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DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (11x17) A k. . a-tJ:?P~s:, C~8~rao,sa7 ~~ U3U3 51ark Mesa Rd ..~.,. ~ ~ 8~'. Augenstein, Stacy ,qp , ~ Ol1E.~- ~~~ RCYD~ ALLOCATED HOURS:~- %OYER ~~ ~E tdkTC CL4TE -. :'~~ ~~~ DUE:r~- ICED DATE OFFgdALACTiON: ~"" BOCCReao: eDCCC>ra: f ~""" ~~ ~ PZ: , 87-86 #266549 i~aa o~: T`.`~. R """~,rded at ~ ~ ~ o'clock ~' M ~I "t a r :,~-~ ~ ,~~ ~ ~ ... ~~ ~ ,.,~ ~. S'6.5 ~ eao~ :~~~ PaoE~ d :~ Reception No SiLV1A DAVIS PITKlN COUNTY RECORDER RESOLLITInN 4F THE' PITKIN GOIrNTY PLA7VNIRIf: ANC Z4NINr_. CCIMMISSIQN rRANTINr-. 1041 WILfrLIFE RNC~ GEr7Lr_rr_.I~ HA7_RR.O REVIEW TO STArEY AUr_.ENSTFIN C°or!'ec~~ fo P,esol ut ion. Nv 37-__Cz__ (~ vG 3-/Std - d0-oi~ Z~(~3-/u3=r ~-t5~3 WHERERS, on March -~, 1'~r7, the F'1 wooing Commission r~view~d an application by tac?y Rugs•nstein for a ]047 r?vi?w for wildlife and geologic: ha?arda nn a S acrF parr.rel nn :~t.irk M?sa, rnnre sper.ifically d?scrip?d 9n E;hihi.t "A"• and..... WHEREAS, the F'itk'in ~.nunty PI wooing Commission reviewed swirl application at a d,jly nntic.•d public h?wring an March .~. lra=~7, at which tiro?. evirl?m;e and tFStirgrny was pr?stinted with rFSF•?~_t to said applications and. WHEP..ERS, th? Planning C:nmmissinn r?vi?w?d ~:nnditinns imposed by th? C,ivisinn of Wildli.f? and a professional engine?r regarding 1041 hazard conditions. Nf1W, THEP,EFLIRE, F3E IT P-.ESOLVEf) .that. t h? Au ~? n st ? i. n ] 041 hazard review shall-h? aF•Frnved with the following conditions= 1) No sagebrush andlor pinon-juniper fr~us shall he r?mov?d from thew?st sid? ~F th? site C=.urr~unding the building envelopF)• t') No construction shall disturb or alter native vegeta- tion to the West skin of the pro Ferty• 3) AI I dogs sl-.al 1 he i<?nn?led nr I?ash?d• 4) ThF aF•pl i~_ants shall obtain an excavation p~rrnit, encroachment F?unit and driveway perrni.'t F•rinr to iss,aam~~ of a hrlilding permit fr~r ±hF borne. ~) The applicant shall obtain aF•Frnval of a fugi.ti.ve d,_,st Flan from t.ha ~nvironrn~ntal Health C~epartrnent prior to issuance of a hui.lding F•?rmit i'nr th? borne. ,_•) The aF'F•I i~_ants shal I provide that th~ru is a watFr supply c?f arl?quote q,_iality and quantity Frinr to issuancF of a h,iilding p«rrnit. - .w, a a•. .W .!evJpr• dv-fo A wr ~-0y rN! YuT e ktF %e5~ m Fi~ e x u•srycai ?) 1f th«^ appli~_ant ch~~ses to a<:e the spring, the applicants. should .join a wat~'r ~-ligtri~_t pr Incal ~_mm~ninity water systern program if one is fnrmed• ::) Thy: apps icant shall rF~.grri a rnyi ar 1~~41 site Fit an reap in the Clerk and Fecnrder'=. Office. This neap shall be th? =ianie as the map subrnitt?d with th. application and shall add the following: 7) The numher of th~_ resgl~~- tion of aF•proval Cfor future r?fFr~~nc~) ") ThF map shat I be titled "f-I~_igenstein 7C14T"• ~) FrooF of ac~..:ss shal I he rletFrrnin~:~J„ prier to issuan~=e of a building permit. EIpFR.OVEfJ by the f-lanni.n3 C':nmrnissic?n at its r?yular rn?eting nn L'iar•.h _. 7'x;7. PITiCIN COUNTY PLRNNING fiNO ZONING COMML_ sION QY------t- -------------- Peter Guy~~_ airrnan RTTEST: at E~eifont~ Q~~puty County Clerk ieH• rii ir_. ... eoo'4~33 PacE"/tai; eoo~ 5~J ~ac~~77 ' EXHIBIT 'A A parcel of land situated in Section 14, Township 8 South, Range 88 West.of the 6th Principal Meridian, Pitkin County, Colorado, more particularly described as follows:_ Commencing at the West Quarter Corner of .said Section 14, thence S. 76°18'17" E 2470.38 feet., to the True Point of Beginning; thence S.79°58'24" W 811.20 .feet; thence'N O1'02'b7" E 320.97 feet; thence N. 79°58'24" E 349.62 feet; thence S 86°15'58" E 441.58~feet; thence along a curve o the left, Having a radius of 304.52 feet and a central angle of 20°50'49", an arc length of 110.80 feet, the chord of which bears 5.02°50'25" W 110.19 feet; thence S 07°35'09" E 102.64 feet to the true point of beginning, containing 5.2 acres more or less. -- .o.~. i. ~, e ~1 .J (~.~ • ~. ~ _`~ . `,' .. ~~ State of ~`~Bhuoai V .this '~/~ day of ~R/raK/' __ .I96`~ ~~~~ ,_-~ ~ ..~ ~~ , .. . ~,,. ~ s:.. IWEMORRIVDI IIM TO: Pitkin County Planning and mooning Cornrnission FRnr~: Cindy Houben F:E: Rugenstein 1041 F:eview for wildlife and geologic hazards GRTE: I°la rch •~, 1'x:_7 ., ~ ~<.. u r ,<,. ~, ~ ~~ R.EC~UEST: RF•proval of a request for a 1041 hazar!~ review for., wildlife and geolagiv Hazards. RFPLIr_RNTS: =wavy Regenstein and Jim and Calteen P..orninger• LOCRTION: THe parcel is iovated in .the Crystal k:iver Valley side of the Frih~_e Cr?ek F:oad on Mark wesa• SITE DESCRIPTION: ThF site is aF•F•rox:irnately five CS) acres and is located on toF• o{' a mesa overin~kng the Crystal River Vailey• Three quarters of the site is a flat field. The remaining portion of the parvei to the. west ,slopes towards the [.'r•ysfal River drainage Csee attar_h~d rnap)- OESCRIPTI4N C1F THE PROPOSI~t_,- The applivant Proposes tHat a single family home be guilt nn the ed3e of the parcel overlodkin3 the Crystal River drainage. The property includes d pd5ture which will not be disturbed 6y the proposed development. The new access is proposed off of the ef.isting Stark Mesa rdad. The road is proposed to follow along th« southern. bqunda_ry lin._• of the property leading to tnP western portion of the site where the proposed building site is Locaterii._ HISTORY= The five acre. parcel was created through a vaurt s._•ttlement in 1'?~33. However at that time a 1041 review was not proves..=,ed. Thu lot is now for sale and thr._ pur~_haser i.s propasin3` the building envelope as des~_rihed herein- The lot is nit subjevt to ~~M[~S IirnitatirJ~s, due to the Orystal River Va}ley• R.EFERRRL COMMENTS: 1. DIVI^aION OF WILDLIFE= ThF planning officE received a letter from F::evin Wright of the Division of Wildlife dated Feb• ~. 15,.:7• THe subjer.t property lies `within dear' and elk winter ran3e and is adjacent to critical winter range and habitat. The prirnary_wildlife value on the si±e is the sagebrush and F•inon-juniF•er vegetation along the hillside on th? west edge of the prop?rty• 1-i? oat?s that this area is usa_d primarily by deer for f?eding and for. protective and therpial cover. Th? wildlife imF•act would he minirniz~d by, R) F'res?rvation of sagehrush and Pinon-juniper tr??s along the west side of th? proF•erty~ E,) Rny construction should oat :Disturb or alter native v?get at ion on w?st si.de of the prop~rty3 C) Rny dags be kept an I?ash or in a kennel. ~~. ENVIR.GINMENTRL HERLTH L1EPT: In a memo dated Feb• 17.1987 the Environmental Health Dept• r?iterated the regulations on fireF•laces and wood hurong stow?s• Th?y also nat.-=d that there must he a fugitive dust _F•lan approved F•rior to any ~:onstruction or earthmaving• Th?y also su3•gest that there he an adequate water storage suF•F•l y. Water roust t?c. adequate) y disinfected and th? necessary r_hemirai and bactFriologi~:al tests roust be preformed prior td us._•• R convFntional s?ptic system may oat he passibl? on the sit? ,new?v?r~it should bF possible tv install an engineer?d system• Vegetation shaald b? maintain?d in orh?r t~ pr?vent runaff F•rob{?ms that will rB~J S? wat?r pollution problems. Noi se from _con st ruct ion. should be minimized by limiting construction to betty?fin the hours of 7 R•I~I• and 7 F'•I'I• Wat?r cc~nservation fixtures may be requir?d in order to rninrni~e the size of the 'seF~tic system• Bob N?I son of the Environmental Health C~apartrnent suggests that the aF•plicants be required to join a water rJistri~_t or a- lo•=ai cornnuani.ty water cyst ern F•ro3ranrwhen en? is forrm-d• .~. CGLORRdn r_,EOL!?GIC SURVEY: The plannipq'office received a fetter dot?d Feb• l~ from the f_.pioradv G?ol_ogi~_al survey whip=h ~=onr_urs with the findings of Nick Lampiris. 4• ENGINEERING:. The planning office r?cei.ved a memgr•andum from, the planning ?ngine?r dated F~~•23.19r7. Tom hlewland notes that the illCreaSkd traffi~_ concFrns ~"nrvC'rin~ u i rGek Poad m , ,,~~ .... ~,>., ,. , _.~., will not be signi.fi.cant and will not require uF3rad~ng of th? road. H? statFs that the_propgsed driveway must meet county driveway standards and that. an F:-;~;avati~n and ?m.roachrn?nt p?unit must b? obtained prior to ~=onstrur_tion• STRFF C~SMMENTB: 7.. The app) icants .have s~.ihrnitted _ a g?ologic report by Nick LamF•iris which notes that this is a very good site for the. d?veloprn?nt of a single family home and that he finds no faults and or other g?ologir structures evident that could advers?ly affect this si.te• However the following recom- mendations should b? follow?d• R) R site sF•ecifLC sails ?ngine?ring study should be conducted for proper foundation design and for d?signing infer•ceptor drains .around th? foundation of the F•roF•os?d home in order to protect it from F•ntential ado?rs~ aff?cts of irrigation pr actir_es in th? ~ ~) n- =i ~,~ ~~ !'•~ it- ~n .= ~~ _'~ ,; ,, - ,,, // \ ~ ~J ~ ~ N / `~ it / ~ A ~ ~ ~ ~ ' ~ i i ~ j /' ~ F ~ ~ ~,/ // ~ ~~1 L ~. ~ ~ L~ \ m ~~ N i N~ ~ ~ 9 i ' ~ x ~ f ,~ o \ \~ /`~ ~ F 1, t' , ~ . ~, y~F C C c r S ~~ C? (~) s~ m ~ ~ MEMORANDUM- TO: County Attorney County Engineer Environmental Health Division of Wildlife Colorado Geologic Survey* Division of Water Resources FROM: Cindy M. Houben, Planning Office RE: Augenstein 1041 Geologic & Wildlife Review DATE: January 26, 1987 Attached for your review. and comments is an_application submitted by Stacy Augenstein and Colleen Rominger requesting 1041 Hazard Review in a geologic/wildlife area. The applicants propose to construct a single-family house, on a five acre parcel, located approximately 1/4 mile south of Prince Creek.. Please review this application and return your comments to this office no later than February 19, 1987 so we have adequate time to prepare for its .presentation before P&Z on March 3. Thank you. * CSG check for $190.00 is enclosed RICHARD D. LAMM GOVEPNOF COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES ~{-r~~~' ?15 STATE CENTENNIAL BUILDING - 1313 SHERMAN STREET )t q e DENVER, COLORADO 80203 PHONE (303) 866-2611 ~~~`f` February 19, 1987 Ms. Cindy Houben Aspen/Pitkin Planning Office 130 South Galena Street Aspen, CO 81611 Dear Ms. Houben: RE: AUGENSTEIN 1041 REVIEW PI-87-0012 JOHN W.ROLD DIRECTOR F~2~198? We have reviewed the materials submitted on this matter .and the general and engineering geology of the site. We concur with the findings and conclusions of Nick Lamp iris and given a satisfactory resolution of the septic .leach-field. issue, we have no objection to the approval of this application. Yours truly, Jeffrey L. ynes Senior Engineering Geologist bcr:JLH-87-052 3366/4 G E O L O G Y STORY OFTHEPAST...KEYTOTHEFUTURE ... ,+. _. STATE OF COLORADO Richard D. Lamm, Governor DEPARTMlENT OF NATURAL RESOURCES • .. DIVISI®N OF WILDLIFE t Jack R. Grieb, Director 6060 Broadway Denver, Colorado 80216 (297.1192) .~ ra':~ °J ~ a ~ :. LplAR9QO. Ecp~pp nn Ei N ~:.~ Q'9Og.p1~ February 5, 1987 Cindy M. Houben Pitkin County Planning Office 130 S. Galena Aspen, CO 81611 Dear Cindy: I have inspected the Augenstein property located south of .Prince. Creek Road, Sec. 14, R88W, T85, Pitkin County for 1041 wildlife review. This property lies within deer and elk winter range and adjacent to deer and elk critical habitat as defined by the Colorado Division of Wildlife. The property is primarily an overgrazed horse pasture with houses located on .adjacent lots to the north and south. The" primary wildlife value is the sagebrush/pinon-juniper vegetation along the hillside on the west edge of the property. This area is used primarily by deer for feeding and protective and thermal cover. Wildlife impact would be minimized by: - 1. Preservation of sagebrush and pinon-juniper trees along the west side of property. 2. .Any construction not disturb or alter _native vegetation on west side of property. 