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DOCUMENT LAYOUT
THIS FILE .MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P&Z
Ordinance for the BOCC and/or P&Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat copies (11x17)
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DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT
DEPARTMENT OF PITKIN COUNTY, COLORADO, REGARDING THE WEBB 1041 HAZARD
REVIEW AND CONCEPTUAL SUBMISSION
Determination No. 99-a(O
RECITALS
1. Gerald D. Webb ("Applicant") has applied to the Pitkin County Hearing Officer ("Hearing Officer's '
for 1041 Hazard Review approval to establish a building envelope to construct asingle-family residence and '
accessory stmctures.
2. The pazcel is located on the south side of Highway 82, just northwest of the Wingo bridge, and is
more specifically described in Exhibit A.
3. The parcel is zoned AFR-10 and contains 0.818 acres.
4. The Hearing Officer heazd this application at a public hearing on October 19, 1999, at which time
evidence,and testimony were presented with respect to this application.
5. The Hearing Officer finds that the proposed building envelope is located on slopes of less than 15%
with a small area of slopes in excess of 30%, on which development may be permitted pursuant to the
provisions of Section 3-80-050(C)(2)(a) of the Code; avoids mapped wildlife habitat, riparian areas and the
100 year tloodplain; and that the wildfire hazard for the pazcel is rated as low, and can be mitigated.
NOW THEREFORE BE IT RESOLVED that approval is hereby grantedby the Pitkin County
Hearing Officer for the Webb 1041 Hazard Review and Conceptual Submission,'subject to the following
conditions which shall run with the land and be binding on all successors in interest:
1. The Applicant shall submit an amended 1041 Site Plan to the Community Development Department
for approval and recording, prior to submission of any building permit applications. The site plan
shall also be submitted in digital format for integration into the County's GIS system. The sife plan ~
shall be modified as follows:
A. Include the following disclaimer: "1041 environmental hazard areas exist that might ~
affect the property, any improvements, and the use and occupancy thereof"
2. Prior to submission of an ISDS permit, the Applicant shall provide documentation to the
Environmental Health Department of an adequate quality and quantity oaf water from the well.
3. Prior to submission of any building permits, the Applicant shall:
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A. File a fireplace/woodstove permit with the Community Developmentbepartment.
B. Obtain an access permit from the County Engineer for the proposed driveway. The
driveway and existing access must comply with the requirements of the Basalt andRural
Fire Protection District.
C. Submit a drainage and erosion control plan for review and approval by the County Engineer.
The plan shall address the proposed grading within the building envelope, and detail
measures to manage runoff and silt and debris containment during construction. ',
4. The plans submitted with the building permit application shalispecify the historic grade on the
property, as per the topography shown on the "Nickel 1041 Site Plan," which shall be used to
calculate the allowed height of future development.
5. Prior to issuance of any building permits, the Applicant shall obtain approval of an ISDS permit from
the Environmental Health Department. The septic system must comply with all minimum horizontal
setback requirements between its components and physical features. A qualified professional
engineer must design the system. The septic system shall be located within the building envelope. If
technical considerations; such as percolation rates, necessitate location of all or a portion of the septic
system outside of the building envelope, the Community Development and Environmental Health
Departments shall review and approve a septic system location outside of the bilding envelope.
6. The Applicant shall comply with the following wildfire mitigation standards:
A. Low, non-woody vegetation shall be maintained within a Ibfoot perimeter around all
structures.
B. Roofs shall have a Class A ,non-combustible roof system. Wood shake/shingle roof
coverings and flat roofs (up to a 3:12 pitch) are prohibited in all wildfire hazard areas.
C. Vents shall be screened with corrosive resistant wire mesh with mesh'% inch maximum.
D. Roofs and gutters shall be kept clear of debris.
E. .Yards shall be kept clear of all litter, slash, and flammable debris. '
F. All flammable materials shall be stored on a parallel contour a minimum of I S feet away
from any struchire.
G. Weeds and grasses within the 10 foot perimeter shall be maintained to a height not more
than 6 inches.
H. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from '
the stucture.
I. Swimming pools shall be accessible to Fire Department vehicles.
J. Fences shall be kept clear of brush and debris. ',
K. Wood fences shall not connect to the structure.
L. Any outbuildings or additional structures shall adhere to the same standards as structures.
M. Fuel tanks shall be installed underground with an approved container.
N. Propane tanks shall be in§talled according to NFPA 48 standards and on a contour away
from the structure with standard defensible space vegetation mitigation around anyabove-
ground tank. Any wood enclosure around the tank shall be constnacted with materials
approved for 2 hour fire-resistive construction on the exterior side of the walls.
O. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher
placed in a visible and accessible location.
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Hearing Officer Determination No. 99-~
Page 3
P. Addresses shall be clearly marked with 2 inch non-combustible lettets and shall be
clearly visible at the primary point of access from the public or common access road and
installed on anon-combustible post:
Q. New utility lines shall be buried.
7. The Applicant shall comply with the following measures to mitigate impacts to wildlife: ',
A. Fencing outside of the building envelope shall comply with the fencing regulations in the
Land Use Code.
B. Native. vegetation shall be maintained outside of the building envelope. Additional
landscaping outside of the building envelope may be allowed, subject to a landscaping plan
that shall be reviewed and approved by the CommunityDevelopmentbepartment.
C. Vegetation removal within riparian areas and disturbance of ground cover adjacent to
streams is prohibited.
D. Weeds shall be controlled on the property as per the 1999 Pitkin County Weed Management
Plan.
8. The Applicant shall provide sedimentation control during construction to ensure that sediment is
retained on-site and does not impact the 100 year floodplain of the Roazing Fork River.
j
9. No development activity, including grading, landscaping, vegetation removal or disturbance, and
septic system, shall occur outside of the building envelope, with the exception of driveway and utility
installation and maintenance, any reduction in the height of theberms adjacentto the highway, and to
install a fence.
10. For any free mazket residential structure of 5,000 gross squaze feet or greater, the Applicant shall
comply with Section 4.01.01(B) of the Pitkin County Road Management and Maintenance Plan,
which requires the Applicant to provide construction trip and residentialtrip generation studies. The
Applicant shall comply with this provision as it is in effect at the time of building permit issuance to
the satisfaction of the County Engineer.
11. The Applicant shall adhere to all material representations made in the application or in public
meetings.
12. The vested rights for this approval shall expire three years from the date of approval on October 19, ~
2002.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES;WEEKI.YOnthe
18th day of September, 1999.
APPROVED AND ADOPTED this 19v' day of October, 1999.
PUBLISHED AFTER ADOPTION FOR VESTED R~AI. P'.
ASPEN TIMES WEEKLY on the l~lday of Nov v, 1999.
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f"P27KIN'CDUNTY"CG`
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Hearing'O~cer Determination No. 99- 2 (p
Page 4
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ACTT-EST:
Tenley Taylo~
Administrati Assis t
APPROVED AS TO FORM
COMMUNITY DEVELOPMENT
DEPARTMENT HEARING OFFICER
OF PITKIN COUNTY; C(OLO~RADO
BY~i1..~..2_C i'.tWY~____
Lance Clarke, Hearing Officer
Date 11~1~99'
APPROVED AS TO CONTENT:
John Ely; Cindy Houben,
County Att y Community Development Director
carevm110/25/99
P125-99
PID #2467.201-00-006
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EXF?IBIT ~.A..
LEGAL DESCRIPTION
A Trac'- of Lard situated in Tract 55, Township 8 South, Range 86 West',
of the S~:~th Principal Meridian, mare fully described as follows:
aEG_NNING'at-.a aoint in tze canter of the Roaring Fork River, whence
the A.p. Corner No. I of Tract 57 and A.P. Corner No. 8 of Tract 56 of
said Township and Range bears North 3x'40' West 3071.84 feet;
T`:ence South 13°03' East 140.0 feet to the Ncrtherly 1i.^_e of the
D. & g. G.' Railroad;
T!:e_^_ce Ncrth 8?'30' East 123 13 feet along the Nort::erly line of the '
D. « R. G. Railroad;
Thence South 34°40' East 2°I.2 feet along the vort!:erly line of the
D. 5 R. G. Railroad to its intersection with the Westerly line of State
~chway Yo. 3~'
Thence North 48'59' West 200.00 feet along the Westerly line of State'
?:ig hc:ay No. 82;
Thence North 86°50' West 266.3 feet to the ce*_ter of the Rcarirg For:
River, t e point of beginning.
COUNT? OF aPIT4IN,
STATE CF COL03AD0
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437828 13718/1999 01:02P DETERMIN'DAVIS SIL:VI
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MEMORANDUM
TO; Lance Clazke, Pitkin County Hearing Officer
FROM: Suzanne Wolff, Senior Planner*
RE: Webb 1041 HazazdReview and Conceptual Submission
DATE: October 19, 1999
REQUEST: The Applicant requests 1041 Hazard Review and Conceptual Submission approval to estabflish
a building envelope to construct a single family residence and accessory structures.
APPLICANT: Gerald D. Webb
REPRESENTATIVE: Scott Harper
i
LOCATION: South side of Highway 82, just northwest of the Wingo bridge
ZONING/LOT SIZE: The. pazcel is zoned AFR-10, contains 0.818 acres and is non-conforming in size:
BACKGROUND: 1041 hazazd review approval was originally granted bythePlanning Director in 1990,
pursuant to the site plan recorded in Plat Book 24 at Page'1. In addition, the Board of Adjustment
subsequently granted a 100 foot vaziance to the required 200 foot highway setback for the building
envelope. The vested rights for these approvals have expired.
As part of the widening of the highway in this area, CDOT condemned 7,718 square feet of the property; the
parcel originally contained 0.995 acres. With the relocation of the highway right-of--way to the west, the
previously approved building envelope is now located only 58 feet from the property line, where 200 feet is
required. The Applicant is concurrently seeking a new variance from the Boazd of Adjustment.
REFERRAL AGENCIES: Comments from Zoning, Engineer and Wildlife Biologistare incorporated
throughout this memorandum and aze attached for reference.
STAFF COMMENTS
1041 HAZARD REVIEW
Wildfire: The parcel is within a mapped low wildfire hazard azea.'The building envelope is set back from
the top of the slope that drops down to the Roaring Fork River and is primarily void of vegetation. Staff has
included the wildfire mitigation standards from the Code in the conditions of approval
Wildlife: 'There is mapped mule deer and elk winter range within '/z mile of the property, but across the
river. Jonathan Lowsky, County Wildlife Biologist, states that this habitat will not be affected`by the
proposed development. He also notes that the property intersects the riparian zone, but that the majority
of the quality riparian habitat occurs on and below the old riverbanks on the west side of the property.
His recommendations to minimize impacts on the riparian area are included in the conditions.
,~
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Geologic: The building envelope avoids the steep (60%) slope that drops down to the river. The building
envelope is located on slopes of less than 15%, except for a small area of slopes in excess of 30%where
CDOT built a berm on the north side of the property. Section 3-80-050(C)(2)(a) allows development on
slopes in excess of 30%, when the slope is due to a minor man-made change in the gradient of a continuous
slope, the slope is not subject to instability and the development complies with other regulations.. Staff finds
that the area of steeper slopes within the building envelope complies with this provision, and that the
building envelope, as proposed is acceptable.
Floodplain/Riparian Area Thebuilding envelope avoids the 100 yearfloodplain of the Roaring Fork River
and anyriparian areas adjacent to the river.
CONCEPTUAL SUBMISSION
Water & Sewer: There is an existingwell on the property. The Applicant proposes to install an individual
sewage disposal system (ISDS).
Access: The building envelope is accessed on an existing driveway that was constructed by CDOT during
the highway construction. Bud Eylaz, County Engineer; requests that the Applicant provide a copy of the
CDOT permit for the driveway or a`copyof the agreement for approval of the access. He also questioned
whether the angle of entry is adequate for emergency vehicles to turn right into the property from the up
valley lanes. Staff asked Steve Howard of the Basalt and Rural Fire Protection District to determine if the
driveway is adequate, but has not yet received his comments. Staff has included a condition that the
driveway must comply with the requirements of the Fire District.
Preservation of Natural Landscape: As noted in the application, a temporary easement was granted to
CDOT to atilize a portion of the property in addition to. the azea condemned for'the righf-of-way during
construcfion of the highway. The owner is currently working with CDOT to restore the azeas disturbed
during construction. The Applicant proposes to lower the height of theberms that were constructed by
CDOT in the eastern portion of the pazcel and possibly to install a fence. The fence may require a variance
from the Board of Adjustment .
Drainage & Erosion: Mr. Eyler requests that the Applicant provide a drainage and erosion control plan at
building permit submittal The plan shall address the proposed grading within the building envelope, and
detail measures to manage runoff and silf and debris containment during construction.
Zoning Issues: The Board of Adjustment granted a variance from the 200 foot highway setback in order to
accommodate the proposed building envelope, with the: condition that the Applicant request a variance for
the specific structure once plans are prepared.
Joanna Schaffner, Zoning Officer, recommends that an "historic grade" be established in order to calculate
the allowed height of future development, given the extreme grade changes that have occurred on-site. Staff
~_
suggests that the original "Nickel 1041 Site Plan" ooul be used'to establish ~iistorta grade"'sinoa it includes ~
the topography of the property in 1990, which was before CDOT regraded the site.
RECOMMENDATION: Staff recommends approval of the Webb 1041 Hazazd Review and Conceptual I
Submission, subject to the conditions of approval.. in the attached Heazing Officer Determination.
Attachments
1. Zoning
2. Wildlife Biologist
3. County Engineer
Application and Site Plan provided separately
cazevm130/14/99
*MS. Wolffis aprofessional planner with aBachelor'sdegree in UPoan SNdies from the University of Pennsylvania.Ms.Wolff has workedfor [he ASpeh7Pitkin County Community
Development Deparunent for ]years, and as a Planner within that department for 3'k years ih her planning position, Ms Wollt'has reviewed numerous land use applications pursuant to the
Pitkin County Lend Use Code. - '
~. i
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X-Sender: joannas@comdev (Unverified)
Date: Wed, 06 Oct 1999 1.1:31`.47 -0600
To: suzannew@co.pitkin.co.us
From: Joanna Schaffner <joannas@ci.aspen.co.us>
Subject: Webb 1041 hazard review
have reviewed the above application and offer the following comments.
1. Last night the Board of Adjustment granted a setback variance. to allow.
for the building envelope as proposed with`the conditions that the
applicant must return to the Board when actual development is proposed for
the envelope, and that the approval for the envelope will expire within
three years if development hasn't been occurred.
Otherwise, since the site has undergone extreme grade changes, an "historic
grade" should be established. Height of future development will be
affected by this determination:
rm a or uzanne o <suzannew co.pi m.co.us>
~'"
PITKIN COUNTY WILDLIFE MANAGEMENT
MEMORANDUM
TO: Suzanne Wolff, Pitkin County Community Development
FROM: Jonathan Lowsky, Pitkin County Wildlife Biologist
SUBJECT: Webb 1041 Hazard Review
DATE: 10/11/99
The Webb property lies adjacent to the Roaring Fork River and intersects the riparian zone. The majority of
the quality riparian habitat occurs on and below the old riverbanks on the west side of the property. In
addition, the property lies within a ~h mile of elk winter range and mule deer winter range and a winter
concentration area. This habitat, however, is on the west side of the Roaring Fork River and will not be
affected by this development.
