HomeMy WebLinkAboutcoa.lu.ex.Shaw & WPW Joint Venture.39A-88 1 ,
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: W-
'A 4
PARCEL I AND c4NSE, NO
DATE COMPLETE: T
STAF 0273 h-1. MEMBER: (....711-4-09 I-„ ,,tr Wi'T
PROJECT NAME:44UP 4-04) 41
Project Address: E--,r-e;79 tOk, • (.<4/207(-7
APPLICANT: / I fr, 1 #. 1 Li Li, , , _
Applicant Addr:Is: m
ieralwpirbylompipmmgmr, saw
REPRESENTATIVE CAULA W kw /
Representative ddress Phone: irkmAirtmw Liffiremmt:
C- (709
PAID: AMOUNT: CPAW), 00
1) TYPE OF APPLICATION:
1 STEP: 2 STEP:
2) IF I STEP APPLICATION GOES. TO:
P&Z \-----/CC ' ggOEMEPHEARING DATE: (1: 7;
VESTED RIGHTS: YES NO ( ,--------
3) PUBLIC HEARING IS BEFORE:
P&Z CC _112
DATE REFERRED: c7/,--///or? INITIALS: IV-
,
Planningpirector Approval Paid:
,
Insubstantial Amendment or Exemption: Date
Staff Approval: Paid:
Consent Agenda: Date:
REFERRALS:
/City Attorney Mtn. Bell School District
UvCity Engineer Parks Dept. Rocky Mtn Nat Gas
Housing Dir. Holy Crosd State Hwy Dept(GW)
Aspen Water Fire Marshall State Hwy Dept(GJ)
City Electric Fire Chief Bldg: Zon/Inspect
Envir. Hlth. Roaring Fork Roaring Fork
Aspen Consol. Transit Energy Center
S.D. Other
7T-77 -
FINAL ROUTING: DATE ROUTED: 4//p24/k INITIAL: 0(24
City Atty / City Engineer /7 41-1-ckr. Dept.
Other:
--,
FILE STATUS AND LOCATION: Zet--* 7 ,,, •
CASE DISPOSITION
TO: File
FROM: Cindy Houben
RE: Harmon/Tomlinson Lot Line Adjustment
DATE: October 25, 1988
On October 10 , 1988 , the City Council approved the
Harmon/ (Prentis) Tomlinson Lot Line Adjustment with the following
condition:
1. The applicants shall submit a Plat to the Engineering
Department which meets the requirements of the Code for
a subdivision exemption plat. "
MEMORANDUM
TO: Aspen City Council
THRU: Robert S. Anderson, Jr. , City Manager Z y.c„
FROM: Cindy Houben, Planning Office f-R
RE: Harmon/Prentis Lot Line Adjustment
DATE: October 10, 1988
APPLICANT: The Harmon Group and Mr. and Mrs. Prentis B.
Tomlinson.
REQUEST: Approval of a Lot Line Adjustment between lots 16 and
17 of the Shaw/WPW Joint Venture Subdivision.
HISTORY: The Harmon Group is the owner of lot 16. Earlier this
year they applied for condominiumization of their duplex. At
that time it was discovered that there was a perpetual easement
on the property between Lot 16 and the adjacent Lot 17 owned by
the Tomlinsons. It was determined that the perpetual easement
was in fact a subdivision of the land and a Boundary Line
Adjustment between the two lots should be submitted by the
applicants prior to final approval of the condominium request.
DESCRIPTION OF THE PROPOSAL: The applicants wish to adjust the
property line between the two parcels, thereby exchanging
approximately 625 square feet of lot area. (Map attached. )
REFERRAL COMMENTS:
1. ENGINEERING: In a memorandum from the Engineering
Department, Elyse Elliott states that they have no problem
with the requested Boundary Line Adjustment, however the
Plat submitted with the application must comply with the
subdivision exemption requirements for a plat.
STAFF COMMENTS:
Section 7-1003 of the Land Use Code addresses the Lot Line
Adjustment requirements. These are as follows:
a. CONDITION: It is demonstrated that the request is to
correct an engineering or survey error in a recorded plat or
is to permit an insubstantial boundary change etween
adjacent parcels. /
RESPONSE: The request is to create an insubstantial
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boundary line adjustment between two parcels. The land area
to be traded is approximately equal in size (difference of
about 3 sq. ft. ) .
b. CONDITION: Both landowners whose lot lines are being
adjusted provide written consent to the application.
