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coa.lu.ec.521 McSkimming Rd. Lot Split.0024.2006
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 0024.2006.ASLU 2737 181 00 005 521 MCSKIMMING ROAD JASON LASSER/JENNIFER LOT SPLIT HAAS LAND PLANNING 4.20.07 DUE TO ABANDONMENT OF APPLICTION CLOSED BY ANGELA SCOREY ON: 5.20.10 f" April 2, 2010 Case # 0024.2006.ASLU 521 McSkimming According to land use code Section 26. 304.070 (F), Abandonment of application, an application is considered abandoned when the applicant has not taken action with the Community Development Department in furtherance of the application for a period of at least one year. Based upon the draft easement provided by the applicant on 12/4/2006 and the lack of evidence of an approved and recorded plat, the year time period is exceeded and the application is considered formally abandoned. Jennifer Ph Deputy Planning Director City of Aspen ,rw W RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: Herbert S. Klein, Esq. Klein, Cote & Edwards, LLC. 201 North Mill Street, Suite 203 Aspen, Colorado 81611 ACCESS ROAD USE, MAINTENANCE AND EASEMENT AGREEMENT THIS AGREEMENT, made and entered into in the yeaz of 2006 on the day set forth by each signature set forth below, is by and among the owners of the lots described on the signature pages set forth hereinafter (collectively, "McSkimming Lane Lots"). RECITALS WHEREAS, the McSkimming Lane Lots (except for Lot 6 as defined below) include the fee simple interest in the land underlying that certain private road and utility easement that is shown and described as " 30' Road and Utility Easement" (hereinafter referred to as "McSkimming Lane") on the plat map titled "Block 1 of Plat of the Aspen Grove Sub-Division," recorded on July 18, 1958, at Plat Book Ditch Book 2A, Page 246 Reception No. 106638 of the records of the Clerk and Recorder of Pitkin County, Colorado (the "Plat"), a true copy of which is attached hereto at Exhibit A, which is incorporated herein by this reference; and WHEREAS, some, but not all of the McSkimming Lane Lots have driveways which enter from McSkinuning Lane and they presently use or will in the future use McSkimming Lane for access, ingress and egress to their properties (collectively, the "McSkimming Lane Road Contributors") and are identified as Lots within Block 1, Aspen Grove Subdivision, Lot Nos. #8, #9, #10, #11, and #19. For purposes of this Agreement, that pazcel of land identified in Deed recorded on September 21, 2004, at Reception No. 502178 of the records of the Clerk and Recorder of Pitkin County, Colorado, shall also be among the McSkimming Lane Road Contributors and shall be referred to herein for convenience as "Lot 6"; and WHEREAS, the McSkimming Lane Lots which do not have driveways which enter from McSkimming Lane (collectively, the "McSkimming Lane Road Non-Contributors") and aze identified as Lots within Block 1, Aspen Grove Subdivision, Lot Nos. #7, #13, #14, #15, #16, #17, and #18; and WHEREAS, among the parties hereto, some of them have agreed to be responsible for maintenance of McSkimming Lane according to the terms set forth herein; and WHEREAS, the parties hereto desire to enter into this Agreement in order to memorialize their ~;c, Q 4 2C06 A ~1Ie/ agreement and understanding pertaining to the construction, access, use and maintenance of McSkimming Lane. NOW, THEREFORE, in consideration of the mutual covenants, conditions, obligations, and promises of the respective parties hereto, the receipt and sufficiency of said consideration being hereby acknowledged, the parties hereto agree as follows: 1. Initial Construction and Imnmvement of McSkimming Lane. The owners of the property described as Lots #lq #11, and #6 shall beaz the cost of and be responsible for the initial construction of McSkimming Lane. McSkimming Lane shall meet or exceed all requirements of the City of Aspen and the Aspen Fire Protection District. 2. Financial Obligations: Subsequent to its initial construction, the McSkimming Lane Road Contributors will be responsible for maintenance, repair and snow plowing of McSkimming Lane. Said costs shall be shared equally among the McSkimming Lane Road Contributors, with each obligated for one- sixth (1/6th) of said costs. Each party shall be obligated, at their sole expense for any repairs or maintenance that are necessitated due to damage to McSkimming Lane by such party or their guests, contractors, subcontractors, agents, licensees, and/or invitees, which repairs or maintenance shall be undertaken and completed in a prompt and workmanlike manner that restores McSkimming Lane and any disturbed areas to their condition prior to the damage. The Non-Contributors shall have no obligations for maintenance, repair or plowing of McSkimming Lane. Initially Lot #6 shall be responsible for arranging for the maintenance, repair and plowing of McSkimming Lane and shall have the right to incur reasonable vests and expenses on account thereof and as agent for the other McSkimming Road Contributors. Lot #6 may be replaced in this capacity by another person at any time, by majority consent of the McSkimming Road Contributors, given in writing. Each McSkinuning Road Contributor shall be obligated to pay Lot #6 or its successor, said Road Contributor's share of such expenses within thirty days of a billing therefore. Any party who is responsible for the expenses related to McSkimming Lane or is in default of any of its obligations hereunder and does not pay said costs or financial obligations within 45 days of receipt of a bill therefore, shall be liable for default interest at the rate of fifteen (15%) percent per annum of said costs, plus any attorney fees and costs incun•ed in any collection action by the party who paid said costs. 3. Grant of Easement. The owners of the McSkimming Lane Lots (other than Lot 6) hereby grant to Lot #6, and the owner of Lot #6, hereby accepts such grant for its' benefit, (and to its' successors and assigns, and to their respective guests, licensees, and/or invitees) the following Access Easement and Utility Easement. It is the intent of the parties hereto that the easements granted hereby shall 2 run with the land, and be a benefit and burden to (and be appurtenant to) the McSkimming Lane Lots to the extent of the grants set forth herein. This instrument shall be recorded in the records of Pitkin County, Colorado. a. A perpetual, non-exclusive, surface easement, over and across McSkimming Lane (the "Access Easement") for the purpose of providing access, ingress, and egress to and from Lot 6; b. A perpetual, non-exclusive easement, under the surface of McSkimming Lane, that may be used by any public utility for purposes of constructing, operating, maintaining and repairing those public utilities located under, or across said easement including future facilities as deemed necessary to provide said public utilities to Lot #6 (the "Utility Easement"). Lot #6 shall be subject to all of the same obligations and requirements as the other Lots as described in the any documents of record pertaining to McSkimming Lane, if any. 4.. Miscellaneous. a. Additional Documents: All parties agree to cooperate fully and to execute any and all supplementary documents and to take all additional actions which may be necessary or appropriate to give full force and effect to the basic terms and intent of this Agreement. b. Governing Law: The law applicable to this Agreement and its interpretation shall be that of the State of Colorado (regazdless of Colorado's choice of law provisions) and any litigation arising out of or concerning this Agreement shall be commenced and maintained in Pitkin County, Colorado, and the pazties hereby submit to the personal jurisdiction of Colorado in connection therewith. c. Modifications: This Agreement may not be modified or amended except by an instrument in writing duly executed by each of the parties hereto. d. Entire Agreement: This Agreement (together with the Exhibits hereto) contains the entire agreement among the parties and no other representation or promise has been made, or relied upon, by the parties or their representatives or agents. e. Counterpart Execution. This Agreement may be executed in any number of counterparts with the same effect as if all parties hereto have signed the same document. All counterparts shall be construed together and shall constitute one agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set forth by each signature on the following pages. SIGNATURES ON SUCCEEDING PAGES 3 .~, .