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Home My WebLink Aboutcoa.lu.ec.15 Falcon Rd & 128 Powderbowl Tr.A082-03 ,..-' " CASE NUMBER PARCEL ill # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY A082-03 2735-141-1101,2735-141-11102 Lots 1 &2 Moore PUD Amendment-Building Envelope Adjus 15 Falcon Road/128 Powderbowl Trail James Lindt Special Review/Lot Line Adjustment Steve & Carol Aaron Gary M Johnson Wild Wild West Dev Inc 4/27/04 Plat Recorded 04/30/04 D DRISCOLL ....- " na ~I&f.rr i<tCORD REtAIN fVl' APR 22 2004 11:39AM HP LASERJET 3200 p.2 POWER OF ATTORNEY STATE OF TEXAS COUNTY OF DALLAS I, Steve Aaron of 9707 Meadowbrook Drive, Dallas, Texas 75220 & 15 Falcon Drive, Aspen, CO 81611. I, appoint Gary Johnson of Basalt, CO, my true and lawful attorney, for me and in my name to sign for Steve and Carol Aaron for Amended Plat for Lot Line Adjustment for the Five Trees Subdivision for Lots 1 "2. He will execute all necessary written instruments in connection therewith and to whomsoever as may be designed by my said attorney. Executed on tbis 22'" day of April, 2004. \rt.. ~ .~ ~ ~.~ - ore me tbis 22- \ ~~~1:: _,' ""..e1.--~ ....... ._tl,.....,~~::!,. ~;~CJ- ~.." ~ day of April, 2004. ;:;.~~; - . "':"', .,~. ~.~1b".:.. . '.' ....',f" .f!o itl'" ,~,., .<.-:yt" . ~ ."'..... ''fi.'' "-,,,",' -~ '::..~.:~(-. ..,..-t!~~/~;:-;~, .ff __," ~. . _".- .J.rl.....,i-~ ."-' . '_'';';'~' . \ ~~~'''-'!: "/I;r,,,- ''l''~'" -",-..~.-- . _A..-IA ~r::."'~j' i<-" "~.:I. ~AJ"~~~ -t~, I:'~':,~ .,r. ...~,.. .~" ,t:~_~,"'" ~~"",..~> :-. .i!.~,.., '.,....., ....< ...- .;::-~.:,>,-;....... '.,,"' ..:.,.~.,~ ..... .. ..' '$"~" Signed Notary Public: 1"., " MEMORANDUM To: Gary Johnson From: James Lindt, Planner .JL Date: February 2,2004 Re: 15 Falcon Road Lot Line Adjustment and PUD Amendment Plat-Community Development Department Comments Please make the following amendments to the draft plat: I. Amend title to read: "Lot Line Adjustment and PUD Amendment vi Plat". 2. Add a plat note that states: "The allowable FAR and development V rights on the parcels subject to this amendment shall not be affected by the execution of this lot line adjustment. 3. Add the following signature blocks: ~ Title Company J ~ Community Development Engineer J 4. Add language to each of the signature blocks identifying that this is a PUD amendment plat in addition to the lot line adjustment language v that exists in each of the signature blocks. 5. Remove preliminary drawing stamp from plat. ./ 6. Obtain letters of approval from the Homeowner's Association and the owners of Lots 18 and 19. _ ~.u..o:"\.C\ Appce\,c\,1 0.'" Pla.~ ~'(ci-<{ ~lcA 7. Obtain all signatures with the exception of the City Community Development Director, Community Development Engineer, and Pitkin County Clerk and Recorder prior to submitting 2 corrected mylar copies to Community Development Department for approval. A recording fee of $11 to the Pitkin County Clerk and Recorder's Office will also be required when the plat is submitted for signatJres. .~- ,".-... A IT ACHMENT 2 -LAND USE APPLICATION APPLICANT: Name: Location: Parcel II) # REPRESENT ATNE: Address: Phone #: tt~ rn. J., dr-l'MJ 3Zc !3/~ ".w"'! ~ Cj].f-'h 4+ Yh.3dz- 'e'>' &.,;,r. ~,,'- . C' 0iv.?'- Name: PROJECT: 0, [.., "e: , ,~ Name: Address: Phone #: TYPE OF APPLICATION: (please check all that apply): Nlcr--.z: D . Conditional Use D Conceptual PUD D Conceptual Historic Devt. ~ Special Review D Final PUD (& PUD Amendment) D Final Historic Development D Design Review Appeal D Conceptual SPA D Minor Historic Devt. D GMQS Allotment D Final SPA (& SPA Amendment) D Historic Demolition D GMQS Exemption D Subdivision D Historic Designation D ESA - 8040 Greenline, Stream D Subdivision Exemption (includes D Small Lodge Conversion! . Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane 0 Lot Split D Temporary Use D Other: 5? Lot Line Adjustment D Text/Map Amendment L,.,,"'j 7-. ,:} R-e.$1 ~c.;;; CON ,"f ,c..~, 'K~Lr;LA ;p: 2._/~ ~ It) T't+cr' .~""J~ 13v,,- & tJ' GJ"~ti7..c Have you attached the following? FEES DUE: $ [3'" Pre-Application Conference Summary 8" Attachment #1, Signed Fee Agreement I @'Response to Attachment #3, Dimensional Requirements Form-,..f ,; 1<6 ~ v, 14" II-> iJt~ ~ 0' Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all Written text (Microsoft Word Format) must be submitted as part of the application. 'DEe 22 2003 4:10PM HP LASERJET 3200 ,~~~~:::~\.;._-.:::;:,,:~._~,~ ,_._l~'t~::_., CITY OF ASPEN WRElT ~AlD OATi RIP ..- l:t-€> 'Pc""l>d<:aWi- 'T/e.1t I.... t ~ ~. t [ .' r',. <;, -.:t:- I,') p.2 -';"/,l:;;:"Df5 . :,,";:;L:~;~ '" l'\f 23>' - HAm'PAIl v 0A'lE REP NO. 1St "'of .A.It."