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Home My WebLink Aboutcoa.lu.ec.795 Meadows Rd.A18-94Adams Subdivisionf3rPmption & Lot Split A18-94 2735-122-00-003 E C ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspar,, Colorado 81611 (303)920-5090 LAND USE APPLICATION FEES CITY: -63250-134 GMP/Conceptual -63270-136 GMP/Final -63280-137 SUB/Conceptual -63300-139 SUB/Final -63310-140 All-2 Step Applications -63320-141 All 1 Step Applications -63330-150 Staff A.Pprova� -63432-157 Zoning Plan Check -63432-157 Sign Permit -MR011 Use Tax for Sign Permits HISTORIC PRESERVATION: -63335-151 Exemption -63336-152 Minor -63337-153 Major Devel. -63338-154 Signif. Devel. -63339-155 Demolition COUNTY: -63160-126 GMP/General -63170-127 GMP/Detailed -63180-128 GMP/Final -63190-129 SUB/General -63200-130 SUB/Detailed -63210-131 SUB/Final -63220-132 All 2 Step Applications -63230-133 All 1 Step Applications -63240-149 Staff Approval -53450-146 Board of Adjustment -63235-148 Zoning Plan Check REFERRAL FEES: -63360-143 Engineering - County 00115-63340-163 Engineering - City 00123-63340-190 Housing 00125-63340-205 Environmental Health PLANNING OFFICE SALES: -63080-122 County Code -69000-145 Other (Copy Fees) TOTAL Name: Phone Address: / Project:, z4 Check # Dats --- _ No of Copes: -- - -- 1— - KrJ7Na IMLNI 1 �ID USE APPU(nTTCYd M4" • . 1) Project: Name Westview Subdivision situated in Lots 3 and 4 and 23 Project Jocation 795 Meadows Road Aspen Colorado Range 84 West of the 6th P.M. the Northwest 1/4 all in Section 12, Towns l�i.p li South, ,ption 4�er (indicate street aWress, lot' & block r�nntier, apprcypri;ate) 3) P ent 71oning R - 15 4) Int' Size Approx. 35,305 sq.ft. t'5 Name, Address & ,low # James S. and Florence P. Adams, 795 Meadows 5) AppI can CoIoradd 8161.1 303 925-3388 me11- & I't # James S. Adams 795 Meadows Road 6) �present-ative's Na, Aspen Co orado 81611 303 925-3388 7) a) Description of approddmate sq. pr perty) - Zvpe of Application. (please died all that apply) Ilistorx.0 Dev- Conditional U5e Cax)ePtIlal SPA Special It-- r Final SPA 8040 Greenline Cod ptual IUD. Slam Margin Final PUD Motuitain View Plane Subdivision i.niumi�.ati 1 `'P �i1 X IAt-- Spli }kl3ns�t DC stirxl - Uses (rumbcr and type of exi'-tirxJ sE % granted to ttxr ft.; rumber of bedrooms-; any PrOvi� ° approvals Final. IL storic Dev-. Minor historic Dev. Ililstaric Demolition rri.;toric Desigoation . CzW Allotment ood house - a )rox. 3,100 sq.ft. and one storage shed.- approx* une storyw 75 sq. f . t., four bedrooms in house - two variances approved by the Board of Adjustments on February 3, 1994 - .Case #94-1 9) Description of Development Applicatioar Applicants propose to subdivide the Vloperty forsale;_theeXistinp residential _�.._ . onstructed on one lot and the other lot -411 hP either moved ob rec will be offered for sale. 10) have you attadxni the follcxaing?Miniiu]m 5u]�issiarl Cantetits I2espoa�se to Attacinnetit 2, ssicn CoaYtents Itespoa�se to Attadm�lt 3, Specific �-�- Application � to Attadmr_nt 4, Pavi_ew Standards for Your iuuy,_ikLw,.� USE APPLICATI0 0 IY3M • r 1) project Name 2) Project IDcation (indicatestreet address, lot & block nuaber, legal description ,A� appropriate) Zoni4) lot Size 3) pKesent 5) Applicant's Name, Address & llxm # . 6) izepresentative's Name, Address & PtKM # 7) Type of Application. (please check all that apply) pcaxiit-j.onal Use t ual SPA Conceptual Historic Dev. Final Historic Special Raview Final. SPA 8040 FM. minor Historic Derv. iliS tion ' Stream Margin Final AJD torlc �`� Mountain View Plane. SubdivisionIiistaric Designation phi" ization T ap Mr-r rNent- GK�S Allot I,ot Splrit,%I�t Lime aj.�S cn Adjustment 8 DescriPtiOn of : Exi st i m Uses (rxmober' and typ-ofgranted to the n3structures; approximate sq. ft. ; rumber of bedrooms; anY P1 approvals property) g) Description of Development Application 10) have y e two Attathe chment 2,?Minimum Subnissicn Contents if is Submission 0or* 'IIts R,espoa>Sse to Attachment 3, Specfor Your Application Response to Attachment 4, Mew EXHIBIT B N -- M„i5,t0.4t N 06 NEY/ aL�GN`o K.p 2� ,sa)'PL I I I ways 7- • AFFIDAVIT OF NOTICE BY POSTING As documented below, I have complied with the Notice Requirements of the Aspen Land Use Regulations of the Aspen Municipal Code by posting of a Public Notice for a Public Hearin-- 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 through May 23rd, 1994. AFFIDAVIT OF NOTICE BY MAILING I have complied with the Notice requirements of the Aspen Land Use Regulations 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 (300) feet of the subject property. Florence P. Adams, Witness 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. sJJohn Bennett, Mayor Aspen City Council Published in the Aspen Times on May 6, 1994 City of Aspen Account • PROPERTY OWNERS VIITHIN 300' OF 795 MEADOWS ROAD City of Aspen c/o F?E w�1 �0�9� , r l rPt.�►.)q (Yk�cE ' 130 South Galena St. Aspen, CO 81611 / RHH Aspen Trust v C/o Marc A. Neurman ' Two North LaSalle St. Lf--p Chicano, IL 60602 Hollenbeck, John I and Caren Gamicia Chisholm, Jane Hollenbeck and John Walter n��D 5�«�q� c/o Dr. Lloyd Shields 4200 East Cedar St. Denver, CO 80222 Kelly Family, Ltd. c/o John Kelly 533 East Hopkins St. Aspen, CO 81611 Savanah Limited Partnership c/o Joe Imbriani�`� SG12`4y 600 East Cooper St. !� Aspen, CO 81611 Aspen Institute 1000 North 3rd St . l/ N��l-E� S�1z� `�`� Aspen, CO 81611 Goldsbury, Christopher// Box 12636 San Antonio, TX 78212 "'u--° Pace Foods, Inc. k--, c/o Poer and Company 1200 17th Street, Suite 960 Denver, CO 80202 ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 Phone 920-5090 FAX 920-5197 MEMORANDUM TO: City Engineer FROM: Leslie Lamont, Planning Office RE: Adams Subdivision Exemption for a Lot Split Parcel ID No. 2735-122-00-003 DATE: March 21, 1994 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 T0: Leslie Lamont Senior Planner, City of Aspen FROM: Jim Adams DATE: May 23, 1994 RE: Adams Subdivision Exemption and GMQS Exemption for a Lot Split 23 Chuck Roth called us several days ago, giving 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- corder, 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 111." 