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HomeMy WebLinkAboutLand Use Case.EC.725 Cemetery Ln.0025.2015.ASLU0025.2015. ASLU 725 CEMETERY LANE LOT SPLIT FOR 725 CEMETERY LN 2735 122 00 008 BMA Planning+Design ■ Post Office Box 73 Aspen, Colorado 81612 970.948.0002 brian(icbmcaspen.com www.bmcaspen.com Land Use Approvals Master Planning Urban Design Landscape Architecture Residential Development Commercial Development Park and Trait Design Site Restoration Construction Management Historic Preservation Transfer Development Rights Graphic and 3D Rendering THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0025. 2015.ASLU PARCEL ID NUMBERS 2735 12 2 00 008 PROJECT ADDRESS 725 CEMETERY LANE PLANNER HILLARY SEMINICK CASED ESCRIPTION LOT SPLIT REPRESENTATIVE ROBERT HUTTON DATE OF FINAL ACTION O8/6/2015 CLOSED BY ANGELA SCOREY ON: 12/12/2015 �'l35-I 22 - cx7- oog• 002,5%23157-A5L4 1 Permits ° File Edit Record Navigate Form Reports Format Tab Help V DX " v fro Jump 1 Main Custom Fields Routing Status Fee Summary Actions Routing History . o Permit type FIT-1 7 Aspen Land Use Permit # 0025.2015.ASLU ' Address 1725 CEMETERY LN Apt/Suite ]OXF00, City ASPEN State CO Zip 81611 Permit Information o Master permit Routing queue aslul5 Applied 03125l2015 n F Project Status 1pending Approved 0 z 0 N Description APPLICATION FOR LOT SPLIT FOR HUTTON LOT SPLIT Issued Closed/Final Submitted ILISMAN DEVELOPMENT 948 0002 Clock EH Days ❑ Expires 03r19i2016 Submitted via Owner Last name JHUTTON ROBE RT C First name 725 CEMETERY LN ASPEN CO 81611 Phone O Address Applicant 0 Owner is applicant? 7 Contractor is applicant? Last name JHUTTON ROBERT C First name 725 CEMETERY LN ASPEN CO 81611 Phone O Cust # 27672 Address Email Lender AspenGaldS (server; angelas 1 of 1 l J60 9- �S,goo•�° DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Robert Hutton 725 Cemetery Lane, Aspen CO 81611. 970-274-0694 Property Owner's Name, Mailing Address and telephone number A TRACT OF LAND SITUATED IN LOTS 3 AND 12 SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN BOOK 183 AT PAGE 271 IN THE RECORDS OF PITKIN COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF COUNTY ROAD WHENCE THE WEST 1/4 CORNER OF SAID SECTION 12 BEARS SOUTH 58 DEGREES 17 MINUTES WEST 1614.50 FEET; THENCE SOUTH 76 DEGREES 26 MINUTES WEST 177.70 FEET; THENCE NORTH 25 DEGREES 14 MINUTES WEST 204.22 FEET; THENCE NORTH 76 DEGREES 26 MINUTES EAST 219.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID COUNTY ROAD; THENCE SOUTH 13 DEGREES 34 MINUTES EAST 200.00 FEET ALONG THE WESTERLY LINE OF SAID COUNTY ROAD TO THE POINT OF BEGINNING COUNTY OF PITKIN, STATE OF COLORADO; commonly known as 725 Cemetery Lane Legal Description and Street Address of Subject Property The Applicant received approval for a lot split that will divide the existing 39,704 sf lot into one 22,023 sf lot and one 17,681 sf lot No new development was proposed in the lot split and any subsequent development is subject to the requirements of the underlying zone district. Written Description of the Site Specific Plan and/or Attachment Describing Plan Lot split, Ordinance No. 22, Series 2015 August 13, 2015 Effective Date of Development Order (Same as date of publication of notice of approval.) August 13, 2018 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) �r Issued this 6„day of August, 2015, by the City of Aspen Community Development Director. Chris Bendon, Community Development Director AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO STATE OF COLORADO ss. County of Pitkin (e,-tle to- L I, ko_� e �, T 0--P`i o (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy f the p lication is attached hereto. rgnature The f egoing "Affidavit of Notice" was ac owledged before me this 14""day of , 20t,�,, by PUBLIC NOTICE RE: LOT SPLIT - 725 CEMETERY LANE NOTICE IS HEREBY GIVEN to the general public of the approval ggof ayyuse determinationpertainingto the fol TRACT Illowi OF LANDnSITUATED INribed LOTSr3prtrtyAND 12, SEC. TION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, BE- ING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN BOOK 183 AT PAGE 271 IN THE RECORDS OF PITKIN COUNTY, DE- SCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF COUNTY ROAD WHENCE THE WEST 1/4 CORNER OF SAID SECTION 12 BEARS SOUTH 58 DEGREES 17 MINUTES WEST 1614.50 FEET; THENCE SOUTH 76 DEGREES 26 MINUTES WEST 177.70 FEET; THENCE NORTH 25 DEGREES 14 MIN- UTES WEST 204.22 FEET; THENCE NORTH 76 DEGREES 26 MINUTES EAST 219.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID COUNTY ROAD; THENCE SOUTH 13 DEGREES 34 MINUTES EAST 200.00 FEET ALONG THE WESTERLY LINE OF SAID COUNTY ROAD TO THE POINT OF BEGINNING, COUNTY OF PIT - KIN, STATE OF COLORADO; commonly known as 725 Cemetery Lane by order of the City of Aspen City Council on July 13, 2015. For further informa- tion contact Hillary Seminick, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 429-2741. s/ City of As n Publish in The Aspen Times on August 13, 2015 (11438298) WITNESS MY HAND AND OFFICIAL SEAL My commission expires: �(p IMI�\ No—tary Public KAREN REED PATTERSON ATTACHMENTS: NOTARY PUBLIC STATE OF COLORADO NOTARY ID 419964002767 COPY OF THE PUBLICATION My Commission Expires February 15, zois RECEP i iuN#: 622107, 08/0-4/2015 at 11:29:56 AM, v 1 OF 5, R $31.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO ORDINANCE NO.22 (SERIES OF 2015) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE HUTTON LOT SPLIT FOR THE PROPERTY COMMONLY KNOWN AS 725 CEMETERY LANE, LEGALLY DESCRIBED IN EXHIBIT A; CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737-073-16-003 WHEREAS, the Community Development Department received an application from BMC Planning + Design on behalf of RobertHutton, requesting Lot Split review for the property commonly known as 725 Cemetery Lane; and, WHEREAS, the subject property is zoned Moderate Density Residential (R-15); and, WHEREAS, the Applicant has requested a Lot Split review by the City Council and approval to divide the current 39,704 square foot lot into two lots; allocating 22,023 square feet of gross lot area to Lot 1 and allocating 17,681 gross square feet to Lot 2; and, WHEREAS, the City Council has reviewed and considered the lot split proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing on July 13, 2015; and, WHEREAS, during a duly noticed public hearing on July 13, 2015, the City Council opened the hearing, took public testimony, considered pertinent recommendations from the Community Development Director, and referral agencies of the City of Aspen and adopted Ordinance No. 22, Series of 2015, approving Lot Split, which would allow the division 725 Cemetery Lane, a 39,704 square foot lot into two lots, allocating 22,023 square feet of lot area to Lot 1 and allocating 17,681 square feet of lot area to Lot 2; and, WHEREAS, the Aspen City Council finds that the lot split proposal meets or exceeds all the applicable development standards. NOW, THEREFORE, BE IT .ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves the Lot Split request to divide the 39,704 square foot lot into two lots; allocating 22,023 square feet to Lot 1 and allocating 17,681 square feet to Lot 2; and, 1 Section 2: Plat The Applicant shall record a lot split plat that meets the requirements of Land Use Code Chapter 26.490, Approval Documents; within 180 days of approval. The existing home need not be demolished to accommodate the newly created lot boundaries. The existing structure may remain for the life of the original structure only. Upon demolition, as defined in Section 26.104.100, Definitions, all structures on Lot 1 and Lot 2 shall comply with the applicable zone district provisions with respect to the newly created lot boundaries and setbacks. Section 3: Subdivision No further subdivision may be granted for the newly created lots. No additional units shall be constructed without the required land use approvals and growth management allocations. Section 4: Engineering The existing driveway and curb cut configuration shall be abandoned upon demolition of the existing residence. Access to the newly created Lot 1 is required to be off the existing 20' "Non-. Exclusive Easement" as recorded in Book 572 Page 384. A new curb cut along Cemetery Lane will not be permitted on this lot. Lot 2 shall be allowed one curb cut along Cemetery Lane. If objections by the grantees of the easement recorded in Book 572 Page 384 prevent the use of said easement by Lot 1; Lots 1 and 2 shall only be permitted one curb cut to serve both Lots 1 and 2, subject to approval by City Engineering. Section 5: Parks The Parks Department will require separate landscape and tree protection reviews for each new lot upon the request for building permit. Staff will determine if an approved tree pen -nit will be required prior to demolition or significant property changes. Tree removal mitigation will be handled through cash -in -lieu payment or by on -site plantings, such as street trees. Planting in the public right-of-way will be subject to landscaping in the right-of-way requirements. Improvements to the right-of-way should include new grass and irrigation. The applicant shall work with the Parks Department to design an appropriate trench box for any new tree plantings. Plans for'tree plantings shall be completed and conceptually approved prior to building permit submittal. Section 6: Water/Utilities Upon future development of either lot, utility design shall be incorporated into plans that will address individual services and meters for each lot. The Holden-Marolt Ditch runs along the western boundary of each newly created parcel. Prior to recording the plat for the lot split, an easement agreement acceptable and approved by the City Attorney shall be recorded and the ditch with reference to the recorded easement be shown in its full easement width on the plat. Section 7: Existing Floor Area Credit Allocation The floor area calculations for the existing single family home shall be provided with the demolition permit in accordance with Section 26.575.020, Calculations and Measurements. Floor 2 area credit applies to three forms of mitigation. Credit for the existing floor area shall be allocated between the two lots evenly; with the exception of floor area credit as it is applied to School Land Dedication. 100% of the floor area applied to School Land Dedication fees shall be applied to Lot 1. This allocation, notated by "fee type", is shown in Table 1. Tahle 1 _ Existing Floor Area Credit Allocation Table Fee Type Lot 1 Lot 2 School Land Dedication 100% 0% Parks 50% 50% Affordable Housing 1 50% 50% If the floor area calculations are not provided prior to demolition, the applicant forfeits the right to any floor area credit. This condition may be amended by the Community Development Director. Nothing herein shall exempt development on these lots to the applicability of impact fees, amendments to fee schedules or adoption of new impact mitigation requirements. Section 8: Vested Property Rights The development approvals granted herein shall constitute a site -specific development plan vested for a period of three (3) years from the date of issuance of a development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property:. Hutton Lot Split, A tract of land situated in lots 3 and 12, section 12, township 10 south, range 85 west of the 6th principal meridian, being a portion of that certain tract of land described in book 183 at page 271 in the records of Pitkin County, described as follows: beginning at a point on the westerly line of county road whence the west 1/4 comer of said section 12 bears south 58 degrees 17 minutes west 1614.50 feet; thence south 76 degrees 26 minutes west 177.70 feet; thence north 25 degrees 14 minutes west 204.22 feet; thence north 76 degrees 26 minutes east 219.00 feet to a point on the westerly line of said county road; thence south 13 degrees 34 minutes east 200.00 feet along the westerly line of said county road to the point of beginning, County of Pitkin, State of Colorado by Ordinance No. 22, Series of 2015, of the Aspen City Council. 3 Section 9• This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue .of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 10: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 11: A public hearing on the ordinance shall be held on the 13"' day of July, 2015, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Section 12: This ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 22"d of June, 2015. Attest: A Linda Manning, City Cle Mayor . FINALLY, adopted, passed and approved this 13"' day of Joy, 2015. Attest: 0..1 QA Linda Manning, City Clerk Approved as to form: ames R. True, City Attorney 4 Ordinance 22, Series 2015 Exhibit A Hutton :Lot Split A TRACT OF LAND SITUATED IN LOTS 3 AND 12, SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN BOOK 183 AT PAGE, 271 IN THE RECORDS OF PITKIN COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF COUNTY ROAD WHENCE THE WEST 1/4 CORNER OF SAID SECTION 12 BEARS SOUTH 58 DEGREES 17 MINUTES WEST 1614.50 FEET; THENCE SOUTH 76 DEGREES 26 MINUTES WEST 177.70' FEET; THENCE NORTH 25 DEGREES 14 MINUTES WEST 204.22 FEET; THENCE NORTH 76 DEGREES 26 MINUTES EAST 219.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID COUNTY ROAD; THENCE SOUTH 13 DEGREES 34 MINUTES EAST 200.00 FEET ALONG THE WESTERLY LINE OF SAID COUNTY ROAD TO THE POINT OF BEGINNING, COUNTY OF PITKIN, STATE OF COLORADO MEMORANDUM TO: Mayor Skadron and Aspen City Council FROM: Hillary Seminick, Planning Technician THRU: Chris Bendon, Community Development Director RE: Hutton Lot Split Second Reading of Ordinance #22, Series of 2015 MEETING DATE: July 131h, 2015 APPLICANT: Robert Hutton REPRESENTATIVE: BMC Planning + Design LOCATION: 725 Cemetery Lane PARCEL ID: 2735-122-00-008 CURRENT ZONING: R-15, Moderate Density Residential LEGAL DESCRIPTION: The lot is a parcel described in meets and bounds and is commonly known as 725 Cemetery Lane. For Figure 1. Image of Subject Property full legal description, please refer to the draft ordinance. SUMMARY: The Applicant requests to subdivide a 39,704 sf gross lot area parcel with an existing single family home into two lots. Lot 1 will be allocated 22,023 sf of gross lot area and Lot 2 will be allocated a gross lot area of 17,681 sf. The net lot area of each lot will be 17,681 sf and therefore equal as currently calculated by the land use code. STAFF RECOMMENDATION: Staff recommends approval of the request to subdivide the property commonly known as 725 Cemetery Road. Hutton Lot Split Staff Memo July 10, 2015 Page 1 of 7 ADDITIONAL INFORMATION SINCE FIRST READING The First Reading for the Hutton Lot Split was held on June 22, 2015. The information provided below is intended to clarify the Application and address questions or concerns stated by City Council at First Reading. The remainder of the Staff Memo has not changed; however, Figure 3 was edited to remove a typo and moved within the Project Summm section of the memo to address formatting issues. Access Easement There is a parcel, known as 729/731 Cemetery Lane and referred to in the Staff Memo as Ironwood Condos, to the west of the subject property. The Ironwood Condos parcel does not have frontage to Cemetery Lane and is boarded by the Aspen Golf Course on three sides and the subject property to the east. Access to the Ironwood Condo parcel is provided by a non-exclusive access easement, a technical term for the shared driveway. Staff has provided Figure A below to further clarify the Figure A. Subject property in red, Ironwood Condos in blue. The Figure is oriented to the east. Future Development While no development for the lot is proposed at this time; the Applicant has represented the client has expressed interest in redeveloping the property with a duplex on each newly created lot. All future development would be subject to the requirements of the R-15 Zone District. Non -Conformities According to Section 26.480.040.D, Existing Structures, Uses and Non -Conformities; if the approval of a subdivision creates a non -conforming structure, the structure may continue until Hutton Lot Split Staff Memo July 10, 2015 Page 2 of 7 recordation of the subdivision plat. The Code allows for "certain assurances that the non - conformities will be remedies after recordation of the subdivision plat" by a legal mechanism acceptable to the City Attorney. The proposed lot split line would create a non -conforming building because the existing building would span the newly created lot line. As noted in the Staff Review Criteria in Exhibit B, to provide said assurance; the Ordinance includes a condition of approval that allows the structure to remain for the life of the original structure only. Upon demolition, as defined in Section 26.104.100, Definitions, all structures on Lot 1 and Lot 2 shall comply with the R-15 Zone District provisions with respect to the newly created lot boundaries and setbacks. Existing Floor Area —Impact/Mitigation Fees Impact fees are assessed on the floor area of a new development when a structure is demolished. Replacing the existing development is not subject to impact fees; therefore, the existing floor area is considered a "credit" towards impact fees for new development. Floor area calculations must be provided prior to demolition of the existing to document this credit. As a part of the building permit process, fees are assessed on the floor area of the new development and the existing development floor area credit is then deducted from this figure. Affordable Housing, School Land Dedication, and Parks fees are then assessed on the net new floor area of the new development. * **Memo from First Reading Continues Below*** LAND USE REQUEST AND REVIEW PROCEDURE: The Applicant is requesting the following land use approval from the City Council: • Lot Split. The split of a lot for the purpose of creating one (1) additional development parcel on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the following conditions are met... (see Exhibit B, Review Criteria). A lot split is considered an exemption from the full review associated with other forms of subdivision, and does not require a public hearing before the Planning and Zoning Commission prior to City Council. BACKGROUND: The subject parcel, legally described in meets and bounds, currently has a single family structure on the property. The meets and bounds parcel was first described in a land patent to Samuel Flanagan in April of 1894. A land patent is an exclusive land grant between the US Government, at that time the US General Land Office, and the grantee. The land was exchanged between various parties and further subdivided over the years while the property was within Pitkin County jurisdiction. The lot to the rear known as Ironwood Condominiums at 729 and 731 Cemetery Lane, was severed from the 725 Cemetery Lane parcel in April of 1964, while the property was beyond City Limit. Additionally, the creation of this parcel was prior to the adoption of Ordinance 6, 1969; which established Subdivisions within the City of Aspen. 725 Cemetery Lane, shown in Figure 2, has not been previously subdivided under City of Aspen Land Use Regulations and is therefore eligible for a lot split. Hutton Lot Split Staff Memo July 10, 2015 Page 3 of 7 ✓,�3�� 1 C .1 er. Figure 2. Subject Parcel Location Map (site highlighted in yellow) PROJECT SUMMARY: The Applicant requests of the City Council approval for a lot split that will divide the current 39,704 sq. ft. parcel into two parcels as shown in Figure 3. Lot 1 will be allocated 22,023 sf of gross lot area and Lot 2 will be allocated a gross lot area of 17,681 sf. The lot area allocation is summarized in Table 1. Hutton Lot Split Allocations. Tnhle 1. 725 Rnttnn T.nt 4nlit Allnentinnc Gross Lot Area Lot Area Deductions Net Lot Areal Fathering Parcel 39,704 sf 4,3422 35,362 sf Lot 1 22,023 sf 4,342' 17,681 sf Lot 2 17,681 sf 17,681 sf Net lot area was calculated March 2015 in accordance with 26.575.020.0 Measuring Net Lot Area and is subject to change. 2 The lot area deductions are attributed to a vehicular access easement for 729/731 Cemetery Lane. No new development is proposed with this application, and no new utilities are required as a result of the lot split. Hutton Lot Split Staff Memo July 10, 2015 Page 4 of 7 Non- Exclusive Access Easement `' r Parcel _ .,. EG,.jrS Area3s1 ./mot}, Existing Single `_ , r s ASM .. Family Residence -• -.- i .... _. •c r a ,� ``' t t Ts � ,I imam . — — r �'a.•a, Lot 2 _ _ - � � � ' :> r Gross Area ,.. 3 ,..�, � -• _ _ . _ ..... - .rA ( _ PROPOSED LOT SPLIT iNPROVENENT� `�OPO =IC SURVEY •�'• ',E, •'s uffiw •.,m Io,x nt-comae Figure 3. Hutton Lot Split Site Plan STAFF COMMENTS' Staff finds the application to meet all of the relevant requirements for subdivision, as well as those associated with lot split. The proposed lot split will not change the character or use of the parcels, and is compatible with the surrounding residential neighborhood. No new development is proposed at this time. . The two new lots are within the R-15 Zone District, where the minimum lot size is 15,000 sf. The dimensional characteristics of both Lot 1 (22,023 sf) and Lot 2 (17,681 sf) comply with the requirements of the R-15 zone district. The existing home straddles the boundary between the two lots. To avoid creating a non -conformity, the Ordinance includes a condition of approval that allows the structure to remain for the life of the original structure only. Upon demolition, as defined in Section 26.104.100, Definitions, all structures on Lot 1 and Lot 2 shall comply with the R-15 Zone District provisions with respect to the newly created lot boundaries and setbacks. The proposed fathering parcel contains one single family home, roughly in the center of the lot. Should the lot split be granted, one lot would receive one growth management allotment for a single family home or duplex as defined in 26.470.060.2(a)(1). The growth management allotment associated with the fathering parcel would be allocated to the other lot. This would result in each Hutton Lot Split Staff Memo Jul}' 10, 2015 Page 5 of 7 lot receiving an allotment for a single family home or duplex. No additional land use review for a growth management allotment would be required as a result of this lot split. The property is eligible to receive a credit for the existing floor area on the property. This credit will be used towards impact fees at time of Building Permit. Staff has recommended this credit be allocated between the two newly created lots as a condition of approval. Credit for the existing floor area shall be allocated between the two lots evenly; with the exception of floor area credit as it is applied to School Land Dedication. 100% of the floor area applied to School Land Dedication fees shall be applied to Lot 1. This allocation, notated by "fee type", is shown in Table 2. This floor area credit allocation has been included as a condition of approval and may be amended by the Community Development Director. Table 2. Existing Floor Area Credit Allocation Table Fee Type Lot 1 Lot 2 School Land Dedication 100% 0% Parks 50% 50% Affordable Housing 50% 50% REFERRAL AGENCY COMMENTS: • Parks Department — Future development will require separate landscape/tree protection reviews and permits. Approved tree permits will be required prior to demolition or significant property change, should a tree be affected. There are two 15 inch spruce trees on Lot 2 the Parks Department would like to see preserved. Water/Utilities — As proposed the lot split has negligible utility impacts. If either lot is developed in the future, utility design should be incorporated to address individual services and meters for both lots. The Marolt Holden Ditch, owned by City and maintained by City runs on the east lot line of both Lots I and 2. An easement is not recorded for either property. While a prescriptive easement exists for the ditch, it is recommended the Applicant and the City enter an Agreement for the ditch easement. STAFF RECOMMENDATION: In reviewing the proposal, Staff finds the application to be consistent with the applicable review standards as found in the City Land Use Code. Staff is recommending approval of this request. CITY MANAGER COMMENTS: Hutton Lot Split Staff Memo July 10, 2015 Page 6 of 7 PROPOSED MOTION: "I move to approve Ordinance # 22, Series of 2015, approving the Hutton Lot Split. ATTACHMENTS: Exhibit A — Proposed Plat Exhibit B — Review Criteria Exhibit C — Access Easement Exhibit D — Application Hutton Lot Split Staff Memo July 10, 2015 Page 7 of 7 ORDINANCE NO.22 (SERIES OF 2015) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE HUTTON LOT SPLIT FOR THE PROPERTY COMMONLY KNOWN AS 725 CEMETERY LANE, LEGALLY DESCRIBED IN EXHIBIT A; CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737-073-16-003 WHEREAS, the Community Development Department received an application from BMC Planning + Design on behalf of Robert Hutton, requesting Lot Split review for the property commonly known as 725 Cemetery Lane; and, WHEREAS, the subject property is zoned Moderate Density Residential (R-15); and, WHEREAS, the Applicant has requested a Lot Split review by the City Council and approval to divide the current 39,704 square foot lot into two lots; allocating 22,023 square feet of gross lot area to Lot 1 and allocating 17,681 gross square feet to Lot 2; and, WHEREAS, the City Council has reviewed and considered the lot split proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing on July 13, 2015; and, WHEREAS, during a duly noticed public hearing on July 13, 2015, the City Council opened the hearing, took public testimony, considered pertinent recommendations from the Community Development Director, and referral agencies of the City of Aspen and adopted Ordinance No. 22, Series of 2015, approving Lot Split, which would allow the division 725 Cemetery Lane, a 39,704 square foot lot into two lots, allocating 22,023 square feet of lot area to Lot 1 and allocating 17,681 square feet of lot area to Lot 2; and, WHEREAS, the Aspen City Council finds that the lot split proposal meets or exceeds all the applicable development standards. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves the Lot Split request to divide the 39,704 square foot lot into two lots; allocating 22,023 square feet to Lot I and allocating 17,681 square feet to Lot 2; and, Section 2• Plat The Applicant shall record a lot split plat that meets the requirements of Land Use Code Chapter 26.490, Approval Documents; within 180 days of approval. The existing home need not be demolished to accommodate the newly created lot boundaries. The existing structure may remain for the life of the original structure only. Upon demolition, as defined in Section 26.104.100, Definitions, all structures on Lot 1 and Lot 2 shall comply with the applicable zone district provisions with respect to the newly created lot boundaries and setbacks. Section 3: Subdivision No further subdivision may be granted for the newly created lots. No additional units shall be constructed without the required land use approvals and growth management allocations. Section 4: Engineering The existing driveway and curb cut configuration shall be abandoned upon demolition of the existing residence Access to the newly created Lot 1 is required to be off the existing 20' "Non - Exclusive Easement" as recorded in Book 572 Page 384. A new curb cut along Cemetery Lane will not be permitted on this lot. Lot 2 shall be allowed one curb cut along Cemetery Lane. If objections by the grantees of the easement recorded in Book 572 Page 384 prevent the use of said easement by Lot 1; Lots 1 and 2 shall only be permitted one curb cut to serve both Lots 1 and 2, subject to approval by City Engineering. Section 5• Parks The Parks Department will require separate landscape and tree protection reviews for each new lot upon the request for building permit. Staff will determine if an approved tree permit will be required prior to demolition or significant property changes. Tree removal mitigation will be handled through cash -in -lieu payment or by on -site plantings, such as street trees. Planting in the public right-of-way will be subject to landscaping in the right-of-way requirements. Improvements to the right-of-way should include new grass and irrigation. The applicant shall work with the Parks Department to design an appropriate trench box for any new tree plantings. Plans for tree plantings shall be completed and conceptually approved prior to building permit submittal. Section 6: Water/Utilities Upon future development of either lot, utility design shall be incorporated into plans that will address individual services and meters for each lot. The Holden-Marolt Ditch runs along the western boundary of each newly created parcel. Prior to recording the plat for the lot split, an easement agreement acceptable and approved by the City Attorney shall be recorded and the ditch with reference to the recorded easement be shown in its full easement width on the plat. Section 7: Existing Floor Area Credit Allocation The floor area calculations for the existing single family home shall be provided with the demolition permit in accordance with Section 26.575.020, Calculations and Measurements. Floor 2 area credit applies to three forms of mitigation. Credit for the existing floor area shall be allocated between the two lots evenly; with the exception of floor area credit as it is applied to School Land Dedication. 100% of the floor area applied to School Land Dedication fees shall be applied to Lot 1. This allocation, notated by "fee type", is shown in Table 1. Table 1. Existing Floor Area Credit Allocation Table Fee Type Lot 1 Lot 2 School Land Dedication 100% 0% Parks 50% 50% Affordable Housing 50% 50% If the floor area calculations are not provided prior to demolition, the applicant forfeits the right to any floor area credit. This condition may be amended by the Community Development Director. Nothing herein shall exempt development on these lots to the applicability of impact fees, amendments to fee schedules or adoption of new impact mitigation requirements. Section 8: Vested Property Rights The development approvals granted herein shall constitute a site -specific development plan vested for a period of three (3) years from the date of issuance of a development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Hutton Lot Split, A tract of land situated in lots 3 and 12, section 12, township 10 south, range 85 west of the 6th principal meridian, being a portion of that certain tract of land described in book 183 at page 271 in the records of Pitkin County, described as follows: beginning at a point on the westerly line of county road whence the west 1/4 corner of said section 12 bears south 58 degrees 17 minutes west 1614.50 feet; thence south 76 degrees 26 minutes west 177.70 feet; thence north 25 degrees 14 minutes west 204.22 feet; thence north 76 degrees 26 minutes east 219.00 feet to a point on the westerly line of said county road; thence south 13 degrees 34 minutes east 200.00 feet along the westerly line of said county road to the point of beginning, County of Pitkin, State of Colorado by Ordinance No. 22, Series of 2015, of the Aspen City Council. 3 Section 9• This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 10: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 11: A public hearing on the ordinance shall be held on the 13' day of July, 2015, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Section 12• This ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 22"d of June, 2015. Attest: Linda Manning, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this 13' day of July, 2015 Attest: Linda Manning, City Clerk Approved as to form: James R. True, City Attorney Steven Skadron, Mayor 4 Ordinance 22, Series 2015 Exhibit A Hutton Lot Split A TRACT OF LAND SITUATED IN LOTS 3 AND 12, SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN BOOK 183 AT PAGE 271 IN THE RECORDS OF PITKIN COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF COUNTY ROAD WHENCE THE WEST 1/4 CORNER OF SAID SECTION 12 BEARS SOUTH 58 DEGREES 17 MINUTES WEST 1614.50 FEET; THENCE SOUTH 76 DEGREES 26 MINUTES WEST 177.70 FEET; THENCE NORTH 25 DEGREES 14 MINUTES WEST 204.22 FEET; THENCE NORTH 76 DEGREES 26 MINUTES EAST 219.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID COUNTY ROAD; THENCE SOUTH 13 DEGREES 34 MINUTES EAST 200.00 FEET ALONG THE WESTERLY LINE OF SAID COUNTY ROAD TO THE POINT OF BEGINNING, COUNTY OF PITKIN, STATE OF COLORADO 5 ,,05(81 DRIVEWAY AtT PAVED ASPT1 VIA HUTTON LOT SPLIT BEING A PLAT OF THE LANDS OF HUTTON FOR THE PURPOSES OF CREATING TWO LOTS OF THE LANDS AS DESCRIBED IN DEED RECORDED APRIL 19, 1994 IN BOOK 748 AT PAGE 396 AS RECEPTION #369310 MD. 4' BRASS DISC "Ii). SEC CORNER 1-2-11-12 US CADASTRAL' GIiY Of PSPEN GOLF COURSE �ASnG ILOW CAP US 134535� F NO S)JR,ASTICS�578 6a IRONWOODS CONDOMINIUMS (PER PLAT BOO( 26 PAGE 17) n 0 FND. CITY OF ASPEN CPS MONUMENT /GPS-I1(N) ELEV.7549.59' FND. CITY O ASPEN CIS MONUMENT AGPS-10(N) ELEV=787, 12' NAV3'88 N W51'49' W 1517.03' MEASURED /� ,DENCHMARK AND ELEVATION DATUM USED HEREON (N 36'01'17' W 1517.09' MARGIN/CITY) \yjTA}(f (fil 0816'58' W 520.89' MEASURED TIE FND. 5/8' REBAR NO CAPS s STOR. alw.L+ F P1RW P ( co'gow"UE "o N �I (PER Pl __ �: wGE\ N 76�8•p019 p0') A�HA,LT PAVED D/ QTf .NpN.FXp,S�` PAc�E�•l ZO' (WIDE D�0 BOOR ..� LOT 1 NET AREA = 17,681E SQUARE FEET GROSS AREA - 22,023t SQUARE FEET b FL51 NEW Lp1 N j6�6 p0 E LOT 2 NET AREA = 17,681t SQUARE FEET GROSS AREA = 17,681t SQUARE FEET CAP CORNER 10.i5 TO TOT CCRI{ER N E / eT6C1� Gp1'f CQURS / OF PSPEN / / 1 `1+0.5/8'"ELLDW PLASTIC CAP LS /28643 Ol / CO TE 1�g} Py1W /P6G. XTE/ pf,P W /. cp NL / LEGEND SANITARY SEWER MANHOLE / CMP - CORRUGATED METAL PIPE / ( ) DENOTES OFFICIAL RECORD INFORMATION \\/ _ LAT. LATERAL W.V. - - WATER VALVE RIGHT OF WAY (CITY OF ASPEN) / EP/W EDGE OF ASPHALT PAVEMENT / O - SET 5\6" REBAR WITH YELLOW PLASTIC / CAP LS p24312 (UNLESS OTHERWISE NOTED) / / -T & E- - TELEPHONE & ELECTRICAL LINE / GRAPHIC SCALE -G- - GAS LINE / -W- - ADJ WATER LINE / - ADJACENT MIT FND. - FOUND / ( IN FEET ) / 1 inch = 2D IL r FND. 4' BRASS DISC -1954 :/4 CORNER' v°e CONSENT OF MORTGAGE HOLDER: THE UNDERSIGM1'ED, AS MORTGAGEE UNDER THE PROVISIONS OF THE CERTAIN DEEDS OF TRUST DATED JUNE 13. 2013 AND RECORDED IN THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY AS RECEPTION NO. 600483. HEREBY CONSENTS TO THE RECORDING OF THIS PLAT AS HEREON DRAWN AND HEREBY SUBORDINATES THE LIEN OF SAID DEED OF TRUST TO THE MATTER SET FORTH ON THIS PLAT. T,TLE: NOTARY PUBLIC CERTIFICATECERTFICA�: STATE OF COLORADO I COUNTY OF PITKIN i. THE FOREGOING CONSENT OF MORTGAGE HOLDER CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2010 BY OF ANB BANK WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC Ga eryw�i �M� g ASPEN 4 L• G ASPEN CITY COUNCIL APPROVAL AND ACCEPTANCE: VICINITY MAP bOF THIS H,TTON LOT SPLIT WAS APPROVED AND ACCEPTED BY THE CITY COUNCIL THE CITY OF ASPEN N.T.S. �`B+ THIS DAY OF ----- _--- -_- 2015 CERTIFICATE OF DEDICATION AND OWNERSHIP: rn r(\ 1 y B". BY: MAYOR CITY CLERK KNOW ALL MEN BY THESE PRESENTS THAT ROBERT C. MUTTON BEING THE FEE SMPLE OWNER OF THE PROPERTY HEREIN DESCRIBED C) /v Q HAS By THESE PRESENTS LAID OUT AND PLATTED THE SAME COMMUNITY DEVELOPMENT APPROVAL INTO LOTS 1 AND 2 HUTTDN LOT SPUT SHEETS ONE TO ONE EXECUTED THIS DAY OF 2015 - THIS HUTTON LOT SPUT WAS RENEWED __ __ , AND APPROVED BY THE CITY OF ASPEN, COMMUNITY DEVELDPMENT ZDIRECTOR THIS DAY OF __ 2015. BY: �T RDBERT C. HUTTON AS OWNER COMMUNITY DEVELOPMENT DIRECTOR NOTARY PUBLIC CERTIFICATE: ENGINEERING DEPARTMENT REVIEW: STATE OF COLORADO ) THIS H'J TTON LOT SPLIT PLAT WAS REVIEWED FOR THE COUNTY OF PITKIN ) 11 DIPICTIDN OF THE ENGINEERING DEPARTMENT SURVEY REQUIREMENTS. THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED N \ THIS DAY OF __,_ 2015. BEFORE ME THIS DAY OF _— 2015 BY ROBERT C. HUTTON AS BY: OWNER OF THE LANDS WITHIN THE DISTINCTIVE BOUNDARY LINE SHOWN HEREON A. \ CITY ENGINEER WTNESS MY HAND AND OFFICIAL SEAL. 0= 8 MY COMMISSION EXPIRES: NOTARY PUBLIC 4 CITY OF ASPEN CONDITIONS OF APPROVAL• I, THE DRIVEWAY AND CURB CUT CONFIGURATION (AS NOW EXISTS) SHALL BE ABANDONED. 2. ACCESS TO THE NEWLY CREATED LOT I (NORM LOT BY THIS PLAT) IS REWIRED TO BE OFF THE EXISTING 20 'NON-EXCLUSIVE EASEMENT' AS RECORDED IN BOOK 572 PAGE 384. A NEW CURB CUT ALONG CEMETERY LANE WILL NOT BE PERMITTED ON SAID LOT I. 3. LOT 2 (SCJTH LOT BY THIS PLAT) WLL BE ALLOWED ONE CURB CUT ALONG CEMETERY LANE. SUR YOR NO S: 1. BENCHMARK: ELEVATIONS SHOWN HEREON ARE BASED ON FOUND MONUMENT CITY OF ASPEN CPS -10(N) AS SHOW HEREON. NAVD '88 ELEVATION DATUM - MONUMENT ELEVATION - 7871.92' (PER MARGIN ENGINEERING/ASPEN GPS CONTROL SURVEY DATED 07/27/10) 2. BASIS OF BEARINGS: THE BEARING N 0015'DO' W RFTWFFN FOIND uONIwFNTS AIDING Tuc N—TH Al F FA THE WEST SECTION LINE OF SECTION 12. TOWNSHIP 10 SWIM, RANGE 85 WEST OF THE 61 PRINCIPAL MERIDIAN, AS SHOWN ON THE PUT ENTITLED OPEN SPACE ANNEXATION NO. 1' FILED IN PLAT BOOK 4 AT PAGE 191 WAS TAKEN AS THE BASIS OF BEARINGS SHOWN HEREON. 3. LAND TITLE GUARANTEE COMPANY COMMITMENT ORDER NO. Q62006490-2 DATED MARCH 09. 2015 WAS USED IN PREPARING THIS SURVEY. 4. ALL DIMENSIONS SHOWN ARE IN FEET AND DECIMALS THEREOF. LEGAL DESCRIPTION' (PER VESTING DEED RECEPTION #369310) ALL MAT CERTAIN REAL PROPERTY SITUATE IN ME CTY OF ASPEN, COUNTY OF PITKIN, STATE O COLORADO. BEING A TRACT OF LAND SITUATED IN LOTS 3 AND 12, SECTI.ON 12. TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 61 PRINCIPAL MERIDAN, BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN BOOK 183 AT PAGE 271 :N THE RECORDS OF PITKIN COUNTY, SAID REAL PROPERTY BEING MORE PARTICULARLY DESCR18ED AS FOLLOWS: BEGINNING AT A PONT ON THE WESTERLY LINE OF COUNTY ROAD, WHENCE THE WEST 1/4 CORNER OF SAID SECTION 12 BEARS SOUTH 58-7'00' WEST 1614.50 FEET; THENCE SOUTH 7675'00' WEST 177.70 FEET; THENCE NORTH 2514'00' WEST 204.22 FEET: THENCE NORTH 7626'00' EAST 219.00 FEET TO A PDNT ON THE WESTERLY UNE OF SAID COUNTY ROAD; THENCE SOUTH 13'34'W EAST 200.00 FEET ALONG T-E WESTERLY LINE OF SAID COUNTY ROAD TO THE POINT OF BEGINNING. PITKIN COUNTY CLERK AND RECORDERS CERTIFICATE' THIS HUTTON LOT SPLIT PLAT IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO AT O'CLOCK M. THIS DAY OF 2015 IN FLAT BOOK AT PAGE AT RECEPTION NO. PITKIN COUNTY CLERK AND RECORDER TITLE CERTIFICATE -- LAN TILE GUARANTEE CO A,y DOES HEREBY CERP.FY THAT I HAT£ EXAMINED THE PILE TO ALL LAND SHOWN UPON THIS PLAT AND MAT TITLE TO SUCH LANDS IS VESTED FREE AND CLEAR 0' ALL UENS AND ENCUMBRANCES EXCEPT NOTARY PUBLIC CERTIFICATE: STATE O COLORAD0 COUNTY OF PITKIN THE FOREGONG TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF ___ 2015 BY AS OF LAND TITLE GUARANTEE COMPANY. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSON EXPIRES: NOTARY PUSUC SURVEYOR'S CERTIFICATE: I, ROBERT C_ HUTTON. PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT I HAVE PREPARED THIS HUTTDN LCT SPLIT, THAT THE LOCATION OF THE OUTSIDE BOUNDARY, ROADS AND OTHER FEATLRES ARE ACCURATELY AND CORRECTLY SHOWN HEREON, THAT THE SAME ARE BASED ON FIELD SURVEYS AND THAT THE PLATTED SITE CONFORMS TO WHAT IS STAKED ON THE GROUND, AND THAT THE ACCURACY OF ALL BOUNDAP� BEAR NGS, DISTANCES AND CLOSURES SHOWN HEREON ARE BETTER THAN 1:15.000. IN WITNESS THEREOF.I HAVE SET MY HAND AND SEAL THIS DAY OF 2015. ROBERT C. HUTTON, PLS /24312 HUTTON LOT SPLIT BEING A PLAT OF THE LANDS OF HUTTON AS DESCRIBED IN DEED RECORDED APRIL 19, 1994 IN BOOK 748 AT PAGE 396 AS RECEPTION #369310 CITY OF ASPEN PITKIN COUNTY COLORP')0 SCALE 1' = 20' DATE: JUNE, 2015 ROBERT C. HUTTON PROFESSIONAL LAND SURVEYOR 725 CEMETERY LANE ASPEN, COLORADO 81611 (970) 544-9952 SHEET I OF 1 JOB/ 104FINAL GIDEON I. KAUFMAN• LAW OFFICES HAL S. DISHLER "" OF PATRICK D. MCALLISTER KAUFMAN, DISHLER & MCALLISTER, P.C. ' ALSO ADMITTED IN MARYLAND ALSO ADMITTED IN TEXAS 315 EAST HYMAN AVENUE SUITE 305 ASPEN, COLORADO 81611 July 13, 2015 City Council of the City of Aspen Steve Skadron, Mayor Adam Frisch, Council Member Art Daily, Council Member Ann Mullins, Council Member Bert Myrin, Council Member James R. True, City Attorney 130 S. Galena Aspen, Colorado 81611 Re: Hutton Lot Split Dear Mr. Mayor and Council Members: TELEPHONE (970)925-8166 FACSIMILE (970)925-1090 'ECEIVED JUL 1 3 2015 Gil 'Y OF .torEN oh 1AA1 iN1TY P., 0- .0WN ► This law firm represents Andrew and Deborah Katz owners of the Property located at 729 Cemetery Lane, Aspen, Colorado. We request that as a condition of approval of the Lot Split, City Council require that access and parking be limited to front of the property and that the existing access easement be used/disturbed only enough to allow access across first 20 feet off Cemetery Lane to enable left turn onto the new lot for access/driveway/parking. Our reasons for this request are as follows: 1. Exhibit 1. Two Photographs of the exiting access drive to the Katz Property. a. Practically speaking the access stands alone and is separate and apart from the Hutton Lot. b. Do not want to disturb existing and long standing vegetation as well preserving "over all" character of access, its presence and feel. 2. Exhibit 2. Prior Land Use Code Section - Overburdening the 1988 Easement. a. 1988 easement didn't contemplate the proposed duplex - use and impacts. Land Use Code in affect at time easement was entered into didn't allow duplex. b. No allocation of costs in the easement. Benefitted estate pays all. This is not consistent with intent of easement that the fronting property could use the access drive with cars - otherwise there would have been cost sharing provisions in the easement. 3. Exhibit 3. Residential Design Standards. a. When Accessing from Public Street — access and parking allowed forward of front facade. b. This situation is very unique. Design Standards that promote moving parking and access away from front of the property don't take into consideration contiguous rear lot with no access other than private easement. Access and parking mandated forward of front fagade protects the Katz's. C. Rather than keep impacts of access and parking in front, Developer plans to use the existing access drive to take traffic and parking further down property line. d. Negative Impacts to Katz property - car and pedestrian traffic noise, car lights, car doors slamming, damage to easement vegetation, trees, fence, and other improvements. 4. Exhibit 4. GIS Map. 5. Fairness. Speculative Developer. Will increase density and profit significantly; but, leave negative impact behind. The Katz's will property will be injured if access and parking is not restricted to front of property. Doesn't seem fair and is not consistent with overriding goal of minimizing negative impacts in this type of proposed development/impact. No negative impact to new lot if the requested conditions are imposed by Council. Thank You KAUFMA DISHLER & MCALLISTER, P.C. A Profes'sionAl Comoration 0 2 -."IT, tz- § 5-201 ASPEN CODE Lot Size Duplex Allowable (Square Feet)* Square Feet* 9,000-15,000 4,080 square feet of floor area, plus 6 square feet of floor area for each additional 100 square feet in lot area, up to a maximum of 4,440 square feet of floor area. 15,000-50,000 4,440 square feet of floor area, plus 5 square feet of floor area for each additional 100 square feet in lot area, up to a maximum of 6,190 square feet of floor area. 50,000+ 6,190 square feet of floor area, plus 3 square feet of floor area for each additional 100 square feet in lot area. 11. Internal floor area ratio: No requirement. E. Off-street parking requirement. The following off-street parking spaces shall be pro- vided for each use in the Medium -Density Residential (R-6) zone district, subject to the provisions in Article 5, Division 3. 1. All residential uses: 1 space/bedroom, fewer spaces may be provided by special review pursuant to Article 7, Division 4 for historic landmarks only. 2. Lodge uses: Requires special review pursuant to Article 7, Division 4. 3. All other uses: Requires special review pursuant to Article 7, Division 4. Sec. 5-202. Moderate -Density Residential (R-15). A. Purpose. The purpose of the Moderate -Density Residential (R.-15) zone district is to provide areas for residential purposes with customary accessory uses. Recreational and insti- tutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Moderate -Density Residential (R-15) zone district typically consist of additions to the Aspen Townsite and subdivisions on the periphery of the city. Lands within the Townsite which border Aspen Mountain are also included in the Moderate -Density Resi- dential (R-15) zone district. B. Permitted uses. The following uses are permitted as of right in the Moderate -Density Residential (R-15) zone district. 1. Detached residential dwelling; 2. Duplex; 3. Farm buildings and uses, provided that all such buildings and storage areas are located at least 100 feet from pre-existing dwellings on other lots; *Total external floor area ratio for two detached residential dwellings or a duplex on a lot between 6,000 and 9,000 square feet containing a historical landmark shall not exceed the floor area allowed for one detached residential dwelling. Total external floor area for two detached residential dwellings on a lot of 9,000 square feet or greater shall not exceed the floor area allowed for one duplex. 1610 LAND USE REGULATIONS § 5-202 4. Home occupations; and 5. Accessory buildings and uses. C. Conditional uses. The following uses are permitted as conditional uses in the Moderate - Density Residential (R-15) zone district, subject to the standards and procedures established in Article 7, Division 3. 1. Open use recreation site; 2. Public or private academic school; 3. Church; 4. Group home; 5. Day care center; 6. Museum; 7. Satellite dish antenna; 8. Lodge, where indicated by designation as a Lodge Overlay District (L) pursuant to Section 5-225; and 9. For properties which contain a historic landmark: bed and breakfast; boarding house; and two detached residential dwellings or a duplex on a lot with a minimum area of 15,000 square feet. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Moderate -Density Residential (R-15) zone district. 1. Minimum lot size (square feet): 15,000 2. Minimum lot area per dwelling unit (square feet): Detached residential dwelling: 15,000 Duplex: A duplex may be developed on a lot of 15,000 square feet that was subdivided as of April 28, 1975. Otherwise the duplex must be developed with a minimum lot area of 10,000 square feet per dwelling unit, unless the property contains a historic landmark, in which case a duplex or two detached residential dwellings may be developed with a minimum lot area of 7,500 square feet per unit. Bed and breakfast, boardinghouse: No requirement. 3. Minimum lot width (feet): 75 4. Minimum front yard (feet): All buildings except residential dwellings and accessory buildings: 30 Residential dwellings: 25 Accessory buildings: 30 5. Minimum side yard (feet): 10 1611 3 M-M B. Building form. The intent of the following building form standards is to respect the scale of Aspen's historical homes by creating new homes which are more similar in their massing, by promoting the development of accessory units off of the City alleys and by preserving solar access. Secondary mass. All new single-family and duplex structures shall locate at least ten percent (10%) of their total square footage above grade in a mass which is completely detached from the principal building or linked to it by a subordinate linking element. This standard shall only apply to parcels within the Aspen infill area pursuant to Subsection 26.410.010.13.2. Accessory buildings such as garages, sheds and accessory dwelling units are examples of appropriate uses for the secondary mass. ' -M A subordinate linking element for the purposes of linking a primary and secondary mass shall be at least ten (10) feet in length, not more than ten (10) feet in width, and with a plate height of not more than nine (9) feet. Accessible outdoor space over the linking element (e.g. a deck) is permitted but may not be covered or enclosed. Any railing for an accessible outdoor space over a linking element must be the minimum reasonably necessary to provide adequate safety and building code compliance and the railing must be 50% or more transparent. C. Parking, garages and carports. The intent of the following parking, garages and carport standards is to minimize the potential for conflicts between pedestrian and automobile traffic by placing parking, garages and carports on alleys or to minimize the presence of garages and carports as a lifeless part of the streetscape where alleys do not exist. City of Aspen Land Use Code Part 400 — Residential Design Standards Page 5 1. For all residential uses that have access from an alley or private road, the following standards shall apply: a) Parking, garages and carports shall be accessed from an alley or private road. b) If the garage doors are visible from a street or alley, then they shall be single -stall doors or double -stall doors designed to appear like single -stall doors. c) If the garage doors are not visible from a street or alley, the garage doors may be either single - stall or normal double -stall garage doors. 