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Land Use Case.131 Smuggler Mountain Rd.22A-87
() . 1/1" CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 7 /9/V) CEL ID D CASE NO. DATE COMPLETE: 02'i O X g9 A "1 STAFF MEMBER: `. - . PROJECT NAME: 1 ��L iii !1 Q� 10 /.et it e j ✓ Project Address: REINI INAL LTA:EITTIt hI _ ( o APPLICANT: ii i ' t-' iii r■n • P S Applicant A.dress: y ? ! Wr -/i' _ REPRESENTATIVE: Representative Address/Phon p EMT i�i 5 -qi TYPE OF APPLICATION: PAIII:_ C NO AMOUNT: # 730. 00 --I—STEP APPLICATION: uV P&Z MEETING DATE: " , PUBLIC HEARING: YES elP DATE REFERRED: '00) U- INITIALS: 71(1 2 STEP APPLICATION: CC MEETING DATE: PUBLIC HEARING: YES NO DATE REFERRED: INITIALS: REFERRALS: .- City Attorney Mtn. Bell School District ✓ City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshall State Hwy Dept(GJ) City Electric Fire Chief Bldg:Zon/Inspect Envir. Hlth. Roaring Fork Roaring Fork ✓ Aspen Consol. Transit Energy Center S.D. Other FINAL ROUTING: DATE ROUTED: �/D2R INITIAL:___ City Atty V City Engineer V---Bldg. Dept. Other: FILE STATUS AND LOCATION: --Z/l' r . CASELOAD DISPOSITION GOLDENSON 8040 GREENLINE REVIEW On August 18, 1987 the Aspen Planning and Zoning Commission approved the requested 8040 Greenline Review for building a single family house on Lot 7 , Sunny Park North subject to the following conditions: 1. The building' s foundation shall be designed by a qualified structural engineer following the recommendations of the geotech- nical reports submitted by Chen and Assoicaites, Banner and Associates and Pattillo Associates, and specifically having the structural capacity to bridge any weak zones. 2 . The house shall be constructed in the proposed location having woodsiding and either metal, asphalt or shake roofing, all to be unobtrusive and non-reflective in color. 3 . Surface drains shall be installed on the west edge of the west sloping roof and runoff shall be diverted to swells or area drains leading to drywells located far enough away from the edge of the slope to prevent a saturation problem on the hillside. The suface drainage system shall be shown on the plans for building permit to the satisfaction of the Building Inspector and installed prior to issuance of certificate of occupancy. 4 . Only one wood-burning device shall be installed. 5. All utilities shall be undergrounded in two ditches 2 1/2 ' wide and 3 ' wide as indicated on the utilities plan. 6 . Revegetation of the utility alignments and disturbed area around the house shall include reseeding with native grass mix, replanting of transplanted Service Berry and Potentilla bushes as possible, and scattered aspen trees along the western edge of the bench. 8040approval i MEMORANDUM TO: Bill Drueding, Zoning Official FROM: Steve Burstein, Planning Office RE: Lot 7 Sunny Park North Building Permit Application DATE: September 14, 1987 I have the following comments with regard to compliance of the Goldenson building permit application with the 8040 Greenline Review approval granted by the Aspen Planning and Zoning Commis- sion on August 18, 1987: 1. Design of the surface drains and drywells do not meet Condi- tion #3, according to Jim Gibbard, Engineering Department. The roof and site plan show drains appearing to empty onto the slope and the drywell to be downhill on the slope causing a saturation problem on the hillside. The Planning and Engineering Offices would like to see revised plans. 2. Jim Gibbard requested that the Plans Checker in the Building Department review in detail the foundation design to be sure that it complies with Condition #1. We noted that Mr. Pattillo's stamp is on the drawing, as required, but we did not analyze if the Foundation Plan on sheet 'S-1 shows the structural capacity to bridge any weak zones. On Sheet S-i I circled the general area where a depression exists, representing a potential weak zone. 3 . We suggest that the applicant be required to present their plan for utility. alignment and revegetation as part of the building permit application, to insure compliance with conditions #5 and #6. 4 . Only one fireplace is shown as approved. 5. The elevations, placement of structure, and size (at 2,700 s. f. ) all appear as-approved. 6. No indication of woodsiding and roofing material is given to insure compliance with Condition #2. goldenson.b.p. MEMORANDUM TO: City Engineer Aspen Water Department Aspen Consolidated Sanitation District-, Fire Marshall FROM: Steve Burstein, Planning Office RE: Goldenson 8040 Greenline Review DATE: July 20, 1987. • • Attached for your review and comments is an application submitted by Graeme Means on behalf of his clients Marvin and Barbara Goldenson requesting 8040 Greeline Review. They propose to build a single-family home of 2 ,700 square feet on Lot 7, Sunny Park North Subdivision containing 15, 191 square feet. The property is zoned R-15A. Please review this material and send your comments to the Planning Office no later than July 30, 1987 in order for this office to have adequate time to prepare for its presentation before P&Z. Thank you. ';'r l i 5 r'e a .E h c; G/4 A.- 136 5E/c-4--,= r) l3 v ?k1 & A • C O /.+5. r;i., SA S r Iz, . S t -Ni r"t /i-X2 • • • • • 4 • C*--i-ff(fg — Tr/Is is ftf- /ni OF Pftofio Pe 'ii -s of IJnL-I-tt s Fo K.- tt q aL O/PIsC N tor.. Ti+& 644_11E11_ DI51-1/IL6 1- 41 "koP kc eu/4-tr9. F6 II IL FrF_r w/0�, TIfl� s¢lv/E/L AIPP ITIR.Rfi. AA-4 714/E gaze. i4-.c/3 5'4$ /9f/IL6Y- / 'o. Tifry tea. I?/L R4CIF/ac/rZ DV 14 0/l4-10‘,9 L/kj N WS 114-170 v/5117' r0 4)/tU A- M/t:allio aF A/A-M211-L (//ret,frprzoA.i 44 4.1O Own',t,f/J w/r-/-f 14-04-y, ?r.. AgerA /4-2004-0 7tllz f3[/)U)/ 4!/GC r3/r. 5'/24101no As l e" 7-1hr SI r- p6l4Nt S> O, J, 14lD co/r,r id C-"1W lt4. . /4Na pI4Ntl" t'-'ILC CatiSIST OF C/'1 A14411/ SP //OS //L. , IAN) a F T2-IEiS I Ail GG /ft4u1 14pO/nWA'A L plk to S t=om • you o,v Md. 1347- G(5• -- ypl✓ ,v,z ;o !9-No fm 5 Fc//2tT h . • • • 1 s•Jc. 4I6rr F . • PATTILLO ASSOCIATES - STRUCTURAL CONSULTANTS July 6 , 1987 Graeme Means P.O. Box 4956 • Aspen, Colorado 81612 Re: Lot 7 , Sunny Park Subdivision Aspen, Colorado • Dear Graeme: As you requested, I have reviewed the reports which you provided for Lot 7 to determine the feasibility of . constr_ucting a single family residence thereon. Specifically, I reviewed the Chen &• Associates report of December 30 , 1986; the Banner report of May 13, 1987 ; and the Topographic and Boundary Survey map dated June, 1987. •Based on the information presented in those reports, it is my professional opinion that only a small risk of potential subsoil instability' exists on the site due ,to previous mining activity. That risk may. be reduced even further by siting the. house carefully, and designing a foundation which has the structural capacity to bridge any weak zones of the underlying soil. I believe - that with proper care and planning, the risk of possible distress to the proposed structure may be reduced to practically nil. Regarding drainage issues, there should be no problem with proper siting, to provide final grades which accommodate adequate surface drainage for the building and lot. Sincerely, • • ,`\tip�, s ' i.. , 111L� f • f, Robert M. /Pattillo, P.E. .IR,, °, � **"//' 'C>V NCO: .. ° o p RMP/kmk ..- . . *o7° T 167" lU'a4-] 'Y 111 ify 7 t, Sj "oPNAL ,Or % OF COQ-O's; • •- P.O. BOX 751 0 GLENWOOD SPRINGS. COLORADO 81602 e (303) 945-9695 • MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Steve Burstein, Planning Office RE: Goldenson 8040 Greenline Review DATE: August 13 , 1987 ZONING: R-15A(PUD) LOCATION: Lot 7, Sunny Park North Subdivision, east of the Park Circle Loop and up the hillside. SITE DATA: Lot Size: 15, 191 square feet Proposed House: 2,700 square feet Max. Allowable FAR: 4, 093 square feet APPLICANT'S REQUEST: Marvin and Barbara Goldenson, contract purchasers of Lot 7, request 8040 Greenline Review approval to build a single family house. The house would be located on an upper bench on the lot and accessed through the County on the Smuggler Mountain Road. BACKGROUND: The Sunny Park North Subdivision was created through approval of the County Board of County Commissioners in 1965, and was annexed into the City through the Berumen Annexation in 1966. Lot 7, owned by Pitkin County, was reconfigured to add 6,900 s. f. to the north of the platted lot and subtract 6,900 s. f. to the south where Park Circle goes through. The subdivision exception to accomplish this change was approved by City Council on January 26, 1987 . Included in the conditions of approval for the subdivision exception were: (1) the applicant will submit a specific building envelope as part of the 8040 review and (2) the 8040 Review will include an additional subsurface investigation made on the site of development to evaluate the risk of subsi- dence due to underground mining, pursuant to recommendations made by Chen and Associates in "Subsoil Study and Underground Mine Works Review: Proposed Residence Lot 7, Sunny Park North, " dated December 30, 1987. APPLICABLE SECTION OF THE MUNICIPAL CODE: Development within fifty (50) yards below the 8, 040 elevation is subject to a special review by the Planning and Zoning Commission according to Section 24-6.2 of the Municipal Code. PROBLEM DISCUSSION: • • A. Referral Comments: 1. Engineering Department: Jim Gibbard addressed the following points of concern in his August 11, 1987 memorand- um (attached) : a. The Engineering Department advises following the recommendations of the geotechnical reports prepared by Chen and Associates, Banner and Associates, and Pattillo Associates. The northwest corner of the proposed building is located over a depression that was referred to in the Banner report as a possible capped shaft or air vent. As recommended by Pattillo Associ- ates, the foundation should be designed with the structural capacity to bridge any weak zones. b. The Engineering Department can accept the proposed alignment of the utility lines (see attached map) , but would like to see a revegetation plan for the area of their excavation which would include the replanting of the existing Service Berry and Potentilla bushes. c. Roof drains should be installed on the west edge of the west sloping roof and the runoff should be diverted to drywells located far enough away from the edge of the slope to prevent a saturation problem on the hillside. 