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Land Use Case.210 Sesame St.0078.2010.ASLU
r THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0078.2010.ASLU PARCEL ID NUMBER 2737 07 4 20 002 PROJECTS ADDRESS 210 SESAME ST PLANNER AMY GUTHRIE CASE DESCRIPTION LOT LINE ADJUSTMENT REPRESENTATIVE CURTIS SANDERS DATE OF FINAL ACTION 8.1.11 CLOSED BY ANGELA SCOREY ON: 8.12.11 C 7 1 z e i e e w'a O ! E� w: f __ Q5 lii ; { .- c • e a i i 1Q7 . t \' • 1 i e 1 1 m i a a C= G l a !i # S a 3 i 1 h P 1 + 2 p" j I: S ' .c NS r If i �F i Q 1I . 7 ' < 44 :1 i o ' kJ P I se{ 0 i n Z. 3 it N a _ v Ea3e t & o J r � { e� 2 i iei ' i 1 al i 8' i {{ 4i{- . ' i 11 C 1 T y r {a- . 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'i !� njL E i �# f I I��1 i ii i a ,. H it H H H ii H ii Fi if ii H Fi ii ii i1 E. z i L re I i'; p1 ' IP a t~ i I i ; ` t _ h % i 1 , l i a 5 1'A A $ M�� % $' 5 , P m a, r7 m n . ; ,,, mMMm zq ,- ,n mm M m, ,,, 1 m $°I '�� M —, : 1 j 2? ?I ^"�I� ^'�I ^R�^''iTmnR R m'�m `N �2 m ;k ^�A �L �RTT rtm {T ,n q I i I i ,, I t iiitttt tittFittit it Milli t it l ttt titit t t • Y I 1 � i ' P! LI : 1 � t I i L q �I 1 Y, 'z i e �4� , A VMo ,. k .: v •.,- , 4..Uan �, 1 t O ii; M I ;_;W if I � 1 I1� - = 1� e.�. Shed ATTORNEYS & COUNSELORS AT LAW JEROME PROFESSIONAL BUILDING 201 NORTH MILL STREET, SUITE 201 Sh {, a ASPEN, COLORADO 81611 -1557 erman & Howard L.L.C. TELEPHONE: (970) 925 -6300 FAX: (970) 925 -1181 OFFICES IN: DENVER - COLORADO SPRINGS • ASPEN• VAIL STEAMBOAT SPRINGS • PHOENIX - SCOTTSDALE • RENO LAS VEGAS • ST. LOUIS Curtis B. Sanders Office Number (970) 925 -6300 Ext. 214 E -mail: csanders February 4, 2011 Via Hand Delivery Jessica Garrow City of Aspen Community Development Department 130 South Galena Street, Third Floor Aspen, Colorado 81611 Re: Case No. 00728.2010.ASLU -210 Sesame St.; Alain Degraeve; Midland Park Subdivision Owners; Administrative Lot Line Adjustment Application for Lot 2 Aspen, Electric Subdivision and Midland Park Subdivision Dear Jessica: With this letter, I attach two fully executed original mylars for the above matter. At your earliest convenience, please arrange for the processing and recording of these mylars by the City of Aspen. cerely � ari erc� s J Enc. cc: Alain Degraeve LITIGATION N2757405.1 Jessica Garrow From: Jessica Garrow Sent: Thursday, December 23, 2010 10:55 AM To: 'Sanders, Curtis'; Tricia Aragon Cc: Alain Degraeve; Anne Marie McPhee; John Howorth Subject: RE: 201 Sesame & Midland Park Lot line adjustment Hi Curt — Responses from Trish and myself are included in red below. Please let us know if you have any questions. We'd like to see another paper copy before this goes to mylars. Trish will be out of the office until January 4`", but I am here all next week to review. Thanks, Jessica Jessica Garrow, AICP Long Range Planner City of Aspen Community Development Department 970.429.2780 www.aspencommunitvvision.com From: Sanders, Curtis [ mailto :csanders @shermanhoward.com] Sent: Tuesday, December 21, 2010 8:59 AM To: Jessica Garrow; Tricia Aragon Cc: Alain Degraeve; Anne Marie McPhee; John Howorth Subject: 201 Sesame & Midland Park Lot line adjustment Tricia and Jennifer: Thank you for your comments on the draft Lot Line Adjustment Plat. Before I have John Howorth undertake a set of revisions to the draft that I submitted, I would like to confirm the following: (1) Midland Park Subdivision. I attach a copy of the recorded Midland Park Subdivision Plat. Several of your comments and questions related to the specifics of the Midland Park Subdivision. After reviewing this instrument, please let me know which details from this instrument need to be shown on the Lot Line Adjustment Plat, such as the private access road, powerline easement, etc. Additionally, you asked about the 15 foot power line easement depicted on the draft Lot Line Adjustment Plat in the northeastern -most corner of the Midland Park Subdivision. This easement is shown on the Midland Park Subdivision Plat. Also note that there are eight buildings located on the Midland Park Subdivision property. Hopefully, we do not need building locations with ties for all of these buildings. Please let me know if we need a building location with a tie for the Lot 2, Aspen Electric Subdivision parcel. If so, it will be difficult to show all of these improvements since the size of the depiction of the Lot 2, Aspen Electric Subdivision parcel needs to be small enough to accommodate a depiction of the entire Midland Park Subdivision parcel. You do not need to show b with ties, but you do need to show the easements. chow.) O0Ce 4 n.n, lax, (2) Lot 2, Aspen Electric Subdivision. You asked about the correct plat reference for Lot 2, Aspen Electric Subdivision. There are actually several plat references affecting this property, and the full legal description of the property is as follows: Lot 2, ASPEN ELECTRIC SUBDIVISION, according to the Plat thereof recorded February 19, 1993 in Plat Book 30 at Page 85 as Reception No. 354093 and Amended Plat of Aspen Electric Subdivision recorded September 10, 2003 in Plat Book 67 at Page 6 as Reception No. 488179, and Lot Line Adjustment Plat of Lot 5, Sunny Park North Subdivision and Z Lot 2, Aspen Electric Subdivision recorded June 24, 2005 in Plat Book 73 at Page 72 as Reception No. 510454. OA Dil If you want, I can include this legal description on the Lot Line Adjustment Plat, and have some sort of shorthand reference to it on the depiction of the lot line boundaries, such as "Lot 2, Aspen Electric Subdivision Property ". This legal description of Lot 2 needs to be included on the plat, JjyV rtQtek -h ±S-e-- - o (DA n t.cAn C'� fiTh (3) Exchange Parcel; Landscaped Area. There should not be any references to a "Landscaped Area on the Lot Line Adjustment Plat, and I will have these references removed. The only land being exchanged is the "Exchange Parcel ", which is to be included in the amended Lot 2, Aspen Electric Subdivision property and is being subtracted from Midland Park Subdivision. Thanks for removing this reference. (4) Statement of Purpose. I will have the Lot Line Adjustment Plat revised to provide for the following statement of purpose, which will be set forth immediately below the title of the Lot Line Adjustment Plat. THE PURPOSE OF THIS LOT LINE ADJUSTMENT PLAT IS TO PROVIDE FOR AN ADJUSTMENT OF THE COMMON BOUNDARY BETWEEN LOT 2, ASPEN ELECTRIC SUBDIVISION AND THE MIDLAND PARK SUBDIVISION. This revised purpose statement is fine. (5) Dedication Language. It appears that you were not provided with Sheet 2 of the Lot Line Adjustment Plat. Sheet 2 is attached to this email. After the legal description of the Lot 2, Aspen Electric Subdivision parcel, I will insert the following additional language: " . . . has by these presents laid out and platted the same as provided for in this Lot Line Adjustment Plat of Lot 2, Aspen Electric Subdivision and Midland Park Subdivision ". After the legal description of the Midland Park Subdivision parcel, I will insert