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Home My WebLink AboutLand Use Case.1430 Red Butte.A082-00 CASE NUMBER A082 -00 PARCEL ID # 2735- 013 -02006 CASE NAME 1430 Red Butte Stream Margin Review PROJECT ADDRESS 1430 Red Butte PLANNER Nick Lelack CASE TYPE Stream Margin review OWNER/APPLICANT Annette Keller REPRESENTATIVE Same DATE OF FINAL ACTION 10/25/00 CITY COUNCIL ACTION PZ ACTION Reso. #51 -2000 ADMIN ACTION Approved . BOA ACTION DATE CLOSED 10/26/00 BY J. Lindt DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order ", is hereby issued pursuant to Section 26.304.070, "Development Orders ", and Section 26.308.010, "Vested Property Rights ", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three -year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a • revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Annette Keller, 1430 Red Butte Drive, Aspen, CO 81611 Property Owner's Name, Mailing Address and telephone number Lot 5, Block 1, Red Butte Subdivision Legal Description and Street Address of Subject Property Stream Margin Review Approval Written Description of the Site Specific Plan and /or Attachment Describing Plan Planning and Zoning Commission Resolution #51 -2000, 10/25/00 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) November 4, 2000 Effective Date of Development Order (Same as date of publication of notice of approval.) November 5, 2003 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 4 day of November, 2000, by the City of' Aspen Community De pment Director. c li ��— PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lot 5, Block 1, Red Butte Subdivision, by resolution of the Planning and Zoning Commission numbered 51, series of 2000. For further information contact Julie Ann Woods, at the Aspen/Pitkin Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920 -5090. s /City of Aspen Account Publish in The Aspen Times on November 4, 2000 MEMORANDUM TO: Aspen Planning and Zoning Commission . i': \)( THRU: Julie Ann Woods, Community Development Director r - Joyce Ohlson, Deputy Director \ FROM: Nick Lelack, Planner Or/ RE: 1430 Red Butte Drive - Stream Margin ESA Review - Public Meeting DATE: October 24, 2000 APPLICANT: , ...... Annette Keller � v ? ' , , " t '" '"S. # ,, 0 ... .. " " ' REPRESENTATIVE: Kim Raymond, Architect .. w, "� �P ,,, , e, , LOCATION: ` °" 1430 Red Butte Drive 0. ZONING: . . R -30 4 E"q 1 m _ CURRENT LAND USE: . '*» Single Family Residential PROPOSED LAND USE: This picture shows the river side of the house Single Family Residential where the 16 -foot addition is proposed. The arrow LOT SIZE: points to the edge of the proposed addition. 52,415 sq. ft. SUMMARY: FAR: The Applicant is proposing to add an addition to Existing: 3,529 sq. ft. the back of the house to include a kitchen and Proposed: 5,363 sq. ft. porch, a storage area, and a garage to the east Allowable: 7,082 sq. ft side of the house. All of the proposed development avoids the 100 year floodplain, and the 15 foot setback from the top of slope from the river. REVIEW PROCEDURE Development in Environmentally Sensitive Areas — Stream MarR Following the receipt of a recommendation from the Community Development Department, the Planning and Zoning Commission shall by resolution approve, approve with conditions, or deny a development application in an ESA. 1 STAFF COMMENTS: Annette Keller (Applicant), represented by Kim Raymond of Kim Raymond Architects, is requesting approval to build an addition to an existing house to include a kitchen and porch, a garage to the east of the house, and a storage area. The Land Use Code requires that all "Areas located within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its . tributary streams, or within 11 :. the one - hundred -year floodplain where it extends one hundred (100) feet from the high water line of the Roaring Fork River and its tributary streams, or within a 3 3 flood hazard area be subject to the Stream Margin Review. This is the front of the existing residence. The All of the proposed addition would be at the rear of this parcel. development is within 100 feet The arrow points to the area of the proposed of the highwater line of the garage. Roaring Fork River, and therefore is subject to the Stream Margin Review. The location of the proposed addition is mostly flat, avoids the 100 -year flood plain, the 15 -foot setback from the top -of- slope, and significant vegetation. The City Parks and Engineering Departments and the Aspen Fire Marshal recommended approval with conditions. Community Development Staff also recommends approval of the application finding that all of the stream margin review criteria have been met. Staff does not believe the proposed development will adversely impact the Roaring Fork River or its riparian area. RECOMMENDATION: Staff recommends the Planning and Zoning Commission approve this Stream Margin Review application. RECOMMENDED MOTION: "I move to approve Resolution No. _ , Series of 2000, a Stream Margin Review for the Keller residence, at 1430 Red Butte Drive, finding that all of the review criteria have been met, with conditions." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Referral Agency Comments Exhibit C -- Development Application 2 EXHIBIT A 1430 RED BUTTE DRIVE STREAM MARGIN REVIEW REVIEW CRITERIA & STAFF FINDINGS 26.435.040 Stream Margin Review. Applicability. The provisions of the Stream Margin Review shall apply to all development within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, and to all development within the Flood Hazard Area, also known as the 100 -year flood plain. Stream Margin Review Standards. No development shall be permitted within the Stream Margin unless the Planning and Zoning Commission makes a determination that the proposed development complies with all requirements set forth below: 1. It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the State of Colorado which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or off -site which compensate for any base flood elevation increase caused by the development; and Staff Finding The proposed development completely avoids the Special Flood Hazard Area. This criterion is met. 2. The recommendations of the Aspen Area Community Plan: Parks /Recreation/Open Space/Trails Plan and the Roaring Fork River Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. Areas of historic public use or access shall be dedicated via a recorded easement for public use. A fisherman's easement granting public fishing access within the high water boundaries of the river course shall be granted via a recorded "Fisherman's Easement;" and, Staff Finding No areas of historic public use o ;access have existed on the property. The Parks Department has imposed a condition of approval that the Applicant shall convey an underwater fisherman's easement under the existing river water as indicated on the site improvement survey across the property. This criterion will be met with the fisherman's easement. The easement shall be granted and recorded prior to the issuance of building permits. 3. There is no vegetation removed or damaged or slope grade changes (cut or fill) made outside of a specifically defined 3 building envelope. A building envelope shall be designated by this review and said envelope shall be barricaded prior to issuance of any demolition, excavation or building permits. The barricades shall remain in place until the issuance of Certificates of Occupancy; and Staff Finding The proposed development will not cause the removal of vegetation or damage to any slopes. Conditions of approval in the draft resolution describe construction techniques to protect existing vegetation on the site and near the river. This criterion is met. 4. The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. Increased on- site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained outside of the designated building envelope; and Staff Finding Staff does not believe the proposed development will pollute or interfere with the natural changes of the river or riparian area. Conditions of approval address site drainage to prevent entry into the river or onto its banks. This criterion has been met. 5. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course, and a copy of said notice is submitted to the Federal Emergency Management Agency; and Staff Finding The proposal does not include any alteration or relocation of the Roaring Fork River. 6. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished; and Staff Finding The proposal does not include any alteration or relocation of the Roaring Fork River. 7. Copies are provided of all necessary federal and state permits relating to work within the one - hundred -year floodplain; and Staff Finding The proposed development is not within the 100 year floodplain. 8. There is no development other than approved native vegetation planting taking place below the top of slope or within fifteen (15) feet of the top of slope or the high waterline, whichever is most restrictive. This is an effort to protect the existing riparian 4 vegetation and bank stability. (See Figure "A" below for illustrative purposes); and Staff Finding The proposed development is not within the 15 -foot setback from the top of slope or high waterline. 9. All development outside the fifteen (15) foot setback from the top of slope does not exceed a height delineated by a line drawn at a forty -five (45) degree angle from ground level at the top of slope. Height shall be measured and determined by the Community Development Director using the definition for height set forth at Section 26.04.100 and method of calculating height set forth at Section 26.575.020 (See Figure "A" below for illustrative purposes); and Staff Finding The proposed addition and garage do not exceed the height delineated by a line drawn at a 45 degree angle from ground level at the top of slope. This criterion is met. � tt L £� ° a t t t j Development v allowed within progressive i t t 9ia height limit * i r I' "sue E's 10. A landscape plan is submitted with all development applications. Such plan shall limit new plantings (including trees, shrubs, flowers, and grasses) outside of the designated building envelope on the river side to native riparian vegetation; and Staff Finding Staff does not believe a landscape plan is necessary because the only vegetation that will be disturbed is non - native grass surrounding the residence. The Applicant has represented that the existing landscaping will be replaced after the completion of construction. 11. All exterior lighting is low and downcast with no light(s) directed toward the river or located down the slope; and 5 Staff Finding The property must comply with the City's lighting code, which will be in full force and effect this November. According to the application, all exterior lighting will be low and downcast with no lights directed towards the river. 12. Site sections drawn by a registered architect, landscape architect, or engineer are submitted showing all existing and proposed site elements, the top of slope, and pertinent elevations above sea level; and Staff Finding This criterion has been met; the site sections are included in the application, and have been verified by the City Engineer's Office. 13. There has been accurate identification of wetlands and riparian zones. Staff Finding This criterion has been met; the riparian areas have been identified and verified by the City Engineer's Office. 