HomeMy WebLinkAboutcoa.lu.ex.655 Meadows Rd.A022-00$- 2 7 3 s12-1-�-001 A022-00
�t ony/Marqusee Subdivision Exempt
5 Meadows Road
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COMMUNITY DEVELOPMENT DEPARTMENT
30 South Galena Street,
Aspen, Colorado 81611
(970) 920-5090
City of Aspen
Land Use:
1041
Deposit
1042
Flat Fee
1043
H PC
1046
Zoning and Sign
Referral Fees:
1 163
City Engineer
1205
Environmental Health
1190
Housing
Building Fees:
1071
Board of Appeals
1072
Building Permit
1073
Electrical Permit
1074
Energy Code Review
1075
Mechanical Permit
1076
Plan Check
1077
Plumbing Permit
1078
Reinspection
Other Fees:
1006
Copy
1302
GIS Maps
1481
Housing Cash in Lieu
1383
Open Space Cash in Lieu
1383
Park Dedication
1468
Parking Cash in Lieu
Performance Deposit
1268
Public Right-of-way
1164
School District Land Ded.
TOTAL
NAME: \ 01—
ADDRESS/PROJECT
PHONE: CHECK# EZ)
CASE/PERMIT#: # OF COPIES:
DATE: ;t t, INITIAL. '
CASE NUMBER
A022-00
PARCEL ID #
2735-121-13007
CASE NAME
Anthony/Marquesee Lot Line Adjustment
PROJECT ADDRESS
655 Meadows Road
PLANNER
James Lindt
CASE TYPE
Subdivision Exemption
OWNERIAPPLICANT
H & C Marqusee
REPRESENTATIVE
Joseph Wells
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
Withdrawn
BOA ACTION
DATE CLOSED
8/3/01
BY
J. Lindt
P H N:J 925-1936
PHN: 925-8080
E STAT: F
, , - -,-" -- - - --_
PARCEL ID: 2735-121-13007 DATE RCVD: 2/25 # COPIES:
CASE NAME: Anthony/Marquesee Lot Line Adjustment ;�J
PROJ ADDR: 655 Meadows Road silk,CASE TYP: Subdivision Exemption
OWN/APP: H & C Marqusee ADp C/O Garfield & Hect 6 CIS/Z: Aspen/CO/81611
REP: Joseph Wells ADR: 602 Midland Park Plac C/S/Z: Aspen/CO/81611
FEES FEES RCV
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REMARK
I' CLOSED:
REF:
r:
MEMORANDUM
To: Joe Wells
From: James Lindt, Planning Technician S�
Date: September 25, 2000
Re: Revised Anthony/ Marqusee Lot Line Adjustment Plat Changes
1. Required Engineering Department changes to Plat. Comments are
attached.
2. Get rid of signature block for City Council and Planning and Zoning
Commission.
3. Take Alley Block 8, and 81h Street off of the Plat and bring plat note 3
together so that it is not all broken up.
4. Plat note 3 should be amended to read as follows: "The City of
Aspen vacated those portions of North and Eighth Streets included
within lot one and lot two, Anthony/Marqusee Lot Line Adjustment
pursuant to Ordinance No. 11, Series of 1993, and Ordinance No. 14,
Series of 1997. The vacated Right-of-way for North Street may not
be used for the sighting of structures pursuant to the Restrictive
Covenants attached to Ordinance No. 11, Series of 1993. The may
not presently be included in lot area calculations for the purposes of
floor area calculations under the provisions of Section 26.575.020 of
said code, provided, however, that such provisions may be amended
in the future. The vacated portions of North and Eighth Streets shall
not be subject to the restrictions and requirements of the Aspen
Meadows S.P.A./ Subdivision.
5. An additional plat note should be added that states, "The portion of
land zoned Academic shall not be used for floor area calculations on a
residential dwellings because a residential dwelling is not a permitted
or conditional use in the Academic Zone District."
MEMORANDUM
To: James Lindt, Planner
From: Ben Ludlow, Project Engineer
Date: April 3, 2000
Re: Anthony Marquesse Lot Line Adjustment
1. Date of survey must be shown to have occurred within the last 12 months. This
information should be in the surveyor's certificate.
2. A Title Policy needs to be included and dated to be within the last 12 months.
3. The Scale needs to be more clearly identified and labeled as so.
4. The lot areas need to be shown in acres within a tolerance of 0.001 acres.
1 /i�i/9 1601 Rec $C 5 •
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Silvia Davis, Y C1erE::� Doc $.Gi? 3oA*1-, —
ORDINANCE NO. 11
(Series of 1993)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
VACATING A PORTION OF NORTH STREET RIGHT-OF-WAY WITHIN THE CITY OF
ASPEN, PITKIN COUNTY, COLORADO, AND RESERVING AN EASEMENT FOR
UTILITIES.
WHEREAS, a petition to vacate certain right-of-ways or portions thereof has been filed
by record owners of all lands which abut the streets or portions thereof petitioned to be vacated;
and
WHEREAS, the right-of-ways or portions thereof petitioned to be vacated are located
entirely within the corporate limits of the City of Aspen; and
. WHEREAS, the vacation petition has been reviewed by the City Engineer and a
determination made that the petition complies in all respects with the City's Public Rights -of -
ways Vacation Policies and the land petitioned to be vacated is eligible for vacation pursuant to
said policies; and
WHEREAS, the proposed vacation will not leave any land adjoining the same without
a means of access over an established public right-of-way connecting such lands to an established
public street; and
WHEREAS, the petitioners have satisfied or performed all conditions and requirements
imposed by the City Engineer in connection with the requested vacation; and
WHEREAS, the City Council has determined that the public use, convenience and
necessity will no longer require the hereinafter described public right-of-ways or portions
thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C Y
OF ASPEN, COLORADO:
i
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Silvia Davis, Pitkin Cnty Clerk:, Doc�.0o PG b27
Section 1.
That the portion of the North Street right-of-way, City of Aspen, Pitkin County,
Colorado, depicted on that map entitled "Map of Proposed Vacation", and annexed hereto and
made a part hereof as Exhibit "A", shall be, and the same hereby is vacated subject to the
reservations set forth below.
Section 2.
That the vacation shall be subject to the petitioners executing a Declaration of Restrictive
Covenants Regarding Vacated Street in substantially the form attached hereto as Exhibit "B",
and a Utility Easement Agreement in substantially the form annexed hereto as Exhibit "C". The
vacation shall be further subject to the recordation of the above referenced Declaration of
Restrictive Covenants Regarding Vacated Street and Utility Easement Agreement with the
County Recorder's Office at the petitioners' expense.
Section 3.
That ownership and title to the lands so vacated shall vest as provided in and by Section 43-2-
302. C.R.S.
Section 4.
That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to
record a copy of this ordinance in the Office of the Pitkin County Clerk and Recorder.
Section 5.
That the City Engineer be and hereby is directed, upon the adoption of this ordinance,
to make all corrections necessary to the Official Map of the City of Aspen.
Section 6.
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
2
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Silvia Davis, Pitkin Cnty Clerk., Doc $.)i)
shall be deemed a separate, distinct and independent provision and shall not affect the validity
of the remaining portions thereof.
Section 7.
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 -,/ -,)—day of
1993, 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 / % n , 1993.
` AlEST: y
Katfity-hA I, , City -Clerk
John S. Bennett, Mayor
3
#358415 O—f / (,93 16: c i 1 Rec $265. 00 Hf`' A PG 629
Silvia Davis, Pitkin Cnty Clerk., Doc $.()()
FINALLY adopted, passed and approved this day of
1993.
00
�n Ka t h R S. och, Cify Clerk
vacation.ord
John 9. Bennett, Mayor
4
13" •
DECLARATION OF
RESTRICTIVE COVENANTS REGARDING VACATED STREET
CL u. THIS DECLARATION OF RESTRICTIVE COVENANTS is made this
day of April, 1993, by CHARLES B. MARQUSEE AND HELGA MARQUSEE,
•+'� ROBERT W. PULLEN AND ANNE W. PULLEN, JOHN NORTON AND ROBIN
~,�► NORTON, I. MCA. CUNNINGHAM AND STIRLING AUCHINCLOSS COLGATE AND
ROSEMARY WILLIAMSON COLGATE, Trustees of the S.A. and R.W.
Im 0 Colgate Trust U/D/T, December 29, 1989 (the "Property Owners").
_ RECITALS•
J7
.O L
cfaa, ,ft -4 Property WHEREAS the Pro ert Owners are all of the owners of the
U lots abutting North Street between 7th Street and 8th Street; and
s WHEREAS, the City Council of the City of Aspen, Colorado, by
U its adoption of Ordinance No. 11 (Series of 1993) has vacated
that portion of North Street shown on the map entitled "Map of
y Proposed Vacation" attached hereto and made a part hereof as
+� Exhibit "A"; and
LL
WHEREAS, as a condition of the adoption of Ordinance No. 11,
N the City Council of the City of Aspen requested that all of the
> Property Owners who shall receive the ownership and title to the
7
land so vacated as provided in and by Section 43-2-302, C.R.S.,
restrict the vacated property (the "Restricted Property") against
the construction or placement of structures, as hereinafter
C0? defined, on the vacated area.
# La NOW, THEREFORE, for and in consideration of the foregoing,
the Property Owners do hereby declare, covenant and restrict the
Restricted Property, as follows:
1. Declaration of Restrictions. No structure shall be
constructed, installed or otherwise placed on the Restricted
Property. The term "structure" shall include a moveable building
which can be used for housing, business, commercial,
agricultural, or office purposes, either temporarily or
permanently, roads, walkways, paths, fences, swimming pools,
tennis courts, signs, sheds, and other accessory construction.
"Structures" do not include fences or walls used as fences less
than four (4) feet in height, underground lines, cables or other
transmission or distribution facilities of public utilities.
2. Enforcement. The Property Owners hereby declare that
any conveyance of the Restrictive Property shall be subject to
the declaration and covenants set forth herein, and any and all
future owners of the Restricted Property shall be bound hereby,
and shall forever faithfully observe and perform the conditions,
restrictions and obligations herein. If any of the Property
Owners or any person or entity claiming under them, shall at any
time violate or attempt to violate, or shall omit to perform or
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Silvia Davi Pitk:in Cnty Clerk, Doc $-0
observe any one of the foregoing restrictions, then the other
Property Owners benefited by these restrictions, or the City of
Aspen, shall be and is hereby entitled to institute and prosecute
appropriate proceedings at law or an equity for the wrong done or
attempted. Such rights and remedies shall expressly include, but
not be limited to, the right to bring an action for the forced
removal of any structure violating the provision of this
Declaration and obtain injunctive relief against the continued
violation of any of the restrictions contained herein, or both.
The failure to enforce any provisions of this Declaration at any
time shall not constitute a waiver of the right thereafter to
enforce any such provision or any other provision of this
Declaration.
3. Attorney's Fees. In the event the interpretation or
enforcement of any of the terms, provisions, rights or
obligations contained in this Declaration become the subject of
litigation between the parties hereto, the prevailing party shall
be entitled to recover its reasonable costs and attorney's fees
incurred in connection with such litigation as a part of the
judgment entered therein.
4. Duration. The Declaration of Restrictive Covenants
contained herein shall run with the land and shall be binding on
all parties having any right, title or interest in the Restricted
Property or any part thereof, and their representatives,
successors and assigns, in perpetuity.
5. Counterparts. This Declaration may be executed in one
instrument, signed by all parties, or in counterparts, in which
case all such counterparts together shall constitute one and the
same instrument and Declaration, binding on all of the parties
thereto, notwithstanding that all of the parties are not
signatory to the original or the same counterpart.
IN WITNESS WHEREOF, the Property Owners have executed this
Declaration of Restrictive Covenants as of the day and year first
written above.
0JC(,,& 6
Charles B. Marqusee
Mi
• �•.. �� . r •, _. e •
HelgaL-Marqus--
OWNERS: Lots A & B, Block 8;
all fractional Townsite Lots
located in Block 7
2
Robert W. Pullen
Anne W. Pullen
OWNERS: Lots C & D, Block 8
#3c841 . CirBf•i:1 RecC65716 RG 658
Silvia Davis, Pitkin Cnty ClerF::, Doc
Robin Norton
OWNERS: Lots E & F, Block 8
Stirling Auchincloss Colgate
as Trustee of the 6.A. and
R.W. Colgate Trust U/D/T,
December 29, 1989
OWNERS: Unit B, LBH Association
Condominiums, located on Lots G,
H & I, Block 8
STATE OF FLORIDA )
ss.
COUNTY OF )
_�. McA. Cunningham
OWNERS: Unit A, LBH
Association Condominiums,
located on Lots G, H & I,
Block 8
Rosemary Williamson Colgate,
as Trustee of the S.A. and
R.W. Colgate Trust U/D/T,
December 29, 1989
This instrument was acknowledged before me this day of
April, 1993, by Charles B. Marqusee and Helga Marqusee.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF )
ss.
COUNTY OF )
This instrument was acknowledged before me this day of
April, 1993 by Robert W. Pullen and Anne W. Pullen.
Witness my hand and official seal.
My commission expires:
Notary Public
3
'5841 '/i?1/93 16:01 Rec $'65.(-)U 716 =G 635
siivia Davis, F•itE:in Cnty Cler•k:, Doi=
John Norton I. McA. Cunningham
Robin Norton
OWNERS: Lots E & F, Block 8
Stirling Auchincloss Colgate
as Trustee of the S.A. and
R.W. Colgate Trust U/D/T,
December 29, 1989
OWNERS: Unit B, LBH Association
Condominiums, located on Lots G,
H & I, Block 8
STATE OF FLORIDA )
ss.
COUNTY OF )
OWNER*: Unit A, LBH
Association Condominiums,
located on Lots G, H & I,
Block 8
Rosemary Williamson Colgate,
as TrustPP of the c _ A
R.W. Colgate Trust U/D/T,
December 29, 1989
This instrument was acknowledged before me this day of
April, 1993, by Charles B. Marqusee and Helga Marqusee.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF )
ss.
COUNTY OF )
This instrument was acknowledged before me this day of
April, 1993 by Robert W. Pullen and Anne W. Pullen.
Witness my hand and official seal.
My commission expires:
Notary Public
3
4358415 1 %' 93 16: 01 R e c $C65. 00 BE : 16 F G 636
lvia Da�l�, Fit4::in Cnty Cler-k:, Doc ?�'
Si
John Norton
Robin Norton
OWNERS: Lots E & F, Block 8
1F F
tirling Auchincl ss Colgate
as Trustee of the S.A. and
R.W. Cc! -ate Truct :.T /n I rn
December 29, 1989
OWNERS: Unit B, LBH Association
Condominiums, located on Lots G,
H & I, Block 8
STATE OF FLORIDA )
ss.
COUNTY OF )
I. McA. Cunningham
OWNERS: Unit A, LBH
Association Condominiums,
located on Lots G, H & I,
Block 8
Rosemary Williamson C61gater7rj_,v
as Trustee of the S.A. and
R. ►� . ColyaLe Trust U j u j'f,
December 29, 1989
This instrument was acknowledged before me this day of
April, 1993, by Charles B. Marqusee and Helga Marqusee.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF )
ss.
COUNTY OF )
This instrument was acknowledged before me this day of
April, 1993 by Robert W. Pullen and Anne W. Pullen.
Witness my hand and official seal.
My commission expires:
Notary Public
3
#3584�ci; /xi is1` °5 16 : r i 1 R e c sD65 , o i
Si `via Davis, Fitk:in
Cnty C1erF-' Bk: 716 rG 637
Doc s. ocj
John Norton
Robin Norton
OWNERS: Lots E & F, Block 8
Stirling Auchincloss Colgate
as Trustee of the S.A. and
R.W. Colgate Trust U/D/T,
December 29, 1989
OWNERS: Unit B, LBH Association
Condominiums, located on Lots G,
H & I, Block 8
STATE OF FLORIDA )
) ss.
COUNTY OF ; r'04
I. McA. Cunningham
OWNERS: Unit A, LBH
Association Condominiums,
located on Lots G, H & I,
Block 8
Rosemary Williamson Colgate,
as Trustee of the S.A. and
R.W. Colgate Trust U/D/T,
December 29, 1989
This instrument was acknowledged before me this /Z/---day of
April, 1993, by Charles B. Marqusee and Helga Marqusee.
Witness my hand and official seal.
ommission expires:
PAUL A. COHEN
Notary Public - State of Florida
My Comm. Expires Nov 18,1994
CommissIon # CC 064475
STATE OF )
ss.