RESPONSE: Both landowners have submitted written consent to
the application.
c. CONDITION: It shall be demonstrated that the request is to
address specific hardship.
RESPONSE: The application was submitted in order to
legalize a boundary change which was made by way of an
easement agreement in 1981 between two adjacent land
owners . The Engineering Department felt that the
clarification of this easement/boundary line adjustment is
necessary before the final condominium plat is developed.
The stated purpose of the easement was to give lot 17 a
greater front yard area and to give lot 16 a greater rear
yard area.
d. CONDITION: The corrected plat will meet the standards of
this division, and conform to the requirements of this
chapter, including the dimensional requirements of the Zone
District in which the lots are located, except in cases of
an existing nonconforming lot, in which the adjustment shall
not increase the nonconformity of the lot.
RESPONSE: The structure on lot 16 is nonconforming with
regard to setbacks. The proposed lot line adjustment will
not increase or decrease this nonconformity. The lot line
adjustment will merely change the points at which the
structure is closer or further from the property line. (see
attached map) .
e. CONDITION: It is demonstrated that the lot line adjustment
will not affect the development rights or permitted density
of the affected lots by providing the opportunity to create
a new lot for resale or development.
RESPONSE: The lot line adjustment will not affect the
development rights of the two parcels since the land
exchange is approximately equal.
In summary, the application is a request from two adjoining
property owners to address the private desires of the owners.
The request does not have any zoning implications with regard to
the zone district dimensional requirements. In addition the
Engineering Department does not have any objections to the
request if plat requirements are adequately addressed.
2
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RECOMMENDED MOTION: The Planning Office recommends approval of
the Lot Line Adjustment with the following motion.
"Move to grant Subdivision Exemption to The Harmon/Prentis Lot
Line Adjustment with the following condition:
1. The applicants shall submit a Plat to the Engineering
Department which meets the requirements of the Code for
a subdivision exemption plat. "
CITY MANAGERS RECOMMENDATION:
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MEMORANDUM
To: Cindy Houben, Planning Office
From: Elyse Elliott, Engineering Department
Date: September 13 , 1988
Re: Shaw/WPW Joint Venture Subdivision Exemption for Lot Line
Adjustment
The Engineering Department has no problems with the lot line
adjustment. The plat that was submitted needs to contain more
information to comply with our Subdivision Exemption requirements
such as a vicinity map, zone district and signature block showing
approval by thel City Engineer, Mayor, City Clerk attestation and
filing for the Pitkin County Clerk and Recorder.
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ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 925-2020
Date: August 31, 1988
Lenny Oates
Oates, Hughes & Knezevich P.0
533 g. Hopkins Ave.
Aspen, Colorado 81611
RE: Shaw/WPW Joint Venture Lot Line Adjustment
Dear Lenny,
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have
determined that your application IS complete.
We have scheduled your application for review by the City Council
on October 4, 1988. The Friday before the meeting date, we will
call to inform you that a copy of the memo pertaining to your
application is available at the Planning Office.
If your application requires public notice, you should have
already obtained a copy of the form entitled "Public Hearing
Notice Requirements. " If you have not already done so, please
come to the planning Office to pick up a copy.
If you have any other questions, please call Cindy Houben
the planner assigned to your case.
Sincerely,
Debbie Skehan
Administrative Assistant
frm.complete.shaw
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MEMORANDUM
TO: City Attorney
City Engineering
FROM: Cindy Houben, Planning Office
RE: Shaw/WPW Joint Venture Subdivision Exemption for Lot
Line Adjustment
DATE: August 31, 1988
Attached for your review and comments is an application for
approval of a Subdivision Exemption for Lot Line Adjustment. The
application was submitted by Lenny Oates for his clients The
Harmon Group, Inc. , and Mr. & Mrs. Prentis B. Tomlinson, Jr. The
applicants seek to adjust the lot line between Lots 16 and 17 of
the Shaw and WPW Joint Venture Subdivision. The property is
located at 214 and 230 Lake Avenue and is zoned R-6.
Please review this material and return your comments no later
than September 23, 1988 so that I have time to prepare a memo for
the City Council.
Thank you.
ref.shaw
r ,
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CASELOAD SUMMARY SHEET
1 City of Aspen
DATE RECEIVED: VA 4 PAR ELF/,I AND
DATE COMPLETE: 0273 b 2JY'4'CU I!!;.447,r
_
STAFF MEMDER: C/* _
PROJECT NAME:40,0 ICJ T td Wle /Lattia--).41. lac r a k • k !1!" ,
loh / ��
Project Address: EXey � f
APPLICANT: / ' I Gr, i I i E..,.�� �a .
