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THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P&Z
Ordinance for the BOCC and/or P&Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat copies (llxl'n
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SILVIA DAVIS PITKSN COUNTY RECORDER
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITRIN COUNTY, COIARADO GRANTING GENERAL SUBMISSION AND 1041
HAZARD REVIEW APPROVAL TO THE SHAFFER LOW IMPACT `SUBDIVISION
Resolution No. 89-~J
~.
WHEREAS, Alan and Sally Shaffer, hereinafter "Applicants",
have applied to the Board of .County Commissioners of Pitkin
` County,. Colorado, hereinafter "Board", for Generale Submission
approval of a Low Impact. Subdivision and 1041 Hazard Review for
Wildlife and Wildfire; and
WHEREAS, the property is approximately 220 acres, zoned RS-
30 and is located at 2053 East Sopris Creek Road, Sections 23,
24, 25 and 26, Township 8 South, Range 87 West, more specifically
described in Exhibit "A".attached; and
WHEREAS, this proposal is to create a Low Impact .subdivision
of four free-market lots pursuant,to Section 4-6.1 of the Pitkin
County Land Use Code; and
WHEREAS, there are already two existing residences on two
of the lots and there will be an addition o£ two new •.nde<reloped'
lots on the site; and
WHEREAS, 159 acres out of the total 220 acres will be deed
restricted against further 'development and maintained as
pastureland and wildlife habitat; and
WHEREAS, the Planning and Zoning Commission. heard this
application at their regularly scheduled meeting on September 5,
1989, at which time. they recommended approval of the 1041 Hazard
Review and General Submission; and
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Resolution No. 89-~
Page 2
WHEREAS, the Board heard this application at their ..regularly
scheduled meeting on October 24, 1989, at which time evidence and
testimony was presented with respect to this. application; and
WHEREAS, the Board finds that the Applicants have complied
with the General Submission criteria for a Low Impact Subdivision
and 1041 Hazards for Wildlife and Wildfire; and
NOW, THEREFORE, BE IT RESOLVED. that the Board does.. hereby
grant General Submission and 1041 Hazard Revew_approval to the
Shaffer Low Impact Subdivision subject to the following
conditions:
1041 Hazard Review
i) Covenants for the Subdivision shall require individual
homeowners of the newly created lots` to install fire
and smoke alarm detectors, multiple fire extinguishers
and a water holding cistern with standpipe or an n-
house .sprinkler .system. Said Covenants shall also
require homeowners to abide. by the "Wildfire Safety
Guidelines For Rural Homeowners,"` 7. Bruce Coulter,
Colorado State Forest Service, 1988.
2) Wildlife habitat shall be mitigated in .the following
manner:
a) Dogs shall be prohibited, with the exception of
the two dogs presently owned by the applicant.
Once deceased, they shall not be replaced.
b) Native vegetation shall be maintained outside. of
building,. envelopes, (with the exception of areas
already in agriculture).
c) All fencing shall. be. 42" or less in height, and 3
strand or less, or as specified by the Division of
Wildlife. Fencing standards acceptable to the
Division of Wildlife shall be included in
Subdivision Covenants.
d) Grazing sha71 be prohibited in the area ..generally
west of the upper irrigation ditch, or as
specified by the Division of Wildlife.
3) The applicant shall comply with recommendations made by
Nick Lampiris in his letter of April 28, 1989. They
are as follows:
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Resolution No, _89
Page 3
a) A soils engineering study shall be conducted prior
to issuance of a building permit to insure proper
foundation design.
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b) Sheet flow water shall be directed. positively
around the homesites so that water does not
saturate the foundations. This design shall be
approved by the County Engineer prior to issuance
of a building permit.
c) Driveway design shall incorporate a drainage plan
to prevent erosion downslope £rom the road. Said
design shall be approved by the County Engineer
prior to issuance of a building permit.
Low Impact Subdivision
4) The applicant shall grant an additional ten feet of
right-of-way to the County along 'East Sopris Creek
Road. Said right-of-way, to be used for maintenance
and future improvements, shall be granted at the time
of Final Plat. _.
5) Prior to issuance of building permits, the applicant
shall upgrade the first 500' of access road into the
subdivision to Couhty Road standards applicable at the
time of building permit issuance..
6) Prior to issuance of any building permits, vegetation
at the intersection of the subdivision road and East
Sopris Creek Road shall be cut back along the County
right-of=way to"insure adequate sight distance of 250'
in both directions. This work shall meet the approval
of the County Engineer.
7) Prior to issuance of building permits, all utilities to
building sites shall be buried within the subdivision
access roads.
8) Prior to issuahce of water well permits for the new
residences, existing well permits shall be amended to
reflect actual property boundaries, if .said boundaries
change as a result of subdivision.
9) Prior to issuance of a building permit, septic systems,
final water plans and test well results shall be
reviewed and approved by the Environmental Health
Department.
10) Development on lots shall comply with applicable Pitkin
County Air Quality regulations governing wood burning
devices in effect at the time, of building permit
issuance.
11) Thirty acres on Lot 1, and all of Lots 3 (50 acres) ,
and 4 (79 'acres), shall be deed.. restricted against
further development, (with the exception of attached
employee units which may be allowed, subject to review
by the Board of County 'Commissioners).
12) Water rights shall be allocated and conveyed with the
pastures to permit continued irrigation on site. Water
rights allocation and conveyance shall be set forth at
the time Final Plat.
13) Irrigation Ditch and Fence maintenance shall. be
addressed in subdivision covenants.
14) With the exception of subdivision boundary periphery
fencing; and fencing within the building envelope of
Lot 4, new fencing shall be prohibited west of the
upper irrigation ditch. Said prohibition shall be
included in the subdivision covenants.
APPROVED by the Board at its regular meeting on October 24,
1989.
BOARD OF COUNTY COMMISSIONERS
OF PITRIN COUNTY, COLORADO
~/
By ~ ~Yit~~
olette Penner. Chairman
ATTEST:
~ t/ i9
anette Jone
eputy County Clerk
APPROVED AS TO FORM:
Thomas F. Smith,
County Attorney
APPROVED AS TO CONTENT:
C~
M gerum,
Planning Directo
ELS/RESO SHAFFER LIS BOCC
T ~ r "^,
eooK '~;l ~ ~au~~
EXHIBIT "A"
Shaffer Pro ep rty
Alan Shaffer and Sally G. Shaffer as_fee simple owners of:
Lots 2, 3 and 4, SIRPOS RANCH, according to the Plat thereof
recorded in Plat Book 73 at Page 34 and amended by Plat
thereof recorded in Plat Book 14 at Page 35.
County of Pitkin, State of Colorado.
The Shaffer Group, Inc. Retirement Trust; Alan Shaffer, Trustee as
fee simple owner of;
Lots 1, 5 and 6, SIRPOS RANCH, according to the plat thereof
recorded in Plat Book 13 at Page 34 and amended by Plat
thereof recorded in Plat Book 14 at..Page 35.
County of Pitkin, State of Colgrado.
. ,
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AGENDA ITEM SUMMARY
TO: Board of County Commissioners
Regular Meeting - October 24, 1989
RE: Shaffer Low Impact Subdivision General Submission and
1041 Review
FROM: Ellen Sassano, Planning Office P ~" rn~~^'
APPLICANT'S REPRESENTATIVE: "Jim Curtis
ISSUE: The applicant is requesting General Submission approval
of a Low Impact Subdivision (LIS) pursuant to Section 4-6 of the
Land Use Code to create a subdivision of four lots. Two lots
will contain existing units and two new lots.. will be created.
(Staff notes that this application was reviewed under existing
LIS regulations. It was submitted and deemed to be complete
prior to September 26, 1989.) A 1041'°Review is also being
requested, pursuant to Section 5-400 of the Code.
SITE HISTORY: In 1982 a 35 acre subdivision plat was recorded
for the subject property which is known as the Sirpos Ranch. The
subdivision created six lots. There are currently two legally
created residences on Lots 1 and 2 of the existing Subdivision.
At the time of subdivision, Alan Shaffer owned a 50% interest in
the Ranch. In 1988 the Shaffers bought-out the remaining 50%
interest. Pursuant to the merger provision in the Code, the
County considers the property to be one 220 acre parcel with two
existing dwellings. The applicant wishes to subdivide said parcel
into four lots. If the 'subdivision request is approved, there
will be a total of four primary residences (two existing and two
new) on the 220 acre ranch...
LOCATION: 2053 East Sopris Creek Road, Sections 23, 24, 25
and 26, Township 8 South, Range 87 West
STAFF RECObIl4ENDATION: Planning Staff and the Planning and Zoning
Commission recommend .approval of the Shaffer 1041 Hazard Review
and Low Impact Subdivision subject to the conditions of approval
listed in the Planning Staff memo of October 24, 1979.
ELS
AIS_SHAFFER_LIS
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MEMORANDUM
TO: Board of County Commissioners
FROM: Ellen Sassano, Planning Office
RE: Shaffer Low Impact Subdivision General Submission and
1041 Review
DATE: October 24, 1989
APPLICANT: Alan & Sally Shaffer
APPLICANT'S REPRESENTATIVEb aim Curtis
LOCATION: 2053 East Sopris Creek Road, Sections 23, 24, 25 and
26, Township 8 South, Range 87 West
ZONING: The property is zoned RS-30 and contains approximately
220 acres.
REQUEST: The. applicant is requesting General Submission approval
of a Low Impact Subdivision (LIS) pursuant to Section 4-6 of the
Land Use Code to create a subdivision of four lots. Two lots
will contain existing units and two new lots will be created. A
1041 Review is also being requested, pursuant"to Section 5-400 of
the Code.
SITE HISTORY: In 1982 a 35 acre `subdivision plat was recorded
for the subject property which is known as the Sirpos Ranch. The
subdivision created six lots. There are currently two legally
created residences on Lots 1 and 2 of the existing Subdivision.
At the time of subdivision, Alan Shaffer owned a 50% interest in
the Ranch. In 1988 the Shaffers bought-out the remaining 50%
interest. Pursuant to the merger provision in .the Code, the
County considers the property to be one 220 acre parcel with two
existing dwellings. The applicant wishes to subdivide said parcel
into four lots. If the subdivision request is approved, there
will be a total of four primary residences (two existing and two
new) on the 220 acre ranch.
REFERRAL COMMENTS:
1) LAND USE ENGINEER: In his memo of August 29, 1989, Tom
Newland had the following comments:
Impacts on County Road Svstem• The proposed development
represents an insignificant increase in daily traffic
volumes on East Sopris Creek Road..
There is currently a 40 foot wide easement or right-of-way
along East Sopris Creek Road. The County requests an
additional 10 feet of right-of-way to "better facilitate
County maintenance and future capital improvements to the
road.
Internal Road Desian: Tom recommends that the applicant
upgrade the first 500' of the Subdivision access road to
Class V Country Access standards. This upgrade would
improve the access road to a 20 foot wide graveled driving
surface. Tom also recommends that the access road be re-
routed so that it is perpendicular to East Sopris Creek Road
at the point at which the two roads intersect. Finally he
recommends that any vegetation along the County right-of-way
be .cut. back where necessary to insure an adequate sight
distance of 250 feet in both directions.
within the access roads.
recommends that all
building endelopes
2) ENVIRONMENTAL HEALTH DEPARTMENT: In his_memo of July 3, 1989,
Rick Bossingham makes the following comments:
Sewage Treatment and Collection: Standard individual sewage
disposal systems are"likely to be successful.
Adequate Provisions For Water Needs:` An' adequate water
supply can be developed for each lot.
Air Oualitv: Any residential construction must comply with
applicable regulations governing wood burning devices. No
significant.. air quality impact is expected from this
proposal.
3) DIVISION OF WILDLIFE: No written or verbal. comments have been
received to date.
4) DIVISION OF WATER RESOURCES: In his memo of June 21, 1989, Hal
Simpson, of the Division of Water Resources, requests that any
boundary adjustments to existing lots which may occur as a part
of this subdivision be reflected in well permit amendments. Both
existing lots have well permits. Iri addition, he comments that
well permits will be available upon application for the two new
lots. The new .permits will require nonevaporative waste water
disposal systems and that return flows' go to the same stream
system as the well is in."
PLANNING STAFF COMMENTS
Low Impact Subdivision
The following staff review will address the conformance of the
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proposed Low Impact Subdivision with the requirements and
guidelines of the Low Impact Subdivision contained in Section 4-6
of the Land Use Code. The regulation criteria .and the staff
response follow:
(C) Requirements
(i) Low impact subdivision shall only be allowed in the AF-
1, RS-20 and RS-30 zone districts on lands located
within the boundaries of the Down`Va11ey Planning area
as identified on Exhibit "A" of Resolution #88-64. In
the event that a parcel of land proposed for
development is located. within both the Down Valley area
and Aspen area, or Crystal River/Frying 'Pan areas, the
applicant shall be eligible to apply for a low impact
subdivision for that portion located; in the Down Valley
Planning area. An applicant seeking a low impact
subdivision for a parcel of land located within both
the Down Valley area and Aspen area or Crystal/Frying
Pan areas shall be required to meet with the Planning
Commission in a pre-application conference as provided
in Section 6-2.3 of the Land Use Code in order to
determine which portion of land is located in the Down
Valley area. The Planning and Zoning Commission
decision shall include. but note be limited to the
following criteria: topography, natural features and
access. Regardless of location, a low impact
subdivision shall only be available for parcels of land
which already contain one dwelling unit or which
qualify for a growth management. exemption. for a
dwelling unit pursuant to Section 5-510.2(c).
Staff Response:
The property is zoned RS-30, contains approximately 220
acres and is located in the Down-Valley area. The fathering
parcel (Lot 2 of the Sirpos Ranch) contains an existing
dwelling unit. As such, the property qualifies for Low
impact Subdivision review.
(ii) Applicants are entitled to subdivide up to four (4)
lots in a low impact subdivision when these
requirements are meta For each dwelling unit which is
to be obtained pursuant to these regulations, the
applicant shall be required to restrict against further
development land equivalent to two and one half (2 1/2)
times the minimum lot area required. in the underlying
zone district. The applicant shall be able to meet
this requirements be either subdividing a lot of such
size, locating the new unit on the lot, and permanently
restricting the lot against further subdivision or
additional development; or by subdividing a smaller
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lot, which need not meet the minimum .lot area required
in the zone district, and by making up the acreage
required by the placing- restrictions against further
development on that lot and other lands which are fully
undeveloped within the fathering parcel.
Staff Response:
This application proposes a total of four lots on the ranch...
Lot 2, containing an existing residence, will be 38 acres in
size. Lot 1, which also contains an existing residence,
will serve as the "fathering" parcel. It is 53 acres in
size. (It is required to be at least 30 acres in size.)
There must be a total of 150 deed restricted acres in the
subdivision to satisfy the LIS requirement to deed restrict
two and one half. times the underlying none density against
further development. The _ applicant proposes to deed
restrict a total. of 159 acres. Lot.#3 contains 50 deed
restricted acres and lot #4 contains 79 .deed restricted
acres. Thirty of the 53 acres in the fathering parcel will
also be restricted against further development. The
requirement is met.
(iii) Applicants shall also be ..provided the option of
developing one permanent moderate housing (PMH) lot
within the subdivision, provided that such lot shall
meet price restrictions approved by the Aspen/Pitkin
Housing Authority and occupancy guidelines of the
Aspen/Pitkin Housing Authority, for qualified low and
moderate income employees. Any lots created pursuant
to these provisions shall' be exempt Prom any
calculation of minimum lot area per' dwelling unit for
the entire parcel, and shall not count as a unit of
density. Lots created in this manner may be of a size
equal to or less than the minimum lot size of the
underlying zone district.
Staff Response:
The applicant. does not choose to exercise the option of
creating a PMH lot. In order. to-keep visible density on
site to a minimum, they prefer to provide employee housing
in the form of an attached employee unit or units which may
be applied for at a later date pursuant to Section 3-8.13 of
the Code.
(iv) Subject to the limitations specified herein, applicants
who shall have obtained the right to subdivide through
the full subdivision process, Growth Management process
or Growth Management exception process as listed in
Section 5-51-.2(c)(d)(e)(g) and O prior to August 25,
1987 shall be permitted to apply for additional
development through these provisions on said lands.
Any lots for' which such rights have already been
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obtained on said lands must be deducted from the
cumulative total number.. of .lots which may be obtained
on such lands by the low impact subdivision exemption.
Existing units on the parcel which have .not previously
been subdivided from the parcel, except as provided for
in Section (vii) below, shall not count against the
cumulative total number of lots which may be approved
unless the land on which they are located is subdivided
as a separate lot. This subsection does not apply to
any lands on which a restriction against further
development has been placed, and such lands shall not
be eligible for additional development pursuant to
these regulation§.
Staff Response:
If the two built 35 acre lots are deducted, the applicant
has 150 acres remaining which allows 2 new LIS lots to be
created.
Under the existing LIS regulations, this proposal will
constitute full development of the property because there
will be less than 30 acres remaining if this project is
approved.
(v) No illegal dwelling units .shall exist on the property,
or illegal dwelling units shall be legalized pursuant
to Section 3-8.13 (d) of the Land Use Code or otherwise.
Any dwelling unit unable to meet the criteria of
Section 3-8.13(d) or qualify for approval under these
regulations, shall be demolished as a condition of
approval and ,prior to issuance of any building permit
fora'residence in a low impact subdivision exemption.
Staff Response:
Tom Smith has researched the legal status of the existing
residences on site and determined that they are both legal
units.
(vi) Where a low impact subdivision is approved and after
meeting the requirements of these regulations there
remain lands not restricted against further development
which also meet all applicable zone district
requirements, such lands shall be eligible for further
development pursuant to the subdivision regulations and
Growth Management regulations (Section 5-510) of and
Land Use Code.
Staff Response:
If this application is approved, there will not be enough
unrestricted land available for further development.
(vii) An applicant may request approval- through the Low
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Impact Subdivision Regulations for a parcel of land as
it was configured as of January 1, 1987. Parcels
created after such date shall not be eligible for low
impact subdivision, provided that if the subdivision
was for fully developed land of 35 acres or greater,
then the fathering parcel shall remain eligible for low
impact subdivision. However, on eligible lands, lots
may be created through the Low "Impact Subdivision
Regulations over a series of years and need not be
created all at one time. For parcels of land
subdivided between January 1, 1987 and September 15,
1987 to be eligible for a low impact subdivision, the
applicant shall be required to demonstrate to the sole
satisfaction of the Board of County Commissioners that
the subdivision did not create `lots in addition to
those to which the fathering parcel is already entitled
pursuant to this Section 4-6.1.
Staff Response:
This property is in the same configuration as it was on
January 1, 1987.
(viii) All lots created through the Low Impact Subdivision
process shall be single family lots, as defined in
subsection 4-6.2(c)(i) provided that -if the lot does
not meet the minimum lot area requirement of the
underlying zone district, as provided in subsection 4-
6.1(c)(ii), it shall not be eligible to contain an
accessory dwelling unit.
Staff Response:
If this subdivision is approved, each of the lots shall be
limited to one primary single-family residence. As all of
the lots meet the minimum lot area requirement in the RS-30
zone, they are all eligible to contain an attached employee
unit.
(ix) The approval of a low impact subdivision must be based
upon a finding by the Board (upoh Yecommendation by the
Planning and Zoning Commission) that an application is
found to be low impact in nature. Such a determination
must include findings by the Board that all of the
following basic requirements have been satisfied.
Staff Response:
a. Clusterina - The two new homesites are clustered on the
edge of the back pasture of the property to minimize their
impact. They are located outside of any critical wildlife
habitat, irrigated meadows or agricultural lands. The
homesites have been located to minimize their visibility
from East Sopris Creek Road. Homesite #3 is located on the
_-~~ . , : .
northern edge of the pasture among stands of large scrub oak
which will help screen the homesite. Homesite #4 is located
on the western edge bf the pasture above' the upper
irrigation ditch in a gently rolling sage/grassland pocket.
The new homesites are located such that there should be
little significant disruption of land from its natural
state.
b. Utilities - Electric and telephone utility extensions
will be underground in the driveway to the sites.
Significant land disruption should not occur as the result
of utility provision to the site.
c. Roads - Access to the homesites is off the driveway to
the existing homes. The new driveway will follow the uphill
edge of Dry Creek in order not to divide the existing
pasture land. The driveway will then turn westerly along
the existing fence line. again in order not to divide the
existing pasture land. The driveway alignment is situated
to avoid as much disruption to the land and visual plane as
possible.
d. Visual - The lot configuration is designed such that the
new homesites will have roughly the same' visibility from
East Sopris Creek Road as most of the existing homes
scattered along the road. In order to minimize their
visibility, the homesites have been located off the higher
more visual uplands of the property and are not directly
bordering East Sopris Creek Road.
e. Agriculture and Wildlife - The presently irrigated
pastures are used as horse. pastures and will continue to be
used as same. The water rights will be allocated and
conveyed with the pastures to permit continued irrigation.
Reciprocal irrigation ditch and ditch access easements will
be granted among the lots.
The site is located in Elk and Mule Deer Winter Range. Randy
Cote has reviewed the siting of the building envelopes and
is satisfied that their location will not interfere with
wildlife use of the property. The .applicant agrees to
mitigate any habitat impact and to comply with
recommendations of the Division of Wildlife, which are as
follows:
a) All dogs shall be prohibited.
b) Native vegetation shall be maintained outside of
building envelopes, (with the exception of areas
already in agriculture).
c) All fencing shall be 42" or less in height, and 3
strand or less.
d) Grazing shall be prohibited in the area generally west
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of the upper drainage ditch.
(D) Low Impact Subdivision Development Guidelines
(i) Locational Site Planning Guidelines
Staff Response:
The applicant has deed-restricted large contiguous tracts of
wildlife land and visually sensitive agricultural lands
along East Sopris Creek Road.
(ii) Visual Site Planning Guidelines.
Staff Response:
a. To a reasonable extent, building envelopes and the new
driveway are screened by existing topography.
b. Large landforms and manmade visual barriers have not
been relied on to justify building in scenic areas.
(iii) Guidelines to Minimize Interference with Agriculture
and Wildlife
Staff Response:
a. The applicant indicates. that covenants will be adopted.
Said covenants will address provisions for adequate water
rights, and the kenneling and leashing of'dogs. As the area
is not mapped as critical winter range, said dog
restrictions should be adequate. While fencing currently
exists between the residential and agricultural uses, the
applicant does not discuss maintenance of said fencing.
b. As the subdivision proposes no lots smaller than the
minimum lot size of the RS-30 zone district, PLTD regulations
are not appropriate.
c. A portion of the proposed driveway will follow an
existing fenceline. The applicant has not addressed the
possibility of normal driveway maintenance_(such as snow
removal) and its' possible damaging effect to agricultural
fences.
d. If, at some point, the development site adjoins stock
operations, maintenance of fences should be addressed.
Maintenance responsibilities should be discussed in the
subdivision covenants.
e. Irrigation Ditch maintenance should be addressed in the
subdivision covenants.
f. Irrigation ditch access easements will be granted among
the lots and will be set .forth at Final Plata
(iv) Priority Preservation Lands
Staff, Response:
8
The applicant has deed-restricted the upland wildlife lands
and visually sensitive agricultural lands along East Sopris
Creek Road.
Low -Impact Subdivision Summary: It is staff's opinion that this
application meets the requirements and guidelines of the Low
Impact Subdivision regulations. Low density and a clustered lot
configuration produce a subdivision which is sensitive to visual
impacts, and not detrimental to limited County resources.
1041 Environmental Hazard Review
The general topography of sites #3 and #4 is that of a gently
southeast sloping hillside with grass in the irrigated area of
site #3, and sagebrush in the non-irrigated area of site #4. The
area to the west. of the building envelopes rises more steeply up
to a ridge:.
The site is encumbered by the following mapped 1041 environmental
hazards and resources:
1. Severe Wildfire Hazard (Brush)
2. Elk and Mule Deer Winter Range
Wildfire
Wildfire hazard on site is due to .grasses, sage and understory
growth in the vicinity of the proposed homesites. Given the low
density of the homesites, the applicant proposes tha£ fire
protection be handled on an individual homeowner basis.
"Covenants will require the homeowner to install fire and smoke
alarm detectors, multiple fire extinguishers and a water holding
cistern with standpipe or an in-house sprinkler system."
Covenants will also reference the "Wildfire Safety Guidelines For
Rural Homeowners," J. Bruce Coulter, Colorado State Forest
Service, 1988.
Wildlife Habitat
The site is located in Elk and Mule. Deer Winter Range. Randy Cote
has reviewed the siting of the building envelopes and is
satisfied that their location will not interfere with wildlife
use of the property. The applicant agrees to mitigate any habitat
impact and to comply with recommendations of the Division of
Wildlife, which are as follows:
a) All dogs shall be prohibited.
b) Native vegetation shall be maintained outside of building
envelopes, (with the eki:eption of areas already in
agriculture).
c) All fencing shall be 42" or less in height, and 3 strand or
less.
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d) Grazing shall be prohibited in the area generally west of
the upper drainage ditch.
Geologic Hazards
There are no mapped geologic hazards on site. However, a
geologic report, prepared by Nick Lampris evaluates.the two new
proposed homesites as they relate to the local geology. His
report confirms that there are no unusual... geologic hazards
associated with the site. He recommends that soils engineering
be conducted for each homesite for proper foundation design. He
also recommends that sheet flow water be directed positively
around the homesites. so that water does not saturate the area
around the foundations.
