HomeMy WebLinkAboutcoa.lu.an.Kaplan.LittleAjaxAN- )4P4 L�
u
�' ' It �vll
AX
LA % 3
�N
Memorandum
TO: Mayor and Members of Council
FROM: John P. Worcester
DATE: April 14, 2003
V11(d
City of Aspen
CityAttorneys Office
RE: Kaplan Property (Little Ajax) - Resolution Finding Compliance with
Municipal Annexation Act Following a Public Hearing
This matter is before you for a public hearing to determine compliance with certain provisions of
the Municipal Annexation Act of 1965 as part of the statutory required process for annexing
unincorporated property into the City. Attached for your consideration and review is a draft
resolution to be adopted following the public hearing. If Council determines at the public hearing
that compliance with these provisions exist, then an ordinance to annex will be prepared for
Council's consideration at a later date. As with all ordinances, a public hearing will be scheduled
as part of second reading of the annexation ordinance. The appropriate time for interested citizens
to offer comments on issues, other than compliance with the Municipal Annexation Act, regarding
the annexation of the parcel to the City would be during the second reading of the annexation
ordinance. The public hearing scheduled for the 14th can, therefore, be limited to the sole issue of
compliance with the relevant provisions of the Municipal Annexation Act.
At Council's regular meeting on March 10, 2003, Resolution No. 23, Series of 2003, was adopted.
That resolution found substantial compliance with Section 31-12-107(1), C.R.S. (the technical
requirements for a petition for annexation); established May 24, 1999 as the date for a public
hearing to determine compliance with Sections 31-12-104 and 31-12-105, C.R.S., (described
below); and authorized the institution of zoning procedures for land in the area proposed to be
annexed.
Because 100% of the property owners have consented to the proposed annexations, annexation
elections are not required. However, at the public hearing, Council must make a determination that
the proposed annexation is in compliance with Sections 31-12-104 and 31-12-105 of the state
annexation statutes. Appended hereto for your information is a copy of these state statutes.
Section 31-12-104, C.R.S., sets forth specific eligibility requirements which Council must find and
determine at the scheduled hearing. These eligibility requirements are incorporated within the
proposed resolution. The fact t support the determination of compliance will be presented by
staff at the hearing.
In addition, Section 31-12-105, C.R.S. imposes a set of limitations on every annexation. It is these
limitations that Council must also consider at the public hearing scheduled for the 13th. I have also
attached a copy of a proposed resolution which you may adopt as Council's written findings and
determinations following the public hearing. The proposed resolution summarizes the limitations
of Section 31-12-105 in the form of factual statements that will need to be established at the public
hearing.
cc: City Manager
Community Development Director
City Engineer
City Clerk
JPW-04/08/2003-G:\john\word\memos\kaplan-res2-ann.doc
Pitkin County Community Develo m� entDeodriment
Joyce Ohlson
Deputy Director
Aspen Community Development Dept.
130 S. Galena St.
Aspen, Colorado 81611
April 8, 2003
Joyce -
Thank you for providing notice of the Kaplan property annexation petition. The County
concurs with the City Attorney's conclusion that the proposed annexation technically
complies with the State Municipal Annexation Act.
The applicant proposes to annex and rezone the portion of the parcel that lies within the
County from R-15 and AFR-10 to AH/PUD; and has received a recommendation of approval
from the City Planning Commission for consolidated Conceptual and Final PUD review for the
development of four free-market units, two ADU's and eleven affordable (category)
dwelling units. It is our understanding that the application for second reading and public
hearing for annexation and rezoning to AH/PUD will be considered concurrently with City
Council review of the Kaplan Conceptual/Final Plat, with first reading tentatively scheduled
for April 28th and second reading scheduled for May 121h.
Based upon information that is currently available, the County has the following concerns:
1. City regulations, which are typically more urban in their application, may not
adequately address potential development at the base of Shadow Mountain
which contains steep slopes and related hazards and resources. In addition to
visual concerns associated with the steep slope, there are potential wildlife
resource issues and identified rockfall, slope stability, mine tailing and
subsidence hazards. The County anticipates working with City Staff to prepare
a comparison of development potential for the property under both City and
County land use regulations. The City may wish to use the results of the
comparison to help determine which regulations are more appropriate for the
site. In the event that County regulations are more conservative, the City may
either choose to deny the request for annexation, requiring the applicant to go
through County review for development, or approve the annexation based upon
130 S. Galena Street Aspen, Colorado 81611
(970) 920-5090 fax 920-5439 www.pitkingov.com
land use approvals that stipulate use of County floor area, slope/density
reductions and/or 1041 regulations.
The County supports the City's efforts to secure easements for the Midland
Railroad right-of-way trail and the existing trail on the southern portion of the
property.
Thank you for your consideration. The County will provide more detailed comments
regarding land use upon receipt of a referral copy of the application from the City when it
becomes available.
Sincerely,
Cindy Houben
Pitkin County Community Development Director
RESOLUTION NO.
(Series of 2003)
A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, RELATIVE TO THE
PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COMMONLY
KNOWN AS THE "KAPLAN PROPERTY ANNEXATION'; FINDING SUBSTANTIAL
COMPLIANCE WITH SECTION 31-12-107(1), C.R.S.; ESTABLISHING A DATE, TIME, AND
PLACE FOR A PUBLIC HEARING TO DETERMINE COMPLIANCE WITH SECTIONS 31-
12-104 AND 31-12-105, C.R.S.; AUTHORIZING PUBLICATION OF NOTICE OF SAID
HEARING; AND AUTHORIZING THE INSTITUTION OF ZONING PROCEDURES FOR
LAND IN THE AREA PROPOSED TO BE ANNEXED.
WHEREAS, on February 27, 2003, one hundred percent of the owners of certain property
situate adjacent to the boundaries of the City of Aspen did file with the City Clerk of the City of
Aspen a Petition for Annexation of territory to the City of Aspen, whereby real property described
in said Petition for Annexation, is being petitioned for annexation to the City of Aspen; and
WHEREAS, the City Clerk of the City of Aspen has referred the aforesaid petition as a
communication to the City Council for appropriate action to determine if the petition is
substantially in compliance with Section 31-12-107, C.R.S.; and
WHEREAS, the petition, including accompanying copies of ten annexation maps, have
been reviewed by the City Attorneys Office and the City Engineer and found by them to contain the
information prescribed and set forth in paragraphs (c) and (d) of subsection (1) of Section 31-12-
107, C.R.S.; and
WHEREAS, one hundred percent (100%) of the owners of the affected property have
consented to annexation of their property to the City of Aspen; and
WHEREAS, Section 31-12-107(1)(g), C.R.S., mandates that the City of Aspen initiate
annexation proceedings in accordance with Sections 31-12-108 to 31-12-110, C.R.S., whenever a
petition is filed pursuant to subsection (1) of Section 31-12-107, C.R.S.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1
That the Petition for Annexation of territory to the City of Aspen is hereby found and
determined to be in substantial compliance with the provisions of subsection (1) of Section 31-12-
107, C.R.S.
Section 2
That the City Council hereby determines that it shall hold a public hearing to determine if
the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and to establish
whether or not said area is eligible for annexation pursuant to the Municipal Annexation Act of
1965, as amended; said hearing to be held at a regular meeting of the City Council of the City of
Aspen at 5:00 o'clock p.m. on the 14th day of April, 2003, in Council Chambers at City Hall, 130 S.
Galena, Aspen, Colorado 81611. (A date which is not less than thirty days or more than sixty days
after the effective date of this resolution).
Section 3
That the City Clerk shall give public notice as follows: A copy of this resolution shall
constitute notice that, on the given date and at the given time and place set by the City Council, the
City Council shall hold a hearing upon said resolution of the City of Aspen for the purpose of
determining and finding whether the area proposed to be annexed meets the applicable
requirements of Sections 31-12-104 and 31-12-105, C.R.S., and is considered eligible for
annexation. Said notice shall be published once a week for four consecutive weeks in a newspaper
of general circulation in the area proposed to be annexed. The first publication of such notice shall
be at least thirty days prior to the date of the hearing. The proof of publication of the resolution shall
2
be at least thirty days prior to the date of the hearing. The proof of publication of the resolution
shall be returned when the publication is completed, and the certificate of the owner, editor, or
manager of the newspaper in which said notice is published shall be proof thereof. A copy of the
resolution and petition as filed, shall also be sent by registered mail by the clerk to the Pitkin
County Board of County Commissioners and to the County Attorney of Pitkin County and to the
Aspen School District at least twenty days prior to the date fixed for such hearing.
Section 4
That pursuant to Section 31-12-115, C.R.S., the City Manager is hereby directed to initiate
appropriate zoning procedures with regard to the territory proposed to be annexed, and to prepare
and thereafter submit an annexation impact report in accordance with Section 31-12-108.5, C.R.S.,
to the Pitkin County Board of County Commissioners at least twenty five (25) days prior to the date
established for a public hearing.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the
�� day of , 2003.
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a
true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held on the day hereinabove stated
3
i `eb l y 2M 4:34PM
No•0822 P. 3/4
(PETITION FOR ANNEXATION OF TERRITORY
TO THE CITY OF ASPEN, COLORADO
The undersigned Petitioner, being the landowners of at least fifty percent of the area within the exterior
boundary of the territory hereinafter described, respectfully request the City Council of the City of Aspen to approve
the annexation of the proposed area to be annexed in accordance with the provisions of C.R.S. 1973 31-12-101, et.
sea., as may have been amended, and in support thereof allege as follows:
1. It is necessary and desirable that the territory described in the land description below be annexed
to the City of Aspen.
2. The requirements of C.R.S. 1973 31-12-104 and 31-12-105 exist or have been met.
3. The Petitioners are all of the owners of the territory sought to be annexed and therefore are the
owners of more than 50% of the territory sought to be annexed.
REQUEST:
The Petitioners request that the City of Aspen approve the annexation of the land described below
ATTACHMENTS:
Accompanying this Petition are the following:
(a)
(b)
(c)
PETITIONERS:
NAME
Peter L. Gluck
Circulator's affidavit
Proof of Ownership (copy of Title Policy from Pitkin County Title, Inc.)
Four (4) prints of an annexation map containing the in;fbTmation required by
C.R.S. 1973 31-8-107.
(MAILING ADDRESS DATE
19 Union Square West, 12'h Floor
Now York, NY 10003
Legal description of land owned by Peter L. Gluck (Parcel 3): SEE ATTACHED
Burton B. Kaplan 1780 Green Bay Road, #205
Highland Park, IL 60035
Legal description of land owned by Burton B. Kaplan (Parcel 2): SEE ATTACHED
COUNTERPARTS:
crr_ rr A manic
This Petition may be signed in multiple counterparts, all of which, when taken together shall constitute one
document.
reb ly ZUUJ 4:JbNM
No-UdZZ N- V 4
PETITION FOR ANNEXATION OF TERRITORY
TO THE CITY OF ASPEN, COLORADO
The undersigned Petitioner, being the landowners of at least fatty percent of the area within the exterior
boundary of the territory hereinafter described, respectfully request the City Council of the City of Aspen to approve
the annexation of the proposed area to be annexed in accordance with the provisions of C.R.S. 1973 31-12-101, et.
sea., as may have been amended, and in support thereof allege as follows:
1. It is necessary and desirable that the territory described in the land description below be annexed
to the City of Aspen.
2. The requirements of C.R.S. 1973 31-12-104 and 31-12-105 exist or have been met.
3. The Petitioners are all of the owners of the territory sought to be annexed and therefore are the
owners of more than 50% of the territory sought to be annexed.
BEQUEST:
The Petitioners request that the City of Aspen approve the annexation of the land described below
ATTACHMENTS:
Accompanying this Petition are the following:
(a) Circulator's affidavit
(b) Proof of Ownership (copy of Title Policy from Pitkin County Title, Inc.)
(c) Four (4) prints of an annexation map containing the information required by
C.R.S. 1973 31-8-107.
PETITIONERS:
NAME MAILING ADDRESS DATE
Peter L. Gluck 19 Union Square West, 12" Floor
New York, NY 10003
SIGNATURE
Legal description of land owned by Peter L. Gluck (Parcel 3): SEE ATTACHED
Burton B. Kaplan 1780 Green Bay Road, #2054
Highland Park, IL 60035 ��
Legal description of land owned by Burton B. Kaplan (Parcel 2): SEE ATTACHED
COUNTERPARTS:
This Petition may be signed in multiple counterparts, all of which, when taken together shall constitute one
document.
rPb.19. 2003 4 : 3 5 P M
No-0822 P. 4/4
AFFIDAVIT OF CIRCULATOR
STATE OF 001ONY6 )
ss.
COUNTY OF Pfk1-/-k )
The undersigned, being duly sworn, deposes and stares as follows:
1. I am over the age of 21 years;
2. I am the circulator of the foregoing Petition; and,
3. Each signature thereon is the signature of the person whose name it purports to be.
Charlie Kaplan
Subscribed and sworn to before me on this 9 q day of February, 2003, by Charlie Kaplam
WITNESS MY HAND ,AND CIAL SEAZ..
My commission expires: / 1 :2 7".
