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Home My WebLink Aboutlanduse case.AP.113 Aspen Grove Rd.A37-91FINK INSUBSTANTIAL PLAT AMENDMENT O A37-91 'A At-CL, N PLANNING OFFICE ,4v �vuth Galena Street Aspen, Colorado 81611 (303) 920-5090 LAND USE APPLICATION FEES City 00113 -63250-134 GMP/CONCEPTUAL -63270-136 GMP/FINAL -63280-137 SUB/CONCEPTUAL -63300-139 SUB/FINAL -63310-140 ALL 2-STEP APPLICATIONS -63320-141 ALL 1-STEP APPLICATIONS/ i (� CONSENT AGENDA ITEMS REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00115 -63340-163 ENGINEERING SUBTOTAL'—� County 00113 -63160-126 GMP/GENERAL -63170-127 GMP/DETAILED -63180-128 GMP/FINAL -63190-129 SUB/GENERAL -63200-130 SUB/DETAILED -63210-131 SUB/FINAL -63220-132 ALL 2-STEP APPLICATIONS -63230-133 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS -63450-146 BOARD OF ADJUSTMENT REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00113 -63360-143 ENGINEERING PLANNING OFFICE SALES 00113 -63080-122 CITY/COUNTY CODE -63090-123 COMP. PLAN -63140-124 COPY FEES -69000-145 OTHER SUBTOTAL TOTAL Name: Address Check # k '-:�NO Additional billing: Phone: Project: Date: #of Hours: CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: .6141/219 PARCEL ID AND CASE NO. DATE COMPLETE: A37-91 STAFF MEMBER: LL PROJECT NAME: Fink Insubstantial Plat Ammendment Project Address: Lot 1, Block 1, Eastwood Subdivision Legal Address: APPLICANT: Robert Fink Applicant Address: McSkimming Road, Aspen, Colorado REPRESENTATIVE: Theodore Guy Representative Address/Phone: P.O. Box 1640 Basalt, CO 81621 927-3167 -------------------------------------------------------------- -------------------------------------------------------------- PAID: YES (NO) AMOUNT: NO. OF COPIES RECEIVED 1 TYPE OF APPLICATION: 1 STEP: 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: N Paid: Insubstantial Amendment or Exemption: Date:/ --------------------------------------------------------------- --------------------------------------------------------------- REFERRALS: City Attorney Mtn Bell School District City Engineer Parks Dept. Rocky Mtn NatGas Housing Dir. Holy Cross State HwyDept(GW) Aspen Water Fire Marshall State HwyDept(GJ) City Electric Building Inspector Envir.Hlth. Roaring Fork Other Aspen Con.S.D. Energy Center DATE REFERRED: INITIALS: FINAL ROUTING: DATE ROUTED: NITIAL•&t/�--- City Atty City Engineer V.-Zoning Env. Health Housing Other: FILE STATUS AND LOCATION: June 27, 1991 Leslie Lamont Aspen/Pitkin County Planning Office 130 South Galena Aspen, CO 81611 Re: Lot 1 - Eastwood Subdivision Insubstantial Lot Amendment Dear Leslie: I have reviewed the Fink Proposal for an Insubstantial Lot Amendment shown to me by Tam Scott and Ted Guy. I agree and understand that the lot size of Lot 1 and the F.A.R. do not increase from the original plat. I understand the easements and licenses required and agree that this lot Amendment is in keeping with the practices of reasonable planning. Sincerely o , ohn Kelly U BR/pnp �p _ 91 104 L4 % l ' .iune 27, 1991 Leslie Lamont Aspen/Pitkin County Planning Office 130 South Galena Aspen, CO 81611 Re: Lot 1 - Eastwood Subdivision Insubstantial Lot Amendment Dear Leslie: I have reviewed the Fink Proposal for an Insubstantial Lot Amendment shown to me by Tam Scott and Ted Guy. I agree and understand that the lot size of Lot 1 and the F.A.R. do not increase from the original plat. I understand the easements and licenses required and agree that this lot Amendment is in keeping with the practices of reasonable planning. Sincerely yours, Ramona Markalluinnas £m BR/pnp 91 104 L4 MEMORANDUM TO: Bill Drueding, Zoning FROM: Leslie Lamont, Planner DATE: June 24, 1991 RE: Fink Subdivision Insubstantial