HomeMy WebLinkAboutpitkin.planning.273512300009DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE 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
Plat copies (11x17)
,. ,
RESOLUTION OF TfIE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO
GRANTING SUBDIVISION EXEMPTION TO JAMES MOLLICA
Resolution No. 80 -
WHEREAS, James J. Mollica is the owner of record of approximately one
acre of real property located adjacent to the base of Shadow Plountain in
Pitkin County, Colorado, and
WHEREAS, James J. Mollica has requested subdivision exemption for the
conveyance of 3,475 square feet to the owners of an adjoining tract,
Ronald Garfield, Andrew V. Hecht and Frank Woods, III, in exchange for an
access easement totalling 3,478 square feet, and
WHEREAS, the Board of County Commissioners has determined that this
request is consistentwith the provision of Section 4-2.2(a)(2) of the
Pitkin County Land Use Code.
NOW, THEREFORE, BE IT RESOLVED by the Board cf County Commissioners of
Pitkin County, Colorado, that a subdivision exemption is hereby granted to
James J. Mollica-for a lot line adjustment of 3,475 square feet to be conveyed
to the owners of the adjoining tract, Ronald Garfield, Andrew J. Hecht and
Frank Woods, III, in exchange for a 3,478 square foot access easement.
Approved by the Board of County Commissioners at its regular meeting on
December 22, 1980.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
by
Michael Kinsley, Chairman
ATTEST:
APPROVED AS TO FORM:
County Attorney
MEMORAPIDUM
T0: Board of County Commissioners
FROM: Richard Grice, Planning Office
RE: Mollica Subdivision Exemption
DATE: December 3, 1980
The attached letter of application requests approval of a subdivision exemption
for a lot line adjustment, The subject property is located on Seventh Street
adjacent to Shadow Mountain. The purpose for the lot line adjustment is to
provide for an access which would be more complimentary to topography. This
is to be accomplished through a land exchange.
The application was referred to the County Engineer who comments that he
sees no apparent problems with the request.
The Planning Office recommends approval of the subdivision exemption without
conditions.
~ t ..
EASEMENT AGREEMENT
THIS INDENTURE made this day of ,
1980, by and between RONALD GARFIELD, ANDREW V. HECHT, and
~I FRANK WOODS III (hereinafter referred to as "Grantors"), and
~~ JAMES J. MOLLICA (hereinafter referred to as "Grantee"), all
i~
of Pitkin County, Colorado.
~ W I T N E S S E T H:
~~ WHEREAS, the Grantors are the owners of a parcel of
it
~ real property situate in Pitkin County, Colorado and more
particularly described on Exhibit "A" attached hereto and
incorporated herein by this reference, which parcel adjoins a
parcel of real property owned by Grantee, situate in Pitkin
County, Colorado and more particularly described on Exhibit
"B" attached hereto and incorporated herein by this reference;
li and
~, i
WHEREAS, Grantors have agreed to convey unto
Grantee, his heirs, successors, grantees, and assigns, an
easement of right of way for the mutual covenants and con-
ditions hereinafter set forth;
NOW THEREFORE, in consideration of Ten Dollars
($10.00) and the mutual covenants contained herein, the
receipt, sufficiency, and adequacy of which are hereby acknow-
ledged, the parties mutually agree as follows:
1. Easement. Grantors hereby convey and grant unto
the Grantee, his heirs, grantees, and assigns, an easement and '
right of way across the property of Grantors, above-described,
for access to the property of the Grantee. Such easement
shall be .twenty (20) feet wide and shall commence at the
southwestern corner of the property of Grantors and shall run
along the western boundary of that property until it reaches
the northwestern corner of said property. However, if the
ji owner of the property described in Exhibit "B" is required by
i
it
1--
any applicable governmental authority to have a thirty {30)
foot easement, then the then owner of the property described
in Exhibit "A" shall expand the easement so that it is a total
of thirty (30) feet wide. The easement herein granted is more
fully described on Exhibit "C" attached hereto and incor-
porated herein, and is depicted on Exhibit "D" attached hereto
and incorporated herein.
2. Construction, maintenance, and landscaping. The
Grantee does hereby agree to construct a "roughed in" roadway
across such easement, and to maintain such roadway in good and
passable condition. Further, the Grantee agrees to landscape
and revegetate the area in and around such area to provide
minimal environmental impact to the surrounding property and
to conform such roadway to the topological and esthetical
qualities of the community. The roadway shall be approxi-
mately twelve feet wide. At such time as a residence has been
constructed upon the property described in Exhibit "B", the
then owner of such property shall be obligated to upgrade the
surface of the roadway to a minimum of "chip and seal" surface.
If such upgrading has not been finished within one year after
the obtaining of a certificate of occupancy for the residence
so constructed on the property described in Exhibit "B", the
easement herein granted shall terminate.
3. Reservation of use to property of Grantors.
Grantors, ho~.vever, reserve unto themselves, their successors
and assigns, the privilege of utlizing the roadway constructed
upon their property for the same purpose that such roadway may
be used by Grantee provided such use by Grantors shall not
interfere with the rights of Grantee.
4. Use of land of Grantee. Grantee hereby cove-
nants and agrees for himself, his heirs, grantees and assigns,
in consideration of the conveyance to Grantee of the above-
described easement, that for so long as such easement is in
- 2-
effect, the owners of the property described in Exhibit "B"
will not permit construction of any improvements having a
greater density than a single-family dwelling unless and until
the owner of the property described in Exhibit "A" constructs
on that property improvements having a greater density than a
single-family dwelling. Once either of .the conditions for
termination of the covenant contained in this paragraph is
met, the then owners of the respective properties shall exe-
cute a release of the covenant contained in this paragraph and
file such release with the Clerk and Recorder of Pitkin
County, Colorado.
