Loading...
HomeMy WebLinkAboutcoa.lu.ec.Sunny Park North-Lot 7.1984 CASE NO. 9/,A.fJi STAFF: ~dJ Ex:.cf.fh'~ - o CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: IJ-/I-8'Y DATE RECEIVED COMPLETE: PROJ ECT NAME: 5V1h;l PAl K /JliJ. Ld ( APPL ICANT: Applicant Address/Phone: REPRES EN TAT IV E: {h,. 7hl'~f'" Representative Address/Phone: 5uhJ/VIs/6I1 o Type of Application: 1. GMP/SUBDIVISION/PUD (4 step) Conceptual submission Preliminary Plat Final Plat . _ N. SUBDIVISION/PUD (4 step) Conceptual Submission Preliminary Plat Final Plat ~ III. EXCEPTION/EXEMPTION/REZONING (2 step) IV. SPECIAL REVIEW (1 step) Special Review Use Determination Conditional Use Oth er: ($2,730.00) ($1,640.00) ($ 820.00) ($1,900.00) ($1,220.00) ($ 820.00) ($1,490.00) ($ 680.00) -------------------------------------------------------------------- -------------------------------------------------------------------- P&Z @C' MEETING DATE: Q-1-y, ') DATE REFERRED: PUBLIC HEARING: IN IT IALS : NO YES --------------------------------------------------------------------- --------------------------------------------------------------------- REFERRALS: P City Atty _ Aspen Consolo S.D. _ School District ~ City Engineer Mtn. Bell _ Rocky Mtn. Nat. Gas Housing Dir. Parks Dept. _ StateHwy Dept (Glenwd) ./ Aspen ~later _ Holy Cross Electric _ StateHwy Dept (Gr.Jtn) City Electric ~ Fire Marshall ~ Bldg: Zoning/Inspectn Envir. Hlth. _ Fire Chief _ Other: Aw.A,"'(",~."1i1<,,.,.i_~;1. . ;~;;-;;;;;~;~;----------------~~;;-;~;;;;;-'i I b - ,-,r:-~;;:;~~;;p::; &/ City Atty ~ City Engineer _ Building Dept. Oth er : Oth er: ~~ - / ~ FILE STATUS AND LOCATION: t/4!)c( Revie\~cd by: ~ r,spO pc.z I J",~4i""l"'~::',l.(lF7-1"'i -~ ~~;~~c.ilO O\b .t::"""uJ.:Sl'U::nT-IUN: :> Un"1 t'j7,-'IITrlo,~oT City CO,",; I i)P~", ,\'~J) 11 . p-.'JJ-I "'Hl+'~;' to ~fP(:I'(' H" ':i>'M\\"j PAck fJ,'11! W7 SJ.c). ().{..- pho, S IIbJut to hllbkl;'1~ 4' (c..iLt ;011): 1. .A subdivision exception plat shall be submitted conforming to the requirements of Section 20-15 and specifically including information requested by the Engineering Department in the August 17, 1985 memorandum. 2. A statement of subdivision exception shall be filed with the City Attorney prior to recordation of plat. 3. The applicant shall submit a specific building envelope proposal as part of the application for the Greenline review, and shall submit information regarding the impacts of proposed development on the slope vegetation, drainage, and other environmental issues sufficient in detail to conduct the 8040 Greenline Review, pursuant to Section 24-6.2. , j . 4. The applicant shall work with the Aspen Volunteer Fire District to determine if a fire hydrant is necessary on the western lot line near the access road, and shall provide a fire hydrant if it is deemed necessary. The matter shall be resolved prior to approval of the 8040 greenline review. F.cviel-lcd By: i'.spcn P&Z Ci ty Council ...... Public Asset Management Office December 16, 1986 Mr. Steve Burstein, City Planner Aspen/Pitkin Planning Office 130 South Galena Aspen, CO 81611 Dear Steve; This letter is to formally request that the Aspen City Council reconsider, approve and sign a plat to be recorded for Lot 7 of the Sunny Park North Subdivision. The Sunny Park North Lot 7 Subdivision Exception was previously reviewed and approved by council on September 4, 1985. Because of staff changes and other administrative misconnections, the plat was never formally signed and recorded. According to sub- section 20-14(e) of the Aspen City Code, "Failure on the part of the subdivider to record the final plat within a period of ninety (90) days following approval by the city council shall render the plat invalid." Reconsideration and approval is therefore necessary before the plat can be formally accepted and recorded. Please accept this letter and a check for $350.00 (staff time and referrals) as a request for agenda scheduling of this matter. If you have any further questions, or care to request further information for the agenda packet, please contact me at 925-6612. Sincerely, PUBLIC ASSET MANAGEMENT Tom Newland, Planning Engineer cc: Ann Bowman -- -- --- - - .------ o o l'!.g,l'!.Q.Mt!I2UM TO: Mayor and Council ~ Harold L. Schilling, City Manag Steve Burstein, Planning Office THRU: FROM: RE: SUNNY PARK NORTH LOT 7 SUBDIVISION EXCEPTION DATE: September 4, 1985 ~OC~l~Q.N: Lot 7, Sunny Park North Subdivision, northeast of the Park Circle cul-de-sac, and up the hillside. Access is provided off the Smuggler Mountain Road between the third and fourth switchbacks to a small bench at the top of the site which is suitable for development. ~~M~~_~Y~ The Planning Office recommends approval of this subdivision exception to: a) Subtract a 6,900 square foot parcel from the existing Lot 7 to be used for right-of-way for the Park Avenue Loop; and b) to add a 6,900 square foot "out lot" parcel to Lot 7, lying northerly of and adjoining Lot 7, subject to the conditions stated below. ~Rg,Y~Q.Q.~_~Q.Q.t!~~~_~~l~Q.N: On August 13, 1984 City Council annexed the 6,900 square foot parcel of land situated to the north of Lot 7. Council rezoned Lot 7 and the 6,900 square foot parcel to R-15A(PUD) on Q.~t~~~~_~~_1~84. The Board of County Commission- ers approved a subdivision exemption on July 8, 1985 to adjust the lot line between the Mollie Gibson parcel and Lot 7, thereby completing the County's necessary action as pertains to this request to reconfigure Lot 7. ~~~~~RQ.Q.t!D: The proposal before you is the latest in a series of actions taken by the City and County to establish access to the Centennial Housing project by extending Park Circle to Spruce Street, create the Mollie Gibson parcel, reconfigure and rezone Sunny Park North Lot 7 and provide a new access to Lot 7. ~~~~lg~~~_~_~~g~~~~_~_OF__M~J[~~~~!~_CODE: Section 20-19(a) (4) states the conditions under which a subdivision exception may be granted for the purpose of adjusting a lot line between adjacent parcels: - o o MEMO: SUNNY PARK NORTH LOT 7 SUBDIVISION EXCEPTION PAGE 2 SEPTEMBER 4, 1985 (i) The applicant demonstrates that the purpose of the request is to correct an engineering or survey error in a recorded plat, to permit a boundary change between consenting adjacent landowners or to address specific hardship, provided that the corrected plat meets the standards of the Code at the time of the request; and (ii) The adjustment will not directly or indirectly affect the development rights or permitted density on the property by providing the opportunity to create a new lot or parcel for development or resale purposes. It may be considered sufficient proof that the applica- tion will not affect the development rights or permitted density of the property if the applicant documents that the lands in question are fully developed under existing zoning and will not change in development status due to the adjustment; or if the applicant agrees to compete under the GMP for any development rights beyond the existing level of development on the newly created lots or parcels; and (iii) Subsequent to the adjustment, the parcels or lots will continue to conform to the underlying area and bulk requirements of the zone district. In cases of an existing nonconforming lot, the adjustment shall not increase the nonconformity of the resulting lots or parcels; and (iv) The applicant otherwise complies with all applicable zoning and subdivision regulations of the City of Aspen. ~~q~~!~ DI~~~~~ION: Referral comments: A. Engineering Department -- The following comments were made in a memorandum dated August 19, 1985: 1. The lot is impacted by steep slopes and is subject to slope reduction calculation as a PUD, pursuant to Section 24-8.18 of the Municipal Code. 2. The lot is subject to the 8040 Greenline Review, pursuant to Section 24-6.2, which will address concerns including: a. inadequate water pressure, b. marginal access road, c. possible soil instability causing mud flows or avalanches, d. water runoff o o MEMO: SUNNY PARK NORTH LOT 7 SUBDIVISION EXCEPTION PAGE 3 SEPTEMBER 4, 1985 3. The plat should show areas of slopes in excess of 20% and the Park Avenue Loop road right-of-way. B. Building Department/Fire District: Jim Wilson on September 4, 1985 the brought up: In a conversation with following concerns were 1. There is a fire hydrant on the Park Circle cul-de-sac. Although it is in an acceptable linear distance from the lot, the hillside would be a difficult obstacle for a fireman bringing a hose to the site. It would be desireable if a fire hydrant were installed on the eastern property line next to the access road. 2. The access road is of adequate width for emergency service vehicles. However, it is a concern that winter maintenance of the road from the Smuggler Mtn. Road intersection with the Park Avenue Loop (County Road) to the access easement to the site may not be adequate for public safety purposes. C. Water Department: In a memorandum dated September 2, 1985 Jim Markalunas stated that there is no problem with the availability of water to Lot 7; however, the water pressure in this area will be lower than in town, and should be improved due to the addition of the Rubey and Centennial looping. D. Aspen Consolidated Sanitation District: Heiko Kuhn of the District stated on September 3, 1985 that there is no problem serving this site by hooking into the Park Circle sewer line. ~LA~NI~~Q~~1gg_REV1~~~ This application meets the basic intent of Section 20-19(a)(4). The requested lot line adjustments would create a lot that meets the lot size requirement of 15,000 square feet and provide the right-of-way for the extension of Park Avenue (already built). The adjustment does not directly or indirectly affect the development rights or permitted density on the property. It should be noted that from previous Planning Office calculations, it appears that after slope reduction only a single family house can be built on the property, and single family residences on a single lot are not subject to PUD require- ments. There are significant concerns with the adequacy of access and public services to the property. With regards to all weather access to the site, the County has committed to maintaining the estimated 1,075 feet of Smuggler Mountain Road to the access road, all within County property. The access road is approxi- o Q MEMO: SUNNY PARK NORTH LOT 7 SUBDIVISION EXCEPTION PAGE 4 SEPTEMBER 4, 1985 mately 190 feet long from its intersection with Smuggler Mountain Road. Access is still less than optional for Lot 7; however an ef fort has been made to provide as reasonable an access as is possible. Council should note that at the time of 8040 Greenline Review the applicant should provide more detailed information to address service problems and environmental concerns. The Planning Office recommends that a building envelope be required as part of the 8040 Greenline Review in order to ensure that a house is located on the bench and would not impact the hillside. There may be other significant environmental issues that would be identified during greenline review which must be appropriately addressed at that time. ~~~~~~~~AT~ON: The Planning Office recommends approval of this request for a subdivision exception subject to the following conditions: 1. A subdivision exception plat shall be submitted conforming to the requirements of Section 20-15 and specifically including information requested by the Engineering Department in the August 17, 1985 memorandum. 2. A statement of subdivision exception shall be filed with the City Attorney prior to recordation of plat. 3. The applicant shall submit a specific building envelope proposal as part of the application for the Greenline review, and shall submit information regarding the impacts of proposed development on the slope vegetation, drainage, and other environmental issues sufficient in detail to conduct the 8040 Greenline Review, pursuant to Section 24-6.2. 4. The applicant shall work with the Aspen Volunteer Fire District to determine if a fire hydrant is necessary on the western lot line near the access road, and shall provide a fire hydrant if it is deemed necessary. The matter shall be resolved prior to approval of the 8040 greenline review. ~~~~OS~Lli~TI~N : "Move to approve the Sunny Park North Lot 7 Subdivision Exception subject to the four stated conditions." SB.klm ,jCHMUESER C:::)EERS & CONSTRUCTORS .July 3, 1985 Mr. Steve Burstein, City planner AspenjPitkin Planning 130 South Galena Aspen, Colorado 81611 Dear Steve: pitkin County is requesting a subdivision exemption to allow for a lot line adjustment of 6,900 square feet of Lot 7 of the Sunny Park North Subdivision. 