HomeMy WebLinkAboutcoa.lu.ec.1095 Ute Ave.A44-91
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CASELOAD SUMMARY SHEET
city of Aspen
DATE RECEIVED:
DATE COMPLETE:
8 ~4 /91
/';;;QI'71
PARCEL ID AND CASE NO.
2737-182-00-063 A44-91
STAFF MEMBER: LL
PROJECT NAME: 1001 Ute Avenue Plat Amend/Lot Line Adiustment
Project Address: 1001 Ute Avenue
Legal Address: 1001 Lode Mininq Claim
APPLICANT: 1001 Ute
c/- Carl
Applicant Address:
Ave Partnership. Owner
B. Linnecke. CPA
215 South Monarch. Aspen.
CO
81611
REPRESENTATIVE: Rick Neilev.
Representative Address/Phone:
Neilev & Alder
201 North Mill Street. Suite 102
Aspen. CO 91611 5-9393
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PAID: (YES) NO AMOUNT: $870.00 NO. OF COPIES RECEIVED 3
TYPE OF APPLICATION: 1 STEP: X
P&Z Meeting Date PUBLIC HEARING:
.r"", 1 .,. VESTED RIGHTS:
\.._i I "-"
CC Meeting ,I ..
Date ' ::-;i',_.~:; PUBLIC HEARING:
,
VESTED RIGHTS:
2 STEP:
YES NO
YES NO
YES NO
YES NO
Paid:
Date:
Planning Director Approval:
Insubstantial Amendment or Exemption:
;~~~~~~~;;;I;ro=0j1;~~:~:::::~i~;-~=:==7==::::::=::::::::
,/ City Engineer ' / Parks Dept. Rocky Mtn NatGas
Housing Dir. Holy Cross State HwyDept(GW)
Aspen Water Fire Marshall State HWYDept(GJ)
City Electric Building Inspector
Envir.Hlth. Roaring Fork
Aspen Con. S.D. Energy Center
J> /;;.q / 91
.
Other
DATE REFERRED:
--- city Atty ___ City Engineer ___Zoning ___Env. Health
___ Housing Other:
J)~feO
FILE STATUS AND LOCATION:
\ 1) .
2) Project Iocation
apprcpriate)
3)
~ Zonin:J
R15
4) lot Size
6+ acres
5) ~licant's Name, ~ & ~ I 1001 Ute Avenue Partnership. clo Richard Y.
'Nei1ey. Jr'.. Nai1ey ~ Alder. 201 North Mill Street. Suite 102. Aspen. CO 81611
6)
Rep~tive's Name, l\ddress & ~' I
Richard Y. Neilev. Jr.. Neilev &
Alder. 201 North Mill Street. Suite 102. Aspen. Colorado 81611
7) 'IyPeof ~lication (please d1€Ck all that apply):
Cillrlitional Use
0:Jrx::epblal SPA
Final SPA
- Conc:epb1al' Historic Lev.
, _ Final Historic nev.
---C.- Minor Historic nev.
_ 'Historic ~lition
_ Historic Designation
_ Special Review
8040, Greenline
0:Jrx::epblal roo,
"
_ Stream M31:gin
Final roo
, H:luntain View Plane ' "SUblivision
- ... '-
- O:xxkxniniumization _ TextjMap.A.narlmem:
~ rot SplitjIDt Line
Mjustment
8) L"escr:iption of'Exi.st:inj. Uses (l'lllIIiJer am t;ype of ex:i.st.in;.~;
approXimate sq. ft.; TI~r of be.l.......=; any previoos 'approvals granted to the
prcperty) .
_ ~ Allotment
-:.- ~ Exenption
A 3-10t subdivision was approved by City Council on June 10, 1991 with 2 building
sites.
9) Description of nevel~ ~lication
Correction of survey errors between 1001 Lode and Lots 1 and 3 of Hoag Subdivisioq
10) Have yoU attadJedthe follCMing?
x Response to Attachment 2, M.in:imum Snhmission Contents
" Response to Attachment 3, Specific Snhmi ssion Contents
x Response to Attad1ment 4, Review starrlards for Your ~lication
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CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PROJECT: fOe:> I l) n:
APPLICANT'S RE~RESENTATIVE: ~~ck i\)~i 10'-1
REPRESENTATIVE'S PHONE' t-.-- : 3~ .
OWNER'S NAME: I flOl \)~_(\_e.._ ~ -t~y ~
SUMMARY
Type of Application: ko+ ) ~ h.1
2.
oJJ ~ -t Vl\ {) Vii-
of development being reque ted:
1.
3. Areas is which Applicant has been requested to respond, types
of reports requested:
Policy Area/
Referral Aqent
Comments
~~~
4.
Review is:
(P&Z Only)
5.
COnly) (P&Z then t~ C:~
(NO ord p()oChf/WJ ~
Number of copies of the application to be sUbmitted:~ ~
What fee was applicant requested to submit: -=J-~G +- JJ..5 =::(0
Anticipated date of submission: ~A~ / 7- 7
COMMENTS/UNIQUE CONCERNS:
Public Hearing:
6.
7.
8.
9.
frm.pre_app
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611
NOV 2 7
Richard Y.Neiley, Jr., Esq.
Neiley & Alder
201 North Mill street
Aspen, Colorado 81611
Re: Application for Lot Line Adjustment -- 1001 Ute Avenue.
Dear Rick:
This letter is to formally advise you that the City of Aspen, by
and through the City Council, has determined to withdraw its
consent as an adjoining landowner to your client's petition for
the proposed lot line adjustment noted above. You will recall
that the City's consent as required by section 24-7-1003 (A) (1) (b)
of the Municipal Code had previously been afforded to your client
as illustrated by the Acting city Manager's letter to the Plan-
ning Department dated September 18, 1991. However, since that
time it has become apparent that not all of the property owners
whose lots would be impacted by the proposed lot line adjustment
have agreed to participate in the petition. In view thereof, it
seems prudent to continue the matter to a later date when every-
one is in agreement.
As I am sure you a~e aware, the failure of a petitioner to secure
the consent of necessary adjoining property owners renders a
petition for a lot line adjustment invalid. Pursuant thereto,
your client's petition for the above-noted lot line adjustment
was removed from city Council's agenda Monday night. A new peti-
tion may be submitted when the prerequisite land owner consents
have been obtained.
Please do not hesitate to contact me should you have any ques-
tions regarding this matter.
Thank you.
Very truly yours,
---
~
Edward M. Caswall
City Attorney
EMC/mc
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cc: Planning Director
Leslie Lamont
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NEILEY & ALDER
ATIORNEYS
OCT I 0 i99!
201 North Mill Street, Suite 102
Aspen, Colorado 81611
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Richard Y. NeUev, Jr., RC.
Eugene M. Alder, RC.
FAX Number
(303) 925-9396
(303) 925-9393
.'OC"'toJ:rE!~P ;~.!92~
HAND DELIVERY
Ms. Leslie Lamont
Aspen/pitkin County Planning Department
130 South Galena Street
Aspen, Colorado a1611
Re: 1001 Ute Avenue
Dear Leslie:
In accordance with our recent conversation, I am
enclosing herewith a copy of the Amended Trade Name Affidavit for
1001 Ute Avenue Partnership and a copy of the Contract for Sale
between my client and Bayoil, Inc. As of September 12, 1991,
Bayoil became the owner of the property. In accordance with
paragraph 13(e) of the Contract to Buy and Sell Real Estate, my
client agreed to complete the processing of the lot line adjust-
ment.
Joe Zaluba has agreed to consent to the lot line
adjustment application. We are faxing a consent letter to him
today and should be able to deliver it to you this afternoon or
tomorrow morning.
If you have any questions, please give me a call. Thank
you for your continued efforts on this application.
Very truly yours,
RYN/agk
Enclosures
NEILEY & ALDER
e~j)()Ad(./t,.~~,
Richard Y. ~Jlile;,C;;. ~/-~~
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City of Aspen
Planning Department
Aspen, Colorado 81611
Attention: Leslie Lamont
Re: Proposed 1001 Ute AvenUe - City of Aspen Lot Line Adjust-
ment.
Dear Leslie:
Pursuant to Section 7-1003 (A) (I) (b) of Aspen Municipal code,
this is to confirm the City of Aspen's consent to the lot line
adjustment application submitted by the 1001 ute Avenue Partner-
ship relevant to the property line diViding the 1001 lode and the
municipal park situated on 1010 Ute Subdivision Out-Parcel A.
This letter is being submitted by the City as the property owner
whose property adjoins that of the applicant and in no way is
intended to constitute a formal approval of any land use as re-
quested by 1001 ute Avenue Partnership, or a waiver of the City's
pOlice or land use powers.
THE CITY OF ASPEN
By ~A.::.. ec0 hr~
~~~ ity Manager
cc: Richard Y Neiley Jr., Esq.
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MEMORANDUM
To: Leslie Lamont, Planning Office
From: Chuck Roth, City Engineer ~~
Date: ~~'P~@iiiberl.l~".;;~6d
Re: 1001 Ute Avenue Plat Amendment/Lot Line Adjustment
Having reviewed the above referenced application, the engineering
department has the following comments:
1. The engineering department has been meeting with the city
attorney and the applicant's representatives since early May of
this year concerning the situation presented in this application.
The city retained the services of a licensed professional surveyor
whose report corroborated the applicant's statements. Therefore
the engineering department recommends approval of the proposed lot
line adjustment.
2. A plat must be prepared which meets code requirements.
cc: Bob Gish, Public Works Director
cr/M91. 203
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LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS that I, PETER COVENTRY of
Third Floor, 6 West Street, North Sidney, NSW 2060, Australia
("Legal Address"), do hereby make, constitute and appoint RICHARD
Y. NEILEY, JR. of 201 North Mill Street, Suite 102, Aspen, Colorado
81611, as my true and lawful attorney-in-fact for me and in my
name, place and stead for my sole use and benefit to do one or more
of the following:
1. To contract for and close upon the sale, exchange or
leasing of, grant assignments of interests and use rights in,
submit and process land use applications and otherwise deal with,
the following described real property:
(a) Units 5 and 5A of 777 Ute Condominiums, a
condominium project being constructed on certain real property
located in Pitkin County, Colorado as shown on the Plat thereof
recorded in Plat Book 21 at Pages 70-80 of the Clerk and Recorder
of Pitkin County, Colorado.
