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Home My WebLink AboutLand Use Case.602 N 4th St.0060.2015.ASLU6 0 2 0 LE flu 5 jr , 0060.2015. ASLU 602/614 N FOURTH ST BOUNDARy LINE ADJUSTMENT 2735-124-03-001, 2735-121-10-004 . r fÂ¢\\ffÂ·Â·ed R THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0060.2015.ASLU PARCEL ID NUMBERS 2735-124-03-001 & 2735-121-10-004 PROJECT ADDRESS 602 /614 N FOURTH ST PLANNER HILLARY SEMINICK CASE DESCRIPTION BOUNDARY LINE ADJUSTMENT REPRESENTATIVE MITCH HAAS LAND PLANNING DATE OF FINAL ACTION 09/11/2015 CLOSED BY ANGELA SCOREY ON: 12/11/2015 Page 1 of 1 ,011 *73417* Print Date: Pitkin County Transaction #: 73417 Janice K. Vos Caudill 9/11/2015 10:41:23 Receipt #: 201506285 Clerk and Recorder AM Cashier Date: 9/11/2015 10:41:18 AM 530 East Main Street (LPOWELL) Aspen, CO 81611 (970) 429-2707 www.PitkinClerk.org Customer Information Transaction Information Payment Summary DateReceived: 09/11/2015 Source Code: Phone or Email (ASPCIT) ASPEN CITY OF Phone or Q Code: . $32.00 ATTN CITY CLERK Email Total Fees Over the Total Payments $32.00 Return Code Escrow Balance: $974.00 'Counter Trans Type: Recording Agent Ref Num: 1 Payments Â£123 CHECK 1004 $32.00 2 Recorded Items BK/PG: 0/0 Reception:623183 Date:9/11/2015 ~111 (APPROVAL) APPROVAL ANY 10:41:17 AM TYPE From: To: Recording @ $11 for 1pg and $5 for 2 or more 3 $21.00 pgs $1 Surcharge BK/PG: 112/39 Reception:623184 Date:9/11/2015 [RL.J. (]'1,AT) PLAT 10:41:18 AM From: To: Plat Recording@ $10 perpage $1 Surcharge 1 $11.00 0 Search Items 0 Miscellaneous Items W o jr ~O V ~ )18 M j AL 3-f (fl i~(~- file:///C:/ProgramÂ°/020Files/RecordingModule/default.htm 9/11/2015 NOTICE OF APPROVAL FOR A BOUNDARY ADJUSTMENT APPROVAL INVOLVING THE PROPERTIES AT 602 NORTH FOURTH STREET, LEGALLY DESCRIBED AS LOTS 11 , 12 AND 13 BLOCK 101 HALLAM'S ADDITION TO THE CITY AND TOWNSITE OF ASPEN, ALSO DESCRIBED AS: A TRACT OF LAND IN THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER AND IN THE NORTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE SOUTHWEST CORNER OF THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 12 BEARS SOUTH 7 4 DEGREES 46' WEST 27.55 FEET: THENCE NORTH 00 DEGREES 08' EAST 76.50 FEET: THENCE SOUTH 82 DEGREES 30' EAST 75.63 FEET; THENCE SOUTH 00 DEGREES 08' WEST 86.544 FEET; THENCE NORTH 74 DEGREES 52' WEST 77.64 FEET TO THE POINT OF BEGINNING. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. AND 614 NORTH FOURTH STREET, LEGALLY DESCRIBED AS THE SOUTHERLY ONE-HALF OF THAT PART OF VACATED ALLEY IN SAID BLOCK 101 LYING NORTHERLY OF AND ADJACENT TO PARCEL A. AND EXCEPTING FROM THE ABOVE DESCRIPTIONS: THAT PART OF THE SOUTHERLY HALF OF BLOCK 101, HALLAM'S ADDITION OF THE CITY AND TOWNSITE OF ASPEN, LYING EASTERLY OF THE FOLLOWING DESCRIBED DIVISION LINE TO WIT: COMMENCING AT THE SW CORNER OF THE SW CORNER OF THE SE 1 /4 OF THE NE 1 /4, SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST: THENCE SOUTH 85 DEGREES 14'33" E 23.87 FEET TO A POINT: THENCE SOUTH 77 DEGREES 51'43" E 76.01 FEET TO THE POINT OF BEGINNING OF SAID DIVISION LINE ; THENCE ALONG DIVISION LINE NORTH 04 DEGREES 09'09" E TO THE INTERSECTION OF SAID DIVISION LINE WITH THE CENTERLINE OF THE VACATED ALLEY IN SAID BLOCK 101, SAID DIVISION LINE ALSO BEING THE CENTERLINE OF THE CINDERBLOCK FENCE IN EXISTENCE ON THE DATE OF DEED RECORDED JUNE 2, 1986, AS SET FORTH IN DEED FROM HERMAN EDEL AND MARGARET A. EDEL, RECORDED IN BOOK 297 AT PAGE 675. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. PARCEL ID NUMBER(S): 2737-072-13-002 (602 N FOURTH ST) 2737-072-00-028 (614 N FOURTH ST) APPLICANT: 614 Aspen, LLC 625 E. Main St. Suite 10211 Aspen, CO 81611 970-300-2120 RECEPTION#: 623183, 09/11/2015 at 10:41:17 AM, 1 1 OF 3, R $21.00 Doc Code APPROVAL Janice K. Vos Caudill, Pitkin County, CO SUBJECT & SITE OF AMENDMENT: Boundary Adjustment 602 N. 4th St. and 614 N. 4th St. Aspen, CO 816111 SUMMARY: The adjacent property owners of 602 and 614 N. Fourth St. are proposing a boundary adjustment that will transfer a 213 sq. ft. portion of land along the shared property line, currently belonging to 602 N. Fourth St., to the ownership of 614 N. Fourth St. BACKGROUND: The owner of the 602 Property built a fence/wall in a location mistakenly believed to be the adjoining property line. As a result, the owner of the 614 Property has used the area to the north of the fence/wall as his own, including location of a carport and driveway. The carport and driveway that serve the 614 Property is on the northern portion of the 602 Property. Both parties have agreed to transfer the affected land through a boundary adj ustment. This adjustment will convey the portion of land on the 602 property that serves the 614 property from the 602 property to the 614 property. REVIEW PROCEDURE: â€¢ Boundary Adjustment per Section 26.480.050.C of the Land Use Code. The Community Development Director may approve, approve with conditions, or deny a request for a boundary adjustment between two contiguous properties based on the criteria found in Exhibit B to this memo. STAFF EVALUATION: Staff has reviewed the application against the review criteria and notes the following. The application for the proposed boundary adjustment between 604 and 614 North Fourth Street meets all of the applicable review criteria in Exhibit B. The subject parcels are contiguous, and result in the same number of parcels (two) after the boundary adjustment. The request has no impact on the current access to the public way or emergency access. Both lots are located within the R-6 zone district and are not part of a planned development. No changes to the current zoning will result from the proposed boundary adjustment. Finalizing this approval requires the recordation of the new plat reflecting the boundary adjustment, with the Pitkin County Clerk and Recorder pursuant to Chapter 26.490 - Approval Documents, of the Land Use Code. 2 DECISION: The Community Development Director finds the application for a Boundary Line Adjustment, as noted above, to be consistent with the review criteria (Exhibit B) and thereby, APPROVES the request, with a condition. APPROVED BY: LF I '20:â‚¬ Chris Bendon, Cominunity Development Director Date Attachments: Exhibit A: 602 & 614 North Fourth Plat (Recorded under separate Reception No.) Exhibit B: Review Criteria/Staff Findings (In file) Exhibit C: Application (In file) 3 602 & 614 NORTH FOURTH STREET MINOR SUBDIVISION BOUNDARY LINE ADJUSTMENT PLAT , 71 r 'A k=.-- 3 tvohc + 3 â‚¬ Aper#12_ LOTS 1 -3 & WESTERLY 1 5' LOT 4, BLOCK 101 & LOTS 11-13, BLOCK 101, HALLAM ADDITION TO THE CITY OF ASPEN B ' * * --- k'.4 - T B 4 33/KY CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO PEARL COURT ,--eRIBAPACAP .ROW .â‚¬34 B.. \ PURPOSE: TO TRANSFER 212 SQUARE FEET OF LAND FROM / Li -niR Tl,M ASP/Al.T Nio'o... â€¢~r b N.Â°00'00" F 9000 Â·:'Â·Â·~:Â·Â·.Â·'.:~ Â·Â·-~1.'-U' 1 1,do ... 1 1 "K,â€žAR.LAP PARCEL B TO PARCEL A AS Sl IOWN HEREON. 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Is 0~KNATKJNAL ASSCX.TK.............W ..-TRL~T E~Un cOW,â„¢ENT PREP,J~DBY STFUARTrm;GCUANTYCOMPANY m E ND .MI OFiANDILM' FORnoN.ImS 11 13 BLOCkl01 1!All.I,M AL,DrlkÂ»[1*I)â„¢1 el,3*3113~AME}m,aNT NO CA DATED EFâ„¢Jm'F FERRi ARY M. 20! 5 Na. PjAUEY Â¥AOÂ·,TED# .'.#aL... AN'/IMS. .*0-NNAN al,~ArrÂ»trâ€¢~~theofu*. 1*NEL POB ": n . .r.Ws'RiAACI intkrl DOKND/,RY LINE ~DJU,TMENr,L. CITY u, ASPB: AS g,m 0,4 TlE.Tr711.0T LNE ADUT/,Wr PIA[ RMO,EDFunl-1 2....Tu{*nOSS.......11(H19 .15 =W aÂ¥ ijoyâ„¢F râ„¢h UX~.TY CLIRKANDN~CO~*~0+Tlel AND, METiml Exp-ED.0-41 -YOF~~ AD-li .(VWTY..... S.........0.}.DEn46)~OREPAilriculARLYDL6tln~ED. or n~ SOUTHER Y HALFâ‚¬*THEALLEY LYTNG AI},ACEN,7 m KAID 1</I S CITY OF ASPEN #.sn-Il ....... I BEA~ING OF.~00(PI BE....1 AW.kEOF \ ---- Â·40Rtln,/sla.CO~XEROFLOT,aulcÂ£!0:.A,ik[~RACAPLS.9~FOUNDNMACE .BANKNAâ„¢}wASSOC07)~5, j m.- A}.DTNE W~â„¢EASTE~l 'Cx=P.E~OFTHE~ISTERI' 0FEM. L.(74 BLOCK I01 Al =#*linEsâ‚¬tim=K#mloTIi 911*,2101 *.m RkBARACAP[ I â€¢9m:FLXJNI>DNM_ACE BY _ _ ,/MW' __ _- SOUâ„¢WEST CORNEROF TME SE 14*EDâ€¢ OF SECTION Q TOWNSm tO SOUTR ~AÂ»OF R' WEST .N' 1 - â€žUN,rs. El"'FOR'ILIMMENs!(*651:0-.Rk]NISLS imvE'z .BÂ£~ND,0 71~CEMO[,00*-EALONGâ„¢REAET.'ll'.Â»Â·WAY....... 0Â£,42~3=*m In' Sl;Kn:Y:M n~FnoN T. WARRÂ»Cr' DEED 'CO.ED' BO. 061 A..E J~ AM) T*&'042(]ofMOLK,IDERGetwiphi WAS Arl:wawl ED,ED BEPOREMEâ„¢15 L.- 1/ 2-9:5'*27*'i#967-6 wfr--'n~,rD -3~2=31" 11* ?axvi ._ ./ .FRLY 'WE A D,STA,Â·CE . I I PEE' TO 'FOOrT OW n~ FA5!ERLY %.