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HomeMy WebLinkAboutpitkin.planning.246322100018DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOR'ING 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) r 141: 2463-221-00-016 DATEFNCVD: ! NtXf1~S: ~GA3ENO P04-92 I~+BE NAt,~• Jeflee/Car6ondale Prmce Creek 1041 d General Submission PWR:~- ~ y JaNee, Jr, Wilton%l5~ ~~_ I: s.aa~:("...." st~cvD~"~"~..` . o,LL~r~;'~Dr~ciuFis:~`_ . ~ .. a OVER: ~~ REFLR REF- BY~~ DUE:r~ FATG DATE, FtEV EDDY Pt! NOTb~O DATE OF FiNALACTiON: ~~ N° ~ BOCC Reno: ,~~ ~~ ~ No ~ 8OCCOrd: ~- REIJI ' P2: ~~ HRG OFF: ~~~ BY;~n ~~E~ r .. ,. A ..... , .. . -..-.. ~ ADIVNN INDEX; ielAT ~N...• ~ ... n, ,. ... •..~ ,,. VR @i9~IR8^a: .. . _ 1w'1"r'F'S; .1041 and General Submissicn m. t~E TiIPS: :.E~49E'~: t,ABE TYP6: OASE TY'P3: C4BETYP7: . CASE TYp4: Date 9t~lnned: 7/1907 ( File Locedion: FF Box 96 F3.2 -::.: ~.,.:.... SEP i0 '96 10~00FM PITKIM PUB WORKS Pitkin ~~~~~ TC?;8tien Sassano F7CC?M:Michael3. Villa l±d~:7affee Farce( Addendum llA'Tl?;September 6, l~ F:ilen, in light of the discussicm 3 September 199K; staff would like to incittde an addendum to his original memo. As you stated, staff agrees that it is important to bait at file whole rather than the part. In the nriginal miemo, staff discussed passible clustering of the Smith cabin with the cutt~ttt stnucture. It was iderrtif:ed that the Smith cabin is tint used a tttajrir portion of the year, Far this reason, paint four is probably. na valid at this time. Yf the Smith parcel, at some point, does come up far review then the catnrnent would indeed be valid. Anticipating another house apputovat in file Smith Cabin lacatiaac, staff believes moving ttte current iiarn strocinre to eifhcr one of the two lower building enve~opeswould he less impactive. ay doing thLc, the amount of distur6~aoce to the upper end of the parcel would be lessened and tttaintainaoce of a good (trot excel3eatt) splitude area far deer-and elk would octi~ax. Staff believes that the structure as it stands or with. a srriall addition is Less impactive to wildlife than if another buiidtng were ennstrttc>ted. Ifa>Krever, staff also believes if there ara other approvals far parcels adjacetix w or above the Jaffee stncclure then the cutttaltive impacts of those approvals would outweigh any lteaefits incurred ftnmt alkswiag the structure to stand. As fcx the two lower bpilding envelopes, from a wildlife sa~r~dpoint, they are of equal value. Develogmcm of either one will Clot be significantly different aad staff has no prefercnt~ if the decision is made to allow developtneat nn one of the cNher envelopes. Michael x. Viua Pitkin Courtly wildlife Biologist Pftkin County Land Management " 76 SctVrce Center Road ~, AAia*conw ~ASpCn, Colorado 81871 ~"~ AE4~G~E0 P~PF.P ts7p) 92a-5214 Fax: ll370) 92d-5374 . _. , __ r- MEMORANDUM TO: Jaffee/Prince Creek. File FROM: Ellen Sassano, Planning Office RE: Jaffee/Prince Creek Minor 1041 Hazard Review DATE: March 16, 1992 APPLICANT: Wilton Jaffee Jr. LOCATION: Approximately 40 acres on the west side. of County Road 111 (Prince Creek Road) Section 24, Township 8 South, Range 88 West; ..ZONING: The parcel contains approximately 40 acres and is zoned RS-30 PUD. REQUEST: Wilton Jaffee Jr. is requesting approval of a minor 1041 Environmental Hazard Review for improvements to an existing .agricultural road. The applicant completed construction of improvements, which included widening and placement of drainage ditches, prior to being 'red tagged by the County. A subsequent review of site conditions led_Staff to determine that the road is subject to administrative 1041 hazard review. Mr. Jaffee proposes to construct a barn, corral, paddock area and fencing for agricultural purposes only. Utility services will be provided for agricultural uses only. A well has been installed and the applicant proposes to construct a septic system and to extend electric service to the barn underground along the driveway. Pursuant to Section 5-400.4 of the Pitkin County Land Use Code, agricultural outbuildings which are not intended for human occupancy or regular group assemblage may be exempted from 1041 Hazard Review. As Mr. Jaffee's property is assessed as agricultural land and he intends to use the barn for agricultural purposes only, the barn may be exempted from 1041 Review. However, Staff recommends that Kevin Wright, District Ranger for the Division of Wildlife be consulted regarding placement of the barn to insure preservation of deer and elk winter range on site. It is recommended that fencing be 42" in height or less, or as approved by the Division of Wildlife. Due to wildfire hazard on site, Staff recommends that brush be thinned or cleared around the barn according to guidelines in the Colorado Forest Service publication, "Wildfire Safety Guidelines for Rural Homeowners." f~ 1041 REVIEW The applicant's lot is encumbered by slopes exceeding 30% in grade, wildfire hazard and deer. and elk winter ,range, as well as a deer winter concentration area. Pursuant to Section 5-400.4 of the Pitkn County Land Use Code, roads and driveways are exempt from 1041 Hazard'Review, unless they are located in a_geologic or floodplain hazard area. The access drive traverses slopes in excess of 300. The road has been. improved to comply with Pitkin County driveway standards. Improvements involved widening to 16-18 feet in width, providing drainage, slope stabilization and graveling. The applicant's engineer indicates that, in areas where 30% slopes are. traversed, cut and fill slopes do not exceed 2:1. Drainage improvements will presumably minimize .erosion. All disturbed slopes, whether cut or fill, will be revegetated with a "dryland pasture mix" immediately upon approval of this application to facilitate stabilization of the slope. Section 5-4o1.2(c) of the Code stipulates the following: Any development or activity which is permitted in a geologic hazard areashall be engineered in such a ,.manner as tomtigate the hazard to public health and safety or to property due to geologic hazards. The applicant has provided documentation. from_ a consulting professional engineer and geologist regarding road design as it relates to mitigation of geologic hazards. In a letter dated February 24, 1992, Mr. Daniel, of Banner and Associates indicates, that the road was designed to comply with County driveway standards. In a letter dated March 4, 1992, Nicholas Lampiris, consulting geologist, states that, "The long, half mile access road to. the. .barn site_has been well constructed _ along a suitable alignment crossing no geologic conditions which .would lead.,.todangerous situations...Theroad design includes good .drainage design and has been .reviewed by civil engineers." Pursuant to Sections 5-400.3(b) and 5-400.5(b) of the. Land Use code, the Planning Director is authorized to_approve a site plan and application for a Minor 1041 Hazard review. -Based on the. findings referenced above, Staff recommends approval of the Jaffee 1041 Minor Hazard Review subject to the recommendations .listed below. This memo will serve as a reference document authorizing approval of said application. Planning Director's sign-off on a 1041 Review Site Plan is also necessary for completion of the administrative review process. The Site Plan will be recorded in the Clerk & Recorder's office and a copy placed in the file. The following conditions shall be placed on the site plan: .•, ~, 1. Prior to commencement of construction o,f the barn, an access permit shall be obtained from the County Engineer to assure compliance with .County driveway standards. 2. The applicant shall apply a dust controllant to the access drive annually. 3. Revegetation of cut and-.fill slopes shall ,occur within one growing season from completion_of improvements. 4. Approval of the road is for .agricultural purposes only and does not constitute approval for residential development on site. 5. Prior to commencement of construction of the barn, the applicant shall submit a 24 x 36 inch mylar site plan delineating the approved access road to the planning office for recordation. 