2 . Fire Marshal: Wayne Vandemark commented in a July 24, 1987 memorandum that he strongly suggests that a residential sprinkler system be incorporated in the design of this structure because it will be in a potential wild fire area. 3 . Water Department: In a letter dated July 9, 1987 Jim Markalunas verified that water pressure is sufficient at 8, 000 feet elevation and water can be provided to the Lot 7 building site. B. Staff Comments: The Planning Office has the following comments with regard to the 8040 Greenline review criteria: Criteria: (1) Whether there exists sufficient water pressure and other utilities to service the intended development. Response: Sufficient water pressure and other utilities (sewer, gas and electric) appear to exist to service the intended development. Location of the utilities will be discussed below regarding concern for disturbance of the terrain. Criteria: (2) The existence of adequate roads to insure fire protection, snow removal and road maintenance. 2 • • Response: Access to the house up the Smuggler Mountain Road should be adequate. The County committed to plow snow and maintain the road up to the driveway into the property. Even though the road is steep, fire protection can be provided according to the Fire Marshal. Regarding fire safety of the house, please note that the Fire Marshal suggests installation of a sprinkler system, however, it did not recommend that a sprinkler be required as part of this review. Criteria: The suitability of the site for development considering the slope, ground instability and possiblity of mud flow, rock falls and avalanche dangers. Response: One of the key concerns in developing Lot 7 is the potential for ground subsidence due to mining cavities. Following through with the private geotechnical recommenda- tions and the Engineering Department comments, the founda- tion should be designed by a qualified structural engineer to achieve the structural capacity to bridge any weak zones. No mud flow or avalanche dangers have been identified on the site. Criteria: (4) The affects of the development on the natural watershed, runoff, drainage, soil erosion and concequent effects on water pollution; and (7) whether the proposed grading will result in the least disturbance to the terrain, vegetation and natural land features. Response: With regard to disturbance of the terrain, we have identified the following concerns: (a) keeping the structure on the relatively flat bench and off the hillside, (b) run-off from the west facing roof that could channelize down the hillside, (c) trenching the utilities down the hillside and (d) revegetation of disturbed areas. We agree with the applicant that disturbance of the terrain is minimized by building on the flat bench area, contrasting with the development on the hillside of houses on Sunny Park North Lots 3 and 5. Treatment of runoff recommended by the Engineering Department should be incorporated in the building plans. Two utility trenches would come down the hillside, 2 1/2 ' wide and 3 ' wide respectively. The proposed utility ditch alignments are acceptable, in our opinion, if proper revegetation is accomplished. The applicant's commitment to backfill the ditches immediately, seeding with a mixture of natural vegetation and covering with hay should be imple- mented along with the suggestion by Engineering to trans- plant existing service berry and potentilla bushes to those 3 4 disturbed areas. Native vegetation, including aspen trees, should be replan- ted where disturbed around the house and along the western edge of the bench. Criteria: (5) The possible effects on air quality in the area and citywide. Response: Only one wood-burning device is proposed. This commitment will minimize air pollution impacts. Criteria: (6) The design and location of proposed structure and its compatibility with the terrain; (8) The placement and clustering of structures so as to minimize roads, cutting and grading, and increase the open space and preserve the mountain as a scenic resource; and (9) The reduction of building height and bulk to maintain the open character of the mountain. Response: The design of the house to be located on the bench, stepped back away from the edge of the hillside, and with rooflines mainly corresponding to the angles of the hillsides will reduce visual impacts and will be largely compatible with the terrain in our opinion. Perspective studies done by the applicant indicate that the proposed house should not be visible from most locations in Aspen; and it will be less visible than the Lots 3 and 5 houses on the same hillside. The applicant stated woodsiding and either a metal or shake roof will be used. We suggest that a shake roof would be more in keeping with the character of the mountain. We recommend earthtone colors of all building materials. RECOMMENDATION: The Planning Office recommends approval of the requested 8040 Greenline Review for building a single family house on Lot 7, Sunny Park North subject to the following conditions: 1. The building's foundation shall be designed by a qualified structural engineer following the recommendations of the geotech- nical reports submitted by Chen and Assoicaites, Banner and Associates and Pattillo Associates, and specifically having the structural capacity to bridge any weak zones. 2 . The house shall be constructed in the proposed location having woodsiding and either metal or shake roofing, all earthtoned in color. 3 . Roof drains shall be installed on the west edge of the west sloping roof and runoff shall be diverted to drywells located far 4 • • enough away from the edge of the slope to prevent a saturation problem on the hillside. The drywells shall be shown on the plans for building permit to the satisfaction of the Building Inspector and installed prior to issuance of certificate of occupancy. 4. Only one wood-burning device shall be installed. 5. . All utilities shall be undergrounded in two ditches 2 1/2 ' wide and 3 ' wide as indicated on the utilities plan. 6. Revegetation of the utility alignments and disturbed area around the house shall include reseeding with native grass mix, replanting of transplanted Service Berry and Potentilla bushes as possible, and scattered aspen trees along the western edge of the bench. 8040 5 . • \ AUG 1 2 1987 !/ MEMORANDUM ‘1� TO: Steve Burstein, Planning Office FROM: Jim Gibbard, Engineering Department .•'.� DATE: August 11, 1987 RE: Goldenson 8040 Greenline Review Having reviewed the above application and made a site inspection, the Engineering Department has the following comments: 1 . The Engineering Department would advise following the recom- mendations given in the geotechnical reports submitted by Chen and Associates, and by Banner and Associates and on the structural engineering report submitted by Pattillo Associates in regard to ground subsidence and as to whether or not development can be undertaken on this site. We . are concerned, however, that the northwest corner of the proposed building is located over a depression that was referred to in the Banner report as a possible capped mine shaft or air vent. In this case, we would agree with the recommendation by Pattillo Associates that the foundation should be designed with the structural capacity to bridge any weak zones. 2. The Engineering Department can accept the proposed alignment of the utility lines, but would like to see a revegetation plan for the area of their excavation which would include the replant- ing of the existing Service Berry and Potentilla bushes. 