-Y /N r MONUMENT #9 1. 1 9 0011 90* 6,......opERTY ACCOR......cm . d LIMMUNm./.10/ .râ„¢EmMYRAND...... ...'cullissloNEXPRES::*t~!Jott s~le NORâ„¢ERLY LrNE so,woe~ ~ cÂ».o a, 0 ~ r BOUNDARY A Ol ~ANCE t* e 13 wi,srnI'ZoNPDR-6 BUII.De:OSETnACKSVARYANDCANDEVOUNDI.â„¢ELANDUm ......0/ THE.....RLY NIOHT'F WAY OF WEST......1~0 -SCAP / I "COAOM= coot*T-,ACK,sji{uLDBIâ€¢Talâ€¢DWUM,OM,41=Y.VEI--T-1 HMN hll,R& 13 A Vâ„¢G â„¢D E~T'gLY BÂ«f~ARY .rel ,Â·W AlÂ£â„¢ci lAm Nokn~ RKET<*Â·WA - . , ./ANCE................. .............1 SQUAREFFETM.foRIESS IR~NFOFIDTh'llf,i~nONâ‚¬â„¢TESP]-AT RESULT~UPROPE.YDESC'.C~ARF 234 -'. 241 4 MUWUMEXTâ€¢* ?iâ„¢*,UB1(1~OPERâ„¢SARFREFERREDTOAS-PAMaLA'ANDÂ·PAR~Â£18" ~IYIUTHE I .... 1 '.,VI/n : 6 E| 0.5~ 1 | 1 OWNER'SACKNOWLEI'EhErT ENG[KEERING DUARTMENT REVIEW KNOWALLMENBYTHE,ypegNmET,UT#S~ uc.BErNOâ„¢EOWE,Im nui W W.VIF,7.5 FOR FUR â„¢:DEMC,1~ 0* r,1, 1040~URNG DEPARTMENT suaE{~PARCM AANS,fo'*-ANDDOE31~ACrIOWLFIXEA}Â£3Amlv} ..../ENT./.S~*....... ~ ..ID crrY oF ASPEN 1 AND 1 'S E. REV[E'~ ims nol:NuaY J tye ADIUSTMENTe FC*THHERION T.I. I: I'/"50Â¥ED'y ./ Cly Co'/WNITY ..1/1.ENT 'RECTOROFnm C.. b & 5 (..FEH T}U5 vDAYOF-.M 1 '013 11-13 AS.TTY...91/%.F.~ 614Ncitn!,OURTHstREFT L.L GEN .,1,]J .Â¥*401...1 -- Nr,ZE LOT LBE BYL//-Â¥ V--- ADJUSâ„¢ENT , CHRIS BENDON 1 0, U,OS'.O..AT I iâ‚¬*4Â£ 51 Wn.L-~Ual. MANA{El .,/ m m ~02 N FCURâ„¢ slum 4,01 S}i IESUL.. . i.~MvmumVELOPMENTPIRF.- 1 ./-'/B 44/ 2 LOT li SURVEYORS (IRTi/(-Ail OWNERSACKN(mUDCÂ£MDE Cl.FRK AND R ECOR.R. gRT]Flt'Aa 5 1 KNO' AILMEN'll./.ESE.I.Â£/7/vel..a. Ilwon...:..i ME BOUNDAKY LIE &1>/,Sâ„¢ENT -7 WAA 0LEDF{DR KECORD~1 T~ OPP~CEOFnE B~â„¢DAR.UNEAD./Sâ„¢ENT MATWA"..'Â·ARP HYP,lks['IVEY'G ...FOR 6/ slwnt<*PARCH B AS SHOWN,LOUCÂ»4AKDDOESHER~Y AC]~0Wl.ED(JEAN[}A~OVE CLERK AN[) REComul . OF I. 1]N.(,imi COLoR.DO. A. teaL_omocK A li ON .B UC TRATSAIDPLATWASPRU.PAn/Â»IMEORUND. MYSUPERV=ONAND i His nouND.ulÂ¥ LINE ADJU~â„¢El SET FORTH HEREGN THE_.IL [>AYOFS~,14,hâ€¢r ~wAN ~*]~Y*Â£CORDED~son~ IL-J ......CHAR.8/â„¢Ail.%'E......TWTHEBESTOP/Â¥8FLIEFAND 4.TFVENA 111* PAGE _82U .ASRECÂ¢.noâ€¢Ko ...3 -1 | i M ./.Wl_E[X]E ./mOR..1.1/rm' ININS[ilt/,y'LE.... 1â€¢... Bll aJNTH ~TREET DATED &014*- 05,. Zots- Aspa, (0.16,11 .a./RE<aD. RECEpno. 623184. 09/1 W2015 â€¢t 10 41 .AM i OF i I ll 00 Janlce K NOaN |A#ek!. <342Â«-1â‚¬.76â€ž4-1 11,4 4T1ISTREET / vos Caudill, Pilluncounty CO Ul:yâ„¢R 9[UNDA PLATBK 112 PG 39 N 71â€¢wn' w #,Mt*DON'/4/M | | hAKs..... 0 | IN ...SPEN LLC H :-/ NO P. R-~M B~ Rm~T NO i...4/ ~ ~ l~.trd Hv CITY OF ASPEN, COLORADO 15012 L - ;7 PEAK T * BOUNDARY LINE ADATSTMENT , N. --- Surveying, Inc. i HALLAM ADDâ€ž BLK 101.Ll-4&11-13 : AUGUS~3120I5 WEST NOR P.0 BoK 1746.~~ CO81630 614 & 602 N. FOURTH STREET IOFI ===&=*===t- - +0 t Phone{970)62'll)34 F~(970)621Â·2954 , -P.efF. **râ€ž -,/ 4,~C v.â„¢T *MAC--EN-,~L~e.Ab~*g $:-p~kn,rvey--00â€¢1 0/ N{*THFOURTH STREET RECEPTi NI' 623 184, 09/11/2015 at 1 :41,18 AM, 10, R ..00 5 0~9909~I Janice . Voa Caud*11, Pitkin Count ' CO PIAT 2/ 1 HAAS LAND PLANNING, LLC June 24, 2015 Ms. Hillary Seminick, Planning Technician City of Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RE: Boundary Adjustment for 602 and 614 North 4th Street (Parcel Identification Numbers 2735-124-03-001 and 2735-121-10-004, respectively) Dear Hillary: Please consider this letter and the attached draft plat to constitute a formal request for a boundary adjustment between the properties located at 602 and 614 North 4th Street. 602 North 4th Street is currently described as Lots 11, 12 and 13, plus the southerly half of the vacated alley, Block 101, Nitze Lot line Adjustment (the "602 Property"). As existing, 614 North 4th Street is legally described as Lots 1, 2 and 3, and the Westerly 15 feet of Lot 4 and the Northerly one-half of the alley lying adjacent to said lots, Block 101, Hallam Addition to the City of Aspen (the "614 Property"). The owner of the 602 Property built a fence/wall in a location that he mistakenly believed was on the adjoining property line. As a result, the owner of the 614 Property has used the area to the north of this fence/ wall as his own, including location of a carport and driveway, for many years. Nonetheless, the carport and driveway that serve the 614 Property have historically, and technically, been located on the northern portion of the 602 Property. The owner of the 614 Property could go through the court system and obtain this land through adverse possession; however, the parties have instead agreed to amicably transfer the affected land through a boundary adjustment. Once the City approves the proposed boundary adjustment the owner of the 602 Property will convey a small triangular portion (approximately 213 sq. ft.) on the north side of that lot and as shown on the proposed Minor Subdivision Plat attached hereto, to the owner of the 614 Property. Underground electrical, telephone, and cable television lines serving the 602 Property have historically run under the eastern portion of the 614 Property. Reciprocally, the owner of 614 Â· 42OE. MAIN STREET, SUITE 10-B â€¢ ASPEN. COLORADO â€¢ 81611 Â· Â· PHONE: (970) 925-7819 â€¢ EMAIL: MITCH@HLPASPEN.COM â€¢ Property has agreed to grant an easement accommodating those utilities that serve the 602 Property. 614 Aspen, LLC is the owner of 614 North 4111 Street and the applicant for the requests made herein. Proof of the applicant's ownership is provided iii Exhibit 1. Authorization for Haas Land Planning, LLC, to represent the owner is provided in Exhibit 2. Steven R. Stunda owns 602 North 4th Street. Permission for 614 Aspen, LLC to submit this application on behalf of Mr. Stunda is provided in Exhibit 3. Consistent with the Pre-Application Conference Summary completed by Hillary Seminick of the Aspen Community Development Department and attached hereto as Exhibit 4, this application is submitted pursuant to the following sections of the City of Aspen Land Use Code (hereinafter referred to as "the Code"): Section 26.304, Common Development Review Procedures; and Section 26.480.050.C, Subdivision, Boundary Adjustment. A Vicinity Map showing the approximate location of the properties within the City of Aspen is attached as Exhibit 5. A Boundary Line Adjustment Plat is provided as Exhibit 6. The Land Use Application, Dimensional Requirements, and HOA Compliance Forms are attached as Exhibit 7. Finally, an executed City of Aspen Fee Agreement is provided as Exhibit 8. Per the attached pre-application conference summary, Code Section 26.480.050.C provides the applicable review criteria for this subdivision/lot line adjustment request and states that an adjustment of a lot line between contiguous lots shall be approved, approved with conditions, or denied by the Community Development Director, pursuant to Section 26.480.030, Procedures for Review, according to the following standards: 1. The request permits a boundary adjustment between contiguous parcels or corrects an error in n recorded plat. 2. The adjustment results in the same number of parcels. Changes in development rights for the individual lots may occur unless specifically prohibited by the original subdivision documents. 3. The request complies with the requirements of Section 26.480.040, General Subdivision Review Standards. 4. The adjustment does not result in a parcel lying in more than one zone district. For adjustments between parcels located in di#erent zone districts, the adjustnient shall be approved only upon an aniendment to the O~icial Zone District Map. (Please see Section 26.304.060.8.2 and Chapter 26.310.) 5. For adjustments between parcels located in a Planned Development, the adjustment shall be approved conditioned upon an amendment to the Planned Development approvals or designated area, as applicable. (Please see Section 26.304.060.8.2 and Chapter 26.445.) 