HomeMy WebLinkAboutApplication Package (Complete Scan)_3-13-19HAAS LAND PLANNING, LLC
March 7, 2019
City of Aspen
Community Development Department
130 South Galena Street
Aspen, CO 81611
RE: Insubstantial PD and Plat Amendment for 64 Pitkin Way/Lot 2, Pitkin
Reserve (Parcel Identification Number 2735-014-07-002)
To Whom it May Concern:
Please consider this letter as a request for an insubstantial amendment to the
Second Amended Plat for 64 Pitkin Way, which was recorded on February 22, 2016
at Reception No. 627222. Since the plat was last amended, the home has been
remodeled internally and externally, including various patio and landscape
improvements. Now that the remodeling has been completed and surveyed, there
are parts of the development that have been found to inadvertently extend slightly
beyond the boundaries of the approved building envelope.
There is (1) a small corner of a bench next to the hot tub, (2) the end of a screen
wall that wraps around some mechanical equipment, (3) a small part of a pre-
existing retaining wall, and (4) the lower edge of the patio walkway that all extend
just slightly beyond the confines of the envelope. The applicant is seeing to amend
the plat to include these items inside the building envelope. Although there are
other features, such as (but not limited to), (a) a footpath and associated stairs and
(b) the driveway that are also beyond the envelope boundaries, all of these features
were in existence prior to the remodel and were never required to be in the
building envelope in the first place. Each of these improvements are depicted and
numbered on the diagram below to correspond with the list/numbering provided
in this paragraph.
• 420 E. MAIN STREET, SUITE 220 • ASPEN, COLORADO • 8161 1
• PHONE: (970) 925-7819 • EMAIL: MITCH@HLPASPEN.COM
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As with the first and second amendments to the plat, equal amounts of land area
will be eliminated from and added to the building envelope (1:1), essentially
swapping areas to reconfigure the envelope in a manner more conducive to actual
as -built conditions. There will be no net gain of area within the building envelope,
thus enabling this request to be processed as an Insubstantial Plat Amendment (as
opposed to a Major Plat Amendment). Further, since the subject property is part
of an established Planned Development (PD), this proposal must also be approved
as PD Amendment.
Per the attached copy of the pre -application conference summary prepared by Jim
Pomeroy, Section 26.445.110.A of the Code provides the applicable review criteria
for this Insubstantial Amendment request and states that an insubstantial
amendment to an approved PD Detailed Review may be authorized by the
Community Development Director according to the following criteria:
64 PITKIN WAY PD/PLAT AMENDMENT (PID 2735-014-07-002) 2
1. The request does not change the use or character of the development.
2. The request is consistent zvith the conditions and representations in the
project's original approval, or otherzoise represents an insubstantial change.
3. The request does not require granting a variation from the project's allowed
use(s) and does not request an increase in the allozved height or floor area.
4, Any proposed changes to the approved dimensional requirements are limited to
a technical nature, respond to a design parameter that could not have been
foreseen during the Project Review approval, are within dimensional tolerances
stated in the Project Review, or otherwise represents an insubstantial change.
5. An applicant may not apply for Detailed Review if an amendment is pending.
The request does not change the use or character of the development (single-family
residential use). The proposal represents an insubstantial change from the project's
original approval inasmuch as the use remains single-family residential and the
total land square footage included in the building envelope will not change. The
amendment does not require a variation from the allowed uses, and is not
requesting an increase, or any change for that matter, in the allowed height or floor
area. No changes to the dimensional requirements are proposed. Total land area
in the PD is unchanged and the total area of the designated building envelope will
also remain unchanged, albeit with a slightly modified boundary.
A boundary adjustment plat that is consistent with the requirements of Chapter
26.480 will be recorded. A draft of such plat is provided herewith for review. As
such, the applicant requests that this Insubstantial Plat and PD Amendment be
approved so as to enable inclusion of the above -mentioned features within the
building envelope.
It is hoped that the provided information and responses prove helpful in the
review of this application. Should there be any questions, or should any additional
information be desired, please do not hesitate to contact me.
Truly yours,
Haas Land Planning, LLC
Mitch Haas
Owner/Manager
64 PITKIN WAY PD/PLAT AMENDMENT (PID 2733-014-07-002) 3
Insubstantial PD and Plat Amendment Application
64 Pitkin Way (PID 2735-014-07-002)
EXHIBITS/ATTACHMENTS:
• 8%" x 11" Vicinity Map
• Pre -Application Conference Summary
• Title Insurance Commitment dated 02/01/2019 (Proof of Ownership)
• Operating Agreement of CK Pitco Associates LLC showing Matthew H.
Kamens as Trustee
• Authorization for Representatives
• Land Use Application and Dimensional Requirements Forms
• HOA Compliance Policy Form
• Agreement to Pay Application Fees
FIGURES/MAPS/DIAGRAMS:
• Proposed Third Amended Plat of Lot 2, Pitkin Reserve
• Amendment Diagram (Labeled version of Grading & Drainage Survey Sheet
3of3)
• Grading & Drainage Survey prepared by Sopris Engineering, LLC, dated,
January 7, 2019 (3 Sheets)
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CITY OFASPEN
PRE -APPLICATION CONFERENCE SUMMARY
DATE: January 22, 2019
PLANNER: Jim Pomeroy, 429.2745
PROJECT NAME AND ADDRESS: 64 Pitkin Way
PARCEL ID# 273501407002
REPRESENTATIVE: Mitch Haas, Haas Land Planning
DESCRIPTION: (Existing and Proposed Conditions)
The subject site is Lot 2 of the Pitkin Reserve Subdivision, and is zoned R-3o/PD. Per the Assessor, the lot size is
approximately 42,688.80 sq. ft. The approval documents for this site list the allowable floor area at 6,920 sq. ft. (Book
541, Pg 863).
The potential applicant is interested in adjusting the parcel's existing building envelope. The first amended plat for
64 Pitkin Way to allow for a building envelope adjustment was recorded on August 8, 2015 at Reception No. 622583,
and the second amended plat was recorded on February 22, 2016 at Reception #627222. Since the 2n' plat was
amended, the home has been remodeled, and during the remodel process structure was built outside of the
designated building envelope, therefore requiring a building envelope adjustment to bring these elements into
conformance.
An envelope adjustment will require an insubstantial amendment to the Planned Development and approval of the
Home Owners Association (form attached). The Applicant will need to respond to the criteria for Insubstantial
Amendments, listed below.
