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Land Use Case.Harvey.A 126-00
2735-024-00-004 A126-00 ---� Harvey Subdivision County Referral c R IP • CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY A 126-00 2735-024-00004 Harvey Subdivision County Referral 1100 Stage Road James Lindt County Referral Connie Harvey Sunny Vann 10/31 /00 Comments Returned to 10/31 /00 J. Lindt Ir • PARCEL 102735-024-0001MUMMIrL, DA--�E, CASE NAMEI Harvey Subdivision County Referral I JIML- PROJ ADDR: 1 1100 Stage Road CASE TYP: I County Referral OWN/APPIConnie Zve; ADR11100 Stage Road— CISIZ: I Aspen/CO/81611 REP: Sunny Vann ADR:1230 E. Hopkins C1S/Z:j Aspen/CO/81611 FEES DUE: Non; FEES RCVDJNone REFERRALS MTG DATE REV Ij Z t'CLOSED: REF: BYJ ;tom PH NOTICED DATE OF FINAL CITY COUN PZ: BOA: 7--7 DRAC: PLAT (BK,PG):f— ADMIN: 126-00 i/c"o MEMORANDUM TO: Suzanne Wolff, County Planner FROM: James Lindt, City Planning Technician UL THRU: Joyce Ohlson, Deputy Director-A'o RE: Harvey Subdivision, Conceptual PUD, 1041 Hazard Review, Special Review, GMQS Exemption DATE: October 26, 2000 The City Planning Staff reviewed the Harvey Subdivision/Conceptual PUD application and had the following concerns: Staff recommends that the County require the applicant to place a conservation easement on Lot 3, north of the existing building envelope. The 2000 Aspen Area Community Plan Future Land Use Composite Map identifies Private Land with Conservation Value. 2. Staff requests a fisherman's easement be granted along Maroon Creek. 3. The applicant should be aware that the existing access easement encumbering Lot 1 of the West Aspen Subdivision negatively affects the allowable floor area. 4. The applicant is required to enter into a Water Service Extension Agreement with the City of Aspen as outlined in Section 25.12.020(b) of the Municipal Code for Lot 1 that will be serviced by municipal water. 5. Staff recomends that the County hold Lot 1 to the dimensional requirements of the City's R-15 Zone District as was stated in the City referral comments on this parcel when it was reviewed for a 1041 Hazard Review in March of 1998. 6. Applicant understands that Chatfield Road runs into the very popular and highly used Golf Course Trail. a. The existing trail begins at the end of the driveway of Lot 2 of the West Aspen Subdivision. The applicant will be required to extend the street to the south edge of the new driveway. i The new road extension must meet City Street standards and be coordinated with the City's Streets Superintendent. A City right-of-way permit will need to be acquired. b. Access to the trail must remain open during construction or a safe detour provided. c. Any damage to the trail must be repaired according to City standards, including possibly asphalt overlay and back filling the edges of the trail. d. Street signage must clearly show where street ends and trail begins. e. The safety of the trail users, accessing the trail during construction from Chatfield, must be accounted for. Flaggers may be required if safety conflicts arise. Thank you for the opportunity to provide comment on this County application. Attachment A: March 1998 City Referral Comments on Harvey 1041 Hazard Review 9 0 .4 r AgcCkme4 MEMORANDUM TO: Suzanne Wolff, Pitkin County Planning Department FROM: Christopher Bendon, City of Aspen Planning Department RE: Harvey Property 1041 Hazard Review DATE: March 18, 1998 The City Planning Department has reviewed this land use application and has the following comments: • The applicant is required to enter into a Water Service Extension Agreement with the City of Aspen as outlined in Section 25.12.020(b) of the Municipal Code. • The applicant should be aware that the existing access easement encumbering Lot 1 of the West Aspen Subdivision negatively affects the allowable floor area. • If in the future a separate lot is created for the proposed residence, the lot should be designed in conformance with the City's R-15 Zone District. • Applicant understands that Chatfield Road runs into the very popular and highly used Golf Course Trail. • The existing trail begins at the end of the driveway of Lot 2 of the West Aspen Subdivision. The applicant will be required to extend the street to the south edge of the new driveway. The new road extension must meet City Street standards and be coordinated with the City's Streets Superintendent. A City right-of-way permit will need to be acquired. • Access to the trail must remain open during construction or a safe detour provided. • Any damage to the trail must be repaired according to City standards, including possibly asphalt overlay and back filling the edges of the trail. • Street signage must clearly show where street ends and trail begins. • The safety of the trail users, accessing the trail during construction from Chatfield, must be accounted for. Flaggers may be required if safety conflicts arise. ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5090 FAX (970) 920-5439 MEMORANDUM TO: Attorney Zoning Engineer — hourly Env. Health — hourly CSFS CDOW Wildlife Officer Aspen Fire City Planning City Water Aspen School District CO Division of Water Resources FROM: Suzanne Wolff, Community Development RE: Harvey Subdivision/PUD Conceptual Submission, 1041 Hazard Review, Special Review, GMQS Exemption 2735-024-00-004 P125-00 DATE: October 3, 2000 Attached for your review and comments are materials for an application by Constance Harvey. This application will be reviewed by the Pitkin County Planning & Zoning Commission on December 12, 2000. Please return your comments to me November 17, 2000. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. THE CITY OF ASPEN MEMO FROM JAME5 L,INDT ) Z PLANNING TECHNICIAN / ( 57 AGdias -;t - �� 0 � S�cP OJT �� vo v �/ w► �� LP 4- t-w o . �( rug q m vv1go e V�, �� U bra -T)o� a (�c (q vice , �s q cc vo 130 SOUTH GALENA STREET ASPEN, COLOR.ADO 51611-1975 Co, -2-- I'VI C� Po((642- 5wcj(ev a� Z ca.vd- domo-j (�rc�ecD to cotes-l�uc�- �, y,�pf�wevl f • 571 t)A 1'� hotts,�5, V(N2CI@vvj -P-ov-,- *(a�=l C, /O(Al Id, 0 �emu(J96 (f-rmc�s "rQ j �r�Q'�IQC�Wlt2Y( U'Q�11 Q C+�I.vt p K � d�S. 1v1S ✓1 fi�J�6o In G,�V`0 � l� ouv�C — can c�i IcOn Q — MutiI ve�i��/' C 0 0 0 0 0 0 0 0 ON N N N N N N N N N N< O M N co w 00m M 00 C< O O n a� o ri N Cl) H Q N y 00 (.n N M U.)00 N a)l0 co n r Lo (O v io ,Q 2 I, — r N 00 Ol Q' 11 fC N W u") lA C) Cn r) U-) u7 l(') 'o Ln Ln X W N 0 0 0 0 0 0 0 0 0 0 0 0 W V N N N N N N N N N N N N a z w d T 2 2 2 S 2 2 2 S 2 2 2 2 W > > > > > > > > > > > > > O W W W W W W W W W W W W W 00 C O ' 7 G Irnrna r r r, M M c' Q) 0 a U U W W LL Q�iCp f�?V'Q 17jOUS� ��p�p/�� via � ) <D r) I-- Q» Cl) N N N CO o v v v IT cD ao 00 00 co n r r r- r Cl) M Cl) co Cl) 2 S 2 2 T > > > > > > J W W W W W -r---oil d�P cex LA ,cevi-a��i` d4v�} UJo V�2,wtQlU�Fb CalOIN - A E� li top V9 11'1���j / (c) Ln r- m m m N N N co O V 7 It IT to W co oo oo m m m m m �r�rnm c+) Cl) r1 Cl) m U U U U U S 2 S S 2 w w w w w Ln 0 LC) 11 0) c7 M cM N N N c0 0 0 v 7 7 7 O O co oo oo c O Cl) (D (M 0) 0) rnrrrI- tnrl m 0 d 0 d 0 U U U U U U 2 = 2 2 2 > > > > > > w W W W W W QS�tde����l1 2 or u Carp P i-o -!- Z dd'iL�ta�s (3 L � L-33� Q' ,c tt:2� coV*� O Cl) M m N N N 00 IT 0 00 V'r -T m m m m m O m m ti r- ti r- n r- (`7 f7 Ci C 1 Cl) M (h Co 3 0 U U U U U U U U U S S 2 2 2 2 S S= W W W W W W W W W A/) N11(cp L� (zd --5u�jMisrovl� /�u� lC�l r L R �a��4k�vtiaid,ia��S<i0e �tl� 7A ��� i City Com Dev Staff Meeting 10/ 17/00 AGENDA Thursday, 9 : 30 p . m . @ Combev Conference Room 1. Items for the Attorneys: Petrick Annexation -Clarify Annexation Agreement items for John to include in his document. No Problem Joe -Clarify role of City in enforcement of "representation" 2. Land Use Cases: ➢ Kaplan ➢ Savannah/Semrau ➢ Harvey County Referral`; ➢ Airport County Referral, ➢ Moore PUD Zoning Q `� ➢ 129 W. Francis 3. Other: Multi -family demolition s 6 - 6 Lo� �'�ovise�vu�'c�t� �cvseweit� LommFV(f,;-Pfc)uA Ia5 f4o koo - �ASz� r Va \/, (A �,O- 4 oo �.� p v 05; (0 V \ LA-L S> \,Q V- m 0,� cast-mvn,� cf (0�k __c Pre -Annexation Agreement BarA Ranch Paee 1 PRE-ANNNEXATION AGREEMENT BARX RANCH THIS PRE -ANNEXATION AGREEMENT ("Agreement") is entered into and made on 2000, by and between the City of Aspen, a Colorado home rule municipal corporation, whose address is 130 South Galena Street, Aspen, Colorado 81611, hereinafter referred to as the "City"; and Bar\X Ranch' LLC, a Colorado limited liability company, whose address is c/o Herbert S. Klein, Esq., 201 N. Mill St. #203, Aspen, CO. 81611, hereinafter referred to as "Landow:-er". This Agreement shall become effective following execution by the Landowner and upon approval by the City Council of the City of Aspen evidenced by a duly approved resolution and by the execution of the Agreement by either the City Manager. Mayor, or Mayor Pro-Tem. RECITALS AND REPRESENTATIONS WHEREAS, the Landowner represents that it comprises 100`I of all owners of a parcel of land commonly known as the Zoline Ranch, being more particularly described in Exhibit A appended hereto and incorporated herein b,. this reference ("Property Proposed to be Annexed" or "-/X Ranch"); and WHEREAS, the Property Proposed to be Annexed is more char. /6 contiguous with the existing City boundaries and is otherwise eligible to be annexed into the municipal boundaries of the Cite in accordance with the Colorado Municipal Annexation Act of 1965, as amended, C.R.S. Sections 31-12-101, et seq.; and WHEREAS, the City and Landowner believe that it is in the best interests of the citizens of the City of Aspen and Landowner that the development of portions of the City owned Burlingame Ranch and the Property Proposed to be Annexed be cooperatively planned by the parties; and WHEREAS, the Development Plan described in this Agreement and the rights granted to the Landowner hereby will assist in the creation of affordable housing, open space and a reduction in free market residential density below that which would otherwise be likely to be developed on the -/X Ranch, thus fulfilling high priority goals of the City; and WHEREAS, Landowner and City desire to annex the Property Proposed to be Annexed into the municipal boundaries of the City of Aspen on condition that all of the terms and conditions of this Agreement are met; and 1 Pronounced "bar slash eks" Pre Annexation Aereement BarA Ranch Page 2 WHEREAS, the parties hereto desire to submit a joint development proposal and application to the City's Communiry Development Department for processing pursuant to the Cirv's Land Use Code. and WHEREAS, the parties hereto desire to condition the annexation proposed herein and the execution of the Development Plan as described herein on the granting of all requisite land use approvals, following public input and comment, consistent with the City's Land Use Code: and WHEREAS, the City is a home rule municipality of the State of Colorado and is authorized to enter into this Agreement pursuant to C.R.S. Section 31-12-121; and WHEREAS, the Landowner is, in accordance with C.R.S. Section 31-12-102, legally capable of submitting a Petition to Annex in a form substantially the same as Exhibit C appended hereto. NOW, THEREFORE. in consideration of the mutual covenants contained herein. IT IS AGREED AS FOLLOWS: 1. THE DEVELOPMENT PLAN. The parties agree that the following description of the proposed land use for portions of the Landowner owned -/X Ranch and City owned Burlingame Ranch ("The Development Plan") constitutes the desired result of this Agreement as it sets forth the best land use for the Prope: ny Proposed to be Annexed and in the best interest of the City of Aspen. The parties believe that the Development Plan as set forth herein is consistent with the City of Aspen Land Use Code and the Aspen Area Community Plan. A. DEVELOPMENT PARCEL. The parcel of land, of approximately acres, to be developed is depicted graphically in Exhibit B appended hereto and shall consist of the -/X Ranch plus a portion of the Burlingame Ranch lying East of Highway 821 less the areas of Burlingame Ranch known as Parcel B (NiA.4 Housing) and Parcels C, and D (the proposed U.S. West and Ventnor Avenue Housing), the exact size to be determined during final planning and design phases. A parcel from the -/X Ranch consisting of approximately 20 acres ("20 Acre Parcel"), the exact size and location to be determined during final planning and design, but substantially in the location as shown on Exhibit B, shall be conveyed by warranty deed by Landowner to City at the time of recording a subdivision plat consistent with the Development Plan. City has inspected the acres to be conveyed to the City and deems them suitable for construction of affordable housing as contemplated herein. B. ZONING OF PROPERTY PROPOSED FOR ANNEXATION. Subject to all applicable processes and approvals, the parcel of land proposed for development shall be zoned Affordable Housing."Planned Unit Development (AH/PUD) pursuant to 2 Pre -Annexation Aereement Bar/X Ranch Page 3 Section 26.710.110 of the Aspen Land Use Code, as amended from time to time. The development application shall include a request that it include a Specially Planned Area (SPA) overlay requesting a variance in permitted uses within the underlying zone district to allow agricultural, equestrian, recreation, or open space activities, and cultural and academic activities within the Fathering Parcel. The derailed description of such uses and any restrictions or conditions concerning them shall be determined in the SPA land use review process. It is understood that no high intensity agricultural uses such as hog farms, feed lots or large-scale animal or food processing operations will be permitted. The parties acknowledge that the AH/PUD zone district is an incentive zone district to provide for the use of land for the production of category 1, 2, 3 and 4 affordable housing and resident occupied lots and units (as defined by the Aspen/Pitkin County Housing Authority Guidelines). The parties further acknowledge that the zone district requires that affordable housing and resident occupied units must comprise at least seventy (70 %) percent of the total bedroom mix in the development (hereinafter the "Affordable Housing Component"). In addition, only thirty (30%) percent of the development's bedrooms may be located within the free market units (hereinafter the "Free Market Component"). C. DEVELOPMENT RIGHTS. The Development Plan anticipates and it is of the essence of this Agreement that the development rights and restrictions set forth below shall be applied for by the parties herein to the City's Community Development Department pursuant to and consistent with the standards and procedures set forth in the City's Land Use Code. In the event that by December 31, 2001, or such later, date as may be mutually agreed upon by the parties hereto, the Aspen City Council does not approve the requisite land use appiications with terms and conditions consistent with this agreement and other conditions reasonably acceptable to Landowner, this Pre - annexation Agreement shall be deemed null and void. 1. Free Market Lots. Landowner shall have the right to develop a total of 12 free market lots, plus one ranch compound known as Lot F, the Fathering Parcel, and one cabin by Maroon Creek. The locations of the free market lots, the Fathering Parcel, and cabin site are sho%;'n on Exhibit B appended hereto. The right to bui: j a cabin shall be subject, however, to Landowner being able to satisfy reasonable requirements `or the provision of fire and emergency services; provided, however mat due to the desire to avoid direct, year round, road access to the cabin. alternative access such as via a stairway or funicular will be permitted and in such case the cabin shall be sprinklered, a fire hydrant, hoses and other nor. -vehicular fire fighting equipment shall be placed at or near the cabin and the Landowner shall execute a waiver and release of claims in favor of the City and all emergency service providers for any injuries, death, or property damage which may occur due to the absence of a year Pre -Annexation Agreement Bar.`X Ranch Page 4 round road to the cabln.shew pFepef_ he site thai 45 r t' farztai-,- ♦e the Aspen City Geuneil and the Life Mafsha 2. Free Market Lots - FAR. The allowable floor area of houses, exclusive of accessory buildings, on each of the 12 lots shall be 7,500 square feet. The allowable floor area of each house may be increased to 10,000 square feet with the purchase and extinguishment of a Transferable Development Right (TDR) from Pitkin County that may be, on the effective date of this Agreement, used in the Metro Area of Pitkin County (lands that drain through the Roaring Fork River at Gerbazedale). The floor area shall be measured by using the City floor area regulations for square footage inclusions and exclusions as calculated under the City code provisions in existence on June 1, 2000. In the event that TDR's are not available for purchase after a reasonable effort is made to do so, a payment -in -lieu, equivalent to the cost of a TDR, shall be made to the City's Housing Fund in order to increase he allowable sizes of the houses up to the maximum stated herein. The equivalent cost of TDR's shall be the average price of the last four (4) TDR's traded in arms -length transactions in Pitkin County. 3. Free Market Lots - sizes. landscaping. etc. The lot sizes within the Free Market Component shall be as shown on Exhibit B. Building envelopes and areas of potential disturbance during construction activity for each parcel shall be determined during the land use approval process contemplated herein. All urban landscaping within the building envelopes shall be limited to within 100 feet of building exteriors. Landscaping, ponds, fences, and rar.zh, farming, equestrian and recreational uses and acce-,son, structures associated with equestrian activiti:s shall be allowed outside of building envelopes on all lots. The remainder of the land shall be subject to protective covenants that limit its use to agricultural, equestrian, recreation, cultural, academic or open space uses or otherwise incorporated into ranch use. All lands that are subject to the protective covenants shall be limited to the above uses or shall be required to remain in their natural vegetative state. The term "natural vegetative state" may include the introduction of indigenous plant and tree species. 4. Free Market Lots - Accessory Dwellim. Units. Each house within the Free Market Component, other than the Fathering Parcel, shall incl..de an Accessory Dwelling Unit (ADQ with a minimum of 600 square feet and a maximum of 1,000 square feet. Each ADU required to be constructed shall be constructed at the same time as the construction of the house of the Free Market Component to which it is attributable. The 4 Pre -Annexation Agreement Bar!X Ranch Page 5 ADU's shall be subject to the occupancy requirements and allowances of the City's ADU regulations in effect on June 1, 2000. The square footage of the ADU's shall not be included in the calculation of square footag. for the free market units. The ADU's may be either attached to the main residence or may be detached. The requirement to build an ADU may be exempted with the purchase and extinguishment of a Transferable Development Right (TDR) from Pitkin County that may be, on the effective date of this Agreement, used in the Metro Area of Pitkin County (lands that drain through the Roaring Fork River at Gerbazedale). In the event that TDR's are not available for purchase after a reasonable effort is ::jade to do so, a payment -in -lieu, equivalent to the cost of a TDR, shall be :Wade to the City's Housing Fund in order to exempt the ADU requirement. The equivalent cost of TDR's shall be the average price of the last four (4) TDR's traded in arms -length transactions in Pitkin County. (Each purchase and extinguishment of a TDR shall be designated for use as either an exemption of the requirement to build an ADU or to increase FAR.) 5. Free Market Lots. Maroon Creek Viewul--ne. Construction on the free market lots shall not impact the "Maroon Creek Viewplane" as depicted on Exhibit B. The purpose of the Maroon Creek Viewplane is to ensure that no rooms, decks, or lighting create an adverse visual impact as viewed from the floor of the Maroon Creek Canyon in the area below each homesite. The General Declaration of Covenants, Conditions and Restrictions to be imposed upon the free market lots shall include a covenant restriction requiring, prior to construction on any such lot, a site specific analysis by a certified surveyor or engineer demonstrating that the proposed construction does not impact the Maroon Creek Viewplane. The City of Aspen shall be a beneficiary of this covenant. 6. The Fatherine Parcel. The Fathering Parcel shall be permitted to have one main residence, up to three (3) additional residences and one cabin. The final PUD Agreement shall contain a provision that prohibits any further subdivision of the Fathering Parcel. The allowable floor area for the residences on the Fathering Parcel shall be a total of 15,000 square feet for a main residence and up to three (3) other residences. The total FAR of 1:. J00 square feet may be increased to a total of 18,000 square feet with the purchase and extinguishment of two (2) TDR's from Pitkin County. The total FAR may be divided among the four houses at the option of Landowner. The Cabin located at the Cabin site as shown on Exhibit B, shall have an allowable floor area of 1,500 square feet. Floor areas shall be measured by using the City floor area regulations for square footage inclusions and exclusions as of June 1, 2000. All non- Pre -Annexation A_sreement Bar/X Ranch Page 6 residential ranch buildings shall be excluded in the calculation of permitted floor area. City acknowledges and agrees that the rights granted hereby for development on the Fathering Parcel are exempt from the City's GMQS due to the extent of the lawful pre-existing development and residential uses on the -/X Ranch, which has "grandfathered" legal status under current Pitkin County Zoning and pursuant to the provisions of the AH/PUD Zone. Notwithstanding the above, if any existing residential unit on the Fathering Parcel is replaced with a new unit that exceeds 4,000 square feet in area, then, as described in Section 4 above, an ADU shall be either constructed or be exempted by the purchase and extinguishment of a TDR from Pitkin County in the same manner as for other Free Market Units. 7. Fencing. All fencing in or surrounding the free market lots shall be of a design, type and material that is approved by the Colorado Division of Wildlife as consistent with 'ranch operations and which does not unreasonably impede the movement of wildlife, except that fencing along Old Stage Road and fencing between the Free Market Component and the 20 Acre Parcel mayv be installed which protects agricultural operations, including, without limitation, the grazing of cattle and horses, and other land uses, from interference by trespassers. 8. The Cabin. The site of the cabin shall be as shown on Exhibit B, which site shall be subiect to Sec. 26.43J.040 of the City of Aspen Land Use Code or any other provisions of said Code related to aesthetics, wildlife migration corridors, trail development, river impacts and other similar matters. Any change in the location of the cabin site may require, if applicable, its development to be reviewed and approved by the Planning & Zoning Commission pursuant to the standards of review set forth at Section 26.435.040 of the City of Aspen Land Use Code or any other applicable provisions of said Code related to aesthetics, wildlife migration corridors, river impacts and other similar matters in effect on the date of this Agreement. Landowner understands that construction of the cabin may cause unreasonable disturbance to wildlife during certain times of the year. Accordingly, Landlord agrees to limit the construction of the cabin to those periods of time determined to be reasonable by the City during the land use approval process. Following the construction of the cabin, Landowner shall be responsible for the complete restoration of any construction access roads or utility access easements required during construction. The lot containing the cabin shall be burdened with restrictive covenants that (i) if approved by the Fire Marshall pursuant to paragraph 1C.1 above, prohibit the construction of a future access road 6 Pre -Annexation Agreement Bar/X Ranch Pace 7 to the cabin site, (h) limit lighting of the cabin to periods of time when it is occupied, and (iii) prohibit dogs on the cabin site at all times. 9. Vested Rights. The land use approvals and GMQS allotments received by Landowner shall vest for a period of twenry-five (25) years or such longer time as may be allowed under any applicable law, regulation or court decision. The vested rights shall last for a period of 25 years after the date the final PUD and subdivision plat is recorded. Such vesting shall apply to all the rights and entitlements set forth in this Agreement and the final development order for the Free Market Component. As a condition of the annexation of the -/X Ranch, the parties shall enter into a development agreement that sets forth the requisite findings to support this extension of vested rights in accordance with CRS 24-68-104(2). 10. Further Subdivision. The Free Market Component, including the Fathering Parcel, shall be deed restricted in perpetuity against any further subdivision, except that this restriction shall not limit an amendment to the development plan which results in residential density that is equal to or less than the density approved under this Agreement and the final development plan for the -/X Ranch. 11. Vacation of Stage Road. Stage Road is a Pitkin County Road. The City shall request Pitkin County as part of the land use process to privatize Stage Road east of the eastern boundary of the Soldner propem : provided, however, that adequate provisions are made to ensure that other properties served by Stage Road (Caudill and Harvey properties) are not financially harmed by any new arrangements for access to their properties and that maintenance of the road will be undertaken without additional cost to the Caudill and Harvey properties at their current densities. In the event that Pitkin County vacates that portion of Stage Road, non-exclusive easements shall be granted for access and underground utilities to the Harvey and Caudill properties. The portion of Stage Road sought to be vacated and the location of the easements to be granted are illustrated on Exhibit "E" appended hereto. 12. Ranch Manager's RO Lot. City shall approve one residential lot, zoned AH/PUD, contiguous to Burlingame Village on land owned by Landowner for a single Resident Occupied Unit, as shown on Exhibit B ("Ranch Manager's House"). This lot shall remain the property of Landowner, and shall have the right to connect to (1) the Burlingame Village public road system, and (2) adjoining Burlingame Village utilities. Landowner shall have the right to use this lot in any manner allowed by the City of Aspen Municipal Code and the Aspen.%Pitkin Pre -Annexation Agreement Bar!X Ranch Pace 8 County Affordable Housing Guidelines, including retaining or disposing of title provided that the lot is occupied by an employee engaged for employment on the -/X Ranch. Before the recordation of the final Plat, Landowner shall prepare for the City Attorney's review, a deed restriction consistent with this paragraph to be recorded for this RO unit. Said RO unit shall not be counted towards the 225 units proposed as part of the Affordable Housing Component of the project. The cost of building the RO unit shall be borne entirely by Landowner, including the cost of any utility lines such as water, electric, cable, etc. 13. Water Rights. The Free Market Component, including the Fathering Parcel and Resident Owned Ranch Manager lot, and the Cabin, shall receive City water in accordance with the Water Service Agreement appended hereto as Exhibit F. Among other things, the Water Service Aareerntnt provides that Landowner shall convey to the City (in a form acceptable to the City Attorney) certain water rights described on Addendum 1 (the "Dedicated Water Rights" and the "Dedicated Raw Water Rights.") Such conveyance shall be a prerequisite to provision of water service pursuant to the Water Service Agreement. The City and Landowner agree that said water rights are believed to be sufficient in quantity and quality to allow the City to divert a quantity of water which is necessary, without administrative curtailment, to meet the amount of water required for treated water needs of the Free Market Component. including the Fathering Parcel. Resident Owned Ranch Manager lot. the Cabin referred to in Exhibit G and the raw water requirements for irrigation of the open space associated with the Affordable Housing Component, as conditioned and described in further detail in the Water service Agreement attached hereto. There shall be no material enlargement of historic water use on the Property to be Annexed. The parties acknowledge that there may be reconfiguration of areas irrigated, means of irrigation, and water uses. Landowner shall be solely responsible for obtaining any water rights, changes of water rights, and augmentation plans necessary to permit storage of water for any requirements or needs of the Free Market area. In connection with its conveyance of water rights to the City, Landowner shall contemporaneously convey to the City (in form mutually acceptable to the City Attorney and Landowner) a proportionate interest in any ditches, flumes, headgates or other structures and easements, or rights s Pre -Annexation Aereement Bar/X Ranch Page 9 therein, necessary to utilize such water rights''. Such conveyance shall be a prerequisite to provision of water service to the Subject Property. Landowner will also contemporaneously provide to the City all information in its possession, or available to it, regarding the historic use of said water rights, including well pumping records, diversion records, irritation records, aerial photographs, affidavits, and all other available information concerning the use of said water rights. City shall, through the Willow and Herrick Creek Ditch Company or by other means agreeable to both parties, pay its fair share of operating, maintenance, management, professional and legal costs associated with the provision of surface irrigation water to the 20 Acre Parcel through the Willow Creek Ditch and other distribution ditches. 