'It1e 6,900 square feet of Lot 7 to be subtracted, is being used for right-<>f-way for park Avenue LoOp. In exchange, the County is adding 6,900 square feet of land from the southeast corner of the CentennialjMollie Gibson Park property to retain the lot at its original size. Last fall the City took appropriate action to annex the CentennialjMollie Gibson 6,900 square feet and to zone it Rl5A PUD. 'It1e total size of Lot 7 does not mange from that originally platted and no increase in density will occur. A thirty foot access easement from County road number twenty-<>ne (21), Smuggler r-buntain Road, provides access through r-bllie Gibson Park to Sunny Park North Lot 7. 'It1e driveway from the County road to the lot line has been constructed by the County as a part of the r-bllie Gibson Park construction. I . I The County purchased the original T.A>t 7 to acquire necessary right-of-way to build Park Avenue LoOp. To recover its expenses the County wishes to adjust lot lines and resell the lot. 'It1e adjusted lot provides a better building lot and reasonable access, as the original r~t 7 was inaccessible because of the steep bank and Salvation nitch adjacent to Park Circle. 'It1e adjustment provides an adequate builrling site which will require little earthmoving. Submitted for pitkin C.ounty ~c "."i.te, Ron 'It1orrpso project Manager Rl'/jj xc: Bud Eylar, Public Works Director, pitkin County Cynthia Houben, County Planning SCHMUESER & ASSOCIATES, INC. 1512 GRAND AVENUE, SUITE 210 . GLENWOOD SPRINGS. COLORADO 81601 . (303) 945-5468 o o MElmRANDUH TO: City Attorney City Engineer FROH: Steve Burstein, Planning Office RE: Sunny Park North Subdivision Exception August 9, 1985 DATE: --------------------------------------------------------------------- --------------------------------------------------------------------- I I I I . Attached for your review and comments is an application submitted by Ron Thompson of Schmueser and Associates, representing Pitkin County, requesting subdivision exception for Sunny Park North to allow for a lot line adj ustment of 6,900 square feet of Lot 7. The purpose of this adjustment is to provide right-of-~Iay for the Park Circle LOOp Road to be completed without additional public cost for this land. Please review this material and return your referral comments to the Planning Office no later than August 26, 1985 in order for this office to have adequate time to prepare for its presentation before City Council on September 9, 1985. Thank you. I . . I I I I I -~--- - ..--- -- *-~. ._"--- -.- -..-- r I '. o o MEMORANDUM To: Steve Burstein, Planning Office From: Elyse Elliott, Engineering Officel}? Date: August 19, 1985 Re: Sunny Park North Subdivision Exception ------------------------------------------------------------------- ------------------------------------------------------------------- After reviewing the above application and making a site inspection, The Engineering Department has the following comments: We are concerned about the feasibility of Lot 7 being a viable building site. We do not want the purchaser of this lot to feel assured that it is a developable site just because it was sold by the County. This lot is impacted by steep slopes and is subject to slope reduction calculations as a P.D.D. It is also subject to 8040 Greenline Review which will address our other concerns such as inadequate water pressure, marginal access roads, possible soil instability causing mud flows or avalanches, and water runoff. There are some items that need to be included on the plat. We would like to see the areas that have a slope of 30% or greater and have the Park Avenue Loop/Park Circle connection shown. o o Ii J I I I Ii 'I I i i I kc( .~,--,,~...,.,.~t ; '.1 /~;;_-~_,1 .-- -::r -- "., ~. ~', ~!;..:" l'<'~,: . " ASPEN '..:, '. r 1 R DEPARnlKN'I' !, , MEMDRANDllH WI TO: FROM: SUBJECT: ALAN RICHMAN-PLAllNIliG JL'I KARXALUNAS WERNnlG CONCEPTUAL SUBDIVISION APPLICATGlNN LOT 3' SIJIJIt PAD: SUBDIVISION JANUARY 31. 1981 ),,'1.. "':. DATE: <,. ; - -:- ;'THi~p~~a application of twenty unita located diractly. scroea the road from :'.Tract.4 S\41!I1y.Park 1& in a marginal aervice area. As per my rec~ndat1oa p".., , '- ' " res'rdiDg Tract 4 Sunny Park Application (reference my lett~ of December 12. 1980 " .~bi~_~. att~ebe~) ..it 1& my redOllllmndation that the Werning appllcatiCl11. along ..tvttli'tbe ~rsct'14 'app1:l.cat1on. be required to intercollDect the 6" King Street fJJ~,,~ the 6" Mill Street liDe in order to illlprove pr..auru and flowa. . P~~~8 bQtl1theS8d~e1opera @nget .tq$,tb.e:.r..;mll ,Aq , ~hf e1.voril, 1 oaUr., ., AJJ ,.s8tat.~l'Lt d Ill' tl)~e~er qd'l.ltfer. if fa \ i"0I>0..l'!'~conuecir'1 ... .'cle'" 1- ~~r~f~~~6 ~~~~#~1~., :(orl~,t_~'~~~e :.~I t~i';,l~t~J~"'j'I"~ :1.;,:: "::,~.,:"'\r a tail ma.ill lr~ r,,:-:~ C:':L.':~0.. 'rh~r.-.,c\'l":, ','..}; co: '.~',)llj.d r"C ~":.1_i_;,"'~_llt. f: .. e:;i:(:~' of the afot'.~r.:~ nt j ':l:'..l::ll lin(;;:;. H,:)""l;.~~..'l'r, ~i.n,,'r: thi~' proJf'ct is 1 0::,::' t:.(: \'('t-y ;:-.:.';{}' a :,~,"giac11 ::;~rvict: ar{'a, ~:'ld ~i.nce t.he pruji'C't ";~'l!.~. 110 dO'JL~'~ L;"1\," :,'; ,id'J.:'r"iI.: (':t-('.::~~ (")"n ~~~C' c~:i.,:-rin:~ fa('1:1::':!,~ 'it 2~. i',:-- ~"~Cn,l;';_;, ~_:..n 1:1.:':. l:~,t:'- ,'1 19 ,":rr....cPo ,:~..~.-Iu:...q;.:~ ."".';l~ .::l:~ .~;. '~~O:ll:if,;.~'l' .If ~".;,~\'v..,! .. \\.;~'!'~ri. 1"1 ':t" ~:y" "'):' ~',il1g '~[!' ,:.... ~.~J :"i>_' G" ~i.::--.€ I I 01; :;,:,' ~:::. ~ i..: ~ . r(':' ; ~.l" ! : ~., I..'; l' '1 ~ , ~ ;"' : ! '," " ,,( ,i.:l"'- II.;; ':t ..: t '..' -:-,~' . ..' 7 . . : ,'.' 1 (' . ~ _ , , . _, _'C :!:'. .-:.,' '. .f"' _ ...I. . . ~; '-) : . . pt"> 1 : ..';;'. ':.1 .:,'['; '.I'.';'; : ..),.~ . I I I I Ii Ul(' .;I:;., : ~;:t (:!., 0:1:,,' ., :;. ~:!., 1 - ( ';, -', : ~ ;:. {.: ~ :':.,::: :.,; .. " ", '~., : 1"._ (', rcg<:n:-J.~!'.i', !:: : .'-, I" :-o,j c....: '. .. :: :'1 ',: ;'.1 ~ ,; , - 1':':" ;; 1 ~ .. :-'.'._:.... ~ t ...:. " ~ 1 : ,; , ~Vr.~er~::1 y, y ~ .7. / :; , , ..' i /" " /', /._../-;.-1_'- )' v!--(......c:Q.c.oj~___..,..p t, I. . '--.11m Vtr,.,~lcr:~:~.:: Dl-...1 . '. '. '.' ~ ~ j. ., "\ ~ .:': ' ;". - 'j't Cf.:: :'~.;:;i.~~li:IL ,i ;,:;..:....., I 1 ,I , . I . . ,~ . ". . Clrfy OF>ASPE~ 130 south galena street . .' asp e n :,.c 0 lor a d ~.;81611 '-~~ . ~.-I' . o.;._,.r-~ '. December 12, 1980 Hr. Jeff Costley .Archdeacon Ltd Box 884 'Aspen, CO 81612 Re: Tract 4, Sunny Park I' I I Dear Jeff: As per our discussion on 12-12-80, it i- my understanding that you wish to construct a 14-unit project consisting of 7 PMH and 7 free-market units and that said project will be located adjacent to an 8" maim in Gibson Avenue or a 6" main in Park Circle. Therefore, water would be availab].e from either of the aforementioned lines. - However, since this project is located very near a marginal service area, and since the project will, no doubt, have an 'adverse effect on the existing facilities, it is my recommendation that the Planning Office encourage you, as a condition of approval, to connect the 6" line on King Street to the 6" line on Neal Street. This is a rather short section of line .and would increase the reliability of service to the project, .as well as increase flows during peak periods of consumption. If the proposed interconnect is made, I see no problems for the Water Department regarding this project and would certainly recommend its approval. ;;~"w~. .,Lrkalunas Director Aspen Water Department cc: Planning Office' rylNEERS & CONSTRUCTORS July 3, 19!15 Ms. Cynthia Heuben, County planner Aspen,/Pitkin plannin;:J 130 South (",alena Aspen, Colorado fl1~11 Dear Cynthia: pitkin County is requestin;:J a subdivision exenption for the CentennialjM:>llie Gibson parcel for the creation of COIlIlUnity facilities (4-2-2(4)). 'Ibe County was the majority owner of the 25 acre site. Seventeen acres of this parcel was deeded to Centennial for a housin;:J project (Lot 1). 'lhe County is retainin;:J awroximately 8 acres for /oDllie Gibson park (Lot 2). Of this + 8 acres, the County is deletin;:J 6,900 square feet (Lot 3) in the southeast corner of lot 2 for the purposes of creatin;:J a new Lot 7 within the sunny Park North Subdivision which is within the City of Aspen. 'Ibe original sunny Park North Lot 7, was acquired by pitkin County to obtain right-of-way for Park Avenue Loop to serve the Centennial project. To recover its expenses, the County is adjusting the lot lines of Lot 7 within the City to delete 6,900 square feet for Park Avenue Loop right-of-way and add 6,900 square feet from /oDllie Gibson park known as Lot 3. 'Ibis new Lot 7 which is within the City, offers an inproved building lot with already existin;:J access from County Road 21, Smuggler /oDuntain Road. 'tted for pitkin County by Sc ese Associates RT/jj I . . I . I \ \ xc: Bud Eylar, Public Works Director Steve Burstein, City planner SCHMUESER & ASSOCIATES, INC. 1512 GRAND AVENUE, SUITE 210 . GLENWOOD SPRINGS, COLORADO 81601 . (303) 945-5468 I , o o f',r C i.d'! I I RECORD OF PROCEEDINGS 100 Leaves fl)llfll', C_F.HG(CHlB.B.Bl.C3. ORDINANCE NO. 24 (Series of 1984) AN ORDINANCE ANNEXING TO THE CITY OF ASPEN, COLORADO, A TRAC~ OF LAND LYING NORTHERLY OF AND ADJOINING LOT "7", SUNNY PARK SUBDIVI- SION WHEREAS, there has been submitted a petition for the annexa- tion of a parcel of land northerly of and adjoining Lot "7", Sunny I ..-r Park Subdivision, located in pitkin County, Colorado, to the City I of Aspen, which petition has been found to be in compliance with the applicable provisions of the Colorado Annexation Act; and I WHEREAS, the City Council has further considered the proposed I I I annexation as described in the petition for Annexation (herein- after "Petition") and accompanying plat and has determined that: 1. The signatures on the petition represent the owners of One Hundred Percent (100%) of the land proposed for annexation. 2. Not less than one-sixth (1/6) of the perimeter of the area to be annexed is contiguous to the City of Aspen. 3. There exists a community of interest between the tract to be annexed and the City of Aspen; the tract to be annexed is urban or will be urbanized in the near future; and the tract to be annexed is integrated or capable of being integrated with the City of Aspen. 4. The annexation will not affect the constitution of any existent school district. 5. The petition satisfies the statutory requirements of the Municipal Annexation Act, both as to substance and form; and WHEREAS, the Colorado Annexation Act provides that where' a petition is signed by an owner of One Hundred Percent (100%) of I I I the property proposed to be annexed, the City Council may, by ordinance, annex without notice or hearing (other than that inci- . o o RECORD OF PROCEEDINGS 100 Leaves fOIl" 'I c. f.I4D(nEl~. R." l. CG. I I I I I I . . I dental to ordinance adoption) and without election, and the City Council now wishes to so proceed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the following described tract, situate in pitkin County, .--' Colorado, be and hereby is annexed to the City of Aspen, Colorado, pursuant to the provisions of the Colorado Municipal ~nnexation Act: That parcel of land being a part of the southwest quarter of the southeast quarter, Section 7, Township 10 South, Range 84 West of the 6th Principal Meridian, Pitkin County, Colorado, being northerly of and adjoining Lot 7 of Sunny Park North Subdivision as shown on the plat recorded with the pitkin' County Clerk and Recorder in Book 3 at Page 52, said parcel being described as follows: Commencing at the northwesterly corner of said Lot 7, Sunny Park North Subdivision; thence along the northerly boundary of said Lot 7, South 42"29'00" East, 60.00 feet to the true point of beginning; thence South 67"27'17" East, 180.25 feet to an intersection with Line 5-1 of the Mascotte Lode, U.S.M.S. 5867; thence South 45"21'00" West, 79.23 feet more or less along said Mascotte Lode Line 5-1 to a point of intersection with the northerly boundary of Sunny Park North Subdivision and Lot 7 projected southeasterly; thence North 42"29'00" West along said northerly boundary and projection 173.66 feet more or less to the true point of beginning. Section 2 If any section, subsection, sentence, clause, phrase or por- tion of this ordinance is for any reason held invalid or unconsti- tutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 3 The City Clerk is hereby directed immediately (a) to certify and file two (2) copies of this annexation ordinance and the map of the Sunny Park North Annexation with the Clerk and Recorder of the County of Pitkin, State of Colorado, and (b) to certify and file one (1) copy of this annexation ordinance and the map of the 2 c o RECORD OF PROCEEDINGS 100 Leaves ,{lll.... t.'