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HomeMy WebLinkAboutcoa.lu.ec.795 Meadows Rd.A18-94 lIT.r1\OlMENT l :10 USE lIPPIJ:C1\TIQI FOIll-l '" . 1) P1:Oject Name Westview Subdivision 2) Project Location 795 Meadows Road. Aspen. Colorado. situated in Lots 3 and 4 and the No'rthwest 1/4 all in Section 12, Township 10 South, Range 84 West of the 6th P.M. (inllcate street addresS, lot & block nuniJer, legal description WeJ:e a~te) , 3) p.r;esent Zcnin:J R-15 4) Lot size Approx. 35,305 sq.ft. 5) Applicant's Name, ~ & Phone f, James S. and Florence P. Adams, 795 Meadows RORd. ARoen. Coioradd 81611 (303) 925-3388 6) ~tative's Name, ~ & Phone I James S. Adams. 795 Meadows Road, Asoen. Colorado 81611 (303) 925-3388 7) Type 'of Application; (please dlCCk all that awly): O::n:1iuonal Use _ o:n::epb.1al sPA __ 0:xIC.X!ptnal IIistoricDo!V. _ Special Review Fma.r sPA :.:.-_ Final Uist:oric Dev'., Minor iilianric Dev'. _ s~ Margin _ 'CbIXlepI:ual IUD, Final IUD __ ,Iil$taric rxmilitiJ:n 8040 Greenli.ne -. ' " ----'- Ibmtam view Plan~ ~ subdivision . ' __ IIistaric D2signation ----.: O:nkminiumizatiJ:n _ Text;MaP 1\loc!rorent -1L, LotSpli~ Mjusl3neRt 8) DescripUon,of.EJcist:in;J' Uses (runberarrl type of eristinJ' s~; a~te sq. ft.; ronber of bedroans; any previa1sawrollals granted tD the p:t:ql&ty) . ' G'l'OS 1\lla\:Jrent __ G'l'OS ExEnption One story wood house - approx. 3,100 sq. ft. and o~e storage shed - approx. 75 sq.ft., four bedrooms in house - two variances approved by the 80ard oE Ad1ustments on February 3. 1994 - Case H94-1 9) Description of Do!Velcpnent: l\rPlication , Applicants propose to subdivide the property for sale; the existing residential structure will be either moved do reconstructed on one lot and the other lot will be. offered for sale. 10) Have yo..t attad1Cd the follc:1.<linJ? _' nesponse to Atta<::lnrent 2, MiniJl1.lm Sllhni ""o;ion Contents _ nesponse to 1Itta<::lnrent 3, specific Sllhnko;ion (brItents _ Response to lIttad=t: 4, Review starx1ards for yoor Application Jl...1...LI.~....u.......I""'...... ND USE APPLICl\TIUI m1 . 1) P1:Oject Name 2) Project Location . (irrlicate street addresS, lot & block rumXJer, legal descriPtion WeJ:e awrq;>riate) 3) P:I;esent Zcnin:J 4) Lot: size 5) Applicant's Name, ~ & Phone JI , .\1 6) ~tive's Name, J\iIdresS & Ux:ue I 7) Type of Application, (please dlCCk all that awly) : Ccnli.a.onal Use _~SPA _ Final: SPA _ ~ IUD, Final IUD , ~,~l Historic Do!V. _.......~~ , _ Sp>d",' Review :'.:....- Final' Hi.st=ic Dev'., ' _ 8040, Greenli.ne Minor Historic Dev'. _ S~ Margin _ Iil$taric JPnn' itiJ:n .. ----'- Job.mtain yiew Plane ~' subdivision _ O:nkminiumization _ 'I'eJd;lMap ~ _ uistoric Designation _ LotSplit,/IDt Line lldjusbnent 8) Description, of, EJcist:in;J ,Uses (runberarrl type of eristinJ'~; ~te sq. ft.; ronber of beili<Ail5; any previa1sawrollals granted tD the p:t:ql&t:y) . _ G'l'OS 1\llotment: _ G'l'OS ExEnptlon 9) Descripticn of Do!Velcpnent l\rPlicatian 10) Have yoo attad1Cd the follc:1.<linJ? _' nesponse to Atta<::lnrent 2, Min:imJm snhnko;ion Contents _ nesponse to lItta<::lnrent 3, Specific snhnko;ion Contents _ Response to lItta<::lnrent 4, Review starx1ards for Yoor Application i t '" lU &~ 3tt . N at III ~ " ,. , ~ c z_ ~ f- ~ c ~ ~toiIf:'.%~il~- '20' ~ '""" Lur.I.J}-;r --- / ~:.~ --~-------; l~~!!--: ---- / "o!i';~i' , --- I ~111/ -- I ',~ ! ---:- - "- \'~1-tl I n'byJ A\.,ZOl?loZO / ,os ;;ii ( 0'1'3'. ,')j. ...) , I ,E"'io" I - l; ~ Jl ' ,<;;C1)'I>L I " ~it! / _ ~ -~I -':'_3LJ . 1~ I ! ,'i;r1;t----~!--'ltr_;T ! I r ~ I L~ ~~ ~@_~ I 1 (1 I gh ~~ ~i:l ~ z ~ww ~~ I w ~ ~~t ~J Q ~ / zuw I I r / -I I I I I UJ I /8t/ !!fi I ~ ~ / I / I I I +-_____________________ - ------ .llI...r)j<;l ~l~~~:...o~./ ...Lr-OW;f 'iOl.o,1Y -~~ -- ~'--.. - ------ - --- it lCi ~ o N t-' ~ 0; -J!:::' ,0"$.' M"t.$,.t.O.sfN ........"', r--- . 0& - $ ill 8 N- -''!t ~.t Z t-' tl. O~ -J to I I -I- I EXHIBIT B _~C<.._~ - I I ,- AFFIDAVIT OF NOTICE BY POSTING ( As documented below, I have complied with the Notice Requirements of the Aspen Land Use Re~ulations of the Aspen Municipal Code by postin~ of a Public Notice for a Public Hearine before Aspen City Council requesting approval of subdivision exemption for a lot split at the Adams Tract, 795 Meadows Road, Aspen, Colorado. Notice posted May 12th throu~h May 2Jrd, 1994. ---, AFFIDAVIT OF NOTICE BY r~ILING I have complied with the Notice requirements of the Aspen Land Use Reeulations of the Aspen Municipal Code by mailing of Notice, a copy of which is attached hereto, by First Class, Postage Prepaid, Return Receipt Requested, U.S. Mail to all owners of property within three hundred (JOO) feet of the subject property. '\Y'~u r tlc/~ Florence P. Adams, Witness \~ ~.0\\n,~.s:t2~\q,\- James S. Adams, Property Owner PUBLIC NOTICE RE: ADAMS SUBDIVISION EXEMPTION FOR A LOT SPLIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, May 23, 1994 at a meeting to begin at 5:00 pm before the Aspen City council, city council Chambers, city Hall, 130 S. Galena, Aspen to consider an application submitted by James and Florence Adams, 795 Meadows Road, Aspen, CO, requesting approval of a Subdivision Exemption for a Lot Split The property is located at 795 Meadows Road; in Lots 3 & 4 and the NW ~ all in section 12, Township 10 South, Range 84 West of the 6th P.M. For further information, contact Leslie Lamont at the Aspen/Pitkin Planning Office, 130 S. Galena st., Aspen, CO 920-5100. stJohn Bennett. Mavor Aspen city Council Published in the Aspen Times on May 6, 1994 ================================================================= ---dfY--cii -Asp-enAccount ,- -.- -:- PROPERTY OWNERS WITHIN )00' OF 795 MEADOWS ROAD City of Aspen ~ c/o Bill D~\ol"dille;\..ei.I...c=\.,o.,MO~'\'~'>..l9ot\C~ 1)0 South Galena St. Aspen, CO fl161l RHH Aspen Trust / c/o Marc A. Neurman Two North LaSalle S~. Chicae;o, IL 60602 Hollenbeck, John I and Caren Gamicia ~ Chisholm, Jane Hollenbeck and John Walter c/o Dr. Lloyd Shields 4200 East Cedar St. Denver, CO 80222 Kelly Family, Ltd. c/o John Kelly 533 East Hopkins St. 1/ Aspen, CO 81611 Savanah Limited Partnership c/o Joe Imbriani 600 East Cooper St. t-- Aspen, CO 81611 Aspen Institute 1000 North 3rrl St. ~ Aspen, CO 81611 Goldsbury, Chr istopher f.-/ Box 126)6 San Antonio, TX 78212 Pace Foods, Inc. ~ c/o Poer and c.ompany 1200 17th Str;et, Suite 960 Denver, CO 80202 / , K~\l.E,D 50\' \ 9<+ - , \1lo.,~p S:\''2.\''l'T H...,Lk~ S\''J.\q,\ , Mt.I\.c"D 'i;\I'l.\q,.. H/>" \..8) S (11. \ q<j- I l-\....,LE::P S; [12.\ 'l't I'iMLkD S [11. \ q<; , H...\lAD c;;\ I'l.\~'+ " ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 Phone 920-5090 FAX 920-5197 MEMORANDUM DATE: City Engineer Leslie Lamont, Planning Office Adams Subdivision Exemption for a Lot Split Parcel ID No. 2735-122-00-003 March 21, 1994 TO: FROM: RE: Attached for your review and comments is an application submitted by James and Florence Adams. Please return your comments to me no later than April 8, 1994. Thank you. MEMORANDUM \J!!-\i 2. 3 TO. Leslie Lamont Senior Planner, City of Aspen FROI~I Jim Adams DATE. May 23, 1994 REI Adams Subdivision Exemption and GMQS Exemption for a Lot Split Chuck Roth called us several days ago, glvlng us his verbal approval of our Final Lot Split Plat configuration. At his suggestion, we have made up two mylars of the approved Plat for his signature. The Plat Ownership, Surveyor and Title Agent Certificates have all been signed and notarized. As of this date we have delivered to his office two Plat mylars, a signed Sidewlk, Curb and Gutter Agreement along with a check for $10.00, made payable to the Pitkin County Clerk and Re- corden for a plat recording. As of this date we have also delivered to the Planning Office our signed Affidavit of Posting and Mailing of Public Notice for a Public Hearing tonight, including the Certified Mailing receipts. We hope all goes well this evening at the Public Hearing and fervently hope that we might have the opportunity to sign a Subdivision Exemption Agreement by the end of this week. Thank you, again, for all your help and support. DRAFT 03/01/94 March 1, 1994 Ms. Leslie Lamont Aspen/pitkin county Planning Department 130 South Galena Street Aspen, Colorado 81611 RE: Application for Subdivision Exemption for Lot Split pursuant to section 7-1003A, Land Use Code: 795' Meadows Road, Aspen, Colorado Dear Ms. Lamont: Request is hereby made on behalf of James S. Adams and Florence P. Adams, as owners of that property located at 795 Meadows Road, Aspen, Colorado (hereinafter collectively "Applicants") for lot split approval pursuant to the requirements of Section 7-1003A of the Land Use Regulations of the city of Aspen. A completed Land Use Application form is attached as Exhibit "1." ' The Applicants seek to divide their property into two separate lots. There is an existing single family dwelling currently situated on the property. The house will remain in its current location and configuration until such time as a building permit is sought for an additional single family dwelling. At such time, the house will either be demolished or relocated. The requested lot split is depicted on the Plat of the westview Lot Split Subdivision prepared by Alpine surveys dated , submitted herewith as Exhibit "2" (hereinafter "Plat"). The undersigned, James S. Adams, 795 Meadows Road, Aspen, Colorado 81611 (telephone no. 303-925-3388) is the designated representative authorized to act on our behalf. In addition, our attorney, similarly authorized to act for purposes of this application, is Paul J. Taddune, Taddune & Guest, 600 E. Hopkins Avenue, suite 301, Aspen, Colorado 81611 (telephone no. 303-925- 9190). Ms. Leslie Lamont March 1, 1994 Page -2- The street address Road, Aspen, Colorado. appears on the Plat. of the subject property is 795 Meadows A legal description and vicinity map Also submitted herewith and made a part hereof as Exhibit "3" is a certificate from Aspen Title Company disclosing the ownership of the subject property, and lists the names of all owners, and all mortgages, judgments, liens, easements, contracts and other agreements affecting the subject property and demonstrating the Applicants' ownership for purposes of this application. A list of adjacent property owners is attached as Exhibit "4." This application complies with the substantive development review standards of section 7-1003 concerning lot splits. Because the lot split is requested for the purpose of the development of one (1) detached single family dwelling, in addition to what already exists upon the property, and the following conditions are met: (a) The subject property is not located in a subdivision approved by either the pitkin County Board of commissioners or the city council and the subject property is described as a metes and bounds parcel that has not been subdivided after the adoption of the subdivision regulations by the city of Aspen on March 24, 1969. (b) No more than two (2) lots will be created by the lot split, and both lots will conform to the requirements of the underlying R-15 zone district. A nine (9) inch variance on the east side of the property and two ten (10) foot side yard setbacks for the current structure were granted by the Board of Adjustment on February 3, 1994 (case No. 94-1). A copy of ,the Record of Proceedings of the Board of Adjustment in this regard is attached as Exhibit "5." (c) The subject property was not previously the subject of an exemption under the provisions within the meaning of section 7-1003A.2.C. (d) Applicants intend to submit and record a subdivision plat indicating that no further subdivision may be granted for the lots, nor will additional units be built on each lot without receipt of applicable approvals pursuant to Article 7 and the Growth Management Allocation requirements of Article 8 of the Land Use Regulations of the city of Aspen. Ms. Leslie Lamont March 1, 1994 Page -3- The following are submitted herewith in connection with this application: 1. Land Use Application form, together with an application fee in the amount of $ 2. Plat for the westview Lot Split Subdivision 3. Commitment for Title Insurance issued by Aspen Title 4. List of all property owners within 300 feet 5. Copy of Record of Proceedings, Board of Adjustment, dated February 3, 1994 (case No. 94-1) Very truly yours, ~~ ~_~O>>U Ja es S. Adal\ls ~~~,~\.A ~ Florence P. Adams Enclosures p\lt\lBlOOnt.216 . J, NICHOLAS MCGRATH, P,C, A ProfB5sionol Corporation Attorneys At Law 600 East HOpkins Avenue Suile203 Aspen, COlorado 8161\ Telephone (30J) 925-2612 Telecopier (303) 925-4402 J. Nict1Qlas McGrath' Michael C. Ireland January 29, 1991 Mr. Peter Delaney Stewart Title 602 E. Hyman Aspen, CO 81611 Re: Adams R~ ~ LefcAL ~?-S.~-\>dl\~9 ~,,~ ~ElS-k. ~ Lcl---I- ~l~"'\l 0~~+~~ g\.\.~\e~~, Dear Peter: Beginning in 1987 I represented Jim and Florence Adams in a quiet title action to clear up some title defects on their house and property on Meadows road. As part of that I obtained a title commitment from and worked with Randy in your office. As far as I recalled we obtained everything necessary including a summary judgment and several quit claim deeds to make sure the Adamses had clear title. Again as I recall the title issues were caused in large part by some survey problems in the area. When my work was done I told Jim to call Randy, find out what the remaining premium was (we paid $500 for a TBD commitment), and get the policy on his house issued. He then called and left me a message to the effect that you (I think) had some question and were reluctant to issue a policy. I assume there is some miscommunication that can be cleared up by the two of us. We did everything Stewart asked, in a careful and thorough way. I understand Stewart may be gunshy, given its lawsuit with Senior Hallam and Savannah in the area. However, we took great pains at considerable expense to distinguish ourselves from Savannah and Senior Hallam, and in fact we have deeds from both Savannah and Senior Hallam. The Adamses spent several thousand dollars in legal fees in reliance upon your firm's commitment. Therefore you should have no hesitancy whatsoever in following up on your firm's commitment and issuing a policy nonce you have all the facts. I enclose copies of the deeds, and the summary judgment. I'd be happy to take you to lunch next week to clear up the problem for Jim and Florence. Give 'Member, Colo. (1971). Calif. (1969), ondD.G. (1966) bars J, NICHOLAS MCGRATH, p,c. Mr. Delaney January 29, 1991 Page 2 me a calL Thanks. Sincerely yours, J, NICHOLAS McGRATH, P.e. By0,~ J. Nicholas McGrath cc: Jim and Florence Adams ~J "kilt ~ Af/.t fmAlItJ.