6. The applicant .shall adhere to all representations made_in the application. Suza e ' Konchan Planning Director ~Ilg~~ Date March 6, 1992 Ms. Ellen Sassano Aspen/Pitkin County Planning Office 130 S. Calena Aspen, Cola. 31621 RE: JAFFEE PRINCE CREEK PARCEL Dear Ellen, As per our meeting of February 16, 1992, I am suhmitting the requested documentation from Mr. Nicholas. Lampiris and Mr. Bob Daniel for the above referenced parcel (attached as Exhibits "A" and "B"). Mr. Bob Daniel of Banner & Associates, Inc., has reviewed and concluded that the existing driveway to the parcel to meets Pitkin County Road Standards and Specifications. Mr. Nicholas Lampiris, Ph. D., has reviewed the geology of the site and has concluded that the driveway to the parcel has been constructed along a suitable alignment and that the land is suitable for the intended development. Please notify this office if any additional information is required for the determination of administrative ruling for this parcel. ~i/n e~rsly yours, 1W ~ nne Blo~. Th Stevens Croup, Inc. j Red Onion Offices, 418 E. Cooper Ave., Suite 205, Aspen, Colorado 81611 (303) 925-6717 FAX: (303) 925-6707 BANNER CONSULTING EN GINEER9 S YF :H ITECTB BANNER ASSOCIATES, INC. 2777 Crossroads Boulevard Grantl Junction, Colorado 81506 (303) 2632242 FAX (303)2633810 805 East Maln, Sulte 6 Aspen, Colorado 81611 (303) 9255857 February 24, 1992 Tom Stevens The Stevens Group, Inc. 418 E. Cooper Ave. Aspen, CO 81611 RE: JAFFEE PRINCE CREEK PARCEL PITKIN COUNTY, COLORAAO Dear Tom: Pursuant to your request, this letter is written in confirmation of the work performed on the access drive to the subject project. The drive was tied into the property survey upon completion of construction. The drive was constructed approximately 16 to 18 feet wide with 2:1 slopes off of the edge of the road. The road was constructed using approximately six to eight inches of Class 6 Aggregate Base Course placed and compacted in place. Based upon the adopted 12/4/90 Pitkin County Road Standards and Specifications, this meets the criteria set forth for driveway construction. Please feel free to contact me with any questions or comments that you may have. Sincerely, r , h`.-~c~ Robert E. Daniel, Jr., PE Aspen Projects Director BANNER ASSOCIATES, INC. cc: Ellen Sassano; Pitkin County Planning Dept. RED\clk wp-doc\8100s\01-Ollet.ts EXHTEfIT iag~r : Nicholas Lampiris, Ph.D. CONSULTING GEOLOGIST 0185 INGERSOLL LANE SILT, COLORADO 81652 (303) 963-3600 (2S HOURS) .. ,. Cauit .... ... . ... ,. ,..a, .. ... ..... ~.... . , ,.. ,.~ e.. G .. ,"YI :.....,..., C f.:: ::...... > .. w ^, E: ild', { vv:..: Lr?iii, E".: v":i. F'i::f. r:r 4,."'tii?%'a l<: r?;,.. ,_:;::: .1. ("7[?. ., ,:.. t::: i,:.f51,': .,. ;?',.. C-c i7c ..y i; F.:=':: ~. t. Ea :i. 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ENCINSi81tING/3URVEYINC: `~ BADiNBR ASSOCIATB3, INC...... .. 605 E. Main Aspen, Colorado 31611 n - 303 925 5357 :~ r- F., I INTRODUCTION 1 II. @IISTII~C CONDITIONS 2 III. PROPOSHD DEV6LOI'MBNT '"`" IV. LAND USS APPROVALS 6 q `. RRVI6N/ RRQUDtffi~BNTS ~.. A. Areas of State and Local Interest. (1041 Review) 7 1. Wildlife ~ '.` 2. Wildfire E 3. Slopes 0 "", B. General Subsiission C. Compliance with Article 2. Policies. of the. 10 Pitkin Cou~y Land Use Code. V. &RBZBITS ~" application Form E. Pre Application Conference Form C. Letter of Authorization to Represeht '~ D. Proof of Ownership E. Department of Wildlife Recommendations F. Well Permit C. Letter on Prince Creek Water Right ~, ,a ,,, ., ; w!. ~+' _ . +A mint ka. ,~... ~. I. INTRODUCTION .* n.. _.. _ ... ,., .._ .. _:. ,. ... .. _... "" The following application requests 1041 and General Submission .,approval for the development of a 40 acre parcel of land situated in Pitkin County for agricultural -- uses. Within the application, the Applicant shall demonstrate proof of ownership as A,y well as addressing the mapped 1041 issues. of wildlife, wildfire and slope, and all ~a relevant sections of General Submission as set forth by the Mtkin County Code. ~ While the Applicant has attempted to address all relevant provisions of the Land Use Regulations, and to provide adequate information to enable a thorough evaluation of r». this application, questions may arise which result in the. staff's request for i additohal information and/or clarification. The Applicant will be pleased to provide ,.:.r .... ....... . . . ""^ such information as may be required in the course of this application's review. <a .., e.+ .~ e+a p c^ I «. II. BffiSPINC COND1TiONS: The project site contaitts approximately 40 acres and is located on the west side of ~x~ "' County Road 111 (Prince Creek) outside Carbondale, Colorado. This parcel was N,;, subdivided from the Carrithers parent parcel and is now owned, by R'ilton Jaffee. Jr. (for proof of ownership, see Exhibit D). Existing uses oh this parcel of land have .been minimal in the past with only limited aK, r a. livestock grazing. There are no structures on the site and only an unimproved access road. At the time of this application however, the Applicant has improved the wa `..accessroad (see section III. Proposed Development for details) a!" .,~ - The topography slopes steeply from County Road 111 and ih several areas excee s ,~., 30b. However the topography levels off towards the south west corner of the site ~ where slopes. are less than 5$. ?'! Existing vegetation on the site consists primarily of Scrub Oak, Serviceberry and `- g o the west side of the native gasses. Cottonwood trees are found along the creek t road as it crosses the property. ;, Drainage on the bite is divided into two drainage basins which are defined by a ridge at the south west corner of the site. This ridge splits drainage to either the creek along the County Road or to a drainage basin to thelwest of the property. With the exceptian of Prince Creek, no surface water is found on the property. ~ ":o utilities"exist on the project site at this time with the exception of a well on ~.,, the lower portion of the site (see Exhibit F for well permit). - 2 p., ..~ ~. III. PROPOSED DE{BLOPMENT„ ~ _. d A. < Proposed Use:. .~. The Applicant purchased this parcel of .land with the intention of conducting """ agricultural functions: Associated with these, functions. would be the construction of a barn, well, access drive and fencing. __ n. . »^s B. Access:.. 4 As previously stated, the Applicant has. completed construction of an access !"" drive prior to being "red tagged" for the construction. Based upon Section ,,, c. 5 400:3 Exemptions, subsection (b) (2) of the Pitkin County Land Use Code, stating exemptions "for accessory structures not intended for hpman oc ~,, regular group assemblage or fora direct commercial purpose, but rather structures used as a function of another permitted principal or greater use. ~""` utility or mode: and subsection (b) (3) "Construction less than $5,000.00 in r, value.". it was he belief of the Applicant that no 1041 review was, required wa ` for a driveway and. therefore; began construction. At this time, construction of the driveway is nearly complete. Construction of this;; driveway was done ..1 in strict compliance with the Pitkin County Road Standards for Driveway ^"", construction. The final surface,wiil be gravel. Drainage ditches have been provided to collect.. all surface runoff for distribution to the creek at ~.~. .a. . - ,. ~. historic rates. All areas of excavation will be revegetated with a native seed mix. as previously stated, the access drive already existed which minimized the requirement for extensige grading. The grading which did take place was r~ done to widen the drive to 10 feet and provide drainage. These areas of disturbance will be revegetated: .. J .l ar..na. sv na ,..fx-..._....r.~... JtlY. fb MA.. tiSC.'aav weS .cs tU iP. tawda3vlkN".tine.U" ~- C. structures: ,,, ~, ~; tiocated on the 1041 Plat Map is a building envelope for the purpose of constructing a barn of a later date; .Earns are'not considered.."primary" ..» structures. However, in this situation the barn must be considered primary for the purpose of this application as it i~ the only intended structure. ~ i'n Although this barn will be classified a "primary" structure; it will not be for ~"^ residential purposes, but as stated, far agricultural purposes. Utility services will be provided for agricultural purposes only. Associated with. the barn will *~ be corral and paddock areas. For this reason, a Pive acre buildiag envelope has been requested and designated on the 1041 Plat Map. S9lthin this envelope, ,.