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HomeMy WebLinkAboutcoa.lu.ec.423 N 2nd St.Lot Line Adjustment 0007.06--423 N Second St Lot Line Adjustment 2735-12-4-14-003 Case 0007.2006.ASLU E C' 0 0 City of Aspen Community Development Dept. CASE NUMBER 0007.2006.ASLU PARCEL ID NUMBER 2735-12-4-14-003 PROJECT ADDRESS 423 N SECOND ST PLANNER CASE DESCRIPTION REPRESENTATIVE '3:q►[e7_[el►[iL LOT LINE ADJUSTMENT LESLIE LAMONT 963-8434 DATE OF FINAL ACTION 3/3/2006 12:0( CLOSED BY Denise Driscoll OFFICERS President J.D. POTTER Pueblo Regional l' Vice President BARBARA KUETTEL City of Westminster 2od Vice President PATRICK BUCKLEY Town of Berthoud Secretary STEPHEN KANIPE City of Aspen Treasurer STEVE BYER Arapahoe County CHARLIE STANLEY Town of Breckenridge COREY SCHIMIDT City of Boulder DAVE VAUGHN Pueblo Regional PETE BEMELEN City and County of Denver SHAUNNA MOZINGO City of Glenwood Springs PAST PRESIDENT DAVE HORRAS City of Westminster 1. 2. 3. Colorado Chapter, Inc. of the International Code Council Post Office Box 921, Arvada Colorado 80001 www.coloradochaptericc.org BUSINESS MEETING Great Divide Lodge.550 Village Road Breckenridge, Colorado August 5, 2005 3:15 p.m. Call to order and roll call: Approval of Minutes: Treasurer's Report: 4. Correspondence: • Thank you from Shelly Ragulsky. • Thank you from Education Services. • E-mail from Laura Scott Disaster Response Volunteers. S. Committee Reports: Standing Committees: Code Change Cooperate Affairs/ Bylaws Education Program Ad -Hoc Committees Awards Contractor Regulations Disaster Mitigation Legislative Membership Newsletter Standardization Storage/Historic Past Presidents Public Relations Web Page 6. Liaison Reports FMAC CAMPO CAPT CML CCI ICC HBA 7. Old Business Gerry George, Tom Meyers Steve Byer Dan Nickle, Stephen Kanipe, Dan Nickle Greg Wheeler Steve Thomas Tom Thompson, Greg Wheeler Jim Thelen, Barb Kuettel Tom Meyers Steve Byer Gerry George Tom Thompson Dave Horras J.D. Potter Carol Mulson Jim Thelen Becky Baker Greg Wheeler Tom Thompson Gerry George Kim Calomino 1h1 I:RNAI IONA[ cot IF CCIL 11-11_ The Colorado Chapter of the International Code Council is dedicated to the improvement of building safety, by promoting and improving the International Codes, educating the building industry, public and our membership, and providing mutual aid to Win g professionals. 40 521Eq Page: i of 1 JANICE K VOS CAUDILL PITKIN COUNTY CO R 6.00 03/08D20 00.0:164 MEMORANDUM TO: Chris Bendon, Community Development Director FROM: Ben Gagnon, Special Projects Planner RE: McManus Lot Line Adjustment DATE: March 3, 2006 SUMMARY: James R. McManus is the owner of property at 423 N. Second Street, Block 41, Lots D, E, F, G, H and I, including Parcel 1 (Lots D, E, and F) and Parcel 2 (Lots G, H, and I), and is represented by Leslie Lamont. Mr. McManus has requested a lot line adjustment, moving the westerly lot line of Parcel 2 to the west, incorporating 3,000 square feet of Lot F into Parcel 2, for landscaping purposes. The property is in the R-6 Zone District. REVIEW PROCEDURE: The Community Development Director may approve, approve with conditions, or deny a lot line adjustment pursuant to Land Use Code Section 26.480.040(A). STAFF COMMENTS: In reviewing the Applicant's request, Staff believes that the lot line adjustment should be approved, as it does not increase allowable FAR to either Parcel 1 or Parcel 2. APPROVAL: I hereby approve this lot line adjustment for the property at 423 N. Second Street, Block 41, Lots D, E, F, G, H and I, with the following condition: 1. The development rights on Parcel 2 accrues and are calculated from Lots, G, H and I. Lot F will be incorporated into Parcel 2 pursuant to the requested lot line adjustment, but brings no additional development rights to Parcel 2. The development rights on Parcel 1 accrue and are calculated from Lots D and E. 2. The driveway and gravel parking area on Smuggler Street will be removed and streetscaped and restored prior to the City of Aspen Building Department final inspection of new home proposed for 315 W. Smuggler (Lots D and E). 