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HomeMy WebLinkAboutcoa.lu.ec.Rowars/Smith Sunny North Park.A076-98PN: 2737-074-01007 Case #076-98 Rowars/Smith Lot Line Adjustment Lots 5, & 7, Sunnv Park North Subdivision EI - cl 128e CD COMMUNITY DEVELOPMENT DEUARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City of Aspen Land Use: 1041 Deposit( 1042 Flat Fee 1043 HPC 1046 Zoning and Sign Referral Fees: 1163 City Engineer 1205 Environmental Health 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection Other Fees: 1006 Copy 1302 GIS Maps 1481 Housing Cash in Lieu 1383 Open Space Cash in Lieu 1383 Park Dedication 1468 Parking Cash in Lieu Performance Deposit j 1268 Public Right-of-way 1164 School District Land Ded. TOTAL I NAME: �lLriy�[�arL 11�21Lea,Q�t ADDRESS/PROACT: FL n Y- { � PHONE: ` CHECK# CASE/PERMIT#: — # OF COPIES: ' DATE: INITIAL: 0 CASE NUMBER A076-98 PARCEL ID # 2737-074-01007 CASE NAME Rowars/Smith Lot Line Adjustment PROJECT ADDRESS Lots 5 and 7, Sunny Park North Subdivision PLANNER Sarah Oates (Chris Bendon) CASE TYPE Lot Line Adjustment OWNER/APPLICANT Charles M. Rowars REPRESENTATIVE Hal S. Dishler Esq./Kaufman & Peterson P.C. DATE OF FINAL ACTION Withdrawn CITY COUNCIL ACTION PZ ACTION ADMIN ACTION Resubbmitted as Case BOA ACTION DATE CLOSED 3/6/00 BY Chris Bendon 7 F-1 PARCEL ID: 12737-074-01007 DATE RCV 109/14/98 4 (! CASE NAME Rowars/Smith Lot Line Adjustment PROD ADDR: Lots 5 and 7, Sunny Park North Su . Lot Line Adjustment OWN/APP:' Charles M. Rowars DR c/o Pelican Bays, 499 CIS/Z.- Davie, F�33314 REP_ Hal S. Dishler Es /Kaufmar ADR 315 E. H man q. y Ave. C/S/Z: Aspen, CO 81611 FEES DUE: 450 (d► + 100 (e) S RSV 560 .DATE OF FINAL At CITY COUNCIL MAR additional applicant, Robert C. Smith and Glenda D. Smith, s PZ ;LOSED: B ?j.i/• DR - PLAT SUBMITD: �20 ways- 1/15- V� CASE N. A076-98 — 66 0 � 9 - REGEIVtu February 5, 1999 Hal S. Dishler, Esq. 315 E. Hyman Ave. Aspen, CO 81611 Re: Lot Line Adjustment — Sunny Park North Subdivision Dear Hal: 1999 HJrcti I ri i NuN CO UNITY DEVELOPMENT THE CITY OF ASPEN OFFICE OF THE CITY ATTORNEY This is in response to your letter dated January 19, 1999, in which you question the handling of the lot line adjustment application which was filed with the Community Development Department for the above referenced property. Let me begin by stating that the application has not been denied. What has happened is that a determination was made that the lot line adjustment could not be signed off as an administrative matter by the Director of the Community Development Department. Under our existing Land Use Code, a lot line adjustment is exempt from the subdivision process if the application for a lot line -adjustment shows that "the request is to address a specific hardship." In that there has been no showing to date in the application that there is a specific hardship, the application must proceed as an application for subdivision. This will require the passage of an ordinance by City Council following a determination by them that the applicant meets the standards for subdivision. At this time, the best method to proceed is to contact Chris Bendon in the Community Development Department and ask him to process such a request. If you have any additional questions, please do not hesitate to call me. Sincerel , John P. Worcester City Attorney cc: Community Development Department Director Chris Bendon 130 SOUTH GALENA STREET - ASPEN, COLORADO 81611-1975 - PHONE 970.920.5055 • FAx 970.920.5119 Pnnted m Re M Paper 0 LAW OFFICES OF BROOKE A. PETERSON KAUFMAN & PETERSON, P.C. GIDEON I. KAUFMAN* HAL S. DISHLER " 315 EAST HYMAN AVENUE OF COUNSEL SUITE 305 ERIN L. FERNANDEZ- ASPEN, COLORADO 81611 ALSO ADMITTED IN MARYLAND ALSO ADMITTED IN TEXAS '^ ALSO ADMITTED IN FLORIDA January 19, 1999 HAND DELIVERED John Worcester, City Attorney City of Aspen 130 South Galena Aspen, CO 81611 Re: Lot Line Adjustment Application - Lots 7 an Dear John: TELEPHONE (970) 925-8166 FACSIMILE (970)925-1090 \ '1 7yq 0 9 - 0fr" 1/7ey's d I was extremely disappointed to be advised on Thursday, January 14, 1999, by Timothy McFlynn, Esq., that notwithstanding our previous efforts the Lot Line Adjustment Application referenced above had been denied. As I presume you are aware from prior conversations with Mr. McFlynn, the history of this land use application has been unusual, to say the least. The process was initiated when 1 met with Chris Bendon to review the application. At that time I was advised that there was a required analysis of allowable floor area, considering the effect of slope reduction imposed by the Ccde. An application was flied September 14, 1 yyo, that addressed all issues including the slope requirements and was to the best of knowledge, detailed and complete. Thereafter, I was informed that the application had been approved subject to the submittal of a recordable final plat. I immediately requested the surveyor who had completed the slope analysis and survey for the properties forward the requested plat; and expected the matter to be routinely completed. After what I believed to be an excessive period of time, my office engaged in numerous efforts to determine why the process had not been completed. I was contacted by Alain Degraeve, the ultimate purchaser of the interest from Robert C. and Glenda D. Smith and Mr. McFlynn. They indicated that they believed that the application had been either retroactively denied or, at the minimum, placed on hold. Thereafter, I contacted Chris Bendon, and had a telephone conference with him in which he explained to me that the orcester, City Attorney ,ry 19, 1998 62 2 I pplication was probably going to be denied based on a reconsideration of the application of the Code, in light of other unrelated lot line adjustment applications. I expressed, in my conversation with Mr. Bendon, our position that our application fit within the requirements of the Code (for a lot line adjustment) and (in my perspective) we acted in reliance on the represented process (and fully complied with such, as evidenced by our application package). We have relied on the prescribed process. Considerable time has passed and we have expended much time, effort and money to complete the application process. We were literally at the tail end of such process, when the retroactive activities had occurred. I related my thoughts to Mr. McFlynn. I understand he shared those views and expressed such to you i in a conversation that you had with him about a week and half ago. Notwithstanding such conversation, I am informed that the ultimate determination has not changed and that we have � inow been formally denied in our application, though I have not received written notice of same. Mr. Rowars and our firm greatly appreciate the efforts undertaken by you in trying to resolve this matter. Nonetheless, Mr. Rowars is extremely dissatisfied with the result of the process. Therefore, the purpose of this letter is to make a final written appeal to you, to use your good offices in an attempt to reinstate the approval and allow for a rapid completion of process. In the absence of such resolution, I believe that Mr. Rowars will seek appeal pursuant 26.116 or any relevant administrative review by the City Council and the judicial system, required. I have attached a duplicate copy of the Application to assist in your review of this RW and thank you again for your help. Sincerely, KAUFMAN 8t PETERSON, P.C. a Professional corporation By. Hal S. Dishler 1.15.99-nd 6, P January 28, 1999 VIA FAX Alain DeGraeve 925-3067 ASPEN PITKIN CONNU?i1TY DEVELOPME\T DEPARTMENT Re: A076-98 Rowars/Smith Lot Line :adjustment, Lots 5& 7 Sunny Park Subdivision Dear Alain: It was deemed that the above referenced case does not meet the requirements of a lot line adjustment as it is currently defined in the City of Aspen Land Use Code by the City planning office and City attorney's office. As the application is currently configured, it would require a subdivision review, in which City Council must review the re -mapping of land, to achieve the goal of swapping the desired property. If you have any other questions please feel free to contact the Community Development Department. Regards, Sarah Oates City Planning Technician 130 SOUTH GALENA STREET • ASPEN, COLORADO 81611-1975 •, PHONE 970.920.5090 • FAx 970.920.5439 PnnW m R-ded Pryer _ T 4 LAND USE APPLICATIOO PROJECT: APPLICANT: Name: Rowars/Smith Lot Line Adjustment Location: Lot 7 and 5 Sunny Park North Subdivision City of Aspen, Colorado (Indicate street address, lot & block number, legal description where appropriate) Name: Charles M. Rowars and R 9y0 Address: PSW152ndBS s 0201 P.O. Box 857 Phone #; Davie, Florida 33314 Basalt, Colorado 81621 970-925-8037 REPRESENTATIVE: Name:Hal S. Dishler, Esq. for and Timothy McFlynn, Esq. for Charles M. Rowars aYRobert Smithan en a mi Address:Kautman & Peterson, .C. Mcr1 nn, Pickett & 'Whitsitt 315 E. Hyymman Avenue, Aspen, CO 81611 320 W. Main St., Aspen, CO 81611 Phone #: 970-925-8166 970-925-2211 TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use Conceptual PUD Conceptual Historic Devt. Special Review F1 Final PUD (& PUD Amendment) 0 Final Historic Development Design Review Appeal ❑ Conceptual SPA Minor Historic Devt. GMQS Allotment Final SPA (& SPA Amendment) Historic Demolition ❑ GMQS Exemption Subdivision ❑ Historic Designation ❑ ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes Small Lodge Conversion/ Margin, Hallam Lake Bluff, condom iniumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use Other: Lot Line Adjustment Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Two (2) existing homes / one on each lot pursuant to Sonny Park North Boundgry Adjustment and Annexation Map recorded in Plat Book 20 at Page 2, Pitkin County recorder and reflecte in Statement of Exeption and Resolution recorded in PROPOSAL: (description of proposed buildings, uses, modifications, etc.) To make a Lot Line Adjustment as shown on attached Map that results in an ins„hstantial boundary change. Have you attached the following? FEEs DUE: $560.00 Pre -Application Conference Summary ❑ Attachment #l, Signed Fee Agreement ---A4/" "u4Vf- Response to Attachment #2, Dimensional Requirements Form I " ❑ Response to Attachment #3, Minimum Submission Contents A5-5( l#" 06K G��j ow ❑ Response to Attachment #4, Specific Submission Contents ��.G1'� Response to Attachment #5, Review Standards for Your Application ' • 0 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Chris Bendon, 920.5072 DATE: 3.2.98 PROJECT: REPRESENTATIVE OWNER: Hal Dishler TYPE OF APPLICATION: no step. Subdivision Exemption for lot line adjustment., Possible PUD amend DESCRIPTION: adjusting lot lines with no net gain/loss of development potential. Possible PUD amendment Land Use Code Section(s) 26.88.030 Subdivision Exemptions 26.88.060 Subdivision Amendments 26.84.080 Planned Unit Development Amendments Review by: Staff for Completness, DRC (referral agencies) for technical aspects. Public Hearing: No, for an insubstantial amendment. Any substantial amendments would require public hearings. Referral Agencies: Engineering, Zoning Planning Fees: Planning Deposit ($450) Referral Agency Fees: Engineering, Minor ($110); Total Deposit: $560 (additional hours are billed at a rate of $180/hour) To apply, submit the following information: 1. Proof of ownership (for both properties) 2. Signed fee agreement 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 4.. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application 6. 4 Copies of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 2 7. An 8 1/2" by 1 I" vicinity map locating the parcel within the City of Aspen. 8. Draft Plat including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. Contact Engineering Department if more specifics are needed. 920.5080. 9. An analysis of the allowable Floor Area for each parcel before and after the adjustment showing no net gain or loss considering slope reduction. 10. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. Please refer to the review standards in the application. 11. Copies of prior approvals. Subdivision, PUD? 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 of Aspen Charles M. Rowars and Robert C. Smith and Glenda D. Smith Lot Line Adjustment Application Paragraph 1 - Pre -Application Conference Summary Sheet - Response: INDEX I. Charles M. Rowars 1. Warranty Deed - Between Etna Tausher, Grantor, and Charles M. Rowars, Grantee, Dated June 30, 1994. 