Plat Amendment SUMMARY: The applicant seeks to amend the Eastwood Subdivision plat for Lot 1, Block 1 to correct a survey error. APPLICANT: Robert Fink as represented by Ted Guy LOCATION: Lot 1, Block 1, Eastwood Subdivision ZONING: R15B PROPOSAL: The platted right-of-way to the Aspen Grove Cemetery does not align with the existing drive. The Fink's propose to adjust their property line with the right-of-way alignment so the newly platted R.O.W. to the Cemetery will match the actual as built right-of-way. The amendment to the right-of-way will not alter the lot square footage (18,212) as originally platted but will give back lot area, for purposes of allowable floor area, that was lost when both the ROW and actual roadway was subtracted from buildable lot area. As a result an approximately 76 square feet of floor area may be added to the existing residence. However, the Zoning Officer will determine that actual increase in floor area prior to the issuance of any building permits. STAFF REVIEW: Pursuant to Section 24-7-1006, an insubstantial amendment to an approved plat may be authorized by the Planning Director provided it is a minor change to a plat which the Planning Director finds has no effect on the conditions and representation limiting the approved plat. FINDINGS: The adjustment to the lot line is necessary to match the platted right-of-way with the existing drive. The applicant has worked with the Engineering Department, City Attorney and Planning Department to assure that the plat amendment does not negatively impact surrounding homeowners or the Cemetery. Please see attached letters confirming that the adjustment has been reviewed by those surrounding homeowners. RECOMMENDATION: Staff recommends approval of the insubstantial plat amendment for Lot 1, Block 1, of the Eastwood Subdivision as represented with the following conditions: 1. an amended subdivision plat shall be recorded in the office of the Pitkin County Clerk and Recorder within 180 days of approval by the Planning Director; and 2. prior to filing the final plat, the adjacent property owner, John Kelly, shall review the revised plat; and 3. the adjustment does not provide additional lot area other than that which was originally platted; and 4. prior to the issuance of any building permit, the Zoning Officer shall calculate the actual increase in floor area to the existing residence; and 5. prior to filing the final plat the Engineering Department shall review and approve the revised plat. I hereby approve the insubstantial subdivision plat amendment for Lot 1, Block 1 of the Eastwood Subdivision pursuant to -,Section 24-7-1006 of the Municipal I vit above co di i Mge um, a nin ire t t 2 THEODORE K GUY -—SOCIATES PC ARCHITECTS AND STF JRAL ENGINEERS i JUN i ! J99! u 1t; May 28, 1991 Leslie LaMont Aspen/Pitkin County Planning Office 130 South Galena Aspen, CO 81611 Re: Lot 1 - Eastwood Subdivision Dear Leslie: Attached is our application on behalf of Bob and Jill Fink for an insubstantial plat amendment to correct obvious survey errors in Lot 1, Block 1 and adjacent right-of-way in Eastwood Subdivision. This plat amends the Eastwood Subdivision plat on record with the County Clerk. This amendment request is made for purposes of adjusting the right-of-way alignment to match with the Aspen Grove right-of-way and as built location. The proposed amendment to the right-of-way will not alter the lot square footage (18,212) as originally platted nor will it have an affect on the original (F.A.R.) of the site or residence. Sincerely yours, 49; Theodore K Guy, President THEODORE K GUY ASSOCIATES PC TKG/pnp 91104 L2 23280 STATE HIGHWAY B2 P.O. BOX 1 640 BASALT. COLORAOO 81621 (303) 