(b) 1001 Lode Mining Claim, as more fully described
in the legal description attached hereto as Exhibit "A."
2. To make, execute and deliver any and all documents,
extension agreements, instruments, agreements, closing statements,
deeds, leases and other documents necessary or convenient to
contract for and close upon the sale, exchange or leasing of the
Real. Property.
3. To receive and disburse funds in connection with the
Real Property.
4. To take any other act necessary or convenient to
carry out the sale, exchange or leasing of the Real Property.
By this Limited Power of Attorney, I hereby give and
grant unto my attorney-in-fact RICHARD y. NEILEY, JR. full power
and authority to do and perform all and every act whatsoever
requisite and necessary to be done to carry out the purposes of
this Limited Power of Attorney as fully and to all intents and
purposes as I might or could do if personally present, granting my
said attorney-in-fact full power of substitution. By execution of
this Limited Power of Attorney, I hereby ratify and confirm all
that my attorney-in-fact RICHARD Y. NEILEY, JR. shall lawfully do
or cause to be done by virtue of the powers granted herein. This
Limited Power of Attorney shall be effective upon my signature
. hereof, and it shall remain in full force and effect until
terminated by me in a writing executed with e same formality as
this Limited Power of Attorney.
PE'J;
Attorney is
IN WITNESS WHEREOF, this Li
executed this ~ day of June, 1990.
STATE OF COLORADO
)
) SSe
)
COUNTY OF PITKIN
The foregoing Limitec;! j?ower of Atto ~ey was
and signed before me this ...:55. day of June..J9
COVENTRY.
cknowledged
0, by PETER
WITNESS my hand and officia 9seal.
My commission expires: :'3/1 2:::
Notary Pu
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Recording Infor~ion:
#32:'.593t. <$~'bb/9cgl3; 49 Rec ~;5. 0Cl Bf< 628 F'G 884
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
AMENDED TRADE NAME AFFIDAVIT
OF
1001 UTE AVENUE PARTNERSHIP
STATE OF COLORADO )
)
COUNTY OF PITKIN )
The undersigned, being first duly sworn, deposes and
says:
I. This Amended Trade Name Affidavit is being filed on
behalf of Peter Coventry and ventry Properties, USA, Ltd., pursuant
to the laws of the State of Colorado.
2. 1001 Ute Avenue Partnership is the name under which
the business is now being carried on at 1001 Ute Avenue, Aspen,
Colorado 81611, and Richard Y. Neiley, Jr., P.C., 201 North Mill
Street, Suite 102, Aspen, Colorado 81611.
3. The full names and address of the persons and/or
entities represented by the name 1001 Ute Avenue Partnership are as
follows:
Ventry Properties, USA, Ltd.
c/o Richard Y. Neiley, Jr., P.C.
201 North Mill Street, Suite 102
Aspen, Colorado 81611
Peter Coventry
c/o Richard Y. Neiley, Jr., P.C.
201 North Mill Street, Suite 102
Aspen, Colorado 81611
4. The undersigned is the authorized agent of Peter
Coventry and Secretary of Ventry Properties, USA, Ltd., who carry
on the business of 1001 Ute Avenue Partnership as general partners
involved in the ownership and development of real property and
improvements thereon.
.TE AVENUE PARTNERSHIP
TRY PROPERTIES, USA,
RiCh!0M eg=-J~ ~
Secretary f Ventry
Properties, USA, Ltd.
The foregoing Amended Trade Name Affidavit wasacknowl-
edged and'signed before me this ~ day of September, 1990, by
Richard Y. Neiley, Jr. as authorized agent and attorney-in-fact for
PETER COVENTRY and by Richard Y. Neiley, Jr. as Secretary of Ventry
Properties, USA, Ltd.
WITNESS my hand and officiql seal. )
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CONTRACT TO BUY AND SELL REAL ESTATE
THIS AGREEMENT is made thiF~~":(Iayc:'o:f"^JGig;i'St, 1991, ,
between 1001 UTE AVENUE PARTNERSHIP ("Seller") and BAYOIL (USA),
INC. or assigns ("Buyer").
The parties agree as follows:
I. Purchase and Sale. Buyer agrees to purchase from
Seller and Seller agrees to sell the following real property ("Real
Property"):
The 1001 LODE MINING CLAIM, as more fully
described on Exhibit "A" attached hereto and
incorporated herein by this reference,
with a street address of: 1001 Ute Avenue, Aspen, Colorado 81611,
with all appurtenances thereto including Seller's interest in that
certain agreement related the tennis courts located on the property
as recorded in Book 378 at Page 419 of the real estate records of
Pitkin County, Colorado, as amended. With respect to the tennis
court lease, Seller warrants and agrees that its said interest in
said tennis court lease includes the right to receive as rent for
said tennis courts the total sum of $7,500.00 per year, payable in
two equal semi-annual installments, and that Seller presently has
full right and authority to assign its interest in said lease.
Seller further warrants and agrees that the right to relocate the
said tennis courts, as provided at Book 447, Page 93 of said
records also is part of Seller's interest and presently remains
unimpaired.
2. Purchase Price. The purchase price shall be
$1,250,000.00, payable as follows:
(~) $100,000.00 on or before August 30, 1991 to be
transmitted by w~re to be held in escrow pending closing at Aspen
Title Company of Aspen, Colorado;
(b) $1,150,000.00 in good funds at the time of
closing, adjusted for customary closing costs and prorations.
3. Propertv Included. The following items of personal
property are included in this sale at no extra cost:
The property is vacant land for which Seller
has obtained both 8040 greenline approval and
subdivision approval. Seller has caused to be
created various development plans and render-
ings. Notwithstanding Buyer's desire to
purchase the property for the construction of
one (I) single-family residence, as part of
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the sale contemplated herein, Seller shall
convey to Buyer all approvals,. surveys, site
evaluations, engineering studies, models and
other items of personal property in its pos-
session or control related to the use and
development of the subject real property at no
additional cost.
4. Propertv Excluded. The following fixtures of a
permanent nature are excluded from this sale and may be removed by
Seller prior to delivery of possession: the tennis court improve-
ments owned by the Gant Condominiums.
5. Title.
(a) Title shall be merchantable in the Seller and
shall be conveyed to Buyer by General Warranty Deed free and clear
of all taxes, liens and encumbrances, except as follows:
(i) general taxes for the year of closing;
(ii) easements for telephone, electricity,
water, sewer and other utility, drainage and trail easements which
do not preclude construction on the building sites identified on
the Property;
(iii) U.S. mineral reservations of record;
( i v) building and zoning regulations and
restrictive covenants of record;
(v) the effect of the 1980 BLM approved survey
upon the portion of the subject Real Property which is located
adjacent to public land;
(vi) the effect of the boundary discrepancy
where the subject property adjoins Lots I and 3 of the Hoag Sub-
division on the southeast boundary, which discrepancy results in an
overlap of property descriptions approximately two (2) feet;
(vii) those restrictions, easements and other
encumbrances reflected in the title policy issued by Pitkin County
Title Company dated January 27, 1989, a copy of which is attached
hereto as Exhibit "B" and incorporated herein by this reference;
and
(viii) Seller's conveyance of two tennis court
use rights out of the ten tennis court use rights provided in that
certain agreement recorded in Book 378 at Page 419 as amended by
agreement recorded in Book 447 at Page 90. The two tennis court
use rights have been conveyed to Kerry M. Dunn or his assigns,
leaving a balance of eight tennis court use rights to be conveyed
hereunder.
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(b) Not later than August 30, 1991, Seller shall,
at Seller's cost and expense, deliver to Buyer a title commitment
issued by a title company licensed in Colorado and committing to
insure title to the Real Property as set forth in subparagraph (a).
In the event title to the Real Property as evidenced by this
commitment is not merchantable, Buyer shall give Seller written
notice of such title defects not later than five (5) days subse-
quent to receipt of the title commitment. Any defects for which
such notice is not given shall be deemed waived. In the event such
notice is given, Seller shall use its best efforts to cure such
defects prior to closing. If such defects are not cured at
closing, Buyer may terminate this agreement at which point all
monies paid shall be returned to Buyer; or Buyer may extend the
date of closing for an additional thirty (30) days to allow Seller
additional time to cure said defects. In the event of such exten-
sion, Seller shall use its best efforts to cure such defects. If
the defects cannot be cured by the end of such period, this Con-
tract shall be of no further force and effect and all monies paid
hereunder shall be returned .to Buyer. At closing, Seller shall
deliver conforming title insurance to Buyer and pay the premium
thereon.
J L.--
6. Closinq. Closing shall take place on September)f,
1991 or such other date as may be mutually agreeable to the
parties, at a reasonable time and place to be designated by Seller.
At closing, Seller and Buyer shall execute such documents, pay such
funds and take such other actions as are necessary or convenient to
carry out this agreement.
7. Payment of Encumbrances. Any encumbrances required
to be paid may be paid at the time of settlement from the proceeds
of this transaction or from any other source.
8. Prorations. General taxes for the year of closing,
based on the most recent levy and the most recent assessment,
prepaid rents, water rents, sewer rents, FHA mortgage insurance
premiums and interest on encumbrances, if any, and the Homeowners
or Condominium Assessments, if any, shall be apportioned to date of
delivery of deed. Closing costs shall be apportioned between the
parties based upon the usual and customary practices in Pitkin
County, Colorado.
9. Possession of the Propertv. Possession of the
Property shall be delivered to Buyer at closing. In the event the
Property is not delivered as required hereunder, Buyer shall be
entitled to recover a daily rental of $50.00 and Buyer shall be
entitled to evict Seller from the Property.
10. Damaqe. In the event the Property shall be damaged
by fire or other casualty prior to closing, in an amount of not
more than 10% of the total purchase price, Seller shall be
obligated to repair the same before the date herein provided for
delivery of deed. In the event such damage is not or cannot be
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repaired within said time or if the damages exceed such sum, this
Contract may be terminated at the option of Buyer and all payments
and things of value received hereunder shall be returned to Buyer.
