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HomeMy WebLinkAboutpitkin.planning.246515200043.: t 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 Apptication Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (11x17) m - ,. ~ . _: • ,_..... _ .~~ ~ 2465-152-00-043 .'~- D#"T'~ 10/13/2000 +ttXiF"'~S~- , O+%$E NO P159-00 . ~.. .:. Brackett 1041 HR 8 Concept Subm PI:NR: Gabe Preston "' Parcel 15, West Sopris Ranch ~ ~ ' ~s ~,a,.=~,-.~ ..... . - .. .. .. .. ...-. - -- `r Brackett Dana ~'=1~1. , P.0 Box 1545 ~ t,'`~fBfE: Aspen, CO 81612 ' P1:~V: .Y Francis Kramaroch i4[tlii 0079 Lighthill Road ~: Snowmass, CO 61654 i'~'IN 927-4263 +~~~s, 1110 1~ES ~' 1110 ALLOCATED tiQUR5.,~'~'-``~ _ 96 OVER: -~ ~~ _ n~ Attorney, Zoning, Engineer-hourly, Env Health-hourly, CSFS. CDOW, Wtldlite Biologist CGS, HOA u; ''~"'`='~~"" ""r"4~ "" "" '~' 1 11612 0 0 0 .` ,, _ TKT -DUE: 2/20J2001 ~n} yv - g~~ ;. ;~~„r :. _ - , OATEt~FINALAQTION; 3/23/2001 __?.. 3/20/2001',: ~HO .;„NO ~~r3 ~ .~$OC~Rasa ~~~ ~' x Noo ~~ BOCCOtd: ~~._ Denial Determination was mailed to rep 8-7-02pIR PZ: ;;::~:;;,;~'~;., j,:~_.;- ~ ~F~t00FF: 052-2001 #470185 ~- z 8/7/2002 =;!:~ Isabel Ramuez 'NO M1DE}~ ~-~~ ~t ..-W~u.u 4^Ilf"M1I [/e'i: :M~.~rr~ ~rr~ .. ~ _ '~~~ -.:.::~ -.::..:a n: ~, [i~" :..., .: .:: x,+.a~. s ~ tom'' 1041 Hazard Review ., ~18E"t1~?'~:~ cam ?~`y;.; , :Y Conceptual Submission :' CA9~ 71'P6: .~..~~ ~~- ~. '1 ~~ 8/2/07 - . s''c=+;;=`='.~~}y~. ~: ii ~ .. I~dt;l5:ti6n:. FFB#98 . .. ;:. :~. n.: ~:. -~ ..: '..: ':'.: i.t-tek e' e i^.ik . _ _1,~, ~ i Determination No.~-200.1 DETERNIINATION OF THE HEARING OFFICER OF PITKiN COUNTY, COLORADO, k, DENYING THE BRACKETT 1041 HAZARD REVIEW, CONCEPTUAL SUBIVITSSTOIV AI~DRIDG~F,LINE REVIEW"'` ". . ~, RECITALS 1. Dana C. Brackett (hereinafter "Applicant") has applied to the Pitkin County Hearing Officer, fora 1041 Hazard Review, Conceptual Submission and Ridgeline Review to establish a building envelope for the purpose of asingle-family residence and customary accessory uses.. 2. The property is described as Lot 15, of the West Sopris Ranch and is more particularly. described in Exhibit. "A", attached hereto. 3. The property is zoned RS-30 and contains, approximately 48.5 acres. 4. The Hearing Officer heazd this application at its regularly scheduled meeting on Mazch 20, 2001, at which time evidence and testimony were presented with respect to the application. 5. A. Vince Urbina, Colorado State Forest Service, in a report dated July 7, 1999, addressing the building envelope, stated: "I would rate the wildfire hazazd as severe because of the shrub density." He also note that the road alternatives passed "through severe wildfire hazard rated fuels...." Therefore, based on the evidence presented, the Hearing Officer finds that the building envelope and proposed driveway are within a severe wildfire hazard. I Section 3-80-070, A., states in pertinent part as follows: "Severe Hazazd Wildfire Areas: Development is prohibited within any of the followirig areas: " 2. Areas that are not mapped but are identified by the Colorado State Forest ;!i" Service and/or the Pitkih County Sheriff s Department as areas containing `C -Severe Hazard: Trees' or `X -Severe Hazard: Brush' wildfire hazard." 6. Jonathan Lowsky, Pitkin County Wildlife Officer, in a report dated March 14, 2001, stated that the home site is within mapped elk winter range and concentration area and within deer critical habitat, winter range, severe winter range and winter concentration area. Although the applicant questioned whether field reports would support the apparent mapping of this site, the Hearing Officer finds that the only evidence submitted supports a finding that the home site is within elk and/or deer severe winter range and winter concentration area; I IIIIIIIIIII IIIIIIVIII IIII VIII IIIIIIIIIIIIIIIIIII IIII ~9 ~ ~z85 03:37P SILVIfi DPVIS PITKTN COUNTY CO"- R 0.00 D 0.00 _ _~ .>. ~~wh~ ,. _,G .i,.a=., ~ . ........ . .....F V ..,...wssYY ~,mivft~totJ nk3. Section 3-80-080, B., states as follows: "Development is prohibited within deer, elk and bighorn sheep winter concentration aeeas and severe winter range areas." NOW THEREFORE BE IT RESOLVED by the Pitkin County Hearing Officer that the Brackett 1041 Hazazd Review and Concept<ial Submission is hereby denied. NOTICE OF PUBLIC HEARING PUBLISHED IlV THE ASPEN TIMES ON THE 1TT; DAY OF FEBRUARY, 2001..... HEARING OFFICER OF PITKIN COUNTY, COLORADO' t~-~--~- ames R. True Hearing Officer Date: March 23. 2001 plD 014(05- i5a-oo-ooy CesEtt- PI5`i-oo I~ 4~701~85` ._..,~_.~ _ .~ .., I If'lll "III "I'I' III'I I"I'III' I'll~'I III "II' IIII I'II 07923/2002 03 i 17P ~' SILV IP DPVIS PITKIN COONTY CO R 0.00 D0.00 ~~~ h e L:., i n 41` l Francis X: Krizmanich Land Use Planning 0079 Light Hill Road Snowmass, Colorado 81611 (970)-927-4263 Mazch 30, 2001 Boazd of County Commissioners c/o Aspen/Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Dana C. Brackett Property, Lot 15 Terliamis Tracts-Request for a Takings Determination Dear Commissioners: I request a Takings Hearing before the Board of County Commissioners for the property owned by Dana C. Brackett, Lot 15 Terliamis Tracts. The Brackett land use. application was denied at a Public Hearing on March 23, 2001, by the Pitkin County Hearing Officer. The Hearing Officer denied the application based on the property's location within Critical Wildlife Habitat and Severe Wildfire Hazazd Areas: Mr. Brackett contends that the recent denial of the Conceptual Submission/1041 Hazard Review by the Pitkin County Hearing Officer constitutes a taking of his private property. Mr. Brackett is willing to comply with conditions to mitigate potential hazazds as recommended by the staff. This request for a Taking Hearing is submitted pursuant to Pitkin County Land Use Code Sections 3-80-030(3) (General Standards), 3-80-070(4) (Wildfire Areas) and 3-80-080(B) which direct an Applicant that has been denied to petition the Boazd for consideration pursuant to Section 3-290(Takings Determination) of the Land Use Code. The following information is respectfully submitted to comply with the requirements of Section 5- 220-010 of the Code: Code: A. A written request for the takings hearing prepared pursuant to the procedures in Section 4-150: Response: This letter constitutes a written request for a hearing pursuant to the procedures in Section 4-150. ,~ AGENDA ITEM.SUMMARY.; TO: Board of County Commissioners THRU: Cindy Houben, Community Development Director FROM: Brian McNellis, Planner RE: Brackett Takings Determination DATE: September 26, 2001 APPLICANTS: Dana Brackett LOCATION:. Lot 15, West Sopris Ranch Subdivision ZONING/LOT SIZE: RS-30/48.5 acres SUMMARY: The Applicants have requested a Takings Hearing before the Board of County Commissioners for their property that was denied 1041 Hazard Review approval by the Hearing Officer on Mazch 23, 2001. BACKGROUND. INFORMATION: On March 23, Dana Brackett was denied 1041 Hazazd Review approval for his property (Lot 15, West Sopris Ranch Subdivision) due to the. presence of severe wildfire danger' and critical wildlfehabitat on the property. Development in said 1041 hazard azeas is prohibited pursuant to Code Sections 3-80-070 and 3080-080 of the Land Use Code. The applicant request a takings determination before the BOCC on April 11, 2001 at which time the hearing was continued due to insufficient information regarding wildlife habitat on the property. On Apri125, 2001, the BOCC determined that a takings had occurred and directed staff to draft a resolution of 1041 Hazard Review_ approval. Staff would recommend. strict development restrictions in terms of limited height and square footage due to the high profile aesthetic nature of this property and the sensitive wildlife habitat contained within. The Colorado State Forest Service (see attached) has recommended thinning the vegetation surrounding any structure on the property to the following specifications: a) 60 feet -downhill. b) 40 feet -uphill c) 40 feet -sides These specific wildfire mitigation standards will result in a lazger area of wildlife habitat disturbance if permitted a larger development footprint on the property. The following calculations illustrate. the amount. of wildlife habitat. disturbance that ,; will result from various footprint dimensions: a) 1000 sq/ft footprint =15,000 sq/ft of wildlife habitat disturbance b) 750 sq/ft footprint = 13,750 sq/ft (over 1/3 acre) c) 500 sq/ft footprint = 12,500 sq/ft (over'/< acre) Staff feels that. development on the property should be limited to the greatest extent possible, and this would be achieved by limiting the development footprint on the Brackett property to 500 square feet. Furthermore, in order to protect the visual integrity of the azea as seen from Highway 82, any structure on the property should be limited to twenty feet (20') as measured from the ridge as no£extend beyond the existing vegetation.. The Applicant has been in contact with the Pitkin County Open Space Boazd in regazds to a possible purchase of the property. Staff is unawaze of the progress of those discussions. ATTACHMENTS: 1. Draft Resolution 2. Division of Wildlife letter 3. Wildlife Biologist memo 4. Hearing Officer memo 5. Hearing Officer determination 6. Applicants Request of Takings letter AGENDA ITEM SUMMARY TO: Board of County Commissioners THRU: Cindy Houben, Community Development Director (; FROM: Brian McNellis, Planner RE: Brackett Takings Determination DATE: Apri125, 2001 APPLICANT: Dana Brackett LOCATION: Lot 15, West Sopris Ranch Subdivision ZONING/I.OT SIZE: RS-30/48.5 acres SUMMARY: The Applicant has requested a Takings Hearing before the Board of County Commissioners for his property that was denied 1041 Hazard Review approval on March 23, 2001. BACKGROUND INFORMATION: On March 23, Dana Brackett was denied 1041 Hazard Review approval for his property (Lot 15 of West Sopris Ranch Subdivision) due to the presence of winter concentration and severe winter range habitats on the site, in addition to severe wildfire danger in the proposed access and building envelope. Development in said 1041 hazard areas. is prohibited pursuant to Code Sections3-80-070 and 3-80-080 of the Land Use Code. This Takings Deterrination was heard before the BOCC at a regularly scheduled meeting on April 11, 2001 at which time the hearing was continued due to insufficient information regarding wildlife habitat on the property. Staff has attached a memo from Kevin Wright of the Division of Wildlife and a memo from Jonathan Lowsky, the Pitkin County Wildlife Biologist. ATTACHMENTS: 1. Memo from Division of Wildlife 2. Memo from Wildlife. Biologist 3. Previous BOCC memo from Staff MEMORANDUM TO: Pitkin County Boazd of County Commissioners Regular Meeting -April 11, 2001 THRU: Cindy Houben, Community Development Director FROM: Brian McNellis, Planner* ~~ RE: Brackett 1041 Hazard Review, Conceptual Submission, and Ridgeline Review/Takings Approval Determination. SUMMARY OF REQUEST: The Applicant requested a hearing, pursuant to Section 4-150 of the Pitkin County Land Use Code, as a result of the Hearing Officer's denial on March 20, 2001. The Applicant contends the denial constitutes a taking of private property without just compensation. The Applicant is requesting 1041 Hazard Review, Conceptual Submission and Ridgeline Review approval to establish a building envelope for the construction of a singlafamily residence. The proposed building envelope and access is encumbered. by severe wildfire hazard as well as elk and mule deer winter concentration and mule. deer severe winter range. APPLICANT: Dana Brackett REPRESENTATIVE: Francis Krizmanich LOCATION: The property is described as Lot 15 of West Sopris Ranch Subdivision. ZONING/LOT SIZE: The property is zoned RS-30. The property contains approximately 48.5 acres and is conforming in size. STAFF COMMENTS: The. standard of review for a Boazd takings determination is identified in Section 3-290 of the Land Use Code, and reads as follows: "The Board shall determine whether the property owner will be denied all reasonable use and economic return on the property as a result of the questioned determination. If the Board determines that a taking has or may occur, it shall take such action as it deems appropriate to remedy the situation. In making its decision the Board shall consider the value of the property as a whole and shall not, base its decision on the impact of tl~ regulation on one portion of the ownership interest. In making its determination, the Board shall consider the beneficial uses which remain in the property notwithstanding the challenged determination andshall give due consideration to the reasonable investment-backed expectations of the landowner. " Section 4-150 of the Code requires that the Applicant submit the request for a takings hearing within 15 days of the Board's decision and that the Board schedule a hearing within 15 days of the request. 'I1ie Board is required to make a decision regazding the application for a taking determination within 15 days after the hearing on the matter. SUMMARY OF APPLICANT'S POSTTION: The Applicant requests a taking determination pursuant to Code section 4-150 andhas addressed the criteria of Code section 5-220-010 in the attached letter: The Applicant contends that the Hearing Officer's denial of the application has denied him all beneficial use and economic return on the property. ISSUES RELATED TO THE PROPOSED DEVELOPMENT: Issues related to theproposed development on the subject property have been fully addressed in staffls memorandum to the Hearing Officer dated Mazch 20, 2001. The application was denied by the Hearing Officer based on the finding that the proposed building envelope and access is encumbered by severe wildfire hazard and contain elk/ mule deer winter concentration. as well as mule deer severe winter range, where pursuant to Section 3-80-070(A) and Section 3-80-80 (B) of the Land Use Code, development is prohibited. Wildfire Hazard: The entire properly has a severe wildfire hazard rating. According to Section 3• 80-070(A)(2) of the Code, development is ptohibited within areas that are identified by the Colorado State Forest Service as areas containing severe wildfire hazanl. Vince Urbina of the Colorado State Forest Service indicated. that the severe wildlife hazard can be lowered by incorporating defensible space thinning. Mr. Urbina has offered a number of wildfire hazard mitigation measures that are outlined in his letter attached to staffls memorandum to the Hearing Officer. Wildlife Habitat: The property is mapped for mule deer winter range, severe winter range, winter concentration and critical habitat. The property has also been mapped for elk wintet range and water concentration. According to Section 3-80-080 (B) of the Code, development is prohibited in areas identified by the Division of Wildlife as winter concentration and severe winter range. These findings have been verified and supported by Jonathan Lowsky, the Pitkin County Wildlife Biologist. Mr: Lowsky has concurred that development on this site would have significant impacts on mule deer. SUMMARY OF RECOMMENDATION: Pursuant to section 3-290-020 of the Code, the Board shall consider whether or not a taking has occurred by virtue of the previous denial. The BOCC shall: 1. Find that no taking has occurred because: A. The Applicant has no reasonable investment-backed expectation to develop a new single- family residence in a severe wildfire hazard azeas; B. The Applicant has not been denied all reasonable use and economic return in connection with the denial of the development application; and C. The Applicant does not have the right to the most profitable use of his property, which would require development in hazard areas. 2. Find that a taking has occurred because: A. There is no area on the property that is not encumbered by severe wildfire hazard; B. There is no area on the property that is not encumbered by wildlife winter concentration and/or severe winter range; B. The proposed building envelope is in the most suitable location on the property for development; and C. The denial constitutes a taking of all reasonable use and economic return from the subject property. The BOCC shall direct staff to prepare a resolution of approval or denial based on their final ruling. ATTACHMENTS: 1. Letter from Applicant's representative regazding takings determination 2. Copy of Hearing Officer Determination 3. Staffls memo to the Hearing Officer dated March 20, 2001 * Mr. McNellis has received a Bachelors Degree in Environmental Design from the University of Colorado and has worked as a Planning professional for 6 years. Mr. McNellis has been an employee of Pitkin County for a total of 5 years. MEMORANDUM TO: Pitkin CountyH~e~aring Officer FROM: Brian McNe~s P anner RE: Brackett 1041 Hazard Review, Conceptual Submission and Ridgeline Review DATE: March 20, 2001 REQUEST: The Applicant requests 1041 Hazard Review, General Submission and Ridgeline Review approval of a building envelope for residential and accessory uses. CASE SUMMARY: The Applicant has not demonstrated that a driveway can be constructed to meet Pitkin County grade standazds by not encroaching onto slopes of 30% or greater. The proposed building envelope also contains slopes in excess of 30%. The Colorado State Forest Service has rated the entire property as severe wildfire hazard. In addition, the property contains elk and mule deer winter concentration areas plus mule deer severe winter range. Code Section 3-80-050 (C) prohibits development on slopes of 30% or greater, Code Section 380-0'70 (A) prohibits development in severe wildfire areas, and Code Section 380-080 (B) prohibits development in winter concentration and severe winter range habitats. Staff recommends denial of this application due to inconsistencies with the standazds of the Pitkin County Land Use Code. The proposed building envelope appears to avoid mapped ridgeline areas. OWNER/APPLICANTh Dana C. Brackett LOCATION: Pazcei No. 15 West Sopris Ranch ("Terliamis Tracts"). REFERRAL COMMENTS: Staff received comments from the County Biologist, the Colorado State Forest Service, Zoning, Engineering, Colorado Geologic Survey, Collins & Lampiris Consulting, and Sshmueser Gorden Meyer Inc. Joanna Schaffner, the Pitkin County Zoning Officer observed that the property contains approximately 48.5 acres and is a conforming parcel in the RS-30 PUD zone district. She indicated that driveway cuts w>11 most likely require a variance from the Board of Adjustments. 1041 AAZARD REVIEW Geologic: The geologic concerns on the property consist of slopes, avalanche aeeas, potentially unstable slopes, mancos shale, rockfall aeeas and a geologic fault line. Geologic Reports: According a 1999 Collins & Lampiris Geologic report the landslide areas and hydrocompactive soils can be mitigated by grading and designing landscaping to keep ground water away from proposed structures. The road can best avoid geologic hazards by minimizing the amount of cufand- fill during construction and implementing proper design to avoid erosion and potential mudslides. In a report by the Colorado Geologic Survey, drafted in February of 2001, there are substantial concerns with swelling soils and erosion. The report indicated that thinning of vegetation may add to this hazard and that structures on the property should be placed to minimize the need for wildfire vegetation removal It was suggested that cut-and-fill slopes steeper than 3H: 1 V and/or greater than five feet in height be evaluated by a geotechnical engineer before any construction on the property is initiated. Due to proximity to an existing fault line, construction should be done using seismic zone II UBC guidelines. 