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HomeMy WebLinkAboutpitkin.planning.246522300008 (2)DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL Off' THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination .Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (11x17) q ~ ., 384816 8-791 P-969 48/c9/9.~i 11:41A PG 1 OF 11"4 REC I)OC N SILViA DRVIS PZTKIN COUNTY ~LERN. R RECORDER 0.00 RESOLIITION OF THE BOARD OF COIIHTY COMM238IONERS OF PITRIN COIINTY COLORADO, GRANTING APPROVAL OF THE RESTIVO/STRAWBRIDGE 5041 HAZARD REVIEW 8_GENERAL_;SUBMISSI,ON, , Resolution No. 95- RECITALS 1. Chuck Restivo and. Leslie_Strawbrdge, hereinafter "Applicants", have applied to the Board of County Commissioners. of Pitkin County, Colorado, hereinafter "Board", for approval of the construction of a single family residence, pursuant to the Pitkin County Land Use Code. 2. The Applicant's. lot is .zoned RS-30 and is approximately 38 acres in size. 3. Said lot is ,described as Parcel 6,of the West_Sopris Creek Subdivision.. (formerly Terliamis Tracts), more specifically described in Exhibit A, attached. 4. The Pitkin County Planning and Zoning Commission reviewed this application on February 7, 1995 and has forwarded a recommendation of denial to the Board, based on severe wildfire hazard on t)ae.subj~t property. 5. The Board heard this application at a regularly scheduled meeting on June 14, 1995, at which time evidence and testimony was presented with respect to this application. 6. The Board determined. that the proposed development does not meet the criteria established in Section 3-807 (A)(1&2) of the Land Use Code. The Board voted unanimously to deny the application as evidenced by Resolution No. 95-99. u~K< .~.. ,,w ,... _~..,...~ ~~.. _....,.~:~:~~~.~:,~~ the Applicants filed for a Takings Determination Hearing. 8. The Board of County Commissioners heard the Applicant's appeal of the June 14, 1995 denial at meetings on July 5, July 18, July 31, and August 15, 1995, at which time further evidence and testimony was presented with respect to the application. 9. The Board determined that the previous denial does constitute a regulatory taking as defined in the Pitkin County Land Use Code. In order to avoid this. situation, the Board resolved that the Applicant will be granted an approval to build a single-family residence on the subject property, provided the existing subdivision roads are improved to a standard. acceptable to the County Engineer and the Applicant complies with all other :required conditions of approval in this document. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin ...County, Colorado that it does hereby approve the Restivo/Strawbridge 1041 Hazard Review and General Submission,~subject~to the following conditions: 1. The Applicant shall adhere to all material representations made in the. application and in the public meetings. 2. Prior to building permit application, the Applicant shall record a 24 x 36 inch mylar 1041 Hazard Review Site Plan which meets the approval of the Planning Office and County Attorney. The Plan shall include: a. The following 1041 Hazard Review Warning and Disclaimer shall be noted on the Plat:' "The provisions of these regulations do not in any way assure or imply that areas outside of designated hazard areas will be ..free from hazards, or that approved mitigation measures will guarantee the safety of any property." b. The building envelope shall 'be revised to exclude all slopes in excess of 30 percent: 3. The Applicant shall obtain an access permit from the County Engineer, prior to issuance of a building permit. 4. outside illumination shall comply with County lighting standards in effect at the time of building permit issuance. 5. The Applicant shall comply with the recommendations of the DOW as follows: a. The building envelope shall be screened to the north and east with native vegetation, such as: pnon pine, scrub oak and. juniper. ~~,« b. Dogs are prohibited. c. Fencing shall be a maximum height of 42", 4 strands or less with a 12" kickspace between the top 2 strands. Any rail fencing shall be the round type, 48", 3-rail or less with at least 18" between 2 of the rails. d. All garbage shall be kept within bear-proof garbage containers. The DOW can supply .specifications. upon request (North American Bear Society specifications). e. Horses shall be confined to the approved building envelope. All hay shall be fenced with 8`foot game-proof fencing. 6. Wildfire mitigation shall be as follows: a .,. a. A sprinkl system or a foam fire retardant ystem shall be installed in the residence. The system shall meet the standards of the Basalt"Fire Protection District and the Uniform Building Code. b. The Applicant shall have. available for firefighting, a water storage facility to accommodate a minimum of-.,1,000 gallons. Capacity and location shall be approved by the Basalt District Fire Marshal. c. Roofs and gutters shall be kept clear of debris. d. Yards shall be kept clear of all litter, slash, and flammable debris. ~ei,E R-791 G-97~ 0B'~'S/5v 11:41A FG 4 OF 11 =s ... ,.. ., ~~ ~ ~ ~" ~ . Resolution No. 95-~ Page 4 e. Firewood shall be stacked on a parallel contour a minimum of 15 feet away from any structure. f. At least one ten pound .approved ABC class fire extinguisher shall be _p laced in a visible and .accessible location for each structure. g. Swimming pools shall be accessible to Fire Department vehicles. h. Fences shall be kept clear of bru§h and debris. i. Wood fences shall not be connected to the structure. j. Fuel tanks shall be installed underground :with an approved container. k. Regarding vegetation: 1) All vegetation shall be removed within l0 feet of the structure.. This area should be maintained in the future as low ground. cover (to a height not more. than 6 inches). 2) Vegetation shall be thinned within a minimum of 100 feet around the structure, with a minimum of 20 feet crown separation between clumps of oak/serviceberry. Remaining clumps shall not have ah aggregate crown diameter in excess of 20 feet. Dead limbs and ladder fuels that could carry fire into the crowns of the brush shall be eliminated. Slash shall be properly disposed of by chipping, hauling away, or piling and burning during a safe time period. , 3) Maintenance of the "defensible space" shall be required in order to retain it's value as wildfire mitigatiQA,. Oak and serviceberry tend to sprout vigorously after cutting, so it will be necessary to trim back vegetation every year or two. 4) Removal of natural vegetation within the building envelope shall be kept to a minimum, based on the recommendations of-the Division of Wildlife. 1. Any additional proposed buildings. within the building envelope shall incorporate wildfire mitigation measures. m. Structural Design and Construction Requirements: 1. Roof construction shall be Class A, non-combustible (no wood shake/shingles) material with no flat 384816 B-791 F'-973 ~'1/~9/95 1i.41A F'G 5 OF 1~ ~/ ~ ,,,. ~ ,:. a Resolution No. Page 5 2. n. o. P• 4- 95- 1"I,C) roofsv._ Vents. shall be screened with. corrosive resistent wire mesh with mesh l/4-inch maximum.. Structural Design and Construction options: 1. Projections at the roof line .(which include but are not limited to eaves, cornices, soffits, and roofs over open decks) shall be sheathed with materials approved for 1 hour fire-resistive construction. 2. For projections below the roof line (which .include but are not limited to exterior balconies, decks, porches, cantilevered floor projections, and bay windows) the open space between grade and the underside of projections below the roof line shall be enclosed by solid, vertical walls. These walls shall be constructed with materials approved for d .hour fire-resistive construction on the .exterior side of the wall and shall-extend from the top of grade to the underside of the floor decking or walls of the projection. 3. Windows shall be made of tempered glass. 4. Exterior siding and wall construction shall have a minimum 1 hour fire-resistive rating, ground level to roof line. 5. Foundations, skirting and crawl space openings shall be fully enclosed and constructed with materials approved for 1 hour fire-resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls. ~ ... ..,, 6. The underside of decks and structures with stilt foundations shall be fully enclosed and constructed with materials approved-for 1 hour fire-resistive construction on the exterior side of the walls and shall extend Erom the top of grade to the underside of the floor decking or walls. Addresses shall be clearly marked and visible with minimum 2" letters. All utility extensions shall be buried within the driveway alignment. Propane tanks shall be installed 'according to NFPA 48 38481E R-791 G-974 N8795 11:41A p6 E OT= 11 ' ~ Resolution No. 95-~ Page 6 ~~'(~ standards and on a contour away from the structure. with standard defensible space vegetation mitigation around any above-ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire-resistive construction. on the exterior'side of the walls, Prior to issuance of a building permit, the Applicant shall provide documentation of an adequate domestic water supply. Quantity and quality of said supply shall meet the. approval of the Environmental Health Department. The septic system designed for the site shall meet the approval of the Environmental Health Department. The Applicant shall obtain such approval prior to the issuance of a building permit. 9. The Applicant shall obtain a fireplace/woodstove permit from Environmental Health Department, prior to the issuance of a building permit. S0. No development, including disturbance of vegetation and grading, shall occur outside of the building envelope, other than that required for wildfire mitigation, construction of the access drive and necessary utility extensions within the access driveway. 11. The building site shall be revegetated with native .grasses to limit water consumption and additional runoff, immediately following project completion. 12. The principal structure shall be limited in size to 4,500 square feet of floor area. All structures shall be limited to a maximum height of 20 feet. 13. The Applicant shall waive their right to any compensation from the Division ~ Wildlife for property damage caused by bears. 14. The Applicant shall form a R Association for the purpose subdivision roads and driveways the County Engineer. Should the such a district or association, rata share of the improvements t the County Engineer. Either wa required prior to'the issuance oad Improvement District or of improving the existing to a standard acceptable to .Applicant be unable to form the Applicant shall pay a pro o the roads, as determined by y, road improvements will be of a building perm~~~}{GC~~ ~j'-t. 15. Prior to the issuance of building permits for lots in the West Sopris Creek Subdivsoh, the recently formed 'Stone Road Association shall enter into a road maintenance agreement with Pitkin County. •384816 P-791 p-g7g 03~9J 11:41A FAG 7 OF 11 Resolution No. 95-~ Page 7 16. The Applicant shall submit a landscape plan to the Planning Office for approval, 'which addresses the vegetative screening requirements outlined. by the Division of wildlife. 17. Building foundations shall be reviewed and certified by a Colorado registered .professional engineer. The certified foundation plans shall be included with the building permit submittal. APPROVED AND ADOPTED ON THE.ISTH DAY OF AIIGVST; 1995 BOARD OF COUNTY COMMI33IONERS OF PITKIN COUNTY, COLORADO By MichaelC:_ ~relan , Chairman ~eaneLLe Jonas Deputy Clerks'and Recorder APPROVED A8 TO FORM: J kn-E3;Y ~~ ~~~ _ ~,r ~- County Attorney APPROVED AS TO CONTENT: ~tnin~Q ~ jJylG~-•-- suz n e Ron han, Comm pity Development Director M LL G 1 I 7 7 7' Y 7 n y y , i .. ' ~3 ~~ 'S' .e~°" d:~, • ,_ , r• v _ q~B~n~da~ TACT a t -. ~~ ._ Z lulaO6 ith etfd~ Ma reh .1x76 ~ . .r~ . ... :. ..:.. ... .. Seholu .L. Terltania, Rgrry L. 7ertiamte and ~ .••~ ~ .'~ ' 2erlitaie aka Anne lYny Griffiths .' ~" • 'pl ~1y Corm n o»~Carfield. PJgle bnd and.ua d _ - . 0MlFeiya[6a pa:Caad . ..: a errton ~ . Bennie V.~7erilanLa lira' »": `et lD.= : - , _ - ai _...;.Carfield . sad :rata d ~• it: yR•' ~ 91241PS43ET8, Thd t~ufd pall !es of tM llad part,for utd In eanddmtlenot tla tom of TEN AND NO/1 • ;a'"~ (S10.D0) and other ve able cansideratlon--^---- -~_,.----DOLLA(R.q -• to Otteld parties d tha IIls~yart •n hand paid bT tlis utd party. e[ Hr tteead ~.,~, :-.;~ Dart. tha leedpt, +baeeaf ..... : L htrelrr~eedeaetd aed aeknswledlpsl, yye, tamited, relaaeed, told eenrered uid QUIT CLAMED, and bf _~:." tltra pteatetade tatvtaw,-rei aaD, eanef and 0U1T CLAIM mite Ota dd port y el,4he ~tteai.Diet, . ' ~ - . ~ ~ Met .. . hafaa, aneeestan end ri a. fotawr,atl tW r•~ OW, leteeeat,.. dale and •deeaautd whleh tha dd .• .- ~paeilea: e! tM f!rn part ha oe sad to tht felle.int dtserfbed let et• panai et land dtvsta, 1rt,t~ aed tdat lQ eha ~ Camttl'et Pltkln and Stan et Colon~de, to dt: tl£_ST .SOPRSS - ' :RANCR:.~:PARCE[.-NO.--b __. _. ~ - ., . .. - ~ -..'- ~. CO i:CTIVEDF.ED - ~ ._ ,_:..._ . ~• 'A p6reel~df land situated in the G11 of Sectlnn 22, TAS,R87U <.f the beh P.H. more "" perticvlarly described as follova:.Rinning at the NW corner of said Seet ton 22, ~`= .'. -tEheu175065feet, thence0S1o00eL6"ty.tt2 T~16 fectt thenceiN88n57.ObeaecS8A~54'L2" tt. 1317.11 ' •- • ~ ~ feet, thence NO' 59',02" E. 1284:'68 feet C t1ie Tnte Point of Rei;inn{n~~. . Note: all bearings are Colorado Coordlnnte System, Central 7.nne. ' ~~ ~Conta iaing 38.840 Aeres-. ~ ~ .. ,'.. EECEPTIOtiS: Reserving therefrom all roads, cements and~reservn[innsexisting ._: or 'of: reeard; and fvrche'rrnn rn reserving ablan {SO' x`t doc5sement'far a road . •:`~ ~tabe constructed aeross~.subJeet property;and rthermore-•rcscrvLng p 15' vide -. -veility easetnent^Snalde -n1B boundaries. 'fie foregoing corrects a deed recorded Octnher'Z5, 976 in, OOOk ?42 nt Pnpt• 737. ' ..._ .,r~.~ '. .. .._ .•.. - ~fi . Ta: h.a. CH Ann, tp d m cdt T ~• Col. Dl .1 (S; ~ ~ r Ia ~ thr I •D Par T ~' HA? S A m ~ rn• fit th 'D ra .D f e ~ T- i.. Nn ... i r.~ ~ F.:: .,, n_ ~ tr ~ ~i[ ~ TIC - o• -_ . '. •~ ~ '•Rtl DSIVE AND TD HOLD tha lama, teaether wfth all tad •iotalae- tha • ~ . DDarteeane sad prtrliary tharaanm ~.• M .,.. .. bdan[Inr ar b anrwlaa ehaeaate apWreLdoL and.aD the estate. tirht, :Stlq latereal`iind wtiataea.a of t(n ,. ~ tab part Ses of Ota !Ilse DaiR, dt5ar m law or crRitl, to tba sat? PADm' ute, boost!! behoot d the eald a'' . ~ DartF d the seemtd put, her htla and snd~aa fsreev: •. ..~,_: .. .IN. NI1NF38 WBSRE0F, The sold part'Ses a[.ttiefhat pant its ve heteaato aetltt•t ~hapd•a '' ~ r. . . ud ats! s ~ tlia dal end rear llrs~t abere wettfee. .. .. v ' 9liasd. Soiled and Dall...~"fi, ~lb. Pr.,a~e. ar r n .t. • •" ~ [sE.tL7 • 7 . _ - ~_' ~ - - - ~ ~~ L' Tcri itmi w.~r r. ~ ' ,. ( - ~_ ~ . . .l. nn ,M`'fa•*Ttamix,I:, a ,•una• nY }.ri~~C~s _ .. . ~. ~.. .. STATE OF COLOIUDO, .. to ' • r~ . a ' :. 2Li tseaaelnt 1m4na,snt was ~elmea.ladaad hsfan ax thle f s7 d. ' ,. ~ ~ f.: - •~.•- 1f ~ ,hr• Ntehnl an ( Terl lnml w, IlnrrY 1.. Trrl lnmf. and'Annn Nov rlinmfs nkn .. - _ .. .. Anna y r ffl tlin:.... .:.. _, • ..,. It1 sammlwien sapltes ~ . If . Witness mr hud and a![fdtl neat. ~ .. . ' : _ •• Nr t:ammfisi:a Es9ites )ai) 11, f977 _ ..,~ .. ..• - '_ ~. ;;: ROAD MAINTENANCE AGREEMENT FOR STONE ROAD ASSOCIATION ..... ~..... _ u , ... ., .__ _,_ This Road Maintenance Agreement is made this ~, day of 1995 by and ti between Pitkin County, Colorado, a Colorado Home Rule County (the ' u ") and the Stone Road Association (the. Association), a Colorado non-profit corporation. .. m a) In accordance with resolutions entered into by the County in connection with ~_ .~... the approval of construction of residences on.various properties within the West Sopris Ranch area, various property owners have .entered .into a declazation of protective covenants for. and formed the Stone Road Association. Recitals: i b) Various County resolutions have required that Stone Road. meet County _ standards as specified by the County Engineer from time to time. Association. c) The County wants to assure that the road will be properly maintained by the Therefore, in consideration of the premises and covenants herein contained, the parties agree as follows: 1) The Association agrees to improve and maintain the road, as set forth in its Declazation of Protective. Covenants, as'recorded at Book 790, Page 7~, Records of Pitkin County. 2) Should the County, based on information received from the County Engineer, find that the Association has failed So .properly improve or maintain the roads, then the County shall give the Association written notice thereof, together with the right for the period of sixty days to cure such default, which time period may be extended where weather, seasonal conditions or similaz circumstances would. prevent a cure of such default within the time. provided. Should the Association fail or refuse to cure the _default within the time provided, the County shall be entitled to obtain compliance by injunctive, mandatory, or other relief and the recovery of such monetary damages as may be appropriate. In regard to this Agreement; the liability of the owners of the individual parcels within the Association shall_be limited to compliance with the provisions of the Protective Covenants relative to road maintenance, and payment of assessments relating thereto. The County reserves all other rights and remedies it, _ has against the Association and the individual members and properties to assure the access road is properly maintaijted.r .~ 3) The Association agrees not to modify or amend any provisions of the Declaration of Pmtectiye _Covenants relating to road maintenance without lust obtaining the written consent of the County. ~A i J b+ ~a i v m n~ cn F D 'L~ 0 -n ~. .~ 4) All notices relative to this agreement shall. be in writing and shall be hand delivered or sent. by certified mail, return receipt requested, postage prepaid to' the addresses of the parties herein set forth. All notices given by certified mail shall be deemed received two business. days following the date of certification either parry by notice so given may change the address to which future notices shall be sent. ' 38481E P-791 P-978 ~'~9/95 11:41A FG 10 OF i`~ Notice to County: Pitkin County Board of County Cotmissioners 506 E. Main Street Aspeh, Colorado 81611. With copies to: Pitkin County Attorney 530 East Main Street Aspen, Colorado 81611 f- Notice to: Stone. Road Association 5) The County agrees, to the extent permitted by law, to require any other property owners who use Stone Road who are not yet members of the Association to join the _ Association as a condition of any land use approvals or permits requested from the County, and to pay a pro rata share of the initialimprovements. 6) The interpretation, enforcement. or any other matters relating to this agreement shall be construed and determined in accordance with the laws of the state of Colorado, 7) The Association, for itself and its successors and assigns, hereby declares that all of the lands which are the subject matter of this agreement shall be held and used subject to the provisions of this agreement and that the provisions thereof shall run with the land and be binding upon all persons who. hereafter become the owner of any interest in said lands. Each provision contained in this. agreement shall be deemed incorporated in each deed or other instrument by which any right, title mr interest in any lands which are the subject matter of this agreement is granted, devised or conveyed, whether or not set forth or referred to in such deed or other instrument. In the event of .any litigation arising out of the interpretation or enforcement of this agreement, the prevailing party shall also be .entitled to recover its reasonable attorneys fees and costs incurted._ _ In witness whereof, the parties have executed his agreement this ~ day of ~~ 1995. _ Pitkin Cou~n/tyf Board of County Commissioners By: TViichael C. Ireland, Chairman STATE OF COLORADO ss. COUNTY OF PITKIN ) The foregoing was acknowledged before me this day o , 1995, by Michael C. Ireland. Witness my hand and official seal. n e~ My commission expires: .,:- - -. Stone .Road Association , ~~~..~`~""""'•••,, 4, ~ ~' ~ C„ ~$r~E'~,F~~,; STATE OF COLORADO ) ss. COUNTY OF PITHIN ) ore i g as acknowledged before me this ~ day of 1995, by Witness my aatd My commission expire ~s.n J~ti~~ ~ ~~`; Q;. o ~~P rs~~~_~' ~ ~~.;~ ° ~ ~' :'~ s ~'••..- •' 4 .~ ••.,... -....ad ~ .. -... 384816 B-79Y P-979 08/t9/9~ 11:41A GG 31 OF 11 ~., ,4r 58449 B-789 P-7~,~; O8/ia/95 G9e34A PG 1 -, `°'" SILVIA DAVIS `TN,IN COUNTY CLERK ~ RECORi..cR REC DOC 0. 00 RESOLUTION, O"~* T~f/" BOA12D OF COtJ2~fTY COMMISSIONERS OF PITRIN COtSbYTY COLORADO; DENYING`T$E RESTIVO%STRAWBRIDGE 1441 HA21(RD REVIEW & GENERAL"SUBMISSION % ~, t_ ,; Resolution No. 95- RECITALS 1. Chuck Restivo and Leslie Strawbridge, hereinafter "Applicants", have applied to the Board of County Commissioners of Pitkin County, Colorado, hereinafter "Board", for approval of the construction of a single family residence, pursuant to the Pitkin County Land Use Code. 2. The Applicant's lot is zoned RS-30 and is approximately 38 acres in size. 3. Said lot is described as Parcel 6 of the West Sopris Creek Subdivision (formerly Terliamis Tracts), more specifically described in Exhibit A, attached. 4. The Pitkin County Planning and Zoning Commission reviewed this application.. on February 7, 1995 and has forwarded a recommendation of denial to the Board, based on severe wildfire .~. •. hazard on the subject property. 5. The Board heard this application at a regularly scheduled meeting on June 14, 1995, at which time evidence and testimony was presented with respect to~this application. 6. The Board determined that the proposed development does not meet the criteria established in Section 3-80'7 (A)(1&2) of the Land Use Code. _... ., ,., ,:... ., n .:. .. .. .... ...... . .:.r ~ ..:..,„ i 384549 B-789 F'-718 0~D/95 O9:34A RG S '_ i Resolution No. 95 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that. it does hereby deny the Restivo/Strawbridge 1041 Hazard Review and General Submission. APPROVED AND ADOPTED ON THE 14TH DAY OF JIINE, 1995 BOARD OF COIINTY COMM23SIONERS OF PITRIN COUNTY, COLORADO i BY. to Jones Clerk an Recorder APPROVED AS TO FORM: ~~ John Ely, County rney Chairman APPROVED AS TO CONTENT: Suza a Ronc an, Comm ity Development Director .,, ' ~~ regc~w_ioai_denial LIJL fit' S.~L_ditl lli-1J.'.'S ~='Ci d CO~I~ITY l.l_~ftr, n ~'EC~- c~C't DECLARATION OF_•PROTECTIVE COVENANTS FOR _~ , .. ~. ~ .. ..,_ ,..,... THE STONE ROAD ASSOCIATION. THIS DECLARATION OF PROTECTIVE COVENANTS FOR THE STONE ROAD ASSOCIATION is made and entered into August 15 1995. ARTICLE 1 Purpose of Covenants These covenants shall be applicable to that certain real property situated in Pitkin County, Colorado commonly known as Lots 1 through 15, West Sopris Ranch Subdivision, each lot being more particularly described in deed of_ conveyance to each of the respective signers hereof. It is thepurpose of these Covenants that the existing access road be improved and maintained as permitted by this document. These Covenants shall be a burden upon andrun ~...;..W , M_._. with all of the Member owned lands within the West Sopris Ranch Subdivision. ARTICLE 2 Owners-Road Association 1. MEMBERSHIP: Allpersons or other entities who now own title in fee to any of the lots in the West Sopris Ranch Subdivision as,of the date of these Protective Covenants are permitted to become members of_the Stone Road Association, a Colorado non-profit corporation (hereinafter "Association"). Membership in the Association shall be a burden upon and run with the land of every Association Member and membership in the Association shall be mandatory for all persons or other entities who acquire title in fee to any of the lots in the West Sopris Ranch Subdivision for which the previous owner, was. a member of the Association. There shall be one {1) vote perlot in the Association. The Board of Managers of the Association shah consist or ai or the members or the Association. The Member-Managers shall be entitled to change the composition of the Board of Managers by a vote of seventy-five percent. (75%) of the Member-Managers. Additional powers and restrictions of the Board of Managers are set forth in the Bylaws of the Stone Road Association. 2. PURPOSE: The Association shall be authorized and empowered to take each and every step necessary or convehient to theP implementation and enforcement of these covenants: The Association shall have the right and responsibility to maintain, preserve, repair, irisure,'an~ltto`tFeriiviseprotect and promote the interests of the Members and the Association.. The Association shall maintain, repair and keep the existing access~road and~easerrent"s in ~_ ~~ good, safe and usable condition to the extent that such, may be reasonably necessary and desirable. The Association shall be'authorzed to enter into agreements with third parties for the maintenance, repair arid upkeep of roads 3t_;fi,~li~ L-7911 I'='-7~4~3i~G~9[= i~19.4?iaT't~ ~_ iJF ` and accesses. All costs and expenses associated with preserving, maintaining, repairing, protecting, insuring and "otherwise dealing with roads, easements, and Association property and interests shall be borne by the Members and shall be assessed, all as more fully provided herein. 3. ROAD CONSTRUCTION & MAINTENANCE STANDARDS: The following specifications shall be used in the`construcfion of the roads.. of the subdivision. The following documents are incorporated herein by reference: .~. .• • r.. _ 1 __J fY_!J~.~ or h ("CDOT") Specifications, and Pitkin County Road Management and Maintenance Plan (1995), or latest edition ("Pitkin County Standards"). The access road through Lot 7 shall be constructed in accordance with Pitkin _ County Standards for CLASS V COUNTRY ACCESS ROADS. Materials shall be 4" of Class 6 Aggregate Base Course as per Section 304"of CDOT specifications. All other material supplied, design standards, and construction methods shall be Asper current Pitkin County Specifications. The roads above Lot 7, serving fewer than eight homes, may be classified, constructed, and maintained as driveways. Improving the roads above Lot 7 at the driveway standards shall be permitted. The maintenance standards for the roads shall. be those set forth iri Exhibit "A" attached hereto and incorporated herein by ' reference. ARTICLE 3 Collection of _Assessments-Enforcement All Members of the Association, agree that Pitkin. County will have the ability to q otective Covenants relating to road re uire the Association to enforce these Pr improvements and maintenance pursuant to a separate road maintenance agreement between the Association and Pitkin County. 1. Each Member shall be obligated to pay any assessments lawfully imposed by the Board of Managers of the Association. To the extent. the Association is responsible therefor, assessments may be lawfully imposed for any items of common expense which may include, among other things: expenses and costs of maintaining, improving, repairing, and plowing of the existing access road; insurance, accounting and legal functions of the Association. The Board of Managers may establish contingency and reserve funds for the maintenance and improvement of the existing access road and any other anticipated costs and expenses of the Association to be rncurred in the pursuit of its purpose. Contingency and reserve funds shall be h such' ' amount as the Board of Managers may deem necessary and appropriate for the such purposes. Each Member shall be required to pay his/her pro rata portion of these funds. The Board of Managers shall have the. right during any calendar year to levy and assess against each of the Members a special assessment for such purpose or purposes, in accordance with these Covenants as may be necessary. Such special assessment shall be paidin equal portions by the Members obligated to pay such assessment and shall be due as determined by ,.~: .. .... .. , ,~ ~ , ,~ .,~ _;..,. a .... ....r _~ .~~ .5;-;; ~+c~jS ti 3.-r9i0 F'-?'c5 /:LSi 9.