HomeMy WebLinkAbout1.0 ApplicationAPPLICATION
Special Use Permit s2
GARFIELD COUNTY PLANNING DEPARTMENT 19;i
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
CIARFKILD COUNTY
Telephone: 970.945.8212 Facsimile: 970.945.7785
Submittal Date: September 11, 1998 Base Fee: $400 "•
Applicant: Edward B. Larsh
c/o Caloia & Houpt, P.C.
Address of Applicant: 1204 Grand Avenue
Glenwood Springs, CO 81601
Special Use Being Requested: Accessory Dwelling Unit
Telephone: ( 970) 945-6067
Zone District: A/R/RD Size of Property: 7.36 acres
Application Requirements: These items must be submitted with the application
1 ] Plans and specifications for the proposed use including the hours of operation, the amount of vehicles
accessing the site on a daily, weekly and/or monthly basis, and the size of any existing or proposed
structures that will be utilized in conjunction with the proposed use. Please submit this information
in narrative form and be specific.
21 If you will be using water or will be treating wastewater in conjunction with the proposed use, please
detail the amount of water that would be used and the type of wastewater treatment. If you will be
utilizing well water, please attach a copy of the appropriate well permit and any other legal water
supply information, including a water allotment contract or an approved water augmentation plan.
3] A map drawn to scale portraying your property. all structures on the property, and the County or State
roadways within one (1) mile of your property. If you are proposing a new or expanded access onto
a County or State roadway, submit a driveway or highway access permit.
4 A vicinity map, showing slope of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map
will suffice.
5] A copy of the appropriate portion ofa Garfield County Assessor's Map showing all public and private
landowners adjacent to your property. Include a list of all property owners and their addresses.
6] Anacn a copy of the deed and a legal description of the property. If you are acting as an agent tor the
pronertv owner, you must attacn an acknowledgment from the property owner that you may act in
his/her behalf.
7] For all applications pertaining to airports, the oil and gas industry, power generation and/or
transmission industry, or any other classified industrial operation, you must submit an impact
statement consistent with the requirements of Sections 5.03, paragraphs 1 thru 3; 5.03.07, inclusive:
and 5.03.08, inclusive.
The consideration of this proposed Special Use will require at least one (l) public hearing, for which public
notice must be provided. The Planning Department will mail you information concerning this hearing(s).
approximately 30 days prior to the scheduled hearing. You will then be required to notify, by certified return
receipt mail, all adjacent landowners and publish the notice provided by the Planning Department, in a
newspaper of general circulation. both these notices must be mailed/published at least 15 days prior to the
public hearing. The applicant shall bear the cost of mailing and publication and proof of mailing and
publication must be submitted at the time of the public hearing.
The information tained�wiithin this apt ication is omplete and correct, to the best of my knowledge:
GC
Apphcaa
AZ -EY - �2i :
ATTACHMENT TO APPLICATION FOR SPECIAL USE PERMIT SUBMITTED BY
EDWARD B. LARSH
The numbered paragraphs below correspond with the numbered "Application
Requirements" on the attached, completed Planning Department Application Form.
1. Plans and specifications for the proposed use.
Proposed use. The Special Use Permit sought is for an accessory dwelling unit to be
located on Mr. Ed Larsh's property, designated as Lot "B" on the second amended plat of
the Larsh Subdivision Exemption. The Larsh Subdivision Exemption was approved by
Resolution 94-035 of the Garfield County Commissioners. The second amended plat
("plat") is recorded with the Garfield County Clerk and Recorder at Reception No.
507972. (A copy of the plat is attached hereto as Exhibit "A.") Mr. Larsh's lot, Lot B, is
approximately 7.36 acres.
A drawing of the proposed accessory dwelling unit, prepared by architect James H. Field
or Carbondale, is attached as Exhibit "B."
Because the County's approval of the Larsh subdivision exemption pre -dates 7/95, under
section 3.02.03 of the County Zoning Code, the accessory dwelling unit is a special use
and must meet the standards in section 5.03.021.
The criteria under section 5.03.021 are:
(a) The minimum lot size shall be four (4) acres containing a building site with slopes
less than 40% at least two (2) acres in size. Mr. Larsh's total lot size is 7.36 acres and is
therefore greater than the required minimum. The lot meets the slope criteria as shown
by the vicinity map referenced below in paragraph 4.
(b) The gross floor area for residential use occupancy shall not exceed 1500 square
feet. Mr. Larsh proposes a structure of no more than 1,500 square feet.
(c) Approval from the subdivision homeowners association and/or allowed by
covenant, if applicable. There are no covenants, deed or plat restrictions that would
prohibit the proposed accessory dwelling unit on the portion of Lot B designated as
"Development Area" on the plat. Approximately 5.36 acres of Lot B are subject to a
conservation easement for the benefit of the Aspen Valley Land Trust, but the proposed
unit is not to be constructed within the area of Lot B encumbered by the conservation
easement (as depicted on the plat). The proposed unit is to be built wholly within the
boundaries of the "Development Area" for Lot B designated on the plat.
LARSH-Permit App -I
Attachment to Larsh Special Use Permit Application
Page 2 of 4
(d) Proof of a legally adequate source of water for an additional dwelling unit. Mr.
Larsh has an undivided one-half interest in the following: (i) the Larsh Well, Well Permit
No. 049385-F (attached as Exhibit C, together with approved Statement of Beneficial Use
dated 2/26/98) which specifically authorizes Mr. Larsh and his adjacent neighbors and
well co-owners, John and Debbie Patrick, household use and limited irrigation for "two
primary and two secondary" dwellings for a total of four units on Lots A & B (see permit
condition no. 4) ; and (ii) Amended Water Allotment Contract No. 194 with the Basalt
Water Conservancy District signed 9/8/97 (copy attached as Exhibit D); and (c) "Water
Sharing and Easement Agreement" between Mr. Larsh and John & Debbie Patrick,
recorded October 20, 1997, with the Garfield County Clerk and Recorder in Book 1039 at
Page 139 as Reception No. 515232 (copy attached as Exhibit E). Mr. Larsh's one-half
interest amounts to 1.15 acre feet annually for domestic use and limited lawn and garden
irrigation. Mr. Larsh also owns six shares of stock in the Glenwood Irrigation Company
(see copy of Larsh's Warranty Deed and his assignment to the Patricks of certain water
rights, both attached as Exhibit F).
(e) Compliance with the County individual sewage disposal system regulations or
proof of a legal ability to connect to an approved central sewage treatment facility. An
individual sewage disposal system complying with County regulations exists on the lot
and is sufficient for both the primary residence and the proposed accessory dwelling unit.
(f) Only leasehold interests in the dwelling unit is allowed. The proposed special use
will conform with this restriction.
(g) That all construction complies with the appropriate County building code
requirements. All improvements associated with the proposed accessory dwelling unit
will be constructed in accordance with applicable County building code requirements.
Hours of Operation: residential.
Daily vehicular traffic accessing the site: no more than ten trips per day are projected.
2. Water and wastewater.
For water availability, please see subparagraph 1(d) above, and all exhibits referenced
therein. For wastewater and sewage disposal, please see subparagraph 1(e) above.
3. Map to scale of property, all structures, and County or State roadways within one mile of
property.
LARSH-Permit App -1
Attachment to Larsh Special Use Permit Application
Page 3 of 4
Please see: copy of plat (Exhibit "A") showing the present residential site and garage
foundation; the architect's plans attached as Exhibit "B"; and the Vicinity Map
referenced in the next paragraph.
4. Vicinity map showing slope.
Please see vicinity map depicted on the plat, and a slightly enlarged map of that depicted
area on an excerpt from the Cattle Creek quadrangle map of the USGS attached as
Exhibit G.
5. Copy of appropriate portion of Garfield County Assessor's Map and list of adjacent
property owners.
Please see copy of NW quadrant of Assessor's Map No. 2393-20 attached as Exhibit H.
According to the records of the Garfield County Assessor's office, the property owners
adjacent to Mr. Larsh's lot are:
John and Debbie Patrick
P.O. Box 1131
Basalt, CO 81621
D.G. & Ruby Ann Richardson
9177 Highway 82
Carbondale, CO 81623-9682
Wilma S. Martin, William Richard Martin,
John Charles Martin & Jimmie Lou Cardoza
13112 Highway 82
Carbondale, CO 81623-9508
The Southern Pacific Railroad right of way depicted on the plat is currently owned by the
Roaring Fork Railroad Holding Authority, although Union Pacific Railroad continues to
have a right of way interest in the corridor.
Roaring Fork Railroad Holding Authority
P.O. Box 1270
Carbondale, CO 81623
with a copy to c/o Robert Noone, Esq.
Robert M. Noone, P.C.
1001 Grand Ave.
LARSH-Permit App -1
'�O
Attachment to Larsh Special Use Permit Application
Page 4 of 4
P. O. Drawer 39
Glenwood Springs, CO 81601
Union Pacific Railroad
Attn: Jack Nelson
1800 Farnum St.
Omaha, NE 68102
6. Copy of Deed, Legal Description, and Authorization of Agent.
A copy of the recorded warranty deed by which Mr. Larsh and the late Jane Larsh
acquired the property (now divided into lots A & B) is attached as Exhibit F. Mr. Larsh
is the mineral rights holder of the property with the exception that the property is subject
to a reservation of mineral rights (and rights of way for ditches and canals) contained in
the U.S. Patent issued to Veranus R. Sharp on October 24, 1893, recorded in Book 12 at
Page 249 as Reception No. 23549 in the records of the Clerk and Recorder for Garfield
County, Colorado.
A copy of the legal description for Mr. Larsh's present lot at issue, Lot "B," is set forth
on the plat. (See also Exhibit F, Mr. Larsh's warranty deed.)
Mr. Larsh's signed authorization for Sherry Caloia of Caloia & Houpt, P.C. to act as his
agent is attached as Exhibit I.
7. This Application does not pertain to any classified industrial operations.
LARSH-Permit App -1
Form No.
GWS -25
APPLICANT
OFFICE OF TH' TATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
EXST
WELL PERMIT NUMBER 049385 - -
DIV. 5 CNTY. 23 WD 38 DES. BASIN MD
Lot:
Block: Filing:
JOHN & DEBBIE PATRICK, EDWARD LARSH
% RHONDA BAZIL
323 W MAIN ST
ASPEN CO 81611-
(970)925-7171
PERMIT TO USE AN EXISTING WELL
Subdiv: LARSH
APPROVED WELL LOCATION
GARFIELD COUNTY
NE 1/4 NE 1/4 Section 19
Twp 7 S RANGE 88 W 6th P.M.
DISTANCES FROM SECTION LINES
888 Ft. from North Section Line
127 Ft. from East Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
COND[T1ONS OF APPROVAL
1) This well shall be used In such a way as to cause no material Injury to existing water rights. The issuance of the permit does
not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right
from seeking relief in a civil court action.
2) The construction of this well shall be In compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a
variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in
accordance with Rule 18.
3) Approved pursuant to CRS 37-90-137(2) for the extended use of an existing well, appropriating ground water tributary to the
Roaring Fork River, as an alternate point of diversion to the Basalt Conduit, on the condition that the well shall be operated only
when the Basalt Water Conservancy District's substitute water supply plan, approved by the State Engineer, Is In effect and when
a water allotment contract between the well owner and the Basalt Water Conservancy District for the release of replacement water
from Ruedl Reservoir is In effect, or under an approved plan for augmentation. BWCD contract No. 3.3.5.194(amended).
