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HomeMy WebLinkAboutpitkin.bldg.290918300017DOCUMENT LAYOUT Certificate of Occupancy or Letter of Completion (most recent project) Permits Final Inspections Any Supporting Documents Site Plans (no architectural plans) If there are previous projects they will follow in the same order. ROAD.. ~~~ c W©rlcs_ 76 Service Center.Road._ IONS ON Aspen, Colorado 81611 PLEASE READ I,I~jSTRUCTµ„~,~,x REVERSE_ SIDE BEFORE COMPLETION ~~ ~~' ,(303) 920-5390 g y) / Fax: (303) 920-5374 ` Applicant ,[ (a _ ~ ~/9 e P ~ ?v~ Phone ~~(~"' / 3.°<~ Address ~ ~ .,~, ._,_._ ~ .., ,,.,..:-u ~.~P~:~» a.: ~,...~~~~~n,..~. Property Owner `~' ~' ~`~' Owner's Address Location/Address of Property to Be Accessed T/-! ~%~~V ~~".~~1~~'~f Located, on the side of County Road # `'. , also known „as ,,, /7 // ,r` Road a d ~ ~ ,.7, ,Y.. .:_axmx_~,..,~se,.m L~ from Milepost ~ Please provide the following information: -• ;~ r. Construction to_begin on (date) _ G~e e~'~,~+~ u~~'c.~<~/1v, ~'"°"~, Is there an existing access? " Do other roads/easements abut`praperty? B __ For agricultural access, how man acres. For residential access;' 'type%umybe~~we~l~g uni t sra .~- n., For" commercial, number%"sq. ft:`"`"o£ kiusinesse§ ,,. Number of cars and/or trucks per'day on access ,..:. w. .k<.::N,wm~s:ww~a a4'r:.uaaeviwr:.v«sw:,.~zewat.~>ci: ear, ...,. ,.. ~:°4~s'r.5d/=,'. Included with this, application will be the following documents: Driveway plan/profile~C Drainage plan w/County Rd. shown X 1041 approvals/conditions, 'Legal description/parcel ID_ Special Conditions/Provisions: t}.~~~A- ~ ~ ~Q~ a3aCC~ a m . , a~ /~,,,rµ>..~.x _. Applicant• Date.~~ ~ 17.(0 !~ 9 -. ; _ ~ i ~ G ?f~ Approved By: G'G / /C/!~z"e8tibate: Pitkin Cou y Public Works " Seri ~, - GG~i ~~~'~ „5~c 14jdr~ C~_~9-~~ _, Approved By• Date: tkin`Ci~' ty Co °ty Dev: Length of Permit: THIS .PERMIT MUST BE KEPT ON SITE AT ALL TIMES .. ~.. ».P .w~.x.a :.. ,,,. .. .,tsr,w azw. ~L ^o+x,'kams~.~ ,..,a.~.< n x~`,~x..~L ua {;~: PRINTED ON 1.~1 RcCYCLED PAPEP (Permit Fee is $~b.) ermit # //~~\ ~~~. '`'- Paid ~ ~~ ~ ~~~+ Pitk~.n county l TO JOANNA sCHAFFNER CC bUD eYLAR From: Ellen Sassano Postmark: Jun 2.8,96 3:54 PM Status: Previously read Subject: Hibberd access Message: I've reviewed the plans for the access permit.The road alignment has been changed (particularly at the upper end) from the alignment that was approved as part of the 1041 Review.I'm assuming it was changed to even out the cuts and fills? Dunno. I checked to see if the P roadcentersmthenbldgaenvelopetinraadifferentdlocationathan~thatAspthe approved, it's 20 or_30 feet lower on the slope..Other than 1041. concerns and compliance with driveway standards, my only (cont) --------------=X=====___------- ~~~~/,~~~~ j~o~ 1~~~ ~ ~ ~SC~~ ~~~ ~~5~~~3 /~~r ~ ~/1 ~P >` ~{'}/~/, (//jam ~ ~//// / ' ./L/ ~ ~ ~ , /J ~, , / ~/~/ /(N" `° _ ~ LG~~ (~T~~_..-/C~ie'..(=rc'il~ fCL.,//~i// ~-~~ ~~7.a ~~~~~~~~ iz.o~~ ~v ,,. , . .. _,~, ~ ,. ,..u. _ , r...,, . ,. ,~ z s~~, .~ , . ._. MESSAGE DISPLAY. TO Joanna Schaffner CC Bud Eylar From: Ellen Sassano Postmark: Jun 28,96 3:b9 PM '{ r i Subject: (cont) Message: other concern is visual (as seen from Castle Creek Road). If my memory serves, you won't see it from the road, regardless of the changed alignment. As long as it is not any more visible than the approved alignment and it complies with standards to Bud's ~ satisfaction, I have no problem with the variation and don't think any further Planning review is necessary.' But I'd be curious to know why it changed... ----------=====X=====___------- HMV #• f .l' CONSTRUCTION STIPULATION Hibberd Road This Stipulation, made this 1of~ day of 19q-5, by and between Lucv R. Hibberd, hereinafter referred to as the Holder, and USDA Forest Service, acting by and through its authorized represehtative, hereinafter referred to as the Forest Service. Whereas the Holder has beehissueda special-use authorization dated 9 - 2!0 - 9 S for the use and occupancy of National Forest land for the use andmaintenance. of a road,and such authorizationreguires that all construction conform with approved plans, specifications, and stipulations. Now, therefore, the Holder agrees to the following terms and conditions, and the Forest Service hereby authorizes the construction to proceed in accordance with thesetermsand conditions. 1. Construction ,oftheroad shall be in accordance with the plans and specifications set forth in exhibits 1 & 2 attached hereto and made'a part hereof 2. The Forest Service may suspend all or any part of the construction/reconstruction activities and/or revoke or terminate thee' special-use authorization without administrative proceedings upon breach of the. conditions herein. Prior to suspension, revocation, or termination, the Forest Service shall give the Holder written notice of the grounds for such action and reasonable time to cure any noncompliance. However, the Forest Service may require. immediate temporary suspension. of all or any part of the activities when the Forest Service determines; it is necessary to protect the publid health, safety; oY the environment. If requested by the Holder, the superiorto theofficer ordering the suspension, revocation, ortermination,„shall arrange withinten days of the request for an on-the-ground review of~the conditions with theHolder.'