HomeMy WebLinkAboutcoa.lu.ec.Mason 0145 McSkimming Rd.Mason Lot Line Adjustment
A26-94 2737-181-04-013
E
CI
ASPENTITKIN PLANNING OFFICE 1
130 South Galena Street
Aspen, Colorado 81611 I
(303) 920-5090 / �/
LAND USE APPLICATION FEES
CITY:
-63250-134
GMP/Conceptual
-63270-136
GMP/Final
-63280-137
SUB/Conceptual
-63300-139
SUB/Final
-63310-140
All-2 Step Applications
-63320-141
All 1 Step Applications
-63330-150
Staff Approval
-63432-157
Zoning Plan Check
-63432-157
Sign Permit
-MR011
Use Tax for Sign Permits
HISTORIC PRESERVATION:
-63335-151
Exemption
-63336-152
Minor
-63337-153
Major Devel.
-63338-154
SignH. Devel.
-63339-155
Demolition
COUNTY:
-63160-126
GMP/General
-63170-127
GMP/Detailed
-63180-128
GMP/Final
-63190-129
SUB/General
-63200-130
SUB/Detailed
-63210-131
SUB/Final
-63220-132
All 2 Step Applications
-63230-133
All 1 Step Applications
-63240-149
Staff Approval
-93450-146
Board of Adjustment
-63235-148
Zoning Plan Check
REFER9AL FEES:
-63360-143
Engineering - County
00115-63340-163
Engineering - City
00123-63340-190
Housing
00125-63340-205
Environmental Health
PLANNING OFFICE SALES:
-63080-122
County Code
-69000-145
Other (Copy Fees)
TOTAL
,'
Name:
Phone:
Address: % UZ%i' �: �rr��L
Project:
Check #: Date:
No of Copies. -- - ! —
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 04/12/94 PARCEL ID AND CASE NO.
DATE COMPLETE: 2737-181-04-013 A26-94
STAFF MEMBER- ML
PROJECT NAME: Mason Lot Line Adjustment
Project Address: 0145 McSkimming Road
Legal Address:
APPLICANT: Euaene Mason
Applicant Address: 145 McSkimming Road 925-3305
REPRESENTATIVE: Dennis Green
Representative Address/Phone: 715 W. Main 925-1885
Aspen, CO 81611
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FEES: PLANNING $ 215 # APPS RECEIVED 2
ENGINEER $ 96 # PLATS RECEIVED 2
HOUSING $
ENV. HEALTH $
TOTAL $ 311
TYPE OF APPLICATION:
STAFF APPROVAL:
X 1 STEP:
2 STEP:
P&Z Meeting Date
PUBLIC
HEARING:
YES
NO
VESTED
RIGHTS:
YES
NO
CC Meeting Date
PUBLIC
HEARING:
YES
NO
VESTED
RIGHTS:
YES
NO
DRC Meeting Date
REFERRALS:
City Attorney
X City Engineer
Housing Dir.
Aspen Water
City Electric
Envir.Hlth.
Zoning
Parks Dept.
Bldg Inspector
Fire Marshal
Holy Cross
Mtn. Bell
ACSD
Energy Center
School District
Rocky Mtn NatGas
CDOT
Clean Air Board
Open Space Board
Other
Other
DATE REFERRED: INITIALS: DUE:
----------------------------------------------------------------
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FINAL ROUTING: DATE ROUTED: �� INITIAL:��
City Atty City Engineer
Housing Open Space
FILE STATUS AND LOCATION:
Zoning Env. Health
Other:
• 0
City of Aspen
Pre -Application Conference Summary
Project f-I YrItI l
Applicant's Representative
Representative's Phone _
Owner's Name
Type of Application
Description of the pro
S—
rr Ll" We &4,; frd c` o
evelopmen eing requested
Plai ner Date
The applicant has been requested to respond to the following items and provide the following
reports:
Land Use Code Section Comments
7-1003 --
Referral Agencies
L� �/r� l/e/I dJ / Aaot
The review is: (P&Z only) (CC only) (P&Z and CC)
Public Hearing: (yes) (no)
Deposit for the Application Review: $d/ S
Referral agency flat fees:
IOTA L 1)E1'OS111, /
(Additional hours are billed at a rate of $163/hr.)
To Apply Submil the Following information:
Proof of ownership.
Signed Ice agreement.
3 Applicant's name, address and telephone number in a letter signed by the applicant
which also states the name, address and telephone number of the representative.
'It
deposit for review of the application $��s �
copies of the complete application packet and maps.
6 Summary letter explaining the request (existing conditions and proposed uses), including
street address and legal description of the property.
An 8 1/2" by I I" vicinity map locating the parcel within the City of Aspen.
9 Site plan shall include property boundaries, lot size, proposed access, and physical
features (drain geways, streams, rivers, etc.) — �/x�s fib' Le � � C'/'°tom 04 Y26 IR f
CY.! rdeJ.4YJ
10.
These items need to be submitted if circled:
List of adjacent property owners within 300 feet of the subject property with addresses.
�( Site photos.
J/. Proof of legal access to the parcel.
yt' Historic Preservation Commission review/approval.
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August 12, 1994
Pat Spector
3 Fairoaks
St. Louis, MO 63124
RE: Block 1, Lot 2 and 3, Aspen Grove Subdivision
Dear Pat:
I have talked with the Assistant City Attorney, Dave Bellack
regarding the Lot Line Adjustment that was recorded in Book 35 at
Page 9 and your concerns with the restrictions placed on this plat.
The City acknowledges that the lot line adjustment which took place
on January 27, 1967 was a legal land exchange under the land use
regulations in effect in Pitkin County. The City agrees that no
further lot line adjustment is needed at this time.
In order to correct this recently filed plat the following needs
to be done to two mylar plats:
1. Change the title to read, "First Amended Plat of Aspen
Grove Subdivision Lots 2 and 3, Block 1 CORRECTED"
2. Add this as note #7, "The sole purpose of this plat is
to graphically represent a lot line adjustment that took
place on January 27, 1967 and recorded in Book 225 at
Page 315 in the Pitkin County Clerk and Recorder's
Office."
3. Submit $20 for the recording of these two plats.
4. Keep the signature blocks for the City Engineer, Clerk,
and Planning Director.
Once we get this information we can correct the previous plat that
was done in error. If you have any questions please feel free to
call me at (303) 920-5090.
Sincerely,
Mary Lackner
Pat Spector, A.I.A.• 145 McSkiinming Road, Aspen, C611 303-920-9490
(�0) 3-�5- 7q( 0
3 tariodh(
August 8, 1994 J1 60V�j / 'It(63
Ms. Mary Lackner AUG 63 011
Planner
City of Aspen
Aspen, CO 81611
RE: Block 1, Lot 2 of Aspen Grove Subdivision
Dear Ms. Lackner,
I purchased the referenced property on May 29, 1994. Last Monday on August 1, I
received a final copy of the recorded plat and to my surprise discovered a FAR reduction
paragraph handwritten on the drawing. Until then, I had no knowledge of any reduction
being required for the said property. Apparently, neither did the seller Eugene Mason,
nor my real estate broker Jane Moy, have any knowledge of this reduction.
The original lot was platted at 14,245 sq. ft. However, on January 27, 1967 the lot line
between lots 2 and 3 was adjusted so that lot 2 had an area of 15,302.83 sq. ft., and the
deed was recorded in Pitkin County. The County Attorney's office has indicated that
there were no requirements for a plat to be made. amended, or filed at that point in time.
