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coa.lu.ec.521 McSkimming Rd. Lot Line Adjust 0004.2009
4 4 i ` 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 IQ%i'GP~~ 237- 'R-/-GD-OD,S' G~f '2PlD~I ' ~~-~-( - ~- Eile Edit gecar-d navgate Fgm Repprls Format Iab ~(elp -._..._e~._ Jrwn lYaN+ahon ICUStom Fly IA~ons IFeei IPuce~ ~FeeSmnxY Sub eernits ~Attxtmer~tS lRUYtrq 5ta4n ~ROUtng G ~ Perms Type aslu ~ Aspen Land Use Permit X r r r Address 521 MCSKIMMING RD J Apt~Suite Gty ASPEN State CO ~ Zip 81611 J ermit Information -_ ... --- -__ -- -.:. : Master Permit-J Routng Queue aslu07 Applied 1~09~2009 J Project J Status pending Approved ~-J Description LOT LME ADJUSTMENT ~~ ~- -,.I Final ~~ ~ Submtted DENISE A COHEN Dock Running pays ~ E~ires OIJ04~2030 Last Name COHEN ~ Fcst Name WARREN 521 MCSKIMMING RD ~' Phone (970) 925-7069 ASPEN CO 81611 r caner I: Applicant7 i' ... __ __ _. _... _ -Applkant __. __..... _.._ __.. -::_. ___ -- -.-:: Last Name MATHIS ~ Rrst Name STAN 7515 COAL CREEK CIR ~~ Phone (970)618-6636 WIDEFIELD C081611 Cust ;K 24624 J Lender _.:_ _ - :_: -:::. -- _._._._ ii Last Name ~-J Fvst Name ~ ~ Phone ~ 'I,. ~ i Enter the permit number _- - - AspenGol~bl ~- -~ -~ Rewrd: 1 of 1 C~ ~ ~ s°I C.~ ~'~Ir ~ zs ol8 ~G~~-,rte. 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Vos Caudill Clerk and Recorder 530 East Main Street Aspen, CO 81611 (970)429-2707 ~uunu PitkinClerk.orQ Pitkin County, Transaction #: 16032 Receipt #: 200902162 Cashier Date: 4/14/2009 1:34:29 PM (LGUSTAFSON) I IIIIII VIII VIII VIII VIII IIII IIII Print Date: 4/14/2009 1:34:32 PM Customer hiformation Transaction Information Payment Summary D ateReceived: 04/ 14/2009 Source Code: Over the Counter Q CITY CLERK Code: Over the Q Counter Total Fees $21.00 Return Code: Over the Total Payments $21.00 Counter Trans Type: RECORDING Agent Ref Num: 2 Payments ®" $31.00 -' = CHECK 5125 -$10.00 P ~ CASHREFUND Recorded Items L BKPG: 90/85 Reception: 558002 Date:4/14/2009 R ® .(PLAT) PLAT 1:34:23 PM From: To: Plat Recording @ $10 per page $1 Surcharge I 2I $21.00 Search Items Miscellaneous Items file://C:\Program Files\RecordingModule\default.htm 4/14/2009 ,-. u_ COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: January 16, 2009 at 8:00 AM Case No. PCT22373L 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-(6/17/06) Proposed Insured: PROFORMA Amount$ 0.00 Premium$ 0.00 Rate: (b) ALTA Loan Policy-(6/17/06) Proposed Insured: (c) ALTA Loan Policy-(6/17/06) Proposed Insured: 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 TFfLE, INC. $Cheduie 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: a 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"arid 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 matters8's set forth in Ordinance No. 26, Series of 1987 by City of Aspen recorded July 22, 1987 in Book 544 of PfaigB 979 and Ordinance No. 28, Series of 1987 recorded October 1, 1987 in Book 547 at Page 191 i" ,~ 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 $1,387,500.00 ,,, Dated :June 20, 2006 Recorded :June 23, 2006 . Reception No. :525600 Modification Agreement changing various terms of the Deed of Trust above was recorded April 18, 2007 as Reception No. 536766. sr i. ;r, ~r3r h .y. . ,-, .., ~. , PITKIN COUNTY TITLE, INC. 601 E. HORKINS; TM1.RD FLOOR ASPEN,'°CO'f~`'1611 970-925-1766/970-925-6527 FAX TOLL FREE 877-217-3158 WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE ARE AS FOLLOWS: ALPINE BANK-ASPEN 600 E. HOPKINS AVE. ASPEN, CO. 81611 ABA ROUTING NO. 102103407 FOR CREpIT T0: PITKIN COUNTY TITLE, INCp,gESCROW ACCOUNT F~~. ACCOUNT N©: 2020065129 REF E RENC E: PCT22373L/PROFORMA ~.r,,k Z. ~"' ~° Pitkin County Title, Inc. Privacy Policy We collect nonpublic information about you from the following sources: • Information we receive from you, such as your name, address, telephone number, or social security number; • Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. ', l ! ~ l COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: January 16, 2009 at 8:00 AM Case No. PCT22374L 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-(6/17/06) Proposedlnsured: PROFORMA Amount$ 0.00 Premium$ 0.00 Rate: (b) ALTA Loan Policy-(6/17/06) Amount$ 0.00 Premium$ 0.00 Proposed Insured: `""' Rate: ~sn. (c) ALTA Loan Policy-(6/17/06) Proposedlnsured: 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. ay PITKIN COUNTY TITLE, INC. ~ `~ ~~ Schedule A-PG.1 601 E. HorxlNS, AseEN, co. a16u This Commitment is invalid 970-925-1766 Phone/970-925-6527 Fax unless the Insuring 677-z17-slss Tou Free Provisions and Schedules A and B are attached. AUTHORIZED AGENT Countersigned: ,.~:_ . ~.,, ~, i,l '~~, t: : ~~p r; 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 THP~T,;PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES O~ TITLE INSURANCE. ,: , C+,. ~4 - 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: ~ ia` 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 rewrds. 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 matter~a8 set forth in Ordinance No. 26, Series of 1987 by City of Aspen recorded July 22, 1987 in Book 54h~at'Pta'ge 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) V P4'. ~" 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 : $1,710,000.00 Dated :June 20, 2006 Recorded :June 23, 2006 Reception No. :525603 Modification Agreement changing various terms of the Deed of Trust above was recorded April 18, 2007 as Reception No. 536768. ~. -a!' q ,-.. 4. 1 ,~. :, PITKIN COUNTY.T~`fLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970-925-1766/970-925-6527 FAX TOLL FREE 877-217-3158 WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING tHE CLOSING OF THIS FILE ARE AS FOLLOWS: ALPINE BANK-ASPEN 600 E. HOPKINS AVE. ASPEN, CO.81611 ABA ROUTING NO. 1021 X407 FOR CREDIT•rTO: PITKIN COUNTY TITLE;rt~J6h~,ESCROW ACCOUNT ACCOUNT N0.2020065129 REFERENCE: PCT22374L/PROFORMA ~. i~ i~ +' u:k Pitkin County Title, Inc. Privacy Policy We collect nonpublic information about you from the following sources: • Information we receive from you, such as your name, address, telephone number, or social security number; • Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. `' We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. ~~ COMMITMENT FOR TITLE INSURANCE SCHEDULER 1. Effective Date: January 16, 2009 at 6:00 AM 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-(6/17/06) Proposedlnsured: PROFORMA (b) ALTA Loan Policy-(6/17/06) Proposed Insured: '6 (c) ALTA Loan Policy-(6/17/06) Proposedlnsured: Case No. PCT22372L Amount$ 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 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: i, 3 g,~,'. Schedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. .-, ,.~ ~cc ~,,, ~, 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 ff6 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 OS°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.OOfeet thence N 55°26' W 167.90 feet; thence N OS°56' E 332.93 feet to the point of beginning. ;, , y r..~ 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,rcwrtgagors 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. w. ~i .. .w _ ,~~s. SCHEDULE B SECTION 2 EXCEPTIONS ~. The policy or policies to be issued will contain excep6tgra~to the:foAowing unless the same are disposed of to the satisfaction of the Company: g,i. ~. 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 DeGaration 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. wi'; ~~~ 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. + `.,s THE C Land Use Application Determination of Completeness Date: Janua~009 Deaz 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 Ad'ustment. 