2. For all residential uses that have access only from a public street, the following standards shall be apply: 4 ^^�-�yy l-. B a) On the street facing facade(s), the width of the living area on the first floor shall be at least five (5) feet greater than the width of the garage or carport. b) The front facade of the garage or the front -most supporting column of a carport shall be set back at least ten (10) feet further from the street than the front -most wall of the house. . -x *ax•s-� c) On lots of at least fifteen thousand (15,000) square feet in size, the garage or carport may be forward of the front facade of the house only if the garage doors or carport entry are perpendicular to the street (side -loaded). City of Aspen Land Use Code Part 400 — Residential Design Standards Page 6 d) When the floor of a garage or carport is above or below the street level, the driveway cut within the front yard setback shall not exceed two (2) feet in depth, measured from natural grade. e) The vehicular entrance width of a garage or carport shall not be greater than twenty-four (24) feet. f) If the garage doors are visible from a public street or alley, then they shall be single -stall doors or double -stall doors designed to appear like single -stall doors. D. Building elements. The intent of the following building element standards is to ensure that each residential building has street -facing architectural details and elements, which provide human scale to the facade, enhance the walking experience and reinforce local building traditions. Street oriented entrance and principal window. All single-family homes and duplexes, except as outlined in Subsection 26.410.010.B.4 shall have a street -oriented entrance and a street facing principal window. Multi -family units shall have at least one (1) street -oriented entrance for every four (4) units and front units must have a street facing a principal window. j l i i i i j i i i i l i i j i Comer Lot i l l l i l l j ')(- Block Length —* On corner lots, entries and principal windows should face whichever street has a greater block length. This standard shall be satisfied if all of the following conditions are met: a) The entry door shall face the street and be no more than ten (10) feet back from the front -most wall of the building. Entry doors shall not be taller than eight (8) feet. Part 400 — Residential Design Standards Page 7 4 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 725 Lc SCHEDULED PUBLIC HEARING DATE: l3 . S drr� . o ri �� , 201,5' STATE OF COLORADO ) ss. County of Pitkin ) Aspen, CO I, l (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: V Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the day of , 20_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property.. subject to the development application. The names and addresses of properfy owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The forgoing "Affidavit of Notice" was acknowledged before me this cR Y day of,) ct ran__ , 2015 , by NOTICE OF PUBLIC HEARING RE: 725 CEMETERY LANE: MINOR SUBDIVISION Public Hearing: July 13th, 2015; 5pm Meeting Location: City Hall, City Council Cham- bers 130 S Galena St., Aspen, CO 81611 Project Name: Hutton Lot Split Project Location: 725 Cemetery Lane Legal Description: A tract of land situated in lots 3 and 12, section 12, township 10 south, range 85 west of the 6th principal meridian, being a portion of that certain tract of land described in book 183 at page 271 in the records of Pitkin County, de- scribed as follows: beginning at a point on the westerly line of county road whence the west 1/4 corner of said section 12 bears south 58 degrees 17 minutes west 1614.50 feet; thence south 76 de- grees 26 minutes west 177.70 feet; thence north 25 degrees 14 minutes west 204.22 feet; thence north 76 degrees 26 minutes east 219.00 feet to a point on the westerly line of said county road; thence south 13 degrees 34 minutes east 200.00 feet along the westerly line of said county road to the point of beginning, county of Pitkin, State of Colo- rado. Description:The applicant seeks to subdivide the current 39,704 sf parcel into two lots conforming to the R-15 Zone District requirements. A single fam- ily home is currently on the parcel Land Use Reviews Req:Minor Subdivision, Lot Split Decision Making eody:City Council Applicant: BMC Planning + Design, on behalf of Robert Hutton More Information:For further information related to the project, contact Hillary Seminick at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2741 hill- ary.seminick ®cityofaspen. com. Published in the Aspen Times Weekly June 26, 2015.(11295696) WITNESS MY HAND AND OFFICIAL SEAL 1 My commission ex Tres: eA A,( Lin 0 �'r* Notary Public KAREN REED PATTERSON NOTARY PUBLIC ATTACHMENTS AS APPLICABLE: STATE OF COLORADO )F THE P UBLICA TION NOTARY ID #19964002767 My Cort�ion Expire s Februa t 5, 2016 )GRAPH OF THE POSTED NOTICE (SIGN) F THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED �L :ANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE )UIREDBYC.R.S. §24-65.5-103.3 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: '7Z���gy �i.J�. ,Aspen, CO SCHEDULE PUBLIC HEARING DATE: STATE OF COLORADO ) ss. County of Pitkin ) (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice w�osted at least fifteen (15) days prior to the public hearing on the day of , / 20Z,5, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. VMailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of arty documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAS or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. The foregoing "Affidavit of Notice" was acknowled ed before me this day of �G i 4 , 20�, by - � r ,J it's PRY pVe WITNESS MY HAND AND OFFICIAL SEAL �?`r�,y�'� �`��P�'�• 'p Myc mixQr� sLs: y / DEBRA pAYNE N taPry Public OF COO ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGA9 • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 ATTACHMENT 6 PUBLIC HEARING NOTICING REQUIREMENTS Three forms of notice are required by the Aspen Land Use Regulations: publication in the newspaper, posting of the property, and mailing to surrounding landowners. Following is a summary of the notice requirements, including identification of who is responsible for completing the notice. 1. Publication - Publication of notice in a paper of general circulation in the City of Aspen is to be done at least fifteen (15) days prior to the hearing. The legal notice will be written by the Community Development Department and we will place the notice in the paper within the appropriate deadline. 2. Posting - Posting of a sign in a conspicuous place on the property is to be done fifteen (15) days prior to the hearing. It is the applicant's responsibility to obtain a copy of the sign from the Community Development Department, to fill it in correctly and to bring proof to the hearing that posting took place (use attached affidavit). 3. Mailing - Mailing of notice is to be made to all owners of property within 300 feet of the subject development parcel by the applicant. It is the applicant's responsibility to obtain a copy of the notice from the Community Development Department, to mail it according to the following standards, and to bring proof to the hearing that the mailing took place (use attached affidavit). Notice to mineral Estate Owner. An Applicant for surface Development shall notify affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application for development. The applicant shall certify that the notice has been provided to the mineral estate owners. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of pub is hearing. "!J►, K �P: Y Sc� i yY. , lie 'y PUBLIC NOTICE Date* July 13. 2015 11 • St., Council Chambers r;S 4,fit. Purpose: , ^Robert Hutton, r presen 4 p�b�lic hearing, at the above date andi City Council toreview— • • property • I fKz 3lans to ,r► �u :' ct the Aspen •�".' r.�',.• fir.' '�� F �. r �. fit. :`, ;�I.� .f .. �j/� 7 .� ,���t r'" ( - ••� 4��� � fF 7. ILL NOTICE OF PUBLIC HEARING RE: 725 CEMETERY LANE: MINOR SUBDIVISION Public Hearing: July 13th, 2015; 5pm Meeting Location: City Hall, City Council Chambers 130 S. Galena St., Aspen, CO 81611 Project Name: Hutton Lot Split Project Location: 725 Cemetery Lane Legal Description: A tract of land situated in lots 3 and 12, section 12, township 10 south, range 85 west of the 6th principal meridian, being a portion of that certain tract of land described in book 183 at page 271 in the records of Pitkin County, described as follows: beginning at a point on the westerly line of county road whence the west 1/4 corner of said section 12 bears south 58 degrees 17 minutes west 1614.50 feet; thence south 76 degrees 26 minutes west 177.70 feet; thence north 25 degrees 14 minutes west 204.22 feet; thence north 76 degrees 26 minutes east 219.00 feet to a point on the westerly line of said county road; thence south 13 degrees 34 minutes east 200.00 feet along the westerly line of said county road to the point of beginning, county of Pitkin, State of Colorado. Description: The applicant seeks to subdivide the current 39,704 sf parcel into two lots conforming to the R-15 Zone District requirements. A single family home is currently on the parcel. Land Use Reviews Req: Minor Subdivision, Lot Split Decision Making Body: City Council Applicant: BMC Planning + Design, on behalf of Robert Hutton More Information: For further information related to the project, contact Hillary Seminick at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2741 hillary.seminick@cityofaspen.com. PROJECT DESCRIPTION: The Applicant requests approval to subdivide 725 Cemetery Lane into two lots of 22,023 and 17,681 square feet. The newly proposed property line will divide the existing property into a north and south parcel (Lot 1 and Lot 2 as shown on opposite page). Parcel I D#: 2735-122-00-008 Applicant: Robert Hutton Representative: BMC Planning + Design Contact: info@bmcaspen.com / 970-948-0002 ;_ visTADR ,9�F Op m9 �u1w � ASPEN MEADOV.S NAT 9C SE`Drl y m. D T�K . �Q z SUBJECTp ,�P g "ZOPErvi i 'N000 o r DUCK y, "m 2 GlLtES%EMVE j PEARL CT 1 c 3 H •- I uCR;NSr1 ��t S1 I EN T� G`Egi GER'SI 1 ' o _V�E3r �J UW �pp AN/CIS S7I ERO AS �T Y7 � 4V•, I Ste. qq .. SO m 371/L�\ap GTB�N Z in 49 /2 46 B(.fER„ 7 ti\r,�_tS ���• AVp j 13 at CO O Itr6 'yy^ Oi MR( CI 51 h m a`WW1/N 57 \rt �O 70 SrJ 4 (9 RF 4 , yTt� h I 2 ORS &9ySr gE! CCb 0 _4�1 ,4iN,S llAk, vF %`F 6 Et Cq i. Mro`Sr t y ARK°(BC KE 18 tR•A30 1 DODUT?L9At 7RgM,ORS� �i S\ZOO p�� 138 9 9 C1R UNOr EDAN� y .'��' �. N p Z j 33 10 v(raN DEAN AVE vC, W `.'�� 7) Y DMORE N t0 Sr / Sr \ �*' LAVR LN 19 CT .L-S UR C4B w `w u ERT 28 12 LARK ti 3V elm b' 27 ym it 13 14 W bR,(1r 57 �W4vERS\ _of< 29 - 25 21 ASPEN ut 2 aE VR 8 y� , y J r p GROVE LN i NTH a �� VV z m a 1Sp..' agTOF'C WESTViEW DR `AIGON S f F \ (;RYSTAL 24 B BLUEBONNET TRL : P LAKE RD 22 9 SIEVERS CiR `rE. t0 GREY TALON CT I SNAVANO DR 12 CASCADE LN P 13 CINNAMON CT - 14 FIVE TREES LN ,r 15 POWDE RBOWI TRl 5 .- 5 €� (DRIVEWAY TO REMAIN) ' — — — — — — — — — — — — — — NADE NON-EXCLUSNE ACCESS EASEMENT _ — — — — _ — — — — — — — 11 LOT 1 NET AREA - 17,681 +l- SQUARE FEET GROSS AREA - 22,023 +/- SQUARE FEET 1 ■ i IRONWOODS CONDO PROPERTY O 1 �— PROPOSED NEW PROPERTY LINE —♦ LOT 2 NETAREA- 17,681 ♦I -SQUARE FEET I w z 5 a w I- w w Y � m w U N .900 ACRES Parcel ID #2735-122-00-008 725 CEMETERY LANE LOT SPLIT Exhibit B Review Criteria 26.480.060. Minor subdivisions. The following types of subdivision may be approved by the City Council, pursuant to the provisions of Section 26.480.030 — Procedures for Review, and the standards and limitations of each type of subdivision, described below: A. Lot Split. The subdivision of a lot for the purpose of creating one additional development parcel shall be approved, approved with conditions, or denied by the City Council, pursuant to Section 26.480.030 — Procedures for Review, according to the following standards: 1. The request complies with the requirements of Section 26.480.040, General Subdivision Review Standards. Staff Response: The lot split will meet 26.480.040 Review Standards A-C. The lot split meets Review Standard D, with the following condition: The existing structure will span the parcel boundary between the two lots; however, an assurance will be included in the ordinance a condition of approval will be included into the ordinance that allows the structure to remain for the life of the original structure only. Upon demolition, as defined in Section 26.104.100, Definitions, all structures on Lot I and Lot 2 shall comply with the R-15 Zone District provisions with respect to the newly created lot boundaries and setbacks. Stafffinds this criterion met. 2. No more than two lots are created by the lot split. No more than one lot split shall occur on any one fathering parcel. Staff Response: The Applicant is proposing two lots as a result of this lot split. The fathering parcel has a gross lot size of 39,704 sf with a net lot area of 35,362 sf. There is a 4,342 sf non-exclusive access easement along the northern portion of the lot. The lot split will create two lots. Lot I will have a gross lot area of 22,023 sf and a net lot area of 17,681 sf. Both the gross and net lot area of Lot 2 will be 17,681 sf. The proposed lots are located in the Moderate -Density Residential (R-15) zone district, which requires a minimum gross lot area of 15,000 sf. The proposed lot dimensions will conform to the requirements of the R-15 zone district. Staff finds these criteria to be met. 3. The Lot Split Plat shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 — Approval Documents. No subdivision agreement need be prepared or entered into between the applicant and the City unless the Community Development Director determines such an agreement is necessary. Staff Response: A final subdivision plat reflecting the lot split shall be recorded pursuant to the requirements of Pitkin County Clerk and Recorder, Chapter 26.490 and Title 29, Engineering Design Standards, as amended. 1 The existing single family home will span the parcel boundary between the newly created lots, resulting in a non -conformity. This non -conformity is addressed in review criteria 26.480.040.D, Existing Structures, Uses, and Non -Conformities. No subdivision agreement shall be required between the applicant and the City. Staff finds these criteria met. 26.480.040. General subdivision review standards. All subdivisions shall be required to conform to the following general standards and limitations in addition to the specific standards applicable to each type of subdivision: A. Guaranteed Access to a Public Way. All subdivided lots must have perpetual unobstructed legal vehicular access to a public way. A proposed subdivision shall not eliminate or obstruct legal vehicular access from a public way to an adjacent property. All streets in a Subdivision retained under private ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and driveways are prohibited. Staff Response: The lot split shall not obstruct any legal vehicular access. A non- exclusive access easement (Exhibit D) to 7291731 Cemetery Lane is located on the northern portion of Lot 1 and no changes to said easement are proposed. The existing driveway and curb cut shall be abandoned and access to the two newly created lots shall be in accordance with Engineering Standards. Lot 1 shall be provided access from the existing 20' Non -Exclusive Access Easement as recorded in Book 572 Page 384 (Exhibit D). No security and/or privacy gates are proposed. Staff finds these criteria met. B. Alignment with Original Townsite Plat. The proposed lot lines shall approximate, to the extent practical, the platting of the Original Aspen Townsite, and additions thereto, as applicable to the subject land. Minor deviations from the original platting lines to accommodate significant features of the site may be approved. Staff Response: The fathering parcel is located on Cemetery Lane, which is outside of the original Aspen Townsite. The applicant has supplied the dimensions of 12 neighboring parcels and calculated the mean lot area of 17,828 sf and a mean lot width of 105 feet. At 22,023 and 17,681 sf,- with a 106 and 94 feet front lot line(s), respectively; the lot split will result in parcels with dimensions similar in character to other lots the Cemetery Lane area. Staff finds these criteria met. C. Zoning Conformance. All new lots shall conform to the requirements of the zone district in which the property is situated, including variations and variances approved pursuant to this Title. A single lot shall not be located in more than one zone district unless unique circumstances dictate. A rezoning application may be considered concurrently with subdivision review. Staff Response: The fathering parcel has a gross lot size of 39,704 sf with a net lot area of 35,362 sf. There is a 4,342 sf non-exclusive access easement along the northern portion of the lot. The lot split will create two lots. Lot 1 will have a gross lot area of 22,023 sf and a net lot area of 17,681 sf. Both the gross and net lot area of Lot 2 will be 17,681 sf. The dimensional characteristics of Lot I and Lot 2 comply with the requirements of the R-1 S zone district. Both new lots are wholly within the R-1 S zone district; therefore, a rezoning application is not required. Staff finds these criteria met. D. Existing Structures, Uses, and Non -Conformities. A subdivision shall not create or increase the non -conformity of a use, structure or parcel. A rezoning application or other mechanism to correct the non -conforming nature of a use, structure, or parcel may be considered concurrently. In the case where an existing structure or use occupies a site eligible for subdivision, the structure need not be demolished and the use need not be discontinued prior to application for subdivision. If approval of a subdivision creates a non -conforming structure or use, including a structure spanning a parcel boundary, such structure or use may continue until recordation of the subdivision plat. Alternatively, the City may accept certain assurance that the non -conformities will be remedied after recordation of the subdivision plat. Such assurances shall be reflected in a development agreement or other legal mechanism acceptable to the City Attorney and may be time -bound or secured with a financial surety. Staff Response: The existing structure will span the parcel boundary between the two new lots, resulting in a non -conformity. As an alternative to the demolition of the structure prior to recordation of the final subdivision plat, a condition of approval will be included into the ordinance that allows the structure to remain for the life of the original structure only. Upon demolition, as defined in Section 26.104.100, Definitions, all structures on Lot 1 and Lot 2 shall comply with the R-1 S Zone District provisions with respect to the newly created lot boundaries and setbacks. Stafffrnds these criteria met. 3 BOOK 57? ?AGEIL84 EASEMENT THIS EASEMENT, granted this �- day of Il las'f , 1988, between James L. Hall. whose legal address is 725 Cemetery Lane, Aspen, Colorado of the County of Pitkin, State of Colorado, the Grantor, and Walter B. Mills whose legal address is PO Box 68, Aspen, Colorado 81612 of the County of Pitkin, and State of Colorado, the Grantee. WITNESSETH, that the Grantor, for and in consideration of the sum of $40,548.00 and other good and valuable consid- eration paid to the Grantor by the Grantee, the receipt and sufficiency of which are hereby acknowledged, does hereby grant, bargain, sell, and convey to the Grantee a non- exclusive easement as more fully described on Exhibit A attached hereto for the purposes of providing ingress and egress to the benefited property and providing sewer, water, and other utilities to the benefited property, over and across the parcel of real property situate in the County of Pitkin and State of Colorado more particularly described on Exhibit B attached hereto (the "Hall Property"). This Easement is for the benefit of and appurtenant to that land, or any part thereof, situate in the County of Pitkin and State of Colorado, and described as set forth on Exhibit B (the "Hall Property") and Exhibit C (the "Mills Property") attached hereto. The Grantee agrees to repair and maintain the easement granted herein at the cost and expense of the Grantee and that said Grantee will in no way hinder or prevent the proper and reasonable use and enjoyment of the property through which the easement is granted. �CD�. 1 m l- cc es L. Hall, Grantor CD N U c c� !r > 7 'fqa1YAi B. Kills, Grantee O J L> �x Cn it H n n a-c I BOOK STATE OF COLORADO ) ss. COUNTY OF PITKIN The foregoing instrument was acknowledged before me this 04vt day of A-la-cr- —1 1988 by James L. Hall as Grantor. WITNESS my hand and official seal. My commission expires. Jv`If 0 Pub is Address: N. Mew 0I cov STATE OF COLORADO sr.. COUNTY OF �!IeThe foregoAng instrument was acknowledged before me this aay of 1988 by Walter B. Mills as NRrqn" OjpARyj*`NESS my hand and official seal. k 'commission expires: ....... Notary Public Add;7,ess: Ypd---e 60 BJKIF/97 -2- snox 57?__ mGE 38G Exhibit MAN "Non-exclusive Easement Description" An easement 20 feet in width situated in the Northwest 1/4 of Section 12, Township 10 South, Range 85 West of the 6th p.m., Pitkin County, Colorado, lying southerly of, but abutting the Northerly line of a portion of a parcel of land described in instrument recorded in Book 183 at Page 271, Pitkin County records. Said easement is more fully described as follows: Beginning at the Northeast corner of said parcel of land whence the West 1/4 corner of said Section 12 bears S 13.34' E 200.00 feet and S 58*17' W 1614.50 feet; thence following the Northerly line of said parcel of land S 76'26' W 219.00 feet to a point on the Easterly line of a parcel of land described in instrument recorded in Book 470 at Page 575, Pitkin County records; thence S 25' 14' E 20.42 feet along said Easterly line; thence N. 76° 26' E 214.87 feet to a point on the Easterly line of the first above mentioned parcel; thence N 13*34' W 20.00 feet to the point of beginning. 9. , mm 1572 `R11GEW EXII031T "B" "Hall Property" A tract of land situated in Lots 3 and 12, Section 12, Township 10 South, Range 85 {Vest of the 6th PAL, being a portion of that certain tract of land described in Book 183 at Page 271 in the records of the Pitkin County Clerk and Recorder, described as follows: Beginning at a point on the Westerly line of County Road whence the Nest 1/4 corner of said Section 12 bears South 58° 17' Nest 1614.50 feet; thence S. 76*26' N. 177.70 feet; thence N. 25° 14' 14. 204.22 feet; thence N. 76026' E. 219.00 feet to a point on the Westerly line of said County Road; thence S. 13*34' E. 200.00 feet along the Westerly line of said County Road to the Point of Beginning. 't i :i a r��, 8008 '� f•2 ,mu EXHIBIT "C" "Mills Property" A tract of land situated in Lot 12, Section 12, Township 1.0 South, #� ' Range 85 Nest of the Sixth Principal Dieridian, being a portion of that certain tract of land described in Book 183 at Page 271 in the J office of the Pitkin County Clerk and Recorder, described as follows: Beginning at a point on the southerly line of said certain ; tract of land whence the Southeast corner thereof bears N.76°261E. x 177.70 feet; thence S.7602G1IV. 122.30 feet to the Southwest corner of said certain tract of land; thence N.130341IV. 200.00 feet to the Northwest corner of said certain tract of land; thence N.760261E. 1 81.00 feet along the northerly line of said certain tract of land; thence S.250 141E. 204.22 feet to the point of beginning. Containing 0.47 acre more or less. Ef N 777'CLUB LLC ASPEN GOLF PRO SHOP ASPEN SCHOOL DISTRICT NO 1 RE 777 CEMETERY LN 299 MILWAUKEE ST #502 0235 HIGH SCHOOL RD ASPEN, CO 81611 DENVER, CO 80206-5045 ASPEN, CO 81611 BARWICK STEPHEN H BIDWELL CAPITAL LLC BRENNAN CHRISTINE 705 CEMETERY LN 2711 N HASKELL AVE STE 1650 3 BOARDMAN PL ASPEN, CO 81611 DALLAS, TX 75204 CAMBRIDGE, MA 02139 CALLAHAN CYNTHIA TRUST 74.95% CARRIS SANDRA L TRUST NUMBER TWO CITY OF ASPEN 750 CEMETERY LN PO BOX 966 130 S GALENA ST ASPEN, CO 81611 ASPEN. CO 81612 ASPEN, CO 81611 DRUEDING THOMAS W ENGELS JOHN L & VELMA B GREENE ANTHONY F 3 BOARDMAN PL PO BOX 8132 705 CASTLE CREEK DR CAMBRIDGE, MA 02139 ASPEN. CO 81612 ASPEN. CO 81611 HUDSON FRASHER ANN KATZ ANDREW & DEBORAH MACCASKILL PAUL L 616 TEXAS ST 1 SUSSEX ST PO BOX 12374 FORT WORTH, TX 76102 LONDON, UNITED KINGDOM SWIV4RZ, ASPEN, CO 81612 MENSCHER LELYA J MEYER FAMILY LLC NELSON NATHAN & TARA 725 CASTLE CREEK DR 101 DESTIN 707 CEMETERY LN ASPEN. CO 81611 RIVER RIDGE. LA 70123 ASPEN. CO 81611 ORE BUCKET ASSOC LLC OREN NEDRA RES TRUST RABINOW RICHARD A & KATHRYN L E 1944 HUDSON ST 3526 BAYSHORE VILLAS DR 3711 SAN FELIPE #12-1 DENVER, CO 80220 COCONUT GROVE, FL 33133 HOUSTON, TX 77027 RED MTN GRILL ROUSH G JAMES ROWLANDS DONNA K REV TRST 1000 TRUSCOTT PL AS TRUSTEE OF ROUSH TRUST PO BOX 8310 ASPEN, CO 81611 2441 EVERGREEN POINT RD ASPEN, CO 81612 MEDINA. WA 98039 SALOMON CHESTER B & ARLENE LIDSKY SEAMANS STERLING WILLIAM 50% SEELEY EILEEN MARIE 50% 975 PARK AVE 717 CEMETERY LN 717 CEMETERY LN NEW YORK, NY 10028 ASPEN, CO 81611 ASPEN, CO 81611 WINCHESTER ROBERT P WPPY LLC ZANIN FAMILY INVESTMENTS LLC PO BOX 5000 19946 N E 36TH PL 0308 MCSKIMMING RD SNOWMASS VILLAGE, CO 81615 AVENTURA, FL 33180 ASPEN, CO 81611 PROJECT DESCRIPTION: The Applicant requests approval to subdivide 725 Cemetery Lane into two lots of 22,023 and 17,681 square feet. The newly proposed property line will divide the existing property into a north and south parcel (Lot 1 and Lot 2 as shown on opposite page). Parcel I D#: 2735-122-00-008 Applicant: Robert Hutton Representative: BMC Planning + Design Contact: info@bmcaspen.com / 970-948-0002 YISIA DR 9O OQ` mC3 `Iµ R 1g�P N ASPEN MEADOWS AS10N 9� rq - 1►` y P i Q �SCDIr� SUBJECT 'm `°PK p G A 1NO PROPERTY~ F 2 QgO W'000 DUCK y Q ZP �q Q F 60 v < 1 1 C, (i1L..L.ESPIErAVE Fj m PEARL C7 t S Stri N T� �E�r UGGq, S9L , _LO'�' VMf sr �. 2 WFq�CSsr/ F, qq %NFgD ~ Ci 11 a I;hgl / Sr�Y4 50 m m 45 49 Op L' �y l G n` 49 a 42 2 H{FFFR� j U 43 .yC` t Cr St `� y �_PhMAIN. �`r�� RrO ,. 52 41 iD�rgOe �1 S 0 ,00 �� LIlrLF 53 C(GUUr WH�a%FyE S� 8 C ? Q•`1n h1 OlrFF,R \Q� MID AYS SE 18 1 O R-A' y� U z Sr �31 ,y,tK C 9P,%% j(H DOOLITTL rRAINOR / l �E Nci �z� `� I'L 9 CIR LAN�N� f. 35 8 20 Vv or,' Akr.AyF N O — 33 a 7_ OMORE NIR 10 lA LN 19 Cgr /'vY sr* �4 �, �34 CTr. BFgr 3W v Sk 12 LARK P q0. til� a.. 28 V SUAp /L� 27 21 C !I 14 .11r sr • ViA yFRs 2) m 13 F ` �` < 25 ASPEN N z EDq� � m 1 m � GROVE LN e� u 000 m F 15A ON0.0 U' Ory9C J1��. 510 E Oµ WESNIEWDR 1;RYSTAL 24 B BLUEBONNET TRL 'P LAKE RD 22 9 SIEVERS CIR 10 GREY TALON CT 11 SHAVANO OR 12 CASCADE LN PO 13 CINNAMON CT 1. 14 FIVE TREES LN j. 15 POWDERSOWL TRL yl'.: (DRIVEWAY TO REMAIN) • • _ _ _ _ _ _ _ _ _ _ _ _ _ 20' WIDE NON-EXCLUSIVE ACCESS EASEMENT _ _ IRONWOODS CONDO PROPERTY ■ 1 = mommowmAw LOT 1 NET AREA - 17,681 +/- SQUARE FEET GROSS AREA - 22,023 +/- SQUARE FEET �- PROPOSED NEW PROPERTY LINE -� LOT 2 NET AREA - 17,881 +/- SQUARE FEET I W Z 5 a W w W Y w D W U N .900 ACRES Parcel ID 92735-122-00-008 725 CEMETERY LANE LOT SPLIT MEMORANDUM TO: Mayor Skadron and Aspen City Council FROM: Hillary Seminick, Planning Technician THRU: Chris Bendon, Community Development Director RE: Hutton Lot Split First Reading of Ordinance #22, Series of 2015 Second Reading is scheduled for July 13th, 2015 MEETING DATE: June 22, 2015 APPLICANT: Robert Hutton REPRESENTATIVE: BMC Planning + Design LOCATION: 725 Cemetery Lane PARCEL ID: 2735-122-00-008 1 -- CURRENT ZONING: R-15, Moderate Density Residential LEGAL DESCRIPTION: The lot is a parcel described in meets and bounds and is commonly known as 725 Cemetery Lane. For Figure 1. Image of Subject Property full legal description, please refer to the draft ordinance. SUMMARY: The Applicant requests to subdivide a 39,704 sf gross lot area parcel with an existing single family home into two lots. Lot 1 will be allocated 22,023 sf of gross lot area and Lot 2 will be allocated a gross lot area of 17,681 sf. The net lot area of each lot will be 17,681 sf and therefore equal as currently calculated by the land use code. STAFF RECOMMENDATION: Staff recommends approval of the request to subdivide the property commonly known as 725 Cemetery Road. Hutton Lot Split Staff Memo June 12, 2015 Page 1 of 5 LAND USE REQUEST AND REVIEW PROCEDURE: The Applicant is requesting the following land use approval from the City Council: • Lot Split. The split of a lot for the purpose of creating one (1) additional development parcel on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the following conditions are met... (see Exhibit B, Review Criteria). A lot split is considered an exemption from the full review associated with other forms of subdivision, and does not require a public hearing before the Planning and Zoning Commission prior to City Council. BACKGROUND: The subject parcel, legally described in meets and bounds, currently has a single family structure on the property. The meets and bounds parcel was first described in a land patent to Samuel Flanagan in April of 1894. A land patent is an exclusive land grant between the US Government, at that time the US General Land Office, and the grantee. The land was exchanged between various parties and further subdivided over the years while the property was within Pitkin County jurisdiction. The lot to the rear known as Ironwood Condominiums at 729 and 731 Cemetery Lane, was severed from the 725 Cemetery Lane parcel in April of 1964, while the property was beyond City Limit. Additionally, the creation of this parcel was prior to the adoption of Ordinance 6, 1969; which established Subdivisions within the City of Aspen. 725 Cemetery Lane, shown in Figure 2, has not been previously subdivided under City of Aspen Land Use Regulations and is therefore eligible for a lot split. Figure 2. Subject Parcel Location Map (site highlighted in yellow) Hutton Lot Split Staff Memo June 12, 2015 Page 2 of 5 PROJECT SUMMARY: The Applicant requests of the City Council approval for a lot split that will divide the current 39,704 sq. ft. parcel into two parcels as shown in Figure 3. Lot 1 will be allocated 22,023 sf of gross lot area and Lot 2 will be allocated a gross lot area of 17,681 sf. The lot area allocation is summarized in Table 1. Hutton Lot Split Allocations. Non -Exclusive Access Easement •,: r=� w _ b_. �,+ Fathering Lot 1 Parcel ..;' Gross Area f W ors 22,023 sf n `g. g _ '• ,.. E LOT I Existing Single. Famil Residence e t+ _ ` ; � _;` s• Lot Split LOT 2 47. -` AT Lot 1 Gross Area 17.681 sfIMI Figure 3. Hutton Lot Split Site Plan Tahla 1 77C A..ffnn 11.nt Cnlit Allnentinna Gross Lot Area Lot Area Deductions Net Lot Area] Fathering Parcel 39,704 sf 4,342 35,362 sf Lot 1 22,023 sf 4,3422 17,681 sf Lot 2 17,681 sf 17,681 sf I Net lot area was calculated March 2015 in accordance with 26.575.020.0 Measuring Net Lot Area and is subject to change. 2 The lot area deductions are attributed to a vehicular access easement for 729/731 Cemetery Lane. Hutton Lot Split Staff Memo June 12, 2015 Page 3 of 5 No new development is proposed with this application, and no new utilities are required as a result of the lot split. STAFF COMMENTS: Staff finds the application to meet all of the relevant requirements for subdivision, as well as those associated with lot split. The proposed lot split will not change the character or use of the parcels, and is compatible with the surrounding residential neighborhood. No new development is proposed at this time. The two new lots are within the R-15 Zone District, where the minimum lot size is 15,000 sf. The dimensional characteristics of both Lot 1 (22,023 sf) and Lot 2 (17,681 sf) comply with the requirements of the R-15 zone district. The existing home straddles the boundary between the two lots. To avoid creating a non -conformity, the Ordinance includes a condition of approval that allows the structure to remain for the life of the original structure only. Upon demolition, as defined in Section 26.104.100, Definitions, all structures on Lot 1 and Lot 2 shall comply with the R-15 Zone District provisions with respect to the newly created lot boundaries and setbacks. The proposed fathering parcel contains one single family home, roughly in the center of the lot. Should the lot split be granted, one lot would receive one growth management allotment for a single family home or duplex as defined in 26.470.060.2(a)(1). The growth management allotment associated with the fathering parcel would be allocated to the other lot. This would result in each lot receiving an allotment for a single family home or duplex. No additional land use review for a growth management allotment would be required as a result of this lot split. The property is eligible to receive a credit for the existing floor area on the property. This credit will be used towards impact fees at time of Building Permit. Staff has recommended this credit be allocated between the two newly created lots as a condition of approval. Credit for the existing floor area shall be allocated between the two lots evenly; with the exception of floor area credit as it is applied to School Land Dedication. 100% of the floor area applied to School Land Dedication fees shall be applied to Lot 1. This allocation, notated by "fee type", is shown in Table 2. This floor area credit allocation has been included as a condition of approval and may be amended by the Community Development Director. Table 2. Existing Floor Area Credit Allocation Table Fee Type Lot 1 Lot 2 School Land Dedication 100% 0% Parks 50% 50% Affordable Housing 50% 50% REFERRAL AGENCY COMMENTS: • Parks Department — Future development will require separate landscape/tree protection reviews and permits. Approved tree permits will be required prior to demolition or Hutton Lot Split Staff Memo June 12, 2015 Page 4 of 5 significant property change, should a tree be affected. There are two 15 inch spruce trees on Lot 2 the Parks Department would like to see preserved. Water/Utilities — As proposed the lot split has negligible utility impacts. If either lot is developed in the future, utility design should be incorporated to address individual services and meters for both lots. The Marolt Holden Ditch, owned by City and maintained by City runs on the east lot line of both Lots I and 2. An easement is not recorded for either property. While a prescriptive easement exists for the ditch, it is recommended the Applicant and the City enter an Agreement for the ditch easement. STAFF RECOMMENDATION: In reviewing the proposal, Staff finds the application to be consistent with the applicable review standards as found in the City Land Use Code. Staff is recommending approval of this request. CITY MANAGER COMMENTS: PROPOSED MOTION: "I move to approve the first reading of Ordinance # 22, Series of 2015, on first reading, approving the Hutton Lot Split. ATTACHMENTS: Exhibit A — Proposed Plat Exhibit B — Review Criteria Exhibit C — Access Easement Exhibit D — Application Hutton Lot Split Staff Memo June 12, 2015 Page 5 of 5 ORDINANCE NO.22 (SERIES OF 2015) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE HUTTON LOT SPLIT FOR A TRACT OF LAND SITUATED IN LOTS 3 AND 12, SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN BOOK 183 AT PAGE 271 IN THE RECORDS OF PITKIN COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF COUNTY ROAD WHENCE THE WEST 1/4 CORNER OF SAID SECTION 12 BEARS SOUTH 58 DEGREES 17 MINUTES WEST 1614.50 FEET; THENCE SOUTH 76 DEGREES 26 MINUTES WEST 177.70 FEET; THENCE NORTH 25 DEGREES 14 MINUTES WEST 204.22 FEET; THENCE NORTH 76 DEGREES 26 MINUTES EAST 219.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID COUNTY ROAD; THENCE SOUTH 13 DEGREES 34 MINUTES EAST 200.00 FEET ALONG THE WESTERLY LINE OF SAID COUNTY ROAD TO THE POINT OF BEGINNING, COUNTY OF PITKIN, STATE OF COLORADO; COMMONLY KNOWN AS 725 CEMETERY LANE. Parcel No. 2737-073-16-003 WHEREAS, the Community Development Department received an application from BMC Planning + Design on behalf of Robert Hutton, requesting Lot Split review for the property commonly known as 725 Cemetery Lane; and, WHEREAS, the subject property is zoned Moderate Density Residential (R-15); and, WHEREAS, the Applicant has requested a Lot Split review by the City Council and approval to divide the current 39,704 square foot lot into two lots; allocating 22,023 square feet of gross lot area to Lot 1 and allocating 17,681 gross square feet to Lot 2; and, WHEREAS, the City Council has reviewed and considered the lot split proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing on July 13, 2015; and, WHEREAS, during a duly noticed public hearing on July 13, 2015, the City Council opened the hearing, took public testimony, considered pertinent recommendations from the Community Development Director, and referral agencies of the City of Aspen and adopted Ordinance No. 22, Series of 2015, approving Lot Split, which would allow the division 725 Cemetery Lane, a 39,704 square foot lot into two lots, allocating 22,023 square feet of lot area to Lot 1 and allocating 17,681 square feet of lot area to Lot 2; and, WHEREAS, the Aspen City Council finds that the lot split proposal meets or exceeds all the applicable development standards. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves the Lot Split request to divide the 39,704 square foot lot into two lots; allocating 22,023 square feet to Lot 1 and allocating 17,681 square feet to Lot 2; and, Section 2• Plat The Applicant shall record a lot split plat that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of approval. The existing home need not be demolished to accommodate the newly created lot boundaries. The existing structure may remain for the life of the original structure only. Upon demolition, as defined in Section 26.104.100, Definitions, all structures on Lot 1 and Lot 2 shall comply with the R-15 Zone District provisions with respect to the newly created lot boundaries and setbacks. Section 3: Subdivision No further subdivision may be granted for the newly created lots. No additional units shall be constructed without the required land use approvals and growth management allocations. Section 4: Engineering The existing driveway and curb cut configuration shall be abandoned. Access to the newly created Lot 1 is required to be off the existing 20' "Non -Exclusive Easement" as recorded in Book 572 Page 384. A new curb cut along Cemetery Lane will not be permitted on this lot. Lot 2 shall be allowed one curb cut along Cemetery Lane. Section 5: Parks The Parks Department will require separate landscape and tree protection reviews for each new lot upon the request for building permit. Staff will determine if an approved tree permit will be required prior to demolition or significant property changes. Tree removal mitigation will be handled through cash -in -lieu payment or by on -site plantings, such as street trees. Planting in the public right-of-way will be subject to landscaping in the right-of-way requirements. Improvements to the right-of-way should include new grass and irrigation. The applicant shall work with the Parks Department to design an appropriate trench box for any new tree plantings. Plans for tree plantings shall be completed and conceptually approved prior to building permit submittal. Section 6: Water/Utilities Upon future development of either lot, utility design shall be incorporated into plans that will address individual services and meters for each lot. The Holden-Marolt Ditch runs along the western boundary of each newly created parcel. Prior to recording the plat for the lot split, an easement agreement acceptable and approved by the City Attorney shall be recorded and the ditch with reference to the recorded easement be shown in its full easement width on the plat. 2 Section 7: Existing Floor Area Allocation The floor area calculations for the existing single family home shall be provided with the demolition permit in accordance with Section 26.575.020, Calculations and Measurements. Floor area credit applies to three forms of mitigation. Credit for the existing floor area shall be allocated between the two lots evenly; with the exception of floor area credit as it is applied to School Land Dedication. 100% of the floor area applied to School Land Dedication fees shall be applied to Lot 1. This allocation, notated by "fee type", is shown in Table 1. Table 1. Existing Floor Area Credit Allocation Table Fee Type Lot 1 Lot 2 School Land Dedication 100% 0% Parks 50% 50% Affordable Housing 50% 50% If the floor area calculations are not provided prior to demolition, the applicant forfeits the right to any floor area credit. This condition may be amended by the Community Development Director. Section 8: Vested Property Rights The development approvals granted herein shall constitute a site -specific development plan vested for a period of three (3) years from the date of issuance of a development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Hutton Lot Split, A tract of land situated in lots 3 and 12, section 12, township 10 south, range 85 west of the 6th principal meridian, being a portion of that certain tract of land described in book 183 at page 271 in the records of Pitkin County, described as follows: beginning at a point on the westerly line of county road whence the west 1/4 comer of said section 12 bears south 58 degrees 17 minutes west 1614.50 feet; thence south 76 degrees 26 minutes west 177.70 feet; thence north 25 degrees 14 minutes west 204.22 feet; thence north 76 degrees 26 minutes east 219.00 feet to a point on the westerly line of said county road; thence south 13 degrees 34 minutes east 200.00 feet along the westerly line of said county road to the point of beginning, County of Pitkin, State of Colorado by Ordinance No. 22, Series of 2015, of the Aspen City Council. 3 Section 9• This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 10: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 11• A public hearing on the ordinance shall be held on the 13d' day of July, 2015, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Section 12• This ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 22°d of June, 2015. Attest: Linda Manning, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this 13ffi day of July, 2015. Attest: Linda Manning, City Clerk Approved as to form: James R. True, City Attorney Steven Skadron, Mayor 4 HUTTON LOT SPLIT BEING A PLAT OF THE LANDS OF HUTTON FOR THE PURPOSES OF CREATING TWO LOTS OF THE LANDS AS DESCRIBED IN DEED RECORDED APRIL 19, 1994 IN BOOK 748 AT PAGE 396 AS RECEPTION #369310 ID. 4" BRASS DISC '1951 5EC CORNER 1-2-11-12 US CADASTRAL" C1TY OF ASPEN GOLF CCURSE "OW CAP TN05/BRED `CAP` 6a F1+0 S/6 h�OM P1A50 S T681 END. CITY OF ASPEN CPS MONUMENT /GPS-11(N) ELEV-7849.59' END. CITY OF ASPEN CPS MONUMENT AGPS-ID(N) ELEV.]8"1 92' NAVD'B8 N 36'S1'49" W 17,09' ' MEASURED BENCHMARK ANp ELEVATION DATUM USED HEREON ON 36'01'17" W 151 J.C9' MARGN/qiY) (f+l 0816'SB' W 520.89MEASURED lE 1 COUkSE S 62fi p0 W / / J GOLF / OF ASPEU / C1TY FND.S/8"YELLOW PLASTIC CAP l5 /2864} V / a TL/ 09 Ol RLG `3 11F'P/ pf,R LEGEND / SSMH - SANITARY SEWER MANHOLE / CMP - CORRUGATED METAL PIPE / ( ) DENOTES OFFICIAL RECORD INFORMATION \\/ LAT. _ LATERAL W.V. - WATER VALVE / E/PW - RIGHT OF WAY (CITY OF ASPEN) EDGE OF ASPHALT PAVEMENT / 0 - SET 5\9" REBAR WITH YELLOW PLASTIC / / CAP LS #24312 (UNLESS OTHERWISE NOTED) / -T & E- GAS LINE & ELECTRICAL LINE / GRAPHIC SCALE -G- - / _W _ ADJ WATER LINE / - ADJACENT / FND. - FOUND / ( IN FEET ) V_k- -=N]. 4" BRASS DISC "1954 1/4 CORNER" 1 inch - 20 R CONSENT OF MORTGAGE HOLDER: THE UNDERSIGNED, AS MORTGAGEE UNDER THE PROVISIONS OF THE CERTAIN ME01 OF TRUST DATED JUNE 13. 2013 AND RECORDED IN THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY AS RECEPTION NO. 600483, HEREBY CONSENTS TO THE RECORDING OF THIS PLAT AS HEREON DRAWN AND HEREBY SUBORDINATES THE LIEN OF SAID DEED OF TR:1ST TO THE MATTER SET FORTH ON THIS PLAT. NOTARY PUBLIC CERTIFICATE: STATE OF DO I COUNTY NTY OF PIMIN THE FOREGOING CONSENT OF MORTGAGE HOLDER CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF ,_, 2010 BY _ CIF MCI BANK WTNESS MY RAND AND OFFICIAL SEAL MY COMMISSION EXPIRES:_ NOTARY PUBLIC ASPEN CITY COUNCIL APPROVAL AND ACCEPTANCE: THIS HUTTON LOT SPLIT WAS APPROVED AND ACCEPTED BY T E CTY COUNCh OF THE CITY OF ASPEN THIS DAY OF _ 2015. B" BY: MAYOR CITY CLERK COMMUNITY DEVELOPMENT APPROVAL: THIS HUTTON LOT SPLIT WAS REMEEWED AND APPROVED BY THE CITY OF ASPEN, COMMUNITY DEVELOPMENT DIRECTOR THUS DAY OF 2015. BY: COMMUNITY DEVELOPMENT DIRECTOR ENGINEERING DEPARTMENT REVIEW: THIS HU TTON L07 SPLIT P.AT WAS REVIEWED FOR THE DIRCTION OF THE ENGINEERING DEPARTMENT SURVEY REQUIREMENTS. THIS DAY OF 2015. BY: CITY ENGINEER CITY OF ASPEN CONDITIONS OF APPROVAL 1. THE DRIVEWAY AND CURB CUT CONFIGURATION (AS NOW EXISTS) SHALL BE ABANDONED. 2. ACCESS TO THE NEWLY CREATED LOT 1 (NORTH LOT BY THIS PI IS REWIRED TO BE OFF THE EXISTING 20' 'NON-EXCLUSIVE EASEMENT" AS RECORDED IN BOOK 572 PAGE 384. A NEW CURB CUT ALONG CEMETERY LANE WILL NOT BE PERMITTED ON SAID LOT 1. 3. LOT 2 (SOUTH LOT BY THIS BE WILL BE ALLOWED ONE CURB CUT ALONG CEMETERY LANE. SURVEYORS NOTES: 1. BENCHMARK: ELEVATIONS SHOWN HEREON ARE BASED ON FOUND MONUMENT CITY OF ASPEN CPS -10(N) AS SHOWN HEREON. NAVD '88 ELEVATION DATUM - MONUMENT ELEVATION = 7871.92' (PER MARCH ENGINEERING/ASPEN GPS CONTROL SURVEY DATED 07/27/10) 2. BASIS OF BEARINGS: THE BEARING N 0015'00' W BETWEEN FOUND 40NUMENTS ALONG THE NORTH HALF OF THE WEST SECTION LINE OF SECTION 12. TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, AS SHOWN ON THE PLAT ENTITLED "OPEN SPACE ANNEXATION N0. 1" FILED IN PLAT BOOK 4 AT PAGE 191 WAS TAKEN AS THE BASIS OF BEARINGS SHOWN HEREON. 3. LAND TITLE GUARANTEE COMPANY COMMITMENT ORDER NO. 0620G6490-2 DATED MARCH 09, 2015 WAS USED IN PREPARING THIS SURVEY. 4. ALL DIMENSIONS SHOWN ARE IN FEET AND DECIMALS THEREOF. LEGAL DESCRIPTION: (PER VESTING DEED RECEPTION N369310) ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF ASPEN, COUNTY OF PITKIN. STATE OF COLORADO, BEING A TRACT OF LAND SITUATED IN LOTS 3 AND 12. SECTION 12. TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDAN, BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN BOOK 183 AT PACE 271 IN THE RECORDS OF PITKIN COUNTY, SAID REAL PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF COUNTY ROAD, WHENCE THE WEST 1/4 CORNER OF SAID SECTION 12 BEARS SOUTH 5817'00" WEST 1614.50 FEET; THENCE SOUTH 7626'00' WEST 177.70 FEET. THENCE NORTH 2514'DO" WE 204, 22 FEET; THENCE NORTH 7826'00" EAST 219.00 FEET TO A PONT ON THE WESTERLY LINE OF SAID COUNTY ROAD; THENCE SOUTH 13'34'IXf EAST 200.00 FEET ALONG T-E WESTERLY LINE OF SAID COUN'Y ROAD TO THE POINT OF REONNING. PITKIN COUNTY CLERK AND RECORDERS CERTFICATE -H'S HUTTON LOT SPUT PLAT IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO AT _ O'CLOCK M. THIS DAY OF 2015 IN PLAT BOOK AT PAGE AT RECEPTION NO. PITKIN COUNTY CLERK AND RECORDER CERTIFICATE OF DEDICATION AND OWNER HIP: KNOW ALL MEN BY THESE PRESENTS THAT ROBERT C. HU70N BEING THE FEE SIMPLE OWNER OF THE PROPERTY HEREIN DESCRIBED HAS BY THESE PRESENTS LAID OUT AND PLATTED THE SAME INTO LOTS 1 AND 2 MUTTON LOT SPLIT SHEETS ONE TO ONE EXECUTED THIS __ DAY OF 2015 BY: ROBERT C. HUTTON AS OWNER NOTARY PUBUC CERTIFICATE: STATE OF COLORADO COUNTY OF PITKIN ) THE FOREGOING CERTIFICATE OF DEDICAT.ON AND OWNERSHIP WAS ACKNOW E" BEFORE ME THIS DAY OF 2015 BY ROGER- C. HUTTON AS OWNER OF THE LANDS "THIN -HE DISTINCTIVE BOUNDARY LINE SHOWN HEREU, "TNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: BY: _- NOTARY PUBLIC TITLE CERTIFICATE IM TITLE GUARANTEE COMPANY DOES HEREBY CERTIFY THATI HAVE EXAMINED THE PILE TO ALL LAND SHOWN UPON T, PLAT AND THAT TILE TO SUCH LANDS IS VESTED FREE AND CLEAR OF AL LIENS AND ENCUMBRANCES EXCEPT NOTARY PUBUC CERTIFICATE: STATE OF COLORADO COUNTY Of PITKIN THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF __ 2015 BY _AL _ OF LAND TITLE GUARANTEE COMPANY. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSON EXPIRES. -- NOTARY PUBLIC SURVEYOR'S CERTIFICATE: I, ROBERT C. HUTTON. PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT 1 HAVE PREPARED THIS HUTTON LOT SPLIT, THAT THE LOCATION OF THE OUTSIDE BOUNDARY, ROADS AND OTHER FEATURES ARE ACCURATELY AND CORRECTLY SHOWN HEREON, THAT THE SAME ARE BASED ON FIELD SURVEYS AND THAT THE PLATTED SITE CONFORMS TO WHAT IS STAKED ON THE GROUND, AND THAT THE ACCURACY OF ALL BOUNDARY BEARINGS, DISTANCES AND CLOSURES SHOWN HEREON ARE BETTER THAN 1:15.000, IN "'MESS THEREOF, I HAVE SET MY HAND AND SEAL THIS __ DAY OF 2015. ROBERT C. HUTTON, PLS /24�. HUTTON LOT SPLIT BEING A PLAT OF THE LANDS OF HUTTON AS DESCRIBED IN DEED RECORDED APRIL 19, 1994 IN BOOK 748 AT PAGE 396 AS RECEPTION #369310 CITY OF ASPEN PITKIN COUNTY C0L0RA')0 SCALE: 1' = 20' DATE: JUNE. 2015 ROBERT C. HUTTON PROFESSIONAL LAND SURVEYOR 725 CEMETERY LANE ASPEN, COLORADO 81611 (970) 544-9952 SHEET I OF 1 Exhibit B Review Criteria 26.480.060. Minor subdivisions. The following types of subdivision may be approved by the City Council, pursuant to the provisions of Section 26.480.030 — Procedures for Review, and the standards and limitations of each type of subdivision, described below: A. Lot Split. The subdivision of a lot for the purpose of creating one additional development parcel shall be approved, approved with conditions, or denied by the City Council, pursuant to Section 26.480.030 — Procedures for Review, according to the following standards: 1. The request complies with the requirements of Section 26.480.040, General Subdivision Review Standards. Staff Response: The lot split will meet 26.480.040 Review Standards A-C. The lot split meets Review Standard D, with the following condition: The existing structure will span the parcel boundary between the two lots; however, an assurance will be included in the ordinance a condition of approval will be included into the ordinance that allows the structure to remain for the life of the original structure only. Upon demolition, as defined in Section 26.104.100, Definitions, all structures on Lot 1 and Lot 2 shall comply with the R-15 Zone District provisions with respect to the newly created lot boundaries and setbacks. Stafffinds this criterion met. 2. No more than two lots are created by the lot split. No more than one lot split shall occur on any one fathering parcel. Staff Response: The Applicant is proposing two lots as a result of this lot split. The fathering parcel has a gross lot size of 39,704 sf with a net lot area of 35,362 sf. There is a 4,342 sf non-exclusive access easement along the northern portion of the lot. The lot split will create two lots. Lot I will have a gross lot area of 22,023 sf and a net lot area of 17,681 sf. Both the gross and net lot area of Lot 2 will be 17,681 sf. The proposed lots are located in the Moderate -Density Residential (R-15) zone district, which requires a minimum gross lot area of 15, 000 sf. The proposed lot dimensions will conform to the requirements of the R-15 zone district. Staff finds these criteria to be met. 3. The Lot Split Plat shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 — Approval Documents. No subdivision agreement need be prepared or entered into between the applicant and the City unless the Community Development Director determines such an agreement is necessary. Staff Response: A final subdivision plat reflecting the lot split shall be recorded pursuant to the requirements of Pitkin County Clerk and Recorder, Chapter 26.490 and Title 29, Engineering Design Standards, as amended. The existing single family home will span the parcel boundary between the newly created lots, resulting in a non -conformity. This non -conformity is addressed in review criteria 26.480.040.D, Existing Structures, Uses, and Non -Conformities. No subdivision agreement shall be required between the applicant and the City. Staff finds these criteria met. 26.480.040. General subdivision review standards. All subdivisions shall be required to conform to the following general standards and limitations in addition to the specific standards applicable to each type of subdivision: A. Guaranteed Access to a Public Way. All subdivided lots must have perpetual unobstructed legal vehicular access to a public way. A proposed subdivision shall not eliminate or obstruct legal vehicular access from a public way to an adjacent property. All streets in a Subdivision retained under private ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and driveways are prohibited. Staff Response: The lot split shall not obstruct any legal vehicular access. A non- exclusive access easement (Exhibit D) to 7291731 Cemetery Lane is located on the northern portion of Lot 1 and no changes to said easement are proposed. The existing driveway and curb cut shall be abandoned and access to the two newly created lots shall be in accordance with Engineering Standards. Lot 1 shall be provided access from the existing 20' Non -Exclusive Access Easement as recorded in Book 572 Page 384 (Exhibit D). No security andlor privacy gates are proposed. Staff finds these criteria met. B. Alignment with Original Townsite Plat. The proposed lot lines shall approximate, to the extent practical, the platting of the Original Aspen Townsite, and additions thereto, as applicable to the subject land. Minor deviations from the original platting lines to accommodate significant features of the site may be approved. Staff Response: The fathering parcel is located on Cemetery Lane, which is outside of the original Aspen Townsite. The applicant has supplied the dimensions of 12 neighboring parcels and calculated the mean lot area of 17,828 sf and a mean lot width of 105 feet. At 22,023 and 17,681 sf,- with a 106 and 94 feet front lot line(s), respectively; the lot split will result in parcels with dimensions similar in character to other lots the Cemetery Lane area. Staff finds these criteria met. C. Zoning Conformance. All new lots shall conform to the requirements of the zone district in which the property is situated, including variations and variances approved pursuant to this Title. A single lot shall not be located in more than one zone district unless unique circumstances dictate. A rezoning application may be considered concurrently with subdivision review. Staff Response: The fathering parcel has a gross lot size of 39,704 sf with a net lot area of 35,362 sf. There is a 4,342 sf non-exclusive access easement along the northern portion of the lot. The lot split will create two lots. Lot 1 will have a gross lot area of 22,023 sf and a net lot area of 17,681 sf. Both the gross and net lot area of Lot 2 will be 17,681 sf. The dimensional characteristics of Lot I and Lot 2 comply with the requirements of the R-15 zone district. Both new lots are wholly within the R-15 zone district; therefore, a rezoning application is not required. Stafffinds these criteria met. D. Existing Structures, Uses, and Non -Conformities. A subdivision shall not create or increase the non -conformity of a use, structure or parcel. A rezoning application or other mechanism to correct the non -conforming nature of a use, structure, or parcel may be considered concurrently. In the case where an existing structure or use occupies a site eligible for subdivision, the structure need not be demolished and the use need not be discontinued prior to application for subdivision. If approval of a subdivision creates a non -conforming structure or use, including a structure spanning a parcel boundary, such structure or use may continue until recordation of the subdivision plat. Alternatively, the City may accept certain assurance that the non -conformities will be remedied after recordation of the subdivision plat. Such assurances shall be reflected in a development agreement or other legal mechanism acceptable to the City Attorney and may be time -bound or secured with a financial surety. Staff Response: The existing structure will span the parcel boundary between the two new lots, resulting in a non -conformity. As an alternative to the demolition of the structure prior to recordation of the final subdivision plat, a condition of approval will be included into the ordinance that allows the structure to remain for the life of the original structure only. Upon demolition, as defined in Section 26.104.100, Definitions, all structures on Lot 1 and Lot 2 shall comply with the R-15 Zone District provisions with respect to the newly created lot boundaries and setbacks. Staff finds these criteria met. 3 CON 57? PAG<<374 EASEMENT THIS EASEMENT, granted this im]K day of 4':td" f 1988, between James L. Hall whose legal address is 725 Cemetery Lane, Aspen, Colorado of the County of Pitkin, State of Colorado, the Grantor, and Walter B. Mills whose legal address is PO Box 68, Aspen, Colorado 81612 of the County of Pitkin, and State of Colorado, the Grantee. WITNESSETH, that the Grantor, for and in consideration of the sum of $40,548.00 and other good and valuable consid- eration paid to the Grantor by the Grantee, the receipt and sufficiency of which are hereby acknowledged, does hereby grant, bargain, sell, and convey to the Grantee a non- exclusive easement as more fully described on Exhibit A attached hereto for the purposes of providing ingress and egress to the benefited property and providing sewer, water, and other utilities to the benefited property, over and across the parcel of real property situate in the County of Pitkin and State of Colorado more particularly described on Exhibit B attached hereto (the "Hall Property"). This Easement is for the benefit of and appurtenant to that land, or any part thereof, situate in the County of Pitkin and State of Colorado, and described as set forth on Exhibit B (the "Hall Property") and Exhibit C (the "Mills Property") attached hereto. The Grantee agrees to repair and maintain the easement granted herein at the cost and expense of the Grantee and that said Grantee will in no way hinder or prevent the proper and reasonable use and enjoyment of the property through which the easement is granted. W ado �. o z es L. Hall, Grantor C7 W n r f� 7 H > c J L) Wal r B. ills, Grantee N 7_ H t , r pr - , 600X 5W :PnGc13185 STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of A.'4utT , 1988 by James L. Hall as Grantor. WITNESS my hand and official seal. i Jc�o'1% Xp'fs My commission expires: OTARy QrY Public N • Mrr Address: �a c Ge 8,141r eC010� STATE OF COLORADO ) ss. COUNTY OF �� ) The foregoing instrument was acknowledged before me this of 1988 by Walter S. Mills as IVNP'SS my hand and official seal. s OI 'commission expires: _Put .�I Notary Public Add ss : HJK1F/97 -2- sou 572 TinEW Exhibit "An "Non-exclusive Easement Description" An easement 20 feet in width situated in the Northwest 1/4 of Section 12, Township 10 South, Range 85 West of the 6th p.m., Pitkin County, Colorado, lying Southerly of, but abutting the Northerly line of a portion of a parcel of land described in instrument recorded in Book 183 at Page 271, Pitkin County records. Said easement is more fully described as follows: Beginning at the Northeast corner of said parcel of land whence the West 1/4 corner of said Section 12 bears S 13'34' E 200.00 feet and S 58.17' W 1614.50 feet; thence following the Northerly line of said parcel of land S 76*26' W 219.00 feet to a point on the Easterly line of a parcel of land described in instrument recorded in Book 470 at Page 575, Pitkin County records; thence S 25' 14' E 20.42 feet along said Easterly line; thence N. 76• 26' E 214.87 feet to a point on the Easterly line of the first above mentioned parcel; thence N 13*34' W 20.00 feet to the point of beginning. Wit. EXHIBIT "B" "]call Property" A tract of land situated in Lots 3 and 12, Section 12, Township 10 South, Range 85 Nest of the 6th P.M., being a portion of that certain tract of land described in Book 183 at Page 271 in the records of the Pitkin County Clerk and Recorder, described as followss Beginning at a point on the Westerly line of County Road whence the Nest 1/4 corner of said Section 12 bears South 58°171 West 1614.50 feet; thence S. 76*261 IV. 177.70 feet; thence N. 25° 141 14. 204.22 feet; thence N. 76*261 E. 219.00 feet to a point on the Westerly line of said County Road; thence S. 13*341 E. 200.00 feet along the Westerly line of said County Road to the Point of Beginning. t Y v� 7 1 . HOOK .5 f 2 ,vAu V EXHIBIT "C" "Mills Property" A tract of land situated In Lot 12, Section 12, Township 110 South, Range 85 West of the Sixth Principal Meridian, being a portion of that certain tract of land described in Book 183 at Page 271 in the office of the Pitkin County Clerk and Recorder, described as 4 follows: Beginning at a point on the southerly line of said certain tract of land whence the Southeast corner thereof bears N.760261E. 177.70 feet; thence S.7602GItV. 122.30 feet to the Southwest corner iof said certain tract of land; thence N.13°34111. 200.00 feet to the Northwest corner of said certain tract of land; thence N.760261E. 81.00 feet along the northerly line of said certain tract of land; thence S.25° 141E. 204.22 feet to the point of beginning. Containing 0.47 acre more or less. It Ir Note to file August 14, 2015 The following title work shows that both Ironwood Condos and the subject property were both legally established prior to the adoption of the subdivision regulations in 1969. This information was provided by the applicant at request of the City to show that the 725 Cemetery Lane property was eligible for a lot split. Hillary Seminick Planner Technician 725 Cemetery Lane Robert C. Hutton Chain of Title Doc Book/Page Reception Record Date Doc. Date Grantor/Grantee Patent 55/45 054746 06/16/1894 04/19/1894 Samuel Flanagan Deed 115/403 054747 06/10/1895 05/26/1894 Samuel Flanagan to: E. Wilder Trustee Deed 116/134 061089 04/17/1899 09/30/1895 Edward Wilder Trustee to: Oscar Bunke Trustee Deed 143/144 070346 12/16/1905 09/20/1905 Henry Rogers Trustee to: Frank Trumball and Charles H. Schlacks, Trustees Deed 143/313 073695 09/23/1909 01/15/1910 Henry T. Rogers to: Daniel Willard Charles H. Schlacks Deed 143/370 074032 07/15/1910 04/27/1910 Daniel Willard and Charles H. Schlacks to: Henry Rogers Deed 143/456 075229 02/02/1912 01/02/1912 Henry Rogers to: Charles H. Schlacks Trustee Deed 156/48 079168 09/18/1917 01/18/1918 George W. Vallery and Charles H. Schlacks to: Albert E. Carleton Deed 158/316 084061 03/12/1927 03/01/1927 Albert E. Carlton to: Frank Marolt Jr., Rudolph Marolt, William Marolt and Stephen Marolt Deed 166/147 90823 06/07/1940 06/06/1940 Frank Martolt Jr., to: Stephen Marolt Administrator's Deed 167/316 091058 09/27/1940 09/27/1940 Frank Marolt Jr. to: Elsie Helen Marolt Administratrix Correction Deed 167/415 091712 12/13/1941 12/13/1941 Elsie Helen Marolt to: Michael Marolt Deed 180/558 103130 11/02/1955 04/15/1955 Michael Marolt to: Walter B. Mills Deed 169/437 103732 05/24/1956 04/15/1956 Stephen Marolt to: Walter B. Mills Deed 181/253 105072 05/02/1957 05/02/1957 Walter B. Mills to: C.B. Simons and Sally S. Simons Deed 183/271 106070 Deed 206/576 117613 Deed 302/417 177466 PR Deed 748/396 360310 (1.38 acres) 02/21/1958 12/-/1957 C.B. Simons and Sally S. Simons to: Sally Scheig Simons (1.38 acres) 04/ 24/ 1964 Sally Scheig Simons to: Margaret M. Adkins and Robert W. Adkins (.91 acres) 09/05/1975 09/04/1975 Margaret M. Adkins and Robert W. Adkins to: James L. Hall 04/22/1994 04/19/1994 James L. Hall (by Robert C. Hutton Personal Representative of the Estate) to: Robert C. Hutton IIIIIIIIIIIIIIIIIIIII 111IIIIIIIIIIIIIIII 54I11� B1 0009.01) JANCVOS CAUDILL PITKIN COUNTY CO R e.00 rn. OF A MMI AY Certifloate Tor nit' th. whom th"*' Prostolaty a,itit� ao»sst; � m -- — — - -- ---- ------.-... - - --•---------'----_.---- ' '- o Slte BegisEbr of the Land Ojpoe o the Uhitbd States ai'Cdrfooate f ham deposited in the General yard OfJtee f a nt has been made by the said Lel K [� whereby, it appears that fall P Un1e - - - according. Eb the'Provwcana'of the Aobaf (t'bngress of Ehe'24th•of Aprrl, "880;.entltled'"An dot making - arccb the avEt•aWiP�menitsl EiiereEo; for -----•--------_-' vitton for the sale of the Public Lan.dl," L O-rr�� �U��i •y'�+N''� (� �-=��i �,,���+/ � ter;✓ �^'��O � ���a�� according to the Offtoial Plat of the+Sarvey• of the said, Lands, returned tb the 004er�all Land Office blithe beew purohaead by'the surveyor, General, which said Tract. ha � ✓ ;�--� _ _ ----- -----...--------- —----- 3Wow $nw w Zq. That, the United' States of America, in consideration of, the premisea,.and in conformity have liven and granted; and. by, these Preaents Con roes - in su h'oase-made and provided, . with�the severaC.dataof g do give and grant unto the s _ - and to, isd..---heirs,-the'said Tract- above deeoribedl. T7 .Have and to, Hold th-6-soy". EeJsaid, the r, his, prdvtleges, immunities and' appartenances, of whatsoever natwe, theraan&o• belonging. u q �jy�Q-L�f�llitS! . ---- - - ---- -- --- - - - -- ri­ ana to.!h t l_..-.tetra and/ oast forever; subject to.- anyvested and- acarusa water right& for minwith aguah oaUaral, ma+ta%aoturing or other purposes; and' rights' to ditches, and reservoirs used in, conneottan' of Courts, and water rights as -mays be recognised and ocknowledged- by the local cu"toms, laws and dossier" should the also subject to the right of the proprietor of a vein or lode to' extraot and remove Miss ore therefrom, camp be f0UPd to or penetrate interact t rP emia"s,�iro'r �rOd-�-{- ✓�+�-�J ,"`'""f'`�'"`� .+-.), ww u,,..�,-�.+-•� ."'d it.-.Y..+.'s-----Pnddent.act�t�ec�cUoi1�¢d•8tetcs�ef�Amarica, lit on7e Wbstr�of, I,.in c� �t°,v c ?"�`c------ -- ------- have oausad• these letters to, be made patent; and: the Seal Of, the General• Land" OfJioe to; Ue hereunto a ve�dy olnn under rlby Rana, at the sty' of) Waskington, the irsrccFclllri15 •-... day of.-. in the -year of our Lord one tkousand eight d r'" -,.and of the Independence of the United 6 y hundre---- - -- [s»az) ,plates the ens hundred -an - -- -- Z%'y --- -- - --- - - ------ - tBY THE PRESIDEN �- -'---Recorder of the General Land Of]tce. corded, Yol.---- // ---------- Page - `f 2 - R 'Ifor Record ths- - -- - -y of- r............-•...._- 189 f/ . at -,?a oloek 4 {(. Ehis food} Made thousand o/j/s6 hundred and nt: g9I7•OL1e DZaDD._1046: JNe Yy,p per, rrfnW eV Ye(e, swlb -Meese 7 f ""/ 4W -day the ._...._..___.__..._-•-_...._ Year of our Lord one BSTT PSSX..................... ................................................ the Ovuniy of:_•..,{�- ^ —__—and State of Colorado, of the fire, part, and and Blato J�..w of the Oessniy af:- . --f!F!___......_.._-.._ of Baia*odo,�of ilw seoesld part, W*JTNBSSSTH, That the said part f"f thus/rot part for and to oowldaratton of the sum _..."----""._..._.__._.-------- —..- _ --^ '—`_.__—_...—.—.-----_._......:.........._....... _..... _._... _..... _�.__..-Doltarr, to the said partt¢_of t/w Just part in Imnd ctd b the said �-Of � send post, the reoolpt whereof is hereby confexed and aabnowledjed, h&l.."mtsad, leased, sold, conve//r gaed QBIT•OL4rA(BD, a y Huse presents (10"..rmntse, release, sell, convoy ana QUIT-OMIX unto the said part!,_.of the mcand part,......_.__._...... —._......."low and aV+�jA, forev r, all the rleht, title, interest, olaim and demand whtoh the said part 9/._ i r, rt Isgl_.tn and to,/w fallowlnj desorlbed„�r ._...(t.._. _..____nstd State of Colorado, to wit: -____Jttuale, lyinj and bdnj in the County of i ,/ O 0 TO IZd3121 .4ND TO HOLD THS S.dAf 8, tojoPwr with all and sinjuiar the appurienanow and priuUejes thereunto belonjtnj or in anywim Uwrounto appertaintaj, and all the estate, rdIIht title, Inlerwb and otaim whatsoever:f the mid part. _..of the first part either in law or equity, to the only proper uas, boneJit and behaof of the said park Fof the second part...`Eft.- s and gsatjns forever, IN TYITXA9B WHli&SOS, tJw said parj of o first pars hg,1._ harciw&lo rat._�ite l.__.._.___�.Jwnd and sea the day and year Just above written. BIGHED, 6EALED AND DELIVERED IN PBEBEN E of .. _ _........._.k%s[ J. son OVW .—...... ............... seem County O gL) ountyof,_ ._..�..—...._....... in and for mid Oounty, and the Skid aforesaid, tin hereby paivonally la wwn to me as the persons whore name subscribed to tho annaved4ead, appeared before me ��OSAR�A� ad+ day ins�on, and aoknowladjed that—_____—__._Jtjnea, mated and delivered the said instrument of Sk• P� wrliksj ae...Y_+.-.!9 _.free and uolwsiary aot or t a usas and purposes Owrsinmt forth, Olusn or rnyhand�fHFd/gy�of �.:_!1 •....----- My OOmneisston aspiresJ' :Ga:.x..�� .._.—__........... 18D — Illed for Record Bit------------------ _ _.------._—---------- Dopaty. tla,.�tw.l....� o..... cviT.an�u►t IMM-tole-na.x,K,...-VNe,ftW... d.„, / /S 431 jrhiJ red,, +fade thi, thousand etglat hundred and ninsty That the said part of._ ......._ _ -..__..in the year of our Lord one P —--- ---- ------- ------------------- ----------- . site Jtrrd pare, far and In aoru/deraiton o/ fhe rum of-at/.�'a4C.QeG_:'it!-e. to the raid part. __of the jEraE parE to hntut..._._...._...__......._•.----._ paid by bhe safd pnrb f the second part the rroeetpt whereo/ is hereby oonfawed and aabnowledged, Itaa9.. remised, !cased, told, conveyed (f DIT-OL97MBD, a shwa preaaak do.Edremiss, release, se con and 7 ll, convey and UIT-OIdIM unto the raid porb. of Ehe esaond parE,.__. ...---....._.....-. � � ns f raver, the h/, d.Eby interest, okctm sad detnnnd whtah the said pore web rtr�hn.fL_!n and to the following _ sTtl�. R f�....atfua Utstg ands beGtg� a O�/of a 1 0 -�-t - �� r�v+ierci/ auxiv.7utir�sltres` ��•s'r�vt/✓'�"+r %d" ���•3� vile HdYS (/IND TO HOLD T6S BdS, toMether with all ap eta r the a � �i / r t g n$ YPu now and thereunto bs grog or {n anywise Whereunto appertalning, and all the estate, rlphb, Wis. intar t and claim whakoavor, iIts said part. ...of the first part, a Cher in taw or equity, to the only proper use, bsneJtt and belwof of the said poa•e._ .. •of the s000nd parb,...._.:.Cl ___,- Sea s and asstfm forever. IN WIZYMB WB'SRBOF, the said partl�fyf tttb /Grad part hahersanlo sat_..]tanci and seat the day and year Jlrat above writion. Y .._ ..__ ......Yif.' ............. _._... emwn _....-_._..-.-....._..._..-'--•-'--CY��E eras __._......._.._ ................. _............ .......................... ___._,_.._._..-._..__...._......... ___................ rm.a •_-...-•-•----•-•—'----•--•--------- amp SW-A.Tj S/O�S' cl O DO,t Oounty 0f7CCli/ In, and for said 0a ray, and the State a/oraatd, do �^ •, psivonally /mtown to me 7= person whore _.��._gmzmrlbed to Eli .l c ' Penrad before rna this day in pylon, aad ackm wkrwtpp dged that_... Lam. -_-.-alined, .Ud and deitverad the said inab•nmant of A�r11:'bl L wrdltnf as...._. ......free and votsws red or/!he wa oad purpaes {herein seE forEh. 'Ell Given under my hand atd.._t9�ife2�._... rani this .�rlP.._ B _...... 4 i y�l///rJJJ�G�!GlY " 189 My Oorsemtaatom oaplree a'!L�/...._.._...._..18D6--------------- r -a2te.[4ur�J Flied for Racorrl thc.r._.._.___._--- ------------ _day of _-........ ...�... -_ _.__ d. A18 ad__._./�._,: ................ :_.Recorder, q..... QUIT.azexKnUMD-1oe6—, n,..C-O,r.M.W.aeyn.MM-- -M ffhisReed, Arado tTda...... _._._._�.�..� �------------------day of- -------- �-1�.--�-_-�-.in the yanr of our Lord one ;.• thousand stght hundred and ninety ..... ... _ ------.__, BBTW II , _..... A+ervdo ----------- -- !- Cie;— Q.e.__.._......-___a the Ouunt o!iCSE.f..'.N._:f61--.---.____-._--_--_and State of - f y of .. . , of the /kab pars, arul -................. __........ _—._...._._..- - - - --- '--- ..------- Ij ref•-• ................._--------------.._.__._.._. , of Qe second Para W'ITNRB8RTS Thai the said part�_af the first part, for and in consideration, of the suns o)___.__---------------- ---- -__-.-____•_-••_- paid by the said parb.'tl..of the second part, the receipt wheroof is hereby confessed and "knoralodged, h .ramI'd, retoased, sold, conveyed a QUfT-OLAIXBD, and by there presents dol4.mmise, release, sell, aonvay and QUIT-OLdrdf giants the said park -Of the smond part,........... ... .ltetri and nstfgns rover, ihs rtgha title, intereel, claim and danaand which the said part Id.o fir part had in and to the following daaribad_.-._._�4ieuln=_.._-._--------- .situate, lying and being in the OountU of _......... _.and State of Oakrado, to wtir ��J�/t!a) @�.e.e,�.w-r-t- ),��v-a (/'l�J �ui��••�wL� v-•-r.�. (l > � , e� �3..Qe ish rn/(l l) eivcc� l�Gw..eerl o .vw�,-..r,i.•i wok �L,..f.o (2') -�' . (P a' LprOau /� �GtyvL!/,Qrtn,�,( Cvr,,,n( O U eLe.•e.c�+�-vcr�� ..t-w .�}w h'•�t!vrnn.t.rt .�+ i°o `�►'.,�-�-G�u/ '0p% ,Q� n� Cyo� r,-r.r. /!�' l !a /�' �(c,,,2.o.P Q...., �PlJo �wy.�u•t.%L . h �-a,�-.�rw,fd.s. � D 3. � �LW IJLu t�-r-i(.-r. o� dQ.u�GGr ai 0-.-t.� O--Q�..�...,cy0 _ TO BAVB dND TO HOLD TSB 34,1f8, together with all and singular the appurtenances and privileges SwroWsto.belongtng or in anywlss t ereanlo appertaining, and all the estate, ritht, title, tnterat and claim wh alroever, the said ar .of the 7Bret part, either in law or equity, to the only proper use, benaftt and bokof of the said pas _ of the second part,___.. _..y�.r.Jwifa and assigns forever, IN JrITNBSS WHBBBOF, the said parkK.of t/r6 final part ka Y!_)ereecnlo set.__�/2�L o _.________-- rand and seat the day and year /tral above wrdEien. //- — -------------- ------------- ----- — ------------------------------ - - ...1 CletF4(�1J...... snar ....................................... .......... ..-----------.... sea __'-_......................_....-.........-................_.._._. -... -....... -_.--.......... .... -.... ............. BTAT� � se. Count O . � I, ...... _... �•!. x�.'�•... � a(!._-1�fio�i- _ V--y!'!.! :.",.'�» ....... _........ in and for aald Oounty, and the State aforesaid, do hereby on -UN Mao_ _.[cot-_4!..J_�Y_................ ...................... personally known ts ms as the person whose na .�-_�subaarlbed to the annexed Dmd, appeared l4fore ne eft— this day in on, and oohonowledged thab__.../Yi-SGed, sealed and delivered the said Enetrurnent of wrlKng aa.- ._ jYae and voluntary cab,,Lor the a and purposes t7eroln se orth. �I Given under• my hand aud__.raal Shia_—S�_P_.,dayof.!�/ J. D. 188ei,-/1 ��// .... _... _................aSl_. - My Oommuslon evpbw_...... _..._w�i%!'._ 7.. . y4..__. ia� .t'jrQ' — Filed for Record the ......... _... Z..A.......... ....... -day of._.__.-..._r _-- ........d. D.1897at_--.._ _. °�- o'oyek.4' At. .....-•........_........ ........ a7m._.€.....Y......•_• :.... Recordar, By. ..... ...------ ------------ e 70346 , copto;abor,in the year 0 THIF I-;DE;TURE,'hdo find a torsi into tkis tiro..^.t. hi.r.. .' ;' ' I of our Lord One Thousand nine h,L_urod and five t 1JuJ1 0;, n.^•a uucvaon ffonry :'• ltogorc, ;ruszu. rty Of first of the Ctynd asks,:ruetocsMats o'otheoCitydAndACoi my orc,,onvar,nndtrtatoronk Trn f i Colorado, par ties of the socond pnrt,- . '"dins r n e th.: ono dollar That said party of the first part for and in aonoidoration o_' Cho rwa of {�I), lawfull money of the United Ftatea to I.i-n in hand paid by the raid portion of the second part,the receipt yhoreo: io hereby confensol And acknowled;;od,nnd other Loot( and vnluablo considers tions I han granted, bargained 7sold, romi.nodIroles sad ar.•1 forover quit-clained,and by these presenta does grant,bsrgain,sell,ro.:ti.se,relesss and forever quit-c1a;L'a,ttntO the said IC parties of the second part,and their sueeenanrr. in trust eorovor,all the ri;;ht,titlo,inter. est olairn and don -And of Any and every sort And description ovmr,whish said party of �• the first part bee in and to the followin.; denorlbel :rn,ort;,to-nit; Tho following lots and ycrools of land,sittwtc,lying Am( hoin:, in tl:c City of Colorado Fprings,Bl ,Paso Cotmty,ColoradO,to-wit: :,ots nwabered t.70 (b; to oi;,I:t -7 incluoivo,e:Ovon II And thirtoe;e IS,in block nwaborod two hundred and sixty throe; Lots numbered three .1 :our thirtocn Ia,fourtoen I4,1n :lank numbore•1 two h=dred And If' sixty six (£66); F Lots numbered six o,sovon,v,eiwht ., t:rorty one iit And twantY tvo ; ,in block nwabered two hundred and sixty nine u6O; The west half 1"..I/L of lot nusbared fiVe 5 and Iota nw•ibered six 6 raven 710i,1ht (i tw- !�, onty five u5 twenty sir. Ld and twentyseven 27,in block nm»erad two htctdrad and soventy two k'12 •') Lots numbered four 41five 6 six 6 and nine O the east fifteen I5 -foot of lot numb erod F' tan Iu lots numbered twelve I2 slid thirteen I3 And lots ntunberod twenty two 22 to thirty two both inclusive in block ntunberod two hundrad And seventy five V16 All of said lots and pnroolo of land being situnto in Addition NO I to the City Of �! Colorado Springs,`-'1 ?aao County,Colorado. fg The following iota and parools and parcels of land,situtte lying; and boind in the town Of Aanitou,ElPaso County, Colorado to -••vet: I Lots numbered eight 8 !,Inc 4 twelve I8 to neventoon I7 inolusiva,and twenty thees 23 and that part of lot numbered oii;hteen not heretofore convoyed to V.A.IIollby J.•7.11azeor,ann in Block M. Lots numbered thirteen I3 to twenty q 20 inclusivo,erooptine those portions conveyod f' to The Colorado 'Ildland Fbtilway Conpnny by Oscar :;unke,Trustee land oxoopting that portion of lot nwabered thirteen 13 heretofore conveyed to The Denver And RIO Orando grtilrond Comp- �' any,in (look ?; Lot �numbered six 6 in Block ntunberod seven 7Anitoa iron Springs Addition. � Also the fallowing described lots And parcels of land nitunte,lyine And baing in the CIT: O9 LEADVILLE, County of Take And Ftate of Colorndo to -wit; Lots numbered twenty four ;a4 to thirty 3%, iholusive,in blook numbered eleeon II; Lots numbered twelve L' in 31ook numbered fourteen 14;Lota nuabordd nine n tan iU eleven IT and twelve,in block numbered sixteen I6; Lots numbered one I to thirteen 11 inclusive And eighteen I9 to thirty four 34 inoluai -ive in blook numbered eighteen 18 . Lots num')ONd nevonteen I7 to twenty o1,1ht 28,inoluelvo in block numbered nineteen IO.Lots nwabered ono I to thirty four 34 inolusive,in block nuab- ered twenty three 23.Lots numbered five 6 to twenty five L51inolucive and lot nwaborod twenty eight L8 in Elook ntv:nbered twenty Your 1;•1 .Lots nwnbsrod ei8lttoen 13 and nineteen 10 In block numbered thirty four 34;.Lote numbered sixteen I6,11inoteen I9 to twenty one 2t, inoluaive,and twenty four l.4 to twenty seven 274nolu5ive,d.n block nwnborad thirty five 35; .!.eta nirkb fired seventeen to ;wort,r oicht ;:'n inebi ivo in bl.00k numb grad thirty of {ht 09 Sneluaivo,lpto nwSeared orta'I to thi fly taro. 3 ,incluRivo,in b- oak ntt•barad thie+ty 71i;; no IS1 r t in blou'.c nusbarod forty 60;Lota nmbered one I to nine q inclugiva,micteon ?u` to twenty savon k7,inclusive ,thirty seven 37 and thirty oldht 3R,in block nwaborod forty ono 4,1; Lots nwabered one I to thirty t•.ro 3L,inaluaive,in block numbered forty two 42; Lots nunbored I{ 3n0 I to thirty two 32,inelusive,in binoi numbered forty three 43;',nts numbered twenty ono 2l,t:venty two 22 twenty three 23 twenty seven u" twenty o1jht 21 and twenty :,Ira block numbered forty five 46; Lots numbered nina p in block nuunborod .forty nix 46.Lote nwn- bared Ono I to thirty two 32 inalunivO,in block nunberod fifty ^ive 65;7.pta numbered one I to sixteen 6; inclusive amt treaty throe 23 to thirty two 32 lnolusivo,in block numaarod fifty six k mum a ntunberod one 1: to eight O inc!usivoalnd novontoon I° to twenty aO inolusi- ve in block numbered fifty savon 57;7,ot8 nunbored :our 4 to rovonten I7 ino nulba throe W to thirty nine 39 inO1UAiva,ln luslvannd twenty block nwaborod fifty eight 58;Lota 1U01vroc( one I to c savontoen I79inclu6ive,8nd twenty 20 to forty 40 inclusive in block nunbored fifty nine 59. Lots numbered one I to thirty two 32 inclusibe in block numbered sixty 60;Lotn nu worod oLe- TM Vert IT to thirty two 12,inoIuaive in bloc'.c numbered sixty Ono d1;?,ots nunbored one I tc nine �I inolusive,and seventeen 17 to nineteen IO inolusive*n block numb•3rod sixty two 62;I.otA numbered twenty two L2 to thirty two 32 iholunive,in block nunbored sixty three 63;Lote numbered ten IO to seventeen 17 inOlusiva,and thirty 30 to thirty Pour 34 inclusive in block nmmberod %event;• 7U;Lots numbered ogle Ito 'even 7,ixnolusiva,slxteen,l6 aenaritean 17 and elElatoen IB in Block ntunberod seventy one 71,Lots numbered twelve Ii to thirty vuo 32,irio1- usive in block nunbored seventy two 72; Lots ntubec•ed One Ito thirty too irtinplO32, ,in block numbered seventy three 73; Lots numbered one I to thirty two 32,inolusiva,in block numbered seventy four 74; Lots numbered one I to thirty two 32,inOlusive,in block numbered seventy five 76;and, Lots numbered era I to forty two 4" inolusive,in block numbered seventy six 7O All of said lots and parcels Purvey land being situnte in Ftevens and Loiters Fubdivi- sion of the United 8t8t6s 'fineral Furvey :1o.;�7I "pie Cc t ttrenty nine 29 thirty 3u thirty Ono 3I And sixty s,von d7,A,;nsnlyaAddition �totthouCity aO! Leadville,Inke County,Colorado: Also,lnts ntunberod.ton IO,Taelva I21thirtoon 13 And fourteen I411n Block numbered two 2 and lots rttusberad ten IO to thirteen 23,inolusive,and fourteen to E i be twenty five 25,iatolttsive,and the west ten IC fast oP lot nunbored twenty six 26 in Bleak numbered three 3 All in sohultz addition to the City of I-Mlyi11e,Lak, County Colorado. Also, the following described land according to the fonner Aurvey oaanonly known as the a :16verly survey,now utI euspnnudct" E.W d and et aeide;to-wit; Tha ;!Ortheant quarter -IF T/t or seotlnri eleven II: The couthrest 1/4 of the southwest gnat Quarter 4V I/4 of the southwest quarter, pr, t/4 ah•1 gwnrtor PW i/4 and fractional north Of the southwest quarter All I/4 FsetiOn twelve fractional southenaC qunrtoc SE I/4 7i TI3 'coat halt pi 7/2 of the northwest P-1311 Ij V quartor Ow IA the :;orthwont quarter UV, I/, of the nouth:vost nvulrtor r-Y., IA mad the south cant quartor as JA of the ;:orthyeat quartor :;q; I/t Faction twelvo I2 : :.xcopting the right of :ray heretofore convoyed to the Colorado ludlaiid Railvray Company and also oxcepting a tract of load horot000re conveyed 5y Honry C.Lo`re to James E-Wilbur, containing twenty 20 noros. All of said land boing situate in township ten IG R.H.85 P.in the County of Pitkin and r`.1to of Colorado.Tho description of said lend according to the existing survey „:Ada by order of the IbUted Rt,utos 8ovornsant is no lollo•,rs: Lot numborod two 2 three 3 lot munbdrad nine 0 and lot numborod ton I0 all in section eleven II and lot nunborod twenty aeven 27 and lot nunberod twenty six 26 all in section two 2 : Alno the northwest quarter :M 7/4 of the :;ortneast quarter :ITb I/4 of said section eleven II the same being land entered by one Coorge F'.Hl rod And boing in extant one hundred sixty three And forty one hundredths Io3.40 acres .noro or lean exooptin8 thorofror,howevor,tho right of way heretofore conveyed to the Cplora- do !idland .tailwny Company and anountin;: to thirteen and ninety one-hundrodthe I3.90 noros more or loan: Also lot numbered nIxteon Id in section eleven 11;lot numbered seven 7,lot numbered )lino Olot numbered ton iU and lot numbered thirteen I3 in section twelve I2 And the southwest quo a 'IuA-rtar �' ! T�,, o��fjaQQ� r,�oo��,� ra t /�4� R� se cl!i.o�Lral o �2; the aan�e being land onceloYyr`yolin'Ts.�ftit or,�jor �on o��£fiat oarEs %iriyown as the Malden tract Amounting to seventeen And aic;hty ono hundredthr I7.8I noras;nlso that certain tract known as the Electric Light ?lnnt tra ot,nmoun ting to two 2 acre r.;alsasixtyMLiAlatone-hundredths .68 of An noro heretofore grantod to ilavid t.C.urovin,for right of way for pipe lino;alao that portion of said tract in conflict with the Homostake lade or olnim,survey Jo.42II,amounting to two and five tenths 2.5 Rores;Rlso the right of way horetofore conveyed to the Colorado Jidlnnd Rhilwny Company and aaotulting to eleven And thirty-eeven ono -hundredths 11.37 noros,more or less : Also lot nunberod sixteen I13 in section One I lot numbevod twenty five 25 In Aoction two 2 lot numbered one I in Section eleven II lot numbered sloven II in section eleven II lot numb.ared two 2 in section twolvo 22 lot nuaberod night R in section twelve I2 lot numbered ttrelva 12 in section twelve 12 the Same being land entered by one Samuel Plnnigan,And being in extant ono hundred and twenty four And fifty-five one-hudradths 124.55 nores,moro or loss excepting therofrom however,n portion of that oertain tract known as the Holden traot,nmount -i.nb to two And nineteen -one hundredths 2.I9 noren,and nine e:cospting therofrom the right of -,ray heretofore conveyed to The Colorado :hidlnnd Rail ny Campnny for its main line,its wye ad anti its track known As the :lo•.vruuu oxtennion,nli of said right ofway anoauating to eleven and ninety -Pour one-huraradthe II.0-h aorom,r:tors or less: Also lot numbered three 3 in section t,relvo I2;the same being land entered by one William F.rtono and boine in extent Thirty-three and ton one-hundredthe 33.10 mores,more or lose: All O said land being situate in tournahin ten To S.3.85 ^ost,in the County of Pitkin And Mate of Colorado: Also,the following described lots And parcels of land nitunte,lying And boing in the City of Aspon County of Pitkin slid Gtato of Colorado to-olt: 2aginning at appint on the nouthorly Side of Donn Street in said City of Aspen,eaid point being :i.rty one and five -tenths 51.5 foot westerly along said Oann Street from the southaost corner of Puntor Street and said Jean Ftreot;thenoe westerly along the southerly cido of lean rtreot sixty oV feet;thenoe southerly At right Angles to said Dean Street one hundred twenty four and five tenths I24.5 foet;thenoe Bast by south fifty nine 59 feet to A point soisontoon and five tenths 17.5 feet weot from a post marked 3-3885;thenoe northerly at right angles to said Saban street one hundred fifteen and five -tenths II5.5 t44♦ to the place of begihing. Lots nunbored ono I And twenty three 83 Ute addition to the City of Aspen,Pitkin County Colorado. TO IIAVE MID TO HOLD the saao,toauthor with all and singular the tenemento And horadita- monto,nnd pri.vilegos and Appurtonnnoos therounto bolonging or in any :vine appertnining,and all the entate,rights title, into root ,olaira and demand whatsoever of said party of the first part,an tvustoo,as aforeanid,to naid parties of the second part,ns trustees As aforesaid,and to their ouc wasors in trunt forever. IN W17,ICS8 WH &EOP,tho said party of the first part ban hereunto sat his hand and seal the day and year first Above writton. Henry T. RoBo ra, Trustee (SEAL) :Ar.11onry P.Rogors,Tructoo; Ploase oxacuto the foregoing dend,00nveying the 3ro?arty theroin desaribed to Prank Trumbull And Chnrlem H.Pohlacks,Trustooa, TiIE COLOitADO '11DLAlID RAILYIA7 CO!APAwY By G.W.Vallery General Mftnaaer Stato of Colorado ) City And County of Denver ) rf. I,Charlos I.Ikawthorn a Slotary rutblio in and for said City and County of Danvor,in the State aforesaid,do hereby certify that Henry T.Rogars,who is personally known to me to be the person whose name is subscribed to the foregoing deed, appeared before nee thin day In porson,and noknowladged that he signad,aeal.ed and delivered the avid instrument of writing as his free and voluntary not And deed,fnr the usq-a and gurpoeoe therein set forth. J Given under my hand and Notarial soal,this 23rd day of Reptember,A.D.I905• h le %.y ooraninsion expires >vpt.I2th ,I008 Charles I.11Awthorn Notary Publio Jeaorlption of property examined And npprovod. D.fl.Harris Civil Engincor C-'l.Ry. Riled for record At I2.45 ?-M- i)oo.ioth I905 R. `A. Ryan, Re corder :.,.,=69z. VITS INDt{NTgwn, •) _� e ) binds ah I °nr"red lr• I this P=l day of September, in the ,veer of oar Lord one 1•nueand nine h•tndrPd And nine ante of C.olorad-3 ?rnstea, p.,rtbv9!h� pPtt� ph 431iRY T RDISRS, of the City and County of Denver and and 1tatA Of NOW York, and c:WILWt P o fiPMAP,i Part, and OA'tIF, t9ILLARD, of the County at New York tolorado, rnsreas, parties of `hq egcthi vArt, of Vs nity and Caraty of Denver And State of Tirpl4p 18FTd1: i That hold party o' thn fit•st pnr r latvf'll -;cney of the 'miters 4tatA, jr, nn,1 in Oanaideration of the sum of one Dollar (11) whereof is hereby anllfasand and aoknotledlin hand paid by said parties of the ancond part, the rneaipi ) bargained, solls rMiiwld, raleasgd ntO% a d' 'Ind other Rood and valuable considerations, has granted I oar Ain, Belt, rrnis� rslAara a,.l .orever glett-claimed, and by these presents does grant, ^rllstgae, and t)lair sudcaaaors in trnatvar �,li,-slain, unto thA said parties of the aacond part, sa of atly lad every .art slid dasor' a ' o^aver, all the right, title, interest; claim and demand pt_O- whatsoever), which said party of the first part has in End to the followinv, described s property, t.on wh: The following lots Andolo ndn,piroto Of land, nitllate, lying and being in the City of Colorado ;chines, 1:1 Paeo (`a,lnty, rolornrig, +o-•,r±t; Lots numbodand 5 two thr t,t nigh; (�), lnolusivA, eleven (11) and thirteen (13), in block nlmlber- e,i two h'aldred and aixty-tltrga; Lots ntribered three (7), fair (A), thirteen (13), fonrtnen (14), in block n,anbered two hundred •,nd sixty-six (P66); Lots numbered six (6), so -an Oh sight (11), twenty-one (21) and twenty-t(22), in Block numbered two hundred an,1 fixty-nine (Pr)q); wo I The West half (W.:) of lot n,mbered five (S), and iota numbered six (6), seven (7), eight. (9), twenty-five (25), twenty-six (261, And ( twenty-anven 2 ✓ 7), in block numbered two hundred and seventy- two (272)i I Lots numbered four (4), five (5), six (6) and nine (9), the goat fifteen (15) Poet of lot nil -bared LAn (in), lots mlmbPred twelve (12) and thirteen (13) and lots numbered twenty-two (22) to I thirty-two (.V), both inclusive, in block numbered two hundred and seventy-five (275); All of said lots and parcels of land being situate in ADDITI04 No.1 to the City of Colorado I :springs, PI Paso Volulty, Colorado. The following lots and percale of land, sit•tate, lying and being in the Town of Manitcu, 10. Peso County, Colorad-, to- wit: Lots numbered eight (R), nine (9), twelve (19)to seventeen (17), inclusive, and twenty-three IPA), and that part of 1)t nimbored eighteen (111) not heretofore conveyed to W. Bell by J. J. Roger - ;an, in Block M; Tote numbered thirteen (lx) En twenty (20), innl,laive, excepting thoaa portions conveyed to Ths Colorad.) Midland Railway Compnnyby Oscar Bunks, Trusteo, and excepting that poltion of lot number- +d thirtaon (13) heretofore oonvoyPd to The Denver and Rio Rragd Railroad Company, in BT.Ook P; Lot numbered six (6), in Block numbered seven (7), Malitott Irnn Springs Addition, A180 611e followin)r described Into and parcels of land situate, .lying and being in the CITY OP L'r.ADMiTA:, Coltuty of bake and State of Colorado, to -wit: Lots numbered twenty-fo+tr (24) to thirty (?4)), inolneice, in block numbered eleven (11); Lo`, mnsbersd twel••a (1P), in block nulbared fonrtaen (14); Trits numbered nine (9)1 ten (10), eleven (11) and twelve (12), in block numbered sixteen (16); Lott+ numbered nng (1) to thirtnan (13), iylcluaive, and eighteen (I1R) to thirty-four (34), inclusive, in block nlmborsd eighteen (154); Lots numbered movantPan (17) to twenty -sight (21), inclusive, in block numbered nineteen (19); Letts numb4rad one (1) to thirty-fnnr (34), inclusive, in block numbered twonty-three (23); Lots nlnnbered •'ive •5) t! twonty-five (P5), inclnsive and lot numbered twenty-eight (2R), in block numbered twenty-four (241, T,otn numbered sightlan (ln) and nineteen (19), in block numbered thirty-four 04) ; T,ots numbered sixteen, nineteen (.19) to tvronty-one (21), inclusive, and twenty-four (24) to twonty-seven 07), inalilsivq, in block namberad thirty-five (35); Lots numbered sevent^gn (17) to tvrenty-eight (211), inclusive, 111 block nUr'hars,t thirty-eight 13`), inclnsive; Lots hlmbernd one (1) to thirty-two (32), inclusive, in block numbered thirty-nine (39); Lnts numbered one (1) to fn•mtssn (14), inclusive, and twenty tau• (24) to thirty-aix (36), inclusive, in bl'sok nlr•bornd fort; (40); Lots numbered one (1) to nine (9), inclneive, sixteen (16) to twenty-seven (27), inclusive, thirty-oaven (p) and thirty-ni({11t Of',), in blook numberAd forty-one (41); 1,ot3 n.mlbsrAd one (1) to thirty-ttea (32), inclnsive, in block numbered forty-two (42); bete ntunbeFed one (l) to thirty-two (32), 1naLleive, in black numbered forty-three (43); dots numbered twenty -ogle (:'I), twenty-two (.^.2), twenty-three (23), tvrenty-seven (27), twsnty- Ait;l:t (21•1) And ;,•,Arty -nine (29), in block n r:llarsd forty-five (45); •eta nnmberAd one (1) to this•*y-two (,2), inclusive, in binek membered fifty-five (55); I Trots 311O1berAd one (1) to sixteen (16), inns-lsive, and twenty-three (23) to thirty-two (32), incluaive, in block ntmhored fifty-six (°C)l.1 ,1 (20)inclusive, Lots numbered One (1) to Flight, ('t), inn),tsive, And seventeen 7) to twenty , in block nmmbered fifty-reven (57); to thirty-nine (39) Lots nnrberAd four (4) to orvgnhn f5(17), incluaive, and twenty -throe (23) y- incl.taivs, in block membnred fifty-ei(r ); inclusive, slut twenty (20) to forty (40), inclusive, Lots numbered One (1) to savi:ntastl (17), in n1iiijbared ll(1) izm (59); rty-two (39), Inclusive, in block numbered sixty (60) Lots ; Lots numbered eleven (ll) to thirty-two (i?.), inol,lsive, in block membered nixty-one (61); ) T,ote numbered one (3.1 to nitla, l,lnl,lsive, and seventeen (17) to nineteen (19), inclusive, in block hnmbered sixty-telo (0,P); tern (32), lnolueive, in block numbered sixty-three (63); Lots ntsnbered twenty-two (P.P) to t} irty- sinrlueiva, earl thirty (30) to thirty-fo•lr (34), Loth nunbarvAAn (11)) to asvantgn (17), inclusive, in block numbered seventy (701 eixtoon (16)) seventeen (17) and eighteen (18), Tote numbered one (1) to enven (7), inet.,lnive, in block numbered seVanty-ona (711; �2 inl,lslve) in block membered seventy-two (72); Lots membered twelve (11) to thirty-two(- )' in bleak numbered seventy-three (73); Lots numbered one (11 to thirty-two (32), inclusive, T,ote numbered ane (1) to thirty-two (32), inalleaiv0, in black numbered seventy-four (74); Lots numbered ono (1) to t-.lrty-two (T2), inolinibl in block membered seventy-five (75); and, ,.� 1')ts nl44bered one (1) t.0 forty-tvrO- (4?1, inclusive) in block numbered seventy-six (76); ty31313 (1) is ' All of said lots and parcels of Joni rn?nP, „it•1atq in •ltgvnns earl l,pitpr'e :+ubdivisinll if r: ,!nited Ataten ;.lineral ,survey No.,71, i.nke rounty, Valn>•ad7• Also, lots numbered t^.•enty-nilp (29), thirty (3'1), tl:irty-gne (?1) earl sixty -coven (57), ' = Agas<sis t4dition to the City of T,eadvilla, Trakn Co'tnt,, rolnrado! A.4), lots numbnred ten (10), "w'lve (IN ) thirl.apn (lz) and fa'lrtpen (14), in block numbered dl two (2); and lots numbnred ten (01 to thirteen (lz), incl'lsivn, and twenty (20) to twenty-five 12�,)' 1' inclriaive., and the teat tell (10) feet If lgt nr1b?rP.d twpnty^Pix oin black tt,>rbergd three (s)� tl(• all in Sohultz Addition to the ''ity at Lasdvilla, %ake ('°'m'Y, nlrjtdo. ra l ): '''he following pieces and parcet,e of land, nit,!tnte, lying and being in the County of "itkin an, F l�: State of Colorado; and dPsoribPd acoordina to existinc 'nit ad States 'overmnnl/ Survey as follows: Ill Lot two (2), in Section plpvpn (111, eontlining thirty-`iva and eighty-five one-h'lndredtha (I, acres; Lot three (z), in Section eleven ('.1), containing thirteen and eighty one-h'uldredtha + acres; (� Lot nine (9), in Section e'.evsn, containing twenty-nine and anvanty-rive one-h•tndrndthe N), acres; list ten (10), in Section eleven (ll.), containing twenty-five and ningtnen she-hundrgdLhs jI 25.19) acree; Northwast one-,1-arter (N.;l. �) of tt:a northeast one -Ruartpr (N.h, ), .leoLion eleven (11), containing forty (40) at'^es; 1! ' Lot twenty-six (2611 in Section two (''), oantailtin+' savontpen and nix onn-hundredths (17.06)• agree; 11((( Lot twenty-aevsn (87), in Sp,tion two (2), containing one and sevant,y-five one -hundredths I (1.75) acres; f1 All in township ten (10) So•,th, nangA eighty-five ('�5) 1Ywat, and aP.Rregating one hundred sixty-three and forty one -hundredths (153.40) acres, more or Lean; excepting, however, the right of way !'f The Colorado 111•11and Railway Company thronrth said ;,Pat L;to (N and eleven (11) , smbrao'n�• f.-trteen and esventy-two one -hundredths (14,72) acres, more or lens. ALSO the following pieces and )arcela of land, sitnate•, lving, and being in tl'e said ro„nty .:f P akin and State of Colorado, and described, according to existing, United :dtateP tloverment Survey as !+ follov;a, tc-;lit: Lot sixteen (16), in Asotion ono (1), agntnilting seven •,nd forty on9-1ttindretha (7.40) acree; Lot tr+enty-five (25), in Section two (9), containing one and twelve cos-huntdredthe (1.12)acres ,,0t Jls (1), in Section eleven (11), onttaining four and fifteen onn-hn)ndrodths (a.15) acres; Lot eleven (111, in Anction eleven (11), containing. six npl "fifty one-)lundredths (f.60) acres; Lot two (?1, in Apotion twelve (19), co,ltainillg t,)lirty-night and%;t--h•tndrndths 02) acres; Lot eight (A), in ~Ration twelve (12)1 containing twenty-ninlq and fifty-,lix one-h,tndredthe (29.56) acres; hot twelve (l2), in Apction twelve W) containing. thirty-nAvBn and eighty ono-h+lndredtY.a j (31.90) sores; All iatownship ten (10) South, ra11r;R eighty-five N!) Y7nat, nnri a.=,maCnr,inn one Mildred twanty- falr slid fifty-five lee -hundredths (124.`z5) acres, mnrn or lnss; oxnnll;ingI, hgwRvnr, the right Of way 1 i of The Colorado Midland Railway Company for its main riglit of way, erlbraoinR spvpn and twenty -'our :1 imp -hundredths (7.P4) acres; for its Newman'!'r,tunel Line, embracing one and eleven one-htuldredthn (1.11) acres; and for its wye, embraci'!a one and thi*ty-six one-h1trdredth0 acrea; also ex,!npt- 17*iPs:•t of that tract known as the Holdall Tract, said part of said tract embracing three and sixty- t` fo'tr one himiLredths (3.6A) acres; also excepting )no and fifty onn-hundredthu (1.50) acres ambracbd I by county r^a•!. ` ALA' the following pieces and parcels of .land, nitnatn, lying and being, in the County of Pitkih l and State of C-larado, a',d described, according t7 nxiPtil,g !ntited Vate-i +overmant Survey, as 1 folInwa, to -wit: 1 Lot three (-A), ~potion twelve (12), t•wmship tan (if)) ;Iq,lth, NanNa eighty-five (R West, containing, thirty-ihrnn and ten olln^hundredths (';3.10) acr0m; exaopting, however, two and twenty one-l:=•.ndredths 2.23) acres embraced by county rontl, ALSJ the fallowing pieces and parcels of land, situate, 4inG a,td Cuing in the County of Pitkih, a.t8 : Lute )f Colorado, and described, nocordin); ,to exiatin,, ,Init.r! .tt•,te:! •10vtIrtlont :;Covey, its follows, to -grit: Lot seven ��), in ;action twelve (12), containing rive and fifty one-11'tndrodthe (!:.39) a:rea; ✓ Lat nine (9), in ?eotion twelve (19), oontaini)y; tlronty-at'van toolu l ^arty -three one-tntiradtls f (27.43) acres; r r i Lot ten (1-3), in Aection twelve (12), ocntuininR s0vsn acres; and twenty-three one-htutdredthe (7.23) t1 , lot ttirteel: (13), ill Aectian •wolva (1p), ea,taininll Bares thire rued ninety-two one-nundrOdthA 1 :ottt�l'ast one -quarter (1.'.., y} of t!1n soutlaruet lea-y )utter (,i, :.. oontaini.nb forty (e.J) acres; a), .;action twelve (12), Lot sixteen (16), in .;cation eleven (11), a•nttaining ninety ono-Illuldredtha (0,90) of an acre; All in 4.avrstship ten (Ln) South, ';atT;e eigl'.ive;,ant, ,old ul;.gel;ntinl; one 8tutdre•I Lwery Theand ninety-eight ,nd Rail1•ay%,-odths (120.9"i) amens; axnsptin,!, huwnvar, right of Wei for vain track of ^!:e ^oloredc did'u,nd lioiltiay';or.;pany, embraritlll fourteen (14) acres, and rig;;t ,•f waj for t)1st certain sp:lr tree c of said Railway .bW,lntty known as the Nava""" 'r`ll"101 Xxtn»sia11, embracing one and eighty Ana-hundradtla (1.='1 acres; also exoopting part of that cortai.11 trr.0t l:nor71 ,ts the holden �'raot, e-bracing sixteen and d irty-six one-hundredt)ut (16.36) aorea; ale0 exaopting that certain tract k)'kOWn as the aa_tt -exns ::ill -site, onbracill" t"O and twenty-nine one-huudelidthr (2.29) acres; 01150 al:captinG sixty-ai©ht cue-hutdrsdtha (0.+y1) of an acro harntorure grantstd to .,avid R. C• Brown for " right. -of -way for a pipe -like; also exneptllig ono nnri t'tirty ono-huudredthl' (1. j0) at!res, Browncf o by ao:mty ro.,t; and also sxoep.,irg that oartain trust k"dVol as , k `! ;C' azroB. lm !;.lo;+trio 1,igltt ':'fact, embracing two A::,.), the following dencri!'od lots ood f , J? ASPS:, -o:mty of=at:Cil1 anJ Stuta of Color+tParct�,�td,+of landd, nitlutte, lyinll slid being in tl.e CITY )++ BtAillning at a point 'n the southerly Ride a1' l,n,t•r :trvn, 4'yl bedni, 'i'ty-ot,e alld five-tentl:a 151.:,I Cant ..eatarly ,xl.nl! avid ;,Haft aLitl rity of t.rpe,t, raid a)int of N+mter S'rr2n and said _palcStrsot; thnnrn wnatn, d 1 root from tl:e southwest cornor I (6J= fort; thence southerly tt ri,tht ut;i 1.pg to rnld 1.i nhnU< 'h, aJlitl:et'lr sidn OP Dowle6treet. sixt ten'ha (124.5) f. et; tiezl+s Past b s0atl` fifty- auk tr,,,1t rho 11•n1,'rrd tweet,•-fmu• n1t3 five.- 1-4, RA(17.5) feet aest from a ash t arkeri 3-1v?y�:151,; thr•1gil�t�turLLn 1�nttIt t ' It 111ahl;lRetf tutasaid nd five- et ,Ls 3ne 1:•u:drel _!-teen s)t3 five -Ten ( lit.1) f rl to 1.)w ptn.•n rn,;•lnnin:•. L'ts numbered era i'_'• and tlitt11ro,' (; l Colorado. ), 'LR of ; ,dtlnn tq t.lm t'itY of Aopr'n, Pitkin Counti, :i•1 of ArdA Di I wrtcl' raRl is Y.• 2:')f,,re,.Inil'strXIMent dated the fourth day of '-ebruary,1908 te&tgoofrColoratd000conveye,lpby8'homaft ^lp' ittolusive, of the records of the County of Pitktn and to "rusk Trumbull, and Charles B. Schlaoks, as Trustees. Ati, 0, all of ,M At te;or Colorarlol,eto-wit,inF 'lea.•rtb,td urouerty, situate, lying and being in the Co:tnty of Tellaw tiOlk :our ( Alltthat, iprt):irtof the northwest t,Uurta" (ll,�•.,-'�-) of the northeast quarter (i1,F 4) of Section ( 3) south, t'anga sixty-nine (69) Nest or the Sixth Principal Meridian, whiall lies south of A line drnwn parulted to end firty (59)feet southerly from the center line of the railroad of the Colora•lo ,:Srlland •ailwny Comnany, measured at right angles thereto; said above descri- ;t•-d piece or purasl ;f land ccntair,i)tg fiftern rolrl :ifty 1�se. -sight Otte -hundredths (15.58) acres, more or Also, all that portion nr :.he nurt!,esvt yuartor ,lotion four (4), (;),li„y) of the northwest quarter (I.F/.�) of es South thirteen (13) Cauth, range sixty-nine (69) west of the Sixth principal;•tridian, w)tich lien south �f FL dt'+s'n1 parallRd to and fifty (50) rest southerly from the center line .,t the railroad of The Colorado :;i,llatt9 Railway Cov,pat,y, measured nt right angles thereto; said „hove describad piece or parool o' land cantaining Seven and eighty-fotn• one -hundredths (7.84) acres, core o^ l.er?s. TO IIAVE•1 MID TO EO„D t]le same, t-: ether ..'ith all and singular the tenements and hereditoments, and privilagen and appurtsru:toes there•tnto bel.•,nging or in any wise appertaining, and all the estate, ril¢,t, title, interest, elsiL 6.4 det.and trhata.tnver of void party of the first part, as trustee, as oferesaid, to said party of the s•tenm part, an trnetsR as sforesuid, and to their successors in trus(( •,r ever . Sr1lv9' Jn, the aa14 party of the first part has hereunto set his hand and seal the q..ty and year first above writtNn. Henry T. Rogers, Trustee. (SEAL) To Mr. Vs ry 'mars Trustee, Please execute the foregoing :.aerd, oottvsyitlg t1:e property therein described, to Daniel illard and Char -Lea H. ohlncks, Trust•tee. ,ivuysmber 2',rd. 1979. ?..,proved AS to fort.. 4atary T. RoItAre , Gnneral .;olioitor. STAT1; On COLURAdi0, ) City and County of Deliver.) '7M C01,0+AD) 4IDWID RAIl1NAY COMPANY, ny q. ll. Vuller,�, General Manager, 1) Willian A. hea', a Notary Public in and for said City and Oo,mty in the .ltat,) aforesaid, do hereby certi0y that 11911Ry T. HO-MR3, who is personally known to me to be the ;.ereun whore 11a139 is snbseribarl to Via foregoing dead, appeared before me this day in person, and -1-rowledged that he Signed, senled sad delivered the said instrument of writing as his free and voluntary sot ap sad, for the use and purposos therein set forth. ;Sven tender my hand ;%nd notarial seol, this 23rd, day of September, A. D, 1909• f R�Y4BIAL ft,rin pion expiren :.arch 5th 1911• William A. Reef. Notary P:tblic. olAT YOP C)LOT%A:..),) lIS County of Piticln. ) A'1lRd for record at 12 J1Clock M. January 15th, 1910, Jae. H. ldstherly, Recorder. ,_ _ : 70 N). 