HomeMy WebLinkAboutcoa.lu.sm.Molny Eubank.1983ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 87691
(303) 925-2020
LAND USE APPLICATION FEES
City
00113 - 63721 - 47331 - 52100 GMP/CONCEPTUAL
63722 - v1332 - 52100 GMPIPRELIMINARY
63723 - 47333 - 52100 GMPIFINAL
63724 - 47341 - 52100 SUB/CONCEPTUAL
fi3725 - 47342 - 52100 SUB/PRELIMINARY
63726 - 47343 - 52100 SUBIFINAL
63727 - 47350 - 52700 EXCEPTIEXEMPTION
63728 - 47350 - 52100 REZONING -,
63729 - 47360 - 52100 SPECIAL REVIEW
SUB-TOTAL
County GMP/GENERAL
00113 - 63711 - 47331 - 52200
63712 - 47332 - 52200 GMPIDETAILEO
63713 - 47333 - 52200 GMPIFINAL
63714 - 47341 - 52200 SUB/GENERAL
63715 - 47342 - 52200 SUBIOETAILED
63716 - 47343 - 52200 SUBIFINAL
63717 - 47350 - 52200 SPECIAL REVIEW
63718 - 47350 - 52200 REZONING
63719 - 47360 - 52200 SPECIAL APPROVAL
SUB-TOTAL
PLANNING OFFICE SALES
00113 - 63061 - 09000 - 52200 COUNTY CODE
63063 - 09000 - 52200 ALMANAC
63062 - 09000 - 00000 GMP
63066 - 09000 - 00000 COOPEREES
63069 - 09000 -
SUB-TOTAL
TOTAL
Phone:
Name: _ Project: __
Address: ~ ~ ':~
Oate:
Check No. No. of Rours:
Additional billing:
~~11 EDWIN WOODRICH ASSOCIATES
ARO HITE CTURE PLANNING ENGINEERING
September 26, 1983
Planning and Zoning Commission
City of Aspen
130 South Galena
Aspen, Colorado 81611.
Honorable Commissioners:
6've request a five (>) foot easterly extension and an appror_imate
sever. (7) foot northerly extension to an already existing deck
at a residence at 102?_ East Hyman. This is in compliance with
Article Six, Section 24-6.3 of the Zoning Code of the City of
Aspen.
The existing structure is within one hundred (100) feet of the
100 year flood plain as shown on the attached MOLNY/EUBANK
SUBDIVISION Plat.
The Proposed Deck Extension however is approximately twenty two
(22) feet above the existing grade as shown on Section B sheet A-1.
and since the construction is of cantilever nature, all work will
be accomplished from the existing deck. All existing trees and
shrubs as shown on the Subdivision Plat are clear of the proposed
construction and therefore no damage or removal of trees or shrubs
is contemplated.
May we hope for your favorable decision at your earliest
convenience.
Respectfully yours,
\~
Edwin B. Woodrich, A.I.A.
31A SOUTH MILL STREET ASPEN COLORADO 0161 903925303]
MEMORANDUM
TO: Colette Penne, Planning Office
FROM: Chuck Roth, Engineering Department Clc--
DATE: October 31, 1983
RE: Molny/Eubank Stream Margin Review
------------------------------------------------------------
Having reviewed the above application and having made a site
inspection, the Engineering Department has the following
commments
1. Stream margin review requirements are contained in Section
24-6.3 of the Aspen Municipal Code.
2. The site inspection revealed that the course of the river
has changed a great deal; perhaps as much as 30' to the
west, from what is shown on the development plan. The
development plan does not indicate when the survey was
performed, but because the course of the river is so greatly
different from that shown, we will have to have a current
survey.
3. The 10' trail easement citations do not appear to be correct.
See Book 288, pages 142-145.
4. Contour lines must be shown for 2' intervals (5' intervals
for grades over 108.)
