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landuse case.AP.64 Eastwood Dr.A40-93
Pisano/Meltzer Insub Eastwood Subdivision A40-93 2737-181 Amend. to Plat -20-024/029 G'1 ASPENTITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 920-5090 LAND USE APPLICATION FEES CITY: -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 -63330-150 Staff Approval -63432-157 Zoning Plan Check -63432-157 Sign Permit -00100-00000-31070 Use Tax for Sign Permits HISTORIC PRESERVATION: -63335-151 Exemption -63336-152 Minor -63337-153 Major Devel. -63338-154 Signif. Devel. -63339-155 Demolition COUNTY: -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 -63240-149 Staff Approval -63450-146 Board of Adjustment -63235-148 Zoning Plan Check REFERRAL FEES: -63360-143 Engineering - County 00115-63340-163 Engineering - City 00123-63340-190 Housing -- 00125-63340-205 Environmental Health - PLANNING OFFICE SALES: -63080-122 County Code -69000-145 Other (Copy Fees) TOTAL Name: Address: Check #: Date: --- --- Phone: Project: No of Copies: — —1-- CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 08/13/93 PARCEL ID AND CASE NO. DATE COMPLETE: 2737-181-20-029/024 A40-93 STAFF MEMBER: LL PROJECT NAME: Pisano/Meltzer Insubstantial Amendment to Eastwood Subdivision Plat Project Address: 64 Eastwood Rd. & 0150 Roaring Fork Dr. Legal Address: Lots 18 & 20, Eastwood Subdivision APPLICANTS Guy Pisano, Box 8528, Aspen 925-8243 Sarah & Lane Meltzer, 64 Eastwood Rd, Aspen 925-5854 REPRESENTATIVE: Tom Smith Representative Address/Phone: 600 E. Hopkins, Suite 205 Aspen, CO 81611 925-2600 -------------------------------------------------------------- -------------------------------------------------------------- FEES: PLANNING $ 207.00 # APPS RECEIVED 1 ENGINEER $ 93.00 # PLATS RECEIVED 1 HOUSING $ ENV. HEALTH $ TOTAL $ 300.00 TYPE OF APPLICATION: STAFF APPROVAL: X 1 STEP: 2 STEP: P&Z Meeting Date CC Meeting Date DRC Meeting Date ------------------- ------------------- REFERRALS: City Attorney City Engineer Housing Dir. Aspen Water City Electric Envir.Hlth. Zoning DATE REFERRED: FINAL ROUTING: City Atty Housing PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Parks Dept. Bldg Inspector Fire Marshal Holy Cross Mtn. Bell ACSD Energy Center School District Rocky Mtn NatGas CDOT Clean Air Board Open Space Board Other Other INITIALS: DUE: DATE ROUTED: INITIAL:,," - City Engineer Zoning Env. Health Open Space other: I L FILE STATUS AND LOCATION: MEMORANDUM TO: Diane Moore, Planning Director FROM: Leslie Lamont, Senior Planner RE: Pisano/Meltzer Insubstantial Plat Amendment DATE: December 8, 1993 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: The applicants seek to amend the Eastwood subdivision plat to adjust the property line between Lots 18 and 21. ZONING: R-15B STAFF COMMENTS: Since 1972 the owners of Lot 18 have leased a portion of Lot 21 for the purposes of a detached garage. According to the application, the lease places an encumbrance on the property making resale or financing of Lot 21 difficult. The applicants have proposed an amendment to the subdivision plat to adjust the lot lines so the leased portion of Lot 21 becomes part of Lot 18. INSUBSTANTIAL PLAT AMENDMENT: The Planning Director may authorize an insubstantial amendment to an approved plat for either technical or engineering considerations first discovered during actual development which could reasonably be anticipated during the approval process, or any other minor change to a plat which the planning director finds has no effect on the conditions and representations limiting the approved plat. The proposed amendment is not for a technical or engineering consideration. However, the proposed amendment is a minor change to the plat that will have no effect on the subdivision. The Pisano property includes an approximately 3200 square foot single family residence. The amount of land that is being adjusted to Lot 18 is, according to the submitted plans, roughly 2100 square feet. According to the land use code for the R-15B zone district, approximately 500 square feet of floor area may be added to Lot 21. However, confirmation of existing floor area as defined in the Code must be ascertained prior to the issuance of any building permits for Lot 21. Lot 18 gains approximately 2100 square feet of land area. However, the applicants have agreed to a condition that the acquired land area may not be used for floor area purposes. RECOMMENDATION: Staff recommends approval of the insubstantial amendment to the Eastwood subdivision to adjust the property between Lots 18 and 21 with the following conditions: 0 • 1. The amended plat shall be reviewed and approved by the Engineering Department. 2. The amended plat shall contain a note stating that the new land area acquired by Lot 18 from Lot 21 shall not be used for floor area purposes for development on Lot 18. 3. An amended plat shall be filed within 180 days of the effective date of this approval. Failure to file the plat shall render this approval void. I hereby approve of the insubstantial amendment to the Eastwood subdivision plat pursuant to Section 24-7-1006of the Municipal Code. Q/Y� Wifi6v Di ne Moore, City Planning Director ON AUSTIN, PEIRCE & SMITH, P.C. Attorneys At Law 600 East Hopkins Avenue Suite 205 Ronald D. Austin Aspen, Colorado 81611 Frederick F. Peirce Thomas Fenton Smith December 7, 1993 Rhonda J. Bazil HAND DELIVERED Ms. Leslie Lamont Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 i Ulephone (303) 925-2600 FAX (303) 925-4720 RE: Pisano/Meltzer Insubstantial Amendment to Eastwood Subdivision Plat Dear Leslie: In accordance with your request, attached please find the revised Fourth Amendment to the Eastwood Subdivision Plat which locates the garage on the subject property. With respect to your concern for compliance with the