2. Stewart Title of Aspen Title Policy Insurance No. 0-9993-11754; Issued on June 30, 1994, in the amount of $1,000,000.00, for Charles M. Rowars; Lot 7, Sunny Park Subdivision, according to the Sunny Park North Adjustment and Annexation Map thereof recorded in Plat Book 20 at Page 2 as Reception No. 292269, 3. Deed of Trust - Among Charles M. Rowars, Borrower, Public Trustee of Pitkin County, Trustee and Chase Manhattan Mortgage Corporation, Lender, dated March 11, 1998. Pursuant to Stewart Title of Aspen this is the only documents of record as of August 20, 1998, which was filed subsequent to the Warranty Deed described in # 1. above. II. Robert C. Smith and Glenda D. Smith 1. Special Warranty Deed with Exceptions - Between Colorado National Bank, Grantor, and Robert C. Smith and Glenda D. Smith, Grantees, dated August 11, 1986. 2. Stewart Title of Aspen Title Policy Insurance No. M-9702-47107; Issued on April 16, 1998, in the amount of $227,150.00, for Robert C. Smith and Glenda D. Smith; Lot 5, Sunny Park Subdivision, according to the Sunny Park North Adjustment and Annexation Map recorded in Plat Book 20 at Page 2 as Reception No. 292269. EXHIBIT I HUB. 1 i . i'j::,b, 5 ubh-'M 5 I LWHK I I i ILL Hb1 LN Hu. 041 f I.f • • r .j Y Q- + THIS DEED, made this 3Dth day of June, 1994, between Etna -19Tauscher of the County of Pitkin and State of Colorado, Grantor, and Charles M. Roware whose legal address s 4990 S. W. 52nd, Suite 201, Davie, FL, 33314, of the County of and State of -- y t,Florida, Grantee. a WiTNESSBTH, that the Grantor for and in Consideration of the `"z/' euzn o -0 of Ten Dollars (10 . o0 ) and other good and valuable _ —consideration, the receipt and sufficiency of Which is hereby c5 acknowledged, has granted, bargained, "old and conveyed,•and by d R these presents done grant, bargain, sell, convey and confirm, unto the Grantee and Grantee's heirs and assigns forever, all the real N -5'property together with improvements, if any, situate, lying. and v0 a. being in the County of Pitkin and State of Colorado described as '0 follows: o Lot 7, Sunny Park North Subdivision, according to the m Sunny Park North Adjustment and Annexation Nap thereof m recorded in Plat Book 20 at Page 2 as Reception Number 292269; < a as known by street and number as: 0131 Smuggler Mountain Road, Aspen, Colorado. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee and Grantee's heirs and &saigns forever. And the Grantoz, for Grantor and Grantor's heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee and Grantee's, heirs and assigns, that at the tima of the annealing and delivery of these presents, Grantor is well seized of the promises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the Same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature sonver, except as set forth in Exhibit "A" attached hereto. The Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee and Grantee's heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. 371664 8-TS4 P-619 06/30/94 0314OP Pe i OR 4 RFC DOC SILVIA DAVIS P17KIN COUNTY CE-ERfc & RECORDER 20.00 100,00 -- HUV. 1�+. 1570 7• JVJHI'I J I LWHK I I - I LL HSr LIY S C H E D U L E A ORDER NO.: 00021087 POLICY NO.: 0-9993-117539' DATE OF POLICY: June 30, 1994 at 03:44 P.M. AMOUNT OF INSURANCE: $ 1,000,000.00 1. NAME OF INSURED: CHARLES M. ROWARS 2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY IS: Fee Simple 3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN: CHARLES M. ROWARS 4. THE LAND REFERRED TO IN THIS POLICY IS IN THE STATE OF COLORADO, COUNTY OF PITKIN, AND IS DESCRIBED AS FOLLOWS: Lot 7, SUNNY PARK NORTH SUBDIVISION, according to the Sunny Park North Adjustment and Annexation Map thereof recorded in Plat Book 20 at Page 2 as Reception No. 292269. Stewart Title of Aspen, Inc. 620 E. Hopkins Aspen, CO 81611 303-925-3577 AUT1109I ZED SIGNATURE - HUV . 14. 1770 7 • JlH1'1 5 I tWHK I I _ I LL Hbt-LIY jyO, yyg P, S C H E D U L E B POLICY NO.: 0-9993-117539 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYSf FEES OR EXPENSES) WHICH ARISE BY REASON OF: 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 HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT -SHOWN BY THE PUBLIC RECORDS. 5. UNPATENTED MINING CLAIMS; WATER RIGHTS, CLAIMS OR TITLE TO WATER. 6. ANY AND ALL UNPAID TAXES AND ASSESSMENTS AND ANY TAX SALES. 7. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSIONS IN ANY WATER SERVICE OR STREET IMPROVEMENT AREA. S. Reservations by the United States Government as set forth substantially as follows: FIRST: That the premises hereby granted, WITH THE EXCEPTION OF THE SURFACE, may be entered by the proprietor of any other vein, lode or ledge, the top or apex of which lies outside of the boundary of said granted premises, should the same in its dip be found to penetrate, intersect or extend into said premises for the purpose of extracting and removing the ore from such other vein, lode or ledge. SECOND: That in the absence of necessary legislation by Congress, the Legislature of Colorado may provide rules for working the mining claim or premises hereby granted, involving easements, drainage and other necessary means to its complete development as reserved in Patent recorded May 20, 1949 in Book 175 at Page 701 as Reception No. 96346. 9. Reservations by the United States Government as set forth substantially as follows: Continued on next page HUb. 14. it$'JU y J1H1'I 51 LWHK I I 1 I LL Hb'LH NO. yy8 P. 4 ATTACHED TO AND MADE A PART OF STEWART TITLE GUARANTY COMPANY POLICY NO.: 0-9993-117539 CONTINUATION OF SCHEDULE B FIRST: That the premises hereby granted, WITH THE EXCEPTION OF THE SURFACE, may be entered by the proprietor of any other vein, lode or ledge, the top or apex of which lies outside of the boundary of said granted premises, should the same in its dip be found to penetrate, intersect or extend into said premises for the purpose of extracting and removing the ore from such other vein, lode or ledge. SECOND: That in the absence of necessary legislation by Congress, the Legislature of Colorado may provide rules for working the mining claim or premises hereby granted, involving easements, drainage and other necessary means to its complete development as reserved in Patent recorded May 20, 1949 in Book 175 at Page 168 as Reception No. 96344. 10. Terms, conditions, obligations and provisions of Water Agreement recorded November 20, 1964 in Book 210'at Page 206 as Reception No. 119240. 11. Restrictions that no trailer camps or trailer parks be permitted on subject property as disclosed by Deed recorded March 30, 1964 in Book 206 at Page 301 as Reception No. 117375. 12. Terms, conditions, obligations and provisions of Easement Agreement recorded September 16, 1977 in Book 335 at Page 80. 13. Terms, conditions, obligations and provisions of Resolution No. 85-83 issued by the Board of County Commissioners recorded August 1, 1985 in Book 492 at Page 114 as Reception No. 270201. 14. Terms, conditions, obligations and provisions of Statement of Exception from Subdivision Process recorded August 25, 1987 in Book 544 at Page 523 as Reception No. 292268. 15. Easements, rights -of -way as shown on Sunny Park North Boundary Adjustment and Annexation Plat recorded August 25, 1997 in Plat Book 20 at Page 02 as Reception No. 292269. 16. Easements and rights of way as shown on Improvement Survey prepared by Aspen Survey Engineers, Inc. dated June 15, 1994 as Job 117214. 17. A Deed of Trust dated June 30, 1994, executed by Charles M. Rowars, to the Public Trustee of Pitkin County, to secure an indebtedness of $475,000.00, in favor of Chase Manhattan Personal Financial Services, Inc., recorded June 30, 1994 in Book 754 at Page 622 as Reception No. 371665. NUb. 14. 1770 7 • J1N1'I J I LWNR I I 1 I LL N5r'LIV IIU. fl S C H E D U L E A ORDER NO.: 00021087 POLICY NO.: M-9994-509478 DATE OF POLICY: June 30, 1994 at 03:44 P.M. AMOUNT OF INSURANCE: $ 475,000.00 1. NAME OF INSURED: CHASE MANHATTAN PERSONAL FINANCIAL SERVICES, INC. AND/OR IT'S SUCCESSORS AND ASSIGNS 2. THE ESTATE OR INTEREST IN THE LAND WHICH IS ENCUMBERED BY THE INSURED MORTGAGE IS: Fee Simple 3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN: CHARLES M. ROWARS 4. THE INSURED MORTGAGE AND ASSIGNMENTS THEREOF, IF ANY, ARE DESCRIBED AS FOLLOWS: A Deed of Trust dated June 30, 1994, executed by Charles M. Rowars, to the Public Trustee of Pitkin County, to secure an indebtedness of $475,000.00, in favor of Chase Manhattan Personal Financial Services, Inc., recorded June 30, 1994 in Book 754 at Page 622 as Reception No. 371665. 5. THE LAND REFERRED TO IN THIS POLICY IS IN THE STATE OF COLORADO, COUNTY OF PITRIN, AND IS DESCRIBED AS FOLLOWS: Lot 7, SUNNY PARR NORTH SUBDIVISION, according to the Sunny Park North Adjustment and Annexation Map thereof recorded in Plat Book 20 at Page 2 as Reception No. 292269. 0 E Mr�wawr�"_���tr ., Stewart Title of Aspen, Inc. 620 E. Hopkins Aspen, CO 81611 303-925-3577 NUV . 14. 1770 7 • JGHI'I J I LWHK I I I I LL H5r'CIY NU. yya H. b S C H E D U L E PART 1 • B POLICY NO.: M-9994-509478 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH ARISE BY REASON OF: 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. UNPATENTED MINING CLAIMS; WATER RIGHTS, CLAIMS OR TITLE TO WATER. 6. Taxes for the year 1994 and thereafter, and any special assessment or charges not yet Certified to the office of the County Treasurer. 7. Reservations by the United States Government as set forth substantially as follows: FIRST: That the premises hereby granted, WITH THE EXCEPTION OF THE SURFACE, may be entered by the proprietor of any other vein, lode or ledge, the top or apex of which lies outside of the boundary of said granted premises, should the same in its dip be found to penetrate, intersect or extend into said premises for the purpose of extracting and removing the ore from such other vein, lode or ledge. SECOND: That in the absence of necessary legislation by Congress, the Legislature of Colorado may provide rules for working the mining claim or premises hereby granted, involving easements, drainage and other necessary means to its complete development as reserved in Patent recorded May 20, 1949 in Book 175 at Page 701 as Reception No. 96346. S. Reservations by the United States Government as set forth substantially as follows: FIRST: That the premises hereby granted, WITH THE EXCEPTION OF THE SURFACE, may be entered by the proprietor of any other vein, lode or ledge, the top or apex of which lies outside of the boundary of said granted premises, should the same in its dip be found to penetrate, intersect or extend into said premises for Continued on next page EXCEPTIONS NUMBERED 1-4 ARE HEREBY OMITTED. HUB. 14. 177L3 '7- JCHI'I 5I LWHK I I 1 I LL Hbrt-11 riu. `:mob H.'r ATTACHED TO AND MADE A PART OF STEWART TITLE GUARANTY COMPANY POLICY N0.:9994-509478 CONTINUATION OF SCHEDULE $, PART I the purpose of extracting and removing the ore from such other vein, lode or ledge. SECOND: That in the absence of necessary legislation by Congress, the Legislature of Colorado may provide rules for working the mining claim or premises hereby granted, involving easements, drainage and other necessary means to its complete development as reserved in Patent recorded May 20, 1949 in Book 175 at Page 168 as Reception No. 96344. 9. Terms, conditions, obligations and provisions of Water Agreement recorded November 20, 1964 in Book 210 at Page 206 as Reception No. 119240. 10. Restrictions that no trailer camps or trailer parks be permitted on subject property as disclosed by Deed recorded March 30, 1964 in Book'20.6 at Page 301 as Reception No. 117375. 11. Terms, conditions, obligations and provisions of Easement Agreement recorded September 16, 1977 in Book 335 at Page 80. 12. Terms, conditions, obligations and provisions of Resolution No. 85-83 issued by the Board of County Commissioners recorded August 1, 19SS in Book 492 at Page 114 as Reception No. 270201. 13. Terms, conditions, obligations and provisions of Statement of Exception from Subdivision Process recorded August 25, 1987 in Book 544 at Page 523 as Reception No. 292268. 14. Easements, rights -of -stay as shown on Sunny Park North Boundary Adjustment and Annexation Plat recorded August 25, 1987 in Plat Book 20 at Page 02 as Reception No. 292269. 