Notary Pu lie
RAIENE
PETERSON
My Commission Expires 0111112006
2
l
•Nt)MBEa50 9�DCR•'•'•'•'
'1-k-4
���s/ d 01INER ASPEN CK, LLC
l� i :' • lL' ; : RFcbeilox M� 1ao]ej . /
</�'� AREA 8121] 50.FT, /
F /
A
o
PARCEL 2
OWNER: BUA�TON B. KAPLAN
RECEPTION N0. 439385
AREA - 46,590 SO.FT.
-- OUTSIDE CITY LIMITS
N �
JJ.
�O
ANNEXATION
BOUNDARY
ts".DO Ir E
f 30.1 270 DD /
EL 3
OWNER: PETER L.
1-1• RECEPTION NO. 139356
c
79
ANNEXATION DESCRIPTION
A TRACT OF LAND SITUATED IN THE SOUTHEAST QUARTER OF
TOWNSHIP 10 SOUTH P. ANGE 65 WEST OF THE"' P.U. PIT
COLORADO BEING APPORTION OF GOVERNMENT LOT 17 tHE M
I./1/a MARTHA WASHINGTON LODEI U.S.M.S. 5703 MINING
_
7329 AND GOVERNMENT LOT IB ALL AS SHORN ON TAE BUREAU
MANAGEMENT DEPENDENT RESURVEY AND SURVEY OF TOWNSHIP
RANGE BS WEST, OF THE 61N P.N. APPROVED FEB. 14, 1930 -
Ay FOLLOWS.
ANNEXATION
�
BEGINNING AT CORNER NO. 5 OF SAID M.W. LOGE MINI
THENCE N76'38'E 83.70 FEET ALONG LINE 1-5 OF SAID M.W
BOUNDARY
• CLAIM TO THE TRUE POINT OF BEGINNING:
THENCE N 02'26'E 325.12 ALONG THE EASTERLY LINE
.
CORNER 5 MART B. SUBDIVISION TO LINE 7-3"OF ASPEN TOWNSITE (RE-
- M.W. LODE THENCE S 55'l7'O6"E 309.74 FEET ALO//J SAID LINE 7-6 A
05 t
TO.TNE EASTERLY CORNER OF GOVERNMENT LOT IS:
1q6
AM NAND•M
THE SOUTHERLY ELOT
76'
LINES OF GOVERNMENT 18T S. 732'
OF THE N.W. LOOS:
t5"M
THENCE 302. 26'00'W 138.95 FEET ALONG LINE 4-5 TO
y 713E
THE M.W. LODE.
12t'
THENCE 576'38W 196.03 FEET AlONO LINE 5-1 OF TN
T06 TRUE -
POINT OF BEOINNI NG ISAID COURSE CALCULATES T.
196.71 FEET1.
TRUE POINT OF -
BEGINNING
COUNTY OF PITKIN
/
STATE OF COLORADO
THIS .LEGAL DESCRIPTION ENCONP AS3ES ALL OF PARCEL 2 COI
N0. 439385 AND PARCEL 3 CONVEYED 8Y RECEPTION NO. 439.' -
ESTATE RECORDS OF PITKIN COUNTY, COLORADO. -
496217
IIPage: I of 93
I I II IIII I II IIII 04//06/2004 03:22P
IIII
SILVIA DAMS PITKIN COUNTY CO R 466.00 0 0.00
PRE -ANNEXATION AGREEMENT
REGARDING THE KAPLAN PARCEL, THE GLUCK PARCEL
AND THE ASPEN GK PARCEL
THIS PRE -ANNEXATION AGREEMENT ("Agreement") is entered into and made on
MA66A Z3 , 2004, by and between the City of Aspen, a Colorado home rule municipal
corporation (the "City"), whose address is 130 South Galena Street; Aspen, Colorado 81611;
Burton B. Kaplan ("Kaplan"), owner of an approximately 45,058 square foot parcel located in
unincorporated Pitkin County, Colorado, legally described on Exhibit "A" attached hereto (the
"Kaplan Parcel"); Peter L. Gluck ("Gluck"), owner of an approximately 1637 square foot parcel
located in unincorporated Pitkin County, Colorado, legally described on Exhibit `B" attached
hereto (the "Gluck Parcel'); and Aspen GK, LLC ("Aspen GK"), owner of an approximately
8,213 square foot parcel located within the City, legally described on Exhibit "C" attached hereto
(the "Aspen GK Parcel'; and collectively with the Kaplan Parcel and the Gluck Parcel, the
"Existing Development Parcels").
Kaplan, Gluck and Aspen GK are hereinafter collectively referred to as the
"Landowners". The address of the Landowners is c/o Peter L. Gluck and Partners, Architects,
646 West 131s` at 12`h Avenue, New York, New York 10027. This Agreement shall become
effective following execution by Landowners and upon approval by the City Council of the City
of Aspen ("City Council') evidenced by a duly approved resolution and by the execution of the
Agreement by either the City Manager, Mayor, or Mayor Pro -Tern
RECITALS AND REPRESENTATIONS
WHEREAS, the City and Landowners desire to enter into this Pre -Annexation Agreement,
referred to herein as the "Agreement" for the convenience of the parties; and
WHEREAS, Kaplan represents that he is the sole owner of the Kaplan Parcel and Gluck
represents that he is the sole owner of the Gluck Parcel (the Kaplan Parcel and Gluck Parcel are
hereinafter collectively referred to as the "Property Proposed to be Annexed"); and
WHEREAS, the Property Proposed to be Annexed is more than one sixth (1/6) contiguous with
the existing City boundaries and is otherwise eligible to be annexed into the municipal
boundaries of the City in accordance with the Colorado Municipal Annexation Act of 1965, as
amended, C.R.S. Sections 31-12-101, et seq.; and
WHEREAS, the City and Landowners believe that it is in the best interests of the citizens of the
City and Landowners that the development of the Property Proposed to be Annexed and the use
and development of the Aspen GK Parcel be cooperatively planned by the parties together with
the Property Proposed to be Annexed; and
WHEREAS, the development plan described in this Agreement and the rights granted to the
Landowners hereby will assist in the creation of affordable housing, open space and a reduction
in free-market residential density below that which would otherwise be likely to be developed on
the Existing Development Parcels, thus fulfilling high priority goals of the City; and
WHEREAS, the Landowners and the City desire to annex the Property Proposed to be Annexed
into the municipal boundaries of the City on condition that all of the terms and conditions of this
Page: I of 3
499948
07//21/2004 10:22R
SILVIA DAVIS PITKIN COUNTY CO R 16.00 D 0 00 .
FIRST AMENDMENT
TO
PRt,-ANNEXATiON ACREEMENi'
THIS I-JR.S'T AMENDMENT TO PRT;-ANNEXATION AGRET�.M WY (t.his
"Amendment") is entered into and ma.(ic on _ �'�-.--...._... _ , 2004, by and between
the City of Aspen, a Colorado home rule municipal corporation (the "(_ ity"); Burton B..
Kaplan ("Kaplan"); Peter L. Gluck. ("Gluck"); and Aspen GK, LLC ("Ashen GK") and
amends that certain :Pre -Annexation Agreement among the City, .Kaplan, Gluck and
Aspen GK dated March 23, 2004 that was recorded in the real estate records o. Pit:kin
County, Colorado oil April 6, 2001 as Reception No. 49621.7 (tile "Pre -Annexation
Agreerllent") Capitali•red I.CTMS used in this Amendment that are riot defined have the
meanings ascribed to them in the Pre -Annexation Agreement.. In the event of any conflict
or inconsistency between the provisions of this Amendment and the Pre -Annexation
Agreement, the provisions of this Amendment shall govern and control.
L City, Option to Purchase Conservation Iasement. The first sentence of Section
6(a) of the Pic -Annexation Agreement. is hereby deleted in its entirety and replaced with
tile, following:
(a) For a period of six months following the later of (i) t.ie recording
of the Phase One Recorded Documents or (ii) the dale Landowners provide the
City with a copy of the. Appraisals (as that lean is defined in subsection 6(d)
below), the Cil.y shall have an option to purchase a coilservation casement oil T_ot.
Three (the "CE Option") consistent with subparagraph (b) below, and the terms of
which shall insure that .Lot. Three's use is limited solely for passive open space
and such other purposes as may be mutually acceptable to the City and the
Landowners, and which shall allow the City, at. its expense, to construc t. and
maintain trails within trail easements in locations mutually acceptable to the City
and the Landowners.
2.. 13indin:; Effect.. Each of tllc City, Kaplan, Gluck and Aspen GK agree that tic
Pre- Amlexatioil Agreement., as amended herein, is in full force and effect..
.3. Facsimile, Counter)-,pj5. A facsimile, telec:opy of other reproduction of this
Amendment may be c;xecut.ed by tile parties and shall be considered valid, binding and
effective for all purposes. At the request of either party, the parties agree to execute. an
original of this Amendment. as well as any facsimile, telecopy or other reproduction. This
Anicndment may he executed in several counterparts and, after execution and as
executed, shall Coil st.itute a contract hinding oil all of the parties, notwithstanding that all
of the parties are not signatory to the original or the same counterpart.
499948
Page: 2 of 3
� 11 111�1 1111111111111111111111111 (I111 07121/2004 10:22A
SILVIA DAVIS PITKIN COUNTY CO R 16 00 D 0 00
IN WITNESS WHEREOF., the parties have signed this Amendni.eni effective the
day and year first. wl'itt.en above.
CITY OF ASPEN, a municipal coipoi-ation:
741i
Prjri/(.Nam.c-.
'Fitle:
ATTEST:
City Cie
LAND WIN*
BUIZT0 "13. K.APLAN
ASPEN Qy�, LLC
34
Charles Kaplan, Manager
-1
STATE 01" -d .f
COUNTY OF
Ar,Ilnnwjj-A-1-1.@ Cow m
MARLENE J. NEI
Notary Public, State of Illinois
[mz-�:n.mimsion Expires Jan. 5, 20061,
My commission expires:
APPROVED AS TO FORM':
:7 'M IK
City /t1.()rncy
day of -- --------- 2004, hy
Notary
I Acknowledgement.,; Continue on Following Pagel
Q
r
499948
I`���� II 1
Page: 3 of 3
07/21/2004 10:22A
If `��� 1
SILVIA DAVIS PITKIN COUNTY CO R 16 00 D 0.00
STATE OF /va'( 'I �-/(lq/
COUNTY O.F (,;vk
Acknowledged before me this day
200/11 by
PUTER L. GLUCK..
Notary
My commission expires:
STATE Ol; Yt
)ss.
COUN I Y OF
Acknowledged before me this , 1 . day of 2
by
-C' rado litn[4 d Ial Iii
a
Charles Kaplan as manapi of Aspen K, 1,L -",a
y
Notai
My conirnission expires:
u
SECOND AMENDMENT j
TO
PRE -ANNEXATION AGREEMENT
THIS SECOND AMENDMENT TO PRE -ANNEXATION AGREEMENT (this
"Amendment") is entered into and made on March 3a, 2005, by and between the City of
Aspen, a Colorado home rule municipal corporation (the "City"); Burton B. Kaplan
("Kaplan"); Peter L. Gluck ("Gluck"); and Aspen GK, LLC ("Aspen GK") and amends
that certain Pre -Annexation Agreement among the City, Kaplan, Gluck and Aspen GK
dated March 23, 2004 that was recorded in the real estate records of Pitkin County,
Colorado on April 6, 2004 as Reception No. 496217 (the "Original Agreement') and First
Amendment thereto dated July 20, 2004 that was recorded in the real estate records of
Pitkin County, Colorado on July 21, 2004 as Reception No. 499948 (the "First
Amendment'; . and together with the Original Agreement, the "Pre -Annexation
Agreement"). Capitalized terms used in this Amendment that are not defined have the
meanings ascribed to them in the Pre -Annexation Agreement. In the event of any conflict
or inconsistency between the provisions of this Amendment and the Pre -Annexation
Agreement, the provisions of this Amendment shall govern and control.
1. AH Project. The City has approved the Phase Two Land -Use Application
in a manner acceptable to Landowners as evidenced by Ordinance No. 1, Series of 2005,
a copy of which is attached hereto as Exhibit "A" ("Ordinance 1"). The parties'
respective rights and obligations with respect to the AH Project shall be governed by
Ordinance 1. To the extent of any conflict between Section 9 of the Pre -Annexation
Agreement and Ordinance 1, the terms of Ordinance 1 shall govern and control.
2. CitOption to Purchase Conservation Easement. Section 6(a) of the Pre -
Annexation Agreement is amended to provide that the CE Option Period shall expire on
July 1, 2005 (i.e., in order for the City to exercise its option to purchase a conservation
easement on Lot Three, the City must deliver written notice of exercise to the
Landowners by no later than July 1, 2005).
3. Binding Effect. Each of the City, Kaplan, Gluck and Aspen GK agree that
the Pre -Annexation Agreement, as amended herein, is in full force and effect.
4. Facsimile, Counterparts. A facsimile, telecopy or other reproduction of
this Amendment may be executed by the parties and shall be considered valid, binding
and effective for all purposes. At the request of either party, the parties agree to execute
an original of this Amendment as well as any facsimile, telecopy or other reproduction.
This Amendment may be executed in several counterparts and, after execution and as
executed, shall constitute a contract binding on all of the parties, notwithstanding that all
of the parties are not signatory to the original or the same counterpart.
