HomeMy WebLinkAboutcoa.lu.su.Gaylord.1976
REcor9-ed At, 3;49 ;PM
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Ju~ 28, 1976 REception no 1"'1\85112
Julie Hane
REcorder
3JOK314 rhGE 775
SUBDIVISION AGREEMENT
FOR
GAYLORD SUBDIVISION
THIS AGREEMENT, made and entered into this ~day of
JUly, 1976, by and between CHARLES GAYLORD (hereinafter
referred to as "Subdivider"), and the CITY OF ASPEN, COLORADO,
a municipal corporation (hereinafter referred to as "City").
WIT N E SSE T H:
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WHEREAS, Subdivider has submitted to the City for approval,
execution and recording a Final Subdivision Plat covering the
following described land in the City of Aspen:
A tract of land situated in the SW\ of Section I,
T10S, R85W of the 6th P.M., Pitkin County, Colorado,
being more fully described as follows:
Beginning at the Southeasterly corner of Lot 3, Block 2,
Red Butte Subdivision whence the SW corner of said Section
1 bears: S47056'38" W 1618.16 feet;
Thence N 25034' E 291.78 feet along the southeasterly
boundary line of said Red Butte subdivision to the center-
line of the Roaring Fork River;
Thence S 82003' E 203.77 feet along the centerline of
said River;
Thence S 71033' E 145.48 feet along the centerline of
said River;
Thence S 62023' E 325.75 feet along the centerline of
said River to a point on the Northwesterly boundary line
of Black Birch Estates, thence S 41057' W 346.07 feet
along the northwesterly boundary line of said Black
Birch Estates, to a point on the Northeasterly edge of
Red Butte Drive;
Thence N 67032' W 485.99 feet along the northeasterly
edge of said drive;
Thence 81.25 feet along the arc of a curve to the right
with a radius of 1183.26 feet (said arc being the north-
easterly edge of said drive) And whose chord bears N
650 33' 57" W 81. 23 feet to the point of beginning,
containing 4.774 acres, more or less.
WHEREAS, the subject property is located within an area
of the City presently zoned R-30, Residential, Mandatory
Planned Unit Development; and
WHEREAS, the City has fully considered said subdivision
plat and the requirements to be imposed upon the subject
property by reason of the subdividing thereof; and
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BOOK 314 rhGE 776
WHEREAS, the City is willing to approve, execute and accept
said subdivision plat for recording upon the agreement of
Subdivider to the matters hereinafter described, which matters
are deemed necessary to protect, promote and enhance the public
welfare; and
WHEREAS, Subdivider is willing to enter into such agree-
ment with, and to provide such assurances to, the City.
NOW, THEREFORE, in consideration of the premises, the
mutual covenants herein contained, and the approval, execution
and acceptance of the Final Subdivision Plat of Gaylord
Subdivision by the City for recording, the parties hereby
agree as follows:
1. Future Subdivision Improvements. City acknowledges
that the general area within which the Subdivision lies was
platted and partially developed prior to the adoption of the
present design requirements and does not wholly conform to
such design requirements. In lieu of requiring Subdivider
to install subdivision improvements at the time of construction
of the project, the City, as a condition to approving the sub-
division plat, hereby requires the Subdivider, for himself,
his heirs, successors, and assigns, to make certain covenants
and agreements which will provide for certain subdivision
improvements to be constructed and paid for in the future.
Therefore, Subdivider hereby covenants and agrees to and with
the City, as follows:
(a) That he will affirmatively consent to and join
in the formation of any special improvement district, en-
compassing all or any part of the Subdivision, that may
hereafter be proposed or formed for the construction of any
improvements required by the City's subdivision ordinance
as now or hereinafter in force and effect. Subdivider hereby
waives and further covenants and agrees to waive any right
of protest against the formation of any such district.
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500K314 rAGE 777
(b) That in the event that the City, at any time or
from time to time, shall construct or install any improvements
required by the City's subdivision ordinance, as now or
hereafter in force and effect, which improvements service or
improve a general area including the lands within the Sub-
division, Subdivider shall, upon demand, payor reimburse the
City for that portion of the actual cost of such improve-
ments which is properly allocable to the Subdivision, pro-
vided, however, that the City shall be entitled to such
payment or reimbursement only if such improvements are con-
structed or installed to include portions or all of Red Butte
Drive as the same abutt to the Gaylord Subdivision. Subject
to the minimum general area requirements set forth above, the
City shall have the right to construct or install such im-
provements in phases or increments, e.g., curbs and gutters
in one year and sidewalks in a subsequent year, and Subdivider
shall payor reimburse the City for each successive phase
or increment. In no event shall the Subdivider's obligation
hereunder exceed its properly allocable share of the total
cost of such improvements as determined by the customary
competition charges and rates for such construction then pre-
vailing in Aspen and its environs.