.HOECKrtB.B.Bl.eo. Sunny Park North Annexation with the division of local government of the Department of Local Affairs. Section 4 A public hearing on the ordinance shall be held on the /0 '#) day of ~~..1 pAJ , 1984, in the City Council Cham- bers, Aspen City Hall, Aspen, Colorado, 15 days prior to which hearin~ nntice of the same shall be published once in a newspaper .-- of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED published as provided by law of the City Council ~ of the City of Aspen on the /3 day of , 1984. ~. <~-_. William L. Stirllng ATTEST: Kathryn S. Koch, City Clerk this d~ day of ATTEST: Kathryn S. Koch, City Clerk 3 \--.. I I L- o o RESOLU'J'ION OF ~'lIE BOARD OF' COONTY COM~lISSIONEHS OF PITKIN COUNTY, COLOHJ\DO, G RAN'l'HG SUBD1V IS1 ON EXEMPTION APPRCV AL F'OH SUNNY PARK NOR~'lJ LO~' 7 AND nlE: Mor,r.Y G JJlI;(J!\I l'J\!II( J'M<CF;L Resolution No. 85- 83 T-i'HEREAS, at a regular meeting on July 8, 1985, the Board of County Commissioners of Pitkin County, Colorado (hereinafter "Board"), reviewed a request by Pitkin County for two subdivision exemptions as follows: ',r 1) a parcel of land in Lot 7 of the Sunny Park North Subdivi- 'sion; and' I I I I I . 2) a parcel of land, the Molly Gibson Park, located on Smuggler Mountain ; and WHEREAS, the Sunny Park North Subdivision Exemption was requested pursuant to Section 4-2.2(a) (2); the Subdivision Exemption request for the Molly Gibson parcel was requested pursuant to Section 4-2.2(a)(4) of the Pitkin County Land Use Code; and I I WHEREAS, the board recogniz es that these requests are of impor- tance to Pitkin County in order to provide the Molly Gibson parcel as a park for Pitkin County residents; and WHEREAS, the Hollie Gibson Park exemption will create a 7.93 acre parcel out of an original parcel of 24.951 acres; and WHEREAS, the remaining 17.041 acres is designated as land to be developed by the Centennial proj ect; tnd WHEREAS, the Board recognizes tnat the exemption for the portion of Sunny Park North Lot 7 is essential in order to retain the minimum lot size for Lot 7 of the Sunny Park North Subdivision; and WHEREAS, the exemption for Lot 7 of the Sunny Park North Subdivi- sion involves creation of a 6900 s. f. parcel of land to be taken off of the southeast side of the Molly Gibson parcel and to be added to Lot 7; and WHEREAS, the Board also recognizes that 6900 square feet on the west side of Lot 7 will be giflec' to the City of Aspen in order to provide right-of-way to the Hollie Gibson park via Smuggler Mountain Road; and WHEREAS, the County ~till dedicate a thirty (30) foot access easement to Lot 7 through Hie western edge of th€> Holly Gibson purcel. I I l o o Resolution No. 85-~ Page 2 NOW, TlJEREFO~f:, BF: IT IU:SOl.VHD by t.he Bovrd that it does hereby grant the'Lot 7 Sunny Park North Subdivision Exemption request and the Molly Gibson parcel to be created subject to the following conditions: 1. That the plat be recordf'd in the Clerk and Recorder's Office or Pitkin County, I lorac1o, following its review and approval by the County Att ~ney. APPROVHD by the Board at its regular meeting on July 22, 1985. By BOARD OF COONTY cormIssIoNERS OF PITKIN COUNTY, COLORADO ~--~ Tom Blake, Chairperson ATT Lew Scanlan, Deputy County Clerk RECOMMENDED FOR APPROVAL: Alan Richman, Planning and Development Director APPROITED AS TO FORn: .~~~~ Thomas F. Smith, County Attorney CH.42 I I I I CITY 130 asp ASPEN ~treet 81611 ." 20 MEMORANDUM ~.. ..'...".... DATE: August 27, 1985 TO: Steve Burstein FROM: City Attorney RE: Sunny Park North Subdivision Exception We have no comments, except to note in our brief review of the application that it appears to fall within the spirit of Section 20-19(a)(4) of the Code. PJT/mc ASPEN WATER DEPARTMENT MEMORANDUM TO: FROM: SUBJECT: DATE: STEVE BURSTEIN, PLANNING OFFICE JIM MARKALUNAS SUNNY PARK LOT LINE ADJUSTMENT SEPTEMBER 2, 1985 We have looked at the Sunny k lot line adjustment and see no problem in regard the the specific problem of water availability. Although the pressure in this area will be lower that in town, it should be improved due to the addition of the Rubey and Centennial looping. JM:ab "'"" '</ HAND-DELIVERED -." " pitkin county 506 east main street aspen, colorado 81611 Paul J. Taddune, 130 South Galena Aspen, Colorado Esq. Street 816ll April 9, 1985 FE: Sunny Park Annexation (Aspen lA)/Water Rights Deed Dear Paul: Enclosed herewith is an original executed Quit Claim Deed for water rights from the County to the City in connection wi th the referenced annexation. The Deed form was drafted by Robert F. Wigington, Esq., and forwarded to the County by his letter dated September 19, 1984. Also enclosed is a copy of the County Ordinance approving the execution and delivery of the Deed. Please let me know if you require anything further in this matter. Very truly yours, ~}y Assistant County Attorney GSE: cd Enclosures cc: Robert F. Wigington, Esq. Bud Eylar, Public Works Director Glenn Horn, Planning Office Lew Scanlan, Deputy Clerk & Recorder Recorded at 10ck _ M., .. .;<-'.... " ..t' Reception No. Recorder. THIS DEED. Made this between 1st Apr il .1985. day of BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO a home .ru1 e. countv d d .. d db' f h I R-~~atlly orgaOlte an eXlstmg un er an y virtue 0 t e aws of the State of Colorado. of the first part. and CITY OF ASPEN, COLORADO whose' legal uddl'e~!; i:-: 130 South Galena Street of the City of Aspen Countyof Pitkin State of Colorado, of the second part, WITNESSETH. That the said party of the first part, for and in considera- tion of the sum of Ten and not 100------------------------------- ($10.00) ------- DOLLARS. to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, hath remised, released, sold, conveyed and QUIT CLAIMED, and by these presents doth remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, its . ...heir.s...aJJd assigns forever, all the right, title, interest, claim and demand which the said party of the first part hath In and to the following described real property situate, lying and being in the County of Pitkin and State of Colorado, to wit: All vater and vater rights, ditches and ditch rights, veIls and veIl rights, spring and spring rights, reservoirs and reservoir rights, appur- tenant to or used on or in connection with the following property: That parcel of land being a part of the southwest quarter of the southeaet quarter, Section 7, Township 10 South, Range 84 West of the 6th Principal Meridian, Pitkin County, Colorado, being northerly of and adjoining Lot 7 of Sunny Park North Subdivision as shown on the plat recorded with the Pitkin County Clerk and Recorder in Book 3 at Page 52, said parcel being described as follows: Commencing at the northwesterly corner of said Lot 7, Sunny Park North Subdivision; thence along the northerly boundary of said Lot 7, South 42029'00. east, 60.00 feet to the true point of beginning; thence south 67027'17" east, 180.25 feet to an intersection with Line 5-1 of the Mascotte Lode, U.S.M.S. 5867; thence south 45021'00" west, 79.23 feet more or less along said Mascotte Lode Line 5-1 to a point of intersection with the northerly boundary of Sunny Park North Subdivision and Lot 7 projected southeasterly; thence north 42029'00" west along said northerly boundary and projection 173.66 feet more or less to the true point of beginning. 'ft~.8-84;FM~~.w.Q;I_ TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of said part y of the second part, its tTe1.TnnTd assigns forever. C t oun'ty IN WITNESS WHEREOF, The said pf!rty of the first part hath caused its ee1"pot"at-e name to be hereunto subscribed by its Chairman 1.>~t., and its~~.i~ seal to be hereunto affixed, attested by its Clerk ~M-P~ t and year first above written. Attest: Board of County Commissioners of Pitkin County, Colorado .-- ,) It... ilL~ Deputy Clerk .s~u,"- By Chairman of said Board .....cruidCIIJ.. STATE OF COLORADO } ss. __County of PITKIN The foregoing instrument was acknowledged before me this 1ST day of APIUL 19 85, by as Chairman of the Board of County Commissioners ~ of Pitkin County, Colorado; Clerk of the County. OM Presid.-nt...."d 'ICM BLI\KE -8ee1"et-a!'Y-of-r I 8/4/87 ~~~M~ I My notarial commission expires ~ Witness my hand and official seal. Z - .. I ~ ~,wi ~~~r:::;;PubH' I _=_ -c=c--'-c=-=-cc-===c.:=:=_=-:.---------c--==~.-,,:=_=___:_==- ---:-====-=1 and by LEW SCANLAN No. lOS-B. QUIT CLAIM DEED.-CorpoRtion Form-- Bradford Publishing Co., Denver, Colorado -11-79 I I I I, II I 4. '"" , , ORDINANCE NO. OR-21 Series of 1984 AN ORDINANCE AUTHORIZ ING THE DISPOSITION BY DEED TO TilE CITY OF ASPEN OF HATER RIGHTS APPURTENANT TO REAL PROPERTY ANNEXED BY THE CITY OF ASPEN ADJOINING LOT 7, SUNNY PARK NORTH SUDDIVISION AND REQUIRING THAT THE vTATER RIGHTS DEED BE AVAILABLE FOR PUBLIC INSPECTION DURIllG REGULAR BUSINESS HOURS AT THE CLERK AND RECORDER'S OFFICE UNTIL THE EFFECTIVE DATE OF TIIIS ORDINANCE WHEREAS, the City of Aspen, Colorado, has annexed certain real property owned by the County of pitkin, Colorado, which property is more fully described on the attached Exhibit "A;" and WHEREAS, the City requires the transfer to it of water rights appurtenant to any land annexed; and WHEREAS, the' Boa r d of County Commissioner s of Pi tldn - County, Colorado, has determined that it is in the best interests of the County that the real property be annexed and appurtenant water rights be deeded to the City; NOW, THEREFORE, BE IT ORDAINED: That the water rights appurtenant to the annexed real property be deeded to the City of Aspen, Colorado, by Quit Claim Deed in a form identical to the attached Exhibit "A;" that lhe Chairman of the Board of County Commissioners of Pitkin County, Colorado, be authorized and directed to execute and deliver a Quit Claim Deed to the City upon the effective date of this Ordinance in a form identical to the attached Exhibit "A; II and 1 ~ ,~ """ cr.., -----c,_ .-... ,..", that true and correct copies of Exhibit "A" be available for public inspection during regular business hours at the Clerk and Recorder's Office from the date of first reading until the effec- tive date of this Ordinance. FIRST READING AND SET FOR PUBLIC HEARING ON THE 27TH NOVEMBER , 19~. SECOND READING, PUBLIC HEARING AND ADOP'l'ION ON THE DA Y 0 F DECEMBER 19 84 , - DAY OF 20'lli FINAL PUBLICATION ON THE 27'lli DAY OF DECEMBER , 19~. BOARD OF COUNTY COMMISSIONERS A~ OF PITKIN COUNTY, COLORADO ~ Lew Scanlan eo}, Chairman Deputy Clerk & Recorder. APPROVED AS TO FORI.I: 2 r" ~ r "' '"'i.'ha Aspen Times - v Box E Aspen, Colorado PROOF OF PUBLICA liON STATE OF COLORADO ) ) ... County of Pilkin ) Copy of Notice r ~~t';;~ J!f/kttt'tffft1.f; ORmNANCE NO. OR-21 Storil's <<1984 AN ORnlSANr:r. AUTHORIZING TilE DlS. P(ISITIIIN BY IIE~;n T(I TIlE ('ITY OJ" AS!'....N CW W.\H:K 1(f(;IrI~ AI'I'I :n-I'ENANTTO Kt',\L I'KOI'~;RTY AN.'~H;Xfo;n lIY 'I'm; CITY '01" ASN:~ All,JOI:'\If',;1; I.OT 7 SONNY PARK NOKTII ~H;lIhIVISloN ANn REQIIllusG TlfAT THE WATEH Rltill1~ m:~:n 1I~; AV!\II~ ABI.E FOR l'l:loI.JC INSPECTION {)lIRING Rt:(;UI.AR8l~~I:\":SS I!(ICRS AT Tin' CLFRK ANU RECORUr:R'S OHICr. UN'fll T'HE E........:CTIVE DATE 0,," TillS ORDINANCE WHEREAS" the City or Allpl'n, Colorado. has Annexed certam real property owned by the Cou,... t)' orl.'ltkin. Colorado. which property i!4 mo~ rully descn~ on the attached Exhibit ~A;" and WHEREAS, the Board or County Commi~ion_ ers of .PI.tkin Coun,ty, Color;ido, has dptennined thAt It IS In the best IRlert'litsoftheCountv that the I'!al property hf. 3nnPll;ed and appurtenant water nllhts be deeded to thl' City; _" NOW, THEREFORE, liE IT ORDAINED: That the water righhi appurtenant to the annexed real propertv he d~ed to the City or ~5pe"" Colorado, by Quit Claim Deed in a ronn IdentiCi'll to the attached Exhibit "A;~ that the Chal,nnan or the Hoard of County Commissioners of Pitkin Count)-, Colorado, be authorized and dln~cted tOl'Xl'Cull' and dl'hver 8 QUit Claim o...d to the .Clty upon the elTt't'tlve date of thi~ Ordi_ !,a~ce In a form idt'ntical to the alt;lched Exhibit A; and that trul'andcolTl'Ctropie!lofExhibit"AW hf. J!.vallable for public in.~pection durin~ regular buslnt'.!!.'