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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 w. Y`-w~ 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> ;, r , 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. ,.., m, , .~~ , ti ' a - ~~ n; r~...l a ~ ar/ ate/ ~.. ~J ~\Cl_ Y. 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 ;:. n ~ , ., ,~ ~ ;, . .a ~,- . ~= _4_.._.e..,, ~._....~~_, #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. ,.. ~ . t°~ 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 ~; ~ 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$) unless. mechanical support is provided. (B) Cuts and fills, and. grading and scraping shall be confined to the minmum`area needed for construction. 3 ~n c^~ (C) Steepness of cut and fill slopes shall be the maximum _ ~.,~x. which will insure stability-and still allow revegetation. (D) Development plans shall include, reasonable but adequate .~ .~ . ,b .,.. ., . ~... control measures. Large tracts should be developed in small ~,.. workable units without leaving large areas for long periods. (E) IIse mulches or_temporary cover on exposed soil areas and _ re-establish permanent .vegetation. and install_ erosion control-measures as~ oon_aspossible. (F) Incorporate natural drainage patterns into the,. development plan. Culverts, sediment basins and other engineering measures should be used where necessary to ,.. . control erosion. (G) Soil absorption sewage disposal systems should not be placed on slopes steeper than fifteen percent (15$). 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 .~ _ a' m ;~~~ _~ .~ ,¢WF N „~ -r--- ~i -~- ,~ ,i ~~~ ~~~~ ~ S ' ~3 i y l i I ,~~<~ ~\ 1 N ( 5~-J~/~ '1 ~~~ / ~~ J%~a~X i i ~ /{/c/~ _ / !JZ /~ / ~ F V V n~ J 3 ~LL J W r~ ? m sa N p Q W \ ~e ~N O ' Z N 7 ~~ /~ ~ ~ ~~ 3 n'm \ 6 h0 \'P 1 N y \ \ ~ ~~ o ~ 6 s n' \ Y~6 Y \U1^\\\, O \ 3 `\ N Y~ ~ ~ ~ ~ `r 1 V Y \~` /~ \ u Y OQ `\ Qr W W ~ Q N ' ~ ~.d/ N'n ~~ G Ni. N i ~ ~ Z ~~ W / / b Y \ 1 `` / / N a~ ~ b /~p'O ~/ N I~~Z J4 1 QP ~ :3 ZY~~ s~ 4 ~ ry Fyn 'p~ m~~ O ~ ~1 O ~ N Y~l~p i0 w ' ~ „~o J m CC„ 3 ~o ` ~, +O M /~ °~ / r 2 " ~,~ ~~ ~~ ~j ~~p / ~ W J z ~ o a ~' ~, ~~~~" ~~ e~" as \'x JL~ .'6 m ~he4 ~ o ~_ f?. /'EL ~ E i i ryN / r ~ r /~ ~ O ~ ~ J ~b P / ~ // `/ / 9° yAb ~ ~ / ~~ ~ Z i ~ ~ ~ ,q ~ ~~~ n') S / 1 N ~ \ a Z ~ ~ ~ 1 _-- 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 _ & - _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 7 U ' o ~~ _ ~ ~~, ~+ ~ ~ r^ 3 w (O ~,J ~ Q N L a} I. $~~~~~~ 8~~s Q ~~°~~ 7` ~~~~ ~ ~ ~_~ ~ ~ ~~ . ~ i `~~~~~~~ ;_ ,, .