4) The use of ground water from this well is limited to ordinary, household purposes Inside two primary and two secondary (for a
total of four units on two lots described as Lots A & B, Larsh subdivision) dwellings including the Irrigation of not more than
10,000 square feet total (0.23 acre) of garden and lawn. All use of this well will be curtailed unless the water allotment contract
or a plan for augmentation Is In effect.
5) The maximum pumping rate shall not exceed 15 GPM.
6) The total annual amount of ground water to be appropriated shall not exceed 2.3 acre-feet (749,500 gallons).
7) Totalizing flow meters must be installed as described in the well sharing agreement dated 12/15/95. These must be maintained
In good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least monthly)
and submitted to the Division Engineer upon request.
8) The well must be located within 200 feet of the location specified on this permit, and at least 600 feet from any other existing well,
unless the other existing well is owned by the applicant, or a waiver has been obtained.
9) The owners shall mark the well in a conspicuous place with well permit number(s), and court case number(s) as appropriate.
The owner shall take necessary means and precautions to preserve these markings.
NOTE: Canceled permits 47195-F, 42570-F, and 148415, were previously Issued for this well.
APPROVED
TLC
Receipt No.
State Engineer
0423228
DATE ISSUED D E C 3 1 1997
.L4.97
By
EXPIRATION DATE DEC 3 1 1998
J /a.
FORM NO.
GWS-10
03/S2
STATE OF COLOfyr+DO
OFFICE OF THE STATE ENGINEER
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
For Office Use only
--- -
- _' '_
FOR INSTRUCTIONS, SEE REVERSE SIDE
cJA.t'{ 2 t) 199:
STATEMENT OF BENEFICIAL USE
WELL PERMIT NUMBER 049385-F
„ :._.:c;,,,•.c._,
- -L. -
1.
WELL OWNER
R'=CEiVED
John and Debbie Patrick and
NAME(S) Edward Larsh
Mailing Address c/o Rhonda J. Bazi1
City, St. Zip 632 East Hopkins, Aspen, CO 81611
Phone ( 970 ) 925-7171
°t "' `"O
2.
WELL LOCATION: COUNTY Pitkin OWNER'S WELL DESIGNATION Larsh Well
(Addross)
NE 1/4 of the NE 1/4, Sea. 19 Twp. 7 D N. or
X
(.112:y) (State) � P o)
S., Range 88 FIE. E. or Fri W. 6th P.M.
Distances from Section Lines 888 Ft. from
X
N. or D S. Line, 127 Ft. from
1
E. or D W. Line.
3.
The well is being used for the following purpose(s): ordinary household purposes and the irrigation
of 10,000 square feet of lawn and gardens
4.
Water from the well was first used beneficially
under this permit number, for the above described purposes on January 1 19 98
(Do not report a date which is before the issued date of this permit)
5.
The pumping rate claimed is 15 gallons per minute.
6.
The average annual amount of water diverted is 2.3 acre feet.
7.
The land area irrigated (watered) by water from this well is: 10, 000
(�
I ,
Acres or Fl Square feet,
(Number)
•
described as: •
(Legal Description)
or as Larsh Subdivision Subdivision Lot(s) A&B Block Filing/Unit
8.
Wolf drilled by: existing Lic. No:
Pump installed by: existing Lic. No:
9. Meter Mfg. by existing Serial No.: Date Installed:
I (we) have read the statements made herein, know the contents thereof,
knowledge. [Pursuant to Section 24-4-104 (13)(a) C.R.S., the making
in the second degree and is punishable as a Class 1 misdeme or.]
and state that they are true to my (our)
of false statements herein constitutes perjury
10. NamefTitIe (Please type or print)
Edward Larsh
Signature
��
Date
FOR OFFICE USE ONLY
Accepted that those conditions
stated on the permit are
1r' 43
"eai, I
complied
S1
of approval a
with, ,
ih,a4� FEB 2 61-"4
— State Engineer B�3 /��
Court Case No. Div. 5 Co. w .. T.-sinMD
Date
Use
6-26-1998 12:07PM FROG TRICK 970 927 4317 P.4
AMENDMENT TO WATER ALLOTMENT CONTRACT
BASALT WATER CONSERVANCY DISTRICT
EDWARD B. LARSH
CONTRACT NO, 194
WHEREAS, the Basalt Water Conservancy District (hereinafter the "District") granted
Water AlIottnent Contract No. 194 dated June 8, 1992, (the "Contract") to EDWARD 13.
LARSII (the "Applicant) for 0.6 acre feet to serve certain property located in Garfield County,
Colorado; and
WHEREAS, by Amendment dated June 12, 1995, the District approved an increase of
the storage water allotted thereunder to 1.6 acre feet; and
WIIEREAS, the Applicant has requested that the Contract be amended by increase of the
storage water allotted thereunder to 2.3 acre feet to accommodate one additional dwelling unit
and lawn and garden irrigation up to 10,000 square feet.
WHEREFORE, the Contract shall be and hereby is amended to provide that the Applicant
shall be entitled to receive and apply to beneficial use 2.3 acre feet per year of storage water
owned and controlled by the District; provided that this Amendment shall be subject to the
following conditions:
1. The Applicant has acknowledged that the land to be benefitted by the Contract is
described as Lots A and 13, Larsh Subdivision, according to the amended plat recorded as
Reception No. , Garfield County Clerk and Recorder's Office (the
"property"). The structures currently on the property consist of a primary residence and
caretaker unit on Lot A, and a primary residence on Lot B. Applicant has applied for a building
permit for construction of a caretaker unit on Lot 13, and therefore Applicant requires an increase
in the amount of water allotted hereunder for this additional dwelling unit.
2. Applicant has ,represented to the District that the proposed use of the land to be
benefitted by the water allotted hereunder has been approved by the applicable governmental
authorities having jurisdiction over such land use and by executing the attached water allotment
contract warrants to the District that the lots to be benefitted hereunder are legally subdivided.
3. The well through which diversion of the allotted water will be made was
constructed under Well Permit No. 42570 as issued by the Colorado Division of Water
Resources and the Applicant has applied for a new well permit for such well. Applicant shall
provide the District a copy of Applicant's valid well permit for such well before the District is
obligated to deliver water for the benefit of Applicant hereunder. Said well is the subject of that
certain Well -Sharing Agreement dated December 15, 1995, and recorded as Reception
No. , Garfield County Clerk and Recorder's Office. The Applicant shall
provide the District with copies of any amendments to such Well -Sharing Agreement. Applicant
must comply with the well -spacing requirements set forth in C.R.S. §37-90-137, as amended,
if applicable. Compliance with said statutory well -spacing criteria shall be an express condition
of the extension of service hereunder, and the District shall in no way be liable for an
Applicant's failure to comply.
_ SPECIAL USE PERMIT - ED LARS:I
",1K,101.,,R,I..M11,,,.,, j�� EXHIBIT "D"
6-26-1998 12:08PM FR01 %TRICK 970 927 4317 P.5
4. By executing this Contract and accepting the benefits thereof, the Applicant agrees
that all charges and fees assessed under this Contract are the joint and several obligation of all
of the owners of the property described in Exhibit "A"; provided, however, the owners of said
property shall at all times designate one person as a responsible party to whom the District
should direct all communication regarding the Contract. Such designated party shall be Edward
B. Larsh at 598 Foam St., Monterey, CA 93940 until the District is otherwise notified in
writing. The Applicant acknowledges for himself and for his successors in interest that the
allotment of water under this Contract is expressly conditioned upon the full and timely
performance of all obligations of his Contract. Applicant and his successors and assigns shall
comply with all rules and regulations now existing or hereafter adopted by the District to enforce
payment of charges due under the approved Contract by present and future owners of all or any
parr of the real property served under this Contract.
Except as herein expressly amended and modified, said Water Allotment Contract shall
be and retrain in full force and effect.
Dated this 22, -day of
1997. c
nt-
Edward 13. Larsh
The foregoing Amendment to Water Allotment Contract � �.
is approved by the Board of
ov
Directors of the Basalt Water Conservancy District on this a - day of '
1997.
13y:
Basalt Water Conservancy District
resident
-7S
6-26-1998 12:08PM FRU \TRICK 978 927 4317
1111111 110111011 11111111111111 t '1I 1111111111111111
t 515232 10/20/1997 01:34P B . P139 173
1 of 5 R 26.00 D 0.00 N 0.00 GARFIELD CLERK
WATER SHARING AND EASEMENT AGREEMENT
THIS WATER SHARING AND EASEMENT AGREEMENT is made and entered into
this n%day of October, 1997, by and between EDWARD B. LARSH ("Larsh"), whose
address is 1513 Devers Court, Marina CA 93933, and JOHN PATRICK and DEBBIE PATRICK
("Patrick"), whose address is P.O. Box 1899, Aspen, Colorado 81612.
RECITALS
1. Larsh is the owner of Lots A and B, Larsh Subdivision Exemption, the Plat of
which is recorded in the records of Garfield County, Colorado, at Reception No.
507972 (the "Plat").
2. Patrick are the purchasers of Lot A of the Larsh Subdivision Exemption.
3. Larsh and Patrick currently share water produced from a well operating under
Well Permit No. 042570-F (the "Well") which is currently permitted for
household use only inside three single family homes. The parties shall jointly
apply for an amended well pennit providing for both domestic use in two single
family homes and two caretaker units and the irrigation of up to 10,000 square
feet of lawns and gardens.
4. The Well is used to divert Larsh and Patrick's interest in the Burry Spring.
5. The previous Well Sharing Agreement of Larsh and Patrick dated December 15,
1997, is merged herewith.
NOW, THEREFORE, the parties agree as follows:
I. WELL PROVISIONS
A. The parties shall be jointly responsible for installing an electric meter to monitor
the power usage of the subject Well.
B. The parties shall each be responsible for installing, maintaining and replacing
water meters on the lines servicing their respective Lots A and 13, at their own cost
and expense.
C. The parties shall share equally in the maintenance, operation, repair and
replacement of the Well, Well pump, electric meter and the water lines serving
Lots A and B. Any water line or portion thereof that serves only one property
shall be maintained, operated, repaired and replaced at the sole cost and expense
of the party benefitted by the water line.
Colorado West Title Insurance Company
817 Colorado Ave., Suite 108
7o Glenwood Springs, CO 81601
(07C) 845.0408
SPECIAL USE PERMIT - ED LARSH
EXHIBIT "E"
•
6-26-1998 12:09PM FROI ATRICK 970 927 4317 P_7
1 111111 11111 111111 1111F 1i 11101111111 III IIIA 1111 IIII
515232 10/20/1997 ba:34P 81039 P140 173
2 of 5 R 26.00 D 0.00 N 0.00 GARFIELD CLERK
D. Following installation of said systems to service Lot B, and upon the beginning of
actual water usage on Lot B, an electrical meter reading on the pump shall be
taken each month. The parties shall pay the cost of the electric bill created by the
use of the pump in proportion to the percentage of total water usage each month,
as established by the readings from the water meters installed on each party's
main water line, provided however that each party agrees to limit their total usage
of water from the Well to one-half of the amount allowed under the well permit
and the Water Allotment Contract. Each party will be limited to a maximum of
5,000 square feet of lawn and garden irrigation.. In the event that either party's
usage shall cause any such violation, they shall pay a penalty fee at a rate of $9.00
per month for each 100 gallons or portion thereof in excess of the limitations.
Any party exceeding said limit shall also agree to cease and desist from said
excess usage from the moment at which it is discovered. Any penalties payable as
provided herein shall be placed in a maintenance account, and used for any repairs
or maintenance which might become necessary to maintain the subject Well.
