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Home My WebLink Aboutcoa.lu.ex.Goldsbury/Weinberg Lot A Lot Split 1996PAID- C'q TO- IN -----,Gold sbury/We inb erg Lot A Ben Dean S�_ d <� 4J �U) O n CD "d 1 4 Ln CY) N i~ �27 •rl � a; N O o a 0 t r,n XI 2 Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 8'-f - U I �- F Y (-� M— City Land Use Application Fees: 00113-63850-041 Deposit -63855-042 Flat Fee -63860-043 HPC -63885-268 Public Right-of-Way -63875-046 Zoning & Sign Permit - MR011 Use Tax County Land Use Application Fees: 00113-63800-033 Deposit -63805-034 Flat Fee -63820-037 Zoning -63825-038 Board of Adjustment Referral Fees: 00113-63810-035 County Engineer 00115-63340-163 City Engineer 00123-63340-190 Housing 00125-63340-205 Environmental Health 00113-63815-036 County Clerk Sales: 00113-63830-039 County Code -69000-145 Copy Fees Other Name:' U 41-11"(1 4 Address: Phone: Total ':5i Q O Date: ' 5- Check: 2� S Project:r'104 /. vz--4.,K C La m Li+ AV Case No: No. of Copies (�� e! (j I , a 0 I T E Ft Ell 10 VICIN-fY MA. / SCALE / 1 INCH - 30 FEET 7p / O 30 60tk . 00 P� o, \ Ny Z�\ Z v N� � Z- o � \ 0 2 f c 9 LEGEND AND NOTES O FOUND SURVEY MONUMENT AS DESCRIBED * -- FENCE \ 24' DRIVE AND UITLITY EASEMENT PLOTTED BASED ON 1954 BRASS CAP C 1/4 SEC 12 \ NOW REFRENCE MONUMENT LOT DESCRIPTIONS DO NOT CLOSE BY 0 2'-1- COMMONWEALTH LAND TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE CASE NO PCT-10860 DATED 04/04/96. WAS USED IN THE PRPEARATION OF THIS SURVEY SOME PORTIONS OF CREEK FROM ASPEN AERIAL MAP CALLS IN ( ) RECORD V / GOLDSBURY REINBERG LOT LINE ADJUSTMENT PLAT LEGAL DESCRIPTION: LOT A. RCORDED OCTOBERB1. EN 1984E INTPLATIBOOKBD16VATIPAGEA57,CCOCOUNTY0OFHPITKAIN.TSTATEHEREOFOFECOLORADO LOT I and LOT 2. WESTVIEW LOT SPLIT. ACCORDING TO THE PLAT THEREOF RECORDED JUNE 2 1994 IN PLAT BOOK 34 AT PAGE 64. COUNTY OF PITKIN. STATE OF COLORADO 901 B 5 84° 14 ' E 299.00' GAZEBO ADJ USTED LOT A BEN DEANE LOT SPLIT ADJUSTED AREA 140.710 SO FT 3 2303 ACRES . LOT B BEN DEANE LOT SPL_ I T 1 67 AC +/- NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. THE CERTIFICATION IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE SURVEYOR. 4 PARCEL "A- IS CONVEYED TO "ADJUSTED LOT 2. WESTVIEW LOT SPLIT" PARCEL "B" IS CONVEYED TO "ADJUSTED LOT A. BEN DEANE LOT SPLIT' OWNERS CERTIFICATE & DEDICATION KNOW ALL MEN BY THESE PRESENTS THAT CHRISTOPHER GOLDSBURY, JR. BEING THE RECORD OWNER OF LOT A, BEN DEANE LOT SPLIT SUBDIVISION; CITY OF ASPEN; PITKIN COUNTY, COLORADO AND JAY N. WEINBERG TRUST DATED MAY 8, 1981; AS AMENDED BEING THE RECORD OWNER OF LOTS i AND 2. WESTVIEW LOT SPILT. CITY OF ASPEN. PITKIN COUNTY; COLORADO DO HEREBY CONSENT TO THE LOT LINE ADJUSTMENT AS SHOWN ON THIS PLAT. EXECUTED THIS _ DAY OF _ 1996 (LOT A. BEN DEANE LOT SPLIT) CHRISTOPHER GOLDSBURY. JR.. OWNER EXECUTED TH,S DAY OF 1996 (LOTS 162. WESTVIEW LOT SPLIT) JAY N. WEINBERG. TRUSTEE OF THE JAY N. WEINBERG TRUST DATED MAY 8. 1981, AS AMENDED STATE OF COLORADO) S COUNTY" OF PITKIN ) THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF __, 1996 BY CHRISTOPHER GOL.DSBURY, JR. AS OWNER WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: I' NOTARY PUBLIC ASPEN INS !� STATE OF COLORADO) ss COUNTY OF PITKIN 1 N 84013 W 213 O I! ' THE FORREGOIING OWNERS CERTIFICATE WA996CBYOWAYDNEWEBEFORE ME THIS AS TRUSTEE OF THE 90I8 NE CDR LOT 3 JAY N. WEINBERG TRUST DATED MAY 8. 1991, AS AMENDED AS OWNER. .00STEEL BAR S 8 40 14'0 APPROVED 1980 BLM WITNESS MY HAND AND OFFICIAL SEAL 1602 SqF� I ` 214 00, MY COMMISSION EXPIRES 1 239.53' NOTARY PUBLIC I °S RTIFICATE °�.. ss = , � ADJUS'TED SURVEYOR'CE LOT Z I. DAVID W. McBRIDE. HEREBY CERTIFY THAT IN MAY. 1996. A SURVEY yYESTVI EW L 0 T T WAS PERFORMED UNDER MY DIRECTION AND SUPERVISION OF THE HEREON DESCRIBED o , PROPERTY AND THAT A RESIDENTIAL BUILDING WAS FOUND TO BE LOCATED Io , ADJUSTED SPLIT n n AS SHOWN ON THIS MAP. THE LOCATION AND DIMENSIONS OF THE BOUNDARY LINES. n , _ ED AREA 1g,290 - UTILITIES. IMPROVEMENTS AND EASEMENTS SHOWN ON PITKIN COUNTY TITLE. INC. a 0 4428 SO FT /- TITLE POLICY PCT- 10860. DATED APR 04, 1996 ARE ACCURATELY SHOWN ON THIS MAP ACRES ,/_ o THIS PLAT MEETS THE REQUIREMENTS OF LAND SURVEY PLATS AS SET FORTH IN CRS m 38-51-102. SURVEY PRECISION IS GREATER THAN 1:10.000 SIGNED THIS __ DAY OF _. 1996. m 1 --- -- 4 00'W w la , u 235.3g DAVID W Mc BRIDE RLS 16129 SURVEY m _ n , - ASPEN ENGINEERS. INC. t 210 S. GALENA ST. Io �' ? ASPEN. COLORADO 81611 Ln m o 0 ADJUS TED CITY COUNCIL APPROVAL Iz B s� }11 L O T .STVI Ejv I THIS PLAT OF THE GOLDSBURY WEINBERG LOT LINE ADJUSTMENT WAS REVIEWED AND PARKING L 0 T N . APPROVED BY THE CITY COUNCIL OF THE CITY OF ASPEN THIS __ DAY OF 1996 II I AS ORDINANCE NO. RECORDED AS RECEPTION NO. PITKIN COUNTY 1602 SqF• ADJUSTED AREA , PL 1 l I `O'D RECORDS. 