Should Buyer elect to carry out this Contract despite such damage,
Buyer shall be entitled to all the credit for the insurance
proceeds resulting from such damage, not exceeding, however, the
total purchase price. Should any fixtures or services fail between
the date of this Contract and the date of possession or the date of
delivery of deed, whichever shall be earlier, then Seller shall be
liable for the repair or replacement of such fixtures or services
with a unit of similar size, age and quality, or an equivalent
credit.
11. Default. Time is of the essence hereof. In the
event of any default, there shall be the following remedies:
(a) If Buyer is in default, then all payments and
things of value received hereunder shall be forfeited by Buyer and
retained on behalf of Seller and both parties shall thereafter be
released from all obligations hereunder. It is agreed that such
payments and things of value are liquidated damages and (except as
provided in subparagraph [C]) are the Seller's sole and only remedy
for the Buyer's failure to perform the obligations of this
Contract. Seller expressly waives the remedies of specific
performance and additional damages.
(b) If Seller is in default, (i) Buyer may elect to
treat this Contract as terminated, in which case all payments and
things of value received hereunder shall be returned to Buyer and
Buyer may recover such damages as may be proper, or (ii) Buyer may
elect to treat this contract as being in full force and effect and
Buyer shall have the right to an action for specific performance or
damages, or both.
(c) Anything to the contrary herein notwithstand-
ing, in the event of any litigation arising out of this Contract,
the Court shall award to the prevailing party all reasonable costs
and expenses, including attorneys' fees. Any monies required to
be returned to Buyer hereunder but wrongfully withheld shall bear
interest at the statutory rate permitted by the laws of the State
of Colorado.
12. Miscellaneous. This agreement may not be modified
except in a writing signed by the parties. This agreement shall be
construed under the laws of the State of Colorado. Any notice
under this agreement shall be in writing and shall be effective
upon actual delivery. The parties designate the following agents
for delivery of notice.
For Seller:
Richard Y. Neiley, Jr.
Neiley & Alder
201 North Mill Street, Suite 102
Aspen, Colorado 81611
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For Buyer:
David Chalmers
BAYOIL (USA), INC.
1 Canterbury Green
Stamford, Connecticut 06901
13. Additional Provisions.
(a) Seller warrants that this sale is not subject
to withholding as defined under IRC S897 of the Internal Revenue
Code of 1986 (Disposition of Investment in United States Real
Property) and Seller will execute an affidavit at closing to that
effect; or it will comply with the requirements of Sl445 (Withhold-
ing of Tax on Dispositions of United States Real Property Inter-
ests) .
(b) This Agreement may be executed in counterparts
which taken together shall constitute one and the same document.
(c) Execution of this Contract and any notices to
be given hereunder may be provided by facsimile signature. In the
event of such execution, the parties agree to promptly provide an
original executed copy of the document to the other party.
(d) No broker or real estate agent is involved in
this transaction on behalf of either Seller or Buyer, and the
parties agree to indemnify one another and hold each other harmless
from the claim of any real estate broker or sales agent in connec-
tion with any claim asserted arising out of this transaction. Said
indemnity and hold harmless shall include each party's reasonable
attorneys' fees and all other costs of litigation, including dis-
'covery costs occurring as the result of the defense of said claims.
(e) The two (2) foot boundary discrepancy refer-
enced in paragraph 5(a)(iv) above is the subject of present efforts
of Seller to obtain a plat amendment with the adjoining property
owners, including the City of Aspen. Seller shall continue to use
its best effort.s to obtain the plat amendment at its expense;
however, failure to obtain the plat amendment shall not affect this
Contract. In the event the plat amendment is approved subsequent
to closing, Buyer shall be entitled to the benefit of such plat
amendment and all survey and recording costs shall be the sole
responsibility of Seller.
(f) The parties acknowledge that a Lis Pendens has
been recorded in the real estate records by FMG, Inc. in Pitkin
County District Court Civil Action No. 91CV183, which affects the
real property. Seller has settled the issues in such litigation
and has agreed to permit the disbursement of $187,500.00 to FMG,
Inc. out of the closing proceeds in exchange for a release of the
Lis Pendens. Seller and Buyer agree to cooperate in the execution
of such additional documents as may be required by the Closing
Agent/Title Company to facilitate the disbursement and release of
the Lis Pendens.
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IN WITNESS WHEREOF, this Contract is executed and
delivered the day and year first written above.
Buyer:
BAYOIL (USA), ~NC. ~
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Dav~d Chalmers LI
Seller:
1001 UTE
PARTNERSHIP
6
ADDENDUM TO CONTRACT TO BUY AND SELL REAL ESTATE
This addendum is made this ~6u(day of August, 1991, to that
Contract to Buy and Sell Real Estate of even date herewith between
1001 ute Avenue partnership ("Seller") and BAYOIL (USA), Inc. for
assigns ("Buyer"):
The parties agree to add to the said contract the following:
1. Included. in sale. It is intended by the parties that
those items included in the sale, as set forth in paragraph 3 of
the said Contract, shall include all of the work done by David
Finholm in connection with the proposed construction of a single-
family residence on the subject property.
2. Real estate commission. In addition to the provisions of
paragraph 13(d), the parties acknowledge and agree that the
responsibility, if any, for the payment of a real estate commission
would be the Seller's, and that Seller warrants that it has not
dealt with or utilized areal estate broker or agent in such a
fashion as to give rise to a claim fora real estate commission.
IN WITNESS WHEREOF, this Addendum is executed and delivered
the day and year first written above.
Buyer:
Seller:
BAYOIL (USA), INC.
By
PARTNERSHIP
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ASPEN/PITKIN PLANNING OFFICE
130 S. Galena street
Aspen, Colorado 81611
(303) 920-5090 FAX# (303) 920-5197
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Rick Neiley
Neiley & Alder
201 North Mill street, suite 102
Aspen, CO 81611
Re: 1001 Ute Avenue Plat Amendment/Lot Line Adjustment
Case # A44-91
Dear RiCk,
The Planning Office has completed its preliminary review of the
captioned application. We have determined that this application
is complete.
We have scheduled this application for review by the Aspen City
Council on Monday, september 23, 1~~1 at a meeting to begin at 5:00
P.M. Should this date be inconvenient for you, please contact me
within 3 working days of the date of this letter. After that the
agenda date will be considered final and changes to the schedule
or tabling of the application will only be allowed for unavoidable
technical problems.
The Friday before the meeting date, we will call to inform you that
a copy of the memo pertaining to the application is available at
the Planning Office.
If you have any questions, please call Leslie Lamont, the planner
assigned to your case.
sincerely,
Debbie Skehan,
Office Manager
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NEILEY & ALDER
ATTORNEYS
201 North Mill Street, Suite 102
Aspen, Colorado 81611
Richard Y. Neiley, Jr., RC.
Eugene M. Alder, RC.
FAX Number
(303) 925-9396
(303) 925-9393
July 30, 1991
Ms. Leslie Lamont
Aspen/Pitkin County Planning Office
130 South Galena Street
Aspen, Colorado alGIl
Re: Lot Line Adjustment/IDOl Ute Avenue
Dear Leslie:
Enclosed herewith you will find three copies of our
Application for Plat Correction and Lot Line Adjustment covering
the property commonly known as 1001 Ute Avenue. As we discussed,
a minor boundary line discrepancy exists between the IDOl Lode
Mining Claim and the adjoining 1010 Ute Subdivision Out Parcel A
(formally known as Lot 1, Hoag Subdivision) which is owned by the
City of Aspen and Lot 3, Hoag Subdivision which is owned by Joseph
Zaluba.
The application relates to a survey error which apparent-
ly occurred in 1971 and which resulted in an approximate two foot
overlap of Lots 1 and 3, Hoag Subdivision onto the IDOl Lode Mining
Claim. I am providing a copy of this application to the represen-
tatives of Mr. Zaluba and have requested their consent to the plat
correction/lot line adjustment as it relates to Lot 3, Hoag
Subdivision. Assuming that this consent is obtained, we will
proceed with a re-platting of the entire common property boundary.
In the event, Mr. Zaluba's consent is not received, we nonetheless
wish to proceed with the common boundary between the City's
property and 1001 Lode.
I am enclosing the Nine Hundred Five Dollar ($905.00)
application fee in accordance with the requirement you expressed in
our pre-application conference on July 12, 1991.
As you are aware, this matter has already been referred
to John Worchester in the City Attorney's Office and Chuck Roth in
the City's Engineer's Office. I believe that we are in agreement
that a lot line adjustment resulting in the filing of a correction
of the plat confirming the historic easterly boundary of the 1001
Lode is the appropriate resolution of the overlapping property
descriptions.
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Ms. Leslie Lamont
Aspen/pitkin County Planning Office
July 30, 1991
Page 3
If you need additional information or wish to discuss
this matter, please feel free to call me. Your assistance in
placing this matter on City Council agenda at the nearest possible
time would be greatly appreciated.
Very truly yours,
Y. Neiley, Jr.
RYN\aja
enc 1.
cc (w/o encl.): Peter Coventry
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APPLICATION FOR PLAT CORRECTION/LOT LINE ADJUSTMENT
1001 UTE AVENUE, ASPEN, COLORADO
Submitted by:
1001 Ute Avenue Partnership, Owner
c/o Carl B. Linnecke, CPA
215 South Monarch
Aspen, Colorado 81611
Prepared by:
Richard Y. Neiley, Jr.
Neiley & Alder
201 North Mill Street
Suite 102
Aspen, Colorado 81611
(303) 925-9393
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Application for Plat Correction/Lot Line Adiustment
Introduction
This Application is submitted pursuant to Article 24,
Section 7-1003A of the Municipal Code of the City of Aspen. The
applicant seeks to correct and clarify a discrepancy in the
easterly boundary of the 1001 Lode Mining Claim resulting from the
erroneous placement of a survey monument at the time of creation of
the adjoining Hoag Subdivision in 1971. Applicant believes that
one of the monuments of the Hoag Subdivision was placed approxi-
mately two feet too far to the west, thereby encroaching onto the
historic boundaries of the 1001 Lode Mining Claim.