. _The. superior shall affirm, modify, or cancel the temporary suspension as soon after the review as possible: ' 3. The Holder shall cut only timber as necessary in clearing for road construction, reconstruction, and maintenance. Timber so cut shall, unless otherwise agreed to, be cut into logs of lengths specified by the Forest Service and decked alongthe road fordisposal bytheForest Service. r r ~, ,_ Construction. Stipulation Hibberd Road, Page 2. 4. The Holder shall do everything reasonably within its power to prevent forest fires and shall not dispose of material by burning in open fires during the closed season .established, by law or regulationwithout a writtenpermit from the Forest Service. 5. The Holder .shall repair fully all damage to NationalForest roads and trails caused bythe Holder in exercise of the privileges granted. 6. The Holder shall. be responsible for the prevention and control of soil erosion and gullying in the construction area and adjacent areas and shall take such preventive measures as are necessary to repair and revegetate damaged areas andto prevent future damage. 7. The Holder shall protect scenidandesthetic values in the construction areas as far. as possible. 8. The Holder shall take reasonable precautions to protect all public land survey monuments and accessories, private property corners, and Forest"boundary markers. Yn the event, that any such land markers. or monuments are damaged or destroyed, the Holder shallreestablishds reference thecornerin accordance with directionsand procedures to be furnished by the Forest Service. 9. The Holder shall maintain a. muffler or spark arrester satisfactoryto the Forest Service on the exhausts of all trucks and tractors or `other internal combustion engines used in connection with this project: 10. The xolder shall equip each gasoline powersaw at all times with a spark-arresting muffler, in good wdrking condition and'a3apted to tkiat machine: During periods of dangerous fire weather, as determined by the Forest Service, the Holder must transport and keep with 'each powersaw at all times such fire tools and portable extinguishers as specified and to take other precautionary measures as may be required by the FOrestServde. In witness Whereof, the Holder and the Foreservicehave causedthis q stipulation to be executed on this Z(o{~' day ~vy~'ken.~.b.c~. 19 IIJ. ~ ~~~n~ ~ R. .kfiBBERD VSDA~,/Forest Ser 'ce By V VETO J. ALLE Forest Supervisor ~. ~ ~ ~ , ~_ _ ., w,N, ~~1... , y, v,.,~~~,. a , ~ ..e ~z., EXHIBIT 1 tO Construction Stipulation for' Hibberd Road PLANS AND SPECIFICATIONS The road shall be constructed as planned on the design drawing designated Schmueser.GOrdon Meyer, Znc. Job No. 91098,`11/15/93, Alternative B, on file at Aspen Ranger District. --'t'~-~~. The following specifications andstandards will be met. Cut and Fill Banks ~ ' Cut and fill edges andslopesshall be rounded to blendinto the natural landform. See the attached cut slope mitigation diagram.. i Clearing _. Minimum clearing of 5 feet and a maximum of 30`feet beyond top of cut and toe of fill. Additional clearing and/or thinning of vegetation, as marked on the. ground by the Forest Service, shall be done to leave the clearing edge in an irregular pattern. Clearing slash, consisting of trees and limbs, will be piled outside the clearing limits. Following construction, this stockpiled slash will be randomly scattered overthedisturbed areas. Slash shall be placed ina manner that will help conErol erosion on the cut and fill slopes. Slooe Ratios. 2:1 or flatter - applies to both cutand fill slopes on height lessthan or equal to 5 feet; 1:1 cut slope and 1.5:1 fill slope for heights greater than 5 feet; Round the cut and fill slopes to blend into the natural landform. See attached cut slopemitigation diagram attached hereto as Attachmentl. Drainage: 0% to 8% grades - outslope 0.02 ft./ft.of road width; 80+ grades - inslope 0.02 ft./ft, of 'road .width; where fill banks occur on both sides ofthe road, the road may be crowned. Culverts. . .. Only corregated aluminum or corregated galvanizedsteel culverts may be used. ~.z. -. .,~~~. ~ . ~, w, ~.. Exhibit Y to Construction Stipulations Page 2. : Rock energy dissipators and rocked channelways shall be .installed off the.. discharge ends of culverts on all fillbanks and at other locations. as may be identified in the field by the Forest Service. Compaction. The results of compaction tests shall be filed and available for Forest Service review if requested. Reveaetation. Standards and specifications forrevegetation of exposed soil areas are addressed in Exhibit 2 to the Construction Stipulation. Standards and specifications for items not specified above shall follow the latest revision of either Pitkin Countv Road Standards and Specifications or Forest Service Standard Specifications for Construction of Roads and Bridcres. INSPECTIONS ,.; _... .. _ 1) The proponent's engineer shall request Forest Service inspection of cut and fill banksoncethe,road profile'hasbeen roughlyoonstructed..