HomeMy WebLinkAboutcoa.lu.an.Knowllwood Withdrawal.2003
Alan Richman, 08:56 AM 3/1812004, ~lication Withdrawl
Page 1 of 1
X-Sender: arichman@mai1.sopris,net
X-Mailer: QUALCOMM Windows Eudora Pro Version 4.0
Date: Thu, 18 Mar 200408:56:34 -0700
To: kathrynk@ci.aspen.co.us
From: Alan Richman <arichman@sopris.net>
Subject: Application Withdrawl
X - MX -Spam: final=O. 0090000000; heur=O .5000000000(0); stat=O. 00900.00.00.0.; spamtraq -heur=o.. 5 0.0.0.0.00.0.00.
(2004031801)
X - MX - MAIL-FROM: <arichman@sopris,net>
X-MX-SOURCE-IP: [216.237,72.68]
,X-MaiIScanner-Information: Please contact the ISP for more information
X..:MaiIScanner: Found to be clean
VI'I~
Kathryn - This is to confirm our telephone conversation of yesterday. As
the designated representative, I am hereby wi~ng the annexation
application for the Knollwood properties. Thaii1<:'you very much for your
assistance in this matter.
Printed for Kathryn Koch <kathrynk@ci.aspen.co,us>
3/18/2004
~
Memorandum
The OilY oJOspen
OilY Onorney's ODice
TO:
Mayor and Members of Council
FROM:
John P. Worcester
DATE:
October 27, 2003
RE:
Knollwood Property - Resolution Finding Compliance with
Municipal Annexation Act Following a Public Hearing
This matter is before you for a public hearing to determine compliance with certain provisions of
the Municipal Annexation Act of 1965 as part of the statutory required process for annexing
unincorporated property into the City. Attached for your consideration and review is a draft
resolution to be adopted following the public hearing. If Council determines at the public hearing
that compliance with these provisions exist, then an ordinance to annex will be prepared for
Council's consideration at a later date. As with all ordinances, a public hearing will be scheduled
as part of second reading of the annexation ordinance. The appropriate time for interested citizens
to offer comments on issues, other than compliance with the Municipal Annexation Act, regarding
the annexation of the parcel to the City would be during the second reading of the annexation
ordinance. The public hearing scheduled for the 14th can, therefore, be limited to the sole issue of
compliance with the relevant provisions ofthe Municipal Annexation Act.
At Council's regular meeting on April 28, 2003, Resolution No. 67, Series of 2003, was adopted.
That resolution found substantial compliance with Section 31-12-107(1), C.RS. (the technical
requirements for a petition for annexation); established May 24, 1999 as the date for a public
hearing to determine compliance with Sections 31-12-104 and 31-12-105, t.RS" (described
below); and authorized the institution of zoning procedures for land in the area proposed to be
annexed,
Because 1 00% of the property owners have consented to the proposed annexations, annexation
elections are not required. However, at the public hearing, Council must make a determination that
the proposed annexation is in compliance with Sections 31-12-104 and 31-12-105 of the state
annexation statutes. Appended hereto for your information is a copy of these state statutes.
Section 31-12-104, C.RS., sets forth specific eligibility requirements which Council must find and
determine at the scheduled hearing. These eligibility requirements, are incorporated within the
1
r\. ' n
proposed resolution. The fact:, ,flat support the determination of complIance will be presented by
staff at the hearing.
In addition, Section 31-12-105, C.R.S. imposes a set oflimitations on every annexation. It is these
limitations that Council must also consider at the public hearing scheduled for the 13th, I have also
attached a copy of a proposed resolution which you may adopt as Council's written findings and
determinations following the public hearing. The proposed resolution summarizes the limitations
of Section 31-12-105 in the form of factual statements that will nyed to be established at the public
hearing.
cc: City Manager
Community Development Director
City Engineer
City Clerk
JPW-10/21/2003-G:\john\word\memos\knollwood-res2-ann,doc
2
~
RESOLUTION NO.
(Series of2003)
A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, FINDING
COMPLIANCE WITH SECTIONS 31-12-104 and 31-12-105, C.RS., FOLLOWING PUBLIC
HEARING RELATIVE TO THE PETITION FOR ANNEXATION OF TERRITORY TO THE
CITY OF ASPEN, COMMONLY KNOWN AS THE "LOTS 1, 2 and 3, BLOCK 4
KNOLL WOOD SUBDIVISION" PROPERTY.
