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Home My WebLink AboutLanduse Case.CO.1243 E Cooper Ave.A098-02 f", 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 /' t) A098-02 2737-181-40001 1243&1245 E Cooper Duplex Condominiumization 1243 & 1245 E, Cooper James Lindt Condominiumization RK Land & Cattle Co Milland J Zimet, P,C, 1/27/03 Plat Recorded 1/30103 J, Lindt t"'\, 01c>+ ~eeerrt\C)LIl if-q7?-?f 4-? ,."" 01 jv"l ) L /I' "",I,.> Obtain a lelter of consent from the propelty owner to the west to allow for the S v",f" )el!2..ClJhat encroaches onto his/her property to be maint.'lined. In addition, pleasc7 t obtain II letter of consent from the utility agency in which the 10" underground { _~ utility easement benefits to allow for the encroaching fence to be maintained. , Alternatively, if the cagement language allows for such an encroachment, please 2 jJ provide said language at the time of submitting mylar copies f(lr signature. -.... A eJ'\{ 1:)0 ey SlAuloa.cucUJ ~v(ce DEC-06-2002 FRI 12:19 PM ~ FAX NO, o MEMORANDUM To: Millard J. Zimet From: James Lindt, Planner '0 L_ Dnte: December 4, 2002 Re: 1243 & 1245 E. Cooper Condominium Map- Community Development Department's Comments Please make the fOllowing amendments to the draft 1243 & 1245 E. Cooper Condominium Map, oj,<. I. ok 2, 3. '; Include a purpose statement on the plat similar to the purpose Slatement included in YOllr caver letter dated November 22, 2002, On Sheet 2, label the parking spaces that are limited common element as being designated for the ADUs as is consistent with approved site plan. 4, Please provide language that allows for the stone planter and pm'king area to be located on the 15' )( 25' Utility Line Easement that benefits TCL Alternatively, ple'lse provide a lcUer of consent from TCI for the stone planter and parking area to be located 011 said easement. ''I- 0. 5. Obtain all signatures with the exception of the City Community Development Director, Community Development Engineer, and Pitkin County Clerk and Recorder prior to submitting mylars to Community Development Department. P. 02 t') f'"'\ 130 S, Galena SI. AspenC081611 (970) 920-:;090 (970) 920-5439, fax Aspen Community Development Department Fax To: Millard J,Zimet From: James Lindt Fax: 925-9265 Pages: Phone: Date: 12/5/02 Re: 1243 & 1245 E. Cooper Condo Map CC: o Urgent o For Review o Please Comment 0 Please Reply o Please Recycle . Comments: Hi Millard, Please have the attached changes made to the condo plat prior to submitting 2 mylar copies for signature, Please let me know if you have any questions or concems about the required changes, Thanks, "" 1) MEMORANDUM To: Millard J. Zimet From: James Lindt, Planner "0 L Date: December 4, 2002 Re: 1243 & 1245 E. Cooper Condomininm Map- Commnnity Development Department's Comments Please make the following amendments to the draft 1243 & 1245 E, Cooper Condominium Map, I, Include a purpose statement on the plat similar to the purpose statement included in your cover letter dated November 22, 2002, 2, On Sheet 2, label the parking spaces that are limited common element as being designated for the ADU s as is consistent with approved site plan, 3, Obtain a letter of consent from the property owner to the west to allow for the fence that encroaches onto his/her property to be maintained, In addition, please obtain a letter of consent from the utility agency in which the 10" underground utility easement benefits to allow for the encroaching fence to be maintained, Alternatively, if the easement language allows for such an encroachment, please provide said language at the time of submitting mylar copies for signature, 4, Please provide language that allows for the stone planter and parking area to be located on the 15' x 25' Utility Line Easement that benefits TCL Alternatively, please provide a letter of consent from TCI for the stone planter and parking area to be located on said easement. 5, Obtain all signatures with the exception of the City Community Development Director, Community Development Engineer, and Pitkin County Clerk and Recorder prior to submitting mylars to Community Development Department. 12/66/2662 16:18 976-925-~ MILLARD J ZIMET PC r'\ PAGE al/04 The t.aw Om~es of Millard J. Zimet, P.C. 604 WestMain Street Aspen, CO 81611 Tel: (970) 925-9009 Fax: (970) 925-9265 millard@sopris.net FAX COVER SImET December 6, 2002 To: James Lindt Fax #: (970) 920-5439 From: Millard Zimet Re: RK LAND & CATTLE COMPANY 11245 East Cooper Condominiumization Application Message: James - Please find enclosed a copy of the Easement Agreement between, TCl and RK Land & Cattle. Please see paragraph 6, on page 2, as I think it addresses point #4 of your letter dated today. Tb.anks, MZ Pages: 4 Total (including this cover sheet) CONFIDENtIALITY NOTICE: This fax is intended only for the above-named recipient. If YOll receive this fax in error, please destroy it immediately and notify this law firm. Thank you for your cooperation. 12/06/2002 16:18 .;8 &Iiii;!i ="'1 lIiE il~ :::::::I tD .'i ......:1. II,: -~I ....~ iiI IE .!l0'l ~i:~ 970-925-9li\ , , MILLARD J ZIMET PC ,I} PAGE 02/04 I " ~ t.~. - - BASBMENT AGlmEMENT THIS BASEMENT AGREEMENT is entered ink) as of AIlgIISt 25, ZOOO,by and between RK LAND '" CATTLE COMPAl\lY. LLC, A COLORADO mu:rED LIABILITY COMPANY1 ~"Orantor"). and Tel OF NOR'FBERNNEW JERSEY. whose addressis~J M8C. I'Of(N) ~d, ("Opetalol:"). THE PARTIES HERETO AGREE AS FOLLOWS: 1. Grlmt ..r l1.............t For valuable consideration, the receipt and sufDoicncy of which are hereby acknowledged, Grantor hereby grants to Operator, its SUceessors and assigns, an imvocsble, uou-escIu.ivci ...._t in gross to the Propmy (8lI t1M;ned in. section 2) for the installationl maintenmce, operation, ~ovaI and repair of uudergrouud uttUty llIIes Iud ellbl.. or other similar. uuderp'ouud m:ilili/:$, ineludln8, withont limitation, amplifiers and other electronic equipment (the "F!lCilities''). Grantor hereby apt. that the l"acilities lIhsll remain the property of'Open.tor, removable at Operator's option. The easomellt shall include the right to enter the Property for installation, maintenallce, open.tion and removal of the Facilities during nonnal worIcing bours. However, such ri&ht to alter e.haI1 extend to any lime. day r night. whete Operator detemUllCS that the maintenllllce, repair. operation or removal cannot wait until normal working hours. G:nmtor warrants that he has title to the Property and that Operator sball have pes.:eable enjoyment ofsuch easl!llll.ent. 2. Pmu~. Granto!."s property (the "Property") is situated in the City of Aspea (the "Conununity"), County ofPilkin. Slate of Colorado, street addre.