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Home My WebLink AboutLand Use Case.980 Gibson Ave.0015.2015.ASLU0015.2015.ASLU 980~0 GIBSON AVENUE ~ SUBDIVISION 2737 074 10 001/002 A U- 5/anul 3//7 1 ~ f t/llâ‚¬Axol S U h l- b 1 2.f':: 7=11.- . i B 11 'I j' PATH: G/DRIVE / MANTER FILES/ADMINISTRATIVE/ADMIN/LANDUSE CASE DOCS THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0015.2015.ASLU PARCEL ID NUMBERS 2737 073 20 003 PROJECT ADDRESS 980/990 GIBSON AVE PLANNER HILLARY SEMINICK CASE DESCRIPTION SUBDIVISION REPRESENTATIVE MITCH HAAS DATE OF FINAL ACTION 02.22.2017 CLOSED BY AVALON GUARINO 02.22.2017 7 7 57 - 07 3 - 20 - 00 3 00#5Â·20/5.ASLU file Edit Record Navigate Fgrm Repons Format Iab Help ~ 1@al i@30<B e 4'81. 9- u 4N ,0 i#-le 328Â·~R 4 >>] m*Alump.1 '11014 29@90 1 6 0/1. 8 0 0 2 99@â€¢ 24 ~Custom Relds 11*ting Status |Fee Summarx |Actions IRouting!!istory I Permit type 1 1.â€¢ Aspen Land Use Permit # 0015.2016.ASLU 1 Address 980/990 GIBSON AVE -Â· AM/Suite CM ASPEN , up . ...: State ~F--71 4 81611 I... u,k?ditâ€¢/~////// Master permit Routing queue as lu 15 Applied 03/04/2015 |.3 ~9~ | | Project 1... Status pending Approved v| 1 11 Description APPLICATION FOR SUBDIVISION KNOWN AS UNITS 1 AND 2 OF THE ALPINE ACRES Issued 1, SUBDIVIION ClosedifinaI - Submitted MATT LANGHORSTINC 945.8676 clock li24-| Days |--1 8(pires 02/27/2016 I v submitted via , Owner 01=.11. Last name GIBSON MATCHLESS, LLC First name 1924 PIEDMONT CIR NE ATLANTA GA 30324 Phone (404) 881-0766 Address Applicant Il Owner is applicant? U Contradoris applicant? Last name GIBSON MATCHLESS, LLC IÂ·Â·Â· First name AARON 1924 PIEDMONT CIR NE ATLANTA GA 30324 Phone (404) 881-0766 Cust # 30014 - Address Email AARONBGOLDMAN@ME.COM Lender i Last name 1Â·Â· First name Phone () - Address P.: 1-2 : ~AspenGoldD (uervel awlpla-'~11 of 1 .2 ~0'T -tr 1 .1- 02 * 363 i Gee/\ dep&5 Â·00 el kiwj 1-clf 9 871 2- TL~ fets. Il - -1004440~~ >66410021111 sdne-tjÂ»qki_1 : Re GIBSON AND MATCHLESS SUBDIVISION BI15 PtlÂ§ lill ~N A REPLAT OF UNIT 1 AND UNIT 2, ALPINE ACRES CONDOMINIUMS #1 ACCORDING TO THE CONDOMINIUM MAP RECORDED IN PLAT BOOK 6 AT 7 R /&& 1 :0 PAGE 1 1, AND AS DESCRIBED IN THE CONDOMINIUM DECLARATION THEREOF RECORDED AUGUST 2,1977 IN BOOK 332 AT PAGE 722, AND s r~ 13 THE NORTHERLY PARCEL AND SOUTHERLY PARCEL AS MORE FULLY DESCRIBED IN AMENDED DECREE QUIETING TITLE IN PLAINTIFFS AND -FI ES :,2 CORRECTING CLERICAL ERRORS RECORDED JULY 9,2008 AS RECEPTION NO. 550853 CERTIFICATE OF OWNERSHIP AND DEDICATION SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M. - /1 ////+3 8 kyâ‚¬Â®4.- 1//lib- 1 Â§ N KNOW ALL 11Â£11 gY mIES[ P~~EN. 1~1 +IF f i -J 45 CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO *WA >,Â·All.' ..' imw-1 4' Â·';h-I CCHDOI~IVM U.T. ALP~â‚¬ ... C(~4DO~IMUMS I. ACCÂ¢*.l" I. Ul ./' RECC*ED Â«US' 2. I,77 A.*4 -2-1'4&~Abjâ€¢,t:' J#U 11 11144 : 2&%##Z,4 7 AS 00"ED- DES.=D. . 0-- DE-"# REÂ£- AVO,4, 1 ID" PURPOSE ITATEMENT A MJNOR SUBDIVISION APPROVED PURSUANT TO ASPEN CITY COUNCIL ORDINANCE NO. 21 (SERIES OF 2015) RECORDED AUGUST 4, 20 l 5 AS RECEPnON NO. 622108 FORTHE PURPOSE OF DIVIDINGâ„¢E . I PROPERTIES LEGALLY DESCRIBED ABOVE INTO TWO LOTS OF RECORD AMD TO BE HEREAFTER KNOWN .AS'Lar 1, GIBSON AND MATCHLESS .GU**& M U.W SUBDIVIS]ON'AND'LOTI, GIBSONANDMATCHLESSSUBDIVIS]ON'. #1 +"- -41,1 -#fli.,9/1Le:9rk= 4- . 11-1 COUNrÂ¥ OF Plâ„¢IK STA,E . CCLCRADO, AS 90-, 0* 1,â‚¬ PL,7 1,ID,El 'CC,IDED N PLAT RECCROED,ULY 6, 'D64 5 '----i:.li:*.624 :%..:18ttjf.-- ---. ./ 04tncULARLY DESCR~ED AS Fc*log - Â· 1 1 ' BEGNNINGATmE~EST~YMOS~'CCR)*R CFLOT3%AL~â‚¬ACNES~OOMS~(,ANO.5~AR-/ F ' +4=5:9&Â£i'V 6 PLACE: THENCE ~Â·18~71 ALONG 1)1â‚¬ SOUâ„¢1Â£STE~f UE Â¢F LOT J A DISTAMCE I 63.02 FEET DENCE #11&7&= I 121.- TO A Na 5 -. - 5 -$21 A CISTANCE . 106. 11 '1- 1- - ?68~ 1 0 AND | | Ill fyt - -2---rti~ JOINDER CERTIFICATE PLAT NOTES: $ it!~mt---222 2.1%2*I VAN METER FAMILY UVING TRUST 990 GIBSON AVENUE M uNDERSIGNED lIN HOLCER leâ‚¬BY A-0~ES Dâ‚¬ liCCRC,4G I ~15 ~EI_MIQ-11,IÂ¤~Em I III 1 1 =Min=R:Wi=m--Mwai TO M S..../ F./ ~JUDI~04 PLAr. VICINITY MAP SCALE: r - 200~ =....%// DRANAGE A CrSâ„¢ICE OF ./.ET, melÂ¢Â£ .7,r./.fÂ»,G &(I C~MA~ A 6~?2#D.~ .48Â·50'Int ALONG ./ NOR. ASTERLY UNE 0,5â„¢ICE Cf I23.53 FErr. Tlo,CE N 65~5~411 A DESTANÂ¢E Â¢F 6607 ..... 1Â£ 03/8 rECT I nIE POÂ»IT, HEQI~-G. Sâ‚¬ PAI~EL CONTA-S Jo.788 SQUAE FEET . 0 707 *ORE . LES& . Pmai 9941 LÂ«t., VIC. v.,lic.Â¥ . 3.0- am=A 2~on,9.. A PARY OF ./.... I,AD. 0,4 M PART. /.ER PRCUR. EN OF ANY ./7 TO ASEER, nuT A DISâ„¢C~ DE~LCPMENT RIGHT -5. - STA,E Or nrr,[n'EL 1 IS ALSO SET FÂ¢*1}f ~ DE &.,8,.9Â¢Â»d -Ro,EWEM' AGRE[,ENT REC<*DED AS RECEPmCK ~eER 41 caÂ»ITY, /03:"ELIN_ 8 AipÂ», Aai. u~ I .=.Al ...........CRID............ 1101â„¢EU 'OF SU~ 0-RS HAVE c41*D ng -C 11> . B). 9.5.80 93 _2.2_DAY 1 SJBSC~Â£~ 5~m~ TO W AONOnUDGED 8EF0E ME % &4 DA' OF ~4 0'i -A~Â»ls ARE -BY VACAU AIC Â¢f 1,0 FURTHD~ f<*CE Cm ErfECT UP(,1 71â‚¬ E]CRDA11Â¢N OF 146 ~ i M aBSCN *OLÂ£S5 ~10,~9* PLAT TrrLE CERTIFICATE - - â€¢*SS .......... ~EL Glag.~~TOUSS. LLC /00 Â¢eÂ»â€¢ A.bRE PROPERÂ·â„¢) . m....,.,. 1.7..ber 30 2- eus,es I In~ COUNTY...ADO. HAS Exuâ€¢â‚¬D M nu . ALL LU~S gÂ¥(Â»1 ~PON THIS -21..&!El //A j / -TER.-G ~ST IS f~Ef * aBA OF m ~od. TAXIS * DÂ£L~-~NCE~ EXCOT AS FW~ til M I .,An pia,c 5TCEOr ..2) DArnD m 0...4,6--- 2016 R EACH ...Al HAVE ....TE WATE' TAPS A. 5EP~ATE S[~EM LIA ANO SEPARAYE Â¢Â¢Â»11.ECT~~S FC|| ANY~ 1 MORECOING DECICATK]11 WAS ACK*OCDÂ¢[0 8EFOR[ ME T)~S -16_..v,S+16'r- . 801,1 . T,â‚¬ eprws[ . â„¢[ p,K..rÂ¥ 0,0/I *m.ANANTEE ** B CO.MISSCI "'..1 cK#11-_ -.,~~ ENGINEERING DEPARTMENT REVIEW GÂ« a) 816ll 833 Elâ‚¬#0Â£S ...'02 U DNS PLAT ~AS AE..ED FOR nE EON OF â„¢E ENGÂ»4[Â£111,0 &PARTIâ‚¬MT SAJRMY X 1111NIESS UY HAND AN[) SEAL :*fe'l-1 ...... Ms-21__ DAT op -1Â£EL- 2018. SURVIVOR'S CERTIFICATE NO,5'Mkle-V , 16#~44 eY. -1, U>Â·-Ch Â». - k =lsÂ».ER . 6&215==Watt:=D=*==i:M* 0*2 VAN .TER FA~LY =. -1 {$Â® 0,0SC1i A-* PA,UITY)46141,91 ijcu &22?raT~5*72=.:63DZEFEFIEFTE ~ %7*.76*W::0&'=6W=&:22Â° - A la}TARY ........... C(Â»FLE-G I. CITÂ¥~~ * =Irr OF ./ 1~lf,10UAL I. *PIED 11Â£ Doa~ENT To *1,01 ....TnÂ©Al / All.... NOT ....Sl ACCURACY.. /.U,r. COMMUNITY DEVELOPMENT DRECTOR APPROVAL Al,0 EXCEPnoNS I BTLE .0- N THE MLE CO-nID,TS PREPARED . LAND nTLE OU. ANTIE C,IPANY, -. 00.MIT I DiS 2~ZLNE-~~~ PLAT HAS F BE~[â€¢EO AND.F..O'.. â„¢E OTY .,spEN cc,1.0.,1 0[va(*,Ewi râ€¢1â‚¬Â¢TOR M2IL DAY OF ltF'rmn&&,2Â£1 2018 ./TNESil~(EREOFIMA~â‚¬5EY .AND ...... _~AY .Jh~6~~L /02018 95 M --711 .-9=1:J/*5 j 924~LOPWENT DIRECTOR 9,: 0 CCUNTY I f?*ru 7 RODHEY P KMER. PLS NO 3~2~ CI~i~~~ 2:e PE~~,ULY APPE~ED \ /.O . 1&8 CHYCOUNILAPPROVAL .481:5' * PRO,ED 701 ,4 ~â‚¬ d. 4; CE 70 ~ * PERS*S) -SE IiA~S) IS/ARE SU,SCRIBED TO I........#./0/40&~Â£0CO TO ..AT ....EY ..CUTED ..... 111!S gE~L.6,1.11,&1UL[aASM,Otl PLAT HAS BUN APPROVED AND * DEDICATIONS AND L M U I . RnE' AUT,ocze CAPAd'htek - nu,r I ./. â„¢En geul,e l. â„¢E .Te-,7 nâ‚¬ ME,le,TS HA,â‚¬ 8Â£EN ACCEPTED Br 11â‚¬ CITY COUNCIL Â¢f ASPEN PERS'(9. OR - EN'rr UPÂ¢Â»1 BE,ULF . .H(,1 nâ‚¬ PERS<Â»KS) .TED, E*CUD THE .TlnÂ»O~. %Â§44+4 CLERK & RECORDER'S CERTIFICATE Flir 0%,Uin- Eclo o'CLe_ELM.. + Ld..D*y.2.S.cuz_. e 2016, A~ , OU-r REÂ¢CÂ»Â«)ED DI BOOK -us. PA,2 0 nÂ«S PLAT ]IrAS FkED FCR ' ID I D, Cl'â„¢Â¥ . !1Â£ a.Â£~ 4 REC*ER OF P(~ COUNTf AT 11130 im & <ZfeS' _21_ RECI./ . I . / h I K - WnES&MY HAND AND OFâ„¢Ul SEU- PROJECTNO 'â„¢444Â£4 /64,-4 2141774.00 :. CLDÂ¢K SIC*A-F RECEPTION#:6326~8,09/28/2016. NOTA/'Plk 11:3010*M..OF 3. R$316@Janicâ€¢K Vos Cau~il!, PitkIn Cow~ly, CO PLATBK 116 PG . 1 -EFAt.: MAA.M - ~07Â¤. - I -U~ 'lull CC-O~ All~ ~mA~ Ery#EETEEEk 1 OF*3 TION#: 63 21Â¥GON T Â·ONI 'SN[kiN)NIE)Na AN-1.N NOISLUCEinS S SS'./.1/W -3 nNIAV NOSIS 066 GIBSON AND MATCHLESS SUBDIVISION [3115 PR.~.. EE A * 2 A REPLAT OF UNIT 1 AND UNIT 2, ALPINE ACRES CONDOMINIUMS # 1 ACCORDING TO THE CONDOMINIUM MAP RECORDED IN PLAT BOOK 6 Pa M : 22 AT PAGE 11, AND AS DESCRIBED IN THE CONDOMINIUM DECLARATION THEREOF RECORDED AUGUST 2,1977 IN BOOK 332 AT PAGE 722, 8 . -D AND THE NORTHERLY PARCEL AND SOUTHERLY PARCEL AS MORE FULLY DESCRIBED IN AMENDED DECREE QUIETING TITLE IN PLAINTIFFS AND CORRECTING CLERICAL ERRORS RECORDED JULY 9,2008 AS RECEPTION NO. 550853 r SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M. PURPOSE STATEMENT A MINOR SUBDIVISION APPROVED PURSUANT TO ASPEN CITY COUNCIL CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO G ORDINANCE NO. 21 (SERIES OF 2015) RECORDED AUGUSTA, 2015 AS ~ RECEPTION NO. 822108 FORâ„¢E PURPOSE OF DIVIDING THE SHEET 2 OF* ~3 PROPERTIES LEGALLY DESCRIBED ABOVE INTO TWO LOTS OF RECORD 1 1 . d. TO BE HEREAFTER KNOWN AS 'LOT 1, GIBSON AND MATCHLESS LOT 4Â·BLOCK 1 : / SUBDIVISRON' AND 'LOT 2, GIBSON AND MATCHLESS SUBDIVISION'. ,=29,2.-4 ALPINEACRES SUBDIVISION ~ / LOT 1, GIBSON AND MATCHLESS SUBDIVSION LS W~ ; / 431 112 j SILVER 1 / 4~fy ~ / r,*Aladm~*k~ *TI Alf.CCU-. SI~* ..3 C91*Ca Ay KING DRIVE I /. F'En '04 LEA- sAID SCU"IC?Elet.Y LM 968-0'~+ A DISTANCE (* ,4283 FEET; 1wg~E -al-1 -E r OED * TO ~ SZID * Gle B~ All D-E~ .A CEN~ .'Â·44'00. A DEST-(E I 24.22 FUT, T}â‚¬)1CE SN16'COI A 01Â¥T.I . li 00 FEET 70 A PCÂ»~T ON {BOOK.,PAGE' Â£ 2 ~ / p,,or, * I nâ€ž,r-Â£ .(* 0.$.Â»rT- ,â„¢* (ik / 2 t-=--/&1:10,3-.,m==.79 MATCHLESS . / ~~.-,~ ~ tHE PÂ¢IN~Â¢FBEÂ»~NO; ~nPARCE~CFL~D CCNT-S ~~,587 *~E~EET. 11CR{~US& /~17{D. DRIVE / LOT~GIBSONANDMATCHLESSSUBDIVSION 4 1 I le, I. na .1,0.In Â· Â· ;--1,Â¢ ,InIEm Co~~R 4 0 04:3 . . Â·Â·Â·m x â€žcÂ£ m_ / 1 A PANC~ , L- ING A - or -- Om~â‚¬ * LOT l. 0~Oa( 9. AL,11Â£ AIRES LOT 3 -BLOCK I 1. -~~4*6~I ALPINE ACRES SUBDIVISION s Crul< BE.0 4 PAAECUARLY DISCâ€žED AS FCLLoe 1 1,==.7===i!=17 -A., . 9. / -"M.*f ...44__2. 2 e. 45 9.w# â„¢I' S48.17Â·Â£ ALÂ¢Ho .. ey,Sltil Uâ‚¬ 01.*11Â¢E 4~ t4.66 FEE' ANO LOT 2... - Aâ‚¬~5 - Sle(~i- A (MS#.. 1.8~ FEIT TO A PONT .- ,~ 1 1 # / X f :24 6 ' IN W ALONC SAK: Sounâ„¢lENLY # STAI,CE OF 46Â·/ To A Fo,IT ON TIÂ« fil :R Z LOT 1 + x RACQUETCLUB NORTHERLY PARCEL. ' ~,8~>.4 CONDOMINIUMS EASTER~Y LINE 1,669,002 A DISfANCE of ,~ 00 F.Cl: THENCE Sl,44'0~Â£ A 'SYAN,E of 24 22 flIT. ~/2 ~ /08 0 LEGEND ttl- 1 ,#4 11,587/SQ.FT. I RECEPTION NO. 550853 , / 5&%92~6-6,55: TO nâ‚¬ -T OF 8[ -6. SND P~CU CF - / 46 9 -LESS OTIERUED \ 1 , * 't.Itt, 1>~-~ fi--0-~~= Er*fle ALPINE ACRES SUBDIV1SON / LOTZÂ·BLOCK 1 1 .LESS OURISE MOTED 4, 1 -1, ..1 ,>A / 74 / .ANT OF EASEMENT ' 8 512 / TO.' C. Or .Spel 'OR -C ROAD .0 1 24 I . /, 'flb \ -- / I E UNDENOROUHD U~UnES 80OK .. Wâ„¢ / I e (2,134* SQFT> SOUTi{ERLY PARCEL ./ I Z \ RECEPTION NO 550853 1 , 0' eâ‚¬/ c,m. JACOBIE CONDOM]NIUMS LOT 2 4 - \/i 19,199 SQ.FT. 31 /0 - LOIlÂ·/LOCK' I 44 4 .IF Â»ENCH MARK "\ C -IC C~ I U[G-[ 9 i ~ , 1 16 -1 1 ALPINE ACRES SUBDIVISION ' I See~36'27.â€¢W \ PL AT BOOK 3. PAGE 2 Ir 1.- A I . unl~_, ~ / ,: 9 9 ~ ,....-- SILVER ; 817'52'03'I j :mUrr' KING DRIVE 5 0 12-- :4 13.79' '. .â€ž*.0.1,[I 1- BOOK 3, PAGE 2) M. M M S....17"E 00'RLO.W. 1,Â».... 4*41:z. --w ~ 4~42% 2 /PARK CIRCLE I La UE.I. . : \ 1// a //4 'ME= 1 , AE CONDOMINIUMS I k. \ Z BROWNELL .0.80 CONDOMINIUMS PARKAVENUE GRAPHIC SCALE TOWNHOMES 1 ( DI n. ) 01&&45&%& PROJECTNO /// f 3 1=76 2 OF*3 1 G 90 1: 1 AM, 2 OF 3, Janice K. & aL-0 0..I~E~ -ON[ '9NIH33NIE)N33 N3dSV 3nN3AÂ¥ NOS. Cans SSIÂ·[HalÂ¥W e NOSE119 em GIBSON AND MATCHLESS SUBDIVISION ~5 94\ 16. Eg 9. SNEEr 3 <3 I N 12 6 E t0 CALIFORNIA ACKNOWLE])GMENT CERTIFICATIi A notal public or other orlicer compieong this ceni~cate ven.8 only the klentlly of.. Irld#... whDsignedlhedocur,~nt 'whI. thlsca~c&/oaMached,-dnotthelu~fulnese accufacy orÂ¥011*40!~atdocumt Sta'Of: California County Of Alameda Flplamk=u8117 ; /16 be~ore ine, S.M Ledbetter. Notary Pul. personal v.ppeared..11,0..__Ue.61._14. _t'.6- --. proved I mill the ....'satisfactory evidence to be * per5on(4Â·whose nam[+4 8/2- subscribed to the withjn instrument and acknowledged to me that *U/he/U,a, executed the same iI.ff/hui/U=Â·authori=i cap.Cit)4â€¢14 .r,d thal by.-/ his/-Ir signature,) on the instrument the PIE"014, or the entity upon behaif of whlch the perse,104 acled, executed the instrtmenL 1 certify underrENAL- OF PERJURY underthe Iaw& of the mate of California thai the foregoingparagraphistrueaild correl. WITNESSmyhandaIdomcial'eal. 1 Sig,lah~R S.M.Le,!belter Se' Title of ]Jocumelt G:Lon_,,11.1,11031 IGh- -rot' Number of Pages Muding/#hment_ . 1 Nolary lummiasion Expir.ion Date May 6,20. Notar].Commlision Number: 2152206 Swer 3 oF 3 , 115 PG 91 /28/2016 at 11:30:18 AMI 3 OF 3. Janice K. Vos SUBDIVISION AGREEMENT FOR GIBSON and MATCHLESS SUBDIVISION THIS Sp]DIVISION AGREEMENT (this "Agreement") is made this 52 4/ day of 94FUL- l74/ 2016, between GIBSON MATCHLESS LLC AND VAN METER FAMILY LIVING TRUST (collectively the "Owners") and [I-IE CITY OF ASPEN. a municipal corporation (the "City"). RECITALS: WHEREAS, the Owners own certain real property (the "Property") located at 980 and 990 Gibson Avenue, which Parcel Identification Numbers are 2737-174-10-001 and -002. respectively. and which are legally described as: Units 1 and 2. Alpine Acres Condominiums, #1 according to the condominium map recorded in Plat Book 6 at Page 11, and as described in the Condominium Declaration thereof recorded August 12,1977 in Book 332 at Page 722, and the Northerly Parcel and Southerly Parcel as more fully described in Amended Decree quieting title in plaintiffs and correcting clerical errors recorded July 9. 2008 as Reception No. 550853, Section 7, Township 10 South, Range 84 West of the 6th p.M., City of Aspen, County of Pitkin, State of Colorado. WHEREAS, the Property and above-provided legal description also includes a platted but unused right-of-way formerly known as Silver King Drive, which was acquired through a Quiet Title Action. This quiet titled property includes a 5,603 square foot "Northerly Parcel" and a 6,548 square foot "Southerly Parcel." These "parcels" are only included in the gross lot area and are not included in the net lot area of the two parcels that are created by this Subdivision Agreement (the "Agreement") and the associated Final Plat of the Gibson and Matchless Subdivision (the 'Plat"); and, WHEREAS, the subject properties are zoned R-6, Medium Density Residential; and each of the two lots contains a structure that is listed on the Aspen Inventory of Historic Landmark Sites and Structures; and, WHEREAS, the Owners applied to the City of Aspen for Minor Subdivision approval pursuant to Aspen Land Use Code (the "Code") Chapter 26.480; and. WHEREAS, upon review of the application and the applicable code standards, the City of Aspen Community Development Department recommended approval of the proposed subdivision; and, WHEREAS, on July 13, 2015 the Aspen City Council approved, with conditions. the Gibson Matchless Subdivision pursuant to Ordinance No. 21, Series of 2015 (the "Ordinance"), as recorded at reception number 622108 and which includes a requirement for entering into a Subdivision Agreement for the Property; and, RECEPTION#: 632557, 09/28/2016 at 11:30:17 AM, 1 OF 12, R $66.00 Doc Code SUB AGREE Janice K. Vos Caudill, Pitkin County, CO Subdivision Agreement Gibson and Matchless Subdivision Page 2 o,f j 1 WHEREAS, the City has imposed conditions and requirements in connection with its approval. which matters are necessary to protect, promote and enhance the public health, safely and welfare. and the Owners are prepared to enter into a Subdivision Agreement incorporating such conditions and requirements: and. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and the approval. execution. and acceptance of the Agreement for recordation by the City (at Owners' expense), it is agreed as follows: ARTICLE I. PURPOSE AND EFFECT OF SUBDIVISION AGREEMENT 1.1 Purpose. The purpose of this Subdivision Agreement is to. along with the Subdivision Plat and the Ordinance, set forth the complete and coniprehensive understanding and agreement of the parties with the respect to the future development of the property and to enumerate all terms and conditions under which such development may occur. Notwithstanding this purpose, it is recognized and understood that both affected properties remain listed on the Aspen Inventory of Historic Sites and Structures (the '-Inventory") and will remain subject to the restrictions, allowances and requirements associated with such properties under the terms of the Code, as may be amended from time to time. 1.2 Effect. It is the intent of the parties that this Subdivision Agreement and the Subdivision Plat, together with Ordinance No. 21, Series of 2015, shall effectively supersede and replace in their entirety all previously recorded and unrecorded, City approved. subdivision and other land use approvals and related plats. maps, declarations. and other documents and agreements (collectively, "Superseded Documents") encumbering the Property. All such Superseded Documents shall be rendered null and void in their entirety and have no further force or effect upon the Property as of the date of this Agreement and the associated Plat's recording in the records of the Pitkin County Clerk and Recorder. ARTICLE II. REGULATORY APPROVALS 2.1 Pursuant to Ordinance No. 35, Series of 1987, the Alpine Acres Subdivision was rezoned to R-6 and a 2,486 square foot maximum FAR (as such is measured pursuant to the Code, as amended) per dwelling unit was placed on the properties. 2.2 Pursuant to Ordinance No. 21. Series of 2015, as recorded in the records of the Pitkin County Clerk and Recorder at Reception No. 622108, City Council granted approval of the Gibson and Matchless Subdivision, subject to conditions and Subdivision Agreement Gibson and Matchless Subdivision Page 3 of 11 requirements set forth in the Ordinance in connection with its approval. which matters the City determined are necessary to protect, promote and enhance the public health. safety and welfare. In the event of any inconsistencies between the provisions of the Ordinance and the provisions of this Subdivision Agreement, the provisions of the Ordinance shall control. ARTICLE III. DEVELOPMENT AND USE REQUIREMENTS AND RESTRICTIONS 3.1 Zoning and Development Rights. Each lot shall enjoy and be burdened by the development rights of the applicable zone district (currently R-6. but as may change from time to time) as stated in the Land Use Code. as amended. The development rights are based upon each lot containing a Net Lot Area of 7.808 square feet, regardless of the actual measured lot size. The 7,808 square feet Net Lot Areas are not subject to further reduction. 3.2 Acceptance of Subdivision Plat. Upon execution of this Agreement by all parties hereto, and upon approval of the Subdivision Plat by the Engineering Department and the Community Development Director, the City agrees to approve and execute said plat for the subdivision submitted herewith. Recordation of the Plat is demonstration that the Plat meets the requirements of Section 26.480, Subdivision, Section 26.490. Approval Documents, and Title 29, Engineering Design Standards of the Municipal Code. The Subdivision Plat shall identify all easements ofrecord and contain the following notes: 1. Any buildings spanning cross the lot lines will be removed prior to any substantial redevelopment; 2. Any required public infrastructure shall be constructed in accordance with the City of Aspen's engineering and design standards at the time of the given resulting lot's development and at the expense of that property owner: 3. Each lot shall have separate water taps and separate sewer taps. and separate connections for any additional utility services serving each lot. All tap fees, materials, and connection costs shall be borne at the expense of the property owners; and 4. The driveway access for Lot 1 shall be moved from Gibson Avenue to the Matchless Drive/Herron Drive side of the property prior to any future development. 3.3 Recording. Owner shall cover the cost for the City to record this Agreement and the associated Subdivision Plat, concurrently, in the office of the Pitkin County Clerk and Recorder. The Plat was submitted to staff for review within 180 days of the effective date ofthe Ordinance, as required. Subdivision Agreement Gibson and Matchless Subdivision Page 4 of 11 3.4 Density and FAR. Each lot is restricted to a density not to exceed one (1) single-family home subject to the Floor Area limitation of 2,486 square feet per dwelling unit as stated in Ordinance No. 35, Series of 1987 and as Floor Area is measured pursuant to the tel*nis of the Aspen Land Use Code. Each lot may also have one Accessory Dwelling Unit or Carriage House. which may utilize Floor Area in excess of the 2,486 square feet limit, up to the total allowable Floor Area for each lot. Total allowable Floor Area per lot is 3,493 square feet. 3.5 Historic Landmark Designation. Each lot shall be listed as a designated historic landmark. As such, each lot shall be eligible for the benefits and burdened by the restrictions of the Land Use Code, as amended, for historic landmarks. 3.6 Future Development. All future development on either resulting parcel is subject to Historic Preservation Commission (HPC) review and approval, to the extent required by the Land Use Code. No development will occur on either parcel until the conditions of this Subdivision Agreement are met. 3.7 Setbacks and Removal of Structures. Prior to any substantial development on either lot, any structure that spans across a lot line resulting from the subdivision will be removed. The landmark designated home on Lot 2 shall maintain at least a five (5) feet setback from the lot line adjoining Lot 1, unless otherwise varied by an authority to do so. 3.8 Access. The driveway access for Lot 1 will be relocated from Gibson Avenue to Matchless/Herron Drive, prior to any future development on Lot 1. 3.9 No Further Subdivision. Neither of the resulting lots will be further subdivided to create additional lots. This does not prohibit condominiumization of improvements within an individual lot. 3.10 Waiver of Development Rights on the Southerlv or Northerly Parcels. Both property owners hereby waive any and all existing rights, claims. or causes of action of any right to assert that a distinct development right exists on either the Southerly Parcel or Northerly Parcel that formerly comprised Silver King Drive. 3.11 Utilities. Each lot shall have separate water taps and separate sewer taps, and separate connections for any additional utility services serving each lot. All tap fees. materials. and connection costs shall be borne at the expense o f the property owners. 3.12 Dissolution of Alpine Acres Condominiums. Upon recordation of the final Plat for the Gibson Matchless Subdivision, Alpine Acres Condominiums, including all existing condon-,inium agreements. bylaws. associations, or incorporations will be dissolved and of no further force or effect. Subdivision Agreement Gibson and Matchiess Subdivision P age 5 0.1 11 3.13 Sidewalk Improvements. The Owners of each lot, upon development, shall implement Sidewalk Improvements in accordance with the Gibson Matchless Subdivision Ordinance and applicable plat notes. 3.14 Engineering Requirements. Owner of the first property to develop is responsible for providing the following items for review by the City at Building Permit submittal: 1. Design for Matchless/Herron Drive with a three (3) foot shoulder, a six (6) foot wide swale. and a twenty-two (22) foot driving surface. Owner of this property (Lot 1) will only be responsible for implementing a sixteen (16) foot wide driving surface comprised of road base, the 3-foot shoulder. and the 6-foot swale including a culvert continuing the swale beneath the Lot 1 driveway. 2. Curb and gutter along the front of the Lot (Gibson Avenue). When the Owner of the second Lot redevelops, said Owner will be required to install curb and gutter at that time. 3. Public stormwater improvements including drop inlet. pipe and swale. Because the inlet, swale and pipe provide a stormwater benefit to the neighborhood and not just the property. the City will accept this contribution in place of the fee in-lieu (FIL). The property is still responsible for capturing and treating the Water Quality Capture Volume (WQCV). Since the Lots are not in the Aspen Mountain Drainage Basin, full detention would typically be required; however, the FIL program was implemented so property owners who could show conveyance to the City' s storm system would not have to provide full detention on their properties. The money collected in the FIL program is used by the City to upgrade storm systems in areas where improvements are needed. The new swale, inlet and pipe meet the intent of upgrading stormwater infrastructure where it is needed and. therefore. eliminate the need for on-site detention or a fee in-lieu. 3.15 Financial Sureties. Prior to receiving a building permit for development. Owner(s). as applicable, will commit financial sureties guaranteeing the construction of the required public infrastructure, including sidewalks (if and when required) and stormwater best management practices, in accordance with the City of Aspen's engineering and design standards. 3.16 Vested Rights. The Ordinance and this Agreement between the parties, collectively granting and defining the final approvals for the Project ("Approvals") constitute an approved "site-specific development plan" pursuant to Â§24-68-101, et seq., C.R.S. ('the Vested Rights Statute"). and shall establish and extend vested property rights to use and develop the Property in the manner contemplated by the Approvals pursuant to the Vested Rights Statute until three (3) years from the issuance of the development order for the Project (the "Vesting Period Expiration Date'). The effective date of the Development Order that was issued by the City of Aspen Community Development Department is August 12, 2015. and the vested rights associated therewith shall expire on August 12,2018 unless duly extended by the parties. This Subdivision Agreement shall be considered a 'development agreement" as that term is used in Â§24-68-104, C.R.S., and Subdivision Agreement Gibson and Matchless Subdivision p age 6 of 1 1 shall include the right to develop and use the Property in the manner permitted under the Approvals, as well as the period of vested property rights associated therewith for the term defined herein. ARTICLE IV. NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS In the event that the City Council determines that Owner is not acting in substantial compliance with the terms of this Subdivision Agreement, the City Council shall notify Owner in writing specifying the alleged non-compliance and ask that owner remedy the alleged non-compliance within such reasonable time as the City Council may determine, but not less than thirty (30) days. If the City Council determines that owner has not complied within such time, the City Council may issue and serve upon Owner a written order specifying the alleged non-compliance and requiring Owner to remedy the same within thirty (30) days. Within twenty (20) days of the receipt of such order. Owner may file with the City Council either a notice advising the City Council that it is in compliance or a written petition requesting a hearing to determine any one or both of the following matters: A. Whether the alleged non-compliance exists or did exist, or B. Whether a variance, extension of time or amendment to this Subdivision Agreement should be granted with respect to any such non-compliance that is determined to exist. Upon the receipt of such petition. the City Council shall promptly schedule a hearing to consider the matters set forth in the order of non-compliance and in the petition. The hearing shall be convened and conducted pursuant to the procedures normally established by the City Council for other hearings. If the City Council determines by a preponderance of the evidence that a non-compliance has not been remedied, it may issue such orders as may be appropriate, including the imposition of daily fines until such non-compliance has been remedied, the withholding of permits and/or certificate of occupancy as applicable; provided, however. no order shall terminate any land use approvals. The City Council may also grant such variances, extensions of time, or amendments to this Subdivision Agreement as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City Council shall not unreasonably refuse to extend the time periods for performance hereunder if Owner demonstrates by a preponderance of the evidence that the reasons for the delay(s) which necessitate said extension(s) result from acts of God or other events beyond the reasonable control of Owner, despite good faith efforts on its part to perform in a timely manner. ARTICLE V. GENERAL PROVISIONS Subdivision Agreement Gibson and Watchless Subdivision Page 7 of 1 1 5.1 Notices. Notices to the parties shall be sent in writing by U.S. certified mail. return receipt requested. postage prepaid. Such notices shall be deemed received. if not sooner received. three (3) days after the date of the mailing of the same. To the Owners: Gibson Matchless LLC c/o Aaron Goldman 1924 Piedmont Circle NE Atlanta, GA 30324 Van Meter Family Living Trust 1352 Bay Street Alameda, CA 94501 To the City: James R. True, City Attorney City of Aspen 130 South Galena Street Aspen, CO 81611 The parties hereto shall have the right from time to time to change their respective addresses, and each shall have the right to specify as its address any other address within the United States of America by at least five (5) days written notice. 5.2 Binding Effect. The provisions of this Agreement shall run with and constitute a burden on the land and shall be binding upon and inure to the benefit of the Owners, their successors and assigns, and to the City and its successors and assigns. 5.3 Amendment. This Agreement may be altered or amended only by written instrument executed by all parties hereto, with the same formality as this Agreement was executed. 5.4 Severability. If any provision, paragraph, sentence, clause. phrase. word, or section of this Subdivision Agreement is determined to be invalid, such invalidity shall not affect the remaining provisions hereof. 5.5 Headings. Numerical and title headings contained in this Subdivision Agreement are for convenience only. and shall not be deemed determinative of the substance contained herein. 5.6 Execution. Upon the execution of this Subdivision Agreement by all parties hereto, City agrees to approve and execute the Subdivision Plat and to accept the same for recordation in the Office of the Clerk and Recorder of Pitkin County. Colorado, upon payment of recordation fees by Owner. Subdivision Agreement Gibson and Matcbless Subdivision Page 8 Ofil 5.7 Existing Litigation. This Subdivision Agreement shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. 5.8 Choice of Law. This Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. 5.9 Entire Agreement. This Agreement contains the entire understanding between the parties hereto with respect to the Sllbject matter hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. [Remainder of page intentionally left blank] Subdivision Agreement Gibson and Matchless Subdivision page 9 of 1 1 OWNERÂ· By: ji- Gibson Matchless LLC By: Aaron Goldman, Manager STATE OF GUSCA ) COUNTY 0 Fr<J toÂ« }ss. 1 he foregoing was sworn and subscribed to before me this / ~ day of ~efkf YAbf C , 2016. by Aaron Goldman, Manager of Gibson Matchless LLC, owner. Witness my hand and official seal. Mycommission expires )6~/2~/2 : -11 f,$YAâ€ž 1 ,1 Cv w-Arl A Â· 1 V 1,~ -n Notar-y~,blic ~4':pss,~4 243* OWNER: 2 2/3 21A/4 8 1 i2 -.O.- i<~ -. 4*L_~14 1-12 0 -:21 AUBL\Z' 23'i G E -&..O 0. e 2 9/ <.%4?OBER 13:>'49,~ .%0*2 H 1> Van Meter Family Living Trust "',111111~~\ STATE OF ) ) SS. COUNTY OF ) The foregoing was sworn and subscribed to before me this day of , 2016, by the Van Meter Family Living Trust. as owner. Witness my hand and official seal. My commission expires Notary Public See Attached Jurat . 0 CALIFORNIA JURAT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State Of: California County Of: Alameda Subscribed and sworn to (or affirmed) before me on the 81 I, day of.Z~k.6.r, 2016 bÂ£51ep\,en 6*el,lar \An Meler - , proved to me on the basis of satisfactory evidence to be the personÂ¢4 who appeared before me. ~-' S. M. LEDBEÂ¥TER 1 COMM. # 2152206 <n ~NOTARY PUBLIC â€¢CALIFORNIA g SANTA CLARA COUNTY a L===mal Signature: S.M. Ledbetter Seal Title of Document' dju Le'ivittion A,ree...FRI (1:1*- a.j M.LLIa" 3~16Â·si. Total Number of Pages including Attachment: 2, Notary Commission Expiration Date: May 6,2020 Notary Commission Number: 2152206 &t,1& Subdivision Agreement Gibson and Matchless Subdivision Page 10 of 1 1 APPROVED: 47_ r- ~james R. True. City Attorney THE CITY OF ASPEN, COLORADO ATTEST: a municipal corp*ation By: 94- 14, By: L/~vua Wlf}UU-/4 3 SteveAMkadrbn, Mayor Linda Manning, City Clerk l STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing was sworn and subscribed to before me this ~,9~ day of &~tomwf V , 2016, by Steven Skadron and Linda Manning, as Mayor and City Clerk. respectively, of the City of Aspen. a Municipal Corporation. Witness my hand and official se@l. My commission expires M ~ 66 [4 1.-0- .404- Nebvv~ - Notary Public TARA L. NELSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20014030017 MY COMMISSION EXPIRES 09/26/2017 [Remainder of page intentionally left blankl Subdivision Agreement Gibson and Matchless Subdivision Page 11 of 11 MORTGAGEE CONSENT CERTIFICATE The undersigned being the holder of a lien on the Property pursuant to a Deed o f Trust (the "Deed of Trust") recorded on March 24, 2011 as Reception Number 578607, hereby consents to and approves the recording of this Subdivision Agreement, and hereby agrees that any foreclosure o f the Deed of Trust will not affect the validity o f this Subdivision Agreement, which will remain in place following any foreclosure, and hereby subordinates the lien o f said Deed o f Trust to the matters set forth herein. Executed this 30th day of August, 2016. CitiMortgage, Inc. ./.7 1 BY. ~GrA- ii dÂ·N -Â·,c j--2 ~son LaRocca ee: Assistant Vice President STATE OF MARYLAND ) ) SS. COUNTY OF MARYLAND ) The foregoing Mortgagee Consent Certificate was acknowledged before me this 30th day of August, 2016 by Jason LaRocca as Assistant Vice President of CitiMortgage, Inc. Witness my hand and official seal. My commission expires: September 30,2019 <256*-WA# ;27*OTAR 10 1 Saundra W. Pierce, Notary Public ~ ~PUBUG '4*~COUNTY ,* " RECEPTIO , 559, 09/28/2016 at 11:30:19 A 1 OF 7, R $41 00 Doc Code EASEMENT Janice K. Vos Caudill. Pitkin County, CO EASEMENT AGREEMENT This Easement Agreement is entered into this 2 9 day of September, 2016. by and between STEPHEN VAN METER, Trustee of the VAN METER FAMILY LIVING TRUST u/a/d May 17,2001 ("Grantor'), whose address is / 3 5...4 /0~,7 5-,f and whose mailing address is -Sk_,-,2 i , Alameda, California*/5-6/' and THE CITY OF ASPEN, COLORADO ("Grantee -). RECITALS: A. Grantor owns the real property described on Exhibit A attached hereto and incorporated by this reference (the "Property"). B. Grantee requires certain easenient rights across the Property iii connection with a ditch that traverses the Property as shown on Exhibit B attached hereto and incorporated by this reference (the "Ditch"). The parties hereto recognize that Grantee is not the sole owner of all water rights carried in the Ditch but that Grantee undertakes operation, maintenance. cleaning, repair and replacement of the Ditch and related infrastructure on the Property. C. Grantor and Grantee have determined that it is in their best interests to enter into this Easement Agreement in order to define the scope and extent of Grantee's easement rights over, upon, in, across, and through the Property. THEREFORE IN CONSIDERATION of the promises and agreements set forth below. and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Grant of Easement. Grantor does hereby grant and convey to the Grantee a perpetual non-exclusive easement and right of way (the "Easement") for the purposes of access to and inspection, use, operation, cleaning, maintenance, repair and replacement of the Ditch and related infrastructure over, upon, in, across and through, the Easement portion of the Property. The Easement includes the right to construct, install and maintain structures on the Easement, such as measuring devices, augmentation stations. and other infrastructure required to implement the rights herein granted. The location of the Easement on the Property is shown on Exhibit B. This grant of this Easement shall run with the land for the benefit o f the Grantee, and shall be binding upon the property and inure to the benefit of the Grantee, and its successors and assigns. 2. Use of Easement Premises by Grantee. The Grantee's agents. employees, contractors and other designated persons may go upon the Easement at all reasonable times. to undertake routine inspection. use. operation. maintenance, repair and replacement of the Bitch and related infrastructure. In the event the Grantee plans major repairs or replacement of infrastructure within the Easement premises, it shall provide Grantor with reasonable advance notice of the work to be undertaken, meaning at least one week advance notice, and the estimated time of completion. Notwithstanding the foregoing. the Grantee may go upon the Easement premises at any time in the event of any emergency situation or condition. and undertake such repair or replacement activities as it deems necessary to properly resolve the emergency situation. After the exercise of any of its rights hereunder. the Grantee shall grade, re-seed or re-sod if necessary to restore the surface of the ground to its former condition and contour; provided however, that the Grantee shall not be required to restore or replace any trees. bushes. brush, gardens or other vegetation on the Easement premises, or any structures or paving thereon. 3. Use of Easement Premises by Grantor. Grantor shall retain the right to use and enjoy the Property including the Easement premises so long as such use and enjoyment do not interfere with the Grantee's rights hereunder. and provided that Grantor shall not install any obstructions or permanent encroachments on the Easement premises, including but not limited to fences, buildings, gates, or other structures, or trees. or deep-rooted vegetation. Shallow rooted vegetation, brush, gardens. and similar landscaping is permitted: but if Grantee must remove the same it will not be required to restore or replace any such landscaping within the Easement. In the event any prohibited obstructions or encroachments are erected or installed, upon the Easement premises notwithstanding this paragraph, Grantor understands and agrees that such obstructions or encroachments may be removed by the Grantee at Grantor's cost, and that the Grantee shall have no responsibility or liability for any damage or destruction of the encroachments as a result of such removal. The foregoing notwithstanding, Grantor shall not be responsible to prevent or remove or pay for the removal of any trees or other natural encroachments that exist as of the date of this agreement or that are the result of nature. In the event Grantor discovers an emergency condition pertaining to the Ditch and related infrastructure, Grantor shall make reasonable attempts to promptly notify the Grantee of such condition. 4. Liability to Others. Each party shall be responsible for any and all claims, demands, actions, losses, liabilities, or expenses of whatever sort, including attorney fees, that are incurred by any person or entity arising out of or in connection with such party's use or occupation o f the Easement premises, or the use or occupation the Easement premises by its agents, employees, contractors, invitees or licensees: provided, however, that nothing herein shall be construed to abrogate or diminish any protections and limitations afforded to any assignee or Grantee that is protected by the Colorado Governmental Immunity Act, C.R.S. Â§ 24-10-101 et seq. as amended. or other law. In the event the Grantee and Grantor, or their respective officers. directors, members, employees, agents, contractors. representatives, heirs or assigns may be held jointly and severally liable under any statute, decision, or other law providing for such joint and several liability for their respective activities on the Easement premises, the obligations of each to respond in damages shall be apportioned. as between the Grantee and Grantor, in proportion to the contributions of each as measured by the acts and omissions of each which in fact caused such legal injury. damage or harm. 5. Notices. All notices required to be given shall be deemed given upon deposit in the United States mail, first class postage prepaid. properly addressed to the person or entity to whom directed at its address shown herein. or at such other address as shall be given by notice pursuant to this paragraph. Grantor's Address: Van Meter Living Trust. u/a/d 05.17.2001 1352 Bay Street Alameda, California 94501 Email: steve@suredude.net Grantee's Address: City of Aspen Utilities Operations Manager 130 S. Galena Street Aspen. Colorado 81611 Email: Notwithstanding the foregoing, either party may notify the other of emergency conditions by direct delivery of notice to the address shown herein, or by telephone or email at the last known telephone number or email address of the party to whom the notice is directed. 6. Binding Agreement- Recording. This Easement Agreement is binding upon the parties hereto, their successors and assigns, and any sale of the Property, or any portion thereof shall be subject to this Easement Agreement. This Easement Agreement shall be recorded with the Pitkin County Clerk and Recorder, and shall impose an easement and covenants running with the land upon the Property. Deeds to subsequent owners of the Property shall provide notice of this Easement Agreement and the obligations contained herein. Grantee may assign this Easement Agreement and all rights and obligations hereunder to successor owners of the Ditch water right. 7. Governing Law: Venue: Attorneys' Fees. This Easement Agreement and the rights and obligations ofthe parties hereunder shall be governed by and construed in accordance with the laws of the State of Colorado. Venue for all actions arising under this Easement Agreement shall be Pitkin County, Colorado. In the event legal remedies must be pursued to resolve any dispute or conflict regarding the terms o f this Easement Agreement or the rights and obligations of the parties hereto, the prevailing party shall be entitled to recover costs incurred in pursuing such remedies, including expert witness fees and reasonable attorney fees. 8. Authorization of Signatures. The parties acknowledge and represent to each other that all procedures necessary to validly contract and execute this Easement Agreement have been performed and that the persons signing for each party have been duly authorized to do so. 9. Counterparts. This Easement Agreement may be signed using counterpart signature pages, with the same force and effect as if all patlies signed on the same signature page. IN WITNESS WHEREOF, the parties have executed this Easement Agreement as of the date and year first above written. GRANTOR: Van Meter Living Trust:~ u/a/A 05.17.2001 ixA AA h ' C By:Â«414â€žu 4Fk~- flicl,UL (Seal) STEPHEN VAN METER, Trustee A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of thatdocument STATE OF CALIFORNIA ) COUNTY OF Alame,6 ) 02.f)aple.mber 8+6 2016 before me '5. M. LacIKetter ---- , a Notary C-0.