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: t,' 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 aze to the satisfaction of the City of Aspen Planner reviewing the land use application. ^ Your Land Use Application is complete: If there aze 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, ~ t C£~~ , ~..-d•n nnifer P el ,Deputy Director City of As Community Development Department C:\Documents and Settings\jennifep\My Documents\organized\G DrivelTemplates\Land Use Cases\Completeness Letter Land Use.doc ._ .~. QTY OF ASPEN COMM[JNITY DEVELOPMENT DEPARTMENT R~c~oVEp Aorne- t far Pavme_t of S,{ty of Asnen De~1nT~c *A +~* l~~on FeeB y ~ ~ AN 9 ?OOg I.~K171F1J /~I.-i+1~ `~~MMUNIr~ ~ ~~'EI~ CITY OF ASPEN (hereinafter CITY) and ,i ~ (hereinafter APPLICANTS AGREE AS FOLLOWS: E(OPMEN~ 1. (hereinafter, THE PROJECT). to CITY an application for 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 projeM, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY fuzther 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 aze necessary as costs aze 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 [o 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 aze 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 dete ation of application completeness, APPLICANT shall pay an initial deposit in the amount of $~vhich is for ~ 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 $235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT sy: By: Chris Beadon ~.1ti- D9 Community Development Director Date: Billing Address and Telephone Number. ~CDAdr a 'IC<iI K1~L~' ~ ~ • X09/1 9$o•~olb X0`34 C:~Documents and Settings~johannahr~DesktopV.UFeeAgree.doc ~,,, ~C}! 1131 T ~ ,.> I ofry ATTACHMENT 2-LAND USE APPLICATION ~~~~v`O .~.G Ai PRO.IECr: , , Name: ~T I.IN~. /~q~CJ~S~~iI~tT '~M I Gx ., ,9 Si'G~ AtTTxo~ LIST °F!' FN Location: Indicate street address, lot & block number le al descri lion where ro riate N Parcel ID # UIRED ArrLr~wiv r Name: WA~I~R~.N' CDFtEN' Address: 21 °SKIMMIN~ ~~~ ~~ ~ G°~ b IC° I~ Phone#• 9"~O'g2b•~O(o9 303.5 q•G}5o CE~~ REPRESENTATIVE: Name: T ( S Address: 455 CoAL~.~-I~ G~RC~L.E Enlotz~vo 51~grNCS,c~ Phone#: ~ ' ~v (,~I,rl. ~ ~ ~'~0~0 ~pq~l TYPE OF APPLICATION: (please check all that apply): ^ GMQS Exemption ^ Conceptual PUD ^ Temporary Use ^ GMQS Allobnent ^ Final PUD (& PUD Amendment) ^ TexUMap Amendment ^ Special Review ^ Subdivision ^ Conceptual SPA ^ ESA - 8040 Grceriline, Stream ^ Subdivision Exemption (includes ^ Final SPA (& SPA Mazgin, Hallam Lake Bluth condominiumization) Amendment) Mountain View Plane ^ Commercial Design Review ^ Lot Split ^ Small Lodge Conversion/ Expansion ^ Residential Design Variance ® Lot Line Adjustment ^ Other: EXISTRVG COND1TiONS: descri 'on of existin buildin ,uses, revious royals, etc. ~4p,GEL I ,LOTH fA'f 13 >~'t1~ VAt.~NT '(~41cIi~.15A ~IS'rIN~ SINGLE ~aMILY GWEI.Llu4 oN pA~RGi!1'L LoT l.~~lti ~.hJtK-r't~I~NT Have you attached the followingY r naa uu~: a ~- T- - [>~' Pre-Application Conference Summary Attachment #1, Signed Fee Agreement 'Response w 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 11" must be folded. A disk with an electric copy of alt written text (Microso8 Word Format) must be submitted as part otthe application. Large scale projects should include an electronic 3-D mode4 Your pre-application conference summary will indicate if you must submit a 3-D model ~.~cNi~it4 ZoFG Parcel Identification Numbers and Street Addresses Re: Lot Line Adjustment • 185 Skimming Lane Lot 11, Block 1, Aspen Grove Subdivision Pazcel ID. #273718104002 • 287 McSkimming Road Lot 13, Block 1, Aspen Grove Subdivision Parcel ID. #2737181040 • Pazcel 1, Highland Placer Patcel ID. #273718100006 • 521 McSkimming Road Parcel 2, Highland Placer Pazcel ID. #273718100005 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: LOT LINE ADNSTMENT Applicant: WARREN COHEN Location: PARCEL 1, HIGHLAND PLACER Zone District: RIS-B Lot Size: 61,260 SQ. FT. Lot Area: 61,260 SQ.FT. E><+~113IT 4 ~ o ~- (for the purposes of calculating Floor Area, Lot Area maybe 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: Existina~ wA Prooosed' wA Number of residential units: Eristino' wA Proaosed' wA Number of bedrooms: Existing' WA Piooosed' wA Proposed % of demolition (Historic properties only): DIMENSIONS Floor Area: Existing: 0 Allowable 4.692 sq.ft Proposed: 0 ht: Existing: hei inci al bld P N/A Allowable: 25' Proposed: N/A g p g. r Access.bldg. height: Existing: N/A Allowable: 25' Proposed.