+ a_; all activities will be confined with the exception of agricultural grazing and "+- property access. ,~ D. Otilitiea: f^' v Utilities to be provided include a well, electric and septic. The well permit ~^* has been issued and the well has been installed (see Exhibit E for permit). c "~ - Prior to construction of the septic system, and application for septic permit »+ 'willbe filed with the Pitkin County EuiIdng Department. Electric secrice will ,. be picked up at the County Road 111 and run underground to the barn site r~ A.; within"the driveway excavated area. ' E. Miscellaneous Lproveoeats: Additional improvements will include but not necessarily be limited to an .~'* .. , . A .., .. ,~ r-~, .. ,~ ~» ~., I'J. LAND USB APPROVALS rM! .. ,._ ,,..., . __ .. •"* This section of the application identifies the requested land.. use approvals and addresses Pitkin Ceunty Land Use Code criteria far each request. The :Applicant is - eegaesting the following land use approvals: r « 1. 1041 Geological Hazard Reviep approval due to presence of slopes in excess of thirty percent (30~) pursuant to Section 5_~01.1(h), the area mapped in a wildlife habitat area pursuant to Section 5 404, and situate in the mapped area of Pitkin County foe severe hazard area for wildfire pursuant to section 5 403. x~+ ,, ~, 2. General Sab~isaioa for the construction of a barn access driveway water „ . ~. ,~ ~ . ~.~ ti .. ~ .~„h n~~. ,.a~,.,K,. iu , ~~:u .., .,.„,~ ..~ .. .. ~-, r line to the building envelope and fencing pursuant to Section 6 2., F"~ ~:, ~„ Fi .. a .. ,: ..,, v. u~ ' 1. wildlife: The subject prdperty is currently mapped as Deer and Elk .~ Winter Range as per the Pitkin County 1041 Maps. Although no specific wildlife studies have been conducted on his property, extensive work has been completed 6y the Division of Wildlife on the adjacent "parent" ~, parcel. The findings and recommendations on these adjacent parcels have been. .incorporated into. this application. Attached (see Exhibit Ej is a letter wcitteh by Kevin Wright, of the Division of Wildlife._with regard to the Crystal Island Ranch which makes up adjaceht and ~, .neighboring properties. This letter contains a list of recommendations ,., for mitigation of wildlife impacts. Those which are applicable o this ° ' project are as follows: rol k. ...-: a. Building envelope to be kept to a minimum. No larger than 2 .w 5 acres0 _:. ~ .. ~ b. All disturbance to be kept within building envelope; c. All fencing to be 42" or less in height, 4 strand or less; ~"` d. Nd dogs; e. Maintain native vegetdtion outside building envelope; f. t;tilities to be buried ih the road. . _ These recommendations by the D.O.W.. will be followed as part of this application. Additicnal recommendations were ,stated for enhancement of Hildlife habitat. Of these recommendations, burning oakbrush and :w ., n ~ ,•- ..., ~, range fertilization fit with the intent of creating land for agricultural ,, use such as that within this application and therefore will be followed. .~, +'` 2. Nildfire: Scrub oak, sage and field grasses exist in the area of the building envelope. During the construction of the barn, a substantial area will be cleared for not gnly the construction of the barn but ~ -also for the corrals: The result of this will be an area of clearing around the zone of activity. At a minimum. an area fifty feet from the - barn will be cleared which will,,minimize,the danger of property damage ~"" during a wildfire and minimize the_dahger'of man made fires affecting the natural .vegetation. ~, 3. Slope: Much of the project site is encumbered by slopes in excess of ~,,, 30ro. However, the area identified as building envelope, which has been ` ` surveyed for twofoot contours. i^, significantly less than 30~. For ~ this reason. no building construction will occur on steep sldpes.' ~... ..~ The access road, although previously constructed, has been improved ~,;; to Pitkin County Road Standards for "driveway" prior to this application. The improvements to the driveway involved widening, "'"" providing drainage, slope stabilization and graveling. This driveway traverses areas of slopes in excess of 30~. In these areas, the cut .r• slopes do not exceed 1:1 while the fill slopes do not exceed 1.5:1.. ~ Drainage has been provided for in the improvements of the driveway which will minimize erosion. Additionally, all disturbed slopes, whether .. cut or fill will be revegetated with a "Dryland Pasture Mix" immediately lipoh approval to additiohally stabilize the slope. 3 w, ~:.. ..~ .. s. c~us[tai, sos~sstox xsQVm~rrrs - n .. _ _w._.. _ ~.,...„r.. ._ ._ ..., The Applicant is seeking General Submission approval for the construction of a barn. driveway access, water line contained in the. access driveway, and fencing. The following are prbvided in compliance with hese regulations; A. Application form See Exhibit A . ~^s " ' E. Certificate of Title See Exhibit D~ C. Vicinity Map D. Mapping Included in this. application are the following maps: !" _.,, 1. Vicinity Map r 2. Property Survey „~, 3. 1041 Plat_Map .wr I"' +n+ 9 _ _ ~ ~ .., ; ,, ,..:~.,; ~ WICWfTY MAP ..,f _ GLEN wOOD SRRiNGS ~: +" d56IlNW 1230" '10 ~'ca ae oNOarE iz Mi 'll /CARBONDACFJ '12 '13 `~ n w / ~ _ ~ i ~ ~ 10 ~' , ,.i M i fi` 11 _ ,'a ~ '~ ~ ~ ~ . ~i ~ ~ 6 i' ~0 ~/ ~ .,J ~ !' li ~ ~~ ~ ~ J '>t tii~: rr 6 / ~~ ~ r'" 2 e8w RBA+'. ~ ~ ~ / , ( f' l ~ ~ ~ i / '~ • r ,~ ~. ~ ~ / .- rte ~~ ~ ~j ~ r /~ i/ ~ ' ~ ~f U s6sz _ _ / i i i, i n ~ _ __' , ~,_.i v/r~.~.- - I~-\DEF[VITE _ _BOti &DAR7 ~ ^_ __ _ _~ __ 0 1 I ~ 4 '~4~~ ~~ 1- l / ~ 1 c "s ~F -4~ r ~ ...~ ~ t // ~V c / ~ ~ ) ~ ~/ I~. / ~ / / / h ~ ~.. ~ G !~ V - ~ ~_ i~ ~\ _ _ G r~ ~~~ s ~ ~~~ ~ ~~ i l ~~~~ } ~ ~ l~ y -,-, ~~ ~ ~ V A ~ <_~ ~ ~ ~o.~- poa i~ ~ ~. .~ ~~~~> A-.~ y ~ ~'I ~ // / "- i ~ i r ~~ 1~ ~ I / / . / ~ / ~~, / Vii/ l~~ t ~ ~- -~ l~ ~ oo ~ ~ ~ / L f_ \, ~ '~ r' ~ ~ ~ ' i '~.~ ~ ~. JE ~, ~~ ~ ~. "szn ~ ~~~ ~~~ /~ - , ,,; _ ;, ,~ ~; _.: _ ~ ~ ~ '^\ ti ', o /v ~\~ _ ~ /. \ ~ J ~ FnR - ~ `~.. ~-1 ' 1 ~ A rF ~ ~ ~~~ ~ ~ ~ ~ - t ~ ..~ ._ ~ ~ v ~ V \ y i 1' ~ ~ ~^ ~ ~ -_ °~ _ ~ ~ ~ `vim ,,/ U~~n / A ~ ~ /i .~ _ l~~ t, r -' ,~ }_ ~~, ~, 7 _~ i 7 _ 5 ~B ~ ~..i ~, ~ ~ _ ~ L ~ ~ s ~.«~ ry 2~rr~ ~ ri it ~.' ~- 0 26 / ~ ~\ f ., ,~oo'i Ii~~. xxxAddd .~ ~~ ,. ~ f - 1 - ~ ~«~~ ~ ~- . ~ ' ~ ' ~- R ~ ~ '_ ~; ~ / ~ ~,. y__ 5 -~ - -- ~ ---- ---~----=~== r- -- - _ ~-~ ~>, _ ~.k~~~_~.,x,~o- ~~ . ~s,u u~vx.;~ u~~~.wka~~~w~ +~ - i r*+; c. c:oM<+rraMCS (tiT3 ARTICLE 2. POLiCIBS of 'Plle r1T1@1 COt1RTY LAMD usg conE ....The Applicant is required to address the Policies and General Regulations of Article 2 of the Pitkin County Land Use Code. These Policies and Regulations are addresses in the following section: 2 1 Confor~ance with the Aspen Area Co^Prehensive Plan: ~+ As this project is located in Carbondale, the Aspen Area Comprehensive Plan is not applicable. 2 2 Coffior~aace with Other Lars: Not Applicable . 2 3 Natural sad Man Made Hazard and Resource Areas: ,. Due to the nature of the proposed land use, this development will represent no increase in or create conditions. described in sub article. r 2.3.1 through 2.3.6 .._ 2 4 Soil. Surfioial Oeoloaio Characteristics and Radiation: °"~ Due to the nature.. of the.. proposed land use. and the fact that it represents ao subdivision Qr intended transference of land, nor any ' residential use. the Applicaht requests that a soils report, if ,. ~ .,_ _ _ „~,# necessary, be a condition of building permit. ~s 2 5 .. briveway'drainage'has already been provided for'in the construction _ ..». 10 ~' d E, G.. ~.. ,. - M+b. Ate!` of the driveway in accordance with. the Pitkin County Road Standards ~'" for driveways. The ditches will collect all. runoff,. created, by the driveway (which was not provided for with the pre existing driveway) - for disbursement into Prince Creek. While the barn has. not been designed, the drainage system for the barn a~ ~: has not yet been. designed. This dcaiaage will. however .collect all,........ w, runoff from .impervious surfaces and detain this runoff water for ' disbursement at historic cites and will he available for review. by the '"`~ Building Department at the time of a request for building permit. .. 2 6 Adequate Provision Por Hater Needs: ,,,,, ps previously stated, a well has been drilled in conformance with the well permit which provides adequate water for the needs of this aPPlcation. !^ 2 7 Sewage Treat eat and Collection: ~ Aseptic and leach field system will be used as the system for sewage .~b - ..,,-.collection. This system, once designed will be submitted. as part of the """ building permit process for review by the Building Department and E :.... Environmental Health. As this is not a residence and there is more than adequate land available. this system will be more than adequate. 