setback requirements, please note that the southwest and southeast corners of the building scale off to approximately eleven feet from the proposed new property lines. Please let me know if you require any additional information or if you have any further questions. Very truly yours, AUSTIN, PEIRCE & SMITH, F.C. I By: Thomas Fenton Smith TFS/smg Enclosure cc: Gideon I. Kaufman, Esquire Guy Pisano 4 C:\WP5I\LETTERS\LAM0NT.TFS AUSTIN, PEIRCE & SMITH, P.C. nr'T - Attorneys At Law 600 East Hopkins Avenue Suite 205 Ronald D. Austin Aspen, Colorado 81611 Telephone (303) 925-2600 Frederick F. Pence FAX (303) 9254720 Thomas Fenton Smith October 8, 1993 Rhonda J. Bazil HAND DELIVERED Ms. Leslie Lamont Aspen/Pitkin Planning Office 130 S. Galena Aspen, CO 81611 RE: Pisano/Meltzer Dear Leslie: In response to your request for additional information regarding the above application, please be advised as follows. Attached is an Improvement Survey, as requested. As the garage is built into the hillside, all dimensions are not shown. Based upon the dimensions shown, the garage is approximately 900 square feet in size, which I believe is fairly accurate. With respect to your concern about setbacks, please note that nothing changes on either property with the approval of this application. This garage was constructed about twenty years ago, and may be a preexisting non -conforming use in that regard. We are in effect asking that the present physical situation on the ground be recognized, in view of the fact that this will have no land use impacts. Please call if you have additional questions. Very truly yours, AUSTIN, PEIRCE & SMITH, P.C. By: n;��= Thomas Fenton Smith TFS/hs Enclosure cc: Guy Pisano AUSTIN, PEIRCE & SMITH, P.C. Attorneys At Law 600 East Hopkins Avenue Suite 205 Ronald D. Austin Aspen, Colorado 81611 'telephone (303) 925-2600 Frederick F. Peirce FAX (303) 925-4720 Thomas Fenton Smith Rhonda,. sazil August 23, 1993 Ms. Diane Moore City of Aspen Planning Director Aspen/Pitkin Planning Office , 130 South n vdJ.c.a.0 Street Aspen, Colorado 81611 RE: Pisano/Meltzer - Insubstantial Amendment to Eastwood Subdivision Plat Dear Diane: By letter dated August 13, 1993, I submitted the above referenced application. There is an error in Paragraph 9. Please note that, consistent with the executed Agreement for Payment of City of Aspen Development Fees attached to the application, Mr. Pisano and not Mr. Meltzer, has agreed to be solely responsible for the payment of any additional application fees that may be required. Please let me know if the application is complete or if additional information is required. Very truly yours, AUSTIN, PEIRCE & SMITH, P.C. B Y � L� Thomas Fenton Smith TFS/smg cc: Guy Pisano Gideon I. Kaufman, Esquire 4 C:\WP5I\LETTERS\MOORE2.TFS ATr 1 • IAND USE APMCATICH >NUR4 1) Piroject Name Pisano/Meltzer-.lbstantia,`T` went to FstwoQdr.SubdivisPlat 2). projectIncation Lots 18 and 20, Eastwood Subdivision. aka 64 Easter Road and,. 0150 Roaring Fork Drive (indicate street adder, lot & block maftr, legal c?I�cr-i�fiion ubere appropriate) Lot 18: .39 Acres + 3) Present Zoning 4) Iot Size Lot 21: .69 Acres + 5) Applicant's Name, Address &Phone #GuY Pisano, Box 8528,' Aspen, Colorado 81612 (925-8243) , Sarah A and Lane N. Meltzer, 64 7astwood Rd., Aspen, Colorado 81611 (925-5854) 6) Representative's Name, Address & Phone # Thomas Fenton Smith. 600 East Hopkins Avenue. Suite 205. Aspen. Colorado 81611 (925-2600) 7) Type of Appl icatirn (please crack all that apply) : 4=* -0 • / . 1 - 8040 Greenline Mountain View Plane ��� / • • n k 1-1 IN E u� t:l ii0_1 l�.1 /r .i• :ill �/ •m sl{ _ 8) Des=iptian of Masting LDS (rimber and type of existing ; appr .mat - sq. ft. ; nmber of bathrooms; any previcuts approvals granted to the property). Pisan! annrox. 3200' sa. single-familV home. 4 bedrooms. .3 hath. Meltzer! approx. 3000' sq. single-family home. 3 bedrooms prevous annrovals: Eastwood Suhdivisi.on plat and amendments therPtn_ 9) Description of Development Application Application n ur-g ant to gprf-inn 7-1 nnti for insubstantial amandment to Factc,ccd Subdivision Plat; allows crarage area on Lot 21 sub-iect to long-term lease in favor of Lot 18, to be conveved to owner of Lot 18; no land use improvements or implications, chancres form of ownershin onlv. 10) Have you attached the following?. Yes Response to Attachment 2, Mm mml Su miss]Lc l OM*Rn s Yes Response to Attaament 3, Specific Submission Contents Yes Response to Attachment 4, Review standards for Your Application AUSTIN, PEIRCE & SMITH, P.C. Attorneys At Law 600 East Hopkins Avenue Suite 205 Ronald D. Austin Aspen, Colorado 81611 Frederick F. Peirce Thomas Fenton Smith Rhonda J. Bazil August 13, 1993 Ms. Diane Moore City of Aspen Planning Director Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Telephone (303) 925-2600 FAX (303) 925-4720 RE: Pisano/Meltzer - Insubstantial Amendment to Eastwood Subdivision Plat Dear Diane: This letter, and the attachments hereto, constitute the application of Mr. Guy Pisano and Sarah A. and Lane N. Meltzer for approval of an insubstantial amendment to the Eastwood Subdivision Plat, in accordance with Section 7-1006 of the City of Aspen Land Use Code and the Pre -Application Conference Summary, attached hereto. In accordance with the City's requirements for application packet contents in the case of an insubstantial amendment to an approved subdivision plat, enclosed please find the following: 1. Completed application form; 2. Identification of applicants, including consent to representation by Austin, Peirce & Smith, P.C.; 3. Deeds of the current owners, which include legal descriptions thereof. Please note that the street address of the Meltzer property, Lot 18, is 64 Eastwood Road, and the street address of the Pisano property, Lot 21, is 150 Roaring Fork Drive; 4. Current Ownership and Encumbrance Reports disclosing ownership of the property and all interests therein. For additional information, please refer to the deeds identified above; 5. Proposed Fourth Amendment to Eastwood Subdivision plat, which locates the subject parcels, identifies the proposed 4 C:\WP51\LE7TERS\MOORE.TFS • • AUSTIN, PEIRCE & SMITH, P.C. Attorneys At Law Ms. Diane Moore August 13, 1993 Page 2 amendment, and which would be recorded upon approval of this application; 6. A written descripti.