$ of 1245 BUt Cooper, Aspen, Colorado. 81611, and a legal description iii set forth Oil Exhibit A attached hereto and made a part hereof. 3. Rtp,ak. Openltor shall repair to the reasonable satisfadion ofGtantor 811)' sttucture, fence, paving. landscapinll or other part of the lllopetty which is altered or damaged. ducing the installation. maintenance, tllpIlir or removal of the Pacilities in the easlllllel1t. 4. AAAilP'ment. Operator may assign this Easement Agreeuumt to any entity or individual that is a s~or to Operator as a cable television franchisee in the Community. No a4ditional consent to such lISlIignmllllt is required from Grantor S. Imn. This Easemllll~ Agreement shall remain in full foroe 8ZId effect for so long as Operator (or its successors-in:i1I~.,.est) holds a csble television franchise In .tho Community. The grant of lhis easement Is 1D eoa8tdentiou of the provision of clble televlsloueervice to the PJoperty (at rata typfeaDy dlarged iu tile COmnmutty). Non-use or a limited use of ~his easl!llll.ent shall not prevent Operator &am ISler making full use of the easement. This Easement Agreement may bc tcrminatr:d aad abaodOlled by Operator upon the giving of 60 days' prior written notice to Gnntor and the removing of the: Faeilitie:s from the Property. Upon such termination and removal, Operator shsll record snch documents as are necessary to abandon the easement. ~~~_~d: l~ cl-.w. ~ ~ I 4j t)L. ~:l\ _J If~ ~.A,.,.. J. ~~"~l J-. C.d 11,z.., 12/06/2002 16:18 970-925-9~ I " MILLARD J ZIMET PC .1'..' t~j'~I" ~ PAGE 03/04 -, - 6. Non-TfttM'f'erf!n",,- Qran1:or, for bimBelf, his heln. sucoesllOrB and II88ign&, covenants thai the ~erty shall not, be u~ll!1 in,!IIY m~lll' which might interfere with or da.maie the Facilities, or which might ltrterfere with the IlIlIintenllllJ:e, operation or removal of tho F8l.lilities. Tllil provllioJlllhallllot prollBlit Grator from blltallllll fenclnlo pa"Vi1Ig or IaDdscaplac- 7. B...t!inD:. Tm: provisiODll of and covenants contained in this easement lIhalllUll wi1h the land and sbal1 bind and. inIue 10 tho belleDt of the respective successors--in-intereBt of tho parties hereto. 8. 'R............non Upon completion of the installation of the Facilities 011 the Property, 0petaI0r may record this Basemlllll Aan:emc:nt in the real proparty records of the county where the Property is located. 9. Ft,""... n""-,.....,.,,...Granlor will exOC1,1te any and all f\Irtber documents which ()peI:ator reallOllably requests to 888_ to Operator the ri8blll granted in this easement. The parties have executed this E_llll1 Agreement as of the date first written above, RK Land and. Cattle Company, LLC A Colorado Limited :Liability ColnpIDY By. ~~ ~ ~ . Brandl, )&nager OPERATOR: TCI of Northern New Jmey GRANl'OR: :.~ irE:: or Print: , ~br STATE OF COLORADO ) ) lB. COuNTY OF 9-A&.',Jl:" ) The foregolni Bll8ement Apeemmt was acknowledged before me this ~ ~ of Q ,~..&.,.. . WOO, by Charles T. Brandt, as Manager erRK Land and Cl!ltt1e, LLC II Celomlo Limited Liability Company. ' ~J..JI/"~UIL~III~.II~I" l't~111 2 of 3 It 11." D.... M ....'ITlCIN COUNTY CO Witness my ~~'oftici8l seal, I MYCOlUJll~f,hKp~./,/{'J."'!~ /J ',Fe: ,,'1'\< ~2:f:L..,..{ij.~~ \!,' (, " ',', C,J , Netaty Public I", .... .,.~.rr " " "It .(~~',:.:~.:_(~' <'. "'C""n,'" 1.1. 12/06/2002 16:18 970-925-9~ I'" MILLARD J ZIMET PC .,.. I"""\. , PAGE 04/04 - -- EXBdI1' A TO EASEMENT AGREEMENT T MAt. nRCl("RTP'MnN, " .~.I ~j' AD easement for utility purposes lying within a pargel of \and described in that certain Quiet Title Decree recorded Aupt 22. 1997 .. Reception No. 407SS611fthe Pitkin County records. depicted on the msp below. and mQre partilllllarly descn'be4 as follows: Beg/tmlng at the molt Dllrtherly com<< of'the parcel ofland described in.wli Quiet Title D_. IlWkecl with a tehar ~ eap, L.S. 20151. said point also being llI'I.llI1g1e point on the easterly line of Lot 1, Buckwheat Subdivision. thence S 00" 16' 00" E 68.51 feet to the POINT OF BEGINNING. Thence N 89" 44' 00" W 25.00 feet alon8 a southerly line of said Quiet Title parcel. thence N 00" 16' 00" W 15.00 feet; thence S 89" 44' 00" W 25.00 feet; thence S 00" 16' 00" B 15.00 feet to the Point ofBeclnnlni; COlUlty of Pitkin, State of Colorado. ~....-r:t I I ~~, , It OUIE.t TI'f!~ PA~CItt.. _'_I~ ~' l.er.2II'e1 I ' I I I .I~ II! I Ibs _..JI ==;; _.. -5z . iil~ II. - . iiii5i5t- ...; .lilosi _I.. il5~ _:::11 .=- !!!5!!'" -'I =l'I u ~ . ~ . ~ . ... '~ I ~i ' ."U"'-r 25ft. u'i'!UTY ~1!1oIT ;, ~ . . . , :!.::;.' (...