602/614 North Fourth Street Boundary Adjustment Application Page 2 6. The Boundary Adjustment Plat shall be reviewed and recorded in the obice of the Pitkin County Clerk und 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. The requested boundary adjustment meets the above criteria in that it is between contiguous parcels and the number of parcels will not change from that existing. No parcel will lie in more than one zone district, and the parcels are not located in a Planned Development. The boundary adjustment's compliance with the requirements of the General Subdivision Review Standards of Section 26.480.040, as also required, is demonstrated below. The criteria of said section are listed in italicized text and each is followed by a response demonstrating consistency and/or compliance therewith, as applicable. A, Guaranteed Access to a Public Way. All subdivided lots must have perpetual unobstructed legal vehicular access to n public way. A proposed subdivision shall not eliminate or obstruct legal vehicular access ftom 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. The properties will continue to have perpetual, unobstructed legal vehicular access to a public way, namely North 4th Street, West North Street and Pearl Court as applicable. The proposed subdivision will not change, eliminate or obstruct legal vehicular access from a public way to an adjacent property. This "subdivision" is a boundary adjustment of two contiguous lots in the R-6 Zone District. There are no new streets or security/ privacy gates proposed, nor are any new curb cuts contemplated. 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 ./tom the original platting lines to accommodate significantfeatures ofthe site may be approved. This is a small, 213 square foot lot line adjustment that will have no significant effect on the platting of the original Aspen Townsite or the consistency of the subject lots therewith. Only the amount of the vacated alley possessed by each lot will be altered. The owner of the 602 Property built a fence/wall that does not correspond precisely with the current property line/ midline of the vacated alley. The 614 Property has for many years used the area that is now being 602/614 North Fourth Street Boundary Adjustment Application Page 3 conveyed for their driveway and associated carport. This boundary adjustment will amicably eliminate property boundary confusion that has existed for many years. C. Zoning Conformance. All new lots shall conjorm 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 niore than one zone district unless unique circumstances dictate. A rezoning application may be considered concurrently with subdivision review. The new lots that will result from the boundary adjustment conform to the R-6 Zone District requirements. The properties will remain in only one zone district and there is no need to request a rezoning. The area of the proposed adjustment is wholly within vacated alley right-of-way and, therefore, has no effect on measured Net Lot Areas with respect to zoning, allowable floor area, or allowable density. 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 medianism to correct the non-con./brming nature of a use, structure, or parcel ilitly 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-con>rmities will be remedied after recordation of the subdivision plat. Such assurances shall be refected in a development agreement or other legal nlechanism acceptable to the City Attorney and nlay be time-bound or secured with a jinancial surety. The proposed boundary line adjustment will not create or increase any non- conformity. No structure will span the parcel boundary. In fact, part of the existing carport spans the parcel boundary but with approval and memorializing of the requested adjustment the carport will be entirely on the 614 Property. While this adjustment will improve that situation, the 614 owner plans to demolish the carport in the future. As mentioned above, the area of the proposed adjustment is wholly within vacated alley right-of-way and, therefore, has no effect on measured Net Lot 602/614 North Fourth Street Boundary Adjustment Application Page 4 Areas with respect to zoning, allowable floor area, or allowable density. In other words, whatever floor area exists on each of the subject properties will be unchanged and the allowable floor area and density on each property will also be unaffected since vacated rights-of-way are deducted from Net Lot Area calculations anyway. It is hoped that the provided information and responses prove helpful in the review of this application. Should there be any questions or should any additional information be desired, please do not hesitate to contact me. Truly yours, Haas Land Planning, LLC Â«21/l 3--- \ 'T j N 1 /. f/t/ 1 Mitch Haas Owner/Manager Exhibits Exhibit 1: Proof of Ownership Exhibit 2: Authorization for Haas Land Planning, LLC to Represent the Applicant Exhibit 3: Permission for the Applicant to submit the application on behalf of the owner of 602 North 4th Street Exhibit 4: Pre-Application Conference Summary Exhibit 5: Vicinity Map Exhibit 6: Boundary Line Adjustment Plat Exhibit 7: Land Use Application, Dimensional Requirements, and HOA Compliance Forms Exhibit 8: Executed City of Aspen Fee Agreement 602/614 North Fourth Street Boundary Adjustment Application Page 5 EXHIBIT L COMMITMENT FOR TITLE INSURANCE SCHEDULEA File No.: 01330-53138-Amendment No. C6 1. Effective Date: February 03, 2015, at C4 2. Policy or Policies to be issued: Amount of Insurance (a) A.L.T.A. Owner's Policy 2006 (Extended) Proposed Insured: 614 Aspen, LLC, a Colorado limited liability company (b) A.L.LA. Loan Policy Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the said estate or interest in said land is at the effective date hereof vested in: North Fourth Street Associates, a Colorado limited liability partnership 5. The land referred to in this Commitment is described as follows: Lots 1, 2, and 3, and the Westerly 15 feet of Lot 4 and the Northerly one-half of the alley lying adjacent to said lots, Block 101, Hallams Addition to the City of Aspen, more fully described as follows: Beginning at the Southwest corner of said parcel whence the Southwest corner of the Southeast one-quarter of the Northeast one-quarter of Section 12, Township 10 South, Range 85 West of the 6th P.M. bears South 18 Degrees 39'34" West 100.73 feet: thence North 84.92 feet along the West line of said Lot 1 to the Northwest corner of said Block 101; thence East 90.00 feet along the North line of said Block 101 to the Northeast corner of the Westerly 15 feet of said Lot 4; thence South 96.85 feet along the East line of the Westerly 15 feet of said Lot 4 to a point on the center line of said alley; thence North 82 Degrees 27'04" West 90.79 feet along said center line to the point of beginning. County of Pitkin, State of Colorado Purported Address: STATEMENT OF CHARGES 614 North Fourth Street These charges are due and payable Aspen, CO 81611 before a policy can be issued Basic Rate 2006 Owner's Policy: $5477.00 Owner's Extended Coverage: $65.00 Tax Certificate: $20.00 Patent: Exception 10 $100.00 ALTA 25-06 $548.00 Copyright 2006-2009 American Land Title Association. All rights reserved. - .Al." 'H The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. 1 .1,1, 11.11 All other uses are prohibited. Reprinted under license from the American Land Title Association. ..1...1.. File No. 01330-53138 Page 1 of 2 STEWART TITLE .'. CO STG ALTA Commitment Sch A STO GUARANTY COMPANY ~.,~ tabbies COMMITMENT FOR TITLE INSURANCE SCHEDULE B PARTI File No.: 01330-53138-Amendment No. C6 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment. 5. Payment of any and all Homeowners assessments and expenses which may be assessed to the property. 6. Evidence satisfactory to Stewart Title of Colorado, Inc. furnished by the Office of the Director of Finance, City of Aspen, that the following taxes have been paid, or that conveyance is exempt from said taxes: (1) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No. 20 (Series of 1979) and (2) The "Housing Real Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990). 7. [Intentionally deleted.] 8. [Intentionally deleted.] 9. [Intentionally deleted.] 10. Relating to North Fourth Street Associates, The Company requires the following: a) [Intentionally deleted.]. b) [Intentionally deleted.] c) Execution and recordation of Statement of Authority pursuant to the provisions of Section 38-30-172 C.R.S. Note: At the time the Company is furnished these items, the Company may make additional requirements or exceptions. d) [Intentionally deleted.] 11. Relating to 614 Aspen LLC, The Company requires for its review the following: a) Copy of the "Articles of Organization", the Operating Agreement and the regulations of the limited liability company and any amendments thereof b) A certificate of good standing, evidencing that the company is in good standing in the state of its formation c) Execution and recordation of Statement of Authority pursuant to the provisions of Section 38-30-172 C.R.S. Note: At the time the Company is furnished these items, the Company may make additional requirements or exceptions. 