the following additional language: " ... have by these presents laid out and platted the same as provided for in this Lot Line Adjustment Plat of Lot 2, Aspen Electric Subdivision and Midland Park Subdivision ". Please let me know if this revised dedication language is acceptable. My note was referring to the descriptions of the exchange parcels not the dedication. (6) Plat Notes. I will revise the plat notes language to provide as following with respect to future development of the properties: THIS LOT LINE ADJUSTMENT SHALL NOT RESULT IN ANY INCREASE IN THE PERMITTED FLOOR AREA, MAXIMUM ALLOWABLE DENSITY, OR EXISTING DEVELOPMENT RIGHTS OF LOT 2, ASPEN ELECTRIC. THIS LOT LINE ADJUSTMENT MAY RESULT IN A DECREASE IN THE PERMITTED FLOOR AREA, MAXIMUM ALLOWABLE DENSITY, OR EXISTING DEVELOPMENT RIGHTS OF THE MIDLAND PARK SUBDIVISION. Please let me know if this revised language is acceptable. These plat notes will work. Please also make sure that the Vicinity Map and lot areas are included. (7) Delineation of Cul De Sac. I can have the Park Circle cul de sac depicted, as it is shown on the Sunny Park Subdivision Plat recorded in Plat Book 3, at Page 52. However, the cul de sac really doesn't exist anymore since a portion of the lands around it were conveyed to the City as shown on the Sunny Park North Boundary Adjustment and Annexation Map recorded in Plat Book 20 at Page 2. If you need a copy of this instrument please let me know. All adjacent right of way needs to be depicted. If it's not there anymore then it doesn't need to be depicted. cue Please call or email me with any questions, and if it easier, I can come to your office if necessary. girth Nike _ -Curt Curtis B. Sanders SHERMAN & HOWARD L.L.C. 201 North Mill Street, Suite 201 Aspen, CO 81611 (970) 925 -6300 ph (970) 925 -1181 fax csanders deshermanhoward.com www. shermanhoward.com This electronic mail transmission and any attachments contain information belonging to the sender which may be confidential and legally privileged. This information is intended only for the use of the individual or entity to whom this electronic mail transmission was sent as indicated above. If you are not the intended recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the information contained in this transmission is strictly prohibited. If you have received this transmission in error, please immediately inform me by "reply" email and delete the message. Thank you. 2 • This e-mail and any attached documents may colifain provisions concerning a federal tax issue or issuestfhis e-mail and any attached documents are not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding penalties that may be imposed on any taxpayer by the Internal Revenue Service. For information about this statement, contact Sherman & Howard L.L.C. or visit our website at http://www.shermanhoward.com/PrivacyPolicy/Circular230/ From: Jessica Garrow [mailto :Jessica.Garrow @ci.aspen.co.us] Sent: Tuesday, December 14, 2010 3:06 PM To: Sanders, Curtis Subject: 201 Sesame & Midland Park Lot line adjustment Hi Curt Attached is the lot line adjustment survey with my comments and the City Engineer's comments. There seems to be some confusion about the landscaped area. Is this part of the settlement? And which lot is it part of? A number of the comments on the plat are related to this area. Please let me know if you have any questions. I recommend doing another paper copy for us to review before going to mylars. Cheers, Jessica Jessica Garrow, AICP Long Range Planner Community Development Department City of Aspen 130 South Galena Street Aspen, CO 81611 970.429.2780 www.aspencommunityvision.com www.aspenpitkin.com 3 - Jessica Garrow From: Sanders, Curtis [csanders @shermanhoward.com] Sent: Tuesday, December 21, 2010 8:59 AM To: Jessica Garrow; Tricia Aragon Cc: Alain Degraeve; Anne Marie McPhee; John Howorth Subject: 201 Sesame & Midland Park Lot line adjustment Attachments: Aspen Electric and Midland plat comments.pdf; Midland Park Subdivision Condominium Map.PDF; 116.PDF Tricia and Jennifer: Thank you for your comments on the draft Lot Line Adjustment Plat. Before I have John Howorth undertake a set of revisions to the draft that I submitted, I would like to confirm the following: (1) Midland Park Subdivision. I attach a copy of the recorded Midland Park Subdivision Plat. Several of your comments and questions related to the specifics of the Midland Park Subdivision. After reviewing this instrument, please let me 4 know which details from this instrument need to be shown on the Lot Line Adjustment Plat, such as the private access road, powerline easement, etc. Additionally, you asked about the 15 foot power line easement depicted on the draft Lot Line Adjustment Plat in the northeastern -most corner of the Midland Park Subdivision. This easement is shown on the Midland Park Subdivision Plat. Also note that there are eight buildings located on the Midland Park Subdivision property. Hopefully, we do not need building locations with ties for all of these buildings. Please let me know if we need a building location with a tie for the Lot 2, Aspen Electric Subdivision parcel. If so, it will be difficult to show all of these improvements since the size of the depiction of the Lot 2, Aspen Electric Subdivision parcel needs to be small enough to accommodate a depiction of the entire Midland Park Subdivision parcel. (2) Lot 2, Aspen Electric Subdivision. You asked about the correct plat reference for Lot 2, Aspen Electric Subdivision. z i o There are actually several plat references affecting this property, and the full legal description of the property is as follows: • Lot 2, ASPEN ELECTRIC SUBDIVISION, according to the Plat thereof recorded February 19, 1993 in Plat Book 30 at Page 85 as Reception No. 354093 and Amended Plat of Aspen Electric Subdivision recorded September 10, 2003 in Plat Book 67 at Page 6 as Reception No. 488179, and Lot Line Adjustment Plat of Lot 5, Sunny Park North Subdivision and • i Lot 2, Aspen Electric Subdivision recorded June 24, 2005 in Plat Book 73 at Page 72 as Reception No. 510454. 4 If you want, I can include this legal description on the Lot Line Adjustment Plat, and have some sort of shorthand reference to it on the depiction of the lot line boundaries, such as "Lot 2, Aspen Electric Subdivision Property ". J3) Exchange Parcel; Landscaped Area. There should not be any references to a "Landscaped Area on the Lot Line Adjustment Plat, and 1 will have these references removed. The only land being exchanged is the "Exchange Parcel ", which is to be included in the amended Lot 2, Aspen Electric Subdivision property and is being subtracted from Midland Park Subdivision. (4) Statement of Purpose. I will have the Lot Line Adjustment Plat revised to provide for the following statement of purpose, which will be set forth immediately below the title of the Lot Line Adjustment Plat. /HE PURPOSE OF THIS LOT LINE ADJUSTMENT PLAT IS TO PROVIDE FOR AN ADJUSTMENT OF THE COMMON BOUNDARY BETWEEN LOT 2, ASPEN ELECTRIC SUBDIVISION AND THE MIDLAND PARK SUBDIVISION. (5) Dedication Language. It appears that you were not provided with Sheet 2 of the Lot Line Adjustment Plat. Sheet 2 is 7 attached to this email. After the legal description of the Lot 2, Aspen Electric Subdivision parcel, I will insert the following additional language: " .. . has by these presents laid out and platted the same as provided for in this Lot Line Adjustment Plat of Lot 2, Aspen Electric Subdivision and Midland Park Subdivision ". After the legal description of the Midland Park Subdivision parcel, I will insert the following additional language: " ... have by these presents laid out and platted the same as provided for in this Lot Line Adjustment Plat of Lot 2, Aspen Electric Subdivision and Midland Park Subdivision ". 