2. Dedication Payments. Subdivider and City mutually agree
that the sum of $ /$9"f.66 represents an amount equal to the
current market value of the undeveloped land required for dedi-
cation by Section 20-l8(a) (1) for Gaylord Subdivision, and that
such amount shall be paid by Subdivider to City upon recordation
of the Gaylord Subdivision Final Plat.
3. Covenants to Run. The covenants and agreements of the
Subdivider herein shall be deemed covenants that run with the land,
shall burden the land included within the Subdivision, and shall
bind and be specifically enforceable against all present and
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8JOK314 PACf. 778
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subsequent owners thereof, including Subdivider, his heirs,
successors in interest and assigns.
4. Acceptance of Plat. Upon execution of this Agreement
by all parties hereto, City agrees to approve and execute the
Final Plat of the Gaylord Subdivision and accept the same
for recording in the real property records of Pitkin County,
Colorado, upon payment of recording fees and costs by Subdivider.
THIS AGREEMENT shall be binding upon the parties hereto
and their respective successors in interest and assigns.
SUBDIVIDER:
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Charles Gaylor
, ", CITY
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BOOK314 PAGE 779
STATE OF COLORADO
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COUNTY OF PITKIN
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The foregoing was acknowledged before me this ~day
July, 1976, by Charles Gaylord.
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STATE OF COLORADO
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Witness my hand and official seal.
My commission expires:~I::..c.Q, 17, I~ to
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COUNTY OF PITKIN
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The foregoing was acknowledged before me t~.~,~~~i; da,lI:'
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of July, 1976, by Stacy Standley, III, Mayolb~:~ii~i)ili~~h'J:Y~/)ij~i:tt'ek
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Notary Public
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City Clerk of the City of Aspen.
My commission expires:
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MEMORANDUM
TO:
FROM:
RE:
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Aspen ~laRRiRS Commiggioo
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Gaylord Subdivision - PrelimimllY Plat P-liIblit' ~"~,,ir:19
Planning Staff (HC)
DATE: July rI, 1976
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l-ecRr-tt?f>T',etJ~ ;-!,val V
This is a flubl;" l,eal"iRg tG GGRsiEler tAe I3relimiRaJ::.Y plat of the
Gaylord Subdivision consisting of 4.77 acres of land located between
Red Butte and Black Birch Subdivision on Red Butte Drive. The
r"g'19st is fa!' five (5) single family lots plus a common area of
1.026 acres. The property is zoned R-30 Mandatory P.U.D. Stream
margin review upon building permit application will also be required fC-olZ LoT s-
due to the pro~imity of the-~6I3e, t} to the Roaring Fork Rive,,\-
LoT "3'11/ '20 ~pl{bh' *1JfI)"'I.Jr?~t /l>>ItU'( iOl-n-r
The Aspen Planning Commission on Al3r1l't~> 1976Yapproved the c6,,__~b,ul ~J.
-5tlbdi v ;31611 3uejg~t te I c~t::lpl:: uf JR easemeRt ferfir!=lirmir:l ~""j:::I~<: pJ.. eL P,itl)
ifla "similal 6SRelitisRS te tl,oJl!o.!Jplicd Lo Un::: Bl~el( BirCA 3ijgg;u;S;OQ". 'pe,/tI4.J
The comments of the Pl anni ng Offi ce are as follpws:
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1.
Fi sherman access has been reserved .by appropri ate TlI4:.
language in the Subdivision Improvement Agreement.mw'd 0'" /,
\&"'9 R~orl ~O ~~gitieRal state.111':'IIL te tR;[ effeet r-/~ pllJT
~R tR8 FiAal Plat.
3.
We can find no conditions of approval of Black
Birch Subdivision appropriate to Gaylord. We did
find Stream Margin Review conditons for a house in
Black Birch which would be appropriate upon Stream
Margin Review submittal.
B '1 d' . t h 1l"'t !lle f''':''d t' f' d b b '1 d'
U1 1ng S1 es R€e eel en 1 1e y U1 1ng
envelopes. 4hQ aJ?pli('~"'t ,J:1' dv L1,:,3 b) ,you}
meetiRSl time.