- Public, personally appeared -516phen (2041 er \L Mater - who proved to me on the basis of satisfactory evidence to be the personÂ¢*4 whose nameÂ¢4 istam. subscribed to the within instrument and acknowledged to me that he/che,they executed the same in hisle*Ahe4* authorized capacity+4, and that by his/beAhe+r signatureÂ¢G) on the instrument the personÂ¢*, or the entity upon behal f of which the person(*4 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws o f the State of Cali fornia that the foregoing paragraph is true and correct. r,Â·===vaBBETTER~~ COMM # 2152206 w WITNESS my hand and official seal. 4RY PUBLIC â€¢ CALIFORNIA g ;ANTA CLARA COUNTY - Iission Expires MAY 6,2020 > Signature (Seal) Notary Public [Signatures continue on following page] GRANTEE: THE CITY OF A~PEN, COLORADO By: 4 4,1 - Name: 6124 4 97 3 Title: L(490/ ATTEST: By:0~lk #4 Mil/1(0 1 Name: Cleda Uan,dl %6 Title: C <41 0(9/A- 6 00.9.Y,9:~.&~~ ~::, [MUNICIPAL SEAL] SiaÂ· :6- V. 4Â¥.Â· 1 tÂ¥,i~Â¥3Sj APPROVED AS TO FORM: ~-&4. al...:;fÂ·.: By: .1,-5 2*7[Es-- - (Seal) Name: /:C- 27- CitbAt{Grney STATE OF &1*20 , ) SS. COUNTY OF fit kin , The foregoing Agreement was acknowledged before me this'24, day of ~*Mber, 2016, by kpigen 4160& Foh , as Mon , as , and , as WITNESS my hand and official seal. My Commission expires: TARA L. NELSON NOTARY PUBLIC ''U, Ntle<,1, STATE OF COLORADO NOTARY ID 20014030017 Notary Public MY COMMISSION EXPIRES 09/25/2017 EXHIBITS: Exhibit A: Legal Description of the Property Exhibit B: Location of Easement EXHIBIT A Property Legal Description: LOT 2, GIBSON AND MATCHLESS SUBDIVISION, according to the Plat thereof recorded September;-6.2016, as Reception No<o 5 2 588. EXHIBIT B Location of Easement DITCH EASEMENT EXHIBIT GIBSON AND MATCHLESS SUBDIVISION SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M. COUNTY OF PITKIN, STATE OF COLORADO N 62*03'48"E- 10 73' 1 396 SOUTHERLY PARCEL 4. 3/ 40>,GIA 1 RECEPTION NO 550853 % I kito 3-, 0, <7 6 +115 91-1 / 251> --1 \ I.-11 + PROPOSED LOT 2 GIBSON AND MATCHLESS SUBDIVSION 0.96 /1 0. 4, + 31â‚¬91'I: I ~,4* i. 4 4 11111.. ..1. j \ e /,~ j'.1 1 f A Â¥ Ph / 2 4,4 11't' 4 1 / LOT 1 - BLOCK 1 P -1 1 ALPINE ACRES SUBDIVISION -DITCH EASEMENT PLAT BOOK 3 PAGE 2 11. 4. 1,6901: S.F. Â£ 121 * -4 0 -47 4- -0 2 ' :,1. es & W \ ep 07 911 1. f 1 26/ \ \ ./56 / /.0 ur) / *-540'04'34"W 29. .1,2 2 . / 13.18' #Il- Gbi i 520'01'21"W Aairgge 7.03 e 0. Elf,3 5, ' ~ 38215 /8/ / .2 22 : 2 4\,Â· "â€¢14*Â» WAKAL LAV 1 POINT OF BEGINNING 4-40 SE CORNER Of LOT 1. BLOCK 1 ALPINE ACRES SUBDIVISON CLICELEASEMENT / A PARCEL OF LAND SITUATED IN SECT1ON 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OFF PITKIN, STATE OF COLORADO; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1, BLOCK 1 OF ALPINE ACRES SUBDIVISION RECORDED IN PLAT BOOK 3 AT PAGE 2 OF THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE; THENCE N66'09'00"W ALONG THE SOUTHERLY UNE OF SAID LOT 1 A DISTANCE OF 22.77 FEET; THENCE LEAVING SAID SOUTHERLY UNE ALONG A UNE THAT IS 10 FEET PERPENDICULAR TO THE CENTERUNE OF AN EXISTING DITCH THE FOLLOWING TEN (10) COURSES: 1.) N5146'19"E A DISTANCE OF 12.63 FEET; 2.) N20 01'21"E A DISTANCE OF 10.56 FEET; 3.) N4004'34"E A DISTANCE OF 13.41 FEET; 4.) N2118'21Â»E A DISTANCE OF 10.82 FEET; 5.) N 08-01'15"E A DISTANCE OF 11.49 FEET; 6.) N32'43'52'E A DISTANCE OF 14.58 FEET; 7.) N6215'31"E A DISTANCE OF 10.90 FEET; 8.) N5112'23"E A DISTANCE OF 12.79 FEET; 9.) N52'47'50"E A DISTANCE OF 11.01 FEET; 10.) N62'03'48Â»E A DISTANCE OF 10.73 FEET TO A POINT ON THE NORTHEASTERLY UNE OF A PARCEL OF LAND RECORDED AS RECEPTION NO. 550853 IN THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE; THENCE S48'50'17"E ALONG SAID NORTHEASTERLY UNE A DISTANCE OF 10.15 FEET TO THE NORTHEAST CORNER OF SAID PARCEL OF LAND; THENCE LEAVING SAID NORTHEASTERLY UNE ALONG THE EASTERLY UNE OF SAID PARCEL OF LAND THE FOLLOWING THREE (3) COURSES: 1.) 556'36'27Â»W A DISTANCE OF 22.65 FEET; 2.) S53'34'06*W A DISTANCE OF 26.11 FEET; 3.) 97'52'03"W A DISTANCE OF 13.79 FEET TO A POINT ON THE NORTHERLY UNE OF THE AFOREMENTIONED LOT 1 OF ALPINE ACRES SUBDIVISION; THENCE LEAVING SAID EASTERLY LINE ALONG THE NORTHERLY OF SAID LOT 1 S4830'38Â»E A DISTANCE OF 10.77 FEET TO A POINT 10 FEET PERPENDICULAR TO AN EXISTING DITCH; THENCE ALONG SAID PERPENDICULAR UNE THE FOLLOWING THREE (3) COURSES: 1.) S2178'21"W A DISTANCE OF 15.00 FEET; 2.) S40-04'34"W A DISTANCE OF 13.18 FEET; 3.) S20'01'21"W A DISTANCE OF 7.03 FEET TO A POINT ON THE EASTERLY UNE OF THE AFOREMENTIONED LOT 1 OF ALPINE ACRES SUBDIVISION; THENCE ALONG SAID EASTERLY UNE S37'48'15Â»W A DISTANCE OF 12.87 FEET TO IME POINT OF BEGINNING: SAID PARCEL OF LAND CONTAINING: 1,690 SQUARE FEET MORE OR LESS. DRAWN BY SCALE~ RPK 1" -20 HIGH COUNTRY ENGINEERING. INC ,AARON GOLDMAN Cl,ECKED BY PROJECT NO 1517 BLAKE AVENUE, STE 101 CITY OF ASPEN RPK 2141774 GLENWOOD SPRINGS, CO 81601 PHONE (970) 945-8676 FAX (970) 945Â·2555 EXHIBIT DAT'lEi PAGE 08Â·1616 10/1 WWW.HCENG.COM DITCH EASEMENT FILE Page 1 of 1 *82504* Print Date: Pitkin County Transaction #: 82504 9/28/2016 11:30:37 Janice K. Vos Caudill Receipt #: 201606037 Clerk and Recorder AM Cashier Date: 9/28/2016 11:30:29 AM 530 East Main Street (PNADON) Aspen, CO 81611 (970) 429-2707 www.PitkinClerk.org Custonier Information Transaction Information Payment Summary DateReceived: 09/28/2016 Over the Source Code: Counter () HAAS LAND PLANNING LLC Over the 420 E MAIN ST Q Code: Counter Total Fees $138.00 SUITE B10 Return Code: Over the Total Payments $138.00 ASPEN, CO 81611 Counter Trans Type: Recording Agent Ref Num: 1 Payments ~iMhi $138.00 [ElzE! CHECK 3469 3 Recorded Items BK/PG: 0/0 Reception:632557 Date:9/28/2016 [12] (SUB AGREE) SUBDIV1SION 11:30:17 AM AGREEMENT From: To: Recording @ $11 for 1pg and $5 for 2 or more 12 $66.00 pgs $1 Surcharge El) BIUPG: 115/89 Reception:632558 Date:9/28/2016 :14 2 1 LEI-1 (PLAT) PLAT 11:30:18 AM From: To: Plat Recording@ $10 perpage $1 Surcharge 3 $31.00 BK/PG: 0/0 Reception:632559 Date:9/28/2016 R.12.1 C EASEMENT) EASEMENT 11:30:19 AM From: To: Recording @ $11 for 1 pg and $5 for 2 or more 7 $41.00 pgs $ 1 Surcharge 0 Search Items 0 Miscellaneous Items file:///C:/Program%20Files%20(x86)/RecordingModule/default.htm 9/28/2016 Memorandum From: James R. True To: Mitch Haas Haas Land Planning, LLC CC: Hillary Seminick Planner I Community Development Department Hailey Guglielmo, EIT Civil Engineer I City of Aspen Engineering Department Date: April 15,2016 RE: Gibson Matchless Subdivision - Engineering Plat Note Comments I have been involved in the development o f these properties in the Gibson Matchless Subdivision since prior to the commencement of litigation regarding the properties in 2009. I am familiar with all of the issues regarding the proposed Plat notes submitted by the City' s Engineering Department. This memo has been prepared to outline my opinions regarding the request for specific plat notes requested by the Engineering Department to be added to the Plat that must be prepared consistent with the requirements of Ordinance 21, Series 2015. As some background, on July 13,2015, City Council approved Ordinance 21, Series of 2015. This granted approval of a minor subdivision of the properties of the applicants creating what is being referred to as the Gibson Matchless Subdivision. The Ordinance specifically addresses requirements of the Plat that is to be recorded. Section 2, o f the Ordinance states: Two original signed plats that meet the requirements of Land Use Code Section 26.480, Subdivision, Section 26.490, Approval Documents, and Municipal Code Title 29, Engineering Design Standards shall be submitted to the City of Aspen for recordation with the Pitkin County Clerk and Recorder within 180 days of final approval. The final plat shall include: a. A plat note stating that the driveway access for Lot 1 shall be moved from Gibson Avenue to Matchless Drive prior to any future development, b. A plat note stating that any buildings spanning across lot lines shall be removed prior to any substantial redevelopment, c. A plat note stating that any required public infrastructure, including sidewalks and stormwater best management practices, shall be constructed at the expense o f the property owners, and in accordance with the City of Aspen's engineering and design standards, d. A plat note stating that each lot shall have separate water taps and separate sewer taps, and separate connections for ally additional utility services serving each individual lot. All tap fees, materials and connection costs shall be borne at the expense of the property owners, and e. The identification of all easements. Based on this provision, the Engineering Department has submitted the following plat notes that you have found objectionable: The first property to develop is responsible for the providing following items for review at Building Permit submittal: 1. A proposed grading/layout of the Matchless Dr/Herron Dr and Silverking Dr intersection. 2. Include a widened shoulder along Matchless Dr/Herron Dr for pedestrian access with the potential to become a sidewalk in the future. 3. A drainage swale along Matchless/Herron Dr is required for street drainage on at least one side of the road (preferred on both sides of the road). 4. Turning motions that show the proposed layout of the Matchless Dr/Herron Dr and Silverking Dr intersection can accommodate fire truck turning radii and emergency ingress/egress. Show public utility and drainage easements: 10' width on the rear lot lines and 5' width on the side and front lot lines. These easements are required for drainage purposes. I recognize your argument that this seems to be a significant request for a minor subdivision and that had these requirements been specified at the time of the approval, the approval may have specifically addressed these items. However, I must disagree with your attempt to dismiss the requirements of the engineering department as merely "blanket approval language. ,0 Development of the property requires compliance with the City's codes, including Title 29, Engineering Design Standards. Section 2, particularly subsection (c), ofthe ordinance clearly directs that these obligations be set forth on the plat itself. I also recognize that in referral comments the Engineering staff referred to review standards of a Major Subdivision. However, this is irrelevant. Title 29 applies to all construction and applications under Title 26. Although the review standards may be distinct, the construction still must comply with Title 29 and those requirements by the terms o f the ordinance must be set forth in the plat. Finally, there is an implication in an email to staff, that the specific language within the proposed plat note are incorrect. For instance, you suggested that one proposed note refers to one intersection and should refer to another. I do not know if you are correct about that concern. Nonetheless, by this memo, I will request that staff review this issue. In any event, if there is alternative wording that conveys the same intent of any of the plat notes, staff can consider that wording. Otherwise, I believe that the notes are properly included on the plat. Hillary Seminick From: Hillary Seminick Sent: Tuesday, February 16, 2016 3:50 PM To: Mitch Haas Subject: gibson matchless subdivision plat Attachments: Gibson Matchless Subdivision Plat Sheets_Engineering and ComDev Comments.pdf Hi Mitch - please see the attached plat for engineering and comdev comments. Feel free to contact me with any questions. Thanks! Hillary Hillary Seminick Planner I Community Development Departnient City of Aspen I 130 S Galena St IAspen, CO 81611 970.429.2741 I www.aspenpitkin.corn Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further. the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future. and ukon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any clairri of detrimental reliance. 1 -L _- FINAL PLAT GIBSON & MATCHLESS SUBDIVISION J #21 122 ~ U 2" LL - r r"ll I 9- g 52 0 Â§ 0#2% A REPLAT OF UNIT 1 AND UNIT 2, ALPINE ACRES CONDOMINIUMS#1 ACCORDING TOTHECONDOMINIUM MAP RECORDED IN PLAT BOOK 6 AT 3 %; 01 PAGE 11, AND AS DESCRIBED IN THE CONDOMINIUM DECLARATION THEREOF RECORDED AUGUST 2,1977 IN BOOK 332 AT PAGE 722. AND : 3% THE NORTHERLY PARCEL AND SOUTHERLY PARCEL AS MORE FULLY DESCRIBED IN AMENDED DECREE QUIETING TITLE IN PLAINTIFFS AND 6 6 . IL CORRECTING CLERICAL ERRORS RECORDED JULY 9,2008 AS RECEPTION NO. 550853 SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M. 1 CERTIFICATE OFOWNERSHIPAND DEDICATION CITY OF ASPEN, COUNTY OF PITKIN, STATE OFCOLORADO 11â€¢Q, .41 MEN 8Y n ESE PRESENTS . . I I PURPOSE STATEMENT , O, / 128-tV' /1.4- I - .p PROPÂ£RT, p ATED I â„¢IE COb'/ OF Plne STAE OF A MINOR SUBDIVISION APPROVED PURSUANT TO ASPEN CITY COUNCIL CONDOMINIUM UNIT 1. ALPINE ACRES CONÂ»-UMS NO i ACCORCING TD â„¢Â£ CON[lo-,UM h,AP RECONDED AL.wsl 2 . ORDINANCE NO. 21 (SERIES OF 2015) RECORDED AUGUST 4,2015 AS 197' N PLAT G AT PAGE 11.0 . 00â€¢ED ANC DESCRIBED I * CONDO-KÂ¥ DEC~RA. i'CORDED AUGL5T ~ ~ 197, N Born m AT pAGE 721 > RECEPTION NO. 622108 FORTHE PURPOSE OF DIVIDING THE AND i PROPERTIES LEGALLY DESCRIBED ABOVE INTO TWO LOTS OF RECORD TO BE HEREAFTER KNOWN ASÂ·LOT 1, GIBSON AND MATCHLESS .. ..tÂ·.Â·A, - .... ./ SUBDIVISIONIr AND !LOT 22. GIBSON AND MATCHLESS SUBDIVISION'. AND ./.FRIY P..1 ..... NO ./.' [N.litz__1 Â¢Wl,T, 0~ PITK, STA~ OF crtoRAD<}. As 5Hom, 0Â» n E PLA~ 11Â£,~EOF I~ECORDED IlÂ¢ PLAT RECORDED .UL~ 6, 1964 PLAT NOTES: PARml]LARLY DE'.CRIBED AS Fal.- I 1 ..... .. IC. 960&9*11 ..1, 0/.- Â· . 01086)4Ark""Â·11 9 PLACE DE,â€¢CE S,8'50'47~E ALONG â„¢Â£ SCU~Â¥,ESTEJU UNE OF LOT 3A BISTANG Â¢f 6302 FEET; ne,CE ~ 'A REBAA AND 1-1/1- */ PLAS.,e~ .RI~ED PROP CORN~ HCE .1,598 AND THE SCU.H.ST CCRIâ‚¬I MAR'~14*Z322VoNAR ZÂ·rT72~7~42: lb&1&3%-VZ:219122Â· ; JOINDER CERTIFICATE , ~ = ~/<2 1 . OF LD' 1 A REBAR ANO 1-1/4 .4/ PLAS. CAP ILICISLE AS EHO~N IENE. FET TD UE PC(NT OF BEUNNÂ»40 VAN METER FAMILY TRUST 2 DA' OF .RvEr No'.8...2015 .0 elâ„¢~/1 Y PARCE, RF'FPTWIN NO 95Wd 990 GIBSON AVENUE 3 LNEAR UINITS USED TO PEAFOR' .S .RVEr I.Â£ U I SUR.Y FEET nâ‚¬ #/*I LEN 14&8 1â‚¬8Ee~ M.55 TIE ...INâ‚¬ (I THIS E~~ 4 ./ INAL PLAT 16 ./. AN ./ Ceâ€ž00â€žNkÂ¥ IA' C. Al-E ACRES CONDO. NI./,0 1 RECORDED ' PLAT Plm<IN STA~ C:f COLCeADO. AS 91Â«>~ 0,1 T}E PUT 11 .. DED ~LY G. 1964 ~T W NO 11817~ I = 6 â€¢T PAGE K nE FIRST A~OED CONDCMNNJ~ MAP . UMT â„¢0. ALPINE ACRES g,00.~N.JIL No 1 VICINITY MAP 1 1 Z1 j Â»10â€¢44 kS WITCHLESS DeVE I nE CrY OF ASPEN, S~ PARCEL BaNG MORE PARnCULARLY WED AS FOUO~S: -~ REFON NU~EN 578607/ % INAL 5UBDMSICH PLAT RELORDU) IN PLAT BOCâ‚¬ 67 AT PAÂ¢Â£ 17, eINE ACR~ SJUDMSION RECORDED IN PLAT 8(XÂ« ) AT PACE 2 SCALE $- -2000 BECINNING AT mâ‚¬ SOUT}InESWRLY LINE OF L{)7 3 OF SAID ALPINE =SueÂ£14# .. -Cll â„¢E WES1EAL~ MOST Crl~1Â¢~AGi k CORNERS FOO. IN AACE AS 940- ~FALIEN. MO 63J68 CENFJNE OF AN EnSâ„¢G ..ACE â„¢ENCE .55*27~M IONG SAR> DR-AGE A DETANCE OF 2265 FEET. nENGÂ£ h 15UfWI AlÂ©NG SAID DR4NAGE A C~ANCE OF 2611 FEET: â„¢ENCE S 173203/ AONG W) OPAINAGE A DATED CCTOGER 28. 2~14 (ORDER N Jâ€¢18Â£P 8*R520063~0) APÂ¢D 0~TED AUCUST 25 20, (CROfR ,1(ne - - _... 4 . 1 i 0 re. Z . N (8Â·5017" ALONG ./D NORâ„¢EAS'R-' UNE DIGTANCE OF 121&3 FET nENCE 318S,541'E A DISTe,CE I 0607 . 062.6202-4) 'EET TD DE PCO~T OF BEGINNI,G 1. hach . d & SAID PARCE~*NTANS Â®,786 SQUARE mT OR 0707 ACRES MORE CR LESS STATES PATENT RECORDED AUG,Sr 29 1- I .Câ‚¬* '85 ' PAGE 69 - =al - >sa Z _: *,1/la-4 8/a ./1/I Â¥,EA.~mol*T'? n) :Â·.AID aif ANO ~16,Me'Xt>~4 PLAT'b~~Â®W ~ ~ .ABS AS 'SCLOSED ~ PLAT Ce IP,â€¢E ACRES SUBC,~K]H ~ECORDED ILÂ¥ 5, 1864 IN -T BOCK 3 AT PACE R ozl L' / S....... A PAR' OF ./. COUN.. C....0 0(*,moF - ) 2 AS RECE...I NO 1 T817~ Ill -/6 J 8 T./S. C....6 PRO'49.....GAm/S . 1,ENT 'MD ./7 I .AY 'ANIED ./. I. OF ASPEN ~ N~RU~NT RECORCED DECEMB~ 2. 1~76 N BOOK ~21 AT PAGE m IS SHOnN HEREON **4(E OF UNtaGRCUND UNES AND DR~A~E fAÂ¢*$ ~Cll~0 8LIT NOT L,lmI> To UNDERGRouND Â¥,1,â‚¬SS MY HAND AND Â¢mali SEâ€¢L TITLE CERTIFICATE % PROPERrY E SUBET 70 ALL Mm AS SET FOR. IN ~Ex# . REk PR~~I i# DE an (f * U.86 Â¤ 'i :0'~SSION .-/S ASPe, I INSTRUMENT RED.DED FEBALIAR7 9 197Â· IN Â¤* m AT AGE 657 & Al-* * /COaDED M 'INDERSIGNED A DULÂ¥ AllnÂ¢.ZED REPRESENTAmE OF LAND mTU GUAAANTEÂ£ 0Â¢~PANT REGMERED . Do eRUART 9. 19-7 IN PLAY 8CCK 5 . P,GE 64 ANNS(AT10,1 OF UP,E ACRES SlÂ«]MS,Â¢N I. & Cm OF eUNNESS I PIâ„¢IN Â¢Â¢UNTr Â¢OLORADO HAS EXA-ED â„¢E nÂ£ 10 ALL LANDS 5HKYV,N UPON -Ii e ~13 : Â· AS /7./. J.I. PIT Nols e..ps c./AND ,â‚¬R. Ayeâ€¢ C~el'#4 I =m .' ..... 40 - NTU 1Â© SUCH LANDS 1& ~ N UBSON MATCHLESS LLC AND VAN e 4Â¢ muST IS F*EE *0 CL~R Of ALL Lm xES ~D eN. ANCU ExapT As Fouows ~ MnÂ£&5 IEREÂ¢f SAÂ£ 0WN~5 HAVE CAUSED â„¢aR NA~ES To BE HER~NTD SUBSCRBED â„¢6 - DAY (* " ./S PROPER' IS SUBET TO TE.....ION' P.4SICÂ»IS ./ LgllONS AS 50 FORâ„¢ I DECLIA'. AD 2015 NOTAR' 9.:l/ ECRCED APmt 26 ,077 1,i Box, 327 AT PAGE 887 AFFEcm â€¢u of .M. ~cRES r.8:N# M Ell E .Â·1 â€¢ ~Un~Fna'*! INCORPORA.N CF AiPINE ACRES SU8DMSICÂ¢1 PROP'. 0.~ERS ASSO~.N 'ECORDED *Y 19 1977 I .C(Â» Omlia../.N IAT],rESS. LLC (980 01.SON AVENUE PROPER.0 , 328.PACE .1 ..J?Ur)Â·-*':16.1 DATED % DAY OF 20 , 0 92* 1.- Ilin MEÂ· & . .C lb, '2 -0, 1 ...1 ...AC.. SlÂ®DIaGN TERM' C.DI'ON' P,0~SIONS AND .UGATINS OF glENT OF 5 6,8 K rU Â¢ . e jmnr)1 WIWE~ r 0 0 I .IMPION FROM HE DE.N.C. OF ....0,1 RECORDED ./. 1 1877 I 80(JK 333 AT PAGE 4 li,is plal was re,vio*~i~ 9>f * u. GOL.... MANAGEN r.ppicti.noÂ·~.0,/eenng , i. Â·, . ~1987 . 8001~ 047 â€¢T PAGE Â·96 REZM .*ACRES SuaDI~tgON FRÂ¢M Ri5 FORE 01; art/le'll sur.IN i \ g./ I req UI(93'* ', ' ' ~ D .. LOT PLATTU} HUEON 91<10, AND BE BUaDENED . /E DEE(*~MENT R./ CF & APPUÂ¢ABI %. nnE oudâ€¢~ru ceâ€žpÂ»il I a 533 E HOFI(NS AVENUE B U l----- CITY ENG]NEERNAPPROVAL ASPEN Â¢0 81611 "" ~~ ~ COUNTf OM~ - . . ' EACH LOT CONTâ€¢#Nâ€¢GANETLOT â€¢~cf,.805=,~EFEETREG~XISSOFUâ‚¬ACrUAL M~SURED LOTS,ZE ' Ng,Im .Al PI AT -m -a. IRn,#ON HAS BEEN REVSnED AND APPRO~D ' I 15 .CH LOT PLATTED .ION 'ALL BE R.TRICTED TO A INNI NOT ./CEED ONE w ./LE-FAILY .. aTY . ASPEN ENCINEER ./.CT TO â„¢E ./. le U.T.IN [â‚¬ 2.4/ S.Al .... D./UNC u.-7 . STATED I ....(I /0 ~ .Â·187;2 51 ~nc=fl" 1 ID 20/, BY AARON GOLDMAN AS 'ANAGE]~ OF 'BSON MATCHLESS. LLC 35. SENES . 1987 nnS DAY 0 - 2015 LMT UP TO nâ‚¬ 11)TAL ALIOWABLE FLO~ AREA FOR ~E LOT -4D~ARK ~S AND S~UCRJRES SURVEYOR1S CERTIFICATE "IT"Ess Fle,0 ~,3 5Â£,1 CITY ENGINEER 17 EACH I ..... PLA....0,4 SHALL .VE .PARATE WATER ./IND EEPARA' SE.R T.S I. S~ARAI CCNNECEONS FÂ¢R AMY AUDIâ„¢,AL U~rn SERÂ«IS SE94. EACH W uAL LOT *11 TAP FES 62mktÂ»#694&#7.9=3-l~W---*W-u - e LAI CUT. PLATIO ..ATED ANO *. .... ..T SUOI .AT .. ..DE â€¢/. AN ACCURATE ..EY . -0 PROPER' .. AND UNDER . SUP..SK. *D C).IÂ¥ 91- M ./.EN ./AR' PUBUC 18 ./. . 51~ BE .R./ .8[),Vtm TO CBTE AD'.NAL LOB ./ SHALL NOT PRÂ¢Â¢1181' E CMâ€ž90,~ . DE LOn E*6â„¢EN~ AMD PRIVA~ RO~ I -D,49, . M SAME A~E STAK. COMMUNITY DEVELOPMENT DIRECTOR APPROVAL CON[Â»MINIUM,/ION / IMPROVMEN' ./. AN IN//DUAL LOT UPÂ¢N TE GROUND IN CC~PUANCE /â„¢ APPUC43LE REGULAnONS COVERNINC * SUaDIVSION OF LAND 19 0/ERS . EACH ~T P.Tn])leÂ£04 .REBY â€¢I" .T ANÂ© L ...... 4 OR CAUSES I DÂ«5 FINâ€¢, Pi AT . -ON ~ ~ATCHI M~ SIHIRD!~910~l HAS 8EEN REMEB .0 APPROVED . â„¢E CITY A.ON I % P.T I .BPER' 0,~t ... RIGHT TD ASSENT â„¢AT A cls.CT 0~;CPME'/CHr . MDISS -. 1./. IT .r ./. AND ./ I. I D. I AD Ke OF ASPEN COM./Irf DE,EL OP'.T DIQECTUR .6- DAY OF I 2015 Emm ON t!nâ‚¬R â„¢E SOUmENa PARCEL . NOR,HER' PARCEL â„¢Ar FORMERLT CCÂ»~PmSED .a KÂ»45 - Qmil VAN â€¢EB jW(C nUST {990 (~SON A~UE PROPE~ NUMBER R 8/ 20 elâ‚¬ ACRES CONDO-UMS 114/ Â«G 41.... 00(M...REMEN' BnA. ASS..... 0 5 INCCRPORAPNS ARE HERE. VACAED AND . NO RJRâ„¢El? 10â‚¬. 012 ENICT UPON NE RECORDAâ„¢ON OF m RCOPE? P rnER PLS NO 38215 SmEN VAN hâ‚¬B Ce,MUNIrr DEVAOP~~~T CIRECTCÂ« GIBSON AND MATCHLESS SU8O149ON PLAT C~Â£R~DO PROVES~CN. IAND /Â¥EY. CE'E~~LE)) i~ I ME STAU OF - 21 081Â¥*. ACCESS .. .. 1. AS PLATD HERIC: slk. . .... FROM GIBSON AVE]4UE TD COUNT, OF - CL .AlulussA~ON ./ PmCR TO ANT m....MENT ... SAID LOT i n - GARAGE STRUCTURE 5PAN-C ACRO= â„¢t LoT LNE AOJCNNG ion i AND 2 5,ILL . 0Â£110E puRSUW CITY COUNCILAPPROVAL lOT ..IN .REON A D 2015. BY STE'.EN V. 0[IR OF ve~ 'DEP /1-6 TRUST 5 0 21 *Jr REOURED PUBUC INERASTRUCTUR,. iNÂ¢ll'DIE NLXWAL~. t .-.P BEST ,W~GEM~' PRACTC. .S FINA, PIAT 04 -90,4 , MATC,â€žâ€ž â€ž.Â»â€žgÂ»iHAS BEh APPROâ€¢ED â€¢140 TE DEDICAnONS AND EASEMENTS HAVE BEEN ACCEPTED BY â„¢E CeÂ¥ CGUNCIL I ASPEN â„¢E Â¢F nE Cl~N LOTS DEEC~T *,3 AT â„¢Â£ ePE~ CF ~T DROPE,n 0~e . 26 ....ION Â£*P.5 - DAY . ~~ ~ ~ 24 Noo,~LOP,~1, SH&1 OCeR ~Em,ER LOT P4ATTED MNÂ¢EON UNT~ ~t APPLE,alÂ£Co~IT*~S ,â„¢E CLERK & RECORDER'S CERTIFICATE SUeDIMSÂ¢N AGREEMENt REFERENCED ABO~ ~E ~ET/SA~S~ M PLAT ~A, FILED FOR RECCED IN k (FACE CF * LURK UD RECCRCER I =N' AT ~ 0 m'INESS MY HAND AND SEA 25 ALL #UNE Câ‚¬Â£ENT 'l ErTHER LOT -nED ...... I SUB,ECT TO al . ASPEN HISTOR' .LUCK-Ii . /E _ OA' . ID 2015 AP+D IS W :W./.OCK _ 3/. RY FRUEAVAâ„¢N CO-6901, (leC) R~5~ AND APPROVAL. m lME EXmNT REQU~ED MY ~E Â¢lri Â¢f ASPEN ,AND MAYOR USE COI~ AS AMENDED NUTART PUBL]C 26 & LOT ! AND LOT 2 #.Â£S .Â¢NTÂ»40 . .SC~ AveluE AND ~ TIE BOOK 321 PAGE 761 S ANT OF I. ' C 1 NO AmÂ©Â·r ~EMEMT ~ ~~U BE C(Â»ISgaED nE ~R~T YARD FOE PURPOSES OF SETBACK. INCLUDNG â„¢E 11-FUT BY 2141774.00 CliTY CLERK 24 22-FUT & â„¢E LOT % 1MNÂ¢ LOB 2 AND 3 OF ALP~E ACRES SUBOMSION SHALL GE CC~DEFâ‚¬) BY â„¢8 ~EU YAMO FOR PURPOSU OF SETBACKS CN EACH LOT + LOT,..OAmES .JC,4,5 -ES A.0 CLERK & RE:eâ‚¬R IE~ON DRIG ANO + LOT 2 BOUNDARES I#% &} .m" M Pe( A~MUE To-Oâ‚¬s uo *,BACK& nâ‚¬ 142 H B~Â»IDARY eaN- 1,Â£ â„¢0 LolS ~ALL BE COÂ»aDERED nE ONe SIDE YARD I =--=&=*&'LW'---*-e~ FOR PU~OSES I SEmACKS ON EACH LOT DEPUrf ~SY ~ - -ACIION ... ......... .... .......~ 1 OF 2 == ~ &#U,r&,2- --8 Dll . 31HO NOISIAIa S SS)-1 01Â¥W 9 NOSSID oavao-lo~Â· n O Nlylld EDI E *rel- FINAL PLAT GIBSON & MATCHLESS SUBDIVISION I . 2 2*v- 42 & ME Bewl I ~ f A REPLAT OF UNIT 1 AND UNIT 2. ALPINE ACRES CONDOMINIUMS # 1 ACCORDING TO THECONDOMINIUM MAP RECORDED IN PLAT BOOK 6 Â¢ mi g AT PAGE 11. AND AS DESCRIBED IN THE CONDOMINIUM DECLARATION THEREOF RECORDED AUGUST 2,1977 IN BOOK 332 AT PAGE 722, .6 AND THE NORTHERLY PARCEL AND SOUTHERLY PARCEL AS MORE FULLY DESCRIBED IN AMENDED DECREE QUIETING TITLE IN PLAINTIFFS 1 1 AND CORRECTING CLERICAL ERRORS RECORDED JULY 9,2008 AS RECEPTION NO. 550853 SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OFTHE 6TH P.M. PURPOSE STATEMENT A MINOR SUBDIVIS1ON APPROVED PURSUANT TO ASPEN CITY COUNCIL CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO ORDINANCENO. 21 (SERIES OF 2015)RECORDED AUGUSTA, 2015 AS 6 1 |SHEET 2 OF 2~ ' 0 RECEPTION NO. 622108 FORTHE PURPOSE OF DIVIDING THE $ PROPERTIES LEGALLY DESCRIBED ABOVE INTO TWO LOTS OF RECORD / / TO BE HEREAFTER KNOWN AS LOT 1.GIBSON AND MATCHLESS \ LOT 4 -BLOCK 1 , / ~ SUBDIVISION'AND'LOT 2. GIBSON AND MATCHLESS SUBDIVISION'. -.4%617-K ALPINE ACRES SUBDIVISION J / ...... / p A j / ; AREA CALCULATIONS WITHIN LOT 1 ' GROSS LOT A.A - 11.7 SO. / AREA IN NORTH//7 ./.l -5./7 ./T AREA IN SOUâ„¢ERLY PARCEL-00 SQFT . \ SILVER \ NET.OT ARÂ£~ - -.808* SC~T 1 KING E X / r 1 . I . MATCHLESSE \\ ' . 1 /Â· AREACALCULATIONSWITHINLOTZ < 1 DRIVE - ~ T AREA 19 99 ..' AREA I NORâ„¢ERLY PARCE - 3. 50. > AREA IN SCU~RLY PARCEL - 6.548 SQFT GiBSON 90>AD EA~EMENT - 811* SQFT 4 - NET L)T AREA, -508* 59fT ~ t\ i ]~ LOT 3-BLOCK I ~ ~ / 1 / - ..-.b ... I. *.I . ./*... i U 1 -4,Â¥ . ALPINEACRESSUBDIVISION 4 0 4 j /~ LEGEND 4 LOT 1 I ./ NO S REBAR & 1-1/4 ./O* e / -I:/ 7UAL:.3&5 \ 6 11,5871 SQ.FT. 4,0 1 .1 11,1 111 N.8 0 1 1 ~ RACQUET CLUB Z ch.- 0 CONDOMIN]UMS pi,sm c..- p'op -Ep \ 3 M#E V IK~ CAP LS NO 598 UNLESS OTHERMSE NMED 1 = 6 -there, arl GRANT . EASEMENT \ / / abl 726229 * 1,- 4: = 5 ALPINEACRESSUBDIVISON / 2 3*: 2 / , LOT 2-BLOCK 1 / wal K i UND.GROUN. umul/5 BOOK Ul PACE . /- (1134* S..T) 6 1~ 9 ' . gam â‚¬ 1 \ -/39 - 1 'O / 1 - t. I 1 ,â€¢ Â· â€¢ ,~Â· ..... . Â·qi'Ii, 'Ir Li_ .* Â·'i, &23'44'00"E I -i JACOBIE I.& r /...:::76.4 CONDOMiNIUMS |~~ i ' '{>~C~3k)'3: 1~fai~lii'*the inr \ 1 \ .' 1 Â·_a_ I'llmri Dra),D' 34,ie:k/Â·) Dr i ~ \ LOT 2 .**2D , Nct .*598 \%% \ 19.199 SQ.F-T. \ \-- 4 ./M-*Â·27Â·W ~\ 1 0 7-5-5:'U= USS \ \ 6 21% I -SILVER i N. Â»'.eaS COR,~ S17Â·5203'Ir ~ .1 w~JA" KING DRIVE 2% i (BOOK 3 PAGE 2) /7 -= I 60Â·R O.W lf .=WARK =1 / 4. 4=:M:.=f EW =:9 *..IM \ I \ PARK CIRCLE ELZE. 1 . 2 \ CONDOMINIUMS C,=ST-\AI 06' fO ./ 4 2 92% Fl:(* 1-1/4~ U ' 0Â£'27,2442 Ed :0% \ BROWNELL CONDOMINIUMS PARK AVENUE TOWNHOMES GRAPHIC SCALE 1 '449464 .1 3 'S I , 4 ( I - ) / 6 1 1~b -10 ft , _~ 4 (FRAFT) 2141774.00 10,02 b / 7 - 3/TF:.::5&.4Â£5%%44itA . -- C.P %290 2 OF 2 L6} 3NOHI H 1Â¥ NOSE119 Hillary Seminick From: PJ Murray ~ Sent: Friday, July 8, 2016 2:48 PM , To: Hillary Seminick Subject: FW: Gibson Matchless Plat Comdev, Eng, Legal Comments , Attachments: Ditch Easement Example (Hutton Lot Split).pdf; Gibson-Matchless Subdivision ' emergency access.pdf Hillary - see my comments below. let me know if anything needs to be added. Hi Mitch, See my responses below in red. [hanks, PJ Murray City of Aspen Engineering Department 130 5 Galena St. Aspen, CO 81611 370-920-5056 ij.murray@cityofaspen.com From: PJ Murray Sent: Friday, July 8, 2016 9:30 AM To: Hailey Guglielmo <hailey.guglielmo@cityofaspen.com> Subject: RE: Gibson Matchless Plat Comdev, Eng, Legal Comments -lailey - please read through what I wrote to make sure it makes sense when you get a sec.. if this goes to council I want o make sure I was as clear as possible, and accurate. rhanks! Hi Mitch, See my comments below in red. From: Mitch Haas [mailto:mitch@hlpaspen.coml Sent: Wednesday, July 6, 2016 4:16 PM To: Hillary Seminick <hillary.seminick@citvofaspen.com> Cc: PJ Murray <pi.murray@citvofaspen.com>; Jim True <iim.true@citvofaspen.com> Subject: Re: Gibson Matchless Plat Comdev, Eng, Legal Comments Okay, 1 can deal with and get everything in your comments done except that I need two little clarifications and have one question. I've left PJ a few messages over the last two days but my client is getting too antsy to wait for a return call. rWO CLARIFICATIONS: . 1 Plat Sheet 2 of 2, I'm being told t.. add comment 3 (or add a note stating thâ€ž ...) "The firstproperly to develop will be responsible.for providing the following at building permit submittal: Analysis ofthe Gibson/Matchless/Silverking intersection regarding emergency ingress/egress access and installing necessary improvements.for adequate turning movements." We are fine adding this note PROVIDED that 1 can add the following language to the end ofthe sentence: .to serve Lots 1 or 2 hereol. as applicable." We are responsible for making sure these two lots have adequate emergency access but we are NOT responsible for making sure the existing intersection is adequate for all other, unrelated properties that use it and have used it for the last who knows how many years. Please confirm that it will be acceptable to add the language I've described. The point of this plat note is to ensure that the intersection I circled on the attached PDF has adequate emergency access in all directions the Fire Department requires with the addition of the driveway entrance for this subdivision. All subdivisions are required to provide the necessary ROW improvements associated with the subdivision. You've given us a comment saying we need to label the rear and side lot line easements as "Public Utility and -- Drainage Easement along with a plat note defining public utilities as including, without limitation, water, wastewater, raw water, electric and storm drainage systems and associated infrastructure." Again, we are okay with doing this PROVIDED that after the words -associated infrastructure" I can add "that is/are for the benefit of Gibson and Matchless Subdivision Lots 1 or 2 only vith the expection of offsite drainage that the properties are required to accept per CO drainage law and above ground utilities as outlined in COA Standards." Please confirm that this will be acceptable. This is acceptable with the addition of 'with the exception of offsite drainage that the properties are required to accept per Colorado Drainage Law and above ground utilities as outlined in COA Standards." after only. The other alternatives are to show where all utility service lines will be located on the plat for Lots 1 and 2 instead of adding the easements or submit a variance like I described in an email to Lucas Peck yesterday. I requested this note to be added because Lucas was not satisfied with labeling the easements as utility and drainage easements. I did not intend to add additional redlines or notes to the plat, I'm working to address all parties concerns and find wording that satisfies the City and both properties. That second clarification was a brand new note added to he redlines for a first time this past week. We also need confirmation that, once we complete all of these revisions, there will be no additional requests for notes, improvements requirements, etc. We can't be made to feel like Charlie Brown trying to kick the football that Lucy keeps pulling away, so to speak. ONE QUESTION: Any word from Rob Covington? We need for him to have a final deadline by which to respond, after which we can agree that he's too late and it no longer matters what his response is. Further, we need that deadline to be no further out than the end of the day tomorrow, Thursday, July 7th, as we' ve been waiting for an answer from him for a few months already. Enough is enough, we need to get this done and recorded s that the building permit application can be filed. Yes, I spoke with Rob late last week. We are requiring a 20ft ditch easement centered over the ditch for maintenance and protection purposes per the COA Design Standards. I have attached an example of a ditch easement the City has accepted in the past. If you would like to request a smaller ditch easement that must be discussed with the Ditch Company associated with this ditch. This ditch has continuous flows from the Molly Gibson Mine which cannot be stopped unless the mine is plugged. At times there is a significant amount of water in this ditch and if maintenance needed to be performed to protect this property or others a 20' easement would be adequate. ' By the way, and for the record, this was a Minor Subdivision and we did NOT abandon or vacate any rights-of- way as part of the review: that abandonment was done as a separate matter by a different property owner . 2 through the legal system well in a -*.- nce of our even applying for the Minor .abdivision approvals. That said, we are doing our best to meet all of your demands provided we can do so within reasonable limits. Easements and improvements serving the general public - and not j ust these two lots - are beyond reasonable limits, so we are hoping we can all agree and get this finished by stating that these easements/improvements are for the , benefit of Lots 1 or 2 only. Please, please get back to me ASAP on the foregoing. Best regards. Mitch Mitch H..$ H..S Land Planning, LLC 120 East Main Street, Suite 10-B Aspen, CO 81611 )hone: (970) 925-7819 Email: mitch@hlpaspen.com ~ Please consider the environment before printing this email Jonfidentiality note: The above email and any attachments contain information that may be confidential and/or privileged The information is for the use of the idividual or entity originally intended. If you are not the intended recipient any disclosure. copying. distribution or use ofthis information is prohibred If this ransmission is received in error. please immediately notify the sender and delete this message and its attachments. if any. On Jul 1, 2016, at 3:26 PM, Hillary Seminick <hillary.seminick(*citvofaspen.com> wrote: Hi Mitch, Legal, Comdev and engineering have completed their review of the plat and SIA. I have attached the plat , with my notes for corrections as well as some wording for the subdivision agreement regarding the sidewalk. I have also outlined them below: 1. I spoke with Trish and the first property reference needs to stay. Whichever property develops first will be responsible for the ROW improvements which is the case for all subdivisions. The first lot in the subdivision is often responsible for public improvements even if they are not on their property. Even though this seems like a lot split Trish explained that it is more than that, we aba ndoned ROW that was added to the properties, etc. So we are holding with that. The applicant doesn't seem to have an issue with it anyway I just wanted to explain that better to you. 2. Currently note 1 the second sheet of the plat states that a 6' wide swale needs to be designed, this needs to say a 3' minimum wide 6" minimum deep swale to be sized and designed by an engineer. Also this note does not clearly state that the shoulder, swale and drive surface will be constructed by the first property to develop so this needs to be added, see plat note. 3. "This property" is used several times throughout the application in the plat and the subdivision agreement, in reference to Lot 1. It needs to reference "the first property to develop" throughoutthe application. 4. Note 3 has a type for FIL, it reads FILL and should only be FIL. 5. Add comment 3. Analysis of the Gibson/Matchless/Silverking intersection must be completed regarding emergency ingress/egress access and installation of the necessary improvements for adequate turning movements. 6. Comment 2 regarding the curb and gutter should be put at the end of the list since both properties are responsible for their own c&g at time of redevelopment. See plat note. 3 7. The utility and drairk_ easements can be relabeled to be Public . -ility Easements with a note that defines what is considered a public utility, see plat note. Hopefully this will satisfy the Lawyer for Lot 2's concerns. 8. Still working on the ditch easement. 9. The subdivision agreement section 3.13 Sidewalk Improvements needs to include a statement similar to "at the time of initial construction the owner shall not be required to install a sidewalk along Gibson Ave... Future development/redevelopment may be required to install sidewalk. The applicants will also be required to sign a sidewalk agreement at the time of building permit submittal. Add the following notes: 1. (second page) Plat note 5. The ditch along the southeast yard shall be protected during any construction activity per Water Department Requirements. 2. (first page) Add from Section 2: Plat note D: "10. Each lot shall have separate water taps and separate sewer taps, and separate connections for any additional utility services serving each individual lot. All tap fees, materials and connection costs shall be born at the expense of the property owners." Hillary Seminick Planner I Community Development Department City of Aspen I 130 S Galena St IAspen, CO 81611 970.429.2741 I www.aspenpitkin.com Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt frorn disclosure pursuant to applicable law. If you are not the intended recipient please reply to the sender that you ' have ieceived the message in error and then delete it. Fur'ther, the information or opinions contained in this email are advisory in natureÂ· only and are not binding on the City of Aspen If applicable. the information and opinions contain in the email are based on current zoning. which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. <Gibson-Matchless Subdivision Plat_6-21-16_engineering comments.pdf><Subdivision Agreement for Gibson Matchless(3)-6-14-16_engineering commen....doc> 4 Hillary Seminick From: Mitch Haas <mitch@hlpaspen.com> , Sent: Tuesday, July 12, 2016 2:55 PM To: PJ Murray CC: Hillary Seminick; Jim True; Robert Covington Subject: Re: Gibson Matchless Plat Comdev, Eng, Legal Comments Attachments: Gibson-Matchless Subdivision Plat-Ditch Easement Proposal.pdf; ATT00001.htm I hanks PJ. It doesn't seem a meeting is necessary for the time being, but 1 do still need some clarification on a few points (see below, in red). We won't be asking for a variance. - Mitch Mitch H..0 H.., Land Planning, LLC 120 East Main Street, Suite 10-B Aspen, CO 81611 Ohone: (970) 925-7819 Email: mitch@hlpaspen.com ,~ Please consider the environment before printing this email Ionfidentiality note: The above email and any attachments contain information that may be confidential and/or privileged The information is for the use of the adividual or entity ofiginally intended If you are not the intended recipient. any disclosure- copying. distribution or use of this information is prohibited. If this ransmission is received in error, please immediately notify the sender and delete this message and its attachments, if any On Jul 11, 2016, at 2:58 PM, PJ Murray <pj.murray@citvoiaspen.com> wrote: Hi Mitch, See my comments below. Let me know if you have questions or would like to meet to discuss. Thanks, PJ Murray City of Aspen Engineering Department 130 5 Galena St. Aspen, CO 81611 970-920-5056 pj.murray@cityofaspen.com From: Mitch Haas [mailto:mitch@hlpaspen.com] Sent: Wednesday, July 6, 2016 4:16 PM To: Hillary Seminick<hillarv.seminick@citvofaspen.com> Cc: PJ Murray <pi.murray@citvofaspen.com>; Jim True <iim.true@citvofaspen.com> Subject: Re: Gibson Matchless Plat Comdev, Eng, Legal Comments 1 : Okay. I can deal with and t:3 - everything in your comments done exâ€žrt that I need two little clarifications and have one question. I've left PJ a few messages over the last two days but my client is getting too antsy to wait for a return call. TWO CLARIFICATIONS: Plat Sheet 2 of 2, I'm being told to add comment 3 (or add a note stating that...) "The first property to develop will be responsible for providing the following at building permit submittal: Analysis of the Gibson/Matchless/Silverking intersection regarding emergency ingress/egress access and installing necessary improvements for adequate turning movements." We are fine adding this note PROVIDED that I can add the following language to the end of the sentence: ...to ser, e Lots 1 or 2 hereof. as applicable." We are responsible for making sure these two lots have adequate emergency access but we are NOT responsible for making sure the existing intersection is adequate for all other, unrelated properties that use it and have used it for the last who knows how many years. Please confirm that it will be acceptable to add the language Vve described. The point of this plat note is to ensure that the intersection I circled on the attached PDF has adequate emergency access in all directions the Fire Department requires with the addition of the driveway entrance for this subdivision. All subdivisions are required to provide the necessary ROW improvements associated with the subdivision. Is there some way we can be more specific and include language explaining exactly this intent? I'm reading your explanation and looking at the circled intersection that was shown on the PDF you attached, and I'm still not certain that I understand the intent. Are we merely saying that the driveway entrance must be designed and built in a manner that complies with emergency access/fire protection requirements? I have been reading the suggested plat note language to refer to the Gibson/Matchless intersection. Your circle seems to be instead indicating the intersection of the Lot 1 driveway/Silver King Drive/Herron Drive, and not Gibson or Matchless at all, which is a big difference. That would also make more sense as we will not be using or affecting Silver King Drive and our access is to come into Lot 1 from the Herrron Drive portion (not Matchless). You've given us a comment saying we need to label the rear and side lot line easements as "Public Utility and Drainage Easement" along with a plat note defining public utilities as including. without limitation, water, wastewater. raw water, electric and storm drainage systems , and associated infrastructure." Again. we are okay with doing this PROVIDED that after the words ~'associated infrastructure" I can add 'that is/are for the benefit of Gibson and Matchless Subdivision Lots 1 or 2 only." Please confirm that this will be acceptable. , This is acceptable with the addition of "with the exception of offsite drainage that the Gibson and Matchless Subdivision properties are required to accept per Colorado Drainage Law and above ground utilities as outlined in COA Standards." after only. The other alternatives are to show where all utility service lines will be located on the plat for Lots 1 and 2 instead of adding the easements or submit a variance like I described in an email to Lucas Peck last week. 1 requested this note to be added because Lucas was not satisfied with labelingthe easements as utility and drainage easements. I did not intend to add additional redlines or notes tothe plat, I'm workingto address all concerns and find wordingthat satisfiesthe City and both properties. I added the words Gibson and Matchless Subdivision purely forr the sake of specificity and so that nobody should ever be confused as to what "the properties" means. I think we can work 2 with this wording and pia. ...e easement accordingly; I'll confirm _ ..iuch with Lucas, on behalf of his client. That second clarification was a brand new note added to he redlines for a first time this past week. We also need confirmation that, once we complete all o f these revisions, there will be no additional requests for notes, improvements requirements, etc. We can't be made to feel like Charlie Brown trying to kick the football that Lucy keeps pulling away, so to speak. ONE QUESTION: Any word from Rob Covington? We need for him to have a final deadline by which to respond. after which we can agree that he's too late and it no longer matters what his response is. Further, we need that deadline to be no further out than the end o f the day tomorrow, Thursday, July 7th, as we've been waiting for an answer from him for a few months already. Enough is enough, we need to get this done and recorded s that the building permit application can be filed. ; Yes, I spoke with Rob last week. We are requiring a 20ft easement centered over the ditch for maintenance and protection purposes per the COA Design Standards. I have attached an example of a ditch easementthe City has accepted in the past. If you would like to request a smaller ditch easement that must be discussed with the Ditch Company associated with this ditch. This ditch has continuous flows from the Molly Gibson Mine which cannot be stopped unlessthe mine is plugged. Attimes there is a significant amount of water in this ditch and if maintenance needed to be performed to protectthis property or others a 20' easement would be adequate. I am talking with Rob with the hope of finding a workable compromise on the straight 20-foot easement width. This one affects only Lot 2, which is not my client and needs Lucas's approval. My client owns Lot 1 (980 Gibson) and is okay with everything else that's been thrown at us to date as he's the one who will be dealing with and paying for all of that stuff. As such, I need to know exactly where this easement would be located (do we need ten feet in from the easterly property line of the former Southerly Parcel or is the previously shown 5 feet adequate for this area? Is the 20-foot easement only for that portion of the ditch running through the original Alpine Acres portion of proposed Lot 2 (i.e., not the former Silver King Dr ROW) as the ditch runs more or less ON this property line and we cannot dedicate an easement off-site?) I'm hoping something along the lines of what I've drawn onto the attached PDF will work, and this sketch has already been forwarded to Rob for his review and thoughts. 