3. Any dogs be kept on leash or in a kennel. If I can be of further assistance, please give me a call. Since ... ~~~ Kevin Wright District Wildlif Manager Colorado Division of Wildlife Carbondale, CO KW/lg cc: Seidel, Wright, Rominger DEPARTMENT OF NATURAL RESOURCES, David H. Getches, Executive Director•WILDLIFE COMMISSION, Richard L. Divelbiss, Chairman James C. Kennedy, Vice Chairman•Wilbur L. Redden, Secretary•Donald A. Fernandez, Mem ber•Michael. K. Higbee, Member Timothy W. Schultz, Member•James T. Smith, Member•J can K. Tool, Member ' ,° .~ ASaEN~PITKIN '"` ~ DEPARTMENT ENVIRONMENTAL HEALTH ~.ene~:aYmM ~. wNUNAwmwnRwu.°4F~~vA:f.Yv^:+.- +ti~N.~.k w MEMORANbiTM TO: Cindy M. fiouben,'Planring Office _... FROM: Lee„Cassin, AspenJPitkin Environmental Heal,~h Department ~f e DATE: February'17, 19"87 ;` RE: Au°genstein 101 GeoToga & Wildlife ReyieW -- -=- -- _"_ . . The Aspen%Pitkn 'Eh~ironmental i~ealth "Depar£merit has the following comments on tTie"above=refererice,~ ref"er`ral ~" ' ~ ' °`°' _ _ ..___ .: AIR OIIALITY In this house; only" one fireplace and ''one certifie3" "(by `~spenj= Ptkin Environmeptal '"H"ealth""bepartment) woodburnng `stove are allowed: The, applicant baii'contact°"this office 'for "a"`current list of .certified stoves A fugi`t`ive dus""t conol"~p`Ta'rittus`£` be approved by this office prior to''any construction or eartkmoyng. _." ~~~_. __ w. ,. "Paving `of ` `the- access road would Tiave a ~erieficial , oar ___>_.. quality impact, but- traffic 'on this road' will be low ""Prompt revegetation wiTl"" e~ ssen `air =pollut"'on £rom "`wind'blown` dus£ Solar heat is, not addressed but wwouTd have abeneficial air , ,a , _. , . quality `impact. ,. > ON-BYTE WATER `A27D SEWEEL ° ' ~ -:> _.. __ 4 :: ~ _ .. __ We would suggest that the 'residence 'include" adequate water storage' for tTe requ ~d supp y given "that the water rights are "~ for only""~"~allons per minute. Water must ~"~e a~equa£ely~" disin- fected and the necessary chemical and`~:bacterologcal tests must be performed prior to use. Percolation tests and a'site nspec ~ t ion will ~ienecessary isrior to determining whe`tYier a conven~ tional septic system can be installed The s'"~°eep' area"rv to the west and the use of"flood' irrxga'tion in tfie pasture may make use ~- of a conventional system impossible In any case,"it should be possible to install an engineered system: `"" "" """ ""`'`°"""'"'"""°'"""""`~`~""'°""'"""`"` "' ~LT~IITION`~ SOUTfCES ` _ _ _ _~. _ ,_ _ Due" to the, steep area to the ;west, it will `be important to maintain the vegetation to`prevet area sources of'riiiioff causing water pollution .._ r .,.__ ..~..u_,,, ~ _,.~, ., ,. _"_., NOISE - . _ ::_ _ ~._..:' .. '. Construction activities should"be done ,between 7""`am and T,pm."` I`t is not anticipated that'"'noise will be a problem after'~construc- tion has ended. ., : .. 930 SouEh Galena 5traet `Aspen;`"Colorado" 69699 ~` 309/925=2020 ~ ~ "~ `~ `"`- FROM: Tom Newland, Planning Engineer RE: Augenstein 1041 Hazard_Review v" DATE: February 23, 1987 .._~ _. _ P ~ , ... ~ ~. I have reviewed the""application submitted by Stacy Augenstein and Colleen Rominger and would like to forward to you the following comments: Impacts on Road System/Road Design: This additional dwelling unit will increase traffic on Prince Creek Road by 6 vehicles per s ~,:~~ day. This is a very small inc'rease', and will not; require the country access road to bg upgraded. Driveway plans should conform _to Pitkin County Driveway Stand- ards. An excavation ,permit and an encroachment`"pe"rmt must be ice for the driveway work A driveway plan drawn from this off." ~"„ ~ _r ",_ ~, ~,,~, e required f conforming to the above mentione~~~'s$an~ar"3's wiYl"~ti or permit .approval. Geologic: Dr. Lampiris' recommendations suggested in his report of January 19, 1987 should be followed They are: - a site specific soils ...engineering study be conducted to insure proper foundation construction and placement,, - surface landscaping .around the_home should be designed to .~ divert water flows., away from the dwelling unit. _, -: -er ., ,~ ,~ ,>. •._ ~. . ~~ , ~ _, yr Nicholas ~ampiris. Pti.D: bONSULTrNG GEOLOGIST PO 80X10935 ASPEN. COLORADO St811 (303) 925-6020 J ~n~ _~rv '.'~ 1 ~8;' Stacy Augens*_ein Sopris Ranch O^ST Cabin Drive Carbondale, CO. 0163 RE: 104.t Seologic Study Dear rls. Augenstein: I have completed my geoloyic inure=_tir House Bi11 1~?41 of the approximately A) which is part of your ranch aCove It is located appro:;imately 1/4 mile near the center df Sec. 14, T 8 S, F. within the Mcunt Sopris 7 1/C minute County, Colorado. 3ation for purposes of five acre parr_el (Parcel the F•rince Creek Valley. south of Prince Creek BE W, of the Sixth P. M'. quadrangle, Pitkin The topography of the lot consists of a large pasture area to the east, which is well fenced, becoming steeper, and somewhat dissected and interspersed with pinidns and other dr~,~land'vegetation to the west. The pasture is flopd_ - irrigated. The building site is in the transition gone beto-ieen'the edge of the pasture and the steeper dryland to the west. The geology o4 this .site consists„of older ,terrace deposits ..:._, w.._w M which lie well above the terrace deposits at the 1}evel of Highway 13.3 to the west. These deposits typically consist of silts, sands, cobbles and some boulders in a crudely stratified manner. Erosion of this terrace has proceeded from west to east over the centuries to this present` locatioh. Although no bedrock is visible anywhere he~r'the site, trends of outcrop in the vicinity plus the geologic mapping by Fox (1974) indicate that ,the.Mancos_Shale of _~.. 9 P P P Y P about °~d Cretaceous a e is resent at de th and robabl di s~ ' degrees to the north,. Depth to the_shaIe could be ?nywhere between 30 and iC~r) feet. There pre no ,faults„avident nor are _;. . . there .any other geologic structures evident which could adversely affect this site.' The building site, as 1 understand. it, is .just beyond the break: in slope where yrades approaching irk': to lv% e;:ist. Althouyh terrace materials are unconsolidated, they do tend to be fairly stable unless unduly supersaturated as, for instance, by poor irrigation practices. There are no natural _. n ~ w an~_~ar~• ~u, L?87 10~J1 ueclogic Study Fage Two drainages which can affect this site and,,it is,wel,l back from the steep areas a little .further west. My recommendations ire that ,site specific soils engineering st+adies be performed for proper foundation design, and for the purpose of designing .interceptor drains around the foundation of the proposed home in order to help protect from the potential, adverse affects of irrigation practices iri the pasture .lust to the east. .Surface landscaping around the home should also be designed to divert water. well a~~ay from the hornesite in all ~irectpns. Access to the site should be readily available frdm several directions because there is no topographic. barrier between the main dirt road and this building site. Water is already available to the parcel by virtue of a shared .spring. Waste disposal from the home needs to be carefully addressed, because a septic tank with .attendant leach, fields wild be difficult to install to the., west where slopes are steeper. Althdugh a conventional system will probably 6e suitable in these permeable soils, pumping df affluent may be necessary depending upon the design and layout df the home. The F'itkn County Sanitation Engineer 'should"be consultedfor his specific recommendations.. ' y g elopment of a single This is a ver pod site for the dev„ h family home if the preceding recommendations are followed. if you have further questions, please do not hesitate to contact me. Sincerely, 'xu ~~e-+ -~c~; Nicholas~piris Consulting Seologist encl. NL/clk: .. ~ .. ., ... ,~. ~.... w„x..-,. ~:.... -- _ - ,_ . Y ,- - - ~ _ - ~ _ CERTIFICAY'S OF ,MAILING i - J I, hereby certiry that on this ,~d day of 198 a true and correct copy of the attache Notic of, Public Hearing was deposited in -the, United„ States mail, first-class` postage prepaid, to the adjacent property owners as indicated on the attached list of adjacent property owners which was supplied to the Planning Office, by the applicant in regard to the case named on the public notice. ~~ ~,`~1/,_/ Nancy Cae i .Y. ~ ... fff,,,,,,... ~ _ .., d . , ,. ~~ ...c. - .. _ ,. n - .:., ,~ C PUBLIC NOTTCS RE: AUGSNSTSIN 1041 GEOLOGIC AND WILDLIFE REVIEW NOTICfi IS HEREBY GIVEN that a public hearing will be held on Tuesday, March 3, 1987, at a meeting to begin at 9:00 A.M. before the Pitkin County Planning and Zoning Commission, in £he Pitkin County Courthouse, Aspen Colorado to consider an application submitted by Stacy Augenstein and Colleen Romnger requesting 1041 Hazard .Review in a geologic/wildlife area. The applicants propose to construct a single-family house, on a five acre. parcel, located approximately l/4 mile south of Prince Creek. For further... information, contact the Aspen/Pitkin Planning Office, 130 S. Galena Street, Aspen, Colorado 81611 (303) 925- 2020, ext. 227. s/Peter Guy Chairman, Pitkin County `Planning and Zoning Commission Published in the Aspen Times on January 29, 1987. Pitkin County Invoice No.'J1~gl~Q ~.i..~~.,.,~-..~..,. y ~Ea.~. .,, ,,.. ._,,...,~ ~, APPENDIX B /~` roject Number ,/ \` Section/Parcel Date Submitted pitkin county LAND USE APPLICATION aspen, Colorado 81611 TO 3E COMPLETED BY THE APPLICANT: ~, ~ NnmF ~lrn ~, ~ ~. 1('ti,CY1~~ P_lfl lt~-f~en-~ - ADDRESS ~f`.._ y~ ~_~`""_"~ `~ < PHONES~CL/ ~~ 3 - ~,3 g ~ \~I'Wr~ ~'`p;~~.,,-~.c..~ NAME OF PRO i C! _ ~ Lti~ ~'-i PROJECT LOCATION: (On attached sheet, locate on zoning map, showing boundaries of any natural hazard and resource areas, any other special regulatory districts, Section 5, Land Use Code •, and loca~'e on app`rop'riate CSU/ ERA Maps any areas not covered. by the above.) TOTAL AREA ~ ~ G EXISTING USE(S) U GtiC ~-~ PROPOSED USE(S) ~Slr~-,C{-z-- ~~~-2-c-' (approximate square ~ ~ footage for each) PRESENT ZONING OF SITE ~ S - ~jl~ _. _ _ ~i DESCRIPTION OF LAND USE PROPOSAL 51 ~~ ~'a'n--e^~ GG~~"L'-~Q ~~ i - ~.~C~n~~ a n~ hey ~~r~ef} ~.~~rZO~+.Ct~~~L ~- ~ , TO BE COMPLETED BY THE TYPE OF APPLICATION: (~~I PLANNING OFFICE REZONING P.U.D. --. SPECIAL REVIEW BUILDING PERMIT REVIEW GROWTH MANAGEMENT SUBOIVISION EXEMPTION 35-acre + SUBDIVISION EW PHASE: PRE-APPLICA GENERAL SUB DETAILED SU FINAL PLAT IATE COMPLETED DATE ISSION P C. ACTION ~ DATE BOARD ACTION DATE BOARD ACTION `° DATE w J ~ y r ,• f~ ~~ u, Jl~~ / ~ j A C R E E Al E N T J THIS AGRE:•?81T, made and entered inco this 23rd day of November, 1971, between :IlCIiAEL L. STRr1NG and KE'.TIILEEN S. STRANG ,of Carbondale, Colorado, and JOHN G. STARK and LOU ELLEN STARK of Carbondale, Colorado, • R E C L T A L S ' WHERE.IS, the parties have, this. .date, appropriately executed, delivered and received that certain warranty deed to 61.97 acres of land situate in Sec. . 14, T. 8 S., R. 88 t1., 6th P. M., WHEREAS, the said STRAi1G have and retain a certain parcel of land which, if not othereaise provided, could be Land-loc'.ced by virtue bf the conveyance to the said STAFtKS, Wlii~.1ZEAS, the parties now have undivided and fractional interests in the Vandeventer Springs and Pipeline, the water and water rights thereto, and the rights-of-vay and easements therefor, WHEREAS, the parties have: agreed and desire to memorialize their agree- . meats with respect to the foregoing. Ned, THE4~FORE, it is hereby mutually agreed: 1. SurvcY of Roadway. That the parties will cause a survey of (a) the existing roadway from its point of departure from_the so-called Prince Creek Rbad'to the point on. the land now osrtsd by the said STARKS where the joint use, with STRANGS, would and does end, and (b) from the said point where the joint use ends~to a mutually agreeable point to and upon the land retained by STRANGS. This sur- vey will be prepared by a licensed surveyor, a cefiterline description prepared and zeduced to a plat.. The costs of this survey and incidental work shall be born by STRANGS and STARKS zqually. Thereafter, STARKS agree to execute and deliver to STRANGS a quitclaim deed granting unto the said STRANGS, their heirs, personal representatives, successors and assigns, a perpetual and assignable easement and right-of-way over and across STARKS' land via said surveyed ease- went. 2: Costs of Road haintenance and Improvements. j The parties hereby agree to share equally the costs of maintenance and improvements tb said zoadway as now constructed and as the same may hereafter be reconstructed, improved and enlarged. 