Applicant Addr-.s: il _�tt�%RIMI /.WMf1641110
REPRESENTATIVE C:1l i4A P km 4
Representative •ddre-i Phone: 111I�IZ4 0 1/1K/NEe1 .IBI:
(9i7CO
PAID: tip NO AMOUNT: 7( . OD
�J ,
1) TYPE OF' APPLICATION:
V
2 STEP: � .
1 STEP: �~='
2) IF 1 STEP APPLICATION GOES TO: /�I `=�G`
P&Z v CC HEARING DATE: CAL -
VESTED RIGHTS: YES NO ( /
3) PUBLIC HEARING IS BEFORE:
P&Z CC A D
DATE REFERRED:. c7/�//c? INITIALS: /V--
Planning Director Approval: Paid:
Insubstantial Amendment or Exemption: Date:
Staff Approval: Paid:
Consent.,Agenda: Date:
REFE :
Ci y Attorney Mtn. Bell School District
ity Engineer Parks Dept. Rocky Mtn Nat Gas
Housing Dir. Holy Cross State Hwy Dept(GW)
Aspen Water Fire Marshall State Hwy Dept(GJ)
City Electric Fire Chief Bldg:Zon/Inspect
Envir. 'Hlth. Roaring Fork Roaring Fork
Aspen Consol. Transit Energy Center
S.D. Other
FINAL ROUTING: DATE ROUTED: INITIAL:
City Atty City Engineer Bldg. Dept.
Other:
FILE STATUS AND LOCATION:
i
• y ;
r AUG ! 2 \988
LAW OFFICES E1�`((
OATES, HUGHES & KNEZEVICH
PROFESSIONAL CORPORATION -.*`"
THIRD FLOOR.ASPEN PLAZA BUILDING
533 EAST HOPKINS AVENUE
LEONARD M.OATES ASPEN.COLORADO 81611 AREA CODE 303
ROBERT W.HUGHES TELEPHONE 920-1700
RICHARD A.KNEZEVICH p p TELECOPIER 920-1121
JOHN M.ELY August 11 , 1988
Ms . Cindy Houben
City of Aspen Planning Dept.
City Hall
150 S. Galena Street
Aspen, Colorado 81611
Re: Lot Line Adjustment Application Filed By
The Harmon Group, Inc. and Mr. & Mrs.
Prentis B. Tomlinson
Dear Cindy:
In response to your recent telephone call and letter, I
am submitting the following narrative with respect to the applica-
tion which we have filed 'for a lot line adjustment as between Lot
16 and 17, Shaw and WPW Joint Venture Subdivision:
The Harmon Group, Inc. , is the Owner of Lot 17
of the subdivision. Mr. and Mrs. Tomlinson are
the Owners of Lot 16 in the subdivision. In
May of 1981 , John B. Wogan, Jr. , and Jacqueline
T. Wogan, the then Owners of Lot 16, and
Germaine K. Dietsch and Alfred J. Dietsch, the
then Owners of Lot 17 of the subdivision,
entered into a written Easement Agreement, a
copy of which is recorded in Book 414 at Page
652 of the records of Pitkin County, Colorado.
A copy of the easement is attached hereto. As
stated specifically in the Easement Agreement,
the Wogans, at the time, were desirous of
having a broader frontage on Lake Avenue and
apparently the Dietschs were desirous of having
a broader area on the rear lot line which faced
Hallam Lake. At that time the parties simply
entered into an Easement Agreement rather than
having more properly gone through the formal
procedure for resubdivision or a lot line
adjustment in order to accomplish their de-
sires. The Harmon Group acquired its lot from
Stephenson Building and Design (Stephen
Chafan) , who had acquired the property from the
Wogens. Mr. Tomlinson acquired his property
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OATES, HUGHES & KNEZEVICH, P. C.
Ms. Cindy Houben
August 11, 1988
Page 2
from Philip Holstein, who in turn has acquired
the property from the Dietschs . The interven-
ing parties had merely purchased their respec-
tive lots subject to the easement without
inquiry or determination as to whether or not
the same was proper. We have been unable to
contact the original parties to the easement
agreement to determine why they did what they
did.
The applicants by this application merely wish to
legitimize the historical use of the subject properties since
1981 . A request will not result in any nonconformity or other
untoward planning result.
Cindy, if you should be in need of any additional
supplementary information or any concession to the foregoing
statement, please give me a call.