3. An encroachment license will be requested for the portion of the existing fence located in the alley south of the southerly boundary of lots G and H, per recommendation of the City of Aspen Parks Department. OA M date t:t f Chris Bendon, Community Development Director CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: James Lindt, 429-2763 DATE: 12/1/05 PROJECT: 423 N. Second Street Lot Line Adjustment REPRESENTATIVE: Leslie Lamont OWNER: McManus TYPE OF APPLICATION: No step. Subdivision Exemption for a Lot Line Adjustment DESCRIPTION: The Applicant would like a lot line adjustment to move the western lot line Street to the west, incorporating 3,000 square feet of the neighboring parcel into the property- at located 423 N. Second Street for landscaping purposes. The owner of the property- at 423 N. Second Street also owns the property to the west, so consent for the lot line adjustment can be provided. Since there is a residence on the property- to the vwa that would be made nonconforming b)- the lot line adjustment and the Applicant has intentions of demolishing said structure, Staff believes that it would provide for a cleaner approval if the structure was demolished prior to appl}zng for the lot line adjustment. There is also a curb cut and driveway that enters into the proper[) that is going to shift parcels as a result of the lot line adjustment. Staff would suggest that this curb cut be removed as part of a right -of -wad- permit prior to submitting the application for the lot line adjustment. The Applicant should be made aware that a lot line adjustment will not afford and- additional FAR or development rights to the property at 423 N. Second Street. A plat note to this affect shall be included on the plat. Additionally, reducing the size of the parcel to the west ma}- take away- that parcel's ability- to construct a duplex due to minimum lot size per dtivelling unit requirements. Land Use Code Section(s) 26.480.030 Subdivision Exemptions Review by: Staff for Completeness, possibly- DRC for technical information, Community- Development Director for approval of plat. Public Hearing: No. Referral Agencies: Engineering Planning Fees: Planning Deposit ($660 for 3 hours of staff time) Referral Agency- Fees: Engineering, Minor ($190); Total Deposit: $850 (additional hours are billed at a rate of $220/hour) To apply, submit the following information: }/r Total deposit for review of the application. 2. Completed Land Use Application. 11K Proof of ownership (for both properties) W Signed fee agreement 5. Applicant's name, address and telephone number in a letter signed b)- the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 6. 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 apple for the Development Application. 7. 2 Copies of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1/ea.; Planning StaH= 2 ' \,ti coC� k.�-tu :s -P-,n • 8. 2 Draft Plats that include the current status of the parcel, including all easements and vacated rights -of -ways, that is certified by a registered land surveyor, licensed in the state of Colorado. The plat should also show the proposed lot lines and be approved by both owners involved in the lot line adjustment. 9. 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 refer to the review standards in the application. 