I��I�I IIIIII1I I I�� p 08502 : 1 011
03/3I �II Ili�� �II� loll 3/31/2005 0 2.361
SILVIA DAVIS PITKIN COUNTY CO R 56.00 D 0.00
IN WITNESS WHEREOF, the parties have signed this Amendment effective the
day and year first written above.
CITY OF ASPEN, a municipal corporation:
Print ame: S-
Title. C'.--7e7
ATTEST:
City Clerk
ASPEN GK, LLC
By:
Charles Kaplan, Manager
APPROVED AS TO FORM:
gAe 1 tom
re
L
,
ETER L. GLU
[Acknowledgements on Following Pages]
508502
63g/31/2005 02:361
l ly 1�1�
II1111111 `IILVIAll .00
I D 0
SILVSf3 DAMS PITKIN COUNTY CO R 56.00
,.2
STATE OF )
LEM]
Comm.'.ary te
)ss.
COUNTY OF )
Acknowledged before me this day of /K, 2005, by
BURTON B. KAPLAN. ,
My commission expires:
STATE OF
COUNTY OF
Acknowledged before me this
PETER L. GLUCK.
My commission expires:
STATE OF
)ss.
q4z�1�arr
day of 200 by
se"
Not /1'
' V V,� M
NOtZaY
flaw YCA
r oc K County
COUNTY OF ) Comrnt �.i r'
Acknowledged before me this day of / v vl a-ry 2005 by
Charles Kaplan as manager of Aspen GK, LLC, lorado limited liability company.
Nota DUCK A; 09
My commission expires: " `'.; r •W rwK
• . ^r county
York Count!
V
508502
Page: 3 of 11
III II� IIIII IIII III 03/31 /200
SILVIA DAVIS PITKIN COUNTY CO 5 02.361
R 36.00 D 0.00
EXHIBIT "A"
ORDINANCE NO. 1
(SERIES OF 2005)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE LITTLE
AJAX AFFORDABLE HOUSING CONSOLIDATED PUD AND ASSOCIATED
LAND USE REQUESTS TO CONSTRUCT A FOURTEEN (14) UNIT
AFFORDABLE HOUSING PROJECT ON LOTS 1 AND 2, OF THE LITTLE AJAX
SUBDIVISION/PUD, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Applicants, Aspen GK, LLC, Burton B. Kaplan, Peter L. Gluck,
represented by Joseph Wells Land Planning, submitted an application requesting rezoning,
subdivision, a subdivision exemption for a lot line adjustment, condominiumization, a
consolidated conceptual/final PUD, GMQS exemptions for affordable housing, variances from
the residential design standards, and special review to establish the affordable housing parking
requirements on Lots 1 and 2 of the Little Ajax Subdivision/PUD; and,
WHEREAS, pursuant to Land Use Code Section 26.304.060(B), Combined Reviews,
the Community Development Director in consultation with the applicants has concluded that a
combined review of the land use requests associated with this application would reduce
duplication and ensure economy of time, expense, and clarity; and,
WHEREAS, upon review of the application and the applicable code standards, the
Community Development Department recommended approval of the proposal, with conditions;
and,
WHEREAS, during a continued public hearing on January 4, 2005, the Planning and
Zoning Commission reviewed the proposed Consolidated Conceptual/Final PUD and associated
land use requests and approved Resolution No. 1, Series of 2005, recommending that City
Council approve the proposed sixteen (16) unit affordable housing project on Lots 1 and 2, of the
Little Ajax Subdivision; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed
and considered the recommendation of the Planning and Zoning Commission, the Community
Development Director, the applicable referral agencies, and has taken and considered public
comment at a public hearing; and,
WHEREAS, during a duly noted public hearing on January 24, 2005, the Aspen City
Council reviewed the proposed Consolidated Conceptual/Final PUD and associated land use
requests and approved Ordinance No. 1, Series of 2005, approving a modified version the
proposal to construct a fourteen (14) unit affordable housing project on Lots I and 2, of the Little
Ajax Subdivision; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds all
applicable development standards and that the approval of the development proposal, with
conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
4'
508502
` ll 11ff ,11 f Il11!!I 03y/31/2005 02:351
1 flHllllll I 4!!ll!!!ll!!11!!
SILVIA DAVIS PITKIN COUNTY CO R 56.00 D 0.00
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City
Council hereby approves the Little Ajax Affordable Housing PUD and all of the necessary
associated land use actions to construct a fourteen (14) unit affordable housing development on
Lots 1 and 2, of the Little Ajax Subdivision, with the conditions contained herein:
Section 2: Rezoning to AHIPUD
Pursuant to the procedures and standards set forth in City of Aspen Land Use Code Section 26.310,
Amendments to the Land Use Code and Official Zone District Map, City Council hereby rezones
Lots 1 and 2, of the Little Ajax Subdivision/PUD to the AH/PUD Zone District.
Section 3: Subdivision/PUD Plat and Agreement
The Applicant shall record a subdivision agreement that meets the requirements of Land Use
Code Section 26.480 within 180 days of approval. Additionally, a final Subdivision/PUD Plan
shall be recorded in the Pitkin County Clerk and Recorder's Office within 180 days of the final
approval and shall include the following:
a. A final plat meeting the requirements of the City Engineer and showing: easements,
encroachment agreements and licenses (with the reception numbers) for physical
improvements, and location of utility pedestals.
b. An illustrative site plan of the project showing the proposed improvements, landscaping,
parking, and the dimensional requirements as approved.
C. A drawing representing the project's architectural character.
Section 4: Building Permit Application
The building permit application shall include the following:
a. A copy of the final Ordinance and recorded P&Z Resolution.
b. The conditions of approval printed on the cover page of the building permit set.
C. A completed tap permit for service with the Aspen Consolidated Sanitation District.
d. A tree removal permit as required by the City Parks Department and any approval from
the Parks Department Director for off -site replacement or mitigation of any removed trees.
The tree removal permit application shall be accompanied by a detailed landscape plan
indicating which trees are to be removed and new plantings proposed on the site.
e. A drainage plan, including an erosion control plan and snow storage runoff plan,
prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on -
site during and after construction. If a ground recharge system is required, a soil
percolation report will be required to correctly size the facility. A 5-year storm frequency
should be used in designing any drainage improvements.
I I!lIII ! 508%02
lIII! Page: of 11
!11!! IIIII!!1!1 !N!I Ill!! III IIIl1 lR 56llll!!1 03/31D 0/20
SILVIA DAVIS PITKIN COUNTY CO .0 02.361
.00 00
A construction management plan pursuant to the requirements.
A fugitive dust control plan to be reviewed and approved by the Environmental Health
Department
Section 5: Trails
The Applicant shall grant a permanent trail easement meeting the approval of the City of Aspen
Parks Department along the eastern property line connecting the Midland Trail with the W.
Hopkins Trail prior to recordation of the final subdivision/PUD plat.
Section 6: W. Hopkins Avenue Curb and Gutter
The Applicant shall construct curb, and gutter along the West Hopkins Avenue frontage of the
property being subdivided prior to issuance of a certificate of occupancy for any of the units in
the project. The timing of this installation may be changed if approved by the City Engineer.
The driveway access shall meet the City Engineering Department's standards for drive ramps. If
the W. Hopkins Trail is altered during construction, the Applicant shall repair the trail to the
condition it was prior to construction.
Section 7: Landscapine
The Applicant shall install a tree root barrier on the trees that are to be planted within ten (10)
feet of the W. Hopkins trail to prevent future root damage and trail upheaval. The Applicant
shall also install tree saving construction fences around the drip line of any trees to be saved
subject to the following provisions:
a. The City Forester or his/her designee must inspect this fence before any construction
activities commence.
b. No excavation, storage of materials, storage of construction equipment, construction
backfill, foot or vehicular traffic shall be allowed within the drip line.
Section S: Soil Subsidence and Rock Fall Hazards
The Applicant shall submit geotechnical and soil stability reports performed by a qualified,
licensed engineer demonstrating the land is suitable to handle the proposed development. The
Applicant shall also submit a report from a qualified, licensed engineer demonstrating that rock
fall from the slope above the proposed development will be sufficiently mitigated to prevent rock
fall hazards. The Applicant shall also contact a specialist to conduct a geophysical investigation
regarding the location of the mineshaft in order to determine the potential for subsidence. This
report shall be submitted for review by the Community Development Department prior to the
issuance of full structural building permits.
Section 9: Mine Waste
The Applicant shall provide prior to submitting a building permit application, the City with a
mine waste testing and handling plan that complies with the following conditions of approval as
memorialized in Ordinance No. 25, Series 1994 regarding the handling of any contaminated soils
encountered on the property:
a. Any disturbed soil or material that is to be stored above ground shall be securely
contained on and covered with a non -permeable tarp or other protective barrier approved
508502
111 Il!lIII!lflllll!!!! 03�/ 3 t / 2005 02 : 361
SILVIA WVIS PITKIN COUNTY CO R 56.00 0 0.00
by the Environmental Health Department so as to prevent leaching of contaminated
material onto or into the surface soil. Disturbed soil or material need not be removed if the
City's Environmental Health Department finds that: 1) the excavated material contains less
than 1,000 parts per million (ppm) of total lead, or 2) that there exists a satisfactory method
of disposal at the excavation site. Disturbed soil and solid waste may be disposed of
outside of the site upon acceptance of the material at a duly licensed and authorized
receiving facility.
b. Non -removal of contaminated material. No contaminated soil or solid waste shall be
removed, placed, stored, transported or disposed of outside the boundaries of the site
without having first obtained any and all necessary State and/or Federal transportation and
disposal permits.
C. Dust suppression. All activity or development shall be accompanied by dust suppression
measures such as the application of water or other soil surfactant to minimize the creation
and release of dust and other particulates into the air.
d. Vegetable and flower gardening and cultivation. No vegetables or flowers shall be
planted or cultivated within the boundaries of the site except in garden beds consisting of
not less than twelve (12) inches of soil containing no more than 999-ppm lead.
e. Landscaping. The planting of trees and shrubs and the creation or installation of
landscaping features requiring the dislocation or disturbance of more than one cubic yard
of soil shall require a permit as provided in Section 7-143 (4).
f. Any contaminated soil or mine waste rock to be left on -site shall be placed under
structures or pavement. Soils used in landscaped areas or engineered fills shall be covered
by a minimum of 1 foot of clean soil that contains less than 1,000 ppm lead.
Section 10: Septic System
In the event that the Applicant encounters an existing septic system or any part thereof, the
Applicant shall provide a handling and waste disposal plan that complies with City
Environmental Health Department requirements for the abandonment of said septic system.
Section 11: Fire Mitigation
The Applicant shall install a fire sprinkler system and alarm system that meets the requirements
of the Fire Marshal. The water service line shall be sized appropriately to accommodate the
required Fire Sprinkler System. Use of charcoal grills shall be prohibited in this development
because of fire danger concerns. This prohibition shall be included in the HOA documents for
the development.
Section 12: Water Department Requirements
The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and
with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of
the Aspen Municipal Code, as required by the City of Aspen Water Department. The Applicant
shall also enter into a water service agreement with the City and complete a common service line
agreement. Each unit shall have individual water meters. Additionally, the Applicant shall tap
the water service line from the building into the six (6) inch diameter water main located in W.
Hopkins Avenue. Water tap fees in the estimated value of $72,775.50 shall be waived, but well
7
II Illll IIIII Illlll IIIII III IIIII IIII IIII Page: 7 of 11
03/31/2005 508502 02. 361
IIIIIIIIIIIIIIlI
SILVIA DAVIS PITKIN COUNTY CO R 56.00 0 0.00
development charges and a payment in lieu of water rights dedication shall not be waived and
shall be paid in full prior building permit issuance.
Section 13: Aspen Consolidated Sanitation District Requirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. No clear water connections (roof, foundation, perimeter drains) to ACSD lines shall
be allowed. The interior driveway and carport parking areas shall not be connected to the
sanitary sewer system. (Improvements below grade shall require the use of a pumping station).
Cottonwood trees shall not be planted within five (5) feet on either side of the main sewer line.
Section 14: "Efficient Building" Requirements
The Applicant shall obtain a score of at least 130 points under the Aspen/Pitkin County Efficient
Building Program. Such scoring shall be confirmed through the review of construction drawings
at the time of building permit application submittal. A building permit shall not be issued unless
the project meets this 130 point score. Change orders to the original building permit shall not
reduce the projects score below 130 points.
Section 15: PM-10 Mitigation
The Applicant shall mitigate for the anticipated PM-10 generation by providing the following:
a) The homeowner's association shall join the Transportation Options
Program.
b) Secure, covered bike storage shall be provided.
c} Providing a permanent trail easement along the eastern edge of the
property to link the W. Hopkins Avenue Trail to the Midland Trail as described in Section
5 of this ordinance.
Section 16: Maintenance of Rock Fall Mitigation
The City shall grant an easement to benefit the Little Ajax Affordable Housing Homeowner's
Association at the time that the City purchases a conservation easement on Lot 3 of the Little
Ajax Subdivision for the development of rockfall protection consisting of bruge fencing and
berms. Additionally, the City shall grant an access easement benefiting the Little Ajax
Affordable Housing Homeowner's Association across the southern portion of Lot 3 for the
purpose of allowing the Homeowner's Association to complete routine maintenance on the
rockfall mitigation elements to be constructed on Lot 3. The Homeowner's Association shall be
responsible for maintaining the rockfall mitigation measures to be installed on Lot 3 of the
subdivision.