~ 4 ~~ Lot 10, Block 1, Aspen Grove Subdivision Owner: Warren Birch, LLC By: Manager STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 2006, by , as Manager of Warren Birch LLC, a Colorado limited liability company. WITNESS my hand and seal. My commission expires: Notary Public 5 ~. Lot 11, Block 1, Aspen Grove Subdivision Owner: Warren Pine, LLC By: ,Manager STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 2006, by , as Manager of Warren Pine LLC, a Colorado limited liability company. WITNESS my hand and seal. My commission expires: Notary Public 6 Lot 14, Block 1, Aspen Grove Subdivision Owner: Warren Elm, LLC By: Manager STATE OF ) ss. COUNTY OF ) ~, The foregoing instrument was acknowledged before me this _ day of , 2006, by , as Manager of Warren Elm, LLC, a Colorado limited liability company. WITNESS my hand and seal. My commission expires: Notary Public 8 'w~ Lot 13, Block I, Aspen Cnove Subdivision Owner: Warren Cottonwood, LLC By: ,Manager STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 2006, by , as Manager of Warren Cottonwood, LLC, a Colorado limited liability company. WITNESS my hand and seal. My commission expires: Notary Public 7 r ~ .r Lot 7, Block 1, Aspen Grove Subdivision Owner: Lise B. Bodek STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2006, by Lise B. Bodek WITNESS my hand and seal. My commission expires: Notary Public 9 ~. Lot 8, Block 1, Aspen Grove Subdivision Owner: Erna E. Martino STATE OF ) ss. COUNTY OF ) ~, The foregoing instrument was acknowledged before me this day of , 2006, by Erna E. Martino. WITNESS my hand and seal. My commission expires: Notary Public 10 Lot 9, Block 1, Aspen Grove Subdivision Owner: Nancy B. Marsh Trust By: , Tuustee STATE OF ) ss. COUNTY OF ) The foregoing instnunent was acknowledged before me this _ day of , 2006, by ,Trustee of the Nancy B. Mazsh Trust. WITNESS my hand and seal. My commission expires: Notary Public 11 r~~ w Lot I5, Block 1, Aspen Grove Subdivision Owner: Jeff Salzman STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 2006, by Jeff Salzman. WITNESS my hand and seal. My commission expires: Notary Public 12 /""~ \! Lot 16, Block 1, Aspen Grove Subdivision Owner: Bruce A. Smith Gail Smith STATE OF ) ss. COUNTY OF ) w~ 'S The foregoing instrument was acknowledged before me this _ day of , 2006, by Bruce A. Smith and Gail Smith. WITNESS my hand and seal. My commission expires: Notary Public 13 r^~ a.> Lot 17, Block 1, Aspen Grove Subdivision Owner: Peter F. Kelly Trust By: Trustee STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day 2006, by , as Trustee of the Peter F. Kelly Trust. WITNESS my hand and seal. My commission expires: Notary Public 14 ~.. Lot 18, Block 1, Aspen Grove Subdivision Owner: John Robert Werning STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 2006, by John Robert Werning. WITNESS my hand and seal. My commission expires: Notary Public 15 ~: ~,...- Lot 19, Block 1, Aspen Grove Subdivision Owner: John W. Adams STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 2006, by John W. Adams. WITNESS my hand and seal. My commission expires: Notary Public 16 a.~ Lot 6 (that property referred to in deed recorded on September 21, 2004, at Reception No. 502178, of the records of the Pitkin County Clerk and Recorder. Owner: Warren Oak, LLC gy; Manager STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2006, by , as Manager of Warren Oak LLC, a Colorado limited liability company. WITNESS my hand and seal. My commission expires: Notary Public 17 MEMORANDUM To: Development Review Committee From: Alex Evonitz, Com. Dev. Engineer Date: May 31, 2006 Re: 521 McSkimming Drive Lot Split The Development Review Committee has reviewed the 521 McSkimming request for a Lot Split at their May 31, 2005 meeting and has compiled the following comments: Attendees; Alex Evonitz, Com. Dev. Eng.; Ben Gagnon, Planner Community Development; Tom Bracewell, ACSD; Ed VanWalraven, Aspen Fire; Mitch Haas, Planner; Briston Peterson, Applicant. Building Department - No Attendance; Fire Protection District-Ed VanWalraven; • Roadway width and turn around capability need to be addressed. • The minimum road width acceptable to the AF is 18-feet. Wider is better but that is the minimum to allow fire protection equipment to pass side by side if necessary. Engineering Department - No Attendance; Housing Office - No Attendance Zoning Officer - No Attendance Environmental Health - No attendance Planning -Ben Gagnon; • HO association may need to be formed as part of the process to determine methods of roadway maintenance etc. • The bigger picture issues about road maintenance, services etc. need to be part of the application process. This additional info will make the boards understanding of the total project clearer rather then just looking at the lot split. ~, Page 2 of 3 May 31, 2006 521 McSkimming Lot Split Parks -Brian Flynn, e-mail comments; The parks department will require separate landscape and tree protection reviews and separate tree permits of each new lot when the lots come forward for building permits. • The parks department asks that the new owners or developers of the newly formed lots be informed of the city desire to protect and save as many trees on each lot as practicable when planning any new development. Tree Protection: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. A formal plan indicatina the location of the tree protection will be reauired for the blda permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee (920-5120) before any construction activities are to commence Excavation: an excavation under the drip line permit will need to be approved along with the tree permit. Specific excavation techniques will be reauired for the excavation alona the back of the property Vertical excavation will be reauired and over diggina is prohibited in this zone This note must be represented on the buildina permit set. The applicant will need to contract with a tree service, and have them on call in order to address all roots greater than 2 inches in diameter. Root trenchina will be reauired around all trees with excavation next to and/or under the drip line. This can be accomplished by an experienced tree service company or trained member of the contractor's team. This is specific to the trees located on adjacent properties. An approved tree permit will be required before any demolition or significant property changes take place. Parks is requiring that the tree permit be approved prior to submission of the building permit, foundation and/or excavation permit. Please contact the City Forester at 920-5120. Mitiaation for removals will be paid cash in lieu or on site with street trees. Utility connections: these connections will need to be designed on the plan in a manner that does not encroach into the tree protection zones. • Planting in the Public Right of way will be subject to Landscaping in the ROW requirements. Improvements to the ROW should include ~~ ~.,~^e l Page 3 of 3 May 31, 2006 521 McSkimming Lot Split new grass, irrigation and the applicant shall work with the parks Department in order to design an appropriate trench box for the new tree plantings. Plans for the tree plantings should be completed and conceptually approved prior to building permit submittal. The Parks and Open Space program is interested in obtaining a trail easement along the Salvation Ditch. At this time, the actual location is unknown but is appropriate for future connections to adjacent open space properties. The Parks Department is requesting the opportunity coordinate and enter into an agreement with the applicant regarding the possible easement size and location. Water/Electric - No Attendance Community Development Engineer -Alex Evonitz; 18 -feet are narrower then would be preferred. 24-feet is the current City of Aspen minimum width for local residential streets. Application of this standard should be considered. These are private roads so best judgment needs to be taken into consideration. Easement widths as they are shown seem quite narrow and consideration to widen those might be a positive change to the old section and access the new lots being developed. This could better serve the need for utility separation within the easement. Parking - No Attendance; Aspen Consolidated Waste District-Tom Bracewell; The property being developed as part of this lot split may necessitate ejector pumps for those properties. The grading in the proposal needs further accuracy to determined for sure. • Aline extension agreement needs to be proposed and approved by the District. 