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. • 0 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Amen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Jim MOM Im uh (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for 0T W14, /kD.l0 -*,r t"T (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ A050 -00 which is for +— hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN A PLI ANT By: By _ Yr Chris Bendon Community Development Director Date 3t_ Billing Address and Telephone Number: Required g:lsuppor4lformslagrpayas.doc 11/30/04 RETAIN FOR PERMANENT RECORD 0 McManus Lot Line Adjustment February 2, 2006 Submitted by: Leslie Lamont Lamont Planning Services, LLC 725 Melissa Lane, Carbondale CO 81623 llamont@sopris.net 963-8434 • McManus Subdivision Exemption for a Lot Line Adjustment INTRODUCTION The applicant, Mr. James R. McManus, seeks to adjust the property boundary between two residential properties that are both owned by the applicant. Pursuant to Section 26.480.030 Subdivision Exemptions for a lot line adjustment, this type of land use review requires a review and approval from the Community Development Director of the draft plat and recordation of a subdivision plat illustrating the property boundary adjustment. Per the requirements of Section 26.304.030 this application contains a letter signed by the applicant providing contact information as well as authorization for Lamont Planning Services, LLC to represent them in this process. A vicinity map, proof of ownership and a draft subdivision plat are also included with this application. PROJECT DECRIPTION The applicant proposes to adjust the property boundary between 315 West Smuggler Street and 423 North Second Street. The property is located in the West End of Aspen. The 315 West Smuggler Street property is approximately 9,000 square feet and comprises Lots D, E, & F of Block 41 in the Historic Townsite of Aspen. For purposes of this application this property shall be referred to as parcel 1. The 423 North Second Street property is approximately 9,000 square feet and is comprised of Lots G, H, & I of Block 41 of the Historic Townsite of Aspen. The home at 423 North Second Street is on the Inventory of Historic sites of the City of Aspen. For purposes of this application this property shall be referred to as parcel 2. Currently, parcel 1 is vacant. The previous single family home was demolished in December of 2005. Another single family home is proposed for that site and has been designed to conform to the adjusted property. Submittal of a building permit for this home is on hold pending the approval and recordation of the lot line adjustment subdivision plat. DISCUSSION Pursuant to Section 26.480.030 the following standards shall be met to permit a lot line adjustment: a. It is demonstrated that the request is to correct an engineering or surveying error in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels. Response: The applicant owns both properties and seeks to increase the size of parcel 2 to benefit the historic resource. The applicant's representative has been working with the City of Aspen Land Use Application McManus Lot Line Adjustment February 2, 2006 Historic Preservation Officer to improve the integrity of the historic home (renovations are proposed for the interior of the home as well as outside site design improvements). To that end a greater yard area is desired that will relieve development pressures on the west side of the home. Currently, a brick patio fills the entire west side of the property and is too tight against the home offering very little room for improvements. The applicant proposes to improve this area with more landscaping and enhanced outdoor circulation on this side of the home. The property boundary between parcels 1 and 2 is proposed to be adjusted to eliminate Lot F from parcel 1 and Lot F to parcel 2. (A building permit for the renovations proposed for the historic home have been submitted for review and approval.) b. All landowners whose lot lines are being adjusted shall provide written consent to the application. Response: As stated above the applicant owns both