- Adjustments to the edges of the cuts and fills may be required to further mitigate visual impacts. z) The proponent's engineer shall be responsible for routine inspection of activities during the construction phase: Copies of inspection findings shall be retained. and. kept available for Forest Service review if requested. 3) The proponent's engineershall provide the Forest Service a final certification of completion,includng as built drawingsifsignificant changes have. been approved. 4) The. Forest Service may periodically inspect work anytimeduring constructionand willconduct afinal review for approvalofa) the construction of the road; b) revegetaton of disturbed areas. ~. ..~~~Uu. ,~ .~ _ ~ ~~,,.~.~.~_,. x..<, .<.. ,..~~,1=~ EXHIBIT 2 " to Hibberd Road Construction Stipulation General Revegetation Specifications Description of Work. The work shall consist of furnishing and"placing the required seed, fertilizer," mulch, and tackifiers on approximately 0.7 acres of road cut banks, fill ba.*.:s; and adjacent disturbed areas. Location. The project site is located apprbximately south of the City of Aspen, Colorado.2t is accessed bytraveing State Hwy. 82 toMaYOOn CreekROad at the west edge of Aspen: Once on'Maroon Creek Road, immediately turn left onto Castle Creek Road and continue on Castle Creek Road. approximately 7 1/2 miles to the project site... Material Requirements. Materials shall meet the following requirements or be the equivalent. Substitution of equivalent materials ahall require proof of their equivalency in writing. Seed. The kinds of seed furnished shallbe those specified in"the SPECIAL PROJECT SPECIFICATIONS. Seed shall meet the requirements ofFederal Specification JJJ-S-181. Fertilizer. The kinds of fertilizer used shall be tha£ specified in the SPECIAL PROJECTSPECIFICATIONS: Fertilizershall be free of weed seeds and shall be furnishedn new, " clean, sealed containers with the name, weight,`and guaranteed"analysis of contents clearly marked: Straw Mulch. Straw for mulching'shall be from grain crops that is certifiedfree from noxious weeds, mold; or other objectionable materials. If blower equipment will'be used to place straw; the straw mulch sha1S be inan air-dry condition and suitable"for placing with blower equipment. Wood Cellulose Fiber. Natural wood cellulose fiber mulch shallbeproduced from clean, whole-wood chips and have the property of dispersing readily in water. The material shall contain no weed seeds and shall be heat-processedto eliminate factors thaEinhbit growth and germination. The material shall haveno toxic"effectwhen'combined~with~seed and other materials and. shall havethephysical and chemical properties: ~~ Moisture content....:...... ... ..... .. ....7-13~ Organic matter (oven-dried basis )......99. 1'k minimum Ash Content..:.. :...... ... ...... .:>....... 0.9~ maximum pH ® 3'k concentration ..........:.......:4.7 to 7:O pH Water holding capacity ..................200g by weight onoven oven dry basis. . _, . , i .. ,., _ ~ n .3 ~.... h., . ,, a':i..Cxt:.3M fi+~%rrtkY~ d.rb7~,e:§'k.2 w .. x_, ~,awv A(i .„$~ »L a:, ,,.X+^6 Exhibit '1„ Pg. 2. The material shall readily blend with water and other additives to form a homogeneous slurry or mixture capable of application with power spray equipment. A color dye thatisnon injurious to plantgrowth~and that fades rapidly with exposure to light may be used. Wood cellulose fiber shall be packaged in new, labeled containers'in an air-dry condition. Tackifier. "Tackifier used in conjunction with wood-fiber shallbe Psyllium-based (PlantagoInsularis). For use over straw, wobdfibershall be added to thetackifier mix. Soil Stabilizers. Soil stabilizers shall be an acrylic polymer eitherin a liquid or solid form. The liquid form shall contain 40-60o solids.' Soil Preparation The areas to. be seeded will have been previously prepared and should not require additional preparation. Application Methods Seed and Fertilizer Hand/Mechanical. application. There are various man-carried / hand cranked spreaders, push spreaders, truck or tractor mounted or towed spreaders' available. An"even. applicationwhich meets the`per acre application rates' is required. Hydraulic application. .The seed or seed and fertilizer shall be mixed with water in the amounts and mixtures specified inthe SPECIAL PROJECT SPECIFICATIONS to produce a slurry and then.'applied under pressure to meet per acre. application specifications. Mulch should not be mixed with the seed and fertilizer. Better results are obtained by applying the seed and fertilizer first and then covering i£ with the mulch and tacker in a second` application. Straw Mulch Areas to be mulched with straw shall havetheamount specified in SPECIAL PROJECTSPECZFICATIONS appliedevenly by hand application, ~or by a` combination of blowing and handapplicaEion,followingthe seeding.