15. Easements and rights of way as shown on Improvement Survey prepared by Aspen Survey Engineers, Inc. dated June 15, 1994 as Job #17214. HUb. 14. I'L to 7• JGHI'I J I tWHK I I 1 I Lt HJr'tIY • ENDORSEMENT TO POLICY NUMBER: NO. 00021087 FORM 100 11V.''Z�b t✓.b TITLIOLICY M-9994-509478 CHARGE $ 50.00 Issued by STEWART TITLE GUARANTY COMPANY HEREIN CALLED THE COMPANY The Company hereby insures against loss which said Insured shall sustain by reason of any of the following matters: 1. Any incorrectness in the assurance which the Company hereby gives: (a) That there are no covenants, conditions, or restrictions under which the lien of the mortgage or deed of trust referred to in Schedule A can be cut off, subordinated, or otherwise impaired; (b) That, except as shown in Schedule B, there are no present violations on said land of any enforceable covenants, conditions, or restrictio (c) That, except as shown in Schedule B, there are no encroachments of buildings structures, or improvements located on said land, onto adjoining lands, nor any encroachments onto said land of building, structures, or improvements located on adjoining lands. 2. Any future violations on said land of any covenants, conditions, or restrictions occurring prior to acquisition of title to said estate or interest by the Insured, provided such violations result in loss or impairment of the lien of the mortgage or deed of trust referred to in Schedule A, or result in loss of the title to said estate or interest if the Insured shall acquire such title in satisfaction of the indebted- ness secured by such mortgage or deed of trust. 3. Damage to existing improvements which are located or encroach upon that portion of the land subject to any easement shown in Schedule B, which damage results from the exercise of the right to use or maintain such easement for the purposes for which the same was granted or reserved. 4. Any final court order or judgment requiring removal from any land adjoining said land of any encroachment shown in Schedule B. Whenever in this endorsement any or all of the words "covenants, conditions or restrictions, appear, they shall not be deemed to refer to or include the terms, covenants and conditions contained in any lease referred to in Schedule A. The total liability of the Company under said policy and any endorsements therein shall not exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated under the conditions and stipulations thereof to pay. This Endorsement is made apart of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. Nothing herein contained shall be construed as extending or Continued on next page HUk�. 14. 1770 :;I - JJHI'I 51 LWHK 1 11 1 LL H5t'LIV NU. yy8 H. y inuation of Endorsement *Title Policy POLICY NUMBER: M-9994-509478 NO. 00021087 FORK 100 changing the effective date of said policy, unless otherwise expressly stated. Signed under seal for the Company, but the Endorsement is to be valid only when it bears an authorized signature, effective as of the date of the policy thereto. W .V 4 Pr- - . Stewart Title of Aspen, Inc. 620 E. Hopkins Ave. Aspen, Colorado 81611 (303) 925-3577 HUV . 14. i7; cd J - J.3HI'I 5 I LWHK I I 1 I LL H5F Lil Nu. yya H.10 NO. 00021087 ENDORSEMENT TO POLICY NUMBER: FORM 8.1 TITLIOOLICY M-9994-509478 CHARGE $ 50.00 Issued by STEWART TITLE GUARANTY COMPANY HEREIN CALLED THE COMPANY The insurance afforded by this endorsement is only effective if the land is used or is to be used primarily for residential purposes. The Company insures the insured against loss or damage sustained by reason of lack of priority of the lien of the insured mortgage over: (a) any environmental protection lien which, at Date of Policy, is recorded in those records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge, or filed in the records of the clerk of the United States district court for the district in which the land is located, except as set forth in Schedule B; or (b) any environmental protection lien provided for by any state statute in effect at Date of Policy, except environmental protection liens provided for by the following state statutes: NONE This Endorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. Nothing herein contained shall be construed as extending or changing the effective date of said policy, unless otVrwise ,expressly stated. Signed under seal for the Company, but valid only when it bears an authorized of the date of the policy thereto. V�4 ir+'��� .. -. `- the Endorsement is to be signature, effective as Stewart Title of Aspen, Inc. 620 E. Hopkins Ave. Aspen, Colorado 81611 (303) 925-3577 HUI,. 14. ly7ti 'J; �>.-JHI'I 5I LWHK I 1 1 I LL H5r'LN NU.yy8 H.11 is ENDORSEMENT TO TITL LILY POLICY NUMBER: M-999-509478 CHARGE NO. 00021087 FORM 110.7 $ 25.00 Issued by STEWART TITLE GUARANTY COMPANY HEREIN CALLED THE COMPANY The Company hereby insures against loss or damage by reason of: (1) The mortgage resulting from the provisions therein which insured provided for changes in the rate of interest. (2) Loss of Priority of the lien of the insured mortgage as security for the unpaid principal balance of the loan, together with interest as changed in accordance with the insured mortgage which loss of priority is caused by said changes in the rate of interest. This endorsement does not insure against loss or damage by reason of the failure of the insured to comply with the Regulations of the Federal Home Loan Bank Board concerning Adjustable Mortgage Loans. This endorsement does not insure against loss or damage based upon (a) usury or (b) any consumer credit protection to truth in lending law. This Endorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. Nothing herein contained shall be construed as extending or changing the effective date of said policy, unless otherwise expressly stated. Signed under seal for the Company, but the Endorsement is to be valid only when it bears an authorized signature, effective as of the date of the policy thereto. Stewart Title of Aspen, Inc. 620 E. Hopkins Ave. Aspen, Colorado 81611 (303) 925-3577 • HUb. 14. 1z70 7 • DJHI'I 51 LWHK I I 1 I LL H:DrLI`I IYU.'li'lid i. 1C ENDORSEMENT TO TITL#OLICY POLICY NUMBER: M-99509478 CHARGE .1J0. 00021087 FORM $ 25.00 Issued by STEWART TITLE GUARANTY COMPANY HEREIN CALLED THE COMPANY EXCLUSION NO. 7 ON THE FRONT COVER OF THE ABOVE REFERENCED MORTGAGE TITLE POLICY IS HEREBY DELETED. This Endorsement is made a part of said pol cy and s subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. Nothing herein contained shall be construed as extending or changing the effective date of said policy, unless otherwise expressly stated. Signed under seal for the Company, but the Endorsement is to be valid only when it bears an authorized signature, effective as of the date of the policy thereto. Stewart Title of Aspen, Inc. 620 E. Hopkins Ave. Aspen, Colorado 81611 (303) 925-3577 t- . ==4Eatur- HUI�. ew. 1y: 8 4: J(HM b I LWHK I I 1 I LL H5r'LN I`IU. i0d I'. G 11111111111111111111111111 IIIII1 1111111 III IIIII 11111111 414M0 03/20/1N8 M344R DT ORVIS SILVI f of 0 R 41.00 D 0.00 N 0.00 PITKIN COUNTY CO RETURN TO: CHASE MWRATTAN MORTGAGB CORPORATION 1500 N 19TH STREET MONROE LA 71201 ATTENTION: CHASE MANHATTAN MO1Z&G&CFR-"LOP DEED OF TRUST 27400235 1274002359 THIS DEED OF TRUST ('Security Iaurumern') is trade on March 11, 1998 among the grantor is CHARLES M ROWARS, A HARRIED $t1N ('Borrower'), the Public Tttl_,tee of PITKIN County ('CNszec'). and the beneficiary. CHASE MANHATTAN MORTGAGE CORPORATION , wbich is organized and existing under the laws of the State of New Jersey and whose address is 343 THORNALL STREET EDISON, NJ 08837 ('Lender'). Borrower owes Lender the principal sun) of Seven Hundred Thousand, and 00/100 Dollars (U.S. S 700, 000 .00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instttuttent ('Nos'), which provides for monthly payments, with the full debt, d not paid earlier. doe and payable on April 1, 2028 . '[his Security Insuumew szcures to Lender. W the repayment of the debt evidenced by the Noce. with interest, and all renewals, axtenslons and modifications of the Note: (b) the payment of all other sums, with ituereat, advanced under Paragraph 7 to protect the security of this Security Insauuutcnr and (c) the performance of Borrower's covenants and agreements under this Security [nstronterx and the Note. For this purpose. Bounder. in consideration of the debt and the trust herein created, irrevocably gnats and conveys to Trustee, in cams(, with power of sale, the following described property located in PITKIN County. Colorado! LOT 7, SUNNY PARK NORTH SUBDIVISION, ACCORDING TO THE SUNNY PARK NORT13 ADJUSTMENT AND ANNEXATION MAP THEREOF RECORDED IN PLAT BOOK 20 AT PAGE 2 AS RECEPTION NO. 292269. COUNTY OF PITKIN, STATE OF COLORADO which has the address of 0131 SKUG43LER MOUNTAIN ROAD, ASPEN, CO 81611 ('Property Address'): TOGE=R 1V17fi all dre improvetnems Dow or henafler eamtell on the pmpen7, and ell easements, appurteau=' and fixn= now or hereafter a pan of the peoptxry. All replacements and additions shall also be covered by this Sewtity instnaam All of the foregoing is referred to in this Security Lwnr ooa as the 'Property.' BORROWER COVENANTS that Borrower is lawfully seised of the estate bcreby conveyed and has the Tight to grant and cotrvcy the Property and drat the Property is uocncmmbersd. cxcw Got ettarmbrancet of record, Borrower warram and N011 defend COLORADO-SINGLE FAMILY•FNMAiFHLMC UNIFORM INSTRUMENT GO.YIS r7r91) I'Ce 1 d 5 (RVIMM I IM) ".ens M AUG.20.1998 4:38PM STEWART TITLE ASPEN NO.108 P.3 III 11111111 1111MI 11111111111111111111111111111111111111 4146E0 03/20/19% 00:44A OT DAVIS SILVI 2 of 8 R 41.00 D 0.00 N 0.00 PITKIN COLWN CC 8enerdy the title to the Property against all claims and demands, subject to any encumbratres of record. THIS SECUPM INSTRUMENT combines uniform covenants for national use and twtiAmiform rovcasota with limited variations by jtuiadictianto comeciruic a uniform security iustrttment covering real property. UNIFORM COVENANTS. Borrower and Lender wvenant and agree as follows; 1. P4YCOMt of Principal and Irntei "4 Pceptryment taed Late Charges. Borrower shall promptly pay when due the principal of tied interest on the debt evidenced by the Note and any prepayment and lave chul;es due under the Note. 2, Fun& for Taxes and Lwuwim Subjea to applicable law or ro a written waiver by I ander, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ('Fonds') for: (a) yearly taxes and asses>amenm which may attain priority over this Security Instrument as a lien on die Property; (b) yearly leasebold payments or ground rents on the Property, if any; (c) yearly hamed or property insurance premiums; A yearly flood trisnrartce premiums, if Any; (e) Ye-311Y mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisioac of Paragraph 8, in lieu of the payment of mortgage iltSnranCe premiums. Thcse it enut are called 'Escrow Items.' Lender may, at any time, collect and bold Fends in an amount not to exceed the maximum amount a lender for a federally relamd mortgage loan may require for Borrower's escrow account under the federal Rcal Esote Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. §2601 er seq. ('RESPA'), unless anotlier law that applies to the Funds sou a icon aroount. if so, [ender may, at any time, collect and bold Funds in an amount rtoc to exceed the lesser amount_ Lender may estimate the amount of Funds due on the bps of current data and reasonable estimates of expenditures of future Escrow Imms or odmv ise in accordance with applicable law. The Rinds shall be held in an institution whose deposits ate iruurrd by a federal agent), iiistrumentality, or entity (trxluding Leader, if Lender is such an iasdturion) or in auy Federal Home Loan Bank Lender shall apply the Furls to pay the F=row Items. Larder may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits lender to maim such a charge. However, Lender may require Bor towcr to pay a one-time charge for an independentreal estate tax reporting service used by i cnder in tannecdon with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest in be paid, Lender shall not be required to pay Borrows wW interest or earriings on the Fins. Borrower and Lender may agree In writing however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an armual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrumcat. If the Funds held by Leader exceed the amounts permitted to be held by applicable Law, Lender shall accannt to Borrower for the excess Funds in accordance with the Mulnements of applicable law. If the amount of the Fonds held by lender at say time is not sufftaew to pay the Fsctow ltems when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no morn dean ruvelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Secutity Inistrument, Leader shall promptly mefund to Borrower any Funds held by Lender. If, under Paragraph 21, fender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Fermis held by leodrr at the time of acquisition or sale as a credit against the sums seethed by thia Security Instrument. 