properties. Warranty Deeds are attached to this application as well as authorization from the applicant to pursue this lot line adjustment. c. The corrected plat will meet the standards of this chapter, and conform to the requirements of this title, including the dimensional requirements of the zone district in which the lots are located, except in cases of an existing nonconforming lot, in which the adjustment shall not increase the nonconformity of the lot. The plat shall be submitted and recorded in the office of the Pitkin County Clerk and Recorder. Failure to record the plat within a period of one hundred eighty (180) days following approval shall render the plat invalid and reconsideration of the plat by the Community Development Director will be required before its acceptance and recording. Response: The size of parcel 1 will be reduced to 6,000 square feet. The minimum lot size in the R-6 zone district is 6,000 square feet. The new home that is proposed for this vacant parcel shall meet all the dimensional requirements of the R-6 zone district as well as for the adjusted property boundary. The improvements proposed for parcel 2 are landscape and site design in nature and no improvements to the structure of the home are proposed except for interior renovations. Because the residence is found on the Inventory of Historic sites of the City of Aspen any improvements to the interior and exterior are being considered in conjunction with the Historic Preservation Officer for the City of Aspen. During a pre -application conference with City staff it was noted that an existing driveway on parcel 1 would straddle both parcels 1 and 2 after the lot line adjustment. Both the caseload planner and City Engineer have requested a plat note that ensures that the driveway will be removed from the adjusted property of parcel 2. The applicant proposes to utilize the existing driveway as construction access for the reconstruction of the home on parcel 1. Therefore the application suggests the following note for the plat related to this issue: City of Aspen Land Use Application 2 McManus Lot Line Adjustment February 2, 2006 "The existing driveway located on Lots E & F Block 41 of the City of Aspen and gravel driveway apron that extends to West Smuggler Street on City right-of-way shall be removed and the streetscape restored prior to final building inspection for the new home on parcel 1 (Lots D and E of Block 41)." A similar note will be added to the building permit application for the new residence on parcel 1. In addition to the driveway that will be affected by this lot line adjustment, the City Engineer noted that a fence on the south side of both properties encroaches into the alley. The applicant will remove this encroachment prior to final building inspection of the renovations and landscape improvements that are to occur on 423 Second Street. Removal of the fence is reflected on the plat. However, there is one section of the fence, approximately 30 feet long, that supports four mature bristlecone pine trees that cannot be removed from the alley without jeopardizing the health of the trees. Therefore the applicant, after reviewing the situation with the Parks Department, proposes to enter into an encroachment license agreement with the City of Aspen to maintain this portion of the fence that supports the trees in the public right-of-way. A note to this affect has been added to the draft plat. d. It is demonstrated that the lot line adjustment will not affect the development rights, including any increase in FAR, or permitted density of the affected lots by providing the opportunity to create a new lot for resale or development. A plat note will be added to the corrected plat indicating the purpose of the lot line adjustment and the recognition that no additional FAR will be allowed with the adjustment. Response: The