crowns.
411349 12/05/199 30:678 RESDLOTI DfiVIS SILVI
3 of 6 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
f
Resolution No. 97
Page 4
5) All branches which extend over the roof eaves shall be trimmed and all_
branches within 15 feet of the,chimneys shall be removed.
6) All deadfall within a 100 footpetimeter of alI structures shall be removed.
7) The .applicant shall be responsible for the continued maintenance of the
defensible. space vegetation requirements.
b. Structural Design and ConstructionRequrements:
1) Roof construction shall be metal or class a, noncombustible material. with no
flat roofs.
2) Vents shall be screened. with corrosive resistant wire.. mesh with mesh 1/4 inch
maximum. -
c. The following maintenance measures shall be adhered to:
1) Roofs. and gutters shall be kept clear of debris.
2) Yazds shall. be kept clear of all litter, slash, and flammable debris.
3) All flammable. materials.. or firewood/wood piles shall be stored on a parallel
contour a minimum of I S feet away from any structures
4) Weeds and grasses within the 10 foot perimeter shall be maintained to a height
of not more than 6 inches.
d. The following miscellaneous measures shall be adhered to:
1) Swimming pools shall be accessible to fire department vehicles.
2) Fences shall be kept clear of brush and debris.
3) Wood fences shall not connect to the_structures.
4) Any outbuildings or additional structures shall adhere to the same standards as
structures..
~.
5) Fuel tanks shall be installed underground with an approved container..
6) Propane tanks. shall be installed.. according to NFPA standazds and on a contour
away from the structure with. standard defensible space vegetation mitigation azound
any above-ground tank.. Any wood enclosure azound the tank shall be constructed
with materials approved for two hour fire-resistive construction on the exterior side of
the walls.
7) Each structure shall have a minimum of one 10 pound ABC fire extinguisher
which shall be placed in each structure in a visible and accessible location.
8) Address shall be .clearly marked with 2 inch non-combustible letters and shall
be visible and installed on anon-combustible post.
9) The driveway shall meet standads as determined by the County Engineer.
There shall be approved "pullouts" in the driveway to accommodate two-way traffic.
10) The applicant shall install in the house a residential sprinkler system with
segregated electric service prior to certi$cate ofoccupancy.
I I"~II "III "I'~1 II'II'I"II II'II'~"I I~I "~II'~'I ~"~
411349 12/03/1997 10:S7q RESOLUTI DpVIS SILVI
4 of 6 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO -
Resolution No. 97~~
Page 5
~ 11) The project shall meet•all the codes and requirements of the Aspen Fire
Protection District.
15. All new utility service lines extensions shall be buried within existing roads and
driveway.
16. No reflective glass or roof materials will be allowed: Exterior building materials and
colors should blend with the natural environment.
- 17. In the case of development on any slopes greater than 15%, design and development
shall be based. on a detailed site analysis, :including geologic ahd engineering studies
to identify the best development area based on the following considerations:
a. Adequate mechanical support shall be provided for cut slopes.
b. Adding water which may decrease slope stability shall be avoided.
c. Adding weight to the top of the slope shall be avoided.
d. disturbed slopes must be contoured so they can be revegetated.
e. Steepening of existing slopes shall be avoided.
f. Confine cuts, fills, grading, and excavation to the minimum area needed for
construction.
18. The applicant shall submit a construction traffic and management plan to the County
Engineer for review and approval prior to application for building permit.
19. Due to the proximity of this parcel to Rural and Remote coned azeas the maximum
allowable square footage for this approval shall be 5,000 square feet of floor area as
measured by the Pitkin County Land Use Code.
NOTICE OF PLBLIC BEARING PUBLISI3ED IN THE ASPEN TIMES
WEEKLY ON THE 4th DAY OF OCTOBER, 1997.
APPROVED AND ADOPTED ON THE 5TH DAY OF NOVENIBER1997.
