HomeMy WebLinkAboutLand Use Case.CR.421 Willoughby Way.A 069-03421 Willoughby Way Pitkin Cty Referral;
7735-121-04004 Case A069-03 �-
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CASE NUMBER
PARCEL ID #
CASE NAME
PRO.IECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
A069-03
2735-121-04004
Cheek Subd LLC Special Review/GMQS Exempt for TDR/
421 Willoughby Way
James Lindt
Pitkin County Referral
11 /20/03
COMMENTS RETURN
12/11 /03
D DRISCOLL
Aill
PARCEL ID: 2737-121-04004 DATE RCVD: 11/17/03 # COPIES. A06'
CASE NAME: Cheek Subd LLC Special Review/GMQS Exempt for TDR/Hazard Review James Lindt
PROJ ADDR: 421 Willoughby Way CASE TYP: Pitkin County Referral
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REFERRALS
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DATE OF FINAL ACTION:
REMARKS. CITY COUNCILT
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PARCEL ID: 2735-121-04004 DATE RCVD: 1777# COPIES: CASE NO 70 -03
CASE NAME: ICheek Subd LLC Special Review/GMQS Exempt for TDR/Hazard Review PLNR: j4—
PROJ Al 1421 Willoughby Way CASE TYP: I Pitkin County Referral STEPST—
OWN/APP:
REP:I
FEES DUE:
REFERRALS
ADR C/S/Z: PHN:
ADR: F C/S/Z: PHN:I
FEES RCVD:
STAT:
REF: BYF— DUE:F—
MTG DATE REV BODY PH NOTICED
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DATE OF FINAL ACTION:
REMARKS CITY COUNCIL:
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CLOSED: BY:
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PLAT SUBMITD: PLAT (BK,PG): ADMIN:I G��r'Lili�t'll/If S I��ij,1ViJ(!Q�
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MEMORANDUM
TO: Ezra Louthis, Pitkin County Planner
THRU: Joyce Allgaiier, City of Aspen Community Development Deputy Director
FROM: James Lindt, City of Aspen Planner
RE: Lot 4, Cheek Subdivision 1041 Hazard Review Application -City Planning
Referral Comments
DATE: November 20, 2003
The City Planning Staff reviewed the proposal to construct a single-family residence and
has the following concerns:
1. Staff recommends that the County require that all materials be non -
reflective and painted with dark earth -tone colors to minimize the
visibility of the structure.
2. Staff recommends that the County require the building envelope to be
fenced during construction to prevent any prohibited grading,
vegetation removal, and development that is not allowed outside the
approved building envelope.
3. Staff encourages the County to request that the Applicant provide
significant natural landscaping to the southwest of the proposed
residence to screen and minimize the visual impacts from within the
City.
4. Staff encourages the County to consider requiring elevation drawings,
floor plans, and a landscape plan to determine if the proposed
residence is consistent with the scale and character of the surrounding
neighborhood.
Thank you for the opportunity to provide comment on this County application.
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PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
MEMORANDUM
TO: CITY OF ASPEN
ASPEN SANITATION
FROM: Ezra Louthis, Community Development Department
RE: CHEEK SUBDIVISION LLC SPECIAL REVIEW & GMQS EXEMPTION
FOR A TDR RECIEVER SITE AND ADMINISTRATIVE 1041 HAZARD
REVIEW (PID#2735-121-04-004 CASE# P124-03)
DATE: November 17, 2003
Attached for your review and comments are materials for an application submitted by the
Cheek Subdivision, LLC. The Pitkin County Community Development Director will
review the application.
Please return your comments to me by December 12, 2003.
PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY
DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM.
Thank you.
ow
CHARLES CUNNIFFE ARCHITECTS
Au
ARCHITECTURE
PLANNING
INTERIORS
Charles L. CunniHe, AIA
Principal
Janver C. Derrington, AIA
Principal
November 10, 2003
Ezra Louthis, Planner
Pitkin County Planning & Zoning Office
130 S. Galena Street
Aspen, CO 81611
RE: Snadon Residence
0421 Willoughby Way
Lot 4, Cheek Subdivision
Parcel I.D.# 235-121-06-004
Application for Approved
Development Right
Dear Ezra:
Receiver Site Designation for a Transferable
We are submitting herewith an Application for Approval of two (2) Transferable
Development Rights (TDRs) to be utilized on the referenced property. This property is in
the R-30 zone and within the Aspen Urban Growth Boundary. We understand that each
TDR is good for up to 2,500 square feet of additional FAR above what is allowed by the
underlying zoning. For a lot area of 4.505 acres, less access easements, this property
should be allowed up to 24,294 square feet with 15,000 square feet by right. Two (2)
TDRs would allow up to 20,000 square feet of FAR, plus the 4,000 square foot
basement and 750 square foot garage exemptions.
In response to Section 3-200-090 of the Pitkin County Land Use Code, for residences
over 15,000 square feet, we have the following comments.
1. It is the Applicant's intention to acquire two (2) TDRs once this Approval is
granted.