E. The parties acknowledge that the continued operation of the Well may be
dependent upon the release of water from Reudi Reservoir pursuant to a Water
Allotment Contract between the Basalt Water Conservancy District and Larsh
dated June 8, 1992, amended June 12, 1995, and September 8, 1997 (Contract No.
194), and that the failure to maintain the Water Allotment Contract in full force
and effect may result in the termination of such releases under the Water
Allotment Contract.
Larsh shall be solely responsible for ensuring that all terms and
conditions of the Water Allotment Contract are timely satisfied.
Larsh shall make all required payments to the Basalt Water
Conservancy District in connection with the Water Allotment
Contract. From and after November I, 1995, and upon
presentation of proof of such payment by Larsh, Patrick shall
immediately reimburse Larsh for one-half of the amount of such
payments. Patrick shall cooperate with Larsh to ensure that all
terms and conditions of the Water Allotment Contract as amended
are satisfied.
ii. Upon the purchase by Patrick from Larsh of Lot A in accordance
with the Option to Purchase Agreement between the parties, Larsh
shall convey to Patrick by quitclaim deed an undivided one-half
interest in the Well.
F. The parties agree to utilize the water from the Well in accordance with the terms
of the Well Permit and the Basalt Water Conservancy District Water Allotment
Contract.
in 11nnrnnri.a mus
019231 10/20/100/ 01t 4P MHO 141 173
3NORMOO 00,00 COO SIM «.I*
1L DWT('lt PROVISIONS
11o4 Lot A and Lot tl obtain irrigation water from the Glenwood Irrigation
('nmpnny. There are Ihree existing Intern) headgates from the Glenwood
Irrigation Company ditch that ate located nn the pmpeNy. the Intend headgntes
cotast of gated outlets from the Glenwood Irrigation Company's piped ditch.
(the of the lateral headgates in located within the 'Ditch Pump Easement' n
shown nn the Pint. there is a Necond interni hendgate nn Lot A and one lateral
hendgate on Lot 11.
It i he parties shall slimy in the coat of operation, mnintennnce, repair and
replacement of any jointly used Intern' hemigates and any jointly used irrigation
equipment in the following percentnges: Fifty-seven 157%) Patrick rind Forty-
three (41%) Loral.
1 nrsh shall have the right to use the Ditch Pump Easement and 10' Wide Irrigation
Water Easement to divert his water linin the Glenwood Irrigation Company ditch.
Ile ntny place n water line within the Ito' Wide Irrigation Water Easement either
above or helms, ground. I.arsh shall also have the right to place a wnter pipeline
either above or below ground on Lot A Conservation Easement for the purpose of
disening wader from the Glenwood Irrigation Company ditch lateral headgate
located on Lot 1i.
I t Tach party shall he required to constntcl measuring devices in the lateral
headgntes as ntny be required by the Glenwood Inigntion C'ompnny.
111. EASEMENTS
I he Warrants Deed from Larsh to Patrick, recorded In Book//QVat Page 9/__
or Ow records of the Clerk and Recorder of (infield County. Colorado, reserves
unto Latah the Iidiuwing easements for operation of the Well and the irrigntion
4) stems!
A liken (15) loot water line and utility easement for the Well:
ii. A Ditch Pump Emement:
A ten (IO) foot wide Irrigation Water Easement;
iv. A ten ( Ili) lion wide water line easement across Lot A - Conservation "''
1(nsentent.
3
ru23�a , t a a
etea � inert 111t3441111t34411u. n t»
4.1 eN».tietlfa.NN11,N0.111110 cLflK
These eexementx (except fat the wale? line easement described In paragraph iv)
me reflected on the plat entitled `Second Amendment • bash Subdivision Exemption" recorded
AN Reception No. 501972 in the real pmperty records of Garfield County, Colorado.
tV. GENERAL t'foVtsit)NS
A. lids Well Blaring Agreement shall he binding upon and Inure to the benefit of the
heirs. successors, and assigns of the parties hereto.
II. In the event of enforcement of this Agreement by one party against the other, the
p�rvniling party shall he entitled to recover its reasonable attorneys fees.
1'. Payment of shared expenses provided for in this Agreement are due upon receipt
of n hill or a written request for payment. Failure to make a payment within ten
(In) days of the due date shall result in the imposition of interest on the past due
balance in the amount of eighteen (18) percent per annum until paid.
I f. I his agreement constitutes the entire agreement between the parties refilling to the
subject hereof. and any prior agreements pertaining thereto, whether oral or
written. have been merged and integrated into this agreement.
IN N'IINESS WI IrREGI', the ponies hove executed this Agreement on the date written
A
Edward a. f.nrsh
'l'A 11$1, K"
. 1101111111111110111111hiX11111111111111111111111111
915232 1e/2e/111e7 ft1134P sten P143 173
,,� Def ti II 2e. ee o e. f,a N COI 01111f191.0E0 CLEW
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\cknnaledged before me by I?(1h‘artl 11. 1.arsh. this _ day of t: etohcr. 1997.
Witness my hand and official seal.
\1% commission expires: ft' ;
SI A I I: OI ('t 1I.)I2AI)(1
( nllntl nl (ia►field
}
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NtIti nhltc
Acknowledged before mc by John Patrick. this 1% day of October. 1997.
Witness any hand and official seal.
\1� commission expires:
SI,\1I O1 (t)1.(1ItAt)(1
('outfit nl'(ilulicld
1ss.
}
Notary'I'i hlic
Acknottledgcd hciitrc me by 1)chhie Pntrirk. this l2_ day of October. 1997.
Witness nn' hand ntld official seal.
\It commission expires:_... A..!.,.7
Notary I't►hlic
5
AM
RsdlpnOea No
WARRANTY DEED
11119D66D,Mode this 10th isyN Juty
19 80,terra . RAYMOND L. BALDWIN AND DONNA LEK 8A4011IN
1
mr9" Agin �" .
eg the n�
.n�,1 *Gamy or tier lcepa
sue ftOMMiSvaMew.lent : ED MRs'N AND JANE LOVE('
*hose legal tiddler, la P.O. HOU 173
Woody Croak, Colorado 81666
erre County of Pitkin gent Rh* MCaleade, Dirt*t _�f
WtTNFSS. that the gager, kr ad M eausldeSt* di the wen of TEN DOLe4RS AND OT11ER 0000 ANDMLAkS,
80 VALUABLE CONSIDERATION
the tetelpt and sufficiency et wNch if haeby acganwkdged, tar need, ErgoMed; atdd geld anrryed. pier by lager gegen* d&N1.
part. haupb , retia coney and (natty' tato the grantees, Mrheht and assign* Maxis, nal In tenancy in tenrknbdl Ih1MM Igerhey.
N1 the teal property, together 'Mb Imptowements. It any. Brame, lying and being F,the d °1y RI'
Garfield rd Stated Cokrdo.deatdhed a+(Iknm:
SEE ATTACHED "EXHIBIT -A"
ger
also known by stteetand mitis vacant loud
100ETNER with ,9 and singular the hereditament* ad appurtenances teir:nobelonging. or le tit vise i$ rdatnMt
reversion and rattans. remainder and remainders. reins, issues and profits therco( and all die auk. tight, dere, haute, delis rd
demand whswxset of the grantee either in kw or equity, of, in and to the abase bitrined jeemhat, Milt the bMlDerh alb Ogg
appurtenances -
1O HAVE ANY. 19) HOLD the mid premises abase e brained and deacn.ed, wthe ig ernentr, and WtbSgSSt,
1 assigns forcer. And the grainer, far mtelf. his nein ed moral rpatmatisb, doesC amiht, grtl ,tttgMNtmd agNt 10MK
I with the grantees, their heirs and assigns, that at tire time of erailing rddelimy of these prerms,PthwelleebedotRte prwlhet
I above conveyed. has good, sure, perfect, absolute and indefeasible tare of inhrhanee. in law, In fee Stride/ 104 gMa&,*I �litl j
miner and sonority to grant. burin, sell and convey therm in manner and tmh aforesaid, red that these* adifttC'andtlelr'
Flan all former and oma grams. betgalm. sales, liens. tea. asseainns, emvmbrrtra and rardcaettadwlisS, ldlld7lenefotd A.
soesee, aree4 easements restrictions, reservations, covenants. end, rf.BAtd'dji`•rEfeB', .;.^?
i all of record, and real- property tares for the year 1986, not;ysb dsrCctor j7ajlethLe,_
I
The grantor shall and AN
wad WARRANT D IOREVER DEFEND die a6ae-0rgaind penises Int the s.1
possession of the $ranges, their help and insigne, legend all ed eery potion ler perms laafully chhNeg the edible
1. The singular number shall Include the phial, the plural tlesingular, and the ma of any guru aI41 be pall
I IN !MESS WHEREOF
tthe grantor
hast attend doh deed sen the die sit forth shorn.. y}�, l 1 ,e{
.raui tS ' .�eace w '. M elit/a-.6t 4u eUG'1L?r IT
RAYMOND b. BALDWIN . . .- . DONNA LBW BALDWIN
a
,a
STATE OF COIDRADd
County of Carfiebd
i The forcgu,ng inurement was whom/tedged bet= me Or ' 10th'
by WAYMOND L. BALJW7N AND DONNA LEE BALDWIN
-:,'<,, I I,� Moine my hand and eAcidsal..:
.. , MyCrmniaaaap1es. April 28
SPECIAL USE PERMIT - ED LARSH
e
069
i n k Dasa. ;nab* tit sad ...—
IPte. .411A. We 3.A4. w.*Wer twiDT Iw Damao aweaySars fats w se Fe. IYssinsmoo'
EXHIBIT 'tF"
"EXHIBIT A'
A Parcel or land situated in Lots 1 and 2, Section 20 and in the
NAND.IM, .S, eclying We9 sterlynof thehDenv7 eruend,RionGrand8 e Nesternt
he -
Railroad and Easterly or the center of the Roaring Fork River'
described as follows;
Beginning at the Northeast rorner of that land described in Book
622 at Page 548 as Reception No. 339418, whence the point Of.
beginning of said document bears S. 46.45'24" N. 148.69 feet and "
also whence the Witness Corner to the North Quarter Corner of said
Section 20 bears; N. 21.42'45" E. 1414.36 feet;
thence Nest 682.25 feet along the Northerly line of raid doeumentpj,
to a point in the center of said river;
thence N. 48.00'00" N. 136.10 feet along the center of said rine;
thence M. 64.45'00" N. 336.27 feet along the center of eeid-river,'
thence N. 5465+'00" E. 1105.42 feet;
thence S. 36609'00" E. 801.50 feet along the Westerly right-Of-waulc
of said railroad;
thence Nest 271.01 feet to a point on the Easterly line bt'the
Glenwood Ditch;
thence S. 04.47'00" N. 223.72 feet along the Easterly line of the''
Glenwood Ditch to the point of beginning.
COUNTY OF GARFIELD
STATE OF COLORADO
Together with a non-exclusive easement to be Used for
road and utility purposes being 10.00 feet in width
lying 9.00 feet on each side or the following described
centerline:
Beginning at a point at the intersection of.a roeU is
construct:d and in place and highway No. 02, whence the
Northeast -Corner of Section 20 bears; S.:28800'00,: W1.
405.00 feet;
thence along the centerline of said road to:a point9.0'
feet Nraterly of the westerly right -or -way line.;OC be
Denver and Rio Grande Western Railroad;
thence adjacent and parallel to said reiiroad_J
right-of-way line 1750.00 feet,.. rare or: less. PROVX
NOWLWtit, that the grant of that portion of said easiaent:},
which lies within the boundaries of the"right•-of-wy Of i'
Tike Denver and Rio Grande Western Railroad fa sada with-''
out any covenants of Warranty whatsoever and that such
portion of said easement is hereby quit-clairsd,to said
parties of the second part.
