HomeMy WebLinkAboutcoa.lu.sm.729 E Bleeker St.A38-97
CASj~AD SUMMARY SHEET. CITY d~SPEN
DATE RECENED: 5/12197
DATE COMPLETE:
PARCEL ID # 2737-073-60-008
CASE # A38-97
STAFF: Chris Bendon
. PROJECT NAME: Higbie Stream Margin Review
Project Address: 729 E. Bleeker Ave. Aspen
APPUCANT: Don Higbie/Joan Metcalf. ~Ge.- ~h
AddresslPhone: 729 E. Bleeker, Aspen
OWNER: same
AddresslPhone:
REPRESENTATNE: Don Higbie
AddresslPhone:. 729 E. Bleeker, Aspen 81611
RESPONSffiLE PARTY: Applicant
Other Name/Address:
FEES DUE
PLANNING
ENGINEER
HOUSING
ENVHEALTH
CLERK
TOTAL
$450
$110
$0
$0
$ t1
$5~0.
FEES RECEIVED
PLANNING $450.
ENGINEER $110.
HOUSING $
ENV HEALTH $
CLERK (9 $
TOTALRCVD $5'0.
# APPS RECENED 6
# PLATS RECENED 6
GIS DISK RECEIVED:
TYPE OF APPUCATION
Staff Approval
P&Z
CC
CC (2nd readin )
REFERRALS:
D City Attorney
.fd City Engineer (DRC)
D Zoning
D Housing
D Environmental Health
mI Parks
DATE REFERRED:
D Aspen Fire Marshal
D City Water
D City Electric
D Clean Air Board
D Open Space Board
D Other:
INITIALS:
D CDOT
f$ ACSD
D Holy Cross Electric
D Rocky Mtn Natural Gas
D Aspen School District
D Other: .fit1~/W'.ildl,k
DATE DUE: /104 fQc~}
APPROVAL:
Date:
Date:
Book
?~V77
, Page
CLOSEDIFILED DATE: Vl!l1lq1
ROUTE TO: 7V ;"f''''-'- (lI"f'"lI'_r
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INITIALS: ~
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TO:
MEMORANDUM
Nick Adeh, City Engineer 1\ o'PRO\fE.O
Stan Clauson, Community Development Direelm'
~ " \9?J1
Julie Ann Woods, Deputy Director . \l\f.\'l '2. ;) .
. c. . D\\\EC\O\\
c'\\;'i,~1
DeJ<.'"v "<
Christopher Bendon, City Planner . ~ COl/l\ll\l\\lii elii of ~S?I'.\\
Creektree Stream Margin Review (a.k.a. Higbie), 729 East Bleeker Street
THRU:
FROM:
RE:
DATE:
May 21,1997
SUMMARY:
The applicant, The Creektree Homeowners association, is requesting a Stream Margin
Review Exemption to reinforce the bank of the Roaring Fork River along the subject
property. The original plans submitted were for a permanent solution to the problem
requiring work to be done from within the river. This is not appropriate for approval
considering the river's current rate of flow. Because ofthe high water, the applicant is
requesting approval to construct temporary gabions to protect the property while more
permanent and appropriate solutions can be considered. The gabions will be removed by
October 31, 1997.
Staff recommends approval of this Stream Margin Review, with conditions.
ApPLICANT:
Creektree Homeowner Association, represented by Joan Metcalf. Originally submitted
by Don Higbie
BACKGROUND:
City Staff, the applicant, the applicant's engineer, and a contractor made two site visits
to the property to discuss temporary and permanent solutions. It was determined that a
permanent solution cannot be constructed until this Fall and the best interim solution
would be the construction of gabions to protect the river bank. This will give the
applicant sufficient time to consider a permanent solution for construction this Fall. The
temporary nature of the approval will ensure the aesthetic character of the River is
maintained.
STAFF COMMENTS:
Section 26.68.040(C) Exemption. The expansion, remodeling, or reconstruction of an
existing development shall be exempt from stream margin review if the following
standards are met:
1. The development does not add more than ten (10) percent to the
floor area of the existing structure or increase the amount of building
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area exemptfromfloor area calculations by more than twenty-five (25)
percent.
