HomeMy WebLinkAboutcoa.lu.ec.521 McSkimming Rd. Lot Line Adjust 0004.2009521 MCSKIMMING ROAD 0004.2009.ASLU _
LOT LINE ADJUSTMENT 2737 18 1 00 005
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'A
THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER
PARCEL ID NUMBER
PROJECTS ADDRESS
PLANNER
CASE DESCRIPTION
REPRESENTATIVE
DATE OF FINAL ACTION
0004.2009.ASLU
2737 181 00 005
521 MCSKIMMING RD
DREW ALEXANDER
LOT LINE AJUST
COHEN
4/10/2009
CLOSED BY Angela Scorey on 06/05/2009
6v6d 213 7 - _1_60_60r
III �• " � '
File Edit Record Navigate Form Reports Format Tab Help
Main Valuation J Custom Fields I &coons Feel Parcels Fee Summary Sub Permits Attachments RoLiting Status Routing <1 ►
Permit Type laslu JAspen Land Use Permit #
Address 52 MMCSKIMMING RD J Apt/Suite
City IASPEN State CO Zip 81611
Permit Information
MasterPermitI Routing Queue aslu07 Applied o110912009
Project
Description I LOT LINE ADJUSTMENT
Submitted iDENISE A COHEN
Owner
Last Name COHEN J
Phone (970)925-7069
Owner Is Applicant?
Applicant
Last Name IMATHIS J
Phone (970) 618-6636 Cust
Lender
Last Name
Phone F
Enter the permit number
Status Pending Approved
Issued
Final
Clock Running Days F-0 Expires o110412010
First Name IWARREN 521 MCSKIMMING RD
ASPEN CO 81611
First Name ISTAN 17515 COAL CREEK CIR
WIDEFIELD CO 81611
24624 I
First Name
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Page 1 of 1
Janice K. Vos Caudill
Clerk and Recorder
530 East Main Street
Aspen, CO 81611
(970) 429-2707
www.PitkinClerk.oria
Pitkin County Transaction #: 16032
Receipt #: 200902162
Cashier Date: 4/14/2009 1:34:29 PM
(LGUSTAFSON)
IIII�I II�I� �IIII IIII� IIIII IIII I��I
Print Date:
4/14/2009 1:34:32
PM
Customer Information
Transaction Information
Payment Summary
DateReceived: 04/ 14/2009
Source Code: Over the
Counter
Q CITY CLERK
Q Code: Over the
Counter
Total Fees $21.00
Return Code: Over the
Total Payments $21.00
Counter
Trans Type: RECORDING
Agent Ref
Num:
2 Payments
,� CHECK 5125
$31.00
CASHREFUND-$10.00
1 Recorded Items
L BK/PG: 90185 Reception:558002 Date:4/14/2009
R (PLAT) PLAT 1:34:23 PM
From: To:
Plat Recording @ $10 per page $1 Surcharge 1 2 $21.00
0 Search Items
0 Miscellaneous Items
file://C:\Program Files\RecordingModule\default.htm 4/14/2009
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: January 16, 2009 at 8:00 AM
2. Policy or Policies to be issued:
(a) ALTA Owner's Policy-(6/17/06)
Proposed Insured:
PROFORMA
(b) ALTA Loan Policy-(6/17/06)
Proposed Insured:
(c) ALTA Loan Policy-(6/17/06)
Proposed Insured:
Case No. PCT22373L
Amount$ 0.00
Premium$ 0.00
Rate:
Amount$ 0.00
Premium$ 0.00
Rate:
Amount$
Premium$
Rate:
3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in:
WARREN PINE LLC, A COLORADO LIMITED LIABILITY COMPANY and DAVID PINE LLC, A
COLORADO LIMITED LIABILITY COMPANY
4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is
described as follows:
LOT 11,
BLOCK 1,
ASPEN GROVE SUBDIVISION, according to the Plat thereof recorded in Ditch Book 2A at Page 291.
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, ASPEN, CO. 81611
970-925-1766 Phone/970-925-6527 Fax
877-217-3158 Toll Free
AUTHORIZED AGENT
Countersigned:
"t
Schedule A-PG.1
This Commitment is invalid
unless the Insuring
Provisions and Schedules
A and B are attached.
SCHEDULE B - SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the
estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly
filed for record to -wit. -
THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A
CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE
EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO
MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE
RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS
ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION
CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED
WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY
IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE.
SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to
the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct
survey and inspection of the premises would disclose' and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured
acquires of record for value the estate or interest or mortgage thereon covered by this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer
service or for any other special taxing district.
7. Reservations and exceptions as contained in United States Patent recorded January 17, 1949 in Book 175
at Page 243.
8. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as
set forth in Protective Covenants for Aspen Grove Subdivision recorded August 14, 1958 in Book 184 at
Page 479 (Block 1) and November 12, 1963 in Book 204 at Page 566 (Block 3) and Notice of Declaration
recorded November 29, 1989 in Book 608 at Page 646, deleting therefrom any restrictions indicating any
preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or
national origin.
9. Easements, rights of way and all matters as disclosed on Plats of subject property recorded in Ditch Book
2A at Page 246 and Ditch Book 2A at Page 291.
10. Terms, conditions, provisions, obligations and all mattersas set forth in Ordinance No. 26, Series of 1987
by City of Aspen recorded July 22, 1987 in Book 541 at I;Iiag8 979 and Ordinance No. 28, Series of 1987
recorded October 1, 1987 in Book 547 at Page 191 !_
11. Terms, conditions, provisions, obligations and all matters as set forth in Co -Tenancy Agreement recorded
September 21, 2004 as Reception No. 502182 and September 21, 2004 as Reception No. 502188.
12. Easements, rights of way and all matters as disclosed on Survey of subject property recorded February
15, 2007 in Plat Book 82 at Page 76.
13. Terms, conditions, provisions and obligations as set forth in Declaration of Restrictive Covenants recorded
June 29, 2006 as Reception No. 525902.
14. Amended and Restated Access Road Use, Maintenance and Easement Agreement recorded September
11, 2007 as Reception No. 541896 and re -recorded September 26, 2007 as Reception No. 542450 and
re -recorded July 22, 2008 as Reception No. 551294 and Second Amended and Restated Access Road
Use Maintenance and Easement Agreement recorded January 13, 2009 as Reception No. 555668 and
555669 and 555670.
(Continued)
SCHEDULE B SECTION 2
EXCEPTIONS - (Continued)
15. Deed of Trust from: DAVID PINE LLC, A COLORADO LIMITED LIABILITY COMPANY AND WARREN PINE
LLC, A COLORADO LIMITED LIABILITY COMPANY
To the Public Trustee of the County of PITKIN
For the use of : ALPINE BANK
Original Amount : $1,387,500.00
Dated : June 20, 2006
Recorded : June 23, 2006
Reception No. : 525600
Modification Agreement changing various terms of the Deed of Trust above was recorded April 18, 2007 as
Reception No. 536766.
M
I 1,
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, THIRD FLOOR
ASPEN, CO 81611
970-925-1766/970-925-6527 FAX
TOLL FREE 877-217-3158
WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE
ARE AS FOLLOWS:
ALPINE BANK -ASPEN
600 E. HOPKINS AVE.
ASPEN, CO. 81611
ABA ROUTING NO. 102103407
FOR CREDIT TO:
PITKIN COUNTY TITLE, INC.,;;ESCROW ACCOUNT
ACCOUNT NO. 2020065129
REFERENCE:PCT22373L/PROFORMA
Pitkin County Title, Inc.
Privacy Policy
We collect nonpublic information about you from the following sources.-
0 Information we receive from you, such as your name, address, telephone
number, or social security number;
• Information about your transactions with us, our affiliates, or others. We
receive this information from your lender, attorney, real estate broker, etc.; and
Information from public records
We do not disclose any nonpublic personal information about our customers or former
customers to anyone, except as permitted by law.
We restrict access to nonpublic personal information about you to those employees
who need to know that information to provide the products or services requested by
you or your lender.
We maintain physical, electronic, and procedural safeguards that company with
appropriate federal and state regulations.
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: January 16, 2009 at 8:00 AM Case No. PCT22374L
2. Policy or Policies to be issued:
(a) ALTA Owner's Policy-(6/17/06)
Proposed Insured:
PROFORMA
Amount$ 0.00
Premium$ 0.00
Rate:
(b) ALTA Loan Policy-(6/17/06) Amount$ 0.00
Premium$ 0.00
Proposed Insured: `'`' Rate:
!r
(c) ALTA Loan Policy-(6/17/06)
Proposed Insured:
Amount$
Premium$
Rate:
3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in:
WARREN COTTONWOOD LLC, A COLORADO LIMITED LIABILITY COMPANY and DAVID
COTTONWOOD LLC, A COLORADO LIMITED LIABILITY COMPANY
4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is
described as follows:
LOT 13,
BLOCK 1,
ASPEN GROVE SUBDIVISION, according to the Plat thereof recorded in Ditch Book 2A at Page 291.