COUNTY OF )
Notary Public
This instrument was acknowledged before me this day of
April, 1993 by Robert W. Pullen and Anne W. Pullen.
Witness my hand and official seal.
My commission expires:
Notary Public
3
16 : �_� 1 Rec
$C65. �� �
716 PG 638
Silvia Davis,
Pitkin Cnty
Clerk,
Doc
John Norton
Robin Norton
OWNERS: Lots E & F, Block 8
Stirling Auchincloss Colgate
Trustee cf the S A and
Cl J 1 1 u ✓ ♦. a.. a.. _ _
R.W. Colgate Trust U/D/T,
December 29, 1989
OWNERS: Unit B, LBH Association
Condominiums, located on Lots G,
H & I, Block 8
STATE OF FLORIDA )
ss.
COUNTY OF )
I. McA. Cunningham
OWNERS: Unit A, LBH
Association Condominiums,
located on Lots G, H & I,
Block 8
Rosemary Williamson Colgate,
as Trustee of the S.A. and
R.W. Colgate Trust U/D/T,
December 29, 1989
This instrument was acknowledged before me this _
April, 1993, by Charles B. Marqusee and Helga Marqusee.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF TE 4.4 S )
ss.
COUNTY OF /J IM- A- L S )
day of
This instrument was acknowledged before me this day of
April, 1993 by Robert W. Pullen and Anne W. Pullen.
Witness my hand and official seal.
My commission expires:
NotaryUPublic
• •
GAYLA F. EVANS
Notary Public, State of Texas 3
My Commission Expires
APRIL 23, 1997
#358415 i � r / 0 3 16: C- )1 Remo $2'65 . )t? 8K 71*'G 639
Silvia Davis, itk:in Cnty C1erF::, Doc.���.
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
6 '--
This instrument was acknowledged before me this -2 / day of
April, 1993, by John Norton and Robin Norton.
Witness my hand and official seal.
My commission expires:
No y Public
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
This instrument was acknowledged before me this day of
April, 1993, by I. McA. Cunningham.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF )
ss.
COUNTY OF )
This instrument was acknowledged before me this day of
April, 1993 by Stirling Auchincloss Colgate and Rosemary
Williamson Colgate as Trustees of the S.A. and R.W. Colgate Trust
U/D/T, December 29, 1989.
Witness my hand and official seal.
My commission expires:
Notary Public
11410. 4
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Silvia Davis, Fitkin Cnty Clerk, Doc: .cliff
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CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY*
PLANNER: Nick Lelack, 920-5095 DATE: 10/29/99
PROJECT: Marqusee Lot Line Adjustment
REPRESENTATIVE: Joe Wells, 544 0992
OWNER: H&C Marqusee
TYPE OF APPLICATION: Administrative review. Subdivision Exemption for lot line
adjustment
DESCRIPTION: The Marqusee's want to give a narrow strip of land dedicated as
open space in the Aspen Meadows subdivision to two contiguous
lots. The lot line adjustment will remain deed restricted open space, and
will not contain development rights or increase the two lots' allowed floor
area.
Land Use Code Section(s):
Section 26.480.030(A)(1), Subdivision Exemptions -- Lot Line Adjustment;
Section 26.480.060, Final Subdivision Plat; and,
Chapter 26.304, Common Development Review Procedures.
Review by: Staff for Completeness, DRC for technical information, Community
Development Director for approval.
Public Hearing: No.
Referral Agencies: Engineering.
Planning Fees: Planning Deposit ($460) --- this covers 2.5 hours of planning staff time:
additional hours, if spent, will be billed at a rate of $185/hour, while if
fewer than 2.5 hours are spent, the remainder of the deposit will be
refunded as prorated ($185/hr).
Referral Fees: Engineering ($160)
Total Deposit: $620 payable to the Aspen Community Development Department.
To apply, submit the following information:
1. Proof of ownership (for both properties)
2. Signed fee agreement
3. 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.
4. Street address and legal description of the parcel on which development is proposed to occur,
consisting of a current certificate from a title insurance company, or attorney licensed to
practice in the State of Colorado, listing the names of all owners of the property, and all
mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and
demonstrating the owner's right to apply for the Development Application.
5. Total deposit for review of the application
6. 3_ Copies of the complete application packet and maps.
HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 2
7. An 8 ``/z" by 11" vicinity map locating the parcel within the City of Aspen.
8. 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.)
9. Draft Plat 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. Contact Engineering Department if more specifics are needed. 9205080.
10. A written description of the proposal and an explanation in written, graphic, or model form
describing how the proposed development complies with each of the review standards
relevant to the development application. Please include existing conditions as well as
proposed. Please refer to the review standards in the application.
11. Copies of all prior approvals relevant to the site(s) of the proposal.
If you should have any questions regarding the foregoing or should need assistance in any way,
please do not hesitate to contact Nick Lelack at 920-5095, or by e-mail at nickl@ci.aspen.co.us.
*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.
0
MEMORANDUM
To: James Lindt, Planner
From: Ben Ludlow, Project Engineer �—
Date: April 3, 2000
Re: Anthony Marquesse Lot Line Adjustment
1. Date of survey must be shown to have occurred within the last 12 months. This
information should be in the surveyor's certificate.
2. A Title Policy needs to be included and dated to be within the last 12 months.
3. The Scale needs to be more clearly identified and labeled as so.
4. The lot areas need to be shown in acres within a tolerance of 0.001 acres.
02/'24/'2000 09: 36 5 1053 PAGE 01 `01
FRJhI : JGILP INC PHONE NO. : 970 915 82750 FEB. 23.2000 11;59AM P 2
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen
Development Application Fees
CITY OF ASPEN (hereinafter CITY) and QUSe_
(hereinafter APPLICANT) AGREE AS FOLLOWS:
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 49 (Series of 1995)
establishes a fee structure for Land use applications and the payment of all processing fees is a condition precedent
to a determination of application completeness.
3. APPLICANT and CITY agree that because of the sizt, ttature or scope of the proposed project, it
is not possible at this time to ascertain the full extent of the costs involved in processing the application.
APPLICANT and CITY Iluzher agree that it is in the interest of tho parties that APPLICANT make payment of an
initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis.
APPLICANT agrees additional costs may seethe following their hearings and/or approvals. APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty
of recovering its Rill costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning
Commission and/or City Council to make legally required findings for project consideration, unless current billings
are paid in full prior to decision_
5. Therefore, APPLICAri7 agrees that in consideration of the CITY's waiver of its right to collect
full fees prior t a determination of application completeness, APPLICANT shall pay an initial deposit in the
amount of $O'vwhich is for _ hours of Community Development staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse
the CITY for tree processing of the application mentioned above, including post approval review. Such periodic
payments shall be made within 30 days of the billing date. APPLICANT further agrcrs that failure to pay such
accrued costa shall be Bounds for suspension of processing, and in no case will building permits be issued until all
costs associated with case processing have been paid.
CITY OF ASPEN
$y:
Julie Ann Woods
Community Development Director
g;lsupporfformsiagrpayss.doe
3r11/99
APPLICANT�
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By;
Date: �2/ 2' 3/d0
Mailing ddre
02-24-09 07:38 TO:COLDWELL BANKER ASPEN FROM:5614821053 P01
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I. INTRODUCTION
This application for administrative review of Subdivision Exemption for a lot line
adjustment is filed on behalf of Charles Marqusee (owner of Lots G & H, Block 1 and
associated vacated rights -of -way), Julie Anthony (owner of Lots A through F, Block 7
and associated vacated rights -of -way) and H & C Marqusee, Inc. (owner of Outlot B,
according to the Aspen Meadows Final S. P. A. Development Plan and Final Subdivision
Plat recorded in Plat Book 28 beginning at page 5). The owners of the three parcels
have authorized this request for approval to merge the western portion of Outlot B
with the land immediately to the south owned by Marqusee and to merge the eastern
portion of Outlot B with the land immediately to the south owned by Anthony. Upon
approval, the three parcels will be combined into two parcels designated as Lot One and
Lot Two of the Anthony/Marqusee Lot Line Adjustment Plat. A draft of the Plat is
being submitted for review with this application.
Outlot B, which is a parcel which was zoned Academic when specific zone district
categories were assigned to parcels within the Aspen Meadows SPA, was transferred to
H & C Marqusee, Inc. as a consideration for the Marqusees' giving land for the right-of-
way to allow the construction of New Meadows Road. The agreement by the
Marqusees to give up land for the new road right-of-way was instrumental in resolving
a development plan for the Aspen Meadows property, in that it provided an alternative
access to the property other than what is now referred to as Old Meadows Road, a
portion of which has since been converted to a public trail. This agreement, in turn,
resulted in the ownership of much of the land at the Meadows being returned from
private hands to several of the important non-profit organizations whose facilities are
at the Aspen Meadows. The transfer of Outlot B to the Marqusees was intended to
provide a buffer of sorts for the Marqusees' parcels along the south side of the new
street.
Once New Meadows Road was completed, the City agreed that certain rights -of -way in
the area were no longer needed and acted to vacate portions of the Eighth Street and
North Street rights -of -way under two separate ordinances. Under the first of these,
Ordinance No. 11, Series of 1993, the City vacated that portion of the North Street right-
of-way lying to the east of the Eighth Street right-of-way and extending to Seventh
Street. Under the second, Ordinance No. 14, Series of 1997, the City approved the
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vacation of the remainder of the Eighth Street and North Street rights -of -way lying to
the east of Old Meadows Road and to the south of Outlot B.
The Marqusees now wish to divide Outlot B along the centerline of vacated Eighth
Street in order to be in a position to give the eastern portion of Outlot B to Julie
Anthony, who previously purchased the residence and the land in Block 7 from the
Marqusees. This will lessen to some degree (by 6.81 feet, to be precise) the non-
conformity as to the front yard setback on the Anthony Parcel which was created when
the City approved the New Meadows Road in its present location. However, the
applicants want to avoid the possibility of an interpretation in the future that as a result
of the merger, the portion of the new lots lying to the south of the Aspen Townsite line
have become subject to the provisions of the Aspen Meadows approval. Therefore
notes clarifying that issue have been added to the draft Plat.
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II. SUBDIVISION (Chapter 26.480).
Chapter 26.480 spells out the City's regulations regarding subdivisions.
A. Exemptions (Sec. 26.480.030).
Sec 26.480.030 identifies those activities which are exempted from the City's
provisions regarding subdivision.
1. GENERAL EXEMPTIONS (Sec. 26.480.030.A).
The general exemptions of Sec. 26.480.030.A include an exemption for lot line
adjustments, as discussed below.
a. Lot Line Adjustment (Sec. 26.480.030.A.1).
The merger of the three lots into two new parcels through a lot line
adjustment procedure is exempted from the provisions of Chapter 26.480,
Subdivision, as a result of the language of Sec. 26.480.030.A.1, which
provides for the adjustment of a lot line between contiguous lots exempt
from the requirements of Subdivision if five conditions are met. Those
conditions and the applicants' responses are as follows:
i. "It is demonstrated that the request is to correct an engineering or
survey error in a recorded plat or is to permit an insubstantial
boundary change between adjacent parcels. ":
The request is to permit an insubstantial boundary change between
adjacent parcels to merge Outlot B of the Aspen Meadows Final
S.P.A./Subdivision, presently owned by H&C Marqusee, Inc. with the
two parcels to the south. The westernmost of these parcels (Lot One,
as proposed) is owned by Charles B. Marqusee, individually and the
easternmost (Lot Two, as proposed) is owned by Julie Anthony.
ii. "All landowners whose lot lines are being adjusted shall provide
written consent to the application. ":
Letters of consent to the application from the owners of the three
parcels are attached as Exhibits Al, A2 and A3.
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W. "It is demonstrated that the request is to address specific
hardship. ":
The application is being filed to address the specific hardship of the
setback non -conformity on proposed Lot Two which exists as a result
of the City's approval of New Meadows Road in close proximity to
what is now the Anthony Parcel. The residence on the Anthony Parcel
is non -conforming with regard to the front -yard setback from the new
Meadows Road right-of-way. The addition of the eastern portion of
Outlot B to the Anthony Parcel will lessen this non -conformity by 6.81
feet.
iv. "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 Pitkin 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. ":
The proposed adjustment will not increase the nonconformity of the
parcels. On the contrary, since the three lots will be merged into two,
one parcel will be eliminated and any nonconformity which presently
exists on the two lots to the south will be lessened. The Plat will be
submitted and recorded in the office of the Pitkin County Clerk and
Recorder immediately after final approval by the Community
Development Director.
v. "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. ":
At the time Outlot B was created through SPA review procedures, the
City approved Academic zoning for the parcel but did not establish any
development rights for the parcel. Any development rights for the
property would therefore have to be established through an SPA
Amendment procedure in the future. No such amendment request is
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anticipated at the present time. The proposed lot line adjustment will
not increase the development rights, including permitted floor area or
the permitted density of the subdivision exemption as a whole, or
create a new lot for resale.
By eliminating one of the three parcels, the development rights within
the Subdivision exemption are logically reduced. A plat note will be
added to the Plat prior to recording indicating that the purpose of the
lot line adjustment is to merge Outlot B with the parcels immmediately
to the south. The note will include an acknowledgement by the
applicants that no additional FAR results from the adjustment.
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B. Application (Sec. 26.480.060).
Although the proposal is exempted from the provisions of Chapter 26.480,
Subdivision, and is not an application which is to be considered by either the
Planning and Zoning Commission or the City Council, it is necessary to address
certain provisions of Sec. 26.480.060 in order to document any administrative
approval which is granted.
1. REVIEW BY THE PLANNING AND ZONING
COMMISSION (SEC. 26.480.060.A):
A development application for subdivision review and approval by the
Planning and Zoning Commission is to include the following information:
a. The general application information as set forth in Sec. 26.304.030,
Application and Fees of the Common Development Review Procedures, as
discussed below:
i. General (Sec. 26.304.030.A):
"The requisite number of copies of the development applications shall
be submitted to the Community Development Director containing all
of the information and materials specified by the applicable Sections
of this Title and such additional information or materials identified
in the pre -application conference. The development application shall
be accompanied by the applicable fee. (See Chapter 2.12 for schedule
of fees.) ":
Three copies of the development application are being submitted to
the Community Development Director containing the relevant
information and materials specified in Sec. 26.480.030, Sec. 26.480.060
and Chapter 26.304 of the Code. No additional information or
materials were identified in the pre -application conference. The
development application is accompanied by a fee of $ 620.00, as
requested by the Community Development Department.
ii. Application (Sec. 26.304.030.B):
"At a minimum, all development applications shall include the
following information and materials. ":
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(a). "Contained within a letter signed by the applicant, the
applicant's name, address and telephone number, and the name,
address, and telephone number of any representative authorized
to act on behalf of the applicant.":
Letters from the owner of each of the three parcels authorizing
Joseph Wells Land Planning to act as representative of the
applicants during the lot line adjustment review are attached as
Exhibits Al, A2 and A3.
(b). "The street address, legal description, and parcel
identification number of the property proposed for development.":
The street address of the Marqusee Parcel (Lot One) will either be
an address in the 800 block of New Meadows Road or the 600
block of Old Meadows Road, depending on which yard is
ultimately designated as the front yard by the Owner. The street
address of the Anthony Parcel is presently listed as 655 (Old)
Meadows Road. Upon approval, the legal description of the two
parcels will become Lot One and Lot Two, Anthony/Marqusee Lot
Line Adjustment Plat. The Marqusee Parcel is incorrectly shown on
the County Assessor's maps as being part of Outlot B (the H & C
Marqusee, Inc. Parcel) so it does not have its own parcel
identification number. The parcel identification number for the
H & C Marqusee, Inc. Parcel is 2735-122-31008 and for the Anthony
Parcel is 2735-121-13007.
(c). "A disclosure of ownership of the parcel proposed for
development, consisting of a current certificate from a Title
insurance company, or attorney licensed to practice in the State of
Colorado, listing the names of all owners of the property, and all
mortgages, judgments, liens, easements, contracts and agreements
affecting the parcel, and demonstrating the owner's right to apply
for the Development Application.":
A letter from Andrew Hecht on behalf of Charles Marqusee
confirming that Charles Marqusee is the record owner of Lots G &
H, Block 1 and associated vacated rights -of -way and that H & C
Marqusee, Inc. is the record owner of Outlot B, according to the
Aspen Meadows Final S. P. A. Development Plan and Final
Subdivision Plat is included as Exhibit B1. The Title Policy issued to
Julie Anthony at the time of her closing on the purchase of Lots A
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through F, Block 7 and associated vacated rights -of -way is included
as Exhibit B2.