3. Application of Prtymerits_ Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied; first, to any prepayment charges due under the Note; second, to amounts payable under Paragraph 2; third, to interest due, fourth, to principal due; anti ]ant, to any late charges due under rbe Note. d. Charges; Liens. Borrower shall pay all taxes, assncunetin, charges. fines raid impositionsattribumbie to the Property which may strain priority aver this Security Instrument, and leasehold paymmrs or ground rents, if any, Botrower shall pay these obligations in the manner provided in Paragraph 2, or if not paid in that manner, Borrower shall pay their on time directly to the person awed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. if Borrower makes these payments ditectIy, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instmmem unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Leader; (b) contests in good faith the lien, by or defends against enforcement of the lien in, legal proceedings which in die Lmder's opinionoperue to prevenm the enforcement of the lieu: or (c) secures ftnm the holder of the lien an agrtmierc satisfactory m ]ender subordinuing the lien M this Security Instrument_ If Lender determines that any part of the Property is mbjrzx to a lien which may attain priority aver this Security l,urnvnrtri� Lrndec may give Borrower a notice idattifjing die lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 6. Hazard or Property insurance. Borrower shall kmp the improvements now existing or hereafter erected on the Property insured against loss by fine, hazards included within the mm 'extended coverage' and any other hazards, including floods or flooding, for which Lender requires inmiramc. This 111Q111 ace shall be maintained in the amounts and for the periods that Leader roquirv& The insurance carrier providing the msuratite shall be eh06en by Borrower subject to Lender's approval which shall not be unreasonably withheld, If Borrower fails to maintain coverage described above, lender may, at Lender's option, obtain coverage to proma Lrodees rights in the ProMmy to accordance with Paragraph 7. All Incnn roe policies and rrnewsh shall be acceptable to Under and shall Include it standard mortgage clause. Lender shall have the right to hold the policies and renewals. If L.coder requires. Borrower shalt promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower atoll give prompt notice to the fnsurance starrier and Lender. Lender may male proof of loss if not made promptly by Borrower_ Unless Lender and Borrower otherwise agree in writing, Lnauramte proove6 shall be applied to restorattimn or repair of tftc Property datnaSed, if the restoration or repair is economically feasible an Lender's security Is riot loomed. If the restoration or repair to 1104 ee000mically tisulble cc LeAK's Millily would be ltnstasd, that Imuratice proceeds shall he appHed to the soma securod by this Searrhy Iesuumot, whether or not then dug, with say axctxa paid to Boaawer. U Borru%= abandons the property. or does tot answer within 30 slays a notice from Leader that the insurance carrier ban offered to settle a claim, then Lender may collect the inswance proceeds. ).ender may use the proceeds to repair or rmtore the Property or to pay emns severed by this Stcority Iastttmitmt, whether or note then doe. The 30-day period will begin whoa the notice is given. Unless Lender and Bornowcr odicrwin agree is writing, any applicadon of proceeds to principal shall not extend or postpone COLORADOSiNGLE FAMILY-FNMAIFHLMC Uh7PORM L*1STRUMENT , M w C0XJ 1W) PW 2 d 3 pUpt.o., I IM) HW. fig. ltoyti 4 ; Jaillm 5 1 LWHH 1 1 1 I LL HSNLN NO. 108 P. 4 111111111111 HIM 111111111111111111111 III 111111111 IIII L14666 03/21A9941 M 44A OT DAVIS SM, a s{ a R 41,00 O 0.00 H 6.00 pIT91H COUNTY CO the due date of the monthly paytrheats referred to in Paragraphs I and 2 or change the amount of the payments. If under Paragraph 21 the Property is acquired by L.euda, Borrower's right to any insurance policies and proceeds resulting hum damage to the Property prior to the acquisition shall past to Lender to the extent of the sums secured by this Security Instrument knoicdramly prior to the acquisition. 6, Omrparxiy, Preservation, Maintenance and Protection of the Property; BorrvA%r'a Loan Application; Lemeholds. Borrower aball occupy. establish, and use the Property as Borrower's principal residence widtin sixty days after tat execution Of this Security Josatimenr and MCI continue to occupy die Property as Borrawes's principal residence for at least outs year after the dam of occupancy, unIm Leudx otherwise agrees in writing, wbich conscot shall not he unreaswably withheld, or unless extenuating circumstances exist which are beyond Bcnovw's control. Borrower shall not destroy, damage or impair rho Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action nr proceeding, whether civil et criminal, is begun that in Lender's good faith judgment could result in forfeinue of the Property or otherwise rnramaally impair the lien created by this Security Instrument or Leodcr's security inaacst. Borrower may cure such a default and reinstate, as provided in Paragraph 19, by causing the action or proceeding to be dismissed with a ruling that, in I endees good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Swarity Instrument or lender's security lumtz - Borrower shall also be Ln default if Borrower, during the loan application process. gave materially false or Lnaccuare information or statements 10 Lender (or failed 10 provide leader with any material information) in connection with doe loan evidenced by the Note, including, but not limited to, representations; concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrinotnt is on a Ieasebold, Borrower shall comply with ell the provisions of the ]case. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Leadves Rights N the Property. if Harrower falls to perform the cove near and agreements contained in this Security Instrument, of rbere is a legal Pumotding dent any significantly affect Lueler's rights in the Property (such as a proceeding in holauptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then tender may do and pay for whatever Is nnec=%ary to protect die value of the Property and Lendeen rights in the Property. lender's actions may include paying any sums secured by a lien wbich has priority over this Security imsttunoenir, appearing in court, paying reasonable attorneys' fees and entating on the Property to make repairs. Although Lerida may take action under this Paragraph 7, Leader does WE have to do so. Any wtout rs disbursed by Lender under this Parlgraph 7 shall became additional debt of Borrower secured by this Security Instrument. Unless Borrower and Ismder agree w other arms of payment, these amounts shall bear interest from the date of diemrsermcmt a< the Noce tare and shall be payable, wide Interest, upon notice fiom Lender to Borrower requesting payment. & Mortgage haurarr,ce. If Lender rcgttired mortgage insurance ere a condition of making the loan secured brY this Security Instrument, Borrower shall pay the premiums requited to mainmin the mortgage insumuce in effect. If, for any reasrm, the mortgage insurance coverage required by Lender lapses or ceases to be in effect. Borrawcr shall pay the pttaaiums required to obtain coverage subsutmially equivalcm to thm mortgage insurance previously in effect, at a oost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effem from an altemare mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available. Borrower shall pny to I ender etch month a s ra equal to one -twelfth of the yearly wortgege insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in dkkect. Under will accept, use and retain dhcso paymears as a loss reserve in lieu of mortgage insumucc. less reserve payments may no longer be required, at the option of Linder, if mortgage insurti= coverage (in Or. amount and for the period that L der requires) provided by au ]tssurer approved by Lender again becomes available and is obained. Borrower shall pay the premiums required to mainnnin mortgage insurance in effecr, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with arty written a verncnt between Borrower and birder or applicable law. 9. Inspedion, Leader or its agent may make reasonable carries upon and ir.4pet:tions of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection, 10. Condemnation. The proceeds of any award or claim for damages, direct or conwiluentlal, in connection with any condemnation or oilier taking of any part of the Property, or for conveyance in lieu of condemnation, art hereby assigned and shall be paid to Lander. In the event of a total taking of tin: Property, the proceeds shall be applied to the gurus secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a paroel telring of die property in which the fair market value of the Property immediately before the takings is equal to or greater than the aroma of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lcanda otherwise agree in writing, the sums secured by this Security Justr,ment sball be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking- Any balance shall he paid to Borrower. In the event of a partial raking of the Property in which the fair market value of the ftoperry immediately before the taking is less than die amount of the sums secured immediately before the taking, unless Borrower and Leader odherwise agree in wririag or unless applicable law othctwisc provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the in are then due. If the Property is abandoned by Borrower, or if, after notice by Irnder to Borrower that the condemnor offers to makes tm award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after cite date the notice is given, Lander is authorized to collet, and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unlesa Lender turd Borrower otherwise agree in writing, any application of proceeds to principal shall not extend err postpone the due date of the monthly payments rt i:a to in Pattigtaplu 1 and 2 or change the amount of such payments. 11. Borrower Not RA-sed: Forhew2m by Lender Not a waiver, Extension of the time fbr payment or modification of at w tizadon of tits stems secured by this Security Imuumew Coated by Lender to any successor in interest of Bortvwet shall not opera m to ralaw dw listbblty of doe oripltul Aortowstt of Borrorower'a IuQU >ofyu km intcmt. LGadrr shall not be tequkred to commence proceedings against any successor in interest of refuse to extend time for payment or odsetwiw modify rmrartizanion of the sums secured by this Security Instrument by reason of any demand made by the odaimal Borrower or Bormwa's successors in interest. Any forbcamnee by leader in exercising any right or remedy sball not be a waiver of or preclude the exercise of arty night or remedy. 12. Sueoessota and Assrynu Bound; Joint and Several I-abillty; Co -Signers. The covwants and agreements of this Security COLORADO-SINGLE FAMiLY•FNMA/FHLMC UNIFORM INSTRUMENT rams�sua C-MOS (7ff7) PApe ) of $ PA06- I V W HUz. Gil. Iy: tb 4- Jul M 51 tWHR I 1 1 1 LE= H51-'LN NO. 109 P. 5 I lily 11111 HIM 111111 II IIIIII INIIII11111111111111 414660 03/20/1998 M 44A DT DAVIS SILVI 4 of 0 R 41.00 D 6.00 N 0.00 PITKIN OWNTY CC Instrument shall bind and benefit the successors and assigns of Lender and Bornower, subject to the provisions of Paragraph 17. Botrower's coveriaw and agrtxmaats shall be joint and several. Any Borrower who co -sighs this Security Instrument bur does not execute the Noce: (a) is co-signing this Security Instrument only to mortgage, gram and convey that Bouowa's imerest in the Property under the terms of this Security Insmument. (b) is = personally obligated to pay the camas secured by thls Security Instrument; and (c) agrees that Lender and any other Borrower may agreed w extend, modify, forbear or main trey axommodations with regard to the tens of this Security Instrument or die Note witbaaa the Borrower's consent. 