HomeMy WebLinkAboutcoa.lu.ec.Merriam-Lot Split.028A-84MERRIAM - Lot Split 0
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City of Aspen
CASE NO./
STAFF:
PROJECT NAMEI:-
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APPLICANC
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REPRESENTATIVE:
Phone:
TYPE OF APPLICATION:
(FEE)
I.
GMP/SUBDIVISION/PUD (4 step)
1. Conceptual Submission
($2,730.00)
2. Preliminary Plat
($1,640.00)
3. Final Plat
($ 820.00)
II.
SUBDIVISION/PUD (4 step)
1. Conceptual Submission
($1,900.00)
2. Preliminary Plat
($1,220.00)
3. Final Plat
($ 820.00)
III.
EXCEPTION/EXEMPTION/REZONING
(2 step) ($1,490.00)
/
IV.
SPECIAL REVIEW (1 step)
($ 680.00)/
1. Special Review
2. Use Determination
3. Conditional Use
4. Other 4'`yZ�,�e�
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P&Z MEETING DATE: CC MEETING
DATE:{" ,,N DATE REFERRED:
REFERRALS:
V City Attorney
City Engineer
Housing Director
Aspen Water Dept.
City Electric
Environmental Hlth
",/Aspen Consol. S.D.
Mountain Bell
Parks Dept.
Holy Cross Electric
Fire Marshall
Fire Chief
School District
Rocky Mtn. Natural Gas
State Hwy Dept. (Glenwood)
State Hwy Dept. (Grd. Jctn
Building Dept.
Other:
FINAL ROUTING: DATE ROUTED: /n/b
City Attorney City Engineer Building Dept.
Other: Other:
FILE STATUS AND LOCATION: 66_,w
i
DISPOSITION:
CITY P&Z REVIEW:
r
CITY COUNCIL REVIEW: �;1 f I �� •\^' c i
Ordinance No.
CITY P&Z REVIEW:
0
CITY COUNCIL REVIEW:
Ordinance No.
CITY P&Z REVIEW:
CITY COUNCIL REVIEW:
•
Ordinance No.
APPLICATION FOR EXPEDITED REVIEW OF
EXCEPTION FROM SUBDIVISION REGULATIONS
Request is hereby made on behalf of John F. Merriam and Lucy
L. Merriam, as owners of an undivided 47/50th interest, and Gail
Angotti Merriam, James Alexander Merriam and Joan Alexander
Merriam, as owners of an undivided 1/50th interest, each, (here-
inafter jointly referred to as "Applicants") under Section
20-19(c) of the Municipal Code of the City of Aspen, Colorado,
for an expedited review of this Application for Exception from
Subdivision Regulations. The Applicants are seeking to divide
their property into two separate lots, Lot 1 containing the
existing single-family dwelling and Lot 2 for the eventual con-
struction of a single-family dwelling (hereinafter referred to as
the "Merriam Property").
REQUEST FOR EXPEDITED REVIEW
Section 20-19(c) grants authority to the City Council to
hear Exceptions from the Subdivision Regulations, without prior
consideration by the Planning and Zoning Commission. The City
Council may grant exceptions from the standard requirements of
Chapter 20 and grant final subdivision approval when the City
Council, in its sole discretion and judgment, deems certain
requirements to be redundant, serve no public purpose and to be
unnecessary in relation to the land use policies of the City of
Aspen.
The Applicants request that the City Council except the
division of the Merriam Property from the following subdivision
requirements:
§20-10 Conceptual Presentation
§20-11 Preliminary Plat - Procedures
§20-12 Preliminary Plat - Contents
§20-13 Preliminary Plat - Public Hearing
BASIS FOR SUBDIVISION AND EXPEDITED REVIEW
The Applicant seeks final approval of a plat which
designates the division of the Merriam Property into two lots.
The Planning and Zoning Commission and the City Council have
recognized that it is in the best interest of the City to sim-
plify the processing of a subdivision application if the Code
requirements are redundant, serve no public purpose, and are
unnecessary in relation to the land use policies of the City.
Processing of this Application should proceed directly to the
City Council to avoid redundant review of the Plat and because
consideration of the Application will not involve an analysis of
the land use policies for Aspen.
The standard review process is unnecessary in relation to
the proposed division of the Merriam Property because this pro-
posal has no effect on the Subdivision's structural design,
street arrangement or traffic flow, recreation or open space.
Nor will this proposal affect the light and air standards, the
congestion of population, storm water runoff or the accessibility
of fire fighting equipment to the Subdivision. Furthermore,
approval of the proposal results in no nonconforming uses. Our
check in the amount of $680.00 payable to the City of Aspen
accompanies this application.
EXEMPTION FROM GROWTH MANAGEMENT QUOTA SYSTEM
Section 24-11.2(d) grants an exemption from compliance with
the allotment procedures set forth in Article XI for the con-
struction of one single-family residence on a lot subdivided
after November 14, 1977, where the following conditions are met:
(1) The tract of land which is being subdivided
has a pre-existing dwelling unit;
(2) No more than two (2) lots are being created
by the Subdivision.
IWM
EXHIBITS TO APPLICATION
Accompanying this Application For Expedited Review of Excep-
tion from Subdivision Regulations is a Commitment for Title
Insurance No. BD-209119 issued by Aspen Title Company, Ltd.,
labeled Exhibit A, showing title vested in the Applicants. The
proposed Plat For The Merriam Subdivision is Exhibit B and a list
containing the names and addresses of all owners within 300 feet
of the Merriam Property is Exhibit C.