®< 4 Y M z ~ V -~ a ~ u; O o~ 3 ~ .. I i o '~, I J F. $~ ~ (n < ~ ~ o ~~ ~Q r ER Y ~ o, A = s '' <yr ~' '. i Q ~ 0 ,_~ ~ ~/d~ mod y, w + mooo~wx.n.: x a~ ~;. _. _::., ,. ,. ~ ,. ,~-., •=Y'r fem. .v ...:: ... ..~ '.t ,..-.,k~S+~.u..Y ...,wam.w`,.x .. r...: k., FWb kb.r}"~'k v.rvR.^~J'E VF%1 F .UAY . tr,E C F ~,.,., c9 tl" ~ c~ ~ w ui ~ 3~,F`, m m * NJ ;~~ ~33-~Es Ch CV ~ :.9 3,~ ,y W t. •. ~" ~'' Svc ~q Q OF Wyl[_LJ BEAi~,S N50°45'CX=i"E '3781 FT.I •- '."i,Et.l:E j-', 1'll'C"1G"E ~°J"~ 1 FT_; - THEtdc:E a= ~~'~`~ F~r ALOrIG A c URVE TC~ Ti-IE LEFT HAVING A RADIUS Of 33.58 fT., THE C{~RD OF WNIC~a C3EARS idC:;'3°Oa'4S"E' 42`4 FT: '~ r.+Et/._E 5~°39' 30"E 8:03 FT , TuErJCE SGO°C3'a~"E Si"L 33 Ff ro a [iRA55 CAP tvtgNUMENT tv1A[>,KED FOR q. P. N° 2 OF {' + TRACT r4~ 1'.;E "F"..A~'e OF BEGINN~NG~ 't_,~C,tt-'T A PARCEL c~F LAND DESIGNATED PARCEL 30 SITUATED IN TRAG'l- 55 IN SAID SECTION .. ---_ r. i~ 1"~k[ F~.1~'.~ DES~RI(3ED a5 F,~L~OWS. BEGINNING AT A PiDINT W4-IENCE A BRASS ~ v' :ar to ,tJUr~1Et~1 rv~AaKED Fc:)R A P N° 2 OF TRACT ~4 BEARS S41° ST' 3t"E 614.2SFT.,~ Tutr~c:E Sc,~,°a0'ch?' E ~~~ ~3 FT ~ ruENCE Nl5°oo~W 21o.Og FT., THENCE Ni0°'50'24"'W "I~NFT.; `HENCE. h~4S"34';Y~"E 1329.3FT.~ THENCE SCoS°42'ICo"B il'1.04 FT. TO "LIE '7pIr.T ,~F 6ECUINNING, CONTAINING 086 ACRES MORE OFl LESS, AND ,~,; E_,Cl fi't' 1 a t'AkCE~ c~F LAND DESIGNATED PARCEL 3{ SfTUATED tN TRACT 5S 1Pj SAID'SECTipN ,17' ~`~~ i.t.:'hE FULLY DESCRIBED AS FO~LGWS BEGINNING. AT p FbINT WHENCE A BRASS CA1~ MbNUIvtENT iJ1Ai-tKEC FOR A.1' N°2 c%! TRACT G4 BEARS 541°5l'31"E Co14.2?~FT,, T~+ENCE N87°29'05"E 15140 FT ;THENCE 51.31 FT ALONG ACURVE 70TNE 4EFT ~ ~' .;a'i ItJG ' A 'rAOI'JS OF 313 14 FT , Tl-IE CHORD dF Wt-11CIa BEARS SOS°3°1' 25"~ 5123 FT, ; ~ i Tu6r,. E: U ~? 59'':,o"E ,=,y 35 Fr T4JENCE SCo 54 FT. ALONG A CURVE TO tUE~ R~1-1T' ! ~;'j i .vA`:IN,~ A R4D~US Gf 2J 25 Fi , Tt~E CLIORp Of WNiC1.1 BEARS S4Cc'O'3~'W„ ~I4a.°~3 ~'T ~,~j ~ ~;r`' TNEr1CE ?~1".S°rx-~~~,V t5ci.r~4 FT TtlEtJCE iv QS°40'00"W loPr'.~3 FT. `~oTNE P01NT qF' BEC,,INNING, UJNTAINING O.$4 ACP,ES MOgE OR~IESS; ~. ' } ~ r ,~i ' ~° ,~ :~s -iE DESCRIBEV PgPGEL OF LAND CONTAINS 50.50 ACRES MORE OR LE55} e I y~ ;~; ..Vd"e x~ NE RE BY SUBDIVIDE SAID PROPERTY ..AND DESIGNa~E TN£ ~aAK(IE AS HOLLAND ~171L, S~~q`E`~,a r~,,~~ BaSALT_ IrJ TuF CouNTY ~?F PITKIN AND STATE OF COLORADO, AND WE NERE6Y StAT AN~C.E., 1, j ,~" FY AS FOLLOWS ~ , I (~~ ~ !~ t ~ t::~t N1E I-1AVE CAUSED T<aI5 PLAT TO BE MADE ~ AND FILE. ~ } ~, ~ ai-` ~ ~~ ,~~ `L TF;AT WE uAVE ~/-\IhED THE A~7VE DE5~',,R18ED t{EAL PROPERTY TO BE 1.