It was a legal transaction at that time and remains a legal transaction now.
The County recognized the legality of the parcel with the adjusted lot line in 1967 and
acknowledged that by recording the deed and taxing the parcel based on 15,302 sq. ft. On
July 27, 1987 more than 20 years later, the subdivision was annexed into the City of
Aspen. At that point the City acknowledged all existing parcels and deeds including the
referenced lot and taxed it on the larger 15,302 sq. ft. basis.
Due to a requirement by the Title Company for a legal drawing of the description in the
deed, Eugene Mason began the process of recording the plat for the transaction that he
completed in 1967. In the process of recording that plat, the City of Aspen regarded the
matter as a lot line adjustment taking place now, subject to current rules and regulations.
The new plat is recorded with a restriction that the FAR be based on the original
subdivision lot size of 14,245 sq. ft., prior to the January 1967 lot adjustment.
By this letter, I am requesting the removal of the FAR reduction provision now recorded
in the plat, and the restoration of the full FAR permitted for the 15,302.83 sq. ft. lot size
for the following reasons:
1. There is no lot line adjustment for the subject property now or at any time when
the City of Aspen had jurisdiction over the subdivision..
2. This should be a (belated) recording of a plat for a parcel of land where a lot line
adjustment legally took place on January 27, 1967 at which time there was no
requirement by the County to have a plat recorded or amended.
3. Lot 2 is a legal parcel recognized by the County and later the City through
annexation, with outboundaries described in the deed and a lot size of 15,302 sq. ft.
and was taxed as such.
•
4. If the Title Company had not required a plat drawing, none would otherwise have
been required, and I would have been granted the full development rights of the
legal parcel as described in the January 27, 1967 deed. That would have been a
FAR based on 15,302.83 sq. ft.
5. The density of the parcel, or of the subdivision would not increase.
6. I bought the property based on the full area and the development rights for the full
area. To reduce that area by 1,057 sq. ft. would seriously impair my ability to
expand the house for my family and would impose a significant hardship, as well
as a reduction in value of the property.
7. Finally, I do not understand why I should be penalized for the technicality of
recording now a legal parcel of ground which had no FAR reductions, and which,
had I not proceeded with such recording would allow me the full FAR today
without reductions.
I or my designated representative will be glad to meet with you and your associates to
seek a speedy resolution to this issue. I thank you for consideration of this matter and
look forward to a prompt response.
Sincerely,
2
• 0
MEMORANDUM
TO: Leslie Lamont, Acting City Planning Director
FROM: Mary Lackner, Planner
RE: Aspen Grove Subdivision Exemption for a Lot Line
Adjustment
DATE: May 26, 1994
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REQUEST: The applicant, Eugene Mason, is seeking approval for a
lot line adjustment between Aspen Grove Subdivision, Block 1, Lot
2 and Lot 3, pursuant to Section 24-7-1003 (A) (1) of the Aspen
Municipal Code.
CRITERIA: The Code authorizes the Planning Director to approve an
adjustment of a lot line if all of the following conditions are
met:
a. It is demonstrated that the request is to correct an
engineering or survey error in a recorded plat or is to
permit an insubstantial boundary change between adjacent
parcels; and
Response: The lot line adjustment can be considered an
insubstantial boundary change, because the Warranty Deed from Marie ads
Mason to Irving and Lise B. Shecter dated January 27, 1967 was done 5
prior to the County's subdivision regulations of 1974 a was 3�
permitted at that time without County review. (See April 15, 1994
letter from Assistant County Attorney John Ely).
The Aspen Grove Subdivision and surrounding area was annexed into
the City of Aspen in 1988. The applicant is now requesting that
this lot line adjustment agreement made in 1967 between the two
property owners be officially corrected.
b. All landowners whose lot lines are being adjusted provide
written consent to the application; and
Response: Eugene Mason, the owner of Lot 2, and Irving Shecter,
Trustee of The Living Shecter Trust Agreement, the owner of Lot 3,
have agreed to the lot line adjustment in letters submitted to the
Planning Office.
C. It is demonstrated that the request is to address
specific hardship; and
Response: When Mr. Mason's residence was constructed in 1961, the
house was built up to the property boundary of Lot 2, resulting in
no setback between the residence and the Lot 2 property boundary.
The survey indicates that a concrete wall and porch associated with
the residence on Lot 2 encroaches across the platted property
•
boundary onto Lot 3.
It is considered a hardship that some of the improvements belonging
to Lot 2 are actually located on Lot 3. This lot line adjustment
will rectify this problem.
d. The corrected plat will meet the standards of this
division, and conform to the requirements of this
chapter, including the dimensional requirements of the
zone district in which the lots are located, except in
cases of an existing nonconforming lot, in which the
adjustment shall not increase the nonconformity of the
lot; and
Response: The Aspen Grove Subdivisio
n is zoned R-15B, which requires a minimum lot area requirement of
15,000 sq.ft. Lot 2 is platted at 14,245 sq.ft., a nonconforming
lot of record, and Lot 3 is platted at 15,750 sq.ft. The applicant
is proposing to increase the size of Lot 2 by 1,057 sq.ft. through
this lot line adjustment and decrease the size of Lot 3 by the same
size, thus switching the non -conforming parcel from Lot 2 to Lot
3.
The gross square footage of both parcels is 29,995 sq.ft.,
therefore one of the parcels will remain nonconforming in size
regardless of the configuration of the lot line adjustment. Staff
had asked the applicant to "even out" the lot area of the parcels
making them as close to 15,000 sq.ft. as possible, however, the
applicant wanted to maintain the legal description of the agreement
between property owners made in 1967.
Staff has concern that the increase of 1,057 sq.ft. to Lot 2
switches the nonconformity from one parcel to the other. This,
however, does not increase the nonconformity but just moves it to
another property. This is a slightly unusual request because the
1967 agreement between the property owners sets an "agreed to"
property boundary and that Lot 3 is vacant, thus not affecting any
floor area issues associated with existing development.
e. It is demonstrated that the lot line adjustment will not
affect the development rights or permitted density of the
affected lots by providing the opportunity to create a
new lot for resale or development.
Response: The applicant will not be permitted to increase the
floor area attributable to Lot 2 by the increase of 1,057 sq.ft.
to the parcel.
RECOMMENDATION: The Planning Office recommends that the Planning
Director approve the applicant's request for the lot line
adjustment as it complies with the requirements of Section 24-7-
1003 (A) (1) of the Aspen Municipal Code, subject to the following
2
E
conditions:
1. The new lot line must be monumented and so indicated on
the final plat before submitting the final plat for
recordation.
2. The plat should contain a Title Certificate to confirm
the ownerships. The planning director's certificate
should be re -titled to read City of Aspen Planning
Department or City Planning Director Approval, and the
signature line should be revised to delete the reference
to Pitkin County. There is a separate director for
county planning.
3. The surveyor's certificate or a note on the drawing must
state that the survey was performed in accordance with
Colorado Revised Statutes 1973, Title 38, Article 51, as
amended from time to time, and that the survey closes to
1: 10, 000. The lot area needs to be indicated also to the
nearest 0.001 acre. The plat also needs to indicate the
zone designation of the lots and adjacent subdivision
parcels unless unplatted, in which case label as
unplatted.