DATED this day of August, 1984.
HOLLAND & HART
BY
axles T. Brandt
-3-
•
EXHIBIT "B" ATTACHED AND MADE A PART OF
LAWYERS TITLE INSURANCE CORPORATION
COMMITMENT NO. BD-209119
Aspen Title Company, I.td. File No. A84-240
EXCEPTIONS (continued)
6. The lien of all taxes and assessments for the 1984, and thereafter.
7. Reservations and exceptions as contained in United States Patent
recorded June 8, 1888 in Book 55 at Page 2 as follows: right of
proprietor of a vein or lode to extract and remove his ore therefrom,
should the same be found to penetrate or intersect the premises.
8. Reservations and exceptions as contained in United States Patent
recorded June 28, 1905 in Book 136 at Page 333 as follows: the
premises hereby conveyed may be entered by the proprietor of any
vein or lode of quartz or other rock in place bearing gold, silver,
cinnabar, lead, tin, copper -,or other valuable deposits for the
purpose of extracting and removing the ore from such vein or lode,
should the same or any part thereof be found to penetrate, intersect,
pass through or dip into the mining ground or premises; and right of
way for ditches or canals constructed by the authority of the
United States.
9. Reservations and exceptions as contained in United States Patent
recorded April 27, 1923 in Book 136 at Page 409 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 or intersect or extend
into said premises, for the purpose of extracting and removing the ore
from such other vein, lode or ledge.
10. Reservations and exceptions as contained in United States Patent
recorded March 23, 1960 in Book 190 at Page 189 as follows: right of
way for ditches or canals constructed by the authority of the
United States.
11. All rights of way and easements of roads and ditches heretofore
granted or used, as excepted in deed recorded November 12, 1938 in
Book 166 at Page 84.
12. Any portion of the subject property, if any, lying within the railroad
right of way of the Denver & Rio Grande Railroad, as excepted in
deed recorded August 24, 1961 in Book 195 at Page 106.
13. Any tax, assessments, fees or charges by reason of the inclusion of
the subject property in Aspen Fire Protection District, Aspen Sanitation
District and/or Aspen Metropolitan Sanitation District and Aspen Valley
Hospital District.
,
0 -c,,, �, C�-
MEAIORANDUId
TO: Collete Penne, Planning Office
FROM: Chuck Ro ineering Department C-k
DATE: S tember 10, 1964 /
RE: Merriam- division Exception
---------------
Having reviewed the above application and having made a site
inspection, the Engineering Department has the following comments:
1. The addition of a single family dwelling to this neighborhood
is acceptable in regards to supplies of utilities except that
such a new structure would be on the order of 400' from the
nearest fire hydrant- Requirement of the subdivider to provide a
new fire hydrant might be necessary and should be verified with
the fire department.
2. The Engineering Department requests that platting in accordance
with Sec. 20-15 be required for approval. The plat which was
submitted is lacking much of the information required in 20-15.
A portion of the Rio Grande Trail may be on the applicant's
property in which case an easement should be acquired. Also,
there are fences and many large trees which we should know if
they are in the R.O.W. The irrigation ditch is not shown.
3. The applicant should be informed that permits must be obtained
for removal of any trees on public R.O.W. (19-127) and any tree
on private property over 6" in diameter (13-76) and that such
removals are basically discouraged.
4. The river is not shown, not to mention the 100-year floodplain
line. A note should be on the plat stating the requirement for
Stream Margin Review for any improvements to be constructed
within 100 feet of the high water line (24-6.3).
5. Monuments must be found or set as an improvement which
protects the property owner, as well as neighbors, from encroachment
problems.
6. The applicant should be required to join improvement districts
per standard language available from the City Attorney's office.
7. The letter of application does not use the correct legal
description of the property. See the title insurance company
description The following would be a more appropriate description
of what the applicant owns and would like to subdivide:
A parcel of real property being part of Lots 10, 11 and
• -�iB/T L�
CED I .. I __
ASPEN WATER DEPARTMENT
IND14mH7_r i u
TO: COLETTE PENNE, PLANNING OFFICE
FROM: JIM MARKALUNAS
SUBJECT: M T SPLIT
DATE: EP MBER 10, 4
We have reviewed the application of John F. Merriam and since there is water in
the adjacent street and this is in an approved subdivision, we see no problem with
water supply, provided the applicant obtains the necessary permits for connecting
to the water system.
JM:ab
•
L�
MEMORANDUM
TO: Mayor Bill Stirling and Aspen City Council
THRU: Hal Schilling, City Manager\
FROM: Colette Penne, Planning Office
SUBJECT: Merriam - Subdivision Exception and GMP Exemption
DATE: ctober 9, 1984
SUMMARY:
The Planning Office recommends approval of subdivision exception for
the purpose of a lot split and an exemption from the GMP allotment
procedures for a single-family house on the newly -formed lot as per
Section 24-11.2(d).
PREVIOUS COUNCIL ACTION:
Council has taken no previous action on this request. It is being
processed as an expedited (one-step) review which comes directly to
Council.
BACKGROUND:
The parcel is in the R-15 zone and contains 2.76 acres (120,225
s. f.) . The property is located at 850 Roaring Fork Road. There is a
pre-existing dwelling on Lot 1 and a lot split is a low -density
alternative for the potential development of this parcel. Expedited
review is possible under Section 20-19(c) as a one-step process before
City Council, without prior review by the Planning and Zoning Commis-
sion. Exceptions from full subdivision and final approval can be
given when Council "deems certain requirements to be redundant,
serve no public purpose and to be unnecessary in relation to the land
use policies of the City of Aspen."