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 112" (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 of the subject property is 795 Meadows Road, Aspen, Colorado. A legal description and vicinity map appears on the Plat. Also submitted herewith and made a part hereof as Exhibit 113" 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, Ja es S. Adams lorence P. Adams Enclosures p\lt\lamont.218 a • • J. NICHOLAS MCGRATH, P.C. A Professional Corporation Attorneys At Law J. Nicholas McGrath' Michael C. Ireland January 29, 1991 Mr. Peter Delaney Stewart Title 602 E. Hyman Aspen, CO 81611 Re: Adams Dear Peter: 600 East Hopkins Avenue Suite 203 Aspen. Colorado 816ll Telephone (303) 925-2612 Te lecopier (303) 925-4402 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 --once 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), and O.C. (1966) bars • • RAP LEGAL otQ f,� +suja ye:,..l 9�.t,�'t�o►JS , J. NICHOLAS MCGRATH, P.C. Mr. Delaney January 29, 1991 Page 2 me a call. Thanks. Sincerely yours, J. NICHOLAS McGRATH, P.C. By k) J. Nicholas McGrath cc: Jim and Florence Adams tit& wry j-& 1,,, "„'- xtz duwA :SR,wJK ;j, M 0AMI-1 ccuo� Grp r� u J. NICHOLAS MCGRATH, P.C. A Professional Corporation Attomeys At Law J. Nicholas McGrath' Michael C. Ireland Mr. Norman E. Larkins Aspen Title Corp. 600 E. Hopkins, Suite 102 Aspen, CO 81611 Dear Norm: March 4, 1991 Re: Adams, No. 401100-C 600 East Hopkins Avenue Suite 203 Aspen, Colorado 81611 Telephone (303) 925.2612 Telecopier (303) 925-4402 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 I I, 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. cc ; 441, k" AdaatS Sincerely yours, J. NICHOLAS McGRATH, P.C. By 0ult, J. Nicholas McGrath 'Member, Colo. (f97f), Calif. (1969). and D.C. (1966) bars 0 • CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 03 03 94 PARCEL ID AND CASE NO. DATE COMPLETE: C 2735-122-00-003 A18-94 STAFF MEMBER: LL PROJECT NAME:_ Adams SuTivision Exemption and Lot Split Project Address: 795 Meadows Road Legal Address: APPLICANT: James and Florence Adams Applicant Address: 795 Meadows Road 925-3388 REPRESENTATIVE: Representative Address/Phone: -------------------------------------------------------------- Aspen, CO 81611 -------------------------------------------------------------- FEES: PLANNING $ 978 # APPS RECEIVED 2 ENGINEER $ 242 # PLATS RECEIVED 2 HOUSING $ ENV. HEALTH $ TOTAL $ 1220 TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: X 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date �1 .[ `' PUBLIC HEARIN YE NO Z 3 _Z VESTED RIGHTS: YES NO DRC Meeting Date --------------------------------------------------------------- --------------------------------------------------------------- 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 �� DATE REFERRED: INITIALS: DUE: FINAL ROUTING: DATE ROUTED: D 4 INITIAL City Atty City Engineer ning Env. Health Housing Open Space Other:.T FILE STATUS AND LOCATION: STATEMENT OF EXEMPTION FROM THE FULL SUBDIVISION PROCESS AND GMOS FOR THE PURPOSE OF THE SPLIT FOR U 795 MEADOWS ROAD, LOTS 3 AND 4 AND THE NORTHWEST 1/4 R ALL IN SECTION 12. TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M., ASPEN, COLORADO U�, 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, Colorado; and rO Ix w WHEREAS, Applicant has requested an exemption pursuant LLn O it to h 24-^-104 (C) (1) (a) of the Municipal Code of the City of Asper. 0 of a split of such lot (the "Lot Split") and GMQS; and w 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 ra w forth below. U 01 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 a Split and GMQS is proper, and hereby grants an exemption from the �z full subdivision process for such Lot Split and GMQS. PROVIDED, HOWEVER, that the foregoing subdivision and crGMQS exemption is expressly conditioned upon: 03 1. That the Final Plat: of Lot Split (the "Final ii 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. r_ O H > 2. Prior to the issuance of any building permits, the n 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 So > leave the site. r•� H r) O 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 • • 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 (D provision and such holding shall not affect the validity of the a- remaining portions thereof. r•� i IL C••a r� E a� 7. The Applicant shall remove the fence along the ditch easement so as not to obstruct ditch maintenance, if necessary. Dated this day of , 1994. JV J es S. Adams Florence Adams APPROVED AS TO FORM: joh n W rc s er, City Attorney CITY OF ASPEN J BY: John Bennett, Mayor I, Kathryn S. Koch, do hereby certify that the 0 foregoing Statement of Exemption from the Full Subdivision r� Process for the Purpose of the Split of Lots 3 and 4 and the r' 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. Kathryn S a4Koc , City C1 k 2 !a( i iL a� r� t STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The fo oing instrument was acknowledged before me this / day of 1994, by John Bennett, as Mayor, and Kathryn S. Koch, As City Clerk, on behalf of the City of Aspen, a municipal corporation. . In Witness my hand and official seal. My commission expires: MyCarvnissionapires9/27/96 Notary ubli(5 STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me th'3 S "?.1 4L, day of r1 «'- 1994, by James S . Adams. Witness my hand and official seal. My commission expires: 6cl)0819J" Notar Public STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me th�,..,�:�� day of Ro-'_ 1994, by Florence Adams. �• Witness m hand and official seal. a ARY Y •' . My commission expires: 09 )o5 )qS cc 0 Notary Public p\re\adamssmt.exm • • CITY ' ER 130 S. � ALr!