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HomeMy WebLinkAboutcoa.lu.sm.Gordon.A3-92R CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 1 10 92 DATE COMPLETE' 2 PROJECT NAME Project Addr~ Legal Address PARCEL ID AND CASE NO. 2735-013 07-017 A 3-92 STAFF MEMBER' KJ APPLICANT: Sheldon Gordon Applicant Address: 1310 Montana Ave, Santa Monica, CA 90403 REPRESENTATIVE: Katie McMahon, Garfield & Hecht Representative Address/Phone: 601 East Hvman Avenue Ashen, CO 81611 925-1936 -------------------------------------------------------------- PAID:(YES) NO AMOUNT: 51002 NO. OF COPIES RECEIVED 4/1 TYPE OF APPLICATION: 1 STEP: "rG 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planr}ing Director Approval: ~ ~ Paid: J Insubstantial Amendment or Exemption: Date: REFERRALS: City Attorney Mtn Bell School District City Engineer Parks Dept. Rocky Mtn NatGas Housing Dir. Holy Cross State HwyDept(GW) Aspen Water Fire Marshall State HwyDept(GJ) City Electric Building Inspector Envir.Hlth. Roaring Fork Other Aspen Con.S.D. Energy Center DATE REFERRED: FINAL ROUTING: City Atty Housing INITIALS: DATE ROUTED•_ City Engineer Zoning Other: IAL: _Env. Health FILE STATUS AND LOCATION: u~-~~ C~A~aC~,~'~k~, TO: Bill Drueding, Zoning Officer THRU: Diane Moore, City Planning FROM: Kim Johnson, Planner DATE: January 14, 1992 Directo7~ RE: Gordon Stream Margin Exemption / Insubstantial Amendment to Black Birch Estates Subdivision Plat SUMMARY: Planning staff recommends approval of Stream Margin Exemption for the addition of approximately 186 s.f. of floor area within the area 100' from the high water line of Castle Creek. Staff also recommends approval of an insubstantial amendment to the Black Birch Subdivision to join Lot l0, Black Birch Estates with the 1.043 acre R.O. Anderson parcel. Staff recommends these approvals with conditions. APPLICANT: Sheldon Gordon, represented by Katie McMahon LOCATION: 1100 Black Birch Drive (Lot 10, Black Birch Estates) and the R.O. Anderson parcel adjoining Lot 10 to the south ZONING: R-15 (Lot 10) and C Conservation (R.0. Anderson parcel) APPLICANT'S REQUEST: The applicant seeks insubstantial plat amendment to join Lot 10 to his newly purchased parcel. He then requests exemption from full stream margin review in order to add approximately 2,000 s.f. onto his existing residence. Roughly 186 s.f. of the proposed floor area is within the area that is 100' from the high water line of Castle Creek. Please see Attachment "A" for the proposed plat and development plan indicating the new building footprint. ENGINEERING REFERRAL COMMENT: Rob Thomson forwarded the following comments. This property went under an extensive stream margin review last spring. Staff has no additional concerns with the current proposed development. Staff does recommend that the same conditions that were given in the previous stream margin review apply for this application. The conditions are: 1. The applicant must make a statement on the permit set of drawings indicating there will be no disturbance of vegetation between the building envelope and the river. 2. The applicant is required to plant any regraded area inside the building envelope with plant species keeping with the Roaring Fork Greenway Plan as well as existing plants in the area. 3. The applicant is requested to grant a fisherman's easement in the river or stream and for a width of five feet along the bank. 4. A construction site drainage plan and procedure must be submitted for engineering department approval prior to the issuance of an demolition, excavation or building permit. The construction procedures employed must be such that no runoff from rain or snowmelt be permitted to drain to the river from contact with disturbed earth. The construction procedure used will in no way impact the stream. 5. Given the continuous problems of unapproved work and development in the public rights-of-way, staff would like the following condition of approval: The applicant shall consult city engineering (920-5080) for design considerations of development within public rights- of-way and shall obtain permits for any work or development within public rights-of-way from city streets department (920- 5130). STAFF COMMENTS: Pursuant to Section 7-1006 A. the Planning Director may approve an amendment to an approved plat for "any minor change to a plat which the planning director finds has no effect on the conditions and representations limiting the approved plat." During recent discussions, Planning staff has concluded that the joining of Lot 10, Black Birch Estates with the 1.043 acre R.O. Anderson parcel does not change the conditions or representations of the existing Black Birch Estates Plat. The resulting lot size will be consistent with many of the lots in the subdivision. No additional density will result from the plat amendment. However, the City Council is preparing to close on the purchase of the +/- 25 acres of conservation land along Castle Creek and the Roaring Fork River. Of upmost concern is the blanket access easement across this conservation property for the benefit of the R.O. Anderson lot. Until this easement is abandoned, the City will not finalize the purchase. Planning staff conditions the replat approval with the legal dissolution of this easement. The nearest portion of the proposed addition will be approximately 90 feet from the high water line of Castle Creek. Exemption from full Stream Margin review is possible when the following standards are met: 1. The development does not add more than ten (10) percent to the floor area of the existing structure or increase the amount of building area exempt from floor area calculations by more than twenty-five (25) percent. RESPONSE: The floor area of the existing structure is about 4,820 s.f. Ten percent of the existing residence FAR is about 482 s.f. The development to take place within the area 100' from the high water line is approximately 186 s.f. This meets this criteria. 2. The development doe not require the removal of any tree for which a permit would be required pursuant to section 13-76 or the applicant receives a permit pursuant to said subsection. RESPONSE: The project architect states that no tree removals will be required within the 100' area from the river. However, the applicant commits to processing any required permits in the event that development does affect applicable trees. 3. The development is located such that no portion of the expansion, remodeling or reconstruction will be any closer to the high water line than the existing development. RESPONSE: The proposed addition is about 60' farther from the river than the existing house. 