A. Insubstantial Amendments. An insubstantial amendment to an approved Project Review or an approved
Detailed Review may be authorized by the Community Development Director. An insubstantial amendment
shall meet the following criteria:
1. The request does not change the use or character of the development.
2. The request is consistent with the conditions and representations in the project's original approval, or
otherwise represents an insubstantial change.
3• The request does not require granting a variation from the project's allowed use(s) and does not request
an increase in the allowed height or floor area.
1. Any proposed changes to the approved dimensional requirements are limited to a technical nature,
respond to a design parameter that could not have been foreseen during the Project Review approval,
are within dimensional tolerances stated In the Project Review, or otherwise represents an insubstantial
change.
2. An applicant may not apply for Detailed Review if an amendment is pending.
If approved, the Applicant will need to file an updated plat reflecting the new building envelope in accordance with
Section 26.490 of the Land Use Code.
130 South Galena Street Aspen, C087611-1975 I P: 970.920.5000 1 f: 970.920.51971 cityofaspen.com
RELEVANT LAND USE CODE SECTIONS
Section Number
Section Title
26.304
Common Development Review Procedures
26-445.110
Insubstantial Amendments
26.490
Approval Documents
26.575.110
Building envelopes
26.71o.o8o
Low -Density Residential (R-30) zone district
For your convenience - links to the Land Use Application and Land Use Code are below:
Land Use Application Land Use Code
REVIEW BY:
• Staff for Complete Application
• Staff for land use review
REQUIRED LAND USE REVIEW(S):
Insubstantial Planned Development Amendment
PUBLIC HEARING: None
PLANNING FEES: $1,300 Deposit for 4 hours of staff time (additional hours will be billed at $325/hr)
REFERRAL FEES: $650 - Parks Dept. Flat fee
$325 - Deposit for 1 hour of Engineering (Additional hours will be billed at
$325/hr)
TOTAL DEPOSIT: $2,275
APPLICATION CHECKLIST - These items should first be submitted in a paper copy.
❑ Completed Land Use Application and signed Fee Agreement.
❑ Pre -application Conference Summary (this document).
❑ Street address and legal description of the parcel on which development is proposed to occur, consisting
of a current (no older than 6 months) certificate from a title insurance company, an ownership and
encumbrance report, 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.
❑ Applicant's name, address and telephone number in a letter signed by the applicant that states the
name, address and telephone number of the representative authorized to act on behalf of the applicant.
❑ HOA Compliance form (Attached to Application)
❑ A written description of the proposal and an explanation in written, graphic, or model form of how the
proposed development complies with the review standards relevant to the development application and
relevant land use approvals associated with the property.
❑ An 8 1/2" by n" vicinity map locating the parcel within the City of Aspen.
❑ Written responses to applicable review criteria.
Depending on further review of the case, additional items may be requested of the application. Once the
application is deemed complete by staff, the applicant/applicant's representative will receive an e-mail requesting
submission of an electronic copy of the complete application and the deposit. Once the deposit is received, the
case will be assigned to a planner and the land use review will begin.
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.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number: BANA62010126
Property Address:
64 PITKIN WAY, ASPEN, CO 81611
1. Effective Date:
02/01/2019 at 5:00 P.M.
2. Policy to be Issued and Proposed Insured:
"TBD" Commitment
Proposed Insured:
TO BE DETERMINED
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
A Fee Simple
4. Title to the estate or Interest covered herein is at the effective date hereof vested in:
CK PITCO ASSOCIATES LLC, A DELAWARE LIMITED LIABILITY COMPANY
5. The Land referred to in this Commitment is described as follows:
$0.00
LOT 2, TOGETHER WITH AN UNDIVIDED ONE -SIXTH (1/6) INTEREST IN LOT 7, THE PITKIN RESERVE,
ACCORDING TO THE SECOND AMENDED PLAT RECORDED JUNE 25, 1984 IN PLAT BOOK 16 AT PAGE
it
COUNTY OF PITKIN, STATE OF COLORADO.
Copyright 2006-2019 American Land Title Association. All rights reserved.
9
-
AMERICAN
LAND TITLE
The use of this Form is restricted to ALTA licensees and ALTA members in good standing
ASSOCIATION
as of the date of use. All other uses are prohibited. Reprinted under license from the
American Land Title Association.
w
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: BANA62010126
All of the following Requirements must be met:
This proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may
then make additional Requirements or Exceptions.
Pay the agreed amount for the estate or interest to be insured.
Pay the premiums, fees, and charges for the Policy to the Company.
Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both,
must be properly authorized, executed, delivered, and recorded in the Public Records.
The following will be required should the Company be requested to issue a future commitment to insure:
1. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF
THE CITY OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED.
2. CERTIFICATE OF GOOD STANDING ISSUED BY THE SECRETARY OF STATE OF DELAWARE FOR CK
PITCO ASSOCIATES LLC, A DELAWARE LIMITED LIABILITY COMPANY SETTING FORTH ANY FACTS OF
RECORD IN THE OFFICE OF THE SECRETARY OF STATE. SAID CERTIFICATE MUST BE SUBMITTED TO
AND APPROVED BY LAND TITLE GUARANTEE COMPANY BUT NEED NOT BE RECORDED.
3. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF
CK PITCO ASSOCIATES LLC AS A DELAWARE LIMITED LIABILITY COMPANY. THE STATEMENT OF
AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF
THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE
INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY
ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-
172, CRS.
NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER.
4. GOOD AND SUFFICIENT DEED FROM CK PITCO ASSOCIATES LLC, A DELAWARE LIMITED LIABILITY
COMPANY TO TO BE DETERMINED CONVEYING SUBJECT PROPERTY.
NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS
NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF
ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE
AND ANY AMENDMENTS THERETO.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: BANA62010126
This commitment does not republish any covenants, condition, restriction, or limitation contained in any
document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or
limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender
identity, handicap, familial status, or national origin.
1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and 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. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured
acquires of record for value the estate or interest or mortgage thereon covered by this Commitment.
6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency
that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the
records of such agency or by the Public Records.
7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance
thereof; (c) water rights, claims or title to water.