PITKIN COUNTY TITLE, INC. Schedule A-PG.1
601 E. HOPKINS, ASPEN, CO. 81611 This Commitment is invalid
970-925-1766 Phone/970-925-6527 Fax unless the Insuring
877-217-3158 Toll Free Provisions and Schedules
A and B are attached.
AUTHORIZED AGENT
Countersigned:
SCHEDULE B - SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the
estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly
filed for record to -wit:
THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A
CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE
EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO
MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE
RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS
ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION
CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED
WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY
IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE.
SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to
the satisfaction of the Company: r
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured
acquires of record for value the estate or interest or mortgage thereon covered by this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer
service or for any other special taxing district.
7. Reservations and exceptions as contained in United States Patent recorded January 17, 1949 in Book 175
at Page 243.
8. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as
set forth in Protective Covenants for Aspen Grove Subdivision recorded August 14, 1958 in Book 184 at
Page 479 (Block 1) and November 12, 1963 in Book 204 at Page 566 (Block 3) and Notice of Declaration
recorded November 29, 1989 in Book 608 at Page 646, deleting therefrom any restrictions indicating any
preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or
national origin.
9. Easements, rights of way and all matters as disclosed on Plats of subject property recorded in Ditch Book
2A at Page 246 and Ditch Book 2A at Page 291. -
10. Terms, conditions, provisions, obligations and all mattersa"s set forth in Ordinance No. 26, Series of 1987
by City of Aspen recorded July 22, 1987 in Book 541,at Xdge 979 and Ordinance No. 28, Series of 1987
recorded October 1, 1987 in Book 547 at Page 191.
11. Terms, conditions, provisions, obligations and all matters as set forth in Co -Tenancy Agreement recorded
September 21, 2004 as Reception No. 502191.
12. Terms, conditions, provisions and obligations as set forth in Trench, Conduit and Vault Agreement with
Holy Cross Electric Association, Inc., recorded August 5, 2005 as Reception No. 513239.
13. Easements, rights of way and all matters as disclosed on Survey of subject property recorded February
15, 2007 in Plat Book 82 at Page 76.
14. Terms, conditions, provisions and obligations as set forth in Declaration of Restrictive Covenants recorded
June 29, 2006 as Reception No. 525902.
(Continued)
SCHEDULE B SECTION 2
EXCEPTIONS - (Continued)
15. Amended and Restated Access Road Use, Maintenance and Easement Agreement recorded September 11,
2007 as Reception No. 541896 and re -recorded September 26, 2007 as Reception No. 542450 and
re -recorded July 22, 2008 as Reception No. 551294 and Second Amended and Restated Access Road Use
Maintenance and Easement Agreement recorded January 13, 2009 as Reception No. 555668 and 555669 and
555670.
16. Deed of Trust from: DAVID COTTONWOOD, LLC, A COLORADO LIMITED LIABILITY COMPANY AND
WARREN COTTONWOOD, LLC, A COLORADO LIMITED LIABILITY COMPANY
To the Public Trustee of the County of PITKIN
For the use of : ALPINE BANK
Original Amount : $1,710,000.00
Dated : June 20, 2006
Recorded : June 23, 2006
Reception No. .525603
Modification Agreement changing various terms of the Deed of Trust above was recorded April 18, 2007 as
Reception No. 536768.
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, THIRD FLOOR
ASPEN, CO 81611
970-925-1766/970-925-6527 FAX
TOLL FREE 877-217-3158
WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING NE CLOSING OF THIS FILE
ARE AS FOLLOWS:
ALPINE BANK -ASPEN
600 E. HOPKINS AVE.
ASPEN, CO. 81611
ABA ROUTING NO. 102103407
4
FOR CREDIT.TO:
PITKIN COUNTY TITLE, ,INC;, ESCROW ACCOUNT
ACCOUNT NO. 2020065129
REFERENCE:PCT22374L/PROFORMA
Pitkin County Title, Inc.
Privacy Policy
We collect nonpublic information about you from the following sources:
• Information we receive from you, such as your name, address, telephone
number, or social security number;
• Information about your transactions with us, our affiliates, or others. We
receive this information from your lender, attorney, real estate broker, etc.; and
Information from public records
We do not disclose any nonpublic personal information about our customers or former
customers to anyone, except as permitted by law.
We restrict access to nonpublic personal information about you to those employees
who need to know that information to provide the products or services requested by
you or your lender.
We maintain physical, electronic, and procedural safeguards that company with
appropriate federal and state regulations.
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: January 16, 2009 at 8:00 AM
2. Policy or Policies to be issued:
(a) ALTA Owner's Policy-(6/17/06)
Proposed Insured:
PROFORMA
(b) ALTA Loan Policy-(6/17/06)
Proposed Insured:
(c) ALTA Loan Policy-(6/17/06)
Proposed Insured:
Case No. PCT22372L
Amount$ 0.00
Premium$ 0.00
Rate:
Amount$ 0.00
Premium$ 0.00
Rate:
1,L L_i
Amount$
Premium$
Rate:
3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in:
WARREN OAK LLC, A COLORADO LIMITED LIABILITY COMPANY
4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is
described as follows:
See Attached Exhibit "A"
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, ASPEN, CO. 81611
970-925-1766 Phone/970-925-6527 Fax
877-217-3158 Toll Free
AUTHORIZED AGENT
Countersigned:
"t
Schedule A-PG.1
This Commitment is invalid
unless the Insuring
Provisions and Schedules
A and B are attached.
1CC �
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 1
A tract of land being a part of the Highland Placer located in the NE% of the NE% of Section 18, Township 10 South,
Range 84 West of the 6th P.M., more fully described as follows:
Begin at Corner #6 of the Highland Placer, U.S. Mineral Survey #6120;
thence S 00°15' W 167.79 feet;
thence S 41 °03' E 197.57 feet;
thence S 55°26' E 87.00 feet;
thence N 08°56' E 330.54 feet;
thence N 81 °04' W 255.08 feet to the point of beginning.
PARCEL 2:
A tract of land situated within the boundaries of the Highland Placer, U.S.M.S. No. 6120 AM. and being more fully
described as follows:
Beginning at a point on the North line of said Highland Placer whence Corner No. 6 of said Highland Placer bears N 81 °04'
W 257.60 feet;
thence S 81 *04' E 386.55 feet along the North line of said Highland Placer;
thence S 08°56' W 299.67 feet;
thence along the arc of a curve to the left with a radius of 67.6 feet a distance of 56.81 feet (the chord of which bears S
66°58'30" W 55.15 feet);
thence S 55°40' W 226.60 feet;
thence N 07°37' W 82.00 feet;
thence N 55°26' W 167.90 feet;
thence N 08°56' E 332.93 feet to the point of beginning.
SCHEDULE B - SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or.mortgagors of the full consideration for the
estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly
filed for record to -wit:
THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A
CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE
EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO
MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE
RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS
ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION
CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED
WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY
IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE.
41.
SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to
the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured
acquires of record for value the estate or interest or mortgage thereon covered by this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer
service or for any other special taxing district.
7. Reservations and exceptions as contained in United States Patent recorded January 17, 1949 in Book 175
at Page 243.
8. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as
set forth in Protective Covenants for Aspen Grove Subdivision recorded August 14, 1958 in Book 184 at
Page 479 (Block 1) and November 12, 1963 in Book 204 at Page 566 (Block 3) and Notice of Declaration
recorded November 29, 1989 in Book 608 at Page 646, deleting therefrom any restrictions indicating any
preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or
national origin.
9. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 26, Series of 1987
by City of Aspen recorded July 22, 1987 in Book 541 at Page 979 and Ordinance No. 28, Series of 1987
recorded October 1, 1987 in Book 547 at Page 191.
10. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy
Cross Electric Association, Inc., in instrument recorded August 5, 2005 as Reception No. 513236.
11. Terms, conditions, provisions and obligations as set forth in Trench, Conduit and Vault Agreement with
Holy Cross Electric Association, Inc., recorded August 5, 2005 as Reception No. 513237.
12. Amended and Restated Access Road Use, Maintenance and Easement Agreement recorded September
11, 2007 as Reception No. 541896 and re -recorded September 26, 2007 as Reception No. 542450 and
re -recorded July 22, 2008 as Reception No. 551294 and Second Amended and Restated Access Road
Use Maintenance and Easement Agreement recorded January 13, 2009 as Reception No. 555668 and
555669 and 555670.