WHEREAS, on July 8, 2003, the owners of the property proposed to be annexed did file
with the City Clerk of the City of Aspen a Petition for Annexation of territory to the City of Aspen;
and
WHEREAS, on April 28, 2003, the City Council did adopt Resolution No. 67, Series of
2003, finding substantial compliance with Section 31-12-107(1), C.RS.; establishing September
22, 2003, as the date for a public hearing to determine compliance with Sections 31-12-104 and 31-
12-105, C.RS,; and authorizing publication of said hearing; and
WHEREAS, the public hearing was continued on September 22,2003 to October 27,2003;
and
WHEREAS, the City Council desires, to adopt its findings and determinations following
said hearing in the form of a resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1
That having heard and considered the testimony, comments, exhibits and arguments of all
persons appearing at the public hearing, the City Council of the City of Aspen makes the following
findings and determinations in accordance with the Colorado Municipal Annexation Act, as
amended:
1. The City Clerk, in accordance with Resolution No. 67, Series of 2003, did
give public notice pursuant to Section 31-12-108, C.R.S., of the public hearing, by causing
to be published once a week for four consecutive weeks mThe Aspen Times, a newspaper
of general circulation in Pitkin County, the first publication being at least thirty (30) days
prior to the date of the public hearing. In addition, the City Council did send to the Pitkin
County Board of County Commissioners, to the County Attorney of Pitkin County, and to
the Aspen School District, a copy of the aforesaid resolution and petition.
2. That the property proposed to be annexed consists of unincorporated area
which has more than one sixth boundary contiguity with the City of Aspen.
3. That a community of interest exists between the area proposed to be
annexed and the City of Aspen; that said area is urban or will be urbanized in the near
future; and that said area is integrated with or is capable of being integrated with the City of
Aspen. The basis of compliance with the foregoing is the fmding by City Council that the
area to be annexed exceeds the one-sixth contiguity requirement and:
a. Less than one-half of the land in .the area proposed to be annexed
(including streets) is agricultural, and none ofthe owners of such agricultural
land, if any, have expressed an intention, under oath, to devote the land to
agricultural use for a period of not less than five years; and,
b. It is physically practicable to extend to the area proposed to be
annexed those urban services which the City of Aspen provides in common
to all of its citizens on the same terms and conditions as such services are
made to such citizens.
4. The property proposed to be annexed was not divided into separate parts or
parcels from any other tract or parcel of real estate without the written consent of the
landowners thereof to establish the boundaries of the property described in the annexation
petition. (One hundred percent of the owners of the proposed area to be annexed have
consented to the annexation.)
5. The owners of the property proposed to be annexed have consented in
writing to the annexation. Accordingly, the limitation set forth at Section 31-12-1 05(b) is
not applicable. '
6. There is no other annexation proceeding, other than the one under
consideration herein, which has been commenced either in the City of Aspen or any other
municipality which affects the property proposed to be annexed. Accordingly, the limitation
set forth at Section 31-12-105( c) is not applic'able.
7. Annexation of the property proposed to be annexed would not result in the
detachment of any area from any school district and the attachment of the same to another
2
school district. Accordingly, the limitation set forth at Section 31-12-105(d) IS not
applicable,
8. Annexation of the property proposed to be annexed would not have the
effect of extending the boundary of the City of Aspen more than three miles in any
direction. Accordingly, the limitations set forth at Section 31-12-1 05{ e) relating to the
extension of municipal boundaries by more than three miles in anyone year is not
applicable.
9. The annexation of the property proposed to be annexed would be consistent
with the "Annexation Element to the Aspen Area Comprehensive Plan". Accordingly, the
requirement set forth at Section 31-12-105(e) relating to the requirement that a "plan" be
adopted for the property proposed to be annexed has been met.
10. In establishing the boundaries of the area to be annexed, no portion of a
platted street or alley is proposed to be annexed or the entire width of the alley or street is
proposed to be annexed. Accordingly, the limitation set forth at Section 31-12-105(f) has
been met.