Staff Finding: The applicant is not proposing any addition (0%) to the built
structures on the parcel.
2. The development does not require the removal of any tree for which
a permit would be required pursuant to Section 13.20.
Staff Finding: The contractor will need to tie-up the branches on, or otherwise
protect, the Spruce trees near the parking lot to prevent damage. There are Aspen
trees along the bank of the river that, regardless of size, are important to
stabilizing the bank. The applicant may not remove or otherwise damage these
trees.
3. The development is located such that no portion of the expansion,
remodeling or reconstruction will be any closer to the high water line
than is the existing development.
Staff Finding: The applicant is not expanding, remodeling, or reconstructing
structures on the property. This development will prevent the high water line
from becoming closer to existing development.
4. The development does not fall outside of an approved building
envelope if one has been designated through a prior review.
Staff Finding: The original plat for the development does not have designated
building envelopes; therefore, this standard is not applicable.
5. The development is located outside of the special flood area and
more than one hundred (100) feet measured horizontally from the mean
high water line of the Roaring Fork River and its tributary streams, or
the expansion, remodeling or reconstruction will cause no increase to
the amount of ground coverage of structures within the special flood
hazard area.
Staff Finding: The applicant is not expanding, remodeling, or reconstructing
structures on the property and there will not be an increase in the ground
coverage.
6. All exemption are cumulative. Once a development reaches the totals specified in
Section 26.68. 040.C.1, a stream margin review must be obtained pursuant to Section
26.68. 040.B.
Staff Finding: This is a temporary solution. The applicant is subject to all
required approval for further bank stabilization.
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ARMY CORP. OF ENGINEERS COMMENTS:
Mike Claffey (970.243.1199) of the Army Corp.. of Engineers had the following
comments:
He approves of the plans submitted but does not have the time to write a letter to the City
Engineer confirming his approval of the project. He strongly urges the City to approve
the application as soon as possible. The work is covered under Nation-Wide Permit #13
and the applicants do not need a letter from the Corp. to proceed with their plans.
He does not think the pylons idea from the City Engineer is a good temporary or
permanent solution. If any gabions are used, he wants them removed.
ADDITIONAL STAFF COMMENTS:
There are several trees along the route the contractor would use to gain access to the
river. The applicant should not remove or damage any of these trees during
construction. Along the river there are several trees that mayor may not need permits to
remove. Regardless of size, these trees are stabilizing the bank and should not be
removed.
There is a rock wall along what appears to be the common boundary with the parcel to
the south. This rock wall is approximately three feet from the edge of the applicant's
building and possibly too close for heavy equipment to pass. According to the
contractor, this rock wall may have to be temporarily altered to allow machinery access.
If this is actually the property bowldary, the applicant should gain written permission
from this land owner, or homeowners' association, to remove and replace this rock wall
and to use their property for access. Without this written approval, the applicant must
perform all work within their legal property boundaries.
The City does not want these gabions to become permanent fixtures in the river and is
recommending they be removed by October 31, 1997. Removal should mean removal of
all components of the gabions, including wire structures and rocks. To ensure
compliance, Staff is recommending a $500 per day penalty be assessed to the
homeowners' association for each day the gabions, or parts thereof, are in the river past
October 31,1997, without approval.
RECOMMENDATION:
Staff Recommends approving the Stream Margin Review with the following conditions:
1. The applicant may construct and remove gabions at 729 East Bleeker Street along
the Roarkg Fork River to prevent the erosion of the river bank and the destruction of
property.
2. The applicant must obtain a building permit which shall be valid for both
construction and removal of the gabions.
3. No trees shall be removed or damaged during construction or removal of the
gabions.
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4. The applicant shall obtain permission from the southern neighbor to cross their
property for access to the river and for any alteration to the rock wall along the
property boundary. The applicant shall limit the extent of disruption to the southern
property and shall be fully responsible for repairing, replacing, or reconstructing any
damaged property to the satisfaction of the owner. Without this expressed written
consent, the applicant must perform all work within legal property boundaries of the
Creektree Homeowners' Association.
5. The applicant shall anchor the gabiolls in place and shall be responsible for
removing any gabion, or part thereof, that is carried downstream.