2.
4. The Eng~~~~~~~~;partment has r"ecommen, ded approval
of the . Plat,subject,;te,'certain technical
requirements \/RisR ',:i11 be .;.,dc',~L;'C;,\:;a il. IIICIIIVlo.l.dl:fR:l
ferm hy tR9 "FtleJdu,y llIee+ing. ,I
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The Planning Office recorrmends Plrelimin~"y Plat and/lP.U.D.l.-approval
of the Gaylord Subdivision conditoned upon the above requirements.
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MEMORANDUM
TO: Aspen City Council
FROM: Planning Staff (HC)
RE: Gaylord Subdivision - Final Plat Review
DATE: July 22, 1976
This is a request for final plat approval of the Gaylord Subdivision
consisting of 4,77 acres of land located between Red Butte and Black
Birch Subdiv~sion on Red Butte Drive. The project consists of five
single family lots plus a common area of 1.026 acres. The property
is zoned R-30 Mandatory P.U.D. Stream margin review upon building
permit application will also be required for Lot 5 due to the proximity
of the Lot to the Roaring Fork River.
The Aspen Planning Commission on July 20, 1976 at pUblic hearing approved
the preliminary plat and preliminary P.U.D. plan.
The comments of the Planning Office are as follows:
1. Fisherman access has been reserved by appropriate
language in the Subdivision Improvement Agreement
and on the final plat.
2. We can find no conditions of approval of Black
Birch Subdivision appropriate to Gaylord. We did
find Stream Margin Review conditions for a house in
Black Birch which would be appropriate upon Stream
Margin Review submittal.
3. Building sites have been identified by building
envelopes.
4. The Engineering Department has recommended approval
of the Final Plat subject to certain technical
requirements.
5. The open space cash dedication requirement of $l,894.86
has been approved by Mick Mahoney.
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CITY,. OF'~~ASPEN
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130 south galena, street
aspen, ;,((~lo.r~(to.t" 81611
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MEi10RANDUH
TO:
CLAYTON MEYRING
HICK 1-1AHONEY 'XO(Y'V
FROM:
DATE: JULY 19, 1976
RE, VALUATION OF LOTS'" THE e, SUBOIVISION
Please accept Mr. Bill Hason's appraisal (copy attached) on the
'lots in the Gaylord Subdivision. We can split a $34,000 and a
$38,000 figure and arrive at a $36,000 valuation. ! will accept
this $36,000 figure as representing the value of these lots.
PSl-1/pm
Attachment
cc: Mr. Bill
Mason
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MEMO
TO:
FROM:
DATE:
RE:
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HAL CLARK
PLANNING OFFICE
TOM JONES ~
ENGINEERING OFFICE [;I
July 15, 1976
Gaylord Subdivision, Preliminary & Final
We have several comments on this plat, all of which
have been discussed with the subdivider. He has
agreed to make the requested changes, but has not
yet resubmitted revised plans. We have requested
boundary closure calculations, building envelopes,
additional spot elevations, a 20 foot utility
easement along the west property line, and state-
ments on drainage, regrading, and landscaping plans.
If all of the above additions are made, we recommend
approval of this subdivision.
_ ,.110
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LEGAL NOTICE
.
Notice is hereby given that the C~ty of Aspen Planning and
Zoning Commission will hold a public hearing on Gaylord
Subdivision, P.D.D. - Preliminary Plan on July 6, 1976 at
5:00 P.M. in City Council Chambers, City Hall, Aspen,
Colorado.
The Preliminary Plan may be examined in the Planning Office
during regular working hours.
/sl Kathryn S. Hauter
City Clerk
Published in the Aspen Times July 1, 1976.
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June 29, 1976
DATE RECEIVED
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Aspen/Pitkin Planning Dept.
Box V
Aspen, Colorado 81611
AttIi: Hal Clark
ASSIGNED TO
DATI: Ra'lIEQ
BOUTa
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REF: Gaylord Subdivision
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Gentlemen:
Be it known to the Aspen/Pitkin Planning Department that the Gaylord Subdivision
located in Section 1, Township 10 South, Range 85 West of the Sixth Principal
Meridian is within the certificated service area of Holy Cross Electric Assoc-
iation, Inc.