5. Lot Line Adjustment. As partial consideration
'I for the granting of the easement, Grantee agrees to apply for
i! approval from Pitkin County for a lot line adjustment so that
i
I Grantee may (and shall) convey to Grantor that certain portion
ii of Grantee's property containing approximately 3475 square
~i feet located in the northerly part of Grantee's property. The
specific portion to be so conveyed is depicted on Exhibit "D"
~~ hereto and is located on such Exhibit "D" within the property
~j designated thereon as "Parcel nl of Exhibit A". Upon receiv-
ing approval from Pitkin County for such lot line adjustment,
Grantee shall convey to Grantor by quit claim deed the approxi-
mately 3475 square feet of property. In the event that
~! Grantee has not so conveyed such property within six months
from the date hereof, this Easement Agreement shall terminate.
6
himself and
Indemnification.
for all successor owners of the property described
Grantee hereby agrees for
in Exhibit "B", to indemnify, hold harmless and defend the
Downers of. the property described in Exhibit "A" from and
against all claims and liabilities arising from construction
of the road or from use of the road. At any point in time,
this indemnification shall be the obligation of the then
owners of the property described in Exhibit "B", and not the
-3-
obligation of any owners prior to or after that particular
point in time.
7. Prior Easement. Depicted on Exhibit "D" hereto
is a parcel of land described as "Parcel 2 of Exhibit B", and
depicted therein is a thirty (30) foot right of way for the
benefit of the property described on Exhibit "A" hereto and on
Exhibit "B" hereto. For so long as the easement herein granted
is in existence, Grantee hereby covenants with Grantor that
the owners of the property described in Exhibit "B" shall not
be entitled to use such right of way which is depicted within
such "Parcel 2 of Exhibit B" as depicted on Exhibit "D" hereto.
8. Covenant running with the land. r^or so long as
the same shall be in effect, the rights above granted shall be
a burden and benefit of the respective properties herein
described.
IN WITNESS WHEREOF, the parties hereto have executed
this Easement Agreement on the day and year above first
written.
GRANTORS:
Ronald Garfield
Andrew V. Hecht
Frank Woods III
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
GRANTEE:
James J. Mollica
The foregoing instrument was acknowledged before me
this day of , 1980 by JAMES J.
~; MOLLICA.
WITNESS my hand and official seal.
My commission expires:
Notary Public
-4-
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me
this day of , 1980 by RONALD
GARFIELD, ANDREW V. HECHT and FRANK WOODS III.
WITNESS my hand and official seal.
My commission expires:
Notary Public
-5-
}~
t,. k ,
- EXHIBIT "A"~
A tract of land in Lot 13 (From Th'P i'lat b}• l;ithcrs approved .Jul.}• 15, 1539),
Section 12, Toc.nship 10 South, P.ani:e SS l:cse. Si.~ah 1'rincipnl :(cridian, bei.no
part of the "Stitzer Entr}'" described as follaa:
£•eginning at a point, a fence corner ir, place, bein; 2°2.61 fee[ ?:orUi G!°].9'].5°
Kest from the 28" r. 14" x 10" -rock a:i tncss corner nr~nna~ant seC Cor the ::fitness
point for the South quarter corner oC Section 12 (~:•.itness corner r:or,unc~tL' shoc.n
in CutshacJ notes and p1aC approved t?nvembct S, 1883); said rocL bein; 78.$7
feet P:orth 78°10'30" Y?cst from an unapyrovcd 1`)54 huisau of Laud Nnnagcr.:ent
Erass Cap stamped as witness corner, -
thence South 41°19'50" East 62.56 feet ~ilong a fence J.ine to the fence corner,
thence South 61°02'15"-west 84.61 feet along a fence line to the fence'corner,
thence South 71°12' t:'est 151.41 feet along a fence line to Che Easterly line
of propert}' described in Book 1S2 at ya;e 1.83, Yitkin County records, '
thence Morth 23°19' k'est 170.56 feet along the Easterl}• line of property described
in Book 182 at page 183,
thence North 54°00' East 126.00 feet;
thence Ilorth 61°56'10" East $0.00 feet=
thence South 28°20'55" East 149.82 feet to the point of be~inn:ing~.
TOGETIIE[: with a 30-foot perpetual right-oC-c;ay and uCili.Cy ensenicnt upon, over,
along, across and under the real ,property described as follows:
Eeginning at the above-described point of beginning,
thence North 70°25' East 30.3 feet-
thence North 28°20'55" i•?est 154.30-feet;
thence South 61°56'10" i?est 30.00 feet:
thence South 28°20'55" East 149.52 feet to [he point of beginning,
y. hl in the County of ~Yitkin, State of Co].oradn.