2 8 Lpacts on Road 3ystew: !'"'! Prince Creek Road or Pitkin .County Road 111 is a lightly traveled, unimproved road. As this application requests approval of only a barn t^ . 11.... v v a., - ,. ~ , .~ ...~ .. ?. _ v r~s , .w ~ for agricultural purposes, traffic will continue to be light and will not be year round. Actual vehicle trips per day, hased on this type ~! of operation will pe less than two per day. 2 9 Road Desisn and Consixvction: As previously stated in this application, the driveway has already been r~ improved from its. previous condition of a dirt two track farm road to ?+~ conformance with Pitkin county Road Standards for "driveway". Gradient, however exceeds, he `designated maximum Y2ro for driveways. The existing alignment was followed both vertically and horizontally L~ in order to preserve native vegetation. As this driveway does nat ... serve a residence, and only agricultural uses, it will be adequate. For ry this .reason a variance for driveway gradient is requested. 2 SO Loaicai Eate~ion of Utilities: __ . _.. Water and sewer are currently not within range of "logical extension". C Subsequently, the site will be served by a well. and septic: ,., ._ _.: 2 11 Erosion: "' Erosion alohg the cut and fill edges of the driveway are of concern. To address this, all cut slopes have .been held to a maximum. of 1:1 while r fill slopes have been held to a' maximum of 1:5:1. .Additionally all ~,,, disturbed grade will be immediately revegetated with a native grass mixture (Dryland Pasture. Mix). .Ali drainage has been confined to "°"" ditches and culverts: r^e 12 ~''' .-~ 2 12 Co~patiblity with Historic and Archeological Resources: p., Not Applicable ~" 2 13 Compatibility with Agricultural Lando and Operations: As this is an application for agricultural land and operations, it is sr ., ~ _ "compatible with the same.. a 2.14 Tracts on Taxes 'and Management oY Necessat9 Services and a?e This agricultural activity will have no impact on public facilities or ~*+ the financial integrity of the community. 2 15 ~ As agricultural uses do not fall into any category stated in .the Pitkin County Land Use Code, Article 5 300.1 nor subsequent resolutions, as ~ land uses creating employee generations requiring satisfaction, this section is not applicable. .~ :.. 2 16 Scenic Quality: The building envelope has been locatedon aportion of the site where 1,,., it is not visible from, the road ar surrounding development. The ~ ~ -_- development of a barn will only be visible distant rdgelines. From r these areas, this barn and agricultural operation will be compatible with surrounding barns and agricultural operations which will protec£ the scenic quality of the area. r!= 13 . T PPP p A 2 17 Air QU81ity: ~^""+ No wood burning. devices will be used which would create. air pollution. `" No other portions of this. operation will detract from current.. air 1~?! .. _ quality. ~"s a , 2 18 Ener¢s Conservation w„ - This operation will require minimal energy consumption just by the nature (noh residential or industrial) of the operation. ~.. 2 19 Trsmsaortation: r~ Not Applicable ..* 2 20 Developfent or Eapanaioa oY Ski Areas: 'rt Not Applicable ~.-* , , , 2 21 CcHDatibi]ity with Baist[n& AdJ'Iticeat NeiKhborhoods: ~,,,, Adjacent land uses are agricultural also. "" 2 22 pater Resource Lpacta: This. operation will haye no_impact on water resources.. rn 2 23 Noise: n.n With the exception of the construction of the barn, there will be not "^ activity which is part of this operation which will create adcer~e noise impacts. L_. 14 M1 .. 2 24 Co>.patibilits with Adiacent or Nearb4 Public Lands: ~* This application represents no high concentration of population, no ~.: high level of human activity nor adverse. environmental impacts. aid _ 2 25 Croxth Rate• Phasing of Public Services and Facilities: amt _ ,,... .. ,..~ .. .a. F ,._ ,:r.M~ -Not"Applicable r. n 15 .., `.. ' Project Number Section/Parcel Date Submitted pitkin county LAND USE APPLICATION aspen, Colorado 81611 i0 8E COMPLETED BY THE APPLICANT: NAME Wilton Jaffee Jr. ADDRESS P. 0. Sox 7 PHONE 925-7478 Woody Creek, Colorado NAME OF PROJECT Jaffes Carbondale ~OG1/Genera.l Submission 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 locate on appropriate CSU/ ERA Maps any areas not covered by the above..) TOTAL AREA 40 acres EXISTING USE(S) ~Iacant land, (PROPOSED USE(S) Construction of barn, access driveway, ,nd ;sell for agricultural (approximate square ~ ' " "" footage for each) uses. (PRESENT ZONING OF SITE G~-I RIPTION OF LAND USE PROPOSAL Tlie a~glia^.nt saeks Genere.l Subni lion e.nd 1041 aoYro~,-"1 for develogmant of ;. 40 acre parcel for agricultural uses, BE COMPLETED BY THE PLANNING OFFICE E OF APPLICATION: REZONING P.U.D. SPECIAL REVIEW BUILDING PERMIT REVIEW IEW PHASE: PRE-APPLICATION GENERAL SUBMISSION P.C. AC" BOARD A( DETAILED SUBMISSION P.C. AC' GROWTH MANAGEMENT. SUBDIVISION EXEMPTION 35-acre + SUBDIVISION ATE COMPLETE DAT II FINA1_ PLAT BOARD ACTION DATE w ._, ~~. _.~~.,..a,ti..>,. ;-* PITKIN'COUNTY~ ~ `~~ '~ //~ //__ PRE-APPLICATION CONFERENCE SUMMARY DATE; CSI ' V ~ ~ PLANNER:... `-i =`~ _ ._ PROJECT: 1b'~O ~/tv~-1~~//~/~~~ a•* APPLICANT'S REPRESENTATIVE: T,.., !~s~/an. REPRESENTATIVE'~~S~PIHOINE Y OWNER' 3 NAME: V=~` T~'^ `) ~~'2 SUMMARY i. Type of Application: ~t74' ~~~pi,~ '1~~7~hh~~,-~ "" 2. Describe action/type of de~elopment,being requested':_ as, i..:~<,~/~6,~-vim auv~ ~u (~-J~~( / ~.El -~`~' af~f~> ;~~.ti ~'~~~br~h4}-.~____ r.•s ,.e, {~ (~PA~/h~~-iWi ~ hl U~~t¢af}r~-.~~jcyi.,r/~ww~~~~,~ evro_ 3. Ateas in which_,Applican~ has been requested'to respond, types of reports requesteds Policy Area/ Referral Aqent Comme a i mn ~ fq. .n ' 4. Review is before: (P6Z Only) (BOCC Only) (P6Z & 'BOCC) r,,,, 5. Public Hearinq: (Yes (No) At: (PEZ) (BOCC) (BOTH P&Z 6 BOCC) 6. The applicant needs to post a sign for"each "public hearing pursuanE to Section 6-3.4 of the. Code. (YES) (NO) aen ... _ 7. Did you tell applicant to submit list of, ADJACENT PROPERTY OWNERS? (YES (NO) Disclosure of Ownership:' (YES) (NO) r-, 8. Number of copies of the application to be submitted: `~ ~ 9. What fee was applicant requested to submit: ~~ 7~ , ~ ~ I <</.G2~ /~. {~ -- 10. Anticipated date of submission: '`""" it.COMMENTS/UNIQUE CONCERNSe GI ~ .e. K'A ,.... ,.. _.. ~,,,, frm. pre_app. county :~, .~ ;~. n- ~., _ _ _ P ..wPP~. count„ __ fim:`/"re a K "y ~ PREAPP1041 - .++ ~-- f ,. I T /~1 Iin. ~4 ~IIIf11 r3 ~ .. ~ 1 .. ,! . i an August 6, 1991 rs "" Pitkin County.. Planning '- 130 S: Galena Aspen, CO 81611 r~ RE: .Letter og Authorization to Represent ro~ To Whom It May Concern, This letter shall serve as authorization far The Stevens Group, Inc. to represent my ~ interests in the 1041/General Submission Application for my property located in , - Carbondale, Pitkin County, Colorado. Sincerely, P'~ _ .. ,,,, .Wilton Jaffee, Jr. .., ~' ~- ~,,,; ,/ +.^ %f ~: ~' .~ ems, n s„ ~, eng ±!f.. , aaw IN' aa* oak aae er'u Arra _. - :_. -~. _._. _ _. _ ~..s i ~VARRAN'CYURCU THIS UEEU, moan mis 'x 4~- aay of y p f' i ~ . 19 90, bcrwcrn ASHLEY CARRITHERS of nm 'Cnunry of Garfield anJ Slam of cnioraao. gr.nror. one WILl'ON L. SAFFEE, JR. whoa legnl nJJmss iv p, 0. 6oz 725, Aspen, CO 8LG 12 ' or inn aanrynr .... and srarc or cad Jd. Bnnrac: \V ffNFS5ETI1. TLni ilre grnn6rf ea'n<oniiJeer' tithe zmn of 'P2p Dollars andoGhe~'good and valuab Cons ids Ca tlon _________ ______,___~~__~.._ ____~___a.