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HomeMy WebLinkAboutcoa.lu.an.Knowllwood Withdrawal.2003�,�II�J - -? (n3 mom= ok KNOLLWOOD N Alan Richman, 08:56 AM 3/18/2004 , Application Withdraw] Page 1 of 1 X-Sender: arichman@mail.sopris.net X-Mailer: QUALCOMM Windows Eudora Pro Version 4.0 Date: Thu, 18 Mar 2004 08:56:34 -0700 To: kathrynk@ci.aspen.co.us From: Alan Richman <arichman@sopris.net> Subject: Application Withdrawl X-MX-Spam: final=0.0090000000; heur=0.5000000000(0); stat=0.0090000000; spamtraq-heur=0.5000000000 (2004031801) X-MX-MAIL-FROM: <arichman@sopris.net> X-MX-SOURCE-IP: [216.237.72.68] X-MailScanner-Information: Please contact the ISP for more information X-MailScanner: Found to be clean Kathryn - This is to confirm our telephone conversation of yesterday. As the designated representative, I am hereby withdra ng the annexation application for the Knollwood properties. Than�you very much for your assistance in this matter. Printed for Kathryn Koch <kathrynk@ci.aspen.co.us> 3/18/2004 The City of Aspen Memorandum City pmorneV' Office 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 of the 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.R.S. (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, C.R.S., (described below); and authorized the institution of zoning procedures for land in the area proposed to be annexed. Because 100% 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.R.S., sets forth specific eligibility requirements which Council must find and determine at the scheduled hearing. These eligibility requirements are incorporated within the proposed resolution. The fact at 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 of limitations 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 need 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 RESOLUTION NO. (Series of 2003) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, FINDING COMPLIANCE WITH SECTIONS 31-12-104 and 31-12-105, C.R.S., 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 KNOLLWOOD 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.R.S.; establishing September 22, 2003, as the date for a public hearing to determine compliance with Sections 31-12-104 and 31- 12-105, C.R.S.; and authorizing publication of said hearing; and and WHEREAS, the public hearing was continued on September 22, 2003 to October 27, 2003; 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: Rartinn 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 in The 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 finding 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 of the 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 31-12-105(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 applicable. 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 31-12-105(e) relating to the extension of municipal boundaries by more than three miles in any one 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 31-12-105(f) has been met. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the day of , 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. Kathryn S. Koch, City Clerk JPW-10/21/2003-G:\john\word\resos\knowllwood.doc TO: FROM: DATE: RE: Memorandum Mayor and Members of Council John P. Worcester April 28, 2003 The City of Aspen City Amorney's Office Resolution to Initiate Annexation Proceedings for Knollwood 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 of the annexation map. This office and the Engineering Department have determined 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 determine 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: and (a) That not less than one -sixth of the perimeter of the area to be annexed is contiguous