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Home My WebLink Aboutcoa.lu.ec.250 Willoughby Way/850 Roaring Ford Aoad0019.2013.ASLU 250 Willcaby Way - 850 Roaring Fork Rd 273512126001 273512103003 LOT LINE ADJUSTMENT THE CITY OF ASPEN 130 SOUTH GALENA STREET ASPEN, COLORADO 81611-1975 0 Printed 0. Re ydW Paper CD �vm �•F fc� ��Us�n�,{— �5o w��b�j�j v�l External Media Located Here A7-015310 RMMI 9 is C THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0019.2013.ASLU PARCEL ID NUMBERS 273512126001/273512103003 PROJECTS ADDRESS 250 WILLOUGHBY WAY/ 850 ROARING FORK ROASD PLANNER SARA ADAMS CASE DESCRIPTION LOT LINE ADJUSTMENT REPRESENTATIVE MICHAEL HOFFMAN DATE OF FINAL ACTION 10/15/2013 CLOSED BY ANGELA SCOREY ON: 11/06/13 Sara Adams From: Kathy Strickland Sent: Monday, September 16, 2013 8:13 AM To: Sara Adams Subject: plat 09,16 13 250aspen/850 roaring fork road lot line adjustment bk 104 page 49 603603 Addendum 603604 Hi Sara, I think this was your plat. Thanks. • • MEMORANDUM TO: Mayor Ireland and Aspen City Council THRU: Chris Bendon, Community Development Director a 'Vo FROM: Sara Adams, Senior Planner RE: 850 Roaring Fork Road and 250 Willoughby Way: Lot Line Adjustment and Petition for Disconnection from the City, Second Reading, Ordinances No. 16 and No. 17, Series of 2013. 1V1L' E 1 IN li LA 1 r:: May I J, Ll1 I S Applicant /owner: Joan Merriam Crete and 250 Aspen, LLC REPRESENTATIVE: Michael Hoffinan, Garfield and Hecht, P.C. LOCATION: 850 Roaring Fork Road (owner is Joan Merriam Crete), and 250 Willoughby Way (owner is 250 Aspen, LLC). CURRENT ZONING & USE: 850 Roaring Fork Road is located within Aspen city limits and is zoned R-15, Moderate Density Residential. 250 Willoughby Way is located in Pitkin County and is zoned R-30, Residential. PROPOSED LAND USE: The applicants propose to resolve a land dispute through a lot line adjustment and petition for disconnection of a portion of the lot from the city. SUMMARY: This application addresses two parcels — one within City limits and one within Pitkin County. The two properties share a portion of land located within the Roaring Fork River and Aspen city limits. The applicants propose to divide the area where the parcels overlap through a lot line adjustment. 250 Willoughby Way, which is located outside the city limits, requests to disconnect the small tract of land that results from the lot line adjustment such that the entire property be within Pitkin County. STAFF RECOMMENDATION: Staff recommends that the Aspen City Council grant approval with conditions. Figure 1: Map illustrating both parcels. The circle delineates the overlap area. Purple hatching shows the Aspen city lints. Page] of 4 Second Reading Staff Memo 850 Roaring Fork Drive/250 Willoughby Way 05/13/13 LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approvals from City Council to resolve the land dispute: • Lot Line Adjustment (Section 26.480.040) to divide the overlap area between the two properties. City Council is the final review authority. • Petition for Disconnection from the City to remove the small tract of land allotted to 250 Willoughby Way so that the entire property is within Pitkin County. City Council is the final review authority. BACKGROUND AND PROJECT SUMMARY: The legal description of 250 Willoughby Way was approved by the Pitkin County Board of Commissioners and Pitkin County Zoning Commission on August 18, 1960 as part of the Green Acres Subdivision, Block 1. 850 Roaring Fork Drive is part of the Merriam Subdivision that was annexed into the City as part of the "North Annexation" in 1967 via Ordinance 30. At some point both properties were surveyed to own the same tract of land. A 7,314 square feet tract of land located in the Roaring Fork River overlaps on both 250 Willoughby Way (Lot 3, Block 1 of the Green Acres Subdivision) and 850 Roaring Fork Drive (Lot 1, Merriam Subdivision). The legal descriptions of both the North Annexation Map and the Merriam Subdivision Plat refer to the centerline of the Roaring Fork River. The applicant hypothesizes that the overlap area occurred possibly because the legal description of the Merriam Subdivision is tied to the centerline of the Roaring Fork River at low water, which is not referenced in the legal description of the Green Acres Subdivision. Nevertheless, the owners of both properties have agreed to resolve the discrepancy by dividing the land between the two properties. Because each property has been including the overlap area in lot size calculations, the lot line adjustment reduces the size of each lot. A table and map are provided below. Table 1: Existiniz and Proposed Lot Sizes: Current lot size (sE) Area to be removed from each lot sf. Adjusted lot size (sf.) 850 Roaring Fork Rd. 92,542 2,686 89,856 250 Willoughby Way 66,087 4,628 61,459 Total 158,629 7,314 151,315* * Each property is reduced in size because both properties have been including the overlap area in the current lot size calculation. Second Reading Staff Memo 850 Roaring Fork Drive/250 Willoughby Way 05/13/13 Page 2 of 4 250Willoughby \ \\ Way 1. 850 Roaring Fork Rd. I Figure 2 (left): Detail of the overlap area, shown in black outline Aspen cite limits are shaded in purple. The Roaring Fork River is blue and the parcel boundaries are blue. Figure 3 (right): Detail of how overlap area is proposed to be divided between the two properties. The green outline area is proposed to be allotted to 850 Roaring Fork Rd. and the orange outline area is proposed to be allotted to 250 Willoughby Way. A lot line adjustment is required to amend the property boundaries to resolve the conflict. The area in question is located entirely beneath the high water line of the Roaring Fork River, which means that it is not included in floor area or density calculations according to City and County regulations. Furthermore, the survey shows that the land in question is part of a conservation easement granted to the Aspen Center for Environmental Studies (recordation #327937). After the adjustment, the "city portion" of 250 Willoughby Way is requested to be disconnected from the City so that the entire property is located within the County. If the City approves the request, the County plans to process an application to rezone the disconnected tract consistent with the R-30 zoning on the remainder of the 250 Willoughby Way lot. Referral comments from the County are attached as Exhibit C. STAFF COMMENTS' Staff finds that the review criteria for a lot line adjustment listed in Exhibit A are met. The boundary change is a general clean-up for both properties and does not impact the development rights. Both properties are reduced in size with the proposed lot line adjustment; however they still conform to the existing zone districts regarding size. Since First Reading was approved, Staff removed the vested rights language from the proposed Lot Line Adjustment Ordinance. The applicant is required to record a plat within 180 days of the approval or the ordinance is voided. Therefore, 3 years vested rights was redundant. Second Reading Staff Memo 850 Roaring Fork Drive/250 Willoughby Way 05/13/13 Page 3 of 4 State law authorizes City Council to adopt an ordinance to disconnect lands that are within and adjacent to the boundary of the City of Aspen upon the filing of an application by the property owners and a finding of the City Council that the best interests of the City would not be prejudiced by the approval of the disconnection. FINANCIALBUDGET IMPACTS: There are no improvements within the area to be disconnected. According to the Finance Department the financial impact of the disconnection is near $0. RECOMMENDATION: Lot Line Adjustment: In reviewing the proposal, Staff believes that the project is consistent with the applicable review standards in the City Land Use Code. Staff recommends approval of the lot line adjustment. Disconnection from the City: Staff is supportive of the request for disconnection as it corrects a surveying error and does not have financial impacts to the City. It also allows the entire 250 Willoughby Way parcel to be within one jurisdiction. Council is asked to make a finding that the best interests of the City would not be prejudiced by the approval of the disconnection. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE): "I move to approve Ordinance No. 16, Series of 2013, approving with conditions a Lot Line Adjustment on first reading." "I move to approve Ordinance No.17, Series of 2013, approving the disconnection of a small tract of land located at 250 Willoughby Way on first reading. CITY MANAGER COMMENTS: ATTACHMENTS: EXHIBIT A —Lot line Adjustment Criteria. EXHIBIT B — Memo from City Attorney, James R. True. EXHIBIT C — Referral from Pitkin County Community Development. EXHIBIT D — Application. Second Reading Staff Memo 850 Roaring Fork Drive/250 Willoughby Way 05/13/13 Page 4 of 4 ORDINANCE NO. 16 (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A LOT LINE ADJUSTMENT FOR THE PROPERTIES LOCATED AT 250 WILLOUGHBY WAY, LOT 3, BLOCK 1 OF THE GREEN ACRES SUBDIVISION, UNINCORPORATED PITKIN COUNTY AND 850 ROARING FORK ROAD, LOT 1 OF THE MERRIAM SUBDIVISION, ASPEN, COLORADO PARCEL ID: 2735-121-26-001 (850 Roaring Fork Rd) 2735-121-03-003 (250 Willoughby Way) WHEREAS, the applicant, 250 Aspen LLC and Joan Merriam Crete, represented by Michael Hoffman, Garfield and Hecht, P.C., 601 E. Hyman Ave., Aspen, CO 81611, submitted a request for a Lot Line Adjustment for the properties located at 250 Willoughby Way, Lot 3, Block 1 of the Green Acres Subdivision, unincorporated Pitkin County, Colorado and 850 Roaring Fork Road, Lot 1 of the Merriam Subdivision, Aspen, Colorado; and and WHEREAS, 250 Willoughby Way is partially located outside of the Aspen city limits; WHEREAS, 850 Roaring Fork Road is located entirely within the Aspen city limits: and WHEREAS, pursuant to Section 26.480, the City Council may approve a Lot Line Adjustment, during a duly noticed public hearing after considering comments from the general public and a recommendation from the Community Development Director; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of a Lot Line Adjustment and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a Lot Line Adjustment as shown in Exhibit A and described below in Table 1 subject to the following conditions. 