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Home My WebLink Aboutpitkin.planning.273526100003DOCUMENT 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 (lla17) PARCEL ID:' 2735-133-00-118 DATE RCVD: ~- # COPIES:r- CASE NO 1977 CASE NANIE:Rosenthal Subd Ezempt (2 files) Planners PROJ ADDRi' 0201 Midnight Mine Rd OWN/APP: Rosenthal, George ADR~-- C/S/Z:~- PHN:~- REP: ADR:~-y CIS2>~- PHN:~- Email Addr ALLOCATED HOURS:- . FEES DUEt~- FEES RCVD:~- %OVERt' ~- REFERRALS REF.-... BY~__ `, DUE:- MTG DATE REV BODY PH <. NOTICED DATE OF FINAL ACTION: ~- ~- ~- ' No ~_ ~ BOCC Reso: 77-69 ~- ~-r No ~- BOCC Ord: ~_ REMARKS'. ~ PZ: ~-... HRG OFF:.. CLOSED:- BY: ~- ". HO INDEX: ~- ADMIN: ~- PLAT RECORDED~r PLAT (BK,PG):~- ADMIN INDEX: r-- VR APPROVAL DATE:- VR EXPIRES:-_. CASE TYP:'; Subd Ezempt CASE TYP5: CASETYP2.' CASETYPS: CASE TYP3:I CASE TYP7: ' CASE TYP4: ~ Date Scanned: ' 8/24/09 File Locationi..%IBox 173 ~Qnn~~J RESOLVTIGN OF TIIE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO GRANTING AN EXEMPTION FROM 1'1[E DEFINITION OF SUBDIVISION FOR THE CONVEYANCE BY SPAR CONSOLIDATED TO GEORGE ROSENTIIAL (OR HIS NO\iINEE) OF APPROXISfATELY FORTY-FIVE ACRES OF LAND IN THE CASTLE CREEK VALLEY Resolution.No. 77-( 9 WIIEP.EAS, George Rosenthal and the Spar Consolidated Mining ahd Development Company, a limited partnership, have contracted for the Conveyance by Spar to Rosenthal (or his nominee) of approximately forty-five (45) acres consisting of part of the Bonanza .Placer, United 5lineral Survey No. 5840, and WHEREAS, such land is to be used in conjunction with an adjacent four (4) acre tract presently owned by De 5iark, Inc.,a Delaware Corporation w$olly owned by Rosenthal, which tract is improved with a single family dwelling, and WI-IEREAS, it is the purpose of the proposed conveyance to create a land holding of approximately forty-nine (49) acres, a conforming lot, to be used for a horse breeding operation, a permitted use within the applicable zone district, namely AF-l, and F9HEREA5, Rosenthal has applied to the Board of County Commissioners for an exemption from the County's subdivision regu- lations for the proposed conveyance pursuant to the provisions of Section 4.02.02a.2, and, further,from the survey requirements of said exemption provisions because of the difficulties and cost incident to procuring a certified survey, and WIIL''IiEAS, the Commissioners have detertnined that the requested exemptions are appropriate provided that pertain li_mitati.ons on use a.nd development are complied with. NOW, TFIEREI°OItE, be it resolved by the Board of Cowrty Com- missioners of Pitkin County, Colorado, that it does hereby grant .to Spar Consolidated Mining and Development Comp any,a limited partner- ship, an exemption from the subdivision regulations of the Pitkin County Land Use Code pursuant to the provisions of Section 4.02.02.a.2 of said code, for the conveyance by Spar to George Rosenthal (or his nominee) of the following described .tract of land located within Pitkin County, Colorado, to wit: That part of. the Bonanza Placer, United States Mineral Survey No. 5840, Amended, according to the Patent therefor recorded in Book 175 at Page 296, situated in the South- east one-quarter of Section 23 and the Northeast one- quarter of Section 26, all in Township 10 South, Range 85 West of the 6th P.M., 1•ying Southerly of the North line of the Southwest one-quarter of the Southeast one- quarter and the Southeast one-quarter of the Southeast onc-quarter of said Section 23, EXCEPTING THEREFR011 any part of those properties described in Book 176 at Page 315, in Book 187 at Page 241, in Book 200 at Page 19, in Book 203 at Page 426, and in Book 261 at Page 150, being in the Roaring Fork Mining District. BE IT FURTHER RESOLVED that, it having been shown to the satisfaction of the Board of County Commissioners that lack of an official government survey of Section 23 and the difficulties of retracing the original survey of the Bonanza Placer make the -- - __production of a certificate survey excessively costly, it is appropriate to, and the Board does hereby, w9ive the survey .requirements of Section 4.02.03a.2. of the Pitkin County Land Use Code with respect to the exemption hereby granted.. BE IT FURTHER RESOLVED that the exemptions hereby granted are conditioned upon the following: 1. That the four (4) acre homesite and additional forty- five (45) acre tract be, for all. purposes and at all times, as one parcel of land, be held under one owner- ship, be conveyed as one, and be developed as one parcel. 