4. The development does not fall outside of an approved building envelope, if one has been designated through a prior review. RESPONSE: No building envelopes have been established on either the R.O. Anderson parcel or Lot 10, Black Birch Estates. 5. The development is located completely outside of the special flood hazard area and more than one hundred (100) feet measured horizontally, from the high water line of the Roaring Fork River and its tributary streams or the expansion, remodeling,or reconstruction will cause no increase to the amount of ground coverage of structures within the special flood hazard area. RESPONSE: The proposed development will not increase area of structure within the Castle Creek floodway and floodplain. STAFF RECOMMENDATION: Staff recommends approval of the First Amendment to the Plat of Black Birch Estates as an insubstantial plat amendment and stream margin exemption for the Gordon residence expansion with the following conditions: 1. Prior to the Planning Director signing the First Amendment to the Plat of Black Birch Estates, the access easement across the conservation land to be purchased by the City must be legally abandoned to the satisfaction of the City Attorney. 2. The applicant must make a statement on the permit set of drawings, indicating there will be no disturbance of vegetation between the building envelope and the river. 3 3. The applicant is required to plant any regraded area inside the building envelope with species keeping with the Roaring Fork Greenway Plan as well as existing plants in the area. 4. The applicant is requested to grant a fisherman's easement in the river or stream and for a width of five feet along the bank. 5. A construction site drainage plan and procedure must be submitted for engineering department approval prior to the issuance of an demolition, excavation or building permit. The construction procedures employed must be such that no runoff from rain or snowmelt be permitted to drain to the river from contact with disturbed earth. The construction procedure used will in no way impact the stream. 6. The applicant shall consult city engineering (920-5080) for design considerations of development within public rights-of-way and shall obtain permits for any work or development within public rights-of-way from city streets department (920-5130). I hereby approve the Gordon Stream Margin Exemption for approximately 186 square foot addition within the area 100' from the high water line of Castle Creek. I also approve the First Amendment to the Plat of Black Birch Estates as an insubstantial plat amendment, adding 1.043 acres to the southern boundary of the subdivision to be joined to Lot 10 of Black Birch. The above conditions apply to these approvals. Diane Planning Director Da e Attachment "A" - Proposed Building Envelope and Amended Plat jtkvj/gordon.dirmemo 4 -.--.. ~~P ~ ~ -- -- ------_~ . l.n ~/ ~~~ ~~ ~ ~ ~' ~ ~ ~, ~` - \ ., ~ o, . Y. ~: r. ~ ~. :' ~~ ~• i `~ f' r :i.: •'i ,, ~~.. o ~~ U i c ~ /O // I .. ~. ~ ~ ~, \ ,~ ~, ~ ~ --- N ~~~ ~ ': ,~; /~' ., ~ -- .{ ~ ~~ ~ ~~~`~ ~ ~~ o d ~ ~~ ~ ` ~ `~ _ ~~ _... ti 1 .lam ~ _ ~\ II \ r ~\ ~~~~ / _. ~ ~ ~~- .,1~ ~ . .. ~ N / /O ~ ~ ~ ~ ./ ~ ~ ,~ r -~~ ~- _` .~-- ~-- . RONALD GARFIELD" ANDREW V. HECHT** ROBERT E. KENDIG MICHAEL I. HERRON**r JANE ELLEN HAMILTON CATHERINE H. McMAHON*"** •a Ma aamivea ro New tiork Bar ^al ur adminea ro Disrtin of Cnlum~ia Bar •alw adminea m •• Florida Bar ^alm admired m Illinms Bar HAND DELIVERY January 24, 1992 Edward M. Caswall, City Attorney Diane Moore, City Planning Director 130 South Galena Aspen, CO 81611 Re: Sheldon M. Gordon Release and puit Claim Deed Dear Jed and Diane: The enclosed Release and Quit Claim Deed by which Sheldon Gordon releases all right, title and interest in and to the easement with respect to the ROA Parcel is delivered to the City of Aspen subject to the following: 1. That the representation by the Planning Director and the City of Aspen that no variance approval by the City of Aspen Board of Adjustment is required in order for Mr. Gordon to build the proposed addition to his residence within the setbacks as proposed is correct, by reason of the second sentence of Section 5-508(B)(1) of the Code; 2. That the City of Aspen and the Planning Director have the requisite authority to make the foregoing representation; 3. That an Insubstantial Plat Amendment for Black Birch Estates and a Stream Margin Exemption for Mr. Cordon's proposed addition to his home located on Lot 10, Black Birch Estates, has been approved by the Planning Director, and that no other approvals are required by the City prior to Mr. Gordon submitting plans for a building permit based upon the floor plan and FAR calculations reviewed by Bill Drueding, of the Aspen/Pitkin Zoning Department, a copy of which is attached hereto and has also been signed off by \^~y\'~.~jyan employee of the City of Aspen who has the authority to sign such ,t'\ ~~ plans and bind the City to issue a building permit if drawings ~a \\~' submitted by Mr. Cordon's architect are substantially similar to !r,, those attached hereto,; and ~v uravi~(~ ~l~l~u,~ ~~~~ C~U~c~l~~~~i~~r'~rt C'~ii~=vnpl~~~u iht ~G~'ti lF~l~i' i5 Si(lr~F~( ~~/ ~ ~r~y it1~;4w~~Vt~Vl~ a'~~~~~~dur)Eut~ ,~ ~~ ~~er~ l'Y)ur~i~;p~J ~' ~~~/~eu/~/ ~ ~elo~~,~~~ ~11~~-~ mayrPC~i~ ~e~wee~~~6~c C(~~ ~~i~~ahca~ ~~~c~ ~fZu dad ,~~;155u~~~~u ~~ ~ G~~~I~ld ~ v~y ~~~~fz~~f ti-' .as ~Aff$1F~~1L~ ~e i~~~il~~~, ~,~. ATTORNEYS A"! LAVr' TELEPHONE VICTORIAN SQUARE BUILDING (303) 925-1936 G01 EAST HYMAN AVENUE TELECOPIER (303) 925-3008 ASPEN. COLORADO 81611 r~ ., r GARFIELD & f~EGHT, P.G. Edward M. Caswall January 24, 1992 Page 2 ,.. ./ 4. That the Planning Director has the requisite authority to grant the foregoing approvals under the Land use Code. The delivery of the Release. and Quit Claim Deed is also subject to our understanding that Floor Area Calculations with respect to Mr. Cordon's property are based on the following: (1) that both Mr. Cordon's existing Lot 10 and the area represented by the ROA Parcel will be aggregated for FAR calculations; (2) that the total land under water has been calculated based upon the R-15 Zone and the aggregated lot area of Mr. Cordon's property, and that the surveyor's analysis of the portion of Mr. Cordon's property that lies underwater is correct, and (3) that garage areas lying completely below grade will be completely excluded from FAR and any areas of garage above grade will only be counted in FAR if they exceed the 500 square foot FAR exemption for garages. Please indicate your agreement to the foregoing conditions by signing where indicated below on the enclosed copy of this letter. Sincerely yours, GA~R~F~IELD &/~~HDE~C'HT, P.C. ~„f'1 A~ 0 4~~~[. Ja~ne~YEl~len Hamilton AGREED TO BY: Edward M. Caswall, City Attorney -~~ y1~ Di~n~te Moore, City Planning Director CHM/cm Enclosures ;,_: RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: Jane Ellen Hamilton, Esq. Garfield & Hecht, P.C. 601 East Hyman Avenue Aspen, Co. 81611 RELEA6E AND OUZT CLAIM DEED ~~ Sheldon M. Gordon ("Assignor") for TEN DOLLARS ($10.00) and other good and valuable consideration, in hand paid, hereby sells, conveys and quit claims without warranty of any kind, to the City of Aspen, Colorado, whose address is 130 South Galena Street, Aspen, Colorado 81611, all of Assignor's right, title and interest in and to the real property legally described on Exhibit A attached hereto and incorporated by this reference. In addition, Assignor releases and quit claims to the City of Aspen, Colorado all of Assignor's right, title and interest in and to the easement described in that certain "Agreement RE Access to ROA Parcel" dated June 19, 1980, and recorded in Book 434 at Page 102, t`:e benefits of which Agreement were conveyed to Assignor by that certain "Assignment of Agreement Re Access to ROA Parcel" recorded in Book at Page ba3 of the records of the Clerk and Recorder of Pitkin County, Colorado, with all its appurtenances. SIGNED this ~ day of ,JaV1 iat'IJ , 1992. ~~ r~ don M. STATE OF COLORADO ~y~ j s s COUNTY OF f LTKZN ) The forego'ng Quit Claim Deed was acknowledged before me this ,3-~- day of 1992 by Sheldon M. Gordon. . WITNESS my hand and official seal. ;;;~~~ L9~al~'=.; My commission expires: ~~'(~~'q`J • : tJ 0 _ ~,,,, Y ~: 5~~~ :. :o: arF.,.;:'._, ~Os ~ Notary ublic oF~co . jeh\re\gordon.gcd " EXHIBIT "A" `. >e.,. .. The Aspen Meadows hhCAL [)FSCRIPTION A uad of land located within portions of the North 1/2 of Section 12, and the South Irl Sedlon 1, 'y'uwnship 10 South, Range RS West of the 6th Prindple Meridian, Pitkin Ctrunty, State of Cnlnndo tieing moo particularly drscribed as follows: licginning at the center north 1/16 comer of said Section IZ, described as such nn the "Plat of the Aspen Meailmvs Subdivision Exception" and being a found in place 3B z 1 Inch steel bat. 'fl~rttce N R4" 14' (10" W, along the north line of Ben Deane Lot Split Subdivision and Cactle Crock Subdivision, 797.62 feet to the ea.terly line of Red Butte Cemetery; Thence along the cactcrly boundary of said Red Butte Cemetery, the following nine (9) courses: I) N iT 40' 15" E, 84.75 Ceet; 2) Thence N 13' 01' 35" W, 65.00 Ceet; 3) Thence N 11' 33' 10" E, 96.62 feet; 4) Thence N 1' S0' 20" E, 114.04 feet; S) Thence N 14' 30' ZS" W, 64.31 Feet; 6) Thence N 4.08' 3U" W, 286.13 feet; 7) Thence N 21' 28' S0" W, 17156 Ceet; R) Thence N 16' 21' 15" E, 305.82 Ret; 9) Thence N 1" 02' 20" W, 33.38 Ceeh 'ilu•ncc N RR° 35' 15" E, 392.52 feet; Tltencc N S° 30' 00" P., 38.99 feet; 'iLcncc N 7" (16' 1R" W, 14.77 feet to the snutheact comer of Lot 10, Back Birch Estates. 'ptcnce along the easterly boundary of said Black Birch Estates, the following four (4) courses: i) N 29° S4' 00" W, 199.72 Ceet; 2) 7ltcnce N 14' 17' 00" W, 119.61 feet; ,3) Thence N IS' 03' 00" E, R4Z4 feet; 4) Thence N 52' 19' (10" E, 57.18 Feet to the center line intersection of the Roaring Fork River and C.lttle Crcek; Thence mutheaaterly appmzimately 3000 feet along the centerline of the Roaring Fork River, being described by the following seventeen (17) courses for the purpose of acreage caictlatiotu only, and is not intended for the establishment of boundary lines: 1} Thence S 40. 10' I2" E, 126.35 Eeet; 2) Thence S 64. 1R' 32" E, 131.86 Feet; 3) Thence S R2' 09' S2" E, 3R4JG feet; 4) Thence S 50' S4' S4" E, 92.62 feet; 5) Thence S IT 30' 46" E, 203.!,5 feet; 6) Thence S 19.45' OR" W, 250.14 feet; 7) Thence S 10' 22' QO" W, 192.51 feet; R) Thence S 44. 55' O1" E, 11952 feet; 9) Thence S R2' 30' 4fi" E, ZC9.67 feet; Itt) Thence N 76" 46' OR" E, 141.40 feet; 11) Thence S 84' OR' 11" E, 120.42 Ceet; IZ) Tftcnce S 51' 11' 12" E, 217.42 feet; 13) Thence S 70° 55' 07" E, 239.71 Ceet; 14) Thence S 35° .54' 3R" E, 162.80 feet; 15) Thence S 9" U6' 17" W, 129.26 feet; I fi) Thence S 41' 26' Z7" E, 11537 feet; 17) Thence S 76" 13' 42" E, 102.93 fed to a fx~int nn the westerly boundary line of Lot IA Second Aspen Company Subdivision; • ,,.., . . °,,, ..~ 'i'I+cnce along the westerly houndary of said Second Aspen Company Sulxlivisian, the Collowing Iwo (Z) crnrrsat: 1) S 0" 2T 00" L•, 470.00 (eet; 2) l'hcnce S LG" 35' 00" E, 723.9E (eet to a point along the north right-of-way of Gillespie Avenue; Tlccuce N R9" SR' IS" W along the nnrtlt right-af--way of said Gillespie Avenue, RG9.13 feet to the avert right-of-way of Sixth Street; Tl+ence along the west right-of-way of said Sixth Street S (P 12' 00" 1~ 199.71 feet to a point along the north right-af--way of North Street; Thence along the north right-of--way of said North Street N 75" 12' (!(1" W, ZG9.G7 feet; Tl+ence S 14.47 30" W, 9.t',C, feet to a point on the A.cpen Townehip Line 5-G; Tlu•nre N 65" 30' (KI" W along said Aspen Toavnsltip line, 4RR.R0 feet to a point along the east right-of--way of the original Meadows Road; Thence along said east right-nF-avay of said Meadows Road the following five (5) eaursa: 1) N 0' S4' 00" W, 40(1.71 Ceet; 2) Thence N 65' 21' 00" W, 6.72 feet; 3) Thence N 0" 54' 0(1" W, 19.12 feet; 4) Thence along the arc of a curve to the right, having a radius u( 1403.O`) feet, a central angle nC R• 33' 12" Cnr an arc length of 209.46 Ccet, and wlu~ce chord hears N 3" ZZ' 3G" E, 209.26 Ceet; 5) Ttrence N T 39' 12" F" 296.47 feet; ~1:ence N R4" 14' 00" W, 84.21 feet to the Tnre Point of lleginning and rnntaining !(4536 acres mare or less. 1 Grand Avenue, Suite 2-E enwood Springs, Colorado 81801 (303) 94rr1004 (303) 925&727 Fax (30319453948 January 24, 1992 .NW 2 71992 Diane Moore City of Aspen Planning Department 130 South Galena Aspen, CO 81611 RE: Gordon/Anderson Plat Revision Deaz Diane: The azea of Lot 10, Black Birch Estates under water is 3905 square feet. The azea under water of the Anderson Pazcel immediately south of Lot 10 is 327 squaze feet. Please call if you have any questions. Sincerely, SCHMUESER GORDON MEYER, INC. ~~ rICen Wilson, P.L.S. Survey Manager KWac/91172 (N ,.r_ a <..,~ MEMORANDUM To: Kim Johnson, Planning Office From: Rob Thomson, Project Engineer~~ Date: January 14, 1992 Re: Sheldon Gordon Stream Margin Exemption and Insubstantial Plat Amendment Having reviewed the above application, the engineering Department has the following comments: 1. This property went under an extensive stream margin review last spring. Staff has no additional concerns with the current proposed development. Staff