Very truly yours,
OATES, HUGHES & KNEZEVICH, P.C.
By: \` �'4�v�
Y�
Leonard M. Oates
LMO/cm
•
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 925-2020
Date: August 8 , 1988
Lenny Oates
Oates, Hughes & Knezevich, P.C.
533 E. Hopkins Ave.
Aspen, Colorado 81611
RE: Shaw/WPW Joint Venture Subdivision
Dear Lenny,
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have
determined that your application IS NOT complete. Therefore, it
is not possible at this time to assign the project to an agenda
date.
Following is a list of the items we require:
1. Please provide us with a subdivision exemption plat as
required in Attachment 3 of the Land Use Application Package
(attached) ;
2 . Please describe the applicant's request in text format in
compliance with item #5 of Attachment 2 of the Land Use
Application Package (as it applies to item 1. (e) of
Attachment 4 of the Land Use Application Package) .
When we receive the requested information, we will contact you
again to inform you of your assigned agenda date.
If you have any questions, please call the Planning Office.
Thank you.
(7,0i4)
Cindy Houben,
Planner
Attachments
•
ATimaimFNr 1 • '
USE APPLICATION FORM
AUG 21988
1) j Name Lot 16-17 Shaw and The WPW Joint Venturel�subdivision
Lot Line Adjustment _ x..;21
2) Project Location Lots 16 and 17 Shaw and WPW Joint Venture Subdivision
214 and 230 Lake Avenue, Aspen, Colorado 81611
(indicate street address, lot & block number, legal description where
appropriate)
3) Present Zoning R-6 4) Lot Size 11 , 200 + each lot
The Harmon Group, Inc. , and
5) Applicant's Name, Address & Phone # Mr. and Mrs . Prentis B. Tomlinson, Jr.
Harmon - c/o Hartz Mountain Industries, 667 Madison Avenue, 24th Fl. , New
York, NY 10021 (212) 308-3336 ; Tomlinson - 333 W. Friar Tuck, Houston, TX
77204 (713) 680-9475.
6) Representative's Name, Address & Phone #Leonard M. Oates, Oates , Hughes &
Knezevich, P.C. , 533 E. Hopkins Ave. , Aspen, CO 81611, (303) 920-1700
7) Type of Application (please check all that apply) :
Conditional Use C7onceptual SPA Conceal Historic Dev.
Special Review Final SPA Final Historic Dev.
8040 Greenline Cionceptual PUD. Minor Historic Dev.
Stream Margin . Final PUD Hi=sboric Demolition
Mountain View Plane Subdivision Historic c Designation .
Condo iniumi zatio n Text/Map Amendment CMS Allotment
—X- Lot-Split/Lot Line cis motion
Adjustment
8) Description of :Existing— Uses (rnmnber and type of existing structures;
a es;
approximate sq. ft.; number of bedrooms; any p acri nu approvals granted to the
PAY) .
Lot 16 - Single family dwelling
Lot 17 - Duplex
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9) Description of Development Application
Applicants desire to adjust lot line by cross conveyance of easement
areas described by Book 414 at Page 652 to conform to current .
occupancies under the easement, Conveyance does not create any non-
conformity for lots or structure involved.
10) Have you attached the following?
X Response to Attachment 2, Minimum Submi lion Contents
X Response to At tachmnt 3, Specific Submission Contents
X Response to Attachment 4, Review Standards for Your application
•
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July 7, 1988
City of Aspen
Pitkin County Planning Office .
130 South Galena Street
Aspen, Colorado 81611
Attn: Cindy Houben, Staff Planner
Re: Lots Line Adjustment for Lots 16 and 17,
Shaw and WPW Joint Venture Subdivision.
Conforming Lot Lines to Easement Recorded
in Book 414 at Page 52
Dear Ms. Houben:
Please be advised that the undersigned, as the owner of
Lot 16, Shaw and WPW Joint Venture Subdivision hereby consents to
an application being filed and prosecuted in order to accomplish
a lot line adjustment between Lot 16 and 17 , Shaw and WPW Joint
Venture Subdivision to permit cross conveyances of portions of
the respective Lots as shown and described in the easement
recorded in Book 414 at Page 652 of the records of Pitkin County,
Colorado. The result will be that the easement for the benefit
of Lot 16 will actually become a part of the Lot.
Sincerely yours,
/0.44:1111°F
.ren ' - B. Tomlinso
PBT/cm
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Iuyers1jtle
. .