14. Transportation Demand Management. The parties hereto understand that it is the intention of each to develop a project that reduces the use of the automobile. Accordingly, it is the intention of the parties hereto to consider during the land use approval process. certain automobile disincentives programs commonly referred to as Transportation Demand Management systems (TDM's). D. AFFORDABLE HOUSING DEVELOPMENT OBLIGATIONS. The City shall assume all obligations and associated costs to develop the Affordable Housing Component of the AH/PUD zone district. The Affordable Housing Component shall be built within the parcel to be conveyed by the Landowner to the City and within an adjacent area of the Burlingame Ranch. The affordable housing to be constructed shall be located .n the general area within the acreage as illustrated in Exhibit "B"; the exact location to be determined during final planning and design. The Citv agrees that the conveyance of the acreage by the Landowner to the City and the City's obligation to improve such land and plat it into lots, fully satisfies all obligations of the Landowner to provide the affordabie housing necessary to support its Free Market Component development and that such conveyance and method of satisfying such obligations fully complies with all applicable City housing and land use regulations and Aspen/Pitkin County Housing Authority regulations. The Affordable Housing Component shall be developed at a density of no greater than 225 units. The parties agree that the City is responsible for constructing the minimum number of affordable housing bedrooms necessary to comply with the requirements of the AH/ PUD zone district, based upon the 70/30 bedroom ratio as set forth in Exhibit G. The City retains the right, in its sole ''The parties acknowledge that there is presently underway an effort to establish a new munial ditch company known as the Willow and Herrick Ditch Company. To the extent that entity is established prior to the requirement to convey interests herein to the City, a proportionate number of stock certificates may be conveyed. The Cin, ag-rees to join in and support the Ditch Company's formation. Pre -Annexation Agreement Bar!X Ranch Page 10 discretion to develop additional units up to the maximum of 225 units, including the Required Affordable Units referred to in Exhibit G. The City's obligation to develop affordable r ;using units shall include a good faith effort to develop such units on a schedule commensurate with the development of fr.--- market units by the Landowner. The City shall receive a Certificate of Occupancy for three (3) affordable housing units at or before the time each free market lot development receives final building inspections, until such time as the City has developed the minimum number of affordable housing required by the AH/PUD zone district. The development of the free market residential lots shall not be dela,: ed or hindered in any way in the event the City fails to develop the affordable housing units in accordance with this Agreement. E. NO DEVELOPMENT IN THE BACK BOWL AREA AND CONSERVATIOti EASEMENTS ON BURLIN G.-kME RANCH. The City shall not develop, or sell for development, the area depicted as the Back Bowl Area on Exhibit B. The City shall place a conservation easement on the parcel dedicating the parcel to Open Space in perpetuity. City shall place conservation easements to the benefit of the City and the Aspen Valley Land Trust or other similar organization that prohibit further residential development on all of the Burlingame Ranch east of State Highway 82, except for the Development Parcel, Parcel B (the NI.A.A housing project), Parcels C and D (US West and Ventnor Avenue Housing projects) and a 150 foot wide strip or to the toe of the slope (whichever is wider) of the Burlingame Ranch which adjoins highway 82. The conservation easement shall be based upon a wildlife management plan to maintain the integrity of the Back Bowl Area. Such plan shall be developed during the land use approval process. F. DOGS. In order to protect wildlife, ranch cattle, horses and other livestock from harassment, the General Declarations of Covenants, Conditions and Restrictions to be imposed on both the Free Market and Affordable Housing C—: -nponents shall include provisions and penalties that prohibit dog ownership (other thar. ;arm dogs belonging to owners or employees of the Fathering Parcel and specially trained service dogs for use by visually impaired persons or persons with other medical needs.) The respective homeowners associations shall be required through appropriate covenants to vigorously enforce these restrictions. No dogs shall be allowed on the cabin site, including dogs belonging to the owners of the Fathering Parce:. G. PARKS AND PLAY FIELDS. City may constl-uct play fields, including without limitation, baseball or soccer fields, within the land conveyed by Landowner to City. The City shall neither include any such fields as part of the City's recreation program nor shall the City schedule any organized activities of the City on these fields. Members of the homeowners association shall convey title to any such fields to the Pre -Annexation Agreement Bar,'X Ranch Page 11 homeowners association of the Affordable Housing Component «ith appropriate covenants ensuring maintenance and enforcement of regulations for their use. H. JOINT PLANNING OF THE PROPERTY ?ROPOSED TO BE ANNEXED. The parties recognize that, notwithstanding their understanding regarding the development proposal and potential affordable housing obligations set forth above, additional planning and design will be required before final land use applications can be submitted to the City's Community Development Department. The parties hereto agree to cooperatively and jointly plan and design the development of the Affordable Housing and Free Market Components of the Property Proposed to be Annexed in a manner consistent with this Agreement and the exhibits appended hereto. The parties further agree that they will perform their obligations under this agreement in a timely fashion. a. Citv's Costs. The City shall be responsible for the cost of filing fees and preparing all documents and applications for the following: i. Pre -annexation Agreement ii. Annexation Petition and Plat. iii. Rezoning Application for initial AH/PI;D designations and zoning code amendments. b. Joint Costs. The City and Landowner shall be jointly responsible for the cost of obtaining any site -specific development plan approvals. The City shall be responsible for those costs directly attributable to the Affordable Housing Component, and Landowner shall be responsible for those costs directly attributable to the Free Market Component, including the Fathering Parcel. Where costs are incurred for items that are attributable to both components and cannot be directly apportioned to one or the other, the costs shall be apportioned on an equal (50150) basis. C. Conservation Easements. Areas within the Property Proposed for Annexation and Burlingame Ranch that shall be reserved for conservation easements, including easements on irrigated lands, the Maroon Creek corridor, and portions of Burlingame Ranch are identified on Exhibit "B". Once the annexation has taken place and the Appeal Period, as defined at Section 20, below has expired, or any other matter which affects the development, having been challenged, the parties agree to execute all requisite easement documents in substantially the same form as the document appended hereto as Exhibit "E". d. Public Trails. The parties agree that no public trails shall be required to be dedicated or created within the Property Proposed to be Annexed, except that trails shall be located within the right-of-way of the entry road to the Burlingame Ranch from Stage Road to the Affordable Housing Component. Pre -Annexation Agreement Bar'X Ranch Page 12 Exhibit "B", appended hereto illustrates the location of all proposed trails. Said trails shall be designed and built in conformance with trail standards established by City's Parks Department for various trail types based on proposed usage, terrain and costs and shall be maintained at City's sole cost and expense. City shall undertake reasonable efforts to create a trail through property presently owned by the Aspen Valley Land Trust, connecting the Burlingame Ranch to the Aspen Airport Business Center. The parties agree that the parties shall adopt a Trail :Management Plan for all trails within the Affordable Housing Component as part of the land review process for the project. e. Cost of roads, utilities and trails. City, at its sole expense, shall construct and install such roads, utilities and trails as are required for the construction of the Affordable Housing Component. Where such utilities shall also serve the Free Market Component they shall be sized to accommodate both. Not later than thirty (30) months (which may be extended by mutual agreement of the parties) after the recording of the final plat map for the Free Market Component, City, at its sole expense, shall have extended roads and utilities to the locations shown on Exhibit D. City shall be reimbursed by Landowner for one-third of Landowner's share of the total installation cost of the particular utilities so requested and provided at the time of issuance of a building permit for the first of the 12 free market lots which applies for a building permit. Landowner for shall reimburse City an additional one-third of Landowner's share of the total installation cost of the particular utilities so requested and provided at the time of issuance of a building permit for the second of the 12 free market lots which applies for a building permit. City shall be reimbursed the remaining amount of Landowner's share of the total installation cost of the particular utilities so requested and provided at the time of issuance of a building permit for the third of the 12 free market lots. Said reimbursement shall be made together with interest at the rate of 8 % per annum computed from the date said funds were advanced by City to the date of reimbursement. In addition, Landowner shall reimburse for Landowner's share of the cost of installation of utilities provided to the Property to be Annexed which are to be shared by the Affordable Housing Component and the Free Market Component, including the Fathering Parcel, including, without limitation, any redundant looped segments which are constructed for the primary benefit of the Free Market Component and the Affordable Housing Component, based on the ratio of ECUs in the Free Market Component, including the Fathering Parcel, to the ECUs in the Affordable Housing Component. Exhibit G shall be used to estimate the number of ECU's in the Free Market and Affordable Housing Components. Adjustments to the initial charge for the Free Market Component shall be made upon final construction of all residences in the Free Market Component. An "ECU" as defined in the Aspen Municipal Code, is a "unit reflecting that part of the capacity of the [City] water system necessary to serve a standard water =2 Pre -Annexation Aereement Bar.'X Ranch Pase 13 customer, with multiples or fractions of the unit including a maximum number and type of water fixtures, a maximum irrigated area, certain cooking facilities, or other water demand factors." Aspen :Municipal Code § 25.08.060(e). Shares: utility segments are shown on Exhibit D. f. Access and Utility Easements. The access to the Affordable Housing Component of the Development Plan shall be as shown on Exhibit B. Landowner shall convey the access road right-of-way easement shown on Exhibit B and an underground utility easement to the City. The right-of-way easement shall be a maximum of sixty (60) feet wide which shall accommodate a road, parallel trail, and a berm with a height of five feet above the adjacent finished grade of the road along the boundary of the Free Market Component, or some other landscape solution mutuall: acceptabie to City and Landowner that is designed through natural landscape design that considers protection of the adjacent agricultural use from traffic impacts. The parties shall endeavor during the land use review process to minimize the width of the right-of-way to accommodate the uses proposed in the previous sentence. The final design of the access road and its related components and landscaping shall be developed through the land use approval process. The road shall be built in accordance with any requirements imposed by the Fire Marshal. 2. SCHEDULE FOR ANNEXATION a Upon execution by the parties of this Agreement, City shall, at its cost, prepare an annexation map of the Property Proposed to be Annexed. b. Upon completion of the annexation map, Landowner shall execute the Petition to Annex appended hereto as Exhibit C. Said petition shall be conditional upon the terms and conditions of this Agreement. C. City shall prepare, at its cost, all requisite documents and applications necessary to annex the Property Proposed to be Annexed, and a rezoning application to re -zone the Property Proposed to be Annexed to the AH/PUD zone district and the amendments thereto referred to in paragraph 1B above (conditional upon annexation). d. City shall initiate, at its cost, annexation and the re -zoning application in accord Ince with the City's Land Use Code. e. Upon conditional approval of the re -zoning application the City and Landowner shall cooperatively and jointly prepare, at their joint expense, as provided for in this Agreement, an application for a Development Order for both the Affordable Housing and Free Market Components of the Development Plan meeting all the requirements of the City's Land Use Code. The application for a Development Order shall specifically Pre -Annexation Agreement Bar,'X Ranch Page 14 state that all land use approvals shall be conditional upon annexation of the Property Proposed to be Amnexed. f. Upon the granting of all requisite land use approvals by the Aspen City Council. evidenced by the adoption of an appropriate Ordinance (conditional upon annexation of the Property Proposed for Annexation) that is consistent with the Development Plan. City shall annex the Property Proposed to be Annexed into the municipal boundaries of the City. g. Landowner and City shall execute at the conclusion of the Appeal Period (as defined at Section 20, below) following the date of annexation, a Subdivision and Planned Unit Development Agreement which incorporates the terms and conditions of the Development Plan as finally approved by the issuance of a Development Order. The Subdivision and Planned Unit Development Agreement shall include standard City Terms and Conditions relating to plats, wastewater and surface drainage. utility connections, trash and recycling removal, snow removal, fire sprinklers, sidewalk and trail construction and maintenance, driveway, curb and gutter improvements, street lighting, excavation plans, parking and staging areas, street construction, and maintenance, stream bar1: disturbance mitigation, dust control measures. setbacks. as - built drawings, fireplaces and woodstoves, residential design standards, survey monumentation and restrictions. exterior lighting. school land dedication fees. park dedication fees, landscaping improvements, financial security for public improvements and landscaping, and other similar matters normally and routinely included in such agreement, except as such matters are specifically addressed otherwise in this Agreement, the Development C.-der or the zoning for the annexed areas. Citv also agrees that, because of its rural character and location outside of the City's street grid system, the Residential Design Standards of Chapter 26.410 of the Aspen Land Use Code, and the requirements for street paving, sidewalks, curbs and gutters. shall not be applied to the Free Market Component, including the Fathering Parcel. Landowner, as pan of the land use approval process shall propose and agree to adopt design standards that are appropriate for the Free Market Component. The homeowners' association for the Free Market Component shall be responsible through covenants running with the land to enforce the adopted design standards. 3. LANDOWNER'S OBLIGATION. Landowner hereby agrees to annex the Property Proposed to be Annexed into the municipal boundaries of the City of Aspen upon the terms and conditions set forth in this Agreement. Landowner hereby agrees not to withdraw its consent to annex or to thereafter petition to de -annex provided all of the terms and conditions of this Agreement are met. Landowner shall grant all easements to the City necessary for access or utilities as shown on Exhibit B. Pre -Annexation Agreement Bar/Y Ranch Pase 15 4. CITY'S OBLIGATION. a. Citv's Obligation with Respect to Annexation. City agrees to annex the Property Proposed to be Annexed provided all of the terns and conditions of this Agreement are met. The parties acknowledge that annexation and zoning are subject to the plenary legislative discretion of the City Council of the City and the rights of referendum and initiative reserved unto its citizens. Notwithstanding anv language to the contrary contained in this Agreement, no assurances of annexation or zoning have been made or relied upon by Landowner. b. Citv's Obligation with Respect to Access. City shall provide sufficient legal and physical vehicular and pedestrian access to the Burlingame Ranch and the -/X Ranch so that the development of the Affordable Housing and requisite Free Market Components contemplated by this Agreement can be undertaken. If necessary, City shall utilize its condemnation powers to obtain such access at its sole cost and expense. City shall not enter into any agreement nor permit any action to occur by it or third parties which will, or may, diminish or alter the existing access rights and conditions pertaining to the Land to be Annex- , without obtaining the prior written consent of Landowner. Prior to the conveyance of the 20 Acre Parcel to City, City shall provide to Landowner evidence of such access, and if necessary written conveyances, agreements and/or confirmations of such access rights from owners of land or easement rights over which such access runs, which shall, in Landowner's reasonable judgment, demonstrate that Landowner has a present, enforceable right to such access. In the event City fails to provide such access, Landowner may, at its option, nevertheless, convey the acreage to City and if such conveyance is made. Landowner shall have the right to process and obtain approval for the Free Market Component of the development and City shall be responsible for providing the minimum number of affordable housing units necessary for the free market development to comply with the requirements of the AH/PL; D zone district. 5. LANDOWNER'S REMEDY FOR DEFAULT BY CITY. a. In the event that, any action herein contemplated is not taken by the City, then Landowner's remedies for the breach hereof may include the withdrawal of the annexation petition by Landowner, the right to reimbursement for Landowner's costs and fees, including reasonable attorney fees, incurred in the negotiation, drafting and/or Landowner's performance of this Agreement or in Landowner's performance of any acts required of City hereunder and all the costs incurred as a result of City's breach, including, without limitation, the preparation and processing of the development plan, and any attorney fees incurred to perform defense obligations of City. In such event. all conditional land use approvals that may have been granted by City and this Agreement shall become null and void. Pre -Annexation Agreement Bar!X Ranch Page 16 b. To the extent available at law or in equity, in the event of a default in this Agreement by City, :ncluding, without limitation, any default in its obligations after annexation occurs, Landowner shall have the right to either terminate this agreement and obtain its damages, or pursue specific performance of City's obligations hereunder. Landowners "damages" shall include, without limitation, recovery of the costs and fees referred to in subparagraph 5a above. c. In the event of a breach by City under either subparagraph 5a or 5b above, where the acreage has been conveyed to City, and Landowner does not obtain specific performance of this Agreement, Landowner shall, in addition to the foregoing remedies, be entitled to have the acreage re -conveyed by the City to the Landowner. 6. CITY'S RE:vIEDY FOR DEFAULT BY LANDOWNER. In the event that Landowner defaults in any of its duties as set forth herein, City shall have the right of enforcement by an action for specific performance filed in the Pitkin County District Court. In such event, the prevailing party in any such action, shall be entitled to recover all of its costs for enforcement, including reasonable attorney fees. 7. WAIVER. A waiver by any party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either parry. 8. BINDING EFFECT. The parties hereto agree that this Agreement. by its terms, shall be binding upon the successors, heirs, legal representatives, and assigns thereof and shall constitute covenants running with the Property Proposed to be Annexed. In the event that all or par of the Property Proposed to be Annexed is sold, transferred, or otherwise conveyed to additional or multiple parties, all owners shall be jointly and severally responsible for all terms, conditions, and obligations set forth in this Agreement. 9. NO THIRD PARTY BENEFICIARIES. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the City and Landowner and nothing contained in this Agreement shall give or allow any such claim or right of action by any other third person on such Agreement. It is the express intention of the City and Landowner that any person other than the City, or Landowner receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 10. GOVERNING LAW A,VD ENFORCEMENT. This Agreement shall be governed by the laws of the State of Colorado. The parties agree and acknowledge that this Agreement may be enforced at law or in equity as a contractual obligation consistent with annexation agreements. Thus, this Agreement is intended to provide a contractual relationship between the Ciry and the Landowner to ensure compliance with all rights and requirements contained Pre -Annexation Asreetnent Bar'X Ranch r Paze 17 herein. In addition to any other available remedies, it is understood and agreed that the City may withhold or revoke any permits or certificates, including but not limited to building permits and certificates of occupancy, for any lot within the Property Proposed to be Annexed in the even, of a breach of this Agreement by the Landowner. The prevailing party in any litigation between Landowner and City concerning this Agreement shall be entitled to an award of its attorney fees and costs. 11. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents or take any additional action that is necessary to carry out this Agreement. 12. EXECUTION IN COUNTERPARTS. This Agreement may be exec-,ted in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. 13. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for the convenience and reference of the parties and are not intended in any way to define, limit or describe the scope or intent of this Agreement. 14.INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement bz:ween the parties and there are no oral or collateral agreements or understandings. Only an instrument in writing signed by the parties may amend this Agreement. 15. ASSIGNMENT. All or part of the rights, obligations or responsibilities set forth in this Agreement may be assigned by the Landowner to an entity in which the Landowner or its affiliates have an interest, without requiring the consent of the City. 16. SEVERA3ILITY. Invalidation of any of the provisions of this Agreement or any paragraph sentence, clause, phrase, or word herein or the application thereof in any given circumstance shall not affect the validity of any other provision of this Agreement, except that if such invalidation diminishes the rights of Landowner, Landowner may elect to terminate this Agreement and render it null and void. 17. RECORDATION OF AGREEMENT _ TERMS RUN WITH THE LAND. The City shall record this Agreement with the Clerk and Recorder's Office of Pitkin County. The City shall pay the reasonable cost of recordation of this Agreement. The terms, conditions, rights and benefits of this agreement shall run with the lands to be annexed hereunder. 18. INCORPOP ATION OF EXHIBITS. Unless otherwise stated in this Agreement, exhibits referenced in this Agreement shall be incorporated into this Agreement for all purposes. Pre -Annexation Aereetnent BarX Ranch Page 18 19. ACTIONS AGAINST ANNEXATION AND DEVELOPMENT. In the event that any person. corporation, special district, municipal or county government, or any other entity or person asserts any claim against the City, its officials, or employees pursuant to the provisions of the Colorado Municipal Annexation Act, C.R.S. § 31-12-101 et seq., or asserts any other claim, based on any theory of law whatsoever, challenging the rezoning and development of the -/X Ranch, or the approval of the Development Plan as contemplated by this Agreement, City shall vigorously defend against such an action and may consent to and permit the entry by the court of an order voiding the annexation or reach another means of settlement of claims, provided that no consent to an order voiding the annexation or settlement which adversely affects the Landowner's rights hereunder or under any development approvals contemplated hereby, shall be entered into without Landowner's written consent. City's defense of any such action(s), shall also include the vigorous defense, at its sole cost, of the interests of the Landowner. If by reason of such suit this Agreement is found to be void or unenforceable, then as between City and Landowner, this Agreement shall become null and void, and if at such time the annexation of the -/X Ranch has already occurred, City shall, upon a petition for de - annexation submitted by Landowner, approve the de -annexation of the -/X Ranch and, if the acreage conveyed by Landowner has been conveyed to the City then City shall re -convey the acreage to the Landowner. 20. APPEAL PERIOD. Any time period established by this Agreement upon one or the other parry to take any action shall be suspended until the expiration of any jurisdictional appeal time for the initiation of a judicial challenge to any action taken by the City or the tirn e permitted for the initiation of an initiative or referendum challenge. If the annexation of the Property Proposed to be Annexed, any requisite land use approval, or any action required by the City is challenged by a referendum or initiative, or is subjected to a judicial court proceeding, all provisions of this Agreement, together with the duties and obligations of each parry, shall be suspended pending tl:e outcome of the election or court proceeding (inc.udiig any appeals). If the referendum, initiative, or court challenge results in disconnection of the Property Proposed to be Annexed from the City, then this Agreement shall be null and void and of no further effect. If the referendum, initiative, or court challenge fails, then the parties shall continue to be bound by all of the terms and provisions of this Agreement and any other acre=ents made in connection therewith. 21. CITIZEN MANAGEMENT OF GROWTH INITIATIVE. The parties hereto are aware that a citizen initiative entitled the "Citizen Management of Growth" initiative has been proposed for the November, 2000, state election. If the electorate of the state of Colorado approves that initiative, it may have an impact upon the schedule, procedures, steps and development plan as set forth in this Pre -annexation Agreement. Accordingly, the parties hereto hereby agree that in the event that the electorate approves the Citizen Management of Growth initiative and that the state Constitution is amended as proposed in the initiative, that this Pre -annexation Agreement shall be amended, as needed, to comply with the requirements of the initiative. Pre -Annexation Agreement Bar/X Ranch Page 19 22. TITLE. Whenever there appears a requirement to dedicate or convey land to the City, Landowner shall provide a title policy that shall indicate that the property is free and clear of all encumbrances whatsoever which would impair the use of the property as proposed in this Agreement or in any further document. Further, said title policy shall show that the property to be dedicated or conveyed to the City is free and clear of all encumbrances which would make said dedications or conveyances unacceptable to the City as the City, in its sole discretion, determines. Should such title policy reflect encumbrances that may impair the use of the property as proposed or which would make the dedications or conveyances unacceptable, the City may take whatever action or seek whatever remedies it deems advisable, including without limitation disconnection from the City of the Property Proposed to be Annexed, if already annexed into the City, withholding of any development reviews, or declaring this Agreement null and void however City shall not have any right to seek damages against Landowner. 