=, Z~9:4~JA F'C 3 (7 f-' the Board of Managers against such. lot superior (prior) to all other ens and encumbrances, excepting only: a) Tax and special assessment liens on the lots in favor of any governmental assessing unit; and b) All sums unpaid on a first or second mortgage or deed of trust of record, including any unpaid obligatory sums as may be provided by encumbrance. If any assessment shall remain unpaid after thirty (30) days after the due date thereof, such unpaid sums shall bear interest from and after the due.. date thereof at a maximum rate of interest permLtted liy law, or at such a rate as is determined by the Board of Managers, and the Board of Managers may impose a late charge on such defaulting Member as may be established by theBoard. In addition, the Board of Managers shall be entitled to collect reasonable attorneys' fees incurred in connection with any demands for payment and/or collection of delinquent assessments. To evidence such lien, the Board of Managers shalt prepare a written. notice setting forth the amouht of such unpaid indebtedness, the name of the owner of the lot and its legal description. Such notice shall be signed by one (1) of the Board of Managers andshall be recorded in the office of the Clerk and Recorder of the County of Pitkin, Colorado. Such lien maybe enforced by foreclosure of the defaulting Member's lot by the Association in like manner as a mortgage on real property, upon the recording of a notice of claim thereof. In any such foreclosure, the Member shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing the notice or claim of lien and all reasonable attorneys' fees. The Member shall also be required to pay the Association ahy additional assessments against the lot during the period of foreclosure, and the Association shall be entitled to the appointment of a receiver to collect the same. The Board of Managers, for the Association, shall have the power to bid on the lot at foreclosure sate and acquire and hold, lease, mortgage and convey same. The Association, at its election, and in addition to any other remedies it may have at law or in equity, may also sue a Member personally to collect any monies owed the Association. c) Each Member hereby agrees that the. assessments as herein above described shall be s~ Exemptionprovided by C. R. S. s38-41-201, et. see agrees that the acceptance of the deed or other ins regard to any lot within the West Sopris Ranch Sut grantee's waiver of the homestead .right granted in Statutes. a lot for Lerior to the Homestead and each Member hereby ument'of convev3nce in d) Any recorded lien for non-payment of the common. expenses may be released by recording a release of Tien executed by a member of the Board of Managers. ,i4 .:,+„'3 L~--7.,~ki.. p:-7.ud""°xi!;/15;'?,`.i +rl~a~ti~9(a ,-r 4 C)r=~s"'°°~ -., ,'. ~ 'J 3. ENFORCEMENT ACTIONS: The Association, acting by and through its Board of Managers, shall have the right Eo prosecute any action to enforce the provisions of all of these Covenants by injunctive relief, on behalf of itself and all or part of the Member/Owners of the lands within the West Sopris Ranch Subdivision. In addition, each Member/Owner of land withiri the, West Sopris Ranch Subdivision, including the Association, shall have the right to prosecute any action for injunctive relief and for damages by reason of any violation of these Covenants. The prevailing party in any enforcement action shall be entitled town award of its reasonable costs ,and attorneys' fees. The Board of Managers shall be entitledto assess penalties for late payment of assessments due the Association and to collect interest thereon at rates to be determined from time to time by the Board of Mangers. ARTICLE 4 Insurance The Board of Managers, at its discretion, may elect to secure coverage against such risks as the Board deems appropriate: ARTICLE 5 General Provisions 1. COVENANTS TO RUN: All of the Covenants contained in this instrument shall be a burden on the title to all of the lands in the Weat Sopris Ranch Subdivision owned. by Association Members, and the benefits thereof shall inure to the West Soprfs Ranch Subdivision lands owred by Association Members. 2. TERMINATION OF COVENANTS: In the event these Covenants have not been sooner lawfully terminated pursuant to any applicable laws of the State of Colorado and Pitkin County, Colorado, and the provisions herein contained, these Covenants may be terminated on January 1, 2025 by a vote of seventy-five percent (75%) of fhe votes entitled to be cast by the Members of the Association. If these Covenants are, not so terminated, then they shall continue to be in full force and effect for successive twenty-five (25) year periods unless, at the close of a twenty-five (25) year period, the Covenants are terminated by a vote of seventy-five percent (75%) of the votes entitled to be cast bythe members of the Association at a meeting of the members duly held. In the event of any such termination by the Members, a properly certified copy of the resolution of termination shall be placed on record in Pitkin County, Colorado, not more than six (6) months after the meeting at which such. vote is cast. 3. AMENDMENT OF COVENANTS:. Pursuant to a separate Road Maintenance Agreement for the Stone Road Association between the Association and the County, the Association agrees not to modify or amend any provisions of the Declaration of Protective Covenants relating to road maintenance without first obtaining the written consent of the County. The Covenants not pertaining to that separate agreement between the Association and Pitkin County, may be amended by a vote of seventy-five percent (75%) of ~58•:F.'.3ta H-794 ~_~-:,_:' ~l~/a i Q'~:<r9i1 F'G ~ OF 1,_ the votes entitled to be cast by the Members of the Association, said vote to be cast a meeting of the members duly held, provided a properly certified copy of the resolution of amendment be placed on record in Pitkin County, Colorado not more than six (6) months after said meeting. 4. SEVERABILITY: Should any part or parts of these Covenants be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining covenants. 5. PARAGRAPH HEADINGS: The paragraph headings in this instrument are for convenience only and shall nofbe construed. to be part. of the Covenahts contained herein. 6. LIMITED LIABILITY: The Association and the Board of Managers shall not be liable to any part or action or for any failure to act with respect to any matter if the action taken or failure to act was in good faith without malice. The Members severally agree to indemnifythe Association and the Board of Managers against loss resulting from such action or failure to act if the Association and the Board of Managers acted or failed to actin good faith without malice. IN WITNESS WHEREOF, this Declaration of Protective Covenants for The Stone Road Association has been executed: as of the day and year first above written. _ _. DECLARANT: The Stone Road Association SIGNATURE PAGES OF ASSOCIATION MEMBER-MANAGERS ARE, ATTACHED HERETO IN COUNTERPARTS, ALL OF WHICH TOGETHER CONSTITUTE A SINGLE INSTRUMENT. ___ _.ny.?1~.9 _E++-~r'9V.~ ~'-7c'3 • SJ~~J ~d ~a a49i1 F'C 6 01= ~ ' THE STONE .ROAD ASSOCIATION ROAD MAINTENANC~~ STAN`~ARD~ a.) SNOWPLOWING AND SNOW REMOVAL: The Contractor shall be responsible for keeping the roads open and' passable through the winter' "' months. A prompt and efficient response to all storms greater than 3 inches in depth is required. During large or extended periods of snow service shall be provided at appropriate intervals to ensure that the use of the, road is available. The Contractor shall maintain snowbanks and wand rows to prevenf any adverse accumulation which would restrict the use of`fhe road or hinder the efficient removal of snow. b.) SURFACE GRADING AND GRAVELING The Contractor shall at ., ..wr _ .._ ,..r,; .r,. regular intervals, grade the surface of the road to develop and maintain a standard cross section and keep the surface smoofti `arid uniform. In addition the Contractor shall furnish"and install sufficient road base material (CDOH Class 6) to maintain a well drained and durable surface. Compliance with this task will involve a minimum of two days machine time with a motor grader and the placement of a minimum of 100 tons of road base as needed or as directed by the County. c.) DITCH CLEANING: The Contractor shall mechanically grade and clean the drainage ditch to remove dirt and debris and maintain the free flow of storm water. d.) SIGN INSTALLATION. AND MAINTENANCE: The contractor shall install and maihtain appropriate signs to comply with the regi]irements of Pitkin County and the Manual of Uniform Traffic Control Devices. Compliance with this requirement involves the installation of a minimum of four signs together with their repair or replacement if they are damaged or lost. ..... ........... ~ ctor culverbts w th p Rhe lsNbdTviso S TlOhis works hala nc ude cleaning the culverts should they become plugged and the replacement with new culverts of appropriate size should one become damaged. f.) SIGHT DISTANCES: The Contractor shall be responsible for cutting and trimming such weeds and foliage and for removing 'any obstructions as is necessary for maintaining safe and propersight distances around curves and. at intersections: EXHIBIT "A" w __ SIGNA'1'URL PACiL'I O DLC'LARA'I'ION OF PR01'ECTIVE COVENANTS OF S`I'ONe ROAD ASSOCIATION Leslie Strawbridge S1'A'fE OF COL012All0 ) - ~ flcin ss. COUNTY OF ) t i i f e ment was ackn~wledgedbefore me ~'~~ ~~ , 1995, by ns r ng or go The u Leslie Strawbridge. ~~„ S my official baud aqJ seal., .;' 014 ~~ ~~S, ' , , ~a;• ~ a ~ •"' ~ ~~'~ ' • •( •LO ar Notary Public zl Address: 519 l~cr~ ~ :. ~ ., , o, '1,~,y, r y~'a,~ / Niy commission expires: °2 ~ ~~ ~' ~ __ ~.~. ,.,, .. ~_~, ~,~ ,.. .a. ,~~ A,:.~>a,.. ...,. ,. • SIGNATURE YALE TO DECI,AtlA'I'IOIV OF ~1tOTECTIVE COVENANTS ,.,~ . r, ,.a .~ ..., ~~ ~ , ' OF STONE ROAD ASSOCIATIOl~t" Lauren Graves SPATE OF COLORADO . ss, COUNTY OFII~ The foregoing inshvmem was acknowledged before me G C~ ~ , 1995, by Lauren Graves. ,~~~ MHO WITNESS my official head and seal. _ n ~ .~~' ••.. C„ ~ Address: /_G~ /~~ My commission expires: u8%+=,E~+s B-7>~Z~ P-7aQ~ ¢~8/1'.~i95 kl~:{+9G 1='~ 8 ~F 1~ AR}~ --~- ;. 'r ~G , ~r ~~ n ~ SIGNATURE PAGE TObECLARATION OF PROTECTIVE COVENANTS OF STONE ROAD ASSOCIATION ~. .Nicholas L. Tediamis STATE OF COLORADO ss. COUNTY OF ) ' The foregoing instrument was acknowledged before me , 1995, by Nicholas L. Terliamis. WITNESS my oilicial hand and seal. Notary Public Address: My commission expires: 3A43~t3 P~-i~i?i ~-~_7?.i t~SA/:IS/95 ~9e45A Fir 9 OF 1~h _.._____ ~""~' SIGNATURE PAGE TO llECLARA'f1ON OF PROTECTIVE COVENANTS ~. OP STUNS ROAD ASSOCIATION A~May Terhamis , al crown asy~ ~% Anna May Griffiths S"f ATE OF COLORADO ) ss. , COUNTY OF ) The foregoing instrument was acknowledged before me , 1995, by Anna May Terliamis, also known as Anna May Griffiths. WITNESS my official hand and seal Notary Public Address: My commission expires: .::5p^+,~c4u N~-790 P-7 c 03i 15i 95 k19:49r 1='G i0 OF i,kry..... ' ~"" , TO: BOCC FROM: Leslie Strawbridge RE: Additional Information for BOCC Consideration In an effort to give you with more complete information than I was able to ad lib at the takings hearing, I hoped the following might be helpful while discussing the approval or taking of Lot 6, West Sopns Creek Subdivision....... From the beginning: In March of 1994 we began the process of trying to relocate to Pitkin County from Garfield County. We were concerned about the lack of growth regulation that existed in Garfield County and felt that Pitkin County had adopted a plan that we identified with. We located what we thought was the perfect property for us in March and immediately listed our residence in Garfield County for sale. Our home was sold on December 14, 1994. The "new" property we planned to move to, as you are aware; is located in a )egal subdivision created in 1974 known as the West Sopris Ranch. There were 3 residences completed when we decided to enter into contract on this property. This property has been zoned RS 30 since 1974 and has paid residential property taxes to Pitkin County since that time. ((have requested the total amount of property taxes paid to Pitkin County over the last 20 years from the assessor's office and. will provide ASAP for your consideration in the takings process should my application for a single family residence be denied.) We spoke to Rick Magill in the Planning & Zoning Department soon " after we finalized our contract negotiations and finally met with him in July. 1Ne discussed what the process of obtaining approval would entail and expressed our desire to represent ourselves throughout. Rick encouraged us to do this and stated that other individuals had been successful in representing themselves. Rick outlined the hazard areas and sent us a pre-app memo on July 27, 1994. We took considerable time to meet with all referral agencies required and to provide all items requested of us. On October 7, 1994 we submitted . our 1041 application along with $1,098.00 in required fees (we have paid an additional $244 in fees). In a letter dated October 31, 1994 from the Community Development Department we were informed that our application was complete and. that we had been scheduled to meet with the P & Z for review on February 7, 1995. Prior to this review I spoke to Rick Magill a number of times to solicit advice as to how to prepare a presentation and to obtain information. as to what ~.x, ,. ,~... ~ r.. , ._.,~.,.n.~~ ,~ .~.,..~~ _ ,..x~~.~< ,~~~i i :;.w~xs 8 the procedural aspects of the hearing would be. Rick said that 1 should just tell. the Board about my protect and be prepared to answer any questions they might have. While Rick explained that his recommendation was for denial, he also indicated that the Board could make their own decision. I was hopeful that the environmental _ and ecological nature of our project would be something that would persuade the Board to override the staff opinion. (I was not told that the P & Z's directive is to uphold the Code irregardless of other consideration. We could have skipped the presentation etc. and just scheduled a denial from both the P & Z and the BOCC and saved time and effort for everyone.) Next was the scheduling of the BOCC review for which 1 was_never_ notified. 1 had to call for the date of June 14. Again I had the false hope that what f was trying to made a difference and that I might receive approval. I was granted the time o present myself and then promptly denied per the Code. Additionally, at this hearing, I was required to complywith a request of the BOCC that 1 had never previously been made aware of, that was to go back to the drawing board and try to get other owners to come up with a clustering and lot line adjustment plan to determine a better building envelope site. (While I am the applicant with authority to represent the owner, I was never sent a copy of the attached letter dated January 27,1995 and postmarked February 2, 1995 addressed to Bonnie Terliamis in Glenwood Springs.) However, 1 was willing to accommodate the BOCC's request and mef with Rick Magill and Lauren. Graves to discuss the possibilities. The outcome of the meeting was that my proposed site was in fact the best and only site on Lof 6. On June 19, when it was determined that no other site existed on Lot.. 6, I handed Rick Magill a request letter for a takings hearing. I had called the P & Z office to find out if there,was a certain format that,my letter had to conform to and was told no by Suzanne 1Nolfe. Likewise, Rick reviewed. my letter and said that it appeared to be OK: (attached is a copy signed by Rick). Accepting this would have required that my hearing be set for June 28 according to Rick. Rick expressed his inability to prepare a report in time for that hearing as he had three other reports to prepare and asked me if I would be willing to set the date, table the hearing, and then reschedule for a date certain. f said. that this since this process had unnecessarily taken a year, both the owners and I wanted to get a decision as soon as possible and that I preferred to go for it as soon as possible. Two days later I was informed that my letter wasn't in the proper format and that C would have to resubmit and that the BOCC would. have 14 days from the new submission date to schedule the takings hearing. I am grateful that my 14 days hadn't expired because I was. told that would have r-*, _ €'~ been tuff luck. I resubmitted a new letter on July 22 and. was scheduled for July 5, the last day possible to fiear my appeal. Prior to the takings hearing I picked. up the P & Z recommendation regarding the Lot 6 takings. Rick had changed his recommendation to approval with the conditions that ,I had previously agreed to concerning fire mitigation. Rick had however added anew component that had never before been discussed; that was to make me solely responsible for the improvement of the subdivision road to county standards. In spite of the fact that none of the referral., agenaes made any suggestion that Lot 6 needed to make any improvements to the road and.in spite of the fact that the Basalt Fire.. District has recently worked with and approved an emergency vehicle turnaround at the Bork residence but made no such requirement of us, we discussed the issue when. I picked up the recommendation... expressed my great concern that not only could I not reasonably or financially meet this new condition, but that I couldn't legally make improvements to property that did not belong to me. Rick said that he didn't know if this was legal but that he, "was going for all he could get" and that he was, "trying to force co-operation among the owners". He also said that he was told to put that specific condition in the recommendation. At the takings hearing, after I had agreed to all other conditions without exception, to improving the section of road that crosses my property to my site access,. as well as offering to volunteer to try to organize a Road Improvements District, Mick Ireland suggested that it was appropriate forme, solely, to bear the cost of improving the subdivision road and that he would be willing to impose a reimbursement condition on other owners seeking approvals. Mr. Ireland also suggested that I get a lawyer. Immediately following the hearing, Lauren Graves, who was present, said that she questioned whether the BOCC could legally impose such a condition and that she would have objected if I agreed to such a condition.. I spoke briefly to the Commissioners after my hearing asking if they would be willing to meet on site to discuss the newest condition of the __ road improvement. Mr. Tuite agreed and saidhe would call me to schedule but did not, nor did anyone else call 1 spoke to Mr. Ireland after the hearing as welt and asked what specifically would he was looking for with regard to the road. He'said to have Bud Eylar send him a memo along with a memo from the Fire Department. contacted Mr.'Eylar on Thursday, July`6 after the hearing and briefly outlined the situation. Mr. Eylar said that he would not be able to look at this issue until the following week as he would be out of town. On Monday, July 10, I met on site with Steve Howard and Vonda Williams. .... .. ..+a,: ,.n,-,m,. ,a Yin. .4. sh,rktat r ~x a... ,. acw+o-Y4~ 0.mAM... ro'r^:#?%:~ "~ --- ~ , ~,/~ ~(GK ~q~' ~~~-~ ~~ ~^' ~~~~~ ~~~~ ~~'~~. ~~~~ ~~';~~ .~i~ N ~S ~~' ~~ of the. Basalt Fire Rescue to discuss.whethertkey could access Lot 6 in the event of an emergency. Both stated that the road did not hinder, their ability to access Lot 6 in the event of a fire or medical, emergency. Mr. Howard stated that in the event of a severe fire it would be unlikely that he would dispatch men to our area. (See letter.) Immediately following this meeting I stopped by Bud Eylar's office to drop off information that,.) thought might be helpful to him in reviewing our access. This information included a copy of the recorded Bork easement, a copy of the subdivision map, and a copy of Mr. Eylar's original referral comments about Lot 6._ Mr. Eylar told me that he would not have time to look at this issue until the,followng day at the earliest and he asked me to call,him Tuesday afternoon. When called at 3:30pm on Tuesday, Mr. Eylar was gone for the day. I then called a number of times on Wednesday and Thursday and finally gave up at around 4:OOpm on Thursday. After my last message which stated that I had done all I could do to reach him, Mr. Eylar called back and said that he was very busy with meetings'and that he would be in Red Stone all day Friday and that he would try to go to the site on his way to or from that. meeting or that possibly he would get there on Saturday or Monday.. (requested thaf'he callme when he was going to do this so that either Nick Terliamis or I could meet him on site to discuss the road... He said that this was not possible because he didn't know when he would get there. Mr. Eytar also stated that he had spoken to the P & Z and_the BOCC about,this„issue and,that I,w~s not going to be held responsible for the entire subdivision road but only ` that portion which provided access to Lot 6. I then tried to contact Mr. Eylar at 8:OOam on Monday, July 17. Mr. Eylar was on'a call I called back at 9:20am and Mr._Eylar was on a call.. I was asked to call back _ at 10:OOam which I did. Mr. Eylar spoke to me for about a minute stating that he hadn't written the memo yet but that he thought he was going to suggest two options, one a "reasonable" alternative and the other the county standard. Mr. Eylar said that the magic number in a subdivision is 8. L presumed this to mean that the standard of the road changes when 8 or more people use it_for access. Mr Eylar said that he would leave a summary of the memo on my answering machine which he did not. In short, I have been denied the opportunity to review. or discuss Mr. Eylar's determination prior to this hearing. would like to state for therecord that the referral comment of Steve Crockett, "access is via the existing, long {1.5m), narrow, single lane, unimproved access road that has portions of 18oIo grade" is incorrect. Nick Terliamis and I personal y measured the width and grade on Saturday, July 15. The steepest section of my access lies in front of Mr. Stones property and at the steepest part is 14%. The entire access to Lot 6 is at least 20 feet in width. {see pictures) ,~. ,.._~ The very eo-operation that the P & Z and BOCK was so desirous to .p ~ .m .. "force" has now been_potentially undermined over an .issue that would have been worked out by the property owners; 1 believe that we all take our lives and our investments in our homes quite seriously and that none of us has any desire whatsoever to,a7ro~r conditions to exist that would putourselves or others at risk. Each lot that has been ~ ~ ~~ developed has made improvements to~the road~witfioiit the hammer of the county over their approvals. The subdivision road is currently in better condition than many of the BLM roads, that a far greater number of people use to access hiking trails. (Dinkle Lake access) In conclusion: We are saddened that our dream of,trying to set a higher standard of building in remote areas meant nothing to the county and does not seem destined for realization. We are., also saddened hat the 1041 process, which we thought so highly of, reallydoesn'f encourage or°' tolerate individuals who.. represent themselves. We do not understand the purpose of having to pay referral agencies for their opinions when ~ it is clear that these opinions are not legitimately considered firma D/ W1'wj no ~' -~,Q,curreht system does not provide any incentive for cooperatior~. ~ im~a.-"~ral bOd~ Although we havebeen gumea'pigs under the new code and -~li~5 ~ wh,'ll- therefore subject to the inevitable inefficiencies of a new system, we ~'-jn/ ~~~~'~ have in every instance been co=operative and willing to play the Can ~/~'`~~ game. We have shared the valid concerns regarding fire and have ~ ~5 9 been told at the~beginning of the pro ess that didn'ode. We wish we__ GrG~~S~ matter what we ~~~ said or did, we were going to be denied until the takings process. started and that at that time we would„be subject to new Cequirements not previously discussed, we would have saved ourselves a lot of stress, time and money and the county could have been spared needless hearings by scheduling denials. We regret that the P & Z and the BOCC does not choose to use this opportunity create a`` win/win example for future participants in this. process, and instead has taken every opportunity to launch an offensive attack on us by imposing condition after condition, thus creating close/lose situation, We believe that in order for any system to work at tS highest efficiency rate, co-operation and good faith dealings are necessary. We have a difficult time looking back at our experience and finding these components. Wehope that a time wip come when you will meet again to review your policies and fine tune the machine that you have set in motion. The BOCC's attempt to withhold 1041 approval by imposing an impossible and unreasonable condition constitutes a denial of all .. _.. ,..,C~. .kr .. ~ .. ,c.. ~. ,.- ~ a w%„:., ,,,~. .-,!..ti,r..~,r,.d^-..+a6u k+w...ia~.ac~rzk§"i"m ~, . ,. reasonable use and economic return of the property and therefore a takings is occurring. While l have nofyet closed on this property, I have sold my house and have incurred moving and rental expenses. The loss of other property opportunities will take some time to determine. The owners have paid 20 years of residential taxes`on property that has been zoned RS 30 and legally subdivided. I have only the past 5 yearn on hand and I am in the process of collecting the data from 1974.. Rick Magill stated at our last session that the assessors information was out of date bya year. According to Tom Issacs, the recent sales. that I provided you with should be in his records as of the end of June, and he will be happy to update the assessment...... We are requesting thafthe BOCC give us a determination today so that we may all get orr with .our lives. __ . nM.„«., ; Gam,, .. »w~,uin,.,aa.« ~awz,. ~.««i"> ,„s.:a~wraR aw.v, ea.,u.,..u<a~}~ _ ~~ ;,~ _.~ MEMORANDUM Date: August 16, 1996 r, To: Cindy Houben((''~Community Development Director From: Lance Clazk~l3eputy Director Subject: Modifications to Resolution 95-146 (Leslie Strawbridge) The Land Use Code provisions for structural design and construction options in severe wildfire azeas require that in the case. of projections below the roof line (balconies, decks, porches, bay windows, etc.) the open space between the grade and the underside of the projections shall be enclosed by solid vertical walls. The Laughing Elk development (Leslie Strawbridge, single-family home) is proposing an alternative construction scenazio for these types of projections. This alternative would involve totally noncombustible materials (metal) and a vegetative barrier under the projections to ensure there would be no potential for fuel materials to accumulate under the projections. This barrier would involve some sort of fabric_vegetation barrier covered with rock or gravel. Steven Kanipe has said. that colleagues in the building inspection and approval area have indicated to him that the proposed alternative is acceptable, and that future codes may be written to include this alternative. I discussed the alternative and the specific development location with Vince Urbina of the Colorado State Forest Service, and he indicated that the proposed alternative was acceptable to him. I recommend that you administratively approve the modification of BOCC Resolution No. 95-146 to allow the proposed construction alternative. This would mean that paragraphs 6. n.2. and 6. n.6. would be expanded with a sentence as follows: " An alternative construction. method for such protections would be use of totally Non- combustible building materials with azeas below such projections totally void of vegetative or other combustible materials. These areas shall be protected from accumulation of vegetative materials by placement of a vegetative barrier covered with . rocks or gravel or by coverage with concrete or stone." This is probably language which should be incorporated into the Land Use Code Approved, August 16, i 996 N-.J Cindy Houben . ,_e ... ,.., .~.a, .~~, _~ ~ z.~ ~ ~.x~.t~..~:~ i MESSAGE DISPLAY TO Rick Magill CC Bud CC PCSKB From: Bud Eylar Postmark: Nov 30;94 11:25 AM Subject: Restivo 1041 Hazard and Gen Sub Message: Rick, I--have reviewed the application and have the following comments: i) An access permit shall be required. The drive shall meet all county standards.... 2) A drainage and erosion control plan shall be submitted which at a minimum shall address construction erosion mitigation. 3) The recommendations of Dr. Lamperis should be met. 4) The applicant shall agree'to join a road improvement%mantenance district should on be formed. Bud ----------=====X=====___------- FtlJG 14 '95 09~45RM PITKIM PLIBWORKS P.1 Pitkin County lic Works. -~:el 76 Service Center Road Aspen, Colorado 81&11 (303) 920-53911 MEMORANdUlS fax: (303) 920-5374 To: Leslie. Strawbrid/g~e ~`RO4f: Hud Eylar/,iIJ.Q'}a £YATE: August 11, 1999"' sisss: Rcad specifications The fallowing specifications sha31 be usgd : the reads in the ~ubdivisian. The followir. ,._... incorporated by reference: `State ~gsrtiment Stiecificationa far Road and>sridha Const+~?c edition of CDOT BpCCific~titions, wind Pitkin t and Maintenanc+s plan--1995, ar latest ed ~ docuiuants are to be of ~iahwavs.'Standard ~--1991, ar latest ountX Rand naan~aent ition (Pitkin County Roads shall tae constructed in aCCdrdana® W1th Pitkin County Standards for ~L~SS V. CD~INTRY AC~'E$~ ROAQS. iR8£erial :shall be 41° of Class 6 Aggregate SASe COUree af'°par SBCtion 304 of CM1T specifications. All other material supplied, design standards, and construction methofls shall ba as per tfte Pitkin County specifications, Final quantities, unite~4f payment, and alignment till ba developed far a road improvement laid package upon oampletion and implementation of road district, or tormatiop of an assaaiatian. xc: suzanne Konchsn Rick Magill ..M PMNf£~CN d.`~:'~ R[GYC4i0 YAP[R PDat-I['° Ksx Nute 7571 ~~ W"a°gps~ T Ftam Co./6#pt. ~~. Phone# phana# Fax # Fax # ag. ., ....._; ~.a ..ki zva .~~Po .. .i. ~,.<:r?.i rfEy+& v . - , ,~'y!~„~ jFYJG 0'9 ,' 95 ~YL _.~Ll,Z* 09~32AM PITKIN P.1 Pmt-Pt'!"ex Nate 7871 m8 , aayea` ., coJOePt~'f 1.... : ,,, Ca. ~J "x.40 Pndld& PhenaR ~>O!^cJ/~+1~ Fax# s~7+«Jd .. L~~ FaxM 4 a. Snowplowing and snow removal. The Contractor shall be responxible for 'keeping the roads open and passable through '.ha winter mont,27s. A prompt and efficient response to all storms greater their 3 inches in depth is require». During large or extended p,ariads of snow service sha11 3~e provided at appropriate intervals to ensure that the use of tie rcad is available. The Contractor shall maintain the snos:banks and vrinci rows to prravent any adverse accumulation which would restrict the use a$ the road or hinder the efficient removal of spew. b, Surface grading and graveling T,te Contractcr sha11 at regular intervals, grade the surface of the road to develop and maintain a standard cross section and keep cne surface smootri and uniform. TTi addition the Contractor shall furnish and install sufficient road base ataterial (CDOH Class-4) to mainti~in a well drained and durable surface. Compliance wit2x this task wi11 involve a minimum of two days machine time with. a motor grader and the placement of a minimum of 100 tans of road base as needed ar as directed by the County. c. Ditch cleaning The Contractor shah mechanically grade-and clean the drainage ditch to remove dirt and debris and maintain the free flow of stor-: water.. d. Sign installation axed maintenance The Contractor shall install and maintains appropriate signs to comply with the requirements at Pitlcita County and the Manual of Uniform Traffic Control Devices. Compliance with this requireixent involves the installation of a minimum of four signs together with their repair ox replacement if they are damaged ar lost. a, Culvert installation and maintenance The Contractor shall be responsible foY the instaila'Dian and maintenance of the .drainage culverts within the subclvi- sion. This work sha11 nclud® cleaning the cu~,vez'ts should they become plugged and trie replacement witri new .culverts of appropriate sloe should one became damaged. f. Sight distances The Contractor shall be responsible for cutting and trimming such weeds and foliage and Moir remO'~ing any Obstructions as is necessary. for maintaining safe and Prager sight distances around aux•ves and at intersections, £1:HIBIT "C" ~'S t"~ 0252 County Road 167, Glenwood Springs, Colorado 81601 Telephone: (303) 945-7391 Yours sincerely, 4 August 1994 To Whom It May Concern, Please be advised that Leslie C. Strawbridge, and Charles W. Restivo are authorized to act as Owners Agents for the purpose of obtaining 1041 Approval in Pitkin County for West Sopris Ranch Parcel Number 6. If you have any questions, please call us at the above telephone number. 