927-3167 T (indicate street 'address, lot lozjal descripticn -v&� appropriate) v Ptvsent Zcrjing 4) Lot Size 5) AppLicnntls Nam--, Ad�f_,. & rhana ;� ,!14 6) lRep Nzme, Addre�,,,- 9L reseritative t s H GO 7 le- 4 4,' 7 �SX 7) Type- of AMI-ic2titicn (T_)1eaS,-- Chc�E-, aq 1 e,-m- I-Y) Ccndit-iw.al Use CMD2uI=::4-1 =k Corcentual Historic Dev- - special n2viev Final Final Hi stcLtic Dev. 8040 GreenLine C a r, D e7t i U3, Minor HiStoriC D--V- sn:eaz nargJ Final PLED Historic D=1-itian Mountain View P-lane Hi st-rrri c Desigmticn C-cx0cm-ina1 mization TvDrt/'M-,-7, GWS Allctment 1.0t Ste] gt� ic -jt'rLot GZIQS Ve R A E-PJ D-M(=-714 7 8) Descr-iptj _Cn of Eg uses t7,-aa- of existing st:ructL=es; a-Eproodmate sq- ft;-; amber of bedrooms; arry p`rcv��-; ai-,Drcvzds c - :_ -- _p7arited to the prcperty) 1)'R'EE5 tt75-AAez7 9) De�->�.LpUon of Develcpmnt 77-t- 10) Save you attacbed the following? to Attactm,� 2,. Cbnteit Response to Attachm2nt 3, S±--A--L-zion ccxiterrts P--spcnsa to Attactmerrt 4, T% -�-: za nL--rds far Your Applicaticn rd FRASER STREET PAGE OF ,gORA, COLORADO 80011 �X 303-371-5163 HONE 371-4141 OR CALL 1-800-373-3245 i WINCK ws-000Rs 71 �f ' if � Y � I /\ / \ ram' •�\ � _\. � ,•1 mil/ _/ CMILIN 43 .10 fir FITZHUGH SCOTT III ATTORNEY AT LAW 117 SOUTH SPRING STREET ASPEN, COLORADO 51611 TELEPHONE (303) 925-1216 FAX (303) 920-4173 May 28, 1991 Aspen/Pitkin Planning Office 130 South Galena Aspen, CO 81611 Attention: Leslie Dear Leslie: +I jF �I NAY Ly1991 Re: Robert F. Fink - Insubstantial Plat Amendment Application This letter is to certify that in connection with the enclosed Warranty Deed, that the Finks are still the owners of Lot 1, Block 1, Eastwood Subdivision. I represented the Finks at the closing on this property and still represent them. Let me know if you need any more information. Very truly yours, FS/og Encl. Fit 'i Cjfl co 11I O � Qz as a THIS 0 o DAVID A. a._Grantees, �-!Z81611. #329618 01/17/91 16:2.8 R Silvia Davis, Pitkin Cnt $15. 00 PK 638 PE) TR . er k: , Doc $90. 00 GENERAL 1fARXt QED # DEED made this I14-4-between day of January, 1991, :3 W GOLDBERG, Grantor, and ROBERT K. FINK AND JILL P. FINK, Ln' whose legal address is 0113 Aspengrove Road, Aspen, CO M 0- m V WITNESSETH That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consider- ation, 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 Grantees, their successors and heirs forever, all the real property together p with improvements, if any, situate, lying and being in the County of Pitkin, State of Colorado, described as follows: p, Lot 1, Block 1 Eastwood Subdivision pad �" 04� COUNTY OF PITKIN, STATE OF COLORADO O r Also known by street and number as 0113 Aspen Grove Road, tucY H 'Aspen, Colorado 81611. 4J TOGETHER with all and singular the hereditaments and appurten- ances 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 Grantees, their succes- sors and heirs forever. And the Grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the Grantees, their successors and heirs, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, have good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have 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, encum- brances and restrictions of whatever kind or nature soever, except the following exceptions: 1. General taxes for 1991 due and payable in 1992. 2. Reservations and exceptions as contained in Untied States Patent recorded in Book 55 at Page 196. 1 #32_9618 01/17/91 16:228 Rec $15.00 BK 638-PG 88 Silvia Davis, Pitk:in - - y Cler4::, Doc $90.00_ 3. Terms, conditions, and obligations of Protective Covenants recorded in Book 242 at Page 449 and recorded in Book 247 at Page 844, and extension thereof as set forth in document recorded in Book 616 at Page 85. 