2. Energy Consumption:
This project is in the Schematic Design Phase at present so we cannot be very
specific, except to say that it is our intent to comply with all of the Aspen/Pitkin
Energy Conservation Code requirements regarding high efficiency construction
materials, non-polluting energy sources, energy conserving heating and cooling
appliances with self -regulatory controls, etc. We will also be required to pass the
new Aspen/Pitkin Efficient Building Ordinance threshold requirements.
3. Visual Impacts
The proposed residence will be screened from view of neighbors and Willoughby
Way by extensive landscaping including berms, planting, ponds and other water
features, that will compliment and enhance the natural terrain of the area. This is
a five -lot subdivision and approval is expected to be a simple matter.
4. Environmental Concerns:
610 EAST HYMAN AVE ASPEN, CO 81611 970.925.5590 fax: 970.925.5076 info@cunniffe.com
ASPEN 0 STEAMBOAT TELLURIDE •
www,cunniffe.com
VAIL
Ezra Louthis !
November 10, 2003
Page 2
We have reviewed the subject property with the County Zoning Office and have
been informed that the only Natural Hazard that must be addressed will be
wildfire. The proposed Building Envelope is on slopes under 15% and stops at
the toe of slopes, which exceed 30% at the north portion. No other geologic
hazards are relevant. We have a letter, which is attached, that exempts this
property from the Public Hearing process and we have attached a 1041 Plat Map
that has been approved and recorded as directed.
5. Lighting:
It is our intent to comply with the County Lighting Ordinance.
6. Homeowner's Associations and Adjacent Property Owners:
As stated above, this is a five -lot subdivision and the other owners have been
contacted by the Applicant and have not indicated any opposition to the
proposed re -development.
7. Uses:
The intended development will include a single-family residence, a guest cottage,
tennis court, and swimming pool, plus terraces and the above mentioned
landscaping features. There will be no agricultural operations.
8. General:
This project will be compatible in scale and character with the neighborhood and
will comply with height and bulk requirements of the County Land Use Code as
well as the Subdivision Covenants. All slope cuts and disturbances to natural
terrain will be revegetated in the landscaping. There will be no deficiencies in
Building Code and any health, safety, and environmental concerns will be
adequately addressed. Natural vegetation will be protected/replaced/enhanced
to the maximum extent possible and open space will be preserved.
In response to appropriate segments of Section 3-210-010:
C. The Board of County Commissioners may permit the following special review
uses and any special review uses not listed above---, based on a funding of
compliance with the standards and criteria in subsection 3-210-020 following
review at a public hearing.
It is the Applicant's intent to demonstrate compliance with the above
referenced standards and compliance as set forth below:
In response to Section 3-210-020 General Standards and Criteria:
A. The special review use shall consider the applicable County Master Plan.
It is the Applicant's intent to demonstrate compliance with the applicable
County Master Plan, in the proposed development of this property.
B. The special review use shall not conflict with any applicable sections of the
Pitkin County Land Use Code, including the County Land Use policies in Article 2.
It is the Applicant's intent to demonstrate compliance with any and all
applicable Sections of the Pitkin County Land Use Code, including the
County Land Use Policies in Article 2, in the proposed development of this
property.
C. The special review use shall be consistent with the intent of the Zone District in
which it is proposed to be located.
It is the Applicant's intent to demonstrate that the proposed special review
use is consistent with the intent of the R-30 (Suburban Density Residential)
Zone District in which it is proposed to be located, including all permitted
Ezra Louthis •
November 10, 2003
Page 3
uses, area and bulk requirements, etc. The intended use is Single Family
Residential with a main residence, guest house, tennis court, and swimming
pool.
D. The special review use shall be compatible with the character of the immediate
vicinity of the parcel proposed for development and surrounding land uses, or shall
enhance the mixture of complimentary uses and activities in the immediate vicinity
of the parcel proposed for development.
The parcel proposed for development has an existing residence, guest house
and tennis court that were built in the mid-1960s. It is the intent of the
Applicant to demolish the existing structures and build a new residence and
guest house utilizing two (2) TDRs to augment the FAR allowed by right by
the underlying Zoning. All of the surrounding properties are currently
developed as Single Family Residential in the R-30 Zone District and are in
the range of 10,000 sq. ft. to 15,000 sq. ft., depending on the size of each
individual property.
E. 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 vehicular circulation,
traffic generation, parking, trash, service delivery, air/water pollution, or other
impacts on natural resources, noise, vibrations, or odor on surrounding properties.
As stated above, the proposed location, size, design, and operating
characteristics of the proposed special review use will be in harmony with
the surrounding area, since the use will remain the same as existing, (i.e.
single family use in a single family neighborhood of large custom
residences). It is the intent of the Applicant to utilize design character,
materials, scale, etc., that are compatible with the neighboring structures.
The proposed re -development will minimize adverse visual impacts, etc., as
mandated above. This parcel has two (2) existing driveway access points on
opposite ends of the property line that lies along Willoughby Way and shares
these access points with the two (2) contiguous properties in the Cheek
Subdivision. Thus, no additional impacts on pedestrian/vehicular
circulation, traffic generation, etc. will be generated. No additional impacts
on natural resources, noise, vibration or odor will be generated by this
proposed development.