30% Slopes: It appeazs to Staff that the Applicant will not be able to meet Pitkin County driveway grade standards without encroaching onto slopes of 30% or greater. The applicant has proposed a building envelope that contains slopes greater than 30 % as well. Since Code Section 3-80-050 (C.) prohibits development on 30% or greater slopes, Staff recommends that the Hearing Officer deny this application. Wildfire: Vince Urbina of the Colorado State Forest Service visited the site and rated the property and building envelope as severe wildfire hazard due to the density of shrubs. Code section 380-070 (A) states that development in severe wildfire areas is prohibited, thus, Staff recommends that the Heazing Officer deny this application. Wildlife: The property has been mapped for mule deer winter range, severe winter range, winter concentration and critical habitat. The property has also been mapped for elk winter range and winter concentration. Jonathan Lowsky, the Pitkin County Wildlife Biologist visited the site and verified that development on this site would have significant impacts on mule deer habitat. Development within said wildlife azeas is prohibited pursuant to Code Section 3.80-080 (B). GENERAL SUBMISSION (3-110) Access: Staff has concluded that the driveway will not be able to meet Pitkin County driveway grade standazds without encroaching onto 30% slopes. Utilities: The Applicant proposes burying utilities underground along the approved access road alignment. I Water and Sewer: The Applicant has proposed an individual well and septic system for any future development on the property. RECOMMENDATION: The proposed building envelope contains high wildfire hazazd and steep slopes in excess of 30%. The applicant has not adequately demonstrated a driveway design that will not encroach on slopes of 30% or greater. The site is encumbered by elk and mule deer winter concentration and mule severe winter range. Code sections 3-80-050 (C.), 3-80-070 (A.) and 3-80-80 (B) require denial of this application, therefore, Staff recommends that the Hearing Officer deny this application. ATTACHMENTS A. Colorado State Forest Service letter B. Wildlife Biologist memo C. Engineer memo D. Collins & Lampiris letter FOREST SERVICE. State services Building July 7, 1 ~J~J 222 S. 6th Street, Room 416 Grand Junction, Colorado 51301 Francis X. Krizmanich Telephone: t97o> Zas-73zs Land Use Planning 0079 Light Hill Road Snowmass, CO 81654 Re: Brackett 1041 Wildfire Hazard Review !, FrancisPlease submit this letter with any application to Pitkin County. When I receive. a referral from the ccunty I will defer to the comments contained ir, this letter. I visited the site with the owner and Francis Krizmanich the owner's representative on June 15"'. Access to the parcel is via the Stone Road iri the Terliamis Tracts This particular lot is one, of the last lots at the upper end of Stone Road. At the time of our sde visit access to the budding site was still in uestion but we did look at several alternatives. All three access road alternatives q present the same wildfire,hazard problems; avoiding steep grades passing through severe wildfire) hazard rated fuels and the fact that this wdl be the last house at the end of the road I know that the r, wu .ar.. .m ~.~ ln~-v7M.M uvne yipYA 6 v, c r u.. .,, ~. f.. :. :: _~, ownerwill work to find the best altemaUve. The only recommendation I would `make to help alleviate the wildfire problems would be to incorporate tumouts info the driveway. The standard for;, tumouts is the person who uses one needs to able to see to the next one i The building envelope has a northwest aspect with a slope of 10 20%. The existing vegetation consists of Gambel oak/seryiceberry, grass and assorted perennials. I would rate the wildfire hazard as severe because of the shrub density. However incorporating defensible thinning can lower the severe ,hazard rating My recommendations to'lower tiie wildfire hazard and incorporate defensible space are as follows. ' 1) For a distance of 10 feet around all structures establish and maintain vegetation at 6 inches or less. This vegetation can be mowed grass, perennials or any combination of noncombustible ~, mulches. In addition flammable matenal (e.g., firewood) should not be stored here. ~„ ~ ~ ... M 2) For a minimum distance, of 40 feet uphill and to the sides and 60 feet downhill thin and clump existing shrubs. The specifications for this thinning are described in the Pitkin County Land Use Code Section 3-80.7.C.3. Becauserof the remoteness of this property lengthening the downhill v .,.,,~- ...~ . <,,. ,_ , _ distance of defensible, space would be .prudent. 3) With this house being at the end of the road it would also be prudent to incorporate some fire ', resistive construction techniques like a metal roof and 1-hour fire resistant siding. The owner y ~ ~~ ~w ma want to mco orate other fire resistive structural features descnbed in the code i.e., wlndo glazing). 4) Remove all deadfall within 100 feet of all structures., Feel free to call me with any questions... Sincere) lJ~ . V ~'r-~ ~L~1.Qst7.' A. Vince Urbina Assistant DistricfF Cc; Dana Brackett ~.. orester ' from proposed structures. The road can best avoid geologic hazards by minimizing the amount of cufand- fill during construction and implementing proper design to avoid erosion and potential mudslides. In a report by the Colorado Geologic Survey; drafted in February of 2001, there are substantial concerns ' with swelling soils and erosion. The report indicated that thinning of vegetation may add to this hazard and that structures on the property should be placed to minimize the need for wildfire vegetation removal. It was suggested that cut-and-fill slopes steeper than 3H: 1 V and/or greater than five feet in height be evaluated by a geotechnical engineer before any construction on the property is initiated. Due to proximity to an existing ' fault line, constnrction should be done using seismic`zone R UBC guidelines. 30% Slopes.• It appears to Staff that the Applicant will not be able to meef Ptkin County driveway grade standards without encroaching onto slopes of 30% or greater The applicant has proposed a building envelope that contains slopes greater than 30 % as well: Since Code Section 3-80-050 (C.) prohibits development on 30% or greater slopes, Staff recommends that the Hearing Officer deny this application. Wildfire: Vince Urbina of the Colorado State Foresf Service visited the site and rated the property and building envelope as severe wildfire hazazd due to the density of shrubs: Code section 380-070 (A) states that development in severe wildfire areas is prohibited, thus, Staff recommends that the Hearing Officer deny this application. ' Wildlife: The property has been mapped for mule deer winter range, severe winter range, winter concentration and critical habitat. The property has also been mapped for elk winter range and winter concentration. Jonathan Lowsky, the Pitkin County Wildlife Biologist visited the site and verified that development on this site would have significant impacts on mule deer habitat. Development within said wildlife areas is prohibited pursuant to Code Section 380-080 (B). GENERAL SUBMISSION (3-110) Access: Staff has concluded that the driveway will not be able to meefl?itkin County driveway grade standards without encroaching onto 30% slopes. Utilities: The Applicant proposes burying utilities underground alongYhe approved access road alignment. Water and Sewer: The Applicant has proposed an individual well and septic system for any future ~ development on the property. RECOMMENDATION: The proposed building envelope contains high wildfire hazard and steep slopes in excess of 30%. The applicant has not adequately demonstrated a driveway design that will not encroach on slopes of 30% or greater. The site is encumbered by elk and mule deer winter concentration and mule severe winter range. Code sections 3-80-050 (C.), 3-80-070 (A.) and 3-80-80 (B) require denial of this application, therefore, Staff recommends that the Hearing Officer deny this application. ATTACHMENTS A. Colorado State Forest Service letter B. Wildlife Biologist memo C. Engineer memo D. Collins & Lampiris letter E. Colorado Geologic Survey letter F. Draft Determination Mr. McNellis has received a Bachelors Degree in Environmental Design from the University of Colorado and has worked as a Planning professional for 5 years. Mr. McNellis has been an employee of Ptkin County for a total of 4 yeazs. ', Jonathan Lowsky, From: "Jonathan Lowsky" <johathan@ci.aspen.co.us> To: <briahm@co.pitkih.co.us> Subject: Brackett (URGENT!) Date: Wed, 14 Mar 2001 16:06:47 -0700 X-Mailer: Microsoft Outlook IMO, Build 9.0.2416 (9.0.2910:0) ~ X-MimeOLE: Produced By Microsoft MimeOLE V5.00.2919:6600 Importance: High The proposed Bracket home site is within mapped elk winter range; an elk winter concentration area, mule deer critical habitat, winter range, severe winter range, and a winter concentration area. Kevin Wright is adamant that these habitat areas are active and he has verified them in aerial observation over the last 10 years. The County Land Use Code prohibits development in ~ severe winter range and winter concentration areas. Given the fad that I visited the site in mid winter with snow coverage and Kevin's familiarity of the site, I defer to his knowledge on this. Mr. Wright has informed me that; in no uncertain terms, development of this site will have significant impacts on the mule deer that depend on the winter habitat for survival Jonathan Lowsky Wildlife Biologist Pitkin County Wildlife Management Z6 Service Cente: Road Aspen, CO 81611 970.920.5395 Fax 970.920.5324 PITKIN COUNTY WILDLIFE MANAGEMENT MEMORANDUM TO: Brian McNellis, Community Development FROM: Jonathan Lowsky, Wildlife Biologist SUBJECT: Brackett 1041 Hazard Review DATE: April 19, 2001 The proposed Brackett home site is within mapped elk winter range, an elk winter concentration area, mule deer critical habitat, winter range, severe winter range, and a winter concentration area. Typical field indicators for field verification of the habitat use described above include vegetational community (e.g., oak-serviceberry, mountain sage, or pinon-juniper dominance), degree and history of browse on preferred forage species, tracks, scat, elevation, depth of snow (if in winter), and aspect (e.g. southeast to southwest facing). The proposed building envelope in the Brackett application is located on a mountain' sage dominated and relatively flat bench witk a getieral northerly aspect. The slopes surrounding the proposed home site are dominated by oak and serviceberry that show only moderate sign of browse and''. often exceed six feet in height. At the time of my site visit, March 13th, there was a significant snowpack on the site. Based upon these field indicators it was not my belief that the site was used as severe winter range, winter concentration areas, or critical habitat by mule deer or elk. My site evaluation suggested that the site was likely used as winter range in a light winter and as migration habitat as animals move '', between summer and winter ranges. Kevin Wright, however, is adamant that these mapped habitat areas are active and that he has verified them is aerial observation over the last 10 years. The County Land Use Code prohibits development in severe winter range and winter concentration areas. Given Mr. Wright's familiarity of the site, I defer to his knowledge on this. Mr. Wright hasinformed me that, in no uncertain terms, development of this site will have significant impacts on the mule deer that depend on the winter habitat for survival If the development application is approved the following conditions should be applied to minimize impacts to wildlife: 1. Dogs should be prohibited as per §3-80.080(B)(5) of the Pitkin Countyland Use Code. 2. Native vegetation must be maintained outside the building envelope as per §3-80.080(A)(3) of the Pitkin County Land Use Code. 3. All utilities should be buried. 5. Compliance with the 2001 Wildlife Protection Ordinance regarding waste storage. Verification of this condition should be required prior to issuance. of a certificate of occupancy. 6. Livestock (including horses) should be prohibited on the property. Residential development shall be clustered outside of habitat areas to the maximum extent 76 SERVICE CENTER ROAD ASPEN,CO Sf6f1' PHONE: 970/920-5395 FAX:970/920-5374 " possible to minimize impacts on wildlife as per §3-80.080(A)(2) of the Pitkin County Land Use ~' _ Code. g .. P P Y g h 8 beneficial browseespeci~es as per §3-80. 80 0(A)(Diof~thbe Pitkin County Land Use Code.etated wit 9. Food, cover and water sources beneficial to wildlife shall be preserved. Development effects that would destroy or damage these must be mitigated as per §3-80.080(A)(5) of the. Pitkin County ', Land Use Code according to a mitigation plan developed by the applicant and approved by the ', county Wildlife Biologist. 10. Fencing outside the building envelope should be prohibited due to the importance of the property to elk and mule deer. migration. ;.; ,, .:From: Bud Eylar <bude@ci.aspen.co.us> I Reply-To: "bude@co.pitkin.co.us" <bude@ci.aspen.co.us> I To: "Brian McNellis (E-mail)" <brianm@ci.aspen.co.us> ', Subject: Brackett 1041 Date: Wed, 14 Mar 2001 15:05:43 -0600 I ', Organization: Pitkin County Public Works X-Mailer: Microsoft Ihtemet E-maiUMAPI_- 8.0.0.4211 .I Brian, I have reviewed the. appiigtion and have the following comments: ', 1) From the appiipnYs submittal, it appears that the proposed drives cross slopes of 30% or greater. This is not in compliance with the Pitkin .County Land. Use Code. 2) The amount of information submitted was not sufficient to make a determination if the geometric design of the road meets county standards. It appears that the radii of some. of the curves may not meet our standards. Also, the length of tangents between switchbacks does not meet out code. 3) There needs to be additional information provided on the roadway drainage. 4) The applicanfi should commit to join the road maintenance assodaton for the development. Printed for Brian McNellis <brianm@co.pitkin.co.us> 11 COLLiNS BL LAMPIRIS Coxsu[rrwoGsowcasTS.... P.O. Box 23 '' Su,T, CoLORAno 81652 PxoNE/Fnx (970) 876-5400 (24 HOURS) Pnuaca'nis Bn~ce A Collins, Ph.D. Nicholas l-emfin4 PL.D. August 23, 1999 Francis Krizmatrich 0079 Light Hill Road Snowmass, Colorado 81654 Dear Mr. Krizmanich: RE: BRACKETTPROJECT,THECROWN, WEST SOPRIS CREEK, PTTKIN COUNTY I have completed my geologic investigation of the subject property with regard to House Bill 1041. I find that the property includes a mapped inactive landslide,' and the proposed building envelope and ~, all proposed access road routes are located onpotentially-swelling and otherwise potentially-unstable Marcos Shale. The water table and instability hazards presented by the landslide can be eliminated ', by avoiding construction on the s&de material The hazards present by Marcos Shale can be ~, mitigated by proper engineering, construction, and. drainage. ~^, The property is located on the north slope of the feature known locally as "The Crown," the ridge running generally east-west between West Sopris Creek and the Roaring Fork River west-southwest. of Emma. The proposed building envelope is at and above the break in slope between the multicolored cliffs of the Permian-Triassic State Bridge Formation (grayish-red), the Triassic Chinle Formation (deep red), the Jurassic Entrada Sandstone (white) and MorrisonFormation (varicolored), and the Cretaceous Burro Canyon Formation and Dakota Sandstone (buffto white), and the gentler slopes of the Cretaceous. Mancos .Shale sweeping up to the ridge line, which southwest of the property is capped by a Quaternary. basalt flow but immediately south is Marcos as well .The sediments dip fairly steeply to the southwest in the area of the. property. Surface materials consist of shallow to moderately-deep clayey soils with varying amounts of (mostly) weathered Dakota Sandstone and basalt.: The drainage that originates in a modest bowl north of the ridge and runs generally northerly through the property is the location of a small and apparently-inactive landslide. The property spans the upper part of the slide and the ridge west of the drainage. The proposed building envelope occupies. this ridge which is fairly steep on its east side facing the drainage but gently sloping to the northwest and west where the building site is located. Access is proposed by any one of three general routes from the existing subdivision road on the ridgeline down the slope to the property. At present neither the building envelope nor any of the access road options includes construction on 'I the landslide. The landslide. appearsto be very old and inactive, and could probably be built on with ', ~ lOLANDER, H.C., LAMM, N.B., aam FtoRQU1ST, B.A., 1974, Roaring Fork and Crystal valleys, an environmental and engineering geology study, Eagle, Garfield, Gunnison, and Pitkin Counties; Colorado: Colo. Geol. Survey Environ. Geol. No. 8: Page 2 thorough soil testing, including the identification of slip planes to bedrock, and proper drainage. Special Gaze would be required along the mazgins of the slide. The potential hazards of construction on Marcos Shale and soils denved from it are well known ana aww:'ar~.2ev:..w»rE+R~'v+ih'~.N .km+ra*T kKu'(SNSr '~t'h~tikaYh2±~£^Yfies?e &M± ~. .., :42,. ..k include its potential for swelling; instability, especially where wet; drainage problems resulting from the impervious nature of the rock, its lack of potable groundwater; and the corm water the formation does contain. The, lowex part of the Marcos contains the slue nature of what bentonite and is thus most prone to swelling. The proposed building envelope is greatest amount of . mapped in this part ofthe Marcos. Thorough soil testing and analysis and foundation design and construction based on the results will therefore be required. Final grading and landscaping must be designed fo keep surface and ground water away fromthe structure, and plants, including grass, requiring irrigafionin addition to natural precipitation should not be planted where. irrigation water could affect the foundation..... ~ All of the access road options will require cuts and fills in the. Marcos Shale or in soils derived, from,. it. Generally speaking, the lowest gradient route with the minimum amount ofcut-and-fill would be i _._ , the most desirable. Specific route selecion~shouid avoid any existing slumps and to the extent possible steeper slope azeas where final cut slope angles would exceed 3:1. In all cases drainage must be cazefiilly designed to avoid ponding of water in ditches along the uphill side, road and fill erosion, and so on. A qualified civil engineer experienced inroad construction. on Marcos Shale should be , ~ _ engaged for final route selection and road design, engineering, and construction. ~ The property is not exposed to rocktall, snow avalanche, debris flow, or debris avalanche hazards. Proper road design will avoid erosion and potential minor mudflow hazards to which the road might be exposed depending on final location. There has been no known mining in the area so mine-related subsidence should not be a hazard The Eagle Valley Evaporite is almost certainly present but at its ,.N .. ~.w..,, probable depth of 2,000 ft or more should not present a solution subsidence hazard. Olander, et al. ', (1974), map a fault with significant displacement trending north-south about 500 ft west of the building envelope. This faun is mapped as cutting both the east end of the Quaternary basalt cap of The Crown and. Quaternary landslide and other unconsolidated deposits further north... While the ~~ _ _ latter may be more erosional than structural, at least the former suggests more recent movement than... along most faults in the region, although movement within hundreds or even thousands. of years is not indicated. Because of the proximity of the proposed building envelope to the fault, construction i of habitable structures should. be in accordance with UBC guidelinesfor Seismic Zone:11. Potable water may be available from the Dakota Sandstone; based on Olander's map it should be present within 200 ft ofthe surface oaths building envelope. Water obtained &omthe Dakota should... ~ be tested for the presence of radioactivity, as uranium and other radioactive minerals occasionally occur in the formation. Assuming typical percolation characteristics of Mancos Shale soils and i weathered bedrock on the site, waste. disposal should be,possible through the use of a standard septic system with a leach field, although the leach field may require site-specific engineering. The Pitkin County Sanitation Engineer should be consulted. for his specific recommendations. The Mancos Shale and soils derived from it are not known to contain significant radioactive minerals, but the Dakota Sandstone, Burro Canyon Formation, and Morrison Formation, immediately below ', occasionally do contain these materials; therefore structures should be designed to preclude the accumulation of radon gas. Page 3 ,~""i The property is located in a geologically sensitive area, but the hazards to which the property is exposed are well-known and can be m,ntrni~ed; nothing in this report, however, should be construed as suggesting that mitigations recommended herein can or will eliminate such hazards m then entirety. If you have. any questions or require any further information, please do no sitate to contactme. QQQEESSIONAL Gp~~ incerely, t`yo~c~tr~MSp~~sfP Bruce?,.. C Consulting IMPORTANT NOTICE: This report concerns natural processes that are unpredictable.and in large measure poorly understood. ', It is intended to identify potential observable hazards to which the subject properly is exposed and to suggest mitigating measures in compliance with applicableregulations. Nothing in this report should be construed or interpreted as suggesting the absence of the described hazards, orthat the recommended mitigations will profe'ct the subject property from the described hazards under all i .. .., ,, circumstances, foreseen or unforeseen. Nothing in this report should be construed or interpreted as suggesting thatadditional unidentified hazards are not present. It must also be understood that "mitigation" does not mean eit~tter the elimination of the ha~rd(s) or prevention of the consequences ofa hazard event or events, only the reduction to the extent reasonably possible ofthe ~, latter. By accepting this report all present and subsequent partiesthereto agree to indemnify and hold harmless the preparer for ',. any and all damages, direct, indirect orconsequential including personal