Insurance erporation
NATIONAL HEADQUARTERS
RICHMOND.VIRGINIA
Policy Number
82-02- 169274
•
SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS CONTAINED IN SCHEDULE 8 AND THE PROVISIONS OF
THE CONDITIONS AND STIPULATIONS HEREOF, LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein •
called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount
of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to
pay hereunder, sustained or incurred by the insured by reason of: . .
1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
2. Any defect in or lien or encumbrance on such title; . . . ._ .
itle; .
3. Lack of a right of access to and from the land;
• .4. Unmarketability of such title;
5. The invalidity or unenforceability of the lien of the insured mortgage upon said estate or interest except to the extent
. that such invalidity or unenforceability,or claim thereof,arises out of the transaction evidenced by the insured mortgage • .
and is based upon (a) usury, or(b)any consumer credit protection or truth in lending law;
6. The priority of any lien or encumbrance over the lien of the insured mortgage; .
7. Any statutory lien for labor or material which now has gained or hereafter may gain.priority over the lien of the
insured mortgage, except any such lien arising from- an improvement on the land contracted for and
commenced subsequent to Date of Policy not financed in whole or in part by proceeds of the indebtedness '
secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance;
or
8. The invalidity or unenforceability of any assignment, shown in Schedule A, of the insured mortgage or the
failure of said assignment to vest title to the insured mortgage in the named insured assignee free and clear of
all liens.
IN WITNESS WHEREOF the Company has caused this Policy to be signed and sealed,to be valid when Schedule A is countersigned
by an authorized officer or agent of the Company, all in accordance with its By-Laws.
- lawyers-Title Insu{'gce C9Cporetion
. President .
Attest:
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Secretary- -
•
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Cover Sheet ALTA Loan Policy - 1970
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Juyers1it1e
Insurance @rporation
NATIONAL HEADQUARTERS
RICHMOND,VIRGINIA
SCHEDULE A-LOAN POLICY
CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER
PCT-1521A 05/03/88 @ 3:39 P.M. $ 300,000.00 82-02-169274
1. NAME OF INSURED:
PHILLIP M. HOLSTEIN, JR.
2. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN :
PRENTIS B. TOMLI SON, JR. , AS TRUSTEE OF THE SLATTERY TRUST, Q.A.D.
01/14/87.
3. THE ESTATE OR INizuttssT IN THE LAND DESCRIBED IN THIS SCHEDULE ANDS ICH IS ENCUMBERED
BY THE INSURED MORTGAGE IS:
IN FEE SIMPLE _ _
4. THE ?UM-AGE, HEREIN REFERRED TO AS THE INSURED MORTGAGE, AND THE ASSIGNMENTS
lammaam., IF ANY, ARE DESCRIBED AS FOLLOWS:
Deed of Trust from: PRENTIS B. TC LIINSON, IR., AS TRUSTEE OF THE SLAATIFRY TRUST,
Q.A.D. 01/14/87.
to the Public Trustee of Pitkiln County
for the use of : RiTT•T.TP M. MI STEIN, JR.
to secure : $300,000.00
dated : MAY 04, 1988 '
recorded : MAY 03, 1988 IN BOOK 562 AT PAGE 925.
reception no. : 299790 -'
5. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLC S:
PLEASE REFER TO EXHIBIT "A" ATTAR HERETO AND MADE APART HEREOF.
PIT KIN COUNTY TIME, INC.
f. • [_.� .. 601 E. .FOPK NS AVE.
tr. 41 41w:is1 AGENT ASPEN, COLORADO 81611
(303) 925-1766
THE POLI NUMIDFR SHOWN ON THIS SC9EDULE MUST AGREE WITH THE PREPRINT= NUMBER ON THE
COVEN HMT.
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Juyers]iile
Insurance Crporation
NATIONAL HEADQUARTERS
RICHMOND,VIRGINIA
SCHEDULE A - PCT--1521-87
PARCEL A:
Lot 16 Shaw and the WPW Joint Venture Subdivision Exemption Plat recorded in Plat Book 5
at Page 91, also being a part of Block 103 Hallam's Addition to the City of Aspen.
PARCEL B:
A parcel of land being part of the NE1/4 of the SE1/4 of Section 12, T .a:ship 10 South
Range 85 West of the 6th Principal Meridian. Said parcel is more fully described as _ _=_
foliage: Beginning at the most northerly corner of Lot 16 as shown on the Shaw and the
WPW Joint Venture Subdivision Exemption Plat" recorded in Plat Book 5 at Page 91; _ _:
thence N 44° 34' 17" E 11.96 feet; thence S 54 47'12: E 87.52 feet to a point on the
northerly.line of.,Lot 17.:as shown on said Subdivision:Exemption Plat, thence S 79°
06'33" W. 22.52 feet along the most easterly corner of said Lot 16; thence 74.12 feet
along curve to the right having a radius of 358.05 feet (the chord of which bears.N 51
W 73.99) to the point of the beginning.