F. 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, hospital and medical
services, drainage systems and schools.
The subject property is in the Aspen Urban Growth Boundary, just outside
the City Limits on Willoughby Way. It is served by the Aspen Water
Department and Aspen Consolidated Sewer District, is within 5 minutes
response time for the Aspen Volunteer Fire Department, Emergency Medical
Service, and Sheriff's Department. The road is maintained by the Pitkin
County Road and Bridge Department and solid waste/trash removal service
is readily available. Aspen Valley Hospital is within a 10 minute drive, as are
the public schools and Aspen's parks. The drainage system for this area is
to be contained within the property by means of detention ponds and/or dry
wells.
•
Ezra Louthis •
November 10, 2003
Page 4
G. An application for a special review must demonstrate to the Board of County
Commissioners that the proposed development will not:
1. Materially endanger the public health, safety or welfare;
The proposed development is within the Aspen Urban Growth Boundary
and will comply with all Pitkin County Land Use restrictions and the 1997
Uniform Building Code including all local amendments. Therefore, it will
not endanger the public health, safety or welfare.
2. Substantially injure the value of adjoining or abutting property;
The proposed development is within a Subdivision that was approved by
the Board of County Commissioners prior to 1978. It will comply with the
Protective Covenants of the Cheek Subdivision in addition to the
restrictions and contextual parameters set forth above. Therefore, it will
not substantially injure the value of adjoining or abutting property, and
will in actuality enhance the entire neighborhood.
In response to appropriate segments of Section 3-310-030:
C. Standards and Criteria for the use of TDRs for Additional Floor Area on
Receiver Sites Outside of the Rural/Remote Zone District:
2. TDRs may be used to obtain floor area in excess of fifteen thousand
(15,000) square feet in floor area as follows:
a. One TDR = 2,500 square feet of floor area. Subject to all necessary
procedures and approvals, one TDR shall be associated with a total of two
thousand five hundred (2,500) square feet of floor area for additional floor
area in excess of fifteen thousand (15,000) square feet of floor area.
The Applicant intends to utilize two (2) TDRs in the re -development of
the subject property, in compliance with all of the above stated codes,
covenants and related restrictions.
b. Total Floor Area Reserved. A portion of the two thousand five hundred
(2,500) square feet of floor area associated with one (1) TDR may be
preserved for future development on the same site exempt from growth
management.
The Applicant intends to reserve the right to preserve a portion of the
second TDR, if needed, to allow for future development of the subject
property.
c. Transferable development rights from any preservation site within the
Rural Area may be transferred to a receiver site located within Urban
Growth Boundary areas or within the same planning area where the
preservation site is located -----.
As stated above, the subject property is within the Aspen Urban
Growth Boundary and will utilize two (2) TDRs from the same planning
area where the preservation site is located.
3. Additional floor area shall not be available to any receiver site where:
a. The underlying zone district contains a floor area restriction that would
not permit the square footage of floor area sought;
As stated above, the subject property is in the R-30 Zone District of
Pitkin County and using the prescribed FAR formula, is allowed up to
24,294 square feet of floor area, with a cap of 15,000 square feet by
right within the Aspen Urban Growth Boundary. With Special Review
•
Ezra Louthis •
November 10, 2003
Page 5
approval for two (2) TDRs, the proposed development would be
allowed up to 20,000 square feet of FAR floor area.
b. A prior development approval limited the square footage allowed, and
there was no provision for the use of TDRs to exceed the allowed square
footage.
There are no restrictions of record on this property that would limit
the square footage allowed beyond those stated above and the use of
TDRs is specifically allowed in the R-30 Zone District of Pitkin County,
within the Aspen Urban Growth Boundary as set forth in Section 9-
110-042.D of the Pitkin County Land Use Code, subject to a one-step
special review process.
In conclusion, the County Zoning Office has informed us that this property is an
appropriate receiver site for TDRs and we respectfully request that this application be
placed on the earliest available hearing date with the County Hearing Officer. We have
attached all of the required documentation listed in the Pre -Application Conference
Summary.
Thank you in advance for your cooperation.
Sincerely,
if ver C. Derrington, AIA
incipal/General Manager
nclosures
Cc: Daryl Snadon
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April 23, 2003
Charles Cunniffe
610 E. Hyman
Aspen, CO 81611
RE: Cunniffe 1041 Hazard Review Exemption — 421 Willoughby Way, Lot 4, Cheek
Subdivision (Parcel ID: 273512106004)
Dear Mr. Cunniffe:
I have reviewed your request for an exemption from 1041 hazard review in order to replace the existing
house in a different location on the parcel. The requested location of the proposed house is not within any
mapped wildlife habitat areas or geologic hazard areas, and is within a mapped low wildfire hazard area.
While the footprint of the new residence is in a different location than that of the existing residence, it avoids
or will not create additional impacts on 1041 hazard areas, as long as the residence complies with the
Wildfire requirements of Section 3-80-070 of the Pitkin County Land Use Code.
Based on the location of the proposed residence, as confirmed by staff on a site visit, staff asserts that the
replacement residence will not create any additional 1041 hazard impacts, and is, therefore, exempt from
1041 review pursuant to Section 3-80-020(A) of the Land Use Code.