\ 'Co ',/ r\ The Law Offices of Millard J. Zimet, P.C. 604 West Main Street Aspen, CO 81611 Tel: (970) 925-9009 Fax: (970) 925-9265 millard@sopris.net ~ovember22,2002 Scott Woodford City of Aspen Community Development Department 130 South Galena Aspen, CO 81611 Re: 1243 & 1245 East Cooper Duplex Condominiumization Dear Scott: I represent RK Land & Cattle Company, LLC, a Colorado limited liability company (the "Applicant"), I am the Manager of the Applicant, and, for purposes of this application, please also consider me to be the representative of the Applicant. The Applicant is the sole owner of the real property that is legally described in the proof of ownership prepared by Stewart Title that is included in this package (the "Property"), which Property is located entirely within the City of Aspen, The street addresses of the Property are 1243 & 1245 East Cooper, Aspen, CO 81611. The Applicant has constructed a duplex residential project on the Property. The purpose of this application is to condominiumize that duplex and to create two separate legal parcels of real property. The condominium is to be known as "Ute East Residences". Please find enclosed a copy of the "Pre-Application Conference Summary" document that you faxed to me on or about September 11,2002, I have tried to follow that document in preparing this application, Accordingly, the Applicant offers the following responses to the numbered items listed on that Summary: I. Please find enclosed a total deposit of $460, 2, Please find enclosed a proof of ownership, prepared by Stewart Title, 3. Please accept this letter as setting forth the Applicant's name, address, and telephone number, as well as the name, address and telephone number of the Applicant's representative, 4. Please accept this letter as providing a summary of the Applicant's request to condominiumize the subject residential duplex, The standards from the City's land use code pertaining to Condominiumization (926.480,090) are addressed (a) by providing the general '" , f""\ Scott Woodford November 22, 2002 Page 2 of2 application information as set forth in that Section and in the enclosed Summary; and (b) in the enclosed proposed plat, prepared by David McBride of Aspen Survey Engineers, Inc, 5, Please fmd enclosed an 8 1/2" by II" vicinity map locating the parcel within the City of Aspen. 6, There is no old (existing) plat. 7. Please find enclosed a fonn of proposed plat, prepared by David McBride of Aspen Survey Engineers, Inc. 8. Please find enclosed copies of two (2) prior approvals previously granted pertaining to the Property, specifically: (a) Accessory Dwelling Unit Deed Restriction, dated April 5, 2000, and recorded May 30, 2000, at Reception No. 443717, by and between the Applicant and the Aspen/Pitkin County Housing Authority; and (b) Accessory Dwelling Unit Deed Restriction, dated June 9th 2000, and recorded July 17,2000, at Reception No, 445162, by and between the Applicant and the Aspen/Pitkin County Housing Authority, These two approvals pertain to the construction of an "ADU" in each of the two duplex units. 9, As per requirement #9 of the summary, this application packet contains two (2) copies of items 2-8, I would be grateful if you would please review this application for completeness, and contact me immediately if there are any missing or incomplete items, Please do not hesitate to contact me if you have any questions regarding any of the foregoing, and I look forward to working with you on this application. Very truly yours, NITLLAJU)J.Z~, T,~C,~ BY:~ .../ ? ill , Z~ ----- Enclosures SEp.19.2002 4:27PM STEWART TITLE ASPEN 1"'\ SClmDtlI..E A NO. 931 P.2/9 l"'" Order Number: 00030364 1. Effective date: Saptember 03, 2002 at "30 A.M. 2, Policy or Policies to be issued: (a) A.L,T.A. Owner's (Standard) Proposed Insured: TO BE DE:cElUflNED Amount of Insurance $ ~BD (b) A.L,T.A. Mortgagee's $ Proposed Insured: (c) Leasehold $ Proposed Insured: 3. The estate or interest in theland described or referred to in this Commitment and covered herein is fae Simple 4. Title to the fee simple estate or interest in said land is at the effective date bereof vested in; Rlt I.~ l< CA~I.E cOMPANY, u.c, A COLORADO Lnl:r~El> I.:rABrLI~Y COMPANY 5. The land referred to in this Commitment is described as follows: see Attached Legal Description STATEMENt OF CHARGES These charge. are due and payable before a Policy can be issued. ~O BE l>E~ERMrJlED OF ASPEN, INC. 0, SI6Il - Authorized CotlnrersigtlalUre - Chuck Dom Receivea Time Sep,19, 3:57PM SEF.'.19,2002 4:27PM STEWART TITLE ASPEN n ,..".,..., SCHEt5ULE :B Section 1 NO.931 P.3/9 f) Order Number: 00030364 REQUIREMENTS The following are therequirements to be complied with: Item (a) Payment to or for the aCCOunt of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instnunent(s) creating the estate or interest to be insured must be exectued and duly,fiJed for record, to'wit: 1. Deed from vested owner, vestin~ tee simple title in purchaser(s). 2. Evidence satisfactory to StawartTitle Guaranty Company, furnished by the Office of the Director of Finance, City of Aspen, t~at the followin~ taxes have been paid, or that conveyance is exempt from said taxeSl (1) :!:he "Wheeler Real Estate :!lrll!\sfer :!lax" pursuant to ordinance No. 20 (SeJ:'ies'of 1979) and (2) The "Rousing Real Estate :!lJ:'ansfer :!lax" pursuant to Ordinance No. 13 (Series of 1990). 3. Certifioate from the Homeowners ASSOciation eVidencing the fact that all expens8S have been paid. 4. A. Certifioate of non-foreign status, duly executed by the sel1er(8), pursuant to Seotian 1445 of the Internal Revenue Code AND B. Satisfactory evidence of the seller(s) COlorado residency (or inoorporation) pursuant to Colorado House Bill 92-1270. NOTE: SectiOn 1445 of the Internal Revenue Code requires withbolding of tllX from salas prooeeds if the transferor (sel1e~) is a fo~eign person Or entity. Colorado House Bill 92-1270 may require withhQldin~ of tax from sales proceeds if the selle~(B) i8 not a ColQ~ado resiaent. Detailea information and Forms a~e aVllilable from Stewart ~itle. Receivea Time Sep, 19, 3:57PM SEP.19.2002 4:27PM STEWART TITLE ASPEN ~ SClIEDVl.E B , Section 2 NO.931 P,4/9 ,.....,. ~ ;J Order Number: 00030364 EXCEPTIONS The policy ar pOlicies to be issued will contain exceptions to the fOllowing unless the same are disposed of to llIe satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by llIe public records, 2. Easements, or claims of easemllnts, not shawn by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by llIe 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, Tltst appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights claims or title to water, 7. Any and all unpaid tax~$ and aSSessments and any unr~deemed tax sales. , 8. ~he effact of inclusions in any general or speoifiC water conservancy, fire protection, soil conservation or other district or inclusion in any water service or stree~ improvement are~. 