13. Deed of Trust from
: WARREN OAK LLC, A COLORADO LIMITED LIABILITY COMPANY
To the Public Trustee of the County of Pitkin
For the use of
: GUARANTY BANK AND TRUST COMPANY
Original Amount
: $ 3,000,000.00
Dated
: August 19, 2005
Recorded
: September 14, 2005
Reception No.
: 514759
Assignment of Leases and Rents given in connection with the above Deed of Trust recorded September 14,
2005 as Reception No. 514760.
MLj
THE CITY of ASPEN
Land Use Application
Determination of Completeness
Date: January 13, 2009
Dear City of Aspen Land Use Review Applicant,
We have received your land use application and reviewed it for completeness. The case number
and name assigned to this property is 0004.2009.ASLU, Lot Line Adjustment.
Your Land Use Application is incomplete:
We found that the application needs additional items to be submitted for it to be deemed
complete and for us to begin reviewing it. We need the following additional submission
contents for you application:
The disclosure of ownership is not adt6uate Subsection 26.304.030 requires the
disclosure to be in the form of a ctxrreaf certificate from a title insurance company or
an attorney licensed in Colorado. Please refer to the complete code language for
details.
2.
3.
Please submit the aforementioned missing submission items so that we may begin reviewing
your application. No review hearings will be scheduled until all of the submission contents listed
above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the
land use application.
❑ Your Land Use Application is complete:
If there are not missing items listed above, then your application has been deemed complete
to begin the land use review process.
Other submission items may be requested throughout the review process as deemed necessary by
the Community Development Department. Please contact me at 429-2759 if you have any
questions.
Th You,,
nnifer P el , Deputy Director
City of As , Community Development Department
C:\Documents and Settings\jennifep\My Documents\organized\G Drive\Templates\Land Use Cases\Completeness
Letter Land Use.doc
�iIS1T 1.7
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF ASPEN (hereinafter CITY) and INA
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has subm tted to CITY an application for
IPj uNeAdau;r4-r
(hereinafter, THE PROJECT).
8ECEI
VED
BAN
CITY .OF
AAI'I ..
9 2009
ASPEN
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 48 (Series of
2006) establishes a fee structure for Land Use applications and the payment of all processing fees is a
condition precedent to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT and CITY further agree that it is in the interest of the parties that
APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed
to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their
hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity
and will make additional payments upon notification by the CITY when they are necessary as costs are
incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to
process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to
complete processing or present sufficient information to the Planning Commission and/or City Council
to enable the Planning Commission and/or City Council to make legally required findings for project
consideration, unless current billings are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right
to collect full fees prior to a determmina�tiioon, of application completeness, APPLICANT shall pay an
initial deposit in the amount of $1_`_+in�'.. hich is for —1 hours of Community
Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay
additional monthly billings to CITY to reimburse the CITY for the processing of the application
mentioned above, including post approval review at a rate of $235.00 per planner hour over the initial
deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further
agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no
case will building permits be issued until all costs associated with case processing have been paid.
CITY OF ASPEN APPLICANT
By: By-
Chris Bendon
Community Development Director Date: 1- b o- 69
Billing Address and Telephone Number.
egtttLed
� GAOc� G �� GI 12LC�
C:\Documents and Settings\johannahr\Desktop\LUFeeAgree.doc
ATTACHMENT 2 —LAND USE APPLICATION
eC}1If31T Q
1 0 ✓gF�FileFb
Ate, C l
Name: LA
LOT LINE �hSTMFNT Did Y CJ'L� 9
Location: S%r..A-rTA&+EV LIST
Indicate street address, lot & block number, legal description where appropriale N'
Parcel ID # (REQUIRED)
1PPI.i[ANT:
Name: WXKftt4 CoReg
Address: 152A WSKIMMIN4 Ko-AV,Ae=PMN', CA. &I&(/
Phone#: q'+O-JiG. o&g Iso3'S49-(vfpq CELL
REPRESENTATIVE'
Name: '1' 145
Address: '�5 5 COAL CAE -WA? CA a .L1�I• o 5 p�rNC s, C.o
Phone #: O - Ulh 469 b DELL i o-ooev ✓' 64M
TYPE OF APPLICATION: (please check all that apply):
❑
GMQS Exemption
❑
Conceptual PUD
❑
Temporary Use
❑
GMQS Allotment
❑
Final PUD (& PUD Amendment)
❑
Text/Map Amendment
❑
Special Review
❑
Subdivision
❑
Conceptual SPA
❑
ESA — 8040 Greenline, Stream
❑
Subdivision Exemption (includes
❑
Final SPA (& SPA
Margin, Hallam Lake Bluff,
condominiumization)
Amendment)
Mountain View Plane
❑
Commercial Design Review
❑
Lot Split
❑
Small Lodge Conversion/
Expansion
❑
Residential Design Variance
®
Lot Line Adjustment
❑
Other:
❑
Conditional Use
EXISTING CONDITIONS: (description of e isting buildings, uses, previous approvals, etc.
pAgag. 1, t grff 4 WTI Artie. VACANT
I 15A E.W5110G4 SPINGM 6AMIL>( 009Y.-104 ON) PAR &L S
'ROPOSAL: (description of proposed buildings, uses, modifications, etc.)
ave you attached the following? FEES DUE: $
Lr - Pre -Application Conference Summary
Attachment #1, Signed Fee Agreement
RResponse to Attachment #3, Dimensional Requirements Form
[Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
❑ 3-D Model for large project
All plans that are larger than 8.5" X I I" must be folded. A disk with an electric copy of all written text
(Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an
electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model.
exu i IT 4
Zoe G
Parcel Identification Numbers and Street Addresses
Re: Lot Line Adjustment
• 185 Skimming Lane
Lot 11, Block 1, Aspen Grove Subdivision
Parcel ID. #273718104002
• 287 McSkimming Road
Lot 13, Block 1, Aspen Grove Subdivision
Parcel ID. #2737181040
• Parcel 1, Highland Placer
Parcel ID. #273718100006
• 521 McSkimming Road
Parcel 2, Highland Placer
Parcel ID. #273718100005
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project: LOT LINE ADJUSTMENT
Applicant: WARREN COHEN
Location: PARCEL 1, HIGHLAND PLACER
Zone District: R15-B
Lot Size: 61,260 SQ. FT.
Lot Area: 61,260 SQ.FT.
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing: N/A Proposed. WA
Number of residential units: Existing: N/A Proposed: IU/A
Number of bedrooms: Existing: N/A Proposed: N/A
Proposed % of demolition (Historic properties only):
DIMENSIONS:
Floor Area: Existing: 0 Allowable 4,692 sq.ft Proposed: 0
Principal bldg. height: Existing:
N/A
Allowable:
25'
Proposed.•
N/A
Access.bldg. height: Existing:
N/A
Allowable:
25'
Proposed.•
N/A
On -Site parking: Existing:
N/A
Required.'
2
Proposed:
N/A
% Site coverage: Existing:
N/A
Required:
NONE
Proposed.•
N/A
% Open Space: Existing:
N/A
Required:
NONE
Proposed.•
N/A
Front Setback: Existing:
N/A
Required.•
30'
Proposed.•
N/A
Rear Setback: Existing:
N/A
Required:
10,
Proposed:
N/A
Combined F/R: Existing:
N/A
Required.•
N/A
Proposed:
N/A
Side Setback: Existing.
N/A
Required.•
5'
Proposed.•
N/A
Side Setback: Existing:
N/A
Required.•
5'
Proposed.•
N/A
Combined Sides: Existing:
N/A
Required:
N/A
Proposed.•
N/A
Distance Between: Existing:
N/A
Required.•
NONE
Proposed:
N/A
Buildings
Existing non -conformities or encroachments: NONE
Vanations requested: NONE
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project: LOT LINE ADJUSTMENT
Applicant: WARREN COHEN
Location: PARCEL 2, HIGHLAND PLACER
Zone District: R15-B
Lot Size: 147,742 SQ. FT.
Lot Area: 147,742 SQ.FT.
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing: WA Proposed: WA
Number of residential units: Existing: 1 Proposed: WA
Number of bedrooms: Existing: 4 Proposed: WA
Proposed % of demolition (Historic properties only):
DIMENSIONS:
F-lHI15iT
of fp
Floor Area: Existing: 2,604 sq.ft .Allowable 5,557 sq.ft Proposed: 0
Principal bldg. height: Existing:
N/A
Allowable:
25'
Proposed:
N/A
Access.bldg. height: Existing:
16'
Allowable:
25'
Proposed:
N/A
On -Site parking: Existing:
3
Required:
2
Proposed:
N/A
% Site coverage: Existing:
N/A
Required:
NONE
Proposed.•
N/A
% Open Space: Existing:
N/A
Required.•
NONE
Proposed.