with the annexing municipality.... (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 a ool district, prohibition against extending city limits beyond 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 of 2003. CITY MANAGER'S COMMENTS: _ S u JPW-08/06/2003-G:\john\word\memos\knollwood-annl.doc A. t TH8 CITY OF. ASPEN August 20, 2003 Pitkin County Commissioners 530 East Main Street Aspen, CO 81611 Oentlemen .The City of Aspen Council has scheduled a public hearing Monday September 22, 2003 at 5:00 p.m: in the City Council Chambers, on the proposed annexation of lots 1, 2, and 3, block 4, Knollwood Subdivision. The purpose of the .hearing is to determine and make a finding whether the area proposed for annexation is eligible for annexation. Please call the City Clerk's office at 920- 5060 if you have any questions. Sincerely Kathryn S. Koch City Clerk Enclosure Resolution #67, 2003 Petition for Annexation By certified mail •r � 130 SOUTH GALENA STREET • ASPEN, COLORADO 81611-1975 • PHONE 970.920.5000 • FAx 970.920.5197 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 R.G.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. City. 3. A community of interest exists between the Annexation Property and the 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 more than fifty 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 attachment 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 any one year. 580992.2 JBJOHN 06/16/03 2:50 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 31-12-107(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: Property; (a) A written legal description of the boundaries of the Annexation (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 by 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. THEREFORE, 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: ALI REZA RASTEGAR By: Nam . ohns Title: Attomey-in-Ita6t Date of Signature: ate: -- , 2003 Mailing Address: 132 McSkimming Road Aspen, Colorado 81611 Resident of the Annexation Property? NO 580992.2 JBJOHN 0& 16/03 2:50 PM 2 Signature of Landowner/Petitioner: R.G.B. CONSTRUCTION COMPANY Title: Date of Signature:. , 2003 Mailing Address: 777 Craig Road Suite 230 St. Louis, MO 63141 Resident of the Annexation Property? NO S21199? J TRT(*M f15YN101 1114 AM -7 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 Sax 3613 , 4m, ", (4&vtd4 91612 July 2, 2003 Ms. Kathryn Koch, City Clerk City of Aspen 130 South Galena Street Aspen, Colorado 81611 w ry Senuiced P"ote/9ax (970)920-1125 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 me as to when this matter 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 /411 tt,^ 9,; 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 06/16/03 2:50 PM A-1 EXHIBIT B TO PETITION FOR ANNEXATION Legal Description of Property Owned by Each Petitioner Name of Landowner/Petitioner: Ali Reza Rastegar Property owned by the Petitioner: Lots 2 and 3, Block 4, Knollwood Subdivision, County of Pitkin, State of Colorado. Name of Landowner/Petitioner: Property owned by the Petitioner: R.G.B. Construction Company Lot 1, Block 4, Knollwood Subdivision, County of Pitkin, State of Colorado. 5809912 J6JOHN 06/16/032:50 PM B-I IOu:il-.30 �1 PROOF OF OWNERSHIP [see attached title commitment] 580992.2 JBJOHN 06/16/03 2:50 PM C-1 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 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: R.G.B. CONSTRUCTIN CO. 5. The land referred to in this Commitment is described as follows: LOT 1, BLOCK 4, KNOLLWOOD SUBDIVISION COUNTY OF PITKIN, STATE OF COLORADO 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 the same are disposed of to the satisfaction of the Company: Rights or claims of parties in possession not shown by the public records. 