~ IU.l. m~ alWllt\ <f IIAlJ~ a...L ~Y14 March 4, 1991 600 East Hopkins Avenue Suite 203 Aspen, Colorado 81611 Telephone {303) 925.2612 Telecopier (303) 925-4402 J, NICHOLAS MCGRATH, P,C, A ProftlSsionol Corporation Attomeys At low J. Nicholas McGrath' MIchael C. Ireland Mr. Norman E. Larkins Aspen Title Corp. 600 E. Hopkins, Suite 102 Aspen, CO 81611 Re: Adams, No. 401100-C Dear Norm: We need a few changes in the commitment. Jim Adams thinks $850,000 is a sufficient amount. I think we agreed that the recording of the summary judgment order would suffice for Schedule B, Section 1 (1). Please change the wording of item 2, delete the note in item 2 and delete item 3 concerning the transfer tax, as we are obtaining title insurance for Jim and Flo, and they do not have any immediate desire to selL In Schedule B, Section 2, would you give a mineral protection endorsement for item 8, and is some similar protective endorsement available for items 9 and 11, and do we need to locate those? I assume 12 would be deleted upon your complete examination of County records as noted. Finally, with regard to item 10, Schedule B, Section 2, the reason we quieted title to Parcel D, as described in the commitment, was to enable the title company (then Stewart) to delete this exception. As you will see from D's description, it is an easement that goes to "the West edge of Meadows Road, a public road." Given that, don't you agree item 10 can be deleted? The brief and motion for summary judgment specifically discuss that Jim and Flo built the driveway to Meadows Road and occupied it openly and notoriously for over 18 years. Thanks. Sincerely yours, J. NICHOLAS McGRATH, P.e. By JJ u1c.... J. Nicholas McGrath " " ~. ty.,. AJa.".~ .Member. Colo. (1971), Calif. (1969). ond D.C. (1966) bors ~ CASELOAD SUMMARY SHEET city of Aspen DATE RECEIVED: PARCEL ID AND CASE NO. DATE COMPLETE: 2735-122-00-003 Al8-94 STAFF MEMBER: LL PROJECT NAME: Adams Sub ivision Exemption and Lot Split Project Address: 795 Meadows Road Legal Address: APPLICANT: James and Florence Adams Applicant Address: 795 Meadows Road REPRESENTATIVE: Representative Address/Phone: 925-3388 Aspen. CO 81611 -------------------------------------------------------------- -------------------------------------------------------------- FEES: PLANNING ENGINEER HOUSING ENV. HEALTH TOTAL $ 978 $ 242 $ $ $ 1220 # APPS RECEIVED # PLATS RECEIVED 2 2 TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: -X- 2 STEP: P&Z Meeting Date PUBLIC UESTED , , I~ L. f / rl .~.- (, _ ,- CC Meeting Date 'f; "'" J I .." '_ ,.pUBLIC I f 13 /VESTED -2~ DRC Meeting Date HEARING: YES RIGHTS: YES HEARIN\;Q RIGHTS: YES NO NO NO NO --------------------------------------------------------------- --------------------------------------------------------------- REFERRALS: City Attorney Parks Dept. School District ~~' city Engineer Bldg Inspector Rocky Mtn NatGas Housing Dir. Fire Marshal CDOT Aspen Water Holy Cross Clean Air Board City Electric Mtn. Bell Open Space Board Envir.Hlth. ACSD Other Zoning Energy Center Other ;~~~~~7~~~L:2--------:~;;;;~;~~;;~~~~~~~;~~~. / _ city Engineer,~ning ~,Env. ,~H alth _ Open Space Other: ITC? ~_ ""-~ .." FILE STATUS AND LOCATION: \ _ City Atty _ Housing u o Cl u . W'l 0::.-< 1"":1 U::: W lLCl 00:: o U W .-<0:: (.!) 0-::; tl. :::L <J:O:: [',I W (;. ..J ..u 0- ,-, >- - f- <tZ o-:J -....0 C'j U .::::Z ~~ -1= ~ o-tl. OJ .-< I tl. f"j ,1 r'- (J) I~ ""=> <J: Cl r'- <J: ..o~ ..o=> () ..J r.... 1-1 F":l (f.l M~5 Lu-r 5",z€.-r W~l Lo-fSf/if ~n, 11'" 7 f~ ft)...,o- S STATEMENT OF EXEMPTION FROM THE FULL SUBDIVISION PROCESS n,~ AND GMOS FOR THE PURPOSE OF THE SPLIT FOR 795 MEADOWS ROAD. LOTS 3 AND 4 AND THE NORTHWEST 1/4 ALL IN SECTION 12. TOWNSHIP 10 SOUTH. RANGE 84 WEST OF THE 6TH P.M.. ASPEN. COLORADO WHEREAS, JAMES S. ADAMS and FLORENCE ADAMS (hereinafter collectively "Applicant"), are the owners of a parcel of real property located in the City of Aspen, Pitkin County, Colorado, described as Lots 3 and 4 and the Northwest 1/4, all in section 12, Township 10 South, Range 84 West of the 6th P.M., Aspen, Coloradoj and WHEREAS, Applicant has requested an exemption pursuant to S 24-R-104(C) (1) (a) of the Municipal Code of the City of Aspen of a split of such lot (the "Lot Split") and GMQSj and WHEREAS, the Aspen City Council determined at its meeting of May 23, 1994, that such exemption was appropriate and granted the same, subject, however, to certain conditions as set forth below. NOW, THEREFORE, the city Council of Aspen, Colorado, does determine that the application for exemption from the full subdivision process for the purpose of the above-described Lot Split and GMQS is proper, and hereby grants an exemption from the full subdivision process for such Lot Split and GMQS. PROVIDED, HOWEVER, that the foregoing subdivision and GMQS exemption is expressly conditioned upon: 1. That the Final Plat of Lot Split (the "Final Plat") depicting the Lot Split shall be filed with the Pitkin County Clerk and Recorder within one hundred eighty (180) days of the approval date thereof. 2. Prior to the issuance of any building permits, the proposed development or redevelopment of the property shall meet the storm runoff requirements of section 24-7-1004.C.4.f. This would provide for only historic storm runoff to be permitted to leave the site. 3. Any new surface utility needs for pedestals or other facilities shall be installed on an easement provided by the applicant and not in the public right-of-way. 4. The Applicant shall agree to join any future improvements districts for improvements to be construct in the public right-of-way. 5. The Applicant shall consult City engineering for design considerations of development within public rights-of-way, parks department for vegetation species, and shall obtain permits 1':' LL o N (!J CL <I C. .. g <t !l' .... t~ .... :g 0:. ... I CL ("~ u') r- I ill f'- -0 :g ['- I':' ....,.... for any work or development, including landscaping, within public rights-of-way from the City streets department. Any approval of building permit plans does not constitute approval of design or work in the public rights-of- way. 6. Prior to the issuance of any building permits, an accessory dwelling unit shall be reviewed for the newly created parcel and any development on the original parcel must comply with employee housing mitigation standards set forth in section 24-8-104(A) (1) (c) of the Municipal Code. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. 7. ditch easement necessary. The Applicant shall remove the fence along the so as not to obstruct ditch maintenance, if Dated this I day of ~ . , 1994. ~ ,.,~ ~~.~\r~ ' es S. Adams ,yfk?h.<" lj u'd On.loO Florence Adams APPROVED AS TO FORM: ~~o~ Joni1...wcfrc s er, City Attorney CITY OF ASPEN ~ SEt BY: LA... {j,-~ ' JohnlBennett, Mayor I, Kathryn S. Koch, do hereby certify that the foregoing Statement of Exemption from the Full Subdivision Process for the Purpose of the Split of Lots 3 and 4 and the Northwest 1/4, all in section 12, Township 10 South, Range 84 West of the 6th P.M., Aspen, Colorado, was considered and approved by the Aspen City Council at its regular meeting held May 22, 1994, at which time the Mayor, John Bennett, was authorized to execute the same on behalf of the City of Aspen. k 2 ~", STATE OF COLORADO ) ) ss. ) COUNTY OF PITKIN lJ.. o J The fo this e day of Kathryn s. Koch, s C1ty municipal corporation. instrument was acknowledged before me , 1994, by John Bennett, as Mayor, and Clerk, on behalf of the City of Aspen, a cc' Witness my hand and official seal. ,., .;; . '. /1)- .<(Tl I'! My commission expires: My Convnlealon expires 9/ZTI96 Cfw~.J~' flM4IJ Notary ubl1C J.' (!) LL ([ 8 .. 0- , , <t 0- "- C'l o "- g STATE OF COLORADO ) ) ss. ) COUNTY OF PITKIN ... 0- ... I LL The foregoing instrument was acknowledged before me ",,,"'thi~ '2.1+'> day of t'\ (:LvI ,1994, by James s. Adams. ~\,\\"I e ", t-;--- 1 ,~' \ " _, I ' ",\ '...' witness my hand and official seal. y''' ,{ ("l u1 r'- I o:l '.. : () ...-:: ;'-(\ r' ~ ,.) ,: ;~ , ' ... . , ~". V' . ". P\J. J . 'j, ~/~....<,..,">.< "- {"f or:" ; ......Ilil\\\\.' My commission expires: D q I 0 9/ q S' ~ ('VV\. cl,,, t -Jj, G~ Notary Public ['- ..0 ..0 o I- I'! STATE OF COLORADO ) ) ss. ) COUNTY OF PITKIN The foregoing instrument was acknowledged before me ~h,ir$~,:U-th. day of ~ ' 1994, by Florence Adams. f:ot<>. ,." ......." ," ,) " .. " 'r' f' ",'.. .. /, \ J.-' 'I .,' ,:j ;':,:\"' ~ ' ,: c .. .: 7' My commission expires: CA) oS )1<; r . . \ \.J. C :: , \P,'B\.':o, ~, ~'~ ~". ,. .,J~,! / -;'" 'f,. .........',.. ,("; ..,' .......".f!: c" c~' ,.-". lIl'i, , . , 'r.\'~\ "'.illlhl,' ,",', .,~' witness my hand and official seal. ~~~f,,~ Notary Public p\re\adamssmt.exm 3 '... 'VI' b MEMORANDUM TO: Mayor and Council THRU: Amy Margerum, city Manager FROM: Leslie Lamont, Senior Planner DATE: May 23, 1994 RE: Adams Subdivision Exemption and GMQS Exemption for a Lot Split, Second Reading Ordinance 17, Series of 1994 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: a second split is The applicant, Jim Adams, requests a lot split to create residential parcel. Pursuant to section 24-7-1003, a lot a subdivision exemption and GMQS Exemption by Council. Council approved first reading of Ordinance l7 at the April 25 meeting. APPLICANT: James and Florence Adams LOCATION: 795 Meadows Road, Lots 3 & 4 and the Northwest 1/4 all in section l2, Township lO South, Range 84 West of the 6th P.M., Aspen, Colorado. ZONING: R-15 APPLICANT'S REQUEST: The Adams request a subdivision exemption to split their 35,305 square foot parcel to create a second residential parcel for a single family home. REFERRAL COMMENTS: exhibit A. Please see Engineering referral comments, STAFF COMMENTS: The R-l5 zone district. on the parcel. The approximately l7,000 Adams own a 35,305 square foot parcel in the There is an existing single family residence Adams wish to split the parcel creating two square foot residential parcels. The split of a lot for the purposes of the development of one detached single-family dwelling is a subdivision exemption. In addition, the development of a single family home on a lot formed by a lot split is also a GMQS Exemption by Council. Pursuant to sections 24-7-l003 subsequent to November 14, 1977 following conditions are met: and 24-8-l04 C., a lot split may be granted if all of the A. The land is not located in a sUbdivision approved by either the Pitkin County Board of County commissioners of the city council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of the subdivision regulations by the City of Aspen on March 24, 1969, RESPONSE: The property is a metes and bounds parcel, is not located in a subdivision approved by either the BOCC or Council, and has not been subdivided after 1969. B. No more than two lots are created by the lot split, both lots conform to the requirements of the underlying zone district and the applicant commits that any lot for which development is proposed will contain an accessory dwelling unit. When there is demolition of the property which makes it subject to the provision of Article 5, Division 7, Replacement Housing Program, the standards of that program shall supersede these requirements; and RESPONSE: No more than 2 lots will be created by this lot split. The two parcels will conform to the underlying R-15 zone district requirements. Currently, a single family residence exists on the property in approximately the center of the parcel. The Adams received (2) ten foot side yard setback variations from the Board of Adjustment to proceed with this lot split without having to tear down the existing structure. without the side yard setback variation, an approved lot split would technically create side yard non- conformities as the new property line will split the home in half. Upon the sale of either parcel the home will be demolished or relocated. Mr. Adams requested the variance to avoid tearing down his home until such time that the parcels are sold. An accessory dwelling unit shall be required, and reviewed by the Planning and Zoning commission, prior to the issuance of any building permits for the newly created parcel. In addition, if the existing home is demolished and reconstructed, the provision of an accessory dwelling unit or cash-in-lieu shall also be required. c. The lot under consideration, or any part thereof, was not previously the subject of an exemption under the provisions of this article or a "lot split" exemption pursuant to a GMQS Exemption by Council. RESPONSE: The subject parcel was not previously granted an exemption under the provisions of Chapter 24, the Land Use section of the Municipal Code. D. A subdivision plat is submitted and recorded after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this article and growth management allocation pursuant to Article 8. 