N/A
Front Setback: Existing:
103'
-Required.-
30'
Proposed:
N/A
Rear Setback: Existing:
230'
Required:
10,
Proposed:
N/A
Combined F/R: Existing:
N/A
Required:
N/A
Proposed:
N/A
Side Setback: Existing.
102'
Required:
5'
Proposed.
N/A
Side Setback: Existing:
123'
Required:
5'
Proposed.•
N/A
Combined Sides: Existing:
N/A
Required.•
N/A
Proposed.•
N/A
Distance Between: Existing:
N/A
Required:
NONE
Proposed:
N/A
Buildings
Existing non -conformities or encroachments: NONE
Variations requested: NUNt
&- +Tmisr ,4
ATTACHMENT 3 s O r Co
DIMENSIONAL REQUIREMENTS FORM
Project: LOT LINE ADJUSTMENT
Applicant: WARREN COHEN
Location: LOT 13, BLK 1, ASPEN GROVE SUBDIVISION
Zone District: R15-B
Lot Size: 35,393 SQ. FT.
Lot Area: 32,991 SQ.FT.
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing: N/A Proposed: N/A
Number of residential units: Existing: N/A Proposed., N/A
Number of bedrooms: Existing: N/A Proposed: N/A
Proposed % of demolition (Historic properties only):.
DIMENSIONS:
Floor Area: Existing: 0 Allowable 3,900 sq.ft Pro
posed.• 0
Principal bldg. height: Existing:
N/A
Allowable:
25_ '
Proposed.•
N/A
Access.bldg. height: Existing:
N/A
Allowable:
25'
Proposed.•
N/A
On -Site parking: Existing:
N/A
Required:
2
Proposed.•
N/A
% Site coverage: Existing:
N/A
Required.-
NONE
Proposed.•
N/A
% Open Space: Existing:
N/A
Required.-
NONE
Proposed:
N/A
Front Setback: Existing:
N/A
Required.•
30'
Proposed:
N/A
Rear Setback: Existing:
N/A
Required.•
10,
Proposed.•
N/A
Combined F/R: Existing.
N/A
Required:
N/A
Proposed:
N/A
Side Setback: Existing:
N/A
Required:
5'
Proposed:
N/A
Side Setback: Existing.
N/A
Required:
5
Proposed:
N/A
Combined Sides: Existing:
N/A
Required:
N/A
Proposed.•
N/A
Distance Between: Existing:
N/A
Required
NONE
Proposed.•
N/A
Buildings
Existing non -conformities or encroachments: NONE
variations requested: NONE
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project: LOT LINE ADJUSTMENT
Applicant: WARREN COHEN
Location: LOT 11, BLK 1, ASPEN GROVE SUBDIVISION
Zone District: R15-B
Lot Size: 17,712 SQ. FT.
Lot Area: 15,210 SQ.FT.
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing: WA Proposed: AVA
Number of residential units: Existina: WA Proposed., WA
Number of bedrooms: Existing: WA Proposed: N/A
Proposed % of demolition (Historic properties only)%
DIMENSIONS:
ICU t��+-r 4
eoOFO
Floor Area: Existing: 0 Allowable 3.182 sq,ft Proposed.- 0
Principal bldg. height: Existing:
N/A
Allowable:
25'
Proposed.-
N/A
Access.bldg. height: Existing:
N/A
Allowable:
25'
Proposed.•
N/A
On -Site parking: Existing:
N/A
Required:
2
Proposed:
N/A
% Site coverage: Existing:
N/A
Required.•
NONE
Proposed.•
N/A
% Open Space: Existing.
N/A
Required:
NONE
Proposed.•
N/A
Front Setback: Existing:
N/A
Required:
10,
Proposed.•
N/A
Rear Setback: Existing:
N/A
Required.•
30'
Proposed:
N/A
Combined F/R: Existing:
N/A
Required:
N/A
Proposed:
N/A
Side Setback: Existing:
N/A
Required.•
5'
Proposed:
N/A
Side Setback: Existing:
N/A
Required.•
5'
Proposed:
N/A
Combined Sides: Existing:
N/A
Required:
N/A
Proposed.•
N/A
Distance Between: Existing: N/A Required.• NONE Proposed: N/A
Buildings
Existing non -conformities or encroachments: NONE
Variations requested: NUNS
m
0
r: t(41P51-T e (0 0r1
OF IS
SPECIAL WARRANTY DEED
THIS DEED, Made September21, 2004
between THE JONES FAMILY PARTNERSHIP, LLLP
of the County of ARAPAHOE and State of CO,
of the first part, GRANTOR and WARREN PINE LLC, A COLORADO LIMITED LIABILITY
COMPANY AND DAVID PINE LLC, A COLORADO LIMITED LIABILITY COMPANY
whose legal address is: 565 So. Broadway, Suite 200, Denver, Co 80209
of the County of DENVER State of Co,
of the second part, GRANTEE
WITNESSETH, That the said parties of the first part, for and in consideration of the sum of Ten dollars and other
good and valuable considerations, to the said parties of the first part, in hand paid by the said parties of the
second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and
conveyed and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second
part, its successors and assigns forever, all the following described lots or parcel of land, situate, lying and being
in the County of PITKIN and State of COLORADO, to wit:
LOT 11,
BLOCK 1,
ASPEN GROVE SUBDIVISION, according to the Plat thereof recorded in Ditch Book 2A at
Page 291.
Together with all and singular the hereditaments and appurtenances there -unto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and
all the estate, right, title, interest, claim and demand whatsoever, of the said parties of the first part, either in law
or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND
TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the
second part, its successors and assigns forever. And the said parties of the first part for themselves, their heirs
and assigns do covenant, grant, bargain and agree to and with the said parties of the second part, their
successors and assigns, the above bargained premises in the quiet and peaceable possession of said parties of
the second part, its successors and assigns, against all and every person or persons lawfully claiming or to claim
the whole or any part thereof, by through or under the said parties of the first part to WARRANT AND FOREVER
DEFEND. The singular shall include the plural, the plural the singular, and the use of gender shall be applicable to
all genders.
IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hand(s) and seal(s).
WE HEREBY CERTIFY THIS TO BE A
TRUE AND CORRECT COPY OF THE
ORDINAL DOCUMFNT.
PITKIN
COUNTY TITLE, INC.
BY iS4 �--
SIGNATURES ON PAGE 2
RETURN TO
PITKIN COUNTY TITLE INC.
601 E. HOPKINS AVE.
ASPEN, CO 81611
E)(+i 1511 <?
2 or- 1 S�
PAGE 2 TO SPECIAL WARRANTY DEED
SIGNATURE PAGE
THE JONES FAMILY PARTNERSHIP, LLLP
ja0z' . -
Olivia Jones JeijVqy far r
Trustees of the Olivia Jones Revocable Trust u/a/d December 24, 2003, General Partner
STATE OF
ss
COUNTY OF��2)
The -foregoing instrument was acknowledged before me this �-?t�o" day of
E , 20C4 By: THE JONES FAMILY PARTNERSHIP, LLLP, By: Olivia Jones
and Jeffrey Barker, Trustees of the Olivia Jones Revocable Trust u/a/d December 24, 2003,
General Partner.
WITNESS my hand and official seal
Notary Public
my commission expires: 7-2Q -C:6
NARY pUB, , .
PCT18 8¢AAMELA S.
DuFAULT :;o
9jF;.OF .CO`OQ?
,1 EXH 1151 T 0
3�13
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 11,
BLOCK 1,
ASPEN GROVE SUBDIVISION, according to the Plat thereof recorded in Ditch Book 2A at Page 291.
�13
4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
year and date first above written.
CO -TENANTS:
DAVID PINE,
a Colorado lim
STATE OF COLORADO )
ss.
COUNTY OF 13 _)
The forego' g instrument was acknowledged before me this I day of
, 2004, by David A. Gitlitz, as a manager of DAVID PINE,
LLC, a Col ado limiteealiabilitycompany. 1 I . A , , A.
NotaryPublic
Vincent J. Higens / Notary Public
My Commission Evim 6/25/2007
601 E. Hopkins My Commission
Aspen, CO 81611
[SIGNATURES CONTINUED ON FOLLOWING
(3404.62.9/15/2004 02:24 PM.MBAR.A0162704.DOC;1)DL19999%405361.05
Fes:•
2
0000, •M% l r3lT 0
5 OF l3
WARREN PINE, LLC,
a Colorado limited lilbility comt
By:
WarrWohen, Manager
STATE OF COLOR -ADO
ss.