` Placed straw shall be immediately oversprayedevenlywith aslurryof wood cellulose fiber and tackifier`at the rates specified in the SPECIAL PROJECT" SPECIFICATIONS to anchor the mulch. Wood Cellulose Fiber ~' Areas to be hydro-mulched shall have the amount of both the wood cellulose fiber and tackifieY specified in the SPECIAL PROJECT''S'P`ECfF'I`CA`YYO'~YS°"spread ~ ......,I evenly over the area. Hydro-mulch shall be applied in a sweeping motion to form a uniform mat at the specified"rate. Mulch once mixed with water and tackifier shall be used within"4 hours. ~~-~-~~~u.~-w " Exhibit ~,, Pg. 3. Soil Stabilizer. Areas to bestabilzed. shallhave the amounts°of soilstabilizer spec fied ~" in the Special Project Specification spread evenlyoverthe area. Hydraulically applied soil stabilizer shall be applied os a sweeping motion to form a uniform mat at thespecifiedrate.'- Care and Repair The easement holder shall be responsible for protecting, repairing, and caring for the seededareasuntl final acceptance'of work. SPECIAL PROJECT SPECIFICATIONS for Hibberd Road Order of application o£ materials. Cut Banks Step 1. Apply seed mixture and fertilizer. Step 2. Hand place or blow straw mulch OR hydraulically place wood cellulose fiber mulch. Step 3. (only if straw mulch is used) Hydraulically apply combined"mixture ' of wood cellulose fiber and Gackifier: Fill Banks Step 1. Apply soil stabilizer, seed mixture, and fertilizer. Step 2. Hand place or blow straw mulch OR hydraulically place wood cellulose fiber mulch. Step3. (only if straw mulchis used)Hydraulicallyapply combinedmxture-' of wood cellulose fiber and tackifier, . .«..« i; . .. ~ .>.,>. ~ „.ana.m ,,s,~?~.r5,~a.Lu:BGt.~v°d~5dRt z~,r,"r~~~s,+~b~'yG w~~ Exhibit a., Pg. 4. Seed. Seed Mixture: Poa canbyi ("Canbar") Canby Bluegrass 4 Poa compressa ("Reubens") Canada Bluegrass 4 Festuca ovina ("Covar") Sheep Fescue 12 Bromus marginatus ("Bromar") Mountain Brome. 10 Elymus trachycaulus ("San Louis") Slender Wheatgrass 10 Penstemon strictus.("Bandera") Rocky Mtn. Penstemon 2 Linum lewisii ("Apar") Blue Flax 2 viguiera multiflora Snowy Goldeneye 0.5 Achillea mileforium Western Yarrow 0.25 Total lbs./acre of PLS 44.75 Application Rate: 44.75 pounds/acre. Fertilizer Kind: Commercial Agricultural Fertilizer Total Nitrogen 40-50 pounds/acre. Available Phosphoric Acid 60-80 pounds/acre. Soluble Potash 40-50 pounds/acre, OR Biosol Organic .Fertilizer with the following guaranteed analysis. Total Nitrogen" 6~ Available .Phosphoric Acid 1$ Soluble Potash 3~ Application Rate: Commercial Agricultural Fertilizer to meet the pounds/acre specification. For example, with 6-10-6 fertilizer, 750 pounds/acre of fertilizer wouldbe needed to apply45 pounds/acre of Nitrogen, 75 pounds/acre of Available Phosphoric Acid, and'45 pounds/acre of Soluble Potash. OR e ~• United States ~~ Department of '~&' Agri:culture' Forest Whate River Aspen Ranger District ~ Service Nationa`I ~ 806 West' Hallam ~~ Forest Aspen, CO 81611 303-925-3445 -TDD 303-920-3246 ' FAB 303-925-5277 Reply Tog 2730 Date:. January 10, 1995 Aspen / Pitkin County Planning Office ATTN. Ellen Sassano, Planner 130 South Galena Street _ Aspen, CO 81611 Dear Ms. Sassano: Ms. Lucy R. Hibberd has advised this c>ffice that Pitkin.. County approvals (ref. BOCC Resolution 92-92) for development of a residence on the,Cora May parcel will expire this spring and that she will be requesting an extension, I recoam~enc; that Ms. Hibberd be granted an extension for at least one year and, preferably, two. The reason that Ms. Hibberd has not been able to constzvct her residence is that the Forest Service has nor yet issuFd her zn access easement to cross National Forest Land. _The proposed road has beem evaluated and the results documented in an Environmental Assessment (EA). Under our current regulations an EA must be made available for a 30 day public reviewand ccmmentperiod, Our projected date for mailing the Hibberd Road EA to interested parties is February 1, 1995. Even if someone were to appeal the Forest Supervisor's decision in this case, I expect it would be resolved and that construction of the road could begin by about June 15 at the latest., Because of the volume of business at Aspen Panger District and time zequired to process road constn~cton requests, other applicants probably will need to request extensions for their PiLkin,County approvals. Please call A11an Griaishaw at this office (925-3445) if there are any questibna. Sincerely, ~ ,.,.~ ~,.,,..o Dis rict Ranger Lucy Hibberd. ~$ Caring for the Land and Serving People GS-6200.28 (7-62) . ., ,, ~s,. ~, ~x. .,:~....„_ w„ .a-%+.~r ..~i~~:..nz~.ds~are~°au irw.wrara,~sam.a.,~ :' - FS-6500-89 (6/92> '!~ USDA .. <~ .~,. - - Forest Service .,.,~ , ~ ~` 1. Date of Issue ~ ,..