6 RESOLUTION NO. _ (SERIES OF 2000) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING THE STREAM MARGIN REVIEW FOR ADDITIONS TO THE KELLER RESIDENCE AT 1430 RED BUTTE DRIVE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735- 013 -02 -006 WHEREAS, the Community Development Department received an application from Annette Keller ( "Applicant "), represented by Kim Raymond of Kim Raymond Architects, for a Stream Margin Environmentally Sensitive Area Review for an addition to an existing residence and a storage shed 1430 Red Butte Drive; and, WHEREAS, the subject property is approximately 52,415 square feet, and is located in the R -30, Low Density Zone District; and, WHEREAS, the Planning and Zoning Commission may approve development within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, and all development within the Flood Hazard Area, also known as the 100 -year flood plain if the Commission makes a determination that the proposed development complies with all review criteria set forth in Section 26.435.040(C) Stream Margin Review; and, WHEREAS, the subject property and proposed development are located at an within 100 feet of the Roaring Fork River's highwater line and floodplain; and, WHEREAS, the Community Development Department recommended approval of the Stream Margin Review with conditions; and, WHEREAS, the Planning and Zoning Commission approved, by a _ to _ L -J vote, the Stream Margin Review for additions to Keller Residence at 1430 Red Butte Drive, with conditions recommended by the Community Development Department; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 That the Stream Margin Review for 1430 Red Butte Drive is approved with the following conditions: 1. The building permit application shall include: a. A copy of the final recorded P &Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. The building plans shall demonstrate an adequate fire suppression system for fire protection approved by the Aspen Fire Marshal. The addition will require fire sprinklers as stated in the Fire Code because the total square footage of the house will be over 5,000 square feet. The existing house will be required to be sprinkled when the remodel is proposed. 2. Prior to issuance of a building permit: he Applicant shall grant to the City a fisherman's easement granting public fishing access within the high water boundaries of the Roaring Fork River course via a recorded "Fisherman's Easement," pursuant to the City of Aspen's Land Use Code Section 26.435.040 Stream Margin Review. b. Before issuance of a building permit, the applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. c. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. 6 All tap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. The Applicant shall connect to the City's Water System and pay tap fees to be in compliance with the Municipal Code. j F- rv(LN� f• e. The City Engineer shall approve the grading and drainage plan for the parcel, including the proposed addition and garage. f. The Applicant shall submit and the Environmental Health Department shall approve a fugitive dust control plan to ensure that dust does not blow onto neighboring properties or get tracked onto adjacent roads, if required. g. Run -off from the site during construction must be prevented by detention ponds, hay bales, or similar methods to be approved by the City Engineer, if required. h. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off -site replacement or mitigation of removed trees, if required. 3. No excavation or storage of dirt or material shall occur within tree driplines. 4. All construction vehicles, materials, and debris shall be maintained on -site and not within public rights -of -way unless specifically approved by the Director of the Streets Department. All vehicle parking, including contractors' and their employees', shall abide by the parking limitations of the area. The applicant shall inform the contractor of this condition. 5. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. 6. Before issuance of a building permit, the applicant shall record the Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 7. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 8. The Applicant or owner shall mitigate any public impacts that this project causes, including but not limited to utility expenses and sanitary sewer and water lines. 9. All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal code as they pertain to utilities. 10. For the purpose of maintaining the integrity of the Roaring Fork River's riparian area, the applicant shall erect silt fencing to protect the riparian area until the completion of all construction and sign -off by the Building Inspector. 11. Outdoor lighting shall meet the standards set forth in Section 26.575.150 of the Land Use Code. 12. Any changes to the design or representation made to staff or the Commission in this application for development within the ESA area must be formally accepted as an amendment to this ESA approval. 13. Historic drainage patterns and flow rates must be maintained. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on the 24 day of October, 2000. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Robert Blaich, Chair ATTEST: Jackie Lothian, Deputy City Clerk F: \1430 Red Butte reso.doc PH 6 Cr IS MEMORANDUM To: Nick Lelack, Planner From: Ben Ludlow, Project Engineer Date: July 19, 2000 Re: Keller Stream Margin Review The following comments are from the July 19, 2000 DRC meeting which involved the stream margin review for the property located at 1430 Red Butte Drive which involves a house remodel and addition. 1. Aspen Fire Protection District — Requirement — The following requirement was given by AFPD: a. The addition will require fire sprinklers as stated in the Fire Code because the total square footage of the house will be over 5,000 square feet. The existing house does not need to be sprinkled until a remodel is done within the existing section. 2. Parks — Requirement — The following requirements have been given by the Parks Department: a. The proposed expansion on the north and south side of the house comes close to significant existing trees. The contractor will be required to place construction fencing 5 -10 feet from the dripline of the trees for protection during construction. b. No excavation is permitted within the dripline of the existing trees. c. No storage of materials is permitted within the dripline of existing trees. d. Silt fencing must be placed at the top of slope and remain until construction is complete. e. No construction, landscaping, or alteration is permitted beyond the top of bank. Request — The following request has been submitted by the Parks Department: a. There needs to be an underwater fisherman's easement under the existing river water as indicated on the site improvement survey. 3. Engineering — Information — The following information has been provided by the Engineering Department: a. The submitted documents are incomplete and inefficient for the required review. The following items need to be clarified and reissued: 1. Flood Plain Delineation • a 2. Slope height — top of water elevation to the top of slope. This will determine the slope ratio that will therefore indicate what the minimum shear plane will be. A minimum ratio of 1:1 is required for stable soils. 3. A licensed surveyor must determine the property top of slope elevation using a 3 point cross section which will determine the average slope height. DRC Attendees Staff: Nick Adeh Applicant's Representative: Nick Lelack Ben Ludlow Ed Van Walraven Denis Murray Phil Overeynder, 04:24 PM 10/4/00 -0600, 1430 Red Butte Drive Page 1 of I Date: Wed, 4 Oct 2000 16:24:33 - 0600 (MDT) X- Sender: philo@water X- Mailer: Windows Eudora Pro Version 2.1.2 To: nickl @ci.aspen.co.us From: Phil Overeynder <philo@ci.aspen.co.us> Subject: 1430 Red Butte Drive Cc: ryanm @ci.aspen.co.us, benl @ci.aspen.co.us, AandCcfc@aol.com Nick, I checked our records on 1420 Red Butte. It is currently on a well. A number of properties in the Red Butte neighborhood are served by wells since it was annexed after the area was developed. The municipal code requires all uses within the City to be served by City water. Where there are water lines that serve a parcel, it would be necessary to connect to the City's water system and to pay tap fees to be in compliance with the municipal code. Phil Printed for Nick Lelack <nickl @ci.aspen.co.us> 10/13/00 Phil Overeynder, 10:56 AM 10/5/00 -0600, Re: 1430 Red Butte Drive Page 1 of 1 Date: Thu, 5 Oct 2000 10:56:36 -0600 (MDT) X- Sender: philo@water X- Mailer: Windows Eudora Pro Version 2.1.2 To: Nick Lelack <nickl @ci.aspen.co.us> From: Phil Overeynder <philo@ci.aspen.co.us> Subject: Re: 1430 Red Butte Drive Nick, Sorry I got the address wrong in the text but not on the heading of the e -mail. Both 1420 and 1430 Red Butte are on wells so the comments apply to the property in question. Thanks,. Phil At 10:47 AM 10/5/00 -0500, you wrote: >The property is actually 1430 Red Butte drive. Is this on a well or >connected to City Water? >At 04:24 PM 10/4/00 -0600, you wrote: »Nick, »I checked our records on 1420 Red Butte. It is currently on a well. A number »of properties in the Red Butte neighborhood are served by wells since it was »annexed after the area was developed. The municipal code requires all uses »within the City to be served by City water. Where there are water lines that »serve a parcel, it would be necessary to connect to the City's water system »and to pay tap fees to be in compliance with the municipal code. »Phil > >Nick Lelack >Planner, City of Aspen >(970) 920 -5095 >http://www.as engov co m/ Printed for Nick Lelack <nickl @ci.aspen.co.us> 10/13/00 f LAND USE APPLICATION /"'" EillItj,T PROJECT: � Name: 1-4 S ,YLa'K .i Re17 J]oirr Simi/ V /S/ DKJ Location: 1Y30 - Rai) &vim (Indicate street address, lot & block number, legal description where appropriate) APPUCANT: /�/� Name: At/..wc7L� // aC 61-7C ,�//))� Address: 7'/30 2 C/) thm- ac Phone #: c yO,/ REPRESENTATIVE: Name: /U /,¢ • Address: Phone #: TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA Cl Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition GMQS Exemption ❑ Subdivision ❑ Historic Designation ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane O Lot Split ❑ Temporary Use ❑ Other: O Lot Line Adjustment ❑ Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) MOO.5Er -R2/H/42`>' ,C c i rn?vc ca Stir° -.5779g/hp..)- PROPOSAL.: (description of proposed buildings, uses, modifications, etc.) 40D/7204) re » n - LIU,nJG SP4er Have you attached the following? FEES DUE: $ / //Q.oa iv Pre-Application Conference Summary i Attachment #1, Signed Fee Agreement J Response to Attachment #2, Dimensional Requirements Form IL Response to Attachment #3, Minimum Submission Contents -4 Response to Attachment #4, Specific Submission Contents - fp Response to Attachment #5, Review Standards for Your Application y ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Project: 41._ t 4m) t f r1,? Applicant: �-t,'> , , e t L C,C Location: / y /`e7) .6111177c 19 Zone District: R - 3� Lot Size: /, do 4Ci21'S Lot Area: 5;-1 y if Gi 1 (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: /I /4 Proposed: Number of residential units: Existing: I Proposed • l Number of bedrooms: Existing: % Proposed: j Proposed % of demolition (Historic properties only): /i,' //t DIMENSIONS: Floor Area: Existing: .7_629 Allowable: 7082 Proposed: C3/4;. S7 Principal bldg. height: Existing: ,;1.% Allowable: a "; Proposed: d / L/ Access. bldg. height: Existing: It Allowable: f te, � Proposed: /t On -Site parking: Existing: '1 Required: y Proposed `/ % Site coverage: Existing: 3,17c Required: Proposed: 8' �C 7 % Open Space: Existing: 7e, y r , Required: X Proposed: �a` c Front Setback: Existing: 7( / Required: 3 S' Proposed: Rear Setback: Existing: eG Required: X Proposed: y Combined FIR: Existing: )1C Required: / Proposed: / le) Side Setback: Existing: §' Required: /6 Proposed: St/ Side Setback: Existing: 6t Required: jt Proposed: 4 1S - Combined Sides: Existing: /.