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HomeMy WebLinkAboutpitkin.planning.246536300010DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING O~RD~R ` ~~~ Summary Sheet ', Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z i Determination for the Hearing Officer ', Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan I Miscellaneous Plat copies (11x17) II _.. _. .,. ~ ~ - . ~ .. ~ 5~e PAGE~~~ ~i RESOLUTION OF THE PITKIN COUNTY P7~-NNING AND ZONING COMMISSION i i GRANTING 1041 ENVIRONMENTAL,HAZARD APPROVAL TO THE PAAS 1041 c C'7 0 ~ APPLICATION. ', ~ r ~ ~ ~ "- Resolution_No. PZ-88-~ w ? Q7 ~ ~~ c ', CO ~ ~ M >z -~ U ~ ~REA~ Leroy Paas (hereinafter "Applicant"), has applied C"7 Y m to the `a~lant~i.ng and Zoning Commission of Ptkin County, Colorado (hereinafter "Commission") for approval of a 1041 Wildlife,! Wildfire and Geologic Environmental Hazards Areas pursuant td~ Section 5-400 of the. Land Use_Code; and WHEREAS, the Applicant is planning to construct a single family house on a parcel of approximately 39.9 acres located~~ three miles south of Emma in the southwest_,1/4 of section 36,! more specifically described in Exhibit "A"; and. WHEREAS, the Commission. heard this_ application at_ a d noticed public meeting on November 8, 1988, at that t evidence and ..testimony was presented with respect to th application; and WfU;REAS, the Commission finds that the applicant complied with the criteria for a 1041 :Wildlife, Wildfire Geologic Environmental..Hazards..Area; and NOW, THEREFORE, BE IT RESOLVED by the Commission .that does hereby grant 1041 Hazard Review approval to the subject to the following conditions: 1 delineatescathe proposed building10envelope andn access! road. I 2. Existing structures on site shall be identified on Site Plan and noted_as accessory buildings which s i { ~. eooK ...586 PacE328 Resolution No. PZ-88-~ Page 2 not be used for human habitation.. ~~ 3 the building envelope identified onlthis site lanithini 4. This Site Plan shall meet the a royal of the Plannin PP g' Office and shall be recorded prior'to issuance of a', building permit. 5. The applicant shall _apply for an Encroachment Permit through the Pitkin County Land Use Engineers office toy, insure that the.. proposed driveway conforms to County'... standards. Issuance of an Encroachment Permit shall bed completed prior to building permit approval.- ~~ 6. Pitkin. County shall not be responsible for. maintenance'', of the access road to_the Paas parcel. 7. The applicant shall comply with the Environmental' Health. Department recommendations which... are asi follows: a. Sewage disposal system shall. be designed to meetl, the Pitkin County Reaulations on Individual Sewage ula ~a.+aat oyaa.caua. b. In addition, a site. specific soils test shall. be II performed as required by the Pitkin County Environmental Health.,. Department. c. Any wood-burning devices installed must. comply' with applicable regulations. 8 made a by 1 RandyshCote a of 1 the1tColoradoeCDi~vsionl~of~, Wildlife. They are as follows:_ ~ a. Dogs kenneled... b. New fencing be restricted to 3 strand 42" high. ', c. Grazing be permitted only in the building' envelope. d. No vegetative manipulation except in building' envelope. APPROVED by the Commission at its regular meeting on' November 8, 1988. ,._ Resolution No Page 3 ATTEST: APPROVED AS FORM:..:. Thomas F. i , county Attorney reso paas APPROVED AS TO CONTENTt ~~""t J~ Alan Richman, ~ Planning Director ', PITRIN COUN'~Y PI~A2INING AND. .- i t-,-- ' PITKIN,000NTY TITLE, inc. Tilte Insurance Company 601 E. Ciopkins pppK 586 PacE330 Aspen, Colorado 81611 i (303)925-1766 EXfiIBIT "A" THE NdiSti a OF SECTION 36, TQWNSNIP 8 SOU1H, RAN(£ 87 WESTOF 'INE SIX2H PRINCIPAL MERIDIAN. ~ COUNiY aF PITKIN,STA1E aF COLORADO N01E: SUBJECI PROPERTY WAS FIRST DESCRIBED AS .ABOVE IN WARRANTY DEED RECORDED DECEtffiER 30,.. 1969 IN 245 AT PAGE 413. -.vim-----~--~.----' ; .. r. _ I . a I MEMORANDUM TO: Pitkin County Planning and Zoning Commission FROM: Ellen Sassano, Planning Office ', i RE: Paas 1041 Hazard Review i DATE: November 8, 1988 BACKGROUND APPLICANT: Leroy Paas REQUEST: The applicant is requesting 1041 Hazard Review approval', for a single family residence `and garage to be constructed. on a' 39.9 acre parcel which contains mapped wildlife, wildfire ands, geologic concerns. The property is located 3 miles south of Emmai in the southwest. l/4 of Section 36 (see attached vicinity map). ZONING• RS-30 • i WATER: A private well has been drilled. _ The State Division ofi Water Resources has issued a well permit. SEWER: An individual septic system is proposed. ACCESS: Access to the site is via an existing private road which intersects East Sopris Creek Road. two miles south of Emma. ~ HISTORY: The subject property was created in 1974 and is one off' approximately sixteen 35+ acre parcels which were created in Section 36. i On June 12, 1978, the Board of County Commissioners denied ark application by Holy Cross Electric Association to extend electric lines to the parcels in Section 36. This Resolution No. 78-39, is attached for your review (see Attachment 1). ', The Dale Paas residence is located approximately one and one half miles north of the current application. The Paas residence received 1041 review and approval by the Board of County Commissioners on May 11, 1981 (see Resolution 81-31- Attachment 2)• ', The Anthes residence is located on the lot directly to the north of the current application. The Anthes residence _ (Brandt Anthes), received-1041 review and approval from the Planning and Zoning Commission on February 3, 1987 (see Resolution 87-3- Attachment 3). ', n `~ I I REFERRAL COMI~NTS 1) Planning 'Engineer. (see Attachment,,4): In a memorandum dated October 5, 1988, Tom Newland, the County Land Use Engineer submitted the following comments: ', General:. Attached please find my comments with regard to', the 1987 Chuck Brandt submission for single family residence'', on an adjacent lot. As that ro osal is similpap ~ n man respects to this one, much of the omments will a 1 y'' Impact on Road System: East Sopris Creek Rd. (County Rd.' #7) has been recently chip sealed by the county. The impact', of 7 average daily trips to the road system will bed negligible. Internal Road Design and Construction: .The .access road "Section 36" on the Light ranch crosses steep terrain was not approved for placement through the coin subdivision process. However, the road is currently u; for residential access, to one .dwelling unit, and w. conform to County road standards and specifications with proposed additional dwelling unit. However, as the r. ing units in continues to service additional dwell,,,.. future, it .will become more and more unsafe with increased use. The applicant should apply for an encroachment through this office to insure the proposed driveway cc to County standards. Issuance 'of an Encroachment should be completed before building permit approval. Drainage: Placement of a .single family home on acres of land will have negligible impacts on drainage patterns. permi over 39'. existing 2) Environmental Health Department (see Attachment 5): In memorandum dated September 9, 1988, Rick Bossingham of t Environmental Health Department submitted .the followi comments• Sewage Treatment and Collection: Information,,from the soil conservation service maps indicate well drained permeable sewages disposalltsystemrbmay thaveeCto cbeo designedanbytha registered professional engineer to meet the Pitkin County Reaulations on Individual Sewage Disposal'Systems: Adequate Provisions For Water Needs: We have,. no information..... on the availability of water at this site except that the adjacent lot 2 has a functioning well. 2 ii devices. An installed must com 1 with a licable, regulations. T No asignifi a t air qual pyy mpact_ispexpected from the proposal. 3) memoranda mdated October1241i1988s RandytCotesubmitted they, following commentsE Deer and Elk use the Paas parcel in the .Spring ahd Fall and!i all of Section 36 is within a migration corridor. ', To minimize impacts I would;_suggest the following: 1. dogs kenneled 2. fencing be restricted. to 3 3. grazing be permitted only 4. no vegetative manipulation strand 42" high. in the building envelope. except in building envelope. ', STAFF COMMENTS The applicant is requesting 1041 review and approval for they propertytconsi is ofs39+lacresm and ontains mapped 104 1 geol gic, and wildfire hazards and elk and mule deer range. ', i The building envelope is located in a relatively flat, open area', which is free of trees and shrubs and easily accessed off of an, site 1 whichd~wereerthere twhenxl the g appli ants apurchasedalthe~, property. Both structures are quite small and the applicant has, agreed to maintain them as storage units only. Electric Utility extension was an issue that was addressed in_t] Brandt/Anthes case. It was suggested in planning staff comment for that case that, "..Any'additional proposals for developme~ of other Section 36 parcels.. be required to have individu; 1041 reviews with respect to .power line extensions. beyond the parcel." The line that has since been installed by Holy Cross to sere the Anthes parcel is one that is capable of `serving the ent Section 36 "subdivision". It has been extended along an exist road into the Paas parcel. The line has been undergrounded its. installation has created .very little disturbance outside. the roadbed. Tom Newland indicates in his referral comments that the access road to the Paas site currently conforms to County road standards and specifications. However, he notes that "...as the road continues to service additional dwelling units in the future, it n F"~ ~ i will become more and more_unsafe_with.:.increased use.;" landownersnusingo Tte for hamC wners hassooiat onttoaassumee costs' consider formation of a P Y ~ p . _. n_-<_ i . ~ ~..