injury or loss of life, above and beyond the original cost '. ofthisstudy,causedbyorresultingfromanyoceurrenceofthedesctibedorotherha~srd(s),whe[herornotsuchdamagesmayresult from failure to identify said hazard(s)or from failure or inadequacy of properly engineered, constructed, and maintained recommended mitigations. The preparer ofthis report cannotand will not be responsible inany way or manner' whatsoever for the proper engineering, construction, and/or maintenance of recommended mitigations, or the inadequacy or failure of'nnproperly '. engineered,oonstructed,and/or maintainedreoommendedmitigations,ormitigationsthathavebeenalteredinanywaywhatscever from those recommended by the preparer. STATE OF COLO COLORADO GEOLOGICAL SURVEY L]ivisiodof Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 715 Denver, Colorado 80203 Phone: (303) 866-2611 FAX: (303) 866-2461 February 20, 2001 Mr. Gabe Preston, Planner Aspen/Pitkin Community Development Department 130 S. Galena Street Aspen, CO 81611-1975 (FAX 970.920.5439) Re: Brackett 1041 Hazard Review, CGS PI-01-0003 Dear Mr. Preston: Thank you for the submittal of plans for the above referenced proposal. The proposal is for the construction of an access road and single-family residence on approximately 48 acres. The site contains slopes that range from approximately 8 to 80 percent. The building site contains Gambel oak and other native shrubs and grasses. The plans show four proposed routes of access to the building envelope. According to the Natural Resources Conservation Service Soil Survey of Aspen-Crypsum Area, Colorado. Colorado, the majority. of the site and proposed access routes are underlain by loam soils that are derived from sandstone and shale. The survey indicates the site contains swelling soils and that runoff is rapid and erosion is a severe hazard. The soil erodibility factor (K) listed in the soil survey indicates that the soils have a moderate erodibility at current conditions. However; when vegetation and organic matter is removed, the erodibility of the soil greatly increases and the soils become. highly erodible. It will be important that existing vegetation be maintained to the extent possible. Severe erosion' can cause slope stability concerns as well as impact water quality. Detailed grading, erosion, and sediment control plans should be required before any construction. The Colorado State Forest Service indicates that portions of the site contains severe wildfire hazazds and recommends defensible space thinning. In order to reduce possible erosion from the removal of vegetation, it may be prudent to locate structures faz enough away from shrubs such that extensive thinning is not requued. If turnouts are required, as recommended by the forest service, they should be placed where the least amount of grading is required. The preliminary geologic report, done by Collins & Lampiris, indicates that the site contains landslides, potentially unstable slopes, faults and swelling soils and/or bedrock. The report states that proper engineering, construction, and drainage can mitigate the potential hazards. However, the report is preliminary in nature and does not adequately address potential impacts from construction. The site contains steep slopes that are prone to landslides and mass wasting. Access road alternative #I crosses a mapped fault that could contain especially unstable rock and/or soil. Grading of the access road and building pads may result in large cut and fill slopes that may also not be stable. Construction plans were not available so it is difficult to determine impacts from the proposed development It ma be rodent for the coon to re uire that the. stabili y p ty q ty of all cut and fill slopes steeper than 3H: 1 V and/or greater than five feet in height be evaluated by a geotechnical engineer before any construction... Construction of the access road and building pad may be require retaining structures and/or other mitigation measures that may have additional impacts that the coupty may wish to consider. Bill Owens Governor Greg E. wx Executive C Michael B. Division D vlcki cow. State Geolc and Direct OF Mr. Gabe Preston ' Page 2 February 20, 2001 The preliminary geologic report recommends that because the structure will be located adjacent to a fault; ', construction should be done using seismic zone II UBC guidelines. If not already provided for within the Pitkin Building Code, the county may wish to make such a provision a condition of approval. Asite- specific foundation and soil investigation should be done for each structure prior issuance of building I permits. ' The site contains potential geologic hazazds and constraints that should be considered cazefully in the land use process. Detailed additional investigation, plans, and analyses will need to be done in order to ensure that the site can be developed as proposed. If you have any questions or need additional information, please contact me. I can be reached at 303.894.2080 or by email at karen.bem~state.co.us. S' cerely, +~ I~~~ ', Kazen A. Berry Geological Engineer; P.G., CPESC Fwd: RE: West Sopris Ranch, Lot 75 To: brianm@co.pitkin.co.us From: Brian McNellis <brianm@co.pitkin.co.us> Subject: Fwd: RE: West Sopris Ranch, Lot 15 Cc: Bcc: Attached: From: kevin.wright@state.co.us To: brianm@ci.aspen:co.us Subject: RE: West Sopris Ranch, Lot 15 Date: Sun, 15 Apr 2001 18;08:58 -0600 X-Mailer: Internet Mail Service (5.5.2653.19) From: kevin.wright@state.co.us Matt Thorpe is the officer for that area now and he should have been. the one to receive the application. I never received it. I did go on site with the I proponent before matt got on district. It is a valuable piece of habitat as I explained to the proponent at the time. It is north facing but is the only lot on that side of the ridge and ih the basin. The BLM exchanged the lot above it some years ago but never did exchange this one for some reason. This would be a good lot for exchange. A homesite will impact the basin where there are no impacts from homes now - as it is all public land except for at the. bottom. A home here will greatly impact ability to do habitat I improvements such as prescribed burning. It is heavily used by deer and elk ', but it depends greatly on snow depth. ASPEN/PITKZN ~ COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 ', Phone (970) 920-5090 FAX (970) 920-5439 ', MEMORANDUM TO: Attorney. Zoning ..,..: _. Engineer -hourly Env. Health -hourly CSFS CDOW Wildlife Biologist CGS Homeowners Association FROM: Gabe Preston, Community Development RE: Brackett 1041 Hazard Review & Conceptual Submission 2465-152-00-0043 P159-00 DATE: November 4, 2000 'Jv~ ~~~p Attached for your review and comments are materials for an application by Dana Brackett. This application will be reviewed by the Pitkin County Hearing Officer on March 20, 2001. Please return your comments to me by February 20, 2001. PLEASE RETURN APPLICATION. MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM, Thank you. 'L-Z~-a t ~-" ~~ /~,ii Q.~v'Q-0~ ~u~ °L~-~kaJCiov~. Cum ~!`Q ~-f ~2 ~~~9~y, U cc~Y ~ - ova ~ ~. ~ w-,'~h~-~-,~ `I~-~e ~-e,,~ ~ ~v j~ ~J~e vl ~-g-=~o~.. ~ tee. =its - ~ 6 ~~,, ,cam ~-v~-~,~ ~,~` ~ ' STATE OF COLORADO Bill Owens, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNIN EMPLOYER Russell George, Director 60BDBroadway Demrer;Cobrado 80216 _ Telephone: (303) 297-1792 9-9-O1 Pitkin County Community Development 130 S. Galena Aspen, CO 81611 ItE: Brackett parcel Dear Brian: For T~ldlife- ', Far People ', The building envelope for this parcel lies within elk winter range and critical habitat. The entire envelope ', and parcel, however, are not critical habitat. Much of the vegetation is larger, taller and more robust, indicating that snow depth may preclude much use within hard winters. However, the more southerly exposed portion of the building envelope does show signs of sub~antial browsing and use by mule deer and elk. The sagebrush, bitterbnuh, and serviceberry are all clubbed and much smaller than in surrounding areas: hi' addition, black bear are found on the parcel as well as a variety of small mammals and birds. ~ r s 3~.. ,. _ ,_. ,.. - ~ _ _ __, ... ~ , ; , ; .. ,_„ ,, ..;. . .'rte r t Ica,: ~ ~ ,.~t ~ t}o °b°: ,. TJus parcel is part of an important winter range called `°The Crown". The Crown is one of just a few fairly large public land critical winter ranges and it winters a'substantial number of elk and mule deer. The Brackett parcel is adjacent to BLM and is the only parcel to my knowledge on the north side of the ridge '' witlun the large basin. The rema;ning private parcels are on the south side ofthe ridge. Placement of a home on this parcel will negatively impact the entire basin. on the north side of the ridge. Gtitrrently all of the disturbance associated with homeshes is located. on the south side of the ridge and does not impact wildlife on the north side. Below the parcel is a pond, which was improved specifically for wildlife. Above this pond are some aspen stands, which do contain. elk production in some years. It is important to maintain the integrity of the north side of the ridge for wildlife. During the winter it becomes more of a solitude area away from human disturbance factors, which is so important for wintering wildlife for energy conservation. Development of this parcel will adversely impact our ability to improve habitat. conditions through the use ofprescn'bed fire. Prescribed fire is an important tool which has been used in the past on the Crown for habitat improvement. I would recommend. and support the acquisition of this parcel for open space. ff the parcel is developed; the following recommendationstyill help to minimise impacts to wildlife: 1. use 'as small ofbuilding envelope as absolutely necessary - I 2. keep home on the southern most end of the envelope adjacent to the fenceline in order to keep '' disturbance from encroaching'any further onto the Crown "3. small'buitding footprint wouldbe preferable ` " I DEPARTMENT OF NATURAL RESOURCES, Greg E. Walther, Executive Director WILDLIFE COMMISSION, Rick Enstrom, Chair. Robert Shoemaker, Vice-Chair. Marianna Raftopoulos, Secretary Memt~ers, Bernard Black .Tom Burke. Ptrip James. Brad Pfielps . 06ve Valdez y 4. use natural colors for the home to blend it in with the surrounding area 5. maintain native vegetation outside the building envelope 6. any caretaker unit be attached; no accessory structures 7. no livestock, horses, domestic fowl 8. all trash be kept in approved beaz proof garbage containers. Home also be designed with a cooling system other than open windows in order to help prevent human bear encounters where the bear. enters the home through open screens and doors. I would also encourage the use of trash compactors 9. no perimeter fencing other than around the building envelope. If fencing is allowed it needs to', be wildlife friendly. 10. No dogs 11. Use of down lighting 12. Revegetate any disturbed azeas, including along the access drive, with native vegetation with implementation of a weed management program 13. No fruit, berry, or nut producing shrubs or trees be used in the landscape plan in order to min;m;~e an attractant for black bears. _ 14. Owners be provided with brochures on living with wildlife Owners will also need to be awaze that they are building within important wildlife habitat and human/wildlife conflicts will arise. They will need to take responsibility for where the chose to live. The ', Crown is also a very popular hunting location and there will be big game hunters hunting throughout the Crown and adjacent to their property. The Crown is also part of a cattle allotment and cattle will graze on the land adjacent to their property. Thank you for the opportunity to comment. Ifyou have any questions, please give me a call. Sincere G l Kevin Wri t District Wil ' e Manager Aspen Cc: Jonathan Thorpe a The Brackett Home-Site Conceptual Submission.. 1041 Hazard ,Review Scenic Overlay For West Sopris Ranch , Parcel 15 a 48.485 acre +/-parcel of land located approximately two miles South-west of Emma, in Pitkin County, Colorado Prepcred tiy: Francis X. Kriza~nanich _, Land Use Planning ~! 0074 Light Hdl Rand. Snowrnass C~ 81654 (970)927-4263 October, 2000 Table of Contents L Introduction II. Site Data III. Conceptual Submission 1. Land Use Policies, Article 2 2. Land Use. Standards, Article 3 i. Environmental and Aesthetic Standazds ' Air Quality Preservation of Natural Landscape Scenic Overlay Scenic Quality Encroachment or Channeling Drainage Erosion Water Supply 2. Water Resources d"'1 'i Encroachment or Channeling Drainage , Erosion Water Supply 3. Environmental Hazazd Areas ~, Floodplain Hazard Areas Geologic Hazard Areas Historic and Archaeological Resource Areas Wildfire Areas Wildlife Habitat Areas 4. General Standards Water Supply Sewage Treatment Public Utilities Roads f""\ j 1 IV. Attachments 1. Geologic Report by Bruce Collins, Ph.D. 2. Wildfire Review by Colorado State Forest Service 3. Alternative Road Alignments 4. Scenic Overlay-Ridgeline map 5. Pre-Application Form ', 6. Legal Description of parcel 7. Statement regazding ownership and non-merger- a brief description is ', included, 2 detailed copies of ownership and chain of title. aze attached ', under sepazate cover 8. Agreement to Pay Form ', f""" 9. Letter of Authorization 10. Adjacent Owners Included with this application aze sepazate 24"x36" site plans showing the property, topography and proposed access road design. There aze a total of five sheets, which ~ include: • Sheet One is a 1041 Hazard Review Site Plan showing the road alignment, 35 acre i pazcel, development envelope, topography and a vicinity map. • Sheet Two is a slope map showing slopes from 0-15%, 15-30% and > 30%. • Sheets Three through Five show the proposed "Road Plan and Profile" 2 I. INTRODUCTION.... I Dana C. Brackett, the Applicant, requests approval to develop a new home-site on a 48,485 acre property known as Parcel No. 15, West Sopris Ranch (aka "Terliamis Tracts"). The property is affected by 1041 Hazards including mapped mule deer and elk habitats, geologic', hazards including steep slopes and Mancos shale and WldSre. The property is also included within the Scenic Overlay because a mapped Ridgeline bisects the property.In consideration of '', these issues the Applicant has chosen a development envelope that substantially avoids these !, Hazards. The following application has attempted to address all of the Land Use Code requiremerns and issues raised by the Planning Staff. If additional information is required in the course of this review, the Applicant will make every attempt to provide the requested information. ', R'"'~ 1 II. SITE DATA i Project Representative: Francis X Krizmamch (970) 927-4263 (Phone & FAQ i Owners: Dana C. Brackett ~I Parcel LD. #: 2465-152-00-004 ZoneDistrict: AFR-10 I Total Parcel 48.485 Acres Proposed Home-Site 5 Acres +/- i ~,"""', 2 III, CONCEPTUAL SuBnnzssiuw „ y A.n~, _.~w. _r ,~,., :. .. , .._ _.~ This application for Conceptual. Submission. approval includes the following sections: LAND USE POLICIES, Article 2: The following section lists the Land_Use Code Policies and the Applicant's response to these policies: Policy 2-10 Community Balance ', The dominant policy of Ptkin County is to conserve and protect from further d radation the resent natural,eny~ronment and rts_ resources Develo ment which can b eg P ~ ~ ~ _ v._ _._ .....~ a ,.,, ._~. P e accommodated within these Imut_s wdl be, managed to maintain a balance between i residential, commercial and tourist. accommodations ...,W~,.„.a,_.w._.,.,,,. ._.. ~ ._. , _. RESPONSEc The proposed development of the new home-site will create a,valuable ~ -, single family property for the Applicant with a proposed building envelope that is located, in the best location to avoid 1041 Hazards.and visual impacts: Policy 2-20 Comprehensive Plan... It is the policy of the County to adopt comprehensive plans for the County and regularly update these. plans. RESPONSE: This property is located within the Down Valley Comprehensive Plan Area. ~'"'' 3 Policy 2-30 Conformance with the Adopted Comprehensive Plan. It is the policy of the County to insure that the use and development of land within Pitkin County and any actions committing such land to development or a change in use. should consider Pitkin County's adopted Comprehensive Plans.. RESPONSE: This. project has been developed in conformance with the Down Valley Comprehensive Plana The Applicant believes that_the proposed development location ', complies with the recommendations, ofthe Plan Policy 2-40 Growth Rate: Phasing of Public Services and Facilities i It is the policy of the County to maintain and improve the quality of life of its residents. To this end, the County will manage the location. and timing of development in the residential, commercial and tounst_accommodat~on sec,,tors. The provision of public r"'"~ services and facuttes shall be consistent with adopted comprehensive plans The County shall prohibit the~location of public services and facdities that,would encourage ~~ development inconsistent„with, adopted comprehensive plans... To insure that growth is consistent with adopted County plans, the County .will maintain a Growth Management Quota System (GMQS). RESPONSE: The,properiy is being developed. in conformance with adopted County plans, particularly the Down Valley Comprehensive Plan, Any future development of the property will be done in accordance with adopted growth management plans and regulations. Policy 2-50 Development or Expansion of Ski Areas .... . _ _ It is the policy of the County`to favor the upper mountainexpansion of existing skiing areas or new strung areas withoutsignificant base area development over the development of new skiing area or errain withmsignificant base area development. The 4 e~", County shall review all proposals for any proposed new ski areas or expansions of existing ski areas for conformance with County goals; policies and regulations. RESPONSE: This policy is not applicable to the proposal. Policy 2-60 Compatibility with Existing Adjacent Neighborhoods It is the policy of the County to insure land use proposals are compatible with existing neighborhoods. To thisuend, the County wilt provide notification of pending applications to the affected property owners, homeowners associations„and neighborhood ', caucus groups. RESPONSE: The Applicant believes that. its proposal is compatible with existing neighborhoods. The proposed density of one home on 45 acres is consistent with the i development. density on the adjacent West. Sopris Ranch pazcels. ', ~'} Policy 2-70 Conformance with Other Laws . It is the policy of the County to consider wl-ether,approval of uses or development of lands within Pitkin County is consistent with applicable laws. of the United States of America and the State of Colorado.. _ i RESPONSE: Theproperiy will be developed in conformance with all applicable laws. ' Policy 2-80 Natural and Man-Made Hazard and Resource Areas t .~ ~,~. „,.._ ,. ,.. r. It is the policy of the County to manage the use of lands which are identified as containing Areas and Activities of Local and,State Interest ouse BiU 1041. The Coun _,~ .,.~...~ ~ ,.