This document shall be submitted at building permit application.
Sincerely,
Ezra Louthis
Planning
_ PLAT _ES:
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LQCATION: ND DEVELOPMENT SMALL BE LOCATED IN DUBS,
CANYONS OR ON SLOE$ GREATER THAN THIRTY PERCENT -(30%1
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UNLESS THE COMMUNITY DEVELOPMENT DEPARTMENT OETERMIMES TOM
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NAIL DN TOP / / / I 1 1 .- ROGiLINE, S11C11 AE PMAPEF S, SHALL BE PROHIBITED.
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SANE STAND -SAS STRUCTURES.
11 FUEL TANKS SHALL BE IHSTIILED UNDERFRWND WITH AN APPROVED CONTAINER.
NCIA
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ELECTRIC EASE \
\ \\ \ \ \ \ EX CT PG LOCATION \ O1 PROPANE TANKS SHALL BE INSTALLED ACCORDING TO WPA 48 STANDARDS
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e LIKE ORRP- MAIL SURVEY CSNTROL \i 1 1 1 I \\ J // 1 - FIRE E%TINWISMA.
//-\\ \\ �\ I !f/ ✓ / \\\\ - \ \ II ADDRESSES SMALL BE CLEARLY WAKED WITH TWO-INCH 12.1 NON -
POSTED ADDRESS IS '0421' -- ,!- ,\ \ \•.`\ \ - J \\ \\ � \ \ \ / / III I / \\\ \ \ \ \ COMBUSTIBLE LETTERS AND SHALL BE VISIBLE AT T4E PRIMARY POINT OF ACCESS
BY AECEIT '��� \ \\ \ \ \ / / /J \\\\ \ - _ `\ \ FROM THE PUBLIC OR COMMON ACC[86 WOAD AND INSTALLED ON A NON-
$ WOOD FENCE 4 FIRE NYINANT \ I I ( COABUSTI BLE RObT.
❑ UTILITY Bdl M CUK"IE TRAWFORWR y�... � \ \� �_ \\\\\\'?®. \\ \ `� \�\\�\ - _ \ `\ •C Al �ACCES5 ROADS SHALL Of BUILT TO COUNTY STANDARDS HOWEVER, THESE
® I \\ \ \ \ \ V \ `�,� / / STANDARDS MAY BE INCREASED TL MITIGATE WILDFIRE HRiARDS BASED ON COYENTS
MANHOLE 0 UTILITY ROLE 7.50' I \\ \�\„ \ ` / -� I \
N 50'W /\ 1' 1 \ a� \\\\\ _ ' / / \\ PROVIDE BY 111E C0.0R1D0 STATE FOREST SERVICE THE SNEAIFF'3 DEPAR MT.
TITLE INFORMATION VAS FURNISHED BY: PI TK 1%C*IY7Y TITLE, INC. \ \ \ �+�\_ \\ \\� \� / j/ / I STORY \ \ \\ L04 OCAL,FIRE A PROTECTION DISTRICTS AIM OR A PERSLM APPROVED AS M E%PERT /tl
COIYIi1ENT N0. PCT Ii7 L3 - \ `� ^+.� \ C� \\ -\ _�•- /1 \ \ \\ 3 720 r fI To THE AREAS 4D MITI AV SM. WERE FEASIBLE LOOPED MODEMS IN ACCESS/EOSE55
TO THE MAIN 4RTERY/HIl{IrAY SHALL BE IMCORPOWA�FA IM TIME DESIGN OF A PROPOSED
DA TEO: GATED. 10, Y003 \ \ \ \ \ \ `� _ i / / GUEST ItlUSE \ \ /.A 9 OEYELOPYEN7 LOOPflI ROUTES OF ACCESS/EORES9 S DEFINED AS iN0 121 OR MORE
LANDSCAPE, UTILITY DEDICATED ACCESS ROADS TO TIME MAIN MTERY7N101NAY FOR WIDELY SEPARATED INGRESS
ELEVATION DATUM IS ARBITRARY, BASED ON SET T R.Y. A6 6111W - 3 \\\ \ \ \ �- \ \ \ \ `R �= 1 \ I ` \\ -- a ORIVEVAY EASE. /EGRESe: LOOPED DRIVES WITH ONE ENTMIIIE POINT ON DIVIDED SINGLE ENTRANCES 00
\l \ _ TO LOT 5 NOT SATISFY THIS CONDITION. WHERE THIS IS 40T TEAS IBIS THE COMMUNITY
CONTOUR INTERVAL IS I FOOT \\ w�• ` \ I - \ \ --_ SEVEN
DEFIFTY FEET
T 1 SO I APART
CULAR ED BETWEEN
AREAS A MAXIMUM OF
i- T WRE' FIFTYTURNAR END AR AS SH INSTALLED BETWEEN THE ROAD IMTEREECTION
_ TENNIS COURT ENVELOPE EXTENSION -\\\\ > \ \ \\ ` _ `-�' \ \' "- 1'. AMD�I T9 NTE,NU9. iVI1XAA0LYY) MfAS HALL BE THE sAIE sTYIDMD AS Q1L-DE-sAC
\\ \ \ \ -a• \ T M22552 \ TURMANWND PADS. THESE WAY BE INICORPOIATFD INTO THE PROPOSED DAIYEWAY EN RIES.