12. [Intentionally deleted.] 13, Deed from North Fourth Street Associates, a General Partnership to North Fourth Street Associates, LLP, a Copyright 2006-2009 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. A.,1,1- C IN AN other uses are prohibited. Reprinted under license from the American Land Title Association. Eâ‚¬#1.11 File No, 01330-53138 -*"1.19 Page 1 of 2 STEWART TITLE .. CO STG ALTA Commitment Sch B I GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B PARTI Colorado limited liability partnership conveying subject property. 14. Deed from vested owner(s) vesting fee simple title in the purchaser(s). NOTE: Notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38-35-109 (2). NOTE: The vesting deeds are shown as follows: Warranty Deed September 26, 1979 in Book 376 at Page 473, Warranty Deed recorded December 14,1979 in Book 380 at Page 535, and Warranty Deed recorded August 26, 1980 in Book 393 at Page 725. Copyright 2006-2009 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,/ ./ All other uses are prohibited. Reprinted under license from the American Land Title Association 1...1, 11,1 File No. 01330-53138 Page 2 of 2 STEWART TITLE CO STG ALTA Commitment Sch B I GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART 11 File No.: 01330-53138-Amendment No. C6 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 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. 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 but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 10. Right of Proprietor of a vein or lode to extract or remove ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in the United States Patents recorded June 8,1888 in Book 55 at Paqe 2. 11. Resolution vacating alley through Block 101, Hallams Addition and reserving Easement recorded December 15, 1955 in Book 161 at Page 375. 12. IAny rights, easements, interests or claims that may exist by reason of or reflected by the following facts shown on the survey dated January 2015 by Aspen Survey Engineers, Inc.: Carport encroachment along Southerly boundary line 13. ILease between North Fourth Street Associates LLP and Barl Pepitone (tenant). Lease between North Fourth Street Associates LLP and Retail and Marketing Solutions LLC (tenant). NOTE: Exceptions 1 and 4 may be deleted from the policies, provided the seller and buyer execute the Company's affidavits, as required herein, and the Company approves such deletions. If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), and the Company has not reviewed and approved lien waivers and indemnitor financials, Standard Exception 4 (mechanic lien Copyright 2006-2009 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 .6,1 *12 414 All other uses are prohibited. Reprinted under license from the American Land Title Association. ,/1.T'.11 File No. 01330-53138 Page 1 of 2 STEWART TITLE IC.= CO STGALTA Commitment Sch B 11 STO GUARANTY COMPANY .-6 COMMITMENT FOR TITLE INSURANCE SCHEDULE B PARTII exception) will not be deleted and no mechanic lien coverage will be furnished. Exceptions 2 and 3 may be deleted from the policies, provided the Company receives and approves the survey or survey affidavit if required herein. Exception 5 will not appear on the policies, provided the Company, or its authorized agent, conducts the closing of the proposed transaction and is responsible for the recordation of the documents. ~ Exception 6 is deleted Copyright 2006-2009 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. â€¢Ilillt IN All other uses are prohibited, Reprinted under license from the American Land Title Association, :1.. ,1,11 File No. 01330-53138 Page 2 of 2 STEWART TITLE CO STG ALTA Commitment Sch B 11 STO GUARANTY COMPANY ..- COMMITMENT FOR TITLE INSURANCE SCHEDULEA File No.: 01330-61462 1. Effective Date: May 08, 2015, at 8:00 A.M. 2. Policy or Policies to be issued: Amount of Insurance (a) A.L.LA. Owner's Policy 2006 (Standard) Proposed Insured: Tbd Tbd (b) A.L.T.A. Loan Policy 2006 (Standard) Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the said estate or interest in said land is at the effective date hereof vested in: Steven Stunda 5. The land referred to in this Commitment is described as follows: Parcel A: Lots 11,12 and 13 Block 101 Hallam's Addition to the City and Townsite of Aspen, Also described as: A Tract of land in the Southeast one-quarter of the Northeast one-quarter and in the Northeast one-quarter of the Southeast one-quarter of Section 12, Township 10 South, Range 85 West of the Sixth Principal Meridian, described as follows: Beginning at a point whence the Southwest corner of the Southeast one-quarter of the Northeast one-quarter of said Section 12 bears South 74 Degrees 46' West 27.55 feet; thence North 00 Degrees 08' East 76.50 feet; thence South 82 Degrees 30' East 75.63 feet; thence South 00 Degrees 08' West 86.544 feet; thence North 74 Degrees 52' West 77.64 feet to the Point of Beginning. Parcel B: The Southerly one-half of that part of vacated alley in said Block 101 lying Northerly of and adjacent to Parcel A. And Excepting from the above descriptions: Copyright 2006-2009 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. #IRNIAN All other uses are prohibited. Reprinted under license from the American Land Title Association. : â€¢~ â€¢4 1, lilli File No. 01330-61462 Page 1 of 2 STEWART TITLE CO STG ALTA Commitment Sch A STO GUARANTY COMPANY That part of the Southerly half of Block 101, Hallam's Addition of the City and Townsite of Aspen, lying Easterly of the following described Division Line to wit: Commencing at the SW corner of the SW corner of the SE 1/4 of the NE 1/4, Section 12, Township 10 South, Range 85 West; thence South 85 Degrees 14'33" E 23.87 feet to a point; thence South 77 Degrees 51'43" E 76.01 feet to the point of beginning of said Division Line ; thence along Division Line North 04 Degrees 09'09" E to the intersection of said Division Line with the Centerline of the vacated alley in said Block 101, said Division Line also being the Centerline of the cinderblock fence in existence on the date of Deed recorded June 2,1986, as set forth in Deed from Herman Edel and Margaret A. Edel, recorded in Book 297 at Page 675. County of Pitkin, State of Colorado Purported Address: STATEMENT OF CHARGES 602 North Fourth Street These charges are due and payable Aspen, CO 81611 before a policy can be issued TBD $300.00 Copyright 2006-2009 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. .MIR't'N All other uses are prohibited. Reprinted under license from the American Land Title Association. 18Â¥1"UW File No. 01330-61462 Page 2 of 2 STEWART TITLE CO STG ALTA Commitment Sch A STO GUARANTY COMPANY RECEPTION#: 617553, 02/20/2015 at 01:21:26 PM, 1 OF 6, R $36;.00 DF $300.00 Janice I Ds Caudill, Pitkin County, CO WARRANTY DEED State Doc Fee' $300 00 THIS DEED is dated the 17th day of February, 2015, and is made between North Fourth Street Associates, LLP, a Colorado limited liability partnership (whether one, or more than one). the "Grantor" of the County of Pitkin and State of Colorado and 614 Aspen, LLC, a Colorado limited liability company (whether one, or more than one), the "Grantee", whose legal address is 2950 E Broad Street, Columbus, OH 43209 of the County ot Franklin and State of Ohio WITNESS, that the Grantor. for and in consideration of the sum of Three Million Dollars and No Cents ( $3,000,000.00 ) the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs 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 See Exhibit"A" attached hereto and made a part hereof also known by street address as 614 North Fourlh Street, Aspen, CO 81611 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging. or in anywise appertaining. I ~ the reversions, remalnders, rents issues and profits thereof, and al 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 1i appurtenances J TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee , and the Grantee he,rs and assigns forever ~ the Grantee, and the Grantee's heirs and assigns. that at the time of the ensealing and delivery of these presents, the Grantor The Grantor, for the Grantor and the Grantorls heirs and assigns, does covenant, grant, bargain, and agree to and with 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 dew from all former and other granls, bargains, sales Nens. taxes assessments, encumbrances and restrictions of whatever kind or nature soever, except and subject to See Exhibit"B" attached hereto and made a part hereof ~ 1 And the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises. in the quiet and 2 I peaceable possession of the Grantee , and the heirs and assigns of the Grantee , against all and every person or persons r ~ lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above 0 NORTH FOURTH STREETASSOCIATES, LLP, A COLORADO LIMITED LIABILITY PARTNERSHIP , _r- Wendy Barker Aneral Partneyi Â¢*1.