4. Easement for Eastwood Road as reserved in said Plat and Paragraph No. 22 of said Protective Covenants. 5. Easement 12 feet in width for sewer and right of way conveyed to Aspen Metropolitan Sanitation District in instru- ment recorded in Book 258 at Page 111. 6. Set -Back Restrictions as shown on Map attached to instru- ment recorded in Book 242 at Page 442. 7. Terms, conditions, obligations and provisions of Agreement by and between The Board of County Commissioners of Pitkin County and Eastwood Subdivision Association recorded in Book 435 at Page 734. S. Terms, conditions, obligation and provisions of Letter as set forth in instrument recorded in Book 492 at Page 652, and Letter recorded in Book 494 at Page 10, and Letter recorded in instrument in Book 516 at Page 001. 9. Any loss or damage as a result of enforcement or claim of adverse possession; in Notice by Barbara Morre Stanford to John Kelly and Frederick Family, as contained in instrument recorded November 14, 1988 in Book 578 at Page 510. 10. Right of Way for Gravel Drive as shown on the survey by Aspen Survey Engineers, Inc., dated January 19, 1990. All documents are recorded in the records of Pitkin County, Colorado. The Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantees, their successors and heirs, against all and every person or persons lawfully claiming 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 WITNESS WHEREOF, the Grantor has executed this General Warranty Deed on the date set forth above. 2 #3 9613 01 / 17/91 16: ? ac $15. 00 Bk'- 638 -PG 59 Silvia Davis, Pitkin Clerk, Doc $90.00 STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing General Warranty Deed was acknowledged and sworn to before me this l�j�}{-` day of January, 1991, by David A. Goldberg. My commission expires: °'Q1V� �� 4 Witness my hand and official s 9 ' = o ��1i1�1d r♦ Jay S. H"Mfttwy Pd* am FM a i*di AAW,k Qobmda 8lill Notary 3 ro Commonwealth. Land Title Insurance Company SCHEDULE B-OWNERS CASE NUMBER DATE OF POLICY POLICY NUMBER PCT-5170 1/17/91 0 4:29 P.M. 128-034706 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 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 hereto - after furnished, imposed by law and not shown by the public records. 5. Unpatented mining claims, reservations or exceptions in patents or in Acts authoriz- ing the issuance thereof: water rights, claims or title to water. 6. Taxes for the year 1991 not yet due or payable. 7. Reservations and exceptions as contained in United States Patent recorded December 14. 1911 in Book 55 at Page 196 as follows: Right of way for ditches or canals constructed by the authority of the United States. 8. Terms, conditions, and obligations of Protective Covenants recorded June 23, 1969 in Book 242 at Page 449 and recorded April 6, 1970 in Book 247 at Page 844, and extension thereof as set forth in document recorded in Book 616 at Page 85. 9. Easement for Eastwood Road as reserved in said Plat and Paragraph No. 22 of said Protective Covenants. 10. Easement 12 feet in width for sewer and right of way conveyed to Aspen Metropolitan Sanitation District in instrument recorded in Book 258 at Page 111. 11. Set -Back Restrictions as shown on Map attached to instrument recorded July 29, 1969 in Book 242 at Page 442. 12. Terms, conditions, obligations and provisions of Agreement by and between The Board of County Commissioners of Pitkin County and Eastwood Subdivision Association recorded November 16, 1982 in Book 435 at Page 734. 