Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
coa.lu.ec.725 Cemetery Lane.0004.2016.ASLU
EASEMENT AGREEMENT This Easement Agreement is entered into this day of , 20—, by and between SANCTUARY RESIDENCES, LLP, a Colorado limited liability partnership ("Grantor"), whose address is 725 Cemetery Lane, Aspen, CO 81511, and THE CITY OF ASPEN, COLORADO ("Grantee"). Recitals A. Grantor owns the real property described on Exhibit 1 (the "Property"). S. Grantee owns a portion of the water rights decreed to the Holden and Marolt Ditches, two separate ditches which are combined into one as they traverse the Property (hereinafter referred to as the "holden Marolt Ditch"), and holds easement rights, along with the other Holden Marolt Ditch users over, upon, in, across and through the Property for the diversion, measurement, and transport and use of water rights carried in the Holden Marolt Ditch and for inspection, use, operation, maintenance, cleaning, repair and replacement of the Holden Marolt Ditch and related infrastructure. The parties hereto recognize that Grantee is not the sole owner of all water rights carried in the Holden Marolt Ditch but that Grantee undertakes operation, maintenance, cleaning, repair and replacement of the ditch and related infrastructure on the Property. C. Grantor does not own any interest in the Holden Marolt Ditch or any water rights carried in the Holden Marolt Ditch. D. Grantor and Grantee have determined that it is in their best interests to enter into this Easement Agreement in order to define the scope and extent of Grantee's easement rights over, upon, in, across, and through the Property. THEREFORE, IN CONSIDERATION of the promises and agreements set forth below, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Grant of Easement. Grantor does hereby grant and convey to the Grantee a perpetual non-exclusive easement and right of way (the "Easement") for the purposes of access to and inspection, use, operation, cleaning, maintenance, repair and replacement of the Holden Marolt Ditch and related infrastructure over, upon, in, across and through, the Property. The Easement includes the right to construct, install and maintain structures on the Easement, such as measuring devices, augmentation stations, and other infrastructure required to implement the rights herein granted. The Easement includes the following and access thereto: An area that extends ten (1 0) feet on either side of the centerline of the Holden Marolt Ditch alignment on the Property The location of the Easement on the Property is shown on Exhibit 2. The legal description of 1 the Easement is attached as Exhibit 3. The Easement, and access thereto, are granted over, upon, across, in and through the Property. This grant of easement shall run with the land for the benefit of the Grantee, and shall be binding upon and inure to the benefit of the Grantee, and its successors and assigns. 2. Use of Easement Premises By Grantee. The Grantee's agents, employees, contractors and other designated persons may go upon the Easement at all reasonable times, to undertake routine inspection, use, operation, maintenance, repair and replacement of the Holden Marolt Ditch and related infrastructure. In the event the Grantee plans major repairs or replacement of infrastructure within the Easement premises, it shall provide Grantor with reasonable advance notice of the work to be undertaken, meaning at least one week advanced notice, and the estimated time of completion. Notwithstanding the foregoing, the Grantee may go upon the Easement premises at any time in the event of any emergency situation or condition, and undertake such repair or replacement activities as it deems necessary to properly resolve the emergency situation. After the exercise of any of its rights hereunder, the Grantee shall grade, re -seed or re -sod if necessary to restore the surface of the ground to its former condition and contour, provided however, that the Grantee shall not be required to restore or replace any trees, bushes, brush, gardens or other vegetation on the Easement premises, or any structures or paving thereon as Grantor is prohibited from installing such improvements within the Easement as set forth below. 3. Use of Easement_ Premises by Grantor. Grantor shall retain the right to use and enjoy the Property including the Easement premises so long as such use and enjoyment do not interfere with the Grantee's rights hereunder, and provided that Grantor shall not install or allow any obstructions or permanent encroachments on the Easement premises, including but not limited to fences, buildings, gates, or other structures, or trees, bushes, brush, gardens, or pavement, and shall not obstruct or permit obstruction of access to the Easement premises. In the event any such obstructions or encroachments are erected, installed, or permitted to remain upon the Easement premises notwithstanding this paragraph, Grantor understands and agrees that such obstructions or encroachments may be removed by the Grantee at Grantor's cost, and that the Grantee shall have no responsibility or liability for any damage or destruction of the encroachments or the Property as a result of such removal. In the event Grantor discovers an emergency condition pertaining to the Holden Marolt Ditch and related infrastructure, Grantor shall make reasonable attempts to promptly notify the Grantee of such condition. 4. Liability to Others. Each party shall be responsible for any and all claims, demands, actions, losses, liabilities, or expenses of whatever sort, including attorney fees, that are incurred by any person or entity arising out of or in connection with such party's use or occupation of the Easement premises, or the use or occupation the Easement premises by its agents, employees, contractors, invitees or licensees, provided, however, that nothing herein shall be construed to abrogate or diminish any protections and limitations afforded to any assignee or Grantee that is protected by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. as amended, 2 or other law. In the event the Grantee and Grantor, or their respective officers, directors, members, employees, agents, contractors, representatives, heirs or assigns may be held jointly and severally liable under any statute, decision, or other law providing for such joint and several liability for their respective activities on the Easement premises, the obligations of each to respond in damages shall be apportioned, as between the Grantee and Grantor, in proportion to the contributions of each as measured by the acts and omissions of each which in fact caused such legal injury, damage or harm. 5. Notices. All notices required to be given shall be deemed given upon deposit in the United States mail, first class postage prepaid, properly addressed to the person or entity to whom directed at its address shown herein, or at such other address as shall be given by notice pursuant to this paragraph. Grantor's Address: Sanctuary Residences, LLP c/o Libman Development, LLC 520 E. Hyman Ave., Suite 213 Aspen, CO 81611 Email: klibman &Iibmangroup.com harris cahnpartners.com Grantee's Address: City of Aspen Utilities Operations Manager 130 S. Galena Street Aspen, CO 81611 ty 1 e r. c hri sto ft (aD c ityofasp en. co m Notwithstanding the foregoing, either party may notify the other of emergency conditions by direct delivery of notice to the address shown herein, or by telephone or email at the last known telephone number or email address of the party to whom the notice is directed. 