~~~_,_ , . B] LL FOR COLLECTION I OCTOBER 3, 1995 ~ ~ ~ ~ V y or check /~ Please send mone order, bank drafi ~"- ~ ~ ~ ~~~~~~~'~'~'~~~~~ - - -- ~ ~-~~~~~ ~~~~ ~-~~~~~'~~ "'°-~~~:.; 2. Issuing t~ffue Ad~"ress ~~\ payable to:"USDA-FORESTSERVICE at, the following address: //~ // ROCKY MOUNTAIN REGION... FILE $37654 _ ~ \\~ Aspen. Ranger District ,.,.. ~/ 94160-1654 P.O. Box 60000, 'San Franeisw, G \~ Aspen, Colorado (A pre addressed envelope is enclosed for your convem ence) ~ ~ _ . r c+^L, wi .. e. ._ rc ....,.r xYiy -~.P 5Yi'".n.. .P., ~ FOR INFORMATION. Please pa 1.1 LUCY HIBBERD - - or write 327 SOUTH 7TNSTREET to the issuing bffice address. ASPEN, CO 81677 ' DO NOT send pprrespondence or I_ _~ change of address with yourpayment. I ---> FOR PROPER CREDIT. be sure to. inc [ude aedpy of this Bill . with your payment <--- 10/3//95 to 12/31/95 Annual Fee for FLPMA Private Road Easement, Cora May Parcel Pitkin County, Colorado. S 45.00 ;. 11. Remarks ~ 72 Forest Service Account inp Data TRANS. ~ MANAGEMENT'S OBJECT ~ AMOUNT INITIAL BILLING - ENTER INTO ANNUAL.,.. _ _ ~ CODE ~ CODE/FY ~ CLASS BILLING SYSTEM. A ~ 898317 ~ ~ S 45.00 TOTAL ---------F ~ 8 45.00 ..... _. ..~ ., u, .;d«, v:.. -s,..r~:.~.ec~„...w,.m;;~,..,..r,~.~r~t~~.~av~vaaww~c~r~,w"vaau ~ ~ ~\ Note: Payments not received. by the due date are subject to a LATE PAYMENT CHARGE at the, rate published /~ ~`t\ by the. Department of the Treasury unless a different rate is prescritiedby contract oragreement. //~ ~// Postmarks are not. honored. ,ADMINISTRATIVE CHARGES may also be assessed. An additional bY. PEIULTY \\~ ~. . ~/ will be. charged for payments over 90 days past due. (Authority: Debt Collectiorv Act of 1982.) \~ i i f~ ~ Cong:Dist. ~ Latitude ~ Longitude N... ~ 0 3 I 3 9-0 5-2 2 1 1 0 6-4 9-5 7 ~ ~ a THIS EASEMENT, dated this Z~*S day of 0w~el 1995 from the United _.. ,.. a States of America, acting by and through the Forest Service, Department of Agriculture, hereinafter called Grantor,~to Lucy R. Hibberd, a resident. of the .w.3,...,_ v State of Colorado, hereinafter called Grantee. WITNESSETH: WHEREAS, Grantee has. applied for a grant of an easement. under the Act of October 21, 1976 (80 5tat. 2743; 43 V.S ..C. 1761), for aroad over certain lands or assignable easements owned by the United States in the County of Pitkln, State of Colorado, and administered, by the Forest Service, Department of Agriculture. NOW THEREFORE,Grantor, forand in consideration of the payment of an annual use fee paid by Grantee does hereby grant to Grantee, sub3ect to existing easements and valid rights, a nonexclusive easement for use of a road, along and across a strip of land, over and across the following described lands in the County of Pitkin, State of Colorado: T 115. R.84W.. 6th P.M. Section 18 T 115. R.85W.. 6TH P.M. Section 13 The location of said easement is shown (approximately) on exhibit A attached ,, ,. ~.,. hereto. Said premises are more specifically described by a centerline description contained in exhibit.B attached hereto. Said easement shall be 15 feet on each side ofthe centerlinewith such additionalwidth as required foraccommodation and protection of cuts and fills. If the road is located substantially as described herein, the w- centerline of said road as constructed is here3iy Seemed accepted by Grantor and _... .s: _., .,. . Grantee as the true centerline ofthe easementgranted..~ ~ ~~ W.. .. :,. », ~ ..-;s+ M,..,r,.w,P~aa,:s..ucr»az.Pts~,w"~1&tA?~'z°~"c~sw`:}~wFdw«wtzi sa~ck6w;"s&n`k .. ,. _FS-2700-.97 (01/93) '. OMB No. 0596-.0062 (Expires: 06/30/96) II. S. DEPARTMENT OF AGRIC ~~ ~""`~ ~"~` ~"'""`~ ~ ._ _.. ULTLTR~ Holder Igo. ~ Issue Date ~ Expir. Date ~~ Forest Service ~ _ _ _ _-_ _~ Q `i/Z vj`i 5 ~ _ _/_ _/_ _ ~ ~ ~ Type Site ~ Authority ~ Auth. Type PRIVATE ROAD .EASEMENT ~ 7 5 2 6 7 6 0 0 1 0 ~ ~ Act of October 2.1, 1976 Region/Forest/District ~ State/County (PL 94-579); 36 CFR 251.50, et seq~ 0 2/ 1 6/ 0 1 ~ 0 8/ 09 7 COO3g.Dist. ~ 3at~i t0uc~e~ ~ ~~ Longitu3e~~ ~~ ~ ~~ _ 2 2 ~ 1.. 0 6 4 9-5 7 a z .. v.x :~ _.Wi s,. r_k r, w.,. ~. .. '-s .,~..: THIS EASEMENT, dated this Z~*~ day of 2w~21 199 ~, from the United States of America, acting by andthrough the Forest Service, Departmentof Agriculture,hereihafter called Grantor,; to Lucy B. Hibberd, a residentofthe Stateof Colorado, hereinafter called Grantee. WITNESSETH WHEREAS, Grantee has appliedforagrantof an easement under theACt of _, October 21, 1976 (90 Stat.. 2743;.43 U.5'.C. 1761), for a'road overcertain lands. or assignable easements owned by the United States, in the County of Pitkin, State of Colorado, and administered by"the Forest Service, Departmeht of Agriculture. NOW THEREFORE, Grantor, for and_ih consideration of the payment of an annual use fee paid by Grantee does hereby grant to Grantee, subject to existing easementsand valid rights, a nonexclusive easement for use of a Yoad; along and across a strip of land, over and across the following described lands in the County of Pitkin, State ofCdlorado:. T.11S., R.84W., 6th P.M Section 18. T.11S., R.95W., 6TH P.M. Section 13 The location of said easement is shown.