-ZG Required: ,2 Proposed: ?? 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H-4-4 hippy Stitt St ....... Shddy Ls P E - 2 Kai St . 114 Pymend Rd P. I Twit Ridge DT-1 1-7 Lem 0, La H-1.6-7 Omit St.... ..14-6 Stine Ring fit. UP Av. PL.. . .144 4.6 LW Mr F-04 Rat St 0 - 6 Skimming La. 11.7 Vote St_ H-4-5 o' larkspur la .41-2 Red Plistte Dr . O -E-2-.1 Smealer SL. ...P•0•34 Cir E-4 ' Lead Lc H-2 Red MIAMI= Rd_ D-G-3.6 Smuggler Gan Rd. .11-4.7 Wart Av ---- 14 La . .- -04/ Fore Pat Rd Rai E D-E4-6 Sdrusigke West. Rd R4144 West Cad St. - -1144 Idipios th 1.14 Regent 51 . 144.7 Sark & H4 Weavre Dt- -1-74 Madeitutt Rd. ..... ..E-4 Rtdde PI. Rd... Sankt La . P-G4 Willoweiby Wy - I-PIS Shin St Rs•Oreade Pt 0-H44 Spots Bony (7..,. 6.3 Wei& ltd.- 11-5 I it)45//0044 a a Ili a III 4 • 1 Response to Attachment 5 Project: 1430 Red Butte Dr. Applicant: Annette Keller Review Standards: ESA Exemptions by Planning Director Stream Margin Review Exemption 1) The proposed development is not in the Special Flood Hazard Area. 2) The boundaries of the proposed development never have included any public trail easements. The property also has never included a fishing easement. There is public access on the other side of the river. 3) There will be no vegetation removed or damaged or slope grade changes made outside of the specifically defined building envelope. A building envelope shall be designated by this review and it will be marked prior to any demolition, excavation, or building permits and shall remain marked until the issuance of Certificates of Occupancy. 4) The proposed development will not pollute of interfere with the natural changes of the river. The construction will not cause erosion or sedimentation. Increased on -site drainage will be accommodated such that it does not enter the river. No pools or hot tubs will drain outside of the designated building envelope. 5) No alteration or relocation of the course of the river will be necessary or tolerated. 6) No alteration or relocation of the course of the river will be necessary or tolerated. 7) The proposed development is not within the 100 year flood plain. 8) The development will not include changes to the natural vegetation on any part of the river bank. This area will not be touched by the construction. 9) Development outside the 15 foot setback from the top of the slope does not exceed a height delineated by a line drawn at a 45 degree angle from ground level at the top of slope. See site section drawing. 10) The development does not include any new plantings outside of the designated building envelope on the river side. The existing landscape will be repaired after construction. 11) All exterior lighting will be low and downcast with no lights directed towards the river. 12) Site sections drawn by a registered engineer are included and show existing and • proposed site elements, top of slope, and pertinent elevations. See profiles included with Attachment 3. 13) There has been accurate identification of the riparian zone and there are no wetlands. R • v .p %ed .. 1� t e. . A � e xo h M 1 4 7. .1 p6tiFn.abb s 7 i y II ■ F -, ♦1^ e .V.; . y �r.� I i _,''i� p ' ... 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I I 1 I . 5' I i 4 1 5 1 11 ! i i I I ! i 'o I I I i 11 i i i II 5 1 @ 4 1 i 1 A u � 4 _, _ {5;) i III 1 0 f i a ' a - i y i 6 1 i Ta i . . ;i i i' � " -' = - i - ) L --- -'-'-- --- ----- -- -- - - - - - 1 1 1 I 1 i b b b b b SCALE. t/16• - 1' ImJ.� RESIDENCE III CATNIP MI ITECTS PROPOSED �p MAN FLOOR PUN /� l�/0ase MINI CAMS DATE: �/�� PlItlegAl MUSS= 5.17.00 (T) (";) . , (y) r I I 1 1 I I I t .... tr.. r r s • QV 11 s P 1 I1 F ICI pl I i ,III�iRI - - -P.i E _ — - - - {"'.) I ==I j I 1 ■ i i I 1 i p i i 1 ] i I i 1 ■ i I I I I 5 LIIIIIIII ! i 1 I I I I I 1 R i 1 j 1 r I 1 1 f 1 I If i I 1 I I I (N) -1----� ems'" I I' I - == q _ i __ <'1) I Il I r.= I I 1 I i • I I I I 1 1 1 ' I 1 1 1 i i 1 c-� b b t> SGIE 1/16' - 1' KE RESIDENCE CM WARM ARCHITECTS 411 I PROPOSED / l'A/ ©de(X WU MUM LOWER LEVEL r FLOOR RAN DALE: MPS oau= . 5.17.00 --"--- -'—' — , 4 El _ . 4 a 9 FL II g as Mg um sun 0 . €) ima 1 I- ,. , 1 ... ..... z -----c ; MEC Ma .• 13 I -1.4-7 d =III i Z NNE i-m Eli J _./ 1 = ,,...... 1 i . i . D 1 I s _____„_, , . SCALE. 1 /1 V.1 • KELLER RESDENCE EDI KAMM ACCIDIECTS PROPOSED ELEVATWEST a NORTH PRO PB a 0 411 I NM UIII COWS IONS DATE ww4 ammo MialleMMeStaila set ...■r...r..... S.17.00 . , + eu 5 i 5 I ; .?c 2 I E I la , ii (') i 51i =I it i 1 i gi .,, E3 r— —(;) — — — — --(---) ow nu 1 il _ \ G emu al _ - - -(-) ¶ I P .1 1 0 0 ED Z Z Illill IMO Illa MD OM Zit l a t ti l MI i _____„, ... . _ c . _ . 9 u gm" El eass 1 4g g 4 C IN RAYNOR MN, TECO SCALE. 1/16'0 ' KELLER RESIDENCE PROPOSED EAS P 0 P6 s 07: d Of I mu T lk JTH SO am CRAM B.EVATIONS DATE la COJNIAD3 PlIONAVVIO=12 eralkInummlilmmlaula 5.17.00 sTALL 11101 • 10 FEET KY „„/ 0 10 I'. 20 /14/2//,/ ,'1 • 7730 22.6 FLOOR / 26RADE-AT HOUSE ,- TOP OF SLOPE 7720 MID-POINT RANK /11 WATER LEN[ 771 S ev _ WA11 7710 CROSS SECTION 6 1) STA 7t65 LOOKING DOWNSTREAM SCAL 1 - 110 FEET HOR 1 ZONTA1 A VERT ICAL SCALE IN( II • I1) FEET 11 5 10 15 20 7730 7725 O _ GRAPE Al LEVEL P010 100 OF L 01 rr 7720 FMID-POINT HIGH WATER LINE 7715 7710 CROS5 SECTION ■ii) 'TN\ 6 LOOKING DOWNSTREAM SCALE 1 INCH - 10 FEET HOR I ZONTAL 5 VERT ILAL • *kw. t ;)( ALE 1 INCH • 10 FEET o 10 I S 20 7770 • 7725 ----- GRAIL Al I EVEL POk 1 1014 OF 1 OT _ T 01 011 lok i .M111.1'0INT „21111 WATER L INF WA 1111 7710 (IROSS SECTION 4 STA 8.00 LOOKING DOWNSTREAM SCALE 1 INCH 10 FEET HORIZONTAL A VERTICAL U S le jy CC V w VI CC >IJ W ! W W . --4 - -8 2G :ti N C V> °:=1,- W s s u _0 c -� ti e a c s a w' - - -- 'Y y _ -I W - W . W _ Y. o W i " � el n !. W Y k q° d w __ 4 y'a., v. L u p .... A ,.. 8 Y1 .1 t 5 2 . ,,;Yr , V. 25"a w 3;. VI d n a yy n f T + yi: v so, ti k nAB .IN c It . 11 e • ••51. n.— • ° 7715 772 ' � .. ' 41-- r�1 / rya; 4 I t �, --. r \ S i 1 i \ \ 11 .E � -IL V '1 , ICti l• YEN .�`:! ‘ ^Clq .1 I‘. 1 \1 it e \ �' \ - o • Aar. tip? 7, \ • 1 a f\ - ,W . 0 ow __—,- 1 P `: 1)..) •-V gr. a eee _ ! !") gi Irni 1 LL ` yiu __ 1 •S tiSf W �I 1,1- 5 ly.b 4 ? ;0 3 ^i! .,, a a lift= 4 - May 12, 2000 Attn: Aspen City Planning and Zoning Please accept this Stream Margin Review application. The property is located at 1430 Red Butte Drive in Aspen (Btodc 1, Lot 5 Red Butte Subdivision). The proposed project is a home remodel and addition. Kim Raymond of Kim Raymond Architects will be acting as my representative during this process. She can be reached at 925 -2252. Her mailing address is 412 N. Mill St in Aspen. Thank you. ,, Annette Keller 1430 Red Butte Dr. Aspen, CO 81611 925-4039 I 2 C , CITY OF ASPEN PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Chris Bendon, 920.5072 DATE: 12.13.99 PROJECT: Keller Stream Margin Review REPRESENTATIVE: Kim Raymond. 925.2252 OWNER: Annette Keller, 1430 Red Butte Drive TYPE OF APPLICATION: 1 step - ESA approval by P &Z DESCRIPTION: The applicant wishes to build an addition to an existing house along the Roaring Fork River in excess of the amount allowed under the exemption provision. A phased development should describe all possible phases to be included in the review. Land Use Code Section(s) 26.435.40 Stream Margin Review 26.304 Common Development Review Procedures Review by: Staff for completeness, Referral agencies for recommendations, Planning Director for a recommendation to P &Z, Planning and Zoning Commission for final review. Public Hearing: NO. Referral Agencies: Engineering, Parks, Building, Fire Department Planning Fees: Planning Deposit ($1,110) Referral Agency Fees: Engineering, Minor ($160) Total Deposit: $1,270 (additional hours are billed at a rate of $185 /hour) To apply, submit the following information: 1. Proof of ownership. 2. Signed fee agreement. 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 1 5. Total deposit for review of the application 6. 15 Copies of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ +5; CC = 7; Referral Agencies = 1 /ea.; Planning Staff = 1 7. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 8. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. . Survey must be current (within one year) and must show extent of 100 -year flood plain. 9. Additional materials as required by the specific review. Please refer to the application packet for specific submittal requirements or to the code sections noted above. 10. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. l Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is `,, y- subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a ''s legal or vested right. s c' ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aw en Ikvelooment Application Flt CITY OF ASPEN (hereinafter CITY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted :o CITY an application for (hereinafter. THE PROJECT). APPLICANT understands and agrees that City of Aspen Ordinance No. 49 (Series of 1998) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of appiication completeness. 3. APPLICANT and CITY 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 CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration. unless current billings are paid in full prior to decision. 5. Therefore. APPLICANT agrees that in consideration of the CITY'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 5 which is for _ hours of Community Development staff time. and if actual recorded costs exceed the initial deposit. APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY 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, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: ! By: ie Ann Woods ommunity Development Director Date: SJ/t Mailing Address: 193C gd ator LAND USE APPUCATION PROJECT: - Name: / DT S ti—t/? .i Rep l]r177r S>13 tit V / SI Oro . Location: /73o - Rai) Bo71 ®�C (Indicate street address, lot & block number, legal description where appropriate) APPLICANT: Name: SA Address: 7 V30 ?CD Harr bliC Phone #: r_ VQ,3 9 REPRESENTATIVE: Name: /VA • Address: Phone #: TYPE OF APPUCATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. O Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development O Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devi. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ❑ Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment EXISTING CONDmONS: (description of existing buildings, uses, previous approvals, etc.) ijoUSE - ?AinA25 MS DOVc [— Sao - g7tW 4 ecr PROPOSAL: (description of proposed buildings, uses, modifications, etc.) .41M TD A1-1;6" - ad/ 0)6 SP 'C Have you attached the following? FEES DUE: S / / /O,oa VI Pre-Application Conference Summary Attachment #1, Signed Fee Agreement Es Response to Attachment #2, Dimensional Requirements Form Response to Attachment #3, Minimum Submission Contents .'•; Response to Attachment #4, Specific Submission Contents Response to Attachment #5, Review Standards for Your Application ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Project: criZ 4n l� l rt r A Applicant: ,4-ire" E X Et Lc Location: /x-36 LO & j O/C Zone District: R - 30 Lot Size: /, 0103 ,4c2ES Lot Area: F7 z (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: 4//4 Proposed: Number of residential units: Existing: / Proposed: Number of bedrooms: Existing: y Proposed: y Proposed % of demolition (Historic properties only): /t / /IF DIMENSIONS: Floor Area: Existing. 