HomeMy WebLinkAboutpitkin.planning.246721200002 (2)DOCUMENT LAYOUT
THIS FILE MAY. OR MAY NOT. CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for theBOCC 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)
i
• -, ...,.' .#38717 1~:/11/YV VY: ~ Kew s. v,~ ui. o.>..a ~.~ u~~
Silvia Davis, Fitt ir~nty Cleric, Dac $. VO
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RESOLUTION OF THE BOARD OF COUNTY COt~AZSSTONERS~~
OF PITKIN COUNTY, COIARADO'GRANTING
GENERAL SiTBMISSION APPROVAL TO DOUG RACER •
TO CONSTRUCT A SINGLE FAMILY HOME
Resolution No. 90 /yy
'; WHEREAS, Doug Rager (hereinafter "Applicant") is the owner
of a lot situated adjacent to and behind--the f:olland Hills
subdivision, more specifically described in Exhibit "A11,
attached; and `
WHEREAS, the Applicant has applied to Pitkin County for a
1041 Geologic and Wildlife Hazard review to construct a single
,family house; and
WHEREAS, the Pitkin County Flanning and Zoning Commission
(hereinafter, "Commission") considered the request at a duly
noticed public hearing on August 7, ?990, granted 1041 Hazard
Review approval and recommend General Submission approval to the
Board; and
WHEREAS., the Board of County COmmissioners considered the
request at a duly noticed public hearing on October 23, 1990.
NOW, TBEREFORE BE IT RESOLVED by the Board of County
Commissioners that it hereby gra~lts Doug Rager General Submission
approval to construct a single family home subject to the
following conditions:
?• The applicant shall provide a site plan for recordation
which meets. approval of the Planning and Zoning
Commission.
' ... v4 "ui.. tJJJ ~ ~ O'.J
Silvia Davis, Fi. •n Cnty Clerk, Doc $.OC>
;,
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2. The applicant shall comply with recommendations made by
the Colorado Division of Wildlife. They are as
follows:
a. No dogs shall be allowed on the property;
b. No fences shall be erected on the property; and
c. Natural vegetation shall be maintained outside the
building envelope, and no .grazing shall be
permitted on the property.
3. The applicant shall comply with recommendations made by
the Environmental Health Department, prior to building
permit issuance.
a. A site. specific soils evaluation including a soil
percolation test must be done to determine the
final septic system design.
b. Water shall be tested to determine that the'
quality meets the requirements of the Colorado''
Division of Heal'_h.
c. The applicant is .allowed one, fireplace and one'
certified wood stove.
d. The applicant shall agree not to install or use an
incinerator.
4. The applicant shall address the following concerns'
identified by the County Engineer.
a. The recommendations of Dr. Lampiris April 9, 1990
report (attached as Exhibit "A") sha1T be followed
with respect to building design and placement.
b. The applicant shall improve his portion of the
access Yoad to County Driveway standards. The
applicant shall apply for and receive an'
Earthmoving permit for this work prior .to approval
of a building pe-'mst for the home or garage.
5. All material representations made in the public hearing
and. .application shall be considered conditions of
aPPraval. ..
APPROVED by the Board at its regular .meeting on~October, 23,
1990.
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Silvia'bavis, F'it4;~ my Cler4::, Doc g.<j0 '
BOARD OF COUNTY COMMISSIONERS
OF PITKTN COUNTY, CO7.ORADO '
ATTEST•
`-~~~
Jeanette Jones, Deputy
County Clerk
v'
APPROVED AS'TO FORM:
G.
Tim 't it
Count At r ey
reso.gs.rager
Herschel .Ross, Chairman
APPROVED AS TO CONTENT:
I ~~l , "
i~my Margerum,
Pla~priing Director
' Silvia Davis, F'~:in'Cpt Cleri; °''~ ru d -.
Y , Doc $.CK~ ~
- Exhibit "A"
Rager 1041 Hazard Review
Legal bescription
A parcel of land situated 1n Tract 64, in Sections 16 and 21, T 8S,
R 86W of the 6th P. M., lying northerwesterly of the centerline of a
lane, more completely described as follows: a brass cap monument
marked for A. P. No. 2 of Tract 64 bears N 88°35148" W. 385.58 feet;
thence S 88°35148" E. 908.14 feet to a brass cap monument marked for
A.P. No. 1 of said Tract 64;
thence South 248.00 feet;
thence S. 71°25128" W. 162.20 feet along the centerline of said
lane;
thence S. 89°34124„ W, 57,60 feet along the centerline of said lane;
thence S. rt5°34138" W, 50,80 feet along. the centerline of sa(d lane;
thence S. 72°15126^ W, 167.29 feet along the centerline of said
lane;
thence N. 60°11127" W. 206.22 feet;
thence N. 52°00156„ W, i3t.41 feet;
thence N. 36°544811 W. 136,99 feet;
thence N. 62°19105' W. 100.48 feet;
thence N. 35°40120" W. 92.37 feet to the point of beginnlog,
TOGETHER WITH a perpetual, non-exclusive easement and .right of way
for the purposes of Ingress and egress, as created, defined and
established fn that certaih Graht of Perpetual Easement for Ingess
and Egress from Robert T. Morrow to Douglas Rager, and recorded
March 22, 1990, in Book 616 at Page 788, said easement being over
and across•a strip of land 20.00 feet in width located within Parcel
1 and Parcel 2, BARTA FAMILY SUBDIVISION as recorded in Piat Book 14
at Pages 2 and 3, extending from the Northeasterly`rigfi#-of-way line
of Colorado State Highway No, 82 Northeasterly to a line that bears
S19°36139"E from thhe Po1nt of Termination, the Nortfiweste~ly Tine
of said strip of land being described as follows:
BEGINNING at the most Westerly Corner of said Parcel 1, thence
N 39°12111"E, 849,29 feet slang the Northwesterly Tine of Bald
.Parcel 1 and said Parcel 2;
of8sa~dNPar1-cej/2~f1E, 677.23 feet along the Northwesterly line •
,Thence N 72°271361fE, 43.58 feet along the Northwesterly line of
said Parcel 2;
',Thence N 70°23141"E, 180.00 feet along the Northwesterly Ilne
of said ParceF 2 to the POINT OF TERMhNATICN.
" ~,
#32911{°'"'"^/t8/9q lq:.°~S Rec ~.qq E+K'`fb PG 636
' -Silvia`._.;vis'Fitkin Cnty Clerk, Doc~~:~ic~
.Y RESOLUTION AF THE PITRIN COUNTY PLAtJNING AND_ZONING COMMISSION
GRANTING DOIIG RAGER 1041 HAZARD REVIEW APPROVAL
TO CONSTRIICT A SINGLE FAMILY RESIDENCE
Resolution No. PZ-90-~
WHEREAS, Doug Rager (hereinafter "Applicant") is the owner
of a lot situated_..adjacent to and behind the Holland Hills
subdivision, more specifically described in Exhibit "A",
attached; and
WiII;REAS, the Applicant has. applied to Pitkin County for a
Geologic and Wildlife Hazard review to construct a single family
house; and
WHEREAS, the Pitkin County Planning and Zoning Commission
(hereinafter, "Commission") considered the request at a duly
noticed public hearing on August 7, 1990 .
NOW, THEREFORE BE IT RESOLVED by the Commission that it
hereby grant Doug Rager a Geologic and Wildlife Hazard Review
approval to construct a single. family home subject to .the.
following conditions::
1. The ,applicant shall provide a site plan for recordation
which meets approval of the Planning and Zoning
Commission..
2. The applicant shall comply with recommendations made by
the Colorado Division of, Wildlife. They are as
follows: ,. .. ,
a. Dogs shall be restricted .from the property;
b. No'fences shall be erected on the property; and
c. Vegetation shall be maintained outside the
building envelope, and no grazing shall be
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#34118 `~"~/<<^S/90 10:,;5 ~iec ~. 00 Pf; '~ ~ pg '637
Silvia 1._vis, F~itkin Cnty Clerk, Doc ~.cjp
Resolution No: PZ-90- .3
Page 2
permitted on the property.
3. The applicant shall comply with recommendations made by
the Environmental Health Department, prior to building
permit issuance.
a. A site specific soils evaluation including a soil
percolation test must be done to determine the
final septic system design.
b. Water shall be tested to determine that the
quality' meets the requirements of the Colorado
Division of Health.
c. The applicant is allowed one fireplace and one
certified wood stove.
d. The applicant shall agree not to install or use an
incinerator.
4. The applicant shall address the following concerns
identified by the County Engineer.
a. The recommendations of Dr. Lampiris April 9, 1990
report (attached) shall be followed with respect
to building design and placement.
b. The applicant shall improve his portion of the
access road to County Driveway standards. The
applicant. shall apply for and. receive an
Earthmoving permit for this work prior to approval
of a building permit for the home or garage.
5. All material representations made in the public hearing
and application 'shall be considered conditions of
approval.
APPROVED by the Commission at its regular meeting on August
7, 1990.
PITICIN COUNTY PLANNING AND
ZONING COMMISSION
(\ ~ `~'' ~
Suzanne Caskey, Chairperso
#k~29118 1 F~°"°B/40 10: v5 Rec ..2.00 FiF' b.~"~?6 638
' Silvia Da a, 'F'itkin Cnty Clerk'.9 boc .._00
., --'
Y Resolution No. PZ-90-~
Page 3
5
ATTEST:
Debbie Skehan,
Administrative Assistant
APPROVED. AS TO FORM; APPROVED AS TO CONTENT:.
_ Amy arge
~S~COUnty Attorney Pla ing Di ctor
reso.1041.rager
#29118 12/28/9~~ 1C~: vv Fec ~. h<~ EtY.. (~3F, PG 639
Silvia Dr`s ~, F'tFi.n Cnfy C1erF:`., Doc' nC~
Exhibit "A"
Rager 1041 Hazard Review
Legal Description
A parcel of land situated in Tract 64, in Sections i6 and 21, T SS,
R 86W of the 6th P. M., lying northerwesterly of the conterline of a
lane, more completely described as follows: a brass cap monument
marked for A. P. No. 2 of Tract 64 bears N 88°35'48" W. 385.58 feet;
thence S 88°35'48" E. 908.14 feet to a brass cap monument marked for
A.P. No. 1 of said Tract 64;
thence South 248.00 feet;
thence S. 71°2528" W, 162.20 feet along the centerline of said
i ane;
thence S. 89°34'24" W. 57,60 feet along the centerline of said lane;
thence S.~ 35°34'38" W, 50.80 feet along the centerline of Bald lane;
thence S. 72°15'26' W, 167.29 feet along the centerline of said
I ane;
thence N. 60°11'27" W, 206.22 feet;
thence N. 52°00'56" W, 131.41 feet;
thence N. 36°54'48" W. 136.99 feet;
thence N. 62°19'05" W, 100,48 feet;
thence N. 35°40'20" W. 92,37 feet to the point of beginning,
TOGETHER WITH a perpetual, non-exclusive easement and right of way
for the purposes of ingress and egress, as created, defined and
established in that certain Grant of Perpetual Easement for Ingess
and Egress from Robert T. Morrow to Douglas Rager, and recorded
March 22, 1990, in Book 616 at Page 788, said easement being over
and across a strip of land 20.00 feet in width located within Parcel
h and Parcel 2, BARTA FAMILY SUBDIVISION as recorded in Plat Book 14
at Pages 2 and 3, extending from the Northeasterly right-of-way line
of Colorado State Highway No. 82 Northeasterly to a line that bears
S19°36'39"E from thhe Point of Termination, the Northwesterly line ,
of said strip of land being described as follows:
BEGINNING at the most Westerly Corner of said Parcel 1, thence
N 39°12'11"E, 849.29 feet along the Northwesterly Tine of said
Parcel 1 and said Parcel 2;
ofesa~dNParcel~20"E, 677.23 feet along the Northwesterly line
Thence N 72°27'36"E, 43.58 feet along the Northwesterly Itne of
said Parcel 2;
Thence N 70°23'41"E, 180,00 feet along the Northwesterly line
of said Parcel 2 to the POINT OF TERMINATION.
,..
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AGENDA ITEM SUMMARY
TO: Board of County Commissioners
Regular Meetixig - October 23, 1990
THRU: Reid Haughey, County Manager 11 1
Amy Margerum,'Planning Directory
RE: Rages General .Submission.....
FROM: Mary Lackner, Planner
REQUEST. The applicant is requesting~General Submission approval
to construct a :.single family house on a metes and bounds.,.
property.
SUMMARY: The applicant has received 1041 hazard review approval
by the Planning and Zoning Commission to build a single family
house within a wildlife and.. geologic hazard area. The_Plannng
Office recommends General Submission approval.
APPLICANT: Doug Rages
LOCATION: The property is located adjacent. to and behind the
Holland Hills subdivision near Basalt.,.
ISSUES: The following three issues are related to the General
Submission criteria:
1. There are natural hazards on the property, but the
applicant has agreed to the recommendations.. of _the
consulting geologist, to mitigate potential impacts..
2. Access to the. property is along an existing ranch road,
.which the applicant has agreed `to upgrade`to County
Driveway standards.
3. The applicant has agreed to the conditions of the
Environmental Health .Department to provide adequate
water and septic systems. on-site..
ALTERNATIVES;. The Board of County Commissioners may:.
1. Approve the applicant's request with conditions.
2. Deny the applicant's request.
RECOMMENDATION: The Planning Office recommends Alternative 1,
with`the conditions listed in the attached memo. ;
ais.gs.rager
THRU: Reid Haughey, County Manager
Amy Margerum, Planning Director
RE: Rager General .Submission _ _
FROM: Mary Lackner, Planner
REQUEST- The applicant r ~ ~-
eceived 1041 Hazard~Review approval from
the Planning Commission on August 7, 1990 by Resolution No. PZ-
9.0-23 and is requesting General-Submission. approval to construct
a single family residence within .mapped wildlife and. geologic
hazards.
APPLICANT: Doug Rager
DESCRIPTION OF THE PROPOSAL: The property was originally .part of
the 'Hoaglund Ranch and was created when the Ranch was subdivided
into Holland Hills. in 1970. The property borders BLM land on the.
east. and north.
LOCATION;. The. property is located adjacent to and behind the
Holland Hills subdivision near Basalt.
ZONING: The 5.62 acre property is zoned. AF-1.
ACCESS: ,.Existing access is directly off State Highway 82
onto a private access easement. The applicant has
acquired easements to. use this driveway.
SEWER: The applicant proposed an individual sewage
disposal system.
WATER: The applicant is proposing to drill a domestic
well on site.
REFERRAL AGENCY COMMENTS
Environmental Health- In a memo dated May 25, 1990, (Attachment
1) the following comments were submitted:
Sewage- Our preliminary evaluation of the building site
used information from 'adjacent parcels and general soils
conditions and found that conditions are suitable for the
installation of individual sewage disposal systems on
adjacent parcels.
1
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The possible limiting factors fgr the construction of an on-
site sewage disposal system for this site include the rapid
permeability and stoniness of the soil, the depth to bedrock
and the moderately "steep slopes. A ;site specific soils
evaluation, including soil. percolation tests must be done in
order to determine the final, system `design. If any of the
above limiting factors preclude the,. installation of a
standard system,. an engineered design system that still
meets the requirements of the,_Pitkin County' Regulations on
Individual Sewage"'Disposal Systems should be able to be
_ _ _. _ ~ ,,,__ ., r.~. .. ~ - __ , ~. ~..
Water- We agree with the opinion of the consulting
geologist and Wayne Shelton of Shelton"Drilling that a well
drilled to a depth of '200 to 300 feet into the Maroon .
Formation should provide. sufficient. quality and quantity of
water.
Air 4ualit~ The proposed. residence is allowed one
fireplace and .one certified wood stove. During
construction, the applicant should make every attempt to
.prevent windblown. dust from blowing onto adjacent
properties.
Clean-up of Adjacent Dump Sites- The applicant is to be
commended for his intent to work on, cleaning up illegal dump
sites that exist on adjacent private property (owned by Mr.
Robert Morrow) and on adjacent public property:
County Engineer- In a memo dated July 6,.1990 (Attachment 2),
Tom Newland submitted the.. following comments:
Geologid- The recommendations of br. Lampiris should be
followed with respect to building design and placement.
Impacts on Road Svstem- The proposed Tand use will increase
traffic on State Highway 82 at the T~7ingo Ranch intersection..
This road is a narrow one ,lane access which adjoins Highway
82 at the D&RGRR crossing at Wingo Junction,
The Wingo Ranch road should be improved to a two-lane,
Country Access standard. However, it is not felt that the
applicant should burden the costs of improving this .road
entirely. `Therefore, the applicant should apply for and
receive a State Highway Access Permit before a building
permit is granted. The 'state can determine if further
improvement of the Wingo Ranch road is required because of
this change in existinquse.
Internal Road Design- The applicant commits to improving a
his portion of the access road to County Driveway Standards.
2
i
r
The applicant should apply for and .receive an Earthmoving
Permit for this work.. prior to approval_of a building permit.
Colorado Department of Highways- on a postcard dated_June 4,
1990 the Department of Highways had no comments , on ,the proposed
development.
Division of Wildlife- In a letter dated May 29, 1990 .(Attachment
3) Randy Cote submitted the following comments:
"This parcel .lies. on the edge of critical wildlife winter
range. The proposed homesite will disrupt little vegetation
and its proximity .to other residences will most, likely have
insignificant impact on wildlife use.
Because of the homesite location, I would recommend no
grazing be allowed on the Brushing hillsides and that
fencing as well as dogs be restricted from the site."
STAFF COMMENTS
The following provisions of the Land Use. Code apply to this
application..
Section 5-404 Wildlife Habitat Area
The site is within mapped mule deer and elk winter range and mule
deer critical habitat..,....
According to the Division of Wildlife's comments, the applicant's
proposal should have minimal .impact on the existing wildlife
resources due to the,.,proposed residence's. proximity to existing
development, if the Division. of Wildlife's. recommendations are
adhered to.
Section 5-401.2 Geologic Hazard Area,.
The .proposed building envelope is located_on_ slopes exceeding
15%. The Land Use Code indicates that:
Development shall be discouraged on slopes of fifteen
percent (15$) and greater unless probYems of stability and
erosion can_be overcome. Any development approval shall be
based on a detailed site survey including geologic and
engineering analysis and shall.. comply with the followingb
(A) Cuts shall not be made into.„slopes steeper than thirty
percent (30$) unless. mechanical support is provided.
(B) Cuts and fills, and. grading and scraping shall be
confined to the minmum`area needed for construction.
3
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(C) Steepness of cut and fill slopes shall be the maximum _
~.,~x.
which will insure stability-and still allow revegetation.
(D) Development plans shall include, reasonable but adequate
.~ .~ . ,b .,.. ., . ~...
control measures. Large tracts should be developed in small
~,..
workable units without leaving large areas for long periods.
(E) IIse mulches or_temporary cover on exposed soil areas and _
re-establish permanent .vegetation. and install_ erosion
control-measures as~ oon_aspossible.
(F) Incorporate natural drainage patterns into the,.
development plan. Culverts, sediment basins and other
engineering measures should be used where necessary to
,.. .
control erosion.
(G) Soil absorption sewage disposal systems should not be
placed on slopes steeper than fifteen percent (15$).