3 Hillary Seminick From: Aaron Goldman <aaron@perennialproperties.net> Sent: Friday, July 29, 2016 2:48 PM ' To: Hillary Seminick CC: PJ Murray; Trish Aragon; Mitch Haas : Subject: Re: Sidewalks - 980 and 990 Gibson Hillary, I have dropped 2 hard copies of the plat and SIA at your reception and e copies will follow. rhanks in advance! Aaron Sent from my i Phone On Jul 28, 2016, at 9:58 AM, Hillary Seminick <hillarv.seminick(J.citvofaspen.com> wrote: Hi Aaron, I need hard copies and electronic copies of all versions of the materials submitted to engineering. I believe you submitted one version of the plat thatgenerated the comments below and you will be submitting a revised plat. I will also need the updated SIA in electronic and hardcopy forniat. Once all comments are reconciled, I will contact you to print the mylars and the fee for recordation. Thank you! Hillary Seminick Planner 1 Community Development Department City of Aspen I 130 S Galena St IAspen, CO 81611 970.429.2741 I www.aspenpitkin.corn <image003.jpg> Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipienti please reply to the sender that yo. have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory n nature only and are not binding on the City of Aspen If applicable, the information and opinions contain in the email are based on current zoning. which is subject to change in the future and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance From: Aaron Goldman [mailto:aaron@perennialproperties.net] Sent: Wednesday, July 27, 2016 3:51 PM To: PJ Murray <pi.murray@citvofaspen.com> Cc: Trish Aragon <Trish.Aragon@citvofaspen.com>; Mitch Haas <mitch@hlpaspen.com>; Hillary ; Seminick <hillary.seminick@citvofaspen.com> Subject: Re: Sidewalks - 980 and 990 Gibson Thank you PJ, I will make these changes. Hillary, what is best number for me to reach you? 1 i Aaron Sent from my iPhone On Jul 27,2016, at 3:26 PM, PJ Murray <pj.murray@cityofaspen.com> wrote: Hi Aaron, Thanks for submitting the plat for review. I have a few comments regarding the wording of the plat notes on sheet 2. See below. Plat Note 1: Clarify that the first property to develop is responsible for the design of both width alignments with the shoulder and swale but is only responsible for the installation of the 16' widedrive surface, the 3' shoulder and the 3' minimum wide 6" deep swale. An example of what I am looking for is below. 1. The first property to redevelop is responsible for the following items: (a) a design for Matchless/Herron with a 22' wide drive surface with a 3' wide shoulder, a 3' minimum wide 6" deep swale to be sized and designed by an engineer, (b) a design for Matchless/Herron with a 16' wide driving surface with the 3' wide shoulder and 3'minimum wide 6" deep swale to be sized and designed by an engineer. The property will be responsible for constructing option (b). 1 Plat Note 2: I believe the word then should be replaced with the before current ordinances. Plat Note 3: Clarify in this note that the first property to redevelop is responsible for providing the design and installation of the stormwater improvements. See an example below. 1. The first property to redevelop will be responsible for the following: the design to be provided for building permit submittal and the installation of public stormwater improvements including drop inlet, pipe and swale. Since this infrastructure provides a stormwater benefit to the neighborhood and not just lots 1 and 2, the City of Aspen is willing to accept this contribution in place of ' fee in lieu for this property. i Plat Note 4: No comment. Plat Note 5: No Comment. Plat Note 6: No comment. : In order to approve the landuse case all finalized documents (1 electronic copy of the I plat, 1 hard copy of the plat, subdivision agreement, etc.) must be submitted to Hillary Seminick the City Planner for this landuse case. I have cc'd her on this email so you can get in touch with her to make sure all necessary documents are submitted. Let me know if I can help with anything else. Thanks, i 2 PJ Murray City of Aspen Engineering Department 130 5 Galena St. Aspen, CO 81611 970-920-5056 pj.murray@cityofaspen.com From: Aaron Goldman Imailto:aaron@perennialproperties.netl Sent: Tuesday, July 26,2016 5:24 PM ~ To: PJ Murray <pi.murray@citvofaspen.com> Cc: Trish Aragon <Trish.Aragon@cityofaspen.com>; Mitch Haas <mitch@hipaspen.com> Subject: Re: Sidewalks - 980 and 990 Gibson PJ, I left 2 copies of the plat for you with Justin at the intake desk. I hope we can speak around 3:30 and am deeply grateful for your efforts. Aaron Sent from my iPad On Jul 26.2016, at 10:14 AM, PJ Murray <pj.murray@citvofaspen.corn> wrote: Hi Aaron, Thank you for pointing this out! I guess we needed a fresh pair of eyes I on the project. I agree the ordinance and plat note 9 from below cover ' the sidewalk improvements required bythe Engineering Department. Based on this we can remove the section of the subdivision agreement about sidewalk improvements. Let me know if you have any other questions otherwise I will review the plat when it is submitted. Thanks, PJ Murray City of Aspen Engineering Department 130 5 Galena St. Aspen, CO 81611 970-920-5056 pj.murray@cityofaspen.com From: Aaron Goldman [mailto:aaron@perennialproperties.netl Sent: Monday, July 25, 2016 4:35 PM To: PJ Murray <pi.murrav@citvofaspen.com>; Trish Aragon <Trish.Aragon@citvofaspen.com> Cc: Mitch Haas <mitch@hlpaspen.com> Subject: Sidewalks - 980 and 990 Gibson 3 Hello all, and Happy Monday! I have made lots of progress, as I hoped, and hope to walk in with a satisfactory Plat tomorrow. At our zoning last summer, Engineering required us to add this note to the ordinance (below). It is currently Plat note 9. The importance of this is that the Lot 2 owner is not developing, and agreed to follow the city ordinance to make these improvements when they develop. The sidewalk agreement contradicts the ordinance, and is not something they can agree too, when they are bound to this already. I think I'll have everything else you need on the easements and ditch - but I can't make him sign something that contradicts the ordinance or requires him to improve when he is not developing. I believe the actual Gibson Matchless Ordinance language that was required by the city (shown below) gives you what you are looking for, and happens to be all I can legally get from Lot 2. I am begging here for your consideration. I am planning to come in with the plat including the requested changes from Hillary's early July e-mail to Mitch tomorrow, and we are hopeful to get your approval so all signatures from Lot 2 and their lender can be obtained and we can file for a building permit. I do truly appreciate your , willingness to expedite. Thanks so much. Aaron <image001 jpg> 4 Hillary Seminick From: Hillary Seminick Sent: Friday, August 5, 2016 10:33 AM To: 'Aaron Goldman' CC: PJ Murray; Mitch Haas; Lucas Peck (lucas@rfvlaw.com); George Maynard; Steve; Jim True Subject: RE: 980 and 990 Gibson Attachments: RE: 980 and 990 Gibson Hi Aaron, f you proceed, it will be at your own risk. The easement has not been reviewed by Jim True. As I previously noted in the ittached email, the easement information, including reception number, shall be included on the plat. The current plat is iot acceptable to the city because the easement has not been fully resolved. This is the order in which we need to )roceed: 1. I need a copy of the easement to be reviewed by Jim True. 2. Once that is reviewed and approved, then it shall be routed for signature by the property owners. 3. The easement shall then be signed by the City. 4. The easement shall then be recorded. 5. The easement numbershall be incorporated on the plat. 6. Two copies of the signed Mylar shall be provided to the City. 7. One final hard copv of the signed SIA shall be provided to the City. 8. The final plat and SIA shall be submitted to the City and routed for signature. 9. The final plat and SIA shall be recorded. 10. The City shall send you digital copies of the recorded documents. rhank you, Hillary Hillary Seminick Manner I Community Development Department City of Aspen I 130 S Galena St IAspen, CO 81611 )70.429.2741 I www.aspenpitkin.com Â®t h<* 4 Jity *,f th,tw ** â€ž **,iÂ¢ V câ€¢*,r 1*e,qlt)*14 ' ~ 11*et Â· ~a'~ ~~~ . ~ikidotbilot'Â· i.:-,1â€¢ev-45*A r W~ 7 . R Votice and Disclaimer: 1-his message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from lisclosure pursuant to applicable law If you are not the intended recipient, please reply to the sender that you have received the message in error and hen delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Asoen. If ipplicable. the information and opinions contain in the email are based on current zoning. which is subject to change in the future. and upon factual epresentations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of letrimental reliance. 1 From: Aaron Goldman [mailto:aaron@perennialproperties.net] Sent: Friday, August 5, 2016 10:11 AM To: Hillary Seminick<hillary.seminick@cityofaspen.com> Cc: PJ Murray <pj.murray@cityofaspen.com>; Mitch Haas <mitch@hlpaspen.com>; Lucas Peck (lucas@rfvlaw.com) <lucas@rfvlaw.com>; George Maynard <gmaynard@maynardlaw.net>; Steve <steve@suredude.net> Subject: RE: 980 and 990 Gibson Hillary, Just to keep you in the loop, I am having the mylars, plats and easement sent to all parties for signature and will attempt to expedite all recording through you and Mitch. Please send us the recording fees and Mitch will have a check for you. Have a wonderful weekend. Aarom From: Hillary Seminick [mailto:hillary.seminick@citvofaspen.coml Sent: Tuesday, August 2, 2016 12:42 PM To: Aaron Goldman <aaron@perennialproperties.net> Cc: PJ Murray <pi.murray@citvofaspen.com>; Mitch Haas <mitch@hlpaspen.com> Subject: RE: 980 and 990 Gibson HI Arron, Comdev comments had been addressed in prior iterations of this plat review. The outstanding items are all within Engineering. Once I receive notification that the plat meets Engineering standards, I will notify you as soon as possible to print the mylars and you will then need to route them to the respective parties for signature. After this step is complete, you will need to deliver recordation fee, the signed mylars and a copy of the final SIA to my office where I will get the signatures from ComDev and Engineering and get them recorded. I will then send you digital copies of all the recorded documents. Thank you, Hillary Hillary Seminick Planner 1 Community Development Department City of Aspen I 130 S Galena St I Aspen, CO 81611 970.429.274.L I www.aspenpitl<in.com 4 2 11*e{ 41> of tâ€¢penit:*0,1.,*,ti,Â· knnot'k: .... r 10,@* ' :... . 2 Votice and Disclaimer: 1-his message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from , lisclosure pursuant to applicable law, If you are not the intended recipient please reply to the sender that you have received the message in error and i hen delete it. Further. the information or opinions contained in this ernail are advisory in nature only and are not binding on the City of As;Den. If ipplicable. the information and opinions contain in the email are based on current zoning. which is subject to change in the future. and upon factual epresentations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim Of jetrimental reliance From: Aaron Goldman [mailto:aaron@perennialproperties.net] Sent: Monday, August 1, 2016 11:59 AM To: Hillary Seminick<hillary.seminick@citvofaspen.com> Cc: PJ Murray<pi.murray@citvofaspen.com>; Mitch Haas <mitch@hlpaspen.com> Subject: 980 and 990 Gibson Hillary: Hope you had a fantastic weekend. Checking in on your review of the subdivision documents. Any feedback? We are looking to send out to neighbor and his bank for signatures, as we have completed plans that cannot be submitted for permit until this process is completed. Thank you very much for your consideration. Aaron (homeowner) From: Aaron Goldman Sent: Friday, July 29, 2016 4:48 PM To: Hillary Seminick <hillary.seminick@citvofaspen.com> Cc: PJ Murray <pi.murray@citvofaspen.com>; Trish Aragon <Trish.Aragon@citvofaspen.corn>; Mitch Haas <mitch@hlpaspen.com> Subject: Re: Sidewalks - 980 and 990 Gibson Hillary, I have dropped 2 hard copies of the plat and SIA at your reception and e copies will follow. Thanks in advance ! Aaron Sent from my iPhone On Jul 28,2016, at 9:58 AM, Hillary Seminick <hillary.seminick@citvofaspen.com> wrote: Hi Aaron, I need hard copies and electronic copies of all versions of the materials submitted to engineering. I believe you submitted one version of the plat that generated the comments below and you will be submitting a revised plat. I will also need the updated SIA in electronic and hardcopy format. Once all comments are reconciled, I will contact you to print the mylars and the fee for recordation. Thank you! Hillary Seminick Planner I Community Development Department City of Aspen I 130 S Galena St IAspen, CO 81611 970.429.2741 I www.aspenpitkin.com <image003.jpg> 3 Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient. please reply to the sender that you have,eceived the message in error and then delete it. Further, the information or opinions contained in this email are advisory in ; nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning. which is subject to change in the future. and upon factual representations that may or may not be accurate. The opiniois and infomiation contained herein do not create a legal or vested right or any claim of detrimental reliance From: Aaron Goldman [mailto:aaron@perennialproperties.netl Sent: Wednesday, July 27, 2016 3:51 PM To: PJ Murray <pi.murray@citvofaspen.com> Cc: Trish Aragon <Trish.Aragon@citvofaspen.com>; Mitch Haas <mitch@hlpaspen.com>; Hillary Seminick <hillary.seminick@citvofaspen.com> Subject: Re: Sidewalks - 980 and 990 Gibson Thank you PJ, I will make these changes. Hillary. what is best number for me to reach you? Aaron Sent from my i Phone On Jul 27,2016, at 3:26 PM, PJ Murray <pi.murray(*citvofaspen.com> wrote: Hi Aaron, Thanks for submitting the plat for review. I have a few comments regarding the wording of the plat notes on sheet 2. See below. Plat Note 1: Clarify that the first property to develop is responsible for the design of both width alignments with the shoulderand swale but isonly responsible forthe installation of the 16' wide drive surface, the 3' shoulder and the 3' minimum wide 6" deep swale. An example of what I am looking for is below. 1. The first property to redevelop is responsible for the following items: (a) a design for Matchless/Herron with a 22' wide drive surface with a 3' wide shoulder, a 3' minimum wide 6" deep swale to be sized and designed by an engineer, (b) a design for Matchless/Herron with a 16' wide driving surface with the 3' wide shoulder and 3'minimum wide 6" deep swale to be sized and designed by an engineer. The property will be responsible for constructing option (b). 1 Plat Note 2: I believe the word then should be replaced with the before current ; ordinances. Plat Note 3: Clarify in this note that the first property to redevelop is responsible for providing the design and installation of the stormwater improvements. See an example below. 1. The first property to redevelop will be responsible for the following: the design to be provided for building permit submittal and the installation of public 4 stormwater i...rrovements includingdrop inlet, pipe and...ale. Since this i infrastructure provides a stormwater benefit to the neighborhood and not just lots 1 and 2, the City of Aspen is willing to accept this contribution in place of ; fee in lieu for this property. i Plat Note 4: No comment. 1 Plat Note 5: No Comment. Plat Note 6: No comment. In order to approve the landuse case all finalized documents (1 electronic copy of the plat, 1 hard copy of the plat, subdivision agreement, etc.) must be submitted to Hillary Seminick the City Planner for this landuse case. I have cc'd her on this email so you can get in touch with her to make sure all necessary documents are submitted. Let me know if I can help with anything else. Thanks, PJ Murray City of Aspen Engineering Department 130 5 Galena St. Aspen, CO 81611 970-920-5056 pj.murray@cityofaspen.com From: Aaron Goldman [mailto:aaron@perennialproperties.net] Sent: Tuesday, July 26, 2016 5:24 PM To: PJ Murray <Pi.murrav@citvofaspen.com> Cc: Trish Aragon <Trish.Aragon@citvofaspen.com>; Mitch Haas <mitch@hlpaspen.com> Subject: Re: Sidewalks - 980 and 990 Gibson pj, I left 2 copies of the plat for you with Justin at the intake desk. I hope we can speak around 3:30 and am deeply grateful for your efforts. , Aaron Sent from my iPad On Jul 26. 2016, at 10:14 AM, PJ Murray <pj.murray@citvofaspen.com> wrote: H i Aa ro n, Thank you for pointing this out! I guess we needed a fresh pair of eyes on the project. I agree the ordinance and plat note 9 from below cover the sidewalk improvements required by the Engineering Department. Based on this we can remove the section of the subdivision agreement 5 about sidew_.. improvements. Let me know if you have - , other questions otherwise I will review the plat when it is submitted. Thanks, PJ Murray City of Aspen Engineering Department 130 5 Galena St. Aspen, CO 81611 970-920-5056 pj.murray@cityofaspen.com From: Aaron Goldman [mailto:aaron@perennialproperties.netl Sent: Monday, July 25, 2016 4:35 PM To: PJ Murray <pi.murray@citvofaspen.com>; Trish Aragon <Trish.Aragon@citvofaspen.com> Cc: Mitch Haas <mitch@hlpaspen.com> Subject: Sidewalks - 980 and 990 Gibson Hello all, and Happy Monday! I have made lots of progress, as I hoped, and hope to walk in with a satisfactory Plat tomorrow. At our zoning last summer, Engineering required us to add this note to the ordinance (below). It is currently Plat note 9. The importance of this is that the Lot 2 owner is not developing, and agreed to follow the city ordinance to make these improvements when they develop. The sidewalk agreement contradicts the ordinance, and is not something they can agree too, when they are bound to this already. I think I'll have everything else you need on the easements and ditch - but I can't make him sign something that contradicts the ordinance or requires him to improve when he is not developing. I believe the actual Gibson Matchless Ordinance language that was required by the city (shown below) gives you what you are looking for, i and happens to be all I can legally get from Lot 2. I am begging here for yourconsideration. I am planning to come in with the plat including the requested changes from Hillary's early July e-mail to Mitch tomorrow, and we are hopeful to get your approval so all signatures from Lot 2 and their lender can be obtained and we can file for a building permit. I do truly appreciate your willingness to expedite. Thanks so much. Aaron <image001 jpg> 6 ORDINANCE NO. 21 (SERIES OF 2015) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE GIBSON MATCHLESS SUBDIVISION, COMMONLY KNOWN AS 980 AND 990 GIBSON AVENUE, LEGALLY DESCRIBED AS THE ALPINE ACRES CONDOMINIUMS #1 AND #2 AND THE NORTHERLY PARCEL AND SOUTHERLY PARCEL OF FORMER SILVER KING DRIVE (REC. NO. 550853), ASPEN, COLORADO PARCEL NO. 2737-073-20-003 WHEREAS, the Community Development Department received an application from Gibson Matchless, LLC, and the Van Meter Family Living Trust, both represented by Haas Land Planning, LLC, requesting the City Council approve the Minor Subdivision review for the property commonly known as 980 and 990 Gibson Avenue - legally described as Unit 1 and Unit 2, Alpine Acres Condominiums, #13 according to the Condominium Map recorded in Book 6 at Page 11 and as described in the Condominium Declaration thereof recorded August 2, 1977 in Book 332 at Page 722, and the Northerly Parcel and Southerly Parcel as more fully described in the Amended Decree Quieting Title in Plaintiffs and Correcting Clerical Errors recorded July 9,2008 as Reception No. 550853, City ofAspen, County of Pitkin, State of Colorado; and, WHEREAS, the application intends to combine all three parcels of land together for the purposes of creating a two-lot subdivision; and, WHEREAS, the property located at 980 and 990 Gibson Avenue is currently zoned R-6, Medium Density Residential; and, WHEREAS, the property contains two structures listed on the Aspen Inventory of Historic Landmark Sites and Structures, one at 980 and the other at 990 Gibson Drive; and, WHEREAS, according to Section 26.480.030 Minor Subdivisions shall be approved, approved with conditions, or denied by the City Council after reviewing a recommendation by the Community Development Director; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended denial of the application; and, WHEREAS, immediately prior to the initial hearing on this matter conducted on May 26, 2015, the applicant proposed a modification of the application. The public hearing on the application was continued until July 13, 2015 to enable staff to evaluate the proposed changes to the application; and, WHEREAS, based on the changes proposed by the applicant, the Community Development Director recommends approval of the application; and, WHEREAS, City Council has reviewed and considered the development proposal under the applicable provisions ofthe Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, RECEPTION#: 622108, 08/04/2015 at 11:29:57 AM, 1 OF 6, R $36.00 Doc Code ORDINANCE Ordinance 21, Series 2015. pg. 1 Janice K. Vos Caudill, Pitkin County, CO WHEREAS, during a duly noticed public hearing held on July 135 2015, the City Council approved this Ordinance by a vote of 3 to 2, approving the Minor Subdivision; and, WHEREAS, City Council finds that the Minor Subdivision proposal meets or exceeds all the applicable development standards; and, WHEREAS, City Council finds that this Ordinance furthers and is necessary for the promotion o f public health, safety and welfare, NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Conditions of Approval Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves the Minor Subdivision Review for the division of the lots legally described above - into two lots to be known as "Lot 1, Gibson and Matchless Subdivision" and "Lot 2, Gibson and Matchless Subdivision", with the following conditions: a. Each lot shall enjoy and be burdened by the development rights ofthe applicable zone district designation (currently R-6, but as may change from time to time) as stated in the Land Use Code, as amended. The development rights shall be based upon each lot containing a Net Lot Area of 7,808 square feet regardless of the actual measured lot size. b. Each lot shall be restricted to a density not to exceed one (1) single-family home subject to the floor area limitation of 2,486 square feet per dwelling unit as stated in Ordinance No 35, Series 1987. Each lot may also have one Accessory Dwelling Unit or Carriage House, which may utilize floor area in excess of the 2,486 square feet limit up to the total allowable floor area for the lot. c. Each Lot shall be listed as a designated historic landmark and be eligible for the benefits and burdened by the restrictions set forth in the Land Use Code, as amended, for historic landmarks. d. Each lot shall have separate water taps and separate sewer taps, and separate connections for any additional utility services serving each individual lot. All tap fees, materials and connection costs shall be borne at the expense of the appropriate property owner. e. Neither Lot shall be further subdivided to create additional lots. This shall not prohibit condominiumization of improvements within an individual lot. f. This approval is specifically conditioned upon the execution of a waiver of any and all existing rights, claims or causes of action on the part of either property owner of any right to assert that a distinct development right exists on either the Southerly Parcel or Northerly Parcel that formerly comprised Silver King Drive~ which waiver shall be set forth ill the Subdivision Improvement Agreement to the satisfaction of the City Attorney. g. Alpine Acres Condominiums, including all existing condominium agreements, bylaws, associations or incorporations shall be dissolved upon recordation of the final plat. Ordinance 21, Series 2015. pg. 2 h. All easements shall be shown on the final plat. i. The plat requirements listed under Section 2: Plat. shall be satisfied. j. The Subdivision Agreement requirements listed under Section 3: Subdivision Agreement, shall be satisfied. 1 Section 2: Plat Two original signed plats that meet the requirements of Land Use Code Section 26.480, Subdivision, Section 26.490, Approval Documents, and Municipal Code Title 19, Engineering Design Standards shall be submitted to the City of Aspen for review and approval prior to requisite recordation with the Pitkin County Clerk and Recorder within 180 days of final approval. The final plat shall include: a. A plat note stating that the driveway access for Lot 1 shall be moved from Gibson Avenue to Matchless Drive prior to any future development, b. A plat note stating that any buildings spanning across lot lines shall be removed prior to any substantial redevelopment, : c. A plat note stating that any required public infrastructure, including sidewalks and stormwater best management practices, shall be constructed in accordance with the City of Aspen' s engineering and design standards at the time o f the given resulting lot' s development and at the expense of that property owner, d. A plat note stating that each lot shall have separate water taps and separate sewer taps, and separate connections for any additional utility services serving each individual lot. All tap fees, materials and connection costs shall be borne at the expense ofthe property owners, and e. The identification of all easements. Section 3: Subdivision Agreements Within 180 days following the final approval ofthis ordinance, the Applicant shall submit two original signed copies of a Subdivision Agreement to the City ofAspen for recordation with the Pitkin County Clerk and Recorder guaranteeing: a. Each lot shall enjoy and be burdened by the development rights ofthe applicable zone district designation (currently R-6, but as may change from time to time) as stated in the Land Use Code, as amended. The development rights shall be based upon each lot containing a Net Lot Area of 7,808 square feet regardless of the actual measured lot size. b. Each lot shall be restricted to a density not to exceed one (1) single-family home subject to ' the floor area limitation of 2,486 square feet per dwelling unit as stated in Ordinance No 35, Series 1987. Each lot may also have one Accessory Dwelling Unit or Carriage House, which may utilize floor area in excess of the 2,486 square feet limit up to the total allowable floor area for the lot. Oidinance 21, Series 2015. pg. 3 c. Each Lot shall be listed as a designated historic landmark and be eligible for the benefits and burdened by the restrictions set forth in the Land Use Code, as amended, for historic landmarks. d. The relocation of the driveway access for Lot 1 from Gibson Avenue to Match-less Drive, e. The removal of any existing structures that would span across a lot line or conflict with applicable setback requirements as a result of this subdivision approval, prior to any substantial development of either lot, f. Commitment of financial sureties guaranteeing the construction of the required public infrastructure, including sidewalks and stormwater best management practices, in accordance with the City ofAspen's engineering and design standards, and g. A waiver of all rights, claims or causes of action on the part ofeither property owner regarding the quiet title action or rights associated with the quiet title action to assert that a distinct development right exists on either the Southerly Parcel or Northerly Parcel that formerly comprised Silver King Drive. No development shall occur on either resulting parcel until the conditions of the Subdivision Agreement are met. All future development on either resulting parcel shall be subject to Historic Preservation Commission (HPC) review and approval, to the extent required by the Land Use Code. The sufficiency and acceptance of the Subdivision Agreement and its associated financial sureties shall be determined by the City of Aspen Community Development Department, City of Aspen Engineering Department and the Aspen City Attorney. Section 4: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue ofthe ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion ofthis Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shaIl be deemed a separate, distinct and independent provision and shall not affect the validity ofthe remaining portions thereof. Section 6: A public hearing onthe ordinance was held onthe 8St day ofJune, 2015, and the 13th day ofJuly inthe City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice ofthe same was published in a newspaper of general circulation within the City ofAspen. : Ordinance 21, Series 201 5. pg. 4 Section 7: Vested Rights 1 The development approvals granted herein shall constitute a site-specific development plan vested , for a period of three (3) years from the date of issuance of a development order. However, any : failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to 1 properly submit all plats and agreements required to be recorded, as specified herein, within one year of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part ofthe approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public ofthe approval of a site specific development plan and creation ofa vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Gibson Matchless Subdivision, City of Aspen, Pitkin County Colorado, as more fully described in City of Aspen City Council Ordinance No. 21, Series 2015. ; Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 8: This ordinance shall become effective thirty (30) days following final adoption. [Signatures on following page-] Ordinance 21, Series 2015. pg. 5 : f INTRODUCED, READ AND ORDERED PUBLISHED as provided by law. by the City Council of the City of Aspen on the 26th day of May. 2015. Attest: , A // 7 V U-11 i j C *Affk 84Â¢it,Li â€ž linda Manning, City Cle~k Steven Skadro~, Mayor ~ FINALLY, adopted, passed and approved this 13 day of July. 2015. Attest: /,7 , : /1 < ~[Ov~(t ~6/\LAU./AX-5 Wnda Manning, City Cler Steven Skadr~ Mayor Approved as to form: james R. True, City Attorney Ordinance 21, Series 2015. pg. 6 41 6** 0- A# 'lu.., f2,0.,4Ta'st- t i MEMORANDUM TO: Mayor and Aspen City Council FROM: Chris Bendon, Community Development Director RE: Gibson Matchless Subdivision 64 Second Reading of Ordinance #21, Series of 2015 Continued from June 8, 2015. MEETING DATE: June 8,2015 STAFF RECOMMENDATION: Staff recommends APPLICANT: Gibson Matchless LLC denial of the original subdivision request. The REPRESENTATIVE: Mitch Haas, Haas original request would create odd-shaped lots and significantly more development. Land Planning, LLC LOCATIoN: 980 and 990 Gibson Staff recommends approval of an amended request Avenue, also known as Lot 1, Alpine to subdivide the property. The amended request provides simple lot lines, staff' s primary objection Acres Subdivision. to the previous proposal. Some further discussion LEGAL DESCRIPTION: Alpine Acres regarding total floor area is recommended. The proposed ordinance reflects the amended request. Condominium Units #1 and #2 and j - 0 - 411: Inclusive of a Portion of Silver King ., 2 R,0 6Iies . 3 . - k> Drive (Rec. No. 550853) I. . 4 k 7 - -1.49- PARCEL ID: 2737-074-10-001 - 2 01 CURRENT ZONING: R-6, Medium 7 0 f --30444..6 'Â£22'=* 9 , ~,5---77 6Â·'bo 9 49- 6Â· ~ 1 .7 Density Residential . 41 f . e . - 4 - 41.IdEL -kle <r Cemetery SUMMARY: The Applicant's amended 1 0;14: 1 +00 N request is to re-subdivide 30,786 sfof â€ž,e, ~ .:..~, l:â‚¬@0 . .- land containing a duplex into two -- '.:=.~.... ./IL-- single-family home sites. Both new lillillillillilillillii~mlllilll lillilli'llimillil~~~~ilillillill parcels would be historically designated and contain 'an historic - ilial.f -- resource. 78&'IMP#EBI'*p- . -66:1,81169 980 990 Gibson Matchless Subdivision Staff Memo 7/13/2015 Page 1 of 5 SUMMARY: The property is located\~ilong Gibson Avenue in the Smuggler neighborhood. The property is three parcels with a total *oss lot area pf 30,786 square feet. Currently, one parcel (Alpine Acres Condominium / ' I. I ---2-~a~,~ Units 1 and 2) houses two , .LVER I =â‚¬a \ ING 0-Vr I . residential units that were .. / Northerly Parcel of Silver King DrizE..,3 " =:~.4 condominiumized in 1977. ,0' I .Oca ' The other two parcels were . once part of Silver King \ 3*90Â©.9.-1\ , === Drive, prior to being \ \\. A \A---- .* .,A .. acquired by the 980 Gibson 1**Ber\\ _li':Jj,4*vriN ..22:: Southerly Parcel of . 4-Silver King Drive condominium association through quiet title action in ... ./-. '4.k, I 2008. These are referred to 1\\U==7/ 1. as the Northerly and *-*FV,6,#1":::. i- ,25- -F- 54-,i Southerly parcels of Silver El\.4 19*42--2 -2-& :. - ' f King Drive. Total build-out 990 Gibson -V ==: currently is 4,970 s.f. split ,//3 ./ a between two hornes and up to two ADUs. This total number assumes a 500 s.f floor area bonus from HPC. Neither home can exceed 2,486 square feet. The applicant is seeking to merge all three parcels and re-subdivide, creating a two-lot subdivision. The applicant is seeking to provide the new lots with equal development rights. , The Applicant's original solution for achieving equal development rights was to create one 17- 5 -33*=1 -26/am, .// ' -#',R../g.Wl 620 ./ sided lot (Lot 1) and one 10-sided lot (Lot 2). Each lot could be developed with up to two homes and Ta/TAJAN- - t:X :=== two ADUs each. The odd configurations do not \.\41\141>>- li .=C==4- meet the Code's General Subdivision Review )*851.6 1 Standards criteria for creating new lots that r~ .31 j.:070'ZQâ‚¬* approximate the size and shape of the rectangular / ir'i, if-* rui>~ 11 ' = lots in the Original Aspen Townsite or subsequent == additions (26.480.040.B). Thus, staff ~~' ~ ~ recommended denial. The project was continued with the expectation that staff and the applicant could discuss an alternate scenario. The applicant has revised the request. Gibson Matchless Subdivision Staff Memo 7/13/2015 Page 2 of 5 The amended subdivision request , -1 ' subdivides the land into two simple- -EE =:=Er=E shaped lots, addressing staff' s primary concern. The arnended , proposal also limits the development \ //S-.af.43*U.-1t\ / on each parcel to a single-family \ ' /14 residence plus an ADU. Both new parcels would contain a historic resource and both would remain -- ~ .pi~ .xlE.ef-z_- --' historic landmarks. . ir \ In order to ensure the two new lots -' have equal floor area (a desire of the applicant), the development rights for each lot will be based on a Net Lot Area of 7,808 square feet each. This number accounts for steep slopes and other lot area deductions. Normally, staff would not support establishing development rights independent ofparcel size, but this subdivision already has unique floor area limits. Due to a 1987 subdivision requirement, each single-family home in the Alpine Acres Subdivision is limited to 2,486 square feet of floor area. This limitation is proposed to continue to the two newly created lots. The R6 Zoning allows each lot to contain a single-family home of 3,493 s.f. After applying the 2,486 s.f. house-size cap, each lot will have 1,007 s.f. of floor area left over for an Accessory Dwelling Unit or to sever as Transferable Development Rights. Each lot will remain eligible for a floor area bonus via HPC. Total build-out of the amended proposal is 7,986 square feet split between two homes and up to two ADUs. This total number assumes 1,000 s. f floor area bonus from HPC (one bonus for each lot). Neither home can exceed 2,486 square feet. Unbuilt floor area could be severed as TDRs. BACKGROUND: The proposed subdivision is situated in the northeastern portion of the City, near the historic Smuggler mine works, and is zoned R-6, Medium Density Residential. The existing site currently has a condominiumized duplex that is made up of two remodeled historic structures, joined by a garage. The condominiums are located on a single 18,635 square foot lot, and are accessed from Gibson Avenue. In 2008 the condominium association took possession through quiet title action of an additional 12,151 square feet that made up the northern and southern portions of Silver King Drive. This is a platted, but never opened former right-of-way. These two additional Iots were added to the applicant's holdings. Vacated rights-of-way do not convey development rights according to the City's Land Use Code. Gibson Matchless Subdivision Staff Memo 7/13/2015 Page 3 of 5 . P The previous owner of 980 sued the City over the City's position that the former right-of-way parcels had no independent development right and no floor area. The City prevailed in the lawsuit with the 980 owner. The 990 owner was not a party to that lawsuit and has asserted that they have the right to re-litigate the same issues. The proposal suggests a benefit of settling this dispute by merging all three parcels and re-subdividing the land into two new lots. Currently, 980 and 990 Gibson are zoned R-6. The zone district standards determine the permitted uses, and set the dimensional requirements for lots and developments. In addition to the zoning limit, a 1987 Subdivision Agreement capped the maximum floor area per dwelling unit at 2,486 square feet for lots in the Alpine Acres Subdivision. This floor area cap runs with the land, and therefore applies to this subdivision proposal. The entire fathering site is 30,786 square feet of gross lot area. Gross lot area includes the entire area within a parcel's boundaries. After accounting for steep slopes, former and current rights-of- way, the net lot area of the fathering parcel (all three lots together) is 15,616 square feet. The amended proposal uses this number, split in half to 7,808 square feet, as the net lot area for each new lot. STAFF ANALYSIS: The original application proposed a very unusual-shaped lot, with a narrow 50 foot stretch and a disassociated flag portion. Staff recommended denial prior to the continuation and further discussions with the applicant. The amended application proposes two simple-shaped lots and achieves the applicant's desire to divide the development rights equally. The applicant has agreed to restrict the lots to a single- family home each. with an accessory dwelling unit, and observe the 2,486 s.f. house size cap. Staff suggests this build-out potential will better suit the neighborhood. After accounting for each primary house, each property will enjoy roughly 1,000 square feet extra which could be used for an ADU or severed as a TDR. This represents total of about 2,000 s.f. more than the properties are allowed today. LIowever, there is some benefit to resolving potential litigation regarding the City's position on the former right-of-way parcels. The Staff does suggest the practical need to apply for and receive HPC floor area bonuses may be minimal and may benefit from additional discussion. HPC may grant a floor area bonus of up to 500 s.f. for a superior historic preservation effort. These structures are in need of preservation work. But, the houses are already capped at 2,486 s.f. each. So, any bonus would add to the TDR potential which is already 1,000 s.Â£ per parcel. If maximum bonuses are granted, the total development rights would be increased by roughly 3,000 s.f. over today's allowance. The proposal meets the remaining criteria for subdivision. Although the proposal would create a nonconformity along an existing garage, the Code allows a nonconforming structure to continue Gibson Matchless Subdivision Staff Memo 7/13/2015 Page 4 of 5 1 after the recordation of a plat if the City accepts the Applicant' s assurance, through a legally binding mechanism, that the non-conformity will be remedied. The draft ordinance includes language requiring the Applicant to provide this assurance in a subdivision agreement with the City. STAFF RECOMMENDATION: Staff recommends City Council approve the amended application. RECOMMENDED MOTION: "I move to approve Ordinance #21, Series of 2015, on second reading approving the Gibson Matchless Subdivision. CITY MANAGER COMMENTS: ATTACHMENTS: Ordinance #21, Series of 2015 Memo Exhibit A - General Subdivision Review Standards Memo Exhibit B - Minor Subdivision Review Criteria Memo Exhibit C - Flagpole and Flag Area Diagram - (provided on June 8, 2015) Exhibit D - Application - (provided on June 8, 2015) Gibson Matchless Subdivision Staff Memo 7/13/2015 Page 5 of 5 ORDINANCE N0. 21 (SERIES OF 2015) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE GIBSON MATCHLESS SUBDIVISION, COMMONLY KNOWN AS 980 AND 990 GIBSON AVENUE, LEGALLY DESCRIBED AS THE ALPINE ACRES CONDOMINIUMS #1 AND #2 AND THE NORTHERLY PARCEL AND SOUTHERLY PARCEL OF FORMER SILVER KING DRIVE (REC. NO. 550853), ASPEN, COLORADO PARCEL NO. 2737-073-20-003 WHEREAS, the Community_!26-yelopment Depaftment.received an application from Gibson Matchless, LLC,2nd the Van Meter Family Living Trust~both represented by Haas Land Planning, LLC, requesting the City Council approve the Minor Subdivision review for the property commonly known as 980 and 990 Gibson Avenue - legally described as Unit 1 and Unit 2, Alpine Acres Condominiums, #1, according to the Condominium Map recorded in Book 6 at Page 11 and as described in the Condominium Declaration thereof recorded August 2, 1977 in Book 332 at Page 722, and the Northerly Parcel and Southerly Parcel as more fully described in the Amended Decree Quieting Title in Plaintiffs and Correcting Clerical Errors recorded July 9, 2008 as Reception No. 550853, City of Aspen, County of Pitkin, State of Colorado; and, WHEREAS, the application intends to combine all three parcels of land together for the purposes of creating a two-lot subdivision; and, WHEREAS, the property located at 980 and 990 Gibson Avenue is currently zoned R.-6, Medium Density Residential; and, WHEREAS, the property contains two structures listed on the Aspen Inventory ofHistoric Landmark Sites and Structures, one at 980 and the other at 990 Gibson Drive; and, WHEREAS, according to Section 26.480.030 Minor Subdivisions shall be approved, approved with conditions, or denied by the City Council after reviewing a recommendation by the Community Development Director; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended denial of the application; and, WHEREAS, immediately prior to the initial hearing on this matter conducted on May 26, 2015, the applicant proposed a modification of the application. The public hearing on the application was continued until July 13, 2015 to enable staff to evaluate the proposed changes to the application; and, WHEREAS, based on the changes proposed by the applicant, the Community Development Director recommends approval of the application; and, WHEREAS, City Council has reviewed and considered the development proposal under the applicable provisions ofthe Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, Ordinance 21, Series 2015. pg. 1 WHEREAS, during a duly noticed public hearing held on July 13, 2015, the City Council approved Ordinance No. 21, Series of 2015, by a vote of_ to _, approving the Minor Subdivision; and, WHEREAS, City Council finds that the Minor Subdivision proposal meets or exceeds all the applicable development standards; and, WHEREAS, City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety and welfare, NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: ~~ ~ Section 1: Conditions of Approval Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves the Minor Subdivision Review for the division of the lots legally described above - into two lots to be known as "Lot 1, Gibson and Matchless Subdivision" and "Lot 2, Gibson and Matchless Subdivision", with the following conditions: a. Each Iot shall enjoy and be burdened by the development rights ofthe applicable zone district designation (currently R-6, but as may change from time to time) as stated in the Land Use Code, as amended. The development rights shall be based upon each lot containing a Net Lot Area of 7,808 square feet regardless of the actual measured lot size. b. Each lot shall be restricted to a density not to exceed one (1) single-family home subject to the floor area limitation of 2,486 square feet per dwelling unit as stated in Ordinance No 35, Series 1987. Each lot may also have one Accessory Dwelling Unit or Carriage House, which may utilize floor area in excess of the 2,486 square feet limit up to the total allowable floor area for the lot. 472 1 ado(OR-0- f Ft.