250 Willoughby Way/ 850 Roaring Fork Rd. Lot Line Adjustment Ordinance # 16, Series of 2013 Page 1 of 3 Table l: Current lot size (sf.) Area to be removed from each lot sE Adjusted lot size (sf.) 850 Roaring Fork Rd. 92,542 2,686 89,856 250 Willoughby Way 66,087 4,628 61,459 Total 158,629 7,314 151,315* *Each property is reduced in size because both properties have been including the overlap area in the current lot size calculation Section 2. Lot Line Adiustment Plat The corrected plat will meet the standards of the Aspen Municipal Code and conform to the requirements of the Aspen Municipal Code, 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. The plat shall be submitted and recorded in the office of the County Clerk and Recorder. Failure to record the plat within a period of one hundred eighty (180) days following approval shall render the plat invalid and reconsideration of the plat by the Community Development Director will be required before its acceptance and recording. Approval of the plat by Pitkin County is required. Section 3. That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4. That this ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. A public hearing on the ordinance shall be held on the 1-) day of May, 2013, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law and by the City Council of the City of Aspen on the 22"d day of April, 2013. ATTEST: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor 250 Willoughby Way/ 850 Roaring Fork Rd. Lot Line Adjustment Ordinance # 16, Series of 2013 Page 2 of 3 • LJ FINALLY adopted, passed and approved this day of , 2013. ATTEST: Kathryn S. Koch, City Clerk Exhibit A: Plat illustrating the lot line adjustment. Michael C. Ireland, Mayor 250 Willoughby Way/ 850 Roaring Fork Rd. Lot Line Adjustment Ordinance # 16, Series of 2013 Page 3 of 3 ORDINANCE NO. 17 (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE DISCONNECTION OF CERTAIN TERRITORY FROM THE CITY OF ASPEN, COLORADO, KNOWN AS 250 WILLOUGHBY WAY, LOT 3, BLOCK 1 OF THE GREEN ACRES SUBDIVISION, PITKIN COUNTY, COLORADO PARCEL ID: 2735-121-03-003 WHEREAS, on March 19, 2013, the owner of the property proposed to be disconnected from the City of Aspen did file with the City Clerk of the City of Aspen a "Petition for Disconnection by Ordinance" pursuant to Section 31-12-501, C.R.S; and WHEREAS, Section 31-12-501, C. R.S sets forth the procedure required to disconnect a tract of land ("territory") within and adjacent to the boundary of a city. WHEREAS, the City Council does hereby find and determine that the best interests of the City will not be prejudiced by approval of the Petition for Disconnection of said territory; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FO THE CITY OF ASPEN, COLORADO: Section 1. That the tract of land described in the Petition for Disconnection, commonly referred to as 250 Willoughby Way, and as legally described below, is hereby disconnected from the City of Aspen, Colorado, in accordance with Section 31-12-501, C. R. S. A parcel of land situated in the NE `/4 NE '/4, Section 12, Township 10 South, Range 85 West of the Sixth Principal Meridian; said parcel of land being a portion of that property described as Lot 3, Block 1, Green Acres Subdivision, according to the plat thereof recorded September 27, 1963 under reception no. 116288 and a portion of that property described as Lot 1, Merriam Subdivision, according to the plat thereof recorded November 13, 1990 under reception No. 327935; said parcel of land being more particularly described in Exhibit A. Section 2. The City Clerk of the City of Aspen is hereby directed as follows: (a) To file one (1) certified copy of this ordinance in the office of the City Clerk of the City of Aspen (b) To certify and file two (2) copies of this ordinance with the Clerk and Recorder of the County of Pitkin, State of Colorado. (c) To request the Clerk and Recorder of Pitkin County to file one certified copy of this ordinance with the Division of Local Governments of the Department of Local Affairs, State of Colorado. 250 Willoughby Way — Disconnection Ordinance # 17, Series of 2013 Page 1 of 2 Section 3. The City Engineer of the City of Aspen is hereby directed to amend the Official Map of the City of Aspen to reflect the boundary changes adopted pursuant to this ordinance. Section 4. The land so disconnected shall not thereby by exempt from the payment of any taxes lawfully assessed against it for the purpose of paying any indebtedness contracted by the City of Aspen while such land was within the limits thereof and which remain unpaid and for the payment of which said land could lawfully be taxed. Section 5. That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 6. That this ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. A public hearing on the ordinance shall be held on the 13`h day of May, 2013, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law and by the City Council of the City of Aspen on the 22"d day of April, 2013. Michael C. Ireland, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this day of , 2013. ATTEST: Kathryn S. Koch, City Clerk Exhibit A: Legal Description of De -annexation Parcel. Michael C. Ireland, Mayor 250 Willoughby Way — Disconnection Ordinance # 17, Series of 2013 Page 2 of 2 • • Exhibit A — Lot Line Adjustment Review Criteria 26.480.030. Exemptions. The following development shall be exempted from the terms of this Chapter: A. General exemptions. 1. Lot line adjustment. An adjustment of a lot line between contiguous lots if all the _ following conditions are met: a) It is demonstrated that the request is to correct an engineering or surveying error in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels; and Staff Response: The legal description of 250 Willoughby Way was approved by the Pitkin County Board of Commissioners and Pitkin County Zoning Commission on August 18, 1960 as part of the Green Acres Subdivision, Block 1. 850 Roaring Fork Drive is part of the Merriam Subdivision that was annexed into the City as part of the "North Annexation" in 1967 via Ordinance 30. A 7,314 square feet of land located in the Roaring Fork River overlaps on both 250 Willoughby Way (Lot 3, Block 1 of the Green Acres Subdivision) and 850 Roaring Fork Drive (Lot 1, Merriam Subdivision). Surveys are provided with the application. The legal descriptions of both the North Annexation Map and the Merriam Subdivision Plat refer to the centerline of the Roaring Fork River. The applicant hypothesizes that the overlap area occurred possibly because the legal description of the Merriam Subdivision is tied to the centerline of the Roaring Fork River at low water, which is not referenced in the legal description of the Green Acres Subdivision. Staff finds that criterion a is met in that request is to permit an insubstantial boundary change between adjacent parcels and to correct a presumed surveying error b) All landowners whose lot lines are being adjusted shall provide written consent to the application; and Staff Response: Both landowners, Joan Merriam Crete and 250 Aspen LLC provided written consent to the application, included in Exhibit F of the application. c) The corrected plat will meet the standards of this Chapter and conform to the requirements of this Title, 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. The plat shall be submitted and recorded in the office of the County Clerk and Recorder. Failure to record the plat within a period of one hundred eighty (180) days following approval shall render the plat invalid and reconsideration of the plat by the Exhibit A — Lot Line Adjustment Criteria 850 Roaring Fork Rd./ 250 Willoughby Way Pagel of 2 u • Community Development Director will be required before its acceptance and recording; and Staff Response: The adjusted size of 850 Roaring Fork Road meets the requirements of the R- 15 zone district. The area in question does not contribute toward floor area or density calculations, so the lot line adjustment does not impact the existing development. Staff finds this criterion to be met. d) It is demonstrated that the lot line adjustment will not affect the development rights, including any increase in FAR or permitted density of the affected lots by providing the opportunity to create a new lot for resale or development. A plat note will be added to the corrected plat indicating the purpose of the lot line adjustment and the recognition that no additional FAR will be allowed with the adjustment. Staff Response: The proposed lot line adjustment reduces the size of each lot. The area being removed from each parcel is located below the high water line of the Roaring Fork River. According to the current City of Aspen Land Use Code and Pitkin County Land Use Code, areas beneath the high water line do not contribute to floor area or density calculations. Approval of the lot line adjustment does not have any impact on the development potential of either parcel. Exhibit A — Lot Line Adjustment Criteria 850 Roaring Fork Rd./ 250 Willoughby Way Page 2 of 2 0 • Exhibit B The City of Aspen memorandum City nuorneO Office TO: Mayor and Members of Council FROM: James R. True DATE: April 17, 2013 RE: Ordinance No. 17, Series of 2013, to Disconnect a portion of 250 Willoughby Way, Lot 3, Block 1, of the Green Acres Subdivision from the City Limits of the City of Aspen Attached for your consideration and review is a proposed ordinance that, if approved, would disconnect a small portion of 250 Willoughby Way, Lot 3, Block 1, of the Green Acres Subdivision from the city limits of the City of Aspen. The parcel proposed for disconnection is part of a disputed parcel that overlaps the two properties known as 250 Willoughby Way, Lot 3, Block 1, of the Green Acres Subdivision and 850 Roaring Fork Road, Lot 1 of the Merriam Subdivision. The Willoughby Way parcel is primarily outside of the city limits. The 850 Roaring Fork Road parcel is entirely within the city limits. Through a lot line adjustment the disputed property is being divided between the two lots. 2686 square feet will be removed from the property at 850 Roaring Fork Road and conveyed to 250 Willoughby Way. Following the lot line adjustment, the only portion of the 250 Willoughby Way property within the city limits would be this 2686 square feet. So that the two properties do not cross jurisdictional boundaries, it is proposed that this 2686 square feet be disconnected from the city limits. Attached to the Community Development Department's memo recommending approval of the lot line adjustment and the disconnection is the Petition for Disconnection by Ordinance submitted by the property owners. The petition describes the reasons for the request and history of this parcel. I have asked city staff members to be present at the public hearing of the ordinance to describe any issues that the city staff may wish to bring to City Council's attention before approving the ordinance. State law authorizes City Council to adopt an ordinance to disconnect lands that are within and adjacent to the boundary of the City of Aspen upon the filing of an application by the property owners and a finding of the City Council that the best interests of the City would not be prejudiced by the approval of the disconnection. GANEW G DRIVE FOLDERS_CITY\PLANNING\Land Use Cases\Current\Sara\250 willoughby way\second reading\250 willoughby way Exhibit B .docx Given the small size of the disconnected parcel, there is no financial impact on the city. Since there is a benefit to both jurisdictions to avoid small parcel ownership that crosses jurisdictional boundaries, it is believed that the disconnection is in the best interest of the City. If you have any questions regarding this matter, please contact me. REQUESTED ACTION: Approval of Ordinance No. _, Series of 2013, on first reading. CITY MANAGER'S COMMENTS: cc: City Manager GANEW G DRIVE FOLDERS_ CITY\PLANNING\Land Use Cases\Current\Sara\250 willoughby way\second reading\250 willoughby way Exhibit B .docx From: Suzanne Wolff To: Sara Adams Subject: Lot Line Adjustment and Disconnection: Joan Crete and 250 Aspen LLC Date: Thursday, April 04, 2013 11:51:27 AM Hi Sara. Thank you for the opportunity to review and comment on the Crete/250 Aspen LLC application. The Applicants propose to amend the lot lines in order to resolve an overlap and to disconnect the "City portion" of the 250 Aspen LLC property from the City of Aspen, such that the entire 250 Aspen LLC property would be within unincorporated Pitkin County. The County does not have any objections to the application, and agrees that it is appropriate to resolve the overlap. Please notify me once the disconnection is approved by the City Council, as the County will then initiate the process to rezone the disconnected tract consistent with the R-30 zoning on the remainder of the 250 Aspen LLC lot. Please let me know if you need any additional information. Suzanne Wolff Senior Planner Pitkin County E AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: S35o `R_a rC*\C�®g_k ea t 250 i I I046U ►J Aspen, CO SCHEDULED PUBLIC HEARING DATE: Mandmg NL" t Pgo pin 201-6 STATE OF COLOR4DO ) ) ss. County of Pitkin ) I,r�.r1 (name, please print) being or representing an Applicant to e City -of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice.: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 20_, to and including the date and time of the public hearing.. A photograph of the posted notice ("sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the oo,ners and governmental agencies so noticed is attached hereto. - (Continued on next page) • • Rezoning or text amendment.- Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was acknowledged before me this 2—Vday of ( , 201(, by WITNESS MY HAND AND OFFICIAL SEAL My commission expires: CAI(W(V—) � A � ATTACHMENTS AS APPLICABLE: * COPY OF THE PUBLICATION * PHOTOGRAPH OF THE POSTED NOTICE (SIGN) * LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAII., * APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 PUBLIC NOTICE LOUG BY WAY LOT LINE ADJUSTMENT, RK ROAD AND anydL 250 WI' '.OUGHBY WAY PETITION FOR DIS- CONNc -ION FROM THE CITY NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, May 13, 2013, at a meet- ing to begin at 5,00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Gale- na St.. Aspen, to review a lot line ad7'ustment be- tween the properties located at 850 Roaring Fork Road, Lot 1 of the Merriam Subdivision, City of As- pen, and 250 Willoughby Way. Lot 3, Block A of the Green Acres Subdivision, unincorporated Pitkin County. Aspen City Council is also asked to re- view a petition for disconnection from the City for the portion of land resulting from the lot line ad- justment that is allocated to 250 Willoughby Way. The applicants are Joan Merriam Crete and 250 As an, LLC, represented by Garfield and Hecht, P.0 601 E. Hyman Ave., Aspen, CO 81611. For further informatwn, contact Sara Adams at the City �30 S Galena St Aspen, CO, Develo970)t4P9 Department, ra.adams o cityofaspen.com. ar uichael Ireland, Mavor Aspen City Council 251h, 2013 Published in Aspen Times on April 9117749 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 250 Willoughby Way and 850 Roaring Fork Drive, Aspen, CO SCHEDULED PUBLIC HEARING DATE: May 13, 2013 STATE OF COLORADO } } ss. County of Pitkin } We, E. Michael Hoffman and Kayla Hall, being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ❑ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. 0 Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the 24 h day of April, 2013, to and including the date and time of the public hearing. Two photographs of the posted notice (sign) is attached hereto. The sign was posted at both 250 Willoughby Way and 850 Roaring Fork Drive, as indicated in the attached photographs. 0 Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. The foregoing "Affidavit of Notice" was acknowledged before me this 24t' day of April, 2013, by E. Michael Hoffman and Kayla Hall. PAULA S. RICCERI NOTARY PUBLIC STATE OF COLORADO NOTARY ID #E20094002983 My Commission Expires January 26, 2017 ATTACHMENTS: WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary Public COPY OF THE NOTICE THREE (3) PHOTOGRAPHS OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL u • PUBLIC NOTICE RE: 850 ROARING FORK ROAD AND 250 WILLOUGHBY WAY LOT LINE ADJUSTMENT, and 250 WILLOUGHBY WAY PETITION FOR DISCONNECTION FROM THE CITY NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, May 13, 2013, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to review a lot line adjustment between the properties located at 850 Roaring Fork Road, Lot 1 of the Merriam Subdivision, City of Aspen, and 250 Willoughby Way, Lot 3, Block 1 of the Green Acres Subdivision, unincorporated Pitkin County. Aspen City Council is also asked to review a petition for disconnection from the City for the portion of land resulting from the lot line adjustment that is allocated to 250 Willoughby Way. The applicants are Joan Merriam Crete and 250 Aspen, LLC, represented by Garfield and Hecht, P.C. 601 E. Hyman Ave., Aspen, CO 81611. For further information, contact Sara Adams at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2778, sara.adams@cityofaspen.com. s/ Michael Ireland, Mayor Aspen City Council Published in the Aspen Times on April 25th, 2013 City of Aspen Account lee 41 •+: 1 I R � � ... 1 -r yam• .,a ►I _f , jo Ar ip .a" K .,may /• ' ck All s `� A f v IL "' _ �.'•��!!*��• I ��., •af,�4 ••.. ,irk ( ir•i INS,��f�,�\ y� � �' a y � �'�� •fit 1. �' �•� /,1� 16 +�'�. �:., � ,�(,''A�� • ��i ,� •��.-ate r '�• r:� ... .�_ .+1 ~ • � i � • 1 • ' ��. i j �( ti `� �' � e 1� �r � . , •';� ' , •• y♦, t(16�j . =,� �bAC.,4' i, � '�,�• ` ^ ••� •'n L .' -:T•'i "� •Gi%t'F�rit;37 .. �'ISa %A/�`'`*-� R"� ., •.,i'- it �.. ' "T.� '' i •-% 16 All ••.1R.4 ' - . . - MIN Oro ,calsd al 850 Rea," For% Rd � '-,m tw C.y fnr to qga a Aw 5o wmo gnlq WaYDsw." f(v �. - c .... bt ,ne iQjusbnant s roquras,c— �`. IAppi c rNt are JoM_1�L"ffl Cte'e • 1. 75n Aug PLC MPt- rrf t • nJ Of iCe 97' f I — 1 Easy Peel® Labels Use Avery® Template 51608 205 SHADY LANE LLC PO BOX 51536 KALAMAZOO, MI 49005-1536 BARSET EQUITIES LLC C/O TONY BEDI 1050 BRIDGEWAY SAUSALITO, CA 94965 DRAFT HOWARD C TRUSTEE C/O LOUIS R MALIKOW PO BOX 833 SARATOGA SPRINGS, NY 12866 FESUS GEORGE J & SUSAN C PO BOX 9197 ASPEN, CO 81612-9197 GOODMAN BENNETT J QPRT 12 COOPER RD SCARSDALE, NY 10583 • Bend alongline to i eed Paper expose Pop-up EdgeT"° a JaVERYo 5160® 218 WILLOUGHBY WAY LLC ASPEN CENTER FOR ENVIRONMENTAL 1424 LARIMER ST STUDIES DENVER, CO 80202 100 PUPPY SMITH ST ASPEN. CO 81611 BECK PHILLIP S & JANICE A 698 BLACKTHORN RD WINNETKA, IL 60093 ECCLESTONE EDWIN LLWYD JR REV LIVING TRUST PO BOX 3267 WEST PALM BEACH, FL 33402 FISHCAMP LLC C/O CASA DE AMIGO OFFICE 1751 W CITRACADO PKWY ESCONDIDO, CA 92029 GREENBERG CREDIT TRUST 50% 223 N CARMELINA AVE LOS ANGELES, CA 90049 GREENBERG ROBERT JOEL REV TRUST KERN ALBERT 25% PO BOX 389 800 BRONZE LN ASPEN, CO 81612 LOS ANGELES, CA 90049 MALCOLM MICHAEL A & DENISE SHEA PITKIN COUNTY PO BOX 7667 530 E MAIN ST #302 ASPEN, CO 81612 ASPEN, CO 81611 VINE CHLOE WILLOUGHBY PONDS TRUST 1802 S UINTA WY 180 N WACKER DR #001 DENVER, CO 802312914 CHICAGO, IL 60606 BERMUDA PROPERTIES INC ESTEE LAUDER CO ATTN JOAN KRUPSKAS 767 FIFTH AVE 40TH FL NEW YORK, NY 10153 FARISH FAMILY 2012 GENERATION SKIPPING TRUST 3674 DEL MONTE DR HOUSTON, TX 77019 GERSH ROBERT & LINDA TRUST C/O ROBERT GERSH 802 N ELM STREET BEVERLY HILLS, CA 90210 GREENBERG JONATHAN DAVID REV TRUST 25% 1304 BELLAIR WY MENLO PARK, CA 94025 KOCH DAVID H TRUSTEE C/O KOCH INDUSTRIES 4111 E 37TH ST N WICHITA, KS 67220 SAGEBRUSH LODGE LLC 767 FIFTH AVE 40 FLOOR NEW YORK, NY 10153 ZILKHA SELIM K TRUST 750 LAUSANNE RD LOS ANGELES, CA 90077 kicluettes faciles a peler ; Repliez A la hachure afln de ; Utllisez le gdbarit AVERY® 51600 ns de chaergement r6v6ler le rebord Pop-upmc J www.avery.com 1-800-GO-AVERY 1 MEMORANDUM TO: Mayor Ireland and Aspen City Council THRU: Chris Bendon, Community Development Director FROM: Sara Adams, Senior PlannerG RE: 850 Roaring Fork Road and 250 Willoughby Way: Lot Line Adjustment and Petition for Disconnection from the City, First Reading, Ordinances No. and No. , Series of 2013. Second Reading is scheduled for May 13, 2013. MEL 1 EN U MAIL E: Apn1 Ll, Lu 1 j Applicant /owner: Joan Merriam Crete and 250 Aspen, LLC REPRESENTATIVE: Michael Hoffinan, Garfield and Hecht, P.C. LOCATION: 850 Roaring Fork Road (owner is Joan Merriam Crete), and 250 Willoughby Way (owner is 250 Aspen, LLC). CURRENT ZONING & USE: 850 Roaring Fork Road is located within Aspen city limits and is zoned R-15, Moderate Density Residential. 250 Willoughby Way is located in Pitkin County and is zoned R-30, Residential. PROPOSED LAND USE: The applicants propose to resolve a land dispute through a lot line adjustment and petition for disconnection of a portion of the lot from the city. SUMMARY: This application addresses two parcels — one within City limits and one within Pitkin County. The two properties share a portion of land located within the Roaring Fork River and Aspen city limits. The applicants propose to divide the area where the parcels overlap through a lot line adjustment. 250 Willoughby Way, which is located outside the city limits, requests to disconnect the small tract of land that results from the lot line adjustment such that the entire property be within Pitkin County. STAFF RECOMMENDATION: Staff recommends that the Aspen City Council grant approval with conditions. Figure 1: Map illustrating both parcels. The circle delineates the overlap area. Pagel of 4 First Reading Staff Memo 850 Roaring Fork Drive/250 Willoughby Way 04/22/13 LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approvals from City Council to resolve the land dispute: • Lot Line Adjustment (Section 26.480.040) to divide the overlap area between the two properties. City Council is the final review authority. • Petition for Disconnection from the City to remove the small tract of land allotted to 250 Willoughby Way so that the entire property is within Pitkin County. City Council is the final review authority. BACKGROUND AND PROJECT SUMMARY: The legal description of 250 Willoughby Way was approved by the Pitkin County Board of Commissioners and Pitkin County Zoning Commission on August 18, 1960 as part of the Green Acres Subdivision, Block 1. 