4.! MEMORANDUM TO: Plans were routed to those departments checked-off below: X ...........City Engineer X ..... .... Community Development Engineer 0...... ... Police Department O ....... .... Zoning Officer O ....... .... Housing Director X ...... ..... Parks Department X ...... ..... Aspen Fire Marshal X ...... ..... City Water X ........... Aspen Consolidated Sanitation District O ........... Building Department O ........... Environmental Health O ........ ... Electric Department O ........ ... Holy Cross Electric O ........ ... City Attorney X......... .. Streets Department O ........ ... Historic Preservation Officer 0...... ...City Parking Manager O ........ ... Pitkin County Planning FROM: Ben Gagnon, Special Projects Planner Community Development Department 130 S. Galena St.; Aspen, CO 81611 Phone-429.2755 Fax-920.5439 RE: McSkimming Lot Split ParcelID #273718100005 DATE: May 31, 2005 COMMENTS: Please review the attached application for a Lot Split and Subdivision Exemption. The property in question is approximately 4.8 acres, and is located near the end of McSkimming Road, just below U.S. Forest Service lands. The lot split would create Lot 1, a vacant lot at 104,423 square feet, to be developed according to underlying R-15B Zone District standards; and Lot 2, with an existing residence, at 104,580 square feet. A DRC Meeting will be held on Wednesday, May 31, 2006, in the City Council Chambers, Basement of City Hall. Please have your comments ready. If you have questions please let me know. DRC Meeting: May 31, 2006 Thank You, Ben Gagnon .~, U Aspen Consolidated Sanitation District Paul Smi[h * Chairman Michael Kelly * Vice- Chair John Keleher * Sec/1'reas Frank Loushin Roy Holloway Bruce Matherly, Mgr June 9, 2006 Ben Gagnon Community Development 130 S. Galena Aspen, CO 81611 Re: McSkimming Lot Split Dear Ben: We have reviewed the application for the McSkimming Lot Split and our comments on the application are attached. Please call if you have any questions. Sincerely, Bruce Matherly District Manager attachment ~EDE~'~ED JUN Y 2 2006 BUILDI G DE gRTMENT 565 N. Mill St., Aspen, CO 81611 / (970)925-3601 /FAX (970)925-2537 ,.-. Exhibit A ACSD Requirements-Mcskimming Lot Split Redevelopment Service is contingent upon compliance with the District's rules, regulations, and specifications, which aze on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) aze not connected to the sanitary sewer system. On-site utility plans require approval by ACSD. Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shazed service line agreements may be required where more than one unit is served by a single service line. Permanent improvements aze prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hazd landscaping may impact public ROW or easements to be dedicated to the district. All ACSD fees must be paid prior to the issuance of a building permit. Peg in our office can develop an estimate for this project once detailed plans have been made available to the district. Where additional development would produce flows that would exceed the planned reserve capacity of the existing system (collection system and or treatment system) an additional proportionate fee will be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional proportionate fees would be collected over time from all development in the azea of concern in order to fund the improvements needed. Where additional development would produce flows that would overwhelm the planned capacity of the existing collection system and or treatment facility, the development will be assessed fees to cover the costs of replacing the entire portion of the system that would be overwhelmed. The District would fund the costs of constmcting reserve capacity in the azea of concem (only for the material cost difference for lazger line). Where main sanitary sewer lines aze required to serve this new development or the existing publicly owned sewer system requires modification or adjustment, a line extension request and collection system agreement aze required. Both aze ACSD Boazd of Director's action items. The district's engineer is responsible for designing and the district will administer the main line sanitary sewer. The applicant will be required to deposit funds with the district for main line constmction costs, engineering fees, wnstmction observation fees, fees to clean and televise the new main sewer line extension into the project. .-•, ~, ..~ The Applicant will have to pay 40% of the estimated tap fees for the anticipated building stubouts prior to building permit. The glycol heating and snow melt system must be designed to prohibit and dischazge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. Soil Nails are not allowed in the public ROW above ASCD main sewer lines. DRC May 23, 2006 City Parks Department Requirements Property: McSkimming Lot Split 1. The parks department will require separate landscape and tree protection reviews and separate tree permits of each new lot when the lots come forward for building permits. 2. The parks department asks that the new owners or developers of the newly fonned lots be informed of the city desire to protect and save as many trees on each lot when planning any new development. 3. Tree Protection: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. A formal plan indicating the location of the tree protection will be required for the bldg Hermit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee (920-5120) before any construction activities are to commence 4. Excavation: an excavation under the drip line permit will need to be approved along with the tree permit. Specific excavation techniques will be required for the excavation along the back of the propertv. Vertical excavation will be required and over digging is nrohibited in this zone. This note must be renresented on the building_permit set. The applicant will need to contract with a tree service, and have them on call in order to address all roots greater than 2 inches in diameter. Root trenching will be required around all trees with excavation next to and/or under the driu line. This can be accomplished by an experienced tree service company or trained member of the contractor's team. This is specific to the trees located on adjacent properties. 6. An approved tree permit will be required before any demolition or significant property changes take place. Parks is requiring that the tree permit be approved prior to submission of the building permit, foundation and/or excavation permit. Please contact the City Forester at 920-5120. Mitigation for removals will be paid cash in lieu or on site with street trees. Utility connections: these connections will need to be designed on the plan in a manner that does not encroach into the tree protection zones. -.-, Planting in the Public Right of way will be subject to Landscaping in the ROW requirements. Improvements to the ROW should include new grass, imgation and the applicant shall work with the parks Department in order to design an appropriate trench box for the new tree plantings. Plans for the tree plantings should be completed and conceptually approved prior to building permit submittal. 9. The Parks and Open Space program is interested in obtaining a trail easement along the back of lots 1 and possibly 2. At this time the actual location is unknow but is appropriate for future connections to adjacent open space properties. The Parks Department is requesting the opportunity to meet with the applicant and discuss the possible easement size and location. m THE CITY OF ASPEN Land Use Application Determination Of Completeness Date: 5/5/06 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number, name, and property identification number assigned to this property is 521 McSkimming Rd Lot Split /Case # 0024 2006.ASLU / 273718100005. The planner assigned to this case is Ben Gagnon. ^ 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: 1. 2. 3. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. / Your Laud Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact Ben Gagnon at 920-429-2755 if you have any questions. Thank You, Joyce Allgaier, Deputy Director City of Aspen, Community Development Department C:\Documents and Settings\beng\Local Settings\Temporary Internet Files\OLKl3\determination of completeness letter.doc TFIE CITY OF ASPEN ~~ a Mai-~~r~ ~ l~ awe : 4o y~- .3s/ - ~7 2 _e~~: ~~--gg~-~~9% ~c~k wiwi ~ ~. ~~, R d ~ ~~ is l,~- ~ ~+s i o ~ ~ t a+~ wc~- ~~ a~ *~o q e~- Gwt .~. a~~,wt-eu.~- c2o es lam! J o ~-l~(il -b ~-pp vova,( -~vu- ~-f~~ ~h owt~ a~w vt e+~ -f-~ q 2k ~~ .