-t.' "'ole" M. " FOed for r'IICCra thll l~tlClfllllo. :',- WARRANTY DEED TBIBOltBD,lllKloonthf._g1 ~cro~ ", betIMan ASfBN HIOHLANDSiiOLDlNoS. . A (; 0 UlIII.I:!.D UAlW,n:1"OOMPANY ~1' the c~ty 01 AAl.OX 2002 PAMIL Y 11I.UST IIlcIltlteof NiJooa . Qf 1;n. Gr~tvrC.). Ind c/o Joy H_ Phl111p,_ Esq. 'oIh~.l....l a..au 1&; ~:3D18PRINt1V.l.l1'FlYRD SunElOO DALLAS TX7S2st. d thl CaWlty of utd Itltll af . af tr.. Gr..,t..(I)1 WI"l'ND:s. That th. carentorC.), for er&I In ccnllderetlen of tM t\In of C :b.3OD,OOQ,!)O .....Two..llliunTInllbllll'llll11l0Ul....1Dd0Ck'1OO... DOI..I.ARS tho ~lIlpt .... .ufflel.,-.ey of which t. h.,-_ tll:traol~qMl, II" fl"lInt.d. t.rw-fn.d, salt!........ ~. .,.d hy ttt.M pr.1I'lt1l a. ,nnt, J:.rliJllln, llIelL. cunyey lid CQl1'lru ~to the Grant_to), hi. hll'trw n _lip f~rnr, aLl the ~..~ ty. ta,.th.. Ioilth lntpt'OWIIInU, ff 1I1"1f. elMt'l Lvin" 1M bel,.. t... the C()l,H\tyof ~ IIld ltate 01' t:olo"', dacr bed III hl\olll: . ~ TKaMCOIUII'AMn.VPOD. It. JlUNNEDCOldMUNrl'Y. Ao=ot.OINO'1'O THBPLAT'J'BSIBWI1J!C01lDBD AUauBT 10, 1m 1M Pl.AT lOOK 4J AT Pi\.O!I II AI:R!C!P'ItDN HQ._~. covrn'Y at' Pl'fKIN, S1~m OP COt.oaADO ()oIKlA PlVlTIBBS",. 489314 IUNSFD miCUAl1TION RECliIYm 10/03/2103 .Lao know1.. a1:net fUIber 118POWDBRBOWL1'RiJL,ASPBN,COI1611 'IOGITBBa with III M'lCI .Insular al'lcl hlNdlt~t. IrId allPU~ttlWlC" tt..rtto _tone'''', or in ..."..,h. IflP'l"tainlns .nd the I'Iwr.loro and rl'Ylll'lfonl. rtllllnlkr Md rtIII"lBinden, rllltl, IIlUII and profit. therecrf: and all tht eatatl, rt~t title Il'It.,...t, l;lal. ,ncI.-..nd lIMUCllWllr r:rf tt. !IrantOl'hl, .ither trt l_ or 'CfoI~ty, ~, fn tnd to tllo ,bow ....Inecl ~~..., IIllth tII. heredit_nt. .ra 'pplirtel"II~., TOBAVBAHDTOJIOlD t~c ..lel "._1_. _n bar,.l_ and dncrlbll:l witt. appurttMl'lCeII. \Jl"lto the 6r.m..'.], nf. htlMl IIIl:I M"'" flX'lWW. Thtlrlntore." for nl.tli, hh h.rl"'lG Plf'lOl'IIL reprnentltfVII, doel CGYInant. 8,.,t, baipln, .nd 111'" to II"I:! wtth the'rantaee.), III. hair. and l'lfal'll, thI't at the' tl_ of t:ta. .-cat I", utd d.UOW)' 01 th... pr"....ntl, he Is lell uflud 01 the pNtlI11lH abtlw ttlIlv.,.-td. 1'1_ good. MI"', ptrtlCt. IbIGLute.nd tndltt..lbl. ..tat. of tm.riU...... in 11M, In 1ft IhlpLa, and h..,oc:a rl,hl:, Mt ~ Ird ~.dll~ ILlthDrlty to .,..nt, Ul"llln_ uLl n c_v till e_ In .""'1' 1M 'Ill'lll .. aforKltd. ard that tnt ..... .ra tnt lna cL.r fron III hl'lllll" II'\d atblr -I~~ ~!.!!~Il:!'! ~~!:!J.. lilli'i, taUt, ......,ta, tne:ua:br1nl::1I II'd r.t..h.ti_ Df M1l1WV1r tind or n&t~re -. , UW'a5IC.AL.T~ A.ND ASSBlSMBIllJ'SI'DR THE YIWl mDAND SlIB5BQUBNTYEARS. AND BXCBPI'THO!HMATI'BRJ1tS SET POIlTHON BXHIBrr "A' ATfA<:::eD HBUTO ANIltHCOIP'08A1'ED HBII!NBYBEPBRBNCB . Tit. QUP'ltor(l) WU .nd will WIANT NG FOAeVE~ DeRIlD tll. .bWl _lilt'''*' pranh... In tlwa quill W p.lCa.bLt paHllAlen of tll, Gr.nt",.). I'll, tltl", end .,.llr'lI, "llMt IU U!d 8'tIIr'J parson or ~,. lMl'fuLly clll"nlf -ml "'aLI 01' q pllre 'thlrK'f. The .Ineull" hIIIDer nn '!'IClude tINt pl,,~.l, It'd tha plu"al t.a .I,gullr, Ind thl 1,111 of W\V.,."der .II.U aM appllClbl. to .n I....'. f!("'WI'I."NBIlw::BB:UIOJ' t~e Cr~~rC.) ..... IllftlltMl till. dMd =ntht 6tu..t forth ._. STAT! Of AriUlIl.l ~~LDIN'" LLC, ACOLOIWlOLINmlD ..~ ~~ -11111~llmllllillllllll ;~~~1 :"ILP 'IL.YI~ OAVII Pl1lC1N COUItTV CO . ..... D UI." """'Yo~.",...... l In. l Tha forl901/'IJ Ifll1~l'lt IrIIS ICIcr'IllW~tdtad bt111r. .. on 'ChI. cIIv of October 01 2Q03 . by BTBVllJOHNiON MAN"'tmD O!l' ASPBNlIIOHlA}I)IHOLIJIN3S. Li.C A. ,...,.....~ii6l.IMrII!U UA!lILlTYCnMPANY ...='~ ' "'" lef ~ ~ ICODI NarAA,.. PUa.IC..NUlOlIIA MNUCOPACOf.W1Y IDJ'L :~...d{lIr-...J - r ptlon ( - -to. I.C.R.I,) . - IMrowt G51ft7l1 orcltd ht~t'l tOl HtLIJ 188tt1l1 C For'a No. 012 Rev 4~94. w.a1M1" DSlD (Pflotilr ic: be<<'d \D.eI'lin nEe 22 2003 4:10PM HP LASERJET 3200 L:,~.t~~ :'.'_:-,-_~_;~i'_~'-~:~~( _.~;: ,', ~:,,>{-'~:I>~i#~~i:"')w_~t:~~:.:.:'~<~" I. ii .[ II~ '" I' ~.3 lll.llll'II'I~II'I.~~~~.:,'" ~rr A (Cont1nued) TERMS. CONDITIONS. PROVISIONS.l!ASEMIlNTS AND RtGHTSOP WAY ASsm FORTK IN CITY OF ASl'I!N WATER SERVICE AGRBI!MIlNT AND ADDIlNDUM THI!RB1'O RI!O)RDBD AUOUST 11, 1998 UNDER llIlCI!PTION NO. 420481 AND RBOORDBD AUousr 11. 