The URL can be used to link to this page

Home My WebLink AboutLand Use Case.427 Silverlode Dr.A55-95 CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 04/20/95 PARCEL ID AND CASE NO. DATE COMPLETE: 2737-074-00-001&007 A55-95 STAFF MEMBER: ML PROJECT NAME: Timroth Access 8040 Greenline Review Project Address: Legal Address: , 1l '(y ,. APPLICANT: t & Donna Timroth & Grant Timroth Applicant Address: Box 89, ASpen, CO 925-1065 REPRESENTATIVE: Lennie Oates 920-1700 Representative Address/Phone: 533 E. Hopkins Aspen, CO 81611 FEES: PLANNING $ 1020 # APPS RECEIVED 10 ENGINEER $ 100 # PLATS RECEIVED HOUSING $ ENV. HEALTH $ TOTAL $ 1120 TYPE OF APPLICATION: STAFF APPROVAL: X 1 STEP: 0 2 STEP: P&Z Meeting Date (0 t0 PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO DRC Meeting Date REFERRALS: X City Attorney Parks Dept. School District X City Engineer Bldg Inspector Rocky Mtn NatGas Housing Dir. xC Fire Marshal CDOT Aspen Water Holy Cross Clean Air Board City Electric Mtn. Bell Open Space Board Envir.Hlth ACSD Y Other ComfY aff-n'^gy Zoning / Energy Center [,�j I ) x Other Covvn-I// cnq inee.( DATE REFERRED: `( -2' INITIALS: /"v DUE.: /II �� FINAL ROUTING: DATE ROUTED: (4945-INITIAL: City Atty City Engineer Zoning Env. Health Housing Open Space Other: FILE STATUS AND LOCATION: 2 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Mary Lackner, Planner RE: Timroth 8040 Greenline Review for a Driveway DATE: June 6, 1995 SUMMARY: The Planning Office recommends approval of the Timroth 8040 Greenline review for a driveway to be constructed adjacent to Spruce Street for approximately 380 feet, subject to conditions. APPLICANT: Jerry and Donna Timroth, represented by Lenny Oates. LOCATION: Immediately east of upper Spruce Street within the Williams Ranch development. ZONING: AH - Affordable Housing zone district. APPLICANT'S REQUEST: The applicant requests 8040 Greenline Review for an approximately 380 foot access road to be constructed parallel to Spruce Street. The applicant has been unable to obtain an access easement from Mr. Eugene Witz to use Spruce Street in this area and is therefore seeking 8040 Greenline approval to construct a portion of the access easement that was granted by Smuggler Mountain Base Properties in 1989 . The proposed access drive is planned to bypass the Witz parcel and would serve the Albert G. and Donna M. Timroth parcel, the Grant C. Timroth parcel, and Lot 5 of the Silverlode Subdivision. The Grant C. Timroth parcel still needs full land use approvals from Pitkin County prior to development, however the Albert G. and Donna M. Timroth parcel and Lot 5 Silverlode have received their appropriate approvals. A copy of the application information and maps are included in Exhibit "A" . REFERRAL COMMENTS: The following referral comments are attached to this memorandum: Engineering Department - Exhibit "B" STAFF COMMENTS: The Commission has the final authority to review and approve development applications for 8040 Greenline review pursuant to the standards of Section 24-7-503 of the Aspen Land Use Regulations. 8040 Greenline Review This project is being reviewed by the City because the applicant' s access easement is located on the northern edge of the Williams Ranch development (specifically the Silverlode Subdivision) , which . . was recently annexed into the City of Aspen. The applicant received 1041 Hazard Review approval in 1993 for the construction of a single family residence and caretaker unit on his property by the Board of County Commissioners. The applicant has proven legal access to the site with the 1989 access easement. Unfortunately the applicant has been unable to obtain an easement with Mr. Witz to utilize Spruce Street where it crosses Mr. Witz property. Since an agreement cannot be reached, the applicant is pursuing development approvals for the construction of an access drive immediately adjacent to Spruce Street. The applicant's access easement is 660 feet long as it crosses the Silverlode Subdivision, however the applicant only needs to construct 380 feet as it bypasses Mr. Witz parcel. This access easement is identified on the Williams Ranch plats. 1 . The parcel on which the proposed development is to be located is suitable for development considering its slope, ground stability characteristics, including mine substance and the possibility of mud flow, rock falls and avalanche dangers. If the parcel is found to contain hazardous or toxic soils, the applicant shall stabilize and revegetate the soils, or where necessary, cause them to be removed from the site to a location acceptable to the city. Response: All road construction will take place on slopes less than 30% with the majority of the road to be placed on slopes less than 20%. The applicant has submitted a report from Banner Engineers which indicates that there are no issues associated with ground stability, mine substance, mud flow, rock fall, or avalanche hazards associated with the construction of the new access drive. The parcel is specifically excluded from the Smuggler Superfund Site and has been determined to contain no hazardous or toxic waste materials. 2. The proposed development does not have a significant adverse affect on the natural watershed, runoff, drainage, soil erosion or have consequent effects on water pollution. Response: The applicant will need to submit a drainage plan prepared by a licensed engineer to be reviewed and approved by the City Engineer prior to the issuance of any permits. Staff does not believe their will be any significant affect on the natural watershed, drainage, soil erosion or water pollution as part of this proposed access road. 3 . The proposed development does not have a significant adverse affect on the air quality in the city. 2 411 • Response: The addition of a 380 foot unpaved access drive may have a negative impact on air quality. The applicant will need to submit a dust control plan which explains the methods to control dust on an annual basis. This plan shall be submitted prior to the issuance of any permits. 4. The design and location of any proposed development, road, or trail is compatible with the terrain on the parcel on which the proposed development is to be located. Response: The access road is immediately adjacent to Spruce Street. Parallel roads are not compatible with the natural terrain as such a proposal is destructive to the natural environment and character of the area. One access road in this location is compatible with the terrain. There will be a seven foot snow storage area between the proposed access drive and Spruce Street as this was a requirement of the Williams Ranch development and is identified on the plat. This separation of roads will soften the appearance of a forty foot access road in this location. 5. Any grading will minimize, to the extent practicable, disturbance to the terrain, vegetation and natural land features. Response: The best option would have been for the applicant to secure an access easement across -Spruce Street on Mr. Witz property in order to minimize grading as much as possible. This has not been possible. Therefore, the applicant is proposing to construct a 20 foot wide access road (the minimum required by the City Engineer) to access the parcel. Since the access road is proposed to access two county residences and one city residence, staff recommends that the access road be designed to the minimum County driveway standard of 12 feet and recommends the city residence to take their alternative access from within the subdivision. This would the most practicable method possible to minimize grading, disturbance to the terrain, vegetation and natural land features. Staff recommends that the seven foot snow storage buffer be relandscaped with the same number of trees that must be removed for the construction of the access road. 6. The placement and clustering of structures will minimize the need for roads, limit cutting and grading, maintain open space, and preserve the mountain as a scenic resource. Response: This 8040 Greenline does not review any structures as all residences served by this access road will be located within Pitkin County. Recommendations to minimize road construction have 3 . 411 been made in other sections of this review. 7. Building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain. Response: Building height and bulk are not an issue with this application. 8 . Sufficient water pressure and other utilities are available to service the proposed development. Response: All utilities to the Timroth parcel have been approved in the 1041 and General Submission process in the County. No utilities are necessary for the driveway access. 9. Adequate roads are available to serve the proposed development, and said roads can be properly maintained. Response: This 8040 review assesses this criteria. 10. Adequate ingress and egress is available to the proposed development so as to ensure adequate access for fire protection and snow removal equipment. Response: Should parallel roads be approved, the Timroth access road does not need to meet the 20 ' minimum width requirement of the Fire Department, because the Fire Department can use the existing Spruce Street in the event of an emergency. Since the applicant ' s proposal is a private access road (same as Spruce Street in this area) the applicant will be responsible for snow removal. There is a seven foot snow storage easement on the east side of Spruce Street which will need to be maintained as part of this development. 