Response: The applicant is proposing to place the structure_on
slopes of up to 25 percent instead of_the flatter portion of the
property. The lower portion of the property is fairly level and
is withinan debris fan at „the mouth of the gully. The
applicant's preference is to be above the bottom of the gully to
,~.,.
avoid the event of potential "gully washers". The applicant is
proposing to move up the hillside onto slopes of 25 percent to
avoid the gully wash hazard.. (Attachment 4, Site Plan).
Dr. Nick Lampiris's report (Attachment _5), indicates. that.
geologic concerns nclude_rock „fall, and those connected with the
debris fan which is formed at the mouth of a gully out of the red
hills adjacent to the site. The site. as shown is_ located above
_.
and will not- be affected by the fan. Nevertheless, an
investigation •for proper foundation design is .necessary because
the site is fairly steep. Dr. Lampiris recommends construction
a ~ . P ..
deflection device on the u hill side of
theasitell berm or other,...,
Dr. Lampiris also explains that the rock fall hazard... is minor.
because only small sandstone blocks are in the vicinity coming
froman outcrop pattern not too far above the site.,. A three foot
stem wall with no windows is recommended at 'the rear of the home
to minimize rock damage, if it occurs at all.
High Voltage Power Line
The applicant has indicated concern about constructing the
proposed residence in close proximity to the high voltage power
line adjacent to the .property. The applicant has submitted an
article .(Attachment _6) discussing the potential health problems
associated with living under a high voltage power line. .The..
personal health hazards are of_ great importance to Mr. Rager,
4
3
whereby he wants_to locate his residence as ,far as possible from
these powerlines. Although powerlines are not' "a` hazard
recognized in the 1041 review, the Planning Office feels Mr.
Rager's concerns should be considered.
Section 6-3 General Submission
The following General Regulations (Article 5) and Policies
(Article 2) of the ..land Use Code are ,applicable to the
applicant's proposal..
Section 2-3 Natural and Man-Made Hazard, and Resource Areas-
..,
The building site is within mapped wildlife aiid geologic
hazards. The hazards should be adequately mitigated to
insure safety of the house and occupants.
Sections 2-4 and 5-100 Soil, Surfical Geological
Characteristics and 'Radiation- The applicant believes.. that
~~ .... ~. .. ~ . ~. _ ce geological
characteristic hazards that cannot be
compliance with Dr t Lampirisn s report or surfa mitigated by
Sections 2-5 and 5-101 Drainage- The applicant skiould create
positive drainage around the home so that water does not
reach the foundation thereby unduly wetting the sails there.
Sections 2-ll and 5-102 Erosion- The applicant has. proposed
the building site to avoid significant natural drainage
paths and should not have_a impact on erosion.
Sections 2-13 and 5-104' Compatibility With Agricultural
Lands and. Operations- The land where the building site is
located presently is not used for agricultural uses and is
not suited for such use.
Sections 2-16 and 5-105 Scenic Quality- The proposed
homesite is located on, a_ hillside overlooking the Barta
Subdivision. The hllside'location of the home will be more
visible than a lower site on the property, however geologic
concerns have moved .the homesite„_up the hill.
Sections 2-17 and 5-106_ Air Quality= The applicant shall
meet Environmental Health regulations regarding woodburning
devices and dust control.
Sections 2-7 and 5-200 Sewage Treatment and Collection- The
applicant shall meet Environmental Health standards for the
design and placement of the sewage treatment system.
Sections 2-8 and 5-201-.Impact on the Road System- There is
an existing road to the site which will have an increased
traffic flow due to this new residence. The increased.
} 5
traffic should not pose significant negative impacts to
Highway 82.
Sections 2-9 and 5-202 Road Design and Construction- The
existing driveway into the building envelope needs to be
upgraded to meet County Access requirements....
Sections 2-10„and 5-203 Logical Extension of_IItilities The
site islocated adjacent '~o~`theHolland Hills subdivision ~~
.x,~ ...,, .. ,
and utilities can easily be brought onto site.
Section 2-21 Compatibility with.Existinq Neighborhoods- The
homesite is 'located adjacent to the Holland, Hills
subdivision, Barta Subdivision and BLM lands. The proposal
.~ ~ ~.,...~~ ,..g land uses. .
is consistent with the surroundin
SUMMARY.
section 5-401(h)(2) of the Land Use Code discourages development
on slopes over fifteen percent (15$). The applicant is proposing
development on slopes of_ up to twenty five percent (25%). There.
are hazards evident. on the lower portions of the site. Planning
' ~' „, '.m . ''~ ~'eeh that the homesite would be
staff and Plannin Commission ~~
5 _..
best situated as proposed by the applicant and indicated on the
situ plan.
RECOMMENDATION
The Planning Office recommends. „that the Board of County
Commissioners approve the, applicant's request with the following
conditions•
1) The applicant shall. provide a site plan which meets approval
of the Planning and .Zoning Commission prior to the
recordation of the 1041 review'site plan.
2) The applicant shall oomply with recommendations, made by the
.......:...
' life,.,ti_ The following conditions
Colorado Division of Fuld
shall be referenced 'on the ~~ ~ n
1041 review, site plan:
a. Dogs shall:be restricted from the.. property;
b. No fences shall be erected on the property; and
c. Vegetation shall be maintained outside the___
building envelope, and no grazing shall be
permitted on 'the. property.
3) The applicant shall comply with .recommendations made by the
Environmental.. Health Department, prior to building permit
issuance.
6
~, ~ _ ,~ ' ,.e.. _. ~ ......
a. A site specific soils evaluation including a soil
'percolation test must be done to determine the
final septic system design.
b. Water shall be tested to determine .that the
quality meet5`the requirements of the Colorado
Division of Health.
c. The applicant
certified wood
d. The applicant
incinerator.
4) The applicant shall
identified by the County
is allowed one fireplace. and one
stove.
shall agree not to install or use_an
address the _ following concerns
Engineer.
a. The recommendations of Dr. Lampiris April 9, 1990
report (attached) shall be followed with respect
to building design and placement.
b. The applicant shall improve his portion of the
access. road to County Driveway standards. The
applicant shall apply for and receive an
Earthmoving permit for this work prior to approval
of a building permit .for the home or garage.
5) All material representations made. in the public hearing and
application shall be bonsidered conditions of approval.
1041.bocc.rager
7
ASPEN*PITKIN Attachment 1
,,~
ENVIRONMENTAL HEALTH DEPARTMENT
To: Mary Lackner
.Planning Office
From: Environmental Health Department
Date: May 25, 1990
Re: Roger 1041 Hazard Review and General Submission
Parcel ID# 2467-212-00-002
The Aspen/Pitkin Environmental Health Department has reviewed the
above-mentioned land use submittal under authority of the Pitkin
County Code, Title II, and has the following comments.
SEWAGE TREATMENT AND COLLECTIONe Sections 2-7 and 5-200:
G,~ The application indicates that wastewater from the proposed
single family residence is to be disposed of by means of an on-
site septic system-absorption field. The applicant has submitted
an application to this office for a individual sewage disposal
system permit. Our preliminary evaluation of the building site
uses information from adjacent parcels and the general conditions
reported for the soil types as listed on the Soil Conservation
Service maps. Conditions were found suitable for the
installation of individual sewage. disposal systems on adjacent
parcels in the Holland Hills Subdivision and in the Barta Family
Subdivision.
The Soil Conservation Service soil type on this parcel is 55 F.
This soil type is characterized as a cobbly loam at the soil
surface and as a cobbly, sandy loam to flaggy, sandy. loam at the
subsurface. The permeability of this soil type is described as
rapid. Typically this soil type'shows a moderate depth to'
bedrock, however the letter enclosed with the application from
the applicant's consulting geologist, Nick Lampiris, describes
the bedrock as being "near surface".
The possible limiting factors for the construction of an on-site
sewage disposal system for .this site include the rapid
permeability and stoniness of the soil, the depth to bedrock and
the moderately steep slopes. A site spedi.fic soils evaluation,
including soil percolation tests muse be done in order to
determine the final system design. If any of the above limiting
factors preclude the installation of a standard system, an
engineered design system that still meets the requirements of the
Pitkin Count Re ulations on Individual Sewa e Dis osal S stems
should be able to be constructed.
130 South Galena Street Aspen, Colorado 81611 303/920-6070
,,.„,' ,;.,„ ASPEN*PITKIN '
ENVIRONMENTAL HEALTH DEPARTMENT
Rager 1041
May 25, 1990
Page 2
Control of irrigation water and drainage courses may prove
important to sewage disposal system operation, and. should be
addressed as an overall part of the final drainage plan.
ADEQUATE PROVISIONS FOR WATER NEEDS: Sections 2-6 and 5-205:
The applicant has applied for a permit to drill a new well for
domestic water use. We agree with the opinion of the consulting
geologist and Wayne Shelton of Shelton Drilling that a well
;~ drilled to a depth of 200 to 300 feet into the Maroon Formation
~/ should provide sufficient quantity and quality of water. Once the
new well is developed, we would Yecommehd that it be tested to
determine if its water quality parameters meet the requirements
of the Colorado Department of Health. The consulting geologist
states in his letter that this water may contain excess amounts
of iron from the red beds. In addition, the Maroon Formation
typically yields water that is excessively hard. This situation
can easily be alleviated with a water softening system.
AIR QUALITY: Sections 2-17 and 5-106:
This house will be allowed one woodburning fireplace and one
~~ certified woodburning stove. The applicant may contact this
office for permits for these devices..
While the covenants. allow incinerators, the applicant should
agree to not install or use such a device.
During construction, the applicant should make every attempt to
prevent windblown dust from blowing onto adjacent properties.
NOISE: Section 2-23
~n Noise generated during the construction phases of the project can
be expected to impact the neighborhood. However, long term noise
impacts are. not expected to be created by the proposed land use.
CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: Section 2-2
None that are enforced by this office.
CLEAN-UP_nF ADJACENT DL7MP S?TD'S:
k The applicant is to be commended for his intent to work on
~ cleaning up illegal dump sites that exist on adjacent private
property (owned by Mr. Robert Morrow) and on adjacent public
property.
'I30 South Galena Street Aspen, Colorado B'16'1'1 303/920-5070
„„
_~ _ ~ ;
ASPEN~PITKIN ~ ~ - , .
ENVIRONMENTAL. HEALTH DEPARTMENT
Rager 1041
May 25, 1990
Page 3
CONTAMINATED SOILS:
The applicant is advised. to contact. this office for comment
should mine waste, waste rock or mine dumps be encountered during
the excavation phase of the project. Disposal of such materials
off-site is discouraged due to the possibility of excessive heavy
metals being present in the soil.
This is not a requirement, but simply a request based on past
experience in dealing with mine waste and possible negative
impacts to humans.
'130 South Galena StraeC Aapan, Colorado 816'1'1 303/900-8070
Attachment 2
MEMORANDUM
TO: Mary Lackner
FROM: Tom Newland
RE: Rager 1041 Hazard Review
DATE: July 6, 1990
I have reviewed the information submitted and would like to
forward the following comments to yon:
Geologic: The recommendations of Dr, Lampiris should be followed_
with respect to building design and placement.
Impacts on Road .System:. The ..proposed land use will increase.
traffic on State Highway 82 at the Wngo Ranch intersection.
This road is a narrow one-lane access which adjoins Highway 82 at
eh D&RGRR crossing at Wingo Junction. Approximately 5 to 10
dwelling units already use this road for access:
The Wingo Ranch road should be improved to a two-lane, Country
Access standard. However, it is .not .felt that the applicant
should burden the costs of improving this road entirely.
Therefore, applicant should apply for-and receive a State Highway
Access Permit before a building permit is granted. The state can
the determine if further improvement of the Wingo Ranch Road is
required because of this change in existing use.
Internal Road Design: The applicant commits to improving his
portion of the access road to County Driveway Standards. The
applicant should apply for and receive an Earthmoving Permit for
this work prior to approval of a building permit.
STATE OF COLORADO _ Attachment 3
ep.,~ REFER ~TO
Roy Romer, Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE `°~~~°~
AN EOUAL OPPORTU NITV EMPLOYER
Perry D. Olson, Director J+~ Qv
8060 Broadway O,i. ~~'
Denver, Colorado 80216 OF
Telephone: (303~2a7.1192
May 29, 1990
Mary Lackner
Pitkin County Planning
130 So. Galena
Aspen, CO 81611
Re: Rager 1041
~~;Y 3 0130
This parcel lies on the edge of critical wildlife winter range.
The proposed homesite will disturb little vegetation and its
proximity to other residehces will most likely have insignificant
impact on wildlife use.
Because of the homesite location. I would recommend no grazing
be allowed on the brushing hillsides and that fencing as well as
dogs be restricted from the. site..
~c~
Randy Cote
District Wildlife Manager-Aspen
DEPARTMENT OF NATURAL RESOURCES. Hamlet J. Barry, Executive Director
WILDLIFE COMMISSION. William R. Hegberg, Chairman . Dennis Luttrell, Vice Chairman • Eldon W. Cooper, Secretary
Felix Chavez, Member • Rebecca L. Frank Member• Gene 8. Peterson, Member.• George VanDen Berg, Member • Larry M. Wright. Member
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_-- Attachment 5 --
r y... c- ,. ::..
Nicholas Lampiris, Ph.D.
CONSULTING GEOLOGIST
0793 VALLEY ROAD
CAR8ONDACE, COLORADO 81623.
. (3031 9 63-3 80 0 (24 NOURS) .... _...
17oug Fi3gt-?P"
,>
Pt] Fd:; hEtl
Aspen CO ~if~f.^•_
f"iE. t=lingo ,71_rncti.on F'r-opert•,~
Pear Mr . f?agar : _
l have ccimpleted my geglpgic i:nve=ti otii`aii r...{ tlr~; ~hr^vt~ _ _
r-~ feren~•ed proper-ty north of l-iighway Et2, ±:hn P.envttr- and ti i.r:~
(h•-ande Rai7.r-oad to-a~Hi ~, Znd the Foar`-"ng FTt7rG Fli'Jei^. TPi<,
north of 'bJingo J~inci:inn'in Seci:ions'1h and ?f, T'~J S„ F{,i3u lrJ'
of the Si ;:i:h"FIW, F'itki.n county, Colorado. 1-J67.lancl F1i11. is
<-xd.jar_eni: ir.o thr west. l"he huilding sites is at tt;F_; ~a>t enrt ,
of the pro}icri:y, as shown on Elie ar_c~mpanying niap, on a 'sor.tth
f <aci ng , r•cad ti.i 11 s.i. de: :di'th r-ed sanrJst'i~nfa `oi:i`L-.r..r-ci}is 'on .i.
There aresr_atter'Fd pinions orc the site..... ,
l"he red beris of thc~ rennsylvaii.an-Permian ac7e t9ar-r..on
Fnrniati.on r_an t:rc: seen at acid tiehinri t'h Si.te and [in<iel~lr; the
siiae at i.ts 1ow~_=r and whey<~ r~nly several..{net of collr.r•~i:irm
co~~er the outcr-np=_. T'hs beds are nearJ.y fJ.at 7.yi.ng'. '
l-lac=grologitr~canca=r-n< inch-rd~ rock fall, and ihns.<.+ c~~nrraci;id
with the debris fan iahi.ch is formed at tGe mct-Ith of :a grill,
a_rt of the r-ed hills aii.jarent_.Eo the.'.aite..._The sy{(a -:,.....=;h~~~wn_... _.
:•ai.l l nc?i'. be affer_tctd by the Mari `because ; i. i s abovta it, `: _
never~f:hel~ss, an imn=stigation for prnptar-' for.rndati on <ir.~=;i on
is nec.F~sS~irv because fhe si.fe i.s fairy .tr?e}~ (tne nc~zu~ '
scarfar..e bsrlrgr_ti :•rill. pr-Quids a sable ba=n 'or- the
faundatirm). I rer_nrnmcncf the can<tructinn'`e>f ca Sln."171. i)('Y'm or'
ot:.her d..fl.ectitin iievice on the uphill sirJe ryf fait= rt r= t~:~
F.eep any 'sheet.flew from reaching fhe prrt~oed hnine. T143s
-featr.u ca ca.n he i.ncorporattad within tfie 1 xr =oar it:ii:~_r-opa> c;~n t.1ie
uphil.]. side of the sit:.e at the rear- of ihr~ l-inmt~ Tlx-_''hcirnr..i
s~l-ror.rld ha'vi= positive dr^ai.nagc around"'it ~o"r_h~t r•?af•rr riri~,
not r-Pach i:iiE: four'Idation, Cher-eby Y.rndu7.y o-re{aitiu 1{hey ~o.l~~
there.
l"hr_ rocl^ ial.l h,]>ard is minoi^ becaus=r nasty ~mtill ~andsfone
h7.ocl s rvrn avai.labl.e and they rri l7 cc~mr~ frnm an rsiitrral;`
paki~.ern nat.. too f~:il~ aba.~e the site. 1 I~ecomm rnrt a +! r-r. r+ Riot
<;tem w<.1 I ,-ri: i:he rear a~f t:he home, :•l.lh rues w.i.niiai•~sd i.r+ i t. =.r,7 ..
that. rrlck d~arri irte i.s rnini.me~l, i.f i+_ ciar lu ~; at. r+lJ
ro , ~ "* ~ ;y
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_t.r .vr ,.-i
z1 prnrJa.rc i nra rdel 1. Str cn.rl d he nhlc .±; nFr 1 Lrr c.l r-i i. T ~ nn :'^'+ h
..., feet h~l.ot-: {:hr= :,ti.e~.fa<_r:~ ir'il:c+ tP'ir, I`lsrrarn~ IT.or-nr+ti.i~r. rl+~., +.o +;:.:.i:..
~~~i.J.1 T~rn!.~eit?:1.y rcnni::~i.ii irr.~ri i'r-am +:hca + r.r+ Fs. a ,. i,.i_:i< ii.<:+ r=::al
should be pvssi.blr:c thro+-rn+a Ef+ , _• ci r +:;r,rl,.+'rf_-FI,Cic !.anh
,~rrd dr'ai.n f ie~ld t:i,-a.,. r .~r h ;r:+ l ., :~,., ~ra.i.:.alra ~ pr,r ,ru ~!-+1~-+ <~rid
there i.s enor.rciti r-nnm 1:•a h ~I+`r>ra~ .i+.-. th ,c+.:r(ar.arrdni:r ! C:orir,r:. cr4
t:.h= lr i ,s shpa:n. T'he r + l'.4r.iri tlrxuity ° .rr; tr+ti.nr'+ E-~u7+'nr=e>r'
+-,or.~Jri ', c= crn.~.rL ir~d Eor' his=...prc:,.fi.c rr-.ccunme_~ndai:ions, ~~r(d i. t.
rraa, hi +uace,sar'y to ent~agea t1 ci~:il E~r+r~in:rrar tq assist in .the
deS:i GII": ~.
flr-:c'r--'+=. _:; t_o Lrrr~ tam=e •rf 4:.hr ~it~. is pr`F~sen't nra'a sl:act i1: n+' arer
Iar.;t rr..t c1s snine~ improvement. to Lira a.rseahJ.r, r3r_Lr..t::ill y + ~.<a: +aii~,i
i ~.~ ynrr'aye are~:a wi1]. talre ~a hill. sidr. ,.u~:"~~nrJ <ti c7'a7 1.v
4:_rbsstng: l'I-ras aT.so m,>Y r'u;~r_d t:.i~ be I. i7i,.,r.r .ar;. T r,7;•~ s: :ca
th~al- i:he home he d =~i:griPd _;a ~z ; 'l-n ,+ Ar J tcir:• i I r> :>.r ~m+!l.,,r':. nrr
cif r°aadrm q,a,.s as 1_hi is L„r;rmir+rr .i.r:, ,1r4:+ nr ~_t.i.c•~ Cn ctr~.,
~itz,tc+. T: f tl,t=r-r.:. < re Fur'i l =r- cj ,r. <..± a .ar 1 ~:~;isF= dci rrot he=. a f _a~e
J1rl GPj~P e,J~)':,
h,Ii.cFatila l._=arnp%r-i.d
Carisa.alt.riG6eolbgi.st ..