* 4,4 ,4.1 k -ty. 4#-J c.s c -7Pe_. c. Each Lot shall be listed as a designated historic landmark and be eligible for the benefits and burdened by the restrictions set forth in the Land Use Code, as amended, for historic landmarky/ d. Each 19tkhall have separate water taps and separate sewer taps, and separate connections for any additional utility services serving each individual lot. All tap fees, materials and 06ection costs shall be borne at the expense ofthe appropriate property owner. e.,/Neither Lot shall be further subdivided to create additional lots. This shall not prohibit condominiumization of improvement within an individual lot. f This approval is specifically conditioned upon the execution of a waiver of any and all existing rights, claims or causes of action on the part of either property owner of any right to assert that a distinct development right exists on either the Southerly Parcel or Northerly Parcel that formerly comprised Silver King Drive, which waiver shall be set forth in the Subdivision Improvement Agreement to the satisfaction of the City Attorney. 4 my te.*- 4 -- #72 fi u- 6..ws *t,w, L .9 6 4 --5.6 436*PAA, 4,6 R. u,+--,0.0.,;~ 044#Â« -5 4 -7-02 / Ordinance 21, Series 2015. pg. 2 4Aut k 946 i ect 6 04 60(44*.,J Â°wwt.1 6-7 4% ac--40.4 tuf- 96uvt< 66 40 rÂ«.eivc 4. ttl=& Ptâ€¢w AvE.- g. Alpine Acres Condominiums, #1 including all existing condominium agreements, bylaws, associations or incorporations shall be dissolved upon recordation ofthe final plat. h. All easements shall be shown on the final plat. i. The plat requirements listed under Section 2: Plat, shall be satisfied. j. The Subdivision Agreement requirements listed under Section 3: Subdivision Agreement, shall be satisfied. Section 2: Plat Two original signed plats that meet the requirements of Land Use Code Section 26.480, Subdivision, Section 26.490, Approval Documents, and Municipal Code Title 29, Engineering Design Standards shall be submitted to the City of Aspen for review and approval prior to requisite recordation with the Pitkin County Clerk and Recorder within 180 days of final approval. The final plat shall include: a. A plat note stating that the driveway access for Lot 1 shall be moved from Gibson Avenue to Matchless Drive prior to any future development, b. A plat note stating that any buildings spanning across lot lines shall be removed prior to any substantial redevelopment, c. A plat note stating that any required public infrastructure, including sidewalks and stormwater best management practices, shall be constructed in accordance with the City of Aspen's engineering and design standards at the time of the given resulting lot' s development and at the expense of that property owner, d. A plat note stating that each lot shall have separate water taps and separate sewer taps, and separate connections for any additional utility services serving each individual lot. All tap fees, materials and connection costs shall be borne at the expense of the property owners, and e. The identification of all easements. Section 3: Subdivision Agreements Within 180 days following the final approval ofthis ordinance, the Applicant shall submit two original signed copies of a Subdivision Agreement to the City ofAspen for recordation with the Pitkin County Clerk and Recorder guaranteeing: a. Each lot shall enjoy and be burdened by the development rights ofthe applicable zone district designation (currently R-6, but as may change from time to time) as stated in the Land Use Code, as amended. The development rights shall be based upon each lot containing a Net Lot Area of 7,808 square feet regardless of the actual measured lot size. b. Each lot shall be restricted to a density not to exceed one (1) single-family home subject to the floor area limitation of 2,486 square feet per dwelling unit as stated in Ordinance No 35, Series 1987. Each lot may also have one Accessory Dwelling Unit or Carriage House, which may utilize floor area in excess of the 2,486 square feet limit up to the total allowable floor area for the lot. Ordinance 21, Series 2015. pg. 3 c. Each Lot shall be listed as a designated historic landmark and be eligible for the benefits and burdened by the restrictions set forth in the Land Use Code, as amended, for historic landmarks. d. The relocation of the driveway access for Lot 1 from Gibson Avenue to Matchless Drive, e. The removal of any existing structures that would span across a lot line or conflict with applicable setback requirements as a result of this subdivision approval, prior to any substantial development of either lot, f. Commitment of financial sureties guaranteeing the construction of the required public infrastructure, including sidewalks and stormwater best management practices, in accordance with the City of Aspen's engineering and design standards, and g. A waiver ofall rights, claims or causes ofaction on the part of either property owner regarding the quiet title action or rights associated with the quiet title action to assert that a distinct development right exists on either the Southerly Parcel or Northerly Parcel that formerly comprised Silver King Drive. No development shall occur on either resulting parcel until the conditions of the Subdivision Agreement are met. All future development on either resulting parcel shall be subject to Ilistoric Preservation Commission (LIPC) review and approval, to the extent required by the Land Use Code. The sufficiency and acceptance of the Subdivision Agreement and its associated financial sureties shall be determined by the City of Aspen Community Development Department, City of Aspen Engineering Department and the Aspen City Attorney. Section 4: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 5: If any section, subsection. sentence, clause, phrase, or portion ofthis Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction. such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity ofthe remaining portions thereof. Section 6: A public hearing on the ordinance was held on the 8St day of June, 2015, and the 13th day of July in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice ofthe same was published in a newspaper of general circulation within the City of Aspen. Ordinance 21, Series 2015. pg. 4 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 26th day of May, 2015. Attest: Linda Manning, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this day of , 2015. Attest: Linda Manning, City Clerk Steven Skad Approved as to form: James R. True, City Attorney Section 7: Vested Rights The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly submit all plats and agreements required to be recorded, as specified herein, within one year of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part ofthe approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance. the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public ofthe approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public o f the approval o f a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to t e n of the City of Aspen and Title 24, Article 68, Colorado the following described property: Gibson Matchless kin County Colorado, as more fully described in City of o. 21, Series 2015. pt the development order from subsequent reviews and the general rules, regulations and ordinances or the City of approvals are not inconsistent with this approval. subject to all rights of referendum and judicial review; the e exercise of such rights shall not begin to run until the date final development approval as required under Section dum shall be limited as set forth in the Colorado Constitution ive thirty (30) days following final adoption. Ordinance 21, Series 2015. pg. 5 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 9 90 4 490 61 4 9-vl /15'62 , Aspen, CO SCHEDULED PUBLIC HEARING DATE: -To.ie_ 2 , 20 (5 STATE OF COLORADO ) ) SS. County of Pitkin ) L 46 6-/490 Â« (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: K Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the day of , 20 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained frdm; the Community Development Department, which contains the informationÂ·described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) PUBUC NOnCE RE: Gibson Matchless Lot Split, Commonly known as 980 and 990 Gibson Avenue L NOTICE IS HEREBY GIVEN that a public hearing ~,~ before City Council will be held on Monday, June 1, 2015, at a meeting beginning at 4:00 p.m. in the Gz City Council chambers within City Hall, 130 S. Ga- 3 00 lena Street, Aspen, Colorado, to consider an appli- 3 -1-1 cation submitted by Haas Land Planning on behalf .Â»Â» of Gibson Matchless LLC (1924 Piedmont Circle NE, Atlanta, GA) and the Van Meter Family Living e I-1 Trust (1352 Bay Street, Alameda. CA). The Appli- i -<m cants are requesting a Minor Subdivision approval m=O via a Lot Split to permit the creation of one addi- . um ~- tional lot for a total of two lots. The property is commonly known as 980 Gibson Avenue and 990 REO<W Gibson Avenue, and legally described as: : 00-0-0 m<orCÂ» Condominium Unit 1, Alpine Acres Condominiums No. 1, According to the condominium map record- '522=1 ed August 2, 1977 in Plat 6 at Page 11 and as de- fined and described in the Condominium Declara- 43 2Bom tion recorded August 2,1977 in Book 332 at page 1 N A R 722; and -9,3- CD Condominium Unit 2, Alpine Acres Condominiums M 0 No. 1, according to the condominium map record- ed august 2,1977 in plat book 6 at page 11 and W Z according to the first amended condominium map r of unit two of Alpine Acres Condominiums #1 re- corded September 15, 2003 in Plat Book 67 at Page 17 and as defined and described in the Con- dominium Declaration recorded August 2,1977 in Book 332 at Page 722; and Quarter: SE Section: 7 Township: 10 Range: 84 Northerly Parcel being a portion of Silver King Drive, Block 1 of Alpine Acres Subdivision record- ~ ~1 ed on Plat Book 3 Page 2 and more commonly -<-4 >- known as Matchless Drive beginning at the west- erly most corner of Lot 3 Alpine Acres Subdivision =t #5 rebar found in place, thence S 48Â°50'17"E along C n the southwesterly line of Lot 3 a distance of 63.02 Et FT, thence S 65Â°5541"W 66.07 FT to the north- easterly line of Lot 1 of said Alpine Acres Subdivi- sion, thence N 48Â°50'17"W 123.75 FT to a #5 re- bari thence S 82Â°59'52"E 106.85 FT to the point of beginning ; and Quarter: SE Section: 7 Township: 10 Range: 84 ED Southerly parcel being a portion of Silver King - Drive Block 1 Alpine Acres Subdivision Plat Book 3 ,-- Page 2, more commonly known as Matchless Drive, beginning at the southwesterly line of lot 3 Alpine Acres Subdivision from which the westerly most corner of lot 3 bears N 48Â°50'17"W a dis tance of 63.02 FT, thence s 48Â°50'17'E along the Southwesterly lines of lots 2&3 Alpine Acres Sub- division 102.04 FT to the centerline of an existing drainage, thence S 56Â°36'27Â·W along said drain- age 22,65 FT, thence S 53Â°34'06"W along said .= drainage 26.11 FT, thence S 17Â°52'03"W along said drainage 13.79 FT to the northeasterly line of C1 Lot 1 Alpine Acres Subdivision, thence N - 48Â°50'17"W along said northeasterly line 123.53 FT, thence N 65Â°55'41 "E 66.07 FT to the point of 7 A C r beginning, .=. For further information, contact Rebecca Levy at the City of Aspen Community Development De- partment, 130 S. Galena St., Aspen, CO, (970) 920.5090, becky.levy@cityofaspen.com f 9 Steven Skadron. Mavor Aspen City Council Published in The Aspen Times on May 14, 2015 (11182522) KAREN REE Mycommission expires: COI\(74|ll/,7 NOTA WITNESS MY HAND AND OFFICIAL SEAL \ I g 2 3 R 2 8 5 E 2 5 2 -1 0- â€ž 0 0 2 0 7 = - w 1.-m + - i 91 2 a v -O 0 0. EM E.* On 2 % @ f E. 2- z o Ho Z a at -Â· . 4 " 1 3=242. ENREfa j- 2% Rl Â°Â·Â·Â· 02 P-' t~=7 Â· O 0 + = 0 0 p. O 0 0 79 3 + R cic 2. -Â· r." ./ bY CD) D k r .4 2 2. 4 E p Â¤ 0 0 1 - â‚¬ M - =Â· 2 W.) SP Cr V; p E .2 0 2 2- S lmENS L~ RE g 2 F p r 3 9 + 8 Ea Â¤ n 0 0 9% R/2=NIES* F 004 F E. X=-0 0 ch pl ug ( 0 ~54 ~ ~ - -1) 0. + =. 0 -, u 5 3 40 0 26--4*'b =k ED 5 0 4; ST ir 5 gf i: AB 5 > M. Z a A L 0 a R -7Â«23 W M E. Â·0 Â°Â· R E R~ R 0.2 % DJ O Â· 0 grDO- 5.R~~Â·Â·-- i E 0(f-CD noe g â‚¬ VE g 2 / ~ -3 AERERS) Â¤3 Mr & 81 a 34 A SgE #CJ-O-_S ;. 6/ gr 21 Fr im M. E. 41 4 P. 2, 8 % ur gr..8 2 5 0 3. St E O 0 5. cy Crc? 01 A y cr E Â« L S. 0+2 ~: 64. RE 2 9 O -1 RE Tru W 3 2 2 00 EL E. 6-321 2 1 5- R E 03 ir S g c M Et; R g p g Â»3 R R 40 -Â· re â‚¬D 2 -.20 . En =-00 â‚¬'D w G r-" O $. A +I 0 0 = 7 f f @.* h EP 2 5 Â¤ KENREM I i a F ZE R 2 /3 E. 3 9 9 5 6. 00-70- %-13'W JO KupÂ·RVS,Siql OUI 01040 Jo MABPLUVâ€ž BU!080103 041 on such amendments. *Uluozaw x rec unt. ta minimu Ds tha c Minil st Owene/1,2,1~21 the c g of notice, return initial public heari hange shall be waived. H asn puel o OnS lOg10 AA S DUA\O Jo SOS AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: A 9%27,/990 645-on Ave A(.uj , Aspen, CO SCHEDULEI) PUBLIC HEARING DATEÂ· Our\2 1 .,20/5- STATE OF COLORADO ) ) SS. County of Pitkin ) L Jodj #Clrolown (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. X Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was~;posted at least fifteen (15) days prior to the public hearing on the /5-*-day of /1700-4 , 20 / 550 and including the date and time of the public hearing. A pllotograph of the posted notice (sign) is attached hereto. K Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to ,Â· the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method ofpublic notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, PDs that create more than one lot, and new Planned Developments are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. *04-1-6 2- UfgnatiU The foregoing "Affidavit of Notice" was acknowledged before me thi 25*'AF Â°f #140(< , 299., by -:Apt<'+HY49Â£17-6 WITNESS MY HAND AND OFFICIAL SEAL JOANA.-PERSTEr-----1 NOTARY PUBUC STATE OF COLORADO M*QuguENion expires: 6'5~4~Zfp NOTARY ID 19994005341 //./ //*t\, LfÂ« J MY COMMISSION EXPIRES MARCH 03, 2019 L _/011417:A I. Â£3510{*& Public ATTACHMENTS AS APPLICABLE: ~ COPY OF THE PUBLICATION â€¢ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 PUBLIC NOTICE RE: 980 Gibson Avenue and 990 Gibson Avenue, SUBDIVISION To whom it may concern, You are receiving this notice because you have been identified in the Pitkin County Assessor's records as owning an interest in property located within 300 feet of 980 and 990 Gibson Avenue, Aspen, Colorado. The City ofAspen Land Use Code requires notice of a public hearing to be posted, published and mailed to all property owners within 300 feet of the property. NOTICE IS HEREBY GIVEN that a public hearing will be held before City Council on Monday, June 1,2015, at a meeting to begin at 4:00 p.m. in the City Council chambers within City Hall, located at 130 S. Galena Street in Aspen, Colorado, to consider an application submitted by Haas Land Planning on behalf of Gibson Matchless LLC (1924 Piedmont Circle NE, Atlanta, GA) and the Van Meter Family Living Trust (1352 Bay Street, Alameda, CA). The Applicants are requesting a Minor Subdivision approval via a Lot Split to permit the creation of one additional lot, for a total of two lots. The property is commonly known as 980 Gibson Avenue and 990 Gibson Avenue, and legally described as: Condominium Unit 1, Alpine Acres Condominiums No. 1, According to the condominium map recorded August 2,1977 in Plat 6 at Page 11 and as defined and described in the Condominium Declaration recorded August 2, 1977 in Book 332 at page 722; and Condominium Unit 2, Alpine Acres Condominiums No. 1, according to the condominium map recorded august 2,1977 in plat book 6 at page 11 and according to the first amended condominium map of unit two of Alpine Acres Condominiums #1 recorded September 15,2003 in Plat Book 67 at Page 17 and as defined and described in the Condominium Declaration recorded August 2,1977 in Book 332 at Page 722; and Quarter: SE Section: 7 Township: 10 Range: 84 Northerly Parcel being a portion of Silver King Drive, Block 1 ofAlpine Acres Subdivision recorded on Plat Book 3 Page 2 and more commonly known as Matchless Drive beginning at the westerly most corner of Lot 3 Alpine Acres Subdivision #5 rebar found in place, thence S 48Â°50'17"E along the southwesterly line of Lot 3 a distance of 63.02 FT, thence S 65Â°55'4 1 " W 66.07 FT to the northeasterly line of Lot 1 of said Alpine Acres Subdivision, thence N 48Â°50'17"W 123.75 FT to a #5 rebar, thence S 82Â°59'52"E 106.85 FT to the point of beginning ; and Quarter: SE Section: 7 Township: 10 Range: 84 Southerly parcel being a portion of Silver King Drive Block 1 Alpine Acres Subdivision Plat Book 3 Page 2, more commonly known as Matchless Drive, beginning at the southwesterly line of lot 3 Alpine Acres Subdivision from which the westerly most corner of lot 3 bears N 48Â°50'17"W a distance of 63.02 FT, thence s 48Â°50' 17"E along the Southwesterly lines of lots 2&3 Alpine Acres Subdivision 102.04 FT tothe centerline ofan existing drainage, thence S 56Â°36'27"W along said drainage 22.65 FT, thence S 53Â°34'06"W along said drainage 26.11 FT, thence S 17Â°52'03"W along said drainage 13.79 FT to the northeasterly line of Lot 1 Alpine Acres Subdivision, thence N 48Â°50'17"W along said northeasterly line 123.53 FT, thence N 65Â°55'41"E 66.07 FT to the point of beginning, For further information, contact Rebecca Levy at the City ofAspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2755, becky.levy@cityofaspen.com. 341 PARK LLC 981 KING STREET LLC 990 KING STREET UNIT #2 LLC 303 SHORELINE CT PO BOX 3123 1295 RIVERSIDE DR GLENCOE, IL 60022 ASPEN, CO 81612 ASPEN, CO 81611 ALVIS STEVEN D & MARCI L ANDRULAITIS FIONA MCWILLIAM ASPEN/PITKIN COUNTY HOUSING 8827 W SAM HOUSTON PKWY N #200 409 PARK CIRCLE #4 AUTHORITY HOUSTON, TX 77066 ASPEN, CO 81611 210 E HYMAN AVE #202 ASPEN, CO 81611 AWREY HOWARD LIV TRUST 50% BALLOU JONATHAN & HELBING ATHENA BEATON GLENN K OCALLAGHAN AWREY LIV TRUST 50% 403 PARK AVE #6 936 KING ST 125 E 7TH #100 ASPEN, CO 81611 ASPEN, CO 81611 PUEBLO, CO 81003 BECK JEFFREY L & JANET SUE BECKER ALAN K TRUST BENTLEY CARL F 6211 RAINTREE CT 950 MATCHLESS DR 427 PARK CIR DALLAS, TX 75254 ASPEN, CO 81611 ASPEN, CO 81611 BERNARD RANDY BIBBIG DIETER BURGESS HILARY 18 PLATEAU RD 333 PARK AVE 403 PARK AVE #8 ASHEVILLE, NC 28805 ASPEN, CO 81611 ASPEN, CO 81611 CALAMARI MICHAEL CHRISTOPHER MICHAEL CITY OF ASPEN 317 RUE SAINT ANN 130 MAPLE LN 130 S GALENA ST METAIRIE, LA 700053469 ASPEN, CO 816112179 ASPEN, CO 81611 COLORADO MTN NEWS MEDIA CROFT LORI CUNNINGHAM CAITLYN E PO BOX 1927 2516 SHIRLEY AVE 425 PARK CIR #Al CARSON CITY, NV 89702 FORT WORTH, TX 76109-1355 ASPEN, CO 81611 DAVIS D STONE DODARO CHRISTINE M & PETER W DOUGHERTY THOMAS P PO BOX 8904 930 MATCHLESS DR 5317 LIMESTONE RD ASPEN, CO 81612 ASPEN, CO 81611 WILMINGTON, DE 19808 DUNAWAY WILLIAM R ELA CHARLES S EPLERANDI E FARR TENA D 140 MAPLE LN PO BOX 785 PO BOX E ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 FARR TENA D FAT CITY APARTMENTS LLC FEINSTEIN JEROME D FAMILY TRUST PO BOX E 402 MIDLAND PARK 1211 GULF OF MEXICO DR#901 ASPEN, CO 81612 ASPEM CO 81611 LONGBOAT KEY, FL 34228 LUU VINH MAINIAC PROPERTIES LLC MAPLE CHARLES A & BRYCE M PO BOX 8513 10 STARBIRD RD 927 GIBSON AVE ASPEN, CO 81612 SCARBOROUGH; ME 04074 ASPEN, CO 81611 MCINTYRE GEOFF & LEE AMORY MCKNIGHT SPENCER MCLAUGHLIN KEVIN 403 PARK AVE #7 403 PARK AVE #10 403 PARK AVE #4 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 MERZBACH NINA MICKEY JAMES & MARLENE MORK HALBERT L FAMILY TRUST 31 LAS ALTURAS RD 931 GIBSON AVE 77 ASPEN WAY SANTA BARBARA, CA 931032171 ASPEN, CO 81611 ROLLING HILLS, CA 90274 MOYER MARY MUNROE KRISTIN EPLER TRUST 50% NAGLE MELINDA LEE 424 PARK CIR #6 PO BOX 785 PO BOX 914 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 NARAT APSARA PARKGULF LLC PATTERSON DANIEL E & SUSAN R 415 PARK CIR #5 616 E HYMAN AVE 580 CEMETERY LN UNIT 2 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 PHILLIPS JESSICA PIERCE ROBERT KING PULASKI ADAM K & ELIZABETH A 407 PARK AVE #A PO BOX 3118 4410 CAMELLIA LN ASPEN, CO 81611 ASPEN, CO 81612 BELLAIRE, TX 77401 RACQUET CLUB CONDO ASSOC ROCKY MTN PROPERTY 11 LLC RUGGIERI LISA ANN 1000 MATCHLESS DR 73 SMUGGLER GROVE RD 136 MAPLE LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 RUSSELL LYNN C SCHUR JACOB A SHEEBERAIMEE PO BOX 8904 3608 S 14TH ST #23 138 MAPLE LN ASPEN, CO 81612 ALEXANDRIA, VA 22302 ASPEN, CO 81611 SILVA ERILSON U SMALLS RAY SMISEK LINDA L E 500 PARK CIR PO BOX 3197 429 PARK CIR C-3 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 SMUGGLER RACQUET CLUB TLDL ENTERPRISES LLC TRACY JACQUELINE ANN PO BOX 8788 1486 ALABAMA DR 431 PARK CIR #C ASPEN, CO 81612 WINTER PARK, FL 32789 ASPEN, CO 816112477 FISHER CONSTANCE A GIRVIN LINDA A GOLDBERG DANIEL J 151 NW 60TH ST 414 N MILL ST 424 PARK CIR # 3 SEATTLE, WA 98107 ASPEN, CO 81611 ASPEN, CO 81611 GOLDSMITH FRANK & CYNTHIA GRAHAM MARGOT GREENWOOD KRYSTINA 508 PARK CIR PO BOX 2254 1050 MATCHLESS DR #2 ASPEN,CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 GREENWOOD WILLIAM S HAT COLORADO LLC HATANAKA HOWARD I PO BOX 4778 1209 ORANGE ST 980 KING ST ASPEN, CO 81612 WILMINGTON, DE 19801 ASPEN, CO 81611 HEARTSTONE LLC HENDRICKS LYNDELL B HOLLINGER JONATHAN PO BOX 151 PO BOX 11152 403 PARK AVE #3 ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81611 HUA VINH JSDCS ASPEN LLC KA&M PITKIN PARTNERS LLC PO BOX 2439 3785 NW 65TH LN 5419 WATEKA DR ASPEN, CO 81612 BOCA RATON, FL 33496 DALLAS, TX 75209 KARAUS LINDA MARIE & GREGORY KASABACH JACQUELYN A KNIGHT ERIC B DONALD PO BOX 4166 138 MAPLE LN 510 PARK CIR ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 KRIEBEL KATHLEEN KROMELOW BASIL M & LAUREANNE L KURNOS TIMOTHY A PO BOX 910 55 W DELAWARE PL 403 PARK AVE #9 ASPEN, CO 81612 CHICAGO, IL 60610 ASPEN, CO 81611 LANG DONALD W LAWRENCE LARRY S QPR TRUST 50% LESTER LINDA T 50% PO BOX 4166 8560 RUETTE MONTE CARLO 424 PARK CIRCLE #TH1 ASPEN, CO 81612 LA JOLLA, CA 92037 ASPEN, CO 81611 LESTER THOMAS D 50% LIPSEY WILLIAM S LOEWENSTERN CAROL TRUST 1353 BLAIRMOOR CT 955 KING ST 910 GIBSON AVE GROSSE POINT WOODS, MI 48236-1022 ASPEN, CO 81611 ASPEN, CO 81611 LOUTHIS PETER LOWE SARA M & CORY J LUU TONG KHON PO BOX 4254 407 PARK AVE #B 435 E MAIN ST STE 03 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 VANGARDEREN TEJAY WAGAR RICHARD H WALDRON K BRENT 407 PARK AVE #A PO BOX 9063 PO BOX 4900 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 WERTZ LIMOR ZIRBEL NANCY C TRUST PO BOX 9227 PO BOX 8998 ASPEN, CO 81612 ASPEN, CO 81612 COMMUNITY DEVELOPEMENT 130 S. GALENA STREET 51 ASPEN, CO 81611 GIRIN LINDA A 414 N MILL ST ASPEN, CO 81611 4-- 11 1 /' a = 2 U'.2 ZE 1 8503/21;15 RETuRN TO SENDER VACANT UN ABL E TO FORWARD CL. C=01-190230 *1668-09425-21-30 81611@1902 111'11!|'11|ji'!til!111'11111'illl'11]lil'11,11111'ijilii ij:,Â·2 45ktoÂ·-M ......' GRAND JUNCTION CO 815 1.5 M:AY 201.5 PM 1 L COMMUNITY DEVELOPEMEN) ..r -/$61 '-i 130 S. GALENA STREET ---t- 1 ASPEN, CO 81611 MAINIAC PROPERTIES LLC 10 STARBIRD RD 74 SCARBOROUGH, ME 040 - -- .1 ... '. A ----,--.-- 14 1 A Â£ 2 OLD / 1 1 0 5 2 0003/ 40 5 --3 RETURN TO SENDER NOT DE-IVERAELE AS ADDRESSED UNABLE TO FORWARD SC: 81611190230 *1979-20039-15-41 061Â©24*%421. illililiJilittillillilitilitilj]Iii:i'111'1'01:'lilli.t:,1.11 it. 133 1 6 CO{vivt,JNITYDEVELOPEMENT 130 S. GALENA STREET ASPEN, CO 81611 J RACQUET CLUB CONDO ASSOC Y 1000 MATCHLESS DR 2 ASPEN,CO 81611 14 12.1 C ae.: Si -< ----,-- RETuRN TO SENDER NO MAIL RECEPTAr UNABLE TO FORWif~ 221 31611i90230 -1668-056,7-. S 81611@1902 Ill!11111'ittli#}113,11)1<,lilittilit)â€ž111,}, *Ild".LI'diii}Jude 3 1 COMMUNITY DEVELOPEMENT 130 S. GALENA STREET ASPEN, CO 81611 /- - NARAT APSARA 415 PARK CIR #5 ASPEN, CO 81611 ~1112 i.= 4 -- ./f =002:2 0. 15 i K=lurm 10 bENDE, 54 0; Â» 42 1 2 2 C E b 7 4 7 2 1 0 3 -2 -12. 8161191902 .1.'3.4-}441'Fli'Â·Â·i'.'B<i.24-~1-,~':'3'VAP.L';.14:1!:4- i'"li 1, ,Â·, 6 COMMUNITY DEVELOPEMENT 130 S. GALENA STREET ~rmyly'l ASPEN, CO 81611 .7- LESTER UNDAT 50% 1 414 PARÂ¢ CIRCLE #TH1 \AS:Re-90 81611 NIXIE 54 1> 9 : t- .4 13 :1.- -4- L e 9 8 6 5 6 1.1.. RETURN TO SENDER NOT DELIVERA563 2r AS ADD{â‚¬ESSIE UNABLE . . D 'll . .. ..1 ArÂ· 81611190230 *062 0-25 02 4-:A- r 9 81611@1902 9 "1111'ilitililillil,liil,1,1111:il,}Ill!''i'111'li'll!. 2,;i611 COMMUNITY DEVELOPEMENT 130 S. GALENA STREET ASPEN, CO 81611 1 KRIEBEL KATHLEEN Â£ PO BOX 910 ASPEN, CO 81612 Â· Â»...c-Â· -: ~.1 - 32 03. 20.: 1 3 f 1 N A, 3Â· ; / 4 D ..L I.Â· - & - >-0,- .... 55~ 21â‚¬1191/02 A:i.:.c puu ' '// . ' 8,. -068-01693-28-22 \A, COMMUNITY DEVELOPEMENT 130 S. GALENA STREET ASPEN, CO 81611 FSPE.: i CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 4. . U 11 , I I ~,lip* -~or, FOREVER THE CITY OF ASPEN Mailing Instructions 1. Obtain mailing text from the planner handling your application. 2. Obtain mailing labels from the GIS office, Bridgette Kelly - 920.5453. Note that the mailing labels may take a few days to obtain and that there is a fee. City code requires the list to be current within 60 days of the scheduled public hearing. 3. Photocopy the mailing labels before attaching to envelopes and attach list to affidavit form with one copy of the mailing text. 4. Mail the text to each ofthe property owners on the list. Additional notes, text, graphics, etc. can be included if you desire. 5. Complete the affidavit form acknowledging the mailing. 6. Deliver the affidavit form to the planner handling your case prior to the hearing. Posting Instructions 1. Obtain public notice (PDF File) from City Planning office and have printed as a 24" by 36" poster on a hard board and laminate (or otherwise protect from the elements). 2. Secure the poster on-site in an obvious location. 3. Take a picture of poster and attach the picture to the affidavit form. 4. Complete the affidavit form acknowledging the posting. 5. Deliver the affidavit form to the planner handling your case prior to the hearing. Mineral Rights Instructions (when applicable) 1. No less than 30 days prior to the initial public hearing, applicant shall send notice by certified mail, return receipt requested, or by a nationally recognized overnight courier. 2. Applicant is responsible for identifying a mineral estate owner as: a. A mineral estate owner in the county tax assessor' s records, or b. Via the county clerk and recorder, a mineral estate owner has filed a request for notification. 3. If such records do not identify mineral estate owners for the subject property, the applicant shall be deemed to have acted in good faith. Complete the affidavit form acknowledging the effort made with a letter outlining steps taken and /or proof of mailing. I I . 47/ :: 1 Â¥Â·. >*'' 1 I PUBLIC NOTICE 00,4 1 rw* 9%*49 ..../- PM.-Â· - Â¢* '7:149//--~~ ,1. . Â§2 -â€¢ p f -141 J Sara Adams From: Mitch Haas <mitch@hlpaspen.com> Sent: Wednesday, March 18, 2015 1:58 PM To: Sara Adams Subject: Gibson & Matchless Subdivision Attachments: Preliminary Gibson-Matchless Subdivision Plat_3-17-15.pdf; ATT00001.htm Hi Sara. Attached please find a copy of the revised proposal for the subdivision plat. The only change made is found at the front lot line of proposed Lot 2, where an area has been added to provide for compliance with the 60-foot minimum lot width requirement of the R-6 zoning. This revision also continues to provide a greater than 10' front yard setback for the existing structure on proposed Lot 1. I studied the potential for better aligning with the original townsite plat and cannot find any way at all to do so while still addressing the requirements of the private agreement reached between the co-applicants. At any rate, please let me know if you need a 24x36 print of the attached or anything else to go along with this. The revision proposed on the attached has no affect whatsoever on net lot areas, allowable densities or allowable floor areas. I hope you're feeling better. 1 *tu55 6 4/Vll t lot Best regards, *Â£*, Villhy Mitch 4"n & RM~lilÂ·Al{ 64( 4 f'*0114) Mitch Haas Haas Land Planning, LLC 03 00 v,41:>4- vvt (10 Ck iz, FACUOev Ao-rl 420 East Main Street, Suite 10-B Aspen, CO 81611 Phone: (970) 925-7819 Email: mitch@hlpaspen.com â€¢A Please consider the environment before print ng this email Confidentiality note The above email and any attachments contain information that may be confidential and/or privileged. The information is for the use of the individual or entity originally intended. If you are not the intended recipient, any disclosure. copying. distribution or use of this information is prohibited. If this transmission is received in error, please immediately notify the sender and delete this message and its attachments, if any. 1 FINAL PLAT GIBSON & MATCHLESS SUBDIVISION 6& g g V ES u E M.2 00 N I <d zu N z 4 A REPLAT OF ALPINE ACRES CONDOMINIUMS NO. 1 RECORDED]NPLAT BOOK 6 AT PAGE 11, THE FIRST AMENDED CONDOMINIUM MAP OF 4. 1 1 MO;to SO - 2 199 UNIT TWO OF ALPINE ACRES CONDOMIN]UMS NO. 1 RECORDED IN PLAT BOOK 67 AT PAGE 17 AND A PORTION OF SILVER KING DRIVE (REC. 0 5 /5 NO. 550853) SHOWN ON BLOCK 1 OF ALPINE ACRES SUBDIVISION RECORDED IN PLAT BOOK 3 AT PAGE 2, 6 SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M. C]TY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO Â¥.921 .:Â·Â·Â·,24~Â·\ .''t-44-:, lit 79'4 - rue PURPOSE ?????? J ' *~ k -.t:: #p< ~~ ~~~~!' \Â·'3~1.;fÂ« 94' .:~~14&...!41 '.f,/24..i'\.Li tÂ·=2Â·;,ARQlm*_AvRNÂ»* CERTIFICATE OF OWNERSHIP AND DEDICATION PLAT NOTES: CITY ENGINEER APPROVAL KNOW All. MEN BY THESE PRESENTS: 1. BASIS OF BEARINGS FOR THIS ANAL PLAT IS A BEARING OF S66'09'00 W BETWEEN MEE SOUTHEAST THIS MNAI Fl AT OF GIBSON M MATCHI FF 'i,Jln,VISION HAS BEEN REViEWED AND APPROVED BY THE CITY w ./. , . 71 4 '' 79.4 .. THAT THE UNDERSIGNED ARE lHE 0Â¥mIERS OF THAT REAL PROPERTY SITUATED IN THE COUNTY OF PITKIN, STATE OF V CORNER OF LOT 1, A REBAR AND 1-1/4' YEILOW PLASTIC CAP MARKED PROP CORNER HCE LS19598 AND OF ASPEN ENGINEER. COLORADO DESCRIBED AS FOLIOÂ¥,15: THE SOUTHWEST CORNER OF LOT t,A REBAR AND 1-1/4 YELLOW PLASIC CAP ILLEGIBLE AS SHOWN *:51 3 HEREON. CONDOMINIUM UNIT 1, ALINE ACRES CONDOMINIUMS NO. 1, ACCORDING TO THE CONDOMINIUM MAP RECORDED AUGUST 2 FIS- DAY OF 7019, . 1977 IN PLAT 6 AT PAGE 11 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARAZON RECORDED AUGUST 2, VICINITY MAP Z 2 DAm OF SURVEY: NOVEMBER 17 & 18. 2014. 6-Â· 1977 IN BOOK 332 AT PAGE 722. SCALE: 1 = 2000 . W *f49 AND .COE 3. UNEAR UNITS USED TO PERFORM THE SURVEY WERE U.a SURVEY FEET. RYÂ· CONDOMINIUM UNIT 2, ALPINE ACRES CONDOMINIUMS NO. 1, ACCORDING TO THE CONDOMINIUM MAP RECORDED AUGUST 2, 4. MIS FINAL PLAT IS BASED ON THE CONDOMINIUM MAP OF ALPINE ACRES CONDOMINIUMS NO. 1. RECORDED CITY ENGINEER 1977 IN PLAT BOOK 6 AT PAGE 11 AND ACCORDING m THE FIRST mENDED CONDOMINIUM MAP OF UNIT 30 OF ALPINE IN PLAT BOOK 6 AT PAGE 11, IHE FIRST AMENDED CONDOMINIUM MAP OF UNIT TWO OF ALPINE ACRES L..ACRES CONDOMINIUMS #1 RECORDED SEPTEMBER 15,2003 IN PLAT BOOK 67 AT PAGE 17 AND AS DEFINED AND CONDOMINIUMS NO, 1. RECORDED IN PLAT BOOK 67 AT PAGE 17. ALPINE ACRES SUBDIVISION RECORDED IN DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED AUGUST 2, 1977 IN 8001< 332 AT PAGE 722. PLAT BOOK 3 AT PAGE 2, QUITE TTLE RECORDED AS RECEPTION NO. 550853, CITY OF ASPEN GPS AND CONTROL MONUMENTATION 2009 MAP AND CORNERS FOUND IN PLACE AS SHOWN. A PARCEL oF UND BEING A PORTION OF SILVER KING DRIVE. BLOCK 1. ALPINE ACRES SuaDMSION, CITY OF ASPEN, 5. THIS PROPERTY IS SUBJECT TO RESERVAnoNS, RESTRICIONS. COVENANTS AND EASEMENTS OF RECORD COUNTY OF Pin<IN, STATE OF COLORADO, AS SHOWN ON THE PLAT THEREOF RECORDED IN PLAT RECORDED /LY 6.1964 m OR IN PLACE AND EXCEPTIONS TO nTLE SHOWN IN THE TITLE COMMIâ„¢ENTS PREPARED BY LAND nTLE IN PLAT BOOK 3 AT PAGE 2 AS RECEPRON NO. 118173 IN THE OFFICE OF THE CLERK AND RECORDER OF PIll<IN COUNTY, GUARANTEE COMPANY, DATED: OCTOBER 28, 2014 (ORDER NUMBER BAR62006310) AND DATED: AUGUST SAID DRIVE MORE COMMONLY KNOWN AS MATCHLESS DRIVE IN THE ITÂ£OF ASPEN, SAID PARCEL. BE]NG MORE 25, 2014 (ORDER NUMBER Q62006202-4). PARTCULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY MOST CORNER OF LOT 3 OF SAID AL.PIN~ES SUBDIVISION, A NO. 5 REBAR FOUND IN 6. THIS PROPERTY IS SUBJECT TO RIGHT OF PROPRIETUR OF A VE]N OR LODE TO EXTRACT AND REMOVE HIS PLACE: THENCE S.48Â·50'17~E ALONG THE SIUTHWESTERLY UNE OF LCÂ¢ 3 A DISTANCE OF 6302 FEET; THENCE ORE THEREFROM SHOuto THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED S.65Â·55'41 W. A DISTANCE OF 66.07 FEET TO THE NORTHEASTERLY UNt OF LOT 1 OF SAID ALPINE ACRES SUBDIVISION: E E. 6 5 IN UNITED STAIES PATENIT RECORDED AUGUST 29,1958 IN BOOK 185 AT PAGE 69. ~DENCE N.48Â·50'17-W A DISTANCE OF 123.75 FEET TO A NO. 5 REBAR; mENCE S.82'59'52 E A DISTANCE OF 106.85 z *8$ 8 7. THE NORTHERLY AND SITHERLY PARCELS SHOWN HEREON ARE SUBJECT TO EASEMENTS, RIGHTS OF WAY COMMUNITY DEVELOPMENT DIRECTOR APPROVAL FEET TO THE POINT OF BEGINNING. TITLE CERTIFICATE AND ALL MATTERS AS DISCLOSED IN PLAT OF ALPINE ACRES SU8DIVISION RECORDED /LY 5, 1964 IN AND - W .X . THE UNDERSIGNED A DULY AUTHORIZED REPRESENTATIVE OF LAND nTLE GUARANTEE COMPANY, REGISTERED TO DO PLAT BOOK 3 AT PAGE 2 AS RECEPTON NO. 118173. THIS ANAL PLAT Of GIBSON & MATCHI FSS SUBDIVIcION HAS BEEN REVIEWED AND APPROVED BY RE CITY OF SOUTHFRI Y PARCF] RFIPION NO 55085,1 BUSINESS IN PITK,N COUNTG COLORADO, HAS EXAMINED THE TILE TO ALL LANDS SHOI UPON THIS FINAL PLAT OF e @05 9 ASPEN COMMUNITY DEVELOPMENT DIRECTOR THIS- DAY OF 2015 A PARCEL BONG A PORTION OF SILVER KING DRIVE, BLOCK 1. ALINE ACRES SUBDIVISION. CITY OF ASPEN, COUNTY OF ~2LLMAICHiESS SUBDIVISION AND THAT UTLE TO SUCH LANDS IS VESTED IN ABG ENTERPRISES LLC.. IS FREE Z WI: Ci 8. TERMS, CONDiTIONS, PROVISONS AND OBUGATONS OF EASEMENT AND RIGHT Of WAY GRANTED TO THE PITKIN. STATE OF COLORADO, AS SHOWN ON THE PLAT THEREOF RECORDED JULY 6,1964 AT RECEPTION NO. 118173 1N AND CLEAR OF ALL UENS, TAXES AND ENCUMBRANCES, EXCEPT AS FOLLOWS: CITY OF ASPEN IN INSTRUMENT RECORDED DECEMBER 21.1976 IN BooK 321 AT pAGE 761 is slowN PLAT BOOK 3 AT PAGE 2 IN THE OFFICES OF THE CLERK AND RECORDER OF PITKIN COUNTi, SAID DRIVE MORE COMMONLY HEREON. KNOBN AS MATCHLESS DRIVE IN THE CITY OF ASPEN. SAID PARCEL BONG MORE PARTICULARLY DESCRIBED AS FOLLOWS: W === 9 , BKÂ¢INNING AT THE SOUTHIESTERLY UNE OF LOT 3 OF SAID ALPINE ACRES SUBDIV!SION, FROM WHICH THE WESTERLY MOST 2 === + 9. THIS PROPERTY IS SUBJECT TO ALL MATTERS AS SET FORTH IN ANNEXATION OF REAL PROPERTY INTO RYÂ· f Â»RNER OF SAID LOT 3 BEARS N.48Â·50'17'W. A DISTANCE OF 63.02 FEET; THENCE S.48'50'171 ALONG lHE THE CITY OF ASPEN IN INSTRUMENT RECORDED FEBRUARY 9.1977 IN BOOK 324 AT PAGE 657 AND COMMUNIrf DEVELOPMENT DIRECTOR L./ SOUIHWESTERLY UNES OF LOT 3 AND LOT 2 OF SAID ALPINE ACRES SUBDIVISION A DISTANCE OF 10204 FEET To THE ANNEXATION MAP RECORDED FEBRUARY 9, 1977 IN PLAT BOOK 5 AT PAGE 64. ANNEXATION OF ALPINE CENTERLINE OF AN DOSTING DRAINAGE: THENCE S.56Â·36'27-W. ALONG SAID DRAINAGE A DISTANCE OF 22.65 FEET THENCE ACRES SUBDIVISION INTO THE CITY OF ASPEN. S.53Â·34'06~W. ALONG SAID DRANAGE A DISTANCE OF 26.11 FEET; THENCE S.173203â„¢.ALONG SAID DRAINAGE A DISTANCE OF 13.79 FEET m THE NORIHEASTERLY UNE OF LOT 1 OF SAID ALPINE ACRES SUBDIVISJON; THENCE Z Zim k 10. THIS PROPERTY IS SUBJECT TO TERMS. CONDIMONS. PROVISIONS AND 08UGAPONS AS SET FORTH IN N.48Â·50'17'W. ALONG SAID NORTHEAS-~bY UNE DISTANCE OF 123.53 FEET; THENCE N.6555411 A DISTANCE OF 56.07 DATED â„¢19 DAY OF 7015. D Eme DECLARATION RECORDED APRIL 26.1977 IN BOOK 327 AT PAGE 887. AFFECTS ALL OF ALPINE ACRES FEET TO THE POINT OF BEGINNING. - --tw SUBDIVISION. W OZ 11. THIS PROPERTY IS SUB.ECT TO TERMS, CONDITIONS, PROVISIONS, OBUGATIONS AS SET FORTH IN ARELES ~ SAID PARCEL CONTAINS 30.786 SQUARE FEET OR 0.707 ACRES MORE OR LESS. 0 0 'GNED OF INCORPORATION OF: ALANE ACRES SUBDIVISION PROPERTr 0Â¥mERS ASSOCIATION RECORDED MAY 19, LINO TTLE GUARANTEE COMPAI I a 1977 IN 8 328 AT PAGE 9 < & MATCHLESS SUBDIVISION. A SUBDIVISION OF A PART OF Pin<IN COUNTY, COLORADO. ASPEN, CO 81611 THAT SAID OWNERS HAVE CAUSED THE SAID REAL PROPERTY TO BE LAID OUT AND SURVEYED AS FINAI PI AT CF GIBSON 533 E HOPKINS AVENUE #102 0 12 LOT 1, BLOCK 1 ALPINE ACRES SUBDIVISION IS SUB,ECT TO TERMS, CONDITIONS, PROVISIONS AND OBUGAPS AS SET FORTH IN THE BY-LAWS OF ALPINE ACRES CONDOMINIUMS 1 RECORDED AUGUST 2. I ~ ~PAT SAID OWNERS DO HEREBY DEDICATE TO lkIE PUBUC ununES THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE 1977 IN BOOK 332 AT PAGE 713. LABELED AS UllUTY EASEMENTS ON THE ACCOUPANUNG PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATION AND CITY COUNCIL APPROVAL MAINTENANCE OF UNDERGROUND UTIUTIES ANO DRAINAGE FACILInES. INCLUDING BUT NOT UMITED TO UNDERGROUND 13. LOT 1, BLOCK 1 ALPINE ACRES SUBDIVISION TERMS, CONDITIONS. PROVISIONS AND OBUGAMONS OF ELECTRIC UNES. GAS UNES. TELEPHONE UNES; TOGETHER WITH THE RIGHT TO TRIM INTERFERING TREES AND BRUSH: WITH STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION RECORDED AUGUST 1, 1977 IN BOOK 333 THIS FNAI M AT OF GIBSON & MATCE F99 f JanIVISION- HAS BEEN APPROVED AND THE DEDICATIONS AND PERPETUAL mIT OF INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH UNES. SUCH EASEMENTS AND AT PACE 4. RIGHTS SHALL BE UTIUZED IN A REASONABLE AND PRUDENT MANNER. SAID OWNERS FURTHER DEDICATE SUCH EASEMENTS EASEMENTS HAVE 8 EEN ACCEPTED BY THE CITY COUNCIL OF .ASPER AS SET F.â„¢01 IN JE PLAT NolfS AM MIPS CONTAINED 1,ELF?aN. 14. THIS PROPERTY IS SUBJECT TO TERMS, COND111ONS AND PROVISIONS OF ORDINANCE NO. 35 RECORDED OCTOBER 01,1987 IN BOOK 547 AT PAGE 196. REZONE ALPINE ACRES SUBDIVISION FROM R15 TO RS. THIS- DAY OF 2015, 1 IN. W'ITNESS HEREOF SAID OWNERS HAVE CAUSED THEIR NAMES TO BE HEREUNTO SUBSCRIBED THIS - DAY OF 15. LOT 1, BLOCK 1 ALPINE ACRES SUBDIVISION IS SUB JECT TO THOSE PROVISIONS, COVENANTS AND \'/ AD. 2015. SURVEYOR'S CERTIFICATE CONDITIONS, EASEMENTS AND RESTRICnONS, WHICH ARE A BURDEN TO THE CONDOM1NIUM UNIT DESCRIBED IN SCHEDULE A, AS CONTAINED IN INSTRUMENT RECORDED AUGUST 02, 1977. IN BOOK 332 AT BYÂ· I. FRANK W. HARR NGTON, 00 HEREBY STATE THAT I AM A REGISTERED LAND SURVEÂ·YOR UCENSED UNDER THE LAWS PAGE 722 AND AMENDMENT BY ARBITRAnON AGREEMENT RECORDED 0CmBER 26. 1992 IN BOOK 692 AT MAYOR OF THE STATE OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OF nNAI PI AT OF GIBSON OWNER: ABG ENTERPRISES, UC PAGE 493. & MATCHLESS SUED[VISION AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON. 1HAT SUCH PLAT WAS HADE FROM AN ACCU RAE SURVEY OF SAID PROPERTY BY ME AND UNDER MY SUPERVISION AND CORRECTLY SHOWS THE 16. LOT 1, BLOCK 1 ALPINE ACRES SUBDIVISION IS SUBJECT m EASEMENTS, CONDITIONS, COVENANTS, ATFSTÂ· LOCAnoN AND DII, ENSIONS OF THE LOTS, EASEMENTS AND PRIVATE ROADS OF SAID SUBDIVISION AS THE SAME ARE RESTRICIONS, RESERVAIONS AN D NOTES ON THE PLAT OF ALPINE ACRES CONDOMINIUMS #1 RECORDED CITY CLERK STAKED UPON THE GROUND IN COMPUANCE WInl APPUCABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND. ZZ AUGUST 02, 1977 IN BOOK 6 AT PAGE 11 AND FIREST AMENDED PLAT OF UNIT TWO OF ALPINE ACRES BYÂ· ~ ~ CONDOMINIUMS 01 RECORDED SEPEMBER 15, 2003 IN PLAT BOOK 67 AT PAGE 17. EASEMENTS AND SETBACKS ARE SHOWN HEREON. AARON GOLDMAN. MANAGER IN MTNESS WHEREOF I HAVE SET MY HAND AND SEAL 1MIS - DAY OF A.D. 2015. WE 17. LOT 1, BLOCK 1 ALPINE ACRES SUBDIVISION TO UMITED AND GENERAL COMMON ELEMENTS AS DEFINED ON 0 k THE CONDOMINIUM MAP OF ALPINE ACRES CONDOMINIUMS NO. 1 RECORDED IN PLAT BOOK 6 AT PAGE 11 /Eph\ V RZJ STATE OF - AND THE IRST AMENDED CONDOMINIUM MAP OF UNIT TWO OF ALPINE ACRES CONDOMINIUMS NO. 1 RECORDED IN PLAT BOOK 67 AT PAGE 17. )SS FRANK W. HARR,NGIN LS~ #19598 0 E B 8 18. ELEVATIONS SHOWN HEREON ARE BASED ON NORIH AMERICAN VERTICAL DANM OF 1988 (NAVD 88) COUNTY OF ) 6- 1 APRELIMINARY\) 2< m< Â· REFERENCED FROM NATIONAL GEODETIC SURVEY (NGS) BENCHMARK STATION Q 159 HAVING A PUBUSHED THE FOREGOING DEDICATION WAS ACKNOWLEDGED BEFORE ME THIS - DAY OF A.D.. ELEVATION OF 7911.98 2015, BY AARON GOLDMAN AS MANAGER OF ABG ENTERPRISES, LLC. 4927/ &5 -1-t 19. CONTOUR INTERVAL EQUALS 1 FOOT Ulul isoz MY COMMISSION EXPIRES: Â£ 59 4 V WITNESS MY HAND AND SEAL- <% CLERK& RECORDER'S CERTIFICATE 2 NOTARY PUBUC THIS PLAT M FLED FOR RECORD IN THE OFFICE OF IME CLERK AND RECORDER OF PITKIN COUNI AT - 0 O'CLOCK- hi., ON THE - DAY OF- A. D. 2015, AND IS DULY RECORDED IN BOOK - PAGE RECEPnON NO PROJECT NO. RYÂ· 2141774.00 CLERK ANC RECORDER Al NOTICE ACCCRDÂ»4. TD CCLCRADO LAW YOU hIUST COMMENCE ANT LEGAL Dourr ACTION BASED UPON ANY DEFECT I ..SUR,EY MN. THREE ~EARS 1 OF2 AFTER /)Ul FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY AC!10. BA5ED UPON ANY DUECT IN ./ SURVEY BE COMMENCED MORE .AN TEM Â·,EARS ..0/ THE DATE OF CENTr,CAION 5Ho.N HEREON+ HONVA S 3.Ill #,F'*12: oav o nOO Nl>Illd NOISIAEH 31VC Â·ONI ONI 'DN Ill '63S Â©Ma.1.V-Id.3 9 NOSSID NAL PLAfGASON& MATCHLESS SUBDIVISION Zu N z *9 Z m 2852 .~0.8 4 :.EN ./ 0, M 4% LLC .- Iii *R 80 RI I :t:-P, A REPLAT OF ALPINE ACRES CONDOMINIUMS NO. 1 RECORDEDINPLAT BOOK 6 AT PAGE 11, THE FIRST AMENDEDCONDOMINIUM MAP OF :0 -1- A :o.:. UNIT TWO OF ALPINE ACRES CONDOMINIUMS NO. 1 RECORDED IN PLAT BOOK 67 AT PAGE 17 AND A PORTION OF SILVER KING DRIVE (REC. 0 5 .5 NO. 550853) SHOWN ON BLOCK 1 OF ALPINE ACRES SUBDIVISION RECORDED IN PLAT BOOK 3 AT PAGE 2, m SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO 1 * 1 / 1 LOT 4- BLOCK 1 / / 96-st~#UAL ALPINE ACRES SUBDIVISION ~ / W ILLE-E \ / 1 AREA CALCULATIONS WITHIN LOT 1 \ \ 1 0 / MOSS LOT AREA - 16.178 SQ.FT. \ SILVER \ / -rm#- / AREA IN NORTHERLY PARCEL = 5.321 SQ.FT. AREA IN SOUTHERLY PARCE1 - 1.032 SC}.FT. / 4, 61 /24 1 \ KING DRIVE i 1 GIBSON ROAD EASENENT. 1323:E SQ.FT. SLOF'ES GREATER THAN 30% - 436* SQ.FTÂ· (BOOK 3, PAGE 2 / / / AREACALCULATIONSWITHIN LOT 2 < Â· ~ GROSS LOT AREA - 14,608 SIFT. AFEA IN NORTHERLY PARCEL - 282 SQ.FT. 0 LEGEND - ' Â·.-~~ , ~I ~ M~r ~flâ€¢!= m'â€¢ei ~1Â·., Â· aoEL'-~ Â·. t. 'Â·Â·.Â·Â·, Â· 7 AREA IN SOUTHERLY PARCEL = 5,515 SQ.FT. SLOPES 20% m 30% - 332* SQ.FT. 1 SLOPES GIEATER THAN 30% - 26* SQ.FT. 0 SET NO. 5 REBAR & 1-1/4~ mLOW LOT 3 - BLOCK 1 . W - CL GIBSON ROAD EA=MENT - 811* SOFT. PLASnC CAP MAID(ED PROP COR,ER ~EÂ»CATED I THE 1- -- -r / M 2 2 ~ 1.1 ~20fM%~1:19~ED . 882â€¢59,sj.,5 i, - --1 ~ , ALPINE ACRES SUBDIVISION CAT, PEDESTAL \1 1 1 06.854 -1 1 mBAR 1 TELEPHONE PEI)ESTAL WATER VAnt v0 j 4 S 3% ~ < \\\ \\ ~ 1 FlRE HYDRANT 1- 11 11 / A / Â«Otct WATER SPIGOT .tw> 1 \ al DRY \1Â£11. / /x*tx ~011.n~~- 'lltlit 1 em IR~GATION VALVE BOX , & 1 -3% 1 LOT 1 . - Â® SECTRIC MANHOLE \ 0900/ - O -Â· on (0 1 [0 ELECTECAL METER J VYY>* 6 - a \ 16, Â¤81 SQ.FT. ' X . O.~~ RACQUETCLUB A ElECTRC PEDESTAL fÂ· ~ *1 ' NORTHERLY~DARC'<11 \Â¢ \ O \ Z ium u CONDOMIN1UMS NOR 3 tul GAS MEIER \ Â® SANITARY MANHOLE \ 4â€ž / 3 Di~ \,-09Â§0 ~ h - \ 4 ' RECEPTION NO.1508* \ 1 -- / - FENCE ME e Z W &6 W \) ~Â» / \ i...44. IN W 4Etz % * 9Â«\ 6% \\\ < \ LOT 2- BLOCK 1 1 GUNT OF EASEMENT >. WEOP FXK73 TO THE aTY OF ASPEN 1\ .4â‚¬4,~ 11 l\\\ ~ B %81 1 <.OX"hi FOR PUBUC ROAD AND \ t; ~ %97 1 PAD "31. 4- , t- f --- ~ 1 .v \,724, ## \ .0 I ALPINE ACRES SUBDIVISON / f P<IX>%7] UNDERGROUND UnUIES BOOK 321, PAGE 761 4 4 2 9 .- ----' t. ~ 22 (2,134* SQ.FT.) 5.0' ~639' \ \ 6, / 2 32 1 -N. 1; f \\ / 0 -dw G#NGâ‚¬Â· , E /8./A e 4: .-0\\ h.\ . 5.0 -, â€¢' gX~EL S23'44roo -- \ ~\ 1 LOT 2 / 990 GESON AVENUE \ 24.22, Cr ..EES CO.â‚¬R JACOBIE ,608 SQ.FT. %\\\%\\\\\ E SET REBAR I 1-1/4~ CONDOMIN]UMS \ , 1..i:5197/ / 5 ~ i 1 ~ (Â¢ECERT}o~*iÂ»tf- -- O ANGE PLA5110 SOUY,Â·16*\PAE?CL / E HCE 1.S1~598 0XX4\ ~~6', GARAGE /* '\ . 1 -K I ' ..