COUNTY OF �U n
The fo egomi instrument was acknowledged before me this J day of
2004, by Warren Cohen, as a manager of WARREN PINE,
LLC, a Colo do limited liability company. (Jifi
C
NotKry Public
My Commission Expires: O y
[END OF SIGNATURES]
(3404.62.9/15/2004 02:24 PM.MBAR.A0162704.DCC;I)DU99999WO5361.05
1
IT
U OF 13
SPECIAL WARRANTY DEED
THIS DEED, Made September 21, 2004
between THE JONES FAMILY PARTNERSHIP, LLLP
of the County of ARAPAHOE and State of CO,
of the first part, GRANTOR and WARREN COTTONWOO LLC, A COLORADO LIMITED
LIABILITY COMPANY AND DAVID COTTONWOOD LLC A COLORADO LIMITED
LIABILITY COMPANY
whose legal address is: 565 So. Broadway, Suite 200, Denver, Co 80209
of the County of DENVER State of Co,
of the second part, GRANTEE
WITNESSETH, That the said parties of the first part, for and in consideration of the sum of Ten dollars and other
good and valuable considerations, to the said parties of the first part, in hand paid by the said parties of the
second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and
conveyed and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second
part, its successors and assigns forever, all the following described lots or parcel of land, situate, lying and being
in the County of PITKIN and State of COLORADO, to wit:
LOT 13,
BLOCK 1,
ASPEN GROVE SUBDIVISION, according to the Plat thereof recorded in Ditch Book 2A at
Page 291.
Together with all and singular the hereditaments and appurtenances there -unto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and
all the estate, right, title, interest, claim and demand whatsoever, of the said parties of the first part, either in law
or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND
TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the
second part, its successors and assigns forever. And the said parties of the first part for themselves, their heirs
and assigns do covenant, grant, bargain and agree to and with the said parties of the second part, their
successors and assigns, the above bargained premises in the quiet and peaceable possession of said parties of
the second part, its successors and assigns, against all and every person or persons lawfully claiming or to claim
the whole or any part thereof, by through or under the said parties of the first part to WARRANT AND FOREVER
DEFEND. The singular shall include the plural, the plural the singular, and the use of gender shall be applicable to
all genders.
IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hand(s) and seal(s).
WE HEREBY CERTIFY THIS TO BE A
TRUE AND CORRECT COPY OF THE
OPICINAL DOCUMENT.
PITKIN COUNTY TITLE, INC.
BY 21
�- 0&2:2 ---
SIGNATURES ON PAGE 2
RETURN TO
PITKIN COUNTY TnE INC.
601 E HOPKINS AVE.
ACOCAI rn o,C„
b
q GF I'3
PAGE 2 TO SPECIAL WARRANTY DEED
SIGNATURE PAGE
THE JONES FAMILY PARTNERSHIP, LLLP
gj"if art 9 5
ivia Jones J ar er
Trustees of the Olivia Jones Revocable Trust u/a/d Dec m er 24, 2003, General Partner
STATE OF CD1.DA2-4T�)
ss
COUNTY OF
The egoing instrument was acknowledged before me this l70*21day of
40f , 200413y: THE JONES FAMILY PARTNERSHIP, LLLP, By: Olivia Jones
and Jeffrey Barker, Trustees of the Olivia Jones Revocable Trust u/a/d December 24, 2003,
General Partner.
WITNESS my hand and official seal
my commission exs: !—Z �g
�O�pRY p e, --
PCT1885 5 PAMELA S.
DuFAULT
FOF CO��
Notary Public
'1 lax++( I3 rr Co
EXHIBIT "A"��
LEGAL DESCRIPTION
LOT 13,
BLOCK 1,
�SPEN GROVE SUBDIVISION, according to the Plat thereof recorded in Ditch Book 2A at Page 291.
WN T (e
ciofIS
4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
year and date first above written.
TENANTS:
DAVID COTTONWQD, LLC,
a Colorado limited li tyjd*any,
A. Gitlitz;
STATE OF COLORADO )
ss.
COUNTY OF 0 )
Tilego foreing instrument was acknowledged before me this day of
b 2004, by David A. Gitlitz, as a manager of DAVID
COTTO FOOD, LL , a Colorado limited liability comp Y.
lrjagA—
Rog; Public
Vncent J. Higens /Notary Public
MY Cornmission Expire3 6/25/20a .
601 E. Hopkins
Aspen, CO 81611
[SIGNATURES CONTINUED ON FOLLO
My Commission Expires:
PA��par �-
N��
(3404.62.9/15/2004 02:10PM.MBAR.A0162696.DOC;1)DL\99999\405361.05 6
r` ^ P^T-T
WARREN COTTO OD, LLC,
a Colorado limited Ilia lity comp ,
4 By:
Warr ohen, Manager
STATE OF COLORADO )
ss.
COUNTY OF '�� ` r'
The foregoing instrument was acknowledged before me this �v day of
CofAQo,o D, LLC, a C2004, by Warren Cohen, as a manager of WARREN
OOolorado limited liability company.
Notary Public
My Commission Expires: G y
[END OF SIGNATURES]
{3404.62.9/1512004 02:IOPM.MBAR-AO 162696.DOC;1}DL\99999\405361.05 1
- X
SPECIAL WARRANTY DEED
THIS DEED, Made September21, 2004
between THE JONES FAMILY PARTNERSHIP, LLLP
of the County of ARAPAHOE and State of CO,
of the first part, GRANTOR and WARREN OAK LLC, A COLORADO LIMITED LIABILITY
COMPANY
whose legal address is: 565 So. Broadway, Suite 200, Denver, Co 80209
of the County of DENVER State of Co,
of the second part, GRANTEE
WITNESSETH, That the said parties of the first part, for and in consideration of the sum of Ten dollars and other
good and valuable considerations, to the said parties of the first part, in hand paid by the said parties of the
second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and
conveyed and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second
part, its successors and assigns forever, all the following described lots or parcel of land, situate, lying and being
in the County of PITKIN and State of COLORADO, to wit:
See Attached Exhibit "A"
Together with all and singular the hereditaments and appurtenances there -unto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and
all the estate, right, title, interest, claim and demand whatsoever, of the said parties of the first part, either in law
or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND
TO HOLD the said premises above bargained and.described, with the appurtenances, unto the said parties of the
second part, its successors and assigns forever. And the said parties of the first part for themselves, their heirs
and assigns do covenant, grant, bargain and agree to and with the said parties of the second part, their
successors and assigns, the above bargained premises in the quiet and peaceable possession of said parties of
the second part, its successors and assigns, against all and every person or persons lawfully claiming or to claim
the whole or any part thereof, by through or under the said parties of the first part to WARRANT AND FOREVER
DEFEND. The singular shall include the plural, the plural the singular, and the use of gender shall be applicable to
all genders.
IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hand(s) and seal(s).
WE HEREBY CERTIFY THIS TO BE A
TRUE AND CORRECT COPY OF THE
OPIGINAI_ DOCUMENT.
PITKIN COUNTY TITLE, INC.
I
SIGNATURES ON PAGE 2
RETURN TO
PITKIN COUNTY TITLE INC.
601 E. HOPKINS AVE.
ASPEN, CO 81611
S
saftL 113(—r p
I'2 Of 1'3
PAGE 2 TO SPECIAL WARRANTY DEED
SIGNATURE PAGE
THE JONES FAMILY PARTNERSHIP, LLLP
- CA— Wik"
.
Olivia Jones J r y ar r
Trustees of the Olivia Jones Revocable Trust u/a/d Decem er 24, 2003, General Partner
STATE OF �� )
ss
COUNTY OFT CIE R. )
The egoing instrument was acknowledged before me this 17"eW day of
2001 By: THE JONES FAMILY PARTNERSHIP, LLLP, By: Olivia Jones
and Jeffrey Barker, Trustees of the Olivia Jones Revocable Trust u/a/d December 24, 2003,
General Partner.
WITNESS my hand and official seal
my commission expires: 7- -C8
PCT1885 8JOK
PAMELA S.
DuFAULT
OFpt
l
Notary Public
^ ^
(Ito
EXHIBIT "A"
LEGAL DESCRIPTION
PARCELI:
A tract of land being a part of the Highland Placer located in the NEY. of the NEY. of Section 18, Township 10
South, Range 84 West of the 6th P.M., more fully described as follows:
Begin at Corner #6 of the Highland Placer, U.S. Mineral Survey #6120;
thence S 00015' W 167.79 feet;
thence S 41 °03' E 197.57 feet;
thence S 55°26' E 87.00 feet;
thence N 08°56' E 330.54 feet;
thence N 81 °04' W 255.08 feet to the point of beginning.
PARCEL 2:
A tract of land situated within the boundaries of the Highland Placer, U.S.M.S. No. 6120 AM. and being more fully
described as follows:
Beginning at a point on the North line of said Highland Placer whence Corner No. 6 of said Highland Placer bears
N 81 °04' W 257.60 feet;
thence S 81°04' E 386.55 feet along the North line of said Highland Placer;
thence S 08°56' W 299.67 feet;
thence along the arc of a curve to the left with a radius of 67.6 feet a distance of 56.81 feet (the chord of which
bears S 66°58'30" W 55.15 feet);
thence S 55°40' W 226.60 feet;
thence N 07°37' W 82.00 feet;
thence N 55°26' W 167.90 feet;
thence N 08*56' E 332.93 feet to the point of beginning.