.-
'~, _
MEMORANDIIt3
TO: Pitkin County Planning and Zoning Commission
FROM: Mary Lackner, Planner
RE: Rager 104.1 Hazard Review and General Submission
DATE: August 7, 1990
REQUEST: The applicant is requesting 1041 Hazard Review and
General Submission_ approval to construct a single family
residence within mapped wildlife and geologic hazards.
APPLICANT: Doug Rager
DESCRIPTION OF THE PROPOSAL: The property was originally part of
the Hoaglund Ranch and was created when the Ranch was subdivided
into Holland Hills in 1970. The property borders BLM land on the
east .and north...
LOCATION: The property is Located adjacent to and behind the
Holland Hills subdivision near Basalt.
ZONING: The 5.62 acre property is zoned AF-1.
ACCESS: Existing access is .directly off State Highway 82
onto a private access., easement. The applicant has
acquired easements to use this driveway.
SEWER: The. applicant proposed an individual sewage
disposal system.
WATER: The applicant is proposing to drill a domestic
well on site.
REFERRAL AGENCY COMMENTS
Environmental. Health- In a memo dated May 25, 1990; `(Attachment
1) the following comments were submitted:.
Sewaae- Our preliminary. evaluation of the building site
used information from adjacent parcels and general soils
conditions and found thaf conditions are suitable for the
installation of individual sewage disposal systems on
adjacent parcels.
The possible limiting factors for the construction of an on-
site sewage disposal system for this site include the rapid
permeability and stoniness of the soil, the depth to bedrock
1
~"'"
.and the moderatel
evaluation, includ
order to determine
above "limiting f
.standard system,
meets the requirer
~ steep slopes: A site .specific soils
_ng soil percolation tests must be done in
the final system `design.- If any of the
ictors preclude the installation of a
an engineered design system that still
Disposal Systems should be able to be
ents of the
Water- We agree- with the opinion of the consulting
geologist and Wayne` Shelton of Shelton Drilling that a well
drilled to a depth of 200 to 300 feet into the Maroon
Formation should. provide sufficient quality and quantity of
water.
Air Ouality_ The proposed residence is allowed one
fireplace and one certified wood stove.' During
construction, the applicant should make every "attempt to
'prevent windblown dust from blowing onto adjacent
properties..
Clean-up of Adiacent Dump Sites- Thee applicant is to be
commended for°his intent to work an cleaning up illegal dump
sites that exist on adjacent private property (owned by Mr.
Robert Morrow) and on adjacent public property.
County Engineer-' Tn a memo dated July 6, 1990 (Attachment 2),
Tom Newland submitted the following comments:
.Geologic- The recommendations of Dr. Lampiris` should be
followed with respect to building design and placement.
Impacts on Road System- The proposed land use will increase
traffc_on State Highway 82°`at the Wingo Ranch intersection.
This road is a narrow one lane access which adjoins Highway
82 at the D&RGRR crossing at Wngo Junction.
The Wingo Ranch road should be improved to' a two-lane,
Country Access standard. However,` it is not felt that the
applicant should burden the' costs of improving this road
entirely. Therefore, the applicant should apply for and
receive a State Highway Access Permit before a building
permit is granted. The state can determine if further
improvement of the Wingo Ranch road 'is required'becauseof
.this change in existing use.
Internal Road Design- The applicant commits to improving a
his portion of the access road fo CoY~nty Driveway'Standards.
The applicant should apply -for and receive an 'Earthmoving
Permit for this work prior to approval of a building permit.
Colorado. Department of :Highways- On a postcard dated June '4,
2
r ~ ~ ~ a. a
___~__
1990 the Department of Highways had no comments on the proposed
development.
Division of .Wildlife- In `a letter dated May 29, 1990 (Attachment
3) Randy Cote submitted the following comments:
"This parcel lies on the edge of critical wildlife winter.
range. The proposed homeste will disrupt little vegetation
.and its. proximity 'to other'residences will most likely have
insignificant impact on wildlife use. _
Because of the homesite location, I would recommend no
grazing be allowed on the brushing hillsides and that
fencing as well as dogs be restricted from the site."
STAFF CObIl~iENTS
.The following provisions of the Land Use Code apply to this
application...
Section 5-404 Wildlife Habitat Area
The site is within mapped mule deer and elk winter range and mule
deer critical habitat.
According to the Division of Wildlife's comments, the applicant's
proposal should have minimal impact on the existing wildlife
resources due to the proposed residence's proximity to existing
development, if the Division of Wildlife's recommendations are
adhered to.
Section 5-401:2 Geologic Hazard Area
The proposed building envelope is located_ on slopes .exceeding
15%.. The Land Use Code indicates that:
Development shall be discouraged on slopes of- fifteen
percent (15$) and greater unless problems of stability and
erosion can be overcome. Any development approval shall be
.based on a detailed site survey `including geologic and
engineering analysis and shall comply with the following:
(A) Cuts shall not be made into slopes steeper than thirty
percent (30$) unless mechanical support is provided.
(B) Cuts and fills, and grading and scraping shall be
confined to the minimum area needed for construction.`
(C) Steepness. of cut and fill slopes shall be the maximum
which will insure stability and still allow revegetation.
(D) Development plans shall include reasonable but adequate
3 ,
n ~
control measures. Large tracts should be developed in small
workable units. without leaving large areas for long periods.
(E) Use mulches or temporary cover'on exposed soil areas and
re-establish permanent 'vegetation `and install erosion
control measures as soon as"possible:
(F) Incorporate natural drainage patterns -into the
,development plan. " Culverts, sediment basins and other
engineering measures should be used. where necessary to
control erosion. ''
(G) Soil absorption sewage disposal systems should not be
placed on slopes steeper than fifteen percent (15$).
Response: The applicant is proposing to place the structure'on
slopes„of up to 25 percent instead of 'the flatter'porton of the
property. The lower portion of 'the property is fairly level and
is within an debris fan at the mouth of the gully. The
applicant's preference is to be 'above"the bottom of the gully to
avoid the event of potential "gully washers". The applicant is
proposing to move up the hillside onto slopes of 25 percent to
avoid the gully wash hazard. (Attachment 4; Site Plan).
Dr. Nick Lampris's report (Attachment 5), indicates that
geologic concerns include rock fall; and those connected with the
debris. fan which is formed at the mouth of a gully out of the red
hills adjacent to the site. The site as shown is located above
and will not be affected by the fan.` Nevertheless; an
investigation for. proper foundation design is necessary because
the site is fairly steep. Dr. Lampiris recommends construction
of a small berm or other deflection device 'on the uphill side of
the.. site.
Dr. Lampiris also, explains that the rock fall hazard is minor
because only small 'sandstone blocks"are in 'the vicinity coming
from an outcrop pattern not too far above the site. A three foot
stem wall with no windows is recommended at the rear of the home
to minimize rock damage; if it,occurs at all.
High Voltage Power Line
The applicant has indicated concern about constructing the
proposed residence'in close proximity to the high voltage power
line adjacent to the property. The applicant has submitted an
article (Attachment 6) discussing the potential fiealth groblems
associated with living under a high voltage power line. The
personal health hazards are of great importance to Mr:' Rager;
whereby he wants to locate his residence as far as possible from
these powerlines. Although powerlines are not a hazard
recognized in the 1041 review, the Planning Offices feels Mr.
Rager's concerns should be considered.
4
~ .,,
Section 6-3 General Submission
The following General Regulations (Article 5) and Policies
(Article 2) of the Land Use "`Code are applicable to the
applicant's proposal.
Section 2-3 Natural-,and Man-Made Hazard and Resource Areas-
.The building' site is within mapped wildlife and geologic
hazards. The hazards should be adequately mitigated to
insure safety of the house and occupants.
::Sections 2-4 and 5-100 Soil, Surficial Geological
Characteristics and Radiation- The applicant believes that
the home does not' contain soils or surface geological
.characteristic hazards that cannot be mitigated by
.compliance with Dr. Lampiris's'regor"t;T `
Sections 2-5 and 5-101 Drainage- The applicant should create
'positive ...drainage around the 'home so that water does not
reach the foundation thereby unduly wetting the soils there.
Sections 2-11 and 5-102 Erosion- The applicant has proposed
the building site to avoid significant natural drainage
paths and should. not have ampact on erosion.
Sections 2-13 and 5-104 Compatibility With Agricultural
Lands and Operations- The land where the building"site is
located. presently is not used for agricultural' uses and is
not suited for such use.
Sections 2-16 and 5-105. Scenic. Quality- The proposed
homesite is located on a hillside overlooking the Barta
Subdivision. The hillside location of the home will be more
;visible than a lower'site`on the property, however geologic
concerns have moved the.homesite up the hill.
Sections 2-17 and 5-106 Air Quality- The applicant shall
meet Environmental Health regulations regarding woodburning
devices and dust control.
jSections 2-7 and 5-200 Sewage Treatment and Collection- The
.applicant shall meet Environmental Health standards"'for the
design and placement of the sewage treatment system.
:Sections 2-8 and 5-201 Impact on the Road System- There is
-an existing road to the site which will have an increased
traffic flow due to this new residence. The increased
traffic should not pose `significant negative impacts to
Highway 82.
Sections 2-9 and 5-202 Road Design and Construction- The
5
.~
existing driveway into the: building envelope needs to be
upgraded to meet County Access. requirements....
'.Sections Z-10 and 5-203 Logical Extension of IItilities- The
site is located adjacent to the'Holland Hills subdivision
and utilities can easily be brought onto site.
Section 2-21 Compatibility with Existing Neighborhoods- The
homesite is located adjacent to the Holland Hills
subdivision, Barta Subdivision and BLM' lands. The proposal
is consistent with the surrounding land uses.
SUMMARY
Section 5-401(h)(2) of the Land Use Code discourages development
on slopes over fifteen percent (15~). The applicant, is proposing
development. on slopes of `up `to twen£y"five percent (25~). There
are hazards evident on the lower portions of the site. Planning
staff feels-that the homeste would be"best situated as indicated
on the site plan., slightly lower than the applicant proposed, but
high enough on the hillside to avoid potential."gully washes" as
identified in the geologic. report
RECOMMENDATION
The Planning Office recommends that the applicant be directed to
relocate the proposed house (as proposed by"Planning staff) and
that- the Planning Commission' approve the request with the
following conditions:
1) The applicant shall provide a site plan which meets approval
"of the Planning and Zoning Commission:`
2) The applicant shall comply with recommendations made by the
Colorado Division of Wildlife. They `are"as follows:
a. Dogs shall be restricted from the property;
b. No fences shall be erected on the property; and
c. Vegetation shall be maintained outside the
building -envelope, 'and no grazing shall be
permitted on the property.
3) The applicant shall comply with recommendations made by the
Environmental Health Department, prior to building permit
issuance.
a. A site specific soils evaluation including a soil
percolation test must be done to 'determine the
final septic system design..
6
~, ~, c
b. Water shall be tested to determine that. the
quality meets the requirements of the Colorado
Division of Health.
c. The applicant is allowed one fireplace . and one
certified wood stove.
d. The applicant shall agree not to install or use an
incinerator.
4) The .applicant shall address -the following concerns.
identified by the County Engineer.
a. The recommendations of Dr. Lampiris April 9, 1990
.report (attached) shall be followed"with respect
to building design and placement.
b. The applicant shall improve his. portion of the
access road to County Driveway standards. The
applicant shall apply for and receive an
Earthmovinq permit for this work prior to approval
of a building permit for the home or garage.
5) All material representations made in the public hearing and
application shall be considered conditions of approval..
1041.rager
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BaSALT_ IrJ TuF CouNTY ~?F PITKIN AND STATE OF COLORADO, AND WE NERE6Y StAT AN~C.E., 1, j ,~"
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t ~ t::~t N1E I-1AVE CAUSED T<aI5 PLAT TO BE MADE ~ AND FILE. ~ } ~, ~ ai-` ~ ~~ ,~~
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AND SUBDNIDED 7N R? ~GTS RADDS AND EASEMENTS a5 SHOWN HE~.EdN. ,' (~tJ ~v~`
3 v;,'E DG NEREFJY pEDI;=ATE TO T~JE PERPETUAL. USE OF THE. PUBLIC T>•i1` STREETS, .i'1 j)k~ t, ,.
RI:ADWAYS aND EASEMENTS AS SIaOWN HEREON ~ '7 ' `' ~ ~ "~7! a~`
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Application must
be complete where
applicable. Type or
print in BLACK
I N K. No overstri kes
or erasures unless
initialed.
t~tc REC~IVI=D
CC~'•'RADO DIVISION OF WATER RESOL'''"':RECEIVC~J ~61f-1,
818 Ce...ennial Bldg., 1373 Sherman St.; Denier, Coloraito 8b2~''61 ~Q ~ 2 2 ~Q
PERMIT APPLICATION FORM YYAD'fl i gA~1F ~t
( ~(A PERMIT TO USE GROUND WATER d01A
(/(A PERMIT TO CONSTRUCT A WELL 2:03 P
FOR: (i) A PERMIT TO INSTALL APUMP /I~,HO
. NNXO j(~AR11~'
( .)REPLACEMENT FOR NO. ~ ~c o /~ _
..
- (.1OTHER ~.
WATER COURT CASE N0.
U 1 APPLICANT= maili^ng~address
NAME ~'~:. R~E'` ": ,
STREETP•~•J~ ~1 ~q WI~L~61~y~ 1~_
clTV ASPEN ~ • ~J(o12
yStalel (ZIP)
TELEPHONE NO.
Coun~ty~~r~(IT~1N. .. ...:
_1~v '/. of the /~~~ `',k,,,Section ~~,•~~}
TwP•_~ `'/ Rng. 1' (L Y~f. _L~P.M.
IN,S) lE,N7
(3)
Proposed maximum pumping rate (gpm) ,`7 ~•'~
Average annual amount of ground water
to be appropriated (acre-feet): . ~~C1=E"'P1'
Number of acres to be irrigated: b
Proposed total depth (feet): ~~
Aquifer ground water is to be obtained from:
Owner's well designation '~(
G~~R~O~~UND WATER TO BE USED FOR:
( KHOUSEHOLD USE ONLY - no irrigation (0)
( )DOMESTIC (1) ~ ( )INDUSTRIAL (6)
( 1 LIVESTOCK (2) ( )IRRIGATION (6)
( )COMMERCIAL (4) O MUNICIPAL 18(
( 1 OTHER (g)
DETAIL THE USE ON BACK IN ltt)
(4- DRILLER
Name ~~YryE ~L~
street Po.J?aalc (07o t'2oA-~
City ~//~t~r,F~rl~ - C_U In (~l
/~ ((State) ( gyp)
Telephone No.~=~.~L_'yyl.ic. No. _,
FOR OFFICE USE ONLY; DQ N10T
Receipt No. ~~~ ~ 702 /
Basin
Dist.
CONDITIONS OF APPROVAL
IS CO
This well shall be used in such a way as to cause
no material injury to existing water rights. The
issuance of the permit does not assure the applicant
that no injury will occur to another vested water
right or preclude another owner of a vested water
right from seeking relief in a civil court action.
ISSUANCfi OF TIiIS PBAMIT_DOfiS NOT
.00
~51[1~- ~AS~TA~fi OWS L O A~RBSIDSNTIAL~SITE}OFI
64~OFAS~$CTI N3C16BA~ND 21~T8S~R~861VNOF~THH 62H
P.M. PITHIN COUNTY BBIIVG MOi?tfi PARTICULARLY
DBSCAIBfiD ON THS i-T~'ACH6D fiXHIBIT "A".
2~THS USB OF GROUND WAT)s'R FROM THIS W13LL I5
L ITBD TO ORDINARY ROUSSHOLD PURPOSHS INSIDfi
SINGES FAMILY DWELLING AND TRfi WATERING OF THfi
~~ WATBR SH~L~I~DT BSSUSBD~FUR~IRHIGATTION
OR OTHts'R PURPOSfi3.
MU THfi RBTURN FLOW FROM TAB USB OF IRIS WELL
ST B8 TRRU AN INDIVIDUAL WASTB WATER DISPOSA,
SYSTfiM OF TSfi NON-SVAPORATIVfi TYPB WHSRfi THfi
WATER IS RfiTURNBD TO TRfi SAMB STRBAM SYSTEM IN
WHICH THS WELL IS LOCATfiD. h7-rrl.4`~z3.-fie
APPLICATION APPROVED
PERMIT NUMBER i-~~'n3:,
DATE ISSUED J1RR 3 0 ,1990
EXPI TION DATE APR 3 0 1992
Q .~t«:~.~s~...
(ST~AyT}E~ENGINEER)
BY ~. ~_.. ®~~
_ /~ p. v o
I.D. t J o COUNTY ~ l
8.00
'~ (5) THE LOCATION OF THE : JPOSED WELL and i ears on ~~-
(6) Th. HELL MUST BE LOCATED BELOW..
which the water will be used must be indicated on the diagram below. .- by distances from section lines. '
Usa the CENTER SECTION (1 section, 640 aaesl for the well location.
1 -
~ ft. from - sec. line
T ~-: ~' ~ - ~,
~ ~ - + - ~ ~ ~ (north or outhl
...
~
~ FEET,1
I 4E-~~
( _ ..
~/O $ ft. from `NEZT sec. line
.
~'~~''i + + "I- + (east or west)
` LOT BLOCK FILING .
"'~ NORTH SECTION LINE_ _ + _
~R ~ SUBDIVISION
.ii
~ (7) TRACT ON WHICH WELL WILL BE
I
+13oRTH+ w~ ~tO~l
-L0 + + _.+ LOCATED Owner:~.~{~ R.AC~-
s t~
3 ~ No. of acres
Z .Will this be
J
z
O
I
-~ - y
m
I
'
he only well on thistract?~13T~7
~
a o (8) PROPOSED CASING PROGRAM
r
N ' ~ 2
(
PIaiITCasing
+ S _ ~ - ~ Z + I ~_in.from~ft.to~ft
~ I I
~ .
Z(p0 ft
m
fr
m
' ~~~ft
_ + SOUTH SECTION LINE i ~"' ~-
~' .
o
. to
.
~F'erforatedxasing
tl
_- ~ ~ ~_in.from,~f~ft.to2' d ft.
'{' '. ~- -~ '~' '(.' + ~- ~- -1- in. from ft. to ft.
) ~ _ ~ ; ~ I
m ~, _
~ ~ ~ (9) FOR REPLACEMENT WELLSgivedistance
~-
~ ` ~ "-~
-
_ - ~ .- ~ -. ~ ^- 'fir"...-" + . - -~- - (-'
-{- and direction from old well and plans for Plugging
it:
The srafe of the diagram is 2 inches = t =mile ;. ~ ~t~~l .t C.L~I.i=
=Each small. square represents 40 acres.'
.~~%; WATER EQUIVALENTS TABLE.(ROpnded Figures)
An acre-foot covers 1 acre of lahd 1 foot deep
1 cubic foot per semnd(ctsl .... 449,gellons per minute fgpm).