2 J '''-_ RESPONSE: A subdivision plat and subdivision exemption agreement shall be reviewed by the Planning and Engineering Departments and shall be recorded within 180 days of final approval. Failure to record the agreement and plat shall nullify the approval. RECOMMENDATION: Staff recommends approval of the proposed lot split with the following conditions: 1. All material representations made by the applicant in the application and during public meetings with the council shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 2. The subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Engineering and Planning Departments and shall be filed within 180 days of final approval or subdivision approval is void. 3. The final plat shall meet the requirements of Section 24-7- 1004 of the Municipal Code and shall include the following: a. The surveyor's certificate or a note on the drawing must state that all easements of record as indicated on Title Policy No. ____ , dated have been shown. b. Two corners of the existing parcel are not indicated as being monumented. The corners need to be monumented prior to final plat approval. The interior monuments are required to be set within one year of the sale of either lot. c. The surveyor's certificate or a note on the plat needs to state that the survey closes to 1:10,000. d. Adjacent, subdivided lots are required to be labeled on the plat. e. Area of the property to the nearest 0.001 acre and the zone district. f. The final plat needs to show irrigation and drainage ditches that are located between the applicant's property line and the centerline of the Meadows Road right-of-way. g. Language stating that prior to the issuance of any building permits for development on the newly created parcel, the sideyard setback variations shall be eliminated and development on the new parcel shall adhere to the dimensional requirements of the R-15 zone district. In addition, the existing home shall be either demolished or relocated to conform with the sideyard setback requirements of the R-15 zone district. 3 .",,-,.._,_.~~,,~-,--"~_.~,,-",-_..~.~--~~~~.~-"._.,..,.. .,.._--;,,_..__..-......~ 4. Prior to final plat approvals, the applicant shall enter into an agreement to construct a sidewalk, curb and gutter if required by the City in the future. 5. Prior to the issuance of any building permits the proposed development or redevelopment of the property shall meet the storm runoff requirements of Section 24-7-1004.C.4.f. This would provide for only historic storm runoff to be permitted to leave the site. 6. Any new surface utility needs for pedestals or other facilities shall be installed on an easement provided by the applicant and not in the public right-of-way. 7. The applicant shall agree to join any future improvements districts for improvements to be constructed in the public right- of-way. 8. The applicant shall consult city engineering for design considerations of development within public rights-of-way, parks department for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights- of-way from city streets department. Approval of building permit plans does not constitute approval of design or work in the public right-of-way. 9. Prior to the issuance of any building permits, an accessory dwelling unit shall be reviewed for the newly created parcel and any development on the original parcel must comply with employee housing mitigation standards set forth in section 24-8-104 (Al (1) (c) of the Municipal Code. RECOMMENDED MOTION: "I move to adopt Ordinance 17, Series of 1994 on second reading approving the subdivision exemption for a lot split for 795 Meadows Road, the westview Subdivision, Aspen Colorado." Ordinance 17, Series of 1994. EXHIBITS: A. Referral Comments B. site Plan C. Public Notice 4 Vii MEMORAllDUM FROM: Mayor and Council _.l / Amy Margerum, City Manager~~ Leslie Lamont, Senior Plan~ TO: THRU: DATE: April 25, 1994 RE: Adams Subdivision Exemption and GMQS Exemption for a Lot Split, First Reading Ordinance [t, Series of 1994 ----------------------------------------------------------------- ----------------------------------------------------------------- SUIOIARY: The applicant, Jim Adams, requests a lot split to create a second residential parcel. Pursuant to section 24-7-1003, a lot split is a subdivision exemption and GMQS Exemption by council. Staff recommends approval of the proposed lot split. APPLICANT: James and Florence Adams LOCATIOR: 795 Meadows Road, Lots 3 & 4 and the Northwest 1/4 all in Section 12, Township 10 South, Range 84 West of the 6th P.M., Aspen, Colorado. SORIRG: R-15 APPLICANT'S RBQUBST: The Adams request a subdivision exemption to split their 35,305 square foot parcel to create a second residential parcel for a single family home. RBFBRRAL COMJUDrrS: exhibit A. Please see Engineering referral comments, STAPF COIOlDlTS: The Adams own a 35,305 square foot parcel in the R-15 zone district. There is an existing single family residence on the parcel. The Adams wish to split the parcel creating two approximately 17,000 square foot residential parcels. The split of a lot for the purposes of the development of one detached single-family dwelling is a subdivision exemption. In addition, the development of a single family home on a lot formed by a lot split is also a GMQS Exemption by Council. Pursuant to Sections 24-7-1003 and 24-8-104 C., a lot split subsequent to November 14, 1977 may be granted if all of the following conditions are met: a. The land is not located in a subdivision approved by either the Pitkin County Board of County commissioners of the city council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of the subdivision regulations by the city of Aspen on March 24, 1969; and RBSPORSB: The property is a metes and bounds parcel, is not located in a subdivision approved by either the BOCC or council, and has not been subdivided after 1969. b. No more than two lots are created by the lot split, both lots conform to the requirements of the underlying zone district and the applicant commits that any lot for which development is proposed will contain an accessory dwelling unit. When there is demolition of the property which makes it subject to the provision of Article 5, Division 7, Replacement Housing Program, the standards of that program shall supersede these requirements; and RBSPORSB: No more than 2 lots will be created by this lot split. The two parcels will conform to the underlying R-15 zone district requirements. Currently, a single family residence exists on the property in approximately the center of the parcel. The Adams received (2) ten foot side yard setback variations from the Board of Adjustment to proceed with this lot split without having to tear down the existing structure. Without the side yard setback variation, an approved lot split would technically create side yard non- conformities as the new property line will split the home in half. Upon the sale of either parcel the home will be demolished or relocated. Mr. Adams requested the variance to avoid tearing down his home until such time that the parcels are sold. An accessory dwelling unit shall be required, and reviewed by the Planning and zoning commission, prior to the issuance of any building permits for the newly created parcel. In addition, if the existing home is demolished and reconstructed, the provision of an accessory dwelling unit or cash-in-lieu shall also be required. C. The lot under consideration, or any part thereof, was not previously the subject of an exemption under the provisions of this article or a "lot split" exemption pursuant to a GMQS Exemption by Council. RBSPORSB: The subject parcel was not previously granted an exemption under the provisions of Chapter 24, the Land Use section of the Municipal Code. D. A subdivision plat is submitted and recorded after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this article and growth management allocation pursuant to Article 8. RBSPORSB: A subdivision plat and subdivision exemption agreement shall be reviewed by the Planning and Engineering Departments and 2 ,-,., f. The final plat needs to show irrigation and drainage ditches that are located between the applicant's property line and the centerline of the Meadows Road right-of-way. 3. Sidewalk Curb & Gutter - There is currently a trail along about half of the frontage of the property. The roadway in front of the property does not currently contain curb and gutter. Prior to final plat approvals, the applicant needs to enter an agreement to construct sidewalk, curb and gutter if required by the City in the future. 4. Storm Runoff - It should be a condition of approval for the lot split be that development or redevelopment of the property meet the storm runoff requirements of Section 24-7-1004.CA.f. This would provide for only historic storm runoff to be permitted to leave the site. 5. Utilities - Any new surface utility needs for pedestals or other facilities must be installed on an easement provided by the applicant and not in the public right-of-way. 6. Improvement Districts - The applicant shall agree to join any future improvements districts for improvements to be constructed in the public right-of-way. 7. Development in the Public Right-of-way - Given the continuous problems of unapproved work and development in the public rights-of-way, 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). Approval of building permit plans does not constitute approval of design or work in the public right-of-way. cc: Bob Gish, Cris Caruso M94.184 ""'"", shall be recorded within 180 days of final approval. Failure to record the agreement and plat shall nullify the approval. RBCO-InIDATJ:O.: staff recommends approval of the proposed lot split with the following conditions: 1. All material representations made by the applicant in the application and during public meetings with the council shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 2. The subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Engineering and Planning Departments and shall be filed within 180 days of final approval or subdivision approval is void. 3. The final plat shall meet the requirements of Section 24-7- 1004 of the Municipal Code and shall include the following: a. The surveyor's certificate or a note on the drawing must state that all easements of record as indicated on Title Policy No. ____ , dated have been shown. b. Two corners of the existing parcel are not indicated as being monumented. The corners need to be monumented prior to final plat approval. The interior monuments are required to be set within one year of the sale of either lot. c. The surveyor's certificate or a note on the plat needs to state that the survey closes to 1:10,000. d. Adjacent, subdivided lots are required to be labeled on the plat. e. Area of the property to the nearest 0.001 acre and the zone district. f. The final plat needs to show irrigation and drainage ditches that are located between the applicant's property line and the centerline of the Meadows Road right-of-way. g. Language stating that prior to the issuance of any building permits for development on the newly created parcel, the sideyard setback variations shall be eliminated and development on the new parcel shall adhere to the dimensional requirements of the R-15 zone district. In addition, the existing home shall be either demolished or relocated to conform with the sideyard setback requirements of the R-15 zone district. 3 4. Prior to final plat approvals, the applicant shall enter into an agreement to construct a sidewalk, curb and gutter if required by the City in the future. 5. Prior to the issuance of any building permits the proposed development or redevelopment of the property shall meet the storm runoff requirements of section 24-7-1004.C.4.f. This would provide for only historic storm runoff to be permitted to leave the site. 6. Any new surface utility needs for pedestals or other facilities shall be installed on an easement provided by the applicant and not in the public right-of-way. 7. The applicant shall agree to join any future improvements districts for improvements to be constructed in the public right- of-way. 8. The applicant shall consult city engineering for design considerations of development within public rights-of-way, parks department for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights- of-way from city streets department. Approval of building permit plans does not constitute approval of design or work in the public right-of-way. 9. Prior to the issuance of any building permits, an accessory dwelling unit shall be reviewed for the newly created parcel and any development on the original parcel must comply with employee housing mitigation standards set forth in section 24-8-104 (A) (1) (c) of the Municipal Code. RECOIIIIBIIDED MOTIOH: "I move to read Ordinance /1-; Series of 1994." "I move to approve Ordinance/'1-; Series of 1994 on first reading approving the subdivision exemption for a lot split for 795 Meadows Road, the westview Subdivision, Aspen Colorado." Ordinance IJ:..., Series of 1994. EXHIBITS: A. Referral Comments B. site Plan 4 r'" EXHIBIT A MEMORANDUM To: Leslie Lamont, Planning Office Chuck Roth, Engineering Department (!-K'- From: Date: April 15, 1994 Re: Adams Subdivision Exemption for a Lot Split Having reviewed the above referenced application, and having made a site inspection, the Engineering Department has the following comments: 1. Driveway & Access - The applicant has met with the Engineering Department several times concerning the access and driveway. The access to Lot 2 will be on the same, existing driveway as Lot 1. The access will then cross on an easement across Lot 1 as shown on the plat. There is language on the plat regarding an easement in what Engineering interprets as public right-of-way. The ownership of the area was once in dispute, so we have permitted the notes indicated on the plat. (The applicant has delivered a more recent revision than the plat submitted with the application.) 