6. All components ofthe gabions, including wire baskets and rocks, shall be removed
on or before October 31, 1997. The Creektree Homeowners Association shall be
assessed a $500 per day fine for each day said gabions, or any parts thereof, are
within the high water mark without approval. This fine shall be assessed and
collected by the City of Aspen.
7. The applicant mllst obtain all required approvals for any further bank stabilization to
be done at this location. The applicant is strongly encouraged to continue working
with the City of Aspen for the approval ,of a permanent solution.
ApPROVAL:
I have reviewed the request to construct temporary gabions in the Roaring Fork River at
729 East Bleeker Street, agree it is the best interim solution for preventing further
property damage, and recommend approval of the Stream Margin Review Exemption,
with the conditions listed 1-7 above.
4~ ~<'k/J,
/, Nick Adeh, City Engineer
CITY ENGINEER COMMENTS:
The applicant must call the City Engineering Department (920.5080) for inspection of
gabions during ground preparation and installation.
I hereby approve this Stream Margin Review Exemption for the Creektree Homeowners'
A=,;."o~ 729 "" Bloo,", &,.... ~~"" 1-7 ,b",
. '5 , ~..1., q 1
Stan auson, munity Development Director
ATTACHMENTS:
Exhibit "A" - Application
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Thomas JUlspaugh - Manager
River Park in Aspen
140 North Spring st.
Aspen, Co. 81611
Rick l'lcGill
323 Grove Ct.
Aspen, Co. 81611
MAY 1.;\ 1991.
11,1." .
Dear Rick,
Per our conversation on 22 May, 1997, I grant you permission
to remove up to 10 feet of the rock division wall between River
Park in Aspen and Creek Tree Condominiums fOj the purpose of
access to the river banlc in order to reinforce the bank between
Creek Tree Condominiums and the river. At the end of this project,
it is your responsibility to reinstall this rock wall and the area
around it to its original location and grade prior to the beginning
of your project, at no cost to the ovmers or owners' .association
of River Park in Aspen. Any deviation from this agreement must
be approved in writing prior to the beginning of work involving
the property of River Park in Aspen.
Thomas Allspaugh
;:Jt~ ft~/
Phone: 970-920-4660
Pager: 970-928-6397
ENGINEERS
SURVEYORS
r"'o; ~\'pJr-k
~ b,..~P.O. Box 2155
Aspen, CO 81612
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(970) 925-6727
FAX (970) 925-4157
SG
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SCHMUESER
GORDON MEYER
May 22, 1997
Mr. Chris Bendon
Aspen/Pitkin Community Development Dept.
1 30 South Galena Street
Aspen, CO 81611
RECEIVED
~
MAY ("9' 1997
ASPEN I PITKIN
COMMUNITY DEVELOPMENT
RE: Creektree Subdivision Streambank Repair
Dear Chris:
Attached for your review and submission to the Building Department are some quick section sketches
of a gabion basket embankment repair as a temporary protective measure to the streambank along the
Roaring Fork River at the Creektree Subdivision. As you know from our site meeting of Tuesday the
20th, it has been determined by the City's Development Review Committee (DRC) that the Roaring
Fork River has already risen too much to permit the use of heavy equipment within the channel to
establish the more permanent repair and stabilization plan that we had submitted for the project
through Rick Magill. From that meeting and discussion with City Engineer Nick Adeh, John Krueger
of the Parks Department, Rick Magill, Peter Firoroni and Rick Stevens of Aspen Earthmoving, it was
agreed that a wire basket gabion structure would be permitted as a temporary protection measure until
later this Fall.
We are proposing, therefore, to place two courses of welded wire gabion baskets at and above the
ordinary high water line over the bulk of the area shown on our permanent repair plan (about 45 linear
feet). The gabion baskets would probably be the type "A" MACCAFERRI product shown on the
attached cut sheet or comparable. The baskets will be filled with rock using small equipment accessing
around the southwest corner of the structure and hand work, We also anticipate anchoring the bottom
course of baskets with rebar stakes that will protrude through the top of the first course and be wired
to the upper course. Following the high runoff of this Spring and early Summer, the Creektree would
remove the gabions and complete the more permanent solution proposed in our plan of April 29
including any modification to that plan as a result of further discussions with Nick Adeh and Mike
Claffey of the U.S. Army Corps of Engineers.