13. Loan Charges. if the loan secured by this Sectuity lusatsmcnt: is subject to a law which seas maxim= loan charges, and ilia( law is finally interpreted so that the interest or other loan charges collected or to be colleted in coamcction with the loan exceed the permitted limits, tbea: (a) any such loan charge shall be reduced by the anroimut necessary to reduce the charge to the pemtitted limit: and (b) any Fumy almidy collccad front Borrower which exceeded permitted limits will be refunded to Borrower. Lends may choose to make this refund by reducing the principal owed under the Note or by making a dirm payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without airy prepayment charge uudcr ale Note. 14. Notices. Any notice to Borrower provided for in this Security Innnimeirt stall bo given by delivering it or by maijing it by first class mail unless applicable law requires use of another method_ The notice shall be dirsctcd to the Property Address or any other address Borrower designates by =Ice to Leader. Any noricc to Lender shall be given by first clans mail to Lcntler's address stared herein at any other address Lender desigrmtes by notice to Borrower. Any notice provided for in this sec triry Insuunient shall be deemed to have beat given to Borrower or Lender when given as provided in this paragraph, 13, Governing Law, Severablllty, This Security Instrument shall be governed by federal law and the law of due jurMction in wbich the Property is locaud. In the event that any provision or clause of this Security Imtrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which ran be given cfftzt wi[bout the conflicting provision. To this evd the provisions of this Swurlty Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one ebnformed copy of the Now and of this Security Insaumenr. 17. Transfer of the Property or a Beneficial Interest In Borrower. If all or any pan of the Property or any interest in it is sold or transferred (or if a beneficial Interest in Borrower is sold or transferred and Borrower is not a natural pagan) without I-eader'S prior written roue L Under may, at its opton, require immediate payment in full of all sums secured by this Security Instrument. However, this opdou shall not be exercised by Lender if exercise is prohibited by federal law as of the date of [his Security Iusm menc. If Lender exercises this option, Icnder shall give Borrower noticeof acceleration. The nod= shall provide a period afoot less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Lnsalm=ot. if Borrower fails to pay these somas prior to ale expiration of this period, Lender may invoke any remedies pranitted by this Seauity instrmuncm witbout further notice or demand on Borrower. 18. Borrower's Bight to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant TO any power of sale contained in this Security Instrument; of (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due wrndn* this Security instrument and the Now as if no aocefetation had occurred: (b) cures any default of any other covenants or agreements; (c) pays all ezpcn= incurred in enforcing this Security instrument, iucltidirg, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lauder may reasonably acquire to assure that the lien of this Security Insrnanent, Leader's rights in the Property and Borrower's obligation to pay tlhe stems 9=uncd by this Security Instrument shall continue tmchauzged. Upon reinstztemetit by Borrower, this Security Jnscruai t and the obligations wetted hereby shall retrain fully efftctivc as if no acceleranon had octunrd. However, ibis right to relnstate shall not apply in the case of acceleation under Pmpxph 17. 19. Sala of Note; Change of %era Sersicer. The Note or a psrdar interest in the Now (together with this Security instrument) may be sold one or morn times without prior trotice to Borrower. A sale may result in a change in the entity (known as the 'Loan Servicer') that collects monthly payments due wider the Note and tlhis Security Imtrurnent. There also may be one or more changes of the I can Servlcer unrelated to a We of the Note. If there is it change of the Loan Se vieer. Borrower will be given wrian notice of the change in accordance with Paragraph 14 above and applicable law. The notice will state the tame and address of the new Loan Smvicer and the address to which payments should be made. The notice will also contain any other information required by applicabic law. 20, Hazardous Sulastaruca. Borrow= 511211 not caasc or permit die presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall tea do, nor allow anyone else to do, anything a leaW the Property, that is in violation of say Frivironmcotal Law. The preceding two OnMeO s shall not apply to 'be Present, use, or am ge on the Properly of small quinwities of hazardous Substances that are gcacta)ly recognized to be appropriate to normal residential asses and to nulmenance of the Property. Bouower shall promptly give Lender written notice of any investigation,, claim demand, lawsuit or other action by any govemmenml or regulatory agency or private party involving the Property and any Hvardors Substance or 33urviroffirental Law of which Borrower has actual knowledge. If Bdaowai learns, or is notified by any goveratcnml or regulatory authority, tut any removal or other mmediatlon of any Hazarilws Substance affecting the Property is n=ewry, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this Paragraph 20, 'Hazardous Substances' are those substances defined as toxic or hazardous substances by rmwironmental Law and Ono following substan=: gasoline, kerosene, other flammable or tonic pceokvm products, toxic pcericides and herbicides, volatile solvers, materials contain ig ulimoa or formaldehyde, and radioactive materials. As used in this paragraph 20. 'Environmental Law' mean federal laws and laws of the jwrisdfaioa wluere the Property is located loot relate w health, safety or environmenral pcumcdon, NON -UNIFORM COVENANTS. Borrower and lender fiartirer covenant and agree as follow 21. Acceleration; Remedies. Lmadec shall give notice to Borrower prior to amele atlnn i'baow4re Borrower's breach of any covenant or agreeram in this Security Instrurnerd (but not prior to aeeelearstlon under Paragraph 17 tndess applicable law provides othervW. The notice shall specify.- (a) the default; (b) the action required to ewe the default; (c) Ft date, not leas than 30 days fiat the date the notice is given to Borrower, by which the default must be eared; and (d) that failure to cue the default on or before the date spedtled In the notice may result in acceleratice of the own secured by this Swurttsy Insirumemt and sale of the Property. The notice atoll further Inform Borrower of the rigd to rdnstate after accdetation and COLOX&Da- 7NOL2 FAMILY•FNMMFHLMC UNIPDAM INSTRUMENT F-=6WSD 04sc6 OM) Ptua a ors (nWww iv -A) AUG.20.1998 4:39PM STEWART TITLE ASPEN N0.108 P.6 111111111111111111111111 II 111111HIM 1111111111111111 414650 03/29/1996 89t44A DT DAVIS SILVI 3 of 6 R 41.00 D 9.00 N 0,00 PITKIN COUNTY CO the right to assert in foredosure procw& g the oon-vdstence of a default or any other defam of Borrower to atxelerstlnn and sale. if the defauk It not cured on or before the due sPtrclfled in the notke, Linder at its option may require immediate payment In putt of all sums secured by dvW Security lnatrument without further demsnd and may Invoke the power Of sale and any other remedies permitted by applicabie law. l ends shall be eatltled to teal ed all erspeasec htctured In pursning the re,nedies provided in this Paragraph 21, including, but not limited to, reasonable atiorner' feet and costs of title evidence. If Leader Invokes the power of sale, Linder shay live written notice to Trustee of the occurmace of an event of default and the Ixoder's elation to cause the Property to he sold, Lender sb&A melt a ropy of the notice to Bormwsr as provided in Psrav%0 14. Trustee shall rmord a copy of the notice in the county In which the Property is located, Trustee shall publish n notice of mk for the time and In the manner provided by applicable kw sod shall mad copies of the notice of ask in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. After the Hum squired by applltabie law, Trttstee, without demand on Borrower, shall sell the property at public auction to the highest bidder for cash at the cline and place and under the terns designated in the n dw of sale in one or more parcels and in art► order Trustee determines. Trustee rosy postpone dale of =Y Para.( of the Property by public anoouncemerrt at the time and place or any previously Kb duled sale. Lender or it's designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's cstifunDe describine the Property and the time the Pruehaser will be entitled to Trustee's deed. The recitals In the Trustees deed shell be prima facie evidence of the truth of the sUtnools mark thorr1n. Trustee shall apply the procamb of the sak in the following order: (a) to all expmsm of the We, induding, but not Merited to, reasonable Trustee's and attorneys' fem; (b) to ail Bums secured by this Security Iretrtirment; and (c) stay erersa oo to the peso or pemons legally entitled to it. 22. Release. Upon payment of all m= secured by this Security Instrument. Lender shall request that Trustee release his Security Iasrromtnt and shall produce for Trustee, duly camcelled, all rioted evidencing debts secured by this Security Instrument. T nwce shall release this S=Xity Instrument without funlrer inquiry or liability. Borrower shall pay any recordation costs and the surutory Trustees fees. 23. Waivers of homestead. Borrower waives an tight of homestead ecemptlon in the Property. 24. Riders to this Security IndtnatteAt, if one or mote riders are excoted by Bosowcr err d recorded together with this Security Instrument, the covenants aid agreements of cacb such rider shall be Incorporated into and shall amend and suppieatom the covenants and affeenjum of this Security Imtrumm as if the rider(s) were part of thin Security Instrument. The fo lowing riders are attached: Adjustable Rate Rider BY SIGNING BELOW. Burrower accepts and agrees to the terns and covenants contained in this Security lum menu and in any ra(s) eze used by Borrower and recorded with u r sS M ROWARS rpo uric. TN. Itr IN Au PVM&Vrdl STATE OF COLORADO CITY OF SS: COUNTY OF PITKTN The foregoing instrument was acbiowledged before me dt4 _I&.tlr' day of March, 1998 by CHARLES M ROWARS, MARRIED (bM fficial seal - My VAlEFl1E E. S CIIW� My Wnunissiun expui lm OF Co* ��2� \OZ Nottry Public COWRADOSINGLE FAMILY•PN "Rip-tC UNIFORM ItYSMUidENf e.r.smra oosnT (TAT) hec sat 5 (Rsplo, III%) HUG. ed. lyyti 4:40HM 5I LWHH I I 1 I Lt HbI'LN NU. 108 H.'r 1111111111111111N 111111111111111111111 III 111111111111 414660 03/20/11*8 99:44A DT DAVIS SILVI a of 6 R 41.00 D 0,60 M 8.00 PITKIN CMAITT CO FMD/AWUSTABLL RATE RIDER (Pins 7 Yem lkoA (I Ycr Tre airy Zstre - Rate Cape) 7/1 Am with Recast option 27400235 1274002359 THIS FIXED/ADJUSTABLE RATE RIDER is made this 11th day of March 1998 and is irrcorpntated into and shall be deemed to atmod and supplement the Mortgage, Deed of Trust or ScCUlity Deed (tile 'Security Instrument') of the same date given by the undersigned (the "Borrower') to secure Boaawer's Adjustable R= Note (d)e 'Noce ") to CRXSB MANHATI'AN MORTGAGE CORPORATION (the 'Lander') of the same dace and covering the property described in the $=dry Insu== and located at: 0131 SMUGGLER MOUNTAIN ROAD, ASPEN, CO 81611 TRPTr rmR ) THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTIEERHST RATE AND THE MONTHLY PAYMENT. THE NOTE IdMI'I'S THE AMOUNT THE B011ROWER'S INTEREST RATS CAN CHANGE AT ANY ONE TALE AND THE MAXM M RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition w dic covenants and agreements snack in the Security Imaumeam, Bormwer and Lenda fathtr covens ar and agree as foUoos: A. INTFSSgT RATE AND MONTHLY PAYMENT CHANGES Tlu± Note provides for an initial interest tale of Six and Three -Quarters 6,750 %. Tbc Note provides for changes in the Interest rate and the monthly payments, as fuUowst 4. INTmtm RATE AND MONTHLY PAYMENT CHANGES (A) Change Dues The interest rare I willpgy MW change oa the fist day of April 2005 and on that day every 12th month thamLft r. Each date on wbkh my intemt two could change is cWcd 'Change Date.' (B) The Index Bcgiunring with the fitat Change Dote. ary interm rate will be based on an Index. The 'Indctt' is the weekly average yield on United States Treasury securities adjusted to a constant maturity of I year, as made available by the Fedetal Reserve Bomd. The most ream Indu fig= available as of the dace 45 days before each Cbangc Date is called the 'Current Index.