< - & MF. 0 1 \ \1-- k PLASâ„¢ 04 LS IU.EMBLE 1 \ ' ' 039' w#---4 556Â°36'27Irw ~ # i .4 22,65 \ 1-1/4' ELOW 1 . \ diEZO 0 - 1 --a.u' a' _ 2-1--'- ~ LOT 104 i , 4.: / ! Â· A'CRES St;LDIVISION . Â· ~\ SILVER \ 4~. PLA 00 , PAGE' SET REBAR & 1-1/4' KING DRIVE 9 7.14' WICES CO;'EN A S 19Â°St'03" ' OR,NGE PLASne ZZ \ 43'54 W 1;>â€ž;i, 3 68.Ge, ~ p,Â· - 1 1 16.66' 0 13.2*2 -- MA/(ED I ICE l S19590 (BOOK 3. PAGE 2) 1112 0 I 9 \ 548Â·50'17"E 60'R.O.W. 1 u) 2// SITE-W4181'M:RK ~ \ 1 1.m@"-~ '.1/t PLAITIC CAP LS LL'll. rOUND ....1-1/40 RED 9<~ ~ PLA5110 CAP PARI<CIRCLE LS USEE bO" 4,- 1 ) 45 k/'i .. U) Z u} W (BASIS OF ELEÂ¥*1101:79Â¢132 , CONDOMINIUMS !11 Ld 84 '60 '98' -- \ E> \ 1/ ~ , ..e *Â· m < ill < t. a-EVATION: 792&42 BROWNELL 9 Â£ E CONDOMINIUMS 4.87 PARK AVENUE E~ 510 TOWNHOMES < C) CS GRAPHIC SCALE 0 0 Â¥ i C) / % 4 PROJECT NO. 1 inah= 10 1 ~UMIN~*~ 2141774.00 in= GPS N(1 18 < i 03-17-15 / j Fol*O 5-1/4 ManCE: ACCORDI,IG TO COLORADO LAW./#.OC-ENCE ANY LEGAL E'EEÂ»:9%23EEee= 2 OF2 Il/5 FN011 mE DATE OF i=Â»191[~11EFE0NÂ· NOISIA3H aLVC] ON ONI '9NB33 Nn O HS[H d 31 XÂ· I [l 3) NOME -Itl- AtZINO NI>Ilid PS 19 9 NOS819 1 - (yao ) C*i*kel~~ . THREE' LoTS ~ r--~~~-~7 =- -6 - ~14*k akoÂ» C#â‚¬T fbA 0â‚¬Â»r~ry= l6,5[)1 41â‚¬T fk j=*2- 15,6164 - 41 Â»1,6.4 1 - - 'T . IERGE 310-G: 1117Â© - I. LoT; Es-IA@Ll:~1 - -*. - -- 3(31%f~441 - - Ffya:qi* 121?[LA 01~___(ijrfwioe,irry=-1650103 151- Wl- AMA oF l Lrle-c fipe. f*FL = 19,6161/ 4/18 1.teD lPE tar- 9Al-T- 1 - ... 1 gua5577074'72 810 (5106 A Npeâ‚¬ 1 5*Bre AU@Ago lf- wlfi6uRA-~0}14Â¢V@ILY 1 Nlog lift- 1.p-r &Â£4 r l 1â‚¬93*or.= eVe:,0 GEDâ‚¬6 10-0 Aâ‚¬=AS=i_ -Qe*-r clGE--s eveâ‚¬> 4 laf Wiv Fo62- FLAM'*re.. e-10- l#'r ACER oF â‚¬AOW Lar Fâ‚¬>0- 96Ast-ry= 9'/ER).5,H AET- lof M,fh oF fACR lor- 022- fAR- r 788* 1 1 4 1 1# Sctbao k -, 10 4 + W + 4 ft- 14 Vel# an Ce RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) APPROVING AN APPLICATION FOR MAJOR DEVELOPMENT (CONCEPTUAL), DEMOLITION, RELOCATION, VARIANCES, AND 221 SQUARE FOOT FAR BONUS FOR THE PROPERTY LOCATED AT 980 GIBSON AVENUE, UNIT 1, LOT 1, ALPINE ACRES SUBDIVISION, CITY OF ASPEN, COLORADO RESOLUTION NO. 28, SERIES OF 2007 PARCEL ID: 2737-074-10-001. WHEREAS, the applicant, MDI, LLC, 109 ABC, Aspen CO 81612, represented by Scott Battleet of Flux Design Studio, P.O. Box 2611, Basalt, CO 81621 has requested Major Development (Conceptual), Relocation, Demolition, Variances, and an FAR bonus for the property located at 980 Gibson Avenue, Unit #1, Alpine Acres Subdivision, Lot #1, City of Aspen, Colorado; and WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and WHEREAS, for Conceptual Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, in order to authorize a demolition, according to Section 26.415.080, Demolition of designated historic properties, it must be demonstrated that the application meets any one of the following criteria: a. The property has been determined by the city to be an imminent hazard to public safety and the owner/applicant is unable to make the needed repairs in a timely manner, b. The structure is not structurally sound despite evidence of the owner' s efforts to properly maintain the structure, c. The structure cannot practically be moved to another appropriate location in Aspen, or d. No documentation exists to support or demonstrate that the property has historic, architectural, archaeological, engineering or cultural significance, and Additionally. for approval to demolish, all of the following criteria must be met: RECEPTION#: 545193, 12/26/2007 at 10:15:19 AM, 1 OF 4, R $21.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO a. The structure does not contribute to the significance of the parcel or historic district in which it is located, and b. The loss of the building, structure or object would not adversely affect the integrity of the historic district or its historic, architectural or aesthetic relationship to adjacent designated properties and c. Demolition o f the structure will be inconsequential to the historic preservation needs of the area; and WHEREAS, for the approval of relocation of a historic resource, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine, per Section 26.415.090.C of the Municipal Code. Relocation for a building, structure or object will be approved by I-IPC if it is determined that it meets any one of the following standards: 1. lt is considered a non-contributing element of a historic district and its relocation will not affect the character of the historic district; gr 2. It does not contribute to the overall character of the historic district or parcel on which it is located and its relocation will not have an adverse impact on the historic district or property; QI 3. The owner has obtained a Certificate of Economic Hardship; QI 4. The relocation activity is demonstrated to be an acceptable preservation method given the character and integrity of the building, structure or object and its move will not adversely affect the integrity of the historic district in which it was originally located or diminish the historic, architectural or aesthetic relationships of adjacent designated properties; and Additionally, for approval to relocate all of the following criteria must be met: 1. It has been determined that the building, structure or object is capable of withstanding the physical impacts of relocation; and 2. An appropriate receiving site has been identified; and 3. An acceptable plan has been submitted providing for the safe relocation, repair and preservation of the building, structure or object including the provision of the necessary financial security. WHEREAS, for approval of setback variances, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine, per Section 26.415.110.C of the Municipal Code, that the setback variance: a. Is similar to the pattern, features and character of the historic property or district; and/or b. Enhances or mitigates an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district; and WHEREAS, for approval of an FAR bonus, the HPC must review the application. a staff analysis report and the evidence presented at a hearing to determine, per Section 26.415.110.C of the Municipal Code, that: a. The design of the project meets &11 applicable design guidelines; and b. The historic building is the key element of the property and the addition is incorporated in a manner that maintains the visual integrity of the historic building and/or c. The work restores the existing portion of the building to its historic appearance; and/or d. The new construction is reflective of the proportional patterns found in the historic building' s form, materials or openings; and/or e. The construction materials are of the highest quality; and/or f. An appropriate transition defines the old and new portions of the building; and/or g. The project retains a historic outbuilding; and/or h. Notable historic site and landscape features are retained; and WHEREAS, Sara Adams, in her staff report dated June 27th, 2007, performed an analysis of the application based on the standards, found that the review standards and the "City of Aspen Historic Preservation Design Guidelines have been met, and recommended approval with conditions; and WHEREAS, at their regular meeting on June 27,2007, the Historic Preservation Commission considered the application, found the application was consistent with the review standards and "City of Aspen Historic Preservation Design Guidelines" and approved the application by a vote of four (4) to zero (0). NOW, THEREFORE, BE IT RESOLVED: That HPC hereby recommends approval for Major Development (Conceptual), Demolition, Relocation, Variances, and a 221 square foot FAR bonus for the property located at 980 Gibson Avenue, Unit 1, I,ot 1 of the Alpine Acres Subdivision, City of Aspen, Colorado, as proposed with the following conditions; 1. Demolition of the non-historic addition and car port is granted. 2. An FAR Bonus of 221 square feet is granted for rehabilitation and high quality design. 3. The following setback variances are granted: ten feet (10') for the west sideyard and nine feet (9') for the north rearyard. 4. Relocation of the historic house is granted, with the condition that the applicant will present a detail of the foundation, existing and proposed for the historic resource, for approval at HPC Final Review. 5. A structural report demonstrating that the building can be moved and/or information about how the house will be stabilized from the house mover must be submitted with the building permit application. The applicant must provide information as to whether or not the existing floor structure will be maintained and the pro's and con's of the decision for review and approval by staff and monitor. 6. A bond or letter of credit in the amount of $30,000 to insure the safe relocation of the structure must be submitted with the building permit application. 7. A relocation plan detailing how and where the building will be stored and protected during construction must be submitted with the building permit application. 8. A development application for a Final Development Plan shall be submitted within one (1) year of the date of approval of a Conceptual Development Plan. Failure to file such an application within this time period shall render null and void the approval of the Conceptual Development Plan. The Historic Preservation Commission may, at its sole discretion and for good cause shown, grant a one-time extension of the expiration date for a Conceptual Development Plan approval for up to six (6) months provided a written request for extension is received no less than thirty (30) days prior to the expiration date. APPROVED BY THE COMMISSION at its regular meeting on the 27th of June, 2007. Approved as to Form: lim True, City Attorney Approved as to content: HISTORIC PRESERVATION COMMISSION 1,2444 Jeffrey Halferty, Chair 1 4 64Â« L- ATTST: M /â‚¬ CAR,/44 L V 14 LL-- Kathy Sttickland, Chief Deputy Clerk RESOLUTION N0. 05 (SERIES OF 2002) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMENDING THAT CIT~OUNCIL APPROVE AN AMENDMENT TO THE ALPINEACRES PLANNE]YUNIT DEVELOPMENT TO ALLOW FOR LOT 4A, ALPINEXCR*S PLANNED UNIT DEVEL~MENT, TO BE ELIGIBLE FOR A 500 SQUARE FOOT #ISI~RIC_PRESERVATION FLOOR AREA RATIO BONUS FOR AN OUTSTANDING PliESERVATION EFFORT, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from the Owner, Alan Becker, represented by Alan Richman, for an amendment to the Alpine Acres Planned Unit Development (PUD) to allow for lot 4A, Alpine Acres PUD, to be eligible for a 500 square foot historic preservation FAR bonus above and beyond the allowable FAR set forth in the Alpine Acres Planned Unit Development; and, WHEREAS, pursuant to Sections 26,445, City Council may approve a substantial amendment to an approved Planned Unit Development, during a duly noticed public hearing, after considering comments from the general public, a recommendation from the Community Development Staff, a recommendation from the Planning and Zoning Commission, and recommendations from relevant referral agencies; WHEREAS, the Community Development Department reviewed the request for an amendment to the Alpine Acres PUD to allow for lot 4A to be eligible for a 500 square foot historic preservation FAR bonuses and recommends approval of the proposed amendment; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Department, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion ofpublic health, safety, and welfare. WHEREAS, during a duly noticed public hearing on February 19, 2002, the Planning and Zoning Commission recommended that City Council approve, by a six to zero (6 - 0) vote, a substantial amendment to the Alpine Acres Planned Unit Development (PUD) for the purpose of allowing lot 4A to be eligible to receive 500 square foot historic preservation FAR bonuses pursuant to Land Use Code Section 26.415; and, 1111111 lilli lll'l lili lill'll lilli lilli Ill lilli lili lili 03/28/2002 09:16 465562 SILVIA DAVIS PITKIN COUNTY CO R 10.00 D 0.00 Page: 1 of 2 NOW, TIIEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission recommends that City Council approve the proposed application to amend Condition A o f the Alpine Acres Planned Unit Development to read as follows: A. Each dwelling unit in Alpine Acres shall be restricted to a maximum countable floor area of 2,486 square feet, plus any floor area bonus that might be awarded by the HPC to Lot 4A for an outstanding preservation effort for a historic landmark pursuant to Section 26.415 of the City of Aspen Land Use Code. Section 2: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue ofthe ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Approved by the Commission at its regular meeting on February 19, 2002. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Ou _L, 48'~aÂ«,7061, City Attorney Jasmine Tygre, Chair UU ATTEST: *4Â»uL ~ackie Lothian, Deputy City Clerk 111- 11 -Ill 11- -lili-lili lit'111111111 03/28/2002 09:168 465562 Page: 2 of 2 SILLIA [..US PIT-,<IN COUUY O R 10.00 D 0.00 2 ... ORDINANCE N0.8 (SERIES OF 2002) AN ORDINANCE OF THE CITY COUNCIL OF THE CrrY OF ASPEN, COLORADO, AMENDING THE ALPINE ACRES PUD TO ALLOW FOR LOT 4A, ALPINE ACRES SUBDIVISION TO BE ELIGIBLE FOR A 500 SQUARE FOOT HISTORIC PRESERVATION FLOOR AREA RATIO BONUS FOR A OUTSTANDING PRESERVATION EFFORT, CITÂ¥ OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from the Alan Becker, represented by Alan Richman, for an amendment to the Alpine Acres Planned Unit Development (PUD) to allow for Lot 4A to be eligible for a 500 square foot historic preservation FAR bonus above and beyond the allowable FAR set out forth in the Alpine Acres Planned Unit Development; and, WHEREAS, pursuant to Sections 26.445.100 (B), that City Council, in accordance with the procedures, standards, and limitations of this Chapter, shall by ordinance approve, approve with conditions, or deny a Substantial PUD Amendment, after considering a recommendation by the Community Development Director and the Planning and Zoning Commission pursuant to Section 26.430.020; and, WHEREAS, the Community Development Department reviewed the proposed application to amend the Alpinc Acres PUD to allow for Lot 4A, Alpine Acres Subdivision to be eligible for a 500 square foot Historic Preservation floor area ratio bonus for an outstanding preservation effort and recommended approval; and, WHEREAS, the Planning and Zoning Commission conducted a public hearing to consider the proposed PUD Amendment, took and considered public testimony and the recommendation of the Community Development Director and recommended by a six to zero (6-0) vote, that City Council approve the proposed PUD Amendment; and, WHEREAS, the Planning and Zoning Commission found that the proposal meets or exceeds all applicable standards and that the approval of the proposed PUD Amendment, is consistent with the goals and elements ofthe Aspen Area Community Plan; and, WHEREAS, City Council reviewed and considered the recommendations of the Community Development Director, the Planning and Zoning Commission, and members of the public during a duly noticed public hearing; and, WHEREAS, the City Council finds that the proposed PUD Amendment meets or exceeds all applicable standards and that the approval of the Code Amendments, are consistent with the goals and elements ofthe Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. Ordinance No. 8, Series of2002 Page 1 of 3 NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF ASPEN: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, Condition A of the Alpine Acres PUD is hereby amended to read as follows: A. Each dwelling unit in Alpine Acres shall be restricted to a maximum countable floor area of 2,486 square feet, plus any floor area bonus that might be awarded by the HPC to Lot 4A for an outstanding preservation effort for a historic landmark pursuant to Section 26.420.020 of the City of Aspen Land Use Code. Section 2: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity o f the remaining portions thereo f. Section 4: Apublic heaiing on the Ordinance shall be held on the 25th day ofMarch, 2002, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City ofAspen. INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen at on this 25th day of April, 2002. /---1---4===>1 1 - HeleR Kalin }<14*1~ud, Mayor i ATTEST: 1+* - 42<" 2 3 Fd~-- Kathryn S. Â·Ko ~,C~~ity Clerk Ordinance No. 8, Series of2002 1 Page 2 of 3 . L FINALLY, adopted, passed, and approved this 25th day of March, 2002, by a vote of five to zero (5-0). , ~ p,>e fteleuAE.ali?~~*50~~ilcl, Mayor 7 % HETESTi ; 4iuOrj A-Â«c__ Kairl;n S. 1*#flid-ity Clerk Approved as to form: EBY~072222t36 JUNE P. Worcester, City Attorney Ordinance No. 8, Series of 2002 Page 3 0 f 3 11352015 12/18/92 14:27 Rec $20.00 BK 698 PG 153 Silvia Davis. Pitkin Cnty Clerk, Doc $.00 ORDINANCE NO. 24 (Series of 1988) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING THE FINAL PLAT AND VESTING THE DEVELOPMENT RIGHTS FOR THE 700 EAST MAIN PUD IN THE SITE SPECIFIC PLAN/FINAL PLAT WHEREAS, the Fine/Aspen Limited Partnership has submitted a Planned Unit Development/Subdivision Agreement and final plat to the Aspen City Council for approval of the 700 East Main Street project; and WHEREAS, the Aspen City Council has reviewed said agreement and final plat at a regularly scheduled City Council meeting on May 23, 1988 and at a duly noticed public hearing on June 13, 1988; and WHEREAS, the city Council approved the 700 East Main PUD/Subdivision Agreement and final plat on June 13, 1988; and WHEREAS, the City Council finds that the final plat for 700 East Main constitutes the site specific development plan for the property. WHEREAS, Fine Associates have requested that the development rights for the 700 East Main PUD project, as defined and approved in the 700 East Main PUD/Subdivision Agreement, site specific development plan/final plat, more specifically described in Exhibit "A", be vested pursuant to Section 6-207 of the Aspen Municipal Code in the site specific development plan/final plat; and WHEREAS, the Aspen City Council desires to vest development rights in the 700 East Main PUD site specific development plan/final plat pursuant to Section 6-207 of the Municipal Code #352015 22/18/92 14:27 Rec $20.00 Bk -98 PG 154 Silvia Davis. Pitkin Cnty Clerk. Doc $.00 of the City of Aspen for a period of three years from the effective date hereof subject to the terms and conditions contained in the Planned Unit Development/Subdivision Agreement PUD/Subdivision at 700 East, site specific development plan/final plat and herein below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO. Section 1 The City Council of the City of Aspen, as a consequence of its approval of the 700 East Main PUD and site specific development plan/final plat, and pursuant to Section 6-207 the Municipal Code of the City of Aspen, hereby vests development rights in the 700 East Main PUD site specific development plan/final plat for a period of three (3) years from the effective date hereof. However, any failure to abide by any of the terms and conditions attendant to this approval will result in the forfeiture of said vested property rights; and Section 2 The approval granted hereby shall be subject to all rights of referendum and judicial review; except that the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of this ordinance following its adoption. Section 3 Zoning that is not part of the site specific development 2 1 . #352015 ../18/92 14:27 Rec $20.00 84 78 1% 156 Silvia Davis. Pitkin Entv Clerk. Doc $.-0 plan approved hereby shall not result in the creation of a vested property right; and Section 4 Nothing in this approval shall exempt the site specific development plan from subsequent reviews and approvals required by this approval Of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval; and Section 5 The establishment of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subj ect to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the applicant shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. Section 6 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 7 3 #352015 12/1=.92 14:27 Rec $20.00 BK 698 156 Silvia Davis, Pitkin Enty Clerk. Doc $Â·00 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. Section 8 A public hearing on the Ordinance shall be held on the 13th day of June, 1988, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 22 day of -1 1988. '11'U/0 - William L. Stirling, Mayor 9,1*ESTLÂ¢ ...if- 9,9 4 f ... - f . i:~01_* 3,04--, ..Iia:*â‚¬3rf!315,Â· Koch, City Clerk ~ Cj<<~~1~{NALLY, adopted, passed and approved this O day of , 1988. ,-57 ///// // Ar 0 William L. Stirling, Maybr f :Sjt06%7430. Koch, City Clerk ' tâ€ž,ft/' CH.700ordl 4 1,10,4 *,r." - -1 rv~j BOOK 547 mgd_96 _ - Z - CO _3 oF 5 4* C.J J,2 ORDINANCE NO . 35 . 1 (Series of 198-9-) g S 0 0 = 20 AN ORDINANCE REZONING THE ALPINE ACRES SUBDIU~ION~ CITY COF 5\ ASPEN, PITKIN COUNTY, COLORADO FROM R-15 (RESIMMNTIAL) TO R-6 (RESIDENTIAL) AND PLACING A PLANNED UNIT DEVELOPMENT (PUD) OVERLAY ON ALPINE ACRES LOTS 4 AND 5 WHEREAS, an application and petition have been submitted by Joseph Dunn, Charles Bishop and other owners of the Alpine Acres Subdivision to rezone to R-6 (Residential) Alpine Acres and to place a Planned Unit Development Overlay on Alpine Acres Lots 4, subsequently resubdivided Lots 4A & 4B, and Lot 5; and WHEREAS, the subdivision is presently zoned R-15 (Residen- tial); and WHEREAS, all of the owners of Alpine Acres Subdivision have agreed to request a voluntarily imposed maximum floor area (FAR) of 2,486 square feet per dwelling unit; and WHEREAS, as part of the rezoning request, Joseph Dunn and Charles Bishop have submitted a subdivision exception request for the purpose of creating two lots; and WHEREAS, at a duly noticed public hearing held on July 21, 1987, the Aspen Planning and Zoning Commission did recommend that the subdivision exception and rezoning be approved; and WHEREAS, the application has been found to be generally consistent with Section 24-12.5 of the Land Use Code which establishes criteria for rezoning; and WHEREAS, the City Council has found that due to the existing narrow lots and large front yard setbacks of Lots 4 and 5 a Planning Unit Development Overlay is appropriate so to allow for the creation of new lots not meeting the minimum lot width BOOK 547 PAGE197 requirement and to maintain the existing character of the front yard setbacks; and WHEREAS , the Aspen City Council has considered the recommen- dation of the Planning and Zoning Commission and has determined the proposed rezoning to be compatible with surrounding zone districts and land use in the vicinity of the site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That it does hereby rezone to R-6 the Alpine Acres Subdivi- sion and place on Lots 4 and 5 of Alpine Acres a Planned Unit Development (PUD) overlay subject to the following conditions voluntarily imposed by the subdivision property owners: A. Each dwelling unit in Alpine Acres shall be restricted to a maximum countable floor area of 2,486 square feet. B. Front yard setbacks of Lots 4 and 5, and subsequently resubdivided Lots 4A and 4B, shall be a minimum of 25 feet; and C. The minimum lot width of newly created Lots 4A and 4B shall be approximately 11 feet and 39 feet respect- ively. /,- Section 2 That the Zoning District Map be amended to reflect the rezoning described in Section 1 and the City Engineer be author- ized and directed to amend the map to reflect the zoning change. Section 3 That the City Clerk is directed upon adoption of this ordinance to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. BOOK 547 PAGEigN Section 4 If any section, sub-section, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 5 A public hearing on the Ordinance will be held on the /4 92'L of .d,yI~Unltij , 1987 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing notice of the same was published once in a news- paper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen on the /65 94- of (,Â£649,Za....t~ 0 1987. William L. Stirling, Mayor 2 ATTEST:. 2 Kathryn,31 43[och, City Clerk r' ..Â·'4 0 f UL_j - 4 J R~#4NA~LY adopted, passed and approved this /9 day o:~1~24tttl ty) 1987. William L. Stirling, Matror '4'-1-0 F 4 r ./ CNTTEST,y, 1 9 2 u ry/ Â· koch, City Clerk gh.49 ~/. f : . co< j x xiâ‚¬~ g ~ HAAS LAND PLANNING, LLC MAR 3 2015 March 3, 2015 CITY Of- Asetri r,944 Ms. Sara Adams City of Aspen Senior Planner 130 South Galena Street O Aspen, CO 81611 RE: Subdivision Application for the 980/ 990 Gibson Avenue, Aspen (Parcel Identification Number 2737-073-20-003) Dear Sara: Please consider this letter and the attached draft plat to constitute a formal request for subdivision approval for the property located at 980/ 990 Gibson Avenue, Aspen. The property is known as Units 1 and 2 of the Alpine Acres Subdivision. These two units were condominiumized in 1977 and, together, form an approximately 18,600 square foot historically designated lot in the R-6 Zone Distrift. Each unit contains a historically designated structure. In 2008, the then owners of the property acquired approximately 12,150 square feet of additional land (a platted but unused right-of-way known as Silver King Drive) though a Quiet Title Action. The applicants are proposing to dissolve their condominium ownership, merge the quiet title lands into the property, and subdivide the 30,786 square feet of gross area into two fee simple lots with each resulting lot having the same Net Lot Area. Although the gross lot areas will include the land acquired by Quiâ‚¬Title (5,603 square feet for the "Northerly Parcel" and 6,548 square feet for the "Southerly Parcel") as well as the easement that was granted to the City for Gibs-go_Avenue (2,134 square feet), the netlot area-for_each parcel Eflj not ipcludÂ© these_parts_of- the property. The property is currently developed with two Victorian era structures that were moved from an unknown location in Aspen in the late 1960s, along with several additions that have been made since then. Both homes have been extensively remodeled and are currently linked together by a non-historic garage. As part of the proposed subdivision, it is recognized that the units will be separated and may be repositioned on the property subject to subsequent Historic Preservation Commission (HPC) review and approvals. The Pre-Application Conference â€¢ 420 E. MAIN STREET. SUITE 10-B Â· ASPEN, COLORADO Â· 81611 â€¢ â€¢ PHONE: (970) 925-7819 â€¢ EMAIL: MITCH@HLPASPEN.COM â€¢ Summary from Amy Simon, attached as Exhibit 1, states that such repositioning would likely be acceptable since the buildings are not original to the site (i.e., their location on the property is not integral to their historic significance). The layout and design of the restored and redeveloped homes on the new lots will be pursued after the subdivision approval has been granted. Affordable housing mitigation is not required for either of the resulting lots due to the property's /7 @pdmark status and the fact that each lot will maintain a historically designated structure. The Parcel Identification Number for the property is 2737-073-20-003. A vicinity map showing the approximate location of the subject property is provided as Exhibit 5. This application is submitted by Gibson Matchless, LLC who is the owner of Unit 1, and on behalf of the Van Meter Living Trust, the owner of Unit 2. The applicant has received permission to submit this application on the Van Meter's behalf, as evidenced by the letter attached to this application as Exhibit 4. Consistent with the Pre-Application Conference Summary completed by Amy Simon and attached hereto as Exhibit 1, this application is submitted pursuant to the following sections of the City of Aspen Land Use Code (hereinafter referred to as "the Code"): Section 26.415, Historic Preservation; Section 26.470.040, Growth Management Exempt Development; Section 26.480.070, Major Subdivision; 26.575, Miscellaneous Supplement Regulations (Calculations); and, 26.710.040, Medium Density Residential (R-6) Zone District. Proof of the applicants' ownership is provided in Exhibit 2. Authorization for Haas Land Planning, LLC, to represent the owners is provided in Exhibit 3. Permission for the applicant to submit this application on behalf of the owners of Unit 2 is attached as Exhibit 4. A Vicinity Map showing the approximate location of the property within the City of Aspen is attached as Exhibit 5. An Improvement Survey Map showing the existing condition of the property is provided as Exhibit 6, and a draft Subdivision Plat is attached hereto as Exhibit 7. The Land Use Application, Dimensional Requirements, and HOA Compliance Forms are attached as Exhibit 8; Ordinance No. 35 (Series of 1987) is attached as Exhibit 9. An executed City of Aspen Fee Agreement and a list of mailing addresses of record for all owners of property within a 300-foot radius of the subject site are provided as Exhibits 10 and 11, respectively. A Civil Engineer Hazards Review Letter from High Country Engineering has been attached as Exhibit 12. The applicant has attempted to address all relevant provisions of the Code and to provide sufficient information to enable a thorough evaluation of the application. Gibson & Matchless Subdivision Application Page 2 Nevertheless, questions may arise which require additional information and/ or clarification. Upon request, Haas Land Planning, LLC, will gladly and timely provide such additional information as may be required in the course of the review. Background and Existing Conditions The subject property is Lot 1 of the Alpine Acres Subdivision, which subdivision was approved by the Pitkin County .Board of County CommissiQUEB (BOCC) in 6Â§*IThe Alpine Acrfs Subdivisiog~was an~xed into the City of Aspen in-1976Â· All of the duplexes in the subdivision were condominiumized in 1977. When the owners of Lot 4 of the subdivision applied to the City for a lot split in 1986, it was discovered that the subdivision was zoned R-15 rather than R-6 as the official zoning map had indicated. As a result the lot split could not be approved because two non-conforming lots would have been created. City Council initiated a rezoning proceeding for the subdivision. Ordinance No. 35 (Series of 1987), attached as Exhibit 9, approved the rezoning, and also permitted a subdivision exemption for a lot split on Lot 4, thereby creating Lots 4A and 4B. As part of the Ordinance, all of the owners of the lots in the Alpine Acres Subdivision agreed to restrict the maximum floor arg to 2,486 square feet per dwelling unit, and a PUD overlay was placed on Lots 4 and -5 only. Jater, in 2002FERE-3*ner of Lot 4A applied for, and was granted a 500 square foot bonus from the HPC for an outstanding preservation effort, allowing the dwelling unit on said Lot 4A to exceed the 2,486 square foot floor area limitation. In 2006, the owners of Lot 5 of the Alpine Acres subdivision submitted an application for subdivision and PUD Amendment for their lot (Lots 4 and 5 were zoned R-6 with a PUD Overlay; the remaining Alpine Acres lots are not subject to a PUD requirement). At the time, the Lot 5 property consisted--W--Â·two detached dwelling units on a 16,425 square foot lot. In the course-N their review, City staff determined that Ordf 1233.lm,pQseÂ¢g ma*imum floor area of 2,486 square feet per dwelling unikkEHng*le*2* Staff stated that if the zoning- permitted floor area based onllhe idf--size were less than 2,486 square feet per dwelling unit the floor area allowed would be the lesser number. If that number were greater than 2,486 square feet per dwelling unit, the allowed floor area would be cawize-dat-2386.292refeet-RgE dwelling-Unit. This interpretation was made official with the entire Community Development staff, as well as the City Attorney. ~e interpretation went on to state that if a lot were to be further subdivided into smaller lots, the newly created lots would be required to calculate the floor area in the same manner just described~ As part of the review, Staff was of the opinion that the proposal to subdivide Lot--twas consistent with the goals of the AACP in that it would allow for additional density within the Gibson & Matchless Subdivision Application Page 3 NEI ~'~~ty. Staff also recommended approval for a 500 square foot HPC bonus, as well / as future setback and parking waivers, as the HPC deemed appropriate. Aspen ~ City Council approved this subdivision pursuant to Ordinance No. 11 (Â®ries of ~5961-7 777 +1,8, ord PirÂ¥,uns to 910 + 930 nu,IgiIJ"-- The Proposal The subject property is zoned R-6, Medium Density Residential. The property now has a gross lot area of approximately 30,786 square feet but, for purposes of calculating allowable density, the net lot area is approximately 16,502 square feet (after right-of-way reductions and netting out of the quiet title land areas; slope reductions do not apply when determining allowable density). The net-lotarea of the parcels after subdivision will be approximately 8,502 square feet (proposed Lot_1) and Â§,000 square feet (proposed Lot_2) for purposes of determining allowable densities, whichwill allow for single-family or duplex residential use on each since both lots will contain a historic landmark structure. Given these resulting net lot areas as well as then applicable slope reductions, the lots will each be allowed a floor area of approximately 1882 square feet for duele use, provided that no single dwelling unit can exceed 2,486 square feet of floor area. Pursuant to Ordinance 35-87, the default limit of 2,486 square feet of floor area for single-family use will continue to apply despite the fact that the pzoned limit for such use would be 3,493 square feet on each lot. In the end, no--' b ~ dwelling unit will exceed the 2,486 square foot limit imposed on the Alpine LAcres Subdivision pursuant to Ordinance No. * (Series of 1987). r--0- The lands acquired via Quiet Title (12,151sf in total) and the easement for Gibson Avenue (2,134sf) have been removed from the net lot area calculations for purposes of determining allowable densities. Furthermore, in order to calculate the allowable floor area for each resulting parcel, (in addition to the above deleted square footage), fifty percent (50%) of the areas with slopes between 20 and 30%, and all of the areas with slopes of greater than 30%, have been eliminated from each lot's net area, pursuant to the Code requirements. The final Net Lot Area calculations for the proposed lot configurations are as follows: PROPOSED LOT 1: o Gross Lot Area = 16,444 square feet. o Net Lot Area for Density Purposes: 16,444sf (Gross Lot Area) - 5,321sf (area within Northerly Quiet Title Parcel) 11,123sf - 1,032sf (area within Southerly Quiet Title Parcel) 10,091sf Gibson & Matchless Subdivision Application Page 4 - 1,589sf (area within Gibson Avenue Right-Of-Way Easement) 8,502sf = Net Lot Area for Density Purposea e Net Lot Area for FAR Purposes: 8,502.Osf (Net Lot Area for Density) - 436.Osf -~ (area-with slopes greater tbgn 30%) 8,066.Osf 257.5sf (half of 515sf area with slopes of 20%-30%) 42\ Â·7,808.Ssf.-.NÂ©i.Lot Area for FAR Purposes PROPOSED LOT 2: a Gross Lot Area = 14,342 square feet. e Net Lot Area for Density Purposes: 14,342sf (Gross Lot Area) - 282sf (area within Northerly Quiet Title Parcel) 14,060sf - 5,515sf (area within Southerly Quiet Title Parcel) 8,545sf - 545sf (area within Gibson Avenue Right-Of-Way Easement) 8,000sf = Net Lot Area for Density Purposes o Net Lot Area for FAR Purposes: 8,000sf (Net Lot Area for Density) - 26sf (area with slopes greater than 30%) 7,974sf - 166sf (half of 332sf area with slopes of 20%-30%) 7 808sf = Net Lot Areafor-lialilkieses 4--- To summarize, with approval of the requests made herein, there will be two fee simple landmark designated lots, each maintaining a historic structure, and both will be allowed approximately 3,889 square feet of duplex floor area. The first of the two resultant lots (980 Gibson Avenue) will hereinafter be referred to as "Lot 1, Gibson & Matc~Ess Subdivision" and will contain the northerly half of the 0Eginal parcel, most of the northerly quiet title parcel, a "flagpole" along the east side the other lot and an area of land to the southeast of that lot. Lot 1 will have a gross lot area of approximately 16,444 square feet. Lot l's net lot area for purposes of determining allowable density will be 8,502 square feet while its net lot area for purposes of calculating allowable floor area will be 7,808.5 square feet. (See Improvement & Topographic Survey as well as Exhibit 7, both attached hereto.) The second of the two resultant lots will hereinafter be referred to as "Lot 2, Gibson & Matchless Subdivision" and will include most of the southerly half of the original property (except for a small piece of land included in Lot 1 to help even out the net lot area of each parcel), and most of the southerly quiet title Gibson & Matchless Subdivision Application Page 5 parcel. Lot 2 will have a gross lot area of approximately 14,342 square feet. Lot 2's net lot area for purposes of determining allowable density will be 8,000 square feet while its net lot area for purposes of calculating allowable floor area will be 7,808 square feet. (See Improvement & Topographic Survey as well as Exhibit 7, both attached hereto.) Since each of the resulting lots will continue to contain a structure listed on the Inventory of Historic Landmark Sites and Structures (the Inventory) and each will continue to be historically designated, each lot will maintain the right to +\Ott request an FAR bonus of up to 500 square feet at the time conceptual development plans are considered for approval by the HPC. There is nothing in c 1 the Land Use Code that would specifically prohibit the ability of both resultant ~<~~~0~07) lots in the subdivision from being able to obtain 500 square foot FAR bonuses should the HPC find that an outstanding/exemplary preservation effort is being 90 undertaken. Regardless, no single dwelling unit on either resulting lot will be Ulub *0. permitted to exceed a floor area of 2,486 square feet. Â·40 1,>~t' â€¢ 81 Even if both resultant lots eventually garnered approval of FAR bonuses, the B3~ resulting development potentials would still be only a maximum of 4,389 square ,~ feet of floor area on 16,444 square feet of land and 4,389 square feet of floor area 4~ on 14,342 square feet of land, respectively. In other words, and given the 2,486 or square floor floor area per dwelling unit restriction, the result will be relatively small houses on relatively large lots by local standards, all subject to HPC review. Furthermore, should either parcel include a deed restricted accessory dwelling unit such unit(s) would consume some portion of the property's allowable floor area. With recordation of the Final Plat for the proposed Gibson & Matchless Subdivision, the owners of both existing condominium units will vacate the condominium plat and the existing covenants. Accordingly, the privately enacted (i.e., not part of any City-imposed requirement) building envelope shown on the condominium plat will be rendered null and void. Instead, the newly platted lot lines and underlying R-6 zoning will dictate the setback requirements, and the owners will enact a new set of private covenants or declarations. In total, this proposal will clean up and end a long history of disputes and headaches. Prior to the applicants purchase of Unit 1, there was a long and, at times, ugly history of disagreements between the owners of the two condominium units. As is relatively common with old, antiquated covenants, those in place do not at all define who maintains what share(s) of the property's total development rights, and this (among other problems with the covenants) resulted in many disputes and likely also contributed to the lack of upkeep that Gibson & Matchless Subdivision Application Page 6 leaves the historic resource at 980 Gibson Avenue in the dilapidated state of disrepair it is in today. The current owners are now working together cooperatively in order to create equal development rights for each parcel. Lot 1 will have a "flagpole and flag area" as part of its lot purely so that both parcels can maintain access from and frontage on Gibson Avenue and still have almost the same net lot area and equal development rights. The applicant is amenable ~ to a conditionâ€¢prohibiting buildingg being developed on the "flagpole and fla*" portions'bf Lot 1. Furthermore, the previous owner of the 980 Gibson Avenue property had a history of disputes with the City of Aspen, including a lawsuit aimed at forcing the City to grant separate development rights for the northerly and southerly parcels that came from the quiet title action, in addition to the development rights already associated with Lot 1 of the Alpine Acres Subdivision. The result of that lawsuit was the quiet title parcels remaining separate from Alpine Acres Lot 1 but with no development rights whatsoever or land area that would contribute to net lot areas for purposes of determining allowable floor area of densities. .This subdivision request.will: merge the quiet title*parcel#*with the resulting lots, effectively turning three parcels into two lots, and make it forever clear where the lot boundariewesid,wnd what their respective development rights are i In other words, there will remain no more uncertainties or reasons for future disputes. No actual development or alterations to existing structures are proposed as part of this application. The applicant is now seeking to create the new lot lines, splitting the property into two fee simple lots, each with almost the same net lot area, so that each parcel will have the same, well-defined development rights. ~ However, the existing garage for Unit 1 will span the new lot line boundary, thus creating the potential for non-conformity. This issue will be addressed in the manner required under Section 26.480.040.D. of the Code, which states that, If approval of a subdivision creates a non-conforming structure or use, including a structure spanning a parcel boundary, such structure or use may continue until recordation of the subdivision plat. Alternatively, the City may accept certain assurance that the non-conformities will be remedied after recordation of the subdivision plat. Such assurances shall be reflected in a development agreement or other legal mechanism acceptable to the City Attorney and may be time-bound or secured with a financial surety. In the current case, the applicant will provide an assurance acceptable to the City Attorney and reflected in the required Development Agreement. Practically -~' speaking, the applicant cannot commit to eliminating the structure that will span the lot line prior to recordation of the plat as the demolition and associated Gibson & Matchless Subdivision Application Page 7 development will require application to and approval from the HPC. That is, the spanning garage structure will be demolished pursuant to a more comprehensive land use application and approval from the HPC for resulting Lot 1. Said application will be subject to conceptual and final HPC reviews and approvals, which are highly unlikely to be obtained within the 180-day limit for recordation of the Development Agreement and Plat after subdivision approval is granted. Should the necessary assurance require some kind of time-bound or secured financial surety, the applicant will cooperate ill providing such. Review Requirements Per the attached pre-application conference summary, Code Section 26.480.070 provides the applicable review criteria for this subdivision request. The standards for approval are enumerated below in italicized text and each is followed by a response demonstrating compliance and/ or consistency therewith, as applicable. A. Land Subdit,ision, The diz,ision or aggregation of land for the purpose of creating individual lots or parcels shall be approved, approved with conditions, or denied according to the jollowing standards: 1. Tlie proposed subdivision complies with the requirements of5ection 26.480.040 - General Subdivision Review Standards. The subdivision's full compliance with the requirements of Section 26.480.040 is demonstrated below. This proposed subdivision is an aggregation of land and its division into more orderly, clearly defined parcels. 