11. The City of Aspen does not intend to deny reasonable access to landowners,
owner of an easement, or the ,owner of a franchise adjoining any street, alley, or highway,
upon annexation. Accordingly, the limitation set forth at Section 31-12-1 05(f) has been met.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the
_dayof
, 2003.
Helen Kalin Klanderud, Mayor
3
""
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a
true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held on the day hereinabove stated.
JPW-10/21/2003-G:\john\word\resos\knowllwood,doc
Kathryn S. Koch, City Clerk
4
11\
'VI c:...
Memorandum
The OilY oJAspeD
OilY Anorney's Office
TO:
Mayor and Members of Council
FROM:
John P. Worcester
DATE:
April 28, 2003
RE:
Resolution to Initiate Annexation Proceedings for KnolIwood Property
Attached for your consideration is a resolution that, if adopted, would initiate annexation
proceedings for the Knollwood property,
Lots 1, 2 & 3, Block 4 of the Knollwood Subdivision is located' on the east of town adjacent to
highway 82. Attached please find a copy ofthe annexation map,
This office and the Engineering Department have detennined that the petition complies with the
technical requirements for a petition pursuant to state annexation laws. According to state law, the
next step in the annexation process is for Council to set a date for a hearing, no less than 30 days
nor more than 60 days after the effective date of the attached resolution setting the date for the
public hearing, to detennine if the annexation complies with Sections 31-12-104 and 31-12-105,
C.R.S.
Section 31-12-104 of the Colorado Revised Statutes requires:
(a) That not less than one-sixth of the perimeter ofthe.area to be annexed is contiguous
with the annexing municipality, ...
and
(b) That a community of interest exists between the area proposed to be annexed and
the annexing municipality; that said area is urban or will be urbanized in the near '
future; and that said area is integrated with or is capable of being integrated with the
annexing municipality. ...
Section 31-12-105, C.R.S. sets forth certain limitations upon annexations. None of the limitations
in the statute appear to prevent this annexation (limitations on dividing land held in identical
ownership, commencement of annexation proceedings for annexation to other municipalities,
detachment of area from l~ooriliiitdd,prolii6iti~~ag;;;~~i exten~~;~ fu;;i;dbeYOnd three
miles in a single year, adoption of a plan for the area to be annexed, and requirement that entire
widths of streets be made a part of the annexed area). Nevertheless, a hearing must be held so
Council can make those specific findings.
Before this parcels can be annexed into the City the following steps must take place:
(a) A hearing before Council to determine compliance with Sections 31-12-104 and 31-
12-105, C.R.S. as described above.
(b) Land Use approvals, including zoning into the City. (The Ordinance establishing the
zoning can be acted on at the same time the annexation ordinance is adopted.)
Adoption of the attached resolution will cause staff to continue working on the above described
steps. Once the steps are completed, an ordinance will be presented to Council to formally annex
the area into the City.
REQUESTED ACTION: A motion to adopt Resolution No. ~Series of2003.
CITY MANAGER'S COMMENTS: C;-Z;~i ~~ ~~ ~
~)~*u--L~ ~ ~ ~~~~~r
JPW-08/06/2003-G: \john\word\memos\knollwood-annl ,doc
2
'Pitkin County Commissioners'
530East Main Street
Aspen, CO 81611
, Gentlemen
The City of Aspen, Council has scheduled a public hearing MOl1.daySeptember 22,
2003 at 5:00 p.m, in the City Council Chambers, on the propos~d annexation oflots 1,2, and
3, block 4, Kno11wood Subdivision~ .
, The purpose of the ,he,aring is to determine and make a finding whether the area
proposed for annexation is eligible for annexation. Please 911 the City Clerk's office at 920-
5060 i:(you have any questions. .
Kathryn S. Koch
, City Clerk '
. Enc10swe
_ Resolution #67, 2003
Petition for Anne~ation
By certified mail
130 SOUTH GALENA STREET' ASPEN, COLORADO 81611-1975 . PHONE 970,920,5000, FAX 970,9205197
www.aspengov.com
Printed on Recycled Paper
PETITION FOR ANNEXATION
TO THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO:
The undersigned petitioners, Ali Reza Rastegar and RG.B. Construction
Company ("Petitioners"), in accordance with the Municipal Annexation Act of 1965 as set forth
in Article 12, Title 31, Colorado Revised Statutes, as amended and as in effect on the submission
date set forth below ("Annexation Act"), hereby petition the City Council of the City of Aspen,
Colorado (the "City"), to annex to the City the unincorporated land located in the County of
Pitkin, State of Colorado, described on Exhibit A attached hereto (the "Annexation Property").