ATTEST: BOARD OF COUNTY ISSIONERS
,~ OF PITKIN COUNT , CO ORADO -
.:'~ t;,~~ ~/(,lam By:
Jeagette Jones ! Bill Tuit ~, ~ airm
Deputy Clerk an/d Recorder ~ ~~J~ ~ /j
DATE: '`'I
Bof 6R0.00D0:00N
Resolution No. 97-~
Page 6
APPROVED AS TO FORM RECOMlVIENDED FOR ADOPTION
~ii. /~~~', ~~~~', ,~ i0. ,~. X17
~ohn Ely , ~ r ~ ~ ~ Cindy Iiouben
.County Attorney _ Community Development Director
P9-97
2735-252-00-016
lanceclcases\coopaes.doc
i
I I"II~ "III "I"I I"II'I"~~ II'~I'I'~I III "~I''I~I III'
41134912/06/1997 10:67p RESOLUTI DpViS SILVI
B of 6 R 0.00 D 0.00 N 0. b0'pITKIN COUNTY CO
Authorization ID ASP64
Contact ID Coouer Stirlintr M Sr
Expiration Date: OX
FS-2700-9i(S/99)
OMB No. OS9C-0082
U. S. DEPARTMIJNT OF AGRICULTURE
Forest Service
PRIVATE ROAD EASEMENT
Act of October 21, 1976 (P. L. 94-579);
36 CFR 251.50, et seq.
THIS EASEMENT, dated this ~ '~
America, acting y ~ g ~ day of ~Y ru'~ `~ , ?000 from the United States of
b and throu h the Forest Service, Department of Agriculture, hereinafter called
Grantor, to Stirling M. Coo er, Sr. a Person of the State of Colorado The Estate of Stirlintr M. Coo ei
7r.. an Estate of Inheritance in the State of Colorado, Theodore S. Coo er. a Person of the State of
Illinois, John L. BoslouQh a Person of the State of Virginia, and James Boslough, a Person of the State
of Montana, hereinafter called Grantees.
WITNESSETH:
WHEREAS, Grantees have applied for a grant of an easement under The Act of October 2 I , 1976 (90
Stat. 2743; 43 U.S.C. 1761), for a road over certain lands or assignable easements owned by the United
States in the County of Pitkin, State of Colorado, and administered by the Forest Service, Department of
Agriculture.
NOW THEREFORE, Grantor, for and in consideration of the payment of an annual use fee paid by the
Grantees does hereby grant to the Grantees, subject to existing easements and valid rights, a
nonexclusive easement for use of a road, a]ong and across a strip of land, over and across the following
described lands in the County of Pitkin, State of Colorado
The location of said easement is shown approximately on exhibit A attached hereto.
Said easement shall be 15 feeton each side of the center line with such additional width as required for
accommodation and protection of cuts and fills. If the road is located substantially as described herein,
the centerline of said road as constructed is hereby deemed accepted by Grantor and the.Grantees as Che
u'ue centerline of the easement granted.
This gram is made subject to the following terms, provisions, and conditions applicable to Gruitees,
theirpermittees, contractors, assignees, and successors in interest
A. Grantees shall comply with applicable Federal or State Iaw and shatll comply with Sale standards
for public health and safety, environmental protection, and siting, construction, operation. anc{
~"'a
Cooper et al. Private Road Easement.
IN WITNESS WHEREOF, the Grantor, by its Forest Supewisor, Forest Service, has executed this
easement pursuant to the delegation of authority by the Secretary of Agriculture to the Assistant
Secretary for Natural Resources and Conservation, the delegation of authority by the Assistant Secretary
for Natural Resources and Conservation, to the Chief, Forest Service, 7 CFR 2.60, the delegation of
authority by the Chief, Forest Service, dated August ] 6, 1982, ('47 FR 36465) to each Regional Forester,
and the delegation of authority by the Rocky Mountain Region Regional Forester, to the Forest
Supervisor, White River National Forest, docmnented in the Letter of Delegated Authority dated May
24, 1994, on the day and year first above written.
UNITED STATES OF AMERICA
MARTHA J. KETELLE
Forest Supervisor
White River National Forest
Forest Service
Department of Agriculture
CERTIFICATE OF ACKNOWLEDGMENT
STATE OF COLORADO )
SS.
COUNTY OF GARFIELD)
The foregoing instrument was acknowledged before me this ~ day of '~'uN~e
by Martha J. Ketelle, Forest Supervisor, White River National Forest.
Witness my hand and official seal.
2~~ ~~--
N ary Public
My Commission Expires -~~, 200.