• N/A _ : Existin : azkin On-Site N/A Required: 2 Proposed: N/A g g p %Sitewverage: 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 Setback: Existin : R N/A Required: 10' Proposed: N/A g ear 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 V8rlatton5 requested: NUNI; ~.~!-N tS~T//,w, ATTACHMENT 3 ~~ ~f+ 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 azeas within the high water mazk, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing' wA Pmposed~ wA Number of residential units: Existing' t Proposed: WA Number of bedrooms: Existing a Proposed: wa Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: 2.604 soft Allowable 5.557 sg.ft Proposed: 0 Principal bldg. height: Existing: N/A Allowable: 25' Prpposed: N/A Access.bldg. height: Existing: 16' Allowable: 25' Proposed: N/A On-Site pazking: Existing: 3 Required.' 2 Proposed: N/A e: Existing: Site covera N/A Required.• NONE Proposed• N/A g Open Space: Existing: N/A Required: NONE Proposed: N/A Front Setback: Existing: 103' Required: 30' Proposed: N/A Reaz 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: S 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 Vana[lon5 requesteo: NUNIi ATTACI~vIENT 3 DIMENSIONAL REQUIREMENTS FORM Project: LOT LINE ADNSTMENT Applicant: WARREN COHEN Location: LOT 13, BLK 1, ASPEN GROVE SUBDMSION Zone District: R15-B Lot Size: 35,393 SQ. FT. Lot Area: 32,991 SQ.FT. b op CP (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.) Commeroial net leasable: Exrs6na' wA Prooosed' wA Number of residential units: F istina' WA FYOrx>~d• WA Number of bedrooms: Existina~ WA Prooosed: wA Proposed % of demolition (Historic properties only):. DIMENSIONS: Floor Area: Existing: 0 Allowable 3,900 sq.ft Proposed. 0 height: Existing: al bld Princi N/A Allowable: 25' Proposed. N/A g. p Access.bldg. height: Existing: N/A Allowable: 25' Proposed: N/A : Existing: On-Site arkin N/A Required: 2 Propased.• N/A p g Site coverage: Existing: N/A Required: NONE Proposed: N!A ace: Existing: en S O N/A Required: NONE Proposed. N/A p p Front Setback: Ezisting: N/A Required.• 30' Proposed: N/A Reat 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: Existin : N/A Required: 5' Proposed: N/A g 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 V ananons requesteo: NUNL; ATTACHMENT 3 DIIvIENSIONAL REQUBtEMENTS FORM Project: LOT LINE ADJUSTMENT Applicant: WARREN COHEN Location: LOT 11, BLK 1, ASPEN GROVE SUBDIVISION Zone District: R15-B Lo[ Size: 17,712 SQ. FT. Lot Area: 15,210 SQ.FT. ~ o~~ (for the purposes of calculating Floor Area, Lot Atea maybe 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 rmits: Existirw' wa Proposed: wA Number of bedrooms: Exisfina~ wa Proposed wA Proposed % o[ demolition (Historic properties only):. DIMENSIONS: Floor Area: Existing: 0 Allowable 3.182 sq.ft Propased.• 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 pazking: Existing: N/A Required.' 2 Propased.• 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 Reaz 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.' S' 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 Requred: NONE Proposed: N/A Buildings Existing non-conformities or encroachments: NONE vananons requested: nutvr: ~~4{101T 5 .. ~~_ a ~' ~~ z 5 ~~~ g M~~MM\~G ~oPo ~ ~2 r GO~p . ~~ 113 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 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 consideraflon 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 wnfinn 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, cairn 