~.. A family of 5 will require aPProximately t acre•foot otweter per year.
-
T acro-foot..., 03,560 cubit feet.
::325;900 gallon::. ; :~ : ~ '
- • ~ T,000 gpmpumped continuously fdt one day produi;es4:42 acre-feet:
,. ..
(10)'LAND~ON WHICH GROUND WATER WILL BE USED
:
Owner(s): ~~ IE~ No. of acres: _
Legaldescriptioni~~~~I (~~?L~~:
(11) DETAILED bESCRIPTI"ON of the use of ground water: Household use and domestic wells must indicate type of disposal
system to be used. ~. ~,~ t l _. .._ , ~Y ~- .~,. r ~ /~ /.. .rr.r.- ~ /'N 1w t'T~L' .1.,~.. ~ ItSE"'~
(12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers.
Type or right Used for (purpose) Description of land on which used
,&~PLlcArx~-'
Use additional sheets of paper if more spaceis required:
(13) THE APPLICANT(Sr S7=ATE(S) THAT THE INFORMATION SET'FORTH HEREON IS
TRUE TO THE BF_SIT OF. HIS~CNOWLEDGE.
,.
;.. - v__:
'ti" _.
._ ASPEN/PITKIN~PLANNING OFFICE
130 S. Galena Street _
Aspen, Colorado 81611
(303) 920-5090.
May 14, 1990
Doug Rager
P. O. box 481
Aspen, CO 81611
Re: Rager 1041 .Hazard Review and General Submission
~ Dear Doug,
This is to inform you that the. Planning Office has campleted its
preliminary review of .the captioned application. We have
determined that this application is complete.
We have scheduled this application for review by the Planning and
Zoning Commission at a public hearing on Tuesday, August 7, 1990
at a meeting to begin at 9:00 am. The Friday before the meeting -
date, we will call to inform you that a -copy of the memo
pertaining to the.. ..application is available at the :Planning
Office.
Please note. that it is your resporisibility to post the subject
.,property with a sign.
If you have any questions, please call Mary Lackner, the planner
assigned to your case.
Sincerely,
Debbie Skehan
Administrative Assistant
<~ e
_. ~ u ..~ .r-,: .., ...~~~,,,. ,v. ., .. _ ... ,.~ ,,.
-mow
1041 HAZARD AND GENERAL SUBMISSION REVIEW
SUBMITTED TO: Miss Mary Lackner
Pitkin County Planning Department
130 South Galena Street
Aspen, Colorado 81611
OWNER/APPLICANT: Douglas L. Rager A.LA.
P.O. Box 481,..
Aspen, Colorado 81612
925-1131 work, 925-8530 home
TYPE OF APPLICATION: .Subdivision exemption for single-family residence. Pitkin County 1041
Wildlife, geologic hazard and general submission for unplatted rand.
APR 2 7 I9yU
GENERAL SUMMARY
Applicant seeks approval for the development of asingle-family home on 5. 62 acres. Subject
property is adjacent to the north of the Morrow Ranch. The. Morrow (formerly Barta) Ranch has also
recently been subject to 1041 review. See." Vicinity Map".
The property was originallypart bf the Hdaglund Ranch and was created when the Ranch was subdivided
into Holland. Hills in 1970. Holland Hills is adjacent to the west. See "Holland Hills aYBasaif"plat map.
Bureau of Land Management borders the prbperty on the east and the north:
For proof of ownership see Deed and Titlelnsurance (Exhibits 1 and 2):
The property is exempt from the GMP process (see Exhibits 3, 4, 5, and 6).
Access is along the Historic Lane described. in early deeds (See Exhibit 7). This lane is the same access
drive to be utilized by the newly approved MOROW single-family residence. 7helahe will 6e imprbved
to County driveway standards. (See the_Vicinity Map for location of the lane; see Exhibit 8 for access
easement.) Ndte that the first 850 feet of the lane from State Highway 82, east; is presehtly used by
approximately eleven residences and one or possibly twe commercial operations. This portion bt the
lane is already substantially improved. The next 720 feet of the historic access lane between Hollarid
Hills and the Morrow Ranch is 35 Teet wide. However, the applicant intends td generally preserve the
existing alignment and width, and to work with Mr. Morrow to improve the lane to County driveway
standards (Article 2-g): The intent of improvement to the lane is to preserve it's rural nature ahd to
improve the appearance of the lane for the benefit of neighboring homes at Hollarid Hills. "Tfie impact of
this development request on public roadways is negligible (Art(cle 2-8 and 5-201):
Telephone/electric and possibly natural gas utilities will be lbgically extendetl to the property from
Holland Hills (Article 2-10), (See Exhibit g). Welland septic system permit applications fiavebeeri
made (see Exhibits 10 and 11 ). Wayne Shelton of Shelton Drilling'Compangvfsited the site and stated
that the likelihood of drilling a good water well in the proposed location is high. The proximity of the
site to the Roaring Fork river, the general location of the site within a deep draw, and firs past success
drilling good wells within the Maroon Formation are his basis for optimism (Article 5-205.1(e)(1) ):
Mr. Shelton also stated that he believed that the red soil should easily pass the required soil
percolation and profile tests for individual sewage disposal system (Article 5-200.1 (c)(T)). A
geologic report prepared by Nicfiolas Campiris,Pfi.D. (see Exhibit 13) concurs witfi Mr. Shelten's
assessmenf'of the feasibility of a domestic well and'individual sewage disposal system on the property:
Leachfield excavation will be re-vegetated with native species.
The property is located within big game normal winter range. Mr. Randy Cote, the Wildlife Officer, has
previously recommended that all dogs be kenneled and that fences riot exceed 42" in height: Mr. Cdte's
response to the most recent inquiry was that he cbuld not make formal recommendation uhtil 104f
application is submitted. Althougfi preferred for wildlife consideration, areas of flat topography are
not as desirable as the hillside location for development because of the potential fdr a 100-year "gully
washer" within the lower alluvial fan area. Areaspf grass vegetation preferred fbrhome site Tocatioh
by Article 5-404.2(b), are not available anywhere on the site. The proposed home site hillside; is
presently very sparsely vegetated with a few pines, sage, and occasierial cactus The applicant
intends to more intensely cultivate and re-vegetate with native species, areas immediately around the
home and areas which have been stripped due to vehicular destructieri from iflegaldumping adjacent to
the property (See Exhibit 12). The refiabilitatibn, conservation, and preservation of all natural plant
and wildlife resources on the subject property, as well asbn adjacent public and private land, is
actively supported by the applicant bogs in general and especially dogs which roam free are the `single
greatest detriment to wildlife. Applicant will agree to not keep dogs on the property and also supports
any enforcement of kenneling requirements for dogs which now roam free from frbm Holland Hills and
wi ~ be followedr ase equ fed and as eeoommended by MroCote.ing wildlife, 5-404.7(b) §, 4, 5 ahd 6,
All proposed development is to be clustered at the east end of the property (See Rager Survey). This
location has been selected to minimize the visual and health impacts of the major electric transmission
lines which cross the property and to minimize the impact that scattered development would have to
wildlife. The upfiill home site/well location also is desirable for downfiili`sewage disposal within the
alluvial fan area.
~ ~
Geologic hazard from the construction of the homebn a slope steeper than 11%will be mitigated
following recommendations made by Nicholas Lampiris, Ph.D., Consulting Geologist, in his report (see
Exhibit 13);(Article 5-401:3(f) ). The home will utilize the natural features and historic flow patterns
of the hillside landscape to advantage. Sited above the floor of the draw, the homesite centers on a
broad ridge between two relatively major drainage valley "fingers". The series of "finger" valleys fan
out around the base of the hillside and flow into the alluvial material at the floor of the draw: The
homesite ridge is favorably protected from rockfall above by a natural linear rock outcropping
perpendicular to the course of natural drainage. Moderate terracing above and below the rock
outcropping wilt deflect surface drainage to the near wesfvalley "finger, will enhance erosion control,
and will further protect from rocktall: A deflection wall as recommended in the geologic report will
also be incorporated into the final design. The geologic report notes that "nearsurfade bedrockwill
provide astable base. for the foundation". The foundation system will be engineered to utilize the
proximity to good bearing for minimizing excavation and associated site impact: Backfill will be added
as required for foundation frost protection.
The garage is below the homesite and on the same ridge. The drive will traverse east and down across
the hillside from the garage until it switches back at the tloor of the draw and exits the property to the
west. The drive will be engineered as suggested by the geological report and will be carefully
landscaped to preserve the natural character of the site:
The home and detached garage will be designed and executed in a manner which will minimize
disturbance of natural vegetation and soil cove~(Article 5-102.1(a)): Because ffie site is sparsely
vegetated all existing trees and sage will be vigorously protected and native species immediately
re-vegetated (Article 5-105.2(b)(1) ). Scenic quality at the site will. be maintained antl enhanced not
only through re-vegetation but from site sensitive architectural considerations of appropriate form,
materials, and color. Small scale, use of natural materials and site. predominate colors will help to
blend the structure into the landscape.. Further, the Applicant will workto clean up illegal dump sites
on adjacent private and public lands. (See Exhibit 12).
All current State and County regulations for air quality will be followed. Fireplace/woodstove air
pollutants are the only significant air pollutants to be generated byfhe proposed single familyhome
development (Article 5-106.2(b)(4) ).
Articles 5-103 Cgmpatibility with Historic and. Archaeological Resources and 5-104 Compatibility with
Agricultural Lands and Operations are not applicable to this submission.
For additional information required on other appropriate considerations not covered liy this summary;
please contact the applicant directly by telephone so thaf addendum 1o the submittal can be made as
soon as possible. Guided site tours can be arranged on short notice. All interested parties are
encouraged to visit the site.
ADJACENTPROPERTYQWNERS
Mr. Robert Morrow
0097 Sherman Lane
Basalt, CO. 81821
Bureau of Land Management
50629 U.S. Hwy. 6 & 24
Glenwood Springs, CO. 81601
Mr. Dave McBroom
0782 Holland Hills Rdad
Basalt, CO: 81621
Mr. John Schoeller
0779 Holland HiIIs Road
Basalt, CO. 81621
--- -- --
_...
Plil:-ANPLICA'1'lUN'CONF'E}tENCE SUhf}tI~RY e~~ML~" ~ ~-{023 /~(7
~ >z D~
PROJECT: IO~I^HG2a/~ ~PytZec) ~ G~Pvlt~la~ S.>~
AI~PLICANT'S REPRESENTATIVE: j~n~lu RaQQ r
REPRESENTATIVE' S PHONE: ~ a~2'a - (~ ~ ~ / ~,~
,OWNERS NAHE: ~~Ouq ~CiG~P ~
3. Areas in which Applicant has been requested to respond, types of
reports requested:
Policy AYea/
-_ .[~v~1
' S-~{e~~
~ }?-c~ r v, e~
~,i~~iti^oy~ . Hee. I+h
~~~Gl~ee~
ELM
Co:~tnenta
~e~,r d ~t k`
'~~ C v i ~--c cP.~
~~ ~ _ ., : _
(U~ J
- ~ P,~ t,c,t 'e~ _ ~ f,~~ l e-
4• Review is: (P6z Only) (CC/BOCC Only) (P&z then to CC/HOCC)
5• Public Heacing: YES.) (NO)
6. Did you applicant, to submit list of ADJACE PROPERTY
OWNERS? (YE (NO) Disclosure of Ownership: YES :(NO) ~~-e- ~ 1~(oC~
co
7. What fee was applicant requested to submit: -~ ((„__~_ ~'~~~ SS
6. p 1615 •~
Antici ated 'date of submission: fl/lcw o~ "j,~p (c(~~~
9. COM}SENTS/UNIQUE CONCEERNS:
~,
SOHMARY
1. Type of Application:- lOAI ~1 UP~ZV'ttQ Svc nnicS,nn
2. Describe action/type of develooment being reauesterle
, Pkh.-A1'1' .IUN CUN!•'ti1tCNCE SUMMARY k~
PROJECT:~~~ ~ nC 1-~ ~ 1~~~ '~ )~(~~I_..',~ ° t.~J
A13PLICANT'S REPRESENTATIVE: ~ ~A
REPRESENTATIVE'S PHONE:
OWNERS NAME:
R....
3. Areas in Which Applicant has been requested to respond, types of
reports requested:
Policy Area/
R f rra~ Agent
5 -Tim ~~?,.2 (~~l~l ;_
~~i~ °a~i~n~ -
i~~it~~ ~ ~~ _
~~?~v~>-
1~~~~L~rc---'
~..~.~ -
~~o _
Comments
A~T7.12E~_ '•'1Z1T~~I}~ ~~ ~!':.r`T~1ofi1
3'~ ~'~~,'RE 1'L A.T ~ n~ a,-. a-r,,, ~,
~> f' ~..A.)11.~ U ;r Grm ~
~ ', ~ ~~ ~S G rL! 7.12 ,'q ,e///~.. _ ., j
~- . ,...; 1. ~ ~' ~_~=y.t~:; .a~..~.~J CJ
__. ~~ is: ;" (P&Z Only)' (CC/BOCC Only) ~('~6Z then to CC/BOCC
5. Public Hearing: (YES) (NO)`)~
6. Did you tel applica to submit list of ADJACENT PROPERT~
OWNERS? (YES)" (NDDisclosure of Ownership (YS)/: (NO); ~~ ~^~
Yt.enn,n o~FIGG 'F~~
7•. Wha fee was a scant requested to submit: ~JO: °~
~ ~~jj ~ ~~?"~. ErY~Cq~riaRlr(a F~
6. Antici~p)ated ate of submission: ~ ,' ToTAf_. L~ ~ , ~c~'n'
w..
9. COMAfENTS/UNIQUE' CONCERNS: rto 1~~~'~1..~ 51113Tr11`~' 7~'~ ~ai,~0 L~l~k-°a, ~,
-~- ~12no~ a~ ~li)11E~ ~~L11'P ~ ~Tr+~'fE.i~1 ~T '~Khrtl la " ~ TITLE
• ~om~Pan`f -~- ~~T")1=1 .~ ~~IaF~ LoT t\]1~~ c. r ~TYr ~, ~~1~-r~~F~ ~ ~,-~ r~ovs
~, ---~ __
~~, `~kT Gdl'1~5 of ~~'1'LIG~'(io1'1 A't1D 2 G l~S ~~ owr~u,S~,~P in~T~vn
4~ Y~ f; -I'vT1~ L g'~'P 1.I GA"'(~(o i'1 ~ ~.~ • ~-
5~ ~'L~Asr: 5v~m~j T1~15 PRE.-A1'PLIGAT,ot1 GoP'(, •11\1` A'~'Pl.1~A~la`1,
~) S,i,; ~ n1 t~ ~~ C-~T ~Tc iZ/ `~) v \ t ~ , r~'~/ ~~ t~ ~~ 2 Cu ~ ~ L S „ )''
ow~i~SN~b'~
~k z E A'PP L1G A.~ L~.
r.~
SDMMARY
1. Type of Application:__S~}~i')11~I~S1Pt1 -1±~~1Y'1~~1CaC'1
2. Describe action/type of develoament beino reouestede
i .,,v
Vii. -, ,
,. _S:9_
~,, 7m he.,,r ~ ti N
tv ~c
ClU Z tia
nr
C.v ..~ y CC
eooK 55~ ?ac~N~~~
m~ ~
~-
ay ~
.
GENERAL WARRANTY DEED ~ a ~'~'
March.:
THIS DEED, made this 29th day of -Rprsf, 1988, between
ANNA ROSA KNIRLBERGER, also known as Anni Rosa
Knirlberger, of Pitkin County, Colorado, "Grantor", and
...DOUGLAS L. RAGER, whose legal address is P. O. Box 481,
Aspen, Pitkin County, Colorado 81612, "Grantee":
WITNESSETH, that Grantor, for and in consideration of
the sum of Ten and No/100 Dollars'(510.00), and other
valuable consideration to the undersigned paid by the
Grantee, the receipt and sufficiency of which is hereby
,~ acknowledged, has granted, bargained, sold and
,,~ conveyed, and by these presents does grant, bargain,
,;; sell, convey and confirm unto Grantee, Grantee's heirs
ti and assigns forever, all the following described lot or
parcel of land. located in Pitkin County, Colorado, to-
wit:
~.S A parcel of land situated in Tract: 64,
4.. in Sections. l6 .and 21, T SS, R 86W of the
'~ 6th P.M.,. and more particularly described
in Exhibit "A"attached hereto and incor-
porated herein as if fully set forth herein.
TOGETHER .with all and singular the hereditaments and
" ,appurtenances thereto belonging or in anywise
appertaining; and the reversion and reversions,
remainder and remainders, rents, issues and profits
.thereof; and all the estate, right, title, interest,
claim and demand whatsoever of the said Granti~r, either
in law or e uit bargained
~
t
h
premises, with the her
edtaments
and
appurtenances.
- TO HAVE AND TO HOLD the said premises above bargained
~~ and described with the appurtenanceg' unto the said
~ Grantee, Grantee's .heirs and assigns forever. And the
~ said Grantor, for Grantor, Grantor's heirs, executors
~
~'
~.(~ and administrators, does covenant, grant, bargain and
agree to and with Grant
e
G
te
's hei
w e
,
ran
e
rs and assigns,
~
~ h~ that at the time of the ensealing and delivery of these
~ N
~ presents Grantor is well seized of the premises above
o_~ ~ conveyed as of good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee
,,,___~ simple, and has good right, full power and lawful
~ authority to grant, bargain, sell and convey the same
~~-~.... ts~ in manner and form as"aforesaid, and that the same are
free and clear from all former and other grants,
bargains, sales, liens, taxes, assessments and
encumbrances of whatever kind or nature soever, except
general unpaid taxes and assessments for 1988 and
subsequent years payable in 1989 and subsequent years;
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,
as .reserved. in United States Patent 'recorded .January
30, 1902 in Beck 55 at Page 104; restrictions, cuhich do
not contain a forfeiture or reverter clause, as
contained in the Deed from Ron A. Timroth d/b/a Tmroth
Enterprises to Erwin Knirlberger and Anni Knirlberger,
recorded May 7, 1973 in Book 275 `at Page '430, providing
"
substantially as follows: no more than 3 residential
p structures which may be single family or duplex and of
DOU6LA8
."«E"
w,r°""°.."r_~ww a type designated; perpetual easement for ` an electric
=°~"r~°~°°.~.:"°~~~owo 'transmission and/or distribution line or sys em, 25
°'° `"°T ""'" °'"88T
w°v°v, eo~o"woo feet in width and the area necessary to l o e nc rs
~
Page 1 of 2 A K
EXHIBIT 1
~'"°~
and guys, together with the right of ingress and
egress, as granted to Colorado-Ute Electric
Association, Inc. in instrument recorded August 13,
1975 in Book 301 at Page 690; and right of way for
"Lane" over a_ portion of the subject property as
described in the legal description as set forth in
Exhibit A herein, all in the records of the Clerk and
Recorder of Pitkin County, Colorado, and the above
bargained premises in the quiet and peaceful possession
of the Grantee, Grantee's heirs and assigns against all
and every person or persons lawfuliy claiming `or to
claim the whole or any `part thereof, the said Grantor
shall and will WARRANT 'AND FOREVER DEFEND.
IN WITNESS WHEREOF, Grantor has executed this Deed the
day and year first above written.
