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HomeMy WebLinkAboutcoa.lu.ec.Hicks-Kinney Lot Line Adjustment A085-02 r>. CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY ,"" A085-02 2737-074-31001 Hicks-Kinney/ Hunter CreekCondo Lot Line Adjustment 2 Williams Way James Lindt Lot Line Adjustment Scott Hicks- Maureen Kinney Alan Richman 11/4/02 Approved- Plat Record 11/5/02 J. Lindt nit:&& - ainney LOt Line Aa]ust. 2737-074-31-001 A085-02 E 7 r A085-02 2737-074-31001 Hicks -Kinney/ Hunter CreekCondo Lot Line Adjustment 2 Williams Way James Lindt Lot Line Adjustment Scott Hicks- Maureen Kinney Alan Richman 11 /4/02 Approved- Plat Record CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSE] BY 0 0 PARCEL ID: 2737-074-31001 DATE RCVD: 10/15/02 # COPIES:F CASE NO A085-02 CASE NAME: Hicks -Kinney/ Hunter CreekCondo Lot Line Adjustment PLNR: James Lindt PROJ ADDR: 2 Williams Way CASE TYP: Lot Line Adjustment STEPS:F— OWN/APP: I Scott Hicks- Mauree ADR 2 Williams Way CIS/Z: rAspen/CO/81611 PHN:' 920-6575 REP: Alan Richman ADR: PO Box 3613 CIS/Z: Aspen/CO/81612 PHN: 920-1125 FEES DUE: 1500 D 180 E FEES RCVD: 680 STAT: REFERRALS REF:— BY]� DUE:�— MTG DATE �REV BODY PH NOTICED DATE OF FINAL ACTION: c :! CITY COUNCIL: 1 / REMARKS CLOSED: T, BY: PLAT SUBMITD: F PLAT (BK,PG): BOA: DRAC: ADMIN]1 MEMORANDUM TO: Julie Ann Woods, Community Development Director FROM: James Lindt, Planner3E RE: Hicks-Kinney/Hunter Creek Condominiums Lot Line Adjustment DATE: October 17, 2002 SUMMARY: Scott Hicks and Maureen Kinney, represented by Alan Richman of Alan Richman Planning Services, have applied for a lot line adjustment to swap 5,603 square feet of land from Lot 1, of the Smuggler Hunter Trust Subdivision for 5,603 square feet of land belonging to the Hunter Creek Condominiums. A Subdivision Exemption for a Lot Line Adjustment may be approved, approved with conditions, or denied by the Community Development Director pursuant to Land Use Code Section 26.480.040(A), Lot Line Adjustment. Lot Line Adjustment: Staff feels that the proposed lot line adjustment to swap an equal amount of lot area between Lot 1, of the Smuggler Hunter Trust Subdivision and the parcel of land belonging to the Hunter Creek Condominiums meets all of the applicable review standards as set forth in Land Use Code Section 26.480.030(A)(1), Lot Line Adjustment. Staff believes that the proposal is an insubstantial boundary change. In addition, the applicant has consented to placing a plat note on the lot line adjustment plat to be recorded that states that no additional development rights, allowable density, or allowable floor area ratio (FAR) will be authorized on either of the properties by virtue of executing the proposed lot line adjustment. a tM Additionally, staff has proposed a condition of approval that de -lists from the Aspen Inventory of Historic Landmark Sites and Structures the land that is being transferred IQ o m e tri N ® to the Hunter Creek Condominium parcel. Conversely, staff has further proposed a condition of approval that designates the land being incorporated into Lot 1, of the Am Smuggler Hunter Trust Subdivision to the Aspen Inventory of Historic Landmark Sites and Structures. The historic resource located at 0002 Williams Way that is listed on Aspen Inventory of Historic Landmark Sites and Structures is located on the hoc portion of Lot 1 that is not being transferred as part of the lot line adjustment. Therefore, because the property description of Lot 1, of the Smuggler Hunter Trust Subdivision is being altered through the lot line adjustment, the property being �o incorporated into Lot 1 should be included in the property's historic designation as is v� proposed by staff in condition of approval No. 4. �Z Furthermore, the applicant has received a letter of consent to apply for the lot line adjustment from the Hunter Creek Condominium Association as is required by a in a H 1 J N Review Standard `B". Moreover, the Hunter Creek Condominium Association will be required to sign the plat to be recorded prior to execution of the Lot Line Adjustment. Therefore, staff finds that the proposed lot line adjustment meets the applicable review standards and recommends that the Community Development Director approve the proposal with the following conditions: 1. The Applicant shall prepare and record a lot line adjustment plat that meets the City of Aspen's land use code plat requirements within 180 days of this approval. 2. The Applicant shall place a plat note on the lot line adjustment plat that states that the development rights, permitted density, and allowable FAR will not be affected on any of the parcels involved in the lot line adjustment. 3. The applicant shall install monuments at all of the new property corners of Lot 1, of the Smuggler Hunter Trust Subdivision and monument them on the lot line adjustment plat. 4. The 5,063 square feet of land located directly west of Lot 1, of the Smuggler Hunter Trust Subdivision that is being incorporated into Lot 1; is hereby designated on the Aspen Inventory of Historic Landmark Sites and Structures by virtue of Lot 1 being designated on the Aspen Inventory of Historic Landmark Sites and Structures. Moreover, the 5,063 square feet of land that is being transferred from Lot 1 to the Hunter Creek Condominium parcel is herby de -listed from the Aspen Inventory of Historic Landmark Sites and Structures because it is no longer incorporated in Lot 1, of the Smuggler Hunter Trust Subdivision. APPLICANT: Scott Hicks and Maureen Kinney LOCATION: Lot 1, of the Smuggler Hunter Trust Subdivision and the adjacent parcel owned by the Hunter Creek Condominiums. CURRENT ZONING: R/MFA Zone District REVIEW PROCEDURE: A lot line adjustment may be approved, approved with conditions, or denied by the Community Development Director pursuant to Land Use Code Section 26.480.040(A). 1111111111111111111111111111111111111111111111111111111 474336 Page: 2 of 6 SILVIA DAVIS PITKIN COUNTY CO R 31.00 1/04002 D20.0011:13A 2 STAFF COMMENTS: Review criteria and Staff Findings have been included as Exhibit "A". The application has been included as Exhibit "B". The draft Lot Line Adjustment Plat is included as Exhibit "C". RECOMMENDATION: Staff recommends the Community Development Director approve this lot line adjustment with the conditions as proposed below. APPROVAL: I hereby approve this insubstantial amendment to the Aspen Meadows SPA and lot line adjustment as proposed with the following conditions: 1. The applicant shall prepare and record a lot line adjustment plat that meets the City of Aspen's land use code plat requirements within 180 days of this approval. 2. The applicant shall place a plat note on the lot line adjustment plat that states that the development rights, permitted density, and allowable FAR will not be affected on any of the parcels involved in the lot line adjustment. 3. The applicant shall install monuments at all of the new property corners of Lot 1, of the Smuggler Hunter Trust Subdivision and monument them on the lot line adjustment plat. 4. The 5,063 square feet of land located directly west of Lot 1, of the Smuggler Hunter Trust Subdivision that is being incorporated into Lot l; is hereby designated on the Aspen Inventory of Historic Landmark Sites and Structures by virtue of Lot 1 being designated on the Aspen Inventory of Historic Landmark Sites and Structures. Moreover, the 5,063 square feet of land that is being transferred from Lot 1 to the Hunter Creek Condominium parcel is herby de -listed from the Aspen Inventory of Historic Landmark Sites and Structures because it is no longer incorporated in Lot 1, of the Smuggler Hunter Trust Subdivision. --lt,-'G✓ date�u�-- ljC�,-`��`� Jul' Ann Woods, Community Development Director 0F 474336 4%�NiPage: 3 of 6 SILVIA DAVIS PIT KIN COUNTY CO R 31.00 D20011:13A 00 0- 0 ACCEPTANCE: I, as a person being or representing the applicant, do hereby agree to the conditions of this approval and certify the information provided in this application is correct to the best of my knowledge.A L= AID Z- date 0 1 A 1 02 Scott ilicls and aureen Kinney, owners of Lot 1, of the Smuggler me Trust Subdivision. n date John r sident, H Cree Commons Corporation, Inc. ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Application Exhibit C -- Draft Lot Line Adjustment Plat 474336 11/04/2002 811:13A SILVIR ORVIS PITKIN COUNTY CO R 31.00 D 0.00 M Exhibit A Review Criteria & Staff Findings Lot Line Adjustment. A Lot Line Adjustment may be authorized by the Community Development Director if the following review standards are met. 1. It is demonstrated that the request is to correct an engineering or surveying error in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels; and Staff Finding: Staff believes that the proposed lot line adjustment is an insubstantial boundary change between adjacent parcels. The lot line adjustment will not affect the development rights of any of the parcels involved. Staff finds this criterion to be met. 2. All landowners whose lot lines are being adjusted shall provide written consent to the application; and Staff Findin All of the landowners whose lots are being adjusted have consented to the application in M the form of letters of consent. Additionally, the owners whose lots are involved in the lot line adjustment will have to sign the lot line adjustment plat prior to it being recorded at ;. N the Pitkin County Clerk and Recorder's Office. Staff finds this criterion to be met. ILO cY ° m m N N W B 3. The corrected plat will meet the standards of this Chapter, and conform to the a requirements of this Title, including the dimensional requirements of the zone district in which the lots are located, except in cases of an existing nonconforming lot, in which the _m adjustment shall not increase the nonconformity of the lot. The plat shall be submitted and recorded in the office of the Pitkin County Clerk and Recorder. Failure to record the plat within a period of one hundred eighty (180) days following approval shall render the plat invalid and reconsideration of the plat by the Community Development Director will M L) be required before its acceptance and recording; and Z 0 U Staff Finding: Staff believes that the proposed lot line adjustment is not in conflict with the dimensional Y requirements as set forth in the R/MFA zone districts in which both properties are located. Both of the lots subject to the proposal are conforming in regards to their W�� minimum lot size and neither lot is losing lot area through the lot line adjustment. > Furthermore, the proposal will not create any non -conformities in regards to required N setbacks. Therefore, staff finds this criterion to be met 4. It is demonstrated that the lot line adjustment will not affect the development rights, including any increase in FAR, or permitted density of the affected lots by providing the opportunity to create a new lot for resale or development. A plat note will be added to the corrected plat indicating the purpose of the lot line adjustment and the recognition that no additional FAR will be allowed with the adjustment. Staff Finding: Staff finds that the proposed lot line adjustment will not affect the development rights, allowable FAR, or permitted density on any of the parcels involved. Staff is requiring that the applicant place a plat note on the lot line adjustment plat that states that there will be no change in the allowable floor area, permitted density, or development rights on any of the properties involved in the lot line adjustment as a result of said adjustment. Therefore, staff finds this criterion to be met. 474336 Page: 6 of 6 1111111111111111111111111111111111111111111 11/04/2002 11:13A SILVIA DAVIS PITKIN COUNTY CO R 31.00 D 0.00 • 1-1 State of (I I Uy-C Gee County of P�k, ►" On this day of �A�P. , 200- , before me personally appeared ��� j�(� kY �e n '' n n and signed the attached signature card before me. NotaryPublic My Commission Expires on: � >46ui icl� • z ax 3613,40ece, ea&,rada 91612 October 15, 2002 lww,�O� ;V" to/lax (S?O)s2o- 1125 @¢cAun i. ca Mr. James Lindt, Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: HICKS-KINNEY/HUNTER CREEK CONDOMINIUMS LOT LINE ADJUSTMENT Dear James, Please consider this letter to be an application for an adjustment of the lot lines between the following two adjoining properties: • the Hicks -Kinney Property, located at 2 Williams Way; and • the Hunter Creek Condominiums Property, located at 1400 Vine Street. Legal descriptions of these properties are provided on the attached subdivision exemption plat. Proof of the ownership of the properties is provided via a warranty deed for the Hicks/Kinney property (see Exhibit #1) and an ownership certificate for the Hunter Creek Condominiums property (see Exhibit #2). The owners of these properties have each submitted letters designating Alan Richman Planning Services as their representative for this application. These letters are attached hereto as Exhibits #3 and #4. We held a pre -application conference with you regarding this application on September 17, 2002. A copy of the pre -application form you provided to us is attached hereto as Exhibit #5. Following is a brief description of the proposal, and an explanation of how the application complies with each of the review standards of Section 26.88.030 (A) (l) of the Aspen Land Use Code, Lot Line Adjustment. • • Mr. James Lindt October 15, 2002 Page Two Description of Application The applicants propose to swap equal amounts of land (5,603 sq. ft.) between their two properties. The purpose of the swap is to make the flat, open area located to the west of the Hicks/Kinney duplex part of their property. This area is a natural extension of the Hicks/Kinney property and will provide a logical area for new improvements to be developed. Adding this area to the property will not change its allowable floor area or development rights; it will merely alter the shape of the property and its resulting setbacks. Compliance With Review Standards A subdivision exemption that adjusts the lot lines between two adjacent parcels may be approved by the Community Development Director if the application complies with the standards of Section 26.480.030 A of the Land Use Code, as follows: A. It is demonstrated that the request is to correct an engineering or survey error in a recorded plat, or is to permit an insubstantial boundary change between adjacent parcels. Response: The request is to permit an insubstantial boundary change between adjacent parcels. The request is insubstantial because it involves a small amount of land (5,603 sq. ft. from each lot) and it involves equal amounts of land going to and from each lot. B. All landowners whose lot lines are being adjusted shall provide written consent to the application. Response: Letters from both landowners consenting to the application have been provided as Exhibits #3 and #4. C. The corrected plat will meet the standards of this chapter, and conform to the requirements of this title, including the dimensional requirements of the zone district in which the lots are located, except in the case of an existing nonconforming lot, in which case the adjustment shall not increase the nonconformity of the lot. The plat shall be submitted and recorded in the office of the Pitkin County Clerk and Recorder. Failure to record the plat within a period of one hundred -eighty (180) days following approval shall render the plat invalid and reconsideration of the plat by the Planning Director will be required before its acceptance and recording. Response: The attached plat meets all of the standards of this chapter. Both lots are conforming in size in the R/MF-A zone district. The size of each lot will not be changed by the adjustment, nor will the degree to which each lot will be conforming or nonconforming. The Hicks/Kinney house is currently conforming as to setbacks, and will remain so following the adjustment. Mr. James Lindt October 15, 2002 Page Three D. It is demonstrated that the lot line adjustment will not affect the development rights, including may increase in FAIL or permitted density of the affected lots by providing the opportunity to create a new lot for resale or development. A plat note will be added to the corrected plat indicating the purpose of the lot line adjustment and the recognition that no additional FAR will be allowed with the adjustment. Response: Since equal amounts of property are being swapped between the two lots, there will be no change to the permitted floor area or density of either lot. The exchange will also not provide the opportunity for a new lot to be created out of either parcel for resale and development. The required note has been placed on the plat. Conclusion In summary, the applicants have submitted all of the requested materials and responded to all applicable Code criteria, pursuant to direction given during the pre -application conference. Sufficient evidence has been provided as to the project's compliance with said criteria. Please let me know if there is anything else you require as you review these documents. Very truly yours, ALAN RICHMAN PLANNING SERVICES Alan Richman, AICP • • EXHIBITS • EXHIBIT #1 r1 LA M VC G Lr] z Q i cy 0 ci u 8 U O .u.. � C O O n ` pp 09 -• G n n N 0. ^ L •p N C J f71 'y r n_ C C C .ca N O� y u� C •y re0. � �f N G_ N p O F^ Q c o c s c N ? rN w F F u y i >` •� V L �; •p y NU 4; 61 y u .D G C � n n to E v> U oo c u 3 `o v= u en N 3 V a� u C L F o a eCJ v G O C n �• ^ - V N O �- V ' CM > O G O 0. v u y N U n A Ci u 0 U ' G ` � r G E L U L'7 'O � OO m ti c•p .ai C7L G, N u u y p�> � y F' G V E � n E � •o � u .a n "' E.E a oQ•o u sec a C` n 'C 'D •O •p t dq {O� p '�O- t Q y y eLe 7y C C u N e�9 n 7J A u t- N C .O U C 6` ¢ O¢�� . L y CO` uO L n n A U O O T i F N G V tU� y G n> n u i u -p U Ci .G. ... 