3 . Because the design of the roof of this building presents a large surface that would be impervious to runoff and is sloped down toward the top of a steep hillside, the Engineering Depart- ment is concerned that runoff produced by this roof may contri- bute considerably to the erosion of this hillside. We recommend that roof drains be installed on the west edge of this roof and that the runoff be diverted to drywells located far enough away the edge of the slope to prevent a saturation problem on , the hillside. jg/gold8040 cc: Jay Hammond Chuck Roth _ r © IE UWE "s\ MEMORANDUM JUL 4 1987 To: Steve Burstein, . P nning From: Wayne Vandemar , Fire Marshal Re: Goldenson 8040 Greenline Review Date: July 24, 1987 This proposed structure is within four minutes response time of the fire department. There is a fire hydrant near the lot. The fire department can service this area usually with no problem. I would strongly suggest that a residential sprinkler system be incorporated in the design of this structure because it will be in a potential wild fire area. • • 4 • b14- e<, CITYFkSPEN SPEN 13Oouth galena s€reet asp n col`off,a 81611 1Q'2O July 9 , 1987 Marvin and Barbara Goldenson 323 Teal Court Aspen, CO 81611 Re : Lot 7 Sunny Park Subdivision Dear Marvin and Barbara: As you requested, this letter is to verify that water is avail- able and water pressure is sufficient at 8 , 000 feet and can be provided to the above referenced property. Sincerely, )\A; 02S-:)V1\- Jim Markalunas Director, Aspen Water Department cc: Steve Burstein, Planning Department . „ . . ,- . •• 1 . _.: .. 'i,' I-. • .. .• ,. '. .. ::: .• .. ....:: '- :-••• ; "-.., -:",' , ;, -, :N... .,.,.. ..-,. ., 1 ----',- • ' ' -:. ',.:,... , , --„ I , . 1-; ' . '. - - '.'• . ' -'. --.':;;... : :.':,.. . . 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'4 ', i 1 Ls r' !' 51�'. �yc• .t / -WV.,a, y,'.A.ti ,,,..„. ..... ,. ,,y,. ..,rAt N a i,' iii � U R s t t '',,,'',t',"0 r� � l. kv1 ( t itip +�li t x p •,, � J i a 1 '1 r' � x n s . • • • • CITY • N 130 ,s'.outh."galena,,stree t aspen;;;;-`c`o`l:o r a d o `81611 163-925 .72020 LAND USE APPLICATION FORM DATE SUBMITTED July 9 , 1987 FEES $680 + $50 = $730 NAME Marvin and Barbara (oldenson ADDRESS 323 Teal Court Aspen , Colorado 81611 PHONE 925-4823 NAME OF PROJECT (oldenson Residence • PRESENT ZONING R-1 5 A LOT SIZT 15 ,191 Ft2 LOCATION Lot #7 Sunny Park North Subdivision , Aspen (indicate street address, lot and block number. May require legal description. A vicinity map is very useful.) CURRENT BUILD-OUT -0- sq. ft. -0- units PROPOSED BUILD-OUT 2700. sq. ft. 1 units DESCRIPTION OF EXISTING USES Vacant DESCRIPTION OF LAND USE PROPOSAL One r e s i d e n t i a l u n i t TYPE OF APPLICATION 8040 ;reenl i ne Review • - APPLICABLE CODE SECTION (S) 24-6 . 2 PLAT AMENDMENT REQUIRED YES • X NO DATE PRE-APPLICATION CONFERENCE COMPLETED Approximately 15 June , 1 9 8 7 ATTACHMENTS: 1. All applicants must supply Proof of Ownership in the form of a title insurance commitment or statement from an attorney indicating that he/she has researched the title and verifies that the applicant is the owner of the property (free of liens and eucumbrances. ) 2. If the process requires a public hearing, a Property Owner's List must be supplied which gives all owners within 300 feet in all directions in some cases and. adjacent owners in some cases. 3. Number of copies required (by code and/or in pre-application conference.) 4. Plat by Registered Surveyor Yes X No • --�� -J • • Exkibi - B. The prinlyd purliun,of Ibis furor appru viii I,i the • 1'ulurad.,Itral t:alale l'ummission 1St !G-:-,�1 - THIS IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD,LEGAL,TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. VACANT LAND CONTRACT TO BUY AND SELL REAL ESTATE (Sellers remedy limited to Liquidated Damages) June 4 — y 19 87 1. The undersigned.IL;ent hereby acknowledges hii ing received from __MARVIN GGLDENSON and • -- BARBARA GOLDENSON the sum of i_ 1,000.00 ,in the form of__ personal • check-__ to be held by Pitkin County Title Company broker, in broker's escrow or trustee account, as earnest money and part payment for the following described real estate in the_ Ci}l.y of Aspen .County of Pitkin • • ,.Colorado,to wit: Lot 7, Sunny Park North Subdivision, City of Aspen, County of Pitkin, State of Colorado, according to the plat- thereof filed for record with the Pitkin County Clerk and Recorder. together with all easements and rights of way appurtenant thereto, all improvements thereon and all fixtures of a permanent nature currently on the premises except as hereinafter provided, in their present condition, ordinary . wear and tear excepted,and hereinafter called the Property. 2. Subject to the provisions of paragraph 17,the undersigned person(s) _MARVIILGOLDE.NS_0N dlid BARB ARA._C0LD (as joint tenantsl ),hereinafter called Purchaser,hereby agrees to buy the Property,and the undersigned owner(s),hereinafter called Seller,hereby agrees to sell the Property upon the terms and conditions stated herein. 3. The purchase price shall be U.S.$111,261.00 ,payable as follows:$i40.OALfO—hereby receipted for; The balance of $112,260.00 payable in certified funds at Closing. • a. Price to include: See Addendum attached hereto and incorporated herein by this reference. and the following water rights: any and all water and water rights, ditches and ditch rights, wells and well rights, spring and spring rights.appurtenant to or used on or in connection therewith. 5. If a new loan into he obtained by Purchaser from a third party,Purchaser agrees to promptly and diligently(a) . apply for'such loan,(b)execute all documents and furnish all information and documents required,by the lender,and (c)pay the customary costs of obtaining such loan.Then if such loan is not approved on or before * 1p. ,or if so approved but is not available at time of closing,this contract shall be null and void and all payments and things of value received hereunder shall be returned to Purchaser. • • • . • , • • • ,yam.... required and agrees to pay(1)a loan transfer fee not to exceed$ - ' • - . n interest rate not to exceed %per annum.If the loan to be assumed has pri or a shared equity or variable interest rates or variable payments, this contract is conditio I urchaser reviewing and consenting to such provisions. If the lender's consent to a loan :I • on is required,this contract is conditioned upon obtaining such consent without change in tho . and conditions of such loan except as herein provided. 7. If a n.. e niatle payable to Seller as partial or full payment of the purchase price,this contract shall not ('ost of any appraisal for loan purlinses to be obtained after this date shall he paid by Purchaser. * Sixty (60) days from date contract is accepted by Seller. Ni,.• `+(':li-2-�) mutt rl lu llnv and•■ll 16,1 1:.1.11r I C:haul Land! I"*+, Hlad■,rd IhH,li,hine.)N_i w.hih.l,•..I ;Lo t.,1."1 1'1)HIP 11__Ilul,'il-h4llll—i.Xh fI • • 9. A• • • •• _ . _, current commitment for title insurance policy in an amount equal to the purchase price, at Seller's —a+nd expense, shall be.furnished to Purchaser on or before September 19 87. • ,Seller will deliver the title insurance policy to Purchaser after closing and pay the,premium thereon. 10. The date of closing shall be the date for delivery of deed as provided in paragraph 11. The hour and place of closing shall he as designated by agreement of the parties 11. Title shall be merchantable in Seller,except as stated:in this paragraph and in paragraphs 12 and 13. Subject to payment or tender as above provided and compliance by Purchaser with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient • general warranty deed to Purchaser on • • • _ , 19 87 ,or, by mutual agreement,at an earlier date,conveying the Property free and clear of all taxes,except the general taxes for the year of closing,and Lxe pt free and clear of all liens for special improvements installed as of the date of Purchaser's'signature hereon,whether assessed or not;free and clear of all liens and encumbrances except reservations and exceptions as contained in U.S. Patent recorded in Book 180 at Page 455, except the following-restrictive covenants which do not contain a right of reverter: those of record for the Sunny Park North Subdivision and except the following specific recorded and/or aj easements: none and subject to building and zoning regulations. • 12. Except as stated in paragraphs 11 and 13,if title is not merchantable and written notice of defect(s)is given by Purchaser or Purchaser's agent to Seller or Seller's agent on or before date of closing, Seller shall use reasonable effort to correct said defect(s) prior to date of closing. If Seller is unable to correct said defect(s)on or before date of closing, at Seller's option and upon written notice to Purchaser or Purchaser's agent on or before date of closing,the date of closing shall be extended thirty days for the purpose of correcting said defect(s).Except as stated in paragraph 13,if title is not rendered merchantable as provided in this paragraph 12,at Purchaser's option,this contract shall be i void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. . 13. Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this transaction or from any other source. Provided, however, at the option of either party, if the total indebtedness secured by liens on the Property exceeds the purchase price,this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all.payments and things of value received hereunder shall be returned to Purchaser. 14. General taxes for the year of closing,based on the most recent levy and the most recent assessment,prepaid rents,water rents,sewer rents, . . • shall be apportioned to date of delivery of deed. 15. Possession of the Property shall be delivered to Purchaser on Closing subject to the following leases or tenancies: none 16. In the event the Property is substantially damaged by fire, flood or other casualty between the date of this 1 contract and the date of delivery of deed,Purchaser may elect to terminate this contract; in which case all payments and things of value received hereunder shall be returned to Purchaser. 