2'j Allowable: 7082 Proposed: S, 3Co3 S 7 Principal bldg. height: Existing 011 /. `/ Allowable: a 5 Proposed: .21. L( Access. bldg. height: Existing: /0 Allowable: l Proposed: /17 On -Site parking: Existing: y Required: y Proposed: y % Site coverage: Existing: 3,6 Required: Proposed: 7 0 % Open Space: Existing: f4. y 7 Required: X Proposed: f2 `7c Front Setback: Existing: (0 Required: Or Proposed: G r Rear Setback: Existing: 60 Required: 7 Proposed: y S Combined F/R: Existing: / yO Required: / Proposed: lie Side Setback: Existing: 5 Required: /0 Proposed: Cy Side Setback: Existing: f, 6 Required: /0 Proposed: IS Combined Sides: Existing: 120 Required: 26 Proposed: 1t Q Existing non - conformities or encroachments: AtjjrJ Variations requested: ACK/ a . V‘—' &� FWD+ kt& y e p"t Response to Attachment 3 Project: 1430 Red Butte Dr. Applicant Annette Keller Minimum Submission Contents 1) See cover letter containing name, address and phone number of representative. 2) Street address and legal description of parcel on which the proposed development will occur: 1430 Red Butte Dr. Lot 5, Block 1 Red Butte Subdivision 3) The following legal agreements showing ownership and affecting property are attached: - Original Deed of ownership by Martin and Florence Keller - Original Title Insurance issued to Martin and Florence Keller - Letter from attorney handling estate settlement for Martin and Florence Keller stating that the title of the property will be conveyed to Annette Keller and Janyce Austin (sister) as co- owners. A copy of the title insurance as conveyed to Annette Keller and Janyce Austin will be forwarded as soon as it is completed. - Commitment for title insurance conveyed to Annette Keller and Janyce Austin - Lot Line Adjustment Plat for Quit Claim Deed Registered 12/11/87 - Title Insurance for above Lot Line Adjustment Note: existing utility easements are shown on the site improvement survey in part 5 below. 4) Two vicinity maps of lot are attached. 5) A site improvement survey showing buildings, easements, trees, river bank, high water line, 100 year flood plain. -. 4 • Millard & Hunter, P.C. Attorneys at Law 6025 S. Quebec Street, Suite 330 Englewood, Colorado 80111 -4596 Kevin D. Millard Telephone 303/843-9670 ldmi/Lr itimil bwntrom Faaimile: 303/773 - 0914 Laurie A. Hunter wroursillbuntann L6rnnrlbwntcm Patrick M. Plank pwpienkemillbwn[cmn November 22, 1999 VI4FArSIMILF -970-925-6929 AND FIST Cr.4S Mon. Ms. Annette S. Keller 1430 Red Butte Drive Aspen, CO 81612 Re: Title to Real Property Located at 1430 Red Butte Drive, Aspen, Colorado Dear Annette: Pursuant to our telephone conversation, I am writing to confirm that, as we discussed, the property located at: 1430 Red Butte Drive, Aspen, Colorado, belongs to you and your sister, Janyce Austin. That property was previously titled in the names of your parents, as joint tenants. Both of them are now deceased. Under the Colorado Probate Code, title to property theoretically passes at the time of death to the persons entitled to receive it, but subject to the process of estate administration. As you know, your parents' estates are currently being administered, and record title has not yet been changed to the names of you and your sister. However, as part of the process of administering the estates, record tide will be conveyed into the names of you and your sister. If you need any further information, please give me a call. Sincerely, Kevin D. Millard KDM:sl atWPmCC teuUIIIenim APR. 5.2000 12:03PM PITKIN COUNTY TITLE NO. 8565 P. 1 , M. COMMITMENT FOR TITLE INSURAN SOIEDULE A 1. Effective Date: March 10, 2000 at 8:30 AM Case No. PCT3074PR 2. Policy or Policies to be issued: (a) ALTA Owners Policy -Form 1992 Amounts 0. Premiums 0.00 Proposed Insured: Rate: (b) ALTA Loan Policy-Form 1992 Amount! 0.00 Premium$ 0. Proposed Insured: Rate: • Tax Certificatk: $10.00 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: ANNETTE S. KELLER and JANYCE ELAINE AUSTIN 4. The land referred to in this Commitment is situated in the County of PITKIN of COLORADO and is described as follows: LOT 5, BLOCK 1, RED BUTTE SUBDIVISION, according to the Amended Plat recorded in Plat 13 23 at Page 74. Prr>uNCOUNTY TITLE, INC eduleA - PG.1 601 E. HOPKINS is Commitment is invalid ASPEN, CO. 81611 u less the Insuring 970 - 725.1766 • P isions and Schedules 970925.6627 PAX A nd B are attached. AUTHORIZED AGENT • • IP APR. 5, 2000 I.1:08AM PITKIN COUNTY TITLE N0. 8562 P. 2 • 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 nsideration for the estate or Interest to be insured. ITEM (b) Proper instrument(s) Greeting the estate or interest to be insured be executed and duly fled for record to -wit I THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES O Y, IT IS NOT A - CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRU AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESEVES 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 BEUEVCALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHA4'L NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORREC[f AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. APR. 5. 2000 11:08AM PJTKIN COUNTY TITLE NO.8562 P. 3 SCHEDULE B SECTION 2 EXCEPTIONS The policy or polities to be issued wilt contain exceptions to the following unless thelsame are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the pubic records. ' - 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any fads 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 hen 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 grented as reserved in United States) Patent recorded August 17, 1989 in Book 55 at Page 5. • 8. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Protective Covenants for RED BUTTE SUBDIVISION recorded September 23, 1960 in Book 191 at Page 598 and Amendments thereto recorded in Book 371 at Page 116 aid Book 393 at Page 200 & 202 and Book 412 at Page 638 Book 416 at Page 695, Book 505 at Page 360, Book 505 at Page 967, Book 507 at Page 594 and Reception No. 390385, deleting therefrom any restris indicating any preference, limitation or discrimination based on race, color, religion, sex, Nandi ap, familial status, or national origin. 9. Easements, rights of way and all matters as disclosed on Plats of subject propewty recorded in Ditch Book 2A at Page 259 and Plat Book 23 at Page 74. 10. Easement and right of way for an electric transmission or distribution line or systiem, as granted to Holy Cross Electric Association, Inc., in instrument recorded in Book 606 at Page 798 and Book 727 at Page 888. • • • 3 A=R. 6.2000 11:09AM PITKIN COUNTY TITLE 1 NO, 8562 P. 4 ADDITIONAL INFORMATION AND DISCLOSURES The Owners 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 BSection 1. . (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR N 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 title insurance policy for a single family residence (including a condominim or townhouse unit) (1) of that tetlO entity's general requirements for the deletion of an exception or exclusion to coverage relating unfded mechanics or . materialmens liens, except when said coverage or insurance is extended to the nsured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company • t untied mechanics' andlor Materialmen's Liens executed by the persons indicated in the attached of said affidavit must be furnished to the Company. Upon receipt of these items and any others requ to be specified by the Company upon request Pro - printed Item Number 4 may be deleted from T ents pokey when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon 4y title insurer to provide mechanics or materialmens lien coverage. I 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 wit be deemed to have provided 'Gap Coverage ". Pursuant to Senate Bill 91 -14 (CRS 10 -11 -122); I (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 t he County treasurer of the County Treasurer's Authorized Agent (c) Information regarding Special Districts and the boundaries of such districts may obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Asses or. 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 rebeived by the company prior to the issuance of the Title Policy anticipated by this Commitment This commitment is invalid unless Schedule BS €ction 2 the Insuring Provisions and Schedules Commitment Lilo. PCT- 3074PR A and B are attached. i _ 4 a 4 ** 000'391:1d 111101 ** 4 �••1 RW ew.d .. NS11 A. a 160._, . 1132.'. wPrl..__..._. RAL [L.4..._9Vb1,e-- .__...nRa1PPRrt P • te— 100 tar --- r . • ' : 011yIS Etta, Nark n.1 y�, er ay of JUNE in the parr our lard w tho.m ur nd o ednd sad SIXTY between : :': - n CHARLES E. WORTH and ANN G. WORTH - ' itt-li` , of W Cooney of JEFFERSON and Blab of Coleadnr, of tM Beet pert. and MARTIN KELLER and FLORENCE E. KELLER - . . d t Canty of JEFFERSON and Stab of Cahn of the mead pert; Wna.Wh. Thu :mad part ies of the Bart put, far and in =min n of the sum of TEN DOLLARS and other valuable considerations issnest b w weir wrtlfa d W an.t part ta Mad parr by w said perm d the sense Pmt. W neppt wl.a.d k hereby so- f.a. and animowleateed ha .wi& . nab w W nett � mid ° and o'ten" OyS• and by them amain d. t ..I, ha.rin, wd, . Awd.a d the ..mad part. net ten" in .memo Mt in Jolt Man.oy, the .un..or of Oa, IMIr eadpe and the hdn and tarps of era mn.w lamer, W the M5..inq denial lot w panel of lad Anna, lying and brag in the Canty d PITKIN mad etas. of Contra wine A tract of land situated in the NijSWt, Section 1, Township 10 South, Range 85 West of the 6th Principal Meridian described as follows: Beginning at a point whence the SW Corner of said sec- , tion 1 bears S. 13'07'40" W. 2200.70 feat; thence N. 67'25' E. • 263.56 feet to the center of the Roaring Fork River; thence S. 13'12' E. 82.92 feat along center of the Roaring Fork River; thence S. 4 E. 148.33 feat along center of the Roaring Fork River; thence S. 81 ° 24' W. 239.05 feat; thence along the are of a p I curve to the right with a radius of 1389.33 feet, a distance of 70.82 feet (the chord of which bears N. 10 ° 03'30" W. 70.81 feet); I thence N. 8 ° 36' W. 12.00 feet; thence along the are of a curve to 1 the left with a radius of 303.18 feet, a distance of 85.02 feet 5 i (the chord of which bears N. 16 W. 85.00 feet) to the point La __ s n 0 of beginning. Containing 1.14 acres more or less. ! -; it s Q aQ r � �ol t . . �, r .n' Taesthr with all and eklukr the banawmnw and epMnuaenees ttrrwmte hamming, et b a ielap tehrie , and the reran .ad mean termdm and rmaindwa feria ban and profits those!: and W la ere, in Bola inert, rem and demand whatsoever of the sad pro Jeer the Bet part, either it kw or equity, d, k and to the above bargained pan., math w hredtt.mob .nd appertain To Nan and to Hold the said Inedree above barpined ad described, with the appertea.na., unto w said s p the seen pert, w infra d parties parties at s them, Lair W aim me d ash miror Mtn. And w said tat Jea due Bel part, for thetas vas theirs:a, d minitn bursa nerd agree to .d with w mid ... - .n, a d prom d the second part, w ani.w d them, Weir saga end Ur tM s ..d nape' of such ani.o., that at the time of the wwsaM• and delivery of them pram% they are mesas Of w pmmas above saved, es d pd. elm. perfect. Salute and Inddee.Ude made d kheritanee. in kw, in fee S.rp.. end re ve the right, fdi power and awful authority to p.at,barpein,sell and nanny tlemme m manner and Imam nested, and that saae ar free and en from all fan am and other putts, bermes. Nee, Her, Wee pub and kam of wSbriddratw.seorr, excepting taxes for 1960 payable in 1961; N the ban. peen iv w quid and gnats peemim. d We mid p..0 d the areal pert, w mvi.m at • • signs ad Me Min and spa of such mariner, arias W and eel neon or pan awfully eni.eing or to dWe w win or say part thee', the aJd pan les of the feat part .ban sec will WARRANT AND FOREVER DEFEND. ha Winne Wbsnpf, The mid net iesd the first part here hereunto set • as the day nd Tar Pot above rein their 1 g ad Sgpd ssakd and Dcbvwed k dm Pneeene d V / % /.' � /7 ,�S„�, 1. —r— C ' 1G _ Y . ... _. fM. -(aGL) /, n- �Q \.