2. That the oxistiul; four (4) acre tract may be continued to be used as a singlo family homcsite; but: the fort;y- _ 2 five (45) acre parcel be devloted exclusively to agricultural purposes including, as a permissible use, a horse breeding operation, and no construction other than agricultural structures (including barns, stalls and riding rings) be permitted thereon. 3. The provisions of paragraph 2 notwithstanding, an em- ployee housing unit, to be used in conjunction with the proposed horse breeding operation, may be constructed but only upon review and approval of a site plan there- fore by the Board of County Commissioners. 4. That the foregoing restrictions and limitations be deemed covenants running with the land and binding upon Rosenthal (or his nominee) h'is heirs, successors and assigns; provided, however, that these covenants Shall apply only when and if the land hereinabove is conveyed and shall not constitute a burden upon the land in the event the conveyance hereinabove provided for•is not made. BE IT FINALLY RESOLVED that a copy of this resolution be recorded in the offices of the Pitkin County Clerk and Recorder. APPROVED by the Board of County Commissioners of Pitkin County, Colorado, at its regular meeting held biay 23, 1977. „~};~ THE BOARD OF COUNTY COMMISSIONERS ~Y•' r,'`"•=r OF PITKIN CQUNT}C, COLORADO ~--__1~~ Chairman. ~~;•.~unty Clerk f, ,~G L ~l APPROVED AS TO FORM: ' County Attorney -3- ~ ~~~ ~ . ~ ir,.~ r ~ A/ ~ i~' I ,~. ' y • .; ~ _ . •; ' ~ ~ 0 `~ . ~ J , . ~' 1 .'~.~ ~ ,\ 17. I ~ 1 ~ ~ ~ ` I ~i ~:• : • 1:.~ a ~1;`~~ ~;~_:~~~, irk ~kv ..~ ~;~;:~,~~ J ~ , , , ~ t .,~, ;~ ';~~ ~ ~ ~: ~~ ~ it .; ~ 0 ~ • .. ~r , ;~ -;fir,, • ~'~' '~ ~ ~~ ' Q vy ~ ~ ,~:' 1i ~~; ~', ~~'~.. r ~l i~ I ~ 1~ ~, r.-- ~ , ~ 1 ~. ,,. ,- _ ~ j • _~ ,i ~- , i • '(' - _. I ~i ~ ~ / ~1 (J ~~f ~•~i• 1 ~ ' ~ ~ V / , ~ ~ .. / ~ i 1 ~ .1 ~ ~ ~ ~ 1 1 ~ - _.. -_- ~ ~ ~ ' ~ ~ l ~ ~ /~~ .~ i i ', of key, Ca::eens and Assuc7ates Inc. discu:;sed the altentative sites. McGrath suggested that the item be [ab]ed without further d7scussLou subject to a sf to in- spection and the return of the third commissioner; [he~Coun[y Attorhey convinced him to al Tow completion of the puL7 is hearing. Cassens then eonrinnea with CLc discussion of [he alternative sites, one of whieh is located in the same area although further from the cemetery. The other site rnative site is located on Smuggler Mountain near the entrance to the Molly Gibson mine. The firs[ alternative has a longer access and would be more dangerous and expensive. The second alto rna[ive would not provide watei to people east of town and the cbst would be considerably higher. Other homeowners in the area then testified. McGrath recommended denial because the cemetery is a park for the area, because Mountain Valley will not benefit by this site and because he felt the alternative sites had no[ been adequately considered. He suggested that the item be tabled pending a site inspection, and the return of Pdwards. He also claimed that [he easement that the City has is no[ legally binding. AfcGrath presented many exhibits. He noted that revegetation on [he dovm- hill side of the tank will take approximat e].y twenty years. Tits Cemetery Board is obligated Lo notify all plot owners and had no[ done so. fle felt that the City should justify not Lurying the tank as they dial on Red Mountain and [hat the City's 2pplication was inadequate and should be forced to be as complete as those required of private developers. 1'am Scott was present representing tors. Paepcke, a plot owner in the cemetery. He expressed concern that she had not received any notice of the application and noted that she is unenthusiastic about the idea and ~:ndorsed 21cGratli's position. Jane Bruggeman and Maxine Weic7 en both complained that they had no notice, although they are residents in the area concerned. I 6 On a motion from Rinslcy and a second by Child the Commis ioners unanimously moved to table the item. Kinsley noted that he hopes everyone 'nvo lved will look carefully , a[ [he altcrr,atives. lie feels [he tank is needed and that the Commissioners will need help in deciding on a location that will cause the ]ease amount of dist:aption. - Child felt that the problems of a title report, referrals Iron the Historical Society, site studies and the routing of the pip eli.nes supported tabling Che item. _.