2. Final Plat - The final plat needs to meet the requirements of Section 24-7-1004 of the Municipal Code and to include the following: a. The surveyor's certificate or a note on the drawing must state that all easements of record as indicated on Title Policy No. _ , dated have been shown. b. Two corners of the existing parcel are not indicated as being monumented. The corners need to be monumented prior to final plat approval. The interior monuments are required to be set within one year of the sale of either lot. c. The surveyor's certificate or a note on the plat needs to state that the survey closes to 1: 10,000. d. Adjacent, subdivided lots are required to be labeled on the plat. e. Area of the property to the nearest 0.001 acre and the zone district - - EXHIBIT A MEMORANDUM To: Leslie Lamont, Planning Office From: Chuck Roth, Engineering Department (!--f:- Date: April 15, 1994 Re: Adams Subdivision Exemption for a Lot Split Having reviewed the above referenced application, and having made a site inspection, the Engineering Department has the following comments: 1. Driveway & Access - The applicant has met with the Engineering Department several times concerning the access and driveway. The access to Lot 2 will be on the same, existing driveway as Lot 1. The access will then cross on an easement across Lot 1 as shown on the plat. There is language on the plat regarding an easement in what Engineering interprets as public right-of-way. The ownership of the area was once in dispute, so we have permitted the notes indicated on the plat. (The applicant has delivered a more recent revision than the plat submitted with the application.) 2. Final Plat - The final plat needs to meet the requirements of Section 24-7-1004 of the Municipal Code and to include the following: a. The surveyor's certificate or a note on the drawing must state that all easements " of record as indicated on Title Policy No. _ , dated have been shown. b. Two corners of the existing parcel are not indicated as being monumented. The corners need to be monumented prior to final plat approval. The interior monuments are required to be set within one year of the sale of either lot. c. The surveyor's certificate or a note on the plat needs to state that the survey closes to 1: 10,000. d. Adjacent, subdivided lots are required to be labeled on the plat. e. Area of the property to the nearest 0.001 acre and the zone district 1"'"\ ~ f. The final plat needs to show irrigation and drainage ditches that are located between the applicant's property line and the centerline of the Meadows Road right-of-way. 3. Sidewalk. Curb & Gutter - There is currently a trail along about half of the frontage of the property. The roadway in front of the property does not currently contain curb and gutter. Prior to final plat approvals, the applicant needs to enter an agreement to construct sidewalk, curb and gutter if required by the City in the future. 4. Storm Runoff - It should be a condition of approval for the lot split be that development or redevelopment of the property meet the storm runoff requirements of Section 24-7-1004.C.4.f. This would provide for only historic storm runoff to be permitted to leave the site. 5. Utilities - Any new surface utility needs for pedestals or other facilities must be installed on an easement provided by the applicant and not in the public right-of-way. 6. Improvement Districts - The applicant shall agree to join any future improvements districts for improvements to be constructed in the public right-of-way. 7. Development in the Public Right-of-way - Given the continuous problems of unapproved work and development in the public rights-of-way, 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). Approval of building permit plans does not constitute approval of design or work in the public right-of-way. : cc: Bob Gish, Cris Caruso M94.184 ~ ~ * ~ c ~- , t - ~ ....", """ ,-. '" EXHIBIT B ~ N"'" Al-\G~toiIf:'.~- _-- r---- - J ~~ flDJ-p ,,-ow' " ~/L:- --~ ~__--///-- ____ I 1/ / - -----.. ------/ ,).'" / / ___ N'PI / ,~"..,' ____ / "lffi ,- ,n..~1 / ~'l<l / ,"''?)Io-L M,ZO,"I.W<o ~" / ~ I ,e<!>y~ i .' .. "\;~7 --- I i _r+ ~I ~ ~~ /,os ~~ I I 5 i- I ~-tt______~~-_/ i~ I I ! 2 II ~~~ ~~'--i~)-r-~I;: I ~ ~ ~ ~ I ~ ~ "~- l; -t::' S I III ,,!~ ( I r7 " 1:1)--' ( I I ~, I I .8 ~ I ". Ifi I ~ ~ I I I I . I I I ,=---+- -1---- M..",M'" -- I ------..... .J.";~-~ H'~ )to;iI .............. ~"'lI"'3M3'; ............. -1-- ~,----- ___ "'" -P< _ 1"7'''/ ............. ..;;>''V I '--- ~ oe- ------ I L - N f' oI .... ~ r o~ .... ~. i f ~u / I PUBLIC NOTICE RE: ADAMS SUBDIVISION EXEMPTION FOR A LOT SPLIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, May 23, 1994 at a meeting to begin at 5:00 pm before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena, Aspen to consider an application submitted by James and Florence Adams, 795 Meadows Road, Aspen, CO, requesting approval of a Subdivision Exemption for a Lot Split The property is located at 795 Meadows Road; in Lots 3 & 4 and the NW \ all in Section 12, Township 10 South, Range 84 West of the 6th P.M. For further information, contact Leslie Lamont at the Aspen/Pitkin Planning Office, 130 S. Galena st., Aspen, CO 920-5100. s/John Bennett, Mavor Aspen City Council Published in the Aspen Times on May 6, 1994 ================================================================= City of Aspen Account Ijr\~ d '-Tv cv !~(CO-IJ 3!ZS(Qr Order No. 403319 AUJIICENT OWNERSIIIP CERTlFICIlTE IISPEN tITLE CORPORIITION, a corpol'ation organized and existing under and by virtue of the laws of the State of Colorado. IIEREU Y CERTl F I ES That is has made a careful and dil igent search of the records in the office of the Clerk and Recorder for Pitkin County, Colorado, and has determined that those persons, firms 01" entities set forth on the Exhibit "II" attached hereto and by this reference incorporated herein and made a part hereof, reflect the apparent owners of lots, tracts, parcels and condominium units lying within 300 teet of the following described real property situate. lying and being in the County of Pitkin State of Colorado, to-wit: A parcel of land situated in Lots 3 and 4 and the Northwest 1/4 all in Section 12, more fully described in the Exhibit A attached hereto and made a part hereof. This Certificate has been prepared for the use and benefit of the above, named applicant and the City or Town of 'in the County of Pitkin, State of Colorado. 1I1E LIIIUILITY OF TIIECDHi'iUIYllEnEUNuER IS EXPRESSLY LlHITEU TO Till: IIMOUNT OF TilE FEE PIIIU FOR 11115 WlTlFICIlTE PLUS $250.00 DIITE: February 28, 1994 IISPEN TITLE CORPORIITION, a Colorado corporation Uy: ~~ <: LY~ )(~, Vice President O ~ " 403319 ruer ,0. . AUJACENT OWNERSII I P CERT! rI CA TE ASPEN tITLE CORPORATION, a corporation organize~ and existing under and by vlrlue of the laws of lhe State of Colorado, IltREUY CtIlT If IES That 15 has made a careful and dil igent search of the records in the office ot lhe Clerk and Recorder for Pitkin County, Colorado, and has determined that those persons, firms or eiltilies set forth on the txhibi t "A" attached hereto and by this reference incorporated herein and made a part hereof, reflect the apparenl owners of lots, lracts, parcels and condominium units lying within 300 feet of the following described real IJroperty situate, lying and being In the CoUhty of Pitkin Slate of Colorado, to-wit: A parcel of land situated in Lots 3 and 4 and the Northwest 1/4 all in Section 12, more fully described in the Exhibit A attached hereto and made a part hereof. lhls Certificate has ueen prepared for the use and uenefit of the above, named applicant and lhe city or TaWil of 'in the County of Pit~in, Stale or colorado.' lllE LIAUlLITY or TIICnmFi\NymnrUNUER IS EXPRESSLY LH1lTEu TO Till: AMOUNT 01' Tilt rEt l'AlU rOR 111IS CElnJrICATE PLUS $250.00 DATE: February 28, 1994 ASPEN TITLE CORPORATION, a Colorado corporation Uy: ~ ~ - LY~I~ 'A.~ice President . PROPERTY OWNERS WITHIN 300' OF 795 MEADOWS ROAD city of Aspen c/o Bill Drueding 130 South Galena Street Aspen, CO 81611 RHH Aspen Trust c/o Marc A. Neurman Two North LaSalle Street Chicago, IL 60602 Hollenbeck, John I. and Caren Gamicia Chisholm, Jane Hollenbeck and John Walter c/o Dr. Lloyd Shields 4200 East Cedar Street Denver, CO 80222 Kelly Family, Ltd. c/o John Kelly 533 E. Hopkins Street Aspen, CO 81611 Savanah Limited Partnership c/o Joe Imbriani 600 E. Cooper Street Aspen, CO 81611 Aspen Institute 1000 North 3rd Street Aspen, CO 81611 Goldsbury, Christopher Box 12636 San Antonio, TX 78212 Pace Foods, Inc. c/o Poer and company 1200 17th Street, suite 960 Denver, CO 80202 p\ms\adams.prp ., !: PUBLIC NOTICE RE: ADAMS SUBDIVISION EXEMPTION FOR A LOT SPLIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, May 23, 1994 at a meeting to begin at 5:00 pm before the Aspen city Council, city council Chambers, City Hall, 130 S. Galena, Aspen to consider an application submitted by James and Florence Adams, 795 Meadows Road, Aspen, CO, requesting approval of a Subdivision Exemption for a Lot Split The property is located at 795 Meadows Road; in Lots 3 & 4 and the NW \ all in Section 12, Township 10 South, Range 84 West of the 6th P.M. For further information, contact Leslie Lamont at the Aspen/Pitkin Planning Office, 130 S. Galena st., Aspen, CO 920-5l00. s/John Bennett. Mavor Aspen city council Published in the Aspen Times on May 6, 1994 ----------------------------------------------------------------- ----------------------------------------------------------------- City of Aspen Account ~ "i A "I E II J ~ ~~<#' COMMITMENT FOR TITLE INSURANCE ISSUED BY First American Title Insurance Company FIRST AMERICAN TITLE INSURANCE COMPANY, 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 estate 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 indorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obli. gations 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. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By. Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." -~...'-",......" -- '\ F <\11.l IllS,. \1. ... ~, (F;) ", .r ~,. .......A , II~"". ,'. "'f" I, I " .," If,r tl II '... r;'"' "1 I ~ . ~ ~. ~ ;. ..... . '" "') .:e : 4;: ....... . C'? \: . SEPTEMBER 2~ } ~ 1ft . . .4. ,~ ..... 1968 .....,;. it 1\"'t'.41~'f'~~'\\\" .y " ... ,,~,....~......... First American Title Insurance Company .y(jJ~x!~ PRESIDENT ATTEST /llMl )( ~ BY ~~~ SECRETARY COUNTERSIGNED ,-_.,._----.-'-~,..~,,"-,._-- -_..~"~,.-,.,."_.._.._.....>~-~......._.'~~~_... COMMITMENT SOIEOOLE A JIM AIWoS 795 MEAIXl'lS ROAD ASPEN CX) 81611 1. Effective Date: SM/bS January 3, 1994 at 7:00 AM Order No. 403319 -C QlS Luoer ReferEDCe AIWoS 2. ALTA ()Hner' s Policy Prq'lOsed Insured: I\IOOUnt: $ TO BE DE'l'ER-UNED 3. ALTA loan Policies Prq'lOsed Insured: I\IOOUnt: $ Prq'lOsed Insured: I\IOOUnt: $ 4. '!he estate or interest in the land described or referred to in this Ccmni tment arx1 covered herein is: FEE SIMPLE arx1 title thereto is at the effective date hereof vested in: JAMES S. AIWoS arx1 FLORENCE AIWoS, as tenants in LU"".&> Ownar's Pranium: $ Ienjer's Pranium: $ Add'l Lender Olg: $ Add'l Qlarges: $ Tax certificate: $ EOOorserent Olg: $ TBD Charges: $ 254.00 TOTAL OIARGES: $ 254.00 issued by: Aspen Ti tie Corporation 600 E. Hopkins Avenue, #102 ASPEN CX) 81611 FAX (303) 920-4052 (303) 920-4050 r:enver 595-8463 FIRST AMERICAN TITLE INSURI\!'CE CXMPANY ."~"---_.''''"'''-~~ " COMMITMENT Plat id No. Order No. 403319 -C SOIEOOLE A (CXXltinued) 5. '1tIe land refeaed to in the O:lIIm:brent is covering the land in the State of Colorado, County of Pitkin , desc:rihedas follows: A parcel of land situated in lots 3 arx1 4 arx1 the Northwest 1/4 all in Sectien 12, TcMnship 10 South, Range 84 West of the 6th P.M., Pitkin County, Colorado, being m:>re fully described as follows: Beginning at the Northeast corner of the tract described in Book 172 at Page 316, Pitkin County records; being identical with the Northwest corner of said lot 4 arx1 being identical with the Northeast corner of said lot 3, a 3/8" X l' irc:n bar; trenc:e South 84'14' East, 25.54 feet; trenc:e South 02016'02" West, 149.26 feet; trenc:e North 84014' West, 231.23 feet to the Southwest corner of said tract; trenc:e North 00'54' West, 150.00 feet; trenc:e South 84014' East, 2l4.00 feet to the Point of Beginning. Together with a thirty foot driveway easerrent situated in lot 4, Section 12, TcMnship 10 South, Range 85 West of the 6th P.M., City of Aspen, Pitkin County, Colorado, being 15 feet on each side of the following described centerline: Beginning at a point en the East lire of a tract described in deed to Adams I.~ in Book 172 at Page 316 of the I.t1:OCds of Pitkin County wharxJe the Northeast corner of said Adams tract, a 3/8" Xl' irc:n bar, bears North 112.75 feet; trenc:e South 63'00'00" East, 39.00 feet to the West edge of ~ Road, a public road. FIRST l\MERICAN TITLE lNSt.JR1\l'O: CXl>1PANY ^-'-".