ALSO TOGETHER with an un -divided one-half (y1 intertest in'and"to the?'
Burry Spring and all water and water rights adjudicated thereto,'with
easements es described in the Deed recorded in Book 497. at paggee 223:
as Reception No. 278911 of the Garfield County records. chis intentit
in ‘he Burry Spring is conveyed without warranty.
ALSO TOGETHER with tit* water and water tights represented by
(15) shares of stock in the Glenwood irrigation Cospany.;,,;;
6-26-1998 12:06PM FROM r^TRICK 970 927 4317 �Gt�l� 2
ASSIGNMENT
This Assignment is made this f7*day of October, 1997, by ED LARSH ("Assignor"),
1.513 Devers Court, Marina, California 93933 and the JOHN PATRICK and DEBBIE PATRICK
("Assignees"), whose address is P.O. Box 1899, Aspen, CO 81612 of the County of Garfield and
State of Colorado:
In consideration of the payment of Ten Dollars ($10.00) and other good and valuable
consideration by Assignees to Assignor, the receipt of which is hereby acknowledged, Assignor
hereby assign to Assignees all of his right, title and interest in and to the following:
Assignor:
An undivided one-half (1/2) interest in and to Colorado Division of
Water Resources Well Permit Number 042570-F issued July 23,
1993;
An undivided one-half (1/2) interest in and to the Basalt Water
Conservancy District Water Allotment Contract No. 194; and
Nine (9) shares of stock in the Glenwood Irrigation Company.
Ed Larsh
STATE OF P1cy2,-4 )
)ss.
COUNTY OF ,„)
The foregoing Assignment was acknowledged before me this f> day of September, 1997
by Ed Larsh.
WITNESS my hand and official seal.
My commission expires: IP -3-97
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SPECIAL USE PERMIT - ED LARSH
EXHIBIT "G"
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/••
Edward B. Larsh
802 Redwood Lane
Pacific Grove, CA 93950
August 24, 1998
Garfield County Planning Department
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Re: Application for Special Use Permit for Accessory Dwelling Unit;
Larsh Subdivision Exemption, Lot "B"
Dear Planning Department Representative:
This letter is to notify you that I am the owner of Lot "B" of the Larsh Subdivision
Exemption, as shown on the amended plat thereof recorded in the office of the Clerk and
Recorder for Garfield County, Colorado as Reception No. 507972, and I authorize the law firm
of Caloia & Houpt, P.C., specifically Sherry A. Caloia, Esq., to act as my agent in pursuing all
action necessary for approval of a special use permit (for the purpose of an accessory dwelling
unit) by the Garfield County Commissioners, as referenced above.
LARSH-auth letter -1
Sincerely,
EDWARD B. LARSH
orb
— SPECIAL USE PERMIT - ED LARSH
EXHIBIT "I"
CALOIA & HOUPT, P.C.
ATTORNEYS AT LAW
1204 GRAND AVENUE
GLENWOOD SPRINGS, COLORADO 81601
SHERRY A. CALOIA
JEI-BERSON V. HOUPT
BARBARA P. KOZELKA
John Barbee, Senior Planner
Garfield County Planning Department
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
September 28, 1998
TELEPHONE: (970) 945-6067
FACSIMILE: (970) 945-6292
E-mail: caloia&houpt@sopris.net
Re: Supplement to Application for Special Use Permit for Edward B. Larsh
Dear John:
Enclosed please find the following for supplementation to the above application:
• Excerpt from assessor's map 2393-19, designated at Exhibit "H," page 2. This is
added because parcels 2393-191-00-037 and -389, while located across the river from
Mr. Larsh's property, may nonetheless qualify as "adjacent" parcels. It's difficult to
tell from the maps whether both are actually adjacent, so we are taking the conservative
approach and will provide notice to both parcel owners: Richard Burry and Robert
Burry, 9175 Highway 82, Carbondale, CO 81623-9682 (for parcel - 037); and RH
Glen, Inc., 3940 Inverness, Houston, TX 77019-1004 (for parcel - 389).
• We are having a surveyor survey the site for the proposed ADU in relation to the
current building envelope and garage foundation. Thank you for confirming with me
on the telephone that we need not survey the exact footprint of the main house, so long
as it is determinable where the ADU is in relation to the building envelope and garage.
We expect to have that survey map shortly.
• Please note that I have changed two aspects of the "Public Notice" you sent: The legal
description of the lot you attached was from Mr. Larsh's original warranty deed for
both Lots A & B, so (as we discussed on the telephone) I substituted the description for
Lot B only. I apologize for the confusion I must have created on that point. Also, in
your "practical description" of the property in the lot, I changed the phrase "south of
Carbondale" to "northwest of Carbondale."
Please call me if you have questions or comments. Thank you for your assistance.
Sincerely,
CALOIA & HOUPT, P.C.
BPK/fm
encl.
cc: Ed Larsh (w/encl)
LARSH-Barbee-ltr
Barbara P. Kozelka
2661 9 Z cOR
fir++s�7
611
•
O.O
gra)
ION •CA -
CLUB VILLA TRACT A
RIVERFRONT VILLAS
TRACT A
ERFRONT CLUB VILLA
TRACT B
GOLF CLUBHOUSE PARCEL
LUB VILLA TRA
)RK MESA AT ASPEN GLEN
GOLF COURSE PARCEL 5
10
0
N
N
Excerpt from Garfield
County Assessor's Map
No. 2393-19
T.7S.,R.88W., Sec.19
EXHIBIT "H", PAGE 2
PUBLIC NOTICE
TAKE NOTICE that Edward B. Larsh have applied to the Garfield County Board of County
Commissioners, Garfield County, State of Colorado, to grant approval of an application to allow an
accessory dwelling unit in the A/R/RD zone, in connection with the following described property
situated in the County of Garfield, State of Colorado; to -wit:
Legal Description: See attached
Practical Description: 9179 Highway 82,northwest of the To'An of Carbondale
Said application is to allow a single accessory dwelling unit to be placed on 7.36 acres.
All persons affected by the proposed accessory dwelling unit are invited to appear and state their
views, protests or support. If you can not appear personally at such hearing, then you are urged to
state your views by letter, as the Board of County Commissioners will give consideration to the
comments of surrounding property owners and others affected in deciding whether to grant or deny
the request for the accessory dwelling unit. This accessory dwelling unit application may be reviewed
at the office of the Planning Department located at 109 8th Street, Suite 303, Garfield County
Courthouse, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday
through Friday.
That a scheduled public hearing on the application has been set for the 19th day of October, 1998,
at the hour of 3:45 p.m., in the Garfield County Commissioners Chambers, Garfield County
Courthouse, Suite 301, 109 8th Street, Glenwood Sings, Colorado
Planning Department
Garfield County
LEGAL DESCRIPTION FOR PUBLIC NOTICE OF APPLICATION MADE BY
EDWARD B. LARSI-I TO GARFIELD COUNTY FOR SPECIAL USE PERMIT
LOT 13 (as shown on the Second Amended Plat for the Larsh Subdivision Exemption recorded in
the Office of the Clerk & Recorder for Garfield County, Colorado at Reception No. 507972):
A parcel of land situated in Lots 1 and 2 of Section 20 and in the NE1/4 NE 1/4 of Section 19, all
in 'I'ownship 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado,
lying easterly of the center of the Roaring Fork River and westerly of the Westerly right-of-way
line of the Southern Pacific Transportation company Railroad, and being more particularly
described as follows:
Beginning at a point on the Northerly boundary line of that land described in Book 622 at Page
548 as Reception No. 339418 of the records of the clerk and recorder of said Garfield County,
whence the Witness Corner to the NI/4 Corner of said Section 20 bears N 21°42'45" E1414.36
feet; thence West 682.25 feet along the Northerly boundary line of that land described in said
Reception No. 339418 to a point in the center of said Roaring Fork River; thence N 48°00'00"
W 136.10 feet along said river centerline, thence N 64°45'00" W 52.24 feet along said river
centerline; thence N 57°51'43" E 509.86 feet; thence S 81°01'14" E 336.54 feet to a point on the
centerline of a 20 foot wide utility easement; thence N. 03°03'10" W 253.25 feet along said
centerline; thence N 33°38'07" E 90.52 feet along said centerline to a point on the Westerly
right-of-way line of said railroad; thence S 36°09'00" E 541.63 feet along said Westerly right -of -
say line; thence West 271.01 feet; thence S 04°47'00" W 223.72 feet to the point of beginning,
containing 7.36 acres more or less.
COUNTY OF GARFIELD,
STATE OF COLORADO.
LARSI I -Int 11 Legal Description
-3�
CALOIA & HOUPT, P.C.
ATTORNEYS AT LAW
1204 GRAND AVENUE
GLENWOOD SPRINGS, COLORADO 81601
SHERRY A. CALOIA
JEH bRSON V. HOUPT
BARBARA P KOZELKA
John Barbee, Senior Planner
Garfield County Planning Department
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
October 16, 1998
VIA HAND DELIVERY
TELEPHONE: (970) 945-6067
FACSIMILE: (970) 945-6292
E-mail: caloia&houpt@sopris.net
Re: Application for Special Use Permit for Edward B. Larsh
Dear John:
This letter follows our telephone conversation yesterday regarding supplemental materials for
the above -referenced application. Enclosed please find:
1. A copy of the Affidavit (w/attachment) I have prepared for Ed Larsh's signature regarding
his assurances as to the use and placement of the caboose. I expect to have a signature
later today or by Monday.
2. A draft proposed agreement prepared by the Patricks' attorney (Marty Pickett) and revised
by me. I discussed this agreement last night with Ed Larsh and he agreed to sign it; Ms.
Pickett's office is making the revisions and I will supply you with a clean copy ASAP.
3. A copy a letter dated 10/15/97 to Tom Newland of RFRHA covering copies of the
applicable license agreement and assignment approved by RFRHA.
4. A copy of a letter dated 9/24/97 from Ms. Pickett to RFRHA which confirms that RFRHA
was aware of the use and proposed use of the property at the time the assignment was
made the next month.
As yet I have not been able to reach the conservation easement holder and confirm their consent
to the alternative access, but I'm continuing to work on that. Please let me know if there is anything
further I can provide that would be helpful. Thanks for all of your help.
CAL
Sincerely,
IA & HOUPT, P
Barbara P. Kozelka
BPK/fm
encl.
cc: Ed Larsh (w/encl)
LARSH-Barbee-ltr-3
-3
S'TAT'E OF CALIFORNIA )
) ss.
COUNTY OF
AFFIDAVIT
1, Edward 13. Larsh, am over the age of eighteen years and state the following of my
personal knowledge and free will:
I . I am a resident of Garfield County, Colorado, and the record owner of Lot B, Larsh
Subdivision Exemption, according to the Second Amended Plat thereof fled of record
with the Clerk and Recorder for Garfield County, Colorado at Reception No. 507972.
For the purpose of this affidavit, I will refer to this property as "my property."
2. 1 have filed an application for a special use permit with the Planning Department for
Garfield County, Colorado, in order to obtain County permission for an accessory
dwelling unit ("ADU") on my property. Although I will be unable to attend the hearing
on my application before the Garfield County Commissioners on October 19, 1998, I
have retained the law film of Caloia & Houpt, P.C. to represent me.