STATE OF COLORADO
COUNTY OF PITKIN
The foregoing instrument was acknowledged. before me
this 29th day of march., 1988 by ANNA"ROSA KNIRLBERGER,
also known as ANNI ROSH KNIRLBERGER. `
WITNESS my hand and official seal. ~
My commission expires: ~` .2tl~.,G/~~d[,~,~E-6(!,~/
:June 27. 1988 Notary Public
Donald D: Veitch
600 E. Hopkins, Suite 102
Aspen, Co 81611
GONG LA,I P. ALLEN
ATTOflNEYMT4AW
OUPTNOU58 PLAZA BUIL pINO
880 EABT MAIN pTfl88T
ABPEN~ COIONAOO
AKNIRLBE.GWD_
22888
Page 2 of 2.
EXHIBIT 1
ss.
~'"
G.
Form No. 140211/70)
ALTA Owner's Polley-
Form B - 1970
(Amended 10-f 7-70)
POLICY OF TITLE. INSURANCE..
iSSUEDBY
First American. Title Insurance Company
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B
AND THE PROVISIONS OF THE. CONDITIONS APJD STIPULATIONS HEREOF, FIRST AMERICAN. TITLE
INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown
in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs,
attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by
the insured by reason of:
i. title to the estate or interest described. in SeAedule A 6eingvestedbtherwise than. as stated therein;
2. any defect in or lien or encumbrance on such title;
3. lack of a right of access to and from the landf of
4. unmarketability of such title.
IN WITNESS WHEREOF, First American Title Insurance Company has caused this policy to be signed and sealed
by its duly authorized officers as of Date of Policy sFiown in Schedule A.
~~ y
g~(lE r,vs~,'~At~1 First American Title,Insurance Company
~ C A
eY PRESIDENT
~ ra ~=
~. ^, $EPTEI~IPFR 2%!. .;r~ M
n
',- 1Qf° ^ ,~ ~'
ATTEST , ~~,~,,,~ SECRETARY
F r ~ Y *. ..
At ~~~!/rl try A
~ .,^..
~ 714554
EXHIBIT 2
. 45 ~ AMERICA
Form No. 1402 (6/87) .. ..
ALTA Otrers Policy
Schedule A
SCHEDULE A
File No. 400020-0 Policy No. D 714554
Amount of Insurance $ 45,000.00 Premium $ 198.00
Date of Policy March 23, 1990 am.
at T:00 A. M. Rm~
1. Name of Insured
DOUGLAS: L. RACER
2. The estate or interest in the land which Is covered bythis policy is:
.FEE
3. Title to the estate or interest in theland is vested ini
DOUGLAS L. RACER.
4. The land referred to fn this policy is described as follows:
'THE LEGAL DESCRIPTION SET FORTH ON SHEET ATTACHED HERETO
AND BY THIS REFERENCE INCORPORATE6`HEREIN AND MADE A PART
HEREOF.
Form No. 1402-C
ALTA StandardPOlicy
Western Reglon'
(Rev. 9/87)
Order No. 400020-0
Policy No. D 714554
SCHEDULE B
PARTI
This policy,does not insure against loss or damage (and the Company will not pay costs, attorneys'
fees or expenses) which arise. by reason of:
Secttoh One:
1. Taxes or assessments which are not shown as existing (fens by the records of any taxing
authority thataevies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which
could be ascertained by an inspection of said land or by making inquiry of personslnposses-
sion thereof.
3. Easements, claims of easement or encumbrances which are not shown. by the public
records.
4. Discrepancies, conflictsln boundary lines, shortage in area, encroachments, or any other
facts which a correctsurvey would disclose, and which are not shown"fiy pubiic records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the
issuance thereof; water rights, claims or title to water. `
6. Any Iten, or right to a lien, for services, labor or material theretofore or hereafter furnished,
imposed bylaw and not shown by the public records.
Section Two:
7. Right of the Proprietor of a Vein or Lode to extract and remove his ore
theretrom, should the sarne be found to penetrate or intersect the.. premises
hereby granted, as reserved in United States Patent recorded Januery 30, 1902,
in Book 55 at Page 104. ~° °"` '"'
8. Restrlctlons, which do not contain a for•fetture or reverter clause, as
contained in the Deed from Ron A. Timr•oth d/b/a Timroth Enterprises to Erwin
Knirlberger and_Annl Knirlberger, recorded May 7, 1973, in Book 275 at Page
430, pr•ovlding substantially as follows:
9. No more than 3 residential structures .which may be single family or duplex and
of a type designated.
10. Per etua E se e t f r n el c++ is transmisslortyantd/pr d~strib~ltion Ilne or
system, 115 ~ee~ ~n w~dt~, an~ tie area necessar o oca a anc ors and uys,
together with the right of ingress and egress, as granted to Colorado-Ufie
Electric Association, inc., in instrument recorded August 13, 197, iri Book
301 at .Page 690.
11. Right of way for "Lane'i over a portion of the subfect property as described in
the legal description as set forth in Schedule A._hereln.
(Continued)
~..,
Order No. 400020 -0 Policy No. D 714554
EXCEPTIONS - continued
12. Easements and rights of way as .shown on the Plat of Barta Famliy
Subdivision filed Augusf 27, 1982, to Plat Book 14 at Pages 2 and 3, and
affecting that portion of subfect property identffted and 'described as an
appurtenant easement.
• LAW OFFICES OF ~e~4~~` Ii'{i ti„J/~
l l~4~t'F:l~~ ~d ill l~
®~~gl~m P. A61~>n
COURTHOUSE PLAZA BUILDING
930 EAST 'fr1A1N STREET, FIRST FLOOR
ASPEN.COLORAD081811
1303) 928-9800 ... .. .... ... ....
DOUGLAS P. ALLEN
Q[Xp0ID7~XNQROq>4C1~'7p7g1f"'F1QS. ... ..... ....
July 8, 1988
Timothy E. Whitsitt, Esq.
Assistant County Attorney
County`oE Pitkin
506 East Main. Street
Aspen, Colorado 81611
Re; 5.46 acres of land add scent to Hoi land Hil is S u b d i v i -
sion as described in the attached legal description
Dear Tima
As"you know from our previous conversation, Doug Rager owns
the property described above that consists of 5.46 acres adjacent
to but separate 'and apart from the Holland Hi11s Subdivision.
The purpose'of~ this letter is to obtain an opinion from the
County Attorneys Office that the. parcel= is exempt from the GMP
provisions of the. Pitkin County Land Use Code for the purposes of
erecting a single family dwelling on the property subject, of
course, to any applicable building code regulations, 1041 hazard
review and other Pitkin County rules and regulations applying to
the`conatruction of residential dwellings.
After research relative to the property it is my opinion
that the parcel is exempt from the GMP process for the following
reasons :..:
1. The property was acquired by my client on March 29,
1988 by deed. recorded. in Hook SB9 at Page 897 from Anni
Rosa Kniriberger. Anni Rosa Kniriberger acquired the
property from her ex-husband,`Erwiii Kniriberger, as the
result of their divorce. Irwin Kniriberger and Anni
Kniriberger acquired the property from Ron A Timroth on
May 7, 1973 by deed recorded May 7, 19'73, in Book 275
at Page 430, although the deed itself was dated March
19, 1970.
2. To this date .the property has had exactly the same
.acreage and legal description as has existed at least
since May 7, 1973, although the deed bears 'an effective
date of March 19, 1970.
Timothy E. Whitstt, Eoq,
July 8, 1988
Page 2 ,
If you have any questions regarding the foregoing, please do
not hesitate to contact me.
ially,
Dougl P. Allen
DPA:~c
EXHIBIT 3
e . _ , ,, ._a. ,~ .
--
~.. s.~..~. ~.......»w _ ,.. n.;.~a.. ~~,_ ~~.
pitkin coun
August. 25,
Douglas P. Allen, Esq.
530 East Main Street
First Floor
Aspen, Colorado 81611
RE: Douglas Rager - 5.62 Acres of Land Adjacent to Holland Hills
subdivision
Dear Mr. Allen:
This letter is written in response to your request dated July 8,
1988, for our opinion as to the. poaslble exemption of the
captioned parcel of land (more `fully described in a General
Warranty Deed recorded at Book 559, pages 897-900) from
application of Pitkin Countyrs GMP process. I must assume that
your inquiry is as to the .applicability of §5-510.2(c) of the
Pitkin County Land Use Code, which exempts from GMP any single
family home or duplex structure on any lot which was in existence
prior to June 12, 1978.
Having reviewed and .relied upon the documents: you have provided,
it is our opinion that the parcel in question would qualify under
§5-51o.2(c) for an exemption from GMP on an application for
construction of one single family home or duplex..
Please understand that the above constitutes the limits of our
inquiry and opinion in this matter. We have not expressed
hereby, nor do we intend to imply, any opinion as to the adequacy
or acceptability of the parcel in question under basic zoning
regulation, Pitkin County 1041 hazard regulation or any other
building or zoning requirements. We further reserve the right to
review any and all documentation which we deem necessary upon the
filing of an application in order to independently satisfy
ourselves as to the qualification for exemption.
Should you have any further questions, please feel free to call.
Ve y, mqqy r
Tiino by E ~ Whi si t,.~
A~si tan Coun y Attorney
TEW/hfs
tw8.183
County Commissioners
Suite B
506 E. MainStreet
Aspen, CO 8161 7
(303)925-5232
County Attorney Personnel and Finance Road and Bridge
Suite t
530E. MainS6eet Suite F
530 E. Main Street Fleet Managemant
20210 VY. Highway 82
Aspen, CO 81611 Aspen, CO 87611 Aspen, CO 8161 t
(303) 920.1223 (303) 925-3166 - (303) 925-72 12
EXHIBIT4
~ ~
ASPEN TITLE CORPORATION
NORMAN E. LARKINS ... _ .TELEPHONE:
PRESIDENT THE ASPEN PROFESSIONAL BUILDING, SUITE 102 ASPEN
LYNN M. DYCIO 600 FAST HOPKINS AVENUE''
ASPEN, COLORAD081871 ~ (3031920-4050
BASALT
MANAGER
131927-4741
DENVER DIRECT
March 21 , 1990 13031595-8483
" iELECOPIER:
13031920-4052
Board of County Commissioners
Pltkin County Courthouse
506 E. Main Street
Aspen, Colorado 81611
Re: A parcel of land .situated in Tract 64 of Sections 16 and 21,
Township 8 South, Range 86 West of the 6th P. M., Pltkin County,
Colorado, more particularly described In the Geheral Warranty
Deed from Anna Rosa Kni rl berger, al so known as Anni Rosa
Knirlberger, to Douglas L. Rager, and recorded March 29, 1988,
to Book 559 at .Page 897.
Based upon a search of the records In the office of the Clerk and Recorder
for Pltkin County, Colorado, Aspen Title Corporation hereby certifies that at
no time since January 1, 1972 has title to any tract adfacent to the property
described, above been held in the same name or'names as sa1d described property.
This certification is neither an abstract, opinion nor guaranty of title
and Is Intended specifically and exclusively for the use of the Board of County
Commissioners of Pltkin County in determination of "merger of title" or lack
thereof as said "merger" relates to the applicable statutes, ordinahces and
restrictions of Jurisdiction. It`Is understood and agreed that Aspen Titre
Corporation neither assures, nor will be charged with any flnanciei obligations
or liability whatever on any certification contained herein.
Sincerely,
s~ ~,
Norman E. Larkins
Press dent
NL:pc
AFFILIATED OFFICES:
EAGLE COUNTY: GRAND COUNTY: SUMMR COUNTY:
EAGLE COUNTY TITLE CORPORATION
THE V
I TBE TITLE COMPANY, INC. SUMMIT COUNTY ABSTRACT COMPANY
A
I PROFESSIONAL BUILDING; SUITE 30r ERASER VALLEY CENTERiFRASER 108 NORTH RIDGE STREET ~ '
953 SOUTH FRONTAGE ROAb WEST
'
" POST OFFlCE 80%415 ..POST OFFICE SOX 570
VAIL, COLORd00 81857
. WINTER PARK. COLORADO 80452 BRECKENRIDGE
COLORADO 80424 '
13031478-&23 (3031728.807] ,
13031453-8120
EXHIBIT 5
Recorded at 11 .~`~.... .......,o'clock.. Af. ..'.1I:, ..
Reception No ~°"~9417 Peggy
clay 7,1973
Mikli'''~"' ..........
THIS DEED, Madethia 19th day of March ,
1870 ,between Ron A. Timroth d~b~a Timroth
Enterprises
of the ~ County of Pitkin and State of
.~.~-7~-; .~,~p
FILING STAMP
STAiE DDCDMENiAAT ffE
t~AY 7- 1973
(,Oe Q
Colorado; of the first part, and Erwin Kni rlberger and Anni ~ ~-` •-~--T-^
Knirlberger, Tenants in Common
of the County of Pitkin and State of Colorado, 04 the second part:
WITNE$SETH, That the said party of the first part, for and in consideration`of tfie avmof ~ ~ '
Ten and other good and valuable consideration------------------ ----DOLLARS,
to the saidparty of the first part in hand paid by the said party of the second part, the receipt whereof is hereby
confessed and acknowledged, has granted, bargained, sold'and conveyed, andby these presents doesgrant, bargain,
sell, convey and confirm, unto the said party of the second part, his heirs and assigns forever, all the following
described lot or parcel of land, situate lying and being in the.
County of Pitkin and State of Colorado, to-wit: A parcel of land si.tuateil
n Tract 64, in Sec. 16 and 2L TBS, R86W, of the 6th P.M lying northwesterly
f the centerline of a lane, more c~?mpletely described as f~11•~ws: a brass cap
onument marked for A.P. No ? of Tract 64 bears N 88°35'48" W. 385 58 ieet•
hence S 88°35'118" E. 908.14 feet to a brass cap monument marked for A:P N~ 1
f said Tract 64; thence Sauth ?48.00 feet, thence S. 71°?5'28" W. 162.20 feet
long the centerline of said labs; thence S 89°34'24" W. 57.60 feet alorig'the
enterline of said lane; thenc~35°34'38" W. 50.80 feet along the centerline of
aid lane; thence S. '72°15'?6" W. 167.29 feet along .the centerline of said Lane;
hence N. 60°1D?'27" W. 206.22 feet; thence N. 52° 00'56" W. 131.41 feet; thence
. 36°54'48" W. 136.99 feet; thence N. 62°.19'05" w. 100.48 feet; thence N 35°
~' 20" W. 92.37 feet to the point. of beginning. Containing'5.62 acres more or
ess.
TOGETHER with all and singular the hereditamente and appurtenances thereto belonging, br in anywise
appertaining, and the reversion and reversions; remainder 'and remainders, rents,lssnes andprofits thereof; andal]
the estate,right, title, interest, claim and demand whatsoever of the said party of"thefirst part; .either iii lade'
or equity, of, in and to thgabove bargained premises, withthe hereditaments and appurtenances.
TO HAVE AND TO HOLD the. said premises above Bargained and described, with the appurtenances, unto the
said party of the second part, his heirs and assigns forever And the said party of the first part, for himself, his heirs,
executors, and administrators, does covenant,. grant, bargain, and agree to and wfth the said. party of the second part,
his heirs and assigns, that at the time of the ensealing anddelivery of these presents; lie ~is weh'seitied oftlie premises
above conveyed, as of good, sure, perfect, absolute and indefeasible estate of infieritance, in law; in fee simple, and
has good right, full power and lawful authority to grant; bargain, sell and convey the same in manner and form as
aforesaid, and that. the same are free and clear from all. Pormer and other grants, bargains, sales, liens, taxes,
~~_t.
asl~~lent~ubaect to$the restriction ofnnormorerthane3tresdentias payable January
J 1"structures which
ay be single family or duplex and of a type designated....
and the above bargained premises in the quiet and peaceable possession of the said party of the second part, his heirs
and assigns against all and every peraosorperaons lawfully claiming or to claim the wholeor any part thereof, the
said party of the. first part shall and will WARRANT AND FOREVER DEFEND: The singular nnmbei• shall incltide
the plural, the plural the singular, and the useof any gender shalfBe~appTicable'~to a1T~genbers.
IN WITNESS WHEREOF, the said party of the first part has hereunto set hie hand and seal the-day and year
first above written. ~~ ~ - ~~
............_ ............................:.........................:-..._............ [SEAL]
,.-, ~ .................._........................:...:........:......---:...............:....[SEAL]
~. ~ STATE OF COLORADO
" ~OOnntyof Pitki.n ~ sa.
.. i bpi i,.' , p,1..
~~; Thg toregoiaB instrument was acknowledged before me this
18'A;3'ibrq ~,.}A<~iinrot~ d~b~a Timroth.Enterprises
My~cotKnGs"91on expires ~i' ~pr11 20 r
7th day of May
19 75. Witness my hand and official seal.
-. ~ ~ , r
. ... ... .....:.....:..........
11) , 1 ~ ~ ~ ~' ~,b ' Notary Pub1le.
932A. WARRANTYDBED. -Fo{FAofograyMc Record. Hrad[ord Publishing
-1 7a .. _. ,~
EXHLBIT 6
--.
,,, .-.,, x.: A¢rk3a .t-.,,u ~:~i~. Ee:mwuwrR~.,nF«:vxa2$~34t>AM5
Filed for Record at 1:1Q 0"clock P, M, May 1, 1969 -
.Reception No 135177 ggy E. Miklich '
a
BOOK~~U PAGE~I~~
MEMORANDUM OF CONTRACT
OF PURCHASE AND SALE
THIS INDENTURE,
and l:nni ;Cnirlberger~ A
Buyer, WITNESSETH
The parties hereto have this date entered into a contract of
purchase. and sale wherein 'Seller agreed to sell and Buyer agreed
to buy the following described real property situate in the County
of Pitkin and State of Colorado, to-wit: i:ll of Parcel ~f58 of the
?Tolland ?'ills hevelopment~ situate 3n Tract 55~ Sec. one and ~ Range
86tT, Township 8 ',oath of .the 6th Princibal h?eridian. accordine to the certified
res
a
at and'for the consideration therein stated.
The sai3 contract of purchase and sale further provides, among
other things, that warranty deed shah be delivered upon payment
in full of the purchase price which shall be on or 'before
P~tareh 19 19 70 and that the use of said property
shall 'be restricted to three residential structures whicF may be ein~le
farzilP or duplex or a,co:nbination of the two
IN WITNESS WHEREOF the parties have hereunto set their hands
and seals the day and year first above written.
TIMROTH" EN~TE/RPRI
n Ron A. Timroth Seller
STATE OF COLORADO. )
ss.
COUNTY OF )
;'t ,,`.
~`'~ ~•• rThe,abov and foregoin instrument was acknowledged before
isi' . , -~ me- this .? !.%:~day of _~a~~~ 196, by Ron. A. 'Timroth,
d/b/a% TSMROTH ENTERPRISES,
i-~`. M~,,.'commission expires:
'~~. Q~_,Evb~„~-. ~i'7.a __ .,yam=1
~ ~^4~ NOTARY PUII7,IC
F ~
,.:, _ .
made and entered into this tyw~fth-- day of
196, between RON A. TIMROTH, d/b/a TIMROTH
Basalt; Colorado, Seller, and Erwin Knirlberger
~en,`Colorado
EXHIBIT 6
,. _ .~_.~w~ ..~ ,~~w~~ ~w, w~ ,. ~,.., ..~.~..~..