The lot line adjustment would effect Lot I, Hoag
Subdivision, which is owned by the City of Aspen and which was
platted initially on November II, 1971 in Plat Book 4, Page 218 in
the real estate records of Pitkin County, Colorado. The parcel was
conveyed to the City of Aspen by 1010 Ute Corporation on or about
June 19, 1987 at the time of recordation of the plat for 1010 Ute
Subdivision. Lot 1, Hoag Subdivision was re-platted as Out Parcel
A of 1010 Ute Subdivision. The plat for 1010 Ute Subdivision was
recorded in Plat Book 19, Page 80 of the real estate records of
Pitkin County, ColOrado.
The lot line adjustment would also effect Lot 3, Hoag
Subdivision which is owned by Joseph Zaluba. A copy of this
application along with a request for consent has been forwarded to
Mr. Zaluba' s local legal counsel. Assuming that the consent of Mr.
Zaluba is received, the re-platting of the subject properties will
include a correction of the overlap of Lot 3 as well as Lot 1. If
consent is not received, the applicant nonetheless wishes to
proceed with the correction of the boundary overlap between the
City's property and the 1001 Lode.
The issues surrounding this application have been
previously reviewed by the City Attorney's Office and the City's
Engineer's Office. Applicant appends hereto relevant title
documents, correspondence, plats and surveys.
Review Requirements
The requirements for lot line adjustment are set forth in
Article 24, Section 7-1003A of the City of Aspen's Land Use Code as
an exemption from subdivision. The procedure for review of the lot
line adjustment request is the submission of this application, a
determination of completeness, the forwarding of the Planning
Director's recommendation to City Council and consideration of the
application at a hearing. The Planning Staff has determined that
the City's ordinance procedure will be required. Thus, applicant
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proposes that an ordinance be set for first reading on the consent
or action item agenda and for public hearing at second reading.
The circumstances presented comply with
adjustment exemption. Section 7-1003A requires
demonstrate the following:
the lot line
applicant to
a. That the request is to correct an engineering or a
surveying error in a recorded plat.
Response: The lot line adjustment is necessary to
correct an error in the platting of the Hoag Subdivision. Chain of
title documents for both the Hoag Subdivision and the 1001 Lode
Mining Claim have been submitted to the City's Engineer's Office
and have been reviewed on behalf of the City by Louis Buettner.
The survey of the property was prepared by Aspen Survey Engineers
which demonstrates the extent of the conflict in platting and shows
the historic boundaries of the 1001 Lode Mining Claim.
b. All affected landowners must provide written consent
to the application.
Response: By this application, applicant requests the
consent and approval of the City of Aspen to the re-platting of the
common boundary line confirming the historic location of the 1001
Lode Mining Claim and correcting the survey error as it impacts Lot
1, Hoag Subdivision (which is also known as, 1010 Ute Subdivision
Out Parcel A). As noted above, applicant has requested the consent
of the owner of Lot 3, Hoag Subdivision.
c. It is demonstrated that the request is to address
specific hardship.
Response: The lot line overlap as it currently exists
creates hardship for the applicant in that it potentially clouds
title to the 1001 Lode Mining Claim.
d. The corrected plat will meet the standards of the
Land Use Code.
Response: Applicant has agreed to provide plat which
corrects the survey error, eliminates the overlapping legal
descriptions, describes the purpose of the re-platting as correct-
ing the survey errors and which otherwise complies with the
requirements of Land Use Code and the City of Aspen Engineering
Department.
e. It is demonstrated that the lot line adjustment will
not affect the development rights or permitted density of the
affected lots by providing the opportunity to create a new lot for
resale or development.
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Response: No impact to development rights or density on
any of the properties in question will result from granting the
application. All of the subject properties have been through
subdivision and are subject to the limitations imposed in connec-
tion therewith. Granting of the lot line adjustment will not
create any new parcels or expand presently existing development
rights.
Conclusion
The documents appended hereto demonstrate the need for
approval of the requested lot line adjustment to correct a survey
error which creates uncertainty with respect to all of the
properties in question. Applicant has or can satisfy all of the
requirements of Article 24, Section 7-1003A. In the circumstances,
approval of the requested lot line adjustment through the City's
ordinance procedure is warranted.
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Appendices to Application for Plat Correction/Lot Line Adjustment
of
1001 Ute Avenue Partnership
A. Land Use Application Form
B. Pre-Application Form
C. Power of Attorney authorizing Richard Y. Neiley, Jr. to submit
Application
D. Title policy and Deed demonstrating ownership
E. Survey of 1001 Lode Mining Claim prepared by Aspen Survey
Engineers dated, November 15, 1990
F. Copy of plat of 1010 Ute Subdivision recorded in Plat Book 19
at Page 80 on June 19, 1987
G. Copy of plat of Hoag Subdivision recorded in Plat Book 4 at
Page 218 on November 5, 1971
H. Copy of letter from Richard Y. Neiley, Jr. to Chuck Roth with
attached indexes to chain of title for 1001 Lode Mining Claim
and Hoag Subdivision dated, May 31, 1991
I. Copy of letter from Louis Buettner to Chuck Roth dated, June
13, 1991
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EllHIBIT "A"
LEGAL DESCRIPTION
A portion of the 1001 LODE HINING Ct.AIM USMS #1741 situated in Section 18, Township 10
South, Range 84 West of the Sixth Principal Meridian lOC>re particularly described as
follCMS: '
BEGINNING at Corner No.3 of the 1001 Lode, I1S 1741 whence an iron post with brass cap
affixed for Corner No.1 of Aspen Townsite Bears North 66011'30" West 132.60 feet;
thence South 47007'00" West 1000.00 feet along the Southeasterly line of said 1001
Lode to a point;
thence North 45.10'00" West 300.00 feet along the Northeasterly line of that land
described in Book 390 at Page 897 of the Clerk and Recorders Office of Pitkin County,
Colorado to a point on the Northwesterly line of said 1001 Lode;
thence North 47.07'00" East 966.65 feet along the Northwesterly line of said 1001 Lode
to a point on the Southwesterly line of the Ute Addition to the City of Aspen;
thence along said Southwesterly line of the Ute Addition South 39. 57'22" East 178.31
feet to said Corner No. 1 Aspen Townsite;
thence North 28026'00" East 49.54 feet along the Southeasterly line of Lot 1 Ute
Addition to the City of Aspen said line also beir'lJ between Corner No. 1 and 2 of the
Aspen Townsite boundary, to a point on the Northeasterly line of said 1001 Lode Claim
South 45 10' 00" East 137.64 feet along the Northeasterly line of said 1001 Lode to
Corner No. 3<t:b the point of Beginning. .
AND also a Tract of Land situated in the SE 1/4 NW 1/4 of Section 16,
T=sh.ip 10 South, Range 64 West of the Sixth Principal Meridian, Pitkin County,
Colorado being JlX)re particularly des=ibed as follCMS:
SEGINNING at Corner No.3 of the 1001 Lode M.S. 1741, whence Corner No. 1 of Aspen
['ownsite bears North 66011'30" West 132.50 feet;
:hence North 47007'00" East 2.20 feet along the Northwesterly line of Lot 1. Haag
lubdivision to a point on the Southerly Right-Of-way of Ute Avenue;
:hence North 33.48'30" West 149.99 feet along said Right-Of-Way to a point on Line 1-2
,f said Aspen Townsite;
hence South 26026'00" West 33.06 feet along said Line 1-2 to a point on Line 3-4 of
<aid 1001 Lode;
hence South 45010'00" East 137.64 feet along said Line 3-4 to the point of Beginning.
. .
0UNl'lI' OF PITKIN, STATE OF COLORAOO
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The foregoing LimiteQ ~ower of Atto}~ey was JCknowledged
and signed before me this..65 day of June---.199'O, by PETER
COVENTRY.
WITNESS my hand and officia _9seal.
My commission expires: fi/12::
Notary Pu
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Insurance @rporation IRlEClE~VlElO
MAR' O! ,qgc;
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NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
Policy Number
85-01-097689
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF
THE CONDITIONS AND STIPULATIONS HEREOF, LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation,
herein called the 'Company, insures, as of Date of Policy shown in Schedule A. against loss or damage, not exceeding the
amount of insurance stated in Schedule -A. - and 'costs, attorneys' fees and expenses which the Company may become
obligated to pay hereunder, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
2. Any defect in or lien or encumbr.~nce on such title;
3. lack of a right of access to and from the land: or
4. Unmarketability of such title.
IN WITNESS WHEREOF the Company has caused this policy to be signed and sealed, to be valid when Schedule A is
countersigned by an authorized officer or agent of the Company, all in accordance with its By~Laws.
kwyers lltle InsUlfillre @rporation
By: 01 MC' J~~
Q.. \ 91'. I 11.._ PreSident
Attest: v-r V'" ill....,
liIsecretary,
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Policy 85/99 Litho in U.S.A
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,Cover Sheet ALTA Owner's PoliCy Form B - 1970
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EXCLUSIONS COVERAGE
The following matters are expressly excluded fr~e coverage of this policy: ~,
1. (a) Governmental police power. ~/ <,_~"i;i
, (b) Any law, ordinance or governmental regulation relating to environmental protection.
(c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating
or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or
hereaher erected on the land, or prohibiting a separation in ownership or a change in the dimensions or area of the land or any parcel of
which the land is or was a part.
(d) Tne effect' of any violation of the matters excluded under (a), (b), or (c) above, unless notice of a defect, lien or encumbrance resulting
from a. violation has been recorded at Date of Policy in those records in which under state statutes deeds, mortgages, lis pendens, liens or
other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge;
provided, however, that without limitation, such records shall not be ~onstrued to include records in anyof the offices of federal, state or
local environmental protection, zoning, building, health or public safety authorities.
2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not
known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such
claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to
the date such insured claimant became an insured hereunder; (c) resulting in "no loss or damage to the insured claimant; (d) attaching or
created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had
paid value for the estate or interest insured by this policy.