I hope these items will be sufficient for permitting of the temporary embankment repair. Call me if you
have further questions.
Very Truly Yours,
SCHMUESER GORDON MEYER, INC.
N.$---
~
Jay W. Hammond, P.E.
Principal, Aspen Office
JH/jh 97037CB1
cc: Rick Stevens, Aspen Earthmoving
Rick Magill
118 West 6th, Suite 200 . Glenwood Springs, Colorado. (970) 945-1004
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SCHMUESER GORDON0vER, INC.
118 W. 6th St. Suite 200 P.O. 80x 2155
Glenwood Springs, CO 81601 Aspen.. CO 81612
(303) 945.1004 (303) 925.6727
FAA (303) 945.5948 FAA (303) 925-4157
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, GABIONS (8x10 mesh) .
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Letter Code ! Length Width Height Number of Capacity , Color Code
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A 6' 3' 3' 2 2.0 Blue I
B 9' 3' 3' 3 3,0 I White
C 12' 3' 3' 4 4.0 , Black
D S' 3' 1'6" 2 1.0 , Red I
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e g' 3' 1'6" 3 1.5 Green
F 12' 3' 1'S" 4 2.0 ! Yellow
G S' 3' l' 2 O.SS I Blue-Red
H g' 3' l' 3 1.0 I Blue-Yellow
I 12' 3' l' 4 i 1.33 Blue.Green i
81 4.5' 3' 3' , 1.5 Brown l
Also avaUa.ble in FVC coat(jfj wire. -c- I
TOlaraneesof:: 5% of the width, height and langth 01 the gablons ~hl;lJI be permitted ,
No't$: All sizes and dlmansions are nomln~t. I
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RENO MATTRESSES (6X8 mesh) i
Letter Code Length Width I Thickness Number of I Area I Capacity I Color Code i
(It) (It) (in) oells i (sy) i (ey)
I Q g' 6' 6" 3 I 6 1 , White-Yellow 1
Ii I 12' 6' 6' . 4 I 8 1.33 I White-Green I
r i 9' 6' g" 3 i 6 1.5 , Red-Yellow 1
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U i 12' 6' 9" 4 I 8 2 I Red-Green
1 Z i 12' 6' '2" 4 I 8 2.67 : Brown
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Tolomnea$ of:l: 5% en wlcltn. and k!lngth and:!: 10% on heIght ofttle mattresses SMU bQ pGrmittQd.
Note: All sizes and dlmensfons Bre nominal.
I SACK GAB10NS (8x10/6xa mesh) .... .. -I
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Length Diameter I Capacity I
(ft) (It) (cy)
, 6' 2' 0.70
! 9' 2' 1,05
I 6' 3' I 1.57
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Also available in PVC coated wire. Tolerances of :t: 5% on the abov~ ~tat8dsiz~!;_shallM~~rf1'l~~e,d_: . I
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MESH IN ROl.l.S
Mesh Type
standard
Width
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Notes:AlI the above tables present standard ~i~a. Non ~ndarcls,lzes,can be prodl,lced, minimum qUClntlty
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RECEIVED
MAY r 1997
ASPEN I PITKiN
COMMUNITY DEVELOPMENT
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171 .,.....,. C'. ('. 11 ('" .; L.n1 'j
J1Sr~-J onSOl1(JaJea C.JanIla110n~ SEne.
'565 North Mill Street
Aspen, Colorado 81611
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.. RE'CEIVED
MAY 2 3 1997
, Tele.. (970) 925-3601
. ASPEN I PITKIN
. FAX #(970) 925_2S:~MUNITYDEVELOPMENT
Sy Kelly. Chairman
Paul Smith. Treas.
Louis Popish. Secy.
. Michael r(~lIy
Frallk Loushin
BruceMathe~ly,Mg~
,
MEMORANDUM
TO:
chriS Ilendon
FROM:
Tom Bracewell
DATE:
May 2,2, 1997
HigbieS'tream}(argiri f{e~iew
SUBJECT:
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Dear Chris,
. -, '.' . . .