8. RESERVATIONS AND EXCEPTIONS AS CONTAINED IN THE FOLLOWING UNITED STATES PATENTS;
RECORDED MARCH 28,1890 IN BOOK 55 AT PAGE 47Z, MAY 3, 1892 IN BOOK 55 AT PAGE 24, AUGUST
17, 1889 IN BOOK 55 AT PAGE.5, JUNE 28, 1905 IN BOOK 136 AT PAGE 333, APRIL 27, 1923 IN BOOK 136
AT PAGE MAND MARCH 23, 19601N BOOK 190AT PAGE 189.
9. EASEMENTS AS SHOWN UPON THE PLAT OF PITKIN GREEN SUBDIVISION FOR UTILITIES AND
PRIVATE ROADS RECORDED JUNE 3, 1958 IN DITCH BOOK 2A AT PAGE2A4 AND RECORDED
NOVEMBER 5, 1958 IN DITCH BOOK 2A AT PAGE 249.
NOTE: APPLIES TO LOT 7, PITKIN RESERVE.
10. EASEMENTS ASSET FORTH IN INSTRUMENT RECORDED AUGUST 28, 1957 IN BOOK 182 AT PAGE 220
AND INSTRUMENT RECORDED AUGUST 28, 1957 IN BOOK 182 AT PAGE 217.
NOTE: APPLIES TO LOT 7, PITKIN RESERVE.
11. TERMS; CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN EASEMENT AGREEMENT
RECORDED JUNE 26, 19691N BOOK 241 AT PAGE 810.
12. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN EASEMENT DEED
RECORDED JULY 11, 1969 IN BOOK 241 AT PAGE 01.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: BANA62010126
13. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED APRIL 24, 1972 IN
BOOK 262 AT PAGE 916..
14. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED DECEMBER 29,1972
IN BOOK 270 AT PAGE 2$1.
15. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 80-112 RECORDED DECEMBER 03, 1980
IN BOOK 400 AT PAGE MAND RESOLUTION NO.81-98 RECORDED NOVEMBER 3, 1981 IN BOOK 416
AT PAGE 87.
16. TERMS, CONDITIONS AND PROVISIONS OF AMENDMENT TO AGREEMENT RECORDED JUNE 09,1981
IN BOOK 409 AT PAGE.
17. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN HOLY CROSS ELECTRIC
ASSOCIATION UNDERGROUND RIGHT OF WAY EASEMENT RECORDED JULY 24,1981 IN BOOK 411 AT
PAGE Z12.
18. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, OBLIGATIONS, TERMS AND OTHER
MATTERS AS SET FORTH IN THE PUD AND SUBDIVISION AGREEMENT FOR THE PITKIN RESERVE
RECORDED MARCH 11,1982 IN BOOK 423 AT PAGE 41ZAND AMENDMENT RECORDED JUNE 15,1983
IN BOOK 447 AT PAGE 52AND SECOND AMENDMENT RECORDED JUNE 29, 1984 IN BOOK 468 AT PAGE
M.
19. EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS AS DISCLOSED ON PITKIN RESERVE
ANNEXATION PLAT RECORDED APRIL 2, 1982 IN PLAT BOOK 13 AT PAGE ]Q.
20. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE#67 (SERIES OF 1981) RECORDED APRIL 02,
1982 IN BOOK 424 AT PAGE M
21. EASEMENTS, RIGHTS OF WAY AND ALL MATTERS AS DISCLOSED ON PLAT MAP OF SUBJECT
PROPERTY RECORDED MARCH 11, 1982IN PLAT BOOK 12 AT PAGE 21AND AMENDED PLAT
RECORDED MAY 28,1983 IN PLAT BOOK 14 AT PAGE WAND SECOND AMENDED PLAT RECORDED
JUNE 25,1984 IN PLAT BOOK 16 AT PAGE 15.
22. ANY AND ALL WATER RIGHTS, DITCH AND DITCH RIGHTS APPURTENANT TO OR USED IN
CONJUNCTION WITH SAID PROPERTY INCLUDING BUT NOT LIMITED TO THE DUROUX DITCH,
SALVATION DITCH, WELLS AND PIPELINES LOCATED ON OR USED WITH THE AFORESAID PROPERTY
INCLUDING ANY RIGHTTO THE PITKIN GREEN ASSOCIATION RESERVED IN THE TRUST CREATED IN
INSTRUMENT RECORDED AUGUST 28, 1957IN BOOK 182 AT PAGE=AS CONVEYED BY PITKIN LTD.,
TO THE CITY OF ASPEN IN DEED RECORDED JANUARY 14,1982 IN BOOK 419 AT PAGEIR.
23. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS ASSET FORTH IN RIGHT OF USER
AGREEMENT RECORDED JUNE 5, 1985 IN BOOK 487 AT PAGE M.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: BANA62010126
24. PROTECTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT
OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX,
SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL
ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL
LAWS, EXCEPTTO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY
APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED JUNE 05, 1985,. IN BOOK 487 AT PAGE
jU AND FIRST AMENDMENT TO DECLARATION OF PITKIN RESERVE RECORDED FEBRUARY 12, 2004
UNDER RECEPTION NO.499499..
25. TERMS, CONDITIONS AND PROVISIONS OF CONFIRMATION OF DEDICATED TRAIL EASEMENT
RECORDED JUNE 05,1985 IN BOOK 487 AT PAGE 204.
26. AMENDMENT TO RELOCATE FAR AT THE PITKIN RESERVE RECORDED JULY 20,1987 IN BOOK 541 AT
PAGE M2.
27. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND RESTRICTIONS AS SET FORTH IN DEED
RECORDED JULY 22, 1987 IN BOOK 542 AT PAGE 20.
28. TERMS, CONDITIONS AND PROVISIONS OF RELOCATION OF WAY OF ACCESS RECORDED FEBRUARY
25, 1988 IN BOOK 557 AT PAGE 07 AND RE -RECORDED JUNE 30, 1998 IN BOOK 567 AT PAGE 7R.
29. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT AND GRANT OF EASEMENT RECORDED
NOVEMBER 17, 1989 IN BOOK 607 AT PAGE 90 AND RE -RECORDED DECEMBER 14, 1989 IN BOOK 609
AT PAGES AND APPROVAL AND RELEASE OF RESTRICTION IN AGREEMENT AND GRANT OF
EASEMENT RECORDED JANUARY 17, 1992 IN BOOK 667 AT PAGE 0.