3. Additional Construction. \'~ Any additions to said roadway, such as to extend the existing road- way to the lands retained by STRANGS, shall be shared equally by the parties. J This agreement does not contemplate any additional end further roadway uses o,eher than to provide basic access for STAELKS and„basic access to STRANGS to their remaining parcel, 2n the event of additional uses,"such as for smaller acreages than are presently owned, a separate and further agreement may; if agreed to by the parties, be entered into, 4. Vandeventer Borings and Pipeline. ~_ 7. ~~x ,~~, a,,_ «.w~~ w. ~ .w ~ ~... .. . _ ~ w STRANCS own an undivided two-,thirds (2 /1) and STARKS an undivided oae-third .interest in and to the Vandeventer Springs and 'Pipeline as well as ~. ~.. ~ ,~z,~.~~„~,~.~~., xrY the Durfee Ditch. It is hereby asreed`that'the pnreies"wi1`1 share in the costs of the maintenance, development, and redevelopment of such waters, water rights, easements and rights-of-way therefor in proportion to their .respective owner- ' ships. It is further agreed, however, that any improvement or redevelopment of such waters, 'water rights, easements and„rights-of-way, other than_normal_ maintenance shall not be underCat<en without the consent pf all of the parties. 5. Headgate on Durfee Ditch. By virtue of the,gotice,and requirement imposed by theDistrict~ Water Engineer, STRANGS shall, at their sole expense, install a headgate in the Durfee Ditch in gomplance with said requirement. E%ECD'L~D the day and year first wr ~~ ~2-. 5~,_ , Michael Z. Strang . ~-~ n S. Strang Lou Ellen Stark. :, OLORADO DIVISION OF WATER RESOURCES , , ~ , OfFice Use Only - Form cws-aa (1J2ooi> DEPARTMENT OF NATURAL RESOURCES "~-~ - ~ _. ~ ~ ~ RECEIVED '~ RECEIVED 1313 SHERMAN ST., RM 818, DENVER CO 80203 ~ phone -info: (303) 666-3587 main: (303) 866 3581 fez: 303 866-3589 htt `.!/www watecstate co us 7 ,f rt q NOV 1 4 2 ~ ~~9 k a, e ® 000 gEP 9 2002 wa<a oly~rlrve,ro~ ~lafo~,te RESIDENTIAL Nate.Al=o~~ - , Water Well Permit Application wA7ER RESq)RO~ - Review insVUCtions on inverse sidaprior to eamplsting forma dk i k STATE ~MrEER WATER RESOURCES COLO.- ~ STATE ENeiMEER n . The form must be wmpleted in bla ble b ` oxes 6. Use Of Well check a hca fion 1. A plicant Informa ' p~pl^icant ~ ~r-~ "' e xa Na m Ify See instructions to determine use(s) for which you may qual dw llin il l f ' , ~ ~ '-I N Cg {~ C e s ~ g y e e am ~ A. Ordinary household use m one sing de use) .y. ,r .h~..,,.~„ ,..b.n~,~,~aw: Magi atltlreas (no outsi _. , p ~ b ~(, ,2q ~ " . - - ^ B..Ordinary household use in 1 to 3single-family dwellings: N smm zip mtle Number of dwellings: __ ,.. _ p ~~~' ^ Home gardeNlawn irtigation, not to exceed one acre: (elapaone It )~`~ n~ ~ - ov ~3-9~~3 w~ area Irtigated _ __ ___ ______. ^ sq. ft. ^ acre _ "_ __ ommerciap n- i Z. Type Of Application (check applicable boxes) ng - (no c ^ Domestic ammar water t re) / h/ _....., Construct new welt ^Use exisffng well : ~ range pas u ^ C. Livestock watering (on fanslranp ^ Replace ezisGng well ^ Changeor fncieese use ertnft) i d i ~ Well Data (prOpOSed) on (exp re p ^ Change source (aquifer) ^ Reapplicat Mexemm pumpieg mm Annual emountm cewnnmem ^Ottiec ~ m acre-feet 3. Refer To (if applicable) p mini tlaplM1 ~v© Aquimr feet ~/' mil/ WaPpermeN WMer Ceuncesa ... 8. Water Supplier Desgnamtl Basin nelennmalla,x weu mane Ork Is this parcel within boundaries of a water sernce area? ^ vES~ NO ._ , If yes, provide name of supplier: 4. Location Of Proposed Well 9. Type Of Sewage System "` CO `~a ` ~ va ofNe ~ ?ra 'Y' ~ Septic tank /absorption leach field TowrcNp Q S ~ Ixe~a ~ w, vnnail>aiM~ SeNOn Iry9 f ~ ^ Central system: District name: ___ ___---- d to h l b f ______ _____ __ au e e ^ VauIC Location sewage to Ommrice wellfrom sxtlon liins(sectlon lin~aratypkanry nM{ a~iopeur Imes) .7.0'~ Ft rrom~ N~S G.~ O •~~-TMO"'-^ E~YV ^ Other(attach copy of ehgineering design and report) ..:... Far mplecanmtwailaony-tlamncaaw alm~nrmm aw ~impawwwau : 10_Prooosed Nlelf Driller License #(optional): degree. which is punishable. as a - - 24~-t04(13)(a). I have read Me Zone must tret3 NorNiiq _.,...__ Units moat De Memrs . Damm muM be NAD27 (CONUS) Easting p ~ nam Unitmwllre sNm Weriorm ware poinm ayemgetl?^VFS ^NO 5. Parcel On Which Well Wrtl Be Located Oifci ..„._. ml mplete one of the folbwing. A.YOU must check and cg g ^ Subdivision: Name _~L~~_~.~~~-~_ _____ ---- ~ Lot __ Block ____________ Fling/Unit ___ ___ ^ County exemption (attachcopy of county approval & survey): Name/# ____ _ _ ___ Lot#_______ ,A ^ Parcel less than 35 acres. not in a subdivision, attach a tleed with metes " ` ° and bounds description recorded prior to June 1, 1972 ~ ^ Mining claim (attach acopy NNe ease or arvey): Namel#_ ^ Square 4g acre parcel as described m Item 4 ^ Pamel of 35 or mote acres (aimcn a mates are hauntla daaaipaon or survey) ^ Olhef (atmtll mates 8 bouriea eesmlption or wrvey mi0 wplaOrhO9 eocumenm) 'wE -. B. # of acres N tercel C. Am YOU the Ownxof eta Veire~'1:, . ~. wR ~.VES ^NO (if rp-see irreWCtbhs) CWCB D. Will mis hemeonly well on thsparoelt DYES ^NO('rf no-list aewrweMS) TOPO. E. Smm ParcellOlt (Optlonaq: .. ,• .` I MVIAR name 2. Invoice N 49Bfi24 9/9!82 =-'12:18:86 pN $ ~.0® Check Purchase- #4815 ~~ BA__ MC _ _ _. _ mw v .,.: a~cu-~wr..w.:.~;a....+~w.~~:cr,..:S~'^ew.ray.,ajrrv«aEr[a`k,.,n.u~a.km:u.,.Gap+Ak4m-w%ike4,~`^..:c~a1.,~ua~Cwar - ul+,=m,:. 4,:tet ,~ .. ..-. w.-=. w~ 'rne vnwaaa pw ...... .-_. '. I~ CobrwdoR wl E4iwen Comml, IaC-B-^.-tll) I INIS IS A LEGAE 1NSTNUPAEN(. If N47T UNDERSTOOD, LEfiA1, TPX BN 07F:EE CUUNS:E SUOUCD H£ LDNSU~TED S£FDAE SIGNING • ,. VACANT LAND CONTRACT TO BtjY AND SELL REAL ESTATE (Seller's remedy limited to Liquidated Damages) . December 31 ,1955 i. Theunderaignedagentherebyacknowledgeshavingreceive fr ~n ~dmeS B. R~minger .the sumof$ `~,(~~'0:0~-,intheformof - _._ ~~Er5011d~-C~ECk to be held by_1`'~A_Sd~~t`'~Dfs,$E ~i`jC broker, in broker's escrow or trustee account, as earnest money and part payment for the following described real estate in the County of P i tk T h ~ ' -, Colorado, to wit: A parcel of land situated in Section 14, Township 8 South, Range 88 West of the 6th principal Meridian Pitkin County, Colorado, rriore particularly described in Exhibit "A", attached hereto and made,a part of this contract by this refer- ence. .• ~'~ together with~all easements and rights of way appurtenant thereto, all improvements thereon and all fixtures of a permanent nature currently on the premises except as hereinafter provided, in their present condition, ordinary ' wear and tear excepted, acid hereinafter called the Property. '~ 2. Subject to the provisions of paragraph 17, the undersigned person(s) ~0~1~2q-1•(»-ROfIll111Jei'-8t1(~- 3amec~ ROmingPr (as joint tenants~~rf~ryE~j/r~c~)Syfi~g4~,hereinaftercalled~ Purchaser, hereby agreesto buy the Property, and the undersigned owner(s),.hereinaftereslled Seller, hereby agrees to sell lire Property upon the terms and conditions stated herein. 3. The purchase price shalt be U.S. $ '+~ ,DDS - n~ ,payable as follows: $1,DOD_.1)0-hereby receipted for; $49,000.00 in cash or. certified funds from a local bank, plus Purchaser's customary closing costs, at the time of delivery of deed at closing. apply for such loan, (b) execute all documents and furnish all information and documents required bythe 1 • r, and (c) pay the customary costs of obtaining sac)) ]oan. Then if such loan is not approved on or before , , -. 19_, or if so approved but is not available st time of closing, this contract shall be null an and all payments and i things of value received hereunder shall be returned to Furchaser. ti. If a note and trust deed or. mortgage is to be assumed, Purchas grees to. apply for a loan assumption if required and agrees to pay (i) a loan transfer fee not to exceed $ and (2) an interest rate ~ not to exceed % per annum. If the loa a assumed has provisions for a shared equity or variable interest rates or variable, payments, this contr s conditioned upon Purchaser reviewing and consenting to such provisions. If the lender's consent t~o a assumption is required, this. contract is conditioned upon obtaining such consent without change in the rms and conditions of such loan except as herein provided. 7. If a note is to be a payable to Seller as partial or full payment of the purchase price, this contract shall not x be assignabla rchaser without written consent of Seller. g, ~ . sf.ahc4.nb • ' •. t ka~l4lra-p~'r3Jrt _. I _. No. SC ."S-2Sfl. iY)!V'rRACT TU BUY AND SELL P.l;.tL EcI'M1Y!f (~S+un/ Lmd). ~ Y 85 ~) Brn.'(aN ru .s4mg. 5aZ4 W GA Avc., I.atrnvod, CO 50214 - (W3) 2)].890:1 ,.. _ ~ _,. 9. ~,y`r~l/~'1J~)l~Y~(~tf(~~( V,)/1~17~~1~r~~'/~~~l~~~yfi~t7('7{~((f(f /' f}{. current~comm"~^nt for title tnsuranae policy in an_..li i / nrriountoqual tp ihc,ptl7?4l?as.e 1 itige;:nt ~sll}n~~'s~/~~5.}(,/,/t}i}4r,~esL,enve; shall he ti."~r'nished Co~'urclinser on or before ~ __._Februaryrl~2-__ __-,~3&~>1~/9'~~~/~/s<t,Y/~~>S~r~7~~7~r?Y`;<YY~`,~Y>R'~v~'~>~di«fs~~senerw;il -. deliver the titleinsq f'~?1ffi`~:DNj}eg iQ;Pprr~hxscr-fitter closing:and p:(y the premium tfierean. 10. Thedate oCckr@,il7 Fi r~yalli}~y,tlae ,(:dte.£~{g~dyliver±.~ oPdeed, as provided in paragraph Ii. The hour and place of i closing shill be as dt s(l..til!ioll h?Yn _tbEn ~e~~('±M+'-anC~: P11~C~.T.d.42r.. .. :.... ' 11.. Title shill bt nlgC~b tut salt{t ~?t1S',llet cr:cppt asstated in this paragraph and in paragraphs 12 and 13. Subject to payment or tends t ps ~thovc pt agiyl(d and pontplinnce by. Purchaser with the other terms and provisions hereof, Seller shalt executo arty!, dplvvol x,,gaptj ~artd.;sufficient gp~eral warrnnty deed to Purchaser on -F86CUd1';)/-2~_- 19$).;_ or by~myLpaF agreement, at an earlier date, conveying the Property free and clear of all taxes excepQ;Ehe. general tatFQs.€or the year of cJosi7r~ and except free and clenr of all lieng l(tr spar.(~rl,impnggpmepts.installed as of the date of Purchaser's signatuae hereon, whether assessed or not;free,and,al.ear eCall,iieps,and,gncpmbrances;}t~(~,(~ except the following ces,t rac.,tiup EeYi6prys;tsy$)iG.h;dp,notcpntain•a. right of reverter: NOf12 and except the followngsgee7ficxeeorde(l:pny3lpr,apparent;easements: and rights Of Wdy Of d pub! iC or private na~lire~now,;s~tuate~and/or~irr use; U.S. Patent reservations and excep tions of reco~'d~whi~il-do,not;,rgader-th~ bale unmarketable and subject to building ant!, zoningregulµt)oz)s..;, ~~ 12. Except as stated. i.n paragraphs}k and l3~iftit}eis;not merchantable and written notice of defect(s)is given by Furch aser or Purchnser'sagetat tq Sellen nr,Sailer's:agent on or before dateof closing, Seiler shall use reasonable effort to correct said de(©ct(s),prjor, to.~atp o(,plpsing_If'Seiler is unable toeorrect saiddefect(s) on or before date of closing, at Seller's option and upon wcntten.notice to Pureh aser or Purchaser's agent on or before date of closing,the date of closing shall beextended thirty days €or the.purpose.of correcting said defect(s). Except as stated idparagraph 13, if title is not rendered mershatiain~le; as.proylded inthis=paragraph 12, of Purchaser's option, this contract shall be void and of no effect andeaeh parity .horeto Fhall be released from all obligations hereunder and all payments and things of value received heceundershall be,r@taarned tp Purchaser. 13. Any encumbrance. req,trire¢,to pe paid„may be; paid at the time of settlement from the proceeds of this .transaction or from any~other,sogrce „Provided, however,. at the option of either party,if the total indebtedness- secured by liens on the.Prope~rJ.y pxgeeds the.purchase priee,.this contract shall be void and of no effect and each party hereto shall be releasedfrum all ol~i;>m~taol)s,);t¢repgdeF~nd.all.paymentsand things of value received hereunder shall be returned to Purchaser. 