73onni_e Virginia 'IYe~rliamis Date ~`'~~~a-''rr' ~ ~~C~~~-~'-~`' ~s ~1 /95'x/ Nicholas L. Terliamis t~ ~": MESSAGE DISPLAY TO Suzanne Konchan CC Bud CC Rick Magill From: Bud Eylar Postmark: Aug 02,95 5:09 PM Subject: Reply to a reply: Restivo/Terliamis Reply text: From Bud Eylar: Suzanne, I received a copy of the letter this afternoon. There are a couple of problems with the statement about the investment in the roads and standards at the time. If anything the "Standards"`at the time of formation and the time that the first owners... built were if anything, more stringent than theyn are now. The original Yoadswere NOT built to County standards nor were any significant upgrades made to Standards made to standards. Bud Preceding message: From Suzanne Konchan: not me From Bud Eylar: I spoke w Leslie Strawbridge yesterday and she gave me the impression that the Association/District may be falling apart. Does anybody know what is going on? She said Bork had. sent a letter to the county taking a position .that he shouldnt be responsible for the cost of these improvements. Has anyone seen this letter and is thsi what it says. Bud ----------=====X=====___------- _ ..,,a.,... ~,w .:. , .._„t MEMORANDUM TO: Pitkin County Board of County Commissioner Worksession-..July 31, 1995 THRU: Suzanne Konchan, Community Development Dir FROM: Rick Magill, Planner RE: Restivo/Strawbridge Takings Determination APPLICANTS: Chuck Restivo and Leslie Strawbridge LOCATION: Lot 6 of the West Sopris Creek Ranch Subdivision ~r BACKGROUND: The Applicant requested a Takings Determination Hearing" pursuant to Section 3-28 of the Pitkin County Land Use Code. This request has been made as a result of the Board's June 14th denial of the Restivo/Strawbridge application for 1041 Environmental Hazard Review and General Submission. The Board opened the. Takings Determination Hearing on July 5, 1995. The Applicant requested a continuance of__the hearing to allow the Applicant to participate in further discussion with the ,Board. At a Special Meeting of the BOCC on July 18, the Applicant agreed to research the options with respect to forming a road improvements district for the purpose of improving the existing subdivision roads and driveways to a higher standard. The Board set the next meeting for the decision-making process for July 31, 1995. Pursuant to Section 4-15 of the Land Use Code, the Board .has 15 days after the Takings Determination Hearing to render it's decision (by August 2, 1995).- Staff has included a copy of the original staff report regarding this application and the July 5 memo for the Takings Hearing. PROGRESS SUMMARY: The County Engineer and the Applicant met on- site on July 24, 1995 to discuss road improvement issues. Bud Eylar has indicated to Planning Staff that although the discussions on site were beneficial with respect to actual road improvements, the Applicant is having difficulty determining how to form the.. appropriate district. or association to deal _with the costs of improvements. Staff understands that the Applicant is meeting with the County Attorney's Office later in the week and more information will be available. for the. July 31 worksession. Mr. Eylar has indicated that. his report may not be available for the packet, but he will be presenting his findings at the worksession... Staff has attached a preliminary draft resolution for the Board's consideration. Board of County Commissioners Regular Meeting - Sune 14, 1995 AGENDA ITEM SOMMARY TO: THRII: RE: FROM: Suzanne Konchan, Community Development Director ~L Restivo/Strawbridge 1041 Hazard Review and General Submission Rick Magill, Planner APPLICANTS: Chuck Restivo and Leslie Strawbridge APPLICANT'S REPRESENTATIVE: self LOCITION: The project site is located on Lot 6, West Sopris Creek Subdivision (formerly known as the Terliamis Tracts), in the area known as the "Crown". BACKGROUND: The Pitkin County Planning and Zoning Commission reviewed this application on February 7, 1995 and forwarded a recommendation of denial to the Board based on significant health and safety concerns (severe wildfire hazard). REgUEST: The Applicant is requesting that the Board grant approval of 1041 Hazard. Review and General Submission to allow the construction of a single family residence. ISSIIES: 1. 1041 Hazards: severe wildfire, geologic (slopes in excess of 30% and mancos shale), and wildlife habitat (elk and mule deer winter range, and proximity to elk critical habitat). 2. Roads: The existing subdivision roads have been determined to be inadequate for emergency response vehicles and personnel. STAFF RECOMMENDATION: Planning Staff and the Planning and Zoning Commission recommend denial of the Restivojstrawbridge 1041 Hazard Review and General Submission. ais restraw denial y r' RESOLOTION OF THE BOARD OF COIINTY COMMISSIONERS OF PITRIN COIINTY COLORADO, DENYING THE RESTIVO/STRAWBRIDGE 1041 HAZARD REVIEW & GENERAL SIIBMISSION Resolution No. 95- RECITALS 1. Chuck Restivo and Leslie Strawbridge, hereinafter "Applicants", have applied to the Board of County Commissioners of Pitkin County, Colorado, hereinafter "Board", for approval of the construction of a single family residence, pursuant to the Pitkin County Land Use Code. 2. The Applicant's lot is zoned RS-30 and is approximately 38 acres in size. 3. Said lot is described as Parcel 6 of the West Sopris Creek Subdivision (formerly Terliamis Tracts), more specifically described in Exhibit A, attached. 4. The Pitkin County Planning and Zoning Commission reviewed this application on February 7, 1995 and has forwarded a recommendation of denial to the Board, based on severe wildfire hazard on the subject property. 5. The Board heard this application at a regularly scheduled meeting on June 14, 1995, at which time evidence and testimony was presented with respect to this application. 6. The Board determined that the proposed development does not meet the criteria established in Section 3-807 (A)(1&2) of the Land Use Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that it does hereby deny the Restivo/Strawbridge 1041 Hazard Review and General Submission. APPROVED AND ADOPTED ON THE 14TH DAY OF JUNE, 1995 BOARD OF COUNTY COMMISSIONERS OF PITRIN COUNTY, COLORADO ATTEST: Jeanette Jones Deputy Clerk and Recorder APPROVED AS TO FORM: ~---- John Ely, Caunty rney BY Michael C. Ireland, Chairmaa Date APPROVED AS TO CONTENT: ~/YL1~ ~V~----- Suza a Ronc an, Comm ity Development Director Rs~mw ioai denial _. r .I .. ~ ~y~~ [/~~ G L . IT:. .. ~. 74Mttda beh ~~ Hereh ,1f76 j~sq. Ta , Z .. . ... . ,:.,..: fir.., : lcho3a~.L.Terltataie, A~zry L. Terlinmis and -. .- h.., 2erli.sia aka~~hitnd Hay Griffiths - ~ ~ ~~ Ann ' :~~ )~:~ Corm se~ op~LltCarfield, Pafie end' and .tae. e[ ~ - ~. ~ ' ` '~~ra!!fa pat; slat . .. a erwon - Bonnie~V Terliaeia ~;. .. ~ ..,a ' ,. tfrl.J< I . K eha - of...:Cerfield. and rtab d ~ ~ ' ~°t'Ji, .Oa1~aM dtlM aaeead.ylR. ' - ~ - • ~ Co. e?.,^i% pSil[ffi9L"IH, That tpatt ies a[ Lha first part,fm attd >e <enddatatlan o[tha ataa of TI?I AND NO/1 . ;,;?,~ ($10.D0) and- other va ahle eons ideration---------------------------DOLLABg, (' i%~ .`...'. ' to rho ss[d parries e[ Lhs art to hand paid M the said Party. ~ o[ tha eneoad Daf4 ttu retdPt +huee! ~° ~;'.... . , ~ft ]taebl eenfevad and arlarowirdlod. ha'e remised, edeased, mid conreled end 4U1T CLAIStED, std bT ix -: _ }iw peesaab de ~ ra.P[+<. xet aeD. mn~eT and QUIT CLAIII mna !ha uld yart y n[ tha a<ennd Part, th _ ' her hafn,aa<eesarrt sad aaai a, forerer, all the riYht, tltle, lnteeat, eiatm and demand which the said ~ ~~ ~~ p.reies : cf the Utst part bz ~e and to flu felie.eln[ described Iet. or ysieel o! land a{enab, (Tent sad ~ Y ~; :. h<yY 3n the ~ ~ CemteTd Firkin and Stala'of Coietade, to wel: WF,ST SOPRIS ~ S" :.~~ -'-.-~. RARCf1~,..PARCEL NO{.6 ... ._ __. ~ ~ - ~ ~- ----~~ - e,t - - ~ CO ECTIVE OF.ED ~~ ~ - - ~ .,_ ! A yarcel. of land sitvat ed in ttie W!1 of Section 22, TAS, R81W n( the 6th P.M. more '~~~ ~~ '-' particularly described as follows: 8 inning at the NW corner of .Said Sect inn 22, ~ ~ w' ~ehence 50'59'02" W. '3510.10 Feet en th True Point of Beginning. thence 88A~54 .42" f` E: 1317.76 feet, thence 51'00'46" W, 12 .76 feet, thence N8A'S7'OG" W. 1317.11 ~' feet, [hence NO'S9'.02" E. 12 A4 Y6B feet C [lie True Fnini of Beginning. _ f° Note: all. bearings are Colorado Coordlnnte System, Central 7.nnc. T ' Containing 78.840 Acres.." N' ,' .. ERCEF?IONS: Reserving therefrom all roads, a semen is and reservations rxts[fng ~_ ~ C.- or bE record; and furthermbrr reserving d binn t 50' vtde casement fora road _~~ to be constructed acrosssub.S ect property; and rthcrmore rrsrrv ing a 15' vtde °" ~' -utility easemenC-ins ide -n 1l~boundaries. ~ .. ~ t' The foregoing correctsa deed recorded Occober25, 974 tnBOak 292 aC Pngr 777. ' ~ ' ~ ' TO FLtV£ AND ~ 80I.D the came, teYether with all a~ eingnlar the appartenan< and Prlrftatu thstetmm bdaafint er In aapwese tbereente apPa*d+dnY. and.aD the carafe. ti6bt, tltle, latermt and wbataear<r, o[ the «!d part ies of the flsac Part: rlther la law er egalel, to the Doll Dmper nae, benefit ~d behoof o[ tha :aid . Putt' of the aeeend part. her beinand asrigna feterer. - ' . -~. .IN. WITIfESS WHEREOF. The uid Part ies e[.tbe flat part ha er hetcento sett hrt yad•s' and seals ~ tha dal and Tar ftrai abere wzettafi ~' ~ . .. ~ n l / / ~ -. ,/ . C _ ,~ ~ _ ~ r•.. V (SEAL] /I-, ' 9laaed, Sealed .nd Dell.reM in tbs Preeenee of .~" ... .. _ •- _ ~ .. J.!/tu.=. ALJ -_ -- -' -- - ~ ~ .. - ry i.' Trrl iami s., ~. __-_ ~ - ' . .. (3E~ ~ - ~ - •. .. ~ ': :~ ~ : ".' ~ Anaa `aa Cr ~.lm~v :~ n ,una • :1Y t.r5 fi ~c~x _. ~ T CsE.tL7 ... ~ ~___~_,._-_ _ , - STATE OF COI.OIU DO. .. , ~ . - q ~ / / r - - •1 Th: feraaelvt huWmmt wea ~cSma.iMa.d Lefor• me thl~ / S dal e[ ~ . . '. - ~~ if Yo ,bT' Ntchnl an L. Ter7lamis, HnrrT 1.. Trrt iami+ and Annn Nav ri (omit aka Anna Haw C~IffI [lie :'~~~~ _` -- - ~ MT wa~mllaaeon eaplty 19 . Witneu m7 hand and etYieial t<al. ~ ' `_ '• u. ef~fmi::itn Unite: mq n, rnn , ' • il I • 1 i'~ ': f:l~~1 f ~."~ TO: Board of County Commissioners Regular Meeting - June 14, 1995 FROM: Rick Magill, Planner. (~j~~y. ~_ THRII: Suzanne Konchan, Community Development Director I~t"~ RE: Restivo/Strawbridge 1041 Hazard Review & General Submission REQIIES;: The Applicants are requesting approval of 1041 Hazard Review and General Submission for construction of a single family residence. The property contains areas mapped for severe wildfire, geologic (slopes of 15 to 35 percent), and wildlife hazards (mapped for e~:c winter concentration area, critical habitat and winter range and mule deer winter .range). APPLICANTS: Chuck Restivo & Leslie Strawbridge SIZE/LOCATION: The project site contains approximately 38 acres and is known as Lot 6 of the West Sopris Creek Subdivision (formerly known as the Terliamis Tracts). ZONING: RS-30, thirty acre minimum lot size SITE/PROJECT DESCRIPTION: The parcel is accessed by the existing subdivision road, approximately 1.5 miles from West Sopris Creek Road.. The property is primarily composed of southeast facing slopes, vegetated with patches of mature oakbrush and serviceberry. The proposed building envelope is approximately 1.1 acres in size and contains slopes from 15 to 35 percent.. The envelope will be accessed by a driveway from the existing subdivision road that will be approximately 30 feet in length. REFERRAL AGENCIES: Referral agency comments are incorporated throughout this memorandum and are attached.. for reference as necessary. 1. County Attorney 2. Zoning office 3. Environmental Health Department 4. County Engineer 5. Colorado State Forest Service 6. Basalt Fire 7. Sheriffs Office 8. Division of Wildlife STAFF COMMENTS: 1041 REVIEW .;~ Wildlife - The DOW determined that this lot lies within elk and mule deer winter range, and that it is adjacent to elk and deer critical habitat. Kevin Wright recommends that the building envelope be screened with native vegetation to the north and east to minimize impacts to wildlife. The draw to the east and the knob to the north receive a substantial amount of use by the big game. Mr. Wright indicated that a low profile home and the existing oak brush clumps will serve to minimize impacts on wildlife. The DOW also recommended that dogs be prohibited and that horses be restricted to the building envelope. Black bears inhabit the area and have caused damage to personal property in the subdivision. Wildfire - The Colorado State Forest Service has determined that the proposed building site, in fact the entire property, is located in an area rated for high wildfire hazard. Due to the continuity and density of the surrounding oakbrush/serviceberry fuels and the slope, on the lot, there is a significant threat to a proposed structure in this area. Kelly Rogers indicated that the vegetative screening recommended by the DOW will not increase the wildfire hazard to the building site, provided that standards for defensible space and crown separation are applied in the placement of the plantings. Steve Crockett indicated that the proposal lies within an area that has an actual wildfire hazard of X- Severe Hazard: Brush. The surrounding vegetation on the property is comprised primarily of sagebrush with scattered dense stands of oakbrush and serviceberry/ snowberry understory shrubs. The access is via the existing subdivision access road which contains centerline gradients of up to 18 percent. Mr. Crockett recommends that all the requirements of Land Use Code Section 3-807(C) (Defensible Space & Structural Design and Construction Requirements) should be applied to this development and that this in conjunction with the "Pitkin County Sheriffs. Off ice Standard 1041 Wildfire Hazard Recommendations" adjusted for slope, will adequately mitigate the wildfire hazard for this project. Land Use Code Section 3-807(C)(4) states that architectural design standards may be applied in substitution for the Defensible Space requirements of the Code. Section 3-807(C)(10)(a) states, however, that "Additional recommendations from the Colorado State Forest Service, Pitkin County Sheriffs Office, and the local fire protection district may be incorporated into any conditions of approval necessary to mitigate wildfire hazards". The Applicant has acknowledged the severity of the wildfire hazard on the property and has indicated a willingness to comply with all reasonable mitigation measures for this development. Staff has included the Structural Design and Construction Options in the recommended conditions [see condition #6(n)). f, A, d uires that the Planning Office recommend denial that have been identified as severe Section 3-807 (A) req went application is of development in areas If the develop the areas-. Commissioners, wildfire hazard the Board of County ursuant subsequently denied by Applicant may appeal to the Board of County Commissioners p to Section 3-28 of the Code (Takings Determination)- The p Geologic - The property COesa less than 15 percentercent, roposed slop roximately 15-35 percent significant areas of o es of app the property. The building envelope contains s'- p onion of excess of 30 e northeastern P slopes in and is located in .ng envelope containing Staff will recommend portion of the buil o it's northeast corner. the areas with percent is isolated velope be revised to exclude lan)• There are that the building ercent (see revised situ p slopes in excess of 30 P the property with slopes less than 15 es in excess no other buildable areas on any signif icant percent. The access driveway will not encroach on slop of 15 percent. Nick Lamp iris did notro erty f yet he did suggest geologic hazard to development on th eered. that structural foundations be eng. that the The Planning and Zoning Commission and Staff recow ldf ire hazard 500 square feet based that the maximum house size be limp&Zd and4 Staff also recommendfeet based on the considerations. os be limited to 20 height of the structur~ of Wildlife. These recommendat?~ ldfire the Division severe comments of ast approvals in areas containing example. consistent with P wildlife habitat concerns was rlimited to hazard and significant Harris/Bent, the uppe~OSt lot in this subdivision, 2400 sq.ft. of floor area and 26 feet maximum structure height)- GENERAL SIIBMISSION e is limited to surface Site drainaq envelope Drainage and Eros=anon Development within the b that1n all areas drainage and absorp fore erosion. provided rowing poses little potential , etated within the first g disturbed by constructionletion of the development. season following the comp uire that the proposed access driueTed The County Engineer will req ermit will be req standards. An access p ermit. be designed to County rior to the issuance of a building P by the County Engineer, P that this. - The County Engineer determined acts to the Impacts to Roads development will not cause significant additional imp County roads. subdivision road whic meet County roadway standards. The referral There are several sections of the existing have consistently do not currentl Sheriffs Office, Basalt Fire) rovide adequate agencies (CSFS, pointed out that the subdivision road does no P 3 ,~-~. ingress/egress for emergency vehicles and personnel. Staff will again strongly suggest that the landowners form a Road Improvements District for the purpose of upgrading this road to improve access in case of an emergency. At this point in time, the Planning Office is limited to recommending that the landowners to join a improvement district, should one be formed. Scenic .Quality - The subject property is not in a mapped scenic foreground overlay or ridgeline area. Due to the location of the building envelope relative to the existing topography and vegetation, the development will not be visible from the public right-of-way (W. Sopris Ck. Rd.). The development will be visible from the internal subdivision roads and adjacent parcels. There are currently no construction plans for the residence, although the Applicant has represented to Staff that a "low-profile home" will be constructed to lessen the visual impact of the development. Water and Sewer - The Applicant is proposing to supply the development with domestic water by installing a well. State Statute provides for one exempt well right to serve one home and limited irrigation. The Applicant has represented that there are .wells which have adequate yield and quality ih the immediate area. The Environmental Health Department will require documentation of the adequate quality and quantity of the water supply. The Applicant is proposing an Individual Sewage Disposal System for this project. The specifications of the Environmental Health Department must be followed for the design of the ZSDS. A Septic Pernit will be required by the EHD, .prior to the issuance. of a building permit. IItility Extensions - Electric and telephone service is available ih the subdivision roads. The Applicant is proposing the use of a solar powered photo-voltaic storage system to provide electric power for the residence. The Applicant is also proposing to utilize propane gas for this development. Any utility extensions will be required to occur within the access driveway. SII2~SARY: The wildfire hazard to the subject property has been identified and documented as being severe by the County Wildlife Resource Information System (WRIS) maps, by the Colorado State Forest Service and the Pitkin County Sheriffs Office. The Pitkin County Land Use Code requires denial of this application based on the aforementioned 1041 hazard. RECOMMENDATION: Wildfire danger in conjunction with inadequate subdivision roads presents a significant health and safety concern, therefore, Staff recommends that the Board of County Commissioners deny the Restivo/Strawbridge General Submission and 1041 Hazard Review based on Land Use Code Section 3-807 (A)(1&2). Staff forwards the following conditions for the Board's 4 ~""~ ~„^~ consideration, should this application be subsequently denied by the Board and reconsidered at a takings hearing, as required by Sections 3-807 and 3-28 of the Land Use Code. 1. The Applicant shall adhere to all material representations made in the application and in the public meetings. 2. Prior to building permit application, the Applicant shall record a 24 :. 36 inch mylar 1041 Hazard Review .Site Plan which meets the approval of the .Planning office and County Attorney. The Plan shall include: a. The following 1041 Hazard Review Warning and Disclaimer shall be noted on the Plat: "The provisions of these regulations do not in any way assure or imply that areas outside of designated hazard areas will be free from hazards, or that approved mitigation measures will guarantee the safety of any property." b. The building envelope shall be revised to exclude all slopes in excess of 30 percent. 3. The Applicant shall obtain an access permit from the County Engineer, prior to issuance of a building permit. 4. Outside illumination. .shall comply with County lighting standards in effect at the time of building permit issuance. 5. The Applicant shall comply with the recommendations of the DOW as follows: a. The building en~~elope shall be screened to the north and east with nativ_ vegetation, such as: pinon pine, scrub oak and juniper. b. Dogs are prohibited. c. Fencing shall be a maximum height of 42", 4 strands or less with a 12" kickspace between the top 2 strands. Any rail fencing shall be the round type, 48", 3=rail or less with at least 18" between 2 of the rails. d. All garbage shall be kept within bear-proof garbage containers. The DOW can supply specifications upon request (North American Bear Society specifications). e. Horses shall be confined to the approved building envelope. All hay shall be fenced with 8 foot game-proof fencing. 5 ~. ,~-- 6. Wildfire mitigation shall be as follows: a. A sprinkler system or a foam fire retardant system shall be installed in the residence. The system shall meet the standards of the Basalt Fire Protection District and the Uniform Building Code. b. The Applicant shall have available for firefighting, a water storage facility to accommodate a minimum of 1,000 gallons. Capacity and location shall be approved by the Basalt District Fire Marshal. c. d. e. f. 5- h. i. J• k. Roofs and gutters shall be kept clear of debris. Yards shall be kept clear of all litter, slash, and flammable debris. Firewood shall be stacked on a parallel contour a minimum of 15 feet away from any structure. At least one ten pound approved ABC class fire extinguisher shall be placed in a visible and accessible location for each structure. Swimming pools shall be accessible to Fire Department vehicles. Fences shall be kept clear of brush and debris. Wood fences shall not be connected to the structure. Fuel tanks shall be installed underground with an approved container. Regarding vegetation: 1) A11 vegetation shall be removed within to feet of the structure. This area should be maintained in the future as low ground cover (to a height not more than 6 inches). 2) Vegetation shall be thinned within a minimum of 100 feet around the structure, with a minimum of 20 feet crown separation between clumps of oak/serviceberry. Remaining clumps shall not have an aggregate crown diameter in excess of 20 feet. Dead limbs and ladder fuels that could carry fire into the crowns of the brush shall be eliminated. Slash shall be properly disposed of by chipping, hauling away, or piling and burning during a safe time period. 3) Maintenance of the "defensible space" shall be required in order to retain it's value as wildfire 6 ~""'~ mitigation. Oak.. and _,seryiceberry tend to sprout vigorously after cutting, so it will be necessary to trim back vegetation every year or two. 4) Removal of natural vegetation within the building envelope shall be kept to a minimum, based on the recommendations of the Division of Wildlife.:. 1. Any additional proposed buildings within the. building envelope shall incorporate wildfire mitigation measures. m. Structural Design and Construction Requirements: 1. Roof construction shall be Class A, non-combustible (no wood shake/shingles) material with. no flat roofs. 2. Vents shall. be screened with corrosive resistent wire mesh with mesh 1/4 inch maximum. n. Structural Design and Construction Options: 1. Projections at the. roof .line (which include but are not limited to eaves, cornices, soffits, and roofs over open decks) shall be sheathed with materials approved for 1 hour fire-resistive construction. 2.. For projections below the roof line (which include but are.. not limited. to exterior balconies, decks, porches, cantilevered floor projections, and bay windows) the open space between grade and the underside of_projections below the roof line shall be enclosed by solid, vertical walls. These walls shall be constructed with materials approved for 1 hour fire-resistive. construction on the exterior side of the wall and shall extend from the_top of grade to the underside of the floor decking or walls of the projection. 3. Windows shall be made of tempered glass. 4. Exterior siding and wall construction shall have a minimum 1 hour fire-resistive rating, ground level to roof line- 5. Foundations, skirting and crawl space openings shall be fully enclosed and constructed with materials approved for 1 hour fire-resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls. 7 . . 6. The underside of decks and structures with stilt foundations shall be fully enclosed and constructed with materials approved for 1 hour fire-resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls. o. Addresses shall be clearly marked and visible with minimum 2" letters. p. All utility extensions shall be buried within the driveway alignment. q. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above-ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour .fire-resistive construction on the exterior side of the walls. 7. Prior to issuance of a building permit, the Applicant shall provide documentation of an adequate domestic water supply. Quantity and quality of said supply shall meet the approval of the Environmental .Health Department. 8. The septic system designed for the site shall meet the approval of the Environmental Health Department. The Applicant shall obtain such approval prior to the issuance of a building permit. 9. The Applicant shall obtain a fireplace/woodstove permit from Environmental Health Department, prior to the issuance of a building permit. 10. No development, including disturbance of vegetation and grading, shall occur outside of the building envelope, other than that required for wildfire mitigation, construction of the access drive and necessary utility extensions within the access driveway. li. The building site shall be revegetated with native grasses to limit water consumption and additional runoff, immediately following project completion. 12. The principal structure shall be limited in size to 4,500 square feet of floor area. All structures shall be limited to a maximum height of 20 feet. 13. The Applicant shall waive their right to any compensation from the Division of Wildlife for property damage caused by bears. 8 ..... 14. The Applicant shall join a Road Improvement. District. should one be formed. 15. The Applicant shall submit a landscape plan to the .Planning Office for approval, which addresses the vegetative screening requirements outlined. by the Division of Wildlife. 16. Building foundations shall be reviewed and certified by a Colorado registered professional engineer. The certified foundation plans shall be included with the building permit submittal. ATTACSMENTS: 1.' DOW comments 2. CSFS comments 3. Sheriffs Office comments 4. Environmental Health Dept. aomments 5. Zoning Office comments 6. Site Plan memo_restraw_1041gs bocc .~ _ ~ ~~. 