9. Right of the proprietor of a vein or lode to extraot and remove his ore the~efrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent reoorded Pecember 11, 1911 in Book 55 at Page 196 as Reoeption NO. 75121. 10. Any vein Or lode of q~artz Or other rock iu place baaring gold, cinnabar, lead, tin, copper, Qr other valuable deposit Claimed or exist On March 23, 1885, as reserved by Patent reCorded June 17, Book 175 at page 246. silver, known to 1949 in 11. ltights of way for pipelines, polelines, roads, ditch..s, or oth~rwis.., as reserved by instrument reoorded ~ebruary 15, 1952 in Book 175 at Page 584. 12. ~erms, conditions and obligations as set forth in Contract for Water Service recorded September 29, 1966 in Dook 223 at Page 131. 13. ~erms, conditions and obligations as Set forth in Subdivision Improvement Agreement reoorded July 20, 1979 in Book 373 at page 55. 14. ~erms, conditions and Obligations as set forth in Agreement dated July 13, 1979, recorded July 13, 1980 in Book 383 at Page 660. 15. Easements, conditions Buckwheat Subdivision and restrictions recorded July 20, as Set forth On the Plat of 1979 in Plat Book S at Page 23 as Continued on next page Receivea Time Sep, 19, 3:57PM SEP.19.2002 4:27PM STEWART TITLE ASPEN .'" NO.931 P,5/9 t") Con~in~ation of Scbedule B ~ Sec~ion 2 Order Number: 00030364 Reception No. 21653B. 16. ~y portions of P~rcel II described herein lyin~ outside of ~he boundary lines of that percel of land described in the Decree filed in Pi~kin County District Court Case No. 92CV140, recorded Pebruary 2, 1993 in Book 702 at Page 563 as Reception No. 353572. 17. Terms, condi~ion~, obliga~ions and provisions of AcceSsory Dwelling Unit Deed Restriction Pursu~t to Section 26.520 of the City of Aspen Municipal Code as Set forth in instrument recorded July 17, 2000 as Reception No. 445162. lB. Terms, condi~ions, obliga~ions, provisions and easemen~s of Easement Agreemen~ by and be~ween ax Land & Cattle Company, LLC, a Colorado limi~ed liability company and TCI Northern New Jersey as set forth in instrument recorded September 12, 2000 as Reception No. 446919. 19. Terms, conditions, obligations and provisions of Trench, Conduit, and vault Agreement between ax Land & Cattle Company, ute, a Colorado limited liability company and Holy Cross Energy, a Colorado corporation as se~ forth in instrument recorded July 3, 2002 as Reception No, 469447. 20. Terms, conditions, obligetions, provisions and easement. of Shared Wa~er servipe Line Agreement by and between RX Land & Cattle COlllpany, LLC and Aspen Edge Condominium Association as set fOrth in instrumen~ recorded November 13, 2000 as Recep~ion No. 448747. NOTE: Provided that S~ewart Title of Aspen, Inc. records the documents of conveyanCe in the proposed transaction the status of ~itle will be updated from the time of this commitment to the time of said recording. If said update reveals intervening liens Or changes in the status of said title appropriate action(s) will be taken to disclose or eliminate said change priOr to the recording of said documents. If said update reveals no intervening liens or Changes in the status of title, Exception No. 5 above will be deleted. NOTE, Policies issued hereunder will be Subject to exclusions set forth in ~he ALTA 1992 Policy form. Policy ~acket, setting forth said terms, conditions made available upon request. the terms, eondi~ions, an4 Copies of the 1992 form and exclusions, will be Receivea Time Sep, 19, 3:57PM SEP.19.2002 4:28PM STEWART TITLE ASPEN 1""1 " . " SCHEDULE: A NO.931 P.6/9 rl Order Number: 00030364 LEGAL DESCRIPTION PARCEL I: Lot 1, BUCKWHE~ SUBPIVISION, according to tbe Plat thereof recorded July 20, 1979 in Plat Book 8 at Page 23 as Reception No. 216538. PARCEL II. A PARCEL OF ~AND SI~UA~ED IN SEC~ION 18, TOWNSHIP 10 SO~H, RANGE 84 WES~ OF THE 6~H P.M., PITKIN COtlN!l!y, CO~ORADO, BEING MO!Ui: FULLY DESCRIBED AS FOLLOWS: BEGINNING A~ THE NORTHEAST MIlNER OF LO~ 1, BUCKWlIEA~ SUBDIVISION As SHOWN ON PLA~ '!Ui:COROED IN PLA~BooK 8 A~ PAGE 23, PI~KIN COtlN!l!Y RECORDS; 1'HENCE: N 00015'36" E 7.62 FEE~; 1'lmNCE: 34.80 I'EE1' l\LONG !l!fIE ARC OF II ctlRl/E !l!0 ~HE LEPT HAVING A RAIlIUS OF 889.25 FEE~, ~HE CHORD OF WHICH CURVE BEARS N 45009'1'1" E 34.80 FEET TO A POINT ON THE SOU!I!BWESTERLY RIGH~ 01' WAY LINE OF COLORAllO STA~ HIGHWAY No. 82; THENCE FOLLOWING SAID RIGHT OF WAy 57.77 FEE!!! AtONG~BE ARC OFA CURVE TO THE RIGHT IIAVING A RADIUs OF 1407.50 FEET, TIlE.,Cll:ORJ) OF WHICH CURVE BEARS S 60038' 51" E 57. 77 FEE~ TO ~HJ!J Mos~ NOR~HERLY CORNER OF !L'!lE EAS~ COOPER AFPOROAB~E HOUSING SlJB!)IVISION' AS SHOWN OIl'PLAT Rl!;COR:bED IN PLA!i! BOOK 32A!I! PAGE 15, PI!rKIN COllN'rY IUi:COIl.DS; ~BENCE FOLLOWING :rHEJ NORTlrE1lLi" LINE OF SAID EAS!!! COOPER A1"FORDABLE HOIJSING SUBDIVISION 103.34 FEET l\LONG THE ARC OF A CURVE TO THE RIGUT HAVING A RAIlIUs OF 945.25 FEET TO AN ANGLE POIN1' ON :rHEJ EAST LINE 01" SAID BUCKWHEAT SIJBDIVISION; TBBlfCE N 00015'36" E 67.58 FEET l\LONG SAID EAST LINE TO :l'HE POINT OF BEGINNING. PARCEL III' A PARCEL OF LAND BEING BOUNDED ON !rIlE NORTH AND WES~ BY TilE BIJCKWHEA~ StlBDIVISION AS SHOWN ON TJlE pLAT IUi:CORDED IN PLA~ BOOK 8 A~ PAGE 23, ON ~HE SOU!l!H AND EAS~ BY ~HE EAST COOPER AFFORDABLE UOUSING SUBDIVISION AS SHOWN ON !rilE PLAT RECORDED IN PLAT BOOK 32 AT PAGE 15, AND ON THE! SOOTH BX PROPERn DESCRIBED IN BOOK 569 AT PAGE 156, PlftIN COtlN'.rY RECOlUlS, ALL BEING SI!I!UA!rED IN SEC~ION IS, XOWl'(SIUP 10 SOIJTH, RANGE 84 W!:ST OF :rHEJ 6TH P .K., PI~KIN COllN'rY, COLORAllo, AND BEING KORE FULLY DESCRIBED AS FOLLOWS, BEGINNING AT A POINT BEING AN ANGI.E POINT ON THE NORTI!WJ;;STElUir LINE OF SAID EAS!r COOPER AFF'OlUlAl3Lll: HOUSING SUBDIVISION, BEING ALSO AN ANGLE POINT ON THE EASTERLY LINE OF Lo~ 1 OF SAID BUCKWHEAT SUBDIVISION; ~HENCE S 00016'00" E 68.51 I!'l!lET