14. Genera] taxes.fo;,the-yea,r,of,yl.osing,based an~theamest recent levy and the mostrecent assessment, prepaid rents, water rents, sewer~rentsa~HA_.(no~;Lgage-insurance premiumsand interest on encumbrances, if any, ~f~(y shall be apportioned to date of delivery of deed.: Y5. Possessionof.Lbe;Pwpe~lzy;sha]I be de]i}eced to PUrciraser on. date Of dE?11V2rj/ Of. deed subject to the following leasesq;~ter),a~r~cigss:. NOr~ga' 16. In the event.ihe.. Prope;rLy~as.FtkbsL.~t,(tially,damagced: by fire, flood or other casualty between the date of this contract and the date of-deiivary.ot deed, iPrntchaser-m ay~elect to terminate this contract; in which case all payments and things of value received her~ta.ndershall beeturned to Purchaser. 17. Timers of the essence hecao$~If anynpte pr check received as earnest money hereunder or any other payment due hereunder is not paid, honored,or tendered -when-due, or if any other obligation hereunder is notperformed as herein provided, thexe.shall betl}a Go?1p'lli?t!f sea~edies__.. (a) IF PURCHASER3S 3N~DEFrtFjLT~rt}ten-allpayments and things of value received hereunder shall be forfeited by Purchaser and reiained.on.behalf of Seller and both parties shall thereafter bereleased from all obligations hereunder.It tsagreea that,sych-payments and things of value are LIQUIDATEDDAMAGES and _ ... (except as provided;n subparap•raph. {c)):aretke:SE:I;,[;,ER'S SOLE A'.4D ONliY.REMEDY for the Purchaser's failure to perform,the.,pb)~gatiaP,~,pf,~thi~;gaptraet;:cellar expressly waives the remediesof specific performance .. .and additional damages. (b) IF SELLER I9IN,DEFAit1LT,{1)Pnrchaser may elect to treat this contract as terminated, in which case all payments and thins of vala~e;ie(,aiyed..hereunder shall be returned to Purchaser and Purchaser may recover such damages as may. be prppea;, or (2)-Pv-rc}xaser may-elect to treat this contract as being in full force and effect and Purchaser shxll.ha.7e the right to,an actiontorspecific performance ordamages, or both. (c) Anything to~ the contrary ,herein-netwiLhstanding, in the event ofany litigation arising out of this contract,the courtm av axtapti.jn.,the,pratuyi.lingparty-aJl, reasonable costs and expense, including attorneys'feea IA: Purchaser and.,Selleragreeahattin thoe¢ent of airy controversy regarding the earnest money held by broker, unless mutual written.instrucftw7t}s i~e~grd.bybFOker; broker shall not be required to take any actionbut may await any proceeding, or at.brpker's gpLion,ngd~dtacsWaon, may-iirterplead any moneys or things of valueinto court and may recover court costs and,~;aso_r~b,~g;gttog,;(Q~y(e'Jeea.;. ~ " .. "~F.* ~ z-n ri tq w y3/ ~ 8 .. ' x ~ ~~~'" r3 ' -' "-~ sm ~ s a ~ y ,~ ~ i BL ~ b ` .~~y~ __S ~... i.s ~ ,...L udPA+wdl~'33~i Y1 dfm4~nYJ'C "C.B .. • t~ 19.~AdditionatpTOVisidna: Thls contract..is contingent upon the following: 1. Seller receiving financing frcm a lender of her choice by February 20, 1957.{ In the. event of any lender delay this contract and all dates herein will: automat] be extended for thirty (30) days. 2. Seller receiving approval from Pitkin County for a 1041 review by February 2q All costs of said review will be the responsibility of Seller. 3. Seller at her expense shall have the corners of Parce,l`A flagged by a licensE land surveyor at least seven (7) days before closing. 4. Purchaser receiving Pitkin Cdunty's approval of the proposed building envelo~ Parcel A and for obtaining a building permit for said site from Pitkin County. ! 5. In the event any of the above conditions are not met, this contract will be and void and all earnest monies receipted for shall be returned to Purchaser. 6. It is also agreed that Purchaser and any subsequent owner of Parcel A for a ~ of twenty (20) years will not cut 'down any live trees north of the building site] first notifying and obtaining permission from the Seller in writing. Said permi~ will not be unreasonably withheld. 7. This contract shall survive the closing. 8. Seller warrants that he is not subject to withholding as defined under Tnterr Revenue Code Section 897 (Foreign Person Transferor) and will execute an Affidava prior to closing. 9. It is hereby agreed and understood that .Purchaser, Colleen Rominger is a duly licensed real estate salesperson in the State of Colorado acting on her own behalf. 10. This contract is contingent for three:(3) business days upon Purchaser's attorney's review and approval. ~ 20. If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before . _ .lan~ia rvrv 7 , 19~Z, this. instrument shall become a contract between Seller. and Purchaser and shalt inure to the benefit of the heirs, successors and assigns of such parties, except as stated in paragraph 7. /1 ii: /~ Broker MASOI`L~M~R$_E~__INC.. ......_.., co:~-rye K. `Rominger ~ ....~ Purchaser Jard s B. Romingew °"` Colleen Rominger Purchaser's Address fn Crystal Rd. Carhnn dale. CQ_$1628 (The following section to be completed Seller and Listing Agent) ~~.,,,/~77 21. Seller accepts the above proposal this day of_ ~~< iii ~A/,~;]_ , 19~,~~if u~~~ ~'1^P~~'Y~~~~7t~~~7~fY>~I~f~f7~Y bP1~7`~l9'~5"~J~ "`" $tdceyAUgensteln s""" Seller's Address _2253 Cabin Drive. Carbondale, Colorado 81623 ally 1987 on 11 rind ithout ion Listing Broker's Name and Address ~ 1 '• ~~ 1 ~ data ..k~*~Y%r •e.,**+"s~: 4 ' .., 'r ~, :• ~ v ~ t '~^`Y'y :,M1, 5.eti .w Y~ "" ~•' arc ~ ~ e ,n .~ . ...r e. t. "" 1 rr ~.. . ,• e.'ih. .. w~~S .r .. 4.i a• ys b. 'tA.para~el1: o±' land situy#ed in ~ec$,.on i rt'the 6:~ Principal hieridzar. Fatkir~ f qur cribed as follows `Comirencing .at the• Weet Qtiarter,~ornzz'. 1?".=E 2+70 3~, ~'ee~ :tb the.,~rue Po~-nt c 811:20 feet, thence N "O1p02'0?" E X20, fir`-feet thence S 84°~.~`~8" ~~. ,~+i.SE ~gei t•~ having a radius oS 30. •~2 Seet •ac~d a e - lergth,ro,f Z10,80,,feet~ ~ the choY'd o#' wt ^: thence ,arp' Q~°.35'09'.,,E,102,bk f~~t ~O t? :,5 2 acre's more or 1esP. .- .~~ ~''>'S ci~.. ~' a ti~ `ti {,, t Kc ~ 'FL 4 ~ ~ tl .~M{~' " x Y _ ~ a ~F~ sowr~Yhip E tau*h,y ~taflge 88 West of : +' ty, '4a#.prado, mere par,~.eu2gely dies , +y P t 4.,:,° a#1' ~f,' i ~?..:; a '~* i'i'i' 3 .: o~ ~aci Seet~.q~ 1?±, .tFie~ee° $ ?c5pi8' ,TM,; ~f ~3eginnin~;t 'thence S ?~°58'2" ~ ' 9?,feett thence N ?9°58',24" E ~~9:62 , ,;, theX~ce along a curve tP the 7,e~t, :: . en~ral angle:~~'20®,50'9"~ an pro t3.ch,. beaTr S ~2°,$0'"25' W i~,39 i'eet, ;e ~t~e pPint ~'~ begnnin~y_ ca{tta~r~ing ;~~ ..yy , ...~.En 1ro_P~'zY> ..Ca'.~., `v~.e,, x:~ r~2 :. .z.'x.:.. v ~~~.~ COUNTER PROPOSAL ~~L pROPOSED CONTRACT FOR TAE .PURCHASE OF PROPERTY DESCRIBED AS: A parcel of land situated in Sec. 14, `' v....~ ~,~ .~._ .. T. 6 S., R. 88 W. of the 6th P M., Pitkin County, Colorado, more particularly described in ,Exhibit A,' attached hereto and incorporated herein by this reference, A~tween STACEY AUGENSTEIN, hereinafter referred to as Seller, and ~j7LLEEN K. ROMINGER and JAMES B. ROMINGER, hereinafter referred ~n as Purchaser. The undersigned Seller accepts said proposed. .contract, ,~s~ject to the following amendments: 1. Paragraph 4 of the proposed contract shall be amended: bq provide that theprice shall_include vacant land only, y~gether with the following water rights:. (a) An undivided 1/12th interest in and to the Durfee ~~$tch and .water right decreed thereto in C.A. No. 1300 dated f)Ae 11 , 1919, said ditch being numbered 155AAB-1, with priority }~~~mber 226AAB-1 in Water District No, 38 Prior to any useby ~ir~rchaser of such water right, Purchaser, at their sole expense, ~:nall install the necessary divider boxes, or other facilities to Ppsure to the satisfaction of Seller that the interest in the .g ~fallsbeddeliverablectoWtherrealhproptairiecT`'by' Seller's mother" ~).~ erty owned by Seller's ~;y>ther to the north of the subject property. Upon closing of ;;~iis transaction Purchaser shall become responsible for their pro v,.~ ._ _. rata share of costs associated with the use, maintenahc,e and repair of the aforesaid burfee Ditch as 'required by law. (b) Three (3) gallons per minute of domestic water from the Van Deventer_Springs water right as decreed by the )):strict Court in and for Water Division No. 5 in Case Nos. W~~2566 and W-2567: All costs associated wi£h utilizing such y~ater rights upon the subject property shall be borne""entirely by ))urchaser. (c) The water rights to be conveyed hereunder shall rye conveyed by quit claim only, without warranties of .any kind. _ _ , .a .. .. ' ^ ~ ~.. s ,~ 2. Paragraph 11 of the proposed contract shall be amended.. to provide that the deed to be delivered to Purchaser shall ' "cohtain the_followj,ng restrictions:. (a) Any structures to be built upon the subject' .property shall be constructed and designed so as to minimize interference upon the view to the south from the existing residence upon the property immediately north of the subject property. A maximum building. height limitation shall. be imposed hpon all .structures to be built._upon the subject property and stated in the deed, which limitation shall be determined by the parties in cooperation with a surveyor or other consultant, as necessary. ' (b) There. shall be no driveways or other access roads. constructed. upon the subject property except within 75 feet of the southerly boundary of such property. (c) For a period of 20 years from. the date of deed, Purchaser, their heirs. and.. assigns, shall hot cu t. down any live.. trees north of the building envelope on the subject property without first obtaining the written permission of Seller so"to do. Such permission shall not be unreasonably withheld. 3. Paragraph 19 of .the proposed contract shall. be amended..,,,.,, to provide as follows: This contract shall be contingent upon the following: (a) .Seller and/or her mother obtaining a loan in an amount not to exceed $150,000.00 upon terms satisfactory to her by February 20, 1987, for the purpose of refinancing an existing obligation upon the subject property and tract of land immediately to the north. of the subject property, so that Seller may obtain release from said existing obligation of the property subject to .this contract. In the event such loan., is not obtained .._~ by February 20, 1987, there shall be one automatic extension of 30 days of this contract and all dates set forth herein ~~ (b) Purchaser and Seller, shall cooperate in making application for and obtaining approval of Pitkin County pursuant. ,to its Section 1041 review process. The parties understand that. if successful, a result of this process shall be the desigantion of a building .envelope upon the subject property. The parties shall both have the right to approve or disapprove the building envelope authorized pursuant to the Section .10,4;1 process, and, in the event ..the Section 1041 process. is not successfully concluded A ~ A.w-r. ^+-'~'* ~,:+v^rt v,V?a. h~ nwr ~~ vsv ,..`.E'..u"~:um%...aa."xuf..