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Town Council Resolution 15 2013TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 15 SERIES OF 2013 A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO A PRE- ANNEXATION AGREEMENT FOR POPISH VALLEY WITH CLEAR W RANCH, LLC WHEREAS, CLEAR W RANCH, LLC a Nevada limited liability company ("GWR"), intends to submit an application for annexation of the real property commonly known as the Popish Valley to the Town of Snowmass Village; and WHEREAS, the Town of Snowmass Village and CWR wish to agree upon certain terms and conditions should such Annexation be approved; and WHEREAS, the Town Council finds that the adoption, of this Resolution is necessary for the immediate preservation of the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado: 1. Direction to Town Manager. The Town Manager is hereby authorized to enter into the Pre Annexation agreement with CLEAR W RANCH.. LLC, a Nevada limited liability company, as attached hereto as EXHIBIT "A". _ 2. Severability. If any provision of this Resolution or application hereof to any person or circumstance is held invalid, the invalidity shall riot affect any other provision or application of this Resolution, which can be given effect without the iiiva!id provision or application, and, to this end, the provisions of this Resolution are severaule !NTRODUCc:D, READ AND ADOPTED; by the Town Council of the Town of Snowmass Village, Colorado, on the 1 9th day of February; 20' "'. upon a motion made by Council Member Kucker, seconded by Council Member Jacobson. and by a vete of 4 in favor to g opposed. Council Member Butler was absent. TOWN OF SNOWMASS VILLAGE By: -- - - ----- --- ---- 13i11 Boineau, Mayor Rhonda B. Coxon, Towr,. Clerk AP - R UED?AS TO FOR John C. Caresser, Jr., Towr; tq y PRE -ANNEXATION AGREEMENT REGARDING POPISH VALLEY TIS PRE -ANNEXATION AGREEMENT ("Agreement") is entered into and made on Ll t_, 2013, by and between the Town of Snowmass Village, a Colorado municipal corporation (the "Town"), whose address is 16 Kearns Road, Snowmass Village, Colorado 81615 and CLEAR W RANCH, LLC a Nevada limited liability company ("Landowner") whose address is c/o Oates, Knezevich, Gardenswartz, Kelly & Morrow, P.C., 533 E. Hopkins Ave., 3`d Floor, Aspen, CO 81611. This Agreement shall become effective following execution by Landowner and upon approval by the Town Council, of the Town of Snowmass Village ("Town Council") evidenced by a duly approved resolution and by the execution of the Agreement by either the Town Manager, Mayor, or Mayor Pro -Tem. RECITALS AND REPRESENTATIONS WHEREAS, the Town and Landowner desire to enter into this Agreement for the convenience of the parties; and WHEREAS, Landowner represents that it is the sole owner of the real property described in Exhibit "A" attached hereto, consisting of 275 acres, more or less, hereinafter referred to as the "Property Proposed to be Annexed" free and clear of all liens and encumbrances; and WHEREAS, the boundary of the Property Proposed to be Annexed is more than one sixth (1/6) contiguous with the existing Town boundaries and is otherwise eligible to be annexed into the municipal boundaries of the Town in accordance with the Colorado Municipal Annexation Act of 1965, as amended, C.R.S. Sections 31-12-101, et s�Mc.; and WHEREAS, the Property Proposed to be Annexed lies adjacent to a parcel of land in the Snowmass Creek Drainage proposed by the Landowner to remain in unincorporated Pitkin County (the "Conservation Easement Land") to be subject to a Conservation Easement granted by Landowner to Pitkin County, Colorado prior to or contemporaneously with the completion of the annexation, the form of which Conservation Easement the Landowner represents has been agreed upon by the Landowner and Pitkin County, Colorado ("Conservation Easement"). The Property Proposed to be Annexed and the Conservation Easement Land will be subdivided prior to or contemporaneously with the completion of the annexation by a so-called Senate Bill 35 exemption plat to create the two (2) parcels. WHEREAS, the Town and Landowner believe that it is in the best interests of the citizens of the Town and Landowner that the development of the Property Proposed to be Annexed and the use and development thereof be cooperatively planned by the parties; and WHEREAS, the Development Plan described in this Agreement and the rights granted to the Landowner hereby will assist in a reduction in free-market residential density below that which might otherwise be likely to be developed on the Property Proposed to be Annexed, thus fulfilling high priority goals of the Town; WHEREAS, the Property Proposed to be Annexed has already been subject to extensive land use and environmental reviews conducted by Pitkin County. Said reviews resulted in the granting of Activity Envelope and Site Plan approvals, as wells as Growth Management Quota System ("GMQS") Exemptions for Replacement of Residential Floor Area and the development of barns (collectively "Approvals"). The Landowner and the Town agree that many of the terms and conditions of the Approvals shall be retained by the Town once the property has been annexed; WHEREAS, the conservation of the Conservation Easement Land will conserve additional property in unincorporated Pitkin County abutting and lying adjacent to the Town, a benefit to the Town and to Pitkin County due to the unique lands, wildlife habitat, drainages and stream corridors, sensitive hillsides, important view corridors and other significant natural features of the Conservation Easement Land; WHEREAS, the Landowner and the Town desire to annex the Property Proposed to be Annexed into the municipal boundaries of the Town on condition that all of the terms and conditions of this Agreement are met; and WHEREAS, the Landowner desires to submit for consideration the Development Plan and application described herein to the Town's Community Development Department for processing pursuant to the Town of Snowmass Village Land Use Code (the "Land Use Code"); and WHEREAS, the Property Proposed to be Annexed shall be incorporated into Wildcat Ranch Planned Unit Development ("Wildcat Ranch PUD") and governed by the Wildcat Ranch Association, a pre-existing common interested community located within the incorporated Town, which has consented to the Petition for Annexation; and WHEREAS, the parties hereto desire to condition the annexation proposed herein and the execution of the development plan as described herein on the granting of all requisite land use approvals and the grant of the Conservation Easement, following public input and comment, consistent with the Land Use Code; and WHEREAS, the Town, as a municipality of the State of Colorado, is authorized to enter into this Agreement pursuant to C.R.S. Section 31-12-121; and WHEREAS, Landowner is, in accordance with C.R.S. Section 31-12-102, legally capable of submitting a Petition to Annex in a form substantially the same as Exhibit "B" appended hereto and has submitted such a Petition. NOW, THEREFORE, in consideration of the mutual covenants contained herein, IT IS AGREED AS FOLLOWS: SECTION 1 DEVELOPMENT PLAN (a) The parties agree that the Development Plan contained in Exhibit "C" ("The Development Plan") constitutes the desired result of this Agreement as it sets forth the best land use for the Property Proposed to be Annexed and is in the best interest of the Town. The parties believe that the Development Plan as set forth in Exhibit "C" is consistent with the Land Use Code, prior approvals granted by the Town for the Wildcat Subdivision, previous actions/approvals granted by Pitkin County for the Property Proposed to be Annexed, and is in the best interest of the public health, safety and welfare, especially when considered together with the public benefits to be realized in association with the proposed annexation. (b) The Development Plan anticipates and it is of the essence of this Agreement that the development rights and restrictions set forth below in this Agreement and in Exhibit "C" of this Agreement shall be applied for by Landowner (and by the Town, where applicable) to the Town's Community Development Department pursuant to and consistent with the standards and procedures set forth in the Land Use Code. (c) In the event that by December 31, 2013, or such later date as may be mutually agreed upon by the parties hereto, the Town Council does not approve the Land -Use Application described below in Section 2 with terms and conditions consistent with this Agreement and other conditions reasonably acceptable to Landowner, this Agreement shall be deemed null and void. (d) No later than thirty (30) days following execution of this Agreement by the parties, the Landowner shall, in order to establish a basis for finalizing the annexation of the Property Proposed to be Annexed, submit a land -use application under the relevant provisions of the Land -Use Code (the "Land Use Application"). It is presently anticipated that the Application will include a minor amendment to the Wildcat Ranch PUD, a plat amendment to the Wildcat Ranch Subdivision Plat and a request to zone the Property Proposed to be Annexed to Estate Residential with a Planned Unit Development (PUD) overlay (EST/PUD). (e) Upon the Town's approval of the Land -Use Application on terms acceptable to the Landowner and consistent with all elements of this Agreement, the annexation and zoning of the Property Proposed to be Annexed shall be completed contemporaneously therewith. SECTION 2 ZONING & LAND USE FOR THE PROPERTY PROPOSED FOR ANNEXATION (a) Subject to all applicable processes and approvals, the Property Proposed to be Annexed, at the time of annexation, initially be zoned Estate Residential ("EST"), as defined at § 16-A-3-40-(i)e of the Land Use Code with a Planned Unit Development ("PUD") overlay, pursuant § 16A-3-300, et seq., with the intent that the Property Proposed to be Annexed have the same development entitlements as those permitted for other parcels located in Wildcat Ranch ("Wildcat Ranch") previously annexed by the Town ("Wildcat Ranch Approvals"), with appropriate amendments as outlined in Exhibit "C" of this Agreement. 