Section 17: Dimensional Requirements
The dimensional requirements established in this PUD are as follows:
Description of Dimensional Approved Dimensional
Requirement Requirements For the affordable
housing development (To be
constructed on the land known as
Lots 1 & 2 of the Phase 1 Little Ajax
Minimum Lot Size 1 6,000 SF {
11� l 508502
flll��l Page: a of 11
IIIINIII Illlll(I IIII llllll �IIIIiII IIff j
�� IIII li�l 03/31
SILVIA DAVIS PITKIN COUNTY CO R 56.00 0 00. 02.361
,00
Minimum Lot area per dwelling
unit
1,000 SF for every 2-bedroom Unit
1,500 SF for eve 3-bedroom Unit
Minimum Lot Width
135 Feet
Minimum Front Yard (W. Hopkins
Frontage) Setback
Ten (10) Feet
Minimum Side Yard Setback
Five (5) Feet
Minimum Rear Yard Setback
Ten 10) Feet
Maximum Site Coverage
50% (13,298 Square Feet of Structure
Footprint)
Maximum Height
35 Feet
Minimum Percent Open Space
25% of Lots 1 and 2 are not to be
covered w/ Structure Footprint
Allowable External FAR
.82:1 (21,628 SF)
Minimum Off -Street Parking
1.78 Parking Spaces per Unit (25 Total
Parking Spaces)
Section 18: Sale of Housing Units
All of the units shall be sold through the Housing Lottery process with the exception of one of
the units. The developer shall have the ability to choose the first purchaser of one of the units
within the development, but the person chosen must meet all of the top -priority requirements
established in the affordable housing guidelines. If the person chosen by the developer is single,
they may only purchase the two -bedroom unit.
Section 19: Deed Restrictions
The Applicant shall record a deed restriction on the units prior to issuance of a certificate of
occupancy on any of the units within the development.
Section 20: Park Development Impact Fees
Park Development Impact Fees of $49,967.00 shall be assessed. Amendments to the Project or to
the fee schedule adopted prior to issuance of a building permit shall require a new calculation.
The following fee total is based on the current fee schedule:
Park Fees -Proposed Development:
13 (three -bedroom employee housing units) multiplied by $3,634 per unit = $47,242
1 (two -bedroom employee housing unit) multiplied by $2,725 per unit = $2,725
Total: $49,967
Section 21: School Land Dedication Fees
School Land Dedication Fees shall be assessed on the proposal pursuant to Land Use Code
Section 26.630, School Lands Dedication, and shall be due at the time of building permit
issuance. The Applicant shall have an appraisal done and the fee shall be calculated on Lots 1
and 2 of the Subdivision prior to obtaining a building permit for any of the units within the
development.
Section 22: Exterior Lighting
All exterior lighting shall meet the City's Lighting Code Requirements pursuant to Land Use
Code Section 26.575.150, Outdoor Lighting.
9
IIIII IIIIIIlIII� IIIII �ll�i I I I I I I IIIII III IIIII IIII I IPage: 9 of 508502
11
03/31/2005 02.361
II
SILVIA DAVIS PITKIN COUNTY CO R 56.00 D 0.00
Section 23: Previous Approvals
Phase 1 Development Approvals to construct the single-family residences on Lots 1 and 2 of the
Little Ajax Subdivision shall be null and void upon recording a plat for the Phase 2 development
approvals.
Section 24: Wildlife Trash Containers
The Applicant shall install a wildlife -proof trash container meeting the requirements of the
Environmental Health Department.
Section 25: Condominiumization
The Applicant shall record a condominium plat when nearing completion of the development.
The condominium plat shall be reviewed administratively pursuant to Land Use Code Section
26.480.090, Condominiumization.
Section 26: City Subsidy
The City shall subsidize the project at a rate of $89,000 per bedroom, minus the dollar amount of
the discount provided on the water tap fees.pursuant to Section 12 of this ordinance and the City
shall also buy -down four of the three -bedroom units from Category 4 to Category 3 at the time of
sale of the four (4) units. The total subsidy amount that shall be provided by the City is
calculated as follows:
$89,000 multiplied by 41 total bedrooms = $3,649,000.00
$3,649,000.00 minus $72,775.50 (Value of Water Fee Waiver) = $3,576,224.50
$3,576,224.50 plus $352,000 ($88,000 multiplied by 4 units to buy -down four (4) units from
Category 4 to Category 3) = $3,928,224.50
However, the value of the water tap fee waiver is an estimate that is subject to change based
upon the submittal of final utility drawings at the time of building permit. The City Zoning
Officer shall calculate the final subsidy amount at the time of building permit review after
obtaining the final value of the of the water tap fee waiver from the City Water Department.
Section 27:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be construed and concluded under such prior ordinances.
Section 28:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 29•
A public hearing on the ordinance shall be held on the 24th day of January, 2005, in the City Council
Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public
notice of the same shall be published in a newspaper of general circulation within the City of Aspen.
10
{I 508502
Page: M f 03//31/2005021361
II{{II{{l{i{Illl fll{I{III lit{
{ll{
SILVIA DAVIS PITKIN COUNTY CO R 56.00 0 3.00
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 1 Oth day of January, 2005.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this 24th day of January, 2005.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
�IIIII fllll II��II Il�lf III I 508502
I�IIII IIII� I{I IIIIII I 03/31 /2005f0 :
1 � IIII 2.36f
SILVIA DAVIS PITKIN COUNTY CO R 56.00 D 0.00
ll .
PARCEL 1 LEGAL. DESCRIPTION
RECEPTION NO. 439388
10 SA TRACT OF LAND SITUATED IN THE SOUTHEAST QUARTER OF SECTION 12 TOWNSHIP
OF ASPEN' TN�&1.85 (2a/Sk/®FMpRTNAt ASHP.MNGTON3�LODEART 8FCIH'EoING TU.SNM.TNONSITE
AN 5793
D THE t'IARY B. NO, 2 LODE MINING CLAIM U.S.M,S. NO. 19640, DESCRIBED AS FOLLOWS:
BEGINNING AT CORNER NO. I OF THE SAID M,W. LODE WHENCE CORNER NO. 8 OF SAID TOWNSITE
OF ASPEN BEARS 06O'S8'30'E 3 268.56 FEET:
MTHENCyEEE���yNN77�6'38'E C3.70 FEET ALONG LINE 1-5 OF SAID M.W. LODE, TO THE TRUE POINT OF
R 42,40
INTERSECTIONOFTHE SAIDEET TO SOUTH HOPKINS
Ii6NOF THE THE MARYTB�F
LODE MINING CLAIM U.S.M.S, Ho. 5792 (UNPATENTED) BEARS N75.09'il'W 6OF T FEET:
EXTENSION5TO9THIE NORTHWESTERLY CORNERSOFDLOTUA, BLOCKOF HOPKINSDSCRTYTANDDTOWNSITE
OF ASPEN:
SAIDTHENCEI.SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT A. 66.77 FEET TO LINE 3-4 OF
THENCTHENCE S55'16'E 66.69 FEET ALONG SAID LINE 3-4 TO CORNER 4 OF SAID M.W. LODE:
E S7F'38'W 196-OSER 5 OF 5-1 OFSAIDM.W. TO THE TRUE POINT OF
�EG)NNING.
AND
THE SOUTHERLY 20 FEET OF LOTS A, 8, 6 C, BLOCK 32, CITY AND TOWNSITE OF ASPEN
EXCEPT THOSE TRACTS OF LAND LYING WITHIN THE ABOVE PARCELS A AND 8 CONVEYED BY
STANFORD H. JOHNSON TO LOST DIAMOND INC. BY DEED RECORDED NOVEMEBtR 171986
IN BOOK 522 AT PAGE 836 AND MAY 25,'1988 IN BOOK 564 AT PAGE 863. ,
THIS PARCEL LIES ENTIRELY WITHIN THE CITY AND TOWNSITE OF ASPEN
SCALE
I INCH - 20 FEET
0 10 20 30 40
�Fti •�
L N • NQMBERtb. IBLOCK
r PAI���L 1
0
�'f4s'� ,0 MR; ASPEN CK 1 LL C '
AREA 8I213 SO FT.
t
WEST HOPKINSANNEX17719N: AP T THE- CITY 1A SPJIJry1 T
l! lLt7' ._ ;.�3 Ma "'LfP ;rqe t . s.�1 w mum,
I
�?O.
;30p /
sw /
PARC( `L 2 LEGAL DE S, ,R I PT I ON
RECEPTION NU.
qF
A TRACT OF LAND SITUATED IN THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP IO SOUTH
- RANGE 85 W OF THE-6th P°M, -COUNTE` L.ORADO THE -M:W (-aka MARTHA WASHFNGTOII)
0 T LODE M)NINAIM U.5.M°S. NO5793 D. S793 ESCRIBEd _ ;'FOLLO*S: •
v
BEGINNING AT CORNER N0, 2 OF SAID M.W. LODE MINING CLAIM WHENCE CORNER NO. 8 OF TOWNS)TE w
1
OF ASPEN COLORADO BEARS S60'58°30'E 3268.56 FEET: � •,•;;.'.'.'. '
THENCE Nt6.38'£ 6376 FEET ALONG LINE I-5 OF SAID M.W. LODE MINING CLAIM TO THE TRUE Z l CITY
.e:1.47 FEET TO LINE 7-8 OF THE ASPEN TOWNSITE: /,' B OUNDAR
TTHENCE S55.16'E ALONG SAID LINE 7-8 OF THE TOWNSITE OF ASPEN 223.15 FEET: M /
HENCE S76.38-w ID6.05 FEET TO THE TRUE POINT OF BEGINNING. /
AND � w
A PARCEL OF LAND BEING PART OF LOT 17, SITUATED IN SECTION 12 TOWNSHIP 10 SOUTH RANGE 85 h R OFSLINE 2-I3 OFhMW°EpOELSURVEYONO. 5793,FWHIICHASSEFURTHERSOESCRRBEDBOUNAS DARY AND AORTHWESTERLY m ^ e CEL `
N - WAS n
BEGINNING AT THE INTERSECTION OF SAID ASPEN BOUNDARY AND LINE 2-3 ALSO BEING THE NORTHEAST le C-i
cc o Z O WNER: BURTON B. KAPLAN s •` I
CORNER OF AT T E I 17: ,
THENCE S76'38'00'W 14,85 FEET ALONG SAID LINE 2-3 TO THE SOUTHEAST CORNER OF LOT 17: RECEPTION N0. 439385 �\.• /
THENCE N55.20°24'W 4.74 FEET ALONG SAID LOT 17 SOUTHERLY BOUNDARY: Q ~ 29 \
THENCE NO2'26'00'E 13.08 FEET TO A POINT ON SAID ASPEN BOUNDARY: iv THENCE 5THE POINT
F BEG FEET ALONG SAID ASPEN BOUNDARY TO THE NORTHEAST CORNER OF SAID 0-
LOT S-
i7, THE POINT OF BEGINNING. N N ti j
ss, `• /
�q, •.a 0WNER: PEI TE.R L. -C
OWNER'S CONSENT RECEPTION NO. ,39386
KNOW ALL MEN BY THESE PRESENTS THAT BURTON B. KAPLAN BEING THE OWNER OF THE ABOVE DESCRIBED �� PARCEL 2 HEREBY CONSENTS TO THE ANNEXATION OF THIS PARCEL TO THE CITY OF ASPEN. AREA - 46,590 SO.FT. Bs, �'O� moo•
S I GNED TH I S DAY OF , 2000. ��ti �•
STATE OF COLORADO )
OUTSIDE CITY LIMITS
COUNTY OF PITKIN
j � � \ ���� \ •o �\
THE FOREGOING OWNER'S CONSENT WAS ACKNOWLEDGED BEFORE ME THIS - DAY OF 2 ANNEXATION �® a•• ��``
WITNESS BURTON B. KAPLAN OFFICIAL OF PARCEL 2. .000 ; BOUNDARY
MEXP IIREOFFICIAL SEAL
NOTARY PUBLIC
PARCEL 3 LEGAL DESCRIPTION
RECEPTION NO. 439386
LOT 18 AND M.S. 7329, SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 5th P.M.
OWNER'S CONSENT
KNOW ALL MEN BY THESE PRESENTS THAT PETER L. GLUCK BEING THE OWNER OF THE ABOVE DESCRIBED
PARCEL 3 HEREBY CONSENTS TO THE ANNEXATION OF THIS PARCEL TO THE CITY OF ASPEN.
SIGNED THIS _ DAY OF 2000.
STATE OF COLORADO )
COUNTY OF PITKIN ja$
THE FOREGOING OWNER'S CONSENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF
BY PETER L. GLUCK AS OWNER OF PARCEL 3. , 2000
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES:
NOTARY PUBLIC
ACCORDING TO COLORADO LAW 'tOU MUST C019ENCE ANY LEGAL ACTION
BASED UPON ANY DEFECT IN THIS PLAT WITHIN THREE YEARS AFTER YOU
FIRST DISCOVERED SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED
UPON ANY DEFECT IN THIS PLAT BE COMENCED MORE THAN TEN YEARS
FROM THE DATE OF THE CERTIFICATION SHOWN HEREON.