30. EASEMENTS, RIGHTS OF WAY AND ALL MATTERS AS SHOWN ON IMPROVEMENT SURVEY PLAT
RECORDED OCTOBER 14, 2014 IN PLAT BOOK 108 AT PAGE 36.
31. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN NOTICE OF APPROVAL
RECORDED JULY 22, 2015 AS RECEPTION NO.62172@ AND RECORDED FEBRUARY 22, 2016 AS
RECEPTION NO.627221.
32. EASEMENTS, RIGHTS OF WAY AND ALL MATTERS AS SHOWN ON FIRST AMENDED PLAT OF LOT 2,
PITKIN RESERVE RECORDED AUGUST 21, 2015IN PLAT BOOK 112 AT PAGE !RAND SECOND
AMENDED PLAT OF LOT 2, PITKIN RESERVE RECORDED FEBRUARY 22, 2016 IN PLAT BOOK 114 AT
PAGE ¢.
OPERATING AGREEMENT
OF
CIi PITCO ASSOCIATES LLC
This Operating Agreement of CK PITCO ASSOCIATES LLC (the "Company"), a single
member limited liability company organized pursuant to the Delaware Limited Liability
Company Act, 6 Del. Code § 18-101 et seq., as amended (the "Act'), is effective as of
August 4, 2014 (the "Effective Date"), and is entered into by and between the Company and the
Sidney Kimmel 2009 Irrevocable Trust dated February 9, 2009, Matthew H. Kamens, Trustee, a
Pennsylvania trust, which is the sole member of the Company (sometimes hereinafter referred to
as the "Member").
ARTICLE I
FORMATION
1. Organization and Initial Activities. The Company was organized as a Delaware
limited liability company pursuant to the provisions of the Act on August 4, 2014.
2. Name. The name of the Company is "CK PITCO ASSOCIATES LLC." All
business of the Company shall be conducted under that name or under any other name, but in any
case, only to the extent permitted by applicable law. The Company shall hold all of its property
in the name of the Company and not in the name of its Member.
3. Term. The Company shall be dissolved and its affairs wound up in accordance
with the provisions of this Operating Agreement.
4. Agent and Office. The agent and office for service of process shall be the
Secretary of State of the State of Delaware. The post office address within or without the State
of Delaware to which the registered agent shall mail a copy of any process against the Company
served upon him or her is Corporation Service Company, 2711 Centerville Road, Suite 400,
Wilmington, Delaware 19808.
5. Principal Office. The principal office of the Company is 1900 Market Street,
Philadelphia, PA 19103, or at such other place within or without the State of Delaware as may be
determined by any Manager. The Company may also have such other offices as Manager may
determine.
6. Purposes and Powers. The purpose of the Company is to own, operate, lease,
pledge, mortgage, convey and transfer certain property and improvements located in Aspen,
Colorado. The Company may also engage in any other activity permitted under the Act. The
Company shall have the authority to do all things necessary or convenient to accomplish its
purpose and operate its business as described in this Section 6. The authority granted to the
Manager hereunder to bind the Company shall be limited to actions necessary or convenient to
its business.
LEGAL%19962799%1
7. Statutory Compliance. The Company shall exist under and be governed by, and
this Operating Agreement shall be construed in accordance with, the applicable laws of the State
of Delaware. The Manager shall make all filings and disclosures required by, and shall
otherwise comply with, the laws of the State of Delaware and any other applicable laws.
8. Title to Property. All real and personal property owned by the Company shall be
owned by the Company as an entity, and the Member shall not have any ownership interest in
such property in its individual name or right, and the Member's interest in the Company shall be
deemed personal property for all purposes. The Company shall hold all of its property in the
name of the Company and not in the name of the Member. Notwithstanding the foregoing,
pursuant to Treasury Regulation §301.7701-3(b)(1)(ii), for federal income tax purposes only the
Company shall be disregarded as an entity separate from its Member and the assets of the
Company shall constitute the assets of the Member.
9. Management of the Company. Each Manager shall have the authority to conduct
the day-to-day business and affairs of the Company. To this end, any Manager shall devote so
much of its business time and efforts to the furtherance of the business of the Company and the
performance of such Manager's responsibilities under this Operating Agreement as such
Manager shall reasonably deem necessary.
ARTICLE II
ACCOUNTING AND RECORDS
I. Records to be Maintained. The Company shall maintain separate books of
account for the Company which shall reflect a true and accurate record of all costs and expenses
incurred, all charges made, all credits made and received, and all income derived in connection
with the operation of the Company's business in accordance with the same accounting principles
used by the Member and, to the extent inconsistent therewith, in accordance with this Operating
Agreement.
2. Reports.
(a) In General. The Manager shall be responsible for the preparation of
financial reports of the Company and the coordination of financial matters of the Company with
the Company's accountants.
(b) Reports. As soon as practicable after the end of each fiscal year, the
Manager shall cause each Member to be furnished with a copy of the balance sheet of the
Company as of the last day of the applicable period, a statement of income or loss of the
Company for such period, and a statement of the Company's cash flow for such period.
ARTICLE III
THE MEMBER
1. Single Member Entity. As of the Effective Date, the Sidney Kimmel 2009
Irrevocable Trust dated February 9, 2009, Matthew H. Kamens, Trustee, is the sole Member and
owner of the Company so that, for federal income tax purposes, the Company will be
disregarded as an entity separate and apart from the Member.
LEGAL\19962789\1 - 2 -
2. Liability of Member. The Member shall not be liable as such for the liabilities of
the Company. The failure of the Company to observe any formalities or requirements relating to
the exercise of its powers or management of its business or affairs under this Operating
Agreement or the Act shall not be grounds for imposing personal liability on the Member for
liabilities of the Company.
3. Indemnification of Member. The Company, its receiver or its trustee (in the case
of its receiver or trustee, to the extent of the Company property) shall indemnify, hold harmless
from and pay all judgments and claims against the Member relating to any liability or damage
incurred by reason of any act performed or omitted to be performed by the Member in
connection with the business of the Company, including attorneys' fees and expenses incurred by
the Member in connection with the defense of any action based on any such act or omission,
which attorneys' fees and expenses may be paid as incurred, including all such liabilities under
federal and state securities laws (including the Securities Act of 1933, as amended) as permitted
by law.
ARTICLE IV
MANAGERS
1. Managers. The ordinary and usual decisions concerning the business affairs of
the Company shall be made by the Manager. The Manager shall be Matthew H. Kamens,
Trustee.