17. Time is of the essence hereof.If any note or check received as earnest money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed as • herein provided,there shall be the following remedies: • (a) IF PURCHASER IS IN DEFAULT, then all payments and things of value received hereunder shall be forfeited by Purchaser and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and • (except as provided in subparagraph (c)) are the SELLER'S SOLE AND ONLY REMEDY for the Purchaser's failure to perform the obligations of this contract. Seller expressly waives the remedies of specific performance and additional damages. (b) IF SELLER IS IN DEFAULT,(1)Purchaser may elect to treat this contract as terminated,in which case all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover • • such damages as may be proper,or(2)Purchaser may elect to treat this contract as being in full force and effect and Purchaser shall have the right to an action for specific performance or damages,or both. (c) Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this contract,the court may award to the prevailing party all reasonable costs and e. c e inc din itt n s'fee MOH n tour tyh �`i e eo./ 18. Purchaser and Seller agree that,in the event of am•controversy regarding le earnest money e d by br'Jl:cr. escai/ ro;c1 is Fn Q b agent' unless mutual written instruction is r.ceivet y ru:ci sha no be r lured-to take-any action but may await any proceeding,or ag crowaRtntapd discretion,may interplead any.moneys or things of value into court and may recover court costs and reasonable attorneys'fees. • • • • 19. Additional provisions: See Addendum attached hereto and incorporated herein by this reference. • • 20. If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before , 19 87 , this instrument shall become a contract between Seller and Purchaser and shall . inur o the benefit of the heirs,successors and as. ns of such parties,except as stated in paragraph 7. • �jt/a �. �7 Broker �I" arvin Benson :,/ P n • iu��'d�'s,'' Barbara Goldenson _ F 'we Purchaser's Address 3 _Tr ,L_ s —� it (The following section to be completed by Seller and Listing Agent) • 21. Seller accepts the above proposal this day of _ ,19 ,and agrees to pay a commission of _ '!o of the purchase price for services in this transaction,•and agrees that,in the event of forfeiture of payments and things of'value received hereunder, such payments and things of value shall be divided between listing broker and Seller, one-half thereof to said broker,but not to exceed the commission, and the balance to Seller. Pitkin ,County Board of County Commissioners • Seller's Address 506 East Main Street, Aspen, Colorado 81611 • �I • Listing Broker's Name and Address i i . ;I • • • • • • . ii S ADDENDUM TO CONTRACT TO BUY AND SELL REAL ESTATE This addendum to that certain Contract to Buy and Sell Real Estate dated January 7 , 1987 , by and between the Pitkin County Board of County Commissioners ( "Seller" ) and Marvin Goldenson and Barbara Goldenson ( "Purchaser") is attached hereto, and all of the terms and conditions hereinafter set forth are incorporated therein: -. 1. Seller represents and warrants to Purchaser that: A. Seller is and shall continue to be responsible for the maintenance of the road leading to the Property and the 30-foot easement from said road to the Property which maintenance shall include without limitations snow removal as and when necessary to provide access to the lot. Said maintenance and snow removal shall, at a minimum, be equal to the level of maintenance and snow removal provided to other roads in the area. B. This Contract is contingent upon the parties hereto obtaining a geologic and engineering report demonstrat- ing that a single family residence of approximately 3,000 square feet can be constructed on the property. C. This Contract is contingent upon the Purchaser obtain- ing approval roval from the City of Aspen Colorado, pursuant to Section 24-6 .2 of the City of Aspen Municipal Code (" 8040 Greenline Review") , as well as any other land use approvals required by the City. 2. The following are conditions precedent to Purchaser ' s obligations under this Contract. In the event that any or all of the following conditions cannot be satisfied prior to the date set for closing, Purchaser shall have the option to waive any one or more of the conditions or to refuse to close, whereupon the earnest money will be refunded to Purchaser and the parties shall be relieved of any further obligations under the Contract. A. Purchaser shall have been able to obtain. a conventional loan secured by the Property in an amount of not less than 75% of the full purchase price with an interest rate not to exceed 10% per annum and loan fees not to exceed 2% , and which loan shall be payable in equal monthly installments amortized over a period of not less than five years. B. Purchaser shall have obtained approval from the City of Aspen under Section 24-6 .2 of the Aspen Municipal Code ( " 8040 Greenline Review") , for the construction of a single family residence in a location on the Property to be specifically determined by the Purchaser, but to generally located on the upper flat bench on the Property. 3 . The representations and warranties by Seller herein are true as of the date hereof, will be true as of the date of closing, and shall survive the closing and shall not be merged thereby. addendum. gold. cont. ts • • 8040 r,REENLINE REVIEW CITY OF ASPEN July 9', 1987 (OLDENSON RESIDENCE LOT #7 SUNNY PARK NORTH SUB ' D . ASPEN , COLO . • II! Page 2 This application for approval of a residence on Lot #7 , Sunny Park North Sub ' d . is being submitted pursuant to the 8040 ,reenline Review ( 24-6 . 2 ) . The following addresses the specific issues raised by the code . 1 . It has been determined through the City !later Dept . that sufficient water pressure does indeed exist for this lot and building envelope . ( see Exhibit A) It has been verbally determined through the Aspen Consol - idated Sanitation Dept . that it is possible to hook up to the city sewer system located west of the property boundry . It has been verbally determined through Holy Cross Elec- tric Company that it is possible to supply power to this lot . 2 . The4-City of Aspen has agreed to provide snowplow service and general maintenance service on the Smuggler Mountain Road . ( Exhibit B ) The city fire marshall has confirmed verbally that adequate fire protection is available . 3 . The building envelope ( see Exhibit C ) is very suitable for development in that it is very flat as opposed to other lots in the neighborhood . The Subsoil Study by Chen & Associates of 30 December 1986 ( Exhibit D) and the ;eotechnical Report on subsidence probability and development potential of Lot #7 ( see Exhibit E ) point out no unusual soil conditions on this lot . Exhibit E states as its conclusion "Based on Aspen . " A feasability study by our own structural engineer , Platillo & Associates ( Exhibit F) clearly points out the lack of problems concerning development as regards soils and drainage . The possibilities of mud flow , rock fall and avalanche danger are virtually non-exis- tant . 4 . The proposed development will have very minimal impact on soil erosion , runoff etc . This is due to the flat nature of the building envelope , the fact that it does not lie in a natural drainage , and the fact that the building itself will need no drainage requirements other than those accepted as standard proceedure for this area ( i . e . standard footer drains and positive drainage away from the building ) . • Page 3 The utilities will run from the building envelope in a westerly direction to the property line . Precaution will be taken to minimize disruption to the natural vegetation on this slope . Backfilling and reseeding will commence immediately upon completion of the back- filling and will proceed as follows : carefully grade disturbed areas , seed with native grass mix , cover with layer of hay . 5 . The proposed structure contains only one wood burning device and this will add less air pollution than many existing residences . 6 . There will be no new road cuts caused by this develop- ment . Access to the garage will require only a 20 ' driveway constructed at present grade . The design and location of the proposed structure has been designed to be compatible with the terrain as explained below . 7 . The proposed grading around the finished structure will return the grade to very near its natural state . At no place within or around the structure will there be a retaining situation of more than approximately 4 feet . ( see Exhibits C and G) 8 . The placement of the structure `results in no additional roads and very minimal cutting and grading around the house . This is again due to the flat nature of the building envelope which avoids the steeper portions of the western portions of the lot . 