Regarding access to the sites, he notes that there are "no
unusually adverse conditions but (that) the (driveway) design
should include a drainage plan to .prevent unacceptable erosion
downslope from the road."
The applicant has, to the satisfaction of the .Planning
Department, agreed to mitigate existing 1041 concerns on site.
RECONI[+IENDATION
1041 Hazard Review
Planning Staff recommends that the Board of County Commissioners
grant approval of the Shaffer 1041 Hazard Review subject to the
following conditions:
1) Covenants for the Subdivision shall require the
individual homeowners of the newly created lots to
install fire and smoke. alarm detectors, multiple fire
extinguishers and a water holding cistern with
standpipe or an in-house sprinkler system. Said
Covenants shall also require homeowners to abide by the
"Wildfire Safety Guidelines For Rural Homeowners," J.
Bruce Coulter, Colorado State Forest Service, 1988.
2) Impacts on wildlife habitat shall be mitigated in the
following manner:
a) All dogs 'shall be prohibited.
b) Native vegetation shall be maintained outside of
building envelopes, (with the exception of areas
already in agriculture).
c) All fencing shall be 42" or le s 'n height, and 3
strand or less.i~v ~~aP~Et ~?~G~L~'~
d) Grazing shall be prohibited in the area generally
west of the upper drainage ditch.
3) The applicant shall comply with recommendations made by
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Nick Lampris in his letter of April 28, 1989. They
are as follows:
a) A soils engineering study shall be conducted prior
to issuance of a building 'permit to insure proper
foundation design.
b) Sheet flow water shall. be directed positively
around the homesites so that water does not
saturate the foundations.
c) Driveway design shall incorporate a drainage plan
to prevent erosion_downslope from the road. Said
design shall be approved by the County Engineer
prior. to issuance of a building permit.
Low Impact Subdivision
1) The applicant shall grant an additional ten feet of
right-of-way to the County along East Sopris Creek
Road. Said right-of=way; to be used for maintenance
and future improvements, shall be granted at the time
of Final Plat.
2) Prior to issuance of building permits, the applicant
shall upgrade the first 500' of access road into the
subdivision to Class V Country Access standards
applicable at the time of building permit issuance.
3) Prior to issuance of any building permits, vegetation
at the intersection of"the subdivision road and East
Sopris Creek Road shall be cut back along the County
right-of-way to insure adequate sight dstance'of 250'`
in both directions. This work shall meet the approval
of the County Engineer.
4) Prior to issuance. of building permits, all utilities to
building sites shall be buried within the subdivision
access roads.
5) Prior to issuance of water well permits for the new
residences, existing well permits shall be amended to
reflect actual property boundaries, if said boundaries
change as a result of subdivision.
6) Prior to issuance of a building permit, septic systems,
final water plans and test well:resul£s shall be
reviewed and. approved by the Environmental Health
Department.
7) Development on lots shall comply with applicable Pitkin
County Air Quality regulations governing wood burning
devices in effect at the time of building permit
issuance.
11
~°"'~ ;
__
8) Thirty .acres on Lot 1, and all of Lots 3 (50 acres),
and 4 (79 acres), shall be deed 'restricted against
further development, (with the exception of employee
units which may be allowed, pursuant to Section 3-8.13
(a) of the Land Use Code, subject to review by the
Board of County Commissioners).
9) Water rights shall be allocated and conveyed with the
pastures to permit continued irrigation on site. Water
rights allocation and conveyance shall be set forth at
the time Final Plat.
10) Irrigation Ditch and Fence maintenance shall be
addressed in subdivision covenants.
11) Approval of Final Plat shall be contingent on
resubdivision of 35 + acre Lots 1 and 2 (at the State
level). Said re-subdivision shall adjust previously
platted lot lines so that pasture along East Sopris
Creek Road in Lot 2 (fathering parcel) can be deed-
restricted as part of the Low Impact Subdivision.
MEMO SHAFFER LIS BOARD
12
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MEMORANDITM
T0: Ellen Sassano, Plannipg Office
FROM: Tom Newland, Assistant to the County Manager
RE: Shaffer Low Impact Subdivision
DATE: August 29, 1989
I have reviewed the information submitted and would like to forward
the following comment £o you:
Impacts on County Road System: Access to the subdivsion'will be
gained from fiast Sopris Oreek Road. This road has current 'traffic
counts of 415 vehicles per'day. The addition of`2 residences and
2 caretaker units would increase traffic to 443 vehicles per day:
This represents an insignificant increase in dai y volumes. East
Sopris Creek Road is classified as a Class IV Rural Access 'roadway
capable of handling up to 700 vehicles per day.
I can not determine from existing County records if East Sopris
Creek road is located on an'`easement or right-of-way as it travels
by the subject property. If this is an easement, it is requested
that the applicant consider .granting a bona fide right-of-way to
the County for East 5opris'C"reek Road. The easement or right-of-
way is currently 40'-wide. Tt" is further requested that the
applicant consider extending the right-of-way an additional 10' in
width to better facilitate County maintenance `'and future capital.
improvements to the road.
Internal Road Design: The applicant's proposal to use County
Driveway Standards is acceptable with the exception of the"f'ir`st'
500' of access road into 't he subdivision. It is recommended that
the applicant upgrade this portion of ttie existing access road to
Class V Country Access standards. This upgrade will improve this
section of access road to a 20'-wide graveled driving surface.
Additionally, it is requested that the applicant upgrade the
intersection of the access road at Psast Sopris Creek Road to
conform with County Standards, This includes rerouting the road
so that it approaches East Sopris Creek road in a perpendicular
fashion, insuring that the slope of the road does not exceed 2~ fore
the first 20', and cutting back any vegetation along the county
f_a... ~ _.,,, _,...W
right-of-way to insure adequate sigTi't"~dis`tance of'"2'~6' in botTa
directions.
Geologic Concerns: The recommendations of Ar. Lampris should be
followed and made a part ofthe subdivision conditions.
Logical Bxtension of Utilities: It is recommended that all
utilities be buried to the proposed building envelopes within the
access roads.
To: Cindy M. Houben, Planning Office
From: Rick Bossingham, Envirorunental Health Department
Date: July 3, 1989
Re: Scaffer Low Impact. Subdivision General Submission, 1041
Hazard Review and Lot Line Adjustment
Parcel ID# 2465-243-00-004
The Aspen/Pitkin Environmental Health Department has reviewed the
above-mentioned land use submittal under authority of the Pitkin
County Code, Title II, and has the following comments.
SEWAGE TREATMENT AND COLLECTION' Sections 2-7 and 5-200•
The applicant proposes individual- sewage disposal systems for
each lot. We concur with Dean Gordon's conclusion, in Appendix 1
of the proposal, that standard systems are likely.
ADEQUATE PROVISIONS FOR WATER NEEDS• Sections 2-6 and 5-205•
We concur with Dean Cordon's report (Appendix l) that an adequate
water supply can be developed for each lot.
AIR QUALITY: Sections 2-17 and 5-106•
Any residential construction must comply with applicable
regulations governing wood burning devices. No significant air
quality impact is expected from the proposal.
NOISE: Section 2-23
No adverse noise impacts are anticipated from this proposal.
CONFORMANCE WITH OTHER LAWSe Section 2-2
This development is not anticipated to be in violation of any
other laws which fall under this department's authority.
130 South Galena Street Aspen, Colorado 61619 303/920-6070
ROY ROMER
Governor
J ERIS A. DANIELSON
State Engineer
OFFICE OF THE STATE ENGINEER
DI\~lSION OF WATER RESOURCES
1313 Sherman Street-Room 818
Denver, Colorado 80203
(303) 866-3581
June 'l1, 1989
Ms. Cindy Houben
Pitkin County Planning Office
190 S. Galena
Aspen, CO 81611
Re: Shaffer Low Impact Subdivision
Sec. 23,24,25,26, TBS, R87W, 6th PM
Dear Ms. Houben:
We have reviewed the above referenced proposal to create a four-lot
subdivision on a 220 acre parcel. The lots will vary in size from 38 to 79
acres. Two of the lots do currently have single-family residences located on
them and some adjustment tc these lots will be effected. in this subdivision.
The proposed water supply is to be from individual wells.
The two existing lots appear to have domestic well permits number 145971
and 064972. These well permits should be amended to reflect the revised
parcel that the wells will be located on. Well permits will be available upon
application for the two new lets. The new permits will require nonevapora-
tive waste water disposal systems and that return flows go to the same stream
system as the well is in. We have no abjection to the proposal as long as the
existing permits are amended to reflect actual properties' boundaries.
Sincerely,
~'"'`lS`
Hal D Simpson P.E.
Deputy State Engineer
HDS/JTS
cc: Orlyn Bell, Division Engineer
Steve Lautenschlager ~,~
APPENDIX 2
Nicholas Lampiris, Ph.D.
CiS~isUlrit~~"G~~io~i5't
0793 VALLEY ROAD
CARBONDALE, COLORADO 81623
(302196?-7600 (24 HOURS)
.,i:n Curtis
I'I-lr-t. i. s ?< :}ssoc: i ate=,
117 South i~~~narch
aspen CO S1ti1.1
rip t-'.1 ~~'o ., :L'?~~?
~\
RF_; Shaffer- F'rrroer-ty, I'East Sopris Cree}:: ~;o~t:.l. ~ iti.::in .~n.
near :Jim:
]: ha:~e r.:omnltaed In'•,~ raeolydi.c: i.nv~='_tic-.t'~cn ;:a'r '!:-,<-. .J::,~r.,~-.
r'+'°rrnrerj prnper-,r•, 'c.h=~ I-~:r- : unr .. = t: _i..}: ;l i'-: j,tie
Properti-y- i.s ~n ...- 4~~! i.,'<} Sec_t1~,:-s _~ .. i ,' l uY: hhe
}II 'i°! .N1 C:-;' n .: i~c"'. L,'AS:31 t. i!? :';:. r!!r ~_ :,..lady--rnti~t. , h..-'.
a ~.., ~ ..., : ,
Cc~un,.y. ..,,..,lor-ado. !'t lies rr; the t+.;esc =.z d:= !or th•e '_,a=at
..., ,.:;-7 1 f ...._L. ~•. .al 1.eV. ;I-, I?r-e? ;. r',-? i- rr-,n ~ ~ ~'FE- ,r;
-• ._P:CI .I ..J i'.::me =1 ib rnp 0S3 E>d
_~.nd at?7 ne_=.r '!.:.he -.,outt-~ end of the p -t:ur •= I; p,~
r;k-` -. :- <~.__, hc. zi car:' _ '-
- a~
;::onc•apt!_l;_~.;. Sub ~i ~ i. s:i c?n ;='i. an sus part :~f the aPPa :i -ati on.
ie nenr=r-=:.1 .~r.:r~.[ah•~ cf
ntri:hi::a ~_.t 1 c. m. n~~ ,iii ~i.G
r..f =.it~ "I':', ,. end S2ge`i;-!.r •'. ,
_.. 1. ,..uJ ~ + It ~. ~-.+~ 7. t:'F?
si t~s #k' ~.nd ~t
i ~i-..he ,:r:.rl--i.:
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t,.; 1 :: :, 7. t:.'= '~': ~ :. 3.5 r'I~l i:!"; ~r ~?'C-.rC ,?i i4;': t_ _ } ..~ .~ ...,
. ,...
't !. _il m,t!.Sia -..r ir.. *_.{. ~n::-~; ::. ~'t '.'-ie S.Ur °_- .,_.
,~c -~t~::71 r
:1n1+J!-lIl'i:. .:,L .-.:i! 1 , J l..,: t.. c. uLR': ~..f7 •.,~: n ,...j i 'r:~.
.. -. .:. .- ....... ..;:a
rCG'. J7 {. ! ,lire=, - i'.~..
!=~arn~?i..~ran, a. :~r-:i.<rib' =.g1c7 i[ :..,i-1-~i ._ ,~ ;.li-:~i. ,•--,, ~r ~-.. :..~
r-,
L.i "i. '._,an {: .'r-~.. ~, <c ~-fir -. ..{nv,~. ~ (:l.f ~.. T:. L,.,]} -
,. ~..u-.d I ,.- .; ,:i,_I^..~t , cr!=., n .s a,. i.: I _ t:. ~ .._. i!- .•Ji. 11
'
•• uric ~~:. :e ;' i._s.i 7. .hr"ough -:r,e
I:.'''1:._ ._. call+? ._ {a; _
c,tt?er -~wr.:i t^;sl.lis ::~;i ~tt-:e larnpert•.,,, 4~Jasti~=~..~9.spos>.7. sho~;7.ci be
:~.•ra.il.=.,bl,a ...!;rough tF;~ ~s~= of a standard septir_ system ~;nd
e-,..nh fi=ld i.n the goner:;l:i.• permeable sails of the area,
taut the PitE::in i.;ount~,~ Sanitation Engineer should be cnns~_tlted
for his specific recommendations.
Acr_ess to the sites can be r~ai.^,ed off the r:isting drive;Nay
and t;e at a suitable grade faith no unusually ad~~erse
t_onditions but the di=sign =;honed incj_~tde a drainage plar, to
prevent :_tnacceptable r=rosion dowr~slope 'morn tt;e road.
Aeca:.tse of the potential fcr radon ,has ar_ct;mi.tie.tion ir.
different parts of Colorado, :, r-ecom:nr=nd t.hat the ~n~r,es Le
dssi.gn.'=d accordingly. 1"hi.s _... becoming ~:~tandard pr<acti.ce in
the State.
In st_Immary, based on ~r~y site lnsp4ctlon ar~d re•,~ietr, the
b;xilding sites ;and dri•/eway ,acce<_ss do not have gedl.ogic
ha ards as set forth i.n the f'itk:in County L.ar,d Use Code that
wo;.tld pr~?clude dev.^l. opment. If there: <:~rr_• f!.;rther :yucstinn:>
phase feel. free to contract roe,
:i i racer;=1 •; ,
~~ i~ `'~
...
_.
,....
;~.
along East Sopris Creek Road..,,,.,; The County requests an
additional 10 feet of right-of-taay to better facilitate
County maintenance and future capital improvements to the
road.
Internal Road Desian: Tom recommends that the applicant
upgrade the first 500' of the Subdivision access road to
Class V Country Access standards. This upgrade would
improve the access road to a 2O foot wide graveled driving
surface. Tom also .recommends that the access road be re-
routed so that it is perpendicular to East Sopris Creek Road
at the point at which. the two-roads intersect. Finally he
recommends that'any vegetation along the County right-of-way
be cut back .where necessary to insure an adequate sight
distance of 250~feet in both directions.
Logical Extension of Utilities: Tom recommends that all
utilities be buried to the prdposed" building envelopes
within the access roads.
2) ENVIRONMENTAL HEALTH 'DEPARTMENTS In his memo of July 3, 1989,
Rick Bossngham makes the following comments:
Sewage Treatment and Collection: Standard individual sewage
disposal systems are 'likely to be successful."
Adequate Provisions For Water Needs: An adequate water
supply can be developed for each lot.
Air Oualitv: Any residential construction must comply with
applicable regulations governing wood burning devices. No
significant air quality impact is expected from this
proposal. f
3) DIVISION OF WILDLIFES No written or„verbal comments have been
received to date.
SimpsonSl of the ADEvisEon of Water hResmemo of June 21, 1989, Hal
ources, requests that any
boundary adjustments to existing lots which may occur as a part
of this subdivision be reflected in well permit amendments. Both
existing lots have well permits. In addition, he comments that "
well permits will be available upon application for the two new
lots. The new permits will require nohevaporative waste water
disposal systems and that return flows go to' the same stream
system as the well is in."
PLANNING STAFF COI~IlKRNTS
Low Impact Subdivision
The following staff~~ review will address the conformance of the
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MEMORANDUM
TO: Planning and Zoning Commission
FROM: Ellen Sassano, Planning Offi~e
RE: Shaffer Low Impact Subdivisldddfion General Submission and
1041 Review
DATE: September 5, 1989
APPLICANT: Alan &.Sally Shaffer
APPLICANT'S REPRESENTATIVE: Jim Curtis
LOCATION: 2053 East Sopris Creek Road, Sections 23, 24, 25 and
26, Township 8 South, Range 87 West
ZONING: The property is zoned RS-30 and. contains approximately
22o acres.
REQUEST: The applicant is requesting G9eneral Submission. approval
of a Low Impact Subdivision (LIS) pursuant to Section 4-6 of the
Land Use Code. to create a subdivision! of four lots.. Two lots
will contain existing units and two ne~+ lots will 'be created. A
1041 Review is also being requested, pursuant: to Section 5-400 of
the Code.
SITE HISTORY: In 1982 a 35 acre subdivision. plat was recorded
for the subject property which is known as the 5irpos Ranch. The
subdivision created six lots. There are currently two legally
created residences on Lots l and 2 of the existing Subdivision.
At the time of subdivision, Alan Shaffer owned a 50% interest in
the Ranch. In 1988 the Shaffers bough£-out the remaining 50%
interest. Pursuant to the merger provision. in the Code, the
County considers the property to be one 220 acre parcel with two
existing dwellings. 'The applicant wishes to subdivide said parcel
into four lots. If the subdivision request is approved, there
will be a total of four primary residences (two existing and £wo
new) on the 220 acre ranch.
REFERRAL COMMENTS...
1) LAND USE ENGINEER: 'In his memo^of August 29, 1989, Tom
Newland had the following comments:
Impacts on County Road System: The proposed development
represents an insignificant increase in daily traffic
volumes on East Sopris Creek Road.
There is currently a 40 foot wide easement or right-of-way
y_
along East Sopris Creek Road. „ The County requests an
additional 10 feet of right-of-way 'to better 'facilitate
County maintenance and future capital improvements to the
road.
Internal Road Design• Tom recommends that the applicant
upgrade the first 500' of the Subdivision access road to
Class. V Country Access `standards. This upgrade would
improve the access road to a 20 foot wide graveled driving
surface. Tom also recommends that the access road be re-
routed so that it is perpendicular to East Sopris Creek Road
at the point at which the two roads intersect. Finally he
recommends that'any'vegetation along the County right-of-way
be cut back. where.'neces'sary' to insure an adequate sight
distance of 250~feet in both directions.
Loaical Extension of Utilities: Tom recommends that all
utilities be buried to the proposed building envelopes
within the access roads.
2) ENVIRONMENTAL HEALTH DEPARTMENT: In his memo of July 3, 1989,
Rick Bossngham makes the following comments:
Sewaae Treatment and Collection• Standard individual sewage
disposal systems are'likely`to be successful.
Adeauate Provisions For Water Needs• An adequate water
supply can be developed for. each lot.
.Air Quality: Any residential construction must comply with
applicable. regulations governing wood burning`debices. No
significant air .quality impact is expected from this
proposal.,
3) DIVISION OF WILDL=FE: "No written or verbal comments have been
received to date.
s
4) DIVISION OF WATER RESOURCE'S': In 'his memo of June 21, 1989, Hal
Simpson, of the DivisYOn of Water Resources; requests that any
boundary adjustments to existing lots which may occur 'as a part
bf this subdivision be reflected in well permit amendments. Both
existing lots have well permits. In addition, he comments that "
well permits will be available upon application for the two new
lots. The"new permits will require nonevaporative waste water
disposal systems and that return flows go to the same stream
system as the well,!s in."
PLANNING STAFF COMI~3ENTS .. _, __ _
Low Impact Subdivision
z
The following staff" review will address the conformance of the
2 i
k
proposed Low Impact Subdivision wi,£h "the requirements and
guidelines of the Low Impact Subdivision contained in Section 4-6
of the Land Use Code. The regulation criteria and the staff
response follow:
(C) Requirements
(i) Low impact subdivision shall only be allowed in the AF-
1, RS-20 and RS-30 °zone districts on lands located
within the. boundaries of the Down Valley Planning area
as identified on Exhibit "A" of Resolution #88-64. In
the event that a parcel of land""proposed for
development is located within both the Down Valley area
and Aspen area, or Crystal River/Frying Pan areas, the
applicant shall be eligible to apply for a low impact
subdivision for that portion located in the Down Valley
Planning area. An applicant seeking a low impact
subdivision for a parcel of, land located within both
the Down Valley area and Aspen area or`Crystal/Frying
Pan areas shall be required o meet with the Planning
Commission in a pre-application conference as provided
in Section 6-2.3 of the Land Use. Code in order to
determine which portion of Iand`s located in the Down
Valley area. The Planning and Zoning Commission
decision shall include but not be limited to the
following criteria: topography, natural features and
access. Regardless of location,' a low impact
subdivision shall only be available for parcels of land
which already contain one'.' dwelling unit or which
qualify for a growth management exemption for a
dwelling unit pursuant to Section 5-510.2(c).
Staff Response::
The property is zoned RS-30, contains approximately 220
acres and is located in the Down-Valley area. The fathering
parcel (Lot 2 of the Sirpos Ranch) contains an existing
dwelling unit. As such, the property qualifies for Low
Impact Subdivision review.
(ii) Applicants are entitled to subdivide np to four (4)
lots in a low impact subdivision when these
requirements are met. For each dwelling unit which is
to be obtained pursuant to these. regulations, the
applicant shall be required to restrict ,against further
development land equivalent to two and one half (2 1/2)
times the minimum lot area"required in the underlying
zone district. The applicant shall be able to meet
this. requirements be either subdividing a lot of such
size, locating the new unit on the lot, and permanently
restricting 'the lot against further subdivision or
additional development; or by subdividing a smaller
3
~ ~
lot, which need not meet, the._minimum lot area required
in the zone district, and` by making up the acreage
required by the placing restrictions against further
development on that lot and o£her land`s which are fully
undeveloped within the fathering parcel.
Staff. Response:
This application proposes a total of four lots on the ranch.
Lot 2, containing an existing residence, will be 38 acres`in
size. Lot- i, which also contains an existing residence,
will serve as the "fathering" parcel. It is 53 acres in
size. (It is 'required to be at least 30 acres in size.)
There must be a total of 150 deed restricted acres in the
subdivision to satisfy the LIS requirement to deed restrict
two and one half times the underlying zone density against
further development. -The applicant' proposes to deed
restrict a total of 159 acres. Lot #3' contains 50 deed
restricted acres and lot #4 contains 79 deed restricted
acres. Thirty of the 53 acres in the fathering parcel will
also be restricted against further development. The
requirement is 'met.
(iii) Applicants shall also be provided the option of
developing one permanent moderate housing (PMH) lot
within the subdivision '~ '""~"' " '
provided that such lot shall
meet price restrictions_ approved by the Aspen/Pitkin
Housing Authority and occupancy guidelines of the
AspenJPitkin Housing Authority, for :qualified low and
moderate income employees. Any lots created pursuant
to these provisions shall be exempt from any
calculation of minimum lot area per dwelling unit for
the entire parcel, and shall not count as a unit of
density. Lots created in this manner may be of a size
'equal to or less than the .minimum lot size of the
underlying zone district.
Staff Response..,
The applicant does not choose to exercise the ..option of
creating a PMH lot: In order to keep visible density on
site. to a minimum, they prefer to provide employee housing
in the form of an attached employee unit or units which may
be applied for at a later date. pursuant to Section 3-8.13 of
the Code.
(iv) Subject to the limitations specified herein, applicants
who shall have obtained the right to subdivide through
the full subdivision process, Growth Management process
or Growth Management .exception process°`a°s' listed in
Section 5-51-.2(c)(d)(e)(g) and O prior to August 25,
1987 shall be permitted to apply for additional
development through these provisions on 'said lands.
Any lots for which such rights have already been
4
k j~ ._.
obtained on said lands must be deducted from the
cumulative total number of lots which may be obtained
on such lands by the low impact subdivision exemption.
Existing units on the parcel which have not previously
been subdivided from the parcel, except as provided for
in Section (vii) below, shall not count against the
cumulative total number of lots which may be approved
unless the land on which they are located is subdivided
as a separate lot. This subsection does not apply to
any lands on which a restriction against further
development has been placed, and such lands shall not
be eligible for additional development pursuant to
these regulations.
Staff Responseo-
If the two built 35 acre lots. are deducted, the applicant
has 150 acres remaining which allows 2 new LIS lots to be
created.
Under the existing LIS regulations, this proposal will
constitute full development of the property because there
will be less than 30 acres remaining if this project is
approved.
(v) No illegal dwelling units shall exist on the property,
or illegal dwelling units shall be"legalized pursuant
to Section 3-8.13(d) of the Land Use Code or otherwise.'
Any dwelling unit unable to meet the criteria of
Section 3-8.13(d) or qualify for approval under these
regulations, shall be demolished as a condition of
approval and prior to issuance of any building permf
for a residence in a low impact subdivision exemption.
Staff Response:
Tom Smith has researched the legal status of the existing
residences on site and determined` that they are both legal
units.
(vi) Where a low impact subdivision is approved and after
meeting the requirements of these regulations there
remain lands not restricted agains€ further development
which also meet all applicable zone district
requirements, such lands shall be eligible for further
development pursuant to the subdivision regulations and
Growth Management regulations (Section 5-510) of and
Land Use Code.......
Staff Response:
If this application is approved, there will not be enough
unrestricted land available for further development.