-.., the subdivisionlcontinuesntondevelopd im rovements of the road'if~ In his referral comments, Rick Bossingham of the Environmental, Health Department indicates that "...no information on the availability of water .." has been provided for the site, ~~ A well permit has been issued by the Department of .Natural' Resources and a well has been drilled. The su 1 a ears to be', adequate for domestic use. ,Pp y PP Randy Cote of the Division of Wildlife ..has na property is within a migration corridor and lies wi transitional range between summer and winter range elk. To minimize impacts he suggests the following: 1) Dogs kenneled 2) Fencing be restricted to 3 strand 42" high ', 3) Grazing be permitted only in the building envelope I 4) No vegetative manipulation except in building envelope ', As dogs were prohibited in the conditions„ of approval for the theydtben proh b ted ain dthis1ecase l a 1welltaffore the e sake hof, consistency. I The. building envelope is well situated in regard to wildfire hazard. It is free of shrubs and trees with the exception of one small stand of scrub oak. Staff recommends that the applicant should consider and apply, where applicable, the fire protection strategies outlined in "Wildfire Safety Guidelines for Rural ColoradorsSt to JUniversity,i11980 C(seea Attachmento 7)st attached hereto and incorporated herein by reference. ', RECOMMENDATION The Planning Staff recommends Commission grant approval of .the to the following conditions: that the Planning and Zoning Paas 1041 Hazard Review subject 24 x 36 inch mylar site plan building envelope and access on the site. The site plan indicates that the existing be used for human habitation: 1) The applicant shall submit a which delineates the proposed road, and existing structures should include a note which structures on site shall not 4 i In the event that the P,aas residence and garage are detached, both shall be located within the building envelope identified on this site plan. This site plan shall-meet the approval of the Planning Office and County Attorney and, shall be recorded prior to issuance, of a building permit. 2) The applicant shall comply with the recommendation of the~_ County Land Use Engineer which is as follows: a conf rmsthto ~Countytostandards.hee p2ssuancedrofe anl', Encroachment Permit should be completed before building', permit approval. _._ b. In addition, Pitkin County shall be in no way responsible for maintenance of the. access road to the Paas parcel. 3) Environmental Health Departmenthwhich are ase follows of the;, a. Sewage disposal system shall be designed to meet the, Pitkin County Regulations an Individual Sewage Disposal stems. In addition,` a site specificsoils test sha be performed as required by the Pitkin County Environmental Health Department. b. Any wood-burning devices. installed must comply withi applicable regulations. memo_paas_1041/els _.~ ~I 5 a .... i ~ Em a s.:. BM 6581'. _ ~O_^~ it ~_ ' ~ t • •" 1. . __.1 • .I • tBSBa i u '. ,I ~ of •~; t I. ~ ~ ~. I~ i `~`` I •6~~__ N NOME •' o , • ! .~ ~~ ~ 6+ _;' ^`~-1 ~~ 66x1 _ c~` I ~~ _ o ~ ~ `~,o ~ e , / 664'0 .. li ~. ~'~ ~ ~ !" ~ f2~0 ~F,F \ - ~d00 __ _-.J ~ _ ..i - - i V~ ~` It // /~ '. poi ~~~` _~' \ ~ _'. / ~~ ~ • / ~ ~ ~ _ ~ \~ ~ ~f ~. <:;, it - ~ -. 4a. ~ _ - _ en. H ~~ i>58 a.: ..:. _. .. `a _ '. _i g ' `l `_ I __ t _ .~. _ ` ~ ~ ~ .y .. ... .. n _: ~_ y - II ~ j /~' . II ~ ~ ~ '_ ~~ ~ \ / f~ :. t II Sv :' ~` ~~ I r `'~ '. a .0 ~ ~; -° i "'- '~'' ~. n _ ~ o °~ -~~ ` o 26 ~; '25 ~ ~ _ _. - ~, ~ H.. a ... ~ ' ' ~ ~ t: ~,~, r n ~~ ~ ~_ • -, a ~ ~ ~ ~ I '-vim. It ~ ~ -~ _;` _ ~~?o ~~.. ^' ~ ' ~'i ~ _ ~ _._ .. - - 35 ~ ~ ~~_ -__ ~ 1 ,~;~ 13U south galena street aspen, colorado"81611 November 17, 1988 Dale Paas Limelite Lodge 228 E. Cooper Ave. Aspen, CO. 81611 Dear Dale,. I've enclosed a draft of ,the ,resolution for the Leroy Paas 1041', ., ..,~. application for your file... The resolution will be signed by the ~_,. Chairman of the Planning and Zoning Commission w~ien the, 1041.' site plan which you have submitted to the Planning office has', been amended to reflect condition #2 of the enclosed resolution.) Condition #2 is as follows: 2. Existing structures on site shall be identified on the n.,~w .: ~ ~,.; siteplan and noted as accessory buildings which shall not be used for. human,. habitation. ., ": Upon receipt and app plan and resolution Planning and Z'oriing office at the Pitkn is a $10.00 recording the amended. site plan rCommssion~Yandd re ordede Chyathen P1"arining~~ County Clerk and_Recorder's„office. There's fee which may be paid at the time you bxing' into the Planning office. ', A building permit may not be issued and resolution are recorded and Recorder's office. =I hope this clarifies.... questions Please give a call if you have any until an approved site I plan' i, on file at the Clerk ands ' we discussed on the. phone.'. further questions. ' i S/~i~ncerely, Ellen Sassano Planner Encl. letr_Paas 1041 .~. ~._. STATE OF COLORADO ~ Roy Romer, Governor " ` ~ aeFEa to DEPARTMENT OF NATURI4L RESOURCES ~a1ARA~o DIVISION OF WILDLLFE AN EQUAL OPPORTUNITY EMPLOYER ~~~0 v James B. Ruch, Director 1~ 6080 Broadway OF`t'~ Denver, Colorado 80216 Telephone: (303) 297-1192 ~, October 24, 1988 Pitkin County Planning Attn: Ellen 130 So. Galena Aspen, CO 81611 RE: Paas 1041 Deer and Elk use the Paas parcel. Spring and Fall. and all of Section 36 is within a migration corridor. To minimize impacts I would. suggest the follovaing: 1. dogs kenneled 2. fencing be restricted to 3 strand. 42" high. 3. grazing be permitted only in the. building envelope. 4. no vegetative manipulation except. in building envelope. Sincerely, {~~,C-. Ran y ote Distric Wildlife P4anager-Aspen Division of Wildlife RC/lmp °, C k i {wry ' S 5 y ~ C ~ ~~.»'k I DCTa2 51:,=8~ ~ I, t~ DEPARTMENT OF NATURAL RESOURCES, Hamlet J. Barry, Executive Director I WILDLIFE COMMISSION, George Van DenBeFg, Chairman • Robert L. Freidenber9er, Vice Chairman • William R. Hegberg, Secretary Eldon W. Cooper, Member • Rebecca L. Frank Member • Dennis Luttrell, Member • Gene B. Peterson, Member • LarryM. WrighY,, Member Attachment 4 MfiMORANDUM T0: Buddy Lucero, Planning Office. FROM: Tom Newland, Land Use Engineer RE: Paas 1041 Razard Review i DATE: Oct. 5, 1988 I have reviewed the application submitted and would ..like tol forward the following comments to you: General: Attached please find my comments with .regard to the 1987 Chuck Brandt submission for single family residence on an thiscone,lmuch of thetcommentslwill applyar in many respects to Impact on Road System: Bast Sopris Creek Rd. (County Rd. #7) hasl been recently chip sealed_hy the county. The impact of 7 average' daily trips to the road system will be negligible. I Internal Road Design and Construction: The. access road tole "Section 36" on the, Light ranch crosses steep terrain and was note approved for placement through the county'subdbision process.',i HowGVer, the road is currently used for residentiaS, access to on;e~ dwelling unit, and will confirm tp County road standards and specifications with the.. proposed additional dwelling unit. However, as the .road continq,PS to service additional dwelling . Mme.- ~ . , .,,:: ... _ i _, , .:.~, , units in the future; itwill bedoine~moi=e dud more unsafe wit~i the ...~. ... increased use. ~~~ The dppleant should. apply .for an encroachment. permit through this office to insure the proposed driveway conforms to County standard. Issuance,. of an encroachment Permit should be completedi before building permit approval. Drainage: Placement of a single family home on over. 39 acres ofi land will have negligible impacts on existing drainage patterns. Attachment 5 MEMORANDUM To: Buddy Zucero, Planning Office ~~ From: Rick Bossingham, Environmental. ..Health Departments i _.. i Date: September 9, 1988 Re; Paas 1041 Hazard RPVew, Parcel ID# 2465-363-00-010 i The Aspen/Pitkin Environmental Health Department has reviewed th above-mentioned land use submittal under authority of the Pitki .<... a., County Code, Title.II, and has the following.. comments. Information from the soil conservation service maps indicate well drained permeable soils ~n this area` suitable for a septic registeHedeprofessionalsaengneerutofineet theePitkinneConnty Regulations on Individual Sewage Disposal Svstems __ ~.., ~ _ ~ . r., ,.. , . ~ ,~.F _ .~ „ anFnnnmF URf1y7C7(1NR F(1R WATER NF.RDSe Sections 2-6 and 5-205: ~' '-- --- ,~ .. We have no information on the availability of water at this .site except that the adjacent lot 2 has a'functioning well AIR QUALITY: Sections 2-17 and 5-106: inst lpledlmust omply w th applicable regulations. No Vs gnifi ank air quality impact is expected from the proposal. i NOISE: Section 2-23 No adverse noise impacts are anticipated from"this proposal. CONFORMANCE WITH OTHER ZAWS: Section 2-2 _.. ~.