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 suxessors 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 w persons lawfully chiming or to daim the whole or any part thereof, by through or under the said parties of tha first part to WARRANT AND FOREVER DEFEND. The singular shall include the plurai, 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 the'v hand(s) and seal(s). WE HEREBY CERTIFY THIS TO BE A TRUE AND CORRECT COPY OF THE ORIfINAI DOCUMENT. PITKIN COUNTY TITLE, INC. BY v r SIGNATURES ON PAGE 2 RETURN TO pfn(Rd COUNTY TITLE INC. 801 E HOPKINS AVE. ASPEN, CO 61611 ., 2013 PAGE 2 TO SPECIAL WARRANTY DEED SIGNATURE PAGE THE JOINES FAMILY PARTNERSHIP, LLLP ~xt Uec~fJS. Olivia Jones Je arl r Trustees of the Olivia Jones Revocable Trust u/a/d December 24, 2003, General Partner STATE OF ~~~'~~ ) ss COUNTY OF l:~N1l~2) Th regoing instrument was acknowledged before me this ~7~ay of _, 200¢ 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--~$ -G$ Notary Public PAMELA S. DuFAULT '~ 3 of 1~ '~ EXHIBIT "A" LEGAL DESCRIPTION LOT 11, BLOCK 1, fSSPEN GROVE SUBDIVISION, according to the Plat thereof recorded in Ditch Book ZA at Page 291. V~~ ,,1 ,..,~ ,.~ ~KtN131Trc X13 ' IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the year and date first above written. f CO-TENANTS: DAVID PINE: a Colorado lia By: STATE OF COLORADO ) ss. COUNTY OF ~ A) The f regoi g instrument was acknowledged before me this ~l ,_ daY of 2004, by David A. Gitlitz, as a manager of DAVID PINE, LLC, a Col ado limited lia ility company. 1 ~ ®~ ~ A- Notary Public Vincent J. Hgens !Notary Pudk NO Tq bly Canmisakn E~iree 6R5l2007 6016 Hopkins My Commission E s:••"' Aspen, CO 81811 F_ •~'~ • .5h~~ "G~ Y [SIGNATURES CONTINUED ON FOLLOWING GEj ,,,. (3404.62.9/(3!2004 D214 PM.MBA0.A01627D4.DOC;IiDLt99999N0536L03 6 t ...> wARREN PINE, I a Colorado limited By: STATE OF COLORADO ~ ~-11131T~o 5 of 13 Manager ss. COUNTY OF ~1.1 n The fo gre oin instrument was aclmowledged before me this (~i ~ day of ~~~c~~l~~ , 2004, by Warren Cohen, as a manager of WARREN PINE, LLC, a Colorado limited liability company. (A~ ~. No ry Public My Commission Expires: ~ y [END OF SIGNATURES) V .. '. . {3404.62.9/13/2004 0224 PM.MBAAA0162T04.DDC:1)DL~99999M05361.05 1 ........y. .:[ ~ ~ .... ......~ ... . .~ 4:. z ~.:.w.. ~....... r w r ~.~~~Crt6r~Jwi.~ - -. I~.~C~t l t3lT $~. b'~ to o~ 13 SPECIAL WARRANTY DEED 6 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 confine unto the said parties of the sewed 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 ell and singular the hered'rtaments 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, Gaim and demand whatsoever, of the said parties of the first part, either in law or equity, of, in and to the above bargained premises, wdh the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, .wdh the appurtenances, unto the said parties of the second part, its successors and assigns forever. And the sold parties of the first part for themselves, their heirs and assigns do wvenant, grant, bargain and agree to and with the said parties of the sewed 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 daiming 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 appliceble to all genders. IN WITNESS WHEREOF, the said partles 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 ORIGINAL DOCUMENT. PITKINQCOUNTY TITLE, INC. BY ~J• SIGNATURES ON PAGE 2 RETURN Tn PITKIN COUNTY TITLE INC. 601 E HOPKINS AVE. ACOCIJ M C1Q11 -. __ _._ _ ..._ _ ., $ aF 1'~j PAGE 2 TO SPECIAL WARRANTY DEED S SIGNATURE PAGE THE JONES FAMILY PARTNERSHIP, LLLP ~i~ Jonss ~ Jones J ar er Trustees of the Olivia Jones Revocable Trust u/a/d Dec m er 24, 2003, General Partner STATE OF ~ot.DRAi~) ss COUNTY OF T~IW~12~ The egoing instrument was acknowledged before me this ~~~' day of ~~f , 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 ..-- Notary Public my commission e • 7-2.