(vii) An applicant may request approval through the Low
Impact Subdivision Regulations for a parcel of land as
it was configured as of January 1, 1987. Parcels
created after such date shall not be eligible for low
impact subdivision, provided that if .the subdivision
was for fully developed land of 35 acres or .greater,
then the fathering parcel shall remain eligible for low
impact subdivision. However', on eligible lands, lots
may be created through the Low Impact Subdivision
Regulations over a series of years and need. not be
created all at one time. For parcels of land
subdivided between January""1, 1987 and September 15,
1987 to be eligible. for a low impact subdivision, the
applicant shall be required to demonstrate to the sole
satisfaction of the Board. of County Commissioners. that
the subdivision did not create. lots in addition to
those to which the fathering parcel is already entitled
pursuant--to this Section 4-6.1.
Staff Response:
This property is in the same configuration as it was on
January 1, 1987x.
(viii) All lots created through the Low Impact Subdivision
process shall be single family lots, as defined in
subsection 4-6.2(c)(i) provided that if the lot does
not meet the minimum lot area requirement of the
underlying zone district, asiprovided in subsection 4-
6.1(c)(ii), it shall not be eligible to contain an
accessory dwelling unit.
Staff Response:
If this subdivision is approved, each of the lots shall be
limited to one primary single-family residence. As all of
the lots meet the minimum lot area requirement in the RS-3Q
zone, they are all eligible to contain an attached employee
unit.
(ix) The approval of a low impact subdivision must be based
upon a finding by the Board_(upon recommendation by the
Planning and Zoninq Commission) that an application is
found to be low impact in nature. Such a determination
must include findings by the Board that all of the
following `basic requirements have been satisfied.
Staff Response:
a. Clusterina - The two new homesites are clustered on the
edge of the back pasture of the property to minimize their
impact. They are located outside of any critical wildlife
habitat, irrigated meadows or agricultural lands. The
homesites .have been located to minimize- their visibility
from East Sopris Creek Road. Homesite #3 is located on the
northern edge o:f the pasture among stands of large scrub oak
which will help screen the homesite. Homesite #4 is located
on the western 'edge of the pasture above the upper
irrigation ditch in a gently rolling sage/grassland pocket".
The new homesites are located such that °there should be
little significant disruption of land from its natural
state.
b. Utilities - Electric and telephone utility extensions
will be underground in the driveway to the sites.
Significant land disruption should not, occur as the result.
of utility provision to the. site.
c. Roads - Access to the homesites is off the driveway to
the existing homes. The new driveway will follow the uphill
edge of Dry Creek in order note to divide the existing
pasture land. The driveway will then turn westerly along
the existing fence line again in order not to divide the
existing pasture land. The driveway alignment is situated
to avoid as much disruption to the land and visual plane as
possible.
d. Visual - The lot configuration is designed such that the
new homesites 'will have roughly the same visibility from
East Sopris Creek Road as most of the existing homes
scattered along the road. In 'order to minimize their
visibility, the homesites have been located off the higher
more visual uplands of the property and are not directly
bordering East Sopris Creek Road.
e. Agriculture and Wildlife - The presently irrigated
pastures are. used as horse pastures and will continue to be
used as same. The water rights will be allocated and
conveyed with the pastures to permit continued irrigation.
Reciprocal irrigation ditch and ditch access easements will
be granted among the lots.
The property is located in Elk and Mule Deer Winter Range.
While no referral comments have been received from the
Division of Wildlife, the applicant has agreed to restrict
fencing to 42" in height and three strand. They also agree
to limit vegetative manipulation to the area within the
building envelopes. Grazing will'be prohibited in the area
to the west of the upper irrigation ditch. Dogs will be
prohibited in the two newly created lots of the"subdivision,
pursuant to Section 3-1.9 of the Code.
(D) Low Impact Subdivision Development Guidelines
(i) Locational Site Planning Guidelines
Staff Response:
The applicant has deed-restricted large contiguous tracts of
7
wildlife land. and visually sensitive ..agricultural lands
along East Sopris Creek Road..
(ii) Visual Site Planning Guidelines
Staff Response:
a. To a reasonable extent, building envelopes and the new
driveway are screened by existing topography.
b. Large landforms and manmade visual barriers have not
been relied on to justify building in scenic areas.
(iii) Guidelines to Minimize Interference with Agriculture
and Wildlife
Staff Response:
a. The applicant indicates that covenants will be adopted.
Said covenants. will address provisions for adequate water
rights, and the kenneling and leashing of dogs. As the area
is not mapped as critical winter range, said .doge
restrictions. should, be adequate. While fencing currently
existsr-between the residential and. agricultural uses, the
applicant does not discuss maintenance of said fencing.
b. As the subdivision -proposes no lots smaller than the
minimum lot size of the RS-30 zone district, PUD regulations
are not appropriate.
c. A portion of the proposed driveway will follow an
existing fenceline. The applicant has not addressed the
possibility ofl~ normal driveway maintenance (such as snow
removal) and its' possible damaging effect to agricultural
fences.
d. If, at some point, the development site adjoins stock
operations, maintenance of fences should be addressed.
Maintenance. responsibilities should be discussed in the
subdivision covenants.
e. Irrigation Ditch maintenance should be addressed in the
subdivision covenants.
f. Irrigation ditch access easements will be granted among
the lots and will be set forth at Final Plat.
(iv) Priority Preservation Lands
Staff Response:
The applicant has deed-restricted the. upland wildlife lands
and visually sensitive agricultural lands along East Sopris
Creek Road.
Low Impact Subdivision Summary: It is staff's opinion that this
application meets the requirements and guidelines of the Low
Impact Subdivision regulations. Low density and a clustered lot
8
r :;~. ~ r i
,~
configuration produce a subdivision which is sensitive ,to visual
impacts, and not detrimental to limited County resources.
1041 Environmental Hazard Review
The general topography of sites #3 and #4 is that of a gently
southeast sloping hillside with grass` in`the irrigated area of:
site #3, and sagebrush in the non-irrigated area of site #4. The
area to the west of the building envelopes rises more steeply up
to a ridge.
The site. is encumbered by the following mapped 1041 environmental..
hazards and resources:
1. Severe Wildfire Hazard (Brush)
2. Elk and Mule Deer Winter Range
Wildfire
i
wildfire hazard on `site.. is due. to grasses, sage and understory
growth in the vicinity of the proposed homesites. Given the low
density of the homesites, the applicant proposes that fire
protection be handled on an individual homeowner basis.
"Covenants will require the homeowner to install fire .and smoke
alarm detectors, multiple fire extinguishers and a water holding
cistern with standpipe or an in-house sprinkler system."
Covenants will also reference `the "Wildfire Safety`GuideTines For
Rural Homeowners," J. Bruce "Coulter, Colorado State Forest
Service, 1988.
Wildlife Habitat
The site is located in Elk and Mule Deer Winter Range. No
referral comments have been received from the Division of
Wildlife to date. However, the applicant will commit to restricf
fencing to comply 'with standards. typically requested by the
Division of Wildlife. The standard requires fencing to be 3
strand, not to exceed 42 inches in height. In addition, the
applicant agrees tot restrict vegetative manipulation (with the
exception of areas already in agriculture) to areas within the
identified building envelopes. The applicant currently owns two
dogs which should be kenneled. and leashed. On the newly
subdivided lots, dogs will be prohibited, as they are not to be
.allowed in new subdivisions,-in the `RS-30 zone, pursuant to
Section 3-1.9 (e)(6).
Geologic Hazards
There are no mapped geologic _hazards on site. However, a
geologic report, prepared by Nick Lampiris evaluates the two new
proposed homesites as they relate to the local geology. xis
report confirms that there are. no unusual geologic hazards
9
e
associated with the site. He recommends that soils engineering
be conducted for each homesite Por proper foundation design. He
also recommends that sheet flow water be directed. positively
around the homesites so that water does not saturate the area
around the foundations.
Regarding access to the sites, he notes that there are "no,
unusually adverse conditions but_(that)' the (driveway) design
should include a drainage plan to prevent unacceptable erosion
downslope from the road."
The applicant has, to the satisfaction of the. Planning
Department, agreed to mitigate existing 1041 concerns on site..
RECOMMENDATIOh~I
1041 Hazard Review
Planning Staff recommends that the Planning and Zoning Commission
grant approval of the Shaffer 1041 Hazard Review subject to the
following conditions:
1) Covenants for the Subdivision. shall require individual
homeowners to install fire and smoke alarm detectors,
multiple fire extinguishers and a water holding cistern
with standpipe or an in-house .sprinkler system. Said
Covenants. shall also require homeowners to abide by the
"Wildfire Safety Guidelines For Rural Homeowners," J.
Bruce Coulter, Colorado State Forest Service, 1988.
2) Wildlife 'habitat shall be mitigated in the following
manner:
a) All dogs in Lots 1 &; 2 shall be kenneled or
chained... Dogs shall be prohibited in Lots 3 & 4.
b) Native vegetation shall'' be maintained outside of
building envelopes, (with the exception of areas
already in agriculture).
c) All fencing shall be 42" or less in height, and 3
strand or less.
d) Grazing shall be prohibited in the area generally
west of the upper drainage ditch.
3) The applicant shall comply with recommendations made by
Nick Lampris in his letter of April 28; 1989. They
are as follows:
a) A soils engineering study shall be conducted prior
to issuance of a building permit to insure proper
foundation design.
b) Sheet flow water shall be directed positively
around the homesites so that water does not
saturate the foundations.
c) Driveway design shall incorporate a drainage plan
10
~'~ '
to prevent erosion downslope from the road. Said
design shall be approved by the County Engineer
prior to issuance of a building permit.
Low Impact Subdivision
4) The applicant shall grant an additional ten feet of
right-of-way to the County along "East Sopris 'Creek
Road. Said right-of-way, to be used for maintenance
and future improvements, shall be granted at the time
of Final Plat.
5) Prior to issuance of building permits, the applicant
shall upgrade the first 500' of access road into the
subdivision to Class V Country Access standards
applicable at the time of building permit issuance.
6) Prior to issuance of any building permits, vegetation
at the intersection of the subdivision road and East
Sopris Creek Road shall be .cut back along the County
right-of-way to insure adequate sight distance of 250'
in both directions. ...This work shall. meet the approval
of the County Engineer
7) Prior to issuance of building permits, all utilities to
building sites shall be buried within the subdivision
access roads.
8) Prior to issuance of water well permits for the new
residences, existing well permits shall be amended to
reflect actual property boundaries, if said boundaries
change as a result of subdivision..
9) Prior to issuance of a building permit, septic systems,
final water plans and test well results shall be
reviewed and approved by ,the .Environmental Health
Department.
10) Development on lots shall comply with applicable Pitkin
County Air Quality regulations governing wood burning
devices in effect at the.. time of building. permit
issuance.
11) Thirty acres on Lot 1, and all of Lots 3 (50 acres),'
and 4 (79 acres), shall be deed restricted against
further development, (with the exception of attached
employee units which may be allowed, subject to review
by the Board of County Commissioners).
12) Water rights shall be allocated and conveyed with the
pastures to permit continued irrigation on site. Water
rights allocation and conveyance shall be set forth at
11
~"'a
the time Final Plat.
13) Irrigation Ditch and Fence maintenance shall be
addressed 'in subdivision covenants.
14) Approval of Final Plat shall be contingent on
resubdivison of 35 + acre Lots T and 2 (at the State
level). Said re-subdivision shall adjust previously
platted lot lines so that pasture along East Sopris
Creek Road in Lot 2 (fathering parcel) can be deed-
restricted as part of the Low Impact Subdivision.
12
~"'~ ;
ASPEN/PITRIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090
May 25, 1989
Jim Curtis
117 South Monarch Street
Aspen, Colorado 81611
RE: Shaffer Low Impact Subdivision
Dear Jim,
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have
determined that your application is complete.
We have scheduled. your application for review by the Pitkin
County Planning and Zoning Commission at a public hearing on
Tuesday, September 5, 1989 at a meeting to begin at 9:00 a.m.
The Friday before the meeting date, we will call to inform you
that a copy of the memo pertaining to your application is
available at the Planning Office..
A notice of public hearing shall be posted on a sign or signs
placed on the subject parcel of land at least fifteen (15) days
prior to the public hearing. It shall be the responsibility of
the applicant to post such sign or signs (on forms supplied by
the Planning Office) which shall be no smaller than 30" x 40" and
which shall be placed near each public or private right-of-way
bordering the property and to remove said sign within one (1)
week after the hearing.
If you have any questions, please call Cindy Houben, the planner
assigned to your case.
Sincerely,
Debbie Skehan
Administrative Assistant
.,
MEMORANDUM
TO: County Attorney
County Engineer
Environmental Health
Division of Wildlife
Division of Water Resources
Zoning Administration
FROM: Cindy Houben, Planning Office
RE: Shaffer Low Impact Subdivision general Submission, 1041
Hazard Review and Lot Line Adjustment
Parcel ID # 2465-243-00-004
DATE: May 25, 1989
Attached for your review and comments is_an application submitted.
by Jim Curtis on behalf of his clients, Alan &_Sally Shaffer,
requesting approval of a Low Impact Subdivision.
Please review this material and return your. comments no later
than July 5, 1989. Thank you.
$ancli ly of (.~on~trQCL
STEWART TITLE
OF ASPEN, INC.
602 E. HYMAN • ASPEN, COLORADO 81611 • (303) 925-3577
May 1, 1989
Board of County Commissioners,_Pitkin County
Re: History of Ownership of Sirpos Ranch Lots 1-6, Our Order: No.
2788AB.
Commissioners,
We have searched the real estate records regarding the history
since January 1, 1972 of Lots 1 through 6,-Sirpos Ranch, according-
to the Plat thereof recorded in Plat Book 13 at Page 34, and
amended Plat thereof recorded in Plat Book 14 at Page 35. Title
to Lots 1, 5 and 6; Sirpos Ranch is currently vested in The
Schaffer Group, Inc. Retirement Trust. Title to'Lots 2; 3 and 4,
Sirpos Ranch is currently vested in Alan Schaffer and Sa11y G.
Schaffer.
The tract of land which became Sirpos Ranch Subdivision
!first Platted April 28, 1982) was created by the combination of
two tracts (hereinafter referred to "Parcel I and Parcel II")`:
Said two parcels were acquired separtely by Barbara B. Parker aka
Barbara B. Jackson (Parcel I`in May 1972; Parcel II iri August 1978)
who later sold the parcels to the parties who created the Sirpos
Ranch Subdivision.
Parcel I was owned from December 1971 to"May 1972 by Charles
F. Smith, Jr. and Margaret Lewis Smith, along with other contiguous
property (first splitting off Parcel I in 1972): Parcel 2I was
owned from the early 1950's to September 1975 by Margaret D.'
Cerise, along with other contiguous property. (first splitting off
Parcel II in September 1975). Subsequent to these two crcumstan-
ces, title to Parcels_I a.nd II (Sirpos Ranch) has not been held'in
the same name or names as any contiguous tract.
This statement is neither an abstract, opinion nor guaranty of
title and is intented specifically and exclusively for the use of
the Board of County Commissioners'of Pitkin County in determination
of "merger of title" or lack thereof as 'said "merger" relates 'to
the applicable statues, ordinances and restrictions of jurisdic-
tion. It is understood and agreed that Stewart Title of Aspen, Inc.
neither assumes, nor will. be charged with any financial obligations
or liability whatever on any statement contained herein.
Sincerely,Q
Feter P. Delany
Assistant Vice President
Enclosures
. _ w
AITA OwNEft'S POLICY 1 ~ ~ ;:
PD/LMP .-
SCHEDULE A
Order No.: 16303 Policy No.: 0 9941 38534
Date of Policy:October 27, 1988 At 4:33 PM Amount of Insurance: S 360,000.00
t. Name of Insured:
THE SHAFFER GROUP, INC. RETIREMENT TRUST
2. The estate or interest In the land which is covered by this policy is:
FEE SIMFLE
3. Title to the estate or interest in.the land is vested in:
THE SHAFFEP. GROUP, INC. RETIREMENT TRUST
4. The land referred to in this policy is described as follows:
Lots 1, 5 and 6, SIRPOS RANCH, according to the plat thereof
recorded in Plat Book 13 ~t Page 34 and amended by Plat thereof
recorded in Plat Book 14 a.t Page 35.
County of Pitkin, State of Colorado
Stewart Title of Aspen, Inc.
602 E. Hyman
Aspen, CO 81611
303-925-3577
AUTHORIZED COUNTEF.SIG TURE
STTW.ART TITI.I:
GVARA N'TY [{Ql~IPA NY"' '
SDE 0014 )Rev. 6~B>) P~30E 2
ALTA OWNER'S POLICY
7P.DEP, bIO.: 16303 '
SCHEDULE B
Policy No.: 0 9941 38534
This policy does not insure against loss or damage (and the company will not pay costs, attorneys'
fees or expenses) which arise by reason of:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which
a correct survey and inspection of the premises would disclose and which are not shown by the
public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter. furnished,
imposed by law and not shown by the public records.
5. Any and all unpaid taxes and assessments and any unredeemed
tax sales.
6. The effect of inclusions in any general or specific water
conservancy, fire protection, soil conservation or other
district or inclusion in any water service or street
improvement area.
7. Right of way for ditches or canals constructed by the authority
of the United States, as eeserved in United States Patent.
recorded in Book 162 at Page 437.
8. Right of way for ditches or canals constructed by the authority
of the United States, as reserved in United States Patent
recorded in Book 162 at Page 458.
9. Right of way for ditches or canals constetacted by the authority
of the [Jnited States, as reserved in United States Patent
recorded in Book 167 at Page 7.
10. A11 coal and other minerals as reserved in United States Patent
recorded 1n Book 162 at Page 458.
11. All coal and other minerals as reserved in United States Patent
recorded-in Bonk 167 at Page 7.
12. Restrictions as contained in deed from Charles F. Smith, Jr.
and Margaret Lewis Smith to Barbara B. Jackson recorded May 30,
1972 :in Bgok 263. at .Page 956.
13. Restrictions as contained in document recorded May 30, 1972 in
Book 263 at Page 955.
14. Easements and rights of way for the following ditches, wells
and well rights, insofar as they may affect subject property:
1. Miller Ditch; 2. Dry Creek bitch; and 3. Parker No. 1 Well.
See Continuation Paqe
5'I`I:WA12'I' '1`IZ'LAF.
731RCY 687) Paye3 OVARANTf COMPANY
~~RDER ~NG.:16303 ~~
Attached to and made a part of Stewart Title Guaranty Company Policy No. G 9941 38534
Continuation of Schedule B
15. 20 foot easement and right of way granted to Holy Cross
Electric Association, Inc. by Alan Shaffer, Donald H. Ensign
and Susan MacMichael by instrument recorded July 6, 1983 in
Book 448 at Page 132, affecting a portion of Section 24,
Township 8 South, P.ange 87 West of the 6th P.M.
16. Easements and restrictions as shown on the .recorded plats.
17. This policy does not insure title to land comprising the shores
or bottoms of r.i.vers and is subject to any build up or loss of
property along East Sopris Creek, caused by the processes of
accretion and reliction, or caused by man made changes in the
flow of water or in the course of the river bank or river
channel; also subject to the free and unobstructed flow of the
water of said river.
18. Restrictions, which do not contain a forfeiture or reverter
clause, but om.ittina restrictions, if any, based on race,
color, religion or national origin, as contained in instrument
recorded August,.l4, 1986 in Book 516 at Page 637 as Recepition
DIo. 280518.
NOTE: Amendment and Ratification of Declaration of Protective
Covenants recorded October 29, 1986 in Book 521 at Page 541 as
Reception No. 282725.
19. Terms, conditions and obligations of Water Use Agreement
recorded October 29, 1986 in Book 521 at Page 554 as Reception
No. 28?.726.
20. A Deed of Trust dated October 22, 1986, executed. by John &
Ensign Partnership, a Colorado general partnership, to the
Public Trustee of Pitkin County, to secure an indebtedness of
$30,030.00, in favor of Barbara B. Parker, recorded October 29,
1986 in Book 521 at Page 577 as Reception No. .282731.
NOTE: Loan Modification and Assumption Agreement recorded
October 27, 1988 in Book 576 at Page 577 as Reception No.
305343.
Page
o~A sTrwnii~r -~xTr.r
QOM O-88) CUARAN7Y COMPANY
• CONf)ITIONS
1. DEFINITION OF TERMS,
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any rights
or defenses the Company would have had against the named insured, those who
succeed to the interest of the named insured by operation of law as distinguished
from purchase including, but not limited to, heirs, distributees, devisees, survivors,
personal representatives, next of kin, or corporate of fiduciary successors.
b) "insured claimant": an insured claiming loss or damage,
~c) "knowledge" or "known": actual knowledge, not constructive knowledge
or notice which may be imputed to on insured by reason of the public records os
defined in this policy or any other records whuh import constructive notice of
matters alfectingthe land.
(d) "land": the land described or referred to in Schedule A, and improve-
ments affixed thereto which by law constitute real property. The term land"
does not include any property beyond the lines of the area described or referred
to in Schedule A, nor any right, title, interest, estate or easement jn abutting
streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall
modify or limit the extent to which a right of access to and from the land is
insured br this policy.
(e) 'mortgage': mortgage, deed of trust, trust deed, or other security
insirumedt:
(f) "public recordi': records established under stotestatutes at Date of Ppb
try for the purpose of imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge: With respect to Section
1(a)(iv) of the Exclusions From Coverage, "public records" shall also include
environmental protection liens filedin the records of the clerk of the United States
district court for the district in which the land is located.
(g) "unmarketability of the title':on alleged or uppdrenf matter affecting
the title to the land, not excluded or excepted from coverage, which would entitle
a purchaser~of the estate or interest described in Schedule A to be released from
the obligation to purchase by virtue of a cdntructual condition requiring the
delivery of rdarketable title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
The coverage of this polity shdllydntinue in force as of Date of Poliryiri
favor of an insured only so long as the insured retains an estate or interest in the
land, or holds an indebtedness secured by a purchase money mortgage given by
a purchaser from the insured, or only so longg as theinsured shall have liobiliry by
reason of covenants of warranty made by flie insured in any transfer or convey-
ance of the estate or interest. This policy shall not continue in force in favor of
any purchaser from the insured of either (i) an estate or ihteresrin the land, or (ii)
an indebtedness secured by a purchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (i) in case of any
litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to
an insured hereunder of any claim of title or interest which is adverse to the title
to the estate or interest, as insured, and which might cause loss or damage for
which the Company may be liable by virtue of this policy, or (iii) if title to the
estate or interest, as insured, is rejected as unmarketable.. If prompt notice shall
not be given to the Company, then as to the insured all liability of the Company
shall terminate with regard to the matter or matters for which prompt notice is
required; provided, however, that failure to notify the Company shall in no case
prejudice the rights of any insured under this paltry unless the Company shalLbe
preludiced by the failure and then only to the extent of the Prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS: DUTY OF INSURED
CLAIMANT TO COOPERATE.
(a~ Upon written request by the insured and subject to the options contained
in Section 6 of these Conditions and Stipulations, the Company, of its own cost
and without unreasonabledelay, shall provide for the defense of an insured in
litigation in which any third party asserts a claim adverse to the title or interest as
insured, but only as to those stated causes of action alleging a defect, lien or
encumbrance or other matter insured against by this policy. The Company shall
have the right to select counsel of its choice (subject to the right of the insured to
object for reasonable cause to represent the insured as to those stated causes of
action and shall not be liab~e for and will not pay the fees of anyother counsel.
The Company will not pay any fees, costs or expenses incurred by the insured in
the defense of those causes of action which allege matters not insured against by
this polity.
(b) The Company shall have the right, at its own cost, to institute and prose-
cuteany action or proceeding or to do any other act which in its opinion maybe
necessary or desirable to establish the title to the estate or interest, as insured, or
to prevent or reduce loss or damage to the insured. The Company may take any
appropriate action under the terms of this policy, whether or not it shall be liable
hereunder, and shall not thereby concede liability or waive any provision of this
policy. If the Company shall exercise its rights under this paragraph, it shall do so
diligently.
(c) Whenever the Company shall have brought an anion orinterposed a
defense os required or permitted by the provisions of this policy, the Company
may pursue any litigation to final determination by a court of competent jurisdic-
tion and expressly reserves the right, in ifs sole discretion, to appeal from. any
adverse judgment or order.
AND STIPUWTIONS
(d) In all cases where this paltry permits or requires the Company to prose-
cute or provide for the defense of any action or proceeding, the insured shall
secure to the Company the right to so prosecute or provide defense in the action
or proceeding, and all appeals therein, and permit the Company to use, at its
option, the name. of. the insured for this purpose. Whenever requested by the
Company, the insured, at the Company's ezpense, shall give the Company all
reasonable aid (i) in any action or proceeding, searing evidence, obtaining wit•
nesses, prosecuting ar defending the action or proceeding, or effecting settle-
ment, and (ii) in any other lawful act which in the opinion of the Company ma
be necessary or desirable to establish the title to the estate or interest as insuredY
If the Company is prejudicedby the failure of the insured to furnish the required
cooperation, the Company's obligations to the insured under the policy shall ter•
minute, including any liability or obligation to defend, prosecute, or continue arty
litigation, with regard to the matter or matters requiring such cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to andafter the notices requiredunder Section 3 of these Condi•
- lions and Stipulations have been provided the Company, a proof of loss or clam~
age signed and sworn to by the insured claimant shall be furnished to the Com•
pony within 90 days after the insured claimant shall ascertain the facts giving rise
to the loss or damage. The proof of loss or damage shall describe the defect in,
or lien or encumbrance on the title, or other matter insured against by this polity
which constitutes the basis of loss or damage and shall stole, to the extent possi-
ble, the basis of wlcsilatng the amount of the loss or damage. If the Company is
prejudiced by the failure of the insured claimant to provide the required proof of
ossor damage, the Company's obligations to the insured under the paltry shall
terminate, including any liability or obligation to defend, prosecute, or continue
any litigation, with regard to the matter or matters requiring such proof of loss or
damage.