* If the Index is no longer available, the Notc Holder will choose a new index which is based upon comparable inibrtmtiom The Noce Holder will Give me nodes of this Choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my ww interest rare by adding Two and Three -Quarters percentage pod» is ( 2.750 %), 'the Margin', to the Cueremt Index. The Nora Holdcr will then round the resale of this addidoa to cite Ace= Oft:, hth of Onc percentage point (0.125%). SubJect to the limits stand in Section 4(D) below, this rounded amount will be my new interest rate until the trot Change Dane. The Note Holder will rhea determine the amount of the monthly paYmesr that would be sufficimt to reps➢ the unpaid principal drat I am expented to owe at die Change Date in full on the maturity dote at my new imerest rare in substamJ&Hy equal paynteuta. The result of this calculation will be the new am m of my monthly Payment- (D) Llatits on Interest Rio Changes The interest rare I am requirod to pay at the first Change Date will not be greater than Nine and Three -Quarters 9.750 % or less than Three and Three -Quarters 3.750 Thutaftur, my interest rate will never be increased or decrCmaed on any singic Change Date by more than two pmrenmge poims (2.0 %) from the rate of interest I have been paying for the preceding twelve months. My interest rate will ntcver be greater thin Eleven and Three -Quarters 11.750 b, or less tbm the Margin. MULTISTATE FIXED/AD)USTABLE RA1% RIDPSt-NONCONVERT IXJASSUMABLE 47716 l"t 1 of (5/97) Nplbw 11190 AUG 20.1998 4:40PM STEWART TITLE ASPEN N0.108 P.8 (E) Efredlve Date of Changes My new intereu rate will become effec&c on each Change Date. I will pay the amonat of my new momhly payoteat beginning on the fast monthly payment after the Change Dam until the amoum of my monthly payment el=gea again. (F) Notice of Changes 'lmz Note Holder will deliver or mail to me a notice of any changes in MY interest rate and the amount of my monthly paymcarc before the dizcave date of any change. The nocim will include in60®a1io0 required by law to be given rate and also the title and telephone nxmtber of a person who will answer arty question I may have regarding the notice. (A) U>ml the Intl: = rate is changed from a feed rate to an adjustable rate on the first change date, Uniform Covenant 17 shall be as follows: Transk of the Qtnxm or a Beneficial Interest, If all or any part of the property or any interest in it is sold or transferred (or if a beneficial interest is sold or transferred) without immediate payment in &B of all sums secured by this Senuity Intrumemt, Under may call all such sutras immediately due and payable. if Lender exercises this right, Under shell give Borrower notice of ac celerntim The notice shall provide a period of not leas than thirty (30) days from the date the notice is delivered or mailed within which the Borrower must pay all sums secured by thin Security Instrument, If Borrower fails to pay these sums prior to the expiration of this period, (ender may invoke any remedies pertniued by this Security Inmumcut without furtl= notice or demand on Borrower. (B) 0noe the interesc rate changes to an adjustable race, Urdfomr Covenam 17 described in (A) above shall then ccarti to be in cfb:ct and Unitwu Cove=( 17 shall ioatud be as follows: Tr nstcy, 04 tfir ELZ= or aBsneficial Intr=n L If all or any pan of the Property or any integer in it Is sold or ttanaferred (or if a beneficial inrtems( is sold or awmferred) without immediate payment in full of all sums secured by this Setatrity Instrument, Lender may cal) all each stems immediately due and payable, If Under uercises this right, Under shall give Borrower notice of aeceletauan, 7 aodce shall Le provide a period of not less than thirty (30) days from the date the notice is delivered or mailed within which the Borrower must pay all stuns secuued by this Security Instrumeau If Borrower fails to pay these tsuats prior to the expiri&n. of such period, Lender may invoke any mmedirs permitted by this Secnery Instrument without further notice or demand on Borrower. After the first Change Date, the Under shall not exercise this right if: (a) Bortwa= (amuses to be submitted to I &adet information required by Lender to evaluate nct intended asnsferee as if a new loan Wert being mete to the transferee; and (b) Leader reasonably determines that Lender's security will nor be impaired by the loan assumption and that the risk of a breach of any coveaamt or agrexperit In this Security bin-nrmeat is acceptable to Lcudcr. To the extent permitted by applicable law, Lender may charge R reasonably foe as a condition to Lender's consent to the loan assumpinon. Lender may also require the transferee to sign an assumption agr=mnt that is acceptable to Lender and that obligates the trsxtsferee to keep all the promisee and agreements trade in the Note and in this S(xtidry Instrument, Borrower will conLhme to be obligated under the Noce and this Security Instrument unless Lender wicaum Borrows in writing. I deeded Illll llllil N/III'( I�I'll �I�If�I IIl'INI III I'll 4146BO 03/20/lips 09,44A DT DAVIS SILV2 7 of I R 41.00 D 9,ee N 0,99 pITKIN (OWM Co MULTLSTATE FIXED/ADJUSTASIfl RATE R1D8R-N0NC0NVER1TRLE/ASS9"15 4774F r'eae 2 Or 3 0i7n (eepLen 1IM61 HUb. did. 1y. 8 4: 41HM 5I EWHK I TITLE H5F'EN NO.108 P.9 i BY SIGNING BELOW, Borm%va aocepu acd ag m m ft It= and covemm cowlsed in thiF Fiaed/Adjumbie Rage Rider. 1 /CAARLEW N ROWARS MULTISTAM PDMIADIUBTABLE RATE WDER-NONCONVERTIBLE/ASSUMABLE 6741Pp2d7 (L" (mph11" 11111111111111111111111111111111111111111 I II1111111 414US 83/28/UM 09:440 OT DAVIS SILVI 0 of A R 41.AO D 0.00 N A.00 PITKIN COUNTY CO BY SIGNING BELOW, Borm%va aocepu acd ag m m ft It= and covemm cowlsed in thiF Fiaed/Adjumbie Rage Rider. 1 /CAARLEW N ROWARS MULTISTAM PDMIADIUBTABLE RATE WDER-NONCONVERTIBLE/ASSUMABLE 6741Pp2d7 (L" (mph11" 11111111111111111111111111111111111111111 I II1111111 414US 83/28/UM 09:440 OT DAVIS SILVI 0 of A R 41.AO D 0.00 N A.00 PITKIN COUNTY CO I'i 4 r.a ' . -'a2/i,: I SPECIAL WARRANTY DEED BaoN I ,. THIS DEED, made this Itth day of August, 1986, between COLORADO o.;s NATIONAL BANK - GLENWOOD, A Nallonal Banking Association, of the County of Garfield and State of Colorado, of the first part, and ROBERT C. S'AITH �and GLENDA D. SMITH, whose legal address Is 619 South Hopkins, 4/;pen, Colorado 81611, of the second part; .i WITNESSETH, that the said party of the first part, for and in fr! consideration of the sum of Ten Dollars and other good and valuable consideration, to the party of the first part in hand paid by the said parties of the second part, the receipt whereof Is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, ,convoy and confirm unto the said parties of the second part, their heirs and assigns forever, ell of the following described lots or parcels of land, situate, lying and being In the County of Pitltin and State of Coiorudo, to wit: Lot 5 SUNNY PARK NORTH SUBDIVISION COUNTY OF PITKIN STATE OF COLORADO Together With all and singular the hereditaments and appurtenances thereunto belonging, or In anywise appertaining, and the reversion and reversions, remainder and remainders, rents, Issues and profits thereof; and all the ' estate, right, title, Interest, claim and demand whatsoever, of the sold party of the first part, either in law or equlty, of, In and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD ,I the sold premises above bargained acid described, with the appurtenances, unto ROBERT D. SMITH and GLENDA D. SMITH, the said parties of the 4 second part, their heirs and assigns forever. I And the said COLORADO NATIONAL BANK - GLENWOOD, party of the first part, for Itself, Its successors and assigns, does covenant, grant, bargain and agree to and with the said parties of the second part, their heirs; and assigns, the above bargained premises In the quiet and peaceable possession of said parties of the second part, their heirs and assigns, against all and every person or persons lawfully claiming or to clalm the whole or any I J part thereof, by, through `or under the said party of the first part to WARRANT AND FOREVER DEFEND, EXCEPTING from ;the operation hereof, taxes for the year 1986, due In 1987; excepting liens ,_{or special Improvements, except existing easements and rights -of -way, whether or not of record; except building, zoning and subdivision regulations and excepting those matters set forth on Exhibit "A" annexed hereto and Incorporated herein by ,this reference. IN WITNESS WHEREOF, the said party of the first part has caused these presents.to be executed by Its President and Its Corporate Seal affixed hereto, attested by Its Cashier the day and year first above written. COLORADO NATIONAL BANK ................. GLENWOOD roil cif By! 7 a.:tr 1----R-.--'f�ruce Robinson, President - �F'rE9Tt op Ir OLD "I OD t l l' ' lo. t1'•. o j Bert E. Uanitert' r aw ra Vice President and Cashier ^ S a m o STATE OOCUMENITAP, � a9 f-.—_ AUG l i lW"3 , I .I �I I I I I d 0 AdL u I I ' STATE OF COLORADO ) PCOI( 5; F •" G:4(J4 COUNTY OF GARFIELD ) !i _ The foregoing Instrument was acknowledged before me this 11 th day of %•" :Amy1,•.,198by R. Bruce Robinson as President and 6ert E,, Bankert as Vice I�ro€[qdp i:'end Cashler of Colorado National Bank - Glenwood. rAVVfgesi my hand anc pffl al seal. It; NCO �»' . — I ll` 5A J SCHU�MAKEI� P is �'\G ',r .y C{„r . an LxoHe: M1!ar.27.196] ��.,G. 7 ji'l..s... ,• ��— i U s4I Gland Aa.:me 1 — 0? r� O Ghnwood sprang,. Co. aIsm Nota& Public }fq� EXHIBIT A TO SPECIAL WARRANTY DEED pEXCEPTIONS i - l 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. �V 3. Discrepancies, conflicts in boundary lines, shortage In area, ;I encroachments, and any facts which a correct survey and Inspection of the premises ti4ouid disclose and which are not shown by the public 7j records. 1 4. Any Ilan, or right to a Ilan, for services, labor or material heretofore or hereaft!-jr furnished, imposed by law and not shown by the public• __records. 5. Taxes for the year 1906, as prorated, and thereafter, and any tax, " special assessments, charge or Ilan Imposed for water and sewer service, or for any other special taxing district. I 6. The effect of Inclusions In any general or specific wator conservancy, fire protection, sell conservation or other district or Inclusion In any water j service or street Improvement area. ,I 1. GO%, I! 7. Reservations and exceptions as contained In United States Patent recorded May 20, 1949, In Book 175 at Page 168 and 171, as follows: the premises hereby granted, with the exception of the surtace, may be entered by the proprietor of any vein, lode or ledge, the top or apex of which lies outside of the boundary of said granted premises, should the same In Its dip be found to penetrate, Intersect or extend Into said promises for the 1 purpose of extracting and removing the ore from such other vein, lode or F' ledge.: 8. Essements, rights of way and restrictions, which do not contain a forfeiture or reverter clause, as set forth in Deed recorded March 30, 1964, In Book 210 and Page 206. 9, Terms, conditions and obligations of water agreement between John L. Herron and Royal Land Corporation and Anthony Berumnn, recorded November 20, 1964. In Book 210 at Page 206. 10, Torras, conditions and restrictions as contained In Easement Agreement by and between Jack Jenkins and Salvation Ditch Company, recorded September 16, 1977 in Book 335 at Pago 80. c' { A[ -TA LOAN POLICY SCHEDULE A Order Number: 00024740 Policy No. Date of Policy: April 16, 1998 at 12: 14 P.M. Loan No.: Amount of Insurance: $ 227,150.00 1. Name of Insured: BANKERS MORTGAGE CORPORATION, ITS SUCCESSORS AND/OR ASSIGNS 2. The estate or interest in the land which is encumbered by the insured mortgage is: FEE SIMPLE 3. Title to the estate or interest in the land is vested in: ROBERT C. SMITH AND GLENDA D. SMITH M-9702-47107 4. The insured mortgage and assignments thereof, if any, are described as follows: A Deed of Trust dated April 10, 1998, executed by Robert C. Smith and Glenda D. Smith, to the Public Trustee of Pitkin County, to secure an indebtedness of $227,150.00, in favor of Banker's Mortgage Corporation, recorded April 16, 1998 as Reception No. 415735. S. The land referred to in this policy is described as follows: Lot 5, SUNNY PARK NORTH SUBDIVISION County of Pitkin, State of Colorado • • ALTA LOAN POLICY Order Number: 00024740 SCHEDULE B — Part 1 Policy No.: M-9702-47107 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 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 heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights claims or title to water. 