11. Any trail on the parcel designated on the Aspen Area Comprehensive Plan: Parks/Recreation/Open Space/Trails Plan map is dedicated for public use. Response: Trails and open space were discussed with the Williams Ranch development. This proposed access road will not impact any lands dedicated for public use. SUMMARY: If the applicant were to obtain an access easement across Spruce Street as it exists, no impacts to the natural environment would be required. Since the applicant has not been able to obtain an easement agreement, he is pursuing the construction of 380 feet of a 660 foot access road along the adjacent parcel. Staff would prefer for the applicant to use Spruce Street, but this 4 is not presently an available option. Secondly, staff would prefer to condition this request to require that Spruce Street would be revegetated and cease use and the new access road' would be used. Unfortunately, such a condition would not, be viable because the applicant has no ability to change, use, or alter Spruce Street. STAFF RECOMMENDATION: Staff is recommending approval of the applicant' s request subject to the following conditions. Staff believes that if these conditions are followed, development will be limited to the maximum extent possible. 1. The applicant shall submit a drainage plan prepared by a licensed engineer, prior to the issuance of any permits. This plan shall include information about the proposed stabilization of cut and fill slopes to prevent erosion. 2 . The applicant shall submit a dust control plan describing the methods and timing for dust control on the new road on an annual basis. This plan shall be submitted prior to the issuance of any permits and approved by the Environmental Health Department. 3 . The applicant shall submit a landscaping plan to be reviewed and approved by the Parks Department, prior to the issuance of any permits. This plan shall indicate the number of trees that will be removed with the new road construction and identify the location and number of replacement trees within the buffer and east of the new access road. 4 . Prior to the issuance of any permits, the applicant shall install construction fencing along the entire length of the proposed work at the limits of construction. No sidecasting of excavated materials and no stockpiling of boulders is permitted outside of the approved limits of construction. 5 . Prior to the issuance of any permits, the applicant shall submit a 24" x 36" site plan of the driveway which identifies the location of the snow storage easement, Spruce Street, the new access drive, and the limits of construction for the new access drive. This map shall be approved by the Planning and Engineering Department. 6. The applicant shall provide "as-builts" signed off by a licenced engineer that the project was constructed and built as designed and approved. CMOk' 7 . The T. roth access drive is approved for use by the Albert and Donna parcel and the Grant Timroth parcel. Silverlode Subdivision Lot 5 shall take access from the internal Silverlode Subdivision road system. 8 . All material representations made by the applicant in the 5 • • application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approve the 8040 Greenline review for an approximately 380 foot access drive to be used by the Albert and Donna Timroth parcel and the Grant Timroth parcel, with the conditions noted in the Planning Office memorandum dated June 6, 1995. " Exhibits: "A" - Application Information with plans and elevations "B" - Engineering Department 6 I( �, //� _— it ✓ Y.S �:. r� � ,. 1 �, w • Exhibit �� , 4) '. \ ;i ,--7T\ err — -I) / ��`��.� ► �t a/ N� / l r rr % / q _ % — _Y7, ..--.•-•=—:.....---....)-4.--;--5-", -' ..- - cto/.0,„ 1 . \ r-_----\ -7/./..„ i _.., i e-,— ../ ■.! — .`f ,._ -----7, #f ,,,,,,,... \,....„,/, ,..._____ .., ,,.... .,.. . r--- ..,...„ ,_ _.-7;-• 0, Pi r _.,_ _ , et, .,..- .._ .7,./ ..,________,„_. . ._\ Q � y vw• .... , r) CT:, ,„' '. '. --• . -. .._,. (I ;7 ali \ Ili .4-.,..............-...:-.-1,7"..,-,- -.--'C.\ L: N -s-'''' \c-----\ / '-'f• U HU DI ,�- \-- . fit: - i!! 01 Q u _-1 jpillir :,, A --- \ '1& ( E..) ( io-J.e. J Li_ _ .___L_I J.., , 0 ,,,,,, _ , 1 .1 \. —Os.;:'''---1----- ---, -- (5 s°-./A *'- •‘ 1 ( ,tz :: - .. -, ite:,,,i) — ,r7...______________nj ii , , , i k z"--\./ ) t nap— ^;iur Hi qa 1 Q■p'1 Ivlr' b 1 .'�. .-. -� .� J—. L._�."l_.JK_ —1 oiTn1- 3 fit i Sul Ji IEflLI , ,:l . , I Ilia ,/ fr 71jj *41.110, i'ff\ ,/ fl -,' / 1 j _i FT / r- it 1 r' �Zr.._-.�� %lui awy 1 .Nir .......,,, . , -„,,, ,,.\, .., ..1- IV ? MEW/ ' :•A • V 111 C-----jfl r-1-1q-7 - 7- -I- -I -' / 411*II INUI .A . ,_,.__.,_ . ...--4, � Wr -r ab . ss _ _ C;2_ ��a l _ _�- uL ______ � J`� _ r�7aac .ua,c i ' r _ /I� r of �_<UL. L j;r1-1• /781111k ., / .?... i CZ Il J J . _ . \ _, _.___. 7/P ):' Ar z,/ (1,\--) • .,...... ._. _ „,_..\ 0 \.„5„...._ ,/, , :.,, ;,.-. \ D ` 1 l ..... ,,, ji-A , ./ ir4rr-___,...z.:=4::, I ! tii r,......___.,..,__ __ `I ��i/ /i� � , \' 7,77.-7 "-..,‘,...,_ _ .:-.-____,...--..., / ic \___4..,..•...„0\________.„- I me. \ \ cz_p‘ h.° : / Y AL_ I LI- INi-\ I L 3I -< UL 3 I KLL , ,�`� CC ` SS ROAD PL_ A #, Stx �' , 4 \ ,00 iirip..?%":11./.17:' ft- .��I' ET 60 �► 60 T 4, id lik Lf GRIOHIC SCALE ,'T ''4/41W I Bch - IV fit✓ \ #40, . _ ■TINim"11°°,1ef' . f;<1::,0■4')"%•,...... ! 1 ` - . . -.■ 4 ,-vg." ,:vc; 44-- Ws.' - . N ,,,,,,o's ,./-osimvisk.... ? elipipt-- aiiii. 44ifilliol 0#00r.„Ar .,-.-4,1..- ,.3 - iimiliwie9g1Frifoo01111111116.0 7 . 44,- „, ., vioppriforfaiiiii0k '"Ire, 9 \kit& TIY- 110,7- :1111!jey'r Al°111!111°11111111111111.k/ Nki, NIN . v 0.„,:,40,,,., ..., .... A4,0,-- „, 4,xwv , Itiowille-_,.. doe-, ._„,„ ,. sirc--051 vis __ 41.40 ofr- Atervoost „ No. 40:0„,,,r. :t ...,,,i . _■/1 1 I IL,.. -,AAP',, A \,....., \Veil, -..,. _.....000010."--..,411,410;614111&A.p _2.- --4fk 211.#4.41, _II111.1111 'w V,4*OE' 4.-_ . .c __--- W.,. eiw V# 9-..-1.-40,104,........_ 41. Nal* A 11I, r 41 Mi teali . . , '*“*‘.e.A71 1.F4. " 14 ti I L'‘': 'a'' f'-'1 4604 I C. '4°' 1 I I ,1 I.1 i 1 11 I 11.11H....grj.wir,.....A.j'A'-- '4'..-- .it.n d 4 It.5"IA',... '. ..kIr4 I I I 41 li Ilk Mv' ��_ , �� N ASEMENT ARE B I N �� C — CA LATED PRIO' 7980 i � e ' • 1 - , ION ACC•S ROA:l �r • T keil Arkkii*::e>•-\. 0 , if ■ n ,.s , \ / ► � , EN American Consulting `N °s Engineers Council ,,,,,,.,, ,/. '., i, r,,,rrr. — ° �; Member A. r'/ , r ,,,,, :''/i /, ,i, /, - /' BANNER ASSOCIATES, INC. ® CONSULTING ENGINEERS 8i ARCHITEC-i 2777 CROSSROADS BOULEVARD 0 GRAND JUNCTION, CO 81506 - (303) 243-22z 605 E. MAIN 0 SUITE 6 0 ASPEN, CO 81611 0 (303) 925-58t SATTACHMENT 3 0 £G'1£08 1-1 ` S'1£08 Q � 0 4 \ 01.9009 0 Z'5008 d W Cf w (J) W 7 I8'0008 t \U O 6.8109 U q LL Q o 0 OS•5I08 0 r.O III w 41 H V 00 0108 0'OIOB O U \ o U v 68•G008 0 P009 N III w / Cr) fzi. 8S 6662 _J 9 6662 CL I :, I l I I— Moo .?'G '9662 •�9AL� H 4 o A .a o m (\i a e9 E'1-LI •159AZ ` ,r..-; 00'G66Z o 7 Z t` rn %L, 6 P66Z 1- I I I o I t , . 0 lil u � II i tl H u) w °. 8Z:486Z Q 4 .Q sa6L �?ri� , 9-'986.G 89 E'PP+0 •5.918 rn 917'086G o , 0 0 0 0 0 8 086 o wa rifti Engineers Council Member • BANNER ASSOCIATES, INC. 0 CONSULTING ENGINEERS & ARCHITECTS 2777 CROSSROADS BOULEVARD 0 GRAND JUNCTION, CO 81506 0 (303) 243-2242• 605 E. MAIN 0 SUITE 6 0 ASPEN, CO 81611 0 (303) 925-5857 ATIACHMENT 1 IAND USE APPLICATION F aPIM 1) project Name TIMROTH •CESS • 2) P.wject Location Northwesterly Boundary of SilverLode Subdivision (Spruce Street Extended-Shown on SilverLode Subdivision Plat /No Legal Description (indicate cate street address, lot & block nuMber, legal description where appropriate) Size of Easements approx. 700 sq. feet. Roadway 3) Present Zoning AH 4) Lot size surface is 5,320 sq.feet 5) Applicant's Name, Address & Phone # ALBERT G. TIMROTH AND DONNA M. TIMROTH and GRANT C. TIMROTH, P.O. Box 89, Aspen, CO 81612 (970) 925-1065 6) Representatives Name, dre d s & Phone # LEONARD M. GATES Oates, Hughes & Knezevich, P.C. , 533 E. Hopkins, Aspen, CO 81611 (970)920-1700 7) Type of Application (please Check: all that apply) : Cbnditi_onal Use SPA ptual Historic Dev. Special Review Final SPA Final Historic Dev. X 8040 Creenl.ine Conceptual POD Minor Historic Dev. Stream Margin Final POD Historic Demolition .. Main View Plane Subdivision . Historic Designation C1brrlaniniim+i nation 7ext/Map•Amendment CMS Allotment Int Splitaoot Line GCS F nemption Adjustment 8) Description of Existing Uses (mmodpr and type of existing. structures; approximate sq. ft.; camber of bedrooms; any previous approvals granted to the propertY) . Easement is described in that certain Mutual Road and Utility Easement and Right of made in 1989 • Way Agreement from Spruce Street to Smuggler Mountain Base Properties /recorded in Book 593 at Page 352 and rerecorded inBook 593 at Page 429 of the records of Pitkin County, Colorado, a copyof which ,is attached hereto as Exhibit "A". 9) Description riiption of Development Application (14 foot driveway surface) . Application is for a driveway access 20 feet in width/to service Parcel "E" and the Southerly portion of the Pride of Aspen, U.S.M. S. 7883 (continued on attached page) 10) Have you attadied the following? Response to Attadment 2, Minimum Submission its • X Response to Attachment 3, Speri fic Submission Contents X Response to Attachment 4, Review Standards for Your Application • • • 9). Cont. owned by Albert G. Timroth and Donna M. Timroth, andlielortherly portion of the Pride of Aspen, U.S.M.S. 7883AM for a distance of approximately feet, paralleling and lying with the northwesterly boundary of the SilverLode Subdivision as showmon the Subdivision Plat thereof. The Albert G. and Donna M. Timroth Parcel is described on Exhibit "B". The Grant C. Timroth Parcel is described in Exhibit "C". Both are situated in unincorporated Pitkin County. The area of the easement was annexed into the City of Aspen in 1995. The Albert G. and Donna M. Timroth Parcel has been granted 1041 Hazard Review, General Submission and Caretaker Dwelling Unit Approval pursuant to Resolution 93-141 of the Board of Pitkin County Commissioners attached as Exhibit "D", recorded in Book 722 at Page 457 of the records of Pitkin County, Colorado, the Plat of which is filed for record in Plat Book 33 at Page 32 of the records of Pitkin County, Colorado. The Approval is for one (1) single family residence plus a caretaker dwelling unit. No land use approvals have been sought for the Grant C. Timroth Parcel. Any land use application for the Grant C. Timroth Parcel would be for a single family residence plus perhaps a caretaker dwelling unit. There currently exists on the property owned by one .Eugene Witz adjoining the easement along the common boundary with the northwesterly boundary of SilverLode Subdivision a road in place which in some places encroaches on the area for which the subject access easement is located. To the extent possible, that existing road will be used. Requests have been made of Mr. Witz to use the existing road on his property which services a number of properties in the area. He has refused to voluntarily permit its use by the applicant, thereby necessitating this application. timral\no.9 ■ • ! MATERIALS SUBMITTED IN CONNECTION WITH ATTACHMENT 2 1. The Applicant's name, address and telephone number is: Albert G. Timroth and Donna M. Timroth, and Grant C. Timroth P.O. Box 89 Aspen, CO 81612 Telephone: (970) 925-1065 Attached is the appointment of authorized representative letter. 