HomeMy WebLinkAboutpitkin.planning.246528401006DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P&Z
Ordinance for the BOCC and/or P&Z
Determination for the Hearing Officer
Administrative Determination-
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat copies (11x17)
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MEMORANDUM.
TO: File
FROM: Mariano "Buddy" Lucero, Planner
RE: Ensign 1041 Minor Hazard Review
DATE: February 17, 1989
ISSUE: The .applicant, Don Ensign, submitted a request for a 1041
Minor Hazard Review for Lot 2 of 8opris Mountain Ranch
Subdivision. The property is vacant and' consists of
approximately 39.58acres zoned RS-30. The 2 acre building
envelope is accessed by a driveway that will be setback 100 feet
from a existing dirt road. The proposed single-family residence
will be serviced by on-site water well and septic along with
underground electricity.
FINDING:
1) The building envelope and driveway access is located out of
any 1041 Hazard areas..
2) The property is within a plated subdivision called Sopris
Mountain Ranch Subdivision.
3) The applicant has provided a site plan for sign off and
title information on the property.
4) The applicant has provided a letter granting permission from
the owner to complete a minor 1041 .
RECOMMENDATION: Based on the previous findings, Planning staff
recommends approval of the Ensign 1041 Minor Hazard Review and
recommends that the Planning Director sign the 'site plan.
MJL:ds
1041.ensign
~, January 23, 1989
Aspen-Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Sopris Mountain Ranch; Parcel 7; Don Ensign 1041
Application
Dear Planning Office:
Mount Sopris Ranch Joint. Venture No. 4 is the record owner.
of Parcel No. 7 of the Sopris Mountain Ranch, the legal
description of .which was `set forth fully in Book 310 of
Page 56 and described as a part of Tract 77 and Lot 2 in
Section 33 and also, in part of Section 28 and 33, Township
8 South, Range 87 west of the 6th P.M. by virtue of a
Special Warranty Deed from Hawaiiana Modular Company, Inc.,
dated September 6, 1979 and recorded in Book 376 at Page
701.
The undersigned joint venture hereby grants permission to
Don and Jody Ensign, as the holders of an equitable
interest in such. property by virtue of a contract to buy
and sell real estate, to process an application for a
single-family home on such property under the 1041
regulations found in Section 5 of_the Pitkin County Land
Use Code.
MOUNT SOPRIS RANCH,JOINT VENTURE NO. 4
DAVA(N'A~, a Colao~ra~~do limited partnership
~~lt, '~
Dan Spenc r General Partner lick "' ~a~,
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TRUESDELL-LEWIS SOPRIS PARTNERSHIP
T. Bruce Truesdell, General Partner
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--~' Legal Description`- Tract to be removed from Parcel #31 and added to Parcel #7
.. <.. .:, . ,.. a
A tract of land situated in Parcel #31, Sorpis Mountain Ranch, Pitkin County,
Colorado, said Parcel #31 being described in Book 341 at Pege 252 of the records
of the Pitkin County, Coloradd Clerk and Recorder, said tract of land being more
particularly described as follows:
Beginning at the corner common to Parcels,#7, #30 and #31 of said Sopris Mountain
Ranch; thence along the boundary line common to said Parcels #7 and #31 on the
° ~ feet along the arc of a
following courses: N 10 40 E 25.36 feet; thence 256.55
498.22 foot radius curve to the right, the chord of which bears N 25°25'06" E
253.73 feet; thence leaving said common boundary line on a course bearing S 37°
09' E for 103.85 feet to a point on the centerline of a 60 foot wide road ease-
ment as built and in place; thence along said road easement centerline on the
following courses': 68.95 feet along the arc of a 357.70 foot radius curve to
the right, the chord. of which bears S 41°08'27" W 68 84 feet; thence S 46°39'
,~,
~~ ary line common to said Parcels #30 an
#31;Wthence along said pommonoboundabyulane 3.79 feet along the arc of a 255.78
foot radius curve to the left, the chord of which bears N 80°23'05" W 3.79 feet
to the point of beginning, containing 0.40 acre more or less.
Lines in Space
P.O. Box 121
Carbondale, Co. 81623
6 December 1988
J
_. ... .,..:: ~ .,:.. .. :: n.. _. ra w.:w.., v: ,..„.. F v, o- ':.. +..FY ~. _.... <. .< 3^A.. n. ... .fir..