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. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT AREA. 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 14, 1911, IN BOOK 55 AT PAGE 196. 11. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SHOWN ON THE PLAT OF BLOCK 4 KNOLLWOOD SUBDIVISION, RECORDED JANUARY 7, 1963 IN PLAT BOOK 2A AT PAGE 286. 12. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS CONTAINED IN INSTRUMENT RECORDED FEBRUARY 10, 1961, IN BOOK 193 AT PAGE 196. AN EASEMENT FOR UTILITIES AND MAINTENANCE, LOCATED WITHIN THE REAR 5 FEET OF SAID LAND, AS SET FORTH IN THE INSTRUMENT ABOVE MENTIONED. 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 RECORDED MARCH 29, 1979 IN BOOK 365 AT PAGE 670. 14. TERMS, CONDITIONS AND PROVISIONS OF LETTER RECORDED MARCH 29, 1979 IN BOOK 365 AT PAGE 671. 15. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED MAY 30, 1979 IN BOOK 369 AT PAGE 722 AND PRIVATE ROAD AND UTILITY EASEMENT AGREEMENT 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 ANY LOSS OR GAIN OF LAND AS A RESULT OF ANY CHANGE IN THE RIVER BED LOCATION BY NATURAL OR OTHER THAN NATURAL CAUSES, OR ALTERATION THROUGH ANY CAUSE, NATURAL OR UNNATURAL, OF THE CENTER THREAD, BANK, CHANNEL OR FLOW OF WATERS IN THE ROARING FORK RIVER LYING WITHIN SUBJECT LAND; AND ANY QUESTION AS TO THE LOCATION OF SUCH CENTER THREAD, BED, BANK OR CHANNEL AS A LEGAL DESCRIPTION MONUMENT OR MARKER FOR PURPOSES OF DESCRIBING OR LOCATING SUBJECT LANDS. 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: ALI 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 11.10,10ok;1"' ' • 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, KNOLLWOOD SUBDIVISION, PITKIN COUNTY, COLORADO (LOT 4) IN FAVOR OF LOTS 1, 2, AND 3, BLOCK 4, KNOLLWOOD SUBDIVISION, PITKIN COUNTY, COLORADO (LOTS 1, 2, AND 3). SAID EASEMENT SHALL BE LOCATED WITHIN THAT PORTION OF LOT 4 LOCATED NORTHERLY OF A LINE BETWEEN TWO POINTS, THE FIRST POINT BEING 25 FEET IN A SOUTHERLY DIRECTION FROM THE NORTHEASTERLY CORNER OF LOT 4 ALONG THE EASTERN BOUNDARY OF LOT 4, THE SECOND POINT BEING 45 FEET IN A SOUTHERLY DIRECTION FROM THE NORTHWESTERLY CORNER OF LOT 4, ALL AS SHOWN ON THAT CERTAIN IMPROVEMENTS SURVEY OF LOT 4 DATED MAY, 1979 AND MADE BY ALPINE SURVEYS, JAMES F. REESER, SURVEYOR. WITHIN SAID AFORE -DESCRIBED NORTHERLY PORTION OF LOT 4, THE EASEMENT SHALL RUN FROM THE NORTHERN BOUNDARY OF LOT 4, WHERE LOT 4 ABUTS STATE HIGHWAY 82 AND AN ENTRANCE -WAY INTO LOT 4 CURRENTLY EXISITS, ALONG AN EXISTING GRADED DRIVEWAY SUPPORTED BY CRIBBING AND THENCE TO THE COMMON BORDER 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 15, 2003, FROM ALI REZA RASTEGAR TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF STERLING BANK TO SECURE THE SUM OF $975,000.00 RECORDED JANUARY 17, 2003, UNDER RECEPTION NO. 477513 AS TO PARCEL B ONLY. 10. DEED OF TRUST DATED JANUARY 27, 2003, FROM ALI REZA RASTEGAR TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF STERLING BANK TO SECURE THE SUM OF $1,100,000.00 RECORDED FEBRUARY 03, 2003, UNDER RECEPTION NO. 478181 AS TO PARCELS A AND B. 11. DEED OF TRUST DATED JANUARY 24, 2003, FROM ALI REZA RASTEGAR TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF STERLING BANK TO SECURE THE SUM OF $1,100,000.00 RECORDED FEBRUARY 10, 2003, UNDER RECEPTION NO. 478469 AS TO PARCELS A AND B. 12. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT AREA. 13. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE 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 RECORDED DECEMBER 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 PLAT BOOK 2A AT PAGE 286. 15. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS CONTAINED IN INSTRUMENT RECORDED FEBRUARY 10, 1961, IN BOOK 193 AT PAGE 196. AN EASEMENT FOR UTILITIES AND MAINTENANCE, LOCATED WITHIN THE REAR 5 FEET OF SAID LAND, AS SET FORTH IN THE INSTRUMENT ABOVE MENTIONED. 16. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MARCH 29, 1979 IN BOOK 365 AT PAGE 670. 17. TERMS, CONDITIONS AND PROVISIONS OF LETTER RECORDED MARCH 29, 1979 IN BOOK 365 AT PAGE 671. 18. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED MAY 30, 1979 IN BOOK 369 AT PAGE 722 AND PRIVATE ROAD AND UTILITY EASEMENT AGREEMENT 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. 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 sinec re of J. Bart Johnson as Attorney -in -Fact for Ali Reza Rastegar thereon was witnessed by tculator the true and original signature of the person whose name it purports to be, an�heate such 'nature is correct. STATE OF COLORADO ) ss. COUNTY OF PITKIN ) foregoing AFFIDAVIT OF CIRCULATOR was subscribed and sworn to before me I of j VY)e) , 2003, by W6 S• Mt4y I n Wifd y hand and official seal. co sion expires: - Qa -©04 4 v 4-P �a • C f iQ .�\� Notar ubli 580992.2 MOHN 06/16/03 2:50 PM D-1 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 o date of such signature is correct. Circulator STATE OF MISSOURI ) } ss. COUNTY OF� The foregoing AFFIDAVIT OF CIRCULATOR was subscribed and sworn to before me this a_5_ day of 3 uhP, 12003, by DC�,y . j G . YYlyjc�.� 1� � Witness my hand and official seal. My commission expires: �- �L�- ac-'6u t," - !��4 � Notary Public iuorarY. *_ dip M\�SpJ 11��11� MARINA PERNIK St. Louis County My Commission Expires August 14, 2006 SR75M 1 TR TOBW W IW01 I W PM 1 !- 1 ■ Complete items 1, 2, and 3. Also complete A. item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. B. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ASpErn Sci%*a 1101a olt z o kq� Road �, sPe-f\ t Co 2 C-0 0 2. Article Number (Transfer from sen PS Form 3811, Au, L ❑ Agent �d by Printed Name) C. Date of Delivery �_ Z(r LID �ry address different from item 1? ❑ Yes enter delivery address below: ❑ No 3. Service Type ertified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes V) 7002 0510 0003 5498 02 2001 Domestic Return Receipt 102595-02-M-1540 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: PJVU'% COUA-y ��mon�sS�onERs 5 3 'C) E AS\ MA,l\ S- E jkSPEh , C o gt(J1t A. Sig natur ()(If ❑ X Agent ❑ Addressee B. �epeiv�by (t rimed N e) C. Date ofl Delivery 11`r S �i✓ D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Servi ype ertified Mail ❑Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7002 0510 0003 5498 172" (Transfer from service labe PS Form 3811, August 20(j, Domestic Return Receipt 102595-02-M-1540 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: ip,- iq L.A, ktto2nEy S rl VVN-Pir, REE\ O '2mo i i A. Signatur X ❑ Agent i' � � El Addressee B. � gived by (Print Narpe) C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Se ce Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes Article Number (Transfer from service labe 7002 0 510 0003 5498 171 PS Form 3811, August 20L) , Domestic Return Receipt 102595-02-M-1540 il 1 y 2 A N D 39 BLOCK 42 K N ® 14..i 1L W®O D SUBDIVISION AdV N E XA T I ON S®V'1KI ANNEXATION OF ASPEN o On PLAT BOOK 3 PAGE 132 zm S 29'16'30'E 31.90' S 29'31'30'E 17.80' S 29'37'00'E 67.80' ASPEN GLOVE-EASTWOOD=KNOLLWOOD \ ANNEXATION PLAT BOOK 19 PAGE 97 I'-50' S�. 