applicant understands that a lot line adjustment shall not be considered for purposes to increase the potential FAR and therefore is not seeking an increase in allowable floor area for the parcel 2 property. Similarly, the reduction of the size of parcel 1 reduces the amount of allowable floor area for that parcel and may preclude the ability to construct a duplex on parcel 1. The final result of this proposal is to reduce the overall allowable floor area for both properties a total of 420 square feet. (The proposed home for parcel 1 is a single family home not a duplex.) Plat notes are included on the draft plat confirming the purpose of this boundary adjustment and that no new FAR is permitted as part of this lot line adjustment. A note is also included stating that the reduction of the size of parcel 1 may preclude the development of a duplex. ATTACHMENTS Applicant Contact Information & Authorization Letter Vicinity map Warranty Deed 315 West Smuggler Warranty Deed 423 North Second Street City of Aspen Land Use Application McManus Lot Line Adjustment February 2, 2006 Jan 24 06 01:44p Jar-24 2006 11:21AY Jan 24 06 11:04a ,q K ARCHITECTURE & DEVE:OF�MENT 6. 0165 P. 2 L ce Luckett 970- 3-0944 I p.2 January 24, 2006 Mr. James Lindt City of Aspen Conummity Deve1cptncnt Department 130 South Galeaa Saner Aspen, C O R 1611 Re: McManus Lot Line Adjustm=l Dew James, In cargty tioo with the Lot Line Adjuetroem lwW use application, Leslie Lamont of Lamont Planning Spviom, LLC, will act as authorized repsosentstive on behslfof my Properties " my inure tts. Lcstie Lamont Lamont Planning Services. LLC; 725 Melissa Lane Carbondale, CO 81623 970-9634434 r. Jwr es R. McManus 4 orth /Acne Bri geport, CT 06606 203-610-8275 w VACINTY MAP OF: s LOTS D,E,F,G,H AND BLOCK 41 CITY AND TOWNSITE OF ASPEN COUNTY OF PITKIN, STATE OF COLORADO. SHEET 1 OF 1 1p `,OLF COURSE• �'�4 .�' y` .� � Q • /„1• l _, c'`` ;. i f . �; • + � � • .� tj III � � ShatjF'j r r/'rr,?�,%t'''rr r � i• I �'u'fdP:i- � � 3+.� Fitl�waCti�..,� '. 1 �('I cPM Reath I,;ti l t;�l� ..;' 1i 1.t` s� , �� t „r, 7 •'„rye- l•� ie' � t 1 � u .- ."T�n1v. • r �'4 :.�".' j_1�'�W-i���'• ••' �� T"i.'��. \,, �` v\ : �`�. N.7 r i - 4 Gra VP; pits. Al 77-1 - -. � Q '.1 k(i ��• of .: �%%%/// � a. SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 25175 01 /25/06 25175VIC.DWG CITY OF ASPEN 0 HRETT PAID v DATE REP NO. pqu�V5 cm ?'"�) L� Filed for record the day of A.D. at o'clock By M. Reception No. WARRANTY DEED THIS DEED, Made on this day of October 06 2005 , between JENNIFER N. FIGGE of the JAMES R. MCMANUS county of J� ASPEN r►'cTT PAID s ti REP NO. ECORDER Y. and State of IOWA , of the Grantor(s), and whose legal address is : 468 BAY LANE KEY BISCA11 �nd Stat 3of49 RIDA of the Grantee(s): of the Canty of WITNESS, That the Grantor(s), for and in consideration of the sum of ($3, 000, 000.00 ) DOLLARS sxx Three Million and 00/100 *** the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the lying and bei , his heirs and assigns forevCrountylthe of real property, together with improvements, Cot any .1describedas follows: in the PITRIN LOTS D, E & F, BLOCK 41, CITY OF ASPEN COUNTY OF PITRIN STATE OF COLORADO also known as street number 315 WEST SMUGGLER ASPEN CO 81611 TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues in larid profits thereof; and and all the the above estate, right title interest, claim and demand whatsoever of the Grantor(s), gained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s), his heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises 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 soever, EXCEPT OENERAL TAXES AND A9869aXENTB TOR TAM YEAR 200E "M SUSSROUZOY YEARa Am SUBJECT TO TEOSE ITMO AS SET FORTH ON EXHIBIT -A• ATTACSED SERBTO "D 1NPO"ORATED HEREIN. The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises. in the