�__.engta /.__:Z....= /I_,I_t' r/__fBaAW • L_:m15 .!t 44c.:G : .._. —_ -- ._.HEAL) d $T Ai OF cOy padpo, ! - •,�.. .},I . Oamaty / w The fonfl iaatswaeet war ackaowledprd • • i ii , balm. m ,4t. _—__ ....._ -may d......IUNK— . -.__., to60..._, v • i An' '. be........ LIT E.. -G.- .WORTH.- - -" - -_ _ —... --- -- - -- _ * 0 � /:�! 1r' ..N m arPtm— ��17 Notary Palle. •11eeaka k Weld or 'Namwuw a.ada. kart euw AN al. Awe aweh. rd At Nom a.rr. 113S- Patvmm WARRANTY nab TO JOINT TENANTS –T.¢ t. Road /WA LOt • t:Y. Cow, 0....t,c ., • E0'E0'd PC21096269S260L6 01 8208 8C2 COE 09m sI. -1nns 9NIH >ra era: at :,c. a. near i. y � * .10 * rt ,h" M • >.t. + w..+ . h cults stet, ,f.M IN. / , ' %, fit H November In u. P x n we nerd nine b..bd awl SIXTY between • : • L'IIARLRS E. NORTH and MIN G. WORM el I. JEFFERSON sal alwd Canon tor 11.ra part, sal MARTIN KELLER and FLORENCE E. KEI.I,ER aLisco.ny.1 JEFFERSON as One el(d n el gel mood N : Whosan. That IIes nd r$ iced Ile I iI it, bit ..dia arabaMn of nano el TEN DOLLARS and other valuable considerations admALl la nee rid pot 1 cad IM On part I. Lad pin by the add pact• at 1ho wad pd, w nine Mond h Weary ems. . heed d .i. he Ve rends haaden .Y an.e,ryN, ..l by then pen& de inn lean, .1t • , nn aid ne S.,I. no odd earns el In non on sat M treq is renew bet ia net R.ay, the amen .r Ihean their onto and tire hen and ad.. d mob mein funet. Al the f.Swi% Joan' lei it pad dhal dnrl., Iyhd and Ling in IM Carey d PITRIN .d Sled et Orient tang: i All of Lot 5, in Block 1, Red Butte Subdivision, as shown on the Plat thereof recorded as Document No. 110235 in Ditch Book 2A at Page 259 of the records for Pitkin County. 1 4 Subject to Restrictions recorded as Document m No. 110276 in Book 191 at Page 599 of the records for l; Pitkin County. 7 ' 3 CORRECTION DEED, IA) DOCUMENTARY NECEZV ARY Ft 7 I Tartar do all d dada u. ha.ate.at. and . y...em thermal. bWw.(. er i• ay.• .Asti%, and Us mans .r ee.d.h ra remind .d ra ade.ti roar nen ad pens nod; an CI the alas, lip% tiny iawd, eWe ad dented .Wants el W .id pat iegel the is pal der ht l.. a,gdy, .f, N and te the abate Wtag.d peony whir W ha .manta d .pystmma To ern ad Ur add the wed pons den WOW d ,knihd, with n. .q.els .a a do ll. aid pen. el tM road pal 05 ann.el en their anon ad the lire d anon Mash ..nl nr Immo And the aid rat Les d the Bra port, tar themrd ves, their hen eamt.d ad addnine n, ,b anew*. nob alas "ad .Mm b d. IM in rd Col. d the aW gal thr .nrimr d men, Weir nays ad the Ian AM ..itas den aS., that .1 the lies d the cram% and deanery d 0114.11111•1001, they are waned d Ue lean., don .evoSL M of pal, ne pnbnl darn. sal I.Iwdhb win 0.544. S dot e el . in b., i. fa ni al ware Died d, ha d Ad pawn ad WWII .ulbnty I. .sal har14., .S an ne,n the mown ,a.a sal fan. tang sal OM ' the Ina, en bee end siem ban all land d ether pay bad, not ten We. .anal d la . sn d "1".". lhd cede. Wet except taxes for 1960 payable in 1961; wane wn. henna ,....n h, the Till and paaSb prone d W old pant d the Tad r,.f, the amine of glee, t1W pis d Ih, Ins d spa d on monitor. %.i,.t dl and .—y pen. re Imess Mena) gang ar le Ado the .56, a any pal Ih.d, W .a pat ies el Y. e. pri I d wen WARRANT AND ?OI1RYRR nil 11 In *wand ne fat ewe entree. La 1 bUM, m. r.d pet i.esd 1M int ..a M ve I..esem M their a owl Bipd Dairen in get Ae..a d ; i/, 2 / r✓ [ _ ` k -- .. • _..... _ ...._. _....___ STAIR ._. — ARAN W COLORADO, 1 , E. *may ' 71e ( i.Oaml a sd,..Mlp,l • • `• lane nee Rio._- 11U1._. . _ .... —_ ..day or N __ �_' 1p._6D.. • e �'dOS±' Id— INARJ.i:9, 6 Nat)! and A.t1t?_.G 1.,__ .. W!s a led rl teal m _.._. p U R t l t n oh ama in aph taRaar) 20 1 2 .•`1" .91:,0 ; if,.12 ( l_L .C.1._—_ .�Fp Aloe. sm..( YdYW.a...a.... / ,M r d.b -o.edb .I M dw.—. pF•mam WARRANTY ORD To JCdR 1INANTs-The C 1. M.Md ate A. • 1p... C. a.a.C• ■.• _ • ____ ___ ■•... ,..,.. c„»nne nury ➢J )01:011 RR.m1 OON NOU 10'99 18:07 FR KING SOOPERS 1480 303 239 8028 TO 9709256929601234 P.01/03 • a. SCHEDULE "A" NUMBER AMOUNT P I rf 8 55,700.00 Dated this 28th day of July , 19 60 , at the hour of 2 :32 &clad: P. Ld. 1. The name of the insured and the estate, or interest of the insured in the premises described below and covered by this policy is as follows: MIME NEUFB and FLORENCE L Z8LIZR, not as tenants in aaaon, but as joint tenants with right of survivorship 2 . The property or premises, the tide to which is insured, is described or known as follows: A tract of land attested is the tikert, Section 1, Tmatehip 10 South, Rango 85 Mast of the 6th Principal Neridian described as follows: Beginning point whence the Sf Corner of said Section 1 b13'07140e ars 9. M. 2200. . a thins N. 67'25 E. 263.56 feet to the center of the 8a 70 feet] ant thence S. 13'32 E. 82.92 feet along center of the Boa Fork Rimer; S. 4•52' E. 2118.33 feet a � a rk River, theme S. 81 W. 239.05 testy center of the Roaring Fork River; theme along the arc of a curve to the right with a radius of 1389.33 test, a distance of 70.82 fest (the chord of vtd h bears N. 10 M. 70.81 feet)/ thence N. 8 W. 12.00 feet/ t$na along the arc of a carve to the lett with a radius of 303.18 feet, • distance 8.02feet (the chord of which bears N. 16 W. 85.00 feet) to the P oint 5 ginning. Containing 1.14 acres more or leas. SCHEDULE "B" Showing defects, lien , encumbnncm and other matters against which the NOT, by this policy, insure: Company DOES 1. Rights or claims of parties in pion not shown of record, including unrecorded neements. 2. Any state of facts an accurate survey would show. 3. Mechanics liens, or any rights thereto, where no notice of such bens or rights appears of record. 4. Taus and aaeeatnenrs not yet due or payable and special aasasmm, err charges not certified to the Treasurer's OI8¢, including all taxes levied, assessed or certified subsequent to the year 1959 se per Tax Certiaate No. 659, dated July 15, 1960. 5. . �e 1 tot is located in Aspen Fire Protection District, and the property is (a) Annual aasessstte %Isiah are included in the annual general tsr and /or (h) Periodia oharges. 6. My and all ditch and water rights. y� • 7♦ Ibit portion of the above captioned property lying northerly of the high rater of the Roaring Port River. 6, ( , ,IA( 4/4oft&ivoiti a r , ...1 i -. Apex rAo-q_eA. J /s�ce # Jere V 0? ? - l 9 o'e Car,1g fort .1.) CS c•(avm Bk s 8Y Z tact 274, un oda' rit4 t4 8k s P /f6 /DS CRC P Ku/ Okein - 0 • ' U s r �, � ( n �3 h re 'l ivy A 4tait 6h SYS . e 1 0 0 ;�-s n Ca, .-. • ) k. 3 0 7Y • c Pori 13k cYS P 70 g po II A yr= - v - w z•« rim C a r / � ♦ Sy r (] o I I V i n. U y -0 I i W 4 a ii e ~ wt. � op 2 a s' • • • 4' . - - - - —.. t.swern .G C , S a ULE A•OWNER'S POLICY CASE DUMBER DATE OP POLICY MOUNT OP INSURANCE POLICY NUMBER PCT -3074 7/2/90 0 8:00 A.M. $ 230.000.00 129- 015649 1. NAME OF INSURED: • MARTIN YELLER AND ?LORI [C E:: R2 LER 2 .t!: „STATE. OR .R ST I:F' THE .LARD .R!ROS-.Amm. 00C3 IS COVERED BY TEIS POLICY' _ *S: ' IN FEE SIMPLE . 3. TEE ESTATE OR INTEREST REFER=RED TO =REIN IS AT DATE OF POLICY VESTED IN: MARTIN :OLLER AND FLORENCE S. KELLER 4. TEE LAND REFERRED TO IN TIES POLICY IS DESCRIBED AS FOLLOWS: LOT 5. BLOCK 1. RED BUTTE SUBDIVISION. ACCORDING TO TEE. AMENDED PLAT RECORDED IN PLAT NOOK 23 AT PAGE 74.. COUNTY OF PITXIN. STATE OF COLORADO. 40 j / PITKIN CO= TITLE. INC. . //L/ / . _ O •601 E. !0PKIES AVE. ter41Zned •c'.SO:ized AKec. ASPEV. COL^wO 8:s:: r. (SCSI 925 -:T68 Ter POLICY ELMER SLOW ON TEIS SC'aCLE MOST AGREE MITE TEE PEEPRI :: W NL'Y.B°R ON TEE =T. - • ' Estes $Y . C O ?n f l l f M AM TH PO NUMBER A Piimt FkikipConReaP 12.8 = 015649 . OWNER'S POLCY OF TITLE INSURANCE SUBJECT TO THE 313FLIWONB no DOVBHAGE. THE EXCEP17ONS nom COVERAGE. CON/AWED Rt SCHEDULE H AND Tf3E.CQND1710 t . / .0�10 SIJL M IONS. COIA(ONWEA,Lm LAND /372 $�13URAbia CONLPENY, a Pomerania e7 brain mad Yrosigre boOrer. n d Doe of Pa&y shown le Schedule A. option leis or damage, sot -awing t Amount . . Of 3atpraotemed is Se4—t A.JnWurd or i e a p t d by the Mat by mason aC 1. flS Io We east is twee #iai6 it *t- A Wei mead oohs dm as amid lb= I 2. Alridemit it or feregammontrammela 1btYIR • 3 Lwrr�dspiH q d Oa tyke 4. ba st ds tight arm* to ant'8am Bighted. ap . 'Fig Campaar wai alas pay too onau. amernew lea '*4 ow income! in defms of the tidy s as inset bat so only to the a t p west �. is ma:CaaSeiee/aad lliptetivai. - • 1 ... *t W1)f8$S M COSIONWElj.TFI LAND TITLE lwsak cal NCE PANCr has aeoai its enepw:s ra and as "to be ; ' : he wain es by its . *sly as baud Woos the . to Worm Wide when ewaaraipad by as • eutheaimi effxa O steal of the . i '• mar COMMONWEALTH LAND TITLE INSURANCE COMPANY it Attest: BY: I' !� g L . ; President • LI ''∎ EXCLUSIONS FROM COVERAGE ! i es ! apeman The following matters are smelt a tam the emetape of this policy and the Company tnt not pay Iota or damage. cops, attorneys' . Ws or eman white arise by resod MI - i • 1.. (a) Any taw. ordinance or gmettnnental tegalttion (mdttiag bee not li®ted to bedding and zoning laws. adiasot. - or tegahtions) . j, ,1 rsteiesia . rgaladeg.' prollaitim or Seam to (r) the enema -y. use. or enjoyment of the-lurk (H) the eharaaa -t- , — is Or balk. 01 any i ap oamem now et WSW newt in the last (mi a separation in ownership at a doge is the 4 .----n or area of the land or _ ? art (tired of which the had is or was pest or (M rnreomteitai txome iah, ar the idiom of as viohtiee Of that laws. ordinances or gmerome al mgdatis except so tbs.essn that a notice of the enfotcemearihaaof or a mine of a defect. fins or emmbaae maddag ' ' kW aSWUM* at angst 'Siam agog. the IMIltilora. recorded in the nabs: Needs at Ow pf ?they. (b) Any .n- reetTelteetld pow hot rose Taint by (a) above. wept to the emu that a notice of the enema thereof or a amino of a deka. Sin or amentbonoe shin from a violation or ringed violation affecting the hod has been meoeded in the pubic moot et Date . H of Pc&y• 2. Riglus of eminent domain unless note of the aandsc thaaof has boa retotdd in the pantie womb as Date of Policy. boo not endodag from °w rap any raking which has sad prior to Data of Policy which swirl be binding oe the rights of a pwtehoar for value without knowledge. 3. Defects. Hen. we®b amen, adverse aims or aka =era r (a) woad, sexed, most et woad m by the Saved daunt: (b) not known to the Company. not atamdad is the pabGe reeved: at Date of Polity. bet known to the Waned damrfnt and not a iadmad in writing to the Company by the insured deep= prior to robe date the insured claimant became an meted ceder this poky: (e) rwimg in no lass or dorm to the Tarawa thmrm: (d) attaebieg or awed athsweet m Date of Policy: or ( rent/at' in km or damage with sioald sot sustained if the insured claimant had paid wine: kw tie fsub yi �� AL Owsee's ( 21 aH d Ody U Sehduk A. B and Corer Are Attached Fonn 1141-2 nrnrr..,eh F i ik I • %Lamers / lb A e , -., ---, USIVES MEC 4:. 00 , •••,. -_-_ 4E1 , VI. 443 .. . ‘ 1/2 \ . \ \ °7 • ,-... .,„. ,, %-.. . , . '`..... - ' . •da • I ... - ,- - ----, ,.‘ Aftolai • - - - .4 *4H- ) ,-.,._ \ N , r• ,S )14, - ea -, \ --, L., k 4 4 - ht • \ -......--- t visworik .4 ... \ 14 a fttp'1 ' 141.155 st1 1N.- - \ •-c : sirir .., i ••" -. - - •. f i signiA ..e. , ,... „. , - ___ ..... 0.. , , . . , ... 