AtONG A WESTERLY LINE OF SAID EAST COOPER AFFOrolABLE HOUSING SUBDIVISION; THENCE N 89.44'00" W 25.00 FEET ALONG A NORTH LINE OF SAID EAST COOPER AFFORDABLE HOUSING SIJ.BllIVISION; TllENCES 00016'00" E 18.78 FEET ~O !l!BE NORTHEAS!!! CORNER OF SAID PROPER1'Y Co~tinued on nex~ p~ge Received Time Sep, 19, 3:57PM SEP, 19,2002 4:28PM STEWART TITLE ASPEN .1"'\. NO.931 P.7/9 n Co~tinu~tion of Schedule A - ~Bgal Descriptio~ Order Number, 00030364 DESCRIl3E:D IN BOOK 569 A~P~GE 156; ~HEN.Cll: S 89'44'00" W 25.00 FEE~ ALONG !l:IIl!:NORm LINE OF SAID PROPl!lll.!I:Y DESCRIBED IN BOOKS&9 A~ PAGE 15& TO ~ SOUTB&AST CORNER 01" LO~ 1 OF SAZD aUCKWHEAT SUBDIVISZON; !I:IIENCE N OO'U'OO" E 42.17 FEET ALONG AN El\S!I: ~INE OF SAID LOT 1; TIIl!:NCE FOLLOWING l\ SOllTIIl!:ASTElU.Y LINE OF SAID ~OT 1 64.27 FEET ALONG Till!: ARC OF A CURV'E TO THE LEn HAVING A RADIUS OF 945.25 FEET, ~ CHORD OF WBIClI CURVE BEARS,N 51'18'40" E &4.26 FEET TO THE POINT OF BEGINNING. AL~ OF THE ABOVE PARCELS BEING SI!rUATED IN THE COUNTY OF PI1'KIN, S!l:ATE OF COLORADo Receivea Time Sep, 19, 3:57PM SEP.19.2002 4:28PM STEWAR~lTLE ASPEN II . A NO.931 P.8/9 DISCLOSURES Pursuant to C.R,S. 10-11-122, notice is h~reby given that: (A) (B) THE SUBJECT REAL PROPERTY MAY BE LOCATlID IN A SPECIAL TAXING DISTRICT; A CERTIFICATE OF TAXES PUE LIsTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTIIORIZED AGENT; INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAYBE OBTAINED FROM THE !lOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR. THECO'UNTY ASSESSOR.. (C) Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article Vn requires that "Every title entity shall be responsible for all matters Which' appear of record prior to the time of r~rding whenever the title entity conduc~ the clOSing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title of Aspen, Inc. conducts the closing of the ins\lred transaction and is responsible for recording tbe le~ documents frOIO the tr:msaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued, Note: Affirmative Mechanic's Lien Protection for th~ Owner may be available (typically by deletion of Exception No, 4 of Schedule B, Section 2 of the CommitlOOllt from tbe Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Scbedule A of this commitment must be a single family residence, which includes a condominium or townhoUScl unit. B. No labor or materials have been furnished by mechanics or materialmen for pUtposes of construction on the land described in Schedule A of this Commitment within the past 6 montlls. C. The Company lIlust receive an appropriate affidavit indemoifyjug the Company against unfiled ' mechanic's and materialmen's liens, D. The company mllSt receive payment of the appropriate premium, E. If there has been construction, improvements or major repairs undertaken on the property 1:0 be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will iuclude: dillClosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fuUy executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of tbe aforesaid information by !he Company, No coverage will be given under allY circumstances for labor or material for wbich the insured has contracted for or agreed to pay. NOTHlNG HEREIN CONTAINED WlLL, BE DEEMED TO OBUGATE THE. C01\1PANY TO PROVIDE 'ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FVI.,LY SATISFIED. Order No, 00030364 OJ''losu.... (VSDD) Rev, 10/99 Received Time Sep. 19. 3:57PM Il ,~ j NO. 931 P.9/9 SE~,19.2002 4:28PM STEWAR~,TLE ASPEN ~"--1 STEWART TITLE GUARANTY COMPANY Privacy Policy Notice PURPOSE OF TffiS NOTICE Title V of ~he Gramm-Leaoh-Bliley Aot (GLBA) generally prohibits aqy finanoial institution, directly Or through its affiliates, from sharing nonpublio personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, sllCh as the type of information tbat it coHecls about you lUld the categories of persons or entities to whom it m.1Y be disclosed. In cOIllpliance with the QLBA, we are providing you with tbis documen~, which notifies you ot' tbe privacy policies and practices of Slewart Title Gllaranty Company. We may collect nonpublic personal information about you from tbe following SOUtees: -- Information we receive from you, such as on applications or o~her fonns, -. Information about your transactions we secure from our files, or from our affiliates Or others. - InfotlMtion we receive from a consumer reporting agency. .. Infonnation tllal we receive froln o~hers involved in your transaction, such as ~he real eslate allent or lender, Unless it is specifically slated otherwise in lUl amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you, We may disclose any of ~he above infonnl\tion that we coIlec~ about our customers or fonner customers to our affiliates or to nOIlafflliatec1 third parties as permitted by law. We .lso may disclose thi. information about OUr CUSlomers Or former customers to Ibe following types of nonaffiliated companies that perform marketing services On our behalf or with whom we have joint marketing agretlDlents: Financial service providers such.. cOIIlpllnies eQgaged in banking, consumer finlUlce, securities SIld insunmce, - Non-financial companies such as envelope stuffers and other fulfilhnoot service providers. WE DO NOT DISCLOSE ANY NONPUBUC PERSONAL INFORMATION ABOUT yOU WITH ANYON'E FOR ANY PURPOSE THAT IS NOT SPIlCIFICAtL.... PIlRMITTED BY LAW. We restrict access to nonpublic personal information about you ~o those employees who need 10 know lbat information in order to provide products or serviO<lsto you, We maintain physical. electronic, and procedural saf.guards that comply with federal regulations ~o guard your nonpublic personal information, F1lo No. 00030364 S(.ewnrt TItle Qr A$lltll1.1n", J"rlvAC)' ~Iey Nottc/l Q'A~o t) Ilw, 07~tR'e celv"e d Tim e S e P , 1 9 ' 3 : 57 P M !: ... .~ . "'. . APR. S.2000 8:3SA/1 ~I HOUSING OF"C ~ NO.239 P.2 , ~.. ACCESSORY DWEWNGUNIT DEED RESTRICTION PURSUANT TO SECTION 21.620 OF THE CITY OF ASPEN MUNICIPAL CODE THIS ACCESSORY DWELLING UNIT DeeD RESTRICTION Is made and entered Into this 5~ day of ~ri l . 