-_' Ng 0 it • • V(1b 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: 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. Council approved first reading of Ordinance 17 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 12, Township 10 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: Please see Engineering referral comments, exhibit A. STAFF COMMENTS: 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, 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 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 an agreement to construct a sidewalk, by the City in the future. applicant shall enter into curb and gutter if required 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. T1ie 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. 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 0 0 VI'l MEMORANDUM TO: Mayor and Council THRU: Amy Margerum, City Manager FROM: Leslie Lamont, Senior Plan DATE: April 25, 1994 RE: Adams Subdivision Exemption and GMQS Exemption for a Lot Split, First Reading Ordinance 17, Series of 1994 ----------------------------------------------------------------- SUMMARY: 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 LOCATION: 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. 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: Please see Engineering referral comments, exhibit A. STAFF COMMENTS: 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 • • 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. RESPONSE: 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.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 • • shall be recorded within 180 days of final approval. Failure to record the agreement and plat shall nullify the approval. RECOMIMENDATION: 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 Engi nPPri ng and plar;.^.ir:7 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 C� • 4. Prior to final plat approvals, the an agreement to construct a sidewalk, by the City in the future. applicant shall enter into curb and gutter if required 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. RECOMMENDED NOTION: "I move to read Ordinance /7-, Series of 1994." "I move to approve Ordinance l -7, Series of 1994 on first reading approving the subdivision exemption for a lot split for 795 Meadows Road, the Westview Subdivision, Aspen Colorado." Ordinance `, Series of 1994. EXHIBITS: A. Referral Comments B. Site Plan 4 • EXHIBIT A MEMORANDUM To: Leslie Lamont, Planning Office From: Chuck Roth, Engineering Department 61`p- 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 • J& EXHIBIT A MEMORANDUM To: Leslie Lamont, Planning Office From: Chuck Roth, Engineering Department (�'7_ 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 • • 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 M94.1&4 0 9 EXHIBIT B 4 NEW p11G 40 LU - (o��•�ybr�) ,�1L'bf1 M�zO,'�I,ZOS ry I I � I I x I � I w 88 18� � Ny �LL z � N � r LL AV o� t I I I O LJ1 -- M,.n.tP•S�h -- 1r13W3GV3 y7M35 , O I I 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 4 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 a • • Order No. 403319 ADJACENT OWNERSHIP CERTIFICATE ASPEN tITLE CORPORATION, a corporation organized and existing under and by virtue of the laws of the State of Colorado, HEREBY CERTIFIES That is has made a careful and diligent search of the records in the office of the Clerk and Recorder for PiLkin County, Colorado, and has determined that those persons, firms or entities set forth on the Exhibit "A" 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 feet of the following described real property situate, lying and being i►► 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. 111E LIA131LIIY OF T11E (;RITANY HREUNUER IS EXPRESSLY LIMITED TO THE AMOUNT OF THE FEE PAID FOR 11115 CERTIFICATE" PLUS $250.00 DATE: February 28, 1994 ASPEN TITLE CORPORATION, a Colorado corporation — ty�.Yycce Presi-Cent • • Order No. 403319 ADJACENT OWNERSHIP CERTIFICATE ASPEN TITLE CORPORATION, a corporation organized, and existing under and by virtue of the laws of the State of Colorado, HEREBY CERTIFIES That is has made a careful and diligent search of the records in the office of the Clerk and Recorder for Pitkin County, Colorado, and has determined that those pet -sons, firms or entities set forth on the Exhibit "A" attached hereto and by this reference incorporated herein and made a part hereof, reflect the apparerit owners of lots, tracts, parcels and condominium units lying within 300 feet of the following described real property situate, lying and being in the County of Pitkin State of Colorado, Lo-wiL: 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 Lhe use and benefit of the above; named applicant and the City or Town of in the County of Pitkin, State of Colorado. 111E LIABILITY OF 111E 0ii'(Ap 11LiiLUNDER IS EXPRESSLY LIi11TED TO T11� AMOUNT Or Tq FEE PAID FOR 1111S CERTIFICAIE PLUS M U- 00 DATE: February 28, 1994 ASPEN TITLE CORPORATION, a Colorado corporation By: yrrn�yCice Preslent 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 4 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, Mayor Aspen City Council Published in the Aspen Times on May 6, 1994 City of Aspen Account St AX(lki Cy 4 y 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 ispreliminary 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." SEPTEMBER 24, b d 1968 AN ++�4� cA�IFOR��pr First American Title Insurance Company BY YJe4 1(,e-PRESIDENT ATTEST SECRETARY BY COUNTERSIGNED • COMMITMENT • SCHEDULE A JIM ALMS 795 MEADOWS ROAD ASPEN 00 81611 1. Effective Date: January 3, 1994 at 7:00 AM SM/bs 2. ALTA Owner's Policy Proposed Insured: TO BE DETERMINED 3. ALTA Loan Policies Proposed Insured: Order No. 403319 -C Customer Reference ADAMS Amount: $ Amount: $ Amount: $ 4. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE and title thereto is at the effective date hereof vested in: JAMS S . ADAMS and FLORENC.E ADAMS, as tenants in cannon Cleaner's Premium: $ Lender's Premium: $ Add'l Lender Chg: $ Add' 1 Charges: $ Tax Certificate: $ Endorsement C hg : $ TBD Changes: $ 254.00 TOTAL CHARGES: $ 254.00 issued by: Aspen Title Corporation 600 E. Hopkins Avenue, ##102 ASPEN CO 81611 FAX (303) 920-4052 (303) 920-4050 Denver 595-8463 FIRST AMERICAN TITLE INSURANCE CCIMPANY COMMITMENT Plat id No. SCfMULE A (conthmied) Order No. 403319 -C 5. The land referred to in the Commitment is covering the land in the State of Colorado, County of Pitkin , described as follows: A parcel of land situated in Lots 3 and 4 and the Northwest 1/4 all in Section 12, Township 10 South, Range 84 West of the 6th P.M., Pitkin County, Colorado, being more 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 and being identical with the Northeast corner of said Lot 3, a 3/8" X 1' iron bar; thence South 84014' East, 25.54 fit; thence South 02 ° 16' 02" West, 149.26 feet; thence North 84014' West, 231.23 feet to the Southwest corner of said tract; thence North 00.54' West, 150.00 feet; thence South 84.14' East, 214.00 feet to the Point of Beginning. Together with a thirty foot driveway easement situated in Lot 4, Section 12, Township 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 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' iron bar, bears North 112.75 feet; thence South 63°00'00" East, 39.00 feet to the West edge of Meadows Road, a public road. FIRST AME ICAN TITLE INSURANCE COMPANY • COMMITMENT • Section 1 THE FOLIAWING ARE THE RED TO BE OOPMPLIWITH: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Deed from JAMS S. ADAMZS and FLORENCE ADMdS to A BUYER TO BE DETERMINED. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288 - CRA 39-14-102. THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEAM OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR PITKIN COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTERS, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE: THIS CONMITNIETFP IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR NOMINEE CLOSES THE TRk SACI'ION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE 00NMITTv1ENT, ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF INSURANCE. FIRST AMERICAN TITLE INSURANCE COMPANY COMMITMENT 0 SCHEDULE B Section 2 EXCEPTIONS Order No. 403319 -C The policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Conpany: Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Any facts, rights, interests, or claims which are not shown by the public records but which could ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 2. Easements or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, ts, and any other facts which a correct survey would disclose and which are not shaven by the public records. 4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or aging subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Cc nnitment. 6. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxiing district. 7. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 8. Right of the Proprietor of a Vein or Lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded in Book 55 at Page 02. 9. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded in Book 55 at Page 02. 10. Easement and right of way for a perpetual sewer easement as granted to Aspen Metropolitan Saratation District by James S. Adams and Florence Adams in instrument recorded May 22, 1970, in Book 248 at Page 612. 11. Any and all unredeemed tax sales. NOTE: Upon receipt of a Certificate of Taxes Due evidencing that there are no existing open tax sales, the above exception will not appear on the policies to be issued hereunder. FIRST AME ICAN TITLE INSURANCE COMPANY NOTICE TO PROSPECTIVE BUYER 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, lis-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, liens 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. If there 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; financial 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 §10-11-122 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. 1755 • • Commitment, Conditions and Stipulations COMMITMENT Conditions and Stipulations The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument. 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 Company 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 matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Companv under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate of interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the Insuring provisions, exclusion from coverage, and the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien of the insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this Commitment. N1 DEED Sarcli Senior/Hallam Joint venture ritkin Pal 2a!alesS. mane and rjorence Adams Colorado 795 Mesdo.. Road. Aspen. Pitkin anJ TEN AND NO1100 ------(51O.- DO) DOLLAR flS -----------bWA" TlI I h1l � 0-11' QUIT CLAWED. NW t'y W, WW h�h IhCM M-I' Jv en wn_ mk,, %ell. n, un I QUIT CI \Ikl pmkO\L their twi,, awcx— h the rinim %I hat 1" and 1hC frslPnTR1T wp' .... . . -t1w (lwnn Id Pitkin AM suft or I—V K-,ng m thr See so attachment - *Ono at a) dm C) xr a0l, C=) > 4, I = "�I'r C:) Cl) N/A therevmc bckvnpinp Cw in I,lrkT j1h all ard .,,uL. the Mv"r?