-- f
EXHIBIT "B"
A tract of land in Lot 13 (from T47P Plat by 47ithers approved
July 18, 1889) in Section 12, To:anship 10 South, Range 85 S~7est
of the 6th Principal Lleridian, being part of-the "Stitzer Entry"
described as follo;•is:
BEGINNING at a point, a fence corner in place, being 282.41 feet
North 66°19'15" Pest from the 28"x14"x10" rock Witness Corner -
N.onument set for the iVitness Point for the South one-quarter (~)
corner said Section 12 (iPitness Corner L•'onument shown in Cutsha~,~ '
notes and plat approved IvTovesoer.8, 1888) said rock being 78.57
feet North 78°10'30" 47est from an unapproved 1954 Bureau of Lana
Pianagement Brass Cap stamped as Witness Corner;
thence North 70°25' East 132.33 feet to line 2-3, United States j
24ineral Survey ;;421 1, Homestake Claim;' 1
thence South 09°37' East 200.25 feet along said Line 2-3, to
property described in Boot. 243 at Page 894 in the records of
Clerk and Recorder of Pitkin County, Colorado; - ,
thence South 82°26' 47est 312.13 feet along the Northerly line of
property described in Baok 243 at Page 894 to the carner of
property described in Book 182 at Page 183;
thence North 23°19' West 62.56 feet along the Easterly line of
property described in Book 182 at Page 183;
thence North 71°12" East 151.41 feet along a fence line to a
fence corner;
1
thence North 61°02' 15" East 84.61 feet along a fence Iine to a ~
fence corner; ;
thence North 41°19.' 50" West 62.56 feet along a fence Line to the
Point of Beginning, - j
Pitkin County, Colorado_
i.
EXHIBIT C
~_ s_p of land 20 feet vide situated in Section 12, To,+ns`.>j, +_`- _"
!'lest of the 6'° P. i;. Pitkin Count Colorado_ `.*`
C 3cut'si, Range 8j , Y, c ' .;: `- ;"-:
being the southv;esierly 2G feet of that parcel 'of land descri_oec~
as "EXl:itit C" of Civil Actior. No. 4862 Pitkin County, Colorado ~•- -_
_ '`
descr=bed. as fe].lot'as: ~~
~eginnin za ihe~ Southv~est corner of said "Exhibit' C_''!;' _
whence t'r.e original rock :~ritness corr!er monur.~ent set for tk:e
Louih ~ corner of :aid Section 12 Dears N.71°12'E. 151.11` ; ;, ..
feet, ;1.61°C2'15"E. 84.61 feet, and 5.7j°00'E. 227.25 Y`e.et'
hence N.2~°ly'!Y. 170.86 feet along the souihr~esterly .;'`. ~.='•:= •:
~:. ,
'.ine ~o +.he Jvorthwest corner of said "Exhibit C" ~ _-
inence ii.51~°OG'I: 2G.50 feet along the northt,esterly~„ >~
i_•Le OI' ;E:1d "1sXh1 D1t G" _ ~ - c_-;
'~~snce 5.2~`1?'E. 176.94 feet to a point on the - _-
sonihc:ly boundary of said "?;'shibit C" `
,.; ~.
`. ;;
'iher.ce 5.71"12'!'1. 2G.06 feet tilong tue southerly ~;`.°
1 ine of said "~.~;hibi'.. :;° io tl-ie point o° beginning _ ~ `<''~_,
con:,aini:.g 3,178 sgt4~re feet more or less. f ~ ~•
,.:i;'
- - ~ .%
- ~'
>~~ - -
Y
4 ..i
~ ,r' y,
y .
!.~
• ;C, .
- _ ~-•1?.rte.
• i_ ,~.~
ac.
T ~V
t~1 ~-
i:':
Aspen/Pitki
130 s
aspen
MEMORANDUM
T0: Pat Dobie, County Engineer
Holy Cross Electric Association
Mountain Bell
treet
X1611
FROM: Richard Grice, Planning Office
RE: Mollica Lot Line Adjustment - Subdivision Exemption
DATE: October 27, 1980
The attached application requests approval for the adjustment of a lot line
on the property bordering West Seventh Street and Shadow Mountain. This
item is scheduled for review before the Board of County Commissioners on
December 8, 1980; therefore, may I have any comments regarding this request
no later than November 28, 1980? Thanks.
Wing Office
pitkin county
506 east main street
aspen, Colorado 8'16'1'1
M E M O R A N D U M
TO: Richard Grice, Planning Office
FROM: Patrick Dobie, County Engineer
DATE: November 19, 1980
RE: Mollica Lot Line Adjustment
I see no apparent problems with this request. It
appears advisable to inspect the site to determine
its suitability for development before any new access
route is allowed.
'• Nicholas Lampiris, PhD
p CONS ULT~NG GF OL OGIST
PO BO% 10936
ASPE N, COLORADO 81611
(303) 925-6020 OFF. 923-2126 RES.
May 8, 1978
Jim Mollica
300 East Hyman Avenue
Aspen, Colorado 81611
Re: -Marolt Property
Dear Jim:
Z have completed my study of Parcel //1 of Exhibit A (see accompanying
maps) which is an irregularly shaped lot less than an acre in area.
The property lies at the base of Aspen Mountain (Shadow Mountain) in
the SE '~, SW i4, Section 12 (projected)., T. 10 S. R. 85 W. within
the Aspen 7s minute-quadrangle, Pitkin County, Colorado.
The parcel is roughly L-shaped and is covered by sagebrush and other
shrubs with conifers being dominant in the upper portions of the pro-
perty. The northern extension of the property is very flat and is a
very good building site from a geologic point of view. The remainder
of the property is moderately steep but with a gently northwest dipping
bench which should make a suitable building site.
Although the geologic map of the Aspen quadrangle designates the sloping
part of the parcel as a talus slope, I would classify the material as
colluvium due to the lack of a significant number of loose, surficial
boulders. The flat northern portion of the lot is part of the glacio-
fluvial terrace of glacier "b" which came down the Roaring Fork Valley
during the Pleistocene age. This material consists of poorly sorted
silts, sands, gravels and boulders.