! hours at the CIl'rk and Recorder's Office (rom the date or first readin/il' until the effective datt' or this Ordinance FIRST READING AND SJo:T FOR PUBLIC HEARING ON TIfE 27TH DAY OF NOVEMBER, 1984. SECOND READING, Pi mLle HEARING AND Af?OPTION ON THE 20TH DAY OJ.' DECEM-- BER. 1984. Jo"INAL PUBLICATION ON THE 27TH DAY Of DECEMBER. 1984. BOARD 01-. COU!\'TY COMMISSIONER.,) 0J0" PITKIN COPr.,.y, COWRADQ ATn:ST: By: Michl-el Kinsley, Chairman Lew &:anlan ~pUlv CI..rk & Re('Ort!..r APPROVf:O AS TO Jo'OR~l: Thomas Fl'Rlon Smith County Attorney Published in the Aspen Times December 21. 1984_ I, William R. Dunaway do solemnly swear that I am the Publ i sher of THE ASPEN TIMES; that the same is a weekly newspaper printed, in whole or in part, and published in the Counly of Pilkin, State of Colorado, and has a general circulation therein; that said newspaper has been pub- lished continuously and uninterruptedly in said County of Pitkin, for a period of more than fifty.two consecutive weeks next prior to the first publication of the annexed legal notice or advertise- ment; that said newspaper has been addmitted to the United States mails as second-class matter under the proviSions of the Act of March 3, 1879, or any amendments thereof, and that said news- paper is a weekly newspaper duly qualified for pUhlishing legal notices and advertisements with the meaning of the Jaws of the State of Colorado. That the annexed legal notice or advertisement was published In the regular and entire issue of every number of said weekly 1 newspaper for the period of consecutive. insertions; and that the first publication of said notice was in the issue of said newspaper dated December 27 the last publication of said notice was in 84 d A.D., 19 ~ an that the issue of said news- paper dated A.D., 19_ Subscribed and sworn to before me,. a nolary public ;$/ in and for ty of Pitkin, State of COlorV this . A.D.,I~ . day of My commission expires r'"~"" . ";<. '~~~~~;,,_ /'~~:':;/;*""~_. .-/).".-"...."",1=.._.~; :~""'- /J :"?(\~~'}-~;'<!(-'''::'':;'' __(,'.~~/f'i~?;;,:....~~:,";.;;,;{~-~"';,o,::,;:~_,,,:;;,~r;1I;., ',' /1' v'''.7~ .. ?-IATyc-". .....,~,,*',.?~~ t '~', " .~r~:h.,~:;,:,'-'::; 1'..'- I II Iii Ii I: il Ii ~/II M~.. n. .! - 4 I. ( , ~ -L1l ^ -li.:Lft~- .-- L--- ~ ,'I _' I': -111 aj)"~L-/ ^('u~ I;.;~ " Ii !i Iii . fJ u-plh-p;i'; ... t~Lfdwl rtd~~~cf:' . -;1; v~, It~ /'1 \ , V[Aip< c(J1 . , "{i '> , .J, -- l~~/ I I Iii. ,> 'I II .. " - / / '- ~ CASELOAD SUMMARY SHEET PITKIN COUNTY 05DA CASE NO. oJ1f$/}' 81 STAFF: PROJECT NAME: SJr1I'(j /;:U"{ ;jl.7r'f.h APPLICANT: 7?(JL.J../ .1'-._ &1.AALsL.(~. . 'I V REPRESENTATIVE: Ilt. L13-1!.J j .' i5viryfjd/<;lffil ,.. . r'k~:~,Q~ (j Phone: . Phone: TYPE OF APPLICATION: (FEE) I. GMP/SUBDIVISION/PUD (5 step) 1- General Submission ($2,800.00) 2. Detailed Submission ($1.830.00) 3. Final Plat ($ 700.00) ~ II. SUBDIVISION/PUD (5 step) l. General Submission ($1,690.00) 2. Detailed Submission ($1,400.00) 3. Final Plat ($ 700.00) ~ ~ III. ~ING (2 step) ($1,260.00) IV. SPECIAL REVIEW (1 step) ($ 700.00) V. SPECIAL APPROVAL (1 step) ($ 700.00) /' l. Employee Dwelling Unit (No Charge) . 2. 1041 Hazard Review L- 3. Other: <;~'-":J 't./....----x'~~j~ P&Z MEETING DATE: BOCC MEETING DATE: DATE REFERRED: REFERRALS: _____County Engineer _____county Attorney _____Building Dept. Environmental Health _____Housing Director Fire Marshall _____Aspen Consolo S.D. Water District _Colo. Div. of Hwys (Glenwood) Colo. Div. of Hwys (Grd. Jctn) _____Mt. Sopris Soils _____State Planning Office U.S. Forest Service _____County Manager _____County Envir. Coord. School District Snowrnass Village _Aspen Water _____Holy Cross Electric _____Colo. Geologic Survey Division of Wildlife Div. of Water Resources Fed. Aviation Admin. ~ocky Mtn. Natural Gas ~ountain Bell ____Trails Director Other: Water Conservation Board Other: . FINAL ROUTING: DATE ROUTED: _____County Engineer _____Building Dept. _____Environmental Health _____County Attorney ~ousing Director Environmental Coordinator Other FILE STATUS AND LOCATION: ~ . ...., ~. ~ ! .( ~. ( . ~~-,.<" ~t,-y.J'?F _ - . Aspen/Pitk:\~;:~~!~~ing OffIce ~H"~ .~ "~'f~ 13 0 so:iJ:tJ!~'~11t~~~ t r e e t aspe~, ':o<I~Ya"-,tro.'" 81611 ~~, ~- ;~ October 18, 1984 Patrick Dobie Pitkin County Engineer Pitkin County Court House 506 E. Main Street Aspen, CO 8~611 , ., , :~ ,I. j Dear Pat: ;;- :t Two additional items of information regarding the Sunny Park North subdivision exception and subdivision exemption applications are required. As indicated in our October 3, 1984 correspondence, the City requires application fees to be submitted with applications even if the applicant is requesting that fees be waived as is the case with the subdivision exception application. The fee is $680. As I also indicated to you in my October 3, 1984 letter, you must provide us with a plat for the subdivision exemption application which depicts the parcel for which you are requesting a subdivision exemption. It should depict the parcel being subdivided and the granting parcel. Please provide the Planning Office with this additional information as soon as possible. We are anxious to schedule the review of these two applications. Sincerely, bL~ Glenn Horn Planner cc: John Eldert Bill Tuite Alan Richman . , , . , , ."",,,. ." . pitkin county 506 east main street aspen, colorado 81611 HEHORANDUH I 10: Glenn Horn, Planning FIDH: Ron Thorrpson, Assistant County Engineer _..~-'-' --_.~--_._..._~-- DATE: October 11, 1984 RE: 8ubdi vision Exception - S=y Pcu:k North Lot 7 Per your letter of October 3, 1984 I have attad1ed: 1) Proof of ownership 3) Subdivision Exreption plat shCMing existing acress to Lot 7 4) Please be aware a driveway from County Ibad #21 Smuggler l-buntain Ibad is existing to the new Lot 7 5) Pat Dobie apparently is not interested in forwarding the $680 fee to be waived. , .... .". . '. pitkin . county 506 east main street aspen, colorado 81611 Septeni:er 20, 1984 GleIm Horn Aspen/pi tkin Planning 130 S. Galena Aspen CO 81611 rear Glenn: Pi tkin Countcy is requesting a subdivision exception for 6,900 square feet of Lot 7 of the Surmy park North Subdivision. 'Ibis parcel is to l:e used for oonstruction of Park Avenue Loop. 'JlJe Countcy will l:e adding 6,900 square feet from the Southeast corner of the Centenrti:al MJllie Gibson PaD< property to retain the lot at its original size. The added 6,900 square feet will l:e annexed to the Ci tcy in the existing zoning of R 15A PUD. 'Il:1e parcel will not l:e lar<}: enough for a lot spli t, there will l:e no increase in densi tcy as the lot will l:e restricted to a single family house. A thirty foot access easerrent f= Countcy road nl.lllber twentcy-one (21), Smlggler }tJuntain Road, will provide access through MJllie Gibson Park to Surmy PaD< North Lot 7. 'l11e driveway from the Countcy road- to the lot line will l:e constructed by the Countcy as a part of the M:lllie Gibson PaD< construction. 'JlJe Coun:t:y purdJ.ased Lot 7 to aD:J.uire necessazy right-of-way to build PaD< Avenue Loop. 'lb reoover its eJ<PCIlses the Countcy wishes to adjust lot lines and resell the lot. The adjusted lot provides a l:etter building lot and reasonable access, As is, Lot 7 is inaccessible l:ecause of the steep bank and Salvation Ditdl adjacent to Pa:rk Circle. 'JlJe adjustrrent provides an adequate building site which will require little earthnoving. As a local public gove:rnrrent, we are requesting the fee l:e waived. Sincerely, Patrick Dobie Countcy Engineer PD:sb , . .' . '. pitkin . county 506 east main street aspen, colorado 81611 MEMORANDUM 'ill: Glenn 80m Jay Hanrrond FroM: Ron 'Ihonpson DA.'lE: Septerrber 20, 1984 RE: Sunny Park North Lot 7 ; t Attached for your preliminary review are IlEIIDS and maps for the SUnny Park North Lot 7 lot line adjustIrent, subdivision exception and el<eItption and city annexation. Please review and retum ccmrents to DE by Tllesday norning. If I do not hear fran you then I will forward the forrral application. Thanks. , II! ~ ~~U~_l~L <'-","'LIT" AT ~1l"SU" "AT" 3 14 ...'......'T......TSHOr."-........TIl 9 14 ::OOE 0012 5 097 J6 7 ......... _. _-,H"",O'" ..sc..ow C"A.U.lI: 10 11 12 FIRST SPECIAL CHARGE (CREDIT) SECOND SPECIAL CHARGE (CREDIT) T"~. ......OUNT lUll.2 16 $1,446.75 ALTA OWNER'S POLICY - Amended 10/17/70 CS/mlp Order No.: 11789.C-3 TV,.. ......OUNT 17 110.1 18 $1,750.00 SCHEDULE A 8 $2,893.50 IlKT"'" WO'''''C cH.....al: .; 13 THIRO SPECIAL CHARGE (CREOIT! T"I'. ...\1 ,;:{ 19 A5,H.4' /:</ /~/ / f' ..) Policy No.: 0 538413 Date of Policy: Hov..ber 8, 1983 .t 8100 .... Amount of Insurance: $1.500 ,000,00 1. Name of Insured: THE BOAllD OF COUN'l'!' C<JolMl:SSIONnS.\':1'InDl COOliTT. COLOIlADO 2. The estate or interest in the land described herein and which is covered by this policy is: Fee S'1mple 3. The estate or interest referred to herein is at Date of Policy vested in: THE BOAllD OF COUNTY ca4HISSIONERS. PITIDl' WIllUl. COLOlADO 4. The land referred to in this policy is described as follows: See Exhibit "Au .tteehad hereto. A1JTHOR.IZED COUHTERSIGNATURl!: --- -...-.... Page 2 CO?Y FOR ISSUING OFFICE STEWART'l'I'l'LE OUA-RANT'l' COMPA.NY ~-----_.- ~ . cil789'''C:;'''' eo)", ./ I Attached to and made a part of Stewart Title Guaranty Company Policy No. 0 538413 Continuation of Schedule A, No. 4 ~B~"At' Phase IV A Parcel of land aituated in the NWlf4 of the SElf4 (alao known .. Lot 17) of Section 7, Township 10 South, RJmjte 84 Veat of the 6th P.M.. Pitkin County, Colorado, being IIOre fully described aa followa: Beginning at a point whence a 19S4 Brua Cap set for the center quarter corner of said Section 7 bears: N. 19\5'08" II. 250.79 feet; thence S. 88-48'36" E. 139.00 feet: thence N. 01-02'42" E. 235.09 feet: thence S. 89-03'12" E. 34.61 feet; thence S. 87-59'39" E. 52.99 feet; thence s. 34~8'2S" E. 656.71 feet: thence s. 24-04'01" V. 24.43 feet; thence s. U-38'16" V. 30. eet; thence S. 00-01'17" E. 9 .02 feet; thence S. 07-02'15" V. 6.98 feet; thence S. 00-15'08" V. 6.62 fe t; thence S. 17-24'18" E. 1 .10 t; thence S. 06-35'21" ll. 49. eet; thence S. 17-05'IT' E. 27.83 feet; thence S. 61-04'02" E. 76.60 feet: thence S. 5r.!7'00" E. 93.33 f....t; thence S. 47-37'25" E. 89.70 feet; thence S. 40-28'10" E. 59.52 feet; thence .. 88-5S'29" V. 111.16 feet; thence 5. 54-34'5S" V. 64.87 feet: thence 5. 89-25'42" V. 98.00 feet; theuee 5. 81-23'42" V. l83.42 feet; t:J1....... II. 63-44'45" V. 168.04 feet; theDee S. 89-57'22" V. 304.34 feet; thence 5. 78-25'15" E. 15.66 feet; theDCe II. 00-40'00" E. 54.30 feet: th""""ll S. 89-20'00" E. 125.00 feet; thenc:. B. 00-40'00" E. 88.00 feet; thence S. 89-20'00" E. 74.00 feet; thence K. 02-38'00" V. 60.10 feet; thence H. 89-20'00" V. 27.40 feet; thence II. 00-40'00" E. 170.82 feet; t:beDca S. 86-53'00" V. 83.61 feet: thence S. 62-31' 44" II. 96.07 feet; thence II. 89-20'00" V. 103.01 feet: thence Il. 00-53'55" E. 42.93 feet; thence 5. 86-53'00'. E. 43.89 feet: thence R. 00-30'00" E. 101.89 feet; thence ll. 89-30'00" E. 46.67 feet: thence J!:. 00-30'00" E. 480.00 feet to the Point Of Jlegimdn&. , Page ~ AGENrS FILE COPY STEWART TITLE OU.......NT'I' COM rANT i- " AttJched to and n,"de a part of Stewart Title Guaranty Company Policy No. 0 53~13 Continuation of Schedule ^, No.4 r:XHIBlT "A" (continued) Less and except that certain Parcel described as foll~s: A parcel of land situated in the Southeast 1/4 of Section 7, Tovnship 10 South, Range 84 West of the 6th P.M.. Pitkin r~unty. Colorado, being acre fully ~scribed as follows: Beginning at a point vhence a 1954 Rraa8 Cap set for the center 1/4 corner of said Section 7 bears !{ 19-15' 09'. II 250.79 feet: Thence S 88-48'36" E 139.00 feet: Thence S 01-02'42" II 316.81 feet: Thence N 66-46'36" \l 135.99 feet- Par 1 [l 175 at Pase 168. ~~llie Gibson U.S.M.S. . . 428 aa described in Patent recorded in Book 175 at Page 171. Patent recorded in Book EXCEPTL'lG PROM said Lone Pine U.S.M.S. No. 1910 A.'l and Uollie Gibson U.S.M.S. No. 4281, that portion thereof described in the following Deeds recorded in Book 185 at Page 492, in Book 197 at Page 82. in Book 206 at Page 234, in Book 206 at Page 301, and in Book 215 at Page Ill. Emraa n.s.lf.s. No. 2120 as described in Patent recorded in Book 28 at Page 1. EXCEPTING PROM said ~ U.S.K.S. No. 2120 that part thereof lying Northeasterly of the South end line extended of the SIougg1er, U.S.H.S. No. 1656. Pan:el E All that part of Lot 17, Section 7. Townahip 10 South, Range 84 Weat of the 6th P.K., lying Northerly and ~..terly of the Salvation Ditch and Southerly and Westerly of the Della S-~ler Compt'Olllise Southerly End Line as described in Deed recorded in Book 97 at Page 80 and all of Lot 17 in Section 7, T<Mlahip 10 South. Range 84 \leat of the 6th P .H. lying Northerly and Easterly of the Tract conveyed by instrument recorded in Book 131 at Page 425. , EXCEPTING nreREFROM any portion of the bIoa Lode Mining Claim U.S.M.S. 2120. 