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C ++ C Y m a 'o w C -.i TJ m- m a C E ++ .-i Y u ,� E q q: 0 m O H Y H¢ Y E E o -.� •ti U - m L 7 rot a u' m w O • m a a N •.i a s M O M u m a Y w a •.i w A U OG .y C a H 47 •N W k TJ a A C-0 uA aT7 '0 a s O A a 0 0 m A N YA Y KI U m K a dtD m C Y +1 C A Y N -H M •.� M m o1 a m m 'd Y m m H •.i m C N N 6' m .-1 '0 R ..Ci R A .Oi T C +a w m m O N H o'O a .+ .+ •.1 O ++ rl m m c Y a Y A M mt m m C m m a y m E ti M .y a U a a a s 'o - m C A c •.� N W A OI a E m a Y C m C pp� .'4 — 5 W O O >, N A to EE A A C a a •.� Y Y F T1 a m +I a •.� N 0 E O �m m a�i M A o Y a 9 E a, +Ei •O m V S 'O R pV) U pm{m O C o m b N O Y bCC C ro w A a s acOil z a F E- 7 N a a AM C K m m a a U m N Am EXHIBIT A A parcel of land situated in the Southeast 1/4 of Section 7, Township 10 South, Range 84 West of the 6th P.M., Pitkin County, Colorado, being more fully described as follows: Beginning at a point whence a 1954 brass cap set for the Center 1/4 Corner of said Section 7 bears N 19016109/1 W 250.79 feet; thence S 88048136/1 E 139.00 feet; thence S 01002142/1 W 316.81 feet; thence N 88048136/1 W 135.99 feet; thence N 00030100/1 E 316.83 feet to the point of beginning. OCT. 9.2002 12 : 3:3PM �EWART T I EXHIBIT #2 � HO.369 P . 2/3 Sanctity of Contract® STEWART TITLE of ASVMkT, INC. Stewart Title of Aspen, Inc. 620 E. Hopkins Av., Aspen, Co. 81611 OWNERSHIP CERTIFICATE Order No: 00030377 Prepared for: Lisa Thurston STEWART TITLE OF ASPEN, INC, hereby certifies, from a search of the real estate records of Pitkin County, that title to: See Attached Legal Description Situated in the County of Pitkin, State of Colorado, appears to be vested in the name of: HUNTER CREEK COMMONS CORPORATION, INC., A COLORADO CORPORATION Although we believe the facts stated are true, this certificate is not to be construed as an abstract of title, nor an opinion of title, nor a guaranty of title, and it is understood and agreed that Stewart Title of Aspen, Inc. neither assumes, nor will be charged with any fiiiancial obligation or liability whatsoever on any statement contained herein, Dated: October 9, 2002 STEWART TITLE OF ASPEN, INC, Title Examiner "Enhancing the Real Estate Closing Process "TM 620 East Hopkins, • Aspen, Colorado 51611 970-925-3577 • Fax: 970-925-1394 a Stewart Information Services company • NYSE.STC • WWW-stewart.com 10-09-02 12:94 TO:HUNTER CREEK PROPERTIES INC FROM: P02 T. ' +. 21I=1 1 = ;PH HORT TITLE H'-.F'EI1 A tract of land situated in the Northwaat Cuartar Of the South•aat Querter, In the utQua NorthtrtergOf the NorthWgstuarter Of the uDubrter Ouartar end in the southeast Range 04 west or the Sixth of section ?, Tawn➢hiP 10 soatn Colorado, More Cully Pr,inr.ipal Meridian, Pitkin County, described as Eolloxa� Beginnin0 at a point in Hunter creak whence the conno of� gold 7e 30oEaattAth•noeBS61�49a004��ed 1854, bsare S06 3 1� E. 7 a;D1.25 fa•ti thahcs 589"20'o0"E. 240.33 feet, thane• 901002142*W. 1,63 f•ett thence B46'Afi'36"6. 67.00 featt thence 900'30'00"w. 480.00 Ea•tl thence N99!r30.'DO*W, 46.61 feat) thence 000130100"14, 101.39toeOf thaaD•r Ids:1 toiohdSouth■rly 1 line 0f the Southeasterly / bad, in peed to Top Of Aslpen, Railroad right oY way as 33so!Grande ithc Pi`.Kin County racorda) Inc, in Book 255 at 9 thence 6Bfi'S3'DO"W, 16,00 feed thane N0O'40'00"E, 50.1 ee ) thence 606.53'00"w, 101.29 feet) thence 74.73 feet RIO% the era of a Canaont ourve to the left having a radius of 334.30 2D'00"W. 9$.53 feat) thence S00'40'00' W, a90t1 Chance N09' a6,01 feek: thence 46.29 feat along the arc Of b non^tangent curve to the left having ■ radius of 334.30 1!enc •et and whooa 90 cord " thence 91s531?27wE.4931652s>oatthth:nce0N55o07�2gnW239.56 94.13 !Bete thonCA N1�'.31'27"W. 404.55 fast) th•nc• s rdj foot taet794.13 the at.0 bE a tangent curve to the left haling a radius of 256.16 feet? th•noe 600.40'a0"W. 217 Er•tT thence N99'20,00"W. 1B1.B6 f4etl thence 14 .31'30"W• 1g7,e8 Eestl thence N57'29'00"W.. 87,99 feet) thanes North along heearctatncm N54'Sor00"W. 22.97 f•otr thanes 290,54cadiueaorn�67h5o feotr a tangent curve to the right having n thenCo'N44'33'00"e, 59.40 feet; thence Nor kh 65,40 foot to a oint in Hunter Creak) thence 586914113"E, 71.00 legit along P Hunter meat thence Nsb•16'001>- 60.41 "_act along un 4r e Hunter creaks thence Nbl'42'00"E. 43.17 fbet along Creex; oEebeginning, Ids"E' 43 nbeforatdalonib•dg H nkar crack to the point TOGETXER WITH ingress and •gross over the following 4aacribod es easements e6n9tatin9 of tnrea eapato d cdiptionpDtit`ed 1473 Parcel A, Parcel B and Parcel C, Be in Book 279 at Page 934. PARCEL A: LONE PjN£ ROAD hn access •aa•mant oltuot•d in the NEl/4 6w1/4 of section 7, lownenlp 10 6outh, Range 64 West of the Sixth Principal riaridian, Pitkin County, Colarad�itherdside aof thesil afoilowing9 sixty feet wide, thirty feet on daecriped centerline: BEGINNING at a point o11 the Norther Y Section 7ibeara^N22'41snue �'54ncB0gte 1246can e951feet, thencnjr e sold Seclqlstion31 7 West 440.81 foetr thenoa 242.95 fc along the arc of a cure• to the lent haying a r■oa ointoof interaactionee North 64ublie0'" Westi252 31 weyfact to a p with a P � q 10-09-02 12:04 TO:HUHTER CREEK PROPERTIES INC FROM: P03 r,rT. q. 4-I=12 1___': -3FV1 0E[41 F'T TITLE HS;PE11 • 11'-i . 3kc) P . -4 PARCEL Dr Access tAZWENT 'A" An acceaa easament altuatsd in the NE1/4 SW1/4 and -in the NW1/4 9E1/4 of Section 7, TownshiD 10 South., Range e4 West o4 the sixth Principal Meridian, Pitkin County, Colorado) acid ea&emant being twantY-four feat in width, twelve feet an either side of the following deaarlbed canterlin■r 2Fr 1NNSN0 et a point on the centerline of ah acceaa ■asament described in Parcel A whence the center 1/4`corner of said 5action 7 bear6 North 64'54156" Eaat 1051.39 feet) thence North 25.56'16" East 6.73 feet; thence 213.14 feat along the arc of a curve to the right having a radius of 455.00 feet)thence 132,21 feet along the arc of a curvs.to the rightihavinp a radiuB of 96.00 feat; thanes South 40.53100' East 15.50 feet; thence 177.37 felt along the arc of a curve to the Jeft having -a radius of 162.00 feet) thence North e9'23'00" E03Ah 151,92 fast, thence 69.34 feet along the arc of a Curve to the right having a radius of 65.00 feat) thence 13B.71 feat along the are of,a curve to the left having a radius of 191.50 fCOt) thence North BQ'00'00" East 111.00 feet; thence South 00030!00" WQvt 456.52 feet to a point in Spruce Street on the South line of Rao$ Street in wiiliame Additivn. PARCOL C: Access EASEM&NT 110" An nocame eanement situated in the NE1/4 SW1/4 of $action 7, Township 10 South, Range e4 went of the Sixth Principal Meridian, Pitkin county, Colorador said aoc a easement being twenty-four feet in width, twelve feet on e��her side of the following described centerlina; BEOINNING at a point on the centerline or an acre■a easement described in Dereel A whence the Center 1/4'corner cl said Section 7 bears North 41'52124' East 919.39 feet: thence North 711401001 East 209.13 toet) thence 188.32 feet along the arc of a curve t. the left having a radius of 115.50 feet) thence North 21437100" Weet 79.92 feet to b point on the centerline of an access easement described in Parcel e. ' EXCEPTING rrvervation of right of teconvayance to ■ .492, acre parcel au more fully eet'forth in Article XIv of the Declaration of Common Area Protective Covenant" for ell Hunter Creek Condominiums recorded November 23, 1993 in in Book 458_,at Page 130. PURTHER EXCEPTING THE FOL(.DN;NG IIESCRTRED PARCELS OF LANO) EXCEPTXNN NO, I (BUILDING 1)r Beginning at a point whence a 1954 U.S. (jape Cap originally set an the center Qauarter corner of said Section 7 and now narked as a special purpose monument bears N79'39104"E. 995,61 feetr thence 545107'00" E. 12.70 feetr thence N44.53'00"E, 2.70 feet) thence 645107100"r, 2.70 feat! thence N44.531001E. 6.00 feet) thence 545'o7'00"E. 20.00 teat) thence 544.53'00'N, 0.70 Fouts thence e45•0700Z . 21.50 feat) thence 644'53'00"W. 110.00 tact; thence N45'07'C)o•W. 21,50 Reetr thence s44'33'00"W 0.70 featr thence N45'07'OQ"W. 28.00 Ceetl thence N44053'00"e. 8.70 feet) thence N45'07'00"W, 15.40 feet, thence 844053'DO'E. 110.00 feet to the point of beginning. 10-09-02 12:04 TO:HUNTER CREEK PROPERTIES INC FROM: PO4 -II-T. ':A 211-1 ' i ': ,=�F'f�l 01AHRT TITLE 14-1 I I EXCEPTION NO. 2 (BUILDING 2)i Beginning at a point wh;.nc6"a 12 cap 70 fe:tbethencs'00"& arg 9N05.07,00"J'. 711,10 fool) thence SO45{ D0E 2.70 toot; thence 804.53'.0D"E. 2,70 Eeotr thence N85007. 