3. Attached to this affidavit is an excerpt from a survey map showing the current existing
structures on my property: my house, my garage, an observation deck designed like a
water tower, a caboose, and the site for my proposed ADU. The full survey map has
been filed with the County.
4. I am a railroad enthusiast and on my property I have an historical railroad caboose that I
own as a collector's item.
5. I understand from the Garfield County Planning Department that I cannot use the
caboose for any type of living space, but that I can keep the caboose as a collector's item,
as I would a lawn ornament or similar work of art. However, I also understand that any
amenities in the caboose that would make it usable as living space (plumbing, etc.) must
be removed from the caboose and that I trust move the location of the caboose so that it
is more than ten feet away from any of the other structures on my property.
6. I have made arrangements to have the caboose moved to an appropriate location on my
property, as sketched on the attached map excerpt. I have also made arrangements to
have any amenities in the caboose removed so that it cannot be used as living space. I
will be able to follow up on these arrangements upon my return to my property on
November 8, 1998.
7. AIso, 1 understand from the Garfield County Planning Department that my observation
deck will be acceptable under County regulations so long as it is appropriately connected
Affidavit of Edward B. Latch
Page 2 of 2
to my ADU. I am arranging to have this done by a deck and walkway to connect the
ADU with the observation deck.
8. In short, it is my intention to fully comply with all County requirements and restrictions
applicable to my request for approval of a special use permit.
Edward B. Larsh
Subscribed and sworn to before me this day of October, 1998, by Edward B. Larsh.
WITNESS my hand and official seal.
My Commission expires:
LA RSI I -affidavit -1
Notary Public
-33
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AGREEMENT
THIS AGREEMENT made this day of October, 1998, by and between Ed Larsh
("Larsh"), John Patrick and Debbie Patrick ("Patricks"), collectively referred to as the
"Parties."
WHEREAS, the Patricks purchased property from Larsh on October 17, 1997, known as
Lot A, as shown on the Sccond Amendment - Larsh Subdivision Exemption Plat recorded
May 7, 1997, as Reception No. 507972 ("Lot A") , also described on the attached Exhibit "A;"
and
WHEREAS, Larsh owns property adjacent to the Patricks described as Lot B, as shown
on the Second Amendment - Larsh Subdivision Exemption Plat ("Plat") recorded May 7, 1997,
as Reception No. 50792 ("Lot B"); and
WHEREAS, the parties entered into a purchase agreement whereby the Patricks agreed,
on certain terms and conditions, to allow a caboose and garage outside the Designated Building
Site for Lot B as shown on the Plat; and
WHEREAS, Larsh now wishes to add an additional building as an accessory dwelling
unit on Lot B, outside the Designated .Building Site; and
WHEREAS, the Patricks are willing to allow this additional construction subject to
certain additionally terms and conditions as set forth herein.
NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable
consideration, the receipt of which is acknowledged, the panics hereto agree as follows:
1. Allowable Accessory Dwelling Unit on Lot B. The Patricks hereby
acknowledge and agree that Larsh shall have the right to construct an Accessory Dwelling Unit
on Lot B in the location as shown on the attached Exhibit "B" as well as maintaining the caboese-
and garage in the location%as shown on the attached Exhibit "B,' rtuict -t-ko en.huose re ( c>c<<_i cr
etz,) C M E x tv tam* (� "
2. Caboose. Larsh hereby agrees, pursuant to the sworn affidavit attached as Exhibit 1,
"C," that the caboose shall be stripped of utilities, allowed to remain on Lot B onl as an ---
ornamental structure, and shall not be used at any time for residential purposes. * Com' LQ lr` (t0 -,Jr
�_1 t v I s6cd
3. Well. The parties currently share a well. pursuant to Well P r+ t No. 042570 F
the Water Sharing and Easement Agreement recorded as Reception No 5232 and Water
Allotment Contract No. 94 with the Basalt Water Conservancy D. ct.. Larsh intends to drill a (t e
separate well on Lot Brt�t . du shall convey all of his erest in and to this existing
well to the Patricks. U til that time, Larsh shall o draw water from the well
accordance with the bove referenced documents _ /4
c ' � a -i e (Axel S r wt l keel 4 < l 6i r c .., i. Ve r
4. Termination of Road Easement Lush pienni'natexiand forever release,( ' -'
that certain Road Easement and Maintenance Agreement b tween the Parties dated October 17, ,I -Lt-,.
9171/PW i RgJ.n r7F, v s
I 1711'1 I AAJIJ 1-1-1'11.1
AC•7T RffT—CT—Iffl
Ips -r W---i,u.n c1,0 144.107.6vi t -r trm "0 iti (. e
1997, recorded as Reception No. 515233 The Patricks shallvhave the .right to immediately
remove and revegetate the existing road pursuant to said Easeni iiF N
5. Right of First Refusal
r-
„0 ;
a. If, at any time after the date of this Agreement, Larsh shall desire to offer
to sell Lot B, or shall receive from a third party a bona fide offer to
purchase Lot B which Larsh desires to accept, Larsh before making or
accepting the offer, as the case may be, shall send the Patricks two copies
of a contract for sale of Lot B embodying the terms of the offer, both
copies of which shall have been duly executed by Larsh, together with a
written notification from Larsh of Larsh's intention to make or accept the
offer embodied in the contract, as the case may be, if the offer is not
accepted by the Patricks. The Patricks shall have the right, within thirty
(30) days of the receipt of the contract and the written notice, to purchase
Lot B on the terms and conditions set forth in the contract. In the event
the Patricks elect to accept the offer embodied in the contract, the Patricks
must do so by executing one copy of the contract and returning it to Larsh
within the first thirty (30) day period.
b. If the Patricks do not accept the offer embodied in the contract within the
thirty (30) day period provided in paragraph 1 hereof, then the offer
embodied in the contract shall be deemed withdrawn and Larsh shall be
free for a period of ninety (90) days from the expiration of the thirty (30)
day period to sell or offer to sell Lot B to third parties on terms not less
favorable to Larsh than those set forth in the contract and clear of this
Right of First Refusal. In the event Lot B is not sold to a third party
within the ninety (90) day period, then any further offer to sell or to
purchase Lot 13 must first be submitted to the Patricks in accordance with
the provisions of paragraph a.
c. In the event Larsh shall, during the aforesaid ninety (90) day period (or
during a subsequent ninety (90) day period as in this paragraph (c)
provided), decide to revise the terms of its offer so that Lot B shall be
offered for sale upon terms less favorable to Larsh than those contained in
any contract previously submitted to the Patricks, or shall receive from a
third party a bona fide offer to purchase Lot B on less favorable terms,
which offer Larsh is willing to accept (such favorable terms being
hereinafter referred to as a"New Offer"), then Larsh shall, with respect to
each such New Offer, before offering Lot 13 for sale to others on the terms
embodied in the New Offer, or accepting the New Offer, as the case may
be, offer to sell Lot 13 to the Patricks on the terms contained in the then
current New Offer. The teens of the New Offer shall be embodied in a
new contract for the sale of Lot B, which shall be submitted to the Patricks
in accordance with the requirements of paragraph 1 above. if the Patricks
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shall not accept the New Offer within ten (10) days afler the receipt of the
new contract and the written notice referred to in paragraph 1 above, then
Larsh shall be floc for a period of ninety (90) days from the expiration of
the thirty (30) day period to sell or offer to sell Lot B to third parties on
terms not less favorable to Larsh than those contained in the New Offer
free and clear of this Right of First Refusal; provided, however, that in the
event Lot B is not sold to a third party within the ninety (90) day period,
then any further offers with respect to Lot B must be submitted to the
Patricks in accordance with the provisions of paragraph a.
d. This right for first refusal shall be subordinate and junior to the legal
operation and effect of any present or future mortgage or deed of trust
which is now or hereafter becomes a lien on Lot B.
c. The right for fust refusal shall be binding upon and inure to the benefit of
the Parties hereto and their respective personal representatives, heirs and
assigns.
f. All notices pursuant to this right for first refusal shall be deemed given
when personally delivered to the party to whom it is directed during
business hours on a business day or in lieu of personal delivery on the
second business day after the same is deposited in the United States mail,
postage prepaid, sent certified mail, return receipt requested, addressed as
provided in Paragraph 6 below. Either party may change their address for
the purposes Of this section by giving notice of the changed address to the
other party in the manner provided for above.
-6 Addresses of Parties. Any notice fequired or permitted hereunder shall be
addressed as follows:
If To Larsh:
Ea.
goz Reel wuod L a'Je
Pke,'fr'L Gvtw-P, cA 934Sp
Facsimile:
Tf To Patricks: P.O. Box 1899
Aspen, CO 81612
Facsimile: 970-963-6559
aJ
k dlwz,. col 19, • 1....a••••• ••
•
C/o 6e,nt.,,,j Ls:L••• •1
7. Amendment. This Agreement may not be amended, modified or supplemented
except by written instrument signed by the Parties.
8. Entire Agreement. This Agreement contains the complete understanding of the
Parties and it is specifically agreed that all discussions, oral or otherwise, shall be deemed to be
merged herein.
Qll MCI •A MCI .1 C7C 1? C
-3-
1 IDV'11J,AIAll-1J-9.1 GC.7T OCCT-CT_Ifll
9. Severability. Each portion of this Agreement shall be deemed to be severable
and if, for any reason, any portion or portions hereof are invalid or contrary to any existing or
future law, such invalidity shall not affect the applicability or validity of any other provisions of
this Agreement.
10. Binding Effect. Except as herein otherwise provided, this Agreement shall inure
to the benefit of and shall be binding upon the heirs, executors, administrators, personal
representatives, successors and assigns of the Parties hereto and shall run with the land as
described herein.
11. Enforcement and Attorneys Fees. This Agreement and its enforcement shall be
governed by the laws of the State of Colorado. If any party is required to file an action to enforce
any term or provision of this Agreement, it shall be entitled to recover all costs including
reasonable attorney's fees.
12. Counterparts. This Agreement may be executed in several counterparts, and the
several signed counterparts shall be deemed a single, integrated instrument.
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals on the
date first above written.
John Patrick Ed Larsh
Debbie Patrick
STATE OF COLORADO
COUNTY OF PITKJN
) ss.
The foregoing instrument was subscribed and sworn to before me this day of
, 1998, by John Patrick and Debbie Patrick.
Witness my hand and official seal.
My commission expires:
9171/CR ' A MLR S7A RJ.F
Notary Public
[Notary Block Follows on Next Page]
-4-
i
I17NrITJ,kIkI!1J'11.1 cr-.'r OCCT—(^T_I'1f1
90'd id101
STATE OF
[Notary Block Continued from Previous Pagel
COUNTY OF
) ss.
The foregoing instrument was subscribed and sworn to before me this — day of
, 1998, by Ed Larsh.
Witness my hand and official seal.
My commission expires:
parrick\agt98.doc
qn/c1WA n1gJ.fil 7r. cur.
Notary Public
-5-
5/0
1 17'J tJi1JAII"1J'll l
AUSTIN, PEIRCE & SMITH, P.C.