2B Page _ AGENT'S FilE COpy STEWART TITLE OUARANTY COlCPAI"IY ~ cOltNYifnc~~n 20J.A. T ~ Ln , , " Attached to and made a part of Stewart Title Guaranty Company Policy No. 0 538413 Continuation of Schedule A, No. 4 Exhibit "AU (contin....d) Parcel F A part of Section 7, Tovnahip 10 South, Range 84 Vest of the 6th P.M., lying within Tract A of Eaat Aspen Toornsite Addition and described .. follows: Beginning at C~r No. 10 of aaid Townsite Addition, which point 18 on the Westerly ai.d. line of the Banry Clay Lode Mining Claim; thence S. 34-47'43" '11'. along the ~st.r1y aide line of said Clay Lode, 131 feet; thence S. 66-09' E. 418.75 feet to a point on line 48-1 0 d Townaite Addition vhlch beara: R. 37-48'15" E. 312 fee~comer . 48 thereof; tbeace N. 37-48' IS" E. 1186.12 feet to corner . 1 f said Taite Addition; th..n<:'A trllYaraing the per!.eter of Bite tion .. follova: S. 56'll6')4" V. 400.25 feet to Corne !lo. 2: R. 33-53'17" W. 160.8 feet Corne Bo. 3; s. ]a-Ol'13" W. 50.6 f to er o. 4; lit 55-12'lr W. 158.4 f et to Corner S. ]4-47'43" W. 285 f to r Ko. 6: S. 55-12'17" E. 50 feet r No.7: S. 34-47'43" '11'. 20 feet to er No.8; N. 55-12'17" W. 50 feet to Corner 110. 9; S. 34-47'43" W. 453.7 feet to Corner Bo. 10, the Point Of J!e&inn1ng. I I I EXCEPTDIC.FRQ{ tha above described Tract of land in said Tract'" of r.aat Aspen TCMlaite Addit:1Dn that portion thereof described in the Deed recorded in Jlook 208 at Pas- 262, in Book 275 at Page 112, IlDd in Book 279 at Page 10. Leaa aDd ezcept that certain parcel as de8cr1bed in Lease and OptiOll Agrll !nt be~ Top of Aapeu. IDe. and Slnu1.ar ~t Club, IDe.. recorded in JIoolt 344 at Paga 388 and ~e part1c:u1arly described as follon: A tract of 1aDd attuat_ ill the $EI( of Section 7. Tow.hip 10 South, 1laDge 84 W..t of the 6th Princ:1pa1 Her1d1an, Pitkin County, Colorado. Said tract 18 part of Tract A. Aapeu Township AdditiOll and 18 IIOre fully 4eacrlbed aa follova: !e&iDnin& at <:.(>.=C 110. 5 of aaid Tract A; Tbenc:e S )4-47'43"V 285.00 faet along line 5 6 of said Tract A to c:omer 6 of aaid tract: Tbenc:e S 5.5-12' lr E 50.00 feet along ~e 6 7 of said Tract A to coraer 7 of aa.1d. Tract; TbeDce S )4-47'43" 'II' 20.00 feet alona line 7 8 of aaid Tract A to corner 8 of aaid Tract; Thence K 5S-12'17" V 50.00 feet along Line 8 9 of aaid Tract A to corner 9 of aaid tract; Page ~ AGENT'S fiLE COpy STEWART TITLE OO'AIU.JIfTl' caMPA"T ^'._~._-'- ~ crt1~'ol:~~m 2OJ.A.T If, 8J Attached to and made a part of Stewart Title Guaranty Company Policy No. 0 538413 Continuation of Schedule A., Ro. 4 Exhibit "A" (cont1~) 'IbeDce S ]4-47'43" V 171.25 teet _1001 line 9 10 of ea1d Tract A to the _at IIOrtherly corDer of Alpine Acre. Subd1.rlaiOll; TbaIce S 48-50'17" E 411.65 teet _long the DOrtberly boundary of ea1d sub- diYision to _ point OIl l1na 2 3 of the Holtle Cibaoa Lode, H. S. 4281 Ala.: tbeDce 11 37-49'07" E 467.S5 teet _loog said line 2 3; tbeDce 11 43-54'35" V 280.81 feet to corner 4 ~ aaid Tract A: Thence. SS-12'IT' V IS8.40 feet aloD& liDe 4 5 of said Tr~t to the point of beg:1nn1ng. County of PitJdu, G .-~j.. :, :~. , '.L}{R~:~ ~ :~':_~" . . .' STEWART TITLE -.,.;. 'GIJ.a...a.IfT1' CONP.a.Jf1' . Ar.!:C'...Tt~ 1:11 C' f':rIPV 11789 C-3 ~ "'_.'."/ f!Ji SCHEDULE B Policy No.: o 538413 This policy does not insure against loss or damage by reason of the following: I. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the publ ic 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. raxes for the year 1983 and thereafter, and any special assessment or charges not yet certified to the office of the County Treasurer. 6. The effect of inclusion in any general or specific vater conservancy, fire protection, soil conservation or other district or inclusion in any vater service or street improvement area. 7. Right of the Proprietor of a Vein or Lode to extrac should the same be found to penetrate or intersec as reserved in United States Patent recorded Dece 55 at Page 116 as Reception No. 67875. and remove his ore therefrOtll, e premises hereby granted, 24, 1902 in Book 8. Reservations as aet forth in the vari follows: A. That the prelll1ses gr t d with the ex tion of the surface I118Y be entered by the proprieto any other...e . lode or ledge, the top or apex of lies outsid the boundary of the granted premises should the S8IlIe s dip he fo 0 penetrate, intersect or extend into said granted pr lieS for the p se of ext:racting and removing the ore frOll such other ... ,lode or ledge. B. That the p ses granted shall be subject to any vested and accrued vater rights for sini'1g agriculture, ll8I1ufacturing or other Purpo8es and -rights to d1tches and reservoirs used in connection with such vater rights as aay be recognized and acknowledged by loeal lava, CWltollls and decisions of courts. C. That in the absence of necessary legislation by Congress, the Legislature of Colorado llI4y provide rules for working the premisee involving eas_nts, drainage and other necessary _ans to completl!! develop_Dt of the granted premises, .as set forth in PatenC'~ recorded Kay 20, 1949 in Book 175 at Page 168 as Reception No. 96344,and in Patent recorded Kay 20, 1949 in Book 175 at Page 171 sa Reception No. 96346. , 9. Right of vay for ditchea or canals constructed by the authority of the United States, as reserved in United States Patent recorded August 29. 1958 in Book 185 at Page 69 as Reception No. 106874. 1613 Page 3 STEWAH.'l'TITLE OU4RANTT COMPANY .,. ., .1 , ,I I .1 I Attached to and made a part of Stewart Title Guaranty Company Policy No. 0 538413 Continuation of Schedule B 10. Tertus. eonditiOWl and obligations as contained in agr~e_nt between eo.""nhoven Mining Transportation and Drainage Tunnel Company and The Bushwacker Hining Coorlpany reeorded Deeember 6. IS9<l in Book 80 at page 422 as Reeeption No. 39017. (affeet.. phase IV) 11. Tema, couditiona and oblit;ations as eontained in agreement betveen Cowenh.",.,n Mining Transportation and Drainage Tunnel eOl:lpany and The Della S Mining Company, recorded February 2. 1891 in Book 80 at page 580 as Reeeptiou No. 40272. (affects Phase IV) ~ 12. Tena.a, conditions and obligations as contained in c traet d agreement between Cowenhoven Mining Transportation and Dra age Tunnel any and the Pontiae Hining Campany, recorded Hareh 29, 18 in 114 t page 1 .. I!.eceptioa No. 46533. (affeets phas 'I I 13. in traet between Covenh<nen any and Theklcan..... Conaolidated ok 92 at page 66 .. Reeeption. 14. Tems. coaditiona and oblig a. set forth in Quit Cla1a Deed frea John R.. \/1111_ to DlIrid It.C. Ilrovn recorded Mareh 18. 1885 in Book 24 at p.ge 59 .. ieeeption No. 10059. 15. Tenla, c:oadit1Dcls, restriet1.cms and obligations a. ...t forth in ...---,t agr....--~ between Della S. Consolidated Kines Campany and J_. HarkalUDlLll and JI-. Harblanaa recorded May 18. 1954 in Book 207 at page 109 .. Ileception Wo. lln48. 16. T_, eaad1tioaa. r..trl.~t1oa. and obl1gation. a. aet forth 1n e.1HPlut ASrIT-mt betwMn Top of Aspen, Inc. aDd Tric:o tntematiClGal. Inc. recorded January 9. 1979 1n Book 361 at page 306 as Ilac:eptioo 110. 210659. 17. T_. concU.tioIte. obl1gation. and re.trietiona a. Mt forth 1n _._nt and qr~t betvee1l Top of Aspen, Inc:. and K1tc:bell Devel~t Corporation of The Sout~t recorded October 23. 1978 1n Jlool< 356 at pqe 952 .. Reception !la. 208525. (affecta parcel E and phase tv) - . 18. Reaet:vation of aec:ea. and utiUty a<<reement as ...t forth in Deed fre. Top of A8pen.. Ine. to II1tchell Development Corporat1.cm of The Soutlnlest reeorded Oc:tober S. 1981 in Book 415 at pale 372 a" bco!pUon No. 236145. (affect. pbue IV and parcel E) :1' 19. Teraa. c:oaditicma, retltr1eUona and obl1.ationa a. conta1Ded in agn nt between the JIoard of c-isaionera of the County of Pitk:l.n. and Top of Aspen, Inc. recorded Kay 26, 1971 in !look 255 at page 540 .. llecepUoa. No. 145818 3A. Page _ AGENrS fiLE COPY STEWART TITLE OO'AIl4"Tl' COMPA."Y ! I ; . - ) / Attached to and made a part of Stewart Title Guaranty Company Policy No. 0 538413 20. 21. 22. 23. Continuation of Schedule B and as ....J1f1ed or _nded by aettlesent agre_nt between the !oard of County eo.d.salonera of Pitkin County and .Jay R. ICuhne reecxded March 30, 1981 in Book 406 at page 294 .. hcept1Dn No. 231825. Tenaa, cond1t1oaa. oblipt1Dns and acr_uta .. lIet forth in Ileaolution Bo. 83-20. lIoard of County c-1as1onera of Pitldn County. Colorado. recorded Karch 22. 1983 in !look 442 at Page 320 .. Reception Bo. 248844.. %era., c:ond1t1ona and restrictions .. Nt forth in ..._t agr~t between Top of A8pen. IDe. and SUwr I:1ng Aasociatea, recorded ~9' 1979 in Book 361 at: Page 310 .. llecept10n Bo. 210660. (affeeta and Parcel E) Teras. c:on.d1t1ons. restrictions and obligations ~forth F..nrrrt A&r<< nt between SU~ I:1D& IDveablents. Ltd. County f Pitldn ncorded November 7. 1983 in !cook 455 155 ReMpt1.cm Bo. 2547n. T_. c:ondttiona~restrlct1ona and bU.at1 a.. t forth in '-1 nt rec>>rded BoI "'er 7. 198 lOok 45 at Pag 166 as Ilecept10n 110. 254775. 24. Jeservatiou of pe to and ~. aDd 1nata _ lIet forth in Deed recor Rec:eptioa Bo. 254780. , ~.:. "t" _be ~-r-at pendtting :l.Dgrus and egraas ~tie. to a parcel deacr1hed therein. 7. 1983 1a JooIr. 455 at Pap 194 .. , Page 2!.-. AGENT'S FILE COPY " " ~ ~t.:;;':;:' STEWART TITLE' :.:. OU....ANTI' COKPA.IfY ,'-<~>;'" .":,:-.,_.,.."';'..:,.,>,.-' ~ ""V""''','I .\../.., ..Iii ~"',.i"IO,ll'~1 PARK C 1'1C LE LOT .~ PITKII/ COUIITY e:: PURCIIASE RCQUISITIml EXCEEDHlG $5,000 Department: Road & Bridge/Engineering Vendor: , Approvill/D~te: Department Head Pod Head Manager (>$10,000) BOCe (> $25,000) .Finance Alpine Bank . '. c/o Mr. Hillinm Hodges 86 S. 3rd St. Carbondale CO' 81623 Ship To: Shipping Charges:. . 0 Prepay - FOB As pen [] Prepay - FOB plant [] Collect ~ Order to be executed by 0 purchase order, [] other - Iia contract, Special instructions for finance o Firm prices; notify of any price discrepancy o Invoice revie\~ required before payment approval o Construction contract: withhold final payment until advertised notice thereof and claims cleared per CRS, 1973, 38-26-107 [] Other - ~~'" ,,'''''t,.~'' "":'.. . .~)'1!! '" -'. - ", :,"'.:.-(,:'~:.f''''.':' ",c"" Quanti tv Unit Account Number Descriotion Pri ce Total . I I - Lot 7, Sunny Park $20,000.00 .. . I ~orth Subdivision : j Option to Purchase - . I - - , $78,302 payable il) 1984 to . close. i I I , , I I ... I , -' ; .lUrtm:mt:-.R~ b eN" ~.{) / t=-/'JC. 11'1(= ~ K' "-\ C\ , "". S {J ... I r::"l . "''' 5 0 Project: MV')"JI...v ~'Do.CI ~ r~'t'\~E I . nucJ'TCt: I D ,00 ~ N pro;jcct CorrlJOOcnt: R.D,w r'th'lc... c. (C.k. Item nwkjet: 2.0, DO 0 Pre-Did - S()UTICr. SETEcrrCN: Indicate the method to bc uf;cd: Competitive Scalcd Bidding 3-202 ___ Multi-step Scaled Bidding 3-202(8) ___ Calp:ltitive Sealed Proposals 3-203 )<. Sole Source 3-205 -:... &ergency 3-206 other - Exerrpt frcrn procurerrent Code. 1-103 Nu:;- !\.\EGOT\A"'~G ':)V.,C.l-A r. '-- APProvAL: FINANCE POD , i, I: I Post-Bid. ~thoo Used: r\J"'_o+\a.t~/ Pl..lv~L,......_. '* Bid Results: Pv....c!.... P".r(' dO,OIl-.J 'if ..Q.", . "i'<;"; 00 0 i:;:f;::1 e..t. ~'-'C.... l\dvertiserrent for Bids cn1PLIANCE OlECKLIST Contractors Qualification Staterrent Power .of Attorney Proof of Publication Specifications Bid Sumnary ~er ; Ol'~ 1.)",,- (1"+.,,,. '- -l :f''''.... .I A"i1~ 1=', Ie) Requests for Proposals Instructions to Bidders Bid Fonn Notice of Award Bid Bond NarES: Qece\ \"1" location of D::x:urrents: 'lype of Contract to be used: _ IAmp Sum U:1i. t Price Stipulated sum Cost Plus Fixed Fee NOl'FS: Q,te",+.' OtA..r-... C"..