2. The street address and legal description of the parcel on which the development is proposed to occur is the parcel being only an access easement 20 feet in width for driveway access has no legal description. It is described in the attached mutual easement and shown on the plat of SilverLode Subdivision. 3. Attached is a title insurance commitment showing ownership of the SilverLode Subdivision in Williams Ranch Joint Venture, which is the successor in title to Smuggler-Durant Mining Corporation, the party which granted the easement in the first instance pursuant to the mutual easement attached hereto. The 1989 Mutual Easement gives to the Applicant, the right to apply for the development application. 4. Attached hereto is a vicinity map showing the subject parcel within the City of Aspen. 5. Supplementing the application, the Applicant proposes to construct a 20-foot-wide driveway easement, a distance of approximately 380 feet along the rear 20 feet of Lots 1 through 4, exclusive of SilverLode Subdivision to provide access to two (2) parcels of property, the ownership of which is disclosed in the application. The Applicants' rights with respect to the Mutual Easement derive from a written easement attached hereto as Exhibit A. The site currently is sparse brush covered together with rocks and boulders. The existing grade will not be altered greatly. The profile is shown on the attached submission of Banner Associates. Removal of certain boulders will be required as well some minimal amount of grading and filling. A number of small caliper diseased or dead aspen trees will need to be removed at the easterly terminus of the easement. timral\materials.sub • • . ATTACHMENT 4 The following is submitted as Attachment 4 to address the review standards: Development subject to 8040 Greenline Review 1. No structures are to be constructed on the driveway access. It is to be used only for driveway access. The slope is a maximum of 14.69 degrees. There are no issues with ground stability, mine subsidence or the possibility of mud flow, rock fall or avalanche dangers associated with the driveway access. The parcel is specifically excluded for Operation of Unit 2 of the Smuggler Superfund Site, having been determined to contain no hazardous or toxic waste materials. • 2. The proposed development will not have a significant adverse effect on the natural water shed, run off drainage, will cause no soil erosion or have consequent effects on water pollution. All existing drainage patterns will be retained. 3. Inasmuch as no structure is proposed on the development, it is not anticipated to have any adverse effect on air quality in the City of Aspen. 4. The application itself addresses the design and location of an access (driveway easement) and is compatible with the terrain on the parcel on which the proposed development (the access itself) is to be located. 5. Minimal grading will be required as a part of this proposal. Rocks will be removed, the property will be graded level without significant change to the existing grade. All vegetation not a part of the road surface will be restored. 6. This section should be not applicable because the development proposal itself does not propose a structure. 7. Building height and bulk are not an issue inasmuch as no structure is proposed as a part of the application. 8. All utilities to the development parcel which the driveway accesses have been adequately addressed as a part of the 1041 and general submission process. No utilities are necessary for the driveway access. 9. The development proposal itself is for a driveway access. After installation of the access, it is anticipated that the driveway will be maintained by the Applicant and by the owner of Lot 5, SilverLode Subdivision, who may share in the use of the road for access to Lot 5. It is the Applicants' understanding that an access along Spruce Street extended is contemplated by the approval for SilverLode Subdivision. 1 • • 10. The proposal itself is a request for a access permit. The access begins at the westerly terminus of the driveway access approval requested by this application at the intersection with public Spruce Street at its easterly terminus, Applicant accesses a 30 foot roadway constructed and in place to the parcels of the Applicant for which easements exist. The Albert G. and Donna M. Timroth parcel has addressed issues relating to access for fire equipment and snow removal equipment as a part of their 1041/General Submission Application and approval. 11. No trail on the driveway access easement is proposed, therefore this provision is not applicable. By way of additional background information, the existing road commonly known as Spruce Street extended which services numerous properties in the area of the parcels owned by the Applicants, crosses the property of one Eugene Witz, who abuts the public portion of Spruce Street and whose southwesterly boundary the common boundary with the northwesterly boundary of SilverLode Subdivision. The Applicants have negotiated in good faith with Mr. Witz to obtain an access easement through his property over and along the private road on Mr. Witz's property. Mr. Witz has been unwilling to grant a right to the Applicants for use of the portion of the road on his property. The proposed road will roughly parallel that existing road which, in fact, in certain areas presently exists on the.easement area of the proposed driveway easement. See the overlay contained as a part of Attachment 3. timral\attach.4 2 �::R;..':. , EXHIBIT A ' -,Obt: ' ' • III •-22 Recorded at - o clork�- �'! Reception No I BIM ' `�... i R SILVIA DAVIS PITKIN COUNTY RECORDER .:.. ; • MUTUAL ROAD AND UTILITY EASEMENT AND RIGHT OF WAY AGREEMENT FROM SPRUCE STREET TO SMUGGLER MOUNTAIN BASE PROPERTIES ..: . . WITNESSETH, that • ' WHEREAS, the parties hereto are the owners of title to lands • located. at the base of Smuggler Mountain, Aspen, Pitkin County, Colorado, lying between the Northerly terminus of Spruce Street :�._ . and the Glendale patented load mining claim, M S 6859; and ..r.-l. WHEREAS, each of the parties hereto desires to provide for _' mutual , non-exclusive road and utility easements for each other �n y^ :. cT across their individually owned lands. NOW THEREFORE, in consideration of. such mutual consi�erations and 4 . benefits, the parties hereto grant and convey to each other ant mutual , non-exclusive 30-foot wide roadway and utility :��. . . ,;_ x lying 15 feet on either side of the center line of a road ` ._,_ ;: j . alignment as more particularly shown on the attached Exhibit "A" ; . `.• Map, as access easement "B," and which easement is generally �:.; ',ti described as follows: �_. . y' � . Commencing at the Northerly end of Spruce Street at its La y intersection with the East 1/16 line of Section 7, it Township 10 South, Range 84 West, 6th P.M. , thence •x r.-i,f Easterly on the road and utility easement described in -$ nn Book 578 at :age 774-785, which is on the South side of - '-rg T the Ella Sherwood patented load mining claim, MS5304 ti� 0 071. _:; .tiV . 0 • • Bt7 53 7 • 59 3 Pa�43 . . - ---. .1. For purposes of this Agreement, the word "utility" 'shall mean electric, telephone and cable T.V: service, either = undarground or on poles, which shall be installed on the right . side of the road, as well as natural gas on the other side of the road, and shall include, as well , water and sewer service. The easement shall include the right to install , construct, maintain and repair such utilities and utility lines. - . 2. . Any party performing road improvements, maintenance or utility installation or repair shall conduct such work in a • manner so as not to impede the access to any connecting roads, " �: ,. trails or work areas and shall regrade, if necessary, the premises to maintain the unimpeded, adequate vehicular access to. the r •• 3. Further, each party shall indemnify and save harmless • the other from any damages, suits, claims and judgments arising .' . out of such improvement, installation, repair and maintenance %' • operations it may conduct on the common easement and right of : way. • 4. Those portions of the subject easement and right of way which conflict with the previous easement and ritjht of way . agreements recorded in Book 578 at Page 774 and in Book . 578 at . . 7,.. -: -. - Page 453 shall be subject thereto insofar as there is any conflict between this Agreement and those prior agreements. 