CONDITIONS AND STIPULATIONS
1, Definition of Terms
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any
rights or defenses the Company may have had against the named
insured. those who succeed to the interest of such insured by operation
of law as distinguished from purchase including, but not limited to.
heirs, distributees, devisees, survivors, personal representatives, next
of kin, or corporate or fiduciary successors.
(bl "insured claimant": an insured claiming loss or damage
hereunder.
(c) "knowledge"; actual knowledge, not constructive knowledge or
notice which may be imputed to an insured by reason of any public
records.
(d) "land": the land described, specifically or by reference in
Schedule A, and improvements affixed thereto which by law constitute.
real property; provided, however, the term "land" does not include any
property beyond the lines of the area specifically described or referred
to in Schedule A. nor any right, title, interest, estate or easement in
abutting streets, roads, avenues, alleys, lanes, ways or waterways, but
nothing herein shall modify or limit the extent to which a right of
access to and from the land is insured by this policy.
(e) "mortgage": mortgage, deed or trust, trust deed, or other
security instrument.
(f) "public records": those records which by law impart constructive"
notice of matters relating to said land.
2. Continuation of Insurance after Conveyance of Title
The Coverage of this policy shall continue in force as of Date of Policy
in favor of an insured so long as such insured retains an estate or
interest in the land, or holds an indebtedness secured by a purchase
money mortgage given by a purchaser from such insured, or so long as
such insured shall have liability by reason of covenants of warranty
made by such insured in any transfer or conveyance of such estate or
interest; provided, however. this policy shall not continue in force in
favor of any purchaser from such insured of either said estate or
interest or the indebtedness secured by a purchase money mortgage
given to such insured.
3. Defense and Prosecution of Actions-Notice of Claim to be
given by an Insured Claimant
(a) The Company, at its own cost and without undue delay, shall
provide for the defense of an insured in all litigation consisting of
actions or proceedings commenced against such insured or a defense
interposed against an insured in an action to enforce a contract for a
sale of the estate or interest in said land, to the extent that such
litigation is founded upon an alleged defect, lien, encumbrance, or
other matter insured against by this policy.
(b) The insured shall notify the Company promptly in writing (i) in
case any action or proceeding is begun or defense is interposed as set
forth in (a) above, (ii) in case knowledge shall come to an insured
hereunder of any claim of title or interest which is adverse to the title
to the estate or interest, as insured, and which might cause loss or
~amage for which the Company may be liable by virtue of this policy, or
(Iii) if title to the estate or interest, as insured, is rejected as
unmarketable. If such prompt notice shall not be given to the Company,
then as to such insured all liability of the Company shall cease and
ter"!1inate in regard to the matter or matters for which such prompt
~ 0"," _e isr,eql,lired; provided, however, that f,ailIJ.I..' to notify shall in no
.~ case prjeh,:dice the rights of any such insured ' . r this policy unless
:i;::,th.e t;9mpany f\..l,al~ be prejudiced by such faBu nd then only to the
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(c) The Company shall have the right at its own cost to institute and
without undue delay prosecute any action or proceeding or to do any
other act which 'in its opinion may oe necessary or desirable to
establish the title to the estate or interest as insured, and the Company
may take any appropriate action under the terms of this policy,
whether or not it shall be liable thereunder. and shall not thereby
concede liability or waive any provision of this policy.
(d) Whenever the Company, shall h~ve brought any .action ';lr
,_ interposed a defense as required or permitted by th~ .proytslon of ~hlS
':<':~~~:::"."::- policy, the Company may pursue any. s':lc~ !ttlgatlon to fmal
determination by a court of competent JUriSdIction and expressly
reserves the right. in its sole discretion, to appeal from any adverse
::;- judgment or order.
',,'i;},(e) In all cases where this policy permits or requires the Company to
:,t< prosecute or provide for the defense of any action or proceeding. the
""insured hereunder shall secure to the Company the right to so
prosecute or provide defense in such action or proceeding, and' all
appeals therein, and permit the Company to use, at its option, the
name of such insured for such purpose. Whenever requested by the
COfl'lpany, such insured shall give the Company all reasonable aid. in
t:-:anY:,such action or prcx:eeciing. in effe,cting settle':1ent, secur!ng
';r"evidence, obtaining witnesses, or prosecutmg or defend!ng such actIon
'~or proceeding, and the Company shall reimburse such Insured for any
~':: expense so incurred.
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4. Notice'Of Loss-Umitation of Action
In addition to the notices required under paragraph 3(b) of these
Conditions and Stipulations,. a statement in writing of anY,loss .or
damage for which it is claimed the Company is liable under thIS polley
shall be furnished to the Company within 90 days after such loss or
damage shall have been determined and no right of action shall accrue
to an insured claimant until 30 days after such statement shall have
been furnished. Failure to furnish such statement of loss or damage
shall terminate any liability of the Company under this policy as to such
loss or damage.
6. Options to Payor Otherwise Settle Claims
The Company shall have the option to payor otherwise sen!e for or in
the name of an insured claimant any claim insured agamst or to
terminate all liability and obligations of the Company hereunder ~y
paying or tendering payment of the am9untof insurance,un.der thIS
'policy together with any costs, attorneys fees a nd expenses l~curred
up to the time of such payment or tender of payment, by the Insured
claimant and authorized by the Company,
6. Determination and Payment of loss
(a) The liability of the Company under this policy shall in no case
exceed the least of:
(i) the actual loss of the insured claimant; or
(ii) the amount of insurance stated in Schedule A. .
(b) The Company will pay. in addition to any loss insured a~amst by
this policy, all costs imposed upon an insured in litigation earned on by
the Company for such insured, and all costs, attorneys' fees and
expenses in litigation carried on by such insured with the written
authorization of the Company. . .'
(c) When liability.' 'been- definitely fixed in accordance 'vYtt,~ the
conditions of this pt the loss or damage shall be payable wltl)jn 30
days thereafter,.,,':'::":::::>"':' ,::,.<;>..,~"..,,>....... . .... .. ./<
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Insurance @rporation
NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
SCHEDULE A-cMNER' S POLICY
CASE NUMBER
l?CT-2472
DATE OF POLICY
01/27/89 @ 4:44 P.M.
AMOUNT OF INSURANCE
$ 1.075.000.00
POLICY NUMBER
85-D1-Q97689
1. NAME OF INSURED:
1001 UTE AVENUE PARTNERSHIP, A COLORADO GENERAL PARTNERSHIP
2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS:
IN FEE SIMPLE
3. THE ESTATE OR ThJ:~"'!' ~~ TO HEREIN IS AT DATE OF POLICY "&;lUJ IN:
1001 UTE AVENUE PARTNERSHIP. A COLORADO GENERAL PARTNERSHIP
4. THE LAND R~l!'=ru:;u TO IN THIS POLICY IS DESCRIBED AS FOI:.J:DtlS:
PLEASE REFER TO EXHIBIT "An ATTACHED HERETO AND MADE A PART HEREOF
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Colm rs thorized Agent
PITKIN COUNTY TITLE. me.
601 E. HOPKINS AVE.
ASPEN. COLORADO 81611
(303) 925-1766
THE PO):.ICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE
COVER SHEET.
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Insurance @rporlfiion
NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
EXHIBIT "A'L,
LEGAL DESCRIPTION
",i~.:
A portion of the 1001 LODE MINING CLAIM USMS #1741 situated in Section 18. Tc.wnship 10
South, Range 84 West of the Sjxth Principal Meridian llOre particularly described as
follows:
BEGINNING at Corner No. 3 of the 1001 Lode. MS 1741 whence an iron post with brass cap
aff ixed for Corner No. 1 of Aspen TaoInsi te Bears North 66011' 30" West 132.60 feet;
thence South 47007'00" West 1000.00 feet along the Southeasterly line of said 1001
Lode to a point;
thence North 45010'00" West 300.00 feet along the Northeasterly line of that land
described in Book 390 at Page 897 of the Clerk and Recorders Office of Pitkin County,
Colorado to a point on the Northwesterly line of said 1001 Lode;
thence North 47007'00" East 968.65 feet along the Northwesterly line of said 1001 Lode
to a point on the Southwesterly line of the Ute Addition to the City of Aspen;
thence along said Southi'lesterly line of the Ute Addition South 390 57'22" East 178.31
feet to said Corner No. 1 Aspen TCMI'lSi te;
thence North 28028'00" East 49.54 feet along the Southeasterly line of Lot 1 ute
Addition to the City of Aspen said line also being between Corner No.1 and 2 of the
Aspen Tcwnsite boundary. to a point on the Northeasterly line of said 1001 Lode Claim
South 45 10'00" East 137.64 feet along the Northeasterly line of said 1001 Lode to
Corner No. 3 to the point of Beginning.
AND also a Tract of Land situated in the SE 1/4 NW 1/4 of Section 18,
Township 10 South. Range 84 West of the Sixth Principal Meridian. Pitkin County,
Colorado being llOre particularly described as follows:
BEGINNING ~t Corner No.3 of the 1001 Lode M.S. 1741. whence Corner No. 1 of Aspen
Townsite bears North 66011'30" West 132.50 feet;
thence North 47007'00" East 2.20 feet along the Northwesterly line of Lot 1. Haag
Subdivision to a point on the Southerly Right-Of-way of Ute Avenue;
thence North 33048'30" West 149.99 feet along said Right-Of-way to a point on Line 1-2
of said Aspen TaoInsite;
thence South 28028'00" West 33.08 feet along said Line 1-2 to a point on Line 3-4 of
. said' 1001 Lode;
thence South 45010'00" East 137.64 feet along said Line 3-4 to the point of Beginning.
COUN':tY OF PITKIN. STATE OF COLORADO
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I~nce @rporation
NATIONAL HEADOUARTERS
RICHMOND, VIRGINIA
SCHEDULE B-CMNERS
CASE NUMBER
PCT-2472
DATE OF POLICY
01/27/89 @ 4:44 P.M.