23. PROPERTY TAX VALUATION. Any owner of a lot within the Free Market Component, other than lots within the Fathering Parcel, who improves a lot or lots with residential improvements which result in a new property tax classification for such lot or lots based on a change of use from agricultural to residential shall be forever barred from subsequently applying for reclassification of such lot or lots to anything other than a "residential real property" category fcr property tax valuation and assessment purposes, as such te.:m is defined and applied in Section 39-1-102, er seq., C.R.S. - 9 Pre -Annexation Agreement Bar,'X Ranch Paae 20 CITY OF ASPEN, a municipal corporation ATTEST: City Clerk STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) Acknowledged 2000, by _ hisiher capacity as My commission expires: APPROVED AS TO FORM: City Attorney LANDOWNER before me this Notary day of in of Pre -Annexation Agreement Bar,'X Ranch Pase 21 STATE OF COLORADO COUNTY OF PITKIN his/her capacity as My commission expires: )ss. Acknowledged before me this 2000, by 21 Notary day of in of Pre -Annexation Agreement Bar/X Ranch Page 22 LIST OF EXHIBITS A - Legal description of -/X Ranch proposed to be annexed B - Map of area including Back Bowl and Zoline -/X Ranch C - Petition to Annex - (Standard City of Aspen petition for annexation) D - Utility Location Map - (To be finalized as part of land use process) E - Conservation Easement - (To be drafted as part of land use process) F. - Water Service Agreement G. - Estimate of ECU's and Assumptions Regarding Cost Allocation. JPW-07'11/2000-G:'john\word'.agr`zoline-pre -7-11-00.doc 22 n DEEDED PARCEL 1 PROPERTY DESCRIPTION ALL SITUATED IN SEC77ON 2, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN AND DESCRIBED AS FOLLOWS. - BEGINNING AT A POINT ON 7HE SOUTH LINE OF LOT 23 WHICH IS ALSO THE NORTH LINE OF LOT 26 OF SAID SE077ON 2, SAID POINT BEING 450 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 26 AND 740 FEET WEST OF THE WEST BANK OF MAROON CREEK; ]HENCE NORTH 14' EAST 195 FEE T- THENCE NORTH 7' EAST 184 FEET,• THENCE NORTH 8' WEST 194 FEET; THENCE EAST 75 FEET TO A POINT OF TRUE BEGINNING OF A STRIP OF GROUND 30 FEET WIDE HEREINAFTER MORE SPECIFICALL Y DESCRIBED; ]HENCE EAST 195 FEET TO A POINT BEING 25 FEET WEST OF THE WEST BANK OF MAROON CREEK' THENCE NORTHWESTERLY ALONG A LINE WHICH IS 25 FEET WEST OF THE WEST BANK OF MAROON CREEK TO THE INTERSEC7ON OF SAID LINE WITH THE SOUTH LINE OF LOT 4 IN SEC77ON 2,• THENCE EAST ALONG THE SOUTH LINE OF LOTS 4, 3 AND 2 IN SAID SEC77ON 2 TO THE NORTHWEST CORNER OF LOT 10 IN SAID SECTION 2• THENCE SOUTH ALONG THE WEST LINE OF LOTS 10 AND 13 IN SAID SEC77ON 2 TO THE INTERSECTION OF SAID WEST LINE WITH THE NORTH LINE OF LOT 24 IN SAID SE077ON 2,- THENCE WEST ALONG THE NORTH LINE OF SAID LOT 24 TO THE NORTHWEST CORNER OF SAID LOT 24,• THENCE SOUTH ON THE WEST LINE OF SAID LOT 24 TO THE SOUTHEAST CORNER OF LOT 23 OF SAID SEC770N 2,• THENCE WEST ALONG THE SOUTH LINE OF SAID LOT 23 TO THE 7RUE POINT OF BEGINNING SAID PARCEL 1 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS (DESCRIPTION THIS SURVEY), - BEGINNING AT A POINT ON 77-IE SOUTH LINE OF LOT 23 WHICH IS ALSO THE NORTH LINE OF LOT 26 OF SAID SE077ON 2 WHENCE THE S1/4 CORNER OF SAID SECTION 2, A 1954 BLM BRASS CAP, BEARS S 5049'13" W 603.04 FEET THENCE LEAVING THE SOUTH LINE OF SAID SECTION 2 ALONG THE CENTERLINE OF MAROON CREEK THE FOLLOWING NINE (9) COURSES: I. N 310058" W 67.05 FEET 2. N 222406" W 67.79 FEET 3. N 16 06 53" W 30.78 FEET 4. N 36 02 53" E 41.96 FEET 5. N 5728'43" E 96.86 FEET 6. N 254704" E 80.82 FEET 7. N 0704'06" E 149.16 FEET 8. N 213025" E 65.09 FEET 9. N 032743" W 43.79 FEET 7HENCE LEAVING 7HE CENTERLINE OF SAID MAROON CREEK N 89 0759" W ALONG THE NOR7HERL Y LINE OF THAT PROPERTY DESCRIBED AS RECEP77ON No. 101081 OF THE PITKIN COUNTY RECORDS 54.23 FEET TO A POINT 25 FEET WEST OF THE WES7ERLY BANK OF SAID MAROON CREEK; THENCE LEAVING THE NORTHERLY LINE OF SAID PROPERTY ALONG A LINE 25 FEET WEST OF THE WESTERLY BANK OF SAID MAROON CREEK THE FOLLOWING THIRTY-ONE (3I) COURSES. 1. N 224958" W 38.35 FEET 2. N 1520'15" W 110.87 FEET J. N 003120" W 104.27 FEET 4. N 1433'04" E 136.02 FEET 5. N 2742'15" E 89.93 FEET 6. N 7635'09" E 113.63 FEET 7. N 0055'18" E 105.24 FEET 8. N 257220" W 142.26 FEET 9. N 00'1945" E 74.66 FEET 10. N 2620'44" E 108.68 FEET 11. N 212344" W 149.37 FEET 12. N 340439" W 83.40 FEET 73. N 7043'11 " E 113.51 FEET 14. N 2720'14" E 67.87 FEET 75. N 082938" E 204.20 FEET 16. N 113423" W 114.46 FEET 17. N 00 56 24" E 123.60 FEET 18. N 13 0701 " W 151.85 FEET 19. N 010948" E 148.11 FEET 20. N 135239" W 156.08 FEET 21. S 857330" W 116.68 FEET 22. N 483731" W 167.69 FEET 23. N 18'1623" E 56.12 FEET 24. N 245142" W 195.40 FEET 25. N 132359" E 135.37 FEET 26. N 310941" E 73.27 FEET 27. N 604240" W 182.74 FEET 28. N 292453" W 106.14 FEET 29. N 46 0331 " W 81.33 FEET 30. N 3050'34" W 150.94 FEET 31. N 4979'40" W 106.31 FEET TO A POINT ON THE SOUTHERLY LINE LOT 4 OF SAID SECTION 2; THENCE S 887143" E ALONG THE SOUTHERLY LINE OF SAID LOT 4 AND LOT 3 OF SEC77ON 2 390.61 FEET TO A POINT ON THE TOP OF RED BUTTE MOUNTAIN RIDGE- THENCE LEAVING SAID SOUTHERLY LOT LINE ALONG THE TOP OF RED BUT7E MOUNTAIN RIDGE THE FOLLOWING ELEVEN (11) COURSES. - I. S 332758" E 387.78 FEET 2. S 115337" E 86.45 FEET 3. S 5030'13" E 278.92 FEET 4. S 475708" E 222.86 FEET 5. S 5678'05" E 122.31 FEET 6. N 84 56 38" E 62.52 FEET 7. S 75 00'75" E 126.82 FEET 8. S 677120" E 245 39 FEET 9. N 7852'12" E 23, 03 FEET 10. S 34 00'19" E 32. 47 FEET 71. S 714244" E 91.41 FEET TO A POINT ON 7HE WES7ERL Y LINE OF LOT 10 OF SAID SEC77ON 2; THENCE S 033353" W ALONG THE WESTERLY LINE OF SAID LOT 70 333.67 FEET TO THE SOUTHWEST CORNER OF SAID LOT ID - THENCE S 033359' W ALONG THE WESTERLY LINE OF LOT 13 990.75 FEET TO THE INTERSEC7ON OF SAID WES7FRLY LINE WITH THE NORTHERLY LINE OF LOT 24 OF SAID SECTION 2,• 7HENCE LEA V/NG SAID WESTERL Y LOT LINE N 89 09 33" W ALONG THE NORTHERLY LINE OF SAID LOT 24 167..97 FEET TO 7HE NORTHWEST CORNER OF SAID LOT 24,• THENCE THE FOLLOWING TEN (10) COURSES ALONG 7HE WESTERLY LINE OF SAID LOT 24.- 1. S 004239" W 268.35 FEET 2. S 002736" W 79.33 FEET J. SOO7706" E 206.59 FEET 4. S 007730" W 53.90 FEET 5. S 0253'00" W 282.00 FEET 6. S 012530" W 125.00 FEET 7. S 0129'00" W 115.00 FEET 8. S 0233'00" W 95.00 FEET 9. S 020700" W 74.20 FEET 10. S 065730" W 21.00 FEET TO 7HE SOUTHEAST CORNER OF LOT 23 OF SAID SECTION 2, 7HENCE N 892533" W ALONG THE SOUTHERL Y LINE OF SAID LOT 23 237.07 FEET,• THENCE CONTINUING ALONG SAID SOUTHERL Y LINE N 892033" W 469.15 FEET TO THE POINT OF BEGINNING.- SAID PARCEL 1 CONTAINING 56.910 ACRES, MORE OR LESS. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS 1KOM ill DATE OF CERTIFICATION SHOWN HEREON. IMPROVEMENT SURVEY PLAT C 0 STA CE HARVEY PROPERTY A PARCEL OF LAND SITUATED IN A PORTION OF SECTION 2, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE COUNTY OF PITKIN, STATE OF COLORADO N 88°_28'09" w SHEET 1 OF 3 NORTHWEST CORNER, SEC. 2 2656.58' _ - - - - - - _ _ 5313.15' FOUND 1973 BRASS CAP IN GONG, L.S 19184 I328.29' - - - - - N 1/4 COR., SEC. 2 I 1328.29 NORTHEAST CORNER, SEC. 2 NOT SET IN 1913 BLM ADAMS N 1/16 COR, SEC. 2 & 35 J SURVEY - IN AGRICULTUFOUND 1913 BLMRAL I BRASS CAP I FIELD - SAME CONDITION THIS OSURVEY, NOT SET I I I N V I 10 IOi � I e NO ORIGINAL FIELD EVIDENCE FOUND IN THIS AREA I M INDICATING THE LOCATION OF THE E-YEMP77ON CLAIMS AND LOTTTNG AS o O J MAR✓ORIE L. STEIN I M I V REC. No. 268234 SHOWN ON THE 1891 BLM ALLOTMENT PLAT o7 O I (SK 486 0 PG 239) OF SEC77ON 2 T10S R85W & h 3 I M 06 SECT/ON 35 T9S R85W I N 1/16 COR, SEC. 2 & 3 SOUTH LINE LOT 4, SEC. 2 I I N ESTABLISHED BY SINGLE PROPORTION BETWEEN 1889 BLM I ro l SW CORNER LOT 3 I NE CORNER LOT 11, SEC. 2 I CUTSHAW & SE 1LIN SURVEYS - �p SE CORNER LOT 4 r�KNOR7NERN 6 LINE SEC7701V 2 1 NW CORNER LOT 5, SEC. 1 WEST SECT/ON 2 LINE CALLS RIVER SOUTH LINE LOT 3, SEC. 2 I TIER LOT BOUNDARY FOUND REBAR & CAP, L.S 49184 S 88-11'43 E GF R BLM MANUAL ON FRAC77ONALNl/16 COR, SEC. 2 & 3 �- - - - - _ I CTION LOT DELINEA770N) 4 FOUND REBAR & CAP, L.S. 119184 BEARS: I 5 044101" W 8. 11' wl OI � I OI V JINN q N Ih 3 Z h V I I m I ^ I I W 14 CORNER, SEC. 2 FOUND 1954 BLM - - - - - - BRASS CAP ji� DEEDED PARCEL 2 PROPERTY DESCRIPTION THE FOLLOWING DESCRIBED S7RIP OF GROUND BEING 30 FEET WIDE AND L YING 15 FEET ON E77HER SIDE OF A LINE DESCRIBED AS FOLLOWS- BEGINNING AT SAID 7RUE POINT OF BEGINNING HEREIN ABOVE MENTIONED, THENCE NORTH 75' 18' EAST 233.7 FEET - THENCE NORTH 06' 24' WEST 250.4 FEET,• THENCE NORTH 07' 29' WEST 151.6 FEET THENCE NORTH Of' 14' EAST 233.4 FEET, THENCE NORTH 79' 55' WEST 30.9 FEET THENCE SOUTH 29' 05' EAST 38 FEET THENCE SOUTH 79' 05' WEST 109.0 FEET MORE OR LESS TD IHE EXIS77NG COUNTY ROAD. SAID PARCEL 2 BEING MORE PAR7CULARLY DESCRIBED AS FOLLOWS (DESCRIPTION THIS SURVEY). BEGINNING AT A POINT ON THE NORTHERLY LINE OF 7HAT PROPERTY DESCRIBED AS RECEP7701V No. 101081 OF THE PITKIN COUNTY RECORDS WHENCE THE S1/4 CORNER OF SAID SECT/ON 2, A 1954 BLM BRASS CAP, BEARS S 254159" W 952.42 FEET THENCE LEAVING THE NORTHERLY LINE OF SAID PROPERTY ALONG THE CENTERLINE OF SAID 30 FOOT WIDE STRIP OF GROUND 7HE FOLLOWING SEVEN (7) COURSES- 1. N 0578 00" E 233.70 FEET 2. N 0624 00" W 250.40 FEET J. N 0729 00" W 151.60 FEET 4. N 0174 00" E 233.40 FEET 5. N 7955'00" W 30.90 FEET 6. S 2910500" E 38.00 FEET 7. S 790500" W 13.73 FEET MORE OR LESS TO THE EXIS77NG COUNTY ROAD No. 12A RIGHT OF - WAY,• SAID 30 FOOT WlD£ STT?IP OF GROUND CONTAINING 0.655 ACRES, MORE OR LESS EXCEP77NG FROM ALL ABOVE DESCRIBED LANDS THE FOLLOWING PARCELS: RIGHT OF INGRESS AND EGRESS RESERVED BY TONY G SKIFF AND EDITH ARBANEY SKIFF IN DOCUMENT No. 94000, RECORDED IN BOOK 166 A T PAGE 431. PARCEL OF LAND DESCRIBED IN DOCUMENT No. 101081 RECORDED /N BOOK 172 AT PAGE 320. PARCEL OF LAND AS DESCRIBED IN DOCUMENT No. f03700 RECORDED IN BOOK 165 AT PAGE 595. SUBJECT TO AN EASEMENT FOR A RIGHT-OF-WAY OVER PARCEL 2 FOR INGRESS AND EGRESS FROM THE COUNTY ROAD TO THE TRACTS OF LAND DESCRIBED IN DOCUMENT No. 101081 IN THE RECORDS FOR P17KIN COUNTY. 5339.04' NORTH LINE LOT 7, SEC. 2 N S y NORTH LINE LOT 8, SEC. 2 I \ 7777E EXCEPTED PARCEL I OF LAND, REC. No. 103700 (BK 165 ® PG 595) I, 41 Ih MI / I b FIELD LOCA7FD Io I RED BUTTE RIDGE 2 \ I ,\ I 1 IWEST I LINE LOT 10, SEC. 2 FIELD LOCATED � WEST BANK OF \ MAROON CREEK I \ I ` I � wI _ N 88"04'21 " W - ZOLINE PARCEL CITY OF ASPEN PURCHASE - 1987 MAROON CREEK GOLF COURSE LEASEHOLD �)" S 8¢TA�' �I iq I .NI COUNTY ROAD No. co+00 STAGE ROAD) ) � OI ZOLINE LO I SPLIT (PLAT BK. 23 PG. 42) I PAROEL 2 0.6551 acres I I T17LE EXCEPTED PARCEL OF LAND, REC. No. 10108� (BK 172 ® PG 320, INCORPORATED INTO BK 450 0 PG 972) I I FOUND 13 X10 X6" RED BASAL T STONE, MARKED 1/4 (S1/4 PER SUSPENDED 1882 BLM KIMBERL Y SURVEY) FOUND REBAR & CAP, L.S. 413166 5365.43' 132 9,5 - - - - I I ! PARCEL I 4 56.910 acres \ NORTH LINE LOT 24, SEC. 2 NW COR LOT 24, SEC. 2 1 FOUND REBAR & ALUM. CAP, L. S. 17168, ® NEW C FENCE CORNER \ I l7 FOUND FOUND REBAR & ,f5 REBAR CAP, L. S. 49175 7 FOUND REBAR & CAP, ILLEGIBLE 6 I 5 EAST LINE LOTS 1 14 & 23, SEC. 2 4 SOUTH LINE LOT SECTION 2.-• OLD FENCE Ell LINE & WIRE REMNANTS �O FOUND REBAR & W.C. CAP, LS. P9598 �J N 1/16 COR, SEC. 1 & 2 ESTABLISHED BY SINGLE PROPORTION BETWEEN 1889 BLM CUTSHAW & SE 1999 SURVEYS - EAST SECTION 2 LINE CALLS I� O I� I V O �I1-4 � h a N c. !ID V 80 rn I I W. C. E1/4 CORNER, SEC. 2 T FOUND 1998 BRASS CAP, L.S. /16129 ---7' TRUE CORNER BEARS: FOUND REBAR & �. 03 3134" W 77.35' CAP, L.S. ,¢%9598 1329.95' - - N 03"31'34" E 77.35' WEST LINE LOT 13, SEC. 2 NO FOUND OCCUPATIONAL EVIDENCE COLLABORATED BY PAROL TESTIMONY UrE i3UTTE TRACT (PLAT BK 4 ® PG 462) SW COR LOT 13, SEC. 2 FOUND REBAR & CAP, L.S. 15447 SEARS: S 46 00 09" E 8.39' WEST LINE LOT 24, SEC. 2 OLD SAWED OFF CEDAR FENCE POSTS & WIRE REMNANTS FOUND REBAR & CAP, L.S. #19598 RED BUTTE PARK (REC. No. 146821) WE6T ASPEN 6Uf5. FILING No. 3 (PLAT BK 3 ® PG 309) 2 FOUND ¢�5 REBAR 1 I MAROON 6REEK PARK SE CORNER LOT 23, �j (REC. No. 146821) SW CORNER LOT 24, (( I SECTION 2 1331,49' I S1/4 CORNER, SEC. 2 N 87"2�'33" W - - �1 _ _ 1331.49' FOUND 1954 BLM 2662.98' BRASS CAP CITY OF ASPEN MUNICIPAL GOLF COURSE SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 FOUND ,45 REBAR NO7FS.- 1) DATE OF SURVEY- OCTOBER, 1998 THROUGH MARCH, 1999, AUGUST, 2000. 2) DATE OF PREPARA770N• DECEMBER, 1998 71HR000H MARCH, 1999, AUGUST, 2000. 3) BASIS OF BEARING: N 000636" E ALONG THE EASTERLY LINE OF SEC77ON 13, BETWEEN THE NE CORNER SEC7701V 13, A FOUND REBAR (UNDER ASPHALT) AND THE E1/4 CORNER OF SECTION 13, A FOUND 1954 BLM BRASS CAP, 4) BASIS OF SURVEY.• THE SUSPENDED 1882 KIMSERLY GLO SURVEY OF A POR77ON OF T10S, R85W OF THE 6th P.M., THE 1889 LEONARD CUTSHAW GLO PLAT OF A POR77ON OF TIOS, R85W OF 7HE 6th PM., THE 1891 ALONZO ADAMS GLO PLAT OF 7HE ALLOTMENT OF SECTION 2 TIOS, R85W AND SECTION 35 T9S, R85W OF THE 6th P.M, THE 1917 ALONZO H. ADAMS GLO DEPENDENT RESURVEY PLAT OF A PORTION OF THE SUBOIVIS/ONAL LINES OF SAID TOWNSHIP, THE 1980 BLM RAY HARPIN DEPENDENT RESURVEY AND SURVEY PLAT OF SAID TOWNSHIP, VARIOUS INSTRUMENTS OF RECORD AND MINERAL SURVEY, SUBDIVISION, AND ANNEX477ON PLATS AS ARE RECORDED WIN THE PITKIN COUNTY CLERK AND RECORDERS OFFICE AND THE SHOWN FOUND MONUMENT477ON. 5) THIS SURVEY DOES NOT CONS777UTE A 77TLE SEARCH BY SOPRIS ENGINEERING, LLC (SE) TO DE7FRMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL INFORMA7ON REGARDING EASEMENTS, RIGHTS -OF -WAY AND/OR TITLE OF RECORD, SE - RELIED UPON THE 777LE COMMITMENT ISSUED BY PITKIN COUNTY TITLE, INC., CASE NO. PCT-10520A DA7FD ✓ULY 02, 1997 ALL TITLE EXCEPTIONS LISTED THEREIN ARE DEPICTED HEREON. 6) BASIS OF BEARING.- A BEARING OF N 877678" W BETWEEN THE SE CORNER OF SECTION 2 AND THE S 1/4 CORNER OF SECTION 2, BOTH BEING 1954 BLM BRASS CAPS IN PLACE. SAID BEARING IS RELA77OF TO THE HIGH ACCURACY REFERENCE NETWORK (H.A.R.N.) BASED 1998 CITY OF ASPEN CONTROL SURVEY WHICH ESTABLISHED A BEARING OF S 74'14 00" E BETWEEN THE 1998 DREXEL BARRELL 2 1/2" ALUM CAP MONUMENT AT THE INTERSECAONS OF GARMISCH STREET AND HOPKINS AVENUE AND WEST END STREET AND HOPKINS AVENUE. 7) BASIS OF ELEVA770N.• AN ELEVATON OF 7870.63' ON SAID S 1/4 OF SE077ON 2, A 1954 BLM BRASS CAP. SAID ELEVA7ON BEING RELA77VE TO AN ELEVATION OF 7720.88' (NA VD 1988) ON THE SLAUGHTER HOUSE BRIDGE BENCHMARK S 159. 8) CONTOUR INTERVAL: TWO FEET. THE CONTOUR INFORMATION SHOWN ON THIS SURVEY IS FROM CITY OF ASPEN-PITKIN COUNTY GIS TOPOGRAPHIC MAPPING. IMPROVEMENT LOCATION SURVEY CERTIFICATE I HEREBY STATE THAT THIS IMPROVEMENT SURVEY WAS PREPARED BY SOPRIS ENGINEERING, LLC. FOR CONNIE HARVEY. I FURTHER STATE THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE, AUGUST 8, 2000, EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE BOUNDARIES DA ES OF THE PARCEL EXCEPT AS SHOWN, THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED PREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES, EXCEPT AS INDICATED, AND THAT THERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID PARCEL, EXCEPT AS NOTED. I FURTHER STATE THAT THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS AND EASEMENTS OF RECORD OR IN PLACE. BY.' MARK S. BECKLER, L.S. #28643 COUNTY SURVEYOR'S CERTIFICATE DEPOSITED THIS DAY OF 2000, AT M., IN THE PITKIN COUNTY INDEX FOR INFORMATIONAL LAND SURVEY PLATS UNDER RECEPTION NUMBER BY.' PITKIN COUNTY SURVEYOR DATE: FILING INFORMATION: SECTION 2, TOWNSHIP 10 SOUTH, RANGE 85 WEST, OF THE 67H P.M. I I FOUND REBAR & CAP, L. S #9184 I FOUND REBAR & CAP, L.S. #25947 SOUTHEAST CORNER, SEC. 2 FOUND /954 BLM BRASS CAP GRAPHIC SCALE 300 O 150 300 600 1200 ( IN FEET ) 1 inch = 300 ft. 98110.D1 rn W IMPROVEMENT SURVEY PLAT C�ONSTAN�E HARVEY PROPERTY A PARCEL OF LAND SITUATED IN A PORTION OF SECTION 2, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. COUNTY OF PITKIN, STATE OF COLORADO SHEET 2 OF 3 FOUND REBAR & WC. CAP, L.S fl9598, TOP OF RIDGE REARS- S 0144 08" W 222.24' RL6 RL7 S 03;' RLS�,� h CL OF NWedy R/OGF �^ LINE OF RED BUTTE\C) 200 0 100 200 400 800 ( IN FEET ) 1 inch = 200 ft. ` \ RIGHT -OF -ACCESS ACROSS CAUDILL / PROPERTY FOR THE BENEFIT OF HARVEY C / PROPERTY AS RESERVED IN THAT DEED RECORDED AS RECEPTION 1106249 AND DESCRIBED THEREIN AS ALONG THE COURSE i OF A ROAD AS NOW CONSTRUCTED IN USE. '�. MAROON CREEK 0 N W N 79'55'00" 30.90 ' S 79 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. N 06'24'00" W % 250.40' N 05'18'00" E Y) 233. 70 pp ' N 07.29'00" W 151.60 ' I I N 01'14'00" E 233.40' COUNTY ROAD No. 12A - STAGE ROAD R I CHT-OF-WA Y PARCEL Z -' 0.655 acres RIGHT -OF -ACCESS TO CAUDILL PROPERTY AS RESERVED IN THAT DOCUMENT RECORDED AS RECEPTION 4101081 SCALE: I" = 100' PARCEL 2 DETAIL ro f.,52' RCEL OF LAND \ II CORDED IN 172 @ PG 320 _-- 9 DDO'00 �� E 184,00 00p0W 7¢ Op •Op" CAUDILL ��5`00 POINT OF BEGINNING PARCEL 2 PROPERTY DESCRIPTION THIS SURVEY 5114 CORNER, SEC. 2 BEARS: S 25'41 '59" W 952. 42' POINT ON SOUTH LINE OF-/ LOT 23, POINT BEING 450' EASTERLY OF THE SW CORNER OF SAID LOT 23 SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 ACCESS EASEMENT I 30' EASEMENT FOR A I RIGHT-OF-WAY AS RESERVED IN THAr DOCUMENT RECORDED AS RECEP !ON ,¢1256030 D 15 REBAR _ I - SW CORNER LOT 24,1 SEC. 2 SW CORNER LOT 7, IWEST ASPEN SUB., FILING No. 3 --NORTH LINE I LOT 26, SEC. 2 `EXISTING OLD FEN C & FENCE REMNANTT�'' rn I rn POINT OF BEGINAWG PARCEL 1 DESCRIPTION THIS SURVEY I \ I 3 \ \ \ I Z o• I o � I 2 w\1 I I \ I 5114 CORNER, SEC. 2 FOUND 1954 BLM BRASS CAP N 0052 27' E 364.36' FOUND REBAR & CAP, L. S. #13166 274' t TO PROPERTY BOUNDARY ra SINGLE FAMIL Y LOG HOME 7' WELL-1/ '1/0' 7' <o CENTERLINE MAROON CREEK LINE TABLE LINE I DIRECTION I DISTANCE ML 1 N 3100 58 W 67.05 ML2 N 222406" WW 3-779 ML3 N 16 06 53' W 30.78' ML4 N 36 02 53 E 41.96' ML5 N 572843 E 96.86, ML6 N 254704" E 8D.82' ML7 N 0704 06 E 149.16 ML8 N 213025 E 65.09' ML9 N 032743 W 43.79 25' WEST OF THE WEST BANK OF MAROON CREEK LINE TABLE LINE DIRECTON I DISTANCE BL 1 N 22 49 58" W 38.36 842 N 1520'15 W 110, 87 BL3 N 003120 W 104.27' 844 N 143304" E 136.02' BL5 N 2742 15 E 89.93 BL6 N 7635 09 E 113.63' 8L7 N 0055'18 E 105.24' BL8 N 25.1220" W 142.26 BL9 N 007945 E 74.66 BL 10 N 262044 E 108.68' BL 11 N 2123'44 W 149.37 SL 72 N 34 04 39" W 83. 40 BL13 N 1043'11' E 113.51' BL14 N 2720'14" E 67.87 BL 15 N 0829 38 E 204.20' BL 16 N 1134 23" W 114.46 BL17 N 005624" E 123.60 BL 18 N 13 07 Of W 151.85 BL 19 N 0109'48 E 148. 11' BL20 N 135239" W 156, 08' BL21 S 85'13'30 " W 116.68 BL22 N 483731 " W 167.69' BL23 N 187623' E 56.12' BL24 N 24 5142 W 195.40 BL25 N 132359' E 135.37 BL26 N 3109 41 " E 73.27' 8L27 N 60 42 40 W 182.74 BL28 N 2924 53 W 106,14 BL29 N 46 03 31 " W 81.33 BL30 N 305034" W 150.94' BL31 N 4929'40" W 106.31, CENTERLINE NWer/y RIDGE LINE OF RED BUTTE LINE TABLE LINE DIRECTION I DISTANCE RL 1 S 1153'37 E 86.45' RL2 S 5678'05 E 122.31' RL3 N 84 5638 ' E 62.52 RL4 S 7500'15" E 126.82 RL5 N 7852'12 E 23.03' RL6 S 34 00 19 E 32 47' RL7 S 114244" E 91.41, PROPERTY BOUNDARY LINE TABLE LINE DIRECTION I DISTANCE P0 S 002730 W 53, 90' PL2 S 02 53'00- W 282.00 PL3 S 0125'30 W 125.00' PL4 S 0129,00" W 115.00 PL5 S 0233'00 W 95.00 PL 6 S 02 07 00 W 74, 20' PL7 S 055730" W 21.00' PL8 N 49 06 08 W 63.75' r2l Al �1 -r OFFICE -WORKSHOP SCALE: f " = 50' LOG BUILDING IMPROVEMENT AREA DETAIL LEACH N FIELD 19.4' , 14.9' - WOOD DECK WOOD DECK 24. 6' GARAGE CONC. PAD UNDERGROUND tlso)STORAGE SHEL TER WOOD DECK SHED, ,K 22 5' SINGLE FAMIL Y LOG HOME PUMP WELL® HOUSE SEPTIC ' TANK 15.4'^ 254' t TO 3$ 3' PROPERTY BOUNDARY HOT TUB No 16 WOOD DECK GRAVEL DRIVE & PARKING SINGLE FAMILY WOOD DECK LOG TACK LOG HOME SHED NOTE.• 142' f TO ALL STRUCTURES SHOWN HEREON PROPERTY BOUNDARY ARE PLOTTED BASED ON FIELD SURVEY DATA IMPROVEMENT SURVEY PLAT P-110PERTY A PARCEL OF LAND SITUATED IN A PORTION OF SECTION 2, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. COUNTY OF PITKIN, STATE OF COLORADO SHEET 3 OF 3 RANGE STATIS77CS RANGE BEG. END. AREA PERCENT 1 0.00 45.00 1,257, 089.91 607 (INCLUDES MAROON CREEK) 2 45.00 VER77CAL 814,997.27 39.3 PROPERTY OUTSIDE GIS CONTOUR COVERAGE FROM EAST BANK OF MAROON CREEK TO EASTERLY PROPERTY BOUNDARY CONSIDERED 45X AND S7EEPER 303,955 S.F. FROM EAST BANK OF MAROON CREEK TO WESTERLY PROPERTY BOUNDARY CONSIDERED LESS THAN 45Z SLOPES 102,958 S.F. (INCLUDES MAROON CREEK) TOTALS 45Z AND GREATER 1,118, 952 48 39% OF PARCEL 1 LAND AREA LESS THAN 459 1,360,047 - 166,671 (MAROON CREEK) 51.619 OF PARCEL I LAND AREA NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATIDN SHOWN HEREON. GRAPHIC SCALE 100 0 50 100 200 400 ( IN FEET ) 1 inch = 100 ft. SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 SITE DEVELOPEMENT PLAN u'�1VrJ�til�HARVEY PROPERTY A PARCEL OF LAND SITUATED IN A PORTION OF SECTION 2, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE COUNTY OF PITKIN, STATE OF COLORADO SHEET 1 OF 1 LAND USE TABLE ACRES FEET' LOT 1 1.012 44,081 BUILDING ENVELOPE 0.140 6,091 LOT 2 2.033 88,569 GRAPHIC SCALE BUILDING ENVELOPE 0.247 10,752 100 0 50 100 200 400 LOT 3 53.865 2,346,349 BUILDING ENVELOPE 2.345 102,132 ( IN FEET ) 1 inch = 100 ft. TOTAL (PARCEL 1) 56.910 NOTE; LOT ACERAGES INCLUDE BUILDING ENVELOPE ACERAGES NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY AC11ON BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 6th P.M. 98110.01 09 /05 /00 110SITE.DWG I 0 HARVEY PROPERTY I CONCEPTUAL SUBDIVISION/PUD APPLICATION F I AN APPLICATION FOR CONCEPTUAL SUBDIVISION/PUD APPROVAL FOR THE HARVEY PROPERTY Submitted by: Constance Harvey 1100 Stage Road Aspen, CO 81611 (970) 925-3502 Prepared by: VANN ASSOCIATES, LLC Planning Consultants 230 East Hopkins Avenue Aspen, CO 81611 (970) 925-6958 1 1 1 1 PROJECT CONSULTANTS PLANNER Sunny- Vann, AICP Vann Associates, LLC 230 East Hopkins Avenue Aspen, CO 81611 (970) 925-6958 ATTORNEY Timothy McFlynn, Esq. McFlynn & Associates, P.C. 1280 Ute Avenue, Suite 10 Aspen, CO 81611 (970) 925-2211 WATER RIGHTS Gary L. Beach Beach Resource Management, LLC 715 West Main Street Aspen, CO 81611 (970) 925-3475 ,�71�11��►[�11►1��:� Jay W. Hammond, P.E. Schmueser Gordon Meyer, Inc. P.O. Box 2155 Aspen, CO 81612 (970) 925-6727 SURVEYOR Mark S. Beckler, L.S. #28643 Sopris Engineering, LLC 502 Main Street, Suite A3 Carbondale, CO 81623 (970) 704-0311 i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TABLE OF CONTENTS Section I. INTRODUCTION II. PROJECT SITE III. PRIOR REGULATORY APPROVALS IV. PROPOSED DEVELOPMENT V. REVIEW REQUIREMENTS A. Subdivision B. Planned Unit Development C. 1041 Hazard Review D. Special Review E. Growth Management Exemption APPENDIX A. Exhibit 1, Pre -Application Conference Summary Exhibit 2, Title Commitment Exhibit 3, Permission to Represent Exhibit 4, Application Fee Agreement Exhibit 5, List of Adjacent Owners B. Exhibit 1, Non -Merger Certificate Exhibit 2, Building Permit No. 7-276 C. Exhibit 1, BOCC Resolution No. 98-2 ii Page 1 2 8 9 17 17 27 28 30 32 1 1 1 1 TABLE OF CONTENTS Section APPENDIX Exhibit 2, Community Development Department Administrative Decision Exhibit 3, Hearing Officer Determination D. Exhibit 1, Schmueser Gordon Meyer Engineering Report Exhibit 2, Letter from Gary L. Beach re: Water Supply iii Page I. INTRODUCTION The following application requests conceptual subdivision approval to subdivide the Harvey property, which is located at 1100 Stage Road in unincorporated Pitkin County, into three single-family lots (see Pre -Application Conference Summary, Exhibit 1, Appendix A, attached hereto). In addition, the application requests planned unit development (PUD) approval to vary the minimum lot area and lot width requirements of the property's underlying zone district; 1041 hazard review approval for two of the subdivision's proposed building envelopes; and special review approval and a growth management quota system exemption (GMQS) to develop one of the lots utilizing a transferable development right (TDR). Vested property rights status is requested for all approvals granted pursuant to this application. The application is submitted pursuant to Sections 3-80, 3-150, 3-170 and 3-210 of the Pitkin County Land Use Code by Constance Harvey, the owner of the property and project applicant (see Title Commitment, Exhibit 2, Appendix A). Permission for Vann Associates, LLC, Planning Consultants, to represent the Applicant is attached as Exhibit 3, Appendix A. An executed application fee agreement and a list of adjacent property owners are attached as Exhibits 4 and 5, Appendix A, respectively. The application is divided into five sections. Section I provides a brief introduction to the application while Section II describes the project site. Section III summarizes the property's prior approval history while Section IV of the application outlines the Applicant's development proposal. Finally, Section V addresses the proposal's compliance with the applicable review criteria of the Land Use Code. For the reviewer's convenience, all pertinent supporting documents relating to the project (e.g., prior approval resolutions, etc.) are provided in the various appendices to the application. 1 I 1 While the Applicant has attempted to address all relevant provisions of the Code, and to provide sufficient information to enable a thorough evaluation of the application, questions may arise which require further information and/or clarification. The Applicant will provide such additional information as may be required in the course of the application's review. II. PROJECT SITE The project site consists of two separately described metes and bounds parcels, both of which are zoned AFR-10, Agricultural/Forestry/Residential. As the Improve- ment Survey on the following pages illustrates, Parcel 1 contains approximately fifty- seven acres and is located adjacent to Maroon Creek and the base of Red Butte. A portion of Parcel 1's eastern boundary and all of its southern boundary abuts the Aspen City Limits. Lots 1 through 7, Filing No. 3, of the West Aspen Subdivision are located adjacent to Parcel 1 in the southeast corner of the property. Maroon Creek traverses the length of the Parcel's western boundary. ' Parcel 2 contains approximately 0.7 of an acre, and consists of a thirty foot road right-of-way which extends in a southerly direction from the eastern terminus of Stage Road (a/k/a, County Road 12A) to the Caudill property which abuts the southwest corner rof Parcel 1. Legal access to Parcel 1 from Highway 82 is provided via Stage Road, a private driveway which is located within the Parcel 2 right-of-way, and an easement ' across the adjacent Caudill property. Access is also available to the southeast corner of ' the property via an easement across Lot 1 of the West Aspen Subdivision. 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I I FURTHER STATE THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED SW Ca? LOT 1,1 M-C 2 I PARCEL ON THIS DATE, AUGUST 8, 2"a' EXCEPT UTTLITY CONNECTIONS, ARE FOND REBAR 8 CAP, .4 ENTIRELY WITHIN THE BOUNDARIES OP THE PARCEL . EXCEPT AS SBOWN, LS F 7 BEARS' 5 46vo oB' E 839 No THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED PREMISES BY I'Mm R.� 8 w ITHArMPROVEMENTS fMPRDYEMENTS ON ANY ADJOINING PREMISES, EXCEPT AS INDICATED, AND CAP, LS JA9598 Im THAT THERE IS NO APPARENT ZWDSNCE OR SIGN OF ANY EASEMENT IAv CROSSING OR BURDENING ANY PART OF SAID PARCEL, EXCEPT AS NOTED. I FURTHER STATE THAT THIS PROPERTY IS SUBJECT TO RESERVATIONS, i NEST LAAE LOT 24 SEC 1 I RESTRICTIONS, COVENANTS AND EASEMENTS OF RECORD OR !N PLACE. OLD E40M OT CEW FVKr I I W POS1S 8 MARE REAN64IV75 8Y.• I MARK S. BdCElA'R, LS. E28849 3 RID ftfM PPRC 12 (lFa Nw 145M) COUNTY SURVEYOR'S GERIIFICATEC�BTIFS 1•NN DEPOSITED IRIS DAY OF 2000. AT M., IN Lr THE PITAIN COUNTY INDEX FOR lNFORMATJONAL LAND SURVEY PLATS UNDER I� RECEPTION NUMBER ryE$T /5FEN $(A. 0 6, FL7MD F5 REBAR BY.' / AL&G Ala J PlTE/N COUNTY SURVEYOR (RAT m J O PS JU9) I x I DATE: PILING INPORM4I7ON.• SECTION 2, TONWSHIP 10 SOUTH. RANCE 85 WEST, OF THE 6TH P.M. 15 REIM / I 1 MAROON CRE6C P1VaC FOAVD REDAR } CAR, L S /9I84 ff GYNAIX LOT 2_i (ffC RN N&M,, , SW Ove" 407 24 gn+• 2 W, LSS. �`47 GRAPHIC SCALE - - --- _ _ _IJX.49' 57/4 C170N7R SEC 2 A�aly BRASS CM ASPEN ro,577O1 45 CO'NE7Z SFG 1 BLV LEI FEET ) ANIr coforw BRASS CAP ff'uT CAP 1 mrL = 300 fL SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 11 11 I 11 MPROVEMENT SURVEY PLAT CONSTANCE HARVEY PROPERTY A PARCEL OF LAND SITUATED IN A PORTION OF SECTION 2, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. COUNTY OF PITKIN, STATE OF COLORADO SHEET 2 OF 3 FQ.TO RESAR a KC. CA,? 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N 35 C 11.96 AE5 N 577 4.T E A6 KL6 N SV E aaWl rd7 N 07f4M E 149.M IRB N2IWf 65w NL9 N 0J7' Ir 79 25" JEST OF 7w AEST B. w Ol MAROON OREEK L#W TABLE CLNRi9.RE ~f RILIGF LOW LT AM BUTTE LW TABLE 4m O/RECiKW d5iAM7 RLI S 1J 37 E m 1d2 S 36 E 12?.JI aJ N 8#W E RL! S 75W'15 E ?26. 35 N 785712 E ZL NL S 31TG 9 E J .9 RU S f1 1! E 91.41 PRO ERrY BO/A1006RY LAZE TABLE tALL 1AIFfC C26 at S OO 7J0' w 5J PL7 s 0Z GO w 28200 PLJ S of 75J0 w 12500 ff S 0179 W //300 PCS S 071 GD w 9500 S 020 GO w N. 7 R PL s 5w JO w If LO PLB DS N l9 w GI75 - - SCALE: 1- t 50' LOO LLAELA G SILORM lYPMJpEyENT RRd BETAlG a1 h \ \ SE FAiiLY C ; % 7 S1 S78P W \' LOG 1/LYF A now LCIX 70C2 PARCEL. OF /J b\ \ `. \ MQL® 140'fircawa 9A9 .p• N B;.y g BK 172 1 PC 320 \, - . M ` �\ h 2Ct7' Q FAVX CLOG Ho Y pEL(� 1 ✓/LYISE y M srRc N O7'Op r�s;?s ; - �°D_e ,sl. A7" g - e LEAa+ �a---�r ,,.� Ef \ ^ N .FA2D TA 1J!'� 251'3T0 `_� 1 _ rAacwfRm BLr.9oAxr CAUDILL POINT Llr BEG/ANIAG PARCEL 2 PROPERTY I9,!' I!9' GrcK DfSMIPT/ON THIS 57.IPYEY /j - 0' NOT 7LB 5114 COWER. SEC. 2 GEARS: / 325 •41 '59' w 952.l , _/ .- LOT 2 . POINT L /AE 45 i Y IILCD DECK LOT 2J. POINT BF/AG 150' M1 \6 CRAWL RRIY£ EASTERLY MEL SW GiK11ER 9000 oECY( 246• e.;� a PARKBYG Cr SAID LOT 07 IJ CARACY CXW. PAD m AM1 C// SN&C FAIRY low afar 1 LOO IAae Loa !