__=~~^_5°~Hr '-"'~x^'_"INI'LI nAR~i'. the mceips arM wfficierwy of which is hertby xknoikJgeJ.hn graurcd. hargair J dJ niril arnieJeJ mrJ by sbek pr cm Jrrc. gr. m, barge ri.leil. convey and wnhnn. uhmrhe Branme. hishe s\ J coigne fart alhik rcil poll ry e4rtl ai+v lL p mhrcnra,'f a. I m Iv rFa ul bcinp in lbe" Coumy of P1Lk1^ ailJ SrmeslCl xlu dakrihcJ si fallmvii ' WhW-`SNE!t, Section 24, Townsifip 8 South, R nge 88Wesr ' of the 6th P: N. ASHLEY CARRII't[ERS I .11 ~_~ II Ibe plnml rbe zmgnlar. J a u e of anY 6 Je I II I¢.nppl e 1 I r all genJC ~ IN NIINESS R'l1EREUF. rbe grfmw has esecumd iM1 Jc I Ole J:n<arf rh aFrvv. CI'° ' uk by ameua ar as (vacant land) I T04FlfIFR 'h II J. g l nc~ he d' 'r J pp I c. tl r hcl B 8 Y -~ ri r g J tl n anJ i rtv< rrJC J J<. m J p I I rlrcu f I II J err 'gl I lJ< ¢ c r P" J Jc u. J whalnrrcver of the grmr cimcr nlaw or y yaf hands rl<Mwp hdrgai cJl rl I Ir r: I Ip r _ i 1U IIAYEANII IU IIULU rbc iaidpc res aMweb ga ¢J and AsuTl d xJr rue nppus c.inu. rucg ner.l>bvis ntl aaigns l fore AnJO g unn f I df h dre Jp:i. l cp r r vc J g , h g J g f i I I p g rg .I I J asa6 rl t Itl<r' frl cent 1 Ba dd I e fdeul c•c 1 1 Il.c J III p to b c )cl I B I ~ IRI h I and Jc(c rhlc aaic ! d I rcc vil ff s plc "ll x\ I \Ir Ill lx II f } rl rys is ik g II I yrl r in m ur J f \. f c W W it nl Ic I I l r o. n +II I_ + nnl .. Ixr F I I nFsnn c l I r d, ruse, r c rc n: coca 1 nmea arW wnr r' aof wb.deve k J r mh.ax'o.,[%Ax s116~fCC l0 CEae LVa tlOllS~atld a%CepC ions contained in United States Patents, includingall mineral reservations; easements'' and rights-oF-way of public. record; and except [axes for 1990 which the Grantee assumes end agrees to pay. TI g s .h. 11 d 'II WARRANT ANU IbREVER UF(FNUlhc ahrvd~bbg Iprena:nrh q re7and Mxeabl m anndlih granite. hiah'. Ja.'g. g'nxr all anJ<verype nnlartr ie liwf II dmr rP Y r g qxl r: gpan the f II it gniai I ahull iiBiWe he pluiah it srn'rE OF COwxnlw ~ Caumy of C,as£i.ala' 'rein }". ?hrfsaegoing invrvmem was acknowledged Before ne rliii f ~~~ say nr (~ re 90 ~ ~ b, y' 'L' . . ~ Ask ley Carrithers: I my <n (g}ur?apirtS ~ I ~I . 19~; Wirnra n~ h, J a rd,rnicial seal, ~~ ' i .,.L. ' c 'If in Denver insttY'Ciry arJ" i No. 9aiA Fn .).gi. v:naannry lsgan 6a rnNm•rn+arv>u nuJmm runt •nmpl fla)\l rey oem«fllarNi ri(i Sei.]oq aae r` -.. _ .n... ., sc .. ...a a. .,. 9._a r.„- .. .a.~-K.. xcn ~, Form (la! '"° COrnmltin~nt F~c~P~y~ ".: Rfe .^A COMMITMENT FOR TITLE INSURANCE ISSUED BY First. American Title Inscctance Company ~., FIRST AMERICAN TITLE INSURANCE COMPANY, herein called the Company, for valuable consideration; r~+ hereby commits to issue its policy or policiesof title insurance, as identified in Schedule A, in favor of the proposed a Insured named in Schedule:A, as owner or mortgagee of the: estate or`Enterest covered hereby in the land descrhedor °' referred to in Schedule A, upon payment of the premium4 Arid cliarges llierefor; aIC subject (o the provisions of Schedules ~ A and B and to the Conditions and Stipulations hereof. This Commitment shalt. be effective only when the identity ofdre proposed Insured aril the amount of thepolicy or policies committed for have been inserted in Schedule Ahereof by the Company, eitherat the lime of theissuance !""" of this Commitment or by subsequent indorsement. w=y _ . ThisCommitment ispreliminary to the issuance of such policy or policies of title insurance and all liability and obli~ ~~ gations hereunder sfiall cease and terminate siz (61 monthsafter the effective date hereof or when lire policyor policies ,, committed for shall issue whichever first occurs; provided that the failure to issuesuch policy or policies. is nat the fault -' of the Company. ThisCommihnentshall not be valid or birding untifcounEersfgned by an authorized officer oragent. IN WITNESS WHEREOF, the Company has caused this Commitmenlto be signed and sealed, to becomevalid when ~-- countersigned by an authorized officer or agent of theCompamy, all in accordance with its By Laws.Tfiis Commitment is effective as of the date shown in8chedule A as "Effective Date." ~+ tr^+ •.• r' ~~11 F. I N fG ''~rl Cpl .. Tf rtr W r, 4 ~ x .f q _ ff O N '. SEPIEMBfA 24, ~ } +, First American Title Insurance Company gy ~ PRESIDENT d 1966 a' ~ ,/ 1 ~' ''• •' r' ~ ATfEST ~,t,(~iw•-. ~.3~~~, SECRETARY It M .... y -- ~ ~~^ - 9y ~i:!~:~ COUNTE RSIONED ~, . _:.. Form 1768-A !, Commitment. Schedule A ~ REMAX MOUNTAIN VIEWr INC. 0223 Highway 133 -~- Carbondale, CO 81623 Attn: Ruth Fender SCHEDULE A .~ Customer Reference No. JAFFEE 1. Effective Date: February l3, 1990 at 7F00 A.M. ,Commitment No: 400703-C SM/pg !"" 2. Policy ar Policies to be issued: la- ^ ALTA Owner's Policy $ Proposedlnsured: WILTON L. JAFFEE; JR. ~°°? Ib) ^ ALTA Loan Policy Proposedlnsured: i lo) ^ Amount 60,000.00 3. The estate or interest in the land described or referred to in this commitment and covered hereinis fee simple and title thereto is at the effective date hereof vested in:' THE PARSONS FAMILY REVOCABLE LIFET R•1E TRUST (1987), as to an un- '" divided 1/2 interest, and THE DONALD J. PARSONS FAMILY REVOCABLE. ~„ LIFETIME TRUST, as to an undivided 1/2 interest 4. Theland referred to in this commitment is "'"~ LEGAL DESCRIPTION SET FORTH ON SHEET ATTACHED ;., HERETO AND BY THIS REFERENCE INCORPORATED HEREIN AND MADE A PART HEREOF. aM n Owners Premium: $ 434.00 """ ' leriderts Premium: 8 Add'I Charges. Tax Certificate: $ TOTAL CHARGES: E 434.00 CCrs to• REMAX fdOUNTAIN'VIEV1, INC. REMAX MOUNTAIN VIEW, INC. REMAX'MOUNTAIN VIEIq, 1NC. t^~ _ . _ _ ~~,.,...<.. _ .,. v.~~.~_ ..,~.,~.~~. ` `Order No. 400703-C ~ Plat I.D. # ~' SCHEDULE A (continued:) _ ~"` Covering the Land In the State of Colorado, County of PitkTn, Described as fo~~ows: ~ W1/2, Wi/2, NEi/4, Section 24, Township 8 South, p„ Range 88 West of the 6th P.M. r± r -, _ ..e a^ ~-! .~. ,., ., r- o. s- e,. .y .-, -- - SCHEDULE B -Section 1 No. 800703-C Requirements _ ~« The following are the requirements to be complied with: ~!, :. .. Item la1 Paymentto or for the accounC of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ,.e Item Ibl Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: 1. Deed from The Parsons FamtJy Revocable Lifetime Trust (1987), ae to an """ undivided 1/2 interest, and The Donald J. Parsons Faml~y Revocable. '' Lifetime Trust, es to an unduvided 1/2 Interest, to Ashley Carruthers. ~.., NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, ` pursuant to Article 14 of House BtJ No. 1288 - CRA 39-14-102. ~' `'NOTE: Affidavit for The Parsons Fama~,y Revocable Lifetime Trusf _ ~~ - (1987), a Colorado trust, recorded November 18, 1987, In Book 550 at Page 517, discloses that the.. names and addresses of_the,truetees.of said '^ trust are as follows.: Glenn F. Parsons r~ P.O. Box 507 Colfax, CA 95713 ,,,~ NOTE: Affidavit for The Donald J. Parsons FamlJy Revocable Lifetime _•+ Trust, a Colorado trust, recorded November 1`0, 1988, 1n Book 578 at Page "~ 339, discloeee that the names and addresses of the trustees of said trust are as follows: Donald J. Parsons P.O. Box 1026 ~! Colfax, CA 95713 t Doris K. Parsons ,,. P.O. Box 1026 `' Colfax, CA 95713 2. Deed from Ashley Carruthers to Wilton L Jaffee, Jr•. ., ' NOTE: Ou1y executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, !~-~+ pursuant to Article 14 of House 8111 No. 1288 - CRA 39-14-:102.. ... Form 1756 ~ 82 (Modified 1 -. oommitme~t,senedoias-2~-_ ~ ~ ~Orde~~~No: ~~400703-C ~:. , ..Colorado p.e .' SCHEDULE B -Section 2 "~ Exceptions ,. _ _ a^ Thepolicyorpoliciestobeissuedwillcontainexceptionslothefollowingunlessthesamearedisposedofto the satisfaction pf the Company: Any loss or damage, incfuding attorney fees, by reason of the matters shown below: e 1. Anyfacts,rigtits,interests;orclaimswhicharenotshownbythepublicrecordsbutwhichcpuldascer- tained by an inspectibn of said land o~ by making inquiry bf persons in possession thereof. w~* 2. Easements or claims of easement which are not shown. by the public records. 3. Discrepancies,conflictsinbpundarylines,shortageinarea,encroachmentsanrJanyotherfactswhich ~"! a cgrrect survey would disclose, and which are not shown by public records: ~' " 4. Any water rights or claims or title to water in, on or under the land. '~" 5. Any Tien, dr right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. ,,~ 6. Defects, liens, encu appearinglnthe pubiicrecordsorattachingsubsequenttotheettecuyedatehereglbutpnortotneoatetneproposec ~,,, insured acquires of record for value the estate or interest or mgrtgage thereon covered by this commitment. .~ ,., , 7. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or .sewer service, or for any other special taxing district. ,~+ 8. R(ght of way for ditches or canals constructed by the authority of the United States, as reserved 1n United States Patent recorded, February 9, 1938, in Book 167 at Page 13. 9. Alt coal and other minerals, together with tfe right to prospect for, mine, and remove the same, as reserved fn United_States Patent recorded February 9 1938, in Book f67 at Page'13. 10. Easement and right of way for pedestrian and vehicular travel. purposes, as granted by Charles E. Thomas and Edna Thomas to Bobtiy E. Stone, Janita L. Stone, L. Gordon Cooper and Susan Cqoper by instrument recorded December 2, 1975, 1n Book 3,g6 at Page i23. 11. Option to Purchase between Ashley Carrtthers, Donald J. Parsons and Glenn F. Parsons, recorded November•'14, 1983, in Book 455. at Page 561. -, ~ 12. Farm Lease between Donald J Parsons and Glenn F Parsons, as Lessors, and -- Ashley Carrlthers, as Lessee, recorded`fJovemDer mid;`%983; in~~Book 455 at Page 572. ,.. 