OFFICE OF
COUNTY ASSESSOR
COUNTY OF PITKIN
POST OFFICE BOX 318
ASPEN,COLORAD081fii1 '
:
.,
;. ;+
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Aspen, Colorado ~.. ~,~{
April 27, 1973 '~
Mr. Ron A. Timroth
Box 1016
Basalt, Colorado
_._
__
Dear Mr. Timroth:
This letter is written to indicate the
assessed valuation of 'land paid on in"fax 5che~ile
No. 39795, Jt. 1WZ in Tracts 55 and 64 of Sections I
16, 17,20,"& 21 of Twp, 8 5. Rng 86.`W.
Assessed valuation. .$600 per acre.
calculated on 5.62 acres contained
in the above schedule = $3,370
assessed valuation, i
5.62 acres taxes paid in 1970 = $183.32 ry
" 1971 = $189.29
" 1972 =, $202.53
" 1973 = $201.72
.
Prepare nd submitted by, ,, _ 1
O-//~iGSY ~r~iis//i
Warren onner
Deputy'County Assessor
i
EXHIBIT 6
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EXHIBIT 7
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BOON 616. f§16E I ~~
GRANT OF PERPETUAL EASEMENT FOR INGRESS A~1D EGRESS
KNOW ALL MEN BY THESE PRESENTS:
That Robert T. Morrow ~~
hereinafter called the "Grantors," owners of Parcel 1 and 2 of the
Barta Family Subdivision, as recorded in Plat Book I4 at Pages 2
and 3, in the office of the Pitka County, Colorado, Clerk and
Recorder, for and in consideration of the sum"of One Dollar and
other good and valuable consideration to Grantors in hand paid by
Douglas Rager, hereinafter called the "Grantee," receipt of which
is hereby acknowledged, have granted and conveyed, and by these
presents do hereby grant and convey unto the Grantee, and Grantee's
invitees, Grantee's heirs, executors, administrators, successors
and assigns, the following described easement in perpetuity,
located. in the County of Pitkin, State of Colorado, for the
purposes of ingress and egress to a parcel of land ;described in
deed recorded in Book "559 at Page 897 in 'the office of the Pitkin
County, Colorado, Clerk and Recorder, to-wit:
Easement Description
As shown on Exhibit "A" attached hereto and made a part of
this reference hereof.
Excepting and reserving to Grantors herein, Grantor's
invitees, their heirs, executors, administrators, successors and
assigns, the right to use and enjoy the real property, burdened by
said easement, including the right to install uti]~~es in said
easement-area; provided, however, that no such use s interfere
with or endanger Grantee's use and enjoyment thereof;
S/` effective October ~ 1988.
Date. ' ,~, ~
z c~ N
e~ r
¢< _
DAte -~
~ ~<
~ A ~ C.TI
STATE OF COLORADO ) ~
ss. _. a a tom:
COUNTY OF"PITKIN )
The reg~ng instrument was ac o led ed before me this ~~"
L Q v' c~~
day o .,~ 1990, by db 'T"_ i~
and T ~ _~+)__
,~T. ~ ;ti4'..
'` ~s.Yny hand and official seal.
a "` m ; u
i
:~f•;` rmtt#,ssion expires:. J~p~a~- !~ /~q~
. r ~ ij~nu~ N~ ublic
RE\25 '3%1/90 Address:
EXHIBIT 8
... ~ w...~,w.. ~ x ~.. ,.
' eooH 616 ~,;~789
EXHIBIT A
A strip of land 20.00 feet in width located within Parcel 1 and Parcel 2,
BARTA FAMILY SUBOIVISION~as recorded in Plat Book 14 on Pages 1 and 2,
extneding from the Northeasterly right-oP-way line'of Colorado State Highwey
No. 82; Northeasterly to a line that bears S19°36'39"E from the Point of
termination, the Northwesterly line of said strip of land being described
as follows:
BEGINNING at the. most Westerly Corner of said Parcel_1, thence N39°12'11"E,
8A?~eet along the Northwesterly line of said Parcel land said Parcel 2;
Thence N71°43'30"E, 677.23 feet along the Northwesterly line of said Parcei
2;
Thence'N72°27'36"E, 43,58 feet along the Northwesterly line of said Parcel
2; -
Thence N70°23'41"E, 180,00 feet along the Northwesterly line of said Parcel
2 to the POINT OF TERMINATION;
Together with ail that portion of Tract 64 1n Secttons 16 and 21, Township
8 South, Range 86 West of the 6th P.M.`lying Southeasterly of that tract of
land as described in Deed recorded in Book 275 at Page 430 and Northwesterly
of the Northwesterly 11ne of the. above described 20.00 foot wide strip of
land,
County of Pitkin,
State of Colorado.
• ... .._
EXHIBIT 8
~~ t
1-IOLY.CROSS ELECTRIC ASSOCIATION, tNC.
3700 NIOf1wAY ii '
R 0. DRAWER 1160 tw?) uiawf
OLENWOpO SNRIN(IS, t:OLORADOi1d01 FAE: 91S•dOSI
April 26,.1990
Mr. AOUglas Eager
I'. 0. Box 981
Aspen, Colorado 81612
RE: Parcel Of Land Situated in Tract 64, Sections 16 and 21
.Township 8 South, Rang® 85 wdzat
agar MY'. Eager!
The above mentiondtd aavelopment is within the gertifiaatad
service area o! Holy Cross $logtriq AaaoolaCion, Zno.
Holy Crora Eld)etric Aaaooiation, Ino. has adequate reaourgea to
provido .leatrio power to the development, subject to the
tariffs, ru14a and raqquulationa on file. Any power line
ehlargementls, relogationa, and hew extensions hacesaarryy"tip
daliv8r adequate poweY to and withfn the development wi7,1 be
undertaken by Holy Croaa Electric Aasaeiation~ Zne. upon
oompletioh of appropriate aontractuel agresm®nte.
Flna~e advise when you lriah tq proceed with the develop)neht of
the electric system for this project.
HO E T A58@CiATION, INC.
.,U'. ~
Je ey A. Franke,
SC king $nginoor
i
JAF:rjm
EXHIBIT" ~
_~-rv r..m s+i N v Y.. xi 4.:1: YUY> ' vs: .... .. . ....:.x
' ~' Recce ded at 3;1~M Mar. 27, 1972
Reception No. X86 Peggy E. Miklch Recce der
,ri y ~:
. ~ ouun~ii~ PAGE~e~'$
PROTECTIVE COVENANTS.TO RUN`WITH
THE.. LAND C01~4hIONL~S'"`~7"O"G"'~* "A`N17""p~~1~I'~'PEIj, `F1S
HOLLAND'HTLLS AT $ASALT ~'PTTKIN"CO~NT`Y" COLORADO'
WHEREAS, the undersigned are the owners of all of the
hereinafter described real property situate in the County of
Pitkn and State of Colorado, and
WHEREAS, all of the real property hereinafter described,
together with certain other adjacent and contiguous parcels, are
now subject to restrictive covenants as more particularly appear
i:, warranty deed recorded in Book 237 at Page 132, and as amended
by instrument recorded in Book 240 a£ Page 487, which restrictive
covenants provide that the same may be modified or altered by a
properly recorded document executed by all of those persons who
own at least 75% of the subject land, and
WHEREAS,- the undersigned are the owners of more than
75% of the land restricted by the covenants aforesaid, and
WHEREAS, there has been filed in the office of the Clerk
and Recorder of Pitkin County, Colorado, a subdivision plat entitled
"Holland Hi11s at Basalt",which subdivision plat embraces all of
the property hereinafter described, and
WHEREAS, it is the intent and purpose of the within
indenture to cause all of the property known as Holland Hil],s
at Basalt to be restricted by the hereinafter set forth protective
covenants and to amend .and alter the restrictive covenants recorded
in Book 237: at Page 132, as amended in Book 240 at Page 487, in all
particulars wherein the same differ or are"incon'sistent with the
protective covenants hereinafter set forth.
NOW, THEREFORE, the undersigned, being the owners of all
of the hereinafter described real property, do hereby covenant and
agree that the use of such real property shall be restricted by
the terms and conditions as hereinafter set forth in this declara-
tion of protective covenants, and that.. such protective covenants
shall be binding upon themselves, their heirs, devisees, personal
representatives, successors and assigns. The property .to be
effected by the within protective covenants is described as
follows, to-wit:
A parcel of land situated in Tracts 55 and 64 in Sections 16,.17, 20
and 21, Township 8 South, Range 86 West of the 6th P.M., lying
Northwesterly of the centerline of a lane and Northeasterly 'of
Colorado Highway No. 82, more completely described as follows:
..
EXMI~!T 9
car ports and porches. All structures constructed with either a
windmill motif or on Lots_ll and 13 shall be exempt from this
requirement.
5.. No structure located within 500 feet of the right-of-
way line of Colorado Highway No. 82 shall exceed two and one-half
stories, or 27'~ feet in height: All other structures shall not
._
exceed 35 feet in height. All structures constructed with a
windmill motif shall be exempt from the herein set forth height
requirements.
fi. No fences shall be erected without the written consent
and approval of the Archtectual Control Committee as `hereinafter
established..
7. All structures shall be completed within one year
from date of commencement_of construction.
8: All Lot lines shall be subject to a T~ foot utility
easement. Wherever any lot line forms a perimeter boundary of the
subdivision, said `lot line shall be subject to a 15 foot utility
easement.
9. All structures shall be constructed with shake roof
except those which are flat. Metal roofs, tar and gravel, and
asphalt shingle roofs where exposed to public view shall be pro-
hibited:.,
10. Outdoor clothes lines, garbage cans, incinerators
and above ground fuel tanks shall only'be permitted 'if adequately
screened from view of ad"oriitt
7 g property owners and. private or
public .roads.
11. All utilities shall be installed underground and
all uti ity'meters shall be affixed to each individual building
served thereby. The cost of installing such underground utilities
to each lot line shall be borne by each lot owner upon a prorata
basis.
12. In the event that the subject subdivision 'is included
within a water district or a sanitation district, or a water and
servicelchargesrfor~sewer and water asashallybeurequiredees and
13. No shacks, trailers, mobile homes, tents or other
temporary structures, or outdoor toilets shall be permitted, except
such as may be incidental and. necessary during a period of con-
struction of any structure, not to exceed, however, a period of
six (6) months. No basement structures shall be allowed, except
as are attached to an above ground structure. All lot owners shall
properly maintain a well groomed grass lawn and provide as many
flower beds and other beautification, shubbery and flora as is
reasonable.
-4-
EXHIBIT 9.
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,...
:. ~_ i
wRJ-S-Rbv. 76 COLORADO DIVISION Of WATER RESOURCES `t1E
818 Centennial Bldg., 1313 Sherman St., Denver;"Colorado '80203 ~rnt~ • '' '-'
PERMIT APPLICATION-FORM ~'~~`~""'
- ~TATc cKG
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Application must .
,,
.
~D
be complete where (~A PERMIT TO USE GROUND WATER
applicable. Type or (ifAPERMITTOCONSTRUCTAINELL 03-22-90 2;03P
print in BLACK FOR: (/T A PERMIT TO INSTALL A PUMP ~ 03247E 60.00
INK. No overstrikes MWX00B P0011
or erasures unless ( I REPLACEMENT FOR NO.
60
00
initialed. ( )OTHER .
WATER COURT CASE N0. ' CHEGIUE 60.00
0.00
t r ~ a,r r~~w•-,~rVVv r - Inpanrr ry auur eppas
NAME pW~./~ RP~EI~
STREETf •~•~ ~~ WIU•4X~BrY~ )
clrv P~~EN Cb • 81(012
FOR OFFICE USE ONLY:
IS COLUMN
Receipt No. C.Jn~~~ 7oZ / _
Basin Dist.
ONDITIONS OF APPROVAL
TELEPHONE NO.
121
.~Y ~ `! :/of the~LV_y~``'/,A.,,,Section ~~,`~}~-
TwP.~_ `!/ Rng.~ Jam. ~-P.M,
IN.SI :. _.. _... IE. WI
131
Proposed maximum pumping rate (gpm) 1 J ~ •'P M r
Average annual amount of ground water rL
to be appropriated (acre-feed: . %~CRE'FT
Number of acres tope-irrigated: _~
Proposed total depth (feed: ~~~
Aquifer ground water into beobtained from:
~ t ~UT,c~RI'
Owner's well designation '~~
G~~~R~~O~/UND WATER'TO BE USED FOR•'
( t~/tiOUSEHOLD USE ONLY = no irrigation f0)
( )DOMESTIC 111 ( )INDUSTRIAL (51
( I LIVESTOCK 121 ( ) IR'RIGATt`ON'(BI
( I COMMERCIAL 741 ( )MUNICIPAL ISl
( 1 OTHER 191
DETAIL THE USE ON BACKiN (i t)
14)
Name ~ E G~-~FI..
Street Y•O•(`-GYC 10-j0 (%l~~~}j(~Y~_
City (J,L~F~~1tl.~''r Gn ~ ~S~ 2 )..
~I Q~(S~tate) ( i~ pj
Telephone No.~-]! ~ NLic. No.
This well shall he used in such a way as to cause
no material injury to existing water rights. The
issuance of the permit does not assure the applicant
that no injury will occur to another vested water
right or preclude another owner of a vested water
right from seeking relief in a civil court action.
APPLICATION APPROVED
PERMIT NUMBER
DATE ISSUED
EXPIRATION DATE
(STATE ENGINEER)
BY ~ ~ 0
ti /
LD. `~ - ~ ~ ~ COUNTY `'}C
___ - u
.
(5- THE LOCATION OF THE PROPOSED `VIIELL ar'd"'the area on
which the water will be used must be mdicated;pn the diagram below
Use the CENTER SECTION (1 section, 640 aces) for the well location
+ - -{- - -~ - -{- - -I- - + - -}- - --f- - -~-
I ~4 1 MILE, 5280.FEET -~
+ ~- -{- -~ + -~- -~- -F- ~-
I i I
+, _ ~ NORTH SECTION lME
1 NORTH
7' W
z
2
0
U
W
F
N
'~ ~ i
I~
T - -}-
~ yJ,
w~1O~!
I I
- -f- -
. '+ -
I II
- t -
~
- + - -~
m -)- 1-
N
y
m
°
z
r
Z
m + r
II
~ SOUTH SECTION LINE
~ I T -
. "~'
'~'
-I- -E" ~- + -~- ~-
_
.
-I-
.
-~- I
I I
- -1- - -~ - -~- - -f - - -F- - -1- - + - I
-{-
The scale of the diagram is 2 inches = 1 mile
Each small square represents 40 acres.
WATER~EQUIVALENTS 7AEL"E-lftounded Figures) .~
An acre-toot covers 1 acre of land 1 foot deep
1 cubic foot per second (cfsl . .449 gallons per minute (gpml
A family pf 5 will require approximately 1 acre-foot of water per year.
nacre-foor::.43,560 cutiic feet.:. 325,990 gallons.
1,000 gpm pumped continuously for orie day produces 4.42 acre-feet.
(10) LAND ON WHI
Owner (s) : -+"""4~~~-~-
Legal description:
(11) QETAILED DE
syGs/tem~'rt^o b~Ie 'u~ 1s/ed.
(12) OTHER VIIATEF
Type or right Used for (purpose) Description of land on which used
~1~l ~PLlc~c-~'
113) THE APPtICA
TRUE TO THE
S/GNATURE
(6)
~ ft, frgm ~Q,g~_ sec. line
(north or ioUth)
~~~ S ft. from `IUE~JT sec. line
''. (east or west(
LOT BLOCK FILING ~
SUBDIVISION
(71 TRACT `ON WHICH WELL WILL BE
LOCATED Owner.~(2 A( ~_
t
No. of acres .Will this be
the only well on this tract? Y~~l
(8) PROPOSEb CASING~PIROGR~AN1
Plain Casing
/~in. frgm.~_ft. to ~0 ft.
~:L in.from.~ft. to ~L~~ ft.
Perforated casing
l l I~~~~ ~~~
_~_ in, from ~LS_ft. to..~~%.ft.
in. from ft. to ft.
(9) FOR REPLACEM'ENTVIIELLSgivedistance
and direction from old well and plans for plugging
it:
~~ ~~Pl.fcr~~~
use of ground water:.
- t
_.Nq. of acres:
Itic wells must indicate type of disposal
on this land, including wells. Give Registration and Water Court Case Numbers.
Use additional sheets of paper if more space is required. EXHIBIT ~ O
_ -
e^~
ASPEN*hITKIN
ENVIRONMENTAL `HEALTH ~DEPAFRThAEI~'1'
APPLICATION FOR AN INDIVIDUAL SEWAGE DISPOSAL•'PERhTIT
has- es3a H .
Name of OWNER __ (~t~COL~s ~ f~,-~JG(~ PHONE g25 -1 131 1~/,
Address of OwctER PO. ~X ~~ ~ ~P~j ,~Clj• t~~~Z .
Name of APPLICAN/T ~F ~ ""// PHONE
PERNtT TO aEt ( )Picked OD (+~3~'7t /ailed tot T1?E OP PLRN2Tt (/Inew Ieatallatlon ( (Repair
• (q OUnar ((Applicant , ; )fleergenty Me ( )AltesalSon NOT duato lailuia
I4!'ATION OF PROPOSED SYSTENt _." ,, •...... .. .. [.
Legal Deaerlptleo
1qt Dloek plll~ SubdlVision Slra of Let ~ 1..,
.! acres
TYPE OF STRDCNREt (y 5engla Frilly Walling I )Others
Do yoo plan any ! ether addltione tothe
,t raaidence7 '( ES ( )NO
No.et bedreoma ~f" No.. oL Letta~_ Ne. 6t CarbagaDiapoula ~ ~ Yo: of Antematl¢ Diahvaahars
No. of Autonatlc C1oTchoa Wa Aera~wt.
VATER SUPPLY( ( rive a a . D¢pth1. `(7T~~ ~(7 or ( IPnblie, Nave of Sya t¢n
( )Spring ,~~,
' ~ ( )Ser¢aa er Creak
TYPES OF 2NDfVIDVAL SENAf.E OI SiWSAL SYSTEM PROPOSE01 - ~ ~ - ~ .~
( eptie Tank/Abaorptlen Field (IAeratlon Plant/AbaerplSee Field OCOmpestinq Tolle! ( ISne1n¢ratien Toilet ( INOUnd
(. )R¢eyelinq, potable uia ( )Retyellnq, other use OVaultprlvy ( )Otih~r ~'
The Ynl Cial site lnapcetloq moat b¢ areaaq¢d vlth the Aspen/Pllkln Eevlronmantal Health Department (9t5-]OSO 8:70-9: ]O~s.m.)
betor¢ • P¢rmit can bo lsau¢d. Tpd lndividuaiawage dlapeaal penelE muse 1ie'lafucd before a building p¢rmle can be obWlnod.
FINAL 2NSPECTION APPROVAL /D1ST aEOIVEti aY THE R$pEN/pt'LR1N ENViAONN1iNTAL NpJ(LTN OEPAASNENT pRfOR ~1'O OACKFIL:.ItiC ANY P0112I0:1
OF 2NE 1iYSTFJI. --
APPlluelon for an indlvfdaal aevage disposal permit Ya Aeseby aaMn!ltcd. Theunder-ige¢d aeknwlcdgea thai the above Sntormation
la tsu¢ and that Talsa lnfokmaelen v111dd--~7lna~v~al~~i,.date the application and any .auba¢qu¢nt p¢~~~rmyyfit:
61gn+tura of Applicant 9 iCil' 1( ~J }~/y( ~+,~Z DATE
'. ., (This application b¢eamea: invalid 1Taw As lrom the above date.)