7n032. r.FFB. THIS INDFNTIR?F., Linde and entered into tl'Sr 11•1,t* d,.y of April, in thn year of our Lord one thousand nine hundred and ten,by and between LANIFT, 'WELT,ARL of the County of ]few York and State of New York ,and CHARLRS H. ,ACHLACKS,of the City and County of Denver and Staste of Colorado, Trustees, parties of the firet part,anl RFNRY T. RDIF.33,of the City and roanty of Denver mild ;m%te of Colorado J' Trustee, party of the aecontp1LrtWITJF..38EP]]: I1 That said parties of the first part,for and in cnn=ldPration of tha wim of one dollar QI) 1N.wful money of the United 5tate5,1.o them in hand paid by said party of the apoond nart,the receipt wher•iof is hereby confessed And aaknowledgPd,and other goof .n,d valuable considerations, have granted bargniped,aold,remised,released and .forever quit -claimed and by these prneents do rrant,bargain,sell, remiae,relesse and forever quit-clbim,•lnto the said party of the second part,anrl h's successors in i trust, forever,all the right, title, interest, claim and demand of any and every sort And description ,j- whatsoever, which said parties of the first port haves in and to the following described property,to-wit; The following lots and parcels of land, situate, lying andbeing in the City of Colorado Springs, El Paso County,Colorado, to -wit: . Lots numbered two (2) to ?ir!ht (8),inclusive, ale veil (11) and thirteen (13),in 81ook I!f.' numbered two hundred and sixty-three; Lots numbered three (3),four (4) thirteen (13), fourteen (14),in block numbered two . hundred and aixty-six (266); Lots ndimbered six (6),seven (7),eight (8),twanty-one (21) and twenty-two (22) in block numbered two hundred and sixty-nine (269); The ,weaValf (17.) of lot numbered five (5),and lots numbered six (6),seven (7), eight (8),twenty-five (25),twenty-six (26) and twenty-seven (27),in block numbered too hundred and aeventy-two (272); �. Lots numbered four (4)#five (5),six (6) and nine (9),the east fifteen (15) feet of lot numbered tan (10),lots n•anbered twelve (12) and thirteen (13) and lots numbered twenty-two (22) to thirty-two (32),both inclusive, in block numbered two hundred and eew,nty-five (275); AlZ of said lots and parcels of land being situate, in ADDITION NO.l to the Cityof Colorado Springs,El Paso Ooutity,Colorado. The following lots and parcels of land, situate, lying and being in the Town. of Idanitou El Paso County,Colorado,to-wit: Lots numbered eight (S),nine (9),'twelve (12) to severitenn (17),inolusive and twenty- three (23),and that part of lot numbered eighteen (19) not heretofore conveyed to W.A.- Bell by J.J. I ` FMagerman,in block Y; Lots numbered thirteen (13) to twenty (20),inolusive,exceptiiip, those portions conveyed I I to THE COLORADO MIDLAND RAILWAY CO:dPA)!Y. by. Oscar Bunke, Trustee, and excepting that portion of lot 1II1 numbered thirteen (13) heretofore ponveyed to The Denver and Rio 4rande Railroad Companylin Block P; Lot numbered six (6),in Block numbered seven (7),11,14nitou Xron Springs Addition. Also the following described lots and parcels of land situmte,lying end being in the CITY OP LFADVILLE,County of Lake and State of Colorado, to -wit: Lots munbered twenty -foie• (24) to thirty (30),inclusive pin block numbered eleven (11); Lot Nuibered twelve (12), in block numbered fourteen (14); Lots numbered nine (9),ten (10),eleven (11) and twelve (12) in block numbered sixteen (11); Lots numbered one (.1) to tbirtein (13), incluaivs,and eighteen (11�5) to thirty-four (34), inolunive,in block numbered eighteen (133); Lots numbered seventeen (.17) to twenty-eight (?A),inolunive,in block numbered nineteen (IQ); Lots numbered one (1) to thirty -:our (34), inolusive,in block numbered twenty-three (23), Lots numbered five (5) to twenty-five (25),inclusive and lot nimbered twenty-eight (PS) in block numbered twenty-foiir (24); Lots numbered eighteen (19) and nineteen (19), in block numbered thirty-four' (3Y),, Lots numbered sixteen, nineteen (19) to twenty-one (21),li:clusive,and twenty-four (24) to twenty-seven (27),incluaive,in block numbered thirty-five (35); Lots numbered seventeen. (.17) to twenty-eight (PA),inclusive,in block numbered thirty - sight (38),inclusive; ! Lots numbered one (1) to thirty -tyro (32),inclusive IIn block numbered thirty-nine (39); riots numbered one (1) to fourteen (14),inclusive,and twenty-four (24) to thirty-aix (36), inclusive,in block numbered forty (40); Lots numbered one (1) to nine (9),inclusive, sixteen (16) to twenty-seven (27),incluaive, thirty-seven (37) and thirty-eight (39),in. block numbered forty-one (41); Lots numbered one (1) to thirty-two (32),inclusive, in block numbered forty-two (42); Lots numbered one (1) to thirty-two (32),incl.uaive,in block numbered forty-three (43); ( Lots numbered twenty-one (21),twenty-two (22),twenby-three (23),twenty-saven (27) twenty - sight (23) .%nd twenty-ndne (29),in block numbered forty-five (45); Lots numbered one (1) to thirty-two (32),iniusive,in block numbered fifty-five (55); Lots numbered one (1) to sixteen (16),incluoive,and twenty -threw (93) to thirty-two (32) inolusive,in block numbered fifty-six (56); Lots numbered one (1) to eight (6),inoluaive,anl seventeen (17) to twenty (20),inoluaive in block numbered fifty-seven (57); Lots numbered four (4) to seventeen (17),inclusive, and twenty-three (23) to thirty-nine blook numbered fifty-eiRht (5s); Lots numbered one (1) to seventeen (17) inclusive,and twenty (20) to forty (4p),inolueive ( in block numbered fifty-nine (59); Lots numbered one (1) to thirty-two (32),inclusive ,in block numbered sixty (60); ({ Lots numbered eleven (11) to thirty -,tyro (32),inolusivepin block numbered sixty-one (61); Lots numbered one (1) to nine Iinclusive land seventeen (17) block ntmibered sixty-two (62); to nineteen (1 9),incltisive,in Leta numbered twenty-two (22) to thirty-two (32) , inclusive, in block numbered sixty-three(63); Lots numbered ten (10)to seventeen (17),inalusive,and thirty k30)to thirty-four(.24),inclw Sive,in block numbered seventy (70); Lots numbered one (1) to seven (7),inclusive,sixteen (16), seventeen(17) and eighteen-(19), ih block numbered seventy-one (71); Lots numbered twelve (12) to thirty-two (32),inolusive,in blook numbered aeventy-two(72), Lots numbered one (1)to thirty-two (32),i1101115ive,in block numbered seventy-three (73); Lots numbered one (1) to thirty-two (32),inol and, usive,in block numbered seventy,four (74); Lots numbered one (1) to thirty-two (32),inolnsive,in block numbered aeventy-five (75); Lots numbered one (1) to forty-two (42),inelueive,in block nimbered seventy-six (76); All of said lots anti n i371 !'� :tnited States Mi"Arnl ^urvPY i7arc.,la of laid being situate it' Steuens and Leiter?a Subdivision of o, 2711LAka County,Colorido. ALSO, Iota numbered twenty-nine Ar{naeiz Addition to the City of Leadvill9,(29),thirty (3g),thirty-one (31) and Bixt y-aevah (67), Alate rttrmbots erAd tan rmbaran (10 ten (lO),tvreLAke Ca�tnty, lV9 (12)Colorado; late ,thirteen(13) and fourteen (14),in block numbered two (2);and ) to tAirtnerr (13),inolrrsive,and twenty (20) to twenty-five(25), inclusivs,and the west tan (10) feet of lot nlrmber9d twen+,y-e1x (26),in block numbered three (3); all in Schultz Addition to the City of Lsadvill9,T,ak9 0e11rtty,Colorado. The folloiv'tp pieoaA an4 Pnrcala of land,eitunte,lyltrg and being in Lyre County of Pitkin and orate of Celorado;and denoribed according to exiating United Staten Sin the CO my of as follows: T,oLa two (?.),in Section eleven (11),contalnirrg thirty-five Lot three (3),in a ctionon tielevnn (11),contnining and eighty-five One lrtrndredthe sores; Lot Wins (y),itt Secthirt•e9n and eighty one -hundredths (13.50Tacrea; clevan,containing acres; twenty-nine arid seventy-five one -hundredths (29,75) Lot tan (l0),in Sec!Son eleven we rap; (11),00ntairling twenty-five and nineteen one -hundredths (26.19) r,rty Norrhweat one -quarter (N•i!•'1) of the northeast one -quarter (NE (40) acres; ),R9otlon eleven (17.),rontaining Lot twenty - six (26), in Section tyro (2),0011taininp, seventeen and six one -hundredths (17.06)acra, Lot twenty-seven (27), in section WO (2),2011taining one and seventy-five one -hundredths (1.75) acroa ; All in township Lan (10) 60-thirange eighty-five (85)11eat, and aggregating one hundred aixty- threa and forty one-hundredtha (163.40) acrea,more or leas; exo9pting,however,the right of way of The Colorado Midland Railway Company through said sectionatwo (2) and Eleven (11),embracing fourteen and seventy-two one -hundredths (14.72) acrea,more or less; Also the following pieces and pArnele of larrd,aituate,lying and being in,the said County of Pitkin and State of Colorado,and de scribe d,aocording to existing United States Government Survey as follows,to-wit: • Lot sixteen (16),in Aection one (1),conteining seven and fort, one -hundredths (7.40) acres; Lot •t:renty-five (25),in Section two (2),containing one And twelve one -hundredths (1.12) acres; Lot one (1),in heotion elevnn (11), containing four anti fifteen one -hundredths (4.15),or ea; Lot eleven (11),in Section eleven (11),containing six and fifty one -hundredths (6.50)sore8; Lot two (2),IT) Section twelve (12),eontaining thirty-eight and two one -hundredths (38.02)aorea; Lot eight (9) in Section twelve (12),00ntaining twenty-nine and fifty-six one -hundredths (29.56) acres; Lot t:telvo (12),iq Section twelve (12),containing thirty-seven and eighty one -hundredths (37.90) acres; All in townshin ten (10) So•ith,range eighty-five (65) west,and aggregating one hundred twenty- four and fifty-five one -hultdtPelt 11a (124.55)core atmore or Is as; except ing,howevor,the rights of way of the Colorado MidlAnA Railway Company for its main right of way,enbraoing Bevan and twenty -Pour one -hundredths (7.24)nores;for its Newman Tunnel Line,embraoing one arid eleven one-hulidredths(1.11) aores;and for its wye,embrwcing one And thirty-six one-huridredths (1.36)sure s;aleo excepting part of that tract known as the Holden Tra°t,said part of said tract embracing three and sixty-four one - hundredths (3.64)acras;a150 excepting one and fifty one-hundradths (1.50)anreB embraced by county road ATSO the following pieces and parcels of land,situate,lying and being ill the Couirty of.-Pitkin and State of C,lorado,And dancribed,according to existing United States Government Survey, as followep to -wit: Lot three (3),r3ection twelve (12),township ten(10) Sortth,Range eighty-five (95) West,contain- iirg thirty-three and ten one-hrrndradths (33.10) acres;exceptirrg,however,two and twenty one -hundredths (2.20)acreB embraced by county road. ALSO the following pieces and parcels of land,situate,lying arid being inthe County of Pitkin and State of Colorado,and dASur ibed,according to existing United States Government Srrrvey,ae follows, to -wit: Lot seven (7),in•"ctiOnn twelve 12) containing five-a9vetfty and forttrn heaehOnG-hundredthB Lot nine (9)r� Section twelve (l..),00ntaining twenty- Y- . (27.43)aorea; and Lot ten (10) ill Lot thirteen,(13)epin iSection on vtrre lve�(12)contecontainingining rrthirty-nine and aninety-two oaehhundredthsraf (39.92)acres; 9outhweat one -quarter (Sw�) of the Southwest one -quarter (94/�),SBOtiort twelve (12),aontairring fonty (40) acres; Lot ajxteen (16),in Soot ion eleven (11),ohttaining(ninetytons aggregatirt600ne h�mdred'twenty All in' township tan (LO) 9orrth,range Sig Y- and ninety-eight one-hundredths(120.9A)sores; except ing,however ,rigttt of way for main track of The and ninerado Midland Railway CampanV,embrecing fourteen (14) acres,end right of way for that oertain el r spur track of said Railway DomPanY known ss art ofthe wthatan Tcertain xtract oknown AS the oHolden Trne and aaty one -hundredths (1.►lo) aores;also excepting p embracing sixteen arid thirty-six one-hundredtha (16.3-nine p;alao excepting that certain tract known as the North Texna dill-r,ite,smbraoin5 t.ro and twenty-nine one -hundredths (2.2r4)acrea;also excepting sixty-eight one -htrrtdredths (0.6p,) of an Sure hO78thuddredtlrnre t(1.30)ed to �aorBSIambrao d byvid R.C.BrOwn rcou�tty road for a pipe Line;also excepting one and thirty and also excepting that certain tract known As heElectrilan'd,�situate lyingaand gbeing 2inathe aCITY OP ALSO, the following described 'lots arrd percaASPEN,County of Pitkin and :state of 0)1•oradolto-writ: Destre Street,in said City of Aspen,said point 1eginning at a point on the sortherly paid Doarte Street from the southwest being fifty-one and five -tenths (51.5) feet weStorly alonger corner of )hinter Street and Said ,e.ne :itreetleBroLoewesterly Baia reaneaStreetthe oneSouth hundred twentyf fonrttartdtreet sixty (60) teet;tlrencs southerly ,tti rightangfifty^nine ( -9) feet to a point seventeen and five -tenths five -tenths (124.5)feet; thenne east by opt maraud 3-jgou south fife northerly aL right angles�o said Deane Streetone (17.5) feet west fromm a P lace of, beginning - hundred fifteen and five-tidntlrc (115.5)-three°(23),Uts Addition to the City of Aspen,Pitkin Colurty, Lots numbered One (1) and twenty- 1 08, Colorado. instrument dated the fourth day of Bobruaan 9 ALSO, all caster rights herct>fore,to-wit,by aryl reoordet� in Sook Viet pages 210 to 212,inalusive,of the recordp of the count of Pitkin err Charles 11. State o.f Colorado,Conveye,l by mhomdesOribedClarproperty; ituatsk to prank Ulying ll dan+ei►tg in the lCounty ,frTaller ALSO, all of the following IJt ,snd fltate o" Colorado,to-wit: " tY.,i n•�_tl.eaot quarter of aeation ' l All that portion of the Tlorth'A9Ft q'jerter o(::EQ) t four (4),townahip thirteen (lj) aoilth,raliae rixty-nine (69) :.'nt of the Sixth Principal Meridian, which lies south of aline drawn parall�.'. to and fifty (Ea) r^et southerly from the center line of the railroad of The Colorado 11idland Railway Company,119.%s lrnd i.t rii?':t angloa thoreto;said above rleacribat li piece or parcel of land containing fifteen and firty-e1Kht •nje-hividr-dtha (IS-5Fi) aoren,more or lean, Also, all that portion of the northeast q'iartnr (11KI) of the northeast quarter (W14) of sec. tdon four (4),township thirettn (13) south,rnnAe sixty-nine (69)west o' the :31xth Prinoip..l Meridian which lies south of a line drawn para'.1•al to and rifty (59) fopt soxthgrly from the center line or th ailrosd oY The Colorado :tidland Railway Canpany,maasure'1 at right adtrlee thereto;aaid above des-: orlbed piece or parcel of land containing sovan and 0101ty-four one-hnn4redths (7.ti4) acrea,more or lean. TO HAVE AND TO HOLD the same,together with All and singular the tenements and hereditamenta, and privileges and appurtenances thereunto l,alonginq or in ally wiss appertaining and all the estate rigjit, title, interest, claim and demonl whatsoa'ver of lain parties of thn first part,as trustees, as aforessid,tD dhid party -of the Btaond part,ae'trustne as nforesaid,and to his aucceasore in trust forever. IN WITNESS Wi1F.RF;0F,the said parties of the first part have hereunto set their hands and seals the day and year first above written. DAM11, Yl TARD,Trustee.(S,9AL) CIIAHLFi3 U.SCHLACKB,Truate$.(FgAQ To Mr. Daniel Willard and Mr. Charlea 11, Sahlacko,Trusteas: please execute the foregoing Deerl)aonveyin,l the property therein described. to Henry T. Rogers, Trustee. T:IR COhORADO 0IDLAlIG RAILWAY CD:APAt1Y, By .>,W.Valtery .snorai Manager. STATE OP MARYLAND: ) ra. City of Baltimore: I, Oeo.W.Haulenbeek,a Notary Public in and for said City of Baltimore,in the State aforesaid,do hereby certify that Daniel Willard,who is personally known to ms to be the person rvboae name is subsoribed to the foregoing deed,s,,peared before me this day in person,and Acknowledged that he signed,aealed and delivered the said instrument of edriting as his free and voluntary aciand deed,for the uses and puuposes therein set forth. Given under v'y hand••ndl notarial ssal,thie 27th day of April A.D.1910. t I.I.y commission expires May '1,1910 Geo.W. Fiaulenbook, Rotary Public. state of Colorado } r3S. City and County of Denver.) I, James Correy, a ,rotary P-iblia in and for saidAColulty of Denver, in j the State aforesaid, do hereby certify that Che.rlsa H. 6chlacks, who in personally known to me to be :he person whose lame is subscribed to the foregoing dead, appeared before me this day in person, and acknowledged that lie signed, sealed and deli•:ered the said instrument of writing no his free and voluntary act and deed, for the uses and purposes therein net forth. Given under my hand and ,iotarial seal, this 18th day of April, h.. D. 1h10. , WY Commission expires March 5th, 1911. / * James Correy ,: 11oLary P,lblic, April 14 1910. ' Approved as to form Henry T. Rog•1ra General Solicitor. ---------------------------------------------------------------------------------- 6TATF] OF COLORADO,) 139 County of Pitkin. ) PAInd fo: record at 3.,io )'Clock P. it. '1.11 15th, 1910. 10. Jas. 41. 1'eth8rly - ''e order 0 I D D. No.75229. -- THIS INDFNTURP., ;.fade and entered into this second day of January, in the year of our Lord one thousand nine hundred and twelve (19.L2), by and between HENRY T. ROGERS, of the City and County of Denver and State of Colorado, Trustee, party of the first part, and u.F:OROF; Ff. VALLFt?Y, of the City and County of Deliver and State of Colorado, andCHPofSLh. eecbACK91ond rOf VlITN[•:Sthe L(✓ (%rid Co•,nty of San Frarloieco, and State of California, Trnsteee, parties of h That said party of the first part, for and 1n consider&tiOn of the parties oftheOne Dollar , (,,1.0o), lawful mono of the United Htutas, to him in hand paid by P part the receipt whereof is hereby confessed and acknowledged, and other good and valuable Cons Idarations, hall granted, bargained, sold, remised, released an,l forever quit -claimed, and by thekse presents does grant, bargain, sell, remise, release and forever quit-olnim, unto thn said parties of the second part, all Trustees, and their successors in trust, forever, all the rig)lt, title, interest, claim and demand of any and every nort and doacrlption whatsoever, which euid party of the first part her in and to the following described property, to -wit: The following lots and parcels of land, situate, lying and being in the City or Colorado Springs, El Paso County, Colorado, to -wit: Lots numbered two (P_) to eight (9), inclusive, eleven (11) and thirteen (13), in Block numbered two hundred and sixty-three (263); Lots numbered three (3), four (4), thirteen (13), fourteen (14), in Block numbered two hundred and sixty-six (266); T,nta numbered six (6), seven (7)r eight (g), twenty -One (21) tad twenty-two (22), in block numbered two huuudred and sixty-nine (269); The west half MIA) of lot numbered five (5), and lots numbered six (6), seven (7), eight (A), twenty-five (25), twenty-six (26) and twenty-seven (27), iru Block numbered two hundred and seventy-two (272); Lots numbered four (4), five (5), six (6), and nine (9), the east fifteen (l;') feet of lot numbered ten (10), lots numbered twelve (12) and thirteen (13) and Lute numbered twenty-two (22) to thirty -tyro (32), both inclunive, iru block numbered two hundred cud seventy-five (275); All of said lots and parcels of land being situate Sn ADDITION No,l to the City of Colorado Springs, B1 Paso County, Colorado. The following lots end parcels of land, situate, lying and being in the Town of Nanitou, El Paso County, Colorado, to -wit: Lots numbered eight (8), nine (9), twelve (12) to teventeen (17), inclunive, and twenty- three (23), and that part of lot numbered eighteen (18) riot heretofore conveyed to N,A. Bell by J,J,Hagerm..n, in Block H; Lotehumbered thirteen (13) to twenty (20),inclusive, excepting those portions conveyed to The Colorado ldldlhnd Railway Company by Oscar Bunks, Trustee, and excepting that portion of lot numbered thirteen (13) heretofore conveyed to the Denver and Rio Grande Railroad Company, in Block P; Lot numbered six (6), in Block numbered seven (7), Manitou Iron Springs Addition. ALSO the following described lots and parcels of land sitvnte,lying and being in the CI'f_y OF LEADVILLE, County of Lake and State of Colorado, to -wit; a Lots numbered twenty -tour (24) to thirty (30),inclusive ,in block numbered eleven (11); Lot cumbered twelve (12) in block numbered fourteen (14); Lots numbered nine (9), ten (10) eleven (11) and twelve (12), In block numbered sixteen (16); Lots numbered one (1) to thirteen (13) inclusive and eighteen (18) to thirty-four (34), inclusive, in block numbered eighteen (IS); Lots numbered seventeen (17) to twenty-eight (28), inclusive, Sn block numbered nine- teen (19); t Lots numbered Otte (1) to thirty-four (34), inclusive, in block numbered twenty-three (23) Lots numbered five (5) to twenty-five (25),inclueive, and lot numbered twenty-elght (28) in block ntimber•ed twenty -tour (24); Lots numbered eighteen (18) and nineteen (19) in block nembnred thirty -Iota (34); Lots numbered sixteen (16), nineteen (1.9) to twenty- one (21),Snclueive, and twenty- four (24) to twoltty-aeveru (27)inclusive , In block numbered thirty-five (35); Lots numbered seventeen (17) to twenty-eight (28), Inclusive, in block numbered thirty-- eight (38),irtoluelve; Lots numbered dne (1) to thirty-two (32),Snolusive, in block numbered thirty-nine (39); Lot& numbered one (1) to fourteen (14), inclusiva, and twenty -Lour (94) to thirty-six (36), inclusive, in block numbered forty (40); Lots numbered one (1) to nine (9) inclunive, sixteen (16) to twenty-seven (27) 1nelusivq thirty-neven (37) and thirty-eight (38), in block numbered forty-one (41); 'iota numbered one (1) to thirty-two (32) inclusive, in block numbered forty-two(42); Lots numbered one (1) to thirty-two (32) , iholusive In blook numbered forty-three (43); Lots numbered twenty-one (21),twenty-two (22),tw'enty-three (23),twenty-enven (27), twenty-eight (28) and twenty-nine (29),in bl•,ck numbered forty-five (45); Lots numbered one (J) to thirty-two (32),171clunlvo,in blook numbered fifty-five (55); Lots numbered one (1) to sixteen (16),InOluaive,•and twenty-three'123) to thirsty -two (3?)Iinclusive Iin block numbered fiftyveix (56); Lots numbered due (1) to eight (P,),Stncluslve cost oovonteen (17) to twenty (20),inclusivs in block numbered fifty-neven (57); -Lots numbered four (4) to seventeen (17).lucl•,sive, and twenty -throe (23) -to thirty- nine (39),incluslve in blook numborad fifty-eight Lots numbered one (1) to seventeen (17), inclusive, and twenty (20) to forty (40) inclu- sive,in block numbered fifty-nine (59); Mots numbered one (1) to thirty-two (32) inclusive in b lock numbered sixty (60); Lots numbered eleven (11) to thirty-two (32), inclnelve,ih block numbered sixty-one Lots numbered one (1) to nine (9), inolusive and uevent"ern (17) to nineteen (19), incluuelve,in block numbered sixty-two (62); Lote numbered twenty-two (22) to thirty-two (32),inoluelve, in block numbered sixty-three. (63); Lots numbered Leh (10) to sevnnteen (17),inclueive,nud thirty (30) to thirty-four (34)1 irnolusive,in block numbered seventy (70); Lots numbered one (1) t+ovon (7)Oriolunive sixteen (16),aevunteen (17) and eighteen (1�� in block numbered seventy-one (71); Lots numbered tweLve (12) to thirty two (2h iulolusive)in block numbered seventy-two (721, Lots numbered one (1) to thirty-two (;S^),inel.ueivo ill block numbered nevertty-three (73) Lots numbered one (1) to thirty-two (;h") irdlunivo In block numbered seventy-four (74) and Lots numbered one (1) to thirty-two (32),irtglnnive,ill block ndntbered severity-five(75) Lots numbered one (1) to forty-tNo (0),iltolltniveAll block tdmbered neventy-eil (76); W3IH� r 457 L All of said Iota and parcels of land being situate in Stevens and Leiter',o Subdivision of United Staten Mineral Survey No. 271, Lake County, Colorado. ALSO,lots numbered tvrerity-nine (29),thirty (30), Thirky-onb (31) and sixty-seven (67) Agaseiz Additiio50toltot6 City of Leadville, lakn County, Colorado; r numbered Len o10), twelve (12) thirteen (13) and foams an (14),in block numbered two (2); and note numbered ten (10, to thirteen (1,3)9 inclusive, and twenty (20) to twenty- three ((3),all In iSc and Addti.e west ten (10) feet of lot numbered twerity-six (26), in block numbered titres (3) all Sn Schultz Addition to the City of Lesdvllle, Lake County, Colorado, The following pieces and pa�oele of litnd,sitnate,lying slid being in the County of Pitkin and State of Colorsdo;and described according to exietltig United States Govarruneht Survey an follows; Lot two (2),Sn Section eleven (11), cbrrtaininq thirty-fivo and eighty-five one - hundredths (35.05Z acres; j Lot three (3),in Section elev acres; an (11),containing thirteen and eighty one -hundredths (13.80) Lot nine (9),in Section eleven (11), containing twenty-nine arid' seventy-five one-hun - dredthe (29.75) acres; Lot ten (10),in Section eleven (11) (25.19) acres; containing twenty-five and nineteen one -hundredths Northwest one-quartor (N,W,})of the northeast one -quarter (N,H,q) Section eleven (11) oontoinAng forty (40) acres; (17.06) scree; Lot twenty-six (26),in Section two (2), containing seventeen and six one -hundredths Lot twenty-oeven (27) in Section two 2 s ( ), containing urns and aevetiLy-five one-huitdredt ha (1.75) scree; All iu township ton (10) South, Range eighty-five (S5) West, and aggregating one hundred sixty-three and forty one -hundredths (163.40) acres more or leas; excepting, however, the right of way of The Colorado Midland Railway Company through Sections two (2) and eleven(ll), embracing four'- teen (14) and seventy-two one -hundredths (14.72) aorea,more or lose. ALSO the following pieces and parcels of lnnd,situate lying and being in the said Conroy 1 of Pitkin slid State of Colorado,and dencribed,m000rding to existing United States Government Survey an follows,to-wit: ,' Lot ei:cteen (16) in Section one (1),c011tairting seven and forty one -hundredths (7.40) aaK3 Lot twenty-five (:'5),in Section two (2), containing one and.twel.ve one•rhundredths (1.12) aurae; Lot one (1), Lr Section eleven (11), containing four. and fifteen one -hundredths (4.15) scree; Lot eleven (11),ir.S8atioa.elevert (11), containing six.and fifty one-hundredthe (6.50) acres; Lot two (2), in Section twelve (12) conte.ir_ing thirty-eight and two one-huridrodtlis (3Fi.02) bores; Lot eight (S),in Sactiori twelve (12),containing twenty-nine and fifty-six one-hun- dredthe (29.56) acres; Lot t elve (19) 11), Section U'10lve (1.2) cont ninig thirty-seven and eighty ate -hundredths (37•90) acres; All Ili toentehip ten (10) South, rarige elghty-five (35) West, nud aggregating one htundred tt(enty-four and fifty-five one-hundredths(1?.4.55) acres, moro or 1e5e;exeeptirig however,the rights of way of Tile Colorado Midland Railway Com.NrW for its main right of way, embracing seven and twenty-four one -hundredths (7,24) acres; for its Newman Tunnel Line, embracing one and elevetl ono- hu,:dre,ltho (1.11) acres; and for its trye,embraoing oils and Lhirty.-six one -hundredths (1.36) acran; also excepting tort- of that tract known as the Holden Tract, said part of said tract embracing three and sixty-four one -hundredths (3.64) acres; also excepting'one and fifty one -hundredths (1.50) acres embraced by county road. Alec the following pincer earn parcels of land, situate, lying and being Srt the County of Pitkin and State of Colorado, and described, according to existing United Staten Government Survey, i as follows, to -wit: Lot three (3), Section twelve (12), township tell exeeptingnhowayerttwoiend(85) twenty Weet,containing thirty-three arid ton one-hnndrodthe (33• ) one -hundredths (2.20) acres ombraoed by county road. { ALSO the tollAwing pietas acid parcels of laird, situate lying and being in the Courity State of Colorado, and deeoribed,aocording to existing United States government of Pitkin and Survey, as followo, to -wit: Section twelve ryr elve (12),coaining five and fifty urns -hundredths (5.50 Lot seven (7), in ) acres; Lot nine (9), iri Section twelve (12) containing twenty-seven and forty -throe one - hundredths (27.43) acres; in Section twelve (12), containing seven arrd twenty-three one -hundredths Lot ten (10), (7.23) acres; ln twelve (12), containing thirty-nine and ninety-two urns- g Lot thirteen (13) in SecLo hundredths (39.92) acres; of the southwest one (S.IY,q)Seotion twelve (12), Southwest one -quarter (S,W,%i) of all j containing forty (40) acres; LbD sixteen (16) 1n .5eotion eleven (11) containing ninety oine-hurndredLhe (0.90) acre ; SouLeleven eighty-five (85)West, and a)%regatitig one hundred All in township ter' (10) acres; sxsapting,hor)ever.right of way for maim track io of L one-hundredthhs (e20- 90) g fourteen (14) aoras, and right or way for that car- twentyand ninety- Hh Comp nY, of The Colorado Midland Railway Company known As the NBWieen Tunnel certain tract known as one Holden and taln spur truck of saidlRgolrocrCompany exoepLiriB part of that certain tract known as the certain eighty ono-hundredthe ( seise; oleo excepting that certain tract eightyembrsoing sixteen and thirLY-six one -huh osend twentynine ona-hundredths (2.29) aar•ss; also for embracing ! known as the !north Texas i.Sill-site, (0.68} of an sore ltereLofore granted t( Di ids s;gembraas by -_ excepting sixty-eight one -hundredths j right-of-way for a pipe line; "sooxeertslrgi tract know" as the CleottiohLight Trnot,embraoing two county road; and also excepting that (2) scree. described note and parcels of land,eitnrate,lying and tieing in the the following `wit: of Aepen,oaid ALSO, and State of Colorado,to CITY OP l,SPI•:N, county of P,itpolnt On the southerly side of Deane, said Deane sStreattfrom the aiuthweet Ueginning tenths (51.5) feet westerly along the southerly Bide of Deane Shree point being fifty-one and flnaid Deane Strpet;thence westerly corner of Hunter Street and sixty (60) feat; thence southerly at right nnr!lee to Paid Leane street One h'uldrsd twenty-:o,ir and five -tenths (124.5) faet;theuoe east by douth fifty-nine (59) feat to a point seventeen and five-tentr,3 (17.5) feet west from a poet marked 3-3F�85; thence northerly at rl ht angles to said Deane Street one h,tndred fifteen and five -tenths (115.5) feet to the place of beginning. Lots numbered one (1) and tw-my-thrOo (23), Ute Add_tion to the City of Aspen, Pitkin County, Colorado. ALSO, all water rights hereto fore, to -wit, by instrument dated the fourth day of February 1938, and recorded in B.ok V, at pa Sea 210 to T12,inoluaive,of the records of the Co,hty of Pitkin and State of Colorado, conveyed by Tho as 0. Clark to Frank Trumbull and Charles H. Sohlacka, as true- teea. ALSO, all of the following described property,sltnate lying and being in the Co:tnty or Teller and State of Colorado, to -wit: All that portion of the northwest quarter (N.N,w) of `,he northeast (N.E.4) of Section four (4) township thirteen (13) eo:tth,range sixty-nine (69) west of the Sixth Principal Meridian, which lies south or a line drawn parallel t6 and fifty (50) feet southerly from the center line of the railroad of The Colorado midland Railway Company, me% aura at right angles thoreto;said above described p6ece or parcel of land containing fifteen and fifty-eight ono-hindre3the (15.53) acres, more or leas. Aleo,all that Portion, of the northeast quarter (;1.E..i) of Llle northwest quarter (N,Yi,Z1) o� Sdotlon foub (4), township thirteen (13), south range mixty-nins (69) West of the Sixth Principal ,deridian,Wtiin4 lies south of a line drawn parallel to and fi fty (50)feet southerly from the center line of the railroad of The Colorado ldidland Railway Company,meaeured at right angles thersto,said above described piece or parcel of land oo.,taining coven end eiShty-four one -hundredths (7.84) acres, more or lees. TO HAVE AND TO HOLD the r.,uee,togother with ell and singalar the tenements and herodlta— merits, and privilegae and appurtenances therelinto bel6nging or in any wise appertaining,and all the estate ,ripj:t,title, interest, claim and demand whatsoever of -said .,arty of the first part,as tr,tetee,as aforesaid,to said parties of the second part,ns trustees as oforesaid,aud t6:.thelr successors in trust forever, IN WITNESS WHEREOF, the maid party of the first part has hereunto set hie hand and seal the day and year first above written. Henry T. Rorrere. '!`ruetoe, (SAL) TO IRt. IENRY T. ROGERS,• trustee: Pleane oxecuto the foregoing Deed, conveying the property therein described to Georgo W. Vallery and Charles 11. Schlacke, Truntnen, THE, COLORADO MIDLAND RAIL11•AY C014PAIIY By R.W.Vallerx Prno-idofit. STATE OF COLORADO, ) ) SS. City and County j of Denver. I, Charles I, Hawthorne, ,t Notary Public in and for said City and County,in the State aforeeaid,do hereby certify that H;NRY T. ROOERS,who is personally known to me to be the person whose name is subscribed to the foregoing deed,appenred before me this day in psra6n,and acknowledged that he aigned,sealed'and delivered the said instrument of writing an his free and voluntary act I} and deed,for the uses and purposes thorein sat forth. fGiven under my hand and notarial eeal,thie 2nd day Of January, A.D.1912. My commisnlon expires Sept 11. 1912. 'l'VclS Chwr).ee 7. Ilawt;hdrnp� Notary Public. . 10 - 10 1911. Approved as to Form. Henry T. Rogern General Solicitor. --------------------- ------------------------ --------------- ------ -- Filed for record F:t 11.20 O'clock A.M. February 2nd. 1912, Jas.91. llebherly, Recorder. I • ----------------------------------------------------------------------------------------------------- }cord Ono�:hou-. the City and rly of tbCit itq of Ch%tery 1ruY Y O 711 any, etor referred it Paso. Stato inty Cf IDonver, 191E, s 4or !Cbe n said dood on said last whereiu and said coal ^r described i would contia� Lora liidlnnd On aesigna 11, did, jointly iiailKay 01, a,�q eatatc, or a iQb dland id The Colorado ro• and tr of Court 16, in which Sande is i arc defend- vit, DOeow or and all its thoro0f; and intral 'i'rust all proportr (Oracles a entered in d In saidtt ap].innon L estate in 7 reepoot ring said 111 inter- s in said In said tart' ordor, n sfdd supplemen 3sorge W. ieroin was ; the real )art S. "Y approved, i eaid causal uld make, o bim all einabove ure from itle to Caid The i ; said. 1 pert S ,o and ,reenid, ,aid by 'Ad urobaee aged, 11, OOnvO, j forever, io first Istate, in the ) the City u Coen (18) bl6ok onty-two Ix !6), . in Ciftoen ) iJ slid ibarod 49 All of eaid lots and parcels Of land being situate in ADDITI011 11o.1, to the City of Colorado Springs, E1 Paso County, Colorado. The following lots andparoole of land situate, lying and being in the Town of Manitou. 1 Paso County, Colorado, to -wit: Lots numbered eight (8), nine (9), twelve (12) to eeven-teen (17j, inclusive, and twenty-three (2b), and that r:.rt of lot numbered eighteen (18) not heretofore conveyed to W.A.B011 by J.J. Hagerman, in Block 1S; Lots numbers& thirtoon (13) to twenty (20), inclusive, excepting those portions conveyed to The Colorado _:idland Hailaey Company by Oscar Bunke, 'Arusteo, and excepting that pori:ibu:of lot numbered thirteen (13) heretofore oiflveyed to The Denver ■nd Rio Grande Railroad Company, in Block P; Lot numbered six (6), in Block numbered eeven (7), Manitou Iron Springs Addition Also the following described lots andpproole of land situate, lying and being In the CITY OF LEADUMLE, Count of hake and State of Colorado, to -wit: Lots numbered twenty-four (24) to thirty (30), inclusive, in block numbered eleven (11); Lot numbered twelve (12), in block numbered fourteen (14)• Lots numbered nine (9), ten )30), eleven (11), and twelve (12), in block numbered sixteen (16); Lots numbered one (1) to thirteen (13). inclusive',. and eighteen (18), to thirty-four (34), inclusive, in block numbered eighteen (18)- Lots numbered seventeen (17) to twenty-eight (26), inclusive, in block numbers& nineteen (19); Lots numlbered one (1) to thirty-four (34), inclusive, in block numbered twenty-three (23); Lots numbered five (5) to twenty-five (25), inclusive, land lot numbered twenty-eight (28), in block numbered twonty-four (24)- (34); Iota numbered eighteen (18) and nineteen (19), in block numbered thirty-four Lots numbered sixteen (16), nineteen (19) to twenty-one (21),'inclusive, and twenty-four (24) to twenty-eeven (27), inclusive, in block nymbered thirty-five (369 Lots numbered seventeen (17) to twenty-eight (28), inclusive, in block numbered thirty-eight (38) inclusive - Lots numbered one (1) to thirty -tyro (32), inclusive, in block numbered thirty-nine (39); Late numbered one (1) to fourteen (14), inclusive, and twenty-four (24) to thirty-six (36), inclusive, in block numbered forty (40); Lots numbered one 11) to nine (9), inclusive, sixteen (16) to twenty-seven (27), inclusive, thirty-seven (37) and thirty-eight (38), in block numbered forty-one (41); Lots numbered one (1) to thirty-two (32), inclusive, in block numbered forty-two (42); Lots numbered one (1) to thirty-two (32), inclusive, in block numbered forty-three (43); Lots numbered twenty-one (21), twenty-two (22), twenty-three (23),twenty- eeven (27), twenty-eigbt (281, and twenty-nine (29), in block numbered forty-five (45); Lots numbered one (1) to thirty-two (32). inclusive, in block numbered fifty- five (66); Lots numbered one (1) to sixteen (16), inclusive, and twenty-three (23) to thirty -tyro (32), inolusiTa in block numbered fifty-six (e6); Lots numbered one 11 to eight (0), inclusive, andseventeen (17) to twenty (20) Inclusive, in block numbered fifty-seven (67)' Lots numbered four (4) to seventeen (171, inclusive, and twenty-three (23) to thirty-nine (39), inclusive, in block numbered fifty-eight (68); Lots numbered one (1) to seventeen (II), inclusive, andtwenty (20) to forty (40), inclusive, in block numbered fifty-nine (69); Lots numbered one (�) to thirty-two (32), inclusive, in block numbered sixty (60); Lowe numbered eleven (11) to thirty-two (32), inclusive, in block numbered sixty-one (61); Lots numbered one (1) to nine (9). inclusive, and seventeen (17) to nineteen (19), inclusive, in block numbered sixty-two (62), Lots numbered twenty-two (22) to thirty-two (32), inclusive, in block number - ad sixty-three (63); Lots numbered ten (10) to seventeen (17), inclusive, and thirty (30) to thirty- four (34), inclusive, in block number�a seventy 170); Lots numbered one (1) to seven 7), inclusive, sixteen (16), seventeen 117), and ei hteen (18), in block numbered seventy-one (71); ote numbered twelve (12) to thirty-two (32), inclusive, in block numbered seventy-two (72). Lots numbered one (1) to thirty-two (32), inclusive in block numbered seventypthree (73); Lots numbered one 11) to thirty-two (32), inclusive, 1n block numbered eevonty-four (74); Lots numbered one (1) to thirty-two (32), inclusive, 1n block nymbered seventy-five (7ty); and Lots numbered one (1) to forty-two (42). inclusive, in block numbered seventy-six (76)• All of sAi& lots and palroels of land being Actuate in Stevens and Leiter'e Subdivie4on of Units& States Mineral Survey No. 271, Lake County, Colorado. ALSOlots numbered twonty-nano (29), thirty jab ke Countythirty-one (3l) and sixty - Lee AL , SO, Iota numbereditont(10), twelvethe Oitf(12), thirten(13) and�Oolorade fourteen114), in block numbered two (2); and lots numbered ten (10) to thirteen (l3), inclusive, and twenty (20) to twenty -dive (26). inclusive, and the west ten (10 feet of lot numbered twenty-six (26). in block numbered three (3I; all 1n Schultz Addition to the Oity of Leadvllle, Lake County, Oolorado, The following pieces and paroele of land, situate lying and being in the County of Pitkin and State of Colorado; and described according to existing United States Govoriunont Burvoy as follows: Lot (2), in Section olevon (111, containing thirty-five and eighty-five ono -hundredths (36.06) acres; 1 510 cri olghty ono-htatdroa. ' In ;ratio: <ltr '' :ot t'rroO (�I, carat; ec•rtnisln t .crtg-nk.0 and asvoatp-Si-ra :;at nine 19), in ..ratio. o1_„-an I11), ono-hnndrod'be 1s4,70 4oror, s t Out9-YivO and nWotoen one- Lot othton (110� inrneot]on sloven (11), con.ainW. rorthaotatontainnytiorty�(,0) °°rte� northeast ono-ouertor (n,E.;), Section eleven (11), in SeOtlon ts•�o fE), aotttainina eovontaen and cis ono -handfed=. Lot twenty-ax (26), the (17,06) Sorge; Lot twrontq-seven (27), in Srotion two (2), °ontalninp one and sfeveaty- ire ono y : hundredths (1.16) acres; All in township ton (10) South, ;inn^o al^ht;-livO (8h) uOat, and aggzottating ono hundred eirtq-tar°° and Sort ono-hundrodthe 163,40) acres Orb Or lasts= ezocpt`: i ing, however, the right of way Of The Colorado t:idluna .:lilvlsy �OcrarlY through Suctions two (21 and elation (11). o�braoinr !Ourt'OR (14) 'Rd ravanty-two one-hundradtisa i (14.72) acres, ;•ore or lean. 'said Countyaof FitiinnKnd Stateaof col°radoaundanacoribed, acosrdinic tobexiptiygthe United States Government 5urvoy, as t0110ws, to -wits e Lot sixteen (16) in be°tion one (11, aontaininc Doven and forty one-hundradthe (7.40) acres; Lit twenty-five the (1.121 eo(P.6), in Section two (2), containing Ono and Lot (1) t"noira oah-hswdrod= .i t one (1), in Section sloven (ll), oontnining four and Yiftaen ano-hundradthe ..'• (4.16) sores; Lot eleven (11), in Section eleven (11), oastoininr six slid fifty ona-hundredths (6.60) aoroa; Lot two 10, in Section twolve (1h), oontaininp t'nirty-cir'ht and two Oho-littadred Jthe (88.02) acres• j Lot eight (8(t, !n Section twelve 112), oontainina twonty-nitro and fifty-aiX Ono- ihunaredthe 129.66) earoe; (; Lot twelve (12), !n Sootion twelve (1L•), containing thirty-Lsovon and Dighty One- hundrodtbe (37.80) sores; All in township tan I10) 8osith, rsnpe ei•:aq-five (8h) zont, and aggregating ( One hundred twonty-four and difty-five ona-hundredthe 1124,b6) aoree, tiara or loan( excepting, however, the rights of way of The Colorado )iidland Raili7ey Ooalpalzy for its main right of way, ambracing coven and twonty-four ono-hundrodtha (11.24) 80roe; j fox its 1)owman Tunnel Line, embraoint' ono and eleven ona-hundradthe (1.11) actee; �1 and for its wyo, embracing ono and thirtq-six ono-bundradt)ts 41.36) 40ros;d1So OX. laepting part of that tract known at the $o'don rant, enid part Of acid trao't e^;brao- s;l; ing three and sixty-four one-handrodthe 15.64) scroll; also oxo0ptin9 pna and fifty IY one-hundradthe (1.60) acres embraced by nounty road. ALSO the following pieces and paroole 0f land, Cituata, lying and boing in the ;•r County of Fitkin and State of Colorado, and doeoribod, a =lording to oxiating United States Government Survey, as follo;ve, to-tvit; :,J;. Lot three (3), Section twalvo 112). towmehip ten (lC) South' l(atida eighty-fiYo s (B6) "lest, ooatainiag thirty -throe and ten ona-hundradthe (33.101 aoree; exoopting, however, two and twenty ono-hundradthe (2,20) earns anbraaad by county road. ALSO the following hleoes and parools of land, eit,nto, lyinp and being in tha •U',ri County of Fitkin and State of Colorado, and des,or4bod, sogardinp to oxinting Uni'bod +' States 0ovornmont Survey, ae follows, to.t�it; °(�tt• Lot seven (71, in Section twolve (12), oonteininr five and fifty Ono-hundr8dtbtt "Ps (6.b0) aoree; Lot nine (9)in Section twelve (18), oontalning tv+Onty-aevan and �Ortq-three ,f one-hundradthe (87.43) acres; ( 1 Act ten (10)), in Soo4loa twolve (12), oonta]nin� poven and twonty-three bn0- hundredths (7.M) acres. F; Lot thirtoon 113 , in Ssotion twelve 112), eontalninr• thirty..nino and ninety-two ' �. ona-hundredths (39,92i sores, ( e (12). contain ona-quaxtar of the couthwioot ono-quartor in Bastion twelve t of eeint) Poxtq (40 aoree; Lot sixteen (16 (0,90) of an aorot 1' !n Bootion eleven (11). contoinitLt ninety Ono hundredths 11 in township ten (10) South, i, P ivo (8f)) ito0$, and a hundred twenty and ninot _ au.e aisthtl1yy right of way for main tracklox:,heo0a_loradot.idland �lnilwn COm )!+ spa Ogating one teen (14) aaros, and ripht of way hi ( 8 ao�0a;xoe t , OtrgYOr, known as the Bo4an +unnsl RAtoneion h*+4acertainpspur Oi.ht Ong, Ralivring iour- acres; also cxoe tin Iur truck of acid Railvray Ooazpanv Sixteen ano h U part of that certain tract kno"flt aqr y e hundradthe (1.80) and known ns the forth-eoX6enlaiilndrodtho 116,36) sore e• �h0 Ho ,den xxaat, ambracing• cores; also excepting six o11t0, c:;brpoinr two undateenLyQninononthat o Mwdradthe (Endo) 10 David R. 0. Dtown for right Rht one-hundradthe (0.68) of an care hprptpforq incanted Y tract known as (1;30) aoree ambraa d byxOo�ipa-lice; also ox0opting ens alai shirty O, as the ()... rio Lirht Tract, ombr4oin °d1 and also excepting that, oertain ALSO, the Pollo:wing decuribod r two 0 in the OIiy ON Amu. Count lots and parools of an °prig, Beginning at a y of Fitkin and a land, Oituato, lying and being said pOint bean "="feint on the southarl sate °f Colorado, to -wits Street:frbin their y °°a aad five_ y aide of Donne 8traat, in said Oity of Aspen, Southwest corner of gutter 3trnuti toot keetarly along said !=Sena li along the southerly Side df et S and said Donne 8troet• thOnoe Vaster- ght angles to said LOpne street ano tweet sixty (gp feat• those east by south sift one hundrod t"rsnt ) foot; thano0 tsogthorly At Deane feet "vest xrom a poet y Wins (bu) 1'eot to y-"cur end fivq-tonthil (12g.ti) Deane Street one hundred fittoenkan 3-388b• n point aOYontosn and Sine-tontho Lot, n and five th°°0p nortrorly at right ntu;les to said watered one (1) and twonty-threoenths (116,b) "pot to Fitkin County Colorado, ALSO (L3). Ut0 Addition the lslaoo of beginning. FObruar all water rights herotofoxo to tha City Of deponr y,�1908, and recorded in Book Y� at wit 3 of the county 'a . , b in°tru-MOnt date Trumbull and q Atkin and Stat'o of ColoxaPureb210 d the fourth day of ALsO harias H• 80hlaoa as ; sOnvo�o4lb, inoluoivo, Oi the r000rda County If'P lloor tho 1:01lo.ing. ruets,a, J +home 0. Olhrk to Swank and I;tuto of 6010rado, % property, situate, lying end being in the to-1Vit; 51 All that portion of the northwest quarter (11.-.1/4) of the northeast (N.E.1/4) of section four (4), townebip thirteen (i3) south, range sixty -none (69) west of the Sixth Prinaipal Meridian, vbioh lies south of a line drawn parallel to and fifty (60) goat southerly from the center line of the railroad of The Colorado Midlaud hallway Company, measured at right angles thereto; said above described piece or parcel of lard containing fifteen and fifty eight one -hundredths (16.68) acres, more or lose. Also, all that portion of the northeast quarter (II.E.}) of the northwest quarter of Section four (4), townkhip thirteen (13), south range sixty-nine (69) West of the Sixth Principal Meridian, which lies south of a line drawn parallel to and fifty (50) feet eouthorly from tho center line of the railroad of The Colorado Uldla Compapy, measured at right angles thereto; said above desaribed piece or parcel of land containing seven and eighty-four one -hundredths (7.84) acres, more or lose.: TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in any wise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the said parties of the first part, as Trustees as aforesaid, to the only proper use, benefit, and behoof of the ea party of the second part, hie heirs and assigns forever. III WITILPSb ifflM0P, the said parties of the first part have hereunto set their hands and scale the day and year first above written. George W Vallery (SEAL) Charles H Sohlaoke (SEAL) As j'rustees as Aforesaid. STATE OP COLOR,IDO, C;ty and County of Denver, ae: I, Joseph 06 Stilwell, a Notary Public in and for said City and County, in the State aforesaid, As hereby certifyy tbat ueorge Ic. Vallory, as 'Trustee as aforesaid, who is personally known to me to be the same person whose name is subscribed to the doregoing deed, appeared before me this day in person and acknowledged that he signed, sealed and delivered t1ie said dced as his free and voluntary act and deed for the uses and jMrposee therein set forth, Nfq G9j,oA,undar my hand and notarial seal this lath day of September, A. D. 1917 MV' rimission expires Aug. 17, 1921 "\ �Ehr►1, Jose h 0 Stilwell o cry lie. STANK OF PEIIPSYLVANIA �ee; County of Delaware I, Richard L Holden, a Notary Publio in and for said County, in thh.Btate afore- said, do hereby certify that Charles H. Sohlaoke, as trustee aforesaid, who i per- sonally known to me to be the same person whose name in subscribed to the foregoing deod,appeared before mo this day in person and aoknoalodged that he signed, cooled and delivered the Said deed as his free and voluntary act and deed for the uses and purposes therein set forth. Givdn under my hand and notarial seal this 24th day of Sopember, A. D. 1917. ,!.;�L[yq,ppmmisaion expires at end of next session of the Senate. Richard L Holden notary Public. STATE OF PEIIIISYLVAIIIA ) County of belaware. Be: ) I, J.'Harvey Smith. Prothonotary of the Courts of Common Plena of *aid County, which is a Court Of Record, having a common seal, being the officer authorized by the laws of the State of Pennsylvania to make the following certificate, Do Certify, 'That Richard L Holden Esquire, whose name is subscribed to the certificate o£ tho acknow- ledgged of the annexed instrument and thereon written, was at the time of such aoknowlei ment'a Notary i-ublic for the Commonwealth of renneylvania, residing in the county aforesaid, duly commisBioned and qualified to administer oaths and affirmations and to Certify and take aoknowledgmente and proofe•�of Deeds or 0onveyanoee for lands, tenements and heroditaments to be recorded in said State of renneylvania and to all whose sots, as such, full faith and credit are and ought to be given, ae well in Courts of Judicature as elsewhere; and that I am well acquainted with the handwriting of the said 1%iohard L Holden and verily believe his signature thereto is genuine, and I further certify that the eaid.Inatrument is executed and acknowledged in conformity with the Laws of the State of permBylvania. In '2istgmony day of Octoberoinothento yeareofmourand Lordnoneffixed thousandaninelof hundredd Court, this fifth clay of Y and seventeen 1917- J Harvey Smith Prothonotary (SEAL) 'iruatee'e i)cod Vapory & Soblaoks to Carlton Approved Be to form nobt. r:. Lewis District Judge. - - - - - - - - - - - - - - - iled for record the 30th day of fan. A. D. 1916 t E.3MollclockjcP. M. r. 36 8406I WARRANTY DIRD. NO MCCZ), Made this...--•.-Ia-t..................... - --- ---------------- day of .......... -.. .--... in the year of our Lord one thousand nine hundred and.tw_saty---sev:sn. .