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HomeMy WebLinkAboutcoa.lu.ec.Sunny Park North-Lot 7.36A-84Sunny Park North C PITKIN COUNTY, 506 E. MAIN STREET_ ASPEN_ COLORADO R1611 DATE P.O. NO, INVOICE NO. DESCRIPTION NET AMOUNT 12-12-86 00166-86999 92519 350:00 To record Sunny Park Plat 1337 ' ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 925-2020 LAND USE APPLICATION FEES City 00113 - 63721 47331 52100 GMP/CONCEPTUAL 63722 47332 52100 GMP/PRELIMINARY 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 63729 47360 52100 SPECIAL REVIEW SUBTOTAL County 00113 - 63711 - 47331 - 52200 GMP/GENERAL 63712 47332 52200 GMP/DETAILED 63713 47333 52200 GMP/FINAL 63714 47341 - 52200 SUB/GENERAL 63715 47342 52200 SUB/DETAILED 63716 47343 52200 SUB/FINAL 63717 47350 52200 SPECIAL REVIEW 63718 47350 52200 REZONING 63719 47360 52200 SPECIAL APPROVAL PLANNING OFFICE SALES 00113 - 63061 - 09000 52200 63063 09000 - 52200 63062 09000 00000 63066 09000 00000 63069 09000 Name: - Address SUB -TOTAL COUNTY CODE ALMANAC GMP COPY FEES OTHER SUB -TOTAL TOTAL Phone: Project: Check No. Date: Additional Billing: No. of Hours: CASELOAD SUMMARY SHEET City of Aspen A DATE RECEIVED: CASE NO. 9"lly DATE RECEIVED COMPLETE: STAFF: S6 PROJ ECT NAME: 514h f Pxi k tit -7 SUhcQlU1S1V1 APPLICANT: ApplicantAddress/Phone: REPRESENTATIVE: Representative Address/Phone: Type of Application: I. GMP/SUBDIV IS ION/PUD (4 step) Conceptual Submission Preliminary Plat Final Plat 11-I . SUBDIV IS ION/PUD (4 step) Conceptual Submission Preliminary Plat Final Plat III. EXCEPT ION/EXEMPT ION/REZ ON ING (2 step) IV. SPECIAL REVIEW (1 step) Special Review Use Determination Conditional Use Other: P&Z CCU MEETING DATE.. ($2,730.00) ($1,640.00) ($ 820.00) ($1,900.00) ($1,220.00) / ($ 820.00) ($1,490.00) ($ 680.00)U PUBLIC HEARING: YES NO DATE REFERRED: INITIALS: -------------------------- REFERRALS: City Atty Aspen Consol. S.D. School District City Engineer Mtn. Bell Rocky Mtn. Nat. Gas Housing Dir. Parks Dept. State Hwy Dept (Glenwd) Aspen Water Holy Cross Electric State Hwy Dept (Gr.Jtn) City Electric Fire Marshall ° Bldg: Zoning/Inspectn Envir. Hlth. Fire Chief Other:�,,.�+.„�.,�,,�r�'-,�,�, FINAL ROUTING: DATE ROUTED: lb INITIAL• T� City Atty City Engineer Building Dept. Other: Oth er : FILE STATUS AND LOCATION: / l� //741)&— ui.Jrw ii tvtI: .i Urlr.1. era I-L. ,w� ., •��••-- rc��;.o�i Reviewed by: Aspis P&Z �City Council• C)'ty COVA01 urnni,y,,,,j3y'a-1.1ji-) MID Cf , j V�* f(t t. rDIIbW4 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. Peviewed By: Aspen PLZ City 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 MEMORANDUM TO: Mayor and Council THRU: Harold L. Schilling, City Manag FROM: Steve Burstein, Planning Office RE: SUNNY PARK NORTH LOT 7 SUBDIVISION EXCEPTION DATE: September 4, 1985 LOCAT_ION_: 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. SUMMARY: 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. PREV_I_O_US_C_O_U_N_C_IL_ ACTION: 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 October 22, 1984. 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. BACKGROUND: 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. APPL_IC_A_B_LE SECTIO_N_S_ 0F MUNI_C_I_PAL_ 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: • • 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. PROBLEM DISCUSSION: 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 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: In a conversation with Jim Wilson on September 4, 1985 the following concerns were brought up: 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. PLANNING OFFICE REVIEW: 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- 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 effort 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. RECOMMEN_DATI_O_N: 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. PROPOSED MOTION: "Move to approve the Sunny Park North Lot 7 Subdivision Exception subject to the four stated conditions." SB.klm OIEERS & CONSTRUCTORS July 3, 1n85 Mr. Steve Burstein, City planner_ Aspen/Pitkin Planninq 130 South Galena Aspen, Colorado 81611 near Steve: Pitkin County is requestinq a subdivision exemption to allow for a lot line adjustment of 6,900 sauare feet of Lot 7 of the Sunny Park North Ruhdivision. The 6,9nn sauare feet of Lot 7 to be subtracted, is being used for right-of-way for Dark Avenue Loop. Tn exchange, the County is adding 6,A00 square feet of land from the southeast corner of the Centennial/Mollie Gibson Park property to retain the lot at its original size. Last fall the City took appropriate action to annex the Centennial/Mollie Gibson 6,900 square feet and to zone it R15A DUD. The total size of riot 7 does not change from that originally platted and no increase in density will occur. A thirty foot access easement from County road number twenty-one (21), Smuqgler Mountain Road, provides access throuqh Mollie Gibson Park to Sunny Park North Lot 7. The driveway from the County road to the lot line has been constructed by the County as a part of the Mollie Gibson Park construction. The County purchased the oriainal root 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. The adjusted lot provides a better huildinq lot and reasonable access, as the oriqinal Lot 7 was inaccessible because of the steep bank and salvation Ditch adjacent to Park Circle. The adjustment provides an adequate building site which will require little earthmoving. Submitted for Pitkin County y Sc ueser Associates i:L Pori Thompson Protect Manager R`-I'/j j xc: Bud Pylar, Publ.ic1,?orks Director, Pitkin County Cynthia Nouben, County Planning SCHMUESER & ASSOCIATES, INC. 1512 GRAND AVENUE, SUITE 210 • GLENWOOD SPRINGS, COLORADO 81601 • (303) 945-5468 0 0 . MEMORANDUM TO: City Attorney City Engineer FROM: Steve Burstein, Planning Office RE: Sunny Park North Subdivision Exception DATE: August 9, 1985 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 adjustment of 6,900 square feet of Lot 7. The purpose of this adjustment is to provide right-of-way 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. 1 C: C� MEMORANDUM To: Steve Burstein, Planning Office From: Elyse Elliott, Engineering Office 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.U.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. 4t_ 4. ASPEN WATER DEPARTM8NT �1�! IMP TO: ALAN RICIMN-PLANNING FROM: JIM MARKALUNAS SUBJECT: WFIL" 2iG CONCEPTUAL SUBDIVISION APPLICATWN LOT 3 SUM PARK SUNDMSION DATE: JANUARY 31, 1981 Thirproposed application of twenty units located directly across the road from Tract 4 Syany Park is in a marginal service area. As per my recomendation regarding Tract 4 Sunny Park Application (reference my lettte of December 12. 1980 which is attached), it is my redommandation that the Warning application, along vtth'the tract'4 application, be required to interconnect the 6" King Street lia4 nth the 6" Mill Street line is order to improve pressures and flora. .Perhaps bath these developers ran get-together and•dQ;this•vorkjoiatly. As �sthted" in` 1A `bee 6r 12th letter, it ,Nu pxop000d ,ip�srconnect coia � for water service at,thdi-location,` a_ a 6" main In t.?rCJ.c_. On." 4!]:. JIIJ.'i `E 2':Jlii'_:!Ic i E:li,Ii'_: of the a HoVE'-�7cr, since finis Pro eCt is 10 t;tt �2 i,ory t:-,ai 8 ,. t ?liTdl : ervice area, since the project will. . 113 clot-ILt, cf f(,:t: -%n f aC.L.i1.. ...:, it __ i"_ ,*Call:;-_ ..- -;l I.: I.-, •t ,'i ;i.: :(: f'_ l.':i'_. O:1 diGl _: ._!:. 1: ? 1, i; t : J G" ! 1':f 01: :-t :. „ i:t If the .;r .nre; '1.. regar.c;.r_rt;; t.... s. � -c_e� . "' ,• ..1,:-.r,.., , - _ _. • ... _ t . <�,�:,: i' . . y�1lc:er�'.:Y. r, .�`lIIl V:11 nn1unz,.5 P! , t • C-I ' CITY OF ASPE 130 south galena street aspen, colorado.) 81611 December 12, 1980 Mr. Jeff Costley Archdeacon Ltd Box 884 Aspen, CO 81612 Re: Tract 4, Sunny Park 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 available 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 Ring 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 theWater Department regarding this project and would certainly recommend its approval. ncerely, m Markalunas Director Aspen Water Department cc: Planning Office SCHMUESER W INEERS & CONSTRUCTORS ASSOCIATES July 3, 1985 Ms. Cynthia Houben, County Planner Aspen/Pitkin Planning 130 South Galena Aspen, Colorado 81611 Dear Cynthia: Pitkin County is requesting a subdivision exemption for the Centennial/Mollie Gibson parcel for the creation of community facilities (A-2-2(4)). 11he County was the majority owner of the 25 acre site. Seventeen acres of this parcel was deeded to Centennial for a housing project (Lot 1). 