2. The proposed subdivision enables an e#icient pattern of development that optimizes the use Of the limited amount ofland availablefor development. The proposed subdivision enables an efficient pattern of development that optimizes the use of the limited amount of land available for development. There is not much vacant land or properties that can be subdivided within the City of Aspen. This subdivision will provide appropriate density within the City, as desired, while preserving two historical structures. The proposed subdivision enables an efficient density that reasonably optimizes its potential in a manner that is consistent with the underlying R-6 Zone District. 3. The proposed subdivision preserves important geologic features, mature vegetation, and structures or features of the site that have historic, cultural, visual, or ecological importance or contribute to the identity of the town. Gibson & Matchless Subdivision Application Page 8 The subdivision will preserve both of the historic structures on the lot, as well as any important geologic features and mature vegetation. 4. The proposed subdivision prohibits development on land unsuitable for development because of natural or nian-made hazards a.*cting the property, including flooding, mudjlow, debris jlow, fault ruptures, landslides, rock or soil creep, rock falls, rock slides, mining activity including mine waste deposit, avalanche or snowslide areas, slopes in excess of 30%, and any other natural or man-made hazard or condition that could harm the health, st#ty, or weljare of the community. A.#ected areas may be accepted as suitable for development if adequate mitigation techniques acceptable to the City Engineer are proposed in compliance with Title 29 - Engineering Design Standards. Conceptual plans for mitigation techniques may be accepted with spec(lic design details and timing Of implementation addressed through a Development Agreement pursuant to Chapter 26.490 - Approval Documents. There are no known natural or man-made hazards affecting the property, other than a few scattered, anomalous slopes in excess of 20 % that are the result of previous development activities. Please refer to the letter from High Country Engineering, Inc. attached to this application as Exhibit 12. 5. There has been accurate identijication of engineering design and mitigation techniques necessary for development ofthe proposed subdivision to comply with the applicable requirements of Municipal Code Title 29 - Engineering Design Standards and the City of Aspen Urban Runo#Management Plan (URMP). The City Engineer may require specific designs, mitigation techniques, and implementation timelines be dejined and documented within a Development Agreement. The applicant has met on-site with Josh Rice from the City of Aspen Engineering Department and discussed the proposed subdivision. Nothing learned or discussed during that meeting would preclude or otherwise compromise the requests described herein. That said, it is understood that any official Engineering Department comments will be provided to the applicant as part of this review. Should Matchless Drive need to be improved or widened, it is believed that sufficient land area exists within the existing right-of-way without the need for any new or additional easements or land dedications from the subject property. There is nothing about the proposal that would preclude compliance with the requirements of Title 29 of the Code or the URMP. 6. The proposed subdivision shall upgrade public infrastructure and facilities necessary to serve the subdivision. Improvements shall be at the sole cost of the developer. Gibson & Matchless Subdivision Application Page 9 The applicant understands this requirement and will comply. 7. The proposed subdivision is exempt #om or has been granted all growth management approvals pursuant to Chapter 26.470 - Growth Management Quota System, including compliance with all afÂ®rdable housing requirements for new and replacement development as applicable. Section 26.470.060 of the Code provides the applicable Growth Management Quota System (GMQS) exemption for Single-Family and Duplex Development oIl Historic Landmark Properties, and states that: The development ofone (1) or multiple single-family residences or a duplex on a parcel of land designated as an historic landmark and which contains an historic resource shall be approved by the Comnlunity Development Director. This review applies to the rehabilitation ofexisting structures, reconstruction after demolition of existing structures and the development of new structures on historic landmark properties. No a#ordable housing mitigation shall be required, provided that all necessary approvals are obtained, pursuant to Section 26.415, Development Involving the Inventory of Historic Sites and Structures, and provided that the parcel contains an historic resource. Accordingly, since both of the resulting parcels will contain an historic resource, no affordable housing mitigation will be required provided that the lots are developed with one or multiple single-family residences or a duplex. Further development on the lots will be exempt from growth management upon receipt of conceptual and final approvals from the HPC. There are no standards, per se, against which to review the exemption requests. A note to this effect will be included in the Development Agreement and on the Plat prior to recordation. 8. The proposed subdivision meets the School Land Dedication requirements of Chapter 26.620 and any land proposed jor dedication meets the criteria for land acceptance pursuant to said Chapter. The subdivision meets the requirements of Chapter 26.620. The property is too n small to dedicate land and it is located such that land dedication would not be / appropriate. Instead, the exact amount of cash-in-lieu will be determined and 2 paid with applicable building permit reviews. A condition of approval to this effect is expected. 9. A Subdivision Plat shall be reviewed and recorded in the oj*ce of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 - Approval Documents. Gibson & Matchless Subdivision Application Page 10 10. A Development Agreement shall be reviewed and recorded in the ofice of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 - Approval Documents. The Subdivision Plat and the Development Agreement will be provided for review by staff and the City Attorney. Once these documents are accepted, they will be executed and recorded in the office of the Pitkin County Clerk and Recorder. The applicant will make a good faith effort to complete and record these documents within 180 days of the Subdivision approval but would like to also reserve the right to administratively extend the deadline for good cause and through Community Development Director approval should such prove necessary. As mentioned above, Code Section 26.480.040 provides the general subdivision review standards. The criteria are listed below in italicized text and each is followed by a response demonstrating compliance, as applicable. A. Guaranteed Access to a Public Way. All subdivided lots must have perpetual unobstructed legal vehicular access to a public way. A proposed subdivision shall not eliminate or obstruct legal vehicular access#om a public way to an adjacent property. All streets in a Subdivision retained under private ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and drizieways are prohibited. Both lots will have perpetual, unobstructed legal vehicular access to Gibson Avenue, a public way. Similarly, proposed Lot 1 will also have perpetual, unobstructed legal vehicular access to Matchless Drive. There will be no security or privacy gates across access points or driveways. B. Alignment with Original Townsite Plat. The proposed lot lines shall approximate, to the extent practical, the platting of the Original Aspen Townsite, and additions thereto, as applicable to the subject land. Minor deviations jtom the original plotting lines to accommodate signijicant#atures ofthe site may be approved. The proposed subdivision is not within the original Aspen Townsite. The Alpine Acres Subdivision, within which the subject property resides, was approved by Pitkin County in 1964 and annexed into the City of Aspen in 1976. The proposed lot lines approximate, to the extent practical, the platting of the original Alpine Acres Subdivision. Nevertheless, the deviations therefrom and noticeable in the proposed flagpole and flag portions of proposed Lot 1 are necessary so as to 6?'00 < allow for equal development potential/rights on both resulting lots while also 4 C providing for compliance with the previous review requirement, namely the need for direct access to/from and frontage on a public street for each lot. If Gibson & Matchless Subdivision Application Page 11 necessary, the applicant is willing to accept a condition of approval to prohibit fencing that would separate the flag and flagpole portions of Lot 1 from Lot 2; such a prohibition would effectively render the lot line indiscernible to passersby or the public, in general, making them nothing more than lines in space that are only apparent when viewing the actual plat. C. Zoning Con.tbrmance. All new lots shall conform to the requirements of tile zone district in which the property is situated, including variations and variances approved pursuant to this Title. A single lot shall not be located in more than one zone district unless unique circumstances dictate. A rezoning application may be considered concurrently with subdivision review. Both of the lots resulting from the subdivision have been designed to conform to the requirements of the R-6 Zone District and allow development that will do the same. D. Existing Structures, Uses, and Non-Conjormities. A subdivision shall not create or increase the non-con-fbrmity of a use, structure or parcel. A rezoning application or other mechanism to correct the non-conforming nature of a use. structure, or parcel may be considered concurrently. In the case where an existing structure or use occupies n site eligible jor subdivision, the structure need not be demolished and the use need not be discontinued prior to applicationjbr subdivision. If approval of a subdivision creates a non-conforming structure or use, including n structure spanning a parcel boundary, such structure or use may continue until recordation of the subdivision plat. Alternatively, the City may accept certain assurance that the non-conformities will be remedied qfter recordation of the subdivision plat. Such assurances shall be reflected in a development agreement or other legal mechanism acceptable to the City Attorney and may be time-bound or secured with ajinancial surety. 990 actual development or alterations to existing structures are proposed as part Lof this application. The applicant is now seeking to create the new lot lines, splitting the property into two fee simple lots, each with the same net lot area, so that each parcel will have the same development rights. However, the existing garage for Unit 1 will span the new lot line boundary, thus creating the potential for non-conformity. As such, the applicant will provide an assurance acceptable to the City Attorney and reflected in the required Development Agreement. Practically speaking, the applicant cannot commit to eliminating the structure that will span the lot line Gibson & Matchless Subdivision Application Page 12 prior to recordation of the plat as the demolition and associated development will require application to and approval from the HPC. That is, the spanning garage structure will be demolished pursuant to a more comprehensive land use application and approval from the HPC for resulting Lot 1. Said application will be subject to conceptual and final HPC reviews and approvals, which are highly unlikely to be obtained within the 180-day limit for recordation of the Development Agreement and Plat after subdivision approval is granted. Should the necessary assurance require some kind of time-bound or secured financial surety, the applicant will cooperate in providing such. It is hoped that the provided information and responses prove helpful in the review of this application. Should there be any questions or should any additional information be desired, please do not hesitate to contact me. Truly yours, Haas Land Planning, LLC 1 r 11 1, ---, Mitch Haas Owner/Manager Exhibits Exhibit 1: Pre-Application Conference Summary Exhibit 2: Proof of Ownership Exhibit 3: Authorization for Haas Land Planning, LLC to Represent the Applicant Exhibit 4: Permission for Application Submission on behalf the Unit 2 Owner Exhibit 5: Vicinity Map Exhibit 6: Improvement Survey Map (Existing Conditions) Exhibit 7: Draft/Proposed Subdivision Plat Exhibit 8: Land Use Application, Dimensional Requirements, and HOA Compliance Forms Exhibit 9: Ordinance No. 35 (Series of 1987) Exhibit 10: Executed City of Aspen Fee Agreement Exhibit 11: Mailing addresses of record for all property owners within a 300- foot radius of the subject property Exhibit 12: Civil Engineer Hazards Review Letter from High Country Engineering, Inc. Gibson & Matchless Subdivision Application Page 13 EXHIBIT CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Amy Simon, 429-2758 PROJECT: 980/990 Gibson Avenue DATE: 10/14/14 REPRESENTATIVES: Mitch Haas, Haas Land Planning Jamie Brewster, Brewster MeLeod Architects DESCRIPTION: Community Development has been asked to provide information on the process to subdivide the property located at 980 and 990 Gibson Avenue, an approximately 18,000 square foot, R-6 zoned, landmarked designated lot in the Alpine Acres Subdivision. The property is currently developed with two Victorian era structures that were moved from an unknown location in Aspen in the 1960s or 70s. The houses have both been remodeled extensively and are -li@ed together. The original front fagade of the 980 Gibso) house is believed to nowbe-facing gst, under the carport. In 2008, the owners of the 980 and 990 Gibson Avenue properties engaged in a Quiet Title action for a portion of a platted right of way that is known commonly as Silverking Drive. As a result of the action, 980 Gibson Avenue was allocated 5,603 square feet of Silver King Drive, referred to as the Northerly parcel. 990 Gibson was allocated 6,548 square feet of Silver King Drive, called the Southerly parcel. The property owners are considering dissolving their condominium ownership and undertaking subdivision in order to establish two fee simple properties. This action would include absorbing the Quiet Title areas into the new lots. Currently, the owners of 980 and 990 Gibson can use this land for yard space, but they cg~otbuiliggjt. (fubdivision would allow construction to extend onto the Quiet Title lands and they would be included in determination of setback requirements for the new subdivision~ Alpine Acres subdivision was originally pl~tted in the County. When it was annexed into the City in 1976, an easement of approximately 2,134 square toet (0.049 acres) was required for (lihon Avenue along the west boundary of the site, and a right-of-way dedication of approximately 305 square feet (0.007 acres) was required along the north side of the property for S i*E,Eing Drive. The two new lots created through this subdivision must comply with the minimum net lot area in the It- 6 zone district, which is 6,000 square feet. The net lot area proposed for each new parcel will determine the floor area and density that may be permitted. (The net lot area calculation will not include the vehicular right of way easements or Quiet Title lands described above~ The City has previously indicated that adequate right of way is needed for Matchless Drive, adjacent to 980 Gibson, therefore the applicant should anticipate the possibility that a portion of the property that was the subject of the Quiet Title may need to be dedicated to the City. This area is already eliminated from the net lot area calculation, so it will not impact development rights, but may affect placement of construction. This may be determined by consultation with the City of Aspen Engineering Department. FAny new vehicular right-of-way dedication must be illustrated on the subdivision plat. The |0gpndominium plat will need to be nullified as part of the subdivision process. The applicant has indicated that the goal will be to create 2 new parcels with equal development rights. If the net lot area of each parcel is approximately 6,000 square feet, then each may be allowed a single family home or a duplex and each may be eligible for a 500 square foot floor area bonus. (jhe Alpine Acres Subdivision requires that no_single_dwelling upit in the Subdivision may be more than 2,486 square feet of floor area:) Affordable housing mitigation will not be required for any of the units, due to landmark status. The property owners may voluntarily create one ADU per dwelling unit if desired. ADUs count in the calculation of floor area. The process for re-platting the lands affected by this application isIMajor Subdivisicf~ which requires a recommendation from P&Z and a decision by Council. Staff has been informed that the Subdivision process will be pursued-Erst, followed by a desigOeview process at HPC for proposed changes to the historic structures on the site. The Subdivision standards include the following language: Existing Structures, Uses, and Non-Conformities. A subdivision shall not create or increase the non-conformity of a use, structure or parcel. A rezoning application or other mechanism to correct the non-conforming nature of a use, structure, or parcel may be considered concurrently. In the case where an existing structure or use occupies a site eligible for subdivision, the structure need not be demolished and the use need not be discontinued prior to application for subdivision. If approval of a subdivision creates a non-conforming structure or use, including a structure spanning a parcel boundary, such structure or use may continue until recordation of the subdivision plat. Alternatively, the City may accept certain assurance that the non-conformities will be remedied after recordation of the subdivision plat. Such assurances shall be reflected in a development agreement or other legal mechanism acceptable to the City Attorney and may be time-bound or secured with a financial surety. ~A subdivision plat typically must be recorded within 180 days of approval. It seems unlikely that an application would gain HPC approval and receive a building permit to correct any non-conformities within that timeframe. If it cannot be accomplished, another form of assurance, as described above, will be required. On-site relocation to reposition either of the Victorian era homes on the property would likely be acceptable to the Historic Preservation Commission since the buildings were moved to the site. If either of the structures is to be left where they are for the forseeable future, the new lot line must be designed to be at least three feet away from the buildings to address building and fire code issues. A separate pre-app will be prepared for the HPC design review process. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use Code: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26- Land-Use-Code/ ' Land Use Application: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2013%201and%20use %20app%20form.pdf . be, 14 .0 1 '444' Â·4ka J U MAR 3 2015 Land Use Code Section(s) 26.304 Common Development Review Procedures C 2 'O:- Ali'EM 26.415 Historic Preservation , 4 2 -: Â·n,;79 ng\/El 009+L 26.470 Growth Management 26.480 Subdivision 26.575 Miscellaneous Supplement Regulations (Calculations) 26.710.1 Medium Density Residential (R-6) Zone District Review by: Staff for completeness P&Z for recommendation Council for determination Public Hearing: Yes, at P&Z and Council. Neighborhood Outreach: None Planning Fees: A deposit of $7,800 for 24 billable hours. Any unbilled portion of this deposit will be refunded at the conclusion of the case. Additional staff hours, if needed, will be billed at $325 per hour. Referral Fees: Engineering Department - $265 (billed per hour) TOTAL DEPOSIT: 58,065 To apply, submit 1 copy of the following information: O Completed Land Use Application and signed fee agreement. Â¤ Pre-application Conference Summary (this document). O Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (not older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, 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. 0 An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 0 Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. Â¤ A site improvement survey ~(not older than a year from submittal)~cluding toeephy and vegetation showing the current stME-offfiFpareEI- certified by a registered Tand surveyor by licensed in the-Siateof Colorado. - - 1 HOA Compliance form (Attached) 0 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 and relevant land use approvals associated with the property. D A Draft Plat meeting the plat requirements of Chapter 26.490 - Approval Documents. 0 A statement prepared by a Colorado registered Professional Engineer, and depiction or mapping as necessary, regarding the presence of natural or man-made hazards affecting the property, including flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil creep, rock falls, rock slides, mining activity including mine waste deposit, avalanche or snowslide areas, slopes in excess of 30%, and any other natural or man-made hazard or condition that could harm the health, safety, or welfare of the community. Areas with slopes in excess of 30% shall require a slope stability study reviewed by the Colorado Geologic Survey. Also see Chapter 29 - Engineering Design Standards regarding identification and mitigation of natural hazards. Il A narrative prepared by a Colorado registered Professional Engineer, and depiction or mapping as necessary, describing the potential infrastructure upgrades, alignment, design, and mitigation techniques that may be necessary for development of the site to be served by public infrastructure, achieve compliance with Municipal Code Title 29 - Engineering Design Standards, and achieve compliance with the City of Aspen Urban Runoff Management Plan (URMP). The information shall be of sufficient detail to determine the acceptable location(s) and extent of development and to understand the necessary upgrades and the possible alignments, designs, or mitigation techniques that may be required. Specific engineered solutions and design details do not need to be submitted for land use review. An applicant may be required to submit specific design solutions prior to or in conjunction with recordation of a subdivision plat and development agreement, pursuant to Chapter 26.490 - Approval Documents. 0 A statement regarding School Land Dedication requirements of Section 26.620.060 and a description of any lands to be dedicated to meet the standard. Il For changes to vehicular rights-of-way, a draft right-of-way vacation/dedication plat meeting the requirements of Chapter 26.490 - Approval Documents, describing and depicting the boundary of the vacation/dedication including bearings and dimensions with adequate ties to existing monuments to permit accurate legal definition. Il For changes to vehicular rights-of-way, a statement and depiction on the draft vacation/dedication plat regarding compliance with State Statute showing which portions of vacation areas accrue to which properties. Il For changes to vehicular rights-of-way, a statement by the surveyor that all utility companies have been contacted and a depiction of all existing utility lines in the right(s)-of-way in which the vacation/dedication is requested. Once the application is determined to be complete, submit: Â¤ 10 Copies ofthe complete application packet and, if applicable, associated drawings. 0 Total deposit for review of the application. O A digital copy of the application provided in pdf file format. 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. It 2- Land Title Guarantee Company Representing Old Republic National Title Insurance Cl L-r' Schedule A Order Number: Q 62006202 Policy Number: OX62006202.684674 Amount: $2,150,000.00 Property Address: 980 GIBSON AVE # 1, ASPEN, CO 81611 1. Policy Date: December 19, 2014 at 5:00 P.M. 2. Name of Insured: GIBSON MATCHLESS LLC, A GEORGIA LIMITED LIABILITY COMPANY 3. The estate or interest in the Land described or referred to in this Schedule and which is covered by this policy is: A FEE SIMPLE 4. Title to the estate or interest covered by this policy at the date is vested in: GIBSON MATCHLESS LLC, A GEORGIA LIMITED LIABILITY COMPANY 5. The Land referred to in this Policy is described as follows: PARCEL 1 CONDOMINIUM UNIT 1, ALPINEACRES CONDOMINIUMS #1, ACCORDING TO THE CONDOMINIUM MAP RECORDED AUGUST 2, 1977 IN PLAT 6 AT PAGE 11 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED AUGUST 2, 1977 IN BOOK 332 AT PAGE 722. PARCEL 2 A PARCEL OF LAND BEING A PORTION OF SILVER KING DRIVE, BLOCK 1, ALPINE ACRES SUBDIVISION, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO, AS SHOWN ON THE PLAT THEREOF RECORDED IN PLAT RECORDED JULY 6, 1964 IN PLAT BOOK 3 AT PAGE 2 AS RECEPTION NO. 118173 IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, SAID DRIVE MORE COMMONLY KNOWN AS MATCHLESS DRIVE IN THE CITY OF ASPEN, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY MOST CORNER OF LOT 3 OF SAID ALPINE ACRES SUBDIVISION, A NO. 5 REBAR FOUND IN PLACE; THENCE S. 48Â°50'17" E. ALONG THE SOUTHWESTERLY LINE OF LOT 3 A DISTANCE OF 63.02 FEET; THENCE S. 65Â°55'41" W. A DISTANCE OF 66.07 FEET TO THE NORTHEASTERLY LINE OF LOT 1 OF SAID ALPINE ACRES SUBDIVISION; THENCE N. 48Â°50'17" W. A DISTANCE OF 123.75 FEET TO A NO. 5 REBAR; THENCE S. 82Â°59'52" E. A DISTANCE OF 106.85 FEET TO THE POINT OF BEGINNING. This Policy Valid only if Schedule B is attached. Land Title Guarantee Company Representing Old Republic National Title Insurance Company (Schedule B) Order Number 62006202 Policy Number OX62006202.684674 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1) ANY FACTS, RIGHTS, INTERESTS, OR CLAIMS THEREOF, NOT SHOWN BY THE PUBLIC RECORDS BUT THAT COULD BE ASCERTAINED BYAN INSPECTION OF THE LAND OR THAT MAY BE ASSERTED BY PERSONS IN POSSESSION OF THE LAND. 2) EASEMENTS, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF NOT SHOWN BY THE PUBLIC RECORDS. 3) ANY ENCROACHMENT, ENCUMBRANCE, VIOLATION, VARIATION, OR ADVERSE CIRCUMSTANCE AFFECTING THE TITLE THAT WOULD BE DISCLOSED BY AN ACCURATE AND COMPLETE LAND SURVEY OF THE LAND AND NOT SHOWN BY THE PUBLIC RECORDS. 4) ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAWAND NOT SHOWN BY THE PUBLIC RECORDS. 5) (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER, 6) 2014 TAXES AND ASSESSMENTS NOT YET DUE OR PAYABLE. 7) RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 29, 1958 IN BOOK 185 AT PAGE 69. 8) TERMS, CONDITIONS, PROVISIONSAND OBLIGATIONS OF EASEMENTAND RIGHT OF WAY GRANTED TO THE CITY OF ASPEN IN INSTRUMENT RECORDED DECEMBER 21,1976 IN BOOK 321 AT PAGE 761. 9) ALL MATTERS AS SET FORTH IN ANNEXATION OF REAL PROPERTY INTO THE CITY OF ASPEN IN INSTRUMENT RECORDED FEBRUARY 9, 1977 IN BOOK 324 AT PAGE 657. 10) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN DECLARATION RECORDED APRIL 26, 1977 IN BOOK 327 AT PAGE 887. 11) TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AS SET FORTH IN ARTICLES OF INCORPORATION OF ALPINE ACRES SUBDIVISION PROPERTY OWNERS ASSOCIATION RECORDED MAY 19, 1977 IN BOOK 328 AT PAGE 991. 12) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN THE BY-LAWS OFALPINE ACRES CONDOMINIUMS 1 RECORDED AUGUST 2, 1977 IN BOOK 332 AT PAGE 713. 13) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION RECORDED AUGUST 1, 1977 IN BOOK 333 AT PAGE 4. 14) TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 35 RECORDED OCTOBER 01, 1987 IN BOOK 547 AT PAGE 196. 15) THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS AND RESTRICTIONS, WHICH ARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A, AS CONTAINED IN INSTRUMENT RECORDED AUGUST 02, 1977, IN BOOK 332 AT PAGE 722 AND AMENDMENT BY ARBITRATION AGREEMENT RECORDED OCTOBER 26, 1992 IN BOOK 692 AT PAGE 493. 16) EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF ALPINE ACRES CONDOMINIUMS #1 RECORDED AUGUST 02, 1977 IN BOOK 6 AT PAGE 11. 17) EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF ALPINE ACRES SUBDIVISION RECORDED JULY 6, 1964 IN PLAT BOOK 3 AT PAGE ZAS RECEPTION NO. 118173 (AS TO PARCEL 2 ONLY). ITEM NOS. 1 THROUGH 4 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED. RECEPTION#: 616152, 12/ 014 at 11:13:25 AM, 1 OF 3, 21.00 Â· . DF $215.00 Janice K. Caudill, Pitkin County, CO 111111111111'111'1111'1111111 State Documentary Fee Date: December 10,2014 Warranty Deed $ 2500 (Pursuant to 38-30-113 C.R.S.) THIS DEED. made on De[Ember 18, 2014by MDZ LLC, A COLORADO LIMIrED LIABILITY COMPANY Gramor(s), of tlle County of PITKIN and State of COLORADO for the consideration of (32.150-1100) - Two Milion One Hundred Fifty Thousand and 00/100 -0 dollaIS in hand paid, hereby sells and conveys to GIBSON MATCHLESS LLC. A GEORGIA LIMITED IIABILITY COMPANY Grantee(s), whose stiet addipss is 1924 PIEDMONT CIRCLE NE ATLANTA GA 30324, Couotyof FULTON, and Staie of GEORGIA, the following real property in the County of Pitkin, and State of Colondo. ID Wii: SEE ATrACHED "EXCURIT A. also known by sueetand number as; 98[) GLBSONAVE # 1 ASPEN CO 81011 with aU its appurtenances and warrants the mieto the same, subject to taxes and assessment for 2014 and subsequent years and those matten on Exhibit B attached hereto. MI)10 LLC. A COLORADO LIMrrED LIABILrrY COMPANY /0~KV~Â£1Â·13<1NttLS AS MANAGE#F MDI.LLS. A COLORADO (, LIMIniDIJABUIr-Y COMPANY State of COLORADO ) County of PrrKIN ) The foregoing instrument was ackqg,Aedged*efore me on this day of Deeember 18, 2014 by DAVID ANIELS A~*04AGER MI,1, LLC, A COLORADO LIMIIED LIABILITY COMPANY KIMBERLY J. PARHAM NOTARY PUBUC NOTARY ID 20124022396 - STATE OF COLORADO My rr,rnrricqinn prpireg Â»~236*21 MY COMIZSSION EXPIRES 04/26/2016 When Recorded Return to: GIBSON MATCHLESS LLC, A GEORGIA LIMrrED LIABILITY COMPAN-Y 1924 MEDMONT CIRCLE NE ATLANTA, GA 30324 Crrf OF IMM Cal-Â¥ OF ASPEN VIqEIT PAID DAâ„¢HMEWâ‚¬:~ No.4/ify-329 DAm , Ypnt NOâ€¢4*742 tail rzi tv Fom 13082 09/2308 wd.opelodt Warmmiy Deed Open (Photographic) Q62006202 {20675117} ' RECEPTION#: 616152, 12/ 014 at 11:13:25 AM, 2 OF 3, Janice K. Vos Caudill, in County, CO j EXHIBIT A PARCEL 1 CONDOMINIUM UNIT 1, ALPINE ACRES CONDOMLNIUMS #1, ACCORDING TO THE CONDOMINIUM MAP RECORDED AUGUST 4 1977 IN PLAT G AT PAGE 11 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED AUGUST 2, 1977 IN BOOK 332 AT PAGE 722. PARCEL 2 A PARCEL OF LAND BEING A PORTION OF SILVER KING DRIVE. BLOCK 1, ALPINE ACRES SUBDIVISION, CITY OF ASPEN, COUNTY OF PnKIN, STATE OF COLORADO, AS SHOWN ON IHE PLAT THEREOF RECORDED IN PLAT RECORDED JULY 6, 1964 INPIAT BOOK 3 ATPAGE 2 AS RECEPTIONNO. 118173 IN THEOFFICE OFTHE CLERK AND RECORDER OF Pm<IN COUNTY, SAID DRIVE MORE COMMONLY KNOWN AS MATCHLESS DRIVE IN THE CnY OF ASPEN. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY MOST CORNER OF L(Jr 3 OF SAID ALPINE ACRES SUBDIVISION, ANO. SREBAR FOUND INPLACE; THENCE S. 48Â°50'17" E. ALONG THE SOUTHWESTERLY LINE OF LOr 3 A DISTANCE OF 63.02 FEET; THENCE S. 65Â°55'41" W. A DISTANCE OF 66.07 FEET TO THE NORTHEAS'IERLY LINE OF LOT 1 OF SAID ALPINE ACRES SUBDIVISION; IHENCE N. 48Â°50'17" W. A DISTANCE OF 123.75 FEET TO A NO. 5 REBAR; THENCE S. 82'59'52" E. A DISTANCE OF 10â‚¬85 FEET TO'IHE POINT OF BEGINNING. Form 13082 09/2008 wd.open.oat Warranty Deed Open (Photographic) QG2006202 {2067511D RECEPTION#: 616152, 12/ 014 at 11:13:25 AM, 3 OF 3, Janice K. Vos Caudill, in County, CO EXH]BIT B PropertyAddre,5: 980 GIBSONAVE # 1 ASPEN CO 81611 RIGHr OF PROPRIETOR OFAVEIN ORLODE TO EXTRACTAND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE POUND TO PENETRATE ORINTERSECT THE PREMISES AS RESERVED INUNITED SIATES PAIENT RECORDEDAUGUST 29,1958 IN BOOK 185 Kr PAGE 69. TERMS.CONDITIONS, PROVISIONS AND OBLIGATIONS OFEASEMENTAND RIGHT OF WAY GRANTED TO THE CITY OFASPEN IN INSTRUMENr RECORDED DECEMBER 21,1976 IN BOOK 321AT PAGE 761. ALLMATIERS AS SET FORIH INANNEXATION OF REAL PROPERTY INIO THECITY OFASPEN IN INSTRIIMENT RECORDED FEBRUARY 9, 1977 IN BOOK 324AT PAGE 657. TERMS, CONDI,IONS, PROVISIONSAND OBLIGA,IONS AS SET FOIUH INDECLARAIIONRECORDED APRIL 26,1977 IN BOOK 327 AT PAGE 887. lERMS, CONDRIONS, PROVISIONS, OBLIGATIONS AS SEr FORTH INARI[CIES OF INCORFORArION OF ALPINE ACRES SIJBDIVISION PROPERTY OWNERS ASSOCIAHON RECORDED MAY 19,1977 IN BOOK 328 AT PAGE 991. TERMS, CONDMIONS, PROVISIONSAND OBLIGATIONS AS SEr FORTH IN THE BY-LAWS OFALPINEACRES CONDOMINIUMS 1 RECORDED AUGUST 2,1977 IN BOOK 332 AT PAGE 713. TERMS, CONDITIONS, PROVISIONS AND OBLIGArIONS OF STATEMENT OFEXEMPTION FROM THE DEFINnION OFSUBDIVISION RECORDEDAUGUST 1,1977 INBOOK 333 AT PAGE 4. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 35 RECORDED OCTOBER 01,1987 INBOOK 547 AT PAGE 196 THOSE PROVISIONS, COVENANTS AND CONDRIONS, EASEMENTS ANDRESTRICHONS. WHICHARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A. AS CONrAINED IN INSTRUMENT RECORDEDAUGUST 02,1977, IN BOOK 332 AT PAGE 722 AND AMENDMENT BY ARBITRATION AGREEMENT RECORDED OCTOBER 26.1992 INBOOK 692ATPAGE 493. EASEMENIS, CONDI'nONS, COVENANTS, RESIRICIIONS, RESERnrIONS AND NOTESONTHEPLATOF ALPINEACRES COP{DOMINrUMS #1 RECORDEDAUGUST 02.1977 INBOOK.6*TPAGE 11 EASEMENTS, CONDITIONS, COVENANTS, RESTRIC]IONS, RESERVATIONS AND NOTES ON THE PLAT OF ALPINE ACRES SUBDIVISION RECORDED JULY 6, 1*4 IN PLAT BOOK 3 AT PAGE 2 AS RECE,IZION No. 118173 (AS TO PARCEL 2 ONIX). Form 13100 08/2008 1,2â‚¬xhibit,escrow.odt Q62008202 {20675116} Secretary of State Control No.: 14117357 Date Filed: 12/12/2014 2:42:07 PM Articles of Organization The Name of the Limited Liability Company: GIBSON MATCHLESS LLC The Principal Place of Business: 1924 PIEDMONT CIRCLE NE ATLANTA, Georgia 30324 Registered Agent's Name and Address: GEORGE F. MAYNARD 620 GLEN IRIS DRIVE NE SUITE 103 PONCE SPRINGS LOFTS Atlanta, Georgia 30308, Fulton County Effective Date: November 20,2014 Organizer(s): GEORGE F. MAYNARD 620 GLEN IRIS DRIVE NE SUITE 103 ATLANTA, Georgia 30308 Optional Provisions: IN WITNESS WHEREOF, the undersigned has executed these Articles of Organization on the date set forth below: Signed by: GEORGE F. MAYNARD Organizer Date: 12 December, 2014 A person who signs a document submits an electronic filing he or she knows is false in any material respect with the intent that the document be delivered to the Secretary of State for filing shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished to the highest degree permissible by law. [O.C.G.A.Â§ 14-2-129.1 Control No.: 14117357 STATE OF GEORGIA Secretary of State Corporations Division 313 West Tower #2 Martin Luther King, Jr. Dr. Atlanta, Georgia 30334-1530 CERTIFICATE OF ORGANIZATION I, Brian P. Kemp, The Secretary of State and the Corporation Commissioner of the State of Georgia, hereby certify under the seal of my office that GIBSON MATCHLESS LLC a Domestic Limited Liability Company is hereby issued a CERTIFICATE OF ORGANIZATION under the laws of the State of Georgia on November 20, 2014 by the filing of all documents in the Office of the Secretary of State and by the paying of all fees as provided by Title 14 of the Official Code of Georgia Annotated. WITNESS my hand and official seal in the City of Atlanta and the State of Georgia on December 12, 2014 1 ' U~ Cfre '4 ' rd 0 0,0 A A. 410 I - O e. I. .9.--- O b:CA %3-#F , Brian P. Kemp wooog~cooll Secretary of State ~177-9 Tracking #: 4Og2njct ..=LE GIBSON MATCHLESS LLC OPERATING AGREEMENT 1L THIS OPERATING AGREEMENT (this "Agreement") is made as of the / 2 11ay of 1 December, 2014, by ABG ENTERPRISES, LLC, a Georgia limited liability company ("Member"), as the sole member of GIBSON MATCHLESS LLC, a Georgia limited liability I company (the "Company"). Section I I Defined Terms The following capitalized terms shall have the meanings specified in this Section I. Other terms are defined in the text of this Agreement and, throughout this Agreement those terms shall have the meanings respectively ascribed to them. "Act" means the Georgia Limited Liability Company Act. as amended from time to time. "Member" means Owner and any Person who subsequently is admitted as a member of the Company. "Manager" means the person appointed by the Member to manage the business and affairs of the Company. Effective as of the date of this Agreement, AARON B. GOLDMAN is hereby appointed as the Manager of the Company. "Membership Rights" means all of the rights of a Member in the Company. "Person" means and includes an individual, corporation, partnership, association, limited liability company, trust, estate, or other entity. "Successor" means all Persons to whom all or any part of the Membership Rights are transferred. "Transfer" means, when used as a noun, any voluntary sale, hypothecation, pledge, assignment, attachment, or other transfer, and, when used as a verb, means voluntarily to sell, hypothecate, pledge, assign, or otherwise transfer. Section II Name; Office; Purpose: Term 2.1. Name of the Companv. 1'.he narne of the Company is GIBSON MATCHLESS LLC. The Company may do business under that name and under any other name or names upon which the Manager determines. 2.2. Purpose. The Company is organized to engage in any and all business activities , pennitted by the Act. 2.3. Term. The term of the Company shall be perpetual, unless its existence is sooner terminated pursuant to Section VI of this Agreement. 2.4. Principal Office. The mailing address of the principal office of the Company in the State of Georgia shall be 1924 Piedmont Circle, NE, Atlanta, Georgia 30324. 2.5. Resident Agent. The name and address of the Company's registered agent in the State of Georgia shall be George F. Maynard, 620 Glen Iris Drive NE, Suite 103, Atlanta, Georgia 30308-2767. 2.6. Member. The Member's present mailing address is set forth on Exhibit A. Section In Capital 3.1. Capital Contributions. The Member has contributed or will contribute to the capital of the Company the assets described on Exhibit A. Member shall not be required to contribute any additional capital to the Company, and no Member shall have any personal liability for any obligations to the Company. 3.2. Loans. The Member may, at any time, make or cause a loan or loans to be made I to the Company in any amount and on those terms upon which the Company and the Member agree. Section IV Management: Rights, Powers, and Duties 4.1. Powers of the Manazer. Except as otherwise provided in this Agreement, the Manager shall have full power and authority, subject in all cases to the requirements of applicable law, to manage the business and affairs of the Company for the purposes herein i stated, to make all decisions affecting such business and affairs and to do all things which the ! Manager deems necessary or desirable in connection with the conduct of the business and affairs ofthe Company. 4.2. Compensation of Manager. The Manager shall be compensated for his services as Manager as agreed upon from time to time by the Manager and the Member. In addition, the Manager shall be entitled to reimbursement for reasonable, ordinary and necessary fees and expenses incurred by the Manager in connection with his duties as Manager ofthe Company. 4.3. Resignation of Manager. The Manager may resign as the Manager of the Company at any time upon notice to the Company. 2 4.4. Removal of Manager. The Member may remove the Manager at any time and for any reason. Removal of the Manager by the Member shall be effective immediately. 4.5. Election of New Manager. The Member shall elect a new Manager upon the resignation or removal of the Manager. In the event of the election of a new Manager, the new Manager shall make all necessary or appropriate filings with the State of Georgia or other authorities. 4.6. Meetings of Member. In the event the vote, consent approval or determination of the Member is required pursuant to any provision of this Agreement, the Member shall vote or otherwise take action by a written instrument indicating the consent of the Member. 4.7. Time Devoted to Companv. The Manager shall not be obligated to contribute its full time and efforts to the Company, but only such time as is necessary to conduct the business and affairs of the Company. 4.8. Indemnification. The Company shall indemnify the Manager for any act performed by the Manager within the scope of the authority conferred upon the Manager by this Agreement to the fullest extent permitted by the Act. The indemnification provided by this Section 4.8 shall not be deemed exclusive of any other rights to which those indemnified or others may be entitled under any agreement. Any indemnification provided by the Company shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the Person entitled to indemnification. Any repeal or modification of this Section 4.8 shall not adversely affect any right or protection of the Person entitled to indemnification hereunder at the 6 time of such repeal or modification. Section V Transfer of Interests 5.1. Transfers. The Member may Transfer all, or any portion of, or its interest or rights in, its Membership Rights to one or more Successors. 5.2. Transfer of Membership Rights to a Successor. In the event of any Transfer of Membership Rights to a Successor, the Successor shall thereupon become a Member and the Company shall be continued. Section VI Dissolution, Liquidation, and Termination of the Company 6.1. Events of Dissolution. The Company shall be dissolved if the Member determines to dissolve the Company. 6.2. Procedure for Winding Up and Dissolution. If the Company is dissolved, the affairs of the Company shall be wound up in accordance with the requirements of the Act. 3 Section VII Books, Records. Accounting, Tax Elections, Insurance 7.1. Bank Accounts. The Manager shall determine the institution or institutions at which bank accounts for the Company will be opened and maintained, the types of accounts, and the Persons who will have authority with respect to the accounts and the funds therein. 7.2. Books and Records. The Manager shall keep or cause to be kept complete and accurate books and records of the Company and supporting documentation of the transactions with respect to the conduct of the Company's business. Section VIII General Provisions 8.1. Applicable Law. All questions concerning the construction, validity, and ; interpretation of this Agreement and the performance of the obligations imposed by this Agreement shall be governed by the internal law, not the law of conflicts, of the State of Georgia. 8.2. Section Titles. The headings herein are inserted as a matter of convenience only, and do not define, limit, or describe the scope of this Agreement or the intent of the provisions * hereof. 8.3. Binding Provisions. This Agreement is binding upon, and inures to the benefit of, the Member and its successors and assigns. : 8.4. Terms. Common nouns and pronouns shall be deemed to refer to the masculine, feminine, neuter, singular and plural, as the identity of the Person may in the context require. 8.5. Separabilitv of Provisions. Each provision of this Agreement shall be considered separable; and if, for any reason, any provision or provisions herein are determined to be invalid and contrary to any existing or future law, such invalidity shall not impair the operation o f or affect those portions of this Agreement that are valid. 