7~~ ' ice/ `''r-~~ 9 ~--, STATE OF COLORADO Roy Romer, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Perry D. Olson, Director 8060 Broadway Denver, Colorado 80276 Telephone: (3x13) 297-7792 REFEA TO For LYildlife- ForPeople 11-16-94 Pitkin County Planning 130 S. Galena Aspen, CO 81611. Dear Rick: Restivo/Strawbridge's Lot 6 of the Terliamis Tract along West Sopris Creek lies within elk and mule deer winter range and is adjacent to critical habitat for both mule deer and elk. Black bear inhabit the area and have caused damage problems to some of the homeowners in the subdivision. Placement of a low profile home (as stated by the applicant) immediately adjacent. to the main access road in the sage flat, as currently mapped, while using the oakbrush clumps to screen the home should help minimize wildlife impacts. This is important along the east and north side of the building envelope. In addition the following will help minimize wildlife impacts: 1. Vegetative screening may be needed along the north and east sides of the building envelope to help screen home and activity from draw and knob to the north and east. These areas, especially the knob, receives a substantial amount of use. Screening should be native vegetation (i.e. - pinon pine, oakbrush, juniper) 2. No dogs 3. All utilities be buried 4. All fencing be 42", 4 strand or less with a 12" kickspace between the top 2 strands. Rail fencing be 48" 3 rail or less with at least 18" between 2 of the rails 5. All garbage be kept in approved bear proof garbage containers (North American Bear Society specifications) 6. Horses be restricted to building envelope and all hay be fenced with 8' game proof fencing provided by the applicant Thank you for the opportunity to comment. If you have any questions, please give me a call. -~fr~~ strict T~~dlife Manager DEPARTMENT OF NATURAL RESOURCES, Kenneth Salazar, Executive Director WILDLIFE COMMI ION, William R. Hegberg, Member • Eldon W. Cooper, Chairman • Felix Chavez. Member Rebecca L. Frank. Member Louis F. Swift, Member • George VanDenBerg, Member • Larry M. Wright, Member •Thomas M. Eve. Member _.... ~'°" .~ MEMORANDUM , To: Rick Magill, Planner FROM: Steve Crockett, Emergency Management Coordinator THROUGH: Bob Hraudis, Sheriff DATE: January 30, 1995 RE: Restivo/Strawbridge 1041 Comments After conducting a site visit on 9/13/94 with Chuck Restivo, the applicant's representative, my general concerns with the ,Restivo/ Strawbridge proposal revolve around the wildfire hazard on the proposal, access/egress to the area by emergency response personnel and water supply for fire protection. The proposal. lies within an area that has an actual wildfire hazard of X - SEVERE HAZARD: BRUSH. The surrounding vegetation on the proposal is comprised of mostly of sagebrush with scattered, heavy, dense stands of ~iertically and horizontally contiguous 12' to 15' high, mature oak brush with sage, service/snowberry understory. The slopes on the proposed building envelope are east facing, 15 to 20% on the actual building envelope and 35% below. Access is via the existing, long (1.5 m.), narrow, single lane, unimproved access road that has portions of 18a grade. Unfortunately, the whole lot appears to be covered with the same type and density of vegetation. In this instance, where no other lower wildfire hazard building site available and due to the severity of the hazard, the wildfire hazard mitigation recommendations necessary to adequately mitigate the hazard in addition to the "Pitkin County Sheriff's Department Standard 1041 Wildfire Hazard Recommendations" should incorporate the all the Pitkin County Code Section 3-807, C, 4 "Structural Design And Construction Options." My specific wildfire hazard mitigation recommendations are as follows: - The "Pitkin County Sheriff's Department Standard 1041 wildfire Hazard Recommendations" adjusted for slope. - Pitkin County Code Section 3-807, C, 4, a-e "Structural Design And Construction Options" If you require any additional information or assistance please do not hesitate to contact me. cc: John Denison, CSFS Steve Howard, BFD rs1041.95 ,-~ ~->, rsErtox~xDUrs To: Rick Magill, Planning Office L6 From: Nancy MacKenzie, Environmental Health Department~~`~~ Through: Lee Cassin, Senior Environmental Health Officer Date: November 21, 1994 Re: Restivo/Strawbridge 1041 Hazard & General Submission Parcel ID $ 2465-223-00-008 The Aspen/Pitkin Environmental Health Department has reviewed the details of the Restivo/Strawbridge application under the authority of the Pitkin County Code, Title II, and has the following comments. ADEQUATE PROVISIONS FOR WATER NEEDS: Sections 2-6 and 5-205:. "It is the policy of the County to ensure That land is not committed to any use and that no use is initiated without adequate evidence that a eater supply of adequate quality, quantity, pressure and dependability is available to support the use intended." This Department needs adequate information on the quantity and quality of water available. :This can be done from tests of wells present on-site by a water engineer's or well driller's report. The applicant must ensure that the water quality is acceptable by having it tested by a lab such as Snowmass water and Sanitation. Before a septic permit can be issued the location of the well must be indicated to assure that setback requirements from the well to the septic system can be complied with. It is recommended that low water landscaping (xeriscaping) be used and that the timing of any sprinkler systems be decreased for low water plants. The Colorado State University Cooperative Extension office can be contacted for more information on xeriscaping. A condition of approval for this application is receipt of information documenting the location of the well and quantity/quality of the well. SEWAGE TREATMENT AND COLLECTION: Sections 2-7 and 5-200: "lt ;s the policy of the County to ensure that land is not committed to anyuse and that no use is initiateduiThduE' adequate evidence that facilities to collect, treat and dispose of anticipated types and quantities of caste water are available or can and will be provided with suitable capacity, quality of discharge, suitable point of discharge and dependability". 1 ,,; Lots in the West Sopris Creek area are served by individual septic systems. All such systems installed within Pitkin County require septic permits issued by the Environmental Health Department, and must comply with the County septic regulations. To receive a Septic Permit, the applicant will need to submit a Septic Permit. Application and appropriate fee with a completed Soil. Data Form including perc test results and profile hole information. It must be possible to design an adequate septic system before a building permit can be issued. The Aspen/Pitkim Environmental Health Department will design the system for the applicant as part of the permit fee, unless an engineered system is, needed, which we determine based on your soil test results. An engineered system is required if any one of the following conditions occurs: a percolation rate faster than 5 mpi or slower than 60_mpi; maximum seasonal level of the groundwater table or bedrock less.: than four feet below the bottom of the proposed absorption system; or a slope in excess of 30%. The geological report from Nicholas Lampiris states that there may be areas of near surface bedrock in this location. We believe it will be possible to install either a conventional or engineered septic system on this lot based on the data_in the geological report submitted by Nicholas Lampiris and after studying the Carmichael Surveying, Inc. 1041 Hazard Review Map. The applicant will need to adhere to minimum horizontal setback requirements for placement of septic system components which should be no problem on this large lot. The leach field will need to be located a minimum of 100 feet from their weh . The leach field should. be located in an area of no traffic., planted with dry land grass, and should not be watered. It is desireable to locate the system below the house so that the system can operate by gravity. The applicant should refer to the Pitkin County Sewage Regulations for detailed information. Unless designed by a registered professional engineer and approved by this Department, no soil absorption system shall be pernitted in areas where the ground slope is in excess of thirty percent (30%). We w:uld like to clarify a statement in the application. "Infiltrator" type systems are not gray water recovery systems. We can discuss specific types of systems with the applicant once we getthe soil data. A condition of approval for this application is the receipt and approval of the septic permit by the Environmental Health Department before a building permit can be issued. 2 ~~, WATER QUALITY IMPACTS: Sections 2-22 and 5-107.2: "It is the policy of the County topreserve'and protect its present water resources. To this end it is the policy of the County that no Land use be initiated which would adversely affect the quantity, quality, or accessibility of the County's water resources; or which would occur at the expense of established uater- dependent agricultural activities; or uh ich would result in increased sa Linization of water resources, loss of minimum stream flows, further destructien of wildlife habitat, or major expenditures to reacquire or redistribute major water resources. It is also the policy of the Cdunty to maintain a natural vegetative buffer along its surface eaters such that the surface and groundwaters of the area are not encroached upon by land uses or other human activities which could cause deterioration of water quality orimpair the natural treatment processes provided by meadows and wetlands." The Environmental Health Department will be addressing water quality impacts only on down stream water quality. This application is not expected to impact down stream water quality if the minimum horizontal distances between components of the system and physical features are in accordance with Section 4-4 of the Pitkin County Sewage Regulations. A condition of approval for this application is: None AIR QUALITY: Sections 2-17 and 5-106: Only that development is permitted which will not contribute significantly to degradation of air quality in Pitkin County. Developments may not constitute an indirect or direct air pollution source. This project is not expected to contribute significantly to degradation of air quality in Pitkin County. The applicant must file a fireplace/woodstove permit with the Environmental Health Department before the building permit will be issued. The less densely populated parts of the county like West Sopris Creek may have one wood burning fireplace and one department certified device or two department certified devices per building. In addition, unlimited numbers of decorative gas appliances are allowed. Coal may not be burned in any device. No wood burning device may be installed in barns or agricultural buildings. A condition of approval for this application is the. receipt and approval of the fireplace/woodstove permit by the Environmental Health Department before the building permit can be issued. CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: Section 2-2"It is Che policy of the County to ensure that na use or development of land is permitted which is in violation of the laws of the County, The State of Colorado, or the United States of Ameriea.~' This Department is not aware of any issues of concern regarding other environmental health laws. ... ENV:LIP:LAND USE:Resiivo.strau.1041 3 Leslie C. Strawbridge Chartes W. M. Restivo Box 587 Basalt, CO 81621 925-4550 June 22, 1995 Pitkin County Planning & Zoning t30 South Galena Aspen, CO 81611 RE: Request for economic/hardship takings determination hearing before the Board of County Commissioners Dear SirJMadame: . Pursuant to Section 5-22 of the. Pitkin. County Land Use Code, please be advised that we wish to request an economic/hardship takings determination hearing before the Board of County Commissioners. for. Parcel #2465-223-00-008, located in PitkinCounty. Said Parcel was denied development opportunity for a single family residence by the BOCC on June 14, 1995. The following addresses the information requested in Section 5-2201:. A. This letter constitutes written. request for the takings hearing and is prepared pursuant to the procedures in Section 4-15. B. Property is identified by the Pitkin County Assessors office as Parcel #2465-223-00-008. The property interest adversely affected by the determination is the prohibition of construction of a single family residence in an area zoned R-30 and being over 38 acres in size. C. Past use of the property was sheep ranching. This property was subdivided in 1974 and since then the property has been intended for and is taxed for residential use. D. The petitioners purchase price for the property is $150,000. (attached is a copy of the Purchase contract} ~ a~~ ~~ 2i S M O R A N D II M TO: Rick Magill, Planner FROM: Joanna S. Schaffner, Zoning Officer '~~ 'L DATE: November 29, 1994 RE: Restivo/Strawbridge 1041 Hazard Review & General Submission Parcel ID# 2465-223-00-008 I have reviewed the above referenced application and offer the following comments. ZONE: RS-30, thirty acre minimum lot size This parcel contains approximately 38 acres and is conforming in size. SETBACKS: The required setbacks for this .parcel are: 100 foot front yard setback 50 foot side yard setback 50 foot rear yard setback The proposed building envelope lies outside of all required setbacks. FLOOR AREA: This site is allowed 15,000 square feet of residential floor area. Agricultural buildings are not included in .the calculation of floor area. The applicant has not represented the proposed size of the residence. HEIGHT: Sufficient information has not been submitted to determine compliance with County height regulations. P ~"" ASPF,~~I. ~::\Ul\~i ~.== I~az. ESraT~ 1~E:~.L. t~.-_~ COMI'~~tY ~,`~,iYr. ~`. A $157'E.2 COMPANY OF S~'O~~~Li`5 (IEtL F,TiTE CO.NP.LNY fLST-ST-TP---SUBDIV-----------ADDRESS-------LTSQ/AC--FAR---OWNER-----PRICE CZAS/DTE-DOM-ZONE-------SALE AGT/OFF--- 3SRSNG $-------LIST AGT/OFF------ !$343 S 1 E SOP C.4R 00 E EAST SOPRIS CQ 35.96 N P.RAFELSON 107900 07/28/94 598 SEM FARINO, CAROL S/CFARLYO 107900 GROSJEAN, DARRY/BASALT JESOME VIEW OF MT.SOPRIS FROM TB'IS HIGHLAND :5307 S 1 E SOP C4X OFF OF EAST SOPR_TS CR 0 0 JOY 144500 02/03/95 59 SEM DAMS, ALICE L /ADAMS 144500 HAGGERTY, JOANI/BASALT tEAUTIFUL VIEWS OF MT. SOPRIS, PRIVATE BLDGT-ti .4460 S 1 W SOP GRR LOT 14 W SOPRIS C'2E~ UNR N GRIFFITHS 77000 07/26_/94 632 5BA GRP.YSON, CHRIST/HUEBLYGE 99500 GRAYSON, C.TiR2ST/HUEBINGc .0 YEARS AMORTIZATION Si79 S 1 W SOP CRK 0 WEST SOPRIS C_R 0 0 VAN PENIS 92000 10/11/94 48 SEM BUCHANAN, JOHN /COLOTsC 90000 W'EIS,5, CARRIE /CBTAB FcEAT LOT! Privacy, southern expose aad 1491 S 1 W SOP CRK - LOT 8 WEST SOP 35.4 - GRIr^FITHS 150000 12/05/94 235 5'c~S GRAVES, LAURE:Y /COLOTIC :50000 THCRPE, JOiL*T /M&.yIASP ScISTINE SETTING WITH SPECTACULAR WT_LDE:~tESS =907 S 1 W SOP C.RK 0 W. SOPRIS C:<''' 35.418 N PT_PER 159000 12/28/94 121 5r.~S STRAKA, D ON /;~&MBAS 19000 AU'LT, GL~ M /M&.~lBAS PECTACL'LAR LOT...UNSPOILED SPLE:YDOR! 1190 5 1 W SOP CRK 0 SOPRIS Ct=Z i 35.2 N FBS CREDIT 165000 02/03/93 i33 5'r'~1 HAGGERTY, JOPu`IZ/BASALT :55000 HAGGz.RTY, JOP17T_/BASALT OCD RA,*iC.Y SITE. UNSURPASSED VIERS OF MT. _736 S 2 W SOP CRIC 0 WEST SOPRIS C3 35.43A N T~~RLIAMIS 85000 02/12/93 4445-r.IK GRAYSCN, C.~2IST/SOPRIS 87000 GRAYSON, CFLCLIST/SOPRIS 3UTH~N EXPOSURE OVERLOOKS ROARING FCRZ , 8 Listing(s) found with. dollar voluae of $980 400 205 JOITH ~LL~srRe~ .~i2E\. COIOR,:Ct.~ 31h i s T.?MO\E 9'0 920-2006 Bonnie V. Terliamis 0252 167 Road Glenwwood Springs, CO 81601 June 21, 1995 TO WHOM IT MAY CONCERN.: Please be advised that Leslie C. Strawbridge has the autority to represent my interest in the economic hardship/takings determination hearing for my property identified as Parcel ID# 2465-223-00-008, AKA Lot 6 in the West Sopris Ranch .subdivision. _ - Bonnie V. Terliamis n AGENDA. ITEM SIIMMARY TO: Pitkin County Board of County Commissioners Special Meeting - July 18, 1995 TIiRU: Suzanne Konchan, Community Development Director FROM:. Rick Magill, Planner REe Restivo/Strawbridge Takings Determination Hearing (continued from July 5, 1995) APPLICANTS: Chuck Restivo and Leslie Strawbridge LOCATION: Lot 6 of the West Sopris Creek Ranch Subdivision REQUEST: The Applicant requested a "Takings Determination Hearing" pursuant to Section 3-28 of the Pitkin County Land Use Code.. This request has been made as a result of the Board's June 14th denial of the Restivo/Strawbridge application .for 1041 Environmental Hazard Review and General Submission (see attached resolution). The Applicant requested a continuance of the July 5, 1995 Takings Determination Hearing so that they may participate in further discussion with the Board. BACRGROUNDs On June 22, 1995 (within the required 15 day period), the applicant submitted a written. request for a takings determination. The applicant's letter of request includes the information required by Section 5-22 in the Code (submission requirements). Section 4-1502 of the Code requires that the Board conduct a hearing within 15 days of the receipt of the written request. The Land -Use Code also stipulates that the Board must render a decision within fifteen (15) days of the Takings Determination Hearing. Staff has included a copy of the original staff report regarding this application and the July 5 memo for the Takings Hearing in your packet. <""*a ~At~6 0 2 145 ~, c;c , , ~~:vs a o~rrio~;~~t~a. MEMORANDUM ~~~~~t~~~°~°®~ TO: Boazd of County Commissioners Bud Eylar, County Engineer Rick Magill, County Planner Lauren Graves, Leslie Strawbridge and interested parties FROM: Thea Bent -David Bork -Jinx Stone DATE: July 31, 1995 SUBJECT: Road Improvement and Sub-division Road Association for Terliamis Sub-division, West Sopris Creek Road Following the Strawbridge-Restivo Takings Hearing this afternoon, we met to discuss all ratnifications of the road related. issues. This memo is to formally convey our views to you. 1. We are all in full support of creating a Stone Road Association that will be charged with the on-going maintenance of Stone Road. Such an association shall be charged with keeping the road to the new standard being applied in the current. discussions.: Each of us has already invested substantial amounts of money to improve the road to the standards extant at the time we were given county permission to construct our residences. 2. We, the existing residents, do not believe it is our responsibility to subsidize improvement of the roadway. so other owners, operating under new, 1995 standards, can procede with their projects. If buyers and sellers of other. lots are required to improve the roadway to new standards as a condition of County approval for their proposed projects ,then the cost of that improvement should rest with them. Persons who built under an earlier, less stringent code should not. be penalized by requiring them to participate in the. cost to .bring the road to the new standard developed long after their projects. were completed. 3. We hereby, respectfully request that Mr. Bud Eylar, County Engineer, determine with the home owners and the applicants, the preferred 1 r n ~ ._ Memo to County Commissioners from Bent-Bork-Stone Page 2 of 2 July 31, 1995 improvements to Stone Road and then establish the necessary technical specifications for the road. Then, those buyers and sellers wishing to develop lots within the sub-division would be required to bring the road to those standards. Subsequent to those improvements, each future hornebuilder in the sub-division will be required to maintain the road to the standards through the construction process. Further, once the construction has been completed, the Stone Road Association, in consultation with the County Engineer, shall make the determination that the road has been returned to the acceptable standard. 4. It is likely that homes on Lots 6, 8, and 1Q wily be constructed within the same time frame. Therefore, in the interest of safety, we suggest that the Class V- Country Access Standards be carried from the county road to the "Y" junction on lot 8. In addition, the "Y"junction is a logical place for a turn around from a logistical view in an emergency, and from an aesthetic view, since it is not in a "view line" from any likely building site. At the "Y" is an existing holding pond that could be developed as a reservoir for emergency water. 5. We wish to emphasize our willingness to be full, active participants in the Stone Road Association for the express purpose of mainfence of the access road within the sub-division. However, this would only occur air the road has been brought to the new standard established by the Commissioners. Comprter File:ROadFAX ~ ~ ~°~ ~ ~ ~' ~~~ ~' MEMORANDUM TO: Pitkin County Board of County Commissioners Special Meeting - July 5, 1995 THRII: Suzanne Konchan, Community Development Director ai- FROM: Rick Magill, Planner RE: Restivo/Strawbridge Takings Determination Hearing -------------------------------------------------------s--------- REQUEST: -The Applicant has requested a "Takings Determination Hearing" pursuant to Section 3-28 of the Pitkin County Land Use Code. This request has been made as a result of the Board's June 14, 1995 denial of the Restivo/Strawbridge application for 1041 Environmental Hazard Review and General Submission (see attached resolution). Staff has included a copy of the original staff report regarding this application and the minutes of the June 14 BOCC meeting for reference. BACKGROUND: On June 22, 1995 (within the required 15 day period), the applicant submitted a written request for a takings determination. The .applicant's letter of request includes the information required by Section. 5-22 in the Code (submission requirements). Section 4-1502 of the Code requires that the Board conduct a hearing within 15 days of the receipt of the written request. APPLICANTS: Chuck Restivo and Leslie Strawbridge LOCATION: Lot 6 of the West Sopris Creek Ranch Subdivision (formerly Terliamis Tracts) ZONING: The property is zoned RS-30 and is_approximately 38 acres in size. STAFF COMMENTS: The standard for review of a taking is identified in Section 3-2802 of the 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 takings has or may occur, it should 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 aad shall not base its decision on the 1 n r~ impact of the 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 and shall give due consideration to the reasonable investment-backed expectations of the landowner". Applicant's Response: The applicant argues that the location proposed for development in the application is the only. suitable site for development on the property. Further, the applicant contends that the"Board's denial of the application (the. questioned determination) has "adversely affected" the applicant's ability to utilize the property for single-family residential and related usage. The applicant believes that the Board's denial of the Restivo/Strawbridge 1041 and .General Submission application constitutes a denial of all reasonable use and economic .return from the subject property. The applicant contends that the sale value of the property with the offending determination is $O, while the sale value without the offending determination is $150,000. According to the Pitkin County Assessors Office the current assessed value (ASD) of the subject property is $24,650. The actual value (ACT) of the property assigned by the Assessor is $85,000 (see Assessors report, attached). Staff Resnonse• 1. With respect to the issue of reasonable use of the property, Staff would point out that there are 3 existing residences served by existing roads in this subdivision. This would suggest that the use of this area has already been established and that any other type of use, such as commercial agricultural or industrial, may conflict with the existing residential use. The subject property is zoned RS-30 Planned Unit Development (PUD) Resource. Staff is also compelled to point out this zone is intended to: 1. Permit low density, single family residential development and customary accessory uses; while recognizing natural hazards, wildlife areas, limited utility service, roads or schools, and other facilities may constitute a constraint precluding the realization of zoned density; 2. Encourage orderly development pattern minimizing scattering of development in rural areas; 3. Provide potential for clustering of development 2 preserving open space and creating efficient. utility service for development; 4. Preserve agricultural. operations and environmental -resources; 5. Maintain rural lifestyle; Locate development outside irrigated lands and deer and_ elk habitat; 7. Protect cattle and wildlife by prohibiting dogs in new subdivisions. 2. With respect to the issue of economic return and investment backed expectation, Staff would note that the applicant entered into a contract to purchase this property ($150,000; sales contract attached) with the knowledge that it's development was subject to land use approvals from the County, the final outcome of which was questionable (the applicant was aware that the Pitkin .County Land Use Code prohibited development within severe wildfire areas and that the property was encumbered by said hazard). Other Issues: The Board directed Staff at the June 14, 1995 regular meeting to assist the. applicant with the development of site planning alternatives, such as lot line adjustments or re- subdivision. Leslie Strawbridge, along with Lauren Graves (owner of Lot 8), met with Staff on June 19'tb discuss said alternatives. The existing conditions in the West Sopris Creek Ranch Subdivision substantially limit the applicant's ability to pursue and implement site planning alternatives. Those existing conditions include: existing subdivision roads (with two homes located at the ends), three existing County-approved residences, and most importantly, the lack of motivation of the part of a majority of-the landowners to participate in large scale lot. line adjustments and/or re- subdivision. There appear to be no realistic site. planning alternatives that would promote a hazard-free development scenario for Lot 6. The fact is, virtually all lots in the subdivision (except portions of Lots 1 & 2) contain severe wildfire hazard, accessed by existing substandard roads. ADDITIONAL STAFF COMMENTS: The review of this proposal is extremely difficult, given that any approval of residential development in this area may present a significant health and safety risk to it's residents. Some of the landowners 'in `this subdivision have argued that additional residential development will reduce the wildfire danger to residents because extensive wildfire mitigation measures will be implemented. Staff feels that more homes will simply put more people at risk. Nonetheless, Staff cannot find a building site on the subject property that is outside of severe wildfire hazard. Staff would refer to Land Use Code Section 3-807 (A) which states: "In the event there is no area of a development site free of "C- Severe Hazard: Trees" or "X- Severe Hazards Brush" wildfire hazards and a development application is subsequently denied, an applicant may appeal the denial to the Board of County Commissioners, pursuant to Section 3-28 of this Code. If an appeal of a project denial is granted by the Board, than the development application shall incorporate hazard mitigation according to the .standards in part C of this section." Part C includes. the wildfire defensible space, and construction and design requirements, which are included in the June 14 memorandum .(attached) and previously agreed upon by the Applicant. The referral agencies (CSFS, Sheriffs Office, Basalt Fire, and the County Engineer) have consistently pointed out that the subdivision roads do not provide adequate ingress/egress for emergency vehicles and personnel. Short of clear-cutting this and adjacent lots to reduce the wildfire hazard, the Planning Office now recommehds that the landowners be required to submit a road improvements plan for the existing subdivision roads and the access. driveway that will meet County Road Standards and achieve more acceptable emergency access conditions. The plan should at a minimum be a requirement met prior to issuance of a building permit. Moreover, these required improvements should be completed prior to issuance of a certificate of occupancy. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the construction of asingle-family residence on Lot 6 of the West Sopris Creek Ranch Subdivision, provided the applicant agrees to improve the subdivision road and access driveway to meet County road standards. The applicant must also agree to comply with all the recommended conditions outlined in the attached memorandum. ATTACHMENTS: 1. PITKIN COUNTY ASSESSORS REPORT 2. JUNE 14, 1995 STAFF MEMO RESOLUTION OF `DENIAL, AND ATTACHMENTS 3. JUNE 22, 1995 LETTER FROM LESLIE STRAWBRIDGE W/ATTACHMENTS 4. JUNE 14, 1995 BOCC MINUTES. memo_RESTRAW taking 4 Tom Isaac Pitkin County Assessor ~J6`East Main Street, Suite 202 Aspen. Colorado t~t6i i -rr.>>:L.zF`~{r~TE3, >_~:k.~vzE ,~ r.,t~ ~x,~:^,~~ :.~-,-E;r ~~ n .^:;.n~ ~ ~_='~'x.~ cx_~a _ .~_:,, i.~IJE1tiw~i~7P; ?:k='Fia{~itd, (=17 £~+].~~:ra t~/S? i'1E:"1'1x11 8< ~f:%.-grll:^,a i;r:r i'x:x:r c:~ f-'1 }='(k-iC~J_ Ck- 1_14VC7 `.-:Sl1k=r"(~'a~ Si~l l~Jl;'..? f~~' _ k:~:C]„ ':°?-B--vl' CJ:kVi /~T.{~IIt~ :~;: E?A? ~ f-~C,Fi~~, t~=2hD'3 I~ki3 Ft.k 1 Y 7.k<S~~:Cf~E~Et BY rv17~ :[tQ - ~ , •, - -~ I+JE=r; 7' .~+i:A=fi:E,^-~ (i(-`o">i(:-i9 F'!~'zY:~l._ l~gl. Ca. }:: i7:k~~~~C:'f'7'CkU LA''E-S} ;N F~-a~:.. ~:1f5^ F'tlt~=' t. Ga. }~::; tr,`:~t F'~~,c>c.'x:ua. rCl( E'X~{F.-:ai:if3lixa/94 17C~; TYFi'c r;D ^f~.F_~;'i='F~7`C~:e '.:i i5 f~. 'rri 1-: ?' ii x? A(' t-~f7 ~ A f:~',~:x~, Fi-;t}; ,'x6Ec~;i:r F>C•';: ~9 "_x:;C.± ~: ~ - . ~F!-ili I_'~-}?I_..1.. d~h7t~iFcC7 YEAH k:4.1:E1._I` t-~:2 ;f.?'Ea=~l7 :il.t:?].!rr,[5 L~;''i G-if-VVCo~E= Cr=t1'a AID ~ ~"''; _ .