- )f the proposal is as follows. The Pisano property, Lot 21, is and has been subject to a lease in favor of the owners of Lot 18 since 1972. This lease was for the purpose of providing a garage for Lot 18, and occurred in compliance with applicable County requirements at that time prior to annexation into the City of Aspen. As reflected on the plat amendment, the lease is recorded in Book 262 at Page 815 of the records of the Pitkin County Clerk and Recorder. The effect of this lease is to place an encumbrance on Lot 21, which encumbrance creates difficulties in the event of resale or financing of Lot 21. The approval of this application would result in no physical changes to either lot and would not increase the development potential of either property. It would simply be a "paper amendment", the effect of which would be to convert the leased land into fee ownership in favor of the owners of Lot 18. The applicants would abide by a condition which reflected this limitation, including a limitation on any increase in FAR associated with the lots. A physical inspection of the property would demonstrate the unique configuration of these lots and the logic of this application, as well as the fact that approval will not have any land use impact whatsoever. Finally, approval of this plat amendment will have no effect on the conditions and representations regarding the approved original Eastwood Subdivision plat or the existing amendments thereto; 7. This application is submitted in accordance with Section 7-1006 of the City of Aspen Land Use Code, a copy of which is attached hereto; 8. It is our understanding that there are no public hearing or notice requirements associated with this application; 9. This application is submitted in accordance with the Pre - Application Conference which was held on March 24, 1993. At that time planning staff recommended that this application be pursued as an insubstantial amendment to the Eastwood Subdivision plat. An application fee of $300.00 was specified at that time, and Mr. Pisano's check in the amount of $300.00 is enclosed herewith. In addition, Mr. Meltzer has agreed to be solely responsible for 4 C:\WP5I\LETTERS\MOORE.TFS • 0 AUSTIN, PEIRCE & SMITH, P.C. Attorneys At Law Ms. Diane Moore August 13, 1993 Page 3 the payment of any and all additional development application fees that may be required, and accordingly an executed agreement for payment of City of Aspen development application fees is also enclosed. Please notify me if you consider this application and the information contained herein complete, or if you require additional information. Thank you for your consideration. Very truly yours, AUSTIN, PEIRCE & SMITH, P.C. By: Thomas Fenton Smith TFS/smg Enclosures cc: Guy Pisano Gideon I. Kaufman, Esquire 4 C:\WP5I\LETTERS\MOORE.TFS AUG 09 '93 13:24 WHEELER SO LAW APEEN h.cunrrd ai _.� — o'c10 -- M.. — Itc.cl;iion No. — --- Roc(. er. BOOK f1 WARRANTY DEED ty lx7 ,< t7 T111S DEED, Made this 27th day of IlarCh o] L. 19 90 , between WLLLARD WILLIAM McDONOUGH, JR. 0 �P4 P, fx; fs1 n fxa 6 r t� r -C� F a4 FA rll 44, 04 t'a N fr O EI w : .tij � W U E O d� c� t� u,t t� cn 4 t�C t� t.:u C3 w cc of the — — — — *County of Pitkin and State of Colorado, grantor, and LANE N. MELTZER and SARAN A. MELTZER wtlosc legal address is 700 E. Ute Avenue, # 106, t� w .Z.* P.2i12 616 PAGE969 w CDP N M� Q U7 of the ---- County of Pitklu and State of Colorado, £rantees: Wl'I NESS, that the grantor, for and in consideration of the ruin of Ten Dollars ($10. 00) and other good and valuable consideration-DO-6LA4Wn the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents flocs grant, bargain, sell, convcy anti confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, al; the real property, together with improvements, if any, situate, lying and being in the County of Piticir► and State of Colorado, described as follows; Lot 18, EASTWOOD SUBDIVISION Together with an easement in Lot 21, Eastwood Subdivision, more fully described as Lollows: Beginning at a point on the Southerly line of said Lot 21, whence the Southwest cor.riez of said Lot 21 bears S. 87 degrees 53 minutes 25 seconds W. 293.93 feet; thence North 42,39 feet; thence East 46.10 feet; thence South 48.82 feet to the Southerly line of said Lot 21; thence 46.49 fGct along a curve to the right having a radius of 857.52 feet, the chord of which bears PI . 82 degrees 03 minutes 11 seconds 11. 46.48 feet, to the point of beginning. County of Pitkin, State of Colorado also known by street and number as 64 Eastwood Road, Aspen, Colorado 81611 10Gf:1111ER with all and Singular the hereditauhents and appurtenances !hereunto 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, tither in law or equity, of, in and to the above bargained promises, with the hcrcditaments and 1011)l1ricnances. 