Be it further known that Holy Cross Electric Association, Inc. has existing
single phase electric power available on the Western property boundary of the
Gaylord Subdivision with adequate capacity to serve the subdivision. Power
will be extended into the subdivision and service made available subject to
appropriate contractual arrangements with Holy Cross Electric Association, Inc.,
and the tariffs, rules and regulations on file with the Colorado Public utilities
Commission..
Sincerely,
HOLY CROSS ELECTRIC ASSOCIATION, INC"
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cc: Aspen/Pitkin Planning Dept. File
Gaylord Subdivision File
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DATE RECEIVED
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ASSIGNED TO
ROCKY MOUNTAIN NA TURAL GAS COMPANY, INC, DATE REPLIED
P.O. BOX 2059 . ASPEN. COLORADO 61611 . (303) 925_2323
ROUTE
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June 28, 1976
Aspen City Zoning
Box V
Aspen, Colorado 816ll
Attn: Hal Clark
Re: Gaylord Sub-division, total lots - one now served with natural
gas
To Whom It May Concern:
I see no problem in making gas available to this new proposed
sub-division, as our distribution line runs to the south of property
in the road named Red Butte Road.
The only requirement will be that the people will have to sign
up for service prior to building because of the existing moritorium
on services.
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Willard C. Clapper
District Manager
Inc.
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Mountain Bell
Aspen, Co.
6/28/76
Mr. H. Clark
Aspen Planning Comm.
130 S. Galena
Subjeot: Gaylord Sub-Div:
This is to notify your offioe that Mt. Bell will provide
service to the Gaylord Sub-Div.
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Gene S. Kr1l1
Manager
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ASPEN METROPOLITAN SANITATION DISTRICT
Box 2810 . Aspen, Colorado 81611 303/925-2537
June 25, 1976
Hal Clark
City of Aspen
Re: Gaylord Subdivision
Aspen Metro Sanitation District has a sewer line immediately adjoinning
this proposed subdivision that has sufficient capacity to handle any
flow from this property, There is also sufficient capacity in Metro
plant.
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Sincerely
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Albert Culbertson
Manager
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MEMORANDUM
TO: Aspen City Council
FROM: Planning Staff (HC)
RE: Gaylord Subdivision - Conceptual
DATE: April 21, 1976
This is a request for conceptual subdivision approval for the
Gaylord Subdivision consisting of 4.77 acres of land located
between Red Butte and Black Birch Subdivisions on Red Butte
Drive. The request is for five (5) single family lots plus a
common area of l.l8 acres. The property is zoned R-30 Mandatory
P.U.D. Stream Margin Review will also be required due to the
proximity of the property to the Roaring Fork River.
The Aspen Planning Commission on April 20, 1976, approved the
conceptual subdivision request subject to receipt of an easement
for fisherman access in the Roaring Fork.
The comments of the Planning Office are as follows:
1. The conceptual plan appears to be well conceived
in its location of building sites removed from the
Roaring Fork reparian zone.
2. The building sites are not located within the lOO year
floodplain for the Roaring Fork River.
3. The comments of the City Engineer are attached. An
updated title policy has been submitted.
4. The Planning Office recommends conceptual approval
subject to the conditions of the City Planning and
Zoning Commission.
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MEMO
TO: PLANNING DEPT.
FROM: TOM JONES
ASST. CITY ENGINEER
DATE: APRIL 16, 1976
RE: GAYLORD SUBDIVISION CONCEPTUAL REVIEW
We would like to see some additional labeling on all
three sheets as shown in red on the plans. Also, it would
be helpful if they were On standard size sheets (ie,24x36),
and if the subdivision name would appear on all sheets. The
projected total population of the development was not given,
and the title commitment policy has expired and should be
updated.
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MEMORANDUM . '
TO: Dave Elli s
FROM: Planning Staff (HC)
RE: Gaylord Subdivision - Conceptual
DATE: April 5, 1976
Enclosed is the conceputal subdivision application for Gaylord
Subdivision consisting of five (5) single family lots on 4.77
acres. The property is zoned R-30 P.U.D.
The conceptual hearing date before P & Z is April 20, 1976,
Notice that a two (2') foot contour map is not enclosed. We
is all right at this stage due to the nature of the site and
proposed common area below the slope.