does recommend that the same conditions that were given in the previous stream margin review apply for this application. The conditions are: a. The applicant must make a statement on the permit set of drawings, indicating there will be no disturbance of vegetation between the building envelope and the river. b. The applicant is required to plant any regraded area inside the building envelope with species keeping with the Roaring Fork Greenway Plan as well as existing plants in the area. c. The applicant is requested to grant a fisherman's easement for the river or stream and for a width of five feet along the bank. d. A construction site drainage plan and procedure must be submitted for engineering department approval prior to the issuance of an demolition, excavation or building permit. The construction procedures employed must be such that no runoff from rain or snowmelt be permitted to drain to the river from contact with disturbed earth. The construction procedure used will in no way impact the stream. 6. Given the continuous problems of unapproved work and development in the public rights-of-way, staff would like the following condition of approval: r., 4 > ..«/ The applicant shall consult city engineering (920-5080) for design considerations of development within public rights- of-way and shall obtain permits for any work or development within public rights-of-way from city streets department (920-5130). cc: Chuck Roth, City Engineer rt/caseload92.002 MESSAGE DiSPLAy TO Amy Margerum CC Kim Johnson CC Tom Baker From: Jed Caswall Fostmark: May 18,90 6:24 PM Status: Previously read Subject: Reply to: ~ea~ervation se~ents ----------------------------------------------------- Reply text: From Jed Caswall: My reading of the Code provisions applicable to this issue(i.e., definition of "lot area"), and the state statute defining the nature of a conservation easement(C.R.S. Section 38-30.5-102), indicates that no violence would be done to the letter or spirit of the City's land use regulations by including the area within a conservation easement in calculating FAR. This is so because a conservation easement can be construed as an above surface easement, e.g., limitation on airspace usage as well as surface usage. Preceding message: From Amy Margerum: Can you research how we have handled conservation easements in the past in terms of calulating FAR. As you are aware, this came up at City Council last night. The question is: Do we penalize applicants on FAR if they agree to dedicate a conservation easement? My understanding is that we do not, but would like for you to look into it. Please see me if questions/comments. I would like to report back to CC on the 29th....Thanks! ----------=====X=====___------- ,.-, A'LTACIIMINP 1 '<. ,1ND i1SE AI'1'IICI~PION FC7Id~f ~~ 1) Project Name Sheldon Gordon Stream Margin Exemption and Insubstantial Plat Amendment 2) PLOject Ivcation 1100 Black B;,-~h n,-;. and R 0 Anderson tract Lot 10, Black Birch Estates and property described in Exhibit B attached hereto (indicate street address, lot & block number, legal description where appropriate) 3) Present Zoning R-15 and C 4) Iot Size 65,614 sq. ft. .~i) Applicant's Name, Address &.Pfione ~ Sheldon M. Gordon, 1310 Montana Avenue Santa Monica aliforn;a 9040 6) Representative's Name, a-'-'^^^^ & Fhone ~ _Catherine H. McMahon Garfield & Hecht, R.C., 601 E. Human Avenue Aspen Colorado 81611 (303) 925-1936 7) Type of Application (please Bieck all that apply); _ Conditional use ooa~cept„ai SPA ~t~,-11 Historic Dev. Special Review Final SPA Final Historic Dev. _ 8040 G7eenllne Oonoeptnal glp Ni.nor IIistoric Dev. X Stream Marclln Final PUD - historic D®olition _ Nicxmtain View Plane - Subdivision historic Designatiaa~ Insubstantial Plat - Condcminiumization X ~ A,n,i~„~- ~ Allatm~t - Iot Split/Iat Line - .~ ~~~ Adjustment 8) Description of Fxicl-im Uses (Itmber affi type of approximate sq. ft. ; nm~ber of bedrnoms, ~~~ ~; p~tY)- any Previous approvals granted to the Single family residence of approximately 4,764 square feet and containing five (5) bedrooms 9) Description of Development Application Insubstantial plat amendment for Black Birch Estates adding the R. 0. Anderson tract consisting of approximately 1.043 acres to Lot 10, the western portion of which expanded Lot 10 shall be subject to an easement grante to t e ac Birch Estates Homeowners' Association for use as open space, and Stream Margin exemption for proposed 2000 square foot addition to existing single ami y rest ence 10) Have you attadla3 the following? X Responve to Att<ldmwstt 2, p4inimim Slitmiscipn Cl~(ItPllts X to Attar3,vwn1- oa-,.; .-..• 3, Spec].f1C -""... _-~1Q1 QO[Ite71t.S X I2espan,e to Attadmrnt 4, Review Standard., for Your Applicatioa~ //~/i ~/ CITY OF ASPEN PO4RE-APP`LIfCATION CONFERENCE S A/JRY PROJECT: ~`~ -~"`~ ~QiLA.~~//~ /~~,~~ ~~ APPLICANT'S REPRESENTATIVE: ~ GCd'1%t~ .~~n,~...~Gtn. v REPRESENTATIVE'S~~PH//ONC~E: Ste' 1~3~0 OWNER'S NAME • ~h2f~ ~'L-~ ~....ur.~., 1. Type of Application: o~t-uvi1 2. Describe action/type of development being requested: ~ S~ ~~ta ~~ ~G?c• acv. 3. Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agent Comments 4. Review is: ( &Z On y) (CC Only) (P&Z then to CC) 5. Public Hearing: (YES) (NO 6. Number of copies of the application to be submitted: 7. What fee was applicant requested to submit: 7a0 f '~ - TD 8. Anticipated date of submission: ~~ ~ ~? ~ 2'/ COMMENTS/UNIQUE CON ERNS: Jam' i frm.pre_app ~~~ lz~i~ ~- l~~- ~l ll~~lllleLe® 6X llll~~llll ll y ll e V e RONALD GARFIELD* ATTORNEYS AT LAW TELEPHONE ANDREW V. HECHT** VICTORIAN SQUARE BUILDING (303) 925-1936 ROBERT E. KENDIG TELECOPIER MICHAEL J. HERRON*** 601 EAST HYMAN AVENUE (303) 925-3008 ASPEN, COLORADO 81611 JANE ELLEN HAMILTON CATHERINE H. McMAHON**** •also aamnred ro New York Bar '•alt0 admill¢d 10 Distrkr of Columbia Bar •••alm adminedm January 10, 1992 Florida Bar ^also admined ~o Illinois Bar Aspen/Pitkin County Planning Office 130 South Galena Aspen, Colorado 81611 Attention: Kim Johnson Re: Sheldon Gordon Development Application for Insubstantial Plat Amendment and Stream Margin Review Dear Kim: We represent Sheldon M. Gordon in connection with the above- referenced application. His letter of authorization is attached hereto as Exhibit A. The street address and legal description of the subject property is attached hereto as Exhibit B, and the deeds vesting ownership in the Applicant are attached hereto as Exhibit C. The vicinity map showing the location of the project site is attached hereto as Exhibit D and the preapplication conference summary is attached hereto as Exhibit E. Submitted herewith are four copies of the