The proposed bank stabilization qoes not appear to have any impact
to the Aspen Consolidated Sanitation District facilities..
. .
- , .' . . ..", ....... -'-', '-....,.'..- . ,
The ,District plans to install ~ grade'modification structul:"ei~the
Roa):"ing Fork River upstream of the pedestrian bridge' north of
Herron Park to protect the Distrai t' s mai,n outfall sewer I ine in
the fall of 1997. ..
Both of. these construc:t;ion projects could be cOQrdinated. with the
work the Pal;ks. Department needs to perform . in HerronPal;"1t to
'minimi ze the oV,erall impact' to the area ~ .. .
~.
Thomas R. Bracewell
ColI ecHon Systems Super;ntendent
.^
EPA Awards of Excellence
. 1976.1986.1990
Regional and National
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City of Aspen Planning Department
Mr. Mitch Haas, Planner
130 South Galena Street
Aspen, Colorado 81611
May 9, 1997
Dear Mitch,
As you are aware, per your conversations with my son, Don Higbie, the stream
bank of the Roaring Fork River adjacent to our Creektree condominium unit is in
immediate need of stabilization. The integrity of the riverbank has been
compromised due to alteration of the course of the River by an upstream
residential development. We are afraid that this year's run-off will possibly
undermine the foundation of our unit and other Creektree units shortly
thereafter. . I
'J;'
We are requesting expedited review of an exemption to the Stream Margin
review for this project so that we may proceed with stabilizing the bank before
spring high water. We understand that the Planning Department has recently
established an exemption to the Stream Margin Review for projects like this. The
Army Corps of Engineers, and our consulting engineer and contractor, have
advised us that we must stab~. th~ baIJk:~. so()~ as possible, otherwise we risk
damage to the foundations of oUr homes this sPring.
We are planning to bring the equipment and materials through Heron Park in
order to access the project site. We have been in contact with Rebecca Shiclding
of the Parks Department, in an effort to coordinate our project with a City project
in Heron Park (pond dredging), so as to minimize and contain any disturbance.
We believe that our application is complete with respect to the requirements set
forth in the pre-application summary. Please note that two of the 24X36 drawings
are stamped and signed by our engineer. Please forward one of the stamped
drawings to the City Engineer for review and approval.
Your assistance in the expedition of this application will be greatly appreciated.
Sincerely, (J~
Joan Metcalf, 1J
Authorized Representative for the Creektree Homeowners Association
F\
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APPLICATION for an EXEMPTION to STREAM MARGIN REVIEW for the
CREEKTREE CONDOMINIUM ASSOCIATION
EXHIBITS
Exhibit A
Pre-application Conference Summary
Exhibit B
Proof of Ownership
Exhibit C
Signed Fee Agreement
Exhibit D
Letter Authorizing Joan Metcalf as Representative for
Creektree Condominium Association
Exhibit E
Copy of Letter to Army Corps for 404 Permit
Exhibit F
Copy of Letter to Colorado Water Conservation Board
Exhibit G
Photographs of Existing Conditions
Exhibit H
Vicinity Map
Exhibit I
Site Improvement Survey, including: Existing Conditions,
Elevations and Sections
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EkIfJ8/T A
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER:
Mitch Haas, Planner, 920-5095
DATE: 3.10.97
PROJECT:
REPRESENTATIVE:
OWNER:
Higbie Stream Margin Exemption
TYPE OF APPLICATION:
DESCRIPTION:
Don Higbie /
729 E, Bleeker Street
Aspen, CO 81611
Stream Margin Exemption
Creek Tree Condominium unit being undercut by the flow of the Roaring Fork River;
applicant would like to engage, in bank stabilization measures.
1 a 4. f I!>>-Q."jYA 4r. .
land Use Code Section(s)
# and Code sections
Section 26.68.040, Stream Margin Review
Section 26.64.040(D), Review Standards for Special RevieW (only if exemption is not approved), pursuant to
26.68.040(B)(9)
Review by:
.
Administratively by Engineering Department and Director of Community Development
Department. If exemption is not approved, Stream Margin Review and Special Review done by
Planning and Zoning Commission, no public hearing required.