-W— W'd Pm""- r To HA% E AND TO ROLD 'he rj he rrgoW S), jdW is WW STAd7. 00 4 0 arlaming. " all the t�tmft - nftm, tw1k, Ime"-Q &M halm sn� —w thetruM their - f � - - I Ax ,w" wid awpm kwcmf V, - the —N P"qwj VW. bcmhl 11w rrmk�,k P4 %TTNF-%S The rra,",j hs "r"mdih�&rd,w*wdmW,-1 ti SENIOR/ \1 JOINT VEVrURE 1A �-k�IDW By: aINR `Jot; 1, par n n 0 e mer C CA Gerard H. Pe CA 0 -4. ImMILTON 16'— d, 4 March Th, 0 (VOTARIES • v CONTINUED ON REVERSE) STATE DOCUMUTARY FEE f-em • Of% and' q %jL1. Q1 TT 11, k� W N vw357 eonA 5,i4 ,203 eaa� 1f5r��1 STATr or CULCKADO ) a l as. cob•Nr1• or rim\ ) -subs ed and sworn to before me thisdaY of March, 1988 by \tijica. CTAVL %jjl;ltni6my hand and official seal• i i1 -O ao- No c$ssdss ion expires: !r•cnt t STATE OF COLORADO ) i { on. ? COUNTY OF PIMN Subscribed and sworn to before me this'A" daY of march. 1988 by of Austin i Jordan. - ;.-t William R. Jordan 111. as partner Witness my hand and official seal. commission expires. M,aMM" f*0610WR. „ S 11",41+A1,•y`\. Notary Public =. rr 1 ( %0 i STATE OF COLORADO COU::ri OF PITKIN )% this � Y of May. day 1998 by , •' �`t` Subscribe" and sworn to before me ;' _ Gerard H. Pesman. • S W,: -Witness my hand and official seal. y ?iy esssiuion ;IrtK expires: *1��itM ,, a •� py r �. Y �O(f.Ar�, 3 e Notary Publlc P u ov�4 4;^w; i - f I ry {• c � f t \ . .,: . 1- ,1 A ATTACID(FNT TO DEED FROM SENIOR/IIALL&M JOINT VEHTZIRE 1 TO JAMES S. ADAMS AND FLORENi ADAMS r DATED Cr —• PARCEL At A parcel of land lying Easterly of and adjacent to a tract deeded to Adams and deserib*d In Book 172 at Page 31G of the . Pitkin County records, lyl"yg Northerly of and adjacent to a line described in Civil Action No. 3448 and recorded in Book 208 at Page 148 of tho Pitkin County records and situated in Lot 4 of Section 12, Township 10 South, Range 65 Nest of the 6th Principal Meridian, City of Aspen, Pitkin County, Colorado, more particularly described as follOwsl Identical. with the'Northwestvcorner -of said loot 4, a 2/a X 1 Inch Iron berg thence B 84' 141oo" E 25.54 feett thence 8 02' 1 16102" W 47.69 feet to a line described in said Civil Action Ito. 24461 thence N 62' 00100" W 22.75 fast along said line to ■ -- point on tits Easterly boundary of said Adams property! thence North (record: H 00' 54' W) 46.92 fast along said Easterly >; boundary to the point of beginnings containing 1159.61 square feet, more or loss. .r PARCEL Bi A areal o[ land lying Easterly o[ and adjacent to a tract P • .�� deeded to Adams and described in Book 172 at Page 316 of the. Pitkin County records, lyin Southerly of and adjacent to a line described in Civil Action Ito. 3448 and recorded in Book 208 at Page 148 of the Pitkin County Records and situated in I.ot 4 of Section 12, Township 10 South, Range 85 Bast of the 6th Principal Meridian, City of Aspen, Pitkin County, Colorado,y,; more particularly described as follows! Beginning at a point, being the intersection of the Easterly ,r,T. boundary line of sold Adams Trnct end a line describod in void 0 ' Civil Action Ito. 3448 whence the Itorthwost corner of said Lot 4, a 7/8 x 1 inch iron bar, bears North 46.92 feett thence 9 82' o0'0o" E 27.75 feet along the lino described in said Civil Action Ito. 34481 thence S 02' 16102" W 101.57 feet! thence H - e4' 14roo" W 19.60 feet to the Easterly line of said Adams Tractr thence North (records 11 00' 541 W) 102.83 feet along said Easterly line to the point of beginnings containing 1202.92 square feet, more or less. CARCEL C: A pnrcal of Innd beitrq part of thnt tract deeded to Adnma and described in !look 172 nt Page 716 of the Pitkin County rer.ords, lying Northerly of and ad)ncent to a line described In Civil Action ;to. 3448 atnl recorded in Book 208 at Page 148 of tits 11 .5 `AL 565 55-1 M; 204 Pitkin County record", and situated in Lot ] in the Northwest 1/4 of section 12, Township 10 South, Pitkin 95 wont of the doh Principal Meridian, City of Aspen, More particularly described as follOwst Beginning at the Northeast corner of said Adams Tract being ldentical with the Northeast corner aof said Lot 3, inch iron bart thence South 46.92 feet along the East line Of said Lot 7 to the intersection with sid line described in Civil Action No. 34481 thence N 82, 0000o" M 214.40 foot along '. said line described In Civil Action No. 744s to the r.._.,. intersection with the Neat line of said Adams Traetl thence o0' 54100" E 38.59 Lest along the West line of said Adams Tract �� t to the Northwest corner of said Adams Traetl thence D 84' ,4 14100" E 214.00 feet along the North line of said Adams Tract to the point of beginning) containing soii.9 square i•.Z, ire r or r� '+ EASEMENT At (This easement description is meant to delineate a strip of lend connecting a tract described in deed to Adams recorded in ty records and that Book 172 at Page 316 of the Pitkin Coun3 actual edge of Meadows Road) A thirty Loot driveway easement situated in Lot 4 of Section 12, Township l0 South, range 8S West of the 6th Principal Meridian, City of Aspen, Pitkin County, Colorado, Being is toot on each side of the following described centerlinet r' K line of a tract described in Beginning at a point on the East 71 deed to Adams recorded in Book 172 at Page 316 of the records �` of Pitkin County whence the Northeast corner of said Adams i a 3/e x 1 inch iron bar, bears North 112.75 fsetr No `' tract, �y Thence S 6]' 00' 00" E 39.00 feet to the Nest edge of Msedows. Road, a public road. r. 7. w<. 