4. The Plat shall be signed and recorded within 180 days
from the date of this approval, otherwise the approval
will be rendered null and void.
5. The floor area for Lot 2 shall be based on the originally
platted lot size of 14,245 sq.ft. and floor area for Lot
3 shall be based on the revised lot size of 14,693, less
areas within existing dedicated rights -of -way or surface
easements.
APPROVED:
City of Aspen Planning D,' rector
3
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MEMORANDUM
To: Mary Lackner, Planning Office
From: Chuck Roth, Engineering Department
Date: May 26, 1994
Re: Mason Lot Line Adjustment
Having reviewed the above referenced application, the Engineering Department has the
following comments:
1. Monumentation - The new lot line must be monumented and so indicated on the final
plat before submitting the final plat for recording.
2. Plat Certificates - The plat should contain a Title Certificate to confirm the ownerships.
The planning director's certificate should be re -titled to read City of Aspen Planning
Department, or City Planning Director Approval, or similar, and the signature line should
be revised to delete the reference to Pitkin County. There is a separate director for
county planning.
The surveyor's certificate or a note on the drawing must state that the survey was
performed in accordance with Colorado Revised Statutes 1973, Title 38, Article 51, as
amended from time to time, and that the survey closes to 1:10,000. The lot area needs
to be indicated also to the nearest 0.001 acre. The plat also needs to indicate the zone
designation of the lots and adjacent subdivided parcels unless unplatted, in which case
label as unplatted.
3. Driveway - The Engineering Department has participated in two meetings concerning
this property, one with realtors and one with a prospective property owner. We have
discussed design and use of the public right-of-way. Private parking for the residence may
not encroach into the public right-of-way. The property owner needs to obtain a permit
from the City Streets Department prior to performing any work in the McSkimming Road
public right-of-way.
4. Site drainage - The applicant is reminded that any new development must provide for
no more than historic flows to leave the site. Any increase to historic storm run-off must
be maintained on site.
i
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5. Work in the Public Right-of-way - Given the continuous problems of unapproved work
and development in public rights -of -way adjacent to private property, we advise the
applicant as follows:
The applicant shall consult city engineering (920-5080) for design
considerations of development within public rights -of -way, parks department
(920-5120) for vegetation species, and shall obtain permits for any work or
development, including landscaping, within public rights -of -way from city streets
department (920-5130).
cc: Bob Gish, Cris Caruso
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ASPENTITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5197
TO:
City Engineer
FROM:
Mary Lackner, Planning Office
RE:
Mason Lot Line Adjustment
Parcel ID No. 2737-181-04-013
DATE:
May 16, 1994
Attached for your review and comments is an application submitted by Eugene Mason.
Please return your comments to me no later than May 31.
Thank you.
•
April 15, 1994
Mr. Dennis B. Green, Esq.
715 West Main Street, Suite K
Aspen, CO 81611
Re: Mason, Lot Line Adjustment
Dear Dennis;
u
Pitkin County
I am writing in response to your letter dated April 13, 1994, in which you have
requested my opinion regarding the Lot Line Adjustment done by Eugene Mason in
1967.
Based upon the Warranty Deed from Marie Mason to Irving and Lise B. Shechter
dated January 27, 1967, it is my opinion that the conveyance from Mason to Shechter
was prior to the 1974 downzoning and Pitkin County Comprehensive subdivision
regulations and therefore legal at that time.
Should you have any further questions, please give me a call.
Yours truly,
John M. Ely
Assistant County Attorney
Pitkin County
JME/jch
4.52
Administration
530 E. Main, 3rd Floor
Aspen, CO 81611
(303)920-5200
FAX 920-5198
t printed on recycled paper
County Commissioners
Suite B
506 E. Main Street
Aspen, CO 81611
(303)920-5150
County Attorney
Suite 1
530 E. Main Street
Aspen, CO 81611
(303) 920-5190
Personnel and Finance
Suite F
530 E. Main Street
Aspen, CO 81611
(303) 920-5220
Transportation
Facilities
76 Service Center Road
Aspen, CO 81611
(303)920-5390
S"nrtitr of Crmtract
STEWART TITLE
OF ASPEN, INC.
620 E. HOPKINS • ASPEN, COLORADO 81611 • (303) 925-3577 • FAX: (303) 925-1384
April 21, 1994
Dennis B. Green
715 W. Main, Suite K
Aspen, CO 81611
RE: Lots 2 and 3, Block 1, ASPEN GROVE SUBDIVISION; Our Order No.
20996
Dear Mr. Green,
Per your request, I have searched the public records relating
to ownership of Lots 2 and 3, Block 1, Aspen Grove Subdivision.
Title appears to be vested as follows:
Title to Lot 2 and a portion of Lot 3 (more fully described on
Exhibit "A" on attached hereto) appears to be vested in Eugene S.
Mason,
Title to Lot 3, less and except a portion (more fully described on
Exhibit "B" attached hereto) appears to be vested in Irving
Shecter, Trustee of The Living Shecter Trust Agreement Dated March
9, 1987.
Although we believe the facts stated are true, this letter is
not to be construed as an abstract of title, nor an opinion of
title, nor a guaranty of title, and it is understood and agreed
that Stewart Title of Aspen, Inc., neither assumes, nor will be
charged with any financial obligations or liability whatever on
any statement contained herein.
Sincerely,
Peter P. Delany
Senior Vice Presiden
Enclosures
� ` f
SCHEDULE A
ORDER NO: 00020996
PROPERTY DESCRIPTION
EXHIBIT "A" ('TASM)
Lot 2, Block 1, ASPEN GROVE SUBDIVISION, according to the Plat
thereof recorded in Ditch Book 2A at Page 246,
AND
That portion of Lot 3, Block 1, ASPEN GROVE SUBDIVISION, lying
Southwesterly of a line drawn between a point on McSkimming Road,
being 2 feet Northeasterly of the most Southerly corner of said
Lot 3 and a point N. 24 degrees 59 minutes E. 17.00 feet from the
most Westerly corner of said Lot 3.
County of Pitkin, State of Colorado
0 SCHEDULE A 0
ORDER NO: 00020996
PROPERTY DESCRIPTION
EXHIBIT "B" (SHECTER)
Lot 3, Block 1, ASPEN GROVE SUBDIVISION, according to the Plat
thereof recorded in Ditch Book 2A at Page 246,
EXCEPTING
That portion lying Southwesterly of a line drawn between a point
on McSkimming Road, being 2 feet Northeasterly of the most
Southerly corner of said Lot 3 and a point N. 24 degrees 59
minutes E. 17.00 feet from the most Westerly corner of said Lot 3.
County of Pitkin, State of Colorado
From : Dem i S Green • Pf 1) E No. : 303 925 8240 •
•e4-*13,,094 10144 FROM CveSR GER OFFIi'.F'S 70 9256240
May.27 1994 8:13AM P02
P.8]
Eugene Mason 25 March 1994
).45 MG$kimming Raad
Aspen CO $1612
Dear Gene;
anaU,r_ r• r..a your requeSt of last night , here i8 a
brier letter contaiza.i119 the information conrerninq
the NAnt lot lane between your. I.nr. 2 and arty Jot 3
itl A�3p"LL GA;QVC Hloc]c 1. can loz�la7.1y write t in
arfidavlt. ZOL-m nLn-d have in notarized fo,- you if that
is n+scc+ncary. Bee it this will suffice.