1'01IAVLs AND TO 11OLD 11w said promises above bargained and described, with the appurtenances, unto the grantees, their lieirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and Willi the grtultees, their heirs and assigns, that tit the uime of the cnsealing 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 aforesaid, and that the same are free and clear from all 1'onmer anti other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature sower, except for and subject to the Exceptions to Title listed on Exhibit "A" attzctled !hereto 'I'hc grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part tiicrcof. TI)c singular number .small include the plural, the plural the singular, and the use of any gender shall be ap tcable to all genders. IN W1"CNE S_yyr} tfiC]! the gragtur-hLil executed this deed on the STATE DOCU�,'APJ[,PY d( -h above. fIIrd William cDonough, Jr. County of Pitkin lic forcgorilg instrument Was acknowledged before me this by Willard William McDonough, Jr. P t-vrr f3TAP�r �► pUQ���' �o „... C `If in Denver, insert "City and " SS. `lam' day of March , la 90 , Witness my hand and official seal. My Commission expires ��" 19 9.3 Nuury Nhli, No. 921A. l(ev, 1-85, WARRANFY nfta) (Tit )obN lknants) II,adGndl'ul+lidI;q.1711W.i/cC.St„13..aver,CoAt1_n2-..I1(1?)'_9�-iSp(Y- 5.RR AUG 09 '93 13:25 WHEELER SO LAW APEEN P.3!13 wox 616 PAGE 961 EXHIBIT "A" EXCEPTIONS TO TITLE 1. The lien for 1990 property taxes due and payable in 1991. 2. Right of way for ditches or canals constructed by authority of the United States ae reserved in United States Patent recorded December 14, 1911 in Book 55 at Page 196. 3. Easements for utility and drainage purposes 6 feet in width along the side and rear lot lines of the subject property as reserved in the recorded June 23, 1969 in Book 241 at page 704. 4. Easement for Eastwood Road as shown on the recorded plat of said subdivision, as reserved in the recorded plat of said subdivision and in instrument recorded June 23, 1969 in Book 241 at Page 704, and easement rights granted in Eastwood Road by instrument recorded May 10, 1971 in Book 255 at Page 219. 5. Restrictions, which do not contain a forfeiture or ,reverter clause, but omitting restriction, if any, based on race, color, religion or national origin, as contained in Instrument recorded Jur►e 2.3, 1969 in Book 241 at Page 704, as amended by instruments recorded July 29, 1969 in Book 242 at page 449, Book 247 at Page 844 and Book 256 at Page 907. 6. Set --back restrictions as shown on the map attached to instrument recorded in Book 242 at page 449. 7. 12-foot perpetual sewer easement and right-of-way as set forth in instrument recorded September 27, 1971 in Book 258 at Page 111. 8. nights of way and easements as shown on the Plat of Eastwood Subdivision recorded June 23, 1969 in Plat Book 4 at Page 4. 9. Terms, conditions, obligations and restrictions as set forth In Lease Agreement recorded March 27, 1972 in Book 262 at Page 248 as Reception No. 150681 and re -recorded April 18, 1972 in 13ook 262 at Page 815 as Reception No. 1,51079, and the Stiboj:di.nation Agreement recorded January 9, 1989 in Book 583 at Page 63 as Reception No. 307666. 10. Terms, conditions, obligations and restrictions as set forth in Easement Agreement recorded May 6, 1975 in Book 298 at Page 491 as Reception No. 174723. 11. Terms, conditions, obligations and restrictions as set forth in Agree►uetit to Release Easement recorded October 29, 1974 in Book 292 at Page 800 as Reception No. 171008. 12. Matteis shown or described in survey prepared by Aspen Survey Engineers dated January 1990, as Job No. 19361. i STEWART TITLE OF ASPEN, INC. OWNERSHIP AND ENCUMBRANCE REPORT PREPARED FOR: AUSTIN, PEIRCE & SMITH ORDER NO. 20169 HEREBY CERTIFIES from a search of the books in this office that the owner of: Lot 21, EASTWOOD SUBDIVISION Situated in the County of Pitkin, State of Colorado, appears to be vested in the name of: GUY PISANO and that the above described property appears to be subject to the following: A Deed of Trust dated February 10, 1992, executed by Guy Pisano, to the Public Trustee of Pitkin County, to secure an indebtedness of $197,000.00, in favor of Chase Manhattan Financial Services, Inc., recorded February 18, 1992 in Book 669 at Page 464 as Reception No. 341676. Lease Agreement recorded March 27, 1972 in Book 262 at Page 246 as Reception No. 150687 and re -recorded April 18, 1972 in Book 262 at Page 815 as Reception No. 151079. NOTE: Subordination Agreement recorded February 18, 1992 in Book 669 at Page 470 as Reception No. 341677. NOTE: Said Lease affects garage and adjacent driveway only. A Deed of Trust dated October 21, 1992, executed by Guy Pisano, to the Public Trustee of Pitkin County, to secure an indebtedness of $25,000.00, in favor of The Bank of Aspen, recorded October 27, 1992 in Book 692 at Page 689 as Reception No. 350135. EXCEPT all easements, right-of-ways, restrictions and reservations of record. EXCEPT any and all unpaid taxes and assessments. This report does not reflect any of the following matters: 1) Bankruptcies which, from date of adjudication of the most recent bankruptcies, antedate the report by more than fourteen (14) years. 2) Suits and judgments which, from date of entry, antedate the report by more than seven (7) years or until the governing statute of limitations has expired, whichever is the longer period. 3) Unpaid tax liens which, from date of payment, antedate the -1- Continuation Page report by more than seven (7) years. Although we believe the facts stated are true, this Certificate is not to be construed as an abstract of title, nor an opinion of title, nor a guaranty of title, and it is understood and agreed that Stewart Title of Aspen, Inc., neither assumes, nor will be charged with any financial obligation or liability whatever on any statement contained herein. Dated at Aspen, Colorado, this 4th day of June A.D. 1993 at 8:00 A.M. STEWART TITLE OF ASPEN, INC BY Aut orized Signature -2- AUG 09 '93 13:25 WHEELER SO LAW APEEN 33 10:52 STEWART E S C T3 P D' U L E A -. „P.4%12 r . ORDER,No.: 000� 5744 p41,YCY NO.: 0-99�1w��.2$26 DATE OF POLICy:,March 27, 1990 at 1'ls33 P.M. ArsOUNT 4p INSURANCE: $ �an,�n0.0o NAME OF INSURED; LAOF N MELTZER AND SARAH A. MELTZgR 7. THE ESTATE OR INTEREST IN THE. LXND WHICH Is COVERED EY TH13 POLICY -E'er Sa mp) 3. TITLE TO TUL ESTATE OR INTEREST IN THE LAND IS VESTED 1N: LANE N. MELTZER AND SARAH A- MELTZER 4. T.HE LAND REVERUP-D TO IN THIS .POLICY IS DESCRIBED AS FOLLOWS: SVE LEGAL DESCVIPTION ATTACHED HERETO & MADE A PART HE ZED "�- SiGWAT►.'R� Stewart Title of AsPOU' Inc' 602 E• hymau Aspen. Co 81611 303-925-3577 cUAp►vTY CvIAPAyY AUG 09 '93 13:26 WHEELER SQ LAW APEEN N,GP.S%13 AUj; 09 ' 92 1©= 53 STEWART E • TFi7:SI POLICY DOES NOT CoMpANY WILL F30'l PAY ARISE BY REASON OF: 1. 