~a-s~e~rm ~u~' ~ ~e+~ ~ v~ ,~ ~-P~v~va,l ~ veUl ec~ ~t-da~ ~ts~.e~ts ? ~ e.Q.Sew~ ~s a L ~ ..eK~s+s ~-has. -(~.~ .wi~t ~ ~ 1~s , ~~s wove ova. ~_ ~~`~`~es a.~an~; ~av~-s I~,',,,, ~6~A~'JV1il.G ~ Gl.1~l S`~ ( "' J ' Q- ~~Y~CG7l~~% 3~ SOUTH GALE\A STREET .45f EN~COLORADO B1611-II~S p~'•~`~` 521 MC6KIMMING ~ors~~rr ~ GRvwr~f M~INfIC~'fM~Nr ~ nor s~~rr ~~LICArlON ~. .~ w .~ Su8MI7Tf`D 8Y ~f~tS L~IN~ ~[.~NNrNG, LCC 201 NORrff MILL ST`R£f7, SUITE 108 AS~fIV, COLORADO 81611 ~hone~ (9 70) 92 5 - 7819 ~a'u. (970) 925-7395 ~mad~t rr~~ao~sG~sapruj. net MAY, 2006 arm !/ AN APPLICATION FOR ' GROWTH MANAGEMENT AND LOT SPLIT APPROVALS FOR ' 521 McSKIMMING ROAD Submitted by: Warren Oak, LLC 595 South Broadway, Suite 200 Denver, CO 80209 (303)733-2455 Prepared by: HAAS LAND PLANNING, LLC Planning Consultant 201 North Mill Street, Suite 108 Aspen, CO 81611 ., Phone: (970) 925-7819 ,, Fax: (970) 925-7395 Email: mhaasQsopris.net ,•-~, .~ 521 McSKIMMING LOT SPLIT APPLICATION ---TABLE OF CONTENTS --- PAGE '" I. INTRODUCTION ..........................................................................1 II. EXISTING CONDITIONS ...............................................................2 ty p ............................................................... • Vicini Ma ••••••••2 " III. PROPOSED DEVELOPMENT .........................................................4 IV. REVIEW REQUIREMENTS ..............................................................5 A. Lot Split ..................................................................................5 B. Growth Management Allotments ...................................................7 ..i EXHIBITS .. Exhibit 1: Pre-Application Conference Summary Exhibit 2: Land Use Application & Dimensional Requirements Forms Exhibit 3: Proof of Ownership Exhibit 4: Authorization for P.epresenlalive Exhibit 5: List of Property Owncrs within 300 Fcct of the Subject Property - lixhibit 6: Executed Application Fee Agreement r~ I. INTRQDUCTION This application requests lot split and associated growth management approvals ' for the property located at 521 McSkimming Road ("subject property"). The subject property is a pair of metes and bounds parcels located adjacent to the Aspen Grove Subdivision (legal descriptions provided in the attached exhibits). While the subject property is described as two separate metes and bounds parcels (Parcel 1 and Parcel 2) the City of Aspen determined that, based on applicable Pitkin County regulations, they merged at the time they were annexed, in 1987. As a result, the City of Aspen considers the two parcels to presently constitute a single parcel for development purposes, their separate legal descriptions notwithstanding. The subject property is zoned R-15B and has a Lot Area of 209,002 square feet (approximately 4.8 acres). A Pre-Application Conference was held with James Lindt, Senior Planner for the City of Aspen, on Mazch 23, 2006 and the summary is attached hereto as Exhibit 1. The City's Land Use Application and Dimensional Requirements Forms aze attached hereto as ~* Exhibits 2. This application is submitted pursuant to Sections 26.304, 26.470.040(B)(1), 26.480.030(A)(2), and 26.710.070 of the Aspen Land Use Code (the "Code") by Warren Oak, LLC (owner and hereinafter "applicant", see proof of ownership, Exhibit 3). Permission for Haas Land Planning, LLC, to represent the applicant is attached as Exhibit 4. A list of property owners located within three-hundred feet of the property and an executed application fee agreement are attached as Exhibits 5 and 6, respectively. The application is divided into four sections: Section I provides a brief introduction; Section II describes the project site and neighborhood; Section III of the application. explains the proposal; and, Section IV addresses the proposal's compliance with .the applicable review criteria of the Code. For the reviewer's convenience, all pertinent supporting documents aze provided in the various exhibits to the application. While the applicant has attempted to address all relevant provisions of the Code and provide sufficient information to enable a thorough evaluation of the application, ~, questions may arise which require fiirther information and/or clarification. LTpon request, the applicant will provide such additional information as maybe required. 521 McSkimming Lot Split Yage 1 n "1 .J II. EXISTING CQNDTTIQNS The subject property is a pair of merged metes and bounds pazcels adjacent to the Aspen Grove Subdivision. The subject property, lrnown as Parcels 1 and 2, were legally sepazated lots prior to annexation of the pazcels in 1987. The subject property was annexed to the City of Aspen along with the neighboring Aspen Grove, Eastwood and Knollwood Subdivisions on July 13, 1987 pursuant to Ordinance No. 26, Series of 1987. The annexed azea was zoned R-15B, Moderate-Density Residential, pursuant to Ordinance No. 28, also adopted on July 13, 1987. A single family dwelling unit is located entirely within Pazcel 2. Parcel 1 is vacant. The existing residence is accessed from a driveway that connects with McSkimming Road. The address of the existing house is 521 McSkimming Road, and the approximate location of the property is shown on the vicinity map below. The R-15B zoning allows detached residential dwelling units as a permitted use. The neighborhood consists almost entirely of single-family residential dwelling units, although there remain several vacant lots in the immediate azea. There is an eclectic 521 McSkimming Lot Split Page 2 Vicinity Map - 521 McSkimming Road R ~ 1 TY\~(y \ / J~ r t \ P~ ~ ~' i ~' l~ ~' ri' /~/" ~"._ ' 9 ~ ~~ pa's ,_~~ ~„+ ¢ ~ f3 f f i r~ r ~~ ~r M1 ~ r; ~, f~ ' ~ 5 ,,.s rte' K lN,~ . i 7' ~ ~= R. t '' ) "y ~ , t ~s> i ~a~ s1e ~q e y 0..m ~ ~ a ~o U K ~£ O V Cy ~ Cz, F Q l O ~ ~~ q~U] ~$ ~~ z ~~ ~~z m - .~~ - z w ~ ~h ~ ~ ti N e~ .„„x O ti aU xw°" o s w~ ~a~ o~ zx~ ~~ F ~ 0. ~~z ~ t o ~ § l ~'"a 0. m h go x , ~ x w ~ zo g ~ a o ~ U ,~ n N 6 Q~~Y ~dl`m~ `0e a ~'! ~ $~$e$ ~ ~ g ~ ~ m ~ ~ yiq~YY o ~$ a c~i F rc a^o~~ y ~ e=~,0~ ~3~iF ~ .x~x~< a '' n aa i ati~e~ ~ ~oZ Z m 0 ~ 0 ~~g" yZY~O a ~atim3 a ~ 4 4 .. `~ C ~'N~~% 2 ° ~ `~ ~~ $9 \\\ p$ ad e u ~ y a ~ c ~ ~a ~gY~ 4 a ~ Y t ~ § t gayy~ ~~ ~ s` .a, •~ eY 4 § r §yxR~yi {gg 0 ! 2 0 50 p 2 p$ $vv ~o3Cy g ~ 5 j ZF Y~ ~~~~~ Y ~Y 0 p myc:3 ; y ~x wy qy xeg 7 ~Z O3Z >c ' `2"~Z4~ ~~~ Yem $g s~W4AF a~e~i al4 oYa ~ e~FOY R 2°3 4 y 2~ xFi$ ~ ~~~~ ~l ZEh w R~ !,, ! ~,~ '¢~g x°^ tie h ~Q F ~ yk y ~ y~uR ~C y ~be Z4 y n m egg giFF ~s$i ~d s\ $o ~ ~y~ ~Y~~~x~~ a~eeY rc <~ r2~~~ 4y.."~~~y~'Q pp 4 ~dY~t ~-ti^56 ~ a C. ~C ~~~~.~~=v a a~ sg ~~o~~~Y- v ey a,.ggFa~ 0 ~$'~ ~$~rs~S ~"~. d "yy~i3i..iy°~~ M\ V 2~eFOY~` 9Z s~d~~~~R F xpppRm~ Y N +S ~~ \F 3~ o~.gd~<~~ pp ~.FaS C~ ~4bue ~°~ I n~ ~a R°x ~e3e~a x~ :~,., ,Y xos }fqey 4 ~'n °~ ~2adCe44~ X08 Z~ ~' ~{~yg92~~x~~+ >~R s~sd sy 40h0\N`~~ ~~~ >e5~~ ~~-. ~;9983l959 '~Nbj 9 -- ~I" - a U W -I ~ R. O U 0 a ~~~Q a~ qw~o O aF~O U ~ ~'zxw .., qFo ~ ~o~ ~ ~ ~O ti ~ F o~~v~ ~ a; o~ ~w _ L ~~ ~ ~ ~ F __ _ ai xouoa ___ ''O ' ~m~. `" 4, a o~ ~Cw7C~, ~, A U U] ~!. O F O a 6 a' o Q WU F es ~~ L~ ,-~~~0 i--1 ~ U qq~ z~ z o ~g gx ~ °a ~ s ~ ga 2 ~-. ~ p ~~ w .-.zo W _"m~~" -' ° o ~ ' ~ ~ O U O `" ~ ~ r , v O ~ C7 ~n r W W ~'~ ~aa a as ~.; H ~ a~ a€ ~ a ~$ S 5 :`m s:8 z : is ~~~ ' ~.Y~ ,~ ear ~ eQ~y °~ y4~ ~~ L'~~a~ S4~ ~a §~ ~~~ by ~dh~ ti K~ o ~~ Y Z B\~ ~tl0 ~~ ~ y g$ ¢~g $~ ~`\r 3s s ~p~ 33~t~ ~; $hg~ aY dyio •~, m3ao ~ ~ ~s Fo ~'E ~~ g @ p $ i g: $ $ ~ ~ 09 3 a ~ E E ~. ~ ~~ y y p y `: g 8 g 8 i Q @ ~ ~ ~ ~ ~~ g ~ ~ E ~ e y 4 a . S : ~ < y g & g E g 4 c V > m' ~ y ' ~ ~ ~ i of 9~'3 ~ 5~7 ~ , w a ~$ a~ !~~ ai •.~y/ range of house sizes and styles, including those built when the subdivision was created in the 1950s and projects completed within the last year or so. Allowable floor area (FAR) in R-15B is approximately thirty (30) percent less than that allowed in the R-15 zone district. The smaller FAR limits of the R-15B zone district were established as a trade-off instead of requiring Lot Area reductions for steep slopes in the R-15B zone (per Section 26.575.020(C) if the Code). Pursuant to Section 26.710.070 of the Code, Accessory Dwelling Units (ADU) are not permitted in the R-15B zone district; thus, cash-in-lieu is typically provided for Growth Management mitigation. Development in the R-15B zone district is not subject to 8040 Greenline Review or the Residential Design Standards, pursuant to Section 26.435.030(A) of the Code and - 26.410.010(B) of the Code, respectively. The subject site is located to the north of the Aspen Grove Subdivision. The existing house on Parcel 2 is accessed from a horseshoe turn on the upper portion of McSkimming Road. Parcel 1 does not have street frontage on McSkimming Road but can be accessed off of "Skimming Lane," a private road branching off of McSkimming Road. Currently, two houses have access off of Skimming Lane and road easements are included on all lots abutting the "lane." The "lane" itself is currently developed to Lot 9 of Aspen Grove Subdivision and will be extended to provide access to the lot created by this lot split. The property's topography is sloped and is consistent with the topography of the lots in the Aspen Grove, Knollwood and Eastwood Subdivisions. No slope-related lot - area or density reductions arc applicable due to the conditions of annexation and built in reduction in toor area in the R-15B zone district. 