7be County is retaining approximately 8 acres for Mollie Gibson Park (Lot 2). Of this + 8 acres, the County is deleting 5,gn0 square feet (Lot 3) in the southeast corner of lot 2 for the purposes of creating a new Lot 7 within the Sunny Park North Subdivision which is within the City of Aspen. The original Sunny Park 19orth Lot 7, was acquired by Pitkin County to obtain right-of-way for Park Avenue Loop to serve the Centennial project. Th 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 Mollie Gibson Park known as Lot 3. This new Lot 7 which is within the City, offers an improved building lot with already existing access from County Road 21, Smuggler Mountain Poad. Subm,itted for Pitkin County by Sc ese Associates Ron Thompso Project Manager RT/j j xc: Bud Eylar, Public Works Director Steve Burstein, City Planner SCHMUESER & ASSOCIATES, INC. 1512 GRAND AVENUE, SUITE 210 • GLENWOOD SPRINGS, COLORADO 81601 9 (303) 945-5468 RECORD OF PROCEEDINGS 100 Leaves FORM '^ C. F. -ECKrI R. R. A 1. C 1_ ORDINANCE NO. 24 (Series of 1984) AN ORDINANCE ANNEXING TO THE CITY OF ASPEN, COLORADO, A TRACT 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 Park Subdivision, located in Pitkin County, Colorado, to the City of Aspen, which petition has been found to be in compliance with the applicable provisions of the Colorado Annexation Act; and WHEREAS, the City Council has further considered the proposed 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 the property proposed to be annexed, the City Council may, by ordinance, annex without notice or hearing (other than that inci- RECORD OF PROCEEDINGS 100 Leaves FORM •E C. F. HOCCKFI R. R. n L. CO. 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 Annexation 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*29100" East, 60.00 feet to the true point of beginning; thence South 67*27117" 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 hiascotte 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 42029100" 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 • • RECORD OF PROCEEDINGS 100 Leaves FnRM 'A C. F. Hnr'KFI. n. R. M L. L 1. 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 �a day of �,�f .��� _, 1984, in the City Council Cham- tl bers, Aspen City Hall, Aspen, Colorado, 15 days prior to which hearin^ n-tice 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 13 day of , 1984. William L. Stirling ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this day of 1984. ATTEST: Kathryn S. Koch, City Clerk William L. Stirling 3 RESOLUTION OF 7I1E BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRIINTIPG SUBDIVISION EXEMPTION APPROVAL FOR SUNNY PPdRK NOR'lli LO7' 7 AND 111F; FOLLY G J11S0;v PARK IIALCEL Resolution Fo. 85- 83 WHEREAS, 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: ; and 1) a parcel of land in Lot 7 of the Sunny Park North Subdivi- sion; and 2) a parcel of land, the Molly Gibson Park, located on Smuggler Mountain 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 WHEREAS, the board recognizes 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 Mollie 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 project; ind WHEREAS, the Board recognizes that 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 gifted to the City of Aspen in order to provide right-of-way to the Mollie Gibson park via Smuggler Mountain Road; and WHEREAS, the County will dedicate a thirty (30) foot access easement to Lot 7 through the western edge of the Molly Gibson parcel. n No. 85— 83 L.W.., TFiEREI'URF., BL IT kF:SOLVF,D by the Board that it does hereby grant the Lot 7 Sunny Park North Subdivision Exewption request and the Molly Gibson parcel to be created subject to the following conditions: 1. That the plat be recorded in the Clerk and Recorder's Office: of Pitkin County, 1 lorado, following its review and approval by the County Att ney. APPROVED by the Board at its regular meeting on July 22, 1985. r ATT Lew Scanlan, Deputy County Clerk RECOMMENDED FOR APPROVAL: Alan Richman, Planning and Development Director APPROVED AS TO FORD!: 7V,4�N."a, . Thomas F. Smith,' County Attorney CA.42 BOARD OF COUNTY COSMISSIONERS OF PITKIN COUNTY, COLORADO By— -- --- — Tom Blake, Chairperson 0 • CITY OF ASPEN 130 south galena street aspen, colorado 81611 303-925-2020 p�GL9u\,V[9 AN27 MEMORANDUM I i 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 0 0 ASPEN WATER DEPARTMENT MEMORANDUM TO: STEVE BURSTEIN, PLANNING OFFICE FROM: JIM MARKALUNAS SUBJECT: SUNNY PARK LOT LINE ADJUSTMENT DATE: SEPTEMBER 2, 1985 i i We have looked at the Sunnyrk 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 0 W 0 pitkin county /// asp east main street aspen, Colorado e1611 April 9, 1985 ... • •,:N Paul J. Taddune, Esq. 130 South Galena Street Asr_en, Colorado 81611 RE: Sunny Park Annexation (Aspen 1A)/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 with the referenced annexation. The Deed form was drafted bv_ Robert F. Wigington, Esr_,. , 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, Cary S. Esa y Assistant County Attorney GSE:cd Enclosures cc: Robert F. P,igington, Esq. Bud Eylar, Public Works Director Glenn Horn, Planning Office Lew Scanlan, Deputy Clerk & Recorder Recorded at ock Reception No. M., Recorder. THIS DEED, Made this 1st dayof April 1985, between BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO w~wit�R-�(teilyo'rKantYed and existing under and by virtue of the laws of the State of Colorado, of the first part, anti CITY OF ASPEN, COLORADO whosr legal address is 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 oftheslim of Ten and no/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 iwirrand 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 water and water rights, ditches and ditch rights, wells and well 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 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 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 42a29'00" west along said northerly boundary and projection 173.66 feet more or less to the true point of beginning. eleearriewla as-�Fee6estds+uw�bos TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appei-taining, 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 treii s ai, assigns forever. County IN WITNESS WHEREOF, The said p rty of ythe first part hath caused its eerporrae name to be hereunto subscribed b Its !'rori.tlestt:, and its ao unaiye seal to be hereunto affixed, attested by its y' Chairman �' Clerk $eeretRry; t e written. Board of County Commissioners of 5:�:� Attest: Pitkin County, Colorado Deputy Clerk s—a- STATE OF COLORADO ss. __Countyof_ PITKIN By P Chairman of said Board P�e9lde= The foregoing instrument was acknowledged before me this 1ST 19 85 , by bNahm and by LEW SCANLMI My notarial commission expires — Witness my hand and official seal. 8/4/87 day of APRIL as Chairman of the Board of County Commissioners t:a of Pitkin County, Colorado; Clerk of the County. ale Prrai&_trtitrlt} —Secretaryof— acorptrrat *"- L 1�1,114 Notary Public. 01;�a No. 108-B. QUITCLAIM DEED. —Corporation Form— Bradford Publishing Co., Denver, Colorado — 11.79 `- N QUIT CLAIM DEED TO STATE OF COLORADO ss. County of I hereby certify that this instrument was filed for record in my office this d ay of 19 at o'clock M., and duly recorded in book page No. Reception No. Recorder. By Deput}. Fees, $ BRADFORD ►UBLISNING CO.. DENVER t 0 6 ORDINANCE NO. OR-21 Series of 1984 All ORDINANCE AUTHORIZING THE DISPOSITION BY DEED TO THE CITY OF ASPEN OF WATER RIGHTS APPURTENANT TO REAL PROPERTY ANNEXED BY THE CITY OF ASPEN ADJOINING LOT 7, SUNNY PARK NORTH SUBDIVISION AND REQUIRING THAT THE WATER RIGHTS DEED BE AVAILABLE FOR PUBLIC INSPECTION DURING 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 'Board of County Commissioners of Pitkin 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 the 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;" and 1 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. DAY OF FIRST READING AND SET FOR PUBLIC HEARING ON THE 27TH NOVEMBER , 19 84 SECOND READING, PUBLIC HEARING AND ADOPTION ON THE _ 20TH DAY OF DECEMBER 19 84 FINAL PUBLICATION ON THE 27TH DAY OF DECEMBER 01 19 84 . ATT S Lew Scanlan Deputy Clerk & Recorder APPROVED AS TC FORm : vLih4� J.7 ...GL omas Fenton Smith County Attorney 2 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By. Michael Kins ey, Chairman *he Aspen'Times • Box E Aspen, Colorado PROOF OF PUBLICATION STATE OF COLORADO ) ss. County of Pitkin ) Copy of Notice ORDINANCE NO. OR-21 Series of 19M I, William R. Dunaway do solemnly swear that AN ORDINANCE: AUTHORIZING THE DIS. POS'lTltiNBYDEE:DTOTHECITYOFAFPE:N OFINXI'E:RRUM NAPPI*RTENANTTOREAL PR01 E:RTY ANNVXE:D BY T I I E CITY OF Publisher I am the of THE ASPEN TIMES; ASI'F:N AIMOINING LOT 7, SUNNY PARK NOR•111 StIBDIVISION AND RLl)nIRIVG THAT THE WATER RIGI ITS DEED BE AVAII, that the same is a weekly newspaper printed, in whole or in part, AISLE; FOR 1'1 LLIC INSPECTION DURING and published in the County of Pitkin, State of Colorado, and has REGULAR Bl'SINE:SS HOURS ATTHE CLERK AND RECORDER'S OFFICE UNTI1. THE a general circulation therein; that said newspaper has been pub- EFFECTIVE DATE; OF THIS ORDINANCE llshed continuously and uninterruptedly in said County of Pitkin, WHEREAS, the City of Aspen, Colorado, has for a period of more than fifty-two consecutive weeks next prior annexed certain real property owned by the Unin- tyofPitkin•Colorado.whichpropertyismorefully described on the Exhibit "A;" to the first