3. S C H E D U L E B POLICY NO# : 0-9941.-51:H26 INSURE AGAINST DOSE OR DAMAGE (AND TIDE COSTS, ATTORNEY S o B•EES OR EXPENSES) WHI C'11 RIGHTS OR CLAIMS OF PARTIES IN POSSESSION NOT PUBLIC RECORDS. SHowN BY THE }rFSSEMENTS, OR CLAIMS OF EASEMENTS, NOT SlOMI BY THE PUBLIC RECORDS. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, AND ANY FACTS WHICH A -CORRECT SUFVEY AND INSPECTION OF THE PREMISES WOULD DISCLOSE AND tgHICH ARE NOT SI3OWN BY THE PUBLIC RECORDS. ANY I,ICN, OR 6tIG11T -TO A •LIEN, V012 SSRVTCES, LABOR OR 4. MATERIAL HERETOFORE OpUHLICAFTE.R FURNISHED, IMPOSED BY LAW AND NOT SHOWNBI 5. UNPATENTED MINING CLAIMS; WATER RIGHTS, CLAIMS OR TITLE TO WATER. 6. ANY AND 'ALL UNPAID TAXES AND ASSESSMSNTS AND ANY UNREDEkNFEU TAX SALES 7. TFiE EFFECT OE' ;NCI.EJSIaNS IN ?ANY CENE'RAL OR' SPECIC FIWA'IC�Fi 4UNSERVANC Y, F InE PROTECTION# SO xL Ct>E15LFtVP�TxUN Uft OTHER DT STRIC'T OR INCL'OSIONS " ANY WATER SERVICE; 'OR STREET IMPROVEMENT AREA - Right of clay for ditches or canals constrUcted by the authority of the United States as reserved in United Seate$i Patent recordea December 14, 1911 in Book 55 at Pag 9. Casements; for utility and drainage j_iurPOsen 6 fret in width <Ilony tkte side dltici rdr lot. l.ir:es or the Subj4=ct property a5 r;��id subdivision reserved to thy rec.crdad plat of t aGxn d instrument. recorc?�d J" ar ?3, 1*46f9 in BoOk 241, Page e 704. 10, FaEement for Fastwoad Road as shown are the r900rded plat of said subdiviaian, its reserved in the rctcvriiwd Plat Of said sul,di�=ia ia�� dtyd it' instrument; I-eco.rded June ''13, 1969 in 5Q01,- =42 aC N<►cFe 704, grid s�aSerieeat r•iyhtK gr'ant�c] in ! astw��c>d Road Y�y i.n t r«n►�nt Xcsr.dl � �d May 1.U, 197.1. in Book :'S`S at Page. ?19. i, 1=st�•ic.ti��ns, ti:tsicr+ �.i� not c3onT_iiiT. a furfE�i�.ti7."e �JL reverter r.t:{u ;:r, taut. nn�it,t.:irig ,-:firr:Lrtior�. i..f. arly, t>akF:,d uri r�r.•r°, C.t7lC�t•, Y�11<�I.Cin ej Y�:91'A.,:i td� I_.Y•'3.K�2.Y1, a6$ Ci:>f11C1t1 S-n tY�fitl'114Y,�f'li. YgG'�i'(l:Cj Continued 0 ne " PagC" EX,CEPTZpIys 1-4 ARF, IILREBY OXITT4J). S'1`r,A1A,RT TITLE QUARANTV COMPANV pr ,4rtn•e IMQI-1 AUG 09 '93 13:26 WHEELER SO LAW APEEN AUG 69 '93 10:53 STEWRKI LF • ATTACHED TO AND MADE A PART OF ' ti STEWr'iRT TITLE GUARANTY CC''?PAr7Y POLICY .NO.: Q-994Z- 51"�826 CoNTINUATTON OF SCREDULE B 13. 14. 15. 16. 17. June 23, t969 in Book «41 at Page 744, as amended by instrumcnts recorded ,uly 29, 1969 in Book 2A« at Page 449, Baak 247 at Pag,844 and Hook 256 at Page 907. 5et..baokl regtrictioaa as shown on th« niap attached to in>rtrument, recorded in Book 242 at page 449. 12 foot perpetual sewer eaEemei►t and right �fBAo -waY as 258sat �Pageh s in, inatrument,recorded September 270 1971n Rights of way and Easements as shown on t1le Plat of Eastwood Subdivision recorded June 23, 1969 in Plat Book 4 at Page 4. w 'terms, .onditiona, obligations and restrictions as Bet forth in Lease Agreement recorded March�27, 1972,nrB14iS261972 at prigl3oa{t8.. as Reception No. 150601 and ire recorded p ;;Er''» ec pays 815 as Reception No. 1.5,1079, and the Subordination Agreement recorded January 9, 1989 in'Baok 583 at pays 63 a8 Reception No. 307666. NpTE: Said 'Lease Agreement may eane�Xk�ttedstewarteTi�tleah_ereby' certain covenants set forth there advises owners and Prospective purchaser(s) of the subject property to confirm tYc•b onejoxng axistance of said Lea$a hY coritacting Lessor. Terms, c, nditipn8, obiigati.ona and restrictions as Agreement to Release Easement recorded October 29, 292 at Page 800 as Reception No. 171008. 10. Elioro:;chrnent. of house into easrrmerit and 1990ac«ha Ob shNO' oil 93filrvey by Aspen Survey Engineers dated Janu�3ry 19. Loss ur damage due to the lack of a precise legal desariptioll on t:tc L:easG recorded March 27 , 1972 in Book 262 at page 248 as Reception No. 150681 and re -recorded April 18. 1972 in Book 262 at Pays $1.5 as Reception Nc . .151079. 20. A Deed of TrtjSt dated Marc), 37, ,1990, exfL2<.t)ted by Me.itzer and Sarah A. mult.zer. to, the Puhlic Trustein e of�vorkoi County, j-o s;rr_tire cxn i.ndebtednes�; u.f $400,000.00, FtrsC,4; G16 1 Whitney P4a't.ir rra l funk, re -,corded larnt Yrtucjd on next Page forth in Vase 493 Terms, conditions, obligatiolls and restrictions a-S set Easement Agreement recorded may 6► as Reception Na. 1.74723. set forth in 1974 in Book 5.rF,'%'AL)R,T'rVr1.E ptJ,Lg,ANTT CO>APANV AUG 09 '93 13:27 WHEELER SO LAW APEEN Y. P.