13. Any and all unredeemed tax sales. (Continued) ...~ Exceptions number-_____. are herebydmitted. 9 ~ ~ ..+:,~ .. sa .' / rv F. ...~ ~ 6.i:. n4w~.. _ ,.. _ «L.a en p Commitment No. 400703 -C - - EXCEPTIONS -continued m., NOTE: Upon receipt of a Certificate of Taxes Due evidencing that there are ', no existing open tax saes, the above exception wlll not appear on the - policies to be issued hereunder. o~+ .. i-; .. ^, ;; ,A* r. .. ,; •~+ y. '. YM! .. ~.. ~v v z a ..:. ~.. m+M1mR.y~M.+.~.+WU+e4~hrpWa.uNavEUR~1~q Ir iilr ~nuu u~sralns~u ul sulEUUl.r- n ur nlls c~cml;liuanl rtirl IIILF IrrsuuNlc~ Is n s Iucl_r: i nrln v Izrsllrr-nc~ c nlr.cuuna; n tutnxlrnrnull ull ~,,, ~u+unws~ uurrl, nlE l~igivsW vw`Ilra's itiiLlcr 1ftsuilti~ Is`Iiollr)'~~u nlnr: "' 1. (.bl or odo Insu'flncA Iteyalnllvns rt!tl ill0 lhai RV81y Illla 911II1y "~ shflll Ile ('eSpOllsl hle rUr' fl1i Inflllets MIIICII npheflr" Vr IaCV1J Irf~IOt' " iv iho iinlo or rgcvrJllu~ Irhailovnr Ilse Illie enllly cxlndocis the '- cioslnq oriJ Is rosponslblo rvr rocvrJlnq or f Illny of feyal Jocunenis resell lllly lran Iho Il nnsacllon Irhlch wfls clvseJr r*,._. _ 2, the Fxce/ilon rerelrlny Ic/ rinchmlic's 1_le~ls unJpr SclioJuho I3 I'flri h II moy o Jeioled rlun Ihn olrl~Ar's pvllcy, whvn Isstnd, upon S~IISrflCiIVII qr 1111111 NI III III, Y(1r11111 ft1191t1 s. n105e IPII nII'Allell~s k nlfly IIICl l1(Ig InJomill ly aqr Anuonls, flppr VVnl Or rlllail0l ni SlflIl15 V( fltl Indemnl lar, eXRlll llln llUll Vr I ICII M.1IVPt S, n hhy Sl Ca IIIISpE/cIIVl1 +*~ or the properly fl11J~V1 saCh nJlll IlVllfll re(Il11re111011Is Or Ihrol'mallvn fls the Company inay Jo nn necessary. ~"; _, , ., ~.,~ ~ ~ - ; en .. „~ ;,, : ,.. .. ,.., ,, Form TJO.l788 Commltm~nt, Condltlom and StIP4~m `~ - ~"~ CMI, .. tlfA ~, p .... ,«., COMMITMENT _ _. - Conditions and Stipulations ' R"`f 1. Theterm "mortgage," when used herein shall indudedeed of trust, trust deed, or other, security instrument ^' 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgagethereon covered by this Commitment otheFthan those shown in Schedule 8 hereof, and shall tail to discldse such knowledge to the Company in writing, the Company shall be +Mt relieved from liability for any loss or damageresulting tram any act ofreliance hereon to iheextent tlre.Company ' is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledgeto "" -'the Company, or if die Company otherwiseacquires actual knowledge of any such defect, lien, encumbrance, adverse Bairn or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment sha0 not relieve the Company fromlfaTi1ity piewotisly incurtedpursuantlo paragraph~3 oT'~" .- ...-. = these Conditions and Stipulations. ~. 3. Liability of the Company under this Commitment shall be only tolhe named. proposedlnsuredand such parties ' ' Included under the definition of Insured in the form of policy or policies committed for and only foFactual Idss incurred fn reliance hereon in under taking in good faith lal to comply with the requirements hereof, or Ib-to eliminate exceptions shown in Schedule 8, or Icl to acquire or create the estate of interest or mortgage thereon ,1"`, coveted by this Commitmentln no evenfshall suchliahility exceed fire amounCstatedin Schedule A for the policy or policies committed for and such liafiiliry is siibect to llie Insuring provrsions, exclusion from coverage, and the Conditions and Stipulations of the form 'of policy or policies committed for irfavor of the proposed ~g _:.. . Insured. which ere hereby incorporated by reference andare made a part of tliisCommitment except`as expressly modified herein. 4. Any claim~of loss or damage, whedler or not based on negligence, and whicR arises out of the status of the title ,~..... to the estate or interest or tbelien of theinsured mortgage covered hereby or' any action asserting'3uch claim, ,.. ,.., a shall be restricted to tFe provisions end conditions and stipulations of this Commitment. .u.. R'r! ~ ... .. .,. n ,,,,, AD,i ACENT OMNQtSH 1 P CERT I F 1 LATE P"' -- ASPEN TITr_E OORPORATION, a corporation organized and existing under and by virtue of the Iaws of the.-State of Colorado, e^* HEREBY CERTIFIES r++ That i t has made a caref ul and d!l igent search of the records t n the `` office of the Cferk and Recorder for PitkCn County, Colorado, and has determined that those persons, firms or entities set forth on the Exhibit "A" ""~ attached hereto and by this reference tncorporated herelh and made a part hereof, reflect the apparent owne`rs`of Iots,'tracts, parcels and condominium units lying adJacent to the following described real property situate, lying ~!± .and. being in tfie County of Pitkin, State of Colorado, to-wit: r,,, W1/2 W1/2 NEi/4, Section 24, Township 8 South, Range 88 West of the 6th P.M. _._ ~. c ,, .., This Certif (sate has been prepared for the. use and benef tt cf the above named applicant and the Ctty or Town of Asoen in the County of Pitkin, Stateof Colorado. .THE LIABiIITY OETHE OOI~AI~Y~H~EIJfIDER ~~~'C~XPf~~SSd.YL1MITED c, ; TD THE AF-JIINT'OF THE FEE PA 1`D~"FOR`THIS CF}iTyFICATE PLUS S25U.00; _ ~"" DATE: October_21, 1991. ASPEN TITLE CORPORATION,... a Colorado corporation.. y ey, al,i.ca~ .. C Jfat,~,.,~~ ,~ -- ..~,~~..... <,_ _~:,,.. ~._A~..o~a.,~ ~~~.:~~~.~ ~: ~; ,.,, EXHIBIT hA~~ .., ,:: Michael L. Strang and Kathleen S. Strang as to document recorded in Book 235 at Page 183, Pitkin Co, records (a readable copy is not available) ~; _ United States of America ~,,, ~., ~ w. ,. Laurel M. Loeb '"~ P.O. Box 363 .:......... ........Carbondale, Colcrado 81623 as to Lot 5, Block 2, Price Creek Subdivision ` Cean Smith and Chris Samuelson, and David Samuelson and Karen Samuelson „~ 1128 Cooper Avenue Glenwood Springs, Colorado as to the NW1/4 SE1/4 of Section"24, Township 8 South, Range ~"' 88 West of the 6th P.M. George S. Stranahan - P.O. Box 70 Woody Creek, Colorado 81656 as to leoa7"description recorded in .Book .566 at Page 536, Pitkin r„ County recdrds ,, ,.*; .. ..g P" n - -... .__... ....._ ...~ .. .....:~,_ .. w.,, .wnaa w mwa„ ,~,..:~....ac. .a,:,.:.+sr.m.:~s.d.-..,.~s~::wu«~ ~(A1"E OF COLORADO Roy Romer, Governor E"=" /~DEPARTMENTOF"NATU~RESOUgCES ,, _ , " au,k; ... .. a>4 ` DIVISLON OF 1NILD~LIFE aNEOWI OVPORTUNITV`cMOIOVER "' ~ ' Perry D.Olfon. Olreotor 8080 eroatlwfy Dsnvsr, Colwedo 80218 TefePfibria: (3031 ?97.1192 .... .... Nvl _.; April 24, 1990 .~ Crystal Island Ranch Virginia Carrthers ,,,, P.O. Box 278 • Carbohdale, CO 81623 Dear Mrs. Carrithers: P.. Crystal Island Ranch lies within deer and elk winter range, as well as deer winter concentration area. Your ranch contaihs valuable winter habitat for these animals ~ as indicated by the amount of browsing, tracks, droppings and trails. There is also a travel route and migration `route through the ranch, includn6'the " a.: separated 320.. Wildlife impacts would be minimized. by the following: 1) Homesites and building ehvelope's'be located at the sites we selected on 4/10, ~, 11/90 (This included 15 sites and clubhouse site) n 2) Building envelope size be kept to minimum. No larger thah 2-S Ac'for most sites. `~ 3) All disturbance be kept within building envelope: 4) All fencing be: 42" or less in height, 4-strand or 7ese. ... 5) No dogs % .._ ,l. , ',. _ 6) Maintain native vegetation outside building envelopes. 7) Livestock or horse grazing be located at the bottom of the ranch where there sr^" is current polo, horse. pasture. This would be a commn area for that purpose. ` 8) No houses on upper ridges or ridge tops. ' 9) Utilities be buried h road. ,,., 10) For some specific sites: r` a) Pohd site -Keep back away from pond to assure continued use of pohd by ` deer, waterfowl Also, put drive ih before pond and maintain buffer between drive .and pond as we discussed. Pw b) Duck Meadow -Stay to west of road. No sites on point directly above and ,._ overlooking meadow. A barh'or outbuilding could be constructed on east side of road. .n- c) 320 Parcel -Access road for Stone be placed along edge of oakbrush and meadow, not through middle of the meadow. rRR - .Ri .» DEPARTMENT OF NATURAIRESOURCE5.'Hamlet JBarry, Executive Dvector a•.~ WILDU FE COMMISSION. William R. Hegberq; Chairman. Denrns Luttrell, Vice Chairman .Eldon W ^ ~ .,oooer. _ecre;ar, ~, Felix Chavez..M ember • Rebecca L. Frank Member: • Gene B. Peterson, Member • George Van Den Berq, Member nary M Wdght: ^.. .. 