--between....-----g-1-be3`#r- rOBT1#rOTt-...--•...... -._......................... . I — ........_.__._..•--_........................_...._..•------_ ._.........._• - -----........- ----of the County of_..._ �+.. BQ....._-"................ -_ and State of Colorado, of the first part, and.Fra27k..Marolt_..dx.------ h-Mgrolt.rYf!11118>n..MarOlt,_. and S#gphan-.-......... ..............................•---........---_....._..............._..._. ° --....... -................................. --------------------._....................----------._........................._..---'- ._..of the County of. ............... 1'.%t]iIM.................. -... ... - -- .... and State of Colorado, of the second part: WITNESSETH, That the said part..,y.....of the first part, for and in consideration of the soon of.__yourt0an...thouggand ---aev63'1...... hundred_flitv....... ................. -............................ ...............Dollars, to the said part.--4-_.of the first part in hand paid by the said part_isfl. of the second part, the receipt whereof is hereby confessed and acknowledged, hea _....... granted, bargained, sold and conveyed, and by these present do-._B6.4prant, bargain, sell, convey and confirm unto. the said part... 9. of the second part ......_1he.LT....._...-heirs and assigns, forever, all the following described lot..s. or paree$......of land, situate, lying and being in the County of_...__.....P.,jtgl--------------_-------..snd State of Colorado, to -wit: The following pieces and parcels of land,situate,lying,and being -in -the -County of Pitkin-and= State of Colorado and described according to the existing IInited Statee.Govermentt Survey ._ follows:to wit?, Lot 2(2)in Section Eleven(II),00ntaining th.lrty five and. eighty-five one - hundredths (35.86).aores•Lot Three (3)Seotion- Eleven(II) ;containing thirteen-and-eigh1*one_1iun( dredthe XI3.80)aores;Loi Nine (9)in Section Eleven(II);oontaining twenty-nine and seventy--- - five one -hundredths (29:79)aores;Lot Ten(IO)in Section Eleven (II);oontaining twenty five and- ninteen one hundredths (25.I9(aores The Northwest quater of the Northeast quater(I NE}) Section Eleven(II),contaiming forty (40)aores;Lot twenty six (26)in Section two(2)oontainlug_ seventeen and six one hundredthe(I7.06)acres;Lot Twenty.seven(2.7)in Section two(2),contain- ing'one and seventy five one hV�nndredthe(I.75)aorea;al1 in ToPnshlp Ten( IO);South RAnge Eighty five(85)West of the Sixth (6th)Principal Merldian;and containing an aggregate of one.hundred-- and slxtjr three and forty o �,,;;�fhhh,,�u,n,,dLredthe(I63.40)acrea,more or lese,exoepting,however,the rliphi of way of the Colorado Midlai�dl pu,pny through SeotIons two(2)and (II) Eleven embracing Four- teen and seventy two hundredthe(I4.72)aoree;more or lesa;Aleo the following pieces and-paroslf of land;sltuate;lying and being In the said County of Pitkin and State of Colorado;and-descrit ed socording to the existing United States Goverment eurveyas follows ;to wit;Lot Slxteen(k),- ln.,aeotion One(I):oontaining seven and forty one-hundredthe(7.40)eorea;Lot Twenty-flvb)_(25.) IB Section two(2)•oontslning one and twelve one-hundredths(I I2)acres•L_ot One (I)In*Seotrlon.El Eleven(II);aontalning four and ffifteen one=hundredths(4.151aores;Lo� EI ven(II in Section E Eleven(II);oontaining six and fifty one-hundredths(6.5I)aores;Lot-two (2)in Section twelve (I2)containing Thirty-eight and two one-hundredths(38.02)acres,Lot--eight (8)In SectionTWelve (I2i.containing twenty nine and fifty six one-hundredths(29.56)aoree; TOGETHER with all and singular the her•editaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part$...._..of the first part, either in law or in 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 said pnrt_.lAe.o( the second their part ......................... hens and assigns forever. And the said.--- -... -.................... ................... .... .................. --._._..__.......:......... _.......... _.__....... ...... ......._._......................Alb.ert...E..Carlton-'--'-----......._......._._....----------_.................park..y._....of the first part, foa.b Lmasjf-. bLg ................... heirs, executors and administrators, doe6......covenant, grant, bargain and agree'to and with the said part....1.esof the second part.._theyg..hehe and assigns, that at the time of the ensealing and delivery of these presents_.... he- llt._........_well seised of the premises above conveyed, ss of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha.g._._....good right, full power and lawful authority to grant, bargain, sell and convey the same, in manner and form aforesaid, and that the same are free and clear from all former and other grant, bargains, sales, liens, taxes, assessments and ineumbrances of whatever ldnd...._O3, _......nature soever; Brseept taxes--for''the---year- I926 - due. -and- payabl,®--March•••1-yand--•August...I•,-I9&7rwiilok •airs ase�e&-and-...to•-ber--ps-id- by-seoond -parties Also--sohjaot ta...salstl<lg---lases--•to-•- Arthur ...Robertaydated--Mftrieh-3U;I9B6;e$plrlgg fdarvh I; }29: .......... ......................... ._._..._..................._....__.._._..-----....._.......................----..-_._..._.........._......_.-....------....._................_----•-..........-......._._................_...._... and the above bargained premises, in .__........... quiet and peace_._____...pomemion of the said psrtfsa....of the second part,..._theIr.heirs and on assigns, . against all and every persor persona lawfully claiming or to claim the whole or any part thereof, the said pad.y........of the first part shall and will Warrant and Forever Defend. IN WITNESS WHEREOF, the said psrt.y._..... of the first part ha.e........hereunto set...hlg_.__band......and seal. -Abe day and year - ............ _ ',I above written. ' Signed, Ssafed and Delirered in Presence of ) sv ka t.. ..-rs tA. .----------- ------- --•- ----------------- -------_[anerl _-..--_-............._..__..............._:_............. _.._.._......._._._[errs] STATE OF COLORADO, El Paso eS' Countyof...........__ ................-•---- h----•-------•---------.........._....._......_..---................... _...... --------...-----------------._.........._._....__._._... in and for said County, in the State aforesaid, do hereby certify that.......----- �j ba2$--,Ca3 i Ean-...------•...........................-----•--------•--------- ._.......------- ---------- -................ _'...... —_........... --........................... .who ---.....IA._..personally ]mown to me to be the person.. --whom name,._......ie._.. subscribed tor the annexed Deed, appeared before me this day in person and acknowledged that ......_.._h.e......signed, sealed and delivered the said �- instrument of writing aa..hlfl..._...A-ee and voluntary act for the uses and purposes therein set forth. Given under my hand and.....notarlalseal, this.............I2#rh......_---..day of....._3iaxeh._._..----....A �� •�(� E My commission expires......Nog...1.7-- ....................... 193..2.7 - _. .... .._._.Rawl..�atea....._.......:.........._._.._...........--•--- Notary Public Ti Filed for record the..._.__Bi3.th._......._._-_.._..day of........ ApT11.._._._........_. A. D. 19E7_., at ...... I1T_1361oek.._A_.M. v1 Li 8406I WARRANTY DSSD. 'Chia Oeea, Made this.......-Zat...................................... day oL----------- March ........... ......... __....... 3n the year of our Lord one thoi nine hondrerLand +­+-.. between All - :Lot twelve in Section Twelve (I2),containing Thirty -save n and e'ightyone-hundreda(37.80)aorea:J ownship Ten(IO)South,of Range Eighty-five(85),West of the Siath(6)Princlpal Moridlan,and aggree one hundred and twenty four,and fifty five one hundredtha(I24,56)agree,Rore or less,exoepting,h he rights of way offTWe Colorado Midland Railroad -Company for Its main right of way embracing. nd twenty. Your one-hundredthef7.24)aores;for 1ts.Newman Tunne-l.line embracing one,and eleven P (I.II)acres;and for its. ye emj;raoing one and thlrt nix one-hundredthe(I 36)acrea•also a oepti f a tra����,,,, a �$r e a $aI.r't a�},d tract :embracing three and aixty tour o :�.64)aoY`�s m a . unt roa ; '�SalS ie"followingg pplaces andparee.ls of landeltuatl ,sing in the. County of Pitkin and State of 'Colorado•,and desorlbed according to existing UhlteiV overu(ent,survey.as follows, to wit; Lot three '(3)In Section Twelve (I2)In Township Ten(IO)80uth ighty-,five (85)Weat 'of the .Ixth(6th)Prinoipal Meridian,00ntaining thirty-three and,ten-one-hun (33.IC) aorae;more or less.; excepting,however,two and ,twenty one-hundradthe(2.,20)acres,embraoed b, road;$lso the following pieces and paroels,of land situate,lying and being in the County of Pit; 1 3tate.of Oo orado and described according to existing .United States Government survey as, follow ILot seven(7lin Section Twelve(I2),00ntaining five and fifty one-hundredths(6.60)acres; ` of nine (9)In Section Twelve(I2))oontalning twenty seven and fourty-three one hundredtha(42Y.43y Got ten(IO)Ln Section Twelve(12),00ntaining seven and twenty three one-hundredthe(7.23)E, - �t 'gS)inrSecttihon Tweellvee(I2),00nxtalning)thirty-nine aan& nnintty two one-hund(r4edths(39;92)aaorest;The1 Si 17nn eotion Eleven(I�)acon alning nl t�ione- unesedthe1o;90�b anaacreg911O�n o nahrlpTgnQI0790 }nge eighty flve(85),West of the slxth(6th)Prinoipal Meridian,and aggregating one hundred and ti ainty eight one-hundredths(:F120o98)acres more or less;excepting,however,the right of way for th j track of the Colorado Midland Railroad Company ,embracing fourteen(I4)aores and the right,of wad 3rtain spurtraok of said railroad company, known as the Newman Tunnel Extenaton,embracing oneanz one-hundredtha(I.80)aorea;also exoep ing partof that certain tract known as the "Holden Traot"( 3ijrteen and thirty-six one -hundredths I6.3b)aoroa;aleo exoepting that certain tract known as the I12exas Mill Slte'l,embracing two and twenty-nine one-hundredthhs(2.29)acres;aleo excepting sixty-e.J hundredths of an acre(O.68)heretofore $ranted to DaviddR..,Q92own for right of way for a pipe,ll !13aoepting one and thirty one-hundredthe(I.30)aores embraced by County road;and also excepting tt `raot known as the"Eleotric Light Tract embracing two(2)aorea;Aleo the Aspen Ditch having its he Ripon and taking water from Castle Creek in said County for the purpose of irrigating the above d iIlanda,the map and ditch statement of said ditch having bean Tblleduby the locators and Iclalmant,.2 !:,'l ark, In the office. of the Clerk and Recorder -of said County of Pitkin.on the.30th day of July: ,I1nd bearing Document Bo.7168Z;said ditch having a carrying capacity of 18.6 oubl•o,fget of.water"., .1 time -,together with the water flowing therein and the right to use the same upon said above d'eq v''lands;exoepting however two(2) onbie feet of water per eeeohd of time heretofore grantedand copv )y the said Thomas O.Clark to the Red Butte Cemetery Assooiation;and also excepting onefi)oublo' I)I3f water per second of time heretofore granted and conveyed by said Thomas O.Clark to E.W.Jewett vaters flowing In said ditch;the said ditch and water -rights hereby conveyed being also describe Shown in and by that certain conveyance dated the fourth day of. February,I908,and recorded In b' !;t page 2I0 and 2I2 inclusive,of the records of the said County of Pitklnand State of Colorado,e. Ind deltvered by the said Thomas O.Clark to Frank Trumbull and Charles H.Sohlaacks as Trustee. jPhe above described lands having been included in the descriptions contained in the several:-IInit Gov ennf�ant ppaatents Issued thereon as follows to wit The Northeast quater(fiE})In Section Eleven'in: Pan(IolBout h,of Range eighty five(86),West of the S1xth(6th)Princ1pal Meridian; -the patentee the: iieorge ?F Elrod and the patent therefor belnq recorded In book 56 pa a 3I of the record $$ o t! land Reoorrier of said County of Pitkin. Also the Southeast quater of the Northwest quatorlSE•in .100 tion Twelve(I2)ln TownshipTen(IO)South.of Range eighty five(85)Weat of the Slxth(.6th)Prinoipal )�,he patentee thereof being William E.Stone and the patent therefor being re corded. sald\ offiod,) ;I In book 55 at page 32.Also the West half of the Northwest quater(W*NW4)•and the l�lorthweat,quat.e2 i,I Southwest quater(NW4SW4) In Section Twelve(I2)in Township Ten(IO Wuth ,of RangeEighty-fiQe(85 e Sixth (6th)Prinol a1 Meridian the patentee thereof bet Samuel Flanagan and the':ppatent ther4. led in a 1d f iolall seer a in b ok ss66 at pa a 333. �so thhe So thWestt eater of t e.' W )i �$��4i,t $e of �rmbered �nree�3),or �raottonal ��atheaet qua ter o� the So��weat q�a�er hwe $Got numbered alx(6)or fractional Southeast quater of the Southwest quater(SEf,,SW4)of Seotlon.tw In Township Ten(IO)South Range Eighty-five (86)West of the S1xth(P6th)Prinolpal Merldla\n.die t,r i hundred and twoand fifty-six one hundredths(IO2.56 )aores,the patentee thereof being JA=:B�. ;and the patent therefor being recorded in said official records of Pitkin County in Book' !'91soLI6) bt_00ixteen(in Section one(I)Lot twenty flve(25)in Section two(2)Lots one(I)and E1 va',} I 3otion Eleven and lots two(2)Eight(B)and twelve(I2)in Section twelve(I2),in Township Ten(0)`$0 langeEighty-five(85) West of the Sixth(6th)Prinaip al hierldian,contalningone hundred',i�rtw.enty,, �lfty-five one-hundredths(I24.55)aoree,the patentee thereof being Samuel Flanagan,and thpad being recorded In said official records In book 55 at page 45. This conveyance Is madesub}j i',he oonditlone,covenants and reservations contained in the certain warratny deed dated executed by thi0olorado Midland Railroad Company to John Stapletmn James Stapletou,a�A.-.l¢4r and conveying the land herelnbefore described. ` K Filed for record the..._.-.,?7tfih._------..._....... day of.....-.1pr11..___._...--._...A D. 1927....., at..._..1.1:851ocIc...A...M. Mari...Mow&egfta------._.-•-----.._------.__..Rao 147 �/90823 aC(d • jig �QQi1, Made INS .............. .....................day of...._.._. ­Tuna .................... In the year of our Lord one thousand nine hundred sad ........... forty .................... _.........».. between ........... .... - FrarkJdaLoltr...ju.............._. of the County of Pit"", and Stste of Colorado, of the Bret part, aad..........._........_.._................._............._.........................................................._............ .... .................... _............... ...... ..................... _............... .......................... S.taphen..lAarolt.............. .................. ...... _... .....__.......................... _...... _............ of the County of PAkin, and State of Colorado, of tho second part; Witnesseth, That the sold part ...y.......of the first part, for and In consideration of tho sum of .................................................. _ .............................. _ .ORa...diallaz...and..,n.tham valuable... coils ideaatione................................. _................ _.......... _...... ................................................. 2MKOIXXU, to the said part.$ ...... of the first port In hand paid by the said'part....g.....of the second part, the receipt whereof Is horoby eonfenod and acknowledged, ha.E........grantod, bargained, sold and conveyed, Bud by these presents do..ea....grant, bargain, sell, eunvoy and confirm unto the said part....Y..». of the second part ,...... liie............ ... hein and assigns, forovor, all the following doeoribed IOLaor pmrcelA.of land, situate, lying and being In the County oflltkin,and State ofColorado, to-wlt: All grantarrs one-half interest in the following landat All of Lots Two (2), 'Puree (3), Nine (9), Ten (10) and One (1), and All of the Northeast Quart er of the Northeast Quarter (NW-Ift) of Section Eleven; All at Lots Twenty-six (26), Twenty -Devon (27) and Twenty-five (Q5) in Section Two (2); all in Township Ten (10-) South,.Range Eighty-five (85) West of the Sixth (6th) Principal Meridian That part of Lot Sixteen (16) in Section One (1) T. 10 S. R. 85 W. 6th P. M. lying Yleat of the County Road That part of Lot Eleven (11) in Section Eleven (11), T. 10 S., R. 85 W. 6th P. M., and bf Lot 2 of Section Twelve (12), said Township and Range and of Lot Tvrelve (12) in Sao. Twelve (12). said Township and Range, lying North and West of a dividing line described as follows i Beginning at a point whence Cutshaw quarter-oorney on the East boundary line of Secfilon Maven (11) T. 10 S., R. 85 W. Bth P. M. bears N. 630 46t E. 151.E13 Peet; thence N. 31e 581 E. 2198.} feet,,to the County Road. For a more pmrtioular description of the above described land see deed from Albert E. Oerlton dated Mardh 1, 1927, recorded in Book 15B at Page 316 of the records in the office of the County Clerk & Recorder of Pitltin County, Colorado. Also conveying all grantor's one-half interest in 8,0ouble feet of water per second of time adjudicated to the Grantor, the Grantee and Rudolph fdarolt by the District Court of Oarf;ield County on the 25th day of Jhly 1934 and recorded in the office of :aid County Clerk & Recorder of Pitltin County in Book 162 at Page 408, the total adjudication to eeid Grantor, Grantee and Rudolph Marolt being 14.6 cu. ft. per second of time. Marolt Ditch Also granting hereby a perpetual easement or right-of-way across the remaining portions of the lands described in Dead recorded in Book 1580 Page 316, above referred to, for existing ditches and laterals for seeds one additional ditch across such remaining portion of land along a line to bd agreed upon. Together With all and singular the hereditamonts and appurtenances thereunto belonging, or In anywise appertaining, and tho reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, Min, Interest, claim and demand whatsoever, of the said parL...y......of the first part, either to law or equity, of, in and to the above bargained premises, with the heredltements and appurtenances. To Have and to Hold The said premises above bargained and described, with the appurtenances, unto the said part.$....... of the second part, and assigns forever And the said ........ _...... 11rank..-1• OXnit.._.Js...... ............. ,...._....._.»......... _.................. ...... ..... ... __- ..........._......._..................... »._........................................... _.............. _........... ................ part..y--.....of the first part, for.111riladlf.,.hi&.._.hgirs, executors and adminfetratore, do.a.A.._..00vonant, grant, bargain and agree to and with the said party ....... of the second part ,._....... ..... )ito... ...... ...... heirs and aeeigus, that at the time of the aneoaling and delivery of these presents....................he in ............ ... well seized of the premisoe above conveyed, as of good, sure, perfect, absolute and Indefossible estate of Inheritance, In law, In foe simple, and haJg..._....good right, full power aad lawful authority to grant, bargain, self and convey the name, in manner and form aforesaid, and that the same are free and clear from all former and other grant, bargain@, a Ies !fenstaxes neeeeentente.tndlnaumbranms.-..t•+.h.�o^^.°w+ a='• ./..... ... _........ ................................... RECEPTION NO.�BOOK PAGE p.................................. _I ....... _............ I..,.YAtA.................heirs and Assigns, CARD -OF -CARDS • --of tho -first part shall and will band........ and seal........ the day and THIS INSTRUMENT WAS FILED FOR RECORD IN THE OFFICE OF Yar01.4 s1R�... ......_.... THE COUNTY CLERK AND RECORDER, AND DULY RECORDED, COUNTY CLERK fa RECORDER ............................... ........... -.Coavy- .... _... _.............................. _....... DO NOT RE•FILE THI9 FILMCARD sasiisee vi ec r �i �+r, --....case aer sot sr ...ours r..a ... asssY ours ossrs rrsaur or �sx was acknowledged beforo me this �.• uua urnwr a v:v or w ce. sr. r�u +eiwrwrLau r�+,S "_ Lsr;mj , rprNo �.4s-+_ .................:.i9...4D...., by...........F.i!erilc..ldsralt.._.Jr..,................................. a_............................................................. _.. _.......................... _.. Witness my hand and official seal. Mycommission oxplros................................. _................. .................... .......... _... __............... ._...................... County Clerk. %IWX= nVUsx Fllad for record the.........2th.................... _......... day of. ................. .Sune..................... .A. D., 1D4A..._, at........92.41............. Oolook.....A.......M. _._.................................. .......... Anconanc. No.................. .. By. ................. ............... _..... ............... ............... _.............. DDvaTT. f 6791283: STATE OF COLORADO ) City and County of Denver 1, JOHN L. GRIFFITH, Olafk of the County Court of the City and County of Denver, do hereby certify the foregoing to be a true and complete photographic copy of the Laat Ylill and Test- amentl and a true and complete copy of'Order of Probate entered December 140.1936; Letters Testamentary issued December 14, 1036; and Decree of Final Settlement and Discharge entered March 8, 1938;- as the same remain(a) on file and of record in my office, 1n the matter of the Estate bf RUTH MoNUTT BROWN, DECEASED. Witense my signature and ihe.Beal of said Court this 20tFi gay of February, 1939. JONN L. GRIFFITH, Clerk of the County Court. n By T W Newin #90660 Decree of Final Settlement and Determination of Heirship. STATE OF COLORADO, ' County of PStkin 8e' IN THE COUNTY COURT. IN THE MATTER OF THE ESTATE OF ) Rudolph Marolt ) Decree of Final Settlement Deceased. ) and Determination of Heirship. And now on this day comes Stephen Marolt the Administrator of the Estate of Rudolph Marolt deceased, and presents to the Court a final report of hi sate and doings es such, asks that the some be approved and that he be discharged and said estate decreed 'to be fully administer ad according to low. And it appearing to the Court, from the records and files herein, and the Court doth find that Rudolph Marolt departed this life on or about the 22nd day of March, A.D. 1936; and thereafter Stephen Marolt was duly appointed Administrator of said Estate. And it further appearing to the Court and the, Court doth find that a notice to creditors to file claims against said Estgte was published, in the'manner and as required by law, and that all olalins allowed by the Court against said Estate, and all costs of administration hav been paid. And the Court doth further find that more than one year has elapsed since letters were see ad herein and that there has been published, in the manner and as required by law, and in accordance with an order of this Court, a Notice that said final report would be presented fo', approval on Friday, the loth day of November, A. D, 1939, and that the hearing was regularly continued to this date. And it appearing from said report, and the Court doth find that said Stephen Marolt has received, for and on behalf of said Estate the sum of $7434.961 and has expended the sum of #7404.96, leaving 'in his hands the sum of 4 No to be distributed as hereinafter provided. And the Court doth further find that said Stephen Marolt has faithfully administered the estate of said .deceased which has come to his hands and has fully performed his duties as sue: and as provided by law. And it appearing to the Court that said deceased died leaving intestate lands, tenements o: Aeredltaments and that a petition was heretofore filed herein by Stephen Marolt claiming.to b, an heir at law of the said deoeased and making application for the determination of heirship and that the Order for notice of final settlement and the notice of final settlement publighel as aforesaid included a notice of said application and that a copy of much notice was served personally at least ten days..before the day set for hearing as aforesaid upon all of the heirs and such service was waived in writing by all of the heirs, who can be served in this State= that , and the Court having rcceived•and'he and the testimony and proofs In- trodu-o-eT herein, and having considered the same, doth find, ascertain and determine that the sole and only heirs at law, of said deceased, and their interests in said estate, are an follows, to -wit: _ _ _ _ _ - _ _ _ _ _ _ _ _ _ ^ _ _ - MMAR�I�N?17iiIf _ _ _ - - _ _ _ _ aotiona9 In enee£_ Frank Marolt HDother 1/9 Mrs. Elate Rinker' sister 1/9 Stephen Marolt Brother 1/9 Michael Marolt Brother 1/9 Theodore Marolt Brother' 1/9 William Marolt Brother 1/9 Rooaline Marolt Sister' 1/9 Julia Ambrose Nlece 1/9 Dorothea Ring Sister ` 1z9 Cut t leaI'Ers-TFerelore_0rderedi AdTu'ded a`d�eoreed-by sheiwr the sole and only heirs ht law of said deceased and upon the death of said deceased became seised and possessed of all the right; title, and interest which the said deceased enjoyed dun Ing his lifetime in and to any and* all lands, tenementa, heredit®uents or other property of which the said deceased died'seized and possessed. And it is Airther Ordered, Adjudged and Decreed that the said final report and all acts an, doings of the said Stephen Marblt'In and about the "administration of the said Estate be, and the same are hereby in all things fully ratified, confirmed and approved by the Court and tha having made said distribution and having' filed proper receipts therefor ig 'this Cbur t, he be discharged and his bondsmsh released from rurther liability in the premises Done in open Court this loth'day of November, A. D. 1939 - By the Court, Wm.' R. Shaw STATE OF COLORADO ) $S ' u ge. SOUNTY OF PITKIN ) r 0 I, Wm. R. Shaw,: Judge of the County Court in and for said County, DO HRREBX 0%that the foregoing are full and true copies of the original Decree of Final Settlemen{ rminatiort of Heirship' in my office femaining. Given under myY hand and the goal of said Court, this loth day 0f November,A.D.19 u� Wm R Shaw #90661 STEPHEN MAROLT, ADM Estate No. ASPEN, COLORADO County Cour o IN County. Receipt No. 76b33 RECEIPT FOR INHERITANCE TAX , OFFICE OF THE TREASURER OF THE STATE OF COLORADO 10 00 Denver, Colo: JAN 11, 19 Received of STEPHEN MAROLT,-ADM of the estate of RUDOLPH MAROLT, deceased .TEN AND No Dollars for Inheritance Tax and fees for examination and Issuance of waiver, as itemized low, due to the State of Colorado from sold ee•tate, pursuant to an order of the Hon VIM R. Judge of the County court of PITKIN County. Date of death of decedent MARCH 22, 1936 . 316 aforesaid, do hereby certify the above and foregoing to'be a true, perfect and complete copy of Judgtrrent and Dearee in a certain cause in said Court, wherein Carbon Amery Bank is Plain- tiff and'Margaret Oyharcabal at al are Defendants. In.171 ness Whereof, I have hereunto set my hand and affixed the Seal of said Court, at A'epen,41orado this 24th day of Sept. A. D. 1940 :4 •. .r... Francds Willouahbv This Indenture, Made thin 27 day of Sept. in the year o our Lord One Thousand Nine Hundred and Forty between Elsie Helen Marolt as Administratrix 6f the Estate of Frank X. Marolt Jr., late of the County of Pitkin, deoeased, party of the first part, and Michael Marolt of the County of Pitkin and State of Colorado party of the second part, witnesseth than WHEREAS, On Sept. 23, 1940 the County Court, sitting as a Court'of Probate, in and for the Oounty of Pitkin in the State of Colorado, and in a certain Scatter, tlon pending therein, in which the said Elsie Helen Marolt as AcUinistratrix of the Estate of rank X. Marolt Jr. de- ceased visa Petitioner, and also the only heir, the following Order and Decree was rendered and entered of record in said Oourt,•to witt STATE OF COLORADO, ) as In the County Court, in Probate. County of Pitkin ) September 23, 1940 IN THE MATTER OF: THE ESTATE OF FRANK X. MAROLT JR., ) ELSIE HELEN 11AROLT, as Administratrix ) of the Estate of FRANK X. MAROLT JR., ) Decree for Sale of Real Estate Deceased, ) Petitioner , ) Now on this day comes Elsie Helen-garolt the petitioner herein -by Rosa I. Newmann, her Attorney and this cause now coming on to be heard before the Court and it now satisfactorily appearing to the.Court from the records and files of this Court herein that it being necessary and expedient.to sell said realty, in Pitkin County, in the State of Colorado, on motion of Rose I, Nowmann,Attorney for the said petitioner, AND NOW Again on this 23 day of.September, 1940, this �ause coming on to be heard upon the said petition taken for confessed as aforesaid; the exhibiiiiiits, proofs and testimony now here produced and taken in open court, and it satisfactorily appearing to the Court from the evi- dence that the said Frank X. Marolt Jr, departed this life on or about the 21 day of June, 1940 leaving Elsie Helen Marolt his sole and only heir that the petitioner was duly appointed as Administratrix of the Estate of said Frank X. Marolt Jr., deceased, and that Letters of Administration were duly granted to her by this Court, bearing date on the 11 day of July, 1940; and it alap in like manner appearing to the Court that the said petitioner has made a just and true account of the condition of said Estate to this Court, and that the pereot estate of said deceased is insufficient to pay the debts of the said Fran§ X. Marolt Jr. nd the expenses of administration; and it further appearing to the Court, and the Court so find- ing, that the amount of the deficiency aforesaid is the aum of Four Thousand -------Dollars, and no Cents, besides accrued interest thereon, and coats; that the said petitioner has made and returned into Court an inventory of the Real Estate of said deceased and caused the same to bd appraised as required by law, the appraised values of the promisee in the petition here- in described amounting in the aggregate to the sum of Ninety -Four Hundred Dollars; and it fur- ther appearing to the Court that the said Frank X. Marolt Jr. died seized of the following described Real Estate situate in the County of Pitkin and 'State of Colorado, to witt ALL OF LOTS 8, 7, 8, 9, 10, 13 and THE SWJ� SWT 8E0. 12 AND LOT 16 OF SEC. 11, AIL IN TWP 10 S. R. 85 N. 6TH P. N. THAT PART OF LOT 16 IN SEC. 1, SAID TWP, AND RANGE, LYING EAST OF COUNTY ROAD. THAT PART OF LOT 11 IN SEC. 11, TWP. 10 S. R. 85 W. Gth P.M. AND OF LOT 2 IN SEC. 12, SAID MP. AND RANGE AND LOT 12 IN SEC. 12, AT A POINT WHENOE OUTSHAW QUARTER -CORNER ON THE EAST BOUNDARY LINE OF SEC. 11, TWP. 10 S. R. 85 W. 6TH P. M. BEARS 83 DEG. 461 E. 161.83 FT., THENCE N. 31 DEG. 561 R. 2198.4 FT. TO COUNTY ROAD. Por a'more particular desori¢tion.of the above described ]and sea deed from Albert E. Carlton sated March 1, 1927, and recorded in Hook 168 at Page'318 of the records in the office of the County Clerk and Recorder of Pitkin County, State of 'Colorado. Also conveying all grantorts interest of 6.6 cubic feet of water per second of time of the L4.6 cubic feet per second a;jd�dicated to Frank X. Marolt Jr., Stephen Marolt, and Rudolph Marolt by the Distriot Oourt of Garfield County on July 25, 1934, and recorded in the office of said County Clerk and Recorder of Pitkin County in.Book 160 at Page 408. Marolt Ditch. Rosary the right of perpetual casement or right-of-way through and across the above por- tions of the lands described. In deed recorded in Book The Page evle, above referred to,. for 9xisting ditches and laterals and for one additional ditch sorbas said ]ands along a line to an agreed upon. ind the Court having ascertained that it will be necessary to sell all of the said Real Estate ioreinbefore and in said petition described tol.pay the- deficiency aforesaid t with the expenses 3f administration, now due and to accrue;. and the said petitioner having filed her Bond, con- iitioned according to law with security therein to the approval and acceptance of the Court, In acoordanad with the order of this Court- heretofore made and entered of Record hereint' To pay the debts now due from said estate, and the costs of administration now due and to accrue. And it being the opinion of the Court it would benefit the estate of said deceased to sell said Real Estate at private sale, duo regard being had for the rights of all, it is ordered that .aid premises ;and property be sold at private sale, and upon the following terms, viz: The said part of the second part hereby pay unto the said party of the first part the sum of 00250, can. ich terms shall be distinctly set forth in all the advertisements of said sale; and if the said premises be sold at private sale the said described Real Estate shall not be sold for leas than the appraised value of each separate lot or parcel thereof; and that in no event, Whether the same be sold at public or private sale, shall the petitioner herein, either direct ly or indirsotly, or by any one for her become the purchaser of said property or any part thereof; that the said petitioner shall have power to adjourn such sale from time to time as the best interests of the estate may in her judgment appear to require.upon notice thereof given at the time and place of sale named in the advertisements thereof and such other times to which said sale shall then and there be so adjourned. AVID IT IS FURTHER ORDERED, Adjudged and decreed by the Court that upon making such sale and he payment by the purchaser or purchasers of said property in accordance with the terms of hie Decree that the said petitioner execute and deliver to such purchaser or purchasers a ertifioate of Sale for the premises so sold* as in the none of aAlea of Real Estate upon Exe- ution, and thereupon report her•aotion in the•premiees to this Court with all convenient epee AUD IT IS FURTHER ORDERED, That this•oauae stand continued to the next term of this Court or the hearing and action upon said report. Done in open court this 23 day of 8ept.,1940 By the Court, Wm. R. Shaw (SEAL) nuny Zags. 0. 3,1'7 AND WHEREAS, In pursuance of such order and decree, the said party of the first part did, on the day of , sell at private sale, for the total sum of Hind Thousand Two Hundred Fifty Doers to t e said Michael Marolt party of the second part, the following described Real Estate, each parcel of real estate bringing the prigs immediately following its deserip- tion to wits All of -Lots S, 'is *at 10, 13 and the aw-1 s , Seo. 12 and Lot 16 of Sao. 11, all In Twp. 10 S. R. 85 P1. 6th P. M. That part of Lot 18 in See. 1, said Twp• and range, lying east of County Road. That part of Lot 11 in,Sec. 11, Twp. 10 S. R. range 85 W. 6th P. Lt. and of Lot 2 Sao. 12 said Twp, and range and Lot S2 in Sao; 12, at a point vhenoe outahaw quarter cornet on the East boundary line of Sec. 11, Twp: 10 S. R. 86 W. 6th P. 1A, Bears 63 peg. 461 E. 151.83_Ft., Thence N,•31 Deg. Be' E. 219B.4 Ft. to County Road. r Above described water rights and easement included as described aforesaid. AND WHEREAS, -At the term of said court next succeeding suoh aale, to wits on the 24 day of Sept., 1940, said day being one of the regular days of thejerm of said Court in the year aforesaid, the said party of the. first part as Adminietratrix,of said data to as a foresaid, submitted to the said Court a report of such sale so by her made as aforesaid, as regµtred by law; and at said term, on said last named day, the said sale was by order of the Court duly' approved and confirmed, and the said Administratrix authorlaed and directed to execute and deliver to the purchaser of said above described promises.a good and sufficient,Deed of Con- veyanoe for the premises sold. NO'!/, THEREFORE, This indenture witnesseths That the said party of the first,parV, by vir- tue of the order and docroe aforesaid, and in consideration of the promised, and the further consideration of the elms of One dollar and other valuable considerations to him,in hand paid by the said party of the second part„ the receipt of which is hereby aoknowledged, has sold and conveyed and by these presents does sell,and convey unto the said party of the second part, his heirs and assigns, all of said lots, tracts and parcels of Real Estate last herein - before. described, and,mentioned as having been sold to the said party of the second part. TO HAVE A::D.TO HOLD THE SAME, With all the appurtenances .th erounto belonging or in.anywise appertaining, to the proper uses, benefit and behoof of the said party of the second part, hi heirs and assigns forever; and the said party of the first part,.fbr the consideration afore- said, oovenants with the said party of the second part, his heirs and assigns, that she has in kill respects complied with the order and decree aforesaid.and with the directions of the ' law in such case made and provided. , In Witness Whereof, The aaid.party of.the first,part, as Administratrix of said Estate as aforesaid, has hereunto not her hand and seal the day and year first herein above•written. Documentary etampp on,Warranty Deeds bearing even Elsie Helen Marolt. (SEAL) date covering same property. As the Administrat O—F-EK—e-NiTato of STATE. OF.COLOMO,) deceased. Coo#ty of Pitkin. ) Be' I•, 11. Lt. Neihardt, County Clerk, within and for the County and State aforesaid, do hereby certify that Elsie Helen Marolt who is personally known to me, and known to me to be the Administratrix of the Estate of Frank X. Marolt Jr. deceased, whose name as such Administratrix subscribed to the foregoing deed as having executed the same, appeared before me this day in. -poison and acknowledged that she had as such Adminiatratrix of said Eatatle ex cuted and delivered the said instrument of writing an her free and voluntary act hnd';d4sd n her capacity as such'Admintatratrix for the uses and purposes therein set forth. :,n,IVitnesa Whereof, I have hereunto set my hand andaffixed hereto Seal of Pitkin Co at my 63f3 at Aspen in the County and State aforesaid, this 27tp day of September A. D. 1940 Oommisaion expires M. M. Neihardt Tki Indenture, M de this 28 day of Sept., 1940 betwee—n-Mals Helen Marolt as Administratrix of the Estate of rank X, Marolt Jr., late of the County of Pitkin, deceased, party of the first part, and Michael Marolt of the County of Pitkin and State of Oolorado party of the second part, witnesseth thats WHEREAS, On Sept. 23, 1940 the County Oourt, sitting as a Court of Probate, in and for the County of. Pitkin in the state of Colorado, and in a certain Matter, ten pending therein, in which t,he.said Elsie Helen Marolt as Administratrix of the Estate of rank X. Marolt Jr, de- odaeed, was Petitioner, and also the only heir, the following Order and Decree -was rendered and -entered of record in said Court, to wit: STATE OF COLORADO, ) ad. In the County Court, in Probate. Qounty of Pitkin ) Sept. 23, 1940 IN i4iE: MATTER ,OF: THE. ESTATE OF FRANK X. MAROLT JR., ) Elsie Helen Marolt, as Administra- I trix of the Estate of FRANK X. MAROLT Decree for Sale of Real Estate JR. Deceased, etitioner , Now on this day comes Elsie Halen Marolt the petitioner herein by Rosa I. Newmann her Attorney and this cause now coming on to be heard before the Court and it now satisfactorily . appearing to the Court from the records and files of this Court, herein that it being npoessary and expedient to sell said realty in Pitkin County, in the State of Colorado, on motion of Rosa I. Newmann Attorney for the said petitioner, AND NOW Again on this 23 day of Sept., 1940, this cause coming on to be heard upon the said petition taken for confessed as aforesaid; the exhibita, proofs and testimony now here pro- duoed and taken in open court, and it s atisfaotorily. appearing to the Court from the evidence that the said Frank X. [Aprcl.t Jr. departed this life on or about the 21 day of June, 1940 leaving Elsie Helen Marolt hit sole and only heir, that the petitioner was duly appointed as Administratrix of the Estate of said 1, rank X. Marolt Jr. deceased, and that Letters of Admin- istration were duly granted to her by this Court, bearing date on the Eleventh day of July, L940; and it also in -like manner appearing to the Court that the said petitioner has made a just and true account of the condition of said Estate to this Court, and that the personal estate of said deceased is insufficient to pay the debts of the said Frank X. Marolt Jr ieceased, and the expenses of administration; and it further appearing to the Court, and the Court so finding that the .amount of the deficiency aforesaid is the sum of Four Thousand----- Dollars, and no dents, besides accrued interest thereon, and costs; that the said petitioner ,is. made and returned into Court an inventory of the Real Estate of said deceased and caused the same to be appraised as required by law, the appraised values of the promisee in the petition herein described amounting in the aggregate to the an of Ninety -Four Hundred------ -----Dollars; and it further appearing to tw he Court that the said Franie X. Marolt Jr. died seised of the following described Real Estate - ttate in the County of Pitkin and State of Colorado, to Witt Desoribtion is on sheet annexed hereto. Beginning at corner No. 1, identical with corner No, 4, of Survey No. 3288, North Texas Mill Site, a point in Castle Creels whertae witness corner No. 1, and said corner No, 4, survey No, 32881 a pine post four Inches square, 4j feet long, set two feet in the groans and marked ssW. C.- 328811 bears S. 74 Dog. 30 Min. E 33.3 feet, thence N. 15 Deg. 30 Min. E along line 3/4 of survey Ito. 3288. 403.76 feet to corner Ito. 2 at intersection with I � Yf 1, cn i t"f riJ ems-+ 1��a 0 Signed, Sealed and Delivered in Presence of ) Wits R Shaw-- -- ) Severin Trentaz (Seal' . # 91704 EXTENSION OF MORTGAGE, TRUST DEED, ETC. KNOW ALL MEN BY THESE PRESENTS, That there In recorded in Book 164 at Page 41 of the records In the office of' the Recorder of the .County of Pitkin in tbo State of Colorado, a oertAin in trumant in writing of date the 12th. day of December A. D. 1935, executed and delivered by John Juriolc Sr. and Thereon Jurick to secure to Ed C. Grosourth the Nymnt of an indebtedne In said instrument particularly mentioned, creating a lien upon the following described prop arty situate in said County, to -wit: Lot 4 Section 118 Lot 14 Soction 3, and lots 15 Section 29 all in Township Nine Sou Range 66 West of the 8th Psi. also the Bohn Ditch and water right and all water rights and ditch as and other improvements situate thereon. NOW THEREFORE These prosonta are made by the benofioier and tha owner of the indebted-' ncae eeourod by said instrument in writing for .the purpose of extending t9 time of payment of said indebtedness, which is hereby extended to the 12th day of December, A. D. 1944, and the lien created by said instrument in writing is continued in full force and effect. Dated th1S 9th. day of December, A. D. 1941 Ed 0 Groaourth STATE OF COLORADO, jounty of Pitkin se. The foregoing instrument was acknowledged before me this filth' day 9December, 19410 by Ed. 0, Grosourth M. M. Nelhardt TNESS My hand and official anal County Clark In County Coloradb $ 91712 STATE OF COLORADO, COUNTY OF PITKIN. ss' IN THE COUNTY COURT 140. IN THE MATTER OF THE ESTATE OF ) FRANK X. MAROLT, JR., ) ORDER AUTHORIZING DECEASED. ) ADMINISTRATRIX TO EXECUTE CORRECTION DEED AND ESTABLISHING IDENTITY OF THE DECEASED. This matter came on for hearing this 13th day s• e000m oar 1941, upon the petition of Elsie Helen Marolt, Administratrix of the EeUete of anX.-Marolt, Jr., wherein she asked permission of the Court to execute a new Administrarix' deed to Michael Marolt to correct a former deed made by her September 27, 1940, and recorded in Book 167, page 316, of Pitkin County reoorde, and also asked in said petition that a hearing be had as to the identity of the deceased, who was variously known in his lifetime as Frank Marolt, Frank Marolt, Jr., Frank X. Marolt and Frank X. Marolt, Jr., and that a proper order or deoree be entered flndln and decreeing such to be the fact. The Court, having considered said petition and having beard the evidence In support there -of, and being fully advised in the promisee, DOTH FIND: l.. That on September 23, 1940, a decree for the sale of real estate at private sale was entered in this estate, which deoree ordered the sale of certain real estate situated in Pitkin Oounty, Colorado, described as follows, to -wits All of Lots three (3), seven (7), eight (B), nine (9), ten ((10) and thirteen (13), and the Southwest quarter of the Southwest quarter (3W- S1Y}) of Section twelve (12), Lot sixteen (16) of Section eleven (11), and that part of Lot sixteen (16) in Seo- tion one (1), lying East of the County Road, all in Township ten (10) South, Range .e hty-five (85), West of the 6th P. M., and other land. That in pursuance of said doofoo the administratrix did, on the 27thday of September, 1940 sell at private sale the said property described in the deoree to M a ael Marolt for each. 2. That on September 24, 1940, the administratrix submitted her report of such sale, which was duly approved and confirmed by this Court, and she was authorized and directed as such administratrix to execute and deliver a good and sufficient dead to the purchaser and in pursuance of said decrees and orders she did, on September 27, 1940, execute and deliver such EL deed to Michael Marolt, the purchaser, which dead was recorded the same day in Book 167, page 316, of the records in the Count Clerk and Recorder's office of Pitkin County, Colorado 1. That said deed in the granting clause therepf omitted from the description of the property so sold, Lot 9 of said Section 12, in Township 10 South, Range 85, West of the Six- th Principal Meridian, although said Lot 9 wee properly included in the decree for sale. That there were certain other irregularities in said deed which should be corrected. 4. That the deceased, Frank X. Marolt, was known in his lifetime variously as Frank Marolt, Frank Marolt, Jr., Frank X. Marolt and Frank X. Marolt, Jr., and acquired interests in some or all of the land of which he died seized as Frank Marolt and as Frank Marolt, Jr. WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED: That Elsie Helen Marclt, administratrix of this estate, be and she hereby is authorized and directed to execute and deliver to Miohael Marolt a correction dead conveying to him all of the property heretofore described and intended to be described P. In that certain deed made by her to said Miobael Marolt, dated September 27, 1940, and re- corded the same day in Book 167, page 316, of the records in the County Clerk and Recorder's office, Pitkin County, Colorado. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the said deceased was variously known in his lifetime as Prank Marolt, Frank Marolt, Jr., Frank X. Marolt and Frank X. Marolt, Jr.; that said deceased as Frank Marolt, Jr. was one of the grantees in that certain deed from W. G. Tagert to Frank Marolt, Jr., Stephen Marolt and Rudolph Marolt, recorded in Book 157,'page 1561 that the said deceased, Frank X. Marolt, Jr., was the same person as Frank Marolt, one of the grantees in the following described deeds, to -wit: From Elsie Rinker, recorded in Book 157, page 6211 From William Marolt, recorded in Book 157, page 622; From Dorothea King, recorded in Book 157, papas 621; From Rosalins Marolt, recorded in Book 167, page 6241 From Michael Marolt and Theodore Marolt, recorded in Book 157, page 6261 and From Julia Ambrose, recorded in Book 257, page 626, of said Pitkin County recordst that the said deoeased, Frank X. Marolt, Jr., was the same person as Frank Marolt, Jr. who conveyed a right of way to Mountain Utilities Corporation by deed dated April 4, 1940, and recorded in Book 157, page 629; that said deosased, Frank X. Marolt, Jr., was the same persor as Frank Marolt, Jr. who was the grantee in that certain warranty deed from Stephen Marolt, dated June 6, 1940 and recorded in Bed page 148; that the said Frank Marolt, Frank Marolt Jr. and Frank X. Marolt, here ;1 oJa eferred to was the same and identical person as the deJaeaeed, Frank X. Marolt, Jr. ', /�j / ci BY THE COURT: Teets A trite Copy Wm R Shaw WM R Shaw c K� - 416. Y 91713 Adminietratorra, Executor'a, Ouardlarils, or Conservatorts Deed. This Irldenture, Madethis 18th day of Deoemberlin the year of our Lord One Thouean Nine Hun- dtted and forty-one, between ELSIE HELEN MAROLT as Adminietratrix of the Estate of rank X. Marolt, Jr., also known as Frank Marolt, Jr., Frank Marolt and Frank X. Marolt, Deceased, , party of the first part, and MICHAEL MAROLT of the County of Pitklnland State of Colorado party of the second part, Witnesteth that WHEREAS, in the County Court of the County of Pitkin, in WAAa State of Colorado, on the 23r day of September, A. D. 1940, in the matter of the Estate of frank X. Marolt, Jr., Deceased, an order for sale 6f Real Estate was made and entered of record, which order is in substanoe as follows, to -wit: IN THE MATTER OF: THE ESTATE OF FRANK X. MAROLT JR., ) ELSIE HELEN MAROLT, ) ' as Adminietratrix of the Estate of ) DECREE•FOR SALE FRANK X. MAROLT JR., Deceased, ) OF REAL ESTATE Petitioner ) Now on this day comes Elsie Helen Marolt the petitioner herein by Rose I. Newmann her Attorney and this cause now coming on to be heard before the Court and it now satisfactorily appearing to the Court from the records and files of this Court herein that it being neoessar and expedient to sell said realty, in Pitkin County, in the State of Colorado, on motion of Rose I. Newmann, Attorney for the said petitioner. AND NOW Again on this 2:5 day of September, 1940p thin causo coming on to be'heard upon the said petition taken for confessed as aforesaid; the exhibits, proofs and testimony now hero produced and taken in open court, and It Satisfactorily appearing to the Court from the evi- dence that the said Frank X.