�7i12 AUG 09 '93 10%54 STEWART LE • ATTACHED TO AND MJADE A PART Of r7 �9941-512826 STEWART Tii'LE GUARANTY CoMp. Ny POLICY NO... CUN`FII�iL7A��ION OF' SCfjEDULS B page 962 arc Reception NO • 321238. �JL �w��r�rk R ri 1 I JL M GUA14ANYV COMPANY AUG 09 '93 13:28 WHEELER SO LAW APEEN HUv 09 '93 10-55 STEWART �Lc ENDORSEMENT TO TITLE POLICY SERIAL NUMBER 0-9941-512826 NO. "00015744 FORM Issued by STEWART TITLE GUARANTY COMPANY HEREIN CALLED TH COMPANY CHEDULB Hr' EXCEPTIONS 6, ON. ' HE ABOVE REFERENCED OWNER'S TITLE p0jiC'Y IS. HEREBY AMENDED TO WIT: ': not et dne and Ta'ices and .Aare .aliments for the year 109g,erialyns�ceaamc�nts not pgyabl e ► anti sut3-sequent yea r$ and any p yet, certified on the tax rol of Pitkin County- CN.t•• 'this Enrorsement is madt a Part of said policy and is subject to the schedules. aanditions..and .,stipillations therein, except ag modified by they provisiona hereof. Nothing herein contained Shall be construed az extending or chc►ngin 3 the effective date of said policy, unless otherwise expressly stated. Signed under seal for the ComPthorib d gignatuthe �e eeffect veoase valid only when it bears an au of the date of the policy thereto. Authorized Signature p.EP.9i12 CHARGE .4 /C Stewart Title of Aspen, Inc. 602 E, Hyman Ave- A8pen, Colorado 81GII (303f 925-35�7 GUA)tANTY COMPA'" '" i0-pljl AUG 09 '93 13:27 WHEELER SQ LAW APEEN ,-P_8/12 AEG 09 '93 10:54 STEWARTTLE SCHEDULE A PROPERTYpFSCRIPTION ORDER NO: 00015744 PARCEL 1: Lot 10, E-ASTWOOD SUBDIVISION Tog-ther with an easement in Lot 2l, Eastwood Subdivision, more fully described as foilowe: Beginning dt a point an the Southerly line of said L87 degrees whence the southwest corner of said. Lot 21 bears 5• 53 minutes 25 seconds w. 293.93 feet%48h82oeetrto t'he3southerly thence East 46.10 feet; thence South line of said I,ot 21 s the -rice 46.49 feet a l oti-1 a Curve to the ch right having a radius Of 11 secondst'W.'�chordhe 46.48feet, tv.�zhebpoxn t. N'" . 82 degrees 03 m� n uI beginning. PARCEL i r A leasehold interest in and to a portion of Lot 21., Eastwoad Subdivision, created by Lease Agreement reoorded March 27, 1972 ed in Book 262 at page 248 as Rtpage 815oasxReception No. 1-51079. April is, 1972 in Book 262 q county of Pitkin, Stare cif Colorado GU,«wri'rV COMPANY AUG 09 '93 13:28 WHEELER SO LAW APEEN 1-P.10/12 AUo 09 'S3 10:55 STEWART t • ENDORSEMENT TO TITLE POLICY SERIAL NUMBER 4--9941-512826 io. 06015744FORM 8.1 Issued by STEWART TITLE GUARANTY COMPANY HEREIN CALLED THE COMPANY CHARGE 50.00 Che insurance afforded by }his ,endorsement. is Only saffec i e if .he land is us&d or is to be used primarily for the Company insures the insured against loss or damage sustair►ed ,�y reason of the followin: g (a) any environmental protection lien which, a DateatestatutePolicy- is recorded in those records established at Date of Policy ror t}le purpose of imparting constructive notice of matters relating to real.property to purchasers for valuethe and- oof f krlowledge; or filed in the redQstriat inewhich kthe land United States district court is located, except aS set forth in Schedule 8; or . provided for by any state (b) any environmental protection lieexeept environmental statute in effect at Date of PalicY, protection liens provided for by the following state statutes: NONE ss ma art of said Poi ICY and is sub�eot t4 Phis EndorraQment lde a g the schedules, conditions and stiPulations thexein. except as' modified by tine p ovi.sions hex•eof. Nothing herein Contained shall be construed as ess xtendingothwlse or changing t1le effective date of said policy, unlejXPreysly stated. Signed vinder seal for the Company, but the Endorsement is tO be valid only when it b an a;4ttorixed signature, effective as of the date ai tile plie y Stewart Title of Aspen. 1110. 602 E: Hvtaan Ave. Asp&nC,,lorado 81611 t303) 925-3577 uthc�rized Siayai:urE STr,8VA1ZT 'rIT1_E pr;AAAYZY COMPANY ?r 07500M AUG 09 '93 13:29 WHEELER SQ LAW APEEN p,aP_11%12 AUG 09 '93 10.55 STEWART 0LE END01tSCMENT TO TITLE POLICY CHARGE SERIAL NUMBER 0-9941-512826 $ z07.70 10. ooU157a4. FARM 110.2 Issued by S'�1%WAR �NTL'AT�LED�Tf�Et�CU!�pANyCOMP7�NY HEREIN The Company heret)Y insures the Insured against loss or e which the insured shall sustain by reaEon of the d,amag against the land in enfprcemeot•or attempted enforcement thereof ag connection. with ,Item 8, schedule 8• and any under said Policy The total liabitity of the CompeRy ate, the face endorsement thereto 81�all not exceed in the aganeg s obligated amount of said policy and costs which the Comp Y under the Conditions and Stipulations thereof to Pay- .anclAr.sement • when countersigned by an authorized off icer or'agent, is made a part of a sc ea les as of the policy date thereof and is auhjec� to the Schehules, Conditions and thare.ations and Exclusions from Cave)rage therein contained, stipuexcept, as modified by', the proms l ions hereof- sub except s Endorsement is made a parr of said policy and ins except to the schedules, and therein, except as modified by the prow).51 or Clothing l►i.rci« contained Shall hereof - tie can��d unlesseoLhorwiSe cha[t�3ir�j tjtie effective date of sa3.d p X expres�3.y r:tated. 5j.gned ur�dGr seal for the Company. but tY►e Endorsement is to be , valid only when it bears an authorized signature, effective "Au Qf the Mate of the policy thereto. Stewart Title of Aspen, Inc. 602 .. Hyman Ave. Auve,r), Colorado 8161� (•31j3) • 9?.5-3577 A h6ori,,a SignaGu Gyp �I.-�` cal. lZT TI,1�L.0 GUaRAy'rY c{,} P"y 1500M 10489) .AUG 09 '93 13:29 WHEELER SO LAW APEEN PUG 09 '93 10:56 5TEWRRT O-TLE • L;I�RSE!hENT TO'i'I'iLE t'O'tC1G SERIAL NDKBER 0 -9941,-512826 Jo. 000157$4 FORM 11.6.1. Issued by STEWART TITLE GUARANTY COMPANY HEREIN CALLED THE COMPANY Eame Tile Company hereby insures that .said land iAxten survey that delineated on the plat of a survey made by: p Engirleer,s Inc. on January, 1990, debignated Job No' 1936" which is attached hOreto and made a part thereof. The aompan;y' hereby inz,ures against loss or damage which gaid Assure4, ohall sustain in the evant that the a%aurance herein shall prove to be I. incorrect. of the company under eaid policy and The total liability any er,d.orsementa therein shall not exceed, in the aggregate, the fAne amount of said policy and costs which the Company is obliga"d.under the co4diti,ong and atipulatiana thereof to.pay.. This Endorsement is made a part of $axd policy and is subjct to the schedulea, Conditions and stipulations therein, except as m0aified by the provisions hereof. Nothing herein contained shall be construed �nleseothegwae cThanging the effectiVe date of said policy, expressly iistated. Signed under seal for the Company, tl�ed exgnatur�=ut the �eeffeCtgve�¢as� valid Only When it bears anutY>ori of the date of the policy thereto. -- Autprized S19n�,t:ers- n P. JP J1c/12... CHARGE s 107.70 Stewart Titles of Aspen, Inc• 602 E. Hyman Ave Aspen, Colorado $1611 ( 303 ) 925-35"77 1 OUJRANTY COKPANY Fnn ! jn qei\ to O 0 N Loy bb En cad O O 'b to in N ^d O H U +� cd T7 co H s. H 'd ,, y ., cd O v � 'd 'v) o o .d o 'b � A. a`ni O � 4)) y a a0) ii U eo�+ !