~ ) ty wdl prevent any use which.may subject any person, use or resource to natural or man-made hazards. RESPONSE: The property contains 1041 Hazard and Resource Areas. The _„ _ ... s^s development of the home-site. has considered the natural hazard and„resource azeas of this 5 ,~""~ _ ' property. The home-site and driveway have been designed to avoid slopes in excess of 30% to the greatest extent possible to minimize impacts to 1041 Hazard and Resource Areas. Policy 2-90 Soil, Surt'icial Geologic Characteristics and Radiation , i It is the policy of the County to discourage land uses and development activities in areas subject to radiation and,geotogic hazards. RESPONSE: The property and the access road to the property are affected. by geologic ' hazards which include steep slopes, manws shale and the potential for radon gas accumulation. The proposed driveway alignment and development envelope contain areas',I in excess of 30% slo e; however it is the A licant's o inion that these areas are limited P pP P and necessary to allow the proper development of the road and development area. The ~,,,1 County Land Use Code provides for limited development on slopes in excess of 30% when the slope is due to the presence of a minor natural or_map-made, change m the gradient of a continuous slope, provided the following conditions. are met: " 1) Not subject to instability- The Applicant demonstrates that thg slope's ground ', surface are not prone to instability or failure and that the proposed development will not, cause greater instability. or increase. the potential. for slope failure: ' 2) Compliance with other regulations-.The applicant demonstrates that development on slopes in excess of thirty percent (30%) does not increase. the visual, wildlife. or wildfire impacts, or compromise or conflict with other policies or standazds of the Land Use ', Code." The proposed development avoids significant geologic hazards as evidenced by the attached engineering and geology reports. It is the Applicant's opinion that the propose. development on some areas in excess of 30% slope does not increase this. projects impact on visual, wildfire, wildlife or other Code standards. The. Applicant will abide by the recommendation of the consulting geologist and engineer in the design and construction, of the. proposed improvements.. ~i 6 Policy 2-100 Drainage It is the policy of the County to preserve the integrity of existing and natural drainage patterns. Land use and development activities which, subject areas to increased potential for damage by flood, erosion or sedimentaJron, or increase the potential for water ~,, pollution shall be prohibited. RESPONSE: The, Applicant commits to controlling drainage on the property in ' conformance with County tequirements. The proposed project will preserve the integrity of existing and natural drainage patterns Policy 2-110 Erosion ' It is the policy of the County to prevent the erosion of soil and rock, b maintainin ' Y g'' ~ natural vegetative cover and by requiring the revegetation of areas disturbed. by land use I or development activities. I RESPONSE: The Applicant will revegetate disturbed azeas in conformance vrnth County requirements. ' Policy 2-120. Scenic Quality It is the policy of the County to preserve its natural, rural scenery for the benefit. of its residents and. the continued viability of its resort economy. To preserve scenic quality, i the County will prohibit or require .mitigation of the visual impacts of land uses. and.. _ development. ' RESPONSE: The proposed driveway may be visible from sections of Highway 82 neaz >1 Jebel ;however, the dis*~^^> ~~ ~^ f~* that a^~ v;cna} ;mnacfs should he neeli¢ible. ~""" Policy 2-130 Air Quality It is the policy of the County to permit only that development which will not_ degrade air quality. RESPONSE: It is the Applicant's opinion that air quality will. not be affected by the ' i development of one. single- family residence on this 45 acres property. Policy 2-140 Water Resources Impacts It is the policy of the County to preserve and protect is present water resources, recognizing the County's semi-arid character and that significant transmountain and... transhasin diversions and the vested rights. of senior appropriators in the basin have materially curtailed the availability. of an already scarce water resource. To this. end, ~t,>s the policy of the County that no land use be imt~ated which would adversely affect the quantity, quality, or accessibility of the County's water resources; or which would occur ate the expense of established_water-dependent agricultural activities; or which would result iq .., w. .k„x s, further destruction -ncreased sahmzation of water resources, loss of minimum stream flow., of wildlife habitat, or major expenditures to reacquire or redistribute. major water resources. It is also the policy of the County to maintain a natural vegetative buffer along its surface waters such that the surface and groundwaters of the area are not encroached upon by land uses or other human actrvrties which could cause deterioration of water ,,~ ._ a.~.,~ ~ .. ~ti,, ;,. ~ ..,..a, „~,~~;.r. quality or impair the natural treatment processes provided by meadows and wetlands. RESPONSE: The development of one single family home on 45 should have minimal impact on water resources...... _ __. 8 e^"~, Policy 2-150 Noise It is the policy of the County to permit only that development which will not generate noise which would adversely impact community noise levels..; RESPONSE: The development of this home-site will not_.generate excessive noise. impacts because.of its distance, from other properties. Policy Z-160 Wildlife Management It is the policy of the County to identify and protect. all wildlife habitat for the f iidHf d ohibit land use atterns which disrupt such habitat. preservation o w e ap pr p RESPONSE: The. Applicant. acknowledges that the property contains significant wildlife habitats containing elk, bear, and mule deer. The. Applicant believes.. that the proposed location of the home-site protects the significant habitats by avoiding the sensitive areas of the property and by developing as closely to existing development as possible. Policy 2-170 Adequate Provision for Water Needs It is the policy of the County to insure the availability of a water supply of adequate quality, quantity, pressure and. dependability for fire protection and support of a proposed I land use prior to approval of the. use. The County shall require land uses to hook-up to existing public systems if service is available, RESPONSE: „The. Applicant will comply with the fire protection recommendations and requirements ofthe Colorado State Forest Service and Ihtkm County. . ~..,~. Policy 2-180 Sewage Treatment It is the policy of the County to insure that adequate sewage treatment facilities. are',. available to serve existing and new developments.. Any proposed system must be shown to~,l be fmancially feasible considering a reasonable tax base a:nd,other,legal criteria prior to aPProval of any land use. 9 RESPONSE: The proposed home will use an individual_sewage disposal system. Policy 2-190 Impacts on Road System It is the policy of the County to preclude development which generates traffic volumes in excess of the capacity of the County road system or which Causes significant service level reductions. RESPONSE: The development of one single-family residence is not.expected to create. any service level reductions on County roadways. Policy 2-200. Road Design and Construction.. It is the policy of the County to insure that new and upgraded roadways are designed, engineered and constructed to minimize envnonmental and sesthet~c damage .. , . , .,w,. ~.., _ u. and future maintenance costs consistent with„public safety needs, RESPONSE: The Applicant has developed an improvement plan for the driveway that will minimize environmental damage and reduce future maintenance costs. The.Applicant~~ will also participate in the. maintenance of the common access road with then other property owners in the West. Sopris Ranch Policy 2-210. Logical Extension of Utilities..... _ ~ It is the policy of the County to regulate public and private utility extensions. Areas served by such. extensions must be found suitable for,development in accordance with . adopted comprehensive plans and. the policies and regulations of the 1'itlun County Land Use Code.. RESPONSE: Utility extensions are contemplated to be placed underground within the road alignment. Policy 2-220 Impacts on Taxes and, Management of Necessary Services and Facilities 10 It is the policy of the County that new development makes fair share contributions. ~ _ to insure that no reduction,; in„the quality of services, public facilities, or programs provided to the community will result. RESPONSE: The, Applicant believes that the development of a new residence on this property will not result in the reduction. of County services. Policy 2-230 Transportation.. It is the policy of the County to encourage transportation programs which minimize automobile congesfion, promote traffic safety and reduce sources of air pollution. The County shall encourage transportation modes which„reduce automobile use. Non _.. .emu, ,..~..,,, _ , motorized transportation alternatives such as trails for bicycles, horses, pedestrians, and cross-country skiers are encouraged. RESPONSE:, Thispolicy is not applicable. Policy 2-240 Compatibility with Agricultural Lands. and„Operations It is the policy of he County to promote the economic viability of agricultural lands. and operations within Pitkm: County and to insure that large tracts of land now committe~ to or capable. of agricultural uses are preserved. ', RESPONSE: The property does not contain_any agricultural lands.... Policy 2-250 Compatibility with Historical and Archaeological Resources... It is the policy of the County to protect sites, structures and surrounding areas ', determined to have historical or archaeological significance. ~ RESPONSE: There are no known historic or archaeological sites on the property that would be affected by this project. 11 /'""~ Policy 2-260 Housing It is the policy of the County to assure the existence, of a supply of desirable anc~ affordable housing for persons employed in Pitkin County, senior citizens, the handicapped, and other qualified persons.. of Pitkin County who are necessary for a balanced. community. RESPONSE: This Policy is not. applicable. Policy 2-270 Energy Conservation It is the policy of the County to encourage features in any development which will conserve energy resources and minimizg the, consumption of energy. p y ty rgy Code. RESPONSE: Tkus new residence will com I with the Coun Ene ~"'^ Policy 2-280 Compatibility with Public Lands P It is the policy of the County to preserve aria protect public lands from the im acts ~, of incompatible development by promoting land uses within and nearby public lands which are compatible with public use of those,lands and with the preservation_of the natural r environment. RESPONSE: The property is adjacent to public lands; however, the proposed development envelope avoids the most; sensrtive,areas of theuproperty to insure compatibility with adjacent lands and wildlife habitats. , ,_ Policy 2-290 Access to Pub><c Lands , It is the policy of the County to preserve existing access points. to public lands and ', strive to secure new access points consistent with County and Federal;land,use plans. RESPONSE: There are no access points to public lands on the property. l 12 ~*, Policy 2-300 Private Land Surrounded by Public Lands (Inhnldings) It is the policy of the County to promote and, encourage the transfer of private inholdings to public ownership with the objective of promoting consistent management of the public lands to reduce contl-cts between private owners and developers and the public ~'i at large. RESPONSE: The property is noY surrounded by public lands. This policy is not applicable. LAND USE,S,TANDARDS, Article 3 The following sections address the Land Use Standazds of the,Land. Use~Code as, hey ., . , µ I } apply to the property. '. Environmental and_Aesthet-c Standards . ~ _,... w~ _ ._ ....:..v .. .__ .: ~ Air Quality, Section 2-60-020 _ __ The proposed development of one: single-family residence will create muumal, air quality impacts. The Applicant will comply with the Pitkin County Air Pollution Regulations. preservation of Natural Landscape, Section 3-60-030 r'~ The Applicant's proposal to develop one single-family home-site on a pazcel of 45+ acres _ ~I in size will insure preservation of natural landscape to the greatest extent possible. Scenic Overlay, Section 3-60-04. The property is located within the mapped Scenic Overlay as seen from State. Highway 82 The mapped ridgeIine bisects the property;. however, the proposed development line to the eatest extent possible. envelope is located outside of the mapped ndge ~ and the r`o osed Attachment 4 shows the mapped ridgeline in relation to the property P P development envelope. This map shows that the majority of the development envelope is located outside of the mapped ridgeline. The Scenic Overlay criteria and the Applicant s response to those criteria follow: _ ~~ E. Review criteria for development within the Scenic Overlay and mapping shall be as follows: 14 1. Whether the proposed development has utilized,gaisting topography and natural vegetation, such as ridges and hills to screen buildings to the maximum.. extent possible. RESPONSE; The proposed Development Envelope is located as far. as possible from the designated ridge-line. The driveway will cross the ridge at a natural low point and gradually descend to the home-site. Existing mature vegetation and the Applicant's commitment to re-vegetate disturbed areas will. also help to minimize visual impacts. 2. Whether the proposed development has been designed to complement the natural topography of the (and, including whenever possible and`appropr~ate, I, the utilization ,of innovative architectural techniques such as earth sheltered I n~,..w design, natural materials and coloring, non-reflectablity and clustering of structures on the least visible portions of the site. RESPONSE: The Development Envelope and driveway alignment are dictated by topographical constraints, particularly steep slopes. Non-reflective building materials and natural colors will. be used. to blend with the landscape. 3. Whether the proposed. developments height and bulk has been designed to avoid, to the maaimum extant possible, the visibility of buildings from the highway and public viewplanes. RESPONSE: The Development Envelope is located at least wo miles from.. F-Tighway 82 and cannot be seenfrom any designated public view-planes. ~""~ I . ,-, 15 4. The proposed structure shall be placed so it does. not.break a r'-dgeline, unless there are no alternate budding sites on the lot. RESPONSE: The residence may break the ridge-line if viewed from some locations; _w.. ~,~ . however, a review of the site. plan shows that there are no alternate building sites on the lot. 5. Whether the proposed development has avoided. the locat-on of uses on the, highest ground or most visible portion: of the site as viewed from State Highway 82 and public rights-of--way, identified in Section (B)(1) above. ' I e"~ RESPONSE; The proposed development envelope is located on the only azea of the property suitable for development. The road has been designed to follow the natural topography to minimize the view from,Highway 82 as much as possible. Any exposed areas will be_re-vegetated to minimize visual impacts. 6. Whether the proposed development has been located outside,of the designated Scenic Overlay, or on a suitable site at the greatest possible distance from State_ Highway 82 and identified ridgeHnes. RESPONSE: A: significant portion of the property is located within the mapped ridge-line; therefore, it is not possible to avoid development within this azea. The II driveway will cross the ridge aY a low point to minimize anyvisible ridgeline impact. 7. Whether the proposed development has been landscaped. in accordance with 16 the adopted State Highway 82 Corridor landscape guidelines and. has, preserved natural vegetation, to the maximum extant possible, including the avoidance of development within irrigated meadows.. Existing vegetation shall be maintained to the ,maximum extent possible, while utilizing existing vegetation to screen'development. Alandscaping plan shall be submitted by the Applicant. and approved by the Planning and Zoning Commission. RESPONSE; The property does not contain any irrigated meadows.. The Applicant will prepare a re-vegetation plan for disturbed areas.. 8. Whether the proposed development's exterior lighting has beendesigned in such a manner that light sources, such as fagade and landscape lighting, will not be seen from public rights-of--way as identified in Section (B)(1). In addition, an application shall be consistent with: the lighting regulations... ~^"'~ II identified in the Pitkin County Land Use Code.. RESPONSE: Lighting is proposed to comply with the Pitkin County Lighting Standards. The Applicant commits to prohibit ornamental landscape lighting and to only use outside lighting to the extent necessary for. safety. 9. Landforms and earthmovfng shall generapy not be acceptable as the sole i measure of compliance with these regulations. However, they may be used in I conjunction with other site techniques designed into"the development plan. These methods may be acceptable when utilized as one yf several methods to ,.,~,.,.a ., . ~~ _ I . . complement and enhance development, rather than as the single devcee for ~, screening development from view from the State highway 82 corridor and as_ mapped. ~"""~ 17 RESPONSE• Man-made landforms are not proposed because they would likely • ~. ,.n~~ a increase visual impacts as well as increase the amount of land and natural vegetation that would be disturbed. _. 10. Whether the proposed development has been designed so as to avoid, to the maximum extent possible, any Scenic Viewplane identified on the State_ ', Highway 82 Corridor Master Plan and Down,Valley Comprehensive Plan. ~I I RESPONSE: The development is not located within. any designated Scenic View- plane. il. In the case where 1041 hazard areas may be in conflict with preservation of scenic areas, the Board acknowledges that 1041 issues take precedence over scenic concerns. These issues shall, be reviewed on acase-by-case-basis. RESPONSE: The Development Envelope and driveway have been designed to avoid steep slopes in excess of 30°/a as much,as possible as required by the Code and to minimize the disturbance of natural vegetation and wildlife habitat, In some locations the new road. may be visible from ll"ighway 82; however, it is the Applicant's opinion that the proposed alignment represents the best compromise between the avoidance of 1041. Hazard Areas apd, the preservation of scenic quality. Scenic Quality, Section 3-60-050 The proposed access. road re-alignment will not be visible from any public view area. The Applicant commits to comply with the Pitkin County lighting standards and. to prohibit any landscape lighting that might. cause visual impacts. ~""', 18 WATER.RESOURCES I Encroachment or Channel-ng, Section 3-70-020 No encroachment or channeling activities are proposed. Drainage, Section 3-70-030 The Applicant commits to maintain natural drainage patterns. and to provide adequate provisions. for drainage within the proposed building envelope. The large land area will minimize drainage impacts. Erosion, Section 3-70-040 Planned improvemerns will. minimze,erosion. ~,""', Water Supply, Section 3-70-100_ The Applicant. plans to use. a private well for potable water. The attached geological report by Bruce Collins indicates that it should be possible to locate water on this.. site. ~'"" 19 i 1041 ENVIRONMENTAL HAZARD AREAS I F'loodplainHazard Areas, Section.3-80-040 The project area is not affected by any floodplain hazard areas.. Geologic Hazard Areas, Section 3-80-050._.. _ The property contains geologic hazards including Avalanche areas, Potentially Unstable Slopes, Mancos Shale and Rockfall areas. The proposed development area avoids the significant hazards found. on the property. A Geological report by Bruce Collins, g gi p be possible to Consultin Geolo 'st is attached. Mr. Collins re ort indicates that it should construct an access road to the site and a home„on the site so long as the potential hazards are mitigated through proper engineering, construction and drainage: The Applicant is committed to follow the recommendations of the geologist in the design and development of the home-site and driveway. Historic and Archaeological Resource Areas, Section 3-80-060 The Applicant's property does not contain any known historic or archaeological resource areas. Wildfire Areas, Section 3-80.070 The Applicant's parcels were reviewed for Wildfire Hazards.. by Vince Urbina of the Colorado State Forest Service The, letter from Mr _Urbina is attached. Mr. Urbina has x,.,. ~ ., ~.>,.., .~..~ _, h ,. indicated that portions of the access road and development envelope are rated as a severe... wildfire hazazd; however, Mr. Urbina has made recommendations. to tower. the hazard. i These recommendations include: i _ 20 1) For a distance often feet around. all structures establish and maintain vegetation at 6 inches or less. This vegetation can be mowed grass, perennials or any combination of non-combustible mulches. In addition, flammable material (e.g., firewood) should not be stored here. 2) For a minimum distance;of 40=feet„uphill and to the sides and; 60,feet downhill thin _ and clump existing shrubs. The specifications for this thinning are described in the ~' PitkinCounty Land Use Code Section 3-80.7.C.3. Because of the remoteness of this _ ~w .~~ ..~,~ ._w _~ property lengthening the downhill distance of defensible pace would be prudent. 3) With this house being at the end of the road it would also be prudent to incorporate some fire resistive construction techniques like a metal roof and 1-hour fire resistive siding. The owner may want to incorporate other fire resisfive structural features. '~ described in the Code (i.e., window glazing). 4) Remove all deadfall within 100 feet of all stiuctures, _ __ _ !i The Applicant commits to comply with the above recommendations of the,Colorado„State , .,,, ~ Forest Service to mitigate the wildfire hazards; ~ I WOdGfe Habitat Areas, Section3-80-080 The property contains mapped critical habitat.areas for elk and mule deer. ,The property also contains habitats suitable for bear and. raptors: The Applicant is aware of the wildlife values on the property. The most sensitive portions of the property will remain undeveloped to avoid any unnecessary wildlife impacts. GENERAL STANDARDS. Water Supply Systems, Section 3-110-040 '"" An individual water supply system (well) is proposed at this time. 21 ~'"' Sewage Treatment, Section 3-ff0-050 it An individual. sewage disposal treatment system is proposed at this time. Public Utilities, Section 3-110-060. Utility extensions will be placed under ground within thedriveway alignment.. Roads, Section 3-110-070. The Applicant analyzed four different road alignments to determine the preferred alignment presented in this. application (see Attachment 3 ). Two of the alignments (#1 and #2) would require an approach across adjacent BLM lands. These.alignments were not ~ supported by either the BLM or the Colorado Division of Wildlife. .Alignments #3 and #4 cross adjacent West Sopris Ranch Parcels #13 and #14 through a private access easement. These general alignments were reviewed by lay Hammond, P:E., whose comments are II included in Attachment 4. Based on Mr. Hammond's Comments, a "Road Plan and. Profile" was designed by High Country Engineering to access the property. Full scale drawings (24x36 inch) from High Country Engineering are included with this application. The Applicant commits to construction of the improvements as recommended by High Country Engineering, Jay Hammond P.E., and Bruce Collins, Consulting Geologist. 