1 0 50 100 CAL,LAI-iAN ANNEXATION \\ \/ EXISTING CITY LIMITS PARCEL NO, 2 PLAT BOOK 4 PAGE 554 i \ IS ii F .4 WAY i�i• ltl 4ft.94 82 PITKIN COUNTY CURVE DELTA ANGLE RADIUS ARC TANGENT CHORD CHORD BEARING C 1 29'50'00- 533.00' 277.53' 141.99' 274.40' S 44'32'00'E C 2 32'53'00' 533.00' 305.90' 157.29' 301.72' S 75'53'30'E C 3 18'45'02' 613.00' 200.61' 101.21' 199.72' S 82'57'29'E C 4 32'53 00' 603.00' 346.08' 177.95' 341.35' N 75'53'30'W C 5 29'22'05' 603.00' 309.08' 158.01' 305.71' N 44'45'57'W LOT 11 LOT 2 / LOT 3 /N I ' 3 KNOLLWOOD SUBDIVISION N 4 BLOCK 4 ROAMING FORKiRIVER N 89'31'00'W 213.00' ANNEXATION TABLE A V ® TOTAL ANNEXATION PARCEL BOUNDARY PERIMETER 2922.15 FEET �l E ONE SIXTH (1/6) PARCEL BOUNDARY PERIMETER 487.03 FEET CONTIGUOUS CITY BOUNDARY 1731.62 FEET. THE CONTIGUOUS BOUNDARY TO THE CITY OF ASPEN FOR THIS ANNEXATION MAP WAS ESTABLISHED FROM THE RECORDED ANNEXATION MAPS OF THE FOLLOWING: SOUTH ANNEXATION OF ASPEN PLAT BOOK 3 AT PAGE 132 CALLAHAN ANNEXATION PLAT BOOK 4 AT PAGE 554 ASPEN GROVE-EASTWOOD-KNOLLWOOD ANNEXATION PLAT BOOK 19 AT PAGE 97 ! ! ! ! ! ! DENOTES ANNEXATION CONTIGUOUS WITH EXISTING CITY LIMITS DENOTES ANNEXATION NON-CONTIGUOUS TO CITY LIMITS -,c> -, sa, ',�� it .��=•� __� �, 0 A I NN G t, \Y VICINITY ITY MAP ANNEXATION BOUNDARY DESCRIPTION LOTS 12 AND 3 BLOCK 4, KNOLLWOOD SUBDIVISION ANNEXATION IS COMPRISED OF LOTS 1,2 AN 3, BLOCK 4 KNOLLWOOD SUBDIVISION AND COLORADO STATE HIGHWAY NO. 82, PITKIN COUNTY COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH RIGHT-OF-WAY OF COLORADO STATE HIGHWAY NO. 82 IDENTICAL AS THE POINT LABELED SA16 SOUTH ANNEXATION OF ASPEN. THENCE S 29' 16' 30- E, A DISTANCE OF 31.90 FEET: THENCE S 29' 3 1 - 30- E, A DISTANCE OF 17.80 FEET: THENCE S 29' 37' 00' E A DISTANCE OF 67.80 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE' TO THE NORTHEAST, HAVING A RADIUS OF 533.00 FEET AND A CENTRAL ANGLE OF 29' 50' 00": THENCE SOUTHEAST ALONG SAID CURVE, A DISTANCE OF 277.53 FEET: THENCE S 59' 27' 00' E A DISTANCE OF 104.10 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAV� TO THE NORTH, HAVING A RADIUS OF 533.00 FEET AND A CENTRAL ANGLE OF 32' 53'00': THENCE EAST ALONG SAID CURVE, A DISTANCE OF 305.90 FEET: THENCE N 87' 40' 00' E, A DISTANCE OF 171.70 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 613.00 FEET AND A CENTRAL ANGLE OF 18' 45' 02': THENCE EAST ALONG SAID CURVE, A DISTANCE OF 200.61 FEET: THENCE S 12' 04' 00- W, A DISTANCE OF 282.93 FEET: THENCE N 89' 31' 00" W, A DISTANCE OF 213.00 FEET: THENCE N 60' 16' 00' E, A DISTANCE OF 228,68 FEET: THENCE S 87' 40' DO- W A DISTANCE OF 119.84 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 603.00 FEET AND A CENTRAL ANGLE OF 32'53'00': THENCE WEST ALONG SAID CURVE, A DISTANCE OF 346.08 FEET: THENCE N 59' 27' 00- W A DISTANCE OF 104.10 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 603.00 FEET AND A CENTRAL ANGLE OF 29' 22' 05 THENCE NORTHWEST ALONG SAID CURVE, A DISTANCE OF 309.08 FEET: THENCE N 00' 13' 10- E, A DISTANCE OF 141.10 FEET MORE OR LESS TO THE POINT OF BEGINNING: CERTIFICATION 1, JOHN HOWORTH HEREBY CERTIFY THAT THIS PLAT WAS PREPARED UNDER MY SUPERVISION. SIGNED THIS AY OF , 2003. JOHN HOWORTH P.L.S. 25947 CITY ENGINEER'S APPROVAL THIS ANNEXATION MAP WAS APPROVED BY THE CITY OF ASPEN DEPARTMENT OF ENGINEERING THIS _ DAY OF , 2003. NICK ADEH, CITY ENGINEER CITY COUNCIL APPROVAL THIS ANNEXATION MAP WAS APPROVED BY THE CITY COUNCIL OF THE CITY. PITKIN COUNTY COLORADO THIS _ DAY OF 2003. AS EVIDENCED BY ORDINANCE NO. SERIES 2003, RECORDED WITH THE CLERK AND RECORDER OF PITKIN COUNTY AS RECEPTION NO. MAYOR ATTEST, CITY CLERK CLERK AND RECORDERS CERTIFICATE THIS ANNEXATION MAP WAS ACCEPTED FOR FILING AT THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF PITKIN, STATE OF COLORADO AT _O'CLOCK M. THIS _ DAY OF 2003, AND RECORDED IN PLAT BOOK _ AT PTGE _ AS RECEPTION NUMBER CLERK AND RECORDER ASPEN SURVEY ENGINEERS, INC. 210 SOUTH GALENA STREET ASPEN, COLORADO 81611 PHONE/FAX (970) 925-3816 DATE JOB 4/03 32338C