521 McSkimming Lot Split ~ Page 3 ,~~, III, PROPOSED DEVELOPMENT This application seeks to split the merged parcels of the subject property pursuant to the Lot Split Subdivision Exemption provisions of the Code. Ensuing development would occur in accordance with the R-15B zoning and Section 26.470.040(B)(1), Administrative Growth Management Review, provisions of the Code. In accordance with the R-15B zoning, the applicant will split the 209,002 square foot property into two lots, where: Proposed Lot 1 has an area of approximately 104,423 squaze feet (approximately 2.4 acres) for development of a detached single-family residence using the allowable floor area for the underlying zoning; and, Proposed Lot 2 has an area of approximately 104,580 squaze feet (approximately 2.4 acres) and will contain the existing single family residence. Proposed Lot 1 consists of the northwest portion of the subject property. Proposed Lot 2 consists of the northeast portion of the property and contains the existing residence. The lot split will not result in creation of any non-conformity. Both proposed pazcels exceed the minimum lot width requirement and are significantly lazger (nearly seven times) than the minimum lot size of 15,000 square feet. As is the case in all residential zone districts, lazger lots get proportionately less floor area than do smaller lots in the same zone district. For example, an R-15B zoned lot with an azea of 50,000 square feet is allowed 4,580 square feet of floor azea; by contrast, proposed Lot 1 has an azea of 104,423 squaze feet (6.96 times the azea of a 15,000 square foot lot) and is allowed 5,124 squaze feet of floor azea. Therefore, while the lot area increases by 89,424 squazc fcct (2.05 acres), the allowablc floor arca increases by only 544 square feet. Vehiculaz access for Lot 1 will come from Skimming Lane. Access for Lot 2 will remain in its current location. Development on both lots will comply with floor area, setback and height requirements of the R-15B zoning. ADU aze not a permitted use in the R-ISB zone district; therefore, the applicant will be required to pay cash-in-lieu for any residcntial dcvclopmcnt on Lot 1, Should the house on Lot 2 be demolished and re- built with additional floor area, cash-in-lieu of an ADU will be required. As mentioned in the Existing Conditions section, above, development in the R-15B zone district is not subject to Residential Design Standazds, Lot Area reduction for slopes, or 8040 Greenline Review. 521 McSkimming Lot Split Page 4 f r r s o a n ~ = ._ ~~x ~ $ b ~~' e 3w•g $~,Nq c S ~ p $ Ym ~ e ~ q Y :x m ~?F$z = ~ a ~ ~ s .x ~~~~ R E s . . n ~, ~„~ E ~~ m #'-~~ P °w4n a' ~~ ~ ~tl'a~8 ~a ~ o~ $ s x ~ e a w~ - ~e ~w s ~ ;s SSayE Yz a ~ $Y ~ ~ `~'~ x~wxa §° a 4 ~ ~ S ~W_ ~6tlWw 8 {{ 3x } ~ ~ ~q ;y g ~ F ~ h U g~~.~.a ~ ~ z p 2 v~ 8 a ~ t ~ L e ¢ $ ss ~~ Y o ay ~ - $ ~ G z $$ ~ o ~ ~: 5 3 x s g g gY i g E ~ x zg ~.. ~~,~$ ~s ' s 8 xo xx ~$ Y p` ~ , . .. ¢ F ~ ~ ~ 3 $ ~~ 3Q j 5 ~ ~ % ~ Y ~ „ 4 a8yga € ~ g n g~ x, Yx gY g a 3 ~ Y iy 8 ~ 5 ~ ~9Y 5 yy 5 ~ v S o o x ..~m 25 ~ .- s v J O O QJ J a'^ Z v O a z w X w z o o ~ mY ~C~ C P Y L a~ i gl e P s~ a e ~~- ~ °a 0 z a 6x °_ 5 E 3 _ ° a I H !~ $ s 3 as ~ ~€ ~E g E C 3 1 ~ z e~ ~ i ~ I ~ ~ i ~ 3 „ ~ 9999 y p £ i A 6 ~' ~ ~ . ~ g i ` ~ s $ ~ ~ $~ k E #~ s •E 3 .~ •~ g : i S ry S LW ~ y Yx°.~ ~`o `~~~.% -~\ n zma4 €^ax<~€gb og ~.°g ~"g?~o: 4 L a [ €€ yk3. ~~?g€ ~$' E~~oC d2ga?4~g~ I a x aas'$x 7o~,a~osw~ xoosg~.xs ~ s ~ x ~~a a ~ ~~'a ~~ ~~ #3zg ~~ Y g ~~ ~yg &~~~a ~~ X 3 Y ^~(~ ~ 3 a ~3gm~ ~~~Rg~~€ ~x~~ a ac ~~ a x ~ nx4-° a ~s~~fr~. ~_~W~ ~~~x:,&~~e v r __ .59662 n '~ v$ I _ - - _ _ _ I 7 _ 'Y .00 9S.Bp S p ~~ I ~_--_ -- ~` Iw ~ --_ t/ ~ ~ 1 I ^ \ I ~ I \ ~ / I ~ I I ~ I I ~~ :: I I ~R ~~ ~ I BosB ~ - _~ ' ' ~ ~ I \ ~ I ~~ ~~ I ~ b I ~ ~ §~ W j ~ i Fm~ ~~ I ~~~ ~ ~a ~ ~ ~ e a$ ~ ~ / ~ ~ _^ ~ =8 ~ o~ Y ~ S I ~ c ) Y z E fix§qg5 ~`Y ~£~x5 •f ~g~~ N z~~5 r ~ ~ ~ ~ R \ 8 ~ ~~ __ ~ g ~ ~\ o" >r a~ ~ ~ ~ I ~ ~ ~ / s ors~'oo" s F8 I an ~ s33 ~^ ~; I g88 pg y' I oa'a 0 I __ ~~ o' I ~zz \y ' I 1 I I ! ;~ I ~I o° ~ I A I 0' I I I I I I I I I I 1 ~ ~ ~ ~ ~ ~ / ~ _ / ya ~o /~ -_ __._ -_-__ _ / ~~ 6 - _ _ _ _ _ .6f'96l _ __ / ~ w ~ ~. ~o / hb / sy ~ ° `~ % : 5 d / N /9 /~ / / / ~a m V I s ~€ a P ~' wF Y / ~ ~§ / 3^ ~3 I / ~ // e / 00 // ()~ \~ // / / _ / .!~,B ~ / / ~//p~ ' i S~ . ~/ i /~s ~ . w / / ~ , 9~y~' 1= , . °n I ~ ~ ~ / I ~ i/ I ~ 5~~~ I @ / / 1~ a~ // //5 uQ~~• I ~ / I M / / /~ ~~ L _ _ _ _ _ _ _ _ ~ _ _ _ _ _ _ / ~j / ' . \ \ \ \ ~+ ~\ V ~ \ ~ L ~~ ~~~ ~ ", ~ '~ UJ ~~ v F,A V~~ ~ \ a ~\ _ _. _ aamrvrroe n~ e. 8 /~ n ~I z 0 a fl z ¢ 5g Ix f~ ~S 'YA ~°. E6 ~~ ;e .~ ^ .`~ i ~ n H N Z Q m ZQ '_~ o W J N~ m c W~ w O o m (n w O o n ? Z a ~ _ o (~ O y w°~ Z V Q a 0 W J ~ o o~ v>> "m R U N v 5~s k3 ~pl ..6 al~ d` ~t~ ~~w e s ~ Y G '~ 4 5~~ i 3 in ~ a ~ ~ `' ~ ~~: '~~qg i ~ ~5 1~ "y3 ~Y • p Y 3. ~ ~ s; > E a 4 y ~'Y ~ _ ye e I h 4 G sx is ~~ ~ ) ~ -~~ ~ i §f ~~u ~ 4C f ° y g '~'a u r~ ~ 7 a 'saar° g~Y d ~~~ t ~~•: c0 lei W ~z S ~p~ F. ~ a axe LL ~~. O sad 2 cn O ' `~ W p °~~ V ~ n~~ .k N O s J fi; W O -fig Z U 3~ Q W ~ ~ ~ O '~ I% = 1H~ ~ ~~5y~ i r ~ ~^n O ~ V/ Q ~ r d N o a " = w ~ lL w Z O = O~~ F ~o wU U Q Z aW as ~O _ } U_ F =U W 2 Z a W F- Q /~ VJ ~,d IV. REVIEW REQUIREMENTS ~. This application requests concurrent approval for a lot split and GMQS exemptions. Review of requests for lot split approvals aze done in accordance with Section 26.480.030(A)(2). The GMQS Exemption requests aze made pursuant to Section ' 26.470.040(B)(1). This section of the application addresses the proposal's compliance with the applicable review criteria of the Code, and is organized by applicable review standards, with each set of standards (i.e., lot split, and GMQS exemptions) provided as a sub- section hereto. Under each sub-section, every individual review criterion is presented in indented and italicized print and followed by a response demonstrating compliance with and/or satisfaction of the given standazd. A. Lot Split The Code provides that the split of a lot for the purpose of the development of one additional detached single-family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, is exempt from full subdivision review provided all of the following conditions are met. a. The land is not located in a subdivision approved by either the Pitktn County Board of County Commissioners or the city council, or the land is described as a metes and bounds parcel ivkich has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969; and The subject property consists of separately described metes and bounds parcels that merged upon annexation in 1987. They are adjacent to but not within the Aspen Grove Subdivision, and the subject property has never been subdivided. Therefore, this criterion is met. _ b. No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 2ti.100.050(A)(2)(e) (this citation is incorrect and should instead refer to Section 26.470.040(B)(1)]. As explained above, the proposal involves the creation of two lots from the one that currently exists. The resulting lots will have areas of 104,423 and 104,580 squaze 521 McSkimming Lot Split Page 5 P-e feet, respectively, thereby conforming to the dimensional requirements of the R-15B zone district. The minimum lot size in the R-15B zone district is 15,000 square feet. Development on the resulting lots will mitigate for affordable housing pursuant to Section 26.470.040(B)(1); anote to this effect will be placed in the Subdivision Exemption Agreement (S.E.A.) and on the Plat. c. The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this chapter or a "lot split" exemption pursuant to Section 2(%470.040(C)(I)(a) [this citation is no longer correct and should actually refer to Section 26.470.040(A)(4)]. The subdivision exemptions provided for in Chapter 26.480 of the Code are: 1) Lot Line Adjustments; 2) .Lot Splits; 3) Approved Subdivisions; and, 4) Historic Landmark Lot Splits. The subject property has never been the subject of a subdivision exemption under the provisions of this (26.480) chapter or a lot split exemption. d. A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title, is submitted and recorded in the office of the Pitkin County clerk and recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.100. A Plat will be reviewed by the Community Development and Engineering Departments for approval and recordation within 180 days of final land use approval. The Plat will include notes explaining that further subdivision is prohibited unless ~ applicable approvals arc obtained, and that any and all additional development must ry comply with the applicable provisions of the Code. It will also contain a note describing '~" and referring to the approval documents (i.c., ordinances, resolutions, and S.E.A.) ~ pursuant to which the Plat was prepazed. ~ ., e. Recordation. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County clerk and recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the .. City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing ofgood cause. ~ The language of this criterion is understood and the applicant will comply. 521 McSkimming Lot Split r .. e Page 6 ~ ^ .., f. In the case where an existing single family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. The subject property contains asingle-family dwelling unit that shall comply with the dimensional requirements of the underlying zoning following approval of the lot split ., and subdivision plat. Setbacks and other dimensional requirements will continue to be satisfied and no demolition need occur. g. Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single family home. The proposed lot split will create a 104,423 square foot lot and a 104,580 square foot lot. Under the provisions of R-15B zoning, detached residential dwelling units are ' the only permitted use other than home occupations and accessory buildings and uses. Since development of ADU or Carriage Houses is not pemutted, the payment of cash-ip- ' lieu is required subject to receipt of all required approvals. Therefore, the maximum potential buildout for the two parcels created by the lot split will not and cannot exceed two units --- one detached single-family residence on each lot. B. Growth Management Allotments As a pre-1977 lot and pursuant to Section 26.470.040 of the Code, the existing property maintains one GMQS exempt development right, wluch may be expressed as a detached single-family residence; this development right is maintained through the lot split process. Further, Section 26.470.040(B)(1) of the Code provides that, "the new a development of a single family...dwelling...on alot created by a lot split, pursuant to Section 2ti.480.060(C), shall be approved [for Administrative Growth Management allotment] if all the following standards are met." These two provisions of the Code provide each resulting lot with one development right. Accordingly, the administrative growth management allotment necessary to enable development of a detached single-family residence on Lot 1 in the R-15B zone '~ district will require the payment of cash-in-lieu of such development. The same ` requirement will apply to re-development of a detached residence on Lot 2, should a new -- residence exceed the floor area of the existing residence. 521 McSkimming Lot Split Page 7 :..~ EXHIBITS Exhibit 1: Pre-Application Conference Summary Exhibit 2: Land Use Application & Dimensional Requirements Forms Exhibit 3: Proof of Ownership y Exhibit 4: Authorization for Representative Exhibit 5: List of Property Owners within 300 Feet of the Subject Property Exhibit 6: Executed Application Fee Agreement .~~ ~, C17`Y Qi" ASPIrN PRI`-ARPLI~1#,R'i{?ld GCI~IFERENGE SLt11ANTAI~Y FLAJ*1NER; Jamos Lindt, 429-27G3 DATE. 3!;'3106 PRpJEG1`: 521 Mc5lammutg Lest Split. REiFRIiSENTATIS~Er Haas Laticl Plxtsning, LLe t7VV'NFd~: Warren t3ak LLG 'T'YPE (Jk' A£'FI iCATTON: Subdivision FiYemptian iar a Lot Split, Administra#ve'Qrowth ManxgementAeviewfiox Lot Split. DESCRlI'PION~ The Applicant wishes to split the 5 acre parcel at 521 R~ICSkirrussing Road into two (2) parcels for the construction of a new single-family zc~sie nn thepropOSed vaoarit paircel. Lantl Ur$ CodB Set:tion(s) 26.3t1+t Cominah CDavelgpment Rdairiew Procedures. 28.470:U7©(i3){9.) Growth Nlanagemertt Review: Detached Singie~Famtly or Rupiex DHrelling UnltsLot Spllt 28,48d.03D(A)(3} Subdivision Exemption-Lot Split Staff for Completeness, DItG far technical information, City Counoil foF Final Decision: 'f'es, at Citlr Council 2nd Reading of the Ordinance; Fire, ~T+fater, Sanitation, HngiT~ering, Patks. Piantaing Deposif ($ 1,350) ees: I'3ngine+n'ing Minat• ($I96), FhrksMinot ($196) 0,'742 (deposit covers 6 hours of Staff time, addttionaI hours are billed at a rate of $2251hour) l4. Aplmlicaca}+ioas shall bC provided is piper fomrat (number ot'oupres notes gUgve) as wau as we uexz; owy an eiuigr ui roc following digital formats. Compact Disk (CD)-p~G(ez red, Zap I?i>ilc or Fleppy Disk. Mt&rosaa ~/ozd fa4rnaYaprefezred Text fonnat easitY convertible to Woad is acceptable.. City: The `spnmtary is based oa ctarreritzoriiag, wltiplM td • may not be accuzafe. The suziitnary does noT`czoata a`t/<gal mailing iabr;ls fist a small fee. 920.5453 I2, G¢piesofpfiotYappxovals.. 13. 20 Capirn aF lha uamplute xppcxtiun pxnket atsd tnHps. FIPC =12; I'~ =14; (~ = 7; Ret'crral Agencies =Ilea.; Planning Staff = 2 `~~ APPt;tCnA71`,: tANl3 USE APPL1CA710tJ Addiess: T`~P&ti>~ ArP1iCCATtcuv: (~Sle~se chtsek ~U #lat apl3lyj: ^ Cunditional Ilse ^ C,gttceptual PUD ^ ConCe~ttuai I•fista3ric Devl. ^ Special Review ^ Final PUD{8c PUll-Amendment) ^ Final HisEnric Deuelcspment ^ Design Review Appeat ^ Conceptual SPA ^ lutittpr #~istoiic Devt. [~ ~M(~$ Alltilmer~t ^ Final SPA (e$ SPA Amendment)' ^ I{istnrie Demolition ~j GIvIQS Exemprian ^ attbdivision ^ ~ Designatiiun { ~ LI Ir",~.'A - 8IklQ Gxeettlitte>,Saream ^ SI?I7S1t4751011. EXemptWn {]ncludes ^ k~+tttall Cadge ~Om!elSiOn~ Margin,HallamIyakeBluff, eondammiumization) Expansinrr, M4untam ~iewPlant' z;ot Spht ^ Tcnyaorary Usc ^ <7iltcr. I;dtit I.me AeiiFwtmient - ('~ Tns!(Man AmwnAxnrvnf - t~ tlt_~srmii~-At- tc,} .l rtcurvses~: u~ on ~zz-; a o uses, motancauatts, etc,. . Pre AgpIicatttsn G`onference Sumatary Attachzttent #l, StgNed Fee Agreement Response to AnaehmenC#3, Drmensi©nal Requirements Fotm lespanse to Attachmetif #4, Submittal Requirements- Including Written Responses to Review Smndards Appixty #hat are larger Yhan l3.5"x11"mugt be Foldtd nnd~aftpPPY~1~%t~~han~eloetroaio FOPY oTalt wrii[eA #GZt (i4fierpsolt'. wortt Formal)nwstbe sptwtittrdzs partofN~a applleotlon. RETAlk r ~R PER~ARMENT RECORD ~.. ATTAGFMENT 2 DIMfiNSIONAt. REQtItREMEN3'& FORM Prgject: Applicant: Locatom Zone Distric#; '' Lat Size: iot Area: ^~ (irar the pw~pgses of ca]culating,Flgor Area, Lot Area may be f'Gduced for ate within the high roster mazk, easementsa and steep slopes. Ptgase refer tq the definition of Lot Area im the lviunicipal Code:} Gonwtercial netleasabie: Existing: a Pr©pased: td~A Alurnber of residential units: Existing: Proposed: ~6 ~'Tws) Nunl>ez•ofhedroams: Existing: R Proposed: "1.~.~a Proposed °l° of demolition (Historic pmperties only). h~~R b1MENSIONS` __ - Floot Area: Ptxacipal bldg. height: Access. bldg. height: Qn,Slte packing: °/a Steooveiage: (3pen Space: Front Set62el~: Rear Setiiack: Combined F>R: Side Setback; Side Setbacki Ctambined Sides: Exsting:keguired:___Pr©pdsed: ~./g $xiatimg pon-conformities or encroachments: No-IE' , VaraCions requested: NCsaF i e r CERTIFECAT~ C)F ©WNERSHIP Pitkin County Tit~G, Irxc„ a duty licensed Tlitle nstiranee Agent in the Mate of Cac entities listed on Exhib~ "A" are the owners in fde simple of the properly set fiorth atl septen~ei" 21, ~4Q4-Retipn iJo. 502173; ~e¢tember2l, 2004-Fte~osptian Na. 542176;: September 21„ 2404-Reespfion` Na. 3421'79. T'bis cet#ifiaale %ttztt to b!e`ccrnstxueti to be a guacantes; of title and is umishe3 fqi infotesAtioAS[ puti`pts~s anIy: PI`i'KIN C{)LtI*tT'4' TITLE, INC; I3Y: autlxorized signature cEl~~rI~IEr~ TO: ~ Io ~4os ~ 8=44 ~.tvl. at s:4o.~.r~r: ,.,, ,,,~ EXI-IIBIT "A" OWNERSHIP 1. WARREN BIRCH LLC, A COLORADO LIMITED LIABILITY COMPANY AND DAVID BIRCH LLC, A COLORADO LIMITED LIABILITY COMPANY AS T0: LOT 10, BLOCK 1, ,~, ASPEN GROVE SUBDNISION, according to the Plat thereof recorded in Ditch Book 2A at Page 246. ADDRESS PER ASSESSOR'S OFFICE: MCSKIMMING RD. ASPEN, C0.81611 ~ 2. WARREN PINE LLC, A COLORADO LIIvIITED LIABILITY COMPANY AND DAVID PINE LLC, A COLORADO LIMITED LTABII.ITY COMPANY AS TO: .