In addition, the insured claimant may reasonably be required to submit to
examination under oath by any authorized representative of the Company and
shall produce for examination, inspection and copying, at such reasonable times
and places as may be designated by any authorized representative of the Com•
pony, all records, books, ledger, checks, correspondence and memoranda,
whether bearing a date before or after Date of Policy, which reasonably pertain
' to the loss or damage. Further, if requested by any authorized representative of
the Company, the insured claimant shall grant its permission, in writing, for any
authorized representative of the Company to examine, inspect and copy all
records, books, ledger, checks, correspondence and memoranda in the custody
- or control of a third party, which reasonably pertain to the loss or damage. All
information designated os confidential by the insured claimant provided to the
Company pursuant to this Secion shall not be disclosed to others unless, in the
' reasonable judgment of the Company, it is riecessory in the administration of the
claim. Failure of the insured claimant to submit forexomination under oath, pro-
duce other reasonably requested information or grant permission to secure rea•
sonably necessary information from third parties as required in this paragraph
shall terminate any liobiliry of theCompany under this Policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY:
In case of a claim under this policy, the Company shall have the following
additional oP~ions:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the amount of insurance under this'policy
. together with any costs, attorneys' fees and expenses incurred by the insured
claimant, which were authorized by the Company, up to the time of payment or
tender of payment andwhiah the Company is obligated to ay,
Upon the exercise by theCompany of this option, all liability and obligations
to the insured under this paltry, other than to make the payment required, shall
terminate, including any liobiliry or obligation to defend, prosecute, or continue
any litigation, and the policy shall be surrendered to the Company for
cancellation.
(b To Pay or Otherwise Settle With Parties Other than the Insured or
With f~e Insured Claimant
(i)to pay or otherwise settle with other parties for or in the name of an
insured claimant any claim insured against under this polity, together with any
costs, attorneys' fees and expenses incurred by the insured claimant which were
authorized by the Company up to the time of payment and which the Company
is obligated to pay; or
(ii) to pay or otherwise settle with the insured claimant the loss pr clam~
age provided for under this policy, together with any costs, attorneys' fees and
expenses incurred by the insured claimant which were authorized by the Com-
pany up to the time of ppayment and which the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in
paragraphs (b)(i) or (ii), the Company's obligations to the insured under this pol-
icy for the claimed loss or damage, other than the payments required to be
made, shall terminate, including any liability or obligation to defend, prosecute
or continue any litigation.
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy is o contract of indemnify against actual monetary loss or clam~
age sustained or incurred by the insured claimant who has suffered loss or dam-
age by reason bF matters insured against by this policy and only to the extent
herein described. '
Ib,.....,r;w.w.e wn.l rnnrh,dn.l nn Im:t nnnn of 'his nntirtv9
.,
CONDITIONS AND STLPULATIONSContinued
(continued and concluded from reverseside of Policy Face)
(a) The liability of the Company under this policy shall not exceed the least
of:
(i the Amount of Insurance stated in Schedule A; or,
(ii; the difference between the value of the insured estate or interest as
insured and the value of the insured estate or interest subject to the defect, lien
or encumbrance insured against by this polity.
(b) In the event the Amount of Insurance stated in Schedule A at the Date of
Policy is less than 80 ercent of the value of the insured estate pr interest or the
full consideration paid for the land, whichever is less, or if subsequent fo the Date
of Policy an improvement is erected on the land which increases the value of the
insured estate or interest by at least 20 Percent over the Amount of Insurance
stated in Schedule A, then this Policy is subjed to the following:
(i) where no subsequent improvement has been made, os to any par•
tial loss, the Company shall only pay the loss pro rata in the proportion that the
amount of insurance at Date of Polity bears to the total value of the insured
estate or interest at Date of Policy; or
(ii) where a subsequent improvement has been made, as to apy partial
loss, the Company shall only pay the loss pro rata in the proportion that 120
percent of the Amount of Insurance stated in Schedule A bears to the sum of the
Amount of Insurance stated in Schedule A and the amount expended for the
improvement.
The provisions of this paragraph shall not apply to costs, atorneys' fees and
expenses for which the Compan is liable under this policy, and shall only a ply
to that portion of any loss which exceeds, in the aggregate, 10 percent of the
Amount of Insurance stated in Schedule A.
(c) The Company will pay only those costs, attorneys' fees and expenses
~ncurred in accordance with Section 4 of these Conditions and Stipulations.
~. APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels which are
lot used as a single site, and a loss is established affecting one or more of the
Sarcels but not all, the loss shall be campused and settled on a pro rata basis as
f the amount of insurance under this policy was divided pro rata as to the value
n Dote of Polity of each separate parcel fo the whole, exclusive of any
Inprovements made subsequent to Date of Policy, unless a liability or value has
Itherwise been agreed upon as to each parcel by the Company and the insured
~t the time of the issuance of this policy and shown by on express statement or by
~n endorsement attached to this paltry,
LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect, lien
f encumbrance, or cures the lack o(a right of access to or from the land, or
gyres the claim of unmarketability of title, all os insured, in a reasonably diligent
fanner by anymefhod, including litigation and the completion of any appeals
lerefrom, it shall have fully performed its obligations with respect to that matter
nd shall not be liable for any loss or damage caused thereby.
-. (b) In the event of any litigation, including litigation by the Company or with
~e Company's consent, the Company shall hove no liability for loss or damage
flit there has been a final determination by a court of competent jurisdiction,
Sd disposition of all appeals therefrom, adverse to the title as insured.
(c) The Company shall not be liable for loss or damage to any insured for
Fbility voluntarily assumed by the insured in settling any claim or suit without the
or wntten consent of the Compan .
{. REDUCTION OF INSURANCE: REDUCTION OR TERMINATION
OF LIABILITY.
All payments under this paltry, except payments made for costs, attorneys'
bs and expenses, shall reduce the amount of the insurance pro Canto.
LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of inswance under this polity shall
reduced by any amount the Company may pay under any policy insuring a
~rtgage hereafter executed by the insured or assumed or agreed to by the
pred and which is a charge or lien on the estate or interest described or
erred to in Schedule A, and the amount so paid shall be deemed a payment
yer this paltry to the insured owner.
i PAYMENT OF LOSS.
j (o) No payment shall be made without producing this polity (or endorse-
~t of the payment unless the ppolicy has been lost or destroyed, in which case
of of loss or destruction shall be furnished to the satisfaction of the Company.
' (b) When liability and the extent of loss or damage has been definitely
)d in accordance with these Conditions and Stipulations, the loss or damage
U be pa a61e within 30 days thereafter.
SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a daimronder this pal-
all right of subrogation shall vest in the Company unaffected by any act of
insureddaimant.
TheCompany shall be subrogated to and be entitled to all rights and reme-
dies which the insured claimant would have had against any person or property
in respect to the claim hod this policy not been issued. If requested by the Com•
pony, the insured claimant shall transfer to the Company all rights and remedies
against any Person or property necessary in order to perfect Ibis right of subro•
gotion. The insured claimant shall permit the Company to sue, compromise or
settle in the name of the insured claimant and to use the name of the insured
claimant in any transaction or litigation involving these rights or remedies.
If o payment on account of a claim does not fully cover the loss of the
insured claimant, the Company shall be subrogated to these rights and remedies
in the proportion which the Company's payment bears to the whole amount of
the loss.
If loss should result from any act of the insured claimant, as stated above,
shot act shall not void this policy, but the Company, in that event, shall be
.required to pay only that part of any losses insured against by this policy which
shall exceed the amount, if an ,lost to the Company by reason of the impair•
ment by the insured claimant of the Company's right of subrogation.
(b) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against noninsured obligors shall exist
and shall include, without limitation, the rights of the insured to indemnities, gua•
ranties, other policies of insurance or bonds, notwithstanding pny terms or condi-
lions contained in those instruments which provide for subrogation rights by rea•
son of this paltry.
14. ARBITRATION
Unless prohibited by applicable law, either the Company or the insured may
demand arbitration pursuant to the Title Insurance Arbitration Rules of the Ameri-
can Arbitration Association. Arbitrable matters may include, but are not limited
to, any controversy or claim between the Company and the insured arising out of
or relating to this policy, any service of the Company in connection with its issu-
ance or the breach of a policy provision or other obligation. All arbitrable mat-
ters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the
option of either the Company orthe insured. All arbitrable matters when the
Amount of Insurance is in excess of $1,000,000 shall be a~bitratedonly when
agreed to by both the Company and the insured. Arbitration pursuant to this
policy and under the Rules in effect on the date the demand for arbitration is
made or, afihe option of the insured, the Rules in effect at Date of Poliryshall
be binding upon the parties. The award may include attorneys' fees only if the
laws of the state in which the Landis located permit o court to award attorneys
fees to a prevailing party. Judgment upon the award rendered by the Arbitra•
tar(s) may be entered in any court having jurisdiction thereof.
The law of the silos of the land shall apply to an arbitration under the Title
Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY: POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto by
the Company is the entire policy and contract between the insured and the Com•
pony. In interpreting any provision of this policy, this policy shall be construed as
a whole.
' (b) Any claim of loss or damage, whether or not based on negligence, and
which arises out of the status of the title to the estate or interest covered hereby or
by any action asserting such claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made except by
a writing endorsed hereon or attached hereto signed by either the President, a
Vice President, the Secretary; an Assistant Secretary, or validating officer or
authorized signatory of the Company.
16. SEVERABILITY.
In the event any provision of the polity is held invalid or unenforceable under
applicable law, the policy shall be deemed not to include that provision and all
other provisions shall remain in full force and effetl.
17. NOTICES, WHERE SEN1.
All noticesrequired fo be given the Company and any statement in writing
required to be furnished theCompany shall include the number of this policy and
shall be addressed to the Company at P.O. Box 2029, Houston, Texas 17252.
18. The premium specified in Schedule A is the entire charge for acceptance of
risk. It includes charges for title search and examination if same is customary or
required to be shown in the state in which the policy is issued.
ti'1'Jsl!'.~ J~; 1' 'I'I ",~ J.J.
tOllSUANPY OONI'A NT
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`~~ ~ POLICY OF TITLE INSURANCE ISSUED BY a ~-
t,~
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b i '~
'11 ~T~WAI[~~ Tg~Z.E ,~.~~r
GUARANTY COMPANY
t .„
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SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS ANDSTIPULATIONS, STEWART TIT,I,EGUARANTY COMPANY, a Texas
corporation, herein called the Company, insures, as'of Date of Policy. shown in Schedule A, against loss or damage, not
exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of:
i. Title to the estate or interest described in Schedule A being vested other ttran as stated therein;
2. Any defect in or lien or encumbrance on the title ,,,,,,;,;z ~~,~~,,;;, "~~
3. Unmarketability of the title;
4. Lack of a right of access to and
The Company will also pay the costs, attorne
to the extent provided in the Conditions and Stiff
IN WITNESS WHEREOF, Stewart Title Gu
duly authorized officers as of the Date of Policy
defense of the title, as insured, but only
s policy to be signed and sealed by its
The following matters are expressly excluded from the coverage. of this policy and the Company will not pay loss ordamage, costs, attorneys fees or
expenses which arise by reason of: :; ' ., -
t. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupanry, use, or enjoyment of the land (ii) the charader, dimensions or location of ony improvement now or'
hereafter erected on the land; (iii) a separation in ownership or o chonge in the dimensions or area of the land or any parcel of which the land iz or was a
part; or (iv) environmental protedion, or the effect of any violation of these lows, ordinances or governmental regulations, except to the extent fhot a
notice of the enforcement thereof or a notice of a defed, lien or encumbrance resulting from a violation or alleged violation affecting the land has been
recorded in the public records of Date of Polity.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien
or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Poliq•.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Polity, bvf not excluding from
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters: ,
(o) created, suffered, assumed or agreed to by the insured daimanh,
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to
the Company by the insured claimant. prior to the date the insured claimant became an insured under this polity;
(c) resulting in no loss or domage to the insured claimant;
(d) attaching or created subsequent to Date of Polity; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this
polity.
~ wv ,.ti u rn t 1' va9e r or ~//~~) 9(~ /Q~ AA ~ L9 N v9 _
1i r t'~'~ `n ;'r ~ ~ FAPIIn¢Y Vrl~f'~1 ar
Su. Y C. 4Y v 1 b a q. i :.~~w e ~ r~. $G, 91 NFU,-C_[__/r /_' !! _.._
007 tRev. 6/87)
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,- aALTA OWNER'S POLfOY-Amnnded l0/77/70~ p '®
i" ,e.,
lil [ / LMP
SCHEDULE A
Order No.: 19028 Policy No.: 0 9902 1h5618
Date of Policy:Novetttber 09, 1986 At 11:58 AM Amount of Insurance: S lU0 , 000.00
1. Name of Insured:
ALAN SHAFFER AND SALLY G. SHAFFER
2. The estate or interest in the land described herein and which is covered by this policy is:
FEE SIMPLE
3. The estate or interest. referred to herein is at Date of Policy vested in:
ALAN SFiAE''FER ANDaALLY C. SfIAFFER
4. The land referred to in this policy is described as follows:
' Lots 2, 3 and 4, 5IRPOS .RANCH, according to the Plat
thereof recorded in Plat Boolt 13 at Paae 34 and amended
by Plat thereof recorded in Plat Book 14 at Page 35.
County of Pitkin, State of Colorado.
Stewart Title of Aspen, Irtc.
602 E. 1-lyman
Aspen, Co 81611
303-925-3577
~i
A1J'fIIOP,SZF'D COUNTERSIGNATURE
tia~~c~v~a.x~•r ~r•a~•a.~~:
C%%RANTY COMPANY
ALTA OWNER'S POLICY-MOdifi¢d 1Q/73~
ORDLR NO.: 14028
SCHEDULE B
Policy No.:
0 9902 145618
This policy does not insure against loss or damage by reason of the following:
7. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a
correct survey and inspection of the premises would disclose and which. are not shown by the
public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed
by law and not shown by the public records.
5. Any and all unpaid taxes and assessments and any unredeemed
tax sales.
6. The effect of inclusions in any general or specific water
conservancy, fire protection, soil conservation: or other
district or inclusion in any water service or street
improvement area.
7. Right of way for ditches or canals constructed k>y the authority
of the United States, as reserved_in United States Patent
recorded in Book 162 at Page _437 _,
8. Right of way for ditches or canals`Vconstructed by the authority
of the United States, as reserved in United States Patent
recorded in Book 162 at Page 458: ,;i,~•
.,
,, . F
9. Right of way for ditches~ortcana s'constructed by the authority
of the United States, as reserved in United States Patent
recorded in Book 167 at Page 7. ti
10. All coal and other minerals as reserved'in United States Patent
recorded in ,Book 162 at Page 458. r._
:. .,
11. All coal. and other minerals as reserved in United States'Patent-
recorded in Boole 167 at'- Page 7. `
12. Restrictions as conL-ained in deed from Charles F. Smith, Jr.
and Margaret Lewis Smith to Barbara B. Jackson recorded May 30,
1972 in Boot: 263 at Page' 956.
13. Pestrictions as contained in document recorded May 30, 1972 in
Book 263 at Page 955.
14. Basements and rights of way for the following ditches, wells
and well rights, insofar as'they may affect subject property:
1. Miller Ditch; 2. Dry Creek Ditch; and 3. Parker No. 1 Well.
15. "l0 foot easement and right, of way granted to Holy Cross
Electric Association, Inc."by,Alan Shaffer, Donald H. Ensign
and Susan MacMichael by instrument"recorded July 6, 1983 in
See Continuation Page
S'I` I. WA li'I"1` I'r L L
Page3 fiIIA RANTY CUMI•A NY
1bt3 ... . •~ ~.
Confm<ulron fqm 203-A-T '
50 M 6-83 •.. '.
Otill~lt N(J.:140"28
Attached to and made a part of Stewart Title Guaranty Company Policy No. U 9902 145618
Continuation of Schedule B
Boole 448 ai: Yacfe 132, afffact:inq a portion of Section 24,
Townsh:iK, 8 Solil.h, Range 87 Wesl: of the 6th P.M.
'16. Easement and restrictions as shown on the recorded plats.
17. This policy does not i.nsur.e title Lo land comprising the shores
or bol.toms o.f ri~rers arad is subject to any build up or loss of
property aa.r,nq }v'a::t Snpris Creek, caused by the processes of
accretion and reai.ction, or caused by man made changes in the
flow c,f water or. i.n the course of the river bank or river
channn:l; also slct,•ject t.o the free and unobstructed flow of the
water of said river.
10. Restr.i.ctions, which do not contain a forfeiture or reverter
clause, but omitting r°estrictions, if any, based on race,
r.olor, re].:i.gion nr. nat.:i.ona"1 origin, as contained in instrument
recorded August a4, ]986 in Book 516 at Page 637 as Reception
No. 2805].8, Amendment and Ratification of Dec]aratian of Protective"
Covenant:: recorded October 29, 1986 in Book 521 at Page 541 as
Reception No. ?.A3'/25.
19. A Deed oi.` '!.'rust dai:ed 1?e'hruary 12, 1982, executed by Donald H.
F:,nsign and Susan Mar.Michael as to an undivided 50% interest and
Alan :''>'hal:fer. as t.o t'h.e remaining 50% interest, to the Public
'Crusi:ee ni: Yi Lk.i.n County, to secure an indebtedness of
$300,UOU.OU in favor. of RarLara B. Parker, recorded February
19, :t9tS2 :i,n :fiooh 42'L al. Yage 376 <-is Reception No. 239342.
NOTE: Agreement Nr.Lend:irlq Lhe date of payment of above Deed of
'1rusC Lc; Novenit,er° ]~, :1.989, recorded October 29, 1986 in Book
521 al: PUCre 565 as Reception No. 282728.
NO'PE: Subordination Agreement recorded October 29, 1986 in
Boole. H2] at Page ,80 as Reception No. 282732.
20. A Deed of Truut dated CJCtober 20, 1986, executed by Alan Shaffer
and 5a17y G. Shaffer., to the E'ublic Trustee of Pitkin County, to
secure and 'indebtedness of $100,000.00, in f~~vor of First National
Bank :i,n Aspen, recorded October 29, 1986 in Book 521 at Page 567
as Rec:ep{,'Lon No. 282729.
21. 'Perms, conditions and ob]igations of Water Use Agreement recorded
October 29, 1986 in }ioo]c 521 at Page 554 as Reception No. 28277.6.
Page
G VAP.A A: T'Y COMPANY -
COND'(TfONS AND STiPULATtON
7. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "insured": the insured named in ScheduleA, and,
subject to any rights or defenses the Company may have
against the. named insured, those who succeed to the
interest of such insured by operation of law as distinguished
from purchase including, but ndt limited to, heirs, dis-
tributees, devisees, survivors, personal representatives, next
of kin, or corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or
damage hereunder.
(c) "knowledge": actual knowledge, not constructive
knowledge or notice which may be imputedtoan insured
by reason of any public records.
(d) "land": the land described, specifically br by
reference in Schedule A, and improvements affixed thereto
which by law constitute real property; provided, however,
the term "land" does not include any property beyond the
lines of the area specifically described or referred to in
Schedule A, nor any right, title, interest, estate or easement
in abutting streets, roads, avenues, alleys, lanes, ways or
waterways, but nothing herein shall modify or limit the
extent to which a right of access to and from the land is
insured by this policy,
(e) "mortgage": mortgage, deed of trust, trust deed, or
other security instrument. -
(f) "public records": those records which by law
impart constructive notice of matters relating to said land.
2. CONTINUATION OF INSURANCE AFTER CON-
VEYANCE.OFTITLE
The coverage of this policy shall continue in force as of
Date of Policy in favor of an insured so long as such insured
retains an estate or interest in the land, or holds an
indebtedness secured by a purchase money mortgage given
by a purchaser from such insured, or so long as such insured
shall have liability by reason ofcovenantsof warranty made
by such insured in any transfer or conveyance pf such
estate or interest; provided, however, this policy shall not
continue in force in favor of any purchaser from such
insured of either said estate or interest or the indebtedness
secured by a purchase money mortgage given to such
insured.
3. DEFENSE AND PROSECUTION OF ACTIONS -
NOTICE OF CLAIM TO BE GIVEN BY AN INSURED
CLAIMANT
(a) The Company, at its own cost and without undue
delay, shall provide for the defense ofan insured in all
I(tigation consisting of actions or proceedings commenced
againstsuch insured, or a defense interposed against an
insured in an action to enforce a contract for a sale of its
estate or interest in said land, to the extentthat such
litigation is founded upon an alleged defect, lien,
encumbrance, or other matter insured against by this
policy.
(b) The insured shall notify the Company promptly in
writing (i) in case any action or proceeding is begun or
defense is interposed as set forth in (a) above, (ii) in case
knowledge shall come to an insured hereunder of any claim
of title or interest which is adverse to the title to the estate
(continued and concluded on last page of this policy)
or interest as insured, and which might cause loss or damage
for which the Company may be liable by virtue of this
policy or, (iii) if title to the estate or interest, as insured, is
rejected as unmarketable: If such prompt notice shall not
be given to the Company, then as to such insured all
liability of the Company shall cease and terminate in regard
to the matter or matters for which such prompt notice is
required; provided, however, that failure to notify shall in
no case prejudice the rights of any such insured under this
policy unless the Company shall be prejudiced by such
failure and then only to the extent of such prejudice.
(c) The Company shall have the right at its own cost tc
institute and without undue delay prosecute any action of
proceeding or to do any other act which in its opinion may
be necessary or desirable to establish the title to the estate
or interest as insured, and the Company may take any
appropriate action under the terms of this policy, whether __
br not it shall be liable }hereunder, and shall not thereby ~~
concede liability or waive any provision of this policy.
(d) Whenever the Company shall have brought any
action or interposed a defense as required or permitted by
the provisions of this policy, the Company may pursue any
such litigation to final determination by a court of
competent jurisdiction and expressly reserves the right, in
its sole discretion, to appeal from any adverse judgment or
order.
(e) In all cases where this policy permits or requires
the Company to prosecute or prbvide for the defense of
any action or proceeding, the insured hereunder shall secure
to the Company the right to so prosecute or provide
defense in such action or proceeding, and all appeals
therein, and permit the Company to use, at its option, the
name of such insured for such purpose. Whenever requested
by the Company, such insured. shall give the Company aII
reasonable ajdin any such action or proceeding, in effecting
settlement, securing evidence, obtaining witnesses, or pros-
ecuting or defendingsuch action or proceeding, and the
Company shall reimburse such insured for anyexpense so
incurred.
4. NOTICE OF LOSS - LIMITATION OF ACTION
In addition to the notices required under paragraph
3(b) of these Conditions and Stipulations, a statement in
writing of any loss or damage for which it is claimed the
Company is Iiable~unde~ this policy shall be furnished to
the Company within 90 days after such loss or damage shall
have been determined and no right of action shall accrue to
an insured claimant until 30 days after such statement shall
have been furnished. Failure to furnish such statement of
loss or damage shall terminate any liability of the Company
under this policy as to such loss or damage.
5. OPTIONS TO PAY OR .OTHERWISE SETTLE
CLAIMS
The Company shall have the option to pay or otherwise
settle for or in the name of an insured claimant any claim
insured against or to terminate all liability and obligations
of the Company hereunder by paying or tendering payment
of the amount of insurance under this policy together with
any costs, attorneys' fees and expenses incurred up to the
time of such payment or tender of payment, by the insured
claimant and authorized by the Company.
4 _
. .
C(~ JITIONS AND STIPULATIONSContinued '
(continued and concluded from reverse side of Policy Face)
6. DETERMINATION AND PAYMENT OF LOSS
(al The liability of the Company under this policy
shall in no case exceed the least of:
(i) the actual loss of the insured claimant; or
(ii) the amount of insurance stated in Schedule A.
Ib) The Company will pay, in addition to any loss
insured against by this policy,afl costs imposed uponan
insured in litigation carried on by the Company for such
insured, and all costs, attorneys' fees and expenses in
litigation carried on by such insured with the written
authorization of the Company.
(c) When liability has been definitely fixed in accord-
ance with the conditions of this policy, the loss or damage
shall be payable within 30 days thereafter.
7. LIMITATION OF LIABILITY
No claim shall arise or be maintainable under this
policy (a) if the Company, after having received notice of
an alleged defect, lien or encumbrance insured against
hereunder, by litigation or otherwise, removes such defect,
lien or encumbrance or establishes thetitle, as insured,
within a reasonable time after receipt of such notice; (b) in.
the event of litigation until there has been a final
determination by a court of competent jurisdiction, and
disposition of all appeals therefrom, adverseto the title, as
insured, as provided in paragraph 3 hereof; or (c) for
liability voluntarily assumed by an insured in settling any
claim or suit without prior written consent of the Com-
pany.