A GMP exemption is allowed by Section 24-11.2(d) for the construction
of one single-family residence on a lot subdivided after November 14,
1977, where the following conditions are met:
1. The tract of land which is being subdivided has a pre-
existing dwelling unit;
2. No more than two (2) lots are being created by the subdivision.
3. The lot under consideration has not previously been the
subject of an exemption from GMP provisions or a "lot split"
exception or exemption pursuant to Section 20-19.
•
PROBLEM DISCUSSION:
This a pro -forma lot split in that the parcel is of ample size to be
subdivided into two lots, no more than two lots are being formed by
the subdivision, and the property has a pre-existing dwelling unit on
it. It is a low -density alternative, since the original dwelling is a
single-family house and the new lot will be given the right to a
single-family house through the exemption from GMP. Each resulting
lot is far in excess of the minimum lot size of 15,000 s.f. required
in the zone. Lot 1 will contain 77,972 s.f. and Lot 2 will contain
42,601 s.f.
The lots both have access from Roaring Fork Road, the Sanitation
District and Water Departments can serve the new residence, and the
Fire Department notes that the new structure must be within 600 feet
of the nearest hydrant (or one must be installed) . The Engineering
Department's memos are attached (Exhibits A, B and C) and outline
several plat changes which will be enumerated as conditions.
ALTERNATIVES: N/A
FINANCIAL IMPLICATIONS: None.
ADVISORY COMMITTEE VOTE: N/A
RECOMMENDATION AND PROPOSED NOTION:
The Planning Office recommends the following motion:
"I move to approve subdivision exception for the purpose of a lot
split of the parcel as submitted and to further approve a GMP
exemption (per Section 24-11 .2 (d)) for the construction of a
single-family house on the newly formed lot with the following
conditions:
1. Installation of a new fire hydrant unless one is within 600
feet of the proposed structure.
2. Provision of a ten foot easement for Holy Cross Electric,
five feet on each side of the property line shared by Lots 1
and 2.
3. An existing easement (10' wide) must be indicated on the
plat for the overhead power line.
4. The applicant must record a Statement of Subdivision Exception
which is approved as to form by the City Attorney's Office.
5. Applicant must agree to join any future improvement districts
in the event they are f ormed.
2
•
C1
6. A park dedication fee will be required for construction of
the new house.
7. The subdivision plat must conform to Section 20-15 and 20-16
and be approved by the City Engineering Department prior to
recordation. Specific plat changes to be made are listed in
as Items 2, 4, 5 and 7 on the Engineering Department memorandum
of September 10, 1984 (attached as Exhibit "C") .
8. The plat must indicate that no further subdivision may be
granted for these lots nor additional units be built without
receipt of applicable approvals pursuant to Chapter 20 and
an allocation pursuant to Section 24-11.1.
3
MEMORANDUM
TO: Colette Penne, Planning Office
FROM: Chuck Roth, City Engineering Department (2-)
DATE:;; 0%�ctober 1,
RE: Merriam Subdivision Exception
This is a second addendum to the memo of September 10. At that time,
we had not been able to determine utility easements. One easement
is requested by Holy Cross Electric Company, a ten foot easement, five
feet on each side of the property line shared by Lots 1 and 2.
The purpose of easement is to provide for undergrounding of utilities
and to provide the utility companies with access through the parcels
to the rear lot lines.
In addition, an existing easement needs to be indicated on the plat,
ten feet wide, for the existing aerial line that crosses the property.
If you would like me to communicate this information myself to the
applicant, please let me know.
•
•
EXHIBIT "A" ATTACHED AND MADE A PART OF
LAWYERS TITLE INSURANCE CORPORATION
COMMITMENT NO. BD-209119
Aspen Title Company, Ltd. File No. A84-240
LEGAL DESCRIPTION:
Parcel 1
A tract of land located in the Southeast one -quarter of the Northeast
one -quarter and the Northeast one -quarter of the Northeast one -quarter
of Section 12, Township 10 South, Range 85 West of the 6th P. M.
Part of said tract being all of Lots 15 through 25 and part of Lot 14,
Block 4 of the Aspen Company Subdivision. Said tract is described
as follows:
BEGINNING at a point on the center line of the Roaring Fork River at
low water whence the Southeast corner of the Northeast one -quarter
of the Northeast one -quarter of said Section 12 bears East 178.88 feet;
thence North 5° 45' West 53.00 feet along the center line of the
Roaring Fork River at low water;
thence North 23' 00' West 70.00 feet along the center line of said river
at low water;
thence North 58' 51' West 28.11 feet along the center line of said river
at low water to the intersection with the Northwest line of Lot 25,
Block 4, Aspen Company Subdivision as extended Northeasterly;
thence South 49' 52' 40" West 335.23 feet along the extended Northwest
line of said Lot 25 to the most Westerly corner of said Lot 25;
thence commencing on a bearing of South 400 07' 20" East around a
curve to the right whose radius is 168.50 feet for a distance of
171.90 feet along the Westerly line of said Block 4 to the most Northerly
corner of Lot 14, Block 4, Aspen Company Subdivision;
thence South 57° 59' 30" East 123.53 feet to the most Southerly corner
of said Lot 14;
thence South 65' 53' 20" East 200.00 feet along the extended South line of
said Lot 14 to center line of Roaring Fork River at low water;
thence North 5° 10' East 179.87 feet along the center line of said river;
thence North 5° 45' West 215.00 feet along the center line of said river
to the POINT OF BEGINNING.