NOTE: PLOT PLAN mast be filed with this application.
Please locate the following items by measured distances:
1. Property lines and dimensions.
2. Proposed and existing water wells on subject property and
adjacent property.
~. Domesticwater service lines.
~. proposed andexistingbuildings, driveways, and other
' structures.
5. Streams, lakes, ponds, irrigation ditches, and .other water
courses.
6. Proposed and existing individual sewage systems on subject
property.
SUBMIT A REVISED PLOT PLAN PRIOR TO CONSTRU^TION IF INSTALLATION IS`TO
BE CHANGED FROM ORI~INAL`~E~LhN.''~"~"` ~ ~"~'' ""'_"~
Ths underalgneod$hereby aekn¢vledgea receipt bt this ledivldwl tavege QLpoaal petmie application and a p¢rmlc [ea in the amount
et S 2~ . Mealpt Number Daea fee Rce¢ivad _ „yy
Adminlaeratlvo O[f leee
P~irr r-EE: ~So~- .
P~~ T~sT /oo °-'
T90 56ut1, fSalens street......... ~ ~ ....... EXHIBIT 1
Aspen, Colorado 816'11 3Ct3/H2[3-6[170
2
D~M~ cN ~, V,M. V,~r~p
_~~.~vr/ ~-~fit FRoM ~JeZi~`~P~-TY }~~~T~RI<i,~u~~ ~N~
FXNIRIT 12_ ~~
,~
~ P~P~P~
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f`'r~~ ,~~-~PPINC~
Nicholas Lampiris, Ph.D.
CONSULTING GEOLOGIST
0793 VALLEY ROAD"
CARBON DALE, COL"OR7kIY0-/31"823 ~ ~ ~ "~
(303)963-3800124HOURSI
1)ottg f"tags-ar
F'n sr,:: a~i i
Apr-xn GO B1Eo1:2
RE:: ~Jiriga Jlm[-t::i.c,n F9^ra(~r+r k_.~
I:7ear Mr-. F?;:3der:
X hadr c-c:xnF~]cal:ed n»~ drnl.c7nic ~nvc!t:.rntt.:ic:nr t.{ .~.1-, ,r.-yr:,,~r,
r-eFE=t eriic?-~cJ F:mnner'ty nor-'ttt of l-li[7hvatay E3"', thr, 1?{.=river- t3n~:1 hi.c:r
Gr-aru[le Rai. l.r-'oacl track<.;;,, arid thr. F?rr<;tr-i.ng f'"or'I:: Fitt{er' -f t;:i.=.;
north r(~ lli.ng~i ~7uiu +: i.r.~n ic'
in Secti.nnca 1F., a.rld r:l., '1 CS f:3; C~ '3f, !4
of the Si;i1.h F'I°I, F i.(..f.i:rt l.rxanty,, ('ciLor-auio. 11nl.l.arid f-li.:! ~-, i:::;
r-t~-1.j<,.c_ent t..o l.hFa uar~«,'t. 1-I-it= kat-t:i.l.dinq =i.t:~ is at: thr_+ art!;9, .end
of t.1;r= proC:rerty, a=~ 4;hntNr'r nn the accrim(:ranyi. rub nr _a Fi, c?rr ~ ea [~i.. i,th
f<aci.nd, t•-arrl hi:f.l. s:i.de wi.'th r-F~ia sand~~tcina ot.at.c::r'oias on .i. 1..
1-here ar•e ~catter'ed pinion=, kin. the si.1-.e.
l'he rr d I:~eris df l-hc-! rF~nnsylvani.an-Permian ar~E~ hltarer.:rn
f-nrmat.a.nn r.-an't:>e se:;en at and behind t.:he site and undE-•r'1i.~`the
`-ai1-.4 a1: i.1:=; 1r•iw~:=r ehd uihEare nn7.y >evc_ral. fr_>=t of c:o11G•~9.t.tm
co',~er the outcrops. 'fh~ tied<; are nn4trly -f l.at.: 7.yi.nU.
`I"I-:r= gor3].odic.'ccrhrr=r~~ i.nc.ttrdA ror_l:: fall, an;1 {:hn,c~ crxnrracl-~cl
faith ChE~ dF+hr:i.=; inn wl-ri.rh i~, Formr>cl <>t tP~e n,c;t..i+.n rrf a hr.tla.~-
nut cif fh~ red hills ad7arent to lore si.'te. 'The ~,itra ar, :ahouin
tai.l.l nn'1-. kiF~ af'rr~ctr..tcl key the i'an becal.t=;e i. t. :is above= ii-.;
r7everihpl~=_;<s, an investigation for prone.r f~candat~or7 dE~,ir.,n
i ~~ rlf~( f?S~Srtry ber.ausrz f. P'1 ~' sl tE-) ] ~ f';?I :i I 1 ~" -.
r y .- t r F; l:1 (t h [+ n E:>a. r-
~I_ir•Face'bedr-or_I:. wi]1. provide a stab l.e~ ha=;e~ -for i:.he
fol..tnrlcttion), T rPrr;mmend the r..orrs,trut:tir:m rrf a. rm.l.1. bF.,r_m t:;r
other ?i=-af l.~ct.i on d>,vi cr= can the t.xphil l si dsz r_rf' ttu ci,:. c5 t; r~
f:eep any shE=,~et.flow from rr:~aching the (:irr;pcsse:d hornr„ -Cl-ri.s
fr=<-atttrn'[-<3h be i.ncz;r+>or~ttr+d w7t1',in 'the 1. i.ru+~r. cyi-r1~_r-e~p.> r•;ri the
e.rphill side of then itfz ::ti l- the rr;ar od' thE= I-;cam?'?. ltrrx l-rc:rmr..;
tshot.tlri fiavca i•~risi'tt ~= dt•- linage ,t rrt.ai'id ii- Sao i-h;3t: ~, il'e+r dr~r+,
not w e-tct; +.he fnt.tnri;,tti.cn;, the=rEhy rarrrir.tly u~E~ltinc.l P..hc, s:u-r i. .L<s
there„ __
l he r nt k f a.l ] ha: -tr rl i =:~ rt~i ncir 17~r.aus on7. y =,m;_t:l. l = anr! :'tr.:rrrE=
hl.o[::Is <xre a~rai.l=ahlo and Choy ~~ra.11 r_nrnFr from a.n out:: r:7r•oi,
pattF~rrr nr.rt: too feu'- ahn:~e thF; =>1tE>, T. recnmmrtnd i t ri'i;~r~ Tr:;ot
sate+rn o-~tal l ai: thF~ rear crf i hEr hrymc w.i I Ir ru:7 49.i.1'Idr.7tV& r.n i k; <;,t,~
i:.hat. rock ds:imacfe> i.s mi.rti.maa, i. 'f i.'f:. (:7C:clA1'"'~ a't. at 1. 1. ,,
s
a
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EXHIBIT 13
r :``
A pltxilacinct tvr.=11 ;hc:n:l(i Ifrr--~ nhzi lncrci Li ,Y rlr'l.l:int:{ "nrr i.rl '~u',
firm Izr,.zT.i~w {,.I'Ie !,sir('tr..r.: rrrh:c~ ilrr I°I<::u'rzon 1',::r:zirl!f::i.r::>r rllr.: ~~,{,;:rr..
~•az. 7 T Lzr'(:Jl:z 31z I ~ tc!mi.a:i. rz i r'rzn i r•nm thr 1 r,ri t:rr it-::>.. 1 t ~ , r= , I zu s,;! I.
stlcutTcl FJe! frr t:ia:l->le tfir'(zn!.01 t:ln 1~ e 4 ~;;1 u~rl;cr,l r,l.l'I::il. fi.::u'11:;
<:an(:1 c.lr•~-a.i:rz flczata tr !...,r[=sn I`Iaa ~].^s <a ( :;r.cEi..lle'./ fr.r~ns'a<3!'+la. -inra
tFrr?r~ r=nraiagtl ~ cu:rn '!:' z II ';,r..ar`tn.J <;at:: Fh- - ~-,- r
,c? rl l~, r ring) I::ca1 1t r" ref
t 11 ~ ] r 1 strut 11 11-21 1' J ?.I•: J n t f)Ui F y cl ;i::r { <at ~: c~r1 F ~ u~ i i'1 E,r.
1,c:rn (i t:1 r= r ~ n~;a..13tr,tl -%'r..11 Ili=, =fJrt 1.4:i 11.r.c:)nme.ni.I<ati.r)nr-., Ir1 i. t.
it ..,y t7t?1'1'.!i"(E'"S<3Y"Y h, t) F~rlijc.C-f (.? E{i.:A Va. I. E~rrr~ln.':i)4?Y' {':O drv4iA'>{. ]. r'I 'f1-1 r9
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lu. 1: n..c rls ,crrnc~ inlfi)1 avFarnelzt. t:t~ Ix. r.1<_,c <~hT.r~„ ,;r r:~.1,t1 T y i-!,_ ; 1~.t.'1,*,
l l:.'' :Tn '1gf ir'e<;:t wi1.1. t:.ral;`= ~a hi.] L <si.llr, :r..rl:. :~r~ci <:a c1 ~.:!. L•.-
!., Y"O°.i>1fl(3„ ~I"17. °_i cl a, ! (] rnriy rl f?E~Cy 1. (] t]E? S. Lf 7.I": .C.I e:,rl~ 1 pr
L-ha'F. t hia humra tan d ~r-,'i c{ ;r,rl ra ra•z 1: rr z1 r !:7 . tt l('- { I ~e;? ~.~.m1 ~ 1
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nfl r ~a.!i(:in c~.. gas I hz) <s .i tzrc~rma rt!r ,; f:
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.: .L }II s ~'!.1 r UDC' CI lf) 11 (l"('. f1 F'~1 t 'i tf. Fa
f7 t_t ~ 11'x. ~!::: I. ff1,-. ~~
ai. rx::erfrT. y,
Rl:i.r..l-u.~a. •;~ , L-e;npi. r-i. ~,
Ccan=siaa.ti.rlq f•;E!oanni.e;t.
EXHIBIT 13
gc t ~~ ~
~` ' ~ ~,~
~~~~
PUBLIC NOTICE.
RE: RAGER GENERAL SUBMISSION
NOTICE IS HERESY GIVEN that a public hearing will be held on
Tuesday, September 25, 1990 at a meeting to begin at 5:30 pm
EastrMa~.n Street ~ A pent Commissioners, H Psptrict .Courtroom, g50~
• o consider an a lication submitted b
Doug Rager requesting General Submission a royal for a sin le-
famly residence. The. property contains approximately 5.62 acres
and is located adjacent to the north of Morrow Ranch with Hollad
Hills. adjacent to the west and BLM proper~'p on theeast and the
north.
For further information, contact the Aspen/Pitkin Planning
Office, 130 South Galena St., Aspen, C0 (303)-92.0-5.090.
`_ JHerschel Rdss Chairman
Board of Courity"Commissioners
blished in The Aspen Times on tiugusr. ao, ~»v•
tkin_COUnty Purchase Order No. ~ ' 9~~ -
~"°"~ '
~.~.~
CERTIFICATE OF MAILING
I hereby certify that on`this(~ day of ,
1990 a true and correct co 0o ert downers wh ch was suPubled'
postage prepaadpoto the adjacent propertyaowners as indicatedaon'
the attached list of adjacent pr p y PP
to the Planning Office by the applicant in regard to the case
named on the Public Notice.,.
By: Cindv L. Christensen i
Administrative Secretary`
i
~ ~` ~ ~ z
~~ ~ . ., ~ r
s-
PIIBLIC NOTICE i
RE: RAGER GENERAL SD'BMISSION _ _ i
NOTICE IS HEREBY GIVEN that"a public hearing will be held oa -
Tuesday, September 25, 1990 at a meeting to begin at 5:30 pm~
before the Board of County Commissioners, District Courtroom, 506
East Main Street, Aspen o consider an application submitted bye
Doug Rager requesting General Submission approval for a single-
family residence. The property contains approximately 5.62 acres
and ~s located adjacent to the north of Morrow Ranch, with Hollad~
Hills adjacent to the west and BLM property on the east and the'
north.. i
For further information, contact the Aspen/Pitkin Planning
Office, 130 South Galena St.,-Aspen,"CO (303j 920-5090.
s/Herschel Ross. Chairman
Board of County Commissioners
i
Published in The Aspen Times on August 23, 1990. `"
Pitkin County Purchase Order No.: (~'~ 9~~
Exhibit 13),(Article 5-401.3(f) ). .The home will utilize the natural features and histonc flow patterns
of the hillside landscape tb advr tags. Sited above the floor of the draw, they hife centers on a i
broad ridge between two. relate, major drainage valley "fingers". The serves ;,' ~ ger"valleys fan
,f . aL~t around the base of the hillsde and flow into the alluvial material at the floor o~ the draw. The ~
homesite ridge is favorably protected from rockfall abov`,e by a'natural linear rock outcropping
perpendicular to the course of natural drainage. Moderate terracing above and below the rock
outcropping will deflect surface drainage to the near west valley "finger, will enhance erosion control,
and will further protect Trom rockiall. A deflection wall as recommended in the geologic report will
also be incorporated into the final design. The geologic report notes that."near surface bedrock will
provide a stable base for the foundation". The foundation system will be engineered to utilize the
proximity to good bearing for minimizing excavation and associated site fmpaci. Backfill will be added
as required for foundation frost protection.'
The garage is below the homesite and on the same ridge. The drive will traverse east and down across: i
the hillside from the garage'until it switches back at the floor of the draw and exits the property to the
west. The drive wip be engineered as suggested by the geological report and will be carefully
landscaped to preserve the natural character of the site,
The home and detached garage will be designed and executed m a manner which wtll mtmmize
__ _„
disturbance of natural vegetation and soil cover(Article 5-102:1 (a) ). Because the site is sparsely
vegetated all existing trees and sage will be vigorously protected and pative species immediately
re-vegetated (Article 6-105.2(b}(1) ). Scenic quality at the site will be maintained and enhanced not i
only through re-vegetation but from site sensitive architectural constderatlons of appropriate form,
materials, ahd color. Small. scale, use of natural materials and site predominate colors will help to
blend the structure into the landscape. Further, the Applicaht will work to clean up illegal dump. sites
on adjacent private and public lands. (See Exhibit 12).
All current State and County regulations for air quality will be followed. Fireplacelwoodstove air
pollutants are the only significant air pollutants to be generated by the proposed single tamely home
development (Article 5-106.2(b)(4) ).
Articles 5-103 Compatibility with Historic and Archaeological Resources. and 5-104 Compatibility with
Agricultural lands and Operations are not applicable to this submission.
i
For additional information required on other appropriate considerations not covered. by this summary,
please contact the applicant directly by telephone so that addendum to the submittal can be made as
ti
soon as possible. Guided site tours can be arranged on short notice, All interested parties are
..encouraged to visit the site.
ADJACENT PROPERTY OWNERS
Mr. Robert Morrow
0097 Sherman Lane
Basalt, CO. 81621
Bureau of Land Management
50629 U.S. Hwy. 6 & 24
Glenwood Springs, CO. 81601
Mr. Dave FAcBroom
0782 Holland Hills Road
Basalt, CO. 81621 __
Mc John Schoe)ler
0779 Holland Hills Road
Basalt, CO. 81621
~k
,. ~, ~.. b ~ ~ W
~.. a.,. .. _ .W
~~ ~
PUBLIC NOTICE
RE: RAGER 1041 HAZARD REVIEW AND GENERAL SIIBMISSION
NOTICE IS HEREBY GIVEN that a public--hearing will be held on ',
Tuesday, August 7, 1990 at a meeting to begin at 9:00 am before'
the Pitkin Planning and .Zoning Commission,' Roaring Fork Room,
Aspen Community Center, 0100 Lone "Pine Road, to consider an'
..application submitted by Doug Rager requesting 1041 Hazard Review"
and General_Submission ,approval for a single-family residence.',
The property contains approximately 5.62 acres and is located'
adjacent to the north of Morrow Ranch; with Hollad`Hills adjacent
to the west and BLM property on the east and. the north.
For further information, contact the Aspen/Pitkin Planning'
Office, 130 South Galena St., Aspen, CO (303) 920-5090.
s/Suzanne Caskev Chairperson
Planning and Zoning Commission
Published in The Aspen Times on June 21, 1990.
Pitkin County Purchase. Order No. 1~~~.7.-7
DATE RECEIVED: 4 27 0 PARCEL ID AND CASE NO.
DATE COMPLETE: 3 ~ 2467-212-00-002 P55-90
STAFF MEMBER:
PROJECT NAME: Rager 1041 Hazard Review and General Submission
Project Addressc
APPLICANT: Doug Rager
Applicant Address: P: O. Box 481. Aspen', CO 'W-5-1131. H=5=8530'`
REPRESENTATIVE: ..SAME.
Representative Address/Phone:
PAID:, YES NO AMOUNT: 51615.00 NO. OF COPIES RECEIVED: 6 I
.TYPE OF APPLICATION:. 1 STEP.:. 2 STEP:
i
P&Z Meeting Date ~~~Vk^ / PUBLIC HEARING: YES NO
~ ~ VESTED RIGHTS: YES' NO
`.
BOCC Meeting Da~t,~~ PUBLIC HEARING: ES' NO tl
e
6G~ 13 VESTED RIGHTS: YES NO
Staff Level 1041 Minor Hazard. Review:. .Date of Approval
REFERRALS[
f
V
ttorney Aspen Consol S.D. School District
~ Engineer Mtn. Bell ky Mtn Nat Gas
using ~ly Cross ~ State Hwy Dept
Aspen Water ire Marshall~&r.sn-~~" (Glwd) (GrJtn)
Envir. Hlth. Snowmass Vll Zoning
~,~nager FAA CO Geo_ Survey
__~J~ llly. Wildlife Div. Water Res. U5FS (Aspen).
Caucus - USFS (Carbondale)
Other:
DATE REFERRED: _~/~~/9iO ...INITIALS...
FINAL ROUTING:
_ County Attorney
_ Housing
Other-
p~ ~,~~..
~~ ~ ~ ~
DATE ROUTED'
_ County Engineer Zoning
Envir. Health
2~.® 9~--/~5~
~j'L-a
���yr
10,11 HAZARD AND GERl SUBMISSION REVIEW
SUBM13TEDID; mist, Dill LaLKEF'A
PRI(in ('kmnty Philinning Deparlmoril
130 Sowh Gal hAPw
Aspi Womdo 8 16 It
OWNER/AFIFILICNI Douglas L. Raguln Al
R(I Box 401
AqxmR QkAmdo IF 1612
r"(PE OF APPLICATIOLLI 13LIbIfivision exernpfion PorLDn9lia family residoncLI. Piflon Gounty I CAL I
VUHhhe, jedooc hazard and genem! subrnIssion fof unplaRod land.