✓LY 9CD Moir. SOPRIS ENGINEERING - LLC I.2" t TD ALL sZOMV 84 ED aV MgXFARD R 142''ENIY BCCnOARY ARE PLOTTED S V I LW FA'30 sLR1£Y M 7A CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 YI,6d mfi6Ap f1w ^ The topography of Parcel 1 consists primarily of two distinct areas. A relatively large flat area is located adjacent to Maroon Creek in the central and southern portions of the property. The northern and eastern portions of Parcel 1 contain the steeply sloping lower Red Butte hillside. Two small bench areas, however, are located above the lower flat area in the southeast corner of the parcel. Natural vegetation consists of spruce, cottonwood, alder and willow, which are located within the riparian areas adjacent to Maroon Creek. Numerous mature aspen and spruce trees are scattered throughout the flatter portions of the property. Natural vegetation on the lower Red Butte hillside is limited to various mountain shrubs, including Gambel's oak, serviceber- ry, chokecherry and sagebrush. Several small beaver ponds and wetland areas, which appear to be supported by a series of springs and seeps, are located near the northern end of flat area. Man-made improvements to the property include the Applicant's single-family residence, a detached garage, a small shop building, two cabins, a tackroom and several sheds, all of which are clustered together within the flat area near the southern end of Parcel 1. With the exception of the garage and tackroom, all of the structures were built by Raymond and Ruth Maxwell (the Applicant's predecessor in title) in the mid to late 1940s. The two cabins, which have historically been occupied by various members of the Applicant's family and their guests, were legally constructed prior to the County's issuance of building permits. Both cabins meet the County's definition of a dwelling unit as they each contain a kitchen and a bathroom. The smaller of the two cabins was remodeled in 1997 (see Building Permit No. 7-276 and the architectural drawings attached thereto, Exhibit 2, Appendix B) in anticipation of its deed restriction as a detached caretaker dwelling unit. The remodeled cabin contains one bedroom, a bathroom and approximately seven hundred and sixty 1 square feet of floor area. The second cabin contains one bedroom, a bathroom and approximately eleven hundred square feet of floor area. The Applicant's residence, the adjacent garage and the shop building contain approximately forty-five hundred, six hundred, and thirteen hundred square feet, respectively. All of the structures are of log construction. Additional man-made improvements include the Parcel 2 driveway which provides vehicular access to Parcel 1 and the Caudill property, various fences and numerous small irrigation ditches and structures. Existing utilities in the immediate site area include an eight inch municipal water line; a twelve inch Aspen Consolidated Sanitation Department (ACSD) sewer; and electric, telephone, natural gas and cable TV service. All of these utilities are available in Chatfield Road, a municipal street which provides access to Lots 1 through 7 of the West Aspen Subdivision. Electric, telephone, natural gas and cable TV service is also available within Parcel 1 from the existing lines which presently serve the property's various structures. Fire protection in the Chatfield Road area is provided by a municipal fire hydrant located near the intersection of Chatfield Road and Homestake Drive. Potable water for the Applicant's residence and the two cabins is provided from a well (Permit No. 20107) located in the vicinity of the remodeled cabin on Parcel 1. An unpermitted well, which is located adjacent to the existing shop building, provides irrigation water for the property's landscaping. Each of the three residential structures is serviced by an individual sewage disposal system (ISDS). As the Improvement Survey illustrates, the so-called Aspen Highlands Trunk Sewer, which conveys wastewater from the Aspen Highlands Water and Sanitation District to the ACSD treatment plant, traverses the lower Red Butte hillside. 7 1 1 11 III. PRIOR REGULATORY APPROVALS In January of 1998, the Board of County Commissioners (BOCC) granted special review approval to the Applicant for the conversion of the smaller of the two cabins located on Parcel 1 to a caretaker dwelling unit (see BOCC Resolution No. 98-2, Exhibit 1, Appendix Q. The Applicant's intent in deed restricting the existing dwelling unit is to permit the construction of a replacement single-family residence for her daughter and son-in-law elsewhere on the property. The deed restriction for the caretaker unit is to be recorded concurrent with the final plat for the lot which the Applicant proposes to create to accommodate the replacement residence (see Community Development Department Administrative Decision, Exhibit 2, Appendix Q. The Applicant received 1041 hazard review approval for a site specific building envelope for the replacement single-family residence in April of 1998 (see Hearing Officer Determination, Exhibit 3, Appendix Q. The construction of the new residence was determined to be exempt from the County's growth management quota system regulations pursuant to Section 3-150-040.B.2. of the then Land Use Code. The exemption in question permits the replacement of one existing single-family dwelling unit on a legally created lot and an increase in the replacement unit's floor area. At the time of the Applicant's 1041 approval, the replacement exemption was available in both the Metro and Non -Metro growth management areas. While BOCC Ordinance No. 23-2000 revised various provisions of the exemption in the Non -Metro Area, the original exemption language continues to apply within the Metro Area. Pursuant to Ordinance No. 23, the Metro area now consists of the portion of unincorpo- rated Pitkin County which is located within the Aspen Area Urban Growth Boundary. As both Parcels 1 and 2 are within the Urban Growth Boundary, an exempt development 8 11 1 1 right continues to be available with which to construct the proposed replacement residence in the previously approved building envelope. To obtain a building permit, the Applicant need only record the deed restriction for the caretaker dwelling unit and comply with the various conditions of the property's prior development approvals. The Applicant's prior caretaker dwelling unit and 1041 hazard approvals are subject to several conditions which must be met in connection with the deed restriction of the existing cabin and the construction of the replacement residence. More specifically, the Community Development Department and Aspen/Pitkin County Housing Authority staff must inspect the caretaker unit, and the Applicant must obtain a permit for the unit's individual sewage disposal system, prior to recordation of the deed restriction. The conditions of the Applicant's 1041 hazard review approval pertain primarily to compliance with the County's wildfire guidelines. The 1041 approval, however, also requires that the Applicant enter into a service agreement with the City for the provision of municipal water to the replacement residence and obtain a permit from the Aspen Consolidated Sanitation District for the provision of sewer service to the residence. All of these conditions will be met by the Applicant as provided for in the various approval documents. IV. PROPOSED DEVELOPMENT The Applicant proposes to subdivide Parcel 1 into three single-family lots. As the Site Development Plan on the following page illustrates, Lot 1 will contain approximately one acre and the previously approved building envelope. The purpose of the new lot is to allow the conveyance of the lot and the replacement residence to be constructed thereon in fee simple, and to facilitate the negotiation of the required water service agreement with the City. The proposed lot and its building envelope are located E Alm MIT Ion a small bench in the southeast corner of Parcel 1. The lot abuts the Aspen City Limits and Lots 1, 2 and 3 of the West Aspen Subdivision. Access to the building envelope is provided from Chatfield Road via an easement across Lot 1 of the West Aspen Subdivision, which was previously owned by the Applicant. As presently envisioned, the new lot will be served by municipal water and the Aspen Consolidated Sanitation District's sewer system. Lot 2, which will contain approximately two acres, will be retained by the Applicant and is intended to accommodate a small single-family residence which is more rsuitable in size to her present needs. The proposed lot is located near the southwest corner of Parcel 1 and a site specific building envelope has been designated thereon. Access to the building envelope will be provided from the existing driveway which serves presently the property. Potable water will be provided via a new exempt well. An individual sewage disposal system will be installed to accommodate the proposed residence's wastewater. The development right for the new residence will be obtained via the Applicant's acquisition of a transferrable development right. Lot 3 will consist of the remainder of the property (approximately fifty-four acres) and will contain the Applicant's existing residence, the deed restricted caretaker dwelling unit, the remaining cabin, and the property's various accessory structures. These �j structures will continue to be utilized by the Applicant and her family for the foreseeable future. As the Site Development Plan illustrates, a building envelope has also been designated on Lot 3 which encompasses all of Parcel 1's existing structures. Potable water and wastewater disposal for these structures will continue to be provided by the existing well and individual sewage disposal systems. No improvements to Lot 3 are proposed at this time. r I 11 1 1 I 1 While there is presently no floor area ratio in the AFR-10 zone district, the Applicant proposes to voluntary limit the size of the new residences to be constructed on Lots 1 and 2, and any replacement residence to be constructed on Lot 3. More specifically, Lot 1 will be limited to a maximum floor area of 5,750 square feet, inclusive of any future caretaker dwelling unit in the event constructed. Lot 2 will be limited to a maximum floor area of five thousand square feet. A maximum floor area of ten thousand five hundred square feet is proposed on Lot 3 as this lot will contain the Applicant's existing residence, a caretaker dwelling unit, the remaining cabin, the workshop and various accessory structures, all of which most likely must be included in the calculation of allowable floor area. All floor areas will be calculated based on the floor area regulations in effect at building permit. As the Applicant proposes to develop Lot 2 as a TDR receiver site, one transferrable development right will be required to accommodate the lot's proposed floor area. Pursuant to Section 3-150-160-B.5.b. of the Land Use Code, a TDR entitles its owner to one single-family dwelling unit exempt from the County's growth management regulations with a floor area of up to five thousand square feet. The transfer of the required TDR to the proposed receiver site, however, is subject to special review approval. While current regulations require that the TDR be transferred from a property zoned RR, Rural/Remote, and located within the Metro GMQS area, the TDR need not be obtained prior to the receipt of the required approval. The Applicant is presently exploring various options with respect to the acquisition of a TDR, and will provide a TDR certificate prior to submission for a building permit for her new residence. The approved building envelope on Lot 1 and the proposed envelopes on Lots 2 and 3 have been located to completely avoid all identified areas of 1041 hazard concern. All development (i.e., grading, vegetation removal, utilities, landscaping, 12 11 1 i 1 1 I 1 fencing, etc.) except driveway construction on Lots 1 and 2 will be limited to the building envelopes. Given the size of the envelope on Lot 2, permission is requested to located its well and/or ISDS outside of the building envelope subject to the review and approval of the Community Development and Environmental Health Departments. As Lots 1 and 2 will each contain less than ten acres, the Applicant proposes to vary the minimum lot area requirement of the underlying AFR-10 zone district pursuant to the County's planned unit development regulations. The proposed subdivision's average lot area, however, is approximately nineteen acres, which substantially exceeds the district's ten acre minimum lot area requirement. The reduced size of Lots 1 and 2 will also necessitate a variance in the zone district's minimum lot width requirement. No other PUD variations are required to accommodate the proposed development. With the exception of the size and width of Lots 1 and 2, the proposed develop- ment complies with all of the dimensional requirements of the AFR-10 zone district. As Table 1, below, indicates, sufficient land area is available to accommodate the subdivision's proposed density, and the individual building envelopes meet or exceed all applicable setback requirements. While there is no open space requirement in the AFR- 10 zone district, it should be noted that approximately fifty-four acres, or ninety-five percent of Parcel 1, will remain undeveloped. Table 1 DEVELOPMENT DATA Harvey Subdivision/PUD 1. Existing Zoning AFR-10 2. Total Site Area (Acres)' 57.6 Parcel 1 56.9 Parcel 2 0.7 13 1 3. 4. 5 RI 7 8 9 10. Minimum Required Lot Area (Acres) 10 Proposed Lot Area (Acres) Lot 1 1.0 Lot 2 2.0 Lot 3 53.9 Minimum Required Lot Area/Dwelling 10 Unit (Acres) Total Required Lot Area (Acres) 40 Applicant's Residence 10 Existing Cabin 10 Approved Caretaker Dwelling Unite None 2 New Single -Family Residences 20 Minimum Required Open Space None Proposed Open Space (Acres)' 54 Minimum Required Setbacks (Feet) Front Yard Lots <_ 3 Acres 30 Lots >_ 10 Acres 100 Side Yards Lots <_ 3 Acres 20 Lots >_ 20 Acres 50 Rear Yard Lots < 10 Acres 30 Lots >_ 10 Acres 50 Proposed Setbacks (Feet) Front Yard Lot 1 50 Lot 2 57 Lot 3 100 14 A N 1 1 A 1 1 1 1 1 1 1 1 1 1 I 1 Side Yards Lot 1 > 20 Lot 2 > 20 Lot 3 >_ 50 Rear Yard Lot 1 > 30 Lot 2 70 Lot 3 > 50 11. Minimum Lot Width (Feet) 400 12. Proposed Lot Width (Feet)' Lot 1 300 Lot 2 300 Lot 3 > 400 13. Maximum Building Height (Feet) Principal Structure 28 Accessory Structures 20 14. Proposed Building Height (Feet) Principal Structure 28 Accessory Structures 20 15. Maximum Allowable Floor Area' None 16. Proposed Floor Area Limitation (Sq. Ft.) Lot 1 5,750 Lot 2 5,000 Lot 3 10,500 17. Minimum Required Parking 2 Spaces/Dwelling Unit 18. Proposed Parking 2 Spaces/Dwelling Unit ' All acreages have been rounded to the nearest tenth of an acre. 15 I 1 11 1 1 I 1 a Pursuant to County policy, caretaker dwelling units are excluded from the calculation of density and minimum lot area requirements. 3 Exclusive of Parcel 2 and the designated building envelopes on Lots 1, 2 and 3. a Measured from the access side of the lot. 5 Measured congruent with the front yard setback line. 6 While there is no floor area ratio in the AFR-10 zone district, residential square footage is limited to a maximum of 15,000 square feet of floor area unless otherwise approved by the BOCC pursuant to Special Review. Pursuant to the County's definition of "lot area", land under natural water courses and areas within any public or private right-of-way must be subtracted from a property's gross area for purposes of calculating allowable density. As discussed previously, Parcel 2 contains the property's main access driveway and is encumbered with an access easement that runs to the benefit of the adjacent Caudill property. As a result, the area of the parcel (approximately 0.7 acres) must be excluded for density purposes. While no rights -of -way are located within Parcel 1 which require exclusion, approximately 3.8 acres of the parcel lies within Maroon Creek. The property's net lot area after adjustment for rights -of -way and land under water, therefore, is approximately 53.1 acres, calculated as follows. 0.7 Acres Right -of -Way + 3.8 Acres Land Under Water = 4.5 Acres 57.6 Acres Gross Area - 4.5 Acres = 53.1 Acres Net Lot Area In addition, Section 3-60.070 of the Code requires a reduction in allowable density when more than thirty percent of the area of a property is encumbered by slopes of forty-five percent and greater. As the Improvement Survey illustrates, the area of Parcel 1 containing such slopes totals approximately 25.7 acres, or forty-eight percent of the parcel's net lot area. As a result, a reduction in allowable density of eighteen 16 1 percent is required due to the presence of steep slopes. Based on a net lot area of 53.1 acres, an eighteen percent reduction in density due to steep slopes, and the AFR-10 zone district's ten acre, minimum lot area per dwelling unit requirement, theproperty's maximum allowable density is four units calculated as follows. 53.1 Acres Net Lot Area _ 10 Acres/Dwelling Unit = 5.3 Dwelling Units 5.3 Dwelling Units x 0.18 Reduction = 0.95 Dwelling Units 5.3 Dwelling Units - 0.9 Dwelling Units = 4.4 Dwelling Units Site grading is anticipated to be minimal, and will be confined to the individual driveways which will serve Lots 1 and 2, utility installations and the building envelopes. All disturbed areas will be replanted with appropriate vegetation to prevent erosion and reduce visual impacts. All required access and utility easements, the conditions of subdivision/PUD approval, and various other provisions which will govern the proposed subdivision will be memorialized by the Applicant in a subdivision/PUD agreement which will encumber the three residential lots. The agreement will be prepared and submitted in connection with the Applicant's detailed subdivision/PUD application. V. REVIEW REQUIREMENTS The proposed development is subject to subdivision, planned unit development, 1041 hazard and special review approval. Two exemptions from the County's GMQS regulations are also required. Each of these review requirements is discussed in detail below. i A. Subdivision Pursuant to Section 5-20-030 of the Land Use Code, applications for subdivision approval must comply with the applicable review criteria of Sections 3-60, 1 17 ri A I 1 1 1 r 1 k I 3-70, 3-80, 3-110, 3-120, 3-130 and 3-180. The specific review criteria, and the proposed development's compliance therewith, are summarized below. 1. Section 3-60-020: Air Quality. Given its relatively low density, the proposed development should have no significant impact on air quality in the immediate site area. The subdivision/PUD agreement which will govern the development of the three residential lots will require each lot owner to comply with the County's fire- place/wood stove regulations in effect at the time of issuance of a building permit. In the event required, fireplace/wood stove permits will be obtained from the Environmental Health Department prior to building permit issuance. 2. Section 3-60-030: Preservation of Natural Landscape. The proposed development will have no adverse effect upon the natural landscape. Site grading is anticipated to be minimal, and will be confined to the individual driveways which will serve Lots 1 and 2, utility installations, and the building envelopes. All utility extensions will be located underground and all disturbed areas will be revegetated. As the Site Development Plan illustrates, access to Lots 2 and 3 will be provided by the property's existing access road, thereby minimizing site disturbance associated with the construction of new roads. Access to Lot 1 will be provided via a new driveway from Chatfield Road across Lot 1 of the West Aspen Subdivision. 3. Section 3-60-040: Scenic Overlay. The County's scenic overlay regulations do not apply to the proposed development as the Applicant's property is not located within a designated scenic area. 4. Section 3-60-050: Scenic Quality. As the Site Development Plan illustrates, the single-family building envelopes have been located so as to minimize the impact of development. No significant alterations to the natural landscape are 11:3 1 1 I 1 1 proposed. Road construction will be limited to the individual driveways which will serve Lots 1 and 2, and all utility extensions will be located underground. While the previously approved building envelope on Lot 1 will be visible to varying degrees from neighboring single-family residences, it is located on a bench which is lower than the adjacent lots. The new residence to be developed on Lot 2 will have no adverse visual impact on any neighboring properties. To further reduce potential visual impacts, the proposed development's subdivision/PUD agreement will require compliance with the County's lighting standards. 5. Section 3-60-060: Solar Access. Given the size of the proposed building envelopes and the lack of significant tree cover within the proposed lots, solar access can be accommodated in the design of the future residences. 6. Section 3-60-070: Reduction in Density for Steep Slopes. As discussed previously, approximately forty-eight percent of Parcel 1 is encumbered with slopes of forty-five percent and greater. As a result, an eighteen percent reduction in allowable density is required due to the presence of steep slopes. Based on a net lot area of 53.1 acres, an eighteen percent reduction in density, and the AFR-10 zone district's ten acre, minimum lot area requirement, Parcel 1's maximum allowable density is four dwelling units. 7. Section 3-70-020: Encroachment or Channeling. No develop- ment within the Maroon Creek riparian area is proposed. As the attached engineering report prepared by Jay W . Hammond, P.E. , of Schmueser Gordon Meyer, Inc., Consulting Engineers indicates (see Exhibit 1, Appendix D), the existing bridge crossing at Maroon Creek is in good condition and is adequate to provide both private and emergency vehicle access to Lots 1 and 2. 19 1 1 I u [1 [1 I 1 1 8. Section 3-70-030: Drainage. As Schmueser Gordon Meyer's engineering report indicates, the proposed development will have no adverse effect on Parcel 1's historic drainage patterns. The property's existing drainage patterns will be essentially maintained. The subdivision/PUD agreement which will govern the development of the three residential lots will require positive grading away from the residences, the diversion of upslope water from all buildings sites, and on -site detention of flows from roofs and other impervious surfaces to prevent sediment from impacting area drainages, irrigation ditches or Maroon Creek. To insure compliance with applicable County regulations, the agreement will also require the submission of site specific drainage plans in connection with the issuance of individual building permits for the proposed residences and access permits for their respective driveways. 9. Section 3-70-040: Erosion. Site grading will be limited and all disturbed areas will be revegetated. Virtually all of Parcel l's existing vegetation will be maintained. As Schmueser Gordon Meyer's engineering report indicates, the Parcel's existing draining patterns will remain essentially unchanged, resulting in no significant increase in erosion potential. Schmueser Gordon Meyer's recommendation with respect to temporary erosion control measures, however, will be incorporated in the subdivisio- n/PUD agreement. 10. Section 3-70-050: Groundwater. The proposed development will have no adverse impact on any critical recharge area or groundwater aquifer. The proposed on -site well which will serve Lot 2 will not affect groundwater supplies from either a physical or legal aspect. Similarly, the use of a properly designed individual sewage disposal system will not adversely impact the quality, quantity or accessibility of the County's water resources. U,1 l� 11. Section 3-70060: Irrigated Areas. The proposed development will have no adverse effect on the availability of water for the irrigation of agricultural lands. 1 12. Section 3-70-070: Irrigation Ditches. While various small irrigation ditches are utilized by the Applicant to distribute water for landscape purposes, no major irrigation ditches traverse the property. As a result, access by ditch owners is not an issue. 13. Section 3-70-080: Sedimentation. The proposed development's subdivision/PUD agreement will require the revegetation of all disturbed areas and, where appropriate, the use of sedimentation barriers during the construction of the individual residences. 14. Section 3-70-090: Water Quality. The proposed development will have no adverse effect on water quality. As the Site Development Plan illustrates, the proposed building envelopes are located well away from Maroon Creek. i 15. Section 3-70-100: Water Supply. As Schmueser Gordon Meyer's engineering report indicates, water of sufficient quantity and quality can be obtained to serve the needs of the project. As presently envisioned, Lot 1 will be served by municipal water while Lot 2 will be served via a new exempt well. Lot 3 will I continue to be served by the existing well located thereon. Based on the adequacy of the property's existing well, and the presence of other successful wells which have been drilled in the Maroon Creek corridor, an on -site well represent a feasible source of domestic water supply for Lot 2. Schmueser Gordon Meyer anticipates that well yields from fifteen to twenty gallons per minute can be obtained which are adequate to serve the proposed residence. 21 1 1 1 IJ u 1 I A I The proposed drinking water source for Lot 2 is anticipated to comply with all requirements of the Colorado Primary Drinking Water Regulations without treatment. No significant problems are anticipated with respect to long-term water supply, pollution or maintenance. There are no known sources of pollution located immediately upstream of the potential placement of the wells. The well will be drilled by the Applicant, and test results will be provided to the Aspen/Pitkin County Environmental Health Department for review and approval prior to the issuance of building and septic tank permits for the residence. As discussed in the attached letter from Gary L. Beach (see Exhibit 2, Appendix D), a permit for the proposed well on Lot 2 will be obtained pursuant to C.R.S. 37-92-602. No augmentation plan will be required due to the well's exempt status. As the existing unpermitted well on Lot 3 is believed to have been drilled prior to 1964, it is eligible for late registration. A permit will be obtained for this well prior to recordation of the final subdivision plat. 6. Section 3-80-010: Areas of Local and State Interest/1041 Environmental Hazard Areas. Please see Section V.C. of this application for a discussion of the County's 1041 hazard review criteria. 17. Section 3-110-020: Logical Extension of Utilities. As Schmueser Gordon Meyer's engineering report indicates, all required utilities are available in the immediate site area and are adequate to serve the project. Lot 1 will be served via the existing municipal water line; ACSD sewer; and electric, telephone, natural gas and cable TV lines located in Chatfield Road. Water and sewer service to Lot 2 will be provided by an on -site well and an individual sewage disposal system. Electric, telephone, natural gas and cable TV service are presently available within the 22 1 I 1 1 1 [l L property, and will be extended to the proposed building envelope on Lot 2 as necessary. All utility extensions will be located underground and will comply with applicable County regulations. 18. Section 3-110-030: Water Distribution Systems. This section does not apply to the proposed development as a common water distribution system is not required. 19. Section 3-110-040: Water Supply Systems. This section does not apply to the proposed development as a common water distribution system is not required. 20. Section 3-110-050: Sewage Treatment and Collection. Waste water disposal on Lot 1 will be provided via an individual service connection to the existing ACSD sanitary sewer located in Chatfield Road. District service to Lot 2, however, is not feasible as the building envelope is located approximately seven hundred feet horizontally and one hundred feet below the Chatfield Road sewer. Given the distance involved, and the impact of construction on the intervening Red Butte slopes, connection to the ACSD system is inappropriate. Lot 2 will be served by an individual sewage disposal systems which will be installed in conjunction with the construction of the proposed single-family residence thereon. Jay Hammond has inspected the proposed building envelope and has concluded that an on -site wastewater disposal system can be constructed that will comply with the requirements of the Pitkin County Individual Sewage Disposal Systems Regulations. A "mound" type sand filter system, however, may be required given the likely height of the groundwater table. Septic permit applications, soil data, percolation test results and profile hole information will be submitted to the Environmental Health 23 1 1 1 1 1 Department for review and approval prior to the issuance of a building permit. The well will be drilled prior to septic permit application, and all septic system components will comply with minimum horizontal setback requirements. 21. Section 3-110-060: Public Utilities. The Applicant will provide "will serve" letters from Holy Cross Electric Association, US West and KN Energy prior to final plat approval. A municipal water service agreement will be obtained for the provision of water to Lot 1 prior to recordation of the final plat. An Aspen Consolidated Sanitation District service agreement for Lot 1 will be obtained prior to building permit. Appropriate easements will be granted to the utility companies on the final plat as may be required. 22. Section 3-110-070 Roads. All proposed driveway improvements will comply with the applicable requirements of the Pitkin County Road Management and Maintenance Plan. As discussed in Schmueser Gordon Meyer's engineering report, the proposed development will not generate traffic volumes which exceed the capacity of either Chatfield or Stage Roads. Based on adopted County standards, approximately 9.55 additional vehicle trips per day will theoretically be generated by each of the new residences to be constructed on Lots 1 and 2. The proposed development's subdivi- sion/PUD agreement will require that the individual lot owners participate in a road improvement district in the event one is formed. 