8. REDUCTION OF LIABILITY
All payments under this policy, except payments made
for costs, attorneys' fees and expenses, shall Yedude the
amount of the insurance pro tanto. No payment shall be
made without producing this policy for endorsement of
such payment unless the policy be lost or destroyed, in
which case proof of such loss or destruction shall be
furnished to the satisfaction of the Company.
9. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance
under this policy shall be reduced by any amount the
Company may pay under any policy insuring either (a) a
mortgage shown or referred to in Schedule B hereof which
is a lien on the estate or interest covered by this policy, or
(b) a mortgage hereafter executed by an insuredwhich is a
charge or lien on the estate or interest described or referred
to in Schedule A, and the amount so paid shall be deemed a
payment under this policy. The Company shall have the
option to apply to the payment of any such mortgages any
amount that otherwise would be payable hereunder to the
insured owner of the estate or interest covered by this
policy and the amount so paid shall be deemed a payment
under this policy to said insured owner.
10. APPORTIONMENT
If the land described in Schedule A consists of two or
more parcels which are not used as a single site, and a loss is
established affecting one or more of said parcels but not all,
the loss shall be computed and settled on a pro rata basis as
Valid Only If Schedules A and B are Attached
if the amount of insurance under this policy was divided
pro rata as to the value on Date of Policy of each separate
parcel to the whole, exclusive of any improvements made
subsequent to Date of Policy, unless a liability or value has
otherwise been agreed upon as to each such parcel by the
Company and the insured at the time of the issuance of this
policy and shown by an express statement herein or by an
endorsement attached hereto.
11. SUBROGATION UPON PAYMENT OR SETTLE-
MENT
Whenever the Company shall have settled a claim under
this policy, all right of subrogation shall vest in the
Company unaffected by any act of the insured claimant
The Company shall be subrogated to and be entitled toall
rights and remedies which such insured claimant would
have had against any person or property in respect to such
claim had this policy not been issued, and if requested by
the Company, such insured claimant shall transfer to the
Company all rights and remedies against any person or
property necessary in order to perfect such right of
subrogation and shall .permit the Company to use the name
of such insured claimant in any transaction or litigation
involving such rights orremedies. If the payment does not
cover the loss of such insured claimant, the Company shall
be subrogated to such rights and remedies in the proportion
which said payment bears to the amount of said loss. If loss
should result from any act of such insured claimant, such
act shall not void this policy, but the Company, in that
event, shall be required to pay only that part of any losses
insured against hereunder which shall exceed the amount, if
any, lost to the Company by reason of the impairment of
the right of subrogation.
12. LIABILITY LIMITED TO THIS POLICY
This instrument together with all endorsements and
other instruments, if any, attached hereto by the Company
is the entire policy and contract between the insured and
the Company.
Any claim of loss or damage, whether or not based on
negligence, and which arises out of the status of the title to
the estate or interest covered hereby or any action asserting
such claim, shall be restricted to the provisions and
conditions and stipulations of this policy.
No amendment of or endorsement to this policy can be
made except by writing endorsed hereon orattached hereto
signed by either the President, a Vice President, the
Secretary, an Assistant Secretary, or validating officer or
authorized signatory of the Company.
13. NOTICES, WHERE SENT
All notices required to be given the Company and any
statement in writing required to be furnished the Company
.shall be addressed to it at its main office, P. 0. Box 2029,
Houston, Texas 77252.
14. The premium specified in Schedule A is the entire.
charge for acceptance of risk. It includes charges for
title search and examination if same is customary or
required to be shown in the state in which the policy is
issued:
~'I' I ; `OVA R'1"I` I'I` LF.
(-UAIIA NTY l`p MPA NY
ALTA Owpors Policy - Forrtr B - Amand'ed T0~T P7t7
- .. •~ "r. A 9 r, S s ~arR2 yv~2 ^ 9 aew C4 4d-^ S+! L9 ¢... .~: ~ %~ • i •-ti• a V~ • s e. Y~ ~¢ ~S~19 .~. ~.
a ~ .1~rYe~".. 4.-Y`.,~y~~~F.,T~ry~,lf~S'kd, ° ~ ~~~419~(}1~~!.~
4i).~ POLICY OF TITLE INSURANCE ISSUED BY I`10aQ' `<
S'..~ E WA I~ T ~` I'7~L E
GUARANTY COMPANY
~~
P , vfi
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND
THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS),HEREOF, STEWART TITLE GUARANTY
COMPANY, a corporation of Galveston, Texas,'hereincalled the Company, insures, as of Date of Policy shown in
Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys'
fees and expenses which the Company may become obligated to payhereunder,,sustained or incurred by the insured by
reason of: ,~ ' "-;a:~" i r"~`t.,'i~{'y~ ' `~; ~~ '
1. Title to the estate or interest described In Schedule A being'vested otFierwi"se than as stated therein;
'X -... i t~. Y ~h S 1"' t~ ~ x
2. Any defect in or lien or encumbrance on such title" , ;' ~r ,,~,~ , t
x -~
3. Lack of a right of access to and from the land~or~` ~ a ?~.e~lr't~J a
4. Unmarketability ofsuch title ~ Yty ~ ~'~";~`''~~# >' ~ ~.~ ^~ '
q. ~~ ~ ns:S rv\Mi~ ^}~.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy td be signed and sealed by its
duly authorized officers as of Date of Policy shown, in Schedule A ~.~, fr~.~„,"o-'.
S
~ ~~_
Chairman of the Board
Countersigned:
Author d Countersignature
.i l:/
~~
~- President
t ';i
EXCLUSIONS`FROM'COV ERAGE
::. 5 :...:. tfL .,:Y r
.San,'rip~ ~q ('ontrtrrnv
The following matters are expressly excluded from the coverage of this policy: ,
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or
prohibiting the occupancy, use pr enjoyment dithe land, dr regulating the character, dimensionsnr location of any improvement now or
hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect
of any violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police .power unless notice of the exercise of such rights appears in the public
records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (al created, suffered, assumed or.agreed to by the insured claimant; Ibl not
known to the Company and not shown by the public records but known to the insuretl claimant either at Date of Policy or at the date
such claimant acquired an estateor interest insured by this policy and not disclosed in writing by the insured claimant to the Company
prior to the date such insured claimant became an insured hereunder; Ic) resulting in no loss or damage to the insured claimant; Idl
attaching or created subsequent to Date of Policy; or le) resulting in loss or damage which would not have been sustained if the insured
claimant had paid value for the estate or interest insured by this policy.
0.9902-
w, B
aaM tD-rid
/l M
.._.,~-
lanrMl. r? iu. ,•--.,/sML-~ .,1 . -_:..3~!Y~ .. r9'7z. ~ . ,.. ,. ;_ .. .. ._
~.~,..__uiw9,-.__ X263 ~g68. W
'Nfs.Deegr,a.uo :3n ay.[ xar. .u7t.~.....
we.<.~.:
.e^ ;.rte
:_:
of lAn fareV Of Lgle WRU4 af-CedorW, i _LSoO
etihe lintwrt aM '~+.
H 1M Gn4 of m-.,.rvv»..+...:
avd 8t+6 s(Cdw.dn, of lho"$iTied wrti' •, r_ .< - u,
WITNESSBTQ, TIuI"pie'utd wrlles~aflLo font wr4,fw ud l~aauSdentiw a[ttio`wn of `~. ,~ ~ u".~~
Tan Dollar and other Valwble conaf de<acionc. ~. 7~I(tK
_ "'__. __ ......w .~w .o .mw nano as
•euq brgnin, all. roerey nM senfirny aew Ne a and y M W nnonE wK her
Min wd uoiaro foram. nli Nn lolloMba dnwlbed 7m s m gieet e a tanJ; Ytub, ilia aedAa4~ 0 jy' ' ' •","
c.ny of '1+Y2'kin:..va snam caa..m. wn:
~~a
The abovetlascribed parcel of }b
y"fiaa of `sbltl"S`e`crlon2S fnake""N"6iN` . _;.`.
I lne of said Sacrton 23 -FO fia~ °°"" `°'"'"
of Oogi~nning."
m'IbC:Cbecrdsy Molr•`01" 4ee. 5 „
and by
Cb)
elloaad
(c)
tract nhall be divided ii
2. 'That no'noziolis
pzope[Cy. noYShallaiiytt
nuisan~e:..........._...._ . _.
3. Yhat'iald premie
fo[ rubbish tic trash,: nor
placed thltedni bM "said
4. 'That no strudYUi
garage or mobile home she
5. gnE6acemanC she]
or p¢ssons violating er"a
viol~tion'or co teroWetd
TOC.PTMER witpaR 8nd hie
avmrWnmr. aM tM revnislun end
the eawre, dahR,Ud I <me, eli~.
m apofty, n}, In a4L b tFe nba.e d
TO Iltivg ANe TO lltlr;e'1jA"
niJ ~wrt y N W oeeondDerl
for chew antes,ihe3 Amin, •sa
rlth Iho wid Nrt Y of tTe'•eiti
of thnn:pre•enw; they-arewll
Indefnwlbrr [nww of Inr,edbnea; fa
w rrant, barY•In, wrl •rd'wsny tt
rwm .n rormn[•ra rth•r'a+s*u,b
n.wn•aerer. aubleot eo i
Cimnaand Q%G¢pr SOn9: dM
W tfiaabora bhmliwd~sini
'fier' FNn9aa
N •nr Nrt tllereu[: iMwh
Y~u~lea~a`~d"~"'~"'v
fng" -
of 30 y~us 4
30
i[acterCZailer~ bahemenc, tenC. etwckr
or% etcher temporatily er parnwnahtly.
at laW"?r in equi[y'agatn'dC iny''priaoa '
any ebvenarc eictier. to xestiain::
am NW 8 IN W m,d'[•ar f1eN abor• wdtwa. .
~~~~: ~~
ChaFTcs p"'"SmiF6}, e -(agAt.)
-_..___,~~ elY[gaYet L~10 Smi[h
SfAT80P WIARADe, ~~~,...... •^•••-•.^••_. .. .'
f%oenb n! l}
Tv ronNisr Ivlnnwnr wa• •eYnow1edaod heforo~wa YAVi 30 ~4 dy of MaY ~? CJ
10 7Z b[ CMNES P. SMITH. )R.°ahd 1MAltCARBT l:t'C'I'S "51~{Tti. .••• u'p
Ly mwnilefoaslplrn 39 Witty ae' 6ud t57 Y•7YeW.~ A
Mrr«~m'.w.n.,wrrA.. w,rwq _ ~,Y Iw
.~..
y ~ r+ry.~~ w ^~ I;a
from the dale Hereotr to=wlt; ~ ~ ~~J('i ~q it
sn ....../a` I
x
I
@_
~; ~ Tate so, xd uu. " 5 fiC. des at J~ brue..~ ig'+8 $ ,
..^„
A.~e~ ~
} .~' eetwtifnST. JUUB'S CdlwPl", ~"`'it"ai~`pa'ttneYS~p ~mc$~ M,~;"
} and TELYO B CYSE ( s
`~ Cemt~"ot Pitkin uid 4taG o[ Colorado er tXt , ad' .. ~ ~ .~".
~' ~ I BARBARA'B:~ PAR1fEi~ >"~ ~ ~° „r
«~ ~ t }.AoMitNadt6wira P.O. Box X34, 7lasa~~; ~"o~"b:"""Sl'6~ AUG23FAl~ ~ ~.
i .~ ~ .~ ,. Famar~ .aaet.t...r .. . / d
i o i~ ~ Coleride..ettlie'weena'yaet ' l
~ ~ ~. 1'dit Ha aaY~jul "~esr tta lint part, for and in tronaWerat{oa of rye pmn o~ Ten' ~ ~~
r ~DOllasra and other good and valuable consideration ~~ aouu¢,a.
I Le the weld Dart lea er tht one pYt is ~"pal~ bi°'M""'Y~ sa:ty of ebe aeeaM ptu%, LTa reeetpY"""' ~i"'
i lareEf twpretatwl nna aeiewwYedpd: tWe` Yranr+~ ~iar'"ta` fnea. eeld and conveted, aad~"7~'t`~eM` ' nb tie ~
4 '°' `: ~ I ~ kr~ ~. well. eaMa7 aM eeelirm, note tlw, rYB pariy `:~'"o"S'' ei6i oeee5~ v~u~. 'fteL6o~a ae'~ u~tna ta~""~" i
eretnr tleM:Lbad le! er w
ce®ts -o[ Pitkin L< )>~ 3 er tdLnw i
I ~' ,~„ ..~...~'andbe`in` fe 4Ls _ ....~,»K..,~~.«.....~.w
and Bhte tit"Cd'tind`e `fe""wl'f~i°'" ,
.~ a~ x - - rw.ro~:,uw.. ,x „a-~s ,.. .: ~: `Y E'n,~++;ag '~ z ;. q,'+w~.°e>w r~, m ~ i~ ~ ,., ~:
An tiitdivided` tiwc=~`h~i$s""~`6tereat~n and to the following described _.
real property:
a~. ~~~~
The 5El/43~1y4 of '$ec~ton 2~"and''
the Elj2t~£'~/4 of Section ~6, ~ i
Township ~S':Soutfi, 'Rangy` 87~ West
~. , . of fhe 6th..P 19'.; "'i2~GETHE'13 iritfi"
~• all water and water rights, ditch" " ~~°~` ~
~'""r rights and `rpservo+.r rights, if I ~ ,,,~
any
~~.: ~
~aJau.hoa~a.asscrsas.artd,o,u,a6es ~
~ ~ ~
TOGE"!'HER with ad sea ~n `"" `* ;xYan m xs y,+ .+.~~ n x c ~
Nir ~`ie ~~liered{'tammh and aypnrtenyniN tlterete Eel
(( I( 1
' ~ ~apPerfadaEap and W "~~ and revert.' tdera, rents isanes arty `'
~"' r. , art' remamde std rrmai ~ Drorila t~$enwf~: i
~ nteeaae, claim ana demam..'ReLsaver 31tthe ta'ia yari i ea oY`aal~ie' n er ti"i Ya« I b
" ~ fib. d to aM to `e"6e above prreeiry, wi46 the beredltameMs and.Dpn''Laiacahw
a *<. ( 2'0 BASE AIV'p TO~>t01.f1 tFe ~ ~ j
ptMtieq above 6araaineE and dearde'ed with she `appurteurrteft', onto tLe p¢ 9
ttld party at tln part' .het heir ud asuana lamer 4nd tba MnL part 'ieb or fim 'firer part, } }!
+ ~ rr them Wved,, tr'-. atanion wed adtdNKraton do eevri..n *~ if
t, eTanL, bargain, and spree Lo and
vritb da aeW past `}reP tiw tecw.d"}rY filer Rein and astigna Lhat aL the time e1 He emeait~ wad tie}`~vtrtr " d
Y K theM psaivea, they are~eji .fired er ~e premLn sees: tamesoa ,. of goad, mre, Verfeet. aesolnce and ky
kw~' indy~aty..~y.{mL~~~trea`ee M ial-ey"~,"`'i.~ iaW'``to~r dmpt~ aed'~is fi~"" ~~~~._.~,yy.%~~~p +xmP~ j
1 /Y t0 a`~• wig Mil aYC \ 6Yaw r1A'n[ rY11 a..m I
" ~s kd" iGniif¢ ba maniir'ard farm u aranMid acid t7iaC eKe eame~aic creel aM etea'r i
tram atl !sear and other gamta 6avRaita, M4:, Goa, tueeii>;tsrmema anA eneutnbntaea or rbaLeveT kind er ~:. a
"~ eatanMeseF except the Iieh foz I9~B genera) saxes and right of way
~, w-~for ditches or carialr as rsser6ed in Gaited S~atea patent ie°co~ded
,yin"'goo'~C"T~~ at"Page 7, Pit'r"cin`~Connfp, °C`olorail7s, YLL~i~ds ~~ ~~
~ ~ # ~
i ~~._ .
E ~~~~ ~..> n._., F
~ ~ ~~ ~ and e4 where hart+inea vremiau ~ ern app` anaP et,~e sateetCea at Lbe era p.rt y~P of tht Ieeona a.,~e, '!.. ,
r her la&r ~ rlam+ta~it~`.~"".ntf'eve-f Vey et peraana liwfoilt.dai~minR r a di&1i Lie wlieie ~~ ~ ~ '.q
r,ws pr4thtrcaat, the aai'd t~ ~@8 ar ehe ISert pre what! and ..~i L `~'x~7~1'1~"A~'- "j~
~~ ~~, i 6i Mt'!"O~t t`f» Mta 1~3.eS ~'i[ e!t ti'rat - ~ ~
~3"~.j ~ ha Ljls ., laeeunte wet thel>~!j - a.
.,, { anataaik tlotiapred~ia,~6st-bow.rklew,""°"` >, ~...
uq. i S~y,MWS ,.
1 /q { U~'~"° tt`,AS AMMr9 ~~ r~ F" wF R+;ob~sr&1v"^d, ~ 9
CA }i G r '~f ~'
:~ yY Y xs.M Y .. .
rt ~~°~ S iyUS,7 ',.,,, a„ t«rt.v.y'^ a ~.. b
~^ ~ ~ keno it CeUr~ V~ tsencs I~
~,~~~s n,„a~. r,¢ .~ ,~` ";,.a ~ general partn~z
~ i~+~r ,t'.7, t1 v k.(Rn ~'~r ~'*"'~ 'u. ~~ ~J . LSh'AL) ~`
N 1 ZR.T' R'~„~.Ta'u.waW°'++°~~~vT~i'S'u+hYw f .V~ ~ ,(J
m ~~. ~ .~ i
~'~. ~~pilti!~Ifh>~'~ ~~r"` ~ "'~ T~e~io H feriae".~"'"'" tsar. '
,~ Y !'~„'~~te~drel wM rlmettlpd 6deie me eMV~""-~"6~ ~'F~ ~ ~ ;•
rp w{p, -t ~- r ~»»~_.w"v.d<r er ~.l~ucr y.~ adw _. ,.
3~. ~r at`"tad piKtruft', ~2:••:Ywle s Gspbn}r'Snd 't"elio b. Ceria~ " ~ ,
.$ F } , ~~ U y /~l QY rC rS~ ip~ ~ Wit~'mj Rana and otf'irn1"naT"`°"~C~.=.. ,o- ~ , r °;~,i
~ 1.
h a yp ^n es ~ M M1+h" K '~ T d d? W+5$ HS' xf w, r ~ nM,n~~raM.
I ,~,`~~ "~ .~ `~ f "~ r"" 3x""'~~ ~`"3R„~ Y~ "`rt"., r~''e.~ ,z ., ,~"`v.%""ti,~"~~ 3'g $ 3~ ~k
f_-.. cif .#,':r~`*'a:-v+rs i' ~ h t; 1I 5
x.. ~~.
~' tsr gAr,~i"~'a.~ `Y rr"'~~<e'rr'~,d'$'~ '~'~ 'h~ ~ ^~~5+„k ~`, ~?`'~'~ ~"Efi'~`Y°Sii~":alt`5~' r~~.. "Y„yb` ~F+`Ty.'
a.~'.c.:~..~~. Y~~f~. p y `k 23
.~ ~ ~ ~~~ ~~., • ~~,~~ ~.~,~ .,,T~ ~,~,~ fib
Ne..,.F Loretta Barmew career ~ ~tj s..
i _ ~. ~ lts~, ra. ~. .~~+"'` do a ~' e.w~ tsr ~e ~ ~ ~. ~~"~'~~~ ~
M ~ v
s ~B&` ~~ mr '~F .r`cS.TM ~" x x~.-~tw "L "s~^~^A'9IXx. b3Aa'
haewldh Lola M RWeso ~
~R r
167~~ S N '~ai~"~oa~" ,a ~ .~,~-~t~
,~ " beaver~r ~r~j`$tY ~`i`Od3 "" ~-~,~
d
w ,~ ~{ ~ ~yy y ~,..~, ~, .{. ~ .<...
w., J
~~
t,~,h 4.Ceise}1 ~.~ ..+.~Mre,.~•a~«.a. dfT~. nre ,ire ma `~ AUG~3 PAIUM
BARBARA B PARKER !
4 w-+w+MN~nr"r~ P ~ }}o'z y34, ~asait, Colo "821" ~~.~:.-~.~_ ~ ~
t'elmado; bltLircend y~iti ,."". _ .' _ - _ _ ..
j
..~ yam. ~"`OIiM trr~"• .•:tOt Yld lO wnnYRar~Op~M~}~l1YIp ~~ "•?~E ,a:.n.,~..a:. 3 ...
'" ~~aa~00JF.t~r~l~ iMMfM16 t .,~.
y p•~. "f'en
Dollars and other good and valuable' consideration ' aw~Y.tins.
~ to tM nld Diu't Y of ehe tba6 Pa'! b 6iiie paW h7 uTd"'yartl N the second ytiR the YeCeryt w"heeeot u " + - ,~
t here67'eonteoed end aeknerrtadjed;'~e g aMmte~"ime`~f soi~and rmeY ~n "~"theer pr aria BaeJ .,.
(s~naense~M veu. ea**ss ens ednlfret, ceYo w ,e~'yetsy of f6. see~m~' wad helbeTra nna ..dine rec. ,.. ~ ,
awry aq the fotlowla~ deserlhed let 8 oer~a $ `eTYa"nd'sY`tuaf'e',"ljm6 ~ beTn~~n H e °"
Gbahtt-ef Pitkn and state' o! Coterads, to wfe. . ' .. . `. ,." .
rAn andivide¢ one-third inte~e'st in 'and to the following ~esezibed~~~" ~
real property: ~ ;~
i
'Phe 5L+1j4SE1/4"off Sectfop ~ arid`
. 4 _-
the El/2NEl/9 of Section 26`, ~
Township ~8 South; Raifge 8'f West ` ~I i ,
„- ~ of the 6th P M ; '1`~$'1`BEY2 ~th ~ ~ t .,
" ~ ~ all water and wa*_er rights;" ditch ` "` ~ ,,;
~„, ,arriighta wad reservoir rights, if ~ I ~ r
~"b":. ~ 'd~Oiniowrtaaad
„~. I 1VGE7HEit wR~6 atl ane ai~elar ~ha"lr;edit.ments a11p avy~~ thcrtao~ beYonpn~~ er In se7wlle
r'*~ k,~''~.- { n~e4ieleY, wed tM iewales ~ tWVooR; raniinder a~ xrnaln`~era; yen seeM`
~ ~~ peofl'ta ~fbereo`~'"~aei'~ilf"'
~d't. Hdr Tntiebt, efilm 11x3 dsmind~w6ataen~er"`bt`~ht"riid'pa` ~u~$r ffm`°; e~ fn"Lw `
` - ~ er «pd4. dr b and a the abori 6arpiercd P+emGes w24h the her~timenta n,rdrooaetenaneee „ _~
~„`.; ~ 7'0 HAYS A?!D 1'0 HOLD e6rr cafe D~ emlaea i'eore dnraified "u'~ $e'"~"m1e "`w`i'~fi` C~ie`auw~, to fo'~`t~u`~' ~
rW ~ y et t]M aeoed yrr"e, her Ue4a and atdites forever Ara rxe .:,e wart `y oY t'~i°e font .:~~i
jter herp- f , Iter~l*w ~wto-K ~ idmhr6~iiter. de es coven~uit, xram, d
' `-~ ,..w« ~ argai and agree to Nis
I with tho nSd Dart Y oY`t"Ka sec ni~`xiW*R er »~an -rssiRnr, e~"iae at t~ia`~nri of t6e"""maeal'i~ a`nd" deTi:eijJ~
f o! thaw pteeentw She is wdl aired e7"e#"e "' i`~we cenee7ed~: a1~ri{"'R«i~'.oiY"Vr:Xeet.a5ao~ufe Nid' I
....„ ledetwl6fe eatata adinhafr+new !n ~i~w''`Yse~"'"~mp'le in~"~"1`~ 8 ~ ` W IC~~ *~"~`~"f"{n~"""pow`" er '"iiwYu7~'authk" of ey'~~ F ..
~ trWt, r MIl and eeirve~'ihs'riesR`Li InfnrleY'Y~ ~tm a afoxesu'd tud that the reme are ~rae snd ekai
.. . ,,,
lrom aC fenmt and other aeneq,'haeplnr, ealew llms, taxer. ~ssesemr nts and eaeYm6raneer of ro-"hste~ sr Kloe er`"
natarereeeesr except the lien for 1978 general taxes and right of way ~~ ~ -
x '°~u~w ~ for"dit~heat~ or canals as reserved in VniEed'Statcs ~~atent recozdesl i~
~ in Book 167 dt age t, ~itkin o nE~;"`"'L~ol"ora~o, re"cor~s.~° ~"' "'° `~
aar~
' ~ atM tho'a6tli'o LeKalned~T'mieai ~n tM anPeC ml'pe`~~°"etibt`$"a'""w°y+~` ~~'r~ o 't `wieepd"~~ ~ ..,
~- "% heY . h.tts wed 'etr"SutilW:,i~ aeae~" ~ p `~`m~w e~~7 eL.}retpt er to claim tM whole ~
Jd T~- ~wea7'O~tWtao[,tLa'"aif~`p`a'Y at't5!lnCpae~'aAa"~wadw"'t1I"dT.~1/CId''1'""XY~IS~~~}t'}'t!`~i. (, ~
w
~~u.' iN'f-ltNS98WBESEbT:'eb+i""„xw'~"'`v'~'~`"dtre"3~af`p`~"~. S . "" e~`e.~ hernura ":~.