6. Taxes and Assessments for the year 1998, not yet due and payable, and subsequent years and any special assessments not yet certified on the tax rolls of Pitkin County. 7. 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 as reserved in the United States Patents recorded in Book 175 at Page 168 and Book 175 at Page 171. 8. Restriction, which does not contain a forfeiture or reverter clause, as contained in instrument recorded in Book 206 at Page 301, providing as follows: That no trailer camps or trailer parks shall be permitted or shall be constructed. 9. Underground right-of-way and easement recorded August 16, 1972 in Book 265 at Page 978. 10. Easement Agreement recorded September 16, 1977 in Book 335 at Page 80. 11. Right of way for the Salvation Ditch as revealed by Plat of Sunny Park North Subdivision. 12. Terms, conditions and obligations as set forth in Agreement regarding utility access for Lot 3 and 5, recorded September 22, 1987 in Book 546 at Page 515 as Reception No. 293066. 13. Terms, conditions and obligations as set forth in Contract for Electric Service with Holy Cross Electric Association recorded June 24, 1987 in Book 539 at Page 999 as Reception No. 290417. 14. Terms, conditions, obligations and easements for access purposes as set forth Continued on next page Continuation of Schedule B - ALTA Loan Policy ' Policy Number: M-9702-47107 in Agreement recorded February 4, 1993 in Book 702 at Page 756 as Reception No. 353649. 15. Terms, conditions, obligations and restrictions of an Ordinance of the Board of County Commissioners of Pitkin County, Colorado Amending Title II of the Pitkin County Code by the Addition of Article VIII, "Institutional Controls", adding regulations and permitting procedures for excavations and development in the Smuggler Superfund Site, Ordinance No. 94-15 (Series of 1994) as set forth in instrument recorded June 27, 1994 in Book 754 at Page 194 as Reception No. 371468. ASPEN/PnXIN COIMIMITINITY DEVELOPMENT DEPARTiYIENT Agreement for Payment of City, of Aspen Development Application Fees (Please Print CIeariy) CITY OF ASPEN (hereinafter CITY) and Charles M. Rowars (hereinatterAPPLIC��Y1� AGREE AS FOLLOWS: 1. APPLICANT has submitted to C= an application for Lot Line Adjustment (hereinafter, TIDE PROJECT). 2 APPLIC.kNI T understands and agrees that City of Aspen. Ordinance No. 43 (Series of 1996) establishes a tee structure for land use appiications and the payment of all processing :ees is a condition precedent ro a deter ination or atmiicarion completeness. �. APPLIC.A.NL T and C:TY agree that Cecause of the size. nature or scope of the proposed project it is not possible at :his yme to ascertain he toil t-lent of the costs involved in processing the application. APPLICA.�tiNT and CITY further ame that :t is n the 'Merest of _he pares -o allow APPL- AINT to maice pavment of an initiai deposit and :o thereafter permit aridiaonai costs :o be billed to :APDr IC a�IT on a monthly basis. a3DT -C a-\,i i fees hewill be beaented ov ,etainina greater cash :iauidiry and .viil make additionai payments upon notification'jv :he when ,Jaev are necessary as costs are nc ir.rd C;T'_' Lees :t :rail oe eneated through the neater certa' of recovering its frill costs to process a3DLIC.A_ T S appEc^�ion. 4. CITY and ..PPLICANi dirther a.gret that it ;s impracticable for CI 'IC staff :o complete processing or present sufTicient infotmarion to the ?'.arming Commission and/or City Councii to enable the Planning Commission and/or City Councid to make legally required findings for project approval, unless current billings are oaid in foil -,nor, decision. 5. Therefore. APPLIC A T agrees :hat :n consideration or ,.he CI T Y's w iver of:Ls tiQ.ht to collect M'ees prior to a determination of application completeness. APPLICAINTI' shall pay an initial deposit in the amount of S560.0o which is for 2.5 hours ofPlanning staff time, and if actual recorded costs exceed the initial deposit _1PDLIC.�II shall pay additional monthly billings to CITY to reimburse the CI I'Y for the processing of the application mentioned above. including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such arc-crued costs shall be grounds for suspension of processing. CITY OF ASPEN APPLICANT Signature: Stan auso Date: Community Development Director Printed Name: City of Aspen dress: o9/a5//9P' Charles M. Rowars c/o Pelican Bays, 4990 SW 52nd #201; Davie, Florida 33314 CHARLES M. ROWARS c/o Pelican Bays 4990 SW 52nd St., #201 Davie, Florida 33314 (970)925-8037 August 27, 1998 Aspen/Pitkin Community Development Office 130 South Galena Street Aspen, CO 81611 Re: Lot Line Adjustment - Lots 5 and 7, Sunny Park North Subdivision Between Chuck Rowars and Robert C. Smith and Glenda D. Smith Ladies and Gentlemen: Please be advised that the undersigned is the owner of real property more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference. My name, address and telephone number are as stated above. Please allow this letter to serve as authorization of Brooke A. Peterson, Esq. and Hal S. Dishler, Esq. of the law firm of Kaufman & Peterson, P.C. to act as my representatives concerning the application for lot line adjustment involving my property on Sunny Park North Subdivision, in Pitkin County, Colorado. The address and telephone number of my authorized representatives are as follows: Brooke A. Peterson, Esq. Hal S. Dishler, Esq. Kaufman & Peterson, P.C. 315 East Hyman Avenue Aspen, Colorado 81611 (970)925-8166 (970) 925-1090 (facsimile) Should you have any questions, please do not hesitate to contact me. Your very truly Charles R. Rowars EXHIBIT � 3 0 • EXHIBIT "A" Lot 7, SUNNY PARK NORTH SUBDIVISION, according to the Sunny Park North Adjustment and Annexation Map thereof recorded in Plat Book 20 at Page 2 as Reception No. 292269. (w/enclosure) C:\DOCS\HSD\Rowars\Authorization.Iv.811.98 -2- HLI[ 13' "a=S O2': _'rF'1'1 a.' 1111 F'ICk"ETT • P. AuP_ust 12, 1998 Aspen/Pitkin Community Development 130 S. Galena Street Aspen. CO 81611 Re: Smith/Rowars Lot Line Adjustment To WVhom It May Concern: The undersigned. Robert Smith and Glenda Smith, being the owners of the property described as Lot 5, Sunny Park North Subdivision, hereby authorize the submission to Aspen/Pitkin Community Development by Timothy McFlynn of McFlynn Pickett & WhitsiM P.C., and Hal Dishler of Kaufman & Peterson, P.C. of a the subdivision exemption application for a lot line adjustment. This was the subject of a pre -application conference with planner Chris $endon on March 2, 1998. Pursuant to agreement of the parties, all planning fees and other costs associated with the Application will be paid by Charles Rowars. Very sincerel4'4 k_d'�-UT �- - obert Smith c Glenda Sinith TiIMCF 1M Enclosure cc: Hal Dishler, Esq. k;lsmith consent ltr Legal Description Lot 5, Sunnypark North Subdivision, according to the Sunnypark North adjustment and annexation map recorded in Plat Book 20 at Page 2 as Reception No. 292269 Street Address 200 Sesame Street Aspen, CO 81611 Usmith\legal description • • CITY OF ASPEN Charles M. Rowars and Robert C. Smith and Glenda D. Smith Lot Line Adjustment Application Paragraph 4 - Pre -Application Conference Summary Sheet - Response: Charles M. Rowars 0131 Smuggler Mountain Road Aspen, Colorado 81611 Lot 7, SUNNY PARK NORTH SUBDIVISION, according to the Sunny Park North Adjustment and Annexation Map thereof recorded in Plat Book 20 at Page 2 as Reception No. 292269. Title information is attached hereto as response to Paragraph 1. Robert C. Smith and Glenda D. Smith 200 Sesame Street Aspen, Colorado 81611 Lot 5, SUNNY PARK NORTH SUBDIVISION, according to the Sunny Park North Adjustment and Annexation Map recorded in Plat Book 20 at Page 2 as Reception No. 292269. Title information is attached hereto as response to Paragraph 1. CADOCSVISMowarsTaragraph 4 LAW OFFICES OF K UFMAN & PETERSON, P.C. 2831 OPERATING ACCOUNT • 315 E. HYMAN AVE. 925-8166 82-613/ 1021 ASPEN, CO 81611 September 1, 1998 PAY TO THE ORDER OF City of Aspen/ ce Summary 177 t**560. 00** I Five Hundred and Sixty Dollars and NO/CENTS DOLLARS Alpine Bank 600 E. Hopkins Avenue, Suns 001 Asp.n. Colorado 31611 (970) 920-s600 • Alpine Info -Um (970) 945-4433 Rowars Smith Lot Line Ad'ustment Fee II'00 28 3 LII' L0 2t06 L 3 21: 2 86 LAW OFFICES OF KAUFMAN & PETERSON, P.C. OPERATING ACCOUNT S DETACH AND RETAIN THIS STATEMENT THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED BELOW. IF NOT CORRECT PLEASE NOTIFY US PROMPTLY. NO RECEIPT DESIRED. DELUXE - FORM DVC-3 V-4 INVOICE DESCRIPTION TOTAL AMOUNT DEDUCTIONS NET AMOUNT DATE NO. DISCOUNT FREIGHT ept. 1, 998 2831 Charles Rowars Lot Line 560.00 560.00 djustment Fee to City of Aspen Y-4 CITY OF ASPEN Charles M. Rowars and Robert C. Smith and Glenda D. Smith Lot Line Adjustment Application Paragraph 6 - 4 Copies of the complete application packet and maps. EXHIBIT ro N ALLAM VUKt ASPEN MOUNTAf i•I SKI AREA CITY OF ASPEN VICINITY MAP 5 GAkr, _ * _�-lQQ-Q 9MUC: Let' SITE 1 1wi EXHIBIT _ i �} v CITY OF ASPEN Charles M. Rowars and Robert C Smith and Glenda D. Smith Lot Line Adjustment Application Paragraph 9 - Pre -Application Conference Summary Sheet - Response: Pursuant to a conversation between Timothy McFlynn (Attorney for the Co -applicants Robert C. Smith and Glenda D. Smith), Sarah Thomas and Chris Bendon of the City of Aspen, it has been determined that Item 9 of the City of Aspen Pre -Application Conference Summary Sheet requirements is satisfied if Robert C. Smith and Glenda D. Smith and Charles M. Rowars agree that upon the approval of the lot line adjustment (as proposed in this application) that the allowable floor area for Lots 7 and 5 of the Sunny Park North Subdivision, City of Aspen, County of Pitkin, State of Colorado will remain unchanged. Mr. Rowars and Mr. and Mrs. Smith hereby acknowledge their agreement to such condition upon the approval of the lot line adjustment by their submission of this Paragraph 9 response with their signed application. EXHIBIT _I CITY OF ASPEN Charles M. Rowars and Robert C Smith and Glenda D. Smith Lot Line Adjustment Application Paragraph 10 - Pre -Application Conference Summary Sheet - Response: Attached to this application (in the foregoing response #8) is an improvement survey plat that shows the proposed lot line adjustment with the addition to Lot 7 and reduction to Lot 5 and the corresponding addition to Lot 5 and reduction of Lot 7; shown as the crossed hatched area on such plat. The plat shows the significant surface features on the affected lots; and visually and accurately represents the impact of the lot line adjustment which is asserted to be insubstantial. The hardship that will be alleviated by approval of this application will be two -fold in that: (i) the retaining wall which is an important feature for Lot 5 will now be wholly incorporated in said lot; and (ii) the house on Lot 7 will now be accorded a proper margin of privacy due to the movement of the lot line South of such structure. Both Mr. Rowars and Mr. and Mrs. Smith believe that the adjustment of the lot line will greatly benefit each of them and their properties while presenting no negative impact on any other party including the City of Aspen. Consequently, the applicants believe that their request for approval of the lot line adjustment is in accordance with Land Use Code Section 26.88.030 in that the lot line adjustment is between contiguous lots that: a) results in an insubstantial boundary change between adjacent parcels (as shown on the plat submitted herewith); b) is consented to between all the landowners whose lot lines are being adjusted; (c) address specific hardships of the lot owners; (d) will be shown in a plat with the adjustment, pursuant to the requirements of 26.88.030 l.d.; (e) the plat will be recorded in the office of the Pitkin County Clerk & Recorder within 180 days following the approval of such lot line adjustment and (f) will not upset the developments rights or permitted density of the affected lots. The Sunny Park North Subdivision that includes the subject lots was created by the recording of a Plat on November 2, 1965, in Plat Book 3 at Page 52 (a copy of which plat is included in this application). Pursuant to the examination of the records of Stewart Title Company, by their personnel, no other approvals, and/or covenants appear of record. Lot 7 was created by the annexation of a parcel of land located in Pitkin County outside of the City of Aspen ( which was a portion of the Molly Gibson Park Parcel) and the combination of such parcel with a parcel located in the Sunny Park North Subdivision, all in accordance with the Sunny Park North Boundary Adjustment and Annexation Map recorded in Plat Book 20 at page 2 and the Resolution of the Board of County Commissioners of Pitkin County granting subdivision exemption approval for Sunny Park North Lot 7 and the Molly Gibson Park Parcel (Resolution 85-83) recorded in Book 492 at page 114; and the Statement of Exception from Subdivision Process for the purpose of creating the subdivision exception map of Sunny Park North Lot Seven Boundary Adjustment and Annexation, recorded in Book 594 at Page 523. Based on the foregoing land use code section 2.84.080 would not seem to apply as no Amendment of PUD development order is sought. 