1 Please let me know if this revised dedication language is acceptable. (6) Plat Notes. 1 will revise the plat notes language to provide as following with respect to future development of the properties: J THIS LOT LINE ADJUSTMENT SHALL NOT RESULT IN ANY INCREASE IN THE PERMITTED FLOOR AREA, MAXIMUM ALLOWABLE DENSITY, OR EXISTING DEVELOPMENT RIGHTS OF LOT 2, ASPEN ELECTRIC. (THIS LOT LINE ADJUSTMENT MAY RESULT IN A DECREASE IN THE PERMITTED FLOOR AREA, MAXIMUM ALLOWABLE DENSITY, OR EXISTING DEVELOPMENT RIGHTS OF THE MIDLAND PARK SUBDIVISION. Please let me know if this revised language is acceptable. (7) Delineation of Cul De Sac. I can have the Park Circle cul de sac depicted, as it is shown on the Sunny Park Subdivision Plat recorded in Plat Book 3, at Page 52. However, the cul de sac really doesn't exist anymore since a portion of the lands around it were conveyed to the City as shown on the Sunny Park North Boundary Adjustment and Annexation Map recorded in Plat Book 20 at Page 2. If you need a copy of this instrument please let me know. Please call or email me with any questions, and if it easier, I can come to your office if necessary. Curt e&A ^ ca i t.(► Y V) Ak.Q Qth a..Vtc rO 12. Curtis B. Sanders SHERMAN &HOWARD L.L.C. li"' tP &a, p.VI ran rcII� .c , .t1 -a QXG Yt, ' ` `-^� � �'C 201 North Mill Street, Suite 201 + (j , "� , - C ISCL t§P r N i ce , Aspen, CO 81611 L (970) 925 -6300 ph (970) 925 -1181 fax csa ndersA s hermanhowa rd. com www.shermanhoward.com This electronic mail transmission and any attachments contain information belonging to the sender which may be confidential and legally privileged. This information is intended only for the use of the individual or entity to whom this electronic mail transmission was sent as indicated above. If you are not the intended recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the information contained in this transmission is strictly prohibited. If you have received this transmission in error, please immediately inform me by "reply" email and delete the message. Thank you. This e-mail and any attached documents may contain provisions concerning a federal tax issue or issues. This e-mail and any attached documents are not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding penalties that may be imposed on any taxpayer by the Internal Revenue Service. For information about this statement, contact Sherman & Howard L.L.C. or visit our website at http: / /www.shermanhoward .com /PrivacvPolicy /Circular230/ From: Jessica Garrow [mailto :Jessica.Garrow ©ci.aspen.co.us] Sent: Tuesday, December 14, 2010 3:06 PM To: Sanders, Curtis Subject: 201 Sesame & Midland Park Lot line adjustment Hi Curt Attached is the lot line adjustment survey with my comments and the City Engineer's comments. There seems to be some confusion about the landscaped area. Is this part of the settlement? And which lot is it part of? A number of the comments on the plat are related to this area. Please let me know if you have any questions. I recommend doing another paper copy for us to review before going to mylars. Cheers, Jessica 2 3 ATTORNEYS & COUNSELORS AT LAW JEROME PROFESSIONAL BUILDING 201 NORTH MILL STREET, SUITE 201 Howard ASPEN, COLORADO 81611 -1557 Sherman & Howard L.L.C. TELEPHONE: (970) 925 -6300 FAX: (970) 925 -1181 OFFICES IN: DENVER • COLORADO SPRINGS • ASPEN- VAIL STEAMBOAT SPRINGS • PHOENIX • SCOTTSDALE • RENO • LAS VEGAS - ST. LOUIS Curtis B. Sanders Office Number (970) 925 -6300 Ext. 214 E -mail: csanders(a�shermanhoward.com RC� I!/! December 2, 2010 c Via Hand Delivery DEC 0 3 2010 Amy Guthrie C O M MUM r,, F f> City of Aspen Community Development Department DEVELOPMENT 133 South Galena Street, Third Floor Aspen, Colorado 81611 Re: Alain Degraeve; Midland Park Subdivision Owners; Administrative Lot Line Adjustment Application for Lot 2 Aspen, Electric Subdivision and Midland Park Subdivision Dear Amy: I am writing you on behalf of my client Alain Degraeve and in connection with the above matter. Mr. Degraeve is a Co- Applicant with respect to the above referenced land use application, and although I do not represent the Midland Park Subdivision owners as the other named Co- Applicants, I will be principally responsible for the filing and processing of this matter. As we have discussed, Mr. Degraeve is the owner of 210 Sesame Street, Aspen, Colorado 81611, as legally described in the attached Certificate and Disclosure of Ownership of Alain Degraeve (the "Degraeve Property "). The Degraeve Property lies immediately to the north of the Midland Park Subdivision located 112 Midland Park Place, Aspen, Colorado 81611 and the Degraeve Property and the Midland Park Subdivision Property's common elements share a common boundary of approximately 150 feet in length. The Midland Park Subdivision is comprised of 37 units, and according to the Condominium Declaration for the Midland Park Subdivision recorded in Book 353 at Page 504, all of the Midland Park Subdivision unit owners own the Midland Park Subdivision's common elements as tenants in common. The Midland Park Subdivision owners are represented by attorney Anne Marie McPhee of Oates, Knezevich, Gardenswartz & Kelly, P.C. As a result of a survey error, a dispute has existed between Mr. Degraeve and the Midland Park Subdivision owners regarding the location of the common boundary and the ownership of an area of land which is approximately 1,672 square feet in size. This dispute LITIGATION \2757405.1 0 resulted in a pending quiet title action in Pitkin County District Court captioned as Alain Degraeve v. Catherine Anne Hagen et al., 2009 CV 159. On April 12, 2010, Mr. Degraeve and the Midland Subdivision owners entered into a settlement agreement which provided for, among other things, the Midland Subdivision owners' agreement to quitclaim their asserted interest in the disputed lands to Mr. Degraeve and to re- configure the common boundary between the Degraeve Property and Midland Park Subdivision. Additionally, the parties filed with the Court a Stipulated Motion for Entry of Quiet Title Decree requesting that the Court quiet title to the disputed lands in Mr. Degraeve. On August 22, 2010, the Court issued a Decree quieting