~'--~._"" COMMITMENT SCHEOOLE B Order No. 403319 -C Sec:ticn 1 ~ THE FQI.I.OOING lIRE THE ~ TO BE CCfo1PLIED WI'IH: Itan (a) PaylleIJ.t to or for the ao:::x:lUIlt of the grantors or rrortgagors of the full CXX1Side:r:ation for the estate or intereSt to be insUred. Itan (b) Proper ;lnstrulrent(s) creating the estate or intereSt to be insUred DUJSt be executed and duly filed for .L~, to wit: l. Deed fron JAMES S. ADI\M3 and F'L()REN:E ADI\M3 to A 00'iER TO BE DE'l'EH1INED. tUl'E: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to aa:.:x:upany the Deed rrentiooed above, pursuant to Article 14 of House Bill No. 1288 - CRA 39-14-102. THE cx:MPANY RESERVES THE RIGHT TO cx:.tlLXX:T AN AOOITICX'l1\L SF.AIOi OF THE REXXJRrG IN THE OFFICE OF THE CLERK AND REDJRDER FOR PITKIN CXXJNl'Y, COIOOAOO FOR .J1.JI:G1ENl' LIENS, TAX LIENS OR 0l'HER SIMILAR eR DISSIMILAR INVOllJNl'ARY MATl'ERS AFl"ECI'IN:> THE GRANI'EE OR GRANI'EES, AND TO MAKE SOCH AOOITICX'l1\L REUJIREl'IENl'S AS IT DEEM> NEx:::ESSARY, AFl'ER THE IDENTITY OF THE GRANI'EE eR GRANI'EES HAS BEEN DISCI.CGED TO THE cx:MPANY. tUl'E: THIS ro-MI'lMENl' IS ISSUED UPON THE EXPRESS l\GREEMENT AND UNDERSTANDIN:> THAT THE APPLICABLE PREMIlM3, O!ARGES AND FEES SHALL BE PAID BY THE APPLICANl' IF THE APPLICANl' ANDleR ITS DESIQ<EE OR I'01INEE CTn::~ THE TRANSl\CTICN CXNI'EMPLATED BY OR CJl'HElMISE RELIES UPON THE CXM1!'lMENl', ALL IN ~ WITH THE RULES AND SCHEOOLES OF RATES CN FILE WITH THE COIOOAOO DEPARIMENI' OF INSURAN::E. FIRST AMERICAN TITLE INSURAN::E cx:MPANY -..,.".,,~..~._----.-.-~~~_.- COMMITMENT SOJEWLE B Secticn 2 El\I.;I:;t'J:J:OOS Order No. 403319 -C '!be policy or policies to be issued will ccntain excepticx1s to the following matters unless the same are disposed of to the satisfactien of the CaIpany: My loss or damage, including att:orneY fees, by reason of the matterS shcMn bel.cM: 1. ~ facts, rights, interests, = claims which are rx>t shcMn by the public :recx::u:ds but which cn.U.d asc:::ert:aired by an inspeetien of said 1arx1 = by making in:JuirY of persons in posseS's; en thereOf. 2. Easanents = claims of easerrents, oot shcMn by the public records. 3. Discrepancies, conflicts in bourrlary lines, shortage in area, enc:::roac::ments, arx1 ~ other facts which a correct survey would disclose arx1 which are oot shcMn by the public records. 4. ~ lien, = right to a lien f= services, labor = material heretofore = hereafter furnished, :LmposeO by 1awarx1 oot shcMn by the public records. 5. Defects, liens, erx;umbrances, adverse claims = other matterS, if ~, created, first appear:lng in the public :recx::u:ds = att:aching suJ:>sequent to the effective date hereOf, but pri= to the date the proposed insured &XIUfres of record f= value the estate = interest = nortgage thereCn covered by this Camdtnent. 6. Taxes due arx1 payable; arx1 any tax, special asseS9TeIlts, charge = lien irnpos"'t'I f= water = sewer service, = f= ~ other sp<"'"'ia1 taxing district. 7. Unpatented mining claims; reservatioos = exreptions in patents = in Acts autooriz:lng the issuaoce thereOf; water rights, claims = title to water. 8. Right of the Proprietor of a Vein or Lode to extraet arx1 rerrove his ore therefran, sOOuld the same be fouro to penetrate or intersect the pranises hereby granted, as reserved in United States Patent recorded in Book 55 at Page 02. 9. Right of way f= ditches = canals constructed by the autoority of the United States, as reserved in United States Patent recorded in Book 55 at Page 02. 10. Easanent arx1 right of way f= a perpetual sewer easerrent as granted to Aspen ~tropo1i tan 8ani tatioo District by Janes S. Adams arx1 F1orerx:e Adams in ;instrUlIeIlt recorded May 22, 1970, in Book 248 at Page 612. 11. Nr:l arx1 all uru;edeercEd tax sales. lUl'E: Upon receipt of a Certificate of Taxes Due evideIx::ing that there are 00 existing open tax sales, the above exreptiOO will oot appear on the policies to be issued hereunder. FIRST AMERICAN TITLE INSURAN:E CXl1PANY "-..'_._"-'--'-~-""--~''''' NOTICE TO PROSPECTIVE BUYEk" OF SINGLE FAMILY RESIDENCES (PURSUANT TO INSURANCE REGULATION 89-2) A, "GAP" PROTECTION When Lawyers Title Insurance Corporation or its authorized agent, (hereinafter referred to as "Company"), is responsible for recording or filing the legal documents creating the estate or interest to be insured in a single family residence and for disbursing funds necessary to complete the transaction, the Company shall be responsible for any deeds, mortgages, lis-pendens, liens or other title encumbrances which first appear in the public records subsequent to the Effective Date of the Commitment but prior to the Effective Date of the Policy, provided the following conditions are satisfied prior to the Company's disbursement of the funds: 1. Properly executed documents creating the estate or interest are in the possession of the Company, 2, A fully executed Affidavit and Indemnity form signed by the seller and satisfactory to the Company is in the possession of the Company, No Coverage will be afforded against deeds, mortgages, iis-pendens, liens or other title encumbrances actually known to the proposed insured prior to or at the time of recordation of the documents, Public Records as used herein means those records established under state statutes for the purpose of imparting constructive notice of deeds, mortgages. lis-pendens, iiens or other title encumbrances to purchasers for value and without knowledge. B. MECHANICS' LIEN PROTECTION If you are a buyer of a single family residence, you may request coverage against loss because of unrecorded claims asserted by construction, labor or material suppliers against your home. If no construction. improvements or major repairs have been undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will be payment of the appropriate premium and the execution by the seller of an Affidavit and Indemnity form satisfactory to the Company, Ifthere have been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financiai information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity Agreements satisfactory to the Company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company, No coverage will be given under any circumstances for labor or material for which you have contracted or agreed to pay, NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. Lawyers Title Insurance Corporation Colorado ,,,-,~~,~-~",,,,,"-~'-.,,..,,,,,--_--......-,~,~., DISCLOSURE STATEMENT REQUIRED BY COLORADO REVISED STATUTES ~10-11-122 Colorado Revised Statutes ~1 0-11-122 requires that "every title insurance agent or title insurance company shall provide, along with each title commitment issued, a statement disclosing the following information: (a) That the subject real property may be located in a special taxing district; (b) That a certificate of taxes due listing each taxing jurisdiction may be obtained from the county treasurer or the county treasurer's authorized agent; (c) That information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder or the County Assessor," ~" ., Form No. 1765 Commitment, Conditions end Stipulations COMMITMENT 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 in Schedule B hereof, and shall fail to disclose such knowledge to the Compaoy in writing, the Company shall be relieved from liability for 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 maner, 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 Comoanv 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 8, 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. ~ '- .- -----" " ""'~~.... ~"""__""" ...I.,'" M.. tJ(JW 565..356- -- .... 5G~q.af! Ql'n l'l..\I\IIlEEII THIS pn:o. \I..... "," j C' ~.~ Senior/Hall.. d"'''' l'larch Joint Venture .1"'88. ;.. ....._kltal.."In'...,. "(."'"',." :'ltkln -,~_..r ..'.... s. ^""ams and rlorenciP Ad..a \ 195 ~.dow. Road, ~.pen. Colorado "t~11 ..1 the (.,........ fh"h....l. an.! """" (',ounl~ .., Pitkin .-l~*C'It("(la.....t...~'" . !: ;. 'I ., L 'I 'r" " \: n '. " \\I1"'1rlI.S\1'TII.lh;dtth-t1""..,n"......n.l.""'....-.kf.U....I"Ih.-.'","of TEN A.~D MO/lOO UI0.00) DOLt.AR9 ,"n,1 ,"tiMOr ...M..I tln<! v..lu,,"'r iI"",,_I.lrr.lt I,"n- _.... -.....-. . .____..____IJI./.}.IJo l~m:'C1f'l alkI.ullk"'''''1 ,,. ..h..hi.~ .....l."'..W,N. N. tml..N.tr"k~.M>kI,cnn~IftdQCtTCLAIMED.-tIy thc'W,,",Wfth\il.etl f'C'fh1.....ft..k.-c.ll('ll.o""~ ;Mt"1V"rrn.o\I\luftltllhr,.,...rc1'L their htnt..JWU.....-llNtpl. k"l"'ft. a11lht hl!N. 1I11e. 11Ik",,1. I,"hllm..n..! ~ ..hid'h ";IIIltlWhl.... ... -'.. Iht tral popert,. ~....kh ,""",lWmt'IIII..lf.M~..ttuk.I~~-'I'orI",,,,mr ('.-.,(1( Pitkin ..ss...r:flf' ('nIo1flldn. dr"l.-nhe<d;to ...~\roa,. See auachlllent_ .. ~ . '. ""';' en - (:) r-.. (:) (:) M 0: ... - 0: OIIe -<, ~u' en "," s:;: ...u ;;z. ;;; t: ... - ~ :5 N .. ,.....,.'f'..,..~'Jtfl,J1 ~ . ..,r ....' ?L.:":~_ . _ ca ;/!<T^n.(..~V3Jillll c....~ nr IlAH1LTDN Ttw.-.......,""""""'""-..._'"*""''''"''''"_.... ~ '"ft Mn'fh_t~~ Iy' 1M llef-' -,"" M,,,,_'OII"P'l'" t ~'.'; :;:~ ,'. : .'.... :.1..14 l...._ . :. . ~ ,- J -111ft Ik'ft\n. '-" "("d, *- ,~ (NOTAllES COllTIlIUED ON RF:VUSE) " . ~ ., .._- -_.,._.~., - ---.--" '!t L~~;f _"~;J}~,:,:;i~ ~..').~"'. OIInn.Il.NI...h .Ol..,._._~l~ ."""",-' ,-f;' , j'" :'.~':': .;: ~_. . -. I ~...- lID 565 .357 I'JnI 5[;4 ~203 STAn or QJl.CItAOO .~ ... .. cot.~r\' or l'ynJX " "'. ,\1'1 A 'SUb~ibed and sworn to before ~ thh'..:'V day or Harch, 1988 "1 ~." ..-.l.Ille.~;~' 1 tea. , / eTA ,':'".... , i .. t. \\ ll}oWlt.n.., illY hand and off ie al aeal. c ~ ~ \; p.......... M! c4'-lulon upirl'lI1 "\~\ tlDt\V,:o I ) \ '10. "r...... . 't"f::I.. " - ~, C' n\.... . -,,-:- ',. . --~ , " ,:,.~.,C!' ",,,.. ji',;'.:.,ry rutlllr. STATE OF COLORADO ... COUNT\' ~)r rITKIN subacribed and InIOn to before .. thh .~,~ day of March, 1988 b,. . wilU.. R. Jordan Ill, .. partner or AuaUn . Jordan. '-- With." .,. hand and ofUcial aeal. ..~.' '~'.'''.~O_las10n ."' .", '\~\~E~!:~.~"< " t ..... " " - ~"!.~' ~';\" .... '. I'X:' ~ .' ,.. ,t. ~'~:r- ~,' " \rp\l~" /:. .*.'.... " .: . I '\ iI,.......', I' .... ......":)("'...-... expireSl .,................... c=\,':\ ". . .. ,-. "'tary Public ,\. "',....,; " STATE O' COLORADO ) ) ... cou:m o' PITUN ) Subllertbe:' and .VO", to before _ thu ~ day of May. 1988 by Gerard H. Pe...a. i ~itftea. ., haad aad official ~al. / . ~....:.!~~.~~.;~..iDD Upil"f'.:.,..........._.. : ~"'.,~ ...'\...~1....... .>if ,,"t.R~ .y; <.; c_--.~t'>",c:. ~ ..,. ~v .... '1:'...... -~~. ,i. ;.,. _ r. ,'r ' , Notary bUc ~. "..- ,~ . r'.. PU \)\; /.: , .Jo..... ,.' r . ...... .("r ~'. " ....' I ." ,',' ~ I j , ....."': '" Q ~ ,......., 1 ;.; Ii. \ I ;.; . :1 . Q \ I' ~ , \ - ! I , "" . ! . ,'.- - . ; <: I . l ; , . 1 i . , I' ! , . I - , ~ 1 ~ I .' . , . . ~ '<'''; ~ . I l i ' , i ... I! , , <; ., ~ I ! :;; ;;l i i , -- 0' i t . . l ~ I .i ~ < , - 1 1 ~ . . ..-....~ .' ~, - - .4.' -- " ' .. lID 565 'IlIiE3S8 1,"1* 5[;' ~Z15 > , " ATrAClIKEHT TO DEED FROM SEMIOR/ltALLNI JOINT VEN"'I'UU TO JAKES S. ADNtS ANn FLORENCE_ADAMS DATED ,ud LC , 7" , l""A- , . , ~, PARCEL At . , '," " parcel or land 1,1"9 ...tert, ot aM .d1."'"~ b . tnot. .... :~. d..ded to Ad... and d..arlbftd. In Book 172 at h98 31' .r the." ': pltHn countr noord. 1,1"9 Northerl, ot .nd .dj.aent to . 11no duerlbod In ClYil ~atlan No. 'UI .nd ...corded In IIook 208 at poq. 148 of tho Pitkin countr r.oord. .nd aitalted In Lot:. 4 of Section 12. ToWn.hip 10 louth, A8"V_ 15 ....t ar the 6th prinolpal "arid len, cltr of A.pan, Pitkin Countr. ODlor8do, .or. particularly d..crlbed a. followa. i...... . 1.-;:;'.":"_. It....., , .... .t~} , ''l ,',' '.\, ....' ;, :.~:.t!~.J:~:t L .~. ,., \f';"-~: ~.~ '-. ,"+.~' I Do"'lnnln" at; t.he North...~' cror_r or ..Id ,........ "I'raot beln., \: fi... ~1 Id;ntleai wlt.h t.he Northw..t. corner Df ..ld Lot ., . 3'1 x 1 i.....:~ :'~ j Inch iron bar, thence 8 ... 1"'00- E 25.!14 feet' t;henoe 8 02. . - " 16'02- H 41.69 feet ta a line d.ecrlbed In .ald cl.!l Action t ~~.Io-' .~~~ /10. 34.1/ tha"". /I 12' 00'00" If 23.75 fut .1_ .aid 11M to. ' , . ,:~j;,:'2~~ point on the h.terlr boundary of ..Id Ad... property, theftCM. '.A. ~!;.~ North (record. N 00. 54' WI 4'.'2 f.et along' ..1d ...t.rly. . 1 boundarr to th. point of "q1nn1nq, aontainlnq 115',11 _.... ',,;;' L ~.~1' f.et, .or. or 1.... " ..Jr" r:::' t~;;::t.. PARCEL.. ,'.,.;,~~:,-:i ,~ ~ parco 1 of lend 1,1"" E..hr1, of .nd .dj.cent to -. t~;c~,.j"1;,f,~,'rihr'~,',,,',' deeded to Ad... .nd da.erlbed 1n IIaok 172 et 'ege 216 of the;",,";: ': ....;.....:-1 Pitkin County ...cord., 1,1"9 South.rl, of .nd .dj.eent ta .' ):'S"",i,-,. ,~" I1n. df'sC"rlbed In cl.!l Action No. 3441 and recorded In Book .'-~~'-~-:~ ,~ " 208 .t ~lIge 148 of the pitkin countr Record. end oltuated In:*-":~', 'i;', ',!;,..., t.at .. oC Section 12, Town.hip 10 south, Ran90 IS W..t ot the j~$r~~-}-:' :.~". 6th Prinelpftl Herldlan, city of "'eren, Pittln countr. co, lorado',ii!,~"~'-,~:~;': ,~1%.~ ", llIorc particularly doscribed aa fOllov." ',: "':~'_"', _"'~'~'.c.~i;....~~..~-1- ~.. neqlnnln9 at. . point, bei"9 the inter..ction ot the E..terly :):,,-.:;( . ~.: boul1dary lIne at saht Ada... Trl'lct anti a line deccrlbad in ..ieS ,'."~'~};"'"',",, ~":":;".,-,"",.,'\-~ "i' c1vil Aetlon 110. 34... "hene. lhe .'orthve.t. corner of' eald Lot '::~:.::~\- 'OJ'"k 4, a '3/8 x 1 ineh iron bat', bear. tlorth "'.92 r.et, thence .~~.~.,1',,,,, t 82' 00'00" E 23.75 feot ola"9 tho 11n. de.arlbacl In .aid ClYU ",';";l<i,'f\', J ^etion 110. 3448' thone. S 02' 16'02" N 101.57 feat, th.na. R t..'7J.~::,,:~,,~ '~,'Il' If 84- 14'00. " 19.60 f..t to the Ea.terly lIne of .ald Ad... ~:;.~i.~~.;'~,~ ..' '. ' Tract' thence lIorth (recorch ., 00. 54' WI 102.13 feet along ~ff.f-{''''.,-;.;. ..... ~. . .oId E..tar1r 11... to the point af bll9lnnlnq, containl"9 'o},,:, " ~;. t'\;' , . 2202.92 aquare feet, .or. or le.s. . -' .-~ . ". ~-~ '\i .... ."..' t ~oI,~ r^~CEL C. ':.:..: _ , ~, ~e~~~:~~d O{n l;~~i ~;~I;'tP~~:o o~lih;; :t~:e;l~etnd-:;~u~~yA~:::r:::' ~t.~; ;~:- :% ~~~\~l~~ lyln9 :torthf!rly of and adJAeent to " line dODcrlbed in clvll :'.'>~.'.-"I~'~~..,'~~'~:' ^ctlon 110. )441 .,n! recorded In Dook 201 at rag_ 141 at t.h. ~~. , J ~,,,::~'\~j. '. ~-t::.~~ ~ '''''~ ( ::',:;~ ~~T:;l~~ . .~.