$-08 ~~~CARIf~`ic, -- PCT1885 5~PAMELA S. d,`•; DuFAULT , ~~ ~.., ~ EXHIBIT "A" LEGAL DESCRIPTION '` ~x+~l >3 rr Co a ~~~ LOT 13, BLOCK 1, /~,SPEN GROVE SUBDIVISION, according to the Plat thereof recorded in Ditch Book ZA at Page 291. ~aF13 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the yeaz and date first above written. DAVID COTTON a Colorado limited By: STATE OF COLORADO ) ,1 )ss. COUNTY OF ~N~ u ~ A. The foreggoing instrument was acimowledged before me this ~_ day of ^~~p -Mb^ 2004, by David A. Gitlitz, as a manager of DAVID COTTO OOD, LL , a Colorado limited liability comp y. Notaryl Public Ylneent d Nigene /Notary Public W-Y Cannbs E 6/25/2007 .. Aspen, t '_ My Commission Expires: [SIGNATURES CONTINUED ON t1404.62.9f152001 02:10 PM.MBARAOl626%.DOC;I)DU99999M05361.05 ~ ~ ~C.H 113 I'(' l~ ~, I d eF 13 ' WARREN COTTO OD, LLC, a Colorado limited lia ity com , f gy; W ohen, Manager STATE OF COLORADO ) ss. COUN'T'Y OF ~~ r' The foregoing instrument was acknowledged before me this ~ aay of 2004, by Warren Cohen, as a manager of WARREN CO OOD, LLC, a Colorado limited liability company. (r~~ ~n,~ _ ~1 t r 0~- Lf' `~J~ No Public My Commission Expires:~l2b- )END OF SIGNATURES) {3904.62.9/I32004 02:10 PMMBARA0167b96.DOC;1}DL199999~90536 i.05 1 _. _:, ~. l1 oP 13 SPECIAL WARRANTY DEED THIS DEED, Made September 21, 2004 e between THE JONES FAMILY PARTNERSHIP, LLLP i 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, Sufte 200, Denver, Co 60209 of the County of DENVER State of Co, of the second part, GRANTEE W ITNESSETH, 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 profds thereof; and all the estate, right, title, interest, clafirt 2~d 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.desaibed, with the appurtenances, unto the said parties of the second part, its successors and assigns forever. And tha said parties of the first part for themselves, their heirs and assigns do covenant, grant, bargairvand agree to and with the said parties of the second park 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). SIGNATURES ON PAGE 2 WE HEREBY CERTIFY THIS TO BE A TRUE AND CORRECT COPY OF THE pR161NAL DOCUMENT. PITKIN COUNTY TITLE, INC. BY - ~- RETURNT7) PTTifIN COUNTY TITLE INC. 807 E HOF~ICINS AVE. ASPEN, CO 8787 7 .., "~ ~Xt-FI~IT4 12 0~ I'3 PAGE 2 TO SPECIAL WARRANTY DEED SIGNATURE PAGE 4 THE J®®ONES FArrMILY PARTNERSHIP, LLLP ~`~J~~~~ ~ Olivia Jones J r y a r Trustees of the Olivia Jones Revocable Trust u/a/d Decem er 24, 2003, General Partner STATE OF COLO2A~ ) ss COUNTY OF ~NER- ) The going instrument was acknowledged before me this ~7~ day of 200 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 l Notary Public my commission expires: 7- ?$ -G6 PCT1885 ~0~~~"~~~' __ PAMELA S. DuFAULT_ ~., ~.~ I'3 ~~ 13 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1: A tract of land being a part of the Highland Placer located in the NE'/. of the NEY. of Section 18, Township 10 South, Range 84 West of the 6th P.M., more fully described as follows: Begin at Comer #6 of the Highland Placer, U.S. Mineral Survey ff6120; 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 OB°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 Comer No. 6 of said Highland Placer bears N 81 °04' W 257.60 feet; thence S 81°04' E 388.55 feet along the North line of said Highland Placer, thence S OB°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 chorcl of which bears S 66°58'30" W 55.15 feet); thence S 55°40' W 226.60 feet; , thence N 07°3T 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. ~ ~~ ~~ ~.. R ~ rj' ~ ~ ~, %~ 3 ; 9 ~ ~~ ;1 h' i] ; Y ~ ', fti~ ''~ltq b d ~~f:~ I t ~(f(~1 ~ °~+t~# ~ i :if~i i ~_ ~ / II ~I: ~~ ` i _~ ~ i ~ ~~ ~ r ~ \\~~ ~- ~: ~, ( ~_, i~~~\' ,~ I. ~; ~~~ ~, .j _ ~,, ii ~ 4 ~~ i ~; ~ i~ ~ ~~ ~. ~P ~~ i ~ ~~ ,.t ? ~` f~ ~.3 $ ~ ; ~~~ ~ ~ ~ ~ ~~ ~ g~ a ^ ~ ~ ~~ ~: ~ ~~ ~ ~~ W >il i f ~ ~1~ ~ N ~, eq. ~t ~1 t~ if ~. i i a t i ! ~ ~ - 1 ~/ i )i ®o \ fJ l 1 ~ l ~ ~= .. ~d .