~~
200D.
~.""''
CONSTRUCTION STIPULATION
This Stipulation, made this ~ day of _ i~1 i~Y , 2000, by and between Stirline M. Coo er. Sr.
a Person of the State of Colorado. The Estate of Stirlin M. Coo er. Jr., an fistate of Inheritance in the
State of Colorado, Theodore S. Cooper a Person of the State of Illinois, John L- Bosloueh, a Person of
the State of Vireinia, and James Bosloueh, a Person of the State of Montana, hereinafter referred to as
the Holders, and USDA Forest Service, acting by and through its authorized representative, hereinafter
referred to as the Forest Service.
Whereas, the Holders has been issued aspecial-use authorization dated 5- 3i-c'<,
occupancy of National Forest land for the use and maintenance of a road, and such authorzatton and
requires that all construction conform with approved plans, specifications, and stipulations.
Now, therefore, the Holders agrees to the following terms and conditions, and the Forest Service
hereby authorizes the construction to proceed in accordance with these terms and conditions.
1. Construction/reconstruction of the road shall be in accordance with the plans and specifications
set forth in exhibit A ,attached hereto and made a part hereof.
2. The Forest Service may suspend all or any part of the construction/reconstruction activities
upon breach of the conditions herein.
=.a.. ,vo uie notaers wntten
nonce of the rounds for such action and reasonable time to cure an noncom Hance. However
the Forest Service ma re wire immediate rem or sus ensign of all or an art of the activitie
when the Forest Service determines it is necessa to rotect the ublic health. safer , or the
environmeht. If re uested b the Holders. the su erior to the officer ordering the sus ensign,
revocation. or tetminatinn shall arranna .,a,w:...__ ~____ _ ~ ., ..
suspension as soon after the review as possible
3. The Holders shall cut only timber as necessary in clearing for road construction, reconstruction.
and maintenance. Timber so cut shall, unless otherwise agreed to, be cut into logs of lengths specified
by the Forest Service and decked along the road for disposal by the Forest Service.
4: The Holders shall do everything reasonably within its power to prevent forest fires and shall
not dispose of material by burning in open fires during the closed season established by law or
regulation without a written permit from the Forest Service.
5 The I~o]ders shall repair fully all damage to National Forest roads and trails caused by the
€I4lders in exercise of the privileges granted.
6. The Holders shall he responsible for the prevention and control of soil erosion and gullying in
ehe construction area and adjacent areas and shall take such preventive measures as are necessary to
...:...repair and reveaetate damaged areas and to prevent future damage.
_ a;
7. The Holders shall protect scenic and esthetic values in the construction areas as far as possible.
8. The Holders shall take reasonable precautions to protect all public land survey monuments and
accessories, private property corners, and Forest boundary markers. In the event that any such land
markers or monuments are damaged or destroyed, the Holders shall reestablish or reference the corner in
accordance with directions and procedures to be furnished by the Forest Service.
9. The Holders shall maintain a muffler or spark arrester satisfactory to the Forest Service on the
exhausts of all trucks and tractors or other internal combustion engines used in connection with this
project.
10. The Holders shall equip each gasoline powersaw at all times with aspark-arresting muffler, in
good working condition and adapted to that machine. During periods of dangerous fire weather, as
determined by the Forest Service, the Holders must transport and keep with each powersaw at all times
such fire tools and portable extinguishers as specified and to take other precautionary measures as may
be required by the Forest Service.
11. The Holders shall wash all earthmoving•equipment, construction equipment, and its transport
equipment so that said equipment is free of dirt, mud, and plant material before it is brought into the
White River National Forest. Said equipment must be inspected by the Forest Service, and approved in
writing, prior to each time that it is brought into the Forest or moved from one job site to another job
site.
12. The width of the travel way of the road shall be limited to 14 feet except where additional
width is required for turnouts so that vehicles may pass. Total width (including turnouts) shall not
exceed 25 feet except as otherwise approved in writing by the authorized representative. The space
occupied by ditches, cutbanks, fill banks and road shoulders is not pan of the travel way. Road
shoulders shall not exceed 2 feet in width.
13. During periods of road and/or house construction or reconstruction, temporary fencing shall be
erected and maintained on the 2-31ine of the New York Lode, iri the vicinity of U.S.L. M. Queens Gulch
No. 1, to prevent vehicles from driving onto National Forest land.