Given the above, the following conditions should be applied to m;n;m;2e impacts to wildlife:
1. All of Section 3-80.80(G) of the Pitkin County Land Use Code applies to the west end of the property
below the crest of the bank indicated on the site plan.
2. The building envelope should be set back 15 feet from the top of the bank described above to protect the
riparian habitat and the wildlife. that occurs there.
3. Fencing outside the building envelope must comply with Section 3-80.80(A)(10) and 3-80.80(A)(11) of
the Pitkin County Land Use Code.
4. Native vegetation must be maintained outside the building envelope as per Section 3-80.80(A)(3) of the
Pitkin County Land Use Code. hi addition, native vegetation must be maintained within the building
envelope to the maximum extent possible.
' 76.SERVICE CENTER ROAD ASPEN, CO •8161 i. ,..,...
PHONE: 970/920-5345`•FAXi970/920-5'374 - ''.
~ .: ,.
Date: Wed, 6 Oct 1999 09:.46:.1:8.-0600 (MDT)
X-Sender: bude@pubwork
To: suzannew@co.pitkin.co.us
From: Bud Eylar <bude@ci.aspen.co.us>
Subject: Webb 1041
~~ ~,
Suzanne, I have reviewed the application and have the following comments:
1) The applicant refers to the legal access from SH 82 as shown on the site
plan. The applicant should provide details of the agreement detailing the
approval of this access to the Highway or provide a new or revised CDOT
access permit.
2) The angle of entry to the Highway is at a sever angle. It should be
improved to allow for better turning for right turns from the up valley lanes.
3) The applicant shduld,provide a drainage and erosion control plarrbefore
the issuance of a building permit. The plan shall at a minimum provide
information on the proposed grading within the building envelop and shall
detail how the applicant plans to manage runoff and silt adn debris
containment durning construction. Bud
~~ "~~
-- LAW OFFICE OF
Scott Harper
PROFESSIONAL CORPORATION `
PLAZA 117 AABC, SU[TE 101 I
ASPEN, COLORADO 81611
Michael A. King, Esq.
AssistanC Attorney General
1525 Sherman St., 5th Floor
Denver, CO 80203
(970) 544-5000
December 10, .1998 TELECOPIER (970) 920-7631
Re: My client -Jerry Webb/COOT Condemnation
Pitkin Countv District Court Case No 98 CV'97=1'
Dear Mike:
Enclosed herewith please find (1) the "Complete Appraisal Leading to Summary Report
Estimating Just Compensation" for Mr. Webb's property prepared by David N. Ritter of The
Appraisal Office and; (2) Mr: Ritter's Invoice for services rendered.
Mr. Ritter has arrived at an "Indicated Value Prior to Taking" far the subject property on
the effective date of appraisal of Three Hundred Forty-Five Thousand Dollars ($345,000.00).
The report concludes that there has been a complete taking of the subject propertydue to
the loss of any viable building envelope (see mapsat pages 40 and 41 of the report) as a result
of the existing 100' arterial highway setback for the property (a variance from Pitkin County's
200' setback requirement was previously granted by the Pitkin Couity Board of Adjustment).
As Mr. Ritter states at page 26 of his report, there is no possibility of relocation of the building
envelope due to the topography of the property.
Based on my experience, familiarity with the area and knowledge of current market
conditions, I believe that Mr. Ritfer's indicated value for the subject property and his conclusion
that there has been a complete taking of the reroa~ttdet• are both accurate: Accordingly, Mr. Webb
is entitled to payment in the amount of $345,000.OOless any consideration previously tendered
in connection with agreement for possession and use.
I look forward to hearing from you at your earliest convenience.
Very truly yours,
SCOTT HARPER PRQFESSIONAL
CORPORATIbN
By
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~c: Webb
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DISTRICT COURT, PITKIN COUNTY, COLORADO
Case No. 98-CV-97, Division 1
Petitioner,
v
GERALD D, WEBB;
PITKIN COUNTY BANK & TRUST CO.; and
THOMAS CARL OKEN, as Public Trustee„and Treasurer of Pitku~ County,
Respondents.
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THIS MATTER having come before the court. upon the court's Notice of Dismissal for
Failure to Prosecute unless the parties, by written motion, show cause why this matter should not
be dismissed, and the court having reviewed the parties.Stipulated Motion and being otherwise
fully appnsed in the matter:
IT IS THEREFORE ORDERED, ADJUDGED, and DECREED hat sufficient cause, has
been shown not to dismiss the matter before the court and this matter be, and is hereby continued
.., ~..~,..~ ..o-rv~.~,_W. ,,.~.;~,,.-a.~,, ~_ zs~-,- ,, ., i
pending completion of a 1041 and setback variance request with Pitkin County.
IT IS FURTHER ORDERED that, after the expiration of 30 days from fmal resolution of
the 1041 and setback variance request before Pitkin County, either party may request the court
/ , I
Cane No. 98-CV-97 P'a~
,~-- ORDER
Page 2
appoint the commission and that the comrmssion convene to take their oath, receive instructions as
to their~duties from the Court, view the premises, and rece/ive testimyony.
/Gf ss /11r,~/' / S ,sw~ ~'~' •[ S7~A'7~wS G~ii1.d Oy 9/~7yZ/p!~
DATED this ~~~ of r 1999.
CEP.TIFICATE C -c~ SCE
Ice° ,t' ;~ rc IN~
i toregc ~ 'o ~ 9 i~C.
this ~ dz; of _, 19~
CPC 1
10!18/1999 16:38 .9707040625 BASALT FIRE/RESCUE
BASALT & RURAL, FIRE PROTECTiJN bi$1
'Neigh' bo*~ Iiel~lirtg neigYtCOrS in Nme of need"
OCwber 1$, 1999
Mr. Scott Harper
320 West Main St.
Aspen, CO 81611
Re: Gerald Webb 1041 Review
Dear Scott,
PAGE 01
--
I have visited the site referenced above and evaluated the access driveway. It is a tittle
tight considering that it turns back do v~ey resting a hairpin type turrr. if road base
is'added to fill in the area between-~k~t way to cteate a larger lion pad at
the entrance, I believe that it would ti6 a~j~ +' ~,,(dL'ally, the beak should be cut back so ,
oat@=
that the dimension from the cetuar iatie~maker of th~"trkS~~~leay lanes to the bank is ai least
100 feet. The area within that'd~¢}ension should have to road base to support a
60,000 pound vehicle.. ~~ ~`~„ ,`~ ~k
If you have. any quesuons~~all htj
~°~ :' Y
Sincerely, t, ~.; ~ ~~ d
~ / ~ ~ , . ~~ ~. ~ x"4.;'4,
/~/ ; n' ~ .
Steve Howard .. -. ,.w%
Fire Chief ~"~~
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P.O. Box 801 •20 School Street • easaR, CO 81621
(970) 927-3385 •'Fax (970) 927~936r
r.
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LAW OFFICE OF
Scott Harper
PROFESSIONAL CORPORATION
PLAZA 117 AABC, SUITE 101
ASPEN, COLORADO 81611
Suzanne Wolff, Planner
Pitkin County Community Development
130 South Galena
Aspen, CO 81611
Re:
Dear Suzanne:
August 27, 1999
(970) 544-5000
TELECOPIER (970) 920-7631
Delivered herewith please find 8 copies (unless noted otherwise) of the following
information requested in the Pre-Application Conference Summary for the above referenced
ProPertY~
1. This letter of request.
2. 24" x 36" Site. Plan with updated survey information showing amended lot line
and grading.
3. Consent and. authorization letter authorizing this fmn to act as owner's
representative, and including owner's name, address and telephone number (1
coPY)•
4. Parcel description, including legal description and vicinity map (incl. on Map).
5. Copy of pre-app form (1 copy)..
6. Check from Scott Harper, P.C. Trust Account for Application Fee in the amount
of $1430.00 ($1110.00 Planning Deposit, $160.00 Engineer, and $160
Environrnental Health).
7. Ownership Certificate from Pitkin County Title, Inc. certifying ownership in
Gerald D. Webb.
8. Certificate from Pitkin County Title, Inc. documenting how and when the parcel
was created (2 copies).
9. Certificate from Pitkin County Title, Inc. documenting chain of title and non-
merger of subject parcel and all adjacent parcels (2 copies).
10. CDOT relocated the driveway during four-laving of Highway 82. Lega] access
is from Highway 82 as shown on the Site Plan.
11. Agreement for Payment form (2 copies).
12. List of all adjacent property owners. This list was prepared from the
information supplied to this office by Ann Stark of the Aspen/Pitkin GIS Office
(1 copy).
Following is the information requested with regard to the relevant Land Use Code Sections
as set forth in the Pre-Application Conference Summary:
.~
Suzanne Wolff, Planner
Pitkin County Community Development
August 27, 1999
Page 2
A. Section 3-60, Environrnental & Aesthetic Standards:
1. Air Quality: There will be no impact on air quality as a result of construction of a home on
the property. Applicant requests that one fireplace and one other certified wood burning
device be approved.
2. Preservation of Natural Landscape: A temporary easement was granted to CDOT on a
portion of the property during construction of the four lane on Highway 82. In addition, it
appears that additional fill placement occurred outside the temporary easement during
relocation of a gas line and a large boulder was relocated into the previously designated
building envelope on the property as shown on the site plan submitted herewith. On July
12, 1999, while on site, I spoke with Bill Harris, supervisor for Kewit West Construction,
CDOT's contractor on the Holland Hills portion of the Highway 82 project. He advised me
that they were beginning revegetation and restoration of the temporary easement. Issues
remain to be resolved with CDOT regarding their responsibility for restoration outside the
temporary easement. Applicant intends to return the entire property as near as possible to
its original condition prior to CDOT's work and otherwise intends to preserve the natural
landscape. Berming exists, as shown on the site plan, which reduces noise and visual
impacts from Highway 82. However, the newly completed section of highway adjacent to
the property is at a significantly lower grade than previously. Applicant believes that some
lowering of the berm would be appropriate without negatively impacting the noise and
visual impacts from the highway and that erection of an aesthetically appropriate fence
would be beneficial to the property.
3. Scenic Overlay: The property is within an identified area per Section 3-60-040 B.l.a. of the
Land Use Code. Due to the existence of the berms, as described above and shown on the
site plan, any future structure(s) on the property will be screened to the maximum extent
possible andno visual impact from Highway 82 is anticipated.
4. Scenic Quality: Development on the property will avoid alterations to the natural landscape
which are visible from other properties and public' use areas and will utilize the
aforementioned berms and natural topography to screen buildings the maximum extent
possible.
5. Solar Access: Location of the building envelope creates maximum unobstructed sunlight for
any buildings that maybe built.
B. Section 3-70, Water Resources:
An existing well is located on the property. A well test was previously conducted by
Samuelson Pump Co. of Glenwood Springs, Colorado indicating adequate water supply for the
property. A copy of the well testis attached hereto.
C. Section 3-80-040, Flood Plain:
A .portion of the property is located within the 100-year floodplain of the Roaring Fork
River. The building envelope is "well above the 100 year flood boundary of the Roaring Fork
n
Suzanne Wolff, Planner
Pitkin County Community Development
August 27, 1999
Page 3
River and other drainages cannot affect the envelope" (letter of December 3, 1989 from Nicholas
Lampiris, Consulting Geologist). There will be no development on the property within the
floodplain.
D. Section 3-80-050, Geologic Hazard Areas:
There aze no known geologic hazard areas on the property, except as referenced
hereinabove at section C. The steep bank down to the river will be avoided for purposes of any
construction and the previously recommended 15' setback from the top of the bank will be adhered
to.
E. Section 3-80-070, Wildfire Hazazd Areas:
The property is mapped as a low wildfire area.
F. Section 3-80-080, Wildlife Habitat Areas:
There is mapped mule deer and elk winter range across the river approximately''/4 mile from
the property. The prior Nickel 1041 approval stated that the mapped habitat azea was not relevant
to this property. There will be no changes to the riparian areas along the river and they will remain
undisturbed.
G. Section 3-110, Improvements and Services:
Extension of utilities, sewage treatment and collection; installation of public utilities,
signage, lighting, driveway and pazking will be in conformance with the standards of this section.
Water supply has been addressed herein at paragraph B above. The property is located within the
Basalt & Rural Fire Protection District.
Please let me know at your earliest convenience if I can supply you with additional
information.
Very truly yours,
SCOTT HARPER PROFESSIONAL
CORPORATION
Scott Harper ~~
t i
- i
May 17, 1999
Pitkin County Community Development Department
Attn.: County Planning & Zoning
130 South Galena Street
Aspen, Colorado 81611 ',
Re; Gerald D. Webb .Land Use Application-1041 Hazard Review and Conceptual
Submission
Dear Ladies and Gentlemen:
Pursuant to the. requirements of the Pitkin County Land Use Application, I am supplying the
following information:
a: Applicant's name, address and telephone number are:
Gerald D. Webb
c/o GDW Construction, Inc.
8942 Ellis Avenue
Los Angeles, CA 90034.
Phone: (310) 559-$647
b. The name, address and telephone number of the representative authorized to act on my
behalf is:
Scott Harper, P.C. _ _
by: Scott Harper
Attorney at Law
117 AABC, Suite #101
Aspen, Colorado 81611
Phone: (970) 544-5000
Applicant
~: ~'G .'A%u '-r ~Sa' ~.
- '~° - '^ i
Sr ~? 1 1- 1~9~
PLAZA 117 AABC, SUITE 101
ASPEN, COLORADO 81611
LAW OFFICE OF
Scott Harper
PROFESSIONAL CORPORATION
September 16, 1999
Suzanne Wolff
Aspen/Pitkin County Community Development Department
130 South Galena Street
Aspen; Colorado 1611
~O~A .'r ~ ~~~ ,v~ Nd7
(970) 544-5000
TELECOPIER (970) 920-7631
Re: Gerald D. Webb Land Use Application-1041 Hazard Review and Conceptual
Submission/Amendment to List of Adjacent Owners
Dear Suzanne:
In order to comply with the 60 day requirement of the notice to adjacent owners, following
is an amendment to the list of owners as determined by the Aspen GIS Sales Office as of September
15, 1999 for the above referenced Pitkin County Land Use Application.-
Road ownership previously attributed to Colorado Dept. of Transportation is now listed as
Telegroup
Property Tax Department
2098 Nutmeg Ave.
Fairfield; IA 52556
A notice has been sent to this new listing.`AII otherownership as previously listed in the ~~
application remains the same.
Very truly yours,
SCOTT HARPER PROFESSIONAL
CORPORATION
Scott Harper
i
.f ,
LAW OFFICE OF
Scott Harper
PROFESSIONAL CORPORATION
PLAZA 117 AABC, SUITE 101 (970) 544-5000
ASPEN, COLORADO 81611 TELECOPIER (970) 920-7631
August 27, 1999
Aspen/Pitkin County Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Gerald D. Webb Land Use Application-1041 Hazard Review and Conceptual
Submission/List of Adjacent Owners
Deaz Ladies and Gentlemen:
Pursuant to the requirements of the above referenced Pitkin County Land Use Application,
following is a list of all adjacent property owners for the property as determined by the Aspen GIS
Sales Office.
Morrow, Robert T.
240 Mary St.
Hackensack, NJ 07601
Bishop, David, Frank & Dianna Gail
PO Box 467
Basalt, C0 81621
Stonehenge Staz Properties, L.P.
PO Box 771
Abilene, TX 79604
Honea, Katherine Monroe
PO Box 288
Basalt, CO 81621
Roaring Fork Club L.P. (An Approved Subdivision)
PO Box 1669
Basalt, CO 81621
i
d J ~ ..