POLICY NUMBER
85-01-097689
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLCM:NG:
1. Rights or claj,ms of parties in possession not shcwn by the public records.
2. Easements, or claims of easements, not shcwn by the public I'eC01:'ds.
3. Discr~1Cies, conflicts in boundary lines. shortage in area. encroachments. and arr<f
facts which a correct survey and inspection of the premises would disclose and which
are not shown by the public records.
4. ArYf lien. or right to a lien. for sezvices, labor, or material heretofore or hereto-
after furnished. ;"'rosed by law and not shcwn by the public records.
5. Unpatented mining claj,ms, reservations or exceptions in patents or in Acts authoriz-
ing the issuance thereof: water rights. claims or title to water.
6. Taxes for the year 1989 not yet due or payable.
7. Reservations and exceptions as contained in United States Patents recorded May 1.
1884 in Book 11 at Page 97 and August 29. 1949 in Book 175 at Page 299.
8. A portion of the 1001 Lode Mining Claim. U.S.M.S. #1741 conveyed to Smuggler-Durant
Mining Corporation by Deed recorded in Book 390 at Page 896 and described as
follows:
BEGINNING at Corner No. 1 of said Claim whence the U.S.I..M. "Ute
No.4" bears North 32 18'54" East 2928.3 feet;
thence South 45010' East 300.00 feet;
thence North 47007' East 500.00 feet;
thence North 45010' West 300.00 feet:
thence South 47007' West 500.00 feet to the point of Beginning.
9. Estate created by AgIeemeht recorded October 30. 1979 in Book 378 at Page 419
between Destination Resorts-Aspen, Ltd., and Smuggler-Durant Mining Cohq;lcu..y;
Assignment of Leasehold Interest recorded JUne 14. 1983 in Book 447 at Page 88 from
Destination Resorts-Aspen. Ltd., and the Gant Condominium Association. Inc.. and
Amendment to Agreeme:ut recorded June 15. 1983 in Book 447 at Page 90.
10. ArYf overlap or encroac:hrnent of the Aspen Townsite or Ute Addition thereto or arr<f
.improvements located thereon.
11. Access F;o~t AgIeement recorded June 15. 1983 in Book 447 at Page 100 betwaen
Harley Baldwin and the Gant Condominium Association. Inc.
12. Right-Of-way for Ute Avenue.
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Insurance @rporation
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NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
13. Deed of Trust from : 1001 UTE AVENUE PARTNERSHIP. A COLORADO GENERAL PARTNERSHIP
to the Public Trustee of Pitkin County
for the use of CENTRAL BANK OF ASPEN. N.A., IT'S SUCCESSORS AND/OR ASSIGNS
to secure $700.000.00
dated JANUARY 27. 1989
recorded. JANUARY 27, 1989 IN BOOK 584 AT PAGE 696
I~ptian no. 308297
1OO.;.t:J;'1'IONS NUMBERED NONE ARE HEREBY OMITTED.
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CONDITIONS AND STIPULATIONS-CONTINUED
7. Limitation of Liability
No claim shall arise or be maintainable under this policy (a) if the
Company, after having received notice of an alleged defect. lien or
encumbrance insured against hereunder, by litigation or otherwise,
removes such defect, lien or encumbrance or establishes the title, as
insured. within a reasonable time after receipt of such notice; (h) in the
event of litigation until there has been a final determination by a court of
competent jurisdiction. and disposition of all appeals therefrom. adverse
to the title. as insured. as provided in paragraph 3 hereof; or (c)for liability
voluntarily assumed by an insured in settling any claim or suit without
prior written consent of the Company,
a.Reduction of Liability
'All payments under this policy, except payments made for costs,
attorneys' fees and expenses, shall reduce the amount of the insurance
pro tanto. No payment shall be made without producing this policy for
endorsement of such payment unless the policy be lost or destroyed, in
which case proof of such loss or destruction shall be furnished to the
satisfaction of the Company.
11, Subrogation Upon Payment or Settlement
Whenever the Company shall have settled a claim under this policy, all
right of subrogation shall vest in the Company unaffected by any act of the
insured claimant. The Company shall be subrogated to and be entitled to
all rights and remedies which such insured claimant would have had
against any person or property in respect to such claim had this policy not
been issued, and if requested by the Company, such insured claimant
shall transfer to the Company all rights and remedies against any person
or property necessary in order to perfect such right of subrogation and
shall permit the Company to use the name of such insured claimant in any
transaction or litigation involving such rights or remedies. If the payment
does not cover the loss of such insured claimant, the Company shall be
subrogated to such rights and remedies in the proportion which said
payment bears to the amount of said loss. If loss should result from any
act of such insured claimant, such act shall not void this policy, but the
Company, in that event, shall be required to pay only that part of any
losses insured against hereunder which shall exceed the amount, if any,
lost to the Company be reason of the impairment of the right of
subrogation.
9. LiabiHty Noncumulative. . ..' __<,:,,':3!-::f:;::':~::':'~:"'\ ':
It is expressly understood that the amount of insurance u!:lge!~~b}s..::t:'v:'~::~;:',..:'. : (,''''" "'-
pol!cy ~hall ,be r~duced by any amount the Company may I?ay under.any '. "t.~'_<::::!~~:.,;?:~:,.~~:.~,~."
polICY Ins~nn~ elt~er (a) a mortgage ~hown or referred to ~n Sc~edule B 12w liability limited to this Policy
hereof whIch IS a hen on the estateor.lOterestco~ere.d by this POlICY: cr(~L.~f':-;:;c;_j". This instrument together with all endorsements and other instruments,
a mortgage he~eafter execut~d by an Insured wh!ch IS a chargeorherronh ':'j.;~;\ ,if.any. .attached hereto by the Company is the entire policy and contract
the estate or I!"lterest descnbed or referred to en Sched~le A, .and the;,("" t)etween the insured and the Company.
amount so paid shall be de.emed a payment under thiS po!Jcy~ The Any claim of loss or damage. whether or not based on negligence, and
Company shall have the optIon t~ apply to the payment of any such WhiCh arises out of the status of the title tothe estate or interest covered
~ortgages any amount that othe~wlse would be payable.here~nderto the hereby or any action asserting such claim, shall be restricted to the
Insured owne~ of the estate or Interest covered by thl~ poll~y and t~e provisions and conditions and stipulations of this policy.
~mount so paId shari be deemed a payment under thIS poliCY to saId No amendment of or endorsement to this policy can be made except by
Insured owner. ,~.' writjl1g .endorsed hereon or attached hereto signed by either the
President. a Vice President. the Secretary. an Assistant Secretary. or
validating officer or authorized signatory of the Company.
10. Apportionment
If the land described in Schedule A consists of two or more parcels
which are not used as a single site. anda loss is established affecting one
or more of said parcels but not all, the loss shall be computed and settled -"
. on a pro rata basis as if the amount of insurance under this policy ~
divided pro rata as to the value on Date of Policy of each separate parcel to
the whole, exclusive of any improvements made subsequent to Date of
Policy, unless a liability or value has otherwise been agreed upon as to
each such parcel by the Company and the insured at the time of the
issuance of this policy and shown by an express statement herein or by an
endorsement attached hereto.
13. Notices. Where Sent
All notices required to be given the Company and any statement in
writing required to be furnished the Company shall include the number of
this policy and shall be addressed to its Corporate Headquarters, 6630
West Broad Street, Richmond, Virginia, mailing address: P.O. Box 27567.
Richmond. Virginia 23261.
kwyers Title Insurance C9rporation
National Headquarters - Richmond, Virginia
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BOOK 584 P4GE691
EXHIBIT "B"
Exceptions of Title
1. Taxes for the year 1989.
~2.
Reservations and Exceptions as contained in United States
Patents recorded May I, 1884, in Book 11 at Page 97, and
August 29, 1949, in Book 175 at Page 299.
3. A portion of the 1001 Load Mining Claim, U.S.M.S. #l741
conveyed to Smuggler-Durant Mining Corporation by Deed
recorded in Book 390 at Page 896 and described as follows:
BEGINNING at corner No.1 of said claim whence the 'U.S.L.M.
"Ute No.4" bears North 32 degrees, 18 minutes, 54':seconds
East, 2928.3 feet; _.
THENCE South 45 degress, 10 minutes East 300.00 feet;
THENCE North 47 degrees, 7 minutes East 500.00 feet;
THENCE North 45 degress, 10 minutes West 300.00 feet;
THENCE South 47 degress, 7 minutes West 500.00 feet to the
point of beginning.
4.
Estate created by Agreement recorded October 30, 1979, in
Book 378 at Page 419 between Destination Resorts _ Aspen,
Ltd. and Smuggler-Durant Mining Corporation; Assignment of
Leasehold Interest recorded June 14, 1983, in Book 447 at
Page 88 from Destination Resorts - Aspen, Ltd., and The Gant
Condominium Association, Inc., an Amendment to Agreement
recorded June IS, 1983, in Book 447 at Page 90.
S.
Any overlap or encroachment of the Aspen Town Site or Ute
Addition thereto or any improvements located thereon.
6.
Access Easement Agreement
Book 447 at Page 100 between
Condominium ASSociation, Inc.
recorded June 15, 1983, in
Harley Baldwin and The Gant
7. Right-of-Way for Ute Avenue.
201 North Mill Street, Suite 102
Aspen, Colorado 81611
Richard Y. NeUey, Jr., RC.
Eugene M. Alder, P.C.
FAX Number
(303) 925-9396
(303) 925.9393
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HAND DELIVERY
Mr. Chuck Roth
City Engineering
130 South Galena
Aspen, Colorado
Department
Street
81611
Re: 1001 Lode Mining Claim/Lot I, Hoag Subdivision
Dear Chuck:
This letter is a follow-up to the meeting I had with you
and John Worcester of the City Attorney's Office at the beginning
of this month regarding the above properties. Lot 1, Hoag Sub-
division is now a city park, having been conveyed to the City at
the time of the creation of the Ten Ten Ute Subdivision. As we
discussed, the plat of the Hoag Subdivision and a monument placed
on the west boundary of the subdivision between Lots 1 and 3
results in an encroachment of approximately two feet onto the 1001
Lode Mining Claim which is owned by my client, 1001 Ute Avenue
Partnership.