3 (b) In 1994, the Town annexed Wildcat Ranch pursuant to Ordinance No. 10, Series of 1994. Contemporaneously with the Wildcat Ranch Approvals, the Town retained the prior Pitkin County approvals and rezoned Wildcat Ranch to PUD and adopted a site-specific development plan. These development entitlements, with appropriate amendments, are incorporated in the Development Plan as set forth in Exhibit "C." (c) The Approvals granted by Pitkin County for the Property Proposed to be Annexed as contained in Pitkin County Administrative Decision No. 39-2010 (recorded at Reception No. 571753; hereinafter "the Decision") and as further memorialized on the "Clear W Ranch, LLC Activity Envelope And Site Plan" (recorded in Book 94 at Page 6; hereinafter "the Activity Envelope Plan") were the result of extensive land use and environmental reviews. The terms, conditions, and limitations of the Decision and the Activity Envelope Plan will be carried forward as terms of the Pre -Annexation Agreement and subsequent land use approvals to be granted by the Town as incorporated in the Development Plan as set forth in Exhibit "C." (d) The rezoning of the Property Proposed to be Annexed to EST/PUD under the terins of the Development Plan set forth in Exhibit "C" and granting a minor amendment to the Wildcat Ranch PUD is appropriate and consistent with previous actions of the Town and Pitkin County as well as with the Town's goal of responsible stewardship of the environment by avoiding habitat areas and clustering development in previously disturbed areas. SECTION 3 NO FURTHER SUBDIVISION After approval of the Land Use Application and completion of the annexation, no further subdivision of the Property Proposed to be Annexed shall be permitted. SECTION 4 IMPACT OFFSET The Landowner acknowledges that annexation to the Town will cause certain financial impacts, including, without limitation the need for police, and access to other services of the Town. The Landowner further acknowledges affordable housing mitigation is required by the Town. As a consequence thereof in order to mitigate or offset such impacts, the Landowner agrees as follows: (a) To pay the Town at such time as the annexation shall be final and non -appealable the cash sum of $250,000 to offset any financial impacts of the annexation of the Property to be Annexed. (b) To pay the Town a fee in -lieu of all employee housing requirements in the amount of $94,175, the amount equal to that required for a 15,000 square foot single-family residence in unincorporated Pitkin County. SECTION 5 SCHEDULE FOR ANNEXATION a. Upon execution by the parties of this Agreement, Landowner shall, at its cost, prepare an Annexation map of the Property Proposed to be Annexed and an amended plat of the Wildcat Ranch PUD. b. Landowners have executed the Petition to Annex appended hereto as Exhibit "B". Said Petition shall be conditional upon the terms and conditions of this Agreement C. The Landowner shall prepare, at its cost, all requisite documents and applications necessary to annex the Property Proposed to be Annexed. d. Landowner shall prepare and file, at its cost, the Land -Use Application. e. The Town shall initiate review of the Annexation Petition and the Land Use Application in accordance with the Town's Land Use Code. f Upon the granting of the requisite land use approvals for the Land -Use Application by the Town Council, evidenced by the adoption of an appropriate Ordinance (conditional upon annexation of the Property Proposed for Annexation) that is consistent with the Development Plan, the Town shall annex the Property Proposed to be Annexed into the municipal boundaries of the Town. g. Landowner and the Town shall execute at the conclusion of the Appeal Period (as defined at Section 8(n), below of this Agreement) following the date of annexation, the recorded documents which incorporate the terms and conditions of the Development Plan as finally approved by the issuance of a development order. The recorded documents shall include the Town's standard terms and conditions relating to plats, and other similar matters nonnally and routinely included in similar agreements, except to the extent that such matters are specifically addressed otherwise in this Agreement, the development order or the zoning for the Property Proposed to be Annexed. SECTION 6 DEVIATIONS FROM THE TOWN CODE (a) Access to the Property Proposed to be Annexed is via the Wildcat Ranch. Road maintenance is provided by Wildcat Ranch, a service for which the Landowner already pays an annual maintenance fee. A gate currently exists to access Wildcat Ranch and the Landowner may install a gate at the entrance of the Property Proposed to be Annexed. (b) The Property Proposed to be Annexed is exempt from Ridgeline Protection and Scenic Review as it is not visible from Snowmass Creek Road or any other road in the Town's or County's jurisdiction, including but not limited to, Brush Creek Road, Owl Creek Road and the Town Community Park. (c) The Approvals by Pitkin County adequately addressed wildlife impacts of the development and no further Wildlife Habitat Review is required. (d) The Town agrees to adopt the Approvals of Pitkin County, along with the conditions and restrictions, relative to land use of the Property Proposed to be Annexed, consisting of. BOCC Resolution No. 104-2007, removing the Property Proposed to be Annexed from the Snowmass-Capitol Creek Caucus Area, attached herein as Exhibit "D"; and Administrative Decision No. 3 9-20 10 granting Activity Envelope and Site Plan Review, as well as GMQS Exemptions, as amended and attached herein as part of Exhibit "E." It is recognized and acknowledged that the area of the Development Activity Envelope exceeds the 2 -acre limitation for an activity envelope in the EST Zone District, (e) The Town agrees that, due to the size of the Property Proposed to be Annexed, allowing the Development Activity Envelope size and development of the Property Proposed to be Annexed consistent with the terms of the Development Plan outlined in Exhibit "C" is appropriate. (f) The Landowner is requesting waivers from the following Land Use Application Submittal Requirements pursuant to Section 15 -5A -50(a)(1) of the Land Use Code: (1) Preliminary Development Plan. The Landowner does not know the proposed dimensions and locations of all buildings. However, except as allowed under the terms of the Wildcat approvals as may be amended in the Development Plan outlined in Exhibit "C", all buildings will be developed within the approved Activity Envelopes. Similarly, the preliminary development plan is supposed to include a chart of proposed land uses by acreage. This "PUD" is a "PUD" in name only. One single- family residence plus accessory uses will be developed on this parcel. Along with a waiver of the Preliminary Development Plan requirement, the Landowner seeks a waiver of the otherwise required acreage chart. (2) Architectural Plans. The Landowner has not yet designed the single-family residence and accessory buildings that will be developed on the property. Architectural plans are not required of the Wildcat lots, and the Property to be Annexed is not visible from off-site. (3) Landscape Plan. The Landowner has not developed a landscape plan, but will do so at the time of building permit submittal. (4) Fiscal Impact Report. There will be no significant fiscal impacts placed upon the Town as a result of development of the Property Proposed to be Annexed, therefore, the Landowner will be exempt from this requirement. (5) Solid Waste Disposal Plan. The Landowner will submit a solid waste disposal plan pursuant the Section 16A -4-230(b) of the Land Use Code at the time the Landowner submits for specific development plan. (6) Energy Conservation Plan. The Landowner will provide an Energy Conservation Plan at the time of building permit submittal, after the Landowner has designed the single-family home and any accessory structure for the Property Proposed to be Annexed. (7) Open Space Map. The Landowner requests a waiver of this requirement because of the dedication of the Conservation Easement Land and the limited extend of the Development Activity Envelope relative to the area of the Property to be Annexed. (8) Water Supply and Sewage Disposal. The Landowner has provided sufficient inforination regarding the adequacy of the water supply and the feasibility of a septic system, see Exhibits "I"' and "G" attached hereto. The Landowner will provide a more detailed septic report as part of the Town's building pen -nit application process. (9) Clearing, Grading and Drainage Plans. The Landowner requests that detailed plans demonstrating compliance with Town regulations for clearing grading and drainage be provided at the time of building permit submittal. (10) Transportation Impact Analysis. As proposed development on the Property to be Annexed does not have any impact on the Town's transportation system, the Landowner seeks a waiver of this requirement. (11) Air Quality Analysis. The Landowner requests a waiver of this requirement as the impact on air quality will be negligible and will not impact the air quality beyond that is associated with a single family lot in Wildcat Ranch. (12) Construction Management Plan. The Landowner seeks a waiver of these requirement until any building permit is submitted for the Property Proposed to be Annexed. (13) The Landowner seeks a waiver of submittal requirements for the following additional reports: Comparison to Sketch Plan, Development in Proximity to the Ski Lift Report, Homeowner's or Condominium Association Documents or Brush Creek Impact Report. SECTION 7 VESTED RIGHTS All the Town's land -use approvals received by Landowner shall vest until June 20, 2024 pursuant to the Wildcat Ranch Approvals, or such longer time as may be allowed under any applicable law, regulation or court decision. Such vesting shall apply to all the rights and entitlements set forth in this Agreement and the final development order for the Property Proposed to be Annexed; and, as a condition of the annexation of the Property Proposed to be Annexed, the parties shall enter into a development agreement that sets forth the requisite findings to support this period of vested rights in accordance with 24-68-104(2), C.R.S. SECTION 8 TOWN'S OBLIGATION WITH RESPECT TO ANNEXATION The Town agrees to annex the Property Proposed to be Annexed provided all of the terms and conditions of this Agreement are met. The parties acknowledge that annexation, minor PUD amendment to the Wildcat Ranch PUD and zoning are subject to the plenary legislative discretion of the Town Council and that certain rights of referendum and initiative are reserved unto its citizens. Notwithstanding any language to the contrary contained in this Agreement, no assurances of annexation, approval of a minor PUD amendment to the Wildcat Ranch PUD or zoning have been made or relied upon by the Landowner. Further, it shall be a condition hereof that Pitkin County not object to the annexation pursuant to 31-12-101, et seq., C.R.S. and shall waive the necessity of an Annexation Impact Report as permitted by 31-12-108, C.R.S. SECTION 9 MISCELLANEOUS (a) Waiver. A waiver by any party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party. (b) Binding Effect. The parties hereto agree that this Agreement, by its terns, shall be binding upon the parties hereto, their successors, and assigns, and unless tenninated prior to the completion of the annexation of the Property Proposed to be Annexed, shall constitute Covenants running with the Properly Proposed to be Annexed and the Conservation Easement Land. In the event that all or part of either the Property Proposed to be Annexed or the Conservation Easement Land are sold, transferred, or otherwise conveyed to additional or multiple parties, all owners shall be jointly and severally responsible for all terms, conditions, and obligations set forth hi this Agreement. (c) Third Party Beneficiary; Limitation. Pitkin County, Colorado shall be a third party beneficiary hereof limited to the obligation of the Landowner to grant the Conservation Easement on the Conservation Easement Land. It is expressly understood and agreed that except as provided in the sentence immediately preceding enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Town and Landowner and nothing contained in this Agreement shall give or allow any such claim or right of action by any other third person on such Agreement. It is the express intention of the Town and Landowner that any person other than the Town, or Landowner who receives services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. (d) Governing Law. This Agreement shall be governed by the laws of the State of Colorado. The parties agree and acknowledge that this Agreement may be enforced at law or in equity as a contractual obligation. This Agreement is intended to provide a contractual relationship between the Town and the Landowner to ensure compliance with all rights and requirements contained herein. In addition to any other available remedies, it is understood and agreed that the Town may withhold or revoke any permits or certificates, including but not limited to building permits and certificates of occupancy, for the Property Proposed to be Annexed in the event of a breach of this Agreement by the Landowner. The prevailing party in any litigation between Landowner and the Town concerning this Agreement shall be entitled to an award of its attorney fees and costs. (e) Additional Documents. The parties agree to execute any additional documents or take any additional action that is necessary to carry out this Agreement (f) Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. (g) Captions. The captions of the paragraphs are set forth only for the convenience and reference of the parties and are not intended in any way to define, limit or describe the scope or intent of this Agreement. (h) Integration/Amendment. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. Only an instrument in writing signed by the parties may amend this Agreement. (i) Assignment. Subject to Subsection (b) of this Section 7, all or part of the rights, obligations or responsibilities set forth in this Agreement may be assigned by Landowner to an entity in which Landowner or their affiliates have an interest, without requiring the consent of the Town. 0) Invalidation. Invalidation of any of the provisions of this Agreement Or any paragraph sentence, clause, phrase, or word herein or the application thereof in any given circumstance shall not affect the validity of any other provision of this Agreement, except that if such invalidation diminishes the rights of Landowner, Landowner may elect to terminate this Agreement and render it null and void. (k) Recording. The Town shall record this Agreement with the Clerk and Recorder's Office of Pitkin County. Landowner shall pay the reasonable cost of recordation of this Agreement. The terms, conditions, rights and benefits of this Agreement shall run with title to the land. (1) Exhibits. Unless otherwise stated in this Agreement, Exhibits referenced in this Agreement shall be incorporated into this Agreement for all purposes. (m) Annexation. Subject to the conditions hereof, in the event that any person, corporation, special district, municipal or county government, or any other entity or person asserts any claim against the Town, its officials, or employees pursuant to the provisions of the Colorado Municipal Annexation Act, § 31-12-101 C.R.S. et seq., or asserts any other claim, based on any theory of law whatsoever, challenging the rezoning and development of the Property Proposed to be Annexed, or the approval of the Development Plan as contemplated by this Agreement, the Town shall vigorously defend against such an action and may consent to and permit the entry by the court of an order voiding the annexation or reach another means of settlement of claims, provided that no consent to an order voiding the annexation or settlement which adversely affects Landowner's rights hereunder or under any development approvals contemplated hereby, shall be entered into without Landowner's written consent The Town's defense of any such action(s) shall also include the vigorous defense, at its sole cost of the interests of Landowner. If, by reason of such suit, this Agreement is found to be void or unenforceable, then as between the Town and Landowner, this Agreement shall become null and void, and if at such time the annexation of the Property to be Annexed has already occurred, the Town shall, upon a petition for de -annexation submitted by Landowner, approve the de - annexation. (n) Appeal Period. Any time period established by this Agreement upon one or the other party to take any action shall be suspended until the expiration of any jurisdictional appeal time for the initiation of a judicial challenge to any action taken by the Town or the time pennitted for the initiation of an initiative or referendum challenge. If the annexation of the Property Proposed to be Annexed, any requisite land use approval, or any action required by the Town is challenged by a referendum or initiative, or is subjected to a judicial court proceeding, all provisions of this Agreement, together with the duties and obligations of each party, shall be suspended pending the outcome of the election or court proceeding (including any appeals). If the referendum, initiative, or court challenge results in disconnection of the Property Proposed to be Annexed from the Town, then this Agreement shall be null and void and of no further effect. If the referendum, initiative, or court challenge fails, then the parties shall continue to be bound by all of the terms and provisions of this Agreement and any other agreements made in connection therewith. TOWN ' W S V 1LAGE, a municipal corporation: By Name Title ZAIST: Town Clerk Cl r APP OV AST FORM: HE STATE OF COLORADO ) )ss. COUNTY OF PITKIN Acknowledged before me this day of 2013, by 05,5e6l Forl'et f as '(() 01'i MCW_�jof the Town of Snowmass Village, Colorado. Witness my hand and official seal. My commission expires: Af - i 7 n iA/ BARBARA Notary Public STATE OF )ss. 0omiaission Expims 01-1171209 COUNTY OF 4� Acknowledged before me this Z5 day of Ab2013, by as of Clear W Ranch, LLC. Witness my hand and official seal. My commission expires: 10 141miq NdVryPub I- VIVIANA M. LANG Notary Public - State of Florida MY Comm. Expires Oct 14, 2014 Commission 4A EE 34616 11 Exhibit A ANNEXATION PARCEL DESCRIPTION A PARCEL OF LAND BEING PART OF SECTIONS 23, 26, 27, 34 AND 35, TOWNSHIP 9 SOUTH, RANGE 86 WEST OF THE 6TH PRINCIPAL MERIDIAN. BEING SITUATED IN THAT PROPERTY DESCRIBED IN WARRANTY DEED RECORDED MAY 14, 2007 AS RECEPTION NO. 537791 OF THE PITKIN COUNTY RECORDS. SAID PARCEL IS MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE CORNER COMMON TO SAID SECTIONS 22, 23, 26 AND 27 BEARS S 65°18' 27" W, A DISTANCE OF 2073.44 FEET; THENCE ALONG THE BOUNDARY LINE OF SAID PROPERTY THE FOLLOWING SIXTEEN (16) COURSES: 1) S 29051T44" W, 862.26 FEET; 2) S 43022'29" E, 472.44 FEET; 3) S 48018'33" E, 911.55 FEET; 4) S 08000'52" W, 711.92 FEET; 5) S 02030'04" W, 492.82 FEET; 6) S 2304756" W, 275.85 FEET; 7) S 08051'54" W, 433.32 FEET; 8) S 01012'02" E, 2046.87 FEET; 9) S 45008'04" W, 2313.94 FEET; 10) N 56°51'58" W, 189.50 FEET; 12) N 25015'28" W, 379.32 FEET; 13) N 25038'49" W, 305.70 FEET; 14) N 29029'46" W, 307.77 FEET; 15) N 14056'43" W, 97.47 FEET; 16) N 05010'45" W, 122.11 FEET TO A RIDGE LINE; THENCE LEAVING SAID LINE AND ALONG SAID RIDGE LINE THE SEVENTEEN (17) COURSES: A POINT ON BOUNDARY FOLLOWING Exhibit A 1) N 13°49'03" W, 88.29 FEET; 2) N 13003'11" E, 83®41 FEET; 3) N 20°47'03' E, 59®71 FEET; 4) N 02°26'12" W, 210022 FEET; 5) N 03040'19" E, 1249.66 FEET; 6) N 00052'55" W, 378008 FEET; 7) N 04011'50" E, 184.38 FEET; 8) N 14043' 13►' E, 296.60 FEET; 9) N 09047'58" E, 172°89 FEET; 10) N 03017'50" E, 924°98 FEET; 11) N 08001'37" W, 98.38 FEET; 12) N 07012'37" E, 222.15 FEET; 13) N 18°17107" E, 326°78 FEET; 14) N 26010'04" E, 129.28 FEET; 15) N17 020 `34'' E, 109.99 FEET; 16) N 28031'20" E, 159.94 FEET; 17) N 05040'36" E, 190.42 FEET TO SAID BOUNDARY LINE; THENCE LEAVING LINE AND ALONG SAID BOUNDARY LINE FOLLOWING EIGHT (8) COURSES: 1) S 8905231" 2) N 31049'19" 3) N 45023'58" 4) N 46036'45" 5) N 46037'22" 6) N 52039'05" 7) N 2935' 40" 8) N 63007' 27►' BEGINNING. E, 208.12 FEET; E, 301.26 FEET; E, 341°53 FEET; E, 77°42 FEET; E, 187.28 FEET; E, 94°95 FEET; E, 396058 FEET; E, 369°38 FEET A POINT ON SAID RIDGE THE TO THE POINT OF SAID PARCEL CONTAINS 11,994,003 SQ. FT. MORE OR LESS, OR 275.344 ACRES MORE OR LESS. COMES NOW LANDOWNER Clear W Ranch, LLC, a Colorado limited liability company ("Petitioner") this day of 2012, to Petition the Town of Snowmass Village, Colorado for Annexation of that certain parcel of land as described in Exhibit A and as shown on the Annexation Map filed herewith as Exhibit B. Landowner states as follows: 1. It is desirable and necessary that the territory described in Exhibit A and referenced in Exhibit B (four prints accompanying this Petition), an annexation map meeting the requirements of Section 31-12-107(1)(d), C.R.S., attached hereto and incorporated herein by reference be annexed to the Town of Snowmass Village, Colorado. that: 2. The requirements of Section 31-12-104, C.R.S. exists or have been met in a. Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the Town of Snowmass Village, Colorado; b. A community of interest exists between the territory proposed to be annexed and the Town of Snowmass Village, Colorado; and C. The territory proposed to be annexed is urban or will be urbanized in the near future and is capable of being integrated as defined in Section 31-12- 104(1)(b), C.R.S. with the Town of Snowmass Village Colorado. 3. The requirements of Section 31-12-105, C.R.S. exist or have been met in that no land held in identical ownership, whether existing of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate: a. Is divided into separate parts or parcels without the written consent of the landowner thereof, unless such tracts or parcels are separated by a dedicated street, road or other public way; b. Is included within the territory proposed to be annexed without the written consent of the landowner that: (1) comprises twenty (20) acres or (2) has an assessed value of the land, together with the buildings and improvements situated thereon, in excess of $200,000 for ad valorem tax purposes for the year preceding annexation; or C. Is more than three miles from any point on the municipal boundary, as such was established more than one year before this annexation will take place. d. The proposed annexation will not result in the detachment of area from any school district. 4. The area proposed to be annexed comprises more than ten (10) acres; and, therefore Section 31-12-108.5, C.R.S. is required unless waived by the municipality and board of county commissioners. 5. The signature of Petitioner on this Petition comprises one hundred percent (100%) of the landowner of the territory to be included in the area proposed to be annexed and said Petitioner as landowner by attesting to the facts and agreeing to the conditions herein contained will negate the necessity of an annexation election. 6. Petitioner requests that the Town of Snowmass Village approve the proposed annexation by ordinance, as permitted by Section 31-12-107(1)(g), C.R.S. when one hundred percent (100%) of the owners of the area have petitioned for such annexation; and the notarized acknowledgement of execution hereof by Petitioner who is also the circulator hereof satisfies the affidavit requirements of 31-12-107(1)(c)(I X) 7. The mailing address of the owner of the proposed area of annexation is: Clear W Ranch, LLC c/o Oates, Knezevich, Gardenswartz & Kelly, P.C. Attn: Leonard M. Oates 533 E. Hopkins Ave., 3rd Floor Aspen, CO 81611 S. Accompanying this petition as Exhibit B are four prints of the annexation map containing: (a) -a written -legal -description -of -the -boundaries of thearea proposedtobe annexed; and (b) a depiction of (1) the boundary of the area proposed to be annexed, (2) the municipal boundaries of the Town of Snowmass Village, and (3) the dimensions of the contiguous portions of these boundaries as required per 31-12-107(1)(d), C.R.S. 9. The territory to be annexed is not presently a part of any incorporated city, city and county, or town. Date 2010 Jeff Ruhl, Authorized Signatory STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2012 by Jeff Ruhl as Authorized Signatory of Clear W Ranch, LLC. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public EXHIBIT C D ` Part One: Wildcat Approvals With respect to Wildcat Subdivision's TOSV-adopted Final PUD Plan and TOSV Ordinance No. S, Series of 1994, the applicant requests that its terms, conditions, and limitations be carried forward with the approvals to be granted for this application with the following limited exceptions (stied text is proposed for removal while italicized text is proposed as replacement terms): Each Homestead may have dogs but they must kenneled within the Development Activity Envelope, on a leash, or indoors (except for working dogs). Construction workers, caretakers, guests and employees are a I I n�nu. -Q T permitted dogs as well so long as such dogs are at all times kenneled within the Development Activity Envelope, on a leash, or indoors; Association N`"vet--��—}�o—pi�tli=e use except i.�t +cr1-,c�Ta' T, '1 a—TUhl f8F �r ,-,.7 Easement- for Snowmass,_'-reek; o No proposed construction is required to obtain architectural reviews from the Town, Snowmass Homeowners Association or any other authority Ste; o Wildeat Ranch will eenvey hvo par -eels of land totaling approximately 78 acres to the Town and said par -eels shall be zoned for employee housing, Applicant shall pay a fee in -lieu of employee housing in an amount equal to that required for a 15,000 square foot single-family residence developed in unincorporated Pitkin County, which amounts to $94,175. Total floor of 15,000 square feet, of which up to 2,500 square feet can be applied to the guest house and up to 1,500 square feet can be applied to the caretaker unit (this maximum floor area does not apply to accessory structures discussed below); The property is allowed accessory structures and uses, including barns, sheds, huts, gazebos, boat shelters, decks, terraces, stables, kennels, storage or equipment buildings, garages, swimming pools, tennis courts, riding rings and one "back country" type recreation but not to exceed 350 square feet. None of the accessory structures are subject to floor area limits, except that barns shall be limited to 3,000 square feet of ground coverage or a total of 6,000 square feet. Indoor riding arenas may not exceed 15,000 square feet of ground coverage. o Veneer facades are excluded from the calculation of floor area. Floor area shall include the sum of the gross horizontal surfaces of each floor of the structure except as described below. Stairs are included in the calculation but only on the floor in which they originate; Q For purposes of calculating floor area, those areas falling beneath architectural projections (roof overhangs, eaves, canopies) are exempt. fools, tennis courts, spas, decks, patios, steps and terraces that are not covered by a roof or architectural projection from a building as discussed above, are also exempt; Below grade spaces are exempt provided that no more than 10% of any wall surface extends above grade. Garages can be incorporated into below grade space and will not affect this exemption so long as the only sections of a building exposed are directly related to the garage structure; o Garages and carports shall be excluded up to 1,200 square feet per principal dwelling unit, 500 square feet per caretaker unit and 500 feet per guest house; Crawl spaces are exempt even if exposed above grade so long as the height does not exceed 5 feet, six inches; Attic space that exceeds 5 feet, six inches in height is included; 0 Residential structure building height maximum is thirty-three (33) feet; a Accessory structure building height maximum (excluding barns/stables) is twenty-five (25) feet. Accessory structures located within twenty feet of the principal structure may also have a 33 foot maximum height. All development must occur within the Development Activity Envelope selected, however, the following structures or improvements may be outside of the Development Activity Envelope: driveways, fences, corrals, ponds and utility extensions, all Wildcat infrastructure, barns and/or sheds with attached or detached caretaker units, so long as the barn is located proximate to pasture lands and within 100 feet of the driveway to the principal unit (any detached caretaker unit must be within 50 feet of the barn), one "back country" type recreation but (with no plumbing, electrical service or vehicular access); a Waiver of the 2 -acre limit on the Development Activity Envelopes. The applicant has not yet determined exactly how the eventual development of the subject property will be laid out, what will be included, or other specifics of their plans. Accordingly, the proposed Activity Envelope allows flexibility but only within areas that have already deemed appropriate for development. Such flexibility is consistent with the purpose of a PUD and will enable the applicant to make appropriate location -specific development and stewardship decisions without unnecessary review processes, amendments, or expenditures of time and funds. 0 Two (2) wood burning fireplaces and no limit on the number of gas fireplaces (may require exemption from a building code provision); 0 $200 per principal dwelling unit, per guest house and per caretaker unit shall be paid to the school district upon issuance of a building permit; and, ® Extension of vested rights which will expire on June 20, 2024. Part Two: Pitkin County Approvals With respect to Pitkin County's previously granted approvals, as contained in Administrative Decision No. 39-2010 (recorded at Reception No. 571753; hereinafter "the Decision") and as further memorialized on the "Clear W Ranch, LLC Activity Envelope And Site Plan" (recorded in Book 94 at Page 6; hereinafter "the Activity Envelope Plan"), the applicant requests that the terms, conditions, and limitations of the Decision and the Activity Envelope Plan be carried forward as terms of the Pre -Annexation Agreement and subsequent land use approvals to be granted for this application with the following limited exceptions (s#T-i-elcen text is proposed for removal while italicized text is proposed as replacement terms; [bracketed text] provides a simple explanation for the proposed striking and/or replacement of text; unaltered and remaining text in italics are proposed for re -use by the TOSV): As part of the Decision, the Pitkin County Community Development Director made the following findings of record, all of which support the Town of Snowmass Village's acceptance and re -use of the approvals and conditions appurtenant thereto, as proposed for amendment below. A) The activity envelope is located outside of the required 25' setback from the isolated wetlands adjacent to the pond, with the exception of the area where the existing dam will be improved along the north edge of the pond and where the driveway will be extended and improved to access the proposed residence. The dam and road improvements are permitted within the 25' buffer "upon a finding that there is no feasible location and that any adverse impacts will be adequately mitigated." There is no alternative location for the dam, which must reside immediately below the pond to provide the needed flood control function; the existing dam is failing and in need of repair. There is no other feasible location for the driveway, which is needed to access and maintain the dam, the proposed residence, and the irrigation ditches on the east side of the ponds and meadows; the driveway will replace an existing ranch road. The Applicant will mitigate on-site for impacts within the buffer area. B) The activity envelope contains slopes of less than 30%. C) The wildfire hazard is rated as low, and can be mitigated pursuant to the provisions of Sec. 7-20-60.c of the Code. D) Parts of the property are within mapped elk winter range and field verified elk production areas; however, the proposed activity envelope avoids these habitat areas and maintains the 'A mile buffer from the production area, as required by Sec. 7-20-70(d)(7) of the Code. In addition, development is proposed in the previously developed portion of the property, which limits impacts to wildlife, wildlife habitat and other ecological resources on the property. E) Although Snowmass Creek flows through the property, the proposed activity envelope avoids the floodplain, as it is located within a different drainage. F) The proposed development is within the mapped Scenic View Protection Area, but is exempt from Scenic View Protection review, pursuant to Sec. 7- 20-120(c)(4)(a) of the Code, because the development is not visible from Snowmass Creek Road. G) The activity envelope avoids all of the acreage historically used for the crop production. H) The proposed development is consistent with the Rural Character Guidelines for Building Location, as the development is sited at the edge of an open meadow, and is clustered in the area that was previously developed. It is hereby proposed that the terms, conditions, and limitations of the Decision and the Activity Envelope Plan approved based on the above-cited findings be carried forward as terms of the Pre -Annexation Agreement and subsequent land use approvals to be granted for this application with the following limited exceptions (stricken text is proposed for removal while italicized text is proposed as replacement terms; [bracketed text] provides a simple explanation for the proposed striking and/or replacement of text; unaltered and remaining text in itialics are proposed for re -use by the TOSV): 1. The Applicant shall adhere to all material representations made in the TOSV land use application and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. Prior to submission of any building permit applicatiens for the residence or 14evelepmen t per—, 1E 4:-- 4— -A -4 A- -14- - A --I n t shall .KtIll- 11- — be requi ;4- 4:-" 1 11 441 r-oun4­ A ired to SUIBMIE.101 Y e LY .tterney-and TDI A I 64-1-4- Ite I lan L� _n-ve.ope Nvith Land -0,4e _eetion --A A --I k6i �tlkl 1 12 lhe a -eve refe,eneed approvals shal.l. be a eendiR-4-" _____A -4- 4-e -ri 14-4- --A final I—— feels n4 4 aL.en of them. [The requirements of this condition of approval have already been satisfied with the recordation of the Activity Envelope Plan.] a kation for I-— V V li-Ire,4 -i-o SUI, -4r- C r_44-_ _D1__ D I bad, or approval. an appl, ewj pursuant to Sees. 2 311.1 In --A ­ I ­ ­ 81 -e voce 7 [Not applicable; this is a requirement particular to the Pitkin County Land Use Code.] 4. T. Le pareelis e r, 7rn xempt _E)M -1 —1� - — "I P — -/' -_ floor area. All barn square foe-Eaalgeiss e-MeMLp I- ft effl L C'__- 14:k 7% /f-- n __ ment and does not couRIE as aifea. [Not applicable; this is particular to the Pitkin County Land Use Code and the subject property will instead be subject to the terms and limitations of its annexation and TOSV land use approvals/ codes.] loll appfopI e nat�ve species. [Not applicable; the Pitkin County earthmoving permit for the dam and access/ driveway has already been issued and the construction has already been completed.] .... . . ..... . 1 11 PUMMM�AW • Mae= -2_22-0-H, M. appfopI e nat�ve species. [Not applicable; the Pitkin County earthmoving permit for the dam and access/ driveway has already been issued and the construction has already been completed.] 