- L (5 1 lv--~ Barbara Conviser 11-1- ,cf-1 0,1--u /4.(GL Barker Family LLP Â¢,Seneral partner by. Jack G Barker as General Partner CTNJ L Barker Family LLP General Partner by Wendy E Barker as General Partner Martine A Fedyszyn General ParÂ·tner CITY 07 UPEN 10;Â¥TT â€¢tin ~TE .1.0 /,CÂ·' J/<85,36 DATE R"4 L NO. 49594: 9 1.*1\ 5 Stewart Title File Number 01330-53138 Page 1 9 J 2A WARRANTY DEED STCO e O 10 044 kfiâ‚¬71 FA\Zrs RECEPTION#: 617553, 0~'s0/2015 at 01:21:26 PM, 2 OF 6, Janice K. Vos Caudil itkin County, CO 1-- -I-- ----- 7 1.---- ---~. -- ------------- ---- - --- - -- - WARRANTY DEED State Doc Fee $300.00 1 THIS DEED is dated the 17th day of February, 2015, and is made between North Fourth Street Associates, LLP, a Colorado limited liability partnership (whether one, or more than one), the "Grantor" of the County of Pitkjn and State of Colorado and 614 Aspen, LLC, a Colorado limited liability company (whether one, or more than one), the '"Grantee". whose legal address is 2950 E Broad Street, Columbus, OH 43209 of the County of Franklin and State of Ohio WITNESS, that the Grantor, for and in consideration of the sum of Three Million Dollars and No Cents ( $3,000,000.00 h the receipt and sufficiency ot which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, located in the County of Pitkin and State of Colorado described as followsÂ· See Exhibit "A" attached hereto and made a part hereof also known by street address as 614 North Fourth Street, Aspen, CO 81611 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging or in anywise apperÂ·taining, 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 appudenances TO HAVE AND TO HOLD the said premises above bargained and described, with the appurÂ·tenances, unto the Grantee , and the Grantee heirs 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 heirs 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, A 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, 1 taxes, assessments. encumbrances and restrictions of whatever kind or nature soever, except and subject to See Exhjbjt "B" attached hereto and made a part hereof And the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, in the quiet and peaceable possession of the Grantee , and the hetrs and assigns of the Grantee , against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. NORTH FOURTH STREET ASSOCIATES, LLP, A COLORADO LIMITED LIABILITY PARTNERSHIP ~ Wendy Barker General Partner ~ 1 Barbara Conviser i General Partner CWJL Barker Family LLP General Par'tner by Jack G Barker as General Partner CWJL Barker Family LLP ' General Partner by Wendy E Barker as General Partner 1-(4-0 72,1323-- Martine A. Fedyszyn General Partner Stewart Title File Number 01330-53138 Page 1 932A WARRANTY DEED STCO RECEPTION#: 617553, 02/20/2015 at 01:21:26 PM, 3 OF 6, Janice K. Vos Caudi Pitkin County, CO , State of (' c c/t G.~-( c County of j i-OU n '3/j k The foregoing instrument was acknowledged before me this :74 ' day of February, 2015 by Barbara Conviser, Wendy Barker and CWJL Barker Family LLP by' Jack G Barker and Wendy E. Barker, General Partner of North Fourth Street Associates, LLP, a Colorado limited liability partnership. Witn 48 my hand and offic I seal. ~bi j llC L 1 -1 Notary Public ~ PRiSCILL A PRO,Â·il COOr"-rÂ· } My commission expires 1Â·Vt., 4-' r , ' Stewart Title File Number 01330-53138 Page 2 932A WARRANTY DEED STCO RECEPTION#: 617553, 02/-- '2015 at 01:21:26 PM, 4 OF 6, Janice K. Vos Caudill, kin County, CO State of 39,5 County of 1 r-al.h.5 The foregoing instrument was acknowledged before me this ~ ~ day of February, 2015 by Martine A Fedyszyn, General Partner of North FourÂ·th Street Associates, LLP, a Colorado limited liability partnership. v.l.IL W. BREWER 041?2%Â·, / a Pu*, State of Texas iliff 0016!' isslon Expires Notary Public 018!0Â·' ./EMBER 22,2018 My commission expires. ./C PAUL W BREWER '.~;* Notary Public, State of Texas WN,4; My Commission Expires '~,9,/ NOVEMBER 22,2018 Stewar't Title File Number 01330-53138 Page 2 932A WARRANTY DEED STCO RECEPTION#: 617553, 02'Â°0/2015 at 01:21:26 PM, 5 OF 6, Janice K. Vos Caudill tkin County, CO EXHIBIT "A" LEGAL DESCRIPTION Lots 1,2, and 3, and the Westerly 15 feet of Lot 4 and the Northerly one-half of the alley lying adjacent to said lots, Block 101, Hallams Addition to the City of Aspen. more fully described as followsÂ· Beginning at the Southwest corner of said parcel whence the Southwest corner of the Southeast one-quarter of the Northeast one-quarter of Section 12, Township 10 South, Range 85 West of the 6th PM bears South 18 Degrees 39'34" West 100 73 feet. thence North 84.92 feet along the West line of said Lot 1 to the Northwest corner of said Block 101 thence East 90.00 feet along the North line of said Block 101 to the Northeast corner of the Westerly 15 feet of said Lot 4, thence South 96 85 feet along the East line of the Westerly 15 feet of said Lot 4 to a point on the center line of said alley, thence North 82 Degrees 27'04" West 90.79 feet along said center line to the point of beginning County of Pitkin, State of Colorado Stewan TItle Flle Number. 01330-53138 Page 3 932A WARRANTY DEED STCO RECEPTION#: 617553, 0~'~0/2015 at 01:21:26 PM, 6 OF 6, Janice K. Vos Caudill .tkin County, CO EXHIBIT "B" DEED EXCEPTIONS 1 2015 taxes and all subsequent years, restrictions, reservations, coverants easements and rights-of-way of record, if any. 2 The effect of inclusions m any general or specific water conservancy, fire protection, soil conservation or other district or inclusion tri any water service or street improvement area. 3. Right of Proprietor of a vein or lode to extract or remove ore therefrom, should the same be found to penetrate or Intersect the premises hereby granted as reserved in the United States Patents recorded June 8, 1888 jn Book 55 at Page 2 4 Resolution vacating alley through Block 101, Hallams Addition and reserving Easement recorded December 15, 1955 in Book 161 at Pace 375. 5 Lease between North Fourth StreetAssociates LLP and Bart Pepitorne (tenant). Lease between North Fourth Street Associates LLP and Retail and Marketing Solutions LLC (tenant). Stewart Title File Number 01330-53138 Page 4 932A WARRANTY DEED STCO COMMUNITY DEVELOPMENT DiPARTMENID -~~~ r. ac.,1--'=14~ W//QMWM= Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the properly owner or Attorney representing the properly owner. Name: 6 1 1 Aopen, LLC,., Properly Owner ("ID: Email: 6 ; 1 I@ lo n3 gro up Â· Coyn Phone No. :(9703(0-2/20 Address of Property: 1011 N o rth 4141 9.fre..4, A-spen (subject of application) I certify as follows: (pick one) 5~ This property is not subject to a homeowners association or other form of private covenant. [3 This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. 1 understand that this document is a public document. Owner signature: date: 6 123-aorg- owner printed namet (01 4 A~*~--tter~ LOilliam 62-ph,MOF\OFF or, Attorney signature: date: Attorney printed name: COMMUNITY DEVELOPMENT DEPARTMENT 'Â» 41~'Ill~'4" I 1 Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Name: Sken R. Sfunct Property Owner ("1"): Email: Phone No.: Address of Properly: 601 North '414, Stfcol j Aoper' (subject of application) I certify as follows: (pick one) |~~| This property is not subject to a homeowners association or other form of private covenant. [3 This properly is subject to a homeowners association or private covenant and the i improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. 1 U This property is subject to a homeowners association or private covenant and the I improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or etfeet of privaw covenants or homeowner association rules or bylaws. 1 1 understand that this docul?dnt is a publi~document. Owner signature: d~400.fl--1.