P .. j
Aspen/Pitkin Community Dev. Dept.
August 27, 1999
Page 2
Colorado Dept. of Transportation
Regional Construction Engineer
202 Centennial
Glenwood Springs, CO $1601
Mountain West Trees, Inc.
PO Box 568
Snowmass, CO 81654
Very truly yours,
SCOTT HARPER PROFESSIONAL
CORPORATION
co ' 3arper
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~ LAND TITLE INSURANCE COMi iY
A RHLiixe Gouu rloktilgs CJmWm
'...
EXF:IBIT "A"
LEGAL DESCRIPTION
A Tract of Lard situated in Tract 55, Township S South, Range 86 West,
of the Sixth Principal Meridian, mor_ fullp described as follows:
BEGINNING'at-_a point in the center of the Roaring For' River, whence,
the A.°. Cor^.er No. ? cf Tract 57 and A.P. Comer No. 8 of Tract 56 of
said Township and Range bears North '34°40' West 301.84 feet;
'"hence Seia h 13°03' East ??O.O feet to the Northerly line of the
D. & R. G'. Railroad;
The..^.ce Nerth 89°30' East 123.13 feet along the Northerly line of the'
D. & R. G. Railroad;
Thence South 34°~0' East 251.2 fzet along the Northerly line of the ',
D. 5 R. G. Railroad to its intersection with the Westerly line of State.
Highway No. 82
Thence North 48°59' West 200.00 feet along the Westerly line of State
Highway No. 32;
.Thence North 36°50' West 266.8 feet to the center of the Roaring For'.
River, the point of beginning..
CCUNT? OF PITRIN,
STATE CF COLORADO
` PITiCIN COUNTY TITLE, Inc.
Title Insurance Company
Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611 C Vicel Presid avis
President (303) 925-1766 • (303) 925-6527 FAX ` ent
CERTIFICATE
Pitkin County Title, Inc., hereby certifies that the property described
on Exhibit "A" and attached hereto was created by that certain Warranty
Deed between Johnnie E.B.-Hoagland and Ruth Hoagland, grantors and'
Clara Alvina Hoagland Thomas and Harvey Archibald Thomas, grantees
recorded May 21, 1959 in Book 187 at Page 348, and subsequent to such
date the property has been in various ownership which does not create a
merger of title pursuant to Pitkin County Land Use Codes.
PITKI COUNTY T TLE, INC.
BY'
AUTHORIZ S 6NATURE
NON-MERGER CERTIFICATE
PITKIN COUNTY TITLE, INC., A DULY LICENSED TITLE INSURANCE AGENT IN
THE STATE OF COLORADO HEREBY CERTIFIES THAT THE ATTACHED CHAINS OF
TITLE ARE TRUE AND CORRECT COPIES OF DOCUMENTS' DUli~"R"EC~O'~RbED`IN" T7HE~
OFFICE'OF THE COUNTY CLERK AND RECORDER OF PITKIN COUNTY`, COLORADO.I
BY EXAMINATION OF THE ATTACHED CHAINS OF TITLE IT CAN BE DETERMINED
THAT NO MERGER OF TITLE HAS TAKEN PLACE, BETWEEN THE SUBJECT PARCELi
PARCEL 004 AND PARCEL 008,
PITKIN COUNT I LE, INC.
BY:
ORI FFICER
DATED: AUGU 10, 1999
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TITLE CHAIN ON SUBJECT PARCEL
ROBERT J. CAREY AND WILLIAM SHARROCKS'
WARRANTY DEED 10/03/72
BOOK 267 AT PAGE 486
VAN G. KELLEMS
SHERIFF'S DEED `7/28/81
BOOK 411 AT PAGE 801
LOIS I. STANLEY
QUIT CLAIM`DEED`9/2/83
BOOK 451 AT PAGE 481
JOHN WIX AND ROBERT J. CAREY
QUIT CLAIM`DEED 9/7/83
BOOK 451 AT PAGE 607
CARL F. BENTLEY AND ANTHONY M. GRIFF`IN'' _ .
WARRANTY DEED 6/9/88
BOOK 566 AT PAGE_20
.PHILIP L. SULLIVAN
WARRANTY'DEED''T/6/89.
BOOK 596 AT GAGE 979
SANDRA JO NICKEL
WARRANTY DEED 3/9/90
BOOK 615 AT PAGE 721
~.. ~ ,
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TITLE CHAIN ON PARCEL 004
RON A. TIMROTH
WARRANTY DEED 9/11/68
BOOK 236 AT PAGE 311
JOSEPH W. SHELTON
WARRANTY DEED 2/22/78
BOOK 343 AT PAGE 754
.WILLIAM L. SHELTON TRUST
WARRANTY DEED 8/16/82
BOOK 439 AT PAGE 987
DIANNA GAIL BISHOP AND DAVID FRANK BISHOP
WARRANTY DEED 10/5/88
BOOK 575 AT PAGE'21$
___---
~,~ ~~ ~' ~'-"° v
TITLE CHAIN ON PARCEL 008
ALINE C. HOAGLUND'
WARRANTY DEED 12/7/67
BOOK 231 AT PAGE 104
GARY LOONEY AND BERTHA LOONEY
QUIT CLAIM DEED 9/30/80
BOOK 396 AT PAGE 103
LEON NORTON
WARRANTY DEED 10/15/80
BOOK 397 AT PAGE 29.0
PYRAMID BUILDERS, INC:
QUIT CLAIM DEED 8/31/84 I
BOOK 472 AT PAGE 553
FIRST NATIONAL BANK IN ASPEN
SPEC. WARRANTY DEED 12/19/86
BOOK 525 AT PAGE 859
ASPEN EARTHMOVING, INC.
SPEC. WARRANTY DEED 5/16/90 '
BOOK 620 AT PAGE'S55
CHRISTOPHER H. SMITH
SPEC. WARRANTY DEED 7/21/95
BOOK 787 AT PAGE 693
STONEHENGE STAR PROPERTIES L. P.
WARRANTY DEED 10/10/97
RECEPTION'NO: 409353
„.,
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MRY-04-199? 0702
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FROMRSPENiPITK?N COM DEU Tl] ~9-9207631. P.6:. ~
i
PITKIN COiJN'!'V
PRE-?-PPLICATION COItFERi~;NTCE STJM1vIARY
PLANNER: Suzanne Wolff DATE: May 3, 9999 j
PROJECT; Webb 104 )j Hazard Review & Conceptual Submission
LOCATION: Highwa}j 82 near Wiago bridge; PID #2467-201-00-006
REPRL`SENTATIVE: Scott Harper Phone/Fax: 544-5000/920-7631
CWN~R.: terry ~+ebb ~
i
Type ofApplicatioa; iD41 Hazard Review & Conceptual Submission
Description of Projeet6Developmentt Administrative 1`041'approval'r~~as ganred in 1990 (1Jickel 1041), ~
however, the vested. rigiats have expired. Applicant proposes to obtain a new 1041 approval to establish a
building envelope fora single fatuity residence and customary accessory uses. ~,
Land LTSe Code Sections to address in letur of requeaUapplicatioa
• Article 2, Land~Use Policies
• Section 3-60, Epvironmental & Aesthetic Standards ' ~ I
• Section 3-70, Water Resoutres
• Section 3 80.040, Floodplain: l00 year floodplain oftlie Roaring Fork River
• 'Section 3-80-050, Geologic Hazard Areas: Slopes in excess of 15% ot• 30% ~
• Section 3-80.0'A0, Wildfire Hazard Areas: Mapped low wildfire area.
i
• S«tion 3-80-080, Wildlife Habitat Areas Mapped mule deer and elk winter range wtthin'/o mile
Riparianeareas aloPn o~o~val stead that the mapped habitat was not relevant to this property.
g i
• Section 3-1 ] 0, Improvements & Services
ey, En ineer, ~
Stsff will refer to: Attpm g - ,Zoning, Wildlife OR9cer; Basalt Fire
ltevie';v by: Heariug O't1"icer I
Public Hearing" 'S'ES: The applicant shall post a pub&c notice sign oa the property of least l5 days
prior to the hearing andj shall mail Hotta to all adjacent property owners at least 30 days prior to the ~
u~em taxtre~eds~f €tkirt County as dte app ~yelopment Department (copy of notice to be j
abtained fron the ~oxninunrt Develo ment De attment). The names and addresses shall be those on the
no more than 60 days prior to the date of the publtc
ing Deposi?: $1,110 (additional planning hours arc billed at a tart of $185/hour)
ral Agency Fees: ;$1G0 (Enginecrj + $]60 (Env Tiealt6)
~I. DEPOSIT: ${1,430
apply, submit 8
Letter of request, u
24" x 36" Site Plan
survey to show ame
of the following infot~tttafiou, unless noted otherwise:
ssing Code Sections listed above; ~
ch complies with the provisions of Section 5-70-040 (attached). Update prior
d lot line and grading that has occurred,
MRY-04-1999 07:03
~n
,~
3. Consent from own
4. Parcel description,
5. Copy of this pte-al
6. Application fee;
7. proof of ownership
8. Documentation of,
9. Documentation of
title company or at
] 0. Documentation of.
1 L Agreement for Pay
12. List of all adjacent
.. ---~
FF2pM~RSPENiP77KiN COM .Tt7 9-9207631 P. 02
~ a
,-
l
.i(s) to processapplication and authorizing the representative (ifapplicable) (1 coAY)
~ncluding legal description and vicinity map-
form (1 coPY)
and when the parcel was crested (2 copies);
t of titlehton•merger of lands for the subject parcel and alt adjacent parcels from
ry (2 copies);
sate legal access to the parcel (2 copies);
fornt (2 copies).
erty owners (1 coPY)
This pre-application conference summary is advisory in nature and not binding on the:County. 777e
information provided in this summary is based on current zoning standards and staff's' interpretation.9
based upon representatp'ons of the applicant .4dditioual information may be required upon a complete
~I,revrew of the application.
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Aug-20-99 03c24P 1
uo• ri»> ii. oa>ruo~oat 'owr~ nwrrcrt ri,p~ rurtc uP'~'
"w ••• `~~•• ^w ,n.• .~ urR ui1t. t UGvLWri G:ryl tNA iVJ. d !0439 '' UI
•-s
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ASPEr/1~I'TI~I~i i
COc>~I1rIt~'I'TY DEVIL OPtiI~:`iT DE#'~iR~'.l'IE \ I
P'.: ~.TV CC?i_ti i Y ~'r.:-e~ra`;. CC! y;
P. A??LI^".~LV i hG subntitt=~ :o CQL'ti~ u:
(hexinafte:, T~ ?RQTECT).
~~ D. Webb
:ra:lii0n 'Ot
. 'i
?. APPLiCAtiT understancs and arttees tht.t Pitr. Co'.:a^ ltesc'.utien
ve. 9S-^ establishes s fee stt*seture Ccr P?anning at;?'icatinns and the p~-,r.,ent of
al! processing fees is a condition pteeedent to a detert~sa~ior. of a;,7licxron'
corpletaress.
i
3. I~PPL;C.gNT and CQL'v'TY agree than ~zayse o; the si__>e, r.~r,:re or
scope o: the proposed project, is .s net ~ossPl,Pe zt this ti;;:te ro rsceaain ;Fe ?:tl
e:c::a: of the costs i.7ct:lced ir_ ptac:ssng the apQlieati,on. APPL[C~.\'T and
CQUVTY' fi:>the: a3: ea that iris in the interestof thepasti~s to a:! i'iPl'LICAV'I'to
make payment Of an irut;a: dapo>it artd t~ tlterea>`Cr pet:wr: additional aos:s to be
billed to ApPLICA1vT or, a monthly besis. ~''PLIC.i:~i7 agrees `te w-i11 to
bettefitad by retaining grea:cr cash liquidity and wilt ttu~Pce adciGOCa' pa_•tnerzs
upon nctitic±tiar.•by the COG~7TY when they are necE~s as costs arE3rcnr.<d.
COUV"iY agrees it mill bo 6enef::d through the great:t c~naintq of recote:inr its '
fiul costs to process APP'LICP~tiT's agptication.
4. CUtltiTY' and APPLICAie7f further agree th t it is impracticable for
CUU\?Y stafr to comptstc processing or pteseat°suffi lent informatiot: to the
Plae-ting Commission and/or Board of County Co , ssionets to enable the
Planning Commission and/or Dcard of Coarty Cemtnis$aerers ro mai<e legally
regtalred L'ndings for project app:or-nl, t:^,.ess curant biPli>~gs ate pail in Fstl prior
to decision.
i
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Auy-20 99 03 '25P 2
VtS/l /1`J 7'7 it b 71g7bi1 JI.Ui n~r•CK Yl, YMtie UP'O
,.~.. ,wvv va.. .Y•o. Wid INL t YLY[LVi11Ci9~1 ~J94.'}y i•• uY
5. Therefore, APPLICANT aferees that is consideration of the
COLTvTY's wmiver of hs .right to ootiect foil Pees prior to a determination of
n?olicarioca cornglerea~ss, APPLICAti'I' shal3 ps?• an iaitia
tG.3f1._.,, f deposit in the amount
Of 5 r.nytt;ry es or houa o,° Piann::r sin, time, .,
& and !f acr ~i
re,a:de ,:osts e:ceac rh: :r:ti~l deccsic..-1,`.p!,IC~.~ ~ ,haf: pay ~c;:i:ic^tai
mcntrlc Su!!n;s to COi.1TY' to reir..burse '>s CCL~,TF f ,• r!s Drocass:ne Gi :ua
3pgitcano^. mentioned ahoy:. irciudir.ry pos: aocroca: r~t'ew, $l:ch periodic,
ra;-tract, =hail 5z Made sv;t;ai:. 30 days of trt oi:i~~, .3ate} ?1?PLIC.~~'T rt:rha.•
a~'re~s '!l3` Fui11r? '0 'a_V jUC'.^, '3CC°t12G1 CCSiS 3PQ.J ~.' 3YO~tAaS iGt' 3i:5:C'.'.S:OfI of
p!L~CES51: t2. .
P1TKT' COLi~i?Y .~PPLIC:L~T
~T„_ Geral D.
Cindy Haubea print e
CommunityDeveloQmeaYDflecter . ~'
ll~iliag Addr~ss:
c/o Scott Iarper, P.C.
117 AA C, Suite /11 Q2"
__
(App2i•ant's Representative)
I _
girsvpperc~!armslai p¢ypeQx
L'.3ur93
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~~AMUELSON PUMP CO. ,
-' - .P.O. BOX 297 WATER SYSTEMS
GLENWOOD SPRINGS SAES, SERVICE d, INSTALLAT1pN
COLORADO 81602 945-8309 `
June 1, 1588
Carl Bentley
lE5 Park 'Creek
is pen, Co. 81611
Attention: Mr. Bentley
On June 1, 1988 a well test was conducted on a weil located
on "ighcay 82 near Aspen Earthnovinc 7528 Highway 82. 'She following
iz°ormation was obtained,
Well Depth----------=-----`--55,
Casing Size----__...__~, _• ~~,' (steel)
Standing water level --_ __ 363"
Total Test Tine----__.-_____-'2 hrs.
Drawdown _ -_____ ---'384^
Production is-_ --~.. __ Greater t .
tan 15 gpm_
hardness 22 Brains/gal
.Iron .8 m~/T
ph 7.5
This test was conducted with the existing 3p hp, pump with
no controls. 120 gallon tank, 1000 callon storage tank,'no
booster pump. The pu.-_p was in proper worY.ing order at t'~s time.