quiet and peaceable possession of the Grantee(s), his heirs and assigns, against a(( and every person raons lawfully ctainting the whole or any part thereof. The singular number shall include the plural, and the plura the ngular, and the use of any gender shad be applicable to all genders. IN WITNF,SS WHEREOF the Grantor(s) has executed this deed on the date t forth bone_ 516104 TRANSFER DECLARATION RECEIVED 10/12/20@5 STATE OF COLORADO ) )as. County of PITRIN ) BY: IN 111111 56 200 09:51i SILVIA DAVIS PITKIN COUNTY CO R 11.00 0 300.00 The foregoing instrument was acknowledged before me on this day of October 06 2005 by JENNIFER N. FZGGE My commission expires J 00K^� Witness my hand and of i seal. Name and Address of Person Creating Newly Created Legal Descn ",, �a Escrow# o386794 �� _ ti}�N WEI.rded Title# 0386794rss�On Edb& 82 08/29/04 WD.OPEN WARRANTY DEED (Photographic) 11, C 38-35-106.5, C S.) e�o K�r.blolisr � �ers, . r a0 M. Co L-J EXMIT A RESERVATIONS AS CONTAINED IN PATENT OF THE UNITED STATES RECORDED March 01. 1897 IN BOOK 139 AT PAGE 216. ENCROACHMENTS ONTO THE ADJOINING PROPERTY ALONG THE EASTERLY LOT LINE OF THE FENCE, SHED AND TRASH BIN AND OF THE STONE WALK ON THE NORTH, AS SHOWN ON THE IMPROVEMENT LOCATION CERTIFICATE BY HIGH COUNTRY ENGINEERING, INC., DATED APRIL 19, 2000 AS JOB NO. 2000642.01. POSSESSORY RIGHTS LYING OUTSIDE THE FENCE LINE ALONG THE SOUTHERLY AND WESTERLY LOT LINE AS SHOWN ON THE IMPROVEMENT LOCATION CERTIFICATE BY HIGH COUNTRY ENGINEERING, INC. DATED APRIL 19, 2000 AS JOB NO. 2000642.01. 515104 1� 10/12/2005 09:51' I� SILVIA DAMS PITK[N COUNTY CO R 11.00 D 300 . 00 ,I TY jF ASPEN • OF ASPEN 0 VY 2,1 HRETT PAID F%ETT PAID DATE REP NODATE REP NO. r D ��fll a5 �� �`fii`1f 10l�foS /4l%r ��7�1 b Filed for record the day of A.D. at o'clock m. DEPJRECORDER T. Reception No. _ By WARRANTY DEED THISDEED, made on this day of October 06, 2005 between THOMAS K. FIGGE, TRUSTEE OF THE THOMAS K. FIGGE QUALIFIED PERSONAL RESIDENCE TRUST of the JAMES R. XCXANUS County of and State of , of the Grantor(s), and whose ["at address is :468 BAY LANE KEY BISCAYNE FL 33149 of the County of and State of FLORIDA of the Grantee(s): WITNESS, That the Grantor(s), for and in consideration of the sun of ($6, 000, 000.00 ) *** Six Million and 00/100 *** DOLLARS the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee(s), his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of PITKIN and State of Colorado, described as follows: LOTS G, H, & I, BLOCK 41, CITY AND TOWNSITE OF ASPEN. COUNTY OF PITKIN, STATE OF COLORADO. also known as street number 423 NORTH SECOND STREET ASPEN CO 81611 TOGETHER with atl and singular and 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(s), 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 appurtenances, unto the Grantee(s), his heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in taw, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in marvmer 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 OENEtAL TAXES AND ASSESS1000TS FOR THE yff" 2005 AND SDESE0m7Ej;T yXA" AND SUBJECT TO THOSE ITWS AS SET FORTE ON EXHIBIT 'A' ATTACHED ELEETD AND INCORPORATED NEIIEIUI. The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS W HERF,OF the Grantor(s) has executed this deed on the date set forth above. 