5. Existing trees and shrubs must be shown.
6. Section 24-6.3(b)(9) requires a statement of°construction
procedure to be used." The following note should be on
the development plan:
NOTE: The construction procedure to be used
will in no way impact the stream. There
will be no change 'in the stream channel
or its capacity, and there will be no
activity which will increase stream
sedimentation and suspension load.
CR/co
cc: Dan
Jay
Molny/EUbank Stream Margin Review
November 8, 1983
Page Two
The City Attorney's office had no comments.
Chuck Roth of the City Engineer's office had a
concerns with the submission. Chuck felt that
was not as precise as it could have been. How
that the construction procedure proposed would
stream. The Engineering Department's complete
for your review.
number of technical
the development plan
giver, Chuck agreed
in no way impact the
comments are attached
The Planning Office recommends approval of the Molny/Eubank Stream
Margin Review subject to the following conditions:
~;j:
1. The extension of 'the existing deck shall be no more than
five feet (5') in the easterly direction and seven feet
(7') in the northerly direction.
2. The construction of both decks shall be of a cantilever
nature with all work accomplished from the existing deck.
3. The construction procedure to be used will in no way impact
the grade level, the stream bank, the stream itself or its
capacity.
4. The applicant shall prepare a development plan which must
be approved by the City Engineer prior to the issuance of
a building permit for either of the deck extensions. The
plan will include all items requested in Chuck R~tl~'.s,memo-
randum of October 31, 1983 ~J~'% - ~ ~ ~ f„fir ~ '
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CASELOAD SUMMARY SHEET.
City of Aspen
No. SI-8 3
Staff: C~
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PROJECT NAME: gds, ~~ ~ ~
'n_~... VIA ~.,1 . Phone: _~--
APPLICANT: ~-i"~"^ - Q
Phone:
REPRESENTATIVE:
(Fee)
TYPE OF APPLICATION:
I. GMP/SUBDIVISION/PUD (4 step)
($1,840)
1. Conceptual Submission
($1,120)
2, Preliminary Plat
($ 560)
3, Final Plat
II. SUBDIVISION/PUD (4 step)
1. Conceptual Submission
.($1,290)
($ 830)
2. Preliminary Plat
($ 560)
3, Final Plat
XCEPTION/EXEMPTION/REZONING (2 step) ($1,010)
III.E
`/
J~ IV. SPECIAL REVIEW (1 step) ($ 465)
1. Special Review
2. Use Determination
3, Conditional Use
Date Referred:
nrrrnolll C• _
~( _Attorney
~( _Engineering-Dept.
Housing
Water
City Electric
Sanitation District
Mountain Bell
Parks
Holy .Cross Electric
Fire Marshall/Building Dept
School District
Rocky Mtn. Nat.Gas
State Hgwy. Dept.
Fire Chief
Other
runt RnIITING:
Date Routed:
Attorney
Building
Engineering
Other
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" . Ordinance No.
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CITY P&Z ,REVIEW:
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CITY-COUNCIL REVIEW:
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.Ordinance No.
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Approved by the P&Z ,11/8/83 with the following conditions:
1. The extension of the existing deck shall be no more
than five feet (5') in the easterly direction and
seven feet (7') in the northerly direction.
2. The construction of both decks shall be of a cantilever
nature with all work accomplished from the existing deck.
3. The construction procedure to be used will in no way
impact the grade level, the stream bank, the stream
itself or its capacity.
4. The applicant shall prepare a development plan which
must be approved by the City Engineer prior to the
issuance of a building permit for either of the deck
extensions. The plan will include all items requested
in Chuck Roth's memorandum of October 31, 1983, with the
exception of conditions #4 and #2 from said memo which
may be amended to allow measuring by the architect
rather than a surveyor.