title to the disputed lands in Mr. Degraeve, which was recorded in the real estate records on August 27, 2010 as Reception No. 573105. Given that the Degraeve Property is located within a platted subdivision and the Midland Park Subdivision is itself a platted subdivision, Mr. Degraeve and the Midland Park Subdivision owners, as co- applicants, therefore wish to obtain the City of Aspen's approval of a lot line adjustment which will re- configure their common boundary so that it conforms to the parties' wishes and the Court's Quiet Title Decree. Therefore, in connection with the above matter, I enclose the following documents: 1. City of Aspen Pre - Application Conference Summary dated July 2, 2010 (two copies); 2. Letter of Representation of Alain Degraeve as owner of 210 Sesame Street, Aspen, Colorado 81611 authorizing attorney Curtis B. Sanders to act as Applicant's representative (two copies); 3. Letter of Representation of owners of Midland Park Subdivision as owners of Midland Park Subdivision common elements authorizing attorney Anne Marie McPhee to act as Applicant's representative (two copies); 4. City of Aspen Land Use Application Form (two copies); 5. Agreement for Payment of City of Aspen Development Application Fees (two copies); 6. Certificate and Disclosure of Ownership of Alain Degraeve as owner of 210 Sesame Street, Aspen, Colorado 81611 (two copies); 7. Certificate and Disclosure of Ownership of certain individuals as owners of the Midland Park Subdivision (two copies); 8. Vicinity Map depicting 210 Sesame Street, Aspen, Colorado 81611 and Midland Park Subdivision (two copies); 9. Proposed form of Lot Line Adjustment Plat of Lot 2, Aspen Electric Subdivision and Midland Park Subdivision (two copies); and 10. The August 22, 2010 Quiet Title Decree (two copies); 2 LITIGATION \2757405.1 0 0 10. Filing fee in the amount of $735.00. If you have any questions, please feel free to contact either me on behalf of co- applicant Alain Degraeve, or attorney Anne Marie McPhee on behalf of co- applicants Midland Park Subdivision owners. "incerel it urtis :. Sanders Enc. cc: Anne Marie McPhee, Esq. Alain Degraeve 3 LITIGATION \2757405 1 RE CEIVED CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT DEG 0 3 2010 ITy OF Agreement for Payment of City of Aspen Development Application Fees 0 CITY OF ASPEN (hereinafter CITY) and Alain R. Degraeve (hereinafter APPLICANT) AGREE AS FOLLOWS: a. APPLICANT has submitted to CITY an application for Administrative Lot Line Adjustment (hereinafter, THE PROJECT). b. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. c. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. d. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. e. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $735.00 which is for three (3) hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: By: Chris Bendon Community Development Director Date: Billing Address and Telephone Number: P.O. Box 7975 Aspen, Colorado 81612 (970) 948 -2620 LITIGATION \27342532 RECE VED • CITY OF ASPEN DEC (i 3 2 01. PRE- APPLICATION CONFERENCE SUMMARY CITY Otk ASP r ■ COMMUNITY DEVELOPMENT PLANNER: Amy Guthrie, 429 -2758 DATE: July 2, 2010 PROJECT: 210 Sesame Street and Midland Park Condominiums REPRESENTATIVE: Curt Sanders, Counsel representing owner of 210 Sesame Street Anne Made McPhee, Counsel representing owners of Midland Park Condominiums DESCRIPTION: Two abutting properties have recently completed a court settlement regarding a dispute over an area of land that each claimed to own. The land in question has been determined to belong to 210 Sesame Street, not Midland Park Condominiums. The owners wish to complete a lot line adjustment, formalizing the decision in a recorded plat. Lot line adjustment is an Administrative Review and must meet the criteria at Section 26.480.030.A.1 of the Municipal Code. The requirements include a note on the plat acknowledging that no additional development rights will be granted to 210 Sesame as a result of the new lot area. The application for lot line adjustment must include a draft plat for review and comment. Mylar and final signatures occur after all requirements are found to be met. Signature blocks on the plat should include Community Development, City Engineering, Pitkin County Clerk and Recorder, Surveyor, and Title Company. The City will not require that the plat include signature lines for the mortgage holder's of the affected property. Both 210 Sesame and Midland Park Condominiums have PUD overlays. In the case of 210 Sesame, the PUD does not appear to have established any specific requirements for development on the property, other than the typical rights allowed for a property of its size in the R -15 zone district. In the case of Midland Park Condominiums, the PUD is related to a site specific development plan represented by the existing conditions. A reduction in the lot size for this parcel could be an important consideration if expansion is proposed in the future, therefore Community Development requires a separate Insubtantial PUD Amendment application to document the lot size change at Midland Park. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.455.100.A Insubstantial Amendment of PUD Development Order 26.480.030.A.1 Subdivision Exemption, Lot Line Adjustment Review by: Staff for complete application and conformance with Land Use Code Public Hearing: No Planning Fees: $735 Deposit for 3 hours of staff time (additional staff time required is billed at $245 per hour). Please submit separate applications and fees for the Lot Line Adjustment and Insubstantial PUD Amendment Referral Fees: None Total Deposit: $735 per application To apply, submit the following information: ❑ Proof of ownership with payment. ❑ Signed fee agreement. ❑ Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. LITIGATION \2964863.1 s. • ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ❑ Total deposit for review of the application. ❑ 2 Copies of the complete application packet and maps. HPC = 12; PZ = 10; CC = 7; Referral Agencies = 1 /ea.; Planning Staff =1 ❑ An 81/2" by 11" vicinity map locating the parcel within the City of Aspen. ❑ Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) ❑ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. List of adjacent property owners within 300' for public hearing ❑ Copies of prior approvals. ❑ Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)- preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. ❑ Applicants are advised that building plans will be required to meet the International Building Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal addresses these building - related and accessibility regulations. You may contact the Building Department at 920 -5090 for additional information. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. LITIGATION \2964863.1 ALAIN R. DEGRAEVE P.O. Box 7975 Aspen, Colorado 81612 November 2, 2010 Ms. Amy Guthrie City of Aspen Planning Department 130 South Galena Street, Third Floor Aspen, Colorado 81611 Re: Authorization for Representation; City of Aspen Lot Line Adjustment Application Dear Ms. Guthrie: This letter will constitute the authorization for Curtis B. Sanders, Sherman & Howard L.L.C., 201 North Mill, Suite 201, Aspen, Colorado 81611 (telephone (970) 925 -6300) to represent me with respect to an Application for Lot Line Adjustment for my property described as Lot 2, Aspen Electric Subdivision, according to the Plat thereof recorded February 19, 1993 in Plat Book 30 at Page 85 as Reception No. 354093, as amended by the Lot Line Adjustment Plat of Lot 5, Sunny Park North Subdivision and Lot 2, Aspen Electric Subdivision recorded May 24, 2005 in Plat Book 73 at Page 72, Pitkin County, Colorado, and familiarly known as 210 Sesame Street, Aspen, Colorado 81611, together with those additional lands as described in that certain Decree Quieting Title and Order Dismissing Claims With Prejudice recorded on August 27, 2010 as Reception No. 573105, Pitkin County, Colorado, and all matters related thereto, as well as my written consent to the filing and processing of such application with the City of Aspen. Very truly , ours, 't, Alain Gry aeve LITIGATION \2551268 2 MIDLAND PARK CONDOMINIUM ASSOCIATION 101 Midland Park Place P.O. Box 10609 Aspen, Colorado 81612 December 2, 2010 Ms. Amy Guthrie Aspen/Pitkin Planning Office 130 South Galena, Third Floor Aspen, Colorado 81611 Re: Authorization for Representation; City of Aspen Lot Line Adjustment Application Dear Ms. Guthrie: This letter will constitute the authorization for attorney Anne Marie McPhee, Oates Knezevich, Gardenswartz & Kelly, P.C., 533 East Hopkins Avenue, Third Floor, Aspen, Colorado 81611 (telephone (970) 920 -1700) to represent us with respect to an Application for Lot Line Adjustment affecting our undivided interests in the real property described as the Common Elements of the Midland Park Subdivision, according to the Map thereof recorded August 29, 1978 in Plat Book 6 at Page 138 as Reception No. 206861, and as further defined and described in the Condominium Declaration for midland Park Subdivision recorded August 29, 1978 in Book 353 at Page 504 as Reception No. 206860, less certain lands as described in that certain Decree Quieting Title and Order Dismissing Claims With Prejudice recorded on August 27, 2010 as Reception No. 573105, Pitkin County, Colorado, and all matters related thereto, as well as our written consent to the filing and processing of such application with the City of Aspen. Very truly yours, li< Date: // AU JamVsMichael McPhee, Attorney -in -Fact for Midland Park Subdivision Owners, as described in the attached Exhibit A r f r /_ % 7 Date: 12 ;2. /0 Thomas W. Griffiths, Attorney -in -Fact for Midland Park Subdivision Owners, as described in the attached Exhibit'A 0 0 Exhibit A to Authorization for Representation Midland Park Subdivision Association Sara B. Garton, Unit A -10 Peter J. Fomell, Unit D -2 Peggy Johnston Living Trust, Unit A -11 Scott R. MacCracken, Unit D -3 Kenn L. Brooks, Unit A -12 Marisa Post MacCracken, Unit D -3 Timothy LaCroix, Unit A -13 Ronald M. Chauner, Unit D -4 Nicholas G. Milton, Unit A -21 Jackie L. Sheffer Chauner, , Unit D -4 Carrie S. McKenzie - Milton, Unit A -21 Donald Nelson Smith, Unit E -1 Karen Birach, Unit A -22 Judith A. Kolberg, Unit E -1 Catherine Anne Hagen, Unit B -10 Pamela Cunningham, Unit E -2 Cynthia Michele Houben, Unit B -11 Todd E. Welden, Unit E -3 Jill C. Winkler, Unit B -12 Deborah C. Welden, Unit E -3 Jeffrey R. Boyd, Unit B -13 Thomas W. Griffiths, Unit E -4 Susan M. Dodington, Unit B -21 John Bakken, Unit F -1 Anton K. Sponar, Unit B -22 Liza N. Bakken, Unit F -1 Judy Sponar, Unit B -22 Paul S. Perley, Unit F -2 Jeffrey B. Bestic, Unit C -1 Jenifer Blomquist, Unit F -2 David Fuentes, Unit C -2 Scott A. Nichols, Unit F -3 Katherine D. Fuentes, Unit C -2 Brigitte T. Birrfelder, Unit F -3 Paul Higgins, Unit C -3 Deborah Stein, Unit G -10 Kathryn S. Koch, Unit C -4 Greg Jefferson, Unit G -11 John F. Koch, Unit C -4 John Everette, Unit G -12 James Michael McPhee, Unit D -1 RE CEIVED LAND USE APPLICATION C SEC 3 2010 //�ryry���� OF ASPEN PROJECT: Lot 2, Aspen Electric Subdivision and Midland Park Subdivision Lot Line AdjQal DEvELOPINENT Name: (1) Alain Degraeve; and (2) All owners of Midland Park Subdivision common elements as tenants in common, as listed on Exhibit A attached hereto (collectively, "Midland Owners "). Location: (1) 210 Sesame Street, Aspen, Colorado 81611; Parcel Identification No. 273707420002; and (2) 112 Midland Park Place, Aspen, Colorado 81611; Parcel Parcel ID # (REQUIRED) Identification No. 273707412800 (Indicate street address, lot & block number, legal description where appropriate APPLICANT(S): Name: (1) Alain Degraeve (as owner of 210 Sesame Street Property), P.O. Box 7975, Aspen, Colorado 81612; Tel. (970) 948 -2620 Address: Phone #: (2)Midland Owners (addresses set forth on attached Exhibit A) Tel. (970) 920 -1700 (telephone number for Midland Owners' representative Anne Marie McPhee). REPRESENTATIVE: Name: (1) Curtis B. Sanders for Alain Degraeve; (2) Anne Marie McPhee for Midland Owners Address: (1) 201 North Mill Street, Suite 201, Aspen, CO 81611 (Sanders); and (2) 533 East Phone #: Hopkins, Third Floor, Aspen, Colorado 81611 (McPhee) (1) 970 - 925 -6300 (Sanders); (2) (970) 920 -1700 (McPhee) TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ n Variance Expansion ❑ Residential Design X Lot Line Adjustment ❑ Conditional Use ❑ Other: EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Alain Degraeve is the owner of an approximately 18,320 square foot lot located at 210 Sesame Street, Aspen, Colorado 81611 and in the City of Aspen's R -15 Zone District. The Midland Owners are the owners, as tenants in common, of all of the common elements of the Midland Park Subdivision, Aspen, Colorado 81611 which is located in a City of Aspen PUD Overlay Zone District and R/MF Zone District. Alain Degraeve's lands and the Midland Owners' lands are subject to that certain Decree Quieting Title and Order Dismissing Claims With Prejudice recorded on August 27, 2010 as Reception No. 573105, Pitkin County, Colorado, which quieted title in Alain LITIGATION \2757414.2 • Certificate and Disclosure of Ownership ( Degraeve Property) I, Curtis B. Sanders, a duly licensed attorney of the State of Colorado, and as attorney for Alain Degraeve, as Applicant, hereby certify that Alain Degraeve is the record owner of the real property described as follows (the "Property "): Lot 2, ASPEN ELECTRIC SUBDIVISION, according to the Plat thereof recorded February 19, 1993 in Plat Book 30 at Page 85 as Reception No. 354093, as amended by the Lot Line Adjustment Plat of Lot 5, Sunny Park North Subdivision and Lot 2, Aspen Electric Subdivision recorded May 24, 2005 in Plat Book 73 at Page 72, Pitkin County, Colorado (the "210 Sesame Street Property "), together with certain additional lands as described in that certain Decree Quieting Title and Order Dismissing Claims With Prejudice recorded on August 27, 2010 as Reception No. 573105, Pitkin County, Colorado (the "Additional Lands "). I hereby further certify that as of the date hereof, the 210 Sesame Street Property is subject to the following encumbrances of record: 1. 