Parcel 2
A tract of land being a part of Lots 10, 11 and 14 and all of Lots 12
and 13
Block 4
ASPEN COMPANY SUBDIVSION
described as follows:
BEGINNING at Corner No. 1, which is the Southwest corner of Lot 10,
Block 4, Aspen Company Subdivision according to the plat therefor, said
corner being also common to the most Easterly corner of Lot 9, Block 4;
thence diagonally Westerly to the Northeast corner of said Lot 10, said
corner being coincident with the most Westerly corner of Lot 11, Block 4;
(continued)
LAWYERS
BD-209119
A84-240
EXHIBIT "A" - LEGAL DESCRIPTION (continued)
thence Northerly along the Westerly boundary line of Block 4 being
also the Easterly boundary of the street as shown on said plat to
the Northeasterly corner of Lot 14, Block 4 (being the most Northerly
corner of said Lot 14 as located and described in deed recorded
in Book 195 at Page 106) this being coincident with the most Westerly
corner of Lot 15, Block 4;
thence South 57° 59' 30" East to the Southwesterly corner of said
Lot 14, this being the most Southerly corner of said lot;
thence Southerly and Westerly along the Easterly boundary line of
said lots to Corner No. 1, the PLACE OF BEGINNING,
EXCEPT:
That part of said Lots 10 and 11, Block 4 conveyed to Lydia T. Jonas
in deed recorded in Book 201"at Page 562.
All being in Pitkin County, Colorado.
rr B
MEMORANDUM
TO: Colette Penne, Planning Office
FROM: Chuck Roth, City Engineering Department d-p-
DATE: ember 17, 19
RE: Merriam Subdivision Exception
This is an addendum to the memo of September 10. I have reached the
fire department and have been told that the requirement regarding
distances to fire hydrants in residential areas is that the furthest
point of the structure be within 600 feet of the nearest hydrant.
�EXHIBIT C
ASPEN TITLE COMPANY, LTD.
530 East Main Street
Aspen, Colorado 81611
TITLE REPORT NO. A84-273
PROPERTY OWNERS ADJACENT TO THE FOLLOWING DESCRIBED PROPERTY:
Please see Exhibit "A" attached and made a part
hereof.
PROPERTY OWNERS
Elizabeth H. Paepcke, as Executrix of the Estate of Walter Paepcke
Elizabeth H. Paepcke
c/o Morrison and Morrison, Ltd.
105 West Adams
Chicago, Illinois 60603
Jean Parkes Maytag
845 Roaring Fork Road
Aspen, Colorado 81611
Martin J. Raynes
c/o MJR Co.
425 East 61st Street
New York, New York 10021
Lawrence S. Searcy
Aubrey K. Searcy
1949 Stemmons Freeway
Dallas, Texas 75207
Anne F. Farish
2200 Willowick
Houston, Texas 77027
J. R. Sturgis and
J. R. Sturgis as Trustee of the J. P. Sturgis Trust "B"
730 East Durant Street
Aspen, Colorado 81611
Gary Fred Thomson and Sara Figi Thomson as Trustee of the Thomson
Family Trust dated March 12, 1982
820 Roaring Fork Road
Aspen, Colorado 81611
Aspen Center For Environmental Studies, a Colorado non-profit corporation
100 East Puppy Smith Road
Aspen, Colorado 81611
(continued)
ASPEN TITLE COMPANY, LTD. TITLE REPORT NO. A84-273
Property owners adjacent to Merriam Property
Albert Kern
Susan Kern
Box 389
Aspen, Colorado 81612
Elizabeth Grindlay
Box 2154
Aspen, Colorado 81612
Jack S. Crandall
Gesine A. Crandall
Box 1066
Aspen, Colorado 81612
Edwin A. Lynch
Box 423
Aspen, Colorado 81612
A. Ray Lavender
Rosemarie R. Lavender
Box 1129
Aspen, Colorado 81612
Henry E. Catto, Jr.
Jessica H. Catto
110 East Crockett Street
San Antonio, Texas 78205
Jean Holton
Jean Holton Westfeldt
c/o Patrick Westfeldt
Box 8789
Denver, Colorado 80201
The County of Pitkin
506 East Main Street
Aspen, Colorado 81611
Joan B. (Ball) Lane
Box 46
Aspen, Colorado 81612
Esther F. Goodrich
Hugh Robert Goodrich
Priscilla Goodrich Rea
c/o James A. Hall & Associates, Inc.
Suite 412
9494 Southwest Freeway
Houston, Texas 77074
(continued)
IP
a
CITY OF ASPEN
130 south galena street
aspen, colorado 81611
303-925 -2020
MEMOkANDUM
DATE: Se ber 25, 1984
TO: Colette Penne
FROM: City Attorney
RE: Merriam Lot Split
Attention should be paid to the standards of Section 24-11.2(d),
and any approval should be conditioned upon statement of exception
approved by my office and subdivision application approved by the
City Engineer.
We further note that the application form is excellent and
recommend its use with regard to similar applications. We also
suggest that all land use applications be executed by the owner of
the property, not merely the property owner's attorney.