No. '
Engineering, and Parks
If exempt, $450; if not, Planning Deposit Minor ($1 080)
Engineering, Minor ($110);
If exempt, $560; if not, $1190 (either way, additional hours are billed at a rate of$180/hour)
Public Hearing:
Referral Agencies:
Planning Fees:
Referral Agency Fees:
Total Deposit:
To apply, submit the following information:
I. Proof of ownership
2. Signed fee agreement I
3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name,
address ancj telephone number of the representative authorized to act on behalf of the applicant.
4. Street address and legal description of the parcel on which development is proposed to occur, consisting ofa
current certificate from a title insurance company, or attorney licensed to practice 'in the State of Colorado,
listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and
agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application.
5. Total deposit for review of the application .
6. -1LCopies of the complete application packet and maps. (,"5ub-<<-~ . lAD P~l-
HPC= 12: PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = lIea.; Planning Staff= 2
7. An 8 112" by I I" vicinity map locating the parcel within the City of Aspen.
8. Site improvement survey including topography and vegetation showing the current status, including all
easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of
Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if
the project is determined not to warrant a survey document.)
9. A written description of the proposal ano an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include
existing conditions as well as proposed.
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10. Elevations, drawn to scale, of the proposed improvements from all sides, with proposed materials clearly
indicated
II. Site sections as required pursuant to 26.68.040(B)(13)
12. Copies of prior approvals, including Army Corps of Engineers approval as well as the letter sent to the Colorado
Water Conservation Board (as required pursuant to 26.68.040(B)(6)),
13. Site photos of the existing conditions.
The foregoing summary is advisory only and is not binding on the City. The opinion is based on current zoning and
regulations, which are subject to change in the future, and upon factual representations that mayor may not be accurate.
The summary does not, in any way, create a legal or vested right.
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STEWA. TITLE OF ASPEN, INC.
OWNERSHIP AND ENCUMBRANCE REPORT
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Order No.: 00023580
PREPARED FOR: Creektree Condo.m:!nium ASBoci.1ton
STEWART 17TLE OF ASPEN, INC.
HEREBY CERTIFIES from a setZrch'ofthe books in this oftce that title to:
Condominium on:Lcs 727, 729, 733 and 735, being all units at CRBBKTRBB
CONDOJlINIT1NS, according to the Condom1n! am Map thereof' recorded Septe:!nber 30,
1981, 1n Plat Book 12 at Page 20 as Recept.:ton No. 236061, and a. de.finedand
descr1bed in the Condominium Declarat:!on .for Creektree Condom1n:tums recorded
October 23, 1981, in Book 416 at Page 354 a. Recept:!on No. 236613.
situated in the County of Pitkin, State of Colorado, appears to be vested in the nmne of"
oniC 721: Robert P. Lancaster
Unit 729: Higbie Family Trust
unit 133: Jeffrey D~J. Xallenberg and Sandra L. .rcalllenberg
and that the above described property appears to be subject to the foll1>>ttia#Jiaif: on next page
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UNIT 121:
A Deed of Trust dated February 2, 1987, executed by John L. Lancaster, XII
and Robert P. Lancaster, to tbe Public Trustee of Pitkin CoUnty, to secure
an indebtedness of $250,000.00, intavor of SbearsoD Lehmaa Hortgage
Corporation, recorded I'ebruary 10, 1987 in Book 529 at Page 408 as
t;I",.~,.."tion No. 286036, and re-recordad I'ebruary 13, 1987 in Book 529 at Page
1S Reception No. 286172.
NOTH: 2'he benef.1cial interest under said Deed of
2'rust was assi.gned of record to SecUrity Plic.1flc National Bank,
Custodian/2'rustee by Assignment recorded October 2, 3.987 in Book 547 at
Page 479 a. Recepti.on No. 293502.
NOm: Tbe benefic1al interest under said Deed of Trust was
assi.gned of record to Metropol.1 tan Llfe Insurance Company by Assignment
recorded August 21, 3.990 in Book 628 at Page 233 as Reception No. 325659.
2. UNIT 729:
A Deed of 2'rust dated June 30, 1995, executea.by Joan L. Metcalf Res.1dence
Trust, to the Public Trustee of Pltk.1n Coun'ty, to secure an indebtedness of
$120,000.00, in favor of P.1tkin County Bank & Trust Company, recorded July
10, 1995 in Book 186 at Page 382 as Recept.1on No. 383161.