23. Section 3-110-080: Parking. Based on the requirements of this section of the Code, a minimum of two off-street parking spaces are required for each single-family residence within the subdivision. In addition, one parking space is required for each caretaker dwelling unit. Please note, however, that Section 3-150-130.B.2. of the Code appears to supersede the requirements of Section 3-110-080. Accordingly, the 24 F1 1 L P I proposed development's protective covenants will require the provision of a minimum of one off-street parking space per bedroom for each of two new single-family residences and the previously approved caretaker dwelling unit. 24. Section 3-110-100: Trails. No historically utilized trails traverse the property. Compliance with this section of the Code, therefore, is not required. 25. Sections 3-110-110: Lighting. The proposed development's subdivision/PUD agreement will require that each lot owner comply with the lighting regulations contained in Section 3-110-110 of the Code. 26. Section 3-110-130: Signs. The proposed development's subdivision/PUD agreement will also require that each lot owner comply with the sign regulations contained in Section 3-110-130 of the Code. 27. Section 3-120-020: Development Phasing. Development phasing will not be required. In all likelihood, the individual owners of Lots 1 and 2 will construct their respective residences in different time periods. Each lot owner will construct their respective access driveway and install and/or extend the necessary utilities to serve their respective lot. All development costs associated with these improvements will be borne by the individual lot owner. 28. Section 3-120-030: Road Construction, Improvement or Maintenance Costs. All development costs are to be borne by the individual lot owners. No road construction or improvement costs are required to be borne by the County as a result of the proposed development. 29. Section 3-120-040: County Acceptance of Utilities or Facilities. As discussed previously, Lot 1 will be served by municipal water and the W Aspen Consolidated Sanitation District. Lot 2 will be served by an on -site well and an individual sewage disposal system. Electric, telephone and natural gas service will be provided by Holy Cross Electric Association, US West and KN Energy, respectively. No utilities are required to be provided or maintained by the County. 30. Section 3-120-050: Accessibility of Public Facilities. No expansion of public facilities or services is required to serve the proposed development. Access is provided via an existing municipal street and a County road. Existing utilities are conveniently located to serve the property. 31. Section 3-120-060: Construction Management Plan. No short- term construction impacts on public facilities are anticipated as a result of the proposed development. No common road or utility extensions are required, and the residences on Lots 1 and 2 will most likely be constructed in different time periods. A construction management plan, therefore, is not required. 32. Section 3-130-020: Affordable Housing. The new single-family residence to be constructed on Lot 1 is a replacement unit which is exempt from growth management and associated affordable housing mitigation requirements. The Applicant proposes to use a TDR to develop the new single-family residence on Lot 2. The use of TDRs for this purpose is also presently exempt from growth management and affordable housing mitigation. 33. Section 3-130-040: Parks/Recreation/Open Space. The App- licant proposes to satisfy the proposed development's park dedication requirement via multiple cash -in -lieu payments. The proposed development's subdivision/PUD agreement will require that the owners of Lots 1 and 2 make a payment based on the size of their 26 ' respective lot and its market value prior to the issuance of a building permit for their residential dwelling unit. r 34. Section 3-130-070: Trails. As noted previously, no designated or historically utilized trails traverse the property. 35. Section 3-180: Improvements Agreements. A draft subdivi- sion/PUD agreement will be submitted for review by the County in connection with the Applicant's detailed subdivision/PUD application. The agreement will memorialize various aspects of the project and the conditions of all land use approvals. B. Planned Unit Development Pursuant to Section 3-170-010.C. of the Land Use Code, an applicant may request planned unit development review for the subdivision of land which is located in any zone district. As discussed previously, the proposed development complies with all of the dimensional requirements of the AFR-10 zone district with the exception of minimum lot area and lot width. Lots 1 and 2 each contain less than ten acres and measure less than four hundred feet in width at the front yard setback line. The Applicant proposes to vary these dimensional requirements with respect to Lots 1 and 2 pursuant to Section 3-170-040.A. of the Code. The Board of County Commissioners may approve such variations provided that the proposed development is consistent with the intent of the PUD regulations and does not exceed the property's maximum allowable density. The Harvey maximum allowable density after the subtraction tY a of land under water, the land within the existing access easement (i.e., Parcel 2), and reduction for steep slopes is four dwelling units, which is sufficient to accommodate the r27 F proposed development (i.e., the Applicant's existing residence, the existing cabin, and two new single-family dwelling units). The previously approved caretaker dwelling unit does not count as a unit of density for regulatory purposes. The proposed development's average lot area is nineteen acres which significantly exceeds the ten acre, minimum lot area requirement of the AFR-10 zone district. The building envelopes have been located to avoid identified 1041 hazard and to minimize site disruption and associated visual impacts. In addition, the proposed site development plan preserves the property's significant natural features, maximizes open space, is efficient in its layout, and is compatible with surrounding development. The Applicant's proposed development, therefore, is consistent with the intent of the County's planned unit development regulations. C. 1041 Hazard Review The County's 1041 hazard maps indicate that Parcel 1 contains several areas of potential 1041 hazard concern. The Maroon Creek corridor is designated as both a floodplain hazard and wildlife habitat area. In addition, the northern and eastern portions of Parcel 1 contain slopes greater than fifteen percent. The entire parcel is mapped as a low wildfire hazard area. Each of these areas of 1041 hazard concern, and the mitigation techniques to be employed by the Applicant in the development of the subdivision, are discussed below. 1. Foodplain Hazard Areas. The proposed building envelopes on Lots 2 and 3 are located in the general vicinity of Maroon Creek. However, as Schmueser Gordon Meyer's engineering report indicates, the envelopes completely avoid the 100 year floodplain as mapped by the Federal Emergency Management Agency (FEMA). The location of the building envelopes outside of the floodplain has also been 28 a Iconfirmed by Gary Beach based on field elevation measurements (see Exhibit 2, _, - Appendix D). 2. Wildlife Habitat Areas. The only mapped wildlife habitat areas on Parcel 1 is the Maroon Creek riparian area. As the proposed Site Development Plan illustrates, the building envelopes on Lots 1, 2 and 3 have been located outside of the riparian area which abuts Maroon Creek. Given the proximity of the envelopes on Lots 2 and 3 to the Creek, the subdivision/PUD agreement will require the installation of temporary erosion control measures during construction to avoid adverse impacts on this area of the property. 2. Geologic Hazard Areas. Geologic hazards within Parcel 1 are limited to the presence of slopes greater than fifteen percent. As the Improvement Survey illustrates, the northern and eastern portions of the property contain the steeply sloping lower Red Butte hillside. All of the proposed building envelopes and driveway alignments, however, completely avoid these areas. Access to Lot 1 will be provided ivia a new driveway from Chatfield Road. Access to Lots 2 and 3 will be provided via the existing driveway which serves Parcel 1 and a new spur driveway to the building envelope on Lot 2. No new driveway construction will traverse slopes greater than fifteen percent. 3. Wildfire Hazard Areas. Parcel 1 is mapped as a Category "A", low wildfire hazard area. The previously approved building envelope on Lot 1 and the proposed building envelopes on Lots 2 and 3 are essentially flat, and are readily accessible via the existing driveway which serves Parcel 1 and the new individual ' driveways which will serve Lots 1 and 2. Existing vegetation within the building t 29 � I I a 1 [1 1 r 1 envelopes on Lots 1 and 2 consists primarily of sagebrush and native grasses. The building envelope on Lot 3 has previously been developed and landscaped. To further minimize wildfire hazards, the applicable mitigation requirements of Section 3-80-070.C. of the Code and any recommendations of the Colorado State Forest Service will be incorporated in the subdivision/PUD agreement to be recorded concurrent with the final subdivision plat. These requirements were imposed on Lot 1 in connection with the prior 1041 hazard review approval for the building envelope located thereon. D. Special Review Pursuant to Section 3-310-030.A. of the Code, special review approval is required to develop Lot 2 as a TDR receiver site. The applicable review criteria, which are contained in Section 3-210-010. A. , and the proposed development's compliance therewith, are summarized below. 1. "The special review use shall consider: a) the applicable County Master Plan; b) County Land Use Policies; c) the intent of the zone district in which it is proposed to be located; and d) the character of the immediate vicinity of the parcel proposed for development and surrounding land uses." To the best of our knowledge, there is no applicable County Master Plan which governs the development of the Applicant's property. The property, however, lies within the Aspen Area Urban Growth Boundary in which additional infill development is encouraged. The proposed single-family dwelling unit to be constructed on Lot 2 is a permitted use in the AFR-10 zone district. The proposed subdivision complies with all applicable regulatory requirements and is consistent with the County's land use policies and the character of the surrounding neighborhood. 2. "The location, size, design and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimize adverse effects, including visual impacts, impacts on pedestrian and 'Aff 1 vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties." The single-family dwelling unit to be constructed on Lot 2 is compatible with neighboring development and the area's roads and utilities are adequate to serve the new unit. The Applicant's voluntary reduction in the size of the unit will significantly ' reduce potential visual impacts. No adverse impacts on surrounding properties is anticipated. 3. There must be adequate public facilities and services to serve the special review use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospitals and medical services, drainage systems, and schools." As Schmueser Gordon Meyer's engineering report indicates, theproperty's surrounding road network is adequate to serve the proposed new residence. Similarly, existing utilities are either adequate to serve the residence or may be easily upgraded as may be required. All costs associated with any required utility upgrades will be borne ' by the lot owner. No adverse impact on the public road system or the community's police, fire and emergency medical services is anticipated. The community's parks, school and hospital facilities are also not expected to be adversely impacted by the approval of the proposed residence. 4. An application for a special review use must demonstrate to the Board of County Commissioners that the proposed development will not: a) materially endanger the public health, safety or welfare; or b) substantially injure the value of adjoining or abutting property." Given the proposed new residence's lack of adverse impact on the various facilities and services discussed under criteria number 3., above, approval of the Applicant's special review application will not materially endanger the public health, 31 L 1 1 1 1 a I safety or welfare. As discussed previously, Lot 2 is visually screened from neighboring development. No adverse affect on the value of the private parcels abutting the Applicant's property is anticipated as a result of the approval of the proposed special review use. E. Growth Management Exemptions The proposed development's two new single-family dwelling units are exempt from the County's growth management quota system regulations. The specific exemptions are summarized below. 1. Remodeling, Restoration, Reconstruction or Replacement of Legally Established Structures. Pursuant to Section 3-150-030.B. of the Land Use Code, the replacement of a legally established structure located within the County portion of the Aspen Area Urban Growth Boundary is exempt from growth management. Pursuant to BOCC Ordinance No. 023-2000, replacement is now defined as "... the complete removal of all or a portion of a structure and substitution of the original structure with a new structure. A replacement structure may change the original size and location of the footprint of the structure ". A new single-family residence, therefore, may be constructed within the previously approved building envelope on Lot 1 subject only to the recordation of the deed restriction for the approved caretaker dwelling unit and compliance with the various conditions of Parcel l's prior development approvals. 2. The Transfer of a Single -Family Dwelling Development Right from the Rural/Remote Zone District to a Separate Parcel within Pitkin County. Pursuant to Section 3-150-030.L., the proposed development of a new single-family dwelling unit on Lot 2 utilizing a transferrable development right is exempt from growth management subject to special review approval. The residence's building envelope is 32 1 also subject to 1041 hazard review. One TDR will be required to accommodate Lot 2's I proposed five thousand square foot floor area limitation. 1 I G I 33 11 ri 1 u APPENDIX A EXHIBIT 1 PITYJN COUNTY PRE -APPLICATION CONFERENCE SUMMARY ' PLANNER: Suzanne Wolff DATE: 7/28/00 PROJECT: Harvey Subdivision/PUD Conceptual Submission, 1041 Hazard Review, Special Review & GMQS Exemption LOCATION: 1100 Stage Road REPRESENTATIVE: Sunny Vann Phone/Fax: 925-6958 OWNER: Constance Harvey Type of Application: Subdivision/PUD Conceptual Submission 1041 Hazard Review Special Review & GMQS Exemption for a TDR Receiver Site Description of Project/Development: ment: Applicant proposes to subdivide a 62 acre roe within the Urban Growth P J P PP P Po property rh' Boundary into 3 lots: 2 of which will contain less than 10 acres each. Lot 1 will be located on the bench that abuts Lots 1 and 2 of the West Aspen Subdivision (accessed via Chatfield Road)-1041 approval was granted for the building envelope that will be located within Lot 1 pursuant to Hearing Officer Determination recorded as Reception No. 416244. Lots 2 and 3 will be accessed via Stage Road, and Lot 3 will contain the two existing, legal dwelling unls and caretaker unit (approved pursuant to BOCC Resolution No. 98-2). The Applicant will utilize TDR(s) to establish a development right on Lot 2. Land Use Code Sections • Article 2, Land Use Policies • Section 3-60, Environmental & Aesthetic Standards • Section 3-70, Water Resources • Section 3-80-050, Geologic Hazard Areas: Slopes in excess of 15% or 30%? • Section 3-80-070, Wildfire Hazard Areas: Mapped low wildfire hazard • Section 3-80-080, Wildlife Habitat Areas: No mapped habitat. Riparian and wetland areas? • Section 3-110, Improvements & Services • Section 3-150-160, GMQS Exemption for TDRs within the Urban Growth Boundary • Section 3-170, Planned Unit Development (PUD) • Section 3-210, Special Review for TDR Receiver Site • Section 3-310, Transfer of Development Rights Review by: P&Z and BOCC Public Hearing? YES, at BOCC. The applicant shall post a public notice sign on the property at least 15 days prior to the hearing and shall mail notice to all adjacent property owners at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. Staff will refer to: Attorney, Engineer, Zoning, CO State Forest Service, CO Division of Wildlife, Wildlife Officer, Aspen Fire, City Planning, City Water, Aspen School District Planning Deposit: $2,220 (additional hours are billed at a rate of $185/hour) Referral Agency Fees: $600 (Clerk). Fees for the County Engineer will be billed on the final bill at a rate of $65/hour. TOTAL DEPOSIT: $2,820 (make check payable to "Pitkin County Treasurer") 11 To apply, submit 20 copies of the following information, unless noted otherwise: i1. Proof of ownership of subject property 2. Parcel description, including legal description and vicinity map 3. Consent from owner(s) to process application and authorizing the representative (if applicable) (1 copy) 4. Signed fee agreement (2 copies) 5. Total deposit for review of the application 6. Summary letter explaining the request and addressing compliance with the Code sections listed above. 7. Conceptual subdivision maps as required by Section 5-20-20 of the Code 8. Documentation of how and when the parcel was created (2 copies); ' 9. Documentation of chain of title/non-merger of lands for the subject parcel and all adjacent parcels from title company or attorney (2 copies); 10. Documentation of adequate legal access to the parcel (2 copies); ' 11. 12. List of all adjacent property owners (1 copy) Copy of this form (1 copy) preapp This pre -application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staffs interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. L' I IT EXHIBIT 2 COMMITMENT FOR TITLE INSURANCE SCHEDULE A Effective Date: 07/02/97 at 08:30 A.M. Case No. PCT10520A Policy or Policies to be issued: (a) ALTA Owner's Policy -Form 1992 Amount$ TBD Premium$ Proposed Insured: Rate: CONSTANCE HARVEY (b) ALTA Loan Policy -Form 1992 Amount$ Premium$ Proposed Insured: Rate: 1 3. Title to the FEE SIMPLE estate or interest in the land described or ' referred to in this Commitment is at the effective date hereof vested in: ICONSTANCE HARVEY 4. The land referred to in this Commitment is situated in the County of PITKIN, State of COLORADO and is described as follows: See Attached Exhibit "A" 1 ISSUING COMPANY: FIDELITY NATIONAL TITLE INSURANCE COMPANY By: PITKIN COUNTY TITLE, INC. Schedule A-PG.1 601 E. HOPKINS This Commitment is invalid ASPEN, CO. 81611 unless the Insuring 970-925-1766 Provisions and Schedules 970-925-6527 FAX A and B are attached. AUTHORIZED AGENT 1 L EXHIBIT A PARCEL 1: All situate in Section 2, Township 10 South, Range 85 West of the 6th P.M. and described as follows: Beginning at a point on the South line of Lot 23 which is also the North line of Lot 26 of said Section 2, said point being 450 feet East of the Northwest corner of said Lot 26 and 140 feet West of the West bank of Maroon Creek; thence North 140 East 195 feet; thence North 70 East 184 feet; thence North 80 West ' 194 feet; thence East 15 feet to a poijit of true beginning of a strip of ground 30 feet wide hereinafter more specifically described; thence East 195 feet to a point being 25 feet West of the West bank of Maroon Creek; thence Northwesterly along a line which is 25 feet West of the West bank of Maroon Creek to the intersection of said line with the South line of Lot 4 in said Section 2; thence East ' along the South line of Lots 4, 3 and 2 in said Section 2 to the Northwest corner of Lot 10 in said Section 2; thence South along the West line of Lots 10 and 13 in said Section 2 to the intersection of said West line with the North line of Lot 24 in said Section 2; ' thence West along the North line of said Lot 24 to the Northwest corner of said Lot 24; thence South on the West line of said Lot 24 tothe Southeast corner of Lot 23 of said Section 2; thence West along the South line of Lot 23 to true point of beginning. PARCEL 2: The following described strip of ground being 30 feet wide and lying 15 feet on either side of a line described as follows: Beginning at said true point of beginning hereinabove mentioned above; thence North 15018' East 233.7 feet; thence North 6024' West 250.4 feet; ' thence North 7129' West 151.6 feet; thence North 1014' East 233.4 feet; thence North 79055' West 30.9 feet; thence South 29005, East 38 feet; thence South 79005' West 109.0 feet more or less to the existing County Road. EXCEPTING FROM THE ABOVE THE FOLLOWING PARCELS: 1. Right of ingress and egress reserved by Tony G. Skiff and Edith ' Arbaney Skiff in Document No. 94000, recorded in Book 166 at Page 431. 2. Parcel of land described in Document No. 101081 recorded in Book 172 at Page 320. 3. Parcel of land as described in Document No. 103700 recorded Book 165 at Page 595. SUBJECT TO an easement for a right-of-way over Parcel 2 for ingress and egress from the County Road to the tracts of land described in Document No. 101081. C 1 9T SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ' ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to -wit: ' THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ' ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. 1 n 1 1 I NT 1 SCHEDULE B SECTION 2 EXCEPTIONS ' The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. ' 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspeQtion of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of the proprietor of a vein or lode to extract or remove his ' ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded August 11, 1909 in Book 55 at Page 172 & 173. ' 8. Right of way for the Willow Creek Ditch and its extensions. 9. Deed of Trust from : CONSTANCE HARVEY, A SINGLE PERSON ' To the Public Trustee of the County of Pitkin For the use of NORWEST MORTGAGE, INC. Original Amount $365,000.00 Dated January 11, 1996 Recorded January 17, 1996 Reception No. 389184 1 This commitment is invalid unless Schedule B-Section 2 ' the Insuring Provisions and Schedules Commitment No. PCT10520A A and B are attached. l! I N T ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: ' (1) The Deed of Trust, if any, required under Schedule B-Section 1. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED ' HEREUNDER) Pursuant to Insurance Regulation 89-2; NOTE: Each title entity shall notify in writing every prospective ' insured in an owner's title insurance policy for a single family residence (including a condominim or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items ' and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for t further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or ' filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage". Pursuant to Senate Bill 91-14 (CRS 10-11-122); (a) The Subject Real Property may be located in a Special Taxing District, (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) Information regarding Special Districts and the boundaries of ' such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. ' NOTE: A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. This commitment is invalid unless Schedule B-Section 2 the Insuring Provisions and Schedules Commitment No. PCT10520A A and B are attached. 1 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 EXHIBIT 3 July 27, 2000 Ms. Suzanne Wolff Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Wolff: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent me in the processing of my application for conceptual subdivi- sion/PUD approval for my property which is located at 1100 Stage Road in unincorporated Pitkin County, Colorado. Mr. Vann is hereby authorized to act on my behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Sincerely, Constance Harvey 1100 Stage Road Aspen, CO 81611 (970) 925-3502 c: \bus\county.IM108098. swl EXHIBIT 4 ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of Pitkin County Development Application Fees PITKIN COUNTY (hereinafter COUNTY) and 1 (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an (hereinafter, THE PROJECT) 9�. APPLICANT understands and agrees that Pitkin County Resolution No. 96--52 establishes a fee structure for Planning applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and COUNTY agree that because of the size, nature or ' scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and COUNTY further agree that it is in the interest of the parties to all APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. COUNTY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLIC ANT's application. ' 4. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior 1 to decision. 11 1 1 5. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for hours of Planning staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to COUNTY to reimburse the COUNTY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY APPLICANT Cindy Houben Community Development Director gAsupportWorms\agrpay.doc 2/19/98 elbn 'a a Print Name Signature Date: 7 8 Z� U Mailing Address: av S71.4�- 4�e� Ga 11 1 CK DAVID B III CK FAY G 34 CIRCLE LN IrKE FOREST, IL 60095 IGLE JON DAVID & ELIZABETH G 5 CHATFIELD RD fPEN, CO 81611 LIPS SUSAN Z & STEVEN J 23 GRAND AVE APT 105 3ES MOINES, IA 50312-2439 1 ZITY OF ASPEN I'0 S GALENA ST PEN, CO 81611 tRK TRUST LTD ?O BOX 940 ISPEN, CO 81612 BOWDEN J MURRY & POLLY 5847 SAN FELIPE STE 3600 HOUSTON, TX 77057 KAUFMAN CURTIS & JILL 601 UNIVERSITY AVE STE 288 SACRAMENTO, CA 95825-6745 CITY OF ASPEN 130 S GALENA ST .ASPEN, CO 81611 STEIN MARJORIE B LLLP 62.92% TNT PO BOX 1047 ASPEN, CO 81612 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 EXHIBIT 5 CAUDILL SAMUEL J AND CAUDILL JOY MAXWELL PO BOX FF ASPEN, CO 81612 NIVEN MICHAEL C 875 CHATFIELD RD ASPEN, CO 81611 P&S DATA LC PROFITSHARING PLAN FBO PHILLIPS STEVEN J 8081 COBBLESTONE RD DES MIONES, IA 50322 BAR/X RANCH LLC C/O HERBERT S KLEIN & ASSOCIATES PC 201 N MILL ST STE 203 ASPEN, CO 81611 0 0 I I J 1 APPENDIX B 1 EXHIBIT 1 NON -MERGER CERTIFICATE PITKIN COUNTY TITLE, INC., A DULY LICENSED TITLE INSURANCE AGENT IN THE STATE OF COLORADO HEREBY CERTIFIES THAT THE ATTACHED CHAINS OF TITLE ARE TRUE AND CORRECT COPIES OF DOCUMENTS DULY RECORDED IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF PITKIN COUNTY, COLORADO. BY EXAMINATION OF THE ATTACHED CHAINS OF TITLE IT CAN BE DETERMINED THAT NO MERGER OF TITLE HAS TAKEN PLACE BETWEEN THE SUBJECT PARCEL AND PARCELS #/AND ##2. PITKIN COUNTY TITLE, INC. 6/11j, 4C.7fff____ - BY: AUT OR ZCIFFICER DATED: FEBRU 2)4, 1998 F-I 1 1 1 1 1 ITITLE CHAIN ON SUBJECT PROPERTY RAYMOND W. MAXWELL AND RUTH J. MAXWELL I HAROLD K. HARVEY ANDICONSTANCE M. HARVEY WD 4/21/58 BOOK 183 AT PAGE 455 CONSTANCE M. HARVEY SURVIVOR I 1 I I 1 1 ri I 1 1 1 I t , y 1 �. •y. t r 1+ 'r r e l �ttii ' ' of �'PRHtiJ'9N �(pCl�mffi i weeny WNBMN66 That do am mitif TEN LUR$ and o 'aT vaugby4'C mi dr`EiQn� -"------- t• the l t.�0►rad 17 tlr tha is a2Qbcairdr y�art a s of tLa�ltnl Parf }nisi girl , rapt wh*r*d ypayrtlwaaa�dd�oW�tw�od�od hereby oWommod "A &ckD*wkdC*4, be i1 a ilw wr a 11+1r ►V,. lwuM o! wa1 wt.t+o� f�amier� ,, All oU�� �{t.n.+r�, t `Col; 1. w.rii p`r� R'f toad. dt., My'uswd ► ft tr tho Oosatr of .. P ITK1N .red state ,. i (SZE ATTAQiED DESCRInION).. � � Ys i r ;f :5 t 5 G y Tofelber wit} aU and shs[alar t!w bsradltaments and appartanAam th4rmto balonjtnR or to anTwlN ayp.r talning, and the rerersion and rsversioeo, nemalnder now rar+aledete, Hots, lssoea and prot14 thereof{ and all the •Etas, rttht, UUe, tnterest, claim and demand whatsoove of the told part 1pe of the first part, either In law or equity, o!, la and to the abo� bargained pnmloos, with herwdltaments and sppurtrrA c*&. To !lave sad to Qed/ tho aald Imoi abovo bargained and doaorr, with the appurtenance•, onto the amid partloe of tho ""ad part, lho so»�r of {hoot, tholes aadfus anppd hheelp ud asalfna of such aurrlvor forever. And tM meld pad 10 a of tha pot part, fot them solve! , ! s:scators, and administrators, do covenant, grant, ba� and ahem to ud with the meld portIm of the e000nd part, the survivor of them, their assigns and Q4 heirs and asalgrr of seal sarvivot Uut t try tlmo of the on I and p tive{y of �,aw prwwnta [h0yy are wall selsd of the prmulmw aloe omwnyod, as at C% mere, porloct, abwla and ladefwlbl• .state of Intwritanel. In law, In fee simple, and he Va good and lawful authority to front, baryaln, sell and convey the oame In Manor Lad !omen aforwoal.l, and that the came are free and clear from all forms and other grants, barrLins, Wee, hens6 taxes, amomments Wad Incamimnoms of whataver kind or nature eoover, excepting taxes for 1958 payable in 1959, aw�r.trbor them their L and tht' n and dam =14 poatdon of the said parU" of tbs aecond part, the fru of ouch sarvtvor, against Wll and every )mn n or peon lawfully cWmSn.� or to claim the wbole or any part tbereaf, the acid parties of the first part shall and wr71 WARRANT Al. TO@SVMt DLFEND, In Wltseao W%mr*.t, The .Id part i e s of the "V a hereunto net their hand s and meals tho day and year prat abrm wrltbs Blgamd, Ilealod and Delivsrd to the rrmws * of PAJJZ(A �Z YYJ � 0. StATIN 01 COLORADO, C sty ml P �N ._... __ ._ }� The forefol Inatromest was scknowl- r�,.r rs dPA ldors MAXWEU and �' I gltaess ray hoed sad olDdal ameL ., ��,• v; 14 atmiasioa o�lr.a_... Ya j9...—_ 4 hf aOf to so" w "*a** bead Wye era o►m i or —M ft eti —1 .