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 as reserved in the United States Patents recorded in Book 175 at Page 168 and Book 175 at Page 171. 2. Restriction contained in instrument recorded in Book 206 at Page 301, providing as follows: That no trailer camps or trailer parks shall be permitted or shall be constructed. 3. Easement Agreement recorded September 16, 1977 in Book 335 at Page 80. 4. Right of way for the Salvation Ditch as revealed by Plat of Sunny Park North Subdivision in Plat Book 3 at Page 52 as Reception No. 122358. 5. Resolution of the Board of County Commissioners of Pitkin County, Colorado, Granting the Aspen Electric Subdivision Exemption for a Lot Line Adjustment, Resolution No. 92 -387 as set forth in instrument recorded November 13, 1992 in Book 694 at Page 447 as Reception No. 350755. 6. Agreement by and between Barry C. Siegel, Sharon L. Siegel and Robert C. Smith and Glenda D Smith, for a Utility Easement for Lot 3 and Lot 5, Sunny Park North Subdivision as set forth in instrument recorded September 22, 1987 in Book 546 at Page 515 as Reception No. 293066. 7. Access Easement granted unto Barry C. Siegel and Sharon L. Siegel as set forth in instrument recorded February 4, 1993 in Book 702 at Page 756 as Reception No. 353649. 8. Subdivision Agreement for the Aspen Electric Employee Housing as set forth in instrument recorded February 19, 1993 in Book 703 at Page 944 as Reception No. 354094. LITIGATION \2771499.1 9. Ordinance No. 62 (Series of 1992) An Ordinance of the Aspen City Council Granting Subdivision Rezoning for Moderate - Density Residential PUD (R -15) to Affordable Housing (AH), GMQS Exemption and Condominiumization, Lot 3, Sunny Park North Subdivision, Park Avenue, Aspen, Colorado as set forth in instrument recorded March 5, 1993 in Book 705 at Page 277 as Reception No. 354575. 10. Easements, rights of way and all other matters as shown and contained on the Sunny Park North Plat recorded in Plat Book 3 at Page 52 as Reception No. 122358; the Siegel - Mascotte Lot Line Adjustment Plat recorded February 19, 1993 in Plat Book 30 at Page 84 as Reception No. 354092; and the Aspen Electric Subdivision Plat recorded February 19, 1993 in Plat Book 30 at Page 85 as Reception No. 354093 and Amended Plat of Aspen Electric Subdivision recorded September 10, 2003 in Plat Book 67 at Page 6 as Reception No. 488179, and Lot Line Adjustment Plat of Lot 5, Sunny Park North Subdivision and Lot 2, Aspen Electric Subdivision recorded June 24, 2005 in Plat Book 73 at Page 72 as Reception No. 510454. 11. Easement Agreement recorded May 29, 2002 as Reception No. 468021. 12. Ordinance No. 46, (Series of 2003), An Ordinance of the City of Aspen City Council Amending the Official Zone District Map Reflecting the Zoning of the Newly Annexed Portion of Aspen Electric Subdivision, Lot 2, 210 Sesame Street, City of Aspen, Pitkin County, Colorado, as set forth in instrument recorded November 6, 2003 as Reception No. 490829. 13. Accessory Dwelling Unit Deed Restriction recorded August 26, 2004 as Reception No. 501191. 14. An Ordinance of the Board of County Commissioners of Pitkin County, Colorado, Authorizing Vacation and Conveyance of Non-Exclusive Easement Across Mollie Gibson Park for Purpose of Access and Landscaping, Ordinance No. 003 -2004, as set forth in instrument recorded February 13, 2004 as Reception No. 494499. and re- recorded August 4, 2005 as Reception No. 513225. 15. Resolution of the Aspen Planning and Zoning Commission Approving an 8040 Greenline Review and Special Review to Vary the Accessory Dwelling Unit (ADU) Design Standards for 210 Sesame Street, Lot 2, Aspen Electric Subdivision, City of Aspen, Resolution No. 04 -11 as set forth in instrument recorded June 9, 2004 as Reception No. 498514. 16. An Ordinance of the Board of County Commissioners of Pitkin County, Authorizing the Partial Settlement of BOCC v. Degraeve and the Conveyance of a Non - Exclusive Easement and Quit Claim Deed, Ordinance No. 001 -2006 as set forth in instrument recorded January 20, 2006 as Reception No. 519986. 17. Easement Agreement between Alain R. Degraeve and the County of Pitkin, Colorado, a Political Subdivision as set forth in instrument recorded February 17, 2006 as Reception No. 520969. LITIGATION \2771499.1 18. Easement, Road Use and Maintenance Agreement by and between Alain R. Degraeve and Jennifer N. Figge and John K. Figge, Trustee of the Thomas K. Figge Qualified Personal Residence Trust as set forth in instrument recorded February 27, 2006 as Reception No. 521247. 19. Release by the Public Trustee of the Deed of Trust from Alain Degraeve for the use of Gibraltar Private Bank & Trust Company to secure $3,000,000.00, dated March 6, 2009 recorded March 11, 2009 as Reception No. 557039. 20. Release by the Public Trustee of the Deed of Trust from Alain Degraeve for the use of Gibraltar Private Bank & Trust Company to secure $1,800,000.00, dated March 6, 2009 recorded March 11, 2009 as Reception No. 557040. I hereby further certify that as of the date hereof, the Additional Lands are subject to the following encumbrances of record: 1. Reservations and exceptions as contained in United States Patent recorded June 28, 1892 in Book 39 at Page 78 as Reception No. 47892 and as contained in United States Patent recorded May 20, 1949 in Book 175 at Page 170 as Reception No. 96345 as follows: the premises hereby granted, with the exception of the surface, may be entered by the proprietor of any other vein or lode or ledge the top or apex of which lies outside of the boundary of said granted premises should the same in its dip be found to penetrate, intersect or extend into said premises, for the purpose of extracting and removing the ore from such other vein, lode or ledge; and right of way thereon for ditches or canals constructed by the authority of the United States. 2. All minerals and mineral rights as excepted in deed recorded April 14, 1960 in Book 190 at Page 325 as Reception No.109504. 3. Easement granted to Holy Cross Electric Association, Inc. recorded August 16, 1972 in Book 265 at Page 978 as Reception No. 153335. 4. Articles of Incorporation of The Midland Park Condominium Association recorded August 10, 1978 in Book 352 at Page 698 as Reception No. 206423 and in the Articles of Amendment to the Articles of Incorporation recorded May 13, 1987 in Book 535 at Page 885 as Reception No. 288761. 5. By -Laws of The Midland Park Condominium Association recorded January 12, 1979 in Book 361 at Page 752 as Reception No 211007 and recorded May 13, 1987 in Book 535 at Page 882 as Reception No. 288760; and as set forth in the Condominium Declaration for the Midland Park Subdivision recorded August 29, 29, 1978 in Book 353 at Page 504 as Reception No. 206860. LITIGATION \2771499.1 6. All matters shown on the Map of Midland Park Subdivision recorded August 28, 1978 in Plat Book 6 at Page 138 as Reception No. 206861. 