In support of this Petition for Annexation (this "Petition"), Petitioners allege that:
1. It is desirable and necessary that the Annexation Property be annexed to
the City.
2, Not less than one-sixth (1/6) of the perimeter of the Annexation Property
is contiguous with the City within the meaning of Section 31-12-104(1)(a) of the Annexation
Act.
3'. A community of interest exists between the Annexation Property and the
City,
4. The Annexation Property is urban or will be urbanized in the near future.
5. The Annexation Property is integrated with or is capable of being
integrated with the City.
6. Petitioners are the landowners of mor~ thanfifty percent (50%) of the
Annexation Property, exclusive of streets and alleys. Petitioners comprise more than fifty
percent (50%) of the landowners of the Annexation Property, exclusive of streets and alleys,
Proof of Petitioners' ownership of the Property is attached hereto as Exhibit C in the form a title
insurance commitment recently issued by Land Title Guarantee Company.
7, The Annexation Property is not presently a part of any other municipality;
nor have any proceedings been commenced for incorporation or annexation of an area that is part
or all of the Annexation Property as part of any other municipality; nor has any election for
annexation of the Annexation Property or substantially the same territory to the City been held
within the 12 months immediately preceding the filing of this Petition.
8. The proposed annexation of the Annexation Property will not result in
detachment of any area from any school district or attachm~nt of the same to another school
district.
9. The proposed annexation will not result in the extension of the municipal
boundary of the City more than three miles in any direction from any point of the current
municipal boundary in anyone year.
580992,2 JBJOHN 06/16/032:50 PM
10, The legal description of the land owned by Petitioners is set forth
underneath the name of each such Petitioner on Exhibit B attached hereto. The land owned by
Petitioners constitutes one hundred percent (100%) of the Annexation Property pursuant to
Section' 31-12-1 07 (1 )(g) of the Annexation Act.
11. The affidavits of the circulators Of this Petition certifying that each
signature on this Petition is the signature of the person whose name it purports to be and
certifying the accuracy of the date of such signature are attached hereto as Exhibit D and are
incorporated herein by this reference.
12, This Petition is accompanied by four prints of an annexation map
containing, among other things, the following information:
(a) A written legal description of the boundaries of the Annexation
Property;
(b) A map showing the boundary of the Annexation Property; and
(c) Next to the boundary of the Annexation Property, a drawing of the
contiguous boundary of the City abutting the Annexation Property within the meaning of
Section 31-12-104(1)(a) of the Annexation Act.
13. The requirements of Sections 31-12-104 and 31-12-105 of the Annexation
Act exist or have been met.
14. Petitioners hereby reserve the right to withdraw this Petition, and each
Petitioner hereby reserves the right to withdraw its or his signature of this Petition, at any point
prior to the later to occur of: (i) the roll call on the final vote py the City Council of the City of
Aspen to pass the ordinance approving the annexation of the Annexation Property; or (ii) any
later date agreed upon in an annexation agreement entered into by the Petitioner and the City,
lBEREFORE, Petitioners request that the City Council of the City of Aspen,
Colorado, complete and approve the annexation of the Annexation Property pursuant to the
provisions of the Annexation Act.
Signature of Landowner/Petitioner:
rv'lailing Add~ess:
132 McSkimming Road
Aspen; Colorado 81611
Resident of the Annexation Property? NO
Date of Signature: ~ll}- ~, 2003
j...........1<:..
580992,2 JBJOHN 06116/03 2:50 PM
2
~
Signature of LandownerlPetitioner:
Date of Signature: ~ t)e.. I" , 2003
'SllOCJCn ~ JRTOHN O'lf?9lfl'l 11-14 AM
Mailing Address:
777 Craig Road
Suite 230
St. Louis, MO 63141
Resident of the Annexation Property? NO
3
MEMORANDUM
TO:
John Worcester, City Attorney
Julie Ann Woods, Community Development
Nick Adeh, City Engineer '
FROM:
Kathryn Koch, City Clerk
DATE:
July 8, 2003
RE:
Petition for Annexation
Attached is a petition for annexation as well as a plat for Lots 1, 2,
and 3, Block 4, Knollwood Subdivision. Please review and let me know
when this should be scheduled before Council.