COUNTY OF PIZZCQT, STATE OF COLORADO
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Juyers1it1e
Insurance @rporation
NATIONAL HEADQUARTERS
RICHMOND,VIRGINIA •
SCHEDULE B-PART I
CASE NUMBER DATE OF POLICY • POLICY NUMBER
PCT-1521A 05/03/88 ® 3:39 P.M. 82-02-169274
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortages in area, encroachments, and
any facts which a correct survey and inspection of the premises would disclose and
which are not shown in the public records.
. 4. Any lien, or right to a lien, for services, labor, or material heretofore or here-
after furnished, imposed by law and not sham by the public records. .
5. Taxes for the year 1988 not yet due or payable.
6. Right of the proprietor of a vein or lode to extract and remove his ore therefrom,
should the same be foie to penetrate or intersect the premises hereby granted, .as
reserved in United States Patent recorded January 8, 1888, in Book 55 at Page 2.
7. Easements, fences and improvements as shown on Map of Shady W.P.W. Joint Venture - .
Exertion Plat recorded June 3, 1977 in.Plat Book 5 at Page 91. .
8. Terms, conditions, and obligations as set forth in Easement Agreenant recorded
September 21, 1981 in Book 414 at Page 652.
9. Deed of Trust from : acorns B. TOMLI SON, JR., AS TRUSTEE OF THE SLATTERY TRUST, •
U.A.D. 01/14/87.
to the Public Trustee of Pitkin County
for the use of : UTE CITY MORTGAGE COMPANY
to secure : $1,260,000.00
dated : JANUARY 05, 1988
recorded : MAY 03, 1988 IN BOOK 562 AT PAGE 915.
reception no. : 299787
E}cEPTIONS NUMBERED NONE ARE HEREBY OMITTED.
SCHEDULE B-PART II
In addition to the matters set forth in Part I of this Schedule, the title to the estate
or interest in the land described or referred to in Schedule A is subject to the
following matters, if any shown, but the Company insures that such matters are subordi-
nate to the lien or charge of the insured mortgage upon said estate or interest: .
NONE
•
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Insurance Crporation
NATIONAL HEADQUARTERS
RICHMOND,VIRGINIA
ENDORSEMENT FORM 100.29
ATTACHED TO AND MADE A PART OF LAWYERS TITLE INSURANCE CORPORATION NO.82-02-169274
The Company insures the Insured against loss which the Insured shall sustain by reason
of damage to existing improvements, including lawns, shrubbery or trees, resulting from
the exercise of any right to use the surface of said land for the extraction or
development of the minerals excepted from the description of said land or shown as a
reservation in Schedule B.
•
•
•
•
This endorsement is made a part of the policy or commitment and is subject to all the -
terms and provisions thereof and of any prior endorsements thereto. Except to the extent •
expressly stated, it neither modifies any of the terms and provisions of the policy or
commitment and prior endorsements, if any, nor does extend the effective date of the
policy or commitment and prior endorsements or increase the face amount thereof.
III WITNESS FETEREOF, the Company has caused this Endorsement to be signed and sealed and
to be valid When countersigned by an authorized officer or agent of the Company, all in
accordance with its : Laws.
,
ISSUED AT P •••• E. HOPKINS AVE. , ASPEN, COLORADO 81611
Mr,Z
COUNTERSIGNED : . �_ L•/SA . •
AfJ1 1 •: - r DAT :05/03/88 g# 3:39 .M.
•
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Form 100 Litho in U.S.A.
• •
July 7, 1988
City of Aspen
Pitkin County Planning Office
130 South Galena Street
Aspen, Colorado 81611
Attn: Cindy Houben, Staff Planner
Re: Lots Line Adjustment for Lots 16 and 17,
Shaw and WPW Joint Venture Subdivision.