2. Authority of a Manager to Bind the Company. Only a Manager and authorized
agents or employees of the Company shall have the authority to bind the Company (including the
authority to do all things necessary or convenient to cant' out the business and affairs of the
Company). Each Manager is an agent of the Company for the purpose of its business and affairs,
and the act of any Manager for apparently carrying on in the usual way of the business or affairs
of the Company binds the Company, unless such Manager so acting has, in fact, no authority to
act for the Company in the particular matter, and the person with whom it is dealing has
knowledge of the fact that such Manager has no such authority. An act of any Manager which is
not apparently for carrying on in the usual way the business or affairs of the Company does not
bind the Company unless authorized in accordance with the terms of this Operating Agreement,
at the time of the transaction or at any other time. No person dealing with the Company shall
have any obligation to inquire into the power or authority of any Manager acting on behalf of the
Company.
3. Indemnification of Managers. The provisions of Article III, Section 3 shall apply
to each Manager as the same are applied to each Member therein, and the Company hereby
agrees to be bound by such provisions, as they apply to such Manager, as if fully set forth in this
Section.
ARTICLE V
ALLOCATIONS AND DISTRIBUTIONS
1. Allocation of Profits and Losses. Consistent with the Company's status as a
single member limited liability company that is disregarded, for income tax purposes, as an
LEGAL\19962789\I -3-
entity separate from its Member, the activities of the Company shall be treated in the same
manner as the activities of a division of the Member. Accordingly, the net profits and net losses
of the Company for each fiscal period commencing on or after the Effective Date shall be
allocated to the Member and all items of income, gain, loss, deduction or credit shall be for the
account of the Member.
2. Distributions. The Company shall, at the request of the Member, distribute to the
Member annually or at such other times as the Member may request an amount of cash equal to
the net profits allocated to the Member. The Company may distribute any assets in kind with the
consent of the Member.
ARTICLE VI
TAXES
1. Elections. Any Manager may make any tax elections for the Company allowed
under the Internal Revenue Code of 1986, as amended (the "Code") or the tax laws of any state
or other jurisdiction having taxing jurisdiction over the Company. The foregoing not-
withstanding, no Manager may elect under Treasury Regulation §301.7701-3(b) to have the
Company classified as an association taxable as a corporation.
2. Tax Matters Partner. The Manager shall act as the tau matters partner of the
Company pursuant to §6231(a)(7) of the Code.
ARTICLE VII
DISSOLUTION AND WINDING UP
1. Dissolution. The Company shall be dissolved and its affairs wound up, upon the
fist to occur of the following events (which shall constitute "Dissolution Events"):
(a) the written consent of the Member; or
(b) the bankruptcy, resignation, or dissolution of the Member.
2. Effect of Dissolution. Upon dissolution, the Company shall cease to carry on its
business, except insofar as may be necessary or appropriate for the winding up of its business,
but its separate existence shall continue until a certificate of cancellation has been filed with the
Secretary of State of the State of Delaware and until a decree terminating the Company has been
entered by a court of competent jurisdiction.
3. Distribution of Assets and Dissolution. Upon the liquidation and winding up of
the Company, the Company property shall be distributed:
(a) first to creditors (including the Member if the Member is a creditor) in
satisfaction of Company liabilities; and
(b) then to the Member.
Liquidation proceeds shall be paid within 60 days of the end of the Company's
taxable year or, if later, within 90 days after the date of liquidation.
cEcnu199e2789\1 - 4 -
4. Winding Up and Certificate of Cancellation of Articles of Organization. The
winding up of the Company shall be completed when all debts, liabilities, and obligations of the
Company have been paid and discharged or reasonably adequate provision therefore has been
made, and all of the remaining property and assets of the Company have been distributed to the
Member. Upon the completion of the winding up of the Company, a certificate of cancellation
of articles of organization shall be delivered to the Secretary of State of Delaware for filing.
ARTICLE VIII
MISCELLANEOUS PROVISIONS
1. Entire Agreement. This Operating Agreement represents the entire agreement
between the Member and the Company.
2. Company to Be Disregarded for Tax Purposes. The Company is a single member
entity, wholly owned by the Sidney Kimmel 2009 Irrevocable Trust dated February 9, 2009,
Matthew H. Kamens, Trustee, and pursuant to Treasury Regulations §301.7701-3(b)(1)(ii) will
be disregarded for federal income tax purposes as an entity separate from its owner.
3. Rights of Creditors and Third Parties under Operating Agreement. This
Operating Agreement is entered into between the Company and the Member for the exclusive
benefit of the Company and the Member, and their successors and assigns. This Operating
Agreement is expressly not intended for the benefit of any creditor of the Company or any other
person. Except and only to the extent provided by applicable statute, no such creditor or third
party shall have any rights under this Operating Agreement or any agreement between the
Company and the Member.
4. BindingEffect. Except as otherwise provided in this Operating Agreement, every
covenant, term and provision of this Operating Agreement shall be binding upon and inure to the
benefit of the Member and its respective successors, transferees and assigns.
5. Construction. Every covenant, term and provision of this Operating Agreement
shall be construed simply according to its fair meaning and not strictly for or against the
Member. The terms of this Operating Agreement are intended to embody the economic
relationship between the Member and the Company and shall not be subject to modification by,
or be conformed with, any actions by the Internal Revenue Service except as this Operating
Agreement may be explicitly so amended and except as it may relate specifically to the filing of
tax returns.
6. Headings. Section and other headings contained in this Operating Agreement are
for reference purposes only and are not intended to describe, interpret, define, or limit the scope,
extent or intent of this Operating Agreement or any provision hereof.
7. Severability. Every provision of this Operating Agreement is intended to be
severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such
illegality or invalidity shall not affect the validity or legality of the remainder of this Operating
Agreement.
LEGAL\]9962789\I - 5 -
8. Further Action. The Member agrees to perform all further acts and execute,
acknowledge and deliver any documents which may be reasonably necessary, appropriate or
desirable to carry out the provisions of this Operating Agreement.
9. Governing Law. The laws of the State of Delaware (without reference to its
choice of law principles) shall govern the validity of this Operating Agreement, the construction
of its terms and the interpretation of the rights and duties of the Member.
IN WITNESS WHEREOF, the undersigned has executed this Agreement as of the
day and date above written.