~ LOT il, ,. BLOCK I, ASPEN GROVE SUBDNISION, according to the Plat thereof recorded in Ditch Book 2A at Page 246. ~ ADDRESS PER ASSESSOR'S OFFICE: MCSKIMMING RD. ASPEN, CO. 81611 w 3. WARREN COTTONWOOD LLC, A COLORADO LIMITED LIABILITY COMPANY AND DAVID COTTONWOOD LLC, A COLORADO LIMITED LIABILITY COMPANY AS TO: LOT 13, ~ BLOCK 1, ~ ASPEN GROVE SUBDNISION, according to the Plat thereof recorded in Ditch Book 2A at Page 246. ar ADDRESS PF.R ASSESSOR'S OFFICE: MCSKIMMING RD. ASPEN, CO. 8161 I 4. WARREN ELM LLC, A COLORADO LIMITED LIABILITY COMPANY AND DAVID ELM LLC, A ~' COLORADO LIMITED LIABILITY COMPANY AS TO: w LOT 14, rr BLOCK 1, M ASPEN GROVE SUBDNISION, according to the Plat thereof recorded in Ditch Book 2A at Page 246. ADDRESS PER ASSESSOR'S OFFICE: MCSKIMMING RD. ASPEN, CO. 81611 -~. ~. ;~, EXHIBIT "A,. CONTINUED 5. WARREN DOGWOOD LLC, A COLORADO LIMITED LIABILITY COMPANY AND DAVID DOGWOOD LLC, A COLORADO LIMITED LIABILITY COMPANY AS TO: LOT 15, BLOCK 1, ASPEN GROVE SUBDNISION, according to the Plat thereof recorded in Ditch Book 2A at Page 246. ADDRESS PER ASSESSOR'S OFFICE: 277 MCSKIMMING RD. ASPEN, CO.81611 6. WARREN MAPLE LLC, A COLORADO LIMITED LIABILITY COMPANY AND DAVID MAPLE LLC, A COLORADO LIMITED LIABILITY COMPANY AS TO: LOT 1, BLOCK 3, ASPEN GROVE SUBDNISION, according to the Plat thereof recorded in Ditch Book 2A at Page 291. ADDRESS PER ASSESSOR'S OFFICE: MCSKIMMING RD. ASPEN, CO.81611 7. WARREN FIR LLC, A COLORADO LIMITED LIABILITY COMPANY AND DAVID FIR LLC, A COLORADO LIMI'T'ED LIABILITY COMPANY AS TO: LOT 14, BLOCK 3, ASPEN GROVE SUBDMSION, according to the Plat thereof recorded in Ditch Book 2A at Page 291. ADDRESS PER ASSESSOR'S OFFICE: MCSKIMMING RD. ASPEN, CO.81611 8. WARREN REDWOOD LLC, A COLORADO LIMITED LIABILITY COMPANY AND DAVID REDWOOD LLC, A COLORADO LIMITED LIABILITY COMPANY AS TO: LOT 15, BLOCK 3, ASPEN GROVE SUBDIVISION, according to the Plat thereof recorded in Dlteh Book 2A at Page 291. ADDRESS PER ASSESSOR'S OFFICE: MCSKIMMING RD. ASPEN, CO.81611 9,. WARREN OAK LLC, A COLORADO LIMITED LIABILITY COMPANY AND DAVID OAK LLC, A COLORADO LIMITED LIABILITY COMPANY AS TO: PARCEL l: A tract of land being a part of the Highland Placer located in tha NE'/. of the NE'/. of Section 18, Township 10 South, RanKe 84 West of the 6ih P.M., more tUlly described as follows: Begin at Comer #6 of the Highland Placer, U.S. Mineral Survey #6120; thence S 00° I S' W 167.79 feet; thence S 41 °03' E 197.57 feet; thence S 55°26' E 87.00 feet; ,•-. EXHIBIT "A" CONTINUED thence N 08°56' E 330.54 feet; thence N 81°04' W 255.08 feet to the point of beginning. PARCEL 2: .~.. A tract of land situated within the boundaries of the Highland Placer, U.S.M.S. No. 6120 AM. and being more fully described as follows: Beginning at a point on the Nortlt 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 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 IeR witb a radius of 67.6 feet a distance of 56.81 feet (the chord of which bears S 66°58'30" W 55.15 feet); thence S 55°40' W 226.60 feet; thence N 07°37' W 82.00 Feet; thence N 55°26' W 167.90 feet; thence N 08°56' E 332.93 feet to the point of beginning. ADDRESS PER ASSESSOR'S OFFICE: 521 MCSKIIVIMING RD. ASPEN, CO.81611 r R r .~. • :TTY OF ASPEN CiTY OF ASPEN ~~G~ HRETT PAID WREfT PAID DATE ~ ~,/~ DATE REP NO. 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 OAK LLC, A COLORADO LIMITED LIABILITY COMPANY whose legal address is: 565 So. Broadway, Suite 200, Denver, Co 80209 of the County of DENVER State of Co, of the second part, GRANTEE W ITNESSETH, That the said parties of the firs) pert, for and in consideration of the sum of Ten dollars and other good and valuable considerations, to the said parties of the first pert, in hand paid by the sad parties of the second part, the receipt whereof Is hereby confessed and acknowledged, has granted, bargained, sold and cerneyed and by these presents do grant, bargain, sell, convey and confine unto the said parties of the second part, its successors antl assigns forever, all the following dasuibed bte or parcel of land, situate, lying and being in the County of PITKIN and Slate 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 reversbn and reversions, remainder end remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand wtu+tsoever, of the said parges of the first part, either in law or equity, of, In and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, its successors and assigns forever. And the sold parties of the first part for themselves, their heirs and assigns do covenant, grant, bargain and agree to and wtth the said parties of the second part, their successors and assigns, the above bargained premises In the quiet and peaceable possession of said parties of the second part, its successors and assigns, against all and every person or persons IawfWy chiming or to dalm the whole or any part thereof, by Through or under the said parties r><0te first part to WARRANT AND FOREVER DF~END. The singulaz shell indude the plural, the plural the singular, and the use of gender shall be applicable to all genders. IN WRNESS WHEREOF, the said parties of the first part have hereunto sal their hand(s) and seal(s). SIONATURE3 ON PAGE 2 a 502178 TRRNSfER 6EClRRRTION RECEIVED 09!21/2004 r ,. IIIIINIIINIINIINIIIIIIIIIIIINIIIIIIIIII~NIIIIII o°~~=m8 ®z:®o~ SILVIP OAV1E PITKIN COUNTY CO R 18.00 D 86.fi7 PITION G EUHTYN TITLE INC. 801 E HOPKiNS AVE. ASPEN, CO 81811 ,~. PAGE 2 TO SPECIAL WARRANTY DEED SIGNATURE PAGE THE JONES FAMILY PARTNERSHIP, LLLP Olivia Jones - Jac f y arl r Trustees of the Olivia Jones Revocable Trust u/a/d Decem er 24, 2003, General Partner STATE OF CAt~At~ 1 SS COUNTY OF ~NE2 ) The oing 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 Jonas Revocable Trust u/a/d December 24, 2003, General Partner. WITNESS my hand and official seal my commission expires: 7- ~ -~ PCT1 r R ~. ~` Notary Public r AULTr=~ I~II~II~IIIIIIN~INII~IIIII~I~IINIII~l~II~II m °? zap az:D9, ' ~ SILVIq DgVIS gITKIN COUNTY CO R 10.00 D 86.67 r^ ~.. II'III ''IIl'I~t' IyI I~plli~ NN I{ 502178 IIIIIIIIIIIIIIII II~IIII,IIII I~III I, VIII 6111III0 09/21/~20a064fi72:aB1 EXHIBIT "A" LEGAL DESCRIPTION PARCEL I: A tract of land being a pert of the Highland Placer located in the NEY° of the NE'/. of Section 16, Township 10 South, Range 84 West of the 6th P.M., more fully descrbed as follows: Begin at Corner #6 of the Highland Placer, U.S. Mineral Survey #6120; thence S 00°15' W 167,79 feet; thence S 41 °03' E 197.57 feet; thence 855°26' E 67.00 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 Vact of land situated wtthtn the boundaries of the Highland Placer, U.S:M.S. No. 6120 AM. and being more fully described as follows: Beginning al 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 Iina 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 58.87 feel {the chord of which bears S 68'58'30" W 55.15 feet); thence S 55°40' W 226.60 feet; thence N OT°37' W 82.00 feet; thence N 55°28' W 167.90 feet; thence N OS°56' E 332.93 feet to the point of beginning. RECORDATION REQUESTED BYs Alpkra Bank ArIMM Bank Aepan aOD Fast 1bpklM, SW1e OO/ Aepan, CO of all WHEN RECORDED MAIL TO: Algns Mnk aotl Tm Streal aouOl RIM, CO {1690 SEND TAX NOTICES TO: WARRpt OAK LLC, A COLORADO LIMITED IlillIVIIIIIIIIIIIIIVIIIIIIIglllllllVIIIII~IIII 5~21i a9 az:ral f ILViR OrWI3 PIT¢iN COUNTY CO R 36.00 D 0.00 DEED OF TRUST MAXIMUM PRINCIPAL AMOUNT 6ECUiED. TM Wn d mb Mad W 7rw1 Shell not exc0atl at any ell time ee94,OpD.l10 awCept as atlowad under ¢ppileaby Cdorado law. THIS DEED OF TRUST Is dated September 20, 2004, among WARREN OAK LLC, A COLORADO LIMBED LIABILITY COMPANY ("Grantor"); Amine Bank, whose addreu la Alpine Bank Aspen, 600 Eset Hopkins, Suite 007, Aspen, CO 87877 (refereed to below someUmee es 'lender" and some6rras ee "Beneficiary"); and the Pubito Truatt9e of PITKIN COUnIy, COloredo (refereed to below as "Trustee"). . CONVEYANCE AND ORAfrT. Fu valu0by mnMOSrNbn, Gramor Mraby Yrevocebly erant0, ironefero end aWpM to TNtles /Or the benefit W tender a eeMlbWy aA d OrontorY ophl tltle, all y1NaM N sera le IM blbwlnp dsaedbed roal PrWSM. tepatMr with atl P.oPer.r. rOC uovq wnrwur Smlauon eS mineraro, m, osa. peothern,al and sindar mstlera, (tfie "Reel Property") lecafed In KIN County, Stets of Colorado: PARCEL 1: A TRACT OF LAND BEING A PART OF THE HIGHLAND PLACER LOCATED IN THE NE7/4 OF THE NE7/4 OF SECTION 18, TOWNSHIP 10 SOUTH, RANGE 64 WEST OF