~k^~"'~'~ ~` ~~~ ~ •Hw and the resultant building envelope approved by both parties by s' February 24, 1987, then this contract shall,be, null and void. All costs associated 'with the Section 1041 process sha11_be equally divided between Seller and Purchaser. ;( , (c) Seller shall at her expense have the corners of the subject property flagged by a licensed land surveyor at least seven (7) days before closing. (d) In the event any of the above conditions are not ' __met,,this contract shall be null and void and .all earnest monies receipted for shall be returned to. Purchaser. (e) All provisions of this contract.. shall survive'ttie closing hereof. (f) Seller warrants that she is not subject to withholding as devined under Internal Revenue Code Section 897. (Foreign Person Transferor) and will execute an affidavit prior to closing. (g) It is hereby agreed and understood that Purchaser, Colleen Rominger, is a duly licensed real estate salesperson in the State of Colorado-acting on her own behalf. All other terms and conditions of the proposed contract shall remain the same. If this Counterproposal is accepted by Purchaser, as evidenced by Purchaser's signature'hereoh, and if Seller receives notice of such acceptance-on or before January 15, 1987, the said proposed contrac£, as amended hereby, shall become a contract between the parties. ~i~Cg e Q ~J a ter. C~2-~...,L___,) S ACEY A2jGENSTEItd The foregoing Counterproposal is accepted this ~_ day of January, 1987. COLLEEN ROMINGE Y ~1i~=~si/~ p ~'r JAMES B. ROMINGER PURCHASERS -3- .. _, a,w TNIS IS A LEGAL INSTRUMENT. IF NDT UNOEIISTDDD, LEGAL, TAX OR OTHEP CDUNSEL SNOULD'BE CUNSUjED SEFDflE SIGNING. COUNTERPROPOSAL -~ _ RE: Proposed contract for the purchase of property described as: A p d r C e l O f l a n d situated i n Sec. 14, T.8 S., R. 88 W. of the 6th P.M., Pit'kin County, Colorado, more particularly described in Exhibit A, attached hereto and incorporated herein by this reference also known asnumber situated inthe S' Colorado, dater Seller _,"Purchaser The undersigned Skdek accepl's said `proposed contract, subject to the following amendments: Purchasers accept the Counter Proposal of Seller dated January 13,' 1987, except for the following amendments: 1. Paragraph 2. (a) shall be changed to read as follows: The strucr ture to be built upon the"subject property shall be a rahch style house with attached garage and will have a garden level basement built into the side of the hill. Any accessory` building will be placed to the south of the house and°wiTl not exceed the height of the roofline of the said ranch style house. 2. Paragraph 2. (b) shall be changed to read as follows: All drive- ways and other access roads constructed upon the subject property shall follow the driveway easement as specifically depicted on the 1041 Special Review ~•iap, attached hereto and incorporated herein by this reference as Exhibit 'B'. 3. This contract. is contingent upon Purchaser's satisfaction that lawful access to the subject Property"exists and that said access will be conveyed `to Purchaser by Seller at the time of delivery of deed at closing. ii ~~ I~ I f '~ Seller All other ter)ps g con itions shall remain the Game If the c unter 5.0: oral is acce tied ti ~i)il~ ~s~~ ~JP.A.I~Pt~~~ /F'UC(:hd5e~~ p. p P Y o~i as evidenced by P{, ~clfi~s r s )g a re ereon, and if~El~e rece)ves notice o such acceptance on w• befm~e J a n u a rY 2 3 , 19 $ ,the said proposed contract, as amended hereby, shall become a contract between the parties. serer Staee Augens teen sever 23rd Januar 87 The foregoing counterpropo al' accepted this day of y 79,x. Purche,er OT ee Romin r r~renvRrr ames llominger L£1_his counterproposalis- ' "` }fisting-t,roke,-n-cr~mmiasTerr•af-- the purchase price for services in this transaction, and agrees,thaC; in the event of forfeiture - .._ of payments and things of valuer reunder and under sai~1 psopnse8 con U•act, such payments and things of value shall be divided between Sellerand listin '.. one-half thereof to said tiroker, but not to exceed the -___ commission, and the balance to S - - ~ `` ~ - --:...:... "N.B. ottvtesrlmedbpSelter:- This counterproposal must be securely attached to said proposed contract. NO CWD•2•SI COUNTRRPROPQSAL:. DradWrJ Puhii,hinE Ri 58?5 w Gih Ave.. l.uk v xul. C hxaJ,i:80 i{ - 1 i011 ?7} 69W i.8{ --- ~-... 9eceotton no ~,,, 23261li ~ RerAMed ,•, l:04CM May S• T98T Loretta Banner _..... Recorder `. - STR1S BlE-M[::T11P t(1 ...State Documentary Pee S ?i. to MAY OS 1981 ~~(~ ,.. 1~ SCT NARAAN'fY DEED a_~ _.,_ .._~.~ JOHN O. STARE snd-LOO 8LLEN STARE, whose addze ~s is 0253 Clbin Driw,Carbondale,Coloudo, 81623, for the oonsidlration of One Eundred Dollara and other good and valuabilcon~iderltone,in hand paid, hereby satl and convey to MORTON ADOENSTEZN, as hL sole and saparaU property, r3 - .,> ~,,,, vhoee addreu is 103 Marion Avenue, Saueilito, C,.aiforhia, „a.r,~ ,. i^"~" '~~ 81465, the follorlnq real property3n the Coulty of Pittia, 5~^ 8tab of Colorado, to wit: ~_ ~"~ ~ A yarallof land situated Sn Lota 12,7,and 9, Section '" '`~ ~" ~, -`'-1{, Township B Sonth, Range SS pest o! the 31xth "" ',~. ,~ ; ,,,~~rinoipal Meridian, Pitkin County, Colorado, more: particularly dasrribed at Lollowo "~`~ ~'Y`d "" ~~: ~.:. Coroenalnq at the Meet Quarter Corner o! said Section 11, ` ~-~ .~ ,»-r~~tappNUrae B. 76.18' 17" E. 2,{70.38 -!''eQt- to the Traf Poi_ nt of ~`" ~~ ~ ~hMait 8~.179•SB'21" N. •11.20 fsatt ~ ~r ~"' Ol•~12' 07• E.'"1196 3I fietr v ~' '~~ ~~~ # t!•S`6'S6• E. 1516 2S .wtr '~" i oq'•Y6*59" s. T qa [e•rT ~` ~ ~ ~ ~~1~polt d 31~•S'1'"10~' E..80 20 felts rv°`~''~ • t7H7!?y y"~T'~, ar'""xt~"w» N. ~66.63•IS" N. ~i6 90 sects ~ ' ~%~'~.`.~"` ld"Y. 82•07'6d" N. ~3§3.9!"fNtr " .... . i z~ ~ x'36 00'00• E. 125.00 fNtJ " `' "' 1 y; t heirs, , ~ ~lea# •-onrw tO the rigliE, having a radins'O>;' '27 ~'~ "~° ,~' ~ NR!"'$AC eeatr;l in;('ie o!r 79•$8' 31", a distance of `176' 1~ ~ "'~*~" ~ ~ r ., y ~~~ t1 2~•Sf'31! K. 182.90 lMtr °' " +~-~~a%'~ ,,, ~2, ~~ iletn4 s".Curve to the lel having a radial of 301 ~52 v~ st end dwtral angle of 30.73'{0", s distance of 162 (3 `e' ~,~~^llNlidt 1. X7.35'09" E. 102.64 feet to th~Trw Point o! ~ "" „~~,~%legilainq. Mlth 1111 its appurtenance and ~wairant Title tc the sae3, --"~ r""'°~ h~~ g ~P ea`l~~eet toy ~ j ~ ~, ,. <~w 1'CN!`1Vatioas, auementa, 'ghts of way, covenenta and aaetrictiem~ ,,; Ot iaODrd `or of vae'and 1981taxes due and paylble in 1932 "' Ahioft.t.M._"6ran_re'~assumssand agrees"to pay. lgle Grantors alto eoawy td "the" Grande, by g6itc~alm only "' and vitbout warranty of title, llloftheirinterestin and W tM Vandewntsr Springewater right es confirmed unto ' them by Decrpof the District Court in and for Mater Division NO. S, 9tlte of Colorado,"Casa Nos.w-2 snd 2567, dated November 11, 1976, except and reserving nto ~ Grantors ~ - six 9allona per minuteot the .intfift~en Y15) gallons per ... n ,~„,.,. ~_ .. y ` _~ F.a~ ; - ~ i4G8 ,:~ 15 :, ~,~ ainute"of saki water righEproduaed by said spring, which ~., ,.'~~ water righu are r~grved unto 'the Gznntorstor themselves, their Mlra, aucae~aore, aru! usign~. 82fiNED chi• ist day of April, 1951. u ~E . e~. ter j tSTA1'S OT C01n')RADO ) , ~ ' r~ ~+a ,~ OOtlSTY Of 2iliRlTZLD : ~ •s. "~ ~,~ `, ~~`~idf~arfbed and sworn to 1»fo;s aie ttiU lit d'ay of '"""~'~ y k prf2. 1S11~iy John C Stark. and Lou Ellen Stark, ~~+ '~ i , >.~ tid~i mY danQ{an7C o!llaiei seai. ; «~ „r ?! za,xmasn~ ,. ~;, .v ~. .~~ ~ > JJI '. ,~, ~ otary c a~. =fix, ;~ 1 r ~. a a'~ ~,r ~'^dk ~~J~ ~p~~~yy S'T` r•~i ia~es,~ ~>1J SA """.Y- CV }b hTM., ~fi ~ i i f"Y 'T'6 ~''' ,kM ' ~ ~ ~ : .~ e a...;, i?xd44 1' x'C,~i`> v .?I. `~; ~i a J' ~: ;i .r xz''a's ., , ~ ~:.~~ ~" _ '~-' " Parcel "A" A parcel of land situated in Section 14, Township 8 South, Range 86 West of the Sixth Principal Meridian, Pitkin County, Colorado, more particularly described as follows: Commencing at the West Quarter Corner of said Section 14, thence S. 76°18'17' 2470.38 feet to the True Point of Beginning; thence S. 79°58'24" W. 811.20 feet; thence N. O1°02'07" E. 320.97 feet; thence N. 79°58'24" E. 349.62 feet; thence S.•86°15'58" E. 441.58 feet; thence along a curvy to the left, having a radius of 304.52 feet and a central ang~e of 20 50'49", an arc length of 110.80 feet, the chord of which bears S. OZ 50'25" W. a distance of 110.19'; thence S. 07°35'09" E. 102.64 feet to the true. point of beginning, containinc 5.2 acres, more or less. E. This description was prepared from a deed by others, not from a monumented field survey. w., ,._, -__ - a'*a ' 1041 REVIEW FOR 5.2 ACRE BUILDING SITE ON STARK MESA The electricity to subject Property is supplied by Holy Cross Electric. The lines are to be buried underground from. the terminal box which is located at the Southeast corner of the Property. There is no natural gas available. The trines for the phone system are likewise to be buried and are also .located at the Southeast corner of the Property. The domestic water is supplied from the VanDeventer spring. Stacey Augenstein, hereinafter called Seller, has agreed by contract to allocate 3 gallons per minute of her portion of 9 gallons per minute to subject Property. Her rights to this spring are shown in the deed. attached hereto and incorporated herein as Exhibit "A". Division of Wildlife officer, Kevin Wright, has reviewed the Property and has recommended that the sagebrush and other vegetation not°'be disturbed below the "edge of native .vegetation" line as depicted on the contoured map of the area. Access from County Road 111, also known as the Prince Creek Road, to the Subject Property will be given by Seller at the time of closing. The proposed septic.. system will be a conventional one and will meet the requirements specified by Bob Nelson of the Pitkin County Environmental Health Department. rte'".~ i - ~<.~ IN THE DISTRICT COURT IPI P_ND FOP. WATER DIVISION N0. 5 STATE OF COLOPADO Case Plo. W-2566 W-2567 f- , I;r:::..... .. . '7 $ _., _. .~. _:, :. . IN THE r~TTER OI' THE APPLICATIOIQ FOP. WATER RIGHTS OF DAN N`. HANDY; IN PRINCE CP.EEK, A TRIBUTARY TO THE CRYSTAL RIVER, TRIBUTARY TO TH.E P.OARII`IG FORK RIVER, IN PITKIN COUNTY, COLORADO. RULING OF REFEP.EE ~c:un`ti' 1Ll/ The above entitled applications were filed on ._ /'T~i ~--Y~, and were referred to the undersigned as I~•?ater Referee for Water Division Ido._5, State of Colorado, by the Water Jude of said. Court on_the_lst_day of PIovember, 1976, after stipula- ~tion agreement between the parties, in accordance with the Water Right Determination and Administration Act of 1969. And the undersigned Referee, having made such investi- gations as are necessary to determine whether. or not the state- ments in the application and statement_of opposition are true and having become fully advised with respect to tt:e subject matter of the application statements of opposition and stipula- tion and agreement of the parties, does hereby make the following determination and. ruling as the Referee. in this. matter, to wit: 1. The nature of these applications is as follo~.~s: ~~ a) Case No. F7-2566 This is an application for a supplemer_tal point of diversion of surface ~•~ater rights, designated the Handy Pipeline and adjudicated to applicant from Prince Creek, a tributary to the Crystal River in Pitkin County, Colorado, in ~ I ." Case No. Gv-1730 and Case P•lo. W-2106. The supplemental point of diversion applied for is a shallow well designated "Water Source No. 2", whose source is an alluvial aquifer tributary to Prince Creek and located on applicant's lands in Pitlcin county, Colorado. b) Case Dio. G~i-256T This is an application to establish .an additional supplemental point of diversion for the same water rights. The supplemental point of diversion is a series of four springs tributary to Prince Creek designated D N Spring No. 1, D H Spring PIo. 2, D H Spring Pvo. 3 and D 1-1 Spring Pio. 4, and the source is the same alluvial .aquifer tributary to Prince Creek. The supplemental points of .diversion are located_on applicant's lands in Pitkin County, Colorado and applicant has (previously obtained an original conditional decree. for 0.8 ic.f.s. for these springs in Case PIo. W-2111, GJater Division t•o.~ j5, State of Colorado... 2. The legal description of the supplemental points ~of diversion applied for is as ,follows: a) Case Plo. W-2566 A point in the SE4SW4 of Section 13, Township 8 South, P.ange 88 West of the Sixth Principal Meridian located at a point whence the Section corner common to Sections 13, 14, 23 and 24 in said Township and'Eane bears S. 75°00'57" W. 2579.81 feet, Pitkin County, Colorado. b) Case IQo. W-2567 D H Spring PIo. 1--said spring is situated in the SW4SE4 of Section 13, Township 8 South, Range 88 ldest of the Sixth Principal Meridian located at a point whence the Southwest corner of said Section 13 bears S. 86°40'30" W. 2864.22 feet. D H Spring No. 2--said spring is situated in the SW4SE4 of Section 13, Township 8 South, Range 88 West o.f the Sixth Principal :4eridian located at a point whence the Southwest corner of said Section 13 bears S, 88°20'34" G1. 