Wj'Len Lot 3, D1oCli 1, Aspen Grove Guhdivi si.on was
purChased (January 27,1967) by my wife and ittyeelf
from Marie S. Mason, the 10Gation, of the existing
lot line between Lots 2 and 3 was changed. The change
increased the size of Lot 2 and decreased the size of
Lot 3 by increasing easterly by 2 Eeet the front lot line
of Lot 2 and increasiz]g easterly by 17 feet the back lot
line (paralleling the Salvation Ditch). it was assumed
by both parties that any easement along the old line would
be tranferred to the new line similarly reflecting changes
from sales permitting relocation of lot lines as noted on Page 1,
Item 2 of the Restrictions for Aspen Grove Subdivision, Block l
recorded Auguat 14,1958 by the Pitkin County Clark.
L kn if t is adequate.
Enclosed 2 pages from Rgstri.Ct'.i.ons
ASpe•k �: °vc' GREGSHERWIN
REIMAX Aspen-Snowmass
LOT 3 730 E. Cooper Ave., Sete 202
Aspen, Co 81611
2IL r0 MOufC ,t303) 9 I?C 0
LN•�T'1f`M, IT.7t' <7�jJl yZ��j'y(,R/(j
.. � _ M•.MOLt
1 •r r+y • v1TY PACE£3EST
71i
} `` 1.5 x 2•-' - �, .. Mre to r,7 �3h' ,1`
-' *° 1--�'' Pnn `� Ia2-4s (��i�(' r,.� tom% � .p •t °, '+. r•+7/�,��1��'
- \ 4T• YO j6 'i��l t+-t' C` 4 rt krtr
�.'. .. .. S r r t'tt .4y
T x.:. -. its' ..—'�_---�"� •
Ywlr[ ,rtr 04ryt ..
c0*c.trt
wqr
8 .
pTT 2-3 r I J OR..
j%• 4 SS Oil £ , COcr If ,+ K,4-r
Oqs
rwO o Irly°
f 1 6 W LOT 2 1•. q
rr. '' t,y w 1 fss•! ERJ
c,
N30°Sd'C, 59.4D'(10 ^' +'t Jy � r na
v a
N s 1 tt �o° tu.r• � fr•\1 1 � � 1 D S'A Y,
I � r
J LOT 1
_ 1 ; f
7 5' N t
rx CID"
wC) OTtLlTY EASEAI — ._....—.-.._...i
W I N34°21'W (RI ENT
a IS7.79'
cL S 34 °
r g 36' 15'S2"E S.IS' IC ALCI
e�fCµ t`
S x
11 SPIV PT lO
CURVE DATA
v
07 a CIVEv CALCULATED
7
NO- ARE RADIUS
G� P LEH CTN DELTA CIOPD CNO11D
u
C937' . LENGTH
v t E5r.26' 08°1C�OG' NIS•00'"x•
C 2 S7 9 3. 6 2'
tr Y 1.4' 71,00 DI°07'g7.. N18°32'06"W 1.40'
C 3 57. T4'
a� LOT 2 f o TI. 00 4b°35'4S" LOT 91939 E SC9 2.0E.IE'
71.00' OI°36'S
C S S9-to' 71 N 29°25'S5"E
00' E . 00
98°I2'33� H
2r'W Co OE�OB'04-E 45.OG 71. 00' ° 57,99'
OtTAIL 3
3E <7'OI" N49°S7'S1'L s
47.r'
NOT 70 9CALC
From : Dennis Green PHOHE No. : 303 925 8240 Apr.14 1994 4:06PM P01
DENNIS R. GREEN
Attorney at Law
TYLW14iMr,I(B-T5-IUV 71Sw h9Alldt:r.`i►Ifliik n:LLCiUF'lLilt1113.9254240
AGE?N, (XiLORAM31 gtbt I
April 4, 1994
Rocky Mountain Natural Gas
Mr. Ray Patch
113 Atlantic Ave.
Aspen, Co 81611
Sent by factaimi3a to 925-2325
Dear Mr. Pat oh :
ThIS letter will confirm our conversation earlier today
regarding the relocation of the easement between Lots 2 and 3 of
the rapen Grove subdivision.
Attached in a copy of an excoxrpt of the ottrvey which
indicates the most likely relocation of the eacement between Lot.
2, owned by Eugene Mason tiny client) and Lot 3, awned by Iry
Schecter. It is possible, after going through the process
required by the Planning office that the new easement will
actually be a bit farther away from the existing house on Lot 2.
In any event, the new easement will extend the entire distance
from the front of the lots to connect with the utility easement
at the back of Lots 2 and 3. I anti informed that there are no
natural gas or utility lines which have been installed within the
easement between lots 2 and 3, but perhaps you can check this.
If Rocky Mountain Natural Gas has no objection to the
relocation of the easement, please signify by having this letter
signed by the appropriate person in the space belOW. Please cal.i
me if there are any problems or you need further information.
Thank you for your consideration in this matter.
sincerely,
Rocky Mountain Natural Gas hereby states that it consents to
the relocation of the utility easement between Lots 2 and 3,
Aspen Grove subdivision, as stated above, provided that the
easement shall not be abandoned and that there will xetnlain an
easement between said Lots.
Dated: April , 1994.
Rac"o, ain N ura� laak�h
Dy 7 1� C'
APR-14-1994 16:47 3031 925 8240 P.01
It
r ��GV C.
R-s j7� at
\
LOT 3
. �.
rrr•4T'aa'w•17. Ti'
El
�F' \
T-PER
5• UT ILItY P►GEE3_ES
2.4�lC
547
_ .. _.
- ,•�._. _.
�; t'� -'
` EIS'µ EM
A
1_ i �CXA
. c•
GREG SHERWIN
RE/MAX Aspen-Snowmass
730 E. Cooper Ave., Suite 202
Aspen, CO 81611
.(303) 920-3600
4w-OLE
�+� Mc k�M
�rire r.n r° s
r` M
` ''v4r R pLA1
'G_EE q O °44Y OLC I
YE ~4T
- � _ "' „ I r• I t^lam
LINE c r C2
LOTS z' 4 i 7't STORY `Ok rrr I
O
W
_ I LOT 2 l4• - r� rQ u r
' I Ir• e.r 1 W < 1
N 50. 58' E. 59. 40.(R)
p° a• _
u •o
H14°27'E, 3.53'(R)
o° to.7•
� I
1 � r
I I
1 % I
---------------------- 1 EOv O7.5' UTILITY --------_—
--------------�
(IO�WCI 21'w R1 t EASEMENT ----
( 137.79'(CALC)
S ALN At ION
DITCH
/ �S36°15'52 E 3.15'(CALC)
u
J
Q O
u
o u
P J
_ v
W
3
n
LOT 2 LOT I
z �
N
N 34• 21'w
DETAIL 3
NOT TO SCALE
60 RIG N7'Or•�
»AY
19 O
/461, (RJ
R04p
3747
10 A,ING
![,3E01
LOT I
•
---------------------------------
S 3.4 ° 21' E (R I
CURVE DATA
GIVEN
NO.
LRADIUS
C 1
%74'
657. 25'
C 2
71. 00
C 3
.71.