6.00 featr thence SO4'53'00'E, 28.00 feet► thence 985.07'00"W. 8.70 teetJ thence 604'S3'00"E. 21.50 teetr thence S35'07'00"W. 110,00 foetf thence W. N04•.53'00"W. 21.50 feet) thence S65.07,00, 8.70 feetr thaneo N04•S3'00'W. 15.40 feet► thence NB5'07'00"B. 11D.00 feet t0 the point oe beginning.,, EXCEPTION NO. 3 (BUILDING 3); eoginnttng st m Point whence said brears eN37716.'1OQ7,6'0110^"gEo,adleb 562 8tthence U', 2.70Eaat;thence64'0000W2.70feetthencr o"e. 6.00 feet; [honer 514.00'00^w. 28,00"feet; thence N76.00'00"W. 8.70 feet: thence 61A'D0'00"W, 21.50 fost; thence N76'00100"W. 122.8fefe tl thancN14"DO0000£.E20?0o5faetttthoncec&76"00�00'E1.W• 1220DoaevetttonthaNPoint'of`be'ginntOgeeotf thence 67610D'00"E, EXCEPTION No. 4 (BUILDING 41: Beginning at a point whan'c■ said braes cap bears N5B°d3105"E, 447.25 eaeti thence 513.1(7 DO W. 18,70 feet; thence s76''43'00'E, 2.70 ieetr thence 613^17'Ou"W. 2.70 feet; thence 676'43'00"E, 6.00 feet: thence 613•17'00"W. 26.00 teetf thence N76.43'00"W. 8.70 feetl thencm 513.17'00"W, 21,50 feet' thones ;N76°43'00"W. 122.80 featl thence N13'17'00"E. 21.50 Csetr thence N76143'00"W. 0,70 festr thencm N13117100"6. 28.00'eveti thence 676.43'00"E. e.70 ieeCr thence N13°;�00°6.16,00 feet; thence s76.43'00"E. 7620 feetl thence N1317 5.40 testy thence S76*43100"E 46.,60 feet to the point of beginning. EXCEPTION N0, 5 (nUILDLNU 5): 11 Beginning at a point whenc6 0 1954 U.S, Bra 90 Cap met as the Center quarter corner of acid Section 7 bears N60'13'39"E. 792.52 feet: thence B55.53'23"w, 80.60 feet; thence N34'D6'374W. 25. tact► thence 655°53'23"W. 16,00 Iaotl thanee N34°06'37"W. 34.00 rest; chance N55.53123"E, 8.00 feet' thenoo N34°06'97"W. 5D,70 feet; thence N55'53'23"E. 88,80 feet; thence 934.06'37"E, 50.30 feet; thence N55°53'23"B, 8.00 feetr thence 530,06'37"e. 59.. 6,00 [sett thence 63410613716. 40 feet; thence s55°53'23"N 25.30 feet to the point of beginning. EXCEPTION NO. o (DUILDING 6)7 beginning at a paint whence a 1954 U,S. Braga Csp Net as the cantor quarter corner of said "WE ect►Cn 7 bear■ N52101110"E. 25B308featI 0enceeS14444445"w.9,n98LeeeQtthencecN75•151151 W.1W henCe 59.40 Coati thence N14 4445"£. e00®Dtfeet;tthencoNs75.15115wE. 25.30 rest; thence 25.3Q feet: Chance N14°44'45"E. 8,00 leek: Chance 575.15'1 59.40 feats thence $14144'45.W. 8,00 feet! thence 575.15'15"6. 25.30 feet to the point of beginning. 10-09-02 12:94 TO:HUNTER CREEK PROPERTIES INC FROM: POS H-FET. H_kPRT TITLE FfW SXCCPTION NO, 7 (BUILDING 7)t Beginning at a point whence a 1954 U.S. Bra 18 C0Gp ant am the center quarter corner of said section 7 bears N43.41'26"E. 699,46 feet, thence 508.33150"E. 80,80 feett thence 581'26'10"W. 25.30 fast) thence 900'33'50"E. 8.0010et) thence 561.26'10'W. 59.40 fait. th■nce'NOB'33'50"W. 0,0o festr thence S81.261101W. 25.30 test) thence N08.33'5D"W. 80.80 feetr thenee1NB1.26'10"E- 25.30 feet, thence NO8.33150"W. 0.00 t!att'thenCo NB1'26'lD•E.' 59.40 fast, thence 508.33'50"E, B4O0 feet; thence N81.26'10"E. 25.30 fast to th�'point of beginning. EXCEPTION 140, B (BUILDING B); Beginning at a point whence a 1954 U,S, Brea& Cap sat as the center qut+rter corner of said Section 7 beam N39'21'54"E. 586.31 tsetr thence e31.05'01"E. 00,90 teeti thence 659°54'S9"W. 25.30 featf thence 931.05'01"6. 8.00 feett thence S5B'S4.59'W,, 59.40 feet( thence N31.05'01"W. 0.00 leetr thence nsb*541591W. 25,30 faatt ther,.ce N31.05'01"W. B0.60 feet) thence H50.54'590E. 25.30 feet, thence Y:31•05'01"W. 8.00 £sett thanes N58.54159"E. 59.40 feetr thence E31'105'01"E. 0.D0 fea4l trlence N58"54159"E. 2s.30 feet to the point of beginning. ExcepTION NO. 9 (BUILDING 9)1 Beginning at a point whence a 195A Press Cap originally out as the center quarten,00rnsr of eaid Section 7, and now marked as a epee, al purpose monument bears N25.42'00"E, 735.99 festl thence 908137'00•B. 54:00 feat) th':nce 581.23'00"W. 24.00 feet: thango NOO'37'00"W. B.SO feetr thence 961.23'00"W. 137,_00 feet) thence SOB •37'00hW. 29.50 feet, thence N80023'00"E. 30.50 feet; thence NO8.37100"W. 16,00 feet) thence N0112310016. 15.00 feeler thence BOB'37'00"E. 63.50 feet; thence SBI'23'00"W. 50.50 fast; thence N0e•37'001W. 20.50 feet; thence E81.2310011W. 41.00 feet) thence N06037100"W. 100.00 feet, thence Ne1123100"E, 207.00 feet to the paint of beginning. EXCCSVTION NO. 10 (BUILDING 10)t Beginning at a point whence a 1954 Brass Cap originally set u the center, quarter corner of said Bectloh 7 and now marked ae a special"purpose monument bears N17'S7''39"E. 669.41 food thence S08.37'00"e, 1118.00 feet? thence S81!2310044. 206.00 feet, thanes N08137100,"W. 54.00 feet) thence 1481°23'00"E. 25,00 feet; thence .00 37'001E. 8.50 Fectr thencr N41.23100"d', 136.00 feetr thence NOB•37100"W. 56.00 feed thence 981.23100'W. 20.00 test] thence 608'37'OD"B. 8.511 feet) thionce 551,23100"W.•24.00 'feet; thence NDB•37'00"W. 54.00 feet; thence N81.23100"E. 52.00 feett thence 5081371001E. 71.00 esetr thence N81.23100"E. 39,00 fact to the point of beg[nning, EXCEPTION N0. 11 IB01 =NG 111, Beginning 5t a point whence a 1954 Brass Cep originally Get as the venter quarter corner of said Section 7 and now marked as a spacial purpose monument bears N02946'17"E. 591.86 f■eti thence s00"57'00"W. 90.00 feet. thence N69.03'00'1W. 36.BO feet) thence 900-57100•W. 13,60 fiats thence N88.03'OO"W. 81.00 feet; Chance N00.57'00"0. 33.00 Poet. thence NO9.03'0011W. JO.OD feet; thence N00°57'00°E. 46.00 feat) thence 5B9.03'00"E. 147-BOfeetfeet to the point of beginning. 10-09-02 12:95 TO:HUNTER CREEK PROPERTIES INC FROM: POG GC:T. '4.t=�t=r=' 1: -: iF'I I �EWHRT TITLE H'=.F'E(A 97CEPT1.0N N0. 12 (DUltDING 12)t Beginning at a point whence a 1954 areas Cap ArioinFtly set a■ the center Quarter corner of said Section 7 and,,now marked as 0 special purpose monument baa.. t?itn"4712'z3"E. 191,27 120- thence Nol•11132"E. 100,00 feat; thence 8ee'1BtzB"F, lz0.0o !Lett thence 601.11'32"W. 54.00 facto thence N8B'4B'28'W. 65.00 leetp thence 501.11'32"W• 46.00 feat: thence No8.98'2B^w, SS.oO toot to(,the point of beginning. SXCF:pTj6N N0. •'13 (BUrLDING 13) t 0eginnino at',a point Whagoe a 1954 Bravo cap nriginally eat AN the cantor quarter carrier of amid section 7 and now marked as a special purpose monument baarB N11'Dh'Oi9.5 374,BA Eeoti thence N99":01'55'W. 56.00 foot r thence N0 �59�05"E. 54.00 feet ttlenc* N89'O1'55•W. 90.00 feat Chance N00 59,, thence SB9'01'S5^E, 112.00 Eeatr thence 600'59'05"W.ILO.SO feet, tnance 5oint1a55"E: 34.00 feett th■nca S00.59'05"W. 110.04 feat to the p ,All located in Pitkin County, Colorado 10-09-e2 12:05 TO:HUNTER CREEK PROPERTIES INC FROM: P07 EXHIBIT #3 September 17, 2002 Mr. James Lindt, Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: HICKS-KINNEY/HUNTER CREEK CONDOMINIUMS LOT LINE ADJUSTMENT Dear Mr. Lindt, As the owner of record of Lot 1 of the Smuggler Hunter Trust Subdivision, located at 2 Williams Way, we hereby consent to the adjustment of our property's lot line with that of the Hunter Creek Condominiums property, as is more fully described in the captioned land use application. We also hereby authorize Alan Richman Planning Services to act as our designated representative with respect to this land use application. Alan Richman is authorized to submit those land use applications necessary to obtain approval for this lot line adjustment. He is also authorized to represent us in meetings with City staff and with any applicable review bodies. Should you have any need to contact us during the course of your review of this application, please do so through Alan Richman Planning Services, whose address and telephone number are included in the land use application. Sincerely, Scott Hicks Maureen Kinney 2 Williams Way Aspen, Colorado 81611 920-6575 EXHIBIT #4 September 17, 2002 Mr. James Lindt, Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: HICKS-KINNEY/HUNTER CREEK CONDOMINIUMS LOT LINE ADJUSTMENT Dear Mr. Lindt, As the owner of record of the property on which the Hunter Creek Condominiums are located, we hereby consent to the adjustment of our property's lot line with that of Lot 1 of the Smuggler Hunter Trust Subdivision, located at 2 Williams Way, as is more fully described in the captioned land use application. We also hereby authorize Alan Richman Planning Services to act as our designated representative with respect to this land use application. Alan Richman is authorized to submit those land use applications necessary to obtain approval for this lot line adjustment. He is also authorized to represent us in meetings with City staff and with any applicable review bodies. Should you have any need to contact us during the course of your review of this application, please do so through Alan Richman Planning Services, whose address and telephone number are included in the land use application. Sincerely, ?unterCreek Condominium Association 1400 Vine Street Aspen, Colorado 81611 925-1060 0 EXHIBIT #5 0 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: James Lindt, 920-5095 DATE: 9/17/02 PROJECT: 2 Williams Way REPRESENTATIVE: Alan Richman OWNER: Scott Hicks TYPE OF APPLICATION: No step. Subdivision Exemption for a Lot Line Adjustment DESCRIPTION: The Applicant wishes to swap an equal sized portion of property that belongs to Hunter Creek Condominiums for a portion of the property at 2 Williams Way. Land Use Code Section(s) 26.480.030 Subdivision Exemptions Review by: Staff for Completeness, possibly DRC for technical information, Community Development Director for approval of plat. Public Hearing: No. Referral Agencies: Engineering Planning Fees: Planning Deposit ($500) Referral Agency Fees: Engineering, Minor ($180); Total Deposit: $680 (additional hours are billed at a rate of $180/hour) To apply, submit the following information: 1. Proof of ownership (for both properties) 2. Signed fee agreement 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application 6. 