publication of the annexed legal notice or advertise- and a Board WHEREAS, the Brd of County Commission- ment; that said newspaper has been addmitted to the United States ers of Pitkin County. Colorado, has determined that it is in the best inlerestsoftheCounty that the mails as second-class matter under the provisions of the Act of real property be annexed and appurtenant water March 3, 1879, or any amendments thereof. and that said news- rights be deeded to the City;-• NOW, THEREFORE, IIE IT ORDAINED: is a weekly newspaper dul qualified for publishing legal paper YY a P g g That the water rights appurtenant i the annexed coal propert�y be deeded to the City of notices and advertisements with the meaning of the laws of the dentic. I totheattached Exhibit lt Claim )"A "i that th State of Colorado. Chairman of the Board of County Commissioners of Pitkin County, Colorado, be authorized and directed to execute and deliver a Quit Claim Dred to the City upon the effective date of thiv Ordi. That the annexed legal notice or advertisement Was published nance in a form identical to the attached Exhibit In the regular and entire issue of every number of said weekly A;" and that true and correct copies of Exhibit "A" be available for public inspection during re lar business hour. 1 at the Clerk and Recorder's Office from a date sari Breading until the effective newspaper for the period of consecutive. insertions; and of Ord FIRST READING AND SETT FOR PUBLIC that the first publication of said notice was in the issue of said HEARINGONTHE27THDAY'OFNOVEMBER, 1984, SECOND READING, PUBLIC HEARING AND December 2% $[� newspaper dated A.D., 19 _ and that ADOPTION ON THE 20TH DAY' OF DECEM. ' BER, 14H4. the last publication of said notice was in the issue of said news- FINAL PUBLICATION ON THE 2717H DAY OF DECE,%IBER, 1984. BOARD OF COUNTY COb1MI.SSIONER.S paper dated A.D., 19 OF PITKIN COUNTY. COLORADO By: Michael Kinsley, Chairman ATTEST: Lew Scanlan Dcp utv Clerk & Recorder AI'I'ROVED AS TO FORM: •(/ Thomas Fenton Smith County Attorney Published in the Aspen Times December 27, 19M. Subscribed and sworn to before me,. a notary public in and for the of ty of Pitkin, State of Colorado this / day of GL A.D., It \ 14 Notary Public 61 My commission expires �' -I kt-- 11 - - �t !I - II — v _ ;' 4i +��?r+'4a �•.�;lrrls' � t� f�' } !y� �' •��: wf 'r > i'A .�i�*,,. r' + v'"•fix J .I II •"�' I i. _ � _ `_. .-•i;' .. t� �?'-0 sR. 'e4 rvfF,f NYt�^� �X'''7i..����`"'.�yr�,f�'�F"`- x �C� _ CASELOAD SUMMARY SHEET' PITKIN COUNTY Is (9>b% CASE NO. PWA -J STAFF: PROJECT NAME: li7rd? APPLICANT:,T, �;i�Ltt�%. Phone: REPRESENTATIVE: /��}% 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) 1. General Submission ($1,690.00) 2. Detailed Submission ($1,400.00) 3. Final Plat ($ 700.00) III. S� IAL REV�W//REZOIINING (2 step) ($1,260.00) IV. SPECIAL REVIEW (1 step) ($ 700.00) V. SPECIAL APPROVAL (1 step) ($ 700.00) �, 1. Employee Dwelling Unit (No Charge) 2. 1041 Hazard Review 3. Other: P&Z MEETING DATE: BOCC MEETING DATE: REFERRALS: County Engineer County Attorney Building Dept. Environmental Health Housing Director Fire Marshall County Manager County Envir. Coord. School District Snowmass Village FINAL ROUTING: County Engineer County Attorney Other FILE STATUS AND LOCATION: DATE REFERRED: Aspen Consol. S.D. Colo. Div. of Hwys (Glenwood) Colo. Div. of Hwys (Grd. Jctn) Water District Mt. Sopris Soils Aspen Water State Planning Office Holy Cross Electric U.S. Forest Service Colo. Geologic Survey Div. of Water Resources Division of Wildlife Rocky Mtn. Natural Gas Water Conservation Board Mountain Bell Fed. Aviation Admin. Trails Director Other: Other: DATE ROUTED: Building Dept. Environmental Health Housing Director Environmental Coordinator so tt Aspen/Pit 130 s aspen; Patrick Dobie Pitkin County Engineer Pitkin County Court House 506 E. Main Street Aspen, CO 81611 Dear Pat: nning Office `-street 81611 October 18, 1984 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, N-a� Glenn Horn Planner cc: John Eldert Bill Tuite Alan Richman I pitkin county 506 east main street 7 aspen, colorado 131611 D- M E M O R A N D U M W ---------- OCT i 61984 TO: Glenn Horn, Planning FROM: Ron Thonpson, Assistant County Engineer — .----.-.-_--___ DATE: October 11, 1984 PE: Subdivision Exception - Sunny Park North Lot 7 Per your letter of October 3, 1984 I have attached: 1) Proof of ownership 3) Subdivision Exception plat showing existing, access to Lot 7 4) Please be aware a driveway from County Fbad tt21 Smuggler Nbuntain Road is existing to the new Lot 7 5) Pat Dobie apparently is not interested in forwarding the $6 80 fee to be waived. pitkin .county 506 east main street aspen, colorado 61611 September 20, 1984 Glenn Horn Aspen/Pitkin Planning 130 S. Galena Aspen CD 81611 Dear Glenn: Pitkin County is requesting a subdivision exception for 6,900 square feet of Lot 7 of the Sunny Park North Subdivision. This parcel is to be used for construction of Park Avenue Loop. The County will be adding 6,900 square feet from the Southeast corner of the Centennial Mollie Gibson Park property to retain the lot at its original size. The added 6,900 square feet will be annexed to the City in the existing zoning of R 15A PUD. The parcel will not be large enough for a lot split, there will be no increase in density as the lot will be restricted to a single family house. A thirty foot access easeirent from County road number twenty-one (21) , Smuggler :fountain Road, will provide access through Mollie Gibson Park to Sunny Park North Lot 7. The driveway from the County road to the lot line will be constructed by the County as a part of the Mollie Gibson Park construction. 'Ihe County purchased Lot 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. The adjusted lot provides a better building lot and reasonable access, As is, Lot 7 is inaccessible because of the steep bank and Salvation Ditch adjacent to Park Circle. The adjustment provides an adequate building site which will require little earthrmving. As a local public government, we are requesting the fee be waived. Sincerely, Patrick Dobie County Engineer pitkin county 506 east main street aspen, colorado eisli D -- SEP ?0 i 94 J� MEMORANDUM TO: Glenn Horn Jay Hann and FROM: Ron Thomson DATE: September 20, 1984 RE: Sunny Park North Lot 7 Attached for your preliminary review are prim and maps for the Sunny Park North Lot 7 lot line adjustrmnt, subdivision exception and exemption and city annexation. Please review and return ccnvents to rre by Tuesday rrorning. If I do not hear from you then I will forward the formal application. Thanks. I rulu I2 ►. 3 a 5 097 s 7 a $2,893.50 I I�.Y II ITV AT N[ ffU[ [ lIA•IIITV AT 1N0 NAY[ [{CNOW CNAN.i[------- A •T -• N A CN NO. ..T.. WON. ANG[ I 9 10 11 12 13 FIRST SPECIAL CHARGE (CREDIT) SECOND SPECIAL CHARGE (CREDIT) THIRD SPECIAL CHARGE (CREDIT) TY - 40V NT TY.<( MOUNT TY.[ AJMOUNT 14 1110.2 is $1,446.75 17 110.1 18 S1,750.00 19 20 �,-_ ►� � -..a ., Al i'� ALTA OWNER'S POLICY —Amended 10/17/70 / CS/mlp SCHEDULE A Order No.: 11789.C-31 Policy No.: O 538413 Date of Policy: November 8, 1983 at 8tOO a.a. Amount of Insurance: 33,500,000.00 1. Name of Insured: THE BOARD OF COUNTY COWISSIONERS,tPITM COUNTY, COLOIIADO 2. The estate or interest in the land described herein and which is covered by this policy is: Fee Simple 3. The estate or interest referred to herein is at Date of Policy vested in: THE BOARD OF COUNTY COt41fISSIONERS, FITXIN COUNTY, COLORADO 4. The land referred to in this policy is described as follows: See Exhibit "A" attached hereto. AUTHORIZED COUNTERSIGNATURE :ODE 0012 0 Page 2 CO;,Y FOR ISSUING OFFICE S'I'EWilk. R'I' 'TITLE; OVARANTY COMPANY /, C ),I.nuai.on Fonn ?OJ n I j" 11789 C-3 • • Attached to and made a part of Stewart Title Guaranty Company Policy No. 0 538413 Continuation of Schedule A, No. 4 F'TEIBIT "A" Phase IV A Parcel of land situated in the NW114 of the SE1/4 (also known as Lot 17) of Section 7, Township 10 South, Flange 84 West of the 6th P.H.. Pitkin County, Colorado, being more fully described as follows: Beginning at a point whence a 1954 Brass Caj- set for the center quarter corner of said Section 7 bears: N. lA5'08" W. 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. 34'18'25" E. 656.71 feet: thence S. 24'04'01" W. 24.43 feet; 0 thence S. 12'38'16" W. "O� eet; thence S. 00*01'17" E. .02 feet: thence S. 07'02'15" W. &9:2 feet; thence S. 00'15'08" W..fe t: thence S. 17'24'18" E. 1 .I0 t; thence S. 06'35'21" W. 49. eet; thence S. 17'05'17" E. 27.83 feet; thence S. 61'04'02" E. 76.60 feet: thence S. 51'37'00" E. 93.33 feet; thence S. 47'37'25" E. 89.70 feet; thence S. 40'28'10" E. 59.52 feet; thence K. 88'55'29" W. 311.16 feet. thence H. 54'34`55" V. 64.87 feet: thence H. 89'25'42" W. 98.00 feet; thence H. 81'23'42" V. 183.42 feet; thence N. 63'44'45" V. 168.04 feet; thence S. 89'57'22" W. 304.34 feet; thence H. 78'25'15" E. 35.66 feet; thence N. 00'40'00" E. 54.30 feet; thence S. 89'20'00" E. 125.00 feet; thence H. 00'40'00" F. 88.00 feet; thence S. 89'20'00" E. 74.00 feet; thence N. 02'38'00" W. 60.10 feet; thence N. 89'20'00" W. 27.40 feet; thence N. 00'40'00" E. 170.82 feet; thence S. 86'53'00" W. 83.61 feet; , thence S. 62*31144" V. 96.07 feet; thence A. 89'20'00" W. 103.01 feet; thence N. 00'53'55" E. 42.93 feet; thence N. 86'53'00" E. 43.89 feet: thence N. 00'30'00" E. 101.89 feet; thence S. 89'30'00" E. 46.67 feet; thence N. 00'30'00" E. 480.00 feet to the Point Of Eeginning. Page 2A STEWART TITLE AGENT'S FILE COPY OQARANTT courANT i89 C-3 lied to and made a part of Stewart Title Guaranty Company Policy No. 0 5384113 nuation of Schedule A, No . 