ANIo. �� .�MET rITIE;s
A: DEI-0-END STREETS (HOT INCLUDING CAL-OE-SACBI SHALL NOT a[ PERMITTED.
\\\\\ 'P \\\\ �\ \\ �L" .___`�\�* \ \ ��•.•----- .........L L- - P S HAVE A MINIMUM OF A THINTY-FOOT (SD'1
\ \ �-•` 04 CU -DE-SAC 101DEOWD AD SHALL
DRIVABLE SURFACE IRE IDS TURNI NO RADIUS.
COMMUNITY DEVELOPMENT DEPARTMENT APPROVAL C
\\\ \ .1 �`t \ O DI NES pRI VENOMS AND ACCESS ROADWAY SMALL SLATER THE ROADWAY AT A NINETY
7N15 CHEER $USES Y13IOM. LLC 104E NA2MH REVIEW E%EMIi10N SITE PLAN HAS BEEP_'•�+ / \ DEt9/EE 190.E AMOLE FO0. THE FIRST TMENTT-FIVE FP.ET INS') OF FNE DRIVEWAY.
NEWIE7ED MD NMDYED FOIL RECOROINi W GE COWYBIITY DEV&GPVJW OBPMTMWT OF \ \ \ \\ \ \ S�fx2 `�. �_` EWAt LOT S PITKIM COUNTY. COLORADO. \ \\\\ \ \ - \ �\ pRly EI FUEL BFEET SMALL BE INCORPORATED INTO ROADWAY.
OF THE SUBDIVISION FOR
\ \\\�\ \ \\\\ \ ��� �� •- CONCRETE ONE REFERENCE
FEET 110E 1 N EACH DEL SIDE OF THE FORESTED
3U fVIS GAIN. 1lDIE;,
REFE➢ENCE CSFS iUEL1REM GUIDELINES F011 FORESTED SUED IVISIOA.) SIGNED THIS �r OF 2003. \ ��\ \ 1.1 ,r.\o ` \Y / `� / 30' WIOF
C -` _ MIY/T[ NOTE ' ACTUAL VEGETATION MANIPULATION TO MEET 7NI9 CONDITION MAY NOT BE NECESSARY
,ESq��SESM RNEeE THE MA7OIAL VEGETATION PATTERN! NAVE ALREADY FULFILLED THESE CONDITIONS,
PER SHAD. PLAT r WATER SUPPLY
IOONNITH TV DEVELOPMENT 4ty \\ \ \ ` \` /j\ \ \ \ \ �IA1 DEtl ACCi65 TO A PUBLIC OR PRIVATE PRESSURIZED WATER SYSTEM IS NOT
\ \ \\ VAIMALE OR IF IT 13 NECESSARY TO AUGMENT FIRE PNOT CTION WATER SYSTEMS
1041 HAZARD REVIEW AND WARNING \ \ /--- \� EE
\ \ \ \ -\ ' _ ` \ / _ `= PRIVATE PONDS MAY RE USED IF APPROVED 6Y THE CONKWIfY DEVELOPMENT pElMtIENT.
APPLICANT Af2(NOWLED(ES THAT HE/SHE HAS BEEN INFORMED BY PI TKIN COUNTY OF \\\\` \ - - \ �i / ` \ �� •P( BI AN FIRE DEPARTMENT RECOMMENDATION FOR INDIVIDUAL STRUCTURE WATER SUPPLY
NE EXISTENCE OF ' 104E HAZARD AREAS' THAT WY EFFECT THE PROPERTY AND \ \ \ \ \ w' \ \ _ _ ~ \ \ v \ - - _ RAC + ` ` \ AID STORAGE SMALL BE ACCESSIBLE TO FIRE DEPARTMENT VEHICLES FROM THE EXTERIOR
1MPRGVF)EINTB. AND THE USE
AND OCCUPANCY TIERE9F. 1 \ \ \ �''D \ _ - \ \. F EyyL� i \ \ \ \ q�
THE PROVISIONS OF THESE REGL9.AND.AOCCUP NO MOT IN AWAY WAY IMLT THAT AREAS YYT..r,,,,,, OOc - - - +"S- Sr OF THE ). TNEURE TMOUON A FIRE DEPARTMENT APPROVED IECIAXI3Y ISUOI A; A FIRE
OUT;I OF DES IOFA 0 E EGUL WILL WE FREE FROM HAZARDS. OR TAT AREAS ROVED \�\\ \ \ \6O• '� \ cAt \ HYDRANT). TIE AMOUNT a STORAGE CAPACITY IWLLL SE DETERMINED LY THE FIRE
NIT/ TI NEA1V WS W11IlESAFETY QF 71E POPEATY. \\\ EL ya
IROTERION DISWITH AYINIYMM OI ONE T1gUD11D 11000E 0.LLLOY STOR,P�\`�CAPACITY PER STRUCTURE.