4j4 :.7 . AM,*. '�v f ,now , sr 1 1 r Recorder. ecorded at o'clock M.. _ it Reception No. � Ir— QUIT CLAIM DEED THIS DEED, Made this 16 day of December , 1987 . between Senior/ffallam Joint Venture of the *County of Pitki❑ and State of Colorado, gramor(s), and James S. Adams and Florence Adams P---,r- ss 4 s� A(-lx-r z `16 whose legal address is 795 Meadows Road, Aspen, Colorado 816111 of the County of Pltkin and State of Colorado, grantee(s), WITNESSETH, That the grantor(s), for and in consideration of the sum of ten dollars and other good and valuable consideration———————————————————————yrxzatts the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents do remise, release, sell, convey and QUIT CLAIM unto the gramee(s), their heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the grantors) ha a in and to the real property, together with improvements, if any, situate, lying and being in the County of P 1 tkin and State of Colorado, described as follows: See attachment. also known by street and number as: N / A TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantoe(s), their heirs and assigns forever. IN WITNESS WHEREOF, The grantor(s) ha a executed this deed on the date set forth above. SENIOR/11ALLAM JOINT VENTURE BY //Vt IlA /A STATE OF COLORADO, 1 ss. County of J The foregoing instrument was acknowledged before me this ! day of by I A It ourr �crte�etn� r-1 My commission expires S 199 . Witness my hand and official seal. H-" Peb. *If in Denver, insert "City and." Na. 933. P[ . J-S.S. QUM CLAIM DEED a,Mk.d P,bll.hM,, 5825 w. " A v . LA—.d. CO 10214 — (703) 233 6900 ATTACHMENT TO DEED FROM SENIOR/HALLAM JOINT VENTURE TO JAMES S. ADAMS AND FLORENCE ADAMS DATED beceatt & )b , 19l-/. PARCEL As 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 Ilo. 3448 and recorded in Book 208 at Page 148 of the Pitkin county records and situated in Lot 4 of Section 12, Township 10 Soutll, Range 85 West of the 6th Principal Meridian, city of Aspen, Pitkin County, Colorado, more particularly daac±-ltio.� as eo2lo► si ..A. 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. 14100" E 25.54 feetl thence a 02. 16'02" W 47.69 feet to a line described in said Civil Action No. 34481 thence 14 82. 00100" W 23.75 feet along said line to a point on the Easterly boundary of said Adams propertyl thence North (records if 0o• 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, )yin Southerly of and adjacent to a line described in Civil Acton Ito. 3448 and recorded in Book 208 at Page 148 of the Pitkin County Records and situated in Lot 4 of Section 12, Towtisllip to SoutilRange 85 West of the 6th Principal t•feridian, 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 110. 3448 whence the Northwest corner of said Lot 4, a 3/8 x 1 inch iron bar, bears tlorth 46.92 feetl thence s 82. 00100" E 23.75 feet along the line described in said Civil Action 110. 34491 thence 8 02. 16102" W 101.57 feetl thence it 846 14100" W 19.60 feet to the Easterly line of said Adams Tractl thence tlorth (record: it o v 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 tto. 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 120 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 Ila. 3448; thence N 82. 0010011 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. 5410011 E 38.59 feet along the West line of said Adams Tract to the Northwest corner of said Adams Tract; thence S 84• 14000" E 214.00 feet along the North line of aai.3 Ada -a Tract to the polnL of beginning; containing 9081.2 squarefee+ , 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 centerlines 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. 00100" E 39.00 feet to the West edge of Meadows Road, a public road. 2 Recorded at o'clock M. r` Reception No. � QUIT CLAIM DEED Recorder. THIS DEED, Made this 14th day of December , 19 87 , between Alan R. Novak of the 'County of P i tkin and State of Colorado, grantor(s), and James S . Adams and Florence Adams whose legal address Is 795 Meadows Road, Aspen, Colorado 816111 of the County of P itkin and State of Colorado, grantoc(s), WITNE.SSETH, That the grantor(s), for and in consideration of the sum of ten dollars and other good and valuable consideration -------------------------)4WYdNft the receipt and sufficiency of which is hereby acknowledged, he remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the granice(s), their heirs, successors and assigns, forever, all the right, tide, interest, claim and demand which the grantor(s) has in and to the real property, together with improvements. if anv. %inlare Iving ao.f 1..ino t� the cco"r,ty of F i Lkiu and State of Colorado, described as follows: See attachment: also known by street and number as: N/A TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunlo belonging or in anywise thereumo appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantee(%), their heirs and assigns forever. IN WITNESS WHEREOF, The grantors) ha a executed this deed on the date set forth above. e Alan R. Novak STATE OF J 0 1 St. County of J The foregoing instrument was acknowledged beRSre me this day of ��,C.(itr+.I7G✓ 19 % , by Alan R. Novak My commission expires KX) —ciI , 19 . Witness my hand and official seal. rr-q tua 'If in Denver, insert "City and." No. f33. Ire.. 395. QM cuaat Deta ar.er«a PvltIW g. 5925 W. Wa Are.. Uh.-.W. CO 80214 — 1%111 231-6900 1493 ATTACHMENT TO DEED FROM ALAN R. NOVAK TO JAMES S. ADAMS AND FLORENCE ADAMS DATED L/ , 1931. 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 an fn17- 3: 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 bars thence S 84' 14100" E 25.54 feet= thence S 02' 16102" W 47.69 feet to a line described in said Civil Action No. 3446; thence 11 82' 00000" W 23.75 feet along said line to a point on the Easterly boundary of said Adams property; thence North (record: 11 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' 00100" E 23.75 feet along the line described in said Civil Action No. 3448; thence S 02' 16102" W 101.57 feet; thence N 84• 14100" 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 11 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 828 00100" 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. 