~.f, ~~ --------- I {.. i enihal A request for subdivision exemption by Ceorge Rosenthal to pe rnii[ the conveyance , divisicui ^, ,nptiott of appraxiu:a [cly 45 acres by Spar Consolidated Pli ping and Oevel.o pment Company [o I RoscniL:,l was. d7.scus::ed. This consists of part of the. itonnn:a placer. kosc•nthal owns four :~,cres~nctjacent. to these 45 acres. 1'h is is the. old Bl.:uty proper[}'. Ashley Anderson w,c; ;rrscut a;: an attorney Cur koscnthol; Jim Rcser of 1'ri-Co was present c mta•rniop, iho survey. Rnsontbnl':; intention is to use this laud for Lursr• breeding. Ile oxper!:: Co h:rve :, Lars, pn~aib7y a iidlnt; riuk and cirh[ to ton ltorson. ^u will t ai s;:iuurrs ri,•,•t in,•. th,y 23+ ]97% - G aubmf.f. this to a site plan review. The zoninf; SsdF-l; Cldn is a pcrmlttcJ use. Thu 17 annl ng Offlcc recommends approval of the exemption subject to the couJitions in the resol ut ton and feels there is no Laitd Usc impacC since no additional ~resi- dential. dwel.li ngs wll.l be Involved. Anderson noted that they would like to wa ivc the survey requirement since it would cost $6,000 to $10,000 and may not be possible in any case; the Conunissioners said [hey would allow this. Child asked about the ~ water supply. Anderson said [here is a well residence. On a motion by Y.insley and a second by Child, the Commissioners unanimously moved to approve the resolution and noted that a•si.te inspection will be necessary before any additional development is done. Three The next item was a technica].i[y involving the Three Rivers Library Sys Cem which Rivers Library was formed in 1975 and supplanted the Three Fivers Public Library Association. ~ System It has been requested that the Commissioners sign a resolution officially dissolving the Three Rivers Public Library Association. This c:as done with a motion from Child and a second by Kinsley to resolve the techa_ncal difficulty by approving the res- olution for the Three Rivers Library System. Budge[ Two budge[ resolutions were presented. The first involved an official appropria- Resolutions [ion of the CETA funds which have been received from the federal government. This was unanimously approved on a motion from Child and a second by Kinsley. ' ' The second resolution concerned a transfer of IPITA funds f.~r the bus design from the Commissioner's Contingency budget to the bus fund. This was unanimously approved on a too~ion by Binsl.ey and a second by Child. A1tn.ValleY The next item was a resolution designatin^ the First National Rank as a paying Boncl s Paying agent on bonds for the i~fountai.n Valley Improvement Association. The resolution a•as Agcn[ unanimou;a.y approved on a motion by Kinsley and a second by Child. !: Count}' George Ochs, County Afanager, presented a n:yues[ [o approve County contribution !'. Fmpl oy ce . ~; Bus 1'asscs for bus passes for Cmmty employees. Ochs estimated t6aC [here would be approsimate- I ly sevcu County employees taking advantage of this. On a motion by Kin<a ey and a i I. second by Chi1J the Commissioners unanimuusl}' au [horizod the Cnun[y finnager to allow F i~ y Coun[q cmp Liycos htc: passes. 1[ was noted that [his would not include the Cmm~d ssioucrs since they fcl t. that. would be a co~(1fcC of interest. Al"1' I f;• I. Cnnn'.i1;. •.I~vh'r Nrol lnv ,, I ~ ,. uc, l'.umil~ Clrrl: > ~ ,. ~.' .- Cl~,iliman PIIi~6aol Kl~n r:I rY /~ "~C' G ~ . ~ ~.'C,/~. c-fir ' G„i,~~n Id. crud hl.ry 7'I, ]911 - l LCD ~~ h1Ei10RAPlUUF1 T0: Pi t4: in County Cor,missioners FROi/: Planning Staff (HC) RC: Rosenthal Subdivision Exemption DATE: May 17, 1977 This is a request for Subdivision Ezen:ption by George Rosenthal to permit the conveyance by Spar Consolidated 1lininy and Develooment Co,epany to Rosenthal of aporox.imately forty-five (45) acres consisting of part of the Gonanza Placer, United !Mineral Survey tlo. 5840. Nr. Rosenthal o~~n~s four (4) acres contic:;cus to the forty-five acres resulting in a combined o~rmersi~ip ci forty-nine acres as one develop- ment parcel. An exemption is also requested to the survey requirement due to the extreme expense