6. Binding Agreement - Recording. This Easement Agreement is binding upon the parties hereto, their successors and assigns, and any sale of the Property, or any portion thereof shall be subject to this Easement Agreement. This Easement Agreement shall be recorded with the Pitkin County Clerk and Recorder, and shall impose an easement and covenants running with the land upon the Property. Deeds to subsequent owners of the Property shall provide notice of this Easement Agreement and the obligations contained herein. Grantee may assign this Easement Agreement and all rights and obligations hereunder to successor owners of the Holden Marolt Ditch water right. 7. Governing Law; Venue; Attorneys' Fees. This Easement Agreement and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Colorado. Venue for all actions arising under this Easement Agreement shall be Pitkin County, Colorado. In the event legal remedies must be pursued to resolve any dispute or conflict regarding the terms of this Easement Agreement or the rights and obligations of the parties hereto, the prevailing party shall be entitled to recover costs incurred in pursuing such remedies, including expert witness fees and reasonable attorney fees. 3 8. Authorization of Signatures. tures. The parties acknowledge and represent to each other that all procedures necessary to validly contract and execute this Easement Agreement have been performed and that the persons signing for each party have been duly authorized to do so. 9. Counterparts. This Easement Agreement may be signed using counterpart signature pages, with the same force and effect as if all parties signed on the same signature page. IN WITNESS WHEREOF, the parties have executed this Easement Agreement the date and year first above written. GRANTOR SANCUTARY RESIDENCES, LLP By: Cahn Capital Holdings, LLC, Manager By: Harris A. Cahn, Manager STATE OF ss. COUNTY OF .i } SUBSCRIBED AND SWORN to before me this �I day of r ' tab by Harris A. Cahn, Manager of Cahn Capital Holdings, LLC, Manager of Sanctuary Residences, LLP WITNESS my hand and official seal. [SEAL] Notary Public My commission expires: �� ' l ctoz -�Z a3a0ra0 s381dx3 NOISS11WOU An SfZ950V£40Z # al ANVION 00V80100 30 BOOS onand AHVION Hs18aa0 's 83H.LV3H GRANTEE Steve Barwick, City Manager, City of Aspen, Colorado ATTEST: 4 City Clerk, City of Aspen APPROVED AS TO FORM: City Attorney EXHIBITS: Exhibit 1: Legal Description of the Property Exhibit 2: Map showing approximate location of Easement Exhibit 3: Surveyed location and description of Easement C) 6) —A C) O0 --A .gyp CoO �cl Q� 46 ci� o 00 s > 00 > G� 0 m C) 0 > 2m > z LTI M U) r- 0 0 -< mm 0 0 -oo" Qc) rn En0 0 m 0 co > DO ;u o nm Uflims Z> >m OR z aZ 0 -A > �O(n % co a t m -j C)K: ;o Frl 0 z C) rn Z Z --4 ILO X �> -4 ;u > 0 > n U)m - Olt, ---i --. O ct m co U) n t3- n 03 porn m 0'. 00 (,) " M -00 z X CAZ mUl > M (Al C-) col: O'm > rn ZO ID, oo-<z z 0 o o c m -40 r- < > 00 z M, olurn C) 0 0 m mic OD L" OZ m 0 M K) --i m r- r- 3 0 "Z 3Gw",; ;u 00 co un 0 > m )0*00 cil 0 -3 3C) 3OG C, 41 > cn SCALE. f'- 40' m RECEPTION#: 622107, 08/04/2015 at 11:29:56 AM, 1 OF 5, R $31.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO ORDINANCE NO. 22 (SERIES OF 2015) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE HUTTON LOT SPLIT FOR THE PROPERTY COMMONLY KNOWN AS 725 CEMETERY LANE, LEGALLY DESCRIBED IN EXHIBIT A; CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737-073-16-003 WHEREAS, the Community Development Department received an application from BMC Planning + Design on behalf of Robert Hutton, requesting Lot Split review for the property commonly known as 725 Cemetery Lane; and, WHEREAS, the subject property is zoned Moderate Density Residential (R-15); and, WHEREAS, the Applicant has requested a Lot Split review by the City Council and approval to divide the current 39,704 square foot lot into two lots; allocating 22,023 square feet of gross lot area to Lot 1 and allocating 17,681 gross square feet to Lot 2; and, WHEREAS, the City Council has reviewed and considered the lot split proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing on July 13, 2015; and, WHEREAS, during a duly noticed public hearing on July 13, 2015, the City Council opened the hearing, took public testimony, considered pertinent recommendations from the Community Development Director, and referral agencies of the City of Aspen and adopted Ordinance No. 22, Series of 2015, approving Lot Split, which would allow the division 725 Cemetery Lane, a 39,704 square foot lot into two lots, allocating 22,023 square feet of lot area to Lot 1 and allocating 17,681 square feet of lot area to Lot 2; and, WHEREAS, the Aspen City Council finds that the lot split proposal meets or exceeds all the applicable development standards. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves the Lot Split request to divide the 39,704 square foot lot into two lots; allocating 22,023 square feet to Lot 1 and allocating 17,681 square feet to Lot 2; and, 1 Section 2: Plat The Applicant shall record a lot split plat that meets the requirements of Land Use Code Chapter 26.490, Approval Documents; within 180 days of approval. The existing home need not be demolished to accommodate the newly created lot boundaries. The existing structure may remain for the life of the original structure only. Upon demolition, as defined in Section 26.104.100, Definitions, all structures on Lot 1 and Lot 2 shall comply with the applicable zone district provisions with respect to the newly created lot boundaries and setbacks. Section 3: Subdivision No further subdivision may be granted for the newly created lots. No additional units shall be constructed without the required land use approvals and growth management allocations. Section 4: EnRineerin The existing driveway and curb cut configuration shall be abandoned upon demolition of the existing residence. Access to the newly created Lot 1 is required to be off the existing 20' "Non-. Exclusive Easement" as recorded in Book 572 Page 384. A new curb cut along Cemetery Lane will not be permitted on this lot. Lot 2 shall be allowed one curb cut along Cemetery Lane. If objections by the grantees of the easement recorded in Book 572 Page 384 prevent the use of said easement by Lot 1; Lots 1 and 2 shall only be permitted one curb cut to serve both Lots 1 and 2, subject to approval by City Engineering. Section 5: Parks The Parks Department will require separate landscape and tree protection reviews for each new lot upon the request for building permit. Staff will determine if an approved tree permit will be required prior to demolition or significant property changes. Tree removal mitigation will be handled through cash -in -lieu payment or by on-site plantings, such as street trees. Planting in the public right-of-way will be subject to landscaping in the right-of-way requirements. Improvements to the right-of-way should include new grass and irrigation. The applicant shall work with the Parks Department to design an appropriate trench box for any new tree plantings. Plans for'tree plantings shall be completed and conceptually approved prior to building permit submittal. Section 6: Water/Utilities Upon future development of either lot, utility design shall be incorporated into plans that will address individual services and meters for each lot. The Holden-Marolt Ditch runs along the, western boundary of each newly created parcel. Prior to recording the plat for the lot split, an easement agreement acceptable and approved by the City Attorney shall be recorded and the ditch with reference to the recorded easement be shown in its full easement width on the plat. Section 7: Existing Floor Area Credit Allocation The floor area calculations for the existing single family home shall be provided with the demolition permit in accordance with Section 26.575.020, Calculations and Measurements. Floor 2 area credit applies to three forms of mitigation. Credit for the existing floor area shall be allocated between the two lots evenly; with the exception of floor area credit as it is applied to School Land Dedication. 