5. The applicant will draft a new Trail Easement to the
satisfaction of the City Attorney and will record that
document, indicating that the representation of the river
location is inaccurate on the recorded Final Plat.
f ^
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MEMORANDUM
T0: Aspen Planning and Zoning Commission
FROM: Richard Grice, Planning Office
RE: Molny/EUbank - Stream Margin Review
DATE: November 8, 1983
'fir
~r/
The attached letter of application from Edwin Woodrich requests
Stream Alargin review approval for the extension of decks on an
existing house. The requested cantilevered 5 foot easterly extension
and 7 foot northerly extension of decks will be constructed 22 feet
above grade. The catilevered extensions will in no way impact
existing vegetation, stream bank or the flood plain since there will
be no improvements at grade.
According to Section 24-6.3 of the City Code, the intention of the
Stream Margin regulation is "to guide development and encourage
appropriate use land in proximity to designated natural water courses,
to promote safety from flooding, to prevent impediment of natural
water flow, and to insure provisions for adequate protection and pre-
servation of the designated natural water courses as important natural
features." This application is before you because of the fact that
the air space extension lies within 100 feet measured horizontally
from the high water line of the Roaring Fork River.
The City Code also establishes the following review criteria for
the consideration of Stream Margin applications:
"1. No building shall be located so as to be within a flood
hazard area designated by the U.S. Corp. of Engineers
Flood Plain Report for the Roaring Fork River.
2. In the event there is a trail designated by an approved
trail plan within the development site, such trail shall
be designated for public use.
3. All attempts should be made to implement the recommenda-
tions of the Roaring Fork Greenway Plan prepared by the
Roaring Fork Greenway Committee.
4. Vegetation shall not be removed nor any slope grade
changes made that may produce erosion of the stream bank.
5. There shall be permitted no changes to the stream channel
or its capacity, and no activity shall be allowed which
will increase stream sedimentation and suspension loads.
6. All efforts must be made to reduce stream pollution and
interference with the natural changes of the stream, and
to enhance the value of the stream as an important natural
feature."
Tom Dunlop, Director of the Environmental Health Department commented
as follows:
"There appear to be no adverse environmental impacts associated
with an approval of this request to the extent an existing deck
by the dimensions described in the submittal."
~~ ~.
~..~ ~ ,.
MEMORANDUM
TO: Colette Penne, Planning Office
FROM: Chuck Roth, Engineering Department Ci~
DATE: October 26, 1983
RE: Molny/EUbank Stream Margin Review
------------------------------------------
Having reviewed the above application and having made a site
inspection, the Engineering Department has the following
commments
1. Stream margin review requirements are contained in Section
24-6.3 of the Aspen Municipal Code.
2. The development plan as submitted is unacceptable. The
course of the river on October 17, 1983, is not at all
as indicated on the plat. The development plan must show
the river in its current state with the high water line
of the river drawn and labeled. ("High water line" is
defined as the line which the water impresses on the soil
by covering it for sufficient periods to deprive it of
upland vegetation.) This line may cross the 100-year
flood plain line. It is suggested that the 100 year
flood plain be further defined by adding the following
language: "per Army Corps of Engineers study, June 1973."
3. The 10' trail easement citations do not appear to be correct.
See Book 288, pages 142-145.
4. Contour lines must be shown for 2' intervals (5' intervals
for grades over 10~.)
5. Existing trees and shrubs must be shown.
6. Section 24-6.3(b)(4) requires a statement of°construction
procedure to be used." The following note should be on
the development plan:
NOTE: The construction procedure to be used
will in no way impact the stream. There
will be no change in the stream channel
or its capacity, and there will be no
activity which will increase stream
sedimentation and suspension load.
7. The development plan will need to be certified/recertified
by a registered land surveyor.
CR/co
cc: Dan
Jay
ASPEN~PITKIN
ENVIRONMENTAL HEALTH DEPARTMENT
MEMORANDUM
T0: Colette Penne
Planning Office
FROM: Thomas S. Dunlop, Director ~D
Environmental Health Department
DATE: October 6, 1983
RE: Molny/Eubank Stream Margin Review
---------------------------------------------------------
There appear to be no adverse environmental impacts
associated with an approval of this request to extend
an existing deck by the demensions described in the
submittal.