2 Copies of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1/ea.; Planning Staff= 2 7. 2 Draft Plats that include the current status of the parcel, including all easements and vacated rights of ways, that is certified by a registered land surveyor, licensed in the state of Colorado. The plat should also show the proposed lot lines and be approved by both owners involved in the lot line adjustment. Please contact the Community Development Engineer for specific plat requirements. 920-5104. 8. 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. Please refer to the review standards in the application. 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. • MEMORANDUM To: Alan Richman, Richman Planning Services From: James Lindt, Planner Date: October 161 2002 Re: Hicks/Hunter Creek Lot Line Adjustment Plat- Community Development Department Comments Please make the following changes to the draft lotline adjustment plat: 1. Show building footprints so that staff can verify that the proposed lot line adjustment will not create any setback non -conformities. -- </Cr41 k � ca vl �CY0k-h 2. Change City Engineer to Community Development Engineer. ►5 dK 3. Plat note 2 should be amended to read as follows: "The purpose of this subdivision plat is to exchange equal amounts of land between the subject properties. No change to the permitted floor' area, maximum allowable density, or existing development rights of V either property is being authorized by the approval of this subdivision." 4. Label the hatched lot area that is transferring to Lot 1 and the hatched lot area that is transferring to the Hunter Creek Condos. V 5. Amend Title to read as follows: Kinney-Hicks/Hunter Creek Condominiums Subdivision Exemption Lot Line Adjustment Plat. 6. All of the Community Development Engineer's comments must be reflected on the final plat. 7. Please obtain all of the applicable signatures with the exception of the Community Development Engineer, Community Development Director, and the Pitkin County Clerk and Recorder prior to submitting two mylar copies of the plat for recordation. To: Allan Richman From: John Niewoehner City of Aspen Community Development Engineer THE CITY OF ASPEN Date: October 16, 2002 RE: Hicks/Hunter Creek Lot line Adiustment In addition to the comments of City Planner James Lindt, the following are engineering comments pertaining to the plat: 1. Show a detail for the area of lot lines L1 and L2. 2. Provide bearings and distances for the lot line crossing Williams Way %f �{,/ 3. Install monuments at all corners of lot 1 and show these monuments on the plat. 4. Label Williams Way as a private or public road!4 5. Revised the Surveyor's Certificate to include: (a) the date that the survey was performed or verified and (b) that the error of closure is better than 1:10000. /platreview/Hicks-HunterCrkLotAdj MEMORANDUM TO: Plans were routed to those departments checked -off below: X ........... Community Development Engineer O ........... Zoning Officer O ........... Housing Director O ........... Parks Department O ........... Aspen Fire Marshal O ........... City Water O ........... Aspen Consolidated Sanitation District O ........... Building Department O ........... Environmental Health O ........... Electric Department O ........... Holy Cross Electric O ........... City Attorney O ........... Streets Department O ........... Historic Preservation Officer O ........... Pitkin County Planning FROM: James Lindt, Planner Community Development Department 130 So. Galena St.; Aspen, CO 81611 Phone-920.5095 Fax-920.5439 RE: Hicks -Kinney Lot Line Adjustment 2 Williams Way Parcel ID. 2737-074-3 1 -001 DATE: October 16, 2002 COMMENTS: Please return comments to me by October 23, 2002. Thanks, James 0 "46�w ;z6d�� 04 3613 AAw, ed&i4, a 816/2 October 15, 2002 �la.ce/�ax (S70)�i20-1125 auel�iafc��ao�i�C�.,ret Mr. James Lindt, Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: HICKS-KINNEYMUNTER CREEK CONDOMINIUMS LOT LINE ADJUSTMENT Dear James, Please consider this letter to be an application for an adjustment of the lot lines between the following two adjoining properties: • the Hicks -Kinney Property, located at 2 Williams Way; and • the Hunter Creek Condominiums Property, located at 1400 Vine Street. Legal descriptions of these properties are provided on the attached subdivision exemption plat. Proof of the ownership of the properties is provided via a warranty deed for the Hicks/Kinney property (see Exhibit #1) and an ownership certificate for the Hunter Creek Condominiums property (see Exhibit #2). The owners of these properties have each submitted letters designating Alan Richman Planning Services as their representative for this application. These letters are attached hereto as Exhibits #3 and #4. We held a pre -application conference with you regarding this application on September 17, 2002. A copy of the pre -application form you provided to us is attached hereto as Exhibit #5. Following is a brief description of the proposal, and an explanation of how the application complies with each of the review standards of Section 26.88.030 (A) (1) of the Aspen Land Use Code, Lot Line Adjustment. Mr. James Lindt October 15, 2002 Page Two Description of Application The applicants propose to swap equal amounts of land (5,603 sq. ft.) between their two properties. The purpose of the swap is to make the flat, open area located to the west of the Hicks/Kinney duplex part of their property. This area is a natural extension of the Hicks/Kinney property and will provide a logical area for new improvements to be developed. Adding this area to the property will not change its allowable floor area or development rights; it will merely alter the shape of the property and its resulting setbacks. Compliance With Review Standards A subdivision exemption that adjusts the lot lines between two adjacent parcels may be approved by the Community Development Director if the application complies with the standards of Section 26.480.030 A of the Land Use Code, as follows: A. It is demonstrated that the request is to correct an engineering or survey error in a recorded plat, or is to permit an insubstantial boundary change between adjacent parcels. Response: The request is to permit an insubstantial boundary change between adjacent parcels. The request is insubstantial because it involves a small amount of land (5,603 sq. ft. from each lot) and it involves equal amounts of land going to and from each lot. B. All landowners whose lot lines are being adjusted shall provide written consent to the application. Response: Letters from both landowners consenting to the application have been provided as Exhibits #3 and #4. C. The corrected plat will meet the standards of this chapter, and conform to the requirements of this title, including the dimensional requirements of the zone district in which the lots are located, except in the case of an existing nonconforming lot, in which case the adjustment shall not increase the nonconformity of the lot. The plat shall be submitted and recorded in the office of the Pitkin County Clerk and Recorder. Failure to record the plat within a period of one hundred -eighty (180) days following approval shall render the plat invalid and reconsideration of the plat by the Planning Director will be required before its acceptance and recording. Response: The attached plat meets all of the standards of this chapter. Both lots are conforming in size in the R/MF-A zone district. The size of each lot will not be changed by the adjustment, nor will the degree to which each lot will be conforming or nonconforming. The Hicks/Kinney house is currently conforming as to setbacks, and will remain so following the adjustment. Mr. James Lindt October 15, 2002 Page Three D. It is demonstrated that the lot line adjustment will not affect the development rights, including any increase in FAR, or permitted density of the affected lots by providing the opportunity to create a new lot for resale or development. A plat note will be added to the corrected plat indicating the purpose of the lot line adjustment and the recognition that no additional FAR will be allowed with the adjustment. Response: Since equal amounts of property are being swapped between the two lots, there will be no change to the permitted floor area or density of either lot. The exchange will also not provide the opportunity for a new lot to be created out of either parcel for resale and development. The required note has been placed on the plat. Conclusion In summary, the applicants have submitted all of the requested materials and responded to all applicable Code criteria, pursuant to direction given during the pre -application conference. Sufficient evidence has been provided as to the project's compliance with said criteria. Please let me know if there is anything else you require as you review these documents. Very truly yours, ALAN RICHMAN PLANNING SERVICES Alan Richman, AICP • • EXHIBITS • EXHIBIT # t fl1 VC g�oIo� Uo -1 0 I F p c- u .o N L7 u u `u i, •0 ^ c c N c •G- N � O°m.. R `° d •O H 'n o v y 'v •m v y a .N ^� T.p C v EC E E E .