The underlying bedrock at the site is unknown but is either the Pre-
cambrian age granitic rock of the region, or one of the Paleozoic sedi-
mentary rocks which crops out on nearby Aspen Mountain. These rocks
are ex[etsively faulted on Aspen Mountain but the geologic map shows
none of these faults trending across the property and I saw no evidence
of faulting on the site. The lot lies on the steeply dipping west limb
of a syncline which trends in a northerly direction through Aspen.
There is a tunnel entrance near the re-entrant angle of the property but,
judging from the small tailing pile associated with the opening, I con-
clude that any tunnel was not of significant enough extent to adversely
affect either building site. There are portions of the lot which could
be affected by rock falls but neither potential building site is parti-
cularly susceptible, especially if the upper site is held toward the
J .
-- Jim Mollica
May a, 197s
Page Two
north side of the bench away-from a vaguely defined gulley in which
the few loose boulders were concentrated. It is probable that many of
the boulders which are present in and around the lot fell during the
mining days when activity was at its highest and there were very few
trees standing to impede the progress of material from above. The
avalanche map of the Aspen quadrangle shows that slopes in the general
area are steep enough to produce small snow slides but that none should
reach either of the two possible building sites.
Nevertheless, I suggest that no windows be constructed in the uphill
facing walls of .any home built on this lot (except as skylights or
second story windows). Also, I recommend that these uphill facing
walls be of at least 8" reinforced concrete to a height of at least 4'
above grade. Care should be exercised during excavation of the upper
home site in case an unforeseen tunnel or shaft becomes evident.
Wells in this area have been generally successful due to the fractures
associated with the faulting in this area. Water should be available
within 150 feet of the surface. I suggest drilling on the lower flat
part of the lot. Waste disposal through the use of a septic system and
drain field should be quite suitable in the soils of this lot.
Access is already available to the lot through Parcel 912 from the north.
This access is especially convenient for the lower site but may be used
for the upper site as well by either walking up steps to the upper home
site or by cutting a driveway along the lower of the west trending pro-
perty lines until the level of the bench is reached. Another possibility,
if easement can be acquired, is to come in from the west and link up
with the remnant of an old road on the lot which leads directly to the
upper home site.
There should be no unusual problems in the development of either site if
the above recommendations are followed and if a soils engineer is consulted
for design of the home foundation and the septic system. Please do not
hesitate to contact me if you have further questions.
Sincerely,
~// ~
"r(f~~l "V 1~
Nicholas Lampiris
Consulting Geologist
References
~~Bryant, Bruce, 1971, Geologic map of the Aspen quadrangle, Pitkin County,
Colorado: U.S. Geol. Survey, Map GQ-933. ,
'Bryant, Bruce, 1972, Map showing areas of selected potential geologic
hazards in the Aspen quadrangle, Pitkin County, Colorado: U.S. Geol.
Survey, Map I-785-A.
I '•., Jim Mollica
May 8, 1978
Page Three
Bryant, Bruce, 1972, Map showing ground water potential in the Aspen
quadrangle, Pitkin County, Colorado: U.S. Geol. Survey, Map I-785-B.
Bryant, Bruce, 1972, Map showing mines, prospects, and areas of signifi-
cant silver, lead, and zinc production in the Aspen quadrangle,
Pitkin County, Colorado: U.S. Geol. Survey, Map I-785-D.
Bryant, Bruce, 1972, Map showing avalanche areas in the Aspen quadrangle,
Pitkin County, Colorado: U.S. Geol. Survey, Pfap I-785-G.
c.J ' j_. _-~ r
v / jrr~~y~'.
`C 7
>=,d.?\
/ J~
~ ~i u ~ ~ < i
i ~ i ~
\~ ~ ~
~' ~ ~ ~'~-
~ ->
~ -~
~ ~ ~ .s
,:~ ~, .,
1 ~ `~
\ \ \' ~\
~ _ \ \~ ~ ~ y
\\\,,~,,~ ~ \1~~
\ ~ ~~~~~ ~ ~~: s.
,~
y~ i ~ /O \
\ _ °
b ~ ' ~O.-7 \ \ \ \
`\ \ \\ ~ ~ \
~ ~ - ~ ~ 0. f- a - 3 e
_ ~ ~ +. e ;
J
P.O. BOX 4902, ASPEN, COLORADO 8]611 TELEPHONE 303ry253808
III. One or Two Dwelling Unit Potential
.~;hile duplexes are prohibited in the R-15 zone, the
county has issued permits for two houses on single
piece of property where area of lot allows two by
zoning, i.e., R-15 would need 30,000 sa.ft plus,
The Elk winter range would force consideration of
building permits under the full building Hermit re-
view procedure. This requires a hearing with 30 days
public notice in Aspen Times. This procedure would
apply for one dwelling also.
1. Smith property at Taggert Lake L• Hodges on Red ;.it.
Sincerely,
Hal Clark
l:-~l'i Z
_)~2r Jlr",
t
' our request I have gathered the follov:in~--..
o
ursuant
:
ti y
arding your property on Shadovr ,.:ountair.'
re
on
inforTa s
I. C.:~. U. Tar catia -
l V171 r:=Z'at'l i1 t~/- }11 ~f1• t'rr -~r~ _~ :inc. C';
vlsllc
d ii - ihi ~ o,:t no :. c ~~,.:~r.~~ .