00
C 4
2.00
71. 00'
C5
59.74'
71.00'
C 6
48.11
71. 00'
CALCULATED
DELTA
OB°10'O6"
01°07.47•
46° 35 4S
01° 36'SO•
AS°12'33
38° 47'OI•
CHORD
N I5°00'57"w
HIB°32'06 w
N 05° 1 9 3 9" E
N 29'25'SS-E
N 06.0604E
N 4'r 37' 5I• E
CHORD
LENGTH
93.62
1 40
56.16'
2.00
5 T.99'
47.15'
r •
•
'I LHIPHONF.303-9?5-1885
April 15, 1994
DENNIS B. GREEN
Attorney at Law
715 W. MAIN ST., SUITE K
ASPEN. COLORADO 81611
Mr. Bob Ballinger
Holy Cross Electric Association
215 Aspen Airport Business Center
Aspen, CO 81611
Sent by facsimile to 945-4081
Dear Mr. Ballinger:
I ')
TELECOPIER 303-925-8240
This letter will confirm our conversation earlier today
regarding the relocation of the easement between Lots 2 and 3 of
the Aspen Grove Subdivision.
Attached is a copy of an excerpt of the survey which
indicates the most likely relocation of the easement between Lot
2, owned by Eugene Mason (my client) and Lot 3, owned by Iry
Schecter. It is possible, after going through the process
required by the Planning Office that the new easement will
actually be a bit farther away from the existing house on Lot 2.
In any event, the new easement will extend the entire distance
from the front of the lots to connect with the utility easement
at the back of Lots 2 and 3. I am informed that there are no
electric or utility lines which have been installed within the
easement between Lots 2 and 3, but perhaps you can check this.
If Holy Cross Electric Association has no objection to the
relocation of the easement, please signify by having this letter
signed by the appropriate person in the space below. Please call
me if there are any problems or you need further information.
Thank you for your consideration in this matter.
Sincerely,
Holy Cross Electric Association hereby states that it
consents to the relocation of the utility easement between Lots 2
and 3, Aspen Grove Subdivision, as stated above, provided that
the easement shall not be abandoned and that there will remain an
easement between said Lots.
Dated: April 151Y11 1994.
Holy Cross Electric Assoc.
By: fin' &Urn
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ATEACHMENT 1
•AND USE APPLICATION F RM •
1) project Name Aspen Grove Subdivision Lot Line Adjustment
2) project Location 0145 McSkimminq Rd., Aspen, Colorado, 81611
Lot 2 Rl nrk I, Aspen Grove Subdivision
(irriicate street address, lot & block number, legal description where
appropriate)
3) present Zoning R-15B 4) Lot Size 14,245 sq. ft.
5) Applicant's Name, Address & Phone # Eugene Mason,
0145 McSkimming Rd., Aspen, CO, 81611, 925-3305
6) Representative's Name, Address & Phone # Dennis R. Green, Attorney At Law,
715 W. Main, Suite K, Aspen, CO, 81611, 925-1885
7) Type of Application (please check all that apply):
Conditional Use Conceptual SPA Conceptual Historic Dev.
Special. Review Final SPA Final Historic Dev.
SG40 Greenline Conceptual. PUD Minor Historic Dev.
Stream Marlin Final FUD Historic Demolition
Maintain view Plane Subdivision Historic Designation
Condominim,i 7ation T�ap Amendment. GM2S Ault
X Lot Split/Lot Line G4:�S Rican
Adjustment
8) Description of Fed=Gt-i ng Uses (number and type of ex:i _rxl . str�mes;
appr y-irate sq. ft. ; ri mber of bedrooms; any previous approvals granted to the
Property) - -
9) Description of Development Application
Lot line adjustment with adjacent Lot 3 of subdivision to rrpatp a set. -hark
between improvements and property boundary.
10) Have you attached the following?
RS3onse to Attadmient 2, Minimtm atmisslOn Contents
Re�e to Attact)ent 3, Specific Sits mi SSiOn CIMtents
X Response to Attachment 4, Review standards for Your Application
ATTACHMENT 4
Review Standards - Description Of Project
This application is made pursuant to Section 7-1003(A)(1) of
the City's Land Use Regulations which allows a lot line
adjustment between contiguous lots under certain conditions.
Aspen Grove Subdivision was subdivided and platted in
approximately 1958 when still part of Pitkin County. Lot 2,
belonging to the applicant Eugene Mason, was created to be 14,245
square feet while Lot 3, belonging to Irving and Lise Schecter,
was 15,750 square feet.
In 1961 Mason constructed his home, a single family
structure of 2,234 sq. ft., engaging a contractor upon whom he
relied with regard to having the house built with proper set-
backs and other requirements. Unknown to Mason, the contractor
built the house too close to the property line between lots 2 and
3 and certain improvements (a porch and walkway) were constructed
partially encroaching onto Lot 3. This problem was later
discovered and in 1993 and Mason and Schecter agreed to have a
surveyor redraw the lot line between their properties. See Ex.
"A", excerpt from surveyors plat.
The Applicant is requesting
and 3 be adjusted as indicated in
size of the Lots as follows:
Originally
Lot 2 14,245
Lot 3 15,750
that the lot line between Lots 2
Ex. "A", which would change the
As Adjusted
15,302
14,693
This Application would meet the standards of Section 7-
1113(A)(1) as follows:
The request is for an insubstantial boundary change between
adjacent parcels both of which would remain at or very close to
the minimum lot size of 15,000 sq. ft. for the R-15B zone
district. Mr. Schecter has already indicated his consent to the
application and his written consent will be obtained before final
approval of this Application. The request is to address a
hardship created through no fault of Mr. Mason, who relied on a
licensed contractor to build his house with due regard to the
correct boundary lines.
Lot 2 will now become a conforming lot by exceeding the
15,000 sq. ft. minimum lot size for the zone district. While Lot
0 •
3 will drop below the 15,000 minimum lot size, it will do so only
by an amount which is insignificant compared to the total size
requirements of the zoning district. Lot 3 will be a mere 307
sq. ft. below the 15,000 sq. ft. required, i.e. it will be within
two percent of the size required. Lot 3 is an existing
nonconforming lot because it was created while the properties
were subject to the prior zoning before being annexed into the
City. The proposal does shift the nonconformity from Lot 2 to
Lot 3, however the Application leaves the City with just one
nonconforming lot, which is the same as before the proposal. The
proposal does not increase the nonconformity of lots inherent in
the situation which was created innocently and in compliance with
the requirements in existence when Aspen Grove was subdivided.
Similarly, there is nothing in the proposal which would
provide the opportunity to create a new lot for resale or
development or to increase the overall density in the area.
��•�i��r s
CL
• R-sn�.,
_ e
- \\ LOT 3
\ .
1•
' ,� ny \ 1 5' UY1L,'Y PAOEE3E5T pER
Sk �•.ti. wt., n� 2,{.
�ravc.
,rrCE r
Vic� C1
• � �r^� ^^^^' IS"
\ S 4r 20
m
O
_
TS Z-3 tIN(: 2
H 3C' 54'E, 59.4D
W
re —
W
a •
E
0
� lr_
GREG SHEMIN
PFJMAX Aspen'Snowmass
730 E. Cooper Ave., Suite 202
Aspen, GO 81611
,(303) 9M3600
I
Mc Sk J41
)oo
t
1N
\+, •k �. •f>
�4 a•.
Powes
=t
VALVE
D Ary
c
� _ —
,l.
•,
D
7 C 2
�
i 11
1PINE
w o f
I
lf
I x A
LOT Z
,.• r.>•
r
`..
fA
f'P � f
~ A-t
Y1[•
b
1 J
/) kT4.