Attorneys At Law
600 E. Hopkins Avenue
Suite 205
Aspen, Colorado 81611
Ronald D. Austin 'I clephonc
Frederick F. Peirce (970) 925-2600
Thomas Fenton Smith' Facsimile
(970) 925-4720
John M. Lassalette"
'Also Admitted in Delaware
"Also Alint iffet! In 4Vashingtart
October 15, 1997
VIA FA C'SIMILE-920-5198
Mr. Thomas A. Newland
Roaring Fork Railroad Authority
530 East Main Street
Aspen, CO 81611
Re: Assignment of Interest and Private Way License
Dear Tom:
I have prepared and am forwarding herewith for your review and approval on behalf of the
Roaring Fork Railroad Holding Authority an Assignment of Interest in Private Way License from Ed
Larsh to John and Debbie Patrick. The Assignment Is for an undivided 50% interest in the Private Way
License, assigns all of the obligations and rights thereunder to the Patricks, and the consent thereof
requires Roaring Fork Railroad Holding Authority to give notice to both the Patricks and Mr. Larsh of any
default thereunder that world otherwise result in the revocation of the license, with a cure period of fifteen
days.
Please review the enclosed and feel free to give me a call with any questions or comments you
may have. It is also being reviewed by Marty Pickett on behalf of the Patricks and my client still has to
approve it as well.
I will look forward to hearing from you shortly.
FFP\slh
Enclosure
cc: Mr. Ed Larsh
1119OFFIC19LARSIPNEWLAND.LIR
AUSTIN, PEIRCE &
_4(7,
ASSIGNMENT OF INTEREST IN PRIVATE WAY LICENSE
TI IE UNDERSIGNED, ED LARSH ("Assignor"), for good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, hereby assigns unto JOHN PATRICK and
DEBBIE PATRICK, P.O. Box 1988, Aspen, CO 81612, ("Assignee"), an undivided 50% interest
in and to that certain Private Way License dated November 4, 1992, by and between Assignor, as
Licensee, and the Denver and Rio Grande Western Railroad Company, as Licensor, a copy of which
is attached hereto as Exhibit A, together with an undivided 50% interest in and to all of Assignor's
obligations connected therewith, for which Assignee hereby assumes all responsibility. Assignor
hereby retains all of his rights under the referenced Private Way License and, further, retains the
right to revoke this Assignment in the event of notice of default from the Roaring Fork Railroad
I olding Authority or its successors in interest, as set forth below.
IN WITNESS WHE OF, the undersigned Assignor has executed this Assignment of
Private Way License this)%flay of October, 1997.
ASSIGNOR
Ed Lars
ACCEPTANCE OF ASSIGNMENT OE INTEREST IN PRIVATE WAY LICENSE
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which
is hereby acknowledged, the undersigned Assignee hereby accepts the assignment of an undivided
50% interest in and to that certain Private Way License dated November 4, 1992, by and between
Assignor, as Licensee, and the Denver and Rio Grande Western Railroad Company, as Licensor, a
copy of which is attached hereto as Exhibit A, together with an undivided 50% interest in and to all
of Assignor's obligations connected therewith, and hereby agrees to become responsible for and
assumes an undivided 50% interest in any and all obligations of Assignor thereunder. Assignee
hereby agrees to be responsible for and tb comply with all the obligations and responsibilities of the
Licensee under the referenced Private Way License and, further, hereby indemnifies and holds the
Assignor harmless from and against any and all claims, demands, liabilities, costs and expenses
(including attorney's fees) that may be incurred by Assignor as a result of Assignee's failure to
perform their responsibilities and obligations under this Assignment or under the assigned License
interest. Assignee and Assignor acknowledge that if the Licensor under the Private Way License
gives notice to Assignor and/or Assignee of any default in the performance by Assignor or Assignee
of the responsibilities or obligations of Licensee under the Private Way License, Assignee shall cure
any default attributable to Assignee and Assignor shall cure any default attributable to Assignor.
In the event Assignor fails to so cure his default within the applicable notice period, Assignee shall
have the right to cure such default on behalf of Assignor, if necessary to prevent the Private Way
License from being revoked by the Licensor for such default. In the event Assignee fails to so cure
his default within the applicable notice period, Assignor shall have the right to revoke this
Assignment and cure such default on behalf of Assignee, if necessary to prevent the Private Way
License from being revoked by the Licensor for such default.
IN WITNESS WI-iEREOF, the undersigned Assignee has executed this Acceptance of
Assignment this 17H' day of October, 1997.
ASSIGNEE
//If
o to Patti k
ji
Debbie Patrick
CONSENT TO ASSIGNMENT OF INTEREST IN PRIVATE WAY LICENSE
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which
is hereby acknowledged, the undersigned, ROARING FORK RAILROAD HOLDING
AUTI-iORiTY ("MI IA"), as the successor in interest to the Denver and Rio Grande Western
Railroad Company, hereby consents to the abdve Assignment of Interest in Private Way License
and hereby agrees that if either Assignor or Assignee violates the terms or conditions of the Private
Way License, or otherwise fail to perform their respective responsibilities or obligations thereunder,
RFRIIA shall so notify both Assignor and Assignee in writing, and shall give both Assignor and
Assignee at least 15 days to cure the default for which notice is given, prior to revoking the Private
Way License. If such default is cured within the notice period, or Assignee or Assignor are taking
reasonable measures to cure such default, RFRHA will not revoke the Private Way License, except
as provided at Section 9 of the Private Way License, including termination by written notice given
by RFRI-IA to Assignor and Assignee not less than 60 days in advance of such termination.
IN WiTNESS WHEP1FOF, the undersigned has executed this Consent to Assignment of
Private Way License this 171 1day of October, 1997.
ROAijIN0;P' ,
i3y: 4-, jif.r.J
George Roussos, Chairman
ROAD HOLDING AUTHORITY.
if \OF F IC I' imwr IMXS\LrI111oCS\A(NISlASNAGT. LM
•
EXHIBIT A
Contrnct No. 7j fl 9 P1 11
PRIVATE VAY LICENSE
.T11IS AGREEMENT, Made and entered Into thin "tliday of November A.D. 1992
by and between THE DENVER AND RIO GRANDE. WESTERN RAILROAD COMPANY, a corporation or
t. the State or Delaware, hereinafter called the "Licensor" party of the first part.
and ED LARSII, a single man, mailing address: 9179 Highway 82, Carbondale, CO
81623
hereinafter called the "Licensee" party of the second part:
WITNESSETH, That tho Licensor, for and in consideration of the covenants a:id
agreements of ttie Licensee herein contained and upon the terms and condl dons
hereinafter set forth, hereby licensee endpermits the construction, maintenance and
use of tho Private Way or private ways hereinafter described (hereinafter called
"Private Way") across the right of way and trach or tracks of the Licensor as heroin
epectfled, to wit:
A 24 feet wide private rood crossing of erode extending southwesterly uC ri.:ht
angles across the 100 feet wide right of way end mein track of Licer.sor's Aspen
Branch at Mile Post 369}1700' near Cattle Creek, Garfield County, Colorado,
within the Southwest Quarter of Section 17, T7S-R88W, 6th P.M.
This License is expressly conditioned upon the performance by the Licensee
or all and singular the covenants and agreements hereinafter set forth to be by
maid Licensee kept and performed, each of said covenants and agreements being hereby;
=made a condition; and It Is also hereby atlpUlated that a waiver by the i.icensor of
•any breech of any condition shall in no way impair the right of tho Licensor to
avail itself of any subsequent breach of the same or any other condition.
PRIVATE WAY ao and wherever maid term in employed herein, shall mean a vay
for travel for pedestrians,' vehicles, implements end live utocit. Licensee agrees
S saki Private Wny shall be used for the following purpoeo and for no other, to-vlt:
Ingress and egress to residence,
And Bald term shall include such, grading, approaches, planking, ditcihes,
drain'', tiling,.drain boxes, culverts, cattle guards, wing fences and fences, gates
i with proper hinges and latches, raising or telegraph, telephone and signal wires for
proper clearance, and ouch signals, bells, elgn poet end efgns and other safety
devices an altall In the particular instance be required by the Licensor, or
: may now or hereafter be prescribed and required by any law, State or Federal, or by
any order of nny officer or regulatory board, State or Federal, having jurisdlctlon
over ouch matters.
The foregoing License ie eubject to all outstanding superior rights (Including
thane in favor of tolegruph and telephone companies, lessees of 'mid right-of-uny
_:? and others) and the right of the Licensor to renew and extend the same.
ii
1.. If the Licensor shall elect to construct said Private Way or n
si portion thereof, and shall no notify tho Licensee, the Licensee agrees to puy to the
Licensor, in Advance, such num of money estimated to be S-0-, as shall be necessary
}to construct such portion or all of said Private Way, Including the cost of all
necessary material and the transportation thereof end the cost of all labor and
,. „.
.,.,-auperintendence. If the LlcendoN shall elect not to construct said Private 'day,
the Licensee shall furnish Material for, and construct maid Private Way at the sole
coat and expense of the Licensee. in ouch Manner and according to such plane as tha
Llceneor may deem beet for the safety and proper protection of the track. roadbed
and premises of the Licensor. If the amount to be advanced by the Llcenscc nu
hereinbefore provided should be In excess of the amount required. the excess shall
be returned to the Licensee, if nuch amount should not be Rufflclent to cover the
expense of work done by the Licensor, the Licensee shall pay ouch additional amount
to the Licensor on demand, •
2. The Licensee *hall, at the Role cost and expense or the
Llcennee, maintain, repair, and reconstruct, whenever necesnary and when required
no to do by the Licensor, eald Private Way end all ite appurtenances in accords:tcc
with plane and In a manner natisractory to the Licensor; and at n11 times beep sold.
Private Way In n good state of repair; the Licensor, however, shall have the rlr;ht,
j If it so elects, at any time, though it shall be under no obligation whatever to
-no, to make necessary or proper repairs ,or to reconstruct said Private Way,
notwithstanding the obligation of the Licensee to maintain, repair and reconstruct;
+and 1n the event the Licensor at any time elects to repair or reconstruct cal;!
'.Private Way, the Licensee °hall, upon presentation of estimates, advance stick SUM
of money as the Licensor may deem necessary tor such repair or reconstruction, or
;:.:L.upon bill being rendered for work already done, the Licensee shall reimburse the
S.
Licensor for the coat of much repair or conetructlon. The optional right of ti':
".! Llceneor to 'maks repairs or to reconstruct said Private Way shall In no manner or
,degree rellevo the Lloonsuo from responsibility to tho Litonsor or to other portions
:� 'or corporations for the failure of the Lloensee to properly maintain or reconstruct
said Private Way, or any structure which the Licensee ngrees,- as aforesaid to
.maintain or reconstruct.
3. ' The Llcennee agrees to pay to the Licensor, in odvunce, the sten:
: or S250.00'41 , as consideration for license and permit herein granted.
4. If at Any time after the installation of said Private Way, nay
lav,. State or Federal, or any officer or -regulatory board or commission, State or
Federal; having jurladlctlon, shall require any alterations, changes or improvements
'of Raid Private Way and of lie appurtenances, an herein defined, or any addlticnal
eafeguardn, protection, signal° or 'warnings, the same shall be constructed,
maintained and operated at the sole expense of the Llcennee, as herein provided with
respect to maintenance, repair, reconstruction, etc., In parngraph 2 hereof.
The Llcennee shall not enter upon the premises for the purpose
of constructing said Private Way nor for the purpose of repairing or renewing the
same, without special written license or permit first had and obtained from the
Licensor, or the Licensor's duly authorized agent. except in cases of emergency when
Work in necesnary to overt lose or tlemuge to property. All work of canotructinn,
malntenence,• operation or reconstruction shall be done by the Licensee in such
manner as to cause no interference with the eonatant, continuous and uninterrupted
use:of the, tracks and property of the Licensor ns to operation, malntennnce,
renewals or'poseible new construction by the Licensor.