4 • ,• . • ' Xib ,.. nisei .•'. 1) I -se • : .. A: te I , .z. e„..., , .......k let . . i 4 Malt y . N. I. . • , ' Ms a tads way b r : 5 3 TS ....-- .. et a ta ',.<, It frr Mai or i pivots or e. ..1 . i ._. . . 9.. ? ./ .• at/ i )1. e i t . • . _4, 7 .:Aciltenum ,... 4 -' ' fa, ' ' --_, 4 , arte, . west lit 1 • -,.... L../ -.• - • it 40 . I 4, 1 c .5, Li ' f • . i ' t e#11, 4 • a et I. ,, i 4 17:4 7. ,.. , .9 Ni 43/44,s..„ -7--- ,...- i .--4... '4. . I r ) sib . 1-.. 1 "-SS . v --,-4, . wak Rd ,••• % t lk , 1 i -4_ 1 .5? t ii N 9ils ge" ,*** 1 .1 t 1.. . . - - ,,, , 7 r_c L. q \4. e. I , • ‘ • 1' Attle La......G6 I :1 ; ' ' • . -, . . , 7P N a / / 1 41/2144 ( 1 -- ; ..;;i9 1141 ••• , '- Mart* PL. , Tripip ' • / e, , ..1/4 MO I i 1 . e Ix - 10 1 '. i . 111•Res Clk Rd. -041.42 ' ..... ..,‘. Mir prISPOS,Parr ..4 64.011Ther 0., . . ....H4.7 i `.... ' ,„.... .1 'Wt.& akikirred Rd 11-47 Wrthrw De_ _ -G-142 Ae /42-3 6Iealma Ikt -.. -F-04 if * . ' kill %I . ilpff, , l t 4* E.44 Midal PA 114:7 ' ...... / fit 04.... , te Lwow t h ti_ hal Se ...G.I-S ,. Mur -41 ..../ ,........., e ....7., MetmerltSi 134,5 ' ' ' St- --G-34 Idemida Mew Dr---.241 a p - 0 ' , ,,. , ... . J4.7 Sloa Land O. Dr-- -144 'Saver ' 1 Gals& -WS P4r4s ow 114 Oronierb St -. -0441-5 WAS. La. 1. ----CUM Gibes Mr__ 041-14 61~, Dr -24 ,.,, / • 1 1// Munk -11.5 Nat St .2-14 Rion Dr _SA e n ; _F-I Oak La 04 RS:nab/a 146 , . S IC 's 1:44 Gun D. _11.2 Odgmal SL _11-1-6 Rrren14 Or 14,1 "41 11 'es• - A :b Q. n.Rd....---/144 Nall= 5,- G-3-3 Credal* Or -RA Rourke Pat Dr-. -.47 **, 4 .2, Or -14F44 Nees LA- 0414 Pat 44. Or 146 ROOM, RA Mt F-4-5 Honor %Om_ .114 Rad St F4 Ran C1-_ 04 -.. - I.- - ..... -=134144 WSW Dr .03 Pert Rd. . ES Wm M -044 s \ %Sods AW...:::-.04 itil HIIIIIIIIES Dt. 14 Plitio Ws .. 11•14 Se 0.-- _Fr2 ..-04144 Wain AK . 04434 Pieta tau Ile D-6.2 Sandra Or .5.2 1 - 04 243 --- Saar SL 41-5 Mawr la- 24 Sr 1410- Small .145 Hie* Creek Rd .E-F4 Pilfer PIN* Rd. .P43 Sane 5L..- ........ HYPOS Pa .G41441 Priem' Pah.. .142 Shadowed Dr .. Wry La... '..„- .... .J45 Atm St. 1441 Puppy Saidt St .. -.04 Shay LA_ F415 Them Th P1--.....1/4.....-/414514, LIM -- --E-2 / F 51 - - 11-6 PraMed pa _. Pd Mon C •L... ..04/ rill Rldfl DS- - .--- -1-7 0., La - H.14.7 Onto St- ...114 Sliver Kirti Dr P.4 Ur Av. PL --144 ...J-0-4 Rao St_ 04 Skimming LA. Yoe St-- - --.04 -------...1444 J o , ' L* 414 4 6, 14 - Rad BIM Dr 044) Smla IL- ....F.044 *Signs 54 ...04 ek_ .. 44 Last Ls 142 %San AT --- 14 1.0 tame Pk* Rd. . G44 Re, Rd .D444, um*, Mordas RZ 041-64 1 fad SL 7.:....14 44 : Rd-..--...' --:-45 taper LV..... 444 Rani St, 11 Erik SI. ..H4 tyje ---,4.-1.--/145 Marike Rd.. Rs* PI. Rd. ..64 Arelky LA ..1 WilkSIOWY WY- R-1-3-S -- , ft I / 5 --1 Mn SL- --Gal.) a Roo Grade FL s .04144 Sam Say CL, E Ilk 4 -11 Wier Rd- -.- ..... -2.4 A , - :4 'il c Resoonse to Attachment 4 Project: 1430 Red Butte Dr. Applicant: Annette Keller Specific Submission Contents Exemption from ESA Review by Community Development Director Part A 1) The boundary of the property for which the proposed development is requested is shown on the site improvement survey included with attachment 3. 2) The existing and proposed plans are shown on the construction documents included with this attachment. 3) Significant natural features such as trees and natural hazards such as the river are shown on the site improvement survey included with attachment 3. Part B - Stream Margin Review 1) The 100 year floodplain line and the high water line are shown on the site improvement survey included with attachment 3. 2) Existing grades with two -foot contours (five -foot contours for grades over 10 percent) are shown on the site improvement survey included with attachment 3. Proposed grades are shown on the site plan. 3) The development is not in the special flood hazard area. 4) The proposed addition will be frame construction designed to tie in with the style of the existing house. See construction documents. Response to Attachment 5 Project 1430 Red Butte Dr. Applicant: Annette Keller Review Standards: ESA Exemptions by Planning Director Stream Margin Review Exemption 1) The proposed development is not in the Special Flood Hazard Area. 2) The boundaries of the proposed development never have included any public trail easements. The property also has never included a fishing easement. There is public access on the other side of the river. 3) There will be no vegetation removed or damaged or slope grade changes made outside of the specifically defined building envelope. A building envelope shall be designated by this review and it will be marked prior to any demolition, excavation, or building permits and shall remain marked until the issuance of Certificates of Occupancy. 4) The proposed development will not pollute of interfere with the natural changes of the river. The construction will not cause erosion or sedimentation. Increased on -site drainage will be accommodated such that it does not enter the river. No pools or hot tubs will drain outside of the designated building envelope. 5) No alteration or relocation of the course of the river will be necessary or tolerated. 6) No alteration or relocation of the course of the river will be necessary or tolerated. 7) The proposed development is not within the 100 year flood plain. 8) The development will not include changes to the natural vegetation on any part of the river bank. This area will not be touched by the construction. 9) Development outside the 15 foot setback from the top of the slope does not exceed a height delineated by a line drawn at a 45 degree angle from ground level at the top of slope. See site section drawing. 10) The development does not include any new plantings outside of the designated building envelope on the river side. The existing landscape will be repaired after construction. 11) All exterior lighting will be low and downcast with no lights directed towards the river. 12) Site sections drawn by a registered engineer are included and show existing and proposed site elements, top of slope, and pertinent elevations. See profiles included with Attachment 3. 13) There has been accurate identification of the riparian zone and there are no wetlands. i 1 ' 6 B I 5 4 13 i P I ! a iii i'i!I i 1 6 1 �. -�w1• $ I a I : ii P .,r .1 g I:liI4! ! ! 11 I l.ii Qt o• so }F, q w 9 4I I RO ARING FORK RIVER II nis nso : i / 1 74/ 0 e M • \ y rid , , n t1c I / 11 1 \ x §t ci\r. I / "" J it W t 1 1 ; ; .A1/41 as "v lot \ \ ::: 'cc.m..„± -, -, I -, w j l f ..• 1 \ _ \_ 4 __ - III A 1 \,‘ : 1 totilti_leh liA, S - l4ii \` • i s / ■ it i +_ // \ Di RED 13‘31 X1 ' 11 fie ° - laps 1 1 1 'lb . ` ! ' _ 111.1 !!k! 1 II!' ; i ' aiu n o m I / n i - I I O - u. Z I I m 0 1 I D rn 1 I °' I I z ui • r rat 0 1 0 3. r R. - I I < z T, n i I a o ✓ o 1 1 Z CJ) 70 CO m n _ ° m I= I "� m V N V Y VD V V ' VV O o a Linn o N 0 a r_ z m � ..�' # 3s°' ate s I } ; •k n �� a 'lf d }}^^t; a 0 . x " # a ice , . ..4 :0;.‘,-, ',.. , ar — , .i '' . 4 . . ..'....- ,..'' '''' - = r o ' l ' ' t. :•') , i .. i 11 ' E F ' . i ' . '4,:, - '..,' '- co a "` ,;j 12, '' -./ '. ! i �� F k,, ies CD f "� � 1 1: - .' % ;0. 4 te-. a k CD j 1 Yap a 1 V a , . : * _f^iaaa'. s '� . Y y A y+ I et . ¢ a a ✓ ,' µ Cr L Y J g F�1 t ' c �' P. • - • # d i ` ''N { '„ ' � . fi r , { f r ,. a f_. t h t Y'i �� B • fa' TSa Lam. • .' — • '.er i - .... - (D ••;•,: - E' '.? , . , F � ffiw k ;, sue.: 'war ° * • • '.' 3 f, x w . ° L r s . a _ ' ' �' r �' .# , s ue" A A Y y .' , � a A�, . NS h } • i . : 'C7 �� ' . n fir$`: a '" '� 4 (9G " � �,�ii ,t . }.. ' y i� r .. f �r � � y �a , � t'� 1 ,i ir- , -,-,,:. ' ' . ..; '',.k .47 4"°-iri . ‘ , tl.:!. a ' +4 ';:i . 44i. i � •� � , ^S d r ' �Y te a # +` ' ..,.i. �. '__ ' . , fir.- >. May 12, 2000 Attn: Aspen City Planning and Zoning Please accept this Stream Margin Review application. The property is located at 1430 Red Butte Drive in Aspen (Block 1, Lot 5 Red Butte Subdivision). The proposed project is a home remodel and addition. Kim Raymond of Kim Raymond Architects will be acting as my representative during this process. She can be reached at 925 -2252. Her mailing address is 412 N. Mill St in Aspen. Thank you. Annette Keller 1430 Red Butte Dr. Aspen, CO 81611 925 -4039 CITY OF ASPEN PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Chris Bendon, 920.5072 DATE: 12.13.99 PROJECT: Keller Stream Margin Review REPRESENTATIVE: Kim Raymond. 925.2252 OWNER: Annette Keller, 1430 Red Butte Drive TYPE OF APPLICATION: 1 step - ESA approval by P &Z DESCRIPTION: The applicant wishes to build an addition to an existing house along the Roaring Fork River in excess of the amount allowed under the exemption provision. A phased development should describe all possible phases to be included in the review. Land Use Code Section(s) 26.435.40 Stream Margin Review 26.304 Common Development Review Procedures Review by: Staff for completeness, Referral agencies for recommendations, Planning Director for a recommendation to P &Z, Planning and Zoning Commission for final review. Public Hearing: NO. Referral Agencies: Engineering, Parks, Building, Fire Department Planning Fees: Planning Deposit ($1,110) Referral Agency Fees: Engineering, Minor ($160) Total Deposit: $1,270 (additional hours are billed at a rate of $185 /hour) To apply, submit the following information: 1. Proof of ownership. 2. Signed fee agreement. 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application 6. 15 Copies of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ +5; CC = 7; Referral Agencies = 1 /ea.; Planning Staff = 1 7. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 8. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. Survey must be current (within one year) and must show extent of 100 -year flood plain. 9. Additional materials as required by the specific review. Please refer to the application packet for specific submittal requirements or to the code sections noted above. 10. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of (IN of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: I. APPLICANT has submitted to CITY an application for (hereinafter. THE PROJECT). APPLICANT understands and agrees that City of Aspen Ordinance No. 49 (Series of 1998) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY 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 CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY stall' to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration. unless current billings are paid in full prior to decision. • 5. Therefore. APPLICANT agrees that in consideration of the CITY'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 S which is for hours of Community Development staff time. and if actual recorded costs exceed the initial deposit. APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY 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, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: .4416t.-&- / By: -eta/ ,I � /( .st ie Ann Woods ommunity Development Director Date: VII* Mailing Address: /93C 41 at „ • a 44 C t g /E 1/ Response to Attachment 3 Project: 1430 Red Butte Dr. Applicant: Annette Keller Minimum Submission Contents 1) See cover letter containing name, address and phone number of representative. 