and difficulty of the survey. The Planning Cffice recor,:mends grantiriy the exemption subject to the terms of the attached Resolution prerared by Sandy Stuller, County Attorney. I!e see no development impacts. involved in this exchange of land betvreen adjacent property o~r;ners. lml: M E M O R A N D U M T0: Pitkin County Commissioners FROM: Planning Staff (HC) RE: Rosenthal Subdivision Exemption DATE: May 5, 1977 This is a request by George Rosenthal for a Subdivision Exemption pursuant to Section 4.02.02(a) (2) of the Pitkin County Land Use Code. Dlr. Rosenthal is sole stockholder of DeMark, Inc. which owns four acres of land on Castle Creek in Pitkin County. He wishes to acquire forty-five acres of the Bonanza Placer, U.S.M.S. No. 5840 which consists of 155 acres. The Majority owner of the Bonanza Placer is Spar Consolidated (lining and Development Co. Mr. Rosenthal intends to use the additional 45 acres to conduct a small ranch and house building operation. The property is. zoned AF-1. The additional land will bring the exist- ing feur acre lot into conformance with the. zone catagory. The Planning, Office recommends approval of the Subdivision Exemption upon compliance with the following conditions: 1. The existing four acre parcel and new forty-five acre parcel be treated as one parcel for develop- ment purposes. Each parcel should be owned by the same individual/corporation. No additional development should be allowed on the combined forty-five acre parcel with the exception of agricultural uses. 2. A copy of the Subdivision Exemption be filed of record in the office of the Clerk and Recorder together with a legal description of the parcel (Exhibit A herein attached). lmk (.nxr~iaL» ~ II~aoiiT A'1'1'IIRN N.YH A'P LAW V1t9'O1(IAN bUVA1tE IIU IL DINU BUI E. /IY MAN b1'REET A9PE N, COLORADO BIU11 RONALD OAR FIE LD ANDREW V. HECIIT BROOKE A. PE'1'ER9pN April 25, 197 / Mr. Hal Clark Land Use Administrator 130 South Galena Street Aspen, Colorado 81611 Re: Request for Exemption from Subdivision Regulations pear Mr. Clark: This is an application pursuant to Section 4.02.02(a)(2) of the Pitkin County Land Use Code to exempt the trans- action described below from the definition of the terms "subdivision" and "subdivided land". b V12t PBI Tcl.cruonc IJBJI BP6-1 BSO Mr. George Rosenthal is the sole stockholder of DeMark, Inc. which is the owner of a four-acre parcel of land on Castle Creek in Pitkin County. The parcel is adjacent to the Bonanza Placer, U.S.M.S. No. 5840, situated in Sections 23-and 26 P. 10 S., R. 85 W., Pitkin County. The Bonanza Placer contains approximately 155 acres, the majority of which is owned by Spar Consolidated Mining and Development Company, a limited partnership. Spar and Rosenthal have entered into a receipt and option contract for the sale by Spar and the purchase by Rosenthal or his nominee, of approximately 45 acres of the Bonanza Placer adjoining the DeMark/Rosenthal property mentioned above. Rosenthal will either take title to the 45-acre parcel in the name of DeMark, Inc.; or, if title to the 45-acre parcel is taken in the name of a different entity, he will transfer title to the four acre parcel from DeMark, Inc. to the other entity. In any event, title to the combined 49 acre parcel will be in the name o£ one common entity. Spar, of course, will retain ownership of approximately 110 acres of the Bonanza Placer. The four acre DeMark/Rosenthal parcel is presently, and will continue to be, used for residential purposes. It contains Mr. Hal Clark April 25, 1977 Page two a residence and accessory buildings. The 95-acre parcel is undeveloped land and contains no improvements. Rosenthal intends to use the-extra land to conduct a small ranch and horse breeding operation. The property is zoned AF-1; and, therefore, the horse breeding operation is a use that is allowed by right. Since the proposed division of land involves the division of existing boundary lines without creating, for subdivision regulation purposes, any additional or separate parcels; and since the resulting parcels will comply with the bulk and use requirements of the Land Use Code, we submit that the transaction meets the requirements of Section 4.02.02(a)(2). Attached hereto and made a part hereof are the following exhibits: 1. The legal description of the DeMark/Rosenthal parcel. 