As you will recall, I advised you that we would like to
resolve the encroachment by the receipt of a Quit Claim Deed from
the City of Aspen covering the two foot strip. We believe this is
an appropriate resolution of the dispute inasmuch aS,the chain of
title on the properties I believe clearly establishes the priority
of the 1001 claim. I am enclosing herewith a copy of the Plat of
the 1001 Lode prepared by Dave McBride. I have highlighted the
encroachment in yellow. You will note the monument placed at the
southwest corner of Lot 1 of the Hoag Subdivision where it adjoins
the 1001 Lode. According to Dave McBride, this monument was placed
by Jerry pesman at the time that the Hoag Subdivision was laid out.
I am also enclosing herewith copies of all documents in
the chain of title of Hoag Subdivision and the 1001 Lode which were
compiled on our behalf by Aspen Title Corporation. If you wish to
confirm that these documents are comprehensive, you or someone on
your behalf can contact Norm Larkins or Lynn Dycio of Aspen Title
Corporation at 920-4050.
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Letter to Mr. Roth
May 31, 1991
Page 2
Yesterday, I ran into Lou Buetner at the title company
while I was continuing to pursue this matter. Lou is familiar with
the two-foot overlap. As you mentioned that the City might retain
him to review this on your behalf, I took the liberty of briefly
discussing with him the status of the boundary issues. He indi-
cated that he would need copies of all pertinent title documents to
conduct any review. In addition to the title documents and the
plat, I am providing herewith an index of all of the pertinent
documents with a brief description of what they are.
Subsequent to our meeting at the beginning of May, I
thought we had worked out a mechanism to resolve this problem with
the title company. As of yesterday morning, I discovered that the
only mechanism that is acceptable to any of the title companies or
their underwriters will be a conveyance of the two-foot strip by
Quit Claim Deed. The strip in question is approximately two feet
in width and 389.06 feet in length or approximately. 778 square
feet. Although this is a small parcel of land, it has caused an
issue regarding a sale of the 1001 Lode which is scheduled to close
on June 20, 1991. I appreciate that the three week period between
the date of this letter and closing does not provide a significant
amount of time for your review. However, whatever you can do to
resolve this prior to June 20, 1991 would be greatly appreciated.
In reviewing the title documents, I believe the following
conclusions can be reached. The 1001 Lode was created by the
issuance of a Patent from the U.S. government which was recorded on
May 1, 1884. From that date forward, the 1001 Lode was conveyed to
various owners on a number of occasions and was the subject of a
quiet title action vesting title in the Durant/Galena Mining
Corporation pursuant to Decree recorded on November 8, 1979 which
included a quieting of any claims of any persons whatsoever in the
real property. I believe this quiet title action eliminated any
claim that may have existed in connection with the platting of the
Hoag Subdivision.
Notwithstanding the quiet title action, appears the
mining claim remained intact until June 25, 1988, when the then
owner Harley Baldwin conveyed approximately a third of the upper
portion of the claim to the Durant/Galena Mining Corporation. The
lower portion of the claim and all that which is currently within
the City limits remained intact.
On February 21, 1984, Harley Baldwin conveyed the 1001
Lode to Aspen Development and Construction Company and included
Parcel "A" which is comprised of all of the lower portion of the
original 1001 Lode and Parcel "B" which is a small triangular wedge
of land between the Lode and Ute Avenue which was apparently ob-
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Letter to Mr. Roth
May 31, 1991
Page 3
tained by Mr. Baldwin to insure legal access to the Lode. Parcel
"B" is not affected by the encroachment.
On January 27, 1989, my client, the 1001 Ute Avenue
Partnership, acquired title to the claim. The Deed by which my
client obtained title to the property contains a specific legal
description of the 1001 Lode prepared by Dave McBride. It is his
position that the legal description is accurate and consistent with
the historical' location of the mine claim. Please feel free to
contact him if you feel it is necessary.
With respect to the Hoag Subdivision, the chain of title
provides some interesting reading. The first record conveyance of
any interest in the property underlying the Hoag Subdivision is a
Warranty Deed from William Hoag to a David G. Miller which was
issued and recorded on July' 14, 1886. At the time this Deed was
issued, no patent had been received by Mr. Hoag from the U.S.
government. Mr. Miller subsequently conveyed his interest to
Jerome B. Wheeler. A portion of Mr. Wheeler's interest was con-
veyed to George E. Ross Erwin Trustee by Deed dated July 2, 1894.
Thereafter, you will find a document recorded in Book 175, Page 299
which is a u.s. Patent in favor of William Hoag. This Patent was
apparently issued on July 3, 1911. However, it does not appear to
have been delivered or recorded until August 26, 1949. Thus, at
the time of Mr. Hoag's initial conveyance, he had not yet received
ownership of the property.
In any event, no additional conveyances of the property
occurred until 1956 when Pitkin County acquired title by Trea-
surer's Deed on December 15 of that year. Thereafter, James
Blanning procured deeds from the heirs of Jerome B. Wheeler and
from the successor of the Erwin Trust. These deeds were acquired
in 1966. He then caused a quiet title action to be commenced, but
only against Pitkin County Commissioners and recorded a Lis Pendens
on January 5, 1968 and an Amended Lis Pendens on March 4, 1968.
The Amended Lis Pendens has a legal description prepared by Jerry
Pesman which, for the first time, references a specific legal
description tying the Hoag property into the 1001 Lode Mining
Claim. The Court quieted title in favor of Mr. Blanning by
judgment recorded on September 12, 1969.
On February 26, 1971, Mr. Blanning conveyed the property
in question to Fritz Benedict and Fred Larkin, also referencing a
legal description tying into the 1001 Lode. Messrs. Blanning,
Benedict and Larkin then caused the Hoag Subdivision to be created.
The Hoag Subdivision was platted, the legal descriptions were
provided by Jerry Pesman, and the plat was recorded with approval
of the City on November 5, 1971.
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Letter to Mr. Roth
May 31, 1991
Page 4
In my discussions with Dave McBride, he has stated to me
that he believes Jerry Pesman's legal description and survey were
simply erroneous and that the resulting Hoag Subdivision is laid
out in such a fashion that the encroachment onto the 1001 Lode as
described on the plat provided herewith Occurred.
The history of the 1001 Lode dates back to 1884. At
best, the land underlying the Hoag Subdivision was first conveyed
in 1886. The comprehensive quiet title decree covering the 1001
Lode, recorded November 8, 1979 in Book 378 at Page 977, resolved
any issues regarding the 1001 Lode in favor of the historic boun-
daries.
In the circumstances, we feel that it is appropriate to
resolve this dispute by my client's receipt of a Quit Claim Deed
from the City. If you could review the enclosed documents, advise
me of any additional information or assistance I can provide, and
get back to me regarding your view of this matter at your earliest
convenience, I would greatly appreciate it. Thank you for your
attention to this matter.
Very truly yours,
RYN/agk
Enclosures
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Louis H. Buettner Surveying
0040 West Sopris Creek Road
Basalt, Colorado 81621
(303-927-3611)
. Juhe 1~."" n~{1
City of Aspen
Engineering Department
130 South Galena Street
Aspen, Colorado 81611
Att: Chuck Roth
Re: 1001 Lode Mining Claim/Out Parcel A 1010 Ute Subdivision
(old Lot I, Hoag Subdivision)
Dear Chuck
This letter is in answer to your request for me to look at
the above property disagreement.
The first thing I would like to say is:
You can not have a overlap of property (land). You
only have overlaps of property descriptions Or property
surveys~
The above statement can be seen on the McBride (Survey
Engineers) plat, job no. 19029. The plat shows three lines, all
for the easterly boundary of the 1001 Lode. The McBride boundary
overlaps the Hoag Subdivision boundary, evidenced by his finding
of the original monument at the southwesterly corner of the old
Hoag Subdivision, Lot 1. It is interesting to note that Mr
Wilson, on the 1010 Ute Subdivision, states by symbol that he set
a no. 5 rebar with aluminum cap LS 15710 for this angle point,
and did not show the original monument. Apparently Mr McBride
did not find either monument set for the Out Parcel A (formerly
Lot 1 Hoag Subdivision) as shown on the 1010 Ute Subdivision
Plat. The Bureau of Land Management boundary is a replacement of
an earlier established line, yet it is 13 feet westerly, of the
McBride boundary and 11 feet westerly of the Hoag Subdivision
boundary.
The judgment recorded in book 243 at page 235 places Ute Ave
and Corner no. 3 of the 1001 L~de as depicted on the Hoag
Subdivision Plat, the best as I can read the ~upplied document.
The Board of County Commissioners was Title hol~er to the 1001
Lode by a Treasurer's Deed at the time of the court action. Th~
property descriptions on the Judgment would lead me to think that
the intent was to have a common boundary between ,the properties
of the Hoag Subdivision and 1001 Lode.
Based on the documents supplied, (some of the documents of
the chain are missing), I feel that a deed of any kind is not
needed for this problem. The sole problem is the lack of survey
control in and around the City of Aspen. As I stated at the
first I feel this'is a 'survey location'problem.'
I
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I believe there is a common boundary between the 1001 Lode and
the City property Out Parcel A of 1010 Ute Subdivision. If there
would be ,a deeding of the two (2) foot strip shown on the Mcbride
plat from the City or to the City, I believe it would be a giving
of property,
If you have any questions, please feel free to call.
I have included all the documentation that was supplied to
me and hope you will include it in your file. If you do not wish
to maintain this file, I will.