THE G'TFI P.M., MORE FULLY DESCRIBED AS FOLLOWS: BEGIN AT CORNER N9 OF THE HIGHLAND PLACER, US. MINERAL SURVEY #6720; THENCE S 00°15 W 767.79 FEET; THENCE S 41°03' E 19757 FEET; THENCE S 66°26' E BT.00 FEET; THENCE N 06`66' E 33054 FEET; THENCE N 87 q4' W 266.06 TO THE POINT OF BEGINNING. PARCEL 2: A TRACT OF LAND SITUATED WITHIN TFtE BOUNDARIES OF THE HIGHLAND PLACER, U.S.MS. NO. 6720 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 BEAR8 N 67'04' W 267.80 FEET; THENCE 8 9/°04' E 388,66 FEET ALONG THE NORTH LINE OF SAID HIGHLAND PLACER; THENCE 3 08.66' W 269.67 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT W171i A RADIUS OP 67.B FEET A OIBTANCE OF 66.67 PEET (THE CWORD OF WHICH BEARS 9 66°59'30" W 65.76 FEET); THENCE B 56°40' W 226.60 FEET; THENCE N 07°37' W 62.00 FEET; THENCE N 66.26' W 767.90 FEET; THENCE N 06°56' E 332.93 FEET TO THE POINT OF BEGINNING. The ReM Property or Its address Is eommpnly known ea TBD HIGHLAND PLACER, ASPEN, CO 97611. CR089-COLL11TEi1AL1ZATION. In aoNlbn b 1M Noy, tok Ow0 0l Trust rawrer all obtlpatlorq, tleDtf ano Ilab9tles, plus Intmasl theroOry d Gronlp y Lender, Or anY OM a mae of lMm, as wdl y all damp by under a0einsl Ltranlp p anY Ono Or mpra d ewm, wMtMr now anLEnp a hereafter edNntl, wMthw raielad Or urwylatl b iia purrppoosaea W ill Nob, whdhar voluntary a otherwise, wMllror due ar red tllls, rBrod ar InWed, MlormlMd a< urlWlermlMd, aWWUte d aontlntlem, YgWOayd or udklNdeyd wlgther Grainer may be tlsbla IndNldually OI IdMY w11h Otllero, wMlfrer ebtl0ayd as owrontp, SIrNY. awpmmodatlan Party Or ofhenvisa, end wlrBlllar rxwary upon fuCh amount' may lfe ar haruflar may baeams ported pt' any,sylute d tlntllatlora, and wMtlrx the obllpatlM lO ropey such amounts m¢y b• R MlNttel rMy Ilaopm0 dtrenvya UMnlpCaaby. GrenlOr presently ecc10M b Lentler (ee0 knOWn as BeMtlelary In mla Mad or Trulll) all d Grontera rent, tltle, aritl Inlaroat m all to as Prosent all fuhna bWS d IM ProPany erW AO Rams kOm Ma Property. b addition. Gronlor Oroni3lo Lander a Unilwm Comnwmyl Coda sepurny Intmesl in ill Paroonal Property all Reno. fryINTERE$T IN TFE RENTS ANO PERSONAL MO la) PEAFORMANCC OF ANY AND ALL TRUiT. TNI9 DiGO OF TRUST I6 GIVEN AND PAYMENT AND PE35FORMANCE. E[Oepl as otlwMW prONded In IhN peed d Tuil Orontd Matl paY ro L.arrdar all smounb McurM uy This Daad d Trull as /My baeeme dw, en0 shall abletly ane In • tlmeN manor pandm en o/ (tremor's obtlpaliOM vndv n,e Nde, INS Dwd d Trust, all IM RsWlad DOaumony. w N ' s r R R _.. __ ~ ,, _~ _., . ,r ' STATEMENT OF AUTHORITY (§ 38-30-172, C.R.S.) ~ 1. This Statement of Authority relates to an entity named WARREN OAK, LLC . 2. The type of entity is a: ^ corporation ^ registered limited liability partnership ^ nonprofit corporation ^ registered limited liability limited partnership X limited liability company ^ limited partnership association ^ general partnership ^ government or governmental subdivision or agency ^ limited parh~ership ^ 3. The entity is formed under the laws of Colorado 4. The mailing address for the entity is 595 S Broadway, Suite 200, Denver CO 80209 . 5. The X name X position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is . Warren P. Cohen as a Manager. 6. z The authority of the foregoing person(s) to bind the entity is X not limited ^ limited as follows: 7. Other matters concerning the manrte4r in which the entity deals with interest in real property: 8. r This Statement of Authority is executed on behalf of the entity pursuant to the provisions of §38-30-172, C.R.S. .. Executed this ~_ day of September, 2004. WARREN OAK, LLC A Colo do limited 'ty company 1 By: amen P. Cohen, Manager ~ This form should not be used unless the entity is capable of holding title to real property. z The absence of any limitation shall be prima facie evidence that no such limitation exists. a The statement of authority must be recorded to obtain the benefits of the statute. RETURN TO PRKIN COUNTY T1TL•'_ '~~'^ ° 1~909.6Y.9/15/200d 11:21 AM.S70H.80162666.DOC;1) 601 E.HOPKINS '!~_ ASPEN, CO 87u'i i Rpril 11, 2006 FtE: Aspen Grove Subdivision, Parcel 1 and Parcel 2, further described in the attaohed EX1libit A 7o whom it may coricem: This letteris intended to serue.as authorizat"ton for Mi#ch Haas and Haas Land LLC ("HAAS°) to eepresent Warden Qak, LLC .and Vtdarren P, Cohen before.thi~ :Aspen and' atl related Aspen govemnlentat bodies, commissions, committees, other entitii~s in #he_matter of the subdivision Exemption for a Lo# Split; FOR: Warren Oak, #_LC P Warren P, Cohen, Artana~er w ., ., ,_,, ,,~ ,_ ~ .~ EXHIBIT "A" s LEGAL DESCRIPTION PARCEL 1: A tract of land being a part of the Highland Placer located in the NEY. of the NE'/, 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 #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 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 386.55 feet along the North tine of said Highland Placer, thence S 08°56' W 299.67 feet; thence along the arc of a curve to the left with a radius of 67.6 feet a distance of 56.81 feet (the chord of which bears S 66°58'30" W 55.15 feet); thence S 55°40' W 226.60 feet; , thence N 07°37' W 82.00 feet; thence N 55°26' W 167.90 feet; -- thence N OS°56' E 332.93 feet to the pointof beginning. BAYM F+4MILY LLI,P 708 W DELAWAt;E AYE URBANA, IL 81801: GAEtLANt1 GA7+iERtNE 318 MGSKI4riMING RD AfiPEN, GO !51814-2217 PAR'4YKA ViN~ENT K 334 MC9KtbANlIDtG ADEN, r0 81fi19-~^.2'f 7 a SAt2MAN DUEL & ,JOANNE 2.2°fo ~ 1.738Vt+YNFfA17PST-APTA~ ~ ..DENVER, CO 80202 , ~ Z~W9NJUUkTHt~'FRUS7 Jf}SEPH=M ~At~#fN TRUSTEE 0348 MG~iRgtNG RD ASPEN, GO 8'($11 i a ., a, BUREAU OF LAND MGM7' US DEPT OF tNTER10R f;OLO OFFtGE 2850 YCjUN(31=TEED ST LRKEWOOR.CO $0215-708 IELEIN pEBB1E 5+48 t.1CSKIMMING RD. ASPEN, GO .81811 F~ITGHER KiNGS6URY CO PRT 50% :PITCHER CHARITY JANE GO PRT.54'~. ao Bax z2s~ -SANTE FE, NM. "87504 SAI.ZZMAN METTA 9.3^ro C10 NAOMlSALZMAN AS CUSTQDIAN 335 WYANat7T ST DENVER, CO 84211 BUTTON ANNE W! SALZMAN JASON. 11.5% 3005 HAYWARD Pl OENVER,GO:$02T1 ~~, .MARSH NANCY B TRU5T Pt) BOX 50 ASPEN, CO $1612 :SALF{41AN C7WNaE48 HOlLYA2.8% 12343 9ARt1iNW GOVE' 5AN DIEGO; GA 93130 WARREN Oi444 LLC 588 3 BROAiAY#~QO DENVER, CO 80309 r ... , -~ CITY ~F ASPEN C4MMUNTTY [IEVELtJRMENT DEPARTMENT A~r~menttarPavmentofl,~"),t~vpofAsnrnDevelonmpntA,polit~tionFbet3_+~_-i CITY OF ASFEN (hereinafter CITY) and r+tnta~~.~.~ ~ ~W~'~~tR$I~" {her APPLTGAN T') AGRfiE AS POLLOtr75: 1. APFLICAI~IT has subtntied toe an applicafion for (hereinafter, THE Fl20lECT). 2. APPLICANT tmdtrstaads; and agrees that City of Aspen. Ordinance No: 57 (Series of 2Tt6tl) estaltiishes a fee strncwre for Land Ilse applcutions and. the pa}mrent of all processing fees is a condition procedent to a detertttnation of application cotnpIoteness. 3. APPLICANT and c1TY agree that praject,'t is not passible at this time xo ascettsin the: application. AFPLI~AIVT and G1TY furth6t agree that ina>ee payment ofan-ttltial depus#aad to`-tltereatter `. a ttmnthly basis) APFLTCANT agrees additional a approvals. APPLICANT agrees ha will ba benefited additional payments ttpon ttotificatinn by thB CI"CY w ,' agrees it will be taenefited through ttte greater ; AFPLTCANT'S application. 4. CITY and APPLICANT further ogre processing ar pmsyrtt sufficient inlirrmation to the Plant Ftennidg Commissiitn andlor City Council to make unless current billings are paid. in full prior ro decision. ~, S. Therefore, APPLICANT agrees that ii cpUtct full flea prier to a detertn' n of appticatio dapgsit it the amanu of ~.~ ~ t ~~iiolt i3 fcir ~~ iipta, arftT ifsctnnl recorded costs exceed the initial d! ii bilhngsJko CITY to [reimburse ttie CITY ftir the pr4c post apfataual reuiew at a rate of'~2U.b0 per plamttr he abet! be'made within 3Q days of the biTCit'~ date, AE accnaart'taasts ahat# tt; bmnnrls-fur ansptnajnrt of trmcns; until all costs associated with case processing have bten CITY iIR ASPEN D~°. chi+is Tiefla4a i, Comrautirty Itevtlopmenf Director a` ~~ K g:lsuppoMCfarmsingrpayas.doc T 1136/4 beepttse of the size, nafute or s+xape of flea prgposed Rtil extent of the casts:nvolvttl in pttseessltt~~~ it is in the itarcrest of the parties that' Ak"I'~:liti/'~IT pertttlt additiotinl costs. to lie bl[led to APFLICAI~I'l' on eels may accrttc foklowing their hearings iatdlor by retaining greater cash liquidity and' will tttalte hen they are necessary as costs ase-ticntred, eITY certainty of recovering its Iltll tests to ptoeess e'that it is impraaicalle for CITY 8raffw complete mn nt nn Date: _ Billing Ad 33tuuired Nnmber• 7. Ul11wR'ti , ~`~ Ltd ~, &3ao9 `~~~' ~~ RETAMi FOR PER~iRNEMT RECORD