2877.24 feet.. -2- D H Spxing No. 3--said spring is situated in the SW~SE4 of Section 13, Toumship 8 South, Range 88 Cdest of the Sixth Principal T4eridian located at a point whence the .Southwest corner of said Section 13 bears S. 89°28'25'' t•T. 2884.80. feet..... D H Spring No. 4--said spring is situated in the NW4NEu of Section 2/+, To<<mship 8 South, Range 83 West of the Sixth Principal Meridian located a.t a .point orhence the c?orthu.*est corner of said Section 24 bears S. 89°39'09" E. 2892.70 feet, All in Pitkin County, Colorado.. 3. The applicant, Dan M. ?-iancly, is deceased and Helen S. Handy, personal representative of the Estate of Dan T?. Handy, E03 West. Third Street, Rifle, Colorado .81650, should be substi.- 'tuted as applicant i:~ these actions. 4. The objectors are Thomas R. Turnbull, Michael L. Strang and Kathleen. S. Strang, and John G. ,.Stark and Lou Ellen (Stark 5. As stipulated by the parties, the o~ater rights (pertinent. to these applications areas follows: a) Handy Water P.ights: (1) Handy Pipeline: Case T.•±o. 1%;-1730 for 0.95 c.f.s.,-for which decree was issued on August 9, 1973, awarded conditionally, with appropriation date of .December 1, 1972, for domestic and irrigation purposes. Case D?o. W-2106 alternate point of diversion for N.andy Fipeline. (2) D H Springs: D H Spring TIo. 1 (0.20 c.f.s.), D H Spring TTo. 2 (0.20 c.f.s.), D Ti Spring No. 3 (0.20 c.f.s.) and D H Spring No. 4 (0.20 c.f.s.), for which decree Boas issued in Case T1o. W-2111 on July 5, 1974, for 0.80 c.f.s., awarded conditionally, with an appropriation date of October 31, 11973. b) Stark Water Rights: G:35 c.f.s. of the ~zaters and water rights adjudicated to the Vandeventer Spring Ditch, Ditch T:o. 104A, -3- ~~ ~• >• ~ f I ~ Priority Tdo. 145A, Water District Tdo. 38, State of Colorado, in Case Ido. 1001, District Court, Garfield County, Colorado (under I the stipulation, Strang has conveyed to Stark .the entirety of his interests in the Vandeventer Spring Ditch). c) Turnbull Water Rights: I 0.5 c.f.s., for which decree caas issued in I~ Case Tdo. W-1805 on T?ay 13, 1974, with an appropriation date of December 31, 1963, for irrigation and livestock water use, 6. The objections heretofore filed have been withdra~~m i ;pursuant to stipulation. i 7. Pursuant to stipulation of the parties, a new,. combined water structure or structures, to more efficiently use the foregoing fiandy and Stark waters., and water rights, and the. water rights which are. the sul:ject matter of these applications (hereinafter called "new system"), has been agreed upon and constructed by the parties. 8. The foregoing Fandy and Stark waters and ..water Ilrights and the water rights which are the subject matter of - these applications have been pooled into the nedi system and hereafter such collective water rights of the parties shall be used as follows: (1) The initial _15 gallons of water per minute of time (GPM) shall be provided to Stark; (2) The next 45 GPM shall. be provided to 4andy; ~ (3) The next 14'L_GPM (aggregating with sub- . paragraph (.1) hereinabove, the Stark 0.35 c.f.s. o~ the Vandeventer Spring Ditch, Priority Tdo. 145A), shall be provided to Stark; and (4) Any and all other waters, according to the (foregoing water rights and which can become a part of the new ,system up to the extent of the water adjudicated to T-`_andy and StarT., shall then be provided to Tandy. -4- 9. IVew System Easement _. handy shall execute and deliver a deed to Stark for a nonexclusive easement for the installation, operation .and maintenance of the new systen, together with necessary easements for the existing system collection facilities. 10. The Court reserves jurisdicton_of the parties and the subject matter of this action to enter_.any and all appro- priate amendn?ents, to, this Decree to riore specifically describe and locate the features of the new .system as may be appropriate. The Referee does therefore conclude that the above entitled applications should be granted and that [Water Source No. 2 as above described under Case Iv'o. G1-2566 and D F Springs No. 1, ~, 3 and 4 as above described under Case ldo. [^'-2567 are awarded as supplemental-.points of diversion for t'nose ~.7ater rights previously awarded, to the Eandy Pipeline under Case T'1os. [d- I1730 and W-2106 and subject to the .provision of the stipulation Viand agreement between the. parties above recited. IT IS ACCORDINGLY 6£cDERED that this ruling. shall be filed with the Water Clerk and shall become effective upon such filing, subject to judicial revie~~~ pursuant to Section 37-92-304 C.R.S. 1973. IT IS FURTHER ORDr;FED that a copy of this ruling shall be filed with the appropriate Division Engineer and the State Engineer. DONE at Glenwood Springs, Colorado, this ~ 7 ~ day of ~(~~-~~---' 1978 . BY TI?E REFEREE: Wit efere-e [dat r Division Ivo. $ State of-Colorado u 7~ { /!G/CC" /1 Cc»~i~+~~ O.r,.~ o~li~/a~.J an ~ t~,t~c a l A ~ ,C f/ J G%.~~f" SJ GfCr ~ 7~ ~ Clsa/i ~rn ~9d ~ ~~ /~GS•JRI /~.~~m.'//~17 p IJ (ft/Lr'C O ~ I / / / ~ ~ /ttiix/rFUip ~rr» j O~„i frir' ~%t~ Of /~t/91G"•'Y~~('~l /I .f/tA~/ Ny./ UGiCd.~: / ~lrrr,~L'~~i C/!/' /il -$ ~/.a.. ~' eP /tnrtPr ~/fqr•:! Sulcca' ~y J%/G L~ ct'l' , RICHARD D. LAMM Governor OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303)866-3581 March 2, 1987 Ms. Cindy Houben Pitkin County Planning Office 506 East Main Street Aspen, CO 81611 RE: Augenstein 1041 Review W} Sec. 14, T8S, R88W Dear Ms. Houben: JERIS A. DANIELSON State Engineer We have reviewed the .above referenced proposal to use. an existing 5.2-acre tract as a residential site. 'The proposed water supply for the tract is 3 gpm of domestic water from the Vandeventer Springs Water Right as decreed by the District Court in Water Division No. 5 in Case No. W-2566 and W-2567. As long as the applicant has a legal right to water and operates in accordance with its decreed uses and priority, we have no objections to this proposal. Sincerely, H~~D. Sips~on, P.E. Deputy State Engineer HDS/JCM:clc cc: Orlyn Bell, Div. Eng. . .., . h a . _ _„ , .. ~;. . . -. 1•L]~UL{LJL~Y V 11.. TO : Tom SY:ti th E'ROM: Cindy Houben, Planning Office. ~'~ RE: June Howard/Wendy Augenstein Potential Merger Situation., DATE: November 5, 1986 , ~,-~~- -~ -T 5 . ti.; .. ~..~r ~_,~ .. Tom, Please find attached a waiver of .Right to Intervene which creates two parcels of land in a divorce,"settlement It is signed by former County Attorney Wesley Lg~t:°"Also,"' attached°'a"re the. two deeds creating the parcels in 1982 and a 1985 deed turning the parcel owned by Morton Augenstein over to tiffs daughter "Wendy Ann Augenstei n. ther or not these twooparcels havemmergedl and advise me as to whe Thanks E Civil Action No. 79 DR 63 / \ WAIVER OF RIGBT TO INTERVENE M. M ~_ .G ... . In Re the Marriage of: JUNE EDNA AUGENSTEIN, and Petitioner, MORTON AUGENSTEIN, Respondent: The undersigned represents that.. h2 has full authority to act in this matter on behalf of the Board of ti„y County Commissioners of Pitkn County, CoYo'ra3o (herein- ~~ ~~ and states as o after referred to as The,Boar3 ~~,~"~ ows: 1. The Board acknowledges receipt of the Notice.... called for by Section 30-25-101 (10)(c)(TI), C.R.S. 1973, as amended, and hereby waives the right to contend. that there were any defects in said Notice. 2. The 'Board hereby waives the right to inter- vene in the action as a party in interest. 3, The Board, hereby further acknowledges that i€ ,the Court orders the division of property in its Decree ,. , .. w . ..~. ~ ..>,~ . ',which is contemplated~in the '`Separation `Agreement" which. was attached to the aforesaid Notice, that the 3ivision of ' property will be exempt from subdivision requirements pur- suant to the provisions of_Section 30-25-,101 (10)(c)(II), C.RS. 1973, as amended. DATED this _~ day of September, 1982. t..ortifi o be a izue aad complete only ox iginal oa lileia the.Distziot CoYtt o1 'ikia County, Colo:ado THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY By~~ ~ ~~ Wesley A. fight, N 6~ !" _. - ... _ _ - - _ 2~ - . ~ ,. 'r' ,_ ~ _ _ .~ - f '~.\. ) ~ .__ .._ T \,,n DISTRICT COURT, PITKIN COUNTY, STATE OF COLORADO C~`~ ~",,5 In Re the Marriage of: JUNE EDNA AUGENSTEIN, Petitioner, an d MORTON AUGENSTEIN, - Respondent. . , .. ,...._,. ,-~+< , . ~ u..,,:r, rt , x v+a.ac5: tS«a :. 4i Krr. 3s l.f!1b...y n` ,. wH~ ~, .v. va Pursuant to Section 30-28-101(10)(c)(II), C.R.S. 1973, as amended, notice is hereby given to the County Commis- signers of Pitkin County that: 1. This is a dissolution action currently pending ..e ~ _ ..~_ ,.,~,.. ~:.:~~ .__- _._ in the District Court in and for the County of Pxtkxn; 2. A proposed Separation Agreement to be entered,:. into by the parties involved in this action includes a divi- son of marital property, the title to which is, presen~lyM14'~iri`~ the husband's name, into twq parcels; a copy of the Separation Agreement is attached hereto as Exhibit "A" and; copies-of the legal descriptigns of the ,two parcels are attached hereto as Exhibits "B" and "C", respectively; 3. The purpose.. of said division of property is to equitably divide marital property aad not: to evade the. defini- tion--of subdivision; - ' 4. If the Court orders_SUCh division of property in . x „, its decree, the division of said property will~be~'eXempt from. ... subdivision requirements. pursuant to the provisions of Section... 30-28-101(10)(c)(TI), C.R.S. 1973, as amended; - 5. The County Commissioners .have 20„days from the receipt hereof to file, an appropriate pleading to contest such a Court decree.- Dated this 15th day of July, .1982. /J MAZZA & LaSl~.E, P.y6. // // E:aztitied to oa~y or oxic Covst qE Pit s~true aad complete w file ~fa the District ~oaaty, Cdocado sy 1R L. L6p411c, ncg. n'~ 4East Cooper Street Asp n, Colorado 81611 (30~) 925-2043 Attorneys for Petitioner -.. .CERTIFICATE OF SERVICE I hereby certify that the foregoing NOTICE TO.THE COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, was served this //,~~'Lr,day of July, 1982, `by placing a true and correct copy of same in the United States mail, postage prepaid, ad- dressed to: Deborah Quinn, Esq. Oates, Hughes & Knezevich 600 East Hopkins Avenue Suite 200 Aspen, Colorado 81611 I hereby certify that the foregoing NOTICE TO THE COUNTY COMMISSIONERS OFNPITKIN COUNT cingOatr~u0e~andscorrect this to t`i day of July, 19$2, by P copy of same in the United States mail, certified return re- ceipt requested, addressed„to County Commissioners of Pitkin County Pitkin County Courthouse_ 506 East Main .Street Aspen, Colorado 81611 Debbie Roberts 2 c i DISTRICT COURT, PITKIN COUNTY, STATE OF COLORADO ( ~~ ~/ c Civil Action No. 79DR63 ,~ ~l~ ~ STIPULATION AND AGREEMENT In Re the Marriage of: Petitioner, JUNE EDNA AUGENSTEIN, and MORTON AUGENSTEIN., Respondent.. THIS STI,P1 into. by and between. 9938, Aspen, Colora "Wife",'and MORTON.. California 94965, h AGREEMENT, made and entered U~ENST~EI~7`of Post Office Box „ _. ,. reinafter~referred to as ' f 103 Marion Avenue, Sausalito, W I T N E S SETH :, WHEREAS, Husband and Wife were marrier~ on the 14th day of August, 1958, in Jamaica, Queens;`I~ew York, and ever" since that date have been and now are husband and wife, and __ WHEREAS t~ children have,been~bora as issue~of said mania e namel STACY AUGENSTETN,`~orn September 2, 1959, and WENDY ANN AUGENSTEIN, born February 4, 1964; and <M ,~~.. whereas Wife is not now pregri~nt,`and WHEREAS, the marriage is irretrievably broken and it is the intention of Husband and Wife to live separately <: > . _,,.. and .apart from each other, and WHEREAS, it is the desire of Husband and Wife to settle, determine and .agree upon their respective property ` rights and financial obligations, either to the other, and other matters of coritoversy between them, and •~ or Dissolution of Marriage ~, a ., F WHEREAS a Petition f has been filed in the District Court, in and for the County of Pitkin and State of Colorado, wherein it is prayed that the marriage of the Husband and Wife be dissolved .and for other and further .relief. .- EXHIBIT "A" L _; , ,.,. ,,,.: s I - - - NOW, THEREFORE, in consideration of he mutual p=omises, covenants, conditions and obligations contained : herein, it is mutually agreed as follows: 1. GENERAL PROVISIONS.' 