(d). "An 8 112 " x 11" vicinity map locating the subject parcel
within the City of Aspen.":
A vicinity map locating the subject parcels within the City of Aspen
is included on the draft Plat.
W. "A site plan depicting the proposed layout and the project's
physical relationship to the land and its surroundings.":
A draft Plat indicating the proposed boundaries of the parcels and
the subdivision exemption's physical relationship to its
surroundings is being submitted with this application.
(f). "A site improvement survey certified by a registered land
surveyor, licensed in the State of Colorado showing the current
status of the parcel including the current topography and
vegetation. (This requirement, or any part thereof, may be waived
by the Community Development Director if the project is
determined not to warrant a survey document.)":
A draft Plat indicating both the current and proposed boundaries of
the parcels involved in the lot line adjustment is being submitted
with this application. A full survey of all improvements on the two
parcels is beyond the scope of this application.
(g). "A written description of the proposal and a written
explanation of how the proposed development complies with the
review standards relevant to the development application.":
A written description of the proposal and explanation of how the
proposed lot line adjustment complies with the relevant review
standards is included in Section I and II of this application.
(h). "Additional materials, documentation, or reports as deemed
necessary by the Community Development Director.":
No additional materials, documentation, or reports other than
those provided in this application have been requested by the
Community Development Director. The applicants have
authorized Joseph Wells Land Planning to provide additional
information if needed to complete the review.
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iii. Consolidation of Applications (Sec. 26.304.030.C):
"If an applicant has requested the consolidation of development
applications, the Community Development Director may waive any
overlapping application submission requirements in the consolidated
development application. (See Section 26.304.060(B), Modification of
Review Procedures.) ":
Consolidation of development applications is not required because no
other review procedures are required at the present time.
iv. Copyrighted materials (Sec. 26.304.030.D).
"The City of Aspen will not accept for development application or
recordation purposes any materials to which copyright applications
have been made unless the applicant shall waive all claims and
indemnify the City. Any person submitting a development
application shall consent that any document submitted to the City of
Aspen as part of a development application may be utilized by the
City in any manner deemed necessary, including recording at the
Pitkin County Clerk and Recorder, to preserve the representations
made during the development review process. ":
The applicants agree that any document submitted to the City of
Aspen as part of this application may be utilized by the City in any
manner deemed necessary, including recording at the Pitkin County
Clerk and Recorder, to preserve the representations made during the
development review process.
b. "One (1) inch equals four hundred (400) feet scale city map showing
the location of the proposed subdivision, all adjacent lands owned by or
under option to the applicant, commonly known landmarks, and the
zone district in which the proposed subdivision and adjacent properties
are located.":
A Vicinity Map showing the location of the proposed lot line adjustment
and commonly known landmarks in the area is included on the draft Plat.
None of the applicants currently own or have under option other lands
which are contiguous to the parcels which they own which are the subject
of this application. The current City Zone District Map identifies the
zoning of the Marqusee Parcel and the Anthony Parcel (both to the south
of the Aspen Townsite line) as R-15. As mentioned previously, Outlot B is
zoned Academic.
c. "A plat which reflects the layout of the lots, blocks and structures in
the proposed subdivision. The plat shall be drawn at a scale of one (1)
inch equals one hundred (100) feet or larger. Architectural scales are not
acceptable. Sheet size shall be twenty-four (24) inches by thirty-six (36)
inches. If it is necessary to place the plat on more than a one (1) sheet, an
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index shall be included on the first sheet. A vicinity map shall also
appear on the first sheet showing the subdivision as it relates to the rest
of the city and the street system in the area of the proposed subdivision.
The contents of the plat shall be of sufficient detail to determine whether
the proposed subdivision will meet the design standards of this Chapter
and this Title, and shall contain the following itemized information:
i. "The name of the proposed subdivision, which shall not be the same
or similar to any name used on a recorded plat in Pitkin County,
Colorado.":
The name of the proposed subdivision exemption is Anthony/
Marqusee Lot Line Adjustment Plat.
ii. "The name, address, and telephone number of the owner/applicant,
designer of the proposed subdivision, and the licensed surveyor.":
The name of the owners / applicants are Charles Marqusee, Charles
Marqusee, President of H & C Marqusee, Inc., Trustee and Julie
Kathleen Anthony. The address and phone number of Mr. Marqusee's
attorney is Garfield & Hecht, P. C., 601 East Hyman Avenue, Aspen,
Colorado 81611, 970.925.1936. Ms Anthony's address and phone
number is 655 Meadows Road, 925.6091. The designer of the proposed
subdivision exemption is Joseph Wells Land Planning. The licensed
surveyor is Alpine Surveys, Inc.
iii. "The location and boundaries of the proposed subdivision.":
The location and boundaries of the proposed subdivision exemption
are shown on the draft Plat.
iv. "A map showing the existing and proposed contours of the land
in the proposed subdivision at two foot intervals, where the slope is
less than ten (10) percent, and five foot intervals where the slope is
ten (10) percent or greater, and the designation of all areas with slope
greater than thirty (30) percent.":
For clarity of the other information shown, existing and proposed
contours of the land in the proposed subdivision exemption are not
shown on the draft Plat. The land throughout the site of the
subdivision exemption is essentially flat and therefore not an issue in
future development on either parcel. Since no development is
anticipated at the present time, information about proposed contours
is not available currently.
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v. "The location and dimensions of all existing streets, alleys,
easements, drainage areas, irrigation ditches, public and private
utilities, and other significant manmade or natural features within
or adjacent to the proposed subdivision.":
The location and dimensions of all existing streets and other significant
manmade features within or adjacent to the proposed subdivision
exemption are indicated on the draft Plat. For clarity of the other
information shown, easements, drainage areas, irrigation ditches,
public and private utilities, and natural features are not shown. No
such features are affected as a result of the lot line adjustment,
however. There are no alleys contiguous to the subdivision
exemption.
vi. "The location and dimensions of all proposed streets, alleys,
easements, drainage improvements, utilities, lot lines, and areas or
structures reserved or dedicated for public or common use in the
proposed subdivision.":
No streets, alleys, easements, drainage improvements, utilities, and
areas or structures reserved or dedicated for public or common use
are proposed as a part of the subdivision exemption. Proposed lot
lines are shown on the draft Plat.
vii. "The location, size, and type of existing vegetation and other
natural landscape features, and the proposed limits of any
excavation or regrading in the proposed subdivision, including the
location of trees with a trunk diameter of six (6) inches or more
measured four and one-half (41/2) feet above the ground, and an
indication of which trees are proposed to be removed. Where large
groves are to remain undisturbed, single trees need not be located.":
For clarity of the other information shown, the location, size and type
of existing vegetation and other natural landscape features, including
the location of trees with a trunk diameter of six (6) inches or more
measured four and one-half (41/2) feet above the ground and an
indication of any trees which are proposed to be removed are not
shown on the draft Plat. No landscaping or other site work has been
planned for and any such future work is unaffected by this application.
Further, the proposed limits of any excavation or regrading in the
proposed subdivision exemption is not known at the present time, but
will be defined at the time of any application for building or other
required permits.
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viii. "The designation of all areas that constitute natural hazard
areas including but not limited to snowslides, avalanche, mudslide,
rockslide and the one -hundred -year floodplain.":
There are no areas within the subdivision exemption which are
believed to be natural hazard areas including but not limited to
snowslides, avalanche, mudslide, rockslide and the one -hundred -year
floodplain of any stream.
ix. "Such additional information on geological or soil stability,
avalanche potential, projected traffic generation, air pollution and
similar matters as may be required by the planning agency or other
reviewing agency.":
Additional information on geological or soil stability, avalanche
potential, projected traffic generation, air pollution and similar matters
are beyond the scope of the application and have not been requested
by the Community Development Department or other reviewing
agency.
x. "Such other information as may be required by the planning
agency or other reviewing agency in order to adequately describe
proposed utility systems, drainage plans, surface improvements, or
other construction projects contemplated within the proposed
subdivision in order to assure that the proposed subdivision is
capable of being constructed without an adverse effect upon the
surrounding area. ":
Additional information to adequately describe proposed utility
systems, drainage plans, surface improvements, or other construction
projects contemplated within the proposed subdivision exemption in
order to assure that the proposed subdivision exemption is capable of
being constructed without an adverse effect upon the surrounding
area has not been requested by the Community Development
Department and is beyond the scope of the application.
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xi. "Site data tabulation listing acreage of land in the proposed
subdivision, number, type and typical size of lots, structures and/or
dwelling units; number of bedrooms per dwelling unit; ground
coverage of proposed structures and improvements including parking
areas, streets, sidewalks and open space, and the amount of open
space that is being provided pursuant to Section 26.480.040(C)(5)(a).":
Site data tabulation:
(a). Total acreage of land:
27,232 Sq. Ft.
(b). Number, type and typical size of lots:
Two single-family lots of 10,390 Sq. Ft. and 16,842 Sq. Ft. each.
(c). Number of structures and/or dwelling units:
One principal residence and permitted accessory
structures / uses.
(d). Number of bedrooms per dwelling unit:
In conformance w Code at building permit issuance.
(e). Ground coverage of proposed structures and improvements:
In conformance w Code at building permit issuance.
(f). Amount of open space that provided pursuant to
Sec. 26.480.040(C)(5)(a) (No such Code provision):
No new public or common open space provided.
xii. "In the case of a division of land into condominium interests,
apartments or other multi family or time-share dwelling units, the
location of all proposed structures, parking areas, structures and/or
areas for common use.":
A division of the land into condominium interests, apartments or other
multi -family or time-share dwelling units is not proposed.
xiii. "Where the proposed subdivision covers only a part of the
applicant's adjacent holdings, a sketch plan for such other lands
shall be submitted, and the proposed streets, utilities, easements, and
other improvements of the tract under review shall be considered
with reference to the proposed development of the adjacent
holdings. ":
The proposed subdivision exemption does not cover only a part of the
applicants' adjacent holdings.
xiv. "Letters from the public or private utility companies that will
service the proposed subdivision with gas, electricity, telephones,
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sanitary sewer, water, and fire protection facilities stating they can
service the proposed subdivision. ":
Letters from the public or private utility companies that will service the
proposed subdivision exemption with gas, electricity, telephones,
sanitary sewer, water, and fire protection facilities are not necessary
because the lots in question are pre-existing. The existing residence on
Lot Two is presently connected to the named utilities.
d. GIS Data.
"All subdivision applications shall submit the requirements specified in
section 26.480.040(C) and section 26.480.040(D) in a digital format
acceptable to the Community Development Department. Base
information shall be obtained from the Community Development
Department. ":
These references to Code provisions ( "the requirements specified in
Sec. 26.480.040(C) and Sec. 26.480.040(D) ") are also in error. If the
Community Development Department can clarify the requirement, the
applicants will provide the information once any changes have been
incorporated on the Plat.
2. REVIEW BY CITY COUNCIL (SEC. 26.480.060.B).
Subsequent to review by the Planning and Zoning Commission and prior to
review of the development application for plat by the City Council, the
applicant is required to submit the following additional application contents
for a subdivision review:
a. "A final plat drawn with permanent ink on reproducible linen or
mylar. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches
with an unencumbered margin of one and one-half (1 1/2) inches on the
left hand side of the sheet and a one-half (1/2) inch margin around the
other three (3) sides of the sheet. It shall include:"
i. "Accurate dimensions for all lines, angles and curves used to
describe boundaries, streets, setbacks, alleys, easements, structures,
areas to be reserved or dedicated for public or common use and other
important features. All curves shall be circular arcs and shall be
defined by the radius, central angle, tangent, arc and chord distances.
All dimensions, both linear and angular, are to be determined by an
accurate control survey in the field which must balance and close
within a limit of one (1) in ten thousand (10,000). ":
Accurate dimensions for all lines, angles and curves used to describe
boundaries and streets are included on the draft Plat. All curves are the
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result of prior subdivisions approved in the area. All dimensions have
been determined by an accurate control survey in the field which
closes within a limit of one (1) in ten thousand (10,000).
ii. "A systematic identification of all lots and blocks and names for
all streets. ":
The two proposed lots and the names of all existing streets in the area
are identified on the draft Plat.
iii. "Names of all adjoining subdivisions with dotted lines of
abutting lots. If adjoining land is unplatted, it shall be shown as
such. ":
The names of adjoining subdivisions have been identifed on the draft
Plat. Most of the surrounding land was subdivided under the original
Aspen Townsite Plan and additions thereto. No adjoining land is
believed to be unplatted.
iv. "An identification of the streets, alleys, parks, and other public
areas or facilities, and a dedication thereof to the public use. An
identification of the easements as dedicated to public use. Areas
reserved for future public acquisition shall also be shown. ":
No streets, alleys, parks, other public areas or facilities, easements for
public use or areas reserved for future public acquisition are proposed
as a result of the lot line adjustment.
v. "A written survey description of the area including the total
acreage to the nearest one -thousandth (0.001) of an acre. ":
A written survey description of the area including the total acreage to
the nearest one -thousandth (0.001) of an acre will be added to the draft
Plat prior to recordation.
vi. "A description of all survey monuments, both found and set,
which mark the boundaries of the subdivision, and description of all
monuments used in conducting the survey. The Colorado Coordinate
System may be used. ":
A description of all survey monuments, both found and set, which
mark the boundaries of the subdivision exemption, and description of
all monuments used in conducting the survey are included on the draft
Plat.
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b. "A statement by the land surveyor explaining how bearings, if used,
were determined. ":
A statement by Alpine Surveys, Inc. explaining how bearings were
determined is included on the draft Plat.
c. "A certificate by the registered land surveyor as to the accuracy of the
survey and plat, and a statement that the survey was performed in
accordance with Colorado Revised Statutes 1973, Title 38, Article 51, as
amended from time to time.":
A certificate for signature by Alpine Surveys, Inc. as to the accuracy of the
survey and plat, and a statement that the survey was performed in
accordance with Colorado Revised Statutes 1973, Title 38, Article 51, as
amended from time to time is included on the draft Plat.
d. "A certificate by a corporate Title insurer, that the person or persons
dedicating to the public the public rights -of -way, areas or facilities as
shown thereon are the owners thereof in fee simple, free and clear of all
liens and encumbrances. ":
A certificate by a corporate Title insurer, certifying that the person or
persons dedicating to the public the public rights -of -way, areas or facilities
as shown thereon are the owners thereof in fee simple, free and clear of
all liens and encumbrances is not required because no dedications to the
public are proposed.
e. "Certificates showing approval of the final plat by the City Engineer,
Community Development Director and the Planning and Zoning
Commission. ":
Certificates showing approval of the draft Plat by the City Engineer and
Community Development Director are included on the draft Plat. A
certificate showing approval of the draft Plat by the Planning and Zoning
Commission is currently shown, but is not required because Planning and
Zoning Commission review is not required. This certificate will be
removed prior to recordation.
f. "A certificate showing approval of the plat and acceptance of
dedications and easements by the City Council, with signature by the
mayor and attestation by the city clerk. ":
A certificate showing approval of the draft Plat by the City Council is
currently shown, but is not required because City Council review is not
required. This certificate will be removed prior to recordation.
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g "A certificate of filing for the Pitkin County Clerk and Recorder.
A Clerk and Recorder's certificate is included on the draft Plat.
h. "Complete engineering plans and specifications for all improvements
to be installed in the proposed subdivision, including but not limited to
water and sewer utilities, streets and related improvements, trails,
bridges and storm drainage improvements. "
No improvements are proposed to be installed as a result of the lot line
adjustment.
i. "A landscape plan showing location, size, and type of proposed
landscape features. ":
No landscaping is proposed to be installed as a result of the lot line
adjustment.
j "Copies of any monument records required of the land surveyor in
accordance with Colorado Revised Statutes 1973, Title 38, Article 53, as
amended from time to time. ":
Copies of any monument records required of Alpine Surveys in
accordance with Colorado Revised Statutes 1973, Title 38, Article 53, as
amended from time to time will be provided upon request.
k. "Any agreements with utility or ditch companies, when applicable.
No agreements with utility or ditch companies are applicable to the lot
line adjustment request.
I. "Any subdivision agreements as required by this Chapter. ":
Since no improvements are proposed as a result of the lot line adjustment
request, entering into a subdivision agreement should not be necessary.
