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Home My WebLink Aboutpitkin.planning.273707200024 (2008)DQCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN AL)!,~ OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORBER Summary Sheet Resolution ffor the BOCC and/or Pc&Z Ordinance for the BOCC and/or P&cZ Determination for the Hearing Offacer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) Parcel ID: 2737-07-2-00-024 Application Date: 11/12!08 Case No: P130-08 Description: Planner: Mike Kraemer # Copies: 1 Allocated Hours: 12 Project Address: 412 RED MOUNTAIN RD, ASPEN, CO 81611 % Over Hours: 4.4 Property Owner: MESDAG Owner's REP: JIM POTTS Address: 0001 OAKMONT DR Owner Phone: LOS ANGELES, CA 90049 Address: 120 E MAIN ST, C/O DESIGN Wi REP's Phone: (970) 925-8354 ASPEN, CO 81611 REP's Email: jim@landscapeworkshopinc.com Referrals: Other Referrals: Comments Due Date: Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: Review Body: admin Public Hearing? yes Notice Date: 11/30/2008 Meeting Notes: pn to rep & jj 11/19I08//bj Approvals: BOCC Resolution #: P8Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: 020-2009 #557838 Other Information: VR Approval Date: 04/01/2009 Plat Recorded Date: 05/08/2009 VR Expires Date: 04/01/2012 Plat (Bk, PG): B91 B13 #558696 Remarks: Application Type: Activity Envelope Site Plan ADMINISTRATIVE DECISION OF THE PITKIN COUNTY, COLORADO, CONIMiINITY DEVELOPMENT DIItECTOR GRANTING APPROVAL FOR THE MESDAG ACTIVITY ENVELOPE AND SITE PLAN Administrative Decision No~ - 2009 RECTTALS 1. Mesdag Family Trust (hereafter referred to as the "Applicant") has applied to the Community Development Director of Pitkin County, Colorado ("Director") for Activity Envelope and Site Plan Review to conduct landscaping, tree removal, pond reconstruction, and demolition of a shed. 2. The Lot is located at 412 Red Mountain Road and is generally described as Lott 1 and 2 of the Siena Subdivision. PID#: 2737-072-00-024. (Legal Description, Attachment A). 3. The Lot is approximately 4.087 acres, is in the R-30 zone district, and is conforming in size. 4. The Lot is a combination of Lots 1 and 2 of the BOCC approved Siena -Red Mountain Subdivision recorded at Book 19 Page 16 (Rec. No. 282640). BOCC Resolution No. 92-53 approved a subdivision vacation that essentially made this null and void. This vacation resulted in a single parcel of 1.8 acres in size. In 2007 a lot line adjustment was approved that increased the size of the parcel to 4.087 acres pursuant to Administrative Decision No. 77-2007 (Rec. No. 541397). The lot line adjustment plat was recorded at BK 85 PG 76 (Rec. No. 544178). A single family residence was constructed in 1998. 5. The Applicant was cited a notice of violation due to the removal of numerous trees on the Lot. To remedy the violation, the Applicant submitted this land use application in an attempt to attain approval for the above mentioned requests. This landscape plan includes replanting of wetland and riparian areas that were a result of a manmade pond in the southeastern portion of the property. The Applicant has also proposed a tree mitigation plan that replaces all trees 6" d.b.h. or greater with acceptable species. 6. The Applicant has proposed an activity envelope that includes some slopes > 30%. These portions of the envelope will need to be removed. Public notice was published in the paper on November 30, 2008. The Applicant mailed the public notice to the adjacent property owners on December 30, 2008. No objections were received within 30 days. APPROVED by the Director, subject to the following conditions: 1. The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit review. Structures represented in the application might not be permitted under building and zoning regulations. 3. Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan with the approved Activity Envelope in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation. The Site plan shall also incorporate the following changes: rage ~ °Jj RECEPTION#: 557838, 04!07/2009 at 08:47:16 AM, 1 OP 4, R $0.00 Dot Code ADMIN DECISION Janice. K. Vos Caudill, Pitkin County, CO a o-~o~ a. Incorporate the landscape plan into the Site Plan; b. Change the title to "Mesdag Family Trust Activity Envelope and Site Plan' ; c. Remove portions of the Activity Envelops that exceed 30% slope. 4. No structural development, with the exception of fencing, in excess of 30" shall occur within the setbacks of the Lot. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any external development located within setbacks mandated by County zoning regulations shall require a variance from the Boazd of Adjustment. Approval of a landscape envelope within such setbacks does not assure approval of a variance. 5. The Applicant shall submit an earthmoving permit for re-construction of the pond. Proof of adequate water rights shall be provided with this submittal. The Applicant shall also submit a revegetation plan with the earthmoving permit submittal for review and approval by the Planning Engineer. This revegetation plan shall also include the tree mitigation plan presented in the application. Tree mitigation shall be implemented and inspected by Community Development Staffwithin one year of this approval. 6. Prior to issuance of any permit, the Applicant shall: a. If necessary obtain a County access/driveway/turnaround permit acceptable to the Aspen Fire Protection District and County Engineer. b. Submit a construction management plan for review and approval by the County Engineer showing the locations of staging, material storage and employee and construction traffic pazking. The Applicant shall comply with the following general conditions regarding wildlife: a. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty-four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails. b. Wire fencing must be three (3) strands or less. The top wire should be atwelve-point-five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands (which may be barbed) should be located a minimum twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. 8. All tree re-plantings shall maintain a 10' defensible space from any structure. 9. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the comers of the activity envelope and install construction fencing around the construction site within the perimeter of the building envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 10. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2=20-~0 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on April ~ - , 2012. 11. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. PUBLISHED AFTER OPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weeklv on the ~ day of ~ , 2009. Page 2 of 3 av- 209 APPROVED by the Director, this ~_ day of ~_, 2009. i ~l-k~1~c A~;-~dV~ ~ ~~ Cindy Houben, Community Development Director PIDN 2737-072-00-024 P130-08 Page 3 of 3 Attachment A Legal Description RED MOUNTAIN SECT,TWN,RNG:7-10-84 DESC: FORMERLY KNOWN AS LOTS 1 & 2 SIENA-RED MTN _ ._ ._____ ...___.__.,.,. ;SUB SEE RESOLUTION TO DISSOLVE SUB -- - ____ .92-53 PARCEL OF LAND IN NW4 OF SEC i7-10-84 BGNNG AT A PT WH COR #14 OF ;THE BROWN PLACER USMS 15047 BEARS 56 DEG 50'59" E PITHIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY LOCATION: 412 Red Mountain Road ZONING: R-30 OWNER: Mesdag REPRESENTATIVE: Jim Pbtts DATE: Aueust 27, 2008 PHONE and EMAIL: 963-0950, Type of Application: Activity Envelope and Site Plan Review PID# 2737-072-00-024 iim(a~landscageworkshoginc.com PLANNER: Mike Kraemer, 920.5482 Description of Project/Development: The Applicant is requesting to submit for an Activity Envelope and Site Plan with vested rights to conduct landscaping that includes removal and planting of trees and potential earthwork. The Applicant was issued a Notice of Violation for removal of a significant amount of trees on the parcel without land use approval. Land Use Code Sections to be addressed in letter of request (application): Sec. 2-30-20(g): Activity Envelope Criteria for Approval; Sec. 7-10-50: Activity Envelope; ~ Gbh h/~'~' Sec. 7-20-20: Steep and Potentially Unstable Slopes; Sec. 7-20-10: Site Preparation and Grading; Sec. 7-20-30: Water Courses and Drainage; Sec. 7-20-60: Wildfire standards (mapping unknown) Sec. 7-20-70: Wildlife habitat areas Sec. 7-20-80: River and Streams Corridors and Wetlands; Sec. 7-20-130: Landscaping and vegetation Protection; Staff will refer the application to the following agencies: None. Review by: Community Development Director Public Hearing: No. However, the Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Administrative Decision pursuant to Sec. 2-20-] 00(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice (by certified mail) to all adjacent property owners and mineral estate owners with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from the date the notice was postmarked to submit comments or objections to the Community Development Department. FEES: $6,067(make check payable to "Pitkin County Treasurer") Planning Office flat fee: $5,988 (originally $2994) non-refundable; based on 12 hours of staff time. If staff review time exceeds 14.4 hours, the Applicant will be charged for additional time above 12 hours at a rate of $249/hour o Public Notice Fee: $54 o Web Technology Fee: $25 *Fee's double far Violations To apply, submit 1 copies of the following information, unless noted otherwise: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. 