54100" E 38.59 feet along the West line of said Adams Tract to the Northwest corner of as i d AdA,nQ T.-ace- . t►;e;;cc e o A • 14100" 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 A: (This easement description is meant to delineate a strip land connecting a tract described in deed to Adams recorded Book 172 at Page 316 of the Pitkin County records and actual edge of Meadows Road) of in the 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 tract, a 3/8 x 1 inch iron bar, bears North 112 Thence S 630 0010011 E 39.00 feet to the West Road, a public road. 2 of said Adams .75 feet; edge of Meadows w - Recorded at o Reception No. M., QUIT CLAINI DEED Recorder. Tit IS DEED, Made this 21st day of December 19 87 , between Savanah Limited Partnership of the 'County of Pitkin and State of Colorado, grantorfs), and James S. Adams and Florence Adams V �u 2�6 31� whose legal address Is 795 Meadows Road, Aspen, Colorado 81611 t of the County of Pitkin and State of Colorado, grantee(s), WITNF-SSETII, Thnt the grantor(s), for and In consideration of the sum of Ten dollars and other good and valuable consideration — — — — — — — — — — — — — — — — — — — — — — — — — 0IDUX(% the receipt and sufficiency of which is hereby acknowledged, ha 8 remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUITCLAIM unto the grantee(s), their heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the grantor(%) has in and to the real pmpenv. together with improvements, it any, situate, lying and being In the County of Pitkin and State of Colorado, described as follows: See attachment. also known by street and number u: N/A TO HAVE AND TO HOLD the sane, together with all and singular the appurtenances and privileges thercunto belonging or in anywise thereunto appertaining, and all the estate, right, title, Interest and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantee(%), their heirs and assigns forever. IN WITNESS WHEREOF, The grantors) has executed this deed on the date set forth above. Gen al fartner Vice —President of 1001, Inc. '0RY1-Arf-D STATE OF COMR=ADO, l ss. County of *exr4a, m y 1 The foregoing Instrument was ackri,mledged before me this if day of by 4ot4 t--D 4. Av1n. My commission expires TU,L / t *if in Denver, Insert "City and." 19 90 . Witness my hand and official seal. No. 933. lam. 3W. Qm ct.Aim omen a,,dr«d wbumu,s. 5123 M. 66 Aw., Lk —A. cv grubs — txost 233-69M "5 ATTACHMENT TO DEED FROM SAVANAH LIMITED PARTNERSHIP TO JAMES S. ADAMS AND FLORENCE ADAMS DATED I1r[eck L(A.- .2-1 , 19". 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 ns f-,,OWS 11VM��. . 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' 1410011 E 25.54 feet; thence S 02' 1610211 W147.69 feet to a line described in said Civil Action No. 3448; thence N 82' 00100" 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. 00100" E 23.75 feet along the line described in said Civil Action No. 3448; thence S 02' 16102" W 101.57 feet; thence N 84' 14100" 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 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' 00100" 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' 54100" E 38.59 feet along the West line of said Adams Tract to the Northwest corner of said Adams Tract; thence S 84• 14100" 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 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' 0010011 E 39.00 feet to the West edge of Meadows Road, a public road. K P" I — � HIM LOT 3 W. �. 7M.2 1. ■naop _ • 1 l • �7eoas ,o 10 0 cos 0 U 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 subject 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 liberal policy of amendment and encourages the courts to look favorably on requests to amend. Varner v. District Court, 618 P.2d 1388 (Colo. 1980). Dated: J. NICHOLAS McGRATH, P.C. By COPY SIG EB B1 J. NICNOIRS Mc6flRTH 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., W205 Aspen, Colorado 81611 John H. Roberts, Jr. 100 Sandau Suite 302 San Antonio, Texas 78285 Mainland Savings Association 3401 Allen Parkway Houston, Texas 77056 sl5:admmo831.pl 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 t, • • lJ a: 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 and FLORENCE ADAMS, by their attorneys, J. NICHOLAS McGRATH, P.C., for claims for relief aver and allege as follows: 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 41 a 3/8 x 1 inch iron bar; thence S 84° 14100" E 25.54 feet; thence S 02" 16102" 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° 00100" 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° 00100" E 23.75 feet along the line described in said Civil Action No. 3448; thence S 020 16102" W 101.57 feet; thence N 84° 14100" 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° 00100" 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 000 54100" E 38.59 feet along the West line of said Adams Tract to the Northwest corner of said Adams Tract; thence S 84' 14100" 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 §39-23-144 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; 9 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' 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' 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 possession 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 B are subject 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, plaintiffs have been the owners of certain real property located at 795 Meadows Road, Aspen, Colorado and more fully 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 0° 43' E. 150 feet to corner number 3; thence S 840 14' E. 214 feet to corner number 4; thence N 0° 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° 00100" E 39.00 feet to the West edge of Meadows Road, a public road." 17. Since 1965, a period of 18 years or more, the plaintiffs have used the driveway under a claim of right openly, visibly, notoriously and adversely to defendants. 