-- date: Owner printed name:7' k--S'*VEt/ ~571/ Â«D,9- or, Attorney signature: date: Attorney printed name: 0 2 City of Aspen Community Development Dept. 130 S. Galena Sheet Aspen, CO 81611 RE: 614 North Fourth Street, Aspen (PID# 2735-121-10-004) Boundary Line Adjustment To whom it may concern: As applicant for a Boundary Line Adjustment on the above referenced property and the adjacent property located at 602 North Fourth Street I hereby authorize Haas Land Planning, LLC (HLP) to act as designated and authorized representative for the preparation, submittal and processing of a letter requesting the approval listed above, as well as, any subsequent applications associated therewith. HLP is also authorized to represent 614 Aspen, LLC in meetings with City staff, the Historic Preservation Commission, the Planning and Zoning Commission, and the Aspen City Council. Should you have any need to contact me during the course of your review, please do so through Haas Land Planning, LLC. Yours truly, 614 Aspen, LIK[f M-) By: William h,Manager 625 East Main Street Suite 102b Aspen, CO 81611 EXHIBIT 0 City of Aspen Community Development Dept. 130 S. Galena Street Aspen, CO 81611 RE: 602 North Fourth Street (PID# 2735-124-03-001) Request for Boundary Line Adjustment To whom it inay concern: As owner of the property at 602 North Fourth Shret I hereby authorize William Guth, as Manager of 614 Aspen, LLC to apply for, pursue and obtain the City of Aspen's approval of a Boundary Line Adjustinent for my property and 614 Aspen, LLC's adjacent property located at 614 North Fourth Street. Should you have any need to contact me during the course of your review, please do so through 614 Aspen, LLC's representative, Haas Land Planning, LLC, whose address and telephone number are included in the application. Yours~uly, 9-L (2 -fu---~_ Sttven R. Stunda 602 North Fourth Street Aspen, CO 81611 EXHIBIT CITY OF ASPEN S PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Hillary Seminick, 970.429.2741 DATE: May 19, 2015 PROJECT: 602/614 N Fourth St - Lot Line Adjustment REPRESENTATIVE: Mitch Haas REQUEST: Subdivision, Boundary Adjustment DESCRIPTION: Proposal: The applicant, owner of 614 N Fourth St is interested in pursuing a lot line adjustment with the neighboring property. The boundary adjustment is being pursued to address encroachment issues om 602 N Fourth St, which will result in a portion of land being conveyed from 602 N Fourth St to 614 N Fourth St. Both properties lie within the R-6 Zone District and both parcels must comply with the dimensional requirements of the R-6 Zone District. The boundary adjustment shall not result in a non-conformity within the Land Use Code. Review Process: A Boundary Adjustment is required to change the lot line between the two contiguous parcels. The application shall include all the materials outlined in 26.480.080, Subdivision Application Contents, as applicable. The application will address the standards in Section 26.482.050.C, Boundary Adjustment and the review criteria in Section 26.480.030, Procedures for Review. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http://www .aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20andÂ°/620Fees/2013%20Iand%20use%20a pp%20form.pdf Land Use Code: http://www. aspen pitki n.com/Departments/Com mu nity-Development/Plan ning-a nd-Zo ning/Title-26-La nd-Use- Code/ Applicable Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480.030 Procedures for Review 26.480.050.C Administrative Subdivisions, Boundary Adjustment 26.480.080 Subdivision Application Contents 26.710.040 Moderate-Density Residential (R-15A) Review by: Staff for complete application Staff for recommendation Referrals: Engineering, Utilities Community Development Director for approval Public Hearing: NA Neighborhood Outreach: No ASLU Subdivision, Boundary Adjustment 602/614 N Fourth St 273512403001/ 273512110004 1 Planniriq Fees: $1,300 for 4 hours of staff time. Referral Fees: Engineering - $275 for 1 hour of staff time. Total Deposit: $1,575 (additional planning hours over deposit amount are billed at a rate of $325/hour; additional engineering hours over deposit are billed at a rate of $275/hour) To apply, submit the following information (apply to both options unless otherwise noted): Â¤ Completed Land Use Application and signed fee agreement. O Pre-application Conference Summary (this document). 0 Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. O Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. D HOA Compliance form (Attached) U A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. Building elevations, plans and renderings are required. Il Written responses to applicable review criteria. 1 An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. Â¤ A signed, stamped draft plat by a licensed Colorado surveyor depicting the lot line adjustment consistent with Title 29 - Engineering Design Standards, Plats. 0 1 Complete Hard Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: Â£ One Additional, Complete Hard Copies. O Total deposit for review of the application. 0 A digital copy of the application provided in pdf file format. 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. 2 IR.Iii lul- A. I -- lilli. S 2 . 1 5 : 0 0 -il<: k . . ort J.I- Nd-euckÂ·ti N - 13- a. il I r f . - , ..+. k. 1. --.. rw - cy- I. U r .?S :E: - '.- . - 6 1 43 71 -4 -16. . e - S th .... I ... .5 0. '1% : 14, N '.1147< it - Â¥' .t. i. 1,4 - 1, 1 . â‚¬hlle me#vrifemtsÂ·ple-27 U. .2 Â·61} . 3 4 ill = 44' Â· IN . - - 1 -41Â®3=,3*44%-Ul 4 ' ear i i Â· ~i r,Â· Â· 6 + 4 Z.,L / ' -r /: : 1 61 i 111Â· . W -- 6-=..146 . .44 - . 1%~ .:v'R ~ r f# LA -/91.. .. 1 - J.. I 1 M . I . '- I 911 iCT Â· %. :Â·44- * Ah \ - 1 ' Rit .144;1 *.. . El>h 1 U.-) â€¢ j L V . ' *b -4 '. 1â€¢ -- . \ 4 \ 7p04'- ' 1 - -2127*. % i .0*00 4 rp {11 - ..f >~47 4 4< --- . .1 ' -1 l - ' ..W : 1-~ r -.4, .B ia 1 - .4 . - b I ". 4,.1.1 , ,> t. I r 0 1 2 1 KI - r#62.96 '1â‚¬ 114 7. 0-U Â© 2015 Google . -. - -Smuggler-0 . 7. 11 61 1 , Â· I I N ? .. .00 .. 44 EXHIBIT I 602 & 614 NORTH FOURTH STREET MINOR SUBDIVISION ~t 1 6 , 22.1 - BOUNDARY LINE ADJUSTMENT PLAT .., SUBJECT, Â· ~ PROPERTY '- T ..$. 9 -P. LOTS 1-3 & WESTERLY 15' LOT 4, BLOCK 101 & LOTS 11 - 13, BLOCK 101, HALLAM ADDITION TO THE CITY OF ASPEN CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO PEARL COURT #5 REBAR & CAP-~ ,-NS REBAR & CAP 50' ROW L.S. #2376 BEARS \ PURPOSE: TO TRANSFER 212 SQUARE FEET OF LAND FROM / L.S. #9018 Â·TBM ASPHALT :'70Â°06'23~W 811' b EL-7888.40' c< PARCEL B TO PARCEL A AS SHOWN HEREON. N 90'00'00" E 90.00' I . 25 ' I #5 REBAR & CAP 7 -3 9-41 9 ./ * LS .018 r 41 1 ; 1-J E A VICINITY MAP 3 SCALE: 1" = 2000 LOTS 1 -3 & W'LY 1 5 LOT 4, BLOCK 101 0 / 8,18(S.F.*OR[GINAL 330. .i"'E\11LL[110.6/1,/.- 70 8,392 S// RESULT/6 Â£1 e y 77%6. 614 N. FOURTH ST. 288~i:A 300 *4* 1 '1 V*B / CITY OF ASPEN LAND USE REVIEW: 614 NORTH 4TH STREET RESULTING PROPERTY DESCRIPTION 1 1 -f: //64 :F THE APPLICATION FOR BOUNDARY Le,rE ADJUSTMENT SET FORTH IN nUS PLAT HAS BEEN EAB~&6& N ~0 REVIEWED AND APPROVED FOR COMPLIANCE BITH THE APPLICABLE PROVISIONS OF nm LOTS 1-3, THE WESTERLY 15 FEET OF LOT 4. THE NORTHERLY HALF OF THE ALLEY LY[NG CTrY OF ASPEN LANDUSE CODE BY THE CrrY oF ASPEN COMMUNITY DEVELOPMEC ADJACENT 'ro SAID LOTS AND A PORTION OF TirE SOUTHERLY HALF OF SAID ALLEY, BLOCK W 270--~4 .~,:iL41M* Â¤_. E DIRECTORTH[S__DAY OF , 2015. To THE EX1Â·ENT THAT ANYIHING IN THiS 101, HALLAM ADDmON TO THE CITY OF ASPEN, CrrY OF ASPEN, COUNIY OF PrrKlN, STATE OF PLAT IS 1NCONSISTENT ORIN CONFLICT WITH ANY CITY OF ASPEN DEVELOPMENr ORDERS COLORADO. BEING M{}RE PARTICULARLY DESCRIBED AS FOLLOWS: Ill 11/f RELATIG TO IHESE PARCELS AS USED HEREIN OR ANY OTHER PROVIS[ONS OR APPI.ICABLE LAW. INCLUDING BUT NOT LIMrrED TO OTHER APPLICABLE LAND USE REGULATIONS AND BUILDING CODES, SUCH OnrER DEVELOPMENT ORDERS OR APPLICABLE LAWS SHALL BEGLNNING AS THE SOUTHWEST CORNER OF SAID PARCEL.