~/ ~-, - ' -, """':'~'.'''A:;;'i;j~:'' '. ",,:.. ...", - ." .;- ~; " .,' / ...' ..-.,........ ~..........-.~.- _w..- ----.- , ~ !OJ( 565 ..359 fUO< 5G,\ r:-.Ir. 204 t I ritkin county records_ end .ltueted In Lot. 3 In the tlort:.hwe.t 1/4 of sectlon 12, TownshIp 10 south, Rnnge '5 ",..t. ot thtl 6th principal Merldian, city of Asp.n, pitk.in CdW\ty, colond.o, _ore particularlY de.cribed .. follov.' 8891"n1nq .t. the Mort.h...t comer ot ..1d Ad." Tract. M1nt ldentical wit.h the Hort.h...t corner ot ..1d Lot. 3, · 'II X 1 inch iron bar' thana. south 41.92 t..t alant the a..t line of ..ld Lot , to the lntu..oUon "lth .dd line d..crlbed ln Clvll Actlon Wo. '..8' th..... " 8a' 00'00. " a14..0 reat al0n9 .dd Un. ducrlb.d in civil Action "0. 3441 to the lnt.r..ctlon ..ith the H..t lin. of ..id Ad... Tr.ot, thence " 00. 54'00. I 31.59 f..t along the ...t line of ..1d Ad." tTact to the "orth"..t corner of ..ld Ad..' 'fraott thance · I.. 14'00. I 214.00 f..t elont the Morth l1na of ..ld Ad... ~ot to the polnt or b.9innift91 cont.inlft9 '081.a .quare r..t. aora or 1.... ;..<j~ .; /. t...., " " , ./ ~.t. ,':,:., ., ,j ....1...,,).. EASEllEIlT AI (Tltl. .......nt d...dption 1a ...nt to d.lin..t. a .trip or .' l.nd conn.cUft9 . tr.ot d..cd_ in d.ed to Ad... recorded in ' . IloOk 172 .t '.9. 211 or th. pitkin countf record. and the .otual ed9. or "..d..... lloadl . "..l' . A th1rtf foot dri.....f ..._nt aituated in Lot 4 or .actIon ::\'r~,};>,:'i'; 12, ToWnahip 10 south, r.ftge IS ...t of the Ith ITlnolpal ,{. ,':-"",? "cridl.n, city of A.pen. .ltkIn countf, C01oredo, lie"'" 15 reat :::,};',~.: ' ,.: . on ..ch .id. or the fou....ift9 d..ori- .....terllna....' ,'.;'; ".,,;:(.t '. ., . :>~.;o;.,,:..,'~~>~~_~~: Be91nnift9 lOt . 'point on the Ea.t lin. or a traot deacdbed 1n,::?;';;>~' '~: deed to Ad..' recorded 1n IloOk 17a lOt "9' '11 or th. record. ,ii\"1.'- 'l'i"t,l,,';' of .itkin countf ..h.nc. the "orth...t corner or .aid Ad... <";;d,~,.,,?J,. t.oct, . 2/. x 1 lnch lron bor, b..n north 11a.75 f..t. ,.,.,~;;!}'f;,\'.~: Thence S 63" 00100" E 39.00 feet t.o the "e.t edg8 ~f H..dOV.,,'Ii"i):\Io.f'.::,':1t.,t Road, a public: road. ,-",~,:_{,~:,"._l9_~, , " .~ r !t{i_~ i~t~tf: . : , . . )<~h'::.~l~~ """'--,-,,j.': '. ",:~i:"I""~'\~;'~)'~ .~tr,f~i"~...~~~~;":..11i . ,':;~~~t;::'r:if ~.-;":-.~< '':''''.-'' ,."'- "' a " /,.,,' . - ~- , ":-:~k' ';:~~~:-::~:,- , f' '"' .".)...: .~ '" ~ordedM Reception No. o'c1ock_M.. Recorder. QUIT CLAIM DEED ~~ TillS DEED, Made thl, 16 day of December ba~n Senior/Hallam Joint Venture ,1981 . 5S'~ /(l-U'r ~~lb '>,l~ ft:~- 5"10 ofthe .Countyof Pitkin and Slale of Colorado. Irantor(l), and James S. Ad.... and Florence Ad... whose kaa' addral I, 795 Meadowe Road, Aspen. Colorado 81611 of"" County of Pitkin and State of Colorado, arantce(l), WITNESSETH, That the Iranlor(l). for and In consideration of the sum of ten dollars and other good and valuable consideration _ _ _ _ - - - - - - - - - - - - - - - - - - - IKKXXSI the receipt and lumdcncy of which II he~by IICknowkdgcd. has remised, released. sold, conveyed.nd QUIT CLAIMED, and by these pn:lentJ do remise, release. sell, convey and QUIT CLAIM unto the ,rantce(l). their helrs,'uccesson and usia"'. 1'oreYer, aU the riaht. 1IIIe, Inlerest, claim and demand which the Ifantortl} ha 8 In and 10 the real property, IOlelhcr with lmpRMmc'nls.lf any. .Itulte, 1)'1". and belna In the Count)' of Pi tkln and Stile or Colorado, described 15 rollaNs: See attachment. also known by stree, and number u: NI A 10 HAVE AND 10 HOLD the ~ame. together wllh all and singular lbe appurtenances and privileges thercunlo belonging or in anywise l!lercunlo appertalnln,. and all the eslalc. ri,hl. tille. Inlercsl and claim whatsoever. or the lfllltor(s), either In law or equlty,to lbe only proper use. benefit and behoor or the Ifantcc(s), the! r heirs .nd usi,ns fumoer. IN WrrNESS WHEREOf, The ann1orl,s) h. 8. execuled this deed on the dale scll'orth above. By STATE OF COIDRADO, I Counlyof ~~ ....~ u The foregoing Instrument was ad:nowledacd before me this 1 t.r - day of by W....ll;..lIJ,f"'.::)~. ~ \K';i-u.Ml\ ~ .1.~7 . Mycommiulonuplrcl ~"". 15 , 19C}} . W1tncu my hand and official seal. ~{~,~ ~I.~H.I' I -..... I .If In Denver. Insert "'City and." ~ '33. Je\o.,J.U. QlJr1'CUIM DUD ......PIIlolI.........n w. ..,.... ...........COtln14-llllJIU).69QCl "'u 8 }',. / Gu .'-r I' ..... . t. ".... r.""~",-' ".~. ~''''''r''' "" ..,~.._--_... / ATTACHMENT TO DEED FROM SENIOR/HALLAH JOINT ~ TO JAKES S. ADAMS AND FLORENCE ADAMS DATED Jecell'.t.o.- Iv , 19.!]. PARCEL AI A parcel of land lying East.erly of and adjacent: t:o a t:ract: deeded to Adams and described in Book 172 at: Page 316 of the Pitkin County recordsl lying Itortherly of and adjacent to a line described in civ 1 Action Ita. 3448 and recorded in Book 208 at Page 148 of the Pitkin County records and situated in Lot 4 of Bectlon 12, Township 10 South, Range 85 Hest of the 6th Principal Meridian, city of Aspen, Pitkin County, COlorado, more particularly described as followsl Beginning at the Itortheast' oorner of said Adams Traot being identical with t:he Northwest corner of said Lot 4, a 3/8 x 1 inch iron bar, thence S 84. 14'00" B 25.54 feet, t:hence S 02. 16'02" W 47.69 feet to a line described in said civil Action No. 3448, thence N 82. 00'00" H 23.75 feet along said line to a point on the Easterly boundary of said Adams property, thence Itorth (record I II 00. 54' H' 46.92 feet along said Basterly boundary to the point of beginning, containing 1159.61 square feet, more or less. PARCEL BI A parcel of land lying Easterly of and adjacent to a tract deeded to Adams and described in Book 172 at Page 316 of the pitkin County records lying Southerly of and adjacent to a line described in civh Action 110. 3448 and recorded in Book 208 at Page 148 of the Pitkin county Records and situated in Lot 4 of Bection 12, Township 10 South, Range 85 Hest of the 6th Principal Meridian, city of Aspen, Pitkin county, COlorado, more particularly described as followsl Beginning at a point, being the intersection of the Easterly boundary line of said Adams Tract and a line described in said civil Action No. 3448 whence the Itorthwest oorner of said Lot 4, a 3/8 x 1 inch iron bar, bears Itorth 46.92 feet, thence B 82. 00'00" B 23.75 feet along the line desoribed in said civil Action Ita. 3448, thence S 02. 16'02" H 101.57 feet, thence It 84. 14' 00" H 19.60 feet to the Easterly line of said Adams Tract, thence Itorth (record I It 00. 54' H) 102.83 feet along sald Easterly line to the point of beginning, containing 2202.92 square feet, more or less. PARCEL C. A parcel of land being part of that tract deeded to Adams and described lnBook 172 at Page 316 of the Pitkin County records, lying Itortherly of and adjacent to a line described in civil Action No. 3448 and recordsd in Book 208 at Page 148 of t:he \ - .v \.. // ' Pitkin County rec:~ds, and situated in Lot 3 in the Northwest , 1/4 of Sectlon 12, Township 10 south, Range 85 West of the 6th Principal Meridian, city of Aspen, Pitkin County, colorado, more particularly described as follows I Beqinninq at the Northeast corner of said Adams Tract being identical with the Northeast corner of said Lot 3, a 3/8 x 1 inch iron bar, thence South 46.92 feet along the East line of said Lot 3 to the intersection with said line described in civil Action No. 3448' thence N 82' 00'00" W 214.40 feet along said line described in civil Action No. 3448 to the intersection with the West line of said Adams Tract, thence N 00' 54'00" E 38.59 feet along the West line of said Adams Tract to the Northwest corner of said Adams Tract, thence S 84' 14'00" E 214.00 feet along the North line of said Adams Tract to the point of beginning, containing 9081.2 square feet, more or less. EASEMEN1' AI (This easement description is meant to delineate a strip of land connecting a tract described in deed to Adams recorded in Book 172 at Page 316 of the Pitkin County records and the actual edge of Meadows Road) . A thirty foot driveway easement situated in Lot 4 of Sectlon 12, Township 10 South, ranqe 85 West of the 6th Principal Meridian, city of Aspen, Pitkin County, Colorado, Being 15 feet on each side of the following described centerline I Beginning at a 'point on the East line of a tract described in deed to Adams recorded in Book 172 at Page 316 of the records of Pitkin County whence the Northeast corner of said Adams tract, a 3/8 x 1 inch iron bar, bears North 112.75 feet, Thence S 63' 00'00" E 39.00 feet to the West edge of Meadows Road, a public road. ' 2 ..... ~ .. ReCorded at Reception No. o'clock" _ M., R..""."" THISDEED,Madelhil 14th day of between Alan I.. Novak December .1'87, S5;~ Pr-CCr 2-~l,. >,r Ph~f I)() QUIT CLAIM DEED f>O()~ or the 'Counlyo( Pitkin .ndSlllCof Colo~. pantol'(l). and James S. Adalll8 and Florence Adams whose lela! MIdrat II 795 Meadows Road, Aspen, Colorado 81611 01.... County of Pitkin and Slate of Coltndo. 1fUltcc(1). WITNESSETII. nlllhe lranloc(s), for and In consider_lion of the sum of ten dollars and other good and valuable con8ideration - - - - - - - - - - - - - - - - - - - - - - - - - ~ the recelpt.nd sufflclenc)' of which is hc~b)' acknowlcdled. ha reml5ed. released, sold, conveyed .nd QUIT CLAIMED, and by the1;e pn:senlS does reml~. release, KII, convey Ind QUIT CLAIM unlo the Irlnlcc(I), their heln. IUCCCSsorJ and asslsns, forever, .n the righl. tille, Interesl, claim and demand whkh the gr.ntor(l) his in and 10 the real property. together with Improvements, If any, sltuatc,lylnland belnaln the County of Pitkin and Statcof Colorado. described as fullows: See attachmenti." ... also known by street and number as: NI A TO HAVE AND TO HOLD lhe same, together with all and slnlulu the apputtcnanccs and privlleles thereunto bekmglnl or In anywise thereunto appertaining, and all the eslale, rilht, title, Interesl and claim whatsoever, or the IraDlor(s), either In IIW Of eqully, to !he only proper use. beneftt and behoor or the Irantee(l), their heln and assllnl rorever. IN WITNESS WHEREOF. r.. ,nolm(.) h.. ..."'""" \hI.......; "'~-+J Alan R. Novak , ~v. "lA~ } Counlyor ~qb-lt IS. The furelolngInstrumcnl was KknowLedgedbet6'reme this 1q.K day of V~ by Alan R. Novak STATE OF ,1.t1, Mycommlulonexplres l-?{)-q( .1' . Witness my hand and orfielal seal. r~>v -- .U In Denver, Insert ~lty and." N.. ,JJ....).15. QUITCLAIM DUD ..."".........."15 W. "1M.. ..........C'OIOJI4_()O)) 1U-6900 ~" 9 . " 7'-.. ..' ;lilv /' 'N ATTACHMENT TO DEED FROM ALAN R. NOVAK TO JAKES S. ADAMS AND FLORENCE ADAMS DATED {Joe etl1.~.. III , 19U. PARCEL Al A parcel of land lying Easterly of and adjacent to a tract deeded to Adams and described in Book 172 at Page 316 of the Pitkin County records, lying Northerly of and adjacent to a Une described in civil Action No. 3448 and recorded in Book 208 at Page 148 of the pitkin County records and situated in Lot 4 of Section 12, Township 10 South, Range 85 West of the 6th Principal Meridian, city of Aspen, Pitkin County, Colorado, more particularly described as follows I Beginning at the Northeast' corner of said Adams Tract being identical with the Northwest corner of said Lot 4, a 3/8 x 1 inch iron barl thence S 84. 14'00" E 25.54 feetl thence S 02. 16'02" W 47.69 feet to a line described in said civil Action No. 3448, thence N 82. 00'00" W 23.75 feet along said line to a point on the Easterly boundary of said Adams property, thence North (record I N 00. 54' W) 46.92 feet along said Easterly boundary to the point of beginning, containing 1159.61 square feet, more or less. PARCEL Bl A parcel of land lying Easterly of and adjacent to a tract deeded to Adams and described in Book 172 at Page 316 of the Pitkin County records, lyin9 Southerly of and adjacent to a line described in civil Action No. 3448 and recorded in Book 208 at Page 148 of the Pitkin County Records and situated in Lot 4 of Section 12, Township 10 South, Range 85 West of the 6th Principal Meridian, city of Aspen, Pitkin County, Colorado, more particularly described as follows. Beginning at a point, being the intersection of the Easterly boundary line of said Adams Tract and a line described in said civil Action No. 3448 whence the Northwest corner of said Lot 4, a 3/8 x 1 inch iron bar, bears North 46.92 feet, thence S 82. 00'00" E 23.75 feet along the line described in said civil Action No. 3448, thence S 02. 16'02" W 101.57 feet, thence N 84. 14'00" W 19.60 feet to the Easterly line of said Adams Tract, thence North (recdrd. N 00. 54' W) 102.83 feet along said Easterly line to the point of beginning, containing 2202.92 square feet, more or less. PARCEL C. A parcel of land being part of that tract deeded to Adams and described in Book 172 at Page 316 of the Pitkin County records, lying Northerly of and adjacent to a line described in civil Action No. 3448 and recorded in Book 208 at Page 148 of the l:1 ..~ / "-, iJ/ / I \.,...00' '- Pitkin County records, and situated in Lot 3 in the Northwest 1/4 of section 12, Township 10 South, Range 85 West of the 6th Principal Meridian, city of Aspen, Pitkin County, colorado, more particularly described as follows I Beginning at the Northeast corner of said Adams Tract being identical with the Northeast corner of said Lot 3, a 3/8 x 1 inch iron bar, thence South 46.92 feet along the East line of said Lot 3 to the intersection with said line described in civil Action No. 3448' thence N 92' 00'00" W 214.40 feet along said line described in civil Action No. 3448 to the intersection with the West line of said Adams Tract, thence N 00' 54'00" E 38.59 feet along the West line of said Adams Tract to the Northwest corner of said Adams Tract, thence S 84' 14'00" E 214.00 feet along the North line of said Adams Tract to the point of beginning, containing 9081.2 square feet, more or less. EASEMENT Al (This easement description is meant to delineate a strip of land connecting a tract described in deed to Adams recorded in Book 172 at Page 316 of the Pitkin County records and the actual edge of Meadows Road) . A thirty foot driveway easement situated in Lot 4 of Section 12, Township 10 South, range 85 West of the 6th Principal Meridian, city of Aspen, Pitkin County, Colorado, Being 15 feet on each side of the following described centerline I Beginning at a 'point on the East line of a tract described in deed to Adams recorded in Book 172 at Page 316 of the records of Pitkin County whence the Northeast corner of said Adams tract, a 3/8 x 1 inch iron bar, bears North 112.75 feet, Thence S 63' 00' 00" E 39.00 feet to the West edge of Meadows Road, a public road. 2 .