Continued on next page
EXCEPT any and all taxes and assessmenJs.
EXCEPT all easements, rights of way. restrictions and reservations of record.
This report does not reflect any of the following matters:
(1) Bankruptcies which, from date of adjudication of the most recenJ bankruptcies, antedate the report by more than
fourteen (14) years.
(2) Suits and judgmenJs which, from date of entry, antedate. the report by more than seven (7) years or until the
governing statue of limitations has expired. whichever is the longer period. .
(3) Unpaid tax liens which, from date of paymenJ, antedate the report by more than seven years.
Although we believe the facts stated are true, this letter is not to be construed as an abstracr of title, nor an opinion
of title, nor a guaranty of title, and it is anderstood and agreed that Stewart Title of Aspen, Inc., neither assumes,
nor will be charged with any financial obligation or liability whatever on any statement contained herein.
Dated:
Marcb 03, 1997 at 7:30 A.H.
. at Aspen, Colorado
STEWART 17TLE OF ASPEN, INC.
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Continuation of Ownership and Encumbrance Report
Order Number: 00023580
unit 735: David B. Beckwith
NOTB: Said indebtedness mal" have been paid orf .in cOJ2J1ection with the
conveyance of uni t 727 to the H:l.gb:l.es on February 20, 1991" however II
release does not yet appear of record.
3. UNIT 735:
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A Deed of Trust dated February 27, 1996, executed by Davld B. Beckwith, to
the Publ:Lc Trustee ot pitkin County, to secure an:LndebtednesB of
$650,000.00, in favor of Pirst Bank Milwaukee, N.A., recorded March 4, 1996
II. Reception No. 390451.
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EXJI;8/T C
ASPEN/PITKIN
COMl\tIUNITY DEVELOPMENT DEPARTMENT
A::reement for Payment of Citv of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and riOtA-'" Meln.'!1-
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for
C;f:.E~E. ~NO~I-//A/I()M'5 :5iBG4HpA-..v~ 57/413/t.;?A110N
(hereinafter, THE PROJECT). /'~ECT
2. APPLICANT understands and agrees that City of Aspen Ordinance
No. 53 (Series of 1995) establishes a fee structure for Planning applications and
the payment ,',f all processing fees is a condition precedent to a determination of
application completeness.
3. APPLICANT and CITY agree that because of the size. nature or
scope of the proposed project, it is not -possible at this time to ascertain the full
extent of the costs involved in processing the application, APPLICANT and
CITY further agree that it is in the interest of the parties to allow APPLICANT
to make payment of an initial deposit and to thereafter permit additional costs to
be billed to APPLICANT on a monthlv basis. APPLICANT agrees he will be
benetited by retaining greater cash liquidity and will make add~ional payments
upon notification by the CITY when they are necessary as costs are incurred.
CITY agrees it will be benefited through the greater certainty of recovering its full
costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for
CITY staff to complete processing or present sufticient information to the
Planning Commission and/or City Council to enable the Planning Commission
and/or City Council to make legally required tindings for project approval, unless
current billings are paid in full prior to decision.
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5. Therefore, APPLICANT agrees that in consideration of the CITY's
waiver of its right to collect. full fees prior to a determination of application
completeness, APPLICANT shall pay an initial deposit in the amount of $
which is for _ hours of Planning staff time, and if actual recorded costs exceed
the initial deposit, APPLICANT shall pay additional monthly billings to CITY to
reimburse the CITY for the processing of the application mentioned above,
including post approval review. Such periodic payments shall be made within 30
days Of the billing date. APPLICANT further agrees that failure to pay such
accrued costs shall be grounds for suspension of processing.
CITY OF ASPEN
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By: ! \ "--...
Sbfit lauson-
Community Development Director
APPLICANT
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Mailing Address:
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c/O/18IT E..
Date: 5/9/97
Mr. Mike Claffey
U.S. Army Corps of Engineers
Grand Junction, CO.