~ BEING THE ALLEY CENTERLINE AT THE EASTERLY RIGHDOF-WAY OF NORni FOURTH STREEr, WliENCE THiS SOUTHWEST CONTROL CORNER OF THE 921/4NE1/4 OF SECTION 11 TOWNSHIP 10 SOUTH. RANGE 85 WEST OF ILE 240' n '~, ~ SIXTHIRINCIPALMERWIANBEARSS]8039'34'WADISTANCEOF100.73 FEEr: n{ENCEALONG 11 4-120 NORTHWESTERLY CORNER OF SAID BLOCK 101; THENCE LEAVING SAID EASrERCY E'LY 10' SAID EASTERLY RIGHT-OF.WAY /00.00'00- A DISTANCE OF 84.92 FEETTO THE LOT4 BY: RIGHT-OF-WAY N90~00'00"E ALONG THE %RLY R.I.rr-OFÂ·WAY OF PEARL COURT A DISTANCE OF 90.00 FEETTO THE NORTHEAST CORNER OF THE WESTERLY [5 FEET OF SAID LIT 2 10 494,p bo 4, BLOCK lot; THENCE LEAVING SArD SOUTHERLY RIGHT-OF-WAY S00â€¢00'00Â·E ALONG THE EASTERLY LINE OF THE WESTERLY 15 FEET OF SAID LOT lA DISTANCE OF 96.15 FEET TO A 1 1 1 POINT ON THE CENTERLINE OF SAID ALLEY: THENCE LEAVING SAID EASTERLY LINE 180 N82Â°27'04'Â·W ALONG SAID CENTERIrNE A DISTANCE OF 16.75 FEET TO nrE NORTHEASTERLY S CORNER OF A PARCEL OF LAND DESCRIBED ON THENETZE LOT LrNE AD~STMENF RECORDED rN PLAT BOOK 21 AT PAGE 33: THENCE LEAVING SAID CENTERLIN E 94'09'09"W ALONG THE EASTERLY LINE OF SAID PARCEL DESCRIBED . PLAT BOOK 21 AT PAGE 33 A DmrrANCE OF 0.37 P GRAPHIC SCALE FEET TO A POINT ON THE FACE OF A BLOCK COLUMN: THENCE LEAVING SAID EASTERLY O BOUNDARY N86~20'211-W ALONG SA[D BLOCK WALL A DISTANCE OF 73.52 FEET TO A POINr ON -N rim -1- P I .O SAID EASTERLY RIGHT.OF-WAY:.]ENCE LEAVING SAm BLOCK WALL NOOâ€¢00'00-W ALONG A 51% T I SAID EASTERLYUGHT-OF-WAYA DISTANCEOF 3,40 FEMTO THEPOO,r OFBES,NNON[.SAID PARCEL CONTAiNING 8.392 SQUAREFEEr MORE ORLESS. LENDERS ACKNOWLEDGEMENT: ( IN FEET ) US BANK NATIONAL ASSOCIATION ND BEING THE BENEFIC]ARY OF THE DEED OF TRUST 1 inch - 10 ft. RECORDED AT RECE,nON NO 598542 HEREBY CONSENTS TO THIS 602 & 6,4 NORTH FOURTH STREETIOUNDARY LINEADJUSTMENTPLAT GARAGE WOOD FRAME 602 NORTH 4TH STREET RESULTING PROPERTY DESCRIPTION -AL ASSOCIATION ND. | | | ExacuTEDâ„¢ls-IMICI_Al.,BIL PARCELI UllUTY EASEMENT BY. LS. #LIGEBLE , AS MANAGER .REBARICAP --- A PARCEL OF LAND BELNG A PORTION OF L OTS 1 1-13, BLOCK 101, HALLAM ADDmON TO THE NORâ„¢ 1/2 ALLEY VACATED PER -TRANSFER PARCEL CrrY OF ASPEN AS SHOWN ON THE N[TZE LOT LINE ADJUSTMENT PLAT RECORDED IN PLAT 8% 16 1 PG 375 RESOLUION W]TH RESERVED OF TILE SOUTHERLY HALF OF THE ALLEY LYING ADJACENT TO SAID LOTS CITY OF ASPEN, P.O..614 N./TH --. ---- 1 BOOK 21 AT PAGE 33 0/ THE P. KIN COUNTY CLERK AND RECORDERS OFFICE AND I PORTION i 212LF.+A 11{EFOREGOING LENDERS CONSENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF BOUNDARY LINE - - -1 - FOLLOWS~ COUNIY OF PrnUN, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS ALONG FACE OF - 2015, BY ~Â«9- O-- ----- 1).HIS PROPERTY IS SUBJECT TO RESERVATONS, REST]UCTIONS. COVENANTS AND s.unrwEST CORNER OF THE SE,/4NE]/4 OF SECrION 12, TOWNSH[P 10 SO.* RANGE 85 WEST NOTES: WnNESS MY HAND AND OFF[ClAL SEAL MY COMMiSION EXP[RES: BLOCK COLUMNS S 04Â°09'09~ W -- - COMMENCING ATTHESOUTHWESTERLY COR NER OF LOT 11, BLOCK 101. WHENC E 'rHE N 6Â°2 21" 3.5 0,37 1 W --I-- / N 8202704â€ž W 16.75' 01330-53138-AMENDMENT No C6, DATED EFFECITVE FEBRUARY 03, 2015 STREET A D]STANCE OF 84.90}FEET.0 A POI .ON THENORTHERLY LINEOF A BLOCK WALL EASEMENTS OF RECORD, OR LN PLACE AND EXCEFr ONS TO TTILE SHOWN LN TliE TIILE OF THE SIXTHPRN/[PAL MERIDIAN BEARS S71Â°55'ol-W A DISTANCE OF 33.89 FEET, THE POINT BLOCK WALL SOWâ„¢14....VA 0 ----I COMMiâ„¢ENr Pi EPARED BY STEWART TITLE GUARANTY COMPANY, FILE NO. OF BEGINNrNG; THENCE logÂ°00'00. ALONG THE EASTERLY RIGHT-OF-WAY OF NORTH FOURTH NOTARY PUBLIC 0 1.51 13'BLOCK I BALLARD C[.p.) --. CA7ED PER COLUMN EXTENDED: THENCE LEAVING SAID EASTERLY RTIHIOF-WAY S96Â°20Â·21-E ALONG -1 - BK 161 /O 375 RESOLU TION *THRESERVED #5 REBAR & CAP OF SA]D PARCEL AS SHOWN ON THE NnZE LOT LINE AD]USTMENT PLAT; THENCE LEAVING 2) THE DATE OF THIS SURVEY WAS MARCH 19,2015, SAID NORTHERLY LINE A DISTANCE OF 73.52 FEET TO A POINT ON THE EASTERLY BOUNDARY {DIT 1 NORTHWESTERLY CORNER OF LOT 4, BLOC K 101, A #5 REBAR & CAP LS. #9018 FOUND IN PLACE FEET TO A POINT ON THEi NORTHERLY RIGHT-OF-WAY OF WEST NORTH STREET,THENCE LS. 09018 31 BASIS OF BEARINGS FOR lus SURVEY IS A BEARING OF 390Â°00'00Â·E BE]WEEN THE SAID NORTHERLY LINE./.09'09"W ALONG SAID EASTERLY BOUNDARY A DISTANCIE OF 92.73 N. 6â„¢ ST. & W. FRANCIS :12 BRASS CAP ~ 515 Y -1-l- AND THE NORTHEASTERLY CORNER OF THE WESTERLY 15 FEET OF LOT 4, BLOCK 101, A #3 LEAVING SAID EASTERLY BOUNDARY N75Â°09'1]"W ALONG SAIDNORn{ERLY RJGHT-OFÂ·WAY A REBAR& CAPLS.#9018 FOUNDINPLACE DISTANCE OF 68.96 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTADENG 6,058 7 02 C.O. GPS SQUAREFEET MOREOR LESS. MONUMENr /8 4) UNITS OF MEASURE FOR ALL DrMENSIONS SHOWN HEREON IS U.S. SURVEY FEET. N. GARMISCH & W. FRANCIS 5) THIS SURVEY IS BASED ON THE WARRAN) D EED RECORDED IN BOOK ] 61 AT PAGE 375 AND OWNER'S ACKNOWLEDGEMENT: 1 1 BRASS CAP Tlm N[TZE LOT LINE ADJUSTMENTECORDED IN PLAT BOOK 21 AT PAGE 33 IN THE P[TKIN COUNTY CLERK AND RECORDER'S OFFICE AND CORNERS FOUND IN PLACE KNOW ALL MEN BY IliESE PRESEN'rS, THAT 614 ASPEN. LLC.. BEING THE OWNER IN FEE S[MPLE OF PARCEL A AS SHOWN HEREON AND DOES I{EREBY ACKNOWLEDGE AND APPROVE 6) THE SUBJECT PROPERTY ACCORDING TO TELE CITY OF ASPEN CobefUNTIY DEVELOPMENT THIS BOUNDARY L]NE ADISâ„¢ENT SEr FORTH HEREON. WEBITE IS ZONED R-6. BUILDING SETBACKS VARY AND CAN BE FOUND IN THE LAND USE CODE AT 26-710-040, SEEBACKS SHOULD BE VEEIED WITH COMMUNITY DEVELOPMENT PRIOR CrrY OF ASPEN ENGINEER'S REVIEW: 2 TO PLANNING OR CONSTRUCTION, 614 ASPEN, LLC. 614 NORTH FOURTH STREET THIS BOUNDARY LINE ADJUSTMENT PLAT WAS REVIEWED FOR SURVEY REQUIREMENTS AND 7) THE SUBJECT PROPERTIES ARE REFERRED TO AS l'ARCEL r AND -PARCEL B- ONLY FOR THE ASPEN,'081611 APPROVED BY THE C]TY OF ASPEN ENGINEER THIS ___DAY OF - 2015, AD PURPOSE OF IDENTIFICATION ON TH]S PLAT RESULTING PROPERTY DESCRL,nONS ARIE 2 1 ....... BY: Wn.LIAM GUTH AS MANAGING MEMBER BY: LOTS 11-13 1:RICIA ARAGON, PA BLOCK 10] AS: ClrY OF ASPEN ENGINEER NITZE LOT LDNE ADrUSTMENT PLAT BK 21 PO 33 6,270 S./ ORIG.AL 6,058 S.F.* RESULnNG 602 N. FOURTH STREET PaCELB~ LOT]4 SURVEYOR'S CERTIFICATE: OWNER'S ACKNOWLEDGEMENT: CLERK AND RECORDER'S CERTIFICATE: I,JASON- NEILDOHEREBYSTATE THAT TylS.006 ~RTH F~Ali STREET KNOW ALL MEN BY THESE PRESENTS, THAT STEVEN R. STUNDA BEING IliE OWNER IN FEE THIS BOUNDARY LINE ADJUSTMENT PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE BOUNDARY LINE ADJUSTMENT PLAT WAS P4,~ARE~Y PE,~lgl~EYING. [Ne.. FOR 614 SIMPLE OF PARCEL SAS SHOWN HEREIN AND DOES HEREBY ACKNOWLEDGE AND APPROVE CLERK AND RECORDER OF pr[KIN COUNTY, COUORADO, AT OCLOCK ;M. ON ASPEN. LLC. THAT SAID PLAT WAS PREPARED~Y ME~VND1&{Y SUPERVISION AND â„¢[S BOUNDARY LINE ADJUS1'MENT SET FORTH HEREON. THE DAY OF , 2015, AND 'S DULY RECORDED [N BOOK , KESPONSBLE CHARGE AND 11Â·{AT IT Ii,RUE A]~ COR#1~GO n{E BEST OF MY BELEFAND PAGE . AS RECEmON NO. 'CNOWLEDGE Tai ERROR OF (lost~ ni~SURVE)/LESS THAN 1:15.000 STEVEN R. STUNDA 602 NORTH FOURTH Sâ„¢EEr SY: ASPEN, CO 81611 CLERK AND RECORDER | DATED: BY: P.O.B. 602 N. | BY: .EpurÂ¥ 4THSTREET STEVEN R. STUNDA I \ BY: JAS,I R. NEIL PL~19. 37935 .~8~p ON BEHALIF 4TVZING, fRI Dn,wn By: NO. Date Revision Bv 4/7*0971' P ~ 4 96 614 ASPEN, LLC. Pmject No. ' I Checked By: CrrY OF ASPEN, COLORADO 15012 a -7 PEAK T BOUNDARY LINE ADJUSTMENT JRN - Ike: HALLAM ADD., BLK 101, Ll-4&11-13 - ~ Surveying, Inc. ~ JUNE 18,2015 P.O. Box 1746 - Rifle, CO 81650 614 & 602 N. FOURTH STREET 1 OF 1 WEST NORTH STREET Phone (970) 625-1954 - Fax (970) 625-2954 Computer 1Â·lle: www.peaksurveyinginc.com 012-BIA-PLATDWG CERTme~nON SHOWN HENEO~ N 00Â°00'00" E 84.90 N 00Â°00'00" E 90,32' yLOT4 NORTH FOURTH STREET 1~[ D,1 500/Ind HSNRDI S 04'09'09" W 92,73 El W CD> a l.1 _L _17 - r< 27.0' 1 w GARAGE 1 WOOD FRAME - 1 rn 2\-\ \ f -2 NORTH 1/2 ALLEY ~ VACATED PER 1-0.0 CARPORT A BK 161 PG 375 Pn ~ "' 1 UTILITY EASEMENT ~ v 91 '27'04,1 W ~ Â¢ , 90.79' --1 I x -#--4 D ''S 5 9 91 -uum=-in-$0 1. *.i<t~~p 1.5' X 1.5' BLOCK-=0~- 213 S.F.& BALLARD (TYPO #5 REBAR & CAPÂ·-' L.S.#9018 LOT 11 LOT 14 CGA (TF NITZE LOT LINE I LOT 13 ADJUS'rMENT PLAT BK 21 PG 33 \\ l 11SlA__.__... COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART 11 File No. 01330-61462 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 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. 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 but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. Deed of Trust from Steven R. Stunda for the use of US Bank NA ND to secure $95,000.00, recorded April 11, 2013 as Reception No. 598542. 10. Patent reservations recorded June 8,1888 in Book 55 at Page 2. 11. Resolution recorded in Book 161 at Page 375. 12. Quiet Title Decree recorded June 1, 1955 in Book 180 at Page 367. 13. Encroachment Agreement recorded February 12,1986 in Book 505 at Page 351. 14. Ordinance No. 6 recorded May 30,1986 in Book 511 at Page 777, 15. Easement recorded May 30,1986 in Book 511 at Paae 780. 