5.778 SO FT. _ SIGNED THIS _ DAY OF _ 1996 0 3622 ACRES 1 61 29 S 84°14'E z ___—_—ATTEST: 43 00 MAYOR CITY CLERK ti 2\ ' RE -BAR S 84°14 00-E POND 2,s C�=w� 1 18B 23 CITY ENC I NEERS APPROVAL ti SPA �� THIS PLAT WAS APPROVED BY THE CITY OF ASPEN DEPARTMENT n 's h OF ENGINEERING THIS _ DAY OF _. , 1996. SNOBBLE — n CITY ENGINEER 6 o Quo o-i6 j �0 1 SUBDIVISION 0 COMMUNITY DEVELOPMENT APPROVAL 26 DECK / `�- ��\ 5 THIS PLAT WAS APPROVED BY THE DIRECTOR OF THE CITY OF ASPEN COMMUNITY / __4 2 DEVELOPMENT DEPARTMENT SIGNED THIS DAY OF 1996 POND \ B \ I P-K' I DIRECTOR 6 0 83m I TITLE CERTIFICATE I POND ' ' THE UNDERSIGNED L A DULY AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE, INC. REGISTERED TO DO BUSINESS IN PITKIN COUNTY 0) COLORADO , 66ES HEREBY CERTIFY THAT THE PERSONS LISTED A6 j OWNERS ON THIS PLAT DO HOLD FEE SIMPLE TITLE TO THE WITHIN o r DESCRIBED REAL PROPERTY, FREE AND CLEAR OF ALL LIENS. _ ( ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS PLAT ARE TRUE, THIS I I ! CERTFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE NOR AN 3 f OPINON OF TITLE NOR A GUARANTEE OF TITLE, AND IT IS UNDER6TOOD AND AGREED THAT LAND TITLE GUARANTEE COMPANY; NEITHER ASSUMES NOR WILL 0 PLAT NOTES BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON o ANY STATEMENT CONTAINED HEREIN. WELL O PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. ASPEN, CO 81611 U SIGNED: o / BY VINCE HIGENS, PRESIDENT STATE OF COLORADO ) )ss COUNTY OF ) j'6129 THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS / OF PITKIN OFUNTY TITLE, IN6 1996 BY VINCE HIGENS, PRESIDENT OF / MYTCOMMISSIONNE SS MyNEXPIRESD AND OFFICIAL SEAL i NOTARY PUBLIC rn / CLERK AND RECORDERS ACCEPTANCE PARKING / % THIS CONDOMINIUM MAP WAS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF PITKIN, STATE OF COLORADO AT / 0 CLOCK, —.M THIS DAY OF 1996, AND RECORDED IN PLAT BOOK _ AT PAGE _SS RECEPTION NUMBER / CLERK AND RECORDER 15170 PREPARED BY ASPEN SURVEY ENGINEERS. INC. 210 S. GALENA STREET DP.O. BOX 2506 ASPEN. COLO. 81611 4e PHONE/FAX (303) 925-3816 BARR SUBDIVISION SHEET 1 OFF 1 JOB NO 21001C JUNE 26. 1996 i 41 MEMORANDUM TO: Stan Clauson, Community Development Director /APPROVEL FROM: Suzanne Wolff i <<� U10 2* 1996 'OMMUNITY Ulht� i UH RE: Goldsbury/Weinberg Subdivision Exemption for a Lot LineC4W*A DATE: July 31, 1996 REQUEST: The applicants are requesting approval of a Lot Line Adjustment to accommodate the placement of utilities on the Goldsbury property. The application is attached as Exhibit A. APPLICANTS: Christopher. Goldsbury & Jay Weinberg REPRESENTATIVE: Brooke Peterson LOCATION: Lot A, Ben Deane Lot Split (700 Sneaky Lane) and Lots 1 & 2, Westview Lot Split (Meadows Road) ZONING: R-30/PUD (Ben Deane Lot Split) & R-15 (Westview Lot Split) BACKGROUND: The Ben Deane Lot Split plat was recorded October 1, 1984, in Plat Book 16 at Page 57. The Westview Lot Split plat was recorded June 2, 1994, in Plat Book 34 at Page 64. REFERRAL COMMENTS: Comments from the City Engineering and Parks Departments are attached as Exhibit B. Engineering is currently reviewing the building permit application for Mr. Goldsbury, and had noted that the site plan did not provide an adequate area for fire engine turn around. The lot line adjustment will provide additional area on the Goldsbury parcel to accommodate an adequate turn around area. The plat shall be amended as noted in Engineering's referral memo. Parks has requested that Mr. Goldsbury and Mr. Weinberg work with the Parks Department to establish a trail alignment, possibly along the sewer easement on the Westview lots. A trail easement was granted to the City as part of the approval of the Ben Deane Lot Split; however, staff has determined that this alignment is problematic and would like to work with the owners to establish an appropriate alignment. STAFF COMMENTS: Section 26.88.030(A)(1) allows the Community Development Director to approve an adjustment of a lot line between contiguous lots if all of the following conditions are met: 1. It is demonstrated that the request is to correct an engineering or survey error in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels. Response: The adjustment constitutes an insubstantial boundary change, which will allow Mr. Goldsbury to locate utilities on -site and to provide an adequate turn around area for fire engines. The square footage of the Goldsbury lot will not be affected by the adjustment; Lot 1, Westview, will decrease by 1,602 square feet, and Lot 2, Westview, will increase by 1,602 square feet. All three lots will still be conforming with respect to size in their respective zone districts. 2. All landowners whose lot lines are being adjusted shall provide written consent to the application; and Response: Written consent from both applicants is included with Exhibit A. 3. It is demonstrated that the request is to address a specific hardship; and Response: Planning Commission Resolution No. 95-22, which approved the Goldsbury accessory dwelling unit, stipulates that "the 24' access and utility easement may not be used for new surface utility needs." Due to the location of the lot adjacent to Castle Creek and the constraints of the existing ponds on the property, the parcel being conveyed to the Goldsbury lot is the most reasonable and least impactive location for additional utilities. Resolution No. 95-22 is attached as Exhibit C. 4. 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; and Response: As noted above, all lots will remain conforming in their respective zone districts. The plat shall be amended as required by the Engineering Department prior to recording. 