1.1 EFFECTIVE DATE. This Agreement shall become binding upon the parties and their, respectivelegal repre- ~~~. g. .. ., y upon its executionsbysbothspartieansd.assi ns imme~a~el 1.2 I judgment or deer visions of this incorporated the decree. 1.3 EXIT shall. pay all debt five date of this 6 party against_liabi fies and, agrees to debts, contracts ac after said date... tPORATION IN DECREE. In the event of a iissolving the'mairiage, all of the pro= aetnent~ are ~intended_.by the parties to be f and become apart of such judgment or LING OBLIGATIONS. Each of the parties incurred by him or her, after the effec- ;reement, and shal'1 indemnify tie'other Litt' therefor. Each party hereby indemni- aold the other harmless aganat all ._ .: . 3,obligations whicli may have beea_incurred 1.4 TAX RETURNS. Each of the, parties shall file, separate income tax returnsr'and pap all income taxes with respect to his ;or her income. 1.8 SEPARATION. Husband and Wife mag live separate and. apart from each other. Sach "shall be flee from interfer- ence„ direct or indirect, from tT~e other, and. each may, for his or her separate benefit, engage in any emplo~ament, busi- ness or professign he or she may choose. .°', 2. MAINTENANCE FOR WIFE. ,' -- In recognition of Husband's obligation to .support Wife arising out of their marital'rel`ationship, Husband. agrees to pay Wife the following for`he' support"and main- tenance- 2.1 MONT$LY PAYMENTS Husband agrees to pay to Wife the sum of_Two Thousahd Dollars ($2,000) per month for as longas she shall remain wive anc~ unmarried.This shall e an obligation of Husband's,Estate if ~fie'~stiould~become~deceased... 2.2 VACATION. Husband agrees to pay all Wife's expenses in connection with a onemonthvacation inHong Kong or some .other place of Wife's choosing not more eicpensive 2. i i medication s e may - medical insurance, includag'major medical gover°age to provide funds therefor. Husband shall reimburse Wife for the cost of fi.ny'deductible amounts in connection with such insurance. This shall be an obligation of~Husband'sEstate if he should become deceased. i __ , __ n - ~ -than Hong Kong. The vacation shall take place at a time of __~ -Wife's choice during the calendar year 1983. --' - 2.3 MEDICAL CARE. Husband shall reimburse Wife 'for all reasonable and, necessary costs of hospitalization and medical care required"tiy iea"son Of the physical condition of Wife, including the expense of any prescriptions or h require and shall maintain for her benefit, premium provision. 2.4 LIFE $50,000 worth of li. on his death so lon to Wife. For estate owner of the policy premiums thereon. planning p and Husband aid insur.an 1 to maintain able to Wife maintenance tll be the Wife for the 3. CUSTODY CHILD SUPPORT _... _ _ _ AND"VISITATION. 3.1 CUSTODY. The parties agree that Husband shall have full custody of Wendq Ann Augensten born as a result of this marriage, the other child is no longer a ......, e __.. .. minor requiring custody airarigement. Each party agrees that he or she will never ,demean the other in the presence of the "~~s~ <.~ ter.:: ,. . children, but on the conf'iaxq"; 'will end"envoi to nurture the child's love, respect and esteem for the absent parent. 3 parties tha visitation possible, c 3.3 MEDICS reasonable and necesM and dental care requ: of both childreh, in or medication they m: benefit, medical "insi long as the children. their ages. ENSES. Husband shall bear all bsts of hospitalization, medical..., y reason of the ,physical condition g the expense of any prescriptions hire and shall maintain, for their to provide funds therefor, foi so ~. F:.7 3.4 EDUCATIONAL EXPENSES, Husband shall bear the. cost of the education of each child up to and including col- lege, regardless of the childrens' ages. 3.5 LIFE INSURANCE. Husband agrees to maintain $200,000 worth of life insurance on his life, one-third (1/3) of the proceeds of wfiich shall be payable to each child of this, marriage. i 3. Husband .agrees e on his life pa obligated to pay urposes Wife sh -- ~ _ _ - :._ - -- -" 4. DIVISION OF PROPERTY -- - 4.1 'REAL PROPERTY. Husband. presently owns an ap-. .proximately 20 acre°ranchette in Pitkin County, hereinafter ~~, _. referred to as "the Property". Husban~`agiees to dee Parcel B of the property, as described-}n the, attached ~~ exhibit hereto; to Wife and the two children as to 1/3 undivided interests in joint tenancy with right of 'survivor- ship, subject to the: following rights on behalf of Husband: (a) Husband shall have a non-transferrable personal right to use Parcel B;'e7cclusively one _. month. in the summer and two weeks inFebruary or March, and a non-transferrable personal right to ~,..,. use the tennis courts on Parcel B~atany tme.- These rights shal_1 apply only so .long as Wife- and children own Parcel B, and these„.rights shall not be an encumbrance running ;with Parcel B. '(c) This Stipulation and_Agreement is ex- pressly.eontingent upon the lot,splt described . above: being effectuated; in the eveatxit is not, effectuated for any reason, this Agreement shall be null and void and of no effect whatsoever (b) •Wife shall. cooperate. fully in obtaining any necessary governmental approvalsto effectuate the lot split specified herein, so that Husband can have a_separate homesite for himself on Parcel A. Husband shall pay any and all cost's and expen""se's incurred in connection with such lot split and will endeavor in 'connection tTeiewith to obtain4 "" i separate access to Parcel "A"without crossing ~s~,. _.. Parcel ,~~„ , ~(d) The parties acknowledge that there is a mortgage on the ,Property and Hus'liand hereby agrees° "' .,to promptly pay said mortgage'on Wife and childrens' behalf, aogether"with taxes and insurance~.on the Property and any necessary cost's ia'conriectioa with •maintaning the improvements on the Property. These' ..~.~~<. payments shall alsgMbe'an obligation of Husband's Estate.; ~ ' (e) The parties acknowledge that there 'are water rights associated with the Property which ma be susceptable to development and use with a Y view towards a rights, but if Wife joins in she shall have therefrom., profit. Husband shall retain those _ y _ r -,~~ said rights are to be developed and one half'of the development costs, the right to"one=half of the profits 4. __ _. ~ ~. - - _ 4 - -- ~- - - _ - - _ ,: _ _ , (f) In the event Husband sells Parcel A he shall apply at least one-half of thetotal consideration received therefor whether by cash or deferred payment, toftYie reduction. of the principal balance_on the mortgage encumbering all of the property. 4.2 AUTOMOBILES. ,Husband.. agrees to'purchase a 1982-Eagle four wheel drive .s£"anon wagon";for wife at a~cost not to exceed $11,000. Husband shall retain the 1982 B.M.W. for himself....... 4.3 OT$ER PERSONAL PROPERTY. With respect to all. "'""'each "party represents and agrees other personal property, that as equitable and fair division of household goods, personalty and personal effeo~~s has been ma~'ie p'r'ior to execution of this Agreement and each. party "shall have as his or her sole and separate personal property all that which is• in his or her possession at the date of this Agreement. Each of the parties agrees to'execute ahy and all documents of title or ownership necessary to evidence Ghat said property"' is owned by either of the parties in accordance .with the provisions of this Stipulation and Agreement. 5. MISCELLANEOUS;PROVISION$ 5.1 ROLE OF FINANCIAL AFFIDAVITS. Thy parties state and agree that the within Agreeui~fit is based upon the full and complete disclosure by and between the parties of the. assets and liabilities of_'each _ Each, have been prdvided with a financial affidavit~of the other, and thewith3a Agreement is based upon. the informa~iou contained'~~'~`hose"` of€davitswhich,ss accepted as fact. 5.2 ATTORNEYS' FEES. Husband„agrees~to pad all of his own attorrieq's' fees in connection, with thrs~d~issoluton and in, addition agrees to pay all of Wife{s a~~orneys 'fees. 5.3 WAIVER OF FUTURE RIGHTS. Each party, as of the effective date of .t his Agree`~ent, irrevocably•waives with respect to the other a~'l rights of inheritance, dower, curtesy,`homestead, rights to act as personal representative„ of the estate of the other and•all other rights incidental to the marital relationship. 5.2 CHOICE OF LAW. This Agreement shall be interpreted at a.ll times pursuant to the laws of the State of Colorado. 5.5 BINDING EFFECT. This Agreement shall extend 5 -y - <~- _ -_ - - _ to and be binding upon the parties,. and their respective - -- heirs, successors and assigns. 5.6 SECTION HEADINGS. The section and paragraph headings employed throughout 'this Agreement are for 'the pur- pose of convenience only and are not to be construed as en- larging or limiting the meaning oY~this Agreement. 5.7 AMENDMENT. This instrument contains the entire agreement of the parties aad'shall`not be modified or amended except in writing executed by each of the parties _ hereto. _ 5.8 ADVICE OF COUNSEL. The parties hereto acknowledge that they"have ea:c3~ read this Agreement, reviewed it with their respective attorneys, an3~thoroughlq comprehend ,.„..~ , its provisions, which they agree are fair„and reasonable. IN WITNESS.. WHEREOF, the parties hereto have here- unto set their hands and seals. WIFE: Dated: - . - ~ ~° w~-.~, ~~^~° June Edna Augenstein STATE OF COLORADO. ) ' ) ss. County of Pitkn ) The foregoing instrument. was acknowledged before ?~' `: me this day of July, 1982. ' WITNESS. my hand and official seal. My commission expires: Notary Public Notary Public's. Address: (Signatures continued, on Page 7) 6. i . Dated: Morton Augenstein STATE OF COLORADO. ) ss. County of-Pitkin ) The foregoing instrument .was acknowledged before me this day of July, 1982. WITNESS my hand and._offical seal. ,_.. _ ~ ._ My commission. expires: _ _.. _. Notary Public Notary Public`s Address: ft~ S a 1 ?_ j j _ __ z ., ,. ...A->,... ~~w. __ _ __ - ~ParceY_„A„ A parcel of land situated in Section 14, Township 8 South-, Range. 88 West of the Sixth Principal Meridian, Pitkin County, Colorado, more particularly described as follows: Commencing at the West Quarter Corner of said Section 14, thence S. 76°1.8'17" E. 2470:38 feet to the True Point of Beginning; , thence S.`79°58'24" W. 811.20 feet; __ thence N. O1°02'07" E. 320.97 feet; thence N. 79°58'24" E. 349.62 feet; thence S. 86°15'58" E. 441.58 feet; thence along a curvy to the left, having a radius of 304.52 feet and a _~., centra} angae of 20 50'4.9", an arc length of 110.80 feet, the chord'of which bears S. 02 50'25" W. a distance4of 110.19'; thence S. 07°35'09"_E 102„64 feet to the true point of beginm ng, containing ..w... »x......~ua~s-r.am...~...,,~-,~. ..,..,a. ,. ~. , ., ~.,F 5.2 acres, more or Tess. -,.. This description was prepared from_a deed_by others, not from a monumented field survey, _ _ - ~" - . - . - r - . .... -- __ PARCEL "B".,. , ~ _ _ A parcel of land situated in Section 14, Township 8 South, Range 88 West of the Sixth Principal Meridian, Pitkin County, Colorado,.more particularly described as .follows: Commencing at the West Quarter Corner of said Section 14, thence. S 81°08'06" E. 2420.97 feet to the True Point,of Beginning; thence N. 86°15'58" W. 441.58 feet;" thence S. 79°58'24" W. 349.62 feet; thence N. O1°02'07" E. 875.34 feet; thence S. 89°56'50" E. 1316.25 feet; thence S. 00°16'39" E. 2.06 feet; thence S. 38°51'10" E. 80.20 feet; thence N. 86°03'15" W 46.90 .feet; thence N. 82°07'00" W. 353.97 feet; thence alon8 a curve'ta the le'ft~ having a radius of 357.08 feet and central angle of 34 80'00", a distance of 21.1.90 feet; thence S. 63 53'00" W. 37.00 feet; e to the_left,.having a radius of 194.93 feet and cent. thence along a curd ~ ral angle of 119°53'00", a distance of ,407.86 feet; thence 5.;..56°00'00" E. 125.00 feet; thence alon°q a curve to the right, having a radius_of 127,79 feet and central angle of 78 8'31", a distance of 176.73 feet; thence S. 22 58'31" W. 182.90 feet;" thence alon~`a curve to the left, having a radius of 304.52 feet and central angle of 09 42'51", an arc Tength of 57.63 feet, the chord of which bear"s"~ S. ~@°Q7'O1" 4F. a distance of 51 57 feet to the true point of begin m ng, ..