' 62.♦••
' � V 11
---
j it f
fID WC]
34• T-S•
1{TILIIY EASC i,.CIIT
t
21'w fRS_
157. 7o' 1r—
E 36' 15'SI"C 3.15, ICALCI
V
J
O
V N
O
P J
lu
S
v
LOT 2 ; a LOT [
r
„ e
x �
OCIAIL 3
N D7 70 ECJILC
,
6p RtQk7.pp -W
4t
T3s-1
RpAO
514TrOH
Jhcfu3Er1
LOT 1
CLIPYE
DATA
IM106
CALCULATED
iiADIUS7H
DELIA
CIOND
[HOgO7,
26'
00'IO*Oi"
LENCTNi5T.
W13•00S7-W?3.G2'4'
71.00
01.OY 47"N
10. 32'06•'W
71. 00
46' 35'43"
N
1.40T4•
"05.IV3➢"E
71, 00
01. 36.50.N
Y9r23'30"E
56.16'O�
T1.00'45•Ct'33'
�—
Hoe.OB 0� E
2.004,
71, 00'
3E't7'01"
5T,93'G'
N 49. 37.5 I-
r�f
°
L 0 T 3 6.S
,N X0. `0P
N 24° 59 E( R) NS 1 a6 /P�CI
ya / •25 E
1. 2'( / 3° \A
_5
LOT 2
N 500 58'E
59.4O'(R)
LOT 4
DETAIL IB
NOT TO SCALE
C
> ?•'E \3.\6 GAL
I1` (CACC) N4B°\6 00•w \9y
IDETAIL IA
NOT TO SCALE
>• S. N14° 27'E N6
UTIl1Ty 3. 53' (R) - N 340 21' W (R)
I EASEMENTS _
C
/ \ 14,461.05 SO.FT.f
v° \ L 0 T 3
J� \
i� Ej -'
y � SW\NG S
1pva
Di, 0.
tD� O�y ��\ j\L\TY gE �ESj'pE •�* �C./' w4s�'
i
CA
SEE. DETAIL 2
TIE TO HOUSE
S 38' 47' 33" W, I T. 7 2'
L 2
TO SCALE
MANHOLE
SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN
FIRST AMENDED PLAT OF
ASPEN GROVE SUBDIVISION
LOTS
2 AND 3, BLOCK I
CERTIFICATE OF DEDICATION AND OWNERSHIP
THE UNDERSIGNED EUGENE S. MASON, THE OWNER OF LOT 2, ASPEN GROVE SUBDIVISION, BLOCKI
AND IRVING SCHECTER, TRUSTEE OF THE LIVING SCHECTER TRUST AGREEMENT, HEREBY
STATE AND AFFIRM THAT THEY ARE THE OWNERS OF SAID LOTS AS DESCRIBED ON
THIS PLAT, HAVE BY THESE PRESENTS LAID OUT AND PLATTED THE DESCRIBED
LOT LINE ADJUSTMENT BETWEEN LOTS 2 AND 3, ASPEN GROVE SUBDIVISION, BLOCK I AND
DO HEREBY DEDICATE TO THE PERPETUAL USE OF ALL UTILITY COMPANIES THE
PROPERTY DESCRIPTION IS FOUND IN DOCUMENTS UTILITY EASEMENTS SHOWN HEREON, FOR THE PURPOSE OF INSTALLING,
RECORDED IN BOOK 185 AT PAGE 326 AND CONSTRUCTING, REPLACING AND MAINTAINING UTILITY FACILITIES TOGETHER WITH
BOOK 225 AT PAGE 315 THE RIGHT OF INGRESS AND EGRESS FOR SUCH PURPOSE.
GIRE NYD EO GE 4f s/cl A,
O F "4f/, V V
4 gpH
wD 4Lr
U OD
BOOK 225,. CALCI / cs fENCf p4F
9 \6lF 1g2.43 ( // i 03 POWER
POLE
\ S 4T I = N WATER GR4 yEL
VALVE OR, VEW.gY
(\5 YJGi CONCRETE
/° 42 E j �_ ' i CZ I
g O / 1 55�' UO N 1 z' -,
� c. COHU RE7 I � I
\NE C:I 72• SjOP USE eE
I W n I
LOjS2 3 L i r I m FRAME NO I i^ l y o I
fie ( I N 10 I Q J
P� 14, z.r.
LOT 2 �F. I I I 11' ~ FL
DE. ?�
rj OECk I F- 3 I
I 15, 302.83 SO. FT. A v
N 50 0 5 8'E, 5 9. 40'(R) 0 N I DECK
a
o
rlE N22o22 4a W,
21 m I 85 I (n I
i I
I I
I N
---I ----
N14°27'E,3.53'(R) El SEE DETAIL IA 7.5' UTILITY EASEMENT
0O'WC N 34021.W (R) 157.79' (CALC)
S 36° 15' 52"E 3.15' (CALC)
0\jCH
SALV Aj\OH c�
J O
Q N
O
� U
cl
°f J
- a
w
_n 3
M of
m a
LOT 2 ; a LOT 1
a °
n K
z °
N
N 340 21'W
DETAIL 3
NOT TO SCALE
SCALE 1 -20
0 10 20 30 40 SO 60 70 BO 90 100
LEGEND
SET 5/8" STEEL ROD WITH PLASTIC CAP MARKED "BUETTNER 13166"
FOUND 1/2" STEEL ROD WITH PLASTIC CAP MARKED "16129"
SET 5/8"STEEL ROD WITH PLASTIC CAP MARKED "BUETTNER 13166 WC"
O FOUND 4X4 WOOD STAKES
p FOUND 1/2" PIPE WITH PIPE CAP, PROPERTY MONUMENTS
(CALC) CALCULATED FIGURE(S)
(R) RECORD FIGURE(S)
wo
60 RIGNT_OF-
WAY
NI9O0
6 H•
I
56
1
46.1.
ROAD
STATIONING (USED)
BY:
EUGENE S. MASON
BY:
IRVING SCHE
STATE OF COLORADO)
S. S.
COUNTY OF PITKIN.
THE FOREGOING DEDICATION WAS ACKNOWLEDGED BEFORE ME THIS
OF , 19-, BY EUGENE S. MASON.
MY COMMISSION EXPIRES -
WITNESS MY HAND AND SEAL
NOTARY PUBLIC
STATE OF )
)S.S
COUNTY OF )
THE FOREGOING DEDICATION WAS ACKNOWLEDGED BEFORE ME THIS
OF , 19 - , BY IRVING SCHECTER
MY COMMISSION EXPIRES
-
WITNESS MY HAND AND SEAL
NOTARY PUBLIC
FOUND 1/2" PIPE MONUMENT
CONTROL POINT
DAY
DAY
LOT 1
CI
S 34° 2CE (R)
FOUND I/2" PIPE MONUMENT
CONTROL POINT
GIVEN
CALCULATED
NO.