~.,.. _ , . __ .. ., r r.. _, This proposal is npt anticipated to be in violation. of any other ' laws which fall under this department`s authority. 130 South Galena Street "' Aspen, Colorado 81611 ~1 ~ 2 {~~n 303/925-2020 . ~ri^~ytYu ~ ~. i i ~ Y j E {- [ Ex ~ t M 5 ~~~ j Pitkin County Planning Office ~~~~~~~~ r~ ~~ .u_ Dear Frances Krismanish: We would like to apply thru the 1041 review process for permission to construct a single. family residence and garage on the NW'4, SW '%, of Section 36, Township 8 South, Range 87 West of the sixth Principal Meridian. Since- ly, /~ ~~ -. =-. C ~~ Dale Paas Wild Fire Concerns John Denison, District Forester Colorado Stdte Forest Service Dear Mr. Denison: Pursuant to the l041 review process, we are applying for permission to construct a single family res7dence on the NW's,, SW4 Section 36 Township 8 South Range 87 West of the sixth p. m, Pitkin County. This is located on East Sopris ', Creek about a mile above our house in section 25.' We will be Building in an open meadow away from scrub oak brush. The house site has good access by road and is on relatively flat ground. The building will be cdhstructed with metal roofing as is our house in section 25', The norbert Anthes, Chuck Brant property that you considered last year is adjacent to the north of our property. Would .you please send any concerns you have to the Pitkin County Planning Offfce. Thank you. ~~ ~~~~y- Dale Paas ~~ May 5, /988 Aspen, Co. Geological Concerns - __ i The building will be placed in a"large, relatively flat ', meadow away from any steep grades or slopes. i No extensive excavation will be necessary. We believe there are no potential geological hazards with this"bui,(ding site. ~ Wildlife Concerns .Randy Cote Colorado Division of Wildlife Dear Randy; ', We are responding to the l04/ review process concerning dis- ruption of wildlife. ', We dre applying for a single family residence to be located it on the NWT,, SW 4 of section 36, the old cabin property that lies above our house on east Sopris creek, ', This area lies within a sensitive elk and deer habitat and we ;, _.. i wish to limit any impact our home will cause on this sur~ound- ing wildlife.. The construction site will be to the east of the existin road well awa from the va/le on Fenders rb ert ~ 9 Y Y P P Y- to the: west. As with our house in section 25, we will enforce a strict kennel restriction on any dogs that may be living with us. No free roaming flogs will be tolerated. i Hopefully we have proven to be good neighbors with wildlife ', and ask you to give the planning office your opinion on grant- ing a l04/. Thank you. / ~ Dale Paas Attachmentl i _9 ti RESOLOTZON O! Tk(E HOARD OlCOVNTy "COt41ISSIOMS ~ i O! kiTRIN COOIiTIC..COI.OIGDO~... DENYING A RSQUE e VTILITY EXTENS ION'1'O TAE"SgCTION 36 SVBDIVISI~ Resolution No. 78-~_ XfiEREAS, eo ly C;oas .Electric Association. has. a tted as application for approval, pursuant to the provisi s of C. R.S_ 3973, Section 30-28-110(1)(a), for the instal ation of an approzim ttely 15, 600.foot, single phase, tw0 re 14.4 RV line, to service the 'Section 36• Subdivision 1 ted in Township 8 South, Range 87 Meat of the 6th P.N., and MHEREAS, the Section 36 SUbdiviaion vas created by the parcelling of approximately 16 lots (35-l0 acres in ire) in September aM October of 1974 without review: and any 3oca1 subdivision regulation, and ~II " - MBEREAS, toe Planning and Zoning Conaission cronlidered the request and on April 17, 1478',et vhich..timethe application was denied for the reasons. specified in ita.Resolutipn dated tiny 17, 1978, and MHEREA$, Section 2.10 of the. Pitkit. county Land Vse Codc mtit3ed .'Logical Extension of Utilities` provides, in part, . Zt is the policy of the County to discourage ~~ility eztmaions to areas aot suitable forthe type':6Qr amount of davelopatent necessary to support the aervi or which is likely toresnlt frog suchextension~l Zt is also the policy of the County to requlap) e-:ten- sions in a ~entfer which will "insure tAat utility zesonreeswill be contained to areas of, ore scent to, existing deve:opaent aadazea~ suited to... ~lop- neat consistent with otbar poli%tadf~of the ~~~ ty and tbat sntdt arena shoalQ be pxo~idedlSe fnl1.:::_-. . lment of necessary public atiliti~s r~athar than cr to sissy areas which are not!ally servictid anQ are p tvze fox the de~elopnsnt wntaaplatad. k. It Sa also the polity of thn Comity to di scoutage eztens lons...t.hieh world besab~actad_to...abndctal ooastroctioa, naiatananea or "oparatioa costs }due to topographical, soil or q~ologie ooodiE'lonar ana to diaeoerage aztenalona of which th.. coat-inciu~ing eo•ironatenta3-ezoeeda that genezsl bnoeflt. to ba gelned thereby. r ~- - _~ All of which policies ate further refined inSection-5.23.OY of the Code eateblishing the guidelines for adminiate ring applications for utility extensions,and tIHEREAS, the Board of County Coanoioaonece has reviewed the recommendation of the Cownission, andt)ie evidence and testimony presented with respect to the application, and has found: 1. The Section 36 Subdiviaionia located at an approximately 9000 foot elevation and serviced by a single lane access roa% rising initially (approximately) 6000 fee'_,. with efurther3000 '"° foot change in elevation. requi redto gain access to the subdivision. The rood is aone Iane road which (a) has steep grades, most in excess of 20 i __ *ra no ahoulder.~, (c ) traverses so ila with - ~' weak bearing strength, (d) has no drainaca (and is very highly eroded).and (e)is, in merry places,. ( ( when wet, impassable excep"t 6y ~=wheel dxi've" vehicles. In addition, the'road iscut into hill- ~_,r sides whose slopes exceed ~Otwhich (a)ih j case avehicle. elides off would result in its ". falling several fiundred feet and (b )makes revegetation impossible hnd resultein e:ctreme erosion. ~~ 2. The subdivision lies withinseveral geologic i hazard and other areas defined Sn the previously adoptadC.S.U. ups, Wore specifically: (a)all i Iota lie within areas of slopes 301 or greater, 1 (b) gnat lie vithia areas designated as ~'noa- i occupancy' Iands, (c) an elk migration mute traverses tM subdivisioa and the entire subdivision i Ilea within an Brea shovnas critical winter .range -2- for elk, (d) a majority of the aubdivi+ion lieu ~a... TM in en Brea of high visual vulnerability°anda s were ~~~~ ~~~~ wildfire hazard area and (el severnl avalnnche ~ ~ ~ "~ ~• =^~~' areas are shown within the subdivision bovndari~e: ~~~~~ ~r ~~ ~~~~~ r 3. The utility line is proposed as anei,ove grour.3~ installation wh ich .will require destruction of I '~`~ a »' several miles of trees and other vegetation ~° ~ t resulting in substantial eavimnmental,damage, a`nd .. ,„! -,. .':~s. ~ ...tai NBEREAS, inasmuch as the subdivision has nod received any ixalaubdiviaion review, all devalo ~ ~' "' r'` `"' ~`,.w -" psent will requires Building Permit Review approval; approval which ie very t ~' { , 1 unlikely to be givenbecause of the site characteristics noted above, and the constraints of the Growth Management ~ 7•u<a"+ 1 Policy Plan(thirddraft) adopted by the Planain3and Zoning"~ `~'~" ~ Covaisaionon ,luquet 17, I977;and ,_ _.. 1 x „,, .; k'$SF3':f_ gie e. tE-~ e.,__V.'Y .~_~ ~~_ _. ,, ,. -._> .WS;e has detezmned that the Section' 36 Subdivision ii unsuitablfe ~ ~` • ~ ` `~~~•~ for development nnd'there is little li:.elihood that anq w, "~..,.. ,., .. .. ~~ ~~;~ development .s ~ :a•='' 4 t.x iw , permission will begranted therefore] an3, " further, that the construction of the line mould; result in ~ ..,_ ~ ~ aeve~~ environmental damage, all of which findings require ~ ~' ~ ' ~~ ~ ~ ~a disapproval under the r 3~eswents of SC~ioa 2.1 } k- e4u 0. and ~,, ~ ~ •~~ ~ 5.23.U1 of the Pitkin Count Land Ose ~ ~ NON, T~ItSFORE, bait reaolvad by the Board f Covet r ~ *~'~ " y ~ ~ ~~ ,~.„ 'k >,« Casalssionera of Pitkin County, Colorado, than dcea hereby ' '~`{ affixes the ectioas of the Pitkin Count P1 ~ Y aeuly ad ioaing 1 Cbs~ission and deny approval of the. vLilitY ion r ~' "~~ '~~~ equeaE of the eoly Cross Slectriwl Association hsrei L ~~ s: described approved by the Board of County Cos6lssia~n of Pitkid~ "` "~ ~~'~ i County, ColorWo, at its raqular oaatiaq held J 12, 197l.F • ~~ ~ TBI[ M1MD df CGONiY COMIxISSIQN~BS ., "~ RTZl~ a d! PI'1R111 COON'T!. 'C L,ORI.Dp ~ { .. ... ~. By. ... a _.: • uspaty- f arc . a -:_a^o er. r~ ~ -3- ~ ~ ~ ,~ ,. _ Attachment 2 __ ~ ~~ S ;. kl-.CnxDED AT 1:15 P.H. 19 HAY. 1981 LORLTI'A 9ANNER, RCCORDER j- r.~....~ za293H ..41ik •..fqi ', RESOLUTION OF THE BOARD OF COUNS,Y COIMISSIONERS ' Of PITKIN COUNTY, COLOPADO, GRANTiN6 1041 '~ SPECIAL REVIEN APpROVAL.TO,LiNEUGHT,. INC. _ ResolutlaeNO. 81 - ,~ .. .. i .