� o O = �c°�? 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G C ro N m .+ ro L C Z m R v F F N 4: 7 7 v a A �¢ m m a a u m F m L EXHIBIT A A parcel of land situated in the Southeast 1/4 of Section 7, Township 10 South, Range 84 West of the 6th P.M., Pitkin County, Colorado, being more fully described as follows: Beginning at a point whence a 1954 brass cap set for the Center 1/4 Corner of said Section 7 bears N 19/16109/1 W 250.79 feet; thence S 88/48136/1 E 139.00 feet; thence S 01002142/1 W 316.81 feet; thence N 88048136/1 W 135.99 feet; thence N 00030100/1 E 316.83 feet to the point of beginning. OCT. 9.2002 12:33R-1 *EWHRT TI EXHIBIT #2 $QnCtity df Con&actm STEWART TITLE OF ASPMv, INC. Stewart Title of Aspen, Inc. 620 E. I-lopkins Av., Aspen, Co. 81611 OWNERSHIP CERTIFICATE Order No: 00030377 Prepared for: Lisa Thurston P10. -bS) P.2/g STEWART TITLE OF ASPEN, MC, hereby certifies, from a search of the real estate records of Pitkin County, that title to: See Attached Legal Description Situated in the County of Pitldn, State of Colorado, appears to be vested in the name of: HUNTER CREEK COMMONS CORPORATION, INC., A COLORADO CORPORATION Although we believe the facts stated are true, this certificate is not to be construed as an abstract of title, nor an opinion of title, nor a guaranty of title, and it is understood and agreed that Stewart Title of Aspen, Inc. neither assumes, nor will be charged with any financial obligation or liability Whatsoever on any statement contained herein, Dated: October 9, 2002 STEWART TITLE OF ASPEN, INC. Title Examiner "Enhancing the Real Estate Closing Process" 620 East Hopldns • Aspen, Colorado 81611 970-925-3577 - Fax: 970-925-1384 a Stewart Information services company • NYSE.STC 0 www.stewamcom 10-09-02 12:04 TO:HURTER CREEK PROPERTIES INC FROM: P02 OCT. 9.2002 12:33PH 0EWART TITLE ASPEN NO. 69 P.:31/8 s tract o>• Puatedn the hwester E the 8outheant Quart arts) of the Nort,weet ouarter Quarter and in the southeast Qu of Section 7, Townanip 10 South, Ranges4 ant oe the Stxta prd nclpal Maridien, Pitkin County, described as follows% Be91nning at a Point i'n Hunter Creek whence the centeS of, °aid section 7, a U.S. Braes Cap dated 1954, boars ge6°3'13•E• 776.38 featr thenoa Se1•49'00"E. 1,954, fret) th■hcs 589.20'00°E1. 240.33 fact, thence ',901.02'42"w. 1.63 feet) thence 866.48136"S.W8746Q67eEg�t�henca B00.30'00"W. 400.00 fast) thence N89,�i the nce $00.30'oo°W. 101,391tZ°of theepenvsl'°and lkinnGrande h■rly line of the 6outhe69teYlY / of Aspen, Railroad right of way as describod'in deed to Top ;no. in Book 255 at cage 33 of the Pitkin County records) thence 606.53100"W. 16,DO feet) thence N00.40100"8. 50.11 feetj thence a86•g3'0o"w, 101.29 feet) thence 74.73 feet s1Qt1y the aro of,a 6*51' 01tangencurve to the left haying a radius of 334.30 1:8eC1 thsn0e Ng9'2D 00°W. 95.53 fret! thence 50a'40!00" W. 46.D1 leek: the 46.29 feet along the are of !, non^tangent hoas curve to the left having a radius o! 33a,30 Caek and MN,2 Chord years 551.51'28"9a. 46.26 feet) thenco,N89°20'QO'w,, a39.56 !sett thence 91s•31'27"B. �31.52 feet# thence N55.0712911W. 94.13 fsetl thence N13 91'2T . 404.55 teal having a r.d8 Feet alonQ the ar.0 of a tangent curve tO the left having a radius o! 2g6.76 te■tl thanoe 600.40'00"W. 24.'94 E■etf thence NB9.20'00"W. 181.86 rand thence N77.31'30"W. 047.88 feet! LhenCe N57'28'00"W,,.B7,99 feet! thence North 90.43 feet; thence N34.50r00"W- 22.97 Feat) thence 290,54 feet along the arc of e tangent curve to the right having A radius of 197.50 fQet; thence N44'33'00"E, 59.40 feet) thence North 65,40 fact to all point in Hunter. Creak! thence 986.14113"E. 71.00 lest along Hunter Creaky thence NS6•le'00">- 60.91 feet alter CreeY; Creek,) !hence N61./2%00"6. 43.17 f4gget along Huhte>' Creex; otvbcginning6100"E. 43. befoestALOn re daocribvd�t■r crack to the point r as ToGC7NER Wlrfl ingrate and *grass over the following d■*cri"d easements consisting of three eeparats dedad S*ptemDer ionp 24d Parcel A, parcel S and parcel C, as recorded 24, 1973 in Book.279 at Pago 934. PARCEL Ai LOHr Pin POAD An accesa sasament situated in the NE1/4 6wl/4 of section 7, rinciPal TownantP LO South, Range Cc ,,am 84 West Esold accthe 5[xth peasenent biting rieridian, pitkin County, either aide of the following Sixty feet wide, thirty feei on Point on the Northerly described con torlinet 11BGTNNiNC at s Section 7ibe4reAN72641ue '�54"cBaste, 1246.55centBr1feet�rtaenca Bald N15.31'27' West 440.81 lost; thence 242.95 feet along the acc of a "" eo the felt haying a radius oiint8oE76ntersectionor North 64.04.00" West 252.37 leer to a p with a public road tight o£ way. 10-09-02 12:04 TO:HUNTER CREEK PROPERTIES INC FROM: P93 OCT. 9.2002 12:33PN V EWART TITLE ASPEN � NO.369 P.4i8 PARCEL bl ACCESS ZASRMEN7' "A" An access sasament situated in the NE1/4 SW1/4 and In the NW1/4 eel/4 of section 7, Township 10 South., Range 04 West of the sixth Principal Meridian, Pitkin County, Colorado) 04id easement being twentY-four feet to width, twelve feat on either aide of the following described eanterlin■r BEGINNING at a point on the centerline of an accaas sassment described in Parcel A whence the center 1/4`corner of said section 7 bears Nortn 64*54156" Boat 2051.39 feet? thence North 25156l16" East 6.73 feptp thence 213.14 foot along the arc of a curve to the right having a radi-us of 465,00 festl thence 132123 Eeet along the arc of a curve,to the r1h ihavinp a radiuB of 96,00 feat; thence south 48'53'00" Eaat 5�.5❑ Eeet'r thence 177.37 feet slang the arc of a curve to tha.laEt having,a radius of 162.00 Eeetr thanoa North 581231004 East 151.D2 feet? thence 99.34 teat along the arc of a curve to the right having a radius of 65.00 !pets thence 138.71 Coat along the are of.a curve to the left having a radius of 191.90 fCatr thence North Be'00100" East 111.00 feet? thence South 00"30!00" West 456.52 Feet to p point in Spruce Btrset on the Gout, line of Race Street in williame Addition. PARCEE. Ct ACCESS EASEMENT 118" An access aagement situated in the NEW SWl/4 of 9octfon 7, Tewnehip 10 South, Range 94 went of the Sixth principal Meridian, Pitkin County, Colorador said qoc a casement being twenty-four feet in width, twelve feet on e��heC aide of the following described centerline; BEOINNING 4t a point on the centerline or an aceeee easement described In Parcel A whence the Center 1/4'corhsr of said Section 7 bears North 4A'52124' East 919.39 feet; thence North 71440,00" Rapt 209.13 Teetr thance 188,32 f,e•t slang the arc of p curve to the left having a radius of 115.50 feet? thence North 21437r00" iieet 78,92 feet to a point on the centerline of an access saaam4nt described in Parcel B. EXCEPTING regtrvation of right of raconveyance to ■ ,482, acre parcel as more fully set'farth in Artlale XIv of the - Declaration of Common Area Protective COvenante for ell Hunter Creek Condominiums recorded November 23, 1983 in in book 458_,at Page 13D. PUATHER EXCEPTIN; THE FOLL01gXNG DESCURED PARCELS of LANDJ EXCEPTION NO. 1 (BUILDING 1)1 BeginnlLQQ at a point whence a 1954 U,S. Nraps Cap originally Bet as the eentar qquarter corner of said Station 7 and now Barked as a special purpose monument be N79'391040E. 895.61 Eeetr thence 645007.00" E. 12.70 faatr thence H14.53100"E, 2.70 feet► thence 645'6710ONC, 2.70 Eeetl thence N44.53100"E, 6.00 foot? thence 545'07100*E. 20.00 feet? theno■ S44'53'00'W, 0.70 foatr thence 645107100"E. 21.50 feet; thento 644653'00"W. 110.00 feat? thence N45'07160"W. 21,50 feetl thence S4405310011W 8.70 feetr thence N45'07'00"W. 26.00 Ceetl thence N44053100"E. 9.70 feet? thence N45907'00"W. 15.40 feetr thence 844053'DO'E. 110.00 Fast to the point of beginning. 