2.88.060 A. would appear to apply and the approval sought is in compliance with an insubstantial amendment to an approved Plat as provided for thereunder, as described above in this application. Recorded ><t o'cbck , Receptbn No •- Z+ ?-�M , r� SILVIA DAMUNTI' S PITKIN CDRECORDCR tl(tOK 4 FAGE 5!,) f/ .•. . 41 :0 •. •.• WHEREAS, the Pitkin County Board Of County Commissioners (hereinafter 'Courty') is the c,wner of the following real nnt,►p r• ts,.cc of land teeing part of Lot 7, Sunny Park North Subdivision and a tract of land situated in the south-east quarter of Section 7, T. 10S, R. 84W of the 6th Principal Meridian, Pitkin County, Colorado, being more or less fully described as follows: Beginning at the northeast corner of said Lot 7, Sunny Park North Subdivision, thence south 45 degrees 21 minutes west 8.59 feet, thence north 74 degrees 5 minutes west 154.58 feet, thence north 23 oegrees 0 minutes east 98.46 feet, thence south 67 degrees 27 minutes 17 seconds east 188.25 feet thence south 45 iegrees 21 minutes west 79.53 feet, thence north 42 degrees 29 minutes west 1.46 feet to the point of beginning containing 15,191 square feet more or less. WHEREAS, the County has requested from the City of Aspen, Colorado an exception from the full subdivision for the purpose of re -configuring the parcel known as Lot 7 of the Sunny Park North Subdivision, Aspen, Colorado. WHEREAS, the County will submit in a timely manner to the City of Aspen for approval, execution and recordation a plat map entitled Sunny Park North Boundary adjustment and Annexation Map.; and WHEREAS, County agrees to join any improvement districts created in the future that encompasses this Property; and WHEREAS, the Aspen City Council, at its meeting of January 26, 1987, determined that County's request for an exception to accomplish the boundary adjustment was appropriate and granted the tame, subject, however, to the conditions described herein- after. NOW THEREFORE, the City Council does determine that the application for exemption from the full subdivision process for the purpose of adjustino the boundary is proper and hereby grants such exemption, provid•!d however, that the foregoing exception is expressly conditioned upon: '.. County's recordir.y of that certain final plat entitled r r rJ 10' 544 Fay=5?4 "Sunny Park North Boundary Adjustment and Annexation Map", which shall conform to the requirements of Section 20-15 of the Acpen Municipal Code, specifically including information requested by the Engineering Departmcrt in the August 17, 1985 memorandum to the Pitkin County Asset Management Office. 2• At -uch time when development of the parcel is desired, the County, or its successors or assigns, shall submit a specific building envelope proposal as part of the aPF'licatio❑ fnr '.he ^!U, C:•rer:ine Review, ,end stall r_ub ,t r,. rs�.i , ;rgariing the impact.-, of the proposed development on the slope vegetation, drainage, and other environmental issues sufficient in detail to conduct said Review, pursuant to Section 24-6.2 of the Aspen Municipal Code. 3- The County, or its successors or assigns, shall work with the Fire Marshall to determine if a fire hydrant is necessary on the western lot line near the access road, ar.U; shall provide a fire hydrant if it is deemed necessary. This matter shall be resolved prior to approval of the 8040 Greenline Review. 4. The plat shall contain a dedication which indicates that the parcel subtracted from Lot 7 is public right- of-way fo: the use and benefit of the public, and that County shall unconditionally and unequivocally give an option to the City of Aspen to accept the parcel as a dedicated street. 5. 8040 Greenline Review for Lot 7 will include an additional subsurface investigation made on the site of development to evaluate the risk of subsidence due to the underground mining, pursuant to the recommendation made by Chen and Associates in their investigation entitled Subsoil FUldy and Une?erground Minn woke Reviews Pr000Fg�_ Resident r o 7 dated December 30, 1986. Sunny Part North, 6. County, or it successors or assigns, agrees to join any Improvement districts created in the future that encompasses the Property; and NOW, THEREFORE, the City of Aspen does hereby determine that the application for exception from the full subdivision process for the purpose of adjusting the boundary of the Property is Proper and hereby grants such exception. DATED this `f day of l[.a1-' c, , 1987. APPROVED AS TO FORM: 1 f. • iu-* 544 m-1525 Thomas Sn.ith, Coun y Attorney % e rg Madsen, Chairman William L. Stirfl7ng, May r AP OVED S TO FORM: CitY; kLtorney - I, Kathryn S. Koch, do hereby certify thet the foregoing Statement of Exceptior From the Full Subdivision Process For the Purpose of Adjusting the Property Boundary, and that the Mafor, William L. Stirling, was authorized to execute the same on behalf Of the City of Aspen. Kathryn S, Koch, City Clerk r 0 rt- yv I I b t• b PF:E;(7r1.(t7'TON 1)P 741t: IsOAk� VP COUNTY (;OMMItiBIONL'RS OF PIT911H COUN".'Y, COL(NAtX), GRAN7lNG f11AnIV'b10N MXV6ON APPP(WAI, FOP VVNNY PAPK NOk711 1.0 7 z ANU 11t(1 YOIAA C'11*ON fAN1 1'AR(YL _- rY C) NPLolut ior: S - C) C 1 Q LAC 'D A'i)EREAh, nt r rec.ul t.r meet i r.g on July 0, 1985u' thX'Board Af '_r1 V Cn _nty COmmier.ior.t't: c,f ritkir Ct,tnty, Colorado (hereinafter "Board"), reviewed a request by Pitkin County for twc subdivision exemptions as follows: I- , 6 . P r 1 . - • - - - - . sion) and 2) a parcel of lard, tue Molly Gibson Park, located on Smuggler Mountain I and WBRREAS, the Sunny Park North Subdivision Etrereption was requestsd pursuant to Section 4-2.2(a)(2)) the Subdivision Exemption request for the Molly G - son parcel was requested pursuant to Section 4-2.2(a)(4) of the Pitkin County Land Use Code) and 4►7RRRAS, tl(e board recognizes that these requests are of impor- tance to Pitkin County in order to provide the Molly Gibson parcel as a park for Pitkin County residents; and WERREAS, the Mollie Gibbon Park exemption will create a 7.93 acre parcel out of an original parcel of 24.951 acres? and IIBEREAS, the remaining 17.04. acres is designated as land to be developed by the Centennial Project; and WHEA.E11S, the Board recognizes that the exemption for the portion of Sunny Park North Lot ir• rc.sential in order to retain Olt- a•inimum lot rise for Lot 7 of the Sunny Park north Subdivision; and NBERRAS, the exemption for Lot 7 of the sunny Park North Subdivi- sion involves creation cf a (rp0 f�I,a.ccJ of land to I,e trken off of the southeast side of the Molly Gibson .,arcs] anJ to be added to Lot. 71 and Nt1aKF:Ab, thR F oetri elf(• rtcc•nni"-cs t1.at ('900 square feet on the wtrt f.i,e cf it rif!tr' ;(. 1.4. Ci+; (.f Afp(': it: t,tcipr tc, Irc�i;e ,iyht-c`• 4:.. tc t:.t I:olli, GiPRon )pork t'ie Smuggler Mount"n , t'. C , (..i L wIIERFAS, • ic•ct ar�rf.f ;.er,r• cdc' rr t), t;. •� i;tr'r t•neLr). cr: vr,e I tC. L(I tl,tttt r,), tic •�t- j 9, • Htrw 49e Rerclution No. BS-_t?. rage 2 ", THFI•II-Ew" 14 IT klbCl.Vk: i.y tTe !cttG tltt !t dUlF hr[eby c,rant the lot 1 Sunny rack t:01th SL::ivisrc•r. rr<cG!!ic.n it -quest and the Folly Gibson tx.rcel to be created subject to the foV owing conditions{ 1. ThAt the plat he recorded in the Clerk and Recorder's C,fficr• ref ritkin corrty, Colorado, folic%irg its review ant; of,proval t-y the County Attorney. APPRWRD t•y the, HoarC at its regular meet_ng on July 22, 19PS. POARD OF CODPTT COMISS701MRS ',P " I'► XN COGkt'M Crl.Ck tJ �� + A jr Torr, Plakr, Chairperson Lew Scanlan, Deputy County Clerk Rti ORN23OW FOR APPROVALr eaV.Alan Richman, Planning and Development Director AM W RD AS TO.F�O—R•R r L4 Th sa F. 8rnith, County Attorney CH.k1 Y . r�4 CITY OF ASPEN Charles M. Rowars and Robert C Smith and Glenda D. Smith Lot Line Adjustment Application Paragraph 11 - Pre -Application Conference Summary Sheet - Response: Copies of (1) the original Subdivision Plat for Sunny Park North Subdivision; (2) Sunny Park North Boundary Adjustment and Annexation Map and (3) the related Resolution and Statement of Exception (as described above in this application) are attached. iJNNY P'r,\ RKO N0RTId SUE, DI ISION 552— SITUaTED iN SV,' 1/4 SE i/4 SEEC. 7 10 S Pe4W 0= THE 6 TH Pm PITKIN COUNT COLORADO iA: :LSD':; .;=.R .1fvD U_::J it U`_i;,;..'I:ON �•,:n,.., ALL MEN Ef THESE PkC ENTS, •'HAT r1CYAL r"'AT MOSS CORPORATION, 9F.ING THE PROPERTY INCLUDED IN THIS PLAT AND LOCc::D IN 1HE OWNER IN FCE SIMPLE GF ALL OF THAT REAL P4 WEST OF THE 6TH PM DOES HEAFY SUBDIVIDE OWNER I/•. �i N CTION• HIP 10 ;:QUTn tNoE e< •.NOFOLO'x S: - SAID REAL QCYaL T PEANDAT rF_d105STECOTHE REOF. T�IONS COESJIHEREBYPKSTIAOTETAND SUBDIVISION 'ND �Jki'�SES FFI.,_L Plc; :C BE -JADE AND FILED. �..I._rJ INTO _. THAT 7nEr HAVE _:.US`D Tt.,- po0oEgll TC BF �A,u OUT, PLATTED, AND SUBC ('. cNC CF.I:ES c5 r.EREON. a THE DRIVE HEREOF: OES!;•::.:ED. IOG:•T_L T H:.T '•NL" Hz PE---' DE DIC%T_ TO 7HE Ft)_. .-IG USc cN0 PLL-,TeD- c SAID REAL PROPERTY AS HEREON SUBO. IDED INTC '_OTS c �ORPECTL� 5Hof• S D -� rq^•t _- _-_ F•c_�' A THAT THE F�-� aq_c ARc:. - 'ND DR.VES WI7n THE. :IMENSIONS INDICATED !+EREON AS EJ /cy 7HcREC� . oRESIDE t:' CF P.0 A PE-T .,O_5 CORPCq— ION - OF OEDICATIC•, w-5 ACeNCJfLE� _ TESCc Cxv_R GH7 DEED - .=-Wz L•it = uFE oC�`1 , ,6 =1 , t- __ rlC`:Y 'WEN -S _•,_.= rim `^.f C' _ -- • - NY COrJ'J!SS,O'• EXPIRESa.Jt«� -S` `.OTARY :C - - ThRC'JG' SUy.�•. a�R� 'EF.;R: h PES"^'I. DD �roE3Y C%?Tfff THAT 7r15 PLST OF LO:S j a- ncEPAPED _NCER P--RT Cri+_ COWITY C= PITKIN . HAS cE' c c Sj5:�:'J.SIOV. SU3'1.':IS,O': OF cY OF THE SANE. ;SJrERVISIC"I AND :.COJRATELY REPRESE`:'SBY FIELD Su,V P --,�+6 COLO. REG. PROF. ENGR. f LA!10 SURVEYOR ::.T� OF COLORADO Cf. JNT Y OF PITKIN �E ABOVE AND FOREGOING CERTIFICATE �L T IOF SURVEYOR WAS ACKNOWLEDGED BEFC��E >,tE THIS _�9 (P'. _A D. 19f,5, BY GERARD M PESMAN. MY ryF r ATI;RES :O b1MISS10N NGf�UBLIC - j is T Y PL-1 �dNING A'IG ZO`JING �COMI�A oS10965.G COU NITYCAPLANNING AND ZONING 'Ovv '-SIGN OF TrE _-FRO:r" `!"c�gqr_.t_ DAY OF11' _ Tf OF PITKIN, �CLORADO. BY - •v ._r•.,.-,. - - CHAIRMAN eC i` CGt NT f Cvt.a'ISSIONER$ CER7IFIGa JE 19f-5. BOARD OF COUNTY CO'J!t'_ 41CNERS 0' '^E cPPRCJEG nAr OF i�xsJn �'-' , T H , S 1--- - COUNT f OF P,Tr,iN. •_OLORADO. By CNAIRNAN _.r:G ,.I T,IF P:Tr.,N COU•+TY—CLERK ..Ne RECORDERS CFFICE TH,r. �v —DAY OF��. /i CLERK i RFCOROFR • 1r.3:Nv SPIKE SGI,DSTONE vl::� 4G.. �!0•!U'•IE•!T a STATEMENT Cl KNOW- ALL MEN OW,IER IN FEE SIMPLE S-,: 1/4 SE V4 iECTION T, SA-D REALPROPER;• F;-RPOSES ROYAL I I THAT THEY H 7. THAT THEY H AND DRIVES 3. THAT THEY AND PLATTE 4. THAT THE I AH, DRIVES SURVEY TH' TE OF -C;_CR f 0' -EFCRE V_ 7a6 24 4Y cC,jvISS%C � grciq� h r.RTr. S:i? :l.S;, _:a.r OF •CCLORA :CUNT Y Zr PITY, Tx.E A90VE . '-Y OFVa• A I •aY COMMISSIC ..^.nIJNTY P!..ANNIN, MAR.12.1996 8:33AM STEWRRT TITLE ASPEN • 0 NO. 663 P. 2 ev 40, or pr Ir A%R ait 0 lot) L 0,;• j�b 01: NSQ, �Fj '. . . _. . --- — . _M ~ ?A a - - IYHK. 1cf. I'JJd d: J4HM bILWHKI UILE HbHEN V. NO. 663 P. .1 - '1-"T 7 AL MERS APPROV c "'Zr.'f RT' 4 FRS -'e-, -- 4-)-- 41-3 -W -0 , o3f& Anc Surveys; Alone Awl, W ms:zm 1„',r� .' - - 1 �' a. .,r.`': j„ a 'A,; •i' ' '.;�.. '�•' �: -1'IHK. 1G. 1yyti b: J4HI'I 5I LWHK I 1 1 I LE RbHEN NO.663 P.4 G2. ate' _ -•: n � i 2 -01 r • r , ; � x r�1uCV C� i i IIPM SUBTRAtTE4 FRAM LOT 7 ! is • 690p W, FT 'a lw-1 FYYHjf.ALLM i t DEDICAVONI ,OF R. OR ROAD & UT&I T Y PURPOSES � � rYr,•en:fll !�• � r t v�Icc::- r.� -v< uc It;!„`J''CF. 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