~~ t WHEREAS, Limel tght, Int., a Colorado Corporation (Mrclnafter referred... to as `Applicant") is tM owner of record of epproxlmatety 40 acres of real ~, property eqn speclftcal lY descrl bed. as followsq.. ~, tM northeast quarter (NE 1/4} of tM southeast quarter ~ w~! (SE 1/!) of Scotian 25, Township 8 South, Range 87 We3t of t tM Sixth Principal Naridi an. County of Pttkln State oL Colorado .. ! and, 1MEREAS, tM Applicant has requesteA 1041 Special Review Approval for the purposes of develops ng a stlgle farm ly .Muse and garage on said real property and, WHEREAS, a Public Hearing was Mld Deforc the Board of County Commissioners ~ on April 27, 1981, at wM ch time evidence and testimony were presented with ! respect to this appitcatton. '~, NOW, THEREFORE, BE IT RESOLVED Dy CM (bard of County Cammi sstone rs of ~' ~~, Pl tkin County, Colorado,. that 1001 Sped a1 Review Approval is. ne,reby granted ~ •i topermit the construetiop of e. single faintly houseandgarage on the Applicant's property, subject to tM fottowing conditions: ,... ~ i 1. That dogs arc rcstri tied to kennels, at a'1 times, said kennels. to ~_,~., lweapproved. by tM~dni'mal"L'ontrol Offt ter; .. I 2. TAat fences an only constructed aroundthe immediate homes)te and not ' '. tM perimeter of tM property; 3. TMt vegetation is not disturbed, cleared or burned on any portion of _~, the property exttpf the curtl'age of thehome;. ~ ~, 4. That tM Applicant install a 1000 gallon storage tank to mitigate '~~ periods of peek demand if the well yielddrops tielaw eight 9DmG ~, I S. TMt no improvements to tM .road be made wlthaut prior 1041 Special '~. Review; 6. TMt tM Applicant's Dower line extension Olan he presented to the '~ Planning Office and CopntyEngineer forthetr review and approval. TM elements of this Dlan shouid include:. _ ~I - a mep showing CM lounge of tM utility tint. '.. - an easement for those portions of CM line which cross other property owners, and (~ t'".w..cs~Y '-! ,,. . 9. '~_ '. ~.4fiu ..69?. ~~ - provi sl ons which insure tMt vegetation wtil not be disturbed by the. placmrnt of tM poles, such as a Derformantt bong and/or ~I a guarantH tMt tAe poles x111 tie. placed by hand; and i 7. That the Applicant agrees to a noU an tM plat that if and when the County reQusna theprtveta rdadright-ot-way as a pu6llcly dedicatee: road, tAat thF applicant will a• this dedication:. it Approved by tM Board of County coawlsstoners pf.Pi tkln County. Colorado, st their regular awretinq oe May I1, 1981. BOIIRO OF COUNTY COMMISSi9NEAS ~.. OF PiTKIN CWNTY;COIORA/0-0/ '~~ 8~ a rmavn `~~ ~ '.. AttEST: ounty er APPROVED AS TO FORM: [~~. e~~~9 ~. Ir q~n A~~G ~~ (l~ ~. ''~ r~ '` J`~. it F"~EVJ~ ~^Y ,., ~~rr 1. (, fz w~.~.r eoo~_ Sgldit 0 MfInM CI~tM11Y~R6COM~A, r Attachment 3 RESOLIITZON OF THE. PITRIN COUN'YY PLANN?NG !"AND~ONING* COMMISSION 4 ,,,~I: GRANTING ,1041 HAZARD REVIEW APPROVAL ~. ~ . ., P .. ~,,: ~. ,~....~:. ~~ , ..., ~: ~~ TO CHARLES T. AND EMMY LOII BRANDY, Resolution No..87-~_ i WHEREAS, Charles T. and Emmy Lou Brandt (hereinafter "Applicants") have applied for Special Review approval for a single family residence to be constructed on a 4,9 acre parcel of land (described. in Exhibit. "A" attached) which contains mapped 1041 concerns including wildlife, wildfire and geologic hazards; and WHEREAS, the Pitkin County Planning and Zoning Commission 'i (hereinafter."Commission") reviewed -this. application at a duly noticed public heaeing on January 20, 1987, at which time_~_ evidence and testimony was presented, with respect to said application: and _ WHEREAS, the Commission notes that on ,June 12, 1978, by Resolution 78-39, the Pitkin County Board of County Commissioners. denied. an application by Holy Cross Electric Association to i extend electric lines to service Section 36; and I WHEREAS, the Commission finds that ths,,application for approval of a single-family residential site does not constitute.,.. a major utility extension into Section 36 and said application may stand on its own merits. NOW, THEREFORE, BE ZT RESOLVED., by the Commission that it does hereby grant 1041 Hazard Review approval to the applicants I subject to the following conditions.: 1. The applicant shall submit. a 24 x 36„inch mylar site plan which. delineates Ehe approved eastern building site, access drives and any proposed fencing. This 2. 3. 4. 5. 6. 7. site plan shall meet the approval of the Planning Office and County Attorney and shall be recorded_ prior to the issuance of a building permit. A site specific soil s., engineering study shall. be ', performed to insure proper foundation design. To mitigate wildlife impacts: a) b} c) Fences'shall only be constructed around the immediate homesite, shall enclose no more than 10~ i of the total lot area, shall be no more than 42 inches high and shall contain no" more .than three strands of wire. No livestock grazing or vegetation manipulation ', shall be permitted except within the a roved pP fenced area _of the lot. __ _ _ Dogs shall. be prohibited.. To mitigate wildfire hazards:,. a) The building envelope; shall be set back from the. steep drainage slope. b) Natural vegetation in the immediate vicinity of the home shall be cleared or thinned and revege- _,. tated with native grasses. c} The applicant should consider and apply, if possible, the fire protection strategies outlined..', in Exhibit "B" attached hereto and incorporated ,. _ _ herein by reference.' The applicant shall comply with the recommendations of the Environmental Health Department as outlined in Exhibit "C" attached hereto and incorporated herein by reference.. All overhead utility lines including but not limited to electric, telephone, and cable shall be sized and extended to serve this site ,only. Said lines shall i follow the alignment of`'the existing 'access road to reduce vegetation disturbance and minimize wildfire hazards. The applicant is hereby notified that_ controlled i vegetation burns may be conducted in this area and that " said burns could present a potential hazard to homes in this area... ., ~~ eoo~ ~`~~) F~a~ r. ,?~ ~~ Resolution No. 87-_~_ Page 3 __ i APPROVED by the Pitkin County Planning and Zoning Commission at its regular meeting on February 3, 1987. ', ATTEST: ~-- -- -- - - ..._ Pa Belfont, Dept County Clerk FK.017 E?:IIIYI'i A --:~+ ~~ ... ,..- i A PAP.CEL OF LITTID SI'PL'T>T1D I;I TIIE NW 1/4 OF S1CTIOi1 36, TOT•7I1- ,,. _, SFIIP 8 SOUTH, R1L'1GE II7 C•IEST. OF 'TIIE' 6TII PP.IIICIPAI;' i'~IERIDIIL'1, _ IIEING MORE FULLY DESCRIBED AS''FOLLOWS: ~ IIEGINNSNG AT A POIt1T ON 'Tf~ 48EST LIN1 OF SAID SECTION 36 WIiENCE TIIE NORTIITy~ST COP.:IER OF SAID SECTION' 36 BEARS N 00°05'01" W 150.00 FEET __ THENCE S S1°35'45" E 1672.59'FEET; TFIEIvTCE 131.74 FEET ALONG TiiE ARC OF A CUt VE TO Tf'.F. LEFT ~ }PAVING A R.?1DIU5 OF 148.00 FEET; TEE CHORD CF WFITCFf CURL BEARS S 54°30'00" W 127.43 FEET; T}IENCE S 29°00' W 310.00 FEET; '~ THENCE 124.39 FEET' ALONG `TIiE `ARC OF A CURVE TO TfE LEFT ~ HAVING A RiiDIUS OF" 305.0.0.. FEET 7. ~ THENCE S OS°38' T•: 98.7.80 FEET; THE2ICE 5 89°59'25" W 919.33 FEET TO THE WEST 1/4 CORNER OF SAID SECTIOid 36; ', Tf}ENCE FOLLOT~IPiG T'rZE T•;ES?' LINE OF SAID SECTIOPI 36 ' N 00°05'01" W 2485.27 FEET TO THE pOIPIT OF EEGIA'NING, ' CONTI~INING 49.407 ACRE'S, `I`i0I2E O~R` LES'S`: ` " w~..,a .w ..~,~...< .,,, x.,,a.,~.,.,.,.;t., ... .~<, ~ ~~:~~~ f ~`" MEMORANDUM T0: FROM: RE Francis Krizmanich, Planning Office Tom Newland, Planning Engineer ~~-~ p1=C22~~'~ Brant 1041 Hazard Review DATE: December 22, 19$6 This memorandum is to review the access road to "Section 36", to be used for :ingress and egress by the applicant. After site inspection of the parcel withyouu on December 5, 1986, I would like. to forward to you the following comments: Road/Trails Design and- Construction. In my memorandum. of, December 1, I raised several points roncerni.ng'the access road; - Does the road conform to adopted standards? The road' should he capable of handling all of the traffic associated with the lots in Section 36. This places the road under) Class V or Country Aocess Road Standards. As;youu recall, we, used this road with. a 4-wheel drive vehicle, to access the) site on December 5. The road seems to be wide enough and it is for the most part adequately ditched and culverted".~, However, the mancos shale on which the road, in placed makes for a bad driving surface. It is suggested that the applicant impk•ove the driving surface by placing at least 4~ inches of road base and possibly some gravel on the road toy upgrade the surface. i - Does the topography exceed 30%? With the maps I have ofl, this area, it is impossible to tell whether or not this road crosses slopes of greater than 30>. A ..detailed topographies .study of the slopes the road crosses will he necessary fob '' determine this.. - Can the slope of t:Iie road be altered? Although some short~~ stretches of the road seem to exceed the maximum allowable e, J g p ,, i grade of- 1.2i ad'ustin or re lacing this existing access would do .more visual damage to the East Sopris Creek valley''. than it is worth. It is therefore, recommended that the road w. .. , ~ ._.._h. _ .,,.