1998 UNO!!RIUlCllPTlON NO, 420412. TERMS, CONDITIONS, PROVTSJONS, I!ASEMBNTS AND RlOKTS OP WAY AS SEl FORTI! IN CITY OP ASPI!N RAW WATER A<lRE1!M1!N1 RECORDl!DAUOUST 11, 1!l98 UNDER IUlCEPTION NO. 4204a.l. TERMS, CONDITIONS, PROVISIONS, BASIIMIlNTS AND RIGHTS OF WAY AS SET FORTH IN CITY OF ASPBN PRIlTAPfING AClRIll!MBNT RECORDl!D AUGUST II. 1!l9& UNDER RECEPTION NO. 42O<,l6. TERMS, CONDITIONS, PROVISIONS.l!ASIlMBIITS AND RIGHTS OF WAY AS SET FORTH IN COl.LllCl'lON SYSTBM AGREIlMI!NT RB(X)RDEQ AUGUST II, 1998 UNDEIl. RECllPTION NO, 420487, TERMS, OlNDITIONS, PROVISIONS, BASEMENTS AND RlGllTS OF WAY AS SliT FORTH IN CTY OF ASI'IlN PRECONHECTJJN AGRllIlMl!NT RECORDED AUGUn II, 1998 UNDER RECEPTION NO. 42~88. MEMORANDUM DP UNDBRSrANDING BETWI!EN THE lAMES E. MOORE PAMlLY PARTNI!R.SHIP, Lu.P. AND ASPEIl saIOOL DISTRICT REOARDINGAFFORDAlILB .'" HOUSING RBCtlRDED AUGUn 11, 199& UNDllIUUlCllI'TION NO. 420491. BASBMBNT AORBBMEN1' (UTILITY AND DRAINAGI!) BllTWEEN TIlE JAMES E. MOORE FAMilY PARTNEBSIlIP, LlLP. AND TIlEAS?1lN SCHOOL DISTRICT RBCXlRDED AUOUST II, 1998 UNDER RBCEPTION NO. 4204n. BASBMIlNT FOR WATER UNES AND RELATBDPURPOSIlS GRANTED BYTHEJAMIlS E. MOORE FAMILY PARTNBRSIIIP. LLLP, TO l1IE CTY OP ASPI!N, RECORDED AUGUST II, 1998 UNDER RBCBPTJON NO. 420418. TERMS. OONDlTlONS AND P.ROV1SlONS OF TAENCH. CONDUIT AND VAULT AGREEMENT RECORDRDJllltm)' 11.1999 AT RSCBPT10N NO. 426420. TERMS, CDNDmONS. PROVISIONS AND BASfMENTS AS SBT PORTH IN AOIlEEMEHTS RECORDED Feb""l118. 19'19 UNDER R1!CEPTION NO. 421413, RECORDED FBBRUARY I. 1999 UNTlER BECBP'TION NO. 427414, R~CORDED PEBRUARY S, 1999 UNDER BECllPT[ON NO, 421475, RECORDED PEBRUARY 8,1999 UNDER BECIlI'TION NO, 427416 AND RECORDBD PEBRUARY &, 1999 UNDER RECEPTION NO. 427477. 1: . ~EC 22 2003 4:10PM HP LASERJET 3200 p.4 ,,,<~::,":"'H~'ifr;';f"""""';"" .,:_.,,;'i\';',1.1' '.n,::~- ;i~.~.:;,-"..,:it?~r-" .; 'i '~~:':~ ' ".,,:'.' '~ "';':':'-':'::!;:.';~~)!'(:~L___~:~~,:!\ "':'- ::~~'..!t?'~ . '-'.1, ,,-','; ....J., 111~.I'!~IUI'11 ~IIII...::~~~~.::.~, RXIlIlIIT A RIGHT OF PROPRIETOR OF A VBIN OR LODE TO BX1RACT AND RBMOVR HIS ORB THEREFROM SHOULD TlIB!lI.ME 8a l'OUND TO PENETRATe OR IN11IASECT THe PREMISES AS RESERVED IN UNITED Sf ATES PA lENT RECORDED MAY 06, 1&90, IN 800105 o.TPo.OB9, RBCORDBDIANUo.RY 19, 1891 IN BOOK 55 AT PA<lB 20, RBCORDBD NOVBMBER 39, 18!>21N BOOK il AT PAGIl 34, AND RBCORDED AUOUST 26, 1Pl1IN BOOK 5S A7 PAOB 191 TERMS. roIlDITlONS, PROVlSJONS. OBLlGA lIONS AND RESTRICTIONS AS CONTAINED IN RIlSOLUTIONS BY TIll! BOARD OF COUNTY COMMlSSlONI!RSOF PITKIN COUNTY, o)LORA.DO, RBCORDED AS fOLLOWS: A. Rl!SOLUTlON NO. '509 RBCORDED FI!IIRUARY ll, 1m IN BOOK 774 AT FAGS .\0 ALSO KNOWN AS IU!CBl'nON NO. 379002. B. RIlSOLIlTION NO, 'HH RECORDED OClUBBR27. I'" IN 1I00K 797 AT PAOIl 922 ALSO KNOW AS RECEPTION NO. J!687/i. C. RESOLUTION NO. 'S.lO RECORDED NOVEMBER 9.19" IN DOOK 79'J AT PAGB ISO AND RECORDBD ocrOBBR 21. 19'6 UNDBR 1U!CIlPTION NO, 39&334. D. RESOLUTION NO. 97.75 R1lCOIlDI!D 1110. Y E, 1997 UNDBR 1l1!CEPTION NO, 4()1234, E. ORDINANCE NO. 9J.13 RBCORDED JU~ 10, 1997 UNDeR PJ!CHPTION NO. 40S2I6. F. RESllLUTJON NO. 98." Rl!00RD1!D APRIL 7, 1991 UNDER RECEPTION NO. .'-. 4153.52. TERMS, CONDITIONS, AND PROVISIONS OF SUBDIVISION IMPROVEMBNT AGRElIMBNT RECORDBD AUGUST 10. l!l98. UNDER RIlCIlPT10N NO, 420468, R/!S'I'R1CTIVBCOVBNANTS, WHICH DO Nerl O)NTAIN A FORPBrrURE OR REVERTER. a.Ause, AS CONTAlNIlD IN IoIAliTIlR DECLARATION OP COVBNANTS, O)NDmONS, AND RESTRlCI'lONS POR THe MOORE FAMILY PlIO. A. PLANNED COMMUN17Y, RECORDeD AUGUsr la. 1998 UNDBR RECEPTION NO. 04ZfJ466. DBSlCJNATION OP successoR. AND ASSIGNS OF DBa.ARANT RlOHTS RSCORDBD AUOUsr II, 1998 UNDER. RBCl!PTION NO. 42/MS2. eASEMeNTS, R10HTIiOPWAY ANDOTHBR MA'I'l'ERS AsseT PORTliON TH8PLAT OP THE MOORe PAMILY P.U.D.. A PLANNSD COMMUNrrv, RSCORDEDAUGUST 10, 1998 IN PLAT BOOK 4S AT PAos81 ALSO KNOW AS ItBCEPTIOHNO. 42046'. TRRMS, CONDITIONS AND PROVISIONS OF MOOIll! PUD PLANNBD UHrr DevELOFMENT OUlDE RB<DRDED A U<lI15110, 1998 UNDHR Rl!CBI'T10N NO, 420467. TERMS, CONDITIONS AND PROVISIONS OP ORDINANCE NO, 20, SERIES OF 1991, RECORDED AUOUST n. 1991 UNDER RECErflON HO. 420419. TERMS, OONDl110NS AND PROVI9lOHS OP R\lSOLUTlOH NO. 98-40 RECORDED AUeusr 11, 1991 UNDER RIlCBP1'ION NO. 420480. HP LASERJET 3200 p.2 , 'DEe 22 2003 4:01PM '- . ''''''' """"\, --.I [5 fll...l..N Rl>. ~lY OF ASPEN HREiT FWD DATE REP 1)1?!D?> (\'1 (..( I ""- ..141 .......~ 1 - :r CITV Of' ASPEN WFlETT PAID DATE FlEP NO. 1S/13fD "3 ~/'11<! 3 NO. /1'2-43 IIIIII~IIIIIIIIIIIIIIIIIIIIIIII~UIIII ::~~~~~:~ : lIP S1L"IA DAVIS ~:rKIN COLWrY co R 211,11 D 7I8.'S WHEN RECORDED RETURN TO: Name: Address: Aaron 2002 Family Trust 5301 Spring Valley Road, Ste. 200, c/o Joy Phillips Dallas, TX 75254 D~I/L 7CCi. en WARRANTY DEED THIS DEED,~tbis 12th day of August, 2003. between Cothelstone Properties. LLC of the said County of~and State of Colorado. grantor, and Aaron 2002 Family Trust whose legal address is 5301 Spring Valley Road, Ste. 200, cio Joy Phillips, Dallas, TX 75254 of the said County of Dallas ll!ld State of Texas, grantee: WITNESSETH. that the grantor, for and in consideration of the swn of Ten dol1ar6 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold, assigned and conveyed, and by these presents docs grant. bargain, sell. convey and confirm, unto the grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the said County of Pitkin and State of Colorado descnoed as follows: Lot 2, Block G, Moore Family Pud, A PLANNED COMMUNITY, according to the plat thereof recorded August 10, 1998 in Plat Book 45, at Page 81 as Reception No. 420465. City of Aspen, Pitkin County, Colorado (alkJa Five Trees) COUNTY OF PITKIN, STATE OF COLORADO also known by street and nwnber as: 15 Falcon Dr., Aspen, CO 81611 TOGETHER with all and singular the hereditamlll1ts and appurtenances thereto belonging, or in anywise appertaining, and the reversion tmd reversions, remainder lIDd 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 hereditamlll1ts and appurtenances. TO HAVE AND TO BOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its successors and assigns forever. And the grantor, for himself, Mle Nlinber: 41562 St,_ TItle of Asp...lnc. Wamnty Deed - Pl>olo_hic RccOTCl (Ex*",ded) PaS' I of2 .'bnON RECEIVCD 88/13/2003 'DEe 22 2003 4:01PM HP LASERJET 3200 "~'.. p.3 " -, ,j his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the eDlIealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefClLS1ble 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 mllllller 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 soever, except See Attached Exceptions The grantor shall and will WARRANTY AND FOREVER DEFEND the above-bargained premises in the quiet aDd peacable possession of the grantee, its successors and assigns, against all and every person or persons lawnilly clauning the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN Wl~ k~"" ~-"'... ",",,00 '" _.. ""'- Cothelstone Properties, II ,By: nan L. Stowell, Member ' STATE OF Colorado COUNTY OF Pitkin The foregoing instrument was acknowledged before me this ~ day of Ao-r Jr .;J~'1 . by Cothelstone Properties, LLC, By: Brian L. Stowell, Member MY Q:lUMI PIRES My connnission expues . Witness my hand and official seal 0:\.,..... , ~I i~..' '=:P I .. .. . , Notary Public: I \l~lln'I'\UI\' I ~'UIIIUII\' 1111 ~~~~~~:3: 18P Sl,-VIA DAVIS P1TKI. co""'" CO R 2Il.1Dll C "'.fIe w. N.mlNr: 41562 Slawllrt TiUd ofAspeo.lm. W"""''Y Dood - Photol"Pbio Rooorrl (Ex....ded) Pap 2. ot"2 'DEe 22 2003 4:02PM HP LASERJET 3200 ,...... '- p.4 ....., -,;I 11W[(Ilf'lfl' 'R' jJ 11111'~lUI =;~rJ ~: lIP , R 21." D 7111.111 EXHIBIT 1 EXCEPTIONS 1. Distribution utility casements (including cable TV). 2. Water rights, claims or title to water. 3. Taxes for the year 2003 and subsequent years not yet due and payable. 4. Right of the proprictor of a vein or lode to extract and rc,move hill ore therefrom, should the same be found to penetrate or intersect the premises bereby granted, as reserved in United States Patents recorded May 6, 1890 in Boold5 at Page 9, recorded Jamary 19, 1892 in Book 55 at Page 20, recorded November 29, 1892 in Book 5S at Page 34 and recorded August 26, 1911 in Book 55 at Page 191. 5. Easements, rights of way and others matters 118 shown and contained on Plat of the Moore Family PUD, a Planned Communityreccrded Augw;t 10, 1998 in Plat Book 4S at Page 81 as Reception No. 420465. 6. Terms, conditions, obligations, provisions of Subdivision Improvements Agreement for Moore FllIIlily PUD, a Planned Community as set forth in instrument recorded August 10, 1998118 Reception No. 420468. 7. Terms, conditions, obligations, proVISIOns and casements of Mastcr Declaration of Covenants, ,Conditions, and Restrictions for Moore PUD, a Planned Community as set forth in instrument recorded August 10, 1998 as Reception No. 420466. 8. Terms, conditions, obligations and provisions of Designation of Successor and Assigns as set forth in instnnnent recorded August 11, 1998 as Reception No. 420552. 9. Terms, conditions, obligations and provisions of Moore Family Planned Unit Development Guide as set forth in instrument recorded August 10, 1998 as Reception No. 420467. 10. Terms, conditions, obligations and provisions of Ordinance No. 20 (Series of 1997) Au OrdinI1nce of the City Council of the City of Aspen, Colorado Authorizing and Approving an Agreement for thc Extraterritorial Extension and Delivery of Municipal Water Service to the James E. Moore Family Partnership IlLP as set forth in instrument recorded August 11, 1998 as Reception No. 420479. 11. Terms, conditions, obligations and provisions of City of Aspen, Water Service Agreement as set forth in instrument recorded August 11, 1998 as Reception No. 420481; and City of nle Number: .41 ~62 Stew4rt Title at AJ-pm, me. Wam.1ItyDeec:t-Bxl1ibitl{Exct!ptilllU) Pap I oil DEe 22 2003 4:02PM HP LASERJET 3200 LltiUJ'... ~~~:,,~ R 2s.ee D ,....S p.5 Aspen First Addendum to Willer Service Agreement recorded August 11, 1998 as Reception No. 420482. 