850 Roaring Fork Drive is part of the Merriam Subdivision that was annexed into the City as part of the "North Annexation" in 1967 via Ordinance 30. At some point both properties were surveyed to own the same tract of land. A 7,314 square feet tract of land located in the Roaring Fork River overlaps on both 250 Willoughby Way (Lot 3, Block 1 of the Green Acres Subdivision) and 850 Roaring Fork Drive (Lot 1, Merriam Subdivision). The legal descriptions of both the North Annexation Map and the Merriam Subdivision Plat refer to the centerline of the Roaring Fork River. The applicant hypothesizes that the overlap area occurred possibly because the legal description of the Merriam Subdivision is tied to the centerline of the Roaring Fork River at low water, which is not referenced in the legal description of the Green Acres Subdivision. Nevertheless, the owners of both properties have agreed to resolve the discrepancy by dividing the land between the two properties. Because each property has been including the overlap area in lot size calculations, the lot line adjustment reduces the size of each lot. A table and map are provided below. Table 1: Existine and Pronosed Lot Sizes: Current lot size (sL) Area to be removed from each lot(sL) Adjusted lot size (sL) 850 Roaring Fork Rd. 92,542 2,686 89,856 250 Willoughby Way 66,087 4,628 61,459 Total 158,629 7,314 151,315* * Each property is reduced in size because both properties have been including the overlap area in the current lot size calculation. First Reading Staff Memo 850 Roaring Fork Drive/250 Willoughby Way 04/22/ 13 Page 2 of 4 • • Legend aspen ciylimits Parcel R�(1 R��urin�� Fork RBI 250 Willoughby Way Figure 2: Detail of the overlap area, shown in red. Aspen city limits are shaded in purple. The Roaring Fork River is blue and the parcel boundaries are blue. A lot line adjustment is required to amend the property boundaries to resolve the conflict. The area in question is located entirely beneath the high water line of the Roaring Fork River, which means that it is not included in floor area or density calculations according to City and County regulations. Furthermore, the survey shows that the land in question is part of a conservation easement granted to the Aspen Center for Environmental Studies (recordation #327937). After the adjustment, the "city portion" of 250 Willoughby Way is requested to be disconnected from the City so that the entire property is located within the County. If the City approves the request, the County plans to process an application to rezone the disconnected tract consistent with the R-30 zoning on the remainder of the 250 Willoughby Way lot. Referral comments from the County are attached as Exhibit C. STAFF COMMENTS: Staff finds that the review criteria for a lot line adjustment listed in Exhibit A are met. The boundary change is a general clean-up for both properties and does not impact the development First Reading Staff Memo 850 Roaring Fork Drive/250 Willoughby Way 04/22/ 13 Page 3 of 4 rights. Both properties are reduced in size with the proposed lot line adjustment; however they still conform to the existing zone districts regarding size. State law authorizes City Council to adopt an ordinance to disconnect lands that are within and adjacent to the boundary of the City of Aspen upon the filing of an application by the property owners and a finding of the City Council that the best interests of the City would not be prejudiced by the approval of the disconnection. FINANCIAL/BUDGET IMPACTS: There are no improvements within the area to be disconnected. According to the Finance Department the financial impact regarding taxes of the disconnection is near $0. RECOMMENDATION• Lot Line Adjustment: In reviewing the proposal, Staff believes that the project is consistent with the applicable review standards in the City Land Use Code. Staff recommends approval of the lot line adjustment. Disconnection from the City: Staff is supportive of the request for disconnection as it corrects a surveying error and does not have financial impacts to the City. It also allows the entire 250 Willoughby Way parcel to be within one jurisdiction. Council is asked to make a finding that the best interests of the City would not be prejudiced by the approval of the disconnection. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE): "I move to approve Ordinance No._, Series of 2013, approving with conditions a Lot Line Adjustment on first reading." "I move to approve Ordinance No. _, Series of 2013, approving the disconnection of a small tract of land located at 250 Willoughby Way on first reading. CITY MANAGER COMMENTS: ATTACHMENTS: EXHIBIT A —Lot line Adjustment Criteria. EXHIBIT B — Memo from City Attorney, James R. True. EXHIBIT C — Referral from Pitkin County Community Development. EXHIBIT D — Application. First Reading Staff Memo 850 Roaring Fork Drive/250 Willoughby Way 04/22/ 13 Page 4 of 4 ORDINANCE NO. _ (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A LOT LINE ADJUSTMENT FOR THE PROPERTIES LOCATED AT 250 WILLOUGHBY WAY, LOT 3, BLOCK A OF THE GREEN ACRES SUBDIVISION, UNINCORPORATED PITKIN COUNTY AND 850 ROARING FORK ROAD, LOT 1 OF THE MERRIAM SUBDIVISION, ASPEN, COLORADO PARCEL ID: 2735-121-26-001 (850 Roaring Fork Rd) 2735-121-03-003 (250 Willoughby Way) WHEREAS, the applicant, 250 Aspen LLC and Joan Merriam Crete, represented by Michael Hoffman, Garfield and Hecht, P.C., 601 E. Hyman Ave., Aspen, CO 81611, submitted a request for a Lot Line Adjustment for the properties located at 250 Willoughby Way, Lot 3, Block I of the Green Acres Subdivision, unincorporated Pitkin County, Colorado and 850 Roaring Fork Road, Lot 1 of the Merriam Subdivision, Aspen, Colorado; and and WHEREAS, 250 Willoughby Way is partially located outside of the Aspen city limits; WHEREAS, 850 Roaring Fork Road is located entirely within the Aspen city limits; and WHEREAS, pursuant to Section 26.480, the City Council may approve a Lot Line Adjustment, during a duly noticed public hearing after considering comments from the general public and a recommendation from the Community Development Director; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of a Lot Line Adjustment and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FO THE CITY OF ASPEN, COLORADO: Section 1. Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a Lot Line Adjustment as shown in Exhibit A and described below in Table 1 subject to the following conditions. 250 Willoughby Way/ 850 Roaring Fork Rd. Lot Line Adjustment Ordinance # _, Series of 2013 Page 1 of 3 • • Table 1: Current lot size (sf.) Area to be removed from each lot (sf. Adjusted lot size (sf.) 850 Roaring Fork Rd. 92,542 2,686 89,856 250 Willoughby Way 66,087 4,628 61,459 Total 158,629 7,314 151,315* *Each property is reduced in size because both properties have been including the overlap area in the current lot size calculation Section 2. Lot Line Adiustment Plat The corrected plat will meet the standards of the Aspen Municipal Code and conform to the requirements of the Aspen Municipal Code, 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. The plat shall be submitted and recorded in the office of the County Clerk and Recorder. Failure to record the plat within a period of one hundred eighty (180) days following approval shall render the plat invalid and reconsideration of the plat by the Community Development Director will be required before its acceptance and recording Section 3. That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4. Vested Rights The development approvals granted herein shall constitute a site - specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site -specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 850 Roaring Fork Road and 250 Willoughby Way. 250 Willoughby Way/ 850 Roaring Fork Rd. Lot Line Adjustment Ordinance # _, Series of 2013 Page 2 of 3 Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 5. That this ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. A public hearing on the ordinance shall be held on the 13`h day of May, 2013, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law and by the Cit- Council of the City of Aspen on the 22"d day of April, 2013. Michael C. Ireland, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed and appro- ed this day of , 2013. ATTEST: Kathryn S. Koch, City Clerk Exhibit A: Plat illustrating the lot line adjustment. Michael C. Ireland, Mayor 250 Willoughby Way/ 850 Roaring Fork Rd. Lot Line Adjustment Ordinance # _, Series of 2013 Page 3 of 3 0 • ORDINANCE NO. (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE DISCONNECTION OF CERTAIN TERRITORY FROM THE CITY OF ASPEN, COLORADO, KNOWN AS 250 WILLOUGHBY WAY, LOT 3, BLOCK 1 OF THE GREEN ACRES SUBDIVISION, PITKIN COUNTY, COLORADO PARCEL ID: 2735-121-03-003 WHEREAS, on March 19, 2013, the owner of the property proposed to be disconnected from the City of Aspen did file with the City Clerk of the City of Aspen a "Petition for Disconnection by Ordinance" pursuant to Section 31-12-501, C.R.S; and WHEREAS, Section 31-12-501, C. R.S sets forth the procedure required to disconnect a tract of land within and adjacent to the boundary of a city. WHEREAS, the City Council does hereby find and determine that the best interests of the City would not be prejudiced by the approval of the Petition for Disconnection of said territory. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FO THE CITY OF ASPEN, COLORADO: Section 1. That the tract of land described in the Petition for Disconnection, commonly referred to as 250 Willoughby Way, and as legally described below, is hereby disconnected from the City of Aspen, Colorado, in accordance with Section 31-12-501, C. R. S. A parcel of land situated in the NE '/4 NE '/4, Section 12, Township 10 South, Range 85 West of the Sixth Principal Meridian; said parcel of land being a portion of that property described as Lot 3, Block 1, Green Acres Subdivision, according to the plat thereof recorded September 27, 1963 under reception no. 116288 and a portion of that property described as Lot 1, Merriam Subdivision, according to the plat thereof recorded November 13, 1990 under reception No. 327935; said parcel of land being more particularly described in Exhibit A. Section 2. The City Clerk of the City of Aspen is hereby directed as follows: (a) To file one (1) certified copy of this ordinance in the office of the City Clerk of the City of Aspen (b) To certify and file two (2) copies of this ordinance with the Clerk and Recorder of the County of Pitkin, State of Colorado. 250 Willoughby Way — Disconnection Ordinance # _, Series of 2013 Page 1 of 2 (c) To request the Clerk and Recorder of Pitkin County to file one certified copy of this ordinance with the Division of Local Governments of the Department of Local Affairs, State of Colorado. Section 3. The City Engineer of the City of Aspen is hereby directed to amend the Official Map of the City of Apsen to reflect the boundary changes adopted pursuant to this ordinance. Section 4. The land so disconnected shall not thereby by exempt from the payment of any taxes lawfully assessed against it for the purpose of paying any indebtedness contracted by the City of Aspen while such land was within the limits thereof and which remain unpaid and for the payment of which said land could lawfully be taxed. Section 5. That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 6. That this ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. A public hearing on the ordinance shall be held on the 13d' day of May, 2013, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by laNv, and by the City Council of the City of Aspen on the 22od day of April, 2013. Michael C. Ireland, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this day of 92013. ATTEST: Kathryn S. Koch, City Clerk Exhibit A: Legal Description of De -annexation Parcel. Michael C. Ireland, Mayor 250 Willoughby Way — Disconnection Ordinance # _, Series of 2013 Page 2 of 2 • 0 Exhibit A Legal Description of De -Annexation Parcel A PARCEL OF LAND SITUATED IN THE NE 1/4 NE 1/4, SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN; SAID PARCEL OF LAND BEING A PORTION OF THAT PROPERTY DESCRIBED AS LOT 3, BLOCK 1, GREEN ACRES SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 27, 1963 UNDER RECEPTION NO. 116288 AND A PORTION OF THAT PROPERTY DESCRIBED AS LOT 1, MERRIAM SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 13, 1990 UNDER RECEPTION NO. 327935; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY AND EASTERLY BOUNDARY LINE OF SAID LOT 1, MERRIAM SUBDIVISION, WHENCE THE 1978 BLM BRASS CAP FOR THE N 1/16 SECTION 12/7 BEARS S.76°17'37"E., A DISTANCE OF 191.96 FEET (WITH ALL BEARINGS HEREIN BEING BASED ON A BEARING OF S.89015'58"E. BETWEEN SAID BRASS CAP AND CORNER NO. 14, BROWN PLACER); THENCE N.54005'54"W., A DISTANCE OF 102.00 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF SAID LOT 1, MERRIAM SUBDIVISION; THENCE N.49040'40"'E., ALONG SAID WESTERLY BOUNDARY LINE A DISTANCE OF 39.66 FEET TO THE NORTHWEST CORNER OF SAID LOT 1, MERRIAM SUBDIVISION; THENCE LEAVING SAID WESTERLY BOUNDARY LINE S.59003'00"E., ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT 1, MERRIAM SUBDIVISION A DISTANCE OF 28.11 FEET; THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY LINE S.23012'00"E., A DISTANCE OF 70.