6. Prior to issuance of building permit application for the residence, the Applicant shall: A. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. If the development disturbs one (1) acre or more, the Applicant shall apply for and obtain a State Stormwater Permit. All historic and natural drainage patterns shall be maintained. B. Submit a construction management plan for review and approval by the Planning Engineer. C. Complete a fireplace/woodstove registration form with the Community Development Department, if necessary. D. Pay the applicable road and employee housing impact fees. E. Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and fire protection purposes, and for irrigation purposes., if applicable. F. Obtain an on-site wastewater treatment system (OVVTS) construction permit. G. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes, a tree mitigation and a landscape plan. The plan(s) shall specify the type and number of riparian plants to be installed within the "Wetlands Buffer Landscape Restoration Activity Envelope." [The terms of this condition should be carried forward as TOSV requirements but the language should be amended by the Town Planning Department as needed to fit similar TOSV rules/ requirements.] 7. Areas disturbed by construction shall be re -vegetated within one growing season of the project's completion. 8. No development in excess of 30" above or below riatural grade shall occur within the setbaEkS Of the lot7 Nvith the exception of driveways an retainingwa4ls of up to 6' above or below natural gTade and feneing-. Landscaping in the form of berms shall not exceed four feet �rem the most restrictive grade. Any development locatedwithin seet-bare-14-s inmandate4-by County zoning regulations that does not eeniplywith these restri - - require a variance from the Board of Adjustment. Appreval of an activity eiryvelope Nvithin such setbacks does not a " ssure approval of a variance. [Not applicable; this is a requirement particular to the Pitkin County Land Use Code.] 9. The Applicant shall comply with the following standards for Development in a Low Wildfire Hazard Area: A. Defensible Space: The area around all buildings/ structures, limited by property boundaries that may limit a property owner's ability to comply with this section, shall incorporate landscaping with wildfire defensible space considerations as follows (note: actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): 1) brush, debris and non -ornamental vegetation shall be removed within a minimum ten -foot (10') perimeter around all structures. 2) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a minimum of a thirty (30) foot perimeter around a structure built on flat ground. (For greater slopes, reference the CSFS Safety Zone chart in Wildfire Guidelines For Rural Homeowners, which provides general guidelines that may be modified by a wildfire expert acceptable to the County). 3) Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be equal to the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. 4) All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush. 5) Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten (10) feet between the edges of the crowns, except for mature stands of aspen trees where ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and down and dead materials shall be removed. 6) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. 7) The density of fuels up to a one hundred (100) foot perimeter of the structures shall be reduced where natural reduction has not already occurred. 8) All deadfall up to a one hundred (100) foot perimeter shall be removed. 9) No new conifer trees shall be planted within ten (10) feet of a residence. 10) No flammable mulches shall be placed within two (2) feet of a residence. 11) The property owner shall be responsible for the continued maintenance of the defensible space requirements. B. Roofing Materials: Class A covering or Class A assembly as defined by the currently adopted Building Code. No wood shakes or shingles. All other adopted Building Code compliant methods and materials permitted. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. 3) Protrusions above the roofline, such as parapets, shall be prohibited, unless specifically approved by the Fire Marshal. 4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. 5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. C. Maintenance and Miscellaneous Requirements 1) Roofs and gutters shall be kept clear of debris. 2) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth (1/4) inch maximum. 3) Any outbuilding shall adhere to the same wildfire requirements. 4) Yards shall be kept clear of all litter, slash and flammable debris. 5) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. 6) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. 7) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. 8) Swimming pools and ponds shall be accessible by the local fire district. 9) Fences shall be kept clear of brush and debris. 10) Wood fences shall not connect to other structures. 11) Fuel tanks shall be installed underground with an approved container. 12) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire -resistive construction on the exterior side of the walls. 13) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 14) Addresses shall be clearly marked with two (2) inch non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non-combustible post. 15) Utilities shall be extended underground. 10. The Applicant shall comply with the applicable codes and requirements of the Snowmass/ Wildcat Fire Protection District, including but not limited to access, turning around of fire apparatus, automatic fire suppression systems and water supply. 11. The Applicant shall comply with the following conditions regarding wildlife: A. Dogs shall be kenneled within the Development Activity Envelope, on a leash, or indoors (except for working dogs) ep1e ed iJ �� uuvl, Construction workers, caretakers, guests and employees are all permitted dogs as well so long as such dogs are at all times kenneled within the Development Activity Envelope, on a leash, or indoors. [These amendments are proposed so as to maintain consistency with the amended Wildcat approvals to be carried forward.] B. Outdoor construction shall be limited to the period between June 21 and November 31. R application.constructiew, the ser :��th the bui4ding permit [Not. applicable; this requirement is particular to the Pitkin County Land Use Code; landscaping on the Property will be accomplished in accordance with applicable TOSV requirements/limitations.] D. Manipulation of vegetation outside of the activity envelopes is prohibited, except as necessary to comply with the wildfire hazard mitigation measures; to improve wildlife habitat, pursuant to a plan approved by the Division of Wildlife; for weed management (in accordance with "M", below); or normal agricultural activities. In addition, the following structures or improvements may be outside of the Development Activity Envelope: driveways, fences, corrals, ponds and utility extensions, all Wildcat infrastructure, barns and/or sheds with attached or detached caretaker units, so long as the barn is located proximate to pasture lands and within 100 feet of the driveway to the principal unit (any detached caretaker unit must be within 50 feet of the barn), one "back country" type recreation but (with no plumbing, electrical service or vehicular access). [These amendments are proposed so as to maintain consistency with the amended Wildcat approvals to be carried forward.] E. Avoid use of the upper meadows and aspen stands from May 1 through June 21 to protect the elk production area, except for normal agricultural activities. F. Fruit bearing trees and shrubs shall be prohibited. G. Pets shall not be fed outside. H. Lever style door handles shall be avoided on the exterior of the house. I. Bird feeders shall be avoided from April through November. J. Composting shall be restricted to yard waste; composting of food waste is prohibited. K. Trash/ garbage shall be kept in an approved bear resistant container or enclosure - 11L 1 r Contractors are required to provide a bear -proof dumpster/container for all edible and food related trash. [This amendment is simply intended to complete the switch from Pitkin County requirements to TOSV requirements.] L. If horses/ livestock are kept on the property, all hay shall be fenced with 8' high mesh game proof fencing. M. Noxious weeds shall be managed by means of an Integrated Weed Management strategy Plan. [This amendment is simply intended to complete the switch from Pitkin County requirements to TOSV requirements.] N. Fencing shall comply with the following, except for fencing immediately adjacent to the buildings to contain pets or livestock: 1) Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty-four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails. 2) Wire fencing must be three (3) strands or less. The top wire should be a twelve -point -five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands (which may be barbed) should be located a minimum twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. 3) Mesh or woven wire fences are prohibited, except when used for protection around isolated trees or clumps of trees, or to contain hay in a game -proof manner. 12. No development shall occur outside of the approved activity envelopes, with the exceptions of vegetation removal necessary to comply with the wildfire mitigation measures described above, weed management in accordance with condition 11.M. above, and normal agricultural activities. In addition, the following structures or improvements may be outside of the Development Activity Envelope: driveways, fences, corrals, ponds and utility extensions, all Wildcat infrastructure, barns and/or sheds with attached or detached caretaker units, so long as the barn is located proximate to pasture lands and within 100 feet of the driveway to the principal unit (any detached caretaker unit must be within 50 feet of the barn), one "back country" type recreation but (with no plumbing, electrical service or vehicular access). [These amendments are proposed so as to maintain consistency with the amended Wildcat approvals to be carried forward.] 13. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelopes and install construction fencing around the construction site within the perimeter of the envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 14. , [Not applicable; this requirement/ language is particular to Pitkin County; the applicant is amendable to the TOSV including similar language, if deemed necessary.] 