4 F.XV11317 "A' (continued) Less and except that certain Parcel described as follows: A parcel of land situated in the Southeast 1/4 of Section 7, Township 10 South, Raage 84 West of the 6th P.2?., Pitkin County. Colorado, being more fully described as follows: Beginning at a point whence a 1954 Tirass Cap set for the center 1/4 corner of said Section 7 bears N 19'15'09'- W 250.79 feet: Thence S 88'48'36" E 139.00 feet: Thence S 01'02'42" W 316.81 feet - Thence N 88'48'36" W 135.99 feet- 2'hence N 00'30'00" E 316.83 feet to the point o be nning. ParUri Lone Pine L.S.M.S. No.C.4J28as - asin Patent recorded in Book 175 at Page 168. ?collie Gibson U.S.M.S. described in Patent recorded in Boot: 175 at Page 171. EXCEPTLNG FROM said Lone Pine U.S.M.S. No. 1910 AX and `tollie Gibson U.S.M.S. No. 4281, that portion thereof described in the following Deeds recorded in Book 185 at Page 492, in Boob: 197 at Page 82. in Book 206 at Page 234, in Book 206 at Page 301, and in Book 215 at Page 111. Fla U.S.H.S. No. 2120 as described in Patent recorded in Book 28 at Page 1. EXCEPTL*, FROM said Ema U.S.M.S. No. 2120 that part thereof lying Northeasterly of the South end line extended of the Smuggler, U.S.M.S. No. 1656. Parcel E All that part of Lot 17, Section 7. Township 10 South, Range 84 Nest of the 6th P.K., lying Northerly and Easterly of the Salvation Ditch and Southerly and Westerly of the Della S-Smuggler Compromise Southerly End Line as described in Deed recorded in Book 97 at Page 80 and all of Lot 17 in Section 7, Township 10 South, Range 84 West of the 6th P.K. lying Northerly and Easterly of the Tract conveyed by instrument recorded in Book 131 at Page 425. EXiCEPTING THEREFROM any portion of the Esaoa Lode Mining Claim U.S.M.S. 2120. 2B Page _ STENVART TITLE AGENT'S FILE COPY OOARANTY COMPANY Attached to and made a part of Stewart Title Guaranty Company Policy No. 0 538413 Continuation of Schedule A, No. 4 Exhibit "A" (continued) Parcel F A part of Section 7, Township 10 South, Range 84 West of the 6th P.M., lying within Tract A of East Aspen Townsite Addition and described as follows: Beginning at corner No. 10 of said Townsite Addition, which point is on the Westerly side line of the Henry Clay Lode Mining Claim; thence S. 34'47'43" W. along the Westerly side line of said ry Clay Lode 131 feet; thence S. 66*09' E. 418.75 feet to a point on line 48-1 o d Tovnsite Addition which bears: N. 37'48'15" E. 312 fee r corner 48 thereof; thence H. 37'48'15" E. 1186.12 feet to corner 1 f said T site Addition; thence traversing the pezimeter of s site lion as follows: S. 5�6'34" W. 400.25 feet to Corne NO. 2: N. 33'53'17" W. 160.8 feet CorneU�4� S. 38'O1'13" W. 50.6 f to ornerH. 55'12'17" W. 158.4 f et to Corne S. 34'47'43" W. 285 f to r No. 6: S. 55'12'17" B. 50 feet o Co r 140. 7: S. 34'47'43" W. 20 feet to er No. 8; X. 55'12' 17" W. 50 feet to Corner No. 9; S. 34.47'43" W. 453.7 feet to Corner No. 10, the Point Of Beginning. EIZEM2W FRCH the above described Tract of land in said Tract A of Fast Aspen Townsite Addition that portion thereof described in the Deed recorded in Book 208 at Page 262, in Book 275 at Page 112, and in Book 279 at Page 10. Lose and except that certain parcel as described in Lease and Option Agreenent between Top of Aspen, Inc. and Snualar U"net Club. Inc., recorded in Book 344 at Page 388 and score particularly described as follows: ♦ tract of land situate in the S h of Section 7, Township 10 South. Range 84 West of the 6th Principal Heedian, Pitkin Couaty, Colorado. Said tract is part of Tract A, Aspen Township Addition and is more fully described as follows; Beginning at corner No. 5 of said Tract A; Thence S 34'47'43"W M AO feet along line 5 6 of said Tract A to corner 6 of said tract; Thence S 55'12'17" E 50.00 feet along line 6 7 of said Tract A to corner 7 of said Tract; Theme S 34047'43" W 20.00 feet along line 7 8 of said Tract A to corner 8 of said Tract; Thence H 55'12'17" v 50.00 feet along Line 8 9 of said Tract A to corner 9 of acid tract; p,q, 2C STENVART TITLE AGENT'S FILE COPY GUARANTY COMPANY 11 go�Fr 203-A-T rcT • Attached to and made a part of Stewart Title Guaranty Company Policy No. 0 538413 Continuation of Schedule A, No. 4 Exhibit "A" (continued) Thence S 34'4743" H 171.25 feet along line 9 10 of said Tract A to the most northerly corner of Alpine Acres Subdivision; Thence S 48'50'17" E 411.65 feet along the northerly boundary of said sub— division to a point on line 2 3 of the Mollie Gibson Lode, N.S. 4281 An.; Thence N 37'49'07" E 467.55 feet along said line 2 3; Thence N 43'54'35" V 280.81 feet to corner 4 of said Tract A; Thence W 55'12'I7" V 158.40 feet along line 4 5 of said Tract to the point of beginning. County of Pitkin, States of Colorado. 0 0 page 2D STEWART TITLE AGENTS FILE COPY ''' oaARANTT COMPANY 11789 C-3 SCHEDULE B Policy No.: 0 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 public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Taxes 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 water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 7. Right of the Proprietor of a Vein or Lode to extrac and remove his ore therefrom, should the same be found to penetrate or intersec t e premises hereby granted as reserved in United States Patent recorded Decenb 24, 1902 in Book 55 at Page 116 as Reception No. 67875. 8• Reservations as set forth in the vari s Patents of rec rd which are as follows: A. That the premises gr t d with the ea ption of the surface may be entered by the proprieto o any other ve , lode or ledge, the top or apex of wh lies outsid o the boundary of the granted premises should the same s dip be fou o penetrate, intersect or extend into said granted pr ses for the p se of extracting and removing the ore from such other v , lode or ledge. B. That the pr ses granted shall be subject to any vested and accrued water rights for raining agriculture, manufacturing or other purposes and -rights to ditches and reservoirs used in connection with such water rights as may be recognized and acknowledged by local laws, customs and decisions of courts, C. That in the absence of necessary legislation by Congress, the Legislature of Colorado may provide rules for working the premises involving easements, drainage and other necessary Means to complete development of the granted preRiises, as set forth in Patent recorded May 20, 1949 in Book 175 at Page 168 as Reception No. 96344,and in Patent recorded Xay 20, 1949 in Book 175 at Page 171 as Reception No. 96346. ; 9. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded August 29, 1958 iu Book 185 at Page 69 as Reception No. 106874. 1613 STENVART TITLE Paw GUARA14TY COMPANY AGENT'S FILE COPY ,► uJlOn Form 203-A f 117 • • 1I789 C-3 Attached to and made a part of Stewart Title Guaranty Company Policy No. 0 538413 Continuation of Schedule B 10. Terms, conditions and obligations as contained in agreement between Covenhoven Mining Transportation and Drainage Tunnel Company and The Bushwacker Mining Company recorded December 6, 1890 in Book 80 at page 422 as Reception No. 39017. (affects phase IV) 11. Terms, conditions and obligations as contained in agreement between Cowenhoven Mining Transportation and Drainage Tunnel caarpany and The Della S Mining Company, recorded February 2, 1891 in Book 80 at page 580 as Reception No. 40272. (affects Phase IV) 12. Terms, conditions and obligations as contained iTr ract d agreement between Cowenhoven Mining Transportation and DraTunnel any and the Pontiac Mining Company, recorded March 29, 18Book 114 t page I as Eeception No. 46533. (affects phas 13. Terms, conditions and oblige ons as ontaine iract between Covenhoven ?lining Transportation and rainage el C any and TheArkanaaw Consolidated Mining Company, recorded April 20, 189 ok 92 at page 66 as Reception No. 40920. (affects pha a IV) n 14. Ters, conditions and oblig ns as set forth 1n Quit Claim Deed from John R. William to David R.C. Brown recorded March 18, 1885 in Book 24 at page 59 as Reception No. 10059. 15. Tema, conditions, restrictions and obligations as set forth in easement agreement between Della S. Consolidated Mines Company and James Harkalm3as and Romoua Markalunas recorded May 18, 1954 in Book 207 at page 109 as Reception No. 117748. 16. Ter=, conditions, restrictions and obligations as set forth in easement agreement between Top of Aspen, Inc, and Trice International, Inc. recorded January 9, 1979 in Book 361 at page 306 as Reception No. 210659. 