~~~:.~. . r. _.. .,. ~_. _~_~~, ...~ .~ _u~,., .. confaYning 1~.9 ac're`s, more ~or 'Bess:°~ This deseri,ption was. prepared from a deed.„by others, not from a m©numented field survey. _. ,' I '1 . ' Rcceyrion No, _ _ _ ...~ Rrcoruc .>, ,.:: . ~.,. , .K u.. w a .. . , Y~~ _ QUI'i ~ AIM DEED RECORbER'S STAMP TH1S DEED, Madc this 27th day of March ~ / , ly SS ~ ~/ ~ ~ between MORTON AUGENSTEIN, whose legal address is- ~ 700 N 103 Marion. Avenue, Sauso],ito ~' ~m ~ and State of (V : ~ ~ V o~f atF{{e~~ pp,,,, County of Marin Gdidr3a'o,rgiar~~i r(s), and WENDY ANN AUGENSTEIN ~ S ~ m ~ '. ~G'D fit-~,'~' G`~f,,~ o ~, lrt.~,"a1 v°Oi a V whoselegataddressis c/o 965 Mission-St., SuiteS20,~„~~~ fJ- ,, ~ ~G~ San Francisco C~ t of the County of San Francisco and State of GSI~+~atf~e(s), WITNESSETH, That the grantor(s), for and in consideration of thesum of $10.00 and other valuable conside -------------"---------- ------- ------ .DOLLARS TEN AND NO/100s---------- the receipt and sufficiency of which is hereby acknowledged has remised, released sold, conveyed and QUIT CLAI'iv{ED and by these presents do :remise, release, sell, convey and QUIT CLAIM unto the grantee(s), hex heirs; successors and assigns, forever, all the right, [itle, interest, claim"and demand which the grantor(s) has in and to -the real. property, together. with improvements, if any, situate, tying and being in the County of Pitkin and State of Colorado, described as follows: See Exhibit A attached hereto and incorporated by this reference,.,, ~~ APR I I°.~85 t -~. ~ _ `" __ ; -_--- -. also-krtewn~by-street-and-nusabesas-.. - .. '. TO HAVE AND TO HOLD the same, together with all and singulaz the appurtenances and privileges. thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantee(s), her heirs and assigns ~forever•. ' IN WITNESS WHEREOF, The grantor(s) hag executed this deed on the date set forth above. __ ~G'tifLd-J~ ~ _ 'MORTON AUG); TEIN i _ ~.. . _ ,.~. by ... _.. My commission expires ~~ .2.~ , 19~ Witness my hand and official seal.. OFFlCIAI SEAL ~ /"~7~~ ARMANDO ACEVEDO -~(l~"- d ~ NOTARY PUBLIC - CALIfCfl\VA aewy wens ° ' ...~. .. San Fianclsco'Couny l/~p ~/~~„~"lhy3 1°' _ My Ccmmisslon Expires Apr. 2?. 79e5 O- ~ AACrtis "If in Dcnver, insert "City and." ~i , ,s ,'V . ~;: r _. ;,• o41/~N 1 F ~ ~'~f7 ~ ss. ,. County .. ~~ •` ~ ' The fore in instntment was acknowledged before me in thye ~ ~~ County of py~4"'~~i° State of ~B1r,CltsC/ .: __ ,.this .C/7 dayof.._~wt4-~C~--~ -'- ----.~. 19 _._.. • STATE OF EE)E.6Rfl#}~ CALIFORNIA .~~ °~ ~~~~~ °:. ~, ri: i 800N``~ ~~ PA6tYIULi ..w EXHIBIT 'A A parcel of land situated in Section 14, Township 8 South, Range 88 West,oE the 6th Principal Merdian,'Pitkin County, Colorado, more particularly described as follows: Commencing at the West Quarter Corner of said Section 14, thence S. 76°18'1.7" E 2470.38 feet to the True.. Point, of Beginning; thence 5.79°58'24" w 811.20 feet; thence N O1''02'b7"....E `320.97 feet.; thence N. 79°58'24" E' 349.62 feet; thence S 86°15'58" E 441.58 feet; thence along 'a curve to the: left, having a radius of 304.52 feet and a central angle of 20°50'49", an ara length of 110.80 feet, the chord of which bears S, 02°50'25" W 110.19 feet; thence S 07°35'09" E 102.64 fee~~to the` true point of beginning, containing 5.2 acres more or less. ~, ... :~ ite of BJttzuL/ this ee I. ~, o: i ;. ' `{ /I', 4,. 'r ~ . ,~, fll xarca y.,ur, +vu c- - ~;_ _ _ R~kE`'.3G'MP rl'H[SDEF.D, Made this lath day of NOVOISIher .S9 82 ~ ~y,~- ~.~~"9 between MORTON AUGENSTEIN whose legal address is 103 ,~ h~1~-~J iarion Avenue; Sausolto, _ ~,~,e.,2-~/ „o t County of Maria and state of "~o~€a°~onrof~he first part, and JUNE HOWARD, formerly JUNE EDNA 4UGENSTEIN and WENDY ANN AUGENSTEIN',`"each as to its un- ' f shiided interests in 'joint tenancy with. right of survivo - afioaelegaladdreasis P.O. BoX.9938, Aspen, ...~~. _.:,. _.__.,_ .::- of the County of Pitkin and state of Colorado, of theseeond part,. WITNESSETH, That the said part otthe first part, for and in consideration of the ~df~ mutual promise contained in the Stipulatio~i and Aggreement between the, parties inthe t~dl!~~Zf~, action 791)R63, Pitkin Cou ty Di,s, riot Court otthesecondpart,l{~q'91'r`~~d1fJ;S/rklSf to the said party of the first part i~~fi l(~¢~rp by the said parties 1~~tf~~f~~l/f~l(~A~~~~)Et(~l~g~er(3/hagremised, released, sold, conveyed and QUIT CLAIhSED, and by these presents do eS remise, release, sell, convey and QUIT CLAIM unto the said partiegot the secondpart,their heirs, successors andassigns, forever, all the right, title, interest, claim and demand which the said party' of the (first part hag in and to the following describedlot or parcel otland situate, lying and being in the County. of Pitkin end State of Colorado, to wit: See Exhibit.."A" attached hereto and incorporated by this reference. ,,,~1~"- /~~"""" " Grantor also conveys to grantee, by quitclaim only an without warranty of title, six (6) gallons per minute of the Vandeventer Spring water. right as confirmed. to John. G. Stark and Lou Ellen Stark by Decree of the.. District Court in and for Water Division No. 5, State of Colorado, Case Nos. W- 566 and 2567 dated November 11, 1976, and partially conveyed to Grantor erein by quitclaim deed recorded in Book 408 at Page 14 of the real estate records of Pitkin County, Colorado. Grantor reserves for himself, his heirs, successors and assigns,'a11 of such water rigJ~ not specifically conveyed to Grantees heiein. \ /~ !~y '~ slso.knoma.asttre + °^a •••••,,+`°r TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto '. belonging or in anywise thereunto appertaining, and all the estate,right, title, interest and claim whatsoever, of the ~~ said party of the first part either in law or equity, to the only proper use, benefit andbehoof of the said parties of the second part,thei7Aeirs and assigns forever. IN WITNESS WHEREOF, The said party ofthefirstparthag a euntoset hiS.hand and sea] .the day and year first above written. _ rSEALJ Signed, Sealed and Delivered in the Presence of MORTON AUGE STEIN rSEALJ rSEAL] _ rSEALJ STATE OFftd~Ft,HHA~AdA sa. County of S.F.' ~ 1 ' TheforegoinginstrumentwasacknowledgedbeforemeChia 1Sth day of NOVe[Al~er 1982 .br' MORTON AUGENSTEIN ~f bfy Commission expires .March 1S ,1983. Witness my hand and official seal. I -'1 / n ~? D ~' _ - t. OFFICIAL SEAL o Y U7 ,:Gr PUBLIC - CAUFOti KIA ~~ ~.~ ~ f4a (PANCISt:O wJtITY " t ' ~ V L1y ar..~. cxpires L16R 15, ]9E3 L i A S/1 `C 3~l/I-Ai • `~ ~'~-L-}' - - ~ ~ '~ - --Rotaq Publk. of Notary Public: 870 Market St., #470 S. ., N0.939. QUlTCUIM DEED. a„Jford PUbli,AinF Ftr3 N', ,tb Are ,!..:erood, COtafl~=1 .. ~. ..x .nm v.~ . .1 i 1-~, __ i . ~' .. " I EXHIBIT "A" A parcel of land situated in Section 14, Township 8 South,. Range 88 West of the 6th Principal Meridian, Pitkin County, Colorado, more, particularly described as followse Commencing at the West Quarter Corner of said Section 14, thence S 81°08'06" E 2420.97 feet to the .True Point of Beginning; thence N 86°15'58"'W 441.58 feet; thence"S 79°58'24" W 349.62 feet; thence N Q1°02'07"'E 875.34 feet; thence S 89°56'50" E 1316.25 feet; thence S 00°16'39" E 2.06 feet; thence S 38°51°10'' E 80.20 feet; thence N 86°03'15" W 46.90 feet;. thence N 82°07'00" W 353.97 feet; thence along a curve to the left, having a radius;of_357.08 feet and. central angle of'34°OQ'00", a distance of 211.90 feet; thence S 63°53'00" W 37.00 feet; thence along a curve to the. left, having a radius of 194.93 feet and central angle of 119°53'00", a distance of 407.86 feet; thence 5`56°00'00" E 125.00 feet; thence along a curve to the right, having. a' radius of 127.79 feet and central angle of 78°58'31", a distance of 176.13 feet; thence S 22°58'31" W 182.90 feet; thence along a curve to the left, having a radius of 304.52 feet and central angle of 09°42'51", an arc length of 51:63 feet, the chord of which bears S 18°07'01" W 51.57 feet to ~,. the true point of begnning,'contanng 14.9 acrea more or' less. 1 ,~ 'St • 1 ~ 1 F1 t• 11 f ~ 11~ ~ , ~ :. I t 3 lire ~ i ~ ~ : • ~~ ~~ ~.« + , 1 1 ,~ ~ ~ ' .. ~. ~ ' ~ :: 1 y 1 , 1' a I i.f ti. rl 1. S ', (~~~'. I 1 t. t ~ ! M~Yr w,rl. . i~ ry 1 1 .Ijl y, 1 1 i~ IJr. 1 1 ,~ '~ / j 1~w. i ~k7YP'; `j .. i~ ~lrie ~~ ' ~~1 1~; ( f ry 411? ' l~.t' 6: ~ 1 C NI i t ~ ~/ 3 / ~ y~C1 , r 1 i ND' a M' a .. 3+ ~ 1 •.t 1 } t 1 ' lriy ~ C 1r r 1 1 a ~ 1 tl ~ I w } : 1 it 1 hA,. e 1 iC .~~ ., r, ~ a . i.. r ". "' f ~ t ~~ i ~ ~ tt, ~ N ,1 ~ d i •'~. +xl a ;, .; ~ 1 ttaj 4 Irt w~ ~ i ; ` l' 7~ ~ (j ~ y V ~ , 1 1 ~ . I A 1 i'7 C .1 ~1 ~ 1 1'I+ rl~ 1 _ ` f f 1 ~.1 1~1 1 t 3 ', t ,. 4 1 ~~ 1• 1` r .. {, . . ~1 1 ' 1 ~+ > y.IJ 1. fj' V (- ' . t 1.. r+ / t 1 ~' /1. 1'u 111 h~. ('S 1 1 411 C'.j.waLawxi. 'I1, t< 4a ' n •I ReelpitOD No_ --+. h ,. ._ _ _ _3_.{~'%s , THIS DEED, Made thisl5th dayot NOVeiRber. ,19$2 between MORTON AUGENSTEIN, whose legal address is 103 Marion Avenue, Sausolito, County of Marlif and state of of ~,a`iser`a°~onbit~.he[irstpart,and MORTON AUGENSTEIN whose legal address is 10~ Marion Avenue,. Sausolito, otthe Countyot Marin andatateot California I, _ ~ ~,bhtrado, of the second part, W ITNESSETFi, That the said party of the first part, Cor and in consideration of the smruf mutual promises contained in the Stipulation and Agreemen33t between'Mor"ton 'Augenstein andi~)~S, June Edna Augenstein in the acti~byihesa~id'aPitkin Coune~'thllesecon~part flue eeeipt-wkereef to the said party of the Cirst part iakoaL.pai P y ishes'ebTt~~dand-acknawied8ed-hag remised, released, sold, conveyed and QUIT CLAIMED, and,6y these presents dces remise, release, sell, convey and QUIT CLAIMusito the said party of the second part, his heirs, successors and assigns, forever, alf the right, title, interest, claim and demand which the said party - o[the fi County ' hag in and to the following described lot or parcel of land situate, lying,and being in the of Pitkin and State of Colorado, to wifi. See Exhibit "A" attached hereto and incorporated by this reference. s3eoacaawaa¢ctroaLassd;waabos _~ ~ ... TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, o[ the said party of the first part, either in law ozequity, to the only proper use, benefit and behoot of the said part of the aewnd part, his heirs and assigns forever. IN WITNESS WHEREOF, The said party of the first part has h reuntosethis hand and seal the day and year tirstabove written. -----•~'~'-~ rSEAL] ORTON AUG ?N$TEIN Signed, Sealed and Delivered in the Presence of - rSEALJ rSEALJ STATEOFGtQ.6cGtAA3~3iA l r ss. County of S F J ' ' The foregoing instrument was acknowledged before me this 15th day of November 3982,by Morton. Augenstein ' bfy commission expires March 15 .I9 83. Witness my hand and otfieial seal. My address is: 870 Market $t.r #470r S.F., CA 94102,. / n ~7 n f T~ OFFlC1AL SEAL' e ~ ~~ MARIA ELENA BOLANOS ~ , y~ NOTARY PUBLIC - CALIiDRM1IA ? /ry SAN FRANCISCO COUNTY s„ Mt tomm. expires MAR 15, 1SS3 No.9a1. QUIT CLAIM DEED.. flrudford Pobti,bin,, }t]a p•, b,s A.6. uu I d ~ ~~_~_ ~ ~~ n 4 Y.N~ ~.~,>. = ~' EXHIBIT "A" - A parcel of land situated in Section 14, Township 8 South, Range'88 West of the 6th Principal Meridian, Pitkin County, Colorado, more particularly described as follows: Commencing at the West Quarter Corner of said Section 14, thence S. 76°18'17" E 2470.38 feet to the_,True Point of Beginning; thence S 79°58'24'° W 811,20 feet; thence N O1°02'07" E 320.97 feet; thence N. 79°58'24"; E 349.62 feet; thence 5...86°15'5,8" E 441.58 feet; thence .along a curve to the left, having a radius of 304.52 feet and a,central angle of 20°50'..49", an arc length of 110.80 feet, the chord of _ which bears S 02°50'25" W 110...19 feet; thence 5.07°35'0:9" E 102.64 feet to the true point of beginning, containing 5.2 acres more or less. .~, ~ ' , f. r, ~ / ', a . , b . ~,~ ~r r .~ s ` ~,4. ~ , .+.~ek 4 .. J !t~ 1Y ~ ~ ~. .~~ r r; \ ft i y q 1 i • ,~.- ~ ~ + t e'~ 1 _ l.. ~ 4Y~. . 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