5. The following rights are also granted: to allow any Ill� other person or company to attach wires or lay cable or conduit within the right of way ,"or communications or electric power a •- transmission or distribution, to allow any assignee or grantee of the parties hereto, even on lands not owned by the parties, to • obtain the use of the easement; to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs J. , w outside of the easement area which might interfere with or fall t • '•l upon the lines or systems of communication or power transmission or distri.bution. '• 6. A survey of the subject easement and right of way is .being completed by Banner Associates, Inc. , as Job #8120-07 and when such survey is filed of record with Pitkin County, Colorado, it shall then be used for reference for all purposes to describe , the subject right of way and easement. - - - 7. _In the event that any .party hereto or any third party _._: ', grantees in the subject right of way and easement wish to hook . .L onto or use the easement after utility lines and services have •c =+' • • been installed by any party or parties, shall first be required ' ` to pay a pro rata share for the construction, installation, : . maintenance, repair and use of. such utilities, including road •, 1�`,,l.:-..z.1..-.4. 10, , )r.gt ;, . -_,: ; • r r • .&•Mil;.,.; , • , . . • •. , • - • . . 0 : . • • k'.:1„:2- :,,!:.;,•:•..' . . BO 5g3 fiAi354 , -::,-;.,....•• . . ..........,..: .-. . • . OK 593 FigE431 . . . . construction costs, with the .,:rpose that cost be assessed on a per unit user basis. _ • . • . _ 8 . Any after-acquired title in the easement and 'right of • . way acquired by either-of th-.! parties shall accrue to the benefit of the other party o.- parties, _ . • - . _ .. This Agreement shall inure to the benefit of and be binding upon • the heirs, successors, assigns and personal representatives of . .• : the parties hereto. . ..:% ••;..., I Dated this iiiet- day of May, 1989 . t. . . . • •,•••_ • . . .. FIDELITY TRUST BUILDING, INC. • •• * •- • . ..• •• By 5( .. , . . _ • • G. M. Wilkinson, President • .. . • • (Seal) • • .4. • - . . • G. M. Willtinson, Individually . , -,:-.. • ..-. 1. SMUGGLER DURANT MINING CORP. • 44ip ... . . . . -.- , .. ..• -iO3(..,fi -..... ._ . ..,. -.-- o:.r.,c) 1...-'''. - • . BY -1 , 4112 . . ., ..., - M \44...........„ :, /. -r . • .1 .354 3I CZ : Phyllis Kotetn, President • --"IA.4-.<;, ..;;:,-.: .-",.." (Seal) • -'llie •• 0 • .et 0 ACKNOWLEDGEMENTS - ',, ,•0 1 • ,• t . . • TATt' OF COLORADO ) 'fc 7- Ilk • • . 1 ' COUNTY OF PITKIN . ) • - ',.-: s . Zpe foregoing instrument was acknowledged before me on this day of May, 1989 by G. M. Wilkinson both individually • 41013.-..-4gretesident of Fidelity Trust Building, Inc. , an Idaho • ...,c`Aortiti.r.a. ;ISIAii-11. - Carol Jane Stem 0 TA r:'..v.`-::-.. - 'Th.:171.7,..k;IA:pm • - .., MY)-Fer*ission expires r:._ -- ...),....:Q3n.CO 8812 . . . ;. . 7:-. :.t:'.....• • i 7 Wii ;...:.“..:.:-It....cAp.ie.a 1/1 i1V4 .. , • - ? - . '..... .O..el f • - ..-S,7 ..r likL... • . ' • - • ": - -- 13 -. 1 • 1 IRMArf _.. • .. ,,.6,,,,,J0,:,0Rob Lic . . . _ .. ' . •• - - . . . • . . - '1- !*.::-: . 3 . H • . 1.". . % .-;:tz-41 . • . . - stv„,,...■::' e.6X/P .1:114-1, 4 :;-I, '•-: •-- -- • ? 1,:,.k . • -..... •• \ . , • 4% ' :—....... - . • .•,. • . • IA ' • -r . . .. . .3. - :...• • . ._.:..:.. .. -- , - 1 . . ' . .. . .. ..... ,.......,._._ . • .... .:. , BCX 533 .;-- •' --,,. - Boax DIM FA7432 ACKNOWLEDGEMENTS . , . . STATE OF COLORADO . ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me on this .-1• 1.50A- day of May, 1989 by Phyllis Koteen as President of the . ..-: Smuggler Durant Mining Corp. . -:-•:„- - ,... .,..a. y commis ion expTres ift/t(igl • ,4 . '..., • 4.7''. ... '- 1 r .. .. ,03.,.. ..,„ :, 7........,.0 ...: 0._,. .: ,...:. „0,„, • .•..,,,„ Notary Public :, \ ”. - . •-•••- -, : • -, . ITITAVT.T -4.. "`... -/V1.0t4 -z:,- :. 1- S' • .... • 1 : --;''S•.'• .4. '''':.'‘.,''. ' ;. --1.,40.•'•••• ... •S 1- ,,',• '4, •,/, • .. %)• LI I• , : i' ... • 1•-• 7 :r..7. i• . , .;- - :-- ■;7', .:..„- ,,..,., ...- ar-` ■ • .ii: a. ----,,, ;:•,. ;it t -.1 7:- s.,.. ,4-• .. ei- • , - - -, -..... • : : ,:". : 1.-■ii •,5' • ,•:. 3 (.,_ . ✓ .. :., • . .!, % ''l 1 7i 4 :.- ''. . ■ : 0 - : • "i." • it,'-P 't- • 4 • ‘, _. . -,...7-4m------ ---- *:,A • '.N: . .-. 1 ... • 1,1•1 :-.... 1 • '. - , l• .—....., ..,.. .,, • - ',..1 -.'::,.... • • • • Exhibit B MEMORANDUM To: Mary Lackner, Planning Office From: Chuck Roth, Engineering Department e� Date: May 16, 1995 Re: Timroth Access 8040 Greenline Review (Parcel in County;NW of Silverlode Subdivision, Spruce Street) Having reviewed the above referenced application, and having made a site inspection, the Engineering Department has the following comments: 1. Construction Fencing - Prior to construction, the applicant should be required to obtain a building permit from the City. There is no work proposed in a City public right-of-way, which work would be covered by an excavation permit. The proposed work is on an easement on private property. Prior to submitting the building permit application, the applicant should be required to install construction fencing along the entire length of the proposed work and at the limits of construction for the proposed work. No disturbance of vegetation should be permitted outside of the proposed limits of work and outside of the proposed easement limits. No sidecasting of excavated materials and no stockpiling of boulders should be permitted outside of the approved limits of construction. The building permit should not be issued by the City until the fencing has been inspected and approved. The project should be inspected during construction to confirm compliance. If the length is deemed too great for fencing at one time, the requirement could be modified to fencing on a phased basis, one hundred feet at a time, or one or two days' work at a time. 2. Vegetation - Regarding the removal of existing aspen trees, as an 8040 issue, the Commission may want to consider requiring the applicant to replace all removed aspen trees with new aspen trees on a caliper inch for inch basis. 3. Drainage - The applicant must provide for no drainage to enter the City street system both during and after construction. A drainage plan must be provided to City Engineering together with the building permit application. 1 • • 4. Emergency Access - The City Code requires twenty foot access width. This has been interpreted to mean twenty foot usable access on a year round basis. City Code also limits access grade to 10% whereas the application indicates a proposed access grade of 15%. The Fire Marshal should be required to comment on these aspects of the application. 5. Roadside Stabilization Plan - The drainage plan should include information about the proposed stabilization of cut and fill slopes to prevent erosion. 6. Avalanche and Rockfall Hazard - The Silverlode Subdivision and Williams Ranch Subdivision Plat indicates that the future Timroth residence will provide avalanche protection, but the limits of avalanche and rockfall exposure are not clearly defined. The final portion of the proposed Timroth driveway may be within avalanche and/or rockfall hazard areas. 7. Application Validation - The application makes statements about drainage, erosion, mine subsidence, grades, and hazards with no documentation as to the validation of the statements. That is, only a registered professional engineer is qualified to verify the statements in the application. The application should be revised to include a letter by a registered engineer that addresses these aspects of the 8040 review. The Engineering Department has confirmed that the proposed development is outside the Smuggler Mountain Superfund Site. 8. Dust Mitigation - Prior to issuance of a building permit, the applicant must provide a dust mitigation plan that meets the requirements of the Environmental Health Department. 9. Tracking -No tracking of mud onto City streets is permitted. The applicant must employ inch and a half washed rock, equipment rated blankets, or other techniques as appropriate to prevent trucks and other equipment from tracking mud onto City streets. 10. "As-builts" - The Commission and the City may want to consider requiring a sign-off from an engineer that the project was constructed and built as designed and approved. cc: Cris Caruso Albert Donna Timroth and Grant Timroth Leonard Oates M95.112 2 i CONSULTING ENGINEERS &ARCHITECTS 5 a s • BANNER ASSOCIATES,INC. June 9, 1995 2777 Crossroads Boulevard Grand Junction,Colorado 81506 (303)243-2242 Mr. Chuck Roth FAX(303)243-3810' 605 East Main,Suite 6 City of Aspen Engineering Department Aspen,Colorado 81611 € (303)925-5857 130 S. Galena Street r Aspen, Colorado 81611 RE: PROPOSED TIMROTH ACCESS ROAD ACROSS THE SILVERLODE SUBDIVISION t Dear Chuck: Pursuant to your May 16, 1995 Memorandum to Mary Lackner concerning engineering issues as they relate to the subject access road,I have prepared a grading plan showing both existing and proposed contours. Furthermore,I have addressed the drainage concerns by installing a drywell adequately sized to handle the difference between the developed and historic runoffs during a 100 year storm (return period). According to my calculations, a 1000 gallon drywell with 6" of 1-1/2" screened rock with a 40% void ratio will handle all of the surface runoff for the proposed access road. As you know, Mr. Timroth has no intent to pave the road and as a result,I used a runoff coefficient of 0.80 for the developed part of the rational method calculations. This is less than 0.95 which is typical for asphalt I or concrete surfaces. My drywell calculations are available should you require them for your review. I My design for Mr. Timroth's access road includes both fill sections and cut sections. Please note that these areas have been mitigated with boulder retaining walls in areas where the cut and/or fill slopes are in excess of a 1.5:1. The areas on either side of the road requiring boulder retainage have be clearly marked on the grading plan. - With regard to the grade of the proposed access road,the beginning of the road is in excess I of the 12% recommended by City of Aspen and Pitkin County road standards, however, the I standards are based upon access by emergency vehicles. In the event that there is an emergency, all i emergency vehicles will have access along the current Spruce Street alignment. In reality, there is access road near the beginning to less than a 14% grade due to the no way to lower the proposed a beginning �' existence of the Salvation Ditch.