17. Terms, conditions, obligations and restrictions as set forth in easement and agreement between Top of Aspen, Inc. and Mitchell Development Corporation of The Southwest recorded October 23, 1978 in Book 356 at page 952 as Reception No. 208325. (affects parcel E and phase IV) 18. R¢sarvation of access and utility agreement as set forth in Deed from Top Of Aspen, Inc. to Mitchell. Development Corporation of The Southwest recorded October 5, 1981 in Book 415 at page 372 ap Reception No. 236145. (affects phase IF and parcel E) 19. Terms, conditions, restrictions and obligations as contained in agreement between the Board of Comudesioners of the County of Pitkin, and Top of Aspen, Inc. recorded May 26, 1971 in Book 255 at page 540 as Reception No. 145818 STENVART TITLE AGENTS FILE COPY GUARANTY COMPANY • 3 0 Attached to and made a part of Stewart Title Guaranty Company Policy No. 0 538413 Continuation of Schedule B and as s+odified or amended by settlement agreement between the Board of County Commissioners of Pitkin County and Jay R. Kuhn recorded March 30, 1981 in Book 406 at page 294 as Reception Ho. 231825. 20. Terms, conditions, obligations and agrecsents as set forth in Resolution No. 83-20, Board of Coumty Cosaissioners of Pitkin County, Colorado, recorded March 22, 1983 in Book 442 at Page 320 as Reception No. 248844.. 21. 2erns, conditions and restrictions as act forth in easement agreement between Top of Aspen. Inc. and Silver King Associates, recorded J 9, 1979 in Book 361 at Page 310 as Reception No. 210660. (affects and Parcel E) 72. Terms, conditions, restrictions and obligations forth Easement Agreeat bsri*em Silver Ling Investments, Ltd. County f Pitkin recorded November 7, 1983 in Book 455 155 Reception No. 254772. 23, Terms, condttions,�restrictions and bligati s as at forth in Easement recorded November 7, 1Gon 45 at Pag 166 as Reception No. 254775. 24. Reservation of perpetuusive easement permitting ingress and egress to and from, and instatilities to a parcel described therein, a: set forth in Deed r7, 1983 in Book 455 at Page 194 as Reception No. 254780. Page 3B AGENTS FILE COPY AVIUMIZED COUNTERSIGNATMV STEWART TITLE GUARANTY COMPANY PARK CI �ICLE LOT • .� PITKIII COUNTY PURCHME REQUISITION EXCEEDING $5,000 Department: Road & Bridge/Engineering Vendor: Alpine Bank ` c/o Mr. 1•I1111nm Hodges 86 S. 3rd St. Carbondale CO 81623 Ship To: Approval /D'a to: Department Head Pod Hcad Manager (} $10,000) j BOCC (> $25,000) finance i Shipping Charges:. El Prepay - FOB Aspen ❑ Prepay - FOB plant ❑ Collect Order to be executed by ❑ purchase order, ❑ contract, ❑ other - Special instructions for finance ❑ Firm prices; notify. of any price discrepancy ❑ Invoice review required before payment aoproval ❑ Construction contract: withhold final payment until advertised notice thereof and clains cleared per CRS, 1973, 38-26-107 ❑ Other - Account Number Quantity Descrir)tion Unit Price Total Lot 7, Sunny Park $20,000.00 -North Subdivision Option to Purchase $78,302 payable in 1984 to close. I _I I �rtmcnt: G *^ E►.1C, , r', L G )e I Po C� roject:�m V �� Ir ✓ 7C'DAC� a P�,�,sE F�uctcict467 : roject CorrT=ent: R.D, � ?fl-0ic `� ✓C �� Item Budget: 2-0, D o o 1.11!Ppre-Bid - SfXJPCT•. SI-T,ixCTTai: Indicate the method to be u- lccl: Competitive Sealed Bidding 3-202 Multi -step Sealed Bidding 3-202(8) Competitive Sealed Proposals 3-203 is Sole Source 3-205 Emrergency 3-206 Other - Exempt from Procurement Code. 1-103 NOTE: KleGo-riAr`Q �vYClf� e .,-- APPROVAL: FnMNCE Post -Bid: •W9 Method Used: mite o4ra-f;74_.( PUYC L-4-- Bid Results : P.P. e I a, ♦ R . ( r !i 0 Advertisement for Bids Requests for Proposals Instructions to Bidders Bid Form Notice of Award COMPLIANCE ==ST Contractors Qualification Statement Power -of Attorney Proof of Publication Specifications Bid Summary Bid Bond I r t/Other NOTES : lc r� C-C r_r �07 S Q-1 + i o e- �- Location of Documents: Zype of Contract to be used: Lump Sum shut Price Stipulated sum Subcontract AIA Standard Form Purchase Order Only Cost Plus Fixed Fee .Other NOTES: C' c ��'� , c),,4 l�ti.�• APPROVAL: FINANCE POD COrTI'R11CT - Vendor: A (P i N e ti 1 N Type of Contract Used:_( ; y Location: Contract Amount: Or')- 0. 0 0 J 4 I — 9�, D OQ 4— C --r Adjustrents or Corrections from Bid: �(X O'T,TNX't; C11F=T,T.. r -VDITTON ; : zifications ::r.iption of [cork Location Bonk; & Insurance Contractors resnonsibility Work by Others Owners responsibility Owners status Changes in work Changes in Contract Price Changes in Contract Time Warranty & Guarantee Connection Removal or acceptance of defective work Suspension of wort: & germination Arbitration �redies Method of Appeal Other AG=-E. Tr DOME2,7I'S : Agreement Payment Bond Performance Bond Notice to Proceed Addendum Order NOTES: Location of Documents: List of At+-ac3,r^-!nts: APPROVAL: County Manager Pod Head Department Head Finance SUPPLE ?UrARY i (SNERN, C(7NDTTTMJ,", : Insurance Tax I xcrTv t Status Fi na 1 Paynx,n t . Completion Time Liquidated Damages Owners Representative Safety R"uire^nnts Laws & Ordinances Waiver Protection of Property Damage of Construction Pre -construction conference Bidder Experience Untried Process Bond Special Provisions Audit & Inspection of Records Prohibited Interest Frnual Employment Opportunity fl nority Business Enterprises Hold harmless Other Change Order. Request for Payment psethod of Payment Other Xr The printed yurtIona of lhl. form approve d by the Colo r. du Itul E.l.l. (-omml..lon (SC 26-12.77) For use In sale of VACANT LAND ONLY RECEIPT AND OPTION CONTRACT (VACANT LAND) June 7 19 _8 3 RECEIVED FROM Pitkin County Purchaser the sum of $—Qf �00-:_�� in the form oC cashier 1 s check F, rk -Bank — to be held by�1jle_84721}C� CarbondalE'�_Qz7rerl�)Cngalag—Frir�g� tom{ s earnest money and part payment for the following described real estate situate in the County of Pltkln -., Colorado, to wit: Lot 7, SUNNY PARK NORTH SUBDIVISION with all easements and rights of way appurtenant thereto, which property purchaser agrees to buy upon the following terms and conditions for the purchase price of $ 9S . n. n00- OjD , payable as follows: $ -20-,-000.00 hereby receipted for, $ 79 `nnn _ nn plus interest at 9% frcm date of acceptance of this contract by Buyer to date of delivery of deed, payable at time of closing. 1' a current commitment for title insurance policy in an amount equal to the purchase price, at seller's aPOWQfs`(IXexpense, shall be furnished the purchaser on or before 90 dayG frl�n date of accept =*�pG— seller will deliver the title insurance policy to purchaser after closing and pay the premium thereon. 2. Title shall be merchantable in the seller, 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 shall execute and deliver a good and sufficient Clerx?rAi warranty deed to said purchaser on iTcilllinni 19-$_4, or, by mutual agreement, at an earlier date, conveying said property free and clear of all taxes, except the general taxes for 19-a3 payable January 1, 1910 and except those matters l of record Such as re and ex�cpi�ns; eien�erlts, rigY�ts of way and*� free and clear of all liens for special improvements now installed, whether assessed or not; free and clear of all liens and encumbrancesXXZN X **restrictions; agreements and subject to building and zoning regulations and the following restrictive covenants: Sunny Park North Subdivision restrictions or covenants, if any. a. General taxes for the year of closing shall be apportioned to date of delivery of deed based on the most recent levyand the most recent assessment. Prepaid rents, wnter rents, sewer rents, and interest on encumbrances, if any, and SLm y Park North Subdivision assessments, if any; shall be apportioned to date of delivery of deed. *ante of this contract by Buyer No. SC 26.12.77. R—eipl.nd Option Contrart(V.r.nl Undl—llr.df ird Pubh.hinp rn., 18411 S1,,,1 Nlr..t, 11_,, rnlo. (57:1 R(II1F-I-70 0 00 010 The hour and place of c•losing..,hall be as designated by Seller Possession of premiscw slucll be delivered to purchaser on__ January 2 1984 subject to the following leases or tenancies: None 6. In the event the premises are substantially damaged by fire, flood or other casualty between the date of this agreement and the date of possession or the [late of delivery of deed, whichever shall be earlier, this agreement may, At the option of the purchaser herein, be declarer) null and void and any deposit herein made shall be immediately returned to purchaser. 7. Time is of the essence hereof, and if any payment or any other condition hereof is not made, tendered or performed as herein provided, there shall be the following remedies. In the event it payment or any other condition hereof is not made, tendered or performed by the purchaser, then this contract shall be null and void and of no effect, and both parties hereto released from all obligations hereunder, and all payments made hereon shall be retained on behalf of the seller as liquidated damages. In the event that the seller fails to perform any condition hereof 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 damages. 