ARC
LEN GTH
RADIUS
DELTA
CHORD
CHORD
LENGTH
C 1
93. 7'
657. 25'
08° 10'06"
N 10' 00'57"W
93.G2'
C2
1.4
71. 00
0100747"
N18°32'06"W
1.40'
C 3
5 7. 74'
71. OC
460 35'43"
N 05' 19' 39'E
56.1 6'
C4
2.00
71.00'
01'36'50'
N29°25'55"E
2.00
C 5
59.74'
71. 00
480 12'33"
N 06008' 04' E
57.99'
C 6
48.06
71.00
38°47'01"
N 49°37'11" E
47.15'
CT
1 50,56'
1 71.00'
1 40023'51"
N 48°49'29E
49.03
SURVEYOR'S CERTIFICATE
I, LOUIS H. BUETTNER, A REGISTERED LAND SURVEYOR, DO HEREBY CERTIFY THAT
THIS FIRST AMENDED PLAT OF ASPEN GROVE SUBDIVISION, LOTS 2 AND 3, BLOCK I
WAS PREPARED BY ME AND UNDER- MY SUPERVISION AND THAT THE LOCATION
OF THE OUTSIDE BOUNDARY, ROADS AND OTHER FEATURES ARE ACCURATELY
SHOWN AND CORRECTLY SHOWN HEREON, THAT THE SAME ARE BASED ON FIELD
SURVEYS PERFORMED UNDER MY SUPERVISION AND THAT THE PLATTED SITE
CONFORMS TO THAT STAKED ON THE GROUND TO THE BEST OF MY BELIEF
AND KNOWLEDGE.
IN WITNESS THEREOF, I HAVE SET MrHANDD AL THIS 13tt+. DAY OF
MAY,1994. BY .LOUIS H.BUETTNER LS 13166
?x}
LOUIS H. BUETTNER SURVEYING
0040 WEST SOPRIS CREEK ROAD
BASALT, COLORADO 81621
303-927-3611
NOTES
I. THE BASIS OF BEARINGS AND LOCATION FOR THIS SURVEY WAS A CALCULATED LONG
CHORD BEARING OF NORTH 15°00'57" WEST FOR THE ARC BETWEEN FOUND ORIGINAL
1/2" PIPE AND PIPE CAP MONUMENTS AT THE SOUTHERLY LOT CORNER AND THE
ARC POINT OF TANGET ON THE EASTERLY BOUNDARY OF LOT I, BLOCK I ASPEN
GROVE SUBDIVISION.
2. THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SURVEYOR TO
DETERMINE BOUNDARIES, OWNERSHIP, OR EASEMENTS OF RECORD. THIS SURVEY IS
THE LOCATION AND ESTABLISHMENT ON THE GROUND OF THE PROPERTY AS DESCRIBED
ON THE DEEDS RECORDED IN BOOK 185 AT PAGE 326, AND BOOK 225 AT PAGE 315.
SURVEYOR RELIED ON THE TITLE INSURANCE POLICIES FROM RECORD ABSTRACT
AND TITLE INSURANCE CO., POLICY NO, PI 143 AND PI 221 FOR INFORMATION
REGARDING ENCUMBRANCES OF EASEMENTS AND RIGHTS -OF -WAY ON THIS PROPERTY IN
ADDITION TO THE DEEDS ABOVE AND THE ASPEN GROVE SUBDIVISION PLAT.
3, THE TITLE POLICIES ABOVE LIST ONLY THE BUILDING RESTRICTIONS IN AFFECT ON
THE PROPERTY AS RECORDED IN BOOK 184 AT PAGE 479, PATENT RESERVATION,
AND EASEMENTS AS SHOWN ON THE RECORDED SUBDIVISION PLAT.
4. UTILITY LOCATIONS OTHER THAN THOSE SHOWN ARE UNKNOWN TO SURVEYOR.
5 SURVEYOR HAD TO CALCULATE OR ASSUME THE FOLLOWING INFORMATION:
(A) ASSUMED THE NORTHEASTERLY BOUNDARY OF LOT 2 TO BE A STRAIGHT LINE,
TWO (2) DISTANCES ARE SHOWN BUT NO BEARINGS.
(6) CALCULATED A DISTANCE FOR THE SOUTHWESTERLY LOT 2 BOUNDARY.
(C) CALCULATED A BEARING FOR SOUTHERLY BOUNDARY LOT 2.
(D) CALCULATED A BEARING FOR THE NORTHEASTERLY LOT 2 BOUNDARY.
(E) THE LOT AREA'S FOR LOTS I AND 2 DO NOT CALCULATE TO THOSE SHOWN ON
THE SUBDIVISION PLAT.
(F) THE TANGET DISTANCE FOR LOT I NORTHEASTERLY BOUNDARY DOES NOT AGREE
WITH THE ROAD STATIONING. IF THE DISTANCE SHOWN FOR THE TANGET
WERE TO BE USED, THE NORTHERLY LOT BOUNDARY WOULD NOT AGREE TO THE
PLATTED DISTANCE. SURVEYOR USED A DISTANCE THAT AGREED WITH THE
ROAD STATIONING.
(G) THE DEED RECORDED IN BOOK 225 AT PAGE 315 CALLS FOR AN EXCEPTION
LYING SOUTHWESTERLY OF A LINE STARTING 2 FEET NORTHEASTERLY OF THE
MOST SOUTHERLY CORNER OF LOT 3, (SURVEYOR INTERPRETED THIS TO BE
ALONG THE ARC BOUNDARY NOT A STRAIGHT LINE), AND A POINT N24050'E
17.00 FEET FROM THE MOST WESTERLY CORNER OF LOT 3. THE MOST WESTERLY
LCT CORNER OF LOT 3 IS 1.2 FEET S50058'W OF THE LOT BOUNDARY COURSE
N24°50'E. SURVEYOR STARTED AT THE MOST WESTERLY CORNER OF LOT 3,
TLENCE WENT ALONG THE LOT BOUNDARY N50'58'E 1.2 FEET AND THEN
ALONG THE N 24°5O'E BOUNDARY THE REMAINING 15.8 FEET. THE DEED
ALSO ESTABLISHES A UTILITY EASEMENT ALONG THE NEW LINE, 71/2 FEET
ON EITHER SIDE. SURVEYOR INTERPRETED THIS EASEMENT TO BE IN ADDITION
TC THE SUBDIVISION EASEMENT ALONG THE LOT BOUNDARIES.
6. THIS PROPERTY IS LOCATED ON THE PITKIN COUNTY, COLORADO AND INCORPORATED
AREAS, NATIONAL FLOOD INSURANCE PROGRAM, FLOOD INSURANCE RATE MAP
COMMUNITY -PANEL NUMBER 08097 CO 204C. THE PROPERTY IS WITHIN THE
ZONE "X° OR IN THE AREA OUTSIDE THE 500-YEAR FLOOD PLAIN.
CITY OF ASPEN ENGINEERING DEPARTMENT
THIS FIRST AMENDED PLAT OF ASPEN GROVE SUBDIVISION, LOTS 2 AND 3, BLOCK I
HAS BEEN APPROVED BY THE CITY OF ASPEN ENGINEERING DEPARTMENT THIS
DAY OF , 1994.
BY;
CITY ENGINEER
CITY OF ASPEN APPROVAL
THIS FIRST AMENDED PLAT OF ASPEN GROVE SUBDIVISION, LOTS 2 AND 3, BLOCK I
HAS BEEN APPROVED BY THE PLANNING DIRECTOR OF THE ASPEN/PITKIN COUNTY
PLANNING OFFICE THIS DAY OF , 1994.