9 . The height and bulk of the building are both well below standards set by the city . The highest roof line is approximately four feet below the 25 ft4 limit . The total square footage requested ( 2700 Ft + garage) is significantly less than the 4506 Ft2 allowed by code . Furthermore , the roof planes have been designed to blend with the hillside . Eaves are kept low and roof . pitches run parallel to the hillside on the west . It should be emphasized that the building will be built on a flat bench and will be a great deal less prominent than other buildings on this slope . ( see Exhibits H , I & J ) 4 EXHIBITS A. Water Dept . letter B . Contract of lot with City of Aspen C . Site Plan with building envelope D . Chen & Associates Study E . Geotechnical Report by Banner & Associates F. Patillo letter G . Survey H. Elevation Drawings I . Photo Montage J . Photo of Model X/V/67 Rto 00'Pi %Now Hoyd v..c - 7tus /s try mitiyo o f toe*noa. TINRy MIg.ri r- pzoposso tawrR-s o f LJrih tTES VR%; IN s flu n qUto� N ter. Ti+� � nt� L. wf Lt DJ STU/z/3 )44714--114 �-c u--tit "fr+wAv I�J�p rv*N t o Ar ® �p Foil Fr,L7' ,'o Tlf� SRCvf/L ARP' 131 fivab *'Z f ao* 41014* tr Rlf A.N,o mit/i. at/re a-Ai/3 S /1P�2 tz�o, T y �� �� � ��������R £ A s it 7 . t 11'N hie/t,0/li-taCo g/i'j N .6(.4 /,(/5/74Lt m-trU.v 1 51fA-,00-0 `e 4o/7U A- frthc f1/21_ Ore Am-m2!i-L tilreipz'79 tzo,v c:pra m ig 4. ,1-/i ,4- M-/LoUA-/J 7-thr f34/JGD/.M5 44 1 L /31£. 52�0ic4 A-S IN VIZ Si M- ptA-N, Dms© Nii �1 rg; K� PL��`1ti� Gv1LL cc vs OF oNG� J ti/atr1/4 5p C/05 00.. /4-5000.41) o F -rn-11Es. AUG - 31987 J f w I U. /fa¢u p /.4-pi r nd,vA L p14r fa s /-o it_ yev oAi- rnaNAA-cy. -rig fii c.. 1F- yol✓ N/G1W /4Nv tin J-7 Ft//Z tr/r/t . 1 a --7 1 — 15'44. 7"114140711b' 11 I: .ftirli ... '' ---_,i ...411■.”... . 1 141 I 1 P fitiCi. . rx_ . ...... i , Fr,,_• --- -- -.....-....,_......u,w.. .... ...1,.-- 11 V.411 .. - r.• I . • , "1111WilW Illik,.140,,, . - 4%1 r . .. . . i ....7- r _ --....r. vas -,, 11, • 1 . . -- •c -. ,...- NS ,N. ''''. •- '' '•- ',..'1',''' 'fFc-Nrs..71,,,7t. ..; :.,. , :-,.. 'Li N. . ....4`,,.;,. '.,,, , • ', 1. " ji ova N :,-. ' - '-- •,-. . .- ... ,..,.... _ - ,...- ."' Ill -;;:it -- ,. ''' r 'l'itlpilr 4; I — is to 411111 OW% I''''llirelli.h■ '', - ' • -..vaiiiiii10110011.17' - '' "_-- CAS E D IS POS IT ION: '-' •. - Reviewed by: As P&Z :City Counc1 �7 .�.v{ '`. Uti /� /,,'1� ( r4, ;�•d". Ii ..w.(...1�'. , '� i_t' I7. 41_ '�" I-/r ,k, ( LY :� ✓.CI t/ A �7l � •.�1: .,(... i •L M.: '//`L� r% `fNy�� .,,t,?Kc'l v ( IJ _ 7 � Luj i � . — 1) A subdivision exception plat shall be submitted conforming to the requirements of Section 20-15 and — specifically including information requested by the Engineering Department in the August 17, 1985 memoran- - dum. — 2) A statement of subdivision exception shall be filed . with the City Attorney prior to recordation of plat. 3) The applicant shall submit a specific building envelope . — proposal as part of the application for the Greenline review, and shall submit information regarding the impacts of proposed development on the slope vegeta- tion, drainage, and other environmental issues suf- - ficient in detail to conduct the 8040 Greenline Review, pursuant to Section 24-6.2 . 4) The applicant shall work with the Fire Marshall to - determine if a fire hydrant is necessary on the western lot line near the access road, and shall provide a fire - hydrant if it is deemed necessary. The matter shall be resolved prior to approval of the 8040 Greenline Review. ( ( ' -)) /Th( ubn4tted plat will include language which indi ■�-� cat.es l t t the parcel subtracted from Lot 7 is dedica- fe te,Aa t the City for public right-of-way. c:i;ri.ihbzlrw . 6) 8040 Greenline Review for Lot 7 will include an additional subsurface investigation made on the site of development to evaluate the risk of subsidence due to underground mining, pursuant to recommendation made by • Chen and Associates in "Subsoil Study and Underground _- Mine Works Review: Proposed Residence Lot 7 , Sunny Park North, " December 30, 1986. 7) The applicant shall state within the statement of subdivision exception agreement to join any improvement districts created in the future that encompasses this . property. " _ _— 5) The submitted plat shall include a stater�ient that the parcel subtracted from the lot will be dedicated as a right of way for the use and enjoyment of the public and that the applicant shall unconditionally and unequivocally give an option to the City to accept the parcel as a dedicated street . This agreement shall also be stated in the :=statement of Subdivision Exception. r sb. sp1 7 l ; . 4 i, • .;-.0 ,q4:. CITY„,bilftt SP EN 13 0 Vtj 1�o f FN, ' * re e t as "° ,,s 1 1. ;'1611 P tin `�=1 !;)��, `;1. I July 9, 1987 Marvin and Barbara Goldenson 323 Teal Court Aspen, CO 81611 Re : Lot 7 Sunny Park Subdivision Dear Marvin and Barbara: As you requested, this letter is to verify that water is avail- able and water pressure is sufficient at 8, 000 feet and can be provided to the above referenced property. Sincerely, :")\A) r , Jim Markalunas Director, Aspen Water Department cc: Steve Burstein, Planning Department , 7/c1/c7 �7r�•f L. ENaosri is 174-E 904-0 �v fo/Z quoapso, Lot Si ul-,z 17 gaoto5IcA-L. 12gPo21S A-42-E. So t. in - 1 0„)1211,4-01-1/1Z. f rL0 O Alf�.� CJIU, CU v , Pv. (Spew more_ / tir)upc/L). (2A c;(.um2rz(i Sc uc.a 1 A-D-2 (m-( ,t cop(tS o/- 77-#1Zrur. Y6° /Jag° ma2lt, our-- us k,voc..,, G✓!L lio,'g 70 /3 j)L/3 7`l1'L S i A-LC, /WE Gioaco /-I "-ex-(G4-nE i 7- IF Y06/ CdiitL Vair/) tt s o.M 11-5 c.a/4- a 514-S c l F Yaw N ° o rtrick, FU/Lttfit . • hi'1 • The printedportion.ofIhisformapproredIi the ( Jorado I(ral lslaleI,,minis.inn F1'5-_-s11 THIS IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD,LEGAL,TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. VACANT LAND CONTRACT TO BUY AND SELL REAL ESTATE (Seller's remedy limited to Liquidated Damages) . June 4 - — --�— - — 19 87 I. The undersigned agent hereby acknowledges having•received from MARVIN GOLDENSON and BARBARA GOLDENSON the sum of$ 1,000.00 ,in the form of-__personal check to be held by Pitkin County Title Company__ broker, in broker's escrow or trustee account, as earnest money and part payment for the following described real estate in the City of Aspen County of Pitkin ,Colorado,to wit: • Lot 7, Sunny Park North Subdivision, City of Aspen, County of Pitkin, State of Colorado, according to the plat thereof filed for record with the Pitkin County Clerk and Recorder. • • together with all easements and rights of way appurtenant thereto, all improvements thereon and all fixtures of a permanent nature currently on the premises except as hereinafter provided, in their present condition, ordinary wear and tear excepted,and hereinafter called the Property. 2. Subject to the provisions of paragraph 17,the undersigned person(s) MARVIN GOLDENISON and BARBARA GOLDENSON (as joint tenants/ ),hereinafter called Purchaser,hereby agrees to buy the Property,and the undersigned owner(s),hereinafter called Seller,hereby agrees • to sell the Property upon the terms and conditions stated herein. 3. The purchase price shall be U.S.$111,2.60._00 • ,payable as follows:$1„000.0 hereby receipted for; • The balance of $112,260.00 payable in certified funds at Closing. • • • 4. Price to include: See Addendum attached hereto and incorporated herein by this reference. • j and the following water right: any and all water and water rights , ditches and ditch rights, wells and well rights, spring and spring rights appurtenant to or used on or in connection therewith. it 5. If a new loan is to be obtained by Purchaser from a third party,Purchaser agrees to promptly and diligently(a) • apply for such loan,(b)execute all documents and furnish all information and documents required by the lender,and•i (c)pay the customary costs of obtaining such loan.Then if such loan is not approved on or before * 19 ,or if so approved but is not available at time of closing,this contract shall be null and void and all payments and things of value received hereunder shall be returned to Purchaser. required and agrees to pay(1)a loan transfer fee not to exceed$ • _ . n interest rate not to exceed %per annum. If the loan to be assumed has pro _ or a shared equity or variable interest rates or variable payments, this contract is conditio r ''urchaser reviewing and consenting to such provisions. If the lender's consent to a loan a-• on is required,this contract is conditioned upon obtaining such consent without change in th . and conditions of such loan except as herein provided: 7. If a no ie made payable to Seller as partial or full payment of the purchase price,this contract shall not 8. Cost(daily appraisal for loan purposes to be obtained after this date shall be paid by Purchaser. • * Sixty (60) days from date contract is accepted by Seller. ('onlrarl to Ituv and Sell Real Eaatr 1\'arani Land) • Itradltrd ruhliOhinp.51i23 W.nth Ave..I.akew,rod.t o 1111214--13(13,233.69UI1—i-g1 L • • • 9. A• • .. , . current commitment for title insurance policy in an amount equal to the purchase price, at Seller's option and expense, shall be furnished to Purchaser on or before • September ,19 87. -- .. . . . • Seller will deliver the title insurance policy to Purchaser after closing and pay the premium thereon. 