Legal Description - Tract to be removed from Parcel. #7 and .added to Parcel #31
A tract of land situated in Parcel #7, Sopris Mountain Ranch, Pitkin Cpunty,
Colorado, said Parcel #7 being described in Book 310 at Page 57 of the records
of the Pitkih County, Colorado Clerk and Recorder., said tract df land being
more particularly described as follows:
Beginning at the most Southerly Corner common to said Parcel #7 and Parcel #4 of
said Sopris Mountain Ranch; thence along the Southeasterly boundary line of said
Parcel #7 40.67 feet along the arc of a 498.22 foot radius curve to the left,
the chord of which bears S 42°30'32" W 40.66 feet; thence N 37°D9''W 440.30 feet;
thence N 52°51' E 40.00 feet to a point on"the boundary line .common to said Par-
cell #4 and #7; thence S 37°09' E 433.00 feet along said common boundary line to
the point of beginning, containing 0.40 acre more or less.
Lines in Space
P.O. Bax 121
Carbondale, Co. 81623
6 December 1988
,,
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The Pri nl oA porlionn of ILix I'nnn nVpnrreA Ir, tlw
Calorndo Real FSlate Commission(SC 2fi-2-eU
THIS IS A LEGAL INSTRUMENT. IFNOT UNDERST000; [f6A4 TAI(ONOT(IEA COUNSEL SNO~ULD BE ~`ONS'~CTEb"bFCdR~E ShGN")AG. ~ ~ ~ ~ ~ ~ `
VACANT LAND
CONTRACT TO BUYAND SELLREAL ESTATE
(Seller's remedy limited to Liquidated Damages)
November 11 ,19 gg
1. The undersigned agent hereby acknowledges having received from DON and JODY ENSIGN
the sum of$ 10, D~0. DD ,in the fm•ln of _a Ch•e Ck
,to be held by Joseph E. Edwards, Jr_in his
mix'ojcer-i'n'broln'x'+srserov~or trustee account, as earnest money and part payment for the following described real
estate in the .County of__PiLlc.in_ ,Colora<hi, to wit: Parcel 7 of the
Sopris Mountain Ranch as described in Book 310 at Page 57 described as a part of
Tract 77 and Lot 2, Section 33, and a part of Section 28, Township 8 South,
Range 87 West o£ the Sixth Principal Meridian, more fully described on Exhibit A
attached hereto, _
together with all easements and rights of way appm•tenant thereto, all improvements thereon and all fixtures of a
permanent nature currently on the premises except as hereinafter provided, in theirpresenf condition, ordinary
wear and tear excepted, and hereinafter called the Property.
2. Subject to the provisions of paragraph 17, the undersigned person(s)
(as joint tenants/tenants in common), hereinafter called
Purchaser, hereby agrees to buy the Property, and the undersigned owner(s), hereinafter called Seller; hereby agrees
to sell the Property upon the terms and conditions statedhereih.
3. The purchase price shall be U.S. $_1$Oa OOQ,_Q~, payable as follows: $~O~.Q.QQ~Q~ hereby receipted for;
and the balance in cash, certified or wire transferred funds at closing.
During the period of this contract, purchaser intends to prosecute a 1041 review
for asingle-family residence on Parcel 7; and, in Purchaser's discretion, Pur-
chaser-may extend closing hereunder until completion of such review provided that
in no event. shall closing be extended beyond July 1, 1989. Purchaser shall dili-
gently pursue the 1041 application at his expense. In the event Purchaser is un-
able to obtain approval for construction of a residence, the Purchaser may
declare this contract void, at his option, and obtain the return of his earnest
money. Further, Purchaser intends to obtain at his expense a permit and pay for
the drilling of an exempt domestic water well on Parcel 7. In the event Pur-
chaser after diligent attempt is unable to locate a water well providing a well
of satisfactory quaxltity and .quality for asingle-family residence, Purchaser
may declare this contract null and void and obtain the return of his earnest
money.
-i--Prreekvi»rk+de:
and the followingwatcrr;ghts: None except through a participation in the homeowners`
association.