~ - y'' a Rte. { ~`~~ ~. Y January 8, 2009 Stan Matbis 7515 Coal Creek Circle Colorado Springs, Colorado 80911 719-390-6065 719-391-8199 Fax 970-618-6636 Cell pmbaddog~gmail.com Ms. Errin Evans City of Aspen Department of Community Development 130 Galena Street Aspen, Colorado 81611 Re: Lot Line Adjustment P~ \.. A~ RECEIVED JAN 9 1009 CI :ry OF gSPE1V ~OMMUNI7V DEVELOPMENT 185 Skimming Lane Lot 11, Block 1, Aspen Grove Subdivision Parcel ID. #273718104002 Owner: Waxen 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 • Pazcel 1, Highland Placer Pazcel 1D. #273718100006 Owner: Warren Oak LLC a Colorado Limited Liability Company, Warren P. Cohen, Manager • 521 McSkimming Road Pazce12, Highland Placer Pazcel 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 t ~ ~„~ 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 pemut 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 wne 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. 26304.010. 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 ExhiMts 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 aze 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 aze 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 w ~~ .. a, .,, 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 azeas shall include only azeas 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 azeas for long-term residential purposes with customary accessory uses. Lands in the Moderate-Density Residential (R-ISB) 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. Pemutted 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) squaze 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 yazd setback: five (5) feet. ~~ ..., 6. Minimum reaz 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 azea for each 100 square feet in lot area, up to a maximum of 1,680 square feet of floor azea 3,000-9,000 1,680 square feet of floor area, plus 20 square feet of floor azea 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 azea for each additional 100 squaze feet in lot area, up to a maximum of 3,180 squaze feet of floor area 15,000-50,000 3,180 square feet of floor azea, plus 4 square feet of floor area for each additional 100 square feet in lot area, up to a maximum of 4,580 squaze feet of floor azea 50,000+ 4,580 square feet of floor area, plus 1 square foot of floor azea for each additional 100 squaze feet in lot azea 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) ~~ .... Respoese: 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. You, Stan Mathis ~~ ~XltilSiT i `~' j of 2 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 ca~ulate allowable floor area. Also, lob 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-158) 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 htta'llwww aspenpitkin comldeats1381citycode.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: 5947 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 parcei, and demonstrating the owners right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement 6. Pre-application Conference Summary. 7. An 8112° 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. ~jc~}tgiT t .., .~ zdt=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 Intemafional 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. ~~ ..~. JANUARY 5, 2009 WARREN COHEN 521 MCSKIIvIl~~IING 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, ~ It~IT 'Z 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 PMBADDOGSna GMAIL.COM THANK YOU, ww.;?~ WARREN COHEN r. ~~ 0 S. --~ } Set Rebar w/Cap, L.S. ~,E28643 18.00' Witness Cor. y ~Ia ne Trust 'age 958 ~O" rY 7' -~ 43 Bears S 46'46'12"~E, 5.49' ~~,5 5~?}'`~ArD e 4~ ~ ~P~ ~~ a~'A~ ~~,. 0 g4~a~ 9ti~,c 34ea s; If _ NEW PROPERTY CORNER /(-TYPICAL) \~~~~~~~~~~~~~\\ ~ .. / Set ~ bar w/Cap. L.S. 28643 ~ ~ so• ora. syn,n / D/d Spru°~ . Red 4 x 4° Post ° Bea 77'42'40" W, 1.06' ~° ~ ' /-~ LOT >4 BLK 1 RC CR Existinc m