100% of the floor area applied to School Land Dedication fees shall be applied to Lot 1. This allocation, notated by "fee type", is shown in Table 1. Table 1. Existing Floor Area Credit Allocation Table Fee Type Lot 1 Lot 2 School Land Dedication 100% 0% Parks 50% 50% Affordable Housing 50% 50% If the floor area calculations are not provided prior to demolition, the applicant forfeits the right to any floor area credit. This condition may be amended by the Community Development Director. Nothing herein shall exempt development on these lots to the applicability of impact fees, amendments to fee schedules or adoption of new impact mitigation requirements. Section 8: Vested Property Rights The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property:. Hutton Lot Split, A tract of land situated in lots 3 and 12, section 12, township 10 south, range 85 west of the 6th principal meridian, being a portion of that certain tract of land described in book 183 at page 271 in the records of Pitkin County, described as follows: beginning at a point on the westerly line of county road whence the west 1/4 corner of said section 12 bears south 58 degrees 17 minutes west 1614.50 feet; thence south 76 degrees 26 minutes west 177.70 feet; thence north 25 degrees 14 minutes west 204.22 feet; thence north 76 degrees 26 minutes east 219.00 feet to a point on the westerly line of said county road; thence south 13 degrees 34 minutes east 200.00 feet along the westerly line of said county road to the point of beginning, County of Pitkin, State of Colorado by Ordinance No. 22, Series of 2015, of the Aspen City Council. 3 Section 9: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue .of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 10: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 11: A public hearing on the ordinance shall be held on the 13d' day of July, 2015, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Section 12: This ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 22nd of June, 2015. Attest: Linda Manning, City FINALLY, adopted, passed and approved this 13d' day of Attest: �LX�A Linda Manning, City Clerk Steven Skai Approved as to form: ames R. True, City Attorney L! Mayor y, 2015. Mayor Ordinance 22, Series 2015 Exhibit A Hutton Lot Split A TRACT OF LAND SITUATED IN LOTS 3 AND 12, SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN BOOK 183 AT PAGE 271 IN THE RECORDS OF PITKIN COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF COUNTY ROAD WHENCE THE WEST 1/4 CORNER OF SAID SECTION 12 BEARS SOUTH 58 DEGREES 17 MINUTES WEST 1614.50 FEET; THENCE SOUTH 76 DEGREES 26 MINUTES WEST 177.70 FEET; THENCE NORTH 25 DEGREES 14 MINUTES WEST 204.22 FEET; THENCE NORTH 76 DEGREES 26 MINUTES EAST 219.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID COUNTY ROAD; THENCE SOUTH 13 DEGREES 34 MINUTES EAST 200.00 FEET ALONG THE WESTERLY LINE OF SAID COUNTY ROAD TO THE POINT OF BEGINNING, COUNTY OF PITKIN, STATE OF COLORADO m 1 Lot Split - Recordation Documents Review 725 Cemetery Lane (PID# 2735-122-00-008) Submitted January 2016 MIBMS Planning+Design P.O. Bax 73, Aspen, CO 81612 970-948-0002 www.bmcaspen.com RECEPTIONM 625220,12/0112016 at 04:19:06 PM, 1 OF 3, R $21.00 DF $479.00 Doc Code WD Janice K. Vos Caudill, Pitkin County, CO Warranty Deed (pursuant to 38-30-113 C.R.S.) State Documentary Fee Date: December 01, 2015 $ 479.00 TffiS DEED, made on December OL 2015 by ROBERT C. HUTTON Grantor(s), of the County of PITLQN and Stare of COLORADO for the consideration of ($4,790,000.00) "0 Four Million Seven Hundred Nmety Thousand and 00/100 °1"0 dollars in hand paid, hereby sells and conveys to SANCTUARY RESIDENCES, LLP, A COLORADO LIMITED LIABILITY rtv PARTNERSHIP Grantee(s), whose street address is P.O. BOX 4060 ASPEN, CO 81612, County of PrIKN, and State of COLORADO, the following real property in the County of Pitkin, and State of Colorado, to wit SEE ATTACHED "EXHIBIT A" also known by street and member as: 725 CEMETERY LANE ASPEN CO 81611 with all its appurtenances and warrants the title to the same, subject to GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 2015 AND SUBSEQUENT YEARS AND SUBJECT TO THOSE ITEMS AS SET FORTH ON EXHIBIT "B" ATTACHED HERETO AND INCORPORATED N. 14,eVcz? ROBERT C. HUTTON State of COLORADO ss. County of PITKN ) The foregoing instcurnent was admowledged before me on this day of December 01, 2015 by ROBE KIMBERLY J. PARHAM NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20124022396 MY COMMISStON EXPIRES 04/2 612 01 6 My commission expires 7/ When Recorded Return to: SANCTUARY RESIDENCES, LLP, A COLORADO LIMITED LIABILITY PARTNERSHIP P.O. BOX 4060 ASPEN, CO 81612 Gi�Y a3ii .4ssrrd'y ."iIr ETT Pr.it5 on Fomr 13082 092008 wd.open.odt Warranty Deed Open (Photographic) Q62006490 CITY C .ASPEN "' A'I Z IREf' NO, ra�i(l5 h� � Mue, 1237163761 A TRACT OF LAND SIUTATED IN LOTS 3 AND 12, SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 61H PRINCIPAL MERIDIAN, BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN BOOK 183 AT PAGE 271 IN THE RECORDS OF PITKIN COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF COUNTY ROAD WHENCE THE WEST 1/4 CORNER OF SAID SECTION 12 BEARS SOUTH 58 DEGREES 17 MINUTES WEST 1614.50 FEET; THENCE SOUTH 76 DEGREES 26 MINUTES WEST 177.70 FEET; THENCE NORTH 25 DEGREES 14 MINUTES WEST 204.22 FEET; THENCE NORTH 76 DEGREES 26 MINUTES EAST 219.00 FEET TO A POINT ON THE WESTERLYLINE OF SAID COUNTY ROAD; THENCE SOUTH 13 DEGREES 34 MINUTES EAST 200.00 FEET ALONG THE WESTERLY LINE OF SAID COUNTY ROAD TO THE POINT OF BEGINNING, COUNTY OF PITKIN, STATE OF COLORADO. Form 13092 0912008 wd.opea.odt Warranty Deed Open (Photographic) Q62006490 {237163761 'J�R.'_I_: M_ Property Address: 725 CEMETERY LANE ASPEN CO 816U RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 16,1894 IN BOOK 55 AT PAGE 45. UTILITY EASEMENT AS GRANTED TO MOUNTAIN STATES TELEPHONE AND TELEGRAPH CO. IN INSTRUMENT RECORDED DECEMBER 11, 1929, IN BOOK 162 AT PAGE 172. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED APRIL 28,1964 IN BOOK 206 AT PAGE 560. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED SEP'TE'MBER 01,1988IN BOOK 572 AT PAGE 394. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN NO. 22, SERIES OF 2015 APPROVING THE HUTTON LOT SPLIT RECORDED AUGUST 4, 2015 AS RECEPTION NO. 622107. Form 13100 082008 b2eahibit.escrow.odt Q62006490 {237163731 11: A TRACT OF LAND SIUTATED IN LOTS 3 AND 12, SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 67H PRINCIPAL MERIDIAN, BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN BOOK 183 AT PAGE 271 IN THE RECORDS OF PITKIN COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF COUNTY ROAD WHENCE THE WEST 114 CORNER OF SAID SECTION 12 BEARS SOUTH 58 DEGREES 17 MINLITES WEST 1614.54 FEET; THENCE SOUTH 76 DEGREES 26 MINUTES WEST 177.70 FEET; THENCE NORTH 25 DEGREES 14 MINUTES WEST 204.22 FEET; THENCE NORTH 76 DEGREES 26 MINUTES EAST 219.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID COUNTY ROAD; THENCE SOUTH 13 DEGREES 34 MINUTES EAST 200.00 FEET ALONG THE WESTERLY LINE OF SAID COUNTY ROAD TO THE POINT OF BEGINNING, COUNTY OF PITRIN, STATE OF COLORADO. Form 13082 09/2008 wd open.odt Warranty Deed Open (lttmgeaphic) Q6200649D 123716376) Property Location: 725 Cemetery Lane, Aspen, CO Vicinity Map (City of Aspen) Legal Description A TRACT OF LAND SIUTATED IN LOTS 3 AND 12, SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN BOOK 183 AT PAGE 271 IN THE RECORDS OF PITKIN COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF COUNTY ROAD WHENCE THE WEST 1/4 CORNEROF SAID SECTION 12 BEARS SOUTH 58 DEGREES 17 MINUTES WEST 1614.50 FEET; THENCE SOUTH 76 DEGREES 26 MINUTES WEST 177.70 FEET; THENCE NORTH 25 DEGREES 14 MINUTES WEST 204.22 FEET; THENCE NORTH 76 DEGREES 26 MINUTES EAST 219.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID COUNTY ROAD; THENCE SOUTH 13 DEGREES 34 MINUTES EAST 200.00 FEET ALONG THE WESTERLY LINE OF SAID COUNTY ROAD TO THE POINT OF BEGINNING, COUNTY OF PITKIN,STATE OF COLORADO. Customer Distribution Our Order Number: Q62007207 Date: 01-11-2016 Property Address: 725 CEMETERY LANE, ASPEN, CO 81611 For Title Assistance KIM SHULTZ 533 E HOPKINS #102 ASPEN, CO 81611 970-927-0405 (phone) 970-925-6243 (fax) valleyresponse@ltgc.com BMC PLANNING AND DESIGN Attention: BRIAN MCNELLIS PO BOX 73 ASPEN, CO 81612 970-948-0002 (work) brian@bmcaspen.com Delivered via: Electronic Mail Land Title Guarantee Company Estimate of Title Fees Order Number:Q62007207 Date: 01-11-2016 Property Address:725 CEMETERY LANE, ASPEN, CO 81611 Buyer/Borrower:TO BE DETERMINED Seller:SANCTUARY RESIDENCES, LLP, A COLORADO LIMITED LIABILITY COMPANY Visit Land Title's website at www.ltgc.com for directions to any of our offices. Estimate of Title Insurance Fees TBD Commitment $204.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Total $204.00 THANK YOU FOR YOUR ORDER! ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: Q62007207 Customer Ref-Loan No.: Property Address: 725 CEMETERY LANE, ASPEN, CO 81611 1. Effective Date: 12-31-2015 At 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "TBD" Commitment $0.00 Proposed Insured: TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: SANCTUARY RESIDENCES, LLP, A COLORADO LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: A TRACT OF LAND SIUTATED IN LOTS 3 AND 12, SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN BOOK 183 AT PAGE 271 IN THE RECORDS OF PITKIN COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF COUNTY ROAD WHENCE THE WEST 1/4 CORNER OF SAID SECTION 12 BEARS SOUTH 58 DEGREES 17 MINUTES WEST 1614.50 FEET; THENCE SOUTH 76 DEGREES 26 MINUTES WEST 177.70 FEET; THENCE NORTH 25 DEGREES 14 MINUTES WEST 204.22 FEET; THENCE NORTH 76 DEGREES 26 MINUTES EAST 219.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID COUNTY ROAD; THENCE SOUTH 13 DEGREES 34 MINUTES EAST 200.00 FEET ALONG THE WESTERLY LINE OF SAID COUNTY ROAD TO THE POINT OF BEGINNING, COUNTY OF PITKIN, STATE OF COLORADO. Copyright 2006-2016 American Land Title Association. All Rights Reserved The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: Q62007207 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: 1.EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE CITY OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED. 2.A FULL COPY OF THE FULLY EXECUTED OPERATING AGREEMENT AND ANY AND ALL AMENDMENTS THERETO FOR SANCTUARY RESIDENCES, LLP, A COLORADO LIMITED LIABILITY COMPANY MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY. SAID AGREEMENT MUST DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID ENTITY. NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION. 3.WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR SANCTUARY RESIDENCES, LLP, A COLORADO LIMITED LIABILITY COMPANY RECORDED DECEMBER 01, 2015 AT RECEPTION NO. 625221 IS CURRENT. NOTE: SAID INSTRUMENT DISCLOSES HARRIS A. CAHN AS THE MANAGER AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED. 4.WARRANTY DEED FROM SANCTUARY RESIDENCES, LLP, A COLORADO LIMITED LIABILITY COMPANY TO TO BE DETERMINED CONVEYING SUBJECT PROPERTY. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: Q62007207 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8.RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 16, 1894 IN BOOK 55 AT PAGE 45. 9.UTILITY EASEMENT AS GRANTED TO MOUNTAIN STATES TELEPHONE AND TELEGRAPH CO. IN INSTRUMENT RECORDED DECEMBER 11, 1929, IN BOOK 162 AT PAGE 172. 10.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED APRIL 28, 1964 IN BOOK 206 AT PAGE 560. 11.TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED SEPTEMBER 01, 1988 IN BOOK 572 AT PAGE 384. 12.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN NO. 22, SERIES OF 2015 APPROVING THE HUTTON LOT SPLIT RECORDED AUGUST 4, 2015 AS RECEPTION NO. 622107. JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by, us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A)The Subject real property may be located in a special taxing district. B)A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property) C)The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph G of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B-2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A)The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B)No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C)The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D)The Company must receive payment of the appropriate premium. E)If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. A)That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B)That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Commitment to Insure ALTA Commitment - 2006 Rev. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1.The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2.If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3.Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4.This commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5.The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.org. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 1.Rights or claims of parties in possession not shown by the Public Records. 2.Easements, or claims of easements, not shown by the Public Records. 3.