PJT/mc
MEMORANDUM
TO: Ci��t Attorney
,Q ty Engineer
,:A�� n Water Department
aspen Consolidated Sanitation District
FROM;: Colette Penne, Planning Office
RE: Merriam Lot Split
DATE: August 29, 1984,
Attached is an application submitted by Holland & Hart on behalf of
the applicant John F. Merriam, requesting expedited review for a subdivi-
sion exception. The applicants wish to divide their property into two
separate lots, Lot 1 containing an existing single-family dwelling and
Lot 2 for 'a proposed single-family dwelling in the future. Please
review this application and return your referral comments to the
Planning Office no later than September 7, 1984, in order for this
office to have adequate time to prepare for its presentation at a
public hearing before the Aspen City Council on September 24, 1984.
Thank you.
�0r05 n .C_ui S/'LI l GA
r'jiE' �,�1'•- C0�-S•�-i rani �� SA'-i7-RTi�.-. !7 /ST.t/ ci-
6 PUBLIC NOTICE •
RE: Merriam Lot Split
NOTICE IS HEREBY GIVEN that a public hearing will be held before
the Aspen City Council on October 9, 1984, at a meeting to begin at
5 : 00 P.M. , in Council Chambers, 130 S. Galena, Aspen, Colorado, to
consider an application submitted by John F. Merriam requesting a lot
split of his property located on Roaring Fork Drive, into two separate
lots, one containing an existing single-family dwelling and the other
to contain a single-family dwelling in the future.
For further information contact the Planning Office, 130 S. Galena,
Aspen, Colorado 81611 (303) 925-2020, ext. 223.
s/William Stirling
Mayor, Aspen City Council
Published in the Aspen Times on September 20, 1984.
City of Aspen Account.
OCT 91994
•
I
hereby certify that on this day
of 01
198,.E ,
a true and correct copy of the attached Notice of Public
Hearing
was deposited in the United States
mail,
first-class
postage
prepaid, to the adjacent property owners as
indicated on
the attached
list of adjacent property owners
which
was supplied
to the
Planning Office by the applicant in
regard
to the case
named on
the aforementioned public notice.
L� I k i��
Ja et Lyntf Ra cz a
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MEMORANDUM
TO: City Attorney
City Engineer
Aspen Water Department
Aspen Consolidated Sanitation District
FROM:: Colette Penne, Planning Office
RE: Merriam Lot Split
DATE: August 29, 1984
Attached is an application submitted by Holland & Hart on behalf of
the applicant John F. Merriam, requesting expedited review for a subdivi-
sion exception. The applicants wish to divide their property into two
separate lots, Lot 1 containing an existing single-family dwelling and
Lot 2 for a proposed single-family dwelling in the future. Please
review this appli-cation and return your referral comments to the
Planning Office no later than September 7, 1984, in order for this
office to have adequate time to prepare for its presentation at a
public hearing before the Aspen City Council on September 24, 1984.
Thank you.
•
DENVER OFFICE
SUITE 2900
555 SEVENTEENTH STREET
OENVER,COLORADO 80202
TELEPHONE (303) 295-8000
TELECOPIER (303) 295-8261
MONTANA OFFICE
SUITE 1400
175 NORTH 27TH STREET
BILLINGS, MONTANA 59101
TELEPHONE (406) 252-2166
TELECOPIER (406) 252-1569
CHARLES T. BRANDT
HOLLAND & HART
ATTORNEYS AT LAW
Ms. Colette Penne
130 South Galena Street
Aspen, Colorado 81611
Dear Colette:
600 EAST MAIN STREET
ASPEN, COLORADO 81611
TELEPHONE (303) 925-3476
Re: Merriam "Lot Split"
WASHINGTON, D. C. OFFICE
SUITE 1200
1875 EYE STREET, N. W.
WASHINGTON, D. C. 20005
TELEPHONE (202) 466-7340
TELECOPIER (202)466-7354
WYOMING OFFICE
SUITE 500
2020 CAREY AVENUE
CHEYENNE, WYOMING 82001
TELEPHONE (307) 632-2160
TELECOPIER (307) 778-8175
S. E. DENVER OFFICE
SUITE 1250
7887 EAST SELLEVIEW AVENUE
ENGLEWOOD, COLORADO 80111
TELEPHONE (303) 74I-1226
Accompanying this letter is the Application for Expedited
Review of Exception from Subdivision Regulations for the Merriam
property together with our check in the amount of $680.00 to cover
the fee for expedited review. Please confirm and let me know that
this application will be handled under the expedited review proce-
dure and, if so, when it will be scheduled to be presented to City
Council. Thank you.
Very truly yours,
CiN—, r' a-" r�'Jbb
Charles T. Brandt
for HOLLAND & HART
CTB/bb
Enclosures
CC to: John F. Merriam
QOMMITMENT
1 Office Location 4 Transaction Code 7 Endorsement Code 10 State Code 13 Source of Business
2 Date Income Reported 5 L,abdny 8 Endorsement Charge 11 County Code 14 Commission, Retention
3 Case Number Charge 9 Total Revenue 12JFrty type
EXHIBIT A
1
3
4
5
6
7
9
10
12
14
1 1
1 3
--_
M
M
M
M—
Ld"ers Title Insurance Corporation
National Headquarters
Richmond, Virginia
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date Jay 30, 1984 at 8:00 A. M. Case No _ A84-240 -_
2 Policy or policies to be issued
(a) Amount S_t¢__e-et-ermin"
12 ALTA Owner's Policy —Form B-1970 (Rev. 10-17-70)
❑ ALTA Residential Title Insurance Policy-1979
Proposed insured:
TU BE DETLRHI1N ll
(b) ALTA Loan Policy, 1970 (Rev. 10-17-70) -= '=` \Am unt $
Proposed insured
(c)
Proposed insured
3. Title to the
described or referred to in this
'iS f,"
Yp
Amount S
I IWestate or interest in the land
e hereof vested in:
JULN F. IbUaRIAM and LUCY L. MERRIAM - 47/50th interest (as to Parcel 1) and all interest
(as to Parcel 2)
GALL ANGOTTI MSRRIAN - 1/50th interest (as to Parcel 1)
JAMES ALEXANDER kW.RRIAM - 1/50th interest (as to Parcel 1)
JOAN ALE)ANDER i~IISR.fZILi - 1/50th interest (as to Parcel 1)
4. The land referred to in this Commitment is described as follows:
PI KA.SE SEE EXHIBIT "A" ATTACHED AND MADE A PART UEREOF.