10-09-02 12:94 TO:HUNTER CREEK PROPERTIES INC FROM: PO4 OCT. 9.3083 12:33PN WEWART TITLE ASPEN 0 NO.369 P.5,`8 EXCEPTION No- 1 (BUILDING 2)t 711i10ilaal; thincatso esg600"E. 12.70 cap ,tl thenet Ne58071oo"E. 2.70 foati thence 804.53!00•E. 2.70 taotr thenee N85•07•'00•E. 6.00 Esatr thence S040531000E. 28.00 Eaett thence 9850071000W. 8.70 feet; thence 504.53'DO"E. 21.40 l■etr thane& s85.07'00°W. 110.00 leetl thenee N04:53100"W. 21.50 East; thence 965'07'00"W• p.70 feet) thence N04053100'W. 28.00 feet t thence N85.07'00"E. 8.70 feetr thante N04.53'00'W. 13.40 fentl th■nCe N85.07100"' 110.00 East to the point of beginning." EXCEPTION N0. 3 (SUILDIWC 3)1 aeginniinQ at ■ point whence said brags cep bear& N71.17111"Eo 55 setp thence ze 2.70feetlthenceeoo"e. SIVDV 00'g 9.00 feet; thence 514.00'00'W. 26.00"feett thence " ' 00'00'W. 6.70 feet; thence 814.00•1001W. 21.50 Lost? thence N7e•00'0O"W. 1a:1.80 laotl thence N14"00'DO'E. 21.5p fast) thence N76'00'00"W. 5.70 festl thsnea 14 4"0or001E. 2B.Do faetr thence 276.00+00"E. 9.70 feet; thsnc■ Nlcint'of•beginntog eetl thence 576'00100"E, 122.50 foot to the p sxCEPTION NO. A (BUILDING 41: B eginning at + point when'c■ said braes cep beer@ N50943105°E, 441.25 leeti thence 913'St7'DO•W. 19.70 feet) thence S76'•43'00"E. 2.70 treat► thence 613�17'Ofl�W. 2.70 fu t; ttnence N76.4310nww. 6.00 feet? thence 613 17 00 W. 20.00 feat; 6.70 Cacti thence 913.17'00"W. 21.10 faetr ththencer4743'00"W. 1zx.S0 Corti thsnca N13.17'00"E. 21.59 feet; thence N76'A7'00"W. 5.70 festr thence N13'17'00"8. 211.00'leetl thence S76.43'00"E. e.70 legit► Chance N13.17'oD"E. 15.40 fsstt thence S76.43'00'+E. 46.60 Cast 6.00 thence 676.43'OD•D. EXCEPTION No. 5 (9UIi,DINO 3): l " ginning at a point Whence a 1954 U.S. Bra tie Cap not as the cantr quarter &erne e; of @aid Section 7 bears N60.13139"f. 7 2. 2teetrTthethence e55"53323"W. 16O000foot, thenceeN34°066'377W. nc 34,00 feet; thence N55.53123"E, 9.00 feet; thence N34.06'37"W+ 50.In feet: thence N55.53123"E. 88.000 Eeet; thanco 934°06'37"E. 25.30 leer; thence N55"531231E, a.OD feetr thane! 53A�b6'37,"t:• 59.40 feet; thence s5st5oftb■winning.fe■tr thence s34.06'37"B. 25.30 feet to the po� 9 EKCEp2'ION NO. U (DUILDING 6): 9eglnning at a point Whence a 1954 U.S. Brass cap set of the center quarter COCnar of Said Section 7 bears N52.01'10"E. 25B3DSfeatl'thenceeS14444445"Ww,880oBreetrtthenceCN75.151151W.w. 59.40 feet) thence 4 4 5.r, 10.60 fe■tltthanca S75.15115wE. 25.30 !e&tl Chance N14.4 5.34 feet: thence N14944145"E. B4O0 feet, thanco 575.15 .2 59.40 feet; thence S14•44'A5•H. 2.00 feat) thence 575•)5'15"6. 25.30 feet to the point of beginning. 10-09-92 12:94 TO:HUNTER CREEK PROPERTIES INC FROM: P05 OCT. 9.2002 12:34PN 0EWART TITLE ASPEN • N0.369 P.618 EXCEPTION No, 7 iBUILDING I)., Saginning at a point whence a 1954 U.B. Braes Capp 9•t ae tits canter quarter corner of said Section 7 bears N43'41'2a"G, 699.46 feett thence 508@33150"6. A0.80 foott thence 681'2e'10"w. 25,30 fast) thence 908133150`E. 6.001e0tt thence 961'25'10'W. fouty 25.30 feet) thence N0803315D"W. 60.60feettiGthanee'N8l'25130W6.- 25.30 feett thence N05033150"W. 8.00 frett'thenea N81'26'10'g.' 59.1a test) thence 808'33150"E. 9.00 facts thence NB1.26'10"E. 25.30 fact to the'point of beginning. EXCEPTION No, 8 (BUILDING 0); Beginning at a point whence a 1954 U,,6, areas cap sat as the csntsr quarter corner of said section 7 beace N39471'541E. 586.31 fasts thence 831105101"E. 00.00 feet; thence 658054159"W. 23.30 feett thence 831.05'OL"O. 9.00 feet; thence S38.540591W, 59.40 feet( thence N31'05101"W. 8.00 }sett thence 858'54159'W. 25.30 feett therree 031.05'01"W. 50.90 feats thence 145e'54'59"e. 25.30 feet thence '031.05'al"W. 9.00 feet; Dance N58.54'594E. 59.4o faetr thence 631.05101"E. 0.00'fea41 �,Nence N580541•59"E. 25.10 fast to the point of beginning. B1iCE)?TTGk NO. 9 i BUILDTNO 9? t BeginningQ at a point whence a 1954 Sress Cap originally Get as the center quarten,00rner of said Section 7, and now marked AS a special purpose Tanunent boars N25.42'OB"6. 735.99 fast) thence S06637'001E. 54.00 feet) thence 681.23100"i4, 24.00 Cent: thange N0803710011W. 0.50 Eeetr thence 8A1.23'00"W. 137..00 feet) thence 609.37'00hW. 29:50 feet) thence N80°23'00"E. 30.50 festt thence N08.37000"W. 1B.00 fast) thence N01.23100"E. 15.00 feeGi; thence 800137100"8. 63.50 feet; thence SB1'23'00"W. 5a.50 farts thence N08.37'o0"W. 20.50 feet; thsnce 881.23100"W, 41.00 feet) thence N011037100"N. 100.00 feet;, thence NB1023100"E, 207.00 test to the point of beginning. E°KCBi'TTON NO, 10 (pUILDV40 10)t Beginning at a point whence a 2954 liras$ Cap originally set ra the center• quarter eornor of said Section 7 and now marked as a special'purpo■e monument bears N17'57"390E. 669.41 feett thence 806'37'00"E, 1.28.00 feetT thence S811231100"14. 206,10D fa c LP thence NOB'37'00"W. 34.00 feet) thence NBl'23'00"E, 25.00 teat; thence g0B'37'094E. 6.50 each thenct NOI•23'00"E', 136,00 feetr thence NOB637100"k. 56.00 feitl thence 861.23'DO'W. 20.00 foot; thence &O8137100"9. 8.50 feet) thence 681.2310D"w,•24.00 'fast; thence ND8'37100"W. 54.00 feeti thence N61'23'00'(:. 52.00 feet; thence 509037'00'E. 21.00 eeett thence N81.23100"E. 39,130 feet to the point of beginning. ' EXCEPTION N0. 11'JB0101NG 111, Beginning st a point whence a 1954 Brass Cap originally set as the venter quarter corner of said section 7 and now marked as a special purpose monument boars NO2'48117"E. 591.06 toett thence S00"57'00"w. 90.OD ;aetl thence 089'D3'DO"M. 36.00 faetr thence S00.57'0O•N, 13,60 featr thence 0E9'03'00'W. 81.00 feet: fool thencrRce ND0.57'00"E. 24.60 feet) thence N89°03100"i4, 20,00 test; thence N00.57'00"E. 46,oc feett thence SB9803'00"E. 147.80 feet to the Point of beginning. 10-09-02 12:05 TO:HUNTER CREEK PROPERTIES INC FROM: P06 OCT. 9.2002 12:34PM W EWART TITLE ASPEN NO.369 P.7i6 is SXCSpTSON No. 12 (BUItMINO 12)T Beginning at a point whence a 1954 Erpa5 Cap criOlne"y sat me the cantor Qu eetel; corner 09 said Section 7 and,,now marked as a special purpose monument beare N47■02'23"E. 491,27 feet; thence Nfll•11'32"G. 100.00 festi tr*nce 560'48'2l9R. 120.00 feet, thence Sal°11'37"W. 54.00 facto thence W88.0.8128"w. MOO leeti thenc@ pointlof2eiginn-OD fact ; thence N08"48'28.11. 55.00 feet the BXCEpT16N po,''13 (BUILDING 13)s Beginning at',a point whenoe a 1954 Brass Cap originally eat as the cantor quarter corner of *aid section 7 and now marked as a spacial purpose monument b*vrB N11°Oh'09"B. 05"r.A 4.50 thence Nog ut 55"W, 56.00 f■atr thanes N0 °59'05"e. 74.SU lesni these• N89"O1155"iQ. 90.00 feet, thence N00"59!,05"e. 54.00 F}etr thence SB9°01'S5"E. 112.00 feetr thence 600*59'askw.016.50 feet, thence S89'01'55"E. 34.00 feats thanoe 300•59'0 3"W. 110.09 feet to the point of beginning. ,,All locateQ in Pitkin County, Colorado 10-09-02 12:05 TO:HUNTER CREEK PROPERTIES INC FROM: P07 EXHIBIT #3 September 17, 2002 Mr. James Lindt, Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: HICKS-KINNEY/HUNTER CREEK CONDOMINIUMS LOT LINE ADJUSTMENT Dear Mr. Lindt, As the owner of record of Lot 1 of the Smuggler Hunter Trust Subdivision, located at 2 Williams Way, we hereby consent to the adjustment of our property's lot line with that of the Hunter Creek Condominiums property, as is more fully described in the captioned land use application. We also hereby authorize Alan Richman Planning Services to act as our designated representative with respect to this land use application. Alan Richman is authorized to submit those land use applications necessary to obtain approval for this lot line adjustment. He is also authorized to represent us in meetings with City staff and with any applicable review bodies. Should you have any need to contact us during the course of your review of this application, please do so through Alan Richman Planning Services, whose address and telephone number are included in the land use application. Sincerely, Scott Hicks Maureen Kinney 2 Williams Way Aspen, Colorado 81611 920-6575 r] • September 17, 2002 EXHIBIT #4 Mr. James Lindt, Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: HICKS-KINNEY/HUNTER CREEK CONDOMINIUMS LOT LINE ADJUSTMENT Dear Mr. Lindt, As the owner of record of the property on which the Hunter Creek Condominiums are located, we hereby consent to the adjustment of our property's lot line with that of Lot 1 of the Smuggler Hunter Trust Subdivision, located at 2 Williams Way, as is more fully described in the captioned land use application. We also hereby authorize Alan Richman Planning Services to act as our designated representative with respect to this land use application. Alan Richman is authorized to submit those land use applications necessary to obtain approval for this lot line adjustment. He is also authorized to represent us in meetings with City staff and with any applicable review bodies. Should you have any need to contact us during the course of your review of this application, please do so through Alan Richman Planning Services, whose address and telephone number are included in the land use application. Sincerely, unter Creek Condominium Association 1400 Vine Street Aspen, Colorado 81611 925-1060 0 EXHIBIT #5 • CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: James Lindt, 920-5095 DATE: 9/ 17/02 PROJECT: 2 Williams Way REPRESENTATIVE: Alan Richman OWNER: Scott Hicks TYPE OF APPLICATION: No step. Subdivision Exemption for a Lot Line Adjustment DESCRIPTION: The Applicant wishes to swap an equal sized portion of property that belongs to Hunter Creek Condominiums for a portion of the property at 2 Williams Way. Land Use Code Section(s) 26.480.030 Subdivision Exemptions Review by: Staff for Completeness, possibly DRC for technical information, Community Development Director for approval of plat. Public Hearing: No. Referral Agencies: Engineering Planning Fees: Planning Deposit ($500) Referral Agency Fees: Engineering, Minor ($180); Total Deposit: $680 (additional hours are billed at a rate of $180/hour) To apply, submit the following information: 1. Proof of ownership (for both properties) 2. Signed fee agreement 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application 6. 