12. Trnns, conditions, obligations and provisions of City of Aspen, Raw Water Agreement as set forth in instrument recorded August 11,1998 as Reception No. 420485. 13. Terms, conditions, obligatiOlJli and provisions of City of Aspen, Pretapping Agreement as set forth in instrument recorded Angust 11, 1998 as Reception No. 420486. 14. Terms, conditions, obligations and provisions of Collection System Agreement by and between Aspen Consolidated S anitation District and James E. Moore Family Partnership, lLLP as set forth in instnnnent recorded August 11, 1998 as Reception No, 420487. 15. Terms, conditions, obligations and provisiOll5 of Aspen Consolidated Sanitation District Preconnection Agreement as set forth in instrument recorded August II 1998 as Reception No. 420488. 16. Terms, conditions, obligations, provisions and easements of Easement Agreement by and between James E. Moore Family Parlnenhip, LLLP and tbe Aspen School District No. REI as set forth in instrument recorded August II, 1998 as Reception No. 420477. 17. Terms, conditions, obligations and provisions of City of Aspen, Easement Agreement by and between the City of Aspen and James E. Moore Family Partnership, LLLP as set forth in instnnnent recorded August II, 1998 as Reception No, 420478. 18. Terms, conditions, obligations and provisions of Resolution No. 40 (Series of 1998) A Resolution of the City Council of the City of Aspen, Colorado Authorizing Execution of the ''''Agreement for Water Service Agreement"" Relating to the Extension of Water Service to the James E, Moore Family Partnership lLLP Property as set forth in instrument recorded August 11, 1998 as Reception No. 420480. 19, Easements, rights of way IDld other matters as shown and contained on Moore Annexation No.3 Plat recorded July 14, 1997 in Plat Book SO at Page 46 as Reception No. 433364, 20, Terms, conditions, obligations and provisions of Ordinance No. 24 (Series of 1999) IUl Ordinance of the City Council of the City of Aspen, Colorado Approving the Annexation of Certain Territory of the City of Aspen, Colorado to be known and Designated as the ""Moore Family Plj])"" Annexation as set forth in instrument recorded July 14, 1999 a s Reception No. 433361. 21. Tcnns, conditions, obligations IDld provisions of Ordinance of the Board of County Commissioucrs 0 fP itkin CoUDly, Colorado, Granting Approval of Rezoning from AFR-2 and AFR-IO to AFR-I for Portions of the Moore Property Located Adjacent to the Aspen Public School Campus and Amending the Official County Zoning Maps Accordingly, \ FlIcN.mber, 415& SltwartTitlcofA.Jpcn.1Dc. Womnly Docd - E>hIbi' 1 (Bx,opliOlll) POI' 2 of! -DEe 22 2003 4:03PM HP LASERJET 3200 ,.... :) p.s ,.~, Ordinmce No. 97-13 as set forth in instrument recorded June 10, 1997 as Reception No. 405216. 22. Tmns, conditions, obligations and provisions of Resohrtions of the Board of County Co!llIllissioners of Pitkin County, Colorado as follows; Resolution No. 95-173 recorded October 27, 1995 in Book 797 at Page 922 as Reception No. 386826; Resolution No. 95.30 =rded October 25, 1996 as Reception No. 398334; Resolution No. 97-75 recorded May 8, 1997 as Reception No. 404234; Resolution No, 98-57 recorded April 7, 1998 as Reception No. 415352; and Resolution No_ 99-132 recorded October 22, 1999 as Reception No. 436901. IIIBII n n~11111I11 =;~~~~ ~:18P sn.YIA DAYIS ~ITKIN COUlITV ell ~ 21,11 D ,..... pn. Humber: 4156. Stowarl Tlu..r Aapon, lnc. Wamnt)/ !leI:ll- Exlllblll (exceptiona) Pap 3 of3 ,.-.. ',-, o Applicants name: Carol & Steve Aaron 15 Falcon Road Aspen, Co 81611 Representative authorized to act on behalf of the applicant: Gary M. Johnson Wild, Wild West Development, Inc. 320 Big Pinon Drive Basalt, Co 81621 This letter is to inform the City of Aspen that Gary M. Johnson is acting as our representative for the application process for the proposed lot line adjustment between lots 1 & 2 of the Moore Family PUD. Signed: ,'......., ...~ ".' ',#', ~ ,0 .~,":Z" ...... , , AppI.... ....: e., Ii ..... Aatoa I! "'1tOIlI .... Co .1611 "'-1lItIve ~ tolCt 011 beIalf oft!>> ~ o.y M.".. Wild, WUd W... DMIor-.t. IIo. 320 lit PIaaa DIM B.ell, Co '1621 TId. lCller II It) infomJ b City of A.,.., IhIr 0Ir)I M. Joha&on itlCtlna . ClII/' r "'-alllve fer the IlJPllcadClll JlIUl*t tilt the PI'OJlOIed lot line acQlIIlaMnl between lOll I 42 oldie Muot8 PIIaIIy PlID. SI8Mcl: ~Q~ At..o/l.o,", f4fV\~ \y 2,06 ~ .,. n.u 50' I I I I , 1='-.9i '1 ~ , I Ii I t' ~,' -. . DEC-~2-2a.. e9=1~ PM lHNSOH 970~1' ~"jl44 "" P.i,H CITY 01' ASPEN COMMUNITY DEVELOPMENT DePARTMeNT Aln'MIIIIMI1 ru hVlnll!llt af ~tvef A~ ~"MHl.t ADDltf"'DI!. 1l'.~ ' CJTYOFASPBN~CITY)"'" 11fI_ ~ <5..... A1I"1 (~ft... W.