22 V. ATTACHMENTS €'""^+ 23 ,, ATTACHMENT 1 6EOL06IC REVIEW BY BRUCE COUSN$, PH.~. 24 COLLINS & LAMPIRIS CON$UL7INa GF.OIACISTS ~"`1 P.O. Box 23 Su;T, CoLORAI)O 81652 PxoNE/FAX(970)87b-5400(24 Hovxs) Pa¢vc>Pavc i Brace A. Collins, Ph.D. Nicholas Lampiris, Ph.D. I August 23, 1999. ~ j Francis Krizmanich 0079 Light Hill Road Snowmass, Colorado 81654 RE: BRACKETTPROJECT,THECROWN, WEST SOPRIS CREEK, PTTKIN COUNTY ', Dear Mr. ICrizmanich: ~ i rap y g g g ~ p perry g to House Bill 1041. ' I have co feted m eolo is investi ation of the sub'ect ro with re azd I find that the property includes a mapped inactive landslide,l and the proposed building envelope and all proposed access road routes are located onpotentially-swelling and otherwise potentially-unstable Mancos Shale.. The water table and instability hazards presented by the landslide can be eliminated ,. ~..x~ by avoiding construction on the slide mateitiaL The, hazards present liy Mancos Shale can be_ mitigated by proper engineering, construction, and drainage. I The property is located on the. north slope of the feature known locally as "'The Crowq" the ridge ', running generally east-west between West. Sopris Creek and the Roaring Fork River west-southwest. of Emma.. The proposed building envelope is at and above thebreak in slope between the ~, multicolored cliffs of the Permian-Triassic, State Bridge Fornation (grayish-red), the Triassic Chinle ~ Formation (deep red), the Jurassic Entrada Sandstone (white) andMorrisonFormation (varicolored), and the Cretaceous Burro Canyon Formation and Dakota Sandstone (buffto white), and the gentler slopes of the Cretaceous Marcos Shale swee ' u to the nd a Lne, wluMancos as well. The roe is ca d b a Quaternary basalt flow but immediately south is h southwest of the P P rt3' ~ pPe Y , sediments dip fairly steeply to the southwest in the area of the property. Surface materials consist.. ~ of shallow to moderately-deep clayey soils with varying amounts of (mostly) weathered Dakota i Sandstone and basalt. The drainage that originates in a modest bowl north of the'ridge'and runs generally northerly through the property is the location of a small anct apparently-inactive landslide. The property spans the upper part of the slide and the ridge west of the drainage. The proposed ~ building envelope occupies this ridge which is fairly steep on its east side facing the drawage but gently sloping to the"northwest and west where thg building site is located. Access is proposed by ', airy one of three general routes from the. existing subdivision road on the ridgeline down the slope to the property. At present neither the building envelope nor any ofthe accessroad o tions includes construction on ' the landslide. The landslide appears to be very old and inactive, and could probably be built on with ~', IOLANDIIt, H.C., I.AMM, N.B., nND FLORQUIST', B.A., 1974, Roazing Fork and Crystal valleys, an environmental and engineering geology study, Eagle, Garfield, Gunnison, and Pitkin Counties, Colorado: Colo. Geal. Survey Environ. Geol. No. 8: I Page 2 thorough soil testing, including the identification of slip planes to bedrock, and proper drainage. Special care would be required along the margins of the slide. The potential hazards. of construction onMancos Shale and soils denved from rt are well lrnown ana ,. «xe,~~.+mn.n...a.ua*.v~'. ~.-..~sexs.~r:,ectan`F .,i6:mciaz~ .aa ~. un~ a:: .:~ include its potential for swelling; instability, especially where wet; drainage problems resulting from the impervious nature ofthe rock; its lack of potable groundwater; and the corrosive nature of what, water the formation does contain The lower part of the Mancos contains thegreatest amount of ~ ..., .. .a,~_.»..,.,~. bentonite and is thus most prone to swelling. The proposed building envelope is mapped in this part ', ofthe Marcos. Thorough soil testing and. analysis and foundation design and construction based on ~ the results will therefore be required. Final grading and landscaping must be designed to keep surface and ground water away fromthe structure, and plants, including grass, requiring irrigation in addition to natural precipitation should not be planted where irrigation water could affect the foundation.. i All of the access road options will require cuts and fills in the Marcos Shale or in oils denved from it. Generally speaking, the lowest-gradient route with the nvnmum amount of cut and fill would be - _ ~ wf .. r ,.M...~. the most desirable. Specific route selection should avoid any existing slumps and to the extent possible steeper slope areas where final cut slope angles would exceed 31. In all cases drainage must be carefully designed to avoid ponding of water in ditches along the uphill side, road and fill erosion, and so on. A qualified civil engineer experienced in road construction on Marcos Shale should be . A_~_n... , n ..,~. ,. ,~. _ . ~,,.. m engaged for final route selection and, road design, engineering, and construction. The property is not exposed to rockfall, snow avalanche, debris flow, or debris avalanche hazards... ~ Proper road. design will avoid erosion and potential minor mudflow hazards to which the, road might Ue exposed depending on final location. There has been no known mining in the area so mine-related subsidence should. not be a hazard. The Eagle Valley Evaporite is ahnost certainly present but at its probable depth of 2,000 ft or more should not present a solution subsidence hazard. Olander, et al. (1974), map a fault with significant displacement.. trending north-south about. 500 ft west of the. building envelope. This fault is mapped as cutting both the east end of the Quaternary basalt cap of ~, The Crown and Quaternary landslide and other unconsolidated deposits fiirther north. While the latter may be more erosional than structural, at least the former suggests more recent movementthan_ ~ along most faults in the region, although movement,within hundreds or even thousands of years is not indicated. Because of the proximity of the proposed building envelope. to the fauh, construction ~!, of habi4able structures should be in accordance with UBC guidelines for Seismic Zone II. i Potable water may be available. from the Dakota Sandstone; based on Olander's_map it should be present within 200 ft ofthe surface onthe building envelope. Water. obtained fromthe Dakota should be tested. for the presence of radioactivity, as uranium and other radioactive minerals occasionally occur in the formation. Assuming typical percolation characteristics. of Marcos Shale, soils and, i weathered bedrock on the site, waste disposal should be possible through the use of a standard septic system with a leach field, although the leach field may require. site-specific engineering. The Pitkin ~I County Sanitation Engineershould be consulted for his specific recommendations.... The Marcos Shale and soils derived from it are not lcpown to contain significant radioactive minerals, a_„-. ~-~ ~~ _., but the Dakota Sandstone, Burro Canyon Formation, and Morrison Formation immediately below ..occasionally do contain these .materials; therefore structures should. be designed to preclude the accumulation of radon gas. Page 3 -The property is located in a geologically sensitive azea, but the hazards to which the property is exposed are well-known and can be mro,m,~ed; nothing in this report, however, should be construed ' as suggesting that mitigations recommended herern can or will ehmtnate such hazards mtheu entirety. <,., .~ .. ~. ~ ... ,. ~..-n If you have any questions or require any further information, please do no sitate to contact me. _ '~ Q~~EESSIONA(6Ep! Sincerely, ,~o' ~ A•tHE,q~• ~ ~sl h~ iU ~ ~\~.i%'' 1 ~ . tii~~ Bruce A. Co Consulting ]IvTPORTANT NOTICE: This report concerns natigal processes that,are unpredictable and in large measure poorly mders[ood '. his intended toidentify potential observable hazards [o which the subject property is exposed and to suggest mitigating measures incompliance with applicableregulations: Nothing in this report. should be construed orinterpreted assuggesting the absence of gations will protecfthe suliject properly from the described hazards under all.. the described hazards, or that the recommended mils ~ ~ ' circumstances, foreseen or unforeseen. Nothing in thisteport should be construed or interpreted as suggesting that additional '. unidentified hazards are eot preseat. It must also be understood„that "mitigation" does not meaneithet the elimination of the I~~ ha~rd(s) or prevention of the consequences of a hard event a events, only the reduction to the extent seasonably possible ofthe '~, latter. By accepting this report all present and subsequent parties theretoagree to indemnify and holdharmless the preparer for any and alt damages, dvect, indirect or consequential, including personal injury or loss of Gfe above and beyond the original cost it ofthis s ~ ~' j tudy,causedbyorresultingfirotn° occurrenceofthedescribedorotherhazard(s),wTietherornotsuchdamagesmayresu(i any fromfailure to identify said hazard(s) or from failure orinadequacyof properly engineered, constructed; and maintained recommended mitigations. The preparer ofthis report cannot and will not beresponsible in anyway or manner wha[scever for the proper' engineering, construction, and/or. maintenance of recommended mitigations, or the: inadequacy or failure of improperly ettgineemd,constructed,and/ormaiMained recommended mitigations, or mitigations that have been altered in anyway whatsoever '' from those recommended by the preparer. ... I. ~ ATTACHMENT 2 WILDFIRE REVIEW BY COLORA00 STATE FOREST S,ERVICE__ ~""` ~I' 25 j Colo FOREST SERVICE i JUI 7, 1999 State Services Buitding Grand 3uS..6th Street, Room 416 y 222 action, Colorado 81501 ~, Francis X. KflZmanlCh Telephone: (970) 248.7325 !i Land Use Planning ~ 0079 Light Hill Road Snowmass, CO 81654.. Re: Brackett 1041 Wildfire Hazard Review ~I Francis, Please submit this letter, with any application to Pitkin County. When I receive a referral from the county I with defer to the comments contained ir~,this letter . , I visited the site with the owner and Franck Knzmanich the owner's representative on June 15`h. Access to the parcel is via the Stone' Road in the Terliamis Tracts ~ This particular lot is one c~f the last lots at the upper end of Stone Road. Atthe time of our site pisit access to the building site, was still in question but we did look at several alternatives. All three,access,road alternatives . ,~•..._ ,.._w. __., present the samewildfire hazard problems; avoiding steep grades, passing through severe wildfire hazard rated fuels and the fact that this will_be the last house at the end of the road I know that tf~e ,m. ,,.... _ _ ..,,e, a..~ . n..~..- , owner will work to find the best alternative,., ,The only recommendation I would make to help alleviate the wildfire problems would be to incorporate turnouts into the driveway. The standard for', turnouts is the person who uses one needs to able to see to„the next one. ~^*, The building envelope has a northwest aspect with a slope of 10-20%. The existing vegetation consists of Gambel oak/se'rviceterry, grass and assorted perennials. I would rate the wildfire hazard as severe because of the yshrub,~density. However',. incorporating defensible thinnin can lower the severe hazard rating. My recommendations to lower the wildfire hazard and incorporate defensible space are as follows. 1) For a distance of 10 feet around all stnactures establish and maintain vegetation at 6 inches or I, less. This vegetation can be mowed grass, perennials or any combination of noncombustible.. ~ mulches. In addition flammable material, (e.g., firewood) should not be stored here. 2) For a minimum distance of 40 feet uphill and to the sides and 60 feet downhill thin and clump existing shrubs. The specifications for this thinning are described in the Pitkin County Land Use Code Section 3-80.7.C.3. Because of the remoteness of this.property lengthening the downhill ~ distance of defensible spacewbould be'prudent. ~ 3) With this house being at the. end of the road it would also be prudent to incorporate some fire ', resistive construction techniques like a metal roof and 1-hour fire. resistant siding. The owner ', may want to incorporate otherfire resistive structural features described in',the code (i.e., window glazing). 4) Remove all deadfall within 140 feet o_f all_struCtures. _ __, Feel free to call me with any questions: Sincere) , ._.. a .fir->.~.. A. Vince Urbina Assistant District Forester Cc; Dana Brackett , ,,r-,, ATTACHMENT 3 ALTERNATIVE ROAD ALIGNMENTS 26 I ~ V Q ~'. % ~ ~ r 1 l n - /.~ "~ _ (T7 ~ _ .- V ~~ ~'_~ CV .A _~ _' -;ti i'~' P . ., rr ~ \ _ i u ~. G* ~ .v . b; ~ ~~. ~x r ~ ~ ,~ (s7o) szs-sr~7 PAX (970) 9254157 P.O. Box 2 ~a r'~enn Aspen, CO Ei1 ~..e..,x --., . ~_. a ,. a u.., ,w.a. ~~.a~~~,z..~~ ~_ ~ ,..~s,:.~~ January 21, 1999 fr"""t- . t5ear bane: .... Attached for your review aro ~ 18 of the West Sopris Rangy provided sketches of two v9 grade of 12%. Ae you will r toms-than the version at 12' maximum grade permitted ti d'rfficult to construct a drivpj exceed 1296 in the straightE toms. As I had noted on one proximity of the BWI ba which wa can traverse tF don't see a signltlcant ac standpoint and the BLM I an axess without. encro As you can to all a ~ couple of options with resp®ct to driveway access into your Parcel ;h a Tedanrfs Traots . AB I Indicat®d over the ptwne, I havo •sions, one at an average grade of 1 G35, the second at an avarage' ote, the version at 10°.b represents coneldera6ly more switchback 16 _ My only concern with the 1295 version is then it represents the y the Pltkin County ropuiations for driveway design and it may be I' vay of precisely 1296, Reellatically, k would make more sense to r aegmertts and seek grades of less than 12% in the switchback...... our prior cwnversations, one conetralnt on atx;gss design is the uy to the west. The pro;dmky of the boundary IImTt~the extend to ops to the west, away from th® ridge Iine. As t also noted. today, I Rage In seeking permission to traverse into theBLM from a design ably would not be supportlve since lt is at least feasible to eonstrud '~ ing onto their land..... end the resulting grading combined wkh a_rwege~tion plan may roe far valley than the existing `fall Iine" roatl out. " " I hope this is helpful. AS we diecuesRd,during our eke visit, k n an alignment option in th®1236 range and fee how it looks on access driveway Wray suggest a mare extensive existing corn grade candltions In better detail w 1'd aMiays rerxmmend givin willing to accept In grorning"a driveway permlt. ~._.. idn_Cour-ty wkh a cornmttmenf actof-an~lrery. new drveway rstablish the switchback turr~, t In less vlslple impact hom the y make sens® to t{y and stake la around. Truly desipninp an ions sunray to define existing the Courtly as IHtIe as they're ', Call me when you've reviewed this and we s discuss further options. You stlouid probaby show those to Dave Michaelson as well and see what his renct'ion is, 11 B West fitly, Suite 200 • Qlenwgod 3pdngs, Colorado • (970j 945-1004. OTOiS00f(<j ~ 8Vd C0~00 tT/CT/t `~'"~' f January at, 1999 Mr. Qana Bradcette Pege 2 Very Truly Youra, 5GHMUESER GORDON MEYER, INC. --~- _ Jay W. Hammond, P.E. Principal, Aspen Offic9 .xuy, •moeoe, )N MEYER,~ OTO/900f~] =;-sSA-~r;jvr .,.try, ^ t,' - - ~ y . r. ~ ~ '~'~• ',f - ~ / . ../ ///i// / /~~~/ J ' .h~ 'y..,~; i ,., r F~+cs~. ir4aP: s. . ..,:.. •. „ :~.., ~~]],,~~ ~ '`!~ ~fit1^11h ~~~ ~~~~: m~°°~~~~ ~: S ti .. ~: ' ~ ~ t: i~: ~. . '~ ~ e`OJ )~ 1 /~'/I ~a' ..~. ~~ ~~ .,1 ~~ :~ Y~~ r1~P: '~~Y ~ s"`,., r 1" ~. '' i±~~lp •. G1 ~ ~1 ~~~~~,: ~~ . /.,i \~` ~. ,~...,: ,.~ /: ~ .~ :.., . . ~a _ f r. 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Y+~1 *~n ~T~s.".ir,"~~? .n:: /~ „r'~';. jj r~r 4 s L~l/ ~ lt^ ~ r ~ ~.1 ~~ ~ ~i.(~ ~ ~7 Y]t3,h 1~, i+, l ~ \YrMHt '" sr~~.Jl: 1 4 'Vj~.t t > 1 ~ •yJ'~~l ~x~ !r~ r" ,:~ t% ~~'t,~3 A~ b fi4fiy~,t'f L7~•f {der 1 F ~c.I. ~""~ ' •T/~ i '!'F~~~ 1:1 ~lio ~r r4r '~~ ~ I r - ,:.i'---ti.^~' rey. Ft '6+..t:51 la1t~ ~~ 1~ i ,~' r~ Jr T,'t~: t r v )Jv. ~~yy~~~" :~`~.yt\1. Lys lk xr ~ r.. / e.. Iav ~ y,Fs,.. l /. }'L I~i~ ' It y n' /I. .r~h~ t~FtNL `TT r~4~r.r>ti>:,;~ /~ / r".r-> '~1 9ek. '.it, tV~~ a(`,j~ N4~t l~~ ;(7+ ~~ ; a 4i ~; Eli IQ A1~ ~'r . i~l~ ~ ~: 31:>yt ~?r ~ ~ , l % rr.- ~-•~•.^' .~ .~ r 'j sr•. ~' ~ ~J~.' '!~. > f~l ryi ~ilj ,~. tsp. .. ~ri t[f~riFr 1, ~~., `~1~`~~'.,~±,~, .~( ~s 1'L icy/~j .~ y. 1~~ •' 11r1 tit f ' •t C 'I '; , ` rtl Lr'. ~`~ - rl~ ~ 4,:1 ,j~///i' '~j~`~~ _ 1 .r "f r •. t~47~...'"II'".~ :f:e71r. ~ '`•.. ,r/.~ ity~~~ :. t~-~,~ ./ ~/ / / // / ///~ /r / %1/., ~'-~.. /. ~3 i..1~~'11'-~! }'. ,.. ~ .l. V%/. r rrr: r/ /'~r~1` OTO/0'[0@1 -RB3 L0:00 6I/ST%TT ~', ATTACHMENT 4 SCENIC OVERLAY-RI~6ELINE,MAP i f `'~ ~•"°.. 27 i y g (" ASS ~ ~.,f ~•.: _-vl \ is J N` -- ~ D ~ ..• v vvj~~~,~ /'~-'` /~._ODp, I l ` ~ J ~~ ~ \~ ~' i 1 - ~ e -- - ~ . - ,.~., gar w i ~ ~:: _.` e _ _ y a ~ _ __ 6800 be p p. a' - J1~ - _ / . _ ~~ •I ~.. , `- O __ oz ~ ~- f << Q ~ ~ ,. ~~ ~ ,, „~' v - w o y o 0 07 / \\ t .. ~r~ '. m t \ N =.i. , ~! n ~ r i.~ ~ ~ ' o m v `, t 4 1 q j. d ~ ~ ~~~~ ~y ri '~ o~ fl R _ - Q p 1 \\ ' ~` - ~ `~ - \ \ . _ - ~N ~. ~ '., /pp ., li - ~ - q ~ ~ '~- '. LL 8n i 03~'3'IJY~ ~ '~..- ~ N _ _ 1 - _ ~.. a \ J - ,%_ ~ ~•. \ ': ~. , " o - .~ - ~ ;. -- ;~ ATTACHMENT 5 PRE-APPLICATION FORM e°"9 zs lil=t'-e5-~uuu duly u5:uu rl1 rtlx nv, _r; ui PITiK1N• CO><JNTY P1tE-APPLICATION' COIHFERFNCT 3Uhf1VTA]ZY PLANNER: Gabe Preston DATP.: 9/25/00 _. _ ~ PRO]ECT: Brackett 1041 Hatt=ed Review and Conceptual Submission LOCATt4N: Paroel 15, West. Sopris Rance OWNER; Dana Brackett RGPRES1rNTA~'IVE,,FrancislCriunanich r M,b._. ,, ..,w, ... ~ ., ~ .. . PHONPJPAX: 927-42b~3 i _ _ ,. Type oFApplicaNon:1041 Hazard Review & Conceptual Submission Description of ProJcet/Devolopmenh Applicant seeks a 1041 !•lazard Reviow approval tc establish access and a huiiding envelope for a novv single family homo. Land Use Codo Sections to addresq in letter of reryaesGapplicaflon: • Articlo 2, Land Use Policies • Section 3.80.050, Geologic Hazards: Lot contains steep slopes. and Mantas shalt." ', • Section 3-80.070, Wildfire Areas: f041 inapa rate moatof8ie site as'Severe Wildfire hazard ', • Section 3.80.080, According to DOW maps, the site is located in several wildlife habitat areas:., Mule Dees critical habitat, winter range, winter concentration. Elk: winter range, located near critical habitat. • Section 3-I 10: Provision of wateq sewage disposal, utilities& access ~ • Section 5.70, Submission Rcquiremeirts Staff will refer to: Atlomoy, Engineer, Toning, CO State Forest Servioq CO Division of Wildlife, County Wildlife Biologist, State USGS Tiomeowners, Environmental I•Iealth. i Review by: I-Ieazing Officer Public Hearing? Yes, The applicant shall post a public notice signs at somo visible locations along the trail alignment at (east S S days prior to the hearing and shall mail notice to oil ~rc{iaeeitt property owners of least 30 days prior to the hearing with the retun% address of the Community Developmont Aepartment'(oopy of notice tc ~ be obtained from the Community Development Department). The names end addresses shall be those ott the current tax records ofPitkin County as dtcy appeared no more titan 60 days prior to rho date of the public hearing. ~; Fees: PlatgsingDcposit; $I110.00 Tf~I'AL DEPUSLTi $1110.00 (additional planning hones aro billed at a rate of $1851hour and the Frigineer and Environmental Health charge $65/lir) ,, i To apply, submit tLe following informaNOn: I, 1. Letter of request, addressing Coda Sections listed abovo. i SGY-c'b-2000 fIUl4 Ub~UZ YPl rNl NV. „ Y. l1C%4C 2. 24'' x 36" Site Plan wh ich includes topographic informatim at2' bontour intervals within the proposed building ¢ni%oTopa`'nnd alortg tb¢ proposed access, location and dimensions isfbuilding ®nvclopc+ ~ setbacks from propertylines,'ozisting stivctures; vicinity map: 3. t3cologia Report. 4, Canscnt from owner(s) to process application and authorizh~g the raprescntativc, 5. Parcel description, including legal description and vicinity map. ~ G. Copy ofthis plv-app form. 7. 12 copies of the complete application packet and maps. 8. Application fee. _ I 9. Proof of ownership. 10. Documentation of how and when tho_parcel was crested (2 copies). 