5. It is demonstrated that the lot line adjustment will not affect the development rights or permitted density of the affected lots by providing the opportunity to create a new lot for resale or development. Response: No new lots will be created by the adjustment, nor will the development rights or permitted density of the lots be affected. RECOMMENDATION: Staff recommends approval of the request for a subdivision exemption for a lot line adjustment between Lot A, Ben Deane Lot Split and Lots 1 & 2, Westview Lot Split, subject to the following conditions: The plat shall be signed and recorded within 180 days from the date of this approval, or prior to issuance of a certificate of occupancy for the Goldsbury residence, whichever occurs first, otherwise the approval shall be rendered null and void. The plat shall be 14 submitted for review and acceptance by the Engineering and Community Development staff prior to recording and shall be revised as follows: • Include all survey monuments; 100 year floodplain line; mean high water line; all improvements on the properties; driveway and utility easement on Lot B benefitting Lot A, Ben Deane Lot Split; access and water line easements on Lot 1, Westview Lot Split; recording information for the sewer easement and the fishing and hiking easement; basis of bearings; adjacent subdivisions; and zone districts. • Delete the City Council approval certificate. 2. The applicants shall work with the Parks Department to establish a new trail alignment, possibly along the sewer easement on the Westview lots. All representations made in this application shall be adhered to as conditions of approval. I hereby approve the Subdivision Exemption for a Lot Line Adjustment between Lot A, Ben Deane Lot Split and Lots 1 & 2, Westview Lot Split, subject to the conditions noted above. Stan Clauson, Community Development Director Attachments: A. Application B. Referral Comments C. Planning Commission Resolution No. 95-22 D. Lot Line Adjustment Plat 3 E 9 MEMORANDUM To: Suzanne Wolff, Planner Thru: Nick Adeh, City Engineer From: Chuck Roth, Engineering Department e`k Date: July 26, 1996 Re: Goldsbury/Weinberg Lot Line Adjustment (Between Lot A, Ben Deane Lot Split and Lots 1 & 2, Westview Lot Split) Having reviewed the above referenced application, and having made a site inspection, the Engineering Department has the following comments: 1. The lot line adjustment is additionally beneficial to the Mr. Goldsbury because the property is subject to a building permit application which is currently being reviewed. Fire engine access was a concern, and the addition of Parcel B to the Goldsbury parcel increases the area available for fire engine turn around. 2. There are many plat contents per state and city requirements which are incomplete and which must be completed prior to signing the final plat: all survey monuments; 100-year floodplain line; mean high water line; all improvements on both properties; driveway and utility easement on Lot B benefiting Lot A, Ben Deane Lot Split; access and water line easements on Lot 1, Westview Lot Split; sewer easement book and page recording information; fishing and hiking easement book and page recording information; basis of bearings; adjacent subdivisions; and zone district. Delete the Council approval certificate. 3. The final plat must be recorded prior to issuance of the certificate of occupancy for the Goldsbury residence. 4. At the development review committee meeting, the Parks Department requested that the sewer easement be expanded to include pedestrian use. M96.44 • • September 17, 1996 Brooke Peterson. Kaufman & Peterson 315 E. Hyman Ave. Aspen, CO 81611 Re: Goldsbury/Weinberg Lot Line Adjustment Dear Brooke: ASPEN • PITKW COMMUNITY DEVELOPMENT DEPARTMENT In confirmation of your letter dated September 16, 1996, after the lot line adjustment, Lots 1 and 2 of the Westview Lot Split will not be subject to the obligations associated with the Ben Deane Lot Split, and Lots A and B of the Ben Deane Lot Split will not be subject to the obligations associated with the Westview Lot Split. Please let me know if I can provide any further assistance. Sincerely, Suzanne Wolff Planner 130 SOUTH GALENA STREET - ASPEN, COLORADO 81611-1975 - PHONE 970.920.3090 - FAX 970.920.5439 Printed on Reevded Paper • • LAW OFFICES OF BROOKE A. PETERSON KAUFMAN & PETERSON, P.C. GIDEON I. KAUFMAN* 315 EAST HYMAN AVENUE HAL S. DISHLER" ASPEN, COLORADO 81611 OF COUNSEL: ERIN L. FERNANDEZ"' VIA HAND DELIVERY ALSO ADMRTED IN MARYLAND ALSO ADMITTED M FLORIDA ^' ALSO ADM=D IN TEXAS September 16, 1996 Ms. Suzanne L. Wolff Aspen/Pitkin Community Development Office 130 South Galena Street Aspen, Colorado 81611 Re: Goldsbury/Weinbm Lot Line Adjustment Dear Suzanne: TELEPHONE (970) 925-8166 FACSIMILE (970) 925-1090 FE SEP 17 t�-jo In my transmittal of the revised Plat this morning, I forgot to ask that you assist me with one other aspect of this matter. Mr. Weinberg has asked for confirmation of my understanding that Lots I and 2 of the Westview Lots, after the lot line adjustment, will not be subject to any of the obligations associated with the Ben Deane Lot Split, and also for confirmation that Lots A and B of the Ben Deane Lot Split, will not be subject to the obligations associated with the Westview Lot Split. I would appreciate it if you would confirm my understanding of the respective obligations affecting each lot after the lot line adjustments. Thank you very much for your time and attention to this matter and for your help in getting this matter finished. Yours very truly, KAUFMAN & PETERSON,,P.C. A Professional Corvorati6n I� BAPAjk cc: Cesare Salandra (via facsimile) Millard Zimet, Esq. (via facsimile) letters\plan-wol. September 9, 1996 Brooke Peterson. Kaufman & Peterson 315 E. Hyman Ave. Aspen, CO 81611 Re: Goldsbury/Weinberg Lot Line Adjustment Dear Brooke: ASPEN - PITKIN COMMUNITY DEVELOPMENT DEPARTMENT The Lot Line Adjustment approved on August 2, 1996, by Stan Clauson, Community Development Director, does not require the applicants to realign