Conforming Lot Lines to Easement Recorded
in Book 414 at Page 52
Dear Ms. Houben:
Please be advised that the undersigned, as the owner of
Lot 17, Shaw and WPW Joint Venture Subdivision hereby consents to
an application being filed and prosecuted by Oates, Hughes &
Kneaevich, P.C. , in order to accomplish a lot line adjustment
between Lots 16 and 17 , Shaw and WPW Joint Venture Subdivision to
permit cross conveyances of portions of the respective Lots as
shown and described in the easement recorded in Book 414 at Page
652 of the records of Pitkin County, Colorado. The result will
be that the easement for the benefit of Lot 17 will actually
become a part of the Lot.
Sincerely yours,
THE HARMON GROUP, INC.
By
Curtis Schwartz
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NATIONAL HEADQUARTERS
RICHMOND,VIRGINIA
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SOH A-OWNER'S POLICY •,,i,i
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l ''' '""LV:IP NTYvrzocr DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER K:
i - =CT-1.363 03/10/88 4 11:50 A.M. $ 1,825,000.00 85-01-097091 IbA
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:.,:; :•.:. :.. NAME OF INSURED: -',;•'.
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THE HARMON GROUP INC. , A DELAWARE CORPORATION
41
..'.. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS:
Y11,-
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1,,,,,.•1 LN FEE SIMPLE
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3. TEE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: k1;70
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THE HARMON GROUP INC. . A DEMAWARE CORPORATION 00:
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-*' '7X LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:
. 4.
LOT 17. SHAW AND WFW JOINT VENTURE SUBDIVISION, ACCORDING TOP THE MAP THMEOF Kk
7,•,.;',
RECORDED IN PLAT 260K 5 AT PAGE 9, COUNTY OF PITKIN, STATE OF COLORADO.
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IC:oulltItOiiled/Autorized Agent ASPEN, COLORADO 81611
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THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE
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035-0-100-0041/2
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RICHMOND,VIRGINIA :*•
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SCHEDULE B-OWNERS
CASE NUMPER DATE OF POLICY POLICY NUMBER
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1 ; 4-'42,T-Itb3 03/10/68 A 11:50 A.M. .
65-01-097091
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,..„.1. 'PUS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: ,..m
Rig -s or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any
facts which a correct survey and inspection of the premises would disclose and which
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4. Any_lien. or right to a lien, for services. labor, or material heretofore or hereto- K
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after furnished. imosed by law and not shown by the public records.
[ H 5. Unpetented mining claims, reservations or exceptions in patents or in Acts authoriz- • ff
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Ina the issuance thereof; water rights. claims or title to water.
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1. i G. Taxes for the year 1988 riot yet due or payable.
1- .-
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0 i. Rlaht of the proprietor of a vein or lode to extract and rem'ave his ore therefrom.
the same be found to penetrate or intersect the premises hereby granted as
reserved in United States Patent recorded in Book 55 at Page 2.
Ls..' ..:!.
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H S. Easements. fences and improvements as shown on Map of Shaw-W.P.W. Joint Venture q,
! . Exemption Plat, recorded in Plat Book Sat Page 91.
1 -
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9. Terms, conditons, provisions as contained in Easement Agreement recorded in Book -
l'....
414 at Paoe 6352. .;,.
EXCEPTIONS NUMBERED NONE ARE HEREBY OMIT1kD. , .
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_ Reception NO Jr,
f'—?.: . Recorded at 1,20PM September 21, 1981 Loretta Banner Recor
EASEMENT AGREEMENT .Y,a414
fTS 1
This Easement Agreement is entered into effective i
May 18. 1981 by and between John B. Wogan, Jr. and Jacqueline T. . ,
J
Wogan, and Germaine K. Dietsch and Alfred J. Dietsch.
_. WITNESSETH• 1. John B. Wogan, Jr. and Jacqueline T. Wogan are the
1 ; owners cf Lot 16 according to the Shaw and WPW Joint Venture ,
l Subdivision Exemption Plat recorded in Book 5 at Page 91 of :
the records of Pitkin County. i
i
�_ 2. John B. Wogan, Jr., Jacqueline T. Wogan and Carol
,:,e_:- Ann Jacobson Realty, Inc., as the WJ Joint Venture, were the i■
t":fy` owners of Lot 17, according to .-.e Shaw and WPW Joint-Venture
ISubdivision Exemption Plat, which lot they conveyed to
t{ GermaineK. Dietsch and Alfred J. Dietsch.
1 ( 3. •The parties desire to provide for a broader front ,
, ' 1,t line and area at the front of Lot 17 and a greater area at
the rear of Lot lb.
: # 4. The WJ Joint Venture, composed of John B. Mogan, -
:�,L4,
Jr., Jacqueline T. Wogan and Carol Ann Jacobson Realty, Inc.