~1b~71Y~',P~1T~ ~ t,a~;-,; 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~` '~~'~{J{~~~,~~ t~ ~.f~~V'bi.{~W '~~1M~v'vi.• d ~A ~ ~ ~ x„~ n .~.~Np ~ILL~r~t ~'~T-I~ ~T ~o~ a. ~InnROr~ ~Y~~`;: P i~ 7 j r Sao 44 ~ _ ;_~~ , ..\i79s ~ ~ .M~~ rLp4RE v N `i `j , _ 'P~ ` , c' Q' ~ ~ ~~ `'~ S~ 588°35'42 S X300 ..M~i° 3 2'f ~s~ v3° F 2 E q a6 t. i"J -. 43 J t3~ A.:'RES j ;' ~~\ Sti 36 ~~ ~~'~..O.roP,lx.RES 2US ~t,~ .. ~, ti~ ~1°C II ,...rulS r Cv1ROTN, u15 tNCY'1N FACT. ,~ iY ~ ~2~ O C 8~ RES }s~. ao. ~o .S ~ Ory~ i0 ~°p ~'~ .~ ~~' ~> ~~ c 0.4 ORES 38 wl r~E rAE i lllS O.G;SACRES N o ~s 2 q v ~~ fJ N se z ~ ,. _._ _T_ ryi~ , ~ry f P~ ~~ O~~ \~ cnR' ~~ R=6p' V~ roMMCt.I ~~c, `~ U ~C, ~~ ti~ J~ ~~ i R„ 41 \ '' 2~„ o~eA~Res ~ F i ~ ~ `~ ~ _ ~ .. ~ "~ ~~ 1SIuTlI~tT`( r/~ ~o -c ~~ P~ zs~ ,-~ g s ?R /Sc' 6 ,i,45RE;\ .,"4 , ~OO v '•. 0°~ ~~ ~' ~ 40 ~ ' ~ s 0.91 ACRES 9 3 ss. 8'L ACRES ~ ~- ~.vt?a~-s.gw. ~6 ~/ ,e,, 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$~34t>AM5 Filed for Record at 1:1Q 0"clock P, M, May 1, 1969 - .Reception No 135177 ggy E. Miklich ' a BOOK~~U PAGE~I~~ MEMORANDUM OF CONTRACT OF PURCHASE AND SALE THIS INDENTURE, and l:nni ;Cnirlberger~ A Buyer, WITNESSETH The parties hereto have this date entered into a contract of purchase. and sale wherein 'Seller agreed to sell and Buyer agreed to buy the following described real property situate in the County of Pitkin and State of Colorado, to-wit: i:ll of Parcel ~f58 of the ?Tolland ?'ills hevelopment~ situate 3n Tract 55~ Sec. one and ~ Range 86tT, Township 8 ',oath of .the 6th Princibal h?eridian. accordine to the certified res a at and'for the consideration therein stated. The sai3 contract of purchase and sale further provides, among other things, that warranty deed shah be delivered upon payment in full of the purchase price which shall be on or 'before P~tareh 19 19 70 and that the use of said property shall 'be restricted to three residential structures whicF may be ein~le farzilP or duplex or a,co:nbination of the two IN WITNESS WHEREOF the parties have hereunto set their hands and seals the day and year first above written. TIMROTH" EN~TE/RPRI n Ron A. Timroth Seller STATE OF COLORADO. ) ss. COUNTY OF ) ;'t ,,`. ~`'~ ~•• rThe,abov and foregoin instrument was acknowledged before isi' . , -~ me- this .? !.%:~day of _~a~~~ 196, by Ron. A. 'Timroth, d/b/a% TSMROTH ENTERPRISES, i-~`. M~,,.'commission expires: '~~. Q~_,Evb~„~-. ~i'7.a __ .,yam=1 ~ ~^4~ NOTARY PUII7,IC F ~ ,.:, _ . made and entered into this tyw~fth-- day of 196, between RON A. TIMROTH, d/b/a TIMROTH Basalt; Colorado, Seller, and Erwin Knirlberger ~en,`Colorado EXHIBIT 6 ,. _ .