__,_,__
apply for such loan, (b) execute all dilcummlts and furnish iillinfmmlation anal docu lnents 1 equired by thylen'li er, and
(c) pay the customary costs of obtaining such loan. Then i?'suehlnan ;snot approved on or before,,.,.,.
19_, or if so approved but is not available at time of closing, this contract shall be nulltltrd void and all payments and
things of valise received Hereunder shall be returned to Purchaser. ~'~
6. If a note and trust deed or mortgage is to be assumed, Purtbasrei• agrees to apply for a loan assumption if
required and agrees to pay (1) a loan transfer fee not to ex~erd~$''~ and (2) an interest rate
not to exceed % per annum. If t})alb n to be. assumed has provisions for a shared equity or variable
interest rates or variable payments, thi~s.eofi~i•act is conditioned upon Purchaser reviewing and consenting to such
provisions. If the lender's cons~y6to a loan assumption is required, this contract is conditioned upon obtainingsuch
consent without chax~n'$rie terms and conditions of such loan except as herein provided.
7. If a n~-iS~o be made payable to Seller as partial or full payment of the purchase price, this contract shall nut
be ~gsigfiable by Putchaser without written consent of Seller.
_ -~BrEentrofeteiYzrpps•eeiK•eFfar•kltl+t-peiey3e>He+t.te~besbkl+l+a~7K}ftevrb}sis~ee£c~«~le}Fire•tr.o-id•]+y~___________________
Nu.S("l(i-'l-H 1. i•om .r,r to ltn.onn a,aa Ilta:,i,: r~ it o~ir
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I .. 11~~rJ I'r 11 Ilur r'n_: ._ AC, rryh:Ac. I.h rc~,.6Lr I. d~~Hnal r r._:,:; roan rx> ~'
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9. Amsby~raetaEtitlrko-t}re-&apertg,-e4r-tilled-trn}~~e-07.-, current commitment for title insurance policy in a^
amount equal to the purchase price; at Seller's option and expense, shall be fu i•nis}ied to Purchaser on or before
OCtOIJer 1S ,19$$.If Seller elects tofurnishsaid title insurance commitment, Seller will
deliver the title insurance policy to Purchaser after closing and pay the premium thereon.
1 ~ The date of closing shalll be the date for delivery of deed as provided in paragraph I1. The hour and place of
closin hall be as desi *nated b Seller
11. Title shall be merchantable in Sellex•, except as stated in this paragx•aph and in paragraphs 12 and 13. Subject
to payment or tender as above provided and compliance by Purchaser with the other terms and provisions hereof,
Seller shall execute and deliver a good and sufficient .geneYal. -warranty deed to Purchaser on
February 1 , 19 89 , oxa by mutual agreement, at an earlier date, conveying the Property free and
clear of all taxes, except the genera] taxes for the year of closing, and except none-
free and clear of all liens for special improvements installed as of the date of Purchaser's signature hereon, whether
assessed ox• not; free and clear of all liens and encumbrances except patent and mineral reservations
recorded in Book SS ~t Pa-e's 42, 43' 49, 69, 160 and 278; Book-162 Pa e 420•
Book 162, Page 436; .,ook X62, Page ~24; Book 178, Page 436; Book 3~3, Page 3~7,,~
they may affect such property,
exoept the follotvipR'restrictive covenants which do notcontain a right of reverter:
Pagea748,oandfFirsteAmendmentetonDeclaraDioncof1ProtectivemCovenants~in Boo~C 551,
Pa~e 259
an except t~iefoliowingspecific recm•ded an<Uor apparenteasements: Road l61 as deshribedin
ExhiUit D of the. Declaration of Protective Covenants. and .Dedication of Easements
including H.B. 1041 review (migration, S.E: corner
and subject to building and zoning regutat,ons./.wildfire and area in middle. exceeds 30% slope)
12: Except as stated in paragraphs ll and 13, if title is not merchantable and written notice of defect(s) is given by
Purchaser or Purchaser's agent to Seller or Seller's agent on or before date of closing, Seller shall usereasonable
effort to correctsaid defect(s) prior to date of closing. If Seller is unable to correct said defect(s) on or before date of
closing, at Seller's option and upon written notice to Purchaser or Purchaser's agent on or befox•e date of closing, the
date of closing shall be extended thirty days 1'm• the put pose of correctingsaid defect(s). ExcepC as stated in paragraph
13, if title is not rendered merchantable as provided in this paragraph 12, at Purchaser's option, this contract shallbe
void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and
things of value received hereunder shall be returned to Purchaser.