10. The date of closing shall be the date for delivery of deed as provided in paragraph 11. The hour and place of closing shall be as designated by agreement of the parties • ' 11. Title shall be merchantable in Seller,except as stated;in this paragraph and in paragraphs 12 and 13. Subject to payment or tender as above provided and compliance by Purchaser with the other terms and provisions hereof, 11 Seller shall execute and deliver a good and sufficient • general warranty deed to Purchaser on •i 1 , 19 87 ,or,by mutual agreement,at an earlier date,conveying the Property free and i I I clear of all taxes,except the general taxes for the year of closing,and except _ 1 I. i free and clear of all liens for special improvements installed as of the date of Purchaser's signature hereon,whether 1 I assessed or not;free and clear of all liens and encumbrances except reservations and exceptions as ' H contained in U.S. Patent recorded in Book 180 at Page 455. i 1 except the following restrictive covenants which do not contain a right of reverter: those of record for the II,1 Sunny Park North Subdivision ! II and except the following specific recorded easements: none 1 j II 11 1 . ,! . . !! � and subject to building and zoning regulations. 11 t1 12. Except as stated in paragraphs 11 and 13,if title is not merchantable and written notice of defect(s)is given by Purchaser or Purchaser's agent to Seller or Seller's agent on or before date of closing, Seller shall use reasonable ;■ effort to correct said defect(s)prior.to date of closing. If Seller isunable to correct said defect(s)on or before date of 11 i closing,at Seller's Option and upon written notice to Purchaser or Purchaser's agent on or before date of closing,the i i date of closing shall be extended thirty days for the purpose of correcting said defect(s).Except as stated in paragraph f 13,if title is not rendered merchantable as provided in this paragraph 12,at Purchaser's option,this contract shall be 1 void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and II 'i things of value received hereunder shall be returned to Purchaser. II 13. Any encumbrance required to be paid may be � y q p y paid at the time of settlement from the proceeds of this 11 Itransaction or from any other source. Provided, however, at the option of either party, if the total indebtedness secured by liens on the Property exceeds the purchase price,this contract shall be void and of no effect and each party I hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall jbe returned to Purchaser. . 14. General taxes for the year of closing,based on the most recent levy and the most recent assessment, prepaid i• I1 rents,water rents,sewer rents,FIIA met tg«g,insurance premium°and intcrcot on encumbrance°,if any,and Ishall be apportioned to date of delivery of deed. 15. Possession of the Property shall be delivered to Purchaser on Closing 'I subject to the following leases or tenancies: none i ii it 16. In the event the Property is substantially damaged by fire, flood or other casualty between the date of this 1 contract and the date of delivery of deed,Purchaser may elect to terminate this contract;in which case all payments 11 and things of value received hereunder shall be returned to Purchaser. i I 1 j 17. Time is of the essence hereof.If any note or check received as earnest money hereunder or any other payment 1 11 due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed as 1 I herein provided,there shall be the following remedies: 1; (a) IF PURCHASER IS IN DEFAULT,then all payments and things of value received hereunder shall be forfeited by Purchaser and retained on behalf of Seller and both parties shall thereafter be released from all 1 obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and II (except as provided in subparagraph'(c)) are the SELLER'S SOLE AND ONLY REMEDY for the Purchaser's I 1failure to perform the obligations of this contract. Seller expressly waives the remedies of specific performance j and additional damages. .. . 11 H (b) IF SELLER IS IN DEFAULT,(1)Purchaser may elect to treat this contract as terminated,in which case 11 all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover 1I such damages as may be proper,or(2)Purchaser may elect to treat this contract as being in full force and effect 11 11 and Purchaser shall have the right to an action for specific performance or damages,or both. . I1 (c) Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this I i contract,the court may award to the prevailing party all reasonable costs and emDense.incLuding.attar ng y;s'feea. 18. Purchaser and Seller agree that,in the event of any controversy regardin t le earnest money e d by )i• set% !I c c /oh1t� elfr w� agaent ;1 unless mutual written instruction is receive y :•o:ct spa no e refjuu•ed to take-any action but may await i; ppggcrow, a nt s any proceeding,or a�t�l��o��on and discretion,may interplead any moneys or things of value into court and may I 11 recover court costs and reasonable attorneys'fees. 1. I 1I . Ij it •1 • • 19. Additional provisions: See Addendum attached hereto and incorporated herein by this reference. • • !i Ii i li i I it i; I� . II•II � li 20. If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before I! _ , 19 87 ,this instrument shall become a contract between Seller and Purchaser and shall inur• o the benefit of the heirs,successors and assyis.ns of such parties,except as stated in paragraph 7. / l'/``4 JI La4Ad4♦ A /Y_1_ .4t1 .1 .1a. • 7 Broker Per base' 'arvin ' • Benson Da ' I I ate I it II Purchaser Barbara Goldenson By: !, i , 11 323 i 6P/‘// I Purchaser's Address.�� t • .. ii i t,I (The following section to be completed by Seller and Listing Agent) 1 21. Seller accepts the above proposal this day of _- ,19 ,and agrees I I to pay a commission of %of the purchase price for services in this transaction,and agrees that,in the event of forfeiture of payments and things of value received hereunder,such payments and things of value shall be I divided between listing broker and Seller,one-half thereof to said broker,but not to exceed the commission, and the �I 11 balance to Seller. !I Pitkin County Board of County Commissioners II i t Seller Seller II Seller's Address 506 East Main Street, Aspen, Colorado 81611 Listing Broker's Name and Address . I I II I •. 1 I II I! II II I 1 I I I . it 11 it l II ! j' I• II I . • • ADDENDUM TO CONTRACT TO BUY AND SELL REAL ESTATE This addendum to that certain Contract to Buy and Sell Real Estate dated January 7 , 1987 , by and between the Pitkin County Board of County Commissioners ( "Seller" ) and Marvin Goldenson and Barbara Goldenson ( "Purchaser") is attached hereto, and all of the terms and conditions hereinafter set forth are incorporated therein: - 1. Seller represents and warrants to Purchaser that: A. Seller is and shall continue to be responsible for the maintenance of the road leading to the Property and the 30-foot easement from said road to the Property which maintenance shall include without limitations snow removal as and when necessary to provide access to the lot. Said maintenance and snow removal shall, at a minimum, be equal to the level of maintenance and snow removal provided to other roads in the area. B. This Contract is contingent upon the parties hereto obtaining a geologic and engineering report demonstrat- ing that a single family residence of approximately 3 ,000 square feet can be constructed on the property. C. This Contract is contingent upon the Purchaser obtain- ing approval from the City of Aspens-` Colorado, pursuant to Section 24-6 .2 of the City of Aspen Municipal Code (" 8040 Greenline Review") , as well as any other land use approvals required by the City. 2 . The following are conditions precedent to Purchaser ' s obligations under this Contract. In the event that any or all of the following conditions cannot be satisfied prior to the date set for closing, Purchaser shall have the option to waive any one or more of the conditions or to refuse to close, whereupon the earnest money will be refunded to Purchaser and the parties shall be relieved of any further obligations under the Contract. A. Purchaser shall have been able to obtain.a conventional loan secured by the Property in an amount of not less than 75% of the full purchase price with an interest rate not to exceed 10% per annum and loan fees not to exceed 2% , and which loan shall be payable in equal monthly installments amortized over a period of not less than five years. B. Purchaser shall have obtained approval from the City of Aspen under Section 24-6 .2 of the Aspen Municipal Code ( " 8040 Greenline Review") , for the construction of a single family residence in a location on the Property to be specifically determined by the Purchaser, but to generally located on the upper flat bench on the Property. 3 . The representations and warranties by Seller herein are true as of the date hereof, will be true as of the date of closing, and shall survive the closing and shall not be merged thereby. addendum. gold. cont. is oNc J J J J J I 1 J J 1 ail BANNER BANNER ASSOCIATES, INC. • CONSULTING ENGINEERS & ARCHITECTS 2777 CROSSROADS BOULEVARD • GRAND JUNCTION, CO 81506 • (303) 243-2242 Il_ t._ . . 6 i May 13 , 1987 I GEOTECHNICAL REPORT ON SUBSIDENCE PROBABILITY AND DEVELOPMENT POTENTIAL OF LOT 7 , SUNNY SIDE SUBDIVISION, ASPEN, COLORADO • I I Submitted by: � . l.