11. Documentation of chain of titlelnonmergar of lands for the subject parcel and all adjacent pnrcals Crom title company or attorney (2 copies). i 2. Documentation of adequate legal access to rho parcel (2 copies). 13. Agreement for 1?aylne~rt form (2 copies). 14. List of all adjacent properly owners, and stn addressed envelope for each owneq with the return addross I of the Community Development Department. This pro-application conferonce summary is advisory in nature and not binding on the County: Tits information providedin this summary is based on currept inning standards seed statFs interpretations based upon representations of the applicant. Additional infomtstion may be required upon complete review of the application. t ATTACHMENT 6 LE6AL DESCRIPTION OF PARCEL 29 E%HIBIT A SWEST SOPRIS RANCH PARCEL NO. 15, MORE FULLY DESCRIBED AS FOLliOWS: A parcel of land situated in the W1/2 of Section 22, Township 8 South, Range 87 West of the_6th_P.M., more particularly described as follows: A parcel of land situated in the Wl/2 of Section 15, Township 8 South,, Range 87 West of the 6th P.M., more particularly described as follows:', Beginning at the SW Corner of said Section 15; thence S 88°53'16" E 1319.54 feet; thence N 00°52'40" E 2340.00 feet to the TRUE POINT OF BEGINNING; thence S 88°53'16" E 1319.17 feet; thence N 00°52'071'. E 1618`.77 feet; thence N 88°58'49" W 1318.91 feet; thence S 00°52'40" W 1616.64 feet to the TRUE POINT OF BEGINNING. ATTACHMENT 7 STATEMENT RE6ARDIN6 OWNERSHIP AND; NON-MERGER _ ~"""`; 30 SCHEDULE A-OWNER'S POLICY CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NDMBER-' '. PCT13227C2 01/06/99 11:39 A.M.. _ $ 75, 000.00 1312-148717 I 1. NAME OF INSURED: DANA C. BRACKETT 2. THE ESTATE OR INTEREST IN THE LAND,HEREIN.AND WHICH ,IS.COVERED. BY THT$_POLICY IS;I i IN FEE SIMPLE 3. THEESTATEOR INTEREST REFERRED TO HEREIN_,.IS AT DATE OF POLICY VESTED IN.: i DANA C. BRACKETT I 4 THE..LAND REFERRED TO IN TI3I5 POLICY IS SITUATED, IN TfIE COUNTY OF„_PITICIN, STATE OF. COLORADO AND IS DESCRIBEDAS FOLLOWS, _ i See Attached Exhibit ~'A° f a~°a PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. ASPEN, COLORADO 81611 (970) 925-1766/(970)-92b-6527 FAX z~ PoLicr r~mvi sxowx ox This s~vta nrosi: ncxEe arxxx, a~ rasrxx[areD, iaonmzx or7 ,axe cove[c st~T Mox-~I~caa caaTlsrca-xa PITKIN'COUNTY TITLE,INC., A DULYLICENSED TITLETNSURANCE AGENT IN THE STATE OF COLORADOHEREEY CERTIFIES THATTHE ATTACHED CHAINS OF TITLE`ARE T'~fUE"A"ND~CORR"ECT ~ ~ ` COPIES OF DOCC7NIENTS DULY RECORDEOZN THE 'OFFICE OF THE C6TH3T1""CLE13tC'AND"`R~COADER ' DF PITKZN COUNTY, COLORADO. .. .... _... ~ BY EXAMINATION OF THE ATTACHEDCHAINS OF TITLE~ITCAN BEDETERNINED THAT Nb MERGER OF TITLEHASTAKEN PLACE,'BETSiEENTHE SUHJECT PARCEL, ADJACENT""PARCEL, AND ADJACENTPARCELS_OOb AND 006"SUBSEQUENt TO OC1`OBER Z5; 1979. "~" i PITRIZT CO TLE~ INC. 3Y: ACTHORI 0 FICEA DATED: MAACH I 2 0 I _ i ~M:. ,,".~ . ..... ,. . w__ r. ,~ E E :. 4 »~i " ~ X19 ~ a~ 1 - •O~ :4" ~ ~ st'~5 16.1 _ r . ~ ,.. ~~~~ ;.. ` ess.~o...e.w 15 8 RC. ~ :, ~~,~, , ~,. ~ 7~ .. . ',. SS4/Y: !6 AG • ,. ~n":'~ ~ ~ ~ NATIONAL GRAZING •f` ~ ~ DI$TRICY ~, Id~~~ ~ /ExEM17l 1~ , r'. t.. .- ~~ ax.eo 1 S a h / t +J~~y + w~` ~y 'y.F Pin °i w'`ft 4W`u"d1h'~ Yr1i.iCtpCW''«t. a ,' ~" 4 .: w ,r ~ ~~~/r~ o- r x~n ~~-.~.yy,N~~uu •{•: 1? „Wy1 Y Ti ~ ~.4. .y,=X 4) ~ vy ,Y A T f - 1'X 1 „~ a ~~p ~ f L~ ~~YV~ ^t u ~FS.x1.; r t J: ii*~y. ~' :~ .. s, & r: s :. SEE "~ K MAP ' w~: ,,~ ,, 2465-22 .=. . .. - . . ' +K4 ~ Y 'f }v . ' ..q' .... 'i :. '+~rf. .... 4v l 6 ~ .t_ r } Y~ k.~ ~N7~IJ „i. 4^..i. x.~ !N i t ~t~ f ~ ~~ ~` ~ "~vF :n~~ t>W~'i. S!.r.~. ~~ "~ ~' ~ r r. N~ ~ r ...- F t t s4 x ry4 a Y ~ L Y p ~ ~ .33G~.X ." '. xAx 4`+ V t i YS ~~ry 1 3 j L . t - µv ~yj ~~ i,.,,,^E~i', ~ e<J i . px P r < ~. a ''" #t t r~ nl~ t ey rr t ..~ ^c vy~"~,~+ F iL° rt F` ° c 'C~+vt t "~~.,.ys t. F ~ ~~k~ ~~~ ~« ;~ ; A ~1 ~ SEE ~'`°T ~ ^'Y L' 4 ~•T y4T10N AL~'r'r y I,, n Sp i ~ 4 3 j ~ 'ibr '- ~ '~'1~; .5 -,, ;<:. ,.~ MAP ... - ~ ~~ ,~~,~ K .. r,' _.. ,,,, EXEi ., ATTACHMENT 8 AGREEMENT TO PAY FORM ~""" ,_ 31 . I ~~ ASPEN/PITKIN ', COMMUNITY DEVELOPMENT. DEPARTMENT Agreement for Payment of Pitkin County Development Apalication Fees __ .. ,~ ~ .e._~. ~, rt~.w ~,~, . w w ~,w .,,.~.~ i PITI{IN COUNTY (hereinafter COUNTY) and Dana C. Brackett _ ~ (hereinafter APPLICANT) AGREE AS FOLLOWS: ', I . APPLICANT has submitted to,COUNTY an application for Conceptual Submission, 1041 Hazard Revrew and Scemc vyerlay (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Resolution No. 98-7 establishes a fee structure for Planning applications and the payment of all ~, processing fees is a condition precederit to a determination_of application completeness. 3. APPLICANT and COUNTY. agree that because of the size, nature or ', scope of the proposed project, it is not possible at this time to ascertain the full extentrof the costs involved in processing the application: APPLICANT and COUNTY further agree that it is in the interest of the parties to all APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be,billed,to APPLICANT on a monthly basis. APPLICANT agrees be will be benefited by retaining greater cash ' liquidity and will make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. COUNTY agrees it will be benefited through the greater certainty of recovering its. full costs to process APPLICANT'S. application. 4. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of county commissioners to make legally required findings for project approval, unless current billings are paid in full. prior to decision. ~ 'i a~""* _ 5. Therefore APPLICANT. agrees that in consideration of the COUNTY'S waiver of its righf to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for hours of Planning staff time, and if actual recorded costs exceed the initial deposit, ALLICANT shall. pay additional monthly billings to C0Y7NT1' to'reimburse the COUNTY for the process of the-application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the APPLICANT date. APPLICANT further agrees that failure 4o pay such accrued costs shall be grounds for suspension of processing: ', PITKIN COUNTY APPLICANT Cindy Houben Community Development. Director. Date: ~~ a 0O Mailing Address:. ~.c~.3~X 1515 ~+,, ATTACHMENT 9 LETTER. OF AUTHORIZATION 32 I Pitkm COUrlty ', Community Development Department 130 South Galena Street Aspen, Colorado 81611.._ Deaz Sirs: I authorize Francis the land use .application fora Sopris Ranch (also known as,:1 sxmy representative regazding constructed on Parcel 15 West >.,~4_~ ~ ,...,~ )- _ _ ~'"^+ ; . I ~, ATTACHMENT SO I ADJACENT OWNERS _ ', ~°"`A ~""` 33 I I BRACKETT DANA C HARRIS GEORGE J JR WINSOOK DEVELOPMENT & I` ~, PO BOX U 33972 GRANADA DR - AGRICULTURAL CQ ASPEN, CO 8'1612 "DANA P'O7NT,'CA "92&29 TAMPA,FFLN33602 T White River National Forest Forest Su ennsor p 900 Grand Avenue Glenwood Springs, CO $1601 ~'"~: ~~•~ ~ ~~ ~I SCHEDIILE A-OWNER'S POLICY ug""°> I CASE NUMBER DATE OF POLICY AMOUNT OF"IN5f7RANCE"~ ~~ 'POLICY~NUMBER ~ ~~' PCT13227C2 01/06/99 ® 11:39 A.M. $ 75,000.00 1312-148717 ~, 1. NAME OF INSURED:. ~',. DANA C. BRACKETT __ d 2. THE ESTATE ORINTEREST IN THE LANDHEREIN AND.WHICH 2SCOVERED B'Y THIS -POLICY "IS :~~~ ~~~"~~'~~~ i IN FEE SIMPLE 3. THE ESTATEOR INTEREST.REFERREDTO HEREIN"I5 AT"DATE OF`PO~ICY"VESTEDIb1"c ~_.I DANA C. BRACKETT 4. THE LAND.REFERRED TO IN.THIS POLICY YS SITUATEDIN THE COIINT]f OP''PSTKIN, ~ STATE OP COLORADOAND TS ~DESCRISED"AS FOLLOWS :' ~ ""-~, See Attached Exhibit "A" ,. PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. ~ A5PEN, COLORADO 81611 __ (970) 925-176:6/(970)-92b-6527 FAX THE POLICY NC7FffiER SHOWNON THIS.SCHEOULE Mf/ST.AGRBE. WITH THE PREPRINTED NUMESR ON'. THECOVER SHEET ~ scxEnvL~ s-owNERs CASE NUMBER ~, ~ DATE OF . POLICY POLICY NUMBER PCT13227C2 01/06/99.@ 11:39 A.M. 1312-148717 THIS POLICY DOES NOT INSURE.AGAINST`LOSS OR DAMAGE.BY REASONQF THE"FOY,LOWINGE ~ '~ 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not'ahown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, enchroachments, any facts which a correct 'survey and inspection of the premises would disclose and which are not shown by the public records.. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Water rights, claims or titletowater. 6. Taxes for the year 1999 .not yet due or payable. 7. Right of .way for ditches or canals constructed by the authority of the United States and excepting and reserving to the United States ~' all coal and other minerals in the land so entered and patented, together with the right to prospect for, mine and remove the same as ' reserved in United States Patent recorded July 20, 1943 in Book .167 at Page 511. Easements. as set forth in instrument recorded in Book 312 at Page 23. y. Those terms, conditions, provisions, obligations, easements, ~ restrictions, assessments and all matters as set"forth in Protective ', Covenants for The Stone Road Association recorded August 15, 1995'in ', Book 790 at Page'723,`deleting therefrom any restrictions indicating ', any preference, limitation or discrimination based on'race, color, religion, sex, handicap, familial status, or national origin. 10. Terms, conditions, provisions and obligations asset forth in Road Maintenance Agreement for Stone Road Association recorded August 29, 1995 in Book 792 at Page 1. 11. Deed of Trust from DANA C. BRACKETT To the Public Trustee of the`County of Pitkin For the use of NICHOLAS L. TERLIAMIS Original Amount $35,000.00 Dated January 6, 1999 Recorded January 6, 1999 Reception No. 426259 '', t uu~, v. inn ii.~rnm ~iinin wuirir in~~ t t Report Date: 07/14/99 0220PM ..e/9SCTitT n win. nrvr.noa wv. [tou __- _-_ ASSESSED TO: _ _. _ ___. ___._ _ r. VEND'ORNOc 20Z Trrrt:raumc N3CAOLASL PII'KiN COUNTY TITLE. INC 0252 167 RD 601 EAST $OPKINS GLENSVOOD SPRINGS. C0 81601 ASPEN, C0 81611 LEGAL DESCRIIyTION: _ DESC: A PARCEL OFLAND SITUATED IN W 1/2 OF SEC. 15-8-87 GONTAIIQiNO 48.485 ACRES. HEING MORE ~ZY DESCRIBEDBY M!H IN BOOK 292 PAGB 742. WEST SOPRTS RANCH, PARCEL NO. 15. BOOK 312, PAGE 23. _ _ PARCEL: 246515200004 S1TUS ADD: BASALT TOTAL TARES ASSESSfdENT ORIGINAL TAR b - - 0.00 G 3L1999 0.00 aYYalw rylP ;TJO. aAA YJJalYrra YlV ~Ial~nr. Authority MBt Lery Amount Valaea Aetaai Asseased PITKIIY COUNTY 3.654 180.14 Land 170000 4900. OPEN SPACE; & TRAILS 2:531 123.19..... Exempt p , ~ 0 COUNTY HOUSING DEBT.... _ 0.(66 _..22:97 ~p ~ _ 0 BASALT FIRE PROTECTION 5.932 ....:.292.45 ROARING FORE SCHOOLDIS 43.622 2;150:57 Total 170000 49'300 COLORADO N COLLEGE 3:Si9 374.49 COLORADO RIVER WATER C . 0:309 ......15.29 BASALT WATER CONSERVAN 0.092. _ 4.54 ASPEN VALLEY HOSPTfAL L500 73.95 BASALT LDIRARY 1.147:.. .:.;.56.55 s2.77z 3,094.66 - TAILFS FOR 1998 BEE FOR THIS CERTLFICATE 10.00 ALL TAR I..IENN SATE AAdOTIN7'SARE ST71iiEC1' 7'O CBANGB DU8 TO ENDORSEMENT OF CIIRRBN'1' 1'AX[+S HY T10:I: tilpIDfi(l. ~ ". ~ .... . ~. OR TOADVBRTL9It~ANDD'ISfR'AIB'TW" ' 'PBHS~""~"AT5"Gg~"TOCC~JI~"A~Tli~",'1'1t~ASt)its'$OP1~CR°R~iCi:'I'7EEb''1"~BS CONTACTED P. SGR'f0 I[8Lff1TANCE AFTER lii8 FOLI:OWW°G DATES PERSO1~fAL PkOPERT'2""X)5D'Y~OB1L8"ItO1~S SEP1°Efrf ItEALP[fOPPIt.'1`=5EPT1:'tif~EBf. ~ TA%'>~'~~"tt~Did11#!vl`1'O'N"'A1~0~"i`8i'1`~~1i~1'"HB"P'A`l~~"$'YC`"A'?3H'O$CASi1~RS~1~~1 SPECIAL TAXEdG DLSI'RICTS AND TBB IiOUNDARIYS OP STICH DIS7`RtCTS MAY LB OI+YB.E F7THTl~ 1iOAItD OF ~CbtyNfY ,.: ~ ~ `.., .. COMDRSSIONPItS.1HE'CO[7N1'Y G'CBRIC; Glt 7`fm`COUi~'1'YASSS~FS~R~ T6[, eerrlBcate dose cot mehtvle land vu improvemeau areea,od order a,eparate rchedWe cumber. pmoml property nae,. aaoefvs nx or misc. cat eo0ecte4 on Behalf of odic eondrs, speeLl or lvrol uriprovgmeae dirala as,nameare~bt `..... ~ ''~ mobile hvaoe,,»deu apecifwIlymcpdvrged. I, ehe undersi~td, do hereby ee~dfy due the aceite amooae W ra,o dus upon ttie above vleygvbed pared, of rvul proptvry and .. .... sU onvsv>rdiag sales for uopald taut as ,horva by die rarorde i¢ my office tromv,hkh t6e'e~ma maY sdll tie rodeemad gild dx .„ amoeet'tegvtued rotvrdeavpdon ats eeaead hereto.lartmor".ihereoP.Ibivrcrto,, Boy mod ,sni mif Hass. '.. TREASURER, PTiKBH COUNTY, THOMAS CARL OSEN;BY .. % . '.' ~ ', 506 E. Maio St. Smite Z01 ~: A spec, Co 81611 ~ ,~"'"~ (970) 920-5170 i .._ i r. i Page: l ' M: 990~53d P'~"a NON-MERGER. CERTIFICATE i PITKIN COUNTY TITLE, INC., ADULY LICENSED TITLE INSURANCE AGENTTN THESTATE-OAF COLORADO HEREBY CERTIFIESTHAT THE ATTACHED CHAINS OF'TITLE ARE TRUEAND CORRECT COPIES OF DOCUMENTS DULY. RECORDED INTHEOFFICEOF THECOVNTY-CLERKP.N'DRECORDE~~- OF PITKIN COUNTY,' COLORADO. BY EXAMINATION OF THE ATTACHED CHAINS OF TITLE IT CAN BEDETERMINEDTHATNO ~~. MERGEROF TITLE HAS TAKEN PLACE,BETWEEN THESUBJECTPARCEL,'ADJACENTPARCEL,~ '~. AND ADJACENT PARCELS 005 AND 006 SUBSEQUENT TO OCTOBER"25, 1974. PITKIN COUNTY ITI~E, INC. BY: AUTHORI 0 FICER DATED: MARCH1 2 0 '. . .. ~ ~ TRarr srOv a ac I r S E lOT 6 ~~ oo . 1.32 fiC.~ "" "° ~~ ' 1 .. ~ 4~ i'b01 ! 1 • ~ 003 ~ .: . ~' t' Y > >i ,~ ta~t~z~p s 0 0 ~ ~`S~d ~, t ' a :. 1Ftt I 0 . nc ' \ Oo~ 8 ~~ g+ .. ;~, f ~ a9:oac =SLOT 7 .. ~ , ~ ' 1' LOT By ' ~,.' > ese.no= ••e.~o 5.78 AC. _ i s .-- 354Af:35aAG °:'. r NATIONAL GRAZING ~` a ,- 01$TRiC# ~ ~ 001 • . sse.eo ~sse.eo ~ tiY x i 1 e ~ ~ ~ h !~ Y Y , ` ' k T' X S .y~ p _ A ~ A ~~ .. SEE ::, MAP . M1 ~~. 2465-22 t: 8 ~:Fil. ~.%:~~ ,.. . ~~h n . i. .. . i ' y .. ~~i •~~~ . ( ~. Y' µ:. 6 yt . -2 S ~ LYE M' [ ~ .: S 5 _ l ~/~y ~"+C' ~ 4 l V ` .. .;h r- ~ y 4 ~, s } z~` ~~ r 5 r. S.Ct'aY^.ri '.a ~r a5 ' "~ ~ ~ ~ ~ " ~~ ~'~ SEE NA,oNa'; _~ ~ ~ ,,_. j 4 ' ._ .y ~.. M . '~ ntsT. AP ~ FxE, TITLE GNANI ON SOBIE~i PARCEC I CONSTANTINOS 6. SKOTELIS i ANNA MAY iERL1AMIS,111FN01AS L iERiiAMIS, NARRY L TERIIAMIS WADRANiY GEED 12/10/46 BOOK 1T2 AT PAGE 36 ' -. NICNOLAS L.TERLNIMIS QOIT CLAIM DEED i0/25114 BOOK 292 AT PAGE T42 CORRECTIONDEED 05/i7/76 DOOK3i2ATPAGE'23 _I DANA C. BRIICKETf WARRANTY DEED 01/06/99 DEO: N0.426258 P""""' ar aw.d. .........~ ~ .~= ~s._ ~... _ .~ v ,. 7~ K , .. llfti8 17rr~. aw.udr ..'.•. ~~ d• a.'ls NF7ef'e ~ ip dr wy daa .a .suwaa .~.~ CCand \v4dW fort.-c Sx, ~"+ a _ts:la • '.on tantlnoa G .. ~~ 'lti:ln aad gore of (gMrede a. eae dem PM rd. _.r .and a... L l0 San:a Arno Ta7 To:11na.'a,: GScholna +• ° dtb. Came. d ?S:icln ead SbfedC ¢tls,d Q,.mod Pn:... a• el the fire P~• ~ a.d m aeaeoewme el tae eats d -^---^--_-_... yi@I.tLS LI1TlitaaLR'8. Rae{ be Yid nnoon.t Tea Dol/ara nr.6 o:herS~ad ar.'• enlunt a eanaWurat as"--- ~': •. dlhe eeeoed ia• fMetxe+at xbvfia r awdrf ¢nlreed and aebm~Mdaed. altar firrt nwu•Wad pidMtM atidtnne ~~e, p.e_L.rAei°. dl.em•ew, mdenofirm, mbtb wid p.rde el tae b tlawid pn, rvnd ¢d bf lbre P!s? y •..Ve°LLd.bviaad, rort~. and eve .. e(ta®.L`ea wytee andtw aeifeud w:waearS rrei.m lefwbei Rwdyay,mtin teeentT is e<mmw aui ia;wttmaare, tae e¢^^'~.~b~~®U.d ?Stltln.. .u l6e ldlRieG daedaed let" ¢P~1...°. yad, etau b+wl. .. :un ^tor aad FtaudCdrado n..U: -d. ^ et, .or t v .or f he •cr•hnr .. Tw 3aat ha• a .o ~o r+a= °~^ etler •e -Lro "'he 'orth alf ~f the 'rrthw-et rf Seetiony fta s`e dst -alf .~-heo•t Sao er ` Seet t^t front' aeeaz; nl."in o. L:.e -Sxtt +rirc: al arrld lnr Lr..:o Sr._n~ Syar:er ont ho 1._riT.a' at uc -a ° Ya r vaed a^on er .. _ _ 9a~ev ... r. Tnxnc.`.SP cSiht Sot:•h. SOB. a7 aerea nti•e ^r loaa.' .f°•he .tti s ~ and nGl dash and -aabr rl eonraetlun tha er :h. " I ~^. .'^.; :~. .. a~ OI are : la emriaa o! .~a a -.~/~Y :M. . `•s rr F a ue mss ~.. ... - Li RRRh7:3: q'ffiT.LOF, Tae a+idpK T 9 '. above rtittw. . ~: Mond Ta +fMsuni.PdvNm. taeo aoem and a io <liaa tM.vhaew inF aan d. rto!. IDs wd hSr iuf.d atd ed the d.;'n*d ieee6n v a.. Fymed. fr.ad end 14a eO (... .. ~-__.:.lh~ tW .._- n.. .. „ .q... .: 47ATE OF N:AiiADO, .. `. ___ . .~.~ Cvme•d ._.: Seld ~ tMmtve tai 7Lh d4'el .laceCL~=r `' .~ Tae /me{aeR lwwvn•m rtlsnrrl!oaed _. _. ... a Lr'' - I4 <6 M ~ re :el 3 • i WITAlU1 szr-rc = ama .r 10 la F SEA6 ~t e.f+m..ae ervfv oar ~ - ~dO 1 °a re_ :. dlaor. ._ ..__ '~ '^ er. n:. .. .. .. ..•~p.__.~ ... .... Sawn Tr~Le~ _ ~'A P I41f ~tv ~ .-e a~Mek_e~..a1L ~.. _. ,..-.. ., iced 1¢ nt•rd tM~~-.. __dq• a fiemrdrt. x... °_lc..a ....... .1•rrafs. _ Ca___._._.._- ,m .ar ..t ad l::~n.iaic . •1: •a.x it rrxvn n_..e~wa' o~' lot Tl d t:r. ~ ° ' ~. ,L 76, 76da04 4th e4t Nasdh 'j`gy Dt~ i+ ~ , ~~ ~ ` • , hOlas L ?erlismis Hazzp t: Tezliafii and: ld i Bi ! '~'~ vaa e ffitha ' ~ 1 ~ Anna May ?erlLmis alu l~nnalla7 ,Qii ~a ; Y E at Wa Cotmtias' ot.Cdtield,: de~~aiaon ar atafa d -, + ~ + ~s %, Oderadosttk. rpet D.tt, tad .Nicholai L. ter~iuds .. Y . .. . ';", -^. .` i5, ~. ..,-, a!~ ,. OooMy~ ... Garfield •.aad stab al :,-. ... ' .... _._..- - . E ' •. ~. .. ~ Colorado, at lla ateeod DaA,' .. ~ .., . •.lar_ottlkllri part,tmaod Laaeudentlon ortb ama of i'@7 AND W31N1~' T8, T6at tLa rld PR ,. - s. •`• ~- ._ .~ ~' ' • ~~__.--_--DOLLAH4 ~ NO/100 :($10.00) and other valuable consideration-~ ~. ,_I _ . . .. ' ~ arced D~ t1r ~~ ardnd b tLi and Datt ice td tla lfmR D~ m load Dud >7 Ika rW Du<Y ... ^ ; :. '~ ` .. ._ •. ~ ~ . sad M ~ •^r~ b bstaby eadsed and aclmu,!Isdaab lave'.. r'mird. Naan4,wW eoanrd,.asd QOyl' . ~ .~ ' ' t'adsa Colson. atll, eeara7 and Q9R t/I:AIId mb tlr and Da*0' at W aamxtd Dak. /trta ptaatab ds ~ ;: _ ' .. , ' . ~.. hie Ldas..oearanaal ~adsna.lasnr.Pll tbasisbt, tltl. 'b•Fwt. dales sad d,o~ad erllel tke ulA.; . - .. ,. - • Pa*t ies . of flw that Put Lve m rd b the taD"?~M[ drnBi~A let or prol of Lod dfaaN,` lrlai gad ..... ' .. • ~ .. •~Pltkin , ana tibteOt ColmaL,barlt: WEST -SOPRIS 'bualbtba. .. .r Osemtyat • .,•. .. ' "`- 'RANCR, .PARCEL' NO, 7,5 - . 'CORRECTIVE DEED ", _ ' f'land situated in the W§'of Section 15, TBS, Rd 7W of the 6th P H_ more: l ..._. ~ . o A parce particularly deecrlbed ae ~follove: Beginning et the SK Corner of said Section 15 e" i ~ - nt Tiv Po thence.S88'S3'•16" E.1719.54'feet, thence NO'S2t40" E 2340.00 feet 'to the feat ' E1618.77 'NO.52'07" t h fee " ' ' :~ ~ _ . t ence t, E1J19.17. 16 S3 of 'Bealnning, thence 58B thence N88'S8'49" W~171g.91 fee E,. thence-50'52'40" W 1616:64 feet to the True Po1pt - _,_ ~.... .... , ' ~ ~' ~ ; of. Beginning. ' ., .: Nofe: all bearings ere Colorado, Coord mate System, Central Zone. ~ ~ ~ ~ ~ ~'~• - . .~,. ~t ConCaiaing ,48.485 Ac Tee. ~ ~. . . ~ E7CCEP7ION5: Reserving therefrom all roads,'easementa and reaervetipps existing oz ' ~':~ . ' , a ' ~ for a road do of record; end. furEhermore res"e;yang a blanket 50' vt,de easement vide util d furthermore reserving a ~lf' ` r • s = ,~ y~. -•~~ .' . an CY:, ronetrueted across sab7ecC prope ~ :.. • 'easement 1nelde all 6oundar3ca._' .. .. ~:. -_ .. . ' The foregoing .corrects ~a deed recorded October. 25, 1974 ',in Bonk 292 at Page 742 _ ',• .. .. .. .. a ._ .. : ~•~' _.. '1'b SAVL AND 10 HOLD ebwmaa t?falkr with aD sad alaasLr tle aDDartyaaae^t aed D+SrDtn tlutamb a . .... ,. ~ .; .. , or b aaya•W llwamla apDtretWatt. avd ul tle aahb.*41t tltla der..wt .nd eLlm trb.er...r, of tb. DdesstaY . ,, ~ .. _~ :.: ~ ~ , ~ rld grtics -'d fLe Oeat Dot elekr L"leii er oydtj,.b Ik euT Dnvsr tma.beorfit rd bsbm[ of elu s.1d ~ . . , ... . ~~•:`. .party '.. ~ ~ d Na .awed D.et, ~' Nis Wta .x' arldaa rone.r. . IN VyITNF39WHLRE0P',SLroid part'les of WallnEpvtb ve: betaanb set their bandy' .: ~~". . .:.~ .. ,.~.j ... ~~ . . / ~ and atatA tba day aatl yaarllntake•a treiltm _ ; . .L, .:. .. _. v _ ~/ If2AL1 - .• , •'..=' .> .. .. ° 81p.d. iwl.d.ad t)all•end L tb. Aaaaaaa M ~ _.. Nl flolAa L. 7'errl iaaie ~f,. ~ ~ / a, •_ [REAL) a T ' .. . . .. - . ls Narry f} T~o . :._ _ __ ..._ ,.. ` ' 1 t s pnn May Icr t~nls ka-Anita ~ _. ' .: tr ~BrATE OF tblARAjM.:• ' ~ . • ' : ~ C ~rp~ Cosner of , ~Qt•y -- ~ K : ~ ' .; .. . • Tba lenaoba battumant w. adoarlidaad Won to Wa ~ ~. / Sf dar of _ if 76 .6Y 'Nichol •N 1.. Tact faml s; :harry L: Terl lamla and Annn Nay T rl SamU~~oka ~ .'. S. : ~' "' Adnq Nay Crfff lchs. ~ ~ ~ ~"' ~ ~ ~ ~ aad aflldJ,aaai 39' .Wltnr rf lavd :: b7 eamdWOn eryiraa '.: .~ ...•. Vi ._ ~• i' ~ ~ M•gmmlilldd.Gpireslel~ll,llfl.: '. ~ ~ ~;.~, .., • . Li' / ;';c' ) . ' ' } . :. i. It • astral aaa+ r y„r•• uw sit` °~~'Y'~iT,` °"~"` I;~r.~ ~~r Y, iwraw ~11~~ r ~ awww.L,.r.at W. tr, .e w+•r ~t.wyr r,r+. w ~a•r wWtr tr YaMaa, t b • a •Y auto.. ,f ~~ r,ya,raa.a•~ta,a _` I t •. .. Y ~ M.•,1be~a Uw Iwt ,aw M w,r Mtbr r Y ~~aaa,ataaMral. a,a elt.a.l O,MaY MM,r Wa,Y•eN1 - . -. ` ... }Ia adL eOR NOeaaaara,aataaTtYl,a 0t,7alla •al aaaa,'hm,Ana4%!a•~ ',.. ' ~~ Sb WARRANTY DEED.. " THIS DEED, made thin 06 day o£ JANUARY.,". ,. ,, 117>, bctwcwx xYICF~OLA:i'L TB4I,YAMIG " OF THE COUNTY OF GARFISLD, STATE OF CO GRANTOR, AND DANA C. BRACRETT,. , GRANTEE whose legal addreae is '~ P.O_ BOX II ASPEN, CO 81612 ~ COUNTY OF PITKIN, STATE OF, CO I NSTNESSSTB, That for and in consideration of the sum aE ten dollars and other good and valuable consideration, the `receipt and auffcieacy o conveyed, and by these preaeatsdoea grant, bargain, sell andconvey sad d. confirm untoetbeagra teed hisheis•erand assignarforever~aallithe reald axi property together with improvements, i£ any, situate and lyingand being yin the Countyof 2ITKIN~°Sbate 'c£ COIARADO, de"scribed as followsc' ~ ' Sea Attached Exhibit ^A^ ~. _ . __i, ? ` U ~_ I I~,~I"'~II'I~I' ~"~ "I'I I'llll tI~~III~ 1'I'I I"I I'~I 920256. 01/00/3!96 13:36RUD DRVIS SIWI ~... 