•Marolt. Jr. departed this life on or about the 21 day of June, 1940 leaving Elsie Helen Marolt his sole and only heir, that the petitioner was duly appoints as Adminietratrix of the Estate of said Frank X. Marolt Jr., deooasod, and that Letters of Administration were duly granted to her by this Court, bearing date on the 11 day of July, 1940; and it also in like manner appearing to the Court that the said petitioner has made a just and true account of the condition of said Estate to this Court, and that the personal estate of said deceased is insufficient to pay the debts of the said Frank X. Marolt Jr de- ceased, and the expenses of administration; and it further appearing to the Court, and the Court so tindingp that the amount of the deficiency aforesaid is the sum of Four Thousand Dollare, and no Cents, besides accrued interest thereon, and costa; that the said petitioner has made and returned into Court an inventory of the Real Estate of said deceased and caused the same to be appraised as required by law, the appraised values of the promisee in the pe- tition herein described amounting in the aggregate to the sum of Ninoty-Four Hundred Dollars; and it further appearing to the Court that the said Frank X. Marolt Jr. died seized of the following described Real Estate situate in the County of Pitkin and State of Colorado, to wit; ALL OF LOTS 5,7,8,9,10,13 and THE SWI, SW} SEC. 12 AND LOT 16 OF SEO. 11, ALL IN TWP 10 S. R. 85 W. BTH P.M. THAT PART OF LOT 16 IN SEC. 1, SAID TWP. AND RANG3, LYING EAST OF COUNTY ROAD. THAT PART OF LOT 11 IN SEC. 11, TWP. 10 S. R. 85 W. 6TH P.M. AND OF LOT 2 IN SEC- 12, SAID 91Y . IAND RANGE -AND LOT 12 IN SEO. 19, AT A POINT WHENCE GTJTSHAW QUARTER -CORNER ON THE EAST BOUNDAR I�LJINE OF SEC. lip TWP. 10 S. R. 85 W. 6TH P.M. BEARS 63 DEC. 461 E. 151.83 FT., THENCE N. :51 EG. 66I.E. 2198.4 FT TO COUNTY ROAD. FGr a more particular description of the above described land see deed from Albert E. Carlton dated March 1, 1927p and recorded in Took 158 at Page 316 of the records in the office of the County Clark and Recorder of Pitkin County, State of Colorado. Also conveying all grantor's Interest of 6.6.oubio feet of water per aeoodd of time of the 14.6 cubic feet per second adjudicated to Frank X. Marolt Jr., Stephen Marolt, and Rudolph Marolt by the District Court of Garfield County on July 25p 1934, and recorded in the office of said County Clerk and Recorder of Pitkin County in Book 102 at Page 408. Marolt Ditch. Reserving the right of perpetual easement or right-of-way throuP,h and across the above portions of the lands described in dead recorded in Boole 158 Page 16, above referred to, for existing ditches. and latorals and for one additional ditch across said lands along a line to be agreed upon. and the Court having ascertained that it will be necessary to sell all of the said Real Estate erelnbefore and in said petition described to pay the deficiency aforesaid, with the e�tpenee of administration, now due and to accrue; and the sold petitioner having filed her Bond, con- ditioned according to law.with security therein to the approval 'and acceptance of the Court, In accordance with the order of this Court heretofore -made and entered of Record herein: o pay the debts now due from said estate, and the costs of administration now due and to aco- ue. And it being the opinion of the Court it would benefit the estate of saiddeceased to sell said Real Estate at private sale, due regard being had for the rights of dill, it ie ordeFed that said premises and property be sold at private sale, and upon the following terms, viz:..; The said part of the second part hereby pay unto the said party of the first part the slim of $9250, oath. Nhich terms shall be distinctly eat forth in all the advertisements of said sale; and if the �,• said premises be sold at private sale the said described Real Estate shall not be sold for less than the appraised value of each separate lot or parcel thereof; and that in no event, Nether the same be sold at public or private sale, shall the petitioner herein, either di- eotly or indirectly, or by any one for her become the purchaser of said property or any part thereof; that the said petitioner shall have power to adjourn such sale from time to time as the best interests of the estate may in her judgment appear to require upon notice thereof Sven at the time and place of sale named in the advertisements thereof and such other times to which said sale shall then and there be so adjourned. AND IT IS FURTHER ORDERED, Adjudged and deareod by the Court that upon making such sale and the payment by the purchaser or purchasers of said property in accordance with the terms of this Decree that the said petitioner execute and deliver to such purohaser or purchasers a ertifioate of Sale for the premises so sold, as in the ones of sales of Real Estate upon Execution, and thereupon report her action in the promisee td thin Court with all convenient peed, AND IT IS FURTHER ORDERED, That this cause stand continued to the 24th day of September, 1940, for the hearing and action upon said report. Done in open court this 23 day of Sept., 1940 By the Court, Wm. R. Shaw (SEAL)' V ou n r y u ge AND WHEREAS,A.bond wag filed in due time in said Court as provided by law. AND WHEREAS, The said party of the first part did, on the 23rd dayy of September, A.D.1940, ell at -private sale, for the total sum of $9250.00 to the party of tho second part, the here- 4 nafter described real estate. AND WHEREAS, On the 24th day of September, A.D.1940, the said party of the first part, as dministratrlx of said estate an aforesaid, submitted to the said Opurt a report of such Role so made as aforesaid; and on Said lest named day, the said sale wasp by order of said Court, July approved and oonfirmedp and the said party of the first part was authorized and directed ' o execute and deliver to the purchaser of said hereinafter described propertyp the party of he second part, a good' and sufficient Deed of Conveyance for the premises and property so Solt. NOW THEREFORE, This Indenture'Witnesseth, That -the said party of the first part, in co side - tion of the premises, and the further consideration of the said Rum of $9250.00 to her in 41'7 hand paid by the said party of the second part, the receipt of which is hereby acknowledged, haq sold and conveyed, and by these presents does sell and convey unto the slid party of the second part, his heirs and assip�s, all the right, title and interest which the said Frank X. Marolt, Jr., known also as Frank Marolt, Jr., Frank Marolt and Frank X. Marolt, Deceased, had in his lifetime and at the time of his death in and to the following described real estate, situate, lying and being in the County of Pitkin and State of Colorado, to -wit= ALL OF LOTS 3,7,8, 9, 10, 13 end T11E SW; SW} SEC. 12 AND LOT 16 OF SEO. 11, ALL IN TWP. 10 S. R. 85, W. 67H P.M. THAT PART OF LOT 16 IN SEC. 1, SAID TWP. AND RANGE, LYING EAST OF COUNTY ROAD. THAT PART OF LOT 11 IN SEC. 11, TWP. 10 S. R. 86 W. 6TH P. M. AND OF LOT 2 IN SEC. 12, SAID TWP. AND RANGE AND LOT 12 IN SEC. 12, AT A POINT WHENCE CUTSHAW QUARTER -CORNER ON THE EAST ' BOUNDARY LINE OF SEQQ. 11, TWP. 10 S. R. 86 W. 6TH P. M. BEARS 63 DEG. 461 E. 161.83 FT., TH8NOH N. 31 DEB. 561 E. e198.4 FT. TO COUNTY ROAD. For a more particular description or the above described land see deed from Albert E. Carlton dated March 1, 1927,, and recorded in Book 158 at Page .116 of the records in the office of the County Clerk and Recorder of Pitkin County, State of Colorado. Also conveying all or the deceased's interest of 8.6 cubic feet of water per second of ;;•` time of the 14,6 cubic feet per second adjudicatod,to Frank %X. Marolt, Jr., Stephen Marolt and'Rudolph Marolt by the District Court of Garfield County od July 25, 1934, and recorded in the office of said County Clerk and Recorder of Pitkin County in Book 162 at- Page 408. _ ' Marolt Ditch. " Reserving the right of perpetual easement or right-of-way through and across the above :+ portionna of the lands described in deed r000-ded in Book 150 Page 316, above referred. to, for existih,g ditches and laterals and for one additional ditch across said lands along a line to a be agreed upon, This Is a correction dead authorized by an order of the County Court entered December 13th, 1941s and is.made to correct that former dead between the same parties, dated September 27, r,•. 1940, and recorded the same day in Book 167, Pago 316, of the Pitkin County records. TO HAVE AND TO HOLD THE SAME, With all the appurtenances thereunto belonging, or in any- wine appertainingp to the proper -use, benefit and behoof of -the said party of the second part his heirs and assigns forever. - IN WITNESS WHEREOF, The said party of the first part, as Administratrix of said estate as aforesaid, has hereunto set her hand and seal the day and year first hereinabove written. s. Elsie Helen Marolt (SEAL) • Elsie e en Mere' • An the Administratrix of the Estate of Frank X. Marolt, Jr., aiso known as Frank Marolt, Jr., Frank Marolt STATE OF OOLORADO, )Sg, -and Frank X. Marolt. ..`,. COUNTY OF PITKIN I, Ethel M. Frost Notary Public in and for the said Pitkin County, in the State aforesaid, do hereby certify that Elsie Helen Marolt who is personally known to me to be the. Administratrix of the estate of Frank X. Marolt, Jr., end known to me to be the person whose name is subscribed to the foregoing deed, appeared before me this day in person and ackhow- leAged that she had as such Administratrix of said estate, signed, sealed and delivened the f: !!� arc instrument of writing as her free and voluntary sot and deed for the uses and purposes =; cot forth. -- 4 Oiyd GiyAn under my hand and seal this 18th day of December, A.D. 1941. WMy commission expires Commission Expires March 18, 1944 Ethel M Frost : Notary Public ea�o- •:..', I or record on thd 19th d oo. a i o o 00 a ar , � SRERZY OATH. -_ This is to Certify, The I have this day appointed. an o ere yappoint HENRY SIEVERS as Deputy Sheriff in and for Pitkin County, State of Colorado, with full power and e,thority to act during my term of office, unless this appointment should be sooner revoked. •f' Witness my hand and. eegl this 17th day of December A. D. 1941 p+' Frank Bruin — %<< STATE OF COLORADO ') . eaSheriff o n aunty, o erao County of Pitkin ) I, HENRY SIEVERS A& solemnly swear, in the presence of the ever - living God, that I will support the Constitution of the United States and the Constitution of tate of Oolorado, and that I will faithfully perform the duties of the office of Deputy to the beat of my skill and ability, so help me God. _ Aenry Sievers. 60 -2f—:Sheri fP— u and Sworn to before me, this 17th day.o£ December A.D.1941 ,� Ibed� U , M. M. Neihardt ' ¢; oun ar tfi e or reoor on a o ea. a o'clock a ar ,R cord RS ArFUIRTMENT OATH. This in to Certify, That I have this day appointed, and do nerabyappoint GENE ROBI80N as �_'��• ,■, Deputy Sheriff in and for Pitkin County, State of Colorado, with full power and authority to • aoit during my term of office, unless this app6lntment ahould be sooner revoked. Witness my hand and seal this 17th day of December A. D. 1941 Frank Brain Sheriff of Pitkin county, o era o STATE OF COLORADO, ) on. County of Pitkin ) I. GENE ROBISON do solemnly swear, in the presence of the ever - living God, that I will support the Constitution df the United States and the Constitution of the State of Colorado, and that I will faithfully perform the duties of the office of Deputy Sheriff to the best of my skill and ability, so help me God. Gone Robison G dlj, Deputy Sheriff ad and Shorn to before me, this 17th day of December A.D.1941 V� M. M. Nelharbt f FETa�lor reoor on t is 19th dayof D11o�.D.1941, at 21i YD o alodk P.M.M. TM Ne ar Boor i OINTMENTT011 bLPUTI WITH OATH. This le to Oartlf , That 'have a ay appointed, an o ere y appoint CHARLES OLSON an Deputy Sheriff in an for Pitkin County, State of Oolorerfo, with full power and authority to not during my term ot.office, unless this appointment should be sooner revoked. • Witness my hand and seal this 17th day of December A.D.1941 Frank Bruin _ Sheriff or Pitkin County, Colorado r STATE OF COLORADO, ss. County of Pitkin I, CHARLES OLSON do solemnly swear, in the presence of the ever*living God, that I will support the Constitution of the United States and the Conatitutimi of 5b9 State of Yolorado, and that I will faithfully perform the duties of the office of .n ,. D eriff 0-the best of my skill and ability, so help me God. Charles Olson apu y er U ) end Sworn to before me thin 17th da of December A.D.1941 bi. M. KeAhgkWt4 F 1•o record on the 19th day of Deo.A.D.19 1, at 1 o 0 0o P. a ar ,.eoor er. - Recorded at...1:.25........o'clock...P.�....f11a�....rZ........Y.6............... Reception No.1QNN........,,,, .._ .. ecorder. Tills DEED, Made this 15th day of April in the year of our Lord ,•ne thousand nine hundred and fifty six between STEPHEN MAROLT ..f the County of PITKIN and State of Colorado, of the first part, and WALTER B. MILLS 4 the County of PITKIN and State of Colorado, of the second part, WITNESSETH, That the said part y of the first part, for and in consideration of the sum of Ten Dollars and other valuable considerations - - - - - - - - - - - --D.11g,, to the said part y of the first part in hand paid by the said part y of the second part, the receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and Quit -Claimed, ,nld by these presents does remise, release, sell, cmrvey and Quit -Claim unto the said party of the ;erond part his heirs and assigns forever, all the right, title, interest, claim and demand which the ,aid part y of the first patt ha s in and to the following described land situate, lying and being in the County of Pitkin and .,'fate of Colorado, to -wit: All of Lots 1, 2 and the NWh of the NEI- in Section 11, 'Township 10 South,' ian,e 85 West of the 6th P. M. and that part of Lots 3, 9, and 10, Section 11, said Township and Range lying North and East of Highway 82; That part of Lot 11 in Section 11, Township 10 South, Range 85 West of i the 6th P. M. lying North and East of Highway 82, and North and West of a dividingjj line described as follows: Beginning at a point whence Cutshaw quarter -corner on ii the East boundary line of said Section 11 bears North 63 degrees 46 minutes East, 1t51.83 feet; thence North 31 degrees 56 minutes East 2198.4 feet to the County Road, and Part of Lot 2 and Lot 12 in Section 12 said Township and Range lying North and ltest' of the said dividing line described above; That part of Lot 16 in Section 1, Township 10 South, Range 85 West of they i.th P. M. lying South and West of the County Road; All of Lots 24, 25, 26, and 27 in Section 21 Township 10 South, Range 851i ,lest of the 6th P. M. and a tract of land situate in Lot 15 in Section 1 and Lot 12 in Section 2 in said Township and Range lying Westerly and South of a dividing line described as follows: Beginning at a point on the South line of Lot 15 •.:hence the S4 corner Section 1 bears South 82 degrees 6 minutes East 1085 feet; thence North 9 degrees 56 minutes West 502.6 feet; thence West 325.0 feet to the Wcst line of said Lot 12, containing 3.9 gcres more or less; To -ether with any and all adjudicated and unadjudicated ditch and water rights appurtenant to said land and connected therewith; Provided always that the ,cantor hereby expressly reserves one cubic foot of water per second of time out : of the Holden Ditch from Castle Creek and out of the water right adjudicated there to, the same being Ditch No. 429, with Priority No. 613 in the decrees of the District Court for Water District No. 38 in Garfield County, Colorado,; and pro- vided further the grantor reserves the possession of the lands used for pasture lands during the year 1955 and suitable feed lots and watering places to care for ,rantorts cattle until July 1st, 1956, but livestock are not to be kept on the part of said lands which were peed to raise hay or crops during the year 1955. \,.. M. QUIT-CLAI11 DCED. The H�ndfonl-Rabinsou Pig. Co.. Fife. Robineon'c Lc¢d HI.nFe, 1fi21 Slant Si.. U.nv.r, Colo. ( TO HAVE AND TO HOLD TUB SAME, Together with all acid singular the appurteuauces and privi leges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest an-1 claim whatsoever of the said part y of the first part, either in law or equity, to the only proper use. Ik` heirs and assigns, forever. �I benefit and behoof of the said.part y of the second part, his IN WITNESS IVEDREOF, The said part y of the first part ha s hereunto act his hand �I and seal the day and year first above written. UL) IISigned, Sealed and Delivered in Presence of II .............................(SEAL) I' � ....................... ..............................._..---..........................-....---.....................................(SEAL) ............................................ (SEAL) 3145 o liNs.po. , ...I..... .1Ql1A 7 vember ..-.....- k ...- .............. '• .{ ,,�,trr>t"srt. ffC6rdtt(fa I t(p......... .........�..... .1� 'Recorder. ' X ( j({� .]QiY� r• diode this day of APRIL in the year of our Lord oqo jhouvand ninytundred and FIFTY-FIVE : between t.A t•%.. "w'' ;' MICH1lEL J•IAROLf County of PITKIN and State of Colorado, of the first part, and 'e•JALTEK B. MILLS of the County of PITKIN and State of Colorado, of the second part: WiTNESSETH, That the said part y of the fimt part, for and in consideration of the eum of TEN DOLLARS and other good and valuable consideration - - - - - - - - - - DOIA AP-8- to the said part y of the Grot part in hard paid by the mid part y of the second part, the recoipt whereof is hereby confasod and acknowledged, be a greated, bargained, sold and conveyed, and by theta presents do ee great, bantaiu, uell, convey and confirm, unto tho avid part y of the second part, - his heirs and assigns forever, all the following described lot a or parcels of land, nituale, lying and being in the County of PITKIN and Stale of Colorado, to -wit: That part of Lot Sixteen (16) in Section One (1), Township 10 Sou_th, Range 85 ilest, 6th P. I•I., lying north and cast of the County Road. That part of Lot Two (2) in Section Twelve (12), Township 10 South, Range 85 west, 6th P. N,, lying --north and east of the County Road. That part of Lot 12 and Lot 2 in Section 12, Township 10 South, Range 85 '.-Jest, 6th P. 14.1 lying south and east of a dividing line described as follows, to -wit: Deginning at a point whence Cutshaw quarter -corner on the east boundary line of 'Section Eleven (11), said township and range bears N. 63P461 E. 151.83 feet; thence N. 31D561 E. 2198.4 feat to the county road. That part of Lot Light (6) in Section 32, and Lot Bleven (11) in Section 11, Township 10 South, Range 85 west, 6th P. M., lying north of Highway 82 and South and East of the said dividing line described next above. That part of Lots 3 and 9. Section 12, Township 10 South, flange 85 %Jest,' i 6th P. M., lying west of the County Road.' I Together with one cubic foot of water per second of time out of the Holden Ditch and one cubic foot of water per second of time out of the Dlarolt Ditch. t I TOGETHER with all and singular the hereditnments and appurteonacly thereunto belonging, or in anywise appvtaining, i 1, and the revcroiou and reversions, remainder and remainders, rents, tuaum and profits thereof; and all the curate, right, title, interest, 11 claim and dcmaod wbutuaaver of the said part y of the Amt part, either in law or equity, of, in and to the abovo bargained premissv, with,the hcredilaments and appurtenances, i HAVE AND T6 HOLD The said premsca. iabove bargained and described. with the appurteann", unto the mid part y �I mTO of the accord part, his heirs and viguo forever. And thes;drs d part y of the Gt part, for hilydc: S and hi9 " f heim, executors, and adtaioialraters, do es covenant, grant, bargain and agree to and with the said part y of the second part, his heirs and assigns, that at the time of the noxealing and delivery of these presents, he is !1!1 1, well seized of the prcmiuos above cunveynd, all of guod, sure, perfect, absolute and indefeasible calato of inheritance, is law, in feu Ij - I simple, end ha S good light, full power and lawful authority to grant, bargain, sell and convey the memo in ran ansr and (arm as afore mid, and that the same are free and clear from all former and other gmnto, bargains, mules, liens, taxes, ad i encumbrances of whatever kind or nature server, excepting taxes for 1955 payable inly56. jl . I jl Ij !I j and the uhove bargained premises in the quiet and peaccablo pousarion of the said part Si of the second part, his heirs and ms igaa, ag,,i..t all and every person or persona lawfully claiming or to claim the whole or any part thereof, the said I' •� part y of the first pert shall and will WARRANT AND FOREVER DEFEND. t IN WITNESS WHEREOF, The said part y of the first part Ira s herrunto set his hand and seal the day and year filet ubove written. f I /,,,'�a/ "../.......�,..•'. J...`^'.."'PftnLl �! Signed, Scaled nod Delivered in the Presence of ...... i • 11 i I..................................................:.......................................................,...........:....:.......................................................................Is, EALI �I I it �I 1 l I STATE OF COLORADO County of PITKIN all ......... • 1 rho.foregoing instrument has acknowledged before me this Jay of 7kElilC•-1; '-'M by, MICHAEL MAHOLT. " � ��••IDS 1Yilncws mylend and blGdal earl. J M1�y comrirpvian expires , .tv. - e o °a`• •. (/ L ..Notary Public. 11 ' - ,- �'. • •hl by dlt �ml pert- or ptreon. hem invert soars or names; It by Poison ting In rep—elalive or nRrtlnl eopaclty nr m olmmoY4.-f.rl, then in.erl Jex,iption: ItacLY omecr of /l,m ind•rt nerve of each oal... or alRerr., ns the ,•�•V • • bu.B LI b.' op ns e.ttuWr, allorn.yin•).et or other eapnellY er earyum/gun, ••t,resb4nt cr ether o(geers of each eolDarollon, naming It. e fir - NO. 313 WARRANTY OEEO-FOR PHOTOGRAPHIC RECORD —The C. F. do-4d tllnnk Uuo4 & t.itha. Co,: nanve�, Colo..u�—�_Y J Recorded at... 14.9.........o'clock.....F....11i............T'I&Y...2a....1:.957............ ............ Reception No.......1 597z. ...............FeSBY.. E...... C oti1, e.................Recorder. 1 THIS DEED, Made this Or /✓ day of M ��/J in the year of our Lord one thousand nine hundred and f if t y- s e v e n" ! between :JALTER B. HILLS of ti,e County of I-i tkin and State of Colorado, of the first part, and G. B.. Binions snu Sally S. Simons of the County of Pitkin and State of Colorado, of the second part: . WITNLrSSETH, That the said part !T of the first part, for and in considetation of the sum of "ten dollars ,lnd other valuable considerations IN3LLAHS. to the said part ;i of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha S granted, bargained, sold and conveyed, and by these presents do e S grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and being in the County of i'itkin and State of Colorado, to -wit: i t.L'act of land situate in Section 12, Tp. 10S, R. C�,- '1. off' thu c:i 11. and being more fully described as follow:';: 5-innin.; at a point on the 1,1esterly line of County Rosd whanco. ciia rb+ cot >` Corner of said Section 12 bears 3. �8tii71 rl. 1f:•1li.� i.•:ai:; thence S. 7(,"261 W. feet; thence Ii. 13°341 41. 20', fact; i:i::•,ei. :.. 7 ?i•1 300 feet, to a point on the ;iestarly ling of sniff coutity :tops]; thonca S. 13"341 L. 200 feet nlon:, tile 'Ie:.telr2:r iinr cis i.oiuity hoed to the !point of be:Yinnim-, contsinitic- 1.:•: ct•or;, r:l•c ar l:.ss - TnRCTHL+R with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part `T of the first part, either in Jaw or equity, of, in and to the above bargained premises, with the heredilaments and appurtenances. No. 7f, . n•. IMANTY DDGD—To J..int T—nt.. -Drud for.l-a..Lineon Pig. Co.. Tore. It.•Lim..n's reseal Dl.nkr, 1921.19 SWAM.. Mnvc,, Colu,..l. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said party of the first part, for hill) self his heirs, executors, and administrators, does covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents, be i n., well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance in law, in fee simple, and ha S good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the salve are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever Hind or nature, soever, and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part y of the first part sliall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part y of the first part ha s hereunto set hi: hand and seal the day and year first above written. Signed, Scaled and Delivered in the Presence of STATE OF COLORADO, •• - County of ./.�"... ............................ _............................................. .„........ [SEAL] ...................................................................................... [SEAL] } ss. JJJ 2 ..The, foregoing instrument was acknowledged before me this L day of- 9.p7. fby.4",.,:'lalter P. iiills f' "IISy'co5ith7ssioIt cxpires0.. �/� �� / /,� 19.79. Witness my hand and official seal. C. 1 �..`O 1` `.� • • o l��jIG�iGQ�:.�.....c. /���.G�<�G!G/Zl�..✓" Notary Public. IIf br is "i person or persons bete hart name or names; if by persons acting in representali— or official capacity or as nitorney-in-fart, then 1."r i name of person as executor• attorney -in -fact or other ear -city or description; if by officer of coi'porntion, then insert name of such officer or officers, as the president or other officers of such conroralion, naming it. :.t l r_: w r 1:a a E z o 0 i � r F . "-`l �-•-_`^ +r--------ter,-,.,.,,,,.r,�.• _.e_„—,,,,.,.._�., — F ' Recorded rat_.... i*,.U...,.o'cloclt...F..e....M.;....,r..@hx..U1ArS...?1....,.1958........... Reception No..._10.6.07.0... .......... EG99y...R..,,.80h1e ...................... Recorder. Hi8 DEED, Afade this day of 1 ecerflLer. in the year of our'Loid one thousand nape bundred�and fifty—seven g between C. B. SIFIONS and SALLY 9 W1011g - of the County of ant! Strata of Colorado, of the first port, and SALLY,SCHEIG.SIMONS' or the County of LJitkin and State of Colorado, of the second past, W ITN> SSETH, That'the said partLe sof the first part, for and in consideration of the suin of :'er Dollars and other valuable considerations �UDXIt6cD9t to Cho sold-pdtlieslf the first part In hand paid by tbe'satd part y of the second part; the receipt whereof Is hereby confessed and acknowledged, he Ve romined; released, sold, conveyed and QUIT CLAIMED, and by these presents do-remiao, releass; sell, convey and QUIT CLAIM unto the said party of the second part, he r hairs, successors and -assigns, forever, all the right, Ntle, interest, claim and demand which the sold part es of the first part he ve in and to the following descrtb_ed hituate, lying bnd.being Ni the County of ' ' P i tki n and State of Colorado, to -wit: Lots A°, B-i�'C and D in Block- 27, in rand to the City and*Townsite of -Aspen, Colorado together with, all improvements thereon. - Also, .a. tract of land'situate. ire Section- 12., T.P. 10 S., Range 85 W. of the 6th P.M. and beinf.:pore fully described as follows: Beginning at a point on the -Westerly lino -of County Rgad if?'lance the. West 1/4 Corne.r of said'Seotl4n'12 bears S-: 58 lZI 4. 1614e50 feet; thence. S. 76026, W. 300 feet; thence N. 13 341 W. 200.feet; thane N. 760261 Ee 300 feet; to a point on the Westerly line of said County Road; thence S. 130341 Ee 200 feet along the Westerly- line of the County Road to the point oP beginning, containing 1.38 acres, more or less. Also, any and all ditch and water rights used upon or appertaining thereto including all water rights- assigned or transferred by document recorded under No. 105073, Book 181, Page 254, Office of the Pitkin County Clerk and Recorder. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges therounto bolonging or In anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said part i e S of the first part, either in law or equity, to the only proper use, benefit and behoof of tiro amid party of the second part, her hairs and assigns forever. IV WITNESS WHEREOF, The said parties of the first part ha Ve hereunto sot the it hands and seal 9 the day and year first above written._ Signed, Sealed and Delivered In the Presence of �•••a••• ••'�-• t••••••-•••••••••-7••—••`^'!1•"'�""'•••••'-'•-[JSEAL] Opt 1 .......................................................................... •._..............................I...........................................__......[SEAL] .........:..........._...............:.........I .... ....................._._.................... >.....:............................. ...... [SEAL] STATE OF COLORADO ' ee, County'of Pitkin too. The foregoing Instrument was ac]mowledBed before me this day of A. D. 19 - 57 , by* -C . B .' S imo h s on-S. sly aommisaion•expires ' . ' ' , l9 Witness my hand and official seal. ' Y.-.• ,. % u ...:............ .:......................................... ............... ••••il4tar9 Publle. .: •Ir b'yynpp ro.l ppaPeen or persona hero wadrt name or naines f I!•by hereon noting In repreaeptative or offlolnl asgDolty or as nllornaf••In•ta P WCh Insert name of person no oxeoutor, attorneyY a- a t at- outer o"Ity or desorlption i If y ftteer or cor- I.anlh,n tires nasrt nano o[ sacs ofOco., or orpoer., as fhe pneldoat or other ofttoore of suob corporation, momina�t.—NtgIuI. N Arkaau cdyucaf, are.len Jerr. • No. 983. QD1T &AM DBED,—w.dr,rd nobineoe Pta. co.,itfo.1tobIm.W. L;mel Dlenho, rerd-aa eleut at, Danrcr, Gforedo. i(" /Z-?( /1 RECORDER% STAMP �hII1S DEED. \Cole till..?r� it" of /-/•7?,e�/G• - In tit• vow of tier l.rrttl tine ihowsunl little 1mnJted and Sixty• -%our brnrevu � . SALLY SCHLIG SIMONS ..f lhi• l'ounly of Pitkin and stale of t'.doladt. of the first p.0 I. aml "r . • , MARCAREt M. ADKINS and ROBF.RT• W. ADKINS loudly ill. Pitkin - and Slate of colorado, of the second part: \\'I'I'\l•:551?'1'11. that the Bahl 1,.1;1 y of.ill, first part, tot pad in eonsldcrlllon of the silo' of nn1'1'.KR`t; TEN ($10.00) DOLLARS AND OTHER VALUABLE CONSIDERATIONS------- • 1" Ihr raid part Y of the firm' earl in hand pnf l by the onld pardex of it,*. tire nn f par,; lilt raecifit whereof Is lu—by nnh•,.+rd and awkmalrlialµnl. ha a. Nl:uuvd, barµahml, xnld moll ruavvyrJ. and flylltv.%vyrrsrnts 111l es . /mall, h.ugain..01. convey alld tonfiru µins the "Al parties of the second part. their hells and nsAwls hg"er, not _ ill Irn.mej ill. Vann...... but in fahrl tenso'y, all the following Jeseriturl till or pnrtrl of Innd, sllttnle, lying lad brioµ o tit, County of Pitkin and Slot. of Io Wit: . • 1 A tract of land situated in - Lots 3 and 12, Section 12, Township . 10"Swth, Range 85 West ,,'f the Sizth Principal Meridian, being; a portion of thnt certain tract of land* described in Book 183 at pale 271 in .the office of the Pitkin County Cleric and Recorder, described as follows: Beginning at a point on the westerly line of. County Road whcne the West 4 Coiner of 'said Section 12 bears. 5..58017fW. i614.50 feet; thence S: 760261W. 177.70 feet; thence N-. 250141W: 204.22 feet; thence N. 760261E, 219.00 feet to lI point' on.the•westerly Line of said County Road; thence S. 13o341C. .200.00 feet along; westerly line of --'said County Road to the point of beginning. Containing 0.91 acrmore or less. T001•: 1'lll?It w111, nil and shlgulnr the herrdilameils nod appurkonoc Iherrunlo helouging, or in anywise al9ir, Ipiniaµ, Idle rcvrr.+ion anJ river.+fans, rrmaindvr and renuinsl r ,rents, .lsnuve and profit. ilwreoh will all the � estate, right. title, iolrrrst. claim alial demnud wlinixtiv— of d"' said part Y of the first part, cilher kl law of Muit•, "I. in loll la.lhr id,ovt• bargalned preutlses, witlrlhc heredilamenlp and npparlrnmlrrs. TO 11A\'R AND 'I'll 1101.11 the said;pn•mises above b:ugahwtl and JneribeJ, with Ihr tiptirta•nanres, unto the said panirz of tilt second part. lhvir heirs and -Agns forever. And the said par( Y of the first part. for her self , heel'°Ira. executes, nnJ allmi"isiralors rlo es rovennol. grant, l,.irg.dn and agree It. nod With tiro said parties ..f Ihr s.•r.od part, their fobs auJ nssiµns: 111.1l a1 the tin -of the e.waliug nu I drlir•ery of thew presents %Veto sri:rd of Ihr preulizvs ill ve cmn•ryed, as of Rood, snre..petfert, nlwdule And indefensible estate of blhedwoce. 1. I."a•, in fir .bupte..,tit In s good right, full pnwrr nod lawful 111111orky to gri 1. bnrtmin, sell and touvvy the snow In ni.morr and font aforrsaid• coal that the ":tole are free and cleat. frog" till fol'orr and other µrant.• bargains. sales. liens, 1.Ixez, axrrssmrut.a null etleombrl tiers of whatever kind or nnture slaver, .. •• except 1964 taxes payable in .1965 au.l Ihr shave 1—gamed pmni.rs ill Ihr gltiet nod peacr:dd.• p. —ii. moo of•th.• s.dd parties of ate second pawl, their heirs mull ay.iµus. nµafnst :dl and cr'r•ry person ,, persons lawfully thlfmdug or to claho the whale or ally part Ihcrtaf, the said , paai y of the first parr 4a11 and Will WARRANT AND 'FOREVER DEFEND. � I\ \\•Ill-MRUfr the ".rill party trf Ihr fir all has Iterrnnlo set her an.l :u1J ­1 Ihr day ."it yea, first ahow written. ' Sig—J. Srakd and nrlieered in lily 1`rraruer of r t'ousty P.i of 1n ;rho herµoiuµ iumfuub"t war ac4uoavlavlµed before lie this I `Ad,ly a( ,"',a: ! ••' �' . Iv64b1a SALLY SCHI:IC SIMONS Mt cS, ulie.iou empua•. 4 � 'l .1 1`) 4, 5". \\'hoes" ally laud and official yral. \ � r No. p21.-n'..\IIR%X!ry IIRY:II: Tr 3.1w re ... I... 11-Il.4 ltnWuwn l`rinlluf<I•emla,n,ISM-4/al•nll Its—k. 11r.0-11.1.•mda • •Ir bl allgpiIln•nr1 li,.rA4r nr 1•NrN1.11N lvoo, In-1 In. n or Ir..I0i It by y !.tall Ila•INS I., rrrr prrr..11M1l1\'N r n(tirinl enpnelly `r as ' all1••t.� , n Incl. I..+rt 1 I.:Inlr• ,.( I'l•'.."`, 11{{r arr•I 1,•r nll..nrryIrl-fA'•, .r all er raparfll •Y •1.-Nrrlpllrrr i 11 1•I' •t llrer r r '. 1(.rall,vr. piers Inset a ....... yueh rtfln•r ar nrrl ry•rn tin Ill" pn•Nblrn{ Nr ether offlrrn .Y nlrlr 0•rl•an.m••u. n.uuhulr llf z•atuf.•rs 1 r'•`L•":ril...rnrr. xrr. 115 u 1 r',•Iprmlr Ilia Lnal it; oll'n 14!a Haeerded a� 9 s 25 . �o,do A �y[ September 5 , -1975 Reception 'No_ �- ;r` �-,lt l2...... ......Zu�1Q liflslK ..... ' :_...Lilco %tCK"02 PALE `1 'm9 DEED, Made thls (� r day /SeptetObt 75 I lye bet -eat MARGARET M. ADKINS- and ROBERT - W. ADKI.NS Box 768, Carbondale, Colorado 81623, wife and husband of the County of Garfield and State of Colorado, of the first part, and JAMES L. HALL , Box 3161, Aspen, Colo.81611 of the County of Pitkin and State of Colorado, of the second part: UMMUMAU S P a PAID WITNESSLFr , That the said parties of the first part, for and in consideration of the sum of Ten Dollars and other good and valuable consideration M"M to the said parties of the first part in hand paid by said part y of the second part, the receipt whereof Is hereby confessed and aelmowladged, ba Ve granted, bargained, sold and ec-tveyod, and by theme presents do grant, bargain, sell, convey and confirm, unto the said part y of the second part, his heirs and ssaigns for- ever, all the following described lot or parcel of land, situate, lying and being In the County of Pitkin and State of Colorado, to wit: A tract of land situated in Lots 3 and 12, Section 12, Township 10 South, Range 85 West of the 6th P. M., being a portion of that certa tract of land described in Book 183 at Page 271 in the records of th Pitkin County Clerk and Recorder, described as follows: Beginning at a point on the Westerly line of County Road whence the West 1/4 corner of said Section 12 bears South 58e 17' West 1614.50 feet] thence S. 76e26' W. 177.70 feet; thence N. 25e14' W. 204.22 feet; thence N. 76e26' E. 219.00 feet to a point on the Westerly line of said County Road; thence S. 13e34' E. 200.00 feet along the Weste ly line of said County Road to the Point of Beginning. TOGETHER with all and singular the bereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the said part iCS of the first part, either in law or equity, of, in and to the above bargained premises, with the heredliaments and appurtenances. TO HAVE AND TO HOLD the Raid premises above bargained and described with the appurtenances, unto the said part y of the tT.TV rt, his heirs and assigns forever, And the amid part ies of the first part, for them selves / 'he m,, executors, and administrators, do covenant, grant, bargain, and agree to and with the said part y of the second part,his heirs and assigns, that at the time of the ensealing and delivery of these presents,they arewell seized of the premises above conveyed, ea of good, aura, perfect, absolute and indefeasible estate of inherltamce, in law, in fee simple, and he Ve good right, fu;11 power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free. and clear from all former and other grants, bargains, sales, pens, taxce, assessments and encumbrances of whatever kind or naturesoever. , except general taxes for the year 1975, and thereafter; reservations and exceptions in Patents of record; rights of way and agreements recorded in Book 162 at Page 172, in Book 181 at Page 254 in Book 184 at Page 435 and in Book 206 at Page 560; and inclusion in any special taxing distkict; and the above bargained premises in the quiet and peaceable possession of the said part Y of the second part, his heirs and assigns against all and every person or persona lawfully clolming or to claim the whole or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND, IN WITNESS WHEREOF, the said parties of the first part he ve hereunto set the Land9 and neat s the day and year first above written. ,. .. ............ (SEAL) ....................................................................................................... tRe M. Adkins :....;......................................................................�........ (SEAL) .. .. L ........... SEAL ST T'E OF COLORADO, W. '� ' C,-4� Pitkin ''',,, 7'ha.(q�`gohip'I" ;iit was acknowledged before me this " ` dap September 19 75v�byR ?4r A ins -and Robert W. Adkins, w e and husband fioj°� U "<'i!Dr'V • t (t , 39+%,b , W my hand�ici�al�sea�l. '�>� " �'. •le. i' � :-<< ' , i/_�_._.. No. 0l2. Y.Mkitim a.., fare•" at..t st...t. Darer, Ool—& —1t-7e DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE �'0 c U THIS DEED made +4 19 1994, by Robert C. Hutton as n Personal Representative of the Estate of James Louis Hall, Deceased 0 ("Grantor") granting to Robert C. Hutton, whose address is 901 c x Waltermire Street, Belmont, California 94002 ("Grantee"). N _j A WHEREAS, Grantor is the qualified Personal Representative of m the Estate of James Louis Hall, Deceased, District Court, Pitkin n County, Colorado, Case No. 93 PR 29; and w o 01 op WHEREAS, Grantee is entitled to distribution of the hereinafter described real property. H A THEREFORE, Grantor conveys, assigns, transfers and releases to Zr� Grantee all the right, title and interest held by James Louis Hall 0-, U. in and to the real prgtiprty known as a tract of land situated in z _V r Lots 3 and 12, Section,-12;—Township 10 South, Range 85 West of the 6th P.M., being a portion of that certain tract of land described { in Book 183 at Page 271 in the records of the Pitkin County Clerk c� µ �- and Recorder, described as follows. Beginning at a point on the m westerly line of county road whence the west 1/4 corner of said X v Section 12 bears South 58'17' West 1614.50 feet; thence S 76'261 W n 177.70 feet; thence N 25'141 W 204.22 feet; thence N 76'261 E e`a] 219.00 feet to a point on the westerly line of said county road; m thence S 13.34' E 200.00 feet along the westerly line of said n a— county road to the point of beginning, subject to all restrictions, X o reservations, easements, and instruments of record, also known by a -n street and number as 725 Cemetery Lane, Aspen, Colorado 81611. M Executed / , 1994. �O H 67 (n M Robert C. Hutton n Go`c K�ao Personal Representative 0 STATE OF CA==*0RX;1A ) 0 y,77e-,,/J ) Be ; n0 COUNTY OF !VrO) o 0 T foregoing instrument was acknowledged before me i4/y� 1994, by Robert C. Hutton as PersmnaL,,, Rep esentative of the Estate of James Louis Hall, Deceased.,c'lu01o�'%, My commission expires Witness my hand and officiall �utarybli hel1\doee\deed.01 729 Cemetery Lane Ironwoods (a Condominium) Chain of Title Initially follows the same chain of title as 727 Cemetery Lane: Deed 181/253 105072 05/02/1957 05/02/1957 Walter B. Mills to: C.B. Simons and Sally S. Simons (1.38 acres) Deed 183/271 106070 02/21/1958 12/-/1957 C.B. Simons and Sally S. Simons to: Sally Scheig Simons (1.38 acres) Deed 206/562 117602 04/28/1964 4/27/1964 Sally Scheig Simons to: Walter B. Mills (.47 acres) Deed 577/136 305433 10/31/1988 08/23/1988 Walter B. Mills to: Paul B. Rodden and Walter B. Mills WD 588/63 309763 Certificate of Limited Partnership, 5991498 314129 729 Cemetery Lane (Ironwoods, Unit 729) GWD 643/403 331632 GWD WD WD Deed 444676 464796 03/17/1989 03/17/1989 Paul B. Rodden and Walter B. Mills to: Slam Dunk Development, Ltd. 08/15/1989 04117A989 Slam Dunk Development Ltd. to: Aspen One Investment Partners 04/ 08/ 1991 04/ 02/ 1991 Aspen One Investment Partners to: Frank Deluca (Ironwoods Unit: 729) 06/30/2000 06/29/2000 Frank Deluca to: Robert N. Jensen and Kristin O. Jensen 03/07/2002 03/07/2002 Robert N. Jensen and Kristin O. Jensen to: Gabriele P. Weinglass 544878 12/13/2007 11/26/2007 Gabriele P. Weinglass to: The Gabriele Pepper Weinglass Trust 566821 02/05/2010 01/25/2010 The Gabriele Pepper Weinglass Trust to: Andrew Katz and Deborah Katz 729 Cemetery Lane (Ironwoods, Unit 731) GWD 719/192 359281 07/23/1993 07/22/1993 Aspen One Investment Partners, Ltd to: Jere C. Blaney and Deon M. Blaney WD 392971 05/24/1996 05/24/1996.. Jere C. Blaney and Deon M. Blaney to: Sharon Jefferies and Boyd Jefferies WD 478450 02/07/2003 02/07/2003 Sharon Jefferies and Boyd Jefferies to: Chester B. Salomon and Arlene Lidsky C �•�� filed for record at 11:55 Pes�•y April; Coble, Recorder Reception No, 117601 A (: R F. F M E N T THIS AGREEMENT made this 7 day of 1964, by and between SALLY SCHEIG SINCNS, hereinafter referred to as Simons, and WALTER 13. MILLS, hereinafter referred to as Mills, I-IITNESSETH, 11HEREAS, Simons and Mills are purported to have entered into an agreement of sale and purchase dated October 8, 1956, and WHEREAS, Mills has conveyed certain property to Simona in accordance with the said Contract of Sale, and t211FREAS, Simons has paid to Mills the total purchase price for said property, and WHEREAS, certain disagreements have arisen i between the parties with regard to the contents of the said contract, and :1HEFEAS, the parties hereto wish to reconcile any and all differences by this agreement, NOI.' THEREFORE in consideration of the mutual covenants and agreements the parties hereto agree as follows: 1. rhat Simons shall reconvey to Mills a portion of the property originally conveyed by Mills to Simons, which property shall be parcel 2 of the plat attached hereto and incorporated herein. 2. That dills hereby releases any and all claim or right against Simons, her heirs or assigns, arising out of that purported agreement of sale and purchase dated October 8, 1956. 1:1 ':)ITNESS h7HErEor the parties hereto have hereunto (;et tl3eir hands and scats the day and year first al)ovc written. Sa y ne yzmons i I.,a i�4 ors Ga/ .Se C. BOOK2106 PAGL561 4 9r• \Z ti [ Z p3 too A) � N b (0.47 \�\) i a'G ;o inp SALLY S. S/MOMS' Pr20Pnfry alAzeaw %/1 40A9 Jame /?, /hs 40AA y9;!79 � Pi%Ein Coup/y, Co/arar/o PAJ16�4 T - A enact of land .,hunted in Lote i and 12, Section 12, 7ounihip 10 Swath, Rar+�. e R5 1<te.e1 0 AC Si -VA Mine pat II;C4Zl<an, being a poralcvn of that ce,r fain .bract of tMd dedCAibed in !Book ice-- at page- 7/ in the off ice of .the Tithin. (ounly CLonh and RecomdeA, ;ia 6 7 L �u�o: Beginning at a puini on the ,,,a14FAZ Line of fount, Road Aence the !+/eat # (uanea o aaid Section 12 bca� S. 8°17' Il. 776Myf0 feel; Thence S. X".9 4 �7 f ea; thence X. 2S'14' 1': (. 22 f� .thence A'' 76"dS' L. 219.00 feet 10 a point on the aeatenll tine of 4 CounXy Ro , 1Aence S.1?'.14'f. 200.00 feet along. r,AteA.lq Lirie of daid Cawuty Roar! to the x�int. of bbe.gAnninr1. Con fain,ng 0.97 acne moai on, learn. 1',b?(ZL - ,t tAact of Land .ti imled in Lot 72, Section 12, Toa whip lU Suufh, Range 85 Weot of .the S.Lwth PrtuAcipal Menidam 6eeng a pon�u�n of .(hat certain enact "f tand deeea.ibe.l .tn llouhi 3 at page,z / in Ae office of 1%xe i'i t/ in Co azi y C.lert/t and Recondea, ebel of Lfeq wweg a1 a point on the-dmdAen.Gy Lino o .paid cea.tain t4aet of Am whence" .the SouA- ea �t 0,anen thenco f bearte A: 76°X" 6. 177. %0 jeet; thence S. T6°e1i' W. 122.30 teet hi the Sou1/uiwjtCoaneA of 4 ' cea.lain #pact of loud; .thence N. 1)° ' W. 200.00 ,,ec.t Lo de NurtMwe-ji (o,eneA of said ceA.f 4wa o f .(and,• thence h: �6*'A" (`,81.00 feel 2lon .the nn4e Aeaty .line of paid certtaia taarE o Land; #hence S. 25°l4' 204.22 fee.( to the point of beginning. Containing 0.47 arAe none o,t teno. %teem A!. Ba lagh � Re�. 'd Swt.veyoa f e7�nuaay 11. L9G4 iii THIS DICED, Blade till. r 7 2:' lay of f In the year of our Lord ono thousand nine hundred and S ix ty- fo ar Lotween SALLY SCHEIG SIMONS' of the I Coiluty of Pitkin and State of Colorado, of the first Dart, and • ' WALTER B'. MILLS ' of the Countr,of Pitkin, and State of Colorado, of the second part, - WITNESSE9'H, That the said party .of the first part, for and In consideration of the sum of , TEN ($10.00) DOLLARS AND OTHER VALUAkta- CONSIDLRATIONIS DOLLARS, to the said part y of the first part In "hand pdid by the sold party of the second par , the receipt whereof Is hereby confessed and'acknowkilged, Im a romised, reloased, sold, oonvayed and QIIIT CLAIMED, and by those. preeants do esromise, release, Bell, convey and QUIT CLAIM unto the said purty of the second ,part, his halve, successors and nselgaa, forever, all the right, title, interest, claim and demand which the said girt y of the first ppti ha .a ' In and to the following described . elitist., lying and being In the Conti, of Pitkin and State of i Ctolorndo, to -wit: A tract of land situated in Lot 12, Section'12, Township 10 South; 1 Range85 West of the Sixth Principal Meridian, being a portion of i that certain,tract of land described in Book 183 at page 271 in the Il office of the Pitkin County.C.lerk and Recordeg, described as follows i-Beginning at a point on the southerly line of said &ertain tract'of land whence the Southeast corner thereof bears N.76 261E. 177.70 I feet; thence .S. 760261W. 122.30 feet .to the Southwest Corner of said certain tract of land; thence N. 13034'W, 200,OO.feet to.the Northwe t Corner of said certain tract of land; thence 13.76o26'E'. 81.00 feet ! along -the northerly line of said certain tract of land; thence S. 25 14'E. 204.22 feet to the point of beginning. Containing 0.47 acre 1 more or less.- I TO HAVE AND TO HOLD the aaraB, tagether with all and singular the appurtenances and privlletros theraunto belonging or In anywise thercunlo nppartatning, and all the estate, right, title, IntoreaF and claim whatsoever, of the Bald party of the first part, either in law or equity, to the only proper use, benefit and beheof of trio said party of the second Dart, his halm and stallion forever. IN WITNESS WHEREOF, The said part y of the first urt has hereunto set her hand and seal the day and year first above written. Signed, Scaled and Delivered In the Pt•osence of . .._.. ....... ... [SEAL) .............. ......... _......_....... ..... ..... _._ ......... ...... ... ........... [SEAL] l.......................... :....... .......... ,........ [SEAL] II STATE OF COLORADO, j County of Pitkin 1 Th. foregoing Instrument was nelinowledg.d before Ills this, j 7J3� day of A.'D.'16 64 , by ' SALLY SCHEIG SIMONS My commission, expires e�+�i..,a 2 h , 1p 6_4 Witness my hand and official anal. v t. . - r;. f ll.enrr pnu1.. •If by natural pp 'on or Dor i hero Insert name or naps: If or Tfareaa n Una to repreaan Uln's nr nfrl.b, oenaeay or ex attorney-W-too than I..nrt nam of person a eeeuWv. k amo7 in -fiat d otnor paolty or daeorlpttlIo It br of[taar o[ mr. Duration U»n I ea t name f nuah af[ mr or offtaon, no the Draaldonl or other ofUaera of such, onrq,rnllon, naming IL—afatvlorV Aekno,p�edvmenL j...I' riai. ' No. 983. QUIT CLAW • DSYD. —.radiant-ltablp.en Printlns Cempaoy, uu-a swat B% a t. Dmreo Calamdo t rj Recorded at o'elocl`_\l., P001f 577 PA6436 ReceptionNo. / — Recorder. — — ---_ --- THIS DEED, Blade this 23rd day of August REcoROER'ssTA31P 10 88 ,between WALTER B. MILLS � v of the County oi' Pltkin and State of Colo ` r" t~l redo, of the first part, and PAUL B. RODDEN and r O WALTER B. MILLS whose legal address is 5460 E. Mansfield Avenue, m y of the City and a" "' J L •. Countyof Denver and State of Colorado, of the second c>D W ► •: part; WITNF.SSETH, That the said party of the first part, for and in consideration of the sum t of Ten Dollars ($10.00) and Other Good and Vnluable Consideration i ` i Dollars, to the said party of the first part, in hand paid by the said part y of the second part, the - receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and con- veyed, and by these presents does grant, bargain, sell, convey and confirm unto the said Party , of the second part, his heirs and assigns forever, all the following described lot orparcel of land, situate, lying and being in the Countyof Pitkin and State of Colorado, to wit: That certain parcel of land described on Exhibit "A" annexed hereto and Incorporated herein by reference. /• I• i NO DOCUMENTARY FEE REQUIRED (Consideration less than Fiv H rired:1lollars). OM�JC7U 1 also known as street and number F Together with all and singular the hereditaments and appurtenances the anywise appertaining, the and reversion and reversions, remainder an remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of tho said part y of the first part, either in law or equity, of, in and to the bargained (a above premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said Cal premises above bargained and described, with the appurtenances, unto heirs and assigns forever. the said party of the second part, his p (. 1 And the said j party of the first art, for himself his p heirs, executors and F administrators, does covenant, grant, bargain and agree to endwith the said party of the second part, his heirs and assigns, the above bargained premises in the quiet and peaceable • ,, possession of said party of the second part, his heirs and assigns, against all and every I person or persons lawfully claiming or to claim the whole or any part thereof, by, through or under the said party of the first part to WARRANT AND FOREVER DEFEND. { IN WITNESS WHEREOF, The said party of the first part has herounto set his hand and seal the day and year first above written. ; Signed, Sealed and Delivered in the presence of EALI il'al KB. A Its (SEAL] STATE OFCOLORADO, [SEAL] ;'� Cityand County of Denver xx _ 2, The foregoing instrument, was acknowledged before me this 23rd dayof August 19 88 ,by ]PALTER B. MILLS. . _ My 26mmispl6n expires ,November 13 ,19 89 . Witnessmy handand offletsl �• - 4D.,ns D. Kell x.�.r,ratue• Ne.I6 aPL('IALIrAaRA.l7Y eELa--ar.dfgJruIIAAI.rCw•IFSI./tS/onlSlreal.amre., C.tere1sa73d011/I1.77 r' 0 � 4 1 -, Boa 577 mJ37 EXHIBIT "A" A tract of land situated In Lot 12, Section 12, Township 10 South, Range 85 West of the Sixth Principal Meridian, being a portion of that certain tract of lend described in Book 183 at Pago 271 in the office of the PRkin County Clerk and Recorder, described as follows: Beginning at a point on the southerly line of said certain tract of land whence the Southeast corner thereof bears N.76°261E. 177.70 feet; thence S,76°26'W. 122.30 feet to the Southwest corner of said certain tract of land; thence N.13°34'W. 200.00 feet to the Northwest corner of said certain tract of land; thence N.76°261B. 81.00 feet along the northerly line of said certain tract of landl thence S.25° 141B• 204.22 feet to the point of beginning. Containing 0.47 acre more or less. l , __�, v.,•a.......,ro..eul.�cr..•�,,:YJli�l•,.V..I r.W,Ll. r la1,V1VVV al i""l Receptlon No � I' 1 - SILVIA DAVIS PITKIN COUNTY RECORDER nt�l 5!l r': 1Jti ..r.t V t� Ot� AI, ullul M.a.i14r Zc Tills IIEl:Ir, ?IrtJe lhll rinl ,Iq'uf .tax,„1 4. It 18 ,IflTctn 11.\I.l l'I, It •111AS t etO_a.} of ll.e l'ounlyaf Nall,an•I Sta4•.ft'.,h•� t•d • .•, LL'LL¢l� nJga.11hr6utput,nrl PAW, It.IIIIDIU:\ .'A •y C)1-. 