- .' ,,- Recorded II 'Reception No. Recorder. o'clock _ M., QUIT CLAIM DEED p~ S;(b TillS DEED, Made this 21st day of December between Savanab Limited Partnership .1' 87. ~~ 5St (J.r((-f 2"'6 ,)lb of the .Countyof Pitkin and SIIIe of Colorado, .tantorhJ, and James S. Adams and Florence Adams whole IC.lhddreul. 795 Meadows Road. Aspen, Colorado 81611 .,,'" Counlyor Pitkin and Slate of Colorado, lranlee(.}, WITNESSETH, Thallhc grlnlar(s). for and In conslderaUon of the sum of Ten dollars and other good and valuable consideration - - - - - - - - - - - - - - - - - - - - - - - - - mmxEXXI the receipt and sufficiency of which Is hereby acknowledged. h. 8 rrmised, released, sold, conveyed and QUIT CLAIMED, and by these pre&e:nls does remise. relell5C, $ell, convey and QUIT CLAIM unlO the Iflnlce(s), their heirs, successors and &Ssigns, forever, ,II the righl. litle, Interesl. claim and demand whkh the aflnlar(s) ha. In and to the real property. together with Impt"O'lemcnts, lr Iny, IllUlte, Iyln. and belna1n the County of Pitkin and Sllte or CoIOf.do, described u lollows: See attachment. .Iso known by ttreet and number..: HI A 10 HAVE AND 10 HOLD lhe same, t<>lelher with In and slnsular the Ippurtenance! Uld privileges thereunlo belonging or In anywise lhereunto Ippertllnlng, Ind III the estale, "Ihl, lIt1e,lnterest and c1llm whalM)eVCr, of the ltantons). either In law or equity, to the only proper use, beneftt Ind behoor or the Irlnlee(sl, their heln Ind IUlln. forever. IN WITNESS WHEREOF, The IfIntor(s) hIS "<<uled this deed on lhc dlte: sel rOlth lbove. ::v,/~n PARTNF.R""'P 'Gem.fal I.nner , Vice-President of 1001. Inc. HtfICYLRIi'P STATE OF ...._~, }a, dayol ,I'~, cOO",y.r NtNT4-d.usn'l The l'ore,oln, Inslrument WlISachnwledled before me Ihls ~ I W by A.lol./,w.~ A. IIRbll) , ~~"E~ My commission "pires ::rU /.. ~ I, , 191~ . W1tne11 my hand and orfidll sell. c;o;ti.u- g .:..,-:s:~ .U In Oen'm', Insert ''Clty and." No. t33. Rn. 3-1:5. QlIIT CL.UM DUD ...... """",",,. JIH.... &6 IM.,~, co Il)2W -QOll DJ.69OD \ \ .." 9 [(10, ,/,:' , ATTACHMENT TO DEED FROM SAVANAH LIMITED PARTNERSHIP TO JAMES S. ADAMS AND FLORENCE ADAMS DATED Ik(e~.. ~'- .1. , , 19'i17. PARCEL A: A parcel of land lying Easterly of and adjacent to a tract deeded to Adams and described in Book 172 at Page 316 of the Pitkin County records, lying Northerly of and adjacent to a line described in civil Action No. 3448 and recorded in Book 208 at Page 148 of the Pitkin County records and situated in Lot 4 of Section 12, Township 10 South, Range 85 West of the 6th Principal Meridian, city of Aspen, Pitkin County, COlorado, more particularly described as follows: Beginning at the Northeast corner, of Gaid Adam13 Tract being identical with the Northwest corner or' said Lot 4, a 3/8 x 1 inch iron bar; thence S 84. 14'00" E 25.54 teet; thence S 02. 16'02" ,W '47.69 feet to a line described in said Civil Action No. 3448; thence N 82. 00'00" W 23.75 feet along said line to a point on the Easterly boundary of said Adams property; thence North (record: N 00. 54' W) 46.92 feet along said Easterly boundary to the point of beginning; containing 1159.61 square feet, more or less. PARCEL B: A parcel of land lying Easterly of and adjacent to a tract deeded to Adams and described in Book 172 at Page 316 of the Pitkin County records, lying Southerly of and adjacent to a line described in Civil Action No. 3448 and recorded in Book 208 at Page 148 of the Pitkin County Records and situated in Lot 4 of Section 12, Township 10 South, Range 85 West of the 6th Principal Meridian, city of Aspen, Pitkin County, COlorado, more particularly described as follows: Beginning at a point, being the intersection of the Easterly boundary line of said Adams Tract and a line described in said civil Action No. 3448 whence the Northwest corner of said Lot 4, a 3/8 x 1 inch iron bar, bears North 46.92 feet; thence S 82. 00'00" E 23.75 feet along the line described in said Civil Action No. 3448; thence S 02. 16'02" ij' 101.57 feet; thence N 84. 14' 00" W 19.60 feet to the Easterly line of said Adams Tract; thence North (record: N 00. 54' W) 102.83 feet along said Easterly line to the point of beginning; containing 2202.92 square feet, more or less. PARCEL C: A parcel of land being part of that tract deeded to Adams and described in Book 172 at Page 316 of the Pitkin County records, lying Northerly of and adjacent to a line described in Civil Action No. 3448 and recorded in Book 208 at Page 148 of the 1 0: Pitkin County records, and situated in Lot 3 in the Northwest 1/4 of section 12, Township 10 South, Range 85 West of the 6th Principal Meridian, city of Aspen, Pitkin County, Colorado, more particularly described as follows: ' Beginning at the Northeast corner of said Adams Tract being identical with the Northeast corner of said Lot 3, a 3/8 x 1 inch iron bar: thence South 46.92 feet along the East line of said Lot 3 to the intersection with said line described in civil Action No. 3448: thence N 82. 00'00" W 214.40 feet along said line described in civil Action No. 3448 to the intersection with the West line of said Adams Tract: thence N 00. 54'00" E 38.59 feet along the West line of said Adams Tract to the Northwest corner of said Adams Tract; thence S 84. 14' 00" E 214.00 feet along the North 1 ine of said Adams Tract to the point of beginning; containing 9081.2 square feet, more or less. EASEMENT A: (This easement description is meant to delineate a strip of land connecting a tract described in deed to Adams recorded in Book 172 at Page 316 of the Pitkin County records and the actual edge of Meadows Road) A thirty foot driveway easement situated in Lot 4 of section 12, Township 10 South, range 85 West of the 6th Principal Meridian, city of Aspen, Pitkin County, Colorado, Being 15 feet on each side of the following described centerline: Beginning at a 'point on the East line of a tract described in deed to Adams recorded in Book 172 at Page 316 of the records of Pitkin County whence the Northeast corner of said Adams tract, a 3/8 x 1 inch iron bar, bears North 112.75 feet: Thence S 63. 00'00" E 39.00 feet to the West edge of Meadows Road, a public road. 2 . . I , I ...~ i ,--/, ~, ~.. " , i I z to /Is !/-G "!.~ jq I l~ 1 I i~,~ '~J'.. a ~ ~ ~11::'''-O.O '~ 9 '>9 >e00~ ~ -- -- -- - '0 o ---.:::: ~ ~,;s I: J !l ~ } . f ~ U .: . ~ = ~ <(~.... h!i~ ~JJ~~ o d- o ~< z DISTRICT COURT, PITKIN COUNTY, COLORADO Case No. 85CV364 PLAINTIFFS' MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT JAMES S. ADAMS and FLORENCE ADAMS, Plaintiffs, v. JOHN H. ROBERTS, JR.; ESTATE OF EDWARD SENIOR AND ALL PERSONS WHO ARE OR WHO CLAIM TO BE HEIRS THEREOF; SENIOR/HALLAM JOINT VENTURE; MAINLAND SAVINGS ASSOCIATION; THE STATE OF COLORADO; and all unknown persons who claim any interest in the subject matter of this action, Defendants. Plaintiffs, JAMES S. ADAMS and FLORENCE ADAMS, by their attorneys, J. NICHOLAS McGRATH, P.C., hereby move for leave to file a second amended complaint and as grounds therefor state as follows: 1. Since the filing of the Amended Complaint, it has come to the attention of the plaintiffs that Savanah Limited Partnership and Alan R. Novak may claim an interest in one or more of the parcels of land which are the subj ect matter of this action. Plaintiffs wish to join Savanah Limited Partnership and Alan R. Novak as defendants. 2. Plaintiffs have discovered an error in the legal description of the driveway easement described in paragraph sixteen of the complaint and plaintiffs wish to correct that error. 3. We believe that no party will be prejudiced by these amendments. A copy of the proposed Second Amended Complaint is attached hereto. LEGAL AUTHORITY Rule 15, C.R.C.P. states ".. . leave to amend shall be freely given when justice so requires." It has been held that 1 Pitkin Co. Dist. ct. Case No. 85CV364 the rule prescribes a encourages the courts to Varner v. District Court, Dated: liberal policy of amendment and look favorably on requests to amend. 618 P.2d 1388 (Colo. 1980). J. NICHOLAS McGRATH, P.C. COpy ~I:~I~~~ J. NICHOLAS McGRATH By J. Nicholas McGrath, No. 2759 John D. LaSalle, No. 2275 600 East Hopkins Ave., #203 Aspen, Colorado 81611 (303) 925-2612 Attorneys for plaintiffs CERTIFICATE OF MAILING I hereby certify that I have this day of September, 1987 served the foregoing PLAINTIFFS' MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT and PROPOSED ORDER upon the parties by mailing a copy in the United States mail, postage prepaid, addressed as follows: William R. Jordan, III, Esq. Austin & Jordan 600 East Hopkins Ave., #205 Aspen, Colorado 81611 John H. Roberts, Jr. 100 Sandau suite 302 San Antonio, Texas 78285 Mainland Savings Association 3401 Allen Parkway Houston, Texas 77056 s15: admmo831. pI Duane Woodard, Esq., Attorney General, State of Colorado 1525 Sherman Street Denver, Colorado 80103 Robert G. Hughes, Esq. Oates, Hughes & Knezevich 533 East Hopkins Avenue Aspen, Colorado 81611 Mainland Savings Association c/o John T. Kelly, Esq. 117 South spring Street Aspen, Colorado 81611 \s\ . \ 2 u " . t = j: <~.... ~ ~ It- ~ ::t 2!:J: ~ 3 j J .~ ~ d- DISTRICT COURT, PITKIN COUNTY, COLORADO Case No. 85CV364 SECOND AMENDED COMPLAINT UNDER RULE 105 JAMES S. ADAMS and FLORENCE ADAMS, Plaintiffs, v. SAVANAH LIMITED PARTNERSHIP; ALAN R. NOVAK; JOHN H. ROBERTS, JR.; SENIOR/HALLAM JOINT VENTURE; THE STATE OF COLORADO; MAINLAND SAVINGS ASSOCIATION, and all unknown persons who claim any interest in the subject matter of this action, Defendants. Plaintiffs, JAMES S. ADAMS attorneys, J. NICHOLAS McGRATH, aver and allege as follows: and FLORENCE ADAMS, by their P. C., for claims for rel ief FIRST CLAIM FOR RELIEF 1. The plaintiffs are the owners in joint tenancy and in possession of the following real property situated in Pitkin County, Colorado: "PARCEL A: A parcel of land lying Easterly of and adjacent to a tract deeded to Adams and described in Book 172 at Page 316 of the Pitkin County records, lying Northerly of and adjacent to a line described in civil Action No. 3448 and recorded in Book 208 at Page 148 of the Pitkin County records and situated in Lot 4 of Section 12, Township 10 South, Range 85 West of the 6th Principal Meridian, city of Aspen, Pitkin County, Colorado, more particularly described as follows: Beginning at the Northeast corner of said Adams Tract being identical with the Northwest corner of said Lot 4, a 3/8 x 1 inch iron bar; thence S 84' 14 '00" E 25.54 feet; thence S 02. 16'02" W 47.69 feet to a line described in said civil Action No. 3448; thence 1 Pitkin Co. Dist. ct. Case No. 85CV364 N 82' 00'00" W 23.75 feet along said line to a point on the Easterly boundary of said Adams property; thence North (record: N 00' 54' W) 46.92 feet along said Easterly boundary to the point of beginning; containing 1159.61 square feet, more or less. PARCEL B: A parcel of land lying Easterly of and adjacent to a tract deeded to Adams and described in Book 172 at Page 316 of the Pitkin County records, lying Southerly of and adjacent to a line described in civil Action No. 3448 and recorded in Book 208 at Page 148 of the Pitkin County Records and situated in Lot 4 of Section 12, Township 10 South, Range 85 West of the 6th Principal Meridian, City of Aspen, Pitkin County, Colorado, more particularly described as follows: Beginning at a point, being the intersection of the Easterly boundary line of said Adams Tract and a line described in said civil Action No. 3448 whence the Northwest corner of said Lot 4, a 3/8 x 1 inch iron bar, bears North 46.92 feet; thence S 82' 00'00" E 23.75 feet along the line described in said civil Action No. 3448; thence S 02' 16'02" W 101.57 feet; thence N 84' 14'00" W 19.60 feet to the Easterly line of said Adams Tract; thence North (record: N 00' 54' W) 102.83 feet along said Easterly line to the point of beginning; containing 2202.92 square feet, more or less. PARCEL C: A parcel of land being part of that tract deeded to Adams and described in Book 172 at Page 316 of the Pitkin County records, lying Northerly of and adjacent to a line described in Civil Action No. 3448 and recorded in Book 208 at Page 148 of the Pitkin County records, and situated in Lot 3 in the Northwest 1/4 of section 12, Township 10 South, Range 85 West of the 6th Principal Meridian, city of Aspen, Pitkin County, Colorado, more particularly described as follows: Beginning at the Northeast corner of said Adams Tract being identical with the Northeast corner of said Lot 3, a 3/8 x 1 inch iron bar; thence South 46.92 feet 2 Pitkin Co. Dist. ct. Case No. 85CV364 along the East line of said Lot 3 to the intersection with said line described in civil Action No. 3448; thence N 82. 00'00" W 214.40 feet along said line described in civil Action No. 3448 to the intersection with the west line of said Adams Tract; thence N 00. 