17
• LAND USE APPLICATIO*
PROJECT:
APPLICANT:
Name:: /Q'l Usev �f r U�(fla�
Location: i�� �cS-�►'s� Cif /� �'
(Indicate street address, lot & block number, legal description where appropriate)
Name:
Address: XL
Phone #: —
REPRESENTATIVE:
Name:
Address:
Phone #: 9 7_'�V • 9 ZS- , J'O-O
T.._ _
I T rr- Ur MrrLlt.A I IUN. �piease check an tnat apply):
FA
e_� Co d"1'lGl/
❑
Conditional Use
❑
Conceptual PUD
F1
Conceptual Historic Devt.
❑
Special Review
❑
Final PUD (& PUD Amendment)
❑
Final Historic Development
Design Review Appeal
Conceptual SPA
❑
Minor Historic Devt.
❑
GMQS Allotment
❑
Final SPA (& SPA Amendment)
Historic Demolition
❑
GMQS Exemption
❑
Subdivision
❑
Historic Designation
ESA - 8040 Greenline, Stream
Subdivision Exemption (includes
Small Lodge Conversion/
Margin, Hallam Lake Bluff,
condominiumization)
Expansion
Mountain View Plane
Lot Split
Temporary Use
Other:
❑
Lot Line Adjustment
Text/Map Amendment
CXI5TING L QNDITIONS: (description of existing buildings, uses, previous approvals, etc.)
o
r-KUPOSAL. kaescnption of proposea ouimings. uses, modifications, etc.)
Pam✓ o 3 4r 6 o7 f f l L' --r-V oyi 4_�
Have you attached the following? FEES DUE: S e-o
Pre -Application Conference Summary
Attachment #1, Signed Fee Agreement
Response to Attachment #2, Dimensional Requirements Form
Response to Attachment #3, Minimum Submission Contents
Response to Attachment 44, Specific Submission Contents
Response to Attachment 45, Review Standards for Your Application
n
U
0
Project:
Applicant:
Location.
Zone District:
Lot Size:
f-
ATTACHMENT 2
DIMENSIONAL REQUIREMENTS FORM
-7 d
U C�
T / A iAA ifl n /l,s_�f/
?It U
Lot Areaf4/ 2. 6S-
(c_ (f r the purposes of calculating Floor Area, Lot Area may be reduced for ar
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable:
Number of residential units
Number of bedrooms:
Existing: Proposed.
Existing: Proposed.
Existing:Proposed.
Proposed % of demolition (Historic properties only):
� � 7
DIMENSIONS:
Floor Area: Existing. (/h��flAllowable: S� ;'Proposed: N�
Principal bldg. height: Existing: Gl�%��'1!!�llAllowable: Proposed.-�l/�
Access. bldg. height: Existing: /VAL Allowable: Proposed.- A v' -
On -Site parking: Existing: Required: Proposed:
% Site coverage: Existing:— ,�� Required: km�
Proposed: /V /f-
% Open Space: Existing: 114 Required: 11aProposed:
Front Setback: Existing: �/f�r�yZaY�'h Required- 5� Proposed:
r �
Rear Setback: Existing: Required: 10 J� Proposed: 40j
Combined F/R: Existing: ! , i Required: 1V0 4qm74, Proposed: A/l
Side Setback: Existing: Required: Proposed: *.6-
Side Setback: Existing:_ h Required.- I Proposed: /¢'
Combined Sides: Existing: _Required: Proposed:
Existing non -conformities or en roachments: New - deny -61-e
747�
ariations requested: �/rti ell"
• Exhibit Al. •
H & C Marqusee, Inc., Trustee
c / o Garfield & Hecht, P. C.
601 East Hyman Avenue
Aspen, Colorado 81611
November 20, 1999
Nis. Julie Ann Woods
Director of Community Development,
City of Aspen
130 S. Galena Street
Aspen, CO 81611
Dear Ms. Woods:
I am writing to confirm that H & C Marqusee, Inc., a Colorado corporation, Trustee,
is the record owner of Outlot B, Aspen Meadows S.P.A. / Subdivision. I have
requested that Joseph Wells Land Planning, Inc. file on behalf of the corporation a
Lot Line Adjustment Application to merge the westerly portion of Outlot B, Aspen
Meadows, SY AJ Subdivision with the lots. in Block L City and Tow►nsite of Aspen
which are owned by Charles B. Marqusee and to merge ffie easterly portion of Outlot
B, Aspen Meadows S.P.A. /Subdivision with the lots in Block 7, City and Townsite of
Aspect owned by Julie Anthony, The final configuration of the two lots Is illustrated
on the draft fiat submitted with the Lot Line Adjustment application.
During the processing of this application, Joe Wells will represent H & C Marqusee,
Inc. Please contact Joe at 925-5080 if you have any questions or need additional
information.
Sincerely yours,
V �� G
Charles B. Marqusee, Preside
H & C Marqusee, Inc.,
a Colorado corporation,
Trustee
• Exhibit A2. 0
Charles B. Marqusee
Post Office Drawer X
Boca Raton, Florida 33429
:November 20, 1999
Ms. Julie Ann woods
Director of Communiby Development,
City of Aspect
134 S. Galena Street
Aspen, CO 81611
Dear Ms. Woods:
I am writing to confirm that I am the record owner of fractional Lots G and H,
Block 1, City and Townsite of Aspen together with vacated portions of Eighth Street
and North Street as indicated on the Vacation Plat recorded in Plat Book 43 at Page
18. My letter is to consent to the filing by Joseph Wells Land Planning, Inc. of a Lot
Lane Adjustment Application tQ merge the westerly pQrtiQn of Outlot B,_ Aspect
Meadows S.P,A./Subdivision with the lots in Block 1 which I own. The final
configuration of the two lots is illustrated on the draft Plat submitted with the Lot
Line Adjustment application.
During the processing of this application, Joe Wells will represent me. Please
contact Joe at 925-SM 3f you have any questions or need additional information.
Sincerely yours,
�L
Charles B. Marqusee
• Exhibit A3. 0
Julie Kathleen Anthony
655 Meadows Road
Aspen, Colorado 81611
October 20,1999
Ms. Julie Ann Woods
Director of Community Development,
City of Aspen
130 S. Galena Street
Aspen, CO 81611
Dear Ms. Woods:
I am writing to confirm that I am the record owner of fractional lots A through F,
Block 7, City and Townsite of Aspen together with vacated portions of Eighth Street
and North Street as indicated on the Vacation Plat recorded in Plat Book 43 at Page
18. My letter is to consent to the filing by Joseph Wells Land Planning, Inc. of a Lot
Line Adjustment Application to Merge the easterly portion of Outlot B, Aspen
Meadows S. P.A. 11 Subdivision with the lots in Block 7 which I own. The final
configuration of the two lots is illustrated on the draft Plat submitted with the Lot
Line Adjustment application.
During the processing of this application, I will represent myself. Please contact me
at 925-6091 if you have any questions or need additional information.
Sincerely yours,
Julie Kathleen Anthony
Exhibit B1. •
GARFIELD & B a)�ETP.C.
RONALD GARFIELD' � 601 EAST HYMAN AVENUE
ANDREW V. HECHT' ATTORNEYS AT LAW ASPEN. COLORADO 81611
MICHAEL J. HERRON" TELEPHONE
DAVID L. LENYO E-mail: (970) 925-1936
MATTHEW C. FERGUSON' atty@garfieldhecht.com TELECOPIER
CHRISTOPHER J. LACROIX' ` (970) 925-3008
CHAD J. SCHMIT4 Website:
www.garfieldhecht.com 110 MIDLAND AVENUE
SUITE 201
BASALT, COLORADO 81621
February 23, 2000 TELEPHONE
(970)927-1936
TELECOPIER
(970)927-1783
City of Aspen
Community Development Department
130 South Galena
Aspen, Colorado 81611
Re: Subdivision Exemption for a Lot Line Adiustment
To whom it may concern:
1 am writing this letter regarding the above -referenced application on behalf of Charles
B. Marqusee and H 8z C Marqusee, Inc. (wholly owned by Charles B. Marqusee). As attorney
for Charles B. Marqusee and H 81 C Marqusee, Inc., I am confirming the following
information:
1. Charles B. Marqusee is the owner of Lots G & H, Block 1 Aspen Townsite and
associated vacated rights -of -way vacated under Ordinance 14, Series of 1997;
and
2. H & C Marqusee, Inc. is the owner of Outlot B, according to the Aspen
Meadows Final S.P.A. Development Plan and Final Subdivision Plat recorded in
Plat Book 28 beginning at Page 5.
By:
AVH:cf
M:\cfreeman\Letters\j.wells.marqusee.Itr.wpd
Very truly yours,
GARFIELD 8t HECHT, P.C.
Andrew V. Hecht
I. also admitted to 2. also admitted to 3. also admitted to 4. also admitted to 5. also admitted to
New York Bar District of Columbia Bar Florida Bar Illinois Bar Connecticut Bar ® Printed on recycled paper
Exhibit B2.
ALTA OWNER'S POLICY
SCHEDULE A
Order Number: 00024024
Date of Policy: July 31, 1998 at 4:06 P.M.
Amount of Insurance: $ 1 ,250, 000.00
1. Name of Insured.•
JULIE KATHLEEN ANTHONY
Policy NO.: 0-9701-34870
2. The estate or interest in the land which is covered by this policy is. -
FEE SIMPLE
3. Title to the estate or interest in the land is vested in:
JULIE KATHLEEN ANTHONY
4. The land referred to in this policy is described as follows:
See Attached Legal Description
0 SCHEDULE A •
Order Number: 00024024
LEGAL DESCRIP77ON
Fractional Lots A, B, C, D, E, and F, Block 7,
CITY AND TOWNSITE OF ASPEN,
TOGETHER WITH and adjacent vacated portions of North Street and of Eight
Street, City and Townsite of Aspen, which is marked the Charles Marqusee
Individually Parcel on the Marqusee Vacation Plat recorded July 9, 1997 in
Plat Book 43 at Page 18 as Reception No. 406177.
EXCLUDING THEREFROM all property within Out -lot B Aspen Meadows Specially
Planned/Area Subdivision according to the Aspen Meadows Final S.P.A.
Development Plan and Final Plat recorded January 24, 1992 in Plat Book 28 at
Page 5 as Reception No. 340938.
COUNTY OF PITKIN, STATE OF COLORADO.
0
ALTA OWNER'S POLICY
SCHEDULE B
Order Number: 00024024
Policy No.: 0-9701-34870
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)
which arise by reason of:
1. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
S. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof;
water rights claims or title to water.
6. Taxes and Assessments for the year 1998, not yet due and payable, and
subsequent years and any special assessments not yet certified on the tax rolls
of Pitkin County.
7. Exceptions and reservations as set forth in the Act authorizing the
issuance of the Patent for the City and Townsite of Aspen recorded March 1,
1897 in Book 139 at Page 216 as Reception No. 60156.
8. Terms, conditions, obligations and provisions of Ordinance No. 14 (Series of
1997) An Ordinance of the City Council of the City of Aspen, Colorado,
Vacating a Portion of the North Street Right of way and a Portion of the
Eighth Street Right of way within the City of Aspen, Pitkin County,
Colorado, and Reserving an Easement for Utilities as set forth in
instrument recorded July 8, 1997 as Reception No. 406076.
9. Terms, conditions, obligations, provisions and easements of "Utility
Easement Agreement" and "Snow Storage Easement Agreement" as contained in
Ordinance No. 14 (Series of 1997) as set forth in instrument recorded July 8,
1997 as Reception No. 406076; and as shown on Plat of subject property
recorded July 9, 1997 in Plat Book 43 at Page 18 as Reception No. 406177.
10. Right of way for the use and maintenance of the existing irrigation ditch
along the southwest boundaryline, as shown in survey by Alpine Surveys
dated August 29, 1997, Job No. 92-79.
11. Terms, conditions, obligations, provisions and easements of Ordinance No. 11
(Series of 1993), An Ordinance of the City Council of the City of Aspen,
Colorado, Vacating a Portion of North Street Right of Way within the City of
Aspen, Pitkin County, Colorado, and Reserving and Easement for Utilities as set
forth in instrument recorded July 1, 1993 in Book 716 at Page 626 as Reception
Continued on next page
•
Continuation of Schedule B - ALTA Owner's Policy
Policy Number: 0-9701-34870
No. 358415.
12. Terms, conditions, obligations and provisions of Declaration of Restrictive
Covenants Regarding Vacated Street as set forth in instrument recorded July 1,
1993 in Book 716 at Page 631 as Reception No. 358415.
13. Terms, conditions, obligations, provisions and easement of Utility Easement
Agreement as set forth in instrument recorded July 1, 1993 in Book 716 at Page
643 as Reception No. 358415.
14. Encroachment of Concrete Patio, Stone Retaining Wall and fence as shown on
survey by Alpine Surveys, Inc., by James F. Reser, L.S. 9184.
15. Conditions as set forth in Confirmation of Termination of Easement recorded
July 31, 1998 as Reception No. 420149.
16. Terms, conditions, obligations, easements and restrictions as set forth in
Temporary Easement Agreement recorded July 31, 1998 as Reception No. 420150.
17. Terms, conditions, obligations and restrictions as set forth in Encroachment
License recorded July 31, 1998 as Reception No. 420151.
18. Terms, conditions, obligations and restrictions as set forth in Utility
Easement Agreement recorded July 31, 1998 as Reception No. 420152.
19. A Deed of Trust dated July 31, 1998, executed by Julie Kathleen Anthony, to the
Public Trustee of Pitkin County, to secure an indebtedness of $800,000.00, in
favor of Norwest Mortgage, Inc., recorded July 31, 1998 as Reception No. 420148.
ENDORSEMENT FORM 110.1 (Rev. 5/9*
ENDORSEMENT ATTACHED TO AND MADE A PART
OF POLICY OF TITLE INSURANCE
SERIAL NUMBER O- 9701-34870 ISSUED BY
STEWART TITLE
GUARANTY COMPANY
HEREIN CALLED THE COMPANY
Order No.: 00024024
Said Policy is hereby amended by deleting paragraphs 1 THROUGH 4 , inclusive, of Schedule B.
This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of
any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and
provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any
prior endorsements, nor does it increase the face amount thereof.
Signed under seal for the Company, but this endorsement is to be valid only when it bears an
authorized countersignature.
Countersigned:
L�-
Authorized Countersignature
STEWART TITLE OF ASPEN, INC.
Agent ID #06011A
TEWART TITLE
GUARANTY COMPANY
ANI L-E o
QA .�. .9q
� • LpRPOq' '•tZ�
0 8rf t�?o
•rfXA`'
Serial No. E-9951-40765
AIM&, X. A��
President
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY*
PLANNER: Nick Lelack, 920-5095 DATE: 10/29/99
PROJECT: Marqusee Lot Line Adjustment
REPRESENTATIVE: Joe Wells, 5 ^� 4 0992
OWNER: H&C Marqusee
TYPE OF APPLICATION: Administrative review. Subdivision Exemption for lot line
adjustment
DESCRIPTION: The Marqusee's want to give a narrow strip of land dedicated as
open space in the Aspen Meadows subdivision to two contiguous
lots. The lot line adjustment will remain deed restricted open space, and
will not contain development rights or increase the two lots' allowed floor
area.
Land Use Code Section(s):
Section 26.480.030(A)(1), Subdivision Exemptions -- Lot Line Adjustment;
Section 26.480.060, Final Subdivision Plat; and,
Chapter 26.304, Common Development Review Procedures.
Review by: Staff for Completeness, DRC for technical information, Community
Development Director for approval.
Public Hearing: No.
Referral Agencies: Engineering.
Planning Fees: Planning Deposit ($460) --- this covers 2.5 hours of planning staff time:
additional hours, if spent, will be billed at a rate of $185/hour, while if
fewer than 2.5 hours are spent, the remainder of the deposit will be
refunded as prorated ($185/hr).
Referral Fees: Engineering ($160)
Total Deposit: $620 payable to the Aspen Community Development Department.
To apply, submit the following information:
1. Proof of ownership (for both properties)
2. Signed fee agreement
3. 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.
4. Street address and legal description of the parcel on which development is proposed to occur,
consisting of a current certificate from a title insurance company, or attorney licensed to
practice in the State of Colorado, listing the names of all owners of the property, and all
mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and
demonstrating the owner's right to apply for the Development Application.
5. Total deposit for review of the application
6. 3_ Copies of the complete application packet and maps.
HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 2
7. An 8 ''/s" by I I" vicinity map locating the parcel within the City of Aspen.
8. 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
0
0
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.)
9. Draft Plat 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. Contact Engineering Department if more specifics are needed. 9205080.
10. A written description of the proposal and an explanation in written, graphic, or model form
describing how the proposed development complies with each of the review standards
relevant to the development application. Please include existing conditions as well as
proposed. Please refer to the review standards in the application.