8. Except as stated in paragraph 2, if title is not merchantable and written notice of defect(s) is given by the purchaser or purchaser's agent to the seller or seller's agent within the time herein provided for delivery of deed and shall not be rendered merchantable within 30 days after such written notice, then this contract, at purchaser's option, shall be void and of no effect and each party hereto shall be released from all obligations hereunder and the payments made hereunder shall be returned forthwith to purchaser upon return of the abstract, if any, to seller; provided, however, that in lieu of correcting such defect(s), seller may, within said 30 [lays, obtain a commitment for owner's title insurance policy in the amount of the purchase price reflecting title insurance protection in regard to such defect(s), and the purchaser shall have the option of accepting the then existing insured title in lieu of such merchantable title. The seller shall pay the full premium for such owner's title insurance policy, and the abstract, if any, shall be returned by the purchaser. 9. Additional provisions: Purchaser, by the execution of this contract, hereby covenants and represents to the Seller uand and honor this contract, and accordingly, bind itself toWthisacontract.te execute 10. If this proposal is accepted by the seller in writing on or before — July 11 19 8e this instrument shall become a contract between seller and purchaser and shall inure to the benefit of the heirs, successors and assig ns of such parties. Purchaser e AR= County o Dat ty Board of County Commissioners By: . Purchaser Chairman Date acceptsSeller • proposal f•.06., O: ,O4fA i 1TJJJJ'9 •Op ,19A•>.1 •>e .► 'f�• f D f f• t f•• YAY�u •. ♦f •• .A •7 OAq .�O r >O f•+>DO O •D A OA •►•• f b f•.uYi♦ •• f u• s Vfee •V �1 1•1 f � � 9. O f • O ► > • > A O' f J • d 0 J r> •> b f s ► u � • .O.O L.f11 s. •l:f •f f. •>f QA f••f•AO ► >Y f. . President Seller Cl Seller Purchaser's Address Pi in CoUrLty C UrthC Seller's Address —�126 Highway 133 Carbondaae, C_ olorao,, 816� WILLIAM V. HODGES. III ATTORNEY AT LAW 66 SOUTH THIRD STREET CARBONDALE. COLORADO $1623 (303) 96J 3777 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 �I it v i l[-'111FE TITLE INSURANCE Company of Dallas 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, as 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 expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: I . 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 cny to be signed and sealed by its duly authorized officers in facsimile to be valid, as of Date �a►."cE �5 of Policy shown in Schedule A. onry when it bears an authorized, original countersignature. W :+Z SEAL : o PreNdvrt A Ch,01 Flecutiw Office, lr_z� -56&� • Attest Executive Vice^esident, Secmwr and r,easu,e, i Auth Ht xeql Connte,s,gnatu,e l ASPEN TITLE COMPANY, LTD. 530 East Main Street Aspen, Colorado AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY —FORM 8-1970—AMENDED 10.17.70 Forn,wrly DALLAS TITLE AND GUARANTY COMPANY FORM 1M ISM 1077H I f r A �,r,,%OUN fY:__ _092 G. SIMUL. WI rl I NUt. ,-,4: —_ rf').STAT. KIY TYPE: _SAL.t RIOR 11, PRIOR POLICY NUMDLR:R EIA.ODE: __0 3"___2G7.40 REMARKS: RISK zo3,50 Code Gruss Prem. SPECIAL DR/CR CODE/5: �--- Gross Prcm Codc Gros' s Prc^�• Code �Grwl Prem. Code (Gross Prem. Code GF No. A82-301 Date of POIicY: September 299 1982 at 9:20 A.M. Amount of Insurance S 100,000.00 Name of Insured: ROARING FORK BANK The estate or interest in the land described herein and which is covered by This policy is: (a tee, a leasehold, etc.) FEE SIHPU. The estate or interest referred to herein is at Date of Policy vested in: ROARING FORK BANS: ., The land referred to in this policy is described as follows: Lot 7 SUNPIY PART: NORTii SUBDIVISION Pitkin County. Colorado ' AMERICAN LAND TITLE ASSOCIATION OWNt ra S POLICY, FORM D 19 AMENDED 10-17-70 FOAM IQOA G[N .SN, I POLICY NO. 0 043023 File No. A92-301 7-rhis Pollcy does not insure against loss or damage by reason of the following; ights 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 inspec- tion of the premises would disclose and which arc not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. The lien of any and all unpaid taxes and assessments. 170 examination has been made by Company_ 6. Reservations and exceptions as contained in United States Patent. recorded May 20, 1949, in Book 174 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 ocher vein, lode, or ledge, the top or apes, of wlitch lies outside of the boundary of said granted premises, should the same in its dip be found to penetrato, intersect or extend into said pre-misea for the purpose of extracting and removing the ore from such other vein, lode or ledge. 7. Easements, rights of way and restrictions, which do not containea forfeiture or reverter clause, ag set forth in Deed recorded March 30, 1964 in Boole 206 at Page 301. 8. Terms, conditions and obligations of water agreement between John L a Herron°and Royal Lar.ctI� Corporation and Anthony Beruman, recorded November 20, 1964 in Book 210 at Page 206. 9. Any tax, assessments, fees or charges by reason of the inclusion of the subject property i:� Aspea Fire Protection District, Aspen Metropolitan Sanitation,Distr.ict and Aspen Valley liospttj Distract. 10. '.Terms, conditions and restrictions as contained in Easement Agreement by attd between Jack Jenkins.,and Salvation Ditch Company, recorded September 16, 1977 in DooL- 335 at Page 80. AMERICAN LAND TITLE ASSOCIATION OWNER'S PCLICY, FORM a 1970 AMENDED 10-17.70 / .NM 1M (COI SO-COULE ! 35H 4 YV11 i , State Documentary Fee $ WARRANTY DEED 1 �I ALPINE BANK, CARBONDALE, a Colorado banking corporation, formerly known as'ROARING FORK BANK, whose address is 0326 Highway 133, o Carbondale, Colorado, 81623, for the consideration of One Hundred and valuable considerations, in hand paid, Dollars and other good 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, with all its app urtenanc d warrants title to the same, subject to: Reservations and excep i as contained in the United States Patent recorded in Book 174 at a 71 of the Pitkin County records; Easements, rights of way and restrictions as set forth in Deed recorded in Book 206 at P 301 of the Pitkin County records; Terms, conditions and g Count tions of water agreement recorded in Book • n reco"rds; 210 at Page 206 of the Pa Y . Any tax, assessments, fees or charges by reason of the.inclusion of the subject property in Aspen Fire Protection District, .Aspen Metropolitan SanitationWe t and Aspen Valley Hospital District; Terms, conditions and ictions as contained in Easement Agreement recorded in Book 335 at80 of the Pitkin County records; General taxes for 1983, due and payable.in 1984. - SIGNED this da , 1983. ALPINE BANK, CARBONDALE, ' a Colorado banking corporation, BY: President 01 Attest:, , Secretary STATE OF COLORADO ) _ ss. .COUNTY OF GARFIELD ) The foregoing Warranty Deed was acknowledged before me. this day of 1983, by as President and as Secretary of Alpine Bank, Carbondale, a Colorado banking corporation. Witness my hand and official seal. Notary Pu 11G Address: My commission expires: May 10, 1983 Mr. Pat Dobie Pitkin County Engineer 506 East Main Street Aspen, CO 81611 .. ..... ... OF THE AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS 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. g rl Pti on of the Er dW!1 : The subject property is a single family building site consisting of approximately 15,000 square feet. Its zoning is R,atSingle dFamily end Residence, and it is currently vacant. It is located of Park Circle cul-de-sac. To the north of the property is a large i approximately 26-acre parcel which is the proposed site for Phase IV of i Silverking. Adjacent on Lot 6 is a duplex; however, the majority of the surrounding neighborhood is improved with multi-familycondominium , 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 I 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. 1 1 i I— i M. A. 1. 1 — AVENUE ASPEN, COLORADO 81611 303/925-8987 CRYSTAL 'PALACE BUILDING • 300 EAST HYMAN AVE �— JI S I_ WWL-re■ i t l I LL II\%J lJ1 tr-%l\VL VVIIIpcilly VI Va1laJ Lot 7, 'Mnny Park North Roaring Fork Bank/Board of County Commissioners Endorsement Attached to and forming a part of COMMITMENT No A83-327 Issued by ASPEN TITLE COMPANY, LTD. USLIFE TITLE INSURANCE Company of Dallas Schedule B-Section 2, Exceptions, 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: Indemnity Agreement from Alpine Bank, Carbondale, formerly known 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, Endorsement 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. J�,Mcr co 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 stated, it neither modifies ! 