24" by 36" and 11" by 17" Activity Envelope and Site Plans as designated in Section 2.1.1 and 2.1.12 of the Pitkin County Land Use Application Manual; ~` ~~~ ooo~oY ~'?~ Ursi~n ~A5n'Ic.ahnp. lur. I.:wdn~~npr 4rrliio rum Lund Plu uniug l rLan Ur.~iru tin'a~~~hir Vrn'irrs November 10, 2008 I'!II I~.u-i 11uiu 4irr,., MI. Mike Kraemer ~,i,,.,, ,;,,i,,,;,,i„ Pitkin County Community Development „i~,i ~ 130 S. Galena Street, 3`d Floor r,_i i i , , Aspen, Colorado 81611 Re: Activity Envelope and Site Plan for the Mesdag Property ~ " "°"~' Located at 412 Red Mountain Road ~ru ~r~n- i:~,~' a ~co drei;tu ~~~irk;ho~i.roin Dear Mr. Kraemer ~,i,~ ~ ~u~ This letter accompanies an application for an activity envelope and in ~~,~ ~ specific site plan for existing development on the lot as well as proposed i~i~~~„~;, landscape and driveway improvements for the Mesdag property. F:di Lak~• can ,,,~,~ ~,,. The pre-application conference summazy dated August 27, 2008, indicates i. i code sections and documentation to address the discussion of the County's , azea of interest. These accompany maps (Sheets 1-5) show the nature of i ; i the proposed improvements. The paragraphs that follow are the summazy explaining the request, provide background on prior permits and approvals, and address compliance with the code sections. 1. Back rg ound The Mesdag property is located at 412 Red Mountain Road. The property was originally Lot 1 and 2 of the Siena Red Mountain subdivision. The subdivision is recorded in Book 19, page 16 Pitkin County, Colorado. The original lots comprised 79,583sf of land. The Mesdag residence was constructed beginning in 1998. The development included a single family residence, within the setbacks for the lot and landscaping of the entire lot. In 1998, a 1041 hazard review site plan and amended plat occurred for Lot 5, Ruby Subdivision. This was completed in conjunction with a subdivision exempted lot line adjustment. This combined the original lot with Lot 5 of the Ruby Subdivision lot resulting in a lot of 4.087 acres. This was recorded November 20, 2007 as reception 544178 and located in Book 85, page 76. With this lot line adjustment, a building envelope and were omitted and reduced respectively. oau~c~ DESIGNWORKSHOP ® Pnnfed nn recycled paper wRh sov mk. Dreihn lX'nrkshnp. lur. The provided activity envelope includes all existing and proposed development on the lot and excludes hazards and slopes greater than 30%. Specific existing improvements aze noted within the activity envelope. 2. Pitkin County Land Use Code Section 2-30-20 (el The previous building envelope and a portion of the landscaping access, utilities and disturbance envelope north of the new property boundary between Lot 5 and the Mesdag property were vacated by this lot line adjustment plat. No new structures aze included in this application. The new activities include landscaping, grading, connection to existing access road, tree removal and changing to an existing irrigation ditch to proposed grading conditions. 3. Land Use Code Section 7-10-50: Site Plan and Activity Envelope The site plan and activity envelope has been established for the existing and intended uses and is shown on sheet 1.3. There is a single activity envelope established for the project. Constrained azeas aze addressed in the following pazagraphs. 4. Land Use Code Section 7-20-10: Site Preparation and Grading The proposed grading is contained entirely within the proposed activity envelope. The nature and extent of the grading proposed is shown on sheet 1.5. The vegetation to be removed is indicated on sheet 1.4, and includes existing cottonwoods. Previously, the owner has removed trees without first obtaining a tree removal permit. These trees are tabulated on sheet 1.4, and their locations are noted. The notes on the proposed indicate that topsoil on the site azea will be graded to be stored and reused. Plants to be included in the landscape plan aze native to Pitkin County. The plant list is found on sheet 1.4. 5. Land Use Code Section 7-20-20: Steep and Potentially Unstable Slopes The existing slopes aze delineated in the categories of 15% or greater, but less than 30%; slopes 30% or greater, but less than 45%; and slopes 45% or greater. No proposed disturbance is proposed on natural slopes greater than 30%. No road or driveways traverse existing slopes greater than 15%. The maximum grading proposed is a 4' change in grade. New graded slopes will be less than 25% and aze shown on sheet 1.5. All distributed slopes shall be revegetated and described on sheet 1.4, landscape plan. 6. Land Use Code Section 7-20-30: Water Course and Drainaee A portion of the existing manmade pond will be reconstructed to create a more natural edge and create a shoreline condition for the establishment of wetland vegetation. The pond outlet will be altered to flow into the Gary Cooper Ditch. ~~~~:d~, ® Printed on recycled paper with soy ink The Gary Cooper ditch traverses the property and a culvert will be constructed to maintain the volume and flow of the ditch. The Gary Cooper Ditch traverses the property and a portion will be rerouted to coordinate with proposed grading, but will reconnect to existing conditions before leaving the site. Natural drainage on the site is sheet flow and no natural drainage courses exist. Ground water will not be affected by the proposed by the proposed changes. Additional landscape irrigation will be included to support the new landscape areas. This will include spray irrigation for grass areas and a drip irrigation system for trees and shrubs. The irrigation will not require any additional decreased water rights or other storage facilities. The irrigation system will use the existing pond for storage and the existing water rights support the proposed irrigation. The owner is a shazeholder of the Duroux Ditch Company which provides the water source. Adjacent to the existing pond, erosion control will be used during construction including silt fencing and re-vegetation as soon as possible. 7. Land Use Code Section 7-20-40: Floodnlain Hazards The project azea is not included in any flood hazazd as defined by the FEMA map. 8. Land Use Code Section 7-20-50: Geologic Hazards The geologic hazazd azeas as identified on the geologic hazazd maps do not affect the project areas. No avalanche hazard is identified on the property by the Pitkin County maps. 9. Land Use Code Section 7-20-60: Wildfire Hazards The wildfire hazard classification for the project azea is zone A (lowest hazazd). A defensible space zone of 10' will be maintained for existing structures. The existing metal barn structure is proposed for removal and a permit has been applied for. The driveway proposed does not provide the primary access to the existing home, but creates a connection with the existing access road. Zone A for fire protection was confirmed with the construction of the existing residence. The proposed driveway extension enters at 90 degrees for the first 25' of the driveway. No changes to the water supply for fire safety are proposed by the project. No azchitectural material or roof is affected by the project. 10. Land use Code Section 7-20-70: Wildlife Habitat Areas No wildlife habitat azeas are identified on the CDOW species activity maps, except for mule deer summer range. This CDOW clarification is the most widely distributed category in the Aspen area. Additional wildlife benefits employed in the project include removal of all existing corral fencing associated with the barn, fencing connecting the barn and the south end of the pond, and the metal barn. Additional wetland vegetation and edge condition at the pond with its connection to the Gary Cooper Ditch will create a better ripazian/wetland habitat. ~Vl~i~c) Ur-I~~u AA1~i1.,L~ip_ In, 11. Land Use Code Section 7-20-80: River and Stream Corridors No blue line perennial streams, intermittent streams, or natural wetlands and riparian azeas aze located in the project azea. All aspects of the proposed project maintain a minimum setback from protected azeas. 12. Land Use Code Section 7-20-130: Landscapine and Vegetation Protection The plant list includes species similaz or the same as those on the site and neighboring sites. No satellite dishes or other equipment is included in the project and therefore do not require screening. Please also find the additional attachments: 1. A check made out to Pitkin County Treasurer for the application for a fee of $6,067.00. 2. Copies of plans including sheet 1-5; both printed at 24 x 36" and 11 x 17". 3. Proof of ownership of the parcel. 4. A legal parcel description. 5. A vicinity map located on sheet 1. 6. A signed fee agreement. 7. A consent form to process the application and authorizing representative. 8. A list of all adjacent property owners. 9. A copy of the pre-application form. On behalf of Will and Lisa Mesdag, thank you for your assistance in the review of the application. Best Regazds, /~~ Richazd Shaw Principal ~1g,;i~OF PI'1'KIN COIJN"CY COMMUNITY 1)EVhLOPMHN'I' D1iPAI2'fMIiN"1' AGR);FiMEN'I' FO[21?AYMrN'f OY LANn USC APPLICATION h1sL^'S Pl`fKIN COl1NT'Y (hereinafter "COUN"I'Y") and _Wtbt. pnto NsA MesrlA_b_ (hereinafter "APPLICANT"') ACiRBP: AS FOLLOWS: I. API'LICAN"f has submitted to COUN"fY an application for ACfw~ fy ENVrrt,oPg hro4 S~ pLMJ _ `(hereinafter, the "PROJTiCI"'). 