4P9 ,. ,. ....... .. _. _... i_g.. ,, .. ~,. ~.,... a., _,.._a, ... M» ,.. April 24, 1990 Virginia Carrithers ._ Crystal Island Ranch ~ Page Two The Colorado Division of Wildlife would support your intention of placing ~"'" the remaining portions of the ranch in conservation easement'and will assist „w you in any way we can. How you choose to market your property is your decision. We have no'objections if you wish to .split the 320 acres along ~, Prince Creek, with the placement of 2 homesites, we identified, from the rest of your ranch. We would also support a conservation easement for the 320 Acres. ~ As far as any habitat inq~rovement on your property, I would like to bring our biologist out and obtain his opinion. Some possibilities exist for: ~': 1) Burning oakbrush for deer and elk ~,, 2) Food plots for turkey with transplant of wild turkey to ranch 3) Range fertilization 4) Brush beating in strips ,; If you have any questions, please feel free to give me a call. .., Sincerely ,~ ~,cu-~2 Kevin Wrigh .District Wildlife Manager '~° Carbondale 945-7228 wa+ rN ... „,~. ..nw ..~ ~. v s. ,i =a»an m~~ M -- e^ ~,»+ r y.. { ! n Y ,a -Well Permit r~+ ;~, a..., ~,., ., .., .~, 819 Cer!tennial 81dg., 1313 Sherman St., Denver, Coloredo ,80203; ., ~"" ~ (303) 8993581 1095 s«+. I WELL FERMfT NUMBER 7 ~~~~~ `'PLICANT DIV. 5 CNTY. 49 WD 38 DES BASIN MD "'e Lot: Biock:.. Filing:" Siif~diLi .. ... _.._~-m. ~ -...-z„ , w w.. ~u,.w -,.._..~, APPROVED WELCLOCATION COUNTY PTT12ThT.,.,:,: .,~. ..... .. :.. .. WILTON JAFEE JR NW 1/4 NE 1/4 Section "24 P O BOX 4765 Twp 8 S Range 88 W 6thP.M. ,,,, ASPEN, CO 81612 e.; 925-.7211 , '"~R61ff TO CONSTRUr,T A WELL DISTANCES FROM SECTION LINES "100 pt. from North. Section Line 2500 Ft. from East Sealon Line ~" CONDtT10NS OF APPROVAL _ , ~. ~,.,,r~:_. wV, ._. .,... ,~ -,~ This well shall be used in such a way as to cause no material injury to existing water rights. The 1ssu2nce of~the permit does not assure the applicant that no ihjury will occur to another vested water right or preclude. another ~' owner of a vested water right from seeking relief in a civil court action: raj The construction of this well shall be in compliance with the Water Well Construction and Pumplhstallation Rules 2 CCR 402-2, unless approval of a variance has been granted by the. State Board of Examiners of Water Well. °" Construction and Pump Installation Contractors in accordance with Rule 17. _ _ , ~~j Approved pursuantto CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 40 acres described as the W 1/2 of the W 1/2 of the NE 1/4 of Sec. 24, Twp. 8 Sout?i, Rng. 88 West of the Sixth P,M: Pitkin County. na+ The use of ground water from this well is limited to fire protection, ordinary household purposes inside one (1) single °' family dwelling, the irrigation of not more than one acre of home gardehs and lawns, and the watering of domestic animals. The maximum pumping rate shall not exceed 15 GPM. 6) The return flow from the use of the well must be through an individual waste water disposal system of the !"^ non-evaporative type where the water is returned to the same stream system in which the well is located. ~: ~ This well shall be constructed not mdre than 20Q feet from the location. specified on this permit, ~~ c~ _J.S-91 .., ~ _. .. .. __~ ~.,w..._ .~.,, AJPgt~OVED: ~ ~~~'~ IV`Qiww(~i~'-` ~ ~~G~l ~-1- /~~~ 1. -Receipt No. 032918S~t r DATE ISSUED SEP 2 7 ~99~ EXPIRATION DATE SEP ~ ~ rhn3 !^ - __..____ .. .~ .. ,. .. _. _. . . _..e~,.~, A ., _. ..... h ..,_.~....:~ ,arm OFFICE OF THE STATE ENGINE;Y ' ''~WS~7 Ro323 1313 Sherman Street; Denver, C~-30203 '10/89 (303) 866-3581 ~FOItMATION POR WELL PERMITS APPROVED PURSUANT ,„ ~ ~ ~.w~uA~~~~,~ (HOUSEHOLD, DOMESTIC, LIVESTOCK AND CO _ "RCIiL, r^ =LEASE NOTE CAREFULLY THE YOUR PERMIT. THE CONDTTION£ ~E VALID. THE ISSUANCE OF TH SHE PERMIT' EXPIRATION DATE I; the well must be constructed and evid~ ~~mpletion report from the well construe ~. f expiration and your well permit numl: may be extended at the discretion of the are in the lower. right hand corner of the permit, The expiration date Mate Engineer for good cause shown. I~ou desire an extension, you how goon cause wpy the weu nas no[ peen consuuccea, muse mciuae, ar. esumace c the well, and must specify the length of extension you desire. The maximum length ~r an extension is one.(1) year. 1HE WELL MUST BE CONSTRUCTED AND THE ,PUMP INSTALLEI „CURRENTLY LICENSED BY THE STATE OF COLORADO UNLESS P+RE E,X ..led with the Office oP the you. a copy of the won e request must e~ to ccmplete can be granted ~'"'ou may construct the well. and/or install ;hepump yourself. if the well is entirely for. your own use, is constructed n property you own, and is constructed with„equipment owned and operated by you. The well must"be drilled ... ~-_ p _ds of~the_~tale Board"of Examiners of~_Water PTell and com leted in accordance wtth the well construction standar, „_ _, !construction and Pump Installation Contractors. If you construct the. well and/or install the pump, it is your `sponsibility to complete and submit a "Well Completion and Pump Installation Report" Form No. WRJ-26. These forms are available from oyc, offices. The report must be submitted within sixty (60) days of completion taf the work or seven (7) days of the expiration of the well permit, whichever is earlier. t'ou have been provided with two copies of the well permit. The owner's copy of the permit is for your recoids. the second copy is for the pump installation contractor. If you did not indicate a proposed well construction mtractor on the application, four copies of the permit are enclosed.. The additional. copies are to be given a: ~..ie well construction contractor you select. ~""he original permit is on 51e in the O[Ece of the State Engineer end additional copies may be ohtained for a fete „ f 50 cents per page. Any change of mailing address or ownership should be reported on a "Change in Ownership/Address", form number GWS-11. A $I fee payable to the State Engineer must accompany the four +*^hich is available from this office. 'lf you have questions, contact the Denver or the Division Office where your we ll is located. M r IVISION 1 DIVISION 2 DIVISION 3' DIVISION 4 _J9 ARIXBUILDING 219 W 5TH RM. 223 422 4TH SL 308 S. FIRST ST 800 9TH AVE. PUEBLO, CO. 81003 ALAMOSA, CO 81101 ~ MONTROSE, CO. 81402 ~REELEY, CO 80631 (719) 5423368 (719) 589;6fi83 (303) 249-8622 ` '03) 352-8712 DIVISION 5 DIVISION 6 DIVISION 7 DENVER OFFICE X129 GRAND AVENUE 320 LINCOLN AVE STE. E 1474 MAIN ST. RM. 823 ` - LNWD SPGS. CO. 81601" STMBT SPGS., 00. 80477 DURAKIGO, CO. 81302 fi313'S1-IERMAN SL ' ,303) 9455665 (303) 879.0272 (303) 247.1845 DENVER, CO: 80203 (303) 866-3581 r+ ;" t ~ "- wi _ .. <,,,. ~ eis,.. ~ .: v ~... '•~,; _~_ y, n< ...z. a - MUSICKANDCOPE ATTORN EVB AT lAW _ _ _ _. ylYy. _.. .. 4161 ARAPAHOE AVENUE I^' R, O BO%65)9 $ „... BOULDER, COLORADO 80306-4 5 7 9 TELEPHONE l30J144>-19>a PAX 130J1 Iq-19» , JOHN D. MU61CK, JR. JOSEPH 4DAM0 COPE° GEORGE M. HILGENDORF~ Al O[ COUNSEL KENNETH A. BOELTE•' RON6. JONG ~ MICHAEL M, MCCAN N••• Apr]-1 8, 1991 s,.onlT,ed,«n nIEC FPNITTE<IN <:WI:;PnI. ASPEN OFFICE 616 E. HYMAN AVE. P. O. BOX 4420 ASPEN, COLORADO H1612-4420 TELCPHONE 130]1 925-]9>v Fs%UOJi 923->982 . nm n .nss .no o.unon. • i rrm.n~ nno oismicr o. cowneu ••. so nonl Ew .PP. n '-- Mr. Wilton L. Jaffee, Jr. P. O. Box 7 ~°" Woody Creek, CO 81656 Re: Prince Creek Water Rights Dear Wink: Prince Creek flows, through your land in the WZ, WZ, NE 4, ~"" Section 24, Township 8 South Rarige 88 West. You want water __ available to you from Prince Creek for two reasons'; first, to have a minimum flow so that a live stream flows through your property, ~^? and second, to provide a source for augmentation of wells should you wish to develop that land in the future. P., The ditch which is immediately upstream from your land that dries up Prince Creek is the Mt. Sopris Ditch, owned by David ` Danciger of Texas for use in irrigating his land in sections 11, 12, 13 and 14 in Township 8 South, Range 88 West. The Mt. Sopris '""A Ditch, according to the decrees, diverts 9.8 c.f.s. of water from ".. Prince Creek: 2.6 c.f.s. from Prince Creek Ditch Priority No. 6; 2.2 c.f.s. from Bennett Ditch Priority No 63; and 5.0 d.f.s. from ^ Mt. Sopris Ditch Priority No. 130. The tdt. Sopris Ditch also has decreed rights for water which ;.,, originates from West Sopris Creek, which is the creek adjacent to 4 Prince Creek to the south and east: The'Mt. Sopris Ditch system '° (there are several structures bearing the name "Mt. Sopris Ditch") is decreed to taY.e water from West Sopris'Creek and transfer that ~ water to upper Prince Creek. Between West Sopris Creek and Prince - `Creek, the Mt. Sopris Ditch system flows to and out-of 'Lane Ann Reservoir (a so knows as Lake .Dinkel. or Lake tinkle)'. ~"' A dispute between the previous owners of the Mt. Sopris Ditch (now owned by banciger) and owners of water rights further ,,,,. downstream on Prince Creek led to a lawsuit and a resulting decree on June 22, 1904. This decree established the prior right of the Mt. Sopris Ditch to the first 9.8 c.f.s. of water in Prince Creek, and that the owners of the water rights further downstream from Mt. ,~, _ Sopris Ditch receive „water ,_only if more than. 9.8 c.f.s._ is ?'"'