~ remain on this existing alignment. - Has the road been culverted and ditched? As mentioned above, the road seems to have culverts and ditches placed along the entire length. However, there is a hillside site that, across the. road and_ just below the building appears to be duffing and moving. This area could effect' the road and possibly the building site. The applicant' it should have this area examined to determine what e,f£ect ~ could have on the development and the access .road.... i ,-~.., `r I I MEMORANDUM. T0: Francis Krizmanich, Planning Office FROM: Tom Newland, Planning Engineer RE: Brant--1041 Hazard Review DATE: December 1, 19II6 I have reviewed the application submitted by Chuck Brandt for a' parcel of land located ~n what is known ~s„ "Section 36", a detachment into lots at least 35 acres in size subdivided under state statutes. I would like to forward to you the following comments: Geologic Hazards. These -hazards do not present a problem if ', development is contained withinthe building envelopes suggested'',, by Dr. Lampiris: His Yecommendation for soils engineering 1, studies should '6e followed. Scenic Quality. It appears that the easternmost building) envelope is the lowest and therefore the least. obtrusive vis- ually. i ,. Impact on Road System. The access road to this. parcel orig-', inates on Middle East Sopris Creek Road (County Road #7.2), a', country access, Class V roadway. This road is maintained and plowed by the county. The proposed dwelling unit could adds another 6 daily trips to the traffic on East Sopris Creek Road, representing an insignificant traffic inccease that will note strain the road's capacity. Road/Trails Design and Construction. The access road to sectionl~ 36 has not been inspected far conformance tq adopted county road standards: After an examination of the site with. Francisi Krizmanich, I will .forward to him an additional memorandum presentedg Ihhaveothesenquestions about thelroadwayhconstructionn', - Does the roadway conform to Class V standards as per they 1985 Pitkin County Road Standards and Specifications? ', i _, I - Does the topographg of the terrain crossed by the road) exceed 30%? This situation is ..prohibited under 1041.review'__ (as per sut~-section 5-401.2(h)(2)(A) of the Pitkin County'. Land Use Code. - Mr. Reeser's report states that the access road has', pitches of 12.5% and 14.5%, both of which are unacceptable, under county standards.. Since this is the case, can the, road be altered to_better conform with county standards? ~r - Has the road been culverted and ditghed to pass existing. w.,.~. , streams and control erosion of the road surface and base?i This condition is required under 1041 review. criteria. .(see., sub-section 5-401.2(h)(2)(F} of the land use code.) Based on the .copies of documents presented in the submission, I', am satisfied that legal access does. indeed exist along the access'', road. described by the applicant. However, this is a private', access that ages not allow for .travel by the public. The applic-', ant should be aware that this `access road is in no way part of the county road system and will not be subject to the associated, maintenance and. winter, plowing until such a time where they county, through resolution, adopts this road.. as part of the county road system. The easement allows. for equestrian use and should be ..amended. to '_ include public equestrian, hiking and nordic uses. The driveway to the proposed building endelope should conform toy officed county standards, which are available through this Drainage. Virtually no impact will occur to the natural drainage patterns from the development of this log cabin. Dr. Lampiris sets no recommendations for foundation__,d,esign. Y..M, r'^~y, e i~~a='~me't~xe"".~-'.ism s:~m'a.. "~a~3"'°'~3'.i~.S~',rCiY~ Attachment,.? , f~ ,+ ..1'. `' n~ t.: „~ ' y Y`~ ` ~'c "~N ~' ' `3 ., t i r~" Y'v3 nA y„~R. i`,p'•, i v~~ y ~ n .vxb~ ~,~ 'SM~ vi ~s1.~.[t F F t ,~ , 3 ;~~;~~~ T ~ ~°w ' ~ 4~ v ~ "Colorado State Forest Services t r ~ , F ~ 'U `F ~ '~~~~ e~Un ty lo d S C ~ ~ ,~ > iversi , ra tat o o r ~r r~ = 71,. y < is * i { ~tn as^' a .,,,_ i L*ro > { \ Fk ~ ~ t ~N~. S\ , - ~ M ; C Y v \ ~ l h ;C+~ § ~ ~ 4 ~ 5 ' 1 ~ YL f f t I `4 r i ~. ~ ,.a' ~l~ f ' }~ r ? t Z r ~ S ' ~ .. [ - * . A! ~ W a ~. r ~~ . ~ =, ~ r:.= .. ':: '. I Now that you have completed your check, you may Expected Fire Behavior. Medium to high intensity,; have specific questions' regarding your homesite. may throw sparks ahead of the fire causing several Types of fuelsarc~undyourhome,potentialproblems, small fires; fire spread is moderate to extceme; slope, fire crowning potential of trees; existing water excellent ladder fuel supplies, and fire safety areas may pose special problems. The following sections discuss various situations and give general prescriptions you may complete while still maintaininga very aesthetically pleasing homesite. COMMON FOREST FUEL,CLASSES AND WHAT TO DO ABOUT T~E~NC `~~"" '~ `~~ `~ ~~ °~~ _:.~ ° _ 1 The following classes describe, in general, the }uel type on your property. Most likely, you, will have a combination of two or more types. Select the type that closely represents yours and Epllow recommendations foi- the Safety Zone. The Safety Zone includes a minimum of 30 feet around your home on level terrain.. BRUSH This includes continuous; dense fuels, 1 Yz to 10 feet in height. Fire control is difficult because of thin, tough, and. numerousstems which resist easycutting.-Strong root systems make brush difficult to clear or grub out. Actfon required: These areag are the mostdifficult to modify. However; thinning and removal can ~e accomplished. Small patches of brush are permitted in the Safety Zone (30 feet or more around your house), but not large continuous patches. Some species can be pruned and stilt retain aesthetic quality. No brush should be left within 10 feet, of your house., i 7 .. ~.... ......~~:w~ . , .'. m~ -' ' =.~ss~wavz"' "~~:va~cdak,'?mvs.~"~'J.,~ v~-,.'a»~:.~~.~.I. ~ q ~ 'i BASIC HOME FI[2E SAFETY Thereare several outdoor areasthe homeowner should look at For Eire safety. The Eol(owing p~iotos, ~~ ~ ~' diagrams, and checklist show what you can do to make your homesite more fire safe. Check these 12 fire safety recommendations carefully and compare with your situation. Complete this. check three or four timesa year and correct undesirable hazards. - _ _. -`. - _-~ _ t= _~ _ ---~ -~_ _ ..~ -~_ 1. Avoid flat roof on homes where leaves, needles, or other flammable debris can accumulate -- __^~~- s.>- -~ i_ ... , 2. Keep all roofs clear of debns. 11 2 3. Roof arveri~igs should be of a ni+ncombustiblr~ Underwriter Laboratory approved material. '~ i (" (~ ~ ~;~ i ~k. f ,, l ~ I l ~ ~~ n.. 4. Enclose or screen off porch, floor, roof, or attic. 5. Tree 65apches hanging within 15 feet 3 P~w~Y'fP~E~+-e uNACGeYf P~~e 6. Keep weeds and. debris at least. 10 feet away from the base of your home; U N ~~G' Pf~I.E ~GC-~Y ~P`~LE '~ 7. Do not park any motor vehicle in tall dry grass (hot muffler may start fires). ~'', 4 8. Develop an external water supply for firefighting. This can be a small pond, cistern, welt, or hydrant. ' ~,_. f, .~ .. . ,~,,.~ .P _ . ~,:.. ~ .. :::.a„. ........ z ~. ~ . i. . , ~ . ,~ p - 10. Place at least one 10- ound ABC-class fire ex, tinguisher in the home. A 50-foot garden hose connected to the hot water heater drain is useful in afire emergency inside the house ~l ~ .,, ll. Have ower and tele hone lines installed under round. [f not ossible to ^ .. - ~ ~~~ .~ .,.. ~`~ ~ w ~ -~ m_ p p g p bury lines, then keep lines clear branches. 5 n. Stack firewood uphill or on a contour away from. buildings. Keep fine fuels aw.iy from stacked wood. ,~`i ~~ 1 --- 12. Thin trees within 30 feet of homesite iE necessary. Adequate thinning is reached in the 30-foot area when tree crowns do not touch each other. Isolated clumps may be permissible under certain conditions. Following thinning, trees remaining within two tree heights of structures should be pruned of dead limbs to a height of 10 feet. Prune live branches to 10 feet from at least half the trees in this strip. 6 ., .__. tx~ac ~~~ ~as~ ~ ro ~ ~ rv v w . , za, co Recorded at o'clock M., ~3-'" ~ s 07 Reception No. - R~rder.~ <_ State of Colorado ) a ° ~' ss. WARRANTY D ,~D ~ CT1 County of Pitkin ) °° ~ THIS DEED, made this 15th day of January, 1988 between Joseph A. Wells and Darlene Ann Wells oP Pitkin County, Colorado, "Grantors", and Leroy G. Paas and Margaret V Pa'as,`"whose legal address is c/o Limelite Lodge, 228 East Cooper Street, Aspen, Pitkin County, Colorado, "Grantees"; 7,~0 WITNESSETH, That the said Grantors, for and in consideration of the sum of Ten Dollars and other good and valuable consideration to the Grantors in hand paid by the Grantees, the receipt whereof is hereby acknowledged, have granted, bargained, sold and conveyed, and by these. presents do,,grant, bargain, sell, convey and confirm, unto the Grantees, their heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in Pitkin County, Colorado, to wit: The NW 1/4 SW 1/4, Section 36, Township 8 South, Range 87 West of the Sixth Principal Meridian, together with a non-exclusive easementFfor ingress and egress and for location of utility lines over, through and across a tract sixty (60) feet in width, being in Section 25, Township 8 South, Range 87 West. of the 6th P.M., more particularly described in that certain Deed of Easement _. _.~ 3_ ~..,we„~. ._ .