~ M E M O RAND II M TO: FROM: DATE: Rick Magill, Planner Joanna S. Schaffner, Zoning Officer ~~~~ /' November 29, 1994 RE: Restivo/Strawbridge 1041 Hazard Review & General Submission Parcel ID# 2465-223-00-008 I have reviewed the above referenced application and offer the following comments. ZONE: RS-30, thirty acre minimum lot size This parcel contains approximately 38 acres and is conforming in size. SETBACKS: The required setbacks for this parcel are: 100 foot front yard setback 50 foot side .yard setback 50 foot rear yard setback The proposed building envelope lies outside of all required setbacks. FLOOR AREA: This site is allowed 15,000 square feet of residential floor area. Agricultural buildings are not included in the calculation of floor area. The applicant has not represented the proposed size of the residence. HEIGHT: Sufficient information has not been submitted to determine compliance with County height regulations. Leslie C. Strawbridge Charles W. M. Restivo Box 587 Basalt, CO 81621 925-4550...... June 22, 1995 Pitkin County Planning & Zoning t30 South Galena Aspen, CO 81..61.1.. RE: Request for economic/hardshp takings determination hearing before the Board of County Commissioners Dear Sir/Madame: Pursuant to Section 5-22 of the Pitkin County Land Use Code, please be advised that we wish to request an economic/hardship takings determination hearing before the Board of County Commissioners for Parcel #2465-223=00-008, located in Pitkin County. Said Parcel was denied development opportunity for a single family residence by the BOCC on June 14, 1995. The following addresses the information requested in Section 5-2201: A. This letter constitutes written request for the takings hearing artd is prepared pursuant to the procedures in Section 4-15. B. Property is identified by the Pitkin County Assessors office as Parcel. #2465-223-00-008. The property interest adversely affected by the determination is the prohibition of construction of a single family residence` in an area zoned R-30 and being' over 38 acres in s¢e. C. Past use of the property was sheep ranching. This property was subdivided in 1974 and since then the property has been intended for and is taxed for residential use. D. The petitioners purchase price for the property is $150,000. (attached is a copy of the Purchase contract) - .. , E. Per the Pitkin County Assessor's office, the current assessed, valuation of the property is $24,650, with a mii1 levy iif71:8~7. ~ ~ ~~ (attached is a copy of the current valuation provided by the Pitkin County Assessors office) F. N/A no appraisals or preliminary estimates of value have been made on the property. (attached is a listing of the recent safes information for the past two years) G. N/A there is no mortgage on this property. H. N/A property is unimproved and has not been rented. The primary expense for the property is approximately'$1,723 in property tax. I. The ownership structure of fhe propertyr is: individual. J. N/A per Rick Magill K. N/A this property has oo rent value without improvements; the entire subdivision is zoned and taxed as residential property. L. The sale value of the property with the. offending determination is $0; the sale value without the offending determination is $150,000. (see'contract to purchase and recent sales info) M. Other information bearing on the value without the offending determination is attached in the form of the listing of recent sales in the subdivision and nearby areas. Information regarding the bearing on the value with the offending determination is not yet available. Additionally, please findattached an authorization Tetter-from the owner of said property authorizing me to represent her interest in the takings process.. Please contact me at your earliest convenience with a hearing date. Sincerely, ~~~~ (, ~~~z-~v~~ ~ Leslie C. Strawbridge ~"" '" --~~ ~~/~ V :: 7Jmprinred potions of Wis form, plifferenlialeJ) adJrirons have 1 n r We ColonJO Real Pstme C toms. Ln '1'IIIS PURM IIAS IhIPORI'ANI'LN[iAi,L'ONSf1U VRNCBS ANU'ITIB PAR'17FS SIIUULU CONSULT LBOAL ANU'1'AX oRU'1111IR COtJNSRL NISPORCSIUNINU. " VACANT LAND/PAI2M AND 12ANCII CONTitACTTOIIUYANDSLfLLRIIALE5'CATB - Aoril 25 Iggq I. 1'A 2'IINSANU FRUPRR'1T. Leslie 0. Strflwbridae and Charles W. Restivo Loy (s) Ilivyerj, (as jnvn innnls/(NdIdVA11/[//dl tint) ag I hey, anA II VI IrrilgllcJ sdICIIa) ($CIIerI. ag«eS r0 salt VV Ihe ICfmn and [VIIJIII0115 sCl loth in Ibis contract II a followmg Jc<c 1 eJ teal eslah m II a Comny of F1 Ckln ,Colorado, to wit A parcel of laud si CUated in W 1/2 of sec. 22-8-87 containing 38.890 acres, being more fully described by n/B inBOSik7.92, Page 733. Weat Sopris Ranchr Parcel No. 6 See correction Ueed in Book 312, Pega 16 blown as No. 7227 soLrrls Creek Basalt CO 8161 Sucel AAnc~ss Clly Slnle IVgclher will[nll inhresl of Shccr in vacamJ streets and nllcys aAjncnn Iherem. all rnxemm~t uW oll¢r appunernnces Iherno, ell hop«vemenls (hereon anJ all vlladmA lixin¢a limrcon, enccPl a hc«in endaAcJ (cnlledireiy Ihe Pmpcuy). -L _ rl r 2. INCLUSIQNS BXCLUSIU_N5. '1l a nuchase rice indndes Ihe following imnrs (a) If allndrcJ ro Ilse Prol'erly on the Jare of this rnnrrnd: liglning, I eatl g I I r berg entllmiirR n N air an liuanmg hxiu I V l n x alcr aAmncrs, sn eke/f ¢/6r rggr nhr ns security Aevkes,lnside telephone - ' wing rJ cm eel g blockdjark<, plains, m inns rlnor tt velings ntl. rnm ryslems, bpilbm kn 1 s apll ances prnrkler eysimns nnJ cmnrat, huilr-in vac r rysmnrs (nJ alit g attessnnes) vil gangs door r penas r nla,b g U renmm contents, (li) if on 0¢ Property rvhe0hr mmcheJ or non w the dam of This c~~lmd: smnn rvindows. senor floors, window anA porch shades, awnings, blinds, screens, gnUin orris, Ampep~ orris, fi¢plece insert; OrcpGce screens, firgdace grnlex, healing smves, storage sheJs, all keys miA (c) none 00 Water Ria6ls. Pmchnse price no irrcliule rtes Rrllowhlg weer riglnsahose appurtenant to the lot (c)(iroaln¢Crnne. AVii11/I!M)IIVYAIIAV.UI~IIN/ydkkl/~jSNHBlIr nnA hrrycr ogres AVAVIYdws: N/)t - 'Iih al ave di scribed inulnticd ilmna (Inch. ions) are to he conveyed hr Ooycr by Seller by Uill of tale, warrant insuvnmru(sl al llic dosrnR, hec mW dear M,II nests, lines aixl enannbmnces, area q as Y deed ar other applicable legal Onm Ibis sale. none i provided in $2dion 12 'nor following nuacbcd fixtures arc exdndeJ J. PIIRCIIASBFRICNANU"1'1RF15The pamhasn prkesbnll be .E180.000.00 ,payable in U.S. Dollars hY livYer as follows: (Cmnplele the aPlrlicable tents below) (al 1?ARNBST MgNLY. E 10 000.00_ rOe Gmn of ersonal check_ p rrvl rse price payable I I I elA I ~---~ -- . as enrnesl nxn¢y Acposin anJ parr paynrcnl of rtes p• JOSittua 6 CO of 1ks e[t Inc ,broker, in ib Imst accwnl nn Irchalf of holh Shccr aril (layer. Ihnker is au0nuineJ m Jelwer Ore ean4sn mmhy Jeposil nV the dasiug agtrrr, If ally, PI nr blflrrt dVSlrrg. The baance of § 190. 000.00 (purchase price less earned nnmey) shall he paid as foilowa: R 14~ 000_00__, plus rinse g c r 1. I r I c i A I•y Unyv al closing in funAS svh dl nngJy web all npplicnlrle CMomdo laws. which include cash, Jecuol ~ Inr slat fnmis can I cA Bieck, s n g. and h ml teller s dmck. mnl c sl er's check, (4 xl PmNS). SOlrjttl to Ihe provisions of Sttlioa 4, if Ihe existing Imo batnee al Ihe uarc b! closing slnll I c dilfereul from Ilm loin Intone m Section 3, II c aAprspneul shall be node Br GonJ Fmnls at ilasing or paid as follows: N/A E N _ Dy Uq'er oUlaining a new loan. 'his Inan wJl be secn«A by a n, n „A,_,_, j Ile, 1uA, crcJ. The lomr s nl be amonizcA aver a perioA oIN/A .Years a approxinlanely § vincipal anA inmmsr nal m exc _% per amnrur, lilus. if InlnireA by II yer's IenAer, a Aepnsil u( axes, progeny insnrnice p«udxn~l+rolrrgnge Insurance Inanixir. If the loan i. ao adjngalrle inneresr tale or grndnah nymenls mrJ inhmsl rah initially shall nor e J Ore figures set fonA abme. Loan Jlsarnnl points, if nnY, shall Ire i IV Inrder nl dnilng anA slr. I non exceen aonwilhnanding Ilrc IomYS inlrresl rule, Ihe firs) luau discoun nd Ihe balance, if any, shall be paiA Iry Bayer shall linhly pay a loan originmion fee not mpucr (J) ASSUME/'ION. 11A _ by Blryer's nssnming and agreeing mm pax stir 's iuclnAing Ininoipal, inidesr p«smnlY nl 9 per real estate nixes, U pr,7,ary insuranec praninul. LJ pmrlgagc insnnnce p gran vansrer me nor ro e 1 E shall toted atonal «nl estate lomr, rite nmonnl. c__ xmoanl euJ Bvyer's iann cost. this appnrxinmh mmm~n, presnnly payable al § N/A e1r ndndirrg esennv for Ihe fo0nwing ns InJicmeA: I -~ toyer nsreen ro pay acec< -Ale lane Vf assamplinrr, Ihe new interest rnro slr rxtl ezceeJ c new paymm~t simll nor exrceA § / ~ % per animus noel pnncipal and imeresr, rlas esemw, it any. $elh~iJ stroll [] ah;Al nor( hS.rdYnl ham lialriliq un xaiA Iran. If a gdicalrle, carnplim¢c with Ibe regr rents for «lense frmn Liliry m reinslnremenl of digi~jny-9mll Ire evidnmM by Aelivery nl dosing o! v i:rppvryrinle IVller Oam lamer. Cost pa le for release of linirilily ell he paiA by _ __ ran annnurt nnl to escecA § ~.l _~___,_~_.~ Ic) SL+1-LBII Ult i'NI VAY'rt•rnYns>_nw rrrv row.:..:....,. , execnling a promissory note payabl~ la: CILS) 1-)1 Va ri 1 aiid/Pam A IM ih Cr I act m IIaY+uJ S II Real lismte /~ Mi~Aliishrl llrsl rp(Rfgtlalf lfl!]i`reiiai Jar Jnsl n,kCi fA (as, tem., Asprn CU 9Z5~8810 IunUleJ Uyy __ on Jre note t rat s I Ai~(91eck m I1 n on1yJ f~ ~ ~~~ ^Rigbsao Cnr~N `RJ ^N RAID i((m NIU Rh1 hRi /~ se vmJ hY v JccJ o(I le c1 nliemig Ne Pr gorily. using the fmiil as ilMiceleJ: /~ (Ist A11 eh) ~L'luc rah l ux mdy,) Suia Une m1 Snk (IU ]2 I I R.1) (Yedinvorliry (TU 7J-11 -87) ~J AssunaDie-Not Aue nn sole (Ib )dJl-RJ) 'fM1C P n.+ y l I Ball l e al um eJ Il c i f yelrp paynblc nI S inJ vl nA ynn~ j d a I tin c.l I II c, h f Per 1 algmn qy1 hots thnl`mnumncc mW shall Ih Aae on We Aa) 1 c i so An F JGrm{ rater pvA. Ibe balame or d ... tiller I . e Lty Ifs 1r al n W a c veJ inlercsl stall be Jue aiiJ payaUle shell U shell not be inereascJ~ ~ oleo mnkA am „I Inns etlale lazes, arW - [f than [)than nor he i!¢sea4A IY f rm hlv p,l pmpedy in<mm~aPnm n I Ih rod rzrll tls cmnun II f II t g I 1 s { J ~,I I If any prymmrl it not ccei cA w Ihvl a L le chat e.nt`~ ale Jar Jays efhr i6 Jue Jalc, % of sl I l ay nl shall l J Inhma on IaWcr J'tbwsnumnn makr the decJbf Imkl shall be jfcm I~ Ucfm 11 ndclcsl mIC shtll Uc 1 cr.unnrnl. 9e + ; Onyen ray lrq ay willwt In pc ally Wlbjr_ - A. PINANCINO CONU^IONSAND OULI4AI'fUNS (a) LOAN APPLICA7IUN/S) If Ilnyer is to p,y all or In11 nr II c pnrchue pure x scl fnlW in Scaimr) IrY nhlnining q new loan nr it an existing luau snot to be release) 1 J x A n ycq d rcgnnN by sorb lendeq shall unke rvrillrn apt I call m w' Ilrin N/A Otis cunlrn, nn er .1 all c Y Y P cnkndar Aays fluor ececpunce of ) I I t vll Scli r:ul I IenAe I I Iw loan appnrv,l, Ailigu 0 vN Inud brsue sine in goof faith, execose all Aocumerrts and Run sh all inrom ,In n nut Aocn 1 eel I cl by II e I I I I ., I} I I Ssa 1 t, linmly pay Ibe cosh of eliUmiilg sncb loan err IclNCr eoupenl. (h) IAANAPPROVAI. If It y s Y.I ,Y II 1 ill of Ole ~ i a c pare Iq ubl using n new Iran ns spttlpeJ i I S<clion J, dJ3 commd Is nnAium d upon Iv Wer s l is 11 r f f II c I tom o r nr before N/A npp oveJ by a,+nl Ave, 11 s iwil Arall lu sin rm . I9 ~ if na so (v)RXISf IN(iI UAN itf Vl[IV. Ilnn ezlslinR tom islnu 1 Ic. I,Iii 1 nh dteA bf bun 1 u 1 f I ,) I sin} r 1f PI/A A Seil sbnll pr I I ngrree of lh Iona Jnenmelns (inch¢liug cUcnJv I yx poor aagn+l e f II 1s wnsrncl I-is anmocl Is urnlidnn,l upon noycr'{ review oral appmvnl t f II c 1 urvl,il nlt ors h 1 tll dornnrenls. Iq,yer n bank In IIm Pnrvisurns of sncb loin Jomnnenls if nn wrisicn objection is meeived by Seller Rem 13uycr Wvlun N ]1 __ cnlnnhr Any{ boor Ihper t recmps f sl ch J nmcenit if the lender's approval of a fmusfer df Isle Pmpeny is regnircA. Jas couhnn is cnudnional open Ur yer i obralnn g sncb appunal wnlioul xhange in Jm Icons sir si1c11 Iuml, excePl as sei f rW iu Section .3. if IenJersgpl rval is not Ihuul tin nrhfn N[A _. Imm i deJ un sorb dale II S Ilci it to h J ascA Gem hat Jily onAe snob a song I m1 or if Sellers VA cligibilny it Iu be reinslaleA anJ Unyer Jshs not ohlni r such compliance ns a fnJl in Secl [ r 3, ihi[ cbnlra8 slay be Icuninalnl al Seller's option. (A) ASSVPJPIION IlA1~N( IS. If 0uyeris h1 pay all or Inrt of the pnrehuc plicc by aunmingml existing loan rat<I if the acbml princiyal balarhr of the eai9ing loan al the A I n(elosing I ht Iht 1 the anvrnm In Seniml 31u A the nnmuul of cub rarydreJ Rum Unyer nl closing is hmrnseJ by morn Ihen ' S M/n , Ihen Unyer oily In nuille Ihi<conlna dhn,ive upon raeipl by Seller of Unyer's wrlllen notice of icnninnpmi. C)CIIPDI'1 INI ORMAl1ON if 11 yell 1 y II rlms flh to I erym ly ec linger Pronismry ndle in Llvbr of Seller onf an esisli Into rt t l l e t Irtsc I al cl rs g 11 i I, I l ct l Inn n,l I i n S Ilcr's ai 1 1 f noycr s f al ,I nhilisy and ercdpwm Winces. whmh npyrnvel dull ' be al CCR s arse a J tl . sal 1 Sclruon, 11 1 c,se. (I) n ly r {11111 u1p1 IY ( Selitr n 1 nr before - 19 _. al Unyer +expense mlol r t u I f cnmenls co meminA U per s firancial, n 1I rynhns nuJ cmdll cmWmm~: (2) Royer consents Ural Seller may sellly Ouyel't liuancinl ahilny uvl a WI a Ihn s; (1) auy sncb ilJnunalinn mW Aoaunenk receive) by Seller snail be Le1A by Scllcr in conUJence, asps I n rNCascJ In oll clt excgn yr Inomm Seller s nnmepl m Ibis bvlndmn. Ids A Seller Aces nor pnrviAc rvnllrn nnhee of Seilci s Jisapprovai Ib Ilnyer an nr 1 fore I1 Ihrn Scllcr naives Ibl3 av A ni t Ir Srller Joet proviJC wrillul notice of Jisnpproval In Unyer nn or hefore s1iA Aam Ibis wnnnu droll lcnniwle. 5. APPRAISAL PROVISION.'. ;~ '',~~ (Check one Inca only) 'Ibis Senim(JS shell ~e shall nnl apply. 'Ih J Scclit 5 shMl 1 1111} ! II Yer ii ur of qm a new I IIA nr VA loan If IIII9 SGCIIoII S 01)pIICJ, a3111J1Ld1[II Bb11V0, nllynf SIIBII IIaVn IIrC rlghl trr hen irate Iles cmm~J f II 1 sl, c I ce euc As 0 c P 1 ctly t alualam AehnnfncJ by an +ppraiaer engage) by N/A If C Iler mttivet, copy f 1 cir tl pnntl yr use nonce I'r i I s•r sloth nr tlinns the Pnryeny s v I uou is lets Ilan the parclase Vrke, ml or Irefure PI/~ - 1-- I ! _ 1AI`PI nt II UrnJhnc), Ih6 rnntraU stall krntilltlc U ryrr shall have isle privilege 111 f 1 eAing II r rnr r! ^1rs c i lout rvnl n n rcgmJ b Ore v vnnn n! Oh appnitcA vahlanon NPIrp doting, Urryer waives nny ~, obyeait n I J,. P perry s~ I I Ion. 6. C!)SI OPAPPRNSAI C n of avY I I nkal m he olrn 1 c I aU r ILe Ante o! this cmmact simll ire timely paiA by N/A ]. Ntl7 A55I4NAUI:13. ^ r{ amilacl sI ,II m I be asiiglial Ic I y Unyer rvliln 11 Seller's prior wriucn consnn. Rxcepl as se reshicleJ. This eonhazt shall inure Io the I 1 chl f vul be b I Imp npnn the hr pelsnnal rgnewnlaliveJ. sncccssnrs oral assigns of the ponies. _______ A. IiV1UNNCti OPT'1l l U Seller ihall fool {h IV Ilnyer, al S II is expense, EIIMr a nvwnl convnilmenl R r s title insurance policy in an vnnunl equal I II r pooh+tc Irncc A4 AI/RVIfV//bf0 re dll/dl/JlIAbV/lf I IkWVfR i fNIVUAWVfrV hh n I f m NaV ~a~- 1994_ U _ (f IIC Uemllm) I//A/IbR!!NN/VAIIlUAAll/i11YrfIhVl Is fm Ir 11{ yc any rc p I e 1 f Cclkr sl I VI IC[ t1l illthtllnCn I I I in 0¢ sehedl le of c epbn n (Lxcrpn n) m the t Ile innnt to anon bee n the be fnnd.dlcA to noycr al Sulier't cnPense.f Tl is rcgnimmens sh 1Ucnk) I al n only m insuun colt shown of ralmi r I II c ollioe of II c Jerk m A wn tiler of the Ack gnaleJ county orcmurticJ. 'Ibe IiUe hlnualm<connniln¢bl, I I,rlber wiW any copra{ [ r tl iraUS of melon ns fivnls4cJ Pms m1 I In Ih,[ Secmm R, conssilale the rule Wmnmenss (I'ilic Uocuamnss). 0uyer. or Unyer's Jes grace. must aqucsl SJk I r ss libng m fi uu. h aspics or nl grtc6 0! intbvbrenk IISIeA m the schedule of exceptions uo laser O,ms Zexo nlenAar days afhr'I idc Deadline. I//SVIIV//fh151161iHs a tide IhW/frtltVM(Mlfhilmeln, Scllm will pay the premium pt closing amt love Ilre Idle hrsnrance policy Aalivmed In Unyer as soon a piacsicahle slice closing 9. T1'1'LU. (a)liI LN RUVIPW 0l yer sl aU llns<sho iigllln, Inllhe l'illc Unarmerps hY/AIANazI. Written notice Dy nlrynr of mnnerchansabilily of lisle t rat v,}other vn[ui{facbry Wlec ni bon sl rats lq Ile TiUcD CI em (VfdrtMa shall he sgneA by or ml behalf of noycr mW given mSeller on nr l el'oln five cola d r Jt}s tfhi Isle Urull nc,or rvllh,n Ilve (t) cak l hr days ancr rttmpl by &lyerrof any'1'ille Uunnncnl(t) or mWor',tunan(s) t I h 1g 1 my nxceprit ti(t) m Jm nllc tonumblm rt I rgcll er u ilh t w I Y f II a fide U r bl em ad bog ucsv Gxeeplion(s) In nlle. If Seller Anes uo(rneeivn noyu's uolite by Jle Anlrf.) 1 es hnl lhovc 11 yer aryls Isle < hl I d tide a Jnck se I by II a Llle Uucualenss as .wtisfncmry, (b)MA'i'IRRSNOI SIIOWNnY llllyPUUf ILRICUNUS.511 dll lhvcs nyOr, Vrlnlh fn fe llr01'111C DCa[IIIIIC SCI fVrllr 111 $C<Illrll one uql es f Il le .c(s)anl m y(s)In Srll it sec tin pro ugly WC 1'nlap and span discs <es slyer all enscuhnis, liens nr older mrn nmllers nor sl owl ly0 1 II 1 ~ krrf roluJr SJf It cabal kl owlnl Ul nr droll love Jh rig, ' nr } rrgm m the i ngretly ran tponn by Ibe 1 nldm ¢crrrAS (sndl at nlcnnrcundtd eawmenl. nureanJeJ ten« 1i r ( mrc11 m)•ulum JlscRpancy) i1lV liueo mdicets nl any unsai sfuuny cut Aw r I(s} dsJnsvd IrY Seller nr mvellt 1 by snJr inspection {hall be ng1mJ IY r nlhhalf of Unyer mN Siven to Seller oil r belnre ~~ Play 16 I') 94 If Seller Jnet r n rtcnve Ibryer i not ere Iry sans dme. Royer ncpepss IiJe sub}eel to mdr right{, fan of niud Ibryer hu aclbll ku nvh Igr. y, of OJrJ panic (c)SPNCIA).)A%IN(I UISTRI(IS SI'lil'IA1 IAXINf UISI'Iti(IS MAY UGSIII/lf(.T 9O ULIJFRAL OI)LIUA'liUN iNDCU'I'IiDNFSS I'f1A'I' IS I'Aili IIY ItPVi:NVi S 1 ROUII('lib I ROM ANNt1Ai IAX I f Vi1CSUN Ill1: TA%AI\LG PROPIA('I'Y WIIIIIN SIICII UIS'tRiCTS. I'IN)I IiRil' O\VNI'RS IN .CII( 11 UISIItIC'1'.S tsA1 ^i PLA2`I'U AI RISK 1'UR M( IEPASf:U Afll L LDVII'S ANU L%Cf:SSIVIi'fA%UIIRUPNS Ill tilll'I'UIfI' IIII! SGit VII INI OI .511('11 UI III \t 11LR13 ('lit( lihISIANdP:S ARICI RliSlll/I'INfi IN's 111; II~AnILiI'Y OI+SIICII A Ii1S'i'IgC'1' IU UISCIIAIt( 1' SIICII INUI II1'I:UNR.SS \VIIIIOU i' SIICII AN INCRGASIi IN Aili.l. LIiV/PS. nUYL'R SIIOUCA INVGS I'IGA'1'U'1'lIG UCB I' (USJ I!)d Vu I I war/Pan I , cal kIr Cora cl s ibly oral Scll Retl list,le / /S ~f-~ AkAllishr I cal II I I b (RIX))iJf IIII) pnpareA m 1 shoo k Cu. n! A j cn, ism , Aghr1 CO 925-RRIU hliliahJ Uy°J _~/ "l9LYr FINANCING ItIiQUIRChPVIP; AlIIN01(17.CU GPNCRAI. UIiI IUA'I ION INUCDfP:UNG5~7C11 DiS7 RiCT5, EXISi1NG AIILL '' LISV II:4 OI' SD(:11 UI$ I It '~RVI( IN4 SNCfi INUPp l1 UNf 94 XNU'l lll'PO'I'RN'(IAL i'OR ~ ':~R6ASB M SVCiI MILL h6VIL'3. lu lhce ride Pr Intyi I m I tl n Ivvnlr rc lab Iarnl pOy<r JrSlres In lerrrlLr'rIe JI3 cOrIIR'rd aaOR IIII, if Wf111CI1 nmiCC is gIV<II ' m Svllu r n or Lelmc Ihr. daa sin fanL nl snbwvpnn 911x) II is umba<I shill p mr Iciminalc. If Seiler does not receive ilnyer's nulke by ILc Jare specified nUov4 fluYCr avcgds II elf I r f II a 14+1 ly s u I feu n in snub sped) hx g I m I(S) uW elves ILc rigLt In so renninam. (A) ItIGII l 1 U CVRp. if Svll r I r i c. notice of wvnervlnnlvi I IyofLlle'v nI Y other unsllsfa tiory liilc candilirrn(s) as provlAed in subsection (x) or IL) above Seller vl II nse rcxo nl Ic elf n1 ur cancel said nnsmislavlnry cote conWhon(s) print to Ibe dale or dosbrg. If Seller foils to correct sail nnsalisl'adory line cnnJirimr(s) an or Lehnc llm date of closb+C, Wis connect :.hall rL i'inminam: melded, Gmvever, payer nray, by wriRes nnike receWeJ Ly Shccr on or before dos r g wmve ol4eul t 1 ur. I sfxt ) t Ile c ml n n (sJ~ In. INSPECTION. 5cller agrees to pr L II ry r s r i f m ffay /J- ~• ,1994 rviplaShcer's 14npmty Uisdosure faun con plate) 1 y Yeller I rLe 1 e (d 4 lie s orrnit tin I kmisvledgn: payer ar any Tlesigneeshall Lave We rigin Ur have Inspection(s) of II a plq sleet coact rion of II a IY qm y and InNns nos at pr )er Sexprnsc. If cannot notice of arty nnsaJSfaclory condition, sigmd M1y or on UcLalf of payer, is r of rccc veA by Seller on or I rf rrc See Addendume 19 99 _ (ppjeetion Deadline), ILc physical c n A Una of Ipe I4nl arty and Inclvs ors sl II I c Jemimd I i e sal sf l pY ^+)er If siivlilr u¢e k received Ly Seller as sei tarp! above, cool it payer and SJkr have not nCmeJ, yr emir g ur n s ale ni 0 emof s n I fiirc _ See addetsdumk . 19 94 114•s dr !lint UcaAlum) this contact sll JI Ienninale Three cal qr lays LJlirsvl +g the Resolution Uendiine unless, within IGe Ihrce ealerMU Jays, Seller receives written notice from payer waning dlgemum Ib any nnsaiislactnry conJniml. payer is rerywnsrLle fur enJ shall pay for any drnlage which occurs Io We Pmpc1ly and Inclusion as a rcsnts of such inspecllnn. IL OA_I'LOI)CLOSINti. 7lie Jale hfdrn gslixll lx JeppaYV 3. 1995 or + See addendum ,19 _,or by nminal agreeumm al Cn curlier Ame. "I lm boor nuJ I lave of cursing sLnll hr as ilesignateA Ly Joshua b CoIllpapY 12. TRANSpER U7~'l ll'LE, Suhjeil to IcnJer or paymem al dnsitg as tegnireJ I¢rcin enJ tromjdiana by prryer with the npter 4mrs nnJ pmvisions hereof. 5cller d all cxen m enJ Adivcr a goof anA ndlutcnl general WaFraptY JceJ m Ouyeq on Nosing, conveying pie Properly Imes I I retell tat excq ale gore 1l sett rlhe yeah fd Sr g, rhJe vlt posse 7)Ile shall Le conveyeJ Irec enJ clear of all I v rs f I cu I I u i Is stalk) s of lh Inc or p yet s g mum bmeml, whether asseswd m our; except (i JrsUibnlion utility easel m is f ch l f call I Vl O ll + vn II t I lY n I TIC D c c ns a gs1eJ liy Iln)er in ac<onlanee wpb aWsecpm+9(a), (iii tlurse ri8lits, if any, f p I I ~ vvs m p 1 qn rty m r sl r vn 1 } rl c I nlrlrc ma r I i r vicniA ncc waL sirbsdcl r 9(Ir), (ivj Irkhrcims ohLe 14apeny wiNia any specUl gxiug district, enJ (v)snhjal ro Inldding and inning mgnlmions: U. PAYMENI'UP ENCUMRRANCI?S Airy endiiiubran<e raprirerl nr be I aiA shalt Le yaid al m Lefine dux ng from lire proceeds of Wit Imusazpon nr Rom any olLer source. Iq CLUSINU CUSPS UOLUMCNI'S ANU SERVICES. payer niN S<Iler shall pay, in GnuA 1'm+ds, Weir respective closing costs enJ all other moss mgnireJ nr he Pai I t d s r g cxnl t ax r Ibenvt c pruvidnl herein. Ihlyer anA Seller shall sign amt complete all customary or require) docmmm~s e1 or I Jnre dov+g. Pecs fii I edam dosurg scrvmes shall not exceeJ $ 300.00 aoJ shall be hail at dr sing Uy Seller anal Fur~haser egually 508 each .'D+e iu2ol toaster ux of O R dlhe plV<IraSe pr lee Shall tit pal)at vlonng by NL__ .Any salts enJ nse lax that nmy acetic Irernuse ref Wis Vansadinn shall Ge paiJ when Jue Uy N A_ I5. PItURA'1IONS General costs rnr d e Yo r ! d rsing l nrJ nn die coxes for the aicndar year hnnxdia¢•Iy pmecJing dosing, rents, water nW sewer chmges, hnnxowner's asocial m dins, anA. nacres! on cmmm~mg tome(s). if any, cool sLnll be prorated to Jale of closing. ~. I6. POSSPSSIUN. Possession of the Pngrerly shall be Activate) Ur pl0~er as fopows:dellverY of deed at d da Ce f loein subject to llle follawing leatds)or tenm¢y(s): cone !ails m Deliver possessiol tin the A.vte heein specified, Sdicr shall Uc sulrjed Io evidi $ 100.00 per Jay Govl We Jnte of agree) possession u _. If Selleq after chising, Payumnl of I] CONUIIIUtJ OPAND UAMAGE7O PRUPER'1 Y I cc~ 1 u olhm rse pmvrcleJ inlii s ennead ibe Property auJ Indnsim+s shall Ue ddlivmed in tlx cnnAilion exrning as of We dare of ibis oannad. culinary near anA rear excelrle I. GI Ibe evem Ibe Ropeuy shall Le Janu eJ Lfire or older ensnall mr In Uum of closing, in an nmovm of not nwrr llun ten percmn of the anal pnrduse (nice, Seller shall be oLligamJ ur repaiNhe same Lefixe the Jarc of dosinS. m Ilre evem sorb A:unnge is uol rcpaireA within said lime nr i(tlre Damages excmA sacL sun+, This conlmd may he IennirumA st Ilre nypon o! payer. 51¢ndA nnycr elect m carry inn Ibis ennlriet dcspim tech Annugc, Moyer shall Le cmillcl m urAit for ail the iirsnrmree pnkeeAS resulting from snch dnnmge to the I4npvty mUl Gldnsinns; net exeecding, hnweveq the coral pwdnrse price. SLon1A any Inclusinnls) m service(s) fail nr Ire JmnageJ Leiween the Jam of This anmut enJ We Aam rfcl. rg II Ile !I .. e.. Id I Il isrnl. pen Seller sl Il lb liable for OC rep mreplacm rnf mL Invlusir n(sl nr scn ice(s) p r (f. r nl r ge a i l r l q e l riv I l t c edit, Icss a ry nrtamnce proc ads re<eiverfiry hnyeecoverLrC snch reVmr or mpheemem 'ILc rsk f I ss far r y h gri r gro i g nips, Try fire r ether mxualty, shall be bpn¢ Try the party cnlitleJ to Ibe growing dups. if ary as purvidcJ m 5ecll 2 n r I udr pally sLdl be entitled to tint nmuarrce Vroceeds m Lencfi6 for Ilk Growing crops, if mry. iR. ] IMIS Vir f355fINCP Itl!Rlltbiil5. 'time ix of Ibe essnmcliecof. If any ante ortbeck receiv<J as eanv:n mooey hrreander or arty older paymem due hncnndcr is not paid, homnml nr Icndmal whin Jne, m if auy alimr oblignlian hcrenndcr is not pm(orineJ br wnivni as herein piaviJed;Yliem shall bdWe following renmdics: (a)IP UIJYI_R IS IN UEPAVL'I': ICLcek one box mdy.J ^ (V$PEGIFIC PERPURMANLLr. Seller may elect In rtem This conned as eanedlel, In wLidt case all payments auJ Things of valve receired n:renuAcr shall be fm fcae I J r i iixd tin i vhalf M Seller, m I Shc r n+ay recover snch Jnnmges as cony he pnrpeq m Seller auy elect Ia rtem ILis cmmad s being in frill force cold elfed m J Seller sl ell b e the riglil I sl <mLC pmfunnm¢e or dmnages, m ImW. F/.J (2)LIQVI-A"1'13D UAMAOES All payments and ihhgs of v»Ine received Oeannder shall be forfcimJ Try Royer and retained tin Isbell of Seller mJ hold pmxs shall Illere flee I e eleam flnuu all oLligimms hermmder. Ii is agrceA Ihnt snch paynxms nnJ Ibings of valim are LIQtIIUATGU )AhIAOP:S and (ucepl as pan uleJ m s~hsccfon (q bre SF,LLER'S SOLEANU ONLV RGRIEUY fm pnyeYS Gihm In perfume Ibe olrligalions of Wis ontram. 9NIer expressly cavil es We mnleWes of speofic perfnnnance enJ .vJAilionnl Janragds. (b)if!56LLLa_R IS IN URPAVL'1` IG per any elect to veal This coolie I as rnncelleA.: r uh vL case all payr Icnls uni Ibings M valne received I¢rrwnicr shall ire relmned noel payer m)' rca s e s d Jmriages as may he proper or Ouyn may elect In brat W s cam sl as l cr g hr foil force auJ effect enJ Driyer sLali have We righi to specific afnrmence or dmnages. or both. (c) COST'S ANU 13XPRNSRS. Ariylhing m the cnmriry hi~rcin nirnviilislmiding. in Ibe event of mry mbinalian or iitigapon arising amt nI lids vumcl, ILc mLiumar nr wren shill award Ip Tim Prevallingl'mty all reamunlde caiLa enJ expeusa, indnAbg aaonxy fees. ). 1?ARNESI'MONIIY UISPU'IP.. Nriti iA¢imrAing any icnuinarinil of This conlmet, payer nnJ Seller agree thin, in ILc even of any ennlroversy reganling ennxst mm~cy and ILing.a or valve LdJ by broker nr olosiog ngon, nnkss nnilnal rvriucn inxlrvctions arc recdvcJ by tix holAer of We ernmst maney and begs of value, looker or Nosing again shall net he ngnircA In cake auy action bv1 any arvah any pu¢aAing, or m Gurker's or closing agent's option enJ sole scrdinn, auy inlegrkaA MI parties and deposit any nlonrys or )rings or value into a anal n(<mupdentjmisdiaimr and shall recover court costs cold uonnLlc nannmy fees. AI_IPRNA II 1; UISI'V'1IS It[SUhI111ON: AIL'DIA71ON Ifn it n ettl r Wep le datl+C tr ll V rl dtl pat gr Ir sabndt ~dxpurvlnnl., Ilepmuw wlllprinllY al per nl mr n'<1111 1¢Arnor~ IwJl sAVe eq wily in pe earl of er I n¢dralnr. ire esl adon suscessrnl. ILc pvlres m.lp Wen pnxecA wnh mnM1 nlhel nxmn of Aispnm resalolian as Ilxy so choose, proves CIIS) IAd Vacutl f aaJlf ae r m I Rn rtl canoe r I Rny nail S<II Rcal Isom ~-~.y- AlcAllismr PnblisLing (AIN1117G 1027 i r •pard 1 11 scion kTo: of Mpmr, brc:; Asslxn CO 925~SSII1 hiiU.vleJ by ~/~ y,J 2I. AUUI'1'IUNAI. PRUS: - 8 ,. ' 22. RI!L'OMRfONDA'1'ION OR LD(3AL COVNSOL. isy signing this Jmcnn;col. Dnyer amt Seller acknorvleJge Thal We Selling Company or the Llsling Company bas advise) Wnt Uris Juannent has inrpnnanl Iegal cairsegoences and has rernnunervJeJ Ure examinatimr of lisl<and eonsuldlion whh legal anJ tax nr other counsel before signing Ibis munacl. 27.'PIlRMINAIION In the event this contract is IeniriiralcA, all payrnems iuJ Ib ngs o(value ¢ceived hereunder shall be returned and Ibe pasies shall 6e relieved mf all nbligatious hereunder, subject In Scdimr 19. 21. SRLLWU CUM_PANY IIROKOR ROI:A'17bNSfiIP 'IYm <eilinq irrirkv oahpe b Co of Aa )en, Lno end ilp snlcspersaus have beer cngngai as Dyer Drokera .Selling Cmn(sany has pievinusly JisdvseJ in writing m Ibe Dnyer Uml Ailfeicm relalinirships arc nvailalrle which incluJe buyer agency, sdicr agetrcy, subagency, or Iransaminn-0rnker. 25. NOI ICO'1'O OV YI±R Airy nonce In Outer shall he effective wirer received by Dnyer, nr, if this Ima Is dmekr~T when rcedvad by Selling Conrpmry. 2h. NOI'ICO'i'U SOCCER. Any m rum m Seller shall be effective when receivcA Uy Shcer or Li<ung Carnpsny. 2]. MOUfRIG'1'IUN OR77IIS CUNI'RACR Nn erbseque t r o<lilicaiiiin of any of ilia lama of Nb contract shall be valiJ, binding ripen We panics, or enfo¢eable unless made in writing and signed by U¢ psnies. 26. ONI'IRDAUROOMDNR. 'I'bis nmlmct rnnniancs the entire cmnmcl between Ibe parries relating to Ure subject hereof, anJ any prior agreemens pctlaining Iherem. whether nrnl m rvriuen, have been nmrgcJ and imegralai into this conaacl. M. NU'1'1(al Op ACL`ORI'ANCO: L•U11N1'i RPAR7 S: 7ha yngmsalsbnll aphc unless acrcpmd in writing, by Ihryer mW Seller, ps evidmrceJ by their vgnntmes blow anJ the offenrigl any tern es notice of such atteplance mr or befom April 29, 5 Pll , ~q gq ' (Avicephnec UenJline). If ccq t 1 tins Jouune n slOli Gecnine ~ cr nimU 1 ehvicen Seller eN Dnyer A copy of Ibis docwne9l may be ezeculed by each parry, sep~t/ra6m~l/y~J,('ja/nA,when act ~~ ty~In~x,/u~a~a)m 1 n aCnpy UrerenL m h aolnes Inknr sogelher sbail be -eon=ed to Ire n toll mW conrpiele contact between Ure pasties. Ilmycr Leslie c. Strawbridge Dnycf sarles W. Reatlvo -' Uam of Onycr's signnmre April 25 ,I9 gq U;ne of Omycr's sgnamre Apri125 ,ly 9q i ' Umc of Sellerssignaunc April 28. ,1999 Umc of Selicr's signalmrrl_april 2S. 19 94 Shccr's nAArcxs0252 167 Road Glenwood 5 cringe CO 81601 'l lie UndersigneJ ilrokegs) ackoonicdges mceipt of We emneat money deposit specified in Semion 3, atW Selling Company ~ ' confirms its Omker Relationship as set fartir in Seclimr 24. ,.. BellingConrpxny - '. '. JODllpd b CO Name enJ AJdwss " lY~ April 25. 1994 19 Wendstin Whitman Uaro knirrg armpany N/A N I AJJmss Y __ __ :k Note: Clodng Inslrmeiana shoal) be NgneJ al the lime (tile eonlseal G 6igned. ('053 I-9d Vacant LarrJfi;m a rd R h Corn ul w buy and Sell Real psmte .McAllister Pr blrslUng (Ffp)A6 i112 paled xl Lrshna k Co. nl Ary ii, dec.. Aspen CU 923.ABIf1 Initialed by TRY >. ® O COMMITMENT FOR TITLE INSURANCE " ` `'~ ~ ~~ SCHEDULE A L[ {J 1. Effective Date: 05/01/94 at 08:30 A.M. Case No. PCT-8962 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-Form B-1970 Arnount$ 150,000.00 <Rev. to/so> Premium$ 623.00 Proposed Insured: LESLIE C. STRAWBRIDGE and CHARLES W._RESTIVO (b) ALTA Loan Policy, Amount$ cRev. to-got Premium$ Proposed Insured: Tax .Certificate $20.00 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: BONNIE V. TERLIAMIS 4. The land referred to in this Commitment is described as follows: A parcel of land situated in the Wl/2 of Section 22, TSS, R87W of the 6th P.M. more partictzlary described as follows:' Beginning at the NW corner fo said Section 22, thence SO°59'02" W. 3510.10 feet to the True Point of Beginning, thence S88°54'42" E. 1317.76 feet, thence S1°00'46" W. 1283.76 feet, Ehence N88°57'06" W. 1317.11-feet, thence NO°59':02" E. 1248.68 feet to the True Point of Beginning. COUNTY OF PITKIN, STATE OF COLORA"D0."