Attachments
,>.'"
" ......,I"....<.>.<<.,';..;,..,;.,..~{.'..:;:i..-.;..\-
_,.'.;:;,,;?_;,"i;;, ;"+,:,,L<,//., :_.:; -';'..>-:';:''!;~';:-i, '<ie.,.,. ,~;,<,-'-";_"
/"I~ ~~
01.."
, 7'~...."S~
g'(J~ 3613 rI~, ~ 5'1612
P~/74~ (970)92~/125
~~.Itet
July 2, 2003
Ms. Kathryn Koch, City Clerk
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
RE: ANNEXATION PETITION FOR LOTS 1, 2, AND 3, BLOCK 4, KNOLLWOOD
SUBDIVISION
Dear Kathryn,
Attached please find an annexation petition and annexation map I am submitting on behalf
of the owners of Lots 1, 2, and 3, Block 4, Knollwood Subdivision. We have discussed this
petition with the City Attorney and with the Community Development Department and have
followed their instructions in preparing and submitting this petition.
I would greatly appreciate it if you would inform meas to when this lllatter will be scheduled
for its initial consideration by the City Council so that I may attend the hearing.
Please advise me if there is anything else the City will require to process this petition.
Thank you for your assistance.
Very truly yours,
ALAN RICHMAN PLANNING SERVICES
fh.~~
Alan Richman, AICP
fc: Mr. J. Bart Johnson
"""
EXHIBIT A
TO PETITION FOR ANNEXATION
Legal Description of Annexation Property
Lots 1,2 and 3, Block 4, Knollwood Subdivision, County of Pitkin, State of Colorado.
580992,2 JBJOHN 06/16/032:50 PM
A-I
~
EXHIBIT B
TO PETITION FOR ANNEXATION
Legal Description of Property Owned
by Each Petitioner
Name of Landowner/Petitioner:
AU Reza Rastegar
Property owned bv the Petitioner:
Lots 2 and 3, Block 4, Knollwood Subdivision, County of Pitkin, State of Colorado.
Name of Landowner/Petitioner:
R.G.B. Construction Company
Property owned bv the Petitioner:
Lot 1, Block 4, Knollwood Subdivision, County of Pitkin, State of Colorado.
580992,2 JBJOHN 06116/032:50 PM
B-1
h
,
~
580992,2 JBJOHN 06116/03 2:50 PM
~
EXHIBIT C
PROOF OF OWNERSHIP
[see attached title commitment]
C-l
Old Republic National Title Insurance Company
ALTA COMMITMENT
Our Order No. Q384134
Schedule A
Cost. Ref.:
Property Address:
ASPEN, CO 81611
1. Effective Date:
March 14, 2003 at 5:00 P,M.
2. Policy to b~ Issued, and Proposed Insured:
"TBD" Commitment
Proposed Insured:
TBD
3. The estate or interest in the land described or rllfllrrll<lJ() iJ1.Jl1is~()mmi!mllJ1tl:1J1<1c,?y~e<ll111rein)s:
A Fee Simple
4. Title to the estate or interest coveredher.eiJ1 J~at!l1e llffective date l1.er.~f y~ec:l in:
R.G.B. CONSTRUCTIN CO,
5. The land referred to in this Commitment is des~ri):)ed as f()llows:
LOT 1, BLOCK 4, KNOLLWOOD SUBDIVISION
COUNTY OF PITKIN, STATE OF COLORADO
"
J'
ALTA COMMITMENT
Schedule B-1
(Requirements)
Our Order No. Q384134
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:
THIS COMMITMENT IS FOR INFORMATION ONLY, AND. NO POLICY WILL BE ISSUED
PURSUANT HERETO, '
-
"
ALTA COMMITMENT
Schedule B-2
(Exceptions)
Our Order No. Q384134
The policy or policies to be issued will contain exceptions to the following unless ~he same are disposed
of to the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records,
3. 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 the public records.
4, Any lien, or right to alien, for services, labor or material theretofor~ orherea,fterfuplished, 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.