'SE11Z+o any of the terms and provisions of the policy or commitment and prior endorsements, if any, nor does it extend the effective date of the policy or commitment and prior endorsements or increase the face amount +•'••.ytxr': �o ._t��. thereof. Dated: November 25, 1983 r USLIIFEE TITLE INSURANCE Company of Dallas President 6 Chief Executive Officer Attest. Senior Vice -President, Secretary and General Counsel Issued at Author' ed Countersignature r FORM S 10 20M SETS 181H • 1# 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 proposed 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 this 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 ±,1QO,000 to S11Q.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, ®rser- Mollica, M.A.I. Consultant JOHIGS I'MoIll it 1 l„ odRlm III(. Real Estate Appraisers and Consultants )f FXD0RSE'1ENT .T ' Attached to policy No. Issued by BLA-W TITLE I„S"RANCF CO?tpA:,'Y The Co•.:.pany hereby insures the Insured against loss or damage which the insured shall sustain by reason of the enforcement or attempted enforcement thereof against the land Schedule B. in connection with Item The total liability of the Company under said Policy and any endorsement thereto shall not exceed in the a p y y aggregate the face amount of said policy and F costs which the Company is obligated under the Conditions and Stipulations thereof to . ply. This endorsement, when countersigned by an authorized officer or �! agent, is made a part of said policv as of the policy date thereof and is is subject to the Schedules, Conditions and Stipulations and Exclusions �( from Coverage therein contained, except as modified b ; hereof. y the provisions BLANK TITLE INS U:tANCE Co.%QAr;Y By s" COLM00 Form 110.2 U-11rit i I i LL iiv,�)UII/A(v�-t UOITIJ);ll,y ur U�IllaS Corrfimitment - Id for Title Insurance USLIFE Title Insurance Company of Dallas, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the eslate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed 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 effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. .Schedule JUNE 30, Case No1983 AT 8:00 A.M. A83-327 1 1. Effective 2. Policy or policies to be issued: A. ALTA Owner's Policy Proposed Insured: Amount $ 98,000.00 BOARD OF COUNTY COMMISSIONERS TAX CERTIFICATE OF PITKIN COUNTY, COLORADO B. ALTA Loan Policy Proposed Insured: C. ASPEN TITLE COMPANY, LTD. Inquiries directed to 925-4444 Premium $ 217.32 Amount $ Premium S Amount $ Premium S 5.00 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 (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured, Item (b) Proper 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) Formerly DALLAS TITLE AND GUARANTY COMPANY FORM 105(C0) 10M 1077H T, t�Schedule B—Section 2 Exceptions � Street Address of Property f The policy or policies to be issued will contain exceptions to the following unless the some are disposed of to the satisfaction of tho Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquites of record for 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. 111. Terms and provisions as contained in Option to Purchase recorded June 28, 1983, in Book 447 at Page 767. NOTE: Said exception will be deleted upon satisfaction of Requirement No. 1. 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 shown n Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from habil4for 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 matter, the Company at its 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 committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof. or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate of interest or mortgage thereon covered by this Commitment. In no event shall 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 form of policy or policies committed 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 of the insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this commitment. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by �M!"`�, ,, 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 "Effective Date.'• BEAL`: USLIFE Title Insurance Company of Dallas '' `•.rrw.S •��� Pru,d.nt 6 Chief Executive O/hc.r Attest Executive Vice P,..vd.nt, S.u.nry and rr.au,., AutMw,t.d S,yn,n,u _-- �__-- • Aspen/Pit 130 s a s p e i Patrick Dobie. Pitkin County Engineer Pitkin County Court House 506 E. Main Street Aspen, CO 81611 Dear Pat: it t ing Of f ice treet 81611 October 18, 1984 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, Glenn Horn Planner cc: John Eldert Bill Tuite Alan Richman pitkin county 506 east main street aspen, colorado 81611 MEMORANDUM TO: Glenn Horn, Planning FROM: Ron Thonpson, Assistant County Engdneer DATE: Octc)b--r 11, 1984 FE: Subdivision Exception - Sunny Park North Lot 7 OCT I b M4 Per your letter of October 3, 1984 I have attached: 1) Proof of ocanership 3) S,,abdivision Exception plat shaving existing access to Lot 7 4) Please be aware a driveway from County Road n21 Smuggler MDuntain Read is existing to the new Lot 7 5) Pat Dobie apparently is not interested in forwarding the $6 80 fee to be waived• Aspen/Pitkin Planning Office r� 130 south _ga,lena'stree t a s p e Ior,:a-d_o 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 $6 80 . 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 Glenn Horn Planner GH:jlr pitkin county 5O6 east main street aspen, colorado 81611 September 20, 1984 Glenn Horn Aspen/Pitkin Planning 130 S. Galena Aspen CO 81611 Dear Glenn: Pitkin County is requesting a subdivision exemption for the Southeast corner of that parcel of County land known as Centennial - Mollie Gibson Park. This parcel is 6,900 sq. ft. and will be added to Sunny Park North Lot 7. At the same titre we are subtracting 6,900 sq . ft. from the originally platted Sunny Park North Lot 7 for the purposes of road riot -of -way for Park Avenue Loop. The overall effect of this adjustment is a mire suitable building lot with reasonable access. A thirty foot access easement from County Road number twenty-one (21) , Smuggler Mountain Road, will provide access through Mollie Gibson Park to Sunny Park North Lot 7. The driveway from the County road to the lot line will be constructed by the County as a part of the Mollie Gibson Park construction. The adjusted lot line and adequate access which avoids the steep bank on which the Salvation Ditch is located, inpro%es 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 inproving the resale value of Lot 7. Sin Patrick,Dobie County Engineer PD:sb .�. `�S+Y%':•:e)C• !:2Nix;•.iv;,y:+: c.'.+iSM'<.' .. . I § 20-14 ASPEN CODE § 20-15 (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. 20-15. 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 (f), (i), (k), (1), (m), (o), (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 (Ith) Supp. No. 31 1218 SCHMUESER,L� ENGINEERS & CONSTRUCTORS ASSOCIATES September 17, 1985 Mr. Bud Eyalr Pitkin County Public Works Director 506 East Main Aspen, Colorado P1611 RE: Sunny Park North Subdivision Lot 7 Dear Bud: Enclosed is the approved plat of the Sunny Park North Subdivision Lot 7. This plat has been approved by both County and City. The lot should be ready for sale at this point. Sincerely, SCHMIJESER ASSOCIATFS, INC. QRDnirflps n Project Manager RT:lc/5588 Encl. SCHMUESER & ASSOCIATES, INC. 1512 GRAND AVENUE, SUITE 210 • GLENWOOD SPRINGS, COLORADO 81601 • (303) 945-5468 K&E 19 1154 81552 STATE OF O>LORADO1 S.S. COUNTY OF 'ITKIN STATE OF COLORADOI S S. COUNTY OF PITKIN j PLAN NNIG AND ZONl N1G COMWSSS ON APPROVAL SMUGGLER RACQUET CLUl DD O V V 11 V ER"S CERTfflC!/" TE I, AS THE OWNER OF LOT 7, SUNNY PARK NORTH 5UBDIV- ISION RECORDED AS PI AT IN BOOK AT PAGE —OF THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, HEREBY PUBLI5H THIS MAP OF SUNNY PARK NORTH BOUNDARY ADJUSTMENT AND ANNEXATION. LOT 3%\\%,\"' a THE FOREGC.ING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF__ , 1984 , BY MY COMMISSION EXPIRES WITNESS MY HAND AND OFFICIAL SEAL. NOTARY PUBLIC ADDRESS TITLE STATEMENT THE UNDER:yIGNED, A DULY AUTHORIZED REPRESENTATIVE OF A CORPORATE TITLE INSURER REGISTERED TO DO BUSINESS IN PITKIN COUNTY, COLORADO, DOES HEREBY CERTIFY, PURSUANT TO SECTION 20-I5 (,j) OF THEASPEN MUNICIPAL CODE, TI-W- THE PERSONS LISTED AS OWNERS ON THIS PLAT DO HOLD FEE SIMPLE TITLE TO ALL LIENS AND ENCUMBRANCES EXCEPT THOSE LISTEDONTHE TITLE INSURANCE COMMITMENTS No.e. ,EFFECTIVE RESPECTIYt_LY, ISSUED BY TITLE OF A5PEN, INC., ALTHOUGH WE BELIEVE THE FACTS STATED ARE TRUE, THIS CERTIFICATE IS NOT TO BE CONS- TRUED AS AN ABSTRACT OF TITLE , NOR AN OPINION OF TITLE, NOR A GUARANTY OF TITLE, w.ND IT 15 UNDERSTOOD AND AGREED THAT TITLE OF ASPEN, INC., NEITHER ASSUMES, NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATEVER ON ANY STATEMENT CONTAINED HEREIN. TITLE OF ASPEN, INC. EXECUTIVE VICE PRESIDENT ADDRESS N W 154 5t;, I THE TITLE STATEMENT HEREON WAS ACKNOWLEDGED BEFORE ME THIS DAY OF ,1084-, BY , AS EXECUTIVE VICE PRESIDENT OF TITLE OF ASPEN, INC. MY COMMISSION EXPIRES WITNESS MY HAND AND OFFICIAL SEAL, NOTARY PUBLIC ADDRES5-- COTY ENIG�NNEER`S APPROVAL I, JAY HAMMOND , CITY ENGINEER FOR THE CITY OF ASPEN, COLORADO, DO HEREBY APPROVE OF THIS MAP OF SUNNY PARK NORTH BOUNDARY ADJUSTMENT AND ANNEX- ATION TO BE RECORDED IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO. JAY HAMMOND CITY ENGINEER DATE THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ASPEN, COLORADO, DOES HEREBY APPROVE OF THIS MAP OF SUNNY PARK NORTH BOUNDARY ADJUSTMENT AND ANNEXATION TO BE RECORDED IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, PURSUANT TO ACTION AT ITS MEETING OF 1'381+.. PLANNING ANOZONING CHAIRMAN DATE ASPEN CITY COUNCIL APPROVAL THIS MAP OF SUNNY PARK NORTH BOUNDARY ADJUSTMENT AND ANNEXATION WAS APPROVED 13Y THE CITY OF ASPEN, CITY COUNCIL ON THIS DAY OF , I984. SIGNED THIS DAY OF—, 1-084.. ATTEST: CITY CLERK MAYOR SUQVEYOR"S CERT�HCATE ------ I,JAMES F. RESER HEREBY CERTIFY THAT ON AUGUST 23TH., nett- A SURVEY WAS PERFORMED UNDER MY SUPERVISION OF SUNNY PARK NORTH BOUNDARY ADJUSTMENT AND ANNEXATION AS SHOWN HEREON. 