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I
IN CA OF COLORADO,
CLICE THEREBY CONFIRM
THAT ON APRIL
A FAhCh L
(IF I 3111WAFE 0 IN MALL
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IN SECT ION 16 AND
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I
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THAT ON APRIL
0, 1990, 1
INSPECTED THE PROPERTY
SHOWN HEREON AND
FOUND It AS
rAe
AND THE MORESS ANN
EGRESS EASEMENT WAS ADDED TO THE
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A REASHAVIERE0
LAND SUPPIFYOR
IN CA OF COLORADO,
CLICE THEREBY CONFIRM
THAT ON APRIL
0, 1990, 1
INSPECTED THE PROPERTY
SHOWN HEREON AND
FOUND It AS
DEPWTE0 HEREON,
AND THE MORESS ANN
EGRESS EASEMENT WAS ADDED TO THE
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A REASHAVIERE0
LAND SUPPIFYOR
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CLICE THEREBY CONFIRM
THAT ON APRIL
0, 1990, 1
INSPECTED THE PROPERTY
SHOWN HEREON AND
FOUND It AS
DEPWTE0 HEREON,
AND THE MORESS ANN
EGRESS EASEMENT WAS ADDED TO THE
DRAWINU AT
THIS TIME.
V EY
6 4
21
6-M F,� M.
NO 1, 1, S
I THE UAAS OF UFARHNGS `OR fHW TURVEY 15 A SEARITAM 04-hIORTH 00"'30413"AAEST
REPAILEN IL A LIOVATNINHALN1 LAND OFFICE NIONUMCNI'S FOR CONNERS I AND I'
Of TRACI 64, IN SECTIONS 16 A190 04, TOWNSHIP 0 SOUIH, RANGE 00 1 Or
THE GUr PRINCIPAL MERIDIAN, AI SO IBM RECORDED HEARINGS bErwEEN FnUND
MONUMENIAIKIN ALONG THE COMMON BOUNDARY WITH TUE HOLLAND H1 L L 5 At
F,IASA,LT SUBDIVISION,
2. THE SUBDIVISION PLAT 01 IFULLAND HIT LS A! BASAL n Q RF CORDED IN PI Al
ROOK 4 AT RAS k W 5 2 IN I "E O F F I C E OF r IT ER: N I I K I N COUNTY C1 ERK ANN
RECORDER,
3 . U IF L I r Y LOCAFKMS ARE UNKNOWN M M4WkYYJ
4. FDIC SUINVEYON ASSIIMFS 140 LIADII ITY U ON THE BOUND ANY MCINUMbIl
I SET HY 01HITH SURVEIVONS OF THE HOLLAND If 11. 1 1,' A Al B A S A 11 S I I B 0 1 v I S 10 N.
5. T IT E IT L I S A O f LL. E C I R I C UTILITY EASEMENT CROSSING 1015 PROPERTt SAID
I ASE MI: N I IS RECORDED IN OOOK 301 AT PAUL 090, IN THE OFFICE (A lot
virm COUNTY CLERK AND RJECONCER.
6, AL I BEARINGS AMN DISTANCES IN PARE FIT Hi ARE F R ON1 I HE BAHIA
FAMILY SUBDIVISION AS RECORDED IN PLAT BOOK Of AT PAOE 2, IN F4SE
OFFICE OF THE PI TV, IN (HOUN I Y CL E A K AND RECORDER.
K THERE IS AN TWPAREN7 ENCHOACHMENT ON THIS PROPERTY BY A14 ADOOINING
PHENNSE, THE PROPERTY KNOWN AS L OT 41, HOLLAND HILLS AT 011
H A CONSTRUCTED A FENCE THAT ENCROACHES ON THE PROPEFTTY.
8 1 HE MARIA FAMILY SUPRHVISI ON OVERI AIT (ENCROACHES) THE PROPERTY A L ON in
T HE SOUI HIF AST ARLY BOUNDARY THERE IS A GAP BE rwE I r H E PROPERTIES
ALSU AIUNn THF-SOMHEASIERLY COMMON BOUNDARY, BOTH THE OVERt AN
I PHQFJ CAP ARL, SHOWN FIG TWO N,
9, iHf U I J: 0 10 bli R RAQf 11 FOR I HIS PROPERTY REXUROLD IN BOOK 55 9 AT
KIN G I 89F l IS PHI A LANE 1110,10i THIS SURVE YCHE IS I L t4 A U L E I () t 0 ('1 A T I
ANY MFUNNIATON AHOIJ J RDAUWAY, USE, WilliFt, ATIO DEDICAIDON
TO 50fIVt YOR FINDS THE CHOY ACCESS !OR ILL? IS BY AN EASEMENT. THE im IT E SIT
EASEMENT is I iRsr REFERkNCED IN THE DEED FROM JOHNIVE L. 8. HEADLUND
AND ALINE Ch HICIAGLUND LET RON A. TIMROTH, RECORDED IN Ill 23G AT PAGE M1,
OESCMIEVIED AS "AS PREJSL',,.NTLY SITUATE AND IN PLACE AMR EXTENDING FROW1
SIAM IHG"VVAY Ni) 82 NORTHEASTERLY ALONG THE EASTLRUY SIDE OF A rRACr
CONTAINING 9 04 ACRES MORL ON JESS, CONVITILICUS 70 THE PROPERTY
HURLINABOVE DESCRIBED! THE PROPERTY smorwill HEREON WAS A PART or THE
DISCHILO D PROPERTY. RON I 1AMR0114 '"O) t") TO EDWIN KNIRI, BERGER AND
ANNI KNIRL fit ri THE PROPERTY SHOWN HERECIM, CONVEYINE; ON DEED RECORDEI)
IN ROOK 215 A: PAGE 434 vHF DEED BID NOT LIST THE ACCESS EASEENVENT
PHIL DID GONVEY ALL JIM APPURFENANCES THAT WENT WITH EVIL PHOPERTY.
THE KINIPLOrROW SOIM 10 OOUCLAS L. HAGER, ACAIN (A)INIVENENNO TIAP APPUFO
TENANCrS ON DIED 509 AT PACO. SEE ALL DEECS MAY RE POUND IN FHE NvCR',',F
OF THE CFrKIN COUNTY CLERK AINIO RItCORDERI
IMS 5URVLY DOES NUI CONSTICUTE A TITLE SEARCH BY SURVEYOR TO DEIERNINE:
BOUNDARIES, OINNERSHU4 OR EASEMENTS OF RECORn. 1515 SUNVEY 15 THE
LOCATION AND fJ�'3rACHJSrNLi ON I HE GROUND OF TIME PROPERTY AS DESCRIBED
ON THE,DkED RECORDED IN ROOK 559 AT PAGE 997 IN THE OFFICE OF THE
PIFMN COUNTY CLERK AND RECONCER.
SURVEYOR RELIED UN THE TITLE INSURANCE POLICY FRONT ASPEN 11 1 Ir 1 P C()RP.
ORATION, LITTLE U 9 A INSURANCE C:ORPORWnON, POLICY All 014725R, ORDER
NO 4UU02U OL fUR INFORMATION REGARDING ENCUMURANCES Or EASEMENWa
AND RICHrS OF-WAY AqDIVMNAL 10 IHOSE SHOWN ON I'L I f,. DEED.
12 IN19 P14OPERTY 19 SUBJECT 10 THE FCNo I Olill
(A) PIDGIN OF PnOFRIEIOR OF A VEIN OR LODE TO EXTNACI All REMOVE HIS OrINK,
(10) RESTRIXTION, C✓NfAHJl IN DEED RECICIRDED IN BOOK 270 AT PACE 430
PROVIADING NO MORE THAN 5 RESIDENTIAL STRUCTURES OF JELl
(C) A RICHI or vvky Full A LANE, OR A PORTION rHEFT(:OK
13 11 IS SUMITMOVES OnNION THAT THE INTENT OF THE DOCUMENT REC()RDENCE IN NOOK Gif'A
AT PACE 786, OF 11F G rKIN COUNTY t .ERK AND RECORDER PILES, IS ED M)NVEY
AND CORRECT THE PROPERTY OVERLAP BETWEEN THE PROPERTY SURVEYED HEREON
ABU THE HARTA FAEJ SUODIVISHI(IN,
supvtIll SMIENTUNT
1 , LOUIS o f wilvi-Till A RUCISTCRED LAND SUnVEY()U IN THE All Y A I E OF
COLORADO, 00 GOINFIRM HVIREBY IHAV THIS PLAT W49 PREPARE D FUR
DOUGLAS MAGER OF A SURVEY PERFORNIED By MYSELF ON UNDER MY
WREACI RESPONSIMLIFY, SUPERVISION AND CHECKING IN OCTOBER Or"
1980, ON THE PRDPERIY LOCATED IN VRACr 64 OF SEMFUNS 1.
6 AND 21,
FOWNSH"" 0 SOUIM, RANOE SS 'VEST OF THE SIC PRINCIPAL MERIDIAN, TO
ASCERTAIN THE BOUNDARIES OF THE! PROPERTY LIFE ii THE BOLIKOYARY
MONUMENTS SHOW11 HEREON, WERE POUND OR SET, AND AC"TTUALLY EXISTED
AT THE TIME OF SURVEY OF SAID PROPERTY. SAM MONUMEND! ARE
ACCURATELY AND CURHECILY SHOWN DIEREOM, AND ALI- 01MELINHONINT AND
DMAILS SHOWN HEREON AGE CORRECT TO THE BEST Or My KNOWLTC)GE.
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ANY DEFEC If IN FNIS S
HILL, I OF ME CkCl
DO A, TAW YOD I Q'I)MAll ANY LC Ai AIJION
THIS SURVEY WIMIN THRIVE YCARA AI TCR YOD
IN NO EVENT MAY ANY AUTMN Iol UPON
A BE COMMENCED Ill INAN ME! YEArtir F10AM
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PER DOCUMENT
RECORDED IN BOOK 616
YJ
Al PAGE 700,
AS
.. ..........
IMUN I Y ":v 4,A RVL`J
JUNIOR TI UP ITTATE
G, 0Jt`i khINAI N I I AND
OFFICE MO NUM EN4
FIELDS= 1i6%
DAY OP 19
A.'1 TO.
vu Adin/11" R"P VIA IH AT UNI CAP
MARK& D ON Fit
IN BOOK I OF
COUNTY 9 U R V E AW R'S L A N 01 SURVEY
PL ATSJRJGH`I OF -WAT
1 4 7 ? TIT
SURVEY Al PAGE
RECEPTION N U N1 BE If
T IS H3,
0
1 ',,1 111 b a GOO 1AJ PLASTIC:
C (I P IIAl D III
LAND SURVE7 PL Kr
COMPMES WITH SLCf ATI 3H 51- MY
, COLORADO REJ D
At AiNly
SIAMIRS,
J: 1 5 / 8 Al 0 W I l H PI Alf'"!
CAP MAJ Willi
HINEITNEN I it 66
10
COUNTY SURVEYOR
E
BINGIPINING
OF INGRLS'lt /TFTD
COIA)RADO -JA H, LIKIIPAI'lM
NFL) (4l:'
EGREAS EASEMENI
'AT
uPoHE A)A
W ACV
ANN,
IN', Axl",IAIJ
V EY
6 4
21
6-M F,� M.
NO 1, 1, S
I THE UAAS OF UFARHNGS `OR fHW TURVEY 15 A SEARITAM 04-hIORTH 00"'30413"AAEST
REPAILEN IL A LIOVATNINHALN1 LAND OFFICE NIONUMCNI'S FOR CONNERS I AND I'
Of TRACI 64, IN SECTIONS 16 A190 04, TOWNSHIP 0 SOUIH, RANGE 00 1 Or
THE GUr PRINCIPAL MERIDIAN, AI SO IBM RECORDED HEARINGS bErwEEN FnUND
MONUMENIAIKIN ALONG THE COMMON BOUNDARY WITH TUE HOLLAND H1 L L 5 At
F,IASA,LT SUBDIVISION,
2. THE SUBDIVISION PLAT 01 IFULLAND HIT LS A! BASAL n Q RF CORDED IN PI Al
ROOK 4 AT RAS k W 5 2 IN I "E O F F I C E OF r IT ER: N I I K I N COUNTY C1 ERK ANN
RECORDER,
3 . U IF L I r Y LOCAFKMS ARE UNKNOWN M M4WkYYJ
4. FDIC SUINVEYON ASSIIMFS 140 LIADII ITY U ON THE BOUND ANY MCINUMbIl
I SET HY 01HITH SURVEIVONS OF THE HOLLAND If 11. 1 1,' A Al B A S A 11 S I I B 0 1 v I S 10 N.
5. T IT E IT L I S A O f LL. E C I R I C UTILITY EASEMENT CROSSING 1015 PROPERTt SAID
I ASE MI: N I IS RECORDED IN OOOK 301 AT PAUL 090, IN THE OFFICE (A lot
virm COUNTY CLERK AND RJECONCER.
6, AL I BEARINGS AMN DISTANCES IN PARE FIT Hi ARE F R ON1 I HE BAHIA
FAMILY SUBDIVISION AS RECORDED IN PLAT BOOK Of AT PAOE 2, IN F4SE
OFFICE OF THE PI TV, IN (HOUN I Y CL E A K AND RECORDER.
K THERE IS AN TWPAREN7 ENCHOACHMENT ON THIS PROPERTY BY A14 ADOOINING
PHENNSE, THE PROPERTY KNOWN AS L OT 41, HOLLAND HILLS AT 011
H A CONSTRUCTED A FENCE THAT ENCROACHES ON THE PROPEFTTY.
8 1 HE MARIA FAMILY SUPRHVISI ON OVERI AIT (ENCROACHES) THE PROPERTY A L ON in
T HE SOUI HIF AST ARLY BOUNDARY THERE IS A GAP BE rwE I r H E PROPERTIES
ALSU AIUNn THF-SOMHEASIERLY COMMON BOUNDARY, BOTH THE OVERt AN
I PHQFJ CAP ARL, SHOWN FIG TWO N,
9, iHf U I J: 0 10 bli R RAQf 11 FOR I HIS PROPERTY REXUROLD IN BOOK 55 9 AT
KIN G I 89F l IS PHI A LANE 1110,10i THIS SURVE YCHE IS I L t4 A U L E I () t 0 ('1 A T I
ANY MFUNNIATON AHOIJ J RDAUWAY, USE, WilliFt, ATIO DEDICAIDON
TO 50fIVt YOR FINDS THE CHOY ACCESS !OR ILL? IS BY AN EASEMENT. THE im IT E SIT
EASEMENT is I iRsr REFERkNCED IN THE DEED FROM JOHNIVE L. 8. HEADLUND
AND ALINE Ch HICIAGLUND LET RON A. TIMROTH, RECORDED IN Ill 23G AT PAGE M1,
OESCMIEVIED AS "AS PREJSL',,.NTLY SITUATE AND IN PLACE AMR EXTENDING FROW1
SIAM IHG"VVAY Ni) 82 NORTHEASTERLY ALONG THE EASTLRUY SIDE OF A rRACr
CONTAINING 9 04 ACRES MORL ON JESS, CONVITILICUS 70 THE PROPERTY
HURLINABOVE DESCRIBED! THE PROPERTY smorwill HEREON WAS A PART or THE
DISCHILO D PROPERTY. RON I 1AMR0114 '"O) t") TO EDWIN KNIRI, BERGER AND
ANNI KNIRL fit ri THE PROPERTY SHOWN HERECIM, CONVEYINE; ON DEED RECORDEI)
IN ROOK 215 A: PAGE 434 vHF DEED BID NOT LIST THE ACCESS EASEENVENT
PHIL DID GONVEY ALL JIM APPURFENANCES THAT WENT WITH EVIL PHOPERTY.
THE KINIPLOrROW SOIM 10 OOUCLAS L. HAGER, ACAIN (A)INIVENENNO TIAP APPUFO
TENANCrS ON DIED 509 AT PACO. SEE ALL DEECS MAY RE POUND IN FHE NvCR',',F
OF THE CFrKIN COUNTY CLERK AINIO RItCORDERI
IMS 5URVLY DOES NUI CONSTICUTE A TITLE SEARCH BY SURVEYOR TO DEIERNINE:
BOUNDARIES, OINNERSHU4 OR EASEMENTS OF RECORn. 1515 SUNVEY 15 THE
LOCATION AND fJ�'3rACHJSrNLi ON I HE GROUND OF TIME PROPERTY AS DESCRIBED
ON THE,DkED RECORDED IN ROOK 559 AT PAGE 997 IN THE OFFICE OF THE
PIFMN COUNTY CLERK AND RECONCER.
SURVEYOR RELIED UN THE TITLE INSURANCE POLICY FRONT ASPEN 11 1 Ir 1 P C()RP.
ORATION, LITTLE U 9 A INSURANCE C:ORPORWnON, POLICY All 014725R, ORDER
NO 4UU02U OL fUR INFORMATION REGARDING ENCUMURANCES Or EASEMENWa
AND RICHrS OF-WAY AqDIVMNAL 10 IHOSE SHOWN ON I'L I f,. DEED.
12 IN19 P14OPERTY 19 SUBJECT 10 THE FCNo I Olill
(A) PIDGIN OF PnOFRIEIOR OF A VEIN OR LODE TO EXTNACI All REMOVE HIS OrINK,
(10) RESTRIXTION, C✓NfAHJl IN DEED RECICIRDED IN BOOK 270 AT PACE 430
PROVIADING NO MORE THAN 5 RESIDENTIAL STRUCTURES OF JELl
(C) A RICHI or vvky Full A LANE, OR A PORTION rHEFT(:OK
13 11 IS SUMITMOVES OnNION THAT THE INTENT OF THE DOCUMENT REC()RDENCE IN NOOK Gif'A
AT PACE 786, OF 11F G rKIN COUNTY t .ERK AND RECORDER PILES, IS ED M)NVEY
AND CORRECT THE PROPERTY OVERLAP BETWEEN THE PROPERTY SURVEYED HEREON
ABU THE HARTA FAEJ SUODIVISHI(IN,
supvtIll SMIENTUNT
1 , LOUIS o f wilvi-Till A RUCISTCRED LAND SUnVEY()U IN THE All Y A I E OF
COLORADO, 00 GOINFIRM HVIREBY IHAV THIS PLAT W49 PREPARE D FUR
DOUGLAS MAGER OF A SURVEY PERFORNIED By MYSELF ON UNDER MY
WREACI RESPONSIMLIFY, SUPERVISION AND CHECKING IN OCTOBER Or"
1980, ON THE PRDPERIY LOCATED IN VRACr 64 OF SEMFUNS 1.
6 AND 21,
FOWNSH"" 0 SOUIM, RANOE SS 'VEST OF THE SIC PRINCIPAL MERIDIAN, TO
ASCERTAIN THE BOUNDARIES OF THE! PROPERTY LIFE ii THE BOLIKOYARY
MONUMENTS SHOW11 HEREON, WERE POUND OR SET, AND AC"TTUALLY EXISTED
AT THE TIME OF SURVEY OF SAID PROPERTY. SAM MONUMEND! ARE
ACCURATELY AND CURHECILY SHOWN DIEREOM, AND ALI- 01MELINHONINT AND
DMAILS SHOWN HEREON AGE CORRECT TO THE BEST Or My KNOWLTC)GE.
0
psi III AINSM, IAA I I I
F I A AP 01 IT CONAl N JI U CIL I) I.:
ANY DEFEC If IN FNIS S
HILL, I OF ME CkCl
DO A, TAW YOD I Q'I)MAll ANY LC Ai AIJION
THIS SURVEY WIMIN THRIVE YCARA AI TCR YOD
IN NO EVENT MAY ANY AUTMN Iol UPON
A BE COMMENCED Ill INAN ME! YEArtir F10AM
I ION SHOWN FIRITA
to
P11
11111M
'a -k 'le'r, , "'e",oAC,