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HomeMy WebLinkAboutcoa.lu.ca.Eastwood Interpretation.0056.20100056.2010.ASLU 130 S. GALENA ST INTERPRETATION OF THE LAND USE CODE - EASTWOOD ROAD XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX ��,w 4f / 6) // & THE CITY of ASPEN Land Use Application Determination of Completeness Date: August 10, 2010 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0041.2010.ASLU — 1408 Crystal lake Road. The planner assigned to this case is Sara Adams. ❑ Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Your Land Use Application is complete: If there are not missing items listed above, to begin the land use review process. then your application has been deemed complete Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, 1AA A. fifer el , Deputy Director City of As , Community Development Department For Office Use Only: Mineral Rights Notice Required Yes Now GMQS Allotments Yes No� Qualifying Applications: SPA PUD COWOP Subdivision (creating more than 1 additional lot) Residential Affordable Housing Commercial E.P.F. Jennifer Phelan From: Jennifer Phelan Sent: Wednesday, August 04, 2010 4:46 PM To: 'David Uhlig' Subject: Interpretation request status Hi David: The interpretation request that you provided is not complete. A land use code interpretation requires a $50.00 application fee. Checks can be made out to the City of Aspen. Also, since this is in regard to a specific lot in town, please provide a letter signed by the owner consenting to the request and confirming that you are the authorized representative. Below is a link to the city's land use application, if you could fill out page 4 (Attachment 2-Land Use Application), it will help in setting up the land use file. http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and /o20Fees/landuseappform.pdf Thanks, Jennifer JeHuiifer Phelaw, AICP Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com ATTACHMENT 2 -LAND USE APPLICATION P12O.*:(`I RECEIVED AUG 0 5 2010 CITY OF ASPEN Name: Location: 144 G Sti l L Ck\- k- C i/ C. I I Indicate street address, lot & block number, legal description where a ro riate Parcel ID # (REQUIRED) \PPLICANT• Name: Ve✓t 1 5 N Address: c 1 rk'.J 0 4 Z- % 3S 7 Phone #: 7Q--�- 9 Z S-- �f w REPRESENTATIVE: Name: - Address: ZG I N. 21-1 2 v Co Phone #: 7 0- 9 z s' 7 Q� TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ ❑ ❑ Residential Design Variance Conditional Usel ❑ Lot Line Adjustment Expansion Other: i er lu l► b" EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) ROPOSAL: (description of proposed buildings, uses, modifications, etc.) Have you attached the following? FEES DUE: S ❑ Pre -Application Conference Summary ❑ Attachment # 1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. IT '^Z DENNIS E. NIXON P.O. DRAWER 1359 • LAREDO, TEXAS 78042-1359 August 5, 2010 SENT VIA HAND DELIVERY Attn: Chris Bendon — Community Development Director City of Aspen CommunitZ. Development Department 130 S. Galena Street — 3` Floor Aspen, CO 81611 RECEIVED AUG 052010 CITY OF ASPEN COMMUNITY DEVELOPMENT Re: Request for Interpretation of Boundaries of Zone District Map Pursuant to Section 26.306.010(C)(1) of Aspen Municipal Code filed by David C. Uhlig on July 23, 2010. Dear Chris: I am the owner of Gordon/Callahan Lot 8, also known as 1408 Crystal Lake Road, Aspen, Colorado 81611. I am aware of the above referenced request lodged with the City of Aspen by my attorney David C. Uhlig and do hereby consent to the same. David C. Uhlig, Herbert S. Klein and Joseph E. Edwards III are my authorized representatives in this matter. Please work with them on resolving this matter. If you have any questions concerning this matter please contact David C. Uhlig._ Cc: Herbert S. Klein; Stan Mathis; THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0056.2010.ASLU �o P0tj 130 S. GALENA ST DREW ALEXANDER INTERPRETATION OF LAND USE CODE CITY OF ASPEN 10.5.10 CLOSED BY ANGELA SCOREY ON: 10. 05.10 00576 -2 C IC) - AS 4—vl File Edit Record Navigate Form Reports Format Tab Help ►X 1 J. 1; i dump 1 �: A i Routing Status 'Fees I Fee Summary Main Actions Attachments Routing History Valuation ArchJEnq Custom Penny type aslu Aspen Land Use Permit # 0056.2010.ASLU Address 130 S GALENA' AptNte CITY HALL ° City ASPEN State CO Zip 81 i;11 7x � Permit Information pr p' Master permit Routing queue aslu07 Applied 1016f2010 Project Status pending Approved Description INTERPRETATION OF THE LAND USE CODE - E,-"ST)',rOD ROAD Issued Final Submitted CITY OF aSPEN 71 Clock Running Days F O� Expires 10M f2011 Submitted via Owner Last name CITY OF ASPEN Phone ( Applicant 2 Owner is applicant? First name CITY HALL 130 S GALENA ASPEN CO 81611 Address 0 Contractor is applicant? Last name CITY OF ASPEN —� First name CITY HALL Phone ( ) Cust # 28789 Address Lender Last name Phone ( ) Displays the permit lender's address C-( �� First name Address angelas _ 1 of 1 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO STATE OF COLORADO ) ss. County of Pitkin - ) 1, (name, please print) being or represkriting an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signature The foregoing "Affidavit of Notice" was acknowledged before me this ]_O_ day of T , 201&_, by Nb1&_Ns?lCE RE: INTN OF THE LAND USE CODE - Eastvn•6d Road NOTICE IS HEREBY GIVEN that a code interpreta- tion regarding measurement of setbacks for properties abutting Eastwood Road was rendered on 7/30/2010 an" is available for public inspection in the Community Development Department. Please contact Sara Adams, (970) 429-2778 or sare.edams®ci aspen co u• for more information. Published in the Aspen Times Weekly on July 8, 2010. (53985391 WITNESS MY HAND AND OFFICIAL SEAL My commissio ex fires J Notary Public ATTACHMENTS: COPY OF THE PUBLICATION ,�p3tY PUe"`� CORY J. • GARSKE; "V,OF CM W My Cbmmni-ifn Fxnires M/2012 I CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT LAND USE INTERPRETATION JURISDICTION: TOPIC OF INTERPRETATION: EFFECTIVE DATE: WRITTEN BY: APPROVED BY: City of Aspen Eastwood Road July 30, 2010 Sara Adams, Senior Planner Chris Bendon, Community Development Director SUMMARY A question arose regarding where the front yard setback is measured for properties that are accessed off of Eastwood Drive because the public roadway runs through some of the lots. In the past, building permits have been issued both measuring the front yard from the edge of pavement and from the property line. BACKGROUND The Eastwood Subdivision was approved by Pitkin County in 1969. The recorded plat (Plat Book 4, Page 4) associated with the subdivision approval specifies in Note 2 that Eastwood Road is a private road. Eastwood Subdivision was annexed into the City in 1987. Subsequently in 1991, Eastwood Road was dedicated to the City as a public road (Pitkin County Clerk and Recorder recordation # 336014). PURPOSE The purpose of this interpretation is to clarify from where front yard setbacks are measured for properties accessed off of Eastwood Drive. DISCUSSION Staff relied on the following parts of the Land Use Code to render this interpretation, emphasis added: Section 26.575.040.13 Required yards adjacent to private streets or rights of way. Where there is no public dedication and the lot line extends into the right of way, the required yard setback shall equal the minimum distance specified under the zone district regulations along the closest boundary of the right of way to the proposed structure. When a property's lot line does not extend into the right of way, the required yard setback shall equal the minimum distance specified under zone district regulations from the lot line. Section 26.104.100 Definitions Yard, Front: The yard extending the full width of a lot or parcel, the depth of which is measured by the narrowest horizontal distance between the front lot line and the nearest surface of the principal building at grade. Front yard setbacks requirements create a buffer between the house and the right of way that is generally consistent throughout a zone district. As stated in the definition above, front yard setbacks are measured from the front property line and the nearest surface of the building. As previously mentioned, this allows for a consistent distance of yard between a building and the street as one would typically see in the West End as that area generally follows a standard lot and block pattern. In instances where a private street runs through a lot, the Code specifies in Section 26.575.040.B, Required yards adjacent to private streets or rights of way, that the front yard setback is measured from the closest boundary of the right of way. This requirement's intent is to create a consistent buffer between the right-of-way and a building, rather than measure the front yard setback from the property line which would possibly allow a building to be constructed in very close proximity or actually within the roadway. A dedicated right-of-way typically shares a common boundary with adjacent private property. As mentioned previously, Eastwood Road was originally a private roadway that was subsequently dedicated to a public right of way in 1991; however the dedication did not alter any private property lines or descriptions upon which the road is situated. The roadway remains in its original location and continues to travel across and through private property. INTERPRETATION The characteristics of the roadway and the language of the Code for this type of condition render Staff s interpretation that it is appropriate and consistent with the intent of the Code to measure the front yard setback from the closest boundary of the right of way to the [proposed] structure, as stated in Section 26.575.040.B. This applies from this day forward only to properties where Eastwood Road travels through the yard. APPEAL OF DECISION As with any interpretation of the land use code by the Community Development Director, an applicant has the ability to appeal this decision to the Aspen City Council. This can be done in conjunction with a land use request before City Council or as a separate agenda item. 26.316.030(A) APPEAL PROCEDURES Any person with a right to appeal an adverse decision or determination shall initiate an appeal by filing a notice of appeal on a form prescribed by the Community Development Director. The notice of appeal shall be filed with the Community Development Director and with the City office or department rendering the decision or determination within fourteen (14) days of the date of the decision or determination being appealed. Failure to file such notice of appeal within the prescribed time shall constitute a waiver of any rights under this Title to appeal any decision or determination. MEMORANDUM TO: Board of Adjustment THRU: Joyce A1lgaier, Deputy Director FROM: Jennifer Phelan, Long Range Planner RE: 102 Eastwood Drive DATE: June 9, 2005 SUMMARY: The applicant requests a front yard setback variance for the construction of the garage portion of a single-family dwelling unit. The property is currently developed with a single-family residence which will be demolished. The property is zoned R-15B, is accessed via Eastwood Drive and has a required front yard setback of thirty (30) feet. The applicant is requesting a twenty six (26) foot front yard setback variance. Eastwood Drive is a thirty (30) foot wide dedicated right-of-way that cuts through the north portion of the parcel. The property, along with the rest of the Eastwood Subdivision, was annexed into the City of Aspen in 1987 and Eastwood Drive was subsequently dedicated as a right of way, requiring that the setback be taken from the south edge of the dedication rather than the middle of the right of way or property line. Therefore, the existing house is located partially in the required front yard'setback as is the proposed garage addition. The parcel is approximately 14,700 square feet in size with the thirty (30) foot wide right of way dedication in the front yard. The property is adjacent to Highway 82 on the south lot line and other R-15B lots to the east and west. All lots take their access off of Eastwood Drive rather than Highway 82. Please refer to the attached drawings and written information provided by the applicants for a complete presentation of the proposed variance. APPLICANT: Kyle Boyd, represented by Chuck Rowars and Zone 4 Architects LOCATION: 102 Eastwood Drive, Lot 16, Eastwood Subdivision REVIEW STANDARDS AND STAFF EVALUATION: Pursuant to Section 26.314.040 of the Municipal Code, in order to authorize a variance from the dimensional requirements of Title 26, the Board of Adjustment shall make a finding that the following three (3) circumstances exist: 1. Standard: The grant of the variance will be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Comprehensive Plan and this title. Response: Granting the variance will not conflict with the goals of the Aspen Area Community Plan or the requirements of the Aspen Municipal Land Use Code. 2. Standard: The grant of the variance is the minimum variance that will make possible the reasonable use of the parcel, building, or structure. Response: Reasonable use of the parcel already exists, as there is an existing single-family residence on the parcel. Therefore, the variance is not necessary to allow for the reasonable use of the property. 3. Standard: Literal interpretation and enforcement of the terms and provisions of this title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship or practical difficulty. In determining whether an applicant's right would be deprived, the board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Comprehensive Plan the terms of this title to other parcels, buildings or structures, in the same zone district. Response: In reference to Standard 3, Staff has consistently found that not having a garage should not be considered a deprivation of rights commonly enjoyed by other parcels in the same district. A garage is an amenity, not a necessity and based on this, Staff cannot support the variance request as we do not feel that this will cause the applicant unnecessary hardship or deprive them of their rights. ALTERNATIVES: The Board of Adjustment may consider any of the following alternatives: ✓ Approve the variance as requested. ✓ Approve the variance with conditions. ✓ Table action to request further information e provided by the applicants or interested parties. ✓ Deny the variance finding that the review standards are not met. RECOMMENDATION: Staff recommends that the request for a twenty-six (26) foot front yard setback variance for the construction of a garage be denied finding that Standards 2 and 3 have not been met. RECOMMENDED MOTION: (All motions are worded in the affirmative) "I move to approve the request for a twenty-six (26) foot front yard setback variance for the construction of a garage finding the review standards have been met." i� G CITY OF ASPEN GPS MONUMENT NO.1 01 7 6, 2 0 0 6, "6sd • &PROVEMENT SURVEY W/TOPO 3`363616.1✓ ` 88, / 5 REBAR LOT 175 REBAR AND YPC (P.0.8) �- `S" 9018 EASTWOOD SUBDIVISION BENCHMARK=8063.26 g5 REBAR AT TOP OF CAP S61 °''6 W 212 10 m CITY OF ASPEN, COUNTY OF PITKIN O ❑ s STATE OF COLORADO I" = 10' (D LOT 16 102 EASTWOOD LLC I EASTWOOD DRIVE 30. D• /1 30.0' R.O.W, / BK. 27 PG. 37 / EDGE OF PAVEMENT CI SE I / I.� / GRAVEL —8054 A7" DRIVEWAY ' / I SETBACK 78 ,� 10.7 A9'DLt 1� 19.0 1 / DL10' CD 8056--�� / WOOD - GRAVEL W ' PORCH ad ad DRIVEWAY 16.9 - o r n 7.8 (DECK} t O.a' / 8050� / SINGLE FAMILY RESIDENCE r 4—D lit 50.4 — r1 1 i WOOD DECK j I /' 1 048— _ HOT / i i 8046=1 WOOD ' DECK 8044- '�-4 8048� -� LOT 17_/' I 1/ / J '12,036 SQ.FT.t UTSK. EASEMENT NOTE 05 4 DRAIN GE AND UTIUTY EASEMENT . NOTE #5\ \804 \ Y \ \ SETBATBA \ CK RE NO. 312311\ \' REBAR AND RPC \ \ \ LS,# 24303 C2 0 �Y REBARLSM 16129 PC C O Lon4'00 STATE S61.26'09•W 2.65' $IGHwA Y NO 8 2 i 20' OMEN. G p1CR0EC- 40E nG. 37 ENT rlEc xo. � nn 27.7' \ �M V 3 0 LOT 1e uQ EASTWOOD HOME LLC :) SA' UTILITY EASEMENT 8K. 4 PG 4 NOTE 05 So DRAINAGE AND UTILITY EASEMENT BK. 4 PG 4 NOTE A • VICINITY MAP NOTES: 1) LEGAL DESCRIPTION: LOT EASTWOODSUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED JUNEDUNE 23, 1969 IN PLAT BOOK 4 AT PAGE 4 AND THE SECOND AMENDED PLAT RECORDED AUGUST 30, 1991 IN PLAT BOOK 27 AT PAGE 37. COUNTY OF PITKIN, STATE OF COLORADO. 2) BASIS OF BEARING: A BEARING OF N 07'ROPER BETWEEN A FOUND REBAR AND RPC LS/ 24303 AT THE S.W. PROPERTY CORNER AND A FOUND REBAR AND YPC LSy 9018 AT THE N.W. PROPERTY CORNER. 3) TITLE INFORMATION WAS FURNISHED BY PITKIN COUNTY TITLE. INC., CASE NO. PCT200117F, DATED 08/22/2005 FOR THE PREPARATION OF THIS SURVEY. 4) ELEVATION-8063.26' AT THE N.W. CORNER AT TOP OF CAP. CONTOUR INTERVAL IS TWO (2) FEET. 5) UNLESS OTHERWISE SPECIFIED, ALL UTILITY EASEMENTS, AS WELL AS ALL PUBLIC AND PRIVATE RIGHTS OF WAY ARE DEDICATED TO THE PERPETUAL USE OF ALL UTIUTY COMPANIES FOR THE PURPOSE OF INSTALUNG, CONSTRUCTING, REPLACING, REPAIRING AND MAINTAINING UNDERGROUND UTILITIES AND DRAINAGE FACILITIES, INCLUDING, BUT NOT UMITED TO WATER, ELECTRIC, GAS, TELEPHONE AND TELEVISION LINES, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS FOR SUCH INSTALLATION, CONSTRUCTION, REPLACEMENT, REPAIR AND MAINTENANCE AS WELL AS THE RIGHT TO TRIM INTERFERING TREES AND BRUSH. IN NO EVENT SHALL THE UTIUTY COMPANIES EXERCISE THE RIGHTS HEREIN GRANTED AS SO TO INTERFERE WITH THE USE OF THE RIGHT OF WAY FOR ROADWAY PURPOSES EXCEPT TO THE EXTENT REASONABLY NECESSARY TO ENJOY THE GRANT HEREBY MADE 6) POSTED ADDRESS IS 82 EASTWOOD DRIVE. 7) KWMW0 SETBACKS PER ASPEN COMMUNITY OEVEI.OPMENT 30.0' FROM EASTWOOD R.O.W. 10.0' REAR LOT LINE 5.0' SIDE LOT LINE 8) LOT DOES NOT MATHEMATICALLY CLOSE AS NOTED ON AMENDMENT NO. 2 TO THE EASTWOOD SUBDIVISION AT SK. 27 PG. 37. �c QQ INDICATES FOUND MONUMENT AS DESCRIBED. ELECTRIC METER QT TELEPHONE RISER pQ GAS METER A6- (ASPEN 6 INCH DIAMETER TRUNK) DL8' (DRIP LINE 8 FEET) ® ASPEN TREE CURVE TABLE CURVE LENGTH RADIUS TANGENT CHORD BEARING DELTA Cl 73.56 320.56 36.94 73.40 SB7'04'2b'E 13'O9'S2' C2 66.70 613.00 33.38 66.67 N73'%'S8'V 6'U'03' SURVEYOR'S CERTIFICATE I, MICHAEL P. LAFFERTY, HEREBY CERTIFY THAT THIS MAP ACCURATELY DEPICTS AN IMPROVEMENT SURVEY PLAT PERFORMED UNDER MY SUPERVISION ON -� 08/2005 OF THE ABOVE DESCRIBED PARCEL OF LAND. THE LOCATION AND DIMENSIONS OF ALL IMPROVEMENTS, EASEMENTS, RIGHTS -OF -WAY IN EVIDENCE OR KNOWN TO ME AND ENCROACHMENTS BY OR ON THESE PREMISES ARE ACCURATELY SHOWN. o IVED MICHAEL P. LAFFERTY PLS. rY 37972 DATE: 's i 0 s�L 2 8 2006 ASPEN ROCKY MOUNTAIN SUIKVSYING IT,. T� !Lg8�8y IT16111 4133 Crystal Springs Rd• REVISED: D6/2006 Carbondale Co. 81623 FOX NO: 06536 970-379-1919 CLIENT: ROWARS SHEET 1 OF :E: A —ding m Colorado Mw ym mum mmmmee day kgd woon band upm my dd'ad m tbs within duce y— d8m yoo fax d—. swh dd t In no rent mdy' M aGion bdu:d upon my defw aa.eY be mm d mole tM as — 5om dw dw of dm a bfiwuon shown bamu 00422008 < N. < ` FORUM PHI 103 DEVON CT, BASALT, 81621 % \• PHONE: 970,279.4157 FAX: 866.777.5585 277 Eastwood Residence 277 Eastwood " I / •\ � < < Aspen, Colorado 81611 i \\ Snowbunny LLC CONSULTANTS P:( W 3rd St, 970) 11 CO i !1 GEOTECH % 190 �'<j 60 y `\ / /• % �s HP Geotech 5020 Rood 154 Gbmvood Springs, CO 81601 P:(970) 9 F:(970) 920465720�557 STRUCTURAL - tru M ctmi 5eNG $573 E. Napo PI. Dsre CO 60237 F: (303) 484-e958 MECHANICAL toapaces,Inc 0504 Crystal Cimle Carbondale, CO 81623 P&F: 970.963.0114 \ G' < < a • P: (303) 926.72W R(303) 926-7262 204 Park Avenue Unit 1G-1 Basalt, CO, 81621 P:(970) 927-4105 r9m coaREcPMaCLRIRCATronS WW7 PER MIT•REVISIONS RMI7 411&V7 PERMIT d CONSTRUCTION CD 4110107 95%COMPLETE I n DD YW7COMPLETE DATE DES MARK DATE DESCRIPTION PROJECT NO: 0614 DRAWN BY: SMW COPYRIGHT Forum Phi LLC 1 SfTE PLAN GENERAL NOTES SHEET TITLE 17 WILDING REFERENCE ELEVATION : SURVEYEDV-0' • e,Oep.P RVEYED ELEV. 2) —1C OETECTOR ]1 SURFACE MOUNTED SCONCE Lq GAS �:. REQUIREDATE%RS. ■■ FIIUL LMAno le D. !z" i q INNDRASS ANp "F ,_ a GIMRO U PER CODE, MAID 2 0 ?006 >! 81TE PLAN i •Y 1#336014 00/34/91 1 1 t 11 Rnc $S. O,j DK b$S f`G 39^c :�ilvia Davis, Pitkin Cnty Clerk, Doc $.0c1 RQADWAY DEDI!QATION WE, THE SIGNATORIES, ARE THE OWNERS OF LOTS 4 THROUGH 30, EASTWOOD SUBDIVISION, ASPEN, COLORADO, THE PROPERTY COMPRISING OR ADJOINING THE PRIVATE ROAD EASEMENT SHOWN AS EASTWOOD ROAD ON THE SUBDIVISION PLAT OF EASTWOOD SUBDIVISION, RECORDED IN THE OFFICE OF THE PITKIN COUNTY CLERK AND RECORDER IN PLAT BOOK 4 AT PAGE 4. THE LAND BEING GRANTED IS SHOWN ON SHEETS 2 THROUGH 4 AS THE LAND DEDICATION. WE HEREBY GRANT, DEDICATE AND CONVEY UNTO THE CITY OF ASPEN, A MUNICIPAL CORPORATION, TO HOLD IN TRUST FOR THE PUBLIC, THAT PORTION OF EACH LOT RESERVED FOR SAID PRIVATE ROAD EASEMENT FOR THE PURPOSE OF A PUBLIC ROAD RIGHT-OF-WAY AND UTILITY EASEMENTS. WE, THE SIGNATORIES, BEING OWNERS OF A MAJORITY OF THE LOTS IN THE EASTWOOD SUBDIVISION IN THE INTEREST OF GOODWILL OF ALL, DO HEREBY AMEND THE PROTECTIVE COVENANTS AND EXTENSIONS THEREOF IN REGARDS TO SECTION 22 AND RELATED SECTIONS AS THEY APPLY TO THE PRIVATE ROAD CALLED EASTWOOD ROAD. SAID AMENDMENT SHALL RELEASE EACH LOT CROSSED BY OR ABUTTING ON SAID EASTWOOD ROAD, IF SAME IS ACCEPTED BY THE CITY OF ASPEN, A MUNICIPAL CORPORATION, FOR A PUBLIC ROAD RIGHT-OF-WAY AND UTILITY EASEMENTS FROM THE OBLIGATION OF THE COST OF MAINTENANCE, REPAIR AND PLOWING AS IT APPLIES TO THE PRIVATE ROAD. WE, EACH BEING OWNERS OF A PORTION OF SAID PRIVATE ROAD EASEMENT DO HEREBY GRANT AND CONVEY THAT PORTION UNTO SAID CITY OF ASPEN, A MUNICIPAL CORPORATION. THIS GRANT AND DEDICATION IS MADE UPON THE CONDITION THAT SAID STRIP OF LAND SHALL BE FOREVER KEPT OPEN AND USED AS A PUBLIC ROAD RIGHT-OF-WAY AND UTILITY EASEMENTS, AND THAT THE ACTUAL PAVEMENT OF ANY PUBLIC ROAD AND USE OF THE LAND HEREBY DEDICATED, SHALL BE LIMITED AS' MUCH AS IS PRACTICABLE, AS QTERMINED By mME CITY ENGIN ER, TO THE EXISTING PAVED ROADWAY AS IN PLACE. THIS CONVEYANCE IS MADE FOR THE PURPOSE OF A PUBLIC ROAD AND UTILITY EASEMENTS TO THE CITY OF ASPEN, A MUNICIPAL CORPORATION. WHEN SAID STRIP IS NO LONGER SO USED, IT SHALL REVERT TO THE GRANTORS AS SAID STRIP IS SHOWN HEREON AND ON THE EASTWOOD SUBDIVISION PLAT. THE RIGHT TO ESTABLISH GRADES AND TO BRING THE DEDICATED PRIVATE ROAD INTO CONFORMITY WITH ALL CITY REGULATIONS AND SPECIFICATIONS IS HEREBY GRANTED TO THE CITY OF ASPEN, AND ALL CLAIMS FOR DAMAGES WHICH MAY ARISE BY REASON OF CHANGING THE PRESENT SURFACE OF SAID STREET TO CONFORM TO SAID GRADES OR STREET IMPROVEMENT REQUIRED TO BE MADE TO CONFORM TO SAID REGULATIONS AND SPECIFICATIONS ARE HEREBY WAIVED. THIS DEDICATION OF THE PRIVATE ROAD EASEMENT FOR A PUBLIC ROAD RIGHT-OF-WAY AND UTILITY EASEMENTS MAY BE EXECUTED IN COUNTER PARTS, THE RECORDING OF SAID COUNTER PARTS BEING SHOWN HEREON, ALL OF WHICH WHEN TAKEN TOGETHER SHALL, BE DEEMED TO BE AS AEFFIVE AS LL PARTIES HAD EXECUTED THIS ONE ORIGINAL NT. PRINT NAME AND LOT NUMBER L07'41 7-4 SiVNATURE�C1/9LL�J LoT PRINT NAME AND LOT NUMBER STATE OF COLORADO) COUNTY OF PITKIN ;SS 44 IBED iD S O�tN TO BEFORE ME THIS 1 —-D Y OF BY AND ' $..MY HAND AND OFFICIAL SEAL. MISSION EXPIRES wIMan.gtnoar.n+ , .,. tl 6.91 evi PA6 PART OF LOT 21 ROA pING FORK LOT 26./ ° LOT 16 LOT 23 LOT 22 ti LOT 25 LOT 15 LOT 24 ... . ... TASTWOOD" L)T 14 ell LOT 13 LOT 10 LOT 11 LOT 12 CITY OF ASPEN IOLORADO ENGINEERING DEPARTMENT RARING F of,,, PART OF LOT Z: I r S, j Ojos ENGINEERING DEPARTMENT Al EASTWOOD SUBDIVISION APPROVALS: 7115 PLAT OF EASTWOOD SUBDIVISION IS APPROVED BY RESOLUTION OF THE PITKIN COUNTY PLANNING AND ZON- ING COMM195 JON TN:SDAY O JUNK, 19Co9. dAIRMAN of T4c IN tbUNTY FUNNING OUIN� m.w,.KION THIS RAT OF EASTWDOD SU5DIV151ON :5 A7PROV ED BY RESOLUTION OF THE PITY CIN COUNTY 50AR-D OF oMMISS- :ONES2S-_DAYOFJUNIE,IB(e9. THISAPPROVALI)ogs NOT 2A^o�E.GwEDX9AT.aO=.,RNANAx.,S.eEIlLN IcToiE5,FWASTE DISPOcSAL SYSTETM¢S, RVIC 7, NC E : THIS PLAT OF EASTVJOO'D SUBDIVISION IS ACCEPT- ED FOR FILING IN THE OFFICE OF CLERK AND RECARD- ER OF PITKIN COUNTY,COLORAVC) JAAJ DAY OPJUNIE, 19Ea9 t N PLAT $OOK /J�/J_ ON Pi.1GE . 11A�__ i3•_ �l.I .wo ¢c coan cla 111PVF DATA SURVEYORS CERTtF 1CAZC: 1, HAROLD W- JOHNSON, LICENSED l-AND SURVEYOR. NER66Y CERTIFY THAT L 'HAVE PREPARED THIS PLAT OF EASTw'COD SUBDIVISION. THAT THE LOCATION OF THE OUTSIDE BOUNDARYj,T2 , LOT0AR OS, AND OTHEFEATU2ES I$ 4 Z22TFL AND CORRECTLY SHOW/ HEP-EON ; -HAT THE SIML 15BASED ON ACTUAL FIELD SU _VEVS, AND BOUNDARY SURVEY BY GERARD H-PESM4T,;, AND THAT THE PLAT TES .07S AND ROADS CONFORM TO THOLE STAKED ON THE GROUND, IN WCTHIESS w"ERFOF, L HAVE SST MV HAND AND SEAL TH15 �� DAY OF JUNE,19" 4/ HAT LD W-JOHtJ}ON IA'Ji Inc( DEDICATION: DAV'D E DESORCY(HEREINAPTF.R C _ OWNER) 15 T,i _-` OF : - AFTE - DESCRIBED REAL Ti2CPERTY =S I- ,D OUT AN:. DED 5HOWN ON THE PLAT ON WHICH THIS DED•CATION^( S ENDORSED (HERE1 NAFT E2 CA__EO THE PLAT) WFi1CH PROPERTY SHALL BE HEREAFTER` KNOWN AND DESCIZIBED AS EAST - WOOD SUBDIV!S,ON, PITKIN COUNTY, COLORADO. 1. 42EA5 NOT DEDICATED: NO AREAS SHOWN ON THE PLAT ARE DEDICATED TO PUBLIC USE BUT PORTIONS 74EE'E- OF ARE. HEREBY DECLARED TO BE AND SHALL BE ENCUMBERED By EASEMENTS AS HEREINAF- TEE SPECIFIED. 2. PEIVATE-ROAD: I THE AREA MARKED ON THE PLAT AS EASTWOOD ROAD IS HEREBY DECLARED TO BE 1 AND SHALL BE ENCUMBERED BY AN EASEMENT FOR DRIVEWAY AND ACCE55 PU2 DOSES OR THE BE,;EFIT OF THE LOTS 1N EASTWOOD SUBDIVISION CROSSED BY 04 ABUTTING ON THE SAME 3. ACCESS EASEMENT: THE AREAS MARKED ON THE PLAT AS ACCESS EASEMENT AYE HEREBY DECLARED TO -iO0 BE pND SHALL BE ENCUMBERED BY AN EASEMENT FOR DRIVEWAY AND ACCE55 PURPOSES F02 THE BENEFIT OF THE LOTS IN EASTWOOD SUBD'_v'.SICIM CROSSED BY OR ABETTING ON THE SAME. A. WATERLINE AND WELL EASEMENT: THE AREA MASKED ON THE PLATAS WATERLINE AND WELL EASEMENT IS HER`EBY DE - 1 CLA¢ED TO BE AND SHALL 13S ENCUMBERED BY AN EASEMENT FOR WATEZ 1 I PIPELI ICES, PUMPS, CA51\SS A.:AP. RTENA LACES THERETO. 5- JTILIT IES AND 1ORAINAGE EASEMENTS: EAC11 AREA MARKED ON THE AT A,5 LMLITV EASEMENT ANAN AREA OF FEET ON EACi SIDE OF EACH .OT LINE SHOWN ON D CO H ON THE PLAT. AND AREA MENTIONED IN SECTION5 2 AND 3 ABOVE 1 CTO THE EXTENT ANY SUCH AREA IS WITMtQ EASTWOOD SUBDIVISION) ARE HEREBY DECLARED TO AND SHALL BE ENCUMBERED BY EASEMENTS FOR DRAINAGE AND FOR UTILITIES. INCLUDING WITHOUT LIMITATION WATER, SEWER. GAS. HEAT, ELECTRIC, AHD CABLE TELEVISION SERVICE. AN AD- DITIONAL AREA OF 5 FEET ON EITHER SIDE OF SAID EASEME NTS FOR DRAINAGE AND UTILITIES 'S CTC THE EXTENT ANY SUCH AREA IS WrtHIN EASTW000 SUBDIVISION) HEREEN DECLARED TO BE AND SHALL BE ENCUMBERED BY AN Fl.SEMEN-T FOR USE IN CONSTRUCTION AND MAINTENANCE OF UTILITIES AND DRAINAGE FgClLIT1E5. EASE MENTS EXCEPTED AND RESERVED To OWNS Q: L S uF 1j irk q.; OF THE EASEMENTS MENTIONED M SEC'10NS 2. 3.4 ANDS HEREIN SH4LL BE E%CLUB:VELY FOR TUE BENEFIT OF THE OWNER.H15 SUCCESSORS AND ASSIGNS, AND SUCH PROPERTY, PERSONS, i OR HIIITIES /S THE CWIUER,HIS SUCCESSORS AND 4551GN5 MAY, uEREAFTFR FT�M TIME T>ESbNA-E 06 ^ 4ND SAID EASEMENT TEf CE ER WITH THE EXCLUSIVE 156HT TO AUTNOZZE USE OF THE SAME, 412E M.00-:E12EBY E%FT2ESSLY FACE PIED AND RESERVED EXCLUSIVELY TO THE OWNER, HAS SUCCES- SORS AND ASSIGNS. 7 SUCCESSORS ANDASSIGNS: AS USED HEREIN. A SUCCESSOR OR ASSIGN OF THE OWNE9. SHALL BE DEEMED A 3T/CCE5501;1 OR AS516N OF THE OWNER ONL; ,F SPECIFICALLY DESIGNATED AS A SUCCESSOR OR ASSIGN OF THE,OWNER UNDER THIS DEDICATION 1N A WRITTEN INSTRUMENT AND ON N ­'H RESPECT —o THE PARTCULAR IIILHrS OR ANT ERE'ETS HEREUNDER SFSCIFICALLY DESIGNATED :N A WRTTEN 1NST>ZV MENT. 8. DESCRIPTION THE DESCR,OTION OF T HEIZEAL PROPER^( LAIDOUTAND SUBDIVIDED AS EAS,,ccl, SUB- . _SfCN AND SHOWN ON THE PLIT IS AS FOLLOWS: BEGINNING AT A POINT BEING6N 0 FEET N.01.21E ON LINE 2-3 OF TL HE ABOVE DESCRIBED REAVPOPERT IS PART OF LOT 10 AMENDED HIGHLANDPIACER(6120AM) FROM CORNER2,THENCJ< S29'3i BC OC SECTION Ie AND LOTA, OF SECTION IT, ALW L IN TOWNSHIP IO G.ITBFEET,THENCE 5.29'3,'E. GT. B FEET. THENCE ON A CURVE TO THE SOUTH,R4NGE 84 WEST OF THE EaTH P.M.,T•ITKIN COUNT Y. LEFT WHOSE RADIUS 1S 5330 FEET,A DISTANCE OF 211S FEET (CHORD COLARAOO BEAMS 5. 44'R2'E. 2T44 FEET)THE NCE S.SV27'E. IO4.1 FEET THEW -EON IN U:ITNESS WHEi2EOF OWNER HAS ExECOTED THIS DGD1- AWRVE TO THE LEFT WHOSE RADIUS 14 Sac O FEET, A DISTANCE OF 3056 C TION TH15 21 . 't kv OF AON6. 1969 FEE T, CCHCQD BEARS ST5 S3WE 3011FEET7,THENCE AI Bl•40'E.ITTT FEET THENCE ON A CURVE TO THE MIGHT UAIDSE RADIUS IS 6150 PEST, A A DSTANCE a S40 o4 FEET.(WORp HEPRS S.l:o't4'E. %36.,b FEET) THEWG DAV1D SORCV N.Y *• ;E. I11OFEET, THENCE' ON A CURVE TO THE RIGHT RIHOSE RADIUS IS 130.0 FEET, A TJ15TgNCE OF 12910 FEET,(CTiORD BEARS N. 64 41'F .124 40 • ET),THENCE 5M•q•{ E. Tf.te FEET, THENCE ON CURVE lO THE LEFT WI[hE RADIt1$ 15 90.D FEET, A dSTANGE OF g5 33 FEET.(WOPD BEARS N 9D'N' STATG OFCOLORADO) E. Al 9A FEET), THENCE N. 12%40'W. 221 FEET, THENCE ON A CURVE TO THE ) SS LEFT UnIOSE 1240105 IS TO.O FEET, A DISTANCE OF 40 59 FEET, (CHORD COUNTY OF PITKIN ) SEARS N32•SI'W.4--- FEET),THENCE 214. a FEET,THEN THE FORCGOI­ INSTRUMENT WAS ACYNOWLEDVED ON ACURY5 TO THE RIGHT WHOSE -RADIUS IS 16T. 3 FEET, A DISTANCE BFF02E Mr. THIS__DAY OF JUNC, 111911Y DAVID E. OFT3.M FEET,CCHORDIREARS SB3'2B'W. T293 FEET), THENCE N. DESORCV B4^o6W S24 1 F 6T,TNENOCURVETO N A CVE TU%I O THE VtWT OSE WITNESS MY HAND AND OFFICIAL SGAL - 12AD1U5lS'3093 FEET, A DISTANCE OF 2I'S.3. FE ET.(CH ORD 8EAR5 MVCOMMISSION v%PI2CS .46 1SOW- 211 521 FEET), THENCE N-44'oO W-;2216 FEET.THTcVCL _ NORTH_0 FEET.THENCE FAST42-AS FEET, THENCE NORTH 19C. FEET, THENCE WEST 231-10 FEET, THENCE NORTH 319-S0 NOTARY PUBLIG FEET, THENCE N8B•52'W. 1203B FEET, THENCE S 01-IT W. TG4 4I TO THE POINT OF BEGINNING. CONTAINING I%90S ACRES. MORE OR LG SS .