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 1, MERRIAM SUBDIVISION; THENCE LEAVING SAID NORTHERLY BOUNDARY LINE S.05°57'00" E., ALONG THE EASTERLY BOUNDARY LINE OF SAID LOT, A DISTANCE OF 6.71 FEET TO THE POINT OF BEGINNING. CONTAINING 2,686 SQUARE FEET OR 0.062 ACRES, MORE OR LESS. CITY OF ASPEN COUNTY OF PITKIN STATE OF COLORADO Exhibit A — Lot Line Adjustment Review Criteria 26.480.030. Exemptions. The following development shall be exempted from the terms of this Chapter: A. General exemptions. 1. Lot line adjustment. An adjustment of a lot line between contiguous lots if all the following conditions are met: a) It is demonstrated that the request is to correct an engineering or surveying error in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels; and Staff Response: The legal description of 250 Willoughby Way was approved by the Pitkin County Board of Commissioners and Pitkin County Zoning Commission on August 18, 1960 as part of the Green Acres Subdivision, Block 1. 850 Roaring Fork Drive is part of the Merriam Subdivision that was annexed into the City as part of the "North Annexation" in 1967 via Ordinance 30. A 7,314 square feet of land located in the Roaring Fork River overlaps on both 250 Willoughby Way (Lot 3, Block 1 of the Green Acres Subdivision) and 850 Roaring Fork Drive (Lot 1, Merriam Subdivision). Surveys are provided with the application. The legal descriptions of both the North Annexation Map and the Merriam Subdivision Plat refer to the centerline of the Roaring Fork River. The applicant hypothesizes that the overlap area occurred possibly because the legal description of the Merriam Subdivision is tied to the centerline of the Roaring Fork River at low water, which is not referenced in the legal description of the Green Acres Subdivision. Staff finds that criterion a is met in that request is to permit an insubstantial boundary change between adjacent parcels and to correct a presumed surveying error b) All landowners whose lot lines are being adjusted shall provide written consent to the application; and Staff Response: Both landowners, Joan Merriam Crete and 250 Aspen LLC provided written consent to the application, included in Exhibit F of the application. c) The corrected plat will meet the standards of this Chapter and conform to the requirements of this Title, 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. The plat shall be submitted and recorded in the office of the County Clerk and Recorder. Failure to record the plat within a period of one hundred eighty (180) days following approval shall render the plat invalid and reconsideration of the plat by the Exhibit A — Lot Line Adjustment Criteria 850 Roaring Fork Rd./ 250 Willoughby Way Pagel of 2 Community Development Director will be required before its acceptance and recording; and Staff Response: The adjusted size of 850 Roaring Fork Road meets the requirements of the R- 15 zone district. The area in question does not contribute toward floor area or density calculations, so the lot line adjustment does not impact the existing development. Staff finds this criterion to be met. d) It is demonstrated that the lot line adjustment will not affect the development rights, including any increase in FAR or permitted density of the affected lots by providing the opportunity to create a new lot for resale or development. A plat note will be added to the corrected plat indicating the purpose of the lot line adjustment and the recognition that no additional FAR will be allowed with the adjustment. Staff Response: The proposed lot line adjustment reduces the size of each lot. The area being removed from each parcel is located below the high water line of the Roaring Fork River. According to the current City of Aspen Land Use Code and Pitkin County Land Use Code, areas beneath the high water line do not contribute to floor area or density calculations. Approval of the lot line adjustment does not have any impact on the development potential of either parcel. Exhibit A — Lot Line Adjustment Criteria 850 Roaring Fork Rd./ 250 Willoughby Way Page 2 of 2 Exhibit B The City of Aspen Memorandum City ffttornei,� Office TO: Mayor and Members of Council FROM: James R. True DATE: April 17, 2013 RE: Ordinance No. _, Series of 2013, to Disconnect a portion of 250 Willoughby Way, Lot 3, Block 1, of the Green Acres Subdivision from the City Limits of the City of Aspen Attached for your consideration and review is a proposed ordinance that, if approved, would disconnect a small portion of 250 Willoughby Way, Lot 3, Block 1, of the Green Acres Subdivision from the city limits of the City of Aspen. The parcel proposed for disconnection is part of a disputed parcel that overlaps the two properties known as 250 Willoughby Way, Lot 3, Block 1, of the Green Acres Subdivision and 850 Roaring Fork Road, Lot 1 of the Merriam Subdivision. The Willoughby Way parcel is primarily outside of the city limits. The 850 Roaring Fork Road parcel is entirely within the city limits. Through a lot line adjustment the disputed property is being divided between the two lots. 2686 square feet will be removed from the property at 850 Roaring Fork Road and conveyed to 250 Willoughby Way. Following the lot line adjustment, the only portion of the 250 Willoughby Way property within the city limits would be this 2686 square feet. So that the two properties do not cross jurisdictional boundaries, it is proposed that this 2686 square feet be disconnected from the city limits. Attached to the Community Development Department's memo recommending approval of the lot line adjustment and the disconnection is the Petition for Disconnection by Ordinance submitted by the property owners. The petition describes the reasons for the request and history of this parcel. I have asked city staff members to be present at the public hearing of the ordinance to describe any issues that the city staff may wish to bring to City Council's attention before approving the ordinance. State law authorizes City Council to adopt an ordinance to disconnect lands that are within and adjacent to the boundary of the City of Aspen upon the filing of an application by the property G:\True\850 Roaring Fork Road Disconnection. docx • Cl owners and a finding of the City Council that the best interests of the City would not be prejudiced by the approval of the disconnection. Given the small size of the disconnected parcel, there is no financial impact on the city. Since there is a benefit to both jurisdictions to avoid small parcel ownership that crosses jurisdictional boundaries, it is believed that the disconnection is in the best interest of the City. If you have any questions regarding this matter, please contact me. REQUESTED ACTION: Approval of Ordinance No. _, Series of 2013, on first reading. CITY MANAGER'S COMMENTS: cc: City Manager G:\True\850 Roaring Fork Road Disconnection.docx Sara Adams From: Suzanne Wolff <Suzanne.Wolff@co.pitkin.co.us> Sent: Thursday, April 04, 2013 11:48 AM To: Sara Adams Subject: Lot Line Adjustment and Disconnection: Joan Crete and 250 Aspen LLC Hi Sara Thank you for the opportunity to review and comment on the Crete/250 Aspen LLC application. The Applicants propose to amend the lot lines in order to resolve an overlap and to disconnect the "City portion" of the 250 Aspen LLC property from the City of Aspen, such that the entire 250 Aspen LLC property would be within unincorporated Pitkin County. The County does not have any objections to the application, and agrees that it is appropriate to resolve the overlap. Please notify me once the disconnection is approved by the City Council, as the County will then initiate the process to rezone the disconnected tract consistent with the R-30 zoning on the remainder of the 250 Aspen LLC lot. Please let me know if you need any additional information. Suzanne Wolff Senior Planner Pitkin County ._._............ ._ Exhibit A f, Overlap I* r-• u • )pjq .2olWZ4ECEIVED MAN i a )013 CITY OF ASPEN Exhibit A COMMUNITY DEVELOPMENT Legal Description of De -Annexation Parcel A PARCEL OF LAND SITUATED IN THE NE 1/4 NE 1/4, SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN; SAID PARCEL OF LAND BEING A PORTION OF THAT PROPERTY DESCRIBED AS LOT 3, BLOCK 1, GREEN ACRES SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 27, 1963 UNDER RECEPTION NO. 116288 AND A PORTION OF THAT PROPERTY DESCRIBED AS LOT 1, MERRIAM SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 13, 1990 UNDER RECEPTION NO. 327935; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY AND EASTERLY BOUNDARY LINE OF SAID LOT 1, MERRIAM SUBDIVISION, WHENCE THE 1978 BLM BRASS CAP FOR THE N 1/16 SECTION 12/7 BEARS S.76°17'37"E., A DISTANCE OF 191.96 FEET (WITH ALL BEARINGS HEREIN BEING BASED ON A BEARING OF S.89015'58"E. BETWEEN SAID BRASS CAP AND CORNER NO. 14, BROWN PLACER); THENCE N.54°05'54"W., A DISTANCE OF 102.00 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF SAID LOT 1, MERRIAM SUBDIVISION; THENCE N.49040'40"'E., ALONG SAID WESTERLY BOUNDARY LINE A DISTANCE OF 39.66 FEET TO THE NORTHWEST CORNER OF SAID LOT 1, MERRIAM SUBDIVISION; THENCE LEAVING SAID WESTERLY BOUNDARY LINE S.59003'00"E., ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT 1, MERRIAM SUBDIVISION A DISTANCE OF 28.11 FEET; THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY LINE S.23012'00"E., A DISTANCE OF 70.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 1, MERRIAM SUBDIVISION; THENCE LEAVING SAID NORTHERLY BOUNDARY LINE S.05057'00" E., ALONG THE EASTERLY BOUNDARY LINE OF SAID LOT, A DISTANCE OF 6.71 FEET TO THE POINT OF BEGINNING. CONTAINING 2,686 SQUARE FEET OR 0.062 ACRES, MORE OR LESS. CITY OF ASPEN COUNTY OF PITKIN STATE OF COLORADO L RECEIVE. MAR 1 ATTACHMENT 2—LAND USE APPLICATION CITY OF ASPEN PRojEcr: GOMMUNITY DEVELOPMEI,T Name: 250 Aspen LLC - Joan Crete Lot Line Adjustment Application Location: 250 Willoughby Way - 850 Roaring Fork Road (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) Parcels 273512126001(Roaring Fork Road - 273512103003 (Willoughby Way) ♦ ,. tirrLll.H1,1 1 . Name: 250 Aspen LLC and Joan Merriam Crete Address: c/o Garfield & Hecht, P.C., 601 E. Hyman Ave., Aspen, CO 81611 Phone #: Attn: Michael Hoffman, (970) 544-3442 1\LI lll./Jlll, 1l111 � li. Name: Michael Hoffman Address: Garfield & Hecht, P.C., 601 E. Hyman Avenue, Aspen, CO 81611 Phone #: (970) 544-3442 TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ® Lot Line Adjustment ❑ Other: ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals. etc. ) The two lots include some of the same land, as shown on Exhibit A. 