'
,,._
nrside y,-:. f:oio viclC:i i. -c. .. ~;
~:cm co r~„
hou: c.
3 A riculture- not ;~~licabic
,
C Criticr_1 ~%int~r h:_:~~c- .,op: Ghe.• 1:'p;ie~ ,_rc'.:-tG `
. basE of Shado~:~ ;:t - critical •.:int2r r^n,',°. 1 _.
r;~~~ deny ~ubdi\~irion or. this E,rounc?alone, cr
reoui re covena::t : -e'.iibitin;; cods er~::::fl ^; o~-
cu}~:;r.ts.
D, Sno~:~ i,v,aench~- i;ot sl;o~•rr or, lo~,+er ~:iic.s.
n kiall i,ree- G,to~•~n a:'wE rro,,crt - '%ut no ,~:
S
E, oc
hou_eeiies leertec,
;', Slope- 10 ~ at ba~.e
~, Vel-ctation- Cori: c. ous
H, '.+i)_dfi re- none
I. Occupancy Lan^~- sno~sn a:: non-occu::a;,c~~ due ...
elk winter rank.
II. Sub division. ?ot~ati~l
Count; ie, in nroces~ c{ consi%erin- c:;e-ptior.r
'
"• ...
-r- } n fOr OnE 1G- JDClti1`-~O
City has adopter such erer~tption.
: Count~~ considers ~uodiviGior. arplicr.tions oni;
-
'
,, -- -
~lic=tionr for 197° ',rill ~o<_ cr.
:
-
,?
r.
cr.ce ye
e 1
1;''i ~.
on Uur
i
L
,
.
ce
Ylan^i r.~ c:-
ed by
-<
C, i,.ost serious ne°~:tiv=_ cor~struints fcr appro'~._- ~-
the elk winter ran e and potential 1ir^itation; o::
°~fr1D10\'ee HOU 51n~" `hhls aS SUiT'ie5 nEV; aCCe SS ezGe-
rl,cnt t0 rrOpGrt~' V: P.1 Ch WE dl SCL'sS2d.
~ POLICY OF TITLE IN~IRANCE ISSUED BY
GUARANTY CO~iPA\Y
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND
THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, STELVART TITLE GUARANTY
COMPANY, a corporation of Galveston, Texas, herein called the Company, insures, as of Date of Policy shown in
Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys'
fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by
reason oft
1. Title to the estate or interest described in Schedule A being vested othervrisa than as stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Lack of a right of access to and from the land; or
4. Unmarketability of such title
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its
duly authorized officers as of Date of Policy shown in Schedule A.
STE~s<1R7' TITLE
N"m~~"°+»,y
E GtARA\TY CON PAIY
tl
Coq ~'..
. 9y ~ ~Q
`
pPPeg9r~ y~ce:
~~- ~
' /
~~
:
19 0 6 o~=~
... ,= S'
' lV
~
Chairman of the Board
. d
SEX AS ,+"e
mnnnr+s' /~
President
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
t. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or
prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dim _nsions or location of any improvement nmv or
hereafter erected on the land, or prohibiting a separation in ownership or a reduction in :he dimensions or area of the land, a the effect
of any violation of any wch law, ordinance or governmental regulation.
2. flights of eminent domain or governmental rights of police power unless notice of the exerese of wch righ is appears in the public
records at Date of Policy. -
3. Defects, liens, encumbrances, adverse claims, or ocher matters lal created, suffered, aswmed or agreed to by the insured Gaimant, Ibl not
known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date
such claimant acquired an estate or interest insured by this policy and not dsdosed in c,.riting Dy the insured claimant to the Company
prior to the date such insured claimant became an insuredhereunder; Icl resuft,ng in no Wss or damage to the inwred claimant; fdl
attaching or created subsequent m Date of Policy; or (e) resulting in loss or damage which would not have been wsWined if the inwred
claimant had paid value for the estate or interest insured by this policy.
Page 1 of O ~) r .~ '( ,
Policy Serial No. `~ f ~S ~ _ '
' Order No.: 8501
Poli~No.: O 3230TH
Date of Policy: MAY 3, 1979 AT 8:00 A.M• Amount of Insurance: S 250,000.00
1. Name oflnsured: FRANK J. WOODS, ZII, as to an undivided 75% interest, aad
RONALD GARFIELD A~~ ANDREW V. HECHT, as to an undivided
25% interest
2. The estate or interest in the land described herein and which is covered by tfiis policy is:
IN FEE SIMPLE
3. The estate or interest referred to herein is at Date of Policy vested in:
FRANK J. WOODS, III, as to an undivided 75% interest, and
RONALD GARFIELD AND ANDREW V. HECHT, as to an undivided
25% interest
4. The land referred to in this policy is described as follows:
A tract of land in Lot 13 (from TLlP Plat by Withers approved July 18, 1889),
Section 12, Township~l0 South, Range 85 West, Sixth Principal Meridian, being
part of the "Stitzer Entry" described as follows:
ti
~ Beginning at a point, a fence corner in place, being 282.41 feet North 66°I9'IS"
LLWest from the 28" x 14" x 10" rock witness corner monument set for the witness
,point for the South quarter corner of Section 12 (caitness corner monument
shown in Cutshaw notes and plat approved November 8, 1888); said rock being
78.57 feet North 78°10'30" West from an unapproved 1954 Bureau of Land Management
Brass Cap stamped as witness corner,
thence South 41°19'50" East 62.56 feet along a fence line to the fence corner,
thence South 61°02'15" TJest 84.61 feet along a fence line to the fence corner,
thence South 71°12' TJest 151.41 feet along a fence line to the Easterly line
of property described in Book 182 at page 183, Pitkin County records,
thence North 23°19' West 170.86 feet along the Easterly line of property described
in Book 182 at page 183,
thence North 54°00' East 126.00 feet;
thence North 61°56'10" East 80.00 feet;
thence South 28°20'55" East 149.82 feet to the point of beginning.