2000, by RK Land and Cattle Company LLC ("Owner") for itself, Its successors and 888lgns, for the benefit of the City of Aspen, Colorado, a municipal COrporallon, and the AspenIPltkln County Housing Authority, a multf.ju/18dlct!onal housing authority established. pursuant to the AMENDED AND RESTATED INTER-GOVERNMENTAl AGREEMENT recorded In Book 605 at Page 751 of the records of the Pitkin County Clerk and Recorder's Offlce ("Authorlty"). WHeREAS, Owner owns that parcel of real property located at 1245 East Cooper Avenue, in the City of Aspen. County of Pitkin, Colorado, more speclftcally descrlbed in Exhibit "A" attached, upon Which Is situate a free-market clwellIng unit. Which will contain' a one-beclroom, :35~. t, net liveable aquare foot accessory dwelling unit ("Unit"); and WHEREAS, Owner agrees to accept and impose certain conditions on Its use and occupancy of the Unit as an accessory dwelling unit under the Aspen Municipal COd.. NOW, THEREFORE, in conslcleratlon of the mutual promises and obligations contained Where. the Owner hereby covenants and agrees 88 follows: 1. The Unit a8 identified hereinabove shall not be condomlnlumlze4 and, If rented, shall be rented only in accordance WIth the gUidelines as adopted and 8S may be amended from time to time by the Authority goveming Rreslclent-occupiedR dwelling units. 2. Owner need not rent the UnIt; however, When rented, only qualltlec/ resldenta, 88 defined in the Housing Guidelines, shell realcle therein and all rental terms shall be for a period of not leu than six (6) consecutive months. Owner shaH maintain the right to select the qualltled reaident of Its own choosing when renting the Unit. An executed copy of all leases for the Unit shall be submitted to the Authority within ten (10) days of the approval of a qualified reslclent 3. The covenants and limitations of this deed l'8ltrictlon shall run with and be binding on the land for the benefit of the CIty of Aspen and the Authority, either of Whom may enforce the provisions thereof through any proceedings at law or in equity, including eviction of non-complylng tenants. 4. It Is understoocl and agreed by the OWner that no waiver of a breach of any term or condition as contained In this deed l'881:rlctIon shall be constNed to be a waiver of 1,!~!~leIIJIIII 11111 111111111 '1111111111111111111111 1 0' ! " ~:~,~ee~2Z"e~p~~I~A~~:L~~ APR, S.2OOe e,:asAM AS0nousING OF'C ~ , NO,239 P.3 , , " any breach of the same or other term or condition, nor shall failure to enforce any , one of the terms or conditions, either by forfeiture or otheJWise. be construed 88 a waiver of any term or condition, IN WITNESS HI!REOF, OWner hIS placed lis duly authorized signature hereto on the date as described above. OWNER: By: , RK Land end Cattle mpany l.L Mailing Address: ,e 10 A \~ C(. 1),- J\s. .L /0, ~l "5 ~, Y'AO~ -. '/ S~i<-- {Of STATE OF COUNTY OF ) ) ) ss. ~ The foregoIng Instrument' was ackn~edged ~ me this L g ,2000, by 'oM&. .JA-JJ RK nd and Cattle Co~any LLC ~Wf of , for the My CommJaaion expllV8: / d.- q - c5(t'Jm Date \,\\'I"'1J11'!I'~f .,1\ c-"\C:l..,:' "." '~'I) .,.... ~,' ", . ~..- ". v :- () ..... ..... '-:4.' " ... '~\lal' ". ~ ~ t! '("/ ...~. ;~., '""-<>~-: :lo\-(,Ylt'OI~ /., , '~'.>".. . t..... ....:..0.: ...-:-;...p,.,.... ..' I " '.' ."...... ........ J ',I .,:..)."',-..... . 'J//.~ ..:.. " ", WITNESS MY hand and otIIcIal seal, Ut'KI~~II~!!IIIII!1I1111111111111111111111111111 2 0' 5 R 25.. D'.~2~.~Dp~I:Il~~LX~ 2 ,"PR. 5.2000 e:35I'IM J'lS~HOUSING OF'C ~ '" NO. 239 P.4 ,-. . ACCEPTANCE BY THE HOUSING AUTHORITY The foregoing agreement and Ita tenns are accepted by the Aspen/Pitkin County Housing Authority. THE ASPENlPITKlN COUNTY HOUSING AUTHORITY B~~~~-A~ MaiDng Addreas: 530 East Main Street, Suite 001 Aspen, CO 81611 STATE OF COLORADO ) ) sa. COUNTY OF PITKIN ) v.1n The foregoing instrument W88 acknowledged before me this ~ day of ,.fi I 2000, by Jacquelyn A. Kasabach. , WITNESS MY hand and official seal. My Commission expires: "1 ' )-,) - 00 'Ito-ml'rldu.dr ~ ltt~!~IU~!I~IlIIU!I~llUJJlmll~D!11 J~l~1I 3 ., !lit 2!I.N D e.1e N e.N PITkIN COUNTY co 3 l:~ ~ I") ~ . ,,,. SCHEDULE A Order Number: 00023747 LEGAL DESCRlP110N PARCBL I' Lot 1, BUCKflHEM SUBDIVISION, according to the Plat thereof recorded July 20, 1979 in Plat Book 8 at Page 23 as Roception No. 216538. PARCEL II' A PARCEL OF LAND SITUATED IN SECTION 18, '1'OIINSHIP 10 SOUTH, RANGE 84 WEST OF THE 6'!'H P./f., PITKIN COUN'1'l', COLORADO, BEING /fORE FULLl' DESCRIBED AS FOLLOWs: BEGINNING M THE N01l.'1'HEAS'1' COiWEROF LoT 1, BUCKflHBM SUBDIVISION AS SHOWN ON PLAT RECORDED IN PLAT BOOK 8 M PAGE 23, PITKIN COUN'1'l' RECORDS; THENCE N 00015'36" E 7.62 FBB'1'; '!'HENCE 34.80 FEET ALONG THE ARC OF A CURVE 2'0 THE LEFT HAVING A RADIUS OF 889.25 FEET, THE CHORD OF WHICH CURVE BEARS N 45.09'19" E 34.80 FEET 2'0 A POINT ON THE SOU'1'1IIiESTERLr RIGH'.!.' OF WAl' LINE OF COLORADO STME HIGHWAr NO. 82; THENCE FOLLOWING SAID RIGHT OF WAr 57.77 FEET ALONG THE ARC OF A CURVE 2'0 THE RIGHT HAVING A RADIUS OF 1107.50 FEB'1', THE CHORD OF WHICH CURVE BEARS S 60038 '51" E 57.77 FEET 2'0 THB 1I0S'1' NOR'!'HERLr CORNER OF THE EAST COOPER AFFORDABLE HOUSING SUBDIVISION AS SHOWN ON PLAT RECORDED IN PLM BOOK 32 AT PAGE 15, PITKIN COUNTr RECORDS; THENCE FOLLOWING THE NORTHBRLrLINE OF SAID EAST COOPER AFFORDABLE HOUSING SUBDIVISION 103.34 FEET ALONG THE ARC OF A CURVE 2'0 THE RIGHT HAVING A RADIUS OF 945.25 FEET 2'0 AN ANGLE POINT ON THE EAST LINE OF SAID BUCKliHEM SUBDIVISION; THENCE N 00015'36" E 67.58 FEET ALONG SAID EAST LINE 2'0 THE POINT OF BEGINNING. PARCEL III: A PARCEL OF LAND BEING BOUNDED ON THE NORTH AND WEST Br THE BUCKliHEAT SUBDIVISION AS SHOWN ON THE PLM RECORDED IN PLAT BOOK B M PAGE 23, ON THE SOUTH AND EAST Br THE EAST COOPBR AFFORDABLE HOUSING SUBDIVISION AS SHOWN ON THE PLAT RECORDED IN PLAT BOOK 32 AT PAGE 15, AND ON THE SOUTH Bl' PROPB1l'1'l'DESCRIBED IN BOOK 569 M PAGE 