11'.11.11tit It. \111.I5 tom• tq q• rho•n lrenl a•Lhr.ar Ilan 1, rlrn field .lrinal - •q i� W C) •; frJ line City and L•_OPClynl Ucul,•r aryl Rlat,oftblornlo. of theaceand Part; WITSK83tt111,Twtht"Idp.rrY efrhe Dnt Mrl. found lntemWrulonefthesum of ton I,nllars 9111.001 and 011.1 tlwd and tut"TAC 1 •rnldty.11M IolMsald wh . , lhsalf dp�fMarand itt.tohererlptahhereby aukaeJ nIaI.1wl•l1eLJyath[yeJ, blneJ, sold and ten• t'ya ndbyIh 6, bar,,.,,sel•aer.,itn anflrm unto the tali Ior%y el lheottond Part, his 41'. and Marrs■ ferrrer. an the fo8edndote rlbcd et or MreA Of land, dluHe, t)in[and helnRln the Courtrai Pfltlu t anJ State of Cehrsfoi lowllt lAtl certain immel of land described an F.04till W on"xcd hereto and 1wwFwAtcJ Mreln by reference. T 1 NO DOCUMENTARY FEE REQUIRED (Cowiderellon Ica umn rim hundred Ool01n). .II :� �, d"anown ar alreel and number I OCT I� 1 .6w TaRlMrwllh all and dngulu lM Mre111Mrsenlundoppu,lenancu T Muriel" appergMY+g. and It. r*VM$fn and rarenbn4 rrmaln an n iI Iwueo and preflla tMroofl Mud W It. Mato. right, till.. Interest. clalm and de..nd rrfata"rier. - oflMwldparty oftMfirst Put. either Inlaw orp�N�t ulty,of.In►ndtotheaMr}aI;Q _ Pnmisoo, d1h the hendit.m LS and Tipp ---hoot TO HAVR AND TO HOLD thissaid I _ pr,rslwulMre b■rg.Inod.nJ detrrl►od, wllh the appurtenant*, unto ll lhtldd Peety eflMIwn "dpot. Ma holesAnd 664cdo faro,,, II. Partly efrha Orrt pard,for himself , his holes, _ ".Int.trele dad "anal *pia""7laei W .•.; +� Ir eN "variant. ptoral"s In the sold pard��w sannt ppaart. No Mln and awlgnh lM aM,e bMraslned remlaw le Ina ulleeii Iatp"bn at told party of the wand part, hu . Mln and yalual aY W Q� %woon a Pao Pas, *ally either fir t or c the ANT or any pyaart11 toe4y thwph or .atldwlMl.ldparly oIPTho"l rife WARRANT AND roRRYCR D6IiIto �I rN Nlitlt/81ryIRALOI;TM sal+jolly efMr Ant part Mt MreunteM his toll* W".I IM day and year flnl above written_ h % r Srwd.BoaladwWDoll,e"dlnthtprtanceo a sf/E ALI �I -ff{ _(86AL1 •-- I86A L): TATCO►CULOAADO, sa CIIY andBCwelret Denver., II II :•' ± TaefNeaaIV lYlreaNal�.1 Na...lrtre/a,fN. t.r 1■la 27rd /.jai August 11 Ip ,ar KAI,TRR IL MI AX II �e3.. II 1? r Z�ve ;I .�lrw..dal.u.pu. NoVtmbr Id ,It Ifs ..'IlaneryMMad.f`hlal� a'L - ,1,♦ d II fa.M we.lu.uum.t..-.,..r..,n,u�..r•.uu nw.n rrn,tn....n...t.,,u wn.nN S I 577 137 i44 rxilinir -,A-- A loci of lend III-4ted 14 Lot 11, Sealen If, To.Athip 10 63 Keel Of the 31%1h Pd-led Aferlit..' on of Mal retaintract of land described In Llaqk, 113 11 office .1 the Pithl" County Cl"L "A Recorder, deletibed me fullawu neeln"Ing at k PAAI all f1k. sauffiffly Itno of 5.16 certain tract of iffinj "t"n"' 'h* 3041h*611, Mnor U*rt9f bows H.Ifaj4.& I 71.14 feet# thatift real to the 8ftjhW41I Of 6,014 certain tract of 14%di thopite N.13.34,W. 100.06 (a@, 10 the Northwest Q*"w ofNWcwtsla tract of MWJ thence N-19*U'L 11'64 feet &W" thO Mdbwlf z I4f of said e*4&j" tact at &6FA Uwac* &W IM 2kj3 (got to the p*1ft1 of beginning. contAkliaw 0.41 acre "M or lees .2 'to' 303 CERTIFICATE OF COPY OF RECORD STATE �F COLORADO, County of . ....... ......................... A, .......................... .. .-.:. M. .. County Clerk and Recorder In and for said Ca e� County, In the Slate aforesaid, do hereby certify that the foregoing is a full, live and correct C'.O.pu 5T1 as the same appears upon the records of my office. tti�Given under my hand and official seal, this ......... ............................. day of A, S 3" - ... - A. D. ig-91 .. o'clock p ..... M. 314) .. . ............. ......... IN I w F41M NO. 1 Rnonitl al o'clock �).. Ii- 81 WARRANTY DEED Paul B. Rodden and Walter B. Mills whose address is Lincoln Tower Building, No. 1200 V h d1I Denver, CO 80295 , d � .Q 12 coax 588 PAGE 63 3097.63 SILVIA OAVIS rtam�,, PITKIN CNTY RECORDER O =1 —y- -Maie at for the consideration of HaR I fi z9 pH t89 and other valuable - TM - dol1ars/InTA}J1F1 )ttjj3Pscll(s) and convey(s) to Slam DUhk Developnent, Ltd,, a Colorado Limited Partnership whose legal address is P. O. Box 11604 Aspen, (b 81612 -eOWntyrof--=Fstwzc f The following real property in the County of Pitkin and State of Colorado, to wit: A tract of land situated in Lot 120 Section 12, 9bwnship 10 South, Range 85 Wlest of the sixth Principal Meridian, being a portion of that certain tract of land described in Book 183 at Page 271 in the office of the Pitkin County Clerk and Recorder, described as follows; Beginning at a Point on the southerly line of said certain tract of land whence the Southeast corner thereof bears N. 76026' E. 177.70 feet; thence S. 76026' W. 122.30 feet to the Southwest corTuer of said certain tract of land; thence N. 130341 W. 200.00 feet to the Northwest corner of said certain tract of lard) thence N. 760261 E. 81.00 feet along the northerly line of said certain tract of land; thence S. 25014' E. 204.22 feet to the point of beginning, 4bgeVter with that certain Easement recorded SeptaTber 1, 1988 in Book 572 at Page 384. • with all its appurtenances, and narnmi(s) the lille to the same, subject to general real estate taxes for 1989; U.S. Patent Reservations recorded ,Tine 16, 1894 in Book 55 at Page 45, and the. terms, conditions and Obligations in that certain Easement Agr nt recorded tenUer Sep1, 1988 in Book 572 at Page 384. Signed this day of March , 19 89 Pa W ter s STATE OF COLORADO, }55. County of PA1,IJ The foregoing instrument was acknowledged before me this* 11 day of March , 19 89 by Paul B. Rodden and Walter B. Mills. My commission expires 5-3 a -�9 Witness my hand and official seal. Y o�rNRY� p nn�� : 1. o RtW tw[nCrt, Ip�'Qlly and: b..s..- .s3. . - 01 rl�l`�r �" - iiiawow.�..--- - II N0,1971atfw.S2•e5, {1.ra1LAMY DIED(sh.1 Toro) BrdfuJ l�Ni�htnr. srss N: eh AI�Ir+wJ.COlOtll-IJOI)7Ji WOD 3-/7 ._ �I ji L, (" _ r RT. f'•:i,i N. •1tuC:• CERTIFICATE OF AMENDMENT OF Alf., 20 :20 pO p {y' CERTIFICATE OF LIMITED PARTNERSHIP -' JI W i ;1: `NRh'0a OF A SLAM DUNK DWRLOPMENT, LTD. A Colorado limited partnership THIS CERTIFICATE OF AMENDMENT of Limited Partnership of SLAM cccc ��� DUNK DEVELOPMENT, ^ TD „ a Colorado limited partnership, hereinafter the "Partnership, is c executed in conformity with Colorado Revised Statute 7-62-202. aao o Name of Partnership.- The name of the Partnership is Slam Dunk Development, Ltd. W E1 IQC 2. The Date of Filin of the Ori final Certificate: The date of filing o t e orig na certificate t was March 16, 1989, p 3. The Amendment to the Certificate of Limited Partnership n is as follows: Cr. `L a. Name of Partnership: The name of the Partnership is Aspen One Investment Partners, Lima.ted, a Colorado limited partnership, 'U W b, The Name and Business Address of the General Partner; The name and business a dress or the Genera Partner is; el Douglas hoiser 450 South Galena Street Suite 201 Aspen, Colorado 81611 IN WITNESS WHEREOF, the General Partner has executed this Certificate of .amendment of Limited Partnership, GENERAL PARTNER Douglas Weiser STATE OF COLORADO } } ss. COUNTY OF PITXIN ) The foregoing Certificate of Amendment of Limited Partnership for Slam Dunk Develop ent, Ltd., was acknowledged before me this Recorded ate o'clo�l A-M� IS � l a� Fceceptlon No t l— N 1 SILVIA DAVIS PITKIN COUNTY RECORDER ta-l—a -- . VR 4 ewes 599 pv-499 day of April, 1989 by Douglas Weiser, and affirms under penalty of Perjury* that the facts stated herein are true to the beat of his knowledge and belief. Witness my hand and official seal. 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V691 19I aunl paptoaat lualed sa1e1S pallull uT paureluoa se suojldaaxa pus suolleAtasag Z •olgvhd to anp laA lou stead luanbosgns lie pue Z66T ul algv4Ed pue anp 166T jmg aTp toJ raxeJ. '1 :oNIJdHOXH aMV 01 J auMns awes agp op allll slueuem pue saaueuapndde slr lie gpmm . Oft., {WSI C,S s u 10s w i d �a N n Tj 0 nn m D. OQVRO•I00 d0 Invi S 'Nmad d0 dJ.NOOO 1% How IV ZLS 'XOOH NI QHQIIOJEM J.NHWHSVH NI HIH03 ME S SV 'SHLUILM > MUO QNV ONICIIA02Td ROtI CINV SMEM'SSw DNI1[Od J.NHWHSVH HA1SMOXH -NON V HJJM'dHHJ8'JO.L'OCNXO I00 d0 EMS'NI]LL1d d0 uNnoa-L—cZ—r HOVd IV 91i 9 X009 NI GgCMOOHH NOLT.vxymHCI WOINinquuOO HHJ• Ni QHHIZIma QNV aHNIdHQ SV CiNV (` � / gJVd.LV I r X0011 L.V'Id NI GaCrdO2)32I dO"Effi . dVW NnINIMOQNOO HHJ. 01 ONIQl1000V `(WIITNIWOQNOO V) SQOOMNow 6zL.LTNn m :lrm of :opetoloO Jo ale1S 'uPl1!d!o RlunoO aql ui Aliodwd lest SulmolloJ 2tp ' —C/°//8 O '"'plc `�bY.' x°9 .0C srssatppeasogm %10 '(s)a 1—D se 'VOnZgQ XNVgd of shAuoa pue spas Agataq 'pled pueq u! 'uo!lwapisuoa b y yn aigenim pue poo8 taglo Pim (owo1$) S11V 1'IOTI NH.L 301 '(s)toluet0 se 'dIHSHR L-dVd �I 4H.LTWI1 O(IV'HO'IOO V 'QHJJWI'I 'S21HNJ.2TVd J.NHWMANI HNO NHdSV x tf t ^o Q did a Q 11918 opE1OloO'uwsv 13011S u1e111 Issw o09 La WH PUB PIFOHOH -- ' •bsg 'Al!epJ 'O tngltV 0 . H :01 X2IIL RK CEIGHOOwli NwHM K :xH U11M. om oNluawwa fib+ M rn• � ro •oNuolldaoag T7 0 .AT Xoola,o le paptoaag £Ob 00.96S :3dp ',halo A}ua uT;RTd 'sTAep prATtg 9d £b9 ,yQ oo•tjTg �aTp BbrOT T6/T3o/b0 Z£9TE£tt W taptom)j 'Jr, . a.s.31631 V4/08/91 10148 Rac $10.00 BK 643 PD 404 Silvia Davis, Pitkin Cnty Clerk, Doc $96.00 Signed this day of April, 1991. ASPEN ONE INVESTMENT PARTNERS, LIMITED, A COLORADO LIMITED PARTNERS 1P Ey DouglasJ. elser, General Partner STATE OF COLORADO ) ss. COUNTY OF PITRIN ) The foregoing General Warranty Deed was acknowledged before me this o2 day of J. April, 1991 by Douglas J. Weiser as General Partner of Aspen One Investment Partners, i Limited, a Colorado Limited Partnership. _1 Witness my hand and official seal. My commission expires: 4 as /qg/ t c Notary Public 1 y = n'• �61•li)•Il "�Cfrii�,ti� ,i•� cl'11�' mjradxdtlt.n - Z - df i(,Ooo (6 Q Q IOW F, W W N lrlolc Recording requested by: Brooke A. Peterson, Esq. When recorded, mail to: Kaufman & Person, P.C. Brooke A. Peterson, Esq. 315 Hyman Ave. Aspen, Colorado 81611 GENERAL WARRANTY DEED Frank DeLuca ("Seller"), with an address of P.O. Box 296, Aspen, Colorado 81612, for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby bargains, sells and conveys to Robert N. Jensen and Kristin O. Jensen as tenants in common and whose address is P.O. Box 78 8pen, Colorado 81611, the following real property in Itk1R n y, Colorado: UNIT 729, IRONWOODS CONDOMINIUM), according to the Condominium Map thereof recorded in Plat Book 26 at Page 17, and as defined and described in the Condominium Declaration recorded in Book 643 at Page 372; together with all its appurtenances and warrants the title against. all persons, subject to taxes for 2000 and thereafter, and except and subject to those items set forth on "Exhibit 1" attached hereto and incorporated herein by this reference, all of the records of the Pitkin County Clerk and Recorder's Office. Date: June l"�), 2000 STATE OF COLORADO ss. COUNTY OF PITKIN The foregoing instrument was acknowledged before me June l�n, 2000 by Frank DeLuca. My commission expires Witness my hand and official seal. �,y►+1or�, ,Ipyg wgene/PbteryPUdic C�) �OtAft,. I MyoommlWonexlirc 422J2002 801 FiaslFlopkina Notary Pub is n � •"i ' UBLI Aepen, C070rado 81611 �,� s j •........•'PIp f OF - & 2932\2gwd.jennen1 CTTY OF ASPEN WRE -r PAID DATE REP NO. (0�30�0o S 13 lf, ( -7 Page 1 of 2 CITY OF ASPEN HRETT PAID DATE REP NO. Gt3a/00 S6 �,9 7 / 1111111 Hill 11111111111 III1 IIIII ITS III IIIII III1 III1 444676 06/30/2000 09132A SPEC MD DAVIS SILVI 1 of 2 R 10.00 D 160.00 N 0.00 PITKIN COUNTY CO Exhibit 1 to General Warranty Deed EXCEPTIONS Right of the proprietor of a vein or lads to extract or remove his are therefrom, should the same be found to penetrate or Intersect the premises hereby granted as reserved In united States Patent recorded June 16, 1994 In Book 55 at Page 45. Terms, conditions, provisions and obligations of Easement Agreement as set forth In Instrument recorded September.1, 1988 in Book 572 at Page 384, Terms, conditions, restrictions, reservations, provisions and obligations as set forth in Subdivision Exemption Ordinance recorded April 5, 1991 In Book 643 at Page 369 and Subdivision Exemption Agreement recopied April 5, 1991 In Book 643 at Page 364. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth In the Condominium Declaration Far Ironwoods Condominiums recopied April 5, 1991 In Book 646 at Page 372, deleting therefrom any restrictions Indicating preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. Easements, rights of way and all matters as disclosed on Plat of subject property recopied April 5, 1991 In Plat Book 26 at Page 17. Page 2 of 2 111111111111111111111111111111111111111 III 111111111 IN 444676 06/30/2000 09:32A SPEC WO DAVIS SILVI 2 of 2 R 10,00 D 160.00 N 0.00 PITKIN COUNTY CO f-O CITY OF ASPEN CITY OF ASPEN DA YVFi AID REPNO. DATE REP ETT )D REP NO. I _, l - _ ➢JG / y 6 (o AJ6 191G4 WARRANTY DEED THIS DEED, Made this 7 th day of March 2002 , between ROBBRT N. JENSEN AND KRISTIN O. JENSEN of the said County of PITKIN and State of COLORADO grantor, and OABRIELE P. WEINOLASS whose legal address Is P.O. BOX 7816 ASPEN, CO 81612 of the said County of PITKIN and State of COLORADO grantee: ' ----� %q.Sc) WITNESSETH, That the grantor for and in consideration of the sum of Ton dollars and other good and valuable consideration DOLLARS, the receipt and sufflcicncy of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the said County of PITKIN and State of Colorado described as follows: Condominium unit 729, IROMOODS (A CONDOMINIUM), according to the Condominium Map thereof recorded in Plat Book 26 at Page 17, and an defined and described in the Condominium Declaration recorded in Book 643 at Page 371 am Reception No. 331627. COUNTY OF PITKIN, STATE OF COLORADO also known by street and number as: 7 2 9 CEMETERY LANE, ASPEN, CO 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 all the estate, right, title, Interest, claim and demand what- soever of the grantor, either in law or equity, of, in and to the above bargained promises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. Arid the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the enscaling and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, In law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except those specific Exceptions shown on the attached an "EXHIBIT 1". The grantor shall and will WARRANTY AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any pan thereof. The singular number shall Include the plural, the plural the singular, and the use of any gender sha be applicable to all genders. IN WHEREOF, the grantor has executed this deed on the date set abo n ROBERT N. JENSEN ISTIN O. JENSW PAULA --kmBERTI ,A ; p State of COLORADO ) P ss. F Q...Cp`pQ County of PITKIN ) Illy Commi M Ewa 12127frm The foregoing instrument was acknowledged before toe this 7th day of March 2002 by ROBERT N. JENSEN AND KRISTIN O. JENSEN My commission expires December 27, 2005 . Wltness my �afficialscal. Notary Public 464796 III�IIIIIIIill111ItI�I1IIII�I 11 1 464796 P.O.: 1 of 2 TRANSFER DECLARATION RECEIVED 03107/Z002 03/07/2002 02:05P SIWIn DAVIS PITKIN COUNTY CO R 10.00 D IBB.50 EXHIBIT 1 EXCEPTIONS Pile Numbers 00028816 1. Distribution utility easements (including cable TV). 2. Inclusion of the Property within any special taxing district. 3. The benefits and burdens of any declaration and party wall agreements, if any. 4. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 5. Taxes for the year 2002 and subsequent years not yet due and payable. 6. Right of the proprietor of a vein or lode to extract and remove hie ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded June 16, 1894 in Book 55 at Page 45 as Reception No. 54746. 7. Terms, conditions and obligations of Easement Agreement as set forth in instrument recorded September 1, 1988 in Book 572 at Page 384 as Reception No. 303507. 8. Terms, conditions, restrictions, reservations, provisions and obligations as set forth in Subdivision Exemption Ordinance recorded April 5, 1991 in Book 643 at Page 369 as Reception No. 331626, and Subdivision Exemption Agreement recorded April 5, 1991 in Book 643 at Page 364 as Reception No. 331625. 9. Terms, conditions, restrictions, reservations, provisions and obligations as set forth in the Condominium Declaration for the Ironwoods Condominiums recorded April 5, 1991 in Book 643 at Page 372 as Reception No. 331627. 10. Easements, rights -of -way and other matters as set forth on the Condominium Plat for the Ironwoods Condominiums recorded April 5, 1991 in Plat Book 26 at Page 17. 1 I III 1 I II1 11111f Il1lllll Il�ll IV�l�l�l 464796 411�11111111 f�I�III��I ll��'II Il r CO 9 10 307/20 50.05P R Ae 0B9 SILVIA OAVIS PITK St—.t TI& of Mpm, la. Edabit 1 -Deed Eaapftm (YDEEDEXCEPn Rn. 7199 RECEPTION#: 544878, 1_;13/2007 at 04:18:37 PM, 1 OF 3, R $ .00 DF $0.00 Janice K. Vos Caudill, Pitkin County, CO CITY OF ASPEN CITY ''irJEN EXEMPT. =^.OM WRET^' EXEMPT HRETT DATE REP. F.- Np• �a-'13b1 ww�F cod�3 '�It31o� itU�F ta�� WARRANTY DEED THIS DEED is dated November 26 2007, and is made between Gabriele P. Weinglass, the "Grantor", of the County of Pitkin and State of Colorado, and The Gabriele Pepper Weinglass Trust, the "Grantee," whose legal address is P. O. Box 7816, Aspen, CO 81612, County of Pitkin, State of Colorado. WITNESS, that the Grantor, for NO CONSIDERATION IN EXCESS OF $500*, the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's successors and assigns forever, all the real property, together with any improvements thereon, located in the County of Pitkin and State of Colorado, described as follows: Condominium Unit 729, IRONWOODS (a Condominium), according to the Condominium Map thereof recorded in Plat Book 26 at Page 17, and as defined and described in the Condominium Declaration recorded in Book 643 at Page 372 as Reception No. 331627, also known by street address as: 729 Cemetery Lane, Aspen, CO 81611 and assessor's schedule or parcel number: 273512233001 *This is a gratuitous transfer and no documentary fee is required. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, 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 and the Grantee's successors and assigns forever. The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, and the Grantee's successors and assigns: that at the time of the ensealing and delivery of these presents, the Grantor is well seized of the premises above described: has good, sure, perfect, absolute and indefeasible estate of inheritance, in law and in fee simple; and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid; and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except and subject to the 2007 real property taxes due and payable in 2008 and except those specific exceptions shown on the attached Exhibit A. And the Grantor shall and will WARRANT AND FOREVER DEFEND the above described premises, but not any adjoining vacated sjget or alley, if any, in the quiet and peaceable possession of the Grantee and the succea6rs and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof. IN WITNESS WHEREOF, the Grantotjt p executed this deed on the date set forth above. %I No. 932A. Rev.10.05. WARRANTY DEED (For Pbo ftnphlc Record) (Page 1 of 3) lsdlendlles/wduglasdwdeedpil kinenly RECEPTION#: 544878, 1-,_3/2007 at 04:18:37 PM, 2 OF 3, Janice K. Vos Caudill, Pitkin County, CO STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 'I day of ,�Vfhj ,Gr , 2007, by Gabriele P. Weinglass. Witness my hand and official seal. My commission expires: 0 6 AAiAA J'. Notary Publi KAREN JOHNSON NOTARY PUBLIC STATE OF COLORADO W CaSSlON O RRES =0 When recorded return to: Michelle M. Rose -Hughes Tuthill & Hughes LLP 300 S. Jackson Street, Suite 230 Denver, CO 80209 No.932A. Rev.10-03. WARRANTY DEED (For Photographic Rem rd) (Page2of J) t: Alen tfU Wwei ngiass/wd eedpitk Inch ty RECEPTION#: 544878, 3/2007 at 04:18:37 PM, 3 OF 3, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT A 1. Distribution utility easements (including cable TV). 2. Inclusion of the Property within any special taxing district. 3. The benefits and burdens of any declaration and party wall agreements, if any. 4. - Unpatented mining claims; services or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 5. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded June 16, 1894 in Book 55 at Page 45 as Reception No. 54746. 6. Terms, conditions and obligations of Easement Agreement as set forth in instrument recorded September 1, 1988 in Book 572 at Page 384 as Reception No. 303507. 7. Terms, conditions, restrictions, reservations, provisions and obligations as set forth in Subdivision Exemption Ordinance recorded April 5, 1991 in Book 643 at page 369 as Reception No. 331626, and Subdivision Exemption Agreement recorded April 5, 1991 in Book 643 at Page 364 as Reception No. 331625. 8. Terms, conditions, restrictions, reservations, provisions and obligations as set forth in the Condominium Declaration for the Ironwoods Condominiums recorded April 5, 1991 in Book 643 at Page 372 as Reception No. 331627. 9. Easements, rights -of -way and other matters as set forth on the Condominium Plat for the Ironwoods Condominiums recorded April 5, 1991 in Plat Book 26 at Page 17. No. 932A. Rev.10-05. WARRANTY DEED (For Photographic Record) (Page 3 of 3) I td(mfalea/wringlaedwdeedpl tldncnty RECEPTION#: 566821, 02/05iz010 at 03:12:55 PM, 1 OF 3, R $16.00 DF $320.00 Janice K. Vos Caudill, Pitkin County, CO Documentary Fee 320.00 WARRANTY DEED THIS DEED, made this 25 day of January, 2010, Between THE GABRIELE PEPPER WEINGLASS TRUST of the County of Garfield, State of CO, GRANTOR, AND ANDREW KATZ and DEBORAH KATZ, GRANTEE whose legal address is: ` lj��f t �jG,vJvO ct -P I a CL C0 bbeA+-C, 1 of the County of State of WITNESSETH, That for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the grantor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, his heirs and assigns forever, not in tenancy in common but in joint tenancy, with right of survivorship, all the real property together with improvements, if any, situate and lying and being in the County of Pitkin, State of COLORADO, described as follows: UNIT 729, IRONWOODS (A CONDOMINIUM), According to the Condominium Map thereof recorded in Plat Book 26 at Page 17, and as defined and described in the Condominium Declaration recorded in Book 643 at Page 372. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor 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, his heirs and assigns forever. And the Grantor, for himself; his heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from'all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except those matters as set forth on Exhibit "A" attached hereto and incorporated herein by reference. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. Return to: Grantee SIGNATURES ON PAGE 2 Page 1 RECEPTION#: 566821, 02/05,-010 at 03:12:55 PM, 2 OF 3, Janice K. Vos Caudill, Pitkin County, CO SIGNATURE PAGE TO WARRANTY DEED TO JOINT TENANTS Page 2 TH Br , RIELE P PP WEICR GLASS TRUST by:: btie Pe I p- Weing ass, Trustee SATE OF / ) +`' ss COON Y OF The foregoing instrument was acknowledged before me thisQ(P_day of 1J c'U , 2010, by Gabriele Pepper Weinglass as Trustee of THE GABRIELE PEPP W LASS TRustr. WITNESS my hand and official seal I ota Public my commission expires: ,1Dki lQoi I B5987L3 My COCTEXPIRES OBER 9 20 9 RECEPTION#: 566821, 02/05g10 at 03:12:55 PM, 3 OF 3, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT "A" 1. Taxes for the year 2010 not yet due or payable, 2. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded May 18, 1894 in Book 55 at Page 45. 3. Terms, conditions, provisions and obligations as set forth in Easement recorded September 1, 1988 in Book 572 at Page 384. 4. Terms, conditions, restrictions, reservations, provisions and obligations as set forth in Declaration of Covenants, Restrictions and Conditions recorded April 5, 1991 in Book 643 at Page 369 and Subdivision Exemption Agreement recorded April 5, 1991 in Book 643 at Page 364. 5. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration for Ironwoods recorded April 5, 1991 in Book 643 at Page 372, deleting therefrom any restrictions indicating preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. 6. Easements, rights of way and all matters as disclosed on Plat of subject property recorded April 5, 1991 in Plat Book 26 at Page 17. �.f ? — 11�5 J 07/23/95 16012 RecC*oe0k00D r S101P6^i12 ,Silvia Davis,, Pitkin ;Ceti% N ,N Recordedat 0� t z Reception No. _ rA aP w RECORDING REQUESTED BY: !. Ea. o x M WHEN RECORDED RETURN TO: f N g U H o'clock M. Recorder 4 �Q ASPEN ONE INVESTMENT PARTNERS, LTD., a Colorado limited partnership, as ¢ dl Grantor(s), for TEN DOLLARS ($10.00) and other good and valuable consideration, in hand paid, hereby sells and conveys to JERE C. BLANEY and DEAN M. BLANEY as joint tenants with right of survivorship, as Grantee(s), whose address is c/o Juiie's Inc., 2275 E. Desert Inn Road, Las Vegas, Nevada, 89109, the following real property in the County of Pitkin, State of Colorado; to wit: UNIT 731, IRONWOODS (A CONDOMINIUM), according to the Condominium Map eh=f recorded in Plat.Book 26 at Page 17, and as defined and described in the Condominium Declaration recorded in Book 643 and Page 372, with all its appurtenances and warrants title to the same SUBJECT ,TO -AND EXCEPTING: 1. Taxes for the year 1993 due and payable in 1994 and all subsequent years not yet due or payable. 2. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded June 16, 1894-in Book 55 at Page 45. 3. Terms, conditions, provisions; and obligations of Easement Ag":ment as set forth ire instrument recorded September 1, 1988 in Book 572 at Page 384. 4. Terms, conditions, restrictions, reservations, provisions and obligations as set forth in Subdivision Exemption Ordinance recorded April 5, 1991 in Book 643 at Page 369 and Subdivision Exemption Agreement recorded April 5, 1991 in Book 643 at Page 364. 5. Terms, conditions, provisions obligations, easements, restrictions and assessments as set forth in the Condominium Declaration for Ironwoods Condominiums recorded April 5, 1991 in Book 645 at Page 372. 6. Easements, rights of way and all matters is disclosed on Plat of subject property recorded April 5, 1991 in Plat Book 26 at Page 17. Signed this % day of July, 1993. ASPEN ONE INVESTMENT PARTNERS, LTD., a Colorado limited partnership By. Dougla ser, General Partner (Acknowledgement on following page) Z: -Z M-l%;07/23,193,46112 RSCA*10600--,8K�719 pt3z193 WARRANTY DEED THIS DEED, made this 24 day of MAY 1996, between JERE C. BLANEY AND DEON M. BLANEY OF THE COUNTY OF a- K STATE OF NV GRANTOR, AND SHARON JEFFERIES AND BOYD JEFFERIES GRANTEE whose legal address is (1) P.O. BOX 8208, ASPEN, CO, 81611 COUNTY OF PITKIN, STATE OF CO WITNESEETH, That for and in consideration of the sum of ten dollars Ca Z and other good and valuable consideration, the receipt and sufficiency of w which is hereby acknowledged, the grantor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and GL confirm unto the grantee, his heirs and assigns forever, all the real w p E property together with improvements, if any, situate and lying and being in the County of PITKIN, State of COLORADO, described as follows: U H UNIT 131, IRONWOODS (A CONDOMINIUM), according to the Condominium Map Faa P thereof recorded in Plat Book 26 at Page 17, and as defined and described in the Condominium Declaration recorded in Book 643 at Page 372. COUNTY OF PITKIN, STATE OF COLORADO. 392971 05/24/96 12:06P PO 1 OF 2 1 REC DOC UCC SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 11.00 135.73 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor 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, his heirs and assigns forever. And the Grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee, his heirs and assigns, that at the time of the ensealing delivery of the presents, he is well seized of the premises above conveyed, has good, sure, perfect, Q absolute and indefeasible estate of inheritance, in law, in fee simple, aand has good right, full power and lawful authority to grant, bargain, Osell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind U or nature soever, except those matters as set forth on Exhibit „A„ attached p h hereto and incorporated herein by reference. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. 'JE 8 C BLANEY l STATE OF COUNTY OF i'l [C ) ea . JL My Ce .-:w:�n G:rcr_ J..� "- The foregoing nstrument was acknowledged before me t ie day of 19 %, , by j 2/G C a lG/(j De/,-- 11n . WITNESS my hand and official seal 'Zf my commission expires: Notary Public EXHIBIT "A" 1. Taxes for the year 1996 not yet due or payable. 2. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded June 16, 1894 in Book 55 at Page 45. 3. Terms, conditions, provisions and obligations of Easement Agreement as set forth in instrument recorded September 1, 1988 in Book 572 at Page 384. 4. Terms, conditions, restrictions, reservations, provisions and obligations as set forth in Subdivision Exemption ordinance recorded April 5, 1991 in Book 643 at Page 369 and Subdivision Exemption Agreement recorded April 5, 1991 in Book 643 at Page 364. 5. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration for Ironwoods Condominiums recorded April 5, 1991 in Book 645 at Page 372, deleting therefrom any restrictions indicating preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. 6. Easements, rights of way and all matters as disclosed on Plat of subject property recorded April 5, 1991 in Plat Book 26 at Page 17. 392971 05/24/96 12:06P PG 2 OF 2 'r ASPEN .;I Y OF ASPEN "T i PAID HRETT PAID REP NO. GATE REP No. I II IIII IIII IIII IIII 02age: / 0 3 62:36; IIIIIIIIIIIIIiiIIIIIIIIIIII � II II i SILVIA DAVIS PITKIN COUNTY CO R 16.00 D 173.75 WHEN RECORDED RETURN TO: 7 Name: ChesterB. Salomon Address: 975 Park Ave. New York, NY 10028 WARRANTY DEED THIS DEED, made this 7th day of February, 2003, between Sharon Jefteries of the said County of Pitkin and State of Colorado, grantor, and Chester B. Salomon and Arlene Lidsky Salomon whose legal address is 975 Park Ave., New York, NY 10028 of the said County of and — State of New York, grantee: Cn WITNESS, that the grantor, for and in consideration of the sum of Ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the said County of Pitkin and State of Colorado described as follows; Condominium Unit 731, IRONWOODS (A CONDOMMUM), according to the Condominium Map thereof recorded in Plat Book 26 at Page 17, and as defined and described in the Condominium Declaration recorded in Book 643 at Page 372 as Reception No. 331627. Together with that certain easement recorded September 1, 1988 in Book 572 at Page 384 as Reception No. 303507 COUNTY OF PITKIN, STATE OF COLORADO also known by street and number as: 731 Cemetery Ln. 731, Aspen, CO 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 all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. File number: 4U234C4 Stewart Title of Aspen, Inc. Warranty Deed — Joint Tenants (Individual) Page 1 of 2 l ` III 478450 11111 III IIIII IIII I Page: 2 03 III�IIIIII III III"IIIII ` 02/07/2003 02 :SBF II II SILVIA DAVISV1SPITKIN COUNTY CO R 18.00 D 173.73 TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except See Attached Exceptions The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peacable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. of�• 4�lcn- Sharon Jetferies STATE OF Colorado COUNTY OF Pitkin The foregoing instrument was acknowledged before me this 7th day of February, 2003, by Sharon Jefferies My commission expires December 27, 2003. Witness my hand and official seal. Notary Public; Paula Lamberti PAULA LAMBERTI ::rig El.ti �!y Commission E�mea 1212 ,iuo File Number: 40234C4 Stcwarl 'fitle of Aspen, Inc. Warranty Deed —Joint Tenants (Individual) Pap 2 of 2 111111 IIIII IIIII 111111111 (IIIII IIIII 11111111111111111Page: 40 f 02:56F SILVIA DAVIS PITKIN COUNTY Co R t6.00 D 173.75 EXHIBIT 1 EXCEPTIONS 1. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 2. Taxes for the year 2003 and subsequent years not yet due and payable. 3. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded June 16, 1894 in Book 55 at Page 45 as Reception No. 54746. 4. Terms, conditions and obligations of Easement Agreement as set forth in instrument recorded September 1, 1988 in Book 572 at Page 384 as Reception No. 303507. 5. Terms, conditions, restrictions, reservations, provisions and obligations as set forth in Subdivision Exemption Ordinance recorded April 5, 1991 in Book 643 at Page 369 as Reception No. 331626, and Subdivision Exemption Agreement recorded April 5, 1991 in Book 643 at Page 364 as Reception No. 331625. 6. Terms, conditions, restrictions, reservations, provisions and obligations as set forth in the Condominium Declaration for the Ironwoods Condominiums recorded April 5, 1991 in Book 643 at Page 372 as Reception No. 331627. 7. Easements, rights -of -way and other matters as set forth on the Condominium Plat for the Ironwoods Condominiums recorded April 5, 1991 in Plat Book 26 at Page 17. File Number: 40234C4 Stewart Title of Aspen, Inc. warranty Deed — Exhibit 1 (Exceptions) Page I of I BOOK 5��� MUE394 EASEMENT THIS EASEMENT, granted this i1c—Al day of 14g,76Y , 1988, between James L. Hall whose legal addr ss is 725 Cemetery Lane, Aspen, Colorado of the County of Pitkin, State of Colorado, the Grantor, and Walter B. Mills whose legal address is PO Box 68, Aspen, Colorado 81612 of the County of Pitkin, and State of Colorado, the Grantee. WITNESSETH, that the Grantor, for and in consideration of the sum of $40,548.00 and other good and valuable consid- eration paid to the Grantor by the Grantee, the receipt and sufficiency of which are hereby acknowledged, does hereby grant, bargain, sell, and convey .to the Grantee a non- exclusive easement as more fully described on Exhibit A attached hereto for the purposes of providing ingress and egress to the benefited property and providing sewer, water, and other utilities to the benefited property, over and across the parcel of real property situate in the County of Pitkin and State of Colorado More particularly described on Exhibit B attached hereto (the "Hall Property"). This Easement is for the benefit of and appurtenant to that land, or any part thereof, situate in the County of Pitkin and State of Colorado, and described as set forth on Exhibit B (the "Hall Property") and Exhibit C (the "Mills Property11) attached hereto. The Grantee agrees to repair and maintain the easement granted herein at the cost and expense of the Grantee and that said Grantee will in no way hinder or prevent the proper and reasonable use and enjoyment of the property through which the easement is granted. N 0 Ln C-'M CD 1 Cl) J w co O< . ex es L. Hall, Grantor L-o U 1 _ y//' T J Wal r B. Mills, Grantee N Y F 4. N 0 t Y......-...._.......•-:=c;J:�a-..-.__..-_::.+t-�'_•.�,-.•-�:•--.:'-%=�r..i-n��...�-."^w.r•+a-.s �xaw��I': r...��.+.r.•..�.,-:r,.-.,.R.---�-i-r.-.i.: r..,.__ aaoH 572, ;Pa-385 STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of �iGOr , 1988 by James L. Hall as Grantor. WITNESS my hand and official seal. .Q?q4.1 My commission expires: ff4,V-M-tOTAIR c' /7 Nofdry Pubc Address: ! /V • MfVL ttti''�� c ce alci� � Coro STATE OF COLORADO ) ss. COUNTY OF fir• ) v The foregoing instrument was acknowledged before me this —day of (EGG 3� 1988 by Walter B. Mills as `,�r�tY� O�JkRi7YiR7ASS my hand and official seal. '' = ��-✓� commission expires: "wpUOY" 'k+jl45;: opt; /� .,,,tt or •` �•�..,,,,,, - Notary Public-' Add;;ggss : 3!S C •i� d �`� •S - r dp I 6 // BJK1F/97 -2- •c , Ronk 5' ? mi;E 86 Exhibit "A" "Non-exclusive Easement Description" An easement 20 feet in width situated in the Northwest 1/4 of Section 12, Township 10 South, Range 85 West of the 6th p.m., Pitkin County, Colorado,. lying Southerly of, but abutting the Northerly line of a portion of a parcel of land described in instrument recorded in Book 183 at Page 271, Pitkin County records. Said easement is more fully described as follows: Beginning at the Northeast corner of said parcel of land whence the West 1/4 corner of said Section 12 bears S 13*34' E 200.00 feet and S 58.17' W 1614.50 feet; thence following the Northerly line of said parcel of land S 76*261 W 219.00 feet to a point on the Easterly line of a parcel of land described in instrument recorded in Book 470 at Page 575, Pitkin County records; thence S 25' 14' E 20.42 feet along said Easterly line; thence N. 76. 26' E 214.87 feet to a point on the Easterly line of the first above mentioned parcel; thence N 13*34' W 20.00 feet to the point of beginning. i; max '5`7 mi;E:387 Ex111Brr "B" "Hall Property" A tract of land situated in Lots 3 and 12, Section 12, Township 10 South, Range 85 West of tho GM P,61., being a portion of that certain tract of land described in Book 183 at Page 271 in the records of the Pitkin County Clerk and Recorder, described as followst Beginning at a point on the Iesterly line of County Road whence the West 1/4 corner of said Section 12 boars South 58'17t West 1614.50 feet; thence S. 76*26' IV. 177.70 feet; thence N. 25° 14' IV. 204.22 feet; thence N: 76°26' E. 219.00 feet to a point on the Westerly line of said County Road; thence S. 13*341 E. 200.00 feet along the Westerly line of said County Road to the Point of Beginning. IN BODH 5 I•r 'FACE -US EXHIBIT "C" "Mills Property" A tract of land situated in Lot 12, Section 12, Township 1.0 South, Range 85 West of the Sixth Principal Meridian, being a portion of that certain tract of land described In Book 183 at Page 271 in the office of the Pitkin County Clerk and Recorder, described as followst Beginning at a point on the southerly line of said certain tract of land whence the Southeast corner thereof bears N.76°261E. 177.70 feet; thence S.70°261W. 122.30 feet to the Southwest corner of said certain tract of landl thence N.130341W. 200.00 feet to the Northwest corner of said certain tract of landl thence N.76"2615. 81.00 feet along the northerly line of said certain tract of land; thence S.250 14113. 204.22 feet to the point of beginning. Containing 0.47 acre more or less. Lot Split Application IECEIVED 725 Cemetery Lane (PID# 2735-122-00-008) MAR 4 .Q 2015 Submitted: March 2015 CITY OF ASPEN "'441NMTV j 1.0PMFN [41 BMA Planning+Design • P.O. Box 73, Aspen, CO 81612 970-948-0002 www.bmcaspen.com March 16, 2015 Chris Bendon, AICP, Director City of Aspen Community Development 130 S. Galena Street, 3`d Floor Aspen, CO 81611 RE: 725 Cemetery Lane Lot Split Dear Chris: BMA Planning+Design ■ MAR 2 0 20115 Please accept this application for a Lot Split for the property located at 725 Cemetery Lane owned by Robert Hutton (ID # 2735-122-00-008). Enclosed you will find 10 copies for distribution, each addressing the appropriate code section(s) and including the requirements outlined in the pre-app prepared by Amy Simon and Jessica Garrow dated February 27, 2015. We have also includes the Agreement to Pay form and a check to initiate the application review. Please let us know at your earliest convenience if an item was not included that is required for the application to be deemed complete and scheduled for review with City Council. We appreciate you and your staff's time in reviewing this application and are available to answer any questions as they may arise. Sincerely, Brian McNellis AICP, ASLA BMC Planning + Design www.bmcaspen.com P.O. Box 73 Aspen, CO 81612 970-948-0002 Chris Bendon, AICP Director Community Development Department City of Aspen 130 S. Galena Street, 3`d Floor Aspen, CO 81611 RE: Owner's Authorization Dear Chris, j� / 11V This letter is to certify that 1 ! ?D i7e,- C, . A"-7 owner of 725 Cemetery Lane in Aspen, Colorado give BMC Planning + Design permission to represent my interests with the City of Aspen with regard to the application for a Lot Split contained herein. BMC's contact information is provided below: -BMC Planning + Design ATTN: Brian McNellis, Principal P.O. Box 73 Aspen, CO 81612 Owner Date C� Printed Name RETAIN FOR PERIMANNT c:7�0Z-j - tio( - P'5t-A Agreement to Pay Application Fees An agreement petween the URv of Aspen t" c:itv") and Property Robert Hutton Phone No.: / _a&94- Owner ("I"): Email: Address of Billing Property: 725 Cemetery Lane p m': Aspen, CO 81611 Address: (subject of (send bills here) application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ 975 ✓ flat fee for Parks ✓ $ 0 flat fee for Select Dept $ 0 flat fee for Select Dept $ 0 flat fee for Select Review 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. 1 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 non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual 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. $ 4,550 deposit for 14 Z hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ 275 deposit for 1 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Prope caner: Chris Bendon Robert Hutton Community Development Director Name: City Use: Fees Due: $ Received: 5800 i/1 •� PIunuary• 20 E_ CSt� ut A pcn ! 1310 S. C'ialcna Si, j (97o) 92(1-�Q90 oo2S•2v(S• r'��L�-t ATTACHMENT 2 —LAND USE APPLICATION PROJECT: i Name: Hutton Lot Split Location: 725 Cemetery Lane (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 2735-122-00-008 APPLICANT: Name: Robert Hutton Address: 725 Cemetery Lane, Aspen, CO 81611 Phone #: 970-274-0694 REPRESENTATIVE: Name: Brian McNellis - BMC Planning + Design Address: P.O. Box 73 Aspen, CO 81612 Phone #: 970-948-0002 TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ GMQS Allotment ❑ Special Review ❑ ESA — 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane ❑ Commercial Design Review ❑ Residential Design Variance ❑ Conditional Use ❑ Conceptual PUD ❑ Final PUD (& PUD Amendment) ❑ Subdivision ❑ Subdivision Exemption (includes condominiumization) ® Lot Split ❑ Lot Line Adjustment ❑ Temporary Use ❑ Text/Map Amendment ❑ Conceptual SPA ❑ Final SPA (& SPA Amendment) ❑ Small Lodge Conversion/ Expansion ❑ Other: EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) There is an existing 2 story, wood framed house and storage shed on the property PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Lot Split - divide the existing 39,704 square foot property into two parcels of equal 'lot area" for residential development Have you attached the following? FEES DUE: $ 5,800 ® Pre -Application Conference Summary ® Attachment #1, Signed Fee Agreement ® Response to Attachment #3, Dimensional Requirements Form ® Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5' X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Hutton Lot Split Applicant: Robert Hutton Location: 725 Cemetery Lane Zone District: R-15 Lot Size: 39,704 sf Lot Area: 35,362 sf (minus access easement) (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: Number of residential units: Number of bedrooms: Existing: NA Proposed.• Existing: 1 Proposed: Existing: 3 Proposed: Proposed % of demolition (Historic properties only): NA NA 0 0 DIMENSIONS: Floor Area: Existing: 3,032 sf Allowable: 15,000 sf Proposed: Principal bldg. height: Existing: 23 Allowable: 25 Proposed: NA Access. bldg. height: Existing: Allowable: Proposed: On -Site parking: Existing: 3 Required.• 2 Proposed.- NA % Site coverage: Existing: 9% Required: Proposed. % Open Space: Existing: 91 % Required: Proposed: Front Setback: Existing: 25 ft Required: 25 ft Proposed: 25 ft Rear Setback: Existing: 10 ft Required: 10 ft Proposed: 10 ft Combined F/R: Existing: 35 ft Required: 35 ft Proposed: 35 It Side Setback: Existing: 10 ft Required.• 10 ft Proposed: 10 ft Side Setback: Existing: 10 ft Required.• 10 ft _Proposed: 10 ft Combined Sides: Existing: 20 ft Required: 20 ft Proposed: 20 ft Distance Between Existing 40 ft Required: 10 ft Proposed: 20 ft Buildings Existing non -conformities or encroachments: NA Variations requested: NA OIL a VISTA OR l+ m 8 • u'�<r-M1\DO\` 01, T` ASPEN EAWSI �I.Z1 F SUBJECT g ��rcKnoRK �L DUCK - )PE x 3 n 1M10D➢UCK' $ wU 011'L•ESPIEAVE .P PEARL ^ RyIH.y. .� TN 50 jHA SO r'CAM•ST/\ " h � y�l- r GrB � '� A0 AA 42 z u � �k 'Is 52 41 -V ? m 4' /1 sty apgti 8Arsr EVHo 7y - M < 40 � P A t�� <IrrlEor� K"'rMAN. � vE ` EMF1N,Sr m b�sr J O J AvE�� .Co . Q' q 'SuND OSE iS , S2�Y ET�% C7 6 ��yr N 71 O K pl vRUPARA�N Doourn AVE rRAM'oRs 75 8 30� ANigVE 0? 1�� I y7 s T O _ v 10 LAU I.N 10 'SJ SST ��u I1,34 M110RF }� it LAR Cr(9ERr�J 1 1 Cr �W / tt C e 17 11 ° re, a p. 30 tT. mm_ U ¢ AVfe YS ASPEN � MpOR �� W n p y GROVE LN _ im �4t �P�• (� ER510EOR WESTVIEW OR AL CRYSTgo \ 24 E BLUEBONNET TRL Z f � LAKE RO l 27 0 SIEVERSCIR f.+ 10 GREY TALON CT Z \ 11 SNAVANO DR 12 CASCADE LN c 17 CINNAMON CI lA fIVE TREES LN ¢ Pr 15 POWI)ERBOWI TV, O Property Location: 725 Cemetery Lane, Aspen, CO Legal Description Vicinity Map (City of Aspen) A TRACT OF LAND SIUTATED IN LOTS 3 AND 12, SECTION 12, TOWNSHIP 10 QI_ITI-1_ PAKJr,F AR 1A/FCT f1F TNF ATH PRIMr..IPAI 11Ai=Pin1AKJ REIN( A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN BOOK 183 AT PAGE 271 IN THE RECORDS OF PITKIN COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF COUNTY ROAD WHENCE THE WEST 1/4 C:ORNEROF SAID SECTION ION 12 NEARS SOUTH 58 DEGREES 17 MINUTES WEST 1614.50 FEET; THENCE SOUTH 76 DEGREES 26 MINUTES WEST 177.70 FEET; THENCE NORTH 25 DEGREES 14 MINUTES %A/I='CT *?nA 77 FFFT• THPKIrF Mr)PTH 7A IIFrRFFC 7A WhI1 ITF.q PA.gT 91Q on FEET TO A POINT ON THE WESTERLY LINE OF SAID COUNTY ROAD; THENCE SOUTH 13 DEGREES 34 MINUTES EAST 200.00 FEET ALONG THE WESTERLY LINE OF SAID COUNTY ROAD TO THE POINT OF BEGINNING, COUNTY OF PI T KIN,S I A T E OF COLORADO. poZS• 201 S PrS!-LI 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 ofwork included in the land use application complies with all applicable covenants and homeowner association policies The certification must be s c ,ed dj" tre orooert,, o, r,er or Attorrer represerfrrig ,he orooeri - o:vner Property Name R66.4 C, gv q�ij Owner Ct� Email _0C_vv No g 70 - 2 7# - dCa .Address of ��2 C�� C le Property [� ;subject of 4ye— application,; I certify as follows (pick one, This property is not subject to a homeowners association or other form of private covenant C 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 Evidence of approval is attached 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 4e-,,-l�date 6S ,j17dOwner printed name or Attorney signature Attorney printed name date Project Overview This application requests approval to subdivide (Lot Split) a parcel of land in accordance with Section 26.480.060 - Minor Subdivisions of the Aspen Land Use Code. The property is located at 725 Cemetery Lane and is 39,704 square feet in size (over 2.5 times the minimum lot size allowed within the R-15 zoned district as currently designated). If granted, the Lot Split will allow for the creation of two smaller parcels that conform to the character of the Cemetery Lane neighborhood and the R-3.5 zone district. The residence that occupies the property will be removed to accommodate the subdivision request. Demolition of the structure will occur prior to recordation of a new subdivision plat. 26-304.035 Neighborhood Outreach ...C. Appropriate forms of public outreach. The applicant must choose to do one or more of the following forms of neighborhood outreach. Community Development Department staff may, as part of the pre -application conference, suggest certain forms of neighborhood outreach that would be most appropriate for a development application. In addition, Community Development Department staff may identify specific aspects of the project or potential impacts of the project that should be addressed as part of the neighborhood outreach. ...3. Enhanced Public Information. The applicant must provide detailed information on the project in the form of a project website, a detailed public notice mailing, etc. that explains the proposal, outlines the review process, provides visual rendering or maps, or any other information that will describe the project in layman's terms. The applicant shall be responsible for coordinating the information. The applicant must conduct a minimum level noticing, pursuant to Section 26.304.o6o.E.3.c, to ensure the public is aware of a website, etc. Additional noticing beyond that called for in Section 26.304.o6o.E.3.c may be provided. Response: Staff has determined that neighborhood outreach is appropriate for this proposal and the applicant is prepared to facilitate an enhanced public notice mailing (described above) that will be included as part of the typical public noticing requirements. 26.480.06o Minor Subdivisions The following types of subdivision may be approved by the City Council, pursuant to the provisions of Section 26.480.030 Procedures for Review, and the standards and limitations of each type of subdivision, described below: A. Lot Split. The subdivision of a lot for the purpose of creating one additional development parcel shall be approved, approved with conditions, or denied by the City Council, pursuant to Section 26.480.030 Procedures for Review, according to the following standards: i. The request complies with the requirements of Section 26.480.04o, General Subdivision Review Standards. Response: The request complies with the General Subdivision Review Standards (see below). 2. No more than two lots are created by the lot split. No more than one lot split shall occur on any one fathering parcel. Response: No more than 2 lots will be created by the Lot Split. 3. The Lot Split Plat shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 Approval Documents. No subdivision agreement need be prepared or entered into between the applicant and the City unless the Community Development Director determines such an agreement is necessary. Response: The Lot Split Plat shall be reviewed by Planning Staff and recorded pursuant to the requirements of the Aspen Land Use Code and the Clerk & Recorder's office. 