TOGETHER with a 30-foot perpetual right-of-way and utility easement upon,
over, along, across and under the real property described as follows:
Beginning at the above-described point of beginning,
thence North 70°25' East 30.35 feet;
thence North 28°20'55" West 154.30 feet;
thence South 61°56'10" IJest 30.00 feet;
thence South 28°20'55" East 149.82 feet to the point of beginning,
All in the County of Pitkin, State of Colorado.
SCHEDULE A
Page 2 ti'1` is ~~".112,'1' 'lY I 1' I, is
OVAH.\]TY t'UMi\\]1'
~'` Order No. 8501
SCHEDULE . B
Policy No.: 0 323018
This policy does not insure against loss or damage by reason of the following:
1. R fights 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 uvhich 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 alien, for services, labor or material heretofore or hereafter furnished, imposed
by law and not shown by the public records.
S.Taxes for the year 1979 and thereafter, and any special assessment or charges
not yet certified to the office of the County Treasurer.
6.The right of the proprietor of a vein or lode to extract and reaove his ore
therefrom, should the same be found to penetrate or intersect the pretaises,
as reserved in United States Patent recorded December 3, 1892 in Book ~5 at
page 35.
7,Right.of way along a road as set-forth in instruments recorded is Book 183
at page:290,'in Book 183 at page .516, and in Book 186 at page 93.
$,Right of way and easement as set forth in instrument to Rocky Mountain Natural
Gas Company, Inc., recorded October 19, 1961 in Book 195 at page 465. (The
route of said easement is not set forth.)
9,2 fife Estate as reserved and set out in Deed from Sylvia Maurin to Sylvia Pfaurin
and &enneth J. Maurin and Mollie H. Maurin recorded January 14, 1976 in Book
307 at page 660.
lO.Any tax, assessment, fees or charges by reasgn of the inclusion of subject
property in Aspen Fire Protection District, Aspen DSetropolitan Sanitation District
and The City of Aspen.
11.Deed of Trust from Frank J. Woods, III, Ronald Garfield and Andrew V. Hecht
to the Public Trustee of Pitkin County for the use of Kenneth J, i•taurin and
Mollie H, Maurin to secure $200,000..00 dated May 1, 1979, recorded May 2, 1979
in Book 367 at page 689.
ti'1'E~~'_11:'1' '1'I'1'Z.ls
Page3 orsxwsrv coxt•.ar
tst3
sic ~.~=~.:~=: TITLE IivsURl~.P~~;~ ~,;r,.r.:;~~; of Dallas
.,., a,,
Commitment
for Title Insurance
t
USLIPE Title Insurance Cem party of Dallas. hpro~rn called the Corn pang for rateable ~onsice~anon. hrruby corn m~.is to ague ns polcy or policies
c! tale insurance. as identi&etl in Schedule A. in lavor of the proposec Insured named in Schedule A. as owner or monger gee of the estate or
interest covered hereby in the land describetl w retort ell ro in Schedule A. upon payment ct the premiums and cha~yes therelor: ail subject to
rtte provisions o1 Schedules A and 0 and to the Cond:pons antl SupulaM1n ns hereof
This Commitment shall be eHenive only when the identity of the prnntsed Insured -and rt.e arnoum of the poRCy or polices com mlued for have
been inserted In C_chedule A hereof by the Company, either at the time of the ssua nce of this Cn;nmi:ment or by subsequent endorsement.
This Commum ent Is prellminary tc the ass uance of such pchcy o~ poLaes of tale msw ante and all Lability and oblieatrons hereunder shall cease
_ and terminate siz (6) months after the ef!ecovc dale he~eo! of When ttc policy m policies comm~ued far ;hall issue. wh mhever first occurs.
p.oeided that the (allure to issue such pohcy m pnGc~es is na :rte lay. i'~ c` :re Company This C0.mmnment shall not be valid or binding until
eoumer signed bV art uurho~rsed (`ff4Ui er ayem '
P.spen Title Co.
f`~" IA A ril 19 1978 at 78-04-23 925-4444
1 EH t e c ate p , I';.r. ., :~~.G,;:r.. ' ~encd rc _ -- _-
2 P. c~ o i.ohavs to ba iss uu d. 8 : 0 ~ A. ?`..
A ALTA Ownin's Pnlr[y Prnpuv~d li~, u. va ,a ,,.
JAMES J. MOLLICA and/or nominee.
E A.TA Loan Pohry Plop .~sar't In~.uie„ .......
OPAL I~"ATZLDA ?9AROLT, F:EITH E. ?~.A1
JUDY ;1ARIE TESITOR and ViC3:I P.^;*;
,, : 75, 000.00
53,250.00
?OLT, PFGGY
1111 RO LT
Piemrur, s 277_. 0.0 _
5.00 tax cert.
25.00 ease searc
a,em~~m : 20.00
L,OUISE EC?:E1'RODE,
r
Pien.~„m t
3 The esra!e n: trios .n N rr d.~w e: rn ~~L+ ~ ~.. .. i vrin,: r -r, r .vied herein is i = ,~rnple and title the.eto i5
a', ine effrcn ve dnre lie~nof vr.o a! in
Please see Exhibit "A" attacherd.