„.,(approximately) on exhibit A attached hereto. .Said premises are more specifically described by a centerline description containedinexhibit B attached hereto.. Said easement shall be 15 feet on eachside of the centerline with such additional widthas required for accommodation and protection ofcuts and fills. If the road is located substantially as described herein, the centerline of said road as constructed~isherebydeemed acceptedby Grantor and. _~ ..n.,w ,._ Grantee as the true centerline of the easement granted. a..~~1 ,. ~ ~ ..vt .A <.. ,.m-asa ,._s,a~.<,»,c«e.w!Yw.~+',v~a~'uw1'eG~„~a..a..:w~kroo...K,,.w:~e%u~ FLPMA Private Road Easement, Page 2 Lucy R. Hibberd, Grantee. This grant is made subject to the followngterms, provisions, and conditions applicable to Grantee, its permittees, contractors, assighees; ahd successors in interest. A. Grantee shall .comply with applicable Federal or State law and shall comply with State standards for public health and safety, environmental protection, and siting, construction, operation, and maintenance of or for rights-of-way for similar purposes, if those stahdardsare more stringent than applicable Federal standards. s. The rights herein conveyed do not include the right to use the road fora., access to developments for. short- or long-termresidential purposes,unless and until the Grahtor and the ..Grantee. agree upon traffic control regulations, rules, and other provisions to accommodate such use of the road. C. Upon chahge in ownership of the land or facility served by this road, the rights granted under this easement may be transferredto the new owner upon written notification to the. Regional Forester ._ _ D. This easement shall continue for as long as needed for_accessto. a _... residence on the. Grantee's landserved,by thisroad.Provided, that the Grantor shall review the terms and conditions of this easement at the end of each 3o-year period from the date of issuance, and may incorporate in the easement such new terms conditions, and stipulations as existing or prospective conditions may warrant. These shall have the 'same force and effect in the future as if incorporated in this grant. E. A1L construction or reconstruction of the road shall be in accordance with plans, specif ications,and written stipulations approved bpthe Grantor prior to beginning such construction or reconstruction. F. Grantee shall have theright to but timber upon the easement area to the extent necessary for maintaining the road. Timber so cut shall unless otherwise agreed to, be cut .into standard log lengths or other products as specifiedby the authorized officer anddecked_along the roadfordisposal by the owner of such timber. G. The Grantee shallmaintainthe'.right-of-way clearing by means of chemicals only after the Grantor has given specific written approval. Application. for such. approval mustbe in_writing andmust specify the time, method, chemicals, and the exact portion of theright-of-waytobechemically treated. H. The Grantee shall provide maintenance so that thereisno damage on adjacent-NationalFOrestland. The Grantee shall. construct and maintain lead-off drainage and water barriers as necessaryto prevent erosion. . ~: ,. a .; . ~.,:.. . ~ z v ,wc~.alia~L qa>..~rta? .. , . ' ow.a c.~a:a .h~ FLPMA. Private Road Easement, Page 3 Lucy R. Hibberd, Grantee. ' I: Granteeshal 1. pay annually in advance a sumdetermined by the Forest Service tobe the fair market balue of £he use authorized bythiseasement.. The initial paymentis set at 45.00 for the remainder ofthe calendar year. Payments. for each subsequent dalendar year°sha11 be the amouht of 45.00 " adjustedusing the Implicit Price Deflator-Gross"National `Product iri$ex ., (IPD-GNP),brother factor selected by the Forest `S ervice, to re f'l ect'mbre nearly the current fair-market .value of the use. At intervals to be determined by pertain changes in theindexee"used £o"establish the linear~~~riglits=of-way ~~ fee schedule, the fee shall be reviewad and adjusted as'necessary to assure that it is commensurate with the value of the rights and privileges authorized. Failure of theGrantee to pay theahnualpayment, latecharges, or other fees or charges shall cause the'easemeht to terminate. Granteeshall pay an interest charge do any fee amount. notpaid by thepayment due date. Interest shall be assessed usingthe most. current rate prescribed bytheUnited States Department of Treasury Financial.Manual (TFM=6-8020). Interest shall accrue .from the date thefee payment was due. In addition, certain processing and hahdling administrative costs may be assessed in 'the eveht the account becomes delinquent and added to the amounts due. A penalty of 6 percent per year shallbe assessedon any fee amount bverduein excess of 90 days from the due date of the first billing. Payments will be credited on the date receivedby thedesighated collection officer or deposit location. If the due date(sY for any of the abode payments or fee calculation statements fall on a nonworkday, the charges shall hoE apply until the close of .business of the nextworkday. J. This easement shall termihatein'the event aneasement isgranted subsequently by the United States to a public road agency for operation of