6. Thin License shall not he deemed to give the Licensee exclusive
poneeenion of any part of tho premises described; but the Licensor shall have
1 unimpaired right to retain its trach or tracks as nov owned and operated at the
pldce of construction of such Private Way, and nothing shall be done or du(fered to
he done by the Licensee at any time that shall in any manner impair the usefulness
""'-•1'or safety of said track or tracks of the Licensor or of any track or improvement to
.be hereafter constructed. The Licensor shall have the right at any and all times
hereafter to construct, maintain and operate such additional tracks, structures and
2
lmprovemente where said Private Way is to be constructed and across the same, as .t
may from time to time elect; and in case of any change at any time In the
.°!arrangement, donetructlon or plan of the Licensor's tracks, or in cnsc of the
-.Jl construction of any buildings or impravementn by the Licensor, said Private Way
ohan be altered or entirely removed by the Licensee nt the sole coat and expense
;r of the Llceneee, In ouch manner an may be neceenary to conform to the tracks,
?;building or lmprovemente of the Licensor as' so changed, altered or Improved, and If
-; the Licensee shall fell to do any of the thinge in thin paragraph enumerated, the
`: Licensor may do or cavae the name to be done at the cost of the Licensee.
` - 7. • The Llceneee shall at all times protect, indemnify and save
•harmleen the Licensor from any and all claims including claims of negligence against
`` Licensor, demands, judgments, cost, expenses, and all damage of every Jtlnd n;;d
l'neture made,' rendered or incurred by or in behalf of any person or corporation
vhatsoever, in any manner due to or arising out of any injury to or death or any
j person, or damage to.property of any person or persons whomsoever, including the
parties hereto and their officers, femiliea, servants and employees, In any manner
i arising from or growing out of the construction, maintenance, operation, repair,
extension, renewal, existence, use or removal of Bald Private Way, or the failure
;; J. to properly construct, operate, maintain, renew or remove the eame, and from all
-1 costs and expeneea, including attorneys' fees connected In anywise with the matters
thinge contained in this' Agreement. neither the right of supervision by the
';:Llceneor of,the location, installation, operation and the maintenance of nald
Private Way, nor the exercise or failure to exereiee aald right,:nor the approval
;for failure to dlaapprove, by the Licensor of the locution, installation, operation
'r and maintenance of said Private Way, nor the election of the Licensor to conetrurr
1 or reconstruct the whole or any part or to repair said Private Way, shall be decmc,l
1 a waiver of the obligations of the Llceneee contained in thin parngrriph or a release
i therefrom, or from any other obligation of thin agreement resting upon said l.lr.cnsee
that In hereinbefore or hereinafter expressed or implied..
If the, Licensee shell fall to locate, construct, operate,
repair, extend, renew or remove said Private Way in accordance with the tern;n of
thio License and to the entire satisfaction -of the Llceneor; or shall fall to pay
to the Licensor any sum of money for the construction, repair, extension, renewal
or removal of amid Private Way, or shall fall to adjust the Bald Private Way to iLny
1'changes made by the Licensor, or shall in any respect fall to keep and perform any
'.of the condltione, atipuletione, covenants and provletone of this License to be kept
• and performed by the said Licensee, this Agreement shall at the option or the
rLlcenaor be void and of no effect; and this License shall cense and the Licensor
shall have the right to remove said Private Way and restore the right of any nnrl
premleee of the Licensor at any time thereafter at the sole expense -of the Licensee.
Any forfeiture hereunder may be claimed by the Licensor without notice to the
Llceneee. Any notice herein provided for ehall be sufficiently given and delivered
:� if mailed in an envelope properly stamped and addressed to the Licensee at the last
'j.knovn poet office address, or it no addresa in known, at the post office ncaresr. to
the place where tho said Private Pay in located.
9.' Non-uxu of such Private Puy for the purpose for which 1t was�'orlginally constructed, continuing at any time for the period of one year, shall
„...constitute en abandonment of thin License. Unless no abandoned or terminated, se
'; hereinabove or hereinafter provided, thle License and Agreement shall remain in full
r?.l;force and effect until terminated by written notice given by either party to the
other party not leas than aixty days 1n advance of the date of such termination; hal'
'At In understood that if at any time the maintenance and operation of said Private
Way'ehell be inconaietent with the ueo by the Llceneor, of the right or way for
railroad purposes, this License shall immediately cease ipso fucto.
•
3
10. Within thirty days after the termination of this License
howsoever, 'the lAcensee at Licensee's sole expense, shall, if the Ltcencor -.,.
desires the Licensee to do, remove tho said Private Way (including all npproar.he ,
planking, gates, and all other atructures.conetructed In connection with ”alt!
Private Way) and restore the premises of the Licensor, Including all right -or -way
fences, to..n condition which will be aatlafectory to the Licensor, and it
Licensee falls ea to do, the Licensor may do such work of removal and restornttor
et the expense of the Licensee. In the event of the removal of the Private 'day
In'thls section provided, the Licensor shall not be liable to the Licensee for the
damage sustained by'Liceneee tor or on account of such removal, and such removal
shall not prejudice or Impair any right,of action for damages or otherwise which t::::
Licensor may have against the Licensee.
:1 -
(This paragraph left blank intentionally.)
EL Ji.
Tho covenants. stipulations and conditions or this Agrccm,;:i:
,shall extend to end be binding upon, the Licensor, its successors and assigns, nu:i
shall. extend- to and be binding upon the Licensee and the heirs, ndministratoru,
executore,i.succeosora and asetgna of the Licensee (as the context may admit), at:J
the :term ""Licensee" used herein shall be held to Include such perloiis,
4, copartnerships or oorporations as are mentioned herein as of the second part. The
1Llcensee shell not ensign this Llcenee or any interest therein directly o,
indirectly: nor encumber the name without the written consent of the Licensor fl:•it
had and obtained.
• IN WITNESS WHEREOF, the parties hereto have caused these presents to he
duly executed tho day and year first hereinabove written.
4
THE DENVER AND RIO GRANDE
WESTERN RAILROAD COMPAN;
nyt
nee President
Licensee Ed Larsh
Licensee, Jane Larsh
TIMOTHY MCFLYNN
MARTHA C. PICKEFT
JEANNE C. DOREMUS
TIMOTHY E. WHHSITT
KARIN L. GUSTAFSON •
• .Lo a41.41e1 i. C.Ilf ani u
THE SMI H-ELISHA HOUSE
310 WEST MAIN STREET
ASPEN CO 61611
rd 9709252111
far 970 925 2442
na,l mpdwmroLnet
S,.an.,r vdla,r.
ANDERSON RANCH
51u OWL CREEK ROAD
POST OFFICE BOX 6157
SNOWMASS VILLAGE CO 81615
id 970 913 2211
fn 970 923 0760
nail mpd.tnow0rol.net
Nit El NN Ptcir:rr 1)''RIMU' c• \VrtrrY11
Lu v7m • A Pmfnsineel Corporation
September 24, 1997
Via Facsimile: 920-5198
Tom Newland
Acting Director of RFRRA
Pitkin County, Colorado
Re: Request from Ed Larsh and John and Debbie Patrick to
appear before RFRRA at its Board Meeting on October 10,
1997
Dear Tom:
Pursuant to our telephone conversation yesterday, this letter is to request
that my clients, John and Debbie Patrick, and Ed Larsh, client of Tom Smith, be
allowed to appear before the RFRRA Board at its regular meeting on October 10,
1997. The purpose is for the patties to request from RFRRA consent to a partial
assignment of the 1992 Private Way License that Mr. Larsh holds from the Denver
Rio Grande and Western Railroad Company, a copy of which is attached for your
convenience.
As you know, my clients, the Patricks, are contract purchasers of the Larsh
Property. The Patricks have been living in the residence on Mr. Larsh's property
since 1995, with the hope and intent of buying the property this month under a
1995 Lease Option Purchase Agreement between the parties. In 1996, Mr. Larsh
received subdivision exemption approval from Garfield County to create two lots
on his property, approximately one-third of which is to be encumbered by a
conservation easement to Aspen Valley Land Trust.
It is our understanding that the Aspen Valley Land Trust also holds a
conservation easement which encumbers the railroad right-of-way as it traverses
the Larsh Property. We understand that the conservation easement does not allow
for any change in use or increased use of the various existing license agreements
Tom Newland
September 24, 1997
Page 2
which allow property owners to cross the railroad right-of-way to access their
homes. However, we would like to strongly point out that the subdivision
approved by Garfield County was done long before RFRRA's ownership of the
railroad corridor and the imposition of the subject conservation easement.
Therefore, we are not requesting any increase or additional use at this time.
It is important for everyone to understand that Mr. Larsh has always had
on his property the existing residence, a detached garage/apartment dwelling
exemption and a detached caboose/dwelling. When he obtained the approval for
subdivision from Garfield County, he relocated the caboose onto his separate lot
(Lot B) and has been living in the caboose as his residence. He is currently under
construction to build a residence on his Lot B, which commenced prior to
RFRRA's ownership of the railroad, and the caboose will become an accessory
dwelling unit. Prior to closing on the contract with the Patricks, Mr. Larsh has had
no opportunity to seek assignment of the Private Way License to the Patricks, as
tenants. However, now, in preparation for closing on the purchase, we wish for
Mr. Larsh to be able to assign a portion of his interest in the License so that the
Patricks can continue to access their Lot A, the residence they have been accessing
for two years, and Mr. Larsh will continue to use the License for access to his Lot
B, which he has also been accessing for two years.
We believe that once the B6ard and any representatives from Aspen Valley
Land Trust review this request, they will realize that this is not precedent setting in
any way and that we are not requesting expanded or additional uses of the subject
Private Way License. On the other hand, we are merely documenting the fact that
the Patricks will now own, rather than rent their subject property and for purposes
of their lender and any subsequent owners or public record, the License Agreement
which has been personal only to Mr. Larsh, needs to also reference the Patricks'
ownership interest.
Ironically, Mr. Larsh has been a dedicated supporter of the railroad, as
evidenced by the presence of the caboose and the railroad mural on his property.
Also, ironically, he has initiated the conveyance of a conservation easement on his
property to Aspen Valley Land Trust in further efforts to preserve the property
immediately adjacent to the railroad corridor, which will also insure that this
property cannot be further subdivided in the future which could create additional
density or interruptions across the railroad corridor.
1 will really appreciate your discussion with the Board on our request and
confirmation that this matter can be heard for action at their October 10, 1997
meeting. This date is crucial for the Patricks and Larshes since this is the last date
in their purchase contract for extension by Mr. Larsh and the Patricks must make a
Tom Newland
September 24, 1997
Page 3
decision, based on RFRRA's response, whether to proceed with the purchase of
the property, their loan to finance the purchase, and whether it appears that they
will have any difficulties with access via the railroad corridor.
Thank you for your continued cooperation and your understanding in this
particular matter. I look forward to hearing from you at your earliest convenience.
Sincerely,
McFLYNN PTCKETT DOREMUS &
WHITSITT, P.C.
By:
MCP/pal
Enclosure
cc: Tom Smith
Debbie and John Patrick
Reid Haughey
Patrick\newland.ltr
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iuiio,ao rxl 10:za ren 5.51 rra sUib K1NH0'S MONTEREY
OCT 16 '98 12:00PM CALOIR " 'OUPT, P.C.
P.3
AGREEMENT
THIS AGREEMENT made this _ day of October, 1998, by and between Ed Larsh
("Larsh"), John Patrick and Debbie Patrick ("Patrleks"), collectively referred to as the
"Pardo."