TSD/co
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'130 South Galena Street Aspen, Colorado B'161'1 303/925-2020
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MEMORANDUM
TO: City Engineering
City Attorney
City Environmental Health
FROM: Colette Penne, Planning Office
RE: Molny/Eubank Stream Margin Review
DATE: October 3, 1983
Attached is an application for stream margin review submitted by
Molny/Eubank. Molny/Eubank proposal requests stream margin review
in order to extend an existing deck.
Please review the material provided and return your comments to
the Planning Office by October 25, 1983, so that we may prepare
for its presentation at the November 8, 1983 meeting before the
Aspen City Planning and Zoning Commission.
Thank You.
r^,
E W 11 EDWIN WOODRICH ASSOCIATES
ARG HITECTURE PLANNING ENGINEERING
September 26, 1983
Planning and Zoning Commission
City of Aspen
130 South Galena
Aspen, Colorado 81611
Honorable Commissioners:
We request a five (5) foot easterly
seven (7) foot northerly extension
at a residence at 1022 East Hyman.
Article Six, Section 24-6.3 of the
Aspen.
...
extension and an approximate
to an already existing deck
This is in compliance with
Zoning Code of the City of
The existing structure is within one hundred (100) feet of the
100 year flood plain as shown on the attached MOLNY/EUBANK
SUBDIVISION Plat.
The Proposed Deck Extension however is approximately twenty two
(22) feet above the existing grade as shown on Section B sheet A-1.
and since the construction is of cantilever nature, all work will
be accomplished from the existing deck. All existing trees and
shrubs as shown on the Subdivision Plat are clear of the proposed
construction and therefore no damage or removal of trees or shrubs
is contemplated.
May we hope for your favorable decision at your earliest
convenience.
Re tfully yours,
Edwin B. Woodrich, A.I.A.
314 SOUTH MILL STREET ASPEN COLORADO 81611 303 9253037
\- '
MEMORANDUM
TO: City Engineering
City Attorney
City Environmental Health
FROM: Colette Penne, Planning Office
RE: Molny/Eubank Stream Margin Review
DATE: October 3, 1983
+°A,
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t~
Attached is an application for stream margin review submitted by
Molny/Eubank. Molny/Eubank proposal requests stream margin review
in order to extend an existing deck.
Please review the material provided and return your comments to
the Planning Office by October 25, 1983, so that we may prepare
for its presentation at the November 8, 1983 meeting before the
Aspen City Planning and Zoning Commission.
Thank You.
Oct. 20
Colette:
No comments on this one. There was a question early about whether the
matter had to be reviewed at all. It was my opinion that it had to be reviewed
because of the "land and Air space" requirement of the ordinance. This opinion
is reinforced by the relevant renresen~tations that will go on the record, i.e.
all contruction will take place from the existing deck, no vertical supports,
no disturbance or removal of vegetation, confirmation of existing trail easement,
etc.
C~
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.~ , ~ ~. ~ r ' BOOK~p~j PAGE~96
EXIfIDIT "A"
A parcel of land being part of Lots R and S,
Dlock 33, East Aspen Addition and part of Lots G and 7,
Block 5, Riverside Addition. Said parcel is more fully
described as follows: Beginning at a point (being the
Northwest corner of said Lot R); thence 5.75°09'11"F,.
104.00 feet aleng the Northerly line of said 7.ot R, S,
G and 7 to the center line of the Roaring Fork River;
thence S.8°15'57" E. 70.53 feet along the center line
of the Roaring I'o.*.k River; thence N.G3°49'08" t4. 73.11
feet; thence N.75°69'11" W. 60.00 feet to the westerly
line of said Lot R; thence N.14°50'49" E. 50.50 feet
along the i,]esterly line of said Lot R to tl~e point of
beginning. Said parcel contains 6,267 square feet
more or less.
Together with non-exclusive easement for ingress
and egress over and across the easterly fourteen (14)
feet of Lot Q, Block 33, East Aspen Addition, City
of Aspen, to and from Hyman Avenue from and to the
alley located in said Block 33. Upkeep, maintenance
and snow removal shall be the joint and mutual
responsibility of the parties hereto, their heirs,
executors, administrators and assigns. Such ease-
ment shall be accessible and open at all times.