• We could rebuild the ditch with an inverted siphon,however, the ditch company is not favorable to inverted siphons largely because of the maintenance problems that are created. As far as the rockfall and avalanche hazards are concerned, I have included a letter from Bruce Collins, that was written for the SilverLode/Williams Ranch Development which addresses the rockfall and avalanche concerns across the entire SilverLode/Williams Ranch Subdivision Development, including the subject access road. Furthermore, I had Bruce Collins specifically ( address your concerns with subsidence that may exist as a result of old mine workings. It would appear, based upon Mr. Collins' study, that avalanches, rockfall, and subsidence are not a major concern with regard to the subject road. • • BANNER June 9, 1995 Mr. Chuck Roth Page2of2 Please feel free to give me a call should you have any questions or comments concerning this matter. Sincerely, ,e2/4') H s E. Brucker Design Engineer BANNER ASSOCIATES,INC. HEB:heb Enclosures: c:\wpwin60\doc\8161\accrd.let • - • • • BRUCE A. COLLINS,PH.D. 1116 MINEOTA DRIVE . • - SILT,COLORADO 81652 - Phone/Fax(970)-876-5397 June 2,1995 Hans Brucker Banner Associates,Inc. 605 East Main, Suite 6 - • Aspen, Colorado 81611 • Dear Mr. Brucker: In accordance with your request of May 31, 1995, I have examined information available to me - concerning the likelihood of subsidence in the vicinity of the Timroth residence access road,on the northwest flank of Smuggler Mountain,Pitkin County, Colorado. From this information, which consists of plan and cross-sectional maps of the various mines between the Roaring Fork River and Hunter Creek, it is apparent that the closest mining operations to the subject area were the lowest levels of the Smuggler Mine, 500 to 600 ft to the southeast at depths beneath the surface exceeding 1,000 feet. Based on these findings I conclude that the likelihood of subsidence in this area related to these workings is virtually non-existent. While it must be kept in mind that Smuggler Mountain was the • site of numerous prospect shafts, drifts, and limited workings not shown on known maps, such workings were not extensive,not visually apparent in the subject area, and thus also not likely to be of concern relative to subsidence. If you have any questions or require any additional information, please call. Very truly yours, • 4�h .. P o Bruce A. Collins,Ph.D. RfC PR0 lk•'c.01 \ • This work was prepared in accordance with accepted scientific and engineering standards and practices. It is based on data made available to Bruce A.Collins.Ph.D. ("the preparer")by Banner Associates.Inc.("the buyer"),and/or developed by the preparer from other sources. While the preparer has made a reasonable search within the Scope of Work for applicable data beyond that provided by the buyer,if any,preparer does not represent this search to be exhaustive,and will not be responsible for errors or omissions of fact or interpretation resulting from failure to identify all possible sources of applicable data. The preparer cannot vouch for the accuracy of such data that has been provided by buyer or obtained from other sources,and will not be responsible for errors or omissions of fact or interpretation resulting from incomplete or erroneous data. Since co trol of the information and use thereof passes to the buyer at the time of final submission,by accepting such final submission buyer agrees to indemnify and hold harmless preparer for any and all damages.direct,indirect or consequential,that may result from buyers use,application or distribution of the information contained in this work.Nothing in this report should be interpreted as advising or permitting buyer to ignore,avoid,omit or in any way not fully comply with all local,state and federal • rec;::c'".Ions. - s''. .r.frA fli JUN o E I BRUCE A. COLLI tS,PH.D. T I: .jam:._. . ..i.. .. _. :.t �... 111611$NEOTA DRIVE -_----------. ... ..- SILT,COLORADO 81652 June 1, 1995 pHONE/FAx(970)876-5397 Mr. Hans Brucker Banner& Associates 605 East Main, Suite 6 Aspen, Colorado 81611 Dear Mr.Brucker: In accordance with your request I have further examined the SilverLode Subdivision - Williams Ranch Subdivision areas with particular emphasis on potential avalanche and rockfall hazards. i i AVALANCHE AREAS The U.S. Forest Service rates the likelihood of avalanche on the basis of slope steepness (see attached diagram).' Avalanches are most likely on north-facing sparsely-vegetated leeward convex slopes between 30° (58%) and 60° (173%). Although I have not measured all slope segments within and above the proposed subdivision,the steepest slope noted to date,the ridge just north of the gully that extends from the Johnson Tunnel site and Smuggler Mountain Road down to and through the subdivision,is approximately 28° (53%). Most other slopes above the subdivision are in the 24° to 26° range (44% to 49%). Avalanches on slopes less than 30° are considered to be "rarer." Slopes within the subdivision are significantly lower. The slopes above the subdivision are for the most part west- to southwest-facing, planar to concave, face the prevailing wind direction, and are rocky and moderately to heavily vegetated with Gambel ("scrub") oak and a variety of shrubs and grasses. The latter two factors tend to anchor snow. Based on these factors the avalanche hazard in the subdivision area is considered to be slight. Regrading of the existing road above and along the easterly boundary of the subdivision to an inward-cross slope of 5° and the construction of the Timroth residence above the northeasterly boundary will tend to mitigate what hazard might exist. ROCKFALL AREAS The potential for rockfall is present wherever slopes with exposed rocks exist. A spherical rock can roll down a hard planar slope of 1°. In the same vein the rounder the rock the more likely it will roll down any given slope. On non-uniform slopes larger rocks will roll further than smaller ones, all other factors being equal, due to inertia, but are harder to "get going" for the same reason. Rockfalls (or in the case of slopes such as Smuggler Mountain, more accurately"rock rolls") are j inhibited by variations in slope, softness of soil, density of vegetation, tendency of the rock to i Anonymous, 1987,Winter recreation guide:U.S.Dept. Of Agriculture,Forest Service,Rocky Mountain Region, 6p. • MR.HANS BRUCKER PAGE 2 JUNE 1,1995 disintegrate upon colliding with other rocks, rock shape (particularly angularity), and many other factors. Rock rolls on slopes such the 24° to 28° slopes of Smuggler Mountain would most likely be triggered by human activity, including deliberate rock rolling, road grading, any construction activity on the slopes, and so on. Rock rolls can also be triggered by wildlife, freeze-thaw action, heavy rains eroding soil support from around and under rocks,rapid snowmelt doing the same thing, earthquakes, death and decay of vegetation supporting rocks, and other natural factors. • There are no known accurate predictors of rockfall (or rock roll). The Colorado Department of Transportation, in cooperation with the Colorado School of Mines, the Colorado Transportation Institute, and the Colorado Geological Survey, developed a rockfall computer modeling program 'ect. with other geotechnical studies during the Glenwood Canyon Interstate 70 prod in connection g , This program relies on several parameters,to which it is variably sensitive,which require extens ive field study, and which I have not been able to define.' Doing several trial runs, however, I have developed what might be at least an indication of the degree of potential hazard from rockfall. It cylinders,must be kept in mind that the program.only allows for three types of rocks, spheres,c y ,and disks (in theory rock angularity is taken into account in the surface roughness factor) and that the program assumes that the rock enters the cell domain(the surface profile from the defined beginning point to its closing point)already rolling(implicit here is the idea that the rock fell off a cliff above the defined slope area, and there .are no cliffs on the portion of Smuggler Mountain under consideration). Using what I consider to be a combination of educated guesses and conservative assumptions the trial runs produced the following results: ROCK SHAPE SIZE °10 PASSING ANALYSIS POINT* Spherical diameter 2 ft 0 2.5 ft 0 3ft 12 4ft 35 Cylindrical diameter 2 ft length 1 ft 0 3ft 2ft 0 4ft 3ft 19 Disk diameter 2 ft thickness 1 ft 0 3ft 2ft 8 3ft 1ft 11 4ft 2ft 43 *The east boundary of the subdivision. These trials included the old road graded as a berm. 2 Pfeiffer,T.J.,Higgins,J.D.,Andrew,RD.,Narret,R.K.,and Beck,RB., 1993,Colorado rockfall simulation program(Version 3.0):Colo. Geol. Survey Misc.Invest. Series tiII-39,60 p., 1 3.5"floppy disk. 3 Rock size;slope segmentation(the more segments,the more accurate the results);surface roughness,a function of rock size and surface(slope)irregularity(Pfeiffer,et. al., 1993,p. 15);tangential coefficient of friction(determines how much the component of the rock's velocity parallel to the slope is slowed during impact,influenced by vegetation,soils, other slope materials;p. 16);normal coefficient of restitution(a measure of the change in the velocity normal to the slope before impact,compared to the normal velocity after impact;most dependent on soil"softness;"p. 17); ® • MR HANS BRUCKER PAGE 3 JUNE 1,1995 In the context of this model the most accurate description