If you have any question please call me, Raun Samuelson at
945-6309,
i
Sincerely,
Raun Samuelson
Ptkin County Title, Inc., a duly licensed Title Insurance Agent in the State of
Colorado hereby certifies that GERALD D. WEBB is the owner in fee simple of the
following described property:
All that property described in Deed recorded December 15, 1994 in Book 769 at'
Page 447 attached hereto,
COUNTY OF PITKIN, STATE OF COLORADO ~
Subject to encumbrances, easements, restrictions and rights of way of record.
This certificate is not to be construed to be a guarantee of title and is furnished. for
informational purposes only.
PITKIN COUNTY TITLE, IlVC.~ ~ ~ .. _ ..,
BY:_~~
authorized ture
CERTIFIED TO: August 10, 1999 @ 8:00 A.M.
~;
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WARRANTY DEED
THIS DEED, made this 14 day of DECEMEER
1994, between~~.....~8BAAttde4DYY JO NICKEL
f ~SGt/~dLr'cl.
OF THE COUNTY OF PITKIN, STATE OF CO
GRANTOR,
GERALD D. WEBS,
GRANTEE
whose legal address is
11881 NEBRASKA AVE., WEST LOS ANGELES, CA, 90025
COUNTY OF STATE -0F CA
WITNESSETA, That for andin conaiderationof the sum of ten .dollars
and other good and valuable consideratioh, the receipt. and sufficiency of
which is hereby acknowledged, the grantor has granted, bargained, sold and
conveyed, and by these presents does grant, bargain, sell and convey and
confirm unto the grantee, his heirs and assigns forever, all the real
property together with improvements, if any, situate and lying and being in
the City of ASPEN, County of PITKIN, State of COLORADO, described
as' follows:
See Attached Exhibit "A"
377228 B-769 p-447 12/15/94 11:27A F'G 1 OF 3 REC DOC
SILVIA DRVIS GITN,IN.COUNTY.CLERY R• RECORDER 15..00 lv.~~DQ~
TOGETHER with all and singular the hereditaments andappurtenances.
thereto belonging, or in anywise appertaining, and the reversion and
reversions, remainders, rents, issues and prof itsthsreof,and all the ~'
estate,right,title, interest, claim and demand whatsoever of thegrantor
either in law or equity, of, in and to the above bargained premises, with ~.
^~~ the hereditaments and appurtenances.
(~ TO HAVBAND TO HOLD the said premises above bargained and described, ~.
with the appurtenances, unto the grantee, his heirs and assigns forever. ~
And the Grantor, for himself, his heirs, and personal representatives, does ~
v covenant, grant, bargain, and agree to and with he Grantse,' his heirs and '07
assigns, that at the time of the ensealing delivery of the presents, he is ~~
well seized of the premises above conveyed, has good, sure, perfect, ~'~.~
absolute and indefeasible estate of inheritance, in law, in fee simple, ~I •D
and has good right, full power and lawful authorit to a
y grant, bargain, ~
\ '. sell and convey thesams in mannerand form as aforesaid, and that the '•~
~ same are free and clear from all former and other grants, bargains, sales, U
~ liens, taxes, assessments, encumbrances and restrictions of whatever kind w
i G:
ornature soever,except those matters ae setforth on Exhibit "B" attached '
hereto and incorporated hsrein by reference. C
D
.M
The grantor shall and will WARRANTAND PORHVER DEFBND the above bargained ~;~
premises in thsquiet and peaceablepossession of thegrantee, his heirs ', ~
and assigns, against all and evsryperson or peraonslawfully claiming the ""
whole or any part thersof. The singular number shall'nclude the plural, ~' w
the plural the singular, and the use of gender shall'app'I~.,able to~all ' A
genders. ; '~ ~~r~~)P;4 ~ '. L
~,~:.~.~ ~ is ~ V~ . ~~ :~ ';. PJ 4d-
~,~~~ .~ z. ~ / N~ tARY ~ ro
///VUU /
~ .---d0 NICKEL ~.,• ~ ,,,~ ~ ~ F,
~C{n~rc~- 'yam f'UBLIG ,r ,;.
F Oq_
STATE OF ~ f~~~ ) ~ ~y 4Gi7:;3ti,~,$;GII E);;,i~es July 29,15>5
~ ~ COUNTY OF ~~ l~ 1 ss.
e fo~egoing instrument was acknowledged before me ',:his ~'J day of ~ „ '
19 ~ ~' by S~kNBY',TO NICKEL
nc~ r c~
~~/ WITNESS my hand and official seal ~ ~~~b
mycommissign-expi es: ~ ~ N~blic '..
',r~-~~i ~/ys
__...
ti - i
v fig, g~w~~
~ ,. ~.. w
EXHIBIT A
A tract of land situated. in Tract 55', Township 8 South, Range 86 West,
of the Sixth Principal Meridian, more fully described as follows:
BEGINNING at a point in the center of the Roaring Fork River, whence
the A.P. Corner No. l of Tract 57 and A.P. Corner No. 8 of Tract 56 of
said Township and Range bears North 34°40' West 3071.84 feet;
Thence South 13°03' East 140.0 feet to the. Northerly line of the
D. & R. G. Railroad;
Thence North 89°30' East 123.13 feet along the Northerly line of the
D. & R. G. Railroad;
Thence South 84°40' East 251.2 feet along the Northerly line of the
D. & R. G. Railroad to its intersection with the Westerly line of Stae
Highway No. 82;
Thence North 48°59' West 200.00 feet along the Westerly line of State
Highway No. 82;
Thence North 86°50' West 266.3 feet to the center of the Roaring Fork
River, the point of beginning.
COUNTY OF PITKIN, STATE OF COLORADO.
I
377~~2 B-769 F--448 12/15/94 11:27R F'G 2 OF 3
ii
s
f ,
EXHIBIT B
TAXES FOR THE YEAR 1994 NOT YET DUE OR PAYABLE.
~..~ .. I
Right of the proprietor of a vein or lode to extract and remove his
ore therefrom, should the. same be found to penetrate or intersect
the premises hereby granted and right of way for ditches or 'canals
constructed by the authority of the United States as reserved in
United SEates Patent recorded October 13,'1959'in Book 189 at Page
63.
Right of way granted unto the Denver and Rio Grande Railroad Company
as set forth in Deed recorded March 29, 1688 in Book 3 at Page 309.
Right of way for State Highway as set forth in instrument recorded
April 23, 1938 in Book 157 at Page 546.
Terms, conditions, provisions, obligations and all matters as set
forth in Resolution of the Board o£ Adjustment recorded January 18,
1990 in Book 612 at Page 230 as Resolution No. 89-55 and re-recorded
April 9, 1990 in Book 617 at Page 854.
(Easements, rights of way and all matters as disclosed on Nickel 1041
(Minor Hazard Review Map of subject property recorded March 8, 1990 in
:Plat Book 24 at Page 1.
'Any question, dispute or adverse .claim as to any loss or gain of land
.as a result of any change'in the river bed location by other than
;natural causes, or alteration through accretion, reliction, erosion
~or avulsion of the center thread, bank, channel or flow of waters in
(the Roaring Fork River lying within subject land; and any question as
to the location of such center thread, bed, bank, bed or .channel as a
legal description monument or marker for the purposes of describing or ',
locating subject lands.
NOTE; There are no documents in the land records of the Office of the
Clerk and Recorded of Pitkin County, Colorado accurately locating past
or present location(s) of the center thread, bank, bed, or channel of
the above River or indicating any alterations of -the same as from time
to time may have occured.
AND
Any rights, interest or easements in favor of the riparian owners, the
State of Colorado, The United States of America, or the general
public, which exist, have existed, or are claimed to exist in and
over the waters and present and past bed and banks of the Roaring
Fork River.
377;';'2 B-769 F'-449 12/15/94 11:27F1 ~'G :, OF ::
Gerald Webb, 01:33 PM 4/6/2005 -0700, Building permit reinstatement. Page 1 of, l
,I
User-Agent: Microsoft-Entourage/10.1.4.030702.0
Date: Wed, 06 Apr 2005 13:33:56 -0700
Subject: Building permit reinstatement.
From: Gerald Webb <geralddwebb@comcast.net>
To: <roseanns@ci.aspen.co.us>
X-Processed-By: Rebuildv1.50-1
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(2005040608); R=0.011(s621/n53660)]
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~`~
Hi RoseAnn: ~
I came by the Community Development Department in late Dec just before they ',
decided to close early for New Years. I was with my wife and you were kind
enough to allow our dog, Bert (black Lab with cancer) to come upstairs. We
discussed the status of a building permit on our property in Basalt adjacent to the
new pedestrian. bridge towards Basalt.(Tract;5S Desc: Tract of land in tract 55.8-,
86 Desc by M/B CONT 1.2 AC M/LBK 615 Pg 72.1.
You were going to send me some information_on what I need to do to get my
building permit, or ability to pull a permit, in place.
I had spoken with a Mr. Clark more than a year earlier and. his suggestion was to',~~~``~
wait until I was ready to build, as the time for pulling a Permit and the ,pl !~~
construction start date was limited. ~ ~~~
As this has been a dream of mine for some time, the time is near,-and I would ~^""~~
hate to find out that the dream I planned on no longer exists or is possible. `!
As I explained briefly to you when met, It is important to know that not only a ~'~~~~
home can be built but to clarify the size and parameters prior to spending any °~~
more time and effort in the design. It is my understanding that the original 5000
sq ft house has been reduced to a 3500 sq ft. house when the state took a portion
of the property for the highway. I assume that excludes the garage but includes all
living space.
I would appreciate any and all help or advice you cah give me so I can proceed..
Originally I believe you indicated there were some forms and possibly a fee to get
the process started.
Thank you so much for your help then and for anything you can do to help me
now!
I thought I gave you my card, but if not you should get the email address with this
note, my cell phone is (310) 420-9014; Office (310) 559-8647; Home (310) 836
0324 and fax is (310) 559-0295.
Sincerely,
Jerry Webb
Printed for Rose Ann Sullivan <roseanns@co.pitkin.co.us>
05/11/2000 11:03 9709207631 SCOTT HARPER PC PAGE 02
I illlll IIIII Iillll IIIII111111 IIIII fllll III IIIII IIII IIII
.r ~_ ~'"" 444247 06/iS12000 01.40P POp DAVTS SILVI
~""" 1 of 2 R 10.00 D 0:00'N 0.00'PtTKIN COUNTY CO
~.~ .. ~
POWER OF ATTORNEY
KNOW ALL MPN 13Y THESE,PRESENTS, that T, Gerald D. Webb, of the County of Los
Angeles, State o£ California do .make, constitute and appoint Scott )lankier, Esq., of the County o£
1?rtknn, State of Colorado, to act as my tree sad Iawful attomep for me and in my name; place and
stead foz my sole use and benefit to sign the Owner's Approval for the Webb 1041 Minor Hazard
Review Map foz the following desczibed real estate (hereiraaitez "Property's situate in the County of
Firkin, State of Colorado, to wit:
See Exhibit A, attached hereto sod made, a part hereof byttis reference
My said attorney is hereby authorized and empowered to sign and aclmowIedge the
Owner's Approval for the Webb 1041 Minot 13azard Review Map (the "Map"} as approved on
October I9, 1999 pursuant to Firkin County Hearing Otiicer Aetermwation No: 99-26 recorded is
the real property records for Firkin County, Colorado on November l8, 1999 as Reception 130.
437824 as mY said attorney msy deem necessary or convenient 1p accoomptish zecozdurg of the Map.
MY said attozey shall have foil power and axitltozity to do and perform all acts necessary to
complete the Owner's Approval for the Map of the Property, with full power of revocation, hereby
ratifying and confirming all that said attorney shall Iawfiilly do or cause to be done by virtue of this
Power of Attorney and the powezs contained herein.
'I'lls Power of Attorney shall not be affected by my disability. "This Power of Attorney shall
automatically expire by its own tezms upon completion of the ' d psa~pose set forth a ve.
E7~CUTED t}is 3~~y of May 2000. ~~~
(/. ~'(/
dD. Webb _
STATE OT CALIFOR13lA. )
ss.
coIJNTY o>: l.as A+.ts~laq)
"fhe foregoing instrumem was acknowledged before nae this day of May 2000, by
Gerald D. Webb. ~ h r~
Witness my head and official seat.
My connmission expires: ti (6 (y. o s
F' _ COMM. #1204107 C
NOTARY PUBLIC-CALIFORNIA <
Q ~' '~,/~ LOS ANGELES COUNTY ~ ~• ~.
My Comm. Exp. December 6. 2002 h ~ tp ~ ,~ '.~
S 1 ~, i
~ } ~ ~ ~ L
.
..- •`Y ^ .
4 (`,' k.'~ 0 1
.~. 3 rC,-
j OMMONWFALT}~ ~,,
`,~-=~ WND TITLE lNSURAN~ COMPANY - °
w Neause G.w elga.gsGa.wn ~-
' a...r.v
EXEI3IT "A°
LEGAL. DESCRIPTION-
A Tract of Land situated in Tract 55, Township 8 Sauth, Range 86 West,
of tae Size Priaci~al Meridian, tnc're fully described as follows:
3RG:YY_*iG at-_a point ~3 tzV ca_~__ of the Roaring For'_t RiverY vrhence'
tee 3.9. Corner No. 1~ef T~ac~^57'and A.P. Corner ~To. 8 0= T. act 56 of
said Te::r_sSiP ar_d Range bears Narta 3x'40' West 3071.84 feet;
s,e..c° SoL '
T..__. _ ,... ~ 0., ..as t
•_~ ~ c 140.0 •feet to the Nort'_:erlw line of tae •
D. fi R. G. as t _ ..
_ rgac,
':?.e_^_ce Nc,rta 89'.30' Rast ?2 •13 feet. along t':e Yort::er~y line of the...
D. & 3. G. Rail+-oad;
Taence Souta 34.10 c ~-~ ---
' ~zst _c_.2 r==+' along tae `Iortaerly line of the
D. & R. G. Ra_lroad to its intersection with the Westerly line of State
.+c~,ray Yo. 8I:
The :ca Nort ?8.59' West 2Q0.00 feet along tae Westerly Line of`Stat
~; ~t,._ ,
_.____
•T~'=*+ce Norta 86'50' West 2'00.3. feet. to tae ce^_ter of the Roaring Fcr:
River, tae ~oiat bf beginning
' ~ ',
~""'~
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN to the general public that on October 19,1999, the Hearing
Officer of Pitkin County granted approval for the 1041 Hazard Review & Conceptual Submission
application for the Webb property located on Highway $2 at Wingo7unction and described. as a
tract of land situated in Tract 55, Township 8 South,Range 86 West of the 6th P.M.. This. site
specific development plan grants a vested property right pursuant to Title 24; Article 68, Colorado
Revised Statutes.
s/Lance Clarke
Hearing Officer
Pitkin County, Colorado
Published in the Aspen Times on November 13, 1999
Pitkin County Account 002.02
24C The Aspen Times •Saturday-Sunday, November ]3-14, ]999
' r
,a -w .° ~.-,~;
<c~~ . ,.
' ' , ..'