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Recorded nt.........',._..0........._o clocl....P......-1•, ....... P.X 11....1.7.. ... .........._..................dOOK~VU ' !~('_~~V
797 ...--...Peggy Mikli.ch tA~
Reception No...__ ..:... ............... .._......_ ...................... .,................Recorder.
THIS DEED, 1lfadc this 16th day of April , 1974
between Patricia Williams Card
of the
County of P i t ki n and Slate of Colorado, of the first palt, and
Dale Eubank, P.O. Box 3678, Aspen, Co. 81611
of the - County of P i t k i n and State of
Colorado, of the second part:
5:; :: - ~ - '':~ FEE
ANK i '7 19.14
WI1'NESSETH, That the said party of the first part, for and in consideration of the sum of Th it t y-
four Thousand Five Hundred and n0~100-----------------------DOLLARS
to the said party of the first part in hand paid by said party of the second part, the receipt whereof is
hereby confessed and acknowledged, hnS granted, bargained, sold and conveyed, and by these presents does
grant, bargain, sell, convey and confirm, unto the said party of the second pnrt,hiS heirs and assigns for-
ever, all the following described ]otg or parcel S of land, situate, lying and being in the
County of pi t k i ^ and State of Colorado, to wit:
SEE ATTACHED EXHIBIT "A" ATTACHED HERETO
AND INCORPORATED HEREIN.
TOGETHER with all and singular the hereditaments and appurtenances thereto 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 patt y of the first part, either in law
oz equity, of, in and to the above bargained premises, with the hereditnments and appurtenances.
TO IIAVF, AND TO IIOLD the said premises above bargained and described with the appurtenances, unto the
said part y of the second part,h iS heirs tend assigns forever. And the said party of the first part,
for her self hE'r heirs, executors, and administrators, do eS covenant, grant, bargain, and agree to and
with the said party of the second part, h iS heirs ]md assigns, that at the time of the ensealing and delivery
of these presents, She iS well seized of the premises above conveyed, as of good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and hn5 good right, full power and lawful authority
to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear
from nl] former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or
nature soever, except reservations as contained in United States Patent
recorded in Book 180 at page 454 and ill Book 175 at page 246, pitkii
County, Colorado, records, and the lien for general taxes for the
year 1974.
and the above bargained premises in the quiet and peaceable possession of the said party of the second part,
h 1 S heirs and assigns against all and every person or persons lnwf'ully claiming or to claim the whole
or any port thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said patty of the first part haS hereunto set her hand
and seal the day and year first above written.
I \
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_ ..... .. .......... ...........__ _. _....__...._... Patricia Williams Card ..._......
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19
STATE OF COLORADO,
ss.
County of P i t Ft i n
The foregoing instrument wm: acknowledged before me this
74 ,by Patricia Williams Card
\ly commission expires
My Comm?sslon Expires dune 8,1977
16th
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NO. 935. WARRANTY DEED.-For Fhoto¢nphlc Record.-nrndlord Fubli hin¢ Co., 182d-48 Stout Street, Denver, Colorado-8.7¢
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' Reception No........i.Y.~797 Peggy Miklich 4~OK ~U
..................................................... R e c o r d s r.