~~\1lllf~1'~ 1') (lIonlnl- AI'P!.ICANT) AOIU!l! AS roLLOWS, L 1, APPUCANT baa .ublDlttod to tin III IpplicltlO" for --.'1. lJ~ LJ,.;' If t.f/i't.vtIa~.l:B12 '~z. PlucU F.4.NIf'1 (bmlllilllti'. TH! nOJ!eT). tfiJ. }" 2. APPUCAl'I'l' ""dll'_ IIlII '1\fC" 1I1al eil!' of AlP'. O,du-o. No. 5" (~'f1" of 2(00) ..tabU.... a 11:. .~"'" il>, 1....d U.. 'nli_o, and IIle p.ym..,t of a11"r,,,,.,sin& f... i. · "".dlrIODproce<lOlltt. ild&lormllllllcm ~opplioolU>D c~l04_. 3. APPUCANT GIld CITY 1l'..1!lll boe..." oillle 111,., ...",..r Of ""ope oi.h prOI'o",d project, it ia 1W:lt p~tJble lit :hiI1.imI to ~i1) the fun ~nt of the eom ir1.\~lved.. in f1TaGel'liinu;. the appH.adoQ. IJ'PUCANT .od c:t'I"V -III''' thai i. is'ia Iht iak,." of ''''' porti'" that APl'UC.uIT make "'Y"'IlIl of.. inItial dcpooll and t. ......1\..- penDl. addlticMl co.to to be '.Iilled to ~lCANT 0" . IIIOlIIb!y basil. mUCANt' "if'" IIlldlrl.nal ..... 11II}' aeaue foUowlns 1ll<1t burinill' andlor aJ1P_1a. APPLlC:ANT "8'0" ... will be beoclllod Of ~ gttI1ef oosb liqWdil)' and willmab addldonal1'J.ymen'l:llJApot'l JII0ti"~ltI~1"l by the CITY w~ they U'~ :rJeCelIllY U CClltlare ioeUITCld. (TTY .SJfta it will be: bc:ncfilc:d t!uouIb lIle ....t.. """i1l!)' of rerovmnt I" filiI ""... to proe... ....I'I'L1CANT.S Ol'l'li<atilMl. .. 4. CITY ond AI'I'J.1CANT' tbr1hc.- IF"" that it i, impncti'*l>lc fer CITY ,tofTl<l coroplet<: TM'nQOlIl!lillS or pTt!lICnt ",ufficiau trIfc:UTDlliOD to 1M ~ Oomrftit;.ion and/or ~t)' Council [(I eaablc the Pl.ama:intc' CocmmaWa NidlCJI City COUncil to make llPlly required ftncllrlS. fnr rrroject consideration, \llllou 0UTRI11 biBInp an: pa14 itllWl pDOI to doeiairm 5~ 1"heBfbrl, APPLiCANT ajVttli thai if: CiCIDI.idcnti'on, o(the CITY'. wlliveT of its Tight ~~\ COU.CI t..I1 toe. prior to . delllt u... of opJlI;eoliOll co~l......., APMJCANT shoU p,y an inilial I dtpOfitin'd\eamountnfS '.d1i1fgl~_houn O! Community ncvrlClpnK'llt ,!!itaff' time, ortd if "",,*1 r"" 00... 0,"""" Ibo initial dopodl, APPLlCA.foIT ,hall p'Y Idditional montb:~ ojlliDga to CITY to roilllb"lIl Ibe ctTY for Ibo proeessini o! /he lJlllIluUo" IllCII1!oned oDOye, illoludiroi pool opptO"*! ,evla", at. ra.. ornos,qQ P!,-p!"!lJ'!lrh!>II!_~"!!..!h!, !n!~al dcpnslt ~~cb perjodic payment< shall bo modo orilltin 30 cIlIya or the billing dats:. APPUC....NT Mth<r agrr:c. tho' failuro to pay ,ueh ..cnu><I._ oItalllx: polllll1a for ........i"" .rpmeouina.1IlII in DO C8IIC ,"i11l>uil~lIle permila 1>< i....d uotil all o().. u..,clatocl wIlh OlIO prOCMi"1l have beoo paid. CITYOFASPEN APr~T c.M.w i"',...l,\1'20~"t:""fr !ly. !ly,~l___ \ ~ I J'" AIlo WoodI , T Communlty 1lo..lop__nh"cto. Date' ,\'1", ~ .1 0' i 'Plfnl A4drat and Telephene Number: I -~10' l"~c..~DW'1Wi:.~' ~-Cioo\A~ ,,"_..-1 ..,~ I I 2.\"\)%'1-"'5 I'lauppuri\tor.......~yu._ ~lOlID3 "..., " , ~ ",.,I CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: PROJECT: REPRESENTATNE: OWNER: TYPE OF APPLICATION: DESCRIPTION: James Lindt, 920.5095 DATE: 11/3/03 Lots I & 2, Moore POO Amendment- Building Envelope Adjustment Gary Johnson Carol & Steven Aaron POO Amendment- Building Envelope Adjustments PUD Amendment to amend the building envelope on Lot I of the Moore POO to allow for an expansion of a patio that is already located outside of the building envelope. Additionally, the Applicant would like to move the entire building envelope on Lot 2 to the southwest because it is also owned by the same individual that owns Lot I. land Use Code Section(s) 26.445.100(8) Amendment of PUD development order. Review by: Public Hearing: Planning Fees: Staff for complete application, referral agencies for technical considerations, Community Development Director for a written recommendation. The Planning and Zoning Commission will then review and decide on the proposed request at a public hearing. If the application is denied by the Planning and Zoning Commission, the Applicant has the right to appeal the denial to City CounciL Yes, before the Planning and Zoning Commission. Planning Deposit $1,260 for 6 hours of Staff Time (If staff exceeds 6 hrs of review time, the additional time spent will be billed out at $210 per hour). $1,260 Total Deposit: To apply, submit the following information: I. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Signed fee agreement. 4. Pre-application Conference Summary. 5. An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. 6. An improvement survey showing both the proposed and existing building envelopes on both lots. 7. A written description of the proposal and a written explanation of how the proposal complies with the review standards relevant to the development application. 8. 