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MEMORANDUM
Aspen Planning and Zoning Commission
Planning Office
Agenda Items - April 1, 1975
March 27, 1975
Stream Margin Review for the Thomas Wells Residence at Lot 10 of the
Black Birch Estates:
o The plan submitted complies with the plan
specifications of Section 24-6.3.
o The north-east corner of the lot is in the 100
year flood plain. The building site is located
to the southwest of this designated hazard.
o The proposed structure will be built on compacted
fill rather than on excavation to further pro-
tect the structure from flooding. The only
excavation will be for undergrounding of utilities
which should not present any potential pollution
problems.
"
o Vegetation' on the stream bank will be preserved
in its natural state.
o There will be no changes to the stream channel or
its capacity.
o The Planning Office recommends approval of the
plan as submitted conditional on an agreement that
the petitioner restore the stream bank and sur-
rounding area to its original condition should any
,damage take place during construction.
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REAL ESTATE AFFILIATES
Incorporated
26 March 1976
Land Use Administrator
City of Aspen
Box V
Aspen, Colorado 81611
Dear Hal:
In acoordance with the subdivision regulations of the City of Aspen,
the fo11CMing material is sul:rnitted for conceptual review by the City:
1. Vicinity map
2. Existing conditions plan
3. Proposed develop:nent sketch plan including developllellt tabulation
4. Preliminary title report
'!he property is zoned a-3D Mandatory P.U.D. and we request that we be
allowed to proceed si11li::dtaneously th=ugh the subdivision and P;.U:.o
procedures. If there are any questions please contact me.
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C. A. Vidal
CAV:lag
North of NeJIBuilding
P,O, Box 31&9, Aspen, Colorado 81611
Telephone: 303) 925,4530
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REAL ESTATE AFFILIATES
Incorporated
26 March 1976
Land Use Administrator
City of Aspen
Box V
Aspen, Colorado 81611
Dear Hal:
In accordance with the zoning regulation of the City of Aspen, seven
copies of the following material are suJ:xnitted for outline develq:ment
revi'eW by the City:
1. Sketch map of subject property. We have not yet done a 2' contour
map of the property, but have shown the significant contour element
and hope this would be satisfactory at this stage.
2. Schematic plan
3. Written statement outlining developrent program.
The property is zoned R-30 Mandatory P.U.D. and we request that we be
allowed to proceed simultaneously through the P.lJ.D. and subdivision
proCedures. If there are any questions, please contact Ire.
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C. A. Vidal
CAV:lag
North of Nell Building
P,O, Box 3t59, Aspen,Colorado 81611
Telephone : 303) 925-4530
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GAYIDRD P.U.D.
Project Description:
Size: 4.77 acres
ONner: Dr. Charles Gaylord
Existing Zoning: R-30 - mandatory P.D.D.
Development date: June 1976 - Dec 1976
Proposed development: Create 5 single family lots
(see exhibits)
Water, sewer, power, natural gas and public access are all
immediately adjacent to the property and are of sufficient capa-
city to acconmodate the proposed development.
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ADJACENT PROPERTY OONERS GAYIDRD SUBDIVISION
PROPERTY
lot 1 Red Butte
East Subdiv
Blk 2
lot 4 Red Butte
East Subdiv
Blk 2
lot 3 Red Butte
East Subdiv
Blk 2
lot 2 Red Butte
East Subdiv
Blk 2
lot 5 Red Butte
East Subdiv
Blk 2
avNER
louis Dorfman
Thanas E. & Carolyn L.
Voorheis
Valerie L. & Leroy E.
Hood; Renada & William
B. Wood
Charles & AudJ:y Lipton
Donald W. & Catherine
Jenson
lot 3 Red Butte Kiefer & Mary E.
Subdivision Mendenhall
Blk 1
lot 7 Black Birch Arthur C. Blau1
Estates
lot 17 Black Birch William A. Gruenberg
Estates
lot 18 Black Birch Charles E. & Ann G.
Estates Worth
Accross River
HenJ:y Stein
ADDRESS
11233 Russwood Circle
Dallas, Texas 75229
Box 619
Aspen, Colorado 81611
1840 San Tascua1 St.
Pasadena, Calif. 91107
Box 2449
Aspen, Colorado 81611
Box 911
Aspen, Colorado 81611
Box 191
Aspen, Colorado 81611
Box 15027
Aspen. Colorado 81611
Box 704
Aspen, Colorado 81611
Box 930
Aspen, Colorado 81611
102 s. Mill
Aspen, Colorado 81611
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AMOUNT
OWNER $ TBD
MORTGAGE $
ADDITIONAL CHARGES
COST OF TAX CERTIFICATE
SURVEY COSTS
TOTALS
PREMIUM
$ TBD
$
$
$
$
$
L
...J
Your Reference Charles Gavlord
CC's To:
No, 46,001,378 C
Sheet 1 of i
COMMITMENT TO INSURE
Transamerica Title Insurance Company, a California corporation, herein called the Company, L', ..