Ponds, and fire fighting purposes. This well Is 10/14/82: An1000I5: l5 m, <ondnional m. the 8th P.M rp R~ ~
Totaled 26001eet North of the South Section line Nos. 2, 3;4, 5, 6. 7; R, 1182.13 and 14), 30 g P ell Section 23, To^ Pltkio County aRC an
o nt SOo fe
t P
d No~3t Tb
r I changed to an altemate point of diversion L
'
and 2250 feet West o! the East Section Ilne o/ conditional (Well No. 15). Uses: domestic. tom
Section 5, T. 10 S., R. 85 W., 6th P.M (U Owl Creek merdal
recreational
livestock wat
rin
~ p
e
on
e
center of the tlam is located in
South of the North Section one and 975 feet West the NE]/4 of the SEl/4 of Section 6. Township 9
f
h
E the Pine Grove Pipeline. ' as the au mend
~. structure serving [he 0.5 acres of i ~Igatio
,
,
g. o
e
t
e
as[ Section line of said Section 10. Sonth, Range 85 WesFOI the6th P.M., atapolnt
" Ran<h-South Welf #2, decreed for 60 gpm(0.134 Depths: all about 2001eet. Applicants request Source Seeps andsprmgs cdileeCed°(o7`the ~ 140 feet from east section line and 1
efs) conditionah with a March 15
A90 feet
199]
h
W
il N identified in Column'3 of Table i in Case N
94CW381
Ezc
t a
,
,
appro- t
at
e
o 7 be made absolute for IS
priadon date. the source of which is roundwa- g.P~m. Berlin Pond, adjacent to Castle Creek, tribufary Irom soutA section line. Source for all reser-
g for domestic purposes, and that all other to tbe Roaring Fork River .
e
s s ecificall
P P y provided G
', herein, Case No. 94CW381 is not otherwise coo
ter tributary to the Roaring Fork River. for amounts and uses. fur all structures be con[in
domestic, commercial, livestock, Irrigation ued conditional
A detailed outline of work d . volts: Roaring Fork Rivet Via diversions through
Date of Appropriation' June 22; 1999 How the Kinder Pump and Pipeline: Date of
a ified or changed by [his applicatio
Approptlative Right of Substitution err
~
.
irt-
ppropriadon was initiated: Field inspection, Appropgatioh Iqr all reservoirs: June 15. 1996.
recreation, tilling of the OwlCre#k Ranch-South Ing the d111genceperlo0 is included In the formulagon of intent to apply water to bene0dal Dale water applied to bene0dal use for all reser-
Ponds, and fire Iighting purposes. This well is Aplilicallon (9 pages)
A
' ' Exchange: Affected stream reach: The rear
'. between the point of diversion for the Kind,
Iocated22001eet North nl the &mth Section Ilne 31. 99CW230. Cargeld County; SteinlnA Pond
and 49W feet Wes[ of theEast Section line of M7,'Stelnlon Pond
#B; tributar
to F
ur Mile use.
mount claimed. 20 acre-fret. Proposed
volts: June 15, 1996. How apProprlations were
uses: Angmentation and exchange of domestic, initialed: Consfniction of ponds and application
r
i
Ir Pump and Pipeline and tAe confluence of tt
Fryingpan and Roaring Fork Rivers
Dale
.
y
o
Section 4, T 10 S., R. 85 W, 6lA P.M, (g) Oivl Creek, Rowing Fork River, WaMr Disir7ct Nn.
Creek Ranch -South Wells #3; #4 and #5 38. APPLICATION FOR FINDING OF BEA$(YN rec
eat
on,
rigation and fire protectio
demands
L
r n of water Yo IieneOdpf use. Amounts claimed:
0.030 acre feel; absolute, for Kinder Pond No.l; .
appropriation: ,lone 15, 1996. (9 pages)
95. 99CW299 PITKIN COUNTY. APPIJCATIO
egal desc
iption and acreageof land In be irri- 0.014 acre-Iceh absolute, for Kinder Pond No. 2;
decreed for 30 gpm (0:067 cis) conditional ABLE bILIGLNGE, c/o TAomasL Aiikison, HIIY,`gated: The Smith-Hyde property is located m 0 OIA acre-feet, absolute, for Kinder Pond No. 3.
ea<h,lhe source of which is ground water tribu- Edwards; Edwards and Adkison
LL
C
502 M
F'itktn C
n
' F'OR FlNDiNG OF REA50NAISLE bIIIGENCI
frank A. Loushin, William J. Lo~s~y. oushl
terry m the Roaring Fork River for domestic
i
l
li
k ,
.
.,
inn
. Stree4 Suite 2(11. Carbondale ColoradoRI623, ou
ty; 1.5 miles south of Aspen;
Uses foralr reservoirs: Aesthetic, piscatorial,
Cblorgdq as shown nn Exhibit "1' atiacheii here- fire protection; AdmUOnal as
f
Ki
d
P '., Brothers, Ltd, c/o Kevin L. Patrir~ '?rick
-
'
commerc
,
a
vestoc
, irrigation, recreation, till- (970) 9633900 Name of stnceturesi Stainton
Ingot the Owl Creek Ranch-South Ponds, and Pond #7, Btainlon Pend #A. Prevmus decree e
or
n
er
ond
G; and encomVasses 4 32 acres on the let[ N. ]~ Recirculating waterfall; Additional use tpr
descending bank of Castle Creek in the NEl/A Rh
t
Pon Stowell, P. C., 130 E. Durant, Ste. 20.
p
en, G
', 81611, 974924102R.and Aspen Skiing Compaq
fire lighting purposes. These wells will Ae local- Dale of Ongmal Decree: October I4, T943; Case
ed in the SWl/4 of Section 4, the SI/2 of Section Number: 92 CW 261; Court DlstrictCourL Water ,
er
O No. P: Stream lecture. Maximum
NE1%4'ot Section 23. Township 10 Sdyth, Range heights oI all dams: less than 10 feet. Total
A5 Wes[ otthe 6th P. M
Approximately L47 acres ca
iti
!
s
e LLC,c/oArthur B. Ferguson, Jc, Holland &Hai
'. LLP, 600 E. Main St., Ste: 104, Aspen, CO 8161
5, and the NI/2 of Section 8, T. 10 S., R. 85 W, 6th Division 5 Location: Per decree, the dam of
P.M. 4. Detailed outline of work done to tom Stalnton Pond #7 i
l
ted i
h
W
q .
pac
e
r
o
servoirs: 0.03 acre-feet; active,
of this property will be irrigated. The name and for Kinder Pond No. 1 ((ndluding viater(ali'tea- 9749253476. Loushin Reservoir No. 2:.On Ma
/1',1977
CazeNo: WJ092
the Water Referee k
s
oca
n t
e S
I/
of the
plete project and apply water to benelicial use. NEI/4 of Section 27, T 7S, R 89 W of the 6 th PM,
The subJect water rights are part of an integral- Carlieltl County
atapolnt 1
320 feet south of th address of the land owner upon which [he Voint tore) ; 0.014 acre-feet, active, for Kinder Pond
of diversion Is located is.ludy Hyde; the name No. 2 (including stream feature); O.Oi4 acrateet
d
dd
f
F
' ,
,
Water Division No.S awarded Applicants a cot
ditional water right for Loushin Reservoir No.:
,
,
e
ed water system and plan for augmentation north Tine and 2,50Bteet west of the east tine of
decreed in Division No. 5 Case No. 9ICW243 Section 27
The dam of Stainton Pond #8 is l an
a
ress o
t
e
owner of the land upon active, for Kinder pond NO. 3. Surfaceaveage:
whkh the place of use of the water id or will be 0.074 acres,'1nHuding waterfall, to! KlnOer Pond
I ' aconditlonal water right for 4.24 at of waterwit
an appropriation date of June 30
1975 to b
wMch are intended to serve property in pot-
,~, . lions of Sections 4, 5 and 8. T. 105., R. 85 W, bfh .
ocal
ed in Section 22, T 7 S, R 89 W of lfie 8th PM..
Garfield County
at a point 3
960 feet so
th
f th s: Judy Hyde. Remarks' The Berlin Pond was No. 1, O.Ol9 acres. InduBing stream feature, for
originally decreed for irrigaton. aesthetic and Kinder Pond No. 2; 0.007 acres for Kinder Pond
i
c
l ,
used tor, domestic (Including fire protectior
'. lawn and garden Irrigation and livestock wale'
- P.M., Pltkin County, Colorado (the "Owl Creek
Ranch South') .During the past six years, appli-
,
,
u
o
e
north line and 2,010 feet west of the easCline of
Section' 22. Source: S[amton Pond #7
L
nch
p
s
atoria
use in Case No 89CW313 Fqr 2 W "Nn 3 Name and capacity of ditch leading to all
acrefeet o! water. The Berlin Pond is to be user) reservoirs: Kinder Pump and Pipeline (0.27cfs)
as an
t
i .
` Ing), recreatlonand mining uses; The Ruling <
' Referee was confirmed and madea decree of th
cant has spent in excess of 41.000,000 on the
developmenh improvement
management and ,
y
Ditch; Stalnton Pond R8, Lignite #2 Ditch, all trio
u[ar
to Four Mil
C
k
ib
t
[ augmen
at
on source for domestic and ird
gatinn use, pursuant to a Dlan fqr augmentation Rate M diversion for filling Individual reser-
voirs: 0.27 cos. The name and address of [he Water Court m and for Water Division 5 by th
'
Water Judge on July 28
1977; Wate
Refer
i
,
operation of the Owl Creek Ranch South and its
related water rights, including the water rigtits y,
e
ree
, tr
utary
o
he
Roaring Pork RIveCApproprlat(on Date: August
1
1989. Amount' 95 acre-feel conditi
n
l f which was Bled concurrently wi[A [his
Application. The Berhn Pond'is also used for owner of the land upon which the points of
diversion are located is: Roaring River Ranch
" ,
,
r
ee
Case No.92CW263 made 4.24 at for recreation
'uses absolute and found that reasonable diI
the csublec[ watere rightse These expentditures ,
o
a
or
been done~towardreomileliorn of the~a hat has
p
r recreation purposes.(3 pages)
d0."99CW239 PITKIN COUNTY-RUEDI RESER
VOIR FOR
E
7
" LLC the name and address of the owner of land
'upon which the place of use o/ the water Ir. ~ gence had been exercised wltA respect to th
conditional domestic and mining uses; Location
'
and activities assisle0 in the eventual applica
bhe[h water rights to tM1e benelicial
u
h pp
opna-
tiom$y the tali of 1995, ADphcant completed a
preliminary excavation of both ponds with Its B
NF.F
T
OF BASALT WATER CON
SERVANCY DISTRICT and CASTLE 'CREEK,
TR18Ui'ARY TO "ROARIN
R
R .
Roaring River Ranch LLC CIiVM TWO APPLICA-
710N FOR SURFACE WATER RIGHT Name q(
{ ..
,
reservoir is loca[etl In unsurveyed NEI/4 NEI/
of Sec: 31 and in'the SEI/4 SEI/4 of Sec. 30
'
ses for
whi
ey were decreed: Wherefore,
- applicant requests that the Courtentera tinding
own latior. and macAinery. Applicant has Tilled
Stalnton Pond #7 to approximately 12 acre-feet G FO
K
NER.
APPLICATION FOR APPROVAC'OF PWN FOR
AUOMENTAT(ON. James F
Smith and lud
K $iru
cture~ Kinder Pump & Pipeline, I:egat
~beserlption: The poin[otdiveralon for the
Kind
P ~, T.IOS., R.64W.6th P.M., Pitkm County. CO, at ;
,, point whence Corner No.4 0l Iron Silver PIa<et
'
of reasonable Diligence with respect to the
Mltcheli Pond No. i Second Enlargement, Owl
and Stainton Pond #8 to approximately 4acre
leer and
used the stored
ater fur It
de
d .
y
.
Hyde.c/n Patrick.G Stowell, BC, 730 E.ist Durant
A
'
' er. Pump and
ipeline is located on the
south and west bank of the Rparing Fork River in . U.S.M.S. No. 5963, bears 5.48°50'W.. 1306.89 1t.
.Source: unnamed springs tributary to th[
Creek Ranch -South Ponds #1 through #A, Owl
Creek RancA -South Augmentation Ponds #1 .
w
s
cree
purposes: Applicant bas subsequently installed
ri
ra
' and
v
flo
l ve.,Bulte 200, Aspen; CO 81611; (970) 9
2470
LA.
'Name of structures ' to be augmented: Ehe NEI/A ofTtieSWl/4bf Secdan 5, Township 9
South, Range 85 West of the 6th P.M., atapolnt Roaring Fork River; Applicants have, set tort[
'. their acgons regardin
the exerd
e
and #2, Owl Creek Ranch South Pump and
P
p
p
o
er
w cu
verts using its own
lahgr and machinery Appbcation rnntains a
Smith/Hyde Well No. I, as applied for even date
herewith and Berlin Pond
as applied for even
40 tee[ Gom west section line and 1,575 feet from
s
tb
ti
li g
s
,~ reason
' able diligence in the application(4'"a
'
ipeline, Owl Creek Ranch -South Well #l; Owl
Creek Ran<h South WeII #2, and Owl Creek
detailed outline of the work done Ito put the
water dglits to benefical use (3 pa
es): ,
dateherewlth, and as previously decreedin
Cas
N
89CW
1 ou
sec
on
ne. Source: Roaring Fork Rivee
Appropriation Uate. June 15, 1996. Date water 47 96CW094 (91CW222j CARFlEL -iUNTY
' GROUNDWATER TRIB[ITpRY TO THE ROAR
Ranch-South Welts#3, #4 and #5. (4 pages)
0
P g
32. 99GW231 PITKIN COUNTY-BRUSH CREEK, e
o
3
3. Descrption of water lights
to be used for augmentation: AppBcanlshav applied i0 bene0nal use: Tune 15. 1996 How
a
ro
i
ti ING FORK RIVER. Lisa Kruidenier, c/o Balcomt
3
. 99CW229
ITKIN COUNTY, FRYING PAN
RIVER. Application to Make Water R(ght
ROARING FORK RNER. Herman C. Alimares;
731353 Road Palisade
CO 87526 (970)484:7686 e
a pplieA for an Allotment Contract from the
B
lt W
f
C
va pp
pr
a
on was initiated: Construction of
pump anD pipeline and application of water to & Green, P.C.. Lori J.M. Satterfield, Dendy M
Helsel, Balcomb & Green
P
C
P
O
Drawer 790
Absolute and for Finding of Reasonable
# ,
and Robert L Kopp; P.O.Box 100; Aspen, CO asa
a
er
onser
ncy District; which will be
Ibemain source of augmentation water in this benebdal use. Amount of water claimed: 0.27
c.fs, absolute: Use. To till Kinder Pond No. 1 ,
.
.,
.
.
',Glenwood Springs, CO 81602,'Telephone. 970'
gg5.S546
A
d
d A
n
f
Assoc Inc. et al', c/o Mark E
Hamiltdn WEsgs Appl tatbn fo?F nd~ng of Reasonable D I gence. Allotment Contact wtllrbeC inrservanty District
i (induding recirculat{ngwaterlall), Kinder Pond
N .
men
e
pplication for Fintli
g o
', Reasonable Diligence and to Make Absolute a
1,,:.. Calola & Houpq P.C., 1204 Grand Ave., Glenwood
Springs, CO 81607
(970) 9456067. Structures:
R
fi Decreed: Jul 7, 1987, 87CW042. Location: Dint
y p
o! diversion is at a point from the north quarter waterJn scorn a in Ruedi Reservoi? for h
e bem
R
efit of the Basalt Water Conservancy Distri<C o. 2 Ondudmg scream feature) and Kinder
Pond No 3, and for irrigation o10.5 acres of land
c
t
i
d i
h
E Conditional Water Right Name of stmcture~.