7. Condominium Declaration for Midland Park Subdivision, recorded August 29, 1978 in Book 353 at Page 504 as Reception No. 206860. 8. Agreement recorded with Aspen/Pitkin County Housing Authority recorded August 16, 1995 in Book 791 at Page 3 as Reception No. 384457. 9. License Agreement recorded Ap . .i? � s Reception No. 392136. 2010 did Dated: December L, Curtis B. Sanders, Attorney Reg. No. 23551 LITIGATION \2771499.1 1 Certificate and Disclosure of Ownership (Midland Property) I, Anne Marie McPhee, a duly licensed attorney of the State of Colorado, and as attorney for the Midland Park Condominium Association, Inc. and the Midland Park Subdivision owners, collectively co- Applicant, hereby certify that the individuals described on Exhibit A attached • hereto and made a part hereof are the record owners of the real property described as follows (the "Property "): The Common Elements of the Midland Park Subdivision, according to the Map thereof recorded August 29, 1978 in Plat Book 6 at Page 138 as Reception No. 206861, and as further defined and described in the Condominium Declaration for midland Park Subdivision recorded August 29, 1978 in Book 353 at Page 504 as Reception No. 206860, less those certain lands as described in that certain Decree Quieting Title and Order Dismissing Claims With Prejudice recorded on August 27, 2010 as Reception No. 573105, Pitkin County, Colorado. I hereby further certify that as of the date hereof, the Property is subject to the encumbrances of record as described on Exhibit B attached hereto and made a part hereof. Dated: December? , 2010 t Anne Marie McPhee, Attorney Reg. No. 3z32-' LITIGATION \2734236 2 Y v Exhibit A to Certificate of Disclosure and Ownership Sara B. Garton, Unit A -10 Donald Nelson Smith, Unit E -1 Peggy Johnston Living Trust, Unit A -1 1 Judith A. Kolberg, Unit E -1 Kerri L. Brooks, Unit A -12 Pamela Cunningham, Unit E -2 Timothy LaCroix, Unit A -13 Todd E. Welden, Unit E -3 Nicholas G. Milton, Unit A -21 Deborah C. Welden, Unit E -3 Carrie S. McKenzie - Milton, Unit A -21 Thomas W. Griffiths, Unit E -4 Karen Birach, Unit A -22 John Bakken, Unit F -1 Catherine Anne Hagen, Unit B -10 Liza N. Bakken, Unit F -1 Cynthia Michele Houben, Unit B -I 1 Paul S. Perley, Unit F -2 Jill C. Winkler, Unit B -12 Jenifer Blomquist, Unit F -2 Jeffrey R. Boyd, Unit B -13 Scott A. Nichols, Unit F -3 Susan M. Dodington, Unit B -21 Brigitte T. Birrfelder, Unit F -3 Anton K. Sponar, Unit B -22 Deborah Stein, Unit G -I O Judy Sponar, Unit B -22 Greg Jefferson, Unit G -11 Jeffrey B. Bestic, Unit C -1 John Everette, Unit G -12 David Fuentes, Unit C -2 Amy Gleason, Unit G -12 Katherine D. Fuentes, Unit C -2 Michael David McCollum, Unit G -13 Paul Higgins, Unit C -3 Shael Johnson, Unit G -13 Kathryn S. Koch, Unit C -4 David H. Webster, Unit G -21 John F. Koch, Unit C -4 Dennis Wilcox, Unit G -22 James Michael McPhee, Unit D -1 Laura E. Calk, Unit G -22 Peter J. Fomell, Unit D -2 David N. Patten, Unit 11-10 Scott R. MacCracken, Unit D -3 Jeanne Marie Ritter, Unit 1-1-11 Marisa Post MacCracken, Unit D -3 James C. Heck, Unit H -12 Ronald M. Chauner, Unit D -4 Sasha Semple, Unit 11-21 Jackie L. Sheffer Chauner, , Unit D -4 LITIGATION \2734236.2 Exhibit B to Certificate and Disclosure of Ownership 1. Reservations and exceptions as contained in United States Patent recorded June 28, 1892 in Book 39 at Page 78 as Reception No. 47892 and as contained in United States Patent recorded May 20, 1949 in Book 175 at Page 170 as Reception No. 96345 as follows: the premises hereby granted, with the exception of the surface, may be entered by the proprietor of any other vein or lode or ledge the top or apex of which lies outside of the boundary of said granted premises should the same in its dip be found to penetrate, intersect or extend into said premises, for the purpose of extracting and removing the ore from such other vein, lode or ledge; and right of way thereon for ditches or canals constructed by the authority of the United States. 2. All minerals and mineral rights as excepted in deed recorded April 14, 1960 in Book 190 at Page 325 as Reception No.109504. 3. Easement granted to Holy Cross Electric Association, Inc. recorded August 16, 1972 in Book 265 at Page 978 as Reception No. 153335. 4. Articles of Incorporation of The Midland Park Condominium Association recorded August 10, 1978 in Book 352 at Page 698 as Reception No. 206423 and in the Articles of Amendment to the Articles of Incorporation recorded May 13, 1987 in Book 535 at Page 885 as Reception No. 288761. 5. By -Laws of The Midland Park Condominium Association recorded January 12, 1979 in Book 361 at Page 752 as Reception No 211007 and recorded May 13, 1987 in Book 535 at Page 882 as Reception No. 288760; and as set forth in the Condominium Declaration for the Midland Park Subdivision recorded August 29, 29, 1978 in Book 353 at Page 504 as Reception No. 206860. 6. All matters shown on the Map of Midland Park Subdivision recorded August 28, 1978 in Plat Book 6 at Page 138 as Reception No. 206861. 7. Condominium Declaration for Midland Park Subdivision, recorded August 29, 1978 in Book 353 at Page 504 as Reception No. 206860. 8. Agreement recorded with Aspen/Pitkin County Housing Authority recorded August 16, 1995 in Book 791 at Page 3 as Reception No. 384457. 9. License Agreement recorded April 26, 1996 as Reception No. 392136. LITIGATION 2734236.2 Page 1 of 2 ArcIMS Viewer i �+ = T n 9 aa5 Res# te' 7 , r r + "CS rtxww . — Fl • awn of Snowmaas V >n8 . �� i . j X915 T115 R87W' p „ ` f r' 2997T123 RB51K ^ � l � _ C Q l C2 S 4 11- • 2 � {y "�r & q• +h ”. O rr .. q f'� ♦ Q ty - ! p Q � , t7x .Y'• � #r[ f -i ce [+L r r a ##�i #T r ( ? �O �'a< 4 4 r.... t Po, e1:.> 1 ' : 'lJ l n',,,, ' " t u } ,..eri __ ;rte w f Nap . y1 , ?n g . , . - a � t ... co ti at- t - 44 ' s C' ' ; . .' k" 2 . : . • % 41/4 ' - ..... \ srs 1 e '. { tq� d � ,4 Y,tI.{,Y 7 ' � "' � 5t$ m ; F ;, . v-I i ' / e. V,� `'^ 5 = . r 4 T 4 ..+ • t, • i Y , -- - [ii qtr ' +. „�,,, „� jj _ --. 4 r- J ' y Y ew c' i' i m 0 y ❑ j� 4 .0 y ° _x TM.,� /'. >i ,, w ` - , a ' to f if 0 , + ^ 7 7 t4j. 1 Y , [ 1 I r . i , ' a 333»1"` M r ✓ f?` SS �, e it I i ``�,yrgi 6 cgs �a a � � . qr `�r 3¢ � � y � i rd '0). ` a j p ! o t � , 7 0 Ci A5 7 LN i1t T ••• iii z, �� % At :. -' Vq , i. i}� � I k : { 1 ~4 /.i " V c a L[ ^ �� S.Cll µ l'Al Alt rt1. i*Il p \ \ J jy 4. " 9yAAfdgA' k , €t, • - f ,' 5 L XG �r. }. i f �' j } .� O 1130 Ain s .n tcl1 2p R1lrr c,,,,, .eDv/ [7 d i ,-.1n [�1n r 15t 11/2/2010 httn: // 205. 170.51. 