2
~,
~°""',
In Witness Whereof, the Holders and the Forest Service have caused this stipulation to be executed on
this ~_ day of r~7AY , 20co.
Holders:
STIRLING M. G PER, SR. w
Date_P~~^• 11 ~~~~%
THE ESTATE OF STIRLING M. COOPER, JR.
By. Date -~n(~~
THEODORE S. COOPER
JOH L.BOSLOUGH i
~"~
JA ESBOSLOUGH
Date '1rt2an, , S t ,t ~~~ ~
Date 3 ' Z ~J ~ CY"~
Date .3' ~'- c~
USDA, Forest Service:
MARTHA J. KETELLE
Forest Supervisor
~"'
3-
~ ~~ ~ ~ ~ ~
~ ~
~'~ ~~ ~ ~
P
H ~
O
d0 OPFNSPACF NSPS/ ~ f'~
p N `'~
Rv ~ ~ ~'
/ y, o0
i
6 ~
~
~ ~ I _
~~4 ROAD ~RLINE \
//J
/~/ ~N~
N E ~~HN
/
, Q %
/
G.: '
~O~ON .e~ ~ P~~~E~~
-
/
O ,5 ~,+
O~ ~ /
~
g~ aN
%' y010 NOEEEENOE
. /
%
' e1
c-
tt
.....
.v _
~~\/ ~~
- OHN NrQ'lUlIT
it
Y
/
lry1 n~~F
NOWFlAtlE@AO
[C:= '~
~ ~.~
~'J
A~
59~
';
1.~
m
,r u .. ra^., .~~.
.,urzvcrores ccRririUTE
X
~.~ ~O~H runt
.1 _ ._ i~.. 'P.'
T rY
~' 1111111 IIIII 111111 11111 111111 111 llIIIIi llllllll lill 1111
-. 411494 IZ/30/1897 30i33ii EASEMENT DRVIS SILVI
<.~ 1 of S R 28.50 D `0:00" N 0.00 PITKIN"COUNTY `CO
This Grant of Perpetual Easement is made and entered into
this ~d ru day of croBC2. , 1997, by and between EDWIN J. SMART
and GREG SMART (Grantors, hereinafter referred to as "Smarts")~,
and STIRLING M. COOPER, JR:, JOHN BO$LOUGA, AND JAMES BOSLOUGH,
(Grantees, hereinafter referred to as "Cooper/Bosloughs°).
1. Smarts jointly or individually have part or whole ownership
in the Badger patented mining claim, U.S. Mineral Survey No.
7081, and the L.M. patented mining claim, U.S. Mineral Survey
No. 7081, Roaring Fozk Mining District, Pitkin County,
Colorado.
2. Cooper/Bosloughs are owners 'of the New York mining claim,
U.S.M.S. 1608, Pitkin County, Colorado.
3. Smarts desire to grant and convey to Cooper/Bosloughs the
right, as more particularly described below, to a perpetual,
non-exclusive road easement and right-of-way over and across
said mining claims.
r ~ ~';
NOW THEREFORE, for Ten Dollars 'x$10.00) and other good and
valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Cooper/Bosloughs. and Smarts agree as
follows: ^?
___, 1.,.Grant n Road Accoaa F.=.camAnr Commencing on the~date of this
agreement, Smarts hereby grant, bargain, convey, and assign unto
Coopers/Bosloughs and their heirs, successors, and assigns
forever, a perpetual, non-exclusive road easement and right-of-way
over and across the property described above. This easement and
right-of-way shall be over the existing road to the
Cooper/Boslough property unless mutually agreed that said access
easement location is to be moved and said change is recorded.
1
~ iii~~i iiiii iiii~i iiii~ ~~i~u iii iii~~i~ iii iiiiri~i ~ir~ _ ~,
43349~f 12/10/177 30:318 ERSEMENT DpVIS SILVI
2 of S R 26.50"D 0.'00 N 0.00 PiTkik C0C1FfTY CO _
2. L7a~ of Road Fa 9Pi11Pn by oo ra /goal p>>~y~Thie road easement
and right-of-way shall be used by the Coopers/Bosloughs only for
access to and from the property described above, and shall
constitute a perpetual burden on the title of the property
described above.