~-. recorded in Book 245 at page 195 of the records for Pitkin County, Colorado., and together with a non- exclusive easement for ingress and egress and for location of uitlity lines over, through and across a tract sixty (60) feet in width, being in Section 36, Township 8 South, Range 87 West of the 6th PM_., the center. line of which shall be„thirty (30) feet on either side of the center line of the present existing road. County of Pitkin, State of 'Colorado, ~.J' GT TOGETHER with all and singular the hereditaments„and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the Grantors, either in .: . law or equity, of, in and to the above bargaine3 premises, with the hereditaments and, appurtenances. TO HAVE AND TO HOLD the said premises above bargained and I described, with. the .appurtenances, unto the Grantees, their heirs and assigns forever.. And the Grantors, for themselves, their heirs, executors, and administrators, does covenant, grant, bargain, and agree to and with the Grantees, their heirs and assigns, that at the time. of the enseaing and delivery of these presents, they are well seized of the premises above conveyed, as ', of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have .good right, full power~l and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and i clear from all„former and other, grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature, EXCEPT: ~ 1. Reservations and exceptions as contained in United. States patent recorded October 26, 1945 in Book 171 at_Page 79 as follows: All the coal and other minerals in the 'lands so'entered and patented together with the right to prospect for, mine and remove the same; and aright-of-way thereon for ditches and canals constructed. by the authority of the United States.. ~L C g z ~-, r ~'i 2. Terms, conditions, obligations and provisions as contained in United States Patent recorded in Book 246 at Page 146. 3. Terms, conditions, obligations, rights and restrictions as contained in Deed recorded in Book 234 at Page`703. ~, _'' . -' , ,. PITKIN COUNTY TITLE, inc. Title Insurance Company 801 E. Hopkins Aspen, Colorado 81611 DATE: (303)925-1766 -MARCH 9. 1988 ', DALE PAAS c/o LIlM~.'L,ITE LODGE 228 East Cooper Street Aspen, Colorado 81611 Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies the following list is a current list of adjacent property owners within 300 feet of the subject property set forth on Schedule "A" attached hereto and made a part hereof, as'obtained from the most current Pitkin County Assessors Tax Rolls. NORBERT ANTHES and JODY M. ANTHES P.O. BOX 1918 ASPEN, COLORADO 81612 FENDER FCUR, LTD., A COLORADO LTMLTED PARTNERSHIP 0513 SOPRIS CREEK ROAD CARBOfIDALE, COLORADO 81621 ROBIN N%ILNY 1020 EAST HYMAN AVENGE ASPEN, COLORADO A PARCEL OF LAND SITUATED IN THE NWT OF SECTIGN TOWNSHIP 8 SOUTH, RANG 87 WEST OF THE SIXTH (PARCEL N0. 2 ON ASSESSORS MAP) CECELIA JANE FREW RIGSSBY // 139 6325 NORTH VILLA OKI.AHCMA CITY, OIQAHCMA 73112 DONALD C. SABIN c/o ROBERT J. MILLER,A000UNTAN'T, INC , 24242 PASEO DEL CAt~ll'0 LACUNA NIGUEL, CALIFORNIA 92677 E~zSWi, NzSEi, and SZSEi SECTION 35> 9 SOUTH, RANG 87 WEST OF THE SIXTH (WEST OF SUBJECT PARCEL) TGWWNSHIP A PARCEL OF LAAID'SITUATEDIIV SECTION 36, TOWNSHIP 8 SOJJTH, RANGE 87 WEST OF THE SIXTH (PARCEL N0. 4 ONASSESSORSMAP)~: ~ ' A PARCEL OF LAND'SITDATED IN SECTION 36, T~ISFIIP8 SCUTH, RANGE 87. WEST OF THE SIXT(i (PARCEL N0. 4 ON ASSESSORS MAP) A PARCED OF LA1`ID SITUATED IN SECTION 36, ~ TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE SIXTH' (PARCEL N0. 7 ON ASSESSORS MAP) ~ I NOTE: DUE TO THE'INCQ~tL~ ETE RECORDS OF Tt3E ASSESSORS OFFICE, I WAS UNABLE TO FIAID A 52 ACRE PARCEL AS SHAWN ON TES ASSESSORS MAP LOCATEb TN SECTION 35, TOWNSHIP 8 SOUIII, RANG 87 WEST OF THE SIXTH, SITUATID NORTHWEST OF THE SUBJECT PARCEL. _ ~ i l"7~ .~ e1r cr ~ ~E' G o rCI 0 F h ,~ frG v e ~/~ r~ ~ / ,' ,~' ,s ~C / '' c i./' 3 7' cs t~,~17 ~~~ ~fl G E.~ ~if$' St. Dudes Company Att. Mr. Reno Cerise P. O. Box 885 Basalt, Co. 8/621 i -" .?~. ~ C., c_.,, _ ,_. ,-~.,~.----, .. CASE NUMBER PCT-1435 ~wyers it~e ~II jnsurance Crporation NATIONALHEADOUARTERS ' RICHMOND; VIRGINIA '. SC~DLT,E A-CFP,CER' S POLICY DATE OF POLICY AMOL^r~ OF I:QS'.7RA'QCE POLICY A~^~ER~ 01/15/88 ,`a 11:51 A.M. S 70.000.CC 85-00-882997 1. NAME OF 2NSDRED: LEROY G. ?AAS AND MARGARET V. ?AAS 2. THE ESTATE OR INTEREST IN THE LAND HEREIN AIv'^, k1_-iICH TS COVERED BY T~:T_S PCLICY IS: Iii' FF.E SIMPLE 3. '~ ESTATE OR IbiEREST RE.r~RED TO ?REIN ZS AT DATE OF POLICY VESTED IN: I LEROY G. PAAS AND MARGARET V. PAAS 4. TF1~.. LAND REFERRED TO IN iTIIS POLICY IS DESCRIBED AS FOLLOWS:. I THE NWl/4 SWl/4, SECTION 36, TOWNSHIP 8 SOUTii; RANGE 87 WEST OF~THE TH^ SIXTH I PRINCIPAL MERIDIAN, COUNTY OF PI'TKIN;"STA'~E OF COLORADO.` / PITKIN COL'A"PY TI1~E, INC. ~~ ' 601 E. HOP:{I, IS AVE... .Coon e s~ Auth rued Agent ASPFSS, COLORADO 81611 (3031 925-1766 THE PCLI NUMBER SHOfa11T CN THIS SCHEDULE MUST AGREE Wlic' Ti-~ PREP ~y.'~ RINTED N'V~ER. ON lay CCVER SHEET. Form 100 Litho in U.S.A. 035-0-700-0041/2 i ', PITKIN COUNTY TITLE, Inc. Title Insurance Company 601 E. Hopkins Aspen, Colorado 81611 (303)925-1766 EXFIIBIT "A" THE N~S~ OF SECTION 36, TOWNSHIP 8 SWI'H, RANG 87 WEST OF THE SIXTH PRINCIPAL NERIDLAN'i COUNTY OF PITKIN, STATE OF COLORADO NOTE: SUBJECT PROPERTY WAS FIRST DESCRIBED AS ABOVE. IN WARRANTY DEED RECORDED"DECE[~ER 30, 1969 IN 245 AT PAGE 413. . 8,cerdM at_7_00 _e'rlerl p Y(• Dec emb•i_ 2T _1969 __.. O ~l~(-~~~ A.e.ytlm No__ 13843+ _ Pe~gY E Y,fkl Sch_,__y<o~ ".. TfI/6 DEED, Yade tFL da> of . IG I htween ELtr':.Fp 6CHWART2 and CRRISTIKE C. SCHWART2 city of nlrt u^.r~7ut ftF 1 ]Y A `~3pfia Fe Cpantypf .namtrpr CEC 2°_ IS69 rO~rYm1 of tnr Dnt wrt. .nd ~ ~L ~. .. CIfAALF.6 W, COLE, JR. . of tM Count> of Pi tkir, apl m4 of •~ Colondu, of the <«oad Yrt. ~_> R7TRESEETH, Th,l thr uid pan of tF< fin: part, for and in identien of the wa of 7£N DJLLAR$ AND 0"a'ER VALUABLE CCNSIDL'YRTION6 ,-'"L _ "_ tp the .,.a p.n ies of a sot Dart m 1.ne wid br tb ra'd p.rt -. 2~9ki•~?4!D' u Ferri corJeved and ,@n~wly Y f N nd n rt ue rr•cript [xF.f ,~ > -ed, I ve nmk.d I d id on T d d QLIT CI A1FlED d b [hear Drerenu do. remf a r• «, 11 > and Qt ]7 CLAIB t h ,d N > his Fan, <urre n + P~ ) of tAe w a y rt, i.. •~rnr f ,all tF< nshS U< to q 1 Im end d d mM1ich ue Id p,n ies of the Ent p H ve 1 nd to the foL cp drlrnbid 1 t Dcn<i ! 1 d t ,i<: 1) Y ...d i belnY to N County of Ditkin nd SLt f Col nd w wit An easeme r o ughx va/ fcz road n~ r e. a ~ loca icn of ucilix over, throws, tad ac oes a tract sixtyV (L Y 7 es j Tewnshfp 6 Se th z e 6] W :r r,jdt Lei y i < ctro 2 st a .he t 7 F M L ten erl t~¢ o I d¢scn ed as h'ch a} beg L.ning at a point on c:;e Sou,} nste: lr itght of ay fe .ce of a county read ' W.'.ance Cie brass cap sct for t~ ite x'enC„ ie[ heiw~er r ~ I 25, said Township a..d Fanoe, 6eaa \. Fe0~Y 25" h'. 'J4.41 f? a aonc 24 o~d ~ W. 264 24 feet t c ce 56 24 fe r. a r sc e[ t e7ce 1 6' 343.]8 0 t. t¢gnt ]avarg a ratl us of eet c]cr ce 5 °9p49 W 204.0] ee cote 1 0 4 reet n a yr ¢ tp ' the left haw n a aadaus of I -- 74.54 £eet on a curve to thu 2C feet; tYenc 4101 f. °, 00 f et .ne ce feet on a twt to the lef .. Fav~ny aarad~ua ofd361. 55 C L bthet t tFC2 eG6 F 230.60 fact tnenc 367 0' ° feet o a. ecrve to -t;e r: cht ha ~ing a radi cs -.' 1>).OG feet; thence 1DE. DD feet en a cane to the rigs[ hat f.g a adius cf IOr,,;,U A:et; i .: cntZ 112 50 fees on a curve to ~¢lnftn y 5. 24"0] W 560. 0u F¢e4 t:u f yU qtt -g e•ra s of 50 CC fte t'.enc¢ radius d 1 ." feet ther:ee 5 1, re' " ° 1 ~ "~~ .~ra•< xo the .tt aviry a radivs of 6r-0 60 rect _ 7 fee o a tiynce 7B 60 feet un a curve t th¢ l.ft rat[ c a radr et ~l rb o E 173 0 f t 66 sv' E Ib6 <.4 f L t.en-e bJ S] fe ~t On a curr C 4e ~0 tc t; C nc N, of '2.63 f.et, thence ~ 02b46 E ]6 n0 o he le. hat rng a ra case i U.. r: gFt hev.nq a a ..:,, pf 3•. 1. ¢~t, L ~ _cF••n a C~3 0~ feJ on a evr a to • 19 74 feet on a curve to th< zt oh, Eater v ara2i us o 1]. j~ 'ec[~ucF.mcc t < ce it ~ ]204J E. 178. U0 feet; L.*.ince 17F 6: fact r. a cu: vc to the rig x l.avicy a a ivs~of I isee a•~-ached Exhi Lt• ^A" whi ~ ^adca i TO fi AtL AND I"0 HOLD C.a aamq t a th r w,tA qi frt L..r..,_ , I Yyirr tF purbnana~: n.d I rinies.• therrunto 1' Felony-nY nr m wyrrfee tMreunm aGtKrtn Y d a: ;he tr pot, L 1 i t tend h<t<nrve f th .I uid fan acs of. Re r t p n rh<r 1 1 o witi t th / nmp v I. fit 6efioof Sf th E - ~~ i y,n Y pf the «<pna P K hi`. F< d :<ien t ., I]pITaESS R'HEit OF Th baid] n : s °f tl.•f p,., ):n rc hu.vtc a-l ___ ual s the dq' and yn. fnt aF,.ve v~nRm. _.... .. _._ _ , i I ~ .....__._ f.: _. _.. ...: lSCALI i. ' NS(z•AtdiYavlb: C,f: Aakwsrd: M:Wx Sttwat<:lU. .. ..... ~ t r ____ i ' '~ .. .._... `E4Lj i' ' _. _.. _1 x%%/AYri\"OC ..... .-... _ _._._I6EALj I STATE O} E6ESII1/S1D( //,''CJ` / 6 i TFe fonYOfnf~' uum•nt . k er i<l,ed before ' / r ~~ > of .~y~CS.a.,,..4<~~ i' i 1DCy bd'• ~.c'[<?dE /rL('/.[-x.i'~~ G.mr/r~'Ri~c 7..w~ ~/c f,.<-.n~-i' ~, I _ [j' ' Y> a .ayirrr F~•1 p - . (p'~/ , R"i u.r•r mT Mod W of14L1 reJ, .~ : " _ ~~~. '0 ALL j a .. - '< .. I~ • I "! - .. ~ N. ft>. avr>rt,rrsm-Mm~a>+a+~e~uu.rtr.-.4 n...., e+.a. ~ , v'i I.f6 Ic i ~ .'.: r. ..~ .' '~ i E,~:BI-a• ~:-`245 .:.196 360.32 feet; the nee Sovth OB°45'30" E. 265.72 feet: th en ee y+ 14 f¢e t. on a - curve to the left Nava ne a radius of `112.91 feet. vh enee S. 56032' E. 271.00 feet; thence 97.52 `. eet on a'cunm `to the rauKE havme a zadnus of~179.08 feet: thence 5. 25020' E. 274.70 feet; thence'S8 .18 feet on a t`T¢ea'iLience left having a radius of ?00 v^ feet; thence 5~..4i2 '0=CC `E 7.59?4a6feetiih¢nce 232.17 feet on a cure m t .qn tha _ry a _a_ d9.7G f~¢t ~n :ve to the left.tiau nga :adivs of ?0n.5c {eef:' thence 5. 27034• W 12 ~.0 .ee L: thence 125.55 fee[on'e. curveto the lea ha vi ng a rad ivs of 62.61 .tzt rihence5: 87020' E. 290.00 feet; thence 116.