'ROPOSAu (description of proposed buildings, uses, modifications, etc.) To divide the 'overlap area" between the two parcels, as shown in Exhibit G. Have you attached the following? K] Pre -Application Conference Summary ® Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form n Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. sbq RI 0 Agreement to Pay Application Fees Anagreement between the City of Aspen("City") and Property 250 Aspen, LLC Phone No.: (970) 544-3442 Owner ("I`): Email: emhaspen@gmail.com ddress of Billie c/o Garfield & Hecht, P.C. AProperty- 250 Willoughby Way Address Attn: Michael Hoffman (subject of Aspen, CO 81611 (send bills here) 601 E. Hyman Avenue application) Aspen, CO 81611 iV understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Us applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ flat fee for $ flat fee for $ flat fee for $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of a proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient informs ion to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing ad ress and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for on -payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual r-corded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse th City for the processing of my application at the hourly rates hereinafter stated. $ 3.250.00 deposit for 10 hours of Community Development Department staff time. Addit�Onal time above the deposit amount will be billed at $315 per hour. $ 265.00 deposit for 1 hours of Engineering Department staff time. Additional time abov the deposit amount will be billed at $265 per hour. City of Aspen: Chris Bendon Community Development Director Property Owner: 250 ASPEN LLC Title: M City Use: Foes Due: $ Received: $ William Guth RECEIVED CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY CITY OF ASPEN COMMUNITY DEVELOPMENT PLANNER: Sara Nadolny, 970.429.2739 DATE: February 5, 2013 PROJECT: Lot Line Adjustment/Disconnection of City Property at 850 Roaring Fork Rd. REPRESENTATIVE: Mike Hoffman, Garfield & Hecht DESCRIPTION: The Applicant is interested in cleaning up an overlapping jurisdictional boundary issue between two properties — 850 Roaring Fork Rd. which is Lot 1 of the Merriam Subdivision and fully under City jurisdiction, and 250 Willoughby Way, which is part of the Green Acres community and primarily within Pitkin County jurisdiction, but contains a small portion of land which is within the City's jurisdiction. Historic surveys have concluded that this small section of land on the Willoughby Way property has been annexed into the City of Aspen. The owners of the subject properties are proposing an adjustment to their individual property's lot line that will provide a complete separation of jurisdictions for the properties along the small strip of exposed land in the Roaring Fork River. This will require a disconnection of a small section of City property, in a public hearing before City Council. This will also require a lot line adjustment for the property at 850 Roaring Fork Rd. Pursuant to Section 26.480.030 Exemptions, lot line adjustments are exempt from general subdivision requirements and require approval by City Council. A final plat will be produced reflecting the proposed changes, and both the Directors for the City and County's Community Development departments will sign off on this, as well as the owners and other appropriate parties. 850 Roaring Fork Rd is located within the City's R-15 zone district. The Applicant will need to provide current improvement surveys for both parcels, as well as annexation records for these properties. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.480.030 Lot Line Adjustment http•//www aspenpitkin com/Departments/Community-DevelopmenUPIanninq-and-ZoninglTitle-26- Land-Use-Codel Review by: • Staff for complete application • City Council for disconnection and approval of lot line adjustment Public Hearing: City Council Planning Fees: $3,250 - This includes46m- wours of staff review time, plus a public hearing before City Council. Additional staff review hours will be billed at $325 per hour. Referral Fees: Engineering - $265 includes one (1) hour of staff review time. Additional time over one (1) hour will be billed at $265 per hour. Total Deposit: $3,515 Total Number of Application Copies: 10 Copies, (CC = 7; Referral Agencies =1 /ea.; Planning Staff = 2) To apply, submit the following information: ❑ Proof of ownership with payment. ❑ Signed fee agreement. ❑ 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. t ❑ 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 owners right to apply for the Development Application. ❑ Total deposit for review of the application. ❑ 2 Copies of the complete application packet and maps. ❑ An 81 /2" by 11' vicinity map locating the parcel within the City of Aspen. ❑ 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.) ❑ 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 ❑ Copies of prior approvals. ❑ 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. ❑ 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. u • cut to Resolve Connicfim PropeirtY Boundaries This Agreement to Resolve Conflicting Property Boundaries (this "Agreement") is made and entered into effective as of the lst+day of 3uly , 2012 by and between 250 Aspen LLC, a Colorado limited liability company ("250 Aspect"), and Joan Merriam Crete ("Crete"). FT,1 . . A 250 Aspen is the owner of real property described as Lot 3, Block 1, Green Acres Subdivision, as described in the Plat thereof recorded in the real property records of Pitkin County, Colorado on September 17, 1963, in Ditch Book 2A at Page 292, County of Pitkin, State of Colorado (the "250 Aspen Property"). B. Crete is the owner of real property located immediately adjacent to and south of the 250 Aspen Property described as Lot 1, Merriam Subdivision, as described in the Plat recorded thereof recorded in the real property records of Pitkin County, Colorado on November 13, 1990, in Plat Book 25 at Page 39, County of Pitkin, State of Colorado (the "Crete Property'). C. As defined in docurnents recorded in the real property records of Pitkin County, the 250 Aspen Property and the Crete Property both include the same area of land as shown graphically in the copy of the Improvement Survey prepared by Aspen Survey Engineers, Inc., Job 1085, dated 09l11, which is attached hereto as Exhibit A_ NOW THEREFORE, in consideration of the mutual covenants set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, 250 Aspen and Crete hereby agree as set forth below: 1. Resolution of Overlap. The parties agree that the Overlap Area should be divided by the red line shown in Exhibit B, attached hereto, and that the area to the north of said line -%ill be consolidated into the 250 Aspen Property and the area to the south of said line will be included in the Crete Property. 2. Lot Line Adjustment. 250 Aspen shall prepare, file with the City of Aspen and Piddn County and prosecute applications for a lot line adjustment as provided in the City of Aspen and Pitkin County Land Use Codes_ The application A-W be consistent with the "resolution of overlap" described in Section L immediately above. In connection with the filing of a deed to effect the lot line adjustment approved by Pitkin County, the surveyor who prepares the legal description of the parcels to be conveyed shalt be authorized to establish new survey monuments to memorialize the new boundary between the 250 Aspen Property and Crete Property. Crete sNk1l pay one )xff of the attorneys ees and es incurred b 50 n in preparing, filing d p the land use appli on Fr time to time, but n re often than once each 250 Aspen will supply Crete a of all invoices recei 250 Aspen in connecti its eparation and prosecution of I application_ ete pay to 250 Aspen o half of" tal amount of the invoi suppli by 250 Asps within ten (10) • 0 'Ihe parties agree to cooperate whiz each other and with all Koverjap y ofAspenand PidzinCounty to achieve the resolution of the Area as outlined in Section 1, above, including, without limitation, the execution and recording of any deed, plat or map reasonably required to effect the purposes of this Agreement. 3. Insurance. At all times prior to the successful resdution of the overlap as set forth in Section 1, above, and in the event approval by Piti.-in County of the lot line adjustment application is unduly delayed or denied, the parties agree to provide adequate liability insurance in connection with their ownership of the Overlap Area. 4. General Provisions - (a) Binding on Successors. It is mutually covenanted and agreed by the parties that this agreement shall enure to the benefit of and be binding upon the parties, their heirs; distributees, legal representatives- successors and assigns in their respective properties. Each party shall provide notice to the other party within ten (10) days of the date such party enters into a contract for the sale of their property. (b) Entire Agreement This Agnaern mil contains the entire understanding of the parties, and supersedes all prior written or verbal agreements or representations. No change or waiver of any provision of this license shall be valid unless in writing and signed by the party against whom such change or waiver is sought to be enforced- (c) ControIling Law- This license shall be subject to and shall be interpreted according to the laws of the State of Colorado. in the event of any lawsuit by one party hereto against the other involving this license, such lawsuit must be tiled in Pitkin Coun enty, Colorado. (d) Eaecuion of Agreement This Agreement may be executed in counterparts which together shall constitute one Agreement binding on all of the parties hereto notwithstanding that all said parties are not signatory to one original or same counterpart. A facsimile, telecopy or other reproduction of this Agreement may be executed by the parties and shall be considered valid, binding and effective for all purposes- At the request of either party, the parties agree to execute an original of this Agreement as well as any facsimile, telecopy or other reproduction. IN VMNESS WHEREOF, the parties have executed this Agreement effective as of the day and year fast written above. 250 ASPEN 250 ASPEN, LLC, aColoradoi Lyabilitycomppany By: rn Name: William Guth Title' Manager -2- • E Joan Merriam Crete y Qveriap Area Area to be-Cor'suiidated with 250-Aspen Property \Area to be wed \ with Crete Property Exhibit C 5Gf llcj? re, Ar, IV r-Ve o,'jf "Ci /Y L v.,,sej to kc, Py 2o4— -A A '"rd, o-A-4 ^-r$ ay, Xa Ale Afe AAe— 0 is 9 Exhibit D —1 cz 3 1 D N'T''10-N? 1A TR S, t 13DI CIA, V-Plt OF t HE AfERRI-A-M Ti-Li __Cz;-0:frATf A N1 A yl :'7': OF ASPEN SUBDIVISION F OVAL AND ACCEPTANCE ,4--we. a=.-'K AND CERTIFICATE a DEDICATION OF UNDERGROUND UTILITY EASEMENTS Exhibit E Mod for record at 2!45 61elock P. M, Jana2ry 15, 1968 reception No. 129898 Paggy S. Coble, Recorder ORDINANCE- No. 3` i'pliti't (Series of 1967)- AN ORDINANCE PROVIDING FOR T.HB ANNEAATT_ON TO THE CITY OF ASPEN,' COLORA,W OP THAT CERTAIN TERRITORY OR REAL ESTATE.PARTICULARY DESCRIBED.IN THIS ORDINANCE, LYING OUTSIDE OF,BDT ADJACENT TO TUZ • CITY OF ASPEN, COLORADO; WHEEEP.S, a petition fdr annexation was filed with the City '.Clerk of the City of.Aspen on July 17, 1967, requesting the annexation of the territory hereinafter described, which petition meets all the requirements of.Section 6 of -the "Colorado Municipal Annexation Act of 1965', and , WHEREAS the City Council•of the City of Aspen passed and -. adopted a Resolution. on- July ll,. 