the trail, but recommends that the applicants work with the Parks Department in an effort to determine if a different trail alignment might be acceptable to the applicants. I hope this clarifies the condition of approval. Please let me know if I can provide any further assistance. Sincerely, - Suzanne Wolff - Planner 130 SOUTH GALENA STREET - ASPEN, COLORADO 81611-1975 - PHONE 970.920.5090 - FAx 970.920.5439 Printed on Recycled Paper • LAW OFFICES OF BROOKE A. PETERSON KAUFMAN & PETERSON, P.C. GIDEON I. KAUFMAN* 315 EAST HYMAN AVENUE HAL S. DISHLER•• ASPEN, COLORADO 81611 OF COUNSEL: ERIN L. FERNANDEZ- ALSO ADMITTED IN MARYLAND ALSO ADMITTED IN FLORIDA - ALSO ADMITTED IN TEXAS A HAND DELIVERY August 13, 1996 Ms. Suzanne L. Wolff Administrative Assistant Aspen/Pitkin Community Development Office 130 South Galena Street Aspen, Colorado 81611 Re: Goldsburv/Weinbm Lot Line Adjustment Dear Suzanne: fit, %.FEFV D AU6 1 41996 (970)925-8166 FACSIMILE (970)925-1090 Please allow this letter to serve as confirmation of my understanding that the realignment of the trail on the Goldsbury property is not a condition precedent to the approval of the lot line adjustment with the Weinberg property. As we discussed, I have been working with George Robinson and John Krueger to discuss the possibilities of realigning the trail but, at this time, no agreement has been reached nor have any promises been made to realign the trail from its existing alignment along the Roaring Fork River. As you undoubtedly know, Mr. Goldsbury is extremely concerned about security and about the propriety of placing a trail easement any closer to either his house or any of his neighbors' houses. If my understanding is incorrect in any fashion, please contact me immediately. Thank you very much for your time and attention to this matter. Yours very truly, KAUFMAN-& A Professional BAP/]jk / BokA. cc: Christopher Goldsbury Cesare Salandra David Hoefer, Esq. • • LAW OFFICES OF BROOKE A. PETERSON KAUFMAN & PETERSON, P.C. GIDEON I. KAUFMAN' ERIN L. FERNANDEZ" 315 EAST HYMAN AVENUE ASPEN, COLORADO 81611 HAL S. DISHLER ' ALSO ADMITTED IN MARYLAND ALSO ADMITTED IN FLORIDA •" ALSO ADMITTED IN TEXAS VIA HAND DELIVERY July 3, 1996 Mr. David Michaelson Aspen/Pitkin Community Development Department City of Aspen 130 South Galena Street Aspen, Colorado 81611 Re: Lot Lane Adjustment/Goldsbury/Weinberg Dear David: TELEPHONE (970)925-8166 FACSIMILE (970)925-1090 You may recall our discussion earlier this year regarding the adjustment of the lot lines between Lot A of the Ben Deane "Lot Split" Subdivision ("Goldsbury Property") and Lot 1 and Lot 2 of the Westview Lot Split ("Weinberg Property"). I am enclosing herewith a draft of a plat for this lot line adjustment. It is submitted that this adjustment meets the criteria as set forth in Section 26.88.030 of the Aspen Municipal Code as follows: This adjustment is being requested in order to permit an insubstantial boundary change between three adjacent parcels. In fact, as the map demonstrates the net result of the proposed transaction will be that no additional square footage will be added to Lot A of the Ben Deane "Lot Split" Subdivision, 1,602 square feet will be subtracted for Lot 1, Westview Lot Split, and 1,602 square feet will be added to Lot 2, Westview Lot Split. I am enclosing Attachment 1, Land Use Application Form, which has been completed and contains your pencilled notations as we previously discussed. You will also find enclosed the written consents of the lot owners whose lot lines are being adjusted with respect to this adjustment. I have also enclosed copies of recently issued title insurance information showing that the properties are titled in the names of the owners whose consents are enclosed. Hopefully, this information will be sufficient in lieu of the copies of the deeds you requested. If you absolutely need to have copies of the deeds themselves, let me know. Mr. David Michaelson July 3, 1996 Page 2 This request is being made in order to accommodate the placement of utilities on the Goldsbury Property, and in order to allow property from the Weinberg Property which is topographically separated from the remainder of the Weinberg Property to be added to the Goldsbury Property and vice versa. As Section 26.88.030 requires, the plat of this lot line adjustment will be prepared in accordance with the requirements of the City of Aspen Municipal Code. With respect to the development rights upon the properties, the net effect of the lot line adjustments is that the allowable square footage on the Weinberg Property will be slightly readjusted between Lots 1 and 2, Westview Lot Split, and the development rights on the Goldsbury Property will remain the same. As I stated, I am enclosing herewith a draft of the plat for your review and consideration, and I solicit your comments as soon as possible. I am also enclosing herewith the written consent of both lot owners to this matter and the application fee of $555.00. Please feel free to contact me if you need any additional information with respect to this application. Thank you very much for your time and attention to this matter. Yours very truly, KAUF PETERSON,�� A rofess'onal do boratio By: BAP/ 1 j k Enclosures cc: Christopher Goldsbury Millard Zimet, Esq. letters\michaeis.on oRe A. Vetei�son • • ►TAX N • WEVqHBRa TRUST 55 N.B. PStreet Hi,ami L 331�2 4Vne 28, 1996 City of Aspen and Fitkin Cuuaty 1'iana,49 Aepa=tmer►t R�0 en�uCO a 6],611St=®et P Ike. Dust Sit