{....vf- Suba::>ntract AIA Standard Fonn Purchase Order Only -.::::: .Other APProVAL: FINANCE PCO CDNl'RAcr - A ! ......, Vendor: P, N (2 ~I'\ N "'- 'lype of Contract Used: R ~ 0 - location: ~v\ A~, ~,~ CbntractAnount: ';+0.000 -l. 7\ 000. lldjustrrcnts or Corrections frcrn Did: ~ = '1 .; , D vv t ~( ,?I'J'> 'I ~/, 'A-L-'t,4- o " , \..t1I'LTNK:E CIlr:O':T.T'-1' , "'. , suprIF.M1'Nr AllY (;r.NERlII, C(l'lmTTON~:: Sped ficationz - D:!zcrlption of I~ork - IDeation - Bon'!!; & Insur1l1l~ - Contructors respennibili ty - Work by Others - CMlers responsi~ili ty - Omcrs status - Changes in 'work - Changes in Contract price - Changes in Contract TiIre - Warranty & Guarantee - Connection Flerroval or acceptance of refective work Suspension of work & termination Arbitration Jenedi.es - Method of Appeal -Other Insuran~ Tax EXClTl't Status - pinal Pilyncnt . - COl11!?letion Tirrc - Liquiclate<'l Damages - CMlers Representative - Safety Rcnuire."'C11ts . - Laws & Ordi=s ~Iaiver - Protection of Prcperty - Damage of Construction - Pre-construction conference - Bidder Experience - untried Pr=ess llond Special provisions Audi t & Inspection of Records 'Prc:hibited Interest - Equal Ertploynent Opport\.D1ity - l1inori ty Business Enterprises - Hold Harmless - Other AGREE!.1ENr OCCU!-1EN'I'S: l'.greeIren t - payrrent Bond - Perfomance Bond - Notice to Proceed - Adrendum Orrer Change Order. - Request for payrrent - r.1ethod of payrrent Other NOl'ES: Location of Docurrents: Joist cf. Att-rll-i'rr:~nt.s: APProvAL: Co\.D1ty Manager vi" Pod Head ~. ?J;;..J V~ Depa.rtrrent Head Finance " ~ , . . "'; I . I'. JII' ;~, r= ------ ~..~ , n. prlnt"d p..rllo,...tthl. r..r.... apprond by Iho , I$ Corondu Nu' r..t.lo Cumml..lOlllIHC 21-12.771 ...."'^' ~ For use In 8sle of VACANT LAND ONLY RECEIPT AND OPTION CONTRACT (VACANT LAND) June 7 19 _!!L RECEIVED FROM Jillin County Purch..er~ the sum of $_2.Q__O.o..Q....O_O in the form of ...c_aShieL~.....ch~k to be held by -ZUpine Ba.i:lk. r"rMndale. forrrerlv knQWn as Rn>lrin<r ~ s earnest money and part payment for the followinR' described real estate situate County of Pi t-ki n Colorado, to wit: in the lot 7, SUNNY PARK OOmH SUBDIVISION with all easements and rights of way appurtenant thereto, which property purchaser agrees to buy upon the tollowinr terms and conditions (or the purchase price of$ qC). noo. no . payable as follows: $ 20. 001L...D0 herebyreceiptedfor,$7'i.nnn nn plll" interest at 9% fran date of acceptance of tillS contract by Buyer to date of delivery of deed, payable at tirre of closing. ~.~ ~. I il I' _~i[~~ 1. 101 ~..7r~llI~ a current commitment for title insurance policy in an amount equal to the purchase price, at seller's ~xpen.e, shall be lurnished the purchaser on or before ?n rl"y" frrm rl"t.. of ""'"""pt-~~~~~,.ellerwill deliver the title insurance policy to purchaser after closing and pay the premium thereon. 2. Title shall be merchantable in the sell,r. except as stated in this paragraph and in paragraph 8. Subject to payment or tender as above provided and compliance with the other terms and conditions hereunder by purchaser, the seller shaH e~ecute and deliver a good and sufficient ~"';::Il warranty deed to said purchaser on :r~nll~'1' ' . 19~ or. by mutual agreement, at an earlier date, conveying said property free and clear of all taxes, except the general taxes for 19ID- payable January 1, 19..a.L and except those ma..tters of rP<Ylrrl ,,"rh as reservation.c: and exception.c:: easem>nts, rights of l'laY and** (ree and clear of all liens for special improvements now installed, whether assessed or not; free and clear of all liens and encumbrance~ '" **restrictians; ag:reell~ts ~ and subject to building and zoning regulations and the following restrictive covenants: SUl'UlY Park North Subdivision'restrictions or a:>venants, if any. '3.. General taxes for the year of closinK shaH be apportioned to date of delivery of deed based on the most recent lev,. an,) the most recent aneS9ment. Prepaid renh, wnter renh, sewer renh, and interest on encumbrnnces, if nny, .nd~V Park North Subdivision assessnents, if any; shall be apportioned to date of delivery of deed. *ance of this contract by Buyer " No..He 28-12.77. Rrwlp, aad Up'1oa ('ontr~l(Var.lI.t Lud~H,.d(lIrd l'ubli.hinll ('.4).. I~ll Htnul follr-t, I....nv..r. ('nln. t~7:1.I\OlH"'I.711 \~;I~ /I' " I~ Tht. hnur unl' "IIIt,(. fir ('lul'Iin..: I'Ihllllll(' II" 11(II'IiJ,cnuh'.' hy POl'lM"l'IMiun c.rl'rt.ltliMl'l'Il'Ihnll ht, ,h.livt'rl',1 tu ,HUThIlMI'run Seller January 2. 1984 .ubjj'ct In tlH' (ullowinJC it'lli'll'" fir It'nUnt'it'l'I: None 6. In the eVent the premil'le~ are 14uh14tantiully dl:l.maKed hy fire, flood or other CHHuulty between the date of lhi~ agreement nnd the date of po!CseMlIion or the date of delivery of deed, Whichever shall be earlier, thiM BJCreemenl muy. at the option or the purcha.er herein, be declared null and void "nd any depooit herein made ohull be immediately returned to purchaMer. 7. Time is of the essence hereof, and if any payment or any other condition hereof ill not made, tendered or performed as herein provided, there shall be the (ollowinK remedieli. In the event a payment or any other condition hereor is not made, tendered or perrormed by the purchaser, then this contract shall be null and void and or no errect, and both parties hereto released (rom all obliKations hereunder, and all payments made hereon shall be retained on behalr or the seller as liquidated damaKes. In the event that the seller rails to perrorm any condition hereor as provided herein, then the purchaser may, at his election, treat the contract as terminated, and all payments made hereunder shall be returned to the purchaser: provided. however, that the purchaser may, at his election, treat this contract as being in full force and effect with the right to an action for specific performance and dama~es. 8. Except as stated in paraKraph 2, ir title is not merchantable and written notice or derect(s) is given by the purchaser or purchaser's aKent to the seller or seller's aKent within the time herein provided for delivery or deed and shall not be rendered merchantable within 30 days arter such written notice, then this contract, at purchaser's option, shall be void and or no errect and each party hereto shall be released rrom all obligations hereunder and the payments made hereunder shall be returned rorthwith to purchaser upon return or the abstract, ir any. to seller; provided, however, that in lieu or correcting such derect(s), seller may, within said 30 days, obtain a commitment ror owner's title insurance policy in the amount orthe purchase price renecting title insurance protection in reKard to such derect(s), and the purchaser shall have the option orarreptingthe then existing insured title in lieu or such merchantable title. The seller shall pay the rull premium for such owner's title insurance policy, and the abstract, ir any, shall be returned by the purchaser. 9. Additional provisions: Purcl1aser, by the execution of this contract, hereby covenants and represents to the Seller that it has the full and lawful authority to execute and honor this contract, and accordingly, bind itself to this 'contract. 10. Ir this proposal is accepted by the seller in writing on or before Julv 11 instrument shall become a contract between seller and purchaser and shall inure to the successors and assigns of such parties. . 19...JU. this benefit ot the heirs, Purchaser pitkin A@QlX Vate County Board of County Ccmni.ssioners By: Purchaur Olainnan Date BrX Seller accepts the above proposal this day of ,19_~ ~ Alpine Bank, Carbondale By. President Seller Seller Purchaser'sAddre.. Pitkin County Conn-honse. 506 E. Milin St.. A."p"n, Co. 81li11 Seller'sAddre..~6 Highwav 133. (';,rbondale. Color'ldn 816;:>3 '" .' i, I' .' <,,'..' \0.....'" WILLIAM V. HODGES, 11/ A1TORNEY AT LAW .. BOUTJI THIRD 8TREET CARBONDALE. COLORADO '1.23 CI03tH3.3111 June 8, 1983 Mr. Patrick Dobie Pitkin County Engineer Pitkin County Courthouse 506 East Main Street Aspen~ Colorado 81611 Re: Lot 7, Sunny Park North Dear Pat: On behalf of Alpine Bank, Carbondale, I am enclosing a Receipt and Option Contract with respect to Lot 7, Sunny Park North Subdivision. Generally speaking, this contract contemplates $20,000.00 payable upon . Pitkin County's execution of this contract for an option to purchase Lot 7 for the total price of $95,000.00, plus interest at 9% on the balance of $75,000.00 from the date of acceptance to date of delivery of deed. I make reference to Sunny Park North Subdivision covenants and assessments, but to my knowledge, there are neither covenants nor assessments. I am enclosing a copy of our title policy and agree to provide you with a title commitment within twenty days of Pitkin County's acceptance, which I am assuming will contain the same Schedule B. I am also enclosing a proposed general warranty deed for your review. I am asking for acceptance on or before July 11, 1983, and would certainly hope that the matter could be concluded as soon as possible. If you have any questions or comments, please do not hesitate to contact me. Sincerely, ~ William V. Hodges, III WVH/jc Enclosures . '. . , j 'I i '4'" ('" ......- l~ U-'iIFE TITLE INSURANCE Comp<Jny of D<Jllas ~=-' Owner Policy of Title Insurance POLICY OF TITLE INSURANCE issued by USlIFE Title'lnsurance Company of Dallas. SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF. USlIFE Title Insurance Company of Dallas. A Texas corporation. herein called the Company, insures. ilS of Date of Policy shown in Schedule A. against loss or damage. not exceeding the amount of insurance stated in Schedule A. and costs. attorneys' fees and eKpenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein: 2. Any defect in or lien or encumbrance on such title; 3. lack of a right of access to and from the land; or 4. Unmarketability of such title. IN WITNESS WHEREOF, USlIFE Title Insurance Company of Dallas has caused this policy to be signed and sealed by its duly authorized officers in facsimile to be valid, as of Date of Policy shown in Schedule A. cnry when it bears an authorized. original countersignature. ~, ~~!/~ I',.,id.", .. e",., ('<<:lIt,,,. Ollie., L~~ Aue.Jl: ('KlJt,,,. ViC'."'U/MM, SlfC/,fPr .nd T";lII,,., ~~ AurMril~ COU"'/fr1,pt!;J,lII, / ASPEN TITLE COMPANY, LTD. 530 East Main Street Aspen, Colorado AM!'UCAN LAND TITLE ASSOCIATION OWNER'S POl.ICY-PORM a_lIl0_AMENDE.D 10.17.70 . i Fo,mc,ly DALLAS TITLE AND GUARANTY COMPANY FORM 1M 15M 1071H ---.-._-;... ~"--.'T I I I I , . " " " ....N. ~.. ,. ""'~".~'~" - ~ ,:":'0; .... '.... ....: :- . /"i,~()I'1 KIY lYI'!: llNPD. IlAt. PRIOR pOL OA UA. WOtJNTy:_0?,2_ _.1--- S -1<030 I~ 261..DO Code Gro~s Prem. ---- D. STAT. CODE: SPECIAL DRieR COOE/S: ~ Code Gron Prem. Code Dole of Policy: Septenlber 29. 1982 at 9: 20 A.M, Amount of Insurance $ 100,000.00 i ~ ~ , ~ J ,. 1 ~ I. , I Name of Insured: I\DARlllG FO!lJ( BANK i... "'.~ J G. SIMUL. Wlfll Nur,~..::_ .~-,;';"~i3;j.;""~":':"- ' .'. ~~,,-'...t-;";,. -, " . ~ - ~i: ~ II. ~RIO~ POLICY NUMBER:---L- FEE SIHl'LE The estate or interest relerred to herein is at Date of Policy vested in: REMARKS: RI~;!_Q3...~0 Is Gron "rem, ~de LIS Prem, -:- GF No. A82-301 . Code . , .' .' . , , . .". '.." .':. .. , .. .' Is . Gruss Prom. The esl81e or Interesl in the land described herein and which is covered by this policy Is: (a fee, a'IAasehold, eIC.) lUlARlllG FORK BANK The land referred 10 in Ihis policy is described as follows: Lot 7 SUNNY pARK NOlITl! SUBDIVISION Pitkin County, Colorado AMENDED 10,17.70 . : . . fO"'"' \00'" 0['" 2,"1 I :-,.. .:1 .h....~.:: .,., AMEnlCAN lAND TITLE ASSOCIATION OWNEn'S POLICY. FonM 0 1970 . ..' _.. .-.-.----...---- ,,t. ... .. '1- ~. .'" ....-~, .....;~ - ,-,'. ':"t';, " ;""-'-,..,.~,,,,,-,,,,,,,,,,,,,,,"'''''''-''''~''' ,.";' ~ '.! ".,' '.'~ . . .: . -;.~:,,,....;--....,'.~I:. , ~. ~.._. ',' ,'. .' .' . '.' '., ... . .....-.. . ...... '..... '. . .' .... ." .' '," ...:'-.' . .' .. ":...,' ........'.' . w ....:: ". . .' .. " . . '.' ..... , " .' '-. " ..' , '. 'V,! .".7i,'li-:-.. --,...-..-....... .,..----..,...-....-~,~?-.-------'-,. "",,--~.... ,,,,,,'._1' . ,""I.lT",. ... ,- ~_. ..p,~" '. .' " , ., '. . 1 t 1 I i " __ .hI "" .... ...o(;'1A."-.L.~:;.o:"~L .~ _ .~c '.. ..;;....., '" (6""":;,.;.... ..,~........:.,,;-.:.~.... , c.. ,....~.. .... " .&.. .u.;.;; _ " - ,~.,. .",. .~... - ,j POLICY NO. 0 043023 File No. A97.-301 Easements, or claims of easements, not shown by lhe public records. 3. Discrepancies, conflicts in boundary lines, :;hortn9c in mea, encronchmenls, and any facts which a correct survey and inspec- tion of U.....,. premises would disclose and which arc not shown by tho public records. 4. Any lien, or right 10 a lien, for services, lobor, or malerial heretofore or hereafter furnished, imposed by law and not shown by the pUblic records. 5. The lien of any and all unpaid taxes and assessments. No examination has been made by Company. 