CDR I
M.W. LODE
(63�
VICINITY MAP
SCALE 1'-400' REPRODUCED FROM CITY G.I.S. MAP
ANNEXATION DESCRIPTION •°
A TRACT OF LAND SITUATED IN THE SOUTHEAST QUARTER OF SEC`!'IGN 11
TOWNSHIP 10 SOUTH RANGE 85 WEST OF THE 6th P.M. PITKIN COUNTY
(a%k/a®"RTBHA WASHPNGTONNLODE) GOVERNMENT
579317'MINIINGMCLA?4i(OD',S,M:S.
7329 AND GOVERNMENT LOT 18 ALL As SHOWN ON TelE BUREAU OF LAND
MANAGEMENT DEPENDENT RESURVEY AND SURVEY OF TOWNSHIP 10 MOUTH
RANGE 65 WEST, OF THE 6th F.M. APPROVED FEB. 14, 1980 DE3CRiRD
AS FOLLOWS:
ANNEXATION BEGINNING AT CORNER NO. 5 OF SAID M.W. LODE MINING CLAIM
THENCE N76.38'E 63.70 FEET ALONG LINE 1-5 OF SAID M.W. LODE MINING
BOUNDARY CLAIM TO THE TRUE POINT OF BEGINNING:
THENCE N 02'26'E 325.12 ALONG THE EASTERLY LINE OF LUT 2
CORNER 5 MARY B. SUBDIVISION TO LINE 7-& OF ASPEN TOWNSITE (RECORr DIStANCE 321:47'):
M.W. LODE THENCE S 55.17'06-E 399.74 FEET ALONG SAID LINE 7-8 ASPEN TOWNSITE
1g6,o5°�' TO.THE EASTERLY CORNER OF GOVERNMENT LOT IS:
CS T6'38 w THE SOUTHERLY 68INES OF-GOVV5.29 ERNMENTELOTN18"AND*M.S2473292TO INEE4r5LONG
OF THE M.W. LODE:
S T6�23 IS-W THE M.W. S 2'26'00'W 138.95 FEET ALONG LINE 4-5 TO CORNERN0. 5 OF
196
'21 THENCE S76'38'W 196.05 FEET ALONG LINE 5-1 OF THE M_W. LODE TO
TRUE POINT OF
THE TRUE POINT OF BEGINNING (SAID COURSE CALCULATES TO BE S76'23'15-W BEGINNING 196.21 FEET).
COUNTY OF PITKIN
STATE OF COLORADO
THIS LEGAL
`1NE ,' w L00E. NO.43TE 9385 ANSCDAFIRCELL'K3NCONVEYEDEBY RECRL EPTION NO.24393d6TD7 THY
ER CALTION
4
pn
m
PERIMETER OF ANNEXATION ",227.35°
CONTIGUITY WITH PRESENT399.74' - 3.07 < 6
CITY LIMITS
f
CITY COUNCIL APPROVAL
THIS MAP OF THE WEST HOPKINS ANNEXATION TO THE CITY OF ASPEN WAS
APPROVED BY THE CITY COUNCIL OF )'HE CITYOF ASPEN PITKIN
COUNTY, COLORADO RY ORDINANCE No. SERIES OF 2600 PASSED
THIS -_ DAY OF �„__._.. 2000 AND RCCOR'a)ED IN THE REA(. ESTA4.
RECORDS OF PITKIN COU tY AS REC_1'T(vN NC. „
SIGtl-D 'xHIS _ DAY OF 2000.
RACREL RICHARDS, MAYOR ATTEST: KATHRYN KOCN, CITY CLFTT,
CITY ENGINEER'S APPP,OVAI_
THIS ANNEXATIOW MAP HAS BEEN REVIEWED AND APPROVED FOR RECORDING
BY THE CITY OF ASPEN ENGINEERING DEPARTMENT..
SIGNED THIS - DAY OF .-, 2000.
NICK ADEN, CITY ENGINEER
SURVEYOR S CERTIFICATE
O� COLORADO MHEREBY'CERTIIFYSTHATDTHAISDANNEXATION)MAP`yWASTPREPARED BY ME FROM,tHE LEGAL DOCUMENTS SHOWN HEREON AND FROM A TITLE
POLICY ISSUED BY PITKIN COUNTY TITLE INC, NO. 1312-161455
DATED JAN. 10, 2000 AND IS ACCURATE tO THE DEST OF MY KNOWLEDGE AND BELIEF.
SIGNED THIS _ DAY OF 2000°
DAVID W. MCSRIDE RLS 16129
CLERK & RECORDER'S ACCEPTANCE
THIS PLAT IS ACCEPTED FOR RCORDING IN THE OFFICE OF THE
CLERK AND RECORDER OF PITKIN COUNTY COLORADO kT __O'C(.00K
M. THIS DAY OF , 2000 IN PLAT BOOK
AT PAGE AS RECEPTION NUMBEI;
CLERK 6 RECORDER
PREPARED BY
ASPEN ,SURVEY ENGINEERS. INC.
210 S. GALENA STREET
P.O. BOX 2506
ASPEN, COLO. 81611
PHONE/FAX ((970) 925-3816
REVISED APRIL 25, 2000
JOB NO 25024E MARCH 24, 2000
Postage
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage s Fees
$ Coo
G
F� r
!,,
1(i .a
20D9
•/ n O
O�j v(�
.(
` `
$ 4, CO
Street, Apt. N. " 5 ^ O r �j M A -,h
or PO Box No. 3 (i r � �
S ------ K ---- ---- ---- ------ -----------------
-
Z;ty State, Z,P.4 - �' o � c� U
I W ,
,ertified Mail Provides: •
A mailing receipt
1 A unique identifier for your mailpiece
A signature upon delivery
A record of delivery kept by the Postal Service for two years
mportant Reminders:
Certified Mail may ONLY be combined with First -Class Mail or Priority Mail.
Certified Mail is not available for any class of international mail.
i NO INSI_!RANCE COVERAGE IS PROVIDED with Certified Mail. For
valuabl d.(„^ider Insured or Registered Mail.
For an�Equitionai lee, a Return Receipt may be requested to rovide proof of
delivery:+ o obtain Return Receipt service, please complete and pattach a Return
Receipt(R,S Form 3811) to the article and add applicable postage to cover the
fee. Endorse mailpiece " Returnfleceipt Requested". To receive a fee waiver for
a duplicate return receipt,'.a USPS postmark on your Certified Mail receipt is
required.
For an ad£iitional fee,delivery may be restricted to the addressee or
addressee's' authorized agent. Advise the clerk or mark the mailpiece with the
endorsement "Restricted Delivery".
If a postmark on the Certified Mail receipt is desired, please present the arti-
cle at the post office for postmarking. If a postmark on the Certified Mail
receipt is not needed, detach and affix label with postage and mail.
MPORTANT: Save this receipt and present it when making an inquiry.
IS Form 3800. January 2001 (Reverse) 102595-02-M-0452
Postage
$ rS"s\
Certified Fee
QO�%
V
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees
I�Pbstm
Her
N31
' 2
$ rL AIJ(M
►ilP 4F it mo-i Lo PJ� Cor-t-41) JSt
----------- ------------------------------------------------------------------
Apt. No.; or PO Box No.
:> 4 , t` L h"-N S;
tat ZIP+ 4
Certified Mail Provides:
■ A mailing receipt
Is A unique identifier for your mailpiece
■ A signature upon delivery
In A record of delivery kept by the Postal Service for two years
Important Reminders:
■ Certified Mail may ONLY be combined with First -Class Mail or Priority Mail.
in Certified Mail is not available for any class of international mail.
in NO INSURANCE COVERAGE IS PROVIDED with Certifi For
valuables, please consider Insured or Registered Mail.
in For an additional fee, a Return Receipt may be requested to provide proof of
delivery. To obtain Return Receipt service, please complete and attach a Return
Receipt (PS Form 3811) to the article and add applicable postage to cover the
fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for
a duplicate return receipt, a USPS postmark on your Certified Mail receipt is
required.
■ For an additional fee, delivery may be restricted to the addressee or
addressee's authorized agent. Advise the clerk or mark the mailpiece with the
endorsement "Restricted Delivery'.
in If a postmark on the Certified Mail receipt is desired, please present the arti-
cle at the post office for postmarking. If a postmark on the Certified Mail
receipt is not needed, detach and affix label with postage and mail.
IMPORTANT: Save this receipt and present it when making an inquiry.
PS Form 3800, July 1999 (Reverse) 102595-99-M-1938
FU
u7
0
M Postage
$ O
t
CO
n
/ 3
GGG«< •J
�
u) Certified Fee
Q `�
B
Return Receipt Fee
(Endorsement Required)
[�st r�
19 Here J
0
o Restricted Delivery Fee
o (Endorsement Required)
2U(/ o3
(/SPS
S
I-qTotal Postage 6 Fees
$ ,6
U')
Sent To
---------------- S p E n S c-- o0
O Street, APL No.---�_ O'..--------
or PO Box No. �. _ - (c -
4�l V -
o City State, ZIP+4 �` ` 0 '0 �
N
u•r Yr�
�E i Mail Provides:
ng receipt
A unique identifier for your mailpiece
A signat pon delivery
IG Arecorlivery kept by the Postal Service for two years
rnportant Reminders:
C$rtified Mail may ONLY be combined with First -Class Mail or Priority Mail.
11
Certified A4 iisr4latrsilable for any class of international mail.
NO INSIJRCE =CbYiAGE IS PROVIDED with Certified Mail. For
valuables„please con' ured or Registered Mail.
For art additional fee, a tur Receipt may be requested to provide proof of
delivdry.°fo obtain Return ec t service, please complete and attach a Return
Receipt (PS Form 3811) t th rticle and add applicable postage to cover the
fee. Endorse mailpiece " tur Receipt Requested". To receive a fee waiver for
a duplicafk return race , a SPS postmark on your Certified Mail receipt is
required.
For an additiof1i31 ti444T elivery may be restricted to the addressee or
addressee's authorized agent. Advise the clerk or mark the mailpiece with the
endorsement "Restricted Delivery".
IN If a postmark on the Certified Mail receipt is desired, please present the arti-
cle at the post office for postmarking. If a postmark on the Certified Mail
receipt is not needed, detach and affix label with postage and mail.
MPORTANT: Save this receipt and present it when making an inquiry.
'S Form 3800,January 2001 (Reverse) 102595-02-M-0452
IU
ro
Postage $
Ln
f Certified Fee .Q
!T
Return Receipt Fee r�W�-PgH ru (Endorsement Required) '2,0M Restricted Delivery Fee
p (Endorsement Required)
M Total Postage & Fees
ru ✓✓✓
RJ Name Please Print Clearly) (To be completed by malle
m (Please
�✓1\ Cr� /�bnt-'�--�3
-------- ----------------------------------------------------------------------------------------
Street, t. No.; or fzG"ox Now.
Ir 0
M-------------------------------------------------------------------------------------------------
City, State,
Certified Mail Provides:
■ A mailing receipt
■ A unique identifier for your mailpiece
■ A signature upon delivery
■ A record of delivery kept by the Postal Service for two years
Important Reminders.
■ Certified Mail may ONLY be combined with First -Class Mail or Priority Mail.
■ Certified Mail is not available for any class of international mail.
■ NO INSURANCE COVERAGE IS PROVIDED with CertiSi =or
valuables, please consider Insured or Registered Mail.
■ For an additional fee, a Return Receipt may be requested to provide proof of
delivery. To obtain Return Receipt service, please complete and attach a Return
Receipt (PS Form 3811) to the article and add applicable postage to cover the
fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for
a duplicate return receipt, a USPS postmark on your Certified Mail receipt is
required.
■ For an additional fee, delivery may be restricted to the addressee or
addressee's authorized agent. Advise the clerk or mark the mailpiece with the
endorsement "Restricted Delivery".
■ If a postmark on the Certified Mail receipt is desired, please present the arti-
cle at the post office for postmarking. If a postmark on the Certified Mail
receipt is not needed, detach and affix label with postage and mail.
IMPORTANT. Save this receipt and present it when making an Inquiry.
PS Form 3800,Juh 190 (Reverse) 102595-99-M-1938j
Ln
IA
M
rn Postage
$ 2003
u7
Ul Certified Fee
3 O �n,.,.
Postmark
Return Receipt Fee
Here
--t-
M (Endorsement Required)
M Restricted Delivery Fee
O (Endorsement Required)
a
Total Postage & Fees $ L-,
u7 Sent To
--��-------------Akin S.�9un�Y L.(�7N1�T3�
----------------------------
M Street, Apt. No.; r rn w�
or PO Box No. sl G D'A 1 ' ' T t (I\,
O- ----------------------------- -
City, State, ZIP+4 /s �^ w _ /, ^ 4 1 r A ' I
(t LS
_ Ps Form 38uu, ,lanuary 2uut See Reverse for Instruction]
Ct d Mail Provides:
■ ng receipt
■ A unique identifier for you lailpiece
■ A signature,,upon deliJ§r.i
■ A reCord�f delivery kept ih Postal'Service for two years
Important Reminders: Z
■ Certified Mail may ONLY c bined With First -Class Mail or Priority Mail.
■ Certified Mail is not avajleble fbr any class" of international mail.
■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For
valuables, please cdrisider'Insured or Registered Mail.