~_.~w~ ..~ ,~~w~~ ~w, w~ ,. ~,.., ..~.~..~.. OFFICE OF COUNTY ASSESSOR COUNTY OF PITKIN POST OFFICE BOX 318 ASPEN,COLORAD081fii1 ' : ., ;. ;+ i$ '~, t~"J 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 f ...._ Irol'I nnn lel'. IMNTNII\r\itf'" A ~ ~•`\ LJ ~ ~ ~ ~~' ~ tiOCUM;MT.\q n l ~, ,, . ~. ~ 4.;n, W, .~~ •. ~'„I .~ tip... :. N N + , I\ Ilr\I I ^ ' ' I~I ~ ~ I 1 11. \1I 111 t Illci r ~. ~~~ 1 EXHIBIT 7 _........ ~ ~ ,... ~, ua . ~. ,r~.~, ~ + 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. r ,... :. ~_ 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 ~ :-r .. 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~ I r, 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 afF 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 vf:2 .:a .1. C. I": ~~ flt !:cr ~, i r r:;r (nr, l.r.:> of l h1E ~i.'t i t pr F >E.nt.: rnr ;2 s I r c{ 1f: cl a c-, 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 ~ r:)I"1 nfl r ~a.!i(:in c~.. gas I hz) <s .i tzrc~rma rt!r ,; f: ~>tll r, !. P l l1c=r !?,, ,r-ra' f!1r h l~c.,r. r r + .: .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. goo III' QlAy'v v � rI, Am' I1 Fit LX, , VAC, CORNY. R NO TRACT 64 h4 C] 10 N S I (-A 1 2 1 IDS, R86w, NMI PINNS - Ill- - 11 1 _I. - - II-11111 eNti A REASHAVIERE0 I IN CA OF COLORADO, CLICE THEREBY CONFIRM THAT ON APRIL A FAhCh L (IF I 3111WAFE 0 IN MALL 64, IN SECT ION 16 AND 21, TO'lli H SEUIM, LNAl 8,8 Vi 1 01 IHE 61L PRINCIPAI MEHHHAN, INING NORTHANESICHiY Of THE CENIFN I INE ) A !AMC, MOR1 COMFIEILtY UESCHIM0 AS 101 L0J A BI&ASS CAP MONUMLNI MARKED A It NIL V OF THAC7 FIT 8 C A RAT FI Hil" 53'40" W 38!� OH A S 0 0 1 W 40" 0 DUN 14 IF El TO A BRASI CAP MONUMENT NIANKE U 1 0 R A N,. INTO 1 0 P NA I U I R ACT 6 4 G, 0Jt`i khINAI N I I AND OFFICE MO NUM EN4 1414 CE SNYtH 24CLOO IFLI� I blity THENCE It," no PH" w, 16vwn P In r I At I= CENTER I I NL OF YALE LANL T H I N C A I 8qu S 4' P I" W, 5 7 . 6 7 t V E I ALONG rm k (3: IN r E R LINE 0F' SAI 1) LA NIL VMLNCL 13110 3 4' IN *4 50.80 FEE r NIL ON C THL CIE FIT E R I INE Or SAID LANQ THENCE 112 or 5' P 6" 'At, 1 6' ? Y4 AI A I Al ONU INE Cill L A; I I Of Or SAA IS LANE TUC= M a Nay"''" I I' S JA' W, So6 I I?," E I L I ; 1 4 7 ? TIT A THENCE N" R I) d 50" VV, 1 31 41 1 CE r, ... ... . vl/Ru 0 N, I"LNCW K A, c� T, N4 8: " m I I L , lh C) Y , F r r LAND SURVE7 PL Kr COMPMES WITH SLCf ATI 3H 51- MY , COLORADO REJ D THEN,") v; c pox 1 9, o9l" IN;, I (j 1) 4N v " 1: 1 At AiNly I IF I N of N ',c"'.