` Countersigned at: PITKIN COUNTY TITLE, 601 E. HOPKINS ASPEN, CO. 81611 303-925-1766 Fax 303-925=6b27 INC. Schedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. ..., , r. , r Bonnie V. Terliamis 0252 167 Road Glenwwood Springs, CO 816.01 June 21, 1995 TO WHOM IT MAY CONCERN: Please be advised that,. Leslie C. Strawbridge has the r.._ autority to represent. my interest in the economic hardship/takings determination hearing for my property identified as Parcel ID# 2465-223-00-008, AKA Lot 6 in_ the West Sopris Ranch.subdivision.. ~~ J Bonnie V. Terliamis Tuite, the motion passed unanimously. LAND USE PUBLIC NEARINGS: WAOHTEL (LOT 29) 1041HAZARDREVIEW ANDGENERAL`SUBMISSIObI -MOTION TO TABLE TO MAY 10."1995 ~=`fiim Malloy, staff planner, explained that the Board reviewed this application `on May lo, 1995 and tabled final decision to allow the Board to conduct a site visit to determine if an alternative building sites exists which reduces the wildfire hazard. However, the Board has been unable to visit the site as yet. Therefore, staff recommends that this item be tabled to June 20, 1995. Ireland opened the hearing to public comment. There being no comment, he entertained a motion to continue the public hearing to June 28, 1995. Ethridge moved to table this matter. and continue the public hearing to June 28, 1995.. With a second by Child, the motion passed unanimously. GENERAL SUBMISSION - MOTION TO~~'~APpRO"C-E" _ "Rick Magill, staff planner, introduced this item an application, submitted by Chuck Restivo and Leslie Strawbridge, for 1041 Hazard Review and General Submission, to allow construction of a single family house. He said the 1041 issues involve severe wildfire, geologic (slopes in excess of 30% and mancos shale) and wildlife habitat (elk and mule deer winter range, and proximity to elk critical habitat). Also, the existing subdivision roads have been determined to be inadequate for emergency response vehicles and personnel. Magill proceeded with his presentation as outlined in his memorandum. A copy of this memorandum with attachments is attached hereto and made a part of this record as EXHIBIT "A°. Suzanne Konchan, Planning Director, noted that during the processing and consideration of the Gordon Goodwin application, the Board directed staff to prepare a letter, which was subsequently signed by the Chair and sent out to all the property owners in the Terliamis Tracts requesting that they consider a clustered and joint review process. Lots 3, 8 and 10 are currently in process and are proceeding to the Planning and Zoning Commission at this time. However, she said that she does not think this joint application that is being processed, a very tightly clustered proposal. She thinks the Board and staff was hoping that they would see some lot adjustment proposals and some reconfiguration of the lots, and they have not seen movement by any of the property owners to pursue that avenue. Ireland advised the applicant that what she has here is a site that is going to be a sequel to young men in fire, and we don't want to BOARD OF COUNTY COMMISSIONERS 4 JUNE 14, 1995 see that happen. The alternatives are 'one, complete denial and subsequent hearings about the value of the. property, etc. The other alternative is for her to get together with her neighbors and discuss a merging and then put the houses where they would be safe. The applicant, Leslie Strawbridge, submitted a copy of several photos of the site. A copy of a photograph and a site plan of the site. A copy of these are attached hereto and made a part of this record as ERHIBIT "B°. Strawbridge proceeded with her presentation regarding the application, specifically with regard to how they plan to mitigate the fire. hazard. She said they fully recognize and share the County's concerns about wildfire, and agrees with all the conditions set forth in the resolution. They fully intend to incorporate fire protection measures right from the beginning and wherever possible in the design process. Also, they are exploring the possibility of a lap pool that will have the potential of a water source of approximately 15 to 20,000 gallons of water. They would consult with the fire district to determine the location of a hydrant connection. They have also agreed to a sprinkler system as outlined in the recommended conditions. They would be willing to install additional sprinkler heads in areas that are not required such as garages, crawl spaces and attics. The Basalt Fire District fire marshall has told her that they feel that a sprinkler system would provide the best protection. Also, Steve Crockett, County Emergency Coordinator and Kelly Rogers, with the U.S. Forest Service have both indicated in their comments to the P&Z that if their suggestions for fire mitigation are followed, the wildfire issue would be substantially and adequately mitigated. With regard to the road, Strawbridge said there are several other areas in the County that have non standard roads including Reudi, Castle Creek and Conundrum to name a few, that at any time due to weather or nature, emergency access vehicles may have difficulty reaching some individuals. This is usually well understood by individuals who live in rural mountain areas. Also, it is her understanding that all emergency vehicles in the county have either four-wheel or front wheel drive, and that the operators are generally experienced in difficult conditions. With regard to their section of the road, service and utility vehicles have regularly and successfully accessed the present residences for years. The Basalt Fire District has not requested or required any improvements to their section of the road. However, they do intend to create a pull out along their portion of the drive to accommodate two way traffic. In addition, she would volunteer to organize a road improvement district for the purpose of upgrading and maintaining the existing roads in their subdivision. Strawbridge summarized that they feel that the intent of the land use code is to provide minimum standards and guidelines that will enhance the safety and the well being of individuals who are BOARD OF COtTNTY COMMISSIONERS 5 JUNE 14~ 1995 E"~ r~ building homes in Pitkin County. They are in agreement with all the recommended conditions set forth by the P&Z and feel that their project will exceed those guidelines. They have a very high standard for their project and have agreed to meet that standard without exception. They respectfully request that the Board consider this information. in their deliberations. With regard to the letter the Board sent to out to owners of the property in the Termliamis Tracts, she said their application was already in the__process when this letter was sent. Had it been brought to their attention ahead of time, they would have been happy to consider that. Ethridge said the problem the Board has is a community wide problem and he thinks their awareness has been heightened by the events of last July on Storm King Mountain. What the Board is trying to deal with is subdivisions 3ike this one, and frankly this one would never. be approved under the current code. Human nature is if you see a wall of fire coming toward you, you don't think about staying in your home, you want to get away. Most of the people killed in Oakland were not killed in residences. They were killed trying to escape the fire. So it is a very difficult issue. for the Board to deal with. He still believes there are options that the subdivision should undertake as far as clustering is concerned; moving the development further down the road, if nothing else. It would involve a resubdivision of the property, which he would be certainly willing to cooperate in that matter. But looking at the recommendations, he can't, in good conscious, approve a development in a severe wildfire hazard area. Ireland agreed that the Board doesn''t really seem to have a choice, under the. existing code. There is no dispute about whether this is severe wildfire hazard area and that the property is totally within severe wildfire hazard area, and that the County Commissioners, in good conscientious, couldn't make any other finding that it was not in severe wildfire hazard, and therefore, under the code, requires that we cannot permit a development site there without a further hearing, which is called a takings hearing. He thinks the proper thing to do here is to have a motion to deny and let the applicant have the opportunity to enter into that process as soon as possible. and work it out there. Therefore, he would make a motion to deny. Ethridge seconded the motion. Ireland opened the hearing to public comment. There being no comment, he closed the public hearing and called the question. The motion passed unanimously. AnRMTl: f•Tf1N , ~. •...~ .. ... o~,. cvic n a~ntcitvti u1v JULY 5 1995 - Tlm Malloy, staff planner, said that the Board reviewed this application at the February 28, 1995 regular meeting. At that meeting, the applicant and staff recommended tabling to allow the Board an opportunity to BOARD OF COIINTY COMMISSIONERS 6 JIINE 14, 1995 ~. Basalt Fire-.Rescue PD Box 801 Basalt, CQ 8162? (970) 927-3365 Date July 1.0 ,1895 ~~ Ms. Leslie Strawbridge 8 Mr. Chuck Restivo Box 587 Basalt, CO 81621 Re: Lot 6, West Sopris Ranch Subdivision Dear Lesl"re and Chuck, As a follow up to our meeting this morning, the primary carocem was about the access road. The road leading up to the property is a private road. The fhree most Nkely ' scenarios involving our district would be a structure fire, a wildfire threatening fhe structure oral medical emergencies. Since a structure fire could occur at any time and road conditions (snow, mud, etaJ could affect response time, we would require the entire structure to be sprinklered in accordance with N FPA Standard 13D. The presence of an approved residential sprinkler system would mitigate mast of the threat of a structure fire. The district's response would most likely only require one of our smaller 4WD vehicles to check the fire out after the sptinlders activated. This "in-house" response would far exceed any response ttte dstricR coukJ provide. In the event of a wildfire threatening the structure, the road should opt pose an immediate problem. Ourfirst due apparatus could aocess the property in the'event of a small fire. We would like to see a 25' radius pullout /turn around across the road from the building site built to support the 8Q,000 tb_ vehicles that might respond. We would also Like to see the water supply tank placed nearthat turn around. tt should be increased to 2,000 gallons in compliance with our current requirements. This water supply is primarily for fhe use of the district to keep a fire from spreading from your property t4'others in the area. As we discussed, in the event of a serious fire, there is a very real possitality that the district would not place firefighters in a position to protect the structure if the fire conditions made it too risky. The structure should 6e built to "stand-atone" in a wildfire. 1Atildf re mitigations such as brush clearance and construction techniques such as those used in California should be used. The bash clearance will most likely need to be more extensive than the basic Pitldn Count standard, es "`"" y pecialfy downF4ll from the building. Bou(de~ City and County have some buikting codes that might provide some alternatives to consider, ~~ JULI '11 'l JJJ 11'VJ ~~~Vii L•.,.~~IIJJlivl. ~ _ `yJ y ~~v .i The Chem-X foam system you mentioned also. is a good idea. It has had some very good successes and may be a practical solution. Medical emergencies should not pose a problem since all of our ambulances are 4WD and able to access the road in aN reasonably foreseeable conddions I hope this. answers your corxerns. if you have any questions, please tail me at 9273.'i6s. Sincerely. Steven Howard Chief, Basalt Fire-Rescue e, ~rr STATE OF COLORADO Roy Romer, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Perry D. Olson, Director 6060 Broadway Denver, Colorado 80276 Telephone: (363) 297-1192 11-16-94 Pitkin County Planning 130 S. Galena Aspen, C0 81611 .Dear Rick: REFER TO- ~_ For Wit For Pe Restivo/Strawbridge's Lot 6 oP the Terliamis Tract along~Wes~ Sopris Creek lies within elk and mule deer winter range`and is adjacent to critical habitat for both mule deer and elk. Black bear inhabit the area and have caused damage problems to some of the homeowners in the subdivision. Placement of a low profile home (as stated by the applicant) immediately adjacent to the main access road in the sage flat, as currently mapped, while using the oakbrush clumps to screen the home should help minimize wildlife impacts. This is important along the east and north side of the building envelope. In addition the following will help minimize wildlife impacts: 1. Vegetative screening may be needed along the north and east sides of the building envelope to help screen home and activity from draw .and knob to the north"and east. These areas, especially the knob, receives a substantial amount of use. Screening should be native vegetation (i.e. - pinon pine, oakbrush, juniper) 2. No dogs 3. All utilities be buried 4. All fencing be 42", 4 strand or less with a 12" kickspace between the top 2 strands. Rail fencing be 48" 3 rail or less with at least 18" between 2 of the 'rails 5. All garbage be kept in approved bear proof garbage containers (North American Bear Society specifications) 6. Horses be restricted to building envelope and all hay be fenced with 8' game proof fencing provided by the applicant Thank you for the opportunity to comment. If you have any questions, please give me a call. Sin ly, ~ ~~ ~ District dlife Manager Carbondal DEPARTMENT OF NATURAL RESOURCES, Kenneth Salazar, Executive Director WILDLIFE COMMI ION, William R..Hegberg, Member • Eldon W. Cooper, Chairman • Felix Chavez, Member • Rebecca L. Frank, Member Louis F. Swift, Member • George VanDenBerg, Member• Larry M. Wright, Member • Thomas M. Eve, Member February 3, 1995 222 S. 6Cde 5trre~x, ~OSn 1(y`imad :ImGRCm, id084504 `reSePbome (b03!'24g~732S Rick Magill Asperajp%tkin Co4r~e4unity Development Department 1~C! 5. t3alena Street Aspen, C4 81611 Re: RestivojStrawbridge 104.1 wildfire Nazard Review Dear Rick, a have reviewed the building application €trr the RestivoJ5trawbridge lot in west Sopeis Creek subdivisian, submitted by"Chuck Rest%vo and Leslie St-wabr^idge, and W%sited the site on February 2, 1995. t have the following cam4nents with regard to wildfire hazards. Vegetation an the Restivo lot consists ofdense to patchy oak and serviceberry brush approximately 4 to lD feet in he%ght, interspersed with sagebrush and grass. Slope is 15-25& across the building envelope, although slopes directly betox the proposed building site are steeper. The building envelope as identified on the site plan contains clumps of oak brush with sagebrush understory. The site has been mapped accurately as "X: severe hazard - brush`°; the vegetation and slope an much of this and the adjoining Tats pose a significant threat from wildfire. Ender favorable burn%rag canditians, a fire originat%ng below this site would probably be quite intense and difficult tp control. The wild€ire risk should be mitigated substantia lly by implementing the measures specifiedunder the""Wildfire tFazards section in this application. I recommend the follow%ng mitgaiian measures be taken on th%s site %n addition to those listed in tkie application: -Defensible Space thinning as specified in the appl%cation should be aampleted far a minimum of 6D feet on the downhill side of the proposed structure due to the steepness of the slaps. 1 have some additional concerns regarding access to this parcel. Tl4e current access road"does net meet CSFS standards for grade and width, and does not pe~ovide for dual tingressjegress ~ta the area. In the event of a large wildfire in this area, the high hazard fuels along much of this road combined with the relative remoteness of the site might limit access far emergency vehicles into this and adjacent parcels. For these reasons, it is even mare important that the. applicant understand the potential risk from wildfire, and thatappropriata mt-igation measures as outlined in this letter and the land use appl%caton are taken. . TEL: Feb 03'95 13:53 hdo.003 P:(J~i0~`" ~t Please eorttac$ me if you fiave questions akaout thesE aprrm~~ts. 5incereiy, Kelly Rogers Asst. t7istrict Forester ca: Steve Crockett, Pitkin C©. Sheriff's Office Chuck Restivo Steve Howard, Basalt 8e Rural FPp MEMORANDUM "~ _. TO: Rick Magill, Planner FROM: Steve Crockett, Emergency Management Coordinator THROUGH: Bob Braudis, Sheriff DATE: January 30, 1995 RE; Restivo/Strawbridge 1041 Comments After conducting a site visit on 9/13/94 with Chuck Restivo, the applicant's representative, my general concerns with the Restivo/ Strawbridge proposal revolve around the wildfire hazard on the proposal, access/egress to the area by emergency response personnel and water supply for fire protection. The proposal lies within an area that has an actual wildfire hazard of X - SEVERE HAZARD: BRUSH. The surrounding vegetation on the proposal is comprised of mostly of sagebrush with scattered, heavy, dense stands of vertically and horizontally contiguous 12' to 15' high, mature oak brush with sage, service/snowberry understory. The slopes on the proposed building envelope are east facing, 15 to 20% on the actual building envelope and 35% below. Access is via the existing, lohg (1.5 m:), narrow, single lane,. unimproved access road that has portions of 18$ grade. Unfortunately, the whole lot appears to be covered with the same type and density of vegetation. In this instance, where no other lower wildfire hazard building site available and due to"the severity of the hazard, the wildfire hazard mitigation recommendations necessary to adequately mitigate the hazard in addition to the "Pitkin County Sheriff's Department Standard 1041 Wildfire Hazard Recommendations" should incorporate the all the Pitkin County Code Section 3-807, C, 4 "Structural Design And Construction Options." My specific wildfire hazard mitigation recommendations are as follows: - The "Pitkin County Sheriff's Department Standard 1041 Wildfire Hazard Recommendations" adjusted for slope. - Pitkin County Code Section 3-807, C, 4, a-e "Structural Design And Construction Options" If you require any additional information or assistance please do not hesitate to contact me. cc: John Denison, CSFS Steve Howard, BFD rs1041.95 ~~ MEMORANDUM To: Rick Magill, Planning Office From: Nancy MacKenzie, Environmental Health Department ~~~ Through: Lee Cassin, Senior Environmental Health Officer Date: November 21, 1994 Re: Restivo/Strawbridge 1041 Hazard & General Submission Parcel ID # 2465-223-00-008 The Aspen/Pitkin Environmental Health Department has reviewed the details of the Restivo/Strawbridge application under the authority of the Pitkin County Code, Title II, and has the following comments. ADEQUATE PROVISIONS FOR WATER NEEDS• 5ection_s 2-6 and 5-205: "It is the policy of the County tdensure that land is not committed to any use andthat no use isinitiated without adequate evidence that awater supply of adequate quality, quantity,pressure anddependabi City is available to support the use intended." This Department needs adequate information on the ..quantity and quality of water available. This can be done from tests of wells present on-site by a water engineer's or well driller's report. The applicant must ensure that the water quality is acceptable by having it tested by a lab such as Snowmass Water and sanitation. Be ore a septic permit can be issued the location of the`well must be indicated to assure that setback requirements from the well to the septic system can be complied with. It is recommended that low water landscaping (xeriscaping) be used and that the timing of any sprinkler systems be decreased for low water plants. `The Colorado State University Cooperative Extension office can be contacted for more information on xeriscaping. A condition of approval for this application is receipt of information documenting the location of the well and quantity/quality of the well. SEWAGE TREATMENT AND COLLECTION• Sections 2-7 and 5-200: "It ;s the policy of the COUnty toensure that land i sndtcommitted'to any use and that'no use is i vitiated without adequate evidence that facilities to collect, treat and dispose of ant ici pared types and quantities of waste eater are available or can andwill be provided with suitable capacity, quality of discharge, suitable point of discharge and dependability". 1 k ~ ,. Lots in the West Sopris Creek area are served by individual septic systems. All such systems installed within Pitkin County require septic permits issued by the Environmental Health Department, and must comply with the County septic regulations. To receive a Septic Permit, the applicant will need to submit a Septic Permit Application and appropriate fee with a completed Soil Data Form including perc test results and grofile hole information. It must be possible to design an adequate septic system before a building permit can be issued. The Aspen/Pitkin Environmental Health Department will design the system for the applicant as part of the permit fee, unless an engineered system is needed, which we determine based on your soil test results. An engineered system is required if any one' of the following conditions occurs: a percolation rate faster than 5 mpi or slower than 60 mpi; maximum seasonal lever of the groundwater table or bedrock less than four feet below the bottom of the proposed absorption system; or a slope in excess of 30%. The geological report from IJicholas Lampris states that there may be areas of near surface bedrock in this location. We believe it will be possible to install either a conventional or engineered septic system on this lot based on the data in the geological report'submitted by Nicholas Lampirs and after studying the Carmichael Surveying, Inc. 104T Hazard Review Map. The applicant will need to adhere to minmum'horizontal setback requirements for placement of septic. system components which should be no problem on this large lot. The leach `field will heed to be located a minimum of l00 feet from their well. The leach field should be located in an area of no traffic, planted with dry land grass and should not be watered. It is desireable to locate the system below the house so that the system can operate by gravity. The applicant should refer to the Pitkin County Sewage Regulations for detailed information. Unless designed by a registered professional engineer and approved by this Department, no soil absorption. system shall be permitted in areas where the. ground slope is in excess 'of thirty percent (30%). We would like to clarify a statement in the application. "Infiltrator" type systems are not gray water recovery systems. We can discuss specific types of systems with the applicant once we get the soil data. A condition of approval for this application is the receipt and approval of the septic permi£ by the Environmental Health pepartment before a building permit can be issued. 2 ""' ~ WATER QUALITY IMPACTS: Sections 2-22 and 5-107.2: "It is the policy of the County to preserve and protect its present water resources: To this end it is the policy of the County that no lariduse be initiated uti icF could adversely affect the quantity, quality, or accessibility of the County's water resources; o~whieh could occur at the expenseof"establishedwater- dependent agricultural activities; or which would result inincreased salinizat ion bf water resources, loss of minimum stream flows, further destruction of wildlife habitat, or major expenditures to reaequi re 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 surfaceand grounduaters ofthe area are not encroached upon by land usesdr other human activities uh ich cautd causedeterioraton of water quality or im~aih the natural treatment processes provided by meadows and wetlands." The Environmental Health Department will be addressing water quality impacts only on down stream water quality. This application is not expected to impact down stream water quality if the minimum horizontal distances between components of the system and physical features are in accordahce with Section 4-4 of the Pitkin County Sewage Regulations. A condition of approval for this application is: None AIR OUALITY: Sections 2-17 and 5-106• Only that development is permitted which will not contribute significantly to degradation of air quality in Pitkin County. Developments may not constitute an indirect or direct air pollutionsource. This. project is not expected to contribute significantly to degradation of air quality`n Pitkin County. The applicant must file a fireplace/woodstove permit with the Environmental Health Department'before'the building permit will be issued. The less densely populated parts'of'the county like West Sopris Creek may have one wood burning fireplace and one department certified device or two department certified devices per building. In addition, unlimited numbers of decorative gas appliances are allowed. Coal may not be burned in any device. No wood burning device may be installed in barns or`agricultural buildings. A condition of approval for this application is the receipt and approval of the fireplace/woodstove permit by the Environmental Health Department before the building permit can be issued. CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAW$• Section 2-2 'dc ., . Is the policy of the Cou~ty to ensure that'no u'se or dev`~ ~ "' ~"" ~ `- _ . elopmen£ o~~larx~~is permitted wlii dh is in violation of the taws of the Count the State of Colorado, or the UnitedStates of America." This Department is not aware of any issues. of concern regarding other environmental health laws. . ENV:LIP:LAND_USEERestivo.straw. 7047 3 ~ ~ M E M O RAND U M TO: Rick Magill, Planner FROM: Joanna S. Schaffner, Zoning Officer /' DATE: November 29, 1994 RE: Restivo/Strawbridge 1041 Hazard Review & General Submission Parcel ID# 2465-223-00-008 I have reviewed the above referenced application and offer the following comments. ZONE: RS-30, thirty acre minimum lot size This parcel contains approximately 38 acres and is conforming in size. SETBACRB: The required setbacks for this parcel are: 100 foot front yard setback 50 foot side yard setback 50 foot rear yard setback The proposed building envelope' lies outside of all required setbacks. FLOOR AREA: This site is allowed 15,000 square feet of residential floor area. Agricultural buildings are not included in the calculation of floor area.. The applicant-.:has not represented the proposed size of the residence. HEIGHT: Sufficient information has not been submitted to determine compliance with County height regulations. 1 x ~~ ~ I Leslie C. Strawbridge Charles W.M. Restivo P.O. Box 1582 Carbondale, CO 81623 (303) 925-4550 November 23, 1994 ..Timothy Whitsitt Pitkin County Attorney 530 E. Main Street Aspen, CO 81611 HAND DELIVERED RE: Parcel No. 6, West Sopris Ranch, Pitkin County, Colorado Dear Mr. Whitsitt, On August 3, 1994 a potential purchaser of Parcel Nd. 3, Lauren Graves, con#acted us requesting access through Parcel No. 6. Miss Graves was informed by us that as our house willbe within 15 feet of the road we were not desirous of having adtlitidnal traffic on the road; we suggested that he pursue any of number of access points available to her, including access from Parcel No. 3 along the county road (West Sopris CreekRdad). At the insistence of Miss Graves, on August 25, 1994, a meeting was'held to further discuss her request for access across Parcel No. 6. Such access was expressly denied. We again recommended that Miss Graves consider the other options available to her. It has come to our attention that Miss Graves has since closed on Parcel No. 3 and will be submitting a 1041 application if she has not alreadydone so. I# has also come to our attention that Miss Graves hassurveyed an access which requires crossing Pardel No. 6. We would like to restate the fact that Miss ., Graves has expresslybeen denied access across Parcel No: 6. 1 thus enclose copies of the Correction Deed filed on Ai~gusf 9, 1994~and September 15, 1994 for the above property. We are forwarding them to your attention to notify Pitkin County that no easements have been granted for access across Parcel No: 6 to any other parcels in the subdivision. Miss Graves is aware of the enclosed Correction heed dated August 4,'1994. Please do not hesitate to contact us if you have any questions regarding this matter. Sincerely, ~~~~~~~~ 2~ ~ ~~~ ~~~ ~~ ~~~s~ Leslie C. Strawbridge Charles W. M. Restivo r; (303) 8785400 (24 HOURS) Fdtagust :51, 1994 rr:2.rr7 Caca:'.r.r.s F=watts Fiti. (:arbondale, CC:). fll.be'' f'tf_a West: Fnpr-i.s C:reetr. F'rnperty, Lot b-Terliamis _7r~ct l:)ear l')r-. Rest:i.vo: l: have ct:rmpl.r--. t:er.:l my i:nvestigatibn of the approximately ,s5 ar-.r-e 1:7arcr:.?1 c)n Wesi: opris Cr-eer;, otherwise t;•nown as Lat b of 1:.he 1"r~r-:Liam:Cs !Eir..rCadi.vi.si.ran. Tl-re pi^aperty is an the south slope (af i:.tie Crown .i.n f:3er... .'•.', r C~ 5, f7 E3'7 W, of the bth Principal hier-i.rii.a~n, witt,i.n the E)as,a.lt 7 1/2 minute. quadrangle. The larc:rpo<-red enva7.cal:~e i.s ..ir:rsk saatatheast of the access read. 