3 of 3 R 36.86..0 7.68 "N" "0:00 PITKiN' GOUMTY CO...... ToG8T88R with all and aiagularthe hereditamenta and appurtenances thereto belonging, or"inanywiae appertaining, and the reversion and reversions, remainders, rents, issuesand profits thereof, andall they estate, right, title, interest, claim and demand whatsoever o£the grantor either in law or equity, of, in and t6 the above bargained premises, witli the hereditamentaand appurtenances. TO NAVE AND TOXOLDthe said premises above bargained anfldescribed, '. with the appurtenances, unto the grantee, his heirs aad_assigas farevar. ~,, And the Grantor, for himself, liia heirs and assigns, does covenant, grant, bargain, anfl agree to .and with the Grantee, hisheirs and assigns, thati $t the time of the easealing delivery of the preeenta, he ie wall seized of the premises above conveyed, has good, aura, perfect; absoluteand ~ indefeasible estate e£inhpritance, in law, 3n.,fee simple, and has good right,£ull power and lawful authority to~grant, bargain, sell"and conveys the same an masxner sad form as aforesaid, and that the asame are free I and clear fromall former and other grants, bargains, salsa, liens, taxeq, - " asaeasmente, eacumbraneea sad restrictions of whatever kand or nature _.N .. ~, ... " soever, except those matters as set forth on Exhibit"""A^ a£taehed hereto i'-. ~c a ~~ and incorporated herein by reference. ~~ ~ " The grantor shall and w111 9P]P111RRRAliT AND RORSVER D8F8ND the above bargained premises is thequietaad peaceable poaseeeioaof the grantee his heirs~~ and assigns, against all and every person or parsons lawfully claiming the whole or nay part thereof. The singular numbas~ ahallinclude the plural, the lure! "theei lar, sad the use. p£ ender shall be a licable to al genders .~ ~~'9 /~'~//f NICHOLAS L. TERLIAMIS..._ .. .. ~ ~ STATE OF l ~ /~'L ~C ) ' / _ ~ CODNTY OF / F Imo, ) as. ~s •~ S ~ ~f .. ,.: / The foregoing instrument was acknowledged before me~~this,.V~ day of 19 ~C~ by NICHOLAS L, TERLIAMIS ff //// 1 / r NITNESS my kand and official seal ~6.~.t.l~~ /~~~~ my commission expires: Notary Public ~~ ~ ~ ~~ ~ fib , EXHIBIT A WEST SOPRIS RANCH PARCEL NO. 15, MORE FULLY DESCRIBED ASFOLLOWS:i _, A parcel of land situated in the W1/2 of Section 22, Township 8 South, Rangy B7 weato£thc 6th P.M.., more particularly C1aRCri}'f?f~ A!: fA~. ~.OWS: A parcel of land situated in the W1/2 of Section 15, Township 8 South, '. Range 87 Westof the 6th P.M".", moreparticularly describedas follows: ~, Beginning at the SW Corner of.,,said Section_15; '~. thence S 88°53'16"E 1319.54 f eet; thence N 00°52'40" E 2340.00 £eet to the TRTJE POINT OF BEGINNING; thence S 88°53'16" E 1319.17 £eet; ~ '~, thence N 00°52'07" E 1618.77 £eet;- ', thence N 88°58'49" W 1318.91 feet; I. thence S OD°52.'40" W 1616 .~64"feet to-;the TRVE,POINT OF BEGINNING. _ _,,.-,~ ...y,_~_.~.I ..r ~'~,. ..., i .. 42023803/00/3809 11e30R MD DA"IS SSWI 2 of 3 R 16.00 D 7:30 N 0.00PSTKlN' "COl'7NTY CO~ ~ ' EXHIBIT "8" ,1. Taxes for the year 1998 not yet due or payable. ~: 2. Right of way for ditchesor canals constructed_bythe authority of the United States and excepting and reserving to the United States all '~ coal and other minerals in the land so entered and,patented,together with the right to prospect for, mine andremovethe same as Yeserved ~', in United Staten Patent recorded July 20, 1943 in 'Book 167atPage 511 . ~. 3. Easements as. set forthin inat rument recorded in Book 312 at. Page 23.x',. 4. Those terms, conditions, provisions, obligations, easements, ~~' restrictions,'asises'sme"nts and all matters as set forth~in Protective ~, , i Covenants for The Stone Road Assoc}atiog,recor~ed August 15, 1995 in .. .. ~.., , .,.,.. M ; • Book 790 at Page 723, deleting £herefromany restrictonsindicatng any preference, Zimitation or diacriminationbased onrace, color, ', religion, sex, handicap, familial atatus,ornationalorigin. 5. Terms, conditons,`provisiona and obligationsas set forth in Road ''~ Maintenance Agreement for Stone Road Association recorded,AUgust 29, ', 1995 in Book 792 atPage 1,, ~~ ~- ~ ",.. :. . 3 of 3 R Y6.00 O 7.'30 N 0.00 PITKTN COUNTY CC ` ;', TITLE CNAIN ON AUTACENi PARCEL VNITE~ STATES FOREST SERVICE ~""^ TITLE CNAIN ON ADIACENT PROPERTY NAPPY~AY RANCN AN APPROVED SURRIVISION ~. ~~~~o 0 ~+~ ~a ~ a~ as e„~ _a «a ~ a m ~~~ ?~ ~ ~ d ~ n& ~~ ~~ bf~ ~~n $~9~ r~G.. m 8~8~ J~m+~~ ?. °~"3~n +S^~~~5. -~.o~s ~e'g~ro ~P~m '~~~ ~~~~~ ~~~ ey°~~ a 5 ~~~ ~~^~ Y~5g 3 6~; s a$.,. w ~~£~ ~~~ ~ ~~d ~~~ ~~~~ ~~q~ ~&~~ ~~~~ ~ ~~' ~~w & '~ %o ~.a ~~R~ ~ a ~~ ~~: <~ s"". ~ ~°~ ~~g~e~ '_$~~ ~5~+. °" ~ ~ s~ s"~~~~ n~ n ~. ~e ~~§ =~~~i ~~~-~ ?~r .~~~„ g~°• ((~~ ~ a ~$~0u '! r~ ~M ~r_.: ~,:... a ~ 2 a~ a" ~'s~sG ~~~ ~p A '~ yCV: ] ~ cc ~ ~^4c w3 ~~l~~~N@U@ OOgb ~R~~t ~4~ GGGqq ~~ o y ~ ~ .^ W p ~ m qwR $~ ~ C1 N @@ 6 ~' ~ 9y^@^ ~ lfC~ ~ ~' ~ ^K OBr ~ n n 0 ~ Tg p" :~~r ~~ g ~ ~G n MR g Y M S Nn^ p J`C ~~n~ Y Y W~~ ~ ~ L ~.~~ Bk" " a s ~~.~~~~ " o ~ ~~s p ~ ,a~s~ sue ~ R e yb . ~rog ~: S, 3~ ~F ~'~d & =S. O a ra* ~ N ~ ~ ~ r7 ~ 1@$. 3t , aN ~n PiS q5 ..~ b ~•P~a@~ r~ ~~~ rvn s ~6 ' g .~"~~d~~ ~~ ~~ '~ ~Kb~ ~`~N~d ~~~~ I~'~~R "~o~~R d ~EA ~pM~~ $q3~ ~06~ ~~~~ ~~~~ ~; a ~ ~ ~~ ~~~ s~~ ~Q g~~u ~,6 ~~j.s ms iT'88 C.ag6~ 2~m.~ pS ~B~R ol~~§ E r x.^c < ~ ~_~ ~~ ~~"s' ~~~ ~~~a ,~,~,,, TITLE CNAIN ON ADIACENT PARCEL N0.005 CONSTANi1NOS 0. SKOTELIS _' ANNA MAY iERLU1MIS, NICHOLAS L TERTIAMIS, HARRY L iERL1AMIS WARBIfNTY DEED~12/10146 8001(,112 AT PAGE 36 ~ ~'~ HABBY L TERLNUAIS QUIT CIAIM DEED 10/2'5/74 BOOM 292 AT PACE 740 CORRECTIOK DEED 05/11/16 ROOK 312 AT PAGE 21 6EORCE IONN HARRIS,lR. AND BORCTNEAROiN BENT QUIT CIAIM DEED 02h2/93 ROOK 703 AT PAGE 588 /,""'" .. .~; 6EOROEl. NARRIS,lR. QUIT CLAIM DEED 07/01/99_REC;"N0.432891 li a4awr .evae:m .. ~ ~ 1 ~,. t~:hi~ i~rr1. Male NY ect: ra dp d Deeenber a in tY w4 d e4lmd 44 tM~vev u4e eudr4l evd :eri--nlx. ~ Tnwm" .... .. :an:aeu:!noa G. Sknte3la d the CeuvtF d '1 tl.1~ end F44 d Cde:ede d iN Rwt pvn. evd ... Aaaa ::aa :er:ls:l a, Y•Sihclvi :arl:r~la awd t:arr^ L.:crliei's d tb Cemtr d ?1:loin wd S44 d G^'4ede. ee the eenmd evr1: tRIS1RSl1:1'8.7Tet tM veid Fnn < d the Fnt prt 1m ved 4 airid.nuee of y4wev d N-~.~ .v. ' i ew. L1 .era nrd a:nei• rand a^.? ealuwtle e=na ldu a .^na".~~fY~Mq~~~d ealrm.~ e~id•.. 4 the MW pent dth fun Aviv Eied pdd M7tM Aµ putipdtbe4Ae~1T~.'b<>~et V a pev42, b4t4ved,.vlG and eee.n7N. v-itl b, me p,eun4 de ea tnet Lvntue. 414 me.w end avdva•, mee the eeid timid el tM enwmd pL-t,am m teevntw ie commas but ie jeinttm~e~'. t6evurrimmd tEm.law•4iM ud We b"b' Lk2~~ d ~ ~~m f4e.t~ ell the feGewint dmeneed 4l m ?vr41 d I.nd. eitueu. I,riet vvd br1vR ie the Ce,mO et eenneetlua Lr lana.._. nm: ~. ... ....... ..___, ~._~ .eedtb: ehmebr...+nrd 7+:raerr v tluquiet.mdryntubk.ry.eenbndtx+nid ran:* e: the K•a tmt'LenZ.fiwwdth•m, their>.'urm 4,d iht bean eM vwEa+ d weh .etn'm: wnut ~T and enr;'Tn*en minrr4f* IawieL4 di~nim; au enim 4k icbble ee vh"ah^ ~.ne:l6ernid lust < dtbe 9n:i'4t:bdl andvu. n'AARI~T AA'D 1!OF.Lt'E1i DS7L1'D a~aeel ileditr end deertat LS te^y, A+-a£ q'>fEFyOF, 44 raid pn s dtbe fin rest by a 'AenanYenn`"" •'ir timid .. Fis+ud, Fenni vnd lM~Twfn~in lbr })e1m14 nt. ~,,, . s_____c~t3a ~ ' 1ara3a fSTAS'E OF C01AIiA110.) ~72ef °armn+ev av vekm•nknttd bfan tm tbi -'~ dvrd •7ata~M 14 <G ~L M :'tri : 3 R'j'F\'F~ my hand eud•.arw.nL S4iAL \t tpamt.,nn amu4 < 10 to lS t •••. er.... . _ r < .:_ 3 1 n ee e_ .1sor ~m4r TtM•e. 9 Y' i 2 K .: ~'". ~. w r.. K.Mn4 Ar L 7Mrvn •u u,mvmef 'v nir.aYM: ^.enY U..n..wn.ne ebn e.w+.+•+d I4.4n.evwe. i t j t ~ ~'. I. i 1 j L i~ i. :.~ ~, .. ...:..,. ~ s.+,..,.. ., A . ...~ v~ .. s. ,.~,m.?crc ~xx 4 7tesdd :: ns ~ ~ ~~ t ' tr.lrm. ~ '° A1Fl Ju _ t ~y 1 2` ~~~ ,-.^ Ne. ; .PAGE 1 .•+~. s • ... 1 '1•t ,~ Nerch~ .'~L76, • 4th ~ M~e! . D ' ~ . .~ - . mle Y.I TAm. >~. .. ' ~ ~ ~ ~ •• bbv~' ~.Nicholee L Tgr11am1e, Harry L Terlfsatis and - ':..- ~ • ~ ~ ,:- ___,_ AtIM Ney ?erllewis ske Anne Ney Lt'lffithe ~1 ~ .~« . ' ~ '~ .:.• "• . pe1 . .' .' ~ - ~ . d Ihi Counties of, ll6lgl~CarfielNe Je~'Feteon eed eYb d~ ~e~d!•d tb Oest Pae~ead Natty'. L: 7erliemla :., - ' of tb Cemt7 ot"'.`.EbBle . ... cad shp d' i _. -- ~ •• . Glends, d lb sseoad Put. ~ •, 1 et?A~ A fsrsed V rmldduatlgn dOu aet ilnt e K t6 f , ~ D . e e S7rt W ssW !~ Y71'1'hiERSft1'A .NA NO/1 TLi.AA$ ~ ~ ~ _ . (530.00) and other velusble ewteldpietlnn -~~-C'^ . fa'tb dd Put lee deb ftret ~ 61 Lend 9Jd M ~s saki l+•it Y ~• • d ~We.'fesae4 W*t. tk• tsdFt wMepf . ~~ ;... hsnby amdessd ~atd dme+]Rdsd >!e+e . ~~ r'Isasad. ",A teawrad sad •OD1T CLA11fCD, eW bF h • sad AP . tt. tadu. >elw., ~ eeesv Iwd avrr C1..lDt vote eh. ula yeet Y . ` deb asead P w... P,...et, ao ewa r~ , . h1e help, enmrela aed...(fabfe!uer,atl )b Ae~.`DNe, kiterpe, eiklm end d®qnd sAdeh t(w rY s ssl~l ,. l hl b d de l - . tb~salA d t , tm en r prt tea d the Hest Peet have' to and M f!e feAaminA dmerRM let er patsal d le oft NPST. SOPASS ed gbh et Eeleeedo `P1tk1n __ rtes se , _ s -OeonlY af__~-~ hslnP loth .-._ SOPR75 . _ •. ~ __. , ~ ...-_,•_ AANCIt; PAACF.(. NO 1~ , . _ ~ ~ ' -'" ._ ' ` DLFlf ~ • CORRFCTIYF. nf $ei•tlnn IS T89, RA717 of the Ath P N more tn the {Ri ated l t A ' • ~. more" . _, a u Perrcl of 1gn A erlbe8 RR fq/1owR: cglnnfngnt thr 941. corner ef_aa ld Seetfee IS, l ~d ' u ,ten 22, •• ea y Per4bc ler 1979:31 [ret•t the True Point of ~innln thence !Doti nuing henrr SAB'S7 1A" F. 1' B'S3'IR"1f 00'4 f5 ... 10 fert, . . S88'S7.161' P. ~A59 72 7crE;•thencr NOf52'0T."F. 2't5n.00 ~frrt; thence NN 00 Pert to thr Tnle PeInC of Argf^nltrR. "' 'Id" t7 214Q ' • ~ . . S2 A59.SA~feet;,~ hence •RO Eolergdn •Cnrrdl naro'Syxt rm, fen[ rnl 2nrir. - ~ .:.~ r ' e ~8ntef all he!(rtngs o ~ ~ ~~ ' ~ • • , Centn in lnR 75.437 ~Aorra.:. . . - , 1 • ~ rrf mm nlT rnndw,-raarm•nta AIIA_ rrRPrwAIfOtIR eslatlnR th i ' •Irlny nr ~ ' r ng F.XCRM10N5: Rrarrv ed rt he rmnrd rrarrvlnR ~ hl enkrt SO' w/Ae ~aneaernY for a m d'f l ' o ' ~I In M• - n ; nn r nr of rM wide to hr CHIT[rertl•d nrrOaa Allblt•rt PT^Prrty, AnA flirt hr101rr rr~rrvfnR n IS Y 1 Cy :, .~ ~.~ .'~e"~-: . IIt 111L{..: •.a 91•mQllt tnetd4Ji~..'.•~•A.: ~Y Y4 4 rtR q dl rd fern rdad Ori obrr IS 147E In Rnnk 297 nt ,F^Rr'76Q.. ~• 77H.• Tln• fnrcRnlnR enrrye ~ TO 1tAVt AND TO AOLD tb rme, tae+ths* sr11Y ell smd eleedu the ePPam.aeae+ eM Pnrllee~ 1he~wsi ~°tO d We . belsaefe[ w ie rrwfw thslaeata appvbldaL. udiN the s.t+fc'*4k411tie. letnst and<lils aAubssea, d tY .~ b tb edT 1^sPsr ae4 oeesflt sedbbd d t-i'isY A ' o, .. , , eas r. said imtt Ir+ d tb Iles! Wtt. dWu b 4o rt ' ' ~. • . Y the esO .. . ~ . . . .. WK y d tb seeend WR h l a •helea seE. !dss•lelswr. 6naanla sett heft hseM d the Oast Pact Tu y r IN V/ITNFIS W17CREOP 17f~ rN Mrt Ira ... ' eadW w ihs L7aad Tau tli~es6wi ~lebu ,.. ~ • / , / ~] ' H7r'~~ .. ~ .l t LP • Ufa _it1LALj -e1 - of hnlwa ~rrif tw ~~,,,_ .Mpld, geelwl slid DYfwesd Mlb Pl~eeeed fWAfa . rr.~•~- ~ . . ~fIf1:AL1 . / a '• ~ 1 ry. T5i wmlM ~._ • Ana r er s 7 . _... .. _.._ a ~a(>tLAL) • ~ / ~ .;. 1 6TATr. OP COtAAA1f0, ~ . . I~M , :, . ,: . ~~ - .. - sr. t - hdw rtW, f .. ea-d .The laraeskl[ Ysllseswlt we x, 2 rl hie eZi`~ de aM Amw }M~ : TFPI'l '-' . w 1- ~(s y`.Nlrhnlww 1.. T,rrl lwmli, Nat rv L • ' Aanw Nov fr lfl it hw. 1P . Alswsgbet me/a/lMd ~L .. it1 sssrleNew sgtl.s . 7.1 'n ..arm I,^•Y I:h li; 1\.T ~ - ~ .. , .. • .. - ' • ~ ~~ ~ .• ~ ~w ~ ~ ~ ~ _ . • . ... ti.....,. „~ ~~~e+ - . .~ .. • . '_ • . ~. . . .. . . . ;~ .' r • ... , . ~M 1 -. ~i °~ i 1. f r: _i .:' -:1 1 ~`` :'~ ~• ~ '.. ;;. . r. • . i. :. ~: < t .-. s r .J .., r _- ! ..:. i; ~' "' 7 tl _ -~-+.+~+ of/1_/93 le ~; Fec s3b.O0 BK TOS PG 526 ReeePlon NO. Silvia Davis, Fi tkl n. Cnty Clerk, Doc f.Ob .: __ . _ _. . _. ... QUfr CLAIM DEED. THL9 DEED. Made mis 12th day o! January . Iv 93 . ~~ ~1~" HARRY L. TERLI.>::15 ' nl thr 'County of Engle and Sme of ' CMaado, Fmm~:, and GEORGE JOHI: HARRIS, JR. and DOROihT.A. 3:'JIH BL\T w'hox lepai addrtss is 37C2 A. Cherry Street - Ta¢pa. FL of the Coumv of 3]607 , Flcrida and ::a¢ dff6R~a~1~, erantees. IKJ-~A '. .i .e; ~' .v .. .?•. .:~ej: ' •. ~ ~ ~~ ... '- . ry,. WITNF35ESH. Tlwl the nbynr. fm and m csmsidmtipn n th sum n! other good and valuable 1 S~ . F ~~ . .ry__ _~____ ______ -,DOLLARS '~ _ ..,_r . r - .-r- ' consideration and ' _w '„ ; ~ ' the rteeipt arM suTioenn•ofwhkh is herths xknwledFed. has mmued. n:Ieaad w,ld rmm~ed and OUIT CIAIMED.andbv these ' + pnxenu does xmne, rtieaa x11. camp and OUR CLAIM vmn the Fnntm Ihert hens. tort-ssnn and. aasipnt fortsrr, nol m ~ IeNncy in Mmmat MII in JDIDI ICM1anCY. alhhe n„h:. one, inlrTL claim alld dCma wi wh ch Iltt pnnlnr hat in a11d lu the Ril plnpMy. I' ~ . ',, _ (1 IoFnhr. wuh Impmemenu, d ant. silaotr, h mF and trine m the Coumv of P:.sin anC Smte n! Cnlnndu, descriheJ m follnns: ._. _., ,.,.., ..... ..,..~ 4~ ,y t ~l ~ ~_o BXHIBIT "A" and any rights, easements, or rights of vay acquired by vay of a Don- exciusive right co use in perpetuity an easemant fif ty feet in vidch for 9` I :~ ingress and egress as set foah in docur_en[. recorded Augcs: 31. 1978 in ~~ ~'"x:`s`: '. Paok 353 at Page 614 as Receptidd No. 206919. f .:1 + ~1, ~ ~i s. e I• .:. also lmwm br street and numbs ar. TO HA\'E AND TO HOLD IM wmr. legelher wish aII aM singula•. Ihr aprunenanras aIM privlleres Ihrauato bclonrme m m ' ., anwiq themunm apprmm~inF, anda:IhSraute nght.litle. inrcma aM claim alutsnner. oftlz nmot ethrrm law or uny. to the `e ; ~ ~ I' pltinl, the ,... only proper use, benefit aM Dehaof of the Fnmeet IArir (eln and attipm forcer. The tiaFdlar number shdll mdudc .. ` plunl the tinFUla:. and tle ue of any FcrMa shall he applicable w all Fenders `~ IN tVfTT~ESS WHEREOF. The ennw~ ha rxecured rho tlerd nn th<dase at fonh ahwe. .. /` . // / ' ~ ,; t 1 1 ii .. r ~.. ~'.f ' ~ -t. z: ~' STATE OF COLORAilO. i r ss ~ ~ ./„ a ~ ~ r ~ . ^ ~ . y Yr d 19 ': f '~ : K} 'K~ R g3 ar o January . The fineFoillF ilmrumenl was xknrs«IcdFedbefortmcthix :Q( ° ~ - ~ ,~ Ti f , ' " rl M Harry L. Terliamis ' . . ;2~= . L a~1 fl ~ • {.::1~,fR~,. ~.~~ l Iv ee r6inn n bct ~ i ~ . 19, r : Ritnets my bnd aM official sat. 1 ~ ^.f.~,MW -i ~'~ :~~-, ~ •-I ll~ ~•' 1JIi~G , . .::.,. . c ' ' '.ar ....Iws i ,i~Ll~. •• ~' :,` 9C ir, prover. inaen'City arid.' ~ __ . \a.9i. Rer, S-aa, gsrr MIM DLID mJ.,u a~,~wl ... _ •.a'. I~I aMIM ruN , i IJ)Wnrt 4. 11elwer.fa M:n] ID.I p].~VIF-t#A .. '~ -' --.~ 1 . ... .. - . EXHIBIT A M333S~9 02/1^^</93 14:27 Rec sSO.OC PK 703 PG 389 Silvia D5vis, pitkin Cnt yCl erk, "Doc `3.00 `~ NEST SOPFIS RANCH; P:P.CEL 13F 9 parcel of land situated in the Nest i/2 of Section 15. 7odn ship '9 Sou th,~`Range'B~"Nes of the Fth P.H „ more partioularly described as f of loos:" -~' ..,% < ,!:. • ~::~ -~V ' Beginning et Che SW .corner of saidSectioh 15; ' - thence 5. 88 degrees53 minur.esl6 aacondsE. 1979.31 feet'to -,, ;: the True Point of°Beginning; . ~ ;. thence continuing S. 66 degrees 53aima eaY6 secondsE. "•~~ 659.77 feet; ~~ ~~ `~ thence N. 0 degrees S'L minutes 0~ seconds E.2390.00 feet; ~~. " '~ thence N. 88 degrees'S3 minutes 16 seconds W, 859.`58 feet; ~;.. thence S. 0 degrees SZ minutes 29 seconds W, 2340.00 feet to ;.'~ the TuePoint oP Beginn=rig;`"as~hereiribe:oredea~cribed. •'' ,EI .: , ~ Subject to: The non-exclusive right to qse in pe:petvity an ^- ~ • ~ easement fifty feet in width for ingress and-egress along' .~. ~ ~ ~ roadways as s:e apparent and constructed and in place . ' :.~ ~' extending from the Ptkin Couhty :oadon WestSopris Cieek - "i throw h i e i g potions. of the SE1/9 oP the iiW _/4 1%2 of Ltie :,~ ~ y ' . SW1/4, of SectionlS; the W1/Z of Sec•icn 2• the N1/2of the ~ NW1/9, lots 1 and 2. of Section 27, All in T:B S., R. 87 W., ~;! . 6th Principal Merdiah. ~ ._:; '"~~'! .. ~ • i County of Pitkin, State of .Colorado : I . \ 1 I . _. _..`_' •I ~:' .i .X - _. „w.•, '. :,\ ; 1 ~.. ~: ,','~: i _ ~. '-^^- z--.7 P-~?E 48/C./or. C:: 11P PG 3 OF' i FEC DO.. -~, ~c,E - ... S1LV1A DaV:p P2./:SN COUV'Y CI~Ri: b FECOF n ."Fi: CO ..n O. nQ`-~,. gOST C~3TlS DHEO r~V /~ ~ Tt:15 DED, made this - day of Y1T,!•C,,. _, 1994, betveF G orec John Ht ss, z. sad Do o yea R h Bent, whose addre s ~,.,_ ees. ..ner o__ec _a_r Ficr...a, 3.:607 (^G: _:r ors^}, and Egro.c ... ~t.t.co.7S,Jr., Philippa i3. Whitcccb and Dorothea a_th 3e~ who=c'addresn is 100 East kzin Street,` Su_tF: 20i, Aspee Coiotadc,S:611 ("Grantees')' "" S7_5".:°_S5^3 :hat For an'_in consideration ci the s::n of Ten Dclitsc and o:~cr coed va.i~able eons dezatio:r in hrtic~ paid..... ........ Gr.:ators do hereby rec3.se, re_case, se17, conve+' anti (:V1TC`LAZM t.o Grantees, thets heirs3 a~...~;.eaz:ca, successors a,d assigns forever, a__ ^" :heir c y`a, t - c, and interest in snd~ a thn_ fc12o -ng real ..=opens s::cater. ?itrin Cou^. _}•, Colorado, tb wit. k~SS SO?F..S FId:C^,. F:.:.CEL '_~: A paxel o` lgn3 si :cased in the .. rest 2/2 0`_ Gectior 1~,Toaship d5octh, Range6' W'estbf the . 6th P.S: ...ere pa::ic:aar'_y dese:ibed .. Fcilowa: '. Peginning n: :he S~ eoracc ~~` said Seeps '_5; thence S. bfi d^grcos 53 wie::us 16 seccads s 1979.31 fee. t0 tha Tmc Poirt o: 3r ginriag; ...• thence eor::iaui~:g S. S6 ~egreca 53 -inctes. 26 6Fronci9 E..6';9. ;?.... Feet; :heaee t:. 0 der,reee. 52 r_nutes 07 seconds E. 2,3.0.00 feet; thence X. 86 d ~ eec53 :mutes Sb"seeo.oc ... E9.SE Feet; thence S. D de ees 52minutes24 seconds W. 2340.00 feet to the SruePOint o: Beginning, as hereiabefore deoczibed. ~• Toeether with all and si.,nguizr the heredi~ameats and ;~`~ eppurteranecs .here•_ato belonging, or: anywiee eppertai:nrg, and tie :evecsior. and seversioas, remainderand=F:.:aindezs,ri~ts_ issue9, and ~.roFits thcr•.oF; aad all the estate,riglit, titles. interest, e: ai ~, ar.~ de-znd vhatsoeve_oF G_ahtecs, either ir. ~.~ or ir. cgci t~•, o:, i,. a-d to t!;~ a`_•oa-d-!,zrcai.ned are.~aea, wits the hcredit:-..e-'s a^d a:purtenaaees"to have and tb hold the srid _ premises a`uove barcaicel ar•.d 2ea_ribed wi:h chc ampcrteaaaces unto Grant ees and ;.heir a9sigas _'ez eve;:. ).. J - J tAi J i ~~/." l Sig. a.. acd delivered s._ day o,y ~_/.' Jt.": , 199x. rF~~> \ CO:P.'•'Y OF ii-:..ate.:.-° The Fereccin5 Q•sit Cizit: Deed was +ekaowle:deed beFore me this .na da}• of JL~e ,-1994 by_George Jo.*.n'. Harris, Jc. Witness mg hand ando:'^ieial seal. „kv ecmazrs~0'in °Xp-:es: ~y^; .... i v~ P•+.1 a .... . ~'_.~ w:.•.,+w". ..x a.u<.. NOtarV?tib11C STATE. OF CO~O~µo.u ) _. ...., COUNTY OF f';~ISr/i ( . .: She Foregoing Quit Clair Dced. was aekasaedged "•:~~re ma t`••< %r:~ day o3 &ytr<1 , 199< by Lo* • ~ • Ru'h _ .. s ~}• hand a~d o`_iciel seal i it iA;Y.A ttA;oc it h;,ta~• Pub'_ie ... MYC9t+tw"10!1 ~ :Z9E• ~^~ QUIT CLAIM DEED D~~~ ~ . _ ~~ ~ n THIS DEED, made this~~th day of ~ ~ 1999, between Harold C. Whitcomb, Jr., Philippa B. Whitcomb and Dorothea th whose address is 100 East Main ~ Street, As en, Colorado 81611 Grantors Stone Road, Basalt, Colorado 816~f ("C"i'r`anteean" d Creorge" ~ " Hartis, Jr., whose address is 2000 ). WITNESSETH that for and in constderation of the sum of Ten Dollars and othez good aztd .w..~.,„,~ » ~., ,« valuable consideration in hand `paid; Grantors d~o"'?iereby remise, release, sell,convey and .,;,~ QUITCLAIM to Grantee, his heirs, admtntstrators successors and assigns forever, all of their right, ' title, and interest in and to the folio real to ` "`~ `" wmg p petty situated in Pittd'n County, Colorado; 'escrbed as follows: ~ i ii WEST SOPRIS RANCH, PARCEL 13: .4 parcel of Iarid'situated in the West~I%: of Section 15, ' Township 8 South, Range $7 West of the 6"' P, M., more particularly describedas follows[ Beginning at the SW corner of said Section 15; thence South 88 degrees 53 vtinutes16 seconds East 1979.31 feet to the True Point ofBeginniag; ~'' thence continuing South 88:degrees 53 minutes 16 secondsEast 659.77 fee_ t; ' thence North 0 degrees 52 minuses 07 seconds~East 2340:00 feet; ~ ~ ~ ~~ thence North88degreea53minutesl6scconds`West659~58~feet; ' thence South O degrees 52 minutes 24 seconds West 2340.00 feet to the True Poim of Beginning, ~, as hereinbefore described. - ~. Together with alland singular the hereditami anywise appertaining, and the reversion -arid teversiot rofits thereof; and all the esta~ ~~ ~~ ~"~`~~'~ ~~- P te, right, title, inters. either in law or in equity, of`in, and to'the~above-6. ~` appurtenances, tohave and to hold the said plea: appurtenances unto Granteeand his assigns forever. Signed and delivered thiso~ day of i 11111111111 rillll lil! lllf1111111~(II~~~`~(Il~lil 1~~~ 3 of 2 R 30.00 D 0. ~~"11 "0:00'"lrI7KTN°'CCUNTI' "C°C" (attestations on following page) G:\wa\DDRI V EV3uria-Gypd00 f Page l of 2 ~'`~ ,: -; - ' or and ors, and ' the I Grantors: Harold C. Whitcomb, Jr., Phillips B. Whitcomb and Dorthea Ruth Bent '~ Grantee: Geo rge John Harris,Jr. STATE OF ) v ) ss COUNTY OF ~~ ) The foregoing Quit Claim Deed was acknowledged before me thisday of '. 1999, by Iiarold'C. Whitcomb, ~i: and by H o~ C. Whitcomb, Jr as attorney in fact fo hilippa B. Whitcomb. Witness my hand and official seal. My commission expires: ~ ~j/(~ ~~ STATE OF _! v CdL ) ,nr+re p"^`co`~ ~ ss. COUNTY OF Caw p o ) The foregoing Quit Claim Deed; was acknowledged before me thi~ day ofdt~p 1999, by Dorothea liutli Bent: ~ ' "' ~~`°~ ~ " '~ Witness my hand and official seal .. ~' My commission expires: ~-~8_~~ .U:~/~/~l 1 ~ ~Lvl4~t,~ @~ B otary Public z°O' g II11111111111111111(I111111111111111111111111111111111 434801 eva;Issas ezsze!! acD oavss siwt __ 2 of '2 R ~ 10.00 D 0.00 Ti "0.00 PITKTN "COUNTY CO on..~.~aruva~xx,..;.