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January 8, 2009
Stan Mathis
7515 Coal Creek Circle
Colorado Springs, Colorado 80911
719-390-6065
719-391-8199 Fax
970-618-6636 Cell
pmbaddogsAymail.com
Ms. Errin Evans
City of Aspen
Department of Community Development
130 Galena Street
Aspen, Colorado 81611
Re: Lot Line Adjustment
RECEIVED
JAN 9 2009
CITY OF ASPEN
COMMUNITY DEVELOPMENT
• 185 Skimming Lane
Lot 11, Block 1, Aspen Grove Subdivision
Parcel ID. #273718104002
Owner: Warren Pine LLC a Colorado Limited Liability Company, Warren P.
Cohen, Manager and David Pine LLC a Colorado Limited Liability Company,
Warren P. Cohen, Manager
• 287 McSkimming Road
Lot 13, Block 1, Aspen Grove Subdivision
Parcel ID. #2737181040
Owner: Warren Cottonwood LLC a Colorado Limited Liability Company,
Warren P. Cohen, Manager and David Cottonwood LLC a Colorado Limited
Liability Company, Warren P. Cohen, Manager
• Parcel 1, Highland Placer
Parcel ID. #273718100006
Owner: Warren Oak LLC a Colorado Limited Liability Company, Warren P.
Cohen, Manager
• 521 McSkimming Road
Parcel 2, Highland Placer
Parcel ID. #273718100005
Owner: Warren Oak LLC a Colorado Limited Liability Company, Warren P.
Cohen, Manager
Dear Errin,
Please consider this letter to be a description of the application for a Lot Line Adjustment
for the lots referenced above.
Warren P. Cohen (hereinafter, "the Applicant"), Owner and Manager of the entities
described above, is the owner of these four separate lots, Parcel 1, located at the end of
Skimming Lane, Lot 11, located along Skimming Lane, Parcel 2 and Lot 13, both lots
located along McSkimming Road. The Applicant is proposing to amend the lot lines such
that the private driveway easement (Skimming Lane) can be altered so that it reaches the
furthest lot, Parcel 1. Also, the current lot lines force the driveway to be located through
terrain that is too steep to permit construction of the driveway. The applicant will be
required to apply for a lot line adjustment to achieve this request. The applicant intends to
maintain the gross lot areas. The amount of adjusted area is approximately 1,796 sq. ft. on
each lot. The Applicant understands and agrees that any area gained by a lot line adjustment
cannot be used to calculate allowable floor area. The Applicant understands and agrees that
lots in the R-15B zone district are required to be at least 15,000 square feet. The Applicant
understands and agrees that a lot line adjustment exemption is used to make insubstantial lot
line adjustments.
Sec. 26.304.010. General.
A pre -application conference was held with you on December 2, 2008, to discuss the
contents of this application (see Pre -Application Conference Summary, attached as Exhibit
1). Based on our discussion, the application is being submitted pursuant to the City of Aspen
Land Use Code. The Applicant is being represented by Stan Mathis for purposes of this
application. A letter from the Applicant confirming this arrangement is attached as Exhibit
2. An executed application fee agreement and the land use application form are attached as
Exhibits 3 and 4, respectively. A vicinity map is attached as Exhibit 5. Proof of ownership is
attached as Exhibit 6. A reduced copy Plat of Block 1, Aspen Grove Subdivision, Ditch Bk.
2A, Page 246 is attached as Exhibit 7. The Existing Conditions Boundary Survey Map is
attached as Exhibit 8. The Comparison Boundary Survey map, showing the proposed lot
line adjustments and existing lot lines, is attached as Exhibit 9. Sheet 1 of 2 of the Final
Boundary Survey Plat Map is attached as Exhibit 10. Sheet 2 of 2 of the Final Boundary
Survey Plat Map is attached as Exhibit 11.
Sec. 26.480.030. Exemptions.
The following development shall be exempted from the terms of this Chapter:
A. General exemptions.
1. Lot line adjustment. An adjustment of a lot line between contiguous lots if all the
following conditions are met:
a. It is demonstrated that the request is to correct an engineering or surveying error in a
recorded plat or is to permit an insubstantial boundary change between adjacent parcels;
and
b. All landowners whose lot lines are being adjusted shall provide written consent to the
application; and
c. The corrected plat will meet the standards of this Chapter and conform to the
requirements of this Title, including the dimensional requirements of the Zone District in
which the lots are located, except in cases of an existing nonconforming lot, in which the
adjustments shall increase the nonconformity of the lot. The plat shall be submitted and
recorded in the office of the County Clerk and Recorder. Failure to record the plat within
a period of one hundred eighty (180) days following approval shall render the plat invalid
and reconsideration of the plat by the Community Development Director will be required
before its acceptance and recording, and
d. It is demonstrated that the lot line adjustment will not affect the development rights,
including any increase in FAR or permitted density of the affected lots by providing the
opportunity to create a new lot for resale or development. A plat note will be added to the
corrected plat indicating the purpose of the lot line adjustment and the recognition that no
additional FAR will be allowed with the adjustment.
Response: This lot line adjustment application meets all the requirements of this section
of the code.
Sec. 26.575.020. Calculations and measurements.
C. Lot area. Except in the R-15B Zone District, when calculating floor area ratio, lot
areas shall include only areas with a slope of less than twenty percent (20%). In addition,
half (.50) of lot areas with a slope of twenty to thirty percent (20-30%) may be counted
towards floor area ratio; areas with slopes of greater than thirty percent (30%) shall be
excluded. The total reduction in FAR attributable to slope reduction for a given site shall
not exceed twenty-five percent (25%).
Response: This lot line adjustment application meets all the requirements of this section
of the code since these lots are located in the R-15B Zone District.
Sec. 26.710.070. Moderate -Density Residential (R-15B).
A. Purpose. The purpose of the Moderate -Density Residential (R-15B) Zone District is to
provide areas for long-term residential purposes with customary accessory uses. Lands in
the Moderate -Density Residential (R-15B) Zone District are similarly situated to those in
the Moderate -Density Residential (R-15) and (R-15A) Zone Districts, but are those in
which single-family structures are a permitted use and duplexes are prohibited.
B. Permitted uses. The following uses are permitted as of right in the Moderate -Density
Residential (R-15B) Zone District:
1. Detached residential dwelling.
2. Home occupations.
3. Accessory buildings and uses.
C. Conditional uses. The following uses are permitted as conditional uses in the
Moderate -Density Residential (R-15B) Zone District, subject to the standards and
procedures established in Chapter 26.425:
1. Agricultural uses.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Moderate -Density Residential (R-15B) Zone
District:
1. Minimum lot size: fifteen thousand (15,000) square feet.
2. Minimum lot area per dwelling unit: fifteen thousand (15,000) square feet.
3. Minimum lot width: seventy-five (75) feet.
4. Minimum front yard setback: thirty (30) feet. For properties located between Eastwood
Drive and Highway 82 (Lots 6-19, Eastwood Subdivision) and properties located on the
northwest portion of Skimming Lane (Lots 8-11, Block 1, Aspen Grove subdivision): ten
(10) feet.
5. Minimum side yard setback: five (5) feet.
6. Minimum rear yard setback: ten (10) feet. For properties located between Eastwood
Drive and Highway 82 (Lots 6-19, Eastwood Subdivision) and properties located on the
northwest portion of Skimming Lane (Lots 8-11, Block 1, Aspen Grove subdivision):
thirty (30) feet.
a. Residential dwellings: ten (10) feet
b. Accessory buildings and all other buildings: five (5) feet.
7. Maximum height: twenty-five (25) feet.
8. Minimum distance between principal and accessory buildings: No requirement.
9. Percent of open space required for building site: No requirement.
10. Floor area ratio (applies to conforming and nonconforming lots of record):
Lot Size (Square Feet)
Allowable Floor Area for Single -Family
Residence
0-3,000
80 square feet of floor area for each 100 square
feet in lot area, up to a maximum of 1,680 square
feet of floor area
3,000-9,000
1,680 square feet of floor area, plus 20 square feet
of floor area for each additional 100 square feet in
lot area, up to a maximum of 2,880 square feet of
floor area
9,000-15,000
2,880 square feet of floor area plus 5 square feet
of floor area for each additional 100 square feet in
lot area, up to a maximum of 3,180 square feet of
floor area
15,000-50,000
3,180 square feet of floor area, plus 4 square feet
of floor area for each additional 100 square feet in
lot area, up to a maximum of 4,580 square feet of
floor area
50,000+
4,580 square feet of floor area, plus 1 square foot
of floor area for each additional 100 square feet in
lot area
Each City historic transferable development right certificate extinguished, pursuant to
Chapter 26.535, Transferable development rights, shall allow an additional two hundred
and fifty (250) square feet of floor area. Each residence on the parcel, excluding
accessory dwelling units and carriage houses, shall be eligible for one (1) floor area
increase in exchange for the extinguishment of one (1) historic TDR.