valuable consideration, hereby commits to issue its policy or policies of title insurance, as idenb"sd in
Schedule A, in favor of the proposed insured named in Schedule A, as owner or mortgage" of the estate or
interest covered hereby in the land described or referred to in Schedule A, upon paymenL of the premiums
and charges therefor; all subject to the provisions of Schedules A and B and to the cOl,ditions and stipula-
tions shown on the inside of the cover, !
I
rJ,l?_~ ~
By '....,.,,0A-:1 - .../
AUTHORIZED SiGNATURE .
U
The effective date of this commitment is
At which time fee title was vested in:
Au~ust 8,
,19~at 8: 00 A1<L
CHARLES GAYLORD
SCHEDULE A
1. Policies to be issued:
(A) Owners':
TO BE DETERMINED
(B) Mortgagee's:
Form No. C~142.1 Rev. 4-18-75
""..... . '"
..-..
1"""\
No. 46,001,378
Sheet ~ of ~
C
SCHEDULE A-Continued
2. Covering the Land in the State of Colorado, County of Pi tkin
Described as:
A tract of land situated in the SW! of Section 1, TIOS, R85W of
the 6th P.M., Pitkin County, Colorado, being more fully described
as follows:
Beginning at the Southeasterly corner of Lot 3, Block 2, Red Butte
Subdivision whence the SII' corner of said Section 1 bears: S47.56' 38" W
1618.16 feet;
Thence N 25-34' E. 291.78 feet along the southeasterly boundary
line of said Red Butte subdivision to the centerline of the Roaring
Fork River;
Thence S 82-03' E 203.77 feet along the centerline of said River;
Thence S 71-33' E 145.48 feet along the centerline oj:' s8,id River;
Thence S 62-23' E 325.75 feet along the centerline of said River
to a point on the Northwesterly boundary line of Black BirCh Estates,
thence S 41-57' W 346.07 feet along the northwesterly boundary line
of said Black Birch Estates, to a point on the Northeasterly edge
of Red Butte Drive;
Thence N 67-32' W 485.99 feet along the northeasterly edge of said drive;
Thence 81.25 feet along the arc of a curve to the right with a radius
of 1183.26 feet (said arc being the northeasterly edge of said drive)
And whose chord bears N 65-33'57" W 81.23 feet to the point of
beginning.
Form No. C~142.2
"""" ,."
""'"
""'"
No. 46,001,378
Sheet -3-of-4-
C
SCHEDULE A-Continued
REQUIREMENTS
3, The following are the requirements to be complied with prior to the issuance of said policy or policies,
Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule
B of the policy to be issued, Unless otherwise noted, all documents must be recorded in the office of clerk
and recorder of the county in which said property is located,
A. Deed from Charles Gaylord to a purchaser to be determined.
Form No. C-142.3
"~',e .. "'~_~~_'",'''..."~",...
.,,-,.,"..-.",..~,,_.~,
~- . ~ ..
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,-,
No, 46,001,378 C
SheeL1... of --1-
SCHEDULE B
THE POLICY OR POLICIES TO BE ISSUED HEREUNDER WILL NOT INSURE AGAINST:
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 and inspection of the premises would disclose and which are not shown by the public
records,
4, Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, im-
posed by law and not shown by the public records,
5. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer
service, or for any other special taxing district,
6. Right of the Proprietor of a Vein or lode to extract and remove
his ore therefrom, should the same be found to penetrate or inter-
sect the premises hereby granted, and Right of Way for Ditches and
Canals constructed by the authority of the United States, as re-
served in United States Patent of record, recorded August 17, 1889
in Book 55 at Page 5. .
7. Easement for overhead line (Power and Telephone) as shown on survey
of Survey of subject property by Tri-Co Management, Inc., Job No.
75-80-1 dated July, 1975.
8. Deed of Trust from Charles Gaylord to the Public Trustee of Pitkin
County, for the use of Mountain States Bank, to secure $40,000.00,
dated June 12, 1968 and recorded June 25, 1968, in Boo~235 at Page
168.
Form No. C-142.4 Rev. 4-18~75