13. Any encumbrance required to be paid may be paid at the time of settlement from tl'ie proceedsof this
transaction or fi'om any other source. Provided, howevex•, at the option of either party, if the total indebtedness
secured by liens on the Property exceeds the purchase price, this contract shall be void and of no effect and each party
ereto shall be released from all obli lions hereunder and all payments and thingsof value i~ec
ga eived Gereunder shall
be returned to Purchaser.
14. General taxes for the year of closing, based on the most recent levy and the most recent assessment, prepaid
rents, water rents, sewer rents, FHA mortgage insurance premiums and interest on encumbrances, if ang and
• - shall be apportioned to date of delivery of deed.
lb. Possession of the Property shall lie delivered to Purchaser on C1091ng
subject to the following ]eases or tenancies: annual ranch-wide grazing rights and haying right
except for the five--acre building envelope as defined in the Declaration.
16. In the event the Property is substantially damaged by fire, flood orother casualty between the date of this
contract and the date of delivery of deed, Purchaser may elect to terminate this contract; in which case a]] payments
and things of value received hereundershall bereturned to Purchaser
17. Time is of the essence hereof: If any note or check received as earnest money hereunder or any other payment
due hereunder is not paid, honored or tendered when due, or if any othex• obligation hereunder is not performed as
herein provided, there shall be the following remedies:
(a) IF PURCHASER IS IN DEFAULT, then al] payments and things of value received hereundex• shallbe
forfeited by Purchaser and retainedon behalf of Seller and both parties shall thereafter be x•eleased from all
obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and
(except as provided in subparagraph (c)) are the SELLER'S SOLE ANb dNL3''12ENI~D~"for t•he~ Purcliaser's~
failure to performthe obligations of thiscontract.Se]]er expressly waives the remedies of specific performance
and additional damages.
(b) IF SELLER IS IN DEFAULT; (1) Purchaser may elect to treat this contract as terminated, in which case
all payments and things of value received hereunder shall be returned to Purchaser and Pxirchasex' may recover
such damages as may be proper,or (`L) ['u rehaser may elect to treat this contract as being in full force and effect
and Purchaser shall have the right to an action for specific per fm niance ox dainat;~es, or both.
(c) Anything to the contrary herein notwithstanding,in the event of tiny litigation arising aut of this
contract, the court may award to the px evading pax ty all reasonable costs and expense, including attorneys' fees.
18. Purchaser and Seller agree that, in the event of any controversy regardingthe earnest money held by broker,
unless mutual written instruction is received Gy broker, broker shall not be required to take any action but may await
any proceeding, or atbroker's option and discretion, may intei•plead any moneys m• things of value into court and may
recovex• court costs and reasonable tittdrneys' fees.
• ~, ' ~..
3
19. Additional provisions:
a. Seller shall provide underground electric and .telephone lines to
IParcel.7.
b. Seller shall have a survey of Parcel 7 prepared by a licensed sur-
veyor aEa-pa~ekase~!s-e~~ease, and a representative of the homeowners' association
and purchaser shall define the five-acre building envelope' thereoh, subject to the
approval of the $oard of the Sopris Mountain Ranch Homeowners' Association.
c. The parties acknowledge that the property is now subject to a deed of .
trust to C. Brewer Properties, Inc. (successor to 1lawaiiana Modular Co., Inc.)
recorded in Book 376 at Page 704. Seller shall proceed with arrangements to
obtain a partial release of Parcel 7 from such deed of trust utilizing part of
proceeds from the closing hereof. In the event the partial xelease is not
available by closing, a reasonable continuance may be had or parties may close
into escrow pending receipt of such partial release.
d. Allow purchaser access to the land to drill a well, divert an irrigatio:
ditch and grade the building site after association approval of plans.
e. Seller to deliver to purchaser an access easement or title to the land
between the south property line and the existing road to Norm Clasen's house.