,nd r, _.~..d c ~. tr.~~ r.. , t~~~. ,. .,.... rt,,.
Please see Exhibit "B" attached.
Schell vie °-SGnon 1 H^qu nenrenis
The following zre then reouurs re..~~ n-; be cur; q,~~,-~.......
tom L Pa yi~,~ent t o n,!~ .~~ . m~ ,..,.6 ,,.., ~ .._„ , ,. ..,: ~. ~,a.~ ,„ n.
c,r to De nsured
nor,. l~. cn.-~ i.,- ~., a . 'h, e,i, ~ ~ r -
_ _ _ _ .,.. .. .. rc±.n ,..ord ro-vnt
Please see Exhibit "C" attached.
i~, cH,
f .. ~ i. r I,n~ .,COi rnM o])H
f
EXHIBIT "A" ATTACHED AND T;I.DE A PART OF ;78-09-23
Title vested in:
OPAL PhATILDP t1AROLT (as to an undivided one-half interest);
KEITH E. YiAROLT (as to an undivided one-eighth interest);
PEGGY LOUISE ECF:ENRODE (as to an undivided one-eighth interest);
JUDY MARIE TESITOR (as to an undivided one-eighth interest); and
VZCKI A"1N MAROLT (as to an undivided cne-eichth interest)
as to Parcel 1
Title vested in:
THODIAS SCHULTZE also known as THOMAS F. SCHULTZE
as to Parcel 2
e
EXIIIBZT "B" ATTACI?F.D A*:D ^7P.DF T, Pl:RT OF 78-04-23
LEGAL DESCRIPTION
Parcel 1
A tract of land in Lot 13 (from TP~P Plat by F^,ithers approved
July 18, 1889) in Section 12, Township 10 South, Range 85 F7est
of the 6th P. M., being part of the "Stitzer Entry" described
as follows:
BEGINNING at a point, a fence corner in place, being 282.41
feet North 66° 19' 15" i;est from the 28" x 14" x 10" rock
Alitness Corner I~ionumcr,t sc-t fcr the t;itness Point for the
South one-cuarter corner said Section 12 (P;itness Corner
Monument shown in Cutshaw notes and plat approved November 8,
1888) said rock being 78.57 feet North 78° 10' 30" t-lest from
an unapproved 1959 Bureau of Land b9anagement Brass Cap stamped
as Ylitness Corner;
thence North 70° 25' East 132.33 feet to line 2-3, united States
Mineral Survey 14211, Homestake Claim;
thence South 09° 37' Fast 200.25 feet along said line 2-3, to
property described in Book 293 at Page 899 in the records of
Clerk and Recorder of Pitkin County, Colorado;
thence South 82° 26' t•7est 312.13 feet along the Piortherly line
of property described in Boo}; 243 at Page 894 to the corner of
property described in Book 182 at Page 183;
thence North 23° 19' [•;est 62.56 feet along the Easterly line of
property described in 1300}: 182 at Paae 183;
thence *iorth 71° 12' Fast 151.91 feet along a fence line to a
fence corner;
thence North 61° 02' 15" East 84.61 feet along a fence line to
a fence corner;
thence North 91° 19' S0" G,'est 62.56 feet along a fence line to the
Point of Beginning.
Pitkin County, Colorado.
and also: Parcel 2
An easement 30 feet in width for utility anti right of way pt;rposes
described as follows:
BEGINNING at the above described point of beginning;
thence North 70° 25' East 30.35 feet;
thence North 28° 20' S5" t4est 154.30 feat;
thence South 61° 56' 10" t9est 30.00 feet;
thence South 28° 20' S5" East 149.82 feet to the ,Point of Beginnine.
Pitkin County, Colorado.
,~_.
EXFIII;IT "C" ATT?iCf?ED ?AND "':~?DE A PART OF =70-04-23
REQUIREMENTS (continued)
(c) The following documents must be obtained and recorded
from the Estate of ?dichael Christopher I;arolt, deceased
Probate No. P-995, District Court, Pit}:in County, Colorado:
A. Certified copy of the Order of Final Settlement
and Discharge of Opal ;':atilda i;arolt as Rdminis*_ratrix
or Personal Representative of said Estate.
(d) Deed from Opal Matilda ;darolt,rteith E. t•larolt, Peggy Louise
Eckenrode, Judy N.arie Tesitor and Vic}:i Ann b7arolt, vesting
fee simple title in James J. A~ollica and/or nominee.
NOTE: Upon receipt by Company of name of nominee, additional
requirements or exceptions n.ay be necessary.
(d) Deed of Trust from James J. ?'ollica and; or nominee to the
Public Trustee of Pitkin County, Colorado, for the use of
Opal Matilda Plarolt, ?:eith E. "4arolt, Peggy Louise
Eckenrode, Judy ;•larie Tesitor and Vic::i Ann Diarolt, to
secure $53,250.00.