ASPL4 TITLE CLWANY, LTD.
Countersigned a Aspen, Colorado. _
Authorized Officer or Agent
Form No. 91-88(SCH.A)
035-1-088-0001/3 EXTRA COPY
Commitment No. BD-209119
Schedule A —Page 1
This commitment is invalid unless
the Insuring Provisions and Sched-
ules A and B are attached.
:LYtryljarr• n�t
Lawyers Title Insurance Corporation
National Headquarters
Richmond, Virginia
SCHEDULE B—Section 1 Merriam
Requirements A54-240
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest
to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record,
to -wit:
1. Deed from John F. Merriam and Lucy L. Merriam and Gail Angotti
Merriam and James Alexander Merriam and Joan lUex nder Pierriam
vesting fee simple title in a party to be determi ed.
MOTE: upon receipt of came of grante n e r ferenced deed,
additional requirements may be ne sary.
OTHER REQUIREMENTS HOT TO BE REQORDED
(c)
Lvidence of compliance wit the prov ins of the Real Estate Transfer
TaA Ordinance No. 20 (Ser es of 1979)
I---- I
This commitment is invalid unless
the Insuring Provisions and Sched-
ules A and B are attached.
Form No. 91-88(B-1)
035-1-088-0003 3
Schedule B-Section 1 -Page 1 -Commitment No.
EXTRA COPY
•
C�
Lawyers Title Insurance Corporation
Home Office —Richmond, Virginia
Herriam
SCHEDULE B—Section 2 A84-2.40
Exceptions
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to
the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which
a correct survey and inspection of the premises would disclo e and which are not shown by the
public records.
4. Any lien, or right to a lien, for services, labor or material h etofore or hereafter furnished, im-
posed by law and not shown by the public records.
5. Defects, liens, encumbrances, adverse clai or of er matters, if any, created, first appearing in
the public records or attaching subsequ t to the a ective date ereof but prior to the date the
proposed insured acquires of record for value the state or interest or mortgage thereon covered
by this Commitment.
PLEAS% SAE FXIiIM "
AND MADE A PART HEREOF.
Exceptions numbered none ____are hereby omitted.
The Owner's Policy to be issued, if any, shall contain the following items in addition to the ones set forth above:
(1) The Deed of Trust, if any, required under Schedule B—Section 1, Item ib�.
(2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing issuance
thereof; water rights, claims or title to water.
i3) Any and all unpaid taxes, assessments and unredeemed tax sales.
Schedule B—Section 2—Page 1—No. R'"—Irlo11"
Form 91-88 B2 Rocky Mt.
035-1-088-0504 EXTRA COPY
Page Two
Merriam Subdivision Exception
September 11, 1984
14, and all of Lots 12, 13, 15-25, Block 4, Aspen
Company Subdivision, and unplatted portions of the
North Annexation (described by metes and bounds).
These lot lines should be shown on the plat.
8. Lot 2 as shown has only 20 feet of frontage on Roaring Fork
Road. Although this is sufficient to allow access to the parcel,
it "doesn't look right." One problem that could come up would be
if improvement districts were formed with assessments to property
owners calculated on frontage lengths. In such a case, the owner
of proposed Lot 1 would be assessed 91% of the improvements along
the total frontage of the existing parcel.
CR/co/merriamSubdivisionException
0
~
K&E 19 1154 84254
pF
I"=1000' f
O ❑ HAIL
NORTH
VICINITY MAP
11,
WR
0 15 30 60 90 120 150
SCALE: I"= 30'
BASIS OF BEARING: USC&GS ASPEN TO ASPEN AZIMUTH S08°22'08"E
NOTICE. According to Colorado law you must 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 dateof the certification shown
hereon
Alpine Surveys
Post Office Box 1730
Aspen, Colorado 81612
303 925 2688
SUBDIVISION EXCEPTION PLAT
,ter TTTE iv]ERRIAM SUBDIVISION
Own NER9S CERTfflCOTE AND
STATEMENT OF SUBDWM�ON
JOHN F. MERRIAM, LUCY L. MERRIAM, GAIL ANGOTTI MERRIAM, JAMES ALEXANDER
MERRIAM AND JOAN ALEXANDER MERRIAM, AS OWNERS OF THE REAL PROPERTY
DESCRIBED HEREIN, CITY OF ASPEN, COLORADO, HEREBY SUBDIVIDE SAID REAL
PROPERTY INTO TWO SEPARATE PARCELS TO BE KNOWN AS LOTS I AND 2,
MERRIAM SUBDIVISION, SUBJECT TO THE CONDITIONS SET FORTH IN THE STATEMENT
OF EXCEPTION FROM THE SUBDIVISION PROCE55 RECORDED IN BOOK AT
PAGE . IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO.