13. Terms, conditions, obligations and provisions of Letter as set forth in instrument recorded August 8, 1985 in Book 492 at Page 652, and Letter recorded August 28, 1985 In Book 494 at Page 10, and Letter recorded in instrument recorded August 5, 1986 in Book 516 at Page 001. -----CONTINUED----- LACommonwealth. Land Title Insurance Company SCHEDULE A -OWNER'S POLICY CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER PCT-5170 1/17/91 A 4:29 P.M. S 900,000.00 128-034706 I. NAME OF INSURED: ROBERT K. FINK AND JILL P. FINK 2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS: IN FEE SIMPLE 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: ROBERT K. FINK AND JILL P. FINK 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: LOT 1, EASTWOOD SUBDIVISION, COUNTY OF PITKIN, STATE OF COLORADO. PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. Coy tersigned thorized AgentV-' ASPEN, COLORADO 81611 (303) 925-1766 THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET. Commonwealth. Land Title Insurance Company POLICY NO. 128-034706 CASE NO. PCT-5170 SCHEDULE B-OWNERS --EXCEPTIONS--CONTINUED-- 14. Any loss or damage as a result of Enforcement or claim of adverse possession; in Notice by Barbara Morre Stanford to John Kelly and Frederick Family, as contained in instrument recorded November 14, 1988 in Book 578 at Page 510. 15. Right of Way for Gravel Drive as shown on the survey by Aspen Survey Engineers, Inc., dated January 19, 1990. EXCEPTIONS NUMBERED NONE ARE HEREBY OMITTED. FIRST PROPOSED AMENDMENT TO EASTWOOD SUBD S ON "20 INSUBSTANTIAL PLAT AMENDMENT TO EASTWOOD SUBDIVISION PLAT RECORDED IN PLAT BOOK 4 AT PAGE 4. PITKIN COUNTY COLORADO RECORDS 0 20 40 LEGAL DESCRIPTION LOT 1 EASTWOOD SUBDIVISION AND THE. ADJOINING RIGHT OF WAY AS PLATTED LABELED "COUNTY ROAD" IN PLAT BOOK 4 AT PAGE 4 OF THE PITKIN COUNTY RECORDS, CITY OF ASPEN, PITKIN COUNTY, COLORADO LOT 6. BLOCK I \_____,ISPENE SUB -DIVISION 3 \ n CI) 3 m � z 1 a P R.O.W. �Q Q IRE .•NDRANT BK 41 PG 33 N 90'00'00-W 58,20' NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT N THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT. N NO EVENT. MAY ANY ACTION BASED UPON ANY DEFECT N THIS PLAT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HERON. THE CERTIFICATION IS VOID F NOT WET STAMPED WITH SEAL OF THE SURVEYOR. BLM CAP ON TEE BAR U J Q U ro 0 I ° I CRC 1F< RO 161 o Ln O N M O U'w 9184 ANHOLE 15' UTILITY EASE. LOT / . BLOCK 2 ASPEN GROVE SUB -DIVISION -- -7V---pq*.5p 00'I/ 1 Pn 9B' II' EASEMENT TYP. 0 DISH O ° L E T l j AREA 15,212 SF */- N 9 EXCLUDING R.O.W. EASE.00 •I TE M y a R.O.WBS S\ '24.62 C CA, 2: w w I AS a'� 1 PLATTED 15' L I GHT & STEPS aAS82°14'E v � S BO °38 '00 'E' 125. � �� 15. 30 13. Gl 2 36- - 7L LOT 2 EASTWOOD a I � O IO I HOUSE CARPORT I o W ( o o I I o o I o I o 2 0 0 o I � I ASPEN GROVE CEMETERY 6129 METAL GATE SURVEYORS CERTIFICATE I, JOHN M. HOWORTH, A REGISTERED LAND SURVEYOR, LICENSED UNDER THE LAWS OF THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THIS PLAT WAS PREPARED UNDER MY DIRECTION AND SUPERVISION IN ACCORDANCE WITH C.R.S. 1973 TITLE 38, ARTICLE 51 AS AMENDED AND THAT THIS PLAT ACCURATELY DEPICTS SAID PROPERTY AND THE PRECISION OF THE CONTROL SURVEY IS GREATER THAN 1:10,000. ALL EASEMENTS REFLECTED IN TITLE INSURANCE POLICY THAT AFFECT THE PROPERTY ARE INDICATED HEREON. DATED JOHN M. HOWORTH COLORADO P.L.S. 25947 TITLE CERTIFICATE .1991 PITKIN COUNTY TITLE, INC.. A LICENSED TITLE INSURANCE COMPANY AUTHORIZED TO DO BUSINESS IN PITKIN COUNTY. COLORADO, HEREBY CERTIFIES THAT THE ENTITY LISTED AS OWNER ON THIS PLAT DOES HOLD FEE SIMPLE TITLE TO THE WITHIN DESCRIBED REAL PROPERTY FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES EXCEPT THOSE AS SHOWN HEREON AS MORTGAGEES. ALTHOUGH WE BELIEVE THE FACTS STATED HEREIN ARE TRUE, THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE, AND IT IS UNDERSTOOD AND AGREED THAT PITKIN COUNTY TITLE, INC, NEITHER ASSUMES, NOR WILL BE CHARGED WITH ANY FINANCIAL LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN. TITLE PITKIN COUNTY TITLE, INC., 601 E. HOPKINS AVE., ASPEN, CO 81611 STATE OF COLORADO) )ss COUNTY OF PITKIN ) THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 1991 BY AS OF PITKIN COUNTY TITLE , INC. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC LEGEND AND NOTES SLANTED TEXT DENOTES RECORD INFORMATION FOUND SURVEY MONUMENT AS DESCRIBED - 3 WOOD FENCE - a METAL FENCE 0 UTILITY POLE ❑ UTILITY BOX WIRE FENCE O SET SURVEY MONUMENT COMMONWEALTH LAND TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE CASE NO. PCT-5170, DATED: 1/17/91 WAS USED IN THE PREARATI❑N OF THIS SURVEY AREA OF EASEMENT 3,759•/- SO FT BASIS OF BEARINGS SOUTH CORS OF LOT I S80038'E 124.62' Lit S 21t'-38'30" E 12 99' L 2= N 210 38'30•' W 7.04' OWNERS' CERTIFICATE KNOW ALL MEN BY THESE PRESENTS THAT ROBERT K. FINK AND JILL,P. FINK, OWNERS OF LOT 1 EASTWOOD SUBDIVISION.("OWNERS"), CITY OF ASPEN, PITKIN COUNTY, COLORADO AND THE CITY OF ASPEN BEING THE OWNER OF THE RIGHT OF WAY TO ASPEN GROVE CEMETERY AS PLATTED IN EASTWOOD SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO DO HEREBY REPLAT AND RESUBDIVIDE THE HEREIN DESCRIBED REAL PROPERTY AS SHOWN HEREON AND OWNERS FURTHER DECLARE THAT THE FOLLOWING COVENANTS AND RESTRICTIONS SHALL APPLY TO THE RESUBDIVIDED LOT 1 AS FOLLOWS: 1. NO PHYSICAL IMPROVEMENTS OTHER THAN LANDSCAPING SHALL BE ERECTED ON ANY PORTION OF LOT 1 ON THE SOUTH SIDE OF THE EXISTING GRAVEL ROAD. 2. AGREE TO THE EXISTENCE OF THE IMPROVEMENTS APPURTENANT TO LOT 2, CONSISTING OF LANDSCAPING, A PORTION OF A PRIVATE DRIVEWAY, ACCESS STEPS AND AN OUTDOOR LAMPPOST -SITUATED ON THE SOUTH SIDE OF THE EXISTING GRAVEL ROAD AND TO THE CONTINUED MAINTENANCE OF SAID AREA BY THE OWNERS OF LOT 2, SUBJECT TO OWNERS' RIGHT TO IMPROVE LANDSCAPING OR APPROVE ANY CHANGES OF LANDSCAPING IN THIS AREA . 3. ACKNOWLEDGE RIGHT OF OWNERS OF LOT 2 TO ACCESS LOT 2 OFF OF THE GRAVEL ROAD AND TO MAKE A NEW ROAD CUT 12'-14' WIDE TO START WITHIN 20 FEET OF THE WEST PROPERTY LINE OF LOT 2 UPON THE ELIMINATION OF EXISTING ACCESS DRIVE AND SUBJECT TO OWNERS' APPROVAL. OWNERS: ROBERT K. FINK JILL P. FINI{ THE CITY OF ASPEN: ATTEST: MAYOR CITY CLERK STATE OF COLORADO) )ss COUNTY OF PITKIN ) THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 1991 BY ROBERT K FINK AND JILL P. FINK. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC STATE OF COLORADO) )ss COUNTY OF' PITKIN ) THE FOREGOING OWNER'S CENTIFI!'ArE WAS ACKNOWLEDGED BEFORE ME THIS _DAY OF '1991 BY AS MAYOR OF THE CITY OF ASPEN. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC CITY ENGINEERS APPROVAL THIS INSUBSTANTIAL PLAT AMENDMENT TO EASTWOOD SUBDIVISION WAS APPROVED BY THE CITY ENGINEER OF THE CITY OF ASPEN THIS DAY OF , 1991. CITY ENGINEER PLANNING AND ZONING APPROVAL THIS INSUBSTANTIAL PLAT AMENDMENT TO EASTWOOD SUBDIVISION WAS APPROVED BY THE CITY OF ASPEN PLANNING ZONING COMMISSION THIS DAY , 1991. CHAIRPERSON CITY COUNCIL APPROVAL THIS INSUBSTANTIAL PLAT AMENDMENT TO EASTWOOD SUBDIVISION WAS APPROVED THE CITY COUNCIL OF THE CITY OF ASPEN ON THIS DAY OF 1 1991, AS RESOLUTION NUMBER SERIES OF 1991. SIGNED THIS DAY OF , 1991. MAYOR TTEST : CITY CLERK CLERK AND RECORDERS CERTIFICATE THIS PLAT IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK. AND RECORDER OF PITKIN COUNTY, COLORADO AT O'CLOCK _.M. THIS _ DAY OF 1991 IN PLAT BOOI{ AT PAGE AS RECEPTION NUMBER CLERK AND RECORDER PREPARED BY ASPEN SURVEY ENGINEER'S INC. 2I0 S. GALENA ST P.O. BOX 2506 ASPEN, COLORADO 8I6I2 (303) 925-38I6 SHEET I OF DATE 6-11-91 5/91 JOB NO. 16995