2 Copies of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1/ea.; Planning Staff= 2 7. 2 Draft Plats that include the current status of the parcel, including all easements and vacated rights of ways, that is certified by a registered land surveyor, licensed in the state of Colorado. The plat should also show the proposed lot lines and be approved by both owners involved in the lot line adjustment. Please contact the Community Development Engineer for specific plat requirements. 920-5104. 8. 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. Please refer to the review standards in the application. 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. ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and S W (hereinafter APPLICANT) AGREE AS FOLLOWS: APPLICANT has submitted to CITY an application for Sv (3 0 t v is �o - ,-L-y.e.&. :-- (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 57o A which is for ^ hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $205.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: Julie Ann Woods Community Development Director g:\support\forms\agrpayas.doc 1/10/01 By: jou* i i Date: Mailing Address: 01►1Z,McZ ,a tiJ it., c% Awk .5 L,j" &Qytj CQ:) C;�-l(,,j k " r Ij • COMMUNITY DEVELOPMENT DEPARTMENT 130 South Gaiena Street Aspen, Colorado 8161-4 (970) 920-5090 City of Aspen Land Use: 1041 Deposit 1042 Flat Fee 1043 H PC 1046 Zoning and Sign Referral Fees: 1163 City Engineer 1205 Environmental Health C 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit. 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection 1079 Aspen Fire Other Fees: 1006 Copy 1165 Remp Fee 1302 GIS Maps 1303 GIS Fee 1481 Housing Cash in Lieu _ _ _ _ _ _ _ 1383 Open Space Cash in Lieu 1383 Park Dedication 1468 Parking Cash in Lieu Performance Deposit 1268 Public Right-of-way 1164 School District Land Ded. TOTAL NAME: 1 ADDRESS/PROJECT: I f "r•; '—�'C_: PHONE: CHECK# "C CASE/PERMIT#: # OF COPIES: i DATE: -!, INITIAL: - ,^T,EXEMPTION PLAT KINNEY-HICKS/HUNTERrCREEK CONDOMINIUMS SUBDIVISION ^^ ^^ \ /ii•i CIV V1IVU LV I 11 JIvIVUULCK I'IVIV I CK I KUJ I 4-:)U0U1V1J1VIV HIVU I'1UIV I tK l.KttK I.UIVUUM11V1UM5 S.E. 1 \4 OF SECTION 7, TOWNSHIP 10 SOUTH, CITY OF ASPEN, COUNTY OF PITKIN HUNTER CREEK CONDOMINIUMS CURVE TABLE CURVE LENGTH RADIUS TANGENT CHORD BEARING DELTA C1 137.34 141.70 74,60 132.03 S41°47'54'E 55°31'55' C2 48.48 181.70 24.39 48.34 S81°43'24'E 15°17'16' C3 290.54 167.50 197.45 255.46 S05°08'30'E 99°23'00' C4 105.58 256,76 53.55 104,84 N27°18'15'W 23°33'36' C5 46.301 334.20 23.19 46.26 S51'51'28'W 7°56'05' C6 74,73 1 334,301 37,52 74.57 S80°2846W 12°48'29' LINE TABLE LINE LENGTH BEARING L11 1.87 S89°201001E L21 1.63 S01°02'42'W bby --� W lV i ,p Cir CarekC` A v 7 GG nter Cc F4 • c Po i � a Gillesvie St Ave Pe Ct � 3 m t°Z ! Silver King Dr 2 Race St "' 3 Spring St 4 Oxtonwood Ln a, cia St ^ Pu $, �` S ( TE S Ajax Ave 6 Oak Ln 2 7 Maple Ln S� 3 5 8 Midland Park Pi 4 4 Mascotte Ln S8 "` r 6 l 10 Smuggler Grove Ct iq 7 f✓ 11 Ardmore Ct °h y Cp aq A ve " !ih Sj k�4 12 Riverside Ave 13 Dale Ave �' Q� c� r �• a epsr 14 Midland Ave v c 8 15 Mayflower Ct C01) < 14 VICINITY MAP (nts) NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. FOUND BLM BRASS CAP C1 /4 SEC. 7, T.10S, R841 CITY ENGINEER APPROVAL THIS SUBDIVISON EXEMPTION PLAT OF KINNEY-HICKS/HUNTER CREEK CONDOMINIUMS HAS BEEN REVIEWED AND APPROVED BY THE CITY ENGINEER THIS DAY OF ----12002 CITY ENGINEER COMMUNITY DEVELOPMENT DIRECTOR APPROVAL THIS SUBDIVISION EXEMPTION PLAT OF KINNEY-HICKS/HUNTER CREEK CONDOMINIUMS HAS BEEN REVIEWED AND APPROVED BY THE COMMUNITY DEVELOPMENT DIRECTOR THIS -- DAY OF _ , 2002 COMMUNITY DEVELOPMENT DIRECTOR CLERK AND RECORDER THIS SUBDIVISION EXEMPTION PLAT IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER FOR PITKIN COUNTY, COLORADO, THIS DAY OF , 2002, IN PLAT BOOK ON PAGE AS RECEPTION NO. CLERK AND RECORDER RANGE 84 WEST OF THE 6TH P.M. ,, STATE OF COLORADO FDUND RESAR AND YPC LS/9184 u TITLE CERTIFICATE THE UNDERSIGNED, A DULY AUTHORIZED REPRESENTATIVE OF A CORPORATE TITLE INSURER REGISTERED TO DO BUSINESS IN PITKIN COUNTY, COLORADO DOES HEREBY CERTIFY THAT THE PERSONS LISTED AS OWNERS ON THIS PLAT DO HOLD FEE SIMPLE TITLE TO THE WITHIN DESCRIBED REAL PROPERTY, FREE AND CLEAR OF ALL LIENS ON THIS PLAT ARE TRUE, EXCEPT THOSE LISTED ON THE OWNER'S CERTIFICATE. ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS PLAT ARE TRUE, THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE, NOR AN OPINION OF TITLE, NOR A GUARANTEE OF TITLE, AND IT IS UNDERSTOOD AND AGREED THAT PITKIN COUNTY TITLE, INC. NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER BASED ON ANY STATEMENT CONTAINED HEREIN. PITKIN COUNTY TITLE, PRESIDENT DATED: , 2002 PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. ASPEN, CO. 81611 STATE OF COLORADO } }Ss COUNTY OF PITKIN } THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 2002, BY MAUREEN KINNEY AND SCOTT HICKS, AS OWNERS. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES:__ NOTARY PUBLIC THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 2002, BY JOHN BARNES, PRESIDENT, HUNTER CREEK COMMONS CORPORATION, INC, A COLORADO CORPORATION. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES:_ _ NOTARY PUBLIC HIRED GUN SURVEYING LTD. P.O. BOX 9 SNOWMASS, COLORADO 81654 (970)923-2794 ❑ 30 60 i20 1 = 6 0' Notes - THE PURPOSE OF THIS SUBDIVISION EXEMPTION PLAT IS TO EXCHANGE EQUAL AMOUNTS OF LAND BETWEEN THE SUBJECT PROPERTIES. NO CHANGE TO THE PERMITTED FLOOR AREA OR MAXIMUM ALLOWABLE DENSITY OF EITHER PROPERTY IS BEING AUTHORIZED BY THE APPROVAL OF THIS SUBDIVISION. - THIS AMENDMENT TO THE LOT LINE OF LOT 1 OF THE SMUGGLER HUNTER TRUST SUBDIVISION IS NOT INTENDED TO ALTER THE FACT THAT THIS PROPERTY IS LISTED ON ASPEN'S INVENTORY OF HISTORIC STRUCTURES. IT IS ANTICIPATED THAT THE CITY WILL AMEND ITS RECORDS TO REFLECT THE NEW LEGAL DESCRIPTION OF THIS PROPERTY. BASIS OF BEARING: A BEARING OF S42147'24"E BETWEEN A FOUND BLM BRASS CAP, C1/4 SEC. 7, T10S, R84W AND A FOUND REBAR AND YPC LS#9184 FOUND AT THE N.E. PROPERTY CORNER OF LOT 1, SMUGGLER HUNTER TRUST SUBDIVISION AND SHOWN HEREON. AREA OF LOT LINE ADJUSTMENT DESIGNATED BY HATCHED PATTERN. - NOTE: THIS MAP IS INVALID AS A LEGAL DOCUMENT AND POSSESSION OR USE OF THIS MAP IS UNAUTHORIZED BY THE SURVEYOR UNLESS IT BEARS THE ORIGINAL SIGNATURE AND WET STAMP OF CARL R. CARMICHAEL PLS. DOCUMENTS PREPARED BY THE SURVEYOR AND WITHOUT A SIGNATURE AND WET STAMP ARE TO BE VIEWED AS PRELIMINARY AND ALL INFORMATION SHOWN THEREON IS SUBJECT TO CHANGE. CERTIFICATE OF OWNERSHIP KNOW BY ALL PERSONS BY THESE PRESENTS THAT MAUREEN KINNEY AND SCOTT HICKS, BEING THE RECORD OWNER OF LOT 1, SMUGGLER HUNTER TRUST SUBDIVISION, PITKIN COUNTY, COLORADO, AND JOHN BARNES, BEING PRESIDENT OF THE HUNTER CREEK COMMONS CORPORATION, INC., A COLORADO CORPORATION, DO HEREBY RESUBDIVIDE AND REPLAT SAID REAL PROPERTY AS SHOWN HEREON UNDER THE NAME AND STYLE OF KINNEY/HICKS-HUNTER CREEK COMMONS CORPORATION, INC. SUBDIVISION EXEMPTION PLAT, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. EXECUTED THIS DAY OF , 2002. MAUREEN KINNEY, OWNER SCOTT A. HICKS, OWNER JOHN BARNES, PRESIDENT HUNTER CREEK COMMONS CORPORATION, INC. STATE OF COLORADO } }SS COUNTY OF PITKIN } THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS , 2002. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES NOTARY PUBLIC SURVEYOR'S CERTIFICATE DAY OF I, CARL R. CARMICHAEL, REGISTERED LAND SURVEYOR, DO HEREBY CERTIFY THAT I HAVE PREPARED THIS SUBDIVISION EXEMPTION PLAT OF KINNEY-HICKS/HUNTER CREEK CONDOMINIUMS. 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 THOSE STAKED ON THE GROUND. IN WITNESS THEREOF, I HAVE SET MAY HAND AND SEAL THIS _ DAY OF _ 2002. CARL R. CARMICHAEL P.L.S. 24303 DATE SURVEYED: 08/28/02 DATE DRAFTED: 09/24/02 REVISED: DATA FILE NAME: 0207149 DRAWN BY: M.L.