11. Copies of all prior approvals relevant to the site(s) of the proposal.
If you should have any questions regarding the foregoing or should need assistance in any way,
please do not hesitate to contact Nick Lelack at 920-5095, or by e-mail at nickl@ci.aspen.co.us.
*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.
. 02/24/2000 09: 96 5 21053 P4;•1:iE 01 /01
FROM : ,Jl lLP I NC PHONE ND. : 970 925 827* FEB. 23. 2000 11: 59AM P 2
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment doff City or Aspen
Development Application Fees
CITY OF ASPEN (hereinafter CITY) and e'X ' r J /
(hereinafter APPLICANT) AGREE AS FOLLOWS:
PPUCANT has submitted to CITY an�pplicatign for
..
(hereinafter, THE
2. APPLICANT undersiunds and agrees that City of Aspen Ordinance No. 49 (Series of 1998)
establishes a fee structure for Land use applications and the payment of all processing fees is a condition precedent
to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it
is not possible ai this time to ascertain the full extent of the costs involved in processing the application.
APPLICANT and CITY further agree that it is in the interest of the patties that APPLICANT make payment of an
initial deposit and to thtereafw permit additional costs to be billed to APPLICANT on a monthly basis.
AP_LICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are incurred. CITY agrees it w2l be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning
Commission and/or City Council to make legally required findings for project consideration, unless current billings
are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior t a det�rnlination of application completeness. APPLICANT shall pay an initial deposit in the
amount of S� which is for _ hours of Community Development staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CTTY to reimburse
the CITY far the processing of the application mentioned above, including post approval review. Such periodic
payments shall be made within 30 days of the billing date. APPLICANT further agrccs that failure to pay such
accrued coats shall be grounds for suspension of processing, and in no case will building permits be issued until all
costs associated with case processing have been paid.
CITY OF ASPEN
By:
Julie Ann Woods
Community Development Director
g;lsupport\formslagrpayas.doc
3r11 /99
APPLICANT
By:
Date: �1 Z 3 eo
Mailing Adlcire,
10
(111,01 &
02-24-00 07:38 TO:COLDWELL BANKER ASPEN FROM:5614821053 P01
Aaa -c
I. INTRODUCTION
This application for administrative review of Subdivision Exemption for a lot line
adjustment is filed on behalf of Charles Marqusee (owner of Lots G & H, Block 1 and
associated vacated rights -of -way), Julie Anthony (owner of Lots A through F, Block 7
and associated vacated rights -of -way) and H & C Marqusee, Inc. (owner of Outlot B,
according to the Aspen Meadows Final S. P. A. Development Plan and Final Subdivision
Plat recorded in Plat Book 28 beginning at page 5). The owners of the three parcels
have authorized this request for approval to merge the western portion of Outlot B
with the land immediately to the south owned by Marqusee and to merge the eastern
portion of Outlot B with the land immediately to the south owned by Anthony. Upon
approval, the three parcels will be combined into two parcels designated as Lot One and
Lot Two of the Anthony/Marqusee Lot Line Adjustment Plat. A draft of the Plat is
being submitted for review with this application.
Outlot B, which is a parcel which was zoned Academic when specific zone district
categories were assigned to parcels within the Aspen Meadows SPA, was transferred to
H & C Marqusee, Inc. as a consideration for the Marqusees' giving land for the right-of-
way to allow the construction of New Meadows Road. The agreement by the
Marqusees to give up land for the new road right-of-way was instrumental in resolving
a development plan for the Aspen Meadows property, in that it provided an alternative
access to the property other than what is now referred to as Old Meadows Road, a
portion of which has since been converted to a public trail. This agreement, in turn,
resulted in the ownership of much of the land at the Meadows being returned from
private hands to several of the important non-profit organizations whose facilities are
at the Aspen Meadows. The transfer of Outlot B to the Marqusees was intended to
provide a buffer of sorts for the Marqusees' parcels along the south side of the new
street.
Once New Meadows Road was completed, the City agreed that certain rights -of -way in
the area were no longer needed and acted to vacate portions of the Eighth Street and
North Street rights -of -way under two separate ordinances. Under the first of these,
Ordinance No. 11, Series of 1993, the City vacated that portion of the North Street right-
of-way lying to the east of the Eighth Street right-of-way and extending to Seventh
Street. Under the second, Ordinance No. 14, Series of 1997, the City approved the
vacation of the remainder of the Eighth Street and North Street rights -of -way lying to
the east of Old Meadows Road and to the south of Outlot B.
The Marqusees now wish to divide Outlot B along the centerline of vacated Eighth
Street in order to be in a position to give the eastern portion of Outlot B to Julie
Anthony, who previously purchased the residence and the land in Block 7 from the
Marqusees. This will lessen to some degree (by 6.81 feet, to be precise) the non-
conformity as to the front yard setback on the Anthony Parcel which was created when
the City approved the New Meadows Road in its present location. However, the
applicants want to avoid the possibility of an interpretation in the future that as a result
of the merger, the portion of the new lots lying to the south of the Aspen Townsite line
have become subject to the provisions of the Aspen Meadows approval. Therefore
notes clarifying that issue have been added to the draft Plat.
2
II. SUBDIVISION (Chapter 26.480).
Chapter 26.480 spells out the City's regulations regarding subdivisions.
A. Exemptions (Sec. 26.480.030).
Sec 26.480.030 identifies those activities which are exempted from the City's
provisions regarding subdivision.
1. GENERAL EXEMPTIONS (Sec. 26.480.030.A).
The general exemptions of Sec. 26.480.030.A include an exemption for lot line
adjustments, as discussed below.
a. Lot Line Adjustment (Sec. 26.480.030.A.1).
The merger of the three lots into two new parcels through a lot line
adjustment procedure is exempted from the provisions of Chapter 26.480,
Subdivision, as a result of the language of Sec. 26.480.030.A.1, which
provides for the adjustment of a lot line between contiguous lots exempt
from the requirements of Subdivision if five conditions are met. Those
conditions and the applicants' responses are as follows:
i. "It is demonstrated that the request is to correct an engineering or
survey error in a recorded plat or is to permit an insubstantial
boundary change between adjacent parcels. ":
The request is to permit an insubstantial boundary change between
adjacent parcels to merge Outlot B of the Aspen Meadows Final
S.P.A./Subdivision, presently owned by H&C Marqusee, Inc. with the
two parcels to the south. The westernmost of these parcels (Lot One,
as proposed) is owned by Charles B. Marqusee, individually and the
easternmost (Lot Two, as proposed) is owned by Julie Anthony.
ii. "All landowners whose lot lines are being adjusted shall provide
written consent to the application. ":
Letters of consent to the application from the owners of the three
parcels are attached as Exhibits Al, A2 and A3.
9
lop mv�, 0 4
iii. "It is demonstrated that the request is to address specific
hardship. ":
The application is being filed to address the specific hardship of the
setback non -conformity on proposed Lot Two which exists as a result
of the City's approval of New Meadows Road in close proximity to
what is now the Anthony Parcel. The residence on the Anthony Parcel
is non -conforming with regard to the front -yard setback from the new
Meadows Road right-of-way. The addition of the eastern portion of
Outlot B to the Anthony Parcel will lessen this non -conformity by 6.81
feet.
iv. "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 Pitkin 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. ":
The proposed adjustment will not increase the nonconformity of the
parcels. On the contrary, since the three lots will be merged into two,
one parcel will be eliminated and any nonconformity which presently
exists on the two lots to the south will be lessened. The Plat will be
submitted and recorded in the office of the Pitkin County Clerk and
Recorder immediately after final approval by the Community
Development Director.
v. "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. ":
At the time Outlot B was created through SPA review procedures, the
City approved Academic zoning for the parcel but did not establish any
development rights for the parcel. Any development rights for the
property would therefore have to be established through an SPA
Amendment procedure in the future. No such amendment request is
4
anticipated at the present time. The proposed lot line adjustment will
not increase the development rights, including permitted floor area or
the permitted density of the subdivision exemption as a whole, or
create a new lot for resale.
By eliminating one of the three parcels, the development rights within
the Subdivision exemption are logically reduced. A plat note will be
added to the Plat prior to recording indicating that the purpose of the
lot line adjustment is to merge Outlot B with the parcels immmediately
to the south. The note will include an acknowledgement by the
applicants that no additional FAR results from the adjustment.
5
B. Application (Sec. 26.480.060).
Although the proposal is exempted from the provisions of Chapter 26.480,
Subdivision, and is not an application which is to be considered by either the
Planning and Zoning Commission or the City Council, it is necessary to address
certain provisions of Sec. 26.480.060 in order to document any administrative
approval which is granted.
1. REVIEW BY THE PLANNING AND ZONING
COMMISSION (SEC. 26.480.060.A):
A development application for subdivision review and approval by the
Planning and Zoning Commission is to include the following information:
a. The general application information as set forth in Sec. 26.304.030,
Application and Fees of the Common Development Review Procedures, as
discussed below:
i. General (Sec. 26.304.030.A):
"The requisite number of copies of the development applications shall
be submitted to the Community Development Director containing all
of the information and materials specified by the applicable Sections
of this Title and such additional information or materials identified
in the pre -application conference. The development application shall
be accompanied by the applicable fee. (See Chapter 2.12 for schedule
of fees.) ":
Three copies of the development application are being submitted to
the Community Development Director containing the relevant
information and materials specified in Sec. 26.480.030, Sec. 26.480.060
and Chapter 26.304 of the Code. No additional information or
materials were identified in the pre -application conference. The
development application is accompanied by a fee of $ 620.00, as
requested by the Community Development Department.
ii. Application (Sec. 26.304.030.B):
"At a minimum, all development applications shall include the
following information and materials. ":
0
(a). "Contained within a letter signed by the applicant, the
applicant's name, address and telephone number, and the name,
address, and telephone number of any representative authorized
to act on behalf of the applicant.":
Letters from the owner of each of the three parcels authorizing
Joseph Wells Land Planning to act as representative of the
applicants during the lot line adjustment review are attached as
Exhibits Al, A2 and A3.
(b). "The street address, legal description, and parcel
identification number of the property proposed for development.":
The street address of the Marqusee Parcel (Lot One) will either be
an address in the 800 block of New Meadows Road or the 600
block of Old Meadows Road, depending on which yard is
ultimately designated as the front yard by the Owner. The street
address of the Anthony Parcel is presently listed as 655 (Old)
Meadows Road. Upon approval, the legal description of the two
parcels will become Lot One and Lot Two, Anthony/Marqusee Lot
Line Adjustment Plat. The Marqusee Parcel is incorrectly shown on
the County Assessor's maps as being part of Outlot B (the H & C
Marqusee, Inc. Parcel) so it does not have its own parcel
identification number. The parcel identification number for the
H & C Marqusee, Inc. Parcel is 2735-122-31008 and for the Anthony
Parcel is 2735-121-13007.
(c). "A disclosure of ownership of the parcel proposed for
development, consisting of a current certificate from a Title
insurance company, or attorney licensed to practice in the State of
Colorado, listing the names of all owners of the property, and all
mortgages, judgments, liens, easements, contracts and agreements
affecting the parcel, and demonstrating the owner's right to apply
for the Development Application.":
A letter from Andrew Hecht on behalf of Charles Marqusee
confirming that Charles Marqusee is the record owner of Lots G &
H, Block 1 and associated vacated rights -of -way and that H & C
Marqusee, Inc. is the record owner of Outlot B, according to the
Aspen Meadows Final S. P. A. Development Plan and Final
Subdivision Plat is included as Exhibit B1. The Title Policy issued to
Julie Anthony at the time of her closing on the purchase of Lots A
7
through F, Block 7 and associated vacated rights -of -way is included
as Exhibit B2.
(d). "An 8 112 " x 11 " vicinity map locating the subject parcel
within the City of Aspen.":
A vicinity map locating the subject parcels within the City of Aspen
is included on the draft Plat.
W. "A site plan depicting the proposed layout and the project's
physical relationship to the land and its surroundings.":
A draft Plat indicating the proposed boundaries of the parcels and
the subdivision exemption's physical relationship to its
surroundings is being submitted with this application.
(f). "A site improvement survey certified by a registered land
surveyor, licensed in the State of Colorado showing the current
status of the parcel including the current topography and
vegetation. (This requirement, or any part thereof, may be waived
by the Community Development Director if the project is
determined not to warrant a survey document.)":
A draft Plat indicating both the current and proposed boundaries of
the parcels involved in the lot line adjustment is being submitted
with this application. A full survey of all improvements on the two
parcels is beyond the scope of this application.
(g). "A written description of the proposal and a written
explanation of how the proposed development complies with the
review standards relevant to the development application.":
A written description of the proposal and explanation of how the
proposed lot line adjustment complies with the relevant review
standards is included in Section I and II of this application.
(h). "Additional materials, documentation, or reports as deemed
necessary by the Community Development Director.":
No additional materials, documentation, or reports other than
those provided in this application have been requested by the
Community Development Director. The applicants have
authorized Joseph Wells Land Planning to provide additional
information if needed to complete the review.
iii. Consolidation of Applications (Sec. 26.304.030.C):
"If an applicant has requested the consolidation of development
applications, the Community Development Director may waive any
overlapping application submission requirements in the consolidated
development application. (See Section 26.304.060(B), Modification of
Review Procedures.) ":
Consolidation of development applications is not required because no
other review procedures are required at the present time.
iv. Copyrighted materials (Sec. 26.304.030.D).
"The City of Aspen will not accept for development application or
recordation purposes any materials to which copyright applications
have been made unless the applicant shall waive all claims and
indemnify the City. Any person submitting a development
application shall consent that any document submitted to the City of
Aspen as part of a development application may be utilized by the
City in any manner deemed necessary, including recording at the
Pitkin County Clerk and Recorder, to preserve the representations
made during the development review process. ":
The applicants agree that any document submitted to the City of
Aspen as part of this application may be utilized by the City in any
manner deemed necessary, including recording at the Pitkin County
Clerk and Recorder, to preserve the representations made during the
development review process.
b. "One (1) inch equals four hundred (400) feet scale city map showing
the location of the proposed subdivision, all adjacent lands owned by or
under option to the applicant, commonly known landmarks, and the
zone district in which the proposed subdivision and adjacent properties
are located.":
A Vicinity Map showing the location of the proposed lot line adjustment
and commonly known landmarks in the area is included on the draft Plat.
None of the applicants currently own or have under option other lands
which are contiguous to the parcels which they own which are the subject
of this application. The current City Zone District Map identifies the
zoning of the Marqusee Parcel and the Anthony Parcel (both to the south
of the Aspen Townsite line) as R-15. As mentioned previously, Outlot B is
zoned Academic.
c. "A plat which reflects the layout of the lots, blocks and structures in
the proposed subdivision. The plat shall be drawn at a scale of one (1)
inch equals one hundred (100) feet or larger. Architectural scales are not
acceptable. Sheet size shall be twenty-four (24) inches by thirty-six (36)
inches. If it is necessary to place the plat on more than a one (1) sheet, an
9
index shall be included on the first sheet. A vicinity map shall also
appear on the first sheet showing the subdivision as it relates to the rest
of the city and the street system in the area of the proposed subdivision.
The contents of the plat shall be of sufficient detail to determine whether
the proposed subdivision will meet the design standards of this Chapter
and this Title, and shall contain the following itemized information:
i. "The name of the proposed subdivision, which shall not be the same
or similar to any name used on a recorded plat in Pitkin County,
Colorado.":
The name of the proposed subdivision exemption is Anthony/
Marqusee Lot Line Adjustment Plat.
ii. "The name, address, and telephone number of the owner/applicant,
designer of the proposed subdivision, and the licensed surveyor.":
The name of the owners/applicants are Charles Marqusee, Charles
Marqusee, President of H & C Marqusee, Inc., Trustee and Julie
Kathleen Anthony. The address and phone number of Mr. Marqusee's
attorney is Garfield & Hecht, P. C., 601 East Hyman Avenue, Aspen,
Colorado 81611, 970.925.1936. Ms Anthony's address and phone
number is 655 Meadows Road, 925.6091. The designer of the proposed
subdivision exemption is Joseph Wells Land Planning. The licensed
surveyor is Alpine Surveys, Inc.
iii. "The location and boundaries of the proposed subdivision.":
The location and boundaries of the proposed subdivision exemption
are shown on the draft Plat.
iv. "A map showing the existing and proposed contours of the land
in the proposed subdivision at two foot intervals, where the slope is
less than ten (10) percent, and five-foot intervals where the slope is
ten (10) percent or greater, and the designation of all areas with slope
greater than thirty (30) percent.":
For clarity of the other information shown, existing and proposed
contours of the land in the proposed subdivision exemption are not
shown on the draft Plat. The land throughout the site of the
subdivision exemption is essentially flat and therefore not an issue in
future development on either parcel. Since no development is
anticipated at the present time, information about proposed contours
is not available currently.