1967' accepting said petition for annexation., and ordering.the same filed with the'City Clerk of the 'City of Aspen, and WHEREAS, • Notice bf public hearing 'was published- four (4) consecuti-ve time•5. in the Asper -Times, pursuant to said Act, and VhHSREAS, a.petition for an annexation election was filed with the City Elerk of the City of Aspen on the -10t3i day of August 1967, said petition cor?lying with all* the provisions-of.s!id Act, - and 44EREr"S, a 'public hearing was held•befors the City Council of the City of • Aspen on the 21st day of August, 1967, at which hearing , the City Council passed and adopted a Resolution approving said petition for an annexation election and reso_ving that the City of Aspen petition the'District Court in Aspen, Colorado. for an annexation election pursuant to said Act; and, WHEREAS, the annexation election was held on the 5th day of - December, 1967 with Notice of said, election -having been published in accordance with said Act,. and - - WHEREAS, a judge of the Distiict Court, in and for the County of Pitkin, State of Colorado on the 15th day of December, 1967, ordered, adjudged and decreed that the territory hereinafter described may be annexed to the City of Aspen by the City Council of the 'City of Aspen, .and WHEREAS, all requirements of the Municipal Annexation Act of 1965 have been fully complied with in connection with the annexation of .said territory, Now Tn-_-wom, BE IT ORDAINED BY THECITY CITY COUNCIL OF THE- CITY OF ASPEN: Section 1:• That the' ''follcwing described tract of land more particularly described on Exhibit A,which is -attached hereto and made a part hereof, said Tract - of land being situated in the County of Pitkin, State of Colorado; and adjoining and touching the boundary line of the 'City of Aspen and situated that not less than' " nne-sixth of tie agg_-egate.externa: boundaries of said tract of land coincide with existing boundaries of the City of Aspen,'hereby.added to, annexed, taken .into. and made - a -part of- the Cixy of Asper., Colorado.• Section 2. 'That the annexation map and certified copies 'of the original -annexing ordinance be filed with theoffine of the Clerk of the City of Aspen, and with'the office of the Secretary of State and with the Clerk and Recorder of Pitkin County, pursuant tip the ;7equiremnts set forth under Section 12.of said Act. INTRODUCED,- READ AND. ORDERED 'pub lished•as provided by law by'the City Council of Aspen; Colorado at. its: regular meeting' hei_d ; at the .City of -Aspen on the day of, I) 1967. M. MAYOR Er CITY CLERIC FINALLY i�xssed, adopted and approved on the j day of MAYC-R �'ATpES2: �) ..1TTTY CIs R*(:. EXHIBIT A I {� i-ACl4il.i The following is 'a legal, cLes crip tiad of the boundaries of the area to be annexedc_ Beginning at Aspen Townsite Corner No. b thotice South 07°_53'_16" West. 989.2 feet '. . "along the••present City Limits to NAI; thence North 75°-09'=11" West 627.1 feet along the north side-o€ Colorado highway, 82 Right of.Way'line to NA3;.thence North I? ; -34" West 1-807.3 feet -along the .west bo%zdax�y of Castle Creek Subdivision to NA 4; thence North 36°�36'' West IS40,9 feet along'the west'.' boundary. of Snowbunny Subdivision to NA 5; ` thence North 26°-29' East 168.1 feet- along the Rest -boundary of Snowbunny Subdivision to AA 6; thence Forth 14°-00' East 357_0 Beet along the west boundary -of West MeadOW, - Subdivision to NA.7; thence North 00`-04' -Wes t.103.2 feet along the west. boundary of ' Red Butte Subdivision to NA 8; thence North .09°-54' West 195.3 feet along the west boundary of-Re4 Butte_ Subdivision to NA 9; thenca North 16°-22' BAst 99.0 feet along the west boundary, of Red Butte Subdivision to NA 10; thence North 17°-56'-30" East. 149.05 feet along the west bmmdary of iced Butte Subdivision to NA 11; thence North 02°-39' West 60.57 feet along_the west boundary of Red Butts Subdivision to NA 12; thence North 50°-59' West 269.8 feet along the.west boundary of Red Butte Subdi vision to NA 13; thence i.oxth 27°-11' West 13b.$ feet along the west boundary of fed Butte Subdivision to NA 14; thence. North 00°-34' East 306.6 feet along the west boundary of Red Butte Subdivision to NA i5; thence Naxth 07°_20' West .297.3'feet along the west boundary.of Red Butte'Subdivisioa to NA 16; thence North 04°-07'-30" West 303.0 feet along the West boundary of Red.Butte Subdivision to NA 17; tk:ence. North 01°-34'-)0"•West 60.1 feet along the west boundary of Red Butte. Sub- division toINA IS; thence North 147_37' East 20.2 feet along the west boundary. of Red Aucto Subdivision to NA .19 L thence North 34°_33' . East 69.1.jeot•d197Z the west boundary of Red Buttc.Subdivision to NA 26; thence South 61'-08' East 530 feet 41ong the -North r . atal!f.2f •e.: s r Boundary of Red Butte -Subdivision \A 21; thence -South 45°-52' East 144.9 toot along the North Boundary of Red $utte Subdivision to NA• 22'; ttionde South 3l°-12'' East 97.0 feet along +_ha ?north Boundary of_Rtd Butte Subdivision to T'a 23; thence South 13°T12' - East 107•.,0 feet alongrhe North Boundary of , Red Butte Subdivision to hA 24; thence South OV-52' East 148.33 feet along the North Boundary: of Red Butte Subdivision to NA 25; thence South 11°'-23" 'East 160.2 feet 'along rhe- North Boundary of Red- Butte 6ubdivision to�NA 26; thence South 32°-2-0' East. .245.40-feet along the North Boundary of Red Butte Subdivision to NA •27 • thence South .47°-30' East 296.14 feet along Cthe North Boundary of Real Butte .Subdivision to NA 28; thepca South 64°-52' East 165.84 ' #eet•along the North Boundary of Red Butte Subdivision to NA 29;'thence South 82'-03' East 203.77 feet along the center line of the Roaring Fork River to NA 30; thence South 7l°-35' East 145.48.fiat along the centerline'of LZhs Roarirg Fork River to NA 31; thence South 62°-23' East 411.49 feet along the centerline -of the Roaring . Fork River to.NA 32; thence South East 76.1 feet along the ceuterline.of the Roaring Fork.River to.%XA 33; thence South 45°-41' East 79.88 feet along the' centerline of the Roaring Fork River to NA 34;-thence South 37°-28' East 66.23 feet. along the centerline of the Roaring Fork•River NA 35; thence South 08°-37' East 150.33 feet along the centerline of the Roaring Fork River. to NA 36;.thence South 07`-27' West 268.81 feet along the centerline of the Roaring Fork River to NA 37; thence South 50-38' East 166.1 feet along the centerline of the Roaring ' Fork River to NA 38; thence South 63°-34' East 355.2 feet along the centerline of theRoaring Fork River to NA 39; thence South•75°-08' East 293.5 feet along the centerline of the Roaring Fork River to NP. 40; thence South 140:.06' East 276.4 feet along the centerline of the Roaring Fork River to NA 41; thence South 19°-05' West 369.0 feet along the Center- line of -the Roaring Fork River to NA 42; thence South 506-4-4' East 193.3 feet along the centezli..e of the Roaring Fork River to NA 43; thence South 88°-48' East 450.0 feet along the'eanterline of the Roaring Fork River to NA.44;..thence South 60°-56' East 440.5 feet along the centerline of the Roaring Fork River to "1 45; thence South 41°-43' East 390.6 `_eat along the centerline of the Roaring Fork River to IAA 46; thence South 84"-16' East 180.5 feet along t:jc North bgm-dary of. the Second Aspen. .ComP nY.S'abdivision to NA 47; thence North'82°-17' East 532.0'feet along• - the North boundary of the Second Aspen Company. Subdivision to NA 48; thence South 73% 38' East 147.5.feet.along the N, th boundary of ' the Second Aspen Company Subdivision to NA.49; thence South 45°-26' East 320.8 feet along the North'botuidary of the Second Aspen Company . Subdivision to NA.50; thence North 45°-52'-40" Eest•70.23 feet to NA 51; thence South 58°-51' East 28:11 feet to NA 52,'thence South'23'-00' East,65.00 feet td NA 53;'thence South 05°-45' ' East 23-5•.0 feet to NA 54; -thence South 05'-10' West .179.87.feet. to -VA 55;tzhence North,65°-53'-20"• West 2D0.00 feet•to.FA•_56;-thence South 34 -49` - Nest 122,18 feet to NA 57; thence South 470-50' West 64.13 feet to NA 58;-tthence South 41t.-01'- East 92.03 feet to NA 59; thence south'620-48'• West 45.5 feet to NA 60; thence'South 80°-28'• West 152:Q feet to NA 61; thence South 50°=04' West 44.6 feet-to•NA 62; thence South 03°-W mast 101.63 feet to NA 63;-thence .South 07°-45' East 121.86 feet to NA 64;•thence North 89°-52' Vest 49.3 feet to NA 65;.thence South 29°-07' East 114.16 feet to NA 66; then-ce South 37 -06' East 81.60 feet to NA 67; thence South 07°-00' East 40.3 feet to NA 68; thence South 194-08' West 63.5 feet to NA.69; thence South 30°-42' _ West 116.3 feet to NA 10; thence due South ' 128.51 feet to NA 71; thence South 80°-10' West 44,5 feet to N4 71; the -ace South 34°-08'-30" ' East 294.8 feet to NA 73; thence North 58°-584• East 75,1 feet to NA 74; thence South 56°-35' East 59.1 feet to NA•75; thence South 23°-37' ; East 323.1 feet to NA 76'; thence So::t`: 75°-09'-11" East 470.3 feet to PEA 77;• thence North 2°-00' East 369.9 feet along the North boundary of the Lakeview Addition to NA 78; thence North 73°-02' East 366.2 feet along the North boundary of Lakeviev Addition to NA 79; which comer is also Corner No. 5 of the D. & R.G.W. Right of Way; thence due East 255.6-feet to NA 80; •' thence South 58°-05' East.412.5 feet along the certeriine or the Roaring Fork River to NA 81; thence South 03°-05' East 295.2 feet along the centerline of the Roaring•Fork-River to NA 82, thence South 86° 25' East 95.8 feet along South Avenue to NA 83; thence South 68°-24''East 1,02,3 feet along South Avenue to NA 84; thence South 564-24' East 114.1 feet -along South Avenue to NA 85; thence South 45"-39' East 197.3. feet,along South Avenue to NA 86; thence South 75°-09' East 102.7 feet asoag South Avenue to NA 87; thence South 79°-00' East 194,5• feet along Souttf Avenue to NA 88; thence South 600-57' East'297.9 feet along South Avenue to NA 81; thente South 48'-45" East.185.0 feet along. South Avenue to NA 90; thence South 24°-39' East 91.2 fact •along Gibson Avenue to NA 91; thence South 18°-31' past 89:3 feet -along Gibson Avenue ' to'NA 92; thence South 10°-41'_ East 104.3 feet along . Gibson Avenue to-NA193; thane -South i2°-21' 4. . t Last 47.4 feet- along Gibson Avenue to ::h 94; thence South 34'_34' East 51.5.fact along Gibson Avenue to NA 95; thence South 42'.-59' East 186.9 feet along Gibson Avenue to NA 96;-thence South 33°-36' East 73:2.feat along Gibson Avenue to NA'97;.thence South 22°-O'.East, 54.7 feet along . Gibson Avenue to NA 98; thence South 23'-42' i...4^ West 253.9 feet along Veale Avenue. to 19A-99; Thence South 260-02' West 125.9 feet along Neale Avenue to. NA 100; thence South--64._06'West. S1.4 feet along Neale Avenue to NA.101; thence south 440_12' West 108,6 feet along \eale Fvenue to NA 102; thence South O*:_36! West 188.2 feet' along Neale Avenue to N A 103; thence South 58°.08' Wgst-44.3 feet along Neale Avenue to NA 104; Chence South 69'--51.' Last 190.1 feet to NA . 05; thence South 89'-20'-20" West •599.0 fee-t•to East' Asper Towasite Corner Xo. 8; thence North 43"713'_20" ;3est 2650.1 feet to Aspen Townsito-. Corner 23o., 5; ti=ce ":'forth 65%27'_22" West 3175.1 feet to Aspen To:4nsite Corner Xq. 6 'the place of. beginning.. 'Containing 325.97 acres more,or..less. Ll ;A, A • • 't t it t� k t , j j' '.ij• �� ; �f J rn _'� .1 a` .._..� ..._.. _ fitt.+.,_: _ • • .....: � - 1. ` ��d ••l i.- ,' psi _i .