►we ewles. ' !'i � • sits We )am senors-•w rM1et hbAnf WA wr4..r On. C ..& yes.; Q"wAm _ ... 3 �t All eft t ?ft&hr Sec i-2". s ��i ;S t�; a e' West of the 6th P. M. and descrlbid'a�'io13 esl!_ ginAit`ht•%a point on the South line of Lot.23 which�ia aUo,`atle'No;tb'� "ggfeiot.2bsof, Bald Section 2, said point being 450 fe C i�''o 4the.N �iistcorner' of said Lot 26 and 140 feet,Weet"of •th14' East 195 feet;. thence!-Vorth 7f�Eas'E';184 feett' thbhce�yortli V-Best 194 feet; thence East is feet -to a'point_'of'tiud:.beginning of a strip of ground 30 feet wide tiarain&fter°mo*i°'specificillf'diic'ribed; thence East 195 feet to &'point be ing.25144it�:Wsst'of'the Nest bank of Maroon Creek; thence Northwesterly along a line which is 25 feet West of the West bank of NroonCreek to the inbairt�e3d!�l�f►1it�'thr^ South' line of Lot 4 in said Section 2; thence Xast,algn'g'the South line of Lots 4, 3 and 2 in said Section 2 to the Northwest corner'of Lot 10 in said Section 2; thence South along the West line of Lots Section 2 to the intersection of said West• line with th'a.Aoxth line of, Lot. 24 in said Section 2; thence West along the North line'�of said Lot 24 to the Northwest corner of said,Lott24; thence.,Soutb!on'the West line of. said Lot 24 to the 3outheatt4e0iniV"oftLoF,237'of ;stid',Seetion42; thence West along said South'Rline bagislning, containing 76 acres more or Jil Parcel No, 2: Also, the following described strip of ground being 30 feet wide and lying 15 feet on either side of a line described is follows; Beginning at said true point of beginning hereinabove mentioned; thence North 5'18' East 233.7 feet;,thence North 6'24' West 250,4 ,feet; thence North 7'29' West 51.6 feet;.thence North 1'14' East 233.4,,feet; thence North 79'55' West 0.9 feet; thence South 29'05' East 38;•feet; thence South 79'05' West 109.0 feet more or leas to the existing County Road containing 0.72 acres more or leas. Excepting from all above described lands the following parcels: 1. Right of ingress and egress reserved by Tony C. Skiff and Edith Arbaney'Skiff in Document No. 94000 recordred in Book 166 at Page 431. 2. Parcel of land as described in Document No, 101081 recorded in Book 172 at Page 320. 3. Parcel of land as described in Document No, 103700 recorded in Book 165 at Page 595. Together with an easement for a roadway for purposes of ingress and egress extending westerly from Parcel No, 1 and to a point of intersection with Parcel No. 2 described herein along the course of a road as now constructed and in use. Subject to the easement for a right-of-way over Parcel No. 2 for ingress and egress from the County Road to the tracts of land described in Document No, 101081 in the records for itkin County. nt adbw Y ad" or rw'"Mmd'. sweAr, WWI rr rl do .a.. w *w.b =a 1w r rn.a �', �J•..Y�r•Mi 41 esss TO YOM TEXAXTS-Oi W d Trbtl.I �W tkdm-7 0.4 CLMJ. /PINS 64J. Filed !a Reception - IN. .. .1 ,js.f.. CML 'acTION�. 'N HAROLD K. HARVEY and ) 58;,,at ,lt3q o1,olook FM eoordfrr �� F 7 FOR THE OF; COLORADO ins ` CON8TANCIC �[� HAIItVZXi "'•�,5"!'►�!i; -- c rt•'- ''; T' ,,• • . Plaintiffs, ) NOTICE OF LIS PENDENS v s. ) JOSEPH T. ZOLINE, ) Defendant. ) Notice is hereby given that the above named plaintiffs have filed an action in said Court under the provisions of Rule 105 of the Colorado Rules of Civil Procedure for a complete adjudication of the rights of all parties hereto with respect to the following described real property situate, lying and being in the County of Pitkin and State of Colorado, to -wit; Beginning at a point determined in the following manner; From a point on the South line of Lot 23 which is also the North Line of Lot 28 of said Section 2, Township 10 South of Range 85 West of the Sixth P.M. , said point being 430 feet East of the Northwest corner of said Lot 28 and 140 feet West of the West bank of Maroon Creek; thence North 141 East 195 feet; thence North 70 East 184 feet; thence North 8• West 194 feet; thence East 210 feet to a point which is 25 feet West of the West bank of Maroon Creek, which point is the point of beginning; thence northwesterly along a line which is 25 feet West of the West bank of Maroon Creek to the intersection of said line with the South line of Lot 4 in said Section 2, thence easterly to a point which falls midway between the east bank and west bank of Maroon Creek, thence southeasterly along a line which is midway between said east bank and west bank of Maroon Creek to point midway between said east bank and west bank of Maroon Creek which is direct- ly east of the point of beginning, thence westerly to the point of beginning. A lso all water an.! water rights arising out of the springs or seepage situate upon said above described premises. Subject to the right of ingress and egress for the purpose of watering stock on the West bank only of Maroon Creek, as reserved in Document No, 94000 recorded in Book 188 at Page 431 of the Pitkin County Records. s • 4 ! • r'f.•f •f :yy�A ,r i -�_ f '1c ,;, l i-a4'+ 1 rj - ►+" tI'� . • '�` M�f4 , 4�j':�Y. �spY�,iea�k,/++���r4• � • / f: r"Y iR� •.�/��4 r�1,.` p � . � �p..�3`'�i, ~ �,- . R ¢ •t�� ���y�j�� /. r '' �f t� .A.��s�1 4y ai � ��LR,� ����,� � �.I• `. r"��V +i � Ali. �- s ' � ! P �.. ' + /�1=. Y• .,, ` . i i ! 44 � f' J{� ��(�yr.��IT�I+ ' 'i rowi'e � A. : "4• - ♦ r •a � - i it ,� .jr- i t •� c •• f(!�' K4� + I ' '�:, eI y. r, +' i . �. w y '' %•3i� r• � � � �'i �s�,v ►~��.;�:�5 �Si� f � j j` .i. �• r �./� t ,.� t i s'.•}t�l rt� ' �aR�F4�j,�•�..�•. 0PVT I:&: ITITLE CHAIN ON ADJACENT PARCEL #1 TONY G. SKIFF AND EDITY ARBANEY SKIFF I JOY MAXWELL CAUDILL AND SAMUEL J. CAUDILL QCD 1211/52 BOOK 181 AT PAGE 36 QCD 9/1/67 BOOK 228 AT PAGE 591 r [11 I 1 t 1 36 II -I I..IM a1'Ia T,1 JrI:':: '• �_�.._.___ -_— ------------------- ------_-------- ---- - -'-- A--_�`r -;,fit (�Llji� eeD, �Lrle this 1st dal' of Doc)-',bor in the yenr of our Nord one lhounan'l nine I ` hundral and. fifty-two letwcen. TONY G..SKIF'F and EDITY ARBANEY SKIFF of the ('aunty of Pitkin ,. .-and Suite of Colorado, of the first part, and. - JOY MAXNELI...C.AUDILI,...and..SAMUEL_.?,...CAUDILL...... of the County or. Pitkin and Stile of Colorado, of the necond pirt; 11'Itnewweth. Thnt ll+r rald part ice of the Milt part, for and In consideration of the Burn of•Taln D011are and other rood nd..v.aluablo connideratIons,- - - -.- - .-..- --...-...-....-...-...-....-...-..-...,...-..-...-...-.-..._--..--...-...- - F+ot>w n to the .aid parties of the Ilrst purl in luuul pA.d by the nnid paellas of the ecrnnd purl, the receipt whereof In hereby confessed and ncknuwll.livA, ha ve n•alism. jovi o, sold and quit-chtimed, will by these presents do. . remise, release, n.al and llult-clabn, lint, the nnld paella of tIm strand Igirt, not in lrnoncy in common but In Joint tenancy, the survivor of them, their nssiKIIN and the heirs and a"igne of such survivorn forever, ail the following described lot or parcel. ..of hod, ailuale, lying and being in the Counly of Pitkin - anti state or Colorado, lc -wit: A parcel of land in Lot Twenty-three (23), Section Two (2), Township Ten (10) South, Range Eighty-five (85) West of the Sixth Principal Meridian, in Pitkin County, Colorado, described as follower Beginning at a point on south line of Lot 23 which is the north line of Lot 26, Section 2, said point being 224 feet east of the northwest corner of Lot 26, Section 2, thence North 18° East 271.5 felt; thence North 7° Or East 308 feet; thence East 152 feet ?±_o to point on Maxwell North line description; thence South 8° East 2,94 feet; thence South 7' West 184 feet; thence South 14° West 195 foot; thence Woot along South Lino of Lot 23 to point of beginning. Said trnr,t contains 2.6 acres, more or less. 40.55 Documentary Stamps Attached and Cancelled) 1'0 Ilsve and to Hold the Same, Together with fill and ainKulnr the nppurtennnces and prlvilcKns thereinto belonging or In nnyw'ise thereinto nppl•rlaining, and all the rNluto, riphl, title, interest and cinlrn whatsoever of the said part.......... of the tirat part, either In law or equity, to the only priljwr I'm-, benefit rind hi -hoot of the said pnrlies or tine second part, the survivm'e of them, their nsnfgns and the heirs and Assigns of 141id survivors f-avver. In Witness R'hrrrof, The said pal•t Sea or ti.e fIrsl part have ..hereunto set. their nlNlvc written. hnnd.a and seal. s_the tiny anti year first Signlel. G•nh.l nn,l 110kenA in the 1'rvsenrr of ' I Tony C. Skltf~ Edith Arbaney Sktl'fn" county of Pitkin ►, William C. 3taploton, Pitkin it Notary IJuhlle In and for sold TOIfY 0. Co1iIlY, In the SLOW nfut•usald, do hereby certify that SKIFF anti DIT1I A1IBANL'Y SKUP who 4r•n .. .. .. pct'slm+llly known to nnc to he the persons whnse mmtiLa are 1M to the forry.oinl, I n•rd, 1110-ared hcfore ale thin dny In person, and ackno%,INIXv(I :hilt. they +il•n„L -:11"d and drliwen'd the said inslruoi'nt of .A:Ilnl set ful'tll. writing' fin their free anti voluntary act, for tiler �I✓11•-,1•"pUl'INr�,'a lhol'ettl (NVen under my hand and official JIy seal, this. 1 stlay of. December , [G coon rnian expire: July 10 . A. n. i>;54. A. D. 111... WS11iam..C.. Stap.lo.ton ............. ................... col'olt STATF; (IF' aUQ -__—_- Notary Public. 1'ntrnly of i ... _. . f Thw foregoing instrument w•ns acknowledged before me this 1p. hy• 1Cilnrar row h;ual riot olllcfnl sI•al, 71 It® �1 A p Dis of V F: frr. lab ten in the and All Anp Sou Rai We. 3 a p fro rec 175 (No I - - —T FIC f 0 he kiwis leftfitl *MV11664.11- the .1000 OOIQ if Maixi IV it 55 pi r! ma,:'If- a ( too to to ........... z notary 11MIA14 PAO "'IffA I.' I i o-� r 1 it -4t NMI 4 i F�tifSK;iy# a' 3 r r+ •y � #� �' •� :F� r,�� -c �i{a �'.�4'�#'k"' • +- - i'4ii ,,1 �.. �- ,t r ., is aa14190iii ,Li,� ,.�s ,. tt gn��CGlr! PeGiiItlG' i .• -� .t • { ,ray . R !(i/P - F P . 1_4_ . QQto is F i.F Ak N;opts day �o F, n 14 1 pag4 I ex A rSHIP a • : i ` fi +ftibitllitl undr d en 'betoo0a AAttu) J, 0AUDILL en , 'a� ?', pMW the C ► ItkiA' R �11 t '1 �i - 4dt►., fit. the ti •t; pa ��': d Ao!!�1'it,-I', f� i '; ,1 ;.+;� ,��°:;. yti ,it04o�1f�,�►YA+��:l wiyhrt.�Ad YLlows •i`i�. �tYr 4 t' }'fx t•t; iy ;E 1_ �.-3:�}/1 } 'S '+1"-'P i 't`o! Ar« nXA artta� dt:; lir" l'ilr a' "ew �'��x d in7oon0dars•, 1tt d the wit � e.A . , 1 x �, Q �40d�F_�U J t .Olt z ' NAid'011tty►. qt tha - t �►� � A • � • Q�p d°'±AAA„ �d eg P �� _,. � �, � ;�►t�' kNer tnl,Pe �r ` `tU! �`pL�i , . + . • � F � � ,_A. ��N•r��i` :e+� �4. forever . a�4i t A,��b��€i+��; #fit ► , d r ,kt (chid +�1�kits n� t�i,, litaq[�a�t`�►avr� in a itl041 1illUi;xaA1: k�pax yi'tuata� !y►ind eail,i►eii►_in the to . q�= gol��txda� t ` Z . kpMow 0 1 flidtlon 2t' �'tn+aghir ib Ac►uCh, Uanite fll Has of . h i'.li• �yiaj We Ax ,Of A Unw- AC611011t � A d 11 feet �► peateriy n� + eke k +�!? oak j ux[1 r : r1►at' e�t`'gr .,t� ►.c)t , R doeatiaea ; it k$Yc`i.` IINat�+ #at�d .n'�dAApR: ael��lnn ��; 1A p. R. �1 �, west of th« ` '` s ltibad Ay _b+�i _ nN +�t A oink,en.tha .Uuuh 1io4 dC eai.d f,,4t _ th QuArt Ro�enA at 4a d. $44tton ; 2 (ae� kdinN to , tho biraa s , , 1; t R Q• i�'� �A��hnakA�s, Z� b4 �Q: W: 'IaQib Rpeti th�+dA N. ' ik, �• teM the�+pp'N. 1QO�at Rat 7�;.�9 Coati 'thi*dw Nr r% 130131_; N •v : rM�� _r tlnhA N:.f�: 1. _ *: 267.3608 e�14npA ally Pa°;�i i,.aa �al�t f f +III�A ' :og �-froo� °theun4 a,*�O�aa�; W. ��.9A;'ROOt;,'AlAn� b - Uteat y th�i,Qe a, #�°AAA ,H. 0 teal�'N�onp tho canter f c .41 ithemcp �t� Alujol: H! `2Zp.Ui' lEat' Al po x of t !d tit RAh X dd nxg �►t 3 j West 396000 tbilil nth e l A rid _*ihht�e aa'tAnd ' '7 nt►tcEhprly ; y , � y�•�iA*�1tkA tr' A na'llQPt ak iVAAti�. to �It� . t�U�n ' 4Ri aotrnwr, �! ,d �tnr�0 H�i�,aonA t,t thA i�' arty tip t ,ray i t be a i► .'all en `Nine �leic�md AP, �ca nnyMirie ,thatrauntit to: + { ' Aitllr YiBh 1 Rtexliet a ., ` .» t1E� 4, �M! MEtIA� Q r M � . ,HAS;1c ' ,a rk tetdt arty, '4 hair In 14W tip, oflutty# ro) y � . 4' ■y�Rr.. a t t b heat ch4k AM party 6C ,tfle."gaaanci �tiext� +f �,!_ • i `l ��� "'` �4 P i.f ,i- f �:�*�. �...I �! i. {`� it r f F A 'p+�trEieil li � the' se • , u' r t.t hereunta' iac 1! r 1F -.$7.1 � � '� 'C - t -',! j>•,j-'r;'Yt'• 1°, ".' o ,-,.ila/c; .. ! , _„�, /a. t y{� ..�i' ,i f.;.' ,i ?! . i k " x t► tlgl Il�rienteriIt W14 Aeilnol lGO ugftore n a ttii,s ► i d' '. F �, i# , : 1''1 fii h ft11l111'1. ay t P 1 g y ,� rAt�nnit; Aun nor t"'. :. ,(— wit 1�,. IAl(WttidE.CAI) . ___ ,�3` ' �4� Ne tw► ��.' �t': �I�1, r�_dl1i, • t�+id� NY 1�ANpNn u r� i 4}+ r ag .j, i.�ijr r �`,, i 1, i .r;;'� - Itl16A��.{1 ''..� }41f �t � ' � lii lj �.. 'ti 1 ! 1 •: I R i. , ,� •.� , � -t I�,te� _ ,' ,' r� '. 1 LLL 1 R ,^ a ',1 `y .'#k , fit•.a rrl 3 t''. .. _ 11 ff ,• ` •, a s_en,_na:,: :•►w. il.��a•a.e.mxr}'a.�i:F�t. ?' /%, - � `.>�.., .1., .. •`l .� .. 1 f • s • 1 1 L I I 1 TITLE CHAIN ON ADJACENT PARCEL #2 TONY G. SKIFF AND EDITH ARBANEY SKIFF JOSEPH T. ZOLINE AND SEYMOUR GRAHAN WD 1/4/56 BOOK 161 AT PAGE 420 JOSEPH T. ZOLINE QCD 1/3/57 BOOK 178 AT PAGE 447 WD 1/3/57 BOOK 178 AT PAGE 449 THE ZOLINE FOUNDATION QCD 11/14/62 BOOK 200 AT PAGE 14 QCD 12/26/63 BOOK 205 AT PAGE 276 QCD 12/16/64 BOOK 210 AT PAGE 457 QCD 12/20/65 BOOK 217 AT PAGE 475 M -4a o Reeordd at�QI.�.Q.eI'•dock. Reception No-1Q32S11_.. �— - laaotler. Tuts D6£n, Made this lyd our Lord one thousand nine hundred and fifty-six EDITH ARl1ANLY SKIFF day of jantury In the year of between ToaY G. SKIFF AM Of the County of Pitkin and State of Colorado, of the first Net. and JOSEPH T. MINK and SRYHOVR CRAIIAN 111inois of the Ci t,v of Chi taco, County of Cook and Htata of Qaiossolot of the breond part t 191TNI:SSGTII, That the said parties of the first part, for and In consideration of the sum "f TIA•;Nrf-FIVE: THOUSAND and NO/100($25,000.00)---------------------------h(11.I,.SIt1t, and other valuable considerations to the Rnid part ics of the Oat part In hand pall by the Raid part ies of the srm,l part, the receipt whereof Is herehnronfRARrd And arknowledged ha ve granted, bargninrd, bald and roe veyed, and by theRe presenta do grant, bargain, bell, convey And confirm unto the "Id pan I es of the second pnrt, the i i elm and assigns forever, All the following debcrlbrd lots pArrel s of Innd, Nitunle, lying and being in the County of I'itkin A'" 1 State of Colorndo, to -writ: E4SWa, being Lots 16, 17 and 21, and also Lots 7, R li, 22 and 23, all in Section 2, and the NFINVJ , being, Lot 4 of Section 11, all in township 10 South, Range 85 west of the Gth Principal !:cridian, to'ethcr with all ditch and water richts used in connection with the above described premises and particularly but without limitation upon the forecoinp, all right, title an,! interest of the trantors, the sane being approximately an undivided onc-fourth interest in and to the Willow Creek Ditch nictbercd 93 and the priorities adjudi- cated thereto, the same being priorities numbered 129, 174 and 2011, in the decrees of the District Court of Garfield County, Colorado, in and for Water District Number 38; Provided always that there is hereby excepted from this conveyance the following described tracts of property: Tract No. 1. That part of Section 2, Township 10 So., Range t,%. of the t,th p.':. described as follows: Beginning at a point on the South line of Lot 21 which is also the North line of Lot 26 of said Section 2, said point being 4SO feet East m the Forth West corner of said Lot 26 and 140 feet 'Most of the West bank of '.Aroon Creek; thence North 140 Fast 195 feet; thence North 70 h:tst 144 (get; thence North 90 West 194 feet; thence Fast 15 feet to a point of true berinnine of a strip of -round 30 feet wide hereinafter more specifically described; thence r:a%t 195 feet to a point bein. 25 feet West of the West bank of .'taroon Creel,; thence Northwesterly along, a line which is 25 feet West of the West bank of 1iaroon t*reek to the intersection of said lino with the South line of Lot 4 in said Section 2; thence Fast along. the South line of Lots 4, 3 and 2 in Section 2 to the North West Corner of Lot 10 in said Section 2; thence South alone the West line ,.t Lots 10 and 13 in said Section 2 to the intersection of said West line with the North line of Lot 24 in said Section 2; thence last alonr the North litre of sai.' Lot 2.1 to the Sorth West corner of said Lot 24; thence South on the lest line of said Lot 24 to the South Fast corner of Lot 23 of said Section 2; thence West along said South line of Lot 23 to point of beginnin„ containinx 7h acres more or less. Also the following described strip of ground beinr 30 feet wide and lytnr 15 feet on either side of a lino described as follows: Iteginninr• at said true point of becinnine hereinabove mentioned, thence North 50 I81 Fast 733.7 feet; thence North 60 241 West 250.4 feet; thence North 70291 West 151.b fect; thence North 10141 Fast 233.4 feet; thence North 79055t West 30.9 feet; thence South 2q0 051 Fast 38 feet; thence South 790 051 West 109.0 feet more or less to the existing County road containing 0.72 acres more or less it being interxied that said strip shall constitute a roadway for ingress and c:resa to said County Roa.l. Tract No. 2. A parcel of land in Lot Twenty-three (23), Section Two (2), Town- ,4. S32. W ARRANTT D[ID.—r- ar M-4-R-Ul— rr. Cw. mrm R.N..w'. L.e., Rr..b... 1124 11-1 K. n....., e.+.. I- L-1 1 1 I i ship Ton (10) South, Range Eighty-fin(85) West'of the Sixth PrincipalMeridian, in Pitkin Count., Colorado, described as followst Beginning at a point on south d i line of Lot 23 which is the north'line of Lot 26; Section 2, said point being 224 feet east of the northwest corner'of Lot,26, Section 2, thence north 180 East 271.5 fact; thence North TO Of La at 306.•fact; '.:thence Last 152•feet East to point on Maxwell North line description; thence South 80 East 194'feet; thence South 71 West 184 foot; thence South 140 West'•195 feet( thence West along South lino of Lot 23 to point of beginning, said trict.'contsine 2.6 acres, more or less. . ,,' Tract No. 3. A tract of land situated in Lot 4, Section 11, Tp. 10) S., H. 85 W. of tl—nth Principal Meridian and more fully described as follows: beginning at the Southwost corner of said Lot 4 whence the Northwest corner of said Section 11 bears N. 500 61 W., 1584.84 feet; thence N. 00 231 W., 922.67 feet to the South line of State Highway Number 82; thence S. 560 It E., 221.87 feet along the South line of,,State Highway Number 82; thence S. SBo 581 E., 346.4 feet along the south line of'State Highway No. 82; thence So. GOO 3t E, 896.3 feet along the South line ojState Highway Number 82; thence S. 180 91 W. 202.8 feet to the South lino of s iid Lot 4; thence N. 890 351 W, 1193.43 feet along the South line of said Lot 4 to the point of beginning, containing 15.5 acres more or loss. This deed includes the conveyance of a dwelling house and outbuildings and curtilage surrounding the same, consisting of approximately one (1) acre which dwelling house outbuildings and curtilego were priced at TWELVE THOUSAND FIVE HUNDRED and N0�100 (•S12,500.00) DOLLARS and sold separately from the remainder of the above described land for said sum. The property above described is hereby conveyed to the grante03 in the following proportions: To Joseph T. Zoline, his heirs and assigns, an undivided two-thirds interest in said promises and to Seymour Graham, his heirs and assigns an undivided one-third inter -cat in said premises. TOOETIIRH with all and mingulnr the hereditnments and Appurtenances thercunto belonging, or in anywise nppert.nining, and the reversion and reversions, remainder and remainders, rentg, immues, and proRIA: thereof: and all the estate, right, title, Interest, claim and demand whntsoever, of the said parties of the first part either in law or egnity, of, in and to the above hnrgnined premises, with the hereditnments and appurtenances. To 11AVE AND TO 110LD the said premises above bargained and described, with the appurte- nancesunto 103EPH T. ZOLINF, and SEYMOUR GRAHAM( the said parties of the Aecond port, their heirs and ssigns forever. And the said TONY G. SKIFF and EDITH ARDANYY SKIFF part ics of the tlret part, for them gel ve3 heirm, executors and Administrators, do covenant, grant, hergain and ngree to and with the maid parties of the sorond port, . their helrm and assigns, tint at the time of the rnsonling and delivery of theme presents . they are well nolzed of the prcmiseg above conveyed, its of good, mitre, perfect, absohrte and Indefensible estate of Inheritance In law, in fee simple, and hA ve good right, full power and Inwful authorit,v to grant, bargain, sell and convey the game In manner and form aforesaid, rind that the same are free and cIeAr from all former nod Other grants, bargnins, mnlem, Hens, faxes. nsi.egementA And InenmhrnnecA of Nvlrntever kind or nature sower. except rights -of -way for ruads, ditches and telephone lines as now constructed and in use. 9 IT and the above bargained prml w in the quiet and peaceable possession of the sold parties of the wood part their Wm and assigns, against all and every person or yorom lawfully sialmbtg or to calm the wbele or any part thereof, the said parties of the Ant part shall and win WARRANT AND FOREVER nF.FF.,%n. IN WITNF.88 WIIEREOF, The said parties of the first port be to hereunto act their hand s and Real a the day and yenr Arst show written. Signed Beabd and Dellre»Q to Presence Of...... ........... ......................................................... i I A1;,11.1 eTATUTORT ACKNOWLaDOffaNT, aaeelOM In? RTATF, OF COLORAI)O, aa, ..................County of....Carrio.ld........_.... The foregoing instrument was acknowledged before me this 3rd day of January 1956 ,by TONY C. SKIFF and EDITH ARBAM SKIFF. Witness ray hand and official Mal. ..... ' ..�)_•�'•� TsoelmiRRioncxpireR n_� .• J _. ••� n •� " If by LAnl I It N .«•.. r11w M wMw...wl.. w .Rwkl -"Ml •+ .. • •.•. •..I..�.-.. :� Jh.n 4.M w�('� . �p....n'o.n.*.u.. Nw..rWf•r4 « wM wwnr .. �++tN�w I If b .av« .I .wr.+•w.. I►.w I..,..� ...,, d .. 1, 1. { ..fl�r.�,•rA15 .AIM ►.w41.n1 «MMr .ef.+.. .f w.1, w.f«.IF.. ••wMt IL - . . _. i . _ .. ., .0 aAaY. �, Ntf t� �..Sn a i , � i �3� 1 l ~fY1{.as.'�.�•r?�c�c` RJ F�.uF...• . i 1 .�- � ta.srt. I } Filed for record ats 0115 P.N. January 3, 1957 Reception No. 104727 Peggy E. Coble .Y Recorder. QUIT CLAIM DEED (Statutory Form) Y�NOW ALL MEN BY THESE PRESENTS, That we, SEYMOUR ORANAM and 7IROINIA ORAHAM, of the County of Cook and State of Illinois, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, in hand paid, hereby sell and quit claim to JOSEPH T. ZOLINE of the County of Cook and State of Illinois, the followsn� reaI property situate in the County of Pitkin and State of Colorado, to -wit: Beginning at a point determined in the following a.�ner: From a point on the South line of Lot 2�) which is also the North line of Lot 26 of said Section 2, Township 10 South of Range 85 West of the Sixth P.M., said point being 450 feet East of the Northwest corner of said Lot 26 and 140 feet West of the 'Rest bank of Maroon Cbreck; thence North 140 East 195 feet; thence North 7 East 184 fact; thence North 80 West 194 feet; thence East 210 fact to a point which is 25 feet West of the West bank of Maroon Creek, which point is the point of beginning; thence northwesterly along a line which is 25 feet Went of the West bank of Maroon Creek to the intersection of :aid line with the South line of Lot 4 in said Soetion 2, thence easterly to a point which falls midway be- tween the east bank and west bark of Maroon Creek, theme southeasterly along a line which is midway be- tween said east bank and west bank of Maroon Creek to s point midway between said cast bank and west bank of Xaroon Creek which is directly east of the point of b.2- Sinning, thence westerly to the point of beginning. Also all water and water rights arising out of the springs or seepage situate upon said above described premises. With all its appurtenances. Signed and delivered this 15th day of December, A.D. I r I 1 1 fl L 1 1 1 i MP Recorded -t 3t2O P.Y. - January 3, 1957 Reception No, 1047M Peggy E. Coble Recorder. THIS DEED Made this 15th day of December in the year of our Lord One Thousand Nine Hundred and Fifty-six, between SEYMOUR GRAHAM and VIRGINIA ORAiiAM of the County of Cook and State of Illinois, of the first part, and JOSEPH T. ZOLINE, of the County of Cook and State of Il inois, of the second part; WITNESSETH, That the said parties of the first part for and In consideration of the sum of EIGHT THOUSAND DOLLARS 46 ,000.00), and other valuable considerations to the said parties of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said party of the second part, his heirs and assigns forever, all the following described lots or par- cels of land, situate, lying and being in the County of Pitkin and State of Colorado, to -wit: E}SW;, being Lots 16 17 and 21, and alas Lots , 81 91 14, 15, 22 and 23, ail in Section 2, and the NEInwi, being Lot 4 of Section 11, all in township 10 South, Range 85 ',lest of the 6th Principal Meridian, together with all ditch and water rights used in connection with the above described premises and particularly but with- out limitation upon the foregoing, all right, title and Interest of the grantors, the same being approximately an undivided one-fourth interest in and to the Willow Creek Ditch numbered 93 and the priorities adjudicated thereto, the same being priorities numbered 129, 174 and 209, in the decrees of the District Court of Garfield County, Colorado, in and for Water District Number 38; Provided always that there is hereby excepted from this conveyance the following described tracts of property: Tract No. 1. That part of Section 2, Township 10 So., Range o:) W. of the 6ty P.M. described as follows: Beginning at a point on the South line of Lot 23 which is also the North 1'ne of Lot 26 of said Section 2, said point being 450 feet East of the North West corner of said Lot 2,z� and 140 feet West of the West bank of Marlton Creek; thence North 140 East 195 feet; thence North 7 East 184 feet; thence North 80 West 194 feet; thence East 15 feet to a point of true beginning of a strip of ground 30 feet wide hereinafter more specifically described; thence East 195 feet to a point being 25 feet West of the West bank of Maroon Creek; thence Northwesterly along a line which is 25 feet West of the West bank of Maroon Creek to the intersection of said line with the South line of Lot 4 in said Section 2; thence East along the South line of Lots 4, 3 and 2 in Section 2 to the North West Corner of Lot 10 in said Section 2; thence South along the West line of Lots 10 and 13 in said Section 2 to the intersection of said West line with the North line of Lot 24 in said Section 2; thence West along the North line of said Lot 24 to the North West corner of said Lot 24; thence South on the West line of said Lot 24 to the South East corner of Lot 23 of said Section 2; thence West along said South line of Lot 23 to point of beginning, containing 76 acres more or leas. P rl 1 Ll 1 1 I Also the following described stripp of round being 30 feet wide and lying 15 feet on sither efde of a line described as followst Beginning at said tru• point of beginning hersinabove tsentionel thence North 5 1 ' Last 233.7 fest; thence North 06 Q4i (lest 250.4 feet thonoa No th 7 29! Wsst 151.6 fast thence North 1 14' Last 233.4 fast •nos North 79 5;' West 30.9 feet; thence South 29b 05, Mast 30 feet; thence South 790 05' Wont 109.0 feet more or less to the existing County road containing 0.72 acres more or less it being intended that said strip shall constitute a roadway for ingress and agrees to said County ROU','4 Tract No, 2 A parcel of land in Lot Twenty-three (23), cc on o (2), Township Ten (10) South, Range Eighty- five (85) West of the Sixth Principal Meridian, in Pitkin County, Colorado, described as followat Beginning at a point on south lino of Lot 23 which is the north line of Lot 26, Section 2, said point being 224 feet oast of the northwest corner of Lot 26, Section 2, thence north 180 East 271.5 feet; thence North 70 0' Bast 306 feet; thence East 152 feet Bast to point on Maxwell North lino dgacrip- tion; thence south 80 East 194 feet; thence South 7 West 184 foot; thence South 14 West 195 feet; thence West along South line of Lot 23 to point of beginning, said tract contain* 2.6 acres, more or leas. Tract No. 3. A tract of land situated in Lot 4, Section , 3,, R. 85 W. of the Sixth Principal Meridian ani more fully dosoribod as follows: beginning at the Southwest corner of Bald Lot 4 whence the Northwest corner of a$id Section 11 bear* 11. 50° 6' W., 1584.84 feet; thence N. 0 23' W., 922.67 feet tg the south line of state High- way Number 82; thence S. 56 1' B., 221.87 feet along the South line of Stato Highway Number 62; thence 3. 