18. The use of the driveway by plaintiffs have been continuous and uninterrupted for the above -described period. Plaintiffs have used the driveway twice daily or more since 1965. 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 B and the plaintiffs' property. THIRD CLAIM FOR RELIEF 20. Paragraphs one through nine, and twelve through fifteen are realleged and incorporated herein by this reference. 21. In 1965, one or two months before constructing the driveway, Tom Sardy, representing the Aspen Institute, orally granted the plaintiffs the right of way driveway from plaintiffs' property to Meadows Road over the property then belonging to the Aspen Institute. 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 dkhat is marked Parcel C in Exhibit "A." Z Pitkin Co. Dist. Ct. Case No. 85CV364 According to the boundary line set by that civil action, approximately one third of the northerly section of plaintiffs' tract, as described by paragraph twelve would belong to the successors in interest to the Aspen Institute. 25. In 1954, a survey encompassing the subject property was taken by a surveyor named Teller. A round U.S. brass cap marked "CN 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 1140 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, B and 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, 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 John H. Roberts, Jr. 100 Sandau Suite 302 San Antonio, Texas 78285 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 8 • • Pitkin Co. Dist. Ct. Case No. 85CV364 Mainland Savings Association Mainland Savings Association 3401 Allen Parkway c/o John T. Kelly, Esq. Houston, Texas 77056 117 South Spring Street Aspen, Colorado 81611 sl5:admco831.pl 9 TELEDYNE POST N77582 I I 3 ti o zy III 0--- 235,�f 5 LOT 1 /) J 17 37-1 . FT ini%o // �M 2 / 231.231 1 1 W 21�. ct), I LOT 2 17, &oq '�a. FT, O IC) 20 40 lob A� 100 FEEE T 3GAL..F-: I" = 20' 1'jASI`� Of' 1'SEAfZIN�� U'S.Cy.y. ' I I✓ I Nj 11 Y '' `' J ' 1 �' N • ,,KE �ur�r� t�oN r3� o W L ' , EXtSTt� K _ -- to s rt3 vAr�I N JC 3 �s>= No I � _ I N NON- ✓KCLUSIYE m O DPI /I_W^Y T S IEAR MENT L t�a F�C15T(NCm �' WI)7� CP. I VF.WAY E'P�SEMEt�ii' i I 20' W Ire WATEK i L T _ ,P � 9H I YJ i 0 I� I f I 7% I I al i FOUNT �- KE.f�AT< �' CrW/ I LS. 1�25G, i j I PDrzMEK 40' MOP OP M EAP�)yV'5 90,AI'2 K .O. W. / WESTVIEW LOT SPLIT PLAT— — LEGAL DESCRIPTION A fAKGEL C-f LAND 51TUATED IN L� 3 0, 4 ATHE KJOKTHWE5T,Y ALL IN SECTION fZ, T. 10 `J,,K e4W OF THE &-rH P. M, PiTKIN COUNTY, C0L.0 ARC BEING MOIL£UL L �ESCRIID AS fOLLOWS' nF-Of NNING, AT THE tAOKTHE. ,5-F GOfZNEti OF THE T1�CT iDE.sCr(T3E.D IN PXOOI�, 172 AT PAGE 3lCo PITKIN C-OUNTY izECOl�C�j BEING ir2F- iTICAL WITH THE NORTHWEST COFZNEK Or5AID LOT 4 �`, f�Elf� (IDENTICAL WITH THE NOfCTHEAST C]ORNEfZ OE SAf f7 LOT 3 A 'Nell x I" IRON 5Ap TPF-NCF_ n) 04' 4 E 25 54 FT, THENCE. 5 02° I6'o2n W 14�T.2� FT; THE NGE N 84" W W 231.23 FT To THr SoUTNW1=ST C-0K lEl� O1= SAIT_> TM- CT; THENC✓~ N G27' S1 ' W 150. 00 PT THENCE 5 04° 14' E 2 (4.CD F7" TO THE- POI ICI T OF i'� EG I N N I hIG, 70C =-FHER WITH A 3O FT WIDE. L71Z I vr_ WAY EA5EM ENT. ENGINEER'S APPROVAL TH15 PLAT OF THE WESTVIEW i-OT SPLIT 15 AI'I'ROVETJ 1'jY iJ IE C1 iY EtJGftJEEIZ OF T�.IE, CITY OF ?.SPEN 7� IIS p,�Y of , Igg4, GIT-T' ENC�II�IFE1� PLANNING DIRECTOR APPROVAL O TW15 PLAT CT 7f-1E. WESTVIEW LOT SPLIT" IS APPR0VEt7 >SY THE PLANK)R, > Pl1ZECTOCZ EofZ CIE CITY OF ASPEt�I. Tl-Il�_D?,Y OF I`ig4, PL-ANN(NG DItZELTOIZ CITY COUNCIL APPROVAL T� I(� PLfIT OF TF�1= WESTVIEW Lr�T SPLIT WAS i\f'PIZOV7 D Pam( Tf IE CITY COUKIGIL OF 7Pt- CITY C ASPEN ON TI-E pA� EXECUTED Tl ll t7AY OF t3� MAYS ATTEST: CITY CLEKr-_ OWNERS CERTIFICATE KNOW ALL M E.N l3Y TI-4E SE -T] IAT cTTM ES 5. ftiDAM FLOtZENG AD�MS, A'7 T>:N�ITS IN COMMON, I'�E INCH TF I OWNERS of TH£ F<EAL PICOPEiCTY C7ESCi�iP>EI7 N HEREON 120 +-_EERY 5Uf3- I?IVIDE SAID I ANpS INTO Lcn�5 I 2 UNDt�Ti11 NAME �, STYLE OF WESTVIEW LOT 5F'_(T I7o 4_4EKEI3Y PF-t71CA_F1f- THF- UTILITY EASEMEIJ ,5 SHOWN HF-KECN F'OK f-U5L.1C U , Ji1M�5 �. AtJAMS EL-vlz�.NG1=, nt-DAPnS 57TATi7_ OF COL ,r 7 COUNTY OF PITKIN J 5 THE EDKEGOIf�SC' ! NSTRUMENT WAS �CiGNavVL EG�Et7 P�EOfZE f/1� TNIS DAY P�Y L7fw1E5 5. ADAvfS 4 FLORENGE Mr�MS . I -AO T^r<y PUI:,)LI C, SURVEYOR'S CERTIFICATE I HEZE3Y CE1P.T I FY THAT 7I4l5 f SAT ACGUICATE.LY DEPICTS A SUiZVEY PP I p/Z( /Il=p L*4F2ET"-, I,1y 121KECF SUP VISION ON FEf3 15 , Mq4 OF Tl--IE Ar50/E DE5C1eIF�EI7 KEAL PROf'E.fzTY. iAIP SURVEY WA,5 PEKrc)`W ✓D IN ACC0KPA4-,jCL-_ Yy(TI-I COL oK A, p IZF_VI"EP STATUTF—S, ASPEN TITLE COK!"OK^TION f I7LE POLICY (OKPZR No. WAS U�,Fp IN THE PREP AT(oI.1 CF TNlS f Lf+,T ^LPIWE: SUKVEYS INC. f3Y' PATS JfW1E5 f= KESEj;'_ L'S. 'I 184 CLERK & RECORDER TI Il5 PLAT 1`f WEKEI3Y /kCC-EJ-_rEP FOK FIL II, IN TFIE OFFIGE QE THE PIT<(N CDUNTYCLEJCK 4 1zECOlCi7 A`f 0'GL0C1<, _ M. TH15 p^y OF , IRg_, 0, Fl LEP IN PAT P, LGt)K AT I7i�E. IZECEI'TIc! ND. C LEt�K 0, KL 0RDErz_ JOTICE: According to Colorado law you must commence any legal action based ipoh any detect in this survey within three years after you first discover such defect, n no event may "my action based upon any defect in this survey be commenced none than ten years from the date of the certification shown hereon. Alpine Surveys, Inc. Post Office Box 1730 Surveyed 2 - 15 g4 1�1. L Drafted 2 ZB q4 p.R Revisions 3 .I L14 Title 1--CT- '51 L I T Aspen, uolorado .KM MO 82 - 4l 11 303 925 2688 Client -it-.2-- W i� ujp-.1u,� I + Lot zqs eft,