-- • has initiated a lot line change with the city, but for personal - -
reasons that was tabled. It is the intention' of the parties to
{ pursue that lot line change at some appropriate time. Notwith-•
". �'" ' standing that intention, this easement shall be binding between
the parties, their heirs and assigns and shall run with the land .
-`fre.'"' known as Lots 16 and 17 as described above.
NOW THEREFORE, be it agreed as follows:
-• - 1. .For value received, John B. Wogan, Jr. and
?a--`=L Jacqueline T. Wogan hereby give a perpetual easement that shall
• -- run with the land to Germaine K. Dietsch and Alfred J. Dietsch,
''
$H,,: 4:...:' and their heirs, successors and assigns as owners of Lot 17,
- the easement being appurtenant to Lot 17 and being described .
as follows:
"::::• V '
s a ?`"7 ' -.;',:z:- ,-'-; := 1
o-... _._-_.__ .. .. :-- .,." E-. -�..' `'ct. , :_ ,;, _ '_,.:i i-, a.. '4 ,
kFP.1 • ..
i ,r,. 414 653
!-�_=� A parcel of laud situated in Section 12, J� r..,
township 13 south, range' 95 west of the '
"'' [ 6th principal meridian, Pitkin County, ,
r.,7, . Colorado, and also being part of Lot 16,
4r r;" Shaw and the W.P.W. Joint Venture Sub-
'
'N1.1.1' .division and being more fully described
as follows: beginning at the southerly
I` corner of said Lot 16 thence 17.00 feet
"7 along the arc of curve to the right
} ; having a radius of 483.05 feet the chord
"j of which bears N55°51'20"W;
thence N45°47'13"E 75.11 feet; thence 532°
"' 42'37"W 73.59 feet to the j
fir, point of
si.ai beginning containing 626 square feet
more or less.
3. For. value received, Germaine K. Dietsch and
ri,.,
: Alfred J. Dietsch, as current owners of Lot' 17-for themselves,
,. g their heirs, successors and assigns hereby convey to the Wogans p
' f as owners of Lot 16 and their heirs, successors and acsi ns. a
eay g
perpetual easement appurtenant to Lot 17 and oeing described
as follows: j
i A parcel of land situated in Section 12,
d j township 10 south, range 85 west of the
r.
:� 6th principal meridian, Pitkin County;
■
., j, Colorado, and also being part of Lot 17,
I vy' Shaw and the W.P.W. Joint Venture Sub-
pt.y-. c3'..'ision. and being more fully described
&.^ as- follows: beginning at the north
westerly corner•of said Lot 17, thence . .
'~ N79°06'33"E 22.52 feet; thence S32°42'
F.:;^
37"W25.00 feet; thenc_ 553°5T 28"W - '-
'a 45.00 "feet; thence N32°42'37"E 51.41 "
'k - " feet to the point of beginning containing
623 square feet more or less.
. , 4. For purposes of any construction upon Lots 16
and 17, he parties agree to measure any applicable set-back
,4" requirements from the easement line and not the lot line.
Dated: August 20, l••1
\, r _
0 B. WOGAN JR. /
. .
■' • JACQUELINE T. WOGAN
•
GERMAINEK. DIETSCH
ALFRED. J. DIETSCH
STATE OF COLORADO ) l
ss. •l
-.q COUNTY OF DENVER )
2
,
The foregoing instrument was acknowledged before me this 26th day of August,
19 81, by Germaine K. Dietsch and AlfredJ. Dietsch.
rl WITNESS my hand cad official seal_ /. My commission expires August 10, 1985. .�/�,-r., -t ---v--
•
BONNIE SUPAN
FV/ NOTARY PUBLIC
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EASEMENT AGREEMENT, Lot 16 and 17
STATE OF COLORADO )
) as.
COUNTY OF 1%ENVER ) '
he foregoing instrument was acknowledged before me
this j& day of ..1,24:17;,,,,tr., , 1981, by John B. Wogan, Jr.
1, t
-;1-E:.:':----!'2:-.
........ . 7, ,
WliNBSS my hand and seal
My commission expires ,corAmiss::n
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Notary Public
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STATE OF COLORADO )
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1 COUNTY OF 4tli-f-`-' )
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The foregoing instrument was acknowledged before me
this /6 day of ,,,',a4-,ix..,44..., , 1981, by Jacqueline T. Wogan
II
• 7, , WITNESS:my hand and seal
.... .
.._. .
My commission expires:74 Commission Expires Fp-1117,1;7f
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