Application, together with a check in the amount of $870.00 in payment of the requisite application fee. INSUBSTANTIAL PLAT AMENDMENT The Applicant has recently purchased the R. O. Anderson Tract adjacent to and southwest of Lot 10, Black Birch Estates. The tract consists of approximately 1.043 acres, the eastern portion of which the Applicant proposes to develop with an approximate 2,000 square foot addition to his existing 4,764 square foot (FAR) single family residence. The Applicant will be subjecting the western portion of the tract to an open space easement granted to the Black Birch Estates Homeowners' Association. A copy of the preliminary First Amendment to the Plat of Black Birch Estates is submitted herewith; the final draft will be submitted early next week upon our receipt of it from the surveyor. One hundred percent (100$) of the eighteen (18) Black Birch Estates lot owners have orally agreed to the plat amendment as \ l GARFIELD & HEGHT, P.G. Kim Johnson January 10, 1992 Page 2 proposed by the Applicant. An amendment to the Protective Covenants for Black Birch Estates by written consent of eighty percent (80$) of record lot owners will be required to amend the prohibition against a change in the lot boundaries, and the Applicant is presently working with the Homeowners' Association to effect such an amendment, which will be recorded prior to the recording of the amendment to the plat. Accordingly, the insubstantial plat amendment should be approved by the Planning Director upon presentation of the requisite written consents of the Black Birch Homeowners. STREAM MARGIN EXEMPTION The proposed development plan depicting the property boundaries, the existing and proposed development, the 100 year flood plain line and high water line, and the existing and proposed grades is submitted herewith. The plan demonstrates that the proposed development qualifies for an exemption from stream margin review. First, the development that falls within 100 feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, or within the 100 year flood plain where it extends beyond 100 feet of the Roaring Fork River and its tributary streams, does not exceed ten percent (10~) of the floor area of the existing structure. The floor area of the existing structure is 4764 square feet (FAR as calculated in accordance with the Code), ten percent (10$) of which is 476.4 square feet. Only a very small portion of the proposed development, 186 square feet, falls within the 100 foot line. Second, according to the Applicant's architect, that portion of the development falling within the 100 foot line does not require the removal of any tree for which a permit is required under the Land Use Code. (In the unlikely event that the development does require the removal of a tree for which a permit is required, the Applicant will obtain the necessary permit and will either relocate the removed tree or replace it with a species acceptable to the Parks Department.) Third, no portion of the proposed development falling within the 100 foot line is located any closer to the high water line than is the existing structure; rather it is farther from the high water line than the existing structure. Fourth, the development does not fall outside of any approved building envelope. Fifth, the proposed development will cause no increase to the amount of ground coverage of structure within a flood hazard area. GARFIELD s~ NEGHT, P.G. Kim Johnson January 10, 1992 Page 3 Since the Applicant's proposed addition meets all five standards for exemption from stream margin review, the exemption should be approved by the Planning Director. Respectfully submitted, GARFIELD & HECHT, P.C. Catherine H. McMahon, Attorney for Applicant CHM/bc Enclosures January ~, 1992 Aspen/Pitkin County Planning Office 130 South Galena, 3rd Floor Aspen, Colorado 81611 Attention: Kim Johnson Re: Sheldon Gordon Development Application for Insubstantial Plat Amendment and Stream Marqin Review Dear Ms. Johnson: This is to authorize the following representatives to act on behalf of the undersigned Applicant in connection with the above- referenced application: Jane Ellen Hamilton and Catherine H. McMahon Garfield & Hecht, P.C. 601 E. Hyman Avenue Aspen, Colorado 81611 (303) 925-1936 The Applicant's name and address is: Sheldon M. Gordon 1310 Montana Avenue Santa Monica, California 90403 (213) 458-5678 Sincerely yours, ~~ i J ne Ellen Hamilton, ttorney-in-fact for Sheldon M. Gordon JEH/bc ,~,. .~-, ... LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that I, Sheldon M. Gordon of 1310 Montana Avenue, Santa Monica, CA 90403 do hereby make, constitute and appoint Andrew V. Hecht and Jane Ellen Hamilton of Garfield & Hecht, P.C., 601 E. Hyman Ave., Aspen, Co., 81611., either of whom may act alone, my true and lawful attorney-in-fact for me and in my name, place and stead and on my behalf, and for my use and benefit, to do any or all of the following: 1. FOR AND ON MY BEHALF to contract, grant, exchange, sell, trade, bargain, warrant, assign, quit claim, set-over, convey, transfer, deed or otherwise dispose of all or any part of my interest in the following described real estate: all right title and interest in and to that certain "Agreement RE Access to ROA Parcel" dated June 19, 1980 and recorded October 15, 1982 in Book 434 at Page 102 of the records of the Clerk and Recorder of Pitkin County, Colorado as assigned to me by that certain "Assignment of Agreement Re Access to ROA Parcel" recorded , 1991 in Book at Page of the records of the Clerk and Recorder of Pitkin County, Colorado together with any appurtenances thereto and any rights, titles or interests therein, together with any fixtures or personalty incidental thereto or used in connection therewith. 2. FOR AND ON MY BEHALF to make, enter into and execute all contracts, agreements, instruments, assignments and the like, and in my name, and in any capacity mentioned above, to make, execute, sign, seal, acknowledge and deliver good and sufficient deeds, bills of sale and other conveyances for said real property, either with or without covenants and warranty, whether special, general or otherwise. 3. FOR AND ON MY BEHALF to do or perform any other such acts as may be necessary, incidental or proper to sell all or any part of the such real property. 4. FOR AND ON MY BEHALF to submit any land use applications affecting the real property which I now, or hereafter may own in Pitkin County, Colorado and/or in the City of Aspen, Colorado, including, but not limited to, applications for plat amendments, building permits, and stream margin review; agreements with the City of Aspen, Colorado, affecting or related to such real property as may be owned by me within the City of Aspen and to do or perform any such acts or enter into any such agreements, instruments and the like in my name as may be necessary, incidental or proper to secure land use approvals from the City of Aspen. ,.. ,-,. 