of the rocks I have seen above the subdivision on Smuggler Mountain would be angular spheres to angular cylinders, with the vast majority.of exposed rocks less than two feet in maximum dimension. There are, however; a considerable number in the two-to six-foot range,and a few with a maximum dimension of greater than 10 feet. One of the most important factors to be kept in mind regarding rockfall on the slopes of Smuggler Mountain is initiation; there are no cliffs for rocks to fall off of, so one of the other trigger mechanisms discussed above would have to be involved,and they are much more rare. In my investigations to date I should note that all rocks observed have been well-seated in soil or wedged with other rocks. In several trips over the lower to middle slopes above the subdivision there has not been a single incident of accidental dislodging of a rock. One rock, angular-spherical in shape, approximately 18 inches in longest dimension, and weighing approximately 75 pounds, was dropped from.a height of approximately two feet in an area relatively clear of other rocks and vegetation; it rolled and bounced approximately 60 ft down slope before it was stopped by vegetation and soft soil, and did not dislodge any other rocks. The roclfall (or more accurately rock roll) hazard is considered slight. Regrading of the existing . road above and along-the easterly boundary of the subdivision to an inward-cross slope of 5° and the construction of the Timroth residence above the northeasterly boundary will tend to mitigate what hazard might exist. There will remain some possibility of rockfall,particularly with regard to rocks deliberately or accidentally dislodged by humans. The hazard is no greater than in other subdivisions and developed areas on the slopes of Smuggler,Red, and Aspen Mountains. If you have any questions or require any further information, please do not hesitate to contact me. Very truly yours, . (L2_6 t/ / J QF. pY�‘\\\p 11 ' �i�\. .P\,r\fJ�tE HU yo'•.rrOlcc11hh szr ��" 7016 <'. 0 Bruce A. Collins,Ph.D. , : N a: p�1P� .../ /i 7—' .• . :.=.: 174 '.`i Attach. II ''o h�jR\\\ � sow This work was prepared in accordance with accepted scientific and engineering standards and practices. It is based on data made available to.Bruce A.Collins.Ph.D. i ("the preparer")by Banner Associates,Inc.("the buyer"),and/or developed by the preparer from other sources. While the preparer has made a reasonable search within k the Scope of Work for applicable data beyond that provided by the buyer,if any.preparer does not represent this search to be exhaustive,and will not be responsible for errors or omissions of fact or interpretation resulting from failure to identify all possible sources of applicable data. The preparer cannot vouch for the accuracy of such data that has been provided by buyer or obtained from other sources.and will not be responsible for errors or omissions of fact or interpretation resulting from incomplete 4 or erroneous data.- Since control of the information and use thereof passes to the buyer at the time of final submission.by accepting such final submission buyer agrees to indemnify and hold . harmless preparer for any and all damages,direct,indirect or consequential.that may result from buyer's use.application or distribution of the information contained in this work.Nothing in this report should be i ne preted as advising or permitting buyer to ignore,avoid,omit or in any way not fully comply with all local,state and federal • S regulations. - • f . . . . . . . . , . • • r....‘ 0 IFr;)prIirr-11.- • ......:. I t. .., 0 ; . i ;:e'---*- • • • — ,. ..,. . .. , : ".: JUN 5 19.9.5 :.: --- 0 RAREn. o a, co 0, t., r ',''',',,',. , :,,;-'..4‘,..1.',',:-.""*F*,:,:;■:,:,, 7,1,-,-.,j''''',. ‘,4?7;1'..,:;;;',-7.--,.:1':',C"- A• 0 o\c:, ''',t,9p le , li ,,..,-‘,''.;'•-`' ',`:.., '",,,=_ _ 0 C3Q1 1 SLOPE .,,'1,!.,',' 1_ 7....::;—:., V1' 6•-•4.-Z,—.---,,,'=.,%,_,,,,,'.- —.. .....,.....,,,,,—„,—.......,_. :,.,, i L.,,•,'.., ' ,-Zz-47---."'",'",`"---------kr;_---,,e.,:,-,.0 ,-,- .-:. STEEPNESS , ,,,,,.. ,... ..,,,, ..,..,•,-..... .-....:-..v.----4-,r---- ,,.,.....-. .-:, ,,..,, -,>',„,., .,' - „...iFis.-1..T.z.=,._•,.?,;KI-ce,,,, tei'''-4„..;- 15 -:, , . .. ,, z-4..:"._:.,.,--,,,,f---;...,..-----..X.„-.. -,7,- „A- . ,-.•-- .... - -,,...,*,•'-'`.' ..s.,47K-1-7°,'2,:,-,-;-:'..":.V'.;:.":::-' -:'.:=---.'.-' 73 .' ': .,;:,...-,' 4,-r;.!-,pe.i.,g,:‘1".;.n'''Sr,-;-7/:`..r:'i;,-.:::';•- '17't*--' -'. ''. 73 ';';'-,:' IX,.f•1;,.'ff,„,,,P.:- ',t.',=.'P.: i-,'''''," 4...,''''';'2■'•-:■••"','-... 1 's''C-...2 ..':': ,S.''''' '-';';:',..,1.-y:,:'5":•C=',:,1'1,1::f.. 2,''''':,.q:,-. ' ' ''." `,;;::?-;',.--.: .',:!'..'.-,...11,-'''.',-f'';■':::.''''''':',. 7:'.:-.{''1,/j"-:j‘r'-'--,,,--: ':'' 1 - — I AFFECT OF SLOPE ANGLE ON AVALANCHE FREQUENCY 1 Winter recreation guide:U.S.Dept.Of Agriculture,Forest Service,Rocky Mountain. Region, 1987,6 p. i t i . i i 1 i i ; DESIGNATION OF REPRESENTATIVE AGENT AUTHORIZED TO ACT ON BEHALF OF THE APPLICANT THE UNDERSIGNED, hereby authorize Leonard M. Oates, Esq. of Oates, Hughes & _ Knezevich, P.C. and Hans Brucker of Banner Associates to act as our representatives in connection K ;with the application for 8040 Greenline Review for the Timroth Access. Dated: April /q , 1995. bert G. T.u oth' Donna M. Timroth grant C. Timroth timral\desig.rep •• -• - • EXHIBIT B i��' . .. . rtucgle_r MOC1t->;n ?a=ce? "n", originally parr of Cash Entry „• is Lccated in the NW/4 of the 5E/4* of Section 7, T. 10 540 A. 84 w. , 6th ::. , and is :rare p aiti La 1v desc:ib as follows: Beg ring at the Center— N 1/16 t`. r__:.e. of Se=-.`cr. 7, :Yh:.c_:: Ls t'-.e ::or-.:.east c:.-:her of Sc�..: 'ear .-.main P`rc21 _"E" wit:: the Basis of Sear .g :°' fr this , i.-Ir.. S.aa degr.l 5 115.2"-E. tO quarter corner of Sec. 7: - - - :c.,--' 1. TI-erce S. "01 Degrees 32' 43" W.,••5.47 feet; 0 ;:o.' 2. ",hence 5. :.00 CesTess 00' 56" td., 436.87 fart; m- • No. 3. Thence N. 33 Degrees 46' 27" w., 539.50 feet; • • :;o. 4. .Thence S. _88 D grees'35' 19" E. , 125.11 feet; - - tic. -5. Tence S.°89 Decrees 00' 27" E. , 175.00 feet to the Doi--:t of . :•'_ • :s 1.n 'g, 'conraimi g 1.521 acres, *;ere or leis-as'crscr-e= above• s 1,_;i±-vg:within Let 17, Section 7, Tcwnsciip 10 South, Pence 84 West of the 6th ∎s u ,::. , being Nor 1-''ier!y and Easterly of the tact conveyed by {ns�,arent recorded te, . •ck 131 at Page 425; nit d 0•I is The Soatherl'portion of the Pride•of .s enPatented Lode Mining Mill;U.S.M.S. • • F.) u #7883 which.is located In the Rat!: ano•i,ua (E 1/2) of Section.7, Tolvashlp 10 •• •,. m > • South, Range 84 West, 6th P.M, more fully described as follows: �' c' __ --.Beginning at the Northerly comer of the Southey portion etParceI'C'•The Pride of Aspen,U.S.M.S.7883 AM from which the C-E1/16 corner of said section 7 bears 1 > North 00•01'26'East 446.18 feet; is .0 Thence South 32•32'35'Feast 196.33 feet; i ' re, . Thence North 56'19'40' East 19 lees; :• "' Thence South 33'S0'52'East 72.49 feet; •t.• Thence South 76°30'51'West 166. 8 feet; • •• '• Thence North 00.00'36'East 254.21 feet to the point of beginning =. • • 1 • r p..Y:' :-.'Y..1.:......: • • • • - EXHIBIT C . ,:,:, 615 �- ?25 . A tract of Land located in the Northeast 1/4 and the Southeast 1/4 of Section 7, Township 10 South, Range 84 West of the 6th Principal ' Meridian, County of Pjt_kin, State of Colorado, more fully described as follows: • Beginning at a point from which the Center East 1/16 Corner of Section . 7, Township '_0 South, Range 84 West of the 6th Principal Meridian bears North 01°32'48' East 5.47 feet; Thence North 75°41'10" East 49.08 feet:(North 75°35' East 49.63 feet) • Thence North 75°37'15" East 140.73 feet; Thence South 00°17'31' West 217.49 feet; Thence South 00°21'42" West 25.69 feet;(South 00°05' West 25.74 feet) Thence South 56°19'40' West 219.53 feet;(South 56°08.2' West 219.78 • feet) Thence North 00°00'56" East 317.80 feet (North 00°01.9' West 311.85 • feet) to the point of beginning. • L NOTE: Calls shown in parentheses ( )-are Historical Calls • • • • , =:3bU494 /'3u/9-3 11: 2b Rec $. 00 24- 722 r v 457 'r ,ci. ✓i a Davis, Cnty Clerk , Doc $. 00 i EXHIBIT D RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS _. OF PITRIN COUNTY, COLORADO, GRANTING 1041 HAZARD REVIEW, GENERAL SUBMISSION AND CARETAKER DWELLING UNIT -APPROVALS TO ALBERT AND DONNA TIMROTH -FOR THE PRIDE OF ASPEN MS #7883 ON SMUGGLER MOUNTAIN - Resolution # 93-Zy1 RECITALS - 1. Albert and Donna Timroth, (hereinafter "Applicants") have applied to the Board of County Commissioners of Pitkin County, Colorado (hereinafter "Board") for approval to construct an access road, single family residence and caretaker dwelling on a parcel of land more specifically described in Exhibit "A" ; and 2 . The Applicant's request was considered by the Planning and Zoning Commission (hereinafter "Commission") at a public - meeting on March 2 , 1993 at which time the Commission granted ` Scenic Overlay approval by PZ-Reso-93-.12 and recommended approval of the applicant's request; and - 3 The Applicant's request was considered by the Board of - County Commissioners (hereinafter "Board") at fa duly noticed public hearing _on_ August 24, 1993 ; and 4 . The Board has found that the Applicant's request for 1041 - ' - - -- Hazard Review, General Submission and Caretaker Dwelling Unit to be consistent with the requirements of the Land use Code, subject to conditions. # )494 08/30/97 11 : ec $. 00 8K 722 PG 458 Si,iv2a Davis, F'iti- in y Clerk: , Doc $. 00 • • ' Resolution #93-/y/ Page 2 NOW, THEREFORE, BE IT RESOLVED by the _Board - that it does __ hereby grant 1041 Hazard Review, General Submission and Caretaker Dwelling Unit approval to Albert and Donna Timroth, , subject to the following conditions: 1. Prior to issuance of a building permit the Applicant shall • provide a 1041 Hazard Review Plat which meets approval of the Board of County Commissioners, County Attorney and Planning Office. a. The following 1041 Hazard Review Warning and Disclaimer - - shall be noted on the Plat: "The provisions of these regulations do not in any way assure or imply that areas outside of designated hazard areas will be free from hazards, or that approved mitigation measures will guarantee the -safety of any property. " :. . 