16. Nitze Lot Line Adjustment Plat recorded September 20, 1998 in Book 21 at Paae 33. Copyright 2006-2009 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. 'Ulll Â£ AM All other uses are prohibited Reprinted under license from the American Land Title Association ; '91 I) J #il %* File No. 01330-61462 Page 1 of 1 STEWART TITLE CO STG ALTA Commitment Sch B 11 STO GUARANTY COMPANY 4%.â€ž. COMMITMENT FOR TITLE INSURANCE SCHEDULE B PARTI File No.: 01330-61462 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. None NOTE: The vesting deed is shown as follows: Warranty Deed recorded June 2,1986 in Book 511 at Paqe 936. NOTE: This product is for informational purposes only. It is not a title insurance product and does not provide any form of coverage. This product is not a guarantee or assurance and does not warrant, or otherwise insure any condition, fact or circumstance. This product does not obligate this Company to issue any policies of title insurance for any subsequent transaction based on the information provided or involving the property described herein. This Company's sole liability for any error(s) relating to this product is limited to the amount that was paid for this product. Copyright 2006-2009 American Land Title Association. All rights resenfed. - 464*t[ 3 The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use ,//1,11/1 All other uses are prohibited Reprinted under license from the American Land Title Association, ./.M '.' â€¢'I File No. 01330-61462 Page 1 of 1 STEWART TITLE CO STG ALTA Commitment Sch B I GUARANTY COMPANY 13= 0 1 \2 EXHIBIT ATTACHMENT 2-LAND USE APPLICATION 7 f PROJECT: Name: (0024619 Nofth 4+6 1.9-reet Roundaru Art IA j4 rn fyl ~- Location: 602- 4 Gl'~ NodÂ·% 4-16 StÂ·re-6-4 As #43 (Indicate street address, lot & block number, legal description where appropriate) Parcel ID#(REQUIRED) 2-735- l 2*- 03 -Do/ and 2735_ 12-1-ID--DDH APPLICANT: Name: 6 114 A sptn , L LO Address: (02-5 E. MaiA 2. i SU 10 110 , Afspen, 00 9/6/1 Phone #: (370)300 -at. 3.0 REPRESENTATIVE: Name: Haas l and Plann i A g , LLC Address: Â£1:z.0 E. Ma.in 9-reet guik. ID-6, AspÂ« CD Yl(,4 Phone #: 47 67 925 -72 59 TYPE OF APPLICATION: (please check all that apply): GMQS Exemption U Conceptual PUD U Temporary Use GMQS Allotment U Final PUD (& PUD Amendment) U Text/Map Amendment Special Review Â® Subdivision (90 ONORRf Aolos,ME,Y~ U Conceptual SPA ESA - 8040 Greenline, Stream Â£ Subdivision Exemption (includes ~ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane U Commercial Design Review U Lot Split U Small Lodge Conversion/ Expansion U Residential Design Variance El Lot Line Adjustment 01 Other: U Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) 29.,14 414\.= 6 }1-79 sf lot- 6/4 N 944 = R; 652 sf /of PROPOSAL: (description of proposed buildings, uses, modifications, etc.) 1,ar (AAâ‚¬ AQUSTMEFT- --16 MoVE '215+or VRocriev AÂ·,12/ FRpM 002 h].'P, 9[ 86&,=ry TD -rHE 614 kl. 49' 91: PunIZ:zy. Have you attached the following? FEES DUE: $ 4 575- Â® Pre-Application Conference Summary Â® Attachment #1, Signed Fee Agreement. @ Response to Attachment #3, Dimensional Requirements Form 8 Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards U 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. 01 El El El C I 1 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM ProjectÂ·. 601- 461</ Nor+4 446*. 80(mAri1 4&&9,5>hÂ«k.opr/- Applicant: 61 4 AY)en , UO Location: 6 01 4 6/4 A/646 4#>,96Â·ed-: 43/rjt Zone District: 2. g Lot Size: 'GIVAIÂ· LF'%: 19 S 140sf; W 1 886%3925F. /00213.9Ck : is 6,29255Faâ€¢ILL Sâ‚¬ 4/5Sse Lot Area: 00 CHAAGE (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 ofLot Area in the Municipal Code.) Commercial net leasable: Existing: hJ~ A Proposed: ~ A Number of residential units: Existing: 2 Proposed: 2 Number of bedrooms: Existing: 7 Proposed: 130 ORMME Proposed % of demolition (Historic properties only): A/4 DIMENSIONS: Floor Area: Existing: -KED Allowable: 169 Proposed: tio Ct*06â‚¬ Principal bldg. height: Existing: ~TSÂ© Allowable: '75' Proposed: 00 0Â»01@â‚¬. Access. bldg. height: Existing: 109 Allowable: 25' Proposed: 40 0*06â‚¬, On-Site parking: Existing 29MEEARequired.-~mice.Ek. Proposed:&0 0*06â‚¬ % Site coverage: Existing: 1-Bi) Require-#41174gk~70Proposed.- 292%(6143& 693(~Â£)3~ % Open Space: Existing: 0~K Required: U <A Proposed: ~ A Front Setback': Existing: < 10 Required: lo Proposed: RO OM*6â‚¬ Rear Setback! Existing:33 Required: 5 Proposed: 7 5 Combined F Mt Existing: Fl~Â¢\ Required: AJ ~A Proposed: ~A ~ Side Setbacld Existing: 24' Required. |D~ Proposed: *) 0*KAGE E Side Setback! Existing: '23>>\ Required: \ 6 proposed:*O CAMAGE Combined Sides '. Existing: 15% Required: 2(03 Proposed: Bo 0,4*06Â£ Distance Between Existing 2 9 Required: 52 Proposed: AQ_CN<BEE Buildings' Existing non-conformities or encroachments: fibIT; REM,, il)61-Stoâ‚¬ 160#181,leD 91Â£ >Aeo sgÂ·eag. 0.1 614 kl. 465 - 000Â®ARY #905*rwlesr liAE AD EmÂ©:r cA -rliggE- c.nfaL -TH*.1 R#ST*-yi.)6 RERK Ser-Roa NoÂ»CoAFORM,-r>. Variations requested: 0005 I ~ Re,r[Welb IMPRoVgmairS o,J 614 Al .44'ST. PReftjzry, -ETAIN FOR 6060 - 9 IS.*Lt-L~*~~ S Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Properly 614 Aspen, LLC Phone No.: (970) 300-2120 Owner ("1"): Email: bill@wnggroup.com Address of 614 North 4th Street, Aspen Billing 625 East Main Street Property: Address: Suite 102b PMB233 (subject of (send bills here) Aspen CO 81611 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 properly owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ flat fee for . $ flat fee for $ flat fee for . $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for 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. $ 1,300 deposit for 4 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 $275 per hour. City of Aspen: Property Owner: --/ 9 3 Chris Bendon 614 Aspen, LLC C___~~--~ Community Development Director By: William Guth Title: Manager City Use: RETAIN FOR Fees Due: $ Received: $ PERMANENT FILES November, 201 1 - City of Aspen 1 130 S. Galena St. 1 (970) 920-5090 THE CITY oF ASPEN Land Use Application Determination of Completeness Date: June 26.2015 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 602 and 614 North 4th Street - Subdivision (boundary line adiustment) and have reviewed it for completeness. D 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. 1) Digital pdf of the application. each improvement survey. 2) Review deposit of $1,575.00. 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. IÂ»lk You, OkÂ«l ill Jennifer_Iielan, Deputy Planning Director City of Aspen, Community Development Department For Office Use Only Qualifying Applications: Mineral Rights Notice Required New PD Yes No 74- Subdivision, or PD (creating more than 1 additional lot)- GMQS Allotments Residential Affordable Housing Yes- No->t- Commercial E.P.F, Lodging CITY OF ASPEN Permit Receipt THE CITY OF ASPEN RECEIPT NUMBER 00038748 Account Number:30129 Date: 6/30/2015 Applicant: WILLIAM GUTH 614 ASPEN LLC Type: check #1650 Permit Number Fee Description Amount 0060.2015.ASLU Planning Hourly Fees 1,300.00 0060.2015.ASLU Eng Referral Fee 275.00 Total: $1,575.00 0060 - Jol 9.- A'LU PIDs- 17 35-- 119 - 03 - 00 1 07 35 - 1 Al- CO - 00 ~ Permits Lmil=.11 file Edit Becord Navigate Fszrm Reports Format Iab Help P-3'11 40@ *< 2 w -3 -Li . 1 49Â® _j :23 a.- i JI 1 2 91 33 z] 1 lump Edt?t .* . Ellie. 22Â®233.. . 1 4 J '42 3,11 * V ~| Main 1 Custom Fields ~ Royting Status |Actions | Routing History | Fee Summam | Permit type aslu . Aspen Land Use Permit # 0060.2015.ASLU . Address 602/614 N FOURTH ST 8 Apt/Suite Citv ASPEN State CO v Zip 81611 Permit INotmation Maste, permit 8 Routing queue aslul 5 Applied 06/30/2015 .. Prolect 8 Status pending Approved Â¥ Description BOUNDARY LINE ADJUSTMENT Issued v PID: 2735-124-03-001 & 2735-121-10-004 i Closed/Final - i Submitted MITCH HAAS - 970-925-7819 Clock Running Days 0 Expires 06/24/2016 . S ubmitted via - Owner 1 Last name 614 ASPEN LLC ~ Fust name WILLIAM GUTH 625 E MAIN ST 102B PMB233 ' Phone [970] 300-2120 Address ASPEN CO 81611 Applicant Â® Owner is applicant? I~ Contractor is applicant? Last name 614 ASPEN LLC E Fist name WILLIAM GUTH 625 E MAIN ST 102B PMB233 Phone [9701 300-2120 Cust # 30129 8 Address ASPEN CO 81611 -2 Email BILL@WNGGROUP.COM Lender AspenGold5 [served robertg Edit 1 ofl iece:FE U 3â‚¬7 9 8 Â¢ Pl,D Ckeck 4 1 4 5 0 42 l,_57-r-46 06130 l )019- RV ~ saloN 70!no~ ~ xoqiool~ ~ sdnojg qell ~