~~ttb are arl IM dg wed pwrtrntabewen. "' "" ..-° Q
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'3Ny~..t ~, x~~~~'w~, +e~ y ~
%~
2'", ~ "'~.~"'~`"""~"`.1~ /fola M ltubso _[ >krrLl ~ ~
M+n ~+ 3 1 ~lW h ^V~W°1a ~j+bt (~(jr°iN} A ~ ~""t~`r1
x~,~e~ ~~, ar.~iis ~i t~ '-~^
i~
.. ~ ~
~ env. Tar-~ bIW Vomit wet ~~;~Kaw>Me rme ~ ~. LwRC~'W . ,. ~t ~
,~,"~", is 'f8~,.,~.~ .L..aAAra.~~lr ~isw~o e! ~' t ~ ,i
~~~ ~~?~~~6 rr ~~~~ ~` j .71 `Pytttw9~i,~irndiiiA"aPl~`"ii.~f~ ~~~ ~
`*~''~^d j1{ a~~ S. t~"~~p4 '~ .r ~~ ~~.~(~.rl~.Q..,,~r~A. ~Cl ~.ols~/ ~~ ,.
~*~' ~'rr~f~~;x~"'~}fit r ~"se,~u "~*x~ ~o Y M~.r.s.,Y'..,.M~N. ,~~
Y.r+"' rxEr ~ ~. x0t...*yv ~ ~ t zw. '~^" <~' ai sr m~~ $d, aar^~, evz a' 4 ,zFwe,,tic
t J
;wN~ sY7 ,a f~t' ~:' n '~..iw&md' .w;, x. i '&"3'dz;7-.- x..«a p~~,,.~mu9^a. i ~.
< "
*~.,~~ Tfw,N~..,1y1~Itrrlie!Cr~n+7erW1e(~'w.7G.""'3i.:~fY:diYr~:ffY11i.(ti'VYY.7.'`r~i.A`,"aa~x",~""r,~.~a±~;>aru`~~ks ~e
~ . Ret»rdec'~ 1~Oy:!ryb~6(1:,~h. ., ~,..Y..;:~'.
R«rept{on ~'o 239U~~ Loretta Bm
r '.w-...,.w.,n.~ ,.y;.rNVy,w,„r'-4>•~a?~ac.€: 2`i Eavr'~ '
II {
(f ~PIR DEED, NAde thu 7 ~5t cloy of
I} February
1 ,,.•l t982.between : BA(EBAFX""`8. ~A'P(~•a'#"ormetlq„`•
~t knoarn as BABBpAA B. JAClT50ta,
~~ nKthe Couifq of Herat "xmt State of.
{,. CX1tillRidic~tBa h..r ..... .._.
ing fifty
!f i.G I 1 d , L h
{~ - ~_bu+ I {'.; .,..w ~ ~ C ~.. ~,.~ R
Ll I.rgtl
BAREARA B. PAItKEI~ formerly
~~
knowrc as BARBXRA B° `~q`OW„` .%
f
1 -._...__.«
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RTgTEbF C0LdB"q
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ThiOr RnmR metYUm nfw• Aeon wl 1
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r r~- i ",p
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or
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em ihlx
dat g/, FRhrnATy>~
fp 821r~ Barbara ~B. Parket,~'fnrmerly known as Barbara d. Jackson *'~ ti' "-,~
'
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s
.. r: t {I air ,:r
\Iy enmmi nn ezpttm - N
14 P CAP a mF, n 1 tna'IA} j~pi,
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\o.9aLq...peeRn!tra9NtE.b C Pl.n vti•p k.. Im._9r 21 d7uLIY.Aina Ca. ISIK;W"~Vime.p n`Pu~.~~~5'fR'~ili
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a i, -st»;P
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A~u~a LJ(L Jyh ll
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7 ;.,, man whau evPt otthe elpnrtynf[h«Lr In+R er[hPl in lxw nYPquity.nf,
In Apd to[L Ah\ IIAYRa+n PlrpY mtRP NItL tL(MPYld tqn lnG An V
•~
) ADO11rtOTAnCPIt
~ T4!a R4 tA71'r0'$ifT (t rile eii~prema~eM~.-b bgr¢Amad An<I ie frfbed, with ehe appal tEn
t
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Y
par
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~ y~p papa
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e Ref I J Dare h Y e ra an 1 n..IRn. forever qnd the aA d nnrq• of the fil=t
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~('ft[C]fV(Ilr And (ITInIR(IatnlR.dlN`R fnYPnNAt,RYAnt. LAf RRln qnd eRr [rNnd WltL l~1_ p IIf
C a{d P9rta (LhP Pfnnd par(,
Rnkrlee YA BndA IQnR. Lhgt tt}Ip I1mC fLLP Pn
( a
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PA
In Andl
- - K p vp~YY} flL 9 p tlaPnL
ANpn RPIT da([hl nYPm IRpR
ntrove Cnm ageJ. an ofR i UrP. p«rh fl nt Ilfe p)Ild lnd tCAR101PP ,q IP U(rpl
lt
llr
gn e, In 18W; jL fEp Simph, and LA4
I R(rnd riRhf f0¶ pnP'pr Bn(I ItlN'(pl Apth)Ylt lP CTnnt baryam. Relt and IVey th! Rpm! Ih MAnnC r'a4d fOYm'xR
I I gfM1FpRAI I And !hilt th
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AMP prP fr Y an 1 IYPr
fY m qIt fnrrllPr N Id nlhnr
!I - Rrrnts, herRAmn:, qeN, 1 ens, tPRl R,
• VRpgphl«ALR An lppfnmLYpgCYy of whXtll MY kind nr Opt lrY ROllhr„ aXC:Ppt ehe lien for adI•alorem
I taxes for 1982; right of way for ditches or
l
~
cana
s conaCructed by [he authgrity
of the United States as~r~served in`United SYaies
P
enf ppg
a t
recorded in Hook 167
p
~! thePUneited (StatesPPatent2iecotded iniBeoka 162 e[ Page 4
8s
asntoii .r
el
5
(
e
1);
P rights of~'iaey fo ditches as evidenced by Wartsn[y'Deed 4ecnrded ~ln Book 260
`
{
~ at Page 335 (ae to Parcel
1) Restrictive Covenants recorded in Book 263 at
"
° ( "
n Pa
955 and in
Book 263 st Page 45'5°(as to Paicel lj
~
8nf1~t11
Y
AI
d h
~
!
AI RA,nP I prpm ApR /n tLp (V 1't nhd p AfPBLI pAA P RIOn )f tliP i81I tl'lair
.
rv.~
1 LCIrR n1111 lR IRnA 8RA n l Aa nd P4pYl I flr[\ f tilp OPl nd pnrl ~
erRm
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k
t .v
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t
rl
rh
nnR lnwf tDv eln mmROrt dxun th hl nor ant pert It preof.
the RAiJ pn tt of the'11r [part xf ..11 and wi1P ll'Al(R.`~. "f'':1\'D'!•'Y1 '"
e
'
~~~~~~ "
~, ~.4:^.- v:
+)n¢ul
r numb«r ph all
Include fh plural. the jrlural th I ibrr An l[h ve fx Y!
~~ REndyq,inlih hMroLtl M 11 Renderx
18 B IT\Rg3 n`DF.ltF'OK' th{ na i<~`i arts
f th
fir
~
o
e
Rt t art h,r. her. unw .r.
~ he ui qnd seal t6i dq• and year! .t ~~
--a• r-r+ve tnoveend and no/100 ($48~ 000 OUf ~~ ,_'°°'• nunarea
II _ .~r°'r"+9`'r'f1~S~'V"~`~`"`M~awm;+. .ror f'ue"~~~a,Am~.
to the xrd part! of the !trot part in hand paid br Ci a as d parfj of t`6e et•~on pAnr[;~'{r'pylae'I~etiPis`F'ierph r 1{ "
! mifeaned and eeknow•led ~ _ 57`ki~(r
RPd; Ae: Ri~anted, barRAined RoIJ and font 1} and 65 thlRe DreAErits d.rex ""°"
a I •If, ronvey and entifirm, unfo the raid Darty of the evond gr[tfi prant,ti~rRein ~ ~F`"
IYRCriLed lot - P, nr+and asxf R.nq fore. en dl the toll an¢ I py" ~~ry;:
I e or Parfel9 A(Lnd. R;4latP 13 irtR'anJ lie)nein the
I t'nnnCy of Pitkin •~
~l and CGAte ofCninEa (n to-a{t:
r
r
SES ATTACISETl "~7tWI'BT~"x. x+., .- ~,...: ,. e ...".,U .., ,,. ..<. ._ .. ~. a. .i.,, ...;..-r: .: ~~, , ,
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~ mm »__ _ ...... .. ... .. s..,. , ., , _ . , .
~I 7rfGETIYER with eiY ant'fein <> u. St.. ~. ,. 'w*'Fws.,„.. u:- xa 4+ +a,#a 'rc ~~
i~ ¢u~Yni fhp tiered tamenG anJ aPpurtP InmreR ther t belonadnR~ or m an~wt p aDMr +r
I tgminR and tho~revet'elon en 1 retest rta rem. nder nn I remmnda r . rentR, {pauez and profiE:i ehxYeof. nnfi"aTl }he i
' estatmrlRfit. ufle: InferenC fYaim An`X"dP 'xda `''""
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Ar(q ~ ia`,itf n.~ as ~0~- n~S!
r ~ ~y~ r < x3 ~ U 3.fi 2, x* to ~+~y'
uT x c"t :~~C+~a§+"< tbd4l
ro
elX `sY6
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EXH
B ,~
: ".w ,~
I
IT A
Parcel 1:
i
A parcel `of land situated in the 51~SW~ and S~SE~ of "SECtiion`"Z~; i"n'" ~'" ~`~`"~" ` ~~~~
theN~NW~ of Se
tio
2`5"
-`
~
"
c
n
;
all in
mownship' 8 ~
out"fi, "~an~~ West of the
Sixth Prircipal~'Meridi
"l
n
~
~
an,
yi
g 5"outhPrly of
the'Northerly ~'i"ne of said '""•"'' ""
S>SSW>t and SWhSE4, Westerly o£ the`i3estetl
ri
ht
f wa
°"
y
g
o
y line of a County
Rozd aq cona'tYi:cted and in place 'and Easterly of the Wester"3y line of"
said Section
2
s
4 &25, said parcel of land is d`e,scribed as £ol`'lows
Beginning at the Southw
st
`
e
cornet of sait7 Section 24;
sai~ corner Co}ninon
to Sections 23, 24, 25%6'"25'"in"said T
"`
'
ownship and Ranges thence
N, b0°p`3'Og" )u
1317 97 feet along the Westerly line of"said S
i
c
'
" ."
`
e
t
on 2d thence N. 89°50'08"
2693 44
feet along the Northerly line of paid"S~SIP;• `thence S
443.33 f
89°57''06" E: '"
et
l
~ E.
' " ~
.
e
a
ong the Northerly line of 'said SSV~SEI#
to a~point en the
Westerly line ofsaid County Road;
n
~0~
"`
the
a S. 00
18'ibw
P. 399:'Sa""fee`t'~~
along the Westerly line of said County Road the
1
7
'
' ~~ `
nce
3
.37 feet along
the are
of a
curve to the left, !laving a radius of 865'56 ~"eet,}'
chord of
}i
"
'
`
~
w
ich
b^ars. S.
04°.,0'
SG"`E. 1`3`7:22 "feet thenne S tl9°23'~3tl"~ E.
125.80 feet along the Westerly right of wa
lin
f
`
y
e o
said County Road;
thence 119.32 feet:: along the arc of a
r
cu
ve_ to tine right, having a ra<la.us
of 213:46~feet, the chord `of which bears;'" ~. 06°3'9'52"~W
117:
th
"
c
~
.
en
97
feet;
e S. 22°41'19" W. 45:21 feet `along the Westerly rig`.t-of-way line
of said County Road
th
c '
;
en
e 99.02 feet along the arc of a curve' to the
left, having a radius of 282.37"feet the chord of w'Tiich `h
S
"
°
'"
'
~ a„.
~
.
earse
12
3
33" W. 98:51
feets thence S
03°'07'14" W 100."96 feet'~along~'~ ~~'w~
t e 'Westerly right=of wa l
f -
'
"
"
`
~~ ~'
ine o
said
C~un
t f~oaa ~
1i
~~ ~ ,~
µnce West
feett thence'S. 13
06
5`l
Sa ll
f"6 feet
~th
°
~
`
`
~
"
2~8 0~ ~"r
°
~
~
,
;
enoe S. 0
1,
5'
~
T
"
~7;
feet; thence S. 5702 50 W d8 42 feet; thence9. 00°3'813" ~' 51 0"0 '~
fee
h
°
"
'"
°
`
"
~.:
t; t
ence S. 18
22'0
8
.
1 y
'J:~
~"'f"eet, thence S 04°47'04" B'"'7h g7
feet'to a"~p'eint
hen
i
~
w
ce tl
e
Quarte Corner cornmdri`to said Sections 24
& 2S~in~said Township and Range'hearse~ 3.
~O
~'
"
i
`
`~
"
~
OS
dd
1~
h
.,"
T8:84
feet;
~
~'
said point _being on the Northerly line of a 40 fo
`
'
ot roadway; thence
133.81
feet
along the arc of a curve to the lef*_; having a radius of
218. d4 feet
th
h
°i
~
,
e c
ord of oihich bears: 5. 72°2T'02~ W: 131, T3'"'feet] ~` ~~ '~"~
thence S. 54°54'05" W 14`2.85" f
t
t
` ~'
ee
along
he Ne~rtherly
line of said
road; thence 181:"f,2`feet along the
arc
f'
"
'~
~
_,
o
a curve to the right
;
having
a radius of 174 56 feet, tfie chord of which b
a
°
'
°
" ~
e
rs: S. 84
173.
42
33
W
__ ,~..<~
54 feet; thence N. 65°29'00" W. ST:3 T"feet along the' Northerly line
of said road
th
'
~
,
ence
119.32 feet along the arc dr. a curve to the left,
having > ~,us of 457:17 feet, the chord`of ,~}u ch bear`s
1
°
'
: N, 72
18.9 ~_
57
37"._,W.
^ce N 80°26"13" W 83:59''"feet along the Northerly line
of s~,
once 134 09 feet along the arq of a curve to the left,
•- a~ I89 17 feet t5`se ch
d
L
~
or
of which liears'• S. 7
13
e , x
30 ,,.
h°15'25"~`W,
t}ience S 58 S"l 03 W Z°3'6 53
fee
al " `~
g
t
ong the Nort
line of said road; thence 1~3 6G feet alon the arc of a`curve`t
ri
ht
h
lt
i •~
y
,
av
o
he
ng a radius of 192 94 feet the chord of which bears't
S.84°44''11"W 167:86 f
' A
et, thence 197
q8 feet along the arc of a curve
to the left, having a radius of
50`9 ~~1T f`ee`t; th
c
'
'
~
~
_,
e
hord of whic
N. 80°36'38"
li beer
s:
W 19624_feet thenca S
88°15'24"`~Y i
"
`
'
'
~
~~ ~'
ti
.
0b:
b0 feet;
S. 84°07'
th
4"
ence'
W 1236 42 feet to apoint on the Westerly line of`said`
Section 25
th
°
Y
;
enne N 00
OO
38" ;; 262.5`fi'feet along the Westerly line
~~o t`i,i~"NOrc6"west Co
r `o
o
i
s
on
~<
rne
f sai3 Section 2S; the
oint
of
q,
begi
P nnin
Parcel 26 ,:,
,
~.
"The SE1~ST~ of Section 23 and the"E~NE'r~of`Section ~6, Township 8 South
Range $7"'W7e§t of"ttie Sixth P 5
:;
,
rincipal Meridian, TOGETHETt v`ith all water and
cater'rights,' ditch Rights and reservoir rights
if an
'
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A n
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`~'vrh:~+mgwuw«~^i~~. '~'at:ws~,aa~vz~ast°~' _~ En,~"'» ~ ~ ~ r _ _
M ~ c ~r
~, - ~~ ~ '+ a sv.~,+. Reeotde ^ ~' o c oc ` r~+K~ `wx.«.,/.w« use- r , `TM .~.::,c~.`mstx ..r.~ ,
n s ~;~~ ""keeaptlan"No ** ., ~#' , r~,n~~ ~~kero~d'st n Y
{~+ { i C'.~"~-js~r,"~'ke r k~~;~ hr~w` ~~ S Z+~ k?~~ ,' "~,,.~^,~ ,s: ,.,» r. ~ ^"'Y~""~~. "' G~.v w H?'wf.~..r i:,'.~- µ'~~ x
# q'~+.
s a I ,.. ~ ~ ~} ~~
x z a7w s.» dr~x /~ 'tV
a
f, $~ THI5DEEU Madefht+ ~(e day or May rs84 , two ~xa ' ~
.i' _ yk. hILWMrn aF .,r -A~+(•1~`r~ ~.aai.uu...a, N~' w a~a~+n'. ..,=Ky ~ ~'~
~ , xts w:. ~ ste`S°^'4Ye-'Ny`~g, t°s -'~ ''',r'h`'K4a T~.~an'z""413`~,,~. ~~. ..., 5. '~J'm
yq~ ~,~y~ a sr ~'
r:
S i „y,;, of trig, ~"OO nt of ``.'- 1st~~;^„ .. N h~ artw a,.
N y Ftitkin and+tarnn( CX~
t 2' Cotarxdo, iitthe brat Part antY""°"
_ OZ
x m w'"J ~
. o ~o
s` ~ SALLY G SF~K$`k~1E`~ "" .•~`~ "°~`" y ~
a, ~ ~ ,~
..haaeM (addreaat'a" a, `.~." "'~"'w'a'~°a_"".'„^«d,~y.T
~. g±r . "sob 'L:'o"~p`~C'fn"s•re , Aspen, CO 81611
._ da ys of the ~ County of Yitkin imd state of r
~ °~ 4bterado, nfthe aeond part
x r is :. , . d E7
f` i AITNF,hSE'I'1t fhaf the auk party ot[he firxt part. for an 1 m con+iderntidn otthe anm of ~ ~`~ ~ ~ ~ - ~'i
TEN ($lb bbJ°"1~0~.`tC~~`l~r$ iYfHEk"Cfi~YS"1Ct~ "~ a
'; ~7 '~
.. v tn!he avid party ~ oYthe'ffrvt parE ~N an pa~ p t n as d par v d ' « oftne aeeend part tha reeetp~t wwhe~rp f ~~ f'.
~~. Ys iieroby~2irnfcaaed and acknowledged hs remfaed released , Id conveyed and Q(, f`f CLAT1Ci(~'fY~ an~b^w "Y`"° x*
1q' nreegata d ~e 'remfae, release, sail, cronbey and QUIT hLAY'N' u'n t.,rhe Ka~id par ~i;f~ie eteon~ysrt, het` ~fe n+ {~
P.r , . ,:~*~:^ n
t ~ ~~: atxceate'rl ynd aaatttna, forever, ail the ngh`t tithe, tntereat claim an i demand which the said party of eSe fire( part P~
'~'-+ '~ hra is soli to the folloafngdcacribed lot or parcel olland attda'fe 7v ng ah~ bemgin the
lot Piton and State ofCoioraao to wi(j a'a to enttndivided on+- lounty 'i
gttartec interest in
4 . ~t i ..' ~~ #L €i~'<h ys'p#+~.".fi c t,?*.ic~. a~S 9'`t`1zr»,z ~a'$ .~~i*^ ~ ~-.+.r i err '. "t3 mss?. urra zla-2eY'.>~+ii~~- n.~'~?~Y <
( ~ S},~~5 ~ LO uo.,,ww w+ se, e C " { U~. da
e f`~~; as tecar~dx n at S •ra ~'~
~ Bova 14 at Page 35 ;f~
I ~ ~ a ,W ~ ~r~ if
f
` ~~ ~ z,a ~ e re ins +: d «k. ,t a ~ ^~s~. +;1=' =wWa az s i M,e'sir~§Ayl d~
i" a x :urea' z o < r"fpt'~~`E;"+' a.4~+ 5~4 3 m~~b a* fi~~~}~.~+' ~`" ~ ° {
er.~-- S ....~ ,~ x i~ ~..
._
d ~,, ii
~ A. , ~ ~ '. ~ ~, ~
.y .. ~ £s. ~ ~kva.F.z1~~K~,~+ss~we:. ~.NJi d
NaeJtwea«+«`sleefaandwamtttrt ~ * ' rrk ..
7 > ~ z N r
y. TO HAt h. XVY I~ ~~1 t~ie~+~IA`~tbw t r rc °~ ~ ~~'c~„~ `
r ~ ~ g ^T-z E~ R4 Aa t~~5 , vn~lUrt~ TIaWFQ4? and PC ~ • e 1
i^ *r ~ betortgTnifot"~'n nnpiv +e ci reu to apQl~ainfng and i"q t~" P g0a thaY~Ftlnto
~.,~ ! atv~`v gY t , e {ntna• bt aid to m ahataoeveT of the'
acid party of the brat part nit7~ r ~n'. o o~ equi v'to t nnl prnprr UNe, ben ~t am '~.oot<of'~kh! eoi~p~+c-+ ~~w.,wrw+r: -•;«w
F tI the aecon' art hrT hetr an-rkY!'{gn~a~y'~uyrpper
~, (N~VrTS$kq WkEkE'fi~'The n`~d '~ "~F"-^'~'~*`r,A~&^.•.z•~k: rkK m ,~ aw ;. rz~: ,~;w_+x..ynf,>suts. n ys~:+,:~:, I r:~u
. Dart" o the fit epnt ~t hr rPanto 'his hand .. {} ,~
~ mda @ "~" Lhe . .g anr~gear ~ira"t ihove written
HAFFER~ ---^- ~...-., -15EAL(`""',,
"''~ SiEred Staled +nd Deirvere3 in tie tt~eaenc t`ot' ~ `
r x r .. ~. ~,-•; 5 ,.~^.~?,~€e a ~.' ;.; ~ ;,
v ( - ,.*. ,, ~.c+...w $.~5 `` €.^,,. ~ .....--~+~r-ou..aw #+•si5t~sA°=~ "jS~.ALI ( s,
~ n .~ `ST'7t7iL'01l'L"'Crf~3'~°`~ arm ` tSEALt ~` (I
.rxr"' n s n arCMitra...,Mt,33"pAw f
u '~ . ~ `x~ ~ r~a~^ County of ~~ PYt s~"in ~~aa ~° w , -~• -., ..:,¢~ .a ". ,Aa, ~. t i r<?b ~Ec ~
r»+rm`~ ~ The Poregoinglnatrumentiratracknowiedged'6e~"ore tne[hu j l 'j
t9 84 bv' ALAN SHAT~`E[t (F t ~ a.y or Nay ~ ~^ ~
> ,, r y ' t z y ~
~` ( ~~~ ,. .~.% "Y "u4a a,.a.4.r.r..;: `a»+«+w.,~.wi~.,+, ..,.ra+~.iM .wvS+S `w $' :i ,W ~ ~ #ww °~* ~:
af7 rotnMisaton xP(res~ /~ i9~~ Witness mq hand endo7Ke`rsreear ~""""'tl"`F"" ~.^ ~~ d , y
~ m' ~ .c tog ~,. is ~
d" ,.~.. th ~ +{~. y.~; nen ~~ x n-p ~qM=~ ~4'..+~-'-'s*.x-"~ka~~sam t"`°~y+.. •-s+"~sa~5rv~w'~a,.'$°r`tAw^y it ..
~~~~~ t,/ ~ ~}~< ~`tR~_ `.~..x x t~s, . F. "'a"~""rc,`"° !q'^'u`4.'K *"~'°~~,~, 4baaY~z'~$''~4t?an~
.~
{ ++v:F. 'x ' -•, ° Me+~1;= ~ N M Y P ens
M.; a
~ ~ .~~
„r n ;u., n2~" nM,r'm'Y Y,"F'~wu'x.k, t,S~ y. ~r ., - ~tiyn ''sn"'i ~ x ~ -`:i
~~ ~~~
qme ^5 5
~ ~
L` f '
mata^.AfM2~
.. bCt~~h fi "` Y ~ tea'
~~ ~~;
s e~
~~, r ~ ~.;
s,,,,~,,,.x ~L's~s"t4~.,.~. t..~„w,.'.-..ACS.. r»~ ..~'~r~»x~5i~z.'.
E d+a
'~.; ` ~ a'?, + e r ;r~++"~n'~r wa'w:r=G...oas*. m~mrc+'`~`u~~'.~x~~~'Y~n% n^.:i4ar'*. ,,~ ~: to .,Gr53 "
*' `yya ~. Recept lon No „' bn 4.'rc jp/•w+-vm'~,p'aw +.= w ;~ wa. ^i +m'+9e+=.;=ib%rt` aarwmwH ..;~An?mb3 "3w aY#?'.x'
~ k
~ ,7,~: Rao Pag---~_, Pitkin County Clerk and Recorder ~'
~:. - :6bd~w+Y nm~ h r 'K\. L., 1i e ~ .rr t rc : ".n~{M.`4n:4'S. :?.< .... .. ~. _ f': ", fi .1 )1 r N(SN
i'ce`"=~ ~ -~ -.• anarreq, of the Count'y'o1` Pitkin and~3tate~of~Cblorado,lGGra ors,' ~ ~~~~~~~ y~~~"~
F and rrr£ sl~l~os"sn~IO~ ~oFf~:~w~~"R ~'ii`s5'tSCYA`'fY'~~i, "iNC., a
~ ~. „Colorado non-prbfit corporation`, whose legal address is 2053 £.