�, O F rA d cad M d' C. cu c0 -. ci 0 n 0 a) a . a41 ai Cd Cd c o W .G bn O q i. cd '~ > 0 4. O O O+ W v o O b a. >, O on a)03 .b cd CL) in � . O R bJ) 4 A A 00 c�i •- y o w a) o CO cd c r s, . > O (� � a) O O y, U O a) O G4 b y 41 w (n " cd d oOU .., .. it d d d N G ~ 2 vi r: p y •O cd O d o � s. b ai 0 C) g , a) a) O W A+ cd D a 4 0 0 m cd � — U U p a0i 0 o O cd Q) o cd a }' cd O a) O C o o a � cd o 04 c° d cd 4 cab o 'r. d O co (Z En f: m cd sz tl a o 0 0 q 14 ASPEN/PITKIN PLANNING OFFICE Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and GUY P I SANO (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Insubstantial Amendment to Eastwood Subdivision Plat (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 77 (Series of 1992) establishes a fee structure for Planning Office 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 to allow APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. 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 approval, 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 $ 3 0 0.0 0 which is for jee hours of Planning Office 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. 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. CITY OF ASPEN APPLICANT By. By. PO Box 8528 Diane Moore Maikffig dress. City Planning Director Aspen, Colorado 81612 Date: May 19, 1993 2 i CITY OF ASPEN . PRE -APPLICATION CONFERENC SUMMARY PROJECT: APPLICANT'S REPRESENTATIVE: REPRESENTATIV OWNER'S NAME: SUMMARY 1. Type of Application: 2. Describe action/type of development�I being requested: NY J I W - 10 i41 n IUf 41 A 1'\ 3. Areas is which Applicant has types of reports requested. - Policy Area/ Referral Accent v requested to respond, 4. e dew 15: (P&Z Only CC Oq1y)-" (P&Z then to CC) 5. Public Hearing: (YES) (NO) 6. Number of copies Numb pn of the application to be submitted: 7. What fee was applicant requested to �1 submitr�0 B. Anticipated date of submission: 9. COMMEITS/UNIQUE CONCERNS: cry-- frn.pre_app Guy Pisano Post Office Box 8528 Aspen, Colorado 81612 May 19, 1993 Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 RE: Insubstantial Amendment to Eastwood Subdivision Plat Dear Sir or Madam: I am the owner of Lot 21, Eastwood Subdivision, one of the lots involved in the above -referenced application. This will confirm my consent to representation by Austin, Peirce & Smith, P.C., and Thomas Fenton Smith, with respect to this application. Sincerely, Gu P's no GP/smg LANE N. MELTZER SARAH A. MELTZER 64 EASTWOOD ROAD ASPEN, COLORADO 81611 June 16, 1993 Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 RE: Insubstantial Amendment to Eastwood Subdivision Plat Dear Sir or Madam: We are the owners of Lot 18, Eastwood Subdivision, one of the lots involved in the above -referenced application. This will confirm our consent to representation by Austin, Peirce & Smith, P.C., and Thomas Fenton Smith, with respect to this application. Sincerely, Lane N. Meltzer da'A'� Ll • M- _"'� arah A. Meltzer /smg I It R" 5W 171 Rec—h., THIS DPF.'j). \! [111 J." M Jun a 88 UNBERTO VILWANTA and IiLARGUERITL M. VILLASANTA 0 it), , ( 14 N/A Marylaad o rTrY PISANO - h, — I. , .1 r._ , Y.O. Box 8528, Aspen, Co 81612 C=) Lu rn ev $ �r %OVFY Pltkln Ten Dollars ($10-00) and other'good and valu-3ble , �----- , . .f �, conslueration ------ hI, " n1v% 1, A., f'"lec. h"honl A Pitkin Lot 21, FASIWOOD SUBT)IVISI().N County of Pitkin, State Of Colorado NIA - Vacant Land LS t"c 1, h, ell, subsei,uneral real estate taxes for 1933 and quegit Years, and those matters set fioth on Exhibit "A" attached herett, and lnc,)rp(,,-ated herein by tills reference. I h, cl-Ml- 11.01 nif .,i .t \RR I %N-1110ki I k h., liver, p: L!k' PI""' the "n"" 11-11 in% n.1, qi�jj Ix jpl,,,, �IBF Rw vjuASj%_NT,) A; 1,;! t and I., UMBERTO vr1,LASM,'TA and MARGUERITE M. VILLM"NTA, June r. 88 % s4 OTAIrk' tu t7r 0 r.Xtilnl_T _ Right of anv for ditches or canal of the United States as reserved incUnitedcStatea Patent recorded December 14 ested by the authority . 1911 in Book 55 at E'aQe 196. Easements for utility and drainage purposes 6 feet in width along the side and rear lot lines of the subject reserved In the.recorded plat of said subdivision And In instrument recorded property as Jtme 23, 1969 in Book 211 at Pdg'e'704: Easement for Fa stvoe,, ood Road as shn on the recorded said subdivision, as reserved in the recorded subdivision and Plat of In instrument recorded June 23, 19 9 said _241 at Pdar � and easement rights 196t In Book _bv instrument recorded Mav 10, 1 granted in Eastwood Roar( Restrictions, 1 1 it) Book 255 at Pave 219. ctions, Which do not contain a forfeiture or reverter clause. but Omitting religion or national oriainctasnconf contained based on race. ent recorded June 23, color, 1969.iy BQok__241 at Page__704, as amended by Instruments recorded July 29,.19�9..n gook 292 at Pa Book 247 at Page 844 and Book 256 at Page 907_ Page 4. Set -back restrictions .ae.sbovn on the ma Instrument recorded in Book'242 at Pa p attached to . Page 449. 12 foot perpetual sewer easement and right -of -era in instrument recorded September 27, 1971 in Book 258sat Pageh 111. Rights of way and easements as shouri on the `:ubdivision recorded June 23, 1969 in PlatBooktof at Page P 4 ageo4. obligations $• Teems, conditions, at and restrictions as set forth in Lease Agreement recorded March 27, 1972 in Book 262 at Page 246 as Reception No. 150687 and re recorded April 18, 1982 in Book �62 at Pave 815 as Reception No. 1`,1079, 9• Terms, conditions, casement Aareement obligation; and restrictions as set forth in � as Reception No. 1 recorded May ()1+7�, in Book 298 at Page 491 � _ /4723. 