10
v. "The location and dimensions of all existing streets, alleys,
easements, drainage areas, irrigation ditches, public and private
utilities, and other significant manmade or natural features within
or adjacent to the proposed subdivision.":
The location and dimensions of all existing streets and other significant
manmade features within or adjacent to the proposed subdivision
exemption are indicated on the draft Plat. For clarity of the other
information shown, easements, drainage areas, irrigation ditches,
public and private utilities, and natural features are not shown. No
such features are affected as a result of the lot line adjustment,
however. There are no alleys contiguous to the subdivision
exemption.
vi. "The location and dimensions of all proposed streets, alleys,
easements, drainage improvements, utilities, lot lines, and areas or
structures reserved or dedicated for public or common use in the
proposed subdivision.":
No streets, alleys, easements, drainage improvements, utilities, and
areas or structures reserved or dedicated for public or common use
are proposed as a part of the subdivision exemption. Proposed lot
lines are shown on the draft Plat.
vii. "The location, size, and type of existing vegetation and other
natural landscape features, and the proposed limits of any
excavation or regrading in the proposed subdivision, including the
location of trees with a trunk diameter of six (6) inches or more
measured four and one-half (41/2) feet above the ground, and an
indication of which trees are proposed to be removed. Where large
groves are to remain undisturbed, single trees need not be located.":
For clarity of the other information shown, the location, size and type
of existing vegetation and other natural landscape features, including
the location of trees with a trunk diameter of six (6) inches or more
measured four and one-half (41/2) feet above the ground and an
indication of any trees which are proposed to be removed are not
shown on the draft Plat. No landscaping or other site work has been
planned for and any such future work is unaffected by this application.
Further, the proposed limits of any excavation or regrading in the
proposed subdivision exemption is not known at the present time, but
will be defined at the time of any application for building or other
required permits.
11
viii. "The designation of all areas that constitute natural hazard
areas including but not limited to snowslides, avalanche, mudslide,
rockslide and the one -hundred -year floodplain.":
There are no areas within the subdivision exemption which are
believed to be natural hazard areas including but not limited to
snowslides, avalanche, mudslide, rockslide and the one -hundred -year
floodplain of any stream.
ix. "Such additional information on geological or soil stability,
avalanche potential, projected traffic generation, air pollution and
similar matters as may be required by the planning agency or other
reviewing agency.":
Additional information on geological or soil stability, avalanche
potential, projected traffic generation, air pollution and similar matters
are beyond the scope of the application and have not been requested
by the Community Development Department or other reviewing
agency.
x. "Such other information as may be required by the planning
agency or other reviewing agency in order to adequately describe
proposed utility systems, drainage plans, surface improvements, or
other construction projects contemplated within the proposed
subdivision in order to assure that the proposed subdivision is
capable of being constructed without an adverse effect upon the
surrounding area. ":
Additional information to adequately describe proposed utility
systems, drainage plans, surface improvements, or other construction
projects contemplated within the proposed subdivision exemption in
order to assure that the proposed subdivision exemption is capable of
being constructed without an adverse effect upon the surrounding
area has not been requested by the Community Development
Department and is beyond the scope of the application.
12
xi. "Site data tabulation listing acreage of land in the proposed
subdivision, number, type and typical size of lots, structures and/or
dwelling units; number of bedrooms per dwelling unit; ground
coverage of proposed structures and improvements including parking
areas, streets, sidewalks and open space, and the amount of open
space that is being provided pursuant to Section 26.480.040(C)(5)(a).":
Site data tabulation:
(a). Total acreage of land:
27,232 Sq. Ft.
(b). Number, type and typical size of lots:
Two single-family lots of 10,390 Sq. Ft. and 16,842 Sq. Ft. each.
(c). Number of structures and/or dwelling units:
One principal residence and permitted accessory
structures/uses.
(d). Number of bedrooms per dwelling unit:
In conformance w Code at building permit issuance.
(e). Ground coverage of proposed structures and improvements:
In conformance w Code at building permit issuance.
(f). Amount of open space that provided pursuant to
Sec. 26.480.040(C)(5)(a) (No such Code provision):
No new public or common open space provided.
xii. "In the case of a division of land into condominium interests,
apartments or other multi -family or time-share dwelling units, the
location of all proposed structures, parking areas, structures and/or
areas for common use.":
A division of the land into condominium interests, apartments or other
multi -family or time-share dwelling units is not proposed.
xiii. "Where the proposed subdivision covers only a part of the
applicant's adjacent holdings, a sketch plan for such other lands
shall be submitted, and the proposed streets, utilities, easements, and
other improvements of the tract under review shall be considered
with reference to the proposed development of the adjacent
holdings. ":
The proposed subdivision exemption does not cover only a part of the
applicants' adjacent holdings.
xiv. "Letters from the public or private utility companies that will
service the proposed subdivision with gas, electricity, telephones,
13
sanitary sewer, water, and fire protection facilities stating they can
service the proposed subdivision. ":
Letters from the public or private utility companies that will service the
proposed subdivision exemption with gas, electricity, telephones,
sanitary sewer, water, and fire protection facilities are not necessary
because the lots in question are pre-existing. The existing residence on
Lot Two is presently connected to the named utilities.
d. GIS Data.
"All subdivision applications shall submit the requirements specified in
section 26.480.040(C) and section 26.480.040(D) in a digital format
acceptable to the Community Development Department. Base
information shall be obtained from the Community Development
Department. ":
These references to Code provisions ( "the requirements specified in
Sec. 26.480.040(C) and Sec. 26.480.040(D) ") are also in error. If the
Community Development Department can clarify the requirement, the
applicants will provide the information once any changes have been
incorporated on the Plat.
2. REVIEW BY CITY COUNCIL (SEC. 26.480.060.B).
Subsequent to review by the Planning and Zoning Commission and prior to
review of the development application for plat by the City Council, the
applicant is required to submit the following additional application contents
for a subdivision review:
a. "A final plat drawn with permanent ink on reproducible linen or
mylar. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches
with an unencumbered margin of one and one-half (1 1/2) inches on the
left hand side of the sheet and a one-half (1/2) inch margin around the
other three (3) sides of the sheet. It shall include:"
i. "Accurate dimensions for all lines, angles and curves used to
describe boundaries, streets, setbacks, alleys, easements, structures,
areas to be reserved or dedicated for public or common use and other
important features. All curves shall be circular arcs and shall be
defined by the radius, central angle, tangent, arc and chord distances.
All dimensions, both linear and angular, are to be determined by an
accurate control survey in the field which must balance and close
within a limit of one (1) in ten thousand (10,000). ":
Accurate dimensions for all lines, angles and curves used to describe
boundaries and streets are included on the draft Plat. All curves are the
14
result of prior subdivisions approved in the area. All dimensions have
been determined by an accurate control survey in the field which
closes within a limit of one (1) in ten thousand (10,000).
ii. "A systematic identification of all lots and blocks and names for
all streets. ":
The two proposed lots and the names of all existing streets in the area
are identified on the draft Plat.
iii. "Names of all adjoining subdivisions with dotted lines of
abutting lots. If adjoining land is unplatted, it shall be shown as
such. ":
The names of adjoining subdivisions have been identifed on the draft
Plat. Most of the surrounding land was subdivided under the original
Aspen Townsite Plan and additions thereto. No adjoining land is
believed to be unplatted.
iv. "An identification of the streets, alleys, parks, and other public
areas or facilities, and a dedication thereof to the public use. An
identification of the easements as dedicated to public use. Areas
reserved for future public acquisition shall also be shown. ":
No streets, alleys, parks, other public areas or facilities, easements for
public use or areas reserved for future public acquisition are proposed
as a result of the lot line adjustment.
v. "A written survey description of the area including the total
acreage to the nearest one -thousandth (0.001) of an acre. ":
A written survey description of the area including the total acreage to
the nearest one -thousandth (0.001) of an acre will be added to the draft
Plat prior to recordation.
vi. "A description of all survey monuments, both found and set,
which mark the boundaries of the subdivision, and description of all
monuments used in conducting the survey. The Colorado Coordinate
System may be used. ":
A description of all survey monuments, both found and set, which
mark the boundaries of the subdivision exemption, and description of
all monuments used in conducting the survey are included on the draft
Plat.
15
b. "A statement by the land surveyor explaining how bearings, if used,
were determined. ":
A statement by Alpine Surveys, Inc. explaining how bearings were
determined is included on the draft Plat.
c. "A certificate by the registered land surveyor as to the accuracy of the
survey and plat, and a statement that the survey was performed in
accordance with Colorado Revised Statutes 1973, Title 38, Article 51, as
amended from time to time. ":
A certificate for signature by Alpine Surveys, Inc. as to the accuracy of the
survey and plat, and a statement that the survey was performed in
accordance with Colorado Revised Statutes 1973, Title 38, Article 51, as
amended from time to time is included on the draft Plat.
d. "A certificate by a corporate Title insurer, that the person or persons
dedicating to the public the public rights -of -way, areas or facilities as
shown thereon are the owners thereof in fee simple, free and clear of all
liens and encumbrances. ":
A certificate by a corporate Title insurer, certifying that the person or
persons dedicating to the public the public rights -of -way, areas or facilities
as shown thereon are the owners thereof in fee simple, free and clear of
all liens and encumbrances is not required because no dedications to the
public are proposed.
e. "Certificates showing approval of the final plat by the City Engineer,
Community Development Director and the Planning and Zoning
Commission. ":
Certificates showing approval of the draft Plat by the City Engineer and
Community Development Director are included on the draft Plat. A
certificate showing approval of the draft Plat by the Planning and Zoning
Commission is currently shown, but is not required because Planning and
Zoning Commission review is not required. This certificate will be
removed prior to recordation.
f. "A certificate showing approval of the plat and acceptance of
dedications and easements by the City Council, with signature by the
mayor and attestation by the city clerk. ":
A certificate showing approval of the draft Plat by the City Council is
currently shown, but is not required because City Council review is not
required. This certificate will be removed prior to recordation.
"r-i
g. "A certificate of filing for the Pitkin County Clerk and Recorder.":
A Clerk and Recorder's certificate is included on the draft Plat.
h. "Complete engineering plans and specifications for all improvements
to be installed in the proposed subdivision, including but not limited to
water and sewer utilities, streets and related improvements, trails,
bridges and storm drainage improvements. "
No improvements are proposed to be installed as a result of the lot line
adjustment.
i. "A landscape plan showing location, size, and type of proposed
landscape features. ":
No landscaping is proposed to be installed as a result of the lot line
adjustment.
j. "Copies of any monument records required of the land surveyor in
accordance with Colorado Revised Statutes 1973, Title 38, Article 53, as
amended from time to time. ":
Copies of any monument records required of Alpine Surveys in
accordance with Colorado Revised Statutes 1973, Title 38, Article 53, as
amended from time to time will be provided upon request.
k. "Any agreements with utility or ditch companies, when applicable.
No agreements with utility or ditch companies are applicable to the lot
line adjustment request.
1. "Any subdivision agreements as required by this Chapter.
Since no improvements are proposed as a result of the lot line adjustment
request, entering into a subdivision agreement should not be necessary.
17
PROJECT:
LAND USE APPLICATION
APPLICANT:
Name:
Location: lglo �cS�G� � 5� 6ap%/�9/ 2,14t4f /1'(64 �o19r dz>o
(Indicate street address, lot & block number, legal description where appropriate)
Name: C4,,1" Iy fel�
Address: f�,eG�
Phone #: :;� -�
REPRESENTATIVE:
Name: 41elK
i
Address: �o�%Z /G�%�.-�•�1��`!`� CO/�//
Phone #: % ZS. '-roeo
TYPE OF APPLICATION: (please check all that apply):
Conditional Use
7
Conceptual PUD
❑
Conceptual Historic Devt.
❑
Special Review
❑
Final PUD (& PUD Amendment)
Final Historic Development
❑
Design Review Appeal
Conceptual SPA
Minor Historic Devt.
❑
GMQS Allotment
❑
Final SPA (& SPA Amendment)
Historic Demolition
GMQS Exemption
Subdivision
❑
Historic Designation
ESA - 8040 Greenline, Stream
Subdivision Exemption (includes
0
Small Lodge Conversion/
Margin, Hallam Lake Bluff,
condom iniumization)
Expansion
Mountain View Plane
Lot Split
❑
Temporary Use
❑
Other:
Lot Line Adjustment
❑
Text/Map Amendment
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
PROPOSAL: (description of proposedd buildings, uses, modifications, etc.) e
�✓ o GeC�3 G�c4-
7f
Have you attached the following? FEES DUE: $ C1,26
pro
Pre -Application Conference Summary
Attachment #1, Signed Fee Agreement
Response to Attachment #2, Dimensional Requirements Form
Response to Attachment #3, Minimum Submission Contents
Response to Attachment #4, Specific Submission Contents
Response to Attachment #5, Review Standards for Your Application
Project:
Applicant: G
Location:
Zone District:
Lot Size: f-
ATTACHMENT 2
DIMENSIONAL REQUIREMENTS FORM
91
1¢
?IcJ
Lot Area�'!Y%; �f ��. 2. (0 �3 %
C (fefr the purposes of calculating Floor(rea, Lot Area may be reduced for are
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing: 44� Proposed. --
Number of residential units: Existing: Proposed. c�
Number of bedrooms: Existing.-l/K Proposed: k Cow 7as
Proposed % of demolition (Historic properties only):
>L �
DIMENSIONS:
Floor Area: Existing: (�IGOWAllowable. S� roposed.
Principal bldg. height: Existing: Ol i�a"Allowable: Proposed:
Access. bldg. height: Existing: Allowable. Proposed.• N +
On -Site parking: Existing:_ Required. n Proposed:
% Site coverage: Existing: ` �'� Required.- Proposed.- /�/P'
% Open Space: Existing. /,I Required.. /Ya �'� Proposed.
Front Setback: Existing: 446n, Required.- Proposed. -
Rear Setback: Existing.- �i� Required: A91J 0 5 Proposed:
Combined F/R: Existing: , `� Required:A
f Proposed:
i
Side Setback: Existing: Required. Proposed:
Side Setback: Existing:_ h Required.- Proposed. ,c/¢'
Combined Sides: Existing. !� _Required: lvolql Proposed.
Existing non -conformities or en roachments:
ariations requested:
Exhibit Al.
H & C Marqusee, Inc., Trustee
c / o Garfield & Hecht, P. C.
601 East Hyman Avenue
Aspen, Colorado 81611
November 20, 1999
Ibis. Julie Ann Woods
Director of Community Development,
City of Aspen
130 S. Galena Street
Aspen, CO 81611
Dear Ms. Woods:
I am «-citing to confirm that H & C Marqusee, Inc., a Colorado corporation, Trustee,
is the record owner of Outlot B, Aspen Meadows S.P. A. /Subdivision. I have
requested that Joseph Wells Land Planning, Inc. file on behalf of the corporation a
Lot Line Adjustment Application to merge the westerly portion of Outlot B, Aspen
Meadowa S.P..A J Subdivision with the lots in block_ L City and Tow*nsite of Aspen
which are owned by Charles B. Marqusee and to merge the easterly portion of Outlot
B, Aspen Meadows S.P,A. /Subdivision with the lots in Block 7, City and Townsite of
Aspen ctiwned by;ulie- Anthony. The final configuration of the, two lots Is Wustrated
on the draft Plat submitted with the Lot Line Adjustment application.
During the processing of this application, Joe Wells will represent H & C Marqusee,
Inc. Please contact foe at 925-8080 if you have any questions or need additional
information.
Sincerely yours,
Charles B. Marqusee, Preside
H & C Marqusee, Inc.,
a Colorado corporation,
Trustee
-i.
Exhibit A2.
Charles B. Marqusee
Post Office Drawer X
Boca Raton, Florida 33Q9
November 20, 1999
Ms. Julie Ann Woods
Director of Community Development,
City of Aspen
130 S. Galena Street
Aspen, CO 81611
Dear Ms. Woods:
I am writing to confirm that I am the record owner of fractional Lots G and H,
Block 1, City and Townsite of Aspen together with vacated portions of Eighth Street
and North Street as indicated on the Vacation Plat recorded in Plat Book 43 at Page
1S. My letter is to consent to the filing by Joseph Wells Land Planning, Inc. of a Lot
Line ALd justment Agglicatiern t.Q merge. the westerly pQrtiQn of Outlot B,. Aspen
Meadows S.P.A./Subdivision with the lots in Block 1 which. I own. The final
configuration of the two lots is illustrated on the draft Plat submitted with the Lot
Line Adjustment applicatiern.