‘y Nicholas Lampiris,' • I • •1 INTRODUCTION 1 The purpose of this study was to determine whether there was a suitable building site in the upper portion of Lot 7 which was not subject to subsidence problems or, if there was a small chance of subsidence problems, how these could be mitigated by special design or other techniques. The literature included the Resource Engineering geotechnical report for Centennial which 1 dealt with some problems to the north. of this site, the Western Engineers geotechnical report on Lots 3 and 5 to the south of Lot 7 , the geologic field study by Dr. Nicholas Lampiris on Lots 3 and 5 , and the preliminary soils investigation by Chen & Associates on Lot 7. In addition, aerial photographs and geologic mapping of the area in general were studied. There are two sink-like depressions, although quite small, on or directly adjacent to Lot 7 , so it was decided that a drilling program would be cost effective to determine with maximum surety .1 that the lot would be developable for a typical single family dwelling of 3000 square feet or less. The drilling program was open-ended and was directed by Dr. Lampiris in the field as data °' became available through the drilling. A total of three holes were drilled either within or just out of the proposed building footprint (see accompanying location map) . GEOLOGY The geology at the site consists of the Quaternary age moraine deposits which contain silts, sands, cobbles and boulders in an unstratified and unsorted manner deposited directly upon, in this area, Precambrian quartz monzonite and Paleozoic units such as the Beldon Shale, and Leadville Limestone. Just as on Aspen Mountain, the Smuggler Mountain area is complexly faulted with normal and reverse faults , making it very difficult to predict without drilling what units are in the subsurface (see copy of the geologic map by Bryant, 1972). Obviously, since Aspen was an historic silver mining town, silver and other metals such as lead, copper and zinc were taken from the ground in this area as evidenced by many of the mine workings on the Smuggler Mountain hillside. The Molly Gibson mine had at least two shafts, one of which, it is presumed, is near, if not on, Lot 7 ; however, that is not clear in my mind because the small depression near drill hole #3 does not seem extensive enough to have been a entry shaft to the Molly Gibson mine. It may , however , have been an air vent for some underground workings. of .I • . HISTORICAL DATA .I The Western Engineers , Resource Engineering and Chen reports discuss the general mining history of this area and deal to some I extent with the mining history in and around Lot 7. Their data comes from existing maps and also from conversations with Steffen Albouy, a local miner with claims in this area of Smuggler Mountain. Their general conclusions can be seen in detail either _1 in the previously mentioned recent reports or by studying the geologic and mining history. In summary, they conclude that =� there are no near surface tunnels in this area , and that geophysical methods employed by Western Engineers in and around this area indicate that there is only the potential for one tunnel in this area. It would be near the base of the hill at � the west end of Lot 7, not affecting the potential building site. There are apparently no historic maps that show tunneling directly under the site, although it is possible that at great =1 depth some unmapped tunnels or drifts may have crossed in the direction of Lot 7. Once again, the purpose of the drilling program was to determine whether there are any significant tunnels, stopes, or other voids within a reasonable distance 1i below the proposed building footprint. -1 DRILLING PROGRAM -1 The Sheldon Drilling Company was engaged by the County to work under our supervision to drill the necessary holes to determine whether the site was suitable for the development of a single family dwelling. Three holes were drilled. Hole #1 attained a 1 total depth of 120 feet (see driller's letter). The overburden at the site was approximately 20 feet thick, followed by what appeared to be 50 feet of weathered granite with the remaining 60 .1 feet in solid granitic rock. No voids were entered. Drill hole #2 went to a total depth of 115 feet with very similar =� results except that a few feet of black shale, presumably the Beldon Formation of Mississippian age, was entered at the base of the hole. This is an unusual situation, meaning that Precambrian age granite has been faulted over much younger age shale. _1 Another interpretation is that granitic bedrock was never actually entered and that the driller was picking up a very thick and compact sequence of boulders which appeared to be granite -I bedrock. This is not likely in the driller's opinion. Granitic boulders and the accompanying sands and cobbles of a glacial deposit drill much differently than granitic bedrock. It should oI be pointed out the terms granite and granitic are loosely used in this report for the actual rock which is called a quartz monzonite. It contains lower percentages of the black, mafic minerals such as hornblende and biotite. Again, no voids were -I encountered. • _� • • .1 A At this point, we felt fairly comfortable that there were no significant voids within a reasonable distance below the proposed 1 building site, but we were still concerned with the presumed sinkhole as shown on the accompanying map. Therefore , a drill hole was put down very close, if not actually on, the edge of the depression to see if it was a plugged air shaft or merely an old � prospect pit. The drilling proceeded 40 feet in what was either granitic rubble or weathered granite bedrock. The most likely explanation is that there was initially granitic rubble filling 1 up some depression, and then the granite bedrock was entered. There was no evidence at this site of any voids , although it still must remain a possibility. For this reason, we feel it is 1 important that the County require a cement plug to fill this depression in the unlikely event that it is a capped air vent or shaft. Develop meant should not be allowed in the immediate vicinity 9f _) $ egture. EVALUATION OF SUBSIDENCE POTENTIAL There are several scenarios which must be evaluated: il 1. That no voids were entered, and that none exist between or adjacent to any of the drill holes , and that further, there are no significant voids within 100 feet of the base of the two deep drill holes which were put down. This is the best case scenario in which there are no restrictions to development at the surface as planned. / 2. Drill holes encountered no voids but tunnels may exist between or adjacent to the drill holes which would be on the order of 8 X 10 feet in cross section. This is an acceptable _i situation which will be shown to be safe by another look at the historical data and by rock strength calculations based on the presence of one or two tunnels or drifts beneath the site. 3. There are no tunnels within the depth drilled in the first two holes , but there may be tunneling or even large stoping at wI depths exceeding 120 feet below the Lot 7 proposed building site. I This scenario also is acceptable based on the engineering calculations to follow. 1 4. This scenario is based on the assumption that the drilling interpretation was not entirely correct and that more overburden was penetrated than is now assumed. Sub eestions as to net ain or loss of weight at the surface attribUtabre to a .new structure, and •erha•s some s •ecial fo n• atio ,,,y cn,,,,,, r?terra inc u inq - home of the -I planned size will follow,. 5. If more mining is done under this site in the future, then vi this report and evaluation is void. -I a • • CONCLUSION Based on our engineer's calculations (see attached ) and my own interpretation of the data, I see a very low risk of subsidence of the building site. There is a higher risk in areas of downtown Aspen. The recommendations of our engineer and my own ° suggestions should be followed. .I .I aI _I al FI .I 1 • . .i REFERENCES 1 1. CHEN & ASSOCIATES, 1986, Subsoil Study and Underground Mine _ Works Review, Proposed Residence, Lot 7 , Sunny Park North, . Park Circle, Aspen, Colorado. 2. WESTERN ENGINEERS, INC., 1986, Geophysical and Geotechnical Subsidence Investigation for Lots 3 and 5, Sunny Park North vi Subdivision, Aspen, Colorado. 3 . RESOURCE ENGINEERING, INC. , 1984 , Geotechnical Services Subsidence Risk Study, Proposed Molly Gibson Park, Aspen, Colorado , for Pitkin County. I 1 • _! I • • _i •. 1 A • • :! BANNER . A. 1 -1 June 1 , 1987 _! Dr. Nicholas Lampiris 0554 Highway 82 :i Carbondale, CO 81623 Re : Subsidence Investigation, Lot 7 , Sunny Park North Subdivision, Aspen, Colorado � Dear Dr. Lampiris, =1 In accordance with your request, I have performed rock strength calculations based on assumptions from data obtained from the exploratory Drill Holes . 1 The information is submitted to you in the form of a brief report consisting of the following pages : _t Figure 1 , Drill Hole Location.: 1 Sheets 1 and 2, Calculations. , Conclusions. • .1 During my visit to the site, no property corners could be found, . so Drill. Holes 1, 2 , and 3 were located by tying them to the existing depressions which had been mapped by others. 1 If you have any comments or questions or need clarification of any item, please feel free to call. -. Very truly yours, '1 BANNER ASSOCIATES, INC. )0,:li.Q___Qa_sLA__a :- ..s„.„,c) . . _1 Wallace E. Beedle, P.E. , L.S. . WEB/rig • Enclosures . 