'flyc= tcit:)ociraphy taP the site cnnsi.gt3_pf ~_gerrtly_slnpina hranr.:hr al:x7ve a stet=.per slope, covered with 'native ,grasses, ~~rurc?liirt.ii->h.; anri t:lrrmna bf sc:r•ub ~~r:. The rozd is through the ncar-i:.l-rwrast. cc:it-rrc~r- gf the parcel., cami.ng from the north. '1-hn= ritzr:ilogy c:rf tl-re pr-nperty consists of the Cretaceous age lianc:n~iJ~~l.r~ di.lap:i.ng north at lnw angle. The shale is over-lain tarr 9.:his ricl~)r-, by rhycal'te block;>, fram a type of .lava flow. higher r.q:) i.tr>a hi.ll., ihear-e i.s a thin rall.uv_ial_ soil cover at the site, (1 i.t:.rrc:n.u;ll-r k.trer-aa are nn ciei:.ai.led published geologic reports of t:rr:i.s ar rx<~, <:~ r,::Ccascz lc~c:rt; at ~:~er-i~l .photographs, topographic rn~al:rs, arJd r.rn sake visual i.nsper_tinns reveals that, the area may have rviclt-argcane ear-t:h rrrovement. thousands of years ago, probably clr.u•-i.nrt a I:rerind a~nnr..iated with the melting of the .last glaciers. `t'it C?I^P_ :L r; na :L ndi. c:ati.on a~f recent movement, especi ally in view of iahi= fctr..t khr~t. hhere ar-e nn source,; of water in sufFictent r.:lt.rtanl:i l-y t:.ra r-.at.rsh sr.rtaersai:r.rratipn of the foils on this. Frillsde. I"t7er•e ~-+r-r rna ot.hwr 4soLrrr.es of pnten•tial geologi.r hazard an this ~- _ ----_ pro}~F~r ty e ce:p~E~ tTh~t soa.. s"'_"eng'neeririg studies `ahauld be nr.:rruat.rct.r?ca nt.: trv= site spercifi.r_ .level. to inshore proper fot.rndation r.Jesign in sni.a.s which could_hsve a minor potehti2l for swelling. E3lcrtatzs ri:r~eper• th<xn ::3~r"/. were avoided when the_ building envelope was rle=.;ignat.e?d. Flccccxss t.o the pr•oper-ty is already present but wi1.l need to be i.m{m•ravecl for- t.tie stuar'k distance from the road to the site. This wi.:l.a. nr.:rl. r-ecirairea elrabcarate engineering. Potable water for ciranx:+!:;t:.i.c r.rs~e shear-r1 r1 be .available through development of a well t.o 1.:>erhavp!; ':?r7rr furl::, I"I-rerr+ ar-e ne~ar-tay successful Wells (Lots 4, 7, '9 anCi L:?;) . Was't:e di.<-aposal shot-rld be possible throi,igh the use of ry !;r-.pair: i.r-rrrl:: area r3 r;r>oErir~tecl ].e~~ch field fn the_ permeable sails of i;trr--~ prot:rcar-'ty, I:n.rL the sper_ific r-ecammendatiohs of the F'itkin I:;r.:rr.,rnt:.y 6'r.:rrvi.r-rarune=rN::a1. Fieal`kh I)epar'kment should be sought. if an "i.rrFi.tl:ral:ur-" i.s r.isryd, ii:. wc:ruld reduce the size of the field. nE?G:e55i r'9 Y'y. ~~~r ea!3 f)'F nE?ai^ 5l(r'•F a1CB kledr DGt; may exist but no high prar..tru:I water tabthc tvi:77~e-mound.__.._.._-.~_~__n.:.e__-~...-:_ .. _ l...arrdscaping shcar.rld inr_lr-uie a~ much. natural vegetation as is feasil.7l.e„ this will save water ptherwise used in watering lawns trancl e>I°u°'r..rtabery, ,:anti wi.1.i alsrr 1::FerJ the foundation area drier. To t:h:i.s encl. tare ar°ea agog-rod the house should slope away from the tn:ar.~.~se~ rrn a.la. si.c:les„ I"he uphill or• north side of the hpme_should con<;i. =.; t.: crF Finaa gravies whi.c:h will conduct surface flaws ground tPrEZ trome. I"I-u~ tuamr= !;frog-rlcl lae designed to prevent the accumulation of radon. gas„ l:F 1_herE= ar-e fr-rr-ther gr-restic~ns, please d~ not hesitate to r.crrri4ar_1-: mr:r. Nichalas'Lampiris Consulting Qealogist ~~ -~ , .. w P.O. Box 1582, Carbondale, CO 81623 telephone: (303) 963-8933 7 October 1994 Mr. Rick Magill Planning & Zoning Department 130South"Galena Street, Aspen, CO 81611 Dear ,Ni'r. Magid l.,. . Pledge COriSidCr tl'kiS ClOCllIC12nt OUT Letter Of Request tO addre59 the COde Section/Policy Area'sgiven in your YRE-APPLICATION"CONFEREPYCE ~SVMC9'ARY ~~ ~- ' letter~date$ 27 July1994 to obtain the appropriateland-useapprovals necessary for the construction of a single full-timeresidence in Pitkin County:;: - §3~-$05~- CPO1og9xa a ds, Please refer to the geologic engine~'~ing report from Dr.Ncholas'Lamperis, ourconsulting geologist, addressing the geologic suitability of the proposed"building velope enclosed with this applcation. §3-807 - w;id „-P P'a ardc, We metwith Mr. StevenCrockett from the Pitkin County Sheriff's office on 13 September for an in-situ meeting at the proposedbuilding envelope and to solicit his input regarding. the site. Mr.Crockett's suggestions were numerous and"'weintend to work with him in complying with his suggestions. Please refer to Mr. Crockett toanswer specific questions. we met with Mr. Steven xoward from the Basalt Fire District on 16 September to solicit hisnput regarding the proposed building envelope: We noted Mr. xoward's suggestions regarding access,asystem for fire trucks to draw water, and modern indoor'sprinkler 5gstems. Please refer to Mr. xOward to answer specific questions. We willcamplywitn the ColdradoState Forest Service Wildfire Guidelines.Thislotis locatedin wnatis considered a Severe Hazard Area; We will adhere to the following procedural„ and design principles; Wildfire Mitigation Standards 1. LOCatiOri: a. The building envelope shall not beIocated in draws, canyons.oronslopes greater than 0.30&. 2. Defensible Space: a. The area aroundthe structure shall incorporate landscaping with wildfire defensible space ., considerations as follows: 1.) Brush, debris, and non-ornamental vegetation shall be removed within a minimum 10 foot perimeter around the structure. 2.) Vegetation shallbereduced to breakupthe vertical and horizontal cbntinutyof the fuels a minimum of thirty foot perimeter around the structure built on flat ground. 3.) Spacing between clumps of brushand vegetation within the thirty foot perimeters shall be a minimum oftwo times the height of the fuel. Maximum diameter of the clumps shall be 'two timesthe height of the fuel. All measurements shall originate from the perimetersofthe crowns of the fuel source. a.) All branches from trees and brush within thirty foot perimeter shall be pruned to a height of ten feet between the edges of the crowns. This does not apply to mature stands of Aspen trees where the above recommendation for removal of ladder fuels have been complied with. 5.) Treecrown separation with the thirty foot perimeters shall have a minimum of ten feet between the edges of the crowns. This does not apply to mature stands of Aspen trees where the above recommendationfor removal of ladder fuels have been complied with. In areas of Aspen regeneration, the spacing guidelines shall be followed. 6.) All branches which extend over the roof eaves shall be trimmed and all branches within fifteen feetof the chimneys shall be removed. 7.) The density of fuels within a one hundred foot perimeter of the structure shall be reduced where natural reduction has notalready occurred. S.) All deadfall within the one hundred foot perimeter shall be removed. 9.) The applicant shall be responsible forthe continued maintenance of the defensible'space - ,vegetation requirements. 3. StructuralDesign and Construction Requirements: a. Roofing: i.) Roof construction shall be Class A, non -combustible (no wood'shake/shingles) materials with noflat roofs. -, b. vents: i.) Vents shall be screenedwith corrosive resistant wire mesh with mesh of onequarter inch maximum. n Structural Design and Construction Options It is the policy of Pitkin Countyto encourage development to avoid wildfire hazards; however, when this is not possible, the board may,in its discretion approvea development. plan which incorporates the following architectural design standards in substit -ution for the Defensible Space requirements in Part 2 of this Section. Where structural designis proposed in-lieu of defensible space requirements, the Board mustfind that the same level ofprotection would be provided as that gained through measures to create defensible space. a. PYOj eCt10I1S (Heat TrapS): 1.) Projections at the roof line (which include but are not limited to eaves, cornices, soffits, and roofs over open decks) shall be sheathed with materials approved for one-hour fire-resistive construction_ 2.) For projectionsbelowthe roof line (which include but are not limited to exterior balconies, decks, porches, cantilevered floor projections, and bay windows) the open space between gradeand the underside of projections below the roof line shall be enclosed by solid, vertical walls. These walls shall be cbnstruct -ed with materials approved for one-hour fire -resistiveconstruction on the exterior side of the walland shall extend from the top of grade to the underside of the floor decking or walls of the projection. b. windows and Glass: 1.) Glazed .openings shall be provided with closable, solid, exterior non-flammable shutters. c. Exterior walls and Siding: l.) Siding and exterior wall construction shall have a minimum of one-hour fire-resistiverating from the ground level to the roof line. d. Foundations: 1.) Foundations, skirting, and crawl space openings shall be-fully enclosed and cohstructed'with materials approved for one-hbur fire-resistive construction onthe exterior side of the walls and shall extend from the top of gradeto the underside of the floor decking or walls. e. Stilt Construction: i.) The undersideofdecks and structures with .stilt foundations shallbe fully enclosed and ~ ~~1 - sy~. ai ...:~. constructed with materials approved for one -hour fire-resistive construction on the exterior side of the walls and shall extend from the top of the grade to the underside of the floor decking or walls. s. Maintenance: a. Roofs and gutters shall be kept clear of debris. b. Yards shall be kept clear of all litter, slash, andflammable debris. c. All flammable materials shall be stored on a parallel contour a minimum of fifteen feet away from any structure.. d. Weeds and grasses. within the ten foot perimeter shall be maintained to a height notexceeding six inches. 6. M1SCe11aneouS: a. Firewood/wood piles shall be stacked on a parallel contour a minimumof fifteen feet away from the structure. b. Swimming pools shall be accessible to Fire Department vehicles. c. Fences shall be kept clear of brush and debris. d. wood. fences shall not connect to the. structure. e. Any outbuildings or additional structures shall adhere to the same standards as structures. f. Fuel tanks shall be .installed underground within an approved container. g. Propane tanks shall be installed .according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above-ground tank. zany wood enclosure around the tank shall be constructed with materials approved for two -hour fire-resistive construction on the exterior side of the walls. h. Each structure shall have a minimum of one ten pound ABC fire extinguisher. i. Addresses shall be clarly marked with two-inch non-combustible letters andshall be visible and installed on a non-combustible .post. R"a ~ 7. Access: a. Access road shall be built to County Standards; however, these standards may be increased to mitigate wildfire hazards based on comments provided by the Colorado State Forest Service, the Sheriff's Department or local fire protection districts. Where feasible, looped routes of access/egressto the main artery/highway shall be incorporated in the project design. Looped routes of access/egress is defined as two or more dedicated access Yoads to the main artery/highway for widely separated ingress/egress; looped drives with one entrance point divided single entrances do not satisfy this condition.. Where this. is .not feasible, the Board may approve vehicularturn:around areas a maximum of sevenhuhdred and fiftyfeet apart installed between theroad intersection and its terminus. 'Turnaround areas. shall bethe same standard as cul-de-sac turnaround pads; these may be incorporated intothe proposed driveway entries. b. Dead-end Streets (not cul-de-sacs) shall not be permitted. c. Cul-de-sac turn around pads shall have a minimum of a thirty foot drivable surface inside turning radius. d. The driveways and accessroadwayshall enter the roadway at an ninety-degree angle forthe first twenty five feet of the driveway. e. E`uel breaks shall be incorporated into the roadways of the subdivision for one hundred feet on each side of theroadway. NOTE: Actual vegetation manipulation to meet this condition may not be necessary where the natural vegetation patterns have already fulfilled these conditions. f. Access roads shall be built at a minimum to County standards.. 8. Water Supply: a. When access to a public or private pressurized watersystem ishot available or if it is necessary to augment fire protection water systems, private ponds may be used if approved by Pitkin County and the local fire protection district. b. Any fire department recommendation for individual structure mater supply and storage shall be accessible to fire department vehicle from the exterior of thestructurethrough a Fire Department approvedmechanism. For example, a fire hydrant. The amount of storage capacity shall be determined by the £ire protection district withamnimum of one thousand gallon storagecapacity per structure. c. Residential structures located within areas identified as containing "C - Severe Hazard: Trees" or "X - Severe xazard: Brush" wildfire hazard shall be required toinstallin-house sprinkler systemswhich meet the stands"of the local fire protection district and the Uniform Building Code. 9. Utilities: a. Utility lines shall be buried. 10. Additional: a. Additional recommendations from .the Colorado State Forest Service, the Pitkin County Sheriff's Department and the 7ocalfire protection district may be incorporatedinto any conditions of approval as necessary to"mitigate wildfire hazards. §3-808- W~~dt;f Haza dc. We met on-site .with Mr.Kevin Wright of the Department of Wildlif e on 21 June 1994 to walk- through the proposed building envelope, and to discuss the envelop e'ssuitablity in light of the area's Wildlife considerations. Our impression based on our on-site meeting and conversation, was positive - that this envelope is likely the best siting choice for a structureon this lot.' The straightforwardaccess to the envelope from the existing road allow minimal disturbance to the land. Please referto Mr. Wrightfor additional comments. We will adhere to the General Standards that apply to all Wildlifehabitat area. 1. Commercial, industrial or high impact recreational development, open pit mineral extraction, or construction of roads should avoid the habitat areas. 2. Residential development shall beclustered outside of habtatareastbthemaximum extentpossibleto minimize impacts on wildlife. 3. The removal of vegetation shall be minimized. Disturbed areas shall be promptly re vegetated with beneficial browse species. .~ 4. When existing vegetation must be altered, and for an access road, utility line or similar uses, an applicant will cooperate with the County and the Colorado Division of wildlife to devise an acceptable vegetation compensation plan. Such a plan may substitute (.in a nearby area on the subject property) vegetation"equal in type and quantity to that being removed tomitigate effect on wildlife species. 5. Food, cover,andwatersources beneficial to wildlife shall be preserved. Mitigate development effects which would destroy ordamage these. Give special consideration to trees and shrubs with high wildlife food value, especially heavy seed, berry, and fruit producing species. 6. Wildlife food species and woody cover along fences should be encouraged as one way of improving wildlife habitat. 7. Waterholds, springs, seepage, .marshes, ponds, and other wateringareasshould be preserved. e. Endangered species habitat shall be protected. All disturbances to such habitat shall be minimized. 9. All golden eagle nest sites and bald eagle roost sites shall be protected. Provide a three-hundred yard buffer aroundnestsites. Protect all other raptor nest site with one hundred yard buffers. 10. Mesh or woven wire fences are prohibited. 11. Fences are limited to a maximum of four strands or wire or three rails. NO fence shall exceed forty-two inches in height. " 12. Edges (places where two habitat types meet) must be avoided by development and shall be maintained' whenever possible since deer and many other species of wildlife utilize edge areas.- vegetation 'disturbances on winter ranges should be minimized and all disturbances re vegetated with beneficial browse species. 13. Tall, overly mature trees and standing dead trees should be retainedwhenever possible as nesting habitat for woodpeckers and other tree nesting species, such as eagles and hawks. Den trees in wooded areas which provide homes forbirds, squirrels, and raccoons should also be retaned.Disturbance or destruction of wildlife den "sitesshall be prohibited except in certainnuisancecases,such as skunks under homes. B. Deer, Elk, and Bighorn Sheep WinterConcentration Area/Severe Winter Range/Critical"Habitat: Development is prohibited within Deer,'Elkand'Bighorn Sheep Winter Concentration Areas and Severe Winter Range Areas. Inthe event that there is no hazard-free area on a site and a development application is subsequently denied,an applicant may petition the Board of County Commissioners for consideration pursuant to Section 3-28 of this Code. If anappeal is granted by the Board and development is permitted, an application shall be reviewed according to the following standards: 1. Avoid overgrazing of ranges by livestock. 2. Restrict development to areas that minimize wildlife impacts. 3. Preserveaccess to the Division of Wildlife for managing wildlife. 4. Prohibit commercial .activity. For example, seismic activity, construction, and timber harvesting) and recreationalusesfromi December through 31 March. 5. Prohibit and/or kennel dogs within or adjacent to elk, mule deer, and bighorn sheep severe winter range and wintef concentration areas except for dogs working as part of an agriculturaloperation. §3-11 - rmnrovpmenta and 4P V'C'PR (A ('PC4 Cpwp TTt'l'Y' ¢ L tp ), 1. Access: Access to the building envelope consists of a a straightforward excursion from the existingroad. Indeed, the building envelopeexists within a short distance from the existing road. This is desirable because of the absolutely minimal land disturbance required to execute access from theexisting road. 2. S wP : Our site is located outside the boundaries of a public sewage disposal systems service area, and service is not available. Therefore, we intend to utilize a privatesystem. I have received ixiformationfrom Pitkin County Environmental Health Department and, subject to engineering suitability, planto utilize aseptic tank used in conjunction with an ~infiltrator~-type gray water recovery system tominimize in-situ environmental disturbance. The sewage disposal system shallcomply withfhe sewage disposal guidelines of Pitkin County Code Title X. According to our geologist s report, the soil type at our proposed building envelope issuitablePor this type of application. R. _ ~~ 3. TTtilitipR: P_QSlLPS: While wehave utility easements from Holy Cross Electric to the property, we intend to power the structure with a solar powered photo-voltaic storage system. !?'glP hn nnP: Marty, from US West's Residential Marketing Center, located in Cheyenne, WY, indicated that residential telephone service would be available to our site. I talked with Marty on 12 September, atr 14:22. Our nearest neighbor, Mr. David Bork (1600 Stone Road), already has several residential telephone lines serving his structure. C,as/aronanp: David Thomson, from western Propane's Sales Department indicated that service. is available to the site. Western Propane islocated n Glenwood Springs. 4. Waipr: Itisnecessary forus to establish a new water supply in the way of a drilledwell.There' is no public or private district or system which will provide waterto our lot. According to our geologists report, there is an available water available, and there are several existing structures withnthesubdivisioh that have successfully obtained water supplies by way ofdrilled wells. Please note that with regard to Item NO. 14, SeCtlOri NO. 2 Of your letter; Our enclosed drawing does not include any proposed structures - at this .point we do not have an architect. we received a verbal 'Ox' from you on 12 August with regardto this aspect of our submission. If we can answer anyadditional questions, please write or call us at 963-8933. Thank you. Sincerely, ~~ ~ ~~ k~~~C.~~~~~ Dr. Charles W.M. Restivo Leslie C.~Strawbridge ~~ ~ .. < a ..., .~.~ .:. _~, . ,~.x<,sm<,~ ii NON-MERGER CERTIFICATE PITKIN COUNTY TITLE, INC., A DULY LICENSED TITLE INSURANCE AGEN`P IN THE STATE OF COLORADQ HEREBY CERTIFIES THAT THE ATTACHED, CHAINS OF TITLE ARE TRUE AND CORRECT COPIES OF DOCUMENTS DULY RECORDED IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF PITKIN COUNTY, COLORADO. BY EXAMINATION OF THE ATTACHED CHAINS OF TITLE IT CAN BE DETERMINED .... ,,, _ a..-... THAT NO MERGER OF TITLE HAS TAKEN PLACE ~B'E'T~nT'E~~7'PHE``PROPERTIES' SUBSEQUENT TO OCTOBER 25, 1974. P BY: DATED: SEPTEM JOB NO.: PCT-8962 INC. 1994 ~~s~ .. _ i Adjacent Land Owners mhe following list represents the adjacent landowners to Lot 6 in the West Sopris Creek Subdivision. This information was obtained on 14 September 1994 per Debbie at the" Pitkin County Assessors Office (920-5160). 1. Anna Mae Griffiths (Mrs.) °"`' 10080 W. Bth Place, Lakewood, CO 80215 2. Mr. Cleon L. Griffiths 10080 W. 8th Place, Lakewood, CO 80215 3. Mr. Franz T. Stone Diversified Business Systems P.O. Box 0429, Clarence, N.Y. 14031 4. Mr. Mark N. PerniS P.O. Box 1837, Kailua-Kona, HI 96745 *~; 5. Mr. David E. Bork c/o CODA, Inc.. .__. 117 AABC, Aspen, CO 81611 ~-; _ ~ ALL PROPERTY LYING WESTERLY OF THE SUBJECT_PARCEL ARE NATIONAL_FOREST LANDS TITLE CHAIN ON DAVID BORK PARCEL 1041 APPROVAL GRANTED 06/27/91 PLAT BOOK 26 AT PAGE 88 ~:~~ TITLE CHAIN ON SUBJECT PARCEL ANNA MAY TERLIAMIS, NICHOLAS L. TERLIAMIS AND HARRY L. TERLIAMI3 WARRANT DEED 12/10/46 BOOK 172 AT PAGE '36 BONNIE V. TERLIAMIS QUIT CLAIM DEED 1.0/25/74 BOOK 292 AT PAGE 733 CORRECTION DEED OS/17/76 BOOK 312 AT PP.GE 16 TITLE CHAIN ON PARCEL 009 ANNA MAY TERLIAMIS, NICHOLAS L. TERLIAMI$ AND HARRY L. TERLIAMIS WARRANT DEED 12/10/46 BOOK 172 AT PAGE 36 CLEON L. GRIFFITHS QUIT CLAIM DEED 10/24/74 BOOK 292 AT PAGE 732 CORRECTION DEED 05/17/76 BOOK 312 AT PAGE 15 ~-, ~ TITLE CHAIN ON PARCEL O10 ANNA MAY TERLIAMIS, NICHOLAS L. TERLIAMIS AND MARRY L. TERLIAMIS WARRANT DEED'I2/10/46 BOOK 172 AT PAGE'36 NICHOLAS L. TERLIAMIS QUIT CLAIM DEED 10/24/74 BOOK 292 AT PAGE 73b CORRECTION DEED 05/17/76 BOOK 312 AT PAGE 13 I. FARRAHI WARRANTY DEED 02/08/80 BOOK 383 AT PAGE 441 WALLACE H. GALLUP, JR., JOE COOPER ION` NICKI BERG AND MARK VAN PERNIS WARRANTY DEED 02/08/80 BOOK 383 AT PAGE 450 WALLACE H. GALLUP, JR., MARK VAN PERNIS AND HENEGHAN &"LEUCHT ARCHITECTS WARRANTY DEED 04/22/80 BOOK 38T AT PAGE 991 HENEGHAN & L EUCHT ARCHITECTS, INC. AND MARK VAN`PERNTS AND NICKI BERG WARRANTY DEED 06/02/81 BOOK 409 AT PAGE 270 HENE GHAN & LEUCHT ARCHITECTS, INC., AND MARK VAN PERNIS WARRANTY DEED '04/12/82 BOOK 424 AT PAGE 931 i EUGENE E. LEUCHT AND MARK VAN PERNIS WARRANTY DEED 02/21/89 BOOK 586 AT PAGE 3I8 MARK VAN PERNIS WARRANTY DEED 12/28/93 BOOK 736 AT PAGE 787 'r u (BOG'S'( 'Che printed portions of Wis form, (differentiate)) additions, have ' the Colorado Real Estate Commis 'I'RIS FORM UAS IMPOR'I'ANI'LE(iAL CONSEQUENCES AND'ITIE FAIiI1ES SIIOULU CONSULT LEGAL AND'I'AX OR O'1'FIER COUNSEL DEPORE SIGN[NG. VACANT LAND/FARM AND RANCH CON'I'RAC'P TO IIUY AND SELL REAL ESTATE April 25 1994 L I'AR'PIIIS ANU PROFER'1'Y.Leslle c. ,y 6J.4WUl.r.u a= ••~~---- ••- _._ _ _. buyer(s) [Ihtyer), (as joint tenants/ft!Ii9/tWd11l2flntrnon) agrees lobuy, and the tuulersigncdseller(s) [Sellerj, agrees to sell, on the teens and conditions set Colorado, to wit: forth in this contract, the following described real estate in the Coumy of Pltkltl A parcel of land situated in W 1/2 of Sec.22-8-87 containing38.840 acres, being more fully describedby t3/BinBOOk 292,Page733. bleat Sopris Ranch, Parcel No. 6 See correction Deed inraook 312, Page 16 known as No. 7227 Sopris creek Basalt CO 81612 Sate SUect AJJress ~ City Ingether with all interest of Seller in vacated sh gets and alleys adjacent thereto, all casements and other appurtenances thereto, all improvements drereon and all attache) (ixnnes thereon, except as herein ezcluJed (colleciively We Property). 2. INCLUSIONS /EXCLUSIONS. The purchase price includes the following items (a) if attached to the Property on the date of Wis emnrach lighting, heating, plumbing, ventilating,aird air conditioning fixtures, 'fV antennas; wnler softeners, smoke/(ire/burglar alarms, security devices, insiJe telephone wiring and connecting blocks/jacks, plants, mirrors, Ooor coverings, inttrcom systems, built-in kitchen appliances, sprinkler systems and eotttmis, built-in vacuum systems (including accessories), mul garage Jbhr openers including 0 remotebontrols, (b) if on the Property wheWer attached or not ov We dale of Wis contracv storm windows, storm doors, wiuJow and porch shades, awnings, blinds, screens, curtain rods, drapery rods, timplace inserts, fireplace screens, fireplace grates, heating stoves, storage sheds, all keys and (c) none (J) Water Riehls. Purchase price tv include the Tollov+ing water rightsithose ajJpu rtellant to the lot (e) Growing Crons. N1iiU/lE,Sv(58UYNJItS1l>',~If/JJYrfgldtb}SN6fAlfr anJ buyer agree dYrAllYdws: N/A 't'he above-described included items (h¢Iusions) are to be conveyed to Bayer by Seller by bill of sale, Warranty deed orptl)er applicable legal insuunrent(s) at the closing, free anJ char of all lazes, liens aiiJ encinnbrances, except as provide) in Section 12. '1'Ire following attached fixtures are: ezcluJed from tlris sale: none J. PURCHASE PRICII ANU'1'IIRMS. 9'he purchase price shalibe$150, 000.00 ,payable in U.S. dolhra by Buyer as follows: (Cmnplete Ure applicable teens below.) (a) EARNES'P MONEY. $ 10 , 000 . UO in the kii in of personal eheok , as earnest monvy Deposit anJ part payutent of the purchase price, payable In and hmJ by Joshua & CO of Aspen, Ind ,broker, in its trust accemn on behalf of both Seller and Duyer. Drnker is autlmrized In deliver the earnest money deposit m the closing agent, if any,`afor before closing. The balance of $ 14 0 , 000.00 (purchase price less earnest money) shall be paid as follows: (b)CASH A'I'CLOSINO. $ 1401 000.00 ,plus closing costs, b be paid l+y Duyer at closing in funds which comply with all applicable Colorado laws, which include cash, electronic uans(er funds, certified check, savings and loan teller's chick, and cashier's check, (Good T'nnd3). Subject to We provisions of Section 4, it the existing Iran balance at the rive of closing shall be different from the loan'.balance in Section 3, tbeaJjusunent shall be made in Good Ponds at closing or paid as follows: N/A g N/ by Buyer obtaining a new loan. "tis loan will ~esecured by a deed o (Ist, 2nd, elcJ~ The loans .1 be mnortizcJ over a perivJ ofN /A years principal and interest nut to exc 9 per annum, plus, if required by P lazes, property insurance premium, au mngage insurance premium. If the loan i payments and interest rate initially shall note ed We figures set (urW above. Loan Discount points, if any, shall be u to lender at closing and stn Notwithstanding the loan's interest rate, the first _ loan Discount and the balance, i(any, shall be pail by Duyer shall timely pay a loan originaiion fee nut toexcee R (d) ASSUMFr"1'ION. $ N/]+ by Duycr's asnvtiing anJ agreeing to )raypay-ar x vin per _ incluJingpriucipal, imcresl j+rescnlly at % par [J real est:ue taxes (] pnryredy insurance premium, Lj nflgagc insurance p a loan transfer fee not to exceed $ rA the time of assumption, the new payment shall not exceeJ $ ,_,~„~ Principal anJ interest, Sellr[j sliall ~ shall not .released from Iiabilily on said Ioati. 1( a Iiabilily ur reinstatement of eligilriljtysriall be evidence) by delivery at chising of a. shall be pail by _ y~_ (e)~SE~.-F-E1-tO-RL'-RIV-A"1'E7~UtRD PA R'Sl'ItINANCIN(i $ N /Aim _ by Duyer cxe<uong a promissory note~jiayabl approximately $ Per including years lender, a deposit of of the a aced annual real estate an adjustable interest rate or graduated went loan, We I nut exceed of We total loan amount. uints shall be paid amount an(1 Duyer's loan costs. 'IV in this apprt>ximate amount, presently payable at $ N /A room, 'nclading escrow fur the following as indicated: minor, and __ Duyer agrees to pay he new imeresr rate , r not exceed 9 per animm and bs escrow, if any. rlicable, conrpliancewilh We rear rents for release Qom appropriate Idler from lender.. Cost pa le for release of liability au amount not to exceed $ to: GDSI I!hi Vacalit Land/Panu and R~ dt Conhact to tiny and Sell Real Bstate ' McAllister I'nblishing (RO(1)336-1027 Prepared. at Jnshnn & Cn. of Aspen, Inc., Aspen CO 925-88LO _. , ~ Witialed by m _ ;; ~. rat tlr~)nr.as indicate): (Check one bcrx only.) ^ Rigltl-lo-Cure 7"D-8 -l I-83 ^ No Right-to Cwe N'1'U RI-I I R3 _ se ored by a decd of p s tcnnrberiug the Properly, using Ute loon. as. indicated: ~ ', (1st, 2nD, etc.) ~Chec one box mJy.) ^ Strict Due-on-Sale ('fU 72-11-R3) Credihvonhy ('1'll 73-t I-83) ^ Assumable -Not due on sale ('I'U 74-11-83) U - ..., '1Le prmnissory note shall be anwrtizeJ on the basis of Years, payable at $ per including principal and interest at the tale of % Per aigw Payments shal`onunence ~ and shill be due on the day o(each succeeding f rml'sumter paid, the balance of~7ti al and acwved interest shall be due and payable after closwg. ' yt cols ^ shall ^ shall not be increased b _ of eslintaterl annual teal estate lazes, and ^ shall ^ shall not bel3crea4eJ by of estimated annual property insurance premiwn. l'he to Ifall also contain the following terms as indicate): 1f any payment is nut received wiUtin al dar days after its due dale, a late char % of such payment shall tie due. Interest on'IenJer disbursements under Ute deed of trust shat! be q ~a num. Default interest tale shall be % per annum. Buyer may prepay without a penalty asrtept "- 4. FINANCING WNUCI'IONS ANU OBLIfiATTONS. (a) LOAN APPLICATION(S). If buyer into pay all or part of the purchase price as set fordt in Sectimr.3 by obtaining a new loan or if an existing Ivan is not to be release) at closing, Buyer, i(required by snclrleiider, shall make written application within N/A calendar days from acceptance of Dtis contract. Bayer stall cnopcrate with Seller slid lender µi obtain loan approval, diligently and timely pursue same in good (aiUr, execute all documents and furnish all infmntalion and doaouenfs required by the lender, and, subject to Section 3, timely pay the costs of pbtaining such loan or lender consent. (b) LUAN APPROVAL. If buyer is to pay all br linrt of ilie'pnrchase price by obtaining a new loan as Specified in Section 3, U)is contract is ,I9 If not so conJUional upon leader's approval u( the new loan on or before N /A ,. ,. approve) by sail date, Ihis contract shall ter ntinae. (c) EXISTING LOAN REVIEW 1f an existing loan is not In be teleaseJ at closing. Seller shall provide. copies of the luau Documents (inclnding nose, Deed of mist, nurJ ifications) to Buyer within ~ N/A calendar flays hum acceptance of this contract. This contract is conditional upon Duyer's review and approval o(the provisions of such loan documents, Buyer consents In the provisions of such loan documents if no written objection is received by Seller from Buyer within N /A calendar Jays from Duyer's receipt of such documents. If the lender's approval of a transfer of the Property is rrquireD, this contract is emtJilimtal upon Buyer's 66faining such approval without change in the terms of such loan, except as set forUt in Section 3. If Ievder's approval is not oblsiued wt or before N /A 19 , Utis contract shall be Ienniuated on such Jate. If Seller is fo be release) tow liability under such existing loan or ff Seller's VA eligibility js~ Io be reinstated andDuyer does not obtain such compliance as set forth in Section 3, this contract may bn Ienninnled at Sellei s option. (J) ASSUMI''170N BALANCE. 