this road as a public highway. K. Grantee shall paythe United States for all ihjury,loss, ordamage, includingfire suppressioncostsin accordance with existing~FederalandState laws. L. Grantee shall indemnifythe United States forahy anda11 injury loss, or damage, including fire suppression costs the United States may suffer as a result of claims, demahds, losses, or judgments caused by the Grantee's use or occupancy under this easement. M. Upon termination of this easement, theGranteeshall remove withina reasonable time the structures and improvements and shall restore the site to a condition satisfactory to theGrahtor,- unless otherwise waived..ih writing. If the Granteefails to removethestructures or improvements within a reasonable period, as determinedby the Grantor, the`Grantor may remove and dispose ofany improvements and restore theareaand'all costsshallbe paidbythe Grantee. If the Grantor waives the removal of themprovements ahdrestoration of the site, all improvementsshall become theproperty of the UnitedStates. ~,,.n.~4r,~trorc:w,w~a,a,:aa:aF.s~sts ~s~t~arz~r,m~u~.~aas ys=.,;;A~'i~a.~cxsru~ FLPMA Private Road Easement, Page 4. Lucy R. Hibberd, Grantee. The foregoing notwithstanding; this easement is,granted subject to the followingreservatiohs byGrantor~,.for itself, its permitteesJcontractors, and assignees: 1. The right to cross andrecross the road at any place by any reasonable means and for any purpose in such manneras wild not"~interfere`unreasonably with Grantee's use of the road. 2. The right to all timber now or hereafter growing on the right-of-way, g " „"~ , .,, ., Provided. subject to Grantee's ri ht to cut such timber as herein, 3. The right alone to extend rights and privileges for use of .the road constructed on the premises to other users, provided that nonfederal users , shall bear a fair share of the currerit~replacement c`ostless deprediation of the road and shall reconstruct the road :as necessary to"accommodate their use. 4. The Grantor reserves the rightto use or authorize the,use of ,the road by other Federal agencies, without cost":other`than the performance or payment`'"" as it .may elect, for its proportionate 'share of maintenance`costs." 5. The Grantor retains the right to occupy and use the .right-of-way, and to issue or grant rights-of-way for other land uses; for other than road _ purposes, upon, over,'under, and through the easement. area provided that the occupancy and use donot interfere unreasonably with the rights granted herein. 6. The right to terminate th jurisdiction and control of the r replacement easement providing~on easement shall be in thecurrent the right to use the road for,tlie this easement, subject to such tr may impose seasonably upon or req unreasonably reducing the. rights d as a Forest Development Road andissues`a "focus°erof"the road. The replacement ~. ,. ~~- ..,_,. . .. _a ... ,_.:..:.. ahdardformat,which provides the"~~Graritee" ' urpo"s es and~~for~theperiodauthorized by fic control regulations and rules asGrantor". re of other users of the road without rein granted.. The Grantor may take action to suspehd, revoke, or terminate this easement under the Rules of Practice Governing Formal Adjudicatory Administrative Proceedings Instituted by the Secretary Under Various Statutes in 7 CFR 1.130-1 .151. An administrative proceedingis not required when the easement terminates on the occurrence of a fixed or agreed-upon condition, event, or time. ..... ,... ,. e:Ywv.Jw ^~ .rvR.~1k ~ k.a w~1 xv..~,.fi}~u:}v'~xe+~.FFQ'JZ~~Fi4s?r~W~if~'R'uZ(~ii~k°aae°a dA$We FLPMA Private Road Easement, Page 5. Lucy R. Hibberd, Grantee. IN WITNESS WHEREOF, theGrantor, by its Forest Supervisor, Forest Service, has executed this easement pursuant to the delegation of authority to the Chief, Forest Service, 7'CFR 2.60, the delegation of authority by the Chief, Forest Service, dated August 22, 1964(49 FR 34283),. and the delegation of authority by the Regional Forester, RockyMOUntain Region, to the Forest Supervisor, White River NationalFores t,in letter dated May 24, 1994, on the day and year first .above written.` UNITEDSTATE O ER A By Q/ VETO J. LA~ALLE Forest Supervisor White River National Forest Rocky Mtn.. Region Forest Service Department o£ Agriculture. Y CERTIFICATE OF ACKNOWLEDGEMENT STATE OF COLORADO ) SS: COUNTY,OF GARFIELD) DENNIS J. MOULANp ~ti : o 9Tt,., ,;: ~ . ~oF ro~o~!. The foregoing instrument was. acknowledged before me this. Z~f~ day of e~ti~ 19~ 5, by Veto J. LaSalle, Forest Supervisor, White River National Forest. Witness my hand and. official. seal.,.. Nota y Public My Commission Expires !~?~w~l JaD 19~. This easement is accepted subjectto all terms and conditions. ~~^~~~ Date: , ucy Hibberd, Gran ee .u ~aa«rrxn.+>mhzmcaNSv/m:s.