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Old Republic National Title Insurance Company a Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 (612)371-1111 Authorized Officer or Agent Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 John E. Freyer, President INVOICE Land Title Guarantee Company 533 E. HOPKINS #102 ASPEN, CO 81611 970-925-1678 BMC PLANNING AND DESIGN BRIAN MCNELLIS PO BOX 73 ASPEN, CO 81612 Invoice Number:ASP-3899 Date: January 11, 2016 Order Number:62007207 Property Address:725 CEMETERY LANE ASPEN 81611 Buyer/Borrower:To Be Determined Invoice Charges Service: TBD Commitment Ref: 62007207 Addr: 725 CEMETERY LANE Party: SANCTUARY RESIDENCES, LLP, A COLORADO LIMITED LIABILITY COMPANY Total Amount Invoiced: Less Payment(s): Balance Due: $204.00 $204.00 $0.00 $204.00 Due and Payable upon receipt Please make check payable to Land Title Guarantee Company and send to the address at the top of Page 1. Please reference Invoice Number ASP-3899 on your Payment Page 1 invoice.odt 14420 07/2015 07/30/13 11:06:43 AM Reference Your Reference Number:TBD Commitment - 62007207 Our Order Number:ASP-3899 Our Customer Number:68855.1 Invoice Requested by:BRIAN MCNELLIS Invoice (Process) Date:January 11, 2016 Transaction Invoiced By:Web Services Email Address:invoicing@ltgc.com www.bmcaspen.com P.O. Box 73 Aspen, CO 81612 970-948-0002 January 11 , 2016 Jennifer Phelan - Interim Director City of Aspen Community Development 130 S. Galena Street, 3rd Floor Aspen, CO 81611 RE: 725 Cemetery Lane Lot Split – Plat Recordation Dear Jennifer: Please accept this application to formally record the Lot Split that was approved at 725 Cemetery Lane (ID # 2735-122-00-008) and as adopted by the City Council pursuant to Ordinance 22 of 2015 (recorded at Reception #622107). The Lot Split was requested in compliance with the underlying R-15 zone and pursuant to Section 26.480.050 (A) - Minor Subdivisions of the Land Use Code. The Lot Split results in two parcels (each 17,681 square feet net area) that conform to the urban fabric of the Cemetery Lane neighborhood. The Lot Split application was subject to a neighborhood outreach as well as the typical public notice requirements for a Minor Subdivision. Please see our responses to the Subdivision sections of the Code from the Lot Split application and reiterated below: A. Lot Split. The subdivision of a lot for the purpose of creating one additional development parcel shall be approved, approved with conditions, or denied by the City Council, pursuant to Section 26.480.030 Procedures for Review, according to the following standards: 1. The request complies with the requirements of Section 26.480.040, General Subdivision Review Standards. Response: The request complies with the General Subdivision Review Standards (see below). 2. No more than two lots are created by the lot split. No more than one lot split shall occur on any one fathering parcel. Response: No more than 2 lots will be created by the Lot Split. 3. The Lot Split Plat shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 Approval Documents. No subdivision agreement need be prepared or entered into between the applicant and the City unless the Community Development Director determines such an agreement is necessary. www.bmcaspen.com P.O. Box 73 Aspen, CO 81612 970-948-0002 Response: The Lot Split Plat shall be reviewed by Planning Staff and recorded pursuant to the requirements of the Aspen Land Use Code and the Clerk & Recorder’s office. 26.480.040. General subdivision review standards All subdivisions shall be required to conform to the following general standards and limitations in addition to the specific standards applicable to each type of subdivision: A. Guaranteed Access to a Public Way. All subdivided lots must have perpetual unobstructed legal vehicular access to a public way. A proposed subdivision shall not eliminate or obstruct legal vehicular access from a public way to an adjacent property. All streets in a Subdivision retained under private ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and driveways are prohibited. Response: The Lot Split will not obstruct access to any adjacent properties and each of the new lots shall have direct access to Cemetery Lane’s public right-of-way. This proposal will not change or modify the 20’ wide driveway/access easement along the northern boundary of the subject parcel and it shall continue to allow access to the property located immediately to the west. No new streets will be created and no additional road cuts along Cemetery Lane are requested. The Lot Split will eliminate the current looped driveway and therefore extinguish an existing curb cut along Cemetery Lane. Security and/or privacy gates will not be used on any access point to the properties or adjacent properties. B. Alignment with Original Townsite Plat. The proposed lot lines shall approximate, to the extent practical, the platting of the Original Aspen Townsite, and additions thereto, as applicable to the subject land. Minor deviations from the original platting lines to accommodate significant features of the site may be approved. Response: Upon researching 12 properties along the western side of Cemetery Lane (on each side of the subject parcel) it was calculated that the average lot area is approximately 17,828 square feet with an average width of about 105 feet. If granted, the Lot Split would create two parcels – one at 17,681 square feet and the other (including the existing access easement) at 22,023 square feet. The resulting property lines along Cemetery Lane will be 94 and 106 feet respectively. The proposal will foster a residential condition that is more in conformance with the traditional lot sizes depicted on the Original Townsite Plat and those existing in the Cemetery Lane neighborhood. C. Zoning Conformance. All new lots shall conform to the requirements of the zone district in which the property is situated, including variations and variances approved pursuant to this Title. A single lot shall not be located in more than one zone district unless unique circumstances dictate. A rezoning application may be considered concurrently with subdivision review. Response: The resulting lots will exceed the minimal dimensional requirements of the R15 zone district. No variances or zoning changes are requested as part of this application. D. Existing Structures, Uses, and Non-Conformities. A subdivision shall not create or increase the non- conformity of a use, structure or parcel. A rezoning application or other mechanism to correct the non- conforming nature of a use, structure, or parcel may be considered concurrently. www.bmcaspen.com P.O. Box 73 Aspen, CO 81612 970-948-0002 Response: There are no non-conformities on the property currently. No non-conformities will be created by the proposed Lot Split. Enclosed you will find the Pre-Application Conference Summary form provided by Planner - Hillary Seminick as well as the required application materials requested therein. We have also included the recorded Ordinance of approval for your reference. Please let us know at your earliest convenience if an item was not included in the application materials or if the submitted plat needs modification. We appreciate you and your staff’s time in reviewing this application. Sincerely, Brian McNellis AICP, ASLA BMC Planning + Design ASLU Recordation Documents Review 725 Cemetery Lane 2735-122-00-008 1 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Hillary Seminick, 970.429.2741 DATE: October 9, 2015 PROJECT: 725 Cemetery Lane REPRESENTATIVE: Brian McNellis REQUEST: Recordation Documents Review DESCRIPTION: The subject property received approval for the Hutton Lot Split in Ordinance 22, Series 2015. In accordance with Section 2: Plat of the Ordinance, the Applicant shall record a lot split that meets the requirements of the Land use Code Chapter 26.490, Approval Documents; within 180 days of approval. The existing home need not be demolished to accommodate the newly created lot boundaries. The existing structure may remain for the life of the original structure only. Upon demolition, as defined in Section 26.104.100, Definitions, all structures on Lot 1 and Lot 2 shall comply with the applicable zone district provision with respect to the newly created lot boundaries and setbacks. This is not inclusive of all conditions of approval nor the requirements of the land use code. Approval of a condo plat is an administrative function. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2013%20land%20use%20a pp%20form.pdf Land Use Code: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use- Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.490 Approval Documents Review by: Staff for complete application Engineering Dept. Planning Fees: $975 – for three hours of Staff Review time. Referral Fees: Engineering –$275 for one hour of review time Total Deposit: $1250 (additional planning hours over deposit amount are billed at a rate of $325/hour; additional engineering hours over deposit are billed at a rate of $275/hour) To apply, submit the following information: Completed Land Use Application and signed fee agreement. Pre-application Conference Summary (this document). 2 Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application. Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. HOA Compliance form (Attached) A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen. Two paper copies of the 24”x36” plat 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: 1 additional copy of the complete application packet and, if applicable, associated drawings. Total deposit for review of the application. A digital copy of the application provided in pdf file format. Upon completion of review, the following items will then need to be submitted: 2 copies of the plat on 24”x36” Mylar. Recording fees (to be assessed by the case planner) Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. City C970 COMMUNITY DEVELOPMENT DEPARTMENT Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Property Owner (“I”): Name: Email: Phone No.: Address of Property: (subject of application) I certify as follows: (pick one) □ This property is not subject to a homeowners association or other form of private covenant. □ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. □ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: _________________________ date:___________ Owner printed name: _________________________ or, Attorney signature: _________________________ date:___________ Attorney printed name: _________________________ I Permit No. I Homeowner Association Compliance Policy All applications for a building permit within the City of Aspen are required to include a certification of compliance with applicable covenants and homeowner association policies. The certification must be skined by the progedy owner or Attorney re resenirn the ro ertZ owner. The following certification shall accompany the application for a permit. 1, thoperty owner, certify as follows: (pick one) 171.his property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit do not require approval by the homeowners association or covenant beneficiary. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit have been approved by the homeowners association or covenant beneficiary. I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature. date: � Owner printed name? or, Attorney signature. date: Attorney printed name: Chris Bendon, AICD Director Community Development Department City of Aspen 130 5. Galena Street, 3`d Floor Aspen, CO 81611 RIE: Owner's Authorization Dear Chris, This letter is to certify that Sanctuary Residences LLP, owner of 725 Cemetery Lane in Aspen, Colorado give BMC Planning + Design permission to represent their interests with the City of Aspen with regard to the application for a Lot Split - Recordation Documents Review contained herein. BMC's contact information is provided below: BMC Planning + Design ATTN: Brian McNellis, Principal P.Q. Box 73 Aspen, CO 81612 brian@bmcpianning.com 970-948-0002 Managing Manager & r r ix A - C-,,C,AJ Printed Name Date Address V Phone Agreement to Pay Application Fees An agreement between the Laity of Aspen f"city"1 and Property Ken Libman as authorized by Sanctuary Phone No.: 970-4294959 Owner ("I"): Residences LLP Email: kiibmangfibmangroup.com Address of 725 Cemetery Lane Billing 520 E. Hyman Ave., Suite 213 Property: CO81511 Address: Aspen, Aspen, CO81611 (subject of (send bills here) application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application Completeness, I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees. i agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $. 0 flat fee for Select Dept $ 0 flat fee for Select Dept $ D flat fee for Select Dept $ 0 fiat fee for Select Review For deposit rases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. 1 understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and 1 understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. 1 agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 975 deposit for 3 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ 2-75 deposit for 1 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $275 per hour. City of Aspen: Chris Bendon Community Development Director Prop owner: Name: Ken Libman :12:50 City Use: ■ VFees ? l? il:?'0.). j?(-j�9tC�#lC ATTACHMENT 2 -LAND USE APPLICATION PROJECT: Name: Hutton Lot Split Location: 725 Cemetery Lane, Aspen, CO (Indicate street address, lot & block number, legal description where a ro riate Parcel ID # UIRED 2735-122-00-008 APPLICANT: Name: Sanctuary Residences LLP (c/o Libman Development) Address: 520 E. Hyman Ave., Suite 213, Aspen, CO 81611 Phone #: 970-920-0007 REPRESENTATIVE: Name: BMC Planning + Design (Brian L. McNeliis - principal) Address: P.Q. Box 73, Aspen, CO 81612 Phone #: 970-948-0002 V� 1 YPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View PIane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment [ [ Other: ❑ Conditional Use EmSTING CONDITIONS; (description of existing buildin s, uses, previous approvals, etc. he property was granted a Lot Split ;i ,punt: - -_ . _ . ,u Uraanance 22 of 2015. There currently exists a single-family residence on the property. PROPOSAL: (description of proposed buildings, uses, modifications etc. rye applicant wishes to iu;;uiu ine Lot Split as approved pursuant to Ordinance 22 of 2015. mave you attacnea the touowingy FIEEs DUE: S [ x i Pre -Application Conference Summary x [ Attachment #1, Signed Fee Agreement [ x ] Response to Attachment #3, Dimensional Requirements Form [ ] Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5" X i 1" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Huttoi i )lit buGui i iui iib rcut urdation Applicant: Lot 1 = 22.023 ac. Lot 2 = 17.681 ac. Location: 725 Cemetery Lane. Aspen. CO Zone District: R-15 Lot Size: Lot 1 = 22.023 ac. Lot 2 = 17.681 ac. _ Lot Area: Lot 1 = 17,681 (minus access easement) ac. Lot 2 17.581 ?^ for areas within the high water mark, easements, and steep slopes. Please reter to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed Proposed: Number of residential units: Existing: Proposed.