^1(. P W vq 92.57 1 0 L t 10 iHE POMI OF EILMINNING, J: 1 5 / 8 Al 0 W I l H PI Alf'"! goo III' QlAy'v v � rI, Am' I1 Fit LX, , VAC, CORNY. R NO TRACT 64 h4 C] 10 N S I (-A 1 2 1 IDS, R86w, NMI PINNS - Ill- - 11 1 _I. - - II-11111 eNti A REASHAVIERE0 I IN CA OF COLORADO, CLICE THEREBY CONFIRM 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 DRAWINU AT THIS TIME. Y, c#aJ .. .......... '4J E \7­ LL AV G, 0Jt`i khINAI N I I AND OFFICE MO NUM EN4 Iii I blity A A4 vuA All[ . . I ...... ........ . ... . ... ... .... FIELDS= 1i6% DAY OP 19 %A 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 illt 1 4 7 ? TIT A SURVEY Al PAGE RECEPTION N U N1 BE If ... ... . vl/Ru 0 N, C (I P IIAl D III LAND SURVE7 PL Kr COMPMES WITH SLCf ATI 3H 51- MY , COLORADO REJ D At AiNly SIAMIRS, I n S, El Ii N, v", (I Pi I, CA L'A" 7 J: 1 5 / 8 Al 0 W I l H PI Alf'"! CAP MAJ Willi ,Y, c 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 N,eNR ANN, SAO", IN', Axl",IAIJ ry 21 41 ) A1 ll ..h Y Y x. Mi ill j, A, I APO IN Ay AT B A S AA Al, "Ni 41) L. 0 T 4 1 goo III' QlAy'v v � rI, Am' I1 Fit LX, , VAC, CORNY. R NO TRACT 64 h4 C] 10 N S I (-A 1 2 1 IDS, R86w, NMI PINNS - Ill- - 11 1 _I. - - II-11111 eNti Ace 6 M% Q AA I PAm`JJ I, u 0 L. L. 4% PN D 1`11 Ll. U:i I B A 93 At 1-1, "Ib TAY ( \I^ 1 ANE I I P111101, IA NJ 0 �I_ ,, , I '1t R ^.. 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'4J E \7­ LL AV G, 0Jt`i khINAI N I I AND OFFICE MO NUM EN4 Iii I blity VIA vuA 11f VNI I I FIELDS= 1i6% DAY OP 19 %A 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 A 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 Ace 6 M% Q AA I PAm`JJ I, u 0 L. L. 4% PN D 1`11 Ll. U:i I B A 93 At 1-1, "Ib TAY ( \I^ 1 ANE I I P111101, IA NJ 0 �I_ ,, , I '1t R ^.. INTO 'LT,S T mill; nnu vA 5 TJ hot it V1910011111, IRE1,1111IN IT 11"111111 JIM 111111 1 IT, � J11, - InFild"Filijup 16011"1 P"'116d an Ali/ 0, INGRESS AND EGRESS EASEll fi A IN""Ej 1Z, CIS AA J, VIA, I I :�� 1 1. p6P19!nRuuu .11 0 "I E kr I) c' ,,yet ' 2 1 Am As so ,)1- 01 INRI X AS % . - 4 W, A 'I RAVF I 1:A0 WAY OR LANC HUR,ill scau may.. ATn �LLFF.�I,EAT L mRI_tEEVL5,14Nq (:1T%wF 3 0 0 1111 ITINAL N LIT'i 1�� 41111 0!, 1 1 bOk 411 FILITIT, i0i (IT I Inow 1 h IN111111) I ir ( to,) E1111111111, i S ECT 10 11 S 16 Ef "T 13 S Fit 116 VY co f t h e 1, LOOM H. SUE1 LNOt 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 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. 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, 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,