or MOMI �mint�erg Trust aY The underoignsd i$ the Trust e er o f Lotof ThO JI and Lot 2 � W60tview The Trust is the oFm (th,e "Trust" 1•• a % according to tkle plat thereof iecarde City of AOp It is my LQt P 34 bit: Page 6 • of the �TyneS2ri199Q in flat Boo Jr� � the owner 'ue that Christopher ooldebU711 tment a arcel0, �.e preparing to filA a lot line 9 p p�.ease accept this etteY ea Involving QUX rVOPeotive propertis$• our �y1e� of this s.uthorization ixom the Trust rush tQ f; cot* wist cesd with you apprcv� 4f this applioati,on, and aB the T application. oin lease mgtj,ons reg�szdiriQ the fvxpq 9r P 1 f you have any 9u Mi11aIZd Zi.rnet, at 925-8700. Qonta�ot the Trust's Aspen at<t9rPeY Very truly yours, Jay N. Wexnbarq Trusts* WaioborO401 II IA I I• � � t I JUL 01 '96 17:51 TO-1-970-925-1090 FROH-Si Iver Ventures ' JUL O1 *% OO14 TO.0119711454142 • FAOH-Silver Ventures T-031 P, 02/02 F-048 • T-ou P-OV02 F-025 Cma%VMU MLD9>9 M 9ILVIM Vm Tuus aoo CCMcaso PLaZIL WW ANTM10 i TEM 78216 JuM 28, 1996 To M= IT ]MY CUK=: I, Ghristopbor GQ14aDurp, as tU otrner of Lot A, can DaaW Tat Split, 6+erft aoe:saat to, and request approval of, the edjust- "W* of the sat lina bats, m Lot A. Im D"m lot split, and Lots 1 a" 2, ti "%View L* split, as ohovn on the GoldWm=Y1Weihb&W Lot Line AdjU6tMM plat prepared by Asp: Survuy EWia$G, I=- dated June 366 1996. yu"s Very truly, 0 MESSAGE DISPLAY TO Suzanne Wolff cc Trails From: Rebecca Schickling Postmark: Jul 29,96 8:23 AM Status: Previously read Subject: Reply to: Goldsbury lot line adjustment ------------------------------------------------------------------------------ Reply text: From Rebecca Schickling: I don't think it can be a condition but a request for both lot owners to work with the Parks Department on a trail alignment, possibly on the sanitation easement across Weinberg. Even if its not a condition I would like it stated "for the record". Thanks! Preceding message: From Suzanne Wolff: Did you want to attach any conditions to this review? • • RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT AT THE GOLDSBURY RESIDENCE, 700 SNEAKY LANE (LOT A, BEN DEAN LOT SPLIT) CITY OF ASPEN Resolution No. 95-�21 WHEREAS, pursuant to Section 24-5-510 of the Aspen Municipal Code accessory dwelling units may be approved by the Planning and Zoning Commission as conditional uses in conformance with the requirements of said Section; and WHEREAS, the Planning Office received an application from Kit Goldsbury for a Conditional Use review to legitimize an existing 516 s.f. above grade accessory dwelling unit at his residence; and WHEREAS, the proposed unit is 100% above grade, therefore the site is allowed an FAR bonus not to exceed one half of the area of the accessory dwelling unit pursuant to the definition of Floor Area "Accessory Dwelling Unit", Section 3-101 of the Aspen Land Use Code; and WHEREAS, the Housing Office, City Engineer, and the Planning Office reviewed the proposal and recommended approval with conditions; and WHEREAS, during a public hearing at a regular meeting on August 8, 1995 the Planning and Zoning Commission approved by a 7-0 vote the Conditional Use review for the above grade existing accessory dwelling unit with the conditions recommended by the Planning Office. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Conditional Use for a 516 s.f. net livable, above grade accessory dwelling unit is approved with the following conditions: 1. Prior to issuance of any building permits the applicant shall: a. verify the net livable square footage of the ADU and the floor area for the floor area bonus purposes; b. upon approval of the deed restriction by the Housing Office, the applicant shall record the deed restriction with the Pitkin County Clerk and Recorder's Office with proof of recordation to the Planning Department. The deed restriction shall state that the accessory unit meets the housing guidelines for such units, meets the definition of Resident Occupied Unit, and if rented, shall be rented for periods of six months or longer; and C. kitchen plans shall be verified by the Housing Office to ensure compliance with specifications for kitchens in • • ADUs. 2. The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right-of-way. 3. The ADU shall be clearly identified as a separate dwelling unit on Building Permit plans and shall comply with U.B.C. Chapter 35 sound attenuation requirements. 4. Prior to the issuance of any building permits, a new site plan indicating on -street parking shall be provided and a drainage plan that confirms historic run-off shall be maintained on - site. 5. The applicant shall consult city engineering for design considerations of development within public right-of-way, parks department for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights -of -way from city streets department. 6. Prior to the issuance of any building permits, the applicant shall consult the Aspen Parks Department to review the condition of the trail easement that was provided at the time of the lot split. 7. The 24 foot access and utility easement may not be used for new surface utility needs. S. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. APPROVED by the Commission at its regular meeting on August 8, 1995. Attest: Sharon Carrillo, Deputy City S -l-7 -q'�S Planning and and Zoning commission: Clerk Clerk 1 SF�2i4 � iq �?:� / S-2z-G5 • • PLANNING & ZONING COMMISSION AUGUST 8, 1995 STAFF COMMENTS Lamont stated, I would just like to first thank Bob Blaich for hosting our going away dinner for Bruce at his house, it was very nice. The Commission applauded Commissioner Blaich. Also, my suggestion, before the three of you came in, that we switch Old Business and the Work Session because Dave Tolen and George Krawzoff will be talking to you about the ADU Survey, and it is just me with you all with the AH/RO. I want to cut short our AH/RO Discussion, so if we could switch those two? Garton asked, do we need a formal motion to do it? It was agreed a formal motion was not required and the switch was agreed upon by the Commission. GOLDSBURY CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT Garton opened the public hearing. Lamont represented staff and made presentation stating, this is a Conditional Use Review and the applicants are requesting to legalize an existing accessory dwelling unit that is on the property. They propose to go through some renovation of the home, and realize that they have a bandit unit and they are in the process to legalize their accessory dwelling unit. There will be some exterior changes to the accessory dwelling unit and there will be a slight expansion of the accessory dwelling unit to the rear of the unit. The unit is 107 by 48, so, the parcel is eligible for a floor area bonus of up to 250 sq. ft. or half the size of the ADU, whichever is less. The ADU itself, is approximately 516 sq. ft., there is an exterior exit to the unit; currently, it is a protected access to the ADU, but with the renovation of the home they will need additional extended porch and roof overhangs. There are actually two entrances to the ADU, one in the front and one in the back of the accessory dwelling unit. The dwelling unit is occupied and I don't know if it has been occupied by the same person for several years, but the applicant's representative says that the caretaker unit has been used for many years as just that. Staff recommends approval of this accessory dwelling unit with pretty much our standard conditions of approval, however, I would' like to point out one unusual condition of approval for our typical ADUs. When this property went through the lot split process of Lot A and Lot B, before it was the Ben Deane Subdivision; a trail oil • 0 PLANNING & ZONING COMMISSION AUGUST 8, 1995 easement was given to the City at that time. Chuck Roth, at a site visit, and in looking at the plats, has determined that easement may be problematic, and so, I'm recommending that the applicant work with our Parks Department so we can solidify that trail easement, and since the City now owns all that Meadows land area right next to this property, it might be a good time for the Parks Department to diligently work with the applicant to get our trail. So, that's why I included that condition of approval. The Affidavit of Posting was not presented, but a photograph of posting was presented to the clerk by the applicant's representative, Nicole Finholm, Finholm Architects. Garton asked, Nicole, do you have a presentation? Finholm answered, I don't, other than I might wish to address the Parks rule. We have had the same employee living in the unit for several years, he's been there for at least 15 years. We hope he will stay on with us after we remodel it. Garton asked, do the Commissioners have any questions of the applicant or staff? Do you need anything clarified? Hunt stated, I do have a question about the overhang on the south elevation and possible snowshedding there at that entrance to the unit. Has there been any snowshedding problems? Finholm responded stating, no, because the overhang extends 3 and 1/2 feet. Hunt asked, is the overhang the dotted line there (referring to drawings)? Finholm answered, yes. Hunt stated, O.K., fine. Garton stated, before I ask for questions from the public, I want to remind them that what our purview here tonight is to review and legalize an accessory dwelling unit, and to be sure that it meets the requirements of the code, which has been answered in the memorandum. Garton stated, I have a couple of questions regarding the compatibility of the code. One is, parking space requirement, it isn't actually defined or mapped out here on the blueprint. Finholm stated, we have parking spaces for all persons in house, plus private parking spots for the ADU unit. Garton asked, where is that on the blueprint? Finholm showed on a site plan where all the parking was. Garton asked, so, you have five spaces for how many bedrooms? Finholm replied, we have five bedrooms, and we actually have eight spaces with the garage. 3 PLANNING & ZONING COMMISSION AUGUST 8, 1995 Lamont stated, let me just add for clarification, remember, we changed the code to one or two parking spaces per dwelling unit, not for bedrooms. Garton asked, also, in Chuck's memorandum, he mentions about the public trail easement, which we want to address. He also says that Sneaky Lane carries a public pedestrian easement. It is a private road, and is that true, there's a pedestrian easement? Finholm answered, it is my understanding that on Sneaky Lane there is a utility access easement. Lamont added further comment and stated, we discussedmany alternatives, and our understanding is that there is an access, public utility access easement on Sneaky Lane, and it is not a private pedestrian easement. But we can go through that. Garton asked, and we don't have a map to show what you would like to have widened? Lamont stated, no, that's why my condition of approval recommends that they work with the Parks