2. A warranty deed evidencing the conveyance of the DeMark/ Rosenthal property from Mr. and Mrs. William Blatty to DeMark, Inc. 3. The legal description of the 45-acre parcel that is subject to-the receipt and option contract. 9. A certificate from Aspen Title Co, with respect to the ownership of the property subject to the receipt and option contract. 5. A map prepared by Tri-Co Management Inc. in accordance with Section 4.02.03(a)(2) of the Pitkin County Land Use Code. It is requested that strict compliance with the submission requirements of Section 4.02. 0.3(a)(4) be waived and the enclosed map be accepted in satisfaction of the plat require- ments. This request is necessitated by the fact that the north line of the 45-acre parcel subject to the receipt and option contract is determined by reference to a quarter line of Section 23 and there has been no official government survey. of Section 23. Therefore, surveys in the area are performed by using the original. survey of the Bonanza Placer which, according to Mr. James Reser of Tri-Co Management, is believed to be accurate. According to Mr. Reser, to perform the official government survey of Section 23 and to retrace the original survey of the Bonanza Placer, even assuming the cooperation of the U.S. government and the availability of personnel, would cost in excess of $15,000.00. Mr. Hal Clark April 25, 1977 Page three As stated above, it would appear that the sale of the 45-acre parcel to Rpsenthal meets the requirements for subdivision exemption set forth in Section 4.'D2.02(a)(2) for The Pitkin County Land Use Code; and, therefore, we respectfully request that the application be granted. Sincerely, a,~S ~- Ashley Anderson for GARFIELD & HECHT AA:js Encl. ~ ~mmitman~t for Ti~rle Insurance '115LIPE TITLE INSUFlANCE COMPANY of Oallav. herein called the Company, for valuable eonsidnrotion, hereby commits to issue its policy or poLcies of otln insurance, as identified in Schedule A, in favor of the proposed Inwred nomed in Schedule A, as owner or mortgagee of lhn es:a~e or interest covered hereby in the land described or ref=:rred to in Schedule A, upon payment of Iha premiums and chargus therefor: all subject to the provisions of Schadulns A and D and to the Conditions and Stipulations hareol. This Commitment shall bo effective only when the identity of the proposed Insured and the amount of the policy or policies Committed for have been inserted in Schedule A hereof by Iha Company, either at Iha tim io(issuance of this Commitment or by subsequent endorsamant. This Commitment is prebrninary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shalt cease and terminate six (F) months after the effective data hereof or when the policy or policies committed Inr shall issue, whichever first occurs. providzd that the failure to issue such pofcy or policies is not the fault of the Company. This Commitment shall not be valid Or binding until countersigned by an authorized officer or agent. Schedule A 1. Effective date February 2, 1977 at 2. Policy or policies to be issued: $ ~ 00 A. M. Aspen Title Co. Case No. 77-O1-49 Inquiries directed to 925-4444 A. ALTA Owner'S Policy Proposed Insured: GEORGE I. ROSENTHAL, and/or nominee Amoum s 70, 000.00 premium s 265.00 5.00 tax cert. B. ALTA Loan Polic Pro osed Insured: Amount 5 52, 500' 00 20.00 Y p Premium S SPAR CONSOLIDATED MINING AND DEVELOPMENT COMPANY, a limited partnership c. Amount s Premium 3. The estate or interest in the Land described or referred to in this commitment and covered herein is tea simple and title thereto is at the effective date hereof Vested in: SPAR CONSOLIDATED MINING AND DEVELOPMENT COMPANY, a limited partnership. 4. The land referretl to in this commitment is described as follows: Please see Exhibit "A" attached. Schedule 6-Section 1 Requirements The totlowing are the requirements to he complied with: Item (a) Payment to or }or the account of the grantors or mortgagors of the full consideration far the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wiC (c) Deed from Spar Consolidated Mining and Development Company, a limited partner- ship, vesting fee simple title in George I. Rosenthal, and/or nominee. . NOTE: Pirst Amendmendment to CertiEi.cnte of Limited Parthership of Spar Consolidated P[-i.ning and Development Company, filed Pfarch 1, 1973 as Reception 'No. 157863, disclosed Che following: General Partners: Charles E. Goodhune, III and Martin 1\irkpatrick. l,imi_ted Partners: Electro-Care. Industr:i.es, Inc., a California corporation, P(at'tin Rirkp,ttr.icl:, Trustee of the 41ang Family Trust, et i'.1. (d) Deed of Trust from George L Rosenf.hal, and/or nominee, to the Public 'I'nlstece of P:iLkin County, Colorado, for the use of Spar Consolidated Piini.ni; and Development Company, a limited partnership, to secure $52,500.00. Irw! nl L.,,,,,.,I,b=!tA`: U~iL Lft GLidil ~:, II ,.J :,'ANY "•'11.,, G'~:i -~-J f'.