�3�`•a ? � {{' ''k ', i �•-. < ' 1. '• t � - C n \ k E 0 0 Exhibit F Joan Merriam Crete 850 Roaring Fork Road Aspen, Colorado 81611 Ms. Sara Nadolny Planning Technician City of Aspen Community Development Department 130 S. Galena Street Aspen, CO 81611 February 19, 2013 Re: Lot Line Adjustment Application and Petition for Disconnection — 250 Willoughby Way Dear Ms. Nadolny, Please accept the enclosed application for a lot line adjustment approval from the City of Aspen for our property at 850 Roaring Fork Road in Aspen. If you have any questions concerning the application, please call Attorney Michael Hoffinan, Esq., Garfield & Hecht, P.C., 601 E. Hyman Avenue, Aspen, CO 81611. You may reach him at (970) 544-3442. Mr. Hoffinan is authorized to submit and process the application to the City of Aspen. Sin ly, n� e / yoan Mer riam Crete e� L i 0 250 Aspen LLC c/o Garfield & Hecht, P.C. 601 E. Hyman Avenue Aspen, Colorado 81611 Ms. Sara Nadolny Planning Technician City of Aspen Community Development Department 130 S. Galena Street Aspen, CO 81611 February 19, 2013 Re: Lot Line Adjustment Application and Petition for Disconnection — 250 Willoughby Way Dear Ms. Nadolny, Please accept the enclosed application for a lot line adjustment and Petition for Disco ection from the City of Aspen for our property at 250 Willoughby Way. If you have any qaestions concerning the application, please call our local representative, Michael Hoffman, Esq., 3arfield & Hecht, P.C., 601 E. Hyman Avenue, Aspen, CO 81611. You may reach him at (9 0) 544- 3442. Mr. Hoffman is also authorized to submit and process the application and Petition to the City of Aspen. Sincerely, 250 ASPEN LLC a Colorado limited liability company By: William G Manager Exhibit G E io PETITION FOR DISCONNECTION 250 Aspen LLC (the "Applicant"), a Colorado limited liability company, as the owner of the following real property located in Pitkin County, Colorado, Block 1, Green Acres Subdivision, according to the Plat thereof recorded September 17, 1963 in Ditch Book 2A At Page 292, under Reception No. 1163228, County Of Pitkin, State Of Colorado, as said parcel has been amended from time to time (and referred to herein as the "Property"), hereby petitions the City of Aspen, pursuant to C.R_S. § 31-12-501, for the disconnection of certain real property from the City, as more particularly described in Exhibit A, which property is referred to herein as the "De -Annexation Parcel." As shown in the proposed lot line adjustment plat submitted with this Petition, said De -Annexation Parcel is within and adjacent to the boundary of the City of Aspen. Further, Applicant respectfully requests that the City Council of the City of Aspen find that the best interests of the City of Aspen will not be prejudiced by disconnection of said De -Annexation Parcel from the City of Aspen, that it approve this request and memorialize its approval by the adoption of an Ordinance consistent with the request made herein and that two (2) certified copies of the Ordinance, along with a map of the area concerned, shall be delivered to the Pitkin County Clerk and Recorder for recording in the real property records of Pitkin County, with instructions to the Clerk to file the second certified copy with the Division of Local Government in the Department of Local Affairs of the State of Colorado, as more particularly described in C.R.S. § 24-32-109. PETITIONER: 250 ASPEN LLC a Colorado limited liability company By. L- William Date Manager Jennifer Phelan From: Jennifer Phelan Sent: Tuesday, March 19, 2013 12:25 PM To: 'mhoffmanl@garfieldhecht.com' Subject: 850 Roaring Fork Drive Hi Mike: Your application looks good overall for the lot line adjustment/disconnection but I did not see proof of ownership of the two lots as required by code. You can get an 0&E report on each property or you can write a letter noting ownership and disclosing an encumbrances , liens etc on the properties. I'll start looking for a date before council. Thanks, Jennifer Jennifer Phelan, AICP Deputy Planning Director Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 970-429-2759 www.aspenpitkin.com Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. u • ONE REPORT To: GARFIELD & HECHT PC Land Tide GUARANTEE COMPANY Attn: E HOFFMAN WWW, CTGC. COM Fax: Address: 250 WILLOUGHBY WAY ASPEN, CO 81611 Date Ordered: 03-20-2013 Order Number 469068 Phone: 970-544-3442 LEGAL DESCRIPTION LOT 3, SUBDIVISION GREEN ACRES 1, COUNTY OF PITKIN, STATE OF COLORADO. OWNERSHIP & ENCUMBRANCES Certification Date: 02-25-2013 OWNERSHIP: 250 ASPEN LLC Doc Type WARRANTY DEED ENCUMBRANCES AND OTHER DOCUMENTS Item Payable To NOTICE OF LIS PEN Cust Ref# By: MARY HANISKO Land Title Property Resource Specialist Email: oe@Itgc.com Phone: 303-850-4190 Fax: 303-393-4827 Form OE.WEB 06/06 Doc Fee Date $600.00 01-20-2012 Amount County: PITKIN Reference# 586067 Date Reference# 01.09-13 595958 This ONE REPORT is based on a limited search of the county real property records and is intended for informational purposes only. The ONE REPORT does not constitute any form of warranty or guarantee of title or title insurance, and should not be used by the recipient of the ONE REPORT as the basis for making any legal, investment or business decisions. The recipient of the ONE REPORT should consult legal, tax and other advisors before making any such decisions. The liability of Land Title Guarantee Company is strictly limited to (1) the recipient of the ONE REPORT, and no other person, and (2) the amount paid for the ONE REPORT. Prepared For: "Ie GARFIELD & HECHT PC GUARANTEE COMPANY E HOFFMAN WWW. LTGCCOM Reference: 250 WILLOUGHBY WAY ASPEN, CO 81611 Attached are the additional documents you requested: Doc Type Recorded MARY HANISKO Land Title Property Resource Specialist Email: mhanisko@Itgc.com Phone: 303-850-4193 Fax: 303-393-4827 ADD.DOCS 469068 Reception#IBookPage • • ONE REPORT To: GARFIELD & HECHT PC Land Title -GUARANTEE COMPANY Attn: E HOFFMAN w Ww. l t a C. C OM Fax: Address: 850 ROARING FORK RD ASPEN, CO 81611 Date Ordered: 03-20-2013 Order Number 469071 Phone: 970-544-3442 LEGAL DESCRIPTION LOT 1, SUBDIVISION MERRIAM, COUNTY OF PITKIN, STATE OF COLORADO. OWNERSHIP & ENCUMBRANCES County: PITKIN Certification Date: 02-25-2013 OWNERSHIP: JOAN MERRIAM CRETE Doc Type Doc Fee Date Reference# WARRANTY DEED $0.00 09-17-2007 542098 ENCUMBRANCES AND OTHER DOCUMENTS Item Payable To Amount Date DEED OF TRUST MERRILL LYNCH CREDIT CORPORATI $1,999,999.00 09-17.07 Cust Ref# By: MARY HANISKO Land Title Property Resource Specialist Email: oe@Itgc.com Phone: 303-850-4190 Fax: 303-393-4827 Form OE.WEB 06/06 Reference# 542100 This ONE REPORT is based on a limited search of the county real property records and is intended for informational purposes only. The ONE REPORT does not constitute any form of warranty or guarantee of title or title insurance, and should not be used by the recipient of the ONE REPORT as the basis for making any legal, investment or business decisions. The recipient of the ONE REPORT should consult legal, tax and other advisors before making any such decisions. The liability of Land Title Guarantee Company is strictly limited to (1) the recipient of the ONE REPORT, and no other person, and (2) the amount paid for the ONE REPORT. Prepared For: Land True GARFIELD & HECHT PC GUARANTEE COMPANY E HOFFMAN www.irCC. COM Reference: 850 ROARING FORK RD ASPEN, CO 81611 Attached are the additional documents you requested: Doc Type Recorded MARY HANISKO Land Title Property Resource Specialist Email: mhanisko@Itgc.com Phone: 303-850-4193 Fax: 303-393-4827 ADD.DOCS 469071 Reception#IBookPage • 273 57- 12 1- 2(,, o00 l PermitS71 • 0 019 • 2013 - A-5 LLl File Edit Record Navigate Form Reports Format Tab Help ix re C A lump c1,,1 lCor Routing Status Fees Fee Summary Main Actions _Attachments Routing History Yaluation Arch Eng Custom Fields Sub Permits Parcels Li Permit type laslu Aspen Land Use Permit = 0019.2013ASLU n ,Address 1250 vILLOUGHBY WAY Apt'Sur�e °o City �ASPEN State C-07 Zip 81611 fl Permit Information x Master permit Routing queue 'as!07 Applied 03.`15'2013 Z Project Status pending j Approved 0 LO Description APPUCATION FOR LOT LIfJEAQ1USTMENT hued (losedFinal Submitted MICHAEL HOFRVN 144 3442 Mck Running Days I 3i Expires G3102014 Ovner Last name GUTH First name '�i9LLVW NOAN 0 4f9LL0UGHBY `iAY Phone 19701544.3442 ASPEN CO 81611 Addres Applicant Z Owner is applicant? [] Contractor is applicant? Last name IGUTH First name !Vill-LIAM NOAH 60 ELLOUGHBY WAY PEN CO 81611 Phone ;970) 544-3442 Cult t 29462 Addres; Lender Last name First name Phone f I Address - AspenGold5 (server angelas - l of l C ORDINANCE NO. Ve� (Series of 2007) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE DISCONNECTION OF CERTAIN TERRITORY FROM THE CITY OF ASPEN, COLORADO, KNOWN AND DESIGNATED AS THE "LITTLE STAR FOUNDATION RANCH DE -ANNEXATION." WHEREAS, on March 7, 2007, the owner of the property proposed to be disconnected from the City of Aspen did file with the City Clerk of the City of Aspen a "Petition for Disconnection by Ordinance" pursuant to Section 31-12-501, C.R.S; and WHEREAS, Section 31-12-501, C.R.S. sets forth the procedure required to disconnect a tract of land within and adjacent to the boundary of a city. WHEREAS, the City Council does hereby find and determine that approval of the Petition for Disconnection of said territory to be in the City's best interest; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That the tract of land described in the Petition for Disconnection, commonly referred to as the "Little Star Foundation Ranch de -annexation", and as legally described below, is hereby disconnected from the City of Aspen, Colorado, in accordance with Section 31-12-501, C. R.S. Lot 5, Stillwater Ranch Subdivision/PUD, according to the Final Plat thereof recorded December 30, 1994, in Plat Book 35 at Page 86 of the real property records of Pitkin County, Colorado. Section 2. The City Clerk of the City of Aspen is hereby directed as follows: (a) To file one (1) certified copy of this ordinance in the office of the City Clerk of the City of Aspen. (b) To certify and file two (2) copies of this ordinance with the Clerk and Recorder of the County of Pitkin, State of Colorado. (c) To request the Clerk and Recorder of Pitkin County to file one certified copy of this ordinance with the Division of Local Government of the Department of Local Affairs, State of Colorado. Section 3. The City Engineer of the City of Aspen is hereby directed to amend the Official Map of the City of Aspen to reflect the boundary changes adopted pursuant to this ordinance. Section 4. The land so disconnected shall not thereby be exempt from the payment of any taxes lawfully assessed against it for the purpose of paying any indebtedness contracted by the City of Aspen while such land was within the limits thereof and which remain unpaid and for the payment of which said land could lawfully be taxed. Section 5. That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 6. That this ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. 2 A public hearing on the ordinance shall be held on the day of , 2007, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the day of , 2007. Helen &aim Kmnaerua, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this day of .2007. Helen Kalm Klanaerua, Mayor ATTEST: Kathryn S. Koch, City Clerk JPW- saved: 3/6/2007-592-G:\john\word\ords\little star disconnect.doc 3