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Tff1S DEED, )\fadc this 16th day of April , 1974
betH•een Patricia Williams Card
~i~:: ':.:. ..'_':~ fEE
NNK 1 '7 1974
Dr the )'~. '~ i~.._Sv
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County of P1 1R and State of Colorado, of the first part, and
Dale Eubank, P.O. Box 3678, Aspen, Co. 81611
of the County of P i t k i n and State of
Colorado, of the second part:
WITNESSETH, That the said party of the first part, for and in consideration of the sum of Th lr t y-
four Thousand Five Hundred and no/100-----------------------DOLhARS
to the said party of the first part in hand paid by said party of the second part, the receipt w}tereof is
hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does
grant, bargain, sell, convey and confirm, unto the said party of the second pnrt,hlS heirs and assigns for-
ever, all the following described lots or parcel S of land, situate, lying and being in the
County of p 1 t k i n and State of Colorado, to wit:
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7~~'._
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SEE ATTACHED EXHIBIT "A" ATTACHED HERETO
AND INCORPORATED HEREIN,
TOGETIIF.R with all and singular the hereditamenta and appurtenances thereto 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 part y of the first part, either in law
or equity, of, in and to the above bargained premises, with the hereditsments and appurtenances.
TO IIAVF, AND TO HOLD the said premises above bargained and described with the appurtenances, unto the
said part Y of the second part,hl5 heirs and assigns forever. And the said party of the first part,
for her self her heirs, executors, and administrators, do eS covenant, grant, bargain, and agree to and
with the said party of the second part, h15 heirs and assigns, that at the time of the caseating and delivery
of these presents, S h@ 15 well seized oY the premises above conveyed, as of good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority
to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear
from all former and other grants, bargains, sales, liens, tuxes, assessments and encumbrances of whatever kind or
nature soever, except reservations as contained in United States Patent
recox•ded in Book 180 at page 454 and in Book 175 at page 246, pitki
County, Colorado, x•ecox•ds, and the lien for general taxes for the
year 1974.
and [he above bargained premises in the quiet and peaceable possession of the said party of the second part,
h 1 S heirs and assigns against all and every person or persons lawfully claiming or to claim the whole
or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEL'END.
IN WITNESS WHEREOF, the said party of the first part has hereunto sether hand
and seal the day and year first above written. ~~
~i i~ iJJ ~~\ .,, i a..(SEAL)
.....__....i_?._,
_....._ ..__......... _........ patricia W>_1liams Card ...._.....
._ ........................_._.......---_..................._....................... (SEAL)
__ __... ......._.___.. ........_. ....__.......... ~ EAL
STATE OF COLORADO, ~ ~;0~10~"••,
County of P i t k i n } ~,r ~' • ~ ,rte •`
1'he foregoing instrument was acknowledged before me this 16th day of ~~ A px' lih "i •. -,J
]9 74 ,by Patricia Williams Card :,.-' `-' 1~!,~ ••r
' :'
\ty connnission expires 19 .Witness my la.}trid•gf•,` ol"4ici~l S(YeaL a
My Comm?sslonExplres June 8,7977 .}, "- ~(]r~
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NO. 932. WARRANTY DRRD. For Photo¢nphie RecorJ.--Bradford Publivhia¢ Co., H24-46 Stout Strret. Denver, Coloredo-3-73
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A parcel of land being part of Lots R and S,
Dlock 33, 1;a>t Aspen Addition and part of Lots G and 7,
Dlock 5, Riverside Addition. Said parcel is more. fully
desoribed as follo~.as: Deginning at a point (being the
Northwest corner of said Lot R); thence 5.75°09'11"P.
104.00 feet clenq the A:ortherly line of said Lot R, S,
G and 7 to L-he center line of the Roaring Fork River;
thence S.8°15'57" E. 70.53 feet along the center line
of the Roaring Fork River; thence N.G3°49'08" W. '13.11
feet; thence N.75°69'11" W. 60.00 feet to the [+lesterly
line of said Lot R; thence N.14°50'49" E. 50.50 feet
along the l7esterly lino of said Lot R to the point of
beginning. Said parcel contains 6,267 square feet
more or less.
Together with non-e}:elusive easement for ingress
and egress over and across the easterly fourteen (14)
feet of Lot Q, Block 33, East Aspen Addition, City
of Aspen, to and from I{yman Avenue from and to the
alley located in said Block 33. Upkeep, maintenance
and snow removal shall be the joint and mutua].
responsibility of the parties hereto, their heirs,
executors, administrators and assigns. Such ease-
ment shall be accessible and open at all times.