2. APYI,ICANT understands and agrees that Pitkin County Ordinance No. 32-2002 establishes tt tee sh~ucture for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness, 'The Fee structure is based on the COUNTY'S policy that development shall pay, in full, the cosC of development review in the COUN"1'Y. Fees have been set to be consistent and fair to the public and to reflect the expense incunexl in providing such services to the public. 3. AI'YLICAN"f and COUNTY agree that because of the size, nature or scope of the proposed PROJFC"f, it may not be possible at the time of application [o ascertain the full extent of the costs involved in processing the application. 4. APPLICAN'T' and COCJNTY agree that fees charged for the processing oC land use applications shall accwmdate if an application includes nutre than one type of land use review. 5. COUNTY and AI'YLICAN"f further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the ]'lamting Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners Co make legally reyuired findings for project approval, unless current billings are paid in full prior to decision. G. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver oC its right to collect full fees prior to a determination of application completeness, API'L,ICANT shall pay a base fee in the amount of $ Ip.U07,o. ° which is based ouN,4hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20°/n, then the COON"'1'Y will bill the APPC.ICANT yuarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT1" further agrees that failure to pay such accrued costs shall be grounds for suspension of processing PITKIN COC]N'CY Cindyllnuben Community Development Directm• lay: txicNa2o sr~aw ds fz~rmert>v~~~~ >/oQ I~" owNSre s 'j, t~ESIbNINOKK5HoP t'rint Name and Title (if applicable) Date: oeT 3e~, Zuo g Mailing Address: !2o EAST Mk+,V ST: PET/ G'O 8!4!1 ~~t~~~~ ~~ o u2fl~ ,1. a t~ ~.a~~~ LAW OWICES OF GATES, KNEZEVICH, GARDF_NSWARTZ '* KELLY, P.C. PROFESSIONAL CORPORATION T! IIRU FLOOR, ASPEN PLAZA OUIIDING 533 E HOPKINS AVENUE ASPEN, GOLOHAUO, 01511 ' EONARD M. GATES TELCPHONE lS]U) 520-I]OU ': FIARU A KNEZEVICH FACSIMILE (990) 920912' it?GD GFlHL)ENSW AH IZ uAVIC D. KEL:.V `R!A MORROW "l- ^OlINSE. anim(n_~ok9lnw.com 'uHN I' K.EI.! V ;t 2PHENR GONIVOR ANNE MARIE McP'HCC ~i P.Ci FEINRF_"RCi ~ai:NO'!G F:191'/PGT ~ ~ October 6, 2008 U.S. Mail Will Mesdag Red Mountain Capital Partners LLC 10100 Santa Monica Blvd. Suite 925 !.os Angeles, CA 90067 Re: Transfers of Red Mountain Property to Mesdag Trusts Dent Will: Enclosed for your records are the original deeds first correcting the error in the legal descrrptior. for the earlier conveyance from Lisa to Lisa and you and the subsequent conveyances of your and Lisa's interests in the Red Mountain property to your respective trusts. While the deeds were recorded on October 1, 2008, they were effective on September 30, 2008, the date they were executed. Please let me know if you have any questions or need anything further. Thank you. Very Truly Yours, GATES, KNEZEVICH, GARDENSWARTZ ~ KELLY, P.C. BY_~ _,_ :1. ne Marie McPhee ~wi~~1?vlimaf !?rclesure r. r Adjacent Property Owner's List Marian Mitchel Rubey Trust 1929 Allen Pkwy 9th Floor Houston, TX 77019 Robert B, Catherine B, and Karen Rubey 2106 Mathews Austin, TX 78703 Curtis Hunter Baar PO Box R Aspen, CO 81612 Melanie L. Sturm and Marc Zachary PO BOX 410 Aspen, CO 81612 Milloughby Ponds Trust 110 North Wacker Drive #330 Chicago, IL 60606 00(?nO~ CORRECTION GENERAL WARRANTY DEEll ~ti THIS CORRECTION DEED, made this 3 O day of Se.~~w~aew• , 2008 between LISA ANN MESDAG, ("Grantor"), whose legal address is 1 Oakmont Drive, Los Angeles, CA 90049 and LISA ANN MESDAG and WILLEM MESDAG, ("Grantees"), as tenants-in-common and not as joint tenants, whose legal address is 1 Oakmont Drive, Los Angeles, County of Los Angeles, State of California. WITNESSETH, That the Grantor, for and in consideration of the sum of "TEN DO[.LARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and does by these presents grants, bargains, sells, conveys and confirms, unto the Grantees, their heirs, personal representatives, grantees and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Pitkin, State of Colorado described as follows: See attached Exhibits "A" and "B" also known by street and number as: 0412 Red Mountain Road, Aspen, Colorado 81611 ** This Correction General Warranty Deed is intended to correct the legal description and exceptions described on that General Warranty Deed recorded on September 4, 2008 at Reception No. 552611 in the records of Pitkin County, Colorado. TOGETHER, with all and singular the hereditaments and appurtenances thereto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD, the said premises above bargained and described, with the appurtenances, unto [he Grantees, their heirs, personal representatives and assigns forever. And the Grantor, for herself, her heirs, personal representatives, successors and assigns, covenant, grant, bargain, and agree to and with the Grantees, their heirs, personal representatives, grantees and assigns, that at the time of the ensealing and delivery of these presents, she is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except and subject to Real Property taxes for 2008 payable in 2009; and THOSE ITEMS DESCRIBED ON EXHIBIT "C" AND "D", AFFECTING THE PARCELS OF LAND DESCRIBED ON EXHIBITS "A" AND "B", RESPECTIVELY, ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN AND THE TERMS AND CONDITIONS THEREOF. RECEPTION#: 553298, 10!01/2008 at 02:17:47 PM, t of 7, R $36,00 OF $0.00 Dac Code CORR DEED ~~~ ~,'I ~ Janice K. Vos Caudill, Pitkin County, CO The Grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantees, their heirs, personal representatives, grantees and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. T'he singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the Grantor executed this deed on the date set forth above. STATE OF 1 ss. COUNTY OF f The foregoing instrument was acknowledged before me this day of , 2008, by Lisa Ann Mesdag. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: [Sear Notary Public \20.54 .Sf.C ~Ao\0.t" C~ ~ ~~ ~ C ~ ~ ra'~-t a ~~ e~ ~]O~C3?. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California _(~ 1 County of `r'~ O S T'l ~n A 2\ ~f. S J} On Q " 3 O - O $ before me, ~ •. ~n w 0.~ Dale Here Insert Name antl Title of the O/hcer personally appeared fl couu:~+~ropr: ii NOrutrnKa•r+Wrawu e '~ ~0e~~awtaiw ml + Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature~y~~a,.roeture~ota Public OPTIONAL 1 Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ^ Individual ^ Corporate OfficerTitle(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee Top of thumb here ^ Guardian or Conservator ^ Other: Signer Is Representing: Number of Pages: Signer's Name: ^ Individual ^ Corporate Officer-Title(s): _ ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: . . Top of ihumh here ®2007 National Notary ASSOCiatio,r 9350 De Soto AVe.,P.O.BOx 2402•Chatsxrorih,CA 91313-2402•viww.NationalNOtaryorg Item tl5907 Reorder CallTOll-Free 1-B00-676-662] 1•;XHIBIT A A parcel ofland situated in tlteNorthwest Quarter of Section 7, Township ]0 Soutlt, Range 84 West of the 6°1 Principal Meridian, and being more fully described as follows: . Beginning at a point whence Corner No. 14 of the Brown Placer, USMS No. 15047 - bcars N 56°50'59" E 211.65 feet, Thence S 73°05'30" E 286.06 feet, Thence S 20°37'00" W 150.12 feet, Tltencc 5 50°00'00" W 190.00 feet, ThenceN 85°32'00" W 131.07 feet, Thence N Ol°54'00" W 198.00 feet, ThenceN 24° 13'00" E 151.03 feet to the point of beginning. Formerly known as Lots.] and 2, Siena-Red Mountain Subdivision. COUNTY OF PITKIN, STATE OF COLORADO. UU~,~.? 3 EXHIBIT B A parcel of land situated in Lot 5 of Rubey subdivision, Pitkin County, Colorado, more particularly described as follows: Beginning at the Northwest Corner of said Lot 5 whence a U.S. Brass Cap marked "S.P.M." (formerly used as the Center of Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian) bears S 42°13'07" E 1792,43 feet; thence S 89°08'58" E 102.00 feet along the boundary of said Lot S; thence S 09°07'00" E 445.00 feet along the boundary of said I.ot 5; thence S 76° 17'00" E 24.25 feet along the boundary of said Lot 5 to the intersection with the northerly line of a 44 foot wide utility easement; thence 22.08 feet along the arc of a curve to the left having a radius of 105.56 feet and a central angle of 1 I°59'00" along the northerly line of said easement; thence 49.24 feet along the arc of a curve to the right having a mdius of ] 10.85 feet and a central angle of 25°2700" along the northerly line of said easement; thence S 89°02'00" W 67.00 feet along the northerly line of said easement; thence 89.62 feet along the arc of a curve to the left having a radius of 172.51 feet and a central angle of 29°46'00" along the northerly line of said easement; thence S 59° 16'00" W 306.05 feet along the northerly line of said easement to the intersection with the westerly boundary of said Lot S; thence N Ol°14'00" W 196.44 feet along the westerly boundary of said Lot 5; thence S 85°32'00" E 12 ] .06 feet along the westerly boundary of said Lot 5; thence N 50°00'00" E 190.00 feet along the westerly boundary of said Lot 5; thence N 20°37'00" E 285.79 feet along the westerly boundary of said Lot 5; thence N 51 ° 18'00" W 51.16 feet along the westerly boundary of said Lot 5; thence N 42°10'00" W 52.69 feet along the westerly boundary of said Lot 5 to the point of beginning; containing 2.25 ] acres, more or less. ~(~~5~? 