•i Sob. dole 6-Sec6cn 1 Gcr prim StrtU Add, rsc n1 Pmprrh _ The poi, y O: peticirs to be ist. uc3 will could h+ uccrptionx to elm lulluwing unless the samo am disposed of to the sausf.,cG no cl the Comry.ny: 1. Figh15 of cL:uns nl partlus in porscs~:on not shovrn by ihn public rrw:ds. i;2. Easements, ur claims of r~ese manta. not Chown by the pu blie :ecerA::. 3. Uucu•panuns. em Al:cts in boundary Imr; ~.I•.o rlage in mra. ones o:¢hmrnts, and any Iaels which a co: rest survey ;:nd im. p,~r,::.n ca the prrmisrs would dir.cluse and which ;ne nol sl-sown by the Vubbc ~ecmds. 4, Any lien, or nght to a lien, for services, labor or material thcrrtolore or hert•after 1w Wished. imposed by law and not shown by lP,e public records. .i. ^'!rets. liens, mcumbances, adverse c'aims or other maCers, d any, emated, first appearing in ;hr pu!;lic records or nllar. ling c, : - yucnt to the Mferive r'am hereof but prior to the dale the picposrd inswed acquirics of record for vzluc Ihr estate or intri c-.t or morgac; thrrmn eevm ed by this Convnilment. Exceptions numbered___________ _.._. are hereby omiPed. Please see Exhibit "B" attached. Conditions and Stipulations 7. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument 2. It the proposed Insured has or acquires actual knowledge of zny detect, lien, encumbrance. adverse claim or other matter effecting the estate or interest or mortg::ge thereon covered by this Commitment other than those shom•n in Schedule B hereof, and shall fail to disclose such know•ledr'te to the Company in writing, the Company shall be relieved from liability for any Toss or damzge resulting from any act of reliance hereon to the extern the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or it the Company otherwise acquires acual knowledge of any such defect, lien, encumbrance, adverse claim or ether maver, the Company at its option may amend Schedule 6 of this Commitment accordingly, but such amendment shall not relieve the Company {corn liability preciously incurred pwsuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Inset eA in the fan,t of polity or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) tc ce mply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to scquire cr rea;e the estate of imerest or mortgage thereon coveted by this Commitment. In no event shall such tia bitity eueed the amount stated in Schrdute A for the polity or policies committed fur antl such Lability is su b;ect to thr. insuring provisions, exclusion from coverage, and the Ce ndi;io rs and Sh potations of the form of policy or pollNes committed for in favor of the proposed Insured which z:e hereby incorporated by relerence and are made a part of this Commnmem exce pt as expessly mod:ficd hmcin. 4. Any Claim of loss or cL,mage, v: lather or noI based on neglic;enc0. and which ai ises out n1 the status of the title to the estate pr interest or the lien of the insu ed monga ge covcrrd hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipu!atiens of this commimtent. ~~.,.. IN WIT NLSS V.'H EREUf, rho Company has aused Ibis Commitment to be signed and scaled, to become valid when countersigned by / <•"' ~ an author:cd ollrccr or ::gem of the Company, all in accordance va tlt its By~lav+s. This Commitment is rrllec:rve as of the date shown x?,;,'......... ~ in Sd;c Axle A..s "[ ^ective idle." ~'E Fh9AL~-?- l1SLlf F. TITtE INSUfiANCP. CUa9PAKY of Dcll:s -,... , ~. 4 ~,~ _.Q lrrrsr ti t sa rvlYrs r u In yf I ,blmar 1 ~! 1 /, EXHIBIT "A" ATTACHED AND MADE A PART OF 177-01-49 LEGAL DESCRIPTION That part of the BO\ANZA PLACER, United States Mineral Survey No. 5840, Amended, according to the Patent therefor recorded in Book 175 at Page 296, situated in the Southeast one-quarter of Section 23 and the Northeast one.