No more than one (1) floor area increase shall be allowed per residence. Properties listed
on the inventory of historic sites and structures shall not be eligible for this floor area
increase. Nonconforming uses and structures shall not be eligible for this floor area
increase. (Ord. No. 56-2000, § 7 [part]; Ord. No. 25-2001, § 5 [part]; Ord. No. 54-2003, §
9; Ord. 51-2005, § 1)
Response: This lot line adjustment application meets all the requirements of this section
of the code since these lots are located in the R-15B Zone District.
Please call me if you have any questions regarding this application.
•
Stan Mathis
M1151T I
IOFS
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Errin Evans, 429-2745 DATE: 12.02.08
PROJECT: McSkimming Lane Lot line adjustments
REPRESENTATIVE: Stan Mathis
Tel: 970.618.6636
DESCRIPTION: The applicant represents the owner of four separate lots, Parcel 1A, Parcel 2A, Lot 11, and
Lot 13 lots located along McSkimming Lane. The applicant is proposing to amend the lot
lines such that the driveway (McSkimming Lane) can be altered so that it reaches the
furthest lot, Parcel 1A. Currently, the lot lines force the driveway to be located through terrain
that is too steep to permit construction of the driveway. The applicant will be required to
apply for a lot line adjustment to achieve this request. The applicant intends to maintain the
gross lot areas. Any area gained by a lot line adjustment cannot be used to calculate
allowable floor area. Also, lots in the R-15B zone district are required to be at least 15,000
square feet. A lot line adjustment exemption is used to make insubstantial lot line
adjustments.
Relevant Land Use Code Section(s): 26.710.070 Moderate Density Residential (R-156) Zone District
26.480.030 A (1) Subdivision Exemptions — Lot line adjustment
26.575.020 C Lot Area Calculations
26.304 Common Development Review Procedures
http://www.aspenpitkin.com/depts/38/citycode.cfm
Review by: - Staff for complete application
- Referral agencies for technical considerations
Public Hearing: No public hearing is required for a lot line adjustment.
Planning Fees: $735 Deposit for 3 hours of staff time (additional staff time required is billed at $245 per
hour) + $212 Engineering Department Referral Fees + $ 212 Parks Department Referral
Fees
Total Deposit: $947
Total number of application copies: 4 Copies
To apply, submit the following information:
1. Total Deposit for review of application.
2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the
name, address, and telephone number of the representative authorized to act on behalf of the applicant.
3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a
current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing
the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and
agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application.
4. Completed Land Use Application.
5. Signed fee agreement
6. Pre -application Conference Summary.
7. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen.
8. Proof of ownership.
9. Site improvement survey including topography and vegetation showing the current status, including all easements
and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado.
,Xs+t t3 IT
2 of '2
(This requirement, or any part thereof, may be waived by the Community Development Department if the project is
determined not to warrant a survey document.)
10. Site improvement survey including topography, vegetation showing the current status, existing natural and man-
made features, categorization of site slopes falling within the thresholds described in General Provisions, Section
26.445.040 including all easements and vacated rights of way, of the parcel certified by a registered land surveyor,
licensed in the state of Colorado.
11. Draft Plat that includes the current status of the parcel, including all easements and vacated rights of way, that is certified by
a registered land surveyor, licensed in the state of Colorado. The plat should also show the proposed lot lines and be
approved by both owners involved in the lot line adjustment. Please contact the Community Development Engineer for
specific plat requirements. 920-5104
12. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include existing
conditions as well as proposed.
13. Copies of prior approvals.
14. All other materials required pursuant to the specific submittal requirements.
15. Applicants are advised that building plans will be required to meet the International Building Code as adopted by
the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application
submittal addresses these building -related and accessibility regulations. You may contact the Building Department
at 920-5090 for additional information.
16. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of
the following digital formats. Compact Disk (CD) -preferred, Zip Disk or Floppy Disk. Microsoft Word format is
preferred. Text format easily convertible to Word is acceptable.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning,
which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary
does not create a legal or vested right.
tt31T
JANUARY 5, 2009
WARREN COHEN
521 MCSKIMMING ROAD
ASPEN, COLORADO 81611
303-549-6750
CITY OF ASPEN
ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
C/o ERRIN EVANS
130 S. GALENA STREET
ASPEN, COLORADO 81611
RE; LOT 11, BLOCK 1, ASPEN GROVE SUBDIVISION
PARCEL ID. #273718104002
LOT 13, BLOCK 1, ASPEN GROVE SUBDIVISION
PARCEL ID. #273718104001
PARCEL 1, HIGHLAND PLACER
PARCEL ID. #273718100006
PARCEL 2, HIGHLAND PLACER
PARCEL ID. #273718100005
DEAR ERRIN,
I, WARREN COHEN, OWNER AND MANAGER OF WARREN OAK LLC, WARREN
COTTONWOOD LLC, WARREN PINE LLC, THE APPLICANT TO THE CITY OF ASPEN
FOR LOT LINE ADJUSTMENTS TO THE PROPERTIES REFERENCED ABOVE,
AUTHORIZE STAN MATHIS TO ACT ON MY BEHALF REGARDING THIS
APPLICATION. BELOW IS HIS CONTACT INFORMATION.
STAN MATHIS
7515 COAL CREEK CIRCLE, COLORADO SPRINGS, CO 80911.
719-390-6065
719-391-8199 FAX
970-618-6636 CELL
PMBADDOGS(?GMAIL.COM
THANK YOU,
WARREN COHEN
COMPARISON BOUNDARY SURVEY MAP OF:
LOT LINE ADJUSTMENT ISUBDIVISION EXEMPTION PLAT
LOTS 11, 13, BLOCK 1, ASPEN GROVE SUBDIVISION AND
PARCELS 1 & 2, SITUATED IN THE HIGHLAND PLACER, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M.
CITY Gr AOPEN, COUNTY OF PITKIN, STATE OF COLORADO.
Set Rebor w/C
18.00' Witness
Pitcher C
Bk. &
S 4,
Set Rebor w/Cap, L.5
18.00' Witness Cor.
LOT CURVE TABLE
CURVE
LENGTH
RADIUS
TANGENT
BEARING
DELTA
C3A
1ff.79'
125.00,
-.94'
f08.10'
S 47°20'14" W
517427"
C5A
56.8f'
67.60'
30.20'
55.15'
S 65'04'0f" W
48'09'02"
C9
111.77'
vf.00'
T7 3.V "10.47'
57.23' 10.47'
ar 33°27'S7" E
30 2f'00"
30'21'00"
670
111.77'
2f1.00'
33'27'S7" E
GRAPHIC SCALE
60 0 30 60 120 240
( IN FEET )
I inch = 60 ft.
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL
ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS
AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN
EASMVENT CURVE TABLE
CEY
24.75'
370.20'
f2.38'
24.74'
N 57'41'05" IY
3-49,49"
CE2
91.19'
'
235.200'
4648'90.62'
N7043'00" F
2274'00"
52.85'
340.0
852.80'
N55'08'58" 1P
BCE3
79.55'
205.00'
40.28'
79.05'
N 70°43'00" Y
2'9"4100CE4
2
EASEMENT LINE TABLE
LINE
LENGTH BEARING
LEY
1 20.00' S 61°39'44" W
LE2
1 20.00' N 7320'16" W
SURVEYORS STATEMENT
I, MARK S. BECKLER, DO HEREBY STATE THAT THIS SURVEY WAS PREPARED
BY SOPRIS ENCINEERINC, LLC FOR THE COHEN CAPITAL CORPORATION AND
THAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
MARK S. BECKLER L. S. No, 28643
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
(970) 704-0311
8) LOTS SHOWN IN ASPEN CROVE SUB., BLOCK 1 ARE SUBJECT TO A 7 5' UTILITY
EASEMENT ON EACH SIDE OF ALL LOT LINES, EXCEPT ON ROAD FRONTACES
AS SHOWN ON SAID PLAT OF BLOCK 1.