+'0. fe¢t on a curve to t ^ ri9bt havihq a radius of 50.00 feet: ttrence 97.64 feet bn a carve b Lie ` .having a radius of 130.00 feet _t.S Cn„eL5 ng0aoraEive of 155.00 f =:: tht. n.e 114:65 feet ona wrv¢ to. the q 63. )+ feet: thence 91.34 fe¢t cn "a curee to th le.t h-:i "Ytldi u= of 9E.E1 .feet :: - ~ southerly 1i rr. o£ ti.e NEiEES c. sand Secta or 2S. ,. T. he 9rua ecs, for L:z nselves tnr rh<a s and a^_ a ns, ty a ce 'tan.:e hucof, gxee that in the evert of abancorie o `:onu a of said r ..ay fot 2w a - "shal_ revert to the yra:itors, conse cutivc 'ha's. ail-rn5^-s azo r.te0 hexc£y che'_t he irs and essinrs . an theat xc_taan Deed :¢zo rd ed ir. B>ak 23G:Page 703. of thG Aa tk an Cou my Aecoxds.' -_^-~ ~ R~w ~ t ~91~~ atYgl.et. A 7A. net 21, 79'~°~+ ..~°* ~ " ~. awe n '4 _, 4\. I'P.CItLfl. panx r ,: _ -. / .... ~'. rt»1w.4 3 a rxrgnexnn-rmi~ar.x„a..ia~. __._ :.iyy~t' b1Kl~~- JC10i PNTAA 1ZybY Inch day of November ie ?8 ,l.trael, ~, tM mreilMr !stem ehw adarausHBar 4?39,- alrn, CO, 81611 II ~.na eM l'U34IC TPUSSRN ditbi C+unq of .. s~~~a~~ 61a4 of Cotonda COUgtY ar City sad Canary Fe ahNh IAe er•penr dearribed WkYi Y ;btw•N, kt the ~Ykaeaa,tl~y'n. Gra,llarto exuw CSQ Ps.m4u+rY lroaN\/boar ~. wmW Tlxirty+vttrc tb tomaad i1x b 4aaewn dato lerea'i[0. firwat,forlaryµ Wrabi•tesMarderer;, AIJ11I 8. H unfired • xtq and No/100-- «-...«.«. I tM haeMmryMMnrMw • CSiryRD and ALICE 0. ~HIXdAED .__.... Ten years oadr.e.aRt• ,$tsa 963, Cotdtsfsville, YA rah .nxerratsMsyoll {yeel ~ t.t~, ~e la at 19.g0 ... .sR.reMx~tMnK' li 24 120 etjWl mmtyt Op 3 pwent renauw, ,.{a.( ` theratax. Atyerata shall C.xaaency cats ~3};, 7 SbClud~nna Drlncipi t d lntsra~j{~ wand 9 r reserves tM r1 ht "~ °tath fra the Cnta of Ball very of Dend+ after Dec r ~jQ D~'~giY he bo4x in hill ar Sn 11y 1F}j '"~„ Dart at any tier ~' ~Wla Ya+7RrsF.d mnwY Unenu Pull u.tr fWln.InR dw.rriyd.rnprty, si,uat•in xM CauntYa 1s1tiClp . atau ufcniar.aa le ri:: I Slte ~Btlaia, Boeticm 36, laababiD 8 Sarth, Range 87 float of the 6Lb k,M„ Tt~v,ttrr ritk a aan-axziwiYe anemByYnt for ingresaaad aPrasa anC tx locatian of utf2tty i.bes aver, tkrcagh andaoroes a tact sixty (6C~fert in ridtb, being 8actltat 2S, Taraablp II 8outk, Aangt 87 bleat cS the 6th F.M•, sots particularly doecribed fn that certain Dead ~'paeeaYlnt reeardad in'SOOk 2F;g I~ at ~gm 19!f of the racarda tar Ditkln Cavity, Colarado, and Toga'\.;La~,r~~ vltibSpa nppaiia-szc loaf ve eaaemant far 3ngraaa and e ~ beiag,'int9ectlaa .q~°kTa¢c,~UA°~q.~.tn}c~robaa L ct atit[t tk~e)afaept,yi~q rti,~yjtitet {I ~ a~t~,tn~"..w'~..~m4• tklrty 137 tedt~rn~oi~~r~iide~c6 tlfitceafas'2iw ~wr 7 .. a.oRrotmof94rYraeHwe.e wa\W.m wlmt w..wYr.:,aa werwwwuR w\na . ti W hblv.v..aw. ~.w~.~p, ~+~Y Nw~..bM\H.R pMLxYny,wly\y\py ~ ~ ~•fe•r 'wlnwrar Mi 1 Wytx. n.H.'waw MwM~{, 'arbr~.nf NiA.iw:M wH+IM•Hw w«l..wpr~wy,ywY~ji m'~ "'w•+bW~ IN Yy11arlwH a.wn.,rawaJ LYH1\.a yruaWNMM~gNM. YdM ~a4WJWMMr WH mMY• ry. ~N~~pQr~~awe~WN\sMWw~~Wp,er~•M~M1 6HW. wID wImMxM'w.\MP•r lit xr.w4wl\M HLM h+Y \a'awbr\wgr N••nwlM -' T, ~~w,~YEM1w1y4~~ t1~~I«w ~K~ irwM b41 MMw\ W MLM Y N. MMMHw\YH.,.M W ~!!~ . M H •.r •H rn•, Rr u wivl H H.• MwNI u M r+na•..'Ia TM °°"'"•"""^.--•><•.r raservatlaas, restrletims, N.Sbta of d'"*''y lw w;..,«„,, of Dub21c recardfiuailndi.rtg ya±btsotiw~ and aaaeaanta j~'x~f,» 1116 at tYh.Yarrecc°rdm ei' Firkin C eattRa 7~aarordsd id eomk wun\wwaxwr•, wawatfAf-?1~e~.1}~+~»W'r .aa~i'~ °nOtl'a CelOradga ~ ~:~ ~[ wM wa wl Nl w rri0 \aayIwM\ Mr4 •rwr'a. r..r... !!\Wwd nswnr W.«s.u.• "^w+R H\bwwar{Cawa.ar•1...._.._... . ~:`,~ %:~ ^+~~qrw ~; ~ erw lR•MeMn\ry DwwJlnb•~pa ` ., •a ~r r.`te'".G": Mn.nf'W'°~"""""~HD M.IRm rew .b~a«s~ Mr M Isr~"aa^\.rwa..~n ~~~~~1~..~'IM"w.•\.ir "~'xIw t .~~~~f~e in {ln n~wlw\ H! l4a.i rsew\i~~r~n ~ u «w a u M~•b Piw~~ ,,y Wr y t `{W AA~~NYIJ .+ie +e ip.trWht'q Min~4anex MM roxrWai W isr~ '"' W mu'^'(M W •yyy{ aiwwy brwry,~ ~y. ~i ~ b~lsa•eyrw >ap rwL 4 ba•, lH,}M brunxww WpnNq~~,y wk•~n 1x4~ruyt~~y ~l s~uMnxaa~y~,~~e.r MaO bswva~w ~Mbau M+r m Ix rbr 111N r1i Ot~~la{p.~r ~~~YrY~ }`~R" N'. '~ 4lxb ggTwf rMq lerw yy~,rH~r~"'~ .~ B~.YNA~. ui~ yI.MWwrc•~ bWOlMiprpMy\xYNxW ~~ wwrcwuWM~\e»txa\r•wlMraeJyw ,a Uae~prip~y;W M•mtga~r.\~•xR~, N111M y. ., ~ 1I epnWli•riw°rpry vdi xMn lab atyrGb.A n,1eW N~\1a~n,Wxlwlb „yam M~~ye,(y. 5ry~~ ' i+ ~vrr+w»lvnlw xm~ ~ rb nei Ryayrnpx~aWJw ibWnri ~~ ~wN ~I ~MM N~ ~ y ' pWn RH4wbnwnHHn w be. '~ a•.,. "eAY ~sr'<.,"oP U°~ "'. ,+~¢""1 ~.':~H...w...+1a'war .er a..wa ~,r ~' w,ra'w+, rH wa W yYay W\MM pN roAaww x~ H 1 n•n .w~~\Nn aN`i~aMN - ;+~];(~3~~~ \a r. . HYrM uVI~°w° wwMW~Ybu2.W w(~I.~w ~`IMt Yy. ~£ . q /} <` /~ ~ I~~ ~:, is ~ .:~SS"° ;. ~^T't1 '^tr^ra ~9~'tl..,"~_ (~.4~W ~,t.S~•.•««b..+w w....r. ~S'~ ~.vH ~' ti+,+ ~i w+. -. w > r ' W r+HHUa.\uam I, ~r F~~~p .,_,.«,..w.e...,,a.w,~~ ~3 LY>z, ~, ~ z~ .:1i r1U 4 21 r.J. . .. ~ i ... g Na. !rya-7BW..'7a-uenaba nti'fmn'aclrncros-awl r. -1!,..yu C~oxr -a..err.Ir W.R..rC:". iu ar.:. ri.«w: us..... c.+...w.,Ix..~ ..._ ;..~_ '• r I t .X,.3:~"~,wiJ~ i' .. ~!' .~ ~ nl4w FAT#". ~[1&' M J~ ~ ~.., .(aonti nand trop othor silo) pronto ,~ Polas~a~ assiggen~ aA eaaoseat torhi ngzea• an nv to Ciiarlea Y. CoL~ Js.e tM canter 1~ X60) tqS iD ridth~ trolnq thir+ P,rete aM.far n!llity liaoi ~ P~3oatR~ eitln8~ ~. °^d thrai,g rnd~aaroo. t~hoaithrr •idR o! and eoooa! Nabs 7 ldoat et the6th P,N, ' ~~~~: property as ~~ ~~ ~'a6ard tot the intop'ity of the he~~ AOBt teaafblf tEY P pewfe~aloaal • roSnWtore ~SOSagib,~ ~7~tislta7~tie~a ta+s•~`A° c1' 9Aratxuction, W~fchoeaaanentiMali o ~me ~ tw17,)~i~ r^~ ~~ `111 ,~ ~ f ~ ~ 3 ~ ~ ~ ; ~ ~ ,`' ~ ;~° ~ ~ ' ~ ~ ~. i y ~ ~ ~, o ~ i a ~ ~ - ~ ! ~~' T i L ~ a .7 •.N f W ~ r i _, t ~ I 1 i .:~ Recorded at Reception No. ... t~ci~x ~~~f ~,~s~~~ _ a z ~ o'clock M., "' 7J~,~; ~ N iN ~ ~~ -{t~e-- ~ t~~azurder.~ State of Colorado ) ~ A y -" ss. WARRANTY DF~D v C.7t County of Pitkin ) ao THIS DEED, made this 15th day of January, 1988 between Joseph A. Wells and Darlene Ann Wells of Pitkin County, Colorado, "Grantors", and Leroy G. Paas and Margaret V. Paas, whose legal address is c/o Limelite Lodge, 228 East Cooper Street, Aspen, ~ Pitkin County, Colorado, "Grantees": WITNESSETH, That the said Grantors, for and in consideration of the sum of Ten Dollars and other good and valuable consideration to the Grantors in hand paid by the Grantees, the receipt whereof is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the Grantees, their heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in Pitkin County, Colorado, to wit: The NW 1/4 SW 1/4, Section 36, Township 8 South, Range 87 West of the Sixth Principal Meridian, together with a non-exclusive easement for ingress and egress and for y location of utility lines over, through and across a ! -a tract sixty (60) feet in width, being in Section 25, -~-+ Township 8 South, Range 87 West of the 6th P.M., more particularly described in that certain Deed of Easement ~ m recorded in Book 245 at page 195 of the records for .,,; C Pitkin County, Colorado, and together with a non- C3 ~ m exclusive easement for ingress and egress and for ~ ~ location of uitlity lines over, through and across a tract sixty (60) feet in width, being in Section 36, -< ~ Township 8 South, Range 87 West of the 6th P.M. , the ~""""'" " "" "'? center line of which shall be thirty (30) feet on either side of the center like of the present existing road. County of Pitkin, State of Colorado. ~ TOGETHER with all and singular the hereditaments and JO appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, ', interest, claim and demand whatsoever of the Grantors, either in ~ law or equity, of, in and to the above bargained premises, with 1i the hereditaments and appurtenances. ', TO HAVE AND TO HOLD the said premises above bargained and ~. described, with the appurtenances, unto the Grantees, their heirs and assigns forever. And the Grantors, for themselves, their heirs, executors, and administrators, does covenant, grant, bargain, and agree to and with the Grantees, their heirs and ', assigns, that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have good right, full power' and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature, EXCEPT• ~uac 5~~ ~~aE l ~. ~ r ,~ :,. . 4. Easements and rights-of-way as contained in instrufients recorded in Book 245 at Page 195, in Book 360 at Page 488, in Boc 245 at Bage 413. and the aboved bar ained ' 'y q g g pegceabl ossession of the Grantees their heirs and asst ns a ainst and every person or personselawfulln claiminetornto claim teall whole or an he y part thereof, the Grantors shall and will WARR~+.NT AT FOREVER DEFEND. The singular number shall include the plural, th plural the singular, and the use of any gender shall be applicabl to all gender. IN WITNESS WHEREOF, the Grantors have hereunto set their hands the day and year first above written. State of Colorado ) ~~ ) ss. County of ~ ~ ,,~,,,E;The forego' Warranty Deed was acknowledged before ~__ day of .~ 1988 by Joseph A. Wells Darlene Ann Well ~-~ t~?,i.~ness my hand and offic'al seal. y1'ay~~'ommission expires: 3~~ `~~~ ~ ut ~ ~ y ~~ n ~ Notary u ~ 'i'7/b-.. r. s ~ ' ~ ~ 1 rr~.. I me phis andl I _>, i ~; ~. as 506 east main str± LAND USE APPLICATION aspen, Colorado E3 j i0 BE COMPLETED BY THE APPLICANT: ', VAME ~.