RE: Creektree Condominiums- Streambank Stabilization
Dear Mike,
Please accept this correspondence as an application for a
Nationwide 404 Permit for the stabiliZation of the riverbank
adjacent to our condos in Aspen.
As you know from your inspection of the site, the riverbank has
deteriorated to the point where our property could be at risk this
season. I have enclosed drawings prepared by a registered
engineer, which depict the methods and materials that will be
utilized to stabilize the bank. I believe that the information on the
attached drawing, along with this letter, will satisfy your
requirements for the 404 permit.
We submitted our application for stream margin review with the
City of Aspen and hope to obtain the necessary approvals by the
week of May 19th. We have already contracted with Aspen
Earthmoving for construction of the project and they are prepared
to start that same week.
Your timely review and approval of our application will be greatly
appreciated. If you require any further information, please do not
hesitate to call me at 970/920-2341.
Sincerely.
Joan Metcalf,
as authorized representative for Creektree Condominiums
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Date: 5/9/97
Colorado Department of Natural Resources
Water Conservation Board
1313 Sherman Street
Denver, CO. 80202
RE: Creektree Condominiums- Streambank Stabilization Project
Dear sirs/madams,
Please accept this correspondence as notification of a riverbank
stabilization project in the Roaring Fork River adjacent to our
condos in Aspen.
The riverbank in this location has deteriorated to the point where
our property could be at risk this season. I have enclosed drawings
prepared by a registered engineer, which depict the methods and
materials that will be utilized to stabilize the bank. I believe that
the information on the attached drawing, along with this letter, will
serve as adequate notice of this project as required by the City of
Aspen's Stream Margin land use review process. We submitted our
application for stream margin review with the City of Aspen and
hope to obtain the necessary approvals by the week of May 19th.
We have already secured the services of a local qualified
contractor for construction of the project and they are prepared to
start that same week.
If you require any further information, please do not hesitate to call
our engineer, Jay Hammond ofSchmueser, Gordon, Meyer at
970/925-6727 or myself at 970/920-2341.
Sincerely,
Joan Metcalf,
Authorized representative for the Creektree Condominiums
cc:FEMA
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ENGINEeRS
SURVEYORS
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(970) 925-6727
FAX (970) 925-4157
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SCHMUESER
GORDON MEYER
P.O. Box 2155
Aspen, CO 81612
May 9,1997
Ms. Joan Metcalf
729 E, Bleeker St.
Aspen, CO 81611
RE: Creektree Subdivision, Riverbank Repair and Stabilization Plan
Dear Joan:
Here, finally, are ten copies of a riverbank repair and stabilization plan for the embankment repair
near your condominium at the Creektree Subdivision, Included are two signed and stamped
prints. I also wanted to provide some additional comment in transmitting these plans to you;
We have shown two specific bank section details which offer some potential habitat improvement
as a consequence of the bank stabilization work. Realistically, given the small amount of actual
area on the streambank requiring repair and stabilization, it may only be feasible to build one
good example of either of these details and armor the remaining area. The Contractor should
bear in mind that the intention of the log detail is that the log would decompose over time so the
rock work surrounding it should not be significantly dependent on the log for structural support,
The log detail, in our opinion, offers the more beneficial base to reestablish vegetation and
habitat. The alternate detail uses a slab rock which still offers some habitat benefits and is
probably slightly easier to build,
I would also point out that the calculated "rounded" riprap size is in the 48 inch diameter range
to resist the scour and turbulence impacts of the 100 year flood event at this location. Such rock
would be comparable in size generally to the rock that has been dumped into the river upstream
of the Creektree. Again, my expectation would be that the contractor would bed as many 48 inch
rocks as is reasonably feasible along the work zone and then build around them with smaller
material, topsoil and plantings to reestablish the slope,
, Good luck in the approval process and call me if you have questions or require additional
information or revisions, We feel fairly confident that this design and the ability to access the site
through the park with adequate equipment to place the (large) required materials should
represent a good design approach that will be acceptable to the various review agencies,
Very Truly Yours,
SCHMUESER GORDON MEYER, INC,
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U ~J~ammond, P.E.
Principal, Aspen Office
JH/Jh 97037RM1
118 West 6th, Suite 200' Glenwood Springs, Colorado' (970) 945-1004