9) CITY OF ASPEN ZONE DISTRICT - R15B
MINIMUM FRONT YARD SETBACK - 30 '
MIMIMUN SIDE YARD SETBACK - 5'
MINIMUM REAR YARD SETBACK- W. ACCESSORY BUILDINGS - 5'
MAXIMUM HEIGHT - 25'
10) BASIS OF ELEVATION • THE 1998 CITY OF ASPEN DREXEL BARRELL CONTROL DATUM
PROPERTY DESCRIPTION
PARCEL 1
A TRACT OF LAND BEING A PART OF THE HIGHLAND PLACER LOCATED IN THE NE 1/4 NE 114 OF
SECTION M, TOWNSHIP 10 SOUTH, RANCE 84 NEST OF THE 6th P. MM MORE FULLY DESCRIBED AS
FOLLOWS. -
BEGINNING AT CORNER No. 6 OF THE HIGHLAND PLACER, US MINERAL SURVEY #6120AM, THENCE
S 0015'00" W, 167.79 FEET' THENCE S 41'03'00" E, 197.57 FEET,• THENCE S 5526'00" E, 87.00
FEET' THENCE N 08°56'00" E, 330.54 FEET- THENCE N 81'04'00" W, 255.08 FEET TO THE POINT
OF BECI ' INC.
PARCEL 2
A TRACT OF LAND SITUATED WITHIN THE BOUNDARIES OF THE HIGHLAND PLACER U.S. MINERAL
SURVEY No. 61,00AN AND BEING MORE FULLY DESCRIBED AS FOLLOWS.-
BEGINNING AT A POINT ON THE NORTH LINE OF SAID HIGHLAND PLACER, WHENCE CORNER No. 6
OF SAID HIGHLAND PLACER BEARS N 81*04 *00" W, 255.08 FEET (257.60' Deed); THENCE
S 81'04'00" E, 386.55 FEET ALONG THE NORTH LINE OF SAID HIGHLAND PLACER; THENCE
S 08 56'00" W, 299.63 FEET; (299.67' Deed) THENCE ALONG THE ARC OF A CURVE TO THE LEFT
WITH A RADIUS OF 67.60 FEET A DISTANCE OF 56.81 FEET (THE CHORD OF WHICH BEARS
S 65'04'O1" Or 55J5 FEET) (S 66°58'30" W, 55J5 Deed); THENCE S 56'0072" W, 225.79 FEET,
(S 56°0072" #r 226.60 Deed) THENCE N 07'37'00" W, 84.47 FEET, (82.00' Deed);THENCE N 55'26'00" W
16790 FEET,• THENCE N 08°56'00" E, 330.54 FEET, (N O8"56'00" E, 332.93' Deed)TO THE POINT OF
BEGINNING.
PARCEL
LOTS 11 AND 13, BLOCK 1
ASPEN GROVE SUBDIVISION, according to the Plat thereof recorded in Ditch Book 2A at Page 246.
NOTES
1) DATE OF SURVEY • MAY 5-M4Y 25, 2004
2) DATE OF PREPARATION. ✓ANUARY 2, 2009.
3) BASIS OF BEARING.• A BEARING OF S 81'04'00" E ALONG THE
LINE 6-5 OF THE HIGHLAND PLACER MS. #6120AM ALSO BEING
THE NORTHERLY BOUNDARY OF THE ASPEN GROVE SUBDIVSION,
BLOCK 3, BEING A FOUND B. L. N BRASS CAP AT CORNER No. 6
AND A FOUND STONE AT CORNER No. 5, AS SHOWN.
4) BASIS OF SURVEY THE PLAT OF THE ASPEN GROVE SUBDIVISION,
BLOCK 1, (RECORDED IN PLAT BOOR -DITCH BOOK 2A, PAGE 246), ASPEN
GROVE SUBDIVISION, BLOCK 2 (RECORDED IN PLAT BOOK -DITCH BOOK 2A,
PAGE 250), ASPEN GROVE SUBDIVISION, BLOCK 3, (RECORDED IN PLAT
BOOK 2A, PACE 291), ALL OF THE PITKIN COUNTY RECORDS. A U. S. D.A. -
FOREST SERVICE BOUNDARY MAP RECORDED IN THE PITKIN COUNTY RECORDS
IN BOOK 437 AT PACE 422 AND THE FOUND MONUMENTS AS SHOWN.
5) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENCINEERINC,
LLC (SE) TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL
INFORMATION REGARDING EASEMENTS RIGHT-OF-WAY AND/OR TITLE OF RECORD
SE RELIED UPON THE ABOVE SAID PLATS DESCRIBED IN NOTE 4 AND A TITLE
COMMITMENT PREPARED BY PITKIN COUNTY TITLE, (CASE No. PCTM858L2),
EFFECTIVE DATE APRIL M, 2004.
6) DUE TO AMBIGUITIES, ERRORS, LACK OF CLOSURE AND VARIOUS MONUMENT
LOCATIONS FOR THE ABOVE DESCRIBED PLATS THE EXTERIOR BOUNDARY AND
THE ROAD CENTERLINE HAVE BEEN HELD FOR CONTROL. IN MANY PLACES
THE SIDE LOT LINES ARE SHOWN AT POINTS OF CURVATURE OR TANGENCY AND
THESE HAVE ALSO BEEN HELD. ALL EFFORTS HAVE BEEN MADE TO MAINTAIN
LC" FRON TEAR AND SIDE DISTANCES AS SHOWN ON THE PLATS REFERRED
TO ABOVE 1N NOTE No. 4, UNLESS ERRORS OR AMBIGUITIES PRECLUDE THIS.
THE POSITION OF THE EASEMENTS SHOWN IN BLOCK 3, HAVE BEEN SCALED,
WHERE NECESSARY.
WHICH IS BASED ON AN ELEVATION OF 7720.88' (NAVO 1988) ON THE NOS 7) THE WESTERLY BOUNDARY OF ASPEN GROVE SUBDIVSION, BLOCK 1, SHOWS THE
STATION "S 159". THIS ESTABLISHED THE SITE BENCHMARK BOUNDARY ALONG THE CENTERLINE OF THE SALVATION DITCH. THIS SURVEYOR
CAN MAKE NO CLAIM THAT THE SALVATION DITCH FOLLOWS THE SAME COURSE AS
ff) CONTOUR INTERVAL: TWO (2) FEET. WHEN THE SUBDIVISION WAS PLATTED, OR IF THE DITCH FOLLOWS THE DECREED
>2) THE LOTS SHOWN ON THIS TOPOGRAPHIC SURVEY HAVE MATURE ASPEN TREES ALIGNMENT OR IF THE PLAT BOUNDARY FOLLOWS THE DITCH CENTERLINE.
WITH OAK AND SERVICE BRUSH. ONLY THE LARGER SPRUCE TREES HAVE BEEN
SHOWN.
13) THE PURPOSE OF THIS LOT LINE ADJUSTMENT/SUDIVISION EXEMPTION PLAT IS TO ALIGN
THE 30 ' ROAD AND UTILITY EASEMENT WITH THE EXISTING CONTOURS AND TO
ALTER THE LOT LINES AS SHOWN HEREON. NO ADDITIONAL FAR WILL BE ALLOWED TO
THE LOTS ADJUSTED BY THIS LOT LINE ADJUSTMENT/SUBDIVISION EXEMPTION PLAT.
m
now
4 6-1
11 /. 4d19v1__2 I
DEDICATION
MOW ALL MEN BY MCSE PRESENTS: Thal the undersigned,
being the owner of the Highland
Placer, U.S. MIASWN-e- 3905Am., has laid oaf, svbdjvjd0dv1)dp10#pd me same into lots 6/00*s P1,00011, U. S Min, Sur N! - 6120 and part of the RIverside
SUB -DIVISION, and does #W0.6j, CMWO f d and one under the name and style of ASPEN OROVE
_V to )�jjk� CXW one too a one
ty, /M fee SIMP10, for pabft use the pIgg6d Mc Skimming Road and hereby repkf#ng, e&vb4VWdjfig said
BloctOfiff V0001AV andwhring abandoned a// lets, boas streets 004ollei'hivooffict fiemwltfi,
BEAtEDler LAND a CATTLE co, a Colorado corporation
Attest: ,r A
;;�, ri�
NOTARY'S ACK1V0WLC0$k-M,-1V7-
SrAjW CW C A,
Of 0,AD0_1
P4 In
The foregoing PAW and OtdkWobft of ASPEN M-D GROVE SUB
y Frodrk A. Benedict as president and Chnfon a. Stewor, s secretary of was acknowledged before me tNs_j
the Benedict Cattle Co.4aod & Of
MY commission expires
w/inoss my hand and official see/
Notary Public
$11RvEYOR's AFFloAvlr
Peter M. 80109h, ACSWed to PrOCtIft in the State of Cofarodo do hereby certify that the survey and plat of ASPEN GROVE SUB -DIVISION
M00W by Me and that both are OCCUM00 to the best of My knowledge and betI* be I*, were
portion of sold property.
A10 'rr'9v'10fi ditches Or easements M&Ofore are In etelabnee across any
Surveyor
1 3 4
Subscribed and sworn to before me this F-4 day ofAA A it P L
Afy commission expires 14,2
Notary Public