-quarter of Section 26, all in Township 10 South, Range 85 West of the 6th P. M., lying Southerly of the North. line of the Southeest one-quarter of the Southeast one-quartez and the Southeast one-quarter o£ the Southeast one-quarter of said Section 23, EXCEPTING THEREFROM any part of those properties described in Book 176 at Page 315, in Book 187 at Page 241, in Book 200 at Page 19, in Book 203 at Page 426, and in Book 261 at Page 150, being in the. Roaring Fork Mining District. Pitkin County, Colorado. EXHIBIT "B" ATTACi(ED AND P1AllE A PART OF 1677-01-49 EXCEPTIONS (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 August 26, 1949 in Book 175 at Page 296 as follows: the premises hereby conveyed may be entered by the proprietor of any vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposits, for the purpose of extracting and removing the ore from such vein or lode, should the same, or any part thereof, be found to penetrate, intersect, pass through. or dip into the mining ground or premises bereby granted; and right of way for ditches or canals constructed by the authority of the United States. 8. Easements and rights of coay for ditches, pipelines and flumes, including but not limited to Stein Castle Creek Ditch as shown on map recorded in Ditch Book 2A at Page 158 and Castle Creek Reservoir and Castle Creek Pipeline as shown on maps recorded in Plat Book 3 at Pages 89 and 91. 9. Rights of way and easements as granted in deed recorded in Book 170 at Page 601, as they affect subject property. 10. Right of way;, if any, of Midnight Mining Company road. 11. Lack of a right of access from subject property to any open public road, street or highway. NOTE: This exception is necessary because it does not appear from the instruments of record in the Office of the Clerk and Recorder of Pitkin County that any right of access exists to an open highway. 12. Any tax, assessments, fees or charges by reason of the inclusion of the subject property in Aspen Fire Protection District, Pit. Sopris Soil Conservation District and Aspen Valley Hospital District. ),r rp[rNTI lL ... il. ., ~~ r... 1' .r lion Kn ~ c ( - 1 ...... ... n{Inf K.. 1.. .. "::. - ~ / ~~~ 1nI i ); 1I t ~~e / •• ... ~ ~^rv li ~~ - U r ~ a i,1(t ~-7~ i~ , l ._. ~ am , , ., . . _.. ... . tr,[ er. ~ ~... rna~~ vr:1}u' ~~ i ~ 7'iI1S 1?h;I•:n, Aiade this 75th day of August SibTE D°tUir'E''h'Y FEE 19 16,bc•tw•eolt 6 d ' Ilt'am Peter Blatt Y and ~ SEP ~. 'I PfSID , a11 latty I1115 n j Linda L A Cit t L and tn e L A l ~ S ~ 7 of the y o> . . Co ~ os nge unty of es and State of = °T ' ~ ' ^^ CAL I f ORN I A -_-, ,.. -..-T.-.~ ~ ' - - . ~zxxd>>. of the first part, and De Mark, Inc. DELAI.1 __ of the County of and State of a~i; x+'_?!~ of the second part; 11'1'1'NESSEI'I1, That the said party of the first part, for and in consideration of the stmt of 510.00 and other valuable consideration >~anTixFSK to `I:c sari ; rty of the first part in hand paid by the said ?arty of the second part, the receipt whereof is heresy rs;:L:: aed ,'?:1 acknowledged, has grmrted, bargained, sold and com•cyed, and by these presents does grant, bargain, sell, convey and confirm, unto the said party of the second part, his heirs and assigns forever, all the following d~•s•: ribrd lot or yarcel of land, situate, lying and being in the County of Pitkin and State of Co]m~ado, to-wit: A.portion of the bonanza Placer, U. S. Mineral Survey No. 5840 and a portion of the Good Luck Placer, U. S. P1ineral Survey No. 14548 more specifically described in the description attached hereto and made a part hereof and Marked Exhibit "A" TOGETHER with all and singular the hereditaments znd appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and. remain$ers, rents, issues and profits thereof; and all the estate, right, title, inblrest, claim and demand whatsoever of the said patty of the first part, either in 12w or equity, of, in and to the above bargained premises, with the hareditaments and appurtenances. TO IiA~'E AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said party of the Second part, his heirs and assigns forever. And the said party of the first part, for him__=el r, his heirs, executors, and administrators, does covenant, grant, bargain, and agree to aed with the said party of the second part, his heirs and a=_signs, that 2t