~:'i4n'=~nSZ;~±mtir~Sfiiv.... .. ., .,. FLPMA Private. Road Easement, Page6.' Lucy R. Hibberd, Grantee, Public reporting burdenforthiscollection of information, if requested,' is estimated to average`1 hour per xesponse for annual financial infbrmation; averaged hourper response to prepare. or update operation and/or maintenance plan; average 1 hour per response for inspection reports; and an average of l hour for each request that may include such things as reports, logs, facility and user information, sublease` information, and other similar miscellaneous information".requests: This includes the time for reviewing instructions, searching existing data sources, gatheringand maintaining the data needed, and completingand reviewing the collection of information. Send comments regarding this burden estimate gravy"other 'aspect of thisgollecton ofinformation, including suggestions for reducingthis burden, to'Departmen.E of Agriculture, ClearanceOff icer, OIRM, AG Box 7630, WashingtonD.C. 20250; and to the Office of Management and Budget, Paperwork'Reduction Project (OMB# 0596-0082), Washington, D.C. 20503. ' ~.~ ,-.,,a-ar~r~,,~r.,~~Y.'~'a'~s'~`~su~~mw.~+a%~caa;~Y~t.n2~a~ .., .,,. .. ,. ... _. EXHIB2T A T .11S. e.-„ bb gC ~~ ~ Q.~oP /~ //~~ //~~~~ // ~~ ~~ ~~ ~~ NORTH ".... Lori A. Haug ~I V~ ce x Scale (miles) 0 1/4 1/2 1 LEGEND _________=_,___= Existing Roads ----.------------ Section Lines 1'73 Forest Service Road Number Approximate Section Lines. and Property Boundaries. 'iaD Cep.. rc,.-.~ ~ S" T* C _ S P R C Mme.. A-..~oo v4~..a ,... .. ._ , r..<<. .vE .wl .. ~ ^e.;t .~, s ~.~k;n:;.~ 'as+N,..., sae:. 2..~ ~S ti+a=,kvx~!t ,~Y `:'.. ...+,3,._«Y..,~ti.~'ST!l.. *i?wtd?H~`m`'"i'T',~'.-0T . ~r , ;; Ahe 6th sPrinac Po Metnditon tbemg 3p feeete in rwidthhand 1/y ngu 15 ~ee ~ o ~ eo~hst of t side of the following described centerline: Beginning of the southwest comer of the Coro A/dy Mining Claim MS 6817, thence N 30'06'44" W 17.00 feet _along the west line of said mining claim to the TRUE POINT OF BEG/NN/NNG; thence S 59'53'16" W 60.45 feet; thence .85.49. feet angle ofe 6518 32~ and esubtendingg of chord bearing ~ N 8727 28" We80. g4 entral feet; thence N 54'48'12" W 29.38 feet; thence 47.95 feet along the "arc of o curve to the left, having d radius of 75 00 feet, a central ohg/e of 36'37'40", and subtending o chord beonng N 73'0702" W 47. Y3 feet; thence S 88'34'08" W 53.37 feet, thence 52.13 feet along the arc df o curve to the right, having a radius of 75.00 feet, o centro/ ang/e o/ 39'49'39" and subtending o chord bearing N 71'31'02" W 51.09 Ieet; thence N 51'36'13 "W 66.98 feet; thence 3.87 feet along the arc of d curve to the ~ighf, having o ~odius of 75.00 feet, a centro/ angle of 2'ST 11 ; and subtending a chord bearing N 50'0737" W 3.67 feet; thence N 48'39'02" W 93.67 feet; thence 9.75 feet along the arc of o curve to the left, having o radius of 75.00 feet, o central angle of T26'S8", and subtending o chord bearing N 52'22'.#1' W 9.74 feet thence N 56'05'59" W 80.54 feet; thence. 14:21 feet along the arc of o curve, to the right, having a radius' of 75.00 .feet, o centro/ angle o/ 10'51'11', ond~ subtending a chord bearing N 50"40'24" W 14. 19 feet; thence N 45'1 x'48" o ad u8 o~e50.OOnce 24.48 feet along the arc of o curve to the nght, 9 feet; o centro! angle of 28'03'09", and subtending a chord bearing N 31'73'14" W 24.24 feet; thence N 1711'39" W 22.15 feet; thence.25.14. feet along the arc of a .curve td the left, having a radius of 50.00 feet, o centro/ .angle of 28'48'20`, and subtending o chfhence~32.55 fee1t3a1ong the arc 24.87 feet; thence N 45'59'59" _ W 60.77. feet; of o curve to the right, having o rddius of 75:00 feet, o central ang/e of 24'51'47", and subtending o chord bearing N 33'34'06' W 32.29 feet; thence N 21'08'12" `W 22.96 feet; thence 28.39 feet along the arc of o curve to the left, having` o ddius of 50.00 feet, o central angle: of 32'31 'S 1" and subtending a chord bearing N 3724'08" W 28.01 feet; thence 54.25 feet on le of 44'24'09", and subtene nght, hoeing o radius o! 70.00 feet, o centro/ oio~ g the arc of o curve to thdmg d chord bearing N 31'2759" W ` 52.90 feet; thence N 09 15 54" W 63.64 feet; thence 35.85 feet along the arc of a curve to the left, having o radius of 86.00 feet, a centro/ angle of 23'53'02", and subtending o chord bearing N 21'1225 W 35.59 feet; thence N 33'08'56" W 117.12 feet; thence 26.65 feet along the arc of o curve to the right, having o radius of 50.00 feet, o central angle dl 30'32'23", and subtending o chord bearing N 1 T52'45" W 26.34 feet; thence N 02'36'33" W 34.96 feet; thence 102.20 feet along the arc of o curve to :the left having o radius of 50.00 feet, o` central angle of 11 T06'35 , ohd subtending o chord bearing N 61'09'51" W 85.31 feet; thence S 60'.16'52" w' 18.76 feet to the point of ending o point in the, right-of-wdy of Castle Creek Road whence the southwest comer of said Coro Moy Mining C/aim bears S 50' 1 723' E 1170.56 feet. . ~ 'Exhibit B Hibberd.Rdad Easement ~. Text description of theeasement.,centerl,ine. This descriF is a portion of a plat prepared by Kenneth R. Wilson, L:S". for schmueser Gordon Meyer, Inc., dated. August. 31, 1995, c at Aspen Ranger District: A.R..Grimshaw 9/1/95. .:~:~~s P~ rave:„~a,az~ «+.AK .. ~u~~~v~,„ ~. r ~~ ~,~^,~~ ~ 9 J ~ p~ ~ ri0. °l .J SP1 Y '"Q ~4 ~{1 `v \ \L~~,