.~.,~
E}:HIBIT "D" Att^TAChED A?D h'ADE A FAP,T OF `78-OS-23
EkCEPTIONS (continued)
6. Taxes due and payable: any and all unpaid taxes and
assessments and any and all tax sales that have not been
properly redeemed or cancelled. (Tax certificate ordered,
not yet received by Company)
7. Reservations and exceptions as contained in United States
Patent recorded December 3, 1892 in Book 55 at Page 35
as follows: right' of the proprietor of a vein or lode
to extract or remove his ore therefrom, should the same be
found to penetrate or intersect the premises hereby
granted. (as to Parcels 1 and 2)
8. Rights of way and easements for ditches, flumes, pipelines
and laterals in existence or of record. (as to Parcels 1 and 2)
9. Easements granted to I~oly Cross Electric Association, Inc.,
in instrwnents recorded in Book 282 at Page 91 and in
Book 339 at Pace 998 as they affect Parcel 2.
10. Any tax, assessments, fees or charges by reason of the
inclusion of the subject property in Aspen Fire Protection
District, Aspen Sanitation District and/or Aspen A7etropolitan
Sanitation District, and Aspen Valley hospital District.
11. Deed of Trust from Thomas F. Schultze to the Public Trustee
of Pitkin County, Colorado, for the use of The Bank of
Aspen, to secure $45,000.00, dated October 25, 1977 and
recorded October 25, 1977 in Book 337 at Paae 259.
(as to Parcel 2)
NOTE: for information purposes only,
Right to install and maintain underground utilities was reserved
by adjacent property owners in Deed of Dedication to the use of
the public for purposes of a road -right of o.ay only, said
instrument being recorded in Book 289 at Wage 910.
h a MEMBER
October 23> 1980
Mr. Richard Grice
City of Aspen
Planning Department
130 S. Galena Street
Aspen, Colorado 81611
RE: Mollica - Lot Line Adjustment
Dear Richard:
OF
THE AMERICAN INSTITUTE
OF
REAL ESTATE APPRAISERS
In accordance Section IV - 2.2 of the Pitkin County Zoning Code, I am
requesting a lot line adjustment for a parcel of land located on
Seventh Street and Shadow Mountain.
Please refer to the attached survey and legal description as pre-
pared by Survey Engineers. Also attached is an easement agreement
between Ron Garfield, Andrew Hecht and Frank Woods, III and myself.
The purpose of this lot line adjustment is to trade 3,475 square feet
of land owned by Parcel 1 of Exhibit "A" to Exhibit "C" in exchange
for a 20' wide access easement (3,478 square feet) owned by Exhibit "C"
for the benefit of Parcel 1 of Exhibit "A".
Currently, there is a 30' wide right-of-way and utility easement for
the benefit of Parcel 1, Exhibit "A",along the eastern edge of Exhibit
'-. ~ ~ ~i'C". Due to the topography along the eastern side of Parcel 1 of
Exhibit "A", a difficult access with a huge road cut would be necessary.
If this lot line adjustment and easement is negotiated, the new access
easement would be more complimentary to the topography and allow Parcel 1
of Exhibit "A" a more comfortable - less visual approach to the property.
Further, due to the topography, the land exchange of 3,475 square feet
is of little use to Parcel 1 of Exhibit "A". However, it is flat and
adjacent to Exhibit "C" and could be of some use as open space.
I trust that this brief narrative coupled with the attached survey is
sufficient for your needs at this time. I would be more than happy to
accompany you on a personal inspection of the properties at your con-
venience. If further information is necessary, please contact me as
soon as possible. We would like to make the exchange prior to inclement
weather so that I may construct the road to Parcel 1 of Exhibit "A" in
1980.
L%~~~c~C l~~G'-(,I,CCY, M.A.I.
CRYSTAL PALACE BUILDING 300 EAST HYMAN AVENUE ASPEN, COLORADO 81611 303/925-8987
Mr. Richard Grice
Planning Department
Page 2
Thank you for your time and consideration.
Sincerely,
J m J. Molli.ca
JJM:pb
enclosures
James 1 Mollica ~.aS~~~a~PS ~~~.
Real Estate Appraisers and Consultants
/I
_' - _. i
z 9- .. '~~ooe r~0,
w P ryc
~~ A
~ ,y
~e
_ i °~ ,
2
l G ~~
-~ ~S~Ovg - o S
N
.T-KY UY DEC¢EE 9
.
(
-J4G .-.~aG rai_TG4~CC.~
~+G'+~N ~~g GAP CSI
rae r< Co Et. i_~
G~r.~C TS .~~ G: -rum
E r. ~r~E ~-bG VE
i
II
-`a ii
~~° i'I
..~~~ 03 oe~ °
.~-,~ `
~.
,~_~ S'1\ ~g ,r+
~xN~[-31r
E ~6 ~ °'''
f `
~~° `
cmo w~
E.° i t ~ pARC GL z
~~~ GnA 4GC
I OF
_u~~~~ ~ ~ s _J
~'re pi ^~ o, 'o. EXHIBIT B ~ ~
e ~~
~d ~ c. is ~
r
~~ r
n` ~ ~ TT }
``v~~ ~ rm ~ ~o.
l ~
~~, ~t
/~ ~ 9~\~.
\\ . .. ~
. ~I ~ ~ .q0
~2
LLI4
V
III
vl~
~~i s.,EO i ~ ~
1 ~ °/l%E
5
l~ _ ~o ~ N1o
a
.i &t q~ ~
.~ _ .9 5 .
I ~ s ~~s ~~N
oho ~ ~' ~~'"~;v'` I~
°~ F~,
Sao, s ~ o
t ~s,
~b ', ~ _ (I
- o o~ p
~h
Co` . 2
a~\ o ~J
.~~ / / PARCEL ° i I
T S`
w "~or oT
~~ ~2/ y..
,i,}~ EkHIBIT /-~
~„~
~~
~~ 312.13
S82° 26 `^r