WHEREAS, the Patrick& purchased property from Lush on October 17, 1997, known as
Lot A, as shown on the Second Amendment . Lash Subdivision Exemption Plat rekorded
May 7, 1997, as Reception No. 507972 ("Lot A") , also described on the attached Exhibit "A;"
and
WHEREAS, Larsh ants property adjacent to the Patrick' described as Lot B, as shown
on the Second Amendment - Larsh Subdivision Exemption Plat ("Plat") recorded May 7, 1997,
as Reception No. 50792 ("Lot 8"); and
WHEREAS, the parties entered Into a purchase agreement whereby the Patrick' agreed,
on certain terms and conditions, to allow a caboose and garage outside the Designated Building
Site for Lot B as ahem% on the Plat; and
WHEREAS, Larch now wishes to add an additional building as an accessory dwelling
unit on Lot B, outside the Designated Building Site; and
WHEREAS, the Patrick,' are willing to allow this additional construction subject to
certain additionally terms and conditions as set fonh herein.
NOW, THEREFORE, for Ton Dollars (510.00) and other good and valuable
consideration, the receipt of which is acknowledged, the patties hereto agree u follows;
1. Allowable Accessory Dwellina Unit on Lot B. The Patrieks hereby
acknowledge and agree that Larsh shall have the right to construct an Accessory Dwelling Unit
on Lot Bin the location as shown on the attached Exhibit "8" as well as maintaining thc:garage
in the location as shown on the attached Exhibit "B," and the caboose relocated as shown on
Exhibit "B."
2. Caboose. Lsrah hereby agrees, pursuant to the sworn affidavit attached as Exhibit
"C," that the caboose shall be stripped of utilities, allowed to remain on Lot B only as an
ornamental structure, and shall not be used at any tiros for residential purposes.
3. Era. The parties currently share a well putout to Well Permit No. 042570-F,
r e Water Sharing and Easement Agreement recorded as Reception No. 515232 and Water
Allotment Contract No, 194 with the Basalt Water Conservancy District., Latah intends to drill a
separate well on Lot B. At such time u the well is permitted and fully functional for Use, then
Larsh shall convey all of his interest in and to the existing shared well to the Patrick". Until that
time, Larsh shall continue to have the right to draw water from the well in accordance with the
above -referenced document;
90,20'd 0940 06 0L6
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OCT 16 '98 12:01PM CRLOIR F ''OUPT, P.C.
P.4
4, Termination of Road Easement. Leah shall terminate and forever release that
certain Road Easement and Maintenance Agreement between the Parties dated October•17, 1997,
recorded as Reception No. 515233 upon Lush's receipt of written confirmation from the Aspen
Valley Land Trust that Lash's alternative access for ingress and egress is acceptable to AVLT,
Larsh shall not* thus Patrick' immediately when such approval is received. The Patrick' shall
then have the right to immediately remove and rcvegetate the existing road pursuant to aid
Easement
'5, Right of That Rennet
a. If, at any time after the date of this Agreement, Larch shall desire to offer
to ecu Lot B, or shall receive from a third patty a bora fide offer to
purchase Lot B which Latah desires to accept, Larsh before making or
accepting the offer, as the case may bc, shall send the Patrieks two copies
of a contract for sale of Lot B embodying the' terms of the ofibr, both
copies of which shall have been duly executed by Larch, together with a
written notification from Larsh of Lush's intention to make or accept the
offer embodied in the contract, as the case may be, lithe offer is not
accepted by the Patricks. Tine Patrick; shall have the right, within thirty
(30) days of the receipt of the contract and the withal notice, to pwebaae
Lot $ on the tetrns and auditions set forth in the contract. In the event
the Patricia; elect to accept the offer embocliod in the contract, the Patricia
must do so by executing one copy of the contract and returning it to Leah
within the first thirty (30) day period,
b. If the ?ticks do not accept the offer embodied in the contract within the
thirty (30) day period provided in paragraph 1 herooL then the offer
embodied in the contract shall be deemed withdrawn and Larsh shall be
free for a period of ninety (90) days from the expiration of the thirty (30)
day period to sell or offer to sell Lot B to third parties on terms not lees
fhvorable to Lash than those set forth in the contract and clear of this
Right of )Tint Rofttsal. In the event Let B is not sold to a third party
within the ninety (90) day period, then any further offer to sell or to
purchase Lot B must first be submitted to the Patricia in accordance with
the provisions of paragraph a.
c. In the event Larch shall, during the afbresald ninety (90) day period (or
during a subsequent ninety (90) day period as in this paragraph (c)
provided), decide to revise the terms of iti offer EQ that Lot B shall bo
offered for sale upon tones less favorable to Leah than those contained in
any contract previously submitted to the Patricia, or shall receive *nm a
third party a bonafile offer to purchase Lot B on leg favorable terms,
which offer Larch is willing to accept (such favorable terms being
hereinafter referred to as a "New Offer"), then Larch shall, with respect to
each etch New Offer, before offering Lot B for sale to others on the terms
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embodied in the New Offer, or accepting the New Otibr, as the case may
be, offer to sell Lot B to the Patrioks on the terms conteined in the then
current New Offer. The terms of the New Offer shall be embodied in a
new contract for the sale of Lot B, which shall be submitted to the Patrick'
in accordance with the requirements of paragraph 1 above. If the panicles
shall not accept the New Offer within ten (10) days ager the receipt of the
new contract and the written notice referred to in paragraph 1 above, then
'Cant shall be free for a period of ninety (90) days from the expiration of
the thirty (30) day period to sell or offer m sell Lot B to third parties on
terns not less favorable to Larsh than those contained in the New Offer
free and clear of this Right of Pirst Refusal; provided, however, that in the
event Lot B.is not sold to a third party within the ninety (90) day period,
then any further offers with respect to Lot B must be submitted to the
Patricks in accordance with the provisions of paragraph a.
d. This right for first refusal shall be subordinate and junior to the legal
operation and effect of any present or future mortgage or deed of mut
which is now or hereafter becomes a lien on Lot a
c. The right for first refusal shall be binding upon end inure to the benefit of
the Parties hereto and their respective personal representatives, heirs and
assigns.
E All notices pursuant to this right for fust refuel shall be deemed given
when personally delivered to the party to whom it is directed during
business hours on a business day or in lieu of personal delivery on the
Second busiaese day after the same is deposited•in the United States mail,
postage prepaid, sent certified mall, return receipt requested, addressed as
provided in Paragraph 6 below. Either ply may change their address for
the purposes of thin section by giving notice of' the changed address to the
other party in the manner provided for above.
6. Street Addreic Larch shall obtain, through Garfield County, a new "street"
address for Lot B distinct from that used for Lot A (known also as 9179 Highway 82). Lush
shall use all means to expedite completion of this objective.
7. Addr pes of Pnrsies. Any notice required or permitted hereunder shall be
addressed as fbllows: ,
If To Larch:
90'D0'd 09L0 ZE6 'BL6
Edward B. LsrshBdwa rd B. Larsh
802 Redwood Lane and ' r'o General Delivery
Pacific Grove, CA 93950 Carbondale, CO 81623
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[Notary Block Continued from Previous Page]
STATE OF COLORADO
COUNTY OF PIT=
) as.
The fccegoing instrument was subscribed and sworn to Wire me this _ day of
1998, by John Patrick and Debbie Patrick.
Witness my hand and official seal
My commission expires'
STATE OF%,c%c,,$) )
COUNTY Op& ss.
The foregoing inst uinent was subscribed and sworn to before me tLi*& day of
OG7Pb3,374z998,byEdLank .'
Witness my hand and official seal.
P.7
Notary Public
My commission expires: /(
Particlnast911.aae
90/90'4 '• 0940 626 066
RUBY HEWLETT-RATCUFF
Commkson *1457489
Notary Public — California
My Comm. Expires Apr 33. 1%9
Monte/ey County1
•5-
RUBY HEWLETT-RATCLIFF
NOTARY PUBLIC
10)0IebNNA1-4D14 TO:tt 8661-9t-100
141008
£0'd 1dlol
[Notary Block Continued from Previous Page]
STATE OF COLORADO
COUNTY OF PITKIN
) ss.
—The„foregoing instrument was subscribed and sworn to before me this j day of
,<1'998, by John Patrick and Debbie Patrick.
N1
a Oi y.ess try hand and official seal.
•—
A
'•., A ( 6\4 kGo.i iission expires:
r -
STATE OF
COUNTY OF
) ss.
The foregoing instrument was subscribed and sworn to before me this day of
, 1998, by Ed Larsh.
Witness my hand and official seal.
My commission expires:
putrick\agt98.doc
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Notary Public
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10/18/98 FRI 13:28 FAX 831 373 8975 KINBO'S MONTEREY 12 001
OCT 16 '98 12£02PM CHLOIP £ UPT, P.C. P.8
AFFIDAVIT
STATE OF CALIFORNIA )
ss.
COUNTY OFm,000fLv7)
I, Edward B. Larsh, am over the age of eighteen years and state the following of my
personal knowledge and free will:
1. I am a resident of Garfield County, Colorado, and the record owner of Lot B, Larsh
Subdivision Exemption, according to the Second Amended Plat thereof filed of record
with the Clerk and Recorder for Garfield County, Colorado at Reception No, 507972.
For the purpose of this affidavit, I will refer to this property as "my property."
2, I have filed an application for a special use permit with the Planning Department for
Garfield County, Colorado, in order to pbtain County permission for an accessory
dwelling unit ("ADV') on my property. Although I will be unable to attend the hearing
on my application before the Garfield County Commissioners on October 19, 1998. I •
have retained the law firm of Caloia & Houpt, P.C. to represent me.
3. Attached to this affidavit is an excerpt from a survey map showing the current existing
sttuctutes on my property: my house, my garage, an observation deck designed like a
water tower, a Caboose, and the site for my proposed ADU. The full survey map has
been filed with the County.'
4. I am a railroad enthusiast and on my prop5rty I have an historical railroad caboose that I
own as a collector'a item.
5, I understand from the Garfield County Planning Department that I cannot nee the
cabooao for ail type ofiiVing space, but that I can keep the caboose as a coal:oh:r'e hero,
as I would a lawn ornament or similar work of art. However, I also understand that any
amenities in the caboose that would make it usable as living space (plumbing, etc) Must
be removed`from the caboose and that I must move the location of the caboose to that it
is mord than ton feet away from any of the other structures on my property.
6. 1 have made arrangements to have the caboose moved to an appropriate location on my
property; 8s sketched on the attached map excerpt. I have also made arrangentents to
have any amenities in the caboose removed so that it cannot be used as living space. I
wi,1l be able to follow up on these arrangements upon my return to my property on
November 8, 1998.
7. Also, I understand from the Garfield County. Planning Department that my observation
deck will be acceptable under County regulations so long as it is appropriately connected
1U/1e/20 rx1 14:cu rAA 0J1 J"1J LIB'S KONKO'S MONTEREY
OCT 16 '90 12:03PM CALOIA ' 'DUPT. P.C. P.9
Affidavit of Edward B. Larsh
Page 2 of 2
to my ADU. I am arranging to have this done by a deck end walkway to connect the
ADU with the observation deck.
8. In short, it is my intention to fully comply with all County requirements and restrictions
applicable to my request for approval of a special use permit.
Subscribed and sworn to before me this 49. day of October, 1998, by Edward B. Larsh.
WITNESS my hand and official seal.
My Commission expires:./.3 /96
LAR3N•IRld&uIt-I
RUBY NEWLETFRATCUfF
Commission /1457489
Notary Public Califo
Monterey County
` Comm. E 4tee Apr a7.1999
RUBY FIEWLEIT-RATCUFF
NOTARY PUBLIC
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