6. Resll!rvations and exceptions as c'lntained in United States Patent. recorded May 20, 1949, in Book 174 at Page 168 and 171, aa follows: the Premises hereby g~anted, with the exception of the su'dace, may be entered by the proprietor of any other vein, J.oda. or ledge, the top or .ape~, of wldeh lies outside of the boundary of 8.I1id granted. premises, should the aame in its dip be found Co penetrste, intersect or extend into said prcmisea for the purpose of e"'tracting and remov:tug the ore frolll such other vein, lode or ledge. 7. Easements, rights of way aIm restrictions, which do not contain;a forfeiture or reverter clause, s8" set forth in Deed recorded Horch 30, 1964 in Book 206 at Palle 301. II 8. ierms, conditions and obligations of water agreement between John L~Herron'and Royal ~ar.q ,i Cu.rporntion aud Anthony Deruman, recorded Novctaber 20, 1964 in Book 210 at Page 206. il; 9. Any tax, assessments, feea or charges by reason of the inclusion of the subject property 1: : Aspen Fire Protection District, Aspen Metrop-olitan San1tation~pi'!trict and Aspen Valley llospltl,! llistoc!ct. . , 10. ~erm~, conditions and restrictions as contained in Easement Agreement by ahd between Jack Jenk1ns~'and Salvation Ditch Company, recorded September 16, 1977 in Dook 335 at Page 80. '. <..., ,: I I ,. .AM I" lCOI 'I ,J I I J }'I ,; . I ""toue< , "" . "" . ! AMERICAN l.ANO TlTl.E ASSOCIATION OWNER'S POUCY, FOAM B 1970 AMEUOEO 10.17.70 ','~:'~ .""'''''' .,,,",,r,...~ r, .::-""'-... :.:" ~~ .--.. :"':, ."" I. ~. 'l' ::'''':. '..' ..~ '.~, . ,~ ,- "'r.~ .-,. . ~. ~ ~~.' '''. ~.- ." ......,\ .... .-.~ .- 'f) ~ ---',---_._-~~....~"':'.......--...-.~.,.. ,,_., T._. --,,------.._~...,.... . ~".....-- J l ! I '''''--- ;-,{,'. ..:~':.>'! . " " " " .oF State Documentary Fee $ WARRANTy'DEED " , I, ALPINE DANK, CARBONDALE, a Colorado banking corporation, formerly known as.'ROARING FORK BANK, whose address is 0326 Highway 133, Carbondale, Colorado, 81623, for the consideration of One Hundred Dollars and other good and valuable considerations, in hand paid, I . \ hereby sells and conveys .to PITKIN COUNTY, whose address is , , Aspen, Colorado, the following real property .in the County of.pitkin, State of Colorado, to wit: Lot 7, SUNNY PARK NORTH SUBDIVISION, . I. - to the same, subject to: ~ith all its,apPurt~nanc~' . d warrants title Reservations and excep i as contained in recorded in Book 174 at a 71 of the pitkin the United States Patent County records, I n Easements, rights of way and restrictions as set forth in'Deed recorded. in ~O~k 206 atfj PO~ of the pitkin County records, Terms',condltlons and b.f1g tlons of .water agreement recorded in Book 210 at Page 206 of the P tl1n County records,. ,. fees or charges by reason of the .inclusion .,f iri Aspen Fire pxotection District, ~spen ~' .nd Asp., V.ll.y Ho.p".l 0"""" .Terms, conditions and e lctions as contained in Easement Agreement recorded in Book 335 at e 80 of the Pitkin County records, \ . .! .', .' GeneraI'taxes for 1983 due and payable.in 1984. SIGN'O Ch," ., · d;;.Y;/ . .. .. 1983. -. "D. .' ALPINE BANK, CARBONDALE, 1- . . . a ~olorado banking corporation, Any tax, assessments, the subject property Metropolitan. Sanitation .. .r\ : . I . .' ",' , . ,"J. ; , ., .,'.',_,\' l ,-".:." , " By: j... ," President '. . . ,". ". , Attest: . " , . .' . , Secretary COUNTY OF GARFIELD ') ) ss. ) STATE OF COLORAOO The foregoing Warranty Deed day of ' 1983, by as Secretary of Alpine banking corporation. was acknowledged before me this as President and Bank, Carbondale, a Colorado Witness my hand and official seal. , Notary Pub1i<;: Address: " \ , ' My cornrnissionexpires: r - ,'i.':"':..;. " I . -. .;.... .~_. -.1. I - (. ,. ". ","" .' / -'I". ~.:.... .- 'I-"~ .-' . '- ;..-, 0' f;.:......'tj.) .~\.. j! ~--'.) May 10, 1983 THE AMERICAN INSTITUTE O. REAL ESTATE APPRAISE-RS Mr. Pat Dobie Pitkin County Engineer 506 East Main Street Aspen, CO 81611 RE: A Preliminary "Opinion of Value" for Lot 7 Sunny Park North, :pitkin County, CO Mr. Dobie: At your request, I have personally inspected the subject property, reviewed the attached plat and have gathered and analyzed applicable market data for the purpose of offering you a preliminary "opinion of value" for the proposed taking. Please note that I have not completed a formal appraisal at this time, but have rather made a cursory review of area market data. In the event a more formal analysis is necessary, I could complete this from the information contained in my files. This valuation study in its present form is not considered adequate for courtroom testimony, but rather is to be used for your preliminary negotiations with the parties involved. '. Descriot1on of the Prooertv: The subject property is a single family building site consisting of approximately 15,000 square feet. Its zoning is R-15, Single Family Residence, and it is currently vacant. It is located at the dead end of Park Circle cul-de-sac. To the north of the property is a large approximately 26-acre parcel which is the proposed site for Phase IV of Silverking. Adjacent on Lot 6 is a duplex; however, the majority of the surrounding neighborhood is improved with multi-family, condominium units and apartments. The subject's topography varies from level near the cul-de-sac, rising northeast to a level occupied by the Salvation water ditch and rising northeast to a very steep hillside. The site. would be somewhat difficult to develop due to the location of the Salvation Ditch and the steep topography. However, the appraiser is confident that a creative architect and engineer could develop the site with a single family residence per its zoning. If this development should ever occur, it most likely would add substantial cost to the development of the single family residence. In general, the subject neighborhood is not well kept and not considered a highly desirable location for an expensive home. Rather, a modest single family residence ranging in market value from $225,000 to $275,000 would best accommodate market desires. I , , i , , I I.: 1- , , 1- , Jfwneif vltIIUxv. M. A,I. CRYSTAl.. 'PAI..ACE BUII..DING' 300 EAST HYMAN AVENUE' ASPEN, COLORADO B1611' 303/925-6967 I i ! - 1- ._-. .'-"--'- _.___h --~. "'I~"''''''-~~~ i , I _ , ~~. _..~- ~~ "~ ll-'l.U"1: III LI: .. 11'I;:)UIiAI'H."t: l-ompany or a as . Lot 7, ~Jnny Park North Roaring Fork Bank/Board of County Commissioners Endorsement Anached to and forming a part of COMMITMENT :N o. A83-327 Issued by ASPEN TITLE COMPANY, LTD. USlIFE TITLE INSURANCE Company of Dallas Schedule B-Section 2, Exc~ptions, is hereby amended by adding: 13. Any interest evidenced by Notice of Interest of BKS, Ltd. a Colorado Corporation, recorded June 22, 1983 in Book 447 at Page 495. NOTE: known Indemnity Agreement from Alpine Bank, Carbondale, formerly as Roaring Fork Bank, has been received by Aspen Title Company, 'Ltd. Schedule B-Section 1, Requirements, is hereby amended by deleting Item (b) 2. and adding: Upon receipt of an additional $90.55, Endorse~ent Form 110.2, copy attached, will be attached to and made a part of the Policy to be issued hereunder, and will cover Exception No. 13. This endorsement is made a part of the policy or commitment and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly staled. it neither modifies any 01 the terms and provisions 01 the policy or commitment and prior endorsements. if :lny, nor docs ;1 e)(tend the effective date of the policy or commitment and prior endorsements or increase the face amount thereof. Deted: November 25, 1983 ,'. USlIFE TITLE INSURANCE Company of Dallas ~!/t/~ . P,uid~nr" Chief E~ecu'i"'fJ Olflc~r ~(<-</ /l!<fik/tf taL , Au.st. Seni<< Vice.Preslden', Secrellry Ind G~n.r~' Counsel Isswd II / / FOAM S 10 20M SETS t81H J....." '.' "'!/" '.. " , , ( I ~ . '",'I' " r !~ Please note that the purpose of my assignment is only to estimate the current Market Value of the site in its as is condition. I have not been asked to consider the possible effects of the road expansion, possible land trade or the effects of the ppoposed Phase IV Silverking development. ~ '" In the course of my investigation, I have gathered and analyzed recent sales of comparable building sites which will be considered competitive with the subject. These most recent sales and listings have 'been analyzed on the basis of their size, location, access; topography, views and neighborhood characteristics. Considering the brevity of tbjs report, these sales have not been included or closely analyzed. However, these sales were selected from the Williams Addition, Knollwood Subdivision, Mountain Valley Subdivision, Ridge of Red Mountain and downvalley land sales as far as Brush Creek Subdivision. After reviewing the sales and listings from these comparable areas, it is the appraiser's opinion that the current net Market Value (less typical 6-10% real estate commission) would range from $100.000 to t110.000. \ . I trust that this brief letter analysis is adequate for your needs at this time. Please note that this valuation'study is being offered in brief letter form at your request. This valuation study in its current form is not adequate for courtroom testimony, but rather is to be . considered a tool for the negotiations between Pitkin County and the landowner. If at a future date a more formal analysis is necessary, I could complete this from information contained in my files. Thank you for this opportunity to be of service. Sincerely, nAA _'_'/./ ../-""~ Mollica, M.A.I. ser-Consul tant Jnmes 1 Mollica << A~\tIflnlr~ loco RNI Estate Appr8tserl and Consultant. ,- ......--.. '<.,,-~.., .-. .,.- """!l':o... '1 II; ;, .~ 1fr ENDORS !.~fENT Attached to Policy No. Issued bl" BLANK TITLE I;;SVRANCE COHPA1/Y The Co-.::pany hereby insures the Insured against 10s8 or damage vhich the insured shall susto1in by reason of the enforcement or attempted enforcement thereof al'pinst the land in connection vith Item Schedule B. '- --"-~' ~-, The tot011 liability of the Comp.,ny under said policy and any endorsement ' thereto shall not exceed in the aggregate, the face IDllOUnt of said policy and costs which the Company is oi'ligated under the Conditions and Stipulations . thereof to p~y. This cl1thJrsement J when countersigned by an authorized officer or agent, is made a part of said policy as of the policy date thereof and is subj ect to the SC!ledules. Conditions and Stipulations aDc ExclusioDs from Coverage therein contained, except as modified by the provisions hereo f . BLANK TITLE INSURANCe CoxPAtIT ; j I ! I 'I ! - ~ "-0. . . .~ . ~ , /' ...-' ~ By , '1f' COLOP~O Form 110.2 JAN 83 ...-.... -,. ~ , \~, ~ " \ '!:!!IIr.""'_"""'.... ~.~'-._. lFI.U-il:: III Lt IN:::'UI"i/\in COITlPdl1Y 01501105 I I . LJ ld Cornmitment for Title Insurance LIS LIFt Tilltt Insurance Company of Dallas. herein called Ihe Company, for \lolunbl" consideration, hereby commits 10 issue its policy or policies of title insurance, as identified in Schodule A, in favor of the proposod Insured named in Schedule A, as ownor or mortgagee of tho "slate or interest covered hereby in the land described or referred to in Schedulo A, upon payment of tho premiums and charges therefor; all subject to the provisions of Schedules A and Band 10 the Conditions and Stipulations heroof. This Commitment shall be cffi}ctiv(l only when tho identity of the proposed Insured and the amount of the policy or policies committod for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the eHective date hereof or when the policy or policies commiued for shall issue, whichever first occurs, provided Ihat the failure to issuo such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authOrlred oHicer or agent. Schedule A 1. Effeclivedale JUNE 30, 1983 AT 8:00 A.M.CaseNo. 2. Policy or policies to be issued: A83~327 ASPEN TITLE COMPANY, LTD. Inquiries directed to 925-4444 l A. ALTA Owner's Policy Proposed Insured: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO A 1.98,000.00 moun Premium $ 217.32 TAX CERTIFICATE 5.00 B. ALTA Loan Policy Proposed Insured: Amount $ Premium $ C. Amount $ Premium $ 3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto is at the effective date hereof vested in: ROARING FORK BANK 4. The land referred to in this commitment is described as follows: Lot 7 SUNNY PARK NORTH SUBDIVISION Pitkin County, Colorado Schedule B-Section 1 Requirements The following are the requirements to be complied with: Item (8) Payment to or for the account of the grantors or moMgagors of the full consideration for the estate or interest 10 be insured. Item (b) Proper instrunlent(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: 1. Deed from Roaring Fork Bank vesting fee simple title in Board of County Commissioners of Pitkin County, Colorado. 