20. If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before
19, this instrument shall become a contract between Sellei• and Pux•chaserand shall
inure to the benefit of the heirs, successors and assigns of such parties, except as stated in paragraph 7.
Broker NONE
r~"~~~^~_' DON ENSIGN rn,e<
' JODY ENSIGN
By:
Purchaser's Address 710 East Durant Avenue, Aspen, Colorado 81611
(The following section to he completed by Seller antt~hiatixag-Aypeny
'Ll. Sellox accepts the above proposal this _. ~... _. dxty of _ __~Qt/ ~i!2 $,~~~.._..__.._ , I!1 ~8; and-reK•wec~:
~e•gay-aee+xrr++eetoa-o€----------~-0€the-pix~kase-px•ioe-€ez-,ser:uieee~iadAic.ta::~u~;~~kiwa,aad agrees that, in the
event of forfeiture of payments and things of value received hereunder, such payments and things of value shall be
divided between listing broker and Seller, one-half thereof to said broker, but not to exceed the commission, and the
balance to Seller.
AVANA, INC.
scnc~ DAN SPENC~ s~u~,~
Seller's Address Box 3676, Littleton, Colorado 80161-3676
Listing Broker's Name and Address
NONE
I:i:'.111:7T "/1"
Fii~i.~cd~
A }:>arcc]. of land } ~ i.n<r part. ot- 'loci. 77 ar~~l Ir~t1, ;;ect.i.on
i
33 and being ].or.aL-cd i.n Scction:> 28 an<i 33, 'I'own~hip 8 South,
Range 87 [•7est of the 6th Princi}'gal }~'er:idian. Said parcel
is more fully described as follows: beginning at a point
whence T~. P. 1 of said `Tract 77 be<rrs N 8° 48' 26" E. 1243.15
it.; thence N 89° 45' E 370.00 ft.; thence 5 37° 09' E 1354..42
ft.; thence 297.22 ft. along a curve to the left having a
radius of. 498. 22 ft. (the chord of which bears S 27° 45'26"
SST 292.84 ft.); thence S 10° 40'~W 25.36 it.; thence 219.3Q
ft. along a curve t-o the left having a radius of 255.78 ft.
(the chord of which bears S 74° 37' 43" W 212:64 ft.); thence
`~-- S 5U° U4' S•i 248.63 ft.; thence 100.00 ft. along a curve to
the right having a radius of 380.28 ft.; thence S 65° O8'
~{~7 391.06 ft.; thence t7 9° 46' E 9°0.90 ft.; thence West
1830.00 ft.; thence N 60° 31' 4&" E 1666.01 ft.~to the
point of beginning: Said parcel. contains. 39.58 acres more or
less. '
~:
:.., r . ,,
CASELOAD ~~~ SHE~T~ ,.. ~,~z . ., o-., aP o
Pitkin County K-a o~
DATE"RECEIVED. `1/5789 - o~
PARCEL I~A~ND CASE NO.
DATE COMPLETEd` 2465-284-01-006 OlA-89
STAFF MEMBER`-
. PROJECT NAME': `Erisi.... _ . _
gn 1041 Minor. Hazard Review
Project Address SODr1S Mountain Ranch Lot 7
,.
APPLICANT; bon Ensi n _.
~,. ,~.,. ,~ ~~ ~. ~..,~.i.,. ,,, a
Applicant Address: 710 E: Durant As en CO 5-8355
REPRESENTATIVE: Same _ _
Representative Address/Phone:
PAID: YES` NO " AMOUTJT v"i $100.0'0 "270. ~ OF COPIEu"REC'EYVEDc ~ ,~i.~-
TYPE OF APPLICATION: 1 STEPS 2 STEP:
P&Z Meeting Date PUBLIC HEARINGt YES NO
VESTED RIGHTS: YES NO
BOCC Meeting Date PIIBLIC HEARINGe YES NO
VESTED RIGHTS: ...:.YES NO
Staff Level: 1041 Minor Hazard Review: Date of Approval
REFERRALS: -----____
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"
Envir. Hlth. Snowmass Vill ( ) (GrJtn)
Manager FAA- Zoning
Div. Wildlife I)iv. Water Res. CO Geo. Survey
Caucus Other: USFS
DATE REFERREDe' _ INITIALS: _
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