3. S:rrr•Pacora and Aaa'ona This Agreement shall be binding on the
parties hereto and their respective successors, trustee,
executors, heirs, and assigns, and shall be deemed to run with the
Property.
Executed the day and year above first written.
Edwin J. Sma
STATE OF , _ )
COUNTY OF ~~~,. ~ SS.
The foregoing instrument was acknowledged before me this
day of ~(I,f~,,.._, 1997, by Edwir. J. Smart.
Witness my hand and official seal.
My commission expires: _ ~ ~,,,Qu ~ d ~ c~ 9
Notary ~ublia
MY-il;fERCEtI
~ ,< y, ANEO~i(H 2
• !~!~07:MtEA%7f JUL 14,799V
~.... Rt~WfrlM~f }IIIWtiVlW4
n n : f: ~ `-~", v ~ ~` i h y,.-.-; T . S j T'*v ~'S.4 • ~ P `/'' ! _ ...~ ...y -. ,...,
_. , r .1.r ~ ,q
I
r
Q~or y
STATE OF JYt ~ i~TQ a A )
SS.
COUNTY OF A'1flb1SOl,I )
The foregoing instrument was acknowledged before me this
('S'-j' day of (~r,roRFle 1997, by ~S~'eg-5nmrt-
GRE4aRy T St*7RRT,
(~ witness my hand and official seal.
My commission expires: /- 7•.2,000
r +`.
,~'.~. c
~~, ~TOtd1:y Pubic FMK Jr 'f6 cF M~~~A
~ar O~ti- .
i I"~II I~III ~ll~li II~II ~IIIII ~I"III~'I III ~11~I VIII I"I
411484 11/10/1997 1031R'ER3ENENT DfiVIS SILVI
S of 5 R 10.90 D 0.00 N 0.00 PITKIN COUNTY CO
~, 5
.. .~~..._. . .~. ~ .4v .c. .~+n mh ~ r ..
~,
C~Op ~ ~~
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT, made and entered into this 28`" day of May,1999, by and
between CASTLE CREEK INVESTORS, INC., a Colorado corporation (hereinafter "Grantor") and
STIRLINGM. COOPER, SR., THEODORE S.COOPER,"SR.; JOHN I. BOSLOUGH, and JP.ivIES
G. BOSLOUGH (hereinafter collectively "Grantees");
WITNESSETH:
WHEREAS, Grantor is an owner of real property situated in Pitkin County, Colorado known
and defined as the LM Lode Mining Claim, U.S.M.S. #7081,Highland Mining District (hereinafter
"LM Property"); and
WHEREAS, upon information and belief, Grantees are the owners of real property located
in the Roaring Fork Mining District, Pitkin County, Colorado known and defined as the New York
Lode Mining Claim, U.S.M.S. #1608 (hereinafter referred to as the"New York Property"); and
WHEREAS, Grantees currently utilize and rely on an existing access road which branches
off of that road located in Pitkin County, Colorado commonly known as the Midnight Mine Road
for ingress and egress to the New York Property (hereinafter "New York Access Road"); and
WHEREAS, a portion of the New York Access Road runs on, over and across the LM
Property; and
WHEREAS, Grantees desire to obtain from Grantor an access easement on, over and across
said New York Access Road as the same passes through the LM Property; and
WHEREAS, Grantor is prepazed to grant to Grantees the easement discussed above, on the
terms and conditions hereinafter set forth.
NO W THEREFORE, for and in consideration ofthe mutual covenants and agreements herein
contained and for other good and valuable considerations, the receipt and sufficiency of which aze
hereby acknowledged, the parties agree as follows:
1. Grant of Easement. Grantor hereby grants, transfers and conveys unto Grantees, their
heirs, personal representatives, successors and assigns, a perpetual, non-exclusive easement and
right-of--way on, over, and across that existing road alignment of the New York Access Road as the
same passes across and through the LM Property as set forth on that Survey of Access Road to New
York Lode, U.S.M.S. #1608, dated July 24, 1998 and prepazed by Alpine Surveys, Inc., Aspen,
Colorado, Job #98-24, a copy of which is attached hereto as Exhibit A (hereinafter "Easement").