10. ::i:1 of Sale and A:;e;ianment rec-ordv,1 11.,y ly7S in Book 298 at VAge 494 as Reception Recetion No. 174724 11. Terms, conditions and obligations as �eL forth in Agreement to Release Easement recorded October 29, 800 as Reception No. 171008. ]97q in Book 292 at Page 6 n S 4 e iV T i.r �rsaai :.�s•..t'�n ac.vr ['�..aeaes�' z�w•�'ser-.►.l�P�'�t':?..�:a3�,e.�;�: - `� g4i�sC�T'�s�/�r.r_�:. _=.�. �•..�--...__- - - - i { ij. Recerded at 2:56 PM Mar. 27, 1972 Reception No. 150681 Peggy E. Miklich kec der II y$ . LEAST AGPI EME^IT LEASE P I� I m M 2.1 Grant: Lessor gives and grants to Fordyce a lease b n rt O r•H of the lands for the term hereafter provided. THIS LEASE AGREEMENT made and entered into between a c 2.2 Term: This lease shall be for a term of ninety- DAVID E. DESORCY, Aspen, Colorado (hereafter referredto as o n r nine (99) years commencing upon its; effective date unless "Lessor"), and ALLAPI 0. FORDYCE, JR. of Sheridan County, 00 `Oo sooner terminated pursuant to paracgraphs 2.4, 2.5 or 2.7. �� T� Wyoming (hereafter referred to as "Fordyce"), WI_IDFSSFTH: _ 0 2.3 Rental: The rental ffor each lease year shall be K3 r y the sum which is equal to the ad valorem taxes, including T � t,,° applicable special assessments payable with and as a part of t2ECITALS the general taxes, assessed against the lands including the 1.1 Lands:` hr lands which are the subject of this b n r garage improvements. Said rental shall be payable by Fordyce agreement is a tract approximately 30 feet by 90 feet at the v r �s00 to Lessor within thirty (30) days after Fordyce has been in easterly end of Lot 21, Eastwood Subdivision as recorded in rn " ° formed by Lessor as to the amount cof such ad valorem taxes for Plat Book 4 at page 4 of the Pitkin County, Colorado records. � N Th^ 1-ands currently are being surveyed the previous year. Lessor shall use beset efforts to cause the Pitkin and the metes and bounds description shall be attached hereto County assessor to make a separate assessment of the lands and i as Exhibit "A". Thereafter, i.r shall be regarded as the true their improvements. It shall furnd sh Fordyce with a copy of description of the lands. the tax statement from the Pitkin (County Treasurer's office . 1.2 Ownership: The lands ).re owned by Lessor. with it's notice to Fordyce oWe: ant of rental due. Fordyce is the owner of adjacent Lot 18 and requires the lands Fordyce, at his expense, shall have the right to for use as a garage and storage are�� . contest, in Lessor's name, the ass�essmert so made, but shall 1.3 Improvements: Lessor is constructing a garage be obligated to pay the rental so r3ue without regard to such and storage building on the lands and this agreement includes thc: ruildinq to be so constructs: as an improvement appurten- a contest. 2.4 Partition: Lessor agrees that Fordyce, at his ant to the lands. expense, may cause the lands to be, partitioned or severed from 1.4 Consideration: The consideration for this agree- Lot 21, Eastwood Subdivision. If„ as, and when Fordyce has ;rent is the performance by the pasties of its covenants and obtained the requisite administrative approval for the parti- other vai.able consideration,the receipt of which is acknowledged tion together with a varian*for thelrage building erected by Lessor. on the lands, Lessor, v:ithout paymtent of any additional con- -2- sideration by Fordyce, shall convey the li special warranty deed. Upon execution and deliver term of this lease shall end. 2.5 Breach of Lease by Fordice: or failure to act shall constitute breach( agreement: A. Failure to pay the rent. B. Structural or exterior of the garage improveme thereof other than as a storage building withou of Lessor first obtaine C. Conviction of utilizati, lar's in violation of a ordinance, regulation o In the event that any breach has give notice to Fordyce of such a breach. thirty (30) days after receipt of the not Failure to cure the breach within said pe termination of the lease term. 2.6 Insurance: Fordyce shall h lands and their improvements insured agai other perils covered normally by a standa clause i^ this community. Further, Fordy lands, with respect to public liability, less than $50,000/100,000. Lessor's inte be the subject of a policy endorsement. -3- sideration by Fordyce, shall convey the lands to Forc'.vc^ t� 3se special warranty deed. Upon execution and delivery of the deck? t !io term of this lease shall end. 2.5 Breach of Lease by Fordyce: The Eoltowinkr Acts or failure to act shall constitute breaches of this le�ise agreement: A. Failure to pay the rental timely. B. Structural or exterior alterations of the garage improvements or use thereof other than as a garage and storage building without consent r of Lessor first obtaine,l. C. Conviction of utilization of the in lands in violation of any c7overnr,ont's ?i ordinance, regulation or statute. In the event that any breach has occurred, Lessor shall give notice to Fordyce of such a breach. Fordyce shell hi,,,( - thirty (30) days after receipt of the notice to remedy it. Failure to cure the breach within said period shall result in termination of the lease term. 2.6 Insurance: Fordyce shall be required to keen the lands and their improvements insured againsi loss by firms and other perils covered normally by a standard erter:ded coveraan ;m clause in this community. Further, Fordyce shall iTi-uro the lands, with respect to public liability, in amounts of not less than $50,000/100,000. Lessor's interest as owner shall i be the subject of a policy endorsement. -3-