-c~ya:oo~ Paget of 2 _ ~:; _.i, TITLE CHAIN ON ADIACENT PARCEL N0.006 i CONSTANTINOS 6. SI(OTELIS ANNA MIIY iERL111MIS, NICNOIAS L iERT1AMIS, NARRY L TERLIAMIS -~ -- ~ WIfRRANTV'BEED 1Y/10T40 BbIfK~1'12 AY"P1101; 36 -1 i g ANNA MAY 6RIFFITNS QUITCLAIM D~ED'10/25/14 B00~ 2'92'AT PI(AE 141 CORRECTION DEED 05/11/7.6 606K 312 AT PIC6E 2Y DOROTHEA BENTNARBIS CUSTODIAN WABBA1iTY GEED 02/10/95 BOOK714 AT PACE 494 OEORGE 1. RARRIS, IR CUSTODIAN QUIT CLAIM DEED 01/01/99 AEC: N0~ X32894 WINSOOKDEYELOPMENT~AGRICULTUNALCOMPANY °_ WARRANTY DEED 12/80/99 DEC: NO: 43OU83 ~ ;~5~---*-~---• c ter-. .rte. ~: f ~ r ~, v ~ ~ .. •'.. ,•«,•. r { '~TSa;~. ,.,.jam f • . ~`T • • t - ' f ? 4e11 loaf Maxh s11 76~ , ` 8layii. ~~~- ' ~ . ~. ~;~., x.. .. -.. , .F ~lllclwlu 7. 'larliamSh Narr7 L. Serllemis and ' ' ;; ,~' ~ CriffStlu ~ +ttlofl-1~as Sarlia>Sa aka Rani Na~ ~ , ~ .. ~:L. ~ °d r1m aR~' of~R •Caifield, ja~fen ~~>W Coimtiea d , ~ . . •:'.•~,~ , on alaeaY,aflka~nafPatl:aad• Anna Nay Orlffiefu . ... .. . ~._ •r i.' . ,,..., ~ .;~ .r • at ga ' : ..' .' O.ry ~ Jefferson Trod ae.1p d. __ ~.. .. L - •'Oalmrif, t Ho assalid YM. _ • ' .••~ p!ilP~1>J. Tbat f8a aaN patlfea d fh. ffiaf pa*t..laeatlleeegddm.tlaeeStk.amadTEN AND NO/1 . ($10.00) • and other' valmble contldezatlon _ . w a _,.~„.r '~l!4 d.. ' - ~: . ....: . •.•.: •:" lmm+ lbe lasipl nbmaa[ Iearl 7 of lba maae 'M tlr mdd Dm't See d Wa 1Le1 7s~ 5 fmad i~ b). f5. rid ' ' f ' ~ %-•` •Y ~Y aae:a.ad amd .rmm.~.drm4 a've _'tiwiwe. ltea~al, mad eenesed ~ Ot71T fE.ALISD, miA; b • ' • ~u.» pa..~e. ae remf».'~.w .a6 a.e.i;aa.Cmr cLA~ mf. m..w r.~ar _ .r a...e..~ r.~s: _ • :- ,.... ~ r ^. .• • lain. ao6e.msn~rlpr.laeiQ,atl f3i>irf!4 dW taa+.t. slim ~ d.mmd .biah f>r ~1i1_ ~.. ' .~ her . •. . . . • . "" ~ ""' . }et Sea., d La >li+t pM aoa ~ !a ad j+ IIr lotiawLif'"di«zmd lee. R Tom- a[ Ind dNPV. b+.t sit ~ ~ .. _ ,. y~fnty peagat Pitkin .mid fitmMCalsnds.fomles NEST• SOPRIS. -. ... :. •AANCR, : PARCEL NO 14 .. .. • •. CORRECTIVE DEED ' _ ' .. the li4 of Secelon 1~5•,~ T85,~ R87N of the •6th P N. amore A paxe~' of land eltuated in 5 ;• , , par'eicularly described~asfollove:`; 8eginnSfiR'at the SW eornerof said Section 1 _ ~;.•. thence.S88~53'16" E 1319.54 feet to the True Yointof BeRinnintt. thence:cgnEinuing N68~53'16" W h 0 " ' ' ~ ` ` ence 0 feet, t E 2340. 24 I~O S2 ienCe iF :588'83'16"•E_659 77-feet.~ ' _ ' ' ' ~ ' ,;, .... : . ~ : 8eglnning.~ 659.59. 'ehence 5052'40^ `W 2340:00` feel: to she .True .Point of. " •Y ' : , : ••~• ~ ' al Zone _• - Note: ell bearings :ere Colorado Coordlnate Syatem,.Cenrr ,... ~ -• .. .. ~; .` ~ ContdininB.34.436 Aerea:: _.' _ :• •• EECEPTIONS: ~'Aeaerving ~therefromell roads, easements: and reserva[iona•exiating ~. '• or of record' and furthermore resetvin a blanket~50 vide easement for a road .•• ie 15' n . .. • v g a : to be constructed across aubjeet property;. and furthermore reservi ~ ~ ~ ~. '' ~ ' ` ~ ' • utility easement inside ill' boundaries. • • '• ' ' : '. ' Tlie:faregoing'correeta adeed recorded October 25; 1974 in Book 292_acPage. 741: • : 1'b HAVE A31D TO 80L~ t>;a' aamti tpaatbe vlth aD sad alnaaLr the appaif.aamaa sad IPii.D~ tlaeml0 •.. ~ '. ... , ..-.., tkaemei apP~aiaa. ~ aD tb. aalat4 rl(bt, t1t1a, lotoieR tad eLtm vkaLowiq et t!a ' fidaglar R 1a'aeYwlr ' • mdd ~"1'•"~ ei t)ta IIiit Ari. aitbar !e 1.. w e0oftr. to lba mdr DpDar aao. b.wOt sad bboet et l1r mdd. _ ' ~ ~ ~ ., '~ • --•' :.. ,. ' IaaR Y. d fly Naepd 17~. her h1n-mod rdia. faaiwr: II•i VlIT1iEB3 WP3RE0P, Tb. mdd pities 'dtbo fhGl pail have- hareaoto,ivt theirb.ads ~ . . _ . • ~//~ '. ` ~adaMf6 ~tEa da>.aed7~rarataba.a arlm.a. ~ T„' K'/ ' ~ . • .. ~~• ~ ~ » s `;Cf `C (BEAD s' . alaaad, Sadad mid DaV.aiad fm ttsa Pmamiea si Nlc o as ter 15 . ' .F ~ ,; ~ , j • '. ~ .. . ' ~ .. rififllls a a . • . ~ ' _ . ~ y ( A/nna May7~r lamia acp na ` ' ~.- ._ ' _ • BrATE OF OOLORADO, ~ ' ' ' _ •~ ~.. ~ . .' c.®aar•.~~ ire" ' •~ • • : •.~ '' _ • , ,~ • • .. SLa lm.aetn< butrummt .aa adme.dada.d balm. ma tld. / • . d.r of ••.~.~ j,` ~ U 76 .br' Niel+olas L.-Terl'f amis'N~rry. 1,. 7crl tamfa and Anna. Mny T rK ltam~•a•aka^•' ~~ ' ~. . 'Anna Mny Griffitha.~ • liy eammimiea eaplraa , . 19 . Wlmau m7 b.ad sad ollleW seal • ta i i E l l ~ . mm ssro: zo res d Y ~ 11,1971 ~ , • . . / .- .. C".~,.~y ¢ ~ .-~- -- r~u . i~ ~.• '. . ,. ~: ..: . _ - r :,, e~'1 SILV Iw ORVIS7n P-49pITI:IN1000NTY4CLE~R~:P~RECORI~iR. '~ Reception No. Recorder RECORDING. REQUESTED BY: WHEN RECORDED RETURN TO: Andrew V. Hecht, Esq, Ga~eld & Hecht, P.C. 601 East: Hyman Avenue Aspen, Colorado 81611 DOC ON 0. NERAT. WAR ANTY DEED ,~ i Anna May Griffiths, ss Grantor(s), for TEN DOLLARS ($10.00) and'other'good and valuable consideration, in hand paid, hereby sells and conveys to Dorothea~Bent Harris, as Grantee(s), whose address is 100 East Main Streef; `Aspen; `Colorado $161 1, `an undivided orle-half (~k) interest as the custodian far Christopher GeorgeHarris under the "Colorado Uniform Transfers to Minors Act" and an undivided one-half (~h) interest,, and to Dorothea Bent Hams as custodian for Mathew George Harris under the "Colorado Uniform Transfers to Minors Act", in joint tenalicy with right of survivorship, the sur~ivor of them and' his or their heirs and assigns forever; the following parcel of land situated in the W 1/2 of Section IS, Township 8 South, Range 87`West of tiie 6th P.M: more particularly described as follows: Beginning at the SW comer of said Section 15, thence S 88~53'lti" B', 1319.54 feet to the TRITE POINT 'OF ' ,' '' BEGINNING; thence contiduing S 88053' 16" E, 659.77 feet; thence N OOo52'24" E 2340.00 feet; thence N 88053' 16" W 659.59 feet; thence 5 0052'40" W 2340.00 feet to the True Point of Beginning. COUNTY OF PITI{IN, STATE OF COLORADO, ' with all its appurtenances and warrants title to the same SUBJECT TO EXCEPTING: General lases for 1994 due and payable in -1991; right of way for or canals constructedby the authority of the United States and excepting and reser the United States all the`coal and other minerals in the7and so entered and pa together with the right to prospect for, mine and remove the same as reser6ed in States Patent recorded July20, 1943 in Book 167 at Page511; and easement as sa in instrument recorded in Book 312 at Page 22 and isinstninent recorded in Bo. at Page 614. This corrective deed is intended to correct a scribner's error contained in certain General Warranty Deed dated July 25, 1994 wherein an interest in the at property was conveyed to Dorothea Bent Harris individually as a result of a mist: he may have to the Grantees named abovaettce for purposes of quit claiming any inte Signed this ,~~h day of February, 1995. yea to a _ , -- ~ ' Anna May Griffit Dorothea Bent Harris ~ ', /.t9~.a~ . . , QilTT CLAIM DEEb .. . -~ ~' THIS DEED, made this~0~~day of(`/ / A!17 n i .1999, between Dorothea Sent Harris, ("Grantor") ofanundiviiled one-half('/z)interest as the Gwstodtan for Christopher George ~~~ ~x~ ~ r Hazris under the"Colorado L'7nifotm Transfers to 1Gliuor's.~ct" an~ an undrnded ove-half ('%z) naterast as the Custodian for Mathew George Hams under the "Colorado TJmform Transfers to Minors Act", ~! ,., ._ ~ ...w.».y _.,.., ._. .. i whose address is 100 East Main Street; Aspen, Colorado 81fi11, (Zirantor 7,and George J. -~ ~ Harris, Jr.,an undivided one-half ('r4} interest as the Custodian for Christopher George Harris under the "Colorado Uniform Transfers to Minors Act" and an undivided one half(f~) interest as the Custodian for Mathew George Harris under the "Colorado 17mform Tr_ansfezs to Minors Act_", v~ihose aiidress is 2000 Stone Road, Ba'sa1t, Cofoiado 81'd~~l ("~ra:itee"); ~ ~ ~ ~ ~ ~ ~ - WITNES SETH that for and in consideration of the sum of Ten Dotlars and other good and ~ valuat+le consideration in hand paid, Grantor does hereby remise, release, sell, cotrvey and QUITCLAIM to Graatee, his heirs, administrators, successors and assigns forever, all of their right, title, and interest inand to the followingi-eal property situated in PitkinCounty; Colorado described as follows: WEST SPORTS RANCH, PARCEL 14: a pazcel of land sttuated ~a the West''/ of Secfion 15, ~ ,.~. ,,~, ., ~.,.~..~.. ~. +w~-v+ ...,,,..~...,.~ .,._.... Township 8 South Range S7 West of the 6i60th'P:M ,more paruaufatly described as: li Beginning at the Southwest corner of said Section 15; '. thence South 88 de ees 53 minutes 16 seconds -' gr East, 1319:54 feet to the True Point ofBegtnning; thence continuing South88 degrees 53 minutes 16 secondsEast, 659:77 feet; _ '. ~., _._. , thence North O.degr~es 32"mtmrtes 24"seconds East ~~4'O:OU feet; thence North 88 de ees 53 minutes 16`seaonds Wes 659.59 feet; thence'South 0 d egrees32 minutes 40 seconds West, 2340.00 feet tothe True Point of Beginning. ~ County of Pitlcin, State of Colorado. Together with all and. singular the hereditaments andappurteneaces thereunto belonging or ~ anywise appertaining, and the reversionand reversions, remainder andretnainders rents, issues, and profits thereof; and all the estate, right, title, interest, claun,-and demand whatsoever of Grantors, !, either in law or inequity, of, in, and to the above-Bargained premises'wrth'tlie tierediiamea4s and appurtenances, to have and to hold the said premises above Bargained~~aird described with the aPPurtenancesuntaCrranteeandhisassignsforever. ~ .. _, -.. ,._ ~, Signed and delivered tlhi~y 9s~ 1jj((9~~99. 1/J?sn~.t7N.l1~ .,n.t.~( ~ oro~a Bent Hams as Cu todian for Christopher rge Harris ~~^~ othea Bent Harris as Custodian for Mathew George Harris ', (attestations on following page) c:~..$~oatuvs~n.,:;,.o~yw.ooa - Page I of 2 CO < is ~ ,., ,~~~ .._.. Quit Ctaim Deed: from Dorothea Bent Harris as Custodian to George John Harris ..STATE OF ~~~ ) COUNTY OF C r , r ~ ) The foregoing Quit Claim Deed wss acknowledged before me thi~~utay of 1999, by Dorothea Bent Harris, as Custodian for Christopher George Harris under the olorado Uniform Transfers to Miaors Act" and as Custodian for Mathew George Harris under the. "Colorado -Uniform Transfers to Minors Act". "- Witness my Band and official sepal. My commission expires: ~/ ~O ~0~~~ s-n+~.E`t HEIMER Notary Public ~"a r 111111111111111111111111181111 IIIII11111111{11 I{11 1111 432891 07/03/1999 02.23P GCD DRVIS SILVI 2 eft R 10.00 KIN COUNTY CO O 0:00 i 0.00 ~~IT._ ,.: .... :.--. ~~. ~"' c:~~noaivs~x~~..oy~a:oos Page 2 of 2 ~. _„.. ,. ,..~,~„ , .,,» ,....~..,, ~, ,,u ~, ~_ .. ._. _ i .._ fit, WARRANTY DEED THIS DEED, made this ~ t1aY of December 1999 Ixtween George John Hams Jr as Custodtan for Christopher George Harris under the "Colorado Uniform Transfers to Minors Act' as to an undivided one half (f,) interest, and as Custodian for Mathew George Harris uncYer the "Colo`ran"o"l~nifomt Transfers to ,mars ct as to an undivided i one-half ('h) interest, whoseaddress is 2000 Stone Road, Basalt, Colorado 81 d21 ("Grantor"), and ~Winsook Development& Agricultural.Compsny, aFlorida corporation, whose address. is.701 N. Franklin Street, Tampa;FL 33602 <°Grantee"} '.. WITNESS, that the Grantor, for and ht consideration of the ,sum of Ten and,no/IOOths dollars ($10.00) anfl '. other good and valuable consideration, the receipt andsufficiency of which is'$ireby acknowledged, has granted, _. bargained, said and conveyed, and by these presents does grans bargain, seA convey and cotifntti unto the Grantees, ' ... their heirs atxi assigns forever, all"the real property, together with improvements, if any, situate, lying and being in the County of Firkin end State of Colorado, described as. follows , _ i WEST SOPRIS RANCH PARCEL 14, a parcel of land situated. in the West 'h of Section 15, Township 8 South I, Range 87 West of the 6°i. F.M., more particularly described as: , ~ '~ Beginning at the Southwest comer of said Section I5; Thence South 88°53' 36' East 1319 54 feet to the Tine Pomt of Hegnming; Thence continuing South 86°53'16' East'65J.T7 fee "~" -'", ^ ,,, .: ,,. _ .,... I _. „ Thence North 0°52'24" East 2340 00 feet; Thence North 88°53' 16" West 659 59 feet; Thence South 0°52'40" West 2340.00 feet to the Tme Point of Beginning. County of Pitkia. State of Colorado. i also known by sheet and number as: TOGETHER with anywise appertaining andthe and all the estate,. tight, title, r to the above bargained prentla TO HAVE AND T~ unto the Grantees, their heirs covenant, grant, bargain and s and delivery of these presents indefeasible estateof inheriffii bargain, sell andconvey tlu s and other grants, bargabts, sal soever, except those matters s its and appurtenances thereunto belonging, or in lerand renuiadets, rents, lasses and profits thereof, ~. ver of the Grantor either is Taw or equity, of, is and .,...r„ . ....... ...... .... .....,_ ,. , i nntenancea. -~ th the appurtenances, '. ors and assigns, does time of the ensealing ~~ xd has good The Grantor shall and will WARRANT AND FOREVER DEFEND the abovo-bargained premises is the quiet and peaceable possession of die Grantees, their heirs and assigns; against all'arid"every person or persona Iawfuily claiming the whole. m anypart thereof. The singular number shall .include the plural, the plural the singular, and the use of any gender shalt be ', applicable to all Sanders. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above i C (J57DC~Aa7 i ohn Harris, Jr., as'f,"ustodiaii for Christopher George Harris ~ .. ._. GUSTOLY.oar ~,'. Creo orris, Jr., as Custodian for Mathew George Harris STATE OF COLORADO ) - I ss. COUNTY OF PTTKIN ) The fo¢goiag Quitclaim Deed was acknowledged before me this a9aEaay of December, 1999, by George '. John Harris, Jr., as GLStodiaa for Christopher GeorgeHaais under the "Colorado Uniform Transfers to`Miaors Act^ '~.~ and as GLstodian for Mathew George 1•Yatris under the."Colorado Uniform Transfers to Minors Ait". Witness my hand and of5cial so I. .. My commissions expires: t C~//~_ / ~ ///~ r Notary Public ~ ~ _ No Dnr. Fee i° recni~ed for the nemose of we+seasiwa per C.R S, 8 39-t 3-t 04 'i ' O '~ ~~ ryr .. tt ```` `` ff .` ~~~; V 1„I~I "I~I ~~~III I~f1~ I~I"I I~~1 I'1~~1 I~"'I'I'I'~ ~"I_ `o- 439083 12/30/1999 01s42P NODAV35 SILVS 1 of 2R Y0.00 D 0:'00 "N`0.00PITK>rN ,COUNTY CO _ ...... i » « .. L A EXHIBIT 1. The lien for ad valorem taxes for the current yeah .o ~ ~ Right of way for ditches and canals constrcted by the authority of the United States 2 d ` ', . speet for, mine an and all coal and other minerals together with the right to pro 1943 in Book edJuly 2Q, t ro d m United States Paten erved s , •. . Y ~ , res ..d ,. ~. n. .P .. .. ,.. ..._ ..,:. . , v,. remove the same a 167 at Page 511 as Reception T~7o: 92304: "` `~` I , ' " 3. All roads, easements, and a blanket 50' wade easement for a road to be constructed itility'easement inside alI` ~" de 15' i ~' t, .- wa t across subject property, and reserving a as set forth an Deed recorded May 17, 1976 in Book 312 at Page 22 as i d b _ ar es oun r .Reception No. 183819. ' "" Anon-exclusive right to use in perpetuity an easement fifty feet in width for ingress 4 ~. ,. ~ ... . and egress as set forth in document reebrd.ed August 31, 1978 in Book 353 at Page ..._ „' - 614 as Reception No. 206919. ~ _ ~. ', I ~ '~ t recorded~Mh 4 1981 m Book 405 at as set forth m rnstrumen Grant of Easement 5 ' ; y . . ~,.~ r m , page 201 as Reception No. 231285,.... _. ....... I. ,._ .k, conditions, provisions of Resolution of the Board oyf County Commissioners Terms 6 , . Colorado, Rescinding a Previous esolupon of~enial and Granting of Pitkin County ' , Hazard Review and General , Approval of the Graves/Bent/Leonhardt 1041 ~us .. , . e. ~ 3 i i _ -,_,.. . ,,..~.,. ~.r .o-ww 27, 9, as set forth m anstavaten recd e~Oetober Submission, Resolution No.. 95 17 , 1995 in Book 797 at Page 865 as Reception No. 386815, and re-recorded November ~. 6, 1995 in book 798 at Page775 as Reception No. 387102. ~^, 7. Easements, nghts of way aaa omer masers as snows ane concazneu on tactic aw.a _...,. Hazard Review Map recorded December 12, 1995 is PI"af`Book 38 at Page 94'~"~ RecenfionNo.38823A. 111111111111111111 I11111111111111111111III 11111 III{ Ilfl ~, Y:..--. 404063 ,12/30/1908 01:42P WDDAVIS SILVi 2 of 2 R:10.00 D 0.00 N 0,0fD rITKIN COtlliT'I CD FROM KRIZMRNICH PHONE N0. :.970 927 4263 Mar, 20 2001 09:50RM'P1 ~F County of P9tkin } AFFIDA.VTT OF NOTICE & } ss. MAILTrTG PURSUANT TO State of Colorado } PTTKIN COUNTX LANb USE COl{1E .SECTION 4-90 I, J..J~ati ~ IJ10~f~~C.`~ V ,being or representing an Applicant to the Pttkin County Development Peraut, personally certify that I have complied with the public notice requirements pursuant to Section 4-90 ofthe Pitkin. County Land Use Regulations in the following manner: ', 1. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid i U.S. Mail at least 30 days prior to the public hearing to all owners of property adjacent to the subject property, as indicated on the attached list, on the ~ day of ~ n ~~/~ 200 1(which is~days prior to the public hearing date of~•~. The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeazed no more than 60 days prior to the public hearing. 2. By posting a sign in a conspicuous place on the subject property (as it could be seen', i from the nearest public way) and that said sign was posted and visible continuously from the ~ day of ~U~ , 200 to the day of !~(L~, 200 ~. (Must be posted for at least fifteen (15) full days before the hearing date). j~ posted sign is attached hereto. Applicant's name (Attach photograph here) (~i A photograph of the 4'' .~ r . <` Signed before me this~day of 200~by _.. ~. ~ ~~.„ WITNESS MY HAND AI~ ~~ My commission expires: 03~ \L~ di Notary Public's Signature Page 1 ofl'1 1~ file://A:\MVC-001 S.JPG PUBLIC NOTICE R.E: BRACKETT 1041 HAZARD REVIEW & CONCEPTUAL SUBMISSION (P159-U0) NOTICE IS HEREBY GIVEN that a public hearing will beheld on Tuesday; March 20, 2001; at '' a meeting to begin at 3:OOpm or as soon thereafter as the conduct of business allows, before the Pitkin County Hearing Officer, First Floor Meeting Room of the Courthouse, 506 East Main Street, Aspen, to consider an application submitted by Dana Brackett, requesting'1041 Hazard Review ', approval to establish access and a building envelope for a single family residence. The property is located on Parcel No. 15;West Sopris Ranch, and is described as a parcel of land situated in the W I 1/2 of Section 22; Township 8 South, Range 87 Wesf of the 6th P:I4I: For further information contact Gabe Preston at the Aspen/Pitkin Community Development Department, (970) 920-5092. s/James True Pitkin County Hearing Officer Published in The Aspen Times on February 17, 2001 Pitkin County Account No. 002.02 Public Private X file://A:\MVC-OO1 S.JPG 3/2/01 Page 1 0~' 1 .. _; ASPEN/PITKIN COMMUNITY DEVELOPMENTbEPARTMENT _.,,. 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5090 FAX (970) 920-5439' MEMORANDUM TO: Attorney Zoning ' Engineer -hourly Env. Health -hourly ', CSFS CDOW Wildlife Biologist CGS Homeowners Association FROM: Gabe Preston, Community Development i RE: Brackett 1041 Hazard Review & Conceptual Submission 2465-152-00-0043 ' P159-00 i DATE: November 4, 2000 Attached for your review and comments are materials for an application by Dana Brackett. This ~ application will be reviewed by the Pitkin County Hearing Officer on March 20, 2001. ~ Please return your comments to me by February 20, 2001. PLEASE RETURN APPLICATION MATERIALS TO C0IVIMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF'THEIC~L _ . , _. _ . .:,__ . _ .v , _ __ I, Thank you. ASPEN/PITKIN 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 FAX# (970) 920-5439 November 4, 2000 Francis Krizmanich 0079 Lighthill Road Snowmass, CO 81654 Re: Brackett 1041 Hazard Review & Conceptual Submission P159-00 Dear Francis, The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional' information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. We have scheduled this application for review at a public hearing by the Pitkin County Hearing Officer on Tuesday, March 20, 2001 at a meeting to begin at 3:00 p.m. in the Commis§ioners Meeting Room in Pitki~t County Courthouse. Should this date be inconvenient for you please contact me within 3 working days of, the date of this letter. After that the agenda date will be considered final and changes to the schedule or ' tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the applicafion is available at the Planning Office. We have forwarded a copy of this application to the Colorado Geological Survey (303 866-2611) and the Colorado State Forest Service (970 248-7325) for referral comments. Please contact them directly at to arrange for payment of their fees. Please note that it is your responsibility to post a public notice sign on the property at least fifteen days prior to the hearing (and remove it within one week after) and to mail notice to all adjacent property ' owners at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice to be obtained from the Community Developrent Department). The names'. and addresses shall be those on the current tax records of Pitkin County as they appeared no more tham60 days prior to the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with the Code at the hearing. ' If you have any questions, please call Gabe Preston, the planner assigned to your case, at 920-5092. Sincerely, Tenley Taylor, Administrative Assistant r~txin county