'I . • BANNER ASSOCIATES, INC. CONSULTING ENGINEERS & ARCHITECTS 2777 CROSSROADS BOULEVARD �� GRAND JUNCTION, CO 81506• (303) 2432242 .1 • • , .1 ii .1 • :I .I Scale: 1" = 50' . -1 I Approximate location, existing surface depressions \ 0 Hole #3 . .I \ Park Hole #1 • Circle LOT 7 \ . :I .Hole #2 \ 4 • I . \ . \, . LOT 5 ' .I • .I Figure 1 1 Drill Hole Location . _I • -I • 1 -� BANNER ASSOCIATES.INC Consulting Engineers& Architects Grand Junction. Colorado 1 . i '. , fANNF- N 0 5 3 - 14— BANNER ASSOCIATES.INC. ' JOB NO. L o L JpL p'^ / �� CONSULTING ENGINEERS & ARCHITECTS JOB !7 , 2777 CROSSROADS BOULEVARD // •� GRAND JUNCTION.CO 81501 • (303) 2432242 CALCUUTEDBV W E. °CYIQ DATE 2L-28 �9�/ CHECKED By DATE SHEET NO. / OF Z .1 '1 Rock S4rey'9II? Ca /cu /ahotis 4ssump7Lvor)s ' 1 I. 7-he 7z4 hr/ e/s , /7C on y , are 8 X Jo' /r) cJ'r) S Se 701-7. Z. Eased ors dal-a -iron-7 hNo/e A/o. / / �alIcd 9rari.>le will be cap fo (o' -thick.. 3. 0tn/ weiyhf of 9ro•,.fe = /7S //is, per cu. � i Ar?olysrs o4 gray.ife in beam ac,1-/or, over I-10e .1 o pev)In7 a ss um�N y a / foot -hoc% s/ice � c'o' deep a lid w.f/ a /O 7Cctf spa h e elect ov -i eoo,.dead /c c l .i, 1 . or 9r2 nnLe = S S4-0000 `psi _ I .._ (iz,)(7zo)3/rz. = 373 Z •&oo0 it-7 4 • Dellethor) 67 So)62 0)4/(384)(65-40000)073Z4b000} D.OOO000 5 In. �Zo _1 Moment" In /o -f• SPoh (I75o)( )2 12 4 = / OS-0 000 .h, /6. r sT/"es. /Y! roof : Gize 10 chri = C/OSO 0001(3100)n73Z413 000 / p / ., wh//e -Me T'/eXura/ s j 0h eiC 7e-a;ode is Z 60 psi 517 ear a/ beare7 e•-ds = (3)(O.11Iz73)(IZo)/4 = `9 Psi gpplied .ver/ical s/ress leo die opa.,ir,9 a-* /20 a07L depth = (,75 ) (120 )//44 _ /4 !o /3.s/ -' ,I .1 !BANNER . Z3053-/4- BANNER ASSOCIATES,INC. JOB NO. CONSULTING ENGINEERS & ARCHITECTS • SOB Lol' 7 /l6rp✓d SfudY' 2777 CROSSROADS BOULEVARD YY' F� ZG'28 /987 GRAND JUNCTION, CO 81501 • (303) 2432242 • CALCULATED BY OATS CHECKED BY DATE SHEET NO. Z O/ I ,s �.f� /•7 1:-ea N ac_1�'o,-� over- Y-he A,7aly s of 9r�r o ?rv„') p a ss C v?,V7j 740I due fo ro dom ) u`4,�h osuh -fauh'-s or Jo)r7)Ls )L-frex bear /5 redo eFd io 7Cpe7L- ,Y) d/p -/-h w i*G, /!o" of dyad load . r c ( I ) (Z0) A2. / 72a00i0 /h4 r MON1Pc�- ._ (/ 7S0)(120)Z /Z4 = / o 5-0 000 /r2. J6s. .S>/rPSS lh roof = ioS0000 67o)// 7ZB000 = 34, Psi • w,/-G, urea 5 ire449112 o7- 9,r-o e = zto o psi SLieor of b•ea-n 2hds _ (3) (0,/01Z73)(120 )/4 = 9 Psi Deckof1on = (/7s0) (izo)%384)(ss4-o000) (/ 72e000 ) = o. 000/ • • • /J IL ' Conclusions : i Since the foregoing computations were based on assumptions, they must be considered approximate. If no underground openings exist except deeper than the bottom of . the two deep drill holes, the computations show that the site is safe. The massive granite easily spans the 10 foot opening with small deflection and stress. The material above the theoretical ,1 granite beam was assumed to act strictly as dead load in the computations while actually this would not be the case. There may exist above the- theoretical beam other layers which also act ` as beams which would contribute to the strength of the mass overlying the opening. Also the overburden near the surface would exhibit a bridging action which would reduce the direct .I dead load on the theoretical beam thereby reducing the stress and deflection which are already small. If the opening is below the water table, it is probably filled with water which would resist subsidence. If underground openings exist closer to the surface than the bottom of the deep holes , the depth of the theoretical granite 1 beam would be reduced but also the depth of cover would be reduced thereby reducing the stress and deflection. The computations show that a 10 foot deep granite beam will also span a 10 foot wide opening. If large stoping exists at depths deeper than the bottom of the drill holes, caving, if it occurs is predicted at extending from } 35 feet to 50 feet above the stope and fracturing of the rock above the caved portion is predicted at extending from 150 feet to 200 feet above the stope. However, because of the massive ' granite which appears to underly the site, it appears to be _ unlikely that such caving has or would occur. The above values vary with the mined height, which is unknown. •l In order to reduce the disturba,nce _to . existing undergrot /, conditions, we suggest that an amount of3materia.l , _,as fry :I -Faseme excava 'ion '-a o e`weidiri'"f the structure be emoyed from the site The structure should also be designed to .rovide for movemen wit out damase. or to resist movement. . Submitted by: Banner Associates, Inc. A,..... RE�/ l��t, .1 - C(WELE.•\ ,'if 1 \4- 1-CLCIak-JIL75?;>.%-JC) c)„____ ' BEEDLL : i • 20.,32 1 f Wallace E. Beedle, P.E. - i . .j : .1 • • • ac.14-t,l r F PATTILLO ASSOCIATES STRUCTURAL CONSULTANTS July 6, 1987 Graeme Means P.O. Box 4956 Aspen, Colorado 81612 Re: Lot 7, Sunny Park- Subdivision Aspen, Colorado Dear Graeme: As you requested, I have reviewed the reports which you provided for Lot 7 to determine the feasibility of constructing a single family residence thereon. Specifically, I reviewed the Chen & Associates report of December 30 , 1986; the Banner report of May 13, 1987; and the Topographic and Boundary Survey map dated June, 1987. Based on the information presented in those reports, it is my professional opinion that -only -a--smal-1-risk of potential subsoil instability exists on the site due to previous mining activity. That risk may be reduced even .further by siting the house carefully, and designing a foundation which has the structural capacity to bridge any weak zones. of the underlying soil. I believe that with proper care and planning, the risk of possible distress to the proposed-structure, may be reduced to practically nil. .. . . Regarding drainage issues, there should be ,no problem .with proper siting, to provide final grades which accommodate adequate surface drainage for the building and lot. • Sincerely, / 1 / / �, i gze 0411k+dlE.%,'/, Robert M. /Pattillo, P.E. .*��Q`om�,iSTER� 1 % ao 16794 Fu °-T, ° --""s>,15,4,8° °'0,NAL O° Qqa 0000 o° HO t1* atiB P.O. BOX 751 • GLENWOOD SPRINGS. COLORADO 81 802 • (303) 945-9695 MEMORANDUM TO: City Engineer Aspen Water Department Aspen Consolidated Sanitation District Fire Marshall FROM: Steve Burstein, Planning Office RE: Goldenson 8040 Greenline Review DATE: July 20, 1987 . Attached for your review and comments is an application submitted by Graeme Means on behalf of his clients Marvin and Barbara Goldenson requesting 8040 Greeline Review. They propose to build a single-family home of 2 ,700 square feet on Lot 7, Sunny Park North Subdivision containing 15, 191 square feet. The property is zoned R-15A. Please review this material and send your comments to the Planning Office no later than July 30, 1987 in order for this office to have adequate time to prepare for its presentation before P&Z. Thank you. ASN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, CO 81611 (303) 925-2020 nn Date: pp !/,17� 644tA j 4,1,,, .1,;a • . ..//' A 1'.:.�. i. ; . / Q'., I, RE: r'L'// II ro c)oc n / 1.“L Ker. Dear W / . This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that your application IS NOT complete. Additional items required include: Disclosure of Ownership (one copy only needed) , Adjacent Property Owners List/Envelopes/Postage (one copy) Additional copies of entire application Authorization by owner for representative to submit applica- tion Response to list of items (attached/below) demonstrating compliance with the applicable policies and regulations of the Code, or other specific materials A check in the amount of $ A. Your appl icatignnis omplete and we hav - scheduled it for review by the `-/'`F on E,i. • ■, . We will call you if we need any additional informa4 prior to that date. Several days prior to your hearing, e will call and make available a copy of the memorandum.. Please note that it IS NOT your responsibility to post your property with a sign, which we can provide you for a $3 .00 fee. B. Your application is incomplete, we have not scheduled it review at this time. When we receive the materials we have requested, we will place you on t next ava" able agenda. If you any ou have an questions, please call / / • ' , the planner assigned to your case. Sincerely, • ' :N 'ITKIN PLANNING OFFICE / s ate/ R-------------- '- /'! d% . CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 7/4)" ARCEL ID AND CASE NO. DATE COMPLETE: r' 6 1 O�C-n 'O 'I Qa A - q! STAFF MEMBER: ;"`.-' PROJECT NAME: I /1'N. /u 8".A' • '�� // Project Address: raffingEIMMTIP11TEN111. _ G ( O APPLICANT: ii i tJ ire.r■ir • P / Applicant A•dress: 9 Zi : 1' /. 0// REPRESENTATIVE: ► if Representative Address/Phon3> n !Pif ri ifZ 5 -q/d) TYPE OF APPLICATION: PAIR:- ,€i)----NO AMOUNT: # 73O • O 0 TEP APPLICATION: 1V C P&Z MEETING DATE: A , PUBLIC HEARING: YES " DATE REFERRED: U INITIALS: 71 2 STEP APPLICATION: CC MEETING DATE: PUBLIC HEARING: YES NO DATE REFERRED: INITIALS: REFERRALS: City Attorney Mtn. Bell School District City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) ✓ Aspen Water Fire Marshall State Hwy Dept(GJ) City Electric Fire Chief Bldg:Zon/Inspect �Envir. Hlth. Roaring Fork Roaring Fork Aspen Consol. Transit Energy Center S.D. Other FINAL ROUTING: DATE ROUTED: INITIAL: 1 City Atty City Engineer Bldg. Dept. Other: FILE STATUS AND LOCATION: - i