1611 ated . [Not applicable; this requirement/ language is particular to Pitkin County; the applicant is amendable to the TOSV including similar language, if deemed necessary.] Jun��0 [Nat applicable; this requirement/ language is particular to Pitkin County; the applicant is amendable to the TOSV including similar language, if deemed necessary, but with a vested rights expiration date of June 20, 2024, so as to maintain consistency with the amended Wildcat approvals being carried forward.] Resolution No.60Y- 2007 Pagel RESOLUTION OF TETE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, REGARDING AN AMENDMENT TO THE SNOWMASS/CAPITOL CREEK CAUCUS BOUNDARY TO EXCLUDE THE PORTION OF THE MOSBACHER RANCH PROPERTY EAST OF THE RIDGELINE SEPARATING THE SNOWMASS CREEK DRAINAGE FROM THE WILDCAT CREEK DRAINAGE RESOLUTION NO. 2007 RECITALS The Snowmass/Capitol Creek Caucus was recognized as a Caucus by the Board of County Commissioners (hereinafter referred to as the "BOCC") pursuant to resolution No. 74-101, 2. Article 4 of the Pitkin County Code (Home Rule Charter) gives the BOCC the authority to recognize caucus areas. Section 4-5 states that caucus areas "shall reflect geographically contiguous areas with social, economic, cultural and environmental communities of interest. " 3. Sandra Mosbacher Lloyd, the owner of the property commonly known as the Mosbacher Ranch (hereinafter referred to as, "the property"), has requested that -- the BOCC approve an amendment to the Snowmass/Capitol Creek Caucus Boundary line to include only that portion of the property that is geographically contiguous with the Caucus area; and to exclude the portion of the property that is not geographically contiguous. Whereas the Caucus boundary line currently follows the applicant's property boundary line, the applicant requests that the caucus boundary be amended to follow a significant north/south running ridgeline that separates the 500+ acre property into two distinct geographic areas. The eastern portion of the ranch is in the Popish Valley which drains into the Wildcat Creek area; The western portion of the ranch is in the Snowmass Creek drainage. The applicant requests that all portions of the ranch east of the ridgeline be excluded from the Caucus area, and that all portions west of the ridgeline remain in the Caucus area (as depicted on the map attached as Exhibit "A.") 4. The property is located between Snowmass Creek Rd and Lake Wildcat Rd., abutting the Town of Snowmass Creek Village on its eastern boundary. 5. The BOCC reviewed the request at a noticed public hearing on December 20, and at a regularly scheduled public meeting on January 10, 2007. 6. The BOCC finds the amendment to be in conformance with Section 4-5 of the Home Rule Charter. 7. The lands on the Mosbacher Ranch east of the ridgeline identified in Exhibit "A," are hereby removed from the Snowmass/Capitol Creek Caucus area. The lands 1111111111111111111111111111111111111111111111111110 X207 12: 11, JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 d 0.00 Resolution No. 0_�(-2007 Page2 on the property west of the ridgeline shall remain in the Snowmass/Capitol Creek Caucus area. S. The portion of the property not included in the Snowmass/Capitol Creek Caucus Area shall hereinafter be considered under the Down Valley Plan for purposes of land use review. NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners that it hereby approves an amendment to the boundary of the Snowmass/Capitol Creek Caucus, excluding all portions of the Mosbacher Ranch property east of the ridgeline (as depicted on the map attached as Exhibit "A.") from the Caucus area, subject to the following conditions: I . Land use application(s) for development on any portion of the Mosbacher property within Pitkin County's jurisdiction shall be referred to the Snowmass/Capitol Caucus for comments, regardless of whether proposed development is located within the Caucus area boundary. 2. Motorized access from the Snowmass Creek Road and/or Wildcat Way for purposes other than emergency access to the eastern (Popish Valley) side of the ridge on the Mosbacher property shall be prohibited. 3. In the event that the Mosbacher property is annexed to the Town of Snowmass Village, the property owner shall cause land use applications for development of the property to be referred to the Snowmass/Capitol Creek Caucus for comments. fft�%Uk r -M% DAY OF JANUARY, 2007. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE L6 DAY OF 2007. ATTEST: Jette Jones De 1I t ty Clerk BOARD OF COUNTYCOMMISSIONERS OF PITKIN COUNJQY, COLORADO -AMS119V Wha6l OwAley' Chair Date 535137 Page: 5 11 111111111111111 111111111111111 /05/2 2 of 007 12:111 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 Resolution No. X2007 Page3 John Cindy Houben Attorney County Community Development Director D 0 -cc) I co-sc Zv 535137 Page: 3 of 5 03/0612007 12:221 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 Is m Schedule A EfOi®IP HAi' 0F. MOSBACHER/SNOWMASS RIDGE LINE A PARCEL NS LAND SITUATED IN SECTIONS 22, 23, 28, 27, 04 & 35 TOWNSHIP 9 SOUTH, RANGE 88 WEST OF THE 6th P.U, CDUHTY OF PITKIN, STATE OF COLORADO 20-a '•J ,�' 1.,� "_ d:ca=J/ �'�1;,ti �.��• "'•= tr'!'.;i`j/_j��'�u :' '::, �1,prf s ::: '�ti':�" �.�J .`y.( •� %�.r'• •t r �`_ ••\.� t%�lI� 1 ? Ly ice•'' `'ll %',''°+ ! �''.�'✓•`• t i ',, , _.,! 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SOPRIS .ENGI— LLC EXHIBIT MAP CTM CONSULTANTS 81823 C SCALE, ,' a 9trfrr r 02 MAIN �' SUITE A3 D" COLORADO (970) 70f-0311 x400# „�a1JOQ x400(—ISP.oYID II 114 III 111111111111 VIII Illllllllllllll 0g 20 M111 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0,00 D 0.00 1A IT T 1111 a 3' M 1) Clear W Ranch LLC (hereafter "Applicant") has applied to the Community Development Director of Pitkin County (hereafter "Director") to obtain the following approvals: A) Activity Envelope Review to accommodate the proposed residence and a future primary residence, agricultural buildings and landscaping; B) Site Plan review approval for a residence (that will serve as a primary residence until such time as a new primary residence is constructed, at which time the residence will be converted to a caretaker dwelling unit, subject to approval); C) Site Plan approval for road and dam improvements; D) GMQS .Exemptions for replacement of floor area and for barns. 2) The property is located at 1551 Popish Road, and is more specifically described in Exhibit A. 3) The parcel is zoned RS -30 and contains 552.4 acres. 4) The parcel is the fathering parcel of what is now the Wildcat Ranch Subdivision, but it is not part of that subdivision. There were two residences on the property, both of which have been demolished and replaced with a modular home. The modular home will be decommissioned when a Certificate of Occupancy is issued for the residence proposed in this application. 5) Pursuant to Resolution No. 104-2007, the BOCC amended the boundary of the Snowmass Capitol Creek Caucus to remove from the Caucus area the lands east of the ridgeline (where the proposed activity envelopes are located), while the lands to the west of the ridgeline remained within the Caucus area. 6) The Director finds that the request complies with the applicable provisions of the Code, as follows: A) The activity envelope is located outside of the required 25' setback from the isolated wetlands adjacent to the pond, with the exception of the area where the existing dam will be improved along the north edge of the pond and where the driveway will be extended and improved to access the proposed residence. The dam and road improvements are permitted within the 25' buffer "upon a finding that there is no feasible location and that any adverse impacts will be adequately mitigated." There is no alternative location for the dam, which must reside immediately below the pond to provide the needed flood control function; the existing dam is failing and in need of repair. There is no other feasible location for the driveway, which is needed to access and maintain the dam, the proposed residence, and the irrigation ditches on the east side of the ponds and meadows; the driveway will replace an existing ranch road. The Applicant will mitigate on-site for impacts within the buffer area. B) The activity envelope contains slopes of less than 30%. C) The wildfire hazard is rated as low, and can be mitigated pursuant to the provisions of Sec. 7-20-60.c of the Code. D) Parts of the property are within mapped elk winter range and field verified elk production areas; however, the proposed activity envelope avoids these habitat areas and maintains the'/ mile buffer Administrative Decision No -2010 Page 2 from the production area, as required by Sec. 7-20-70(d)(7) of the Code. In addition, development is proposed in the previously developed portion of the property, which limits impacts to wildlife, wildlife habitat and other ecological resources on the property. E) Although Snowmass Creek flows through the property, the proposed activity envelope avoids the floodplain, as it is Iocated within a different drainage. F) The proposed development is within the mapped Scenic View Protection Area, but is exempt from Scenic View Protection review, pursuant to See. 7-20-120(c)(4)(a) of the Code, because the development is not visible from Snowmass Creek Road. G) The activity envelope avoids all of the acreage historically used for the crop production. H) The proposed development is consistent with the Rural Character Guidelines for Building Location, as the development is sited at the edge of an open meadow, and is clustered in the area that was previously developed. I) The proposed residential development is exempt from growth management up to 5,750 square feet of floor area, pursuant to Sec. 6-30-110(a) of the Code, which allows for replacement of existing floor area. J) The parcel exceeds 160 acres in size, and, therefore, is eligible for unlimited barn square footage exempt from growth management, pursuant to Sec. 6-30-140 of the Code. APPROVED by the Director, subject to the following conditions, which shall run with the land and be binding on all successors in interest: I . The Applicant shall adhere to all material representations made in the application and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. Prior to submission of any building permit applications for the residence or development permit applications for the road and dam, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan with an Activity Envelope in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation of them. 3. Prior to submission of any building or other development permit applications for the primary residence or any agricultural buildings, the Applicant shall be required to submit for approval an application for Site Plan Review, pursuant to Secs. 2-3020 and 7-10-50 of the Code. 4. The parcel is exempt from the Growth Management up to 5,750 square feet of floor area. All barn square footage is exempt from Growth Management and does not count as floor area. 5. . Prior to issuance of an earthmoving permit application for the dam and an access/driveway permit application, the Applicant shall: A. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. If the development disturbs one (1) acre or more, the Applicant shall apply for and obtain a State Stormwater Permit. All historic and natural drainage patterns shall be maintained, B. Submit a construction management plan for review and approval by the Planning Engineer. C. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes, a tree mitigation and a landscape plan. The proposed plan shall be revised to eliminate and replace "blue joint reed grass" with an appropriate native species. 6. Prior to issuance of building permit application for the residence, the Applicant shall: Administrative Decision N -2010 Page .3 A. Submit a drainage and erosion control pian for review and approval by the Planning Engineer. If the development disturbs one (I) acre or more, the Applicant shall apply for and obtain a State Stormwater Permit. All historic and natural'drainage patterns shall be maintained. B. Submit a construction management plan for review and approval by the Planning Engineer, C. Complete a fireplace/woodstove registration form with the Community Development Department, if necessary. D. Pay the applicable road and employee housing impact fees. E. Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and fire protection purposes, and for irrigation purposes, if applicable. F. Obtain an on-site wastewater treatment system (OWTS) construction permit. G. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes, a tree mitigation and a landscape plan. The plan(s) shall specify the type and number of riparian plants to be installed within the "Wetlands Buffer Landscape Restoration Activity Envelope." 7. Areas disturbed by construction shall be re -vegetated within one growing season of the project's completion. No development in excess of 30" above or below natural grade shall occur within the setbacks of the lot, with the exception of driveways and associated retaining walls of up to 6' above or below natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any development located within setbacks mandated by County zoning regulations that does not comply with these restrictions shall require a variance from the Board of Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a variance. 9. The Applicant shall comply with the following standards for Development in a Low Wildfire Hazard Area: A. Defensible Space: The area around all buildings/structures, limited by property boundaries that may limit a property owner's ability to comply with this section, shall incorporate landscaping with wildfire defensible space considerations as follows (note: actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation•pattems have already fulfilled these conditions): 1) Brush, debris and non -ornamental vegetation shall be removed within a minimum ten -foot (10') perimeter around all structures. 2) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a minimum of a thirty (30) foot perimeter around a structure built on flat ground. (For greater slopes, reference the CSFS Safety Zone chart in Wildfire Guidelines For Rural Homeowners, which provides general guidelines that may be modified by a wildfire expert acceptable to the County). 3) Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be equal to the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. 4) All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush. Administrative Decision No -2010 Page 4 5) Tree crown separation within the thirty (3 0) foot perimeters shall have a minimum of ten (10) feet between the edges of the crowns, except for mature stands of aspen trees where ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and down and dead materials shall be removed. 6) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. 7) The density of fuels up to a one hundred (100) foot perimeter of the structures shall be reduced where natural reduction has not already occurred. 8} All deadfall up to a one hundred (100) foot perimeter shall be removed. 9) No new conifer trees shall be planted within ten (10) feet of a residence. 10) No flammable mulches shall be placed within two (2) feet of a residence. 11) The property owner shall be responsible for the continued maintenance of the defensible space requirements. B. Roofing Materials: Class A covering or Class A assembly as defined by the currently adopted Building Code. No wood shakes or shingles. All other adopted Building Code compliant methods and materials permitted. Roofs with less than a 3:12 pitch are not permitted unless they comply with the -following: 1) All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. 3) Protrusions above the roofline, such as parapets, shall be prohibited, unless specifically approved by the Fire Marshal. 4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. 5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. C. Maintenance and Miscellaneous Requirements 1) Roofs and gutters shall be kept clear of debris. 2) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth (/) inch maximum. 3) Any outbuilding shall adhere to the same wildfire requirements. 4) Ydrds shall be kept clear of all litter, slash and flammable debris. 5) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. 6) Needs and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. 7) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. 8) Swimming pools and ponds shall be accessible by the local fire district. 9) Fences shall be kept clear of brush and debris. Administrative .Decision Ar -2010 Page 5 10) Wood fences shall not connect to other structures. 11) Fuel tanks shall be installed underground with an approved container. 12) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with'standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire -resistive construction on the exterior side of the walls. 13) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 14) Addresses shall be clearly marked with two (2) inch non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non-combustible post. 15) Utilities shall be extended underground, 10. The Applicant shall comply with the applicable codes and requirements of the Snowmass/Wildcat Fire Protection District, including but not limited to access, turning around of fire apparatus, automatic fire suppression systems and water supply. 11. The Applicant shall comply with the following conditions regarding wildlife: A. Dogs shall be kenneled within 50' of a residential building or leashed under human supervision at all times, except for dogs working as partt of an agricultural operation, when at work. Contractors shall be prohibited from bringing their dogs on-site. B. Outdoor construction shall be limited to the period between June 21 and November 31. C. A vegetative screen shall be planted on the south side of the residence to be located on the east side of the pond, prior to commencement of construction; the screening shall be shown on the landscape plan submitted with the building permit application. D. Manipulation of vegetation outside of the activity envelopes is prohibited, except as necessary to comply with the wildfire hazard mitigation measures; to improve wildlife habitat, pursuant to a pian approved by the Division of Wildlife; for weed management (in accordance with "M", below); or normal agricultural activities. E. Avoid use of the upper meadows and aspen stands from May I through June 21 to protect the elk production area, except for normal agricultural activities. F. Fruit bearing trees and shrubs shall be prohibited. G. Pets shall not be fed outside. H. Lever style door handles shall be avoided on the exterior of the house. I. Bird feeders shall be avoided from April through November. J. Composting shall be restricted to yard waste; composting of food waste is prohibited. K. Trash/garbage shall be kept in an approved bear resistant container or enclosure as required by the County's Wildlife Protection Ordinance. Contractors are required to provide a bear -proof durnpster/container for all edible and food related trash. L. If horses/livestock are kept on the property, all hay shall be fenced with 8' high mesh game proof fencing. M. Noxious weeds shall be managed by means of an Integrated Weed Management strategy according to the Pitkin County Weed Management PIan. N. Fencing shall comply with the following, except for fencing immediately adjacent to the buildings to contain pets or livestock: 1) Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty-four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails. Administrative Decision No -2010 Page 6 2) Wire fencing must be three (3) strands or less. The top wire should be a twelve -point -five .. (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands (which may be barbed) should be located a minimum. twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. 3) Mesh or woven wire fences are prohibited, except when used for protection around isolated- trees solatedtrees or clumps of trees, or to contain hay in a game -proof manner. 12. No development shall occur outside of the approved activity envelopes, with the exceptions of vegetation removal necessary to comply with the wildfire mitigation measures described above, weed management in accordance with condition 11.M. above, and normal agricultural activities. 13, Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelopes and install construction fencing around the construction site within the perimeter of the envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 14. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit. Any structures represented in the application may not be permitted under building and zoning regulations. 15. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. 16. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on 1ise�� 12013. NOTICE OF PUBLIC HEARING PUBLISHED IN THE r, • day of . 2010. APPROVED by the Director, this )--;�� day of �� --i , 2010. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the day of , 2010. Cindy Houben, Community Development Director PID#264527100001 P021-10 PARCEL A: A parcel of land being situated in Sections 26, 27, 34 and 35, Township 9 South, Range 86 West of the 6th Principal Meridian. Said parcel is more fully described as follows: Beginning at a point from whence the Northeast corner of said Section 27 bears N 48°59'09" E, thence N 41000'1}0" E, 791.90 feet; thence East, 2331.07 feel; thende South, 4802.86 feet; thence West, 2841.84 feet; thence N 33021'00" E, 236.79 feet; thence N 12°44'00" E, 222.28 feet; thence N 84°58'00" E, 184.50 feet; thence N 12'33'27" E, 1832.28 feet; thence East, 350.00 feet; thence Borth, 1250.57 feet; thence West, 350.00 feet; thence South, 1244.57 feet; thence West, 770.22 feet; thence North, 1980.00 feet to the point of beginning. PARCEL t3: 1481.03 feet; A parcel of land being part of Sections 22, 23 and 27, Township 9 South, Range 86 West of the 6th Principal Meridian. ,aid parcel is more fully described as follows: Beginning at a point whence the Northeast corner of said Section 27 bears N 88°14'31" E, 2048.46 feet; thence N 89°12' E, 405.13 feet to the centerline of Snowmass Creek; thence along the centerline of Snowmass Creek the following courses and distances: thence N 58°25' E, 295.04 feet; thence N 15°10' E, 237.58 feet; thence N 45'10' E, 412.40 feet; thence N 50051' E, 136.71 feet; thence N 38°45' E, 126.41 feet; thence N "'28' E, 227.45 feet; thence N 14°16' W, 199.41 feet; thence N 56002' E, 54.94 feet; thence N 27°46' E, 196.06 feet; thence N 45°10' E, 146.88 feet; thence N 45°34' E, 298.51 feet; thence N 32°34' W, 146.53 feet; thence N 13°52' E, 314.11 feet; thence N 08°44' E, 165.58 feet; thence N 43°52' E, 107.24 feet; thence N 84°12' E, 137.77 feet; thence N 84013' E, 222.72 feet; thence departing from the centerline of Snowmass-Creek S 49'00'E, 1152.61 feet; thence S 41'00'W, 4140.40 feet; thence N 49°00' W, 963.33 feet to the Easterly line of Lot 3 of said Section 27; thence N 00°59' E, 434.64 feet along said Easterly line; 'fence N 35000'E, 531.59 feet to the point of beginning. PARCEL C: is more fully described as follows= Beginning at a point from whence the Northeast corner of said Section 27 bears N 46°13'11" E, 2261.71 feet; thence N 41000' E, 785.66 feet; }hence South, 2316.91 feet; .hence West, 108.20 feet; thence N 89'29'W, 490.00 feet; thence S 00°12' E, 253.04 feet; thence S 82'25'W, 442.59 feet to a point on the centerline of Snowmass Creek; thence along the centerline of Snowmass Creek the following courses and distances: N 04°01' W, 