4 EXHIBIT C (Exceptions to Properly Described in Exhibit A) 1. Right of the proprietor of a vein or lode to extract or remove his ore thereform, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded in Book 55 at Page 166. 2. Easement and right of way for pipes, mains, reservoirs, dams or flumes as granted by John R. Williams and David R.C. Brown by instrument recorded in Book 24 at Page 59. 3. Right of Way as granted by instrmnent recorded in Book 180 ad page 24 4. Right of Way for the Gary Cooper Ditch referred to in Deed recorded in Book 180 at Page 359. 5. Reservations in Deed recordcd in Book 180 at Page 359. 6. Easement and right of way for one line of poles hearing telephone and telegraph wires traversing the Nl/2 NWl/4 Section 7, Township 10 South, Range 84 West of the 6°' P.M., said easement shall be actually used for the purpose above specified and all rights hereunder shall revert to the owner of the land as soon as the said use thereof shall be abandoned and discontinued as granted by instruments recorded in Book 151 at Page 13 and in Book 151 at Page 45. 7. Terms, conditions, provisions, obligations and aR matters as set forth in Resolution of the Pitkin County Commissioners, recorded in Book 680 at Page 166 as Resolution No. 92-53. 8. Terms, conditions, provisions and ohligations as set forth in Occupancy Dced Restriction and Agreement for a Caretaker Unit, recordcd in Book 685 at page 562. 9. Subjection to building and zoning regulations. Al] documents are recorded in the records of Pitkin County, Colorado. p3 aa,', ~ U~u..... EXHIBIT D (Exceptions to Property Described in Exhibit B) 1. Right of the proprietor of a vein or lode [d extract or remove his ore therefrom, should Iha same be found to penetrate or Intersect the premises hereby granted as reserved in United States Patent recorded December 24, 1902 in Book 55 at Page 116. 2. Easement antl right of way for Ine Salvation Ditch as set forth in instrument recortletl June 30, 1952 In Book 180 al Page 24. 3. Easement and right of way (or the Hunter Creak Trail asset forth in instrument recorded Novemher 27, 1974 in Book 293 at Page 911. 4. Easements, rights of way and all matters as disclosetl on Plat of subJect property recorded December 20, 1976 in Plat Book 5 at Page 41, 5. Terms, conditions, provisions, obligations antl all matters as set forth in Resolullon of the Boartl of County Commissioners recorded January 13, 1977 in Book 323 at Page 367 as Resolution No. 76-155. 6. Terms, conditions, provisions and obligations as set forth In Subdivision Agreement recorded January 13, 1977 in Book 323 at Page 368. 7. That certain Life Estate as set forth in Deeds recorded June 21, 1977 in Book 330 at Pages 735 ihru 742 and Deetls recorded January 4, 1990 in Book 611 at Pages 113 thru 124 and Correction Deeds recorded December 6, 1995 in Book 601 at Pages 649 ihru 860. 8. Terms, conditions, provisions and obligations as sat forth in Easement Agreement recardedJune 29, 1964 in Book 468 at Page 840. 9. Terms, conditions, provisions and obligations as set forth In lease Agreement recortled October 31, 1989 in Book 606 at Page 287. 1D. Terms, conditions, provisions, obligations and all matters as set forth In Resolullon of the Board of County Commissioners recortled August 17, 1999 as Reception No. 434491 as Resolution No. 99-112. 11. Easements and nghts of way for an electric transmission or distribution Ilne or system, as granted to Holy Cross Electric Association, Inc., in instruments recorded August 4, 2000 as Reception No, 445797, Reception No. 445796, Reception No. 445799 and August 0, 2000 as Reception No. 445885. 12. Terms, conditions, provisions and obligations as set forth in AdminisUative Decision recorded April 2l, 2006 as Reception No. 523233. 13. Terms, conditions, provisions, obligations and all matters as set forth In Resolullon of the Board of County Commissioners recorded October 30, 2006 as Reception No. 530410 as Resolution No. 125-2006. 14. Easements, rights of way and all matters as disclosed on 1041 Hazard Review Site Plan and Amended Plat of Lot 5, Rubey Subdivision recorded November 15, 2007 in Plat Book 85 at Page fib as Reception No. 544080. 15. Terms, conditions, provisions and obligations as set forth in Rubey Subdivision Vested Property Rights and Development Agreement recorded November 15, 2007 es Reception No. 544081. 16. Terms, conditions, provisions and obligations as set forth in Conservation Easement and Agreement recorded November 15, 2007 as Reception No. 544082. 17. Easements, rights of way and all matters as disclosed on Plat of Subdivision Exemption far a Lot Line AdJuslmenl: Amending Mesdag Property antl Lot 5, Rubey Subdivision recordetl Novemher 20, 20071n Plat Book 65 at Page 76. 18. Those terms, conditions, provisions and obligations, as set forth in Deed Restriction Agreement and Declaration of Restrictjye Covenants far Lot 5, Rubey Suhdivision recorded November,,, 2007 as Reception No. S~J~1 89d , tleleting therefrom any restrictions indicating any preference, limitation or tliscrimination based on race, color, religion, sex, handicap, familial status, or national origin. 19. Any rights, Interest or easements in favor of the riparian owners, the State of Colorado, The United States of America, or the general public, which exist, have existed, or era claimed to exist in and Duet the waters and present and past betl and banks of Hunter Creek and right of way for the continued flow of Hunter Creek. JOB;#; GENERAL WARRANTY DEED tti THIS DEED, made this 3 o day of ~ ep~Ca-~~er , 2008, with an effective date of September 30, 2008, between Lisa Ann Mesdag ("Grantor"), whose legal address is 1 Oakmont Drive, Los Angeles, CA 90049 and The Lisa Ann Mesdag 2008 Qualified Personal Residence Trust, ("Grantee"), whose legal address is I Oakmont Drive, Los Angeles, County of Los Angeles, State of California. WITNESSF,TH, That the Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and does by these presents grants, bargains, sells, conveys and confirms, unto the Grantee, its grantees and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Pitkin, State of Colorado described as follows: All of Grantor's undivided one-half interest in the properties described in the attached Exhibits "A" and "B", also known by street and number as: 0412 Red Mountain Road, Aspen, Colorado 8161 I TOGETHER, with all and singular the hereditaments and appurtenances thereto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and al~ the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law equit , of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND ' appurtenances, unto the Gr. heirs, personal representati~ with the Grantee, its grant presents, she is well seizes indefeasible estate of inhe authority to grant, bargain, same are free and clear fro encumbrances and restricts Property taxes for 2008 pa AND "D", AFFECTING RESPECTIVELY, ATTAC AND THF, TERMS AND C O HOLD, the said premises above bargained and described, with the itee, its successors and assigns forever. And the Grantor, for herself, her :s, successors and assigns, covenants, grants, bargains, and agrees to and ~s and assigns, that at the time of the ensealing and delivery of these of the premises above conveyed, has good, sure, perfect, absolute and tance, in law, in fee simple, and good right, full power and lawful ell and convey the same in manner and form as aforesaid, and that the ~ all former and other grants, bargains, sales, liens, taxes, assessments, ~s of whatever kind or nature whatsoever, except and subject to Real able in 2009; and THOSE ITEMS DESCRIBED ON EXHIBITS "C" THE PARCELS DESCRIBED IN F..XHIBITS "A" AND "B", IED HERETO AND INCORPORATED BY REFERENCE HEREIN )NDITIONS THEREOF. 'fhe Grantor shall arhd will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and p~aceable possession of the Grantee, its grantees and assigns, against all and every person or personsli lawfully claiming the whole or any part thereof. The singular number RECE~TION#: 553299, 10/01/2008 at 02:17:~i8 PM, 1 of 7,. R $30.00 DF $0.00 Doc Code WD U o ~ 9 ~ ~ Janice K. +/os Caudill, Pitkin County, CO shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNF,SS WHEREOF, the Grantor executed this deed on the date set forth above. STATE OF 1 ss. COUNTY OF f The foregoing instrument was acknowledged before me this _ day of , 2008, by Lisa Ann Mesdag. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: [Seal] Notary Public ~,~ ~-3J- JFl ao,~:' ~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~.a~-a.-,o nco.;.nom:.o..«..z.a~vs.~,2'.-v.:W,._.o~-M~.GR..nI"ft.-.n_. Nn~c{3~"'e ~"r- - ,.^.f~t2r,-v^ry^H.t~S`.c`C`- .-,trGf State of California _n County of ~ O S T~ v~ A 2\ ~e. ~ On q 3 0 - O $ before me, ^~~o. fn ,. 