2) Street address and legal description of parcel on which the proposed development will occur: 1430 Red Butte Dr. Lot 5, Block 1 Red Butte Subdivision 3) The following legal agreements showing ownership and affecting property are attached: - Original Deed of ownership by Martin and Florence Keller - Original Title Insurance issued to Martin and Florence Keller - Letter from attorney handling estate settlement for Martin and Florence Keller stating that the title of the property will be conveyed to Annette Keller and Janyce Austin (sister) as co- owners. A copy of the title insurance as conveyed to Annette Keller and Janyce Austin will be forwarded as soon as it is completed. - Commitment for title insurance conveyed to Annette Keller and Janyce Austin - Lot Line Adjustment Plat for Quit Claim Deed Registered 12/11/87 - Title Insurance for above Lot Line Adjustment Note: existing utility easements are shown on the site improvement survey in part 5 below. 4) Two vicinity maps of lot are attached. 5) A site improvement survey showing buildings, easements, trees, river bank, high water line, 100 year flood plain. Millard & Hunter, P.C. Attorneys at Law 6025 S. Quebec Street, Suite 330 Englewood, Colorado 80111 -4596 Kevin D. Millard Telephone•. 303/843 -9670 kdmipandemillbuntcom Facsimile: 303/773 -0914 Laurie A. Hunter remso.mi lbuntcom labnn te,tnillhunt cnm Patrick M. Plank pmphsnk@ edThentrom November 22, 1999 VIA FACSIMILE - 970- 9254929 APIs Film CLAMS Mho, Ms. Annette S. Keller 1430 Red Butte Drive Aspen, CO 81612 Re: Title to Real Property Located at 1430 Red Butte Drive, Aspen, Colorado Dear Annette: Pursuant to our telephone conversation, I am writing to confirm that, as we discussed, the property located at: 1430 Red Butte Drive, Aspen, Colorado, belongs to you and your sister, Janyce Austin. That property was previously titled in the names of your parents, as joint tenants. Both of them are now deceased. Under the Colorado Probate Code, title to property theoretically passes at the time of death to the persons entitled to receive it, but subject to the process of estate administration. As you know, your parents' estates are currently being administered, and record title has not yet been changed to the names of you and your sister. However, as part of the process of administering the estates, record title will be conveyed into the names of you and your sister. If you need any further information, please give me a call. Sincerely, Kevin D. Millard KDM:sI OA W PDOCS\R ELLER ES\ 1 122. LlR A °R. 5. 2000 12:03PM PIT COUNTY TITLE NO. 8565 P. 1 COMMITMENT FOR TTILE INSURANCE SCHEDULE A • 1. Effective Date: March 10, 2000 at 8:30 AM Case No. P 7-3074PR 2. Policy or Policies to be issued: (a) ALTA Owners Policy -Form 1992 Amounts 0. Premium$ 0.70 Proposed Insured: Rate: (b) ALTA Loan Policy -Form 1992 Amounts 0.0 Premium$ 0.1 Proposed Insured: Rate: Tax Certifi - $10.00 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in , is Commitment is at the effective date hereof vested in: ANNETTE S. KELLER and JANYCE ELAINE AUSTIN 4. The land referred to in this Commitment is situated in the County of PITKIN r of COLORADO and is described as follows: LOT 5, BLOCK 1, RED BUTTE SUBDIVISION, according to the Amended Plat recorded in Plat B..k 23 at Page 74. PITKIN COUNTY TITLE, INC. Si edule A -PG.1 601 E. HOPKINS T is Commitment is invalid ASPEN, CO. 81611 u less the Insuring 970 - 925 -1766 • P 'visions and Schedules 970.925 -6527 MX A = nd B are attached. AUTHORIZED AGENT • • APR. 5. 2000 1.1:08AM P'^ 1 1N COUNTY TITLE NO. 8562 P. 2 • 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 nuts. be executed and duly filed for record to -wit: THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES OILY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUE D 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 BELIEVEjALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECIT AND THE COMPANY 1S NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. • a A'S, 5.2000 11:08AM PrIN COUNTY TITLE NO.8562 P. 3 SCHEDULE B SECTION 2 EXCEPPIONS 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, an 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 mished, imposed by law and not shown by the public records. 5. Defects, hens, encumbrances, adverse claims or other matters, if any, created, rst 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 are therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded August 17, 1989 in Book 55 at Page 5. 8. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Protective Covenants for RED BUTTE SUBDIVISION recorded September 23, 1960 in Book 191 at Page 598 and Amendments thereto recorded in Book 371 at Page 116 arkd Book 393 at Page 200 & 202 and Book 412 at Page 638 Book 416 at Page 695, Book 505 at Page 360, ook 505 at Page 967, Book 507 at Page 594 and Reception No. 390385, deleting therefrom any restn ons indicating any preference, limitation or discrimination based on race, color, religion, sex, handi ap, familial status, or national origin. 9. Easements, rights of way and all matters as disclosed on Plats of subject property recorded in Ditch Book 2A at Page 259 and Plat Book 23 at Page 74. 10. 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 in Book 606 at Page 79>' and Book 727 at Page 888. A = R. 5.2000 11:09AM PrT°IN COUNTY TITLE NO: 8562 P. 4 ADDITIONAL INFORMATION AND DISCLOSURES The Owners 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 owners title insurance policy for a single family residence (including a condominim or townhouse unit) (i) of that titlh entity's general . requirements for the deletion of an exception or exclusion to coverage relating unfiled mechanics or . materialmens liens, except when said coverage or insurance is extended to the nsured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company a nst unfiled mechanics' and /or Materialmen's Liens executed by the persons indicated in the attached c py of said affidavit must be furnished to the Company. Upon receipt of these items and any others requ' ments to be specified by the Company upon request, Pre- printed Item Number 4 may be deleted from th Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon ally 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 ". I Pursuant to Senate Bill 91 -14 (CRS 10 -11 -122); (a) The Subject Real Property may be located in a Special Taxing District; i (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurers Authorized Agent; (c) Information regarding Special Districts and the boundaries of such districts may e 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 i and the costs thereof charged to the proposed insured unless written instruction to the contrary are rebeived by the company prior to the issuance of the Title Policy anticipated by this Commitment. This commitment is invalid unless Schedule B- SOction 2 the Insuring Provisions and Schedules Commitment No. PCT- 3074PR A and B are attached- • • • I ww 800'39Hd ieioi nu Iw ,nod 5&....2.61:h1.r rhAiS —_ A. n, r60 . t2i3z .:.I.,tX_u..____....FAiiT._6.. _ SAl !.le._._._._...._ n.connnn. Ii..$r N._ .Q999.W_._ ., tE11S 1PBil, Id.k lb w ,la a JUNE In IM y.0 d m r t and aaetba,amMdm:hemlr.d.M SIXTY between - CHARLES E. WORTH and ANN G. WORTH N the Cauny d JEFFERSON and $IAte of Ceis.do, oI IM S.t p rt, u.l j; • . MARTIN KELLER and FLORENCE E. KELLER -- ,,`.. 01 tb. Camay or JEFFERSON .ad anl. of cdaso, of th..w,nd p.rt: Witnar.rh. T1.t tbe .dd p.n iea d the fiM p.rt, far .ud is .,maiden dun d the am of TEN DOLLARS and other valuable considerationa 7fE4BdlMt to dw sid p°n of tM Xet part . hand p.N by th.. id pubs .1 the ecavnd pawl, the rwmtpt whs„d k hereby eo,r kweri and neknowk.ladl ha V! Rmatarl, Im ed redn, .old .S eonveytd, u,J by tbmo pnwk m do Ran. harwdn, m1l, convey .sl eondnn, unto tM add paths, of the.eeond pan, rrel k td.n.y k sans, bat 1° ,Snt In,wwy, the earr:.or of Ihos, thdr NU a..ad the Min .nd .Seen el end, .nNVe (saver, WI Ibe folkwing deavib.d lot w twnl of I.nd eiamta, lyln .ad belM In t . cellar of PITKIN .let et.t. nf coior.a t... +t•. A tract of land situated in the NiSW�, Section 1, Township .0 South, Rang. 85 N.at of the 6th Principal Meridian described as follows: Beginning at a point whence the SW Cornar of said Sec- tion 1 bears S. 13 ° 07'40" W. 2200.70 feet; thence N. 67 E. fl 263.56 feet to the center of the Roaring Fork River; thence S. 13 E. 82.92 feet along center of the Roaring Fork River; thence S. 4 ° 52' K. 148.33 feet along center of the Roaring Fork w I River; thence S. 81 W. 239.05 feet; thence along the are of a A curve to the right with a radius of 1389.33 feet, a distance of 70.82 feet (the chord of wbich bears N, 10 0 03 1 30 1 ' W. 70.81 feet); thence N. 8 ° 36' W. 12.00 feet; thence along the are of a curve to € I the left with a radius of 303.18 feet, a distance of 85.02 feet (the ebord of whicb bears N. 16 ° 38' W. 85.00 feet) to the point • „•�„ s of beginning. Containing 1.14 acres more or leas. ( Toa.rhe with .d .rd .ad the nweninn .rd eiedr,l.r tbe hm.n t. a l de epp ism n d p onto then w In 1,. * , zi sfdaltle, ev.rdoo., rem.inde sad modades, ream, Isom wed profim thswd; ud all Yen aathte, dghb 4tle, {o l ternt, ddm and deawid wMlsenr of the rhi part iesd Ibe ant part, dther it hw or ogdty, of, k and to tm.lion gsf..J prmf with tha Mnditameatj and appartraaro. To Hun .nd to Hold im rid paeans. aben bargatrd aad dseibed, with tbo appnrkn..er, unto the Sd partin of n,e.ommh pet, tM earvivar af t,mm, thdr aria. and 11. Min and .mid,n of aaah eant.or fore.,. Aed the eebi part iea of i m fiM part, fe themes ves t .wwutom, and adSSu. b herein • agn. to .nd with SM .&ti parka. of tlm m a aend pet , e.w vi,or of tkn, Wee .wud,m.nd the h rdR.bR°"d•t+ at eueh suMvor, that at the i me d the etaeaneg and delivery of Ibme ]nwamfe, they are wall steel d um prmnkm .bore eonvgwd, ref Sood mrm, psfnnt, .Mohtte a.d Imw wa,k mbtk of khrritnace, in kw, in In .Impk, sad hn Ve rod riwht, full pow, and bwfal auawwily to Snnt, bugdn, dl and a arty the mme In manner aad farm dmemd, and that the rmo am the reel ekur Irom all forme and other gnat., barpin., adm, nee., l.xm, .. mm,$ sad leeumbmnma of whatov kkdetmture.oever, excepting taxes for 1960 payable in 1961; .sid . Immrrined prrmieea in the qukt ud peas.hl. poetrlon of the rid parts.. d Ibm weond milt tM ..nivor o1 'gm wd 16n ha .mid mad °mrpm of .ueh wni,m, .punt .11 uM erey pmeon er pen.oro I.w?uny eIwning w to ddm the wbde m .ny part tbenor, the rid wt iea d Om first pet tlall .nd will WARRANT AND 7OIIEVER llEFEND. ID Wltaeaa Wbar.ol, TM rid pet ieaof tM not part bwe heemto m1 ad th. day .nd yaw fim1 °boil. wdttea. Yheiz ma s sad arled end Deavwed oeo of �Cy^F'_ �.!!f/ . .. 1 .... _...U_ h!'.+I_'>'U1� (SEAL) .1_..t...: ne ��cut a°..- - (eEAW d -- -- ST oT OObOalDO, - - ' I, -•} ' • •1 TI m M long i ml g i w.. aeiialglnd � i. 7 da d._...JONE.___ . y Q t �l';A,: by__.._tr Ste. WORTH...an&.ANN...G. -- WORTH. '. 'D t ' a . Witara mY haad eFidd wr iulan e�cp�a LIIY 5..1980 -- .._ 11 R ,� - . AI r .• : � row._.._.._....... • 0 . Nekry Pablie. •11 ma.. M mIIkld m rmnwat.rhr an.rltr. k.ur ,w. ,d Wo.m.. s,aa.db W I .h urn.. dy.- P- etWate WA•MANTY DEED To JOINT TENANTS —h,C F. 11.eettlbh.t awA a UYa C..A..w,W. C0JC0'd VC21096269S260L6 01 0208 6C2 CQC 091* S?J3d00S 9N1>I Nd 80:9' 66.01 f10N a M^. 1 118 v\'. tMTt t . . L Old is Q a m sum LA : raw • e.'' ...tw'ao 1 ,r' � . -••.