N A 48945fT _ \ \\ - ` 1• Cf REGUIDLESS OFSIZE ALL 9TRUCitINES l IMCLUOIM6 DETALl1ED CiAAA(ES AID NMSET CORNER BARN91 LOUTED WIIN AREAS IDENTIFIED A9 CONTAINING C-SEVERE HAZARD: TREE&' 1 101. Yl SPIV N IIIIAI I'IN NMII��II I��I IgI�I I� le/eT/M3 SS: H2P \ *�\ \- - - ��� \ _ _' _ _ _ _ _ `` _ �E OR K-REVERE HAZlU1D: {RUMEN- WILDFIRE HAZARD HALL BE THE
CAL TO PROTEB ALLCTION
IN-
WWW NNXiii 11 (L _ _ _ \ /\ _ _ \_ MOUSE SPI AND EN SYSTEMSS WNIa MEET THE STANDARDS OF T11[ LOCAL FIRE PROTECTION
ACCEPTANCE FOR RECORDING RIF ° t` m R I1.M D1.N---' - = DISTRICT AND TE AIIPoRY BUILD//D CODE.
PREPARED BY ` - - - -L; D1 ALL STRUCTURES GREATER TNAM 5,00E OUARE FEET IN SIZE SHALL BE REWIRED
CLERK AND RECORDERS CERTIFICATE `rJ= ASPEN SURVEY ENGINEERS. INC. "'" T % -- LOCAL
To INSTALL IN-HOUSE DIS RIRT AND SYSTEMS THAT MEET THE STADE. AT DI OF TE EMIT
PURE PULL
TIDY DISTRICT AND THE UMIFOIIY WILD INS CODE. AT BUILDING PERMIT
MIS SITE PLAN IS ACCEPTED FOR FILING IN - OFFICE CLEAR AMD `i s- ;�j, 21B $. OALF1A4 9TIEET 9UWIRAL THE LOCAL UE FIRE PROAM CONI ON DISTRICT MAY REQUIRE SMALLER STRUCTURES
NECORDER OF PITKIN Tr. TMI AY OF �J -� �A a TO BE SPR IMLED OE TO HAZARD PROTECTION ONS FfER�JRCY ACCESS DIFFICULTIES
20G IY. AT BOOR>,CAT PA NECE7 OM WRRE� N\ �.JO ASPEN, COLD. 5161E WAY
AMO LACK OF PROXIMITY i0 FIRE PROTECTION SEWS Ifs.
nn 1✓ f�Sc rttEa �— — — CLERK AND RECOMOER. 00EOR' PFIOYE/FM 1910E 925-3B I6 --_
PITKIN COUNTY, MIAM Mob •o. 33011C SEPT. 29, 2D03
r.
16
0
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: August 11, 2003 at 8:00 AM Case No. PCT17727L6
2. Policy or Policies to be issued:
(a) ALTA Owner's Policy -Form 1992 Amount
Premium$
Proposed Insured: Rate: Standard
CHEEK SUBDIVISION, LLC, A COLORADO LIMITED LIABILITY COMPANY
(b) ALTA Loan Policy -Form 1992 Amount$
Premium$
Proposed Insured: Rate: Companion
MESA NATIONAL BANK, ITS SUCCESSORS AND/OR ASSIGNS
Tax Certificate: $
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:
MELLON BANK N.A. KATHRYN B. CHEEK
4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is
described as follows:
LOT 4,
CHEEK SUBDIVISION, according to the Plat thereof recorded in Plat Book 14 at Page 8.
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS
ASPEN, CO. 81611
970-925-1766 Phone
970-925-6527 FAX
877-217-3158 Toll Free
AUTHORIZED AGENT
COUNTERSIGNED:
Schedule A -PGA
This Commitment is invalid
unless the Insuring
Provisions and Schedules
A and B are attached.
E
•
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:
The following documents should be obtained and recorded from the Estate of JOHN H. CHEEK, JR
deceased, Probate No. , in the Court, County of
A. Certified copy of the Letters of Appointment of the Personal Representative
B. Personal Representative's Deed describing the Will, time and place of probate and date of
appointment, and noting the State Documentary Fee, conveying the subject property to DARYL N.
SNADON.
2. Duly executed and acknowledged Deed,
From : KATHRYN B. CHEEK
To : CHEEK SUBDIVISION, LLC, A COLORADO LIMITED LIABILITY COMPANY
3. Deed of Trust from: CHEEK SUBDIVISION, LLC, A COLORADO LIMITED LIABILITY COMPANY
to the Public Trustee of the County of PITKIN
for the use of : THE LENDER TO BE INSURED HEREUNDER
to secure
4. Statement of Authority of CHEEK SUBDIVISION, LLC evidencing the names and addresses of the
Members and/or Managers authorized to act on behalf of said Limited Liability Company.
5. Executed copy of the Operating Agreement for CHEEK SUBDIVISION, LLC, disclosing the persons
authorized to act on behalf of said Limited Liability Company.
6. Duly acknowledged certificate of the authorized Managing Agent or Board of Directors of Cheek
Subdivison certifying that there are no assessments for common expenses which remain unpaid or
otherwise constitute a lien on the subject property.
7. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be
recorded)
8. Completion of Form DR 1079 regarding the withholding of Colorado Tax on the sale by certain persons,
corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to
be recorded)
(Continued)
•
SCHEDULE B - SECTION 1
REQUIREMENTS - Continued
9. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by
H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to
and retained by the Assessors Office in the County in which the property is situated)
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 inspection 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 and remove his ore therefrom, should the same be
found to penetrate or intersect the premises hereby granted and right of way for ditches or canals
constructed by the authority of the United States as reserved in United States Patents recorded April 27,
1923 in Book 136 at Page 409 and recorded May 3, 1892 in Book 55 at Page 24 and recorded March 28,
1890 in Book 80 at Page 45 and recorded May 23, 1960 in Book 190 at Page 189, and recorded
November 4, 1921 in Book 55 at Page 258 and recorded in Book 55 at Page 152.
8. Terms, conditions, provisions and obligations as set forth in Grant of Easement recorded March 19, 1970
in Book 247 at Page 467.
9. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of
County Commissioners, granting Final Plat-PUD and Special Review Approval to the Cheek Subdivision,
recorded July 21, 1982 in Book 429 at Page 600 as Resolution No. 82-72.
10. Terms, conditions, provisions and obligations of Subdivision Agreement recorded November 4, 1982 in
Book 435 at Page 172.
11. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as
set forth in Protective Covenants for Cheek Subdivision recorded December 20, 1982 in Book 437 at
Page 543, which does not include a reverter clause, deleting therefrom any restrictions indicating any
preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or
national origin.
12. Easements, rights of way and all matters as disclosed on Plat of subject property recorded November 4,
1982 in Plat Book 14 at Page 8.
13. Easements and rights of way for an electric transmission or distribution line or systems, as granted to
Holy Cross Electric Association, Inc., in instruments recorded October 26, 1983 in Book 454 at Page 130
and recorded May 2, 1991 in Book 645 at Page 426.
14. Terms, conditions, provisions and obligations as set forth in Permanent Easement recorded November 2,
1982 in Book 454 at Page 785.
(Continued)
•
•
SCHEDULE B SECTION 2
EXCEPTIONS - (Continued)
15. Terms, conditions, provisions and obligations as set forth in Grant of Easement recorded February 28, 1991
in Book 640 at Page 623.
16. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross
Electric Association, Inc., in instrument recorded May 2, 1991 in Book 645 at Page 426.
17. Terms, conditions, provisions and obligations as set forth in Permanent Easement Agreement recorded
January 31, 1997 as Reception No. 401371.
18. Terms, conditions, provisions and obligations as set forth in Grant of Easement and Agreement recorded
September 28, 1998 as Reception No. 422532.
PECK
41*
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•
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Filed for record 20 P.M. August 1, 1973 A
Reception No. 164 ttecorder Peggy E. Miklich ���'( PACE-5-04
AGREEMENT TO ASSIGN
This Assignment made this l h day of
1973, by John H. Cheek, Jr., (hereinafter referred o as the
"assignor") and the City of Aspen, Colorado, a municipal cor-
poration (hereinafter referred to as the City),
WITNESSETH:
THAT WHEREAS, in September, 1969, assignor and the Red
Mountain Development Corporation, a Colorado Corporation, by
Linden Blue, President, did enter into an agreement entitled
"Agreement to Convey an Easement," and
WHEREAS, said agreement provides that the assignor will
grant to Red Mountain Development Corporation an easement for
Red Mountain Development Corporation to connect its sewer line
with the trunk line of the Aspen Metropolitan Sanitation District,
one element of consideration therefore being that Red Mountain
Development Corporation would connect the assignor's dwelling
to the trunk line passing through said easement and pay the
assignor's sewer tap fee to the Aspen Metropolitan Sanitation
District, and
WHEREAS, said agreement further provides that on failure
to perform the provisions of the "Agreement to Convey an Easement,"
in addition to traditional remedies, either party may recover
(on commencement of court proceedings).his reasonable attorney',s
fees, and the agreement further provides that all provisions of
the agreement shall inure to the benefit of the assigns of the
party; and
WHEREAS, the City, in Paragraph 2B of a certain "Water
Main Easement Agreement" entered into with the assignor on July
12, 1971, which agreement is recorded at Book 257, Page 315 of
the Records of the Pitkin County Recorder, did agree, as part
consideration for a water main easement, to reimburse the
assignor if he is unable to obtain the cost of the above described
sewer connection and the sewer tap fee, and
0-
0_ boas,, 27 (9 Pn ,_ 05
WHEREAS, the assignor did convey a sewer easement to Red
Mountain Development Corporation which did not in return make the
required connection and pay the sewer tap fee and
WHEREAS, the City wishes to reimburse the assignor for the
costs of connection and tap on fee and assignor, in consideration
therefore, wishes to assign all his right and interest in the
"Agreement to Convey an Easement," including, but not limited
to the right, in the event of litigation, to recover a reasonable
attorney's fee.