• Number of bedrooms: Existing:— xisting:— Proposed. Proposed % of demolition (Historic properties only): ' DIMENSIONS: Floor Area: Existing: Principal bldg. height: Existing.- Access. xisting:Access. bldg. height: Existing: Allowahle: Proposed.• Allowable: Proposed.• Allowable: Proposed. On -Site parking: Existing: Required: , Proposed.• % Site coverage: Existing: Required.• Ni`' __Proposed: % Open Space: Existing: Required. • NA Proposed: Front Setback: Existing: Required.. 25 ft Proposed: Rear Setback: Existing: Required.• 10 ft Proposed. Combined FIR: Existing: Required. 35 ft Proposed. Side Setback: Existing: Required.• 10 ft Proposed: Side Setback: Existing: 1 ("' `` Required: 10 ' Proposed- Combined Sides: Existing: Required.• 20 ft Proposed. Distance Between Existing Required. Proposed Buildings Existing non -conformities or encroachments: Variations requested: 1611 l�I x I I [WAAL m D U3 > � D m Cno oQ N Cod - ci D� x - m c� W N O ( o FND. CITY OF ASPEN GPS MONUMENT #GPS -11(N) ELEV=7849.59' NAVD'88 ILE I&V AMMI&V b FND. 4" BRASS DISC "1954 SEC CORNER 1-2-11-12 US CADASTRAL" OF p�PSTtc CN? pLs� Rip p�PSTtC GS X13106 �'Nd� Ow pUAS�tC CN5 76.1 ��� FNd.5�8 W 1No\N C,0� ' TR1C FND. CITY OF ASPEN GPS MONUMENT #GPS -10(N) �� ELEV=7871.92' NAVD'88 N 36°51'49" W 1517.03' MEASURED BENCHMARK AND ELEVATION DATUM USED HEREON (N 36`01'17" W 1517.09' MARCIN/CITY) t: _N 08'16'58" W 520.89' MEASURED TIE �� FND. 5/8" REBAR NO CAP 1 S ?6 2 V,4v FND.S j8"YELLOW PLASTIC CAP LS #28643 �'P�R F , QFg 5 LEGEND / SSMH - SANITARY SEWER MANHOLE / CMP - CORRUGATED METAL PIPE / ( ) - DENOTES OFFICIAL RECORD INFORMATION LAT. - LATERAL W.V. - WATER VALVE R/W - RIGHT OF WAY (CITY OF ASPEN) EP - EDGE OF ASPHALT PAVEMENT QO - SET 5\8" REBAR WITH YELLOW PLASTIC CAP LS #24312 (UNLESS OTHERWISE NOTED) -T &E- - TELEPHONE & ELECTRICAL LINE GRAPHIC SCALE _W_ — GAS LINE - WATER LINE 20 0 10 20 40 80 ADJ - ADJACENT FND. - FOUND IN FEET 1 inch = 20 ft. FND. 4" BRASS DISC "1954 1/4 CORNER" ASPEN CITY COUNCIL APPROVAL AND ACCEPTANCE: THIS HUTTON LOT SPLIT WAS APPROVED AND ACCEPTED BY THE CITY COUNCIL OF THE CITY OF ASPEN THIS -------- DAY OF -------------------- 2016. M AYOR CITY CLERK COMMUNITY DEVELOPMENT APPROVAL: THIS HUTTON LOT SPLIT WAS REVIEWED AND APPROVED BY THE CITY OF ASPEN, COMMUNITY DEVELOPMENT DIRECTOR THIS -------- DAY OF -------------------, 2016. COMMUNITY DEVELOPMENT DIRECTOR ENGINEERING DEPARTMENT REVIEW: THIS HUTTON LOT SPLIT PLAT WAS REVIEWED FOR THE DIPICTION OF THE ENGINEERING DEPARTMENT SURVEY REQUIREMENTS. THIS -------- DAY OF ___________________, 2016. CITY OF ASPEN CONDITIONS OF APPROVAL: 1, THE DRIVEWAY AND CURB CUT CONFIGURATION (AS NOW EXISTS) SHALL BE ABANDONED. 2. ACCESS TO THE NEWLY CREATED LOT 1 (NORTH LOT BY THIS PLAT) IS REQUIRED TO BE OFF THE EXISTING 20' "NON-EXCLUSIVE EASEMENT" AS RECORDED IN BOOK 572 PAGE 384. A NEW CURB CUT ALONG CEMETERY LANE WILL NOT BE PERMITTED ON SAID LOT 1. 3. LOT 2 (SOUTH LOT BY THIS PLAT) WILL BE ALLOWED ONE CURB CUT ALONG CEMETERY LANE. 4 01 IN wy V, ol 1 M7 ml 1. BENCHMARK: ELEVATIONS SHOWN HEREON ARE BASED ON FOUND MONUMENT CITY OF ASPEN GPS -10(N) AS SHOWN HEREON. NAVD '88 ELEVATION DATUM - MONUMENT ELEVATION = 7871.92' (PER MARCIN ENGINEERING/ASPEN GPS CONTROL SURVEY DATED 07/27/10) 2. BASIS OF BEARINGS: THE BEARING N 00'15'00" W BETWEEN FOUND MONUMENTS ALONG THE NORTH HALF OF THE WEST SECTION LINE OF SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, AS SHOWN ON THE PLAT ENTITLED "OPEN SPACE ANNEXATION NO. 1" FILED IN PLAT BOOK 4 AT PAGE 191 WAS TAKEN AS THE BASIS OF BEARINGS SHOWN HEREON. 3. LAND TITLE GUARANTEE COMPANY COMMITMENT ORDER NO. Q62006490-7 DATED DECEMBER 1, 2015 WAS USED IN PREPARING THIS SURVEY. 4, ALL DIMENSIONS SHOWN ARE IN FEET AND DECIMALS THEREOF. LEGAL DESCRIPTION: (PER VESTING DEED RECEPTION #369310) ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO, BEING A TRACT OF LAND SITUATED IN LOTS 3 AND 12, SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDAN, BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN BOOK 183 AT PAGE 271 IN THE RECORDS OF PITKIN COUNTY, SAID REAL PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF COUNTY ROAD, WHENCE THE WEST 1/4 CORNER OF SAID SECTION 12 BEARS SOUTH 58'17'00" WEST 1614.50 FEET; THENCE SOUTH 76°26'00" WEST 177.70 FEET; THENCE NORTH 25°14'00" WEST 204.22 FEET; THENCE NORTH 76°26'00" EAST 219.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID COUNTY ROAD; THENCE SOUTH 13'34'00" EAST 200.00 FEET ALONG THE WESTERLY LINE OF SAID COUNTY ROAD TO THE POINT OF BEGINNING. PITKIN COUNTY CLERK AND RECORDERS CERTIFICATE: THIS HUTTON LOT SPLIT PLAT IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO AT O'CLOCK M. THIS DAY OF 2016 IN PLAT BOOK AT PAGE AT RECEPTION NO. PITKIN COUNTY CLERK AND RECORDER CITY ENGINEER i '_ � � � �' •1 sly •ll i_■ • KNOW ALL MEN BY THESE PRESENTS THAT SANCTUARY RESIDENCES, LLP, A COLORADO LIMITED LIBILITY PARTNERSHIP BEING THE FEE SIMPLE OWNER OF THE PROPERTY HEREIN DESCRIBED HAS BY THESE PRESENTS LAID OUT AND PLATTED THE SAME INTO LOTS 1 AND 2 HUTTON LOT SPLIT SHEETS ONE TO ONE EXECUTED THIS ---- DAY OF -------------, 2016 HARRIS A. CAHN AS MANAGER OF SANCTUARY RESIDENCES, LLP, A COLORADO LIMITED LIABILITY PARTNERSHIP STATE OF COLORADO ) COUNTY OF PITKIN ) THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS DAY OF --------, 2016 BY HARRIS A. CAHN AS MANAGER OF SANCTUARY RESIDENCES, LLP, A COLORADO LIMITED LIABILITY PARTNERSHIP AS AS OWNER OF THE LANDS WITHIN THE DISTINCTIVE BOUNDARY LINE SHOWN HEREON WITNESS MY HAND AND OFFICIAL SEAL, MY COMMISSION EXPIRES: mm NOTARY PUBLIC TITLE CERTIFICATE: LAND TITLE GUARANTEE COMPANY DOES HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LAND SHOWN UPON THIS PLAT AND THAT TITLE TO SUCH LANDS IS VESTED FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES EXCEPT NOTARY PUBLIC CERTIFICATE: STATE OF COLORADO COUNTY OF PITKIN THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF --------- 2016 BY OF LAND TITLE GUARANTEE COMPANY, WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NOTARY PUBLIC AS I, ROBERT C. HUTTON, PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT I HAVE PREPARED THIS HUTTON LOT SPLIT, THAT THE LOCATION OF THE OUTSIDE BOUNDARY, ROADS AND OTHER FEATURES ARE ACCURATELY AND CORRECTLY SHOWN HEREON, THAT THE SAME ARE BASED ON FIELD SURVEYS AND THAT THE PLATTED SITE CONFORMS TO WHAT IS STAKED ON THE GROUND, AND THAT THE ACCURACY OF ALL BOUNDARY BEARINGS, DISTANCES AND CLOSURES SHOWN HEREON ARE BETTER THAN 1:15,000, IN WITNESS THEREOF, I HAVE SET MY HAND AND SEAL THIS - - - - DAY OF ROBERT C. HUTTON, PLS #24312 s FND. CITY OF ASPEN GPS MONUMENT #GPS -11(N) E1 EV=7849.59' NAVD'88-_w►4jkFND.