•` W {I{$ Verb aisle thin / / ! Pn loa November ' In t he year , w Ar one therrmil nine hundred and SIXTY between �,. CHARLES B. WORTH and ANN G. WORM d lbe. imnby d. JEFFERSON mall foam of Cblm,I, of the knt poi, ad MARTIN KELLER and FLORENCE E. KELLER at vitamin d JEFFERSON sal Slat. N Colorado. d W. .loud past; WIM.mamy list ands rot ice's the Net part, for and Ie coi,lmnm, nl ea mm d • TEN DOLLARS and other valuable considerations aeechM to the add tart i esor the NM tart In heed pad by the said p.rllm or the weed pant, the inlet wheel i h, i y em,. front mil minnwlnlord, he ve o,wMl, latvdi.l, sold nd MII•fnd, and by time peomMolb mot. lw.nin, .0 MM.). ear a l aspe onto Igo old meii. of the mm n tenancy Iar4 I aaney in Pence hat in Inlet tmmmy, the anm:mw.. Iles, the a repoo and the heirs soil .inane of ouch survivor 1.rvver, all the fdbwing described tat ,w rand or bsl M ums, lying and bring in We County N PITKIN and Nate of tsdoraio, twain i All of Lot 5, in Block 1, Red Butte Subdivision, ,! as shown on the Plat thereof recorded as Document R I No. 110235 in Ditch Book 2A at Page 259 of the records for Pitkin County. z Subject to Restrictions recorded as Document • P No. 110276 in Book 191 at Page 598 of the records for • i;1; Pitkin County. • � II S , CORRECTION DEED, N0 DOCUMENTARY NECE9.,ARY ' +C S ;IL: • Together with all and singular the hereditament. and agmunanv themmb bb Or in treat •Omtdninp, and the maims ale revanbm, no.Nador and remade. rents. Yea and pronto Woad: sod an W. mule, $gJ, nisi, lien.{, Nnlm and demand wh.bmne of the mid put iesof the inI NA, either N 4. or ,puny, et m ad to the above h..nM,d pmeisy with the Sept. end. .d appolmaoca To H.no and to Hold the mid premhmt above Iawpind and davibed, with the .pportemncta mu the mid Pardee al the wood part, W. norther of dam, their .aim. and tit hero and e®nos of such anlvoe heerar. And the put Les N We MN art. for them.d yes, their hen. taevbn, end animinignb,n dh, Pass%, pant, WNn end arm to and with the win maim of the meaml part, the nervier of them, their moire and the brim owl swam damp mnivar, that il the time of the n.wling and delivery of Now ImwnY, they are mil mind d Ur pannier. o hms nmvuynl, m nl gaol, n,m, In,fml, obsolete mud imhdaNdd,atao- of iniwribnm, in mw, in fn dmllr, and have and right, full power and lawful eanm,ily to grant, imrpin, .ell and n,nvnv Um Filar in man end form dcredd, awl that the man am lee mod to Ins alt farmer and other roots huminot .ib,, lime Is v, we,mm sod loaudnuxb d wWWnrkmdonmaeme,n, except taxes for 1960 payable in 1961; n,d the above Iwgeim,l remkw in the quiet are p ..hie peuninn nl the rail pent M the rw.d ports minima ima d them, air seism and the Iru. and .ape of such survivor, ageing all and evmy pawn or pose lawfully chiming or to anion the whole or soy peel limmf, the mil part ].es of Um first part Bloat mod will WAI1aANT ANN F01t1VNl1 ISAMU In Widnes Whenof, Thr said part iesuf the find part le ve Immune eat tlheir B and .mi9 the day and row Net above written. ,, /.y and DasW Biped, Boded a nd in Um Proem. ` / 4/ � ` 5 . / o/'ty� ` - (BRAE) ..._._. .... (511A14 ... sTATL or CCLO1A0a, I o ' ,, . • I A r . Comb d Pitkin • 1 lie fmdpddn i,ulvvrout ram ncksorlalpnl ,.,. 1 Wore me the 17th_... . .._....d.yor .._ November ._...,Ip_60., / . by_ v'HARLES WOR'111 and ANN g. WO13'fll. . . .1:. 1 ?it Imams lay band and official official sal. BL1l m • myeoaod,ao.spina.J?nuarj 1962 ! ! Notary I'ublb. 91 mew In .add m ern.an.ern•.mnrf ; f .. .M.h. .non warmer .d le .l.. mitre 331 P.a.v,sso WARRANTY OCCO TO JOINT TENANTS -TSC F. INNS Ban pn.t.LOa CO., MOM. Us. • CO/20 bC210962695260L6 01 B20B 6C2 COE 09tt Se3d00S 9NIJI dA L0:91 66.01 n0N NOV 10'99 16:07 FR '^^'G SOOPERS #60 303 239 eoae TO 97419256929601234 P.0l'23 • • SCHEDULE "A" NUMBER AMOUNT P 2 ! g 115.700.00 Dared this 28th day of July , 19 60, at the hour of 2t 32 o'clock P. M. 1. The name of the insured and the estate, or interest of the insured in the premises described below and covered by this policy is as follow,: MARTIN ffidER and FLOBENGE E. FELEER, not as tenants in con% but as joint tenants with right of survivorship 2. The property or premises, the title to which is insured, is described or known as follows: A tract of land situated in the NjeVj, Section 1, Township 10 South, Range 85 West of the 6th Principal Meridian described as 1 ollawet Beginning at a point whence the Si Corner of said Section 1 bears 8. 1)•07'405 W. 2200.70 feet; thence N. 67 E. 263.56 feet to the center of the Roaring Fork River; thence 8. 13 E. 82.92 feet along curter of the Roaring Pork River; thence S. 4 E. 148.33 feet alrnng center of the Roaring Fork River; thence 8. 81.24' 11. 239.05 feet; thence along the era of a curve to the right with a radius of 1389.33 feet, a distance of 70.82 feet (the Chord Of which bears N. 10 W. 70.81 feet); thence N. 8.361 W. 12.00 feet; thence along the are at a curve to the left with a radius of 303.18 feet, a distance of 85.02 feet (the chord of which beers N. 16 W. 85.00 feet) to the point of beginning. Containing 1.111 acres mono or lass. SCHEDULE'S" Showing defects, Iiens, encumbrances and other matters against which the Company DOES NOT, by this policy, insure: 1. Rights or claims of panics in possession not shown of record, including unrecorded Casements. 2. Any state of facts an accurate survey would show. 3. Mechanics hens, or any rights thereto, where no notice of such liens or rights appears of record. 4. Taxes and assessments riot yet due or payable and special assessments or charges not certified to the Treasurer's Office, including all taxes levied, assessed or certified subsequent to the year 1959 as par Tax Certificate No. 6 59, dated July 15, 1960. 5. The property is laaated in Aspen Fire Protection District, and the property is subject tog (a) Annual assenaaents which are included in the annual general tax and /or (b) Periodic charges. 6. Any and all ditch and water rights. 7. That portion Of the above captioned property lying northerly of the high water oak of the Roaring Fork River. ere v a 2 J � 33o.e Corn/? tort ,Ors clai%rn t k C fY / l 9Z ' J t � 2 � t,Oat Ralf Stifle £i. s 1 /70 /QYC' et ;vi Quit / YT..4, Kt*-4. 8k - ijy $ /f6 1 /DS CRc P (a aka - 006. T.wd�c. - f;fki, 13 12 S8y e /7y Piko Jecaidj 6 SYS P 10 S, � B 1 3 p ,y cx 41- 0 PaAs 0k sys P� 7a g H .! 1::: , a ri k. Th.-, 44‹. , i li or k . 1 ii x i 1 b it: lig E. o H i t i Mi c V F. 6 n II • s< Ii • i • . L 'd V160 ELL EOE Od 'dJ!Nf1H /0dV -IN HO d HVVV=6 6661 -E1 -9 Commonwealth ( . Land Title Insurance Company (, S SCEDULE A- OWNER'S POLICY .. • CASE !UMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER PCT -3074 7/2/90 A 8:00 A.M. S 250.000.00 128-015649 1. NAME OF INSURED: - MARTIN RELLER AND FLORENCE E•. REELER ' 2. TEE. ESTATE. OR INCTEREST IN TEE LAND . ERET.S :AID W1SICE IS COVERED BY TETS POLICY IS :. IN FE_ SIMPLE . 3. TEE ESTATE OR INTEREST REFERRED TO EEREIN IS AT DATE OF POLICY VESTED IN: MARTIN KELLER AND FLORENCE E.. KELLER 4. Tar LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: LOT 5. BLOCK 1, RED BUTTE SUBDIVISION. ACCORDING TO TEE AMENDED PLAT RECORDED IN PLAT BOOK 23 AT PAGE 74.. COUNTY OF PITKIN. STATE OF COLORADO. AO T_KZN COUNTY TITLE. INC. . A/ /// �' '601 E. HOP!KINS AVE. C. :te:siftned -Lthc:ized Agent ASPEN. COLORADO 81611 (303) 923 -1766 TEE POLICY !Ct'MBSR SHOWN CN THIS SC! EDCLE MOST AGREE WIT TES PREPRINTED ilL'y,BER ON TEE COVER SE - °:T. n'� -. -- -, ...- ...r.. , ....... - -. . ....., .__ -... , .- ISSUED BY 4 COMMONWEALTH POLICY NUMBER 1'4!`'D ce>M 128 - D 15 6 4 9 AReba GmmHd s iy i i OWNER'S POLICY OF TITLE INSURANCE f . j . SUBJECT TO THE plCLUSION3 FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B i AND THE.CONDm0?ss AMA STIPULOcTIONS. COMMONWEALTH LAND 'JAMS INSURAN¢ COMPANY, a Perms$tvania coeporanon, hest "dad the camping. Sham not Dana of Policy shown in Schedule A. against loss or damage, not ezaading the 'Amount r . of Mourns Stated in. Saha** A,. or incurred *the insured by fen a 1. Z to t he estate or Men diallead in S ask A bag vex that • vested other than as stated th 2. Any deem is u Ben (Kepwesinnw en the Ili* - - 3. Wput fee tedyof the thin 4. runs die . . .. . The Company will Asa pay the costs, &Moneys' fees and eapeesez incurred in defense of the tick, at tusured, bat only to the ate& provided in tLa Condittatd Std . 'IN Wff)ESS WHEREOF, COMiitN O NWEAI.TH LASYD TITLE INSURANCE COMPANY has wad n d its sorpcests se and cal io be 1 : hastens affinad by its duty authorized o (fras, the Pofiq to become valid' when eouatatfipn¢ by Si ' authorised officer or agent Of the ' i : 1 r- t ,.I COMMONWEALTH LAND TITLE INSURANCE COMPANY I ) Attest: B r .' U G7 i ti fi I:1 $eaebry - YI _ - _ Pn:natet 1 I r ' 1 EXCLUSIONS FROM COVERAGE 0 The following maters tee spreask eoduded from the eovcage of this policy and the Company will not pay lose or damage. wets, attorneys' I ., fern or expema which arise by st ant of: • I,. I. (a) Any law, crdmsorn or goveramental neulatioo (Including but not limited to building and zoning laws. ordinances. or regulations) is taarictiag. regulating, prolh►biitiog or relating to (s) the occupancy. use. or enjoyment of the -land; (d) the character, dimensions or location of I_. any imprarrement now or hereafter veered pn the knit (di a separation in ownership ar a change in the dimensions or uu of the land or k am P *d of which the land is or was s put: or (1v) environmental proectiedt, or the effect of say of these laws ordinances or : government regulations, mum to *torrent that a notice of the enforcement thereof or a notice of a defect, Gen or encumbrance resulting from a, w;dbmnn or about. !Pickup; silecliln tba kw/ ha't.been reemded in the Public records at Nit at, Ptdiey. !! (b) Any govvamental police power not included by (a) above. except to the extant that a notice of the curiche thereof or a ooti¢ of a i defect. ficn or cacumbranoe resulting from a violation or aticged violation affecting the land boa been recorded in the public words at Date of PS(iey. 2. Rights of eminent domain alas note of the acne thereof has seer recorded in the blic records at Due of Policy, !: from courage any taking which sus occusaed to Dam of Poi which would be tea e but not w it h o ut Pry h' binding w the highs M a purchaser for value without knowledge. i ' 3. ) Maw. lens. enemnbramms, adverse claims or ciba mttas: (a) anted, suffered, assumed or agreed to by the inured claimant (b) not known to the Company. not recorded in the public records at Date of Policy. but known to the insured claimant and not disclosed in writing to the Company by the insured daunt prior to the date the insured claimant became an insured• undo this policy, 11 (c) resulting in no loss or damage to the insured daimon: "I I i (d) attaching or anted subsequent to Date of Policy, or i I 1. (* thisa i,'n or coo trot 6 � sust l / „. if ie}+� t paid � v the gate gFjgaest :ale �'� /�� / mot `( � G7n� i %r'CF�,y - `,Z J' YT•y � ✓"^ys ALTA Owner's Policy ( '41 :7 ' . , ! 1-44- ' 7 -c-- vie • Face Page slid Only If Schedule A. B and Cover Are Attaches Form I1a1.2 "mini.. 1 Response to Attachment 4 Project: 1430 Red Butte Dr. Applicant: Annette Keller Specific Submission Contents Exemption from ESA Review by Community Development Director Part A 1) The boundary of the property for which the proposed development is requested is shown on the site improvement survey included with attachment 3. 2) The existing and proposed plans are shown on the construction documents included with this attachment. 3) Significant natural features such as trees and natural hazards such as the river are shown on the site improvement survey included with attachment 3. Part B - Stream Margin Review 1) The 100 year floodplain line and the high water line are shown on the site improvement survey included with attachment 3. 2) Existing grades with two -foot contours (five -foot contours for grades over 10 percent) are shown on the site improvement survey included with attachment 3. Proposed grades are shown on the site plan. 3) The development is not in the special flood hazard area. 4) The proposed addition will be frame construction designed to tie in with the style of the existing house. See construction documents.