Sole Member and Manager:
Sidney Kimmel 2009 Irrevocable Trust dated
February 9, 2009
Matthew H. Kamens, Trustee
raanw99e2789v - 6 -
Aspen Community Development Dept.
130 South Galena Street, 3rd Floor
Aspen, CO 81611
RE: Insubstantial PD and Plat Amendment for 64 Pitkin Way/Lot 2, Pitkin
Reserve (Parcel Identification Number 2735-014-07-002)
To whom it may concern:
On behalf of CK Pitco Associates LLC, which entity is the owner of the above -
captioned property, I hereby authorize Haas Land Planning, LLC (HLP) and Rob
Morey (RM) to act as our designated and authorized representatives for the
approvals captioned above. HLP and RM are authorized to submit an application
for the approvals listed above and any incidental approvals associated therewith.
HLP and RM are also authorized to represent us in meetings with City of Aspen
staff, the Planning & Zoning Commission (P&Z), and the City Council (CC), as
may be needed.
Should you have any need to contact me during the course of your review, please
do so through Haas Land Planning, LLC, whose address and telephone number
are included in the application.
Yours truly,
CK Pitco Associates LLC
By: Matthew H. Kamen, Manager
(print name and title)
CK Pitco Associates LLC
1650 Market Street, Suite 2800
Philadelphia, PA 19103
City of Aspen Community Development Department
ATTACHMENT 2 - T" ` - _" - Land Use Application
PROJECT:
Name: 64 Pitkin Way PD Amendment
Location: 64 Pitkin Way (Lot 2, Pitkin Reserve & 1/6 Interest in Lot 7)
(Indicate street address, lot & block number or metes and bounds description of property
Parcel ID # (REQUIRED) 2735-014-07-002
Name: CK Pitco Associates, LLC
Address: 1650 Market Street, #2800; Philadelphia, PA 19103
Phone#: Pax#: E-mail:
REPRESENTATIVE:
Name: Haas Land Planning, LLC (Mitch Haas)
Address: 420 E. Main Street, Suite 220, Aspen, CO 81611
Phone#: (970) 925-7819 Pax#: E-mail: mitch@hlpaspen.com
TYPE
❑
Historic Designation
0 Relocation (temporary, on
❑
Certificate of No Negative Effect
0 or off --site)
❑
Certificate of Appropriateness
0 Demolition (total demolition)
❑
-Minor Historic Development
❑
-Major Historic Development
0 Historic Landmark Lot Split
❑
❑
-Conceptual Historic Development
-Final Historic Development
wilding Envelope Adjustment (Insubstantial PD and Plat
❑
-Substantial Amendment
Amendment)
SxISTINC CONDITIONS: (description of existing buildings, uses. DreviouS amirovals, etc.)
Existing single-family residence and customarily accessory uses
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
Amend building envelope to accommodate existing improvements
General Information
City of Aspen 1130 S. Galena Streetl (970) 920 5090MW6w o Land Use Application Requirements, Updated: November 2017
City of Aspen Community Development Department
Project: 64 Pitkin Way Building Envelope Adjustment
Applicant: CK Pitco Associates, LLC
Project
Location: 64 Pitkin Way
Zone District: R-30/PD
Lot Size: 42 688.80 square feet
Lot Area: 30 970.58 square feet (steep slopes reductions per table 26.575.020.1)
(For the purposes of calculating Floor Area, Lot Area may be reduced for areas 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: N/A Proposed:
Number of residential units: Existing: 1 Proposed.
Proposed % of demolition: N/A
DIMENSIONS: (write N/A where no requirement exists in the zone district)
Floor Area:
Existing:
6 534 sf Allowable:
6,920 sf
Proposed: 6,534 sf
Hei h
Principal Bldg.:
Existing:
36'-1.5"
Allowable:
25'
Proposed. no change
Accessory Bldg.:
Existing:
14'-2.5"
Allowable:
25'
Proposed: no change
On -Site parking:
Existing:
4 spacesRequired:
2 spaces
Proposed: 4„spaces
%Site coverage:
Existing:10.5%
Required.
N/A
Proposed: 10.5%
%Open Space:
Existing.
N/A
Required.
N/A
Proposed: N/A
Front Setback:
Existing.
see Note Required.
40'
Proposed. see Note
Rear Setback:
Existing.
15'
Required:
15' ___
_Proposed: 15'
Combined Front/Rear:
N/A
Indicate N S E. W
Existing:
Required:
Proposed:
Side Setback:
Existing:
10'
Required:
10'
Proposed: 10'
Side Setback:
Existing:
10'
Required:
10'
Proposed 10'
Combined Sides:
Existing:
29
Required_
20'
Proposed:20'
Distance between Existing:_N/A Required: 10' Proposed: N/A
buildings:
Existing non -conformities or encroachments and note if encroachment licenses have been issued:
Existing improvements protrude beyond bldg. envelope and does not contain full porte-cochere roof.
(See accompanying application letter and surveys.)
Variations requested (identify the exact variances needed):
NOTE: building height is not proposed to change; two indoor spaces and two guest parking spaces in driveway;
original building envelope established zone for residential construction when property was within Pitkin County and
prior to construction.
When submitting multiple step applications, do not replicate submission materials. Two copies of the application are required for a
City of Aspen 1130 S. Galena StreetI (970) 920 5090i14eFsie Land Use Application Requirements, Updated: November 2017
Homeowner Association Compliance Policy
All land use applications within the City of Aspen are required to include a Homeowner Association
Compliance Form (this form) certifying the scope of work included in the land use application complies
with all applicable covenants and homeowner association policies. The certification must be signed by
the property owner or Attorney representing the property owner.
Property Name:CK Pitco Associates LLC
owner(°I"T EmaiCc/o rob@idscolorado.com Phone No.: (970) 274-3217
Address of
Progeny: (subject of 64 Pitkin Way, Aspen, CO 81611
application)
I certify as follows: (pick one)
❑ This property is not subject to a homeowners association or other form of private covenant.
® This property is subject to a homeowners association or private covenant and the improvements
proposed in this land use application do not require approval by the homeowners association or
covenant beneficiary.
❑ This property is subject to a homeowners association or private covenant and the improvements
proposed in this land use application have been approved by the homeowners association or
covenant beneficiary.
I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the
applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I
understand that this document is a public document.