2 . To mitigate potential geologic hazards on the property, the applicant shall follow the following recommendations of _ Nicholas Lampiris 's report dated January 13, 1989 and the County Engineer: a. The home shall be landscaped so as to divert ..surface -- flows away from the site. , b. Soils engineering studies shall be preformed at the site specific level to insure proper foundation design. c. Foundations shall be designed by a licenced structural - or soils engineer. 3 To mitigate potential. wildfire ,hazards, the structure should _ incorporate .--landscaping -with -:. wildfire :defensible space considerations as .follows: a. Brush, debris and non-ornamental vegetation should be - removed and maintained a minimum 10 ' perimeter around the structures - b. The applicant shall provide a 2, 000 gallon water storage tank for fire protection purposes. c. Addresses shall be clearly marked and visible with minimum 2" letters. Silvia -Davis, F'it' in. CntliFler•k: , Doc $. O° Resolution #93-/y/ Page 3 d. -'The access roads and driveways shall meet County Road and Driveway standards. e. The roof material shall be of a non-combustible material including metal, tile or asphalt; or, Class B Certi- Guard Red Label Shakes and shingles utilizing Class B construction techniques (1/2" minimum solid sheathing or better) . The residence shall meet the requirements of the Aspen - _. V Fire Protection District for the amount of water storage capacity and require flow, in addition to a dry hydrant or other external mechanism. g. The applicant shall follow the recommendations of the "State Forest Service Wildfire Safety Guidelines for • Rural Homeowners" handbook. 4. All utility extensions shall be located underr the access road and driveways to minimize ground and vegetation disturbance. 5. Prior to the issuance of any building permits the applicant__ shall submit an erosion/drainage control plan to the County Engineer for approval. This plan shall include the following: a. The applicant shall revegetate all disturbed areas within one growing season after completion of construction. b. The applicant shall include a drywell system to accommodate roof system and hard surface runoff. c. The applicant shall utilize a soils stabilizing fabric • _ on cut and fill slopes during the revegetation process. 6. The _applicant shall join a road improvement district for =:`"'Spruce` Street Extension, should one ever be formed. . 7 The applicant _ shall apply for and receive an access permit ,prior• ;to the issuance of any building .permits. 8 Prior -to submission of any building permit applications, the applicant shall meet the requirements of the Environmental Health Department for septic system, water supply and storage, air quality and contaminated soils. . 9 . To reduce potential visual impacts of the residence the applicant shall: � ._ #360494 08/30/93 - 26 Rec $. 00 BK 722 PG 46. . Silvia Davis, Pit . Cnty Clerk , Doc $.00 Resolution #93 4 / Page 4 a. Incorporate indigenous earth tone colors in the exterior. ' finish of the residence. b. Prior to issuance of a building permit the applicant shall provide financial assurances guaranteeing the survival of the proposed planting shall be made by the applicant. Such assurances shall be accepted by the County Attorney and Planning Office and will be released after* two full growing seasons assuming the landscaping improvements are determined to be healthy. c. A lighting plan shall be submitted to the Planning Office for approval, prior to issuance of any building permits. This plan shall indicate that no path, direct or facade lighting will be used on the south elevation of the residence. 10. The parcel is limited to a 7, 000 square foot residence, a 700 square foot caretaker, dwelling unit .and .a 750 square foot garage. 11. The following conditions requested by the Aspen/Pitkin County Housing Authority (APCHA) shall be adhered to by the applicant, for approval of the 700 square foot caretaker dwelling unit: a. The applicant shall provide a deed restriction, as stipulated in Section 3-8 . 13 (a) of the Land Use Code, to the APCHA for approval. Upon approval by the APCHA, the applicant shall record the deed with the Pitkin County Clerk and Recorder's Office prior . to issuance of a building permit for the caretaker . unit. b. Prior to leasing the Caretaker Dwelling Unit, the applicant shall notify the Housing Authority, and have the prospective tenant complete the required qualification forms and submit those to the Housing ; . . Authority for approval. c. the unit is rented, the applicant shall provide to the Housing Authority a copy of the executed lease at the time the unit is rented and upon every - - renewal of the lease term. 12 . All material representations made by the applicant in the application shall be-•adhered to and considered conditions of approval, unless otherwise amended by other conditions. Fr .8/-o/c7 11 : 2illeec 722 PG 461 • Silvia Davis,-ot-14q4 o Pitkin Minty Clerk , Doc $. 00 Resolution #93-/(// Page 5 13 . • The applicant is subject to the conditions of Planning and Zoning Commission Resolution PZ-93-;Z2, for Scenic Overlay approval. 14 . All development, except for the access drive, shall be limited to the designated building envelope. • APPROVED AND ADOPTED ON THE 24TH DAY OF August, 1993 . BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, Co .sRADO By 71/2 Bil Tuite, Chairman Date ATTEST: (//17:71Z -Jeahette Joney Deputy County Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: Tim Whitsitt Suza .e Konch n, County A ney Coust:, Planning Director reso.bocc.1041.timroth A L T'X C O M M I T M E N T SCHEDULE A Our Order # Q80173 { For Information Only ASPEN, CO - Charges - TBD Commitment - - TOTAL - - ****WITH YOUR REMITTANCE PLEASE REFER TO" OUR ORDER NO. **** Q80173 . **** 1 . Effective Date : April 14, 1995 at 5 : 00 P.M. 2 . "TBD" Commitment Proposed Insured: "TBD" 3 . The estate or interest in the land described or referred to in this Commitment and covered herein is : A Fee Simple 4 . Title to the estate or interest covered herein is at the effective date hereof vested in: WILLIAMS RANCH JOINT VENTURE, A COLORADO GENERAL PARTNERSHIP 5 . The land referred to in this Commitment is described as follows : LOTS 1 THROUGH 15 SILVERLODE SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED , 1995 IN PLAT BOOK AT PAGE AND LOTS 1 THROUGH 35 WILLIAMS RANCH SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED , 1995 IN PLAT BOOK IN BOOK . ALL IN THE COUNTY OF PITKIN, STATE OF COLORADO PAGE 1 AL , C O M M I T M E N T III SCHEDULE B-1 (Requirements) Our Order # Q80173 The following are the requirements to be complied with: 1 . Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. 2 . Proper instrument (s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit : 3 . RECORDING OF ANY AND ALL INSTRUMENTS PRETAINING TO OR REQUIRED FOR WILLIAMS RANCH SUBDIVISION AND SILVERLODE SUBDIVISION, INCLUDING BUT NOT LIMITED TO: A. PROTECTIVE COVENANTS FOR SAID SUBDIVISONS B. SUBDIVISION IMPROVEMENT AGREEMENTS FOR SAID SUBDIVISIONS C. PLAT OR PLATS OF SAID SUBDIVISIONS 4 . PARTIAL RELEASE OF DEED OF TRUST DATED January 25, 1995, FROM WRIGHT & PREUSCH MINING, LTD. , A COLORADO CORPORATION TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF SMUGGLER-DURANT MINING CORPORATION TO SECURE THE SUM OF $1, 100, 000 . 00 RECORDED January 26, 1995, IN BOOK 772 AT PAGE 666 UNDER RECEPTION NO. 378436, AND RE-RECORDED FEBRUARY 8, 1995 IN BOOK 773 AT PAGE 546 UNDER RECEPTION NO. 378813 . 5 . DEED OF TRUST DATED FEBRUARY, 1995 FROM THE WILLIAMS RANCH JOINT VENTURE TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF PITKIN COUNTY, COLORADO TO SECURE THE OBBLIGATIONS AS CONTAINED IN THE SMUGGLER MINE SUBDIVISION IMPROVEMENT AGREEMENT, RECORDED MARCH 6, 1995 IN BOOK 776 AT PAGE 453 UNDER RECEPTION NO. 379795 . 6 . WARRANTY DEED FROM WILLIAMS RANCH JOINT VENTURE, A COLORADO GENERAL PARTNERSHIP TO "TBD" CONVEYING SUBJECT PROPERTY. 7 . DEED OF TRUST FROM "TBD" TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF "TBD" TO SECURE THE SUM OF n/a. THE COUNTY CLERK AND RECORDERS OFFICE REQUIRES RETURN ADDRESSES ON DOCUMENTS SENT FOR RECORDING! ! PAGE 2 A L T C O M M I T M E N T • SCHEDULE B-2 (Exceptions) Our Order # Q80173 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 . Standard Exceptions 1 through 5 printed on the cover sheet . 6 . Taxes and assessments not yet due or payable and special ,assessments not yet certified to the Treasurer' s office . 7 . Any unpaid taxes or assessments against said land. 8 . Liens for unpaid water and sewer charges, if any. 9 . THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT AREA. 10 . RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED December 22, 1909, IN BOOK 136 AT PAGE 365, RECORDED MAY 20, 1949 IN. BOOK 175 AT PAGE 162, AND RECORDED DECEMBER 24 , 1902 IN BOOK 55 AT PAGE 116 . 11 . RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED November 22, 1910, IN BOOK 136 AT PAGE 373 , AND RECORDED DECEMBER 24, 1902 IN BOOK 55 AT PAGE 116 . 12 . THE EFFECT OF RIGHTS OF WAY FOR ROADS, DITCHES, TUNNELS, DRAINAGE AND THE RIGHTS OF THE PUBLIC, IF ANY, TO USE THE SAME, INCLUDING, BUT NOT LIMITED TO: A. THE SALVATION DITCH 13 . PERPETUAL RIGHT OF WAY AND EASEMENTS TO EXTEND OR DRIVE LEVELS OR TUNNELS THROUGH THE SUBJECT PROPERTY AS SET FORTH AND RESERVED IN DEED RECORDED MARCH 30, 1895 IN BOOK 131 AT PAGE 425 . 