The Easement is granted and conveyed without warranties of title of any kind,-but shall carry and
benefit from any after-acquired title of Grantor.
(' 2. Use of Easement. The Easement is granted solely for purposes of ingress and egress
-" to the New York Property by Grantees and only for those uses of the property allowed by Pitkin
I I"III "III "III' I"I'IIII"II' I'II"I III "I'I II'I I"I
431721 06/02/1999 12632P EASEMENT DgVIS SILVI
1 of 13 R 66.00 D 0.00 N 0.00 PITKIN COUNTY C0
CASTLE CREEK INVESTORS, INC:, a Colorado corporation
Stirling ~1. Cooper, Sr.
John I. Boslou~h
CS'HICCr.Cooper • L?vf Euemens Xgrr_n¢n[
~'~ .
i
Theodore S. Cooper, Sr.
James G. Bosloush
I I"III "III l~lll~ l"I'IIII''II~ I'II"I III'llll'I'I ("I
431721 0'6/02/1999 12:32? EASEMENT DiiVIS SILVI
4 of 13 R 66.00 D 0.00 N 0.00'PITKIN CQUNTY CO '
-4-
. .. 2'.l^ ..1-. Vii. ~rJ~'rn'' •/~-'/„ / .:. p ^N ..
... t v • r+.;.. , rzrx-5--v, _,... r` Tf>,^ a .._:> r di;~
('
COUNTY OF ~`L~9 )
' ' '~ The foregoing instrument was acknowledged before me this ~ day of
1999 by John W. Miller as President of Castle Creek Investors, Inc., a Colorado corporation.
STATE OF O`'~L~1Cv~~ )
)ss
,~~ ^^~~-~xN,jmess my hand and official seal.
...
%' Ivly.'commission expires: _~ -~.~-o I
E A L }~~,, ~ 2 . X19
~~ ,;,.•,
.. ~~ Notary Public'~Q.lp~ +1.~E0. l~ ~c
i,t •..........i '~ c3-
s~~."Tlz'o~' )
)ss
COUNTY OF )
The foregoins instrument was acknowledged before me this _ day of
1999 by Stirling VI. Cooper, Sr.
Witness my hand and official seal.
~Iy commission expires:
STATE OF )
)ss
COWTY OF )
Notarv Public
The foregoing instrument was acknowledged before me this _ day of ,
1999 by Theodore S. Cooper, Sr.
Witness my hand and official seal.
My commission expires:
No[ary Public
-5-
~~~~~~ ~~~~~ ~~~~~~ (~~~ ~~~~~~ ~~~~ ~~~~1~~ ~~~'~~~~ ~~~~ ~~~~
431721 06/02/1999 12:32P ERSEflENT diiVIS SILVI
a „e t3 a cc aan a as u a as e~rv*u nnnu+wrn ..:_
~:.
a
»: .:.
,;. ~ .-
n --
~'~
z
N0 <
~~< ~
~ O
A
oa
~"~ m
~~o
?~m -0
~'° 3 D
soy z
~s~
3~ 0
m
z
3
K'
A p S + y ~~ }
n £ ~ S F CC f. ' ~ j•
3 r t~ ~Fj }
.v ~3fi~s ~ ~~ '~. of !, .-~~
o ~ $ass ',t ~^ 'e
°~ ~ g3. `f: a ~> .. 'T
I ~~ ~g,~ i q 6 ~. ~ es o f
_ _<: i
_ _ . r:
_, i
Details of the road to the New York, USMS 1608.
From the Midnight Road to the end of the Badger, USMS 7081:
(Private lands.)
N 06-54-12 W
N 25-49-33 W
N 13-22-30 E
N 07-34-10 E
N41-11-05W
N 28-15-23 W
N 35-25-16 W
N 46-15-42 W
N 10-57-04 W
N 00-25-46 W
N 14-~-36 W
N 27-51-36 W
N33-30-26 W
N 26-13-28 W
Across the USFS lands:
N 26-13-28 W
N01-01-27W
N 00-19-44 W
N 05-54-10 W
N21-5I-47W
N 30-23-23 E
N 27-59-34 E
N 19-10-48 W
N 19-10-18W
N 34-36-35 W
N 15-41-40 W
NO1-30-19W
N 24-21-09 W
N 24-20-21 W
N 53-48-56 W
N 38-57-53 W
N 49-59-11 W
N 47-18-47 W
N 66-47-42 W
62.8811.