Black Dog Well. Information from previous
uedi South S
ore Well Nos. 2, 3 4, 5, 6, 7; 8 f / 1,
12, 13, 14 and 75.
corner of Sec 21; T. 9 S., R. 85 W.; 6th PM bears
N
th 8°I2'3011
e
RuediReservolr. acomponent of tbePryingpan - on
a
ne
n t
e S
I/4 of Section 6, Township 9
'Somh; Range"85 West pt the 6 iA P
M
Property .decree or contlitional water tlght: Date of origi~
Decreed:07/26/83, Case No. 82CW357, Water Dlv.
or
W
st 601.7 feet thence. North
IS°39"Wes[ 145 feet Appropriation: June 26,
Arkansas Protect waspriginaliy decreed in C.A.
No. 4613
Carf(eld Count
Dbtd
t Co
rt
J .
.
Owners: Roaring giver Ranch LLC. CLAIM
`THR .pal decree: May 6, 1992; Case No:: 91CW222;
'
Court: District Court
Water Division N
$
5. Locations (ail in Pltkin County. CO) :Well No.
2:NE1/45WI/45ec: I5, T.SS., R. 84 W. of the 6th
1986, Amount: 20.0 cis. Use: Hydro Electric
Power Cenerauon Ttie Apphcation contatnsa ,
y
g
u
on
une
20; 1958 with a date of appropriation of July 29,
7957subse
uenilyi
C
N
W
7 EE CHANCE OF WATER RIGHT-ALTERNATE
POINF OF bNERSiON Name of structure Pine .
,
o.
.
Location: The point of diversion Is in the NEI/4
'SWt/4 of Se
ti
l9, T
h
P.M., more fully described as follows: comment-
Ing at the witness Corner to the W 1/4 Corner of
detailed incline of the work performed during
the ddlgence period
(6 pages) q
n
ase
u
-
5976 the
decreed storage capacity for this Reservoir was
du
d
o 10 Grove Pipeline information from original
Decree:Date entered: February 27, 1996 ,Case c
on
owns
ip ]South, Range 87
'West of [he 6th P.M. at a point 2,100 feet North
Sec: 74, said Township and Range, a Forest
Service aluminum cap in place (whence the True .
36.99CW235 PITKIN COUNTY-TRIBUTARY TO
ALLUNUM OF MAROON "CREIX
TR46UTARY re
ce
t
2,369 af. Ruedi Reservoir ~s a tom-
ponent of the Fryingpan ArkansasProject. orig-
i
li No. 94CW380, Water Division No. 5. Porn[ of
~ diversion: The Pine Croye Pipeline fs IocateD bn of the South line and 1,600 feet East of the West
Ilne of said Section 19. Appropriation Dale:
Wl/4 Corner of said Sec. l4 bears S. Ol°I4'00"E.
14.52 feet)
thence S 88°10'48" W
3358
35Teet to ,
TO MAROON CREEK,TRIBIIrARY TO'ROAR-
ING FORK m
y authorized for construdioir lay the Act of
August i6, 1962 (76 Slat 389)as amended by the the left bank of the Roaring Fork River, whence
the$F. corner o(Section 6
TOwnsAip9South December 15, 1988; Amount: 0.033 c(s (15'gpm).
'Use: Domestic pursuant to C.R.S. §37-92-602
,
.
.
the true location of the proposed well; Well No.
3
NEI
4 . Joseph T 2oline c/o Patrick &
Stowell, P.C., 730 East Durant Ave., Suite 200, Act of October 27, 1974 (R8 Stat 1486) and the
Act of November 3
1978 (92 Stat
2492)
In'suA- ,
,
Range AS West ut the 8th P.M. bears South 17°
30' E
i (b)(IpCA), InduDing oMinary household purpos
'es insid
t
:
/
SWl/4 Se<. l5, T 8 5., R SA W of the6
th P.M., more fully described as follows: tom-
Aspen, CO 81611, (470) 920-1028-
I Name of structure: Zolin
B
tt
ilk W
ll ,
.
,
stantial accordance with House Doc. No. IA7
3rd C asq a d
stance of 1,750 feet (Pltkin County)
.Source ROaYng Fork River. Amount: 0.728 c.LS.
' e no
more than three (3) singlefamily
dwellings, fire protection; the Irrigation of not
mendng at the witness Comer [o tAe WI/4
Comer of Sec, l4, said Tow[uhip and Range. a e
u
erm
e
.
Des<tlptlonbf condltlonal water rights: Date ui
original Decree: March 30
I9R7 C
e N A
ong.. Ist Sess., as modified Ay House Doc.
353; 86th Cong. , 2nd Sess .`anf(IS subJect to the
`
i
"` :(Applicant Roaring River Ranch LLC owns
O.SR24 cis dthls amount) Use; Grigation stock- ''more than one acreot home gardens and lawns
"and the watering of domestic animals
Depth:
Forest Service aluminum cap in place (whence
the Tme WI/4 Corner o1 said Sec. 14 bears S. ,
as
o
S6CW06I, Water Division No. S Location: South
quarter corner of SecHOn 2
T
10 S
ft
85 W
f Operat
ng Principles for the
Fryingpan -
Arkansas project az set forth m House Doc 130,
A
h `
" ' 'watering, piscatorial, recreational purposes; and
delivery of water into storage in the Plne Grove .
360 feel Detailed outline of what ties been done
toward completion oI the appioprlatlon and
O7"14'00" E. 14.52 fee0, thence 5 84°02'37" W,
2866.01 feet to the true location of the proposed ,
.
,
.
o
the 6th BM: bears S. 02E 421 5211 Westl00 Tezt.
Source: Water tributar
to alluvium
( M 7t
Cong., lot Sess. The
federal ieserdoir is
operated by the U.S. Bureau of Redamatl'on
h Pund Syslem.5, Townsfiip 9 South ,.Range 85
West of the 6th P.M., at a po1n1 401eet from west 'application of water to a beneficial user Llaa
Kruidenier obtained title ro Mis well bum lazy
' °'-'-^' welk Well Noy 4: NEIjM1 SVJl/4 Sec 15, ll 8 S., R:
' 84 W. of the 6th P.M.. more fully described as lot-
l y
q
aroon
Creek tr'bilCaYy-to Maroon Creek, tributary to'
Roarin Pork River. A ~
g pproptlat(on date'~rch 5; w
ich has contracted for an albtmenPM water
r tltP' Basalt Wate7 ('onserJan[y"Dis'trlcL
~
ApVJicanta own and have sought co
[Gmatlon
f sedlon tine and 1,575 feet from south aectign
'Qne. ~iplfc5nl REnr~River Ranch LLC ma
„, Y
con
( Glen, Inc nn September 9', 1992, when she ur-
chnsM' the ro it-- seeded b th 'w P
p De Y Y e elt'In
ows: commencing at the witness Corner to the
Wl/4 Corner of Sec 14 said TownsAip and
R
F
1986. Amount 0.033 c(s. becreed Uses:
UomesUC; stockwatering; fire protection; and n
o
a water right for 20`aAre-feet. condltlonal for
the Berlin Pond, (or augmentation and exchan
e t
nueto divert'(ts interest in the Ploe Creek
Plpeiine at its'nr11na1 decreed point of diver-
slop
r th
l
e December. 1996 Kruidenier began diverting
water at the Black Dog Weld and has placed the
ange, a
orest Service aluminum cap in place
(whence the True W I/4 Corner of said Sec. IA
b
°
'
"
the irrigation of up to one: Detaied outline of
work, performed toward completion' of the g
purposes Illed even date herewn7i. The oufld
for the Berlin Pond is located on the App7ieants'~ , o
e a
t
mate point of diversion at the
Kinder Pump and Pipeline. Thus, [tie change
re
ted h
n water to beneRdal use continuously since that
time. Remarks: This application waz originally
ears S. Ol
14
00
E 14.52 feet) thence S
83°58'07" W. 2755.41 feet to the true IocaOOn of
appropriation and application of water tothe
condltlonal uses decreed during the relevant
property in the NEl%4NE1/4, Sed[ion 23, T105,
R&SW
6th "P M
, i
Pi
k
C ques
erei
establishes an altemate point
of diversion for 0.27 c.fs. of the Pine Grove brought on behalf of Jill and Allen Scott. Scotts
subsequently teamed that the well which serves
the proposed well; Well No. 5: NEI/4 SE]/4 Sec.
15, T. 8 5.
R 84 W. of the 6th P
M
more full
diligence period, Including expenditures: Durng
th
dili
e ,
.
n
t
m
ounty at a point 50
leer South of the NorthSectibn line and 975 feet Pipeline. At [tie alternate point of diversion,
Applicant seeks to add the use of delivery of [heir property is tke Bowers Well No. t, Permit
#
,
.
. ,
y
Hess Corner [o tA~W//4 Comer of Se
I4
id
e
g
nce period considerable sums were
d
vel
m
n
r
o
enw
i~
g
to
West of the East Section Ilse of said Sedion 23:
e
i
l
b
i
water Into storage in the Kinder Ponds 1, 2 and
3. The name and address of the owner
f th g7371.1t appears that [he developer, Terry Kirk
(ol terry Glen, Inc.) mistakenly sent the diligence
c.
, sa
Township and Range, a Forest Service aluminum
cap In place (whence the True Wl/4 C
m
r
f e
op
e
t of a
d
esti
ter
su
I
and
pP y
treatment. system. On completion with this
k
A d a
nt
to and unde
r the
ond which are[i
ibu~
I P
terry to Castle Creek, a'tr7butary of the Roaring o
e
land upon which the alternate polo[ of dwersio^
Is located is: Roaring River Ranch LLG
the n
me nou<e for the Black Dog Well to the Scotts, when
it should have been sent to Kruidenier. The orig-
o
e
o
said Sec. 14 bears S. Ol°14'00" E. 14.52 feet) ,
thence S 82°48'08" W. 214]
14 feet to the true
wor
,
pplicant worked with Pearce Equities
Group IL Its consultants Wright Water Engineers,
I
d A
l
Fork River. Statement of Plan for Augmentation
pursuant to C.R.S. 37-92-703(9), 302(1), and ;
a
and address otthe owner of the land upon '
whicA the place of use of the water Is: Roarin spat application herein alleges [hat the Black
bog Well went dry. However, it waz (n fact the
.
location of the proposed well; well No. 6: NW I/4
$EI/4 Sec
15
T
8 S
R
84 W
f
h
A
nc., an
pp
icants own consultants Resource
Engineering, Inc. and Pa[ri<k & Stowell, P.C'
305(8)ludy K. Hyde is the owner of Lot i, Castle
Creek Ranch Subdivision, also known az 1652 g
River Ranch LLC. CLAIM FOUR PLAN FOR AUG
MENTATION pND EXCHANGE
N
- gowers Well No. I wAicA went dr : 7tid BI
Y tick
Dog Well continues to be diverted at the orlgi-
.
.
,
.,
.
. o
t
e Ot
P.M..
more fully described as follows: commencing at
'. [he witness Corner to the Wl/4 Com
r
f S Additionally Applicant engaged in planning fora
development nn the. subJect property engaging
h Castle Creek "Road, Aspen, CO 8161E through
which Castle Creek; 'tributary to the Roaring .
ame of strut
lures to be augmented: Kinder Pump and -
Pipeline: Kinder Pond No
1
Kind
P
d N
2 pally permitted and decreed location: A Motlon
!o Substitute Kmidenier for [he Scotts az partles
e
o
ea.
14, said Township aridRange,aFOrest Service
aluminum wp in place (whence the True Wl/4 t
e services of surveyors, land planners and
attorneya`duringthe diligence period in order to
d
l Fork River traverses. TAis application is primar-
+ily designed to provtdeayeararound legal water .
.
er
on
o.
.
Kinder PonD No. 3. Description of water rights to
~be usedtor augmentation: A
licant
h herein is being Bled contemporaneously with
this application. Name and Address of Owner of
Comer of said Sec. 14 bears 501°l4' 00" E. 14.52
feet), thence S 84°09'56" W. 1851.83 feet to the eve
op a submittal under the Pltkin County 2nd
Land Use Code. Applicant has explored the use
o
thewat
i
i
i
d supply for a new well, to be used for domestic
and irrigation purposes. Accordingly`by this
l pp
s
ave an
Allotment Contract Yrom 'toe Basalt Water
Conservani'y'Distdct which permits Applicants Land on Which Structure is Located: Lisa
Krwdemer. 5333 County Road 100, Carbondale,
true location of the proposed well; Well No. 7:
NW I/4 SEI/4 Sec. I5, T. a S,8. 84 W. of [he 6th P
o meat
pro
posal nand ginp
su
ch
endeavor '
employed the serWCe of Herhert 5
Klein
Es e o
rhatidlversP Ons Iromerhe SmirA Hnde Well
/ y
N
1
Addi
ion
ll
i Ruedi R to 12.8 acre feet of water in storage In
eservoir for the benefit of the Basalt YOOO ARE H4 Pages)
EREBY NOTIFIED THAT YOU HAVE
P.M., more fully described az follows: mmmen<-
. Ing at the witness Corner to the Wl/4 Corner of .
,
q.,
land use attorney,to investigate and process
land use matters. It elalm to make ab
l
t o.
.
t
a
y, at t
mes when there is no tail
on [tie Berin Pond origlnatfng by a water right Water Conservancy District. Ruedi Reservoir is
a component of [Ae Fryingpan-Arkansas Project until the leaf day of DECEMBER 1999 to Tile
with the Water Clerk fn quadruplicate a v¢ri0ed
Sec. 14, said Township and Range. a Forest
Service aluminum cap in place (whence the True
' so
u
e,
dale, use and amount of water applied to bene11-
dal use: Date: n/a
Use: n/a
Am upstream of the Frying Pan and Roaring Furk
Rivers confluence, this plan will prgvide for the and was originally decreed In G.p. No. 4613,
Cartiefd County District Court
on June 20; 1958 statement of opposltlon setting forth facts as to
why a certain application should not b
t
tl
t r- W t/4 Comer of said Sec. 14 bears S. 01°14'00" E
14.52 feet) ,thence 5 71°57,41" W. 1800 50 feet to .
.
ount: n/a
Previous Diligence Proceeding: Case No,
93CW073, October 12
1993: Remarks: Non
~ augmentation of evaporative loss from the
"Berlin Pond. Notice pursuant to C.R.S. 37-94
137 '
i
z ,
,
wilA a dateof approprlaton of July 29, 1957;'
subsequently in Case No. W-789-76 the decreed e gran
e
or why It should be granted only in part or on
certain condltlons. A copy of such
ent
f
the true IOCdHOn o/ th¢ proposed well; Well No.
8:NW1/4 SEl/9 Sec 15
T
BS
R:
4 ,
e.
pages) ) (b) f
t) (B) hasbeen provided to alt prop-
f storage capadty for tAls Reservoir was reduced
3 o
r'
dpposltion must also be served upappll-
,
.
.,
8
W. of Me 616
p.M., more fully described asfollows: tom-
d 38. 99CW237 PITKIN COUNTY-ALLVVRIM`TO'~
CASTI:ECREEK, TRIBUTARY TO ROARING the Smith/Hyde Well NU.llo atlon.T~6er1(o`
Pond is approximatel
0
33
i
u
f 69at. RuediReservoirisacomponentof
the0F,
z
~o
rth dantorthe applicant's attorney and~.fOdaWt
t
l
l
It
men
ng at the witness Corner to the W]/4
,. Comer of Sec. 14, said Township and Range. a
FORK RIVER, APPLICATYON FOR UNDER.