Owner signature:
Owner printed name:
or,
Attorney signature:
Attorney printed name:
date: 3/12/19
CK Pitco Associates, LLC
Matthew H. Kamens. Manaaer
City of Aspen Community Development Department
Agreement to Pay Application Fees
An agreement oerween ure uny ui Aspen t ury t anu
PLEASE PRINT CAPS or TYPE
Address of Property:64 Pitkin Way, Aspen, CO 81611 E-mail:rob@idscolorado.com
Property owner: CK Pitco Associates LLC
Name of Contact: Rob Morey Phone #: (970) 274-3217
Address:1650 Market St. #2800; Philadelphia, PA 19103
Billing Information —Send Bills To: E-mail: fob@Idscolorad.com
Name: CK Pitco Associates LLC
Address: 1650 Market St, #2800; Philadelphia, PA 19103 Phone #: (970) 274-3217
I understand that the City has adopted, via Ordinance No., Series of 2017, review fees for Land Use applications and payment of
these fees is a condition precedent to determining application completeness. I understand that as the property owner that I
am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are
non-refundable.
$ 650.00 flat fee for Parks Department $ flat fee for
$ flat fee for
$ flat fee
For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not
possible at this time to know the full extent or total costs involved in processing the application.
I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for
City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be
made for project consideration, unless invoices are paid in full.
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to
the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of
an invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no -payment. I agree to pay
the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not
render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree
to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates
hereinafter stated.
$ 1 ,300.00 deposit for four (4) hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at $325.00 per hour.
$ 325,00 deposit for one hours of Engineering Department staff time. Additional time above the
deposit amount will be billed at $325.00 per hour.
City of Aspen:
Jessica Garrow, AICP
Community Development Director
City Use:
Fees Due: $_Received $
Signature:
PRINT Name:
CK Pitco Associates, LLC
Title:
By Matthew H. Kamens, Manager
City of Aspen 1130 S. Galena Street l (970) 920 50904Ne6mia Land Use Application Requirements, Updated: November 2017
CERTIFICATE OF OWNERSHIP
KNOW ALL MEN BYTHEU PRESENTS
THAI DIE UNDERSIGNED, BOOSTED OWNER IN PEE SIMPLE OF ALL OF THE LAND AFFORD
LOT 2,PITKINRESERVE PER THE JUNIOR. AMENDED PLAT OF LOT2, PFIKIN RESERVE RECORDED FEBRUARY22, 2US A5 PUT
BOOK 114 AT PAGE 6(RECEPTION NO.62RE2).
CITY OF ASPEN
COUNry OFPIMIN
STATE OF COLORADO;
SAID OWNER HEREBY AM ENDS SAID PLAT FOLLOWS:
PURPOSESTATEMFHT:
TO ADJUST THE BUILDING ENVELOPE SITUATED ON SAID LOT2, AS SHOWN HEREON.
EXECUTED THIS_ DAY OF 001E
LOT20WNER:
CK FOOD AS$0CASTLE, LLC, A IM WAPE LIMITED UASILRY COMPANY
BY:
AS
SUTEOF WLOMOOI
U.
[OUNIYOF PIiYJN I
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE METHIS_DAY OF
=1 BY AS OF a PEFCO ASSOCATES, UC A DUSNARE LIMITED LIABILITY COMPANY.
WITNESS MY HMO AND OFFICIAL SEAL.
MY=MISSION EXPIRES:
TITLE COMPANY CERTIFICATE
roU EREGISTERED TO DO BUSINUSIN
THE
COLORADO,
UTNO0.1REBYEPRFIFY. MNEOF PITKIN NDASO INC,,
OWNER O S UTNOLDEF THE B [ T1ATTiEPFRSON IISRDIS WN R ON P U LOCO 00 DUES HEREBY ERPFY P NC9 NIY M H R%I G 1
[ E O AU STATE ON THIS
MEN YE S PFJOCEPT LAT METRUEf HIS NAT6WXl6 PRO s
S OS[pIBEUHEREON FRFE AND LAfl f M
E OTHERULF ESTATE E TIR T
OF THE MTE IS NOTGE TO BE CONSTRUE LTHOUGNWEBEUEVETHE NORFACAN ATEOONNION OF AMEN FOR
OEDPUTAREE OF T ME,
AND CERTIFICATEEEO AS IN Do UNITY
Of THE INC
ANOPIDASSOFTALE,R WIL BE CHAGOF TIRE,
AND ITANCIAL ORIAEAEDN AN . NOR MANMint WHAINOEVER ONAN STATE TNT CONUMEENDEREIN. BE CHARGED WITH
ANY FINANCMLDBNGgTON NORIIABIIRY WHATSOEVER ON gM'STgT:MFNTCONTAINEO HEREIN.
DATE 0IS.
PRKIN COUN]YTRE, INC.
STATEOFCOIOMDO I
u
[OUNTYOF PRXIN I
JUXNOUND.15OVN0[WRW XD M4Xi9a-wAYDFAFEMFNIP[CXO.]NFI]
THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE METHIS_DAYOF�2019 BY
ASTNE
OF PRION COUNTY TNLP INC \
MYCOMMISIONEXPIREi'
WITNESS MY HAN D AN D SEAL,
NOTARYPUBLIC
THIRD AMENDED PLAT OF:
LOT 2, PITKIN RESERVE
SITUATED IN THE SE4 OF SECTION 1 & NE4 OF SECTION 12
TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M.
CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
SHEET 1 OF 1
PURPOSE STATEMENT: THE PURPOSE OF THIS PLAT IS TO CREATE NEW BUILDING ENVELOPE
mBUIUING ENVELOPE PER THIS AMED0ED PUT 0.18e ACRES a/
rPmFn UNDERS SR
mUi�R
NEV IRUNRNl M
IOURS. NOFD DRUNDPE
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All". ELBWOUT,EAROWNT PIATBWR I6 A., 35
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ro "'v
]
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NOTES
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/ SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE A3
DUGp""sPFB"" CARBONDALE, COLORADO 81623
(970) 704-0311 SOPRISENG@SOPRISENG.COM
CITY ENGINEER'S CERTIFICATE
NISNI"OMULD"EAT.......... NA ... SVF.. NVMVS On TEE NRpN o]VIE ISSUED U... AATMORDEVORIYYIMMFOSNU_DAYOF
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GENERAL DRURY NOTES
GRADING & DRAINAGE:
64 PITKIN WAY
LOT 2, THE PITKIN PRESERVE
SITUATED IN THE SE4 OF SECTION 1 & NE4 OF SECTION 12
TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M.
CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
SHEET OF
b Ddvawa
ASIGu 11•
#
\ \ \ \ ] \ \
\ \
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❑
b•
3RT
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d
,n5
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/
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-
ruNsroxEuwEq LLV[LFATO
m
. wmwr
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II i ns5 � J
/ EXlating Building
Envelope Boundary (prior
1O ro obao amendment
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITEA3
CARBONDALE, COLORADO 81623
(970) 704-0311 SOPRISENG@SOPRISENG.COM
SURVEYOR45 CERTIFICATE
THE VNO PS RFBIyLj1EPEO W105WVEYOFXEPEBY CERTIIN TNPTTNE ELEVATIONS.GMONG M'DOPPINPGE
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GRADING & DRAINAGE:
64 PITKIN WAY
LOT 2, THE PITKIN PRESERVE
SITUATED IN THE SE' OF SECTION 1 & NE4 OF SECTION 12
TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE Sth P.M.
CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
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PROPERTY DESCRIPTION
SECOND AMENDED PLAT OF LOT 2, PITKIN RESERVE
RECORDED FEBRUARY 22, 2016 AS PLAT BOOK 114 AT PAGE 6
CITY OF ASPEN
COUNTY OF PITKIN.
STATE OF COLORADO
NOTES
1) DATE OF FIELD WORK: DECEMBER 23, 2016; SEPTEMBER 7 AND 10, OCTOBER 19, 23 AND NOVEMBER 12, 2018.
2) DATE OF PREPARATION: DECEMBER,2016, SEPTEMBER-DECEMBER, 201BAND JANUARY. 2019.
3) BASIS OF BEARING: A BEARING OF A BEARING OF S 40' 22' 53" E BETWEEN THE CITY OF ASPEN MONUMENT NOS. 10
AND.20, AS SHOWN ON THE CITY OF ASPEN -CPS CONTROL MONDMENTATION 2009 MAP (SEE NOTE NO. 4, BELOW ).
THIS CREATED A SITE BASIS OF BEARING OF N 31'01'02° E ALONG WESTERLY LINE OF LOT 2 BETWEEN THE LOU NO 18"
LONG NO, 5 REBARS W/ILLEGIBLE CAPS AND A ROTATION COMPARED TO THE PLATTED BEARINGS OF CLOCKWISE
W51'02", AS SHOWN.
4) BASIS OF SURVEY (RECORDED DOCUMENTS FOUND IN PITKIN COUNTY RECORDS): THE FINAL PIATOF PITKIN RESERVE
RECORDED MARCH 11, 1982 AS RECEPTION NO. 239890 )PLAT BOOK 12 PAGE 91); THE PITKIN RESERVE ANNEXATION
RECORDED APRIL 2,1982 AS RECEPTION NO. 240363 (PLAT BOOK 13 PAGE 19); THE FIRST AMENDED PLAT OF PITKIN
RESERVE RECORDED MAY 28, 19H AS RECEPTOR NO. 250441(PLAT BOOK 14 PAGE 92); THE SECOND AMENDED PUT OF
PITKIN RESERVE RECORDED TUNE 25, 1984 AS RECEPTION NO. 260514 (FLAT BOOK 16 PAGE 15); THE CITY OF ASPEN -GPS
CONTROL MONUMENTATION 2009 MAP PREPARED BY MARGIN ENGINEERING LLC, DATEDIULY 13, 2010; VARIOUS
DOCUMENTS OF RECORD, AND THE FOUND MONUMENTS, AS SHOWN.
5) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING, LLC(BE) TO DETERMINE OWNERSHIP
OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS OF WAY AND/OR TITLE OF
RECORD, SE REUED UPON THE ABOVE SAID PLATS DESCRIBED IN NOTE 4 AND THE TITLE COMMITMENT PREPARED BY
PRKIN COUNTYTITLE, INC., CASE NO. PU24148-TBD WITH AN EFFECTIVE DATE OF MAY 21, 2015.
5) BASIS OF ELEVATION: THE 1998 CITY OF ASPEN DREKEL BARREL CONTROL DATUM, WHICH IS BASED ON AN
ELEVATION OF 7720.88' )NAND 1980) ON THE NGS STATION "S-159°.THIS ESTABLISHED A SITE BENCHMARK, SHOWN ON
PAGE 1.
7) CONTOUR INTERVAL ONE III FOOT.
8) THE BUILDING ENVELOPE AS SHOWN WAS SCANNED FROM THE SECOND AMENDED PLAT. SAIDPIATDOESNOT
DIMENSION THE SETBACK.
91 ACCORDING TO THE SECOND AMENDED PLAT, LOT 21S SUBIECTTO "THE PUBLIC UTILITIES EASEMENTS FOR PUBLIC
LFIILITY PURPOSES ALONG ALLTHE EXISTING AND PROP05ED UTILITY UNES."
10) THE PROPERTY SHOWN HEREON 15 DEPICTED WITHIN ZONE X (NOT SHADED), OUTSIDE THE 500-YEAR FLOOD PLAIN,
ACCORDING TO THE FEDERAL FLOOD INSURANCE RATE MAP NUMBERED 0801 EFFECTIVE JUNE 4, 1987.
Ill THE EXISTING UNDERGROUND ELECTRIC LINE 15 COVERED BY A 20 FOOT WIDE (10 FEET EACH SIDE OF CENTERLINE)
HOLY CROSS EASEMENT RECORDED JULY 24,1981 AS RECEPTION NO. 234417. SAID EASEMENT LIES SOUTH OF THE
EXISTING UNDERGROUND ELECTRIC LINE. FOR THE PURPOSE OF THIS SURVEY, SE USED THE FIELD MARKED LINE AS THE
CENTERLINE FOR THE EASEMENT.
12) FIRKIN COUNTY ASSESSOR PARCEL NO.273SO1407002 PER COUNTYWEBSITE
13) THE PIPED DRAINAGE SYSTEM WAS AS -BUILT BY THE CLIENT'S CONTRACTOR AND IS SHOWN ON SHEET 2. THE PIPED
DRAINAGE SYSTEM WAS "VIDEOED" AND THE RESULTS ACCEPTED BY SE.
5URVEVOR'S CERTIFICATE
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DHAINAOE PLAN SUBMITTED AM APPROVER BY THE CITY ON DATE
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LOT 2, THE PITKIN PRESERVE
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