Sincerely
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~ Louis H. Buettner
LS 13166
enclosures
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INDEX TO TITLE DOCUMENTS
1001 LODE MINING CLAIM
1. Patent from U.S. government to David M. Hyman, recorded May 1,
1884 - Book 11, Page 97
2. Deed of Trust covering 1001 Lode and other properties, dated
March 3, 1892 and recorded in Book 87 at Page 445
3. Mining Deed from David H. Moffat and David R. C. Brown to the
Mt. Sopris Mining and Drainage Company, dated June 30, 1896 _
Book 121, Page 509
4. Trustee's Deed to David H. Moffat and D. R. C. Brown, recorded
June 2, 1896 - Book 138, Page 48
5. Mining Deed from The Enterprise Mining Company to the Durant
Mining Company, dated March 18, 1907 - Book 145, Page 134
6. Quit Claim Deed from D. M. Hyman to the Durant Mining Company,
dated August 16, 1909 - Book 147, Page 256
7. Conveyance from the Durant Mining Company to the Smuggler
Leasing Company covering 1001 Lode and numerous other claims,
dated August 1, 1913 - Book 154, Page 267
8. Mining Deed from Smuggler Leasing Company to Smugger-Durant
Mining Corporation, recorded February 25, 1939 - Book 167,
Page 92
9. Treasurer's Deed, dated August 2, 1949, conveying the 1001
Lode to Pitkin County - Book 178, Page 21
10. Decree in Quiet Title Action No. 5027 between Smuggler-Durant
Mining Corp . and numerous defendants, recorded November 8,
1979 - Book 378, Page 977*
II. Receipt and Option Contract between Smuggler-Durant Mining Co.
and Harley Baldwin, recorded April 16, 1980 - Book 387, Page
761
12. Warranty Deed from Smuggler-Durant Mining Corporation to
Harley Baldwin, recorded April 16, 1980 - Book 387, Page 766
13. Quit Claim Deed from Harley Baldwin to Smuggler-Durant Mining
Corporation coyeringthe upper one-third of the 1001 Lode,
recorded June 27, 1980 - Book 390, Page 896
14. Special Warranty Deed from Smuggler-Durant Mining Corporation
to Aspen Skiing Company covering numerous mining claims
including the upper one-third of the 1001 Lode, recorded
November 2, 1983 - Book 454, Page 768
15. Quit Claim Deed from Smuggler-Durant Mining Corporation to
Aspen Skiing Company covering upper one-third of 1001 Lode,
recorded November 2, 1983 - Book 454, Page 772
16. Special Warranty Deed from Harley Baldwin to Aspen Development
and Construction Company, recorded February 21, 1984 - Book
461, Page 324
17. Special Warranty Deed from Aspen Development Construction
Company to 1001 Ute Avenue Partnership, dated January 27, 1989
- Book 584, Page 689
* Decree in quiet title action confirming title in predecessor in
interest.
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INDEX TO TITLE DOCUMENTS
HOAG SUBDIVISION
1. Deed from William Hoag to David G. Miller, dated July 14, 1886
- Book 3, Page 147
2. Deed from David G. Miller to Jerome B. Wheeler, dated August
13, 1886 - Book 73, Page 316
3. Deed from Jerome B. Wheeler to George E. Ross Erwin, Trustee
dated July 2, 1894 - Book 115, Page 414
4. 'patent from U. S. Government to William Hoag, dated July 3,
1911 and August 16, 1949 and recorded on August 26, 1949 _
Book 175, Page 299
5. Treasurer's Deed to Pitkin County, dated December IS, 1956 _
Book 178, Page 383
6. Quit Claim Deed from John M. Cable (heir of Jerome Wheeler),
recorded October 27, 1966 - Book 223, Page 412
7. Quit Claim Deed from Horace W. Rupp (heir of Jerome Wheeler),
recorded October, 27, 1966 - Book 223, Page 413
8. Quit Claim Deed from John Jerome Rupp (heir of Jerome Wheel-
er), recorded October 27, 1966 - Book 223, Page 414
9. Quit Claim Deed fro;m Northern Trust Company to James C.
Blanning, recorded January 3, 1967 - Book 225, Page 60
10. Quit Claim Deed from Matthew Obleck, Jr. to James C. Blanning,
recorded January 27, 1967 - Book 225, Page 292
11. Lis Pendens in Blanninq v. BOCC, recorded January 5, 1968 _
Book 232, Page 324
12 . Amended Lis Pendens in Blanninq v. BOCC, recorded March 4,
1968 - Book 233, Page 454
13. Statement from Northern Trust Company to James C. Blanning,
dated February 27, 1969 - Book 239, Page 690
14. Judgment in Blanninq v. BOCC, recorded September 12, 1969 _
Book 243, Page 235*
15. Quit Claim Deed from Aspen Skiing Company to James C. Blann-
ing, recorded January 26, 1971 - Book 253, Page 375
16. Deed from James C. Blanning to Benedict and Larkin, recorded
February 26, 1971 - Book 253, Page 948
17. Deed from James C. Blanning to Benedict and Larkin, recorded
February 26, 1971 - Book 253, Page 950
18. Plat of Hoag Subdivision, dated November 5, 1971 - Plat Book
4, Page 218
* J~dgment in quiet title action vesting title in B1anning.
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EXHIBIT "A"
lEGAL DESCRIPTION
584 0,,""690
BOOH ' MU~
A portion of the 1001 lode Mining Claim USMS #1741 sit.uat,ed in Se~tion
18, Township 10 South, Range 84 West of the 6th Prlnclpal Merldian
more particularly described as follows:
Beginning at Corner 'No. 3 of the 1001 lode, MS 1741 whence an iron
post with brass cap affixed for Corner NO.1 of Aspen Townsite bears
N. 660 11' 30" W.. 132.50 feet; thence S. 470 07' 00" W. 1000.00 feet
along the southeasterly line of the said 1001 lode to a point; thence
N. 450 10' 00" W. 300.00 feet along the northeasterly line of that
land described in Book 390 at Page 897 of the Clerk and Recorders
offi ce of Pitki n County, Co 1 orado to a poi nt on the northwesterly 1 i ne
of said 1001 lode; thence N. 470 07' 00" E. 968.65 feet along the
northwesterly 1 ine of said 1001 lOde to a point on the Southwesterly
line of the Ute Addition to the City of Aspen, thence along said
southwesterly 1 ine of the Ute Addition S. 39057' 22" E. 178.31 feet
to said Corner No. 1 Aspen Townsite; thence N. 280 28' 00" E. 49.54
feet along the Southeas terly 1 i ne of lot 1 Ute Addi ti on to the Ci ty
of Aspen said line also being between Corner 1 and 2 of the Aspen
Towns ite boundry, to a poi nt On the northeas terlY'l i ne of sa i d 1001
lode Claim S. 450 10' 00" E. 137.64 feet along the'northeasterly line
of said 1001 lOde to Corner NO.3 the point of beginning. Containing
6.732 acres more or less.
And also; a tract of land situated in the SE 1/4 N/w 1/4 of Section
18, Township 10 South, Range 84 West of the 6th Principal Meridian,
Pitkin County, Colorado being mOre particularly described as follows:
Beginning at Corner No. 3 of the 1001 lode, M.s. 1741, whence Corner
No, 1 of Aspen Townsite bears N. 660 11' 3D" W. 132.50 feet; thence
"N. 470 07' 00" E. 2.20 feet along the northwesterly line of Lot I,
Hoag Subdi vi s i on to a point on the Southerly ri ght-of-way of Ute
Avenue; thence N. 330 48' 3D" W. 149.99 feet along said right-of-way
to a point on Line 1-2 of said Aspen Townsite; thence S. 280 28' AD"
W. 33.08 feet along said Line 1-2 to a point on Line 3-4 of said 1001
Lode; thence S. 450 10' AD" E. 137.64 feet along sa i d Line 3-4 to the
point of beginning.
County of Pitkin, State of Colorado.
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TillS DEED, Made IlHl;as of the 27tlrlayof January
,19 89 ,
BOOK 584 pLiGEOS9 II
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SPECIAL WARRANTY DEED
ASPEN DEVELoP~lENT AND CCNSTRUCI'IQ'1 CCMPANY,
a Colorado corporation of the City of Dal'1as
County of Dallas . State of Celeruan'/grantoNS), and
Texas
1001 UTE AVENuE PAR'INERSfITp,
partnership
: ~ whose legal address is
a Colorado general
c/o Richard Y. Neiley, J:c., 600 E. Hopkins, Suite 3, Aspen, Colorado 81.611
City of
of the Aspen County of Pi tkin . State of Colorado. grantee(s):
WITNESSETH, That the grantor(s), for and in consideration oflhe Sum of $1,075,000 (ONE MILLlrn AND
: SEVENTY-FIVE THOUSA1'ID AND NO/1 OO-------------------_________JlOUARS ,) ,
. I the receipland sufficiency of which is hereby acknowledged, ha S granted. bargained. sold and conveyed. and by these presents doeS grant,
I! bargain, sell, convey and confinn, unto the grantee!s), its heirs and assigns fnrever. all the real property, together with improvements,
if any, situate, lying and being in the County of Pi tkin , State of Colorado,
described as follows:
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Those certain tracts of land as more particularly described on
Exhibit "A", attached hereto and incorporated herein for all
purposes Subject to the exceptions of title set forth on Exhibit "B"
attached hereto and incorporated herein for all pruposes.
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..IAN 2 11989
107,.00 ..
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also known by street and number as:
1001 UTE Avenue, Aspen, Colorado 81611
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and
reversions. remainder and remainders. rents; issues and profits thereof; and aU the estate, right, title. interest, claim and demand whatsoever of the
grantor(s), either in law or equity, of. in and to the above bargained premises. with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances. unto the grantee(s). its heirs and
assigns forever. The grantor(s). for its sel f ' its heirs and personaJ representatives or successors. do es covenant and agree that
it shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the granlCe(s),
its heirs and assigns, against all and every person or persons claiming the whole or any pan thereof, by, through or under the grantor(s),
IN WITNESS WHEREOF. the grantor(s) hS executed this deed on the date set forth above.
ASPEN DEVELoPMENT AND CONSTRucrrrn
CCMPAN;L~.... ", ~
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Dale C. Bullough, President
STATE O~EJEl
County of DALLAS
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Witness my hand and official seal.
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Printed Name of Notary
8/271,89
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No. 16. Rev. J.8S. SPECIAL WARRANTY DEED BradfOl'd Publishing, 5825 W. 6th Aile., Lakewood, CO 80214 _ (303) 233.6900
12-87
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(303) 925-3816
11-15-90
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