0.v , Dale Here Insert Name antl Ti11e of Ne Officer personally appeared '~• A ~,- c1Nr7:rrv77pr7 xorarrnruc•cKrauaa ; '~ 7tl /u7wt cwNr Cettn. to t Nov 11, 7011 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheRhey executed the same in his/her/their authorized capacity(ies), and that by his/herftheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and officio eat. Signature Signature 01 Notary Public OPTIONAL - Though the inlormafion below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this /orm fo another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ^ Individual ^ Corporate Officer-Title(s): ^ Partner - ^ Limited ^ General _ ^ Attorney in Fact ^ Trustee Top of thumb here ^ Guardian or Conservator ^ Other: Signer Is Representing: Number of Pages: Signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact • ^ Trnstee Top of thumb here ^ Guardian or Conservator ^ Other: Signerls Representing: ®20W Nalicnal Notary ASSeLlatlOa•9350 De Soto AVe.,P0 Box 2402•Chatsvrorlh,CA 91313-2402•www.NaGOnalNOtary.org Item p590] Reortler Call Toll Free l-80P6]6-fi82] ~Ot99:? 9 EXHIBIT A A parcel ofland situated in tlteNorthwest Quarter of Section 7, Township 10 Soutlt, Range 84 West of the 6'" Principal Meridian, and being more fully described as follows: . Beginning at a point whence Comer No. 14 of the Brown Placer, USMS No. 15047 bears N 56°50'59" E 21 I.55 feet, Thence S 73°05'30" E 286.06 feet, Thence S 20°37'00" W 150.12 feet, Thence S 50°00'00" W 190.00 feet, ThenceN85°32'00" W 131.07 feet, ThenceN Ol°54'00" W ]98.00 feet, ThenceN 24° 13'00" E 151.03 Feet to the point of beginning, Formerly known as Lots.] and 2, Siena-Red Mountain Subdivision. COUNTX OF PITKIN, STATE OF COLORADO. ~VIJi:~O EXHIBIT B A parcel of land situated in Lot 5 of Rubey subdivision, Pitkin County, Colorado, more particularly described as follows: Beginning at the Northwest Corner of said Lot 5 whence a U.S. Brass Cap marked "S.P.M." (formerly used as the Center of Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian) bears S 42°13'07" E 1792.43 feet; thence S 89°08'58" E 102.00 feet along the boundary of said Lot 5; thence S 09°0700" E 445.00 feet along the boundary of said Lot 5; thence S 76° 17'00" E 24.25 feet along the boundary of said Lot 5 to the intersection with the northerly line of a 44 foot wide utility easement; thence 22.08 feet along the arc of a curve to the left having a radius of 105.56 feet and a central angle of I 1°59'00" along the northerly line of said easement; thence 49.24 feet along the arc of a curve to the right having a radius of 110.85 feet and a central angle of 25°27'00" along the northerly line of said easement; thence S 89°02'00" W 67.00 feet along the northerly line of said easement; thence 89.62 fee[ along the arc of a curve [o the left having a radius of 172.51 feet and a central angle o£ 29°46'00" along the northerly line of said easement; thence S 69° 16'00" W 306.05 feet along the northerly line of said easement to the intersection with the westerly boundary of said Lot 5; thence N O] ° 14'00" W 196.44 feet along the westerly boundary of said Lot 5; thence S 85°32'00" E 12 ] .06 feet along the westerly boundary of said Lot 5; thence N 50°00'00" E 190.00 feet along the westerly boundazy of said Lot 5; thence N 20°3700" E 285.79 feet along the westerly boundary of said Lot 5; thence N 51 ° 18'00" W 51.16 feet along the westerly boundary of said Lot 5; thence N 42° 10'00" W 52.69 feet along the westerly boundary of said Lot 5 to the point of beginning; containing 2.251 acres, more or less. )h^'1 ~oL:.z EXHIBIT C (Exceptions to Properly Described in Exhibit A) 1. Right of the proprietor of a vein or lode to extract or remove his ore tlrereform, should the same be found to penetrate or intersect the premises hereby granted as resewed in United States Patent recorded in Book 55 at Page 166. 2. Easement and right of way for pipes, mains, reservoirs, dams or flumes as granted by John R. Williams and David R.C. Brown by instrument recorded in Book 24 at Page 59. 3. Right of Way as granted by instrument recorded in Book 180 ad page 24 4. Right of Way for the Gary Cooper Ditch referred to in Deed recorded in Book 180 at Page 359. Reservations in Deed recorded in Book 180 at Page 359. 6. Easement and right of way far one line of poles bearing telephone and telegraph wires traversing the Nl/2 NWl/4 Section 7, Township 10 South, Range 84 West of the 6`~' P.M, said easement shall be actually used for the purpose above specified and all rights hereunder shall revert to the owner of the land as soon as the said use thereof shall be abandoned and discontinued as granted by instruments recorded in Book 151 at Page 13 and in Book 151 at Page 45. 7. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Pitkin County Comrnissioners, recorded in Book 680 at Page 166 as Resolution No. 92-53. 8. Terms, conditions, provisions and obligations as set forth in Occupancy Decd Restriction and Agreement for a Caretaker Unit, recorded in Book 685 at page 562. Subjection to building and zoning regulations. All documents are recorded in the records of Pitkin County, Colorado. >)Oui~2? EXHIBIT D (Exceptions to Property Described in Exhibit 13) 1. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should Iha same be found to penetrate or intersect the premises hereby granted as reserved in Unitetl States Patent recorded December 24, 1902 in Book 55 at Page 116. 2. Easement and right of way for the Salvation Ditch as set forth In instrument recorded June 30, 1952 in Book 180 at Page 24. 3. Easement and right of way for the Hunter Creek Trail asset forth in instrument recorded November 27, 1974 In Book 293 at Page 911. 4. Easements, rights of way and all matters as disclosed on Plat of subJect property recorded December 20, 1976 in Plat Book 5 at Page 47. 5. Terms, conditions, provisions, obligations antl all matters as set forth in Resolution of the Board of County Commissioners recorded January 13, 1977 in Book 323 at Page 367 as Resolution No. 76-155. 6. Terms, conditions, provisions and obligations as set forth in Subdivision Agreement recorded January 13, 1977 in Book 323 at Page 368. 7. That certain Life Estate as set forth in Deeds recorded June 21, 1977 in Book 330 at Pages 735 thru 742 and Deeds recorded January 4, 1980 in Book 611 at Pages 113 thru 124 and CorreGion Deeds recorded December 6, 1995 in Book 601 at Pages 649 thru 880. 8. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded June 29, 1984 in Book 466 at Page 840. 9. Terms, conditions, provisions and obligations as set forth In Lease Agreement recorded October 31, 19891n Book 606 at Page 287. 1 D. Terms, conditions, provisions, obligations and all matters as set forth in Resoluton of the Board of County Commissioners recorded August 17, 1999 as Reception No. 434491 as Resolution No. 99-112. 11. Easements and rights of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc„ in instruments recortletl August 4, 2000 as Reception No, 445797, Reception No. 445796, Reception No. 445799 and Auguste, 2000 as Reception No. 445885. 12. Terms, contlitlens, provisions and obligations as set forth in Administrative Decision recorded April2l, 2D06 as Recephon Ne. 523233. 13. Terms, conditions, provisions, obligations and all matters as set forth In Resolution of the Boartl of Courtly Commissioners recorded October 30, 2008 as Reception No. 5311410 as Resolution No. 125-2006. 14. Easements, rights of way and all matters as disclosed on 1047 Hazard Review Site Plan and Amended Plat of Lo[ 5, Rubey Subdivision recoNed November 15, 2007In Plat Book 85 at Paga fib as Reception No. 544080. 15. Terms, conditions, provisions and obligations as set forth in Rubey Subdivision Vested Property Rights and Development Agreement recorded November 15, 2007 as Reception No. 544081. 16. Terms, conditions, provisions and obligations as set forth in Conservation Easement and Agreement recorded November 15, 2007 as Reception No. 544082. 17. Easements, rights of way and all matters as disclosed on Plat of Subdivision Exemption for a Lot Line Adjustment: Amending Mesdag Property and Lot 5, Rubey Subdivision recorded November 20, 20071n Plat Book 85 at Page 76. 18. Those terms, conditions, provisions and obligations, as set forth In Deed Restriction Agreement and Declaration of Restrictve Covenants for Lot 5, Rubey Subdivision recorded November, 2007 as Reception No. s~d8q ,deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. 