58° 558' E., 346.4 feet al en� the south line of State Highway No. 82; thence So. 60° 3' 8, 896.3 feet alonngg the South line of State Highway Number 82; thence S. 19° 9' W. 202.8 feet to the South line of said Lot 4; thence N. 890 35' W, 1193.43 feet along the South line of said Lot 4 to the point of beginning, containing 15.5 acres more or less. Tnis deed includes the conveyance of the dwelling hou•te and out- buildings and curtilege surrounding the acme. The property above described is the name property described in the deed dated January 3, 1956, between Tony 0. Skiff and Edith Arbaney Skiff, and Joseph T. 2oline and Seymour Orahamt recorded January 4, 1956in Pitkin County, Colorado, in Book 161, Page 420, Reception No. 163284, which deed conveyed to Seymour Oraham, his heirs and assigns, an undivided one-third interest in said premlaca. This deed therefore conveys to Joseph T. 2oline, his heirs and as- signs, an undivided one-third interest in said premises. TXETHBR with all and singular the hereditaments and appur- tenances thereunto belonging, or in anywise appertaining, xr.d 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 parties of the first part either in law or equity, of, in and to the above bargained pr-w..iacn, with the hereditament: and appurtenances. -2- t TO JiAVE AND TO HOLD the said prom 116 ea above bargained and described, with the appurtenances unto JOSEPH T. ZOLINE, the said party of the second part, his heirs and assigns forever. And the said SEYMOUR GRAHAM and VIRGINIA GRAHAM, parties of the first iatrators,pdotc covenant, grant, bargain for themasIv 0 a, their hand sagree ctoorB and with and dthe ^ said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these presents they are well seized of the premises above conveyed, as of good, sure, perfect,•absolute and indefeasible eutate of inheritance in law, In fee simple, and have good right, full power and lawful authority to grant, bargdln, sell and convey the same in manner and form afore- said, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and in- cumbrancea of whatever kind or nature soever, except rights -of -way for roads, ditches and telephone lines as now constructed and in use, and s in possessionhofatheesaideained party of heesecondhpart,ehisnheirscic and Ingiorstoaolaimtthelwholeeorranyepart thereof, theasaidlnartaes- of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said parties of the first part havc- hereunto set their hands and seals the day and year first above written. / STATE OF ILLINOIS as COU1JgY OF COOK The foregoing instrument was acknowledged before mc, thi, 15th day of December, 1956, by SEYMOUR GRAHAM and VIRGINIA GRAFAN . Witness my hand and official seal. ` My commission expires: o Lary FIE -3- u 1 r, n [l s..ara.a a�.,• ,1,0 i°,Q.•„•e ola.k,,,�1 �,,,N,, ,,.,.. , 1�,RY.�A�,A K,..�9,....l �.h .., NOX 200 PAI R000pNnaNil ,,,.,il9.�Q.�....,,,,...,,„•,.•....,,Neoera•r, Tins DxKn, htado Ihla ►M~ day of NqyNber In lho year of am form e nnn Ihminand nlno hnndrod and Sixtptw° hste►on jMrH T. ZOL XX of Ihn i'muoy of Pitkill and RIAls of Onlorado, of Iho flrol pan, on i !� TlIX ZOLINF IOUNDATION, A Corporation of the State of Illinois, xobcMaao baiAwal of Ihn ooroml purl, r WITINNSR1491I1, Thnl IIin .mill Iron y of Ihn finl Ilan, for and In :on.l:l nl o•I of Ihn .oul ,if " Ten Dollars and Other Valuable Oonsideration, if In Ile' .ni,l i,arl y of Ihn flrol parr in hand lined by Ilse .all pnrl y of flea aeoond purl, Ihn romwiln e f; Nhorrof I. hnrehy onnfe.00d And aphnowledRoil, ha a romlaed, roleased, Wit, nonvoyeil nml 1)m1 Nopioin,L f ! ' Y owl fly Ihnan hrnSenlo eln oa renlla0, WOW, aptl, QOnPOy Will VIIIf41161l1 1111111 1140 111 purl y of 1110 An undividod ono -half (�) intoroat In .or:vnl i,nn ity heirs nn:l nkoiono forovnr/all the riWhl, helm, fit ,-o.l, nlnnn un:l :I-,noul,l ohinh Iho hill pgrt i Iho Tirol purl hn a in and In Iho followinW,b,vribo,l pAroel of lAnd Ailunln,, lyinW no:l helnq In IhM Counly of ritkin eml yleln of Vol„rmin, Imrvll I All that part of Lots 14, 13, 17 and 23, all in Section 2, T. 10 S., R. 85 W., of the 6th P.M., lying South of the South line of the existingi county road and as to said Lot 23, lying vast of a line described as folloval Dolinnina at a point on the South line of Lot 23 which is the Norch line of Lot 260 said rpot being 224 feet FAst of the northwest corner of lot 26, thence North 1I last 271.5 feetl thenas North 7° 01 Kest 306 festl thence Last to a point 15 feet west of the point of tive beginning hereinafter mentioned thence vest of the vest line of a strip of ground being 30 feet vide And Eying 15 feet on either side of a line described As fo.l1mirml Neginn. ing At a point of true beginning arrived at as follows, from a point on the i South line of Lot 23 which is also the North line of Lot 26 of said 9ootion 2, said point being 450 feet bast of the Northwest corner of said 4t 26 and 140 feet vest of the wort bank of Marron Creeks thence North 141 Fast 193 feetl thence North TO Fast 104 feet) thenos North 00 West 194 feet thence Fast 13 feet to the poinj of true bsginningi thence North 50 IF Fast 233.7 feed thence North 6 241 Weil 210,4 festi thence North 70 241 west 151.6 festl thence North 1° 141 4st 233.4 feet) thence North 790 $51 west 30.9 feetl thence South 290 031 Fast 30 feed thence South 790 051 West 109.0 feet score or less o existing County Roads also Lots 21 and 22 h in said Section 21 and the NZI It being Lot 4 of section U, except that portion of said Lot 4 described as followeli beginning at the southweat is oorner of said Lot 4 whence the northwest oormar of said section 11 boars N. 100 61 W. 1554.04 feed thence N. 00 231 W, 922.67 feet to the South line i Of state highway 021 then" S. 360 11 lot 2;1*67 fset along the South line of State Highway No. 021 theme s. 300 301 1. 346.4 feet along the Seuth a line of State Highway No. 021 thence South $00 31 t. $96.3 feet along the y South line of State Highway No. 021 theme S. 150 91 W. 202.0 feet to the p South line of said Lot 41 thence N 090331 W.p 1193.43 feet along the South pl Ir 01,AIM D111P. -ar.gfara•a.1,in.wa rM.. La, wrM A,,Nlit 141,.a.1 nl.e4., Ir161. OLM{ OL, P•. r,r, t41ou,M i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 B04u PAC! 18 MTATK OF COLORADO, N, County of Pitkin 1, (� 2� / In and for MIA Cnnniy In Ihr HI►le ►forruld, do hereby rerory thAt Joseph T. Lolirn prrwitoMy known to mt to bt tht penwm who*# un,I is Aubwribtd to the fortirolnj Dood. Appeared hrfnrr mt thlA dAy In ptr►an, And Anknnwltd1td thAt w Almd, AIAIId And dtllvtrtd the mid Intim, omit if %►Mink As his frer And rnhlnlAry AAI fnr tho uuA Aed purIKmao Ihereln ►el (firth, tllven under my hind And 4�40AI, thh /y 1' dey ► ' of Noymbor A. A, 10 61 Cummlalon riplrae In G Jr r) Tiled for record December 26, 1963 at 11 M o'clock PH r„ Rsosption No, 116049 Peggy 1, Coble, Recorder r Quit -Claim Deed Thin Dead, made this 20th day of December, 1963, botwoon JOSEPH Tr ZOLINE, of the County of Pitkin and State of Colorado, of the first part, and THE ZOLIN6 [FOUNDATION, a corpontioti; of the State of Illinnis, of the second pnrt, WITNFSSETH that the aAW party of the first part, for and in consideration of Ton Dollars and other valuable consideration to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has romisod, released, sold, conveyed and Quit - Claimed, and by those presents doom romiso, roloaso, sell, convey and Quit -Claim unto the said party of the second part, its hoira and assigns forever, an undivided ono-thirtoonth (1/13th) interest in nll tho right, title, interest, claim and demand which the said party of the first part has in and to.tho following described pnrcol of lnnd situate, lying And being in the County of Pitkin and State of Colorado, to -wit: All that part of Lots 14, 15, 17 and 23, all in Section 2, T. 10 S., R. 85 W., of the 6th P.M., lying South of the South line of the existing county road and as to said Lot 23, lying west of a line described as follows: Beginning at a point on the South line of Lot 23 which is the North line of Lot 26, said point being 224 feet East of the northwest corner of Lot 26, thence North 180 East 271.5 foot; thence North 700' East 308 feet; thence East to a point 15 feet west of the point of true be- ginning hereinafter mentioned, thence west of the west line of a strip of ground being 30 feet wide and lying r 1 1 P.Oo) 205 P�( i 27'7 15 foot on either side of A line describod as followat Doginning at A point of true b@ginnins arrived At As follows, from a point on the South line of Lot 25 which is also the North line of Lot 26 of said lootion 2, said point being 450 foot Last of the Northw@nt cor- ner of said Lot 26 And 140 foot vast of the went bank Of MArrgn Crook thence North 140 BAst 195 feet; thence North 7 Bast 184 fact{ thence North 80 West 194 fact{ thence Salt 15 foot to the ppoint of tnte beginning{ Chance North 50 18' RAat 253.7 foot) then oe North 60 24' Went 250.4 foot{ thonoe North 70 29 wont 151.6 faet� thence North 10 14' EA4t 235.4 Coots thence North 79 55t wont 30,2 foot; thence South 29 05 EAAC 38 feat{ thence South 79 05' West 119.0 foot more or loss to the oxinting County Road; A140 Lots 21 and 22 in said Section 2, And the N&kNWk, being Lot 4 of Section 11, except that portion Of Said Lot 4 described as followst beginning At the anuth- west corner of SAid Lot 4 w9ence the northwest corner of said section 11 boars N. 50 6' W., 1584.84 foot; t.honca N. 00 23' W., 922.67 foot to the South lino of State High- way 82; thence S. 560 1' E., 221.87 toot Along the South line of State 111ghwAy No. 82; thence, 8, 580 58' E. 346.4 feet along the South line of State Highway Na. 821 thence eoGith 609 3' 9, 896.3 f@@t along the South lin@ of ®tat@ High- way No, 021 th@no@ 8, 10" 9' W. 202.0 f@@t to the llekith line of aAid Lot 41 thence No. 890 35' W., 1193.43 f@@t Along the South line of said Lot 4 to the point of bog. containing 15.5 Acres, more or loss, situate, lying and being in the County of Pitkin and State of Colorado, TO HAVE AND TO HOLD THE SAME, Together with all and singular the appurtenances and privileges thorounto belonging or in anywise thorounto appertaining, and all the estate, right, title, interest and claim whatsoever of the said party of the first part, either in law or equity, to the only proper use, benefit and bohoof of the said party of the second part, its heirs And assigns, forever. IN WITNESS WHEREOF, The said party of the first part has hereunto sot his hand and seal the day and year first Above written. ...--T (SEAL. ) Jose T. ZoliM -2- • , t. 4 f r , r w t r for "said M"OMI 14 too Mai tIN11- /q � 1 r. •J i 46i 41 . l ,mot � • I 4 , r 1 , Dss�,:aande this th 4y et�eAO. et FAMS"end $tot• of�ColocadO, of 'tM i'e+� >m1•U�# ii0111 VION• a Ootpofotioa pf.,sha — of the loo na �I M!'iflRf$ltfl. that the Nu pd/ity of 96 ' fttei Pitt `� >! A* OW to ooas}dotatlon of'ha Ooilete adOtW-,valwble oas oiastation to the said 'p4aty of tbo' lint part.!* hold M 'the seta porter of the. ssoonl pasta ad r'Ooollt' MM rit Lf heryby oonioaooa eh0! NlapMlomet Mo j I,folee sonw�rod and quit�olelu.a a+d , ,, j } 4 R do"�:Ns tYeleNe j Ye!!. ' eoasiI thi'er /arty of eM eeooad Pert, its in end �t t �i' tb llt�� w'�ryM'title �mostO too �ii�thl �ttlliM Mdew ere N!� y rep tila firso plug .Mel, Mii,,; " i • T �, , p!!eMlly' N le I of 1MM elewote irtly , >ie !u tha tr o! llttlta eM #told of Oa�erede� , `Alf thee' pate of to t,14NIXON 11M #t''ofl 'till rVK1#MR01 ! :i' 104tMf!pN•1 11Ilf N � a111 eo ce� ter =ft � ,' i lout Od oho' #outs Asa: of f r'w. wl�,#silt' `aaetwleee k .ifo•p(' � »'r�'y1y�>� .+ �O 1 # frets'thedoe Wt to a 00iat' µ tbr. p0iat "Of tm Waini h.r.in• •.' " ♦r, , ¢ ., eftee er leoed eha�iie Mist OUthe ."8 i o! 4 3 }} e • t-.., ettl► o� be> $0 "tNt widesad �y 13 rti ', iNt_OA a !0 1 ��•� *��,r �� �<.* : ' • , , else of • !!ae aseeeibeb i Mlim- *.rt t.po o! «tuu be#lmi- $ aceiwd a't • } t , • as foilowrt; triii� point • oa the f mth ltno of "Lot . !y whimb to Kelso %t Noteh° ltw of Lot 36 o! paid ; J. g9• �rt:� g� �t , 41 r' 0'1111'er Also 6161"N 1Nt �r �•eta; �....a. , -� ,'', ;eooN210'n� I P '� £ -'7k?Ir'`Y�:. i cK is fnAY 41 jr r*'kit y � ' ' , I ' • I gootion 9,�§Atd poll betrip 450 teir 9411qsret the, 1� v NorthWe b •orn•r. e!, aia,.f•or gs An l40 .te1t: We x et tho it 'bank et ylar lI a th nee North l40 ' gaefll91 tae0r> henoe° North' RZrt sly t t3 �, then4• North S®;IMe 1414, tart , ihene� aaar to # . ` . te•l o let :e trYei:beg�n�f Sol Magi • lh nea vAh 9� toot sss; ,. + `°� '� F th•ndr h Sa 14, All !13•4; Ooer tpp��ny �I � �9� Be,pQ•f .# et� he • gout l4� 0!l a 3� ' r heo� eu h . 4 03 well l 994 Loe$ or Be r lla e l ipg May Notd` alpe'Lot ,1 r��„� and. to ' aaid ; leel -,ap A", the Ng%" i f� Y# , � �L< Lot 4 of lie lloA:Lt aUePt;that portion Ofr >-L. 1pt4 Oa bad °au oilove t beginning a! Meat oo ol,4alo Let V Vhanoe tha art of corner of aid' east �n l'boat'Nc '1 .a�` W, s 4' •�` ; , + ; ' too the the' p M 00 � W.�', OZZ.�7, te•t to th•�gou tine at's A t' teat Mlon oho glut Alin ot.ltete Nighaay N *'�9 lhenoe ®• fig y0 -34414 t•oll ion the ot•gtate I�tghwa NAB ,0�,tlanQe •c goo �• �a, * ih # •, - �► Ago$$ tierr Alen�t go�th' no' t. g a 61 >r M'No. 11�'lhonoe I• l o, 9 `N• - 3Of• 'roil' r' t�''N l `ZLne of traid�Loll theme Noe 890 '!! W is ' 4i (teat Gloat tla• Rout l� of said Lot 4 f o toFyt of begs o"tatnl" !•' rioroep more or looeoiittmito - A. _'. +Lying and being; In he County, of fltkAs. ands. gtate of x r 1 CaLo%d • t' t w , `AND To HOLD TNR $ together Ah ail let the upppuurtenanoer ;a�idd pprivtiegee thereunlo ;brlongg' :3 �.� • . nor dare th6runto:appal�tainint; and all the„eetate` fight} lti� int lraed; SOUc calm -04too wr of tM' eaid, paeey r l " Utb r is ]LAW "or�ynity+ to the VA.1Y roper _ 'biboot olr the ee d party of thor l"o $ pa�t� ` !. aeoigae0 for V.. s �' • # :, R11R1l10gg IMRIIltOF� the jand patty of gthikl tires' 1'ly ' to"eil'hir bend an eoai the' i1y sad year tit'et 4w� ui �• 3 . r n L z:. �� g3.jS•f.:� �'-1= r 1�. ;�, S � rrf �� � , �! �4 � ,J �a,:�ts� � •/ � s i-+ `rr � a 1,t',1 Ii �'S': f r.l,�Y� IG...f`j t # r r '�r j�,`, y �. 1"+ rifz •fix Toil , a,,i fzlj«}Yk'F ._�•r.i �Ai �3"f'����f � $p��'° ��M1.ltt��'[. ��^1fi '� r' , s• w , � �rY{F.{'1.F } � �i�, -�' f !� 3 � :Y' t i tl.e t� �•� L...,,, i I� � i , c k1• s * , P • ys�a Al �� f #s a'ffT,�,t r f:. kfi� /. , • 4.-:_r., b .jTf f .+I ..}�.„ { dedds •' Tared 4etoee,me' tke ;day in pil:on,' hi0 h�i rood, 1e61ed, ind I aeiivieed thi laid noment of •1 � i r: + . •... t , , ,� f . ,.' >�• "� hir'Eree; gnd voiantAvy �Iop•iAie:the;wei . � n ,1.-, C r , k� 1 .: frk < ���i�t .. .,.f �' �' a ".�'a•�, rtt = . fli, 4 d Y': wD7 Si�9l L'1 ( ^•i, �' i f ,g �+ . S . l` i •.* ��'► � ' '•.� $� B 4r«� i ' .fit` .+1' ti etk�i "r� 1� t �,T_. ' � .- S- 1IY '.8lf ' �t' Y?i I=��r �..a� t,� •.. i, ,Y .� i • .,i . ----;�•---- . . a �;sa�<-,sue ._<,� . , �� • _ -:.: ; . _ . ..c. r .i- � ate.:,:<_' .t.txmra.n .v�+a;.i•, -�• -�. '—� I Tiled for record December 20, 1%5 at 2:00 O'clock PH Rsception No. 122861 Peggy E. Coble, Recorder .� _ Ko�, 217 iiA75 QUITCLAIM DEED This Deed, made this 14th day of December, 1965, between JOSEPH T. ZOLINE, of the County of Pitkin and State of Colorado, of the first part, and THE ZOLINE FOUNDATION, a corporation of the State of Illinois, of the second part, WITNESSETH that the said party of the first part, for and in consideration of Ten Dollars and other valuable r;7 consideration to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and Quit -Claimed, and by these presents does remise, release, sell, convey and Quit -Claim unto the said party of the second part, its heirs and assigns forever, an undivided one -thirteenth (1/13th) interest in all the right, title, interest, claim and demand which the said party of the first part has in and to the following described parcel of land situate, lying and being in the County of Pitkin and State of Colorado, to -wit: All that part of Lots 14, 15, 17 and 23, all in Section 2, T. 10 S., R. 85 W., of the 6th P.M., lying South of the South line of the existing county road and as to said Lot 23, lying west of a line described as follows: Beginning at a point on the South line of Lot 23 which is the North line of Lot 26, said point being 224 feet East of the northwest corner of Lot 26, thence North 18 East 271.5 feet; thence North 700' East 308 feet; thence East to a point 15 feet west of the point of true beginning herein- after mentioned, thence west of the west line of a strip of ground being 30 feet wide and lying 15" feet on either side of a line described as follows: Beginning at a point of true beginning arrived at as follows, from a point on the South line of Lot 23 which is also the North line of Lot 26 of said 1 1 U. P BOOK2111 PAGE 76 Section 2, said point being 450 feet East of the Northwest corner of said Lot 26 and 140 feet west of the west bank of Maroon Creek; thence North 140 East 195 feet; thence North 70 East 184 feet; thence North 80 West 194 feet; thence East 15 feet to the point of true beginning; thence North 50 18' East 233.7 feet; thence North 60 24' West 250.4 feet; thence North 70 291 west 151.6 feet; thence North 10 14' East 233.4 feet; thence North 790 55' west 30.9 feet; thence South 290 05' East 38 feet; thence South 790 05' West 109.0 feet more or less to the existing County Road; also Lots 21 and 22 in said Section 2, and the NEkNWk, being Lot 4 of Section 11, except that portion of said Lot 4 described as follows: beginning at the south- west corner of said Lot 4 whence the northwest corner of said section 11 bears N. 500,6' W., 1584.84 feet; thence N.00 23' W., 922.67 feet to the South line of State Highway 82; thence S. 560 1' E., 221.87 feet along the South line of State Highway No. 82; thence S. 580 58' E. 346.4 feet along the South line of State Highway No. 82; thence south 600 3' E. 896.3 feet along the South line of State Highway No. 82; thence S. 180 9' W. 202.8 feet to the South line of said Lot 4; thence No. 890 35' W., 1193.43 feet along the South line of said Lot 4 to the point of beg. containing 15.5 acres, more or less, situate, lying and being in the County of Pitkin and State of Colorado. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title. -interest and claim whatsoever of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said party of the second part, its heirs and assigns, forever. IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal the day and year first above written. (SEAL). seph T. olin BOOK 21 7 PACL 4'I 1 STATE OF ILLINOIS) ) SS COUNTY OF C 0 0 K) I, Catherine 0. Schmitt, a Notary Public in and for said County and State aforesaid, do hereby certify that JOSEPH T. ZOLINE, personally known to me to be the person whose name is subscribed to the foregoing Deed, appeared before me this day in person, and acknowledged that he signed, sealed and delivered the said instrument of writing as his free and voluntary act for the uses and purposes therein set forth. GIVEN under my hand and notarial seal, this 14th day of December, 1965. Notary Public T;! !?4 !., Xredemmission expires February 17, 1968 -3- -fir EXHIBIT 2 1 I pi I r� 1 1 1 Ll ASPEN/PITKIN COMMUNITY DEVELOPMENT OWNER: Gn CONTRACTOR: STREET ADDRESS: J 1 PERMIT FOR: PERMIT NO.: ,�- 7 k DATE ISSUED: THIS CARD MUST BE POSTED SO IT IS PLAINLY VISIBLE FROM THE STREET. FAILURE OF PERMITTEE TO CALL FOR INSPECTION AS PROVIDED BY ORDINANCES MAY RESULT IN PENALTY. INSPECTION 24-HOUR PHONE NUMBER: 920-5448. INSPECTIONS REQUESTED BY 7AY1 WILL BE DONE THAT DAY; REOVESTSAFTER 7 AIVI WILL BE DONE THE NEXT DAY. ALLOW THE WHOLE DAY FOR INSPECTION TO BE ,LIADE._______________�___-____ ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 920-5090 1 Galena ASPEN46 PITKIIV ,OMMUNITY DEVELOPMENT r-PARTMENT General ,-CO'81611 PERMIT APPLICATION Permit 920-5090 �,/ N ❑ PITKIN COUNY 5448 Inspection line TI� CITY OF AS PE Mnt to complete numbered spaces - JOB ADDRESS LEGAL LOT NO. r. ) ` BLG�:- TRACT OR SUBOtVISt10`N! , DESC. -{t ice) N7 OWNER 7 CONTRACTOR , tI 4rlt�rrtrr lrc"L Dl-4- ARCHITECT OR ENGINEER OF RECORD CLASS OF WORK ❑ NEW 1316DITION ❑ ALTERATION USE OF BUILDING O $ALUATK)N OF WORK _ SOUARE FOOTAGE 10. Is there food service in this building ❑ YEs Is LPG used? ❑ YE's 0,N(5' �. Rcmnrlrc MAIL ADDRESS \Zc�A,\; MAIL ADDRESS MAIL ADDRESS (❑ SEE ATTACHED SHEET) / ZIP PHONE ,,,r PHONE MAIL ADDRESS -+.• PHONE .�.} G/•,.:-ILA (,'•i�'t111Jy'a�Lt ENERGY CODE FEE JUSE TAX PLAN CHECK FEE Type LICENSE NO 7_ ' 1 O MS LICENSE NO R F CENSUS CODE h/ 'FEE ZONING FEE 6 Grout) Lot Area v-N ilding uildirg Size Bu (TOtal Ft. No: pf Stories \ 1 NO, OF BEDROOMS Use Zom R \ EXIST17G I ADDED r No. of Dwelling Units —IF .r...r rnr / Covered SPECIAL APPROVALS REQUIRED PARK DEDICATION ENVIRO. HEALTTtiJ PRESUBMITTAL ` APPLICATION ACCEPTED]LaANSC�HECKED---FB �E ENGINEERING Br ` ' Br PARKS 0 Occ.Load FireSprinklers Required? ❑Yes cAlarm System Required? ❑Yes ❑NOUncovered t'rHORIZED BY jT % FIRE MARSHAL DATE ' DATE- V DATE WATER TAP ,L, NOTICE ASPENCONSOL SAN DIST. S� •! ' "; C— SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMBING, HEATING OTHER VENTILATING OR AIR CONDITIONING. THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION - AUTHORIZED IS NOT COMMENCED WITHIN 180 DAYS, OR IF CONSTRUCTION PAYMENT OF PITKIN COUNTY USE TAX OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 180 DAYS AT ANY TIME AFTER WORK IS COMMENCED. ❑ MONTHLY OR QUARTERLY RETURNS WILL BE SUBMITTED I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND ❑ DEPOSIT METHOD 3.5 % OF 25% OF THE PERMIT VALUATION PAID KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AT ISSUANCE. A FINAL REPORT ON TOTAL ACTUAL COST MUST AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED BE FILED WITH IN 90 DAYS OF SUBSTANTIAL COMPLETION OF WITH WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING OF A PERMIT WORK AND / OR ISSUANCE OF THE CERTIFICATE OF OCCUPANCY. DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PRO- VISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION ❑ EXEMPT: EXEMPT ORGANIZATION OR THE PERFORMANCE OF CONSTRUCTION. IT IS MY RESPONSIBILITY TO REVIEW THE APPROVED PLANS AND ANY COMMENTS THAT ARE CONTAINED THEREON&ANSEETHATTHE STRUCTURE AND/OR PROJECT IS BUILT IN ❑ RESAL?: ATE & PITKIN COUNTRY RESALE NO. COMPLIAALL APPLICABLE CODES. s ,2 ANYONE WHO USES AND / OR CONSUMES BUILDING MATERIALS AND FIXTURES IN SIGN- E OF CONTRACTOR (DAM PITKIN COUNTY IS SUBJECT TO THE 3.5% USE TAX. PROPERTY LIENS MAY BE PLACED ON THE OWNER'S AND /OR THE CON - SIGNATURE OF OWNER OF OWNER BUILDER [DATE) TRACTOR'S PROPERTY WHEN USE TAX IS NOT PAID THlS FORM IS A PEWAIT ONLY WHEN VALIDATEC ` lORK STP.RTP _% `,'i1Tti OUI P&4i 11 s1tILL BE DOUBLE FEE Energy Code Validation Plan Check Validation Zoning Validation Permit Validation 3.5 % Use Tax Deposit Validation 02 WHITE-FICE COPY CANARY -APPLICANT PINK -BUILDING DEPARTMENT GOLD -ASSESSOR ri E I r t I n I I I W7 -74 41 -r5 419 T U\rlNG AREA Icr I 171 Me sq.t," C- T5 519 4Z3 7-T o i i a= 9l8 O� `AiNnOO NI Ill QVOb TJd1S ooIt s i� 30N3(]IS3H )\3AH dH T z� �o �a n 1 1 1 1 1 1 1 t 1 i t 1 1 1 .. Z)l8 00 `AiNhO0 Nl N11 a. o VOa 3 Jd1S OOCC 30N30IS38 A3A.HVH 0 o � A n o�i O 9 L ' 4- 4- 1 .P J f. �t\ L 1J- � _ 2 s l •4 L'f Z 0 Ma z L r � o� o� J V C1 I I 11 D 1 1 APPENDIX C 5 JUN 29 '58 ©2:21PM PITKIN COUNTY GOVT. P.1 i 1111111111111111111111111111111111111111111111 It IN aisaa4 82124i1"a 9912M 1�s�MUT1 DAVIS SI4Y1 EXHIBIT 1 1 of 3 R 0.00 0 0.00 N 0.00 PIT914 CtwKTY CO 1 RESOLUTION OF THE BOARD OF COUNTY COMMIISSIONERS OF PITION F1 I I COL-INI'Y, COLORADO, GRANTING SPECIAL REVIEW APPROVAL, TO THE HARVEY CARETAKER DWELLING UNIT Resolution No. 98-..%- RECITALS I. Constance Harvey, hereafter "Applicant", has applied to the Board of County Commissioners of Pitkin County, Colorado, hereafter "Board", for special review approval to deed restrict an existing cabin as a caretaker dwelling unit. Z. The property is zoned AFR-10 and contains approximately 62 acres. 3. Said parcel is located at 1100 Stage Road, and is more specifically described in Exhibit A. 4, The Applicant proposes to deed restrict the existing cabin pursuant to Section 3- 150.130(B), Caretaker Dvwelling Units, and Section 3-210.10, Special Review, of the Land Use Code {hereafter "Code''] 5. The Board heard this application at a regularly scheduled meeting on January 14, 1998, at which time evidence and testimony was presented with respect to the application. 6. The Board finds that the application generally complies with the applicable sections of the Code. NOW, THEREFORE, BE IT RESOLVED by the Board that it dons hereby grant Special Review approval of the Harvey Caretaker Dwelling Unit, subject to the following conditions: 1. The caretaker dwelling unit shall be limited to 700 net livable square feet. 2. The applicant shall obtain and the Housing Office shad record a caretaker dwelling unit deed restriction within ISO days of this approval. 3. Housing and Community Development staff shall inspect the unit prior to recordation of the deed restriction. 4. The applicant shall provide documentation to the Environmental Health Department of the existing individual sewage disposal system, and shall obtain an iSDS permit in order to bring the system into compliance with current regulations, if necessary, prior to recordation of the deed restriction. 1 1 1 I 1 JUN 29 '98 02:22FM PIT}<IN COUNTY GOUT. P.2 i iiiNl ilNi ililli ilitf l ill iiNi! Illlli iil i�l� llll liii 42�84 U/24/1898 88 rM RESMMI DIWTS SILYI Resolution No. 98- Z of 3 R A.00 D 0.00 N Q.00 rITKIN tM!>M CO Page 2 S. The applicant shall adhere to all material representations made in public hearings and in the application. NOTICE OF PUBLIC HEARING pnLISHED IN, TEE ASPE'i TIMES ON THE 13TH Da'? OF DECEMBER, 1997 APPROVED AND PIED QN 14 AY, OF JANUARY,1998. APPROVED AS TO FORME Jahn Ely, Cotutty Attorney Case 4PI31-97 Pm #2735-024-00-004 suzmncwipitkinlcaseslcdulharvr/a"o. doc HOARD OF COUNTY CO'I'vWSSIONERS OF PITFJN, COUNTY, COLORADO Dorothea Faris, Chair APPROVED AS TO CONTEIN7. Cindy Houben, Community Developmant Dh=tcr JUN 29 '98 02:may--PM PITKIN COUNTY GOVT. P. 3 ' EXHIBIT A PARCEL 1: All situate in Section 2, Township i0 South, Range 95 West of the 6th P.M. and described as follows: Beginning at a point on the souta line of Lot 23 which is also the North line of Lot 26 of said Section 2, said point being 450 feet East of the Northwest corner of said Lot 26 and 140 feet West of the West bank of Maroon Creek; thence North 14° East i95 feet; thence North 70 East 184 feet; thence North 80 West point of true 194 feet; thence East 15 feet to a poibeginning of a ship of gTou d 30 feet wide hereinafter more specifically described; thence East 195 feet to a point being 25 feet West of the West bank cr Maroon Creek; thence Northwesterly along a line which is 25 feet West cf the west bank of Maroon Creek to the intersection of said line with the South line of Lot 4 in said Section 2; thence East along the South line of Lots 4, 3 and 2 in said section 2 to the ' Northwest corner of Lot 10 in said Section 2; thence South along the West line of Lets 10 and 13 in said Section 2 to the intersection of said West line -with the North _ine of Lot 24 is said Section 2; thence West along the North line of said Lot 24 to the Northwest ' corner of said Lot 24; thence South on theiWest line of said Lot 24 tothe Southeast corner o' Lot 23 of said Section 2; thence West along the South line of Lot 23 tc true point of beainning. PARCEL 2: The following described strip of ground being 30 feet wide and lying 15 feet on either side of a line described as follows: Beginning at said true point of beginn4ma hersinabove mentioned above; thence North 15018, East 233.7 feet; thence North 6124' West 250.4 feet; ..1_ence North '029' West 131.5 teat; thence North 1014' East 233.4 feet; thence North 79055, West 30.9 feet; thence South 29005' East 38 feet; thence South 79005' WeQt 109,0 feet more or less to the existing County Road. EXCEPTING FROM THE ABOVE THE FOLLOWING P_kRCE1,S : 1. Right of lug--ess and egress reserved by Tony G. Skiff and Edith Arbaney Skiff -4z Document No. 34000, recorded in Book 166 at Page 431. 2. Parcel of land described in Document No. 101081 recorded in Book 172 at Page 320. 3. Parcel of land as described in Document No. 7-03700 recorded Hook 165 at Page 595. SUBJECT TO an easement for a right-of-way over Parcel 2 for ingress and egress from the County road to the ,tracts of land described in Document No. 101081. (ng U1N 1111I ININ 11 till 111111111111111111111 13M 0/2411M 00; 23ft RM UTI DAMS SILVI 3 of a k a. Q�8 D Q. M N 4.00 P I TKIN COUNTY CO 1 EXHIBIT 2 ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITI[N COUNTY, COLORADO, AMENDING A CONDITION OF APPROVAL OF RESOLUTION NO.98-2, THE HARVEY CARETAKER DWELLING UNIT RECITALS I . Pursuant to Section 3-200.80 of the Land Use Code, Connie Harvey, hereafter "Applicant", has applied to the Community Development Director of Pitkin County, Colorado, hereafter "Director", to amend a condition of Resolution No. 98-2, by which the Board of County Commissioners granted approval for the applicant to deed restrict an existing cabin as a caretaker dwelling unit on January 14, 1998. 2. The applicant is requesting approval to amend condition 42 which requires recordation of the deed restriction within 180 days of the approval. 3. The Applicant's lot is zoned AFR-10 and contains 62 acres. 4. The property is located at 1100 Stage Road, and is more specifically described in Exhibit A. 1 5. The Director finds the request is consistent with the requirements of the Code. ' THE DIRECTOR DOES HEREBY AMEND Condition No. 2 of Board Resolution No. 98-2 as follows: The applicant shall obtain and the Housing Office shall record a caretaker dwelling unit deed restriction + 1 Qn days of this .,...,..rr va concurrent Stith recordation of the final eiat for the lot ■ proposed to be created to accommodate.a new single fainilk residence on a portion of the property ,Nhich abuts Lots 1 and 2 of the West hpen Subdivision. 11 1 1 All other conditions of Resolution NO 98-2 shall remain in full force and effect. APPROVED by the Director, this 5 day of A�f1998. Cindy Houben, Community Development Director [1111111111111111111111111111111111111111111111111111 EXHIBIT 3 1 1 71 L DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITIQN COUNTY, COLORADO, REGARDING THE HARVEY 1041 HAZARD REVIEW, CONCEPTUAL SUBNIISSION AND GMQS EXEMPTION 1. Connie Harvey (hereafter "Applicant") has applied to the Pitkin County Hearing Officer (hereafter ' "Hearing Officer") for 1041 Hazard Review and Conceptua-1 Submission approval to establish a building envelope to construct a new single family residence on a portion of the property which abuts Lots l and 2 of the West Aspen Subdivision within the City of Aspen. 2. The applicant proposes to convert an existing, legal dwelling unit to a deed restricted caretaker unit (approved by the Board of County Commissioners pursuant to Resolution No. 98-2) and to construct the new dwelling unit as a replacement unit, which would be exempt from GMQS pursuant to Section 3-150.40 of the Land Use Code (hereafter "Code"). 3. The property is located at 1100 Stage Road, and is more specifically described in Exhibit A. 4. The property is zoned AFR-10 and contains approximately 62 acres. 