GROUND WATER RtGfffS.Tames E Smiltrand y
.
acres
ns
r
acearea
and the anndal evaporation has tieen computeA
0
7La auttiori
ed
rco struction by
e ActolAugust
16. 1962 (785taC389) as ameadedby the Act of the Wa
er Clerk, as prescribed b
Rule
S CR
P
(Filing Fee: 845
00) PECCY JOItDAN
~ W
r
Forest SeMCe aluminum cap in place (whence
the True W]/4 Corner of said Sec. 14 bears S:
°
'
"
Judy K. Hytle, c/o Patrick & Stowell, EC., 730
East Durant Ave., Suite 200
Aspen
CO 81611
` as
.
crefeet as shown In Table 1 below,
which is shown solely 7o demonstrate capacity
(or
ugm
i Odober 27, 1974 (SA Star 1A86) and the Act of
November 3, 1978 (92 S[aA2492), IA substantial .
;
ate
Clerk, Water Divialon 5; 1098tA $ireeq Suite
104; Glenwood Sprin
s
CO 81601
01
14
00
E 1452 feel) thence 5 69°0732" W.
1564.70 feet to the true locaton of the pro
osed
,
,
,
(970) 920:102A "Name of structure: Smith/Hyde
W
ll N
1
L
a
entat
on after evaporation, Evaporative
bsses will be augmented under the Pian for
accordance with House Doc. No. 16783rd Cgng.,
1st Sess:
as m
difi
d b
H g
,
.
Pubilshed In The Aspen Times November I3,
p
well; Well NO. II:NWI/4 SW]%45ec. IA, T.BS,.R.
e
o
.
egal Description of point of diver-
slop: The Smith/Hyde Well No
tis situate in th
Augmentation only during periods when Ruedi
R ,
o
e
y
ouse Doc: 353, A6Lh
Gong, 2nd Sess., and is subject to the Operating 1999. (540]9)
84 W. of [tie 6th P.M., more fully described azfor- .
e
NEI/4 NEI/4
l S
n eservoir is able to be used as the augmentation Principles for the Fr
in
a
A
k
n
Tows: commencing at the witness Comer to the
0
ection 23, Tow
ship !(I South
Range RS West of the 6th P.M. m Pltkin Count
at
source. (when no administrative curtailment is
i
effec
b
a y
gp
n-
r
a
sas project as
set forth in House Doc 130, 87th Cong., 1st Sess. u
WI/A Corner of Sec. IA, sNA Township anA
Range, a Forest Service aluminum cap In place y
a polo[ SO fmt South of the Nnr[h Secdbn Ilse
and Llotl feet West of [Ae East Sedlon lin
f n
t
y
water right calling at a location
upstream nt the confluence-dl the Frying Pan
d R The ledeml reservoir is .operated by the US. , `
Bureau of Redamalion wAlch has contracted for PUBLIC NOTICE
NOTICE IS HEREBY GNEN to the general public
(whence the ltue W]/4 Corner o/ said Sec. 14
bears 5. OI°14'00" E. 14.52 feet), thence S'-
° e o
said Segtlon 10. Sourcer Alluvium to Castle
Creek tributary to the Roaring Fork River
Date an
oaring Fork Rivers) .The estimated diver-
banns, consumptive use antl augmentation
i an allotment of water to the Basalt Water
Conservancy District Statement o! Plan for that on October 19,1999, the Hearing Officer of
Pltkin County granted approval for the 1041
33
OS 29 E. 285.7A feet to the true location df
. the proposed well; Well No. 12: NW I/4 SWl/A of .
of Appropriation: June 22, 1999. How appropria-
flop was initiated: Field Inspection
form
l
tion requ
rements are set forth in the Application
The Applicants' Basalt Water Conservancy
Dls Augmentation pursuant to C.RS. 37-92-703 (9) ,
302 (I)',,and 305 (8) :The structures to be aug- Hazard Review & Conceptual Submission appli-
c5tion Tor the Webb property located on
Sec lA,TBS.,R:84W, of the6th P.M., morefully',
descrbed as follows: commencin
at the wit ,
u
a
ot intent to apply water lobenetidal use
A
nt tricC contract will provide augmentation
water forallsemor calls downstream of the con- .
mented by this plan are located and utilized
u
on Lott
d P
el H[ghway 82 at Wingo Junction and described as '
atract
f l
d
i
g
-
_ Hess Corner to [he WI/4 Corner of Sec. 14, said
+
mou
claimed: (1.067ds, 30 gpm, conditional.
Proposed uses Domestic
Tire protection
irri
a-
Iluence of the Roaring Fork and Frying Pan
Rive
T
h p
an
arc
Rotthe Aspen Village
River Homes Subdivision In Case N0.94CW3A1 o
an
s
tuated in Tract 55, Township8
South, Range 86 West of the6th P.M.. This site '
Townshipr
Range,a Forest SeMCe aluminum
cap in place (whence the True W]/4Comer of ,
g
,
don Legal description and acreage of land to be
irrigated Tlie Smith-Hyde propert
Isloc
ted i rs.
o t
e extent senior calls are made UA
Castle Creek or the Roaring Fork River upstream
/
h
R ,
Water Division 5, Applicants previously
obtained"approval of a plan for augmentation specflic development plan grants a vested prop- ''
erty right pursuant to TBIe 24
Artide
68
^ said$ec. 146ears S. O7°IT00"E. 14.52 teeQ.
Ihence535°26'A6"E. MA.2d feet to the true bca-
y
a
n
Pltkin County, 1.5 miles south of Aspen
Colorado as shown on Exhibit "i"attached here
o
[
e
oaring Fork and Frying Pan Rivers con-
Iluence;the Berlin POndwillthen be used to aug-
n[ d
a
which covered evaporative loss associated with
al.4 surface acre and
~
p ,
.
,
Colorado Revised Statutes.
' '
s/Lan<e Clarke; Hearing Officer
[ion of the proposed. well; Well Na 13: NEl/4
SWl/4 Sec. 14, T 8 5., R, 84 W, of the 6th P.M., to, and encompasses 4.32 acres nn the felt
descending bank of Castle Creek in the NEI/4 me
omestic nse
nd Junior irrigation use up
to the 2.0 acre teetby a pipeline to be Installed
a[ th
d consumptive depletimu
assoeiated
wi h 0,5 '
acres of new Irrigation; among other Depledons. Pubis
ed in
The As
pen Times on Novemober 13
more fully described az follows: commencing at
the wltnesa Corner to the W i/A Corner of Sec.
'
NEl/A of Section 23. Township 10 South, RnnRe
RS West of the 6th P.M. Appmxlmately l 47 a
res
e pon
s outlet. Application provides infor-
matron for calculating the net Irrigation require-
ets
9
The Pme Grove Pond, as constructed, equals
1.31 Here feet of surface area. Thus
there Is
)
,
1999. 54049
C
~'
I4, said Township and Range, a Forest Service
aluminum cap (n place (whence the True W 1/4 c
of this property will be Irrlgaled. Pursuant to
CRS 37-92J02(7) and 37-94137
Ap
licant ha me
. (
pages)
41. 89CW2g0 PITKIN COUNTY -`ROARING
FORK RIV
I ,
pondn sartaceosareas augment idh by Case No
Pl16LIC NOTICE ' I
Comer of said Sec. 14 bears S. Ol°14'00" E. 19.52
- feet), thence S 69°74 54 E
2267
44 legit t
th ,
p
s
provided nonce to all owners of recoM of all ER D
SFRICf COURT, WATER DIIT
SIGN NO. 5, COLORADO. APPLICATION FOR .
94CW38I` but not utilized. Applicants herein
e
kt
t RE WHIPPLE CONDITIONAL USE REVIEW FOR t
.
.
o
e
true location of the proposed well; Well No. 14i
NEI/4 SW 1/4 0l Sec 14
T
8 S
R
84 W
of th
6
wells wlfhln six hundreA (600) feet of she pm
posed well [en (10) days prior to [he bring of this
A
STORAGE WATER RIGHTS, SIIRF'ACE`WATER
RIGHT, CHANGE OF WATER'RtCHT, 'AND s
e
o dedica
e this unused portion of the aug- TWO (2) ACCESSORY '
mentation water (BWCD Allotment Contract) to DWELLING UNITS-5I8 WEST SMUGGLER
c
,
.
.,
.
.
e
th P.M., more fully described as Iollows: tom-
mencing at the witness Corner to th
WI
4
pplication. The name and address of the land
owner upon which the point of diversion 'IS
APPROVAL OF PLAN FOR AUGINENTATION,
tNCLUDINC APPROPRFATNE "E%CHANGE over evaporative loss depletions assodate0 NOTICE IS HEREBY GNEN that a public hearin
with 0:04 acres of surface area of the Binder will be held on Tuesday, November 30
1999
at a ~
Po
N
e
/
Corner of Sec. 14, said Township antl Range, a
'F
locateds Judy Hytle; the name and address of
the owner of the land upon which the
lace of .
Horseback Inc., and Roaring Rver Ranch LLC,
Pat ,
,
nd
o 1 (including tAe re-drculating waterfall meeting to begin at 4:30 .m. before the As
feature) Kinder 'Pond No. 2 mdudin the P pen
P
l
~
orest Service aluminum cap In place (whence
the True WI/4 Corner of said Sec
14 be
r
S p
nse of the water Is or will be is: Judy Hyde.
R c/o
rick & Stowell; P.C. Scott C. MIIIer,Esq,
730 EastDurant Ave.
SWte 200
Aspen
CO M
pnning and Zoning Commission, Sister Cities
-
stream feature) and Kinder Pond No. 3. The total 1
eeting Room, City Hall
130 S. Galena St
f
'
.
a
s
.
01°14'00" E. 14.52 feet), [hence S" 59°54'2A" E emarks: This well Is [o beused pursuant In a
plan for augmentation which was tiled co
r ,
,
.
81611, (970) 9261028: CLAIM ONE APPLICATION
F
" sur
ace acreage covered under CaseNO.
94CW3A7 antl this augmentation plan
will not A ,
.,
spen, to consider an application submitted by
2426:611 leer to the true location of the proposed
welh Well No: I5: SGI/A SW I/A Sec. IA, T 8 S. , R. ncu
-
rentiy with this Application: (3 pages)
39, 9ACW238 PFFKIN COUNTY
SFFPS AN OR STORAGE WATER RIGHTS.
Names of
Simctures: Kinder punts No. 1; Kinder Pond Nn. ,
exceM LA acres.The assumptions for evapora- Ralph Whipple. 855 Gibson Avenue, Aspen, CO
81$I1, requesting Conditional Use Review for "
five loss from the Kinder Ponds are the
84W. of the6th P. M., more lolly descrlbal as for-
lows commenting at the witness Corner to the -
D
SPRINGS COLLF.CTEp POR"BERLIN POND;
ADJACENT TO CASTCR"GREET(
TRIBUTARY 2, and Kinder PnnA No. 3. Legal description of
reservoirs: Kinder POnA NO 1-The center of the
' same az
hrr the pine Grove Pond. Thus, this plan seeks to t
i
identify and confirm the Kinder Pond N
I wo (2) Accessory Dwelling Units. The property '
s commonly known as SlR W.Smuggler, City and
WI/A Corner of Sec. 14, said Township and
Range, a Forest Service aluminum tact in place ,
dam is IocateQ in Ihe~ NF.I/4 of the SE
1/A of
TO ROARING FORK RIVFR. APPLICATION FOR Section 6. Township 9 South, Range 85"Wes[ n(
STORAGE WATER RIGHT
7ames E Smith a
l
i ,
n.
Kinder Pond No: 2 and KmDer Pnnd No:3 wafer Townsite of Aspen. For further Information, con-
- tact Nick telack a[ the Aspen/Pltkin Community
rights and structures az structures to be no
(whence the True WI/4 Corner of said Sec. IA
bears S. Ol"14'00" -E
]4
52 feet)
[h
S .
nt
f
re 6th PM, at a point 230 feet from east section
Judy K Hyde, c/o Patrick & Stowell, P.C., 730 line antl 1,390 tee[ from soulA s
cti
u lin g
menteA antler Column I of Table I from Case No.
t• I30 S. Galena St, '.
94CW3
A
C
.
.
,
ence
^• 50°00'04" E. 2554.17 feet to the Tme location of
the proposed well
Source (all wefts)
ib
t East Durant Ave., Suite 200, Aspen, CO 81811
970 92010'LA. Name of structure: Berlin Pond. l
L e
q
o
Kinder Pond No 2 The center of the dam is
ocated in the NEt 4 0(the SFl/4 of Section 6
/ fl1 Case Nd94CW3A1 Identified and aug-.
mented 0.5 acres of "new irrigation"on the River
H spen,
O (970) 9205095
B
n
C
.
:tr
u
ary
to Frying Pan Rivet Approp. dales (all wells) :
e al descri Uon of
sout `,R
a
ngf'85 e
Berlin Pond Is situate vn the NEl/45NE1/4 of P
is p
M
l omes Subdivision As en Plannin and
o
in
property from the Pine P B g
ommission
he Aspen Times Novembe
13
li
g
a
o
.
, at
ast sectlon
ine note a dCCoplirm Phe
Kinder Pump &Pipellnesas 1 r..
,
999. (54634) T
i .., e;
..
r,
1 ~
' .. ,.w .. :.,.. .., .L,d; a".-:,.-".,._ ."~su:a .u Y. -. k.
County of Pitkin } AFFIDAVIT OF NOTICE &
} ss. MAILING PURSUANT TO
State of Colorado } PTTHIN COUNTY LAND USE
CODE SECTION 4-94
I, 1 \ ~ £ Y being or representing ah
Applicant to the Pitkin County Development Pe it, personally certify that I have complied with
the public notice requirements pursuant to Section 4-90 of the Pitkin County Land Use Regulations
in the following manner:
i. By mailing of notice, a copy ofwhich is attached hereto, by first-class, postage prepaid
U.S. Mail at least 30 days prior to the public hearing to all own`er{s~,of property adjacent
to the subject property, as indicated on the attached list, on the~b clay of~ 199
(which is~3 days prior to the public hearing date of~ol ( .The names and addresses
` ~
of the adjacent property owners shall be those on the current tax records of Pitkin
County as they appeared no more than 60 days prior to the public hearing.
2. By posting a sign in a conspicuous place on the subject property (as it could be seen
from the neazest public way) and that said sign was poste~d-an~d,visible continuously from
the ~~lay of , 19~ to the day of ~--(~ \ . , 199. (Must be
posted for at least fifteen (15) full days before the hearing date). A photograph of the
posted sign is attached hereto.
Applicant's name
--
----'"'
L. ~~' - ~-
Sigrature {~.~f~~cz.„~~ ~~YC`~£'•~'~ ~~d~
Si ed before me thisrday of ~Ci'~
19~/by
WITNESS IvfY HAND AND OFFICIAL SEAL
My~cjo~mmi/s~sion expires: '~-/5=03
Na~ryy Public
vl~~l~e`~ ~ ~~d~~~
Notary Public's Signature
r ~, ,. .
_. ~ -
,;
xE: vvESB Ioai ua~aun >~vtEw &~coNC~i~r>~JaL` S>~`iaiv~s'si`b~ ~° _ ... ~ ~, .