230 /website /parcels /MapFrame.htm RECEPTION #: 573105, 08/27/2010 at 03:11:46 PM, 1 OF 5, R $31.00 Janice K. Vos , Pitkin County, CO o r - ; z t \ Granted The moving party is hereby ORDERED � � �/� _ tea/ to provide a copy of this Order to any pro C i��y[_" ,, ;, �;,. � 10 d • se parties who have entered an ■ • O, • J 1 ° appearance in this action within days from the date of this order. James B. Boyd DISTRICT COURT, COUNTY OF PITKIN District Court Judge STATE OF COLORADO Date of Order attached EFD.ED Document Court Address: 506 E. Main Street, Suite E CO Pitkin County District Court 9th JD Aspen, Colorado 81611 Filing Date: Aug 22 2010 1:1IPM MDT Filing 1D: 32798651 Review Clerk: Jonas Goldstone Plaintiff: ALAIN DEGRAEVE A COURT USE ONLY A V. Defendants: CATHERINE ANNE HAGEN, SARA B. Case No.: 2009CV159 GARTON, PEGGY JOHNSTON LIVING TRUST, KERRI L. BROOKS, TIMOTHY LACROIX, NICHOLAS Q. Div.: 3 MILTON,.CARRIE S. MCKENZIE MILTON; KAREN BIRACIjI, CYNTHIA MICHELE HOUBEN, JENIFER • BLQMQUIST, PAUL S. PERLEY, JEFFREY R. BOYD, SUSAN M. DODINGTON, ANTON K SPONAR, JUDY SPONAR, JEFFREY B. BESTIC, DAVID FUENTES, KATHERINE D. FUENTES, PAUL HIGGINS, KATHRYN S. KOCH, JOHN F. KOCH, JAMES MICHAEL MCPHEE, PETER J. FORNELL, SCOTT R. MACCRACKEN, MARISA POST MACCRACKEN, RONALD M. CHAUNER, JACKIE L. SHEFFER CHAUNER, JUDITH A. KOLBERG, DONALD NELSON SMITH, PAMELA M. CUNNINGHAM, TODD E. WELDEN, DEBORAH C. WELDEN, THOMAS W. GRIFFITHS, JOHN BAKKEN, LIZA N. BAKKEN, JILL C. WINKLER, SCOTT A. NICHOLS, BRIDGETTE T. BIRRFELDER, DEBORAH STEIN, GREG JEFFERSON, AMY GLEASON, JOHN EVERE 11'E, SHAEL JOHNSON, MICHAEL DAVID MCCOLLUM, DAVID H. WEBSTER, LAURA E. CALK, DENNIS WILCOX, DAVID N. PATTEN; JEANNE MARIE RITTER, JAMES C. HECK, SASHA SEMPLE, THOMAS CARL OKEN, the Public Trustee of Pitkin County, and all unlmown persons who may claim an interest in the subject matter of this litigation DECREE QUIETING TITLE AND ORDER DISMISSING CLAIMS WITH PREJUDICE THIS MAI TER having come before the Court on the Stipulated Motion of the Parties for a Decree Quieting Title and for Dismissal of Claims With Prejudice (the "Stipulated Motion "), and the Court being fully advised in the premises, the Court hereby, j flfl Maw. GRANTS TIC STIPULATED MOTION AND HEREBY ENTERS THE FOL b\V1;tI DECREE AND ORDER: t-^;; Certified to ka a fell, the and diract.copf of tiu r i gi 1 in my custody;: Dr3rr1: • /.2g) !7 Rill y RECEPTION #: 573105, 08/27/2010 at 03:11:46 PM, 2 OF 5, Janice K. Vos Cat ' Pitkin County, CO DECREE QUIETING TITLE: 1. The Court hereby quiets title in Plaintiff Alain Degraeve to those certain parcels of real estate identified in Exhibit A and referred by the parties in the Stipulated Motion as the Overlap Area and Retaining Wall Area. 2. The Court hereby quiets title in Intervenor Midland Park Condominium Association, Inc. and all Defendants save and except Thomas Carl Oken, the Public Trustee of Pitkin County, and all unknown persons who may claim any interest in the subject matter of this litigation, to that certain parcel of real estate identified in Exhibit B and referenced by the parties in the Stipulated Motion as the Landscaping Area. ORDER DISMISSING CLAIMS WITH PREJUDICE: 1. The within action is hereby dismissed with prejudice. 2. Each party shall bear his, her or its own attorney fees and costs. DONE AND SIGNED this _ day of June 2010 BY THE COURT: District Court Judge • 2 S129-105 062310 DECREE RECEPTION #: 573105, 08/27/2010 at 03:11:46 PM, 3 OF 5, Janice K. Vos Caur'kll, Pitkin County, CO PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 SOUTH GALENA STREET, SUITIdLED Document ASPEN, COLORADO 81611 CO Pitkin County District Court 9th JD 970 925 3816 Filing Date: Jun 24 2010 4:32PM MDT 6/23/2010 Filing1D: 31826950 Review Clerk: Jonna Goldstone MIDLAND PARK SUBDIVISION TO LOT 2 ASPEN ELECTRIC SUBDIVISION OVERLAP AREA AND RETAINING WALL AREA A TRACT OF LAND SITUATED MIDLAND PARK SUBDIVISION AS DESCRIBED IN PLAT BOOK 6 AT PAGE 138, SECTIONS 7 AND 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID MIDLAND PARK PROPERTY BEING N 31 °11'38 "W 586.46 FEET OF CORNER NO. 3 OF THE 99 LODE, U.S,M.S. 6899 ; THENCE S. 21 °02' E. 62.90 FEET; THENCE S. 45°24' 29 "W, 28.86 FEET; THENCE N. 17 °00' W. 9.00 FEET; THENCE N. 22 °00' W. 29.00 FEET; THENCE N. 26 °00' W. 24.13 FEET; THENCE N. 45°21' E. 30.99 TO THE POINT OF BEGINNING, CONTAINING 1,672 SQUARE FEET MORE OR LESS S129-105 Overlap and Retaining Wall Areas 062310 Lb v. .f'y. RECEPTION #: 573105, 08/27/2010 at 03:11:46 PM, 4 OF 5, Janice K. Vos Cauc.ill, Pitkin County, CO PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 SOUTH GALENA STREET, SUITE 22 ASPEN, COLORADO 81611 970 925 3816 6/24/2010 MIDLAND PARK SUBDIVISION TO LOT 2 ASPEN ELECTRIC SUBDIVISION LANDSCAPING AREA A TRACT OF LAND SITUATED MIDLAND PARK SUBDIVISION AS DESCRIBED IN PLAT BOOK 6 AT PAGE 138, SECTIONS 7 AND 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE MOST NORTHERLY CORNER OF SAID MIDLAND PARK PROPERTY BEARS N. 21 °02' W. 62.90 FEET; THENCE S. 21 °02' E. 56.35 FEET; THENCE S. 68 °58' W. 9.34 FEET; THENCE N. 56 W. 29.33 FEET; THENCE N. 21°02' W. 21.00 FEET; THENCE N. 45 °24'29" E. 28.86 FEET TO THE POINT OF BEGINNING, CONTAINING 1,134 SQUARE FEET MORE OR LESS 5129.105 Landscaping Parcel Legal 062410 „_ t < +v r Wil RECEPTION #: 573105, 08/27/2010 at 03:11:46 PM, 5 OF 5, Janice K. Vos Cau,t.11, Pitkin County, CO Bah: rd 11_ I ■ , rd. rd ueL. Court: CO Pitkin County District Court 9th JD Judge: James B Boyd Current Date: Aug 22, 2010 Case Number: 2009CV I59 /s/ Judge James B Boyd '.1 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: December 8, 2010 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0078.2010.ASLU —210 Sesame St. The planner assigned to this case is Jessica Garrow. ❑ Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. ✓ Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429 -2759 if you have any questions. Tha You, / I s i 4 i . Wier Phela leputy Director City of Aspe i 1 ommunity Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required SPA PUD COWOP Yes No Subdivision (creating more than I additional lot) - GMQS Allotments Residential Affordable Housing __ Yes No Commercial _ E.P.F. _,_ 73 -0-7- c/- -Z -col oo -g 2oro -- A si- ct File Edit Record Navigate Form Reports Format Tab Help iii J ►X la It/ I 41 J n A Jump 1 ? - t _ 16 9 Ca Al el' J rj iL. - 7 Routing Status Fees Fee Summary. Main Actions Attachments Routing History Valuation ArchjEng Custom Fields Sub Permits 1 cr — — O Permit type aslu Aspen Land Use Permit # 0078.2010.ASLU 1 N - - Address 210 SESAME ST A pt f Suite ° o City ASPEN State CO Zip 81511 Q. ° Permit Information D Master permit Routing queue aslu07 c Applied 1216/2010 n' F Pro Status pending Approved 0 Description LOTLINE ADJUSTMENT Issued l , Final 5ubmitted CURTIS SANDERS 925 6300 Clock Running Days 0 Expires 12/112011 Submitted via Owner Last name DEGRAEVE First name ALAIN 186 UvRIGHTS RD ASPEN CO 81611 Phone ( ) - Address Applicant l] Owner is applicant? ❑ Contractor is applicant? Last name MIDLAND PARK HOA First name Phone ( ) - Cust # 28262 Address Lender Last name First name Phone ( ) - Address Displays the permit lender's address AspenGold5 [server) angelas AM 1 of 1 ,,, Amor A -1 .' 3 S - (I)) 3 j6,e_i. eilill 2 291 .--00,, Y