5. The Hearing Officer heard this application at a public hearing on April 23, 1998, at which time evidence and testimony were presented with respect to this application. 6. The Hearing Officer finds that the wildfire hazard is rated as medium, and can be mitigated. 7. The Hearing Officer further finds that replacement of the cabin with a new, and larger, dwelling unit is exempt from GMQS pursuant to Section 3-150.40(B)(2) of the Code, which allows "...the replacement of one single family dwelling unit on a legally created lot... even if the replacement dwelling �i unit results in an expansion of floor area.". However, since only one dwelling unit can be replaced, the existing single family residence and the cabin that is not deed -restricted cannot be replaced and can only be remodeled pursuant to Section 3-150.40(C) of the Code. Li a 111111111111111111111111111111111111111111111111111 IN 416244 04/29/1998 03:29P DETERNIN DAVIS SILVI 2 of S R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO INOW THEREFORE BE IT RESOLVED by the Pitkin County Hearing Officer that approval is hereby granted to the Harvey 1041 Hazard Review, Conceptual Submission and GMQS Exemption, subject to the following conditions: 1. The applicant shall submit a 1041 Site Plan to the Community Development Department for approval and recording, prior to submission of any building permit applications. The site plan shall comply with the requirements of Section 5-70.40 of the Land Use Code, and shall also be submitted in digital format for integration into the County's CIS system. ' 2. Prior to or concurrent with recordation of the 1041 Site Plan, the applicant shall record the deed restriction for the caretaker dwelling unit, as approved pursuant to Board of County Commissioners' Resolution No. 98-2. 3. Prior to submittal of any building permits, the applicant shall: A. Complete a Water Service Agreement with the City of Aspen. B. Acquire a Right -of -Way permit from the City of Aspen to extend Chatfield Road to the south edge of the new driveway, unless the applicant provides documentation to the ' Community Development Department that the City is obligated to extend the road. The road extension shall comply with the City's street standards and shall be coordinated with the Superintendent of the Streets Departments. 4. For any free market residential structure of 5,000 gross square feet or greater, the applicant shall comply with Section 4.01.01(B) of the Pitkin County Road Management and Maintenance Plan, which requires the applicant to provide construction trip and residential trip generation studies. The applicant shall comply with this provision as it is in effect at the time of building permit issuance to the satisfaction of the County Engineer. 5. Prior to issuance of any building permits, the applicant shall: A. Complete a tap permit with the Aspen Consolidated Sanitation District. B. File a fireplace/woodstove permit with the Environmental Health Department. C. Pay the applicable tap fees to the City of Aspen Water Department. 6. During construction the applicant shall maintain safe access to the Golf Course Trail or provide a detour. Any damage to the trail shall be repaired according to the City's standards, including possible asphalt overlay and backfilling the edges of the trail 7. All areas disturbed by construction shall be revegetated within one growing season of project completion. 8. No development activity, including grading and vegetation removal or disturbance, shall occur outside of the building envelope, except for utility and driveway extension and maintenance, and to comply with the wildfire mitigation required as part of this approval. Landscaping may be allowed outside of the building envelope, subject to approval of a landscape plan by the Community Development Department. 2 1 1 r_1 Lj 1 I 1 111111111111111111111111 IS 111111111111111111111111111 416244 04/29/1998 03:29P DETERMIN DAVIS SILVI 3 of S R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 9. The applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. Brush, debris, and non -ornamental vegetation shall be removed within a minimum 10 foot perimeter around the structure. B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around all structures. C. Spacing between clumps of brush and vegetation within the 30 foot perimeter shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall not exceed 10 feet. All measurements shall bk from the edges of the crowns of the fuel. D. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet above the ground and ladder fuels from around trees and brush shall be removed. E. Tree crown separation within the 30 foot perimeter shall have a minimum of 10 feet between the edges of the crowns. F. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. G. The density of fuels within a 100 foot perimeter of all structures shall be reduced. H. All deadfall within the 100 foot perimeter shall be removed. I. Low vegetation shall be maintained within a 10 foot perimeter around all structures. J. The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 10. The applicant shall comply with the following additional wildfire mitigation standards: A. Roof construction shall be Class A, non-combustible material with no flat roofs. B. Vents shall be screened with corrosive resistant wire mesh with mesh''/4 inch maximum. C. Roofs and gutters shall be kept clear of debris. D. Yards shall be kept clear of all litter, slash, and flammable debris. E. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. F. Weeds and grasses within the 10 foot perimeter shall be maintained to a height not more than 6 inches. G. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the structure. H. Swimming pools shall be accessible to Fire Department vehicles. I. Fences shall be kept clear of brush and debris. J. Wood fences shall not connect to the structure. K. Any outbuildings or additional structures shall adhere to the same standards as structures. L. Fuel tanks shall be installed underground with an approved container. M. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above- ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire -resistive construction on the exterior side of the walls. N. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. O. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on a non-combustible post. P. Utility lines shall be buried. a 1111111111111111111111111111111111111111111111111111111 416244 04/29/1998 03:29P DETERMIN DAVIS SILVI 4 of 3 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO ' 11. The applicant shall meet the codes and requirements of the Aspen Fire Protection District. 12. All material representations made by the applicants in the application or in public meetings shall be adhered to and considered conditions of approval, unless amended by other conditions. IAPPROVED ON THE 23RD DAY OF APRIL, 1998. ATTEST: G Sharon Human Administrative Assistant APPROVED AS TO FORM: John Ely, County Attorney-'"� P10-98 2731-024-02-007 \suz:bnew\pitkin\cases\ 1041\hearoff\harvey.doc 1 1 COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PITKIN COUNTY, COLORADO By A Lance Clarice, Hearing Officer Date APPROVED AS TO CONTENT: gg Cindy Houben, Community Development Director 1 111111111111 HIS 111111111111111111111111111111111 IN 416244 04/29/1998 03:29P DETERMIN DAVIS SILVI 5 of 3 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO EXHIBIT A PARCEL I:_ All situate in Section 2, Township 10 South, Range 85 West of the 6th P.M. and described as follows: Beginning at a point on the South line of Lot 23 which is also the North line of Lot 26 of said Section 2, said point being 450 feet East of the Northwest corner of said Lot 26 and 140 feet West of the West bank of Maroon Creek; thence North 140 East 195 feet; thence North 70 East 184 feet; thence North 80 West 194 feet; thence East 15 feet to a point of true beginning of a strip of ground 30 feet wide hereinafter more specifically described; thence East 195 feet to a point being 25 feet West of the West bank of Maroon Creek; thence Northwesterly along a line which is 25 feet West of the West bank of Maroon Creek to the intersection of said line with the South line of Lot 4 in said Section 2; thence East along the South line of Lots 4, 3 and 2 in said Section 2 to the Northwest corner of Lot 10 in said Section 2; thence South along the West line of Lots 10 and 13 in said Section 2 to the intersection of said West line with the North line of Lot 24 in said Section 2; thence West along the North line of said Lot 24 to the Northwest corner of said Lot 24; thence South'on the West line of said Lot 24 tothe Southeast corner of Lot 23 of said Section 2; thence West along the South line of Lot 23 to true point of beginning. PARCEL 2: ' The following described strip of ground being 30 feet wide and lying 15 feet on either side of a line described as follows: Beginning at said true point of beginning hereinabove mentioned above; thence North 15018' East 233.7 feet; thence North 6024' West 250.4 feet; thence North 7029' West 151.6 feet; thence North 1014' East 233.4 eet; thence North 79055' West 30.9 feet; thence South 29005' East 38 feet; thence South 79005' West 109.0 feet more or less to the existing County Road. EXCEPTING FROM THE ABOVE THE FOLLOWING PARCELS: 1. Right of ingress and egress reserved by Tony G. Skiff and Edith Arbaney Skiff in Document No. 94000, recorded in Book 166 at Page 431. 2. Parcel of land described in Document No. 101081 recorded in Book 172 at Page 320. 3. Parcel of land as described in Document No. 103700 recorded Book 165 at Page 595. SL'BJECT TO an easement for a right-of-way over Parcel 2 for ingress and egress from the County Road to the tracts of land described in Document No. 101081. �l 11 L, lJ 1 Fl 1 1 i� 1 APPENDIX D P (970) 925-6727 FAX (970) 925-4157 ENGINEERS SURVEYORS SGN1 SCHMUESER GORDON MEYER EXHIBIT 1 P.O. Box 2155 Aspen, CO 81612 ' August 15, 2000 Mr. Sunny Vann VANN ASSOCIATES LLC 230 East Hopkins Ave. Aspen, CO. 81611 RE: Harvey Property Subdivision and PUD Submission, Engineering Report Dear Sunny: ■ I have completed a utility and engineering analysis of the Connie Harvey property located ' northwest of the City of Aspen Golf Course and west of the West Aspen Subdivision in Pitkin County, Colorado. My comments are based on our discussions, discussions with representatives ' of the relevant utilities, review of available mapping and site visits to the property. I offer the following comments regarding the proposed subdivision and development of the ' Harvey parcel: LIntroduction The Harvey property is located north of Colorado State Highway 82 on Maroon Creek adjacent to the Aspen City limits and addressed as 1100 Stage Road. The property comprises two metes and bounds parcels totaling 57.565 acres as depicted on the Improvement Survey Plat prepared by Sopris Engineering LLC under Job Number 98110.01. The portion of the property that is the subject of this Subdivision / PUD application is referenced as Parcel 1 comprising 56.910 acres. Parcel 2 comprises 0.655 acres and provides access to Parcel 1 of the Harvey as well as the adjacent Caudill property. As you know, we assisted Connie with acquiring a 1041 approval for a building envelope in the southeast corner of the property near Lot 1 of the West Aspen Subdivision. The envelope created by the prior 1041 approval becomes Lot 1 of the new subdivision submission. I will be reiterating my prior comments regarding Lot 1 as part of this engineering report. The Lot 1 site is to be accessed via a driveway within a previously granted access and utility easement through Lot 1 of the West Aspen Subdivision Filing 3. The site proposed for construction of an additional residence pursuant to the current subdivision submission, to be known as Lot 2, is located to the south of the existing residences on the property and is currently undeveloped. The existing structures on the property are to be enclosed within a building envelope and, along with the remaining property to the north, will be designated as Lot 3. The proposed building site on Lot 2 is subject to a Subdivision and PUD 118 West 6th, Suite 200 • Glenwood Springs, Colorado • (970) 945-1004 1 u 1 August 15, 2000 Mr. Sunny Vann Page 2 review process through Pitkin County which is being submitted by Constance Harvey as the owner of the property. The development right for Lot 2 is being created with a Transferable Development Right (TDR). Water Supply Water supply to the new residence on Lot 1 will be provided via a service connection to the City of Aspen's 8 inch diameter cast iron water main in Chatfield Road. A service to the proposed residence would be placed in the access and utility easement within Lot 1 of the West Aspen Subdivision Filing 3. The water line in Chatfield Road represents part of a main loop through the City Golf Course property connecting the West Aspen Subdivision area and Cemetery Lane to the 10 inch and 16 inch diameter mains in the Highway 82 corridor. Based on a conversation with City of Aspen Water Department Director Phil Overeynder, capacity is available from the City water system to serve a residence on Lot 1 of the Harvey property without the need for additional main extensions or additional treatment capacity. Service to this portion of the Harvey property would require payment of normal tap fees and execution of a "Water Service Extension Agreement" to a site outside the Aspen City limits. Fire protection in the Chatfield Road area is provided by an existing fire hydrant near the intersection with Homestake Drive which is located approximately 260 feet from the entrance to the site. Water supply to a new residence on proposed Lot 2 is to be provided with a new well to be located within the lot. The Lot 2 site is located about 700 feet horizontally from the City of Aspen water main in Chatfield Drive and is also some 100 feet lower in elevation. The distance to the site and the difficulty of constructing a main extension on the heavily vegetated intervening slope of over 40% would preclude connection of Lot 2 to the City's water system. Based on the presence of existing wells in the Maroon Creek corridor, a well supply of sufficient quantity and quality should be feasible for proposed Lot 2 of the Harvey property. Withdrawals of the magnitude associated with a single additional residence will have no adverse impact on County groundwater resources in the vicinity of Maroon Creek or the Roaring Fork River nor will they cause undue interference with any critical recharge area or with any major groundwater aquifer. Wastewater disposal via an engineered ISDS will not cause any degradation of water quality under the Water Quality Management Plan for the Roaring Fork River Basin as prepared by Wright -McLaughlin Engineers in 1974 or the Section 208 Water Management Plan. Flows from the proposed well in the range of 15 to 20 gpm should be quite feasible and would be sufficient for domestic use, limited irrigation (if allowed by the well permit) and fire protection purposes (an on -site storage cistern may be needed for fire flow and high -flow use). Water quality meeting the requirements of the Colorado Primary Drinking Water Standards should be SCHMUESER GORDON MEYER. INC. t ' August 15, 2000 Mr. Sunny Vann ' Page 3 feasible without substantial treatment. Water of sufficient quantity and quality should be available at relatively shallow depths to serve the proposed residence pursuant to the requirements established by the Pitkin County Environmental Health Department. Use of a well for the proposed residence on Lot 2 will also avoid any need to upgrade existing public water mains. An on -site water system and storage cistern for Lot 2 would be constructed to meet the requirements and specifications of the Pitkin County Environmental Health Department and the Aspen Fire District. Use of a well for water supply on Lot 2 and the location of the site may require that any residence on Lot 2 be sprinklered for fire protection purposes under current Aspen Fire District regulations. Wastewater Disposal Wastewater disposal for Lot 1 of the Harvey property will be via a service connection to the Aspen Consolidated Sanitation District's (ACSD) 12 inch diameter trunk line in Chatfield Road. Service will probably require a pump system at the residence due to the approximately 10 foot grade drop from Chatfield to the building site. I spoke with ACSD Superintendent Tom Bracewell regarding connection of Lot 1 of the Harvey iproperty to their system. The 12 inch diameter line in Chatfield Road is part of an ACSD collection line known as the Aspen Highlands Trunk Sewer which conveys wastewater from the Aspen Highlands Water and Sanitation District and Maroon/Castle Creek neighborhoods to the District treatment plant below the Aspen Airport Business Center on the Roaring Fork River. The Highlands Trunk was the subject of negotiations between the ACSD and the developer of the 1 Highlands Base Village project and requires significant improvement and replacement to accommodate the additional flows associated with that project as well as currently proposed projects at the Truscott housing complex. Tom indicated that any new connection would be subject to a tap fee surcharge of $980.00 per EQR representing a proportionate share of the cost of the required improvements. The Harvey property is already within the Aspen Consolidated Sanitation District so there is no issue relative to out -of -district service for Lot 1 as there is with the City water system. Sewer service, therefore, would be available to the proposed building site on Lot 1 subject to the normal service agreement, tap fees and the tap fee surcharge toward downstream improvements. Wastewater disposal for Lot 2 will be via an on -site Individual Sewage Disposal System (ISDS). Lot 2, as noted with respect to water supply, is some 700 feet horizontally and 100 feet below the sewer collection main in Chatfield Road. Once again, due to the distance involved and the impact associated with construction of utility extensions on the intervening slope, connection of Lot 2 to the ACSD system would not appear to be appropriate. Based on my site inspection of the Lot 2 area, I would anticipate that shallow groundwater may be a constraint for ISDS design on this site. Site conditions may require a "mound" type sand filter system for wastewater SCHMUESER GORDON MEYER, INC. I 1 I 1 [I u August 15, 2000 Mr. Sunny Vann Page 4 disposal. Care should be taken to locate the water supply well and ISDS in a manner that avoids potential setback conflicts. Electric Service I have spoken with both Jeff Franke and Libby Cowling of Holy Cross Energy, the rural electric cooperative that serves the area in which the Harvey property is located. Jeff indicates that Holy Cross has underground primary available in the area of Lot 1 on Chatfield Road. Capacity is available on the primary line for extension of service to the Lot 1 homesite although the service extension would need to come from the existing transformer near the intersection of Chatfield with Homestake Drive. Once again, a secondary service extension from Chatfield Road through the access and utility easement previously granted on Lot 1 of Filing 3 of the West Aspen Subdivision would be required to provide electric service to the Lot 1 site. No other upgrades to the existing system would be required to serve the new home. With respect to proposed Lot 2, Libby Cowling indicates that service can be provided by upgrading a transformer located on an existing power pole near the existing workshop building. A new electric secondary service line would need to be installed to Lot 2 to provide service. Phone Service Phone service to the Lot 1 site is currently provided by an underground primary in Chatfield. Capacity is available from this line to serve a new home on Lot 1. Phone service is also in place to the existing buildings on the lower property along the entry drive from Stage Road. Capacity is available on this line to serve proposed Lot 2. Miscellaneous Utilities Gas and cable TV services are available to serve the proposed home on Lot 1. Both systems are buried in the Chatfield Road corridor and would need to be extended into the site along the previously granted access and utility easement in Lot 1 of the West Aspen Subdivision, Filing 3. Gas service is also in place into the existing building complex along the entry drive across Maroon Creek. Service could be extended from this line to serve Lot 2. Cable TV is also in place to the lower property and could be extended to Lot 2 if desired. Access Access to the homesite on Lot 1 will be on a new driveway constructed to Pitkin County SCHMUESER GORDON MEYER, INC 11 I I ''J August 15, 2000 Mr. Sunny Vann Page 5 standards in terms of grades, gravel, width and drainage. The driveway is proposed to enter the property from Chatfield Road via a previously granted access and utility easement along the north boundary of Lot 1 of Filing 3 of the West Aspen Subdivision. This entry location offers the opportunity of a perpendicular intersection angle with the existing public street and good sight distances in both directions. The access drive through the easement on Lot 1 of the West Aspen Subdivision would need to descend to the grade level of the envelope on Lot 1 of the Harvey property. Using the topographic base map of the property prepared by Aspen Survey Engineers and dated December 12, 1997, it would be feasible to construct an access drive from the east property line of Lot 1, West Aspen Filing 3 to the proposed building envelope at an average profile grade of 5%. There isn't any existing traffic count data for the Chatfield Road area and access into the site is from a dead-end public road accessing just three other properties. Traffic volumes on the adjacent streets are clearly low and well below the road's capacities. Pitkin County, in their Pitkin County Road Management and Maintenance Plan as adopted in 1997, recommends using the trip generation figures from the publication Trip Generation by the Institute of Traffic Engineers (ITE). The ITE publication, 5th Edition, Section 210 offers a trip generation figure for Single - Family Detached Housing at 9.55 trip ends per unit per day. Trip generation of this magnitude for a single dwelling would not represent a significant impact on existing neighborhood traffic. Access to proposed Lot 2 on the lower property would be via the existing single -lane access drive off the end of Stage Road in Pitkin County. The existing access is located on Parcel 2 of the Harvey Property for a distance of approximately 952 feet off the east end of the Stage Road. Maximum grade on this portion of the existing entry is in the range of 8%. The existing access then flattens out through the Caudill property where I understand it is on an easement for use by the Harvey property. The access crosses Maroon Creek on an existing concrete bridge structure with a span of about 40 feet. The bridge appears to be a reinforced "pan" style bridge with a 10 foot wide driving surface enclosed by 7 inch high curbs on either edge. The structure is in good condition with no evidence of cracking or other distress and should be adequate for construction traffic or emergency access. Lot 2 would also generate in the range of 9.55 trip ends per day impacting the existing access and Stage Road. Stage Road is a gravel road that currently serves relatively few existing residences and agricultural uses and, while traffic count data is also not available, appears to have minimal traffic at this time. Addition of one home on Lot 2 of the Harvey Property will have minimal impact on the current traffic volumes on Stage Road. II Drainage Given the low density of development in the area, drainage should not represent a significant SCHMUESER GORDON MEYER_ INC 1 August 15, 2000 Mr. Sunny Vann Page 6 design issue for either Lot 1 or Lot 2 of the Harvey property. The homes will require conventional design items such as positive grading away from the structures, diversion of any upslope drainage around the buildings and possible on -site detention of flows from roof or paved areas to prevent drainage and sediment from impacting the slope to the west of Lot 1 or Maroon Creek near Lot 2. On Lot 2, required detention may need to be in the form of shallow surface swales since groundwater may be too shallow to allow use of standard drywells. Drainage aspects of the Harvey parcel development are generally minimal and the design items noted above will prevent any introduction of sediment or pollutants to Maroon Creek or adjacent areas. I I Erosion Site soils are generally rocky alluvial materials with large rock and boulders and erosion potential is generally low. Given the location of the building envelope for Lot 1 near the top of the high embankment to the west and Lot 2's proximity to Maroon Creek, we would recommend that temporary erosion control measures be utilized for each site such as temporary sedimentation ponds, haybale dikes and diversion swales during construction to prevent soil and sediment from impacting the slope or Maroon Creek. We would also recommend that areas disturbed by construction be revegetated as soon as practicable to minimize erosion potential following construction. II Floodplain We had discussed the location of Lot 2 and the proposed building envelope for the existing structures on Lot 3 with regard to the mapped floodplain for Maroon Creek. I have acquired the FEMA flood insurance maps for the area and note that the flood potential on Maroon Creek is generally contained in the channel corridor through the site and does not impact the proposed building site for Lot 2 or the envelope on Lot 3. The proposed envelope for Lot 2 and the existing structures on Lot 3 do not appear to conflict with the mapped floodplain in the area. I hope these comments are helpful with regard to the Harvey Subdivision and PUD application to Pitkin County. Feel free to contact me if I can provide further information or detail regarding these comments. SCHMUESER GORDON MEYER. INC. August 15, 2000 Mr. Sunny Vann Page 7 Very Truly Yours, SCHMUESER GORDON MEYER, INC. 7JayW. Hammond, P.E. Principal -Aspen Office JH/Ih 97127ER2 1 1 1 1 1 1 1 SCHMUESER GORDON MEYER, INC. EXHIBIT 2 FJ Beach Environmental, LLC August 14, 2000 ' Sunny Vann, AICP Vann Associates, LLC 230 East Hopkins Street Aspen, Colorado 81611 I Dear Sunny: Re: Connie Harvey Property This letter is intended to address issues related to potable water supplies for ' the three lots proposed to be created on the Harvey Property. I will also address the location of the proposed building envelopes relative to the 100 year flood plain. ' There are three lots proposed for the Harvey parcel, and in reverse order, Lot 3 includes the existing residences and out -buildings which are served by two existing ' wells, one of which was permitted by the State under permit no. 20107 and has been adjudicated for 0.0396 cfs for domestic purposes. Lot 2 is the proposed site of the new Connie Harvey residence and presently has no potable water service. Lot 1 is the proposed site of an additional family residence and presently it has no potable water service. ' In order to continue water service to Lot 3 both wells will remain in use for all historic beneficial purposes. I will submit an application to the Division 5 Engineer's ' Office to late register the original unpermitted well for all historic uses and amounts. According to Ms. Harvey, the permitted well was drilled later than the unpermitted well and since the second well was drilled in May of 1964, the unpermitted well will qualify for late registration. I am also proposing that Lot 2 be served by a new well permitted pursuant to existing statute, C.R.S. § 37-92-602. Such permitting allows the new well to serve ' the proposed residences on Lot 2 and Lot 1 and up to one acre of lawn and gardens. However, I would suggest that due to the physical location of Lot 1, in close ' proximity to water mains owned by the City of Aspen, that you procure potable water service from the City for Lot 1. Although the City's Water Department has recently advised that no additional capacity in the system exists, it is my understanding that in - fill parcels have been included. I can pursue this for the project if you wish. 715 W. Main Suite 304 ' Aspen. CO 81611 Tel (970) 925-3475 Fax 925-4754 ' it BEACH ENVIRONMENTAL, LLC Page 2 August 14, 2000 The above described approach will provide the Harvey property with both a ' legal and physical water supply. Due to the exempt status of the new well, no augmentation of the new supply or depletions will be required. 1 n I 1 1 7 1 11 1 You have also requested that I provide you with an opinion regarding the 100 year floodplain limits of the property with regard to Lot 1 and 2 and 3. Since Lot 1 is on the ridge above the remainder of the property at an elevation of approximately 7,820 feet MSL and Maroon Creek crosses the property at elevations ranging between 7,688 and 7,750 feet MSL, Lot 1 is clearly not in the floodplain. Lot 2 lies between 7,736 feet and 7,752 feet MSL and the proposed building envelope is located between 7,745 feet and 7,748 feet. FEMA mapping' for this location indicates the 100 year floodplain limit extends to 7,741 feet MSL. Field elevation measurements were taken and confirm that the building envelope as sited and staked does not fall within the FEMA defined 100 year floodplain. Flood mapping for Lot 3, on which all existing structures are situated, indicates elevations prone to flooding during the 100 year event extend to 7,731 feet MSL. It is my understanding that no additional structures are proposed within the building envelope for Lot 3, consequently, all existing structures and the building envelope are located outside of the 100 year floodplain as defined by FEMA. Should you have any additional questions, please feel free to give me a call. Sincerely, By ch, CES, RWS Principal 02081.02 cc: C.Harvey Flood Insurance Rate Map, Pitkin County, panel 201, 08097C20IC, June 4, 1987, FEMA.