S.E. CNR OF THE N.E. I/aF OF
THE N.E. 1/4. 5ECTON 12.
JOHN F. MERRIAM
LUCY L. MERRIAM
GAIL ANGOTTI MERRIAM
JAMES ALEXANDER MERRIAM
JOAN ALEXANDER MERRIAM
STATE OF l S.S.
COUNTY OF f
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THI5
DAY OF 1984-, BY JOHN F. MERRIAM AND LUCY L. MERRIAM.
WITNESS MY HAND AND OFFICIAL SEAL.
MY COMMISSION EXPIRES
NOTARY PUBLIC
ADDRESS
STATE OF-1 5.5.
COUNTY OF
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS
-
DAY OF-,1984, BY GAIL ANGOTTI MERRIAM, JAMES ALEXANDER
MERRIAM AND JOAN ALEXANDER MERRIAM.
WITNESS MY HAND AND OFFICIAL SEAL.
MY COMMISSION EXPIRE5
NOTARY PUBLIC
ADD -,S
CITY OF ASPEN SU:DIVISION
FAN FPKOOVAL AND ACCER'TANCE
THIS SUBDIVISION EXCEPTION PLAT OF THE MERRIAM SUBDIVISION WAS APPROVED BY
THE CITY OFASPEN AS AN EXCEPTION FROM THE FULL SUBDIVISION PROCESS,
PURSUANT TO SECTION 20-19 Cc), ASPEN MUNICIPAL CODE ON THE DAY
OF 11984., AND SIGNED ON THIS DAY OF ,1964.
KATHRYN S.KOCH
CITY CLERK
WILLIAM STIRLING
MAYOR
C ffY ENG�NEER"S APPROVAL
THIS SUBDIVISION EXCEPTION PLAT OF THE MERRIAM SUBDIVISION WAS APPROVED
BY THE CITY ENGINEER OF THE CITY OF ASPEN THIS -DAY OF ,1984-.
JAY HAMMOND
CITY ENGINEER
CLEf�K AND F�ECOORDERS CERTIFICATE
THIS SUBlIV1510N EXCEPTION PLAT OF THE MERRIAM SUBDIVISION IS ACCEPTED
FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY,
COLORADO, AT O'CLOCK .M., THIS DAY OF ,IJ84, IN
PLAT BOOK AT PAGE , RECEPTION NO
Surveyed 25 JULY 1984 SN Revisions
Drafted
PITKIN COUNTY CLERK AND RECORDER
SURVEYO'' S CERTIFICATE
1, DANIEL F. McKENZIE, A REGISTERED COLORADO SURVEYOR (REGISTRATION W 20151),
HEREBY CERTIFY THAT ON JULY 25TH., 1984-, A SURVEY WAS PERFORMED UNDER MY
DIRECTION AND SUPERVISION OF THE REAL PROPERTY DESCRIBED HEREIN, CITYOF
ASPEN, COLORADO, IN ACCORDANCE WITH COLORADO REVISED STATUTES M73,TITLE 38,
ARTICLE 51, AND THAT THI5 MAP ACCURATELY DEPICTS SAID SURVEY.
BY
TITLE CERTIFICATE
ALPINE SURVEYS
,1984
DANIEL F. MIKENZIE
L.S. 20151
THE UNDERSIGNED,A DULY AUTHORIZED REPRESENTATIVE OFACORPORATE TITLE
INSURER REGISTERED TO DO BUSINESS IN PITKIN COUNTY, COLORADO, DOES HEREBY
CERTIFY, PURSUANT TO SECTION 20-15(j) OF THE ASPEN MUNICIPAL CODE, THAT
THE PERSONS LISTED AS OWNERS ON THIS PLAT DO HOLD FEE SIMPLE TITLE TO THE
WITHIN DESCRIBED REAL PROPERTY, FREE AND CLEAR OF ALL LIENS AND
ENCUMBRANCES EXCEPT THOSE LISTED ON THE COMMITMENT FOR TITLE
INSURANCE NO BD-209119 EFFECTIVE JULY 30 TH., 18811 , ISSUED BY ASPEN TITLE
COMPANY, LTD.
ALTHOUGH WE BELIEVE THE FACTS STATED ARE TRUE, THIS CERTIFICATE IS NOT
TO BE CONSTRUED AS AN ABSTRACT OFTITLE, NOR AN OPINION OF TITLE, NOR A
GUARANTY OF TITLE, AND IT 15 UNDERSTOOD AND AGREED THAT ASPEN TITLE
COMPANY, LTD., NEITHER ASSUMES, NOR WILL BE CHARGED WITH ANY FINANCIAL
OBLIGATION OR LIABILITY WHATEVER ON ANY STATEMENT CONTAINED HEREIN.
GRANT CRENSHAW, PRESIDENT
ASPEN TITLE COMPANY, LTD.
COURT HOUSE PLAZA BUILDING
ASPEN, COLORADO.
STATE OF COLORADO S.S.
COUNTY OF PITKIN
SUBSCRIBED AND SWORN BEFORE ME THIS
DAY OF 119BI , BY
GRANT CRENSHAW, PRESIDENT OF ASPEN TITLE COMPANY. LTD.
WITNE5S MY HAND AND OFFICIAL SEAL.