19. Any rights, Interest or easements In favor of the riparian owners, the State of Colorado, The United States of America, or the general public, which exist, have existed, or are claimed to exist in and over the waters and present and past bed antl banks of Hunter Creek and right of way for the continued flow of Hunter Creek. t~®U);z GENERAL WARRANTY DEEll THIS DEED, made this day of ~~ , 2008, with an effective date of September 30, 2008, between Willem Mesda~ ("Grantor"), whose legal address is 1 Oakmont Drive, Los Angeles, CA 90049 and The T. Willem Mesdag 2008 Qualified Personal Residence Trust, ("Grantee"), whose legal address is I Oakmont Drive, Los Angeles, County of Los Angeles, State of California. WITNESSETH, That the Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and does by these presents grants, bargains, sells, conveys and confirms, unto the Grantee, its grantees and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Pitkin, State of Colorado described as follows: All of Grantor's undivided one-half interest in the properties described in the attached Exhibits "A" and `B", also known by street and number as: 0412 Red Mountain Road, Aspen, Colorado 81611 TOGETHER, with all and singular the hereditaments and appurtenances thereto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE ANll TO HOLD, the said premises above bargained and described, with the appurtenances, unto the Grantee, its successors and assigns forever. And the Grantor, for himselt; his heirs, personal representatives, successors and assigns, covenants, grants, bargains, and agrees to and with the Grantee, its grantees and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except and subject to Real Property taxes for 2008 payable in 2009; and THOSE ITEMS DESCRIBED ON EXHIBITS "C" AND "D", AFFECTING THE PARCELS OF LAND DESCRIBED ON EXHIBITS "A" AND "B", RESPECTIVELY, ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN AND THE TERMS AND CONDITIONS THEREOF. The Grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantee, its grantees and assigns, against all and every person or persons lawfidly claiming the whole or any part thereof. The singular number RECEPTION#: 553300, 10/01/2008 at 02:17:49 PM, 1 OF 7, R $38,00 DF $0.00 Doc Code WD Janice K. Vos Caudill, Pitkin County, CO ~®uf'~L, shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the Grantor executed this deed on the date set forth above. STATE OF 1 ss. COUNTY OF 1 The foregoing instrument was acknowledged before me this day of , 2008, by Willem Mesdag. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: [Seal] Notary Public ~ ~Z~e~se s~~ e. e~~~.~ ~~ end e ~~ V~o\0.h °1-3~-Og' ,..~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California p 1 County of ~n o S t4 ~,. o. ~ e. $ Ji On ~ ^ 3 ~ - o $ before me, Date personally appeared u ` coca. nnwn 5 ~ ranurnNUC.cwranN,, Cabs. ANpNn Cwnry Nov I I, 20n Place Notary Seal Above ~~.tn WAV~~ , '1 Hera Inserl Name antl Ti6e of the OOicer who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herftheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatures~~~4 ~(!~_~.~1 I 1S~ature of Notary Publl~ OPTIONAL Though the in/ormation below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this loan to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner-^ Limited ^ General ^ Attorney in Fact ^ Trustee Top of thumb here ^ Guardian or Conservator ^ Other: Signerls Representing: Number of Pages: Signer's Name ^ Individual ^ Corporate Officer -Title(s): ^ Partner- ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator L.l Other: Signer Is Representing: . . Top of thumb here 0200]National Notary ASSOaation•9350 De Soho AVe.,P.06ox 2402•Chatsworlh,CA 91313-2402•www.NalionalNOlary org Item#590] Reortlec Call Toll-Free 1-B00-6]fi-682] ~iQL'~•i L'XHTBIT A A parcel ofland situated in the Northwest Quarter of Section 7, Township 10 South, Range 84 West of the 6w Principal Meridian, and being more fully described as follows: . Beginning at a point whence Corner No. 14 of the Brown Placer, USMS No. ] 5047 bears N 56° 50'59" E 211.55 feet, Thence S 73°05'30" E 286.06 feet, Thence S 20°37'00" W 150.12 fact, Thence S 50°00'00" W 190.00 feet, Thence N 85°32'00" W 131.07 feet, Thence N Ol°54'00" W 198.00 feet, Thence N 24° 13'00" E 151.03 feet [o the point of beginning. Formerly known as Lots.l and 2, Siena-Red Mountain Subdivision. COUNTY OF PITKIN, STATE OF COLORADO. '~ s UQU' ~ EXHIBIT B A parcel of land situated in Lot 5 of Rubey subdivision, Pitkin County, Colorado, more particularly described as follows: Beginning at the Northwest Corner of said Lot 5 whence a U.S. Brass Cap marked "S.P.M." (formerly used as the Center of Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian) bears S 42°13'07" E 1792,43 feet; thence S 89°08'58" E 102.00 feet along the boundary of said Lot 5; thence S 09°0700" E 445.00 feet along the boundary of said I,ot 5; thence S 76° 17'00" E 24.25 feet along the boundary of said Lot 5 to the intersection with the northerly line of a 44 foot wide utility easement; thence 22.08 feet along the arc of a curve to the left having a radius of 105.56 feet and a central angle of 11°59'00" along the northerly line of said easement; thence 49.24 feet along the arc of a curve to the right having a radius of 110.85 feet and a central angle of 25°27'00" along the northerly line of said easement; thence S 89°02'00" W 67.00 feet along the northerly line of said easement; thence 89.62 feet along [he arc of a carve to the left having a radius of 172.51 feet and a central angle of 29°46'00" along the northerly line of said easement; thence S 59° 16'00" W 306.05 feet along the northerly line of said easement to the intersection with the westerly boundary of said Lot 5; thence N O] ° 14'00" W 196.44 feet along the westerly boundary of said Lot 5; thence S 85°32'00" E 121.06 feet along the westerly boundary of said Lot 5; thence N 50°00'00" E 190.00 feet along the westerly boundary of said Lot 5; thence N 20°37'00" E 285.79 feet along the westerly boundary of said Lot 5; thence N 51 ° 18'00" W 51.16 feet along the westerly boundary of said Lot 5; thence N 42°10'00" W 52.69 feet along the westerly boundary of said Lot 5 to the poiu[ of beginning; containing 2.251 acres, more or less. V®~i~,~~ EXHIBIT C (Exceptions to Property Described in Exhibit A) 1. Right of the proprietor of a vein or lode to extract or remove his ore thereform, should [he same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded in Book 55 at Page 166. 2. Easement and right of way for pipes, mains, reservoirs, dams or flumes as granted by John R. Williams and David R.C. Brown by instrument recorded in Book 24 at Page 59. 3. Right of Way as granted by instrument recorded in Book 180 ad page 24 4. Right of Way for the Gary Cooper Ditch referred to in Deed recorded in Book 180 at Page 359. 5. Reservations in Deed recordcd in Book l80 at Page 359. 6. Easement and right of way for one line of poles bearing telephone and telegraph wires traversing the Nl/2 NWl/4 Section 7, Township 10 South, Range 84 West of the 6'~' P.M., said easement shall be actually used for the purpose above specified and all rights hereunder shall revert to the owner of the land as soon as the said use thereof shall be abandoned and discontinued as granted by instruments recorded in Book 151 at Page 13 and in Book 151 at Page 45. 7. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Pifkin County Commissioners, recorded in Book 680 at Page 166 as Resolution No. 92-53. 8. Terms, conditions, provisions and obligations as set forth in Occupancy Deed Restriction and Agreement for a Caretaker Unit, recordcd in Book 685 at page 562. 9. Subjection to building and zoning regulations. All documents are recorded in the records of Pitkin County, Colorado. ~Qvl?nQ EXHIBIT D (Exceptions to Property Described in Exhibit B) 1. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should Iha same he fountl to penetrate or intersect the premises hereby granted as reserved in Unitetl States Patent recorded December 24, 1902 in gook 55 at Page 716. 2. Easement antl right of way for the Salvation Ditch as set forth in instrument recorded June 30, 1952 In Book 180 at Page 24. 3. Easement and right of way for the Hunter Creek Trail as set forth in Instrument recorded November 27, 1974 In Book 293 at Page 911. 4, Easements, rlghts of way and all matters as tlisclosetl on Plat of subject property recorded December 20, 1976 in Plat Book 5 at Page 47. 5. Terms, conditions, provisions, ohllgations and all matters asset forth In Resolution of the Board of County Commissioners recorded January 13, 1977 in Book 323 at Page 367 as Resolutlon No. 76-155, 6. Terms, conditions, provisions and obligations as set forth In Suhtllvislon Agreement recorded January 13, 1977 in Book 323 at Paga 3fi8. 7. That certain Llfe Estate as set forth in Deeds recorded June 21, 1977 in Book 330 at Pages 735 thru 742 and Deeds recorded January 4, 1990 in Book 611 at Pages 173 thru 124 and Correction Deeds recorded December 6, 1995 in Book 601 at Pages 649 thru 660. 8. Terms, conditlons, provisions and obligations as set forth in Easement Agreement recorded June 29, 1984 in Book 468 at Page 840. 9. Terms, conditlons, provisions and obligations as set forth In lease Agreement recorded Ocloher 31, 1989 in Book 606 at Page 287. t0. Terms, conditions, provisions, obligations and all matters as sal forth In Resolution of the Board of County Commissioners recorded August 17, 1999 as Reception No. 434491 as Resolution No. fl9-772. 11, Easements and rights of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc„ in instruments recorded August 4, 2000 as Reception No. 445797, Reception No. 445798, Reception No. 445799 and August 8, 2000 as Reception No. 445885. 12. Terms, conditlons, provisions and obligations as set forth in Administrative Decision recorded April 21, 2006 as Reception No. 523233. 13. Terms, conditions, provisions, ohligations and all matters asset forth In Resolutlon of the Boartl of County Commissioners recorded October 30, 2006 as Reception Ne. 530410 as Resolution No. 125-2006. 14. Easements, rights of way and all matters as disclosed on 1041 Hazard Review Site Plan and Amended Plat of Lot 5, Rubey Subdivision recorded November t5, 2007 in Plal Book 85 at Page fib as Reception No. 544080. 