NOTICE IS HER)~B7 GIVEN that a pu'bhc heanng v~nll be held on Tuesday, October, 19, 1999
at a meeting to begin at 3:OOpm before the P'itkm County Hearing Officer, Library Meeting Room,
Pitltin County Library, 120 N. Mill St., Aspen to consider an application submitted by Gerald D.
Webb requesting 1041 Hazard Review approval to establish a building envelope for a single family
residence and customary accessory uses. The property is located on Highway 82 at Wingo Junction
and is described as a tract of landsituated in Tract 55, Township 8 South, Range 86 West of the 6~'
P.M. For further information contact Suzanne Wolff at the Aspen/Pitkin Community Development
Department, (970) 920-5093
s/Lance Clarke
Pitkin County Hearing Officer
Published in the Aspen Times on September 18, 1999
_-
~'"?
~, ~ .
PUBLIC NOTICE
RE: WEBB 1041 HAZARD REVIEW & CONCEPTUAL SUBMISSION
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October 19, 1999 at
a meeting to begin at 3:OOpm before the Pitkin County Hearing Officer, Library Meeting Room,
Pitkin County Library, 120 N. Mill St., Aspen to consider an application submitted by Gerald D.
Webb requesting 1041 Hazard Review approval to establish a building envelope for a single family
residence and customary accessory uses: The property is located on Highway 82 at Wingo Junction
and is described as a tract of land situated in Tract 55, Township 8 South, Range 86 West of the 6'"
P.M. For further information contact Suzanne Wolff at the Aspen/Pitkin Community Development
Department, (970) 920-5093.
s/Lance Clarke
Pitkin County Hearing Officer
Published in The Aspen Times on September 18, 1999
Pitkin County Account No. 002.02
~~~~~
Post-it® Fax Note 7671 Date t~ pages
To From
SCa Y /
Co./Dept. Ca '
Phone # - i l _ S-~ ~
t Phone # O .-.S Q
Fax # o _ 7 Fax # '.
a
t
s~
a public hearing will be held on Tuesday,
October I9, 1999 at a meeting to begin at 3:OOpm
before the Pitkin County Hearing Officer. Library
Meeting Room, Pitkin County Library, 120 N. Mill
SL, Aspen to consider an application submitted
by Gerald D. Webb requesting 1041 Hazard
Review approval [o establish a huilding enve-
lope for a single family residence and customary
.accessory uses. The property is located on
Highway 82 at Wingo Junction and is described
as a [raM of land situated in Tract 55, Township
8 South, Range B6 West of the 6th P.M. For fur-
ther information contact Suzanne Wolff at the
Aspen/Pitkin Community Development
DeparfinenL (970) 9245093. '
the services and program delineated in sectlon
24-0.1-303, 24-0.1-304 and 24-0.2-105 (4). The
VALE Board encourages the development of
local training projects dealing with crimes
against persons with emphasis on working with
.the victims. The Board will consider program
costs nd expenses including overtime of ofli-
cars attendance.
Conlad the VALE Board Administrator for
further Information and to request grant pro-
posal forms. APPlication deadline Is November
4, ]999.
Judy Martin, VALE Board Administrator '
109 Eighth Street, Suite 308
Glenwood Springs, CO 81601
(970) 9459635
Published in The Aspen Times September 18.
1999.(49609)
s/Lance Clarke,
Pitkin County Hearing Officer PUBLIC NOTICE
Published lnThe Aspen Times on September lS,X RE: RICHMONDRIDGE/PEARLPASSMANAC,E-
1999, (49614) MENT PLAN REVIEW NOTICE IS HEREBY CNkN
~
i rr PUBLIC NOTICE _ that apublic hearing will be held on October 19,
1999 a[ a reguWr meeting ro begin at 5:30 pm
e
Ps
!(g 1)~tq
l NOTICE OP THE FILINGOF A PETITION POR
THE INCLUSION OF REAL PROPERTY IN THE before the Pitkin County Planning and Zoning
~i~l " ASPEN CONSOLIDATED Commission, Commissioners Meeting Room,
SANITATION DISTRICT Pitkin County Courthouse, .506 E. Main St.;
++
~ The Board of Directors of'the' Aspen AsPep to consider the Richmond R1dge/Pear!
1 I~~
'
~ Consolidated SamtaHon District hereby gives Pass Management Plan. This area Is located on
"
~
,
notice that on September 7th, 1999 the Iollowing the backside
o[ Aspen Mountain In the upper
'
petl[ionea Jack GuentheS Trustee Untler tBe Will CasHe Creek Valley For further information con-
° .
of Charles F. Urschell, Jc, Illed and petitioned
~ tact Ellen Sassano at the Aspen/Pitkin
Community Development Department (970) 924
y°,,°: . [he Board of Directors of the Aspen r~8 -
Summer crowds of tourists and sho ers fill the sidewalks In to heaz the petition and all written objections
pP [hereto: Failure of any person In the existing
Aspen -end help fill the CeSh reglSterS In IOCai t1USin@SSBS. ' DlsMCt to Rle awritten objection shall be taken
A$pen Tlme$ file phetO. ~ as an assent as his part to the Indusion of the
dations were down 5.6 percent.
The performance of tourist.
accommodations largely dictates
-the performancebf Aspen's econ-
omy overall. About three of every
10 dollars spent annually in retail
` sales in Aspen is with tourist
accommodations, according to
area desenbed m the notice. The Board of
' Direcmrs shaltdetermine it such annexation or
greatel':In March. Sales by tOUTISr inclusion is feasible and to the best Interests of
[fie Dislrlch which action shall. be final and cum
accommodations were 36 percent.- cwame ana not ardjeet to review. '
in March- and restaurants' Sale6' BY order of the Board of Directors of the: Aspen
were about IS eCCent rental m Consolidated -Sanitation District- dated
It g September 7, 1999.
the Winter month. Michael Kelly, Secretary
]r"Ven COmparing a bUSy JUIy tO. AsPen Consolidated Sanitation District
Published In The Aspen Times September IB
a slower winter month, like ana zs, 1999. (4ssoh)
December', shows that ski season„
s/Peter Marlin, Chair
Pitkin County Planning and Zoning Commission
Published In The Aspen Times on September l8, ,
1999. (49615)
PUBLIC NOTICE
SUPPLEMENTAL APPROPRIATION TO
THE 1999 BUDGET FOR RFTA
Pn7CIN, COUNTY
Notice is hereby given that a supplemental
approprlatlon for 1996 has been submitted to
the Roaring Fork Transit Agency. A copy of [he
supplemental approprlatlon budget has been
Illed In the Roaring Fork Transit Agency admin-
Istrative offices 0051 Service Center Road,
Aspen, Colorado and is open for public inspec-
tion. APUBLIC NEARING has been scheduled (or
2:OD P.M. on Wednesday, September 22, 1999 in
the Board of County Commissioners Meeting
Room, 530 East Maln, Aspen, Colorado. Cltlzens '
are Invited to make written or oral comments
wiltrregard [o the proposed budget either at the
public hearing or by con[acting Dan
Blankenship, RFFA General Manager at 920.1905.
Final budget adoption will be made on October
I2, I999 by the Aspen City Council, 130 South
Galena, Aspen, Colorado.
SUMMARY OF CURRENT
1888 Bl1DCEr CHANGk3
32. Also described as being located N.86°4> W.~,
a distance of I,R70 ft. from fhe East Quarter ~ F;
Corner of said Sec. 32. Pond is filled and onto: -
talned by In0ow from Tom's~Spring, decreed in
Case W-1896 in Water Div. No. 5, and from rm-off
and precipitation. Date of approprlatlon: 9p/75.
How approprlatlon was initialed: by consru<-
tion of pond as parPot IrrigaUOn system using
Tom's Spring. Date water applied co benatciat.. '
use:9/1/75.Amt. claimed: 0.90"AF, absolute.Rate '
of diversion in cis Eor (Iiling the pond: up 10 1.5 -
efs, absolute, from Tom's Spring, and fromlocal
runulf and precipitation: Use: If irrigalim, a.
Number of acres Mstoricelly irrigated is 5, b:
Total number of acres proposetl to be irrigated'
5. Legal descdpHOn of acreage Irrigated orlo bs
Irrigated: portions or Sl/2 SWI/4 NEI/4; N1/2~`'-
NWI/4 SEI/4; and NE1/45Wi/4, Sec. 32, T.6S.,R
87 W., 6th P.M. These are the same 5 acres
decreed to be Irrigated by the Tom's Sprng m -
Case No. W-1896. If haMrrlgatlon,descrlhe put-...
.pose fully: stock wacedng, recreation, wildlife
piscatorial and Ore protection. Surface area of
high water line is 0.17 acre. Maximum height of
dam is 9 h. Length of dam Is 130 R. Total capac-
Iry atpond: 0.90 AF all active storage. An stifle[
pipe from the pond extends In a general south. '~
ern dlrectlon and Rows lows tllrectly Into East
Coulter Creek Remarks: The Teal Pond wan cum
structed primarily to capture Oows from Tom ~s
.Spring for more efficient Irrigation of the 5 acres
decreed to be Inigatedirom the spring (see '
Case No. W-1898). Applicants have also used the
pond(or the other norHlrrlgaHOn uses described.:;
above..Names and addresses of owners olproµ'
arty. on which structures are located (land/
where dam Olocated and land within high water:': -~-.
Ilne): Applicants. (4 pages)
17. 99CW174 PITKIN COUNTY, HUNTER-:. i- '
CRFFX,APPIJCATION FOR WATER RICH75'::
OF: ALBERTA L MOORL' c/o PaMCk & Stowell.-.
of diversion: NW 1/4 NW 1/4, Section 26,:;7:
Township 9 South, Range SS West of the6 6th:*'
P.M., 220 feet from the North line of Section 26/S': _
300 lee[ from the Wesl Tine of Section 26, In': ~r
Pitkin County, Colorado. Source: Natural spring;r;:;.,
waste water and tallwater collected fromacom- _ t
moo drainage point The source of the. waste
water and tall water is water diverted .from8r:~
Hunter Creek, Idbutazy to theRoadng Fork
Rlveq and carried through the Red,Momtainp.
Ditch before application to benefidal use. Date
of appropriation June 6. 1912. Dale water...
applied to beneficial use: June 6, 1912. AmounF`
claimed: 3.0 c.fs., absolute Usesarrlgation and
s[ock,wa[ering purposes. Legal description of '
Use of Prior Year land to be irrigated: Approximately t20 acres
Operating Surpus for 1999 - lpcaled in the North 1/2 of Section 26 and the
Operating and Capftai Expenses ($444,000) South 1/2 of Section 22, Township 9 South; ;~
Operati F~ Range 85 West of the 6th P.M. in Pitkin County,
Redudinn of Projected ~ - ,COloraao: The nameoi tM1epresen[bwner of the. --"
Operating Revenue (200,000) land upon whkh the polo[ of diverslan Is Iocat-
Use of Operating Surplus
- ed is: Applicanb the name and address of the
for 1999Operating Ezpendltures ~tlQ,fjjlQ owner ol~the landupon wBich the place of use of;-:.
Net Change In Operating Revenue A the water will be Is: Applicant. Remarks; None (4
t,gyltAt Flmd pages)
Transfer from Operating Surplus 21. 99Cw099 GARtIFJD COUNTY-FYyWlmeb+",
rn fAnltnl Ravwnnn Rmd 9dd (1(NI o,-...~ . ,n,.......-..-1 n..- e-:.-,.... c..-,. oe.-......a _.
Saturday-Snnday, September l&19,.1999 • The Aspen Times 13-C
i
ASPEN/PITKIN
COMMiJNITYDEVELOPMENTDEPARTMENT ' "
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920-5090 FAX (970) 920-5439 ,"
MEMORANDUM
TO: Attorney
Zoning
Engineer
Wildlife Biologist
$asalt & Rural Fire Protection District
FROM: Suzanne Wolff, Community Development Department
RE: Webb 1041 Hazard Review & Conceptual Submission
P# 2467-201-00-006
P125-99
DATE: September 2, 1999
Attached for your review and comments are materials for an application by Jeny Webb. This
application will be reviewed by the Pitkin County Hearing Officer on October 19, 1999.
Please return your comments to me no later than September 30,1999.
Thank you.
fTV TT~T~T~ ATT"ITT1Tm"i~1nm. ~..~a...
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5090 FAX# (970) 920-5439
September 2, 1999
Scott Harper
117 AABC, # 101
Aspen, CO 81611
Re: Webb 1041 Hazazd Review & Conceptual Submission II
#P125-99
Deaz Scott,
The Planning Office has completed its preliminary review of the captioned application. We have determined
that this application is complete. After a more detailed review of the submittal information, additional
information specific to the application may be requested in order to adequately review and process the'
application. The planner in charge of the review will request the information from you directly.
We have scheduled this application for review at a public hearing by the Pitkin County Hearing Officer on
Tuesday, October 19, 1999 at a meeting to begin at 3:00 p.m. in the Meeting Room in the Pitkiii County
Library. Should this date be inconvenient for you please contact me within 3 worltirig days of the date of I
s etter. After that the a enda date will be considered final and chan es to the schedule or tablin of the
application will only b~ al owed fopunauoidable tecphm'cal prgoblems. pP eFriday before the meeting date,g
we will call to inform ou that a co of the memo ertaimn to the a lication is available at the Plannin I
Office.
Please note that it is your responsibility to post a public notice sign on the property at least fifteen days
prior to the heazing (and remove it within one week after) and to mail notice to all adjacent property
owners at least 30 days prior to the hearing with the return address of the Community Development
Department (copy of notice to be obtained from the Community Development Department). The names
and addresses shall be those. on the current tax records of Pitkin County as they appeared no more than 60
days prior to the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting & ~'
Mailing as proof of compliance with the Code at the hearing.
If you have any questions, please call Suzanne Wolff, the planner assigned to your case, at 920-5093.
Sincerely,
Tenley Taylor
Administrative Assistant
IY~BB 1111 r~llN~Il' fl~Z~ll~f R~'l~I~jY ~~.~
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PI7I~IN S~fl~l71; COlfll'~1ID
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PROPERTY OESCk,PrION \ -__
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H-(,'OI?D 71F 70 AP / 1, TRACT 57
N34V000W 3011.84'
lfflf [//.-, M AP / 4, XACI V
N.14 35'35 "W J068.09'
POINT Of BEGINNING
A 7RA670F LAW VIVA7(0 IN #?Aff 55 70WSIAP 8 500171 IMNSC 86 W157 OF /71f_S/x7// MINUPAI MI-RIVIAN,
SAID PARCH LYING 500111MMMU Of 001MA90 SIM MOM WAY A40, 82 NOVIIERZ r Of ff "YZRAM) RIO QeANU,
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X50181D AS 01.10#5`
IkOINIVING AI'A POW IN 7111'90AMINO fVRff RIWI?, WNCE AIKZE POINI NO, 10/-- MM07 b/ A 00YUNKNI 1ANd
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ITT'. 70 LSMT
GAS VALVE 1307 TOM OF BANK TR ROIA
AFT IION
N 8603(J'E'211 W 8.07'
30
70
ROAD
LARGE'
BOULDER
MM NO
13I.A5110 CAP Pi .5 21611
814MMSS CORY&
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ITTIS PLAT IS ACCEPTED FOR ITIXG IN IIIE OFFICE OF mF ctERK AND RECORDER OF PIXIN
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than ten years from the date of certification shown hereon.
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