156, PITKIN COUNTl' RECORDS, ALL BEING SITUATED IN SEC'1'ION 18, 2'OWNsHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH 1'.11., PI'1'KIN COUN'1'l', COLORADO, AND BEING /fORE PULLl' DESCRIBED AS FOLLOWS: BEGINNING AT A POINT BEING AN ANGLE POINT ON THE NOR'1'HIfES'1'ERLl' LINE OF SAID EAST COOPER AFFORDABLE HOUSING SUBDIVISION, BEING ALSO AN ANGLE POINT ON THE EAS'1'ERLl' LINE OF LOT 1 OF SAID BUCKliHBAT SUBDIVISION; THENCE S 00016'00" E 6B.51 FEET ALONG A WES'1'ERLl' LINE OF SAID BAST COOPB1I. AFFORDABLE HOUSING SUBDIVISION; THENCE N 89044'00" W 25.00 FEET ALONG A NORTH LINE OF SAID EAST COOPER AFFORDABLE HOUSING SUBDIVISION; THENCE S 00016'00" E IB.78 FEET 2'0 THE NORTHEAST CORNER OF SAID PROPER'1'l' Continued on next page 1/111111111I 1111I111111111111111111I11111I1111I 1111I11I 443717 05/30/2081 0e:21A DEED ftES DAVIS SILVI 4 ., 5 R 25.80 D e.ee N e.ee PITkIN COUNTY CO -, . ~ ^ , ~ Continuation or Schedule A - Legal Description Order NUlllber: 0002 J 747 DESCRIBED IN BOOK 569 AT PAGE 156, ~HENCE S 89011 '00. fi 25 .00 FEE~ ALONG ~HE NOR~H LINE OF SAID PR01'~r DESCRIBED IN BOOK 569 AT PAGE 156 2'0 THE SOUTHEAST CORNER OF LOT 1 OF SAID BUCJCfiH/IAT SUBDIVISION, ~HENCE N 00014'00. E 12.17 FBn ALONG AN BAS~ LINB OF SAID L02' I, ~HENCE FOlUoOIfING A SOU~HEAS~E1lLr LINE OF SAID LO~ 1 61.27 FBE~ ALONG THE ARC OF A CURVE 2'0 ~HE LEn' HAVING A RADIUS 01' 915.25 FBn, THE CHORD OF fiH:rCH CURVE BEARS N 51018'10. E 61.26 FEn 2'0 ~HB POIN~ OF BBGINNING. ALL OF ~HB ABOVE PARCBLS BEING SITUA~ED IN ~HE COUN~r OF PI~KIN, S~ATB OF COLORADO 111111111111 """ III" 1111' "" 111I11'11I1111' "" 1111 443717 8!/38/28ee 1/lt'27A DfID IllS DAIIIS SILVI 5 0' !I R a.1Ie D.... N .... PITKIN COUNTY CO ~. --'-"-'-- ,"C. ~ ,,,,,,",, t(., i? ACCESSORY DWELUNG UNIT DEED RESTRICTION PURSUANT TO SECTION 26.520 OF THE CITY OF ASPEN MUNICIPAL CODE THIS ACCE~ORY DWELLING UNIT DEED RESTRICTION is made and entered into this 1 day of J..... """ - , 2000, by RK Land and Cattle Company LLC ("OWner") for itself, its successors and assigns, for the benefit of the City of Aspen, Colorado, a municipal corporation, and the Aspen/Pitkin County Housing Authority, a multi-jurisdictional housing authority established pursuant to the AMENDED AND RESTATED INTER-GOVERNMENTAL AGREEMENT recorded in Book 605 at Page 751 of the records of the Pitkin County Clerk and ReCOrder's Office ("Authority"). WHEREAS, Owner owns that parcel of real property located at 1243 East Cooper Avenue, in the City of Aspen, County of Pitkin, Colorado, more specifically described as Buckwheat Subdivision Lot 1 M&S Parcel, upon Which is situate a free-market dwelling unit, which will contain a one-bedroom, 3c:>..:l. l"'t net liveable square foot accessory dwelling unit ("Unit"); and WHEREAS, Owner agrees to accept and impose certain conditions on its use and occupancy of the Unit as an accessory dwelling unit under the Aspen Municipal Code. NOW, THEREFORE, in consideration of the mutual promises and obligations contained where, the Owner hereby covenants and agrees as follows: 1. The Unit as identified hereinabove shall not be condominiumized and, if rented, shall be rented only in accordance with the gUidelines as adopted and as may be amended from time to time by the Authority goveming "resident-occupied" dwelling units. 2. Owner need not rent the Unit; however, when rented, only qualified residents, as defined in the Housing Guidelines, shall reside therein and all rental terms shall be for a period of not less than six (6) consecutive months. Owner shall maintain the right to select the qualified resident of its own choosing when renting the Unit. An executed copy of all leases for the Unit shall be submitted to the Authority within ten (10) days of the approval of a qualified resident. 3. The covenants and limitations of this deed restriction shall run with and be binding on the land for the benefit of the City of Aspen and the Authority, either of whom may enforce the proVisions thereof through any proceedings at law or in equity, including eviction of non-complying tenants. 111111I1111I1111I111111111I111111/1111111I11/1111111111 445182 '7/17/2eee 13'4" DEED RES DAVIS SILVI 1 01 5 It 25.80 D.... N 8.80 PITkIN COUNTY co f) () 4, It is understood and agreed by the Owner that no waiver of a breach of any term or condition as contained in this deed restriction shall be construed to be a waiver of any breach of the same or other term or condition, nor shall failure to enforce any one of the terms or conditions, either by forfeiture or otherwise, be construed as a waiver of any term or condition. IN WITNESS HEREOF, Owner has placed its duly authorized signature hereto on the date as described above. OWNER: By: ~Z RK Land ar.ld'Cattle Company LLC Mailing Address: 80x. C:,1.;q I !-I-sP.EtJ COLOt.A:1Y.> gl(,P STATEOF (I~ COUNTY OF cfJ~ ) ) ) ss. WITNESS MY hand and official seal. he foregoing instrument was ac;k60wleqg~ bef9JfJ me thi,s) tf.<tIr,9aY, of , 2000, bY~dL{J ~'Y//?/1'lL I.wforjhe d d C ttl Co LLC ... 0'V ....... """0 an a e mpany , .", ...-:' ..... ~' ,., '" :)J77 '.. . t..7 ~. .:I.. ...,."'C \,/ '., -0. ":"1 '.... ': ',' ,""0;1 ." . ". ~ t . '., , '(;, . " ,'i3:f~~, 1iJ.-q-ocP Date My Commission expires: /---~=-J:)~ ; ( Notary PClblic Ut'~'!~~ff~UII ~IIIII 1111 1111111111111' 11111111 20' 5 R 25.88 0 .e:&4IPN DEEO RES DAVIS SILVI . e.. PITKIN COUNTY co 2 " (""\ ': ::>'ffi ACCEPTANCE BY THE HOUSING AUTHORITY The foregoing agreement and its terms are accepted by the Aspen/Pitkin County Housing Authority. THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY v~~ Mailing Address: 530 East Main Street, Suite 001 Aspen, CO 81611 COUNTY OF PITKIN STATE OF COLORADO ) ) ) instrument was acknowledged before me this Sit-day of 2000, by Jacquelyn A. Kasabach. ss. 1J!.e foregoing lvhg WITNESS MY hand and official seal. My Commission expires: 1 ";;.;~U Date \forms\adu.dr kw-- Ut~I~21!~~"~UljJ!mIDI!!llll!l!11 J~t!'1 3 or !I R 25.. D e.ee N e.. PITKIN COUNTY co 3 I"') SCHEDULE A Order Number: 00023747 --..0 !!!!!