8.6. Amendment. This Agreement may be amended at any time by the Member executing a written instrument containing such amendment. [signatures begin on next page] 4 IN WITNESS WHEREOF, the Member and the Company have executed this Agreement as ofthe date first set forth above. MEMBER: ABG ENTERPRISES, LLC, a Georgia - limited [iability,~mpagy 1 .q C 441 By: C- ---USEAL) Aaron B. Goldman, Manager COMPANY: GIBSON MATCHLESS LLC, a Georgia limited liability,c045*nv . /7-1 y / ft Byo -A~1-ISEAL) Aaron B. Goldman, Manager) -5 Exhibit A Member Capital Contribution ABG ENTERPRISES, LLC $1,000.00 1924 Piedmont Circle, NE Atlanta, Georgia 30324 A-1 Customer Distribution Land Title Our Order Number: BAR62006310 GUARANTEE COMPANY WWW.LTIC.COM Date: 11-04-2014 Property Address: 990 GIBSON AVE # 2, ASPEN, CO 81611 For Title Assistance KIM SHULTZ 200 BASALT CENTER CIRCLE PO BOX 3440 BASALT, CO 81621 970-927-0405 (phone) 970-927-0610 (fax) kshultz@Itgc. com Buyer/Borrower PECK FEIGENBAUM PC TO BE DETERMINED Attention: LUCAS PECK Delivered via: Electronic Mail 132 MIDLANDAVE#4 BASALI CO 81621 970-925-5196 (work) 970-925-4559 (work fax) lucas@rfvlaw. com Delivered via: Electronic Mail Seller/Owner VAN METER FAMILY LIVING TRUST U/T/A DATED MAY 17, 2001 Delivered via: Electronic Mail Land Title Guarantee Company Estimate of Title Fees Land Title GUARANTEE COMPANY WWW LTGC.COM Order Number: BAR62006310 Date: 11-04-2014 Property Address: 990 GIBSON AVE # 2, ASPEN, CO 81611 Buyer/Borrower: TO BE DETERMINED Seller: VAN METER FAMILY LIVING TRUST U/T/A DATED MAY 17, 2001 Wire Instructions ~ Bank: ALPINE BANK Address: 600 E HOPKINS ASPEN, CO 81611 ABA No: 102103407 Account: 2020010529 Please note: We do not accept ACH electronic transfers. Visit Land Title's website at www. Itgc.com for directions to any of our offices. Estimate of Title Insurance Fees TBD Commitment $204.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Total $204.00 THANK YOU FOR YOUR ORDER! 1~y 'Â·13}ff ': 1*Â«r,% .q1-0, ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: BAR62006310 Customer Ref-Loan No.: Property Address: 990 GIBSON AVE # 2, ASPEN, CO 81611 1. Effective Date: 10-28-2014 at 05:00PM 2. Policy to be Issued and Proposed Insured: "TBD" Commitment $0.00 Proposed Insured: TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: VAN METER FAMILY LIVING TRUST U/T/A DATED MAY 17, 2001 5. The Land referred to in this Commitment is described as follows: PARCEL 1 CONDOMINIUM UNIT 2, ALPINE ACRES CONDOMINIUMS #1, ACCORDING TO THE CONDOMINIUM MAP RECORDED AUGUST 2, 1977 IN PLAT BOOK 6 AT PAGE 11- AND ACCORDING TO THE FIRSTAMENDED CONDOMINIUM MAP OF UNIT TWO OFALPINE ACRES CONDOMINIUMS #1 RECORDED SEPTEMBER 15, 2003 IN PLAT BOOK 67 AT PAGE 1Z AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED AUGUST 2, 1977 IN BOOK 332 AT PAGE 722. PARCEL 2 A PARCEL BEING A PORTION OF SILVER KING DRIVE, BLOCK 1, ALPINE ACRES SUBDIVISION, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO, AS SHOWN ON THE PLAT THEREOF RECORDED JULY 6, 1964 AT RECEPTION NO. 118173 IN PLAT BOOK 3 AT PAGE 2 IN THE OFFICES OF THE CLERK AND RECORDER OF PITKIN COUNTY, SAID DRIVE MORE COMMONLY KNOWN AS MATCHLESS DRIVE IN THE QJIX-QEASPEN,SAID PARCEL BEING MORE-BARTICULARLY_DESCRIBED AS FOLLOWS:- '~~BEGINNING AT THE SOUTHWESTERLY LINE OF LOT 3 OF SAID ALPINE ACRES SUBDIVISION, FROM WHICH THE WESTERLY MOST CORNER OF SAID LOT 3 BEARS N.48Â°50'17" W. A DISTANCE OF 63.02 FEET; THENCE S. 48Â°50'17" E., ALONG THE SOUTHWESTERLY LINES OF LOT 3 AND LOT 2 OF SAID ALPINE ACRES SUBDIVISION A DISTANCE OF 102.04 FEET TO THE CENTERLINE OF AN EXISTING DRAINAGE; THENCE S. 56Â°36'27" W. ALONG SAID DRAINAGE A DISTANCE OF 22.65 FEET; THENCE S. 53Â°34'06" W. ALONG SAID DRAINAGE A DISTANCE OF 26.11 FEET; THENCE S. 17Â°52'03" W. ALONG SAID DRAINAGE A DISTANCE OF 13.79 FEET TO THE NORTHEASTERLY LINE OF LOT 1 OF SAID ALPINE ACRES SUBDIVISION; THENCE N. 48Â° 50'17" W. ALONG SAID NORTHEASTERLY LINE DISTANCE OF 123.53 FEET; THENCE N. 65Â°55'41" E. A DISTANCE OF 66.07 FEET TO THE POINT OF BEGINNING. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: BAR62006310 Customer Ref-Loan No.: Copyright 2006-2014 American Land Title Association. All Rights Reserved - All: R. ' N [ANI) Ill. ./.1... The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: BAR62006310 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: 1. RELEASE OF DEED OF TRUST DATED MARCH 21, 2011 FROM VAN METER FAMILY LIVING TRUST U/T/ A DATED MAY 17, 2001 TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF CITIMORTGAGE, INC. TO SECURE THE SUM OF $467,352.00 RECORDED MARCH 24, 2011, UNDER RECEPTION NO. 578607. 2. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE CITY OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED. 3. THE FULLY EXECUTED TRUST AGREEMENT OF VAN METER FAMILY LIVING TRUST DATED MAY 17, 2001, A TRUST, MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY PRIOR TO CLOSING SO THAT THE COMPANY CAN CONFIRM THE ACCURACY OF THE STATEMENTS APPEARING IN THE STATEMENT OF AUTHORITY OR TRUSTAFFIDAVIT OF PUBLIC RECORD. 4. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OFAUTHORITY SETTING FORTH THE NAME OF THE VAN METER FAMILY TRUST U/T/A DATED MAY 17, 2001 AS A TRUST, OR WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OFAUTHORITY RECORDED FEBRUARY 24,2004 UNDER RECEPTION NO. 494814 IS CURRENT. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS. NOTE: THE CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. 5. WARRANTY DEED FROM VAN METER FAMILY LIVING TRUST U/T/A DATED MAY 17, 2001 TO TO BE DETERMINED CONVEYING SUBJECT PROPERTY. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: BAR62006310 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED I STATES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 19, 1958, IN BOOK 185 AT PAGE 69. 9. EASEMENTS, RIGHTS OF WAY AND ALL MATTERS AS DISCLOSED ON PLAT OF ALPINE ACRES SUBDIVISION RECORDED JULY 6, 1964 IN PLAT BOOK 3 AT PAGE 2. 10. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENT AND RIGHT OF WAY GRANTED TO THE CITY OF ASPEN IN INSTRUMENT RECORDED DECEMBER 21, 1976 IN BOOK 321 AT PAGE 761. 11. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN ANNEXATION OF REAL PROPERTY INTO THE CITY OF ASPEN IN INSTRUMENT RECORDED FEBRUARY 9,1977 IN BOOK ~ 324 AT PAGE 657 AND ANNEXATION MAP RECORDED FEBRUARY 9, 1977 IN PLAT BOOK 5 AT PAGE 64. 12. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS AND RESTRICTIONS AS CONTAINED IN DECLARATION RECORDED APRIL 26, 1997, IN BOOK 327 AT PAGE 887. 13. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN THE ARTICLES OF INCORPORATION FOR ALPINE ACRES SUBDIVISION PROPERTY OWNERS ASSOCIATION RECORDED MAY 19, 1977 IN BOOK 328 AT PAGE 991. 14. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN THE ARTICLES OF Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: BAR62006310 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: INCORPORATION FOR ALPINE ACRES CONDOMINIUMS NO. 1 RECORDED AUGUST 2, 1977 IN BOOK 332 AT PAGE 713. 15. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED AUGUST 02, 1977, IN BOOK 332 AT PAGE 722 AND AMENDED BY ARBITRATION AGREEMENT RECORDED OCTOBER 26, 1992 IN BOOK 692 AT PAGE 493. 16. EASEMENTS, RIGHTS OF WAY AND ALL MATTERS AS DISCLOSED ON PLAT OF ALPINE ACRES CONDOMINIUMS #1 RECORDED AUGUST 2, 1977 IN PLAT BOOK 6 AT PAGE 11 AND FIRST AMENDED PLAT OF UNIT TWO OF ALPINE ACRES CONDOMINIUMS #1 RECORDED SEPTEMBER 15, 2003 IN PLAT BOOK 67 AT PAGE 1-1. JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, Land Title LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, GUARANTEE COMPANY LAND TITLE INSURANCE CORPORATION AND WWW LTGC COM OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: â€¢ applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; â€¢ your transactions with, or from the services being performed by, us, our affiliates, or others; â€¢ a consumer reporting agency, if such information is provided to us in connection with your transaction; and â€¢ the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: â€¢ We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. â€¢ We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. â€¢ Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. â€¢ We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be 1 disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or ' relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and I judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION Land Title GUARANTEE COMPANY DISCLOSURE STATEMENTS WWW.1TGC COM Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The Subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Pol cy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information, financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. .6WL TITLE;~,~, Commitment to Insure *** 1% *** 12 4 . ALTA Commitment - 2006 Rev. o Z OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable *m. consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed * r... Insured named in Schedule A, as owner or mongagee of the estate or interest in the land described or referred to in Schedule A, **** upon payment of the premiums and charges and compliance with the requirements; all subject to the provisions of Schedule A t :>70 ' Ar~.t.... and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www. alta.org. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred toi this Commitment is also subject to the following: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 4, Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the ~ effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this i Commitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Old Republic National Title Insurance Company Land Title Guarantee Company 4,/D,I" :'*AL TITE;2,'' 400 Second Avenue South a Stock Company 3033 East First Avenue , SuRe 600 .9 AP * * * 0- 7 Minneapolis, Minnesota 55401 Denver, Colorado 80206 . 9- * 'Â§ 1 (612)371-1111 22* r. 1 7 - 303-850-4165 3* C.f u /70-</9236â€¢:da9 0 1. *m; Mark Bilbrey - President ~~7 61-.$ 1* * CP = President AMERICAN ~ ~ John E Freyer . VA : Â¢56 * LAND TITLE '''~ 070 ~ k~:4~~~~~ - ASSOCIATION Rande Yeager Authorized Officer or Agent ..f,1.t/ -2,& Secretary .,9.- ...192226Â·92Â· EXHIBIT City of Aspen Community Development Dept. 130 S. Galena Street Aspen, CO 81611 RE: 980 Gibson Avenue (Alpine Acres, Unit 1) (PID# 2737-074-10-001) Subdivision Application To whom it may concern: As applicant for Subdivision for the above referenced property, along with 990 Gibson Avenue (Alpine Acres Unit 2), I hereby authorize Haas Land Planning, LLC (HLP) to act as the designated and authorized representative for the preparation, submittal and processing of an application requesting the approval listed above, as well as, any subsequent applications associated therewith. The authorization to apply for subdivision on behalf of the Van Meter Family Living Trust (the owners of Unit 2) is contained in a separate letter. HLP is also authorized to represent Gibson Match-less, LLC and the Van Meter Family Living Trust in meetings with City staff, the Historic Preservation Commission, the Planning and Zoning Commission, and the Aspen City Council. Should you have any need to contact me during the course of your review, please do so through Haas Land Planning, LLC. f Yours truly,7 / c/k Al ,/79 41/\ CE-~LO Gibson Matchless LLC By: Aaron Goldman 1924 Piedmont Cir NE Atlanta, GA 30324 EXHIBIT FT-1 City of Aspen Community Development Dept, 130 S. Galena Street Aspen, CO 81611 RE: 990 Gibson Avenue (Alpine Acres, U-nit 2) (PID# 2737-074-10-002) Permission for Gibson Matchless LLC to Submit an Application for Subdivision To whom it may concern: As owner of the above referenced property, we hereby authorize Gibson Matchless LLC to apply for a Subdivision for the two units that currently comprise the Alpine Acres Subdivision. As such, Haas Land Planning, LLC (HLP) is authorized to act as the designated and authorized representative for the preparation, submittal and processing of an application requesting the approval listed above. HLP is also authorized to represent us in meetings with City staff, the Historic Preservation Commission, the Planning and Zoning Commission, and the Aspen City Council. Should you have any need to contact us during the course of your review, please do so through Haas Land Planning, LLC. Yours truly, Â«,x,~._:_, (i- 0*- f Van Meter Family Living Trust By: 1352 Bay Street Alameda, CA 94501 -- --- - VICINITY MAP 0 -Wk Trueman 0 ,~817*ICif~ Fl/ ICommercial b The:iter In. Center B 1 A;pen 1 E :lk the Pact 14 Rio John Denwi G i.in, 1,0 '~ 2/ r r 4.,0 . 4 Sanduary M q 77 m 21 41 Rle y '4 Grande Aipen ... ,~ t,iBII,p Skâ€¢le Park RegÂ·cling Glb,on ~048#404/%* '21*%* 6 h M 0, $ .0, 0 1 i Filgin F Hotel - Gounl, LibrarY e ler orte i Ubrary Pia=F y Pitkin 1 'ry:ir' 11â€¢ #I Coud W 'Â·- R 01.Ir Fratell, 131 N e.bil r: A:pt.,1 P.Iltr Order of Park and Plk,In ; 9, e= E agles ->~ 0 / 7 taterAO' S / 2 L ck Aspeti Aspen ~ / '04,74,1~ SITE: 980/990 Gibson Ave. Fire â€¢Sf Henon 4 960 ,Dinner Park . ,O / - 4,3Â« 4. iparh 2 491" b..11,?,1,/,1 2 * 9 4 5 - 440 b C * * 9- B H up}49:, Ave 0 0 Â£ O 2 1.--glil ~ â‚¬ 4'mon Ape 5 4 f --I A.,enArt A Â·Â· w 1. ',J De l.11-r 0 \ hube, 2:,1-1 % Tron:il r'J Center l 1,Wr/lhKA,9Â¥-- E Our M Ave EL aâ€¢ 11 -I."i....6 - P 't f fr Ald'"ored' $ sitier circle ~ 104 0 4*,4. L 61 6 b a Rink - B #,der par, 0 ~Â£32-C~~54*/4: 44 1 ' Li I _ G,Lr.,1. ; C LIttle-~ n . li = - N.1 - 9 1"5 h Mounta n Hotel 2 30,idola Flaza i 12 '3 7/ Eh~491 Goten, 9â€¢ ==1"1 EXHIBIT IMPROVEMENT & TOPOGRAPHIC SURVEY j ALPINE ACRES CONDOMINIUMS #1 & #2 AND A PORTION OF SILVER KING DRIVE (REC. NO. 550853) El 6 ~t~./*f'~'i'QÂ¢â‚¬ -980&990 ~ 4 0-6 Â· Â· 10. 411 ( 14 , GIBSON AVENUE SITUATED IN SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M. 1.R* 5.>2,1.,4.11.20 CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO PROPERTY DESCRIPTION (980 GIBSON AVENUE) :: - m =m g 209 LAND TITLE GUARANTEE COMPANY - . mo 9-1 -8.-Â»%942:(./Â·:~ 4' :Â· 3..,Â·RE#~\ - ORDER NUMBER Q62006202-4 DAT~ZUGUST25,20143 ~~4 5 5 (1:1-29.5204.-4.4.31*mi) -- / 19#,rÂ« 1*,% 1- - .z<e 4 e - b k. :04 1,; . SLOPES WITHIN PROPOSED TREE CHART TREE CHART i.1. LOT 1-GIBSON EMATCHLESS TREE TYPE SIZE DRIP TREE TYPE S]ZE DRIP >- CONDILINIUM UNIT 1. m LOT 4 - BLOCK 1 / 1 ASPEN f 12' 48 DECIDUOUS r 14' ALPINE ACRES CONDOMINIUMS #1. 7#1Â·ti i urkt-?632*>I-G--Ft FOUND REBAR & 1-1/4.-4 1,/1 1/ 2, 6 14\ \ 1 1 YEUOW PLASTIC CAP ALPINE ACRES SUBDIV]SION / 0% TO 20% 3 ASPEN r 14' 50 ASPEN 8- 16 AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED AUGUST 2, 1977 IN BOOK 332 AT PAGE 722. 2 ASPEN 6~ 12' 49 DECIDUOUS 13= 26 ACCOR[ING TO THE CONDOMINJUM MAP RECORDED AUGUST 2, 1977 IN PLAT 6 AT PAGE 11 AND AS DEPINED (13,904* SQ.FT.) 4 ASPEN 7~ 14' 51 CONIFEROUS e 12' 5 CONIFEROUS 14' 52 DECIDUOUS 6= 12' EARCit 2 (NORTHERLY PARCEL RECEPnoN NO 5508531 6 CONIFEROUS 7 X 53 DECIDUOUS 14, 28' h; 'i'Â·f,Â·11Â·4Â· C. 6-~'â€¢<19- 1\ 2- ~ 6'721~.#/ ,Â£-1.-:- 'ut--4 :40:- .95?k'Â·':fl \ 20% TO 30% A PARCEL OF LAND BE]NG A PORIION OF SILVER KING DRIVC BLOCK 1, ALPINE ACRES SUBDIMSION, CITY OF 7 CONIFEROUS 6~ 12' 54 DECIOUOUS 14- 28' ASPEN. COUNTf OF PITKIN. STATE OF COLORADO. AS SHOWN ON THE PLAT THEREOF RECORDED IN PLAT -, (515* SQ.FT.) ~q 51 8 CONIFEROUS r 14' 55 DECIDUOUS 14~ 28 RECORDED JULY 6.1964 IN PLAT BOOK 3 AT PAGE 2 AS RECEPION NO. 118173 IN THE OFFICE OF THE 9 ASPEN r 16' 56 DECOUOUS 12" 24' CLERK *ND RECORDER OF PITKIN COUNTY. SAID DRIVE MORE COWMONLY KNOWN AS MATCHLESS DRIVE IN THE ~ SILVER \ / / c..FEROUS r BEGINNING AT THE WESTERLY MOST CORNER OF LOT 3 OF SAID ALPINE ACRES SUBDISION. A NO. 5 REBAR > FOUND ~N PLACE; THENCE S.48Â·50'17-E. AL.ONG IHE SOUTHERLY UNE OF LOTJADISTANCE OF 63.02 H 10 ASPEN 7 14' 57 DECIDUOUS 24' CITY OF ASPEN, SAID PARCEL BEING WORE PARTICULARLY DESCRIBED AS FOLLOWS: 11 8' 58 DECIDUOUS 24' SLOPES GREAIER/ THAN 30% 12 ASPEN 6~ 12' 59 CONIFEROUS 12' W VICINITY MAP KING DRIVE li e son) 13 ASPEN 10' 60 CONIFEROUS 18' FEET; 1Â·iENCE &6555'41-W. A DISTANCE OF 66.07 FEET To THE NORIHEASTERLY UNE OF LOT 1 OF SAID $(ALL 1~ a 2,000' ~ (BOOK 3, PAGE K 14 ASPEN Â£ 16 61 CONIFEROUS 16' ALPINE ACRES SUBDIVISION; THENCE N.48'50'17'W. A DISTANCE OF 12175 FEET TO A NO. 5 REBAR; THENCE 15 ASPEN 6~ 12' 62 ASPEN 20' S.82593Â·rE A DETANCE OF 105.85 FEET TO â„¢E POINT OF ENN!NG. 18 ASPEN Â£ 12 63 ASPEN 14 AREA BREAKDOWN SLOPES WITHIN PROPOSED 17 ASPEN 6- 12 64 CONIFEROUS 12 / LOT 2-GIBSON & MATCHLESS 18 ASPEN 11 20' 65 ASPEN 12' LOT 1 ALP[NE ACRES SUBDIV1SION \ .\ V ./ - ...1 / 1 19 ASPEN 12~ 240 66 ASPEN 14' ORIGINAL LOT 1 = 18,635+ SQ.FT. 10' SETBACK ... r -~ ..~ Z,44Â· ~ />' 0% TO 20% 21 ASPEN Â£ 16' 68 ASPEN 14' PROPERTY DESCRIPTION (990 GIBSONAVENUE) ROAD & LrrILITY EASEMENT 5 - / 20 DEaDUOUS 36- 72' 67 ASPEN 14' 8001( 8, PAGE 11 (13,439* SO.FT.) 22 ASPEN E 16' 69 ASPEN 2 16 -1 23 ASPEN E 12' 70 CONIFEROUS 7- 14' LAND TITLE GUARANTEE COMPANY BOOK321 :32:LI: ~61,53~~S~Q~H. ASPEN 12* 24' 71 CONIFEROUS I 16' ORDER NUMBER BAR62006310 DATED: NOVEMBER 4,20 14 f W 1 ...i ORANGE ./.C r..%7 25 DEIDUOUS 14- 28' 72 CONIFEROUS 8= 12' \ I ..0 Â£,1. 0059~ (332 SQ.FT.) 27 DECIDUOUS r 16' 74 ASPEN Â£ 12 DWICATED / 11 --- TH 20% To= 26 DEaDUOUS 13~ 26' 73 CONIFEROUS 6~ 12' 18=-1 U / CONDOM1NIUM UNIT 1 ITY OF ASPel M - ,Â·-e.EcTIc I DECIDUOUS r 14 75 ASPEN 7. 14' ALPINE ACRES CONDOMINIUMS #1, V ~ BOOK 324. PAGE 857 0' VAULT / DECIDUOUS 14~ 28' 76 ASPEN A 16' ACCORDIG TO THE CONDOMINIUM WAP RECORDED AUGUST 2, 1977 IN PLAT BOOK 6 AT PAGE 11 AND Z S82Â°59'52"E 1 06.85' 94 LIL] 51-(~6ES ~~~~~,11, ~ DEaDUOUS 8- 16' 78 ASPEN 2 16 RECORD.-i SEPTEMBER 15, 2003 IN PLAT BOOK 67 AT PAGE 17 IND AS DEFINED AND DESCRIBED IN lIE SLOPES WITHIN LOT 1 DECIDUOUS 12- 24' 77 CONIFEROUS : 14 ACCORDING TO THE ARST AMENDED CONDOMINIUM MAP OF UNIT TWO OF ALPINE ACRES CONDOMINIUMS #1 ALP[NE ACRES SUBDIVISION ~0 '< THAN 30% / \ â‚¬99,8% '' 7/ \ FOUND NO 5 REBAR 32 DECIDUOUS 13' 26' 79 ASPEN 10- 20' CONDOMNIUM DECLARATION RECORDED AUGUST 2,1977 IN BOOK 332 AT PAGE 721 r \ 33 DEIDUOUS 16- 32' 80 ASPEN 9 . PARCFI 7 (SO THFRI Y PARCFI RFCFPTION NO. 550853) O Y LOT 3-BLOCK 1 DECIDUOUS 6~ 12' 81 ASPEN 9 / M I L + ALPINE ACRES 35 DECIDUOUS 8~ 160 82 ASPEN r 10' A PARCEL 88NG A PORTION OF ILVER KING DRIVE, BLOCK 1. ALPINE ACRES SUBDMSION. CITY OF ASPEN, 1.2 \ 36 CONIFEROUS 13. 18' 83 ASPEN : 12' COUNTY OF PITION, STATE OF COLORADO, AS SHOWN ON THE PLAT IHEREOF RECORDED JJLY 6,1964 AT \ SUBDIVISION 37 ASPEN r 12' 84 ASPEN 6. 12' RECEPTDN NO. 118173 IN PLAT BOOK 3 AT PAGE 2 IN THE OFFICES OF THE a.ERK AND RECORDER OF 38 ASPEN 6~ 12' 85 ASPEN r 16 PITKIN CJNTY, SAID DRIVE MORE COMMONLY KNOWN AS MATCHLESS DRNE IN THE aTY OF ASPEN, SAID ~ ~ ~- / 39 ASPEN A 16' 86 ASPEN : 16' 0 0 I PARCEL BONG MORE PARICULARLY DESCRIBED AS FOUOWS: 20% TO 30% 40 ASPEN r 14' 87 CONIFEROUS 10~ 10' BEGINER,G AT THE SOUTHWESTERLY UNE OF LOT 3 OF SAID ALPINE ACRES SUBDIMSION, FROM WHICH THE (847* SQ.FT.) SET REBAR & 1-1/4 4 laa . 1 /0 6 NORTHERLY PARCEL 4, . e 43 DEaDUOUS 9~ 14' 90 ASPEN Â£ 16 DISTANCE OF 102.04 FEET TO THE CENTERUNE OF AN DOSTING DUINAGE; THENCE S.55'36'27-W. ALONG SAID YOLOW PLASIC RACQUETCLUB ~3 ~~ 41 CONIFEROUS 15= 20' 88 ASPEN 10- 20 lIESTERLY MOST CORNER OF SAID LOT 3 BEARS N.48'50'17~W. A DI5Â·TANCE OF 63.02 FEET; THDICE INAmED PROP Co~IER - ~ CONDOMINIUMS ~ 42 CONIFEROUS 14' 16' 89 ASPEN 12~ 24 S.48Â·50'7-E., ALONG TME SOUTHWESTERLY UNES oF LOT 3 AND LOT 2 OF SAID ALPINE ACRES SUSDIVISION A L SLOPES GREATER J ~ 44 CONIFEROUS ~ 18' 91 ASPEN r 12 DRAINACE A DISTANCE OF 2265 FEET: THENCE S.53-34'06~W. ALONG SAID DRAINAGE A DISTANCE OF 26.11 \ 4, RECEPTION NO. 550853 9Â°~ THAN 30% 5,603* SQ,FT. 45 le 28' 92 FEET; THENCE S.17'52'03~W. ALONG SAID DRAINAGE A DISTANCE OF 13.79 FEET TO THE NORTHEASTERLY UNE (462* SQ.FT.) (309 . * DECIDUOLIS ASPEN 6" 12 --91 / 46 DEODUOUS 14~ 28' 93 ASPEN 6. 12' OF LOT 1 OF SA![) ALPINE ACRES SUBDIMION; THENCE N.4850'17'W. ALONG SAID NORTHEA5TERLY UNE SS>S ' 47 DEYOUOUS 15. 30 94 ASPEN Â£ 12 DISTANCE OF 123.53 FEET, THENCE N.6535'41~E A DISTANCE OF 65.07 FEET TO THE POINT OF BEGINNING. 95 ASPEN G 12 SLOPES WITHIN UNIT 1 i NOTFS: 691 * 1- 1 \ 1~,0 t.s 2 \ ~ LOT 2- BLOCK 1 / -6 8 y. PTE \\ ALPINE ACRES SUBDIVISON / -- ALPINE ACRES CONDOMINIUM 0%131 .â€¢ 4<\& ~ DJ WoE o C<. 1%11Â· r 1.1.1 - 0- 1. BASS OF BEAR#NGS FOR THIS SURVEY E A BEARING OF S66'09'00-W BEIWEEN THE SOUTHEAST CORNER 7..30Â¢ . 1 1 WN* 2 Ir OF .OT 1. A REBAR AND 1-1/C Ya.LOW PLASnC CAP MARKED PROP CORNER HCE L919598 AND THE 0% TO 20% SOUTHWEST CORNER OF LOT 1, A REBAR AND 1-1/4~ YaloW PLASTIC CAP ILLEGIBLE AS SHOWN HEREON. (5.179* SQ.FT.) I .. 1 DAL OF SURVEY: NovEMBER 17 & 14 2014. 794149 - .-565' 5,41 .... â‚¬ - w .~ 01 0. â€¢ ' A-- 1 LINEAR UNITS USED TO PERFORM THIS SURVEY WERE U.S. SURVEY FEET. D w Ki w 20% TO 30% / W 3 i g o 1 4. INIS SURVEY IS BASED ON THE CONDOMINIUM MAP OF ALPINE ACRES CONDOMINIUMS NO. 1, RECORDED IN SOUTHERLY PARCEL - 4\ E~0'7 / 1 / CON]JOMINWUMS NO. 1. RECORDO IN PLAT BOOK 67 AT PAGE 17, ALPINE ACRES SUBDIVISION RECORDED IN ~LA, BOOK 6 AT PAGE 11. THE FIRST AMENDED CONDOWINUM MAP OF UNIT TWO OF ALPINE ACRES , = 8 i T OMINIUMS RECEPTION NO. 550853 ./1 / ,-0# mTNESS -ER JACOBI - PLA BOOK 3 AT PAGE & anE ITE RECORDED AS RECEPMON NO. 550853, CITY OF ASPEN GPS a: 3Â§. 6,548+SQ.FT. 1 %=252. CONDOMIN~NIS CONIROL MONUMENTAMON 2009 MAP AND CORNERS FOUND IN PLACE AS SHOWN. ; m Â® THAN 30% E / .4 - ~~)~~( ~ OR .1 PLACE AND EXCEPTIONS TO TrTLE SHOWN IN THE 11TLE CCÂ»AMIâ„¢ENTS PREPARED BY LIFID TITLE ~ !2 ~ (81 i SQ.FT.) .'#t 99 010 -- , , 24% \ ' ILA,0(ED B HCE ll@8 5. THIS PROPERTY IS SUBJECT TO RESERVAIONS, RESTRICeNS, COVENANTS AND EASEMENTS OF RECORD z cME E \ 19 SLOPES WITHIN UNIT 2 7 O 0 : r GUARANTEE COMPANY, DATED: OCTOBER 24 2014 (ORDER NUMBER BAR62006310) AND DIE): AUGUST ' = GARAGE \ ALPINE ACRES CONDOMINIUM J x- M~ 4 - 4 1 A-j...Â· Â· Â· 6. ~~ ~Ef1TY IS SuaJECT TO RIGHT OF PROPRIETOR oF A VIN OR LODE TO EXTRACT AND REMOVE HIS 25, 2014 (ORDER NUMBER 062006202-4). 80( 0. PAGE 11% * i ~~___FOUND BAR & 1-1/4. RED 0 m m 4 S17Â°52'(3 'W OM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT DIE PREMISES AS RESERVED ~ ' M 1621&~tinn~TiViaBlE \ 13761 -\ 01/"I",~~-/ INA (ITED STATES PATENT RECORDED AUGUST 29.1958 IN BOOK 185 AT PAGE 69. 7 e 0% TO 20% 00,014* SQ.FT.) 22.65' \ ...~02Â£1 THE NORTHERLY AND SOUTHERLY PARCELS SHOVN HEREON ARE SUBJECT TO EASEMEN-S RIGHTS OF WAA - --k._L_â€ž.-1-1,--- ALPINE ACRES SUBDIVISION x PLA BOOK 3 AT PAGE 2 AS RECEPTION NO. 118173. t A L_ 2-1 LOT 1 - BLOCK 1 AND ALL MATTERS AS DISCLOSED IN PLAT OF ALFINE ACRES SUBDIVISION RECORDED JULY 6,1964 IN ~ ~ -SILVER x 20% TO 30% r I / aTY (E ASPEN IN INSâ„¢UMENT RECORDED DECEMBER 21. 1976 IN BOOK 321 AT PAGE 761 IS 910Y,I ~ 18,635*SQ.FT. k.*SS CORNER / & .AER,:S, CONDInONS, PROVISONS AND OBUGATIONS OF EASEMENT AND RIGHT OF WAY GRANTED TO THE 1 (7713= SQ-FT.) *7 ..... A SET Raa ' 1-4/4' KING DRIVE L - Â·~[L HEREIN. ORANGE PLASh' SLOPES GREATER l //67 4%~ SrrEE BENCHMARK ~ ~Â«26 -* .. >0~ S48'50'17"E 60' R.O.W. i MARKED . ICE LS'[9598 (BOOK 3, PAGE 2) r. (381* SO.FT.) 0/ PLASIC CAP PLASTIC CAP LS UEIBLE LS</ ACRES SUBDIVISON INTO THE arf OF ATEN. FOUND REBA & ~ ~ THIS !'ROPERTY IS SUBECT TO ALL MATTERS AS SET FORTH IN ANNE)(AnON OF REAL PROPERTY INTO ~ THAN 30% 1-1/4' ~ULOW , rul REBAR & 1-1/4' RED 16.66 / THE =ITY OF ASPEN IN INSTRUMENT RECORDED FEBRUARY 9 1977 IN BOOK 324 AT PAGE 657 AND ~ I M I FBRUARY 9 lan IN PLAT BOOK 5 AT PAM 64 ANNOAnoN OF ALPINE~ ~ LS ILIERBIE ~ #660 x X \ .\,/' , 9 \< \ /10. THIS PROPERIY IS SUBJECT TO TERMS CONDITIONS, PROVISIONS AND OBUGATONS AS SET FORTH IN ~ DEVAION:7941.32 A:3[I= ,48~40'A- - - ./F lill PARK CIRCLE ~ PECIARKDON RECORDED APRIL 28,1977 IN BOOK 327 AT PAGE 887. AFFECTS ALL OF ALPINE ACRES < LEGEND 41 BY H ECTE},g~ of 0.8443*,4- 8001(~~~: 11 -1 CONDOMINIUMS ~|tâ€¢-'SUB IMION. Il~ ONE HOUSE UNE ~ . 4 JA ~lur k BOOK 8. PAGE 11 11. MIS PROPER1Y IS SUBJECT TO IERML COND]nONS PROVISONS, OBUGATONS AS SET FORTH IN ARTICLEE j a SET NO. 5 REBAR & 1-1/4~ BLOW ~ JAIRKED PROP CORNER / < /OF I},CORPORI9ON OF At.PINE ACRES SUBDIMSION PROPERTY OV,IERS ASSOCIATION RECORDED MAY 19, HCE LE19598 1 ~ 1977 IN BOOK 328 AT PAGE 991. PLASTIC CAP MARKED PROP CORNER - OF ASPEN BROWNELL \ L A 1/* r 12. LOT .. BLOCK 1 ALPINE ACRES SUBDIVISION IS SUBECT TO TERMS CONDITIONS, PROVISIONS AND ICE CAP LE NO. 19598 GPS NO. 4 / ,-OBU;AnONS AS SET FORTH IN THE BY-LAYS OF ALPINE ACRES CONDOMINIUMS 1 RECORDED AUGUST 2, UNLESS OTHERWISE NOTED FOUND /-1/4. CONDOMINIUMS 7 P TOTAL PROPERTY AREA l~/- 1977 IN BOOK 332 AT PAGE 7,3. AllfWINUM dAP CATV PEDESTAL ElEVAni 792/42 PARK AVENUE 30,786 + SQ.FT. 11 Jier I BLOCK 1 ALPINE ACRES SUBDIVISION TERMS, CONDITIONS, PROVISIONS AND OBUGATIONS OF 8&1 Ez TELEPHONE PEDESTAL /1 TOWNHOMES |.0,0/'STABIENT OF EXEMPTION FROW THE DEANmON OF SUBDIVISON RECORDED AUGUST 1, 1977 IN BOOK 333 E %WL WATER VALVE AI+/GE 4. ARE HYDRANT WATER SPIGOT GRANT OF EASEMENT FLOOD ZONE STATEMENT / \ -25:,uy" pt. THIS PROPERTY ES SUBJECT TO TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 35 RECORDED OCRBER 01.1987 IN 80% 547 AT PAGE 196. REZONE ALPINE ACRES SUBDIVISION FROM R15 TO R6. J ms sE IRRIGATION VALVE BOX ~ TO THE aTY OF ASPEN MARKED PROP CORNER DRY WS.L ~20&,DROU~Ult& THIS PROPERTY LES IMTH ZONE X AREAS DETERMINED TO BE OUTSIDE oF THE / HCE LS 9598 IMPROVEMENT SURVEY STATEMENT ~ LOT 1. SLOCK 1 ALPINE ACRES SUBDIVISON IS SUBJECT TO â„¢OSE PROVISIONS, COVENANTS AND .<. BON30 2(n.21 / Cobi:nONS, EASEMENTS AND RESâ„¢ICIONS, WHICH ARE A BURDEN TO RE CONDOMINIUM UNIT DESCR~BI ~ ~ ~1 ~ ~ 500-YEAR FLOOD PLAIN. ACCORDING TO FEMA FLOOD INSURANCE RATE MAP / ~ ~~~~ ~N~ ~a~TR~ :uPROVEMENT SURVEY WAS PREPARED BY HIGH COUNTRY ENGINEERING, COMIUNITY PANEL NO. 08097C0204 C, HAVING AN EFFECTIVE DATE OF FECTRIC MANHOLE JUNE 4,1987, ~~~ ~~;~'~'~~f'& ~!~j~~G=?DR=10&]=1:68~Af AK sg2 A~..</ Â§ %58 aECTRICAL METER . 1 FURTHER STATE THAT THE IMPROVEMENTS oN THE Aao,E DESCRIBED PARCEL ON THIS DAE, 9 Z ELECTRIC PEDESTAL \% NOVEMBER 18, 2014. EXCEPT UTILITY CONNECTIONS, ARE ENnRELY WITHIN THE BOUNDARIES OF THE /IB. LO-1 , BLOCK 1 ALPINE ACRES SUBDIVISON IS SUB.ECT TO EASEMENTS, CONDInONS, COVENANTS. ~ GAS METER CLERK AND RECORDER'S CERTIFICATE PARCEL EXCEPT AS SHOWN, THAT THERE ARE NO ENCROACHMENE UPON THE DESCRIBED REIFICTIONS, RESERVAnONS AND NOTES ON THE PLAT Of ALPINE ACRES CONDOMINIUMS 11 RECORDED / 1/~ PREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES, EXCEPT AS INDICAIED, AND THAT Â® SANITARY MANHOLE IHERE IS NO APPARENT EMDENCE oR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART V--/4 AUG.ST 02.1977 IN BOOK 6 AT PAGE 11 AND FlREST AMENDED PLAT OF UNIT TWO oF ALPINE ACRES / THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF \19 1 CONI'OMINIUMS 01 RECORDED SEP1EMBER 15, 2003 IN PLAT BOOK 67 AT PAGE 17. EASEMENTS AND FENCE UNE PITKIN COUNTY AT _ O'CLOCK-M., ON THE _ DAY OF 73 OF SAID PARCEL. EXCEPT AS NOTED. UNER ERROR OF CLOSURE IS LESS THAN 1:15,000. ~ SETEACKS ARE SHOVN HEREON. - A.D. 20_ AND IS DULY RECORDED IN BOOK - PAGE . RECEPTION ~9 0, GRAPHIC SCALE NO . \3 - 17 BLOCK 1 ALPINE ACES SUBDIVISON TO UMITED AND GENERAL COMMON EEMDITS AS DEFIN~ ON J ~~~,~~b,DOWINIUM MAP OF ALPINE ACRES CONDOMINIUMS NO. 1 RECORDED IN PLAT BOOK 6 AT PAGE 11 \ AND â„¢E ARST NIENDED CONDOMINUM MAP OF UNIT TWO OF ALPINE ACRES CONDOMINIUMS NO. 1 RECROED IN PLAT BOOK 67 AT PAGE 17 PROJECT NO. 1CPRELIMINARY)) 18. ELE'AT1ONS SHOWN HEREON ARE BASED ON NORTH AMERICAN VIERTICAL DATUM OF 1988 (NA&O 88) 2141774.00 CLERK AND RECORDER FRANK W. HARRINGTON, LS. NO. 19598 C m FE,cr ) 69 03 1\ ( 02Â·03Â·15 ~ 6 1 REFEÂ·IENCED FROM NATIONAL GEODETIC SURMY (NGS) BENCHMARK STAnoN Q 159 HAVING A PUBUSHED linch = 10 ft RYÂ· \ / r--01'r OF Agâ‚¬N j ELEVATION OF- 7911.98 6548 . ' '=" Z..11.5 4EVIE4 19. CONiOUR INIERVAL EQUALS 1 FOOT. NOmCE; ACCO... TO Ct]LOnâ€¢,DO L.A...W. CO/ENCE Alry.Ell 10F1 ACmoN BASED UPON ANY DEFET I DOS 5URVEr..1. TH//Rs AFTER YOU FWWT DISCO,IER SUCH DEFECT. I NO EVENT 'AY ANY ..0. ... UPON .. .... . .. ..R. .. ...... ... mw, IN YEARS FR=// DA. OF CE.........HEREON. 1VAV0X3 OaÂ¥80103-A.LNn ' 11.0 9992 6)3NOHd b &66 khk:olo KI k SAU'VLL CEMO3HD ONI 'SNIEE N3dSV- N)AV 85 066 9 086 =/ *3AkinS 01 O#080@49(x,90 EXHIBIT FINAL PLATGASON & MATCHLESS SUBDIVISION 'i 7 A REPLAT OF ALPINE ACRES CONDOMINIUMS NO. 1 RECORDED IN PLAT BOOK 6 AT PAGE 11, THE FIRST AMENDED CONDOMINIUM MAP OF L ** ME S UNIT TWO OF ALPINE ACRES CONDOMINIUMS NO. 1 RECORDED IN PLAT BOOK 67 AT PAGE 17 AND A PORTION OF SILVER KING DRIVE (REC. u * a#*J. NO. 550853) SHOWN ON BLOCK 1 OF ALPINE ACRES SUBDIVISION RECORDED IN PLAT BOOK 3 AT PAGE 2, 6 SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M. CITY OF ASPEN, COUNTY OF P[TKIN, STATE OF COLORADO ' 04#f :##Me#*razzi-~10217 VT.,1, ... . 138\ 1. 1-J- ~'~~~,4,<t~~~:~ it'.2*if,12-(4;3>f-'T-;~,-~-~1 ~ V-~ j,~i f..V,'N' 72.,4 I .:=41'...711:71 =>2.4,4-1,0 4121: 7:,~342.=*;'/~R::fLL-+ Pitr~,Tic I 4.'t:-3~3.,-5~:,~-:~:,:MI~ 2.L.'. <47_[*d.t."M 1 .t: -=.~Â«~. -,fi- ,ob..rt---*b~-z~.. , fU 1. PURPOSE: ????7? , i Â· /-., 4 X 19444:.32Â·14 :2%=02.Â·-Â·. -- --7 '.,a. 2 7,7., /,11, , 1 1,1 7:ay,Â« i' t....t .-5-'1-Ar-?. pikA /9:~/~~2-,~-71, ,~ey.or,~4~..,%dÂ·&99~N<Â·53Â£Â·3 9-emeAR ~,YEr21* ir-~01Â·40:,29.997*!R@*.1: CERTIFICATE OF OWNERSHIP AND DEDICATION PLAT NOTES: CITY ENGINEER 0.2212O1UL 2 64 1 Pr . 9--t t=Â«1'~.1,11/37 0: KNOW ALL MEN BY THESE PREENIE: /F\. 1. BASS OF BEARINGS FOR THIS FlNAL PLAT IS A BEARING OF /6-09'007 BETWEEN THE SOUTHEAST THIS FINAL PLAT OF GIBSON & MATCHI FES 91 IRDIVIRION HAS BEEN REVIEWED ././,W8.Y THE CITY 1. 1 13\ THAT THE UNDERSIGNED ARE THE OWNERS OF THAT REAL PROPERTY STUATED IN THE COUNTr OF PrrION, STAIE OF CORNER OF LOT 1, A REBAR AND 1-1/4~ YEBLOW PLASTIC CAP MARKED PROP CORNER HCE 1519598 AND OF ASPEN ENGINEER. COLORADO DESCRIBED AS FOLLOWS: THE SOUIHWEST CORNER OF LOT 1, A REBAR AND 1-1/â€¢r YaLOW PLASTIC CAP ILLEGIBLE AS SHOWN ai/15 41 HEREON. CONDOMINIUM UNIT 1, ALPINE ACRES CONDOUNIUMS NO. 1, ACCORDING TO THE CONDOMINIUM MAP RECORDED AUGUST 2. VICINITY MAP Immt 91/ IHIS- DAY OF 2015. 1977 IN PLAT 6 AT PAGE 11 AND AS DEFINED AND DESCRIBED IN IHE CONDOMINIUM DECLARAnON RECORDED AUGUST 2, 2. DATE OF SURMY: NOVEMBER 17 & 18. 2014. 1977 IN BOOK 332 AT PAGE 722. SCALE: 1~ - 2000 AND 1 UNEAR UNITS USED TO PERFORM THIS SURVEY WERE U.S. mIRVEY FEET. RYÂ· CONDOMINIUM UNIT 2. ALPINE ACRES CONDOMINIUMS NO. 1. ACCORDING TO THE CONDOMINIUM MAP RECORDED AUGUST 2. CITY ENGINEER 1977 IN PLAT BOOK 6 AT PAGE 11 AND ACCORDING TO THE FlRST AMENDED CONDOMINIUM MAP OF UNIT TWO OF ALPINE 4. THIS FlNAt- PLAT IS BASED ON THE CONDOMINIUW MAP OF ALPINE ACRES CONDOMINIUMS NO. 1, RECORDED / IN PLAT BOOK 6 AT PAGE 11, THE FRST MENDED CONDOINIUM MAP OF UNIT TWO OF ALPINE ACRES ACRES CONDOMINIUMS #1 RECORDED SEPTBIBER 15. 2003 IN PLAT BOOK 67 AT PAGE 17 AND AS DEFINED AND , / CONDOMINIUMS NO. 1. RECORDED IN PLAT BOOK 67 AT PAGE 17, ALPINE ACRES SUBDiVISION RECORDED IN DESCRIBED IN 1Â·HE CONDOMINIUM DECLARATION RECORDED AUGUST 2. 1977 IN BOOK 332 AT PAGE 722. FLAT BOOK 3 AT PAGE 2, QUITE n,LE RECORDED AS RECEPTION NO. 550853. CITY OF ASPEN GPS AND CONTROL MONUMENTATION 2009 6,â€¢P AND CORNERS FOUND IN PLACE AS SloWN. NORTHR y PARCFI RFR'PTIDN NO 9~0853 A PARCEL OF LAND BE]NG A POREON OF SILVER IONG DIVE, BLOCK 1, ALPINE ACRES SUBDIMSION, CITY OF ASPEN, /1 5. 1141; PROPERTY IS SUBJECT To RESERVATIONS, RESTRICTIONX CO~ENANTS AND EASEMENTS OF RECORD COUNTY OF PITION. STATE OF COLORADO, AS SHOWN ON â„¢E PLAT THEREOF RECORDED IN PLAT RECORDED JULY 6, 1964 ~ OR IN PLACE AND EXCEPTIONS TO nTLE 910,01 IN Â·IME ITLE COMMITMENTS PREPARED BY LAND nTLE IN PLAT BOOK 3 AT PAGE 2 AS RECEPION NO. 118173 IN IHE OFFICE OF THE CLERK AND RECORDER OF Pill<IN COUNTY, GUARANIEE COMPMY, DATED: OCTOBER 24 2014 (ORDER NUMBER BAR62006310) AND DATED: AUGUST SAID DRIVE MORE COMMONLY KNO~N AS MATCHLESS DRIVE IN THE CITY OF ASPEN. SAID PARCEL BONG MORE 25, 2014 (ORDER NUMBER Q62006202-4). PARTICULARLY DESCEOBED AS FOLLOVI BEGINNING AT THE WESTERLY MOST CORNER OF LOT 3 OF SAID ALPINE ACRES SUBDIVISION, A NO. 5 REBAR FOUND IN . V IMIS PROPERTY IS SUB.ECT TO RIGHT OF PROPRIETOR OF A VE]N OR LODE TO EXTRACT AND REMOVE HIS 7 PLACE; THENCE S.48'50'17Â£ ALONG THE SOUTHWESTERLY UNE OF LOT 3 A DISTANCE OF 63.02 FEET; THENCE V ORE THEREFROM gloULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED S.65Â·55'41-W. A DISTANCE OF 66.07 FEET TO THE NORTHEASTERLY UNE OF LOT 1 OF SAID ALPiNE ACRES SUBDIMSION: IN UNITED STATES PATENT RECORDED AUGUST 29,1958 IN BOOK 185 AT PAGE 69. 7./IHE NORTHERLY AND SOUTHERLY PARCELS SHOWN HEREON ARE SUB.ECT TO EASEMENTS, RIGHTS OF WAY COMMUNITY DEVELOPMENT DIRECTON APPROVA~ - Â· RENCE N.48Â·50'17,Â£ A DISTANCE OF 123.75 FEET TO A NO. 5 REBAR; PENCE &8259'52~E A DISTANCE OF 210Â§~ TITLE CERTIFICATE FEET TO THE PaNT OF BEGINNING. N E80 ~ AND ~ AND ALL MATTIERS AS DISCLOSED IN PLAT OF ALPINE ACRES SUBDIMSSON RECORDED .ULY 6,1964 IN PLAT BOOK 3 AT PAGE 2 AS RECEPNON NO. 118173. THE FINAL PLAT OF GIBSON & MATCHLESS SUBDrASaL HAS BEEIP*EMBIEDMIU-Q'PROVED BY THE aTY oF 2 NQ.55N51 THE UNDERSICNED A DULY AUTHORIZED REPRESENTATNE OF LAND TTLE GUARANIEE COMPANY, REGISTERED To 00 3 uit6Â¤ 6 BUSINESS IN :iTION COUNTr, COLORADO, HAS D<AMINED IHE TITLE TO ALL LANDS 91OWN UPON MIS ANAL PLAT OF ASPEN COMMUNITY DEVE10PMENT DIRECTOR THIS . DAY OF 2015 A PARCEL BE]NG A PORTION OF SILVER KING DRIVE, BLOCK 1, ALPINE ACRES SUBDIVISION, CITY OF ASPEN. COUNTY OF- a JERMS, CONDITIONS, PROMIONS AND OBUGAIONS OF EASEMENT AND IGHT OF WAY GRANTED TO RE Pin<IN, STATE OF COLORADO, AS SHOWN ON THE PLAT THEREOF RECORDED JULY 6. 1964 AT RECEPTON NO. 118173 IN ~SQN_,k.-M,AUiESi.mlaCIM2QN- AND THAT TTLE To SUCH LANDS IS VESTED IN ABG ENTERPRISES LLC, IS FREE ~-,0/':E~O~ AFEN IN INSTRUMENT RECORDED DECEMBER I, 1976 IN BOOK 321 AT PAGE 761 IS SHOWN AND CEAR 0- ALL UENS. TAXES AND ENCUMBUNCEA EXCEPT AS FOLLOWS: w *EE o PLAT BOOK 3 AT PAGE 2 IN THE OFFICES OF THE CLERK AND RECORDER OF PITKil COUNTY, SAID DRIVE MORE COMMONLY KNOWN AS MATCHLESS DIVE IN THE alY OF ASPEN, SAID PARCEL BONG MORE PARÂ·DCULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHIESTERLY UNE OF LOT 3 OF SAID ALPINE ACRES SUBDIVISION, FROM VIHJCH THE ISTERLY MOST 9. IJES PROPERTY tS SUBJECT TO ALL MATTERS AS SET FORTH IN ANNEXATION OF REAL PROPERTY INTO RY CORNER OF SAID LOT 3 BEARS N.48'50'17~W. A DISTANCE OF 63.02 FEET; THENCE &48'50'171, ALONG THE >Â· w u, m i aTf OF ASPEN IN INSTRUMENT RECORDED FEBRUARY 9, 1977 IN BOOK 324 AT PAGE 657 AND COMMUNITY DEVELOPMENT DIRECTOR SOUTHWESTERLY UNES OF LOT 3 AND LOT 2 OF SAID ALPINE ACRES SUBDIMSION A DISTANCE OF 10204 FEET TO THE (_~/'~EXATION MAP RECORDED FEBRUARY 9,1977 IN PLAT BOOK 5 AT PAGE 64, ANNEXATION OF At.PINE CENTERUNE OF AN DOSING DRAINAGE THDICE S.56'36'27Â¥V. ALONG SAID DRAINAGE A DISTANCE OF 22-65 FEET; THENCE ACRES SUBDIMSION INTO THE CITY OF ASPEN. 153Â·34'06'W. ALONG SAID DRAINAGE A DISTANCE OF 26.11 FEET; THENCE S.17'52'03~W. ALONG SAID DRAINAGE A m 12= E DISTANCE OF 13.79 FEET TO THE NORTHEASTERLY UNE oF LOT 1 OF SAID ALPINE ACRES SUBDIMSON; THENCEI * Z 10. IHIS PROPERTY IS SUBJECT TO TERMS, CONDITIONS. PROVISIONS AND OBUGATIONS AS SET FORTH IN N.48Â·50'1/W. ALONG SAID NORTHEASTERLY UNE DISTANCE OF 123.53 FEET; THENCE N.65Â·55'412 A DISTANCE OF 66.07 DATED TH19 DAY OF 201 5 DECLARATION RECORDED APRIL 26, 1977 IN BOOK 327 AT PAGE 887. AFFECTS ALL OF ALPINE ACRES FEET TO THE PaNT OF BEGINNING. ~ SUBDIVISION. , 11. THIS PROPERTY IS SUBECT TO TERMS. CONDInoNS. PROVISIONS OBUGATIONS AS SET FORTH IN ARTICLES SAID PARCEL CONTAINS 30,786 SQUARE FEET OR 0.707 ACRES MORE OR LE= 'CNFTI \ OF INCORPORAION OF ALPINE ACRES SUBDWISION PROPERTY OWNERS ASSOCIABON RECORDED WAY 19, LAND TITLE GUARANTEE COMPANY L ' 1977 IN BOOK 328 AT PAGE 991. THAT SAID OV,NERS HAVE CAUSED THE SAID REAL- PROPERTf TO BE LA]D OUT AND SURVEYED AS INAL PLAT OF GIBSON 333 E HOPIONS AVENUE #102 & WATCHLESS SUBDIMSION. A SUBDIMSION OF APART OF Pin(IN COUNTY, COLORADO. ASPEN. CO 81611 12.. LOT 1, BLOCK 1 ALPINE ACRES SUBDIMSION IS SUBET TO IERMS, CONDITIONS, PROVISIONS AND ~ OBUGAnONS AS SET FORTH IN IHE BY-LAWS OF ALPINE ACRES CONDOMINIUMS 1 RECORDED AUGUST 2, 1977 IN BOOK 332 AT PAGE 711 THAT SAID OWNERS DO HEREBY DEDICATE TO THE PUBUC UnUTIES THOSE PORPONS oF SAID REAL PROPERTY 11111!CH ARE LABBED AS UTIUTY EASEMENTS ON THE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTAiLATION AND CITYCOUNCILAPPROVAL MAINTENANCE OF UNDERGROUND UTIUUES AND DRAINAGE FACIUMES, INCLUDING BUT NOT UM[TED TO UNDERGROUND 11/LOT 1, BLOCK 1 ALPINE ACRES SUBDIVISION TERMÂ£ COND]TIONS, PROVISIONS AND OBUGAIONS OF d T f~AT=OF EXEMPTION FROM THE DEnNITON OF SUBDIVISION RECORDED AUGUST 1, 1977 IN BOOK 333 ELECTRIC UNEX GAS UNES TEEPHONE UNES: TOGETHER W[TH THE RIGHT TO TRIM INTERFERING TREES AND BRUSH; W(TH â„¢IS F,NAI PI IT OF CIASIN I AUTCHI /99 91 IRIVIEON HAS BEEN APPROVED AND â„¢E DEDICAnONS AND PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH UNES. SUCH EASEMENTS AND EASEMENTS HAVE BEEN ACCEPTED BY â„¢E CITY COUNaL OF ASPEN. IGHTS SHALL BE UnLIZED IN A REASONABLE AND PRUDENT IWINEX SAID OWNERS FURTHER DEDICATE SUCH EASEMENTS MOS PROPERTY IS SUB.ECT TO TERMS CONDITIONS AND PROVISONS OF ORDINANCE NO. 35 RECORDED AS SET FORTH IN THE PLAT NOTES AND MAPS CONTAINED HERSN. OCTOBER 01,1987 IN BOOK 547 AT PAGE 198. REZONE ALPINE ACRES SUBDIVISION FROM R15 TO RS. THIS- DAY OF 2015. IN WITNESS HEREOF SAID OWNERS HAVE CAUSED THDR NAMES TO BE HEREUNTO SUBSCRIBED THIS - DAY OF .1 -.Delil 4 LOT 1, BLOCK 1 ALANE ACRES SUBDIVISION IS SUB,ECT TO THOSE PROVISIONS, COVENANTS AND A.D., 2015. SURVEYOR'S CERTIFICATE , / CONDITIONS, EASEMENTS AND RESTRICTION, 1,HICH ARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED 1/ IN SCHEDULE A, AS CONTAINED IN INSTRUMENT RECORDED AUGUST 02, 1977. IN BOOK 332 AT RY 1, FRANK W. I ARRINGTON, DO HEREBY STATE THAT I AM A REGISTERED LAND SURVEYOR UCENSED UNDER THE LAWS PAGE 722 AND AMENDMENT BY ARBITRATION AGREEMENT RECORDED OCTOBER 26.1992 IN BOOK 692 AT MAYOR OF THE STATI OF COLOUDO, THAT THIS PLAT IS A TRUE. CORRECT AND COMPLETE PLAT OF FINAL PtAT OF GIBSON OWNER: ABS ENIERPRISES, LLC & WATEHI FSS SUBDIVISION AS LAID OUT, PLATTED. DEDICATED AND SHOWN HEREON. THAT SUCH PLAT WAS MADE PAGE 493. FROM AN ACCURATE SURVEY Of SAID PROPERTY BY ME AND UNDER MY SUPERMSION AND CORRECILY SHOW'S THE 15. LOT 1. BLOCK 1 ALPINE ACRES SUBUVISON IS SUBJECT TO EASEMENTS, CONDITIONS, COVENANTS. ATTFSTÂ· LOCATION AND DIMENSIONS OF THE LOTS. EASDIENTS AND PRIVATE ROADS OF SAID SUBDIVISION AS THE SAME ARE / . RESIRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF- ALPINE ACRES CONDOMINIUMS #1 RECORDED CITY CLERK STAKE) UPON THE GROUND IN COMPUANCE WITH APPICABLE REGULA110NS GOVERNING THE SUBDIVISION OF LAND. / / AUGUST 02, 1977 IN BOOK 6 AT PAGE 11 AND BEST AMENDED PLAT OF UNIT TWO OF ALPINE ACRES R. CONDOMINIUMS #1 RECORDED SEPTEMBER 15, 2003 N PLAT BOOK 67 AT PAGE 17. EASEMENTS AND IN NTNESS VMEREOF I HAVE SET ILY HAND AND SEAL THIS - DAY OF AD. 2015. SETBACKS ARE SHOWN HEREON. AARON GOLDMAN. MANAGER 17Â· LOT 1, BLOCK 1 ALPINE ACRES SUBD!',190,1 TO UMITED AND GENERAL COMMON El.EMENm AS DEFINED ON ~ THE CONDOMINIUM MAP OF ALPINE ACRES CONDOMINIUMS NO. 1 RECORDED IN PLAT BOOK 6 AT PAGE 11 AND THE FIRST AMENDED CONDOMINIUM MAP OF UNIT TWO OF ALPINE ACRES CONDOMINRUMS NO. 1 STATE OF .- RECORDED IN PLAT BOOK 67 AT PAGE 17. )88 E ~e COUNTY OF - RINK W. rÂ·ARRINGTON LS. 09598 ~ 38. El,EVAnoNS SHOWN HEREON ARE BASED ON NORTH AMERICAN VERnCAL DATUM OF 1988 (NAV[) 88) ((PRELIMINAAY)1 : mil. ~ REFERENCED FROM NABONAL GEODETIC SURVEY (FICS) 8ENCHMARK STATION Q 159 HAVING A PUBUSHED THE FOREGOING DEDICATION WAS ACKNOWLEDGED BEFORE ME THIS DAY OF A.D.. 1 \ S#*1Â¥ f 9 ~Z -ILL* ELEVAnON OF 7911.98 2011, BY IRON GOLDMAN AS MANAGER OF ABG ENERPR!SES, LLC. w@ EOZ < 19. CONTOUR 1NTERVAL EQUALS 1 FOOT. V MY COMMISSION EXPIRES: \NEVIf4' ma ==8 00 *00 Â¥4TNESS MY HAND AND SEAL. * O CLERK & RECORDER'S CERTIFICATE NOTARY PUBUC THIS PLAT W.5 FlLED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY AT - 0 8 O'CLOCK~..., ON THE . DAY OF A.D. 2011, AND IS DULY RECORDED IN BOOK - PAGE RE,EPTION NO PROJECT NO. PY 2141774.00 a.-ERK AND RECORDER RYÂ· 5AB-Jim'**E:=Araf DEPUTY AFm] YOU Fâ„¢5T DISCOng SUCH DEFECT. IN NO E,ENT 'Ar ANY A...11 1 OF 2 ..D - .. DOECT / les Sm'WEr ./ colall' ll' .I ll Â·,EARS FRO,1 DE .. 0. CENTIFICATION .10- MENEON. 31N30 .ONI '9 00 HDIH < 31VAVJX 00Â¥21 Nlylld NOISIA38 3.1.Va 'ON 9Ma'iÂ¥-Id=1 8 NAA'Al/ Dll 'S3Slk! a3>103HJ SGSZ-St,6 (OL (046) 3NOHd N3cjSV NOISIAIGERS S TTE.I'..3.WI''I FINALPLATGIBSON & MATCHLESS SUBDIVISION M ZE E *5~ ZO 0-1 7 IMPI tb 9 Â§ Â§859 A REPLAT OF ALPINE ACRES CONDOMINIUMS NO. 1 RECORDED IN PLAT BOOK 6 AT PAGE 11, THE FIRST AMENDED CONDOMINIUM MAP OF de M E :./.~ UNIT TWO OF ALPINE ACRES CONDOMINIUMS NO. 1 RECORDED }N PLAT BOOK 67 AT PAGE 17 AND A PORTION OF SILVER KING DRIVE (REC. 5 & 3419 0 6 w. NO. 550853) SHOWN ON BLOCK 1 OF ALPINE ACRES SUBDIVISION RECORDED IN PLAT BOOK 3 AT Â°AGE 2, 6 SECTION 7, TOWNSHIP 10 SC)UTH, RANGE 84 WEST OF THE 6TH P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO , 1 1 \ LOT 4 - BLOCK 1 / / Y,YMNSLL< ALPINE ACRES SUBDIVISION ~ f U ILLE=E * / < AREACALCULATIONSWITH[N LOT 1 \ ,/AREA N NORTHERLY PARCEL = 5.321 SQ.FT.-7 C (9 4dl-1 //,--~ GROSS LOT AREA - 16,444 SQ.FT. \ SILVER \ 1 1 \ KING DRIVE ~ /~~~~4Â¥ / 636' ~ AREA IN SOUTHERLY PARCEL = 1,032 SQ.FT. l 2 9.opEs 20% TO 30<= 515* SQ.FT. | 4 (friedmir'rjeAV~'), 2.OP S GREATER THAN 30% = 436* SQ.FT. 1 <BOOK 3, PAGE 21 li l/f< 02 :844. 2 451 /// G 3S0N ROAD EASEMENT = 1589& SQ.F-6â€¢b \ I 529 L L 11\ 1. i / / AREA CALCULATIONS WITHIN LOT 2 // //-----1 GROSS LOT AREA = 14,342 SQ.Fr. - - (4342 1 1 ~ ~ AREA IN SOUTHERLY PARCEL = 5,515 SQ.FT. 1 5 -fri EA IN NORTHERLY PARCEL - 282 SQ.FT. <7 2 j~ 1.-EGEND 8 -21 1 N,JYH- 221: ---.~' ~ '.1~1-'/ 4~~slop-S GREATER n{AN 30%.= 26* SQ.FT. I' 6 leo_~ Ste,010%10-Jel-9 332* SOFT. 0 SET Na 5 REBAR & 1-1/4~ mt.OW 1!AkIED IC Hf ts,gs,5 ~3/ rÂ·IESON ROAD EASEMENT - 545* SQ.FT._| ~ E MiE ~ /% i ....S'C ./9-1 PLASTIC CAP MARKED PROP CORNER \ DEDICATED To RE 2.1-7 -V- - - LOT 3- BLOCK 1 ~ ~ ,,---------1 1 AM-,4/ HCE CAP LS. NO. 19598 Cirr oF ASPEN ALPINE ACRES SUBDIVISION *tat) r'--1 G,..~ 2- Me + N- BOOK 324, PAGE 657 -1 &82'59'5*'E 4 -O h --\ ~ UNLESS MERIE NOTED --/ CATV PEDESTAL 9 1 , 46-1- F /4 /1 1 m \< -FOUND NO. 5 REBAR * -2106.85': TELEPHONE PEDE5TAL / 10 /2 , -\ \ I l v /--111 / -- WATER VALVE . / N \\ ----.- 1 1 1 FE HYDRANT < - WATER SPIGOT . \ \ ./.F 1 11 DRY Val ~ ~ ~ RETAINI; 1 lit \\\ / IRRIGAn ON VALE BOX , \ . \ ' 1 1 LOT 1 \\\ 6 \\ RACQUETCLUB w 2: * ElECTIC MANHOLE E,ECTR1CAL METER J y / k \ ~ 19,4~43: SQ.FT. 4 \ 640. Â¢ 4>4 nEcTRIC PEDEETAL 1 /- - CONDOMINIUMS ~ B-82 8. \ \~ 1 NORTHERLÂ»*R~EE 'i \ 6 -0 GAS METER ~ \ ~ + - ~ \*1 \ ,~ECEPT[(NNO. 5~OA*'1~1~~ 1~*wfgh, / ~ ~m-Â¤ 0 SANITARY WHOLE 00 1 11//// / \\ \ \ 1>4 / 2 ~ES E 0 0 FINGE UNE 1 / . jr\\ N V. i Ld *ES g GRANT OF EASEMENT 1.- 1 / ./ LOT 2Â» BLOCK 1 1 TO THE aTi OF ASPEN 4 1'. UNDERGROUND UnUnES ,~ ~ -, 96 < - 3925-~ tÂ«ff l. 'i \:rt<NO'%, ALPINE ACRES SUBDIVISON / >- O== 0 FOR PUBUC ROAD AND <09 2 1 1 /6 3 4 0 f- MES m IZZ ~19 BOOK 321, PAGE 761 (1134* SQ.FT.) P 4651v Ihn 14 7 14*41+U * x~ \ 44 , / U . 4 .AA \ 47 \ f / 5.01 -I .- 0 .00, 1/*P~\\ \ 1 / Cf ~TNEES CORNER JACCBIE 99001 ;Wj~ ~Â©<14,@4*SQ.FT. SETREBARal-1/4- / / .~1 -44 r //.- ~ \ t ' I l soliTHe;iLÂ»j,KEL i ) Â© -Ilti CONDON'INIUMS MARKED WC HCE LS!9598 09 \ .Â·' i - -~ GARAGE \ ~ ; < j \~RECERT]Of*~50859- / f j \ 1.1 m- , L / 4 C.f REBAR & 1-1/4. iD - c PLAS. C f .EG.LE ~1Â°533> <7 <- 22.69 N , $56Â°36'27'"W SILVER x Lofi,-204'44 2 9 2 /1 91'. 1 73 167 3 !-PINE *CRES 54IBDIVISION 1 7.14 'TNEES CORNER SET REBAR I 1-1/4â€¢ KING DRIVE \ \ 46 PLAfBOOK 31PAGE|2 __ Â· :Â£3~36'OK, 7\\ .Am=In= (BOOK 3, PAGE 2) ~ ~ 5 0 Â«29,9.- 7,k,Â» 6 . < <, _ 22- / <19 f i \ S45Â°50'17"E 60' R.O.W. 14. (67'-- -a 16.66' 100'~ srr,:~:::~:* . 