516108THE THO FIGGE Q FIE NAB RESIDENCE TRANSFER DECLARATION RECEIVED 10112/2005 B u � T OMAS .FIGGE, TRUSTEE STATE OF COLORADO ) )ss. County of PITKIN _) 516108 I I IIII �IIII �� NIII (III IIII Page: 0/ 12/2005 09 :57$ III IIIII�IIIIIIIIIIIII I II I SILVIA DAVIS PITKIN COUNTY CO R 11.00 D 500.00 The foregoing instrument was acknowledged before me on this day of 0 C by THOMAS K. FIGGE AS TRUSTEE OF THE THOMAS K. FIGGE Pty commission expires '' Witness wy hand are) offici ls al. 30!'NSON Name and Address of Perso Creati N y Escrow# 0386793 1 i t l eat G386793 My C_.Nssion Expires Form 42 08/Z9/04 WD.OPEN WARRANTY DEED (Phot C Notar jK PUDI m l scriptio (-35-106.5, C.R. 14 ded Retu tV C' rf S 4 XrS " 8!' `�mv rs ao N �m It i�) st� 0 9 ExH[B T A RESERVATIONS AS SET FORTH IN PATENT RECORDED MARCH 1, 1897 IN BOOK 139 AT PAGE 216 ENCROACHMENT OF PLANTERS AND DRIVEWAY ONTO ROAD RIGHT OF WAY AS REPERRED TO IN DEED RECORDED OCTOBER 22, 1993 UNDER RECEPTION NO. 362356 516l@8 IIII "�� II IIIIIII` 1I�I11IPage:II II of 2 16//12 2005 09:57t R 1i. o600.0 SILViR DAMS PITKIN COUNTY GO 0 Ll File Edit Record Navigate Fprm Repeats Format Tab Hel - Routirghistoy 1 s I Sub?ermitsyakra►ion I PtOc Comment I ,m R' Main i RoyYrg Status Arch/Eng 1 Parcels 1 Custom Froids 1 Fee§ 4 Customer Re -guest Attachrrienr FeeSurnmaiy p,_rien, Perm4 Type ��A; L-d Use 2004 Permit # �t1107.2O06.ASLU Address 423 N SECOND ST A AptlSuite City � � State t` ' Zip 81611 : � Perrrvt Information Master Pemid 2 Routig Queue I'�""'� Applied 02/02/2006 Project F r! Status p;Z9 Approved ' �I Description LOT UNE ADJUSTMENT Issued F - . �--- Final Submitted ILESUE LAMONT 963-84M Cock Runr*V Days 1 0 E"paes 01/28/2007 --1 Viable on the web? Permit ID: 37318 _ Ov+r+er Lad Name MCMANUS Fist Name DAMES R 43 NORTH AVE BRIDGEPORT CT CT Ph. ,(2 ) 6108275 (✓ OwnetlsApplicant? ApplicarA Last Name 'MCMANUS � � Fist Name [DAMES R r437NOATHAVE PORT CT 06606 Phone '(203J 610.8275 Cust # 26694 I t 2735-12-4-147003 ,, Citizens who contributed their valuable time and effort! FEW . Sven Alstrom • Debbie Ayers • Deborah Barnekow • Sally Barnett • Steve Barwick • Howard Bass • Gary Beach • John Bennett • Jeremy Bernstein • Bob Blaich • Kitty Boone • Joan Bracken Bain • Steve Buettow • Joy Caudill • Cowan Chang • Anne Chapman • Steve Child • Patty Clapper • Sha Cohen • Jennifer Cohen • Jim Collins • Karen Coordes • Carol Craig • Jennifer Craig • Jim Curtis • Bob Daniel • Don Davidson • Tammie Dawson • Nick and Maggie De Wolf • Pete Dempsey • Jane Dinsmoor • Susan Dodington • John Doremus • Tom Dunlop • Janey Elder • Gayle Embrey • Donnelly Erdman • Ron Erickson • Michael Ernemann • Bill Fales • Pat Fallin • Steve Falender • Dorothea Farris • Barbara Field • Heidi Friedland • Anne Gardner -Smith • Janet Garwood • Linda Gerdenich • Evan Griffiths • Ted Guy • Jeffery Halferty • Roger Hanneman • Georgia Hanson • Connie Harvey • Patti Hecht • Carol Hershey • Patricia Hill • Mary Hirsch • Heidi Hoffmann • Phil Holstein • Heather Hopton • Martha Horan • Keith Howie • Ellen Hunt • Roger Hunt • Mick Ireland • Shad Johnson • Deborah Jones • John Kane • Stephan Kanipe • Jackie Kasabach • Chad King • Helen Kalin Klanderud • Joanie Klar • Jamie Knowlton • Toni Kronberg • John Krueger • Leslie Lamont • Bob Langley • Darnell Langley • Marcella Larsen • Donnie Lee • Scott Levine • Jonathan Lewis • Scott Lindenau • Bill Lipsey • Carol Loewenstern • Shelley Lundh • Lynne Mace • John McBride • Lisa A. McManigal • Peter Martin • Susan Melville • Jamie Miller • Tim Mooney • Roger Moyer • Mark Nieslanik • John Noonan • Damian Panetta • Fonda Paterson • Terry Paulson • Frank Peters • Tony Petrocco • Jody Phillips McCabe • Roberto Posada • Kaaren Ray • Suzannah Reid • Jim Reser • Doug Rhinehart • Rachel Richards • Ann Rickenbaugh • Melanie Roschko • Shellie Roy -Harper • Scott Russell • Nasser Sadeghi • Patrick Sagal • Gilbert Sanchez • Sheri Sanzone • John Sarpa • Steve Saunders • Tim Semrau • Sandy Simpson • Doug Smith • John Starr • Charlie Tarver • Nida Tautvydas • Laura Thielen • Peter Thomas • Dave Tolen • Roz Turnbull • Jasmine Tygre • Chris, Jackie and Jessica Tyler • Doug Unfug • Jill Uris • Chuck Vidal • John Walla • Randy Wedum • EM Weinstein • Jannette Whitcomb • Steve Wickes • Wilk Wilkinson • Steve Whipple • King Woodward • Mary Woulfe • John Young • Brad Zanin • Robert Zupancis Names in bold denote Oversight Committee Members and Alternates