__:,Leroy Raas ADDRESS 273/_ E. sopris Cre°k Road 5asalt, Co. 8162/ PHONE 927-3779'or Limelite Lodge 9253025 VAME OF PROJECT Lerov Paas Residence 104/ Review PROJECT LOCATION: (On attached sheet, locate on zoning map, showing boundaries of ahy natural hazard and resource areas, any other special regulatory districts, Section 5, Land Use Code; and locate on appropriate CSU/ ERA Maps any areas not covered by the above.) ', TOTAL XISTING USE(S) Vacant Lan< OSED USE(S) Single Family Residence 4000 Sq. Ft. roximate square age for each) Garage 2000 Sg. Ft. ENT ZONING OF SITE RS -30 PUD RIPTION OF LAND USE PROPOSAL Construct a Single family residence iscussed wi hich wildfire and possibl BE COMPLETED BY THE PLANNING OFFICE I PE OF APPLICATION: REZONING GROWTH MANAGEMENT P.U.D. SUBDIVISION SPECIAL REVIEW EXEMPTION BUILDING PERMIT REVIEW 35-acre + SUBDIVISI0~1 VIEW PHASE: PRE-APPLICATION DATE COMPLETEDII GENERAL SUB1+iTSSION P.C. ACTION DATE BOARD ACTION DATE' DETAILED SUBMISSION P.C. ACTION DATE BOARD ACTION DATE' FINAL PLAT BOARD ACTION DATE' {F ... -..•..l~uul[F3 .f r e .. PROJECT: _~~,~,,~st~n ~_ D(i„~- AI~PLICANT'S REP SENTATIVE: FJ-~a~~fi /qq~,s REPRESENTATIVE'S PONE: ~..._ OWNERS NAME is-~~° ,~a Ip, ~.~ ~.,a~~. ;;~. -~- ~ ~ i K SIINMARY ` 1. Type of Application: /0~=/ 2. Describe action/type_of development being requested:___,~______._ ~~ ,. ; . , 3• Areas in which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral AaPnt ~Lih ~~-~.~ - G`f6arftPi ~--~C_-~ .~ _~ ~ 4. Review is (P&Z Only) (CC/BOCC Only) (P&Z then to CC/$OCC) ~ 5. Public Searing: (YE (NO) 6. Did yo applicant to submit list of Arj~1;~~1r~'~ pR01~1tT'Y ~ OWNS (YE (NO) Disclosure of Ownership. (YES ;(Np) ', 7. what fee was applicant requested torsr~ubmit: ~ 8. Anticipated date of submissio~~~/ ~L ~~~~`~ ~9~~ 9• COMbfENTS/IINIQUE CONCERNS;.. J // 1 ~ _:_ .. `/ `o ~p3~2`i_d/S'tA c~.~a iin~. 4/~h~ ~ ~v ~~,,,~ ~2 //ir// r~ w .~,~ ~~ ~ ~~ ~.1 /.r ~ oY - _ -zar~rr~ ~- ~;-.A~..L 9.11 ; n \\y~ tia(t2 UYWC~ ~~4 lie lridVC'I Yt~4 \'\ U^--'~'~ ~ ~. ~~I ~ Oxi~tS 1 h. ~ R~!NG ~ moo. ~ ~, ~ Ratll ~~~~• . _ _ -~_._~~ .r_~ .r X ~ fl ~ ~ • ~ ' E1n a ~ ABM 658f~ ~~ ~f I~~ ~ J.f_ i~ i r -- - = 1111 _ -_ _ -_ _~ _:.. J -J--~~_J~ ~_.,_.~ [~ ~.~ / a -ii o :'I I~ I i ^ Oa _ saa n u _+a62a sG ~ ~ ~ ~ ~ ~ r~ i ~~ ~ I ~~ i~ 1D. it ~Oi~: it .`yon --~" ~~ m . r - ~ome ~~ n ~n I __ _. i I _ _ ... ~ ~~ ~ i ~ a ` ~~ ~~Opv Opp V ~ti V l2 ~ \ ~~'~ ~ \._.~ 1-Casa _ _ h', ~' FAA V'/ ~ r - ~ ~, - o ~x ;\ '. 14 V ~ r ~ _- - roy ~ ~~ :~ r / i ~ ~~ r __ ! r ~~ ~ v k r r- ~ -. o , f ;~. -~ ~I ~ ~_\ ~ 1'l/ ~7~-.~> ~ rr~\ ~ ire .~ ti I$r \ GR9~ F e o ti\ V-~-~ ~ %- A ~/ a ~C. <r-y~~~--~ ~~ ~/ ~) m n ~~ ~~ / r `r'te /~/ ~ ~ ~ A~ I --. \ 1 ~ r ~J1 ~~ tr rip ` V ~~ C~~?~ ~~ ~ ~ /l x~ ~ _ ~ c ~~_. r r~ ~~~ ~..~- ~ % ~~ ~/ ~-=-;~..~~-~,Si ~ \ j / ~~~ ~~' ~ ~ C r \S`' raj ~ ~l ~ ~ ~_ ~l -\\\r `,> - ~ Sr ~s ~ _ p / ~., s~.z S J Ux ~`~~.-~ ~ ~~~ / / / -1 ~_ ~/~1 j ^~ ' ,~/~~3sa„~ ' l ~ ~ ~ r r r 11 ~=-v'~ ~, , i r ~ ~. ~ ~ ~ ;~ ~ ~~ ' i ~ ~~ r / V a / ~ A r ~ ~ J y.. ~ ~,~~ f~t- ~ ~ ~ .r r k J / 1 ~ / % ii l ._ a ~« ~ ~ ~{~ ~/ ~ \ /~ ,~ V ~ \ \ `~L~//~~ I I~~i ~~(Iy~ / / ~~ ~~~ ~~ ~r\~ ~l~ j) l"\~~Y.T~ \ ~~Y / ~ 1~ `~~7~f ~~%7~ ~~`~1~~~~~''.\^~r \ \~. i ~ ~, ~ ~~ ~ rr.. d`t i r ~ --5. ~~~; ~° ~ r-/~ it /f f 6 G ~~ l/~ ~"~~ U ~~~ p ~~ ~ I A 1 / 1/~~ J ~~ / r x,//j~. i vo e F ~~ i 25 ~ ,-~ 1 r p '~/ r i ar r /.' r.L`~~ ~° ~l i~/ J' i ~ i / ~ ~ ~' ~V ~ V o _ ' A i rr i ~~~ ~ / r r l.._ .r'~. ~~ ~~/ ~1 V A ' ,,ti % ~~~,J/,~ /~ ~~'" i J ~ '1 ` '~ ~- \ ~ ~/ //~l ~~ ~ V G J ' ~x ~ V II~ \i~ r ~ J--~/i - - •r ~~1 ~~~ ~~~ V~'V n _ r i ~ I i~ x e222 000 ~ ;~~ Gr' ~ l~° /~ ~~~: ~~ ~~ ~ '~ ~ ~ ~- ----,~~~r,~ / ~ /~ i /, rt i ~ ~~ r /. ~ ~ ~_. ~~ ~-~ i i I l 1 \.-~ 1 I ~~ 1 J~ l ~ ~~ ~ 111 A r / ~^ / p ~ ~. ,~~ I ~ ~\ `~' / J ~. \ i`~~~ ~ ~ ;-~=~ ail'' ~~,~ ~; ~- , ~ ' r , ~ ~'`_ ~~' ~.. ~. ~ ~ a,ao a :_ ~~ 1/ / V ~ ~-"j ~ ~ `./ ~ r o~ I~ i ~~ v~ ~ \~~ r/ o ~ ~ I ~ J~~ r ~ ,. ~ ~ ~ ~BOJ21~ ,. ~ / ~~ 600 ~. eso° ~i - - J I~ \ l ,rr/ ~~ _ --~" i `- ff -..-~. ~ CERTIFICATE OF MAILING RE: PAAS 1041 GEOIAGIC, WILDLIFE AND WILDFIRE HAZARD REVIEFI I hereby certify that on this lOth_day of October, 1988, a true and correct copy of the attached Notice of Public Hearing was deposited in the United...States _mal, first-class postage prepaid, to the adjacent property owners as indicated on the attached. list of adjacent property owners which was supplied to the Planning Office_by the applicant in regard to the case named, on the Public Notice. frm.mailing By: Debbie Skehan Administrative Assistant r ~z PITKIN COUNTY TITLE, Ina ', Title Insurance Company 801 E. Hopkins Aspen, Colorado 81611. DATE : ~y~R~ 9 1988 (303) 925-1766 ~ DALE PAAS '' c/o LII~i.ITE LODGE 228 East Cooper Street Aspen, Colorado 81611. Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State. of Colorado hereby certifies the following list is a current list of adjacent property owners within 300 _ feet of the subjectproperty set forth on Schedule "A" attached hereto and made apart hereof, as obtained from the ~I most current Pitkin County Assessors Tax Rolls. ..~.u.., .,..., ~.,.,......,. ~. ~ ,. ~ NORBERT ANIHES and JODY M. ANfE3ES SECTION 36 ,, A PARCEL OF LAAID SITUATED IDI THE NWc OF O. BOX 19 t8 P 1C7dNSHIl' 8 SOUTtT, RANGE 87 WEST OF THE SIXTEi . ASPEN, COLORADO 81612 ~ jPARCEL N0.,2 ON ASSESSORS MAP) i FEfIDER FOUR, LTD., A COLORADO LIMITED PART~RSHIP . ~_ .,., E'~zSF'Yc, 1WSEa> and S'4SE SECTION 35, TOWNSHIQ . " ' , 0513 SOPRIS CREEK ROAD Tf3E SIXiH 411;5' OTF 9 SbtTlx, RANG $7 CARBObIDALE, COLORADO 81621 (WEST OF SUBJECT PARCEL) A PARCEL OFLAND SITUATED IN SECTION 36, ~~ ~~ RANGE 87 WEST OF TES SIXTHS TOWNSHIP 8 SOUTH 1020 EAST HYMAN AVENUE , ON ASSESSORS MAP) ~ ~. (PARCEL N0. 4 ASPEN, COLORADO . CECELIA JANE FREW RIGSSBY A PARCEL OF LAND SITUATED IN SECTION 36, ,.. L' i S SI T 11159 ~ X E TOWNSHIP 8 SOiT1H, RANGE 87 WEST OF 6325 NORTH VLTi.A . (PARCEL.NO. 4 ODI ASSESSORS MAP) .. ' OIQ.AHOMA CITY, OKLAHCILA 73112 . , DONALD C. SABIN ~ c% ROBERT J. MILLER, ACCOUNDINI, INC•, A PARCEL OF LADID SITUATED IN SECTION 36, 24242 PASEO DEL CAMPO Ta7NSHIP 8 SOUTH, RANGE 87 WEST OF THE SIXTF)II LACUNA NIQIEL., CALIFORNIA .92677 ~. (PARCEL N0. 7 ONASSESSORS MAP) i tx71'E: DUE TO THEINCO~fE1E RECORDS OFTCE ASSESSORS OFFICE, I WAS UNABLE TO FTSID A 52 ACRE PARCEli ~ ... _, ~.m. .~ AS SHOWN ON THE ASSESSORS MAP LOCATED IN SECT~GN 35, TOGfiIS~ 8`StiUTH, RANGE 87 WEST OF THE _, _ ~... SIXTH, SITUATED NORTHWEST OF THE SUBJECT PARCEL. ~~C,~ rs'~ ftr CGS>rG- ~ F- ~ ~ /4"GV2 ~/l Yc,e / ~~,/ SG~G f .'c./ ~ J T<>r.-'F2~T~ I~ / _~~AGE ~~5 St. Dudes Company / ' Att. Mr. Reno Cerise ', P. O. Box 885 ' Basalt, Co. 81621 - / / ~i' u, E""e I PUBLIC NOTICE RE: PAAS 1041 GEOLOGIC, WILDLIFE AND 'WILDFIRE AAZARD'RE~IIEW NOTICE IS IiEREBY GI~IEN that a public hearing will be held o Tuesday, November 8, 1988 at a meeting to begin at 9:00 A.M: before the Pitkin County Planning and Zoning Commission; Commissioners's Meeting Room, 506 E. Main Street, Aspen, CO, tb consider an application from Dale Paas requesting 1041 Geologic; Wildlife and .Wildfire Hazard Review. approval in order to construct a 4,000 sq. ft. single-family residence and garage on 39.862 acres of land which is zoned RS-30 PUD. The property i~ generally located off of the East Sopris Creek drainage, west of East Sopris Creek Road more specifically described as being in the NWl/4, SW 1/4 of Section 36, T8S, R87W. For further information, contact the Aspen/Pitkin Planning Office, 130 S. Galena Street, Aspen, Colorado 81611 (303) 920- 5090. s/Jim Reser Chairman,` Pitkin County Planning and Zoninq Commissiofi Published in The Aspen'Times on October 6, 1988. Pitkin County Purchase Order No. 41370 v._:. , ~« M..d...r.n w .«»n.-.~,...-.,:a..~~.~«„~ -...,,bwm~.. ~-,ry,. r. w... w vrc-. .~, rv~e ercre~s wuar~r~ _ ~~~ ~.. i MEMORANDUM TO: County Attorney County Engineer Environmental Health Colorado Division of Wildlife FROM: Buddy Lucero, Planning Office RE: Paas 1041 Hazard Review Parcel ID# 2465-363-00-010 i DATE: August 9, 1988 ', -=°== I Attached for your review and comments is an application submitted, by Dale Paas, requesting 1041 Hazard Review for a 4,000 sq. ft. single-family residence and garage on 39.862 acres of land which', is zoned RS-30 PUD. The property is generally located off'of the', East Sopris Creek drainage west of East Sopris Creek Road. '~ Please review this material and return your 'comments no. lat than September 9, 1988,:. so we have time to prepare for i presentation before P&Z. Thank you. 0 ,, PROJECT Project APPLICAN Applican REPRESENTATIVE: (~./ Representative ddress/Phore:_ --_, - - - --- PAID: 'ES NO AMOUNTc ~o7s00 1J TYPE OF APPLICATION: 1 STEP: 2 STEP: i 2) IF 1 STEP APPLICATION GOES'TO: P&Z BOCC PUBLIC HEARING DATE: ~ VESTED RIGHT: YES NO _* 3) PUBLIC-HEARING IS BEFOREc k " P&Z BOCC N/A DATE REFERRED:. ~ ' ~ ' ~ 4 INITIALS : (' ___~-- STAFF L.z'VEL: 1041 HAZARD...REVIEWd DATE `OF APPRO'VAL_. _. i - - REFERRALS: /~ounty Atty /County Engr Housing Dir. Aspen A'ater ~~ ity Electric `~ Envir. Y'.lth. ~bunty My^r. /Div. Wildlife Trails Dir. Aspen Consol S.D. School District I+Itr--. Bell Roc3:y Mtn Gas '' r r I; ~ Holy Cross Electrc (Glwd) GrJtn) ~ Fire Marshall Bldg Zon/Inset! S~owmass Vill. Colo Geo Survey F:.A L'SFS .State Plan., Off. Div. Water Res. other: Other: FINAL ROUTING: DATE ROUTED: '~~/ P'O INITIAL: ~~~ County Atty ~ County Engineer Building Dept... Housing Dir. Envir. Health Other ' ~ i FILE STATUS AND LOCATION: ~it%/ + ~ - ~~ ` r /''. ~~'~ ~~ I i '. 4` LARGE PLAT(S) AVAILABLE TO VIEW AT COMMUNITY DEVELOPMENT AVAILABLE TO BUY AT CLERK & RECORDER