"' ~ '~ !. Sopris:Creek Road, Carrbohdale, Colc+cado 81623 o`E`tha"County of ~~~'
~' Pitkin and State of Colorado, Grantee,
...
, ~ "' ~ WgER£A5, `!'~iat~the Granlocs `intend to transfer to,~ the ~~ ~'
~~
1"' ~ Grantee asst"sin waEer~'ri~ghts~anii~~improvgmants so"that"°theGrantee' ~~`~
=may admJnister those wafer `rig)its and improveme'hts for the ~~~
~ M ~9"° ;' benefiE of all 'of the or~ners of°Ehe Froit'e`rty"knouw~ as"'The'Sfrpos"' ~ ~ ~~~
~"' & ~ a ~~. r, Rubd'ivi'sion as that p y ~ ° y ~'~`°"" "° ~" ""
~'_*~- ~ - "°- pro 6`rt isdescribed b the"final Pl&} filed _
*~ f' Eor recbrd on February'°22, 1983 ak Flat Book' 14"; °l3aga °~~^~°"as
z ' B^ ~ ;,~°l, t1 p
Rece tion Vo 2'48116"in,the offi'oe of the Clerkand Recorder,`
1 ° Pitkin"County, C6loradoj and ~ ,1~
.a
,,m `. wgER£A§', eC. ~,h ~w«~ ^w~ .F ,xi. es.3'~"o-~~":^ ~~s'3*'"~'i~"`~"", ?a. '`a`,~k"r "~'.*r~
,: " ~ ~ the~lots in the Sirpos Subdi~s` on~shallialsoebe su~~es`ePa~'C°~e{~ °~
~~~ j interest to the `rights "and otilig"at1`ons in the Sirpo~s' SubdLvision
owners;aand Aasoaiation,Inc ("qO4") of"their predecesso"Y "" ~"
4t
'or entity becomes hatsu ~ sse`0"Y~`i"ri interesthtohan oi~here~~~ku5h~""' " "'" `°'"'
° ~ to sale, transfer or foreclosure,- such subces~sb"i"""in interest
shall have the rights oEan owner'in the qOA; and'
...
NOW, `T)YE~ff'~`F~ c ~.'~ ~.. °.`~""~" ~ a,,- ~ _
" in cons ideration of the ~sumTof Ten ~ at t e~Grantors, for and ~~
-and sufficiency of which `is hereby ack`now"Iedged~ahave~remisedip!
. ~ "released, sold, conveyed ~ahd ~„ ~~~,,."and,bythose ~ ~"
QtlIT Cf AYW`E1} ~ its.
do remise, release; 'sell;`conve ahd ~_ ,,,,,~, '
`Grantee's, their Heirs, su`ce'sssors°-and assigns foreveeheall the`
- "~ 'right, title, interest, claim anddemand which the,Grnr.tbrs have
< in and to the following described.,pater rights and~improveirtents
being inthe County of `Pi'tkln and StaEe of Coloradb, doscribed as
follows .
" ~ F .'
e.
. _<~. _ r,..y , N..~,r ~~
Y °~ An and all water and water rights, ditches°and ditch
r.r ervoir rights, and well and
~ velltri litsea'~ glrEenantet ~ , ..:. ., ~ .. ,. _
' ~ in coredect~ionpwith tfie"property idescribedYtheePlatbfiled
' y 22, I98-3,`at Plat Book 14, Pa e
",` ~ Reception No 248110, records of the Clerk and~Recorder, ~
Pitkin County, Colorado, as thosevater rights ar9^moYa""'"°~"'
particularly de'sa~ribed by'£xhibic~""A" attached hereto, ,.4,..~ ~f
~' - ~ but exce'ptinq Erbm this transfer the exfstin domestic
~ well loeatad, on Lot 7 of° the Property moY'o'~"p~articularly `" " ~'' ".~~'
~~ f ~ described as 033c f s.,Parker Nb 1 Well
£nginear's iJO 64`S92`,"'primarily dated Apri1~28~a19"72 ~
~' ~ "~
x v a ~ ix ~T '~rt°..93
tt~-- w a ~ ~
4s V w .n~*w,r+.~~xi~s#~~~wua*~a~}`~au~u~»haas~c'4~°~~exz~a~'C s..vi
~,; ~ ~ Paga i o""£""~Jag'"~~'g"bf Quit C1aIm Deed"
dated October 20, l~'86 between Donald"N Ensign, Susan i"'
~`? MacNiohael, `Alan Shaffer and 6ally G._ShaEfer GYantors j~ "
~ ~ ~ M
"-amt C and The Sirpos'SUbdivisiorf Aomeownec's`ASSOCiation. Inc:'; ~ .~
~ 'N` ~.m ~ Grantee
N s ~p o~.. '~~T*E DOCUMEN7A~l~' ~-~ ~~ ~~~~„*~;
k
s OO t ~ of _ ~ ^"`m
¢~t" ~ t- .: m •~n, w ~ ~w.: w^F+r ."w"'~ "` $"" ~. ~ O eK xw .s
_`v
~ B rvb%t,1uzv:,~::. :s .a. ^; ~ ~ F"c * .S~s... ~.ic~.L.,z+~ s ~~
AI
p ~ ,~ r 1:K
~ ~ ~,; `~ °.;Pa
~, 8 De
E
'
,
'l
. ,en
P
N
w„~ a
re
f Fhl
Re.
12@i
singular thi
F , in anywise t
""'"tf'tle, inter
$ ~ law or equit
'~ ~ r~ Grantees, tt
„-a< 4 on the date
d the bulf`~ingc~
Shoos Subdivis
gEPlat Book 14,
o~Yi's and `records
y,~Colerad'o.
same; toq~ether w
ivileges thereun
sand all the es
ver, of the Gran
aye, benefit an
forever.
x., . ~. ~ , ._~,,.~
the-JE.,.y ?...:
envelope!
for Plat dated ;;;7
of the Clerk and
itn all and
to belonging or
~a£e, rigtit, " ' ~- ~'
!or"s, either in ~ `
d tiehoof o'f Phe
x
s'xd~ H A~°~mn.aok...h ck~w`k.V+ as °pw;Y4~
e~utey~phisdeed r
t --- yu.. a,.- ina.r"tfc 0.t c
.. ~ „,,w .. ,_. ! _ ~:
... ~ ~~rlhlt- ~t~rnal~ a,~ta~~c~..~a.. ~ ,
~ ~ - ~.. . ~ ~, . Cwt ~, uz~~, w. ~ ~+c -_
Y
;i.:...
t?-,.
y..
~:
$ii.".
;:
t
~~
p
Inc., ::.
•e. € sea 1. - F~
~COrylm{SS{,On @Xp{Y@at ~~,~~~~_
I ~ rr
,.,Gt•1 t .d•wn
STATE OF ~COGOF
COUNTY bF~,~
The
Witness myhand anA off{c{al
sea1.. _ ._.. , ,
'+ O ••,
~(~
Pagf
Gated oceobeti
' "' ~" RacMichael~ A]
Nota y Pu c
ii ~. ~ ~r~~c
asf ..
s.l y K~
r
,~
V
i.
~~
;:
r~
e,:„
,~
,,
"° Any"and`'ail wa"~e~'ii
~
'
`
-"~ and well rigrts`;(he
- well
s
•Natp~ Rights') ` ap~'VlYtettai
thaE'beitan`Narianty DB~i
' ' e. Parker to b6rta
6arbard
~
6 ,
.,.
Stiaffer` Ye~orde~""on~°fre~u~
"'
'
( ng
skid real 'propeifly~"bei
q
~ of Section 2d, in the N1/
'
- South;'Range 87 West"o'f Via
"
Southerly of the Northerl
Westerly of the Westerly
,
'constructed and in place"
said Sections 2Y s'25; su
`
"~
"~ foIYowiiig:'
~Eo:'Elie
limited
$ (a) ; .333 c. f'a". 'o£,;"
~ Ditch, Ditch Priority No
Numbers 350 and 414y,S,'.~
(b) 30$ of all Ovate
O LO as F~
bed 1rr '~
a ra
and'AlaYi^~"'"" w~,....t ~E .~aE,>w
qe"'372r ..
Wl/OSEL/4
d~hship 8 ". `
Yiag - ~ ,
W1/4SE1/4r
Road as "° ""
ine of
rL
yate'r,allowedto flow in the Miller ~~ ~ u
under an"d"""~ vizt"u"6"'cf` Prio~i~p ; ~„ '"
aiveiy; ,. ;r
"f 5r Ye'spectively;
:
4 ., .,
' (c) '5.625 c.f s of the water
...
allowed to flow-in the Dry
'
"`
~ CYiek Ditch as adjudicated In use`" C6iY'it in
~ric
t~'o:"'~="i'7~5, Di s
. and for Water Division No St
" ~'' ~` ,
~
LESS AND EXCEPPs 0.033 c f", s., Parker No. 1. Weil, State ~° "
`
""
~,. Engineer's Permit" YYo""ti$~"T2, priori
~-~ 1972.
ty `d'ate`"April 2S;
,. ~.
.. t
:
~
n. S .
Y +m m'.+i ~
.G L'
.:r.
1
ggF .
.&S
wttxe,.-wA`r}ui~~,{. §+.,.;.c,:u:k a;~rvY~i~'54N8. `G~.+~. a^ak=karncYsi"..w. ~: u.
€.. ay;rv~~'...,.'"..aka.roW{,~'.s~'a"s.a1'tx_~'H~"~~'4lE?.`a`a"#s`Y.~sC'x ~,~~'~..+e~i ~~'",~'~
~
~
ymry
j
~ . ~~Nn
A A'
~.'W E r ~~ 1.e .:..
n.V "
`fl~
. .....
~ ~Sw.A
.rt. aa. ...
.: t. n~
H .wG a~eT l=x NN `A.rW Y
Sav xi ~y., Yrv w.v R+S 4 x~ '
~"
` A
/
;
k :
4n''
a S .:. ~ w
',^C`AZ.~'v c d.. a ... R +~5 `~ SAY"yq. ~~}+~
~`
i.
bry^`Y 1 ~. # ~ ~I
~M,A
4 E - 'k ~.. .,
a
~ v+. v'3 Ec w F '„.~.#..."~"iz, P A Fl....r+f;. L Ww. M ms+w ti, *1v.Yki'~
X~P
sr.
EM
s;
~ >:~~.,~ ,.r -.;
~^ a
~ ~
~, ~. ~q ~~x"s.. ,"~S';v- .< ..w. ;.tea: - °~. ~,w.
s
:,,i
~:
R
rPftkin .7onnty Clerk and I
--v •~o ... ucvavorsnlp~
" ~ ,°;~ Creek Road,"i"arbon~ale,:'
`and State"nf C'oTotis~o,
v ~
~.
~n,v ~ ro ~
k~ c
~~ ~ ~ V
~ ~ ~
+--
~~wo
~ ~
~~
i
tor's`; >`~ ~~
h
,is ~ ~ 1
:kin `
C:3~.~a -
~ •. ... ~. WITNES$E;T~, -<w~~~rnxxvr si~*aasa,.~~ta,a ` ...~
1`I'iat "tie Grantors
fo
d Slw, -~
. ` ,.
~
~.~ ~w
' ,
r an
in e_olesidaralion
of Ehe sum of Ten iSl(i Ob~'DOllars, th
~
~
$t~
? e receipt and suffic#ency '
of which is herebyacknowle8ged, have remised
l ~ '
,
%l , re
oeaed, sold,
conveyed and QVITCC![Y~efS, and by these
e's
-
'`
'
pr
enta
do
C
gfliise,
release, sell, convey anBQ(jYT~CLAIM unto 'th
`
er
;.
r ~ e Grantees
; their
heirs, successor's`"end assigns, forever, allthe right
interest
title
clai
d
.,
`
~ ,
,
,
m an
demandwhich tM1e Grantors have'Yn and to the
real property, together wi6"ti improvem
`
~
~
~
~ + ents,if any, situate,'
lying ~
and being in the County ofPitkin and State'of Colorado
described- ,:
a ,
as follows:
++
' s Lots.2, 3 enc1, 4, 5I7tPbS ITi1t~CH,~accoc~inq to5th
~}n~~}^~~~~~ HI~~%
~ - _,~
e e
Plat thereof recordedin P1atBook 13 at Page 34
and amended by Plat t
t
e;
~
: hereof recorded in Plat Book
14 at Page 35', Countyof Pitkin
St
te
,
a
of Colorado
<
c
..!.,
The existing~domesticwell located on Lot 2, more
M
,. particularly desccibed
_ F
^~
s" ea .033c f.s., Parker No. 1
9~eer s No.fi4972,"p"rimy-il
dat
A
d
at
y
e
pcil 28
1472
-
..:.-
s .w
To HAVE`A;(`t'D"TO"'~FTO~'t•:D`tlie same,~~together withalt
singular th
a .
. a, . k,. :,.,a
>" t,
ak and
e
ppurtenances"aHd privileges thereunto belonging or~
in anywise-therat~nt"A'aaaini.n
a
d
~+
:, g,
n
al,l .the estate, tigtit,
title, interest and claim
whatsoever-
of
e
.
,
th
Grantors,°eYthe~ in
law or equity, to Ghe only proper use
benefit
d
G
a
"" - `
. ,
an
r
Dehoof of
the
ntees their heirs and ass+qns forever
t ~ ~~x
.
- IN WITNESS°'C9HFR~p`~` T(ie ~Giantors have executed this deed
.on }he date`set fo
th
o h~vµ.,`.;
r
ab
ve.
lArG
1 ~_
~ a
o IV+c
l
.~.lwl
~tG-~c•~
~
' a ~
~
~
//~
M`l/~U~ ~ ~~ '
` ~~ na d H. Ena gn "' ..,.
' ~ ',;
+..... Susan Mach cha
Y J.
'
.: .
"~
~ ~~ _ Ni ni.ni L.. .:
_n
4 p4 .x tl~~~ Y't b a,„.. ~
.7 ... ,.,_ ~'.~_`~. a.. .s;'G ,r.+ x.e xis. u.,$'s`~+ ~'~".,a..1[~'b.?kt~:
~:
~'
`:~ "°
sr
~:
;,,
„S'
p.:q.:..
F:-:
lk
t
e.;
v:; `
i
ur
x,,
pi'--
z
e
'~ ~r Paq® 2
Da'~ed Oct:.otier ~2i
ichael~~"~:S'an '~!
Alan~.6'haE
sal. .x ~am;.;~F=~ a ..w~aali,m~sn~we, ~a~
and Sa3Ty""" ;. SAafEei;"Granleea ~ ~~
x,~. ~<F
4 e ~.-wr%"'~"m nt "~- ma +S, s a~ 'ry"a '~~-ff~ nv;, "i" ,y ~ ~s~ ,~
Son No:'~~_, F`itkin County Clerk and 7tecord~er ` ,
Pa a _ ~ ".,..., ..... M„.;a~: ay.x ~~ ".
5. )r~ ~? ~- a arc
,y.~ 'OT1"t`P°C~.AY~t iS~EfS ,~, a.., ~=ro ~r~ µ µa~a "" r;. ~°tv'`Y'.'''?~.°~' :pi's. a. ;sa+»~x~""k`~""N'S~,. n.;,?s~Y'+'°'a kky«,,,, ~$'fa! k <y "+Ca" ,~~~~4,f.
r
i - '_ __- __.. ... .._ ..
,.;
Wolfebbro, Ne`w-Ham`pafifre 09~YA;~`Granfe~e; :x4r
-~ ~...
`' ~- ~ ~ ~4 '' ~ WY'1`N~~3ETH,"T~at the Gcantors,~for and"in considerat~ion~ ~iri
' ~ of `tliehsuM of 'fen CSlO:"GO) Do`llars;"`the receipt "and suff[cienc~ `"' "" "` x"
,4 -. ~~~,°. of .which is"hereby acknow'led'ged'; have remised, released;"sol~f,
o ~ conveyed and O~)1T CtXY'hED,"and by thesepresents do remise, -.
n. ,_
.~ pN release, sell, convey and Qt72T"CGAiY~I unto Ehe Gc°a'K~tl`e"d"; .their
i Q-o heirs, successors and assigns, Forevei,all the iigh't, title,' "` :~
.. ~.
~~. interest, claim and demand which the'GcSntors ha~ie Yn and to"'the' ~' ~ realproperty,°EogeEher`with improvements, if aily,`situate, lying
and being in the County of Pitkin and"Siate`"`7if"Colorado," ~ ,
__
described as followse
...y _ _ _
8!!2
"'~Clr`L{..day of O'ctobei
~~ , ~ ,
~ ,';
=sio..
STATE OF COLORADO ~ ) ~ ~. \.
COUNTY OF ~ )
+~c 13~ t .m s " I ,
l -0 ~~ °
Recorded.at ~ ~3 o'clockl._ ~ ~ f f 11~~ ~ ~ ~ 1 ~*~` ~ ~ ~ ~ "'~. ~~
':xep8on No 's c ~ ~ -3~ f I spit 3 i~ Oil ~ ~ ~ w~ ,„
~LVIA bAYfS"Pi~fIN`~OUNTV RE~012b~R y,`~t . ~. ~ ~ '~
x+ a I~MRANT~' ~~~'lj ...".......,. ry.K.' ..~~.N.-i m+wm..,~-mc At~..tcxw,~~,~~ ~~x»~~
»~,~+~`
ra~ THT$ DEBb, made £his ~ day of October, 1948,~betise'ifn JOHN ~ "~
i SN5TGN pA'7tTNERSpYF a t"'o orn o "" ^' '"" ~"'"""~"" "" ' `
, general partnership,`Gran~i and""°~°"""
~ TH$ SNAFI'SR Glf($Cf1+, INC` 1Fi"~t`~IAENT TRUST, whose legal addiess ie
;~ P;G.'$'ps"'4'~~i, Aape$, Cofoiado""9'1"4Y`'~; "d'rantee: "' ~' a °`
~~ ~
MITNB$38TIY, itiat the ,G~antoi `for and incons~i~erati`on"o£"the' "~°~"~"~" '"""~`~~"
IY} sum 'of Ten°" bollara ($Y0:00) aq$ ot7iei' gcod`" aad valuable '~ """~
" ~' eronsideratfon, the `raceip"t"~anfl ""s`uP~ciency" of which is "heieby '"" °~~' "~' a~
acknowledged, has ganted, bargained, sold and conveyed. and by
these"presentp dcea grant, bargain, sell convey and confirm, nnto 7
' ~ the Grantee`, i"ta "auecessors •aad assigns~"'f"o"r`aver)"'all 'the 'reel ~ `i
property. together with'improvemeri}s, if airy aituet@", lyingand
being in the County'of Pitkin and"S"ta}e of"Colorado"`d'escribed as ~ '
t follows: ' •~ ,m
K
Lots 1 5 and B "`Sir y+~~* «. >,~.~.,.,~.~. ~,.~,....,~,~,~.,~, ~..,,,n
` ,, , p08 Ranch, aCCOraltlg t0 ~ ~-
the plat "t7rerenf recorded in Plat BOOk 13 at F,
... ~. , ~"... _ .., :. ...,. , _.._ r
~. 'Page 34 and""`amende'd" by"""1+`a~""!"hertio'"~'"r`eaorded ,~"~.
in Plat"'Book '14 a#"Paage 35: "
~ , ",. ~ "
s y
'TGGETBElt with ' all ""and""e~ngulai'~' ~€~tie` heieTtia~nen~~s ~"yard'
appurtenances thereto belpnq~nq, or in anywise appertalning,~and ~~
the` rnvereion•and reversions, remainder and remainders, rents,
issues and profits "thereof, and a"rY tie a"stste, right, title, `~~
interest, claim and"demand whatsoever of "th`e G"rancor, either in
law- oz equity, ~of, in and to" the a2~ove' bargained premises, with ~
thehereditaments and appurtenances.' ~ ~ r,t
TO HA1iB AND 'TO" hOZtS"'#}i~e said`premises`" abovebargained `ands" `..' ~~'
described, eri#h'the appiiztennncea, unto the Crantee, its successors
and~assignefcrever. And the Grantor, for i~aelf, its succeaaoYS '
and"asaigna, dose covenant, grant bargain, and agreeto and with
the'Gzantee, its success'o'rs'"and assigns th t~ h ~'
a at t e_ time of the
en~ealing and deliveiy o'hese°pr'e"t+ente, it is well" seized of"the' ri
premises above'cogveyed, has good, sure, perfect, abeoluteand
indefeasible estate of inheritance, in law, in fee simple, and `has
"
good right, ful
1 power and lawful authority to'graa}, bargain, sell ~
` ~°°
and
oonvey the same in manner and form as aforesaid, and that the
`
' ~
same are
fzee and clear from
all foiiner atid'othei~grants; bargains
`
,
sales, Liens,
taxes, 'aas~assieeYfta, encumbrances and restrie`tions of
wherever kind or nature soever, except:
1. Taxes xor"the year"1488 and' all su5sequent years
_. ,
/'`'~ 2. '~rtaln Gee<Y of'"'~fuet an'c~""#hei`i~o"te w c t secures
"
~
~ ~
/ QS f recorded r 2~J, f9
46
:~n hook"
4`x"1 a'! `Page STS which 'fie 4°?
~~ Grantee aasumea'end agree6 to pay,
~ ~ ~
3. Those 'certain exceptiona
enumerated on Exhibit ~"`A`'" ~ "~'
attpched hereto. ~.
_.-
~, c„e urancor nee executes. tn:
.i''
~n of ~.,,,
svery ~ ~
"The ».~
~lar,
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aFx+~'3 '*;'s 'Try rf£ °I~~rµ~,d A111 ~ i ~ lWt ~ 4#„~4~~
+syn "~a.~ t fi ~ 'yxNSrer ~
l r • ~ 'Tti= ~ ur ~» ~. ra t~ ~"„~+ ; ~,a~,. "' aa.~A.N 'b, ~tx;.~
" '~rvp;,,+ ` a '' Vim' ~ 1 a ~~ P" '
7 .~
~ rte, JdHN ~ EN~`'~~1~18 ~ _. ~,a'~'ooi do~~.~~, p :,,~
q&~i"~ral partaeraliip
~ ,~ r~'~ , ., i ~ ~~
,us,
nbs 4~°"y,,:~ Bp ~ i ~ ~- w..
'~'~~cc~~ss((~~ ...~
~ ~.~_
^~ > ona s 9n.~~enrtner wrx `~
~. ,, w.
n ey ~~~,~.' C,, ~1/, / ~ ,~...._
k
4
r,,; a/s~sn ~f, o n, _qen ra artner "' ~„„„
s.,.aw.auaw,su.owe...,,~-,>~..~-M,.tia..~.w,.i'l":>ew;s ~ cra5
x°
88 '~ ~~} '~ .,y
rument a~ae acknowledged before'~me thin "~'7 ~ ~~ ~rc ~ t
~g""~'ohn 8 ~naign partnerahfp. "a ~Colora o
rp Donald 8 Ensign,gerrezalpnrtnet; and
partner;"6p°~lichael JG Herronher attorney- ~
u
,~,=o~s,~.~ + ,: e»,,.. .. w.ar„..,~,..a;rr.:,..~ti,,,,-;.;a5z.~xirAUt~y`-
i8 of~~cial'seal.
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ree:
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` !y ~ ~ S ~"N'~- ~ ~ Nr'S ~4MY ~ K~ ~ ~~ '^Yt~^F~tl4 d ~W~ Yq„ ! i
Yt- _ w ti ..~ ~ a .. ~r f w Wa: v~ ~ ^a w ."d 'a'tr4Y ~!
+ .Ay F w "~' k"i m A*+, ~ ~, Vl.`a^+ ~3 n "sF5's~ '~"a~ Q' ,y ~' Y3< ~~ 3a p ~y .. F,. .w r:,_cr,,e a r€c .^MZ's~;+w+~r• a_»3sar: s^7..rs+w,., Paz
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~x.x wm s,.>a'r S~4flw~twA+vr °.* ~ ..m ;mM+C..: nww.:warrq ~e 1~~ a .:o-bw ~ ,eD ss~~ '
~ a Rig"ht" of wag 'foc ditches. or taitals eonabructed" lip bhe'~ authori'tp ~~
:: ,~„
rof the United 5thtes, a3" re§erG`Ed in Vnited States Patent" ~
~~ `rec3cded id Book 162 at page 437.
,.; ..~
~ ~ ;Right of wa ~ < ., . w, .: } .~., ~
" of the UnfteQfgtates~h~~~°.~ ~ryedatnoUnit dtStatee Patent ~~ ~
recorded in Book 162 a~ p the authority ~~
^" F $ Page 458.