NOW, THEREFORE, in consideration of the covenants contained
herein, the parties mutually agree as follows;
1. The City will reimburse the assignor for the cost of
connecting the assignor's residence to the sewer trunk line
passing through the easement granted to Red Mountain Development
Corporation and to further reimburse him for any sewer tap fee
required by the Aspen Metropolitan Sanitation District for the
connection.
2. The assignor, in consideration therefore, and on receipt
of the reimbursement provided for, does convey and assign to the
City any and all causes of action or claims it has by reason of
the "Agreement to Convey an Easement" against the Red Mountain
Development Corporation, its heirs, successors, grantees and
assigns, including, but not limited to, the recovery of the
costs of the sewer connection, tap fee, and reasonable attorney's
in the event of commencement of court proceedings.
3. If either party shall be required to commence court
proceedings to enforce performance of a covenant or a party
refusing to perform any covenant required of him by this agree-
ment, it is stipulated by all parties hereto that this paragraph
shall constitute a grant of authority to the..court having juris-
diction of such cause to include as part of its judgment an award
of a reasonable attorney's fee to the party in whose favor judg-
ment is entered.
0-
4. This agreement and all of the terms, conditions, rights,
and obligations herein contained shall enure to and be binding
upon the parties hereto, their successors, heirs, grantees and
assigns.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands and seals the day and year first above written.
THE CITY OF ASPEN, COLORADO
A Municipal Corporation
-11
1ty Clerc
Filed for record August 23, 1971 at 1:30 o'clock PM
Reception, 147061 Peggy E. 01-ch, Recorder A�{y
WATER MAIN EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT made and entered into this 12th day
of jelly , 1971, by and between JOHN CHEEK and KAY CHEEK,
(hereinafter referred to as "Cheeks"), and THE CITY OF ASPEN, a
Colorado Municipal Corporation, (hereinafter referred to as "City"),
WHEREAS, the Cheeks are owners in fee simple of the pro-
perty described in Book 191 at Page 43 of the records for Pitkin
County, Colorado.
AND WHEREAS, the City of Aspen is desirous of obtaining
an easement across said property for the purpose of constructing,
operating, maintaining and repairing a City water main transmission
line.
NOW, THEREFORE, for good and valuable mutual consideration,
the parties hereto agree as follows:
1. Grantees do hereby give and grant in perpetuity to said
City of Aspen the right, privilege and authority to construct, re-
construct, repair, maintain and operate a water main transmission
line, together with all necessary appurtenances thereto, in, under
and through the property of said Cheeks, which easement is des-
cribed on the attached Exhibit "A".
2. In consideration of granting of said easement, the
City hereby agrees to:
A. Upon execution of this agreement pay to
Cheeks the sum of $1,410.00 , representing the
cost of a water tap fee, which shall be repaid to
the City at the time of the water tap, and further
to construct and connect a water line from the City
water transmission main to the existing domestic
system, at the City's cost.
B. The City hereby agrees that in the event
the Cheeks are not successful in obtaining the cost
of sewer connection from the sewer line from the
Cheeks' main residence and the Aspen -Metro
Sanitation District sewer tap fee, the City shall
reimburse the Cheeks for such cost and expense.
C. The City shall restore the hillside area
damaged by the construction of the City water main
and the previously placed Aspen -Metro Sanitation
District sewer line to its original condition, as
nearly as possible, by planting shrubs, growth and
grass to prevent erosion. The plans for relandscap-
ing shall be subject to the approval of the Cheeks.
D. The City shall pay to Cheeks the sum of
$2,000.00 , representing the estimate for the grad-
ing cost and construction of retaining walls for the
proposed tennis court site.
E. The City shall pay to Cheeks the sum of
$ DSO !_0 , representing Cheeks attorney's fees in
the negotiations with the City for the Water Line
Easement.
F. The City hereby indemnifies and agrees to hold
the Cheeks harmless from any and all liability arising
from the use, maintenance and operation of the subject
water line.
G. The City agrees that any and all persons pur-
chasing property, or having purchased property, from
the Cheeks within the property described in that
document recorded in Book 191 at Page 43 of the
records for Pitkin County, Colorado, including that
tract of land known as the Smith Property lying east
of the aforementioned property, shall have the right
to connect to the City water line upon payment of the
requisite tap fee and subject to the ordinances of the
City of Aspen in effect at that time relating to water
tap connections.
3. If either party shall be required to commence court
proceedings to enforce performance of a covenant or a party
refusing to perform any covenant required of him by this agree-
ment, it is agreed between all parties hereto that this paragraph
shall constitute a grant of authority to the court having
-2-
.317
jurisdiction of such cause to include as part of its judgment
an awa."rd of a reasonable attorney's fee to the party in whose
favor judgment is entered.
4. This agreement and all of the terms, conditions, rights
and obligations herein contained shall enure to and be binding
upon the parties hereto, their successors, heirs, grantees and
assigns.
IN WITNESS WHEREOF, the parties hereto have hereunto
set their hands and seals the day and year first above written.
ATTEST:
41
City Cler(t
-3-
r
KAY C EK
THE CITY OF ASPEN, a Colorado
Municipal Co ration,
Byz;i
yor