5. THE UNDERSIGNED HEREBY GRANTS TO Andrew V. Hecht and Jane Ellen Hamilton, either of whom may act alone, full power and authority to do, take, and perform all and every act and thing whatsoever requisite, proper or necessary to be done in the exercise of any of the rights and powers herein granted as fully to all intents and purposes as I might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that my attorney-in-fact, Andrew V. Hecht and Jane Ellen Hamilton, either of whom may act alone, shall lawfully do or cause to be done by virtue of these powers and the rights herein granted. 6. THE RIGHTS, POWERS AND AUTHORITY of my attorney-in- fact shall commence and be in full force and effect on the date of execution hereof and all such rights, powers, and authority shall remain in full force and effect thereafter until revoked in writing by me. DATED this .3,-~ day of STATE OF C DLD~ ss COUNTY OF {~ IT I ~l ) The foregoing instrument was acknowledged before me this J~ day of Ta NuiIJ 1992 by Sheldon M. Gordon. WITNESS my hand and official seal. My commission expires: ., C , ...c. ~ ,'~',p~ o'~~c~o ;, •., .~ o ol• 07• RZ Notar ublic~ p jeh\poa\eordon -2- E%HZBIT B Street Address• 1100 Black Birch Drive and R. O. Anderson Tract Aspen, Colorado 81611 Leoal Description Lot 10, Black Birch Estates and R. O. Anderson Tract description attached rM ,~ A treat: p! Jand in the 9'1/2 8E 1/4 9W 1/4 of Section 1, Townshig 20 9auth.,Range 85 Weat, 6th P.M., dexcribed a$ ,~p110N$1 8eginn3rry at the 3outhweat corner of the NW !/4 oP the NL^ 1/4 0l' Section 1.2, Township 20 South, Range 05 hest at the 6th Principal Meridian, whioh point is s brass cep in place marked O.S. Cadastral Survey 1/14 Car. 19Sdr thence N. 83'dagraea 00 minutes W. 064.19 fret) to the foot o.f thv blut.! 6elaw Red Butte Cemateryl thenca.alon9 the foot at khe bluff below Red Butt:r Cemetory) thenras along the toot: of said bluff the following cat7.Caes.end~distartcar~ N. !7 degreea 40 minutes !5 aecarrds R. 100.35 ,feet; thence N. 13 degrees O1 minutes ,35 seoanda W. 63.00, fadtl thence N. 11 degrees 33 minutes 10 . sreaanda ir. 96.62 taut; thence N. 1 drgreas 50 minuten ZU aeaondY E. 119.04 teotl th8nae N, 14 degreea 30 minutes .?5 •eaconda W. 64.31 feet; theme N. 3 degreea 08 minutea 30 aeaanda W. 268.19 fasts thence N. 21 degree: ,18 minutes 5U ~oaonda W. 1y1.56 feet; thence N. 16 degrees 31 minutos !5 reoonds E. 305.92 teat; thence N. 1 dec3raes 02 minuteu 2R ~eaaonde W. 53.05 toot to d point an the South line 'at section 1, T. 10 9., R. B5 W., 6th P.F1., whioh is the true patnC of beginning; thence westerly a1on9 the south 13na l:3.61.feet~ thrnoe N. 9 degreea 00 minutaa~ H.'116.63 .feet! Chence 3. ,02 drgrera 52 minutor iD. 50,2.52 feat to the center of Castle Crnrk; thenar in a gouthearterly direatian along the oenter of Castle Creek a diatanae of apprazimately 100 feet to a point where the said canter o! Cnatla Creek internaats the south line of xaid 9eatian 3, thence westerly along the said south ]ins of 5eotion 1 tour hundred feet mar4 or Iola to the true point of beginning. County~aP 1'3tkin, State oi' CoIorado _e..., SRN ~~ .~ ~.... '9~ 17~ 2(3 PITKIN COUNTY TITLE RRF+HHF1RHaRRH P. lit • ~~ ~r1`. 1 boiWr`4. ..r ....-....: Mwwlw. lr.. ekrrw~..,...~ ~...s Y+ce ~-...4 ._~ d"" ~~~ ~ .t ~. a' ~t~l- I'.^ ~ wAwttxrv assn ~, 2 7 9 6 1 b ~ ~~ ~ is ~ ~%'' T li ,.«... : ., Patki.. v` t " ~ ~ LORETTk dRNNER ~ r~kue a3h-rs S1a C.9ywan Avenue, AaPa•n, fo 81611 HeTRIN CT[, RECORDER ' o : ~ ~_ u. cPwny nr elcksu . Sir: d .fa II 2 b PN 76 '. ~. a ~~ col0[ad0 kr drfnn.ilknikwd 1 ,~~ ~ r, ~ Timex RnROeaa tuRTT ttio Teausrru elcxx Nuxnplp sRVExttt- ,~ `~ PITC ARO 77/108---~+.~...-~.~1~. w hW prd. Yoehy idMri ~ . ~`, eer f.yMCyeub SUeldan M. COtdon . ! s~ ~ 1 J ~~~ ~ ,,,~y .liar a:e,t adJesi r 11611 Stv. Virwuce llwt.. luitt 515. tea Aalnins u 90019 F 1. ~ > ~ ' , t' a ~ ~ C°~1'a3 . rd Ar:d , C+11eOnL ~~~~ , ' ~: 1 ~ . di[ Mpir.i ie~al peippiy a re Cnwy d Pitkiu , std Are d. , ~ *~ ~.:: CtlkradO,b~! 2 $ -`~ ,~. let 10. /lack liteh Gftetxs ~ ` ~, ,. ~ .ry. y.~ _ ii l '`.:Ii'•~C. ~ittAttx(r/tttY .Y f ~ W.,; ~ __ i t i~ 1': .~. ~ T ~~ i ` 3 ,, v{y' ~.aY.Raaunbrfteaadiuwpera 1100 R, l:ankpl[eb toed, 4Wn. 17D 11611 ~ ' •Iri1R lr nf/ nrlarfl iiiC tilde b dlt.aillt, iagxf b ~ ,'. i r~ + K ~d l I ¢,,xa~+ 1 AOKd Niia 9[h de7d Ju17 .19 86 i _. . ,. r J ~ . C ~' bn,. r:.} r - lTi ~~ R.tOarerkst h~ c[ .r '~ ~~'h' W .E . STATE UP OOt.ORAOO:' P r.- t ~~ ~ ~I UwRyM !'itkla ~ ~ ~ i ~ ~ t b+bsiReal ~ extiiaitkdµd Nets[ ties cliff 9ek der d Ju17 .19E6 i r7 ~tlm R. ea.p.k.t lsosldaet oL -1Ck1R Cooat7 lank i Tswe ta.pt~ a>~ . h Y ` ! lyasrMrexpa,. ~ ~' ' ~.; t li ~ ii . i a 4' )~ f' i~. ,~ ~ 1 ., i ' r ~ l~ stilt . v i r , ~ i . AM arnFtwRa, w.ar..r.w~tw*rt' Ram ~i r awr-a. wa ~ ~ '- ' ' ~ Mdr~wwwawRa. `l: ... ~ . RIn - .. _. w.an.Re.^esaa. +w..d~h•_ - Post-It'" brand fax transmittal memo 7671 ass pages . 70 Fro,n • L7~ K..L14r Co. ~ ._,~~. Dept. Phone # Fax a Fax a ~~J • V SPECIAL WARRANTY DEED ROBERT O. ANDERSON, whose street address is 410 East College Boulevard, Roswell, New Mexico 88201, for the consideration of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, hereby sells, and conveys to SHELDON M. GORDON, whose street address is i31o -'ino-~-rA/JK1 AUe SAw~TFI h'IOfJ~LIq Coq q pcjp 3 the following real property in the County of Pitkin, State of Colorado, to-wit: See Exhibit "A" attached hereto and incorporated by reference herein also known as with all its appurtenances, and warrants the title against all persons claiming under him, subject to and except for: 1) general taxes for 1991 and thereafter payable in 1992 and thereafter; ~ 2) subject to and except for those exceptions specified on Exhibit "H" attached hereto and incorporated by reference herein. (.~ ALL REFERENCES BEING TO THE REAL PROPERTY RECORDS OF PITKIN COUNTY, COLORADO. ~1 Signed this ,'~'~ day of /(/ .~-r.,<.>,~.