~u ==1>- _III =.. -> ~gz - .. -11I>0: -11I>- -",.. !!!!! .. !!!!!ISl =Sl - . - Q -llIz !!!!!.. ~.;;I -Q. - Q -Ie> =....1 -.... -~l(\ =... iiiiiim.: -Hili =Oll -..... -11I0 -.. =..... LEGAL DESCRIP110N PARCEL I' Lot 1, BUCKWHEU SUBDIVISION, according to the Plat: theroot' recorded July 20, 1979 in Plat: Book 8 at: Page 23 11.. Recopt:~on No. 216538. PARCEL II' A PARCEL OF LAND SITUUED IN SECTION 18, 'l'OIiNSHIP 10 SOUTH, RANGE 84 WBST OF THB 6TH P.H., PITKIN COUNTY, COLORADO, BEING HOllE FULLY DBSCRIBBD AS FOLLOWS, BEGINNING U THE NOUHEUT CORNER OF LOT 1, BUC1lJ1HEU SUBDIVISION U SHOWN ON PLM RECOIlDED IN PLM BOOK 8 U PAGE 23, PITRIN COUNTY RECORDS; THENCE N 00015'36" E 7.62 FEST; THENCE 34.80 FEBT ALONG THE ARC OF A CURVE 2'0 THE LEFT HAVING A RADIUS OF "9.25 FEST, THE CHOIlD OF IIHICH CURVE BEAU N 45009'190 E34.80 FEST 2'0 A POINT ON THE SOU'l'HlfESTEI/LY 1lIGHT OF IIAY LINE OF COLORADO STUE HIGHWAY NO. 82; THENCE FOLLOWING SAID RIGHT OF IIAY 57.77 FEST ALONG THE ARC OF A CURVE 2'0 THE RIGHT HAVING A RADIUS OF 1407.50 FEST, THE CHORD OF WHICH CURVE BEARS S 60038'51" E 57.77 FEET 2'0 'lHE HOST NORTHEI/LY CORNER OF 'THB ,EUT COOPER AFFOIlDABLE HOUSING SUBDIVISIoN' U SHOWN ON PLU llECORDED IN PLU BOOK 32 A'l' PAGE 15, PITKIN COClN'!'r llECOIlDS; THENCE FOLLOWING THE NOR'lHEI/LY LINE OF SAID EAST COOPBR AFFOllDABLE HOUSING SUBDIVISION 103.34 FEET ALONG 1!HE ARC OF A CrtRVEro1!HE RI(JfJ1! eAvING A RADIUS OF 945.25 FEET 2'0 AN ANGLE POIN'l ON 'lHB EJlST t.INE OF SAID ~ BUC1lJ1HEA'l' SUBDIVISION; THENCE N 00015'36" E 67.58 FEET ALONG SAID BUT LINE 2'0 THE POIN'l' OF BEGINNING. PARCEL III' A PARCEL OF LAND BEING BOUNDED ON THE NOUH AND WEST BY 'l'HB BUCKWHEU SUBDIVISION AS SHOIiN ON THE PLM llECOIlDED IN PLA'l' BOOK 8 A'l' PAGE 23, ON THB SOUTH AND EUT BY THE EUT COOPER AFFOIlDABLE HOUSING SUBDIVISION U SHOWN, ON THE PLU llECOIlDED IN PUl'l' BOOK 32 A'l' PADB 15, AND ON 'l'HE SOU7!H BY PROPERTY DESCRIBED IN BOOK 569 U PADB 156, PITKIN COUNTY RECORDS, ALL BEING SI'lUA'l'ED IN SECTION 18, 2'OWNSHIP 10 SOUTH, RANGE 84 liESI' OF THB 6'lH P.H., PI'lKIN COUNTY, COLORADO, AND BEING HOllE FULLY DESCRIBBD AB FOLLOIIS, BEGINNING AT A POINT BEING AN ANGLE POIN'l ON THE NOR'lHlfES'lEI/LY LINE OF SAID EJlST COOpeR AFFOlIDABLE HOUSING SUBDIVISION, BEING ALSO AN ANGLE POINT ON THE EU'lEI/LY LINE OF LO'l 1 OF SAID BUCKWHEA'l' SUBDIVISION; THENCE S 00016'00. E 68.51 FEET ALONG A WESTERLY LINE OF SAID EUT COOPER AFFORDABLE HOUSING SUBDIVISION; 'lHENCE N 89044 '00. II 25.00 FEST ALONG A NOUH LINE OF SAID EU'l COOPER AFFORDABLE HOUSING SUBDIVISION; THENCB S 00016'00" B 18.78 FEET TO THE NOR'lHEU'l COAAER OF SAIl> PROPER7!r Continued on next: page 11111111111I11/1111111111111111111111111111111111111111 443717 e5/38/20e8 et:27A DEED RES DAVIS SILVI 4 0' 5 R ze.e8 D e.em N 8.8e PITKIN COUNTY CO - r') . Continuation of Schedule A - Legal Deacription order Number, 00023747 DESCRIBED IN BOOK 56!J M' PAGB 1561 rHENCB.S "044 '00' W 25.00 PEEr ALONG rHE NORrH LINE 01' SAID PROPER'l'r DESCRIBED IN BOOK 569 M'l'AGB 156 ro rHE SOUrHEA8r CORNER 01' LOr J 01' liAID BUCKflHBA!r SUBDIVISION; !r11ENCE N 00014'00' E 42.J7 IEET ALONG AN EASr LINE 01 SAID LOr JI !r11ENCE FOLLOIiING A BOD2'HEABrElUor LINE 01' SAID LOr J 64.27 FBEr ALONG rRB ARC 01' A CURVE 2'0 rRE LEFr HAllING .A RADIUS or ,945.25 FEBr, rH~" C1JORD OF WHICH CURVE BBARS N 5JoJ8'40' B 64.26 FBIn 2'0 :nIEPOINr OI'BBGiNNINiJ. ALL or 2'H1II ABOVB l'ARClfILS BBING SIrUM'ED IN !r11111 COUNrr OF l'IrICIN, srM'1II 01' COLOllADO Ut~W2'!~~ff~U'II!II'IIIIII'IIIIIIIIII'1111111I1 S 0' S R 2Ue D e~":Pe?:,p~r~~:L~ SEP-II-2002 WED 10:04 AM ~ FAX NO. P. 02 CITY OF ASPEN PRE.APPLlCATION CONFERENCE SUMMARY PLANNER: PROJECT: REPRESENTA TlVE: OWNER: TYPE OF APPLICATION: DESCRIPTION: Scott Woodford, 920.5102 Condominium Plat ofa Duplex Millard Zimct DATE: 9.11.02 Subdivision exemption for Condominiumization Condominiumization ofa duplex. Land Use Code Section(s) 26.480.090 Condominiumization 26.304 Development Review Procedures Review by: Staff for complete application, referral agencies for technical considerations, Community Development Director for final approval. No. Engineering Planning Flat Fee $280 Engineering $180 $460.00 Public Hearing: Referral Agencies: Planning Fees; Referral Agency Fees: Total Deposit: To apply, submit the following information: I. Total deposit for review of the application. 2. Proof of ownership. _ 3. Applicant's name. address and telephone number in a letter signed by the applicant" which also states the name, address and telephone number ofthe representative. Include street address andIegal description of(l1e properly. 4. Summary letter explaining the request (existing conditions and proposed uses) and addressing the standards of the Land Use Code sections listed above. 5, All 8 112>> by 11" vicinity map locating the parcel within the City of Aspen, 6. Old (existing) plat if one exists. 7. Proposed plat from a registered land surveyor. Call Comm. Dev. Engineer for plat requirements, 920.5104 8. Copies of prior approvals (from City Clerk) 9. 2 Copies of the complete application packet (items 2-8) Process: Apply. Planner reviews case for completeness and sends to Engineering and referral agencies, 2.3 weeks latcr planner will contact applicant with the suggestions from Engineering for preparation of the Final Plat. The applicant's surveyor makes those changes and brings in 2 reproducible mylar copies to the planner, Planner reviows plat for consistency with Engineering suggestions and the Director approves, approves with conditions, or denies application based on consistency with the review criteria and technical considerations. Plat is then signed by Comm. Dev. Engineer. Applicant records the final plat at the County Clerk and Recorder (fee). Disclaime.r: TheJoregoing summary is advisory in namre 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 mayor may not be accurate. The summary docs not creale a legal or vested right. Received Time Sep, 1 1, 9:57AM