14 . EASEMENT FOR SMUGGLER MOUNTAIN TUNNEL AND TUNNEL SITE AS SET FORTH IN INSTRUMENT RECORDED JULY 9, 1889 IN BOOK 68 AT PAGE 404, ALSO KNOWN AS THE COWENHOVEN TUNNEL AS SET FORTH IN INSTRUMENT RECORDED SEPTEMBER 3 , 1889 IN BOOK 68 AT PAGE 570 . 15 . TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN AGREEMENTS RECORDED AUGUST 30, 1988 IN BOOK 572 AT, PAGE 72 . PAGE 3 s A L T!, C O M M I T M E N T • SCHEDULE B-2 (Exceptions) Our Order # Q80173 16 . TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND EASEMENTS AS CONTAINED IN INSTRUMENTS RECORDED JANUARY 25, 1985 IN BOOK 480 AT PAGE 494 AND RECORDED APRIL 2, 1986 IN BOOK 508 AT PAGE 312 . 17 . TERMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENTS RECORDED MAY 25, 1989 IN BOOK 593 AT PAGE 352 AND RE-RECORDED MAY 26, 1989 IN BOOK 593 AT PAGE 429 . 18 . TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND RESTRICTIONS AS CONTAINED IN ORDINANCE NO. 94-15 RECORDED JUNE 27, 1994 IN BOOK 754 AT PAGE 194, AND RESOLUTION NO. 94-110 RECORDED SEPTEMBER 9, 1994 IN BOOK 760 AT PAGE 909 . 19 . TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND EFFECTS OF PARTIAL CONSENT DECREE RECORDED MAY 11, 1994 IN BOOK 750 AT PAGE 227, AND ANY AND ALL UNRECORDED INSTRUMENTS PERTAINING TO CASE IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO ENTITLED THE UNITED STATES OF AMERICA (PLAINTIFF) VS . SMUGGLER-DURANT MINING CORPORATION, ET AL. (DEFENDANTS), AND THE STATE OF COLORADO (PLAINTIFF) VS. MAXXAM, INC. , ET AL. (DEFENDANTS) , CIVIL ACTION NUMBERS 89-C-1802 AND 92-C-620 . 20 . EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLAT OF SMUGGLER MINE SUBDIVISION RECORDED MARCH 15, 1995 IN PLAT BOOK 36 AT PAGE 77 . 21 . TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN ORDINANCE NO. 07, SERIES OF 1994 , RECORDED MARCH 15, 1995 IN BOOK 776 AT PAGE 299 AND EASEMENT AGREEMENT RECORDED MARCH 15, 1995 IN BOOK 776 AT PAGE 301 . 22 . TERMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER' S AGREEMENT AS CONTAINED IN INSTRUMENT RECORDED March 15, 1995, IN BOOK 776 AT PAGE 307 . 23 . RESERVATION BY WRIGHT & PREUSCH MINING, LTD. , OF ANY AND ALL SUB-SURFACE AND MINERAL RIGHTS BELOW 50 FEET BELOW THE SURFACE; HOWEVER, SPECIFICALLY WITHOUT ANY ACCOMPANYING RIGHT TO USE OR IN ANY WAY BURDEN THE SURFACE ESTATE TO OBTAIN AND USE THE BENEFIT OF THE OWNERSHIP OF THE SAME, AS SET FORTH IN DEED RECORDED. MARCH 22, 1995 IN BOOK 776 AT PAGE 880 . NOTE: LAND TITLE GUARANTEE COMPANY WILL MAKE ADDITIONAL EXCEPTIONS FOR THOSE INSTRUMENTS RECORDED IN CONNECTION WITH ITEM NUMBER 3 , SCHEDULE B-1. PAGE 4 L A N D T fT L E G U A R A N T E O C O M P A N Y DISCLOSURE STATEMENT Required by Senate Bill 91-14 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 from the County Treasurer or the County Treasurer' s authorized agent . C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Required by Senate Bill 92-143 A) A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer' s authorized agent . • • ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone 920-5090 FAX 920-5439 MEMORANDUM TO: City Attorney City Engineer Aspen Fire Protection District County Attorney County Engineer FROM: Mary Lackner, Planner RE: Timroth Access 8040 Greenline Review Parcel ID No. 2737-074-00-001 & 007 DATE: April 21, 1995 Attached for your review and comments is an application submitted by Albert and Donna Timroth and Grant Timroth Please return your comments to me no later than May 15. Thank you. AS• PEN/PITKIN PLANNING OFFICE• 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 FAX# (303) 920-5197 April 21, 1995 Lenny Oates Oates, Hughes & Knezevich 533 E. Hopkins • Aspen, CO 81611 Re: Timroth Access 8040 Greenline Review Case A55-95 Dear Lenny, The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. We have scheduled this application for review by the Aspen Planning and Zoning Commission on Tuesday, June 6, 1995 at a meeting to begin at 4:30 p.m. Should this date be inconvenient for you please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. If you have any questions, please call Mary Lackner the planner assigned to your case, at 920- 5106. Sincerely, Su ne L. Wolff Administrative Assistant forms:apz.no.ph , • •..; .41;-•2...-.."•":: :,.., ••• • • „ . • . • - B,rO7-O;- 59.....3.t.t..i.,,P...A.4G.E%•7•-•43-.7.1.....'-, -r.i....'.1....,:lh. "-....6..-..t..t. 4,i',47•,....".-,-_.'1,..: A.. . . . ,. .. , - . -, , ; . . „, .,..--, • _so. rr, r • : •..? .:... .7; rt.•• '• •-t ,'- ''-• .11 I.:i ? : ,...: . ' ;• (:. :,. ',': ... .. . !.,; n..; ;," ....;'•'•1 ict 7 :f • 1 .• ...... r •.c: I, . . ....... . .:...... ... til ; .. ... 2, s' 1 qq- . rti :St, .: • ! , 1, - ;'. . I !ii, ..' 1 .!!;'■ 1.;! i'';61' : ::. * ' : . ..... :If t ; . . :1 Oi ',1••t i;It ;. .., ;! 1;p OP, WI : 1;:l; ■'. 11 1 ":: i4 ,..: , ,...,: „). ,,,k, : - • - ,-, . - - , - 1.!-• -. -.,--"-r . ic; • .1.; ; . , r, izi- , :c., , ,li . , Li.; I :,=, 4.- , / . . .. , , 1;it , , t • ......., ,.. , : • . ,. = ...,- I:.t: , , : ,. • I .ii ! ,, J! te,1 • 1,1 1 I's 13". 1 ii° , •'4117 r : . ::1----• -: ;It !II ---1,;•. I ,` Ifirt i i t 1 •; :: ••., i 41; i 1 itr •qc.• / WI . 1 ; i 11' '''t .; i: ..''17) .z s'.fl i ! • r'l t 1, !;tis .11 .111 It 1 ;": j. I . ... 74 : :IP. 7i 2 , , t , i: i i , 1 ill 2-: t-•,. !1„ • ill .., , : tit • ., . I !,,,. ILI , j ■ . t I: . il 1 5! :t,r 1:... 1• .j , .t. ! ' ,. Fri r • ' 1 .11 I 1 t's, 3 'd '.1,•! !. 4 ‘,:•: ,•.; • i nii I' : ; 1: • ! t ! ; it .4 E, pil ,0.1 4 11;, I 4t 1 .: t ql I i.::•t 1.1. ' ',1 1 ',.-.?. ;1'., '.70 •-• -,.....--: i . it , .01 ,):' - " q op ... Ir. i.;. ;?.1 '. / ;": :I .it ult.) . ,!:• , g . ft?: •. ! ; ...,4 4.? , , .1 4 ..., __... . . ., 0(1 •jr1 t i 1 • . :. I 4 t , ii 1 I I I t F'.., ■ t- . 07 •T • t. ; i. .., ...; I' t .; I.. , i ' ;Ili' • . •- t.• t '.1t...tt 1 t i ,... "r• • . , .:. -. 7, -. -, -., , ,„"; l' ' ':il • •11 •10...; ,, 1 t ",.' :, 1 .:: : •••ii i't ...., ,i I. ti 4 .t,tt 0. : ;IS' : :WI it-•,--!: rrt r 1 r 1 l',7. 0, r !:= i• %., li :7 s." '' ' •• tr,:. r.. > ;... ''■ C' 71 It ';' r • • - t., 4:7 ! r;', :1 rr, r•r. r •; .),t; ; , II{ 1- ril.! 1,1",-;; ",j7 f,..• i ? ,Ir '.I: Z.;;; 7.1.-711!! i.4; 1 ! i!! I-7: T Ili ::jiIi 1;!.!;. Zi 7. .! :!: ,,s', Et yt I:1 !I ,%.1::;t:so :t; '„ 0 0.iif i ' :; l• :ti' t71 1 7 !):11 7. t•::.- ; :ii ;1i sr gl. ! ; '00:ii: = 7.; ;7: ,: !!!! t :. l;E.,, • ;!f'! : ',!: , . Li 1 Iii.;;11;i:Ild ili= 1 ;;-.; 't, i!i7 irt'; •:7 w v. g lit* ••/ •,'rr ::• ; ./i ;.11:":4;ititiv“;1",.;$1:t .iy;i1..t:?!.!: :!1•7,-1; 1;t1,;. Ft I . •411 1 ! i 1 ,,,' ' '- i-,', . , , . ili ••••3 3 Nit: roti'ir ii.i.;::'.;;;:.4J.:;:- 11.:,..;! il itt;,,r.. i . . i ti•• F:t•;I' -•i:.•7'0';;i;:rjt;!':ii1:7.1;101,,i;%;;.{111;! :11 .I:11. F.' .•' ' I ; 1 141 I ; 1 ';Il . • 1 4{ . 1 ii't:: 11:Z4 f.. .. . a. •. .. •• • • 4 . . . , 9 • i• .... . a ! 9 1 [X ND 01 i . - q - - Cf-kn .., ".• . ., t .o Cn 4 ■ .kall i • • :' y . 1;3i 5, ' i!: 77• t: .. i . 1 AN . i2r - • 1 " hr'.il • . ...' -' % 4:: ! -,. ;•,. ir . ;,” 4; - 0!.• . . 1 - 1-'• .7t Ai: 1 ili•- tr .... 'i \ :::. \ :: . \ ..,...0 t 1r; 1 • ' !''. :: 2 i . \ _ , t•7',.., 74.. . 7 ., .....;,• -.. . • / ';, " Pi. ' ••••;.,...i• .,•.. • ••• -::, , ...V.r.... -...\ ;.■ \ ! •rt. \ ; 4c ' •••••••••• ••••••• C • .i!J'-? Lu ft . t • - 17 v E:......--:::* r. d:; ,... '7., , ••.,., .=.=:.:::::. ...---...."•••:„7.--4'' • „i. :i...-.t "..1 It; ,._ ....• ,• 4. - • \ -:-1 )1!. 44.K-;•).‘•7 - ,..- , ' . •...:• ;11 • 7><"--..1 : . ., :-. • A, : s ti L• \ 1,-•;-.• ..);_.,, ..; .• - 4,i .,,,• \. ,A.I.', • ,,-.<•:,, • ...'.....4,4 , .: ....0,., i'..e. • Till •-•.-, ;.0 .., i 5 :••I.,..1.?... e.I /...,;•,.. .,,,,, .... ,...; ,I.. ,...,......1, ;Ti 9.. ..1 •'•_, .21 . ' . I4 ; ; ; ;7 '. "3 ::•;f1,--(t(C,--',...- ,':.',.'4 i•• i _.,_,......... :412iti •••• ' ,- ,, ,•',/- •14'. 4: • 1 . 1 3 *1!; t-.; . - . • . ., :/..',;',// ji -;'. f.:•!,•.:•: r.:::... On ) . ' - • •41 ,//,-..1.„-f,, i; T7 LI.;f•:.:7 1.•'-' ,' tt, • - • _ \ _ ,. A•hq;-x41" E‘ ); / .-1 Lr..Z.".1; ----;;;..'• I I-- I I /S1:.•/‘\ 11; : ..77:::.; ;;-;,,. ..,..1 s i .. ii! --. -.... -,:f ..:4 •.,-,„. ...,..,..,... ..;,..?.::':,...i.,„,,...:;,.4.:„...;•..-„. _„..„:„J...:.0e - - - • .. • , ..,. •,..\ „kir. , „, .7: ..-.:! ,• .. ... ..,..-;:'',.-.•,:-.;:-,--.. ...f,:F=.1,...,. ; -,-, 5. / A ..... !;;,... ?..-...-:'.:1.:-;•:!'..?7,;-:.',-'.'. ...'.: \ / • 7. \ 'II .2 1. 17.; - !.. ri. :::-.1".:.:;.!.1,':-. -7-:.-F-_-:.•_--_:-.. ..:;.7,-'1, - ' "i'. .-::.'r:7:7:-.:" -.--- - - it .,74 71.i> , •N 1 ;'• :::::. :ti7! - -? 07/ i ... ::::',...,:.•"'.,:::;...•••••,',... -.-.,:,,•t..,..4,-..•.:•••,-„:::-_,,,,,,-;.:..,. ..:::.•-_;,.,-.__ .5:, . ,- -i • ' 3.4 ''''' i":1;•- -...-.a ,:- :,1:11 . .._.,_ .,_ ,t 7.7:: \ ,1 .4.1:- ,-1,_'.7;.:,_ s .. , ; , :-. . - •. r • -, '\/' . ........ - .-- 117 • , .-• , - Pi I --..: ''. .---: 1 N) ..' ' ^ ..• •-• :I: v,;\ • - ;1 . r:t ' . '''.. :::• .:::: ,, ?: :7.7:::i ;:.7 . I. --''. 4 - . g: a . :;i •..,, 11 -,i i _ • •,,,.... ____ + moms, . •_ti; 9 :, ..„,...,... .., •a-.. :: ..i ..1',Z ,.....:2 I,ii ' t. 1 II.: ••••••:;:j ''•-,:•.. I .1 I .,.., ...... •i• ' . . . • • I V, i • I 1 , 11; :. : I qlt 1 I ' •''‘'7W • ', ! i • ,7::: 1/ "r s•. 1: I , - ! ; :I 1 : , _ .,...%.- -I': '1 i■il jt ; i .. •- il i , is .•:: • ; :It' ..ii i ; • ' t i 1 ' pooft Copy ... , ;. 4• ... ::: - ct,.. 1\1.ti,•.1 - 4.. . 7-.' '■ %•(,,If • .5 . . : • . • • . it 4:-..:-:,'', ,Z$Ti --44141FAIIFASig.,. , ". - la -' `,4' • .r....7:..,..ir....%,. . ._ • s,� . , � 3. f . �r ,_ • It _, ` . • •••••• r' - - •••••• 2. r s•;.r • • ' ' : . ...'i' ,- .. '' .- ' i '''..t. .. i taiE • 4 _ fF:p _"4 ♦ Y is]I • ' - Y • • '1112110-9461.000- ( . l / • z,', r ,\. - 4 `at .ate y I,`y i. • • ter.° 'Y _ •-ti .P �,s y• � � �� 1.. e '•` • .hk of i•-‘,•,/,', Y. `••! //. • � 4 k '- t` t , r/ -7 ¢„s fi l'" • - .''C7 1-tr ii�rY:4'Yy� ,- � �` • +i` is ... .-w `7`<k!b. ft• . -4• .:.-/ - _ .`iii. ia-'i ! �� 'r'f''4 • tij '- >,. 44 410/s- Fv `5 i• • dip.. .... t 1._ '..s-- ,+,.. i r': -d.'' .a ,�' 5 a•.. tic, - .. .- `^:Li.' - ,%;- ..1+tv.'h."Fsa`-idr3s •- • •'!S!.- ,-