During the processing of this application, Joe Wells will represent me. Please
contact Joe at 925-6M if you have any questions or need additional information.
Sincerely yours,
Charles B. Marqusee
v
Exhibit A3.
October 20, 1999
Ms. Julie Ann Woods
Director of Community
City of Aspen
130 S. Galena Street
Aspen, CO 816' 1
Dear Ms. Woods:
Julie Kathleen Anthony
655 Meadows Road
Aspen, Colorado 81611
Development,
I am writing to confirm that I am the record owner of fractional lots A through F,
Block 7, City and Townsite of Aspen together with vacated portions of Eighth Street
and North Street as indicated on the Vacation Plat recorded in Plat Book 43 at Page
18. My letter is to consent to the filing by Joseph Wells Land Planning, Inc. of a Lot
Line Adjustment Application to merge the easterly portion of Outlot B, Aspen
Meadows S.P.A.; Subdivision with the lots in Block 7 which I own. The final
configuration of the two lots is illustrated on the draft Plat submitted with the Lot
Line Adjustment application.
During the processing of this application, I will represent myself. Please contact me
at 92.5-6091 if you have any questions or need additional information.
Sincerely yours,
1-1
_6 Lc,
Julie Kathleen Anthony
Exhibit B1.
GARFIELD & FIEC1 TP.C.
RONALD GARFIELD' � 601 EAST HYMAN AVENUE
ANDREW V. HECHT' ATTORNEYS AT LAW ASPEN, COLORADO 81611
MICHAEL J. HERRON' TELEPHONE
DAVID L. LENYO E-mail: (970) 925-1936
MATTHEW C. FERGUSON' atty@garfieldhecht.com TELECOPIER
CHRISTOPHER J. LACROIX" (970) 925-3008
CHAD J. SCHMIT' Website:
www.garfieldhecht.com 110 MIDLAND AVENUE
SUITE 201
BASALT. COLORADO 81621
February 23, 2000 TELEPHONE
(970)927-1936
TELECOPIER
(970)927-1783
City of Aspen
Community Development Department
130 South Galena
Aspen, Colorado 81611
Re: Subdivision Exemption for a Lot Line Adjustment
To whom it may concern:
I am writing this letter regarding the above -referenced application on behalf of Charles
B. Marqusee and H 8t C Marqusee, Inc. (wholly owned by Charles B. Marqusee). As attorney
for Charles B. Marqusee and H 8t C Marqusee, Inc., 1 am confirming the following
information:
1. Charles B. Marqusee is the owner of Lots G 8L H, Block 1 Aspen Townsite and
associated vacated rights -of -way vacated under Ordinance 14, Series of 1997;
and
2. H & C Marqusee, Inc. is the owner of Outlot B, according to the Aspen
Meadows Final S.P.A. Development Plan and Final Subdivision Plat recorded in
Plat Book 28 beginning at Page 5.
By:
AVH:cf
M:\cfreeman\Letters\j.wells. marqusee.ltr.wpd
Very truly yours,
GARFIELD 8z HECHT, P.C.
Andrew V. Hecht
I. also admitted to 2. also admitted to 3. also admitted to 4. also admitted to 5. also admitted to
New York Bar District of Columbia Bar Florida Bar Illinois Bar Connecticut Bar ® Printed on recycled paper
Exhibit B2.
ALTA OWNER'S POLICY
SCHEDULE A
Order Number: 00024024
Date of Policy: July 31, 1998 at 4:06 P.M.
Amount of Insurance: $ 1 ,250, 000.00
1. Name of Insured:
JULIE KATHLEEN ANTHONY
Policy No.: 0-9701-34870
2. The estate or interest in the land which is covered by this policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is vested in:
JULIE KATHLEEN ANTHONY
4. The land referred to in this policy is described as follows:
See Attached Legal Description
SCHEDULE A
Order Number: 00024024
LEGAL DESCRIP77ON
Fractional Lots A, B, C, D, E, and F, Block 7,
CITY AND TOWNSITE OF ASPEN,
TOGETHER WITH and adjacent vacated portions of North Street and of Eight
Street, City and Townsite of Aspen, which is marked the Charles Marqusee
Individually Parcel on the Marqusee Vacation Plat recorded July 9, 1997 in
Plat Book 43 at Page 18 as Reception No. 406177.
EXCLUDING THEREFROM all property within Out -lot B Aspen Meadows Specially
Planned/Area Subdivision according to the Aspen Meadows Final S.P.A.
Development Plan and Final Plat recorded January 24, 1992 in Plat Book 28 at
Page 5 as Reception No. 340938.
COUNTY OF PITKIN, STATE OF COLORADO.
-1LTA OWNER'S POLICY
SCHEDULE B
Order Number: 00024024
Policy No.: 0-9701-34870
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)
which arise by reason of:
1. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof;
water rights claims or title to water.
6. Taxes and Assessments for the year 1998, not yet due and payable, and
subsequent years and any special assessments not yet certified on the tax rolls
of Pitkin County.
7. Exceptions and reservations as set forth in the Act authorizing the
issuance of the Patent for the City and Townsite of Aspen recorded March 1,
1897 in Book 139 at Page 216 as Reception No. 60156.
8. Terms, conditions, obligations and provisions of Ordinance No. 14 (Series of
1997) An Ordinance of the City Council of the City of Aspen, Colorado,
Vacating a Portion of the North Street Right of way and a Portion of the
Eighth Street Right of way within the City of Aspen, Pitkin County,
Colorado, and Reserving an Easement for Utilities as set forth in
instrument recorded July 8, 1997 as Reception No. 406076.
9. Terms, conditions, obligations, provisions and easements of "Utility
Easement Agreement" and "Snow Storage Easement Agreement" as contained in
Ordinance No. 14 (Series of 1997) as set forth in instrument recorded July 8,
1997 as Reception No. 406076; and as shown on Plat of subject property
recorded July 9, 1997 in Plat Book 43 at Page 18 as Reception No. 406177.
10. Right of way for the use and maintenance of the existing irrigation ditch
along the southwest boundaryline, as shown in survey by Alpine Surveys
dated August 29, 1997, Job No. 92-79.
11. Terms, conditions, obligations, provisions and easements of Ordinance No. 11
(Series of 1993), An Ordinance of the City Council of the City of Aspen,
Colorado, Vacating a Portion of North Street Right of Way within the City of
Aspen, Pitkin County, Colorado, and Reserving and Easement for Utilities as set
forth in instrument recorded July 1, 1993 in Book 716 at Page 626 as Reception
Continued on next page
Continuation of Schedule B - ALTA Owner's Policy
Policy Number: 0-9701-34870
No. 358415.
12. Terms, conditions, obligations and provisions of Declaration of Restrictive
Covenants Regarding Vacated Street as set forth in instrument recorded July 1,
1993 in Book 716 at Page 631 as Reception No. 358415.
13. Terms, conditions, obligations, provisions and easement of Utility Easement
Agreement as set forth in instrument recorded July 1, 1993 in Book 716 at Page
643 as Reception No. 358415.
14. Encroachment of Concrete Patio, Stone Retaining Wall and fence as shown on
survey by Alpine Surveys, Inc., by James F. Reser, L.S. 9184.
15. Conditions as set forth in Confirmation of Termination of Easement recorded
July 31, 1998 as Reception No. 420149.
16. Terms, conditions, obligations, easements and restrictions as set forth in
Temporary Easement Agreement recorded July 31, 1998 as Reception No. 420150.
17. Terms, conditions, obligations and restrictions as set forth in Encroachment
License recorded July 31, 1998 as Reception No. 420151.
18. Terms, conditions, obligations and restrictions as set forth in Utility
Easement Agreement recorded July 31, 1998 as Reception No. 420152.
19. A Deed of Trust dated July 31, 1998, executed by Julie Kathleen Anthony, to the
Public Trustee of Pitkin County, to secure an indebtedness of $800,000.00, in
favor of Norwest Mortgage, Inc., recorded July 31, 1998 as Reception No. 420148.
ENDORSaMENT FORM 110.1 (Rev. 5/95)
ENDORSEMENT ATTACHED TO AND MADE A PART
OF POLICY OF TITLE INSURANCE
SERIAL NUMBER O- 9701-34870 ISSUED BY
STEWART TITLE
GUARANTY COMPANY
HEREIN CALLED THE COMPANY
Order No.: 00024024
Said Policy is hereby amended by deleting paragraphs 1 THROUGH 4 , inclusive, of Schedule B.
This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of
any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and
provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any
prior endorsements, nor does it increase the face amount thereof.
Signed under seal for the Company, but this endorsement is to be valid only when it bears an
authorized countersignature.
Countersigned:
Authorized Countersignature
STEWART TITLE OF ASPEN, INC.
Agent ID #06011 A
rEWART TITLE
GUARANTY COMPANY V11'44AA,
Y.
President
101-
r:L�RPOq�l•9y�
N'•� 1 9 0 8 ' ^
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s
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Serial No. E- 9951-40765
ANTI
1
\ COMMUMTY DEVELOPMENT APPROVAL
TH15 Ai IT HONY/M G SEE LOT LINF ADUU`jTMF�f� IILAT WA5
f2EVIEWFJTANDAPPfz > D P-YTI�EDIfzEGTZ OFT" EDEPAf-7VEI`i'
OF COMMUNITY 0E-VFI-0PlvlF�}-Ar OF THE OTYOF A5r'ER N, COLO
�E Tl-I15--------- DAY OF
N-------------- �fJ z
f
FV
NORTH
O�vNERs CEPTIF=ICATE
I.j()T 1-jlNl�-j AI)eTIJkSTill]�-jNT
CITY ENGINEER APPROVAL CITY COUNCIL APPROVAL
srr► • • • - - •�
�r
---------------------------------------- --
DEPAf- "ENT ----------------- ----
DIt2.�%I�Jfz, CITY FJNGINE.EiZ -----
OF COMMUNITY DEVELOfIMENT
PLQ(�p
�HNG
AND ZON�NG COMKSS�ON APPROVAL
�� l Nl5 ANTIJONY/MA�QI�JEE LOT lJNF- ADJI.K:�)TME.i-IT FLAT
REVI EWER COY THE G TY OF fASP N
RTrE�r-
----------------------------------- ------
C,ITY CLEfZ- G
�00 <'�NING COMMI�UION AT IT--) �EGUf �12L��1-IEDULEn SUG VEYOWS C�C�I�THC ATE
f iEETING OiJ---------------------------- ANI� APFhC�/ED ICY --
�� NDITI�OI�IS TAI� TF � f�E1N. �U>'ZJEGTTOTNF I, �JAMES F. izESE+z HE1 13Y C �IFYTHATTH-] ANTI-K�NY/
MAi�OUSEE LOT L11� E ARJLtTMENT I'LAT WA5 PtzEPAteI r
MY AND I5 C3PF--ED ON ACIUA
FIB
��L� s �q------------------------------------- V" ITHIN�A, L MIST OF 1 :10, MG AD VVEF P°EJ-,FUr,Mr-f)
�3 ® Gl fA}{�MA7I f J fCORDE WITH COLON f�EV1�ED �TATCITES 1173,
��<OT WS TTL� 3D AteIICLE 51 A5 J�MENDED) izOM7METOTINIE
NAC�� �S' (�� 0 0�O �tJD WI�} ITHE ASPEN! VIUNICI A-CL7DE 21.4bO.CxiO.
��
��S��ti��s3 , ��1�gDDOp,�,, n / �LPII�IEVE INc. �Y--------------------------
�' `LS D P V V S �T O �"!
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------------ L.�✓. `ll�
ATE ---------- -
rcT10�� 'moo �b C � 4gs� oNsr� DPI T -0.
�ai'�---_ /�/ o�F,z.,B� M FEND � G�CC�Of�D�f�C� C'C��OG�C Q�[
C 5�� NQr E Z 3 i - -3a _ �'bNUME
J ITS TNI� ANlI k��I r/M�RQC EE IS7T LIN1' AOJl1 TMENi FAT
O C� I - nOry 35 ACC f'T> D fOf�FIL1NG It�l THE OFFICE CCF 77 IE PITKJN
0 - O-A cLE � �Ecr�DE+z 7 � I�---------- - DAYOF
lo.rLAT r�cz�K--------- AT PfiGF
Fr(9�%3�� o
LOT 'i ONE- 8 LOT ; TWO - -
o -iOTA- L�-1 10 310 �; �2e3' �_s �2. FT TO-FAL_, Imo, ��2 . FT 9 0, 9- _ 2
O I d, �e� ,� �„ o �p •� �� W
1, t=GTION? L LOTS /�_ F -C7LCX K 7 5Co3 L1 5Q. 3=T iS�E NCJf E 2 _
/�2T90
Pt�VI0LyJLY V C-ATED
Z R--)-TION5 OF FJC-I-ITI-I 5T. FOKTON5 OF VyGH -HI -5TizEI=T-
?ND f IC TH �T iZIC�I fi5 AND NOf<TH ( �KEET IZIC I15 r _
O 1 o OF, WAY 4,+ 15 -:,Q. ET. Of a �
o ( SEE ifc>rE, 31 (5EF NOT �3 5Q. FT.
2 /I 80 6 9 20.14 �
/V750o7'///W N °39'0(0
KNOW ALL- MEN Dy TI-IFSE Ptz�ENTS THAT
CI--IA�LE� Cam. 1�f�CJSEE, DEIN6 THE OvVNEfZ
OF Ff"<*GT10f�L LOTS (> AND +ay DLCx+G 7, CIT -
AND TOVyN5ITE OF ASPEN COLp� TXX�ETJ--IEf2
WITH TI--IEAI�I�ENT�Aca'TED �n6t� OF
N- f TH DTKEP-T AND EIGHTH ST L THAT H � C
MAIZCL E INC. A COLOfF-AP0 �i ION
( CNAfe LES �C�. M�. Lr2 E:E TtzcnT� E L'�EI NG T� I E
NEfz of CUTLOT b OF IE P�PEN 1ilE lZ7W5
FINAL S.F.A. DEVELOPMENT f LAN AND FIN L
SUf3DlV15ION PLAT fly KECf3P�pEp IN PLAT G'Ct 7K 05 AT
f'^OE Co ET �f-Q• • ,a,ND THATQL)LJE �THLEEN
ANTI -a \f— t�E1 /THE OWNEiz OF FK�-CT70NAL LOTS A D
G D E Af-b F bLOX:,K 7, CITY AND TOwH51TE OF A�EN
F—THEfz WITH THE AC)UACENT VACATED POfZTnGW, OF''
NOf�i H ST ET AND F 64HTH STizEET• HE EUY ACC'RE
TO T�H� LAYII-K C Lr AHEI ) pL4(T1j � THF Q�vE
DE IIFI� PROPERTY Lt- IDEf2THE 1,IAMi .AND �TYLF_ OF
LOTS ONE ANDS OFANTHOIyY/MA1�EE LOT -LINE
A.1-JC�TNIENT P'L.AT• HF�2EPi ACC- E TO THE MEfzGEiz OF
SAID OUT-LQT 13 WI-TH ,4ND INTO SAIO LOTS ONE ANpI�j
A'� DEPICTED ON TH15 PLAT.
THE OWNERS HE�EI3YY F(JtZTHEfZ A>`-EE TO THE PieOV15lON5
SET FOKTIH IN TM- IE NOTES ON TH 15 PLAT AND TO THE
D ✓ OF APF1z0✓AL 5Y THE CITY OF 45FEN
------------------------------------ -
U--IAizL�S
-------------------------------------
CHA1�E� D I'-' � USEE Ti . TEE -
OF H N C M�15FE l I N�. A
COLCAE 1� CC?i`I _n0"-
- - - --- -------------------
�uuE �THLE�I ANYI=+oI�Y-
NOTICE According to Colorado law you must commence any legal action based
ipon any defect in this survey within three years after you first discover such defect.
o no event may anv action based upon anv dct— in t— <— —, i— ...................
5TArF. OF --------------------) 5J.
4--�(JNTY OF------------------�
THE. FC-)?-1FGCIW- INS-WUMENT WA'�2AU<NOWLEI:�GED ff)EFOI`�,ff ME THIS ------------ PAY OF
-----------____-- 2COD L3Y CHAT--LES P5, MAfZa-r�:?EE.