~i , ...~, .~ ~:~ ~; .. ,.. ,. s .30
~ s Right of way fotditches°or tana"Is constructed Tip'the authority "~~' ""~
,," of the United States as reser'ddd in United Sates Patent
recorded in Hook 167 at page 7,
~ All 'coat and other ~"min'eeals as reserved in UriiCed'States'"L~atenE^'~^"
~ reeocded in Book 162 nt Page 458. ~
" All `coal 'and other minerals as reserved 'in United States`PatenC~._1 ~ ~
" recorded in Boolf 167 at psae 7 `
~~ Rest"cictions as'Chntaine~"in deed-from Charles F. Smith Jr
and Margaret Lew1s Smith`to Barbara B. Jackson reebid"ed May 30 ""
1972'"i`n Book 263 at Paqe 956
Restrictions as contained in document recorded Map`3~y; ~g'yZtn
Book 263 at Paqe 955. ~"""""`~"""~'
" ~ ~ ~~
~.. .
Eaaementa~and tights of way for tke following ditches, wells
and well rights, insofar as the ma ~
," 1. Miller Ditch; 2 p p Y affect subject property:
Dr Creek Ditch and 3 Packer No 1 We11
'~~ 20 toot`easembnt`and right of wa
Electric Association Inc. b p gt`anted"to Holy Cross ~ µ }
t and Susan MacMichael b p Alan' Shatfer, Donald~M Ensign
" ~ IIook 448 at Page 132, p instrume'nt'"recorded Julp F,'1983 Yn '
affe
Toa+nahip 8 South, Ran a B7ctinq a~portionof Section 24, i~
: ",. 4 West of the 6th'~P.M, m~
w ~ Easements and restrictions as shown on the recorded
°" ° ~ Th ~ PI t
q ::~ or bottoms of river`s and ie s~ubbj ~t~to~~OmPrtai ~ a a _.,.
~ ~ Prope'r`tp along East, Sopris Cry ~""tom?bores
` ' accretion and relicti ~b~ ~r loss`6f
" { - r s d by „the prgce3e"!~'+~"`oT.. ... ..
li flow of water caused bv~man°made chsnges'inthe
charm so sub jecthtocthesfree and unobstcuetedrtloweof the
P.edtcictiona, which. do not contain a forfeiture or"Y~ECter ~
clause, but omitting restrictions, if an ~~~~"~ ~~~~~~~~~
color, religion or"na"tio`nal p based on race,
recorded August lq,' .origin, as"°contained is 3natrumenL ~` ~`
No.-280518. 1988 in Book 516 at Page 637 as Recepition
NOTE; "Amendment^and Ratifieation"of Deelaratiort^of Protective ~
Covenants recorded October 29 ~~
~P
P.eee tion No 282725 1986 in 'Book '521 at Page 541 as
rec
Terms conditions and ebligatiors of Water""Use Agceemeiit~"'~' ~ ~ ~ $~ ~"^
brded October 29,1956~in'Book 521"at Page S54 asReeeption ~ ~~ ~
No '-282726 y* ~~
~~ ~»+~.rtsxkm~',a~..~n«ts,.~~"'~s.,~..w`~w'"~e.~;~~wwc~=a,~~uaa~> , r ~ a 6 x~ xs~ 2~~'~~°~~'"` `~"'"~''g"'~~ l.~ l
~~~am }.~. r c v" x '"~"'ls ~' .w gw"°' ~^c4a~wynaf~'~ ^e a.P
y~i°.+ac'M~~ f n,~'`~~' auw „,p '?, x* ~ i i es„.Y br , ,, .~
k
X ,1 3~ ~ '~~ ~ ?^k ~ ~` a a +ah: .l <4 s ?''v~",+%hC++ "~ u4 '~ a 3 ?~ h~ > ,Ncd,
m ,e -, x a E3 '$ ''~"w" ~ a.~ r a r-+a~a„a arse g
s ?~ ~'
S~ ""~~ ~, - "}~'"s ,'yeti-~"r 1 n ...~ .-.a.73r- -.G, usw. ~.u .
~.. xtw'Gnrn~. 'aw
a3~ys., M'v ~' x ~> w..+w..~.!pu'~„..~*PC'•^..a s's$MJN"F?~~4~*~io3d~+ .{~`'.3 u"C'~'d+ v5'. ~S''arvH~rv~as"<a'~!F'fi~
~ ~~r szr* w~'~'e5~ *t w. *<~~ck3`~`4'c„'*F ^~h.~s~~~~r ^"~' awa~ Y3~+.^a Tpw°
... „ cy,rt ~ uy~ o a ^C ^"
> ,'~ *-rdw''k@k~. v~ ~ q~.~yr~.,F ~~' `9~'~?~ xn: r~TM rasa. ~C~ ~ ~~.
e{ p S ~` C"v~n~r+vRG~C- ?'d 4^4 4 ~h ~Y" d
.. xAx~3 ~ P y Mix ~ e vF,~^ ~~/, ,+ ~ 'r ";,6m^ 4^ ^~~+~*at+Nr~ nf~^ ~`° ~' v $fv ' n .+r~. '°
'ae~*e. s r .kxy ~,
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."
~'~ ~ QpI4 L~1IM SEED
a ,' 'fEIS' DElfb, Y~tade "}Yfts ~ day of October, 14SN, 'bettreeii"JO8`N ~`"'`~` ~ ~ >
' ~~'r, st `~.~:~:,i ENSIGti'PXRTNFlt3~~`1;"'"a""2wo o~o eneral p,'P~1Y'}y"o! the `
g par}aera~'ii
Y ,first pert, and, THE $~p''F~1t"'~d'1FOOP, '2NC. RE2iAEt4EBT" TRUST, whose„ ,.... ~,,' t
~ "; legal nddreee is P O: "pox 97'$x, Aepert, Cdloiado"'1~Y`6i`F; party of the ' ~"` '~~
"'se'cond part:
~ ~,r, ~~ '.,.
6Mj , NITNEH`SETB, K'h'a`} tfie '°sa~~ party'of the #~`r par , or aa~ n
cohsid6ration of he'aul6 of Tert Dollars ($10.00) and other goofl-and"` '` ""°~'""'~
valuable conaidezation to the said
n~ ~ paid b Ehesaid ~ Part inhnnd
yY party of"tTa second art, the zecei~pt whereof is
k hereb confessed' and acknowledged;P has remeed~ r 1 ~U"~ ~ $ ,n
conve d sad eased. Bold, '"
" ~, ~-- ~ ' Ye quiE~"'ciaimed, and by these presents does' remise, `'"
;; ~ release, sell, convey and quit claim unto the said par'}p of the
~ ~ -- - second part, its aucceasorer°and assigns forever, ail `the right,"" " '~`~
title, interest and"demand" vrY~ich tNe` said par"~y'~ of "tihe`fir"s}" part `"
tl
has in and to the,foYlowing aeacribed"real`property situate, lying
~ ~ andbeinq in the Coar}y'"of Pitk`in`end 'Sldte'of Colora$o, together ?
with all water aa3' well rights appurtenant to the following
deacribe8 property, to wi}i i
Pb
~. :~
U `~ Lots 1, 5 and 6, `Sirpoa Ranch, according to ~ ``~
i~ the platy thereof recorded in Plat Book 13 at
,,. y P . ,. .. ~.". v~,, .
~., , Page 34 sad amen"ifed'"b'~"lat`}li'ezaoi~recorded ,
9 in PIa} Book 14 at'Pnge 35 ,
y~ , ..w~ ~ ~ ..::..,
- TO HAVE A1QD 1YS 'HO7dY`"tlie'"aame, together with all and singular
~ the appnrteaancea'ax~d priviiegea hereunto belonging or in anywise ~ ~'
thereunto appertaining, and all the estate'; right,'Litle, interest,
+.
~~ an8-claim whatsoever of the said party of the first part, either `
in law or equity, unto th6 said party of the second part, its
anccessora'a`nd alai s foreve
m
IN iPITNES3 `11HEtlEl1'P ""'the sa~c``p x~y o'`the ;~
" herannto set its k d and "~ rat' part has -~s
~~, seal "the day and year first above
"~ writfen:
.i JOHN'i'ENSIGN"PbIiTN$"1iS'g`2'p`, a Co"foado~iitrvi""` ~
~~ ~ general partnership ~ - ~:`*
N o ..rW ..~'~ .~
• .e .. ,_
:, ~ .no ~ ~,' ~ ,: .:
+ " M o a M Dona A. n qrt; genera p~ a~rtne! ~ ~ ~ ,.~ ~ ~,
~ '~ H 7 :
~j°~? p'x^»., ;».. «. .wn~ N2 N Hy~avlFV~, •1"~_~~~IAn.A ~+/~'- ~ '~ ~ ` o gu_san n, gene {a p--'ar-t-ner'--
b~, 3 6TATE Of "COLORICDO"`) ~ ' .'" ~ "' . "'~ , ." ~•°
dd ~
sa. ~
r:" COUN3'Y'OF PI'1'EIN""•.) . ` . _ ., - ... "~: dew '
F v ~~ ' ~ ~_
r ^u' ¢ Wm" sa~~wc+3rd~aisSr:*,v'rw~~w„'s~o""Yaa"'}~*~m*~~' '
" ~ The' foregoing instrmaeat~ ~s~`acknow~edg"e1~'be ore me this ~~?~ ~. ~ . day of October, 19SS, by John i Ensign Par}nerahip, a Colorado ~ '"
general partnership, " by Donald 7t;'"~naign, gsne~al *^ ~
~' ~ Snsa'n' M. John, general Partrtez, 'bed .. ."" r
±n-fact. Partner; by Michael J. Herren her attorn'by "rY'~':~;~~
~~
..
„,
witness ;mp hand 'and of~ficia~ aenl '~"~"""`~ ""~~"`r"`' ~"~~`~"~"~""~"i°~'~
~~~
r'
My commiasian a _,_-~'~
~ ~ , .;~
iP " ..
¢ ~,. G ~ .' • . .. '~
a >
STkTE DDGCI ~ ~ ~'~~ : ~ ~ r ,,, "e~'J~ d ~'
w...,, ~~ , ,~ .~ ~~, .a. " ~.
~ ,.
z jo~ig3o26 "re' ~^~' Ay~~~a 5
i { 9Ct 2 719BB
....~~.,
L -~''' .~ ~°1no ~
..'.~. .. .... "' lPo VMk~,. ~4
,M,~
URTIS
~~SSOCIATES
May 8, 1989
Ms. Cindy Houben
Pitkin County Planning Office
130 So. Galena Street
Aspen, CO 81611
Re: Shaffer Property Low Impact Subdivision Application
1. Existing Homes Legally Recognized
2. 35 Acre Subdivision Plat
Dear Cindy,
This letter is to provide background information on the above
referenced items.
Existing Homes Legally Recognized
The property has two existing homes which are legally recognized
by Pitkin County per the attached letter from Tom Smith, April
30, 1986. I do not know any of the history of the residences,
but will be happy to follow-up on any questions as best I can.
35 Acre Subdivision Plat
In 1982 a 35 acre subdivision plat was recorded (Plat Book 13,
Page 34) and thereafter amended (Plat Book 14, Page 35) for the
property by the then current owners; Alan Shaffer (50$) and
Donald Ensign/Susan MacMichael (50$). Neither plat is signed by
the BOCC and the most current Amended Plat is attached for your
reference. In 1988 Alan Shaffer .bought-out the Ensign/MacMichael
50$ interest taking title as The Shaffer Group, Inc. Retirement
Trust (Book 576, Page 873). For purposes of the Low Impact
Subdivision application, the property is considered under one
ownership and merged.
As best I can tell, neither of the above items directly impact
the Low Impact Subdivision application, but I wanted to give you
background information on the items for your files. Again, I
will be happy to follow-up on any questions as best I can as I
was not involved in the history of the property.
S
~~ «d
m Curtis
JC/b
Enclosure
117 South Monarch Street Aspen, Colorado 81611 303/920-1395
~__
,. ~,n,~. ~~ . ~ ~~ ~~
- .
!J 4'
MAY 21986.
pitkin caur~ty
.KEVIN !,. PA7fi;Clt. P.(;
506 east main street
aspen, Colorado 81611
(303)920-1223
April 30, 1986
Kevin L. Patrick, Esq.
Suite 200
106 South Mill Street
Aspen, Colorado 81611
RE: Sirpos Ranch
,Dear Kevin:.
I have completed my investigation regarding the applicability of '
the County's growth management requirements to the contiguous
parcels of land known as the Sirpos Ranch.
The original house, built in approximately 1973, is exempt from
growth management requirements. since it was constructed prior to
their implementation. 'The barn which was converted to a single-
.- .family residence in May 1982, should have been subject to the
requirement for a growth management allocation prior to the
conversion.' However, for reasons that are not clear, a building '
permit was issued for this construction. Accordingly, the County
recognizes the second residence on the property as a legal use
exempt from growth management requirements...
Any construction on the Sirpos Ranch property, other than the two
existing residences referred to above, will require a growth
management allotment from the County prior to issuance of a
.building permit.
This letter is not intended to address other land-use requirements
that may be applicable, and does mot constitute a waiver of
applicable requirements. of the Pitkin County Land Use Code.
Very truly yours,
d~~
Thomas Fenton Smith
County Attorney
,.TFS:cd
cc: Alan Richman, Planning Director
Peggy Seegers, Building Department
_^ .
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V~llld 1~ CCU 1041 Mai
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1
APPLICATION SUMMARY
This application is for the following:
1. Low Impact Subdivision General Submission review
2. 1041 environmental review
3. Lot line adjustment for the existing 2 residences
The Shaffer Property is approximately 220 acres located in Pitkin
County along East Sopris Creek Road as shown on the maps on the
following pages. The property is zoned RS-30 PUD (1 unit/30
acres) permitting 7 units allowed by zoning. The property has 2
existing units. The Shaffers' propose to subdivide 2 new
free-market lots in accordance with the Low Impact Subdivision.
The total of 4 units for the property (2 existing + 2 new) are
summarized below:
Lot 1 - Existing Shaffer house 53 acres
Lot 2 - Existing 2nd house 38 acres
Lot 3 - New homesite 50 acres
Lot 4 - New homesite 79 acres
Total 220 acres
The proposed Low Impact Subdivision is consistent with the plan-
ning guidelines of the Down Valley Comprehensive Plan. The
property has a mix of AWR and RR lands and the new homesites are
located in the RR lands. The high wildlife land and visually
sensitive land along East Sopris Creek Road are proposed to be
density deed-restricted. The .total property is overlaid with the
Scenic Foreground designation and the new homesites have been
located to minimize their visibility from East Sopris Creek Road.
LOW IMPACT SUBDIVISION bESCRIPTION
The 2 new homesites are clustered on the edge of the back pasture
of the property to minimize their impact. The homesites are
located outside any critical wildlife habitat, irrigated meadows
or agricultural lands. The homesites have been located to
minimize their visibility from East Sopris Creek Road. Homesite
#3 is located on the northern edge of the pasture among stands of
large scrub oaks which will help screen the homesite. Homesite #4
is located on the western edge of the pasture above the upper
irrigation ditch in a gently rolling sage/grassland pocket. The
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homesites will have roughly the same visibility from East Sopris
Creek Road as most of the existing homes scatterd along the road.
Access to-the homesites is off the driveway to the existing homes.
The new driveway will follow the uphill edge of Dry Creek (uphill
of the wet/willow area) in order not to divide the existing
pasture land. The driveway will then turn westerly along an
existing fence line again in order not to divide the existing
pasture land. The new driveway will be gravel 14'-16' in width in
accordance with County Driveway Standards. Under the currently
adopted County Road Standards, the common portion of the existing
driveway serving all 4 homesites would be required to be widened
to a 20 foot Country Access standard. The applicant is willing to
do this, but feels this is an appropriate design standard for a
low use driveway and believes a 16' driveway is more appropriate.
Water for the homesites will be individual wells as described in
the engineering report by Schmueser, Gordon, Meyer, Engineers, in
Appendix 1. It is the engineers' opinion individual wells should
supply an adequate quantity and quality of water. Final water
plans and test well results will be reviewed by Bob Nelson,
Environmental Health Officer, before any building permits are
issued as a standard part of the building permit review procedure.
Given the low-density of the homesites, fire protection is propos-
ed to be handled on an individual homeowner basis. Covenants will
...require the homeowner to install fire and smoke alarm detectors,
:.multiple fire extinguishers and a water holding cistern with
standpipe or an in-house sprinkler system.
The homesites will have individual sewage disposal systems.
Underground electric and telephone lines will be extended from the
lines servicing the existing homes in the driveway as described in
the engineering report by Schmueser, Gordon, Meyer, Engineers, in
Appendix 1.
LOW IMPACT SUBDIVISION SUBMISSION CONTENTS
la. The applicant feels the application complies with Section 6-1
of the Land Use Code as being a Low Impact Subdivision.
2a. The applicant feels the application complies with the Low
Impact Subdivision Development Guidelines as follows:
A. Locational Site Planning
The new homesites have been clustered on the edge of the
back pasture of the property and located outside any critical
3
wildlife habitat, irrigated meadows or agricultural lands. The
homesites have been located to minimize their visibility from East
Sopris Creek Road.
B. Visual Site Planning
The homesites have been located off the higher more
visual uplands of the property and not direclty boarding East
Sopris Creek Road to minimize their visibility. The homesites
will have roughly the same visibility from East Sopris Creek Road
as most of the existing homes scattereed along the road.
C. Agricultural & Wildlife Interference
The presently irrigated- pastures are used as horse
pastures and will continue to be used as same. The water rights
shall be allocated and conveyed with the pastures to permit
continued irrigation. The specific water rights allocation and
conveyance shall be set forth at Final Plat. Reciprocal
irrigation ditch and ditch access easements shall be granted among
the lots and shall be set forth at Final Plat.
A copy of the plan has been submitted to Randy Cote,
Division of Wildlife. Applicant will commit to kennel and leash
dogs, and restrict fencing to comply with DOW wildlife standards
of not to exceed 42" high and have a 12" upper strand kick space.
D. Priority Preservation Lands
The applicant has deed-restricted the high wildlife land
and visually sensitive land along East Sopris Creek Road as
follows:
Lot #1 - 7 acres front pastures
#1 - 23 acres upland wildlife
Lot #3 - 50 acres total lot
Lot #4 - 79 acres total lot
along East Sopris Creek Road
lands
159 acres total
The applicant has deed-restricted 9 acres more than the
150 acres required under the Low Impact Subdivision.
2b. The applicant feels the subdivision meets the general poli-
cies and regulations of the Land Use Code because the
subdivision is consistent with the intent and planning
guidelines of the Low Impact Subdivision.
__
4
1041 ENVIRONMENTAL REVIEW
Geology. brick Lampiris, Ph.D., Geologist, has inspected the
property and his report is given in Appendix 2. Nick states the 2
new homesites are buildable and has recommended standard
construction and drainage practices which shall be set forth in
the covenants.
Wildlife. A copy of the plan has been submitted to Randy Cote,
Division of Wildlife. Applicant will commit to kennel and leash
dogs, and restrict fencing to comply with DOW wildlife standards
of not to exceed. 42" high and have a 12" upper strand kick space.
Wildfire. Per the CSU
potential wildfire area
understory growth. Cov
guidelines as outlined
Rural Homeowners," J.
Service, 1988.
map, the 2 new homesites are located in
due to the surrounding grasses, sage and
enants will reference the wildfire safety
in the "Wildfire Safety Guidelines For
Bruce Coulter, Colorado State Forest
Other 1041 Items. No other 1041 items impact the homesites, i.e.
floodplain, snow avalanche, etc. per a review of the 1041 CSU
maps.
LOT LINE ADJUSTMENT
A Lot Line Adjustment between existing homes #1 and #2 is
requested under Section 4-2.2 of the Land Use Code. In 1982, a
plat for the property was recorded which divided the 220 acre
property into 6-35 acre tracts. The plat is not signed by the
County Commissioners, but per my understanding, does create
legally recognized 35 acre parcels for the two existing homes. As
part of the Low Impact Subdivision application, the applicant
wishes to adjust the previously platted lot lines between the
existing homes to better work with the overall subdivision
lotting. Specifically, the adjusted lotting is requested so that
the northern front pasture along East Sopris Creek Road can be
deed-restricted as part of the subdivision to better fulfill the
priority land perservation guidelines of the Low Impact Subdivi-
sion. The Lot Line Adjustment does not create any increased
density or development rights for the property. Supporting
background information concerning the prior 35 acre platting of
the property has been submitted to the Planning Office
separately.
5
MISCELLANEOUS GENERAL SUBMISSIGti 3'C'EA1S
A. Proof of Ownership. The property is owned jointly by Alan
and Sally Shaffer (50~) and The Shaffer Group, Inc. Retire-
ment Trust (50$). Per this application, the property is
treated as merged under a single ownership. Title Commit-
ments and the Chain of Title showing proof of ownership have
been submitted to the Planning Office separately.
B. Adjacent Property Owners. See Appendix 3.
C. CSU 1041 Maps. Submitted to the Planning Office separately.
SCHMUESER GORDO~EYER INC. 15Gfand Avenue,Suite 212
Glenwood Springs, Colorado 81601
(303)945-1004
April 25, 1989
CONSULTING ENGINEERS 8
Mr. Jim Curtis y
Curtis & Associates APPENPIX_
ii7 South Monarch Street
Aspen, CO 81611
RE: Low Impact Subdivision Otility Analysis
Shaffer Property, Pitkin County, Colorado
Dear Jim:
The purpose of this letter is to discuss the utility service to the
above-referenced property. The property proposed for subdivision is
located on East Sopris (Peek Road. The property has two existing
houses, and two new homesites are proposed.
POTABIE i~1TER
The two new homesites are proposed to be served by individual wells.
Based upon our discussions with the local well drilling companies and
analysis of available geologic mapping, it is anticipated that the
wells will be in excess of 200 feet and completed in the local bedrock
formations. These bedrock formations can be anticipated to yield on
the average of 5 to 15 gpn and have a water quality which meets all the
mandatory parameters. The water from bedrock formation tends to be
hard and high in total dissolved solids and each individual lot owner
will probably elect to provide softening treatment on the incoming
waterline.
From a fire protection standpoint, it is recommended that each individ-
ual lot owner install a residential fire orotection system for his
unit. This could either be a cistern with stand pipe and hose connec-
tion or an in-house sprinkler system. It is our opinion that, for this
type of developnent, it is as important, if not rtare important, to have
immediate response capabilities as opposed to a system which provides a
more traditional municipal type of water storage situation. These
individual systems are compatible with small well yield and provide the
immediate response with backup supporting response from the Basalt
Rural Fire Dezaartment.
SA1!1ITARY SEWAGE DISPCfiAL
Both residences would be served by individual sewage disposal systems.
Soils on the sites do not allow a definitive statement to be made about
the type of individual system that may be appropriate. Because of the
large area available for disposal systems, we feel that standard sys-
tems will probably be developed. It is anticipated that any restraint
would be percolation rate as opposed to high groundwater or bedrock
conditions. If a standard system could note be constructed, there is
nothing on either site which would preclude installation of an engi-
neered system, either a Wisconsin mound or evapo-transpiration type
system.
April 25, 1989
Mr. Jim i'.arca
Curti:. & Associates
Page two
ELECTRIC iTPILITY
Holy Cross Electric is the utility ~mpany of record. Electrical serv-
ice is available to the two existing homes at present. Electrical
service to the two new lots would be underground in the driveway and
would be a standard system service extension.
TEIEPHONE DTILITY
The utility company of record is U. S. West Communications. There is
telephone service available to the two existing homes at the present
time. Telephone service to the two new lots would be underground in
the driveway and could be a standard system service extension.
O'1'AII2 UTILITIES
Natural gas and TV cable utilities are riot available to this property
at the present time.
In summary, we do not foresee any unusual utility service reauirements
for the two new homesites. Water and sewer utilities will be provided
by drilled wells and individual sewage disposal systems, respectively.
The water and sewer facilities will be typical for rural single-family
residences.
Electric and telephone utilities are in place for the tc~o existing
homes and would be extended underground in the driveway for the new
homesites.
I trust the above is sufficient for your immediate needs and to satisfy
the Low Lnpact Subdivision submittal requirements. I will remain
available to provide additional input as required.
Respectfully submitted,
SCHMUESER OJRDON MEYER, INC.
E.
DATE RECEIVED: 5 11 8
DATE COMPLETE- J
PROJECT
ect Address: 2053 E_
APPLICANT:
Applicant
REPRESENTATIVE:
Representative
PARCEL ID AND CASE NO.
---
PAID: YES NO AMOUNT: 51,450.00 NO. OF COPIES RECEIVED: _
~ \
s~~~
TYPE OF APPLICATION~~:. 1 STEP: 2 STEP:
P&Z Meeting Date ~~ PIIBLIC HEARING:. YES..... NO
VESTED RIGHTS:... YES NO
BOCC Meeting Date PUBLIC HEARING: 'YES "NO
VESTED RIGHTSc YES NO
Staff Level: 1041 Minor Hazard Review:.. Date of Approval
-
REFE -------
.Attorney Aspen Consol S.D. School District
Engineer Mtn. Bell Rocky Mtn Nat Gas
Housing Holy Cross State Hwy Dept
Aspen Water Fire Marshall (Glwd) (GrJtn)
Envir. Hlth. Snowmass Vll ~ Zoning
` /Manager FAA CO Geo. Survey
~[ Div. Wildlife ~/ISiv. Water Res. USFS (Aspen)
Caucus _'USFS (Carbondale)
Other:
DATE REFERRED: S INITIALS: ~~
FINAL ROUTING: DATE ROUTED; C0 ~ f C? INITIAL: (~"
County Attorney County Engineer Zoning
_ Housing Envir. Health
Other
FILE STATUS AND LOCATION:
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CLERK & RECORDER