74.39
33.48
81.99
85.19
190.20
102.40
292.36
54.27
100.60
54.80
168J4
68.80.
24.36.:..
1,394.46 fl:
IOO.OO li.
223.87
32.52
56.15
106,14
64.03
46J9
55.72
I T 1.20
49.34
61.95
294.83
168.63
45.54
38.39
47.38
124.45
73.41
_58.41
1,758J5 ft.
TOTAL: 3,153.21 ft.
S~~
wt~\~~
April 8,1999.
Allan Grimshaw
.Aspen Ranger District
806 West Hallam
Aspen, CO 81611
RE: New York Road
Dear Mr. Grimshaw
Thank you for allowing us to comment on the Cooper proposal for access to the
New York Lode. I see from the Scoping Statement that you are aware of the
Pitkin County conditional approval for development on the site and BOCC
Resolution No. 97-203.
Our primary concerns regarding the proposed access was that approval be
granted by the Forest Service for the required crossing of Forest Service lands
and that the ultimate design of the driveway be the absolute minimum
improvement required to assure adequate, safe access for a single family home.
We would like the County Engineer to approve the final design and construction
of the driveway to help insure the minimum of environmental damage is caused
by any improvements to the existing road.
Sincerely,
Lance Clarke; AICP
Deputy Director
nylodefs.doc
~.~„ United States Forest White River Aspen Ranger District
¢~ Department of Service National 806 West Hallam
Agriculture Forest Aspen CO 81611
(970)925-3445
TTY (970) 9453255
FAX (970) 925-5277 ~
~J~ tic.. ---
Aspen/Pitkin County ~e~ ~~ ~~~ z
Community Development
130 S. Galena St. ~v ~ ~ ~~~~~ ~'~ _ _ i~
Aspen, CO 81611 ~ v~
Deaz Reviewer: ~~/(.fiv~~ ~ ~~ r6V~- d- d'rWVx
The Forest Service is initiating National Environmental Policy Act (NEPA) analysis on a case1~`~l"'
which we aze refemng to as New York Road. A landowner proposes to reconstruct an old ~q
mining era road to serve as the access road to the New York Lode private parcel. v\
Scoping is conducted at the beginning of a NEPA environmental analysis. It is a procedure by
which the Forest Service identifies important issues and determines the extent of analysis
necessary for an informed decision on a proposed action.. A Scoping statement is attached. The
statement identifies the proposed project and what we currently know of the situation. I want to
emphasize that this is just the first step in the analysis and no decisions have been made. All
interested parties are encouraged to advise the Forest Service of issues which you believe should
he examined.
I would appreciate receiving your comments on this proposal before aril 26. 1999. Written
comments should be sent to: District Ranger, Aspen Ranger District, Attn. Allan Grirnshaw, 806
West Hallam St., Aspen, CO 81611.
Please direct questions to Allan Grimshaw at Aspen Ranger District (970/925-3445).
Sincerely,
Y. ROBERT IWAMOTO
District Ranger
~~~~~"
Enclosures (1)
MAR 3 i 1999
ASYtfx 1 r. ~ rtiu~
:.OMiNUNt"fY ~~E[.OPPAENT
Reply to: 2730 ~~ r ,
Date: March 29, 1999 ~ v`im'
s^
u~is ~~
Caring for the Land and Serving People Primetl on RecyNetl Papar
u-~ c~ S'~w 1 i ~a ~ ~~ ~ w:
~ti~1 ~ a~~~ua.~rs~
'~,nnM~„~.,,, 'hn~lU ~~'~w~.
~~.~ w. tt ~ ~~.~,~
SLOPING STATEMENT
Project Name: New York Road
The Proposal
Stirling M. Cooper Jr. has applied to the Forest Service for a Federal Land Management and Policy Act
Private Road Easement. He propose to reconstruct an old roadway which dates back to the mining era
in the Aspen area: The roadway will become the driveway to the New York Lode private parcel.