Department to figure out what kind of easement we would like, what kind of trail we would like because they have easements on the other side of the creek also, and where it would hook up and how it would hook up. Garton asked, is that agreeable to you, Nicole, and to the applicant? Finholm answered, yes, it is. Garton asked, any questions or comments from the audience about this application for an accessory dwelling unit? There were none. Garton stated, in that case, I entertain a motion. MOTION Hunt stated, I move to approve the conditional use of affordable housing unit at 700 Sneaky Lane with Conditions 1-8, Planning Office memorandum dated 8 August, 1995, finding that it meets all the review criteria. This is also conditioned on the applicant getting the address list for the Public Notice to the Planning Office. Blaich seconded, voting commenced, vote was unanimous in favor, motion carried. W. CASF(fAD SUMMARY SHEET - CITY OWPEN DATE RECEIVED: DATE COMPLETE: PARCEL ID # 7/5/96 2735-122-84-001,-84-002,-35-005 CASE # A48-96 STAFF: Dave Michaelson Aoce.. UZ4.4"'a w IZ'LF!�-- PROJECT NAME: Goldsbury/Weinberg Lot Line Adjustment Project Address: Lots 1 and 2, Westview Lot Split, Lot A Ben Deane Lot Split, Meadows Rd., Aspen APPLICANT: Christopher Goldsbury Address/Phone: REPRESENTATIVE: Brooke Peterson, Kaufman and Peterson, PC Address/Phone: 315 E. Hyman, Aspen ----- 925-8166 FEES: PLANNING $450 ENGINEER $105 HOUSING $0 ENV HEALTH $0 TOTAL $555 AMT. RECEIVED $555 REFERRALS: ❑ City Attorney ❑ City Engineer ❑ Zoning ❑ Housing ❑ Environmental Health ❑ Parks # APPS RECEIVED 1 # PLATS RECEIVED 2 TYPE OF APPLICATION: Staff Approval ❑ Aspen Fire Marshal ❑ City Water ❑ City Electric ❑ Clean Air Board ❑ Open Space Board ❑ Other: ❑ CDOT ❑ ACSD ❑ Holy Cross Electric ❑ Rocky Mtn Natural Gas ❑ Aspen School District ❑ Other: DATE REFERRED: INITIALS: DATE DUE: �% 2 APPROVAL: Ordinance/Resolution # Staff Approval Plat Recorded: CLOSED/FILED DATE: INITIALS: ROUTE TO: Date: Date: Book , Page ATMCBMENT 1� t�so.00-�7 USE APMCATICN FUR4 1) Project Name GOLDSBURY WEINBERG TOT T TNF ADJUSTMENT 5� S5- 2) Project Location (indicate street address, lot & block fir, legal description ure appropriate) 3) Present Zoning 5) 6) 7) N/A 4) Lot Size N/A Applicant's Name, Address & Phone # Christopher-Goldsbury, c/o Brooke A. Peterson, Kaufman & Peterson, P.C., 315 East Hyman Avenue, Aspen, CO 81611 Representative's Name, Address & Phone # Type of Application (please dieck.all that apply): Conditional Use Special Review 8040 Greenline- Final SPA Final PUD Morn Ytain View Plane atdivision Final Historic Dev. Minor Historic Dev. Historic Designation mini wni 7ation Tect,/mp Amertment GMUS Allotment Iat Split Int t,ir,e GMS Emeaption Adjustment A"`�I•�T To 8) Description of Existing Uses (timber and type of existing stxuctures; approximate sq. ft. ; mmdber of bedrooms; any Previous approvals granted, to the Ply) - Two vacant single-family lots and one developed residential single-family lot. 9) Description of Development Application Adjustment of lot lines between three lots: Lot A, Ben Deane Lot Split; Lots 1 and 2 of the Westview Lot Split 10) - you attadied the S U BMi%fi�,� rdox�I�_ oaf1saTia..( Fca�n PP.��'Ty ON ►�-,a_ S r svgp'vu ►o� S S NTI COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: 04/04/96 at 08:30 A.M. 2. Policy or Policies to be issued: (a) ALTA Owner's Policy -Form 1992 Proposed Insured: CHRISTOPHER GOLDSBURY JR. (b) ALTA Loan Policy -Form 1992 Proposed Insured: Case No. PCT10860 Amount$ TBD Premium$ Rate:RE-ISSUE Amount$ Premium$ Rate: Tax Certificate $20.00 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: THE JAY N. WEINBERG TRUST DATED MAY 8, 1991, AS AMENDED 4. The land referred to in this Commitment is situated in the County of PITKIN, State of COLORADO and is described as follows: A PORTION OF LOT 1, WESTVIEW LOT SPLIT, according to the Plat thereof recorded June 2, 1994 in Plat Book 34 at Page 64. NOTE: THE ABOVE LEGAL DESCRIPTION WILL BE AMENDED UPON RECEIPT OF A CURRENT SURVEY. Countersigned at: PITKIN COUNTY TITLE, INC. Schedule A-PG.1 601 E. HOPKINS This Commitment is invalid ASPEN, CO. 81611 unless the Insuring 970-925-1766 Provisions and Schedules 970-925-6527 FAX A and B are attached. NTI C7 SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to -wit: 1. Deed from : THE JAY N. WEINBERG TRUST DATED MAY 8, 1991, AS AMENDED To : CHRISTOPHER GOLDSBURY JR. 2. Proper governmental approvals approving the lot line adjustment contemplated by this transaction. . 3. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance No. 13 (Series of 1990) has been paid or exempted. Nil 1 • 0 SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 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, enchroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded June 8, 1888 in Book 55 at Page 2. 8. Easement and right of way granted to Aspen Metropolitan Sanitation District by instrument recorded May 22, 1970 in Book 248 at Page 612. 9. Terms, conditions, provisions and obligation of Sidewalk, Curb and Gutter Improvement Agreement recorded May 26, 1994 in Book 751 at Page 628. 10. Terms, conditions, obligations and all matters as set forth in Statement of Exception from the Full Subdivision Process recorded June 2, 1994 in Book 752 at Page 189. 11. Easements, rights of way and all matters as disclosed on Plat of subject property recorded June 2, 1994 in Plat Book 34 at Page 64. This commitment is invalid unless Schedule B-Section 2 the Insuring Provisions and Schedules Commitment No. PCT10860 A and B are attached. NTI ' •ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B-Section 1. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2; NOTE: Each title entity shall notify in writing every prospective insured -in an owner's title insurance policy for a single family residence (including a condominim or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners' closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage". Pursuant to Senate Bill 91-14 (CRS 10-11-122); (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. This commitment is invalid unless Schedule B-Section 2 the Insuring Provisions and Schedules Commitment No. PCT10860 A and B are attached. NTI • • COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: 04/04/96 at 08:30 A.M. 2. Policy or Policies to be issued: (a) ALTA Owner's Policy -Form 1992 Proposed Insured: JAY N. WEINBERG (b) ALTA Loan Policy -Form 1992 Proposed Insured: Case No. PCTIO861 Amount$ TBD Premium$ Rate:RE-ISSUE Amount$ Premium$ Rate: Tax Certificate $20.00 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: CHRISTOPHER GOLDSBURY JR. 4. The land referred to in this Commitment is situated in the County of PITKIN, State of COLORADO and is described as follows: PART OF LOT A, BEN DEANE "LOT SPLIT" SUBDIVISION, according to the Plat thereof recorded October 1, 1984 in Plat Book 16 at Page 57. NOTE: THE ABOVE LEGAL DESCRIPTION WILL BE AMENDED UPON RECEIPT OF A CURRENT SURVEY. Countersigned at: PITKIN COUNTY TITLE, INC. Schedule A-PG.1 601 E. HOPKINS This Commitment is invalid ASPEN, CO. 81611 unless the Insuring 970-925-1766 Provisions and Schedules 970-925-6527 FAX A and B are attached. NTI • SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to -wit: 1. Deed from CHRISTOPHER GOLDSBURY JR. To THE JAY N. WEINBERG TRUST DATED MAY 8, 1991, AS AMENDED 2. Proper governmental approvals approving the lot line adjustment contemplated by this transaction. 3. Partial Release by the Public Trustee of the, Deed of Trust from : PACE FOODS INC. A TEXAS CORPORATION to the Public Trustee of the County of Pitkin for the use of NCNB TEXAS NATIONAL BANK to secure $55,000,000.00 dated March 27, 1991 recorded April 15, 1991 in Book 643 at Page 962 reception no. 331826 4. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance No. 13 (Series of 1990) has been paid or exempted. NTI • 0 SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 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, enchroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded October 29, 1892 in Book 55 at Page 32. 8. Easement and right of way as granted to The Mountain States Telephone and Telegraph Company in instrument recorded December 12, 1929 in Book 162 at Page 172. 9. An easement granted to George L. Vagneur and Alice F. Vagneur for the sole use and benefit of Lot 1 of Snobble Subdivision, recorded in Book 188 at Page 231. 10. A road Right of Way 25 feet wide affecting Lot B as reserved in the Deed from Michael Marolt to Craig Lasley, recorded October 15, 1951 in Book 176 at Page 117. 11. Easements granted to Aspen Metropolitan Sanitation District 16 feet in width recorded in Book 249 at Page 343, and 12 feet in width recorded in Book 251 at Page 962. 12. Easements, rights of way and all matters as disclosed on Plat of subject property recorded October 1, 1984 in Plat Book 16 at Page 57. 13. Terms, conditions, provisions, obligations, easements and restrictions as set forth in the Declaration of Covenants, Restrictions and Conditions for Ben Deane Lot Split recorded October 1, 1984 in Book 474 at Page 206, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. (Continued) NTI 14. Terms, conditions, obligations and all matters as set forth in Statement of Exception from the Full Subdivision Process recorded October 1, 1984 in Book 474 at Page 209 and Exemption from the Growth Management Plat for a single family dwelling thereon, recorded October 1, 1984 in Book 474 at Page 209. 15. Any loss or damage as a result of any possible overlap with Castle Creek Subdivision, and any final disposition regarding Civil Action Case No. 3448, as shown on survey conducted and prepared by Aspen Survey Engineers, Inc., dated January, 1991 as Job No. 21001. 16. Any question, dispute or adverse claim as to any loss or gain of land as a result of any change in the river bed location by other than natural causes, or alteration through accretion, reliction, erosion or avulsion of the center thread, bank, channel or flow of waters in Castle Creek lying within subject land; and any question as to the location of such center thread, bed, bank, bed or channel as a legal description monument or marker for the purposes of describing or locating subject lands. NOTE: There are no documents in the land records of the Office of the Clerk and Recorded of Pitkin County, Colorado accurately locating past or present location(s) of the center thread, bank, bed, or channel of the above River or indicating any alterations of the same as from time to time may have occured. Any rights, interest or easements in favor of the riparian owners, the State of Colorado, The United States of America, or the general public, which exist, have existed, or are claimed to exist in and over the waters and present and past bed and banks of Castle Creek. This commitment is invalid unless Schedule B-Section 2 the Insuring Provisions and Schedules Commitment No. PCT10861 A and B are attached.