HomeMy WebLinkAboutpitkin.planning.246334102010DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN TAE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P&Z
Ordinance for the BOCC and/or P&Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
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LAW OFFICE OF
Scott Harper
PROFESSIONAL CORPORATION
PLAZA 117 AABC, SUITE 101
ASPEN, COLORADO 81611
Febnlary 15, 2000
Brian McNellis, Planning Technician
Pitkin County Community Development
130 South Galena St.
Aspen, CO 81611
Re: My clients Darrell and Jane Mansell
Dear Brian:
~y~e3-34I-~-c,iv
(970) 544-5000
TELECOPIER (970) 920-7631
You confirmed for me during our phone conference of January 4, 2000 that you had
reviewed the relevant information, conferred with Tamara, and were in agreement that the
Munsells' property is not in a subdivision and therefore not subject to the provisions of the Pitkin
County Land Use Code lot line adjustment requirements.
Per your request when we spoke I have enclosed for your records two copies of the Order
for Entry of Default Judgment granting the Munsells title to an approximately 600 square foot
parcel contiguous to their deeded property at 0100 Riverside Drive, Carbondale. This Order was
recorded in the Pitkin County Real Property Records on November 15, 1999 as Reception No.
437749.
Please let me know if you need anything further to for your files with regard to this matter.
Very truly yours,
cc: Mansell
Enclosure
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SCOTT HARPER PROFESSIONAL
CORPORATION
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Scott Harper
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DISTRICT COURT, COUNTY OF PITKIN, STATE OF COLORADO ~ -.
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Case No. 99 CV 1 12 Sg „~ app
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ORDER FOR ENTRY OF DEFAULT JUDGMENT
DARRELL MUNSELL and JANE MUNSELL,
Plaintiffs,
vs.
SALVATORE CHARLES BATTO, JK.
Defendant.
}{aving reviewed the Plaintiffs' Motion for Entry of Default Judgment, other pleadings and
exhibits thereto, and otherwise being fully informed in the premises:
THE COURT' FINllS:
1. That Defendant has been properly served with The Sununons and Complaint in this
action and the Court has jurisdiction over Defendant.
2. That Defendant has failed to file his Answer or otherwise plead within the legal time
permitted.
3. That Defendant has been fully informed of his obligations in this regazd and has
continued to disregard the process of this Court.
4. That Defendant has been properly served with athree-day notice of Plaintiffs'
application for entry of default Judgment pursuant to the provisions of C.R.C.P. Rule 55(b) and has
not filed his Answer or otherwise responded thereto.
5. That there has been no excusable neglect or other legitimate reason for Defendant's
failure to file his Answer or otherwise plead in this matter and Defendant therefore admits the
allegations ofthe Complaint.
IT IS ORDERED that Judgment by Default be hereby entered against Defendant as follows:
1 • That Defendant BATTO has no interest, estate or claim of any kind whatsoever in
the MUNSELLS CLAIM PROPERTY (a legal description of which is set forth in
Exhibit C to Plaintiffs' Complaint);
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I IIIIII IIIII IIIIiI I'I'I IIIII IIIIII IIIII III "III IIII IIII
437749 11/16/1999 02:41P ORDER DAVIS SILVI
1 of 3 R 18.00 D 0.00 N 0.00 PITKIN COUNTY CO
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ORDER FOR ENTRY OF DEFAULT JUDGMENT
MUNSELL vs. BATTO, 99 CV 112
Page 2
Defendant BATTO is forever batted and enjoined from asserting any claim or title
to the MUNSELLS CLAIM PROPERTY;
Title to the MUNSELLS CLAIM PROPERTY is hereby quieted in the Plaintiffs
MUNSELLS and Plaintiffs MUNSELLS are the owners in fee simple in joint
tenancy and entitled to possession of the hIUNSELLS CLAIM PROPERTY;
Dated this b ~ day of Ll~'H!/~~1999.
LING
CERTIFICA'Ph OF a ~ of
I Certify~a~ ~ ,~Y~to all
Foregoing nn`I.~`~tF'~V 19Q ~1
,outset of
This ~ day of ~- DPPI
PF.~
~-T7'D .
E COURT:
District Judge
~ _ ~,~
i IIIIII VIII IIIIII VIII (IIII IIIIII VIII III VIII IIII IIII
437749 31/16/1999 02:41P ORDER Di1VIS SILVI
2 of 3 R 16.00 D 0.00 N 0.00 PITKIN COUNTY CO
-2-
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EXHIBIT "C" v
' ~eoal Description - ~-
A parcel of land situated in the SE1l4SWt/4 of Section 34, ship 8 South,
Range 88 West of the B°' Principal Meridian, Pitkin County, olorado, and being
more particularly described as follows: ~
Beginning at a point whence a brass cap found in place and ~ openly marked for
the Center of said Section 34 bears S 04.55'40" E 879.94 f t; thence S
24°56'30" W 13.11 feet; thence N 71.11'49" W 100.90 feet on3 a fence as built
and in place; thence S 78°27'30" (.103.13 feet to the point beginning,
containing 658 square feet more or less. ,j
Line in Space
P.C. Box 121
Carbondale, Co. 81623
3 June 1999
Exhibit to ORDER FOR ENTRY OF DEFAULT
District Court, County of
Munsell vs. Batto
Case No. 99 CV 112
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Pitkin,~State
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of Colorado
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437749 11/13/1999 02:41P ORDER ~IVIS SILVI
3 of 3 R 15.00 D 0.00 N 0.00 PITKIN COUNTY CO
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