26.480.040. General subdivision review standards All subdivisions shall be required to conform to the following general standards and limitations in addition to the specific standards applicable to each type of subdivision: A. Guaranteed Access to a Public Way. All subdivided lots must have perpetual unobstructed legal vehicular access to a public way. A proposed subdivision shall not eliminate or obstruct legal vehicular access from a public way to an adjacent property. All streets in a Subdivision retained under private ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and driveways are prohibited. Response: The Lot Split will not obstruct access to any adjacent properties and each of the new lots shall have direct access to Cemetery Lane's public right-of-way. This proposal will not change or modify the 20' wide driveway/access easement along the northern boundary of the subject parcel and it shall continue to allow access to the property located immediately to the west. No new streets will be created and no additional road cuts along Cemetery Lane are requested. The Lot Split will eliminate the current looped driveway and therefore extinguish an existing curb cut along Cemetery Lane. Security and/or privacy gates will not be used on any access point to the properties or adjacent properties. B. Alignment with Original Townsite Plat. The proposed lot lines shall approximate, to the extent practical, the platting of the Original Aspen Townsite, and additions thereto, as applicable to the subject land. Minor deviations from the original platting lines to accommodate significant features of the site may be approved. Response: Upon researching 22 properties along the western side of Cemetery Lane (on each side of the subject parcel) it was calculated that the average lot area is approximately 17,828 square feet with an average width of about io5 feet. if granted, the Lot Split would create two parcels — one at 17,681 square feet and the other (including the existing access easement) at 22,023 square feet. The resulting property lines along Cemetery Lane will be 94 and io6 feet respectively. The proposal will foster a residential condition that is more in conformance with the traditional lot sizes depicted on the Original Townsite Plat and those existing in the Cemetery Lane neighborhood. C. Zoning Conformance. All new lots shall conform to the requirements of the zone district in which the property is situated, including variations and variances approved pursuant to this Title. A single lot shall not be located in more than one zone district unless unique circumstances dictate. A rezoning application may be considered concurrently with subdivision review. Response: The resulting lots will exceed the minimal dimensional requirements of the Ri5 zone district. No variances or zoning changes are requested as part of this application. D. Existing Structures, Uses, and Non -Conformities. A subdivision shall not create or increase the non -conformity of a use, structure or parcel. A rezoning application or other mechanism to correct the non -conforming nature of a use, structure, or parcel may be considered concurrently. Response: There are no non -conformities on the property currently. No non -conformities will be created by the proposed Lot Split. 26.710.050 Moderate - Density Residentia. (Ry15). A. Purpose. The purpose of the Moderate - Density Residential (R-15) Zone District is to provide areas for lonq-term residential purposes, short term vacation rentals, and customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Moderate - Density Residential (R-15) Zone District typically consist of additions to the Aspen Townsite and subdivisions on the periphery of the City. Lands within the Townsite which border Aspen Mountain are also included in the Moderate -Density Residential (R-15) Zone District. Response: The proposed Lot Split will create two smaller parcels that better conform to the intent of R-15 zone district where the minimum lot size is 15,000 square feet. The fathering parcel is currently zoo feet wide while the minimum in the zone district is 75 feet. If granted, the Lot Split will establish a more consistent streetscape condition by creating lots that are no greater than io6 feet wide. No variances from the R-i5 setback requirements are requested. ADJACENT 2-:'70RY DUPLEX I FND. Cl-CPS MONUMENT P5-II N ELEV=7849.59' NAVD'88� n W /C C o N 3651'49' W I517.03 MEAS.-"' m °,edNt I FAI.RWA� CONDOMINIUMS . 1162a6ro'tr w 151 J.o9' MARaN/uTY '� I (PER OLAT BOOK 14 PAGE 28) CRO q, CITY OF ASPEN GOLF COURSE tiger �o t� O�" •J�z ` �• S )6'26'00' w �p'A SPLIT RN FENCE A�2° WD00 DECK W/ BOARD FENCE s 76'WW IN _ - 728•g5P 09•ASP (J 0 Sa;•-0FRaA'qI� •p'ASP l�am�' ASP °ez 5- SS > / 82 F S6 EPz4 . 55 EP \20 Ep Ja .$B._T Ep�9,J .f4Bg2 I A -HALT PAVED DRIVEWAY +pA98gg J S5 SS SSW 0 / W'F h +PA I'E +p887 7 20' WIDE 'NON-IXQL9VE EASFNENY + 7887, +>a8ti a \\ ASPMXI.�BB�. D IVEWAY �J CP L•E PER BOO( 572 PA 384) PA P VE i C �1a� A" b° a•t"' ti ,8�m� A`� 'tp �8 / SPLIT RAIL FENCE O6•A�P -O7•ASI, - - - 09'ft, aK EPRi 7So 09•ASP 08-A I OJ•ASP fP 7'?1 • J 0,�rASPO O.Y O$• •,8P`' _•ASP' 1 SP_ �'�p-6T 9 5 A� bPU=RAIL FENCE GASP A, qr' TOP+CI�B�j� q \`Fi 7pf886] -N ` _ o6.So fCRp fi3O +J�68�f.3 'mo b?p + 0. _ _! v. ENO. CITY 'UMENT /GPS-10(N) ELEV=7871.92' '' LEGEND NAYD '88 BENCHMAR. LEVATION DATUM USED HERON SSUH SANITARY SERER MANHOLE CUP FL ' CORRUGATED METAL PTPF. - FLOWLINE LAT. FF - LATERAL - FINISHED FLOOR ELEVATION I EC EP - EDGE CONCRETE 'e$ GRD - EDGE OF ASPHALT PAVEMENT - GROUND -T . E- tyTl - TELEPHONE k ELECTRICAL UNE °JH M '�8 2 -G- .. GAS LINE - WATER LLNE CR- -5,5- �0.�0 CENTER LINE y00 - SANITARY SERER ILYE I P 90 s COW FNC S i-SS Ss - GRAPHIC SCALE le Oi m ( IN FEET ) • 1 Inch = 10 It. ,25, +7eej1 SETBACK. OASP ICn'"_ ,,,•K�y`a�- F�2a \ +)ag>3 2552' ' I DROR +7' x . 'y2^�(1. < �✓..r�y P -\� s. �wA! 5R qp --'p, ✓?aw. CRD j�aad! I BU 1 S•tq�'E I� I �`Y` lruNnllr-_' :kE C ` �� R n Y PROJECT >�! �ae..r OCATiON 1. ;+ jp y' _ w GRn J I U+^,>Rn 8 C�J2 ,1• c` - cilM �Jvrt°741 z t \•td O 9.) 8 t > I � - _ �j� Tv IO �rs✓a� S e I 7geC( Q C - ? + � 1 ' - - > ti F g TREE q _ Nu-rP°r�vr .� _ .• ��\�e �88a. +c pJ.6 q$ '4 �eb 11 P°a� > 4 id6ry 7 4eea. LOT 1 F "°°° g \ 1�� ae9 E�el.s LL 3 9tw�^1 B • a l / G_'�. +Ida 0 > i GRp w ;;r Ca I Doofie�.l NET AREA = 17,681t SQUARE FEET �;.c a�T :cap .3 N D > �e Jz APPLE+cao z F- o GROSS AREA 22,023t SQUARE FEET p�, 70g''Ea Oaq/C(( G _>0<"6 -` -- i�p 78 III f/ mused jIL ,. IFl \ P2 J88g E Te' 71.E ,uyY \ + > +H-[ir - EC 8!. y +> }>B88\ rl•q•ASP �CR�$ Cgya aBJ> \C fP _-_aB.7 ! W / 2-- _ /.' IiLS'.Dh iAL WOOD FRAMED HOUSE EaaJ'6 CEP �G P U / ASPEN vv� � VICINITY MAP ,px _ BO1 Q + JgBj ASPHALT PAVED DRIVEWAY CL RD l '� + +'B \\ ___ _. - - ^' 78.,q. ' P, Ik'+ • >agA,e >� ) ,� N.T.S. s SS v0� EP 3 EP�2 5511 1 R¢ SURVEY SHOWN HEREON IS RASE° N PART ON THE ALTA COMMITMENT 6 ' _ � i, FOR TITLE INSLRANCE REPORT ORDER NCI. 062006490-2. DATED MARCH 9, 2015 37 ----------- , ----i`177.87' BJ < • 2 PER THE PROPERTY P IONS 9 ECl LISTED NOUPA NY. TLE EE -- -t 'a--ND76'2800rE s a�--7�� -- °�° (AS RT Al ME FE TONED ING 1i U N \ _ z V ,�7= SE LC' T LINE) J�J-E-------e--- / /ASP/ ®> \I A) RIGHT OFOAIPROPRIE ROR TOF A VEPNHE ABOVE MENTIONED PTLE COMMITMENT) I PA P �'2 N \ i \ OR LODE TO EXTRACT AND REMOVE HIS ORE N \\ ¢ 07 T l '° o K YI CRC -J / / 188J2 / I THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES \ > ua mA n E %f / 2.5?RGCE I ' $ g HEREBY GRANTED. AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY " 5�96gTN ° '� MC 'C CAN R. E / 1i9D / >e 'ASP THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT 1 \ A m0 �;' nlFl. k, > Ja6J / A RECORDED JUNE t6, 1894 IN BOOK 55 AT PACE 45. o`!P` t 1bP41 '- -�� _ ,e•-� _ - ---- r �1� ._ EP A/ - � � / - / I ry H) UTIIiV EASEMENT AS GRANTED TO MOUNTAIN STATES TELEPHONE AND TELEGRAPH s / / IN INSTRUMENT RECORDED DECEMBER it, 1929, IN BOOK 162 AT PAGE 172. 8 cII O`�'PSP\\ vk 7aea4 j88 WOO° 67 Pq �J6 +> > _ E C) TERMS, CONDITIONS AND PRO VSIONS OF AGREEMENT RECORDED APRIL 28. 1964 IN • 7890 6 > CL aq 8l,(0(, I PAVE aA1 M' J GR0 \ i - 1` '"rJ BOOK 206 AT PACE 560- CC + >B$P �I +CR�92 NY DEC e /l �R'8.4 IL? 3 E D) TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED SEPTEMBER 01. 1988 2 A TP 2 I BOOK 572 AT PAGE 384. 4 1 J•ASP E 3. BUILDING SETBACKS SHOWN SHOULD BE VERIFIED WITH THE CITY OF ASPEN PLANYN,,` '0• > J GgpS'j ��------ > P AND BUILDING DEPARTMENT PRIOR TO ANY DESIGN OR CONSTRUCTION. IRONWOODS CONDOMINIUMS '� 1 '°�'� �ae v I +cam 6 (PER PLAT BOOK 2fi PAGE 17) ' ss, , 1 > * >ea3 , '�+ �0•�a - \ I / \ SURVEYOR'S CERTIFlCATE: 1 7agO9 •5 ASPa 11 y°�9 EP�J7 PAS > 30 O \1 I / \\ f -TILE UNDERSGNED HEREBY CERTIFIES TO LIBMAN DEVELOPMENT, LLC. yPgJB ('. .3 > 1 I I / \\ C� A COLORADO LIMITED LIABILITY COMPANY AND THE CITY OF ASPEN > 1 \ y8aig I+� $A h THAT THE IMPROVEMENT SURVEY TO WHICH THIS CERTIFICATE 1 LOT 2 p; eJg ° S ATTACHED, PREPARED BY THE UNDERSIGNED, A PROFESSIONAL �s1a 1 \ K >ya? >\ \ 1 I J-ASP LICENSED LAND SURVEYOR WAS ACTUALLY MADE BY INSTRUMENT SURVEY NET AREA = 17r881f SQUARE FEET �> N I `�\ +79g1 POND' I 1 +7 B e // UPON THE GROUND; THE SURVEY AND THE INFORMATION, COURSES AND 1 t 1 +! > P8a?l CAp Cp I DISTANCES SHOWN THEREIN, INCLUDING, WITHOUT LIMITATION, ALL SETBACK ��'• EP + 883.8 NAVE > \ p r / AND YARD LINES. ARE CORRECT; ME SIZE AND LOCATION OF ALL BUILDIN.: N 1�r \ ` 7gay \�7�4 PA \\ \ i I STRUCTURES AND IMPROVEMENTS ARE SHOWN, IF ANY, ASPHALT PAVING 1 N , '889A 04 %, ,�% • 7Bep6 \ D 6 \12-COT Ea de 7QN?>\� + 7�.6 \ I \ // FURTHER CERTIFY THAT SAID BUILDINGS, STRUCTURES AND IMPROVEMENTS 1 'I 6-A.SP SPg S•A� \\ ©eBA89 \\ ASPHALT PAVED DRIVEWAY °ND \ ` _ �I� \ / ON SAID PREMISES ON THIS GATE, MARCH 18. 2015. EXCEPT UTILITY OP 9" r _ OgApT.�W 7890> \ SAUCE \ yl1-1A' , '^ >88 CONNECTIONS. ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL. EXCEE'- 8 �0'1 �S'ARPJg885 \\ PA?N Pq,�JB \ ` CAy -A \ / + AS SHOWN. MAT THERE ARE NO ENCROACHMENTS UPON ME DESCRIBED ®C09'gcj' • J891 r \ CL PA?H \ EP 9 \ +y$q A + >� o yam PREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES, EXCEPT AS 3. 51? \\ \ ° 18 \\e'RUSg I C ✓OV,J•ASp °� INDICATED, AND THAT MERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID PARCEL, EXCEPT \ R, AS NOTED, THE ERROR OF CLOSURE OF THE BOUNDARY SHOWN HER�,ON"'IS' As�i•ASP °jB9rs'�gsD.e \V A ��� Ao'l, / a -ASP SP \ \ \ a / \ \ 5.7 LESS THAN 1 15,000. • 78yr r + Q \ eBJ. ^Q1'y y 4 I BOX / /„ ! T C� 11 q �E 6 A� Cq \ RUC ° P,.9 EP \ \ DATED:i�r7�[/F.� 'I C7agp+`1 ° f RDBERT C. HUTTON. PLS #243 2 ` 24312 PROPOSED LOT SPLIT EC 9 i IMPROVEMENT &TOPOGRAPHIC SURVEY OF THE LANDS OF HUTTON AS DESCRIBED IN DEED RECORDED APRIL 19, 1994 °�- �` - 6•i_ - '�B - IN BOOK 748 AT PAGE 396 AS RECEPTION #369310 ASSESSOR PARCEL #2735-12-200008 9c6 0 \ a@6e n°'7 •'ee> EE •>ea>, -� RCE \IZSpGt °iDE (725 CEMETERY LANE) ,21.3E ` E 5 6•T _ _ S 76'2600 W 177.8Y- - - - •> _ - ----- �$ 332 q qq __ -- -_ _ N 76.26'OQ E ` Cltt OF ASP PITK N COUNTY COLORADO \ b6 - ___ \ - 6 iR __ "N0.5/8--ow PLASDC CAP - _ _ _ - _ _ _ SCALE. 1 10 DATE MARCH 2015 'TRICO' WITNESS CORNER M35 TO LOi CORNER O - _ CITY OF ASPEN GOLF COURSE ^ a `�. �------------ - - ye.ASA'i---� � 7886 rqP �euG� I ' ------ CHAPMAN CONDOMINIUMS HAS T6I� w a � > �'M4>N ArN i RO ERT PROFESSIONAL AND SURON VEYOR .3 UMS sE '� .� s g PROFESSIONAL LAND SURVEYOR ASP�N, COLORApCTERY O 8LAN1611 (PER PLAT BOOK 15 PAGE 91) i 970 5<4-9952 SHEET 1 OF 1 i JOB,# 104-CEM PqqCustomer Distribution Land Title GUARANTEE. COMPANY --Since 1967— Property Address: 725 CEMETERY LANE, ASPEN, CO 81611 For Closing Assistance Kimberly Parham 533 E HOPKINS 0102 ASPEN, CO 81611 970-925-1678(phone) 303-393-4870 (fax) kparhamraltgc.com Buyer/Borrower LIBMAN DEVELOPMENT LLC Delivered via: Electronic Mail Seller/Owner ROBERT C. HUTTON Delivered via: Electronic Mail Closer's Assistant NIKKI DURRETT 533 E HOPKINS #102 ASPEN, CO 81611 970-925-1678(phone) 800-318-8202 (fax) ndurrettl—aftgc.com Our Order Number: Q62006490 Date: 02-24-2015 For Tide Assistance KIM SHULTZ 533 E HOPKINS #102 ASPEN, CO 81611 970-927-0405(phone) 970-925-6243 (fax) kshultz1_aMtgc.com Agent for Seller Attention: MICHAEL LUCIANO 166 SWINGING BRIDGE LANE BASALT, CO 81621 970-927-0837 (work) it @libitiangi uup.curii,heather @librnangruup.cun i Delivered via: Electronic Mail OLD REPUBLIC NATIONAL TITLE Attention: RICH JONES 1301 WASHINGTON AVE #300 GOLDEN, CO 80401 303-421-6495 (work) rjones gortcolo.com Delivered via: Electronic Mail 01 P mv� E Land Title GUARANTEE COMPANY —Since rg6y-- Wire Instructions Bank: ALPINE BANK Address: 600 E HOPKINS ASPEN, CO 81611 ABA No: 102103407 Account: 2020010529 Attention: Kimberly Parham Reference Q62006490 *If any of the above information is missing, the wire will be returned to sender. *If you have questions or concerns, please contact your closer. *Please remit funds in the form of a cashiers check or wire ***NOTE: Land Title can not accept buyer funds in the form of personal checks, and buyer funds delivered using ACH payment systems may result in the delay or cancellation of your closing. Land Title Guarantee Company Estimate of Title Fees Lana i trle GUARANTEE COMPANY --Since IOt;^-- Order Number: Q62006490 Property Address: 725 CEMETERY LANE, ASPEN, CO 816" Buyer/Borrower: LIBMAN DEVELOPMENT LLC Seller: ROBERT C. HUTTON Date: 02-24-2015 Visit Land Title's website at www.ltgc.com for directions to any of our offices. Estimate of Title Insurance Fees ALTA Owners Policy 06-17-06 (Reissue Rate) $3,947.00 Deletion of Standard Exception(s) $65.00 Tax Certificate $21.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Total $4,033.00 ` THANK YOU FOR YOUR ORDER! ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: Q62006490 Customer Ref -Loan No.: Property Address: 725 CEME I ERY LANE, ASPEN, CO 81611 1. Effective Date: 02-05-2015 at 05:OOPM 2. Policy to be Issued and Proposed Insured: "ALTA" Owner's Policy 06-17-06 $4,700,000.00 Proposed Insured: LIBMAN DEVELOPMENT LLC 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: 4. Title to the estate or interest covered herein is at the effective date hereof vested in: ROBERT C. HUTTON 5. The Land referred to in this Commitment is described as follows: A TRACT OF LAND SIUTATED IN LOTS 3 AND 12, SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN BOOK 183 AT PAGE 271 IN THE RECORDS OF PITKIN COUNTY, DESCRIBED AS FOLLOWS. BEGINNING AT A POINT ON THE WESTERLY LINE OF COUNTY ROAD WHENCE THE WEST 1/4 CORNER OF SAID SECTION 12 BEARS SOUTH 58 DEGREES 17 MINUTES WEST 1614.50 FEET, THENCE SOUTH 76 DEGREES 26 MINUTES WEST 177.70 FEET; THENCE NORTH 25 DEGREES 14 MINUTES WEST 204.22 FEET; THENCE NORTH 76 DEGREES 26 MINUTES EAST 219.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID COUNTY ROAD; THENCE SOUTH 13 DEGREES 34 MINUTES EAST 200.00 FEET ALONG THE WESTERLY LINE OF SAID COUNTY ROAD TO THE POINT OF BEGINNING, COUNTY OF PITKIN, STATE OF COLORADO. Copyright 2006-2015 American Land Title Association. All Rights Reserved ., The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date ~ of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: Q62006490 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: 1. PROVIDE LAND TITLE GUARANTEE COMPANY WITH A CURRENT IMPROVEMENT LOCATION CERTIFICATE OF SUBJECT PROPERTY. THIS REQUIREMENT IS NECESSARY TO DELETE STANDARD EXCEPTIONS 1-3 AND MUST DISCLOSE THE LOCATION OF FENCE LINES ALONG THE SUBJECT PROPERTY BOUNDARIES, IF ANY. (IF NO FENCE IMPROVEMENTS EXIST ALONG THE PROPERTY PERIMETERS, THE CERTIFICATE MUST AFFIRMATIVELY STATE SUCH). UPON REVIEW, ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS MAY BE NECESSARY. NOTE: ANY MATTERS DISCLOSED BY SAID IMPROVEMENT LOCATION CERTIFICATE WILL BE REFLECTED ON SAID POLICY(S) TO BE ISSUED HEREUNDER. NOTE: LAND TITLE IS NOT RESPONSIBLE FOR ORDERING SAID IMPROVEMENT LOCATION CERTIFICATE. 2. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE CITY OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED. 3. RELEASE OF DEED OF TRUST DATED JUNE 13, 2013) FROM ROBERT C. HUTTON TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF ANB BANK TO SECURE THE SUM OF $495,000.00 RECORDED JUNE 19, 2013, UNDER RECEPTION NO. 600483. 4. WARRANTY DEED FROM ROBERT C. HUTTON TO LIBMAN DEVELOPMENT LLC CONVEYING SUBJECT PROPERTY. REQUIREMENTS TO PROVIDE OWNER'S COVERAGE IN THE OWNER'S POLICY TO BE ISSUED A. UPON RECEIPT BY THE COMPANY OF A SATISFACTORY FINAL AFFIDAVIT AND AGREEMENT FROM THE SELLER AND PROPOSED INSURED, EXCEPTIONS 1 THROUGH 4 OF THE STANDARD EXCEPTIONS WILL BE DELETED. ANY ADVERSE MATTERS DISCLOSED BY THE FINAL AFFIDAVIT AND AGREEMENT WILL BE ADDED AS EXCEPTIONS. B. IF LAND TITLE GUARANTEE CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTIONS AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH, EXCEPTION NO. 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED. C. UPON RECEIPT OF PROOF OF PAYMENT OF ALL PRIOR YEARS' TAXES AND ASSESSMENTS, EXCEPTION NO. 6 OF THE STANDARD EXCEPTIONS WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2015 AND SUBSEQUENT YEARS. NOTE: ALL PARTIES WILL BE REQUIRED TO SIGN A FINAL AFFIDAVIT AND AGREEMENT AT CLOSING. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: Q62006490 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 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. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 16, 1894 IN BOOK 55 AT PAGE 45. 9. UTILITY EASEMENT AS GRANTED TO MOUNTAIN STATES TELEPHONE AND TELEGRAPH CO. IN INSTRUMENT RECORDED DECEMBER 11, 1929, IN BOOK 162 AT PAGE 172. 10. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION RECORDED AUGUST 08, 1958 IN BOOK 184 AT PAGE 435. 11. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED APRIL 28, 1964 IN BOOK 206 AT PAGE 55660. 12. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED SEPTEMBER 01, 1988 IN BOOK 572 AT PAGE 3 4. piq Land Tide GUARANTEE COMPANY WWW.LTOC.COM JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy taws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: ► applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; ► your transactions with, or from the services being performed by, us, our affiliates, or others; ► a consumer reporting agency, if such information is provided to us in connection with your transaction; and ► the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non -affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: ► We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. ► We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. ► Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. ► We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. i Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION Land Title GUARANTFF COMPANY Since 1967_ DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The Subject real property may be located in a special taxing district. B) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property) C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B-2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Commitment to Insure ALTA Commitment - 2006 Rev. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named In Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the requirements: all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to Company In writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This commitment is a contract to issue one or more title insurance policies and is not an abstract of tide or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.ore7. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 1. Rights or claims of parties In possession not shown by the Public Records. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore 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 the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: • • , I r r , P Old Republic National Title Insurance Company Land Title Guarantee Company �• PL TITtF '• a Stack Company 3033 East First Avenue �` ��i /', 400 Second Avenue South Suite 600 Minneapolis, Minnesota 55401 Denver. Colorado 80206 - Q * Gp (612)371-1111 303 321 1880 V * * Z - J K A to 9Z '� rn Mark Bilbrey / v:7� . .� ♦ President y �r O AMtRICAN John E. Freyer �� * * * ay1 LAND I I Ito, President ` -- • n�.nclnnc��u Authorized Officer or Agent , r' O %p ��� • • rrtt•• r« PLANNER: PROJECT: TYPE OF APPLICATION: DESCRIPTION: CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY Jessica Garrow/Amy Simon, DATE: 02/27/15 725 Cemetery LaneF. Subdivision ` t'.h The prospective Applicant would like to divide they property located at 725 Cemetery Lane (Parcel ID # 2735-122-00-008) into 2 lots through a Lot Split. A duplex home is currently located on the site. The applicant represents that the lot has not been. previously subdivided. The lot is within the R-15 zone district. There is an access easement running along the north property line that provides access to the landlocked property to the west. Please note that access easements are deducted from lot area for the purpose of calculating FAR and density. As per the R-15 zone district, the minimum lot size per dwelling unit is 15,000 square feet for a single family residence and 7,500 square feet per unit for a duplex residence; and the minimum lot width is 75 feet. The newly created lots must comply with the R-15 zone district requirements, as per Land Use Code Section 26.710.050. The applicant is interested in pursuing a subdivision review to permit 2 duplexes- one on each newly created parcel. The newly created lots must meet the R-15 zone district requirements. The process requires review by City Council. It is strongly recommended that the applicant meet with the Engineering Department to discuss the proposed curb cuts for the lots. Neighborhood Outreach is required prior to the first public hearing in accordance with Land Use Code Section 26.304.035. A link to the land use application is found here: http://www. aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%2OFees/2013°/o2Oland%20use%20app%20form.pdf Land Use Code Section(s) 26.304 Common Development Review Procedures (as applicable) 26.304.035 Neighborhood Outreach 26.480.030.E Procedures for review — Minor Subdivisions 26.480.040 General Subdivision Review Standards 26.480.060.A Minor Subdivisions — Lot Split 26.490 Approval Documents (for plat requirements) 26.710.050 Moderate Density Residential (R-15) Zone District Review by: - Staff for complete application - City Council Public Hearing: Yes, City Council Planning Fees: $4,550 Deposit for 14 hours, additional hours billed at $325 per hour. Referral Fees: $275 hourly rate for Engineering. $975 flat fee for Parks. Total Deposit: $5,800 To apply, submit ONE COPY of the following information for completeness review: 1. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. HOA Compliance Policy (attached) 7. Pre -application Conference Summary. 8. An 81/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 9. Improvement survey of existing condition. 10. Proposed subdivision plat. 10. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 11. All other materials required pursuant to the specific submittal requirements. ONCE THE APPLICATION IS DETERMINED COMPLETE, PLEASE SUBMIT THE REVIEW FEE. The total number of application copies needed will be determined by the assigned planner. 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. 777 CLUB LLC ASPEN GOLF PRO SHOP ASPEN SCHOOL DISTRICT NO 1 RE 777 CEMETERY LN 299 MILWAUKEE ST #502 0235 HIGH SCHOOL RD ASPEN, CO 81611 DENVER, CO 80206-5045 ASPEN, CO 81611 BARWICK STEPHEN H 705 CEMETERY LN ASPEN, CO 81611 CALLAHAN CYNTHIA TRUST 74.95% 750 CEMETERY LN ASPEN, CO 81611 DRUEDING THOMAS W 3 BOARDMAN PL CAMBRIDGE, MA 02139 HUDSON FRASHER ANN 616 TEXAS ST FORT WORTH, TX 76102 MENSCHER LELYA J 725 CASTLE CREEK DR ASPEN, CO 81611 ORE BUCKET ASSOC LLC 1944 HUDSON ST DENVER, CO 80220 RED MTN GRILL 1000 TRUSCOTT PL ASPEN. CO 81611 BIDWELL CAPITAL LLC 2711 N HASKELL AVE STE 1650 DALLAS, TX 75204 BRENNAN CHRISTINE 3 BOARDMAN PL CAMBRIDGE, MA 02139 CARRIS SANDRA L TRUST NUMBER TWO CITY OF ASPEN PO BOX 966 130 S GALENA ST ASPEN, CO 81612 ASPEN, CO 81611 ENGELS JOHN L & VELMA B PO BOX 8132 ASPEN, CO 81612 KATZ ANDREW & DEBORAH 1 SUSSEX ST LONDON, UNITED KINGDOM SW1V4RZ, MEYER FAMILY LLC 101 DESTIN RIVER RIDGE, LA 70123 OREN NEDRA RES TRUST 3526 BAYSHORE VILLAS DR COCONUT GROVE. FL 33133 ROUSH G JAMES AS TRUSTEE OF ROUSH TRUST 2441 EVERGREEN POINT RD MEDINA, WA 98039 SALOMON CHESTER B & ARLENE LIDSKY SEAMANS STERLING WILLIAM 50% 975 PARK AVE 717 CEMETERY LN NEW YORK, NY 10028 ASPEN, CO 81611 WINCHESTER ROBERT P WPPY LLC PO BOX 5000 19946 N E 36TH PL SNOWMASS VILLAGE, CO 81615 AVENTURA, FL 33180 GREENE ANTHONY F 705 CASTLE CREEK DR ASPEN. CO 81611 MACCASKILL PAUL L PO BOX 12374 ASPEN. CO 81612 NELSON NATHAN & TARA 707 CEMETERY LN ASPEN. CO 81611 RABINOW RICHARD A & KATHRYN L E 3711 SAN FELIPE #12-1 HOUSTON, TX 77027 ROWLANDS DONNA K REV TRST PO BOX 8310 ASPEN, CO 81612 SEELEY EILEEN MARIE 50% 717 CEMETERY LN ASPEN, CO 81611 ZANIN FAMILY INVESTMENTS LLC 0308 MCSKIMMING RD ASPEN, CO 81611 L�ZD25.--)1S.As(-U 2 5 THE CITY of ASPEN Land Use Application Determination of Completeness Date: March 23, 2015 Dear City of Aspen Land Use Review Applicant, We have received your land use application for a 725 Cemetery Lane — Lot Split and reviewed it for completeness. ❑ Your Land Use Application is incomplete: Please submit the following missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete. Please submit the following to begin the land use review process. • Digital copy of the application (PDF). • Deposit of $5,800.00 Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Th Yo�AAWA=- '76finifer P e , Deputy Planning Director City of Mpren, Community Development Department For Office Use Only: Mineral Rights Notice Required Yes No C GMQS Allotments Yes No Qualifying Applications: New PD Subdivision, or PD (creating more than 1 additional lot)__ Residential Affordable Housing Commercial E.P.F. Lodging �:7 Jai ( J' Olt 5-'7, 21 a 4Wdtrgt: E>C:Z36um I , W. cz M V r`� U I, IGf w go 41b VICINITY MAP,'�`� SCALE I INCH - 20 FEET 0 10 20 30 40 LEGAL DESCRIPTION EXCHANGE PARCEL A A PORTION OF LOT 44 WEST ASPEN SUBDIVISION FILING NO. 2 ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 4 1968 IN PLAT BOOK 3 AT PAGE 308, PITKIN COUNTY, COLORAD6 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH CORNER OF SAID LOT 44 (NO. 6 REBAR) THENCE N34°00'W 59.31 FEET ALONG THE SOUTHWESTERLY LINE OF SAID LOT 44: THENCE S48°19'33'E 53.10 FEET TO THE SOUTHEASTLY LINE OF SAID LOT 44: THENCE S25°07'12'W 15.31 FEET ALONG THE SOUTHWESTERLY LINE OF SAID LOT 44 TO THE POINT OF BEGINNING CONTAINING 389 SO FT. LEGAL DESCRIPTION EXCHANGE PARCEL B A PORTION OF LOT 43 WEST ASPEN SUBDIVISION FILING NO. 2 ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 4 1968 IN PLAT BOOK 3 AT PAGE 308, PITKIN COUNTY, COLORAD6 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 43 (REBAR W/CAP 28643) THENCE S34°00'E 65.82 FEET ALONG THE NORTHEASTERLY LINE OF SAID LOT 43: THENCE N54°51'32'W 33.16 FEET: THENCE N15°16'31•W 36.78 FEET TO THE POINT OF BEGINNING CONTAINING 389 SO.FT. PLAT NOTE THE PRUPOSE OF THIS LOT LINE ADJUSTMENT IS TO PROVIDE A MINOR ADJUSTMENT TO THE COMMON BOUNDARY BETWEEN LOT 43 AND LOT 44 WHICH WILL RESULT IN NO NET INCREASE OR DECREASE TO THE SOUARE FOOTAGE OF EITHER LOT 43 OR LOT 44. NO ADDITIONAL FAR WILL BE ALLOWED AS A RESULT OF SUCH LOT LINE ADJUSTMENT. ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS PUT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. M, LOT 42 YEL 195 IL O T LINE ADJUSTMENT PLAT OF LOTS 43 & 449 WEST ASPEN SUBDIVISION, FILING NO. 25 CITY OF ASPEN, ® IL O R A D RED CAP 25947 UNPLATTED 3 c 0 YEL CAP 28643 41-E- NO. 5 REBAR EXCHANGE PARCEL B IL ® 11 4E 3 AREA - 0.4471 ACRES /- / 19,474 SOFT.-/- W / N M � 2 / HOUSE UNDER CONSTRUCTION 84°Ol 00 E 160.70' SEE IRECEPT. NO.L EASEMENT A425496NT AND RECEPT.NO. -- 10 EASEMENT SET CORNER z E Lu w I MULTI -LEVEL WOOD / & MASONRY HOUSE EXCHANGE PARCEL A 3 / LOT 44 AREA - 0.3612 ACRES•/ 15,734 SO.FT.. / NO.6 RE-BAR"NO CAP / HORIZL CONTROL L i � ;M o 111 CURVE DELTA ANGLE RADIUS ARC CHORD CHORD BEARING C 1 50°35'23• 220.00' 194.25' 188.00' S 81°17'41'W OWNERS' CERTIFICATE KNOW ALL MEN BY THESE PRESENTS THAT THE UNDERSIGNED, BEING THE OWNERS IN FEE SIMPLE OF CERTAIN LANDS IN THE CITY OF ASPEN, PITKIN COUNTY DESCRIBED AS FOLLOWS: ROBERT M. HORNING AND KHARA P. HORNING AS OWNERS OF LOT 44 WEST ASPEN SUBDIVISION FILING NO. 2 ACCORDING TO THE PLAT THEREOF RECORDED' SEPTEMBER 4, 1968 IN PLAT BOOK 3 AT PAGE 308, PITKIN COUNTY, COLORADO; AND SKY ISLAND ENTERPRISES LLC AS OWNER OF LOT 43 WEST ASPEN SUBDIVISION FILING NO. 2 ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 4 1968 IN SLAT BOOK 3 AT PAGE 308,'SITUATED IN THE CITY OF ASPEN, AND COUNTY OF PITKIN, COLORADO HAVE BY THESE PRESENTS LAID OUT REPLATTED THE SAME INTO 'ADJUSTED LOT 43' AND 'ADJUSTED LOT 44- AS SHOWN HEREON AND DESIGNATE THE SAME AS THE LOT LINE ADJUSTMENT PLAT OF LOTS 43 6 44 WEST ASPEN SUBDIVISION, FILING NO. 2, CITY OF ASPEN, AND COUNTY OF PITKIN, COLORADO. AND FURTHER STATE THAT THIS LOT LINE ADJUSTMENT PLAT SHALL BE SUBJECT TO THE TERMS AND CONDITIONS AS SHOWN ON THE WEST ASPEN SUBDIVISION PLAT RECORDED SEPTEMBER 4 1968 IN PLAT BOOK 3 AT PAGE 308, PITKIN COUNTY, COLORADO. EXECUTED THIS _ DAY OF 2001 LOT 43 OWNER: SKY ISLAND ENTERPRISES, LLC, A COLORADO LIMITED LIABILITY COMPANY BY: MARK K. JOHNSON, MANAGER LOT 44 OWNERS: BY: _ ROBERT P. HORNING KHARA M. HORNING STATE OF T �) )s� COUNTY OF 1 THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2001 BY MARK K. JOHNSON AS MANAGER OF SKY ISLAND ENTERPRISES, LLC WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: STATE OF ) NOTARY PUBLIC )s• COUNTY OF ) THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF 2001 BY ROBERT P. HORNING AND KHARA M HORNING. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: Y PUBLIC CONSENT OF MORTGAGEE: LOT 43 KNOW ALL MEN BY THESE PRESENTS THAT COMMUNITY BANKS OF COLORADO BEING THE MORTGAGEE AS EVIDENCED BY THAT CERTAIN DEED OF TRUST RECORDED FEBRUARY 26 2001 AS RECEPTION NO. 451853 IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY COLORADO HEREBY CONSENTS TO THE RECORDING OF THIS PLAT AND THE CONVEYANCE OF 'EXCHANGE PARCEL 8- AS DESCRIBED HEREIN. EXECUTED THIS _ DAY OF 2001. MORTGAGEE: COMMUNITY BANKS OF COLORADO BY. TITLE CERTIFICATE THE UNDERSIGNED A DULY AUTHORIZED REPRESENI\TIVE OF PITKIN COUNTY TITLE INC. REGISTERED TO Db BUSINESS IN PTKIN COUNTY-ILORADO DOES HEREBY CERTIFY'THAT THE PERSONS LISTED AS OWNERS ON THIS PLAT 60 MOLD FEE SIMPLE TITLE TO THE WITHIN DESCRIBED REAL PROPERTY FREE AND CLEAR QF AL LIENS AND ENCRUMBRANCES EXCEPT THOSE LISTED ON THE OWNER'S CERTIFICATE. ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS PLAT ARE TRUE THIS CERTIFICATE IS NOT TC 3E CONSTRUED AS AN ABSTRACT OF TITLi_ I -NOP. AN OPINION OF TITLC NOR A G_'ARANTEE OF T)TLE AND IT 'S U`VDERSTOOD AND AGREED THAT PITKIN COUNTY TITLE NC. NEITHER ASSUMES 4OR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABLITY' WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN. VINCE HIGENS, PRESIDENT SATED: 2001. PITKIN COUNTY TITLE INC. 600 E. HOPKINS AVE. ASPEN, COLORADO 81611 STATE OF COLORADO) COUNTY OF PIKTIN I THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2001 BY VINCENT J. HIGENS AS PRESIDENT OF PITKIN COUNTY TITLE INC. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC SURVEYOR'S CERTIFICATE I, DAVID W. McBRIDE, HEREBY CERTIFY THAT IN JULY 2000 THRU JUNE 2001 A SURVEY WAS PERFORMED UNDER MY DIRECTION AND SUPERVISION OF THE HEREON DESCRIBED PROPERTY. THE LOCATION AND DIMENSIONS OF THE BOUNDARY LINES UTILITIES IMPROVEMENTS AND EASEMENTS SHOWN ON THE PITKIN COUNTY TITLE INC. TITLE COMMITMENT PCT DATED 2001 AND MEMORANDUM OF O*NERSHIP, JOB N0. DATED ARE ACCURATELY AND CORRECTLY SHOWN HEREON THE CONTROL SURVEY PRECISION IS GREATER THAN 1:10 000 WITH AN ACCURACY TO 0.001 OF AN ACRE AND THAT THE SURVEY WAS DONE IN ACCORDANCE WITH CRS 1973 TITLE 38, ARTICLE 51 AS AMENDED FROM TIME TO TIME. ti SIGNED THIS DAY OF , 2001. , qy 4 a DAVID W. McBRIDE RLS 16129 ASPEN SURVEY ENGINEERS, INC. - 210 S. GALENA ST. ASPEN, CO. 81611 +" 4 4° CITY ENGINEER'S APPROVAL LEGEND AND NOTES WASSREVIEWEDLOT LIEANDJAPPROVED PBYTTHE CITY ENGINEER OFOF LOTS 43 44STHESPEN CITYSOFDASPEN,IVISNtHISLING DAY 2 OF 2001. • FOUND SURVEY MONUMENT AS DESCRIBED ® MANHOLE CITY ENGINEER, NICK ADEH ' SURVEY CONTROL COMMUNITY DEVELOPMENT APPROVAL ---— 8 WOOD FENCE SPLIT RAIL THIS LOT LINE ADJUSTMENT PLAT OF LOTS 43 6 44, WEST ASPEN SUBDIVISION, FILING NO. 2, W - EDGE OF GRAVEL WAS REVIEWED AND APPROVED BY THE DIRECTOR OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF THE CITY OF ASPEN ON THIS _ DAY OF 2001. TITLE INFORMATION FURNISHED BY a. ­4 LOT 44 DIRECTOR, JULIE ANN WOODS PITKIN COUNTY TITLE INC. MEMORANDUM OF OWNERSHIP DATED JULY 2, 2001, JOB NO. 1691 " LOT 43 PITKIN COUNTY TITLE INC. MEMORANDUM OF OWNERSHIP CLERK AND RECORDER'S ACCEPTANCE DATED DATED JULY 2, 2001, JOB NO. 1691 ACCEPTED FOR RECORDING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, PROPERTY IS SUBJECT TO SIDEWALK CURB d GUTTER AND COLORADO AT _ O'CLOCK _.M. ON THIS _ DAY OF 2001 IN PLAT PUBLIC IMPROVEMENTS AGREEMENTS SEE RECEPT. NOS. BOOK AT PAGE AS RECEPTION NUMBER 431143 AND 431144 LOT 44 ACCESSORY DWELLING UNIT AGREEMENT IS RECORDED AS RECEPT. NO. 434979 LOT 44 CLERK AND RECORDER, SILVIA DAVIS PREPARED BY O SET EXCHANGE PARCEL CORNER NO. 4 REBAR WITH RED CAP 16129 ASPEN SURVEY ENGINEERS, INC. 210 S. GALENA STREET ASPEN, COLO. 81611 PHONE/FAX (970) 925-3816 job no. 18267A REVISED AUG. 6, 2001 ADJACENT 2-STORY DUPLEX I 6.2 COR CORS'3 END. CITY CPS MONUMENT #GPS-11(N) ELEV=7849.59' NAVD '88 �I FND. CITY GPS MONUMENT #GPS-10(N) ELEV=7871.92' NAVD '88 A / ❑ N 36'S1'49" W 1517.03' MEAS.BENCHMARK AND ELEVATION DATUM USED HERON 0 0 .gyp\N � FAIRWAY CONDOMINIUMS J8(N 36°01'17" W 1517.09' MARGIN/CITY) + <3 m m ❑ ��E� (PER PLAT BOOK 14 PAGE 28) CRD2'g Lu-, c SPA pP ° s - In m° r° o .pie CITY OF ASPEN 76*2600 $ Q 7' +' GOLF COURSE CO `b= WOOD DECK W/ BOARD FENCE + 7a 82.7 GRD r cc eo� Coo 00 oco No n z + S W SPLIT RAIL FENCE ❑ S 76726'00" W � 81.00' - - - - - �8 ASP ` ` O8 ASP O 0 O 10 ASP J886.2 � - --------- i 7gg 6.7 - - - - - - - T 78g N 6.2 D 8° ' + 8" 11., SP q ASP219.v 7885 , �f� O O---O - + SPLIT RAIL FENCE 7" 0 ASP A �q 0p 3.0 Fq�� \ SS LATERAL SS �8�j SS-Fp88>-SSE 87.62 SS >9 -E7�S ---7a g�� c 87.47 -_��S ggpOE _ 87 (219.00')i<) 8 2 ASP /, -------R �7 3�--010- A�P� \ ASP ASp IN I 9)R SS ° S� F!�\ 7.03 SS FP 86. g2 P 8 Ssg fF_86- 8 \20 EP 84. 76 EP 84'590�929 SS ASPHALT PAVED DRIVEWAY I + 78889 x�p l PgVa + 78ga PAVE.I \\ + ;'88 20' WIDE "NON-EXCLUSIVE EASEMENT" + \ Ssp \ \ SS -1-SS + sS 7 a8 T SS - K 13, I oo AE.7 o(PER BOOK 572 PA � 384) � Pg874 E \ \ 7886'3 \ ASPHA+LxBB��ED (DRIVEWAY PAVE V A ^� AV a I ° o 0 $$9 �0' w 8 ��. 0 \ 60 \ '\ ti w E 0 WQ bOQ Cc 0 06 A� - - O�ASP RAIL FENCE 09»ASP ET PK EPBT 8D 09"ASP O8 ASP ❑ ❑ $4� 907"ASP of a EP87'2\ ®Jg8 6 6 •A -< \�Od ^� ^�DllbQ 7886 4»ASPo p� / 0 ® -7a$SP�ID9SPLrT SP A 5" P❑ 5 A PLIT RAIL FENCE i SP A 5 # `p\ .2� o er88 P--�- SP� ®7 k82.01 FN70 10 ie e+ \GRD V7 \ /f m _ _ GRDv o0 CRDO.o o ( +GRS 3 / GRp3'0 CRDn2 \ \ \ \ 12 88sp 78 \ \ �/ \ _ - _ - \ II 78 HACK 7 8 \\ GRDS'3k�RBD --PG�85.20 + D +�R02.7 / D \ 0 7888 \ + 78 / �Q88 PO 884 /25' J i \\ 12„ASP \\ CRD7.6 + 7887 / l / D Ii I GRD 00 + 88 $ETBACK, i \ 1 0 78R8,9 \ TOE l2 / I I I C / 7g 7 \ 1¢ »ASP / + 780 8 \ \ 887 29.52' I J88 FL J GRD 3 + 7gg8 3 / I I I I l /8 8 4 FL �\ \\ !ZJA�� / I I I I � � 1 \\ U I ( I 089.\ \\ `n 7882 9 68GRD II\+�R8D -1 SP O + 7885 88P I GRD CO.WO7 _I � PGRD �89.7 v o, .4 ASP cil �78 m /' \ iCR8�-g-- ----+- - - - - - - - - - -- - \`\` I �E84`O l I j&pT E��2. 78 8 4 8889 DW88.1 G - / / 1\ - + / 3 Cc o s..AS G �\ / 1K , 7g8�5 � GRD .g \V O+ 78ga N� / �GRD- \ \ ST 4 3g4, c �� CNCo �Q jv J 1 \ Opp PpR no� 78 aJ1 / /� T&CTV �� L 8'4 LOT 1 "' ' 78 \ \ CA T/ /GRD 6.3 / / ��G� GR .7 q^ Y 7 83 2 Ap� E+ C 883 2 % GRI 4. \ NET AREA = 17,681 f SQUARE FEET �F� ,3. D �b RD \ \ \ \ GROSS AREA = 22,023f SQUARE FEET a ��9' FR wdoo eq< � G ` C p4•s FL 6 \\\ 11 89.6 \ \ + 7 �4.4. iC�NY 3.7 78 4- - \ ASP \ GRD 6 6 G 88 \ J 883.2 PND82 ELBa.s\\1 �78 \\ 2- LEVEL RESIDENTIAL WOOD FRAMED HOUSE GON E836 G EP G=8832G 8g J d, OI "D C \\ 14 ASP + 78g3 ASPHALT PAVED DRIVEWAY CIV PAVE* a M' E \ oo m (D Co s TgACK \ +GRBg� �� +C78 904 2 x�QP ^°w c� p+ Ja\ 06'I OG. C /// �' -� ss ss 7 ss ` _ - m - �'� 7 1 gD� 6 + 14 0�. ^ / o= 883.5 883 2 8.70 4 ASP\\ DECK, 2� ��� Cp�C P AT O p. EA u ® EP - - -94, �0 66.56' �5 w iSE V m o m 7883.7 �aw> - _ --- oOD o -- 6 (PROPOSED LOT SPLIT LINE) o° + Jga »ASP CP \ Apo J .P - ---------�®------------ FCk nw�-40------ 177_87'-�� s� ---- ------PAVES -- �_/•L.� 5 7890Ep .2 ta \ N 76'26'00" E J E N \\ \\ b m Ll NOT TU9 0 a o x IFF GRD3.3 E + / /// 018Sp2 of o N \ \ + 788s 6 CO / /�R�4.g i �Gi / of �o�Q- TWIN ASP FNC 0 - - -E- CANT/4 VF - 2 7g83.6 Os \\ ® � + ,g9A5 788 4 J74886: r P 2 6VCOo Eoa 67 ° PAVE 8 / / +c8 .7 �- - E 7890.6 1 78 9 CL m T AVE aye v /V/ N / / R0 789 (n \"ASP F C93 AT S CGNy 789 / i + Ja86 I E �� EP D.5 Z \ ��8 I + 788g•2 / / E 8J�� DEC '8 / // GRD 4 7�8 g v o °'• 90 I GRD / / qP 4' 2 / l / GILD _ \\ /1088�7 8� �' PAVE l l+ 7885 3 / - - - - - - IRONWOODS CONDOMINIUMS \ / / 0T >�� E�Sg3�GR0'/ \ PER PLAT BOOK 26 PAGE 17 7 8g•3 \ + / /' / / / / + 788 1 1 ' i2�PR 11II -'AR ( ) CL 78 � / / / / 3.7 I 1 � / 0 \ z 0 ¢-SS X ��°G�?� 6 T oEE >8a 0 0 z n D \ AI 5"TRoE 0 > (A 78g3 2 n -T/R CREEK \ / C � EC Ld + Jg8 CON 4 D z m 0 � E a TREE o >80 C 833 > 3 < Of 7883 .5 LLB O_ Lj o L LJ 883. g y 1n x r \ / C) \ \ A m / + 7884 1 \ / CL R� \ \ � D Cn M LEGEND SSMH - SANITARY SEWER MANHOLE CMP - CORRUGATED METAL PIPE FL FLOWLINE LAT. / LATERAL FIT FINISHED FLOOR ELEVATION EC - EDGE CONCRETE EP - EDGE OF ASPHALT PAVEMENT GRD. - GROUND & E \P\� TELEPHONE & ELECTRICAL LINE -G -W- - GASNE ❑ CL - WATER LINE RFp _ CENTER LINE SPpO -SS- SANITARY SEWER LINE pP 881 8 ❑ COR FNC 0/ GRAPHIC SCALE 10 0 5 10 20 40 ( IN FEET ) 1 inch = 10 ft. 4v (' ' PROJECT LOCATION 9 �I Ct. N w � Tent a s�� zl t. d rQ l C b&rsu mit St. ASPEN ePz VICINITY MAP N.T.S. \ / 0 \ KNOB ss Z os NOTES: SM�GGL n 0 3»ASP 0 m ��N 4 0 1 7 PA VC i %.10 \`% 7890 g 5 ASP8 , G ID , / / l l EP 84.1 / + 7 EP 83. 7 E 1 I / r fA 7 83 \ \ 1 ASP \ +178 / l l PA 38 1 I I (\GR 5 + 7883 \ 1 CL PATH /' l' /l \\ +8883g II \\ 1\ \\\\ CRD.9 11 i+IER 54 E1891.8 l ` k� LOT 2 , / l \ AVE II 1 sqd� NET AREA = 17 681 f SQUARE FEET / / I \ P\ \ \ \ + 7883 POND I I + 1 1 H 7883 \ \ \ \ \ GRD 8 EP 84.3 \ + 78g3 8 PI( N' AIL\ + J�a \ \ + 78 PAVE \ GRD\4.5\ \ \ \ \ PO 0 l \ 4 P \ + 78 N FL 89.4 O0® 1 > ®J \\ +GRD 9.6 \ \\SCOT 4 \ ��83.7\ \ \ GRR6.6 \ D I ASPHALT PAVING \ 7891 6 89p 58906 \ EP 1 \ W 6 q 9 ASp \ �+ Jg ASPHALT PAVED DRIVEWAY \ \ _ I \ f ASP Sp � _ I EP 1'4 O \ 14,�0 \ 890J \\ \\ 1488�VCE + 1 \ \ \ +GL P 2 7883.8 \ \\ GRD / (n 788 4\\ 789 P 91P®J SP \ 7884 \ + 8g6.1 N +I Os \ C30 9 3 ASP,Qt \ \ \ \ 886.8\ \ A7-H \ 3 9 PAVE \ \ IGRD \ m \ ® b,\ *1 ®5 ASPi \ \ \ \ \ \ \PATH\ \ \ \ \ \ EP \ g3 + ,S.9 + CO \� \ \\ \ \ \ \\ \ \ �� E \ \\ \\ X� \11 ' ®78917890 ASP ASP p 5„ASP8 4-� \ \ \\ \ \(�j \ 883.9 4�� / \ \ A GR`0.1 \ \ \ \ \ `�7785 1 \ \ G ^ Q +p 8 3.9 EP 84 ca9p ���Q� \\ \\ \\ \\ \ \ sPRucE \ 78 8 0° EVE + 7891.\ X�Q \ \ \\ \ \\ \\ \\\ \\ EP83 ' J / EP85, EC85'S \ \ I 1 \ \ \ \ N �w° P)4.8 8R�1.9 \\ \\ i vl BgpRU 1 \ \\ \ )88 \ �° / / _ AQ ^�qQ E J l + / C \ S i / 8g5.8 \ Q1895pR BR��.1 I / I \ �� 700 / +7885.5 �8 _ EC \ \2 \ 6 \ I / \ _ C� 9� l GRD- GRD 8 +7 g5Cb o� \ ®�9 5e� "sP1012,\ I / \ ' - _ +/7884 ` GRo 6� - - �p 2 alb \ ® I RD .g - - ^q �P 891.3 \-____ � �----� +788 � - 7 GRO S0 P, lI p / I 7R - - �886. 9 \ GRD 8.1 + E8 6. 0 pF �7gy1 7 \ -P 78- I 6,•TRe \6\'T1?EE - - - - \ G)J0. \ oQ C8 D. 7 \ \ 12 "SPR \ 6\ SEE 1 I E \\ \\ + O \\ om 1 I s8RE3 _�, 7 \ \�E'84.9 �101, .4 Mm \ 7890 6 °. \ N \ O \ ® 78 E ® 7887 REE \ \ _ SPRUCE SfpRUCE o 122.30' + \ \ 6 TREE lb \ \ + 68tl8.6 \ ` - (177.70')� 6 TREE 6„TREe \ ® 788r,8 _00 CL 000 s 76°26'00" W 3.32' ----------N 162_6'00" E _ -_ _ -To FND.5/8"YELLOW PLASTIC CAP o \\ �Rp9--------------------------- - M�pS��FM/ 7886 CITY OF ASPEN GOLF COURSE TRICO" WITNESS CORNER 10.35' TO LOT CORNER o - 4 p p GRD vs + 3 CHAPMAN CONDOMINIUMS HSE9``' i6s 811 w 0� 886 z (PER PLAT BOOK 15 PAGE 91) / / TRAN 0 p .7 I / / G 86.7 / D k S 1. THE SURVEY SHOWN HEREON IS BASED IN PART ON THE ALTA COMMITMENT ER FOR TLI._E INSURANCE REPORT. ORDER NO. Q62006490-2, DATED MARCH 9, 2015 BY LAND TITLE GUARANTEE COMPANY. 2. THIS PROPERTY IS SUBJECT IN PART TO THE FOLLOWING: (AS PER THE EXCEPTIONS LISTED ON THE ABOVE MENTIONED TITLE COMMITMENT) A) RIGHT OF A PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT N RECORDED JUNE 16, 1894 IN BOOK 55 AT PAGE 45. B) UTILITY EASEMENT AS GRANTED TO MOUNTAIN STATES TELEPHONE AND TELEGRAPH CO IN INSTRUMENT RECORDED DECEMBER 11, 1929, IN BOOK 162 AT PAGE 172. C) TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED APRIL 28, 1964 IN BOOK 206 AT PAGE 560. D) TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED SEPTEMBER 01, 1988 IN BOOK 572 AT PAGE 384. Cn 3. BUILDING SETBACKS SHOWN SHOULD BE VERIFIED WITH THE CITY OF ASPEN PLANNING 6 o AND BUILDING DEPARTMENT PRIOR TO ANY DESIGN OR CONSTRUCTION. \ SURVEYOR'S CERTIFICATE: / \ "THE \� UNDERSIGNED HEREBY CERTIFIES TO LIBMAN DEVELOPMENT, LLC, � rm A COLORADO LIMITED LIABILITY COMPANY AND THE CITY OF ASPEN CO 00 N THAT THE IMPROVEMENT SURVEY TO WHICH THIS CERTIFICATE ^C', 1n 0 IS ATTACHED, PREPARED BY THE UNDERSIGNED, A PROFESSIONAL 3"ASp LICENSED LAND SURVEYOR, WAS ACTUALLY MADE BY INSTRUMENT SURVEY 8 0 // UPON THE GROUND; THE SURVEY AND THE INFORMATION, COURSES AND / DISTANCES SHOWN THEREIN, INCLUDING, WITHOUT LIMITATION, ALL SETBACK AND YARD LINES, ARE CORRECT; THE SIZE AND LOCATION OF ALL BUILDINGS, / STRUCTURES AND IMPROVEMENTS ARE SHOWN, IF ANY". / (A I FURTHER CERTIFY THAT SAID BUILDINGS, STRUCTURES AND IMPROVEMENTS / ON SAID PREMISES ON THIS DATE, MARCH 18, 2015, EXCEPT UTILITY / CONNECTIONS, ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL, EXCEPT / F AS SHOWN, THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED 3 PREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES, EXCEPT AS i ASp INDICATED, AND THAT THERE IS NO APPARENT EVIDENCE OR SIGN OF ANY E885.3 7 o EASEMENT CROSSING OR BURDENING ANY PART OF SAID PARCEL, EXCEPT AS NOTED. THE ERROR OF CLOSURE OF THE BOUNDARY SHOWN HEREON IS ` LESS THAN 1/15,000. DATED: BY: ROBERT C. HUTTON, PLS #24312 r 6 5 / $ \� L X PROPOSED LOT SPLIT IMPROVEMENT & TOPOGRAPHIC SURVEY / OF THE LANDS OF HUTTON AS DESCRIBED IN DEED RECORDED APRIL 19, 1994 / IN BOOK 748 AT PAGE 396 AS RECEPTION #369310 ASSESSOR PARCEL #2735-12-200008 (725 CEMETERY LANE) CITY OF ASPEN PITKIN COUNTY COLORADO TOp SMOCGCER MpUNTgfN SCALE: 1 " = 10' ROBERT C. HUTTON PROFESSIONAL LAND SURVEYOR 725 CEMETERY LANE ASPEN, COLORADO 81611 (970) 544-9952 DATE: MARCH, 2015 SHEET 1 OF 1 JOB# 104-CEM ADJACENT 2-STORY D 6.2 COR CO 5'3 FND. CITY CPS MONUMENT #GPS-11(N) ELEV=7849.59' NAVD '88� FND. CITY CPS MONUMENT #GPS-10(N) ELEV=7871.92' NAVD '88 BENCHMARK AND ELEVATION DATUM USED HERON o LPN ❑ IN36°51'49" W 1517.03' MEAS. a "1G�� FAIRWAY CONDOMINIUMS + 78(8N 36 o1'n" w 1517.09' MARCIN/CITY)co <3 m ❑ (PER PLAT BOOK 14 PAGE 28) ORD2.8 �e CITY OF ASPEN GOLF COURSE a� DEC +7g82 0 No a6g D G + q�p WOOD DECK W/ BOARD FENCE _j S 76'26 00 W GRD 7 000C� �z +COI S 76'2600 W aQ 0 SPLIT RAIL FENCE �_ ❑ ❑ ° ' " rCO� 78 81.00' - - - - - �8 ASP ` ` 08 ASP O 0 �j - - + 7g86.2 + >88 + 78g6. 8 ASPZI�.1J' + 85 8,. 7," P 3.0 10'ASP _-�N�------------6.� 2 8 ���p, > ASP �p + SPLIT RAIL FENCE 7'• O SS SS > > 87 ----- SP---- )12»ASP ---� ------ }SpQ\ ASP ASp -7 z"A ND O (219.00, --0- -_ > O 0 - � `7" -�U 5-ASP / c�ail �`,o6'0p9 \ LATERAL SS,ct�8j SS-F,o88j> SSf�-SS�A88>-���Si €�8747 SS Fp87.1> 087,03 86g 86. 86 8 84 88 >8 > > Z9 8 SS FP 2 P Sg 2° 76 4.5 8 SS -ASS EP � SS SSP EP EP 9 FA 3 Fq 82 I Nk� oASPHALT PAVED DRIVEWAY /1 + ;78a 9 + >8�8 I o \ +PBg> > 20' WIDE "NON-EXCLUSIVE EASEMENT + 7gg7 \ + ? 1 \ ss+ SS ss N 788 Kss-- �� / saga ��h PA E �� \\ PA vC* AVE ^�p(PER BOOK 572 PAG�384) PgVEo \\ PgI3 ^� \ ry ASPH� qB��ED� RIVEWAY �� o / k P� 1 Q A Q - _ - �/ 7g Cd ��Q �Q I�a�Q \ 1 ^�Q 1��Q' ^8Q ^SQ O6 ASP �-77,ASP O9 ASP rT PK EP8j8p 09"qSP 08"q $6�O>„ 87.2\ ® 1886' 4 ASPo / / �g8�1 S,PL� RAIL FENCE G EP > 6 9 ASP O ASP O q ® 5 5P �'� ❑ ❑ -�' - ° -° - ° - ❑ ❑ ❑ SP ASP ❑ 6 A$ P ° 0 5„ / ❑ _ 5 PUT RAIL FENCE i ❑ ��� o ( ��d� c 8 FNC 9 / T 888 2 �8� � + >8�7 - - - - � F rr� / T� � ®S 82. 0, FNC 9.7p ��So o I \ O �086 + 7886 / DP U TOP \GRD �4 + / tic SD / ke q \ / ¢ \ C886 TOE .50 7886 0 / + 7 / 7 + 7g82 T1E N PGK o m \\ RD GRD ( 88 3 883.0 GRD / GRD \ 72'AS9 78 x \ \ GRD \ - - - \ x GR p _ - -F �88g 2 l D + CR82. > / / I I I 0�s �� ° � R/+ / /J 72 76 GRD 40p SP ORD$ETBACK i o >/2 1 C)788OR� ,4 8P 788 1 a 78 O >.8 \ \\ +GRD73 /\ 78883 29.52' I I I \\ (/l I CRD // I 78 4 FL 8 f 8'IASP1 \\\ \ \ \ �) // / I oo ca +ORD33 I GRD2.9 I 1 kaD4.1 N + 788 8 z 0 o- <-SS Q Q 6 TREE > O 8 � 8?s \ Q m 5"TRoE 0 83 n V) 7883 2 > m 0 m 0 n HUNT CREEK \ n / \ v / m 0 / o / o U) oCD °b 7 '\ q / I I I I \ _ GRD EC U O ;'88.4 5 'ASP \ \X / / I I I I \ N > L 7g----------------- - / / I I7g84.0 ` I T&Cj TVP2. +CN 4 0 GRD +781 I �E ` �i \ I H NE 0 1 qR5 8g _ l / 8„ 8 .4 § s 9. DW 1 O/� \ G / �N / \ + 78� +ORD3 s Co lz^roc \ IS�GTv >BQEE ::E \ AS I \\ OS888.4 cRD \1 �1 +j&GZH / r C83s (CA A OO'D PORG ��3 78 811 / / /� T&CTV I 7g83 !\/ 0 L 8.4 1 \ L O T 1 D / /�J J 78 4 EC . 5 LL _ \ �Cq /CRD6.3 / ���G 7 M + 7 83'2 APPO + 7883. OR W \ \ NET AREA = 17,681 f SQUARE FEET °` TILe� 3• GRD �mQ r + 7° - \ LE GRD 2 "(oo \ Q \\ GROSS AREA = 22,023f SQUARE FEET ��9•ER wdOD S / c G Dos _ _ _0a, O.6 \\ 1 V' >889.6 744, A>C6NY 883. _ 77g47- - -G -- E883.g D N \ 17 '5 "A Sp \ 1 7888 G 7 \ - 883.2 C 7 \ \\ GRD 6 CON 6 7 G EP 883.2 P D W \ PNDB.2 FL8g5\\1 \ 2- LEVEL RESIDENTIAL WOOD FRAMED HOUSE EP83'6 G EP G \ G7>88g \ `J \ 07 »D G \ 4"ASP \ \ + 7g834 ASPHALT PAVED DRIVEWAY NI \\ m / / CL R07 \ / / 7884 \ - _ - ry _ �9.3' 2 PgVE. >88� >8& \\ N y0' \ ----- - a EC y C 3 00o S TBACK \\ + 78g9.5 ^�& + 789D4 2 ^41 ^�� \\ //� o \\ - GRD-- g C91VC - x SS SS _ z 0>8 p o0�000G 2 8835 >883. i 1T1 SS SS S 7 8.7 14'ASP\ 6� + >897, 142, `bo'� S10 O' ;P, a EP 5 Y EP 2i L 1 A 0 _ _ \ 66.56' y DEc7C_HSE FF CONC P �' 4� o F i 7g83.> �O cn ®A�aPSQ 410 DD 64CP r7 (PROPOSED 177.87' LIT LINE) �o +Pq E.5 N 1/ �„�� - - - \ \�8 5 mac- ----- - --------------- T-- �° u --------------------------- ---- - - - - - ------- D - 7890 N \ ash N 76'26'00" E 7 E / of 2 N \ \ v HG 0 o a 883 3 // - ©7883 I I O U) \\ \\ + 0 T Toe x QF GR E // +/S8 72,.5 R6CE 1 O o LLJ DO 18896 ASP N FNC 0 _ _ + U i CANT7LF ti�� 7 7g 3 / / / / / / / I m CDP -� cl tx �� - - 4VF� J 883.s + EP� �/ E �/ l Ln O \ ® o) 1g9o�i \ / 7888 r 1q 788 p 883.6 / + 7 ? Eo r� Os 61 (�+ 4 P5P \ 4"16; OOD 7 E 7 +PSg 4 1 2 0 \ ® 7890.6 CON 6 o v 1 7g 9, AT � T PAVE � � egLCO AV / / GRp / � + 7 E > 789 - \ Q9' A S . + F c s NY 789 / / / 7886,4 m EP D. 5 5 \ > �8 7889 2 / / F 87��4 DEC ' 8 / °RD G7�8 5 v o 0, 90 I GRD / / P /qD IV / + 78817 d 2 / PAVE / I/+ Z \ I1//10,0I T�2i� // E�8g3'6 CRD 3/ /�i------\ +>8i IRONWOODS CONDOMINIUMS 7 \ 1 // / / / / / + 72�PR'-�o"_R \ I I con (PER PLAT BOOK 26 PAGE 17) CL 89.3 \I + 7g / / 7883 7 I I SP \ �� 83.7 PAVE' I I / /j 0 0 \ ® 9p \ G�7 / / / / 7884., /5 \ I I I \` �SP9 5 SP8 1 + >888 / / / EP +P883 8 I I I �\CR83. + \ I CL PATH // // /l \\ +P8g39 AVE II `\ 1\ \\\\ CRD,9 II 1+ICR 54 78g7 8 \ 1 k' LOT 2 I , , / \ AVE %3. 7\ \ \ \ \ I I II EP I \ A 9 NET AREA = 17�681f SQUARE FEE / I \\ ®7883 P\\ �\ \\ \ \\+C83.8 POND I II I +con EP 84.3 \ + 7883.8 PK VAIL \ + 7�84 \ \ + 78 p l I I \ \ PAVE' \GRD\ 5\ \yI \ \ \ \ PO 0 N \ ^ oP I \ + 7889.6 \ 7884 9 \ \ \ + ASPHALT PAVING Nr FL83.\ �e 7, 6-8'q 11 78gD6 \ CRD \ II \\»COT EP 4.1 \ Y86\7\ \\ORD6.6\ \ 6"A9sp� gSAs 5"ASp \ \\ Q788�9 1 ` \ ASPHALT PAVED DRIVEWAY \ \ _ 7P g1.4 � \ ��qNO - 78g0 7 \\ \ 14"SPRUCE + \ \ +CC P4.2 \ + 7883 8 \ G�RDB\6 7 \ ` / + 788 4 \ \ O \ 5 4SP \ \ \ \ 7886 g\ \ \ PA \ , PAVE \ \ \ GRD \ fn \ �96 ®5AI 1 \\ \ \ \C\PATH\\ \\ \\ EP 9 \ 838 \+G,459 +COA \ ®< � \ \ \ \ \ � E \' \ \ x 0» (9789, \\ G 788Al, P ASP B 51 A 0.8 P 8 \ \ \ \ \ \� \ 6„7897 1 + 0 \ \ \ \ lb Q'7 85 \ G883.9 46 + 7 8/3_ 84� GRD ' 1 \ \ \ \ 75� I \ Q PEE 9 EP \ \ \ \ \ SPRU o \ C 890.1 5QQ' \ \ \ \ \ \ GE \ 7g83.8 W°` \ x O \ \ \ \ \ \ \ \ \ EP ^4 Q J / EP 85. EC85' 5 +CRD7.7 1 \\ i \\ \\ \ \ \\ \\ SyeO , +78// \ \ I \ \ \ \ \ lb 0 pq�4.8 GRD 1 9 \ \ \ 15 BPRUCI \\ \ \ \,88 / / / 1Q // E 7885 1 + / \ S / / + 7 Ec 8 9A P >89 / \ 70 885 5 + 885 \\ ©�29 GRD\7 / \\ CP�� 0 GRD= - -GRD �1i8$6- EP85,2 �h moo \\ ® 9 c3 7 Sp/,012., R \ - - - - +GRD 4.9 - GRD \ \ 7 3 'ASP I 0 4 Co E 3" Asp E` N 6 0 ^NCO \ 3"ASP 8cn / U) / /6 1/3 'ASP EC85.3 D 1.3 50SaR I / / 7 - - - - - - - �8�6 \ - \ + GRD B' 7 + D 78 0.7 �\ 1 91 \\ D.0 Y� 6»T_8�E4- �6"TR\ o Cl \ R dREE 0 ® \ w \------ \ \ \ \ \ + j a \ \ 890 6 p 22.30' + \ 6••TREE �o p \ np� < I m I \ po \ \ \ + 7888.6 \ \ \ 6„TREE ----- ® 788 -(177.70')� 6»T >.5 1778'7--REE 7887 3 - 6 TREE 1 7 887 3 6"TREE ---- ® 788 \ 0 788 - „T�E7 \ \ 72»SP 9 E \ - � RUCE >886 --- 6,.T 8 - 7884 1p.,S 4 / TRUCE _- -�' om m 0 Do C) n S 76'26'00" W 3.32'--- \ aag9-----r11626�00" E - - -----_ - - - -------------- -- --- _ --- -- -- u / M CITY OF ASPEN GOLF COURSE FND . 5/8"YELLOW PLASTIC CAP TRICO' WITNESS CORNER 10.35' TO LOT CORNER 0 \< GR0----------------------------------- ----\-_ 450�w PRO . q 3 CHAPMAN CONDOMINIUMS HSE 1 / s 5a c q G 7 (PER PLAT BOOK 15 PAGE 91) / rRnN �D6 G 86.7 T I / aL k 7 LEGEND SSMH - SANITARY SEWER MANHOLE CMP - CORRUGATED METAL PIPE FL - FLOWLINE LAT. - LATERAL FF - FINISHED FLOOR ELEVATION EC - EDGE CONCRETE EP - EDGE OF ASPHALT PAVEMENT GRD. - GROUND & E �pN TELEP & ELECTRICAL LINE -G -W- - �GJN GAS NEE ° CL - WATER LINE ,-5D F CENTER - LINE PQO `< -SS- ❑ - SANITARY SEWER LINE P �O 881.8 COR FNC GRAPHIC SCALE 10 0 5 10 20 40 ( IN FEET ) 1 inch = 10 ft. v C 'd N lLer fey 1v� a kZ A Mount dr h View �. R v y o p G �Otlo" PP ' oe9�gke Snow Bunk, ln. �tQgnZco R d9e lea .. men t S,n w ' y Ct. a'P a I,o'ry t�z C"' �O�C Xo, y Aspe an J tet h & PROJECT � � � � � Music Foak R OCATION Tent s4 b� Gillespi pod ek q Qtia � w .,, ug t e v Leo Rd. i& m ,_ t �- �P e Co n r $ Czt i D rq tl bersu mit St. ASPEN 91� Pt VICINITY MAP N.T.S. NOTES: KNOB SMU CCLER 1. THE SURVEY SHOWN HEREON IS BASED IN PART ON THE ALTA COMMITMENT FOR TITLE INSURANCE REPORT, ORDER NO. Q62006490-2, DATED MARCH 9, 2015 BY LAND TITLE GUARANTEE COMPANY. 2. THIS PROPERTY IS SUBJECT IN PART TO THE FOLLOWING: (AS PER THE EXCEPTIONS LISTED ON THE ABOVE MENTIONED TITLE COMMITMENT) A) RIGHT OF A PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 16, 1894 IN BOOK 55 AT PAGE 45. B) UTILITY EASEMENT AS GRANTED TO MOUNTAIN STATES TELEPHONE AND TELEGRAPH CO IN INSTRUMENT RECORDED DECEMBER 11, 1929, IN BOOK 162 AT PAGE 172. C) TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED APRIL 28, 1964 IN BOOK 206 AT PAGE 560. D) TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED SEPTEMBER 01, 1988 IN BOOK 572 AT PAGE 384. 3. BUILDING SETBACKS SHOWN SHOULD BE VERIFIED WITH THE CITY OF ASPEN PLANNING AND BUILDING DEPARTMENT PRIOR TO ANY DESIGN OR CONSTRUCTION. SURVEYOR'S CERTIFICATE: e "THE UNDERSIGNED HEREBY CERTIFIES TO LIBMAN DEVELOPMENT, LLC, K00 A COLORADO LIMITED LIABILITY COMPANY AND THE CITY OF ASPEN 0000 THAT THE IMPROVEMENT SURVEY TO WHICH THIS CERTIFICATE 0 IS ATTACHED, PREPARED BY THE UNDERSIGNED, A PROFESSIONAL LICENSED LAND SURVEYOR, WAS ACTUALLY MADE BY INSTRUMENT SURVEY UPON THE GROUND; THE SURVEY AND THE INFORMATION, COURSES AND DISTANCES SHOWN THEREIN, INCLUDING, WITHOUT LIMITATION, ALL SETBACK AND YARD LINES, ARE CORRECT; THE SIZE AND LOCATION OF ALL BUILDINGS, STRUCTURES AND IMPROVEMENTS ARE SHOWN, IF ANY". I FURTHER CERTIFY THAT SAID BUILDINGS, STRUCTURES AND IMPROVEMENTS ON SAID PREMISES ON THIS DATE, MARCH 18, 2015, EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL, EXCEPT + AS SHOWN, THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED PREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES, EXCEPT AS o� INDICATED, AND THAT THERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID PARCEL, EXCEPT AS NOTED. THE ERROR OF CLOSURE OF THE BOUNDARY SHOWN HEREON IS... LESS THAN 1/15,000. � Vh. DATED: / 15 BY: ROBERT C. HUTTON, PLS #24312 244312 Cn ����� PROPOSED LOT SPLITIt to / IMPROVEMENT & TOPOGRAPHIC SURVEY / OF THE LANDS OF HUTTON AS DESCRIBED IN DEED RECORDED APRIL 19, 1994 / IN BOOK 748 AT PAGE 396 AS RECEPTION #369310 ASSESSOR PARCEL #2735-12-200008 (725 CEMETERY LANE) CITY OF ASPEN PITKIN COUNTY COLORADO Top S,yUGCLER MOUNTAIN SCALE: 1 " = 10' ROBERT C. HUTTON PROFESSIONAL LAND SURVEYOR 725 CEMETERY LANE ASPEN, COLORADO 81611 (970) 544-9952 DATE: MARCH, 2015 SHEET 1 OF 1j JOB# 104-CEM