1(Dnyer is to pay all or part of the purchase price by assuming an exislingloan and if the actual principal balance of the existing loan at the Date of closing is less than the anwnn(in Section 3 itiJ the amowrt of cash required Gmu Duyer al closing is increased by more Uran $ N/A ,then Buyer may terminate Ihis contract effective upon receipt by Seller of Duyer's wrilien notice of ternt(nalion. (e) CRI?UIT INFORMATION. ((Buyer is In pay all or part of the purchase price by ezeculing a promissory note in favor of Seller or if an existir loan is not to be release) at closing, this corilracf~is cmtJitionl upon Seller's approval of Buyer's financial ability and creditworUtiness, which approval shall be at Seller's sole and absolute discretion tit sash case• (I) Dayer shall supply to Seller on or before I9 __, at Duyer's expense, information and Jucumen(s concerning-6rryer's Onancial, enililoymen[ ahd credit cmtdition; (2) Buyer consents that Seller may verify buyer's financial ability ant creJilworthiness; (3) any such inhtnuatinn ant documents received by Seller shall be helil by Seller in confidence, and nut teleaseJ to others except to protect Sellera interest in this transaction; (4) if Seller dues not provide written notice pf Sellera disapproval to Buyer on or before __ I) ,then Seller waives Ihis condition. If Seller dues provide written notice of disapproval to Duyer on or before soli) date, ibis contract shall terminate. 5. APPRAISAL PROVISION. (Check one box only J 'Phis Sectiorr© shall ®shall lint apply. 'T'his Section 5 shall nut apply' if buyer is to obtain a new P(IA eir VA loan. If this Section 5 applies, as indicated above, Duyer shall have We right ur tenninale this contract if the purchase price exceeds the Property's valuation determined liy an appraiser engaged Ly N %A If Seller receives a copy o(such appraisal or writer notice from IenJer ryhieh andiuns the Property's valuation is less Than Vre purchase price,on or before N_/A _ _, I'J (Apprtisal Deadline), Ihis conlracl shall tenninale.. Buyer shall have the privilege and option of proceeding witlt consummation of tlus cmrtroct. wiihour regard io (he awrnuil of the alipraised valuation.. Upon closing, Boyer waives any objection to the property's valuation. 6. COS'T' OF APPRAISAL. Cost of any appraisal to be obtained alter Ute dale of this coon ac[ shall be timely paid by N/A 7. NOT ASSIGNAELE. This anw acf sbalf not be assignable by Duyerwidunrt Seller's prior written consent, Except as sd restricted, this contract shall inure ro the benefit of mid pe binrhngupou the heirs, liersmtal representatives, successors and assigns of Ute parties. R. EVIDENCII OP'11TLE. Seller shall furnish to Duyer, at Sellei s expense, EDfkr a cunen[ commitment h r s title insumnce policy in an amount equal to Ore purchase price (rt dV9tlf@NNbhnice, AU/AtflfflMlUf title tU(ti1heJ fNIfUdWtlrVdate, on or before MaV .~~' 1994 19 _ ('Title Ueadline). I!/NIIUli6NklffAlfdb'!lM1lffrLlllrN6Dt is fomsheJ, Biryer may regdire of Seller drat copies of inshvmenls (or abstraclsof instmmems) lislnl in the schedule of exceptions (lixceplions) in the title insurance commitment also be famished to buyer a[ Seller's expense. Tltis requirement shall pertain only to instmments shown nheanJ in Uie office o(Ure clerk root recorcler of the designateD county or counties. The title insurance rnmmitinenl, together with any copies or abstracts n( iustrunrents famished pmsnanl In this Section 8, constitute the title documents (Title Documeius). buyer, ar Duyer's Designee, must request Seller, in writing, to (umish copies or abstracts of instmments listed in the schedule of exceptions no later Utan Ze.TO y ~ P Y 1.... ~ using and have the title iitsuranee policy calendar Da s after l'ille Deadline. If/fihYlhf/(lttt(IEhi(s a title hS~/Ihi1tVldfldl(niunent, Seller writ a Ute uetmutn at cl delivereD to Buyer as soon as practicable after closing. v. ?'rrt,E. (a) TPI'LE ELI?VIE3W. Duyer shall have the right fo inspect the 9'iUe Documents GNIdhS'41act. Written notice by Duyer of umnercltantability of title or of any other unsatisfactory ti11e condition shown by tlie'Citle Documents (rN/.IYiWt4act shall be signed by or on behalf of Dayer and given m Seller on or before five calendar Days after 'T'itle UeaDline, or within five (5) calendar days after receipt by Buyer of any Title I)ocumeiit(s)br endorsemengs) adding new lixceptirm(s) to the title cmnmilntent togedier with a copy of the Title Uocuntcnl adding new Exception(s) to title. If Seller Joes not receive Duynr's notice by the date(s) epemified above, Boyer accepts the cnndilirin of title as disclosuJ by the Title Uocumenta as satisfactory. (Ir) MA'I'J'ERS NUT SfiUWN DY TI[E PUDLIC RECORDS. Seller shall deliver to Auyeq on or before ahe Title Deadline scl forth in Scctioo tore copies of all lease(s) and survey(s) in Seller's possession pertaining to Uie"ProlierlyarrJ shall Disclirse to Euycr all easements, liens or older fide matters not shown by the public eocorJs of whidr Seller Iran actual knowledge. Iluycr shall have the right Io inspecCthe Properly to 8etermine if any UtirD parly(s) has any right in the Properly not shown by the Public records (sucbas an nnreciirJed easemetif, unrecorded lease: or boundary line Discrepancy). Written notice of any nnsafis(acmry condition(s) JiscWseJ by Seller or revealed by such inspection shall be signet by or on'behalf of Duyer ant given to Seller ou or before T1aV 16 19 9 9 If Seller dyes not receive ^eyer's notice by said Jate, Buyer accepts title subject to such rights, if any, of thief parties of which Buyer has actual knowledge. (c) SPECIAL'I'AXING UIS'1'R]('1 S SPBCIAL'I'AXING DIS f RIC 1~S M14AY DB SU818CT TO GDNERAL OBLIGAl7UN INDDB'fDDNDSS 'CIIA'I' IS PAID 13Y RI'VIiNUDS PRODUCIiU PROM ANNIIAI 1'AX LliVll S ON'1IIEl AXA13LE~1'RUPL•RTY WITHIN SUCE UISTRiCTS. I'li1C'I' ~. _.. If0 SIJI'IORO~' 7 II ISIif2V1(9N(a OISSII((II UI ~I IYN3I If RI' C'IRCl1MS 1'AN(I S AI2ISI~RI Sl1I I ING IN 11NLy t~Ai3)L.1 Y'Y~OIr SUC [I A D SD~BNS lO UISCIIARGIi Sl1C1I INUIi13'I'GUNI;S.S WPIIIOIJ 1 S11U1 AN INCRLASL• IN MILT, LLVICS. DYJYCR S(IUCS~.Dl14;VES CIGA CC CI h $Ej'T '.. . CBS3 194 Vac wf I.anJ/Pawn anD Ranch Contract to I3uy and'Sell Real Es`tai'e` -' 'I ` hlcAllistu I obi h:ng (RD(I)33G~IB27 Prepared at Joshua & Ca of Aspen, lac , Aspmr CO 925-RSIB lnitialcd by~~~ ,. ~;, ~ ' FINANCING IiEQU1R13MEN1:S OF TUE AU"IIIOKIT.EU GENERAL OBLIQAiION INDEB ILUNESS OF SUCF( DIS1R[Cq'S, EXISTING MILL LIiVIES OP Sl1C1I DISI RIC'f SIiIiVICING SUCIt INUL07 EUNESS, ANU TIID PO'T'ENTIAL POR AI~IIyCjiE7CSE~SN'SCYCII MT.L LEVIES.- . .:. hr the even[ the Property is located withm a special taxing district ant Duyer desires to temtinate Wrs contract as a result,. if written notice is given m Scller on or before the date set fmUr in subsection 9 (b), This contract shall teen terminate. If Seller does not receive Duyer's notice by Ute date specifleJ above, Buyer accepts the elfeciof Ute Pmprrty's inclusion in such special laxiiig district(s) anD waives the right to So terminate. (d) RIGFI'I'TO CURE. Ir Seller receives notice of unnretchautability of rifle nr any o0ier unsatisfactory title condition(s) as provide) in subsection (a) or (b) above, Scller shall irse reasonable of kirt to correct sail unsatisfactory, title condition(s) prior to Uie date of closing. If Seller fails to correct said. unsatisfactory title condition(s) rat or before the dale of closing, This cmmracl shall ih,$~ tenninale; r¢videD, however, IIuyer may, by writtat notice received by Seller, on or before casing, waive objection to sail nnsatisfaclory title ebndition(sW 10. INSPECTION. Seller agrees to provide Guyer ou or before Mdy .~ /~^ ,1999 wiUt a Seller's Property Disclosure form complete) by Seller to the best of Seller's current actu:d knowleJge. Duyer or any Designee shall have Ute 4Jgh(to have inspection(s) of the physical condition of the Properly and ^rclusions at Duyer's expense. If written notice of any unsatisfactory condition, signet by or on behalf of Buyer, is not received by Seller ou or before See Addendum* 19 94 (Objection Deadline), the physical condition of the Property and Inclusions shall be JeenreJ m be satisfactory to Iliryer. I(sitch itolice is received by Selle(as sel~forW above, and i(Duyer ant Sella have not agree), iri writing, to a setdement thereof on orUefore See addendum* . 19 94 (Resolution UcaJline), this contract shall terninate three calendar days following Ute Itesolulion Deadline unless, within the Urree calendar daysSeller- receives written nonce from Duyer waiving objection to any unsatisfactory condition.. 6oyer is responsible for and shall pay for any damage which occurs to Ure Property sand hrdusion as a result of such inspediim.' I I. UA'1'E OF CLOSING. The dale of closing shall be January 3 1995 or * See addendum , 19 , or by ummal agreement a1 an earlier date. 7hc Iidor and place i+f closing shaJl.~e as designated by _ JoshLLa & Company 12. '1'12ANSFER OFTPI'LE, Snliject to tender ur payment at closing as required herein and compliance by Duyer with Ure outer teens and provisions hereof, Seller shall execute anD deliver a goof ant sufficient ;general warranty deed to Buyer on closing, conveying Ure Property free ant clear of all taxes except the general tuxes far the year of closing, aadeiccep[ IlOf1E '~~ ~ ~ ~° '' ` :~ Title shallbe,coirveyed fret and clew of all liens (orspccial improvements installed as o(the )ale of ~u}er s signature hereon, wheUter assessed or nut; except (i) JJsGibution utility easements (including cable'I'V), (ii) those matters reflected by Ure 'I'dle Uocurnents accepted by Buyer in accordance with subsection 9(a), (iii) Urose rights, if any, o(tlrirJ panics in the Property not shown by the public retools m acarnhmee with subsection 9(b),,(iv) inclusion of the Property wihin any special taxing... .. Aistrict, and (v)subject to building and zoning regulations: U. PAYMENI'OF ENCUMEItANL'ES. Arty encunrbrmrce regmireJ to be pail shall be paid at or before dosing from theproceeds of Utis transaction or from arty otlmr source. _.. ... t4. CLOSING COSTS UOCUMENJ'S ANU SERVICIS. Duyer and Scller shall pay, in Gout Funds, Uteir respective closing costs and all other items required to be pail at closing, except as otherwise pro'viijd herein. Buyer ant Sellershall sign ant complete all customary or reyuired documents at or before closing. Fees for real estate closing services shall not exceed $ 3 D 0 . 0 0 and shall be paid at closing by Seller and Purchaser equally 508 eacki . 'T'he local transfer tax of 0 ~ of the purclwse price shall be paid at closing Try N/A Airy sales mrJ use tax that may accme because of Uris transaction shall be paid when Jue by 15.1 PROBATIONS. General taxes for the year iif closing, basedon the lazes I'or the calendar year imn¢diately preceding closing, rents, water and sewer charges, hmneowner's association dues; ant interest on continuing loan(s), if any, ant shall be prorated to date o(closing. 16. POSSFSSIUN. Possessionpf the Prnpeny shall be Jelivererl to Duyer as folluws:delivery of deed and date of closing subject to the following lease(s) or tenancy(s): noCte If Seller, aRer casing, $ Us100eh00 possession ou the date hei~Cer Jay !rout theldate lof agree)rpossession until possessi ueis delitvered, Irahle to Buyer for payment of 17. CONUI'TION OF ANU UAMAGE'TO PROPERTY. Except as otherwise provided in Uris contract, the Property and Inclusions shall be delivered in We condition existing as of 16edate of this contract, oidinary wear and tear excepted. In Ure event Uie Property shall be damaged by Ere or oUrer cflsualty prior to time of closing, in an amount of not more than ten percent o(the lotalpu rchase price, Seller shall fie obligated to repair the same before Ute datepf closing. In the event such danrnge is not repaired within said time or if the dnnrages exceed sudr sum, This emitract may be terminated at Ute option of Duyer. Should j Buyer elect to carry out Ibis contract despite such damage, Duyer shall be entitled to cmrlil for all the jusgrnnce proceeds resulting from such Damage to the Properly and brclusions, not exceeding, however, the soul purchase price. Should any Inclusion(s) or service(s) fail or be damaged between Ute date of Utis comma and Ibe Date of closing or the )ate of possession, whichever shall be earlier, Then Scller shall be liable fur the repair or replacerncnt of such Inclusion(s) or service(s) with a unit of similar size, age and quality, or an egoivalciit credit, lessany insurance proceeds received by Duyer wvering such repair or replacement. The risk of loss for any damage hr growing crops, by fire or other casually, shall he home by the party entitled to Ute growing crops, if any, as pmviJeJ in Section 2 mul such party shall be entitled to such insurance proceeds orbene(fts for the growing crops, if any. 18. 77ME OF ESSENCE /REMEDIES. '!tore is of the essence he¢of. If any note or check received as earnest money hereunder or any other payment Jne LereunJer is out paid, honored ur tendereJ whcdJne, or if aiiy other nbligaiion hereunder is not perfonneJ or waived as herein proviJed, Urere shall be Ure following remedies: (a) IP EUYER IS iN DEFAULT: (Check one box only.) ,._ _. _..... _., .. _. ... (I)SPECIFIC PERFORMANCE. Seller may elect to treat This contract as cancelled, in which case all payments and Things of value received beremtder shall be forfeited and retained on bebal(o(Seller, auJ Seller may recover such JTmage's-aa may be proper, or Seller may elect to treat Uris contract as being in full force mrD effect auD Seller shall have Urc right to specific perfonnatrce or damages, or bout. ~~ (2)LIQUIUA7"ED DAMAGES. All payments ant things of value received hereunder shall be forfeited by IIuyer and retained on behalf of Seller and boW parries shall lhereafler be released from all obligations hereunder IEis agree) thdl such payments and things of value are LIQUIUAq'ED DAMAGES and (except as prmideJ in subsection (c) are SF;LLER'S SOLE ANU ONLY REMEDY for Duyer's failure to perform the obligations of this contract Seller expressly waives the remedies of specific performance ant additional Damages. (b) 1F SELLER IS 1N UEFAUL'1': Ilmyer nray elect to treat this contract as cancelled, in whichcase all payments and things of value receiveD hereunder shall be relw'ned and Buyer inay recover such damages as may be proper, or Buyer nmy elect to treat this contract as being in fullYorce and effecfand Duyer shall have Ure right lu specific performance or damages, or bath. (q COST'S ANU EXPENSE'S. Anything to the contrary herein notwiWstauding, in the event of any arbiu;Nion or litigation arising out of (his contract, the arbitrator or court shall award In the prevathng patty all reasonable costs ant expenses, including attorney fees. 19. EARNEST MONEY UISPU7ll. Notwilhstunding any lerminatiott of jhis coulmcl, Ijuyer ant Seller agree Uiah in the event of arty controversy regarJing the earnest money and things o! value.IrelJ liy broker ur dosing agent, unless muhral written instnstions are receive) by the holder of Ure earnest money ant things of value, broker or closing agcut shall not he required to take any action but may await any proceeding, or al broker's or closing agent's option ant sole discretion, pray interpleaJ all parties ant Deposit any moneys or things of v:due into a ctiun of emnpetent jurisdiction anA shall recover court costs and reasonable attonrcy fees. 2(1. AI:I'ERNA'I'IVE UISPUq'II lit?SOLiI'1'IONi MEDIA77ON. If a dispute arises between Ure parties relating tm This contract, the parties agree tm submit the Jispmc lm mediation. '1 he panics will joiudy appouq ati accejn dil~ inediarirr unit will share crjua0y i6the grist o(sireh roeJialor. If mediation proves unsuccessful, the parties stay them proceed with such othermeansufdispute 7esolotion as They so choose.. COS3 1-94 Vacant L.anJ/Farm anD Rtmch conuad l0 13uy ant Sell Real Psla(e ~~~ RlcNlister Publishing (8(30)336-1027 I'repareJ at Joshua & Ca of Aspen, Inc ,Aspen CO 925-881(1 Initialed by V.~ a w. _ ~~. 21. ADDI'ITONAL PAOVISIDNS 22. AIICOMMIINDA'17ON OF LEGAL COUNSEL. By signing tltis document, Uuyer and Seller acknowlegge Utat We Selling Company or the Listing Company has advised Utat this docoinem bas imp5nam legal consequences all`s has recommended We examinatimt of title and consultation wiUt legal and tax or other counsel before signing Utis contract. 23. TERMINATION. In the event this contract is terminated, all payments and things of value received hereunder shall be returned and the patties shall be relieved of all obligations hereunder, subjec([o Section 19. 24. SELLING COMPANY BROKER RIILA'1'IONSIIIP. 'fhe selling bmkeg7oshua 6 Co of Aspen Inc ,and its ' Sellin Com an has reviousi disclosed in salespersons have been engaged as Buyer Brokers ~ 8 P Y P Y writing to the Buyer Urat rlifferenfrelalionships are available which include huger agency, seller agency, subagency, or l~ansaction-tiroker. 25. NOT'ICII'1'O BUYIIR. Any notice to Buyer shall he effective when received by Buyer, or, if this boz is cbeck~ when received by Selling Cmnpany. 26. NO'1'iCE'I'O SELLER. Any notice to Seller shall be effective when received by Seller or Listing Company. 127. MODIFICA'LION OFTHIS CONI'RACP. No subsequent modificatimt of any of Ute terms of dtis contract shill be valid, bituiingupon Ure parties, or enforceable unless made in ryriling end signed by Uie parties. 28. IINI'IRE AGREEMHNI'. This contmct constitutes the entire contract Irehveen Ute parties relating to the subject hereof, and any prior agreements pertaining thereto, wheUter oral or wnllen, havebeen merged and integrated into this cmrinct. 29. NOTICE OFACCEI'TANCE: COUNI'ERPAR'I'S. This proposal shall expire unless accepted in writing, by Buyer and Seller, as evidenced by Uteir signatures below, and the offering patty receives5totice of suclecceptance on tir before April 29 5 PM . l9 99 (Acceptance Deadline), if accepted, thts document shall become a contmct behveen Seller and Buyer. A copy of Utis docwnent may be executed by eachparly, sep, rarely, and when act tarry has execuleda copy thereof, such copies taken together shall be erred to be a fulFand complete eontracl between Ute panics. --- - -- Uuycr Leslie d. Strawbridge BnyeE' arles W..Reatvo _. Date of Buyer's signature April 25 l9 94 , , Date of Bnyer's signature Aprll 25 19 94 Seller's Address0252 167 Road Glenwood Springs CO 81601 - The mtdersigned IJruker(s) acknowledges receipt of Ute eamesf moneyUeposit specified h Section 3, and Selling Company confirms its Broker Relationship as set forth in Section 24. Selling Company Joshua & Co Name and Addmss _.. . By. April 25 1994 l9 Wendalin Whitman - _. ..,....Date ... ". ._... I,isling Company N/A .. :.. ......:.. Name and Address ~.. iJy: 19 "Date. _.. - Note: Closing Instructions should be eigned at the time this contract is dgaed. CB53 1-94 Vacant LanJ/Faun and Ranch Contract to buy and Sell Real Bstate McAllister Publishing (800))JG 1027 Prepared at Joshua & Co. of Aspen, Inc., Aspen CO 9258810 btitialed by Uatc of Seller's signannc April 28, .19 99 Date rrf Seller's signatureAprll 28, ,19 94 County of Pitkin } State of Colorado } AFFIDAVIT OF NOTICE BY Ss- POSTIDTG OF A PIIBLIC BEARING FOR A PITRIN CODNTY DE9ELOPMENT PERMIT The .undersigned, being first duly sworn,- deposes and says as follows: - being or representing an Applicant for a Pitkin County Development.. Permit, persanally certify that the attached photograph fairly and accurately represents the sign posted as notice of the public hearing on this matter in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the sign was posted and visible cantinuously from the ~~ day vin -h~. of / 9 l~ 1g~'(J~ to the ~L day of ~ 19~~ I (Must be posted for at least 15 days before the public hearing). Applicant's Signature e Subscri Sd and swo n ta"°~~~o~re me this ~( day of ~a:+P~..`~a••••-y..'7~~~ a ~ y, WITNESS MY HAND AND r ~ 3CIA'L" SEgFt+._ ~; My commission expre~:'`~~~ 1 `a ~: U i~CAG^rt.~l U.E~G~ - ti Notary Public°s Sl mature ~('~ `(~G,+ic Cr/c (e ° ~fjasa-P-k~ ~P7 8!G.7~t Address ~ ~ CERTIFICPiTE OF MAILING RE: RESTIVO/STRAWBRIDGE 1041 HAZARD REVIEW E GENERAL SUBMISSION _ I hereby certify that on this 10th day of May, 1995, a true and correct copy of the attached Notice of Public Hearing was deposited in the United States mail, first-class postage prepaid, to the adjacent property owners as indicated on the attached list of adjacent property owners which was supplied to the Aspen/Pitkin Planning Office by the applicant in regard to the'case named on the Public Notice. By: Suzanne Wolff Administrative Assistant frm.mailing ~, PUBLIC NOTICE RE: RESTIVO/STRAWBRIDGE 1041 HAZARD REVIEW & GENERAL SUBMISSION NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, June 14, 1995 at a regular meeting to begin at 5:00 pm before the Board. of County Commissioners, District Courtroom, 506 E. Main St., Aspen to consider an application submitted by Chuck Restivo and Leslie Strawbridge requesting 1041 Hazard Review and General Submission approval for construction of a single family residence. The property is located at Parcel 6, West Sopris Ranch; WZ of Section 22, Township 8 South, Range 87 West of the 6th P.M. For further information contact Rick Magill at the Aspen/Pitkin Community Development Department 920-5062. s/Michael C. Ireland, Chair Board of County Commissioners Published in the Aspen Times on May 13, 1995 Pitkin County Account _ , . ", ~; Adjacent Land Owners The following list represents the adjacent landowners to Lot 6 in the west Sopris Creek Subdivision. This information was obtained on 14 September 1994 per Debbie at the Pitkin County Assessor's Office (920-5160). 1. Anna Mae Griffiths (Mrs.) 10080 W. 8th Place, Lakewood, CO 80215 2• Mr. Cleon L. Griffiths 10080 W. 8th Place, Lakewood, CO 80215 3. Mr. Franz T. Stone Diversified Business Systems P.O.- Box 0429, Clarence, N.Y. 14031 4• Mr. Mark N. Pernis P.O. Box 1837, ftailua-Rona, HI 96745 5• Mr. David E. Bork -- c/o CODA, Inc. 117 AABC, Aspen, CO 81611 ~, .` ___ ~' W ~ _ ._.~"~ ~. ~!- ~;~ I ~r 3$/9 ~f-sip-~-~, , PIT3CTf~` `COOINT`7f PRE-APPLICATION COITi+pR~~fCL+` ~OTIMIriR'Y " i~A`l`E: 7/27/94 PLANNER: Rick Magill PROJECT: Strawbridge/Restivo Residence A~':~LICANT'8 REPRESENTATIV$: Leslie Strawbridge & Chuck Restivo E:S2e;1E£SEti7CA'1'IVE'& FHONE/FA%: 925-4550/963-89`33 ONF~LR'S NI;tiE: Nick Terliamis OSYL'ER' U Pd34 '/FAB: SDNMARY 1. Type u? Application: 1041 Hazard Review & General Submission 2. Describe action/type of development being requestted: The Applicant is requesting approvals for the construction of a single family residence on an approx. 35 acre lot located in the West Sopris Creek Subdivision off of West Sopris Creek Road. 9. Areas in which Apglicant has been requested to espohd, type§ of reports requested: Code._Sectiorz,/Poliov Area Comineats Seca ions: 3-805 - Geologic Hazards: Slopes in excess of 15$; mancos shale deposits; potential avalanche 3-807 - Wildfire Hazards: mapped as Severe Hazard ~~ ~- Area 3-808 - Wildlife Hazards: elk winter range, winter concentration areas, and critical habitat; mule deer winter range and winter concentration areas. 3-11 - Improvements and Services (water, sewer, utilities, access) Referral Agencies 1. County Attorney 2. County Engineer 3. Zoning Office 4. Environmental Health 5. Division of Wildlife 6. Colorado State Forest Service 7. Basalt Fire District 8. Sheriff 4. Review is before: P&Z and BOCC _~ ! 5. Public Heari:" BOCC ti. The applicant seeds to poet a sign for each public hearing pI1r9AAnt to 8eotioII 4-9 Of the. Code. (8)YEB NOO 7. Please submit a list of Adjacent Property Garners: (8)YE8 N0 O 8. Th.e Applicant shall provide stamped, pre-addressed, letter sire envelopes, with the return addre3ss of the3 Planning Department, for mailing to all adjacettt property owners. (B)YES NO O 9. Number of copies of application packets to be ubmitted: 24 10. Planning office fee deposit required: $ g~g,0®_ Referral Fess required: Countp 8ngineer $ 60.00 Environmental Health $ 60.00 Housing Department $ Total Deposit• $1098.00 12. Anticipated date of submission: 13. COMMENTS/IINIQOE CONCERNS: Please include a geologist's report with each application packet, as discussed in the pre- application meeting. 14. FOR A COMPLETE APPLICATION,`PLEABE'INCT,UDL THE`"FOLLOWINGe 1. Letter of request, addressing Code Sections listed above; 2. 24" x 36" Site Plan which includes proposed"building envelope, proposed access, topographic information at 2' contour intervals, proposed and existing structures and vicinity map; 3. letter from property owner authorizing.representative (1 capy.only); 4. copy of this pre-app form; 5. application fee; 6. proof of ownership; ~ 7. documentation of chain of title/ non-merger of lands from title company or attorney (2 copies only); 8. agreement for Payment form (1 copy only). preapp.strawbridge.1041 ~'"'`e , ASPEN/PITKIN CO TY DEVELOPMENT DEPARTNI~NT 130 South Galena Street Aspen, Colorado 81611 Phone 920-5090 FAX 920-5439 MEMORANDUM TO: County Attorney County Engineer n~aix?onit~ental„Health ~" Zoning Sheriff Basalt Fire CO State Forest Service CO Division of Wildlife FROM: Rick Magill, Planning Office RE: Restivo/Strawbridge 1041 Hazard Review & General Submission Parcel ID #2465-223-00-008 DATE: October 31, 1994 Attached for your review and comments is an application submitted by Chuck Restivo & Leslie Strawbridge. Please return your comments to me no later than December 5, 1994. Thank you. - .;,> ASPEN/PITKIN PLAr1~1G OF"~'I~E A reement for Payment of Pitkin County Developtrient Application Fees Pitkin County (hereinafter COUNTY) and Leslie SI-rnw6r~dsc + Ctiv~l; R6srryo (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for $TRRvJ32,a,p~E/RLS7°CVD R~S~D6NCE (hereinafter, M..~, ~~ T" ~ r,~;~ 2. APPLICANT understanc~s~~'~ n ag~~~'es ~~~ i~iat Board of County Commissioners Resolution No. 91-08 and Otditi~nce No. 93-1 established a fee g PP PP g ... feesais ae condPlion c re d~en~t a deeRrm naCTri ~ing consultant costs) as part of ~nd the payment of all processing P of application completeness. . 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is impossible to ascertain the full extent of the costs involved in processing the application upon initiation of case processing.. APPLICANT and COUNTY further agree that it is in the interest of the parties to permit payment of an initial deposit and to permit additional costs to be billed on a monthly basis. APPLICANT agrees he .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 Co~umission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. ~` 5. Therefore, APPLICANT agrees that in consideration of the. COUNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $_~1~~~g_y~which is for ~_ hours of Planning Office time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to COUNTY to reimburse the COUNTY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY B Suza a Koncha County Planning Director _ APPLICANT By: (~ ~~ lc ,P~sf; vv t Lcs/rc S~~ wd~, ~~. Mailing Address: p•o• Box /SPz G4h ~So~oA-~~ ~ ~ y ~/C Z 3 Date:. ~ D c T 9 ~ 2 __ _ ~, .CASELOAD SUMMARY SHEET 'Tj ~ 3 / PITKIN COUNTY ~~ ~~ DATE RECEIVED: 10/14/94 CASE # P124-94 DATE COMPLETE: PARCEL ID# 2465-223-00-008 STAFF MEMBER: RM PROJECT NAME: Restivo/Strawbridae 1041 Hazard Review & General Submission Project Address: West Sopris Ranch, Parcel 6 APPLICANT: Chuck Restivo & Leslie Strawbridge Applicant Address: P.O. Box 1582 REPRESENTATIVE: Representative Address/Phone: FEES: PLANNING $ 978 # APPS RECEIVED 24' ENGINEER $ 60 # PLATS RECEIVED 24 HOUSING $ ENV. HEALTH $ 60 TOTAL $1098 TYPE OF APPLICATIONt STAFF APPROVAL: l STEPd 2 STEPt X DRC MEETING DATE P&Z MEETING DATE _ Z'~j~~'~tj'-- PUBLIC HEARING: YE NO - y BOCC MEETING DATE PUBLIC HEARING. YES' NO HEARING OFFICER MEETING DATE: REFE}2RALS ; Attorney -Aspen Consol S. D. School District Engineer -Rocky Mtn Nat Gas USES (Carbondale) .Housing -Holy Cross USFS (Aspen) /Aspen Water ~~~pen Fire ~ Div. of Wildlife Envir.Hlth. ~Z i / Basalt Fire BLM On ng -Carbondale Fire Snowmass Village Land Mgmt. Div. Water-Res. Risk Manager Airport Mgr. ~~ State Forest Ser. Caucus Sheriff _CO Geo. Survey Homeowners City P & Z _CDOT Open Space Board Building Dept -Clean Air Board Other: -Brush Ck Metro Dist _ Other: DATE REFERRED:- ~' ~ ` INITIALS'i ~~ DATE DUE: ~z~~ RESOLUTION #: 9~ q~ ~ ~I~-~~( DATE: ` PLAT OR SITE PLAN RECORDED AT"BOOK" "" FINAL ROUTING: DATE_ROUTED: ~_oZ~Z- INITIAL: k.1./-~ County Attorney County Engineer Zoning Housing _Envir. Health Applicant Open Space Bd. Other: ! FILED: I Revised05/16/94 .~ .,. -~ :.. ~ ~ .v ,,