1 0 Copies of the complete application packet (items 2-7) Process: Apply. Planner checks the application for completeness. Staff then reviews the application against the PUD Amendment Standards. Staff then makes a written recommendation to the Planning and Zoning Commission. The Planning Commission may approve, approve with conditions, or deny the request at a public hearing. If the Planning and Zoning Commission denies the request, the Applicant has the option of appealing the denial to City CounciL 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 mayor may not be accurate. The summary does not create a legal or vested right. .... ,~.. 4- I .. :j L 4 . . . <( .. !III It V .... ln~ . t I 'illi'lf. : -~ ~ "" :1 " ... .. 11IIII ~ I i.,,., 1, NlObi::e TY,'l\"1 pub .' o ~ ~ \.f'l ~o C'l <.'V ~" <.'V 0 ~ 18 1 \ ..,,- ''''. ;, . ; , " " . .5'~ ~'..... " ~"I-.:: l'l ',. _ " , 1.:.__ " ", t,. _ __",~ I' _____ ~ " !_------ '~~.'" - -- ",., .....- ':\. .--..........-- . ------~~~, - -- ' ..~, - .... '"''',---- " ..... .... ---- w.... .... .. " .._-~-- ..... '- ....- .." ',&"'. "- ,~, ''', ---- - - I""" """'" - -- 12-01-03 Carol & Steve Aaron 15 Falcon Rd. Aspen, Co 81611 9707 Meadowbrook Dr., Dallas, Tx 75220 214-369-7775 Representative: Gary M, Johnson Wild, Wild West Development, Inc. 320 Big Pinon Dr., Basalt, Co 81621 970-927-4955 Lot Line Adjustment application for lots 1 & 2 in the Moore Family PUD also known as Five Trees. Overview: Carol & Steve Aaron, owners of lots 1 & 2, are applying for a lot line adjustment. Their intent is to create a larger greenbelt between the two lots and yet still retain the initial character of the PUD. A. General Requirements: 1. The proposed lot line adjustment is consistent with the Aspen Area Community Plan. 2. The proposed lot line adjustment is consistent with the character of existing land uses in the surrounding area. 3. The proposed lot line adjustment will not adversely affect the future development of the surrounding area. 4. The proposed lot line adjustment is exempt from GMQS allotments. B. Establishment of dimensional requirements: 1. The proposed dimensional requirements for the subject properties are appropriate and compatible with the following influences on the property: a) The character of, and the compatibility with, existing land uses in the surrounding area ,- '-' ~, , ,; b) Natural or man-made hazards c) The existing natural characteristics of the property and surrounding areas such as steep slopes, waterways, shade, and significant vegetation and landforms. d) The existing man-made characteristics of the property and the surrounding area such as noise and traffic. 2. The proposed lot line adjustment permits a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the existing PUD and the surrounding area 3. The appropriate number of off-street parking spaces is not affected by this lot line adjustment. 4. No response needed 5. The maximum allowable density within the Moore Family PUD will not be affected by this lot line adjustment. 6. Again, the density will not be affected by this lot line adjustment. C. Site Design: 1. The proposed lot line adjustment actually enhances the PUD by increasing the distance between the two building envelopes and yet retains the character of the initial PUD. 2. The structures for each lot will still be close enough together that they will appropriately preserve significant open spaces and vistas. 3. The structures orientation will not change. They are and will be oriented to Powderbowl Trail and will provide visual interest and engagement of vehicular and pedestrian movement. 4. The emergency and service vehicle access is not affected by this lot line adjustment. 5. Pedestrian and handicapped access is not affected by this lot line adjustment. 6. With the proposed lot line adjustment, site drainage of both lots 1 and 2 is actually enhanced because of the additional space between the lots. 7. Does not apply D. Landscape plan: """' .....,"'"" "..... , -' 1. The landscape plan for the PUD is not affected by this lot line adjustment. E. Architectural character: 1. The architectural character of the PUD will not be affected by this proposed lot line adjustment. F. Lighting: 1. Lighting does not apply to this lot line adjustment. G. Common Park, Open Space or Recreation Area: 1. The proposed lot line adjustment does not affect the existing Open Space ofthe Moore Family PUD H. Utilities and Public facilities: 1. The proposed lot line adjustment does not affect the existing utilities of the Moore Family PUD. I. Access and Circulation: 1. The proposed lot line adjustment does not negatively impact access and circulation on Powderbowl Trail. J. Phasing of Development Plan: 1. The phasing of development plan is not affected by this lot line adjustment. -, \. ' ., ""'" J City Of Aspen application Overview