94.56 feet; N 38°50' E, 161.29 feet; N 11 °09' W, 350.60 feet; N 07'12' W, 94.93 feet; N 02°58' E, 89.19 feet; N 17°08' E, 228.33 feet; N 22°55' E, 71.86 feet; N 08-06'W, 158.87 feet; thence departing from the centerline of Snowmass Creek N 86'52' W, 1186.70 feet to a point on the Easterly line of the Snowmass Creels Road right of way; thence along said Easterly line the following courses and distances: N 30°1608" E, 61.16 feet; 58.83 feet along the arc of a curve to the left having a radius of 984.93 feet (the chord of which bears N 28°32'28" E, 58.82 feet); N 26°49'48" E, 120.47 feet; 239.24 feet along the arc of a curve to the right having a.radius of 1879.86 feet (the chord of which bears N 30028'33" E, 239.08 feet); N. 34°0718" E, 420.14 feet; 195.81 feet along the arc of a curve to the left having a radius of 848.51 feet (the chord of which bears N 27°30'38" E, 195.38 feet); 1120-53'58" E, 220.35 feet; thence departing from the Easterly line of the SnOwmass Creek Road right of way N 89°49'05" E, 242.50 feet; thence N 0059'56" E, 263.52 feet; thence S 49'00' E, 963.33 feet to the point of beginning. A parcel of land being a part of Section 23, 26 and 35, Township 9 South, Range 86 West of the 6th Principal Meridian. Said parcel is more fully described as follows: MOTE: For the purposes of this description the West line of said Section 26 shall be assumed to bear S 01°02'47" W. Commencing at the Northwest corner of said Section 26; thence along the West line of said Section 26, S 01'02'47" W, a distance of 379.60 feet; thence S 89°52'31" E, a distance of 695.39 feet to the TRUE POINT OF BEGINNING; thence N 3104919" E, a distance of 301.26 feet; thence N 45°23'58" E, a distance of 341.63 feet; thence N 46036'45" E, a distance of 77.42 feet; thence N 46037'22" E, a distance of 187.28 feet; thence N 52°39'05: E, a distance of 94.95 feet; thence N 2935'40" E, a distance of 396.58 feet; thence N 63°07'27" E, a distance of 369.38 feet; thence S 29°51'44" W, a distance of 862.26 feet; thence S 43022'29" E, a distance of 472.44 feet; thence.S 48018'33" E, a distance of 911.55 feet; thence S 08'00'52" W, a distance of 711.92 feet; `-ience S 02°30'04" W, a distance of 492.82 feet; 'dience S 23047'56" W, a distance of 275.85 feet; thence S 0851'54" W, a distance of 433.32 feet; thence S 01°12`02" E, a distance of 2046.87 feet; thon'+c c A r,*0RInd,' Int n riicianra of 9'111 q4 f-e4- thence itis 56°51'58" W, a distance .89.50 feet; thence N 25°15'28" W, a distance of 379.32 feet; thence N 25038'49" W, a distance of 305.70 feet; thence N 29°29'46" W, a distance of 307.77 feet; `hence N 14056'43" W, a distance of 97.47 feet; thence N 05°10'45" W, a distance of 122.11 feet; thence S 89°52'31" E, a distance of 1804.25 feet; thence N 00007'29" E, a distance of 4802.86 feet; thence N 89052'31" W, a distance of 1049.20 feet to the TRUE POINT OF BEGINNING. PARCEL E-. The Northeast rectangular portion of Lot 2, Second Plat Amendment to the Perry Christensen Subdivision situated in Section 27, Township 9 South, Range 86 West of the 6th Principal Meridian. Said parcel is more fully described as follows: Beginning at the Northeast corner of Lot 2, Second Plat Amendment to the Perry Christensed Subdivision; thence South, 1250.57 feet thence West, 350.00 feet; thence North, 6.00 feet; thence North, 1244.57 feet; thence East, 350.00 feet to the point of beginning. EXCEPTING FROM the above descriptions that certain property conveyed to Wildcat Manch, Ltd., in Deed recorded August 17, 1995 in Book 791 at Page 123. h :f EXCEPTING FROM the above descriptions that certain property conveyed to Patrick Henry and Kristen Henry, in Deed recorded June 2, 1994 in Book 752 at Page 235. TOGETHER WITH the following perpetual, non-exclusive access easements and rights-of-way, to wit: (i) from Colorado tate Highway 82 to the insured property, as granted in Deed recorded January 21, 1975 in Book 295 at Page 741 and confirmed in Paragraph 2 of the Agreement, Confirmation and Grant of Easements recorded October 3, 1989 in gook 603 at Page 888; (ii) from Sinclair Road to the insured property, as granted in Paragraph 1 of the Agreement, Confirmation and Grant of Easements recorded October 3, 1989 in Book 603 at Page 888; and (iii) from Snowmass Creek Road to the insured property, as granted in Paragraph l of the Agreement and Grant of Easement recorded October 3,1989 lin Book 603 at Page 869. W, 4 Q<p A'o— — — — - -y-o zzzzzzzN �OyOyNAvNA�NzzZzzZ zzZZzzz 2mo z➢m OA yTSo> D "0 ONz DA mnZ X fTl�Z NO V Nb01 W NN 1duAUU NON V �� -COIN W NN(p !`?� V pOmN�mz O mD0 • O SNA W O' NN m47zj =1 D X F AA 0-:00 VN.. 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PROFESSIONAL CORPORATION THIRD FLOOR, ASPEN PLAZA BUILDING 533 E. HOPKINS AVENUE ASPEN, COLORADO, 81611 W W W.OKGKLAW.COM LEONARD M. OATES RICHARD A KNEZEVICH TED D. GARDENSWARTZ DAVID B. KELLY MARIA MORROW OF COUNSEL: STEPHEN R. CONNOR ANNE MARIE McPHEE SARAH M. OATES November 21, 2011 Town of Snowmass Village Attn: Chris Conrad P.O. Box 5010 Snowmass Village, CO 81615 Re Clear W Ranch Domestic Water Supply Dear Chris: TELEPHONE (970) 920-1700 FACSIMILE (970) 920-1121 AMM@okglaw.com VIA HAND -DELIVERY This letter is to confirm the domestic water supply for the Clear W Ranch, LLC property, located in Pitkin County, Colorado. Currently, domestic water is provided to the property by an "exempt" well operating under Permit No. 881927. "Exempt" wells are considered to have de minimus impact on the stream and thus are not subject to curtailment under Colorado's water administration system. The permit was issued pursuant to C.R.S.§ 37-92-602, which allows a well on a property greater than 35 acres in size to be used for ordinary household purposes in up to three single-family residences, fire protection, irrigation of not more than one acre of lawn and gardens, and stockwatering. While the permit limits the pumping rate of the well to 15 gallons per minute, the Well Completion and Pump Installation Report shows that the well is actually capable of producing a sustained yield of 25 gallons per minute, which is more than adequate to serve several residences. Clear W Ranch, LLC currently has a pending case in Water Division No. 5 Case 07CW256, under which Clear W Ranch is seeking to increase the permitted amount of diversions from the well to 25 gallons per minute. Use of the well would still be limited to domestic use, fire protection, irrigation and stock watering. Once the decree in Case 07CW256 is issued, Clear W Ranch will obtain a new permit under the terms of the decree. Until that time, Clear W Ranch will continue to operate under its existing well permit. Please feel free to contact me if you have any questions. Thank you. Macintosh HD:Users:smo:Ltbrary:Mail Downloads:11.20.11 LTR to TOSV re Water Sapply.doc OATES, KNEZEVICH, GARDENsWARTZ & KELLY P.C. Clear W — Letter to Chris Conrail November 21, 2011 Page 2 Very Truly Yours, 93 — R room • �' T- �, � l@i 1461-e iI&w 7/&;D/tee Anne Marie McPhee PO Box 2844 Glenwood Springs, CO 81602 Ph 970-618-5033 Fax 303-216-2796 January 28, 2010 Clear W Ranch Attn: Dave Ritchie C/O Jeff Ruhl 605 East Main Street Aspen, CO 81611 Onsite Wastewater System Feasibility Report 1551 Popish Road Clear W Ranch Pitkin County, Colorado Dave, Project No. 1627 As requested, ALL SERVICE septic, LLC performed an onsite wastewater system (OWS) subsurface investigation in December 2009, and conducted a feasibility study for the location of the OWS. The subject property is located in Pitkin County, outside of the Town of Snowmass, Colorado. A CDU is being considered as indicated on Figure 1. The CDU will have one bedroom. The septic tank may be installed as indicated on Figure 1. The septic tank will have a pump and an . effluent filter. Two locations are being considered for installation of the drain field. Due to slope, vegetation, and proximity to proposed structures, the south location, as indicated, is preferred. Please call with questions. Sincerely, Reviewer ALL SERVICE septic, LLC a Richard F Timothy R. Petz, P.G. 2 copies sent Copy emailed to Dave Ritchie, Poss Architecture 7 + ttt t t + + I+ t + + t 4 Proposed CDU -- DRAIN FIELD FEASIBILITY STUDY i TdT t 1 12' ` SCAM: 1" _ "0' 30% slope+ NORTH DRAIN FIELD LOCATION (must be 20' from 9 ' CDU, may require PVC liner to maintain / setbacks to cut banks and/or retaining walls, proposed trees may have to be 'relocated) pump line to o north drain o j field j Septic Tank (ejector pump located inside CDU may direct sewage to tank, due to etbacks and grades) 30% slope+ l PO Box 2844 y��fIC Glenwood Springs, C081602 Ph 970-618-5033 Fax 303-216-2796 January 22nd 2010 Clear W Ranch LLC Attn: Jeff Ruhl PO Box 10195 Palo Alto, CA 94303 Subsurface Investigation and Percolation Test for CDU Clear W Ranch 1551 Popish Road Pitkin County, Colorado ALL SERVICE septic, LLC, performed a subsurface investigation and percolation test for the subject property, on December 12th 2009. The test was performed in accordance with Pitkin County Regulations. The subject property is located in a rural area, outside of the town of Snowmass where onsite wastewater systems (OWS) and wells are necessary. Two ponds lie to the west of the proposed CDU and the proposed CDU drain field. There is an existing trailer at the subject site which utilizes a separate OWS. The slope at the area of the percolation holes slopes approximately 15% to the west, and vegetation consists of a native grasses with clusters of aspen trees. The subsurface was investigated by digging one profile pit and three percolation holes, at the locations indicated on Figure 1. The materials in the profile hole consisted of 1.5 -feet of a sandy clay root zone, underlain by sandy clay with scattered rocks to the maximum depth explored of 8 feet. Groundwater or bedrock was not encountered. Percolation rates ranged from 40 minutes per inch (MPI) to 20 MPI, with an average rate of 29 MPI. Results are based on field investigations and data provided by the client. If soil conditions encountered are different from conditions described in report, ALL SERVICE septic, LLC should be notified Please call with questions. Sincerely, ALL SERVICE Septic, LLC Timothy R. Petz Copy emailed to Dave Ritchie with Poss Architecture 3 copies sent Reviewed By: PROFILE HOLE INFORMATION ALL SERVICE septic, LLC 970-618-5033 NEW= 0 2 CLAY, SANDY, ROOT ZONE, BROWN TO DARK BROWN CLAY, SANDY, STIFF TO VERY STIFF, WITH SCATTERED ROCKS UP TO 1 FT IN DIAMETER, MOIST, BROWN TO Lu 4 RED. � w 5 f o� NEW N �7 L10 NO GROUNDWATER ENCOUNTERED DURING DIGGING PROJECT NO. 1627 PITKIN COUNTY ENVIRONMENTAL HEALTH DEPARTMENT Percolation Test and Soils Data Form - TABLE 1 = PROJECT 1627 ,Performed by All Service Septic, LLC HHUI-ILL HI I Date of Test: 12/12/2009 0 - 1.5' Root Zone, Sandy Clay, Brown to Dark Brown 1.5'-8.0' Clay, Sandy, Silty, Stiff, Scattered Rocks (up to 1ft diarn) Moist Brown to Red No Groundwater or Bedrock was Encountered Hole No. Hole Depth (in.) Interval (min.) Measurement at Start of Interval (in.) Measurement at End of Interval (in.) Change (in.) Percolation Rate (min./in.) MPI 1 40 20 1.75 3.25 1.50 3.50 4.50 1.00 20 3.25 4.00 0.75 20 5.50 6.50 20 4.00 4.50 0.50 20 4.50 5.00 0.50 20 5.00 5.50 0.50 40 20 5.50 6.50 1.00 2 38 20 2.25 4.00 1.75 20 4.00 4.75 0.75 20 4.75 5.75 1.00 20 5.75 6.75 1.00 fill 20 3.00 4.25 1.25 20 4.25 5.00 0.75 27 3 40 20 2.00 4.00 2.00 20 4.00 6.00 2.00 20 6.00 dry fill 20 3.50 4.50 1.00 20 4.50 5.50 1.00 20 5.50 6.50 1.00 20