■ For an additional fee, a Return Receipt may be requested to provide proof of
delivery. To obtain Return Receipt service, please complete and attach a Return
Receipt (PS Form 38111 to the article and add applicable postage to cover the
fee. Endorse mailpiece 'Return Receipt Requested". To receive a fee waiver for
a duplicate return receipt, a USPS postmark on your Certified Mail receipt is
required.
■ For an additional fee, delivery may be restricted to the addressee or
addressee's authorized agent. Advise the clerk or mark the mailpiece with the
endorsement "Restricted Delivery".
■ It a postmark on the Certified Mail receipt is desired, please present the arti-
cle at the post office for postmarking. If a postmark on the Certified Mail
receipt is not needed, detach.and affix label with postage and mail.
IMPORTANT: Save this receipt and present it when making an inquiry.
-S Form 3800, January 2001 (Reverse) 102595-02-M-0452
W f/ & /
r
Postage
$
SdsD/7�
Certified Fee
1.40
Retum Receipt Fee
(Endorsement Required)
��
rRestricted
Delivery Fee(Endorsement Required)�
Total Postage & Fees
$
0�
Name (PI a Print CI ar1y) (To be completed b mailer)
M19 0�� UK'v4 �
------------------------------------------------------------------------------
Street, Apt. No.; or PO Box No.
----------O A9 � 'V
O` . •-
City, State, ZIP+ 4 ��� Co
'� L (o{
Certified Mail Provides:
■ A mailing receipt
■ A unique Identifier for your mailpiece
■ A signature upon delivery
■ A record of delivery kept by the Postal Service for two years
Important Reminders:
■ Certified Mail may ONLY be combined with First -Class Mail or Priority Mail.
■ Certified Mail is not available for any class of international mail
■ NO INSURANCE COVERAGE IS PROVIDED with Certifi Foi
valuables, please consider Insured or Registered Mall.
■ For an additional fee, a Return Receipt may be requested to vice proof o
delivery. To obtain Return Receipt service, please complete and attach a Returr
Receipt (PS Form 3811) to the article and add applicable postage to cover the
fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver fa
a dupPlicate return receipt, a USPS postmark on your Certified Mail receipt ie
requfZ.
■ For an additional fee, delivery may be restricted to the addressee a
addressee's authorized agent. Advise the ciexk or mark the mailpiece with the
endorsement "Restricted Delivery.
■ If a postmark on the Certified Mail receipt is desired, please present the arti-
cle at the post office for postmarking. If a postmark on the Certified Mai
receipt is not needed, detach and affix label with postage and mail.
IMPORTANT. Save this receipt and present it when making an inquiry.
PS Form 3800, July 109 (Reverse) 102595-WM-1938
■ Complete items 1, 2, an=lso complete
item 4 if Restricted Delive s desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
ptOtq
NSPEf\.
A.
❑ Agent
❑ Addressee
B. deceive by ( Printed Name) C. Date of Delivery
�. I# delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
3. Service T pe
ertified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number 7001 1140 0003 2 711 1214
(Transfer from service label)
PS Form 3811, August 2001 Domestic Return Receipt 102595-01-M-2505
UNITED STAT*STAL SERVICE
•First -Class Mail
Postage &Fees Paid
USPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
CITY OF ASPEN
130 South Galena
Aspen, CO 81611
pt�v. koe\
Complete items 1, 2, andWso complete
item 4 if Restricted Delivery is desired.
Print your name and address on the reverse
so that we can return the card to you.
Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
d f�i �o kA cp S �— i' o
�S r°�C,�� , ("ti S �U, \
Received by (Please Print C' B.
Date of Delivery
�/
V I t -t
Z00
C. Signature,
qS
qN--,4gent
❑ Addressee
D. Is delivery a[f JrVg cyffesent from item 1?
❑ Yes
If YES, en1gjJ@4MerV&dress below:
❑ No
3. Service Type
❑ Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number (Copy from service label)
JOC
PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-1769
UNITED STATOOSTAL SERVICE
•First -Class Mail
Postage &Fees Paid
USPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
C i -1 `( C l.-c---aAC- _cs'
op
M'►�3 � w $1') )
■ Complete items 1, 2, andWso complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece
or on the front if space permits.
1. Article Addressed to:
A. Received by (Please Print C/W B. Date of elivery
C. Sign u
X El El
❑ Addressee
D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
3. Service Type
❑ Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number (Copy from service label)
n (V I 10� ?, 7 w 000 2- 9 -) cot 402n b-{
PS Form 3811, 1uly 1999 Domestic Return Receipt 102595-99-M-1789
UNITED STAT _'OSTAL SERVICE
First -Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
CA TN CL5W
130 5 • ��.uE�-�
sI6r-"*% ,
■ Complete items 1, 2, anW1so complete
item 4 if Restricted Delive s desired.
■ Print your name and address on the reverse
so that we can return the card to you.
IN Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
'Uvf.',OW.D dT:
052s"LOO V.
br5� C,o 8 I lot
A. Received by (Please Print
B. Date of
C11
X Signat�'���,
❑ Agent
❑ Addressee
D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
3. Service Type
❑ Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number (Copy from service label)
��3?20 CCO"2., 9iSi 841n
PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-1789
UNITED STATFI `COSTAL SERVICE
First -Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
�3o b, &A,.LG�
PBt�n , CO
��1l�i!}!�I!'{I!f!fllll!ilit!1!1!!�!�f itli!!1�1ll�llli!!!flll�
■ Complete items 1, 2, an=lso complete
A. Siglnptu
item 4 if Restricted Deliv desired.
❑ Agent
X
■ Print your name and address on the reverse
❑ Addressee
so that we can return the card to you.
i F"e' by( tint d Name)
C. Date of Delivery
■ Attach this card to the back of the mailpiece,
; 4-/,tp��
or on the front if space permits.
rA
D. Is deliv rya ress different from item 1? ❑ Yes
1. Article Addressed to:
If YES, r delivery address below: ❑ No
����•�� Cou�y Qoaa� o��.o�t��
�
3. Service Type
ertified Mail ❑Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number 7001 1140 0003 2711 1207
(Transfer from service label)
PS Form 3811, August 2001 Domestic Return Receipt 102595-01-M-250s
UNITED STATEPOSTAL SERVICE
.First -Class Mail
Postage &Fees Paid
USPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
CITY OF ASPEN
130 South Galena
Aspen, CO 81611
A-kkh. V.r, V'oQ�
■ Complete items 1, 2, an so complete
item 4 if Restricted DelivelqW desired.
A. SigrilulJ
❑ Agent
X
■ Print your name and address on the reverse
❑ Addressee
so that we can return the card to you.
g. eived .y (Print ame)
oDelivery
■ Attach this card to the back of the mailpiece,
Cate
qi C
or on the front if space permits.
!
D. Is delivery ad ss ifferent 4rom item 1?
❑ Yes
1. Article Addressed to:
If YES, enter ery address below:
❑ No
C0 y A 0 rvey
rjac) A`�— �A,r\
3. Servic pe
216ertified Mail ❑ Express Mail
p
�$(aEnt Co
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee)
❑ Yes
2. Article Number 7001 1940
0007 0179 5209
(Transfer from service label)
PS Form 3811, August 2001 Domestic Return Receipt
102595-01-M-2509
UNITED STATSTAL SERVICE First -Class Mail
Postage &Fees Paid
USPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
CITY OF ASPEN
130 South Galefta
Aspen, CO 81611
Y, tk ct'. \�' ��It\"X' ' '�' o C_
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
O-ouvc�y A ttmmFy
� 3 o C RA f f A s-�
Az; PF-�, C—o �tco11
A.
X ❑Agent
❑ Addressee
B. Received by (Printed Name) C. e of DeNery
-zv
D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
3. Servii"e
B Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number
Crransfer from service label) 7002 0 510 0004 5593 0838
PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1540
UNITED STATES AL SERVICE
first -Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
CITY OF ASPEN
130 South Galena
Aspen, CO 81611
pt� In tL n k O e
IN Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
As PE �choo� 1�isltltc�
O 1'i 4 ISL z"1'4. 1 Q �
Asps' C-0 Z I G
A. Signature
❑ Agent
SYt ❑ Addressee
B. Received y (Print d Name) C. Date of Delivery
I, o t _-�-Zo 0 3
-O'. fs delivery address different from item 1? El Yes
)If YES, enter delivery address below: ❑ No
3. Service Type
d Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number
(Transfer from service 7002 0510 0004 5593 0852
PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1540
UNITED STATES POL SERVICE
Iddlik
i'_s'Cass
Mai' Postage gFees Paid
USPS Permit No.
G_10
• Sender: Please print your name, address, and ZIP+4 in this box •
CITY OF ASPEN
130 South Galena
Aspen, CO 81611
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
�-'pL) Vz .y 0-0my \kS.S 10 f\CRJ
3 O F
A. Signat re
X j�
❑ Agent
❑ Addressee
B. Received by (Printed Name)
C
ate oeliyery
/ U
D. Is delivery address different from item 1?
❑ Yes
If YES, enter delivery address below:
❑ No
3. Service Type
Q-el5ffified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee)
❑ Yes
2. (Trans rfromNumb7002 051,0 0004 5593 0845
(Transfer from service label)
PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1540
UNITED STATES POL SERVICE
Aalkfirst-Class Mail
• Sender: Please print your name, address, and ZIP+4 in this box •
CITY OF ASPEN
130 South Calew
Aspen, CO 81611
i 1 k [Nil.
RESOLUTION NO.
(Series of 2000)
A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, RELATIVE TO THE
PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COMMON-
LY KNOWN AS THE "KAPLAN PROPERTY ANNEXATION"; FINDING SUBSTANTIAL
COMPLIANCE WITH SECTION 31-12-107(1), C.R.S.; ESTABLISHING A DATE, TIME,
AND PLACE FOR A PUBLIC HEARING TO DETERMINE COMPLIANCE WITH
SECTIONS 31-12-104 AND 31-12-105, C.R.S.; AUTHORIZING PUBLICATION OF
NOTICE OF SAID HEARING; AND AUTHORIZING THE INSTITUTION OF ZONING
PROCEDURES FOR LAND IN THE AREA PROPOSED TO BE ANNEXED.
WHEREAS, on July 19, 2000, one hundred percent of the owners of certain property
situate adjacent to the boundaries of the City of Aspen did file with the City Clerk of the City of
Aspen a Petition for Annexation of territory to the City of Aspen, whereby real property
described in said Petition for Annexation, is being petitioned for annexation to the City of Aspen;
and
WHEREAS, Section 31-12-104, C.R.S., allows contiguity to be established by the
annexation of one or more parcels in a series, which annexations may be completed
simultaneously and considered together for purposes of requisite public hearings, and the
annexation impact report required by Section 31-12-108.5, C.R.S.; and
WHEREAS, the City Clerk of the City of Aspen has referred the aforesaid petition as a
communication to the City Council for appropriate action to determine if the petition is
substantially in compliance with Section 31-12-107, C.R.S.; and
WHEREAS, the petition, including accompanying copies of ten annexation maps, have
been reviewed by the City Attorney's Office and the City Engineer and found by them to contain
the information prescribed and set forth in paragraphs (c) and (d) of subsection (1) of Section 31-
12-107, C.R.S.; and
11
WHEREAS, one hundred percent (100%) of the owners of the affected property have
consented to annexation of their property to the City of Aspen; and
WHEREAS, Section 31-12-107(1)(g), C.R.S., mandates that the City of Aspen initiate
annexation proceedings in accordance with Sections 31-12-108 to 31-12-110, C.R.S., whenever
a petition is filed pursuant to subsection (1) of Section 31-12-107, C.R.S.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1
That the Petition for Annexation of territory to the City of Aspen is hereby found and
determined to be in substantial compliance with the provisions of subsection (1) of Section 31-12-
107, C.R.S.
Section 2
That the City Council hereby determines that it shall hold a public hearing to determine if
the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and to
establish whether or not said area is eligible for annexation pursuant to the Municipal Annexation
Act of 1965, as amended; said hearing to be held at a regular meeting of the City Council of the
City of Aspen at 5:00 o'clock p.m. on the 25th day of September, 2000, in Council Chambers at
City Hall, 130 S. Galena, Aspen, Colorado 81611. (A date which is not less than thirty days or
more than sixty days after the effective date of this resolution).
Section 3
That the City Clerk shall give public notice as follows: A copy of this resolution shall
constitute notice that, on the given date and at the given time and place set by the City Council,
2
the City Council shall hold a hearing upon said resolution of the City of Aspen for the purpose of
determining and finding whether the area proposed to be annexed meets the applicable
requirements of Sections 31-12-104.and 31-12-105, C.R.S., and is considered eligible for
annexation. Said notice shall be published once a week for four consecutive weeks in a
newspaper of general circulation in the area proposed to be annexed. The first publication of
such notice shall be at least thirty days prior to the date of the hearing. The proof of publication
of the resolution shall be returned when the publication is completed, and the certificate of the
owner, editor, or manager of the newspaper in which said notice is published shall be proof
thereof. A copy of the resolution and petition as filed, shall also be sent by registered mail by the
clerk to the Pitkin County Board of County Commissioners and to the County Attorney of Pitkin
County and to the Aspen School District at least twenty days prior to the date fixed for such
hearing.
Qartinn d
That pursuant to Section 31-12-115, C.R.S., the City Manager is hereby directed to
initiate appropriate zoning procedures with regard to the territory proposed to be annexed, and to
prepare and thereafter submit an annexation impact report in accordance with Section 31-12-
108.5, C.R.S., to the Pitkin County Board of County Commissioners at least twenty five (25)
days prior to the date established for a public hearing.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on
the day of , 2000.