~~.1 1991 . Robert O. nderson By Phelps Anderson his Attorney-in-Fact COUNTY OF CRAVES ) ss. STATE OF NEW MEXICO ) The foregoing instrument was acknowledged before me this .r~~ day of /I~L,:,~ 1991 by Phelps Anderson as Attorney-in-Fact for Robert O. Anderson. i Notary Public My Commission Expires: .. ..... .._._ ~ l w ... LXHfBiT" ~ " A tract at Iand to the 5'1/1 9E 1/9 9W 1/9 ox' Section 1, Town.nhi~r YO South. Range 85 west, 6th P.M., described as fO11oH~r 8aginn3ag at the 5outhwast corner at the NW 1/4 of the NE 1/4 of Section 1.2~ Toirnship TO South, Range 85 Waat of the 6th Principal Meridian, whioh ,point is s brass cap in pJaaa marked U.9. Cadastral Survey 1/14 Cor. 19S4r thence N. 81'dopraes 00 minytea W. 069.19 #aat/ to the foot of the b1ut.P below Red 13utta Cametaryl thenaa,along the toot at khe bluff below Red Futtr Cemetery/ tbenoa 81ong the toot of said bluff the ,following aoaraaa.and•distanceat N. 17 dagreea 40 minutes 15 aocands S. 100.35 i'eet; thence N. l3 degrees 01 minutes 35 seoanda W. 63.OO.feetl Chance N. 11 dagreos 33 minutes 10 aeaonds E. 96.62 tRat; thence N. 1 degrees 50 minutes 20 #taonda E. 119.09 taotl thanes N. 19 degrees 30 minutes 15 •aecond.e W. 6~.3I feet; thence N. 9 deryreas 08 minutes 3D seaande w. 268.13 feetl thence N. 21 degrees 18 minutes 50 8eoonds W. 1y1.56 teat; thsnce N. 16 degrees Zl minutee 15 ieoonds E. 305.82 feet: thence N. 1 degrees OZ minutes 20 +aeaonda W. 53.05 feet to a point an the South llna'a~P Sacticn 1, T. 10 9., R. 85 W., 6th PrM., which is the true poJnC of bogjnningt thence westerly alan9 the south 13na 113.61 .Pestr thrnaa N. 3 dagreea 00 minutes W.'116.63 ,feet; Cheuca 3. 02 degraesr 52 minutes E. 50X.52 faAt to the center of Castle Creek; thence in a gouthea8terly direotian along Cha Denier o1' Castle Creek a distance of apprazimataly 100 fast to a point where the said aontor o! Cgstla Creek intersects the South line of said 8dotion 1, thenaa weatarly along tht said south Jine of 5eotion 1 toux hundred' teat mars or leas to the true point of beginning. Coanty~oP pitkirr, Stato of Colorado (.--, `/ 1. Right lode to extract as reserved in u at Page 6. r~ as/ EXHIBIT °B" of the proprietor of a vein or and remove his ore therefrom, .S. Patent recorded in Book 55 .'-,. u' 8 ~ •p urrd p ~ ~~~~'a~.a ~r ~ C `" ~ U 4 ~0~ ~ ~ •rMy~ ~~~~g Q 3 --~ , Q ~ rY purArp~, J~4h~ I ~ ~Y r y N -~ $ ~ $ ` ~' 4~V X11 ~ 7D uPM § ~~.tL~ i ,~ ' 1'~ ,!' 3rd ~,• ~gg8 ~° vu rmr„ p ~, t °w WN /y w __~_ Sllvsr Ouesn 4 ~t p7yF~ ~, ~ ~ Nir 'T - ~(' `~F~ a IAN' ~ $ V d ~ ~ to +s ,~ y, ~ ~ pl~ '~ 0 8 pr Y Iy f ~ t V !~ }~ '~' a V • +j{\ +s nl ~ y ~' Y A ~ ~ $ $ 'r py .,7 ~ ye e ~ kV ~~ V ~ 4Jj pM IAIgINw VIt I V7I f plea Dr ~ ,a o 0 ~aa~0 a~ °` !~: .~, ~ p ,~ m S ~«nd~ ~° ,. d S ~ ,y p~,~ of18n~ •~ ~ q € Rt, ~ ~ilry _ P gry 3 ~ i~ y ~ z Opp OpN~ .: ~1:a~ ~~ ~.~_~ _ f ;. ~LEgs ~4~4 ,._1 '~ ~ ~ p~R is batnaaa 1980 , THIS AGRdEME.Tf. dated Juns 19, ASPEM IMSTITfTlE POA HOM7~MISTIC STUDIES ("Seiler') and HAMS CIIMTROP ("Pnrehasu•) and is anbsidiary to the Purchua and Sala Agreement o! even data batmen the puties ("PISA'). ~' Racitala. Ralerance is made to the PISA Mgr ~ ~ rr N ~° ~ definition o! terms and background. ,.,, =m a 7> 'A ,. ' Soma yeas ago, in an e!lort to protect lam qf W AT the wet side o! Castle Creek belonging to Saller's~nb o z QD p °? A T sidiary, Meadows Corporation ("Meadows"), a Colorad~co~3f- N ation, and at no expense to Meadows or Seller, Mr. Robert 0. Anderson (•ROA") purchased an irregularly shaped tract (Lbe •AOA Tracts) !routing on the wet bank o! Cantle Creek and `~"° adioininq the north and o! that portion o! the Meadows r-,'~ Pueal that is located on the wst side o! Castle Creak. I=t ,,~ return 9allar and Meadows granted AOA a 99 year aeeau ,i euement (the •Eaaement") across the Castle Creak and ova the Meadows Pucel to city roads. The Meadow Pucal is ~~ described on Schedule 1 attached hereto and made a part r `* ~ hueol. Toz the consideration exprsned in the PISA and other good and valuable consideration, the receipt and su!liciancy o! which era hereby acknowledged, the parties agree as follows N.~ ~ S y~ r , ~- +~ ~ + ~~ ~. ' ~. t:f } VyR ~~ 4.`, ) ~ ~ r y _ ~ e , a. i' " ' ~ r. sy s e. ; vF.4 .. .+ 4° - ~ ~ ~.. a. .. y } .....r. 8 ww~awanru ~'^'yh..*-._:~:w. .awrr.~~i A~ -. ~ n ~ °' ~ ~~ 1. Purchaser covenants with Seller for ehe . t _~~ ' 43~ x.:103 ~.~~ benefit of ROA, hie hairs and assigns, that Purahaaer~ a~ ~. ~,~ hi^ election, will either (a) eontlnue the Easeseat in !olca ~~, ~, ~ _; through at least eh~ year 2050 or (b) otter to exchange for ~'r~ ` ,~ ~,.. the RDA Tract a suieable building siu on Lhe Meadow fareel. ~~ 2. pnrrhaser say deal directly with A011 and • a ~„ -' , ~ ~ ;:~ writin4 algned by AOA certitYin9 pertorsanM of Purchaur'a %. ,r ~i . _ obligations hereunder shall be dewed acceptable to Shcez /~-!~,,~ tr!'' y, . '' 3. purchaur say designate and change from tine ~ ~, r r~ ~ to rise without iM eonunt of Geller or 11011 by wparate C ~`'1 ~` ~ e ~;+` recordable instruments the Precise location of the Easement, e`~ on the conditions that the aowu Provided by the EaaemenL ~' ~/s~~^ t, ~`: ~ shall remain adequate for motor whicU trawl and Purchaser [~~~ N~~~ ~: shall Pay any costs incurred by ROA, as the result of a ~ t.`-'}~1 1 ":`, ^ ~~ ~~,~ change in the location of the Easearnt, in order to relocaee ~,- `~. any improvements on the Casement that 1ED11 say previoosly haw ~~ .- :.~ had construcdd. P r-,. r.~;j~ 1. Lxcept as provided in paragraph 4, Purchaser r shall have no obligation to pay far the coats of construetinq xy s any improvements on the Easement. ,;.',~, S. This agreement may be recorded at the election .;,.; , ~~ of AOA or either of the signatory par!las. '`~ ' .. ASPEN IIPSTITUTE FOR EOMANISTIC ~ "~~%` ATTEST s STUDIES 3~'~ ~' ~, ~ ~~ Hy~ ;,;;. ; Secretary ~:~:; '~, r .r ~; f. AY A P „; ~~ stn;+~-i ~2_ ~'t,:: ; -~ 1.• 1~ ra ., ~ +'. ' ~fr '~. L~ _ • Y. .... i a , ;n i o~ t"~" I e~ ~'~ ,. i. S, x~4J4 r„„ciltYr'f r ,. ! srnra or corannoo ~ , ~ cxrr um coDRr: or DE(iVRR 1• ~• for•goinq lnatrwe•nt was aoknowl•dq•d b•ior• ,, >w thia H~!-day o! June. 1980 by Jouph E. Slai•s, at o! neptll - .I and Donald C. ftcRlnlay, as 8•er•tary, Pr•a!d•n , 2118rITUTE !oR RUHANISriC BTDDILer a Colorado non-for-profit corporation. • MY aoaniaaion •xpiru ~ ' ~ al seal. xitnua ^Y hand and otiioi ~ • ~' ovary erns or coron~DO ~ CIrY AxD CODl1ry OT DtNVER I • !or•9oin9 laatrum•nt waa aoknowl•dq•d b•!or• r thi^ [~ day o! June. 19e0 by 811N8 CANTRDP. 11Y ea~laaion •xpir•a ~~• xltn•sa my hand and o!lialal a•al. / ~ y.~ / / /f J - .(1G~/,/ ~//~G~6 T- otary is `a. ~`~ ,:;;' ' .. ' .,. ,.~ h. d: I -'- • of I _... _ ... . [/ ~ ~ Y -~ ~ `~~ A te • 1 ' ' H^ • ~ ~ ,, r pp ~,'1 I~ #~f f r ~ • ~i '. A 1' ~x 1 i ~ I.. 3 .Y' ~ ^ ~ ~ y~ • , ..'° :'~.xti ,y~.~,.r r -~~-•u c, -:<~.-s •r v-r_~. r w+~w~r sCRLDOLE 1 ~ (Attached to and lorminir a put o! the Agraeaun! -., re Access to AOA Parcel, dated June 19. 