'rt / JAMES F. RESER ED- 8 s CLERK AND RECOQDER"S CEQTDHCATE THIS MAP WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO AT_O'CLOCK _.M., THIS DAY OF , 1584-, AND IS RECORDED IN BOOK AT PAGE . RECEPTION Nam' N.i2°2g100"W iAro F 545' 21 too" W e). 59 5, 9184- I LEGAL DESC�TIOOI A TRACT OF LAND BEING PART OF LOT 7, SUNNY PARK NORTH SUB- DIVISION AND A TRACT OF LAND SITUATED IN THE SOUTHEAST QUARTER OF SECTION 7, T 10 S , R 84. W OF THE G TH. PM., PITKIN COUNTY, COLORADO, BEING MORE FULLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 7, SUNNY PARK NORTH SUBDIVISION, THENCE S45'21'W 8-55 FEET, THENCE N 71t.-' 05' W I54'5B FEET, THENCE N 23'00'E e8.4-G FEET, THENCE S rQ7"Z7'17"E 188.25 FEET, THENCE S 45` 21' W 71353 FEET, THENCE N 4.2'25'W I.1i-GFEET TO THE POINT OF BEGINNING CONTAINING 15,191 SQUARE FEET MORE ORLESS. LONE CLERK AND RECORDER N�R1N 0 10 20 40 60 80 100 SCALE; I"= 20' S = SET: REBAR AND CAP. L.S. 20151 F = FOUND ; REBAR. NO CAP. � L / Gig AVE�yUE w 4Q,17 MAIN STREETEl I EfF VICINITY MAP 0 SCALE, I INCH - -400 FEET CJbI'ER 0 F I T HERE wny m �oiw auu law you musr commence any legal action based upon any defect in this survey within six years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. Alpine Surveys Post Office Box 1730 Aspen, Colorado 81611 303 925 2688 SUNNY PARK NODRTunB-10UNDARY ADJUSTMENT AND ANNEXAMON MAP 82- 159-2 �'L � NNI tiND ZOOM G CO MISSIceain aF'awooOmL MAIN RN CENTENNIAL PROJECT •_•-SMUGGLER` �'�• TRAa,F,R PARK'<."� AVENUE ASPEN_ Ra1R/nG FORK O MOLUE GIBSON PARK S E SUNNY PARK NORTH SUED. ��LCGnL DE�C���If•YTION; A TRACT OF LAND BEING PART OF LOT 7, SUNNY PARK NORTH SUB- DIVISION AND A TRACT OF LAND SITUATED IN THE SOUTHEAST QUARTER. OF SECTION PITKIN COUNTY, COLORgppTH. Pm AS FOLLOWS; gE N MORE FULLY6DESCRIBED BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 7, SUNNY PARK NORTH SUBDIVISION , THENCE. SyS`21'W 8.515 FEET, THENCE N74*OS'W IS4.'58FEET, THENCE N 23"00'E '58 46 FEET, THENCE SG7"27'17"E 188.Z5FEET, THENCE S t,5. 21' W 73 53 FEET, THENCE N 42'29'W 1•1G FEET TO THE POINT OF BEGINNING CONTAINING 15,151 SQUARE FEET MORE OR LESS. �E/t/NY Ev,9rvs THE PLANNING AND ZONING COMM)S51ON FOR THE CITY OF ASPEN, COLORADO, DOES HEREBY APPROVE OF TH15 MAP OF SUNNY PARK NORTH BOUNDARY ADJUSTMENT AND ANNEXATION TO BE RECORDED IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, PURSUANT TO ACTION AT ITS MEETING OF --- PLANNING AND ZONING CHAIRMAN DATE _ A f'EN CITY COOUNCIL �f' !F \*OVAL THIS MAP OF SUNNY PARK NORTH BOUNDARY ADJUSTMENT AND ANNEXATION WAS APPROVED BY THE CITY OF ASPEN, CITY COUNCIL - ON THIS DAY OF SIGNED THIS DAY OF , 1564. ATTEST: CITY CLERK MAYOR SI{��VEYOO�•S CEfTIFICf•.TE I, JAMES F. RESER HEREBY CERTIFY THAT ON AUGUST Z5TH., n64 A SURVEY WAS PERFORMED UNDER MY SUPERVISION OF SUNNY PARK NORTH BOUNDARY ADJUSTMENT AND ANNEXATION AS SHOWN HEREON. JAMES F. RESER L S. 151814, LE(K A D fEC®IDE(�� EITIFIC�TE THIS MAP WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO AT_O'CLOCK _.M., THIS DAY OF , 1564 , AND 15 RECORDED IN BOOK AT PAGE RECEPTION N' CLERK AND RECORDER STATE OF C7LORA001 S S COUNTY OF PITKIN j THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS___.__ DAY OF , 1584 , BY MY COMMISSION EXPIRES--. WITNESS MY HAND AND OFFICIAL SEAL. NOTARY PUBLIC ADDRESS_ EL BE/NG fIDDEO T �T LE STATEMENT �7 7 Bc THE UNDERSIGNED, A DULY AUTHORIZED REPRESENTATIVE OF A CORPORATE TITLE INSURER REGISTERED TO DO BUSINESS IN PITKIN COUNTY, COLORADO, DOES yE/TY DFi�,S/�EN HEREBY CERTIFY, PURSUANT TO SECTION 20-15 (j) OF THE ASPEN MUNICIPAL CODE, TLWT THE PERSONS LISTED AS OWNERS ON THIS PLAT DO HOLD FEE SIMPLE 7'71� E TO ALL LIENS AND ENCUMBRANCES EXCEPT THOSE LISTEDONTHE TITLE INSURANCE COMMITMENTS N'' ,EFFECTIVE - RESPECTIVELY, ISSUED BY TITLE OF ASPEN INC., ALTHOUGH WE DL✓N�R BELIEVE THE FACTS STATED ARE TRUE, THIS CERTIFICATE IS NOT TO BE CONS TRUED AS AN ABSTRACT OF TITLE, NOR AN OPINION OF TITLE NOR A GUARANTY iT/f/N C'DL/NTi OF TITLE, AND IT 15 UNDERSTOOD AND AGREED THAT TITLE OF ASPEN, INC., NEITHER ASSUMES, NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATEVER ON ANY STATEMENT CONTAINED HEREIN. 5 DD';v 146, °Z/ OD 6✓ 6.5,9 ' TITLE OF ASPEN, INC EXECUTIVE VICE PRESIDENT ADDRESS STATE OF COLORADOI S cz S. COUNTY OF PITKIN j THE TITLE STATEMENT HEREON WAS ACKNOWLEDGED BEFORE ME THIS DAY OF ,1584, BY , AS EXECUTIVE Y10E PRESIDENT OF TITLE OF ASPEN, INC. MY COMMISSION EXPIRES WITNESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC ADDRESS CITY E GI EEI'R�('f"M fi>L 1. JAY HAMMOND , CITY ENGINEER FOR THE CITY OF ASPEN, COLORADO, DO HEREBY APPROVE OF THIS MAP OF SUNNY PARK NORTH BOUNDARY ADJUSTMENT AND ANNEX- ATION TO BE RECORDED IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, JAY HAMMOND CITY ENGINEER oWNEWS CERYMCOTE 1,— AS THE OWNER OF LOT 7, SUNNY PARK NORTH SUBDIV- 1510N RECORDED AS PLAT IN BOOK AT PAGE OF THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, HEREBY PUBLISH THIS MAP OF SUNNY PARK NORTH BOUNDARY ADJUSTMENT AND ANNEXATION. SCHMUESER & ASSOCIATES ENGINEERS & CONSTRUCTORS 1512 GRAND AVENUE, SUITE 210 GLENWOOD SPRINGS, COLORADO 81601 (3031 945 - 5468 REVISIONS ENGR. RECORD DRAWING STATUS N0. DESCRIPTION DATE BY CHKD. PROJ• MNGR. CLIENTMECH. CHK. ISSUED DATE SUNNY PARK NORTH BOUNDARY ADJUSTMENT ANNEXATION MAP STRUCT. CHK. PRELIMINARY ELECT. CHK. CLIENT APPROVAL PIPING CHK. PPROVED FOR CONSTRUCTION INSTR. CHK. EVISED AND APPROVE [FORCONSTRUCTION REV. CIVIL CHK. DATERAW NOT DESTRO APPROVED PRNTS BEARINGTEARLIIER DATES AND/ORAREVISIION NUMBER. B 55864 7'23.85 RM I 1I�= 50' Of p " , oc,k � -' f I _ 108.43 4-4+ S 72.!/ • ��. 552'00'E W 4 0 MLa .s ft. U lac 17' / 78_ p4' SSY Do'E f 5 52 *00'E Y cI � o 0 a 2 a. 1 ft S 52'00'C I aalo' �•�Z 125.11' ' I I 5 52'00 E 1 , � I 1 'A4K .:iNNYii --------------- W 0 0 m n G O O. e. •• 3 M 5 10'42e1 LEGEND: • 4 5 X 2.0 RE -BAR + SPIKE ® SANDSTONE MINERAL MONUMENT SUNNY PARK NORTH SUBDIVISION SITUATED IN SW I/4 SE I/4 SEC. 7 T 10 S R-84W OF THE 6TH PM PITKIN COUNTY, COLORADO STATEMENT OF OWNER AND DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS, THAT ROYAL PEAT MOSS CORPORATION, BEING THE OWNER IN FEE SIMPLE OF ALL OF THAT REAL PROPERTY INCLUDED IN THIS PLAT AND LOCATED IN THE SW 1/4SE V4 'SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M. DOES NEARBY SUBDIVIDE SAID REAL PROPERTY AND DESIGNATE THE SAME AS SUNNY PARK NORTH SUBDIVISION AND FOR SUCH PURPOSES ROYAL PEAT MOSS CORPORATION DOES HEREBY STATE AND CERTIFY AS FOLLOWS: I. THAT THEY HAVE CAUSED THIS OFFICIAL PLAT TO BE MADE AND FILED. 2. THAT THEY HAVE CAUSED SAID PROPERTY TO BE LAID OUT, PLATTED, AND SUBDIVIDED INTO LOTS AND DRIVES AS SHOWN HEREON. 3. THAT THEY HEREBY DEDICATE TO THE PUBLIC USE THE DRIVE HEREON DESIGNATED, LOCATED AND PLATTED. 4. THAT THE PLAT CORRECTLY SHOWS SAID REAL PROPERTY AS HEREON SUBDIVIDED INTO LOTS AND DRIVES WITH THE DIMENSIONS INDICATED HEREON AS PREPARED FROM ACTUAL FIELD SURVEY THE REOF. c.�c-�- � �..�•u � c-,r,...�s-->, z ..s—+:_vim c. PRESIDENT OF ROYAL PEAT MOSS CORPORATION STATE OF COLORADO COUNTY OF PITKIN 3 55 THE ABOVE AND FOREGOING STATEMENT OF OWNER AND DEED OF DEDICATION WAS ACKNOWLEGED BEFORE ME THIS 9-1 DAY OFLpAltA. D. 1965, BY ANTHONY BERUMEN AS PRESIDENT OF ROYAL PEAT MOSS CORPORATION. MY COMMISSION EXPIRESfi J N'Ci-ARY IC CERTIFICATE of SURVEYOR I , GERARD H. PESMAN, DO HEREBY CERTIFY THAT THIS PLAT OF LOTS Ji THROUGH 7, SUNNY PARK NORTH SUBDIVISION, A SUBDIVISION OF A PART OF THE COUNTY OF PITKIN , HAS BEEN PREPARED UNDER MY SUPERVISION AND ACCURATELY REPRESENTS A FIELD SURVEY OF THE SAME. BY ..42Yw,a P._� COLO. REG. PROF. ENG-R. LAND SURVEYOR 2376 STATE OF COLORADO, s.s COUNTY OF PITKIN T E ABOVE AND FOREGOING CERTIFICATE OF SURVEYOR WAS ACKNOWLEDGED BEFORE ME THIS DAY OF(*_.A. D. 1965, BY GERARD H. PESMAN, - MY COMMISSION EXPIRES C NOTAF9PUBLIC COUNTY PLANNING AND ZONING C7MMISSION CERTIFICATE APPROVED THIS 2T4 _ DAY OF� � .._.._A.D., 1965. COUNTY PLANNING AND ZONING COMMISSION OF THE COUNTY OF PITKIN, COLORADO. By ` CHAfRMAN BOARD OF COUNTY COMMISSIONERS CERTIFICATE APPROVED THIS ,4gg& DAY OF ,A.D. 1965. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PITKIN, COLORADO. BY CHAIR AN ACCEPTED FOR FILING IN THE PITKIN COUNTY CLERK AND RECORDERS OFFICE THIS -,ge,� DAY OF-?:nl. _ZfCJ- A. D. 1965. A- �� J CLERK RECORDER PLAT BOOK �'� PAGE f oi; RE_EPTION r.O. 11 2 3.rs* .irillilt,,