•� a2� �� ELEV 787192 TY OF ASPEN GPS S MONUMENT #GPS -10(N) ASPEN CITY COUNCIL APPROVAL AND ACCEPTANCE° ls'a g� �oZ�� �e� N 36'51'49" W 1517.03' MEASURED BENCHMARK AND ELEVATION DATUM USED HEREON ztn °Mount �� �oe'yon Il P �P'oQ,4 H U TO'N LOT SPLIT (N 36'01'17" W 1517.09' MARCIN/CITY) THIS HUTTON LOT SPLIT WAS APPROVED AND ACCEPTED BY THE CITY COUNCIL k � n View �. R G $ tto� ram e- s OF THE CIT OF ASPEN oe�tak you' Bun( Ln. �Q�nco men gtid9e h'e� �`• e FOR THE PURPOSES OF CREATING LOT 1 AND LOT 2 OF THE THIS _-� -2- DAY OF ____- _ _- n�� �t.f_ -N 08'16'58' W 520.89' MEASURED TIE `� gie� N ,� HUTTON LOT SPLIT PURSUANT TO ASPEN CITY COUNCIL ORDINANCE NO. 22 �. , �o �" AZ alt S°C��' BY: f BY: 'zip n �, y Aspe zn �H rater SERIES 2015 RECORDED AUGUST 4, 2015 AT RECEPTION NO. 622107. FND. 5/8" REBAR NO CAP MAYOR CITY CLERK o Insty o PROJECT y Music FoT1� OCATION Tent Q Gille i od uck Z_ST04Z co, Q BOE 28� ➢ a 4� tia� �N w 9 or ie ��3�cEtRWp,`l� BoOK 14 COMMUNITY DEVELOPMENT APPROVAL: x r o pt -P Pim F�NpE to v THIS HUTTON LOT SPLIT WAS REVIEWED St (PEi SPL�•(R � � � Maroon �`Qe Rost,. o � b '� � t ll w ,�; .d- Yo. out R,�EWP z b AND APPROVED BY THE CITY OF ASPEN, COMMUNITY DEVELOPMENT � 470 Q% P A`�EO N au, k ns w y �3 ran 'Ifi _ p0'i NN1� o DIRECTOR THIS _ _DAY OF -_ __------____-, 2016. o FND. 4" BRASS DISC "1954 SEG CORNER 1-2-11-12 US CADASTRAL" RQ FERC N 1 ,�•� X219 PSP '�or/ sn o fie, A o2r cV "t o CQUpOD O�COP BY: Itis 3 Q,�o Bee ey/ �� COBluebo Daolitt aEB�q 5-72 _ 5(a Larksp r"e Gi a I FNp,5%$ N�� 2O �pER ���© ARE.F �, o N � �c lb rt S mit St. r tl,gv ! EASE _ ADEN tees ;, ENGINEERING DEPARTMENT REVIEW: 4 Ue 4 345 �. /"� I SSC CRP �S 1NEv �'I� vL ti / THIS HUTTON LOT SPLIT PLAT WAS REVIEWED FOR THE VICINITY MAP `liz p� $,RE© pia P S #131, e� QN�tED aR , -- �� '� DIP€CTION OF THE ENGINEERING DEPARTMENT SURVEY REQUIREMENTS. FNp,5 / S CIC CA 0 p0 a. ASPP A�I --''`�'�'� P� A S 762 �-- 0. o /I THIS DAY OF - - -------- 2016, N.T.S. ate p O'� --�* > F� c� RR`` r CERTIFICATE OF DEDICATION AND OWNERSHIP: 50- B Y: S 60.�'['� CITY ENGINE KNOW ALL MEN BY THESE PRESENTS THAT SANCTUARY RESIDENCES, LLP, 1 - ' s A COLORADO LIMITED LIBILITY PARTNERSHIP LOT 1 a -� BEING THE FEE SIMPLE OWNER OF THE PROPERTY HEREIN DESCRIBED \"wa GROSS AREA = 22,023± SQUARE FEET HAS BY THESE PRESENTS LAID OUT AND PLATTED THE SAME INTO LOTS 1 AND 2 HUTTON LOT SPLIT SHEETS ONE TO ONE 00y EXECUTED THIS _ DAY OF --_, 2016 o-� �q► fig, a(,■,• BY: lie i�g �;• \` lHOLDEN MAROLT DITCH EASEMENT IS N N �( (PER RECEPTION #626319) HARK A. CAH AS MANAGER OF SANCTUARY RESIDENCES, LLP, A COLORADO LIMITED LIABILITY PARTNERSHIP NOTARY PU I CERTIFICATE: L�1�1� �, BL C C TE � 1 � 'OQ" � COUNTYSTATE OF PITKIN ) ,RONWOODS CONDOMINIUMS O '7 THE ) (PER PLAT BOOK 26 PAGE 17) \ THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS C&DAY OF 2016 BY HARRIS A. CAHN AS MANAGER OF SANCTUARY RESIDENCES, LLP, A COLORADO LIMITED LIABILITY PARTNERSHIP AS � ap AS OWNER OF THE LANDS WITHIN THE DISTINCTIVE BOUNDARY LINE SHOWN HEREON It ac p WITNESS MY HAND AND OFFICIAL SEAL. co ! c ��, IQs .9 �� LOT MAY COMMISSION EXP€RES: A? &*Aoz 0 m a o)� �; �� \ GROSS AREA = 17,681± SQUARE FEET N BY: ' 0 0 o �� Q` _. NOTAR( o `' to w �� a - - s \ TITLE CERTIFICATE: 2n m t LAND TITLE GUARANTEE COMPANY DOES HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LAND SHOWN UPON THIS 11 PLAT AND THAT TITLE TO SUCH LANDS IS VESTED FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES EXCEPT ! HOLDEN MAROLT DITCH EASEMENT / v (PER RECEPTION #626319) 9�10i 6 NOTARY PUBLIC CERTIFICATE: 4� � �'��% •�'� „ � ,vN1S STATE OF COLORADO CO�1DGE g1) / COUNTY OF PITKIN C�RPMA�B©OK 15 j / THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF-----�_> 2016 BY --=----------- =--- AS 1 P X01 CITY OF ASPEN CONDITIONS OF APPROYAL: m r�ii ; p�pS-,1c A0:3,5 30 / LOT 1 AND LOT 2 HEREON ARE SUBJECT TO THE TERMS, CONDITIONS AND PROVISIONS OF ORDNANCE NO. 22 __________`_ OF LAND TITLE GUARANTEE COMPANY. > 5 g'-(Cv COR�Av / (SERIES OF 2015) RECORDED ON AUGUST 4, 2015 AT RECEPTION NO. 622107 - LISTED fN PART AS FOLLOWS: WITNESS MY HAND AND OFFICIAL SEAL o I O 1. THE EXISTING DRIVEWAY AND CURB CUT CONFIGURATION SHALL BE ABANDONED UPON DEMOLITION OF MY COMMISSION EXPIRES: I THE EXISTING RESIDENCE. 2. ACCESS TO THE NEWLY CREATED LOT 1 IS REQUIRED TO BE OFF THE EXISTING 20' "NON-EXCLUSIVE � r �6,26W >op' CQURs� / EASEMENT" AS RECORDED IN BOOK 572 AT PAGE 384. A NEW CURB CUT ALONG CEMETERY LANE WILL NOT NOTARY PUBLIC S OLF BE PERMITTED ON LOT 1. G OF AS`�tN / 3. LOT 2 SHALL BE ALLOWED ONE CURB CUT ALONG CEMETERY LANE. ,l� 4. IF OBJECTIONS BY THE GRANTEES OF THE EASEMENT RECORDED IN BOOK 572 AT PAGE 384 PREVENT THEN�-PIt / USE OF SAID EASEMENT BY LOT 1; LOTS 1 AND 2 SHALL ONLY BE PERMITTED ONE CURB CUT TO SERVE FND.5/8 YELLOW PLASTIC CAP LS #28643 BOTH LOTS 1 AND 2, SUBJECT TO APPROVAL BY CITY ENGINEERING. SURVEYOR'S CERTIFICATE: SURVEYORS NOTES: I, ROBERT C. HUTTON, PROFESSIONAL LAND SURVEYOR IN THE. STATE OF COLORADO, / i. BENCHMARK: ELEVATIONS SHOWN HEREON ARE BASED ON FOUND MONUMENT CITY OF ASPEN DO HEREBY CERTIFY THAT I HAVE PREPARED THIS HUTTON LOT SPLIT, THAT THE LOCATION GPS -10(N) AS SHOWN HEREON. NAVD '88 ELEVATION DATUM - MONUMENT ELEVATION = 7871.92' OF THE OUTSIDE BOUNDARY, ROADS AND OTHER FEATURES ARE ACCURATELY AND CORRECTLY (PER MARGIN ENGINEERING/ASPEN GPS CONTROL SURVEY DATED 07/27/10) SHOWN HEREON, THAT THE SAME ARE BASED ON FIELD SURVEYS AND THAT THE PLATTED SITE I f 2. BASIS OF BEARINGS: THE BEARING N 00°15'00" W BETWEEN FOUND MONUMENTS ALONG THE NORTH HALF OF THE CONFORMS TO WHAT 1S STAKED ON THE GROUND, AND THAT THE ACCURACY OF ALL BOUNDARY / WEST SECTION LINE OF SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, AS SHOWN ON THE PLAT ENTITLED "OPEN SPACE ANNEXATION NO. 1" FILED IN PLAT BOOK 4 AT PAGE 191 WAS TAKEN AS THE BEARINGS, DISTANCES AND CLOSURES SHOWN HEREON ARE BETTER THAN 1:15,000, IN BASIS OF BEARINGS SHOWN HEREON WITNESS THEREOF, 1 HAVE SET MY HAND AND SEA3. L � " pSVR��R`��•�� DTITLE GUARANTEE COMMITMENT I -7 VESTING WAS USED IN PREPARING THIS SURVEY -DATED DECEMBER �, 2015 AND I THIS- DAY OF - - --- 2016. 4. ALL DIMENSIONS SHOWN ARE IN FEET AND DECIMALS THEREOF. ROBERT C. HUTTON, PLS #24312 LEGAL DESCRIPTION:� I qq 4'.0/s 5�LOT 1: (AS SHOWN HEREON AND DESCRIBED IN ORDINANCE NO. 22, SERIES 2015) GE / s LEN D / ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO, r SSMH - SANITARY SEWER MANHOLE EING ALL OF LOT 1 AS SHOWN ON THAT CERTAIN PLAT ENTITLED "HUTTON LOT SPLIT" FILED a�Za- / CMP - CORRUGATED METAL PIPE i Qm_aa�-w _T_ 2016 IN PLAT BOOK AT PAGE RECORDS OF THE PITKIN COUNTY CLERK AND RECORDER. � / ( ) DENOTES OFFICIAL RECORD INFORMATION a ��- HUTTON LOT SPLIT � �LA LAT. LATERAL LOT 2: (AS SHOWN HEREON AND DESCRIBED IN ORDINANCE NO. 22 SERIES 2015) W.V. WATER VALVEA'� ' R/W - RIGHT OF WAY (CITY OF ASPEN) ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO, / EP EDGE OF ASPHALT PAVEMENT BEING ALL OF LOT 2 AS SHOWN ON THAT CERTAIN PLAT ENTITLED "HUTTON LOT SPLIT" FILED FOR THE PURPOSES OF CREATING LOT 1 AND LOT 2 OF THE O - SET 5\5' REBAR WITH YELLOW PLASTIC 2016 IN PLAT BOOK AT PAGE _ RECORDS OF THE PITKIN COUNTY CLERK AND RECORDER. \ —�—' � HUTTON LOT SPLIT PURSUANT TO ASPEN CITY COUNCIL ORDINANCE N0. 22 CAP LS #24312 (UNLESS OTHERWISE NOTED) PITKIN COUNTY CLERK AND RECORDERS CERTIFICATE: SERIES 2015 RECORDED AUGUST 4, 2015 AT RECEPTION NO. 622107. / -T & E- TELEPHONE & ELECTRICAL LINE / GRAPHIC SCALE _G_ - GAS LINE THIS HUTTON LOT SPLIT PLAT IS ACCEPTED -W- - WATER LINE FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN CITY OF ASPEN PITKIN COUNTY COLORADO / 20 0 :0 20 40 sa ADJ ADJACENT COUNTY, COL DO AT O'CLOCK M. THIS DAY SCALE: 1" = 20' DATE: MARCH, 2016 / FND. FOUND OF , 2016 IN PLAT ROBERT C. HUTTON { BOOK% AT PAGE AT RECEPTION NO.VA PROFESSIONAL LAND SURVEYOR IN FEET) 725 CEMETERY LANE 1 inch = 20 ft. ASPEN, COLORADO 8161.1 lik-_ --FND. 4" BRASS DISC "1954 1/4 CORNER" PITKIN (!r0UNTYCL1rRK AND RECORDER (970) 544-9952 SHEET 1 OF 1 JOB# 104FINAL