1980. j betwen Aspen Institute !or tiumsniatie 8tudiee and bans Cantrupl - • ~ ~~434 .105 O.acrie eion o! the Meadows Parcel A tract of land embracing portions et the :eF,} !lK}, lfR} 1tE}, Kg} ~ RE}, Sk NE}, Soction 12' the S;f} EE} and SR} et Section 1; Toenahto ~~,r 10 South, Rango SS Rest of the GtA principal 3lsridian; more k'°-+ particularly doscribeE as: ' ~~~. f Aeginning nt the Southeast corner of Bald KE} RR}, markod by a O.S. Brass Cap: thence rest to tae F.nstorly Right of Ray line of Steadoes ~ ~~~-j Road, ^s said road is ostab)tahod upon the 'ground by use: 'hence '~.~-.I Sovtherly•rlorg said Eaatorly Right of Ray Line to the point Thera `• said R16ht of say line tnternocts line S-6 of The Aspen Toenstto: thonce Southeasterly along said lino S-6 of Tho Aspon Townsito Lo the Resicrly line of Korth Siath Street: ~; thence•tiorth alon¢ the Rcat line of North Siaah Street in llallnm's • Addition to the Korth line of G1I16sDie Avenue in Ifallan's Addition; thence East along tho North lino of acid Glllrspte i ;'` Avenue to the Rest lane of Roaring Fork Rond in :Second lspen Co- mpanp $t:b-tirislon: thence tiozthaesterly along snid Rest line o! Roaring Fork Road to the Enst boundary line of snid A•R} N°} thcneo y` ~ Rortherlr along acid Fast boundary line to the center lino of the ~~:; Roaring Fork River; thcneo tnatcrly along the center sine of said . Roaring Fork River to the Fast boundary lino or Lot ~ of Seeond "~' Aapon Conpany Sub-division; thonce alone said Eaat boundary line i of se id Lot 4 to the Sortbesst corner of snid Lot 4; thence along ! the Nertherlr boundnry ltnrs nt Lnts S,R and and 7A of Seeond Aspen <..~.} Company Sub-division to the Rcaterlp boundary lino nf~thn Green .n' i Acres Sub-Eiviaion: thenro Korth nlom: snid xesterlp boundnry line to the Northnnstcrly rSt:ht of wny line of the Right of Rap fernorly ...,*" ~~ oceuplcA by tha Denver and Iiln Grande acstern Raflrond: t`.cnee lforth- ' tj.~ westerl nlonr, n+id Rail+~ of Key lion to n ,pint ehrnee Cnrnrr 71 of :~~"`~' the Isronn plnccr, U'.S•",S. 150A7 bc..rs Korth 15'3S'2S" East G1T.7G foot; thence Korth :13'10' l:aml 7p1.i2•rnet :Worn or toss in tho '•~ Routbenatrrly line of slllrnq:hb}• xny; thonce Knrlhvesterly nlnnK snid Rovihrnnte:ly line of x114.urlrUy Kny to thr Souti:enatcrly Cnrnrr of i.nt 23, Rteck 2, of pitkin Grr~ Rul+-divistom t:fnnce along the South ~`° lino of Wald t.el 2:. to lhr Rmrlhwralrrty turner of snid f.nt r3: ~~~~ ~ thoner Certh:ralrrly nlonr, the ..rrntthsr•sterlr liars of Lnts 10,p,?. ,,~;.~. R,S, and d, R1ori: 7, Plt:aln Grrr.n Sol.-dirls<inn to the Wont Rostcrty Cnrnrr of Wald l.ot d, Uu•nrr ::+mth •13'11' Rost 1NR,?t Trrl to the Rorthrastcrlr hnnndnry 11nr of Let. 1: of tllnck Ofrah Fstnirn: thcneo Snuthrantcrly atom,; thr }:air boundnry 11 ac of irnid t:Uck Rifch F.alntcs by thr fnllowinl:: - Ronth fi:!'ti3' ~.a~t x?,10 fr•rt; .; ~~ '~, ,~. $ ~ i7~. `.1 # ar t + .. i `+ Fi ,.il" w #! + ,. ,~ x., ~ a '~ ` ~ ,.. . _ thence South 51.00' Eaet 71.10 lestt 45.41' East 79.55 feet! W ~ P!(°~W ' 4 '£ 1 J thence So~L ~IAl thence South 37.28' East 66.23 ieeit ' ~' ~'~ thence South 09.33' East 150.33 leett , .~' -~_ thanN South 07°27' west 268.51 feet! 15 leett 57 ' . ~._° . Xsat 19 thence Sough 32 ce South 15.03' bast 84.24 latt h ~ i~ en t thence South 14.17' Esst ]79.61 fact: 12 Seat: 799 • ' „~'; M >. . Eut 54 thence South 29 at teX '~ h k i L r ~ C 30 OS South thenre 7S.42 leeti Esst hT04'22'S2^ c 2 s ° thence Sout feet: 392hSS 38 99 feat L id North boundsryiline s b rt : ; . a alont; X) 41'13 88 66 feat: thence South 76'9i•~S^ es Xeaterly (S L 34 ^ ' ' tY.~ . EAS 20 03 thence Sou:h 01 825^eEasth66 37Sieat: ' „ 1 h ~ 30 South 74 thenea 286e13~eet2 ce South ]7'33'70^ Xest 04508230^eEcat h en thence South O1°50'20^ Rest ]14.04 feet: t '01'35^ Esat BS.00 feet: thence South ~ 98.62 feet; thence South 13 35 feet: thence SoutA 82'00' East 864.79 Stet: t 100 ^ ' ° . Xee 35 40 17 ~~ to the pleee of beFinninF. F , yy ' ~~'~ LIICEPTINO TyEgEg{tOMs '• , r ~' ~ i. ~., CM academic Parcel described belatt 'r' ~`~ ~ any land sitnattd Sa Pitkia County outside the . ~ ~'~ boundaries of the Gity o! repent bdioitionT and +~ the Second aspen Company Su •' any Property south and east e! Eoarihq Pork Road. ~~, *~ aiq~ ~~ f i# st v , x ~~~ ~ , .. ~~ id2~ . ~ 3`~ ` ' ~~ ''c j§rl 2 _ ;, r ~ M' y "O~N~ 4~ F (w ~~ r 7i { • ~' y(' -~ ~ :.. ~ ^2' ~ u~ckt. ~ .. rr ~ ~ ~ t - i 'fit ~, *~. t; • .. .. ~.. ., r ~~ a K % -'!+w , ; ~• ~ H.~~ vj `.'~ ~ t a1{J ~~ t~ ~~ k ~. : ~_ __,....._..o.......... ": .~ t t r" ~t434' ~~c107 Description of the Academic Parcel A tract of land situa~tod in the Northeast 1/4 0! Section 12, Township 10 South, Ra q~~e 85 t•:est of the 6th principal snaridian, City of aspen, Pitkin County, Colorado, Wore particularly described as follows: ' 8eginninq at a point whence the Northwest corner o! the Southrreat quarter of the Northeast quarter of said Section 12,•A 1954 U.B. Brass Cap, bears ; ~ 517.51'47", F7 521.03 foe ti thence N 01.39'00" East 300.00 Teets thence S 88.21'00" East 290.40 Teets thence S Oi•39'00" t•:est 129.03 feet; thence N 74.07'26" East 35.86 fee t; thence S 82.07'01" Eaat 65.62 toets thence S 65°46'20" East 41.96 facts thence S 35°32'16" East 68.82 feet; thence S 74.03'17" East 349.45 feet: thence S 46°00'18" East 120.93 Teets thence S 35°20'24" East 67.42 feet! thence S 17°19'41"East 130.94 feed thence B 12.39'09" East 100.44foet; thence S 45.42'26" East 114.56 foot; • thonea East 43.00 feet; thenco S 57.03'35" East 86.44 feet to a point On the East lire of the tTest half of th! :torthaast quarter of said Soction 127 thence aloha said East line B 00.26'55" East 250.00 feet to the intersection wigs the t"ast line of Roaring Fork Aoad: thence along said :•Test line 516.35'00' East 722.50 feet to. the intersection with the North line of Gillespie Avenuer thence along said North line extended best 1119.97 feets thenea N 17.34'00" East 1031.39 feats thence \ ;6.00'00' t•Test 416.17 feet; • thence :7 C1.39'00" East 168.00 feed thence :! 99.21'00" t•:est 290.40 feat to the point of beginning: • ~~ X ERCEPTI::C Ti'.9Rt•FROja ~ - A tract ofla.^.d located in.tho 4II:1N '!~1/4 of Section 12, Township 10 South, Range 85 tt•:st of eho bixt.'t Principal ::cridian, City of Aspen, Colorado, aoro particularly nescribed as follows: ~, ~, :=. ~r ~ f' ,f . , _.._ . r,. , j, ,, _ , Dcginning at a point Mh@RCe the Sout!n+ost corner brass cnp U S o! the dated ,~w ~~ ,~ ! ~ Ntal/1 ;:E1/4 0! sa!d Section t " ' . . 12, a 02 foatr 521 -~ ~_ 1954, boa rs S 1 7.51 t4ea 41 . ~ th@neo N 01.39' East 200.00 !@ett U.onea S 89.21' Eaat 290.30 [eott ;~ thones S 01.29' ' . toast 700.00 +0 290 lnnet ~ iat.o! tent to the pu bagirutinq. ` r id '~ , thence N 21 88 Host . i . - v ` ft ~i . ~, - z` ~,.. T. ,: • ~` , . R _; k ,r , ' ' ~ t ' u~ " + ~ , ~~~ I ~ _ ~ 1~ ~~ J r ~ ~.~ 4, + .. ~ )~ I + ~ - ,~#. ~ ~ ~ . .. ~!.