MY COMMISSION EXPIRES .
NOTARY PUBLIC
ADDRESS
COVENANT
THE OWNERS, AS "COVENANTORS" HEREIN, FOR THEMSELVES, THEIR HEIRS,
SUCCESSORS, AND ASSIGNS DO HEREBY COVENANT WITH THE CITY OF ASPEN AS
FOLLOWS: IN THE EVENT THAT ANY MUNICIPAL IMPROVEMENT OR IMPROVE-
MENTS OF KIND CONTEMPLATED IN SECTION 20-IG OF THE MUNICIPALCODE
OF THE CITY OF ASPEN, AS AMENDED, BECOME, IN THE SOLE JUDGEMENT OR
DISCRETION OF THE CITY COUNCIL OF ASPEN, NECE55ARY OR DESIRABLE TO THE
AREA OF THE WITHIN DESCRIBED PROPERTY, COVENANTORS WILL MAKE NO
OBJECTION TO ANY SPECIAL ASSESSMENT OR SPECIAL TAX OR PROCEEDING
THEREFOR ON THE BASIS THAT THE PROPERTY 15 ADEQUATELY SERVED BY
EXISTING IMPROVEMENTS AND/OR ON THE BASIS THAT THE PREMISES WILL NOT
BE SERVED OR BENEFITED BY THE IMPROVEMENT OR IMPROVEMENTS
PROPOSED, COVENANTORS FURTHER AGREE TO JOIN, UPON THE DEMAND
THEREFOR BY THE CITY, ANY SPECIAL IMPROVEMENT DISTRICT, OR URBAN
RENEWAL DISTRICT, FORMED FOR CONSTRUCTION OF SUCH IMPROVEMENTS
(INCLUDING,WITHOUT LIMITATION, DRAINAGE, UNDERGROUND UTILITIES,
PAVED STREETS AND ALLEYS, PLANTINGS, CURBS, GUTTERS, SIDEWALKS,
STREET LIGHTS, TRAFFIC CIRCULATION, TRAILS, RECREATION FACILITIES,
BERMS, OPEN SPACE LANDS, PUBLIC TRANSPORTATION FACILITIES, ETC.,) IN
THE AREA OF THE HEREIN DESCRIBED PROPERTY OR TO REIMBURSE THE CITY
OF ASPEN DIRECTLY UPON DEMAND THEREFOR IF THE GTY SHOULD CHOOSE
TO CONSTRUCT THESE IMPROVEMENTS WITHOUT THE FORMATION OF SUCH A
DISTRICT.
PROOI'E[<TY KIWI
A TRACT OF LAND LOCATED IN THE SOUTHEAST I/4 OF THE NORTHEAST %tF AND THE
NORTHEAST 1/4 OF THE NORTHEAST I/cF OF SECTION 12, TOWNSHIP 10 SOUTH, RANGE
8S WEST OF THE G TH. PM.. PART OF SAID TRACT BEING ALL OF LOTS 12,173,15
THROUGH 25 AND PART OF LOTS 10, 11, AND 14, BLOCK 4, ASPEN COMPANY SUB-
DIVISION BEING MORE FULLY DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT ON THE CENTER LINE OF THE ROARING FORK RIVER AT LOW
WATER WHENCE THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST
%4. OF SAID SECTION I2 BEARS EAST 178-88 FEET;
THENCE N 05'45' W 53.00 FEET ALONG THE CENTER LINE OF SAID RIVERAT LOW WATER,
THENCE N23'00' W 70 00 FEET ALONG THE CENTER LINE OF SAID RIVER AT LOW WATER,
THENCE N 58'51'W 28-11 FEET ALONG THE CENTER LINE OF SAID RIVER AT LOW WATER
TO THE INTERSECTION WITH THE NORTHWEST LINE OF LOT 2S, BLOCK 4, ASPEN
COMPANY SUBDIVISION AS EXTENDED NORTHEASTERLY,
THENCE SW'52'40" W 335-23 FEET ALONG THE EXTENDED NORTHWEST LINE OF
SAID LOT 25 TO THE M05T WESTERLY CORNER OF SAID LOT 25,
THENCE COMMENCING ON A BEARING OF 501'27'43"E AROUND A CURVE TO THE RIGHT
WHOSE RADIUS 15 IGS-50 FEET FOR A DISTANCE OF 228-00 FEET ALONG THE WESTERLY
LINE OF SAID BLOCK 4.,
THENCE S 2G' 54'l0"E 123-53 FEET,
THENCE COMMENCING ON A BEARING OF N45"33'38"E AROUND ACURVE TO THE LEFT
WHOSE RADIUS IS 322 19 FEET FOR AN ARC LENGTH OF 53.27 FEET,
THENCE N35'I5'E G5-97FEET,
THENCE S 65"53'2.0"E 200-00 FEET ALONG THE EXTENDED SOUTH LINE OF SAID LOT
14. TO CENTER LINE OF ROARING FORK RIVER AT LOW WATER,
THENCE N 05'10'E 1712)-87 FEET ALONG THE CENTER LINE OF SAID RIVERAT LOW WATER,
THENCE N 05'45' W 215-00 FEET ALONG THE CENTER LINE OF SAID RIVER AT LOW
WATER TO THE POINT OF BEGINNING CONTAINING 2.768ACRES MORE OR LESS.
Title SUBDIVISION EXCEPTION PLAT
OF THE MERRIAM SUBDIVISION
Job No 84 - 79
Client MERRIAM