3
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is
a true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held on the day hereinabove stated.
1��
Kathryn S. K , City Merk
JPW-08/07/2000-G:\john\word\resos\kaplan-annl.doc
THE CITY OF ASPEN
August 21, 2000
Aspen School District
0199 High School Road
Aspen, CO 81611
Gentlemen
The City of Aspen Council has scheduled a public hearing Monday September 25,
2000 at 5:00 p.m. in the City Council Chambers, on the Kaplan LP annexation. This
property is located on West Hopkins street near the intersection with Fifth street. .
The purpose of the hearing is to determine and make a finding whether the area
proposed for annexation is eligible for annexation. Please call the City Clerk's office at 920-
5060 if you have any questions
Sincerely I
Kathryn S . Koch
City Clerk
Enclosure
Resolution #106, 2000
Petition for Annexation
By certified mail
130 SOUTH GALENA STREET - ASPEN, COLORADO 81611-1975 • PHONE 970.920.5000 - FAX 970.920.5197
Printed on Recycled Paper
�v
PETITION FOR ANNEXATION OF TERRITORY
TO THE CITY OF ASPEN, COLORADO
The undersigned Petitioner, being the landowners of at least fifty percent of the area within the exterior
boundary of the territory hereinafter described, respectfully request the City Council of the City of Aspen to approve
the annexation of the proposed area to be annexed in accordance with the provisions of C.R.S. 1973 31-12-101, et.
seq., as may have been amended, and in support thereof allege as follows:
1. It is necessary and desirable that the territory described in the land description below be annexed
to the City of Aspen.
2. The requirements of C.R.S. 1973 31-12-104 and 31-12-105 exist or have been met.
3. The Petitioners are all of the owners of the territory sought to be annexed and therefore are the
owners of more than 50% of the territory sought to be annexed.
RE E T:
The Petitioners request that the City of Aspen approve the annexation of the land described below
ATTACHMENTS:
Accompanying this Petition are the following:
(a)
(b)
(c)
PETITIONERS:
NAME
Circulator's affidavit
Proof of Ownership (copy of Title Policy from Pitkin County Title, Inc.)
Four (4) prints of an annexation map containing the information required by
C.R.S. 1973 31-8-107.
MAILING ADDRESS DATE
Peter L. Gluck 19 Union Square West, 12'b Floor
New York, NY 10003 �!
Legal description of land owned by Peter L. Gluck (Parcel 3): SEE ATT
Burton B. Kaplan 1780 Green Bay Road, #205
Highland Park, IL 60035
Legal description of land owned by Burton B. Kaplan (Parcel 2): SEE ATTACHED
COUNTERPARTS:
RTCTNA T[, TR F.
This Petition may be signed in multiple counterparts, all of which, when taken together shall constitute one
document.
AFFIDAVIT OF CIRCULATOR
STATE OF NEW YORK )
) ss.
COUNTY OF MAAA 1.4 n )
The undersigned, being duly sworn, deposes and states as follows:
I am over the age of 21 years;
I am the circulator of the foregoing Petition; and,
Each signature thereon is the signature of the person whose name it purports to be.
Charlie Kaplan
Subscribed and sworn to before me on this v 1 yk day of 0?I , by Charlie
Kaplan.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
Notary Public
MAXINE P. EISNER
NOTARY PUBLIC. Stato of New York
No. 31-4096506
0uaiticd i-)NT.j Y6rIto
ou y
commic'ica G::^;ea, 6/
JUN-22-00 10-17 FROM-CHARLES T. BRANDT & ASSOC ID=9709254559 PACE 3/4
PETITION FOR ANNEXATION OF TERRTFORY
TO THE CITY OF ASPEN, COLORADO
The undersigned petitioner, being the landowners of at least fifty percent of the area within the exterior
boundary of the territory hereinafter described, respectfully request the City Council of the City of Aspen to approve
the annexation of the proposed area to be annexed in accordance with the provisions of C.R.S. 1973 31-12-101, S L
sue, as may have been amended, and in support thereof allege as follows.
1. It is necessar}, and desirable that the territory described in the land description below be annexed
to the City of Aspen
2. The requirements of C.R.S. 1973 31-12-104 and 31-12-105 exist or have been met.
3. The Petitioners are all of the owners of the territory sought to be annexed and therefore are the
owners of more than 50% of the territory sought to be annexed_
REQL-EST.
The Petitioners request that the City of Aspen approve the annexation of the land described below
Accompanying this Petition are the following,
(a)
(b)
(c)
PETITIQZ ERS:
NAME
Peter L_ Gluck
Circulator's affidavit
Proof of Ownership (copy of Title Policy from Pitkin County Title, Inc.)
Four (4) prints of an annexation snap contaimAg the information required by
C.R,S.1973 31-8-107.
NLAILING ADDRESS
19 Union Square West, 12t° Floor
New York, NY 10003
DATE SIGNATURE
Legal description of land owned by Peter L. Gluck (parcel 3): SEE ATTACHED
Burton B. Kaplan 1780 Green Bay Road, #205
Highland Park, IL 60035
Legal description of land owned by Burton B. Kaplan (Parcel 2)- SEE ATTACHED
This Petition may be signed in multiple counterparts_ all of which, when taken together shall constitute one
document.
FNT
SCHEDULE A -OWNER'S POLICY
CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER
PCT14730C2 January 10, 2000 @ 10:12 AM SEE ATTACHED SCHEDULE 1312-161455
1. NAME OF INSURED:
ASPEN GK, L.L.C., A COLORADO LIMITED LIABILITY COMPANY, AS TO PARCEL 1
BURTON B. KAPLAN, AS TO PARCEL 2
PETER L. GLUCK, AS TO PARCEL 3
2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS:
IN FEE SIMPLE
3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN:
ASPEN GK, L.L.C., A COLORADO LIMITED LIABILITY COMPANY, AS TO PARCEL 1
BURTON B. KAPLAN, AS TO PARCEL 2
PETER L. GLUCK, AS TO PARCEL 3
4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF PITKIN, STATE OF
COLORADO AND IS DESCRIBED AS FOLLOWS:
See Attached Exhibit "A"
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS AVE.
ASPEN, COLORADO 81611
(970) 925-1766/ (970)-925-6527 FAX
THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET.
INSURANCE ALLOCATION
The following amounts are the amount of insurance allocated to each parcel under
Fidelity National Title Insurance Policy No. 1312-161455
Parcel 1 allocated insurance amount $35100.00
Parcel 2 allocated insurance amount $1,599,000.00
Parcel 3 allocated insurance amount $10.00
In no event shall the amount of insurance exceed the allocated amounts for each parcel as
set forth above.
FIDELITY NATIQNAL TITLE INSURANCE COMPANY
BY: J(
AUT-HOM&D 6FFICER
ISSUED BY: PITKI-N-eOUNTY TITLE, INC. 601 E. HOPKINS AVE. 3R' FLOOR
ASPEN, COLORADO 81611
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 1:
A tract of land situated in the Southeast Quarter of Section 12, Township 10 South, Range 85 West of the 6th P.M. being a
part of the City and Townsite of Aspen, The M.W. (aka Marth Washington) Lode Mining Claim U.S.M.S. No. 5793 and The
Mary B. No. 2 Lode Mining Claim U.S.M.S. No. 19640, described as follows:
Beginning at Corner No. 1 of the said M.W. Lode whence Corner No. 8 of said Townsite of Aspen bears S 60058'30" E
3,268.56 feet;
thence N 76°38' E 63.70 feet along line 1-5 of said M.W. Lode, to the TRUE POINT OF BEGINNING;
thence N 02°26' E 342.40 feet to the South line of Hopkins Street whence the point of intersection of the said South line of
Hopkins Street with line 1-6 of the Mary B. Lode Mining Claim U.S.M.S. No. 5792 (unpatented) bears N 75°09'11" W 62.75
feet;
thence S 75'09'11" E 150.05 feet along said South line of Hopkins Street and its extension to the Northwesterly Corner of
Lot A, Block 32 of said City and Townsite of Aspen;
thence Southerly along the Westerly line of said Lot A, 66.77 feet to line 3-4 of said M.W. Lode;
thence S 55°16' E 66.69 feet along said line 3-4 to Corner 4 of said M.W. Lode;
thence S 02026' W 155.9 feet to Corner 5 of said M.W. Lode;
thence S 76°38' W 196.05 feet along line 5-1 of said M.W. Lode to the TRUE POINT OF BEGINNING.
PTV
THE SOUTHERLY 20 FEET OF LOTS A, B, C, BLOCK 32, CITY AND TOWNSITE OF ASPEN
EXCEPT those tracts of land lying within the above Parcels A & B , conveyed by Stanford H. Johnson to Lost Diamond,
Inc., by Deed recorded November 17, 1986 in Book 522 at Page 836 and May 25, 1988 in Book 564 at Page 863.
PARCEL 2:
A tract of land situated in the Southeast Quarter of Section 12, Township 10 South, Range 85 West of the 6rh P.M., Pitkin
County, Colorado, the M.W. (aka Martha Washington) Lode Mining Claim U.S.M.S. No. 5793 described as follows:
Beginning at Corner No. 2 of said M.W. Lode Mining Claim whence Corner No. 8 of Townsite of Aspen, Colorado bears S
60°58'30" E 3268.56 feet;
thence N 76°38' E 63.70 feet along line 1-5 of said M.W. Lode Mining Claim to the TRUE POINT OF BEGINNING;
thence N 02°26' E 321.47 feet to line 7-8 of the Townsite of Aspen;
thence S 55016' East along said line 7-8 to the Townsite of Aspen 223.15;
thence S 02°26' W 155.90 feet;
thence S 76°38' W 196.05 feet to the TRUE POINT OF BEGINNING.
UTONFt
A parcel of land being part of Lot 17, situated in Section 12, Township 10 South, Range 85 West of the 6th P.M., lying
Southerly of the Aspen City Southerly boundary, and Northwesterly of Line 2-3 of MW Survey No. 5793, which is further
described as:
Beginning at the intersection of said Aspen boundary and Line 2-3, also being the Northeast Corner of said Lot 17;
thence S 76°38'00" W 14.85 feet along said Line 2-3 to the Southeast Corner of Lot 17;
thence N 55°20'24" W 4.74 feet along said Lot 17 Southerly boundary;
thence N 02026'00" E 13.08 feet to a point on said Aspen boundary;
thence S 55017'06" E 21.64 feet along said Aspen boundary to the Northeast corner of said Lot 17, the point of beginning.
PARCEL 3:
Lot 18 and M.S. 7329, Section 12, Township 10 South, Range 85 West of the 6th P.M.
ITI a-kyj to] .7:1NIL 1110LVA
TO: John Worcester, City Attorney
Julie Ann Woods, Community Development Director
Nick Adeh, City Engineer
FROM: Kathryn Koch, City Clerk
DATE: July 19, 2000
RE: Petition for Annexation
Attached is petition for annexation from Peter Gluck and Burton
Kaplan received July 18, 2000. Also attached is their annexation plat.
Attachments
SCHEDULE B-OWNERS
CASE NUMBER DATE OF POLICY POLICY NUMBER
PCT14730C2 January 10, 2000 @ 10:12 AM 1312-161455
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Water rights, claims or title to water.
6. Taxes for the year 2000 not yet due or payable.
7. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to
penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed by the
authority of the United States as reserved in United States Patent recorded September 18, 1923 in Book 136 at
Pages 405 and 453.
8. Easement for ingress and egress as set forth in Deed recorded November 17, 1986 in Book 522 at Page 836.
EXCEPTIONS NUMBERED 1 and 4 ARE HEREBY OMITTED.
■ Complete items 1, 2,Also complete
item 4 if Restricted DelivTKy is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
'Ar, plcv) f C,v Z5 I
"eceive by (F.1,w— Prinwy) B. Date of Delivery
dt2 :;'O
Signature
X Agent
ddressee
D. Is delivery a dress different from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
3. Service Type
❑ Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number (Copy from service label)
-ipei c-i 3 Z?,O 060Z 6M7 U (o
PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-1789
UNITED STATES STAIL SERVICE First -Class Mail
11111 • Postage & Fees Paid
USPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
LIT-4 IC rg c- S
('c s, .66tAsna
■ Complete items 1, 2, aAWAlso complete
item 4 if Restricted Delivery Is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
i
C,o Nw I
A. Received by (Please Print-y) I B. Date of Delivery
C. Signature
/%__ ❑ Agent
ll1tiL�/ ❑ Addressee
D d ery address different from itern� ❑Yes
If YES, enter delivery address below: ❑ No
3. Service Type
❑ Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number (Copy from service label)
") b Gj °1 /"j 2 1-C
PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-1789
UNITED STATESTAL SERVICE • First -Class Mail
Postage & Fees Paid
LISPS
11111 Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
PwQ�N Ca . (o l
■ Complete items 1, 2, M. Also complete
item 4 if Restricted De is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
S<
A. Received by (Please PnrWy) I B. Date of Delivery
C. Si ature
X ❑Agent
❑ Addressee
D. el' ry address differept�orp,il R ❑ Yes
YY S, enter delivery,A3 ; !` ri No
yo0 G
3. Service Type vy,
❑ Certified Mail ❑ Expre i
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number (Copy from servicelabel)
rA 2
zo
PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-1789
UNITED STATES *PTAL SERVICE
First -Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
PARCEL 1 LEGAL DESCRIPTION
RECEPTION NO. 439388
OF LAND
TOTS UTH: NI85TWESTDOFNTHEE680UPHM- BEIINGRAER OF PART OFCTHENCITY ANDTOWNSITEOF ASPEN THE M.W. (a/k/a MARTHA WASHINGTON) LODE MINING CLAIM U.S.M. NO. 5793
AND THE MARY B. NO. 2 LODE MINING CLAIM U.S .M.S. NO. 19640, DESCRIBED AS FOLLOWS:
BEGINNING AT CORNER NO. I OF THE SAID M.W. LODE WHENCE CORNER NO. 8 OF SAID TOWNSITE
OF ASPEN BEARS S60-58.30-E 3,268.56 FEET:
THENCE N76'38'E 63 70 FEET ALONG LINE 1-5 OF SAID M.W. LODE, TO THE TRUE POINT OF
N�26EET TO THE SOUTH
LINE OF
HOPKINS STREET WHENCE POINT INTINTERSECTION OF THE SAID SOUTH LNEOFHOPKNSSTREETWITHLINE 1-6 OF THE MARYB.
LODE MINING CLAIM U.S.M.S. NO. 5792 (UNPATENTED) BEARS N75-09.11-W 62.75 FEET:
THENCE S75'09'11'E 150.05 FEET ALONG SAID SOUTH LINE OF HOPKINS STREET AND ITS
EXTENSION TO THE NORTHWESTERLY CORNER OF LOT A, BLOCK 32 OF SAID CITY AND TOWNSITE
OF ASPEN:
THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT A, 66.77 FEET TO LINE 3-4 OF
SAID M.W. LODE:
THENCE S55'16'E 66.69 FEET ALONG SAID LINE 3-4 TO CORNER 4 OF SAID M.W. LODE:
THENCE S02'26'W 155.9 FEET TO CORNER 5 OF SAID M.W. LODE:
THENCE $76'38 W 196.05 FEET ALONG LINE 5-1 OF SAID M.W LODE TO THE TRUE POINT OF
BEGINNING.
AND
THE SOUTHERLY 20 FEET OF LOTS A, B, S C, BLOCK 32, CITY AND TOWNSITE OF ASPEN
EXCEPT THOSE TRACTS OF LAND LYING WITHIN THE ABOVE PARCELS A AND B CONVEYED BY
STANFORD H. JOHNSON TO LOST DIAMOND INC. BY DEED RECORDED NOVEMEB�R 17 1986
IN BOOK 522 AT PAGE 836 AND MAY 25,'1988 IN BOOK 564 AT PAGE 863.
THIS PARCEL LIES ENTIRELY WITHIN THE CITY AND TOWNSITE OF ASPEN
PARCEL 2 LEGAL DESCRIPTION
RECEPTION NO. 385
RANGE C85OWESTLAND
OFSITUATED PNMTHEPSOKINEAST COUNTTYARTER OF COLORADOECTHENMiW'.(akaNMSHIP ARTHAOWASHTNGTON)
LODE MINING CLAIM U.S.M.S. N0' 5793 DESCRIBE6 AS FOLLOWS:
BEGINNING AT Cl IR NO. 2 OF SAID M.W. LODE MINIh AIM WHENCE CORNER N0. 8 OF TOWNSITE
OF ASPEN COLOR,r 0 BEARS S60-58'30-E 3268.56 FEET.
THENCE
ON'/6'38'E 63.70 FEET ALONG LINE 1-5 OF SAID M.W. LODE MINING CLAIM TO THE TRUE
�R NCt � 6 E 1.47 FEET TO LINE 7-8 OF THE ASPEN TOWNSITE:
THENCE S55'16'E ALONG SAID LINE 7-8 OF THE TOWNSITE OF ASPEN 223.15 FEET.
THENCE S02'26'W 155.90 FEET.
THENCE S76'38'W 196.05 FEET TO THE TRUE POINT OF BEGINNING.
AND
A PARCEL OF LAND BEING PART OF LOT 17 SITUATED IN SECTION 12 TOWNSHIP 10 SOUTH RANGE 85
WEST OF THE 6th P.M. LYING SOUTHERLY'OF THE ASPEN CITY SOUTHERLY BOUNDARY AND NORTHWESTER
OF LINE 2-3 OF MW LOdE SURVEY NO. 5793, WHICH IS FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF SAID ASPEN BOUNDARY AND LINE 2-3, ALSO BEING THE NORTHEAST
CORNER OF SAID LOT 17:
THENCE S76'38'00-W 14.85 FEET ALONG SAID LINE 2-3 TO THE SOUTHEAST CORNER OF LOT 17:
THENCE N55'20'24'W 4.74 FEET ALONG SAID LOT 17 SOUTHERLY BOUNDARY:
THENCE NO2'26'00'E 13.08 FEET TO A POINT ON SAID ASPEN BOUNDARY:
THENCE S55'17'06'E 21.64 FEET ALONG SAID ASPEN BOUNDARY TO THE NORTHEAST CORNER OF SAID
LOT 17, THE POINT OF BEGINNING.
OWNER'S CONSENT
KNOW ALL MEN BY THESE PRESENTS THAT BURTON B. KAPLAN BEING THE OWNER OF THE ABOVE DESCRIBED
PARCEL 2 HEREBY CONSENTS TO THE ANNEXATION OF THIS PARCEL TO THE CITY OF ASPEN.
SIGNED THIS - DAY OF 2000.
STATE OF COLORADO )
)ec
COUNTY OF PITKIN )
THE FOREGOING OWNER'S CONSENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2000
BY BURTON B. KAPLAN AS OWNER OF PARCEL 2.
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES:
NOTARY PUBLIC
PARCEL 3 LEGAL DESCRIPTION
RECEPTION NO. 439386
LOT 18 AND M.S. 7329, SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M.
OWNER'S CONSENT
KNOW ALL MEN BY THESE PRESENTS THAT PETER L. GLUCK BEING THE OWNER OF THE ABOVE DESCRIBED
PARCEL 3 HEREBY CONSENTS TO THE ANNEXATION OF THIS PARCEL TO THE CITY OF ASPEN.
SIGNED THIS _ DAY OF 2000,
STATE OF COLORADO )
COUNTY OF PITKIN 1�8
THE FOREGOING OWNER'S CONSENT WAS ACKNOWLEDGED BEFORE ME THIS - DAY OF 2000
BY PETER L. GLUCK AS OWNER OF PARCEL 3.
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES:
NOTARY PUBLIC
ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION
BASED UPON ANY DEFECT IN THIS PLAT WITHIN THREE YEARS AFTER YOU CDR I
FIRST DISCOVERED SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED M-W LODE
UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS
FROM THE DATE OF THE CERTIFICATION SHOWN HEREON.
SCALE
I INCH - 20 FEET
0 10 20 30 40
/vj
�OJ, � ljN • Nt7M$ER�D� �BL' O;GIt� ,
PARIQEL 1
0WMR: ASPEN GK, LLC
R�C€PjIUN t10r 4393BA )
AREA 84213 SO -FT.
4
399 , AOIL
U
0
v
W ,
� a o
PARCEL 2 L
LYclo ^ C, _
T HOPKINS
es'-s•
Og 11.6
(30 1 ?;�O.
OO )
A NNEXA TI ON MAP TO THE CITY OF
)•.:
A SPEN
I
cb -
Do
/gapa707
�o4lla tidy'
,W
I /�Qpt plj�atxrNi
�,sL�f4mw 7"li, rgv s.f
VICINITY MAP
SCALE 1'-400' REPRODUCED FROM CITY G.I.S. MAP
r
D
CITY LIMIiT
BOUNDARY /
32
0 0 OWNER: BURTON B. KAPLAN s
ct, m Z RECEPTION NO 439385
Q N
o _
N rn
N
0
J
ANNEXATION
BOUNDARY
TRUE POINT OF
BEGINNING
_L� LODE
L NE I sm W
AREA - 46,590 SO FT.
OUTSIDE CITY LIMITS
EL
OWNER: PETER L.
RECEPTION NO 439386
S BS 00 `•
ANNEXATION
BOUNDARY
CORNER 5
M.W. LODE
Is
/cs) ,, \
N
ANNEXATION DESCRIPTION \
A TRACT OF LAND SITUATED IN THE SOUTHEAST QUARTER OF SECTION 12,
TOWNSHIP 10 SOUTH RANGE 85 WEST OF THE 6th P.M. PITKIN COUNTY
COLORADO BEING A'PORTION OF GOVERNMENT LOT 17 tHE M.W. LODE
(O/k/a MARTHA WASHINGTON LODE) U.S.M.S. 5793 MINING CLAIM U.S.M.S.
7329 AND GOVERNMENT LOT 18 ALL AS SHOWN ON THE BUREAU OF LAND
MANAGEMENT DEPENDENT RESURVEY AND SURVEY OF TOWNSHIP 10 SOUTH
RANGE 85 WEST, OF THE 61h P.M APPROVED FEB. 14, 1980 DESCRIBItD
AS FOLLOWS:
BEGINNING AT CORNER NO 5 OF SAID M.W LODE MINING CLAIM
THENCE N76'38'E 63.70 FEET ALONG LINE 1-5 OF SAID M.W LODE MINING
CLAIM TO THE TRUE POINT OF BEGINNING:
THENCE MARY B. SUBDIIVOISION TO LIINE27-80NG OF ASPENTHEASTERLY TOWNSITEI((RECCORDE OFODIStANCE 321.47
THENCE S 55'17'06'E 399.74 FEET ALONG SAID LINE 7-8 ASPEN TOWNSITE
TO THE EASTERLY CORNER OF GOVERNMENT LOT 18:
THENCE N 68*57'42'W 45.29 FEET AND N 55'20 24'W 125.85 FEET ALONG
THE SOUTHERLY LINES OF GOVERNMENT LOT 18 AND M.S. 7329 TO LINE 4-5
OF THE M.W. LODE:
THENCE S02'26'00-W 138.95 FEET ALONG LINE 4-5 TO CORNER NO. 5 OF
THE M.W. LODE:
THENCE S76.38'W 196.05 FEET ALONG LINE 5-1 OF THE M.W. LODE TO
THE TRUE POINT OF BEGINNING (SAID COURSE CALCULATES TO BE S76'23'15'W
196.21 FEET).
COUNTY OF PITKIN
STATE OF COLORADO
THIS LEGAL DESCRIPTION ENCOMPASSES ALL OF PARCEL 2 CONVEYED BY RECEPTION
NO. 439385 AND PARCEL 3 CONVEYED BY RECEPTION NO. 439386 OF THE REAL
ESTATE RECORDS OF PITKIN COUNTY, COLORADO.
PERIMETER OF ANNEXATION
CONTIGUITY WITH PRESENT
CITY LIMITS
1 227.35
399.74• - 3.07 < 6
CITY COUNCIL APPROVAL
THIS MAP OF THE WEST HOPKINS ANNEXATION TO THE CITY OF ASPEN WAS
APPROVED BY THE CITY COUNCIL OF THE CITY OF ASPEN PITKIN
COUNTY COLORADO BY ORDINANCE NO. SERIES OF 2600 PASSED
THIS ' DAY OF 2000 AND RECORDED IN THE REAL ESTATE
RECORDS OF PITKIN COUNTY AS RECEPTION NO.
SIGNED THIS - DAY OF _ , 2000.
RACHEL RICHARDS, MAYOR ATTEST:KATHRYN KOCH, CITY CLERK
CITY ENGINEER'S APPROVAL
THIS ANNEXATION MAP HAS BEEN REVIEWED AND APPROVED FOR RECORDING
BY THE CITY OF ASPEN ENGINEERING DEPARTMENT.
SIGNED THIS _ DAY OF _, 2000.
NICK ADEH, CITY ENGINEER
SURVEYOR'S CERTIFICATE
I DAIVD W. McBRIDE, A REGISTERED LAND SURVEYOR IN THE STATE
00 COLORADO HEREBY CERTIFY THAT THIS ANNEXATION MAP WAS PREPARED
BY ME FROM tHE LEGAL DOCUMENTS SHOWN HEREON AND FROM A TITLE
POLICY ISSUED BY PITKIN COUNTY TITLE INC. NO. 1312-161455
DATED JAN. 10, 2000 AND IS ACCURATE t0 THE BEST OF MY KNOWLEDGE
AND BELIEF.
SIGNED THIS _ DAY OF , 2000.
DAVID W. McBRIDE RLS 16129
CLERK & RECORDER'S ACCEPTANCE
THIS PLAT IS ACCEPTED FOR RCORDING IN THE OFFICE OF THE
CLERK AND RECORDER OF PITKIN COUNTY COLORADO AT _O'CLOCK
M. THIS _ DAY OF 2000 IN PLAT BOOK _
AT PAGE , AS RECEPTION NUMBER
CLERK & RECORDER
PREPARED BY
ASPEN SURVEY ENGINEERS, INC.
210 S. GALENA STREET
P.O. BOX 2506
ASPEN, COLO. 81611
PHONE/FAX (970) 925-3816
REVISED APRIL 25, 2000
JOB NO 25024E MARCH 24, 2000