1 FW=175 Wilic' 4/ ~85<93< /I- ~3 34 :/344 91 izl 911 \ \ PARK CIRCLE BAM:79402 \ .900.40-"Zae'.~ l ---J //* 4./ 1 4 CONDOMINIUMS to i \J , Viz u,WO 1 n 8,; 0.-U aM,alpll 1 ..4,4410, , ' , 4 41 \ + , 5 A., / 2 < u, 2 1 1 0-Z N t. t \\ \ 4 % ' M@ isoz ELEVAnON: 79212 -- ; 4 ~ BROWN ELI- -/ /'fd{ 4 Am 4%8 i ' CONDOMIMUMS / 0 / '2 -~ / \ 4 ' 4.)(-0 -- /0~ N 3 EGO PARK AVENUE < ,U TOWNHOMES ( f k cor c/.1 Me 4 Z 41 40 , <3 0 2 J GRAPHIC SCALE ~ ~ ~ f Ak--Li~ j - 'O 0 n. & 1 a / / (IN n.) 1 PROJECT NO. l inch =10 f. 0 1 0 1* \\ L<6 0 alr OF ASPEN /(PREUMINARY)) 2141774.00 1 4 GPS NO}u 18 UL 0243-15 ~ ~ FOUND 3-1/t i ALU)Â»IUM CAP NoncE: Acco..........Al ........... ANY LEGAL ~ \ 9,50/5 %*ZI 2OF2 BASEDUPON n,YOEFECT~'ne SUR~TrBECO-DICED *UNTEN KJ *- rn= Il ..oF can....0-1 HEREON. NOISIA3kl 31.Va Â·ON 'ONI '9Nly 23 Nn O HDIH 0.>me'@431."o gge:=6 Le) 3NOHd N SEIS 45Â· Aoly Ast-U 1... ] $,LA EXHIBIT MAR 3 2015 'Ft! ATTACHMENT 2-LAND USE APPLICATION â€ž- PROJECT: Name: _91850,1 4 Mm--aties:sSOBolvis:,en Location: 4901 99-5 Gdosm f-ve_ (ta-r 1,/lip,RE/)-Â£4â‚¬53LBows,4 (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) :2 737 - 277 0- / 0- 01.)/ / /00;k APPLICANT: Name: 6 bson Fnatchle,Â© LLO Address: 192-9 Redrn,4 Â©rde NE, Allan-k, 6-A 3033+ Phone #: #090 .%1 -8-764 REPRESENTATIVE: Name: Maas l-ard Plenni 'Ate LLC Address: Ltv\D 6 - Ma }n SP. Sut k t-0-8: As pâ‚¬n , Co 9,411 Phone #: (9-*F) 996-7 9/ 9 TYPE OF APPLICATION: (please chEEk all that apply): GMQS Exemption U Conceptual PUD U Temporary Use GMQS Allotment U Final PUD (& PUD Amendment) U Text/Map Amendment Special Review 2 Subdivision El Conceptual SPA ESA - 8040 Greenline, Stream Â£ Subdivision Exemption (includes U Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane U Commercial Design Review El Lot Split D Small Lodge Conversion/ Expansion Â£ Residential Design Variance C Lot Line Adjustment El Other: U Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Twl, Violon bi bllinc on Jkr 46+ aa_ curreÂ» 14 Ghte d 4%74*-Qf. Tkere styu &/urtr (were_ tnovd 1-5 4-)le. p~epelÂ¢-p jn tq60 ' 9%,6. PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) 1 lardnla.k-der}.9),41,01 SulgAL vile-lite,orn,4.2* Aln A-42- *nult Cok lu,16 mprelucilnet- /WareAk Have you attached the following? FEES DUE: 5 2,067 E Pre-Application Conference Summary E Attachment #1, Signed Fee Agreement Â® Response to Attachment #3, Dimensional Requirements Form Â® Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards U 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate ifyou must submit a 3-D model. ummm ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: N flge Acref jubal-qUA Applicant: A bson 41 0)6 kil U.0 Location: 9%0/990 Gloson Ave-j Aspen Zone District: 0-'6 Lot Size: 30,796:96 Lot krea.. /4, sol (a-24'7 6044/vic/M -350940+0 04 %0004 (LOt ~) (fo'r the purposes of calculating Floor Area, Lot Area may De reduced for areas 62â‚¬ 0Â©Us,-Ty within the high water mark, easements, and steep slopes. Please refer to the POK?0564 definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: N/A Proposed: A,J/A Number of residential units: Existing:_ 2- Proposed: - 143 C#A-*168 Number of bedrooms: Existing: 22*_Proposed:_ /00 (0917055 Proposed % of demolition (Historic properties only): N /#4 DIMENSIONS: 1.,Dup\ex 21*(9 per Proposed: 3>394 PER- to-r Guriei~~1 40 Floor Area: Existing.Â·<;;7*6~.UNowable: Unit Principal bldg. height: Existing: 4 RS ' Allowable: 25 ' Proposed: A)/4 OldÂ«\Â¥10 >-299404 Access. bldg. height: Existing: < 35' Allowable: 25 ' Proposed: Al/,9 On-Site parking: Existing: 3SPAGGRequired: 1-161*Es Proposed: A)/1 % Site coverage: Existing: 78Â© Required: 9556 Proposed: Al) A % Open Space: Existing: P/k Required.- kA-_Proposed: ,*41 Front Setback: Existing: 15 Required: 10' Proposed: p.1/4 r- } Rear Setback. Existing: CD Required: /O ' Proposed: *4 Combined FIR: Existing: Nht Required: N /4 Proposed: *),~ Side Setback:~ Existing:_>/5' Required: /0 proposed: 15'0 6*1,5' a 6Â·r a Side Setback: SExisting: 7/5' Required: 15' Proposed: Selorl,>/5' dtor) Combined Sides: Existing: >SO' Required: 5-Of Proposed: -TED Distance Between Existing A~-A Requ\red: N 14 Proposed: 10 Buildings Existing non-conformities or encroachments: 271â‚¬ SE-761â‚¬K 47- (krr~72Â» PECK Variations requestedÂ·. ANy Â£EQuiteD VAR,#070,36 -72> 86: SO%*17(ty& Su*Et?UG)720 REWES:rei> As fhEr oF H-PC AffliCâ‚¬ADAS. 961â‚¬Loh4O3-r AGâ‚¬EEMâ‚¬Ir -D AODRESS 'EX)97746 37Â£UCTD.â‚¬â‚¬ 20.*liVE 76 tkaho52[> tar Lt,uâ‚¬ A-5 VELL AS REIsettma6 9â‚¬TBACKS. M.9 ' 01 : Â·1Â·Â·i .3..a-x m : - Â·a Â·: 4{6 - :m:17:: -419'i*41Â©85 - 4- I R.2*4 f A.i ::1 f f, 'M~. 71 l ~. 14. * -.i *f/f i t :fi-i:;. 7 ' .6.~~5*< <2 , ff -:~ #01 - - -* :ffr, ~~ *04*â‚¬#Râ‚¬04Â¥@0.Â¢IWi%NT. DE:134,~~.,~E~~*'.,29:~~ Iti~Â·~42*6 ~-,--2 -4.7~Z.~2 :Lk't~ 2 Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association i Compliance Form (this form) certifying the scope of work included in the land use application complies 1 with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. L Name: GIBSON MATCHLESS, LLC Property Owner Cr): Email: aaron@perennialproperties. net Phone No.: 404-881-0759 Address of 980 Gibson Avenue, Aspen, PiN<in County, Colorado Property: (subject of application) I certify as follows: (pick one) Ed This property is not subject to a homeowners association or other form of private covenant. El This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners associatjon or covenant beneficiary. X This property is subjectto a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. Covenants recorded at DB 332, page 722, Pitkin County, Colorado records provide for the "Alpine Acres Condominium #1 Condominium Association", and - all members of such Association have consented to this application. ] understand this policy and 1 understand the City of Aspen does not interpret, enforce, or manage the j applicability, meaning or effect of private covenants or homeowner association rules or bylaws. 1 understand that this document is a public document. Owner signature: date: Owner printed name: Aaron B. Goldman, Manager or, Attorney signature: date: 0/r 10' 1 S Attorney printed name: George F. Maynard, Ga. Bar No. 479610 *29*44%**fÂ¢99?{41~t~~O~Â·~~~~~~~t@***iâ‚¬(1 1. 1400&1MUNIÂ¥*DEVIELOPMENT:DEPAEÂ¥MENT. <61 .- Â·wÂ·St:Â·Â·Â·t,ak:iÂ·9;Â·6:Â·t:AL'Â·-Â·Â·AL...1.Umb.:...%3Â·16'Irf i Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association I Compliance Form (this form) certifying the scope of work included in the land use application complies . with all applicable covenants and homeowner association policies. The certification must be signed bv the property owner or Attorney representing the property owner. r Name: GIBSON MATCHLESS, LLC | Property Owner ("ID: Email: aaron@perennialproperties. net Phone No.: 404-881-0759 Address of 980 Gibson Avenue, Aspen, Pitkin County, Colorado Property: (subject of application) 1 certify as follows: (pick one) U This property is not subject to a homeowners association or other form of private covenant. x This property is subjectto a homeowners association or private covenant and the improvements - proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. Covenants recorded at DB 327, page 887, Pitkin County, Colorado records provide for the "Alpine Acres Subdivision Property Owners Association", which entity does not exist. U This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. 1 understand that this document is a public document. Owner signature: date: Owner printed name: Aaron B. Goldman, Manager o r, Attorney signature: date: 01, 10, /5 -Â»21-4 Attorney printed name: George F. Maynard, Ga. Bar No. 479610 4%*Â»*43**figttif~Wil~*Ofit#i-]jfojigij~~*94*41Â·*~ i 8OOK 547 PAGE196 2 11" -9 I. ORDINANCE NO. 35. 0 44 ow m2 29II53P ~- (Series of 1987) =- 20 00 AN ORDINANCE REZONING THE ALPINE ACRES SUBDIU~ION~ CITY COF 5\ ASPEN, PITKIN COUNTY, COLORADO FROM R-15 (RESIDMkTIAL) TO R-6 (RESIDENTIAL) AND PLACING A PLANNED UNIT DEVELOPMENT (PUD) OVERLAY ON ALPINE ACRES LOTS 4 AND 5 WHEREAS , an application and petition have been submitted by Joseph Dunn, Charles Bishop and other owners of the Alpine Acres Subdivision to rezone to R-6 (Residential) Alpine Acres and to place a Planned Unit Development Overlay on Alpine Acres Lots 4, subsequently resubdivided Lots 4A & 4B, and Lot 5; and WHEREAS, the subdivision is presently zoned R-15 (Residen- tial); and WHEREAS, all of the owners of Alpine Acres Subdivision have agreed to request a voluntarily imposed maximum floor area (FAR) of 2,486 square feet per dwelling unit; and WHEREAS, as part of the rezoning request, Joseph Dunn and Charles Bishop have submitted a subdivision exception request for the purpose of creating two lots; and WHEREAS, at a duly noticed public hearing held on July 21, 1987, the Aspen Planning and Zoning Commission did recommend that the subdivision exception and rezoning be approved; and WHEREAS, the application has been found to be generally consistent with Section 24-12.5 Of the Land Use Code which establishes criteria for rezoning; and WHEREAS, the City Council has found that due to the existing narrow lots and large front yard setbacks of Lots 4 and 5 a Planning Unit Development Overlay is appropriate so to allow for the creation of new lots not meeting the minimum lot width BOOK 547 PAGE197 requirement and to maintain the existing character of the front yard setbacks; and WHEREAS , the Aspen City Council has considered the recommen- dation of the Planning and Zoning Commission and has determined the proposed rezoning to be compatible with surrounding zone districts and land use in the vicinity of the site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That it does hereby rezone to R-6 the Alpine Acres Subdivi- sion and place on Lots 4 and 5 of Alpine Acres a Planned Unit Development (PUD) overlay subject to the following conditions voluntarily imposed by the subdivision property owners: A. Each dwelling unit in Alpine Acres shall be restricted to a maximum countable floor area of 2,486 square feet. B. Front yard setbacks of Lots 4 and 5, and subsequently resubdivided Lots 4A and 4 B, shall be a minimum of_ 25 - I feet; and C. The minimum lot width of.newly_created_Lat@ 4A and 48 shall be approximately (11-feet and 39 fed-~ respect- ively. - Section 2 That the Zoning District Map be amended to reflect the rezoning described in Section 1 and the City Engineer be author- ized and directed to amend the map to reflect the zoning change. Section 3 That the City Clerk is directed upon adoption of this ordinance to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. 8OOH 547 PAGEigN Section 4 If any section, sub-section, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 5 A public hearing on the Ordinance will be held on the /#K 9,0 of ...d~z:Zz~Â£Â£O , 1987 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing notice of the same was published once in a news- paper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen on the /5 94~/ of ~t<Â£3.ta--,F~ 0 1987. - 9 OF..1.f,> William L. Stirling, Mayor ATTEST: 2 2 C - ,&-2 4 AL Kathryn,-40 &Koch, City Clerk r. ..t Uy Nu -4 )RAA.Â£LY adopted, passed and approved this /9 day o:f~~84Â£dl 1/~ 1987. William L. Stirling, Ma*or @ rJDNEST*,_'.... Â·CM 1 ' 5 Rh,=cry}W* Â· *och, City Clerk gh. 49 v i Â· i ./ f Col jAX 56 "'0 2= .. 00{5--locs-.ASLAA -mm,-, MAK S L '7 I 10 Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Property Gibson Matchless, LLC Phone No.: 404 - 89 ( -O 42- 6(3 Owner ("13: Email: a.ax-ofLE)<C)~6~,Ae~ @ /4 e . 60/7, Address of Billing 1924 Pmdmont Circle NE Property: 980/990 Gibson Avenue Address: Atlanta, GA 30324 (subject of (send bills here) application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ flat fee for $ flat fee for $ flat fee for $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 7.800 deposit for 24 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $-ili deposit for _1 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. 57 OF ~MA . Â£5 City of Aspen: y.% 09 l r Property Ow~pliPl~ /37 Chris Bendon Gibson Matchless LLC Community Development Director By: Aaron Goldman City Use: Title: /01â€¢-4-~f / Fees Due: $_8,065 Received: $ November. 2011 City of Aspen I 130 S. Galena St. I (970) 920-5090 EXHIBIT Property Owners Within 300 Feet Mailing addresses of record for all property owners located within 300 feet of the subject property will be provided under separate cover within 60 days of the first scheduled public hearing date and/or with the affidavit of public notice. -EXHIBiT 1 /2- CIVIL ENGINEERING LAND SURVEYING ~ An Emplovee-Owned Comp]an> MEMORANDUM To: Amy Simon, Historic Preservation Officer. From: Matthew Langhorst, HCE line. Revised: March 3rd, 2015 Project: 980/990 Gibson Avenue, City of Aspen, Colorado Subject: Code Section 26.480.080 Review Memo I. Introduction The purpose of this letter to is to cover the natural and manmade hazards that are or are not present at 980/990 Gibson Avenue in the City of Aspen, Colorado. The hazards that are being reviewed are flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil creep, rock falls, rock slides. mining activity, avalanche or snow slides and slopes in excess of 30% within 200 feet of the property. These areas are being reviewed due to health and safety issue for the owners of the site and the general public. II. Flooding: â€¢ The site is situated in Zone X on FEMA floodplain panel FM08097C0204C. This Zone X delineates an area outside ofthe 100 yard floodplain. No flooding hazards are present due to the floodplain location. â€¢ Hunter Creek is located to the Northwest of the site and the Roaring Fork River is located south of the site. Neither river/creek is a hydrologic hazard for the site per the FEMA mapping noted above. â€¢ The site exists outside ofthe boundary limit ofthe WRC 2001 storm water mapping area for the main storm water hazard/flooding area off of Aspen Mountain. This area will be part of the new City of Aspen Smuggler Mountain URMP updates that are not complete as ofthis date. General overview ofthe site and above properties leads the site to be outside a 100 year storm event hazard. III. Mudflow, Debris Flow, Landslides, Rock Falls, Rock Slides: â€¢ The site exists outside of the Potential Geological Hazards Areas within the WRC 2001 study for the City of Aspen. The hazard mapping included Floodplains, Alluvial Fans, Landslides, Rockfall Areas, Wet Meadows and Potential Unstable Slopes. The study area did include an Unstable Slopes boundary above 980/990 Gibson Avenue, but according to the topography within the area, that slope will slide to the North East ofthis site. â€¢ The main mountain side slopes start 1000 LF away from the site and are generally heavily vegetated with scrub brush, conifers and oak brush. Other than the Smuggler Mine site itself, 1517 BLAKE AVENUE, SUITE 101 GLENWOOD SPRINGS, CO 81601 970-945-8676 â€¢PHONE 970-945-2555 â€¢FAX WWW.HCENG.COM H dE-): 2/ these slopes appear stable and not a hazard to the site. Also, due to the nature of the terrain and structures above this site, it would be highly unlikely that a slope failure would make it to this location. It would encounter vegetation, structures and momentum slowing terrain prior , 4 to entering this site. â€¢ With a visual inspection ofthe mountain side above this site, there were no apparent rock fall or slide issues that would present a hazard to this site. Also, due to the nature ofthe terrain and structures above this site, it would be highly unlikely that a falling rock would make it to this location. It would encounter vegetation, structures and momentum slowing terrain prior to entering this site. III. Fault Ruptures: â€¢ According to the Colorado Geological Survey mapping the Aspen area is low risk for earthquakes. The last recorded earthquake in the immediate Aspen area according to the mapping was 10-5-1944. Other earthquakes within the Aspen vicinity have been recorded since that time, but none of great magnitude. No fault lines were shown on the mapping directly under the site location. IV. Avalanche or Snow Slides: â€¢ Due to the location ofthis site away from the bottom of the main mountain slope and the heavy vegetation from tree line down, there is no apparent Avalanche or Snow Slide hazards present at this site. If an avalanche or snow slide were to occur above this site it would have to pass through 1000 feet of flatter terrain, existing structures and vegetation prior to entering this site. That probability is extremely low. V. Mining Activity: â€¢ The site location sits 16001f southwest of the Smuggler Mine location. The tailings from this mine do not extend to this location within the City. There are known and unknown underground mining tunnels that crisscross the City of Aspen. These tunnels from our experience and discussions with City of Aspen geologic/historic experts are in excess of 200 feet deep. A mine tunnel collapse would show up at the surface as an unusual depression in the ground surface. No surface depressions were noted during a recent site visit. VI. Slopes in Excess of 30%: â€¢ The site itself has several small areas of slopes in excess of 30%. These slopes are small manmade berms/cut slopes located on the property. The average slope across the site is 8% to the northeast. The 8% yard slope encounters a fill slope, under 30%, that raises the grade up to the adjoining Racquet Club Condominiums. This slope is 45 feet away from the existing structures and is not a slope stability concern. â€¢ There are no slopes within 200 feet of the property in excess of 30% that are a hazard to the existing property or structures. It is our professional opinion that the home site being proposed within the Land Use/HPC packet is an adequate and hazard free. Please let me know if you have questions pertaining to this memo. Thanks, 09:42 LA,16Â·.CON ~ (4 1 39793 0: m 1 Al 2}~Fi Matthew Langhorst, P.E. High Country Engineering, Inc. 1517 BLAKE AVENUE, SUITE 101 GLENWOOD SPRINGS, CO 81601 970-945-8676 â€¢ PHONE 970-945-2555 â€¢ FAX WWW.HCENG.COM alan becker cinematogra photogra L .4/'ll M 970.948.6688 - alanbeckerphotography.com -OMMUNITY DEVELOPEMENT 130 S. GALENA STREET ASPEN, CO 81611 CITY OF ASPEN 42 130 S GALENA ST ASPEN, CO 81611 PUBLIC NOTICE RE: 980 Gibson Avenue and 990 Gibson Avenue, SUBDIVISION To whom it may concern, You are receiving this notice because you have been identified in the Pitkin County Assessor's records as owning an interest in property located within 300 feet of 980 and 990 Gibson Avenue, Aspen, Colorado. The City of Aspen Land Use Code requires notice of a public hearing to be posted, published and mailed to all property owners within 300 feet ofthe property. NOTICE IS HEREBY GIVEN that a public hearing will be held before City Council on Monday, June 1,2015, at a meeting to begin at 4:00 p.m. in the City Council chambers within City Hall, located at 130 S. Galena Street in Aspen, Colorado, to consider an application submitted by Haas Land Planning on beha] f of Gibson Matchless LLC (1924 Piedmont Circle NE. Atlanta, GA) and the Van Meter Family Living Trust (1352 Bay Street, Alameda, CA). The Applicants are requesting a Minor Subdivision approval via a Lot Split to permit the creation of one additional lot, for a total of two lots. The property is commonly known as 980 Gibson Avenue and 990 Gibson Avenue, and legally described as: Condominium Unit 1, Alpine Acres Condominiums No. 1, According to the condominium map recorded August 2, 1977 in Plat 6 at Page 11 and as defined and described in the Condominium Declaration recorded August 2,1977 in Book 332 at page 722; and Condominium Unit 2, Alpine Acres Condominiums No. 1, according to the condominium map recorded august 2,1977 in plat book 6 at page 11 and according to the first amended condominium map of unit two of Alpine Acres Condominiums #1 recorded September 15,2003 in Plat Book 67 at Page 17 and as defined and described in the Condominium Declaration recorded August 2, 1977 in Book 332 at Page 722; and Quarter: SE Section: 7 Township: 10 Range: 84 Northerly Parcel being a portion of Silver King Drive, Block 1 of Alpine Acres Subdivision recorded on Plat Book 3 Page 2 and more commonly known as Matchless Drive beginning at the westerly most corner of Lot 3 Alpine Acres Subdivision #5 rebar found in place, thence S 48Â°50'17"E along the southwesterly line of Lot 3 a distance of 63.02 FT, thence S 65Â°55'41"W 66.07 FT to the northeasterly line of Lot 1 of said Alpine Acres Subdivision, thence N 48Â°50'17"W 123.75 FT to a #5 rebar, thence S 82Â°59'52"E 106.85 FT to the point of beginning ; and Quarter: SE Section: 7 Township: 10 Range: 84 Southerly parcel being a portion of Silver King Drive Block 1 Alpine Acres Subdivision Plat Book 3 Page 2, more commonly known as Matchless Drive, beginning at the southwesterly line of lot 3 Alpine Acres Subdivision from which the westerly most corner of lot 3 bears N 48Â°50'17"W a distance of 63.02 FT, thence s 48Â°50'17"E along the Southwesterly lines of lots 2 & 3 Alpine Acres Subdivision 102.04 FT to the centerline ofan existing drainage, thence S 56Â°36'27"W along said drainage 22.65 FT, thence S 53Â°34'06"W along said drainage 26.11 FT, thence S 17Â°52'03"W along said drainage 13.79 FT to the northeasterly line of Lot 1 Alpine Acres Subdivision, thence N 48Â°50'17"W along said northeasterly line 123.53 FT, thence N 65Â°55'41"E 66.07 FT to the point of beginning, For further information, contact Rebecca Levy at the City ofAspen Community Development Department, 130 S. Galena St.,Aspen, CO, (970) 429-2755, becky.levy@cityofaspen.com. IMUNITY DEVELOPEMENT 130 S. GALENA STREET ASPEN, CO 81611 .ir-=â€¢45. /1 40/ 1 LESTER UNDA T 50% {4Â» PAR~ CIRCLE #TH 1 N,-0 81611 NIXIE 802 5 C 1009 8606/03/15 1 RETURN TO SENDER ~ NOT DELIVERABLE AS ADDRESSED UNA8LE TO FORWARD BC: 81611190230 *0620-05024-19-38 0 81611@1902 - 111111'llill'ill'li'+lill'i,jilitillill'llillill,ililll'lli'!114 1 PUBLIC NOTICE RE: 980 Gibson Avenue and 990 Gibson Avenue, SUBDIVISION To whom it may concern, You are receiving this notice because you have been identified in the Pitkin County Assessor's records as owning an interest in property located within 300 feet of 980 and 990 Gibson Avenue, Aspen, Colorado. The City of Aspen Land Use Code requires notice ofa public hearing to be posted, published and mailed to all property owners within 300 feet ofthe property. NOTICE IS HEREBY GIVEN that a public hearing will be held before City Council on Monday, June 1,2015, at a meeting to begin at 4:00 p.m. in the City Council chambers within City Hall, located at 130 S. Galena Street in Aspen, Colorado, to consider an application submitted by Haas Land Planning on behalf of Gibson Matchless LLC (1924 Piedmont Circle NE, Atlanta, GA) and the Van Meter Family Living Trust (i352 Bay Street, Alameda, CA). The Applicants are requesting a Minor Subdivision approval via a Lot Split to permit the creation of one additional lot, for a total of two lots. The property is commonly known as 980 Gibson Avenue and 990 Gibson Avenue, and legally described as: Condominium Unit 1, Alpine Acres Condominiums No. 1, According to the condominium map recorded August 2,1977 in Plat 6 at Page 11 and as defined and described in the Condominium Declaration recorded August 2,1977 in Book 332 at page 722; and Condominium Unit 2, Alpine Acres Condominiums No. 1, according to the condominium map recorded august 2, 1977 in plat book 6 at page 11 and according to the first amended condominium map of unit two ofAlpine Acres Condominiums #1 recorded September 15,2003 in Plat Book 67 at Page 17 and as defined and described in the Condominium Declaration recorded August 2, 1977 in Book 332 at Page 722; and Quarter: SE Section: 7 Township: 10 Range: 84 Northerly Parcel being a portion of Silver King Drive, Block 1 ofAlpine Acres Subdivision recorded on Plat Book 3 Page 2 and more commonly known as Matchless Drive beginning at the westerly most corner of Lot 3 Alpine Acres Subdivision #5 rebar found in place, thence S 48Â°50'17"E along the southwesterly line of Lot 3 a distance of 63.02 FT, thence S 65Â°55'41"W 66.07 FT to the northeasterly line of Lot 1 of said Alpine Acres Subdivision, thence N 48Â°50'17"W 123.75 FT to a #5 rebar, thence S 82Â°59'52"E 106.85 FT to the point of beginning ; and Quarter: SE Section: 7 Township: 10 Range: 84 Southerly parcel being a portion of Silver King Drive Block 1 Alpine Acres Subdivision Plat Book 3 Page 2, more commonly known as Matchless Drive, beginning at the southwesterly line of lot 3 Alpine Acres Subdivision from which the westerly most corner of lot 3 bears N 48Â°50'17"W a distance of 63.02 FT, thence s 48Â°50'17"E along the Southwesterly lines of lots 2 & 3 Alpine Acres Subdivision 102.04 FT to the centerline of an existing drainage, thence S 56Â°36'27"W along said drainage 22.65 FT, thence S 53Â°34'06"W along said drainage 26.11 FT, thence S 17Â°52'03"W along said drainage 13.79 FT to the northeasterly line ofLot 1 Alpine Acres Subdivision, thence N 48Â°50'17"W along said northeasterly line 123.53 FT, thence N 65Â°55'41"E 66.07 FT to the point of beginning, For further information, contact Rebecca Levy at the City ofAspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2755, becky.levy@cityofaspen.com. COMMUNITY DEVELOPEMENT 130 S. GALENA STREET / ASPEN, CO 81611 84,6 29 U... . KRIEBEL KATHLEEN < PO BOX 910 *12 ASPEN, CO 81612 <- 4 2.2 2 8Â·S[Â·U?2Â·.'= *.f 2 - *#f 7-1 , 0 1,- Â·Â·- i Â¢ U b E- Ni.7 5 rt Al '1 <47 7 E i, - '24 0-1 ~ ft'!4 1'6'* ENABLE TO F OR WARD *P * " 21â‚¬1.119022-0 81â‚¬110198 2 841#LF'Jum "gul'u,aub,//1/1;bnudaunhUg#ME"1*149/"a *1668-01995-20-04 PUBLIC NOTICE RE: 980 Gibson Avenue and 990 Gibson Avenue, SUBDIVISION To whom it may concern, You are receiving this notice because you have been identified in the Pitkin County Assessor's records as owning an interest in property located within 300 feet of 980 and 990 Gibson Avenue, Aspen, Colorado. The City ofAspen Land Use Code requires notice of a public hearing to be posted, published and mailed to all property owners within 300 feet ofthe property. NOTICE IS HEREBY GIVEN that a public hearing will be held before City Council on Monday, June 1,2015, at a meeting to begin at 4:00 p.m. in the City Council chambers within City Hall, located at 130 S. Galena Street in Aspen, Colorado, to consider an application submitted by LIaas Land Planning on behalf of Gibson Matchless LLC (1924 Piedmont Circle NE. Atlanta. GA) and the Van Meter Family Living Trust (1352 Bay Street, Alameda, CA). The Applicants are requesting a Minor Subdivision approval via a Lot Split to permit the creation of one additional lot, for a total of two lots. The property is commonly known as 980 Gibson Avenue and 990 Gibson Avenue, and legally described as: Condominium Unit 1, Alpine Acres Condominiums No. 1, According to the condominium map recorded August 2,1977 in Plat 6 at Page 11 and as defined and described in the Condominium Declaration recorded August 2, 1977 in Book 332 at page 722; and Condominium Unit 2, Alpine Acres Condominiums No. 1, according to the condominium map recorded august 2,1977 in plat book 6 at page 11 and according to the first amended condominium map of unit two ofAlpine Acres Condominiums #1 recorded September 15, 2003 in Plat Book 67 at Page 17 and as defined and described in the Condominium Declaration recorded August 2, 1977 in Book 332 at Page 722; and Quarter: SE Section: 7 Township: 10 Range: 84 Northerly Parcel being a portion of Silver King Drive, Block 1 ofAlpine Acres Subdivision recorded on Plat Book 3 Page 2 and more commonly known as Matchless Drive beginning at the westerly most corner of Lot 3 Alpine Acres Subdivision #5 rebar found in place, thence S 48Â°50'17"E along the southwesterly line of Lot 3 a distance of 63.02 FT, thence S 65Â°55'41"W 66.07 FT to the northeasterly line of Lot 1 of said Alpine Acres Subdivision, thence N 48Â°50'17"W 123.75 FT to a #5 rebar, thence S 82Â°59'52"E 106.85 FT to the point of beginning ; and Quarter: SE Section: 7 Township: 10 Range: 84 Southerly parcel being a portion of Silver King Drive Block 1 Alpine Acres Subdivision Plat Book 3 Page 2, more commonly known as Matchiess Drive, beginning at the southwesterly line of lot 3 Alpine Acres Subdivision from which the westerly most corner of lot 3 bears N 48Â°50'17"W a distance of 63.02 FT, thence s 48Â°50'17"E along the Southwesterly lines of lots 2 & 3 Alpine Acres Subdivision 102.04 FT to the centerline of an existing drainage, thence S 56Â°36'27"W along said drainage 22.65 FT, thence S 53Â°34'06"W along said drainage 26.11 FT, thence S 17Â°52'03"W along said drainage 13.79 FT to the northeasterly line of Lot 1 Alpine Acres Subdivision, thence N 48Â°50'17"W along said northeasterly line 123.53 FT, thence N 65Â°55'41"E 66.07 FT to the point of beginning, For further information, contact Rebecca Levy at the City ofAspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2755, becky.levy@cityofaspen.com. -7 COMMUNITY DEVELOPEMENT 130 S. GALENA STREET A ASPEN, CO 81611 J RACQUET CLUB CONDO ASSOC ~ 1000 MATCHLESS DR -9 ASPEN,CO 81611 NIXIE 802 SE i 86 05/20/i5 RETURN TO SENDER NO MAIL RECEPTACLE UNABLE TO FORWARD SC: 81611190230 *1668-05627-20-0 81611@1902 11}lil|li,1k11,1111}!il]ill|||i,i|i})%1~iiiiliiilill'11'1111,1,1 PUBLIC NOTICE RE: 980 Gibson Avenue and 990 Gibson Avenue, SUBDIVISION To whom it may concern, You are receiving this notice because you have been identified in the Pitkin County Assessor's records as owning an interest in property located within 300 feet of 980 and 990 Gibson Avenue, Aspen, Colorado. The City ofAspen Land Use Code requires notice of a public hearing to be posted, published and mailed to all property owners within 300 feet ofthe property. NOTICE IS HEREBY GIVEN that a public hearing will be held before City Council on Monday, June 1,2015, at a meeting to begin at 4:00 p.m. in the City Council chambers within City Hall, located at 130 S. Galena Street in Aspen, Colorado, to consider an application submitted by Haas Land Planning on behalf of Gibson Matchless LLC (1924 Piedmont Circle NE, Atlanta, (PO and the Van Meter Family Living Trust (1352 Bay Street, Alameda, CA). The Applicants are requesting a Minor Subdivision approval via a Lot Split to permit the creation of one additional lot, for a total of two lots. The property is commonly known as 980 Gibson Avenue and 990 Gibson Avenue, and legally described as: Condominium Unit 1, Alpine Acres Condominiums No. 1, According to the condominium map recorded August 2,1977 in Plat 6 at Page 11 and as defined and described in the Condominium Declaration recorded August 2,1977 in Book 332 at page 722; and Condominium Unit 2, Alpine Acres Condominiums No. 1, according to the condominium map recorded august 2,1977 in plat book 6 at page 11 and according to the first amended condominium map of unit two ofAlpine Acres Condominiums #1 recorded September 15,2003 in Plat Book 67 at Page 17 and as defined and described in the Condominium Declaration recorded August 2,1977 in Book 332 at Page 722; and Quarter: SE Section: 7 Township: 10 Range: 84 Northerly Parcel being a portion of Silver King Drive, Block 1 ofAlpine Acres Subdivision recorded on Plat Book 3 Page 2 and more commonly known as Matchless Drive beginning at the westerly most corner of Lot 3 Alpine Acres Subdivision #5 rebar found in place, thence S 48Â°50'17"E along the southwesterly line of Lot 3 a distance of 63.02 FT, thence S 65Â°55'41"W 66.07 FT to the northeasterly line of Lot 1 of said Alpine Acres Subdivision, thence N 48Â°50'17"W 123.75 FT to a #5 rebar, thence S 82Â°59'52"E 106.85 FT to the point of beginning ; and Quarter: SE Section: 7 Township: 10 Range: 84 Southerly parcel being a portion of Silver King Drive Block 1 Alpine Acres Subdivision Plat Book 3 Page 2, more commonly known as Matchless Drive, beginning at the southwesterly line of lot 3 Alpine Acres Subdivision from which the westerly most corner of lot 3 bears N 48Â°50'17"W a distance of 63.02 FT, thence s 48Â°50'17"E along the Southwesterly lines oflots 2&3 Alpine Acres Subdivision 102.04 FT to the centerline of an existing drainage, thence S 56Â°36'27"W along said drainage 22.65 FT, thence S 53Â°34'06"W along said drainage 26.11 FT, thence S 17Â°52'03"W along said drainage 13.79 FT to the northeasterly line ofLot 1 Alpine Acres Subdivision, thence N 48Â°50'17"W along said northeasterly line 123.53 FT, thence N 65Â°55'41"E 66.07 FT to the point of beginning, For further information, contact Rebecca Levy at the City ofAspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2755, becky.levy@cityofaspen.com. COMMUNITY DEVELOPEMENT 130 S. GALENA STREET ASPEN, CO 81611 .*1kip 2 4 NARAT APSARA 415 PARK CIR #5 4 ASPEN, CO 81611 2 2%1 ..8 1 Z - -- 02 b U 1 6 L e / 1 3 RETuRN 10 SENDER '11 0 *AIL Â¥ E C E P - A C. t 11 t. 1. S. F -TO F 'Of * A. E D 64; &, I ~ 1165 8-Â· CrS E -2. E-243- 93 9 *i "11 1.31.8 1 ..3 81611@1902 ," 3 *Ii 'i'jip' '~râ€¢~rrr~ 'qi 1-1"i-,1,*i,nq1 3, lau,13 1Â·' Il ,1,â€žIi,mÂ·,I I: M li iÂ¥NNU..... I ',r'7'* 1 7/1 Â£0 1 FOREVER ~ PUBLIC NOTICE RE: 980 Gibson Avenue and 990 Gibson Avenue, SUBDIVISION To whom it may concern, You are receiving this notice because you have been identified in the Pitkin County Assessor's records as owning an interest in property located within 300 feet of 980 and 990 Gibson Avenue, Aspen, Colorado. The City of Aspen Land Use Code requires notice of a public hearing to be posted, published and mailed to all property owners within 300 feet ofthe property. NOTICE IS HEREBY GIVEN that a public hearing will be held before City Council on Monday, June 1,2015, at a meeting to begin at 4:00 p.m. in the City Council chambers within City Hall, located at 130 S. Galena Street in Aspen, Colorado, to consider an application submitted by LIaas Land Planning on behalf of Gibson Matchless LLC (1924 Piedmont Circle NE, Atlanta, GA) and the Van Meter Family Living Trust (1352 Bay Street, Alameda, CA). The Applicants are requesting a Minor Subdivision approval via a Lot Split to permit the creation of one additional lot, for a total of two lots. The property is commonly known as 980 Gibson Avenue and 990 Gibson Avenue, and legally described as: Condominium Unit 1, Alpine Acres Condominiums No. 1, According to the condominium map recorded August 2, 1977 in Plat 6 at Page 11 and as defined and described in the Condominium Declaration recorded August 2,1977 in Book 332 at page 722; and Condominium Unit 2, Alpine Acres Condominiums No. 1, according to the condominium map recorded august 2, 1977 in plat book 6 at page 11 and according to the first amended condominium map of unit two ofAlpine Acres Condominiums #1 recorded September 15,2003 in Plat Book 67 at Page 17 and as defined and described in the Condominium Declaration recorded August 2, 1977 in Book 332 at Page 722; and Quarter: SE Section: 7 Township: 10 Range: 84 Northerly Parcel being a portion of Silver King Drive, Block 1 ofAlpine Acres Subdivision recorded on Plat Book 3 Page 2 and more commonly known as Matchless Drive beginning at the westerly most corner of Lot 3 Alpine Acres Subdivision #5 rebar found in place, thence S 48Â°50'17"E along the southwesterly line of Lot 3 a distance of 63.02 FT, thence S 65Â°55'41"W 66.07 FT to the northeasterly line of Lot 1 of said Alpine Acres Subdivision, thence N 48Â°50'17"W 123.75 FT to a #5 rebar, thence S 82Â°59'52"E 106.85 FT to the point of beginning ; and Quarter: SE Section: 7 Township: 10 Range: 84 Southerly parcel being a portion of Silver King Drive Block 1 Alpine Acres Subdivision Plat Book 3 Page 2, more commonly known as Matchless Drive, beginning at the southwesterly line of lot 3 Alpine Acres Subdivision from which the westerly most corner of lot 3 bears N 48Â°50'17"W a distance of 63.02 FT, thence s 48Â°50' 17"IE along the Southwesterly lines of lots 2&3 Alpine Acres Subdivision 102.04 FT to the centerline ofan existing drainage, thence S 56Â°36'27"W along said drainage 22.65 FT, thence S 53Â°34'06"W along said drainage 26.11 FT, thence S 17Â°52'03"W along said drainage 13.79 FT to the northeasterly line ofLot 1 Alpine Acres Subdivision, thence N 48Â°50'17"W along said northeasterly line 123.53 FT, thence N 65Â°55'41"E 66.07 FT to the point of beginning, For further information, contact Rebecca Levy at the City ofAspen Community Development Department, 130 S. Galena St.,Aspen, CO, (970) 429-2755, becky.levy@cityofaspen.com. GRAND JUNCTION CO 815 Â·/-<ZEZIL~ZE:~ZES 1 5 MAY .201,5 PM 1 1â€ž. /0--04-1lllillli,i-0 COMMUNITY DEVELOPEMENi - 130 S. GALENA STREET ...==1Â£=2 ASPEN, CO 81611 26,11/9/ MAINIAC PROPERTIES LLC 10 STARBIRD RD SCARBOROUGH, ME 04074 NIXIE 015 TE 1009 0005/23/13 1 RETURN TO SENDER I NOT DELIVERABLE AS ADDRESSED 1 UNA8LE TO FORWARD BC: 81611190230 *1979-20039-15-41 ~ 133 02920*%121 2 Iii1l1lli11i/il1llll/llllll/ll1'lilii11iil1i/1//i11llil:1'.li'l'' 1 PUBLIC NOTICE RE: 980 Gibson Avenue and 990 Gibson Avenue, SUBDIVISION To whom it may concern, You are receiving this notice because you have been identified in the Pitkin County Assessor's records as owning an interest in property located within 300 feet of 980 and 990 Gibson Avenue, Aspen, Colorado. The City ofAspen Land Use Code requires notice of a public hearing to be posted, published and mailed to all property owners within 300 feet ofthe property. NOTICE IS HEREBY GIVEN that a public hearing will be held before City Council on Monday, June 1, 2015, at a meeting to begin at 4:00 p.m. in the City Council chambers within City Hall, located at 130 S. Galena Street in Aspen, Colorado, to consider an application submitted by Haas Land Planning on behalf of Gibson Matchless LLC (1924 Piedmont Circle NE, Atlanta, GA) and the Van Meter Family Living Trust (1352 Bay Street, Alameda, CA). The Applicants are requesting a Minor Subdivision approval via a Lot Split to permit the creation of one additional lot, for a total oftwo lots. The property is commonly known as 980 Gibson Avenue and 990 Gibson Avenue, and legally described as: Condominium Unit 1, Alpine Acres Condominiums No. 1, According to the condominium map recorded August 2,1977 in Plat 6 at Page 11 and as defined and described in the Condominium Declaration recorded August 2, 1977 in Book 332 at page 722; and Condominium Unit 2, Alpine Acres Condominiums No. 1, according to the condominium map recorded august 2, 1977 in plat book 6 at page 11 and according to the first amended condominium map of unit two ofAlpine Acres Condominiums #1 recorded September 15,2003 in Plat Book 67 at Page 17 and as defined and described in the Condominium Declaration recorded August 2, 1977 in Book 332 at Page 722; and Quarter: SE Section: 7 Township: 10 Range: 84 Northerly Parcel being a portion of Silver King Drive, Block 1 ofAlpine Acres Subdivision recorded on Plat Book 3 Page 2 and more commonly known as Matchless Drive beginning at the westerly most corner o f Lot 3 Alpine Acres Subdivision #5 rebar found in place, thence S 48Â°50'17"E along the southwesterly line of Lot 3 a distance of 63.02 FT, thence S 65Â°55'41"W 66.07 FT to the northeasterly line of Lot 1 of said Alpine Acres Subdivision, thence N 48Â°50'17"W 123.75 FT to a #5 rebar, thence S 82Â°59'52"E 106.85 FT to the point of beginning ; and Ouarter: SE Section: 7 Township: 10 Range: 84 Southerly parcel being a portion of Silver King Drive Block 1 Alpine Acres Subdivision Plat Book 3 Page 2, more commonly known as Matchless Drive, beginning at the southwesterly line of lot 3 Alpine Acres Subdivision from which the westerly most corner of lot 3 bears N 48Â°50'17"W a distance of 63.02 FT, thence s 48Â°50'17"E along the Southwesterly lines of lots 2 & 3 Alpine Acres Subdivision 102.04 FT to the centerline of an existing drainage, thence S 56Â°36'27"W along said drainage 22.65 FT, thence S 53Â°34'06"W along said drainage 26.11 FT, thence S 17Â°52'03"W along said drainage 13.79 FT to the northeasterly line ofLot 1 Alpine Acres Subdivision, thence N 48Â°50'17"W along said northeasterly line 123.53 FT, thence N 65Â°55'41"E 66.07 FT to the point of beginning, For further information, contact Rebecca Levy at the City ofAspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2755, becky.levy@cityofaspen.com. COMMUNITY DEVELOPEMENT 130 S. GALENA STREET -1,41'.~,YV'll - '94 ful- ASPEN, CO 81611 ./.EE449,1 L (67 ~ -447~~ /Sp 5 --/4/jt- . 01 GIRVIN LINDA A 414 N MILL ST */*...... F fr ASPEN, CO 81611 NIXIE 802 52 1 8605/21/13 RETuRN TO SENDER VACANT UNABLE TO FORWARD EC: 81611190230 *1668-09425-21-30 81611@1902 IIl:iIII1lll!liIlii{lIi',i1I'lilll:l1i111t11t11;|i;111111~1,t1I1i i PUBLIC NOTICE RE: 980 Gibson Avenue and 990 Gibson Avenue, SUBDIVISION To whom it may concern, You are receiving this notice because you have been identified in the Pitkin County Assessor's records as owning an interest in property located within 300 feet of 980 and 990 Gibson Avenue, Aspen, Colorado. The City ofAspen Land Use Code requires notice of a public hearing to be posted, published and mailed to all property owners within 300 feet ofthe property. NOTICE IS HEREBY GIVEN that a public hearing will be held before City Council on Monday, June 1,2015, ata meeting to begin at 4:00 p.m. in the City Council chambers within City Hall, located at 130 S. Galena Street in Aspen, Colorado, to consider an application submitted by Haas Land Planning on behalf of Gibson Matchless LLC (1924 Piedmont Circle NF., Atlanta. GA) and the Van Meter Family Living Trust (1352 Bay Street, Alameda, CA). The Applicants are requesting a Minor Subdivision approval via a Lot Split to permit the creation of one additional lot, for a total of two lots. The property is commonly known as 980 Gibson Avenue and 990 Gibson Avenue, and legally described as: Condominium Unit 1, Alpine Acres Condominiums No. 1, According to the condominium map recorded August 2,1977 in Plat 6 at Page 11 and as defined and described in the Condominium Declaration recorded August 2, 1977 in Book 332 at page 722; and Condominium Unit 2, Alpine Acres Condominiums No. 1, according to the condominium map recorded august 2,1977 in plat book 6 at page 11 and according to the first amended condominium map of unit two ofAlpine Acres Condominiums #1 recorded September 15, 2003 in Plat Book 67 at Page 17 and as defined and described in the Condominium Declaration recorded August 2, 1977 in Book 332 at Page 722; and Quarter: SE Section: 7 Township: 10 Range: 84 Northerly Parcel being a portion of Silver King Drive, Block 1 ofAlpine Acres Subdivision recorded on Plat Book 3 Page 2 and more commonly known as Matchless Drive beginning at the westerly most corner of Lot 3 Alpine Acres Subdivision #5 rebar found in place, thence S 48Â°50'17"E along the southwesterly line of Lot 3 a distance of 63.02 FT, thence S 65Â°55'41"W 66.07 FT to the northeasterly line of Lot 1 of said Alpine Acres Subdivision, thence N 48Â°50'17"W 123.75 FT to a #5 rebar, thence S 82Â°59'52"E 106.85 FT to the point of beginning ; and Quarter: SE Section: 7 Township: 10 Range: 84 Southerly parcel being a portion of Silver King Drive Block 1 Alpine Acres Subdivisiun Plat Book 3 Page 2, more commonly known as Matchless Drive. beginning at the southwesterly line of lot 3 Alpine Acres Subdivision from which the westerly most corner of lot 3 bears N 48Â°50'17"W a distance of 63.02 FT, thence s 48Â°50'17"E along the Southwesterly lines of lots 2 & 3 Alpine Acres Subdivision 102.04 FT to the centerline of an existing drainage, thence S 56Â°36'27"W along said drainage 22.65 FT, thence S 53Â°34'06"W along said drainage 26.11 FT, thence S 17Â°52'03"W along said drainage 13.79 FT to the northeasterly line ofLot 1 Alpine Acres Subdivision, thence N 48Â°50'17"W along said northeasterly line 123.53 FT, thence N 65Â°55'41"E 66.07 FT to the point of beginning, For further information, contact Rebecca Levy at the City ofAspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2755, becky.levy@cio/ofaspen.com.