6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office,
7, Any unpaid taxes or assessments against said land.
8, Liens for unpaid water and sewer charges, if any,
9, THE EFFECT OF INCLUSIONS IN ANY GEN:E:RAh OR SfljPFIC W AT:gRc:ONg~:RYANCY, FIRE
PROTECTION, SOIL CONSERVATION OR OTH:E:R DISTRICT OR INCI.,T)SION IN ANY WATljR
SERVICE OR STREET IMPROVEMENT AREA,
10. RIGHT OF WAY FOR DITCHES .oR CANALS CQNSTRYc:TljP ~X THJ:<;AgTH9RJ:TY QF THE
UNITED STATES AS RESERVED IN UNITEPSTAT:E;SPA TljNJR..gCOgpljD PJ:<;<::gM~J:<;R 14,
1911, IN BOOK 55 AT PAGE 196,
11. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SHOWN 9N THE .PLAT QFBI.pQ}4
KNOLLWOOD SUBDIVISION, RECORDED JANUARY 7,1963 IN PLAT BOOK 2A AT PAGE
286.
12. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITlJRE OR.@V:E:RT:E:R
CLAUSE, AS CONTAINED IN INSTRUMENT RECORD:E:D FEBRUARY ,10, 1961, IN BOOK 193
AT PAGE 196.
AN EASEMENT FOR UTILITIES AND MAINTENANGE, LOCATED WITHIN THE REAR 5 FEET
OF SAID LAND, AS SET FORTH IN THE INSTRUMENT ABOVE M.ENTIONEp.
ALTA COMMITMENT
Schedule B-2
(Exceptions)
Our Order No. Q384134
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:
13, TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORJ:)ER MARCH 29,1979 IN
BOOK 365 AT PAGE 670.
14. TERMS, CONDITIONS AND PROVISIONS OF LETTER RECORPEPMA~CH 29,1979 IN BOOK
365 AT PAGE 671.
15, TERMS, CONDITIONS AND PROVISIONS OF GRANT OF?ASEMENT RECORPEDMAY30, 1979
IN BOOK 369 AT PAGE 722 AND PRIVATE ROAD ANR P'IIl"rrX .?i'\SpM?NTA-(]RE?M~'I
RECORDED MAY 30,1979 IN BOOK 369 AT PAGE 715; GRANT OF EASEMENT RECORDED
MAY 30,1979 IN BOOK 369 AT PAGE 720, AND RATIFICATION AND EASEMENT GRANT
RECORDED JUNE 1, 1979 IN BOOK 369 AT PAGE 874.
16. ANY QUESTION, DISPUTE OR ADVERSE CLAIMS AS TO ANYl"OSS OR GA-INPfl"A-@ AS
A RESULT OF ANY CHANGElN THE RIVER BED LOCATION BX NA-'IRMLQRO'IHE:R TIIAN
NATURAL CAUSES, OR ALTERATION THROUGH ANY CAUS?" NATlJRAL ORUNNATURAI.., OF
THE CENTER THREAD, BANK, CHANNEL OR FLOW OF WATERS IN THE ROA.RlNG FORK
RIVER LYING WITHIN SpBJECT LAND; AND ANY QUESTION AS TO THE LOCATION OF
SUCH CENTER THREAD, BED, BANK OR CHANNEL AS A LEGAL D?SCRIPTION MONUM?NT
OR MARKER FOR PURPOSES OF DESCRIIUNG QR I..QCA- TING. SUBJ?GT 6ANP.S,
If\.
,
~ ,
,
Old Republic National Title Insurance Company
ALTA COMMITMENT
Our Order No. Q384531
Schedule A
Cust. Ref.:
Property Address:
ASPEN, CO 81611
1. Effective Date:
June 13, 2003 at 5:00 P.M.