2. Deed or other instrument disposing of interest of BKS. Ltd., a Colorado Coporation, as evidenced by Notice of Interest recorded June 22, 1983, in Book 447 at Page 495. OTHER'REQUIREMENTS NOT TO BE RECORDED 1. Evidence of compliance with the provisions of the Real Estate Transfer Tax, Ordinance No. 20 (Series of 1979). (OVER) Formflrly DALLAS TITlE AND GUARANTV COMPANY fOAM 105 {COIIOM1017H ... -. . T' It r Stroet Addres'J ot Properly Schedule B-Socfion 2 Ellcoplion!'l The policy or policies to be issued will contain exceptions to the following unless the some are disposed of 10 the satisfaction of the Company; ,. Rights or claims of parties in possession not shown by the public records. 2. Easemonts, or claims 01 easements. not shown by tho pubhc records. 3. Discrepancies. conflicts in boundary lines, shortago in area. encroachments. and any focls which a correct survey and inspection of the premises would disclose and which arc nol shown by tho public records. 4. Any lien, or right 10 a lien, for services, labor or material theretofore or hereafter furnished, imposed by low 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 eHective date hereof but prior to the date the proposed insured acquires of record lor value the estate or interest or mortgage thereon covered by this Commitment. Exceptions numbered -0- are hereby omitted. 6. Taxes due and payable: any unpaid taxes and assessments and any and all tax sales which have not been properly redeemed or cancelled. Tax Certificate ordered, not yet received by Company, . 7. 'Reservations and exceptions as contained in United States Patent recorded May 20, 1949, in Book 175 at Page 168 and 171, as follows: the premises .hereby granted, with the exception of the surface, may be entered by the proprietor of any other vein, lode or ledge, the top or apex of which lies outside of the boundary of said granted premises, should the same in its dip be found to penetrate, intersect or extend into said premises for the purpose of extracting and removing the ore from such other vein, lode or ledge. 8. Easements, rights of way and restrictions, which do .not contain a forfeiture or reverter clause, as set forth in Deed recorded March 30, 1964, in Book 206 at Page 301. 9. Terms, conditions and obligations of water agreement between John L. Herron and Royal Land Corporation and Anthony Beruman, recorded November 20, 1964, in Book 210 at Page 206. 10. Any tax, .assessments, fees or charges by reason of the inclusion of the subject property in Aspen Fire Protection District, Aspen Metropolitan Sanitation District and Aspen Valley Hospital District. 11. Terms, conditions and restrictions as contained in Easement Agreement by and between Jack Jenkins and Salvation Ditch Company, recorded September 16, 1977, in Book 335 at Page 80. 12. and provisions as contained in Option to Purchase recorded June 28, in Book 447 at Page 767. Said exception will be deleted upon satisfaction of Requirement No.1. Terms 1983, NOTE: Conditions and Stipulations 1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those show~.Jn Schedule B hereof. and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liabilt1Yfor any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company. or if the Company otherwise acquires actual knowledge of any such defect. lien, encumbrance, adverse claim or other malter, the Company at ilS option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies c~nimitted for and only for actual loss incurred in reliance hereon in undertaking in good faith fa) to comply with the requirements hereof. or (b) to eliminate ex~eptions shown in Schedule B, or Ic) to acquire or create the estate 01 interest or mortgage thereon covered by this Commitment. I., no everlt sh..lI such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, exclusion from coverage, and the Conditions and Stipulations of the lorm of policy or policies commilted for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage. whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien ot the insured mortgage covered hereby or any action asserting such claim. shaH be restricted to the provisions and conditions and slipuhltions ,?f this commitment. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By-laws. This Commitment is effective as of the date shown in Schedule A as "Efleclive Dilte." USlIFE Title Insurance Company of Dallas ;U.rl/(/~ PrU'd.nl" eh.., fucul,,,. Olf,e.' ~~~. ArrUI fucul,,,. v,c.-P,.&,d,nr. SfC'''''r .nd r,,,&U,,' --b~-~ A".~"Uf'I.d S'II",,:,,,, ........... " ,.,.' Aspen/Pit 130 s" October 18, 1984 Patrick Dobie Pitkin County Engineer pitkin County Court House 506 E. Main Street Aspen, CO 81611 Dear Pat: Two additional items of information regarding the Sunny Park North subdivision exception and subdivision exemption applications are required. As indicated in our October 3, 1984 correspondence, the City requires application fees to be submitted with applications even if the applicant is requesting that fees be waived as is the case with the subdivision exception application. The fee is $680. As I also indicated to you in my October 3, 1984 letter, yOU must provide us with a plat for the subdivision exemption application which depicts the parcel for which you are requesting a subdivision exemption. It should depict the parcel being subdivided and the granting parcel. please provide the Planning Office with this additional information as soon as possible. We are anxious to schedule the review of these two applications. :' Sincerely, bL~ Glenn Horn Planner . l 1 cc: John Eldert Bill Tuite Alan Richman ...~ '. pitkin county 506 east main street aspen. colorado 81611 ~1EMORANDUt1 ---------- '10: Glenn Hom, Plarming FroM: Ron Thonpson, Assistant County Engineer DATE: October ll, 1984 1 I I 1 , RE: Subdivision Exception - sunny park North IDt 7 Per your letter of october 3, 1984 I have attached: I , , -ii i \ 1) proof of ownership 3) Subdivision Exreption plat sho.!ing existing acress to IDt 7 4) please be aware a driveway from County lbad *21 smuggler M:>untain lbad is existing to the ne.v IDt 7 5) Pat Dobie apparenUy is not interested in fOJ:Warding the $680 fee to be waived. . - " " '" -i" If r, '~'H.'< Asp e 0 / p it 1\jLR.~..~.~'t~J~J.i~P. ,:0 i og Of f ic e 1':~,*~4N."!'''~:j. 130 S' "J,,~Jt.~.l~l1tftS tree t asp en, '~,lf!.:9.t=dJr 81611 ~~. , October 3, 1984 Patrick Dobie Pitkin County Engineer pitkin County Courthouse 506 E. Main Street Aspen, Colorado 81611 Dear Pat, The Planning Office has reviewed your application for a subdivision exemption and subdivision exception and noted the following deficiencies which Should be remedied as soon as possible: 1. Proof of ownership must be demonstrated; 2. A subdivision exemption plat for the County application should be prepared as required by the Land Use Code; 3. The City subdivision exception plat must Show the access plan access to the subject site; 4. Although you submitted a map depicting access to the site, we will need another map showing more topographic detail and the extent of any cuts in the hillside which may be necessary to build the driveway; and 5. The City requires all application fees to be submitted with the applications even if the applicant is requesting that fees be waived. The City fee for a subdivision exception is $680. Please give me a call if you have any questions regarding this matter. I will be glad to help you if I can. Sincerely, ASPEN/PITKIN PLANNING OFFICE ,~L,,,,~;'-,\j\^, Glenn Horn Planner GH:jlr pitkin county 506 east main street aspen, colorado 81611 September 20, 1984 Glenn Hom Aspen/pi tkin Planning 130 S. Galena Aspen CO 81611 Lear Glenn: pitkin County is requesting a subdivision exenption for the Southeast comer of that parcel of Cotmty land kn= as Centennial - ~llie Gibson Park. 'Ibis parcel is 6,900 sq. ft. and \vi.ll be added to Sunny park North Lot 7. At the sarre tinE we are subtracting 6,900 sq. ft. frcrn the originally platted Sunny Park North Lot 7 for the purposes of road right-of-way for Park Avenue Loop. The overall effect of this adjustrrent is a IlDre suitable building lot with reasonable access. A thirty foot access easerrent frcrn Cotmty FDad nunber twenty-one (21), Smuggler ~tmtain Road, will provide acoess through ~llie Gibson park to Sunny Park North Lot 7. The driveway frcrn the Cotmty road to the lot line will be =structed by the Cotmty as a part of the ~llie Gibson Park construction. '!he adjusted lot line and adequate acoess which avoids the steep bank on which the Salvation Ditch is located, irrproves the value of Sunny park North Lot 7. The adjusted addition will benefit the public by providing public right-of-way for Park Avenue Loop at no cost to the County while irrproving the resale value of Lot 7. S' PD:sb ~ , 20-14 ASPEN CODE , 2()..15 (c) Upon approval of the final plat by the planning office, it shall be referred to the city engineer, director of parks, and planning commission chairman for their signatures. (d) The final plat shall then be submitted to the city council and if approved by the city council, the final plat shall be re- corded by the city clerk in the office of the Pitkin County Clerk and Recorder after payment of the required fees by the subdivider. (e) Failure on the part of the subdivider to record the final plat within a period of ninety (90) days following approval by the city council shall render the plat invalid. Reconsideration and ap- proval of the preliminary and final plat by the planning commis- sion and city council respectively will be required before its ac- ceptance and recording_ The ninety-day recordation requirement contained herein shall not apply to the recording of condominium maps, declarations or any other documents required to be re- corded to accomplish a condominiumization in the City of Aspen. (Ord. No. 22-1975, ~ 1; Ord. No. 36-1976, ~ 5; Ord. No. 25-1981, ~ 1) Sec. 2()'15. Final plat-Contents. The final plat shall conform to and contain all of the informa- tion required on the preliminary plat except that information required by section 20-12 (I), (D, (k), (I), (m), (0), (p), and (q). In addition, the following items shall be required: (a) The original plat shall be drawn with permanent ink on reproducible linen or mylar. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches with an unencumbered margin of one and one-half (1~) Supp. No. 31 1218 ( , ( '1' i'c'; ,; .' ".:' ;~)' ( ENGINEERS & CONSTRUCTORS September 17, 1985 Mr. Bud Eyalr pitkin County Public ~rks Director 506 East Main Aspen, Cblorado 1'11611 RE: Sunny Park North Subdivision Lot 7 Dear Bud: Enclosed is the approved plat of the Sunny Park North Subdivision Lot 7. 'It1is plat has been awroved by both Cbunty and City. 'It1e lot should be ready for sale at this point. Sincerely, SCHMUESER Ron n Project Manager Rl':lc/5588 Encl. SCHMUESER & ASSOCIATES, INC. 1512 GRAND AVENUE, SUITE 210. GLENWOOD SPRINGS, COLORADO 61601 . (303) 945-5466 PITKIN COUNTY, 506 E. MAIN STREET, ASPEN, COLORADO 81611 DATE P.O. NO. INVOICE NO. DESCRIPTION NET AMOUNT I 12-12-86 00166-86999 92519 350 00 I To record Sunny Park Plat , 1337 aETACH ....0". D.~O.IT1NG W'U'ltANT . ./ ASPEN/PITKIN PLANNING OFFICE C 3C,fi - ' 'I -, 130 South Galena Street Aspen, Colorado 81611 i.,' '! (303) 925-2020 i'if-: Ii J; \! , ( " LAND USE APPLICATION FEES City 00113 63721 - 47331 . 52100 GMP/CDNCEPTUAL 63722 . 47332 . 52100 GMP/PRELlMINARY 63723 . 47333 . 52100 GMP/FINAL 63724 .47341 . 52100 SUB/CONCEPTUAL 63725 . 47342 . 52100 SUB/PRELIMINARY 63726 . 47343 . 52100 SUB/FINAL 63727 . 47350 . 52100 EXCEPT/EXEMPTION 63728 . 47350 . 52100 REZONING I 63729 . 47360 . 52100 SPECIAL REVIEW f.~C~) : ,:,0 c SUB.TDTAL County 00113 63711 .47331 . 52200 GMP/GENERAL 63712 . 47332 . 52200 GMP/OETAILED 63713 . 47333 . 52200 GMP/FINAL 63714 .47341 . 52200 SUB/GENERAL 63715 . 47342 . 52200 SUB/DETAILED 63716 . 47343 . 52200 SUB/FINAL i 63717 . 47350 . 52200 SPECIAL REVIEW j '-;e' 7' ':' . . ( , 63718 . 47350 . 52200 REZONING 63719 . 47360 . 52200 SPECIAL APPROVAL SUB.TOTAL PLANNING OFFICE SALES 00113 . 63061 . 09000 . 52200 63063 . 09000 . 52200 63062 . 09000 . 00000 63066 . 09000 . 00000 . ~3069 . 09000 COUNTY CODE ALMANAC GMP COPY FEES OTHER SUB.TOTAL TOTAL --!l ~ _"S be, U ' , -/.. Name: t I ;).11 I Address: , if .f- /I,..'r,'; i ~ 1 j {Ji,i,.!" Phone: ~' , j.(' ,.^ 1 tUff Project: __"-- if ,', i, i .\,' ,j ; : ' Date: j J Ji/- tV No. of Hours: Check No. t:: ')(."7 k Additional 8illing~ 1 .