BY
DIRECTOR ASPEN/PITKIN COUNTY PLANNING OFFICE
ACCEPTANCE FOR RECORDING
THIS FIRST AMENDED PLAT OF ASPEN GROVE SUBDIVISION, LOTS 2 AND 3, BLOCK I
IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF
PITKIN COUNTY, COLORADO, THIS DAY OF , 1994, IN
PLAT BOOK AT PAGE , RECEPTION NO.
BY:
CLERK AND RECORDER
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION
BASED UPON
DISCOVER YSUCHFEDE FE CT. CT IN THIS
NOSURVEY
NT, WITHIN
ANTHREE CTIONR S BASEDAFTER
UPON
ANY THE DEFECT I THIS SURVEY
CERTIFICATION SHOWN NHEREONORE THAN TEN YEA RS FROM
1101E9.
I. 111E BA* REAIItNGS AIIO LOCATIOII ,►OR IIIIS SIIRVEY WA i,A1.C(11_AIFD LONG
CilORO 0 IHO OF IIORR III 1!'OO�SI� WEST Fort TIIE AMC BFI1gW IOUt10 VIIIOIII AL
ARC PPO POINT OF T'ANOEfAPO11'+ illtEM EIASTERIY THE
BOVIIOARYII OFIYLOTLOT
I. COLOCKRAMP IE
I A! EN
GROVE SUBDIVISION.
2. TIIIS SURVEY DOE! NOT CONSTITUTE A TITLE SE
ARCII BY SURVEYOR TO
OETFnU1NE DOUNOAn1ES, OWNERSINP, On EASEMENTS OF RECOn O. TIIS SUn VF.Y If
TIIE I.00ATION AND ESTABLISIIMENT ON TIIE OTIOUNO OF TIIE PnorERTY AS DEScnIIIED
ANBOOK313.
0r1 TIIF DEEDS RECORDED IN BOOK•11S AT PAGE 321, F CO At PAGE CT
SUnVEYOn nFL1ED ON TIIE Ti FILE '!INSURANCE POLICIES FROM RECORD ABSTRACT.NO. P1 143 AND PI 221 FOR INFORMATION
A 11p TITLE INSURANCE CO.; :POI•"
n EGAROINO ENCUMBRANCES O!:*gAl E)A ENTS AND RIGHTS -OP -WAY ON IONills PROPERTY IN
ADDITION TO TIIE DEED! ABOYC�I�.r �{Q')YMIE ASPEN GROVE SUBDIVISION PLAT.
3. TIIE TITLE POLICIES ABOV[;kl;l�A+yar �r. TIIE BUILDIoi NO RESTRICTION! IN AFFECT ON
TIIE PROPERTY AS RECORD[�:A: dyyof.164 AT PAGE 4T9, PATENT ITESE TIVATION,
AND EASEMENTS AS SIIOWNw f'I t`f y:l•;lECORDED SUBDIVISION PLAT.
1. UTILITY LOCATIONS OTIIER THAN.F,1103 Ef"OWN ARE UNKNOWN TO SURVEYOR.
! SURVEYOR IIAD TO CALCULATE On ASSUME TIIE FOLLOWING INFOn MAIION;
(A) ASSUMED THE NOn TIIEASTEBLY BOUNDARY OF LOT 2 TO BE A STn A1GIIF LIKE,
TWO (2) DISTANCES An[ 911OWN BUT NO BEAnIN03.
MI CALCULATED A 013 TAMCE FOR TIIE SOUTHWESTERLY LOT 2 BOUNDARY.
(C) CALCULATED A BEARING FOR SOUTHERLY BOUNDARY LOT 2.
(DI CALCULATED A BEARING FOn TIIE NORTIIEASTERLY LOT 2 BOUNDARY.
IEI TIIE LOT AREA! FOR LOTS I AND E 00 NOT CALCULATE TO 71107E 311OWN ON
TIIE SUBDIVISION PLAT,
IF) 111E TANOET DISTANCE FOR LOT 1 NORi11EAliERIY BOUNDARY DOES NOT AGREE
WITH TIIE nOAO STATIONIMI, IF THE DISTANCE SHOWN FOR TIIE TANOET
LD NOT AGREE
LARTTEDOOSTANCE USED, SUnVEYORTIUSRED AO DISTANCE BOUNDARY TII TOUAGREED WIT11 TDTIIE
BE Tilt E
ROAD STATIONING.
I (G) TIIE DEED RECORDED IN BOOK 2E6 AT PACE SIS CALLS NO ►On SI EXCEPTION TN
LYING SOUTIIWESFE PLY OF A LINE STARTING 2 FEET IiOR TE AStlls OF TIIE
MOST SOUTHERLY CORNER OF LOT S, (SURVEYOR INTERPRETED TIIIS TO BE
At -ONO T1/E ARC BOUNDARY NOT A STRAIGIIT LINE), AND A POINT N2A'BO E
IT,00 FEET FnOM'TItE MOST WESTERLY CORNER OF LOT S. T11[ MOST WESTERLY
LOT CORNCn 01 LOT S 13 1,2 FEET 170'I4'W OF TIIE LOT BOVMOnY CnUnSF
Tiff
TIIEMCE WENtUnVEYOM ALONG', THERTLOT ABOUNDARY SN 50'51 [ LI.2COE'ETR AND LINEN•
ALONG TIIE, N 21'SO E BOUNDARY TIIE nEMAIHINO 1S.B FEET. TIIE DEEET
ALSO ESTADLISIIEI A UTILITY EASEMENT ALONO THE NEW LINE• TV2
ON EITNER SIDE. SURVEYOR IN
THIS EASEMENT TO BE IN ADDITION
TO THE SUBDIVISION EASEMENT ALONG THE LOT BOUNDARIES.
6. THIS PROPERTY If LOCATED ON 'THE PITKIN COUNTY, COLORADO AND INCORPORATED
OOD
COMMUNITY -PANEL FLOOD NUMBERIISOB091T E COP 20AC.AMTNE FL PROPERTY INSURANCE
WITIIRINT AP
TIIE
ZONE "K; On IN 7111E AREA OUTSIDE THE 300-YEAn FLOOD PLAIN.
!" PIPE MONUMENT = 1�/ / 11,
f
POINT ( 1
SURYEYOnL! STATEMENT
nVEYon
YNIE STATE
DOL CONFI'RMB VIEERERYR• THAT O'THIS [ PLATANWAS U PnEPAnEON FOR EU ENE OFMASONRADO,
Of A SURVEY PE RTORMEO BY MYSELF OR UNDER MY DIPECT RESPONSIBILITY,
SUPERVISION ANO CIIECKINO IN MAY OF 1993, ON THE PROPCR TY LOCATED IN
ASPEN GROVE SUBDIVISION TO ASCERTAIN TIIE BOUNDARIES OF TIIE
PROPERTY, IMPROVf.MENTS, AND ANY ENCROACIIMENTS TIIEnEON. TIIE BOUNDARY
ET AT TIIIE
SAID MPROPFR}yW ANREREN. WERE SAO10 MOIUMENOTSNDA ER S ACCURATELY AND
CORRECTLY OF IIIE RSHOWNF
IIEFIEON. ALL DIUENS1011S AND DETAILS SIIOWN IIEREON ARE CORRECT TO TIIE
BEST OF MY KNOWLEDGE.
i)(iF
l OUlf II, BUET TMCR LS 13111 ITS• 13IT; •Tr
� r
��: mow[! /I/ ._._..____. .._..._._____ •'4�... .f�.