° available. at the headgate of Mt. Sopris Ditch. The 1904 'decree also referred to the fact that the.., owners. of _ ,. water rights decreed from Thomas Creek were diverting water from Thomas Creek into Prince Creek,. running it down Prince Creek and E'° then' taking it out below. This,.,. practice was confusing the ,_, administration of Prince Creek and, .was enjoined in the decree.. Now, the owners of Thomas Creek water must flow the water down `- Thomas Creek and take i.t out of Thomas ~r=ek under the Them3s Creek water rights that they have. They can only'get' Prince C~~~ ~~'~~~~~~ '~~ ~~ ~-" ~ ~~~ ~~ ~~ ' reek water ?"^ under their. Prince Creek water rights, acid only if the 9.8 c.'f.s. Mt. Sopris Ditch right is satisfied first. The water they get if the 9.8 o:f.s. is satisfied first, is the Mesa Ditch Priority No. ;~, 151 for 2.6 c.f.s. (which is not the same as `the Prince Ditch Priority No. 6 for 2.6 c.f.s`.'). The 1904 decree also refers to_the Mesa Ditch and water .right ~ ~. ,w,_ Priority No. 151 for 2.6 c.f,s. for.. water from :either Prince or __ ~___.. Thomas Creek, however there is no Mesa Ditch priority on the State Engineer's "Stream Alpha List" for Prince Creek. Further research +^^! of the decrees for the. Mesa Ditch isyrequired to determine if_this ditch still has a decreed water right out of Prince Creek. ~;.,, At this point, there .are several potential ways we can obtain a source of water for. you to have a live stream on your property along Prince Creek. They are: 1. We can negotiate with Danciger for some of his 9.8 c.f.s. ...that he diverts upstream from your property. He may be willing to sell for cash. Alternatively, we can acquire some other water that_ could be used on his land in exchange 'f or some of his Mt. Sopris Ditch water. The Thomas Ditch Nos. 1'and 2 or the East Mesa Ditch., which diverts from the. Crystal River, might work for that, for example. Danciger might have more water than he can use. The diversion records for 198.8 show_ diversions from... late May through late '""" September at approximately 6 c.f.s.," and from then through October at about 1.5 c.f.s., for a total of over 1,500 acre-feet:" We do not yet know how many acres Danciger irrigates. The 6 c.f.s. he ~+ diverts will irrigate at least 240 'acres:"' To determine how many ;, acres he irrigates, in order to see if he has excess water, we have ordered aerial photographs. If he doesn't need`all the water he ~,,,, diverts, then it is possible that he has a leaky ditch. If so, it .: might be possible to fine a short section of his ditch so that he can leave some water in, Prince Creek that_would_flow through pour n ---- . - M USICK AND COPE _ .~,~:,_. 3-:>,~.dr .. t.a :. ..,c". .a , E"" Mr. Wilton L. Jaffe, Jr. ~; April 8, 1991 .Page 3 n land. if we did that, then. Crystal River water rights could_be used for augmenting your wells.. 2. We could. acquire water out of Thomas Creek, out of the.. +^ Thomas Ditch No. 1 or No_,2., This will require re-:establishing the ,~. connection between Thomas Creek and Prince Creek that was enjoined .: ,... ,,. ~,.: ,..u~ ..~.5~~.,~,..~ .... -~ in the 1904 decree. That would put water into Prince Creek that is _ _r_... _ ., v,. ,,,,, not presently in the creek. This would be over,and above ,the 9,8 _.. c.f.s. Danciger now has. He would have no right to divert that Thomas Creek water, thereby resulting in a live Prince .Creek through your property. ~, 3. Since West Sopris Creek is connected to 'Prince Creek, via the Mt. Sopris Ditch system, we could acquire rights on West Sopris Creek, transport it to Prince Creek through the system'ahd have ' that water flow through 'your land. r„ 4. Lake Ann Reservoir (Dinkel or Dinkle Lake) lies between West Sopris Creek and'Prince.Creek,_. The Mt Sopris Ditch .system ~~. . brings water from West Sopris Creek into Lake Ann. The ditch system then brings that water from Lake Anne into. upper Prince ~"^ Creek. We could acquire water rights in Lake Ann to :give you a ' live stream. We would have to negotiate with Danciger because he owns those rights in Lake Ann; however, the diversion records do - not clearly indicate that Danciger has actually used any of his .West Sopris Creek water rights ih the Prince Creek basin. ' Therefore, he might be more 'amenable to selling some of those.... rights than any of his Prince Creek rights. We will confirm this ~' with the Water Commissioner when he'retur'ns from a vacation .next ....week. ^ 5. There are also two_„water ,.,rights at the 'lower part of Prince Creek, the East Mesa Ditch and E11a Duch, that divert from the Crystal River and then cross P"rince Creek., Since' they are downstream from Danciger's Mt. Sopris Ditch diversion, it would be difficult to transport that water upstream past your property so that it can then flow downstream across your land. ~' For the record, the Thomas Lakes are at the headwaters of Prince Creek on the flanks of, Mt. Sopris. 'Those lakes were decreed to the Colorado water"Conservation Board in 1976 for minimum lake levels for aesthetic purposes and are not available for use for your purposes. ,~.,, To summarize, the investigations we have completed to date are =, to analyze the `water rights on Prince Creek..... The transfers and injunctions that. .took place in the past have made this .process a~ -- n.. .. »~ ~.ti,,.y7.:~.. , . a ., ~-~ ,..., ~~ ., MUSICK AND COP r+ Mr. Wilton L. Jaffe,_Jr. April 8, 1991 Page 4 difficult and time consuming. We have outlined above the rights we "~~" will pursue to provide you with a live stream. We will, therefore, immediately commence contacting Danciger °'* and the owners of the .other rights mentioned to determine what_ .water rights might be acquired. As part of this effort, we will also examine Dancger's irrigation to determine if any excess water ,,.., exists in, his Mt. Sopris Ditch system. We will make no financial commitment without first discussing the matter thoroughly with you. We `will make sure that whatever "~" water we'select, we will also be able to sell it downstream for you once it has served its purposes on''your property. This will keep the total `costs at an absolute minimum. ,., _ _. _.Very_truly yours, MUSICK AND COPE C°~ ~ ~ J hn D Musick, Jr. JDM:emp _ wooaY:r.rr~:w> e•. ~. .~, .~ ~, ~~ _ ~_.~.,._>,. .~>,K, .«~h~., CASELOAD SUMMARY SHEET ~ PITKIN COUNTY „ DATE RECEIVED: 1/09/92 PARCEL ID AND_,CASE,NO. DATE COMPLETED: 2463-221-00-018 P 4-92 STAFF MEMBER: ES PROJECT NAME: Jaf fee/Carbondale Prince Creek 1041 & Gen Sub Project Address: West side ~~of-'County ~Roa~ `Tll'"~~" "'~ ~°""`" ' " "'"" "" ` " " APPLICANT: Wilton Jaffee Jnr 925-7478 Applicant Address: P.O. Box 7, Woody Creek, CO `~` *" "` REPRESENTATIVE: T om Stevens, The Stevens-Group Representative Address/Phone: 418 E. Goober Avenue, 'Suite 205 Aspen, CO 81611 925-'6717 PAID: (YES) NO -- .,,....,~ „~._ .,.,,. ~..,., , m.., ,._~ ., _ _~,~.... AMOUNT: 51022 NO.OF COPIES RECEIVED 8 8 TYPE OF APPLICATION: 1 STEP: X 2 STEP: P&Z MEETING DATE PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO BOCC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Staff Level: 1041 Minor Hazard Review:.,- Date of.Approval - - .REFERRALS: _... , w- ... ,. Attorney -Aspen Consol S.D. School District Engineer _Mtn.Bell Rocky Mtn Nat Gas" Housing -Holy Cross -`State Hwy Dept : Aspen .Water -Aspen Fire (Glwdj (GrJtn) Envir.Hlth. _ ~ -Basalt Fire Snowmass Vill _ Manager Carbondale Fire ~, USFS (Carbondale) Div.Wildlife _Div.Water Res. USFS (Aspen) Caucus -Airport Manager' BLM Zoning _CO Geo.SUrvey City P&Z Other: ~ ~ Homeowners Assn. DATE REFERRED: INITIALS: FINAL ROUTING: DATE ROUTED: INITIAL: County ~ County Engineer ~ Zoning Housing _Envir. Health Other FILE STATUS AND LOCATION: