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Land Use Case.210 Sesame St.0078.2010.ASLU
0078.2010.ASLU 210 SESAME ST I PARCEL ID 2737 07 4 20 002 LOT LINE ADJUSTMENT i 1 ./. I -- 1 rTLy ~-TI Cal p*ULA Viti R 1 t · · THE CITY OF AspEN City of Aspen Community Development Department CASE NUMBER 0078.2010.ASLU PARCEL ID NUMBER 2737 07 4 20 002 PROJECTS ADDRESS 210 SESAME ST PLANNER AMY GUTHRIE CASE DESCRIPTION LOT LINE ADJUSTMENT REPRESENTATIVE CURTIS SANDERS DATE OF FINAL ACTION 8.1.11 CLOSED BY ANGELA SCOREY ON: 8.12.11 8 94 P 11 LOT LINE ADJUSTMENT PLAT OF LOT 2, ASPEN ELECTRIC SUBDIVISION AND MIDLAND PARK SUBDIVISION THE PURPOSE OF THIS LOT LINE ADJUSTMENT PLAT OF LOT 2, ASPEN ELECTRIC SUBDIVISION AND MIDLAND PARK SUBD 1VISION IS TO ADJUST THE COMMON LOT LINES BETWEEN LOT 2, ASPEN ELECTRIC SUBDIV:SION AND THE MIDLAND PARK SU8DIVISI0N TO PROVIDE FOR THE ADD ITION OF THE EXCHANGE PARCEL DESCRIBED HEREIN TO LOT 2, ASPEN ELECTRIC SUBDiviSION AND THE SUBTRACTION OF THE EXCHANGE PARCEL DESCR;BED HEREIN TROM THE MIDLAND PARK SUBDIV]SION DEPARTMENT 0, CO~lUNI TY DEVELOPMENT APPROVAL 0 - ....... „„ 971. AR=62:c~idZet*rrM°i'i:a€417 -.101 15 -0'~D v C,r, 0, m.. 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CWC•4 2 - ~r•·r/,3 - Irr *Dic*. 'r't.r t.* A.k _ 2 3,41!1 - ,/Ql/*'mgneeds/Z#29#73#* :----T----'-4~-Z-'GimrmAm'Aldlic Al.. ... 3-3-3,11 0•.el AU'·ik ,· •--'--- 4* *'1'1'm'·4~1714J -IP~rrn, li; drif:,fful -1 9 3 90!I ..'...0'r- 1 'jr/ , b - 13-20 4#*193 - lh- 84 15. re PREPARED I ..11@® LF;:ZA),EST,2/5-4<.awk'p./1.9.1flarhr*.Nt., ... 3_1*11 =91* 1- ..A2*lp¢£6 4141*fpp -D'- |PIF. ASPEN SiJRVEY ENGINEERS. iNC '11* - a.3.*11 210 SOUT}+ G:~LEN• STREEET 5 U ...71 46\\ ASPEN CG~ORAD© 01/11 PWONE/... 97. 925 3818 *fEb'Abirihi~' ,©21486 SHEET 2 OF 2 DATE JOB 3770 -CT RECEPNON,1 77407 02/00/2011 * 09 04 5 *cu K Vol in County co PLAT- 96 P 12 ATTORNEYS & COUNSELORS AT LAW JEROME PROFESSIONAL BUILDING 201 NORTH MILL STREET, SUITE 201 ASPEN, COLORADO 81611-1557 Sherman & Howard L.L.C. TELEPI IONE: (970) 925-6300 FAX: (970) 925-1181 OFFICES IN: DENVER · COLORADO SPRINGS · ASPEN· VAIL STEAMBOAT SPRINGS · PT IOENIX · SCOTTSDALE - RENO · LAS VEGAS · ST. LOUIS Curtis B. Sanders Office Number (970) 925-6300 Ext. 214 E-mail: esanders@shermanhoward.com February 4,2011 Via Hand Delivery Jessica Garrow City of Aspen Community Development Department 130 South Galena Street, Third Floor Aspen, Colorado 81611 Re: Case No. 00728.2010.ASLU-210 Sesame St.; Alain Degraeve; Midland Park Subdivision Owners; Administrative Lot Line Adjustment Application for Lot 2 Aspen, Electric Subdivision and Midland Park Subdivision Dear Jessica: With this letter, I attach two fully executed original mylars for the above matter. At your earliest convenience, please arrange for the processing and recording of these mylars by the City of Aspen. Sincerely/1 , s B'7Saders- Ene. Ce: Alain Degraeve LITIGATION\2757405.1 , Jessica Garrow From: Jessica Garrow Sent: Thursday, December 23, 2010 10:55 AM To: 'Sanders, Curtis '; Tricia Aragon CC: Alain Degraeve, Anne Marie McPhee; John Howorth Subject: RE: 201 Sesame & Midland Park Lot line adjustment Hi Curt- Responses from Trish and myself are included in red below. Please let us know if you have any questions. th We'd like to see another paper copy before this goes to mylars Trish will be out of the office until January 4 , but I am here all next week to review. Thanks, Jessica Jessica Garrow, AICP Long Range Planner City of Aspen Community Development Department 970.429.2780 www.aspencommunityvision.com From: Sanders, Curtis [mailto:csanders@shermanhoward.com] Sent: Tuesday, December 21, 2010 8:59 AM To: Jessica Garrow; Tricia Aragon Cc: Alain Degraeve; Anne Marie McPhee; John Howorth Subject: 201 Sesame & Midland Park Lot line adjustment Tricia and Jennifer Thank you for your comments on the draft Lot Line Adjustment Plat. Before I have John Howorth undertake a set of revisions to the draft that I submitted, I would like to confirm the following (1) Midland Park Subdivision. I attach a copy of the recorded Midland Park Subdivision Plat. Several of your comments and questions related to the specifics of the Midland Park Subdivision. After reviewing this instrument, please let me know which details from this instrument need to be shown on the Lot Line Adjustment Plat, such as the private access road, powerline easement, etc. Additionally, you asked about the 15 foot power line easement depicted on the draft Lot Line Adjustment Plat in the northeastern-most corner of the Midland Park Subdivision. This easement is shown on the Midland Park Subdivision Plat. Also note that there are eight buildings located on the Midland Park Subdivision property. Hopefully, we do not need building locations with ties for all of these buildings. Please let me know if we need a building location with a tie for the Lot 2, Aspen Electric Subdivision parcel. If so, it will be difficult to show all of these improvements since the size of the depiction of the Lot 2, Aspen Electric Subdivision parcel needs to be small enough to accommodate a depiction of the entire Midland Park Subdivision parcel. You do not need to show buildingedth ties, . but you do need to show the easements. €h©~.0 0-0«4-tnQU rv,Acl Ioun•4 (2) Lot 2, Aspen Electric Subdivision. You asked about the correct plat reference for Lot 2, Aspen Electric Subdivision. There are actually several plat references affecting this property, and the full legal description of the property is as follows: Lot 2, ASPEN ELECTRIC SUBDIVISION, according to the Plat thereof recorded February 19, 1993 in Plat Book 30 at Page 85 as Reception No. 354093 and Amended Plat of Aspen Electric Subdivision recorded September 10, 2003 in Plat Book 67 at Page 6 as Reception No. 488179, and Lot Line Adjustment Plat of Lot 5, Sunny Park North Subdivision and Lot 2, Aspen Electric Subdivision recorded June 24,2005 in Plat Book 73 at Page 72 as Reception No. 510454. ~\ ~*I~ 2- If you want, I can include this legal description on the Lot Line Adjustment Plat, and have some sort of shorthand reference to it on the depiction of the lot line boundaries, such as "Lot 2, Aspen Electric Subdivision Property". This legal description of Lot~Lneelia-19 be- included on the pILL ~1004- neU 10 -64- 1-0 6-DA ry\£0¢~l.jAA.e--iitz/\ (3) Exchange Parcel: Landscaped Area. There should not be any references to a "Landscaped Area on the Lot Line Adjustment Plat, and I will have these references removed. The only land being exchanged is the "Exchange Parcel", which is to be included in the amended Lot 2, Aspen Electric Subdivision property and is being subtracted from Midland Park Subdivision Thanks for removing this reference. (4) Statement of Purpose. I will have the Lot Line Adjustment Plat revised to provide for the following statement of purpose, which will be set forth immediately below the title of the Lot Line Adjustment Plat. THE PURPOSE OF THIS LOT LINE ADJUSTMENT PLAT IS TO PROVIDE FOR AN ADJUSTMENT OF THE COMMON BOUNDARY BETWEEN LOT 2, ASPEN ELECTRIC SUBDIVISION AND THE MIDLAND PARK SUBDIVISION. This revised purpose statement is fine. - (5) Dedication Language. It appears that you were not provided with Sheet 2 of the Lot Line Adjustment Plat. Sheet 2 is attached to this email. After the legal description of the Lot 2, Aspen Electric Subdivision parcel, I will insert the following additional language: " has by these presents laid out and platted the same as provided for in this Lot Line Adjustment Plat of Lot 2, Aspen Electric Subdivision and Midland Park Subdivision" After the legal description of the Midland Park Subdivision parcel, I will insert the following additional language: " . have by these presents laid out and platted the same as provided for in this Lot Line Adjustment Plat of Lot 2, Aspen Electric Subdivision and Midland Park Subdivision" Please let me know if this revised dedication language is acceptable. My note was referring to the descriptions of the - exchange parcels not the dedication. -Il-=.Ill- (6) Plat Notes. I will revise the plat notes language to provide as following with respect to future development of the properties THIS LOT LINE ADJUSTMENT SHALL NOT RESULT IN ANY INCREASE IN THE PERMITTED FLOOR AREA, MAXIMUM ALLOWABLE DENSITY, OR EXISTING DEVELOPMENT RIGHTS OF LOT 2, ASPEN ELECTRIC. THIS LOT LINE ADJUSTMENT MAY RESULT IN A DECREASE IN THE PERMITTED FLOOR AREA, MAXIMUM ALLOWABLE DENSITY, OR EXISTING DEVELOPMENT RIGHTS OF THE MIDLAND PARK SUBDIVISION. Please let me know if this revised language is acceptable. These plat notes will work. Please also make sure that the Vicinity Map andlotareas are included. (7) Delineation of Cul De Sac. I can have the Park Circle cul de sac depicted, as it is shown on the Sunny Park Subdivision Plat recorded in Plat Book 3, at Page 52. However, the cul de sac really doesn't exist anymore since a portion of the lands around it were conveyed to the City as shown on the Sunny Park North Boundary Adjustment and Annexation Map recorded in Plat Book 20 at Page 2. If you need a copy of this instrument please let me know. All adjacent right of way needs to be depicted. ILit's not there anymore then it doesn't need to be depicted. - 941,4 ·64¢ PAi|6 AVO Please call or email me with any questions, and if it easier, I can come to your office if necessary. -Curt Curtis B. Sanders SHERMAN & HOWARD L.L.C. 201 North Mill Street, Suite 201 Aspen, CO 81611 (970) 925-6300 ph (970) 925-1181 fax csanders@shermanhoward.com www.shermanhoward.com This electronic mail transmission and any attachments contain information belonging to the sender which may be confidential and legally privileged. This information is intended only for the use of the individual or entity to whom this electronic mail transmission was sent as indicated above. If you are not the intended recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the information contained in this transmission is strictly prohibited. If you have received this transmission in error, please immediately inform me by "reply" email and delete the message. Thank you 2 ; This e-mail and any attached documents may coi,ain provisions concerning a federal tax issue or issues. 1-his e-mail and any attached documents are not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding penalties that may be imposed on any taxpayer by the Internal Revenue Service For information about this statement, contact Sherman & Howard L.L.C. or visit our website at http //www.shermanhoward com/PrivacyPolicy/Circular230/ From: Jessica Garrow [mailto:Jessica.Garrow@ci.aspen.co.us] Sent: Tuesday, December 14, 2010 3:06 PM To: Sanders, Curtis Subject: 201 Sesame & Midland Park Lot line adjustment Hi Curt Attached is the lot line adjustment survey with my comments and the City Engineer's comments. There seems to be some confusion aboutthe landscaped area. Isthis part of the settlement? And which lot is it partof? A number of the comments on the plat are related to this area. Please let me know if you have any questions. I recommend doing another paper copy for us to review before going to mylars. Cheers, Jessica Jessica Garrow, AICP Long Range Planner Community Development Department City of Aspen 130 South Galena Street Aspen, CO 81611 970.429.2780 www.aspencommunityvision.com www.aspenpitkin.com 3 Jessica Garrow From: Sanders, Curtis [csanders@shermanhoward.com] Sent: Tuesday, December 21, 2010 8.59 AM To: Jessica Garrow; Tricia Aragon CC: Alain Degraeve; Anne Marie McPhee; John Howorth Subject: 201 Sesame & Midland Park Lot line adjustment Attachments: Aspen Electric and Midland plat comments.pdf; Midland Park Subdivision Condominium Map.PDF; 116.PDF Tricia and Jennifer Thank you for your comments on the draft Lot Line Adjustment Plat. Before I have John Howorth undertake a set of revisions to the draft that I submitted, I would like to confirm the following (1) Midland Park Subdivision. I attach a copy of the recorded Midland Park Subdivision Plat. Several of your comments and questions related to the specifics of the Midland Park Subdivision. After reviewing this instrument, please let me ¢D know which details from this instrument need to be shown on the Lot Line Adjustment Plat, such as the private access i road, powerline easement, etc. Additionally, you asked about the 15 foot power line easement depicted on the draft Lot j)Line Adjustment Plat in the northeastern-most corner of the Midland Park Subdivision. This easement is shown on the Midland Park Subdivision Plat. Also note that there are eight buildings located on the Midland Park Subdivision property. Hopefully, we do not need building locations with ties for all of these buildings. Please let me know if we need a building location with a tie for the Lot 2, Aspen Electric Subdivision parcel. If so, it will be difficult to show all of these improvements since the size of the depiction of the Lot 2, Aspen Electric Subdivision parcel needs to be small enough to accommodate a depiction of the entire Midland Park Subdivision parcel. (2) Lot 2, Aspen Electric Subdivision. You asked about the correct plat reference for Lot 2, Aspen Electric Subdivision. 26 There are actually several plat references affecting this property, and the full legal description of the property is as follows: Lot 2, ASPEN ELECTRIC SUBDIVISION, according to the Plat thereof recorded February 19, 1993 in Plat Book 30 at Page 85 as Reception No. 354093 and Amended Plat of Aspen Electric Subdivision recorded September 10, 2003 in Plat Book 67 at Page 6 as Reception No. 488179, and Lot Line Adjustment Plat of Lot 5, Sunny Park North Subdivision and 5 Lot 2, Aspen Electric Subdivision recorded June 24,2005 in Plat Book 73 at Page 72 as Reception No. 510454. ~ If you want, I can include this legal description on the Lot Line Adjustment Plat, and have some sort of shorthand reference to it on the depiction of the lot line boundaries, such as "Lot 2, Aspen Electric Subdivision Property" 13) Exchange Parcel; Landscaped Area. There should not be any references to a "Landscaped Area on the Lot Line /Adjustment Plat, and I will have these references removed. The only land being exchanged is the "Exchange Parcel", V which is to be included in the amended Lot 2, Aspen Electric Subdivision property and is being subtracted from Midland Park Subdivision. (4) Statement of Purpose. I will have the Lot Line Adjustment Plat revised to provide for the following statement of purpose, which will be set forth immediately below the title of the Lot Line Adjustment Plat. v/fHE PURPOSE OF THIS LOT LINE ADJUSTMENT PLAT IS TO PROVIDE FOR AN ADJUSTMENT OF THE COMMON BOUNDARY BETWEEN LOT 2, ASPEN ELECTRIC SUBDIVISION AND THE MIDLAND PARK SUBDIVISION. (5) Dedication Language. It appears that you were not provided with Sheet 2 of the Lot Line Adjustment Plat. Sheet 2 is '~) attached to this email. After the legal description of the Lot 2, Aspen Electric Subdivision parcel, I will insert the following additional language: " has by these presents laid out and platted the same as provided for in this Lot Line Adjustment Plat of Lot 2, Aspen Electric Subdivision and Midland Park Subdivision" After the legal description of the Midland Park Subdivision parcel, I will insert the following additional language: " have by these presents laid out and platted the same as provided for in this Lot Line Adjustment Plat of Lot 2, Aspen Electric Subdivision and Midland Park Subdivision". 1 Please let me know if this revised dedication language is acceptable. (6) Plat Notes. I will revise the plat notes language to provide as following with respect to future development of the properties: / THIS LOT LINE ADJUSTMENT SHALL NOT RESULT IN ANY INCREASE IN THE PERMITTED FLOOR AREA, 4 MAXIMUM ALLOWABLE DENSITY, OR EXISTING DEVELOPMENT RIGHTS OF LOT 2, ASPEN ELECTRIC. ~THIS LOT LINE ADJUSTMENT MAY RESULT IN A DECREASE IN THE PERMITTED FLOOR AREA, MAXIMUM ALLOWABLE DENSITY, OR EXISTING DEVELOPMENT RIGHTS OF THE MIDLAND PARK SUBDIVISION. Please let me know if this revised language is acceptable. (7) Delineation of Cul De Sac. I can have the Park Circle cul de sac depicted, as it is shown on the Sunny Park Subdivision Plat recorded in Plat Book 3, at Page 52. However, the cul de sac really doesn't exist anymore since a portion of the lands around it were conveyed to the City as shown on the Sunny Park North Boundary Adjustment and Annexation Map recorded in Plat Book 20 at Page 2. If you need a copy of this instrument please let me know. Please call or email me with any questions, and if it easier, I can come to your office if necessary. -Curt 8eA-4e-_ ad& ivi -\W Qet ayea --b p- Curtis B. Sanders SHERMAN & HOWARD L.L.C. 20-eA pa,red- 644 ;r -tu- Qy,chewq,w 201 North Mill Street, Suite 201 Aspen, CO 81611 4 (6le¢*Al-tl-Q-. avtcl- # -tw exkat fLa-0, (970) 925-6300 ph (970) 925-1181 fax csanders@shermanhoward.com www.shermanhoward.com This electronic mail transmission and any attachments contain jnformation belonging to the sender which may be confidential and legally privileged This information is intended only for the use of the individual or entity to whom this electronic mail transmission was sent as indicated above If you are not the intended recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the information contained in this transmission is strictly prohibited. If you have received this transmission in error, please immediately inform me by "reply" email and delete the message. Thank you This e-mail and any attached documents may contain provisions concerning a federal tax issue or issues. This e-mail and any attached documents are not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding penalt es that may be imposed on any taxpayer by the Internal Revenue Service. For informat on about this statement, contact Sherman & Howard L.L.C or visit our website at http //www shermanhoward,corn/PrivacyPolic¥/Circular230/ From: Jessica Garrow [mailto:Jessica.Garrow@ci.aspen.co.us] Sent: Tuesday, December 14, 2010 3:06 PM To: Sanders, Curtis Subject: 201 Sesame & Midland Park Lot line adjustment Hi Curt Attached is the lot line adjustment survey with my comments and the City Engineer's comments. There seems to be some confusion about the landscaped area. Isthispart ofthesettlement? And which lot isitpart of? A numberofthe comments on the plat are related to this area. Please let me know if you have any questions. I recommend doing another paper copy for us to review before going to mylars. Cheers, Jessica 2 f - ATTORNFYS & COUNSELORS AT LAW JEROME PROFESSIONAL BUILDING 201 NORTH MILL STREET, SUITE 201 ASPEN, COLORADO 81611-1557 Sherman & Howard L.L.C. THI.EPI IONE: (970) 925-6300 FAX: (970) 925-1181 OFFICES IN: DENVER · COLORADO SPRINGS · ASPEN· VAIL STEAMBOAT SPRINGS · PHOENIX · SCOTTSDALE · RENO · LAS VEGAS · ST. LOUIS Curtis B. Sanders Office Number (970) 925-6300 Ext. 214 E-mail: csanders@shermanhoward.com RECEIVED December 2, 2010 Via Hand Delivery DEC 0 3 2010 CITY OF ASPEN Amy Guthrie COMMUNITY DEVELOPMENT City o f Aspen Community Development Department 133 South Galena Street, Third Floor Aspen. Colorado 81611 Re: Alain Degraeve; Midland Park Subdivision Owners; Administrative Lot Line Adjustment Application for Lot 2 Aspen, Electric Subdivision and Midland Park Subdivision Dear Atiiy: I am writing you on behalf of my client Alain Degraeve and in connection with the above matter. Mr. Degraeve is a Co-Applicant with respect to the above referenced land use application. and although I do not represent the Midland Park Subdivision owners as the other named Co-Applicants. I will be principally responsible for the filing and processing of this matter. As we have discussed, Mr. Degraeve is the owner of 210 Sesame Street. Aspen, Colorado 81611. as legally described in the attached Certificate and Disclosure of Ownership of Alain Degraeve (the "Degraeve Property"). The Degraeve Property lies immediately to the north of the Midland Park Subdivision located 112 Midland Park Place, Aspen, Colorado 81611 and the Degraeve Property and the Midland Park Subdivision Property's common elements share a common boundary of approximately 150 feet in length. The Midland Park Subdivision is comprised of 37 units. and according to the Condominium Declaration for the Midland Park Subdivision recorded in Book 353 at Page 504, all of the Midland Park Subdivision unit owners own the Midland Park Subdivision' s common elements as tenants in common. The Midland Park Subdivision owners are represented by attorney Anne Marie McPhee of Oates, Knezevich, Gardenswartz & Kelly. P.C. As a result of a survey error, a dispute has existed between Mr. Degraeve and the Midland Park Subdivision owners regarding the location of the common boundary and the ownership of an area of land which is approximately 1,672 square feet in size. This dispute LITIGATION\2757405.1 resulted in a pending quiet title action in Pitkin County District Court captioned as Alain Degraeve v. Catherine Anne Hagen et al., 2009 CV 159. On April 12,2010, Mr. Degraeve and the Midland Subdivision owners entered into a settlement agreement which provided for, among other things, the Midland Subdivision owners' agreement to quitclaim their asserted interest in the disputed lands to Mr. Degraeve and to re- configure the common boundary between the Degraeve Property and Midland Park Subdivision. Additionally. the parties filed with the Court a Stipulated Motion for Entry of Quiet Title Decree requesting that the Court quiet title to the disputed lands in Mr. Degraeve. On August 22,2010, the Court issued a Decree quieting title to the disputed lands in Mr. Degraeve, which was recorded in the real estate records on August 27,2010 as Reception No. 573105. Given that the Degraeve Property is located within a platted subdivision and the Midland Park Subdivision is itsel f a platted subdivision, Mr. Degraeve and the Midland Park Subdivision owners. as co-applicants. therefore wish to obtain the City of Aspen's approval of a lot line adjustment which will re-configure their common boundary so that it conforms to the parties' wishes and the Court's Quiet Title Decree. Therefore, in connection with the above matter, I enclose the following documents: 1. City of Aspen Pre-Application Conference Summary dated July 2, 2010 (two copies); 2. Letter of Representation of Alain Degraeve as owner of 210 Sesame Street, Aspen, Colorado 81611 authorizing attorney Curtis B. Sanders to act as Applicant's representative (two copies): 3. Letter of Representation of owners of Midland Park Subdivision as owners of Midland Park Subdivision common elements authorizing attorney Anne Marie MePhee to act as Applicants representative (two copies); 4. City o f Aspen Land Use Application Form (two copies); 5. Agreement for Payment of City of Aspen Development Application Fees (two copies); 6. Certificate and Disclosure of Ownership of Alain Degraeve as owner of 210 Sesame Street, Aspen, Colorado 81611 (two copies); 7. Certificate and Disclosure of Ownership of certain individuals as owners of the Midland Park Subdivision (two copies); 8. Vicinity Map depicting 210 Sesame Street, Aspen, Colorado 81611 and Midland Park Subdivision (two copies); 9. Proposed form of Lot Line Adjustment Plat of Lot 2, Aspen Electric Subdivision and Midland Park Subdivision (two copies); and 10. The August 22,2010 Quiet Title Decree (two copies); 2 LITIGATION\2757405.1 .. 10. Filing fee in the amount of $735.00. lf you have any questions, please feel free to contact either me on behalf o f co-applicant Alain Degraeve, or attorney Anne Marie MePhee on behal f of co-applicants Midland Park Subdivision owners. ~ncerel- Curtis H. Sanders Enc. ec: Anne Marie McPhee, Esq. Alain Degraeve 3 LITIGATION\2757405.1 RECEIVED DEC O 3 2010 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMEN]9 TY OF ASPEN COMMUNITY DEVELOPMENT Agreement for Pavment of Citv of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Alain R. Degraeve (hereinafter APPLICANT) AGREE AS FOLLOWS: a. APPLICANT has submitted to CITY an application for Administrative Lot Line Adjustment (hereinafter, THE PROJECT). b. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. c. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent ofthe costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty ofrecovering its full costs to process APPLICANT'S application. d. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. e. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $735.00 which is for three (3) hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT A By: By: Chris Bendon Li Community Development Director Date: Billing Address and Telephone Number: P.O. Box 7975 Aspen, Colorado 81612 (970) 948-2620 LITIGATION\2734253.2 RECEIVED \/ CITY OF ASPEN DEC 0 3 2010 PRE-APPLICATION CONFERENCE SUMMARY CITY OF ASPEN COMMUNITY DEVELOPMENT PLANNER: Amy Guthrie, 429-2758 DATE: July 2, 2010 PROJECT: 210 Sesame Street and Midland Park Condominiums REPRESENTATIVE: Curt Sanders, Counsel representing owner of 210 Sesame Street Anne Marie McPhee, Counsel representing owners of Midland Park Condominiums DESCRIPTION: Two abutting properties have recently completed a court settlement regarding a dispute over an area of land that each claimed to own. The land in question has been determined to belong to 210 Sesame Street, not Midland Park Condominiums. The owners wish to complete a lot line adjustment, formalizing the decision in a recorded plat. Lot line adjustment is an Administrative Review and must meet the criteria at Section 26.480.030.A.1 of the Municipal Code. The requirements include a note on the plat acknowledging that no additional development rights will be granted to 210 Sesame as a result of the new lot area. , The application for lot line adjustment must include a draft plat for review and comment. Mylar and final signatures occur after all requirements are found to be met. Signature blocks on the plat should include Community Development, City Engineering, Pitkin County Clerk and Recorder, Surveyor, and Title Company. The City will not require that the plat include signature lines for the mortgage holder's of the affected property. Both 210 Sesame and Midland Park Condominiums have PUD overlays. In the case of 210 Sesame, the PUD does not appear to have established any specific requirements for development on the property, other than the typical rights allowed for a property of its size in the R-15 zone district. In the case of Midland Park Condominiums, the PUD is related to a site specific development plan represented by the existing conditions. A reduction in the lot size for this parcel could be an important consideration if expansion is proposed in the future, therefore Community Development requires a separate Insubtantial PUD Amendment application to document the lot size change at Midland Park. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.455.100.A Insubstantial Amendment of PUD Development Order 26.480.030.A.1 Subdivision Exemption, Lot Line Adjustment Review by: Staff for complete application and conformance with Land Use Code Public Hearing: No Planning Fees: $735 Deposit for 3 hours of staff time (additional staff time required is billed at $245 per hour). Please submit separate applications and fees for the Lot Line Adjustment and Insubstantial PUD Amendment Referral Fees: None Total Deposit: $735 per application To apply, submit the following information: Il Proof of ownership with payment. Il Signed fee agreement. Il Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 1.1 1 IGATION\2964863.1 0 Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 0 Total deposit for review of the application. 0 2.Copies of the complete application packet and maps. HPC = 12; PZ = 10; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 1 £ An 81/2" by 11'vicinity map locating the parcel within the City of Aspen. Il Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) O A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. List of adjacent property owners within 300' for public hearing Il Copies of prior approvals. 0 Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. 0 Applicants are advised that building plans will be required to meet the International Building Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal addresses these building-related and accessibility regulations. You may contact the Building Department at 920-5090 for additional information. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right 1.1 1-]GATION\2964863.1 ALAIN R. DEGRAEVE P.O. Box 7975 Aspen, Colorado 81612 November 2, 2010 Ms. Amy Guthrie City of Aspen Planning Department 130 South Galena Street, Third Floor Aspen, Colorado 81611 Re: Authorization for Representation; City of Aspen Lot Line Adjustment Application Dear Ms. Guthrie: This letter will constitute the authorization for Curtis B. Sanders, Sherman & Howard L.L.C., 201 North Mill, Suite 201, Aspen, Colorado 81611 (telephone (970) 925-6300) to represent me with respect to an Application for Lot Line Adjustment for my property described as Lot 2, Aspen Electric Subdivision, according to the Plat thereof recorded February 19, 1993 in Plat Book 30 at Page 85 as Reception No. 354093, as amended by the Lot Line Adjustment Plat of Lot 5, Sunny Park North Subdivision and Lot 2, Aspen Electric Subdivision recorded May 24, 2005 in Plat Book 73 at Page 72, Pitkin County, Colorado, and familiarly known as 210 Sesame Street, Aspen, Colorado 81611, together with those additional lands as described in that certain Decree Quieting Title and Order Dismissing Claims With Prejudice recorded on August 27,2010 as Reception No. 573105, Pitkin County, Colorado, and all matters related thereto, as well as my written consent to the filing and processing of such application with the City of Aspen. Very -17 Alain ]REFREve LITIGATION\2551268.2 -44 14.a. MIDLAND PARK CONDOMINIUM ASSOCIATION 101 Midland Park Place P.O. Box ]0609 Aspen, Colorado 81612 December 2, 2010 Ms. Amy Guthrie Aspen/Pitkin Planning Office 130 South Galena, Third Floor Aspen, Colorado 81611 Re: Authorization for Representation; City of Aspen Lot Line Adjustment Application Dear Ms. Guthrie: This letter will constitute the authorization for attorney Anne Marie MePhee, Oates Knezevich, Gardenswartz & Kelly, P.C.. 533 East Hopkins Avenue, Third Floor, Aspen, Colorado 81611 (telephone (970) 920-1700) to represent us with respect to an Application for Lot Line Adjustment affecting our undivided interests iIl the real property described as the Common Elements of the Midland Park Subdivision, according to the Map thereof recorded August 29, 1978 in Plat Book 6 at Page 138 as Reception No. 206861, and as further defined and described in the Condominium Declaration for midland Park Subdivision recorded August 29, 1978 in Book 353 at Page 504 as Reception No. 206860, less certain lands as described in that certain Decree Quieting Title and Order Dismissing Claims With Prejudice recorded on August 27,2010 as Reception No. 573105, Pitkin County, Colorado, and all matters related thereto, as well as our written consent to the filing and processing of such application with the City of Aspen. Very truly yours, At f 10 Dak. 11-f 1-~12) Jam¢s Michael McPhee, Attorney-in-Fact for 1 Midland Park Subdivision Owners, as described in the attached Exhibit A 5 4 / .1 0 rg/*un»e»1~~/f Date: /*-/ i, / 2/ 4~ / 71 /14 Thomas W. Griffiths, Attorney-in-Fact for / i Midland Park Subdivision Owners, as described iii the attached Exhibit'A Exhibit A to Authorization for Representation IMidland Park Subdivision Association Sara B. Gallon, Unit A-10 Peter J. Fornell, Unit D-2 Peggy Johnston Living Trust. Unit A-11 Scott R. MacCracken, Unit D-3 Kerri L. Brooks, Unit A-12 Marisa Post MacCracken, Unit D-3 Timothy LaCroix. Unit A-13 Ronald M. Chauner, Unit D-4 Nicholas G. Milton, Unit A-21 Jackie L. Sheffer Chauner,, Unit D-4 Carrie S. McKenzie-Milton, Unit A-21 Donald Nelson Smith, Unit E-1 Karen Birach, Unit A-22 Judith A. Kolberg, Unit E-1 Catherine Anne Hagen, Unit B-10 Pamela Cunningham, Unit E-2 Cynthia Michele LIouben, Unit B-11 Todd E. Welden, Unit E-3 Jill C. Winkler, Unit B-12 Deborah C. Welden, Unit E-3 Jeffrey R. Boyd. Unit B-13 Thomas W. Griffiths, Unit E-4 Susan M. Dodington, Unit B-21 John Bakken, Unit F-1 Anton K. Sponar, Unit B-22 Liza N. Bakken, Unit F-1 Judy Sponar, Unit B-22 Paul S. Perley, Unit F-2 Jeffrey B. Bestic, Unit C-1 Jenifer Blomquist, Unit F-2 David Fuentes, Unit C-2 Scott A. Nichols, Unit F-3 Katherine D. Fuentes, Unit C-2 Brigitte T. Birrfelder, Unit F-3 Paul Higgins, Unit C-3 Deborah Stein, Unit G-10 Kathryn S. Koch, Unit C-4 Greg Jefferson, Unit G-11 John F. Koch, Unit C-4 John Everette, Unit G-12 James Michael MePhee, Unit D-1 Amy Gleason. Unit G-12 Michael David McCollum. Unit G-13 Shael Johnson. Unit G-13 David H. Webster, Unit G-21 Dennis Wilcox, Unit G-22 Laura E. Calk. Unit G-22 David N. Patten, Unit H-10 Jeanne Marie Ritter. Unit H-11 James C. Heck, Unit H-12 Sasha Semple, Unit H-21 RECEIVED DEC 0 3 2010 LAND USE APPLICATION CITY OF ASPEN PROJECT: Lot 2, Aspen Electric Subdivision and Midland Park Subdivision Lot Line Ad jg@INUNITY DEVELOPMENT Name: (1 ) Alain Degraeve, and (2) All owners of Midiand Park Subdivision common elements as tenants in common. as listed on Exhibit A attached hereto (collectively, "Midland Owners"). Location: (1) 210 Sesame Street, Aspen, Colorado 81611; Parcel Identification No. 273707420002; and (2) 112 Midland Park Place, Aspen, Colorado 81611: Parcel Identification No. 273707412800 Parcel ID # (REQUIRED) (Indicate street address, lot & block number, legal description where appropriate APPLICANT(S): (1) Alain Degraeve (as owner of210 Sesame Street Property), P.O. Box 7975, Aspen, Name: Colorado 81612, Tel. (970) 948-2620 Address: Phone #: (2)Midland Owners (addresses set forth on attached Exhibit A) Tel. (970) 920-1700 (telephone number for Midland Owners' representative Anne Marie MePhee). REPRESENTATIVE: ( 1) Curtis B. Sanders for Alain Degraeve: (2) Anne Marie MePhee for Midland Name: Owners Address: ( 1 ) 201 North Mill Street, Suite 201, Aspen. CO 81611 (Sanders); and (2) 533 East Phone #: Hopkins, Third Floor, Aspen, Colorado 81611 (McPhee) (1) 970-925-6300 (Sanders), (2) (970) 920-1700 (MePhee) TYPE OF APPLICATION: (please check all that apply): 6 GMQS Exemption ¤ Conceptual PUD Il Temporary Use ¤ GMQS Allotment ¤ Final PUD (& PUD Amendment) £ Text/Map Amendment C Special Review O Subdivision £ Conceptual SPA ¤ ESA - 8040 Greenline, Stream 6 Subdivision Exemption (includes ¤ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ¤ Commercial Design Review E Lot Split ¤ Small Lodge Conversion/ Expansion ¤ Residential Design Variance X Lot Line Adjustment 0 Other: ¤ Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Alain Degraeve is the owner of an approximately 18,320 square foot lot located at 210 Sesame Street, Aspen. Colorado 81611 and in the City of Aspen's R-15 Zone District. The Midland Owners are the owners. as tenants in common. ofall ofthe common elements ofthe Midland Park Subdivision, Aspen, Colorado 8161 1 which is located in a City of Aspen PUD Overlav Zone District and R/MF Zone District. Alain Degraeve's lands and the Midland Owners' lands are subiect to that certain Decree Quieting Title and Order Dismissine Claims With Preiudice recorded on Aueust 27,2010 as Reception No. 573105, Pitkin County, Colorado, which quieted title in Alain I.ITIGATION\2757414.2 Degraeve with respect to certain lands which both Alain Deuraeve and the Midland Owners claimed ownership PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) As a result of a survey error. a boundary dispute previously existed along the common boundarv between the 210 Sesame Street Propertv and a portion of the Midland Park Subdivision common elements. The Applicants negotiated a resolution ofthis dispute which contemplated a conveyance ofthe approximately 1.672 square feet of disputed lands from the Midland Owners to Alain Degraeve. On August 22,2010. Pitkin County District Court issued a Decree quieting title in the disputed lands in Alain Degraeve. The Applicants desire to provide for a lot line adjustment ofthe common boundarv between the 210 Sesame Street property and the Midland Park Subdivision which reflects the Applicants' agreement and the Court's Decree. Have you attached the following? FEES DUE: $735.00 X Pre-Application Conference Summary X Attachment #1, Signed Fee Agreement N/A Response to Attachment #3, Dimensional Requirements Form X Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards N/A 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 ofall 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. 2 LITIGAI'ION\2757414.2 EXHIBIT A TO LOT LINE ADJUSTMENT APPLICATION (list of Midland Owners) Sara B. Garton, Unit A-10, Midland Park Subdivision, Aspen, Colorado 81611 Peggy Johnston Living Trust, Unit A-11, Midland Park Subdivision, Aspen, Colorado 81611 Kerri L. Brooks, Unit A-12, Midland Park Subdivision, Aspen, Colorado 81611 Timothy Lacroix, Unit A-13, Midland Park Subdivision, Aspen, Colorado 81611 Nicholas G. Milton, Unit A-21, Midland Park Subdivision, Aspen, Colorado 81611 Carrie S. McKenzie-Milton, Unit A-21, Midland Park Subdivision, Aspen, Colorado 81611 Karen Birach, Unit A-22, Midland Park Subdivision, Aspen, Colorado 81611 Catherine Anne Hagen, Unit B-10, Midland Park Subdivision, Aspen, Colorado 81611 Cynthia Michele Houben, Unit B-11, Midland Park Subdivision, Aspen, Colorado 81611 Jill C. Winkler, Unit B-12, Midland Park Subdivision, Aspen, Colorado 81611 Jeffrey R. Boyd, Unit B-13, Midland Park Subdivision, Aspen, Colorado 81611 Susan M. Dodington, Unit B-21, Midland Park Subdivision, Aspen, Colorado 81611 Anton K. Sponar, Unit B-22, Midland Park Subdivision, Aspen, Colorado 81611 Judy Sponar, Unit B-22, Midland Park Subdivision, Aspen, Colorado 81611 Jeffrey B. Bestic, Unit C-1, Midland Park Subdivision, Aspen, Colorado 81611 David Fuentes, Unit C-2, Midland Park Subdivision, Aspen, Colorado 81611 Katherine D. Fuentes, Unit C-2, Midland Park Subdivision, Aspen, Colorado 81611 Paul Higgins. Unit C-3, Midland Park Subdivision, Aspen, Colorado 81611 Kathryn S. Koch, Unit C-4, Midland Park Subdivision, Aspen, Colorado 81611 John F. Koch, Unit C-4, Midland Park Subdivision, Aspen, Colorado 81611 James Michael McPhee. Unit D-1, Midland Park Subdivision, Aspen. Colorado 81611 Peter J. Fornell, Unit D-2, Midland Park Subdivision, Aspen, Colorado 81611 Scott R. MacCracken, Unit D-3, Midland Park Subdivision, Aspen. Colorado 81611 Marisa Post MacCracken, Unit D-3, Midland Park Subdivision, Aspen, Colorado 81611 Ronald M. Chauner, Unit D-4. Midland Park Subdivision, Aspen, Colorado 81611 Donald Nelson Smith, Unit E-1, Midland Park Subdivision, Aspen, Colorado 81611 3 I.ITIGATION\2757414.2 Judith A. Kolberg, Unit E-1, Midland Park Subdivision, Aspen, Colorado 81611 Pamela Cunningham, Unit E-2, Midland Park Subdivision, Aspen, Colorado 81611 Todd E. Welden, Unit E-3, Midland Park Subdivision, Aspen, Colorado 81611 Deborah C. Welden, Unit E-3, Midland Park Subdivision, Aspen, Colorado 81611 Thomas W. Griffiths, Unit E-4, Midland Park Subdivision, Aspen, Colorado 81611 John Bakken, Unit F-1, Midland Park Subdivision, Aspen, Colorado 81611 Liza N. Bakken, Unit F-1, Midland Park Subdivision, Aspen, Colorado 81611 Paul S. Perley, Unit F-2, Midland Park Subdivision, Aspen, Colorado 81611 Jenifer Blomquist, Unit F-2, Midland Park Subdivision, Aspen, Colorado 81611 Scott A. Nichols, Unit F-3, Midland Park Subdivision, Aspen, Colorado 81611 Brigitte T. Bit*rfelder, Unit F-3, Midland Park Subdivision, Aspen, Colorado 81611 Deborah Stein, Unit G-10, Midland Park Subdivision, Aspen, Colorado 81611 Greg Jefferson, Unit G-11, Midland Park Subdivision, Aspen, Colorado 81611 John Everette, Unit G-12, Midland Park Subdivision, Aspen, Colorado 81611 Amy Gleason, Unit G-12, Midland Park Subdivision, Aspen, Colorado 81611 Michael David McCollum, Unit G-13, Midland Park Subdivision, Aspen, Colorado 81611 Shael Johnson, Unit G-13, Midland Park Subdivision, Aspen, Colorado 81611 David H. Webster, Unit G-21, Midland Park Subdivision, Aspen, Colorado 81611 Dennis Wilcox, Unit G-22, Midland Park Subdivision, Aspen, Colorado 81611 Laura E. Calk, Unit G-22, Midland Park Subdivision, Aspen, Colorado 81611 David N. Patten, Unit H-10, Midland Park Subdivision, Aspen, Colorado 81611 Jeanne Marie Ritter, Unit 11-11, Midland Park Subdivision. Aspen, Colorado 81611 James C. Heck, Unit H-12, Midland Park Subdivision. Aspen, Colorado 81611 Sasha Semple, Unit H-21, Midland Park Subdivision, Aspen, Colorado 81611 4 1.ITIGATION\2757414.2 Certificate and Disclosure of Ownership (Degraeve Property) I, Curtis B. Sanders, a duly licensed attorney of the State of Colorado, and as attorney for Alain Degraeve, as Applicant, hereby certify that Alain Degraeve is the record owner o f the real property described as follows (the "Property"): Lot 2, ASPEN ELECTRIC SUBDIVISION, according to the Plat thereof recorded February 19, 1993 in Plat Book 30 at Page 85 as Reception No. 354093, as amended by the Lot Line Adjustment Plat of Lot 5, Sunny Park North Subdivision and Lot 2, Aspen Electric Subdivision recorded May 24,2005 in Plat Book 73 at Page 72, Pitkin County, Colorado (the "210 Sesame Street Property"), together with certain additional lands as described in that certain Decree Quieting Title and Order Dismissing Claims With Prejudice recorded on August 27, 2010 as Reception No. 573105, Pitkin County, Colorado (the "Additional Lands"). I hereby further certify that as of the date hereof, the 210 Sesame Street Property is subject to the following encumbrances of record: 1. 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 as reserved in the United States Patents recorded in Book 175 at Page 168 and Book 175 at Page 171. 2. Restriction contained in instrument recorded in Book 206 at Page 301, providing as follows: That no trailer camps or trailer parks shall be permitted or shall be constructed. 3. Easement Agreement recorded September 16, 1977 in Book 335 at Page 80. 4. Right of way for the Salvation Ditch as revealed by Plat of Sunny Park North Subdivision in Plat Book 3 at Page 52 as Reception No. 122358. 5. Resolution of the Board of County Commissioners of Pitkin County, Colorado, Granting the Aspen Electric Subdivision Exemption for a Lot Line Adjustment, Resolution No. 92-387 as set forth in instrument recorded November 13,1992 in Book 694 at Page 447 as Reception No. 350755. 6. Agreement by and between Barry C. Siegel, Sharon L. Siegel and Robert C. Smith and Glenda D Smith, for a Utility Easement for Lot 3 and Lot 5. Sunny Park North Subdivision as set forth in instrument recorded September 22,1987 in Book 546 at Page 515 as Reception No. 293066. 7. Access Easement granted unto Barry C. Siegel and Sharon L. Siegel as set forth in instrument recorded February 4,1993 in Book 702 at Page 756 as Reception No. 353649. 8. Subdivision Agreement for the Aspen Electric Employee Housing as set forth in instrument recorded February 19,1993 in Book 703 at Page 944 as Reception No. 354094. LITIGATION\2771499,1 9. Ordinance No. 62 (Series of 1992) An Ordinance of the Aspen City Council Granting Subdivision Rezoning for Moderate-Density Residential PUD (It-15) to Affordable Housing (AH), GMQS Exemption and Condominiumization, Lot 3, Sunny Park North Subdivision, Park Avenue, Aspen, Colorado as set forth in instrument recorded March 5, 1993 in Book 705 at Page 277 as Reception No. 354575. 10. Easements, rights of way and all other matters as shown and contained on the Sunny Park North Plat recorded in Plat Book 3 at Page 52 as Reception No. 122358; the Siegel- Mascotte Lot Line Adjustment Plat recorded February 19, 1993 in Plat Book 30 at Page 84 as Reception No. 354092; and the Aspen Electric Subdivision Plat recorded February 19, 1993 in Plat Book 30 at Page 85 as Reception No. 354093 and Amended Plat of Aspen Electric Subdivision recorded September 10,2003 in Plat Book 67 at Page 6 as Reception No. 488179, and Lot Line Adjustment Plat of Lot 5, Sunny Park North Subdivision and Lot 2, Aspen Electric Subdivision recorded June 24,2005 in Plat Book 73 at Page 72 as Reception No. 510454. 11. Easement Agreement recorded May 29, 2002 as Reception No. 468021. 12. Ordinance No. 46, (Series of 2003), An Ordinance of the City of Aspen City Council Amending the O fficial Zone District Map Reflecting the Zoning of the Newly Annexed Portion of Aspen Electric Subdivision, Lot 2,210 Sesame Street, City of Aspen, Pitkin County, Colorado, as set forth in instrument recorded November 6,2003 as Reception No. 490829. 13. Accessory Dwelling Unit Deed Restriction recorded August 26,2004 as Reception No. 501191. 14. An Ordinance of the Board of County Commissioners of Pitkin County, Colorado, Authorizing Vacation and Conveyance of Non-Exclusive Easement Across Mollie Gibson Park for Purpose of Access and Landscaping, Ordinance No. 003-2004, as set forth in instrument recorded February 13, 2004 as Reception No. 494499. and re-recorded August 4, 2005 as Reception No. 513225. 15. Resolution of the Aspen Planning and Zoning Commission Approving an 8040 Greenline Review and Special Review to Vary the Accessory Dwelling Unit (ADU) Design Standards for 210 Sesame Street, Lot 2, Aspen Electric Subdivision, City of Aspen, Resolution No. 04-11 as set forth in instrument recorded June 9, 2004 as Reception No. 498514. 16. An Ordinance o f the Board o f County Commissioners of Pitkin County. Authorizing the Partial Settlement of BOCC v. Degraeve and the Conveyance o f a Non- Exclusive Easement and Quit Claim Deed, Ordinance No. 001-2006 as set forth in instrument recorded January 20,2006 as Reception No. 519986. 17. Easement Agreement between Alain R. Degraeve and the County of Pitkin, Colorado, a Political Subdivision as set forth in instrument recorded February 17,2006 as Reception No. 520969. LITIGATION\2771499,1 18. Easement, Road Use and Maintenance Agreement by and between Alain R. Degraeve and Jennifer N. Figge and John K. Figge, Trustee of the Thomas K. Figge Qualified Personal Residence Trust as set forth in instrument recorded February 27,2006 as Reception No. 521247. 19. Release by the Public Trustee of the Deed of Trust from AIain Degraeve for the use of Gibraltar Private Bank & Trust Company to secure $3,000,000.00, dated March 6,2009 recorded March 11,2009 as Reception No. 557039. 20. Release by the Public Trustee of the Deed of Trust from Alain Degraeve for the use of Gibraltar Private Bank & Trust Company to secure $1,800,000.00, dated March 6,2009 recorded March 11, 2009 as Reception No. 557040. I hereby further certify that as of the date hereof, the Additional Lands are subject to the following encumbrances of record: 1. Reservations and exceptions as contained in United States Patent recorded June 28, 1892 in Book 39 at Page 78 as Reception No. 47892 and as contained in United States Patent recorded May 20, 1949 in Book 175 at Page 170 as Reception No. 96345 as follows: the premises hereby granted, with the exception of the surface, may be entered by the proprietor of any other vein or lode or ledge the top or apex of which lies outside of the boundary of said granted premises should the same in its dip be found to penetrate, intersect or extend into said premises, for the purpose of extracting and removing the ore from such other vein, lode or ledge; and right of way thereon for ditches or canals constructed by the authority of the United States. 2. All minerals and mineral rights as excepted in deed recorded April 14,1960 in Book 190 at Page 325 as Reception No.109504. 3. Easement granted to Holy Cross Electric Association, Inc. recorded August 16, 1972 in Book 265 at Page 978 as Reception No. 153335. 4. Articles of Incorporation ofThe Midland Park Condominium Association recorded August 10,1978 in Book 352 at Page 698 as Reception No. 206423 and in the Articles of Amendment to the Articles of Incorporation recorded May 13, 1987 in Book 535 at Page 885 as Reception No. 288761. 5. By-Laws of The Midland Park Condominium Association recorded January 12, 1979 in Book 361 at Page 752 as Reception No 211007 and recorded May 13, 1987 in Book 535 at Page 882 as Reception No. 288760; and as set forth in the Condominium Declaration for the Midland Park Subdivision recorded August 29,29, 1978 in Book 353 at Page 504 as Reception No. 206860. LITIGATION\2771499.1 I h \ 6. All matters shown on the Map of Midland Park Subdivision recorded August 28, 1978 in Plat Book 6 at Page 138 as Reception No. 206861. 7. Condominium Declaration for Midland Park Subdivision, recorded August 29, 1978 in Book 353 at Page 504 as Reception No. 206860. 8. Agreement recorded with Aspen/Pitkin County Housing Authority recorded August 16, 1995 in Book 791 at Page 3 as Reception No. 384457. 9. License Agreement recorded ApLit2< teception No. 392136. Dated: December 1,20 1 0 441- Curtis B. Sanders, Attorney Reg. No. 23551 LITIGATION\2771499.1 Certificate and Disclosure of Ownership (Midland Propertv) I, Anne Marie MePhee. a duly licensed attorney ofthe State of Colorado, and as attorney for the Midland Park Condominium Association. Inc. and the Midland Park Subdivision owners, collectively co-Applicant. hereby certify that the individuals described on Exhibit A attached hereto and made a part hereo f are the record owners of the real property described as follows (the "Property"): The Common Elements of the Midland Park Subdivision, according to the Map thereo f recorded August 29,1978 in Plat Book 6 at Page 138 as Reception No. 206861, and as further defined and described in the Condominium Declaration for midland Park Subdivision recorded August 29, 1978 in Book 353 at Page 504 as Reception No. 206860, less those certain lands as described in that certain Decree Quieling Title and Order Dismissing Claims With Prej udice recorded on August 27, 2010 as Reception No. 573105, Pitkin County, Colorado. I hereby further certify that as of the date hereof, the Property is subject to the encumbrances of record as described on Exhibit B attached hereto and made a part hereof. Dated: December Z . 2010 1 232 Anne Marie MePhee, Attorney Reg. No. 321-52-N LITIGATION\2734236.2 Exhibit A to Certificate of Disclosure and Ownership Sara B. Garton, Unit A- 10 Donald Nelson Smith, Unit E-1 Peggy Johnston Living Trust. Unit A-11 Judith A. Kolberg, Unit E-1 Kerri L. Brooks, Unit A- 12 Pamela Cunningham, Unit E-2 Timothy LaCroix, Unit A- 13 Todd E. Welden, Unit E-3 Nicholas G. Milton, Unit A-21 Deborah C. Welden, Unit E-3 Carrie S. McKenzie-Milton. Unit A-21 Thomas W. Griffiths, Unit E-4 Karen Birach, Unit A-22 John Bakken, Unit F-1 Catherine Anne Hagen, Unit B- 10 Liza N. Bakken, Unit F-1 Cynthia Michele Houben, Unit B-11 Paul S. Perley, Unit F-2 Jill C. Winkler, Unit B-12 Jenifer Blomquist, Unit F-2 Jeffrey R. Boyd, Unit B-13 Scott A. Nichols, Unit F-3 Susan M. Dodington, Unit B-21 Brigitte T. Birrfelder, Unit F-3 Anton K. Sponar5 Unit B-22 Deborah Stein, Unit G-10 Judy Sponar, Unit B-22 Greg Jefferson, Unit G-11 Jeffrey B. Bestic, Unit C-1 John Everette, Unit G-12 David Fuentes, Unit C-2 Amy Gleason, Unit G-12 Katherine D. Fuentes, Unit C-2 Michael David McCollum, Unit G-13 Paul Higgins, Unit C-3 Shael Johnson, Unit G-13 Kathryn S. Koch, Unit C-4 David H. Webster, Unit G-21 John F. Koch, Unit C-4 Dennis Wilcox, Unit G-22 James Michael McPhee, Unit D-] Laura E. Calk, Unit G-22 Peter J. Fomell, Unit D-2 David N. Patten, Unit H-10 Scott R. MacCracken, Unit D-3 Jeanne Marie Ritter, Unit H-11 Marisa Post MacCracken, Unit D-3 James C. Heck, Unit H-12 Ronald M. Chauner, Unit D-4 Sasha Semple, Unit H-21 Jackie L. Sheffer Chauner,, Unit D-4 LITIGATION\2734236.2 Exhibit B to Certificate and Disclosure of Ownership 1. Reservations and exceptions as contained in United States Patent recorded June 28,1892 in Book 39 at Page 78 as Reception No. 47892 and as contained in United States Patent recorded May 20, 1949 in Book 175 at Page 170 as Reception No. 96345 as follows: the premises hereby granted. with the exception of the surface, may be entered by the proprietor of any other vein or lode or ledge the top or apex of which lies outside of the boundary of said granted premises should the same in its dip be found to penetrate, intersect or extend into said premises, for the purpose o E extracting and removing the ore from such other vein, lode or ledge: and right of way thereon for ditches or canals constructed by the authority of the United States. 2. All minerals and mineral rights as excepted in deed recorded April 14,1960 in Book 190 at Page 325 as Reception No.109504. 3. Easement granted to Holy Cross Electric Association, Inc. recorded August 16, 1972 in Book 265 at Page 978 as Reception No. 153335. 4. Articles of Incorporation of The Midland Park Condominium Association recorded August 10, 1978 in Book 352 at Page 698 as Reception No. 206423 and in the Articles of Amendment to the Articles of Incorporation recorded May 13, 1987 in Book 535 at Page 885 as Reception No. 288761. 5. By-Laws of The Midland Park Condominium Association recorded January 12, 1979 in Book 361 at Page 752 as Reception No 211007 and recorded May 13, 1987 in Book 535 at Page 882 as Reception No. 288760; and as set forth in the Condominium Declaration for the Midland Park Subdivision recorded August 29, 29, 1978 in Book 353 at Page 504 as Reception No. 206860. 6. All matters shown on the Map of Midland Park Subdivision recorded August 28, 1978 in Plat Book 6 at Page 138 as Reception No. 206861. 7. Condominium Declaration for Midland Park Subdivision, recorded August 29, 1978 in Book 353 at Page 504 as Reception No. 206860. 8. Agreement recorded with Aspen/Pitkin County Housing Authority recorded August 16, 1995 in Book 791 at Page 3 as Reception No. 384457. 9. License Agreement recorded April 26,1996 as Reception No. 392136. LITIGATIONU734236.2 ArcIMS Viewer Page 1 of 2 C) 1 · -' - -WT vii - - ./- - .ffp' I h 1. - ca ~h# a **Flu 4 - -- ~ €12< f *. Fi 92* 19» 972»N '' i~ 43 1 0.'-eW 1 rti 2645 TS S Refi*t7-7- - -r . „:- f,, r 8- 1 '*~B~R i>\ = J./ ™1%,m,-2,/ ITown of Snowmass Villaae --/i · · -6.2733 Tlos RBEW 2915 T118 Re/W, . 1--hoQ=:=* / . r E'£14 0 10 1 1:& ~1 1 1, 2997 T12S RB5W. 09 ' 4 74(/ I i ywa,%73, 0- 4:..e' 19/9% tkiliti~ 'r,1 1 Ul .r 2% % f ..Bil e. -- 11 lits / . w. - 9% r -4-, 4.1.Nff., h . 5 1 11 * .2. 'F / 14.l #49 : ./ C .:· fjeR 1 F A %\ n M n <f 41 ..9 499 N .A .Y.. 4,1, 4 - -1- 0*4 - - AK m · ri. ,- 13 er t IN n> '.O ylls- , 2 92 ;.. USFS F ¥ t ---2-'4 9 0 1 -- --=* m ---- -*.4 11-1 - - 62.h - A-il~ C I lit-/9 3- =74 - 11117=1. 4J | I 1 1, «- / if -_ 05 --G, 1# X.9 - (%11 , 8 liz +* D » 19 -- . £ f 9.~ 2 Ar 2,1 < , -0, I 0/ v. -1.1 j - 1 9 -- .2 U/ . 0 \\%~ts 4 1 2 1 0 13. C . - -2\- , C Of. ; #- FJ·· ~~ pu~ . ?i : C 1/ *39944 tl :2=20' 0 ~ . t F ' 2. 1/74 . t. « . , 0 19\ 1 ' 1 .> 1 *r<k\ e = 1 /5 4 EN 0%1=-1, 2 i 3 1 1 WATERS A,&'532.1 ' - 10 -3 --9 ApPEN GROvE LN ~ ·4 1(Int-< # \~-~ | ~ 73 j l . ' 1- 1 *fu: ©FV/3 3 1 ,. r - "ip ler, 111,111 D 11 -97, 1.11 2 i L/ 0>~ 'r-1->P .- 4 Maa CreMed . ·1 u<:·.'. 9'r, :C 1932·3010 EL- - 1 k- I . i I - . V-/ I /+I H. . :/3~K . ..>0 f e kili- 123 - - .- ,2* 'n.1 ir v. - N OIni N·.. je u A - http://205.170.51.23 0/website/parcels/MapFrame.htm 11/2/2010 j VERS, ,~~222 . 0 . 0 . . . . LOT LINE ADJUSTMENT PLAT OF LOT 29 ASPEN ELECTRIC SUBD JI VI SI[ON AND MIDLAND PARK SUBDI VISION 4\31-31 LINE BEARING DISTANCE ' ,-,m PLAT NOTES: A tr &fv (THE PURPOSE OF THIS LOT LINE ADJUSTMENT PLAT OF LOT 2. ASPEN ELECTRIC SUBDIVISION AND MIDLAND PARK SUBDIVISIO~-~| DEPARTMENT OF COMMUNITY DEVELOPMENT APPROVAL: L 1 $ 35·53'00'E 9 46 L 2 3 51·07*00-W 37.I 4' 1 IS TO ADJUST THE COMMON LOT LINES BETWEEN LOT 2. ASPEN ELECTRIC SUBDIVISION AND THE MIDLAND PARK SUBDIVISION 1 L 3 S 04'54'00'E 19.20 -1 TO PROVIDE FOR THE ADDITION OF THE EXCHANGE PARCEL DESCRIBED HEREIN TO LOT 2. ASPEN ELECTRIC SUBDIVISION AND ~___~ THIS LOT LINE ADJUSTMENT PLAT OF LOT 2 ASPEN ELECTRIC SUBDIVISION AND MIDLAND PARK SUBDIVISION IS APPROVED BY L 4 N 85'44-33'E 38.19 ~THE SUBTRACT ION OF THE EXCHANGE PARCEL- DESCRIBED HEREIN FROM THE MIDLAND PARK SUBDIVISION THE CITY OF ASPEN DEPARTMENT OF COMMUNITY DEVELOPMENT THIS - DAY OF . 2010. L 5 S 14'22*56'E 10.09' THIS LOT LINE ADJUSTMENT SHALL NOT AFFECT THE PERMITTED FLOOR AREA. MAXIMUM ALLOWABLE DENSITY. OR EXISTING DEVELOPMENT RIGHTS OF EITHER LOT 2. ASPEN ELECTRIC SUBDIVISION OR THE MIDLAND PARK SU8DIVISION DIRECTOR LEGAL DESCRIPTION OF EXCHANGE PARCEL. CURVE DELTA ANGLE RADIUS ARC CHORD A TRACT OF LAND S ITUATED IN THE MIDLAND PARK SUBDIVISION AS DESCRIBED IN PLAT BOOK 6 AT PAGE I 38. SECTIONS CITY ENGINEER' S APPROVAL cl 24·23'06 50.00 21.28 S 70'24'21-W 21.12 41 7 AND 18. TOWNSHIP 10 SOUTH. RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN. DESCRIBED AS FOLLOWS: 4 THIS LOT LINE ADJUSTMENT PLAT OF LOT 2. ASPEN ELECTRIC SUBDIVISION AND MIDLAND PARK SUBDIVISION IS APPROVED BY BEGINNING AT THE MOST NORTHERLY CORNER OF SAID MIDLAND PARK PROPERTY BEING N. 31'11'38 W. 586.46 FEET OF CORNER THE CITY OF ASPEN ENGINEER THIS .- DAY OF -. 2010. 4? NO. 3 OF THE 99 LODE. U.S.M.S. 6899: THENCE S. 21'02 E. 62.90 FEET: 1--40' THENCE S. 45'24' 29-W. 28.86 FEET: CITY ENGINEER THENCE N. 17'00. W. 9.00 FEET: RED 25947 THENCE N. 22*00' W. 29.00 FEET: THENCE N. 26'00' W. 24.13 FEET: SURVEYOR'S CERTIFICATE: THENCE N. 45'21 ' E. 30.99 TO THE POINT OF BEGINNING. CONTAINING 1.672 SQUARE FEET MORE OR LESS. 0 40 80 PITKIN COUNTY. COLORADO. 1. JOHN M. HOWORTH HEREBY CERT I Fr' THAT A SURVEY WAS PERFORMED UNDER MY DIRECTION AND SUPERVISION f· eN OF THE HEREIN DESCRIBED PROPERT I,S. THIS SURVEY WAS PERFORMED IN ACCORDANCE WITH COLORADO REVISED STATUTES. 4 SURVEY PRECISION GREATER THAN 1 10.000. 3 • RED 25947 6 -' -• &0 00· : -4 JOHN H. HOWORTH. C.P.L.S. 25947 00. 4 . RED 25947 LOT 5 SUNNY PARK NORTH TITLE CERTIFICATE: PLAT BOOK 52 AT PAGE 46 THE UNDERSIGNED. A DULY AUTHORIZiD REPRESENTATIVE OF STEWART TITLE GUARANTY COMPANY. REGULARLY DOING BUSINESS $ IN pl TKIN COUNTY, COLORADO. DOES HERBY CERTIFY THAT THE PERSONS LISTED AS OWNERS ON THIS LOT LINE ADJUSTMENT PLAT DO HOLD FEE SIMPLE TITLE TOTHE WITHIN PROPERTY. ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS LOT LINE 46 ADJUSTMENT PLAT ARE TRUE. THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE. NOT AN OPINION OF - TITLE. NOR GUARANTEE OF TITLE. \ND IT IS UNDERSTOOD AND AGREED THAT STEWART TITLE GUARANTY COMPANY NEITHER V I C I N I T Y MA P . ASSUMES NOT WILL BE CHARGED WIT!: ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER WITH RESPECT TO ANY STATEMENT e 2 4 CONTA I NED HEREIN. 400' 2 · RED 25947 - f STEWART TITLE GUARANTY FUND 620 EAST HOPKINS AVENUE m ASPEN, COLORADO 81611 1 FOB -MOST EASTERLY CORNER LOT 3 LOT 1 • SUNNY PARK NORTH- PREVIOUSLY FOUND RE-BAR . ASPEN ELECTRIC suBDIVISION ;% 40 AUTHORIZED REPRESENTATI VE PLAT BOOK 30 AT PAGE 85 • 8 37.50 ~ 16129 Z CLERK AND RECORDER'S ACCEPTANCE THIS LOT LINE ADJUSTMENT PLAT W& ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF 61 k PITKIN. STATE OF COLORADO AT - O'CLOCK -. _. THIS - DAY OF 2010 AND RECORDED IN PLAT BOOK - AT RE-BAR PAGE NO. AS RECEPTION NO. LOT 2 ASPEN ELECTRIC SUBDIVISION DEPUTY CLERK AND RECORDER PLAT BOOK 73 AT PAGE 72 lot piee, p.4 4 I .: V RED 25947 * 0 0 1 44 7.34' · ·90 t RED 25947 1-¢' 30' •C. % %. : EXCHANGE PARCEL RED 25947 // S i 442--/ e . N 17'W 9.00' 'IP ¢ 1 Ay / LANDSCAPED AREA ta / 5 / : GAA-*- RED 901*; 56. - J. '0. LEGEND AND NOTESCP .re 11 O SURVEY MONUMENT AS DESCRIBED ¢, ... /1 % 9 / S 68'58'W A SURVEY CONTROL 1 131 9 +4 9.34' EXCHANGE PARCEL ~ EXCHANGE PARCEL ,~~ A TRACT OF LAND SITUATED MIDLAND PARK SUBDIVISION AS DESCRIBED IN PLAT BOOK \\\0/44 6.1&.fo.* 6 AT PAGE 138. SECTIONS 7 AND 13. TOWNSHIP 10 SOUTH. RANGE 84 WEST OF THE SIXTH PRINCIPAL MER IDIAN. DE4SCR I BED M FOLLOWS : K ON BOULDER ~ ~ *4 40~' BEGINNING AT THE MOST NORTHERLY CORNER OF SAID MIDLAND PARK PROPERTY BEING N 31'11'38-W 586.46 FEET OF CORNER NO. 3 OF THE 99 LODE. U.S.M.S. 6899 THENCE S. 21'02' E. 62.90 FEET: THENCE S. 45'24'29-W. 28.86 FEET: YELLOW ~ THENCE N. 17'00' W. 9.00 FEET ; 20215 THENCE N. 22'00' W. 29.00 FEET: THENCE N. 26'00' W. 24. I 3 FEET : THENCE N. 45'21 E. 30.99 TO THE POINT OF BEGINNING. CONTAINING 1.672 SQUARE FEET MORE OR LESS / MIDLAND PARK SUBDIVISION LANDSCAPED AREA A TRACT OF LAND SITUATED MIDLAND PARK SUBDIVISION AS DESCRIBED IN PLAT BOOK 104 <21 be- 6 AT PAGE 138. SECTIONS 7 AND 18. TOWNSHIP 10 SOUTH. RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN. DESCRIBED PS FOLLOWS: NZ. BEGINNING AT A POINT WHENCE THE MOST NORTHERLY CORNER OF SAID MIDLAND x IN CONC. 33' 40* PARK PROPERTY BEARS N. 21'02' W. 62.90 FEET: 245 THENCE S. 21'02' E. 56.35 FEET: YELLOW ·40· THENCE S. 68'58' W. 9.34 FEET: 20215 THENCE N. 56'43'50- W. 29.33 FEET: 1 \\ THENCE N. 21'02' W. 21.00 FEET: THENCE N. 45'24 29- E. 28.86 FEET TO THE POINT OF BEGINNING. CONTAINING 1,134 RED 25947 SQUARE FEET MORE OR LESS S 89'40'48*E 214.90 a 1 1 1. , 0 RED 25947 0 G 1% 3 09·40'00-E 128.43' O RED 25947 DISK 25947 2 MIDLAND AVENUE g e DEDICATED R.O.W. S S 89*40*00-E 144.80 H J ·4 PREPARED BY ASPEN SURVEY ENGINEERS,.INC 5 89'46 00 E 255.59 N 89~39'00 W 206.10' BASIS oF BEARINGS 210 SOUTH GALENA STREET 8LM BRASS CAP BLM BRASS CAP COP. 3. MS 0899 COR. 2, MS 3905AM HELD POSITION ASPEN. COLORADO 81611 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION PHONE/FAX (970) 925-3816 BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN SHEET 1 OF 2 DATE JOB YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. THE CERTIFICATION IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE 9/10 202 I 48E SURVEYOR. ~. ./4/ 0.-.,4. '44't \\. '11 .23-00 € 205.00 ·19 N 06•23 00-W 110.48 4. L3 5 06 0. . . . . . . . 0 LOT LINE ADJUSTMENT PLAT OF LOT 2, ASPEN ELECTRIC SUBDK VISION AND MIDLAND PARK SUBDIVISION CERTIFICATE OF OWNERSHIP AND DEDICATION: KNOW ALL MEN OY THESE PRESENTS THAT THE UNDERSIGNED. BEING THE OWNERI IN FEE S IMPLE OP CERTAIN LANDS IN DATE STATE OF ) STATE OF I THE Cl TY OF ASPEN.PITKIN COUNTY. COLORADO. DESCR liED Al FOLLOWS: JOHN EVERETTE. UNIT G-12 , SS 1 SS COUNTY OF } COUNTY OF _ - ) ALAIN DRORAEVE AS THE OWNER OF LOT 2. ASPEN ELECTRIC WIDIVISION. ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY :9. :993 IN PLAT ROOK 30 AT PASE 85 Al RECIPTION NO 354093. AS AMENDED BY THE LOT LINE ADJUSTMENT DATE· THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 BY KATHERINE D. FUENTES. UNIT C-2 THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 BY SCOTT A. NICHOLS. UNIT F-3 PLAT OF LOT 5, SUNNY PARK »ORTH SUIDIVISION AND LOT 2. ASPEN ELECTRIC *UIDIVISION RICORDED MAY 24. 2005 IN AMY GLEASON. UNIT G-12 HY COMMISSION EXPIRES PLAT BOOK 73 AT PAGE 72. TOGETHER WITH THE ADDITIONAL LANDS AO DEICRIDED IN THAT CERTAIN DECREE QUIETING WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES TITLE AND ORDER DISMISSING CLAIMS WITH PREJUDICE RECORDED ON AUGUST 27. 20 IO AS RECEPTION NO. 573 I 05. WITNESS MY HAND AND OFFICIAL SEAL. PITKIN COUNTY. COLORADO M FOLLOWS: A TRACT OF LAND SITUATED IN THE MIDLAND PARK BUIDIVISION AS DESCRIBED DATE: NOTARY PUBLIC ~!2RT~'~IN'1°~~ ~N~~EU~(YEg~~~~E~ ~DaM(o~INIHIP 10 BOUTH. RANGE 84 WEST OF THE SIXTH PRINCIPAL MICHAEL DAVID MCCOLLUM. UNIT G-13 STATE OF ) NOTARY PUBLIC ) 55 STATE OF ) COUNTY OF ) 1 SS BEGINNING AT THE MOST NORTHERLY CORNER OF SAID MIDLAND PARK PROPERTY BEING N. 31•11'38-W. 580.46 FEET OF DATE: filrFanoo i NO INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 BY P~UL HIGGINS. UNIT C-3 COUNTY OF ) CORNER NO. 3 OF THE 99 LODE. U.S.M.5. 0009: SHAEL JOHNSON. UNIT 0-13 THINCE B. 2102- E. 62.90 FEET; WITNESS MY HAND AND OFFICIAL SEAL. T~ 1. 45•24'29-W. 20.00 FEET: MY COMMISSION EXPIRES THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 BY BRIGITTE T. BIRRFELDER UNIT F-3 T N. 17•00 W. 9.00 FEET: DATE: MY COMMISSION EXPIRES THENCE N. 22'00' W. 29.00 FEET: DAVID H. WEBSTER, UNIT G-21 NOTARY PUBLIC WI TNESS PTY HAND AND OFF ICIAL SEAL, THINCE N. 26'00' W. 24.13 FEET: THENCE N. 45'2:' E. 30,90 TO THE POINT OF BEGINNING. CONTAINING I.672 SQUARE FEET MORE OR LESS. NOTARY PUBLIC STATE OF ' ) ) 95 PITKIN COUNTY. COLORADO. DATE - DENNIS WILCOX. UNIT O-22 COUNTY OF , STATE OF ) ALL OF THE -MIDLAND PARK SUBDIVI SION OWNERS' LISTED BELOW AS THE OWNERS OF THE OF THE FOLLOWING REAL THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 BY KATHRYN 5. KOCH. UNIT C-4 COUNTY OF ) PROPERTY AS TENANTS IN COMMON: THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 BY DEBORAH STEIN. UNIT 0-10 DATE: MY COMMISSION EXPIRES THE COMION ELEMENTS OF THE MIDLAND PARK SUBDIVISION. ACCORDI NG TO THE MAP THEREOF RECORDED AUGUST 29.1978 LAURA E. CALK. UNIT 0-22 IN PLAT DOOK 0 AT PAGE 130 AS RECEPTION NO. 200001. AND AS FURTHER DEF I NED AND DESCRIBED IN THE CONDOMI NI UM WITNESS MY HAND AND OFFICIAL SEAL. DECLARATION FOR MIDLAND PARK SUBDIVIBION RECORDED AUOUST 29. 1978 IN BOOK 353 AT PAGE 504 AS RECEPTION MY COMMISSION EXPIRES NOTARY PUBLIC WITNESS MY HAND AND OFFICIAL SEAL. NO. 200060, LESS THE LANDS AS DESCRIBED IN THAT CERTAIN DECREE OUIETING TITLE AND ORDER DISM,55 ING CLAIMS DATE: WITH PREJUDICE RECORDED ON AUGUST 27. 2010 4 RECEPTION NO. 573103. PITK IN COUNTY. COLORADO. SUCH LANDS DAVID N. PATTEN. UNIT H-10 STATE OF 1 NOTARY PUALIC LEGALLY DESCRIBED AB FOLLOWS: A TRACT oF LAND SITUATED IN THE MIDLAND PARK SUBDIVISION AS DESCRIBED IN PLAT BOOK 0 AT PAGE 13*. SECTIONS 7 AND 18. TOWNSHIP 10 SOUTH. RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN. ) SS STATE OF ) COUNTY OF } DESCRIBED AS FOLLOWS: DATE: , SS JEANNE MARIE RITTER. UNIT H-11 A TRACT OF LAND SITUATED IN THE MIDLAND PARK SUBDIVIBION AS DESCRIBED IN PLAT BOOK 0 AT PAGE 136. SECTIONS THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 BY JOHN F. KOCH. UNIT C-4. COUNTY OF ) 7 AND 18. TOWNSHIP 10 SOUTH. RANGE 84 WEST OF THE SIXTH PRINCTPAL MERIDIAN. DESCRTBED AS FOLLOWS: THE FOREGOING INSTRUMENT WAB ACKNOWLEDGED BEFORE ME 2010 BY GREG JEFFERSON. UNIT G-11 MY COMMISSION EXPIRES DATE: WITNESS MY HAND AND OFFICIAL SEAL. BEGINNING AT THE MOST NORTHERLY CORNER OF SAID MIDLAND PARK PROPERTY BEING N. 31•11'38-W. 586.40 FEET OF JAMES C. HECK. UNIT H-12 MY COMMISSION EXPIRES ¥Nm r 2?·8··Tr :L~~kE¥;S.M... 6.09: NOTARY PUBLIC WITNESS Fly HAND AND OFFICIAL SEAL. THFIcS 8. 45·24'29-¥. 28.00 FEET: DATE· STATE OF ) NOTARY PUBLIC THI N. 17·00' W. 9.00 FEET, SASHA SEMPLE. UNIT H-21 ) 55 THI.,- N. 22'00' ;2 ~~ 9 :!:I STATE OF , COUNB· OF ) STATE OF 1 THENCE N. 20'00 ) SS THENCE N, 45'21' E, 30.99 TO THE POINT OF BEGINNING. CONTAINING 1.672 SOUARE FEET MORE OR LESS. , S. THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED 8EFORE ME 2010 BY JAMES MICHAEL MCPHEE. UNIT D-1 COUNTY OF ) PITKIN COUNTY. COLORADO. COUNTY OF - ) MY COMMISSION EXPIRES THE FOREOOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 BY JOHN EVERETTE. UNIT 9-12. THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 BY SARA 8. GARTON. UNIT A-IO WITNESS MY HAND AND OFFICIAL SEAL, DEGRAEVE: WITNESS PTY HAND AND OFFICIAL SEAL, MY COMMISSION EXPIRES MY COMMISSION EXPIRES DATE· WITNESS MY HAND AND OFFICIAL SEAL. NOTARY PUBLIC ALA I N DEGRAEVE 1 NOTARY PUBL IC STATE OF NOTARY PUBLIC 1 SS STATE OF STATE OF COUNTY OF 1 STATE OF ) ) 1 33 1 55 ) SS THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 DY PETER J. FORNELL. UNIT 0-2 COUNTY OF ) COUNTY OF _--_-- 1 COUNTY OF I MY COMMISSION EXPIRES THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME . 2010 BY AMY GLEASON. UNIT O-12 THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 BY ALAIN DEGRAEVE THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 BY PEGGY JOHNSTON, WITNESS MY HAND AND OFFICIAL KAL. MY COMM I ES I ON EXPIRES TRUSTEE OF THE JOHNSTON LIVING TRUST. UNIT A-11. Mr COM:118*ION EXPIRES WITNESS ifY HAND AND OFFICIAL SEAL, WITNESS MY HAND AND OFFICIAL *GAL. MY COMMISSION EXPIRES NOTARY PUBLIC NOTARY #UBLIC WITNESS MY HAND AND OFFICIAL SEAL. STATE OF ) NOTARY PUBLIC ) 99 NOTARY PUBLIC COUNTY OF ) STATE OF ] ) SS MIDLAND PARK SUBDIVISION OWNERS: STATE oF 3 THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 8¥ SCOTT R. MACCRACKEN. UNIT D-3 COUNTY OF ) ) 85 DATE COUNTY OF ) MY COMMISSION EXPIRES THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 BY MICHAEL DAVID MCCOLLUM. UNIT G-13 SANA B. OARYON. UNIT A-lo THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 BY KERRI L. BROOKS. UNIT A-12. WITNESS MY HAND AND OFAICIAL SEAL. DATE: MY COMMISSION EXPIRES NOTARY PUBLIC MY COMMISSION EXPIRES WITNESS trY HAND AND OFFICIAL SEAL. WITNESS MY HAND AND OFFICIAL SEAL. STATE OF 1 NOTARY PUBLIC ~5?'Idl'~4~~S~~IN¥R~~Y~~' UNIT A-1 1 NOTARY PUBLIC 1 53 COUNTY OF 1 STATE OF ) DATE: STATE OF 1 THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 BY MARISA POST MACCRACKEN. UNIT D-3 ) SS KERMI L. BROOKS. UNIT A-12 1 SS ) COUNTY OF COUNTY OF 1 MY COMMISSION EXPIRES WITNESS MY HAND AND OFFICIAL SIAL. THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 BY SHAEL JOHNSON. UNIT 0-13 THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 BY TIMOTHY LA CROIX. UNIT A-13 DATE: TIMOTHY LACROIX. UNIT A-13 NOTARY PUMLIC MY COMMISSION EXPIRES MY COMMISSION EXPIRES WITNESS MY HAND AND OFFICIAL SEAL, WITNESS MY HAND AND OFFICIAL SEAL. STATE oF ) DATE: 1 55 NOTARY PUBLIC NICHOLAS G. MILTON. UNIT A-21 NOTARY PUBLIC COUNTY OF ) STATE OF ) STATE OF i THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 BY RONALD M CHAUNER. INDIVIDUALLY , 59 DATE: ) Ss AND UNDER POWER OF ATTORNEY FOR JACKIE L. SHEFFER CHAUNER. COUNTY OF ) CARRIE S. MCKENZIE-MILTON. UNIT A-ll COUNTY OF ) MY COMMISSION ExPIRES THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE HE 2010 BY DAVID H. WEBSTER. UNIT G-21 THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 BY NICHOLAS G. MILTON. UNIT A-21. DATE: WITNESS HY HAND AND OF*ICIAL SIAL. MY COMMI$SION EXPIRES KAREN BIRACH. UNIT A-22 MY COMMISSION EXPIRES WITNESS MY HAND AND OFFICIAL SEAL. NOTARY PUBLIC WITNESS MY HAND AND OFFICIAL SEAL. DATE: NOTARY PUBLIC STATE oF ) NOTARY PUBLIC CATH¢RINE ANNE HAGEN, UNIT 0-10 1 55 STATE OF , COUND OF ) STATE OF 1 1 SS ) ss THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 BY DONALD NELSON SMITH. UNIT E-1 COUNTY OF - 1 DATE: COUNTY OF ) CYNTHIA MICHEtlt HOUMEN. UNIT 0-11 MY COMMISSION EXPIRES THE FORE{DING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 BY DENNIS WILCOX. UNIT G-22 THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME . 2010 BY CARRIE S. MCKENZIE-MILTON. WITNESS MY HAND AND OFEICIAL SEAL. MY COMMISSION EXPIRES UNIT A-21 DATE: NOTARY PUBLIC WITNESS MY HAND AND OFF t CI AL SEAL . MY COMMISSION EXPIRES JILL C. WINKLER. UNit 8-12 WITNESS MY HAND AND OFFICIAL SEAL. ST..NE ··r ) NOTARY PUBLIC DATE: NOTARY PUBLIC , SS JEFFREY R. BOYD UNIT 8-13 COUR;T' OF ) MATE OF ) ) 39 STATE OF ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 BY JUDITH A KOLBERG. UNIT E-1 COUNTY OF _____ ) ) 95 THE FORE€•OING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 BY LAURA E. CALK. UNIT G-22 DATE· COUNTY OF ) MY COMMISSION EXPIRES SUSAN M. DODINGTON. UNIT 8-21 WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 BY KAREN BIRACH. UNIT A-22 NOTARY PUBLIC WITNESS NY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES DATE: STATE oF 1 ANTON K. SPOMAR. UNIT 9-22 WITNESS MY HAND AND OFFICIAL SEAL. ) SS NOTARY PUBLIC NOTARY PUBLIC COUNT'¢ OF 3 STATE OF ) DATE: STATE OF ) COUNTY OF _ 1 THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 BY PAMELA CUNNINGHAM. UNIT E-2 ) SS jUDY SPONAR. UNIT 1-22 ) 55 MY COMMISSION EXPIRES THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 BY DAVID N. PATTEN. UNIT H-IO COUNTY OF - 1 WITNESS MY HAND AND OFFICIAL SEAL, DATE: JEFFREY 0. little. UNIT ¢-1 THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 BY CATHERINE ANNE HAGEN. NOTARY PUBLIC MY COMMt SSION EXPIRES UNIT 8-10. WITNESS MY HAND AND OFFICIAL SEAL. STATE oF ) DATE: MY COMMISSION EXPIRES , SS NOTARY PUBLIC DAVID 1=VENTES. UNIT C-i , WITNESS MY HAND AND OFFICIAL SEAL. COUNTY· OF ) STATE OF ) 1 SS NOTARY PUBLIC THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 BY TODD E. WELDEN. UNIT E-3 COUNTY OF ) DATE: MY COMMISSION EXPIRES THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 BY JEANNE MARIE RITTER. UNIT H-11 KATHERINE D. FUENTES. UNIT C-2 STATE OF ) WITNESS MY HAND AND OFFICIAL SEAL. ) 53 MY COMMISSION EXPIRES DATE: COUNTY OF - i NOTARY PUBLIC WITNESS YTY HAND AND OFF ICIAL SEAL. PAUL HIGG#NS, UNIt C-3 THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME . 2010 BY CYNTHIA MICHELE HOUBEN. NOTARY PUBLIC UNIT 8-11. STATE OF } DATE: ) SS KATHRYN S. KOCH. UNIT C-4 MY COMMISSION EXPIRES COUNT'i OF ) STATE OF ) ) SS WITNE38 MY HAND AND OFFICIAL SEAL. THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 BY DEBORAH C WELDEN. UNIT E-3 COUNTY OF ) DATE· JOHN F. KOCH. UNIT C-4 NOTARY PUBLIC MY COMMISSION EXPIRES THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 8¥ JAMES C HECK. UNIT H-12 WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIREO STATE OF 1 NOTARY PUBLIC WITNESS MY HAND AND OFFICIAL SEAL. DATE: ) SS JAHGS MICHAEL MCIHEE. UNIT O- 1 COUNTY OF ) STATE OF ) NOTARY PUBLIC THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 BY JILL C. WINKLER. UNIT 8-12 , SS STATE OF ) DATE: COUNTY OF __ 1 1 93 PE¥*R J. FOR»ELL. UNIT D-2 MY COMMISSION EXPIRES COUNTY OF ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 BY THOMAS E. BRIFFITHS. UNIT E-4 WI TNESS MY HAND AND OFFICIAL SEAL. THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 BY SASHA SEMPLE. UNIT H-21 MY COMMISSION EXPIRES DATE: WITNESS HY HAND AND OFFICIAL SEAL. WITNESS MY HAND AND OFFICIAL SEAL. SCOTT R. MACCRACKEN. UNIT D-3 NOTARY PUBLIC MY COMMISSION EXPIRES NOTARY PUBLIC NOTARY PUAL IC STATE OF ) ) SS STATE OF } DATE: ~ MARISA POST MCCRACKEN. UNIT D-3 COUNTY OF- ) SS COUNTY OF _ 1 THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED @EFORE ME 2010 BY JEFFREY R. BOYD. UNIT 8-13 DATE' THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 BY JOHN BAKKEN. UNIT F-i MY COMMISSION EXPIRES ~~¥~AL~AMMONDERTP:':R OF ATTORNEY FOR WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES JACKIE L. SHEFFER CHAUNER WITNESS MY HAND AND OFFICIAL SEAL. NOTARY PUBLIC DATE: STATE OF ) NOTARY PUBLIC DONALD NELSON SHITH. UNIT E-1 1 55 STATE OF ) COUNTY OF -- 3 1 53 DATE: COUNTY OF I JUDITH A. KOLBERG. UNIT E-1 THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME . 20 IO BY SUS~N M. DODINGTON. UNIT 8-21 THE FOREGOING INSTRUMENT W~S ACKNOWLEDGED BEFORE ME 2010 BY LIZA N. BAKKEN. UNIT F-1 MY COMMISSION EXPIRES DATE WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES PAMELA CUNNINGHAM. UNIT ¢-2 WITNESS MY HAND AND OFFICIAL SEAL. NOTARY PUBLIC STATE OF 1 NOTARY PUBLIC DATE: 1 53 STATE OF ) TODD E. WELDEN. UNIT E-3 COUNTY OF ) 1 SS COUNTV OF ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME . 2010 8Y ANTON K SPONAR. UNIT 8-22, DATE: DEBORAH C. WELDEN. UNIT E-3 MY COMMISSION EXPIRES THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED 8EF0RE ME 2010 BY PAUL S. PERLEY. UNIT F-2 WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES DATE: NOTARY PUBLIC WITNESS MY HAND AND OFFICIAL SEAL. THOMAS W. GRIFFITH#. UNIT E-4 NOTARY PUBLIC STATE OF STATE OF ) 1 SS Iii JOHN BAKKEN. UNIT F-1 DATE: COUNTY OF ' COUNT' OF ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED) 8EFORE ME 2010 BY JUDY SPONAR UNIT 8-22 THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 BY JENNIFER BLOMOUIST. UNIT F-2. DATE MY COMMISSION EXPIRES LIZA N. DAKK@14. UNIT F-1 WITNESS MY HAND AND OFFICIAL SEAL WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES NOTARY PUBLIC ' DATE: NOTARY PUBLIC PAUL S. PGRLEY. UNIT F-2 STATE OF ) ) SS DATE: COUNTY OF ) JENIFER DLOHOUIST. UNIT *-2 THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 BY JEFFERY 8. BESTIC. UNIT C-1 MY COMMISSION EXPIRES DATE: WITNESS MY HAND AND OFFICIAL SEAL. SCOTT A. NICHOLS. UNIT f-3 PREPARED BY NOTARY PUBLIC DATE: BRIGITTE t. DIRRFELMR. uNIT F-3 STATE OF ) ) SS COUNTY OF ) DATE ASPEN SURVEY ENGINEERS. INC DEBORAH STEIN. UNIT G-10 THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 2010 BY DAVID FUENTES, UNIT C-2. MY COMMISSION EXPIRES 210 SOUTH GALENA STREET DATE: WITNESS MY HAND AND OFFICIAL SEAL. GREG JEFFERSON. UNIT G-ll NOTARY PUBLIC ASPEN. COLORADO 81611 DING TO COLORADO LAW YOU MU$T COMMENCE ANY LEGAL PHONE/FAX (970) 925-3816 UPON ANY DEFOCT ON THIS PLAT WITHIN THREE YEARS ST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION Y DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN SHEET 2 OF 2 DATE JOB E DATE OF THE CERTIFICATION SHOWN HEREON. THE IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE 9/10 202 I 4BG . . . . 0 . . . %& RECEPTION#: 573105, 08/27/2010 at 03:11:46 PM, 1 OF 5, R $31.00 Janice K. Vos CE 111, Pitkin County, CO The moving party is hereby ORDERED fk·. r..4'.fl. 412% Granted to provide a copy of this Order to any pro ,/404 se parties who have entered an appearance in this action within 10 days from the date of this order. Ndey/ James B. Boyd DISTRICT COURT, COUNTY OF PITKIN District Court Judge STATE OF COLORADO FIFIi.FID Document Date of Order attached Court Address: 506 E. Main Street, Suite E CO Pitkin County District Court 9th .ID Aspen, Colorado 81611 Filing Date: Aug 22 2010 1:Ill'M MDT Filing ID: 32798651 Review Clerk: Jonna Goldstone Plaintiff: ALAIN DEGRAEVE ACOURT USE ONLY A V. Defendants: CATHERINE ANNE HAGEN, SARA B. Case No.: 2009CV159 GARTON, PEGGY JOHNSTON LIVING TRUST, KERRI L. BROOKS, TIMOTHY LACROIX, NICHOLAS G. Div.: 3 MILTON,.CARRIE S. MCKENZIE.MILTON, ·KAREN BIRACH, CYNTHIA MICHELE HOUBEN, JENIFER BLOMQUIST, PAUL S. PERLEY, JEFFREY R. BOYD, SUSAN'M. DODINGTON, ANTON K SPONAR, JUDY SPONAR, JEFFREY B. BESTIC, DAVID FUENTES, KATHERINE D. FUENTES, PAUL HIGGINS, KATHRYN S. KOCH, JOHN F. KOCH, JAMES MICHAEL MCPHEE, PETER J. FORNELL, SCOTT It. MACCRACKEN, MARISA POST MACCRACKEN, RONALD M. CHAUNER, JACKIE L. SHEFFER CHAUNER, JUDITH A. KOLBERG, DONALD NELSON SMITH, PAMELA M. CUNNINGHAM, TODD E. WELDEN, DEBORAH C. WELDEN, THOMAS W. GRIFFITHS, JOHN BAKKEN, LIZA N. BAKKEN, JILL C. WINKLER, SCOTT A. NICHOLS, BRIDGETTE T. BIRRFELDER, DEBORAH STEIN, GREG JEFFERSON, AMY GLEASON, JOHN EVERETTE, SHAEL JOHNSON, MICHAEL DAVID MCCOLLUM, DAVID H. WEBSTER, LAURA E. CALK, DENNIS WILCOX, DAVID N. PATTEN, JEANNE MARIE RnTER, JAMES C. HECK, SASHA SEMPLE, THOMAS CARL OKEN, the Public Trustee of Pitkin County, and all unknown persons who may claim an interest in the subject matter of this litigation DECREE QUIETING TITLE AND ORDER DISMISSING CLAIMS W[TH PREJUDICE THIS MATTER having come before the Court on the Stipulated Motion of the Parties for a Decree Quieting Title and for Dismissal of Claims With Prejudice (the "Stipulated Motion"), and the Court being fully advised in the premises, the Court hereby, GRANTS THE STIPULATED MOTION AND HEREBY ENTERS THE FOLEDWINd 1 . DECREE AND ORDER: - 2, la £ u:*S - 4 ..R· ,· 1.44 - 44 C 1. 42-64_z· t eguwri, 924'le#*45·. I Certified to kt z Full, Inse and c6*t ·copY~ i 2 11 . of th: Cri,·'1.4:1 in mw m d-A.,4 . ·~ a. : -4 -- 01.k,Da/41: .. 3 RECEPTION#: 573105, 08/27/2010 at 03:11:46 PM, 2 OF 5, Janice K. Vos Cai Ll, Pitkin County, CO DECREE QUIET'ING TITLE: 1. The Court hereby quiets title in Plaintiff Alain Degraeve to those certain parcels of real estate identified in Exhibit A and referred by the parties in the Stipulated Motion as the Overlap Area and Retaining Wall Area. 2. The Court hereby quiets title in Intervenor Midland Park Condominium Association, Inc. and all Defendants save and except Thomas Carl Oken, the Public Trustee of Pitkin County, and all unknown persons who may claim any interest in the subject matter of this litigation, to that certain parcel of real estate identified in Exhibit B and referenced by the parties in the Stipulated Motion as the Landscaping Area. ORDER DISMISSING CLAIMS WITH PREJUDICE: 1. The within action is hereby dismissed with prejudice. 2. Each party shall bear his, her or its own attorney fees and costs. DONE AND SIGNED this day ofJune 2010 BY THE COURT: District Court Judge 2 S129-105 062310 DECREE RECEPTION#: 573105, 08/27/2010 at 03:11:46 PM, 3 OF 5, Janice K. Vos Cai -'-.1, Pitkin County, CO PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 SOUTH GALENA STREET, SUITBWLED Document ASPEN, COLORADO 81611 CO Pitkin County District Court 9th .ID Filing Date: Jun 24 2010 4:32PM MDT 970925 3816 Filing ID: 31826950 6/23/2010 Review Clerk: Jonna Goldstone MIDLAND PARK SUBDIVISION TO LOT 2 ASPEN ELECTiUC SUBDIVISION OVERLAP AREA AND RETAINING WALL AREA A TRACT OF LAND SITUATED MIDLAND PARK SUBDIVISION AS DESCRIBED IN PLAT BOOK 6 AT PAGE 138, SECTIONS 7 AND 18,1'OWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID MIDLAND PARK PROPERTY BEING N 31.°11'38"W 586.46 FEET OF CORNER NO. 3 OF THE 99 LODE, U.S,M,S. 6899 ; THENCE S. 21°02' E. 62.90 FEET; THENCE S. 45°24> 29"W, 28.86 FEET; THENCE N. 17°00' W. 9.00 FEET; THENCE N. 22°00' W. 29.00 FEET; , THENCE N. 26 °00' W. 24.13 FEET; THENCE N. 45°21' E. 30.99 TO THE POINT OF BEGINNING, CONTAINING 1,672 SQUARE FEET MORE OR LESS S 129-105 Overlap and Retaining Wall Arens 062310 RECEPTION#: 573105, 08/27/2010 at 03:11:46 PM, 4 OF 5, Janice K. Vos Ca--p- 11, Pitkin County, CO PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 SOUTH GALENA STREET, SUITE 22 ASPEN, COLORADO 81611 970925 3816 6/24/2010 MIDLAND PARK SUBDIVISION TO LOT 2 ASPEN ELECTRIC SUBD1VISION LANDSCAPING AREA A TRACT OF LAND SITUATED MIDLAND PARK SUBDIVISION AS DESCRIBED IN PLAT BOOK 6 AT PAGE 138, SECTIONS 7 AND 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SD<TH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE MOST NORTHERLY CORNER OF SAID MIDLAND PARK PROPERTY BEARS N. 21°02' W. 62.90 FEET; THENCE S. 21°02' E. 56.35 FEET; THENCE S. 68°58' W. 9.34 FEET; THENCE N. 56°43'50" W. 29.33 FEET; THENCE N. 21 °02' W. 21.00 FEET; THENCE N. 45 °24'29" E. 28.86 FEET TO THE POINT OF BEGINNING, CONTAINING 1,134 SQUARE FEET MORE ORLESS S129-105 Landscaping Parcel Legal 062410 r==7 27.- I ... ..1 1 1.1 ..319:,1 1, RECEPTION#: 573105, 08/27/2010 at 03:11:46 PM, 5 OF 5, Janice K. Vos Cau-'- 11, Pitkin County, CO This document collstinttes a niline of the court and should be treated as GUC11. Court: CO Pitkin County District Court 9th JD Judge: James B Boyd Current Date: Aug 22, 2010 Case Number: 2009CV159 /s/ Judge James B Boyd THE CITY oF ASPEN Land Use Application Determination of Completeness Date: December 8.2010 I)ear 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 0078.2010.ASLU -210 Sesame St. The planner assigned to this case is Jessica Garrow. J 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. 4 Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. rhank You C~iQPFrif~8~~-2> City of Asper*tommunity Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required SPA PED COWOP Yes No Subdivision (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No Commercial E.P.F. 2-737-0-7- 9--20 -002 O0lf-20{0·-*-St--(4 ..0/'ll'll/"4/'*&*C.*+el/&.4,4*"'"0/*implilljillil.--_. Elle Edit Record Navigate Fgrm Repor; Format Iab Beb i@@IX) e %1~~191® 3 dd'~i N 4 4 4 0 @1 lump l : *Ii 0161 19 Ati Clgar.~12 jet] 13@„8 .limj@30 Jigl Routing Status IFees ~ Fee SummarY ~~~| Actions ~Attachments 1Routing t!~story ~ Yaluation ~ Arch/4 ~Custom Fields |5ub termits 4 ) ' : h Perlitt type aslu Aspen Land Use ~Pertnt# 0078.2010.ASLU | 6.1 ~ Address 210 SESAME ST 445Uite 1-'ll : i 11/ City ASPEN 5tate Fri Zip 81611 - Permit Information Master permit Routing queue aslu07 Applied 1262010 Projed Status pending Approved . Description LOTLINE ADJUSTMENT Issued , .W Final '1r 4 -U $ Submitted CURTIS SANDERS 925 6300 clock Fwil Days E-W Expires 12/1 0011 • P. Submitted via 02*· r Owner E-41, Last name DEGRAEVE ·· First name ALAIN 186 VyRIGHTS RD ASPEN CO 81611 Phone () - Address Applicant 0 Owner is applicant? 0 Contractor is applicant? Last name MIDLAND PARK HOA ·· · First name fit Phone ()- Cust # 28262 -' Address 3.4 - ir·L 1,t Lender 9 Last name , ' · First name Phone () - Address ~ Displaw the permit lendets address ' AspenGold5 {server] angelas VeY#19 of 1 -,d C, £ :*-- ill 4 »vur- 3 -73 5-1 (fl 309-j elill' ~~*AY dy 2_€91 1- ~5ru,oN ws,nbl sdne,El gbi1 C :.rnic ng' '~ t»* 'P·