2. Policy to be Issued, and Proposed Insured:
"TBD" Commitment
Proposed Insured:
TBD
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:
All REZA RASTEGAR
5. The land referred to in this Commitment is described as follows:
SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION
~
Our Order No. Q384531
L.ffit\L I:m:R Plla.J
PARCEL A:
LOT 2, BLOCK 4, KNOLLWOOD SUBDIVISION
COUNTY OF PITKINSTATE OF COLORADO
PARCEL B:
LOT 3, BLOCK 4, KNOLLWOOD SUBDIVISION
COUNTY OF PITKIN, STATE OF COLORADO
TOGETHER WITH:
A ROAD AND ACCESS EASEMENT 25 FEET IN WIDTH ACROSS LOT 4, BLOCK 4,RNOttWOOD
SUBDIVISION, PITKIN COUNTY, COLORADO (LOT 4) IN FAVOR OF LOTS l,t,ANb 3,
BLOCK 4, KNOLLWOOD SUBDIVISION, PITI<INCOUNTY, cotORf\.bO(f(jtS,J.,?,-11\1p3),
SAID EASEMENT SHALL BE LOCATED WITHIN THAT PORTION O'F LOt4totATEDNbRTHERty
OF A LINE BETWEEN TWO POINTS, THE FIRST POINT BEING 25 F'EETINX'sbUtltERt'Y "',
DIRECTION FROM THE NORTHEASTERLY CORNER OF LOT 4 AtONG tHEEAsTERNBOUNDA:R.YOP
LOT 4, THE SECOND POINT BEING 45 FEET IN ASOUTHERtYDIRECtroN F.R.OMTHE
NORTHWESTERLY CORNER OF LOT 4, ALL AS SHOWN ON THAt'tERtAINIMPROWMENTSStf:R.VEY
OF LOT 4 DATED MAY, 1979 AND MADE BY ALPINE SURVEYS,JAMESP:R.EESER,SURVEYOR,
WITHIN SAID AFORE-DESCRIBED NORTHERLY PORTlON OF tOt'4,tHEEASEMENTsHAtt'RUN
FROM THE NORTHERN BOUNDARY OF LOT4,WHERE'tOT 4 A13tJts STATE HfGlfWAy'gtXNDAN
ENTRANCE-WAY INTO LOT 4 CURRENTL YEXISITS, ALONG AN EXlStINCGRAbEDDRIVEWAY
SUPPORTED BY CRIBBING AND THENCE TO THE COMMON BORbER BETWEEN LOTS 3 AND
4,
COUNTY OF PITKIN, STATE OF COLORADO
,
ALTA COMMITMENT
Schedule B-2
(Exceptions)
Our Order No. Q384531
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. 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 and
inspection of the premises 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.
6, Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office.
7, Any unpaid taxes or assessments against said land.
8, Liens for unpaid water and sewer charges, if any.
9, DEED OF TRUST DATED JANUARY IS,2003,F~9MA~I.g~~1.&\~rg.g!\.g.IQJBr:~MI3lJc:
TRUSTEE OF PITKIN COUNTY FOR THE USE OF STER(INC BANK TO SECURE THE SUM OF
$975,000,00 RECORDED JANUARY 17,2003, UNDER RECEPTION NO.' 4775131\.S TO
PARCEL B ONLY,
10, DEED OF TRUST DATED JANUARY 27,2003, FROM ALIREZ1 RASTE91R'I'9'I'tI~ PlJ~9C
TRUSTEE OF PITKIN COUNTY FOR THE USE OF STERLING BANK TO SECURE THE SUM OF
$1,100,000,00 RECORDED FEBRUARY 03, 2003, ONDER RECEPTION NO, 4'78181 ASTO
. PARCELS A AND B.
11. DEED OF TRUST DATED JANUARY 24,200:3. F~O~.A.~!gg~AM~!~gAI{tQ,.tBg'~y~~tc
TRUSTEE OF PITKIN COUNTY FOR THE USE OF STERLIN'GBANIsT()SE9rmgTtI~SUM OF
$1,100,000.00 RECORDED FEBRUARY 10, 2003, UNDER RECEPTIONN'O, 4784M AS TO
PARCELS A AND B,
12, THE EFFECT OF INCLOSIONS IN ANY GENERA~ngsP~t1~ICt\lAt~R9(jI\JsgEYA~~y,FIRE
PROTECTION, SOIL CONSERVATION OR OTHER DISTRICTORI:NCU}SiON IN ANY WATER
SERVICE OR STREET IMPROVEMENT AREA,
13, RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AtJTH()RITY OF THE
;.'" . J-' , "", "'<<~"''''''( 'j,,;;''',,_ .' ;,1)'.';>/}, i"<"\'~\'(;:"';;';~\~"",{YJ:'~';;;"}!'~;:;:;iH_';;"i/,; ';,;\;;:);;':;"~,;4;/:(;',,:f;>;;;~::;-,{:;l;::;<l:i
o
ALTA COMMITMENT
Schedule B-2
(Exceptions)
Our Order No. Q384531
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORbED bECEMBER 14,
1911, IN BOOK 55 AT PAGE 196.
14. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SHOWN 'ON' THE PLAT OF BLOCK 4
KNOLLWOOD SUBDIVISION, RECORDED JANUARY 7,1963 IN:PtATBOOK2AAT :PACE
286,
15, RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITtJREORREVERTER
CLAUSE, AS CONTAINED IN INSTRUMENTRECOROEbFEBRlJARYIO,196f,lN Book 193
AT PAGE 196.
AN EASEMENT FOR UTILITIES AND MAINTENANCE, LOCATEb WlTHINTHEREAR 5 FEET
OF SAID LAND, AS SET FORTH IN THE INSTRUMENTABOVE MENTIONED,
16. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MARCH 29, 1979IN
BOOK 365 AT PAGE 670.
17, TERMS, CONDITIONS AND PROVISIONS OF LETTER RECORDEDMARCH2~Ci9191NBOok
365 AT PAGE 671.
18, TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT'REtORbEIYMAY 30,1979 '
IN BOOK 369 AT PAGE 722 AND PRIVATE ROAD AND UTILITYEASEMENf XG:REEMENT'
RECORDED MAY 30, 1979 IN BOOK s69 ATPACE1l5;CRANTOFEASEMENf'REc;<JRDED
MAY 30,1979 IN BOOK 369 AT PAGE 720, AND RATIFICATIONAND!EA$EMENfGl~ANT'
RECORDED JUNE 1,1979 IN BOOK 369 AT PAGE 874,
EXHIBIT D
TO PETITION FOR ANNEXATION
Affidavit of Circulator
The undersigned, being of lawful age, who being first duly sworn upon oath
deposes and says:
That he/she was a circulator of the foregoing Petition for Annexation of lands to
the City of Aspen, Colorado, and that the sig ture of J, Bart Johnson as Attorney-in-Fact for Ali
Reza Rastegar thereon was witnessed by t e ci culator . the true and original signature of
the person whose name it purports to be, an tha e ate such' nature is correct.
STATE OF COLORADO
)
) ss,
)
COUNTY OF PITKIN
;0
The foregoing AFFIDA VIT OF CIRCULATOR was subscribed and sworn to before me
," of 0 U;t"(') , 2003, by-!-e. ~'i S, N'\-e-t1,v i (\ ,
!t' M"~o
,.' '<?Wlf
.:- ...lr- ";Ai' ,'ole
'" '
"t] ,~ ~ CO
\.:..:...'
~' ;-
hand and official seal.
ion expires: {-.;;(6 - ~ ~ (; ~
LdJ. ~
Notar ~b~. ,..
f?~
580992,2 JBJOHN 06/16/032:50 PM
D-l
~
Affidavit of Circulator
The undersigned, being of lawful age, who being first duly sworn upon oath
deposes and says:
That he/she was a circulator of the foregoing Petition for Annexation of lands to
the City of Aspen, Colorado, and that the signature of Fred M, Kemp as President of R.G.B.
Construction Company thereon was witnessed by the circulator and is the true and original
signature of the person whose name it purports to be, and tha date of such signature is
correct.
--
Circulator
STATE OF MISSOURI
COUNTY OF ::)\.~~\~
)
) ss.
)
The foregoing AFFIDAVIT OF CIRCULATOR was subscribed and sworn to before me
this ~ day of .j U'V1t< , 2003, by ~~l .~. YY\u~",<-\\ "
Witness my hand and official seal.
My commission expires:
,--
~- \'-\- a~lo
\\\t pIli
,~~~~y,. .l~O~f"
f* /Notary"~ ~
- . .... ...-
~c.!r-,. Seal....,sf
~,% ..... !'o<;:J"
",P,rl~}~'"
MARlNA PERNIK
St Louis County
My Commission Expires
Augusl 14, 2006
~Il7R7R 1 .lR.l0HN Mf191n~ l'4n PM
D-1