MY CommE-�lON rf) IF -'ES ----____-- _ - - --- -
WITNEJ� MY HAND AND OFFICIAL SQL.
------------------------------------------ --
NOTAf`z 'f FlJnUG -
ST'A.TE OF
OF----------,�
THE IN VENT WA5 AC<NIOA/LFIXED 5EFOiz-,E METH15_______--
DAY OF-------- 2� 13Y C_��AfzL L'. "-N �Lr. EE A5 TtzI�I�E OF
I -I � C MAI'QUSEE, iNC.
\ f �VITUNJE�I M�IO rDCPI AID O FICIAL 5�Al _---------
----------------------- ------
1�.K7TAtz.Y PUJ3LIG
<5TATE OF COLCJ�fw 55
C NTY torPITIGIt'j
THE Fot�Ec�-SING II�I�TieUM�rIT wfF-�) AC<NoWLEGcEr�) 5EFor�zE
METNI"D------- PAY OF______________-- 2COD 15Y i JULIE KATNLFEfJ
MCOMMI�IONN -
WYITt &" MY HAANO OFFICIAL SAL-
.------------
NOT�Y P�DIJC
l
Alpine Survevs_ Inc
TES
NO
- -------------------------------------
t�7TA� Puf3uc
OUFL.UTT 13, AS[ -EN MEAPOW`� SPA [3pIVISIC I
I5 HERff13Y ME1eGED VITH LC7TONI=ANP LOTTWO ANTHCNY/
Nl' 1' U5EE LOT LJNE AI�JUSTMEt-f7At) INDICATED 6N TN15
F-L.?,T. THE LAND \MTHIIN CUTLOT n ASPEN MEAD /5/�A
SUdDIV1510N I2 AhID 51 AL -I_ TU THE
Pf�v151oN5 OF THE ASPEN VEAL —dam FINAL S.F. A.
OF-VF- LfiWEt-J f PLAN AND FI NAL SJDDI VI51cX-1 PLAT A5
RECUIzDED IN FLAT- 13CX71G 2v AT F/A&E Co E-T SEGZ_ OFTHE
1-ECC7R1D5 OF THE PI T 4<IN STY ANDDEi�
AND THE PF OVI51C714�5 OF THE DEVFLOFWIENT AND
SJt�DIV1510N .°C�EEMI=NT FC71zT1---IE f)1`5- LY PLANNED
f.izEA A5 1�>=CORDED IN C 7K Cdo7 AT PAGE 731 �T SEA
H.
OF TE f!F- el�j OF THE PI TKIN CDUNTY KKUfzDF- .
ONLY THE FfeACT1ONAL LOTS OF DLCC;K- 1 14 t 51-0,K 7 WHICH
ARE, If-ICLUDED WITI-IIN 1-07ONE ANID LOT TVO ANTI--bNY/
MA:IiqQUSEE LDT UNE ALUUSTVIENT fv y 1'fzE6 ENTLY 13E
INCLUDED IN FLGOf', fN;-' EA f;AT10 CALCULATIONS UN[)EP THE
PI�JVISIOIJS OF 5FGT10N 2Cv. 575. 020 OF THE ASPEN
LAND'U5C CODE F IFDODED HOWEVEfz J
THAT UU-�
FKCVI510N5 MAY- 15E AMENZED IN THE FUJ fzE . TT-- F-
FF,AC-110t- _ LOTS OF 5LC C4< I AND 15LCr-K 7 SHALL NOT CAE
S A-D OF
THE ASFEh! MEAD S.P.R./�U6DIV15Ior�l.
T E CI TY OF A -EN VACATED TI-105E FC f TL- N5 OF NOf T H At -ID
EJ&HTA Ti- TD II"-CWDi D WITHIN LOT ONE AND LOTTO
TO Oft�D11J GE OEE1 � � E5 Of I� 3 E^ND QR. ONCE
NO. ILA/ SE�JE`-� OF I`l`1�. VACATED I,-ic-, -{T6-OF-w^,T- mAY
ALLEY :LOCK 8 CCURRENTLY SIGNED "NORTH S7REET9-91
NOTE NO. 3 CONTINUED HOA'L, ` THAT ` c H �,/�SIGNS I -AY DE M 1-- D IN
fzESENTLY f3E I NCIJUDED IN LC� AREA AND f�IAY [ THE RJTf— . �7 It V.�CAT D I�X�-FIQ OF N TT I AND
TILIZED FOR THE SITING OF STtzc�TUf�� (SUC J�T70 THE EIG�-�T}-� nTrEETS �I-IA�L NOT CAE ! J( � ELT-TOTHF
ET'� R Ff�'PIGF-` Of SECTION 2-(0.710 OFTHE BEN GTIOF-r'D AND r�ffQUVEMENT-D OFTJ--IE ASPEN
I N Fr- AFFi 41TfO C"LCULATION5 UNDO- j HF IP1 C)✓� 5 M DOWS S.P. A . �UC�DI VISION .
OF SECT ION 2Cfl. 575. 020 OF nAI D GOOF/ F'i�OVIDED,
G ....e..w.I
IS
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0 5U6DIv151oN FOFL
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MAI N
114 CAP
more than an years from the date of the certification shown hereon. yasa�.d
Post Office Box 1730 Drafted
Aspen, Colorado 81612
970 925 2688
r -'P. I lit
title
Job No
Client
�� Maim
COOMIv1UNITY DEVELOPMENT APf'�OOVAL CITY ENGINEER APf'f''OOVAL CITY COUNCIL Af f'f�OOUaL
�- ' I � •ram •ram • • - - .� .- •
�5------------------------------------ - - - - -- -
DP�-< DEI-At�TM1 - ----------------------- MfiYOtZ------------------ --
OF COMMUNITY DEVEIOPMF�TT UTY ENC�IN1=EiZ ----- -- -
�y S pLQNNWIG
AND ZOHNG COMKSSS ON QppR At GITM ------------- --- -
� 71 I15 LUl t�JIYJTMEt�IT FLAT
ZONING C MMI IO�NE G - GUL- -YANHEDULE.o �Mf�MI �oOG�"� �C G��I OU �C�'Q�L
V, Y j� b. t-IEE-TINC' O1J ------------------------ ANI� Ar- �/ t'�Y -
�� I �NDDI7 ���NTA T1-1 fZE1 0. N . RUC J EGT TO TN F 1, JAM5E F GFi--T I FT- THAT TH 15 ANTI-IO�N�Y/
-47 s� U 1DEK MY SCJP f�/151ON� NEDNI-) DEED Ot-4 C UAL
.� F I E.LD ` �2VEY5 F 11=D pY M f ,�1� D W H IC{- ! C IA�E
�` � `3�C'�O ® u � MA I -------- ------------ T} IINN Lei MIST oTHI C0 14,1
�� � -r��5�E3,
Tl TLE 3� ART 1CLE 51 A5 AMENDED FfzOM TI ME TO Tl ME
✓� �°� ��< B C'_ WIT�HTHE A5PEf 4 V1UNICIF-A-CC- D1 . 2(-a.4C)0- Y0-
_ QD��� V ALPINE SUI�/E >�J, INC. �Y--M-S Eiz
__-- PL-gr�V ROAD ATE
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a� TivN i� t : s�3 22 �sd TED
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NORTH
OO�VNE�S CEL';TIF ICATC
N nON 5 &5 T` PLAT
S�PE'N
T � EA LfE'ISAO--J--------E--�35 VASGEE� FDN
CN��HSOT I -iE OFF U T]--P ITKI N
fE.20 GE
- DAYOF
f i4�
- -
2L�J IN PLAT C�K41c�AT Pf
---------- ....................
--
Lsva_ s s
146. 93�0
D�= LOT ONE- 8 LOT I TWO
0 o TOTfi.L-- i 10, FT TOTS, L, I &, e-)Li 2 E-)Q. FT 4 0 o o
---
p� s
21 97—J I �R%GTIONAL LOTS A- F CSLCX K 7 =
L------------'----- _, 5Co3LI — 5Q. FT iSF-E NOTE 2 �
PRI=VIC �L_Y VACATED /<02.90
---------------
PRE V la �`7L'f VACA T ED
Z FTIONS OF E Gl ITl ST. 1f�IZTIONS OF E C�I� I STizEET �' �r�
AND iJOr-TH `DT RIGI-ITS AND O NORTC RIGHTS OF, WAY A- i 1 j �. FT. (SEE Af" 1 d ":'-0 �Q. FT. (SEEf�C3FE 3
�=
211.50 69 0 X.i4
/V75"0V//"W N °39/069
t
LE�L VEN
D MAt�c�LJSEE C'�EI NG THE OvV ANN EfZ
OF ,AND " DLOGK 7/ CIT`f
AND TONtJ51TE OF ASPEN Cam T0�,ff 1 IER
WITH THEAr-UAC.ENTVACATED R T161 OF
i`- RTH ��,T AND EIGHTH STr-EET THAT t-H +Y` G
MAf EE 11-C, A COI -Of -,AGO CC Ai ION
CC,HAfeL�S /C�, t`/l�izQl�EE T►zU5T1 =E UE.INC�T{--IE
OWNEf-- OF CUFLOT E5 OF 1- f' FE-H M W�
FINAL S.P.A. DEVELOPMENT PLAN AND FINAL
5Ut3D1V1510N PLAT A5 KI5CC3r-DEP IN f LAT GOK 28 AT
I'AC-E Co, ET SFfi?. • ,4ND THAT(-JULJF- i�ATHLEEIN
ANTHOY 6EINWTHff- OF Fiz,ACTONAL LOT-0 A 5
C D, E At-4b F bl-O SAG 7, E
CITY AND TOvv/ cr- F_ OF A5t'EN,
T F-T E:K WIT -I TI X0-JACENT VACA D I�fl noW, Oi=
NOF-T-H F IGF--ITH f-M' =T• HE-EI�-5Y AC-j,,�
TO TH LAY H--� (LT AID PLA-M f� O� THE Al`�7VE -
D7✓ IF1D Pf�PEF�'- f U-VEf2T F-1�AME AND -ItTr-LF_ OF
LOTS ONE AND 7VVO OF ANTHOI�Y/ MAfE-Q> F: LOT LINE
ADJIC-1TMENT PLAT, H E12EJ5T SEE TO THE MEIeGEf-- OF
SAID OUTLOT• D WiTri At-11D INTO SAID LOTS OI�IEANDTNKJ
A5 DE"ICT7=.D ON 7 H15 PLAT,
THE 0'IF-f2rj HTO THE PizOV1510N5
SET FORTH I'L,QT Aj,� D TO THE
C0-4C-)✓ OF API -II. 13Y THE CITY Of- ASPEN/
GNAi�LE513, MAi��,�E�. ------
CI--ALES
OF HI 4 C MA4eLS E / I N6. / A
CL7LC7� C-C�TI ON .
-------------------------------
JOTICE: According to Colorado law you must commence any legal action based
upon any defect in this survey within three years after you first discover such defect.
n no event may any action based upon any defect in this survey be cnmmen—H
5e 5 STATE of ------------------
`� 51 COUNTY OF------------ ----- j.
' THE F( )ti & IN5TrJ /IENT WA'�-? AC-K`--IGV GY7ED C3EF0rFF- ME T} {Icj------------- PAY OF
S' ----------------- 2C�0 PAY CNA L 8. VA EE.
C}
MY COIV1Ml�lON EXPIRES =
WITNE5--) MY F I "P AND UFFIC�AL SEAL. ---
------------------ ---------------------------
NOTAF7-C PVt3uG
STATE OF
CCxJNfT`f OF ------- -- ----- i cam.
THE f0rrG:0INCG INST ENT WAS f6Ef-Cr-,E ME THIIE�D-_-_--_--
DAY OF�--_ 2s�� C3Y C} IAf�L..ES C3. 1i4�1�E A5 Tf�I�I EE OF
H 4 G MAIQUSEE tNG.
\ MY EXPIfZI ,�-2 °--------------------------
WITNE� MY AND OFFICIAL 5r� L._
-----------------------------
t.K?FA1zY FUJ31-I0
,5TATE OF CQLOK4DO 55
! NT`i OF FITy-It j
THE FOf"-'EEOI ING ieUME -47 Wf'� AC# OWLE.CXGEV UEf-Cr,-E
METHI'D ------- DAY OF2 � DY,JULIE KAT-ILFEN
AI-1Tl-ION' -
\/VITNE� N1`C ------------
Alpine Survevs, Inc.
NUT;�Y �IDLIC
ALLEY
NOTE iJO. 3 CONTINUED)
PRESENTLY -
, TlLIZED FORTHESITIt�G
�)ETDCt,-
FLO PfzOV15E1)C 1`J O\f- O GF
L�
SECTION 2Cn.575. 020
f lif A�_a -a
:LOCK
P CODE,
t�r�Y PUDLI�
\ TOWNS/T� --
NOTES �
i'
OU1 LUT Cam, Ai5f-El- J MI Ar70WS 5PA�5U[�DIVI�ION
15 H EF-'F�'f- MEf ZO ED VV I TH LOT ON E A 1 P I--OT Two ANW-C /
MAi�QUSEE LOT L1NE AI�JU5TME1�1T A5 INlDICATED � TN15
PLAT. THE LAND v✓ITHIIJ CUTLOF D ASFEN MEAP✓V5/-71PA
5UC�010f:40NI 12 AND -5HALL 5U[t1ff--TTC3 TH
PtzOv151oN5 OFTI-�E ASPEN t✓IIEAD�:,NS FINAL S.PA.
DEV1=101 "EIJT PLAN AND FINAL 5UE501 VI51UJ PLAT A5
R�DEO IN PLAT I3CX7K 2v AT PrkOE Co ET SEQ. OFTHIE
f-ECORO,5 OF T}-- E FI TKIH COUNTY GLEfZ AND R 7izDEI�
AND THE OF T-HF- DE/El_01"1.ilENT AND
'JJZ 1510N %' eEEMENI- 50f-'THE fxEGIALI77_YT���PLANNEt->
FAG
OFT E 11eE� DF THEP�K]N CO JNTY �iGG�F--r�, DEf.
2
ONLY THE Ffe' NAL LOTS OF DLOLK I Ai 5LOC ,K 7 WHICH
ARE I1--CLIJDEO WITI-IIN LOFQNE AND LOT TVA ANT} 7NY/
MAfeQUSEE LOT LINE A1kJC�T"ENT MAY Pi-'E�DENTLY DE
IN -LUDED IN FLOOi AREA (PATIO C4LCULATIOH5 UNDEKTHE
P1eOV1510N5 OF SEGTCN 2<2). 575- 02-0 OF THE ASPEN
LAND' USE CODE FrGODED HOWEVEf'-THAT 5UCA-�
PIZMAY LSE AMENDED IN THE FUTUf--� . THE
FIIONAL LOTS OF OLCXfG I AMID 15LCXAG 7 SHALL NOT DE
S(33JEGT TO T-JE TIOt`IrO AND F�,EOUI EMENTS OF
THE ASPEN OEAD \,� 5.PA./SUDD1V15ICD
3
FH ff GITY OF Ate` P 1 VACATED THO1 DE PORTIONS OF NofiI AND
EJ&I-ITI-I STf-' .TS INCWDf D WITHIN LOT ONE AND LOTTV-0
TO OK)IfJ�CEE NO. I I LOT
OF I`j`r3 SAND Qf DDNANCF-
NO. 1,4/ 5E-ff-t) OF VA ATED (zIC+I %-OF-W^Y MAf-
C CURRENTLY SOGNED 66 NORTH STREET 99 a
NCB -l�-�T �.C.H ���,/�151aN5 MAY DE AM l�D IN
f F THE L' � . THti VACATI=D R"x-,T1C�N`ED OF NC Ta--I AND
'15 JEGT 7DTH� IEIH STI EN' 4ALL NOT CITE � 1FLTiQ THI✓
E lt'JCLf DID MEADP �RUaD �oN OFTf IE ASPEt�I
IE, f3FIIf)OI�S
LU
ASPN-4 I ASPEN
y MFRGL�n/5 C.ENTE72
� 5lJ6DI V 151Cf � FOtZ
� PHY5Ic5
O 9
I e Iv
m
C) N OfZTH
D
Q = 9
LU »sl
U1-IITED FfZPJ�IGI�
STATES
FAT
5EFIVICE
vuc HTY Map
STREET
I-IALLAM
OLEE.KK=fZ
LL
MAI N
El
-� CAP
I,— en years Trom me �r date of the certification shown hereon. Post Office Box 1730 r
Aspen, Colorado 81612
970 925 2688
Drafted
Tuttle
Job No
Client