of proposed lot line adjustment The applicants, Steve and Carol Aaron, propose the following: A lot line adjustment between the common property line of lots 1 and 2 in the Moore Family PUD. Both lots are owned by the applicants with the following sizes- Lot 1 is 2.199 acres + OR - and Lot 2 is 1.949 acres + or -. The applicant proposes to move the lot line 25 feet to the southwest. With the adjustment of the new lot line, the building envelopes of both lots would move accordingly. The building envelope of lot 2 would increase while the building envelope of lot 1 would decrease. Lot 1 is a vacant parcel. Lot 2 has the applicants residence on it. The increase in the building envelope for lot 2 would be beneficial in that the existing home has a flagstone patio which encroaches the current building envelope by approx 5 feet and with an adjustment to the southwest, the patio would easily be encompassed into the new envelope. The envelope on lot 1 would actually decrease in size to allow for the adjustment. The proposal complies with the review standards relevant to the proposed lot line adjustment. MEMORANDUM TO: Plans were routed to those departments checked-off below: o ........... City Engineer O. . . . . .... Police Department o ........... Zoning Officer o ........... Housing Director X ........... Parks Department 0........... Aspen Fire Marshal o ........... City Water o ........... Aspen Consolidated Sanitation District o ........... Building Department O. . . . . . . . . .Parking Department o ........... Environmental Health o ........... Electric Department o ........... Holy Cross Electric o ........... City Attorney o ........... Streets Department 0........... Historic Preservation Officer o ........... Pitkin County Planning 0......... DFtC James Lindt, Planner Community Development Department 130 So. Galena St.; Aspen, CO 81611 Phone-nO.S09S Fax-920.S439 FROM: RE: 15 Falcon Ftdll28 Powderbowl Lane Building Envelope Adjustments DATE: 1/30/04 COMMENTS: Brian, Please review the attached application to amend the building envelopes at 15 Falcon Ftd and 128 Powderbowl Lane. The Applicant wants to expand the building envelope on Lot 2 to encompass a small patio that was built outside the building envelope without approval. In order to expand the building envelope on Lot 2, the Applicant has proposed to reduce the size of the building envelope on Lot I, which they own as well. Julie Ann and the remainder of the Planning Staff felt that we could probably process this application administratively. Please review and return comments as to any conditions you would like placed on the request. Thank You, James Lindt - ....... . THE CITY OF ASPEN Land Use Application Determination Of Completeness Date: January 2, 2004 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number, name, and property identification number assigned to this property is A083-03. The planner assigned to this case is James Lindt. o Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you, application: l. Show both the existing and proposed building envelopes for each lot on the draft lot line adiustment plat that you submitted. Provide a letter with more detail as to why the Applicant is requesting to move the lot line and building envelopes. 2. 3. 4. 5. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. o Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact James Lindt at 920-5095 if you have any questions. Thank You, ? ames Lindt, Planner City of Aspen, Community Development Department H:~amesl_folder\letters\15 Falcon Road letter. doc - ......' ""'" ...", City Of Aspen application Overview of proposed lot line adjustment The applicants, Steve and Carol Aaron, propose the following: A lot line adjustment between the common property line of lots I and 2 in the Moore Family PUD. Both lots are owned by the applicants with the following sizes- Lot I is 2.199 acres + OR - and Lot 2 is 1.949 acres + or -. The applicant proposes to move the lot line 25 feet to the southwest. With the adjustment of the new lot line, the building envelopes of both lots would move accordingly. The building envelope of lot 2 would increase while the building envelope of lot I would decrease. Lot I is a vacant parcel. Lot 2 has the applicants residence on it. The increase in the building envelope for lot 2 would be beneficial in that the existing home has a flagstone patio which encroaches the current building envelope by approx 5 feet and with an adjustment to the southwest, the patio would easily be encompassed into the new envelope. The envelope on lot 1 would actually decrease in size to allow for the adjustment. The proposal complies with the review standards relevant to the proposed lot line adjustment.