15. Terms, conditions, provisions and obligations as set forth in Rubey Subdivision Vested Property Rights and Development Agreement recorded November 15, 2007 es Reception No. 544081. 16. Terms, conditions, provisions and obligations as set forth in Conservation Easement and Agreement recorded November 15, 2007 es Reception No. 544002. 17. Easements, rights of way and all matters as disclosed on Plat of Subdivision Exemption for a Lot Line Adjustment: Amending Mesdag Property antl Lot 5, Rubey Subdivision recorded November 20, 2007 in Plat Book 85 at Page 76. 18. Those terms, conditions, provisions and obligations, as set forth in Deed Restriction Agreement and Declaration of Restrictjye Covenants far Lot 5, Rubey Subdivision recorded Novemher~, 2007 as Recepllon No. S~kF 89d ,deleting therefrom any restrictions indicating any preference, limitallon or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. 19. Any rlghts, Interest or easements In favor of the riparian owners, the Stale of Coloratlo, The United States of America, or the general puhlic, which exist, have existed, or are claimed to exist in and aver the waters and present and past bed and banks of Hunter Creek and right of way for the continued flow of Hunter Creek. PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on April 1, 2009, the Pitkin County Community Development Director granted approval for the Approving the Mesdag Activity Envelope and Site Plan Review (Case P130-08; Deter. #20-2009). The property is located at 0412 Red Mountain Road and is legally described as a parcel of land situated in the Northwest Quarter of Section 7, Township 10 South, Range 84 West of the 6`h P.M. The State Parcel Identification Number for the property is 2737-072-00-024. 'T'his site- specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. S/Cindy Houben Community Development Director Pitkin County, Colorado Published in the Aspen Times Weekly, on April 19, 2009. PUBLIC NOTICE RE: Mesdag Activity Envelope and Site Plan Review (Case P130-08) NOTICE IS HEREBY GIVEN that an application has been submitted by the T. Willem Mesdag 2008 Qualified Personal Residence Trust (0001 Oakmont Drive, Los Angeles, CA 90049) requesting approval of an Activity Envelope and Site Plan with vested rights to conduct landscaping that includes removal and planting of trees and potential earthwork. The property is located at 0412 Red Mountain Road and is legally described as a pazcel of land situated in the Northwest Quarter of Section 7, Township 10 South, Range 84 West of the 6~' P.M. The State Pazcel Identification Number for the property is 2737-072-00-024. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Mike Kraemer at (970) 920-5482. Published in the Aspen Times Weekly on November 30, 2008. Attention Adiacent Pronertv Owners A property owner receiving this public notice shall provide comments or objections to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, By December 30, 2008. If any objections to the development application are received the Community Development Department shall continue the application to a public hearing before the Hearing Officer. PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 8161 I (970) 920-5526 FAX# (970) 920-5439 November 18, 2008 Jim Potts 120 East Main Street Aspen, CO 81611 j im@landscapeworkshopinc. com Re: Mesdag Activity Envelope and Site Plan Review (PID#2737-072-00-024; Case# P130-08) Deaz Mr. Potts: The Plarming Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. Please note that it is your responsibility to mail notice by certified U.S. Mail to all adjacent property owners with the return address of the Community Development Department (copy of notice will be mailed to you by the Community Development Department) by (15 days out) November 30, 2008. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the mailing. Please submit the enclosed Affidavit of Notice by Mailing and a photograph of the posted sign as proof of compliance with the Code. A property owner receiving the public notice shall provide comments or objections to the Community Development by (30 days out) 30°i day of December, 2008. If any objections to the development application are received by this date, the Community Development Department shall continue the application to a public hearing before the Board of County Commissioners. 2 . By posting a sign in a conspicuous place on the subject property (as it could be seen from the neazest public way) on the 15`h day of December, 2008, which is at least fifteen (15) days prior to the (30 day out) December 30, 2008. This must be submitted prior to any approvals being granted. If you have questions, please call Mike Kraemer, the planner assigned to your case, at 920-5482. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit Code Section 2-20-100 County of Pitkin State of Colorado } ss. AFFIDAVIT MAILING Pi PITKIN COj CODE SECS Applicant to the Pitkin County Development Permit, personally public notice requirements pursuant to Section 2-20-1(10 of the 1 the following manner: By mailing of notice, a copy of which is attached hereto, by certi least 2 weeks prior to the public comment deadline to all owners property, as indicated on the attached list, on ~~,, (D , 2001 deadline of _~)(~."'~` , 2008). The names and addresses of tI those on the current tax records of Pitkin County as they appeare public comment. NOTICE & UANT TO Y LAND USE v 2-20-100 _, being or representing an y that I have complied with the County Land Use Regulations in ed, postage prepaid U.S. Mail at ~f property adjacent to the subject (which is 15 days prior to the adjacent property owners shall be no more than 60 days prior to the 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the _D>`.G. _ ~ , 2008, which is at least fifteen (15) days prior to the public comment deadline. A photograph of the posted sign is attached hereto. Applicant's name Signature Signed before me this 1 ~~- day of i~-«~--~-- 200~by WITI~IESS MY HAND AND OFFICIAL SEAL My commission expires:_ ~ z-~~~i 1 z .~ ~ ~ Notary Public Notary Public's retaker Dwellint; Unit ALEXIS 12121!2011 off' (Attach photograph here) r' c. } ~ i 9 ~. ~',~ .:<, .. `' °'. `: , s *:N, :~ ~' s ei., ,F ,rA:~'ti~ ~. ~, , i ~~, #345602 nbn74/92 11:?C• Rec $.OrJ $FC 690 FG 166 ~ ~ ~ilvia Uavis, Fitkin Cnty Clerk, Doc $.0~7 :; ~, RESOLUTIO!? NO. 92 'i3 _ ~`"'' ;a RESOLUTION OF THE 80ARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY ING THE ~ REVO:CING RESOLUTION NO. 86-69 AND FURTHER AUTHORIZ ECTIVE COVENANTS RECORDED IN BOOK 521 AT PR , d~, OT REVOCA'CION OF CERTAIN 387 AND RE-RECORDED IN BOOR 528 AT PAGE 346 PAGF; W T T N E S S E T H: WHEREAS, on July 14, 1986, after a public hearing, Resolution Board of Commissioners was approved, which t y 86-69 of Pitkin Coun Resolution was recorded in Hook 514 at Page 740 of the records of Pitkin County, said Resolution granted detailed and final plat submission approval for the subdivision of property at 0410 Red d ~¢.`i° Piountain Road, which property is described in Exhibit "A" attache hereto and incorporated herein by this reference, hereinafter j~_,. referred to as the "Resolution", and pursuant to the Resolution, on October 27, 1986, the WHEREAS , Chairman of the Board of County Commissicners of Pitkin County the Siena/Red Mountain Subdivision, f ,., ,Lll,y or executed the ginal plat hereinafter referred to as the ^Plat", which Plat was recorded in Book 19 at Page 16 of the records of Pitkin County, Colorado, and a, WHEREAS, pursuant to the Resolution certain protective ere recorded for the benefit of Pitkin County in Book t s w covenan 387 and re-recorded in Book 528 at Page 348, for Lots P aqe 521 at 1 and 2, Siena/Red Mountain Subdivision, and both Lots 1 and 2 0! the Siena/Red Mountain WHEREAS , Subdivision have been acquired by a single purchaser, and WHEREAS, that single purchaser desires to terminate the ~. f the property referred to herein, n i i i o o v s subd NOW, THEREFORE, BE IT RESOLVED, the Board of County hereby revokes in its entirety the t i I,~ y, n Coun Commissioners of Pitk ranted pursuant to Resolution 86-69, and hereby revokes ls g appruva the Plat recorded in Plat Hook 19 at Paqe 16 as if said Resolution. d , had never been passed, and as if said Plat had never been recorde and FURTHER, BE IT RESOLVED, that the Board of County Commissioners of Fitkin County, hereby grant their approval to the d revocation and termination of those Protective Covenants recorde on October 27, 1986 in Book 521 at Page 387, which Protective Covenants were re-recorded on January 20, 1987 in Book 528 at Page 348, and BE IT FURTHER RESOLVED, that any and all conditions of Siena/Red Mountain Subdivision as f th e approval of the creation o ntained in the Resolution as noted on the Plat, including but not co limited to park dedication fees, employee housing fees, and are hereby terminated and to the extent ts , easements gran ~~ it i e , ,,, ~~ t. ' { ~ '~ ~ ~x .cam /tF"~ ~`L`'%~°~ v ~~y a ~~~ .. € ~k, y r. ~i~`sf` ,x i„5: 'k ~ 0.h ~~.T~ :. i 4345602 nb/09/92 11:2G Fec S. UD BY 680 F~ 166 Silvia Uavis, Pitkin Cn ty Clerk, Doc S.u0 RESOLUTION NO. 92 h3 REVO (ING NRESOLUTION~NO.F 86-U69y AND IFURTHERS AUTHORIZING UTHE PAGFO.'C387 ANDFRE RECORDEDa IN BOO (528 AR PAG£C34g ED IN BOOK 