the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, abso]ute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and ]awful authority to grant, bargain, sell and cumey 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 and encumbrances of whatever kind or nature soever. and the above bargained premises in the quiet and peaceable possession ~f the said party of the secmtd part, his heirs and assigns against all and every person cr persons lav;fully claiming or to claim the whole or any part thereof, the i said party of the first part shall and will \l'AICI:ANT .4ND POY.E\'ER DEFEND. The singular number shall include the phn~al, the plural the singular, and the use of any gender shall be al:plicablc to alhgenrlers. i IN R'ITN GSS StI{}?[tEOF, the said party of the first part has hereunto sat his hand and seal the dap and }'ear fi rst above written. i l7lt~fAll °. fCR B~~FFY~~~ tJ ~ _ _ -... _ .. ...[sr:~L7 f_IfJDA BI AIIY CP•LIF ~2NIA s s. coi aty of Los Angeles ~ '1'Lc fo rv~i~iug inaiuw,~nt was a,~6nuoa •,d;;rd 6c•fnrc me this I 1St ,l;t}. „p SC ~tC:al)CP 1x75 ,hy lJilliam PeFcr Blai.ty and Linda Blatty '~ Sty ro~nmis.fr~n espi rus !vr O'.~E;;~t~r: r' 131 1. `)7~ . 19 1Citncss my hand and otf_cial scsl. ~~ ' - - tlt 1.A'}•'i A, i!1~ IPIlLP17 ~~ury lull c. ~ ~ I, - ' - .,. ii:. :iy D - _ S,. ~.:.:'.' 1. ,• •, ~.~~ t-. n i ~ : n. r.::,. ~.. ~~.,. ~. i..., .e r:, ~,•~.i _,'.:. :.~ , '.'i~~a r~: •.1. n. ,..:.1 :: i,~ I~t;r i .~j ; , I ' '~ i I' i i O .' ~ LJ .~ c a q .. ~ i I i ' ib np ~ 1 ~ n :j i'J G : r. ~ 'o' ~ + o n I ~ n 1 v h 1-1 ~.4, ' y ~ i O ~ ry Y i Y. ~;i ~ . Jj N y ~ j S i7 N; ~} ~ n n .< n 7 ~ ~ ! ~ ~ ~ :~ p i i ;n .1~. n ~ . r H o ~o M b ~ ~ ~ ~ °. o i j ~~ .. ~ i 1: ;fJ ;;J ~ o p W ry G ~ C7 ~ i Y•?~ q ~ i ~' iY !q ' a i 7 ~ ;' O my = n `O a w L-' ~ ;n oh ~ _ ~x ~ a ~ > r oa " " - ~ F, ~ ~ ~u 4~ :P JI -~ ' Q N .^.1 ~ FJ '~ • n. ~ h O O oq rn O N c~ oC c~ a o• m • ~ 3JOKJIU r'AG; (i1J EXHIBIT "A" 2. Co~'crin~~ the I,;;nd in the Stale of Culornrlo, County of Pitkin Dr.;criln:d as: A portion of the T3onanza Placcr~ U. S. ldinersl Survey 1Jo. 58g0 and a portion of tic Cood buck Placer, U. 5. !•iineral Survey TJo. 1/15/;8, ::aid };onions bring ~itu•ited in the Yorth~~ro st Quarto of the IJortihcast Quarter of Section 26~ To::nahip 10 South, Rar.~e 85 lest of the Gth P.IA•, and being more fully deccr•ibr_d as follo:rs: E^ginning at a pniut thence Corner ido. 7 of said T3onan•ra i'lacer~ being co:m~,on to Corner \o. 2 of eaid Cood hock Placers bears South 32 2~)' ;G" :Jest 6'9.85 feet; tltencr, ?forth 23 q7' mast 355.14 feet; ,. thence I:orth 22'20' YJr_st 312.50 feet to Corner No. 3 of said Cood Luck Placer; thence. South 82'0'j' ',Jest 237.28 feet to Corner i:o. 4 of said Cood a- Luck Place-r• r thr--nee South 2L 26' ~Je:;t 5?_0.78 fer_t along the line between Corne r No. 4 and Corner ?.'n. 5 of s,+id Good Luck Placer; _ thence South '(6`25' Fast 412. l4 feet to the point of beginning. Cowtty of Pitki.n~ State of Colorado • ,. ,: ASPEN*PITKIN REGIONAL BUILDING DEPARTMENT CORRECTION NOTICE STOP WORK ORDER -- "E~ati~~ Creaek: Midui~_Ya r._ne. Ri. ,. po~~ticn ~I. JObLOCatedat °{ ';;~a ?lay.-,r i'.~' ;~Iir:eral ~~ r•~EO i'S?t~~) •i,;i - cn ~~ ocd urn t'la^e~r. have this day inspected this structure and these premises and have found the following violations of City, County ', and/or Colorado State laws governing same: .5. ~'i L_t C3~ 1 `1~I )~t,i 7I7 ~'f7P pl n ''~- f S9C y,^.r I ,`j. ,~-C ,: 1'• )n SO:ai1, iZ.3IlY_Et lJ!.y of th; Cat '~,` gc IDGr,~_ I. ', ).-J.'V j4.Ci'.LOP.~ '1 CPC(}r;19 n`•` -i Ylri~+ ~ -,4.- I I '. Ad.9i(icuat CIti:elliua tinit 1 h~0 i LC7 "iR~ A~FY IP,1t ! it{.-• 1, ~ `}C :: 135 Sc ~_. s ~~cerd - i' ~~ ;•o ai„rcva~_ =er nitarv ~~. i7it 'T(;~1 -:2$. You are hereby notified that no more work may be done ~' upon the premises until the above violations are corrected. If `•` you do not communicate with this office now, this matter will ~ be referred to the appropriate authorities for enforcement. Failure to correct the violations may subject you to a civil suit for an injunction, or a fine, or both; or to misdemeanor crimr ~_ nal prosecution, which upon conviction may carry a sentence ~~ of fine or imprisonment, or both. Date _ " k' - f ~.j Inspec r for Building Department r j~•„ , ' Building Department Address: 140 E. Hallam Sheet Phone: Aspen, Colorado 81611 DO NOT REMOVE THIS TAG