54'00" E 38.59 feet along the west line of said Adams Tract to the Northwest corner of said Adams Tract; thence S 84. l4'OO" E 214.00 feet along the North line of said Adams Tract to the point of beginning; containing 9081. 2 square feet, more or less." 2. The state of Colorado is made a party to this action under the provisions of 939-23-144 C.R.S. 1973. No proceedings are pending in any court of this state wherein the taxability of any transfer of the real property described as Parcels A, B, and C, and the liability for inheritance tax, may be determined, but all parties, if any, interested in this transfer and in the taxability have been made parties. 3. As particularly as known or can by due diligence be ascertained, Edward Senior, died testate, and the names of all the heirs entitled to any interest in the real property above described are Robert M. Senior, Clara S. Iglauer, and Agnes Seasongood. As particularly as known or can by due diligence be ascertained, these three heirs are also deceased. Upon information and belief, Senior/Hallam Joint Venture is composed of Edward Senior, Janet S. Hoffheimer, Robert Senior, Clara S. Spritz, Laura Youngs, Harriet S. Iglauer, Arnold Iglauer, Austin and Jordan, a Colorado general partnership, James J. Mollica, and Gerard H. Pesman. Upon information and belief, they have acceded to the interest of the Senior heirs. 4. Defendant Alan R. Novak is named herein because he may claim some interest in the property by virtue of a lis pendens recorded in Book 506 at Page 852 of the records of Pitkin County. 5. John H. Roberts, Jr., executed a deed of trust in favor of Mainland Savings Association on July 25, 1985. Part of the security includes Parcels A and C. Neither Roberts nor Mainland have any interest in the property. Whatever interest they had has been succeeded to by Savanah. 6. There may be persons interested in the subject matter of this action whose names cannot be inserted herein because the names are unknown to the plaintiffs although diligent efforts have been made to ascertain the names of the persons; 3 Pitkin Co. Dist. ct. Case No. 85CV364 such persons have been made defendants and designated as "all unknown persons who claim any interest in the subject matter of this action"; so far as plaintiffs I knowledge extends, the interests of the unknown parties are derived through some one or more of the named defendants. 7. The defendants claim some right, title, or interest in and to the above described real property adverse to plaintiffs; the claims of the defendants are without foundation or right. 8. Plaintiffs I possession of the subject property has been actual, adverse, hostile, under claim of right, exclusive and uninterrupted for over eighteen (18) years as follows: the possess~on has been a general holding and occupance with complete dominion over the property involved to the exclusion of others; plaintiffs have improved the subject property by planting plants and fruit trees and cultivating the land; the east boundary of parcel A and B have been demarcated with split rail fencing and trees by plaintiffs; plaintiffs placed an old Conestoga wagon on the subject property; plaintiffs created a horseshoe pit and have played horseshoes on the subject area. All of these improvements were made by the plaintiffs relying upon their possession and occupancy of the subject property under claim of right and title thereto and relying upon their title and ownership thereof. Plaintiffs are now owners of the fee simple title to the subject property through more than 18 years' continuous, open, hostile, notorious, and adverse possession. 9. The persons holding the apparent record title to the subject property have not exercised dominion over such property at any time during the period of 18 years preceding the filing of this suit. 10. Parcels A and Bare subj ect to easements by Holy Cross Electric and the city of Aspen. SECOND CLAIM FOR RELIEF 11. Paragraphs one through nine are realleged and incorporated herein by this reference. 12. Since 1954, certain real property Colorado and more fully plaintiffs have been the owners of located at 795 Meadows Road, Aspen, described as follows: 4 ~_.- ~-.."--~-,,,,--..,..._- Pitkin Co. Dist. ct. Case No. 85CV364 Beginning at the NE corner of Lot 3, Section 12, Township 10 S, range 85W 6th P.M. Pitkin County, Colorado, which is corner number 1; thence N 84. 14' W. 214 feet to corner number 2 thence S O. 43' E. 150 feet to corner number 3; thence S 84. 14' E. 214 feet to corner number 4; thence N O. 54' W. 150 feet to corner number 1, the point of beginning. Together with a right of way over and across the east boundary of grantor's land as a means of ingress and egress to grantee's land. Said strip of ground to be sixteen feet wide and to be used for road purposes. 13. Defendant Savanah Limited Partnership may be the record title owner of Parcel A, and defendant the estate of Edward Senior or defendant Senior/Hallam Joint Venture may be the record owner of Parcel B as described in paragraph one. Until May 3, 1977, the Aspen Institute for Humanistic Studies was apparently the record title owner of Parcel A. 14. The west boundary of Parcels A and B adjoins the east boundary of plaintiff's property described in paragraph twelve. 15. In 1965, the plaintiffs constructed a driveway approximately 30 feet in width, from plaintiffs' property to the public road known as Meadows Road. The driveway is constructed through Parcel B. Exhibit "A," attached and incorporated herein, shows plaintiffs' property, Parcels A and B, and marks Meadows Road and the driveway. 16. The driveway is fully described as follows: EASEMENT A: (This easement description is meant to delineate a strip of land connecting a tract described in deed to Adams recorded in Book 172 at Page 316 of the Pitkin County records and the actual edge of Meadows Road) A thirty foot driveway easement situated in Lot 4 of Section 12, Township 10 South, range 85 West of the 6th Principal Meridian, City of Aspen, pitkin County, Colorado, Being 15 feet on each side of the following described centerline: Beginning at a point on the East line of a tract described in deed to Adams recorded in Book 172 at Page 316 of the records of Pitkin County whence the Northeast corner of said Adams tract, a 3/8 x 1 inch 5 Pitkin Co. Dist. ct. Case No. 85CV364 iron bar, bears North 112.75 feet; thence S 63' 00'00" E 39.00 feet to the West edge of Meadows Road, a public road." 17. Since plaintiffs have openly, visibly, 1965, a period of 18 years or more, the used the driveway under a claim of right notoriously and adversely to defendants. 18. continuous Plaintiffs 1965. The use of the driveway by plaintiffs have been and uninterrupted for the above-described period. have used the driveway twice daily or more since 19. There is no other access to plaintiffs' property except via the driveway. Meadows Road is the only improved, public and usable road in the vicinity of Parcels A and Band the plaintiffs' property. THIRD CLAIM FOR RELIEF 20. Paragraphs one fifteen are realleged reference. through nine, and and incorporated twelve herein through by this 21. In 1965, one or two months driveway, Tom Sardy, representing the granted the plaintiffs the right plaintiffs' property to Meadows Road belonging to the Aspen Institute. before constructing the Aspen Institute, orally of way driveway from over the property then 22. Plaintiffs relied upon the foregoing representation by defendants and by end of 1965, the driveway had been completed and all construction costs had been paid and plaintiffs had commenced using the driveway; an easement by estoppel in plaintiffs' favor was thereby created. Further, the plaintiffs gave up rights to an alternate access easement previously granted to them by a warranty deed in 1954. FOURTH CLAIM FOR RELIEF 23. Paragraphs one through nine, and paragraphs ten and twelve are realleged and incorporated herein by this reference. 24. In civil Action No. 3448, the Aspen Institute was adjudged the owner in fee simple, by the Pitkin County District Court, of Parcel A and what is marked Parcel C in Exhibit "A." 6 Pitkin Co. Dist. ct. Case No. 85CV364 According to the boundary line set by that approximately one third of the northerly section tract, as described by paragraph twelve would successors in interest to the Aspen Institute. civil action, of plaintiffs' belong to the 25. In 1954, a survey encompassing the subject property was taken by a surveyor named Teller. A round u.s. brass cap marked "eN 1/16 S12 1954" was placed on what is currently Meadows Road, as marked on Exhibit "A." This brass cap was erroneously believed to be placed to mark a sixteenth corner, more commonly knows as the "40 corner." The Teller survey was never approved by the united states Department of Interior. 26. In 1978, Ray Harpin, a BLM surveyor, determined that the iron bar, that marks and lies upon the Northeast corner of the Adams tract described in paragraph eleven, is the correct 40 corner. The Harpin survey was approved in February 1980 by the Department of Interior, Bureau of Land Management. 27. In civil Action No. 3448, the parties, and hence the decree, utilized the incorrect Teller brass cap. 28. In order to demark its property from that of the plaintiffs, in 1955 defendant the Aspen Institute planted cottonwood trees on the northern boundary of the plaintiffs' tract, and on the easterly side of the split rail fence that marks the easterly boundary of Parcels A and B, and in 1965, the Aspen Institute erected a fence on the northern boundary of the plaintiffs' tract. These actions are consistent only with plaintiffs' ownership of their tract, described in paragraph, twelve, and with the plaintiffs' ownership of Parcels A, Band C, as well as with the Harpin location of the 40 corner. 29. The plaintiffs were not named in Civil Action No. 3448 as a named party to the action and the court adjudicated the property utilizing the incorrect 40 corner. Therefore, defendant the Aspen Institute could obtain no rights in that action against the plaintiffs. 30. Title to Parcels A, B, and C should be confirmed in the plaintiffs notwithstanding the decree in civil Action No. 3448. WHEREFORE, plaintiffs pray for a complete adjudication of the rights of all parties to this action with respect to the real property above described; for an order requiring the defendants to set forth the nature of their claims, determining that the defendants and each of them have no interest, estate, 7 Pitkin Co. Dist. ct. Case No. 85CV364 or claim of any kind whatsoever in the real property described herein as parcels A, B, and C, forever barring and enjoying the defendants from asserting any claim or title thereto, quieting the title of the plaintiffs in and to the real property and adjudging that the plaintiff are the owners in fee simple in joint tenancy and entitled to possession of the real property; and for such other relief as the Court may seem proper. Further, the plaintiffs pray for a complete adjudication that plaintiffs are the owners of an easement of way as set out in Exhibit "A" over defendants' property; and an order permanently enjoining defendants from obstructing such easement. Additionally, the plaintiffs pray that the court determine that the defendants and each of them have no interest, estate, or claim of any kind whatsoever in the northerly section of the Adams tract described herein as Parcel C and for such other and further relief as may be appropriate in the circumstances. Dated: J. NICHOLAS McGRATH, P.C. By J. Nicholas McGrath, No. 2759 John D. LaSalle, No. 2275 600 East Hopkins Ave., #203 Aspen, Colorado 81611 (303) 925-2612 Attorneys for Plaintiffs CERTIFICATE OF MAILING I hereby certify that I have this day of September, 1987 served the foregoing SECOND AMENDED COMPLAINT UNDER RULE 105 upon the parties by mailing a copy in the united States mail, postage prepaid, addressed as follows: William R. Jordan, III, Esq. Austin & Jordan 600 East Hopkins Ave., #205 Aspen, Colorado 81611 Duane Woodard, Esq., Attorney General, State of Colorado 1525 Sherman Street Denver, Colorado 80103 John H. Roberts, Jr. 100 Sandau suite 302 San Antonio, Texas 78285 Robert G. Hughes, Esq. Oates, Hughes & Knezevich 533 East Hopkins Avenue Aspen, Colorado 81611 8 Pitkin Co. oist. ct. Case No. 85CV364 Mainland Savings Association 3401 Allen Parkway Houston, Texas 77056 s15:admc0831.pl Mainland Savings Association c/o John T. Kelly, Esq. 117 South spring street Aspen, Colorado 81611 9 ,~ - ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 .-'2 (303) 920-5090 00./ -'] 13 /' ./ 'lJ/{)()- LAND USE APPLICATION FEES C7 .J - -'" CITY: County Code Other (Copy Fees) TOTAL ;';;~'~ 'tff Phone: project:~~;.. J:..u.f C/ht:T ~Lr_~/ No 01 Copies: . / -63250-134 -63270-136 -63280-137 -63300-139 -63310-140 -63320-141 -63330-150 -63432-157 -63432-157 -MR011 GMPIConceptual GMPIFinal SUBIConceptual SUBIFinal AII.2 Step Applications All 1 Step Applications Staff Approval Zoning Plan Check Sign Permrt Use Tax for Sign Permits HISTORIC PRESERVATION: -63335-151 -63336-152 -63337-153 -63338-154 -63339-155 Exemption Minor Major DeveL Sign~, DeveL Demolition COUNTY: -63160-126 -63170-127 -63180-128 -63190-129 -63200-130 -63210-131 -63220-132 -63230-133 -63240-149 -'l3450-146 -63235-148 GMPIGeneral GMPIDetailed GMPIFinal SUBIGeneral SUBIDetailed SUBIFinal All 2 Step Applications All 1 Step Applications Staff Approval Soard of Adjustment Zoning Plan Check REFERI'lAL FEES: -63360-143 -63340-163 -63340-190 -63340-205 Engineering - County Engineering - City Housing Environmental Heahh 00115 00123 00125 PLANNING OFFICE SALES: -63080-122 -69000-145 Name 10/#</7 ~/ , Address _'5 -7T~~ &J. /J..J--~} Go . , , / ~..... ;r~l,/ ea..: ,-.. / Check.: ' fr /4/ 1Y <71 'lJJ () cJ7'~{)OF)'7~' 0-1