521 AT W ITN E S S E T H= i :: "k ~yw, s". sa ^~rr r, .n:'; 's. '~, 'S :: WHEREAS, on July 14, 1986, after a public hearing, Resolution 86-69 of Pitkin County Board of Commissioners was approved, which Resolution was recorded in Book 514 at Page 740 of the records of Pitkin County, said Resolution granted detailed and final plat submission approval for the subdivision of property at 0410 Red Mountain Road, which property is described in Exhibit "hereinafter hereto and incorporated herein by this reference, referred to as the "Resolution", and WHEREAS, pursuant to the Resolution, On October 27, 1986, the Chairman of the Board oP County Commissioners of Pitkin County executed the final plat for the Siena/Red Mountain Subdivls ion, hereinafter referred to as the "Plat", which Plat waCOloradoedand Book 19 at Page 16 of the records of Pitkin County, WHEREAS, pursuant to the Resolution certain protective covenants were recorded for the benefit of Pitkin County in Book 521 at Page 387 and re-recorded in Book 528 at Page 348, for Lots 1 and 2, Siena/Red Mountain Subdivision, and WHEREAS, both Lots 1 and 2 of the Siena/Red Mountain Subdivision have been acquired by a single purchaser, and WHEREAS, that single purchase[ desires to terminate the subdivision of the property referred to herein, NOW, THEREFORE, BE IT RESOLVED, the Board oP County Commissioners of Pitkin County, hereby revokes in its entirety the approvals granted pursuant to Resolution 86-69, and hereby revokes the Plat recorded in Plat Book 19 at Paqe 16 as if said Resolutior. had never been passed, and as if said Plat had never been recorded, and FURTHER, BE IT RESOLVED, that the Board of County Commissioners of Pitkin County, hereby grant their approval to the revocation and termination of those Protective Covenant~rotectava an October 27, 1986 in Book 521 at Page 387, which Covenants were re-recorded on January 20, 1987 in Book 528 at Page 346, and BE IT FURTHER RESOLVED, that any and all conditions of approval of the creation of the Siena/Red Mountain Subdivision as contained in the Resolution as noted on the Plat, including but not limited to park dedication fees, employee housing fees, and easements grants, are hereby terminated and to the extent Y `o ~+ 'fax ~~.5 .~ ,* y ., kf d r i ~e ~ ~~ d .~, `4t` ^ a ~;~ ~ ~1 ~1~ r`~ ~°.ay^,< va "~~ 5 w ~}. ¢~ ~ k'' j ", ~ 3`j i~~ °ry~, ~. 4 ~ ' Sh4 /~~ _ ..fit M +~,~- a iM~'s ~ .'~.w tF ,_ #345602 06/09/92 11:20 Rec 5.00 BI: 6B0 PG 167 Silvia Davis, Pitkin Cnty Clerk. Doc 2.00 necessary, vacated by the Board of County commissioners of Pitkin - County, as if said easements and fees had never been required. Furthermore, to the ertent necessary, all easements as noted an the Plat or in the Resolution are hereby vacated 6y the Soard of county - Commissioners of Pitkin County. BE IT FARTHER RESOLVED, that this Resolution shall be null and void and of no force and effect if Abbott Enterprises fails to t` become the owner of the subject real property on or before May 1, 1992, and BE IT FURTHER RHSOLVED, that the Chairman of the Board of j:.; County Commissioners of Pitkin County, Colorado is hereby t° authorized to execute such further documents as may be necessary to ~~.. implement the torms hereof in his reasonable discretion. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE '~~ DAY OF .YYI r.~..~- , 1992. NOTICE OP PUBLIC HEARING PUELISHED IN THE ASPEN TIMES ON THE °1(~'DAY OF ~~~.P. 1992. APPROVED AND ADOPTED UPON BECOND READING PSID AFTER PUBLIC HEARING ON TH6 ~ DAY OF /)f G~c+~.~ , 1992. PU LISHED AFTER ADOPTION IN THE ASPEN TIMES ON THE DAY OF 1992. -- A ST: ~~ 'i nette Jo puty Clerk Recorder HOARD OF COUNTY COMMISSIONERS OP PITKIN COUNTY, COLORADO /"Chainm~ n~~ Date: APPROV AS TO FORM: APPROVED: /` ~~J~ John E Reid Hauqhey tr' Assist nt my Attorney County Manager ~ 1,:, ~~5a~- :.,. ~~~ .> ,p {rv~~ yx ~~ # ,~` ~~, '~_., ~: Q~_ k RECEPTION#: 541397, 08/28/2007 at 11:03:52 AM, 1 OF 3, R $0.00 Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR APPROVING THE MESDAG/RUBEY REQUEST FOR A SUBDIVISION EXEMPTION FOR A LOT LINE ADJUSTMENT TO GRANT THE MESDAG PARCEL 2.251 ACRES Decision No.~-2007 RECTT ALS 1. Lisa Ann Mesdag (hereinafter "Mesdag) and Marian Neal Lyeth and Southwest Guraranty Tmst Company (hereinafter Rubey) (collectively, "Applicants"),have applied to [he Community Development Director of Pitkin County, Colorado for a Subdivision Exemption for a Lot Line Adjustment to allocate 2251 acres from the Rubey property to the Mesdag property. 2. The properties are zoned R-30. Mesdag=1.635 acres (79,932 sq. ft.), and Rubey=13.972 acres (608,620 sq. ft.). Both lots are conforming in size. The resulting Mesdag property will tota14.086 acres and the resulting Rubey property will be 11.721 acres. 3. The Mesdflg properly is located at 412 Red Mountain Road and is more specifically described in Exhibit A. The Rubey property is located at 300 Red Mountain Road and is described as Lat 5, Rubey Subdivision, 4. The Director finds [hat [he proposed Lot Line Adjustment complies with applicable standards of the Land Use Code found at Subsection 2-30-20(8)(4). THE DII2ECTOR DOES HEREBY APPROVE request for a Subdivision Exemption for a Lot Line Adjustment, subject to [he following conditions: 1. Prior to submission of any future Building Perini[ applications, Applicants shall prepare, end submit to Community Development for review and recordation, a lot line adjustment plat for the two properties consistent with the requirements of the Land Use Application Manual. The lot line adjustment plat shall include a plat note [hat states that [here is to be no increase of potential floor area for the Mesdag parcel (parcel ID 273707200024) by virtue of this lot line adjustment. 2. The Mesdag parcel (paroel ID 273707200024) shall be increased by 2.251 acres to a total of 4.086 acres, but shall not increase the potential Floor area for the parcel. Floor area calculations shall be taken from [he original lot size of 1.835 acres. 3. Prior to issuance of a building permit for the Mesdag parcel, [he existing s[abletbam located in the adjusted area shall be removed. 4. Applicants shall adhere to all maMrial representations made in [he application. 5. Failure to comply with [he wnditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to either or both of the properties, or vested rights associated with either or both of the properties. RECE PTIONB: 541397, 08/28/2007 at 11:03:52 AM, 2 OF 3, Janice K. Vos Caudill, Pitkin County, CO APPROVED: (C'///n~~~ (` c` /, n.u~\~ Cindy~u cn Community Devclopmenl Director Date: /~.~„ 23 2007 ~- P057-07 PIDN273707200024 (Mesdag), 273707203005 (Rubey) RECEPTION#: 541397, 08/28/2007 at 11:03:52 AM, 3 OF 3, Janice K. Vos Caudill, Pitkin County, CO LEGAL DESCRIPTION A PARCE OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 7, TOWNSH~P 10 SOUTH, RANGE 84 WEST OF THE 6TH PRINCIPAL MERIDIAN, AND BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE CORNER N0.14 OF THE BROWN PLACER, USMS NO. 15047 BEgRS N 66°50'59" E 211.55 FEET, THENCE F~ 73°05'30" E 286.06 FEET, THENCE B 20°37'00" W 150.12 FEET, THENCE S 50°00'00" W 790.00 FEET, THENCE 85°32'00" W 131.07 FEET, THENCE Oi°54'00" W 198.00 FEET, THENCE 24°13'00" E 151.03 FEET TO THE POINT ON BEGINNING. FORMERLY KNOWN AS LOTS 1 AND 2, SIENA-RED MOUNTAIN SUBDIVISION. DEED OF TRUST APPARENTLY UNRELEASED Michael Kraemer From: RShaw@designworkshop.com Sent: Friday, March 27, 2009 1:25 PM To: Michael Kraemer Subject: RE: Mesdag application The information about the Mesdag property was provided in a voice message last week. Essentially, last September Lisa Mesdag converted the ownership to the Mesdag Family Trust. This is the information provided in the letter from the Attorney's indicating ownership of the property. If you have any other questions, please let me know. Richard Shaw Principal dES1GM"~~QItKSHUI' 120 Main Simet ~ A S L A Aspen, Colorado 81611 970 920-4005, 6ct. 5113 (direct) n ~ O G 970 925-8354 (main) 4,AN(}SCAPE hltD://www.desianworkshoD.com ARCH{T ECTURE PIRM OF FHE YEAR Confidentiality note: The above email and any attachments contain information that may be confidential antl/or privileged. The information is for the use of [he intlividual or entity originally intended. If you are not the intendetl 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. ._._.._~.~____.___.____-_ __ _-~-_____--__ ___..._ .__~.__-- ---- -~-__._._._.~_..__u.__..._---_ _ __.~ ___~__-.. .~~_ R..___ __, 1 ., ~ n ~"r, Pt-, ,~~ lid ~ , ~6 3~ a. 8 _ .. 20e ie F - 9 TS :~ l }. _ __ ~_ .. _ ._..~ fvV _. e .~._:~w .pe -1^ ,:.JPs ^i ~~ t ;,: -'.a.:yi: ~____..-_ d".i- ___ c., _- - N -...9 4i-__ ... ~- rs tk'!t _ ...T ~ r 9 C; i. d A i$° b,..iy 12 Shy r- ilF .a.. . ~ ~.. ~_ _.~5 _~.1 Sc+~ _ _ v a- ~~ 1 ~ _v .. ._ _ . -:~ r«. .. ..~ - . ~ - c .. S A' ~~ 3i ... _. ~ ''%r ~, 1 ~. _ F 1 1 4 ~~. ._ -~._ - - n ---:._ j I - I Y+y1:.e :Uric+. , ,_ ,: ~~ f ~-< ~e ra"' Z h _ x ~ ~... .~l_. ~._. a x~ n ,_ R - . hi~ E gR .4 G ~~ PITKIN C~NTY COMMUNITY DEVELOlIENT Permit Receipt RECEIPT NUMBER 00026995 Name: T Willem Mesdag Date:11/12I2008 Project Address: 412 RED MOUNTAIN RD Type: check # 0887 Permit Number Fee Description Amount 0130.2008.PLAN PP- Flat Fee 5,988.00 0130.2008.PLAN PP-Clerk Tech Fee 25.00 0130.2008.PLAN PP- Public Notice Fee 54.00 Total: 6,067.00