The subject roadway begins near the site of Midnight Mine on Midnight Mine Road. It crosses private
land before entering National Forest land. Mr. Cooper has secured a road easement which allows him to
cross the private land. The New York Lode pazcel has been through Pitkin County 1041 ~laZard Review
(see Pitkin County resolution No. 97-203).
On the back of this sheet is a map which illustrates the location of the subject road.
The Decision
The decision to be made is whether or not to authorize this proposed road use on National Forest land
and what (if any) changes in the road will be required.
NEPA Documentation & Decision Document
The analysis for this proposal may qualify for categorical exclusion from documentation in an
Environmental Impact Statement or an Environmental Assessment under Chief of the Forest Service
category 31.2 #3. That category is: Annroval. modification. or continuation of minor special uses of
National Forest Svstem lands that require less than five confi~uous acres`of land (ref. Forest Service
Handbook 1909.15, Ch. 30, at 31.2). If documentation of the NEPA analysis maybe categorically
excluded under this category, a Project File must be prepared and the decision would be made in a
Decision Memo.
_ _ __ ----
The analysis may need to be documented in an Environmental Assessment (EA). In that case, the more
lengthy EA process would be followed and the decision would be documented in a Decision Notice.
Additional Information
Persons desiring additional information on this proposal aze encouraged to call Allan Grimshaw, Project
Manager, at Aspen Ranger District (970/925-3445).
Comments
Please submit written comments to: District Ranger, Aspen Ranger District, Attn. Allan Grimshaw, 80b
West Hallam St., Aspen, CO 81611. Please submit comments before Anri126. 1999
it -~. ~ .. ~ .n ~ `~`,. / ~ .',..
1 + ~ ~.I`~1~~---~~~~ / .~> eyu .gym
~ _ 4..iii la; t \ I/ f ; .F ar' I\\ Q,,~~1'~ '`~\ / 7 t y.-~ a~7 Dos e k~nmt
~~
~ ~.: ~ ;' ~ V~~•~~ T ~`~~~V/1 I i p~ ~ wwe~ ~t GG~)wa4nOVerc ~: SC .nor. ~"
~ f / ) 1t ~~ /1- k ~ ~ ~C'~ (~,nnel 4n~F&~err s Turn
_4_. ~ .. 'l :.~ ~ ~ r ~ + j~. ~l . lf\~// ~ v'`r,~ a'1~ l.~ , S~~rr t ~ j ~'
~ ` ,n ~
1 } ^L• L r ~ l ~y .~ r i+tpuhidv
~~ ~ ~ V ~ ~ r~ 1 ~T11 .• ~~ ~~ .R~~ ~~ i ~i.l~~/ 1P RefleClo
1 i~ ~ Q~ ~ T -. ~/ w r ~~~ f ~ ~ ~ T~rai ( Moll.b G~h¢
~f +. ~y,~ ~ + ! r ~ ,Pa ..~ ~ • ~~ Ykl 5nart .
4/ ",~ ~ f ~ ~ ~ J
t_~'^;,,3.':. ~~~ _~--,•-tsp. ~ r ,
y ater'w.y ~ ... jj wvT n~ ~ 'f :y~„r~' •L
_ ' 1_• ~l~ ^~i ~ bY+i I J./~ ~, NIv ~~r ~F. % ww ~ + vv ~ I~r +~ r 4 i
~~p9 ~ /( ~~. r yyyy,, '4
1 r /' o _ro vI C' j 11 (~ ~ ~ .~n ~ iafiR's.~k~ ~ ~ Av Ute ~//•. (~~ ~\ ~r ~ -,' ~T
i¢ eu ~ k ~...._ 1~ -' s '~` ~i ~~ ~/ ~ ih"~:eT C ~ = lam `rrs•~~~a ~,w ~3
.. ~~ ~ 'f ea ~~ 1%
N ~ 1~ '~r,1ua'te 3. xnd '~ ~ , r , ~ r
~ .~, 18~~~~~ '". ~rr~ ~a„
v-'F~~ The Location of the
~ii Priu~
n ~~ New York Lode Pareei i
~\,~. _
0 F 1
~, ..
~~:
d ~,-~c,r 9
Figure 1 Project Location (Aspen, Colo. 7.5' Quadrangle, T10S, R85W, Section 26)