HomeMy WebLinkAboutpitkin.planning.264322303013 (5)DOCUMENT 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)
PARCEL ID:I2643-223-03-013/27 DATE RGVD:.~ N.(:OPICS:~ crest nulroor+-aa
CASE NAME: Moore Lot Line Adj Planners ~-
PROJ ADDR: 1100 McLain Flats Rd
OWNIAPP: Moore, Thomas A , e ADR~ ClSIZ~~ PHN:~~
REP: ADRk~~ C/S/Z:.~ PHN:~-
Email Addr: ALLOCATED HOURS:- '
FEES DUE:~~ FEES RCVD;~- %OVER: ~-
MTG DATE REV BODI
~_
REMARKS 2643-223-00-013 GF
CLOSED: BY;
PLAT RECORDED ~~
VR APPROVAL DATE: ~-
CASE TYP: ! Lot Line Adj
CASE TYP2:.:~-
CASE TYP37 ~-
CASE TYPO: ~-
"PH -NOTICED ' DATE'OF FINAL ACTION:
BOCC Reso: 89-95 #3178173
No ~- -
No I BOCC Ord: ~
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~ADMIN:
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CASE,TYPS~~
CASE TYPB',
CASETYP7
Date Scann
File Location: Box 177
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CASELOAD SUMMARY SHEET
Pitkin County
DATE RECEIVED: 6/23/89 PARCEL ID AND CASE NO.
DATE COMPLETE• 2643-223-00-013 &
2643-271-00-001 63A-89
STAFF MEMBER•
PROJECT NAME: Moore Lot Line Adjustment
Project Address-
APPLICANT: Thomas A. Moore et.al.
Applicant Address: ~30g j+IcLain Flats Road Asoen CO 5-2889
r I~0
REPRESENTATIVE: Jim Curtis
Representative Address/Phone: 117 S. Monarch
Ashen CO 81611 0-1395
PAID: YES NO AMOUNT: $775.00 NO. OF COPIES RECEIVED: 10
TYPE OF APPLICATION:
P&Z Meeting Date
1 STEP: X
BOCC Meeting Date ~~~ ~`~~ {
PUBLIC HEARING:
VESTED RIGHTS:
2 STEP:
YES NO
YES NO
PUBLIC HEARING: YES (r+~
VESTED RIGHTS: YES NO
Staff Level: 1041 Minor Hazard Review: Date of Approval
REFE LS:
attorney
Aspen Consol S.D. School District
-~/ Engineer Mtn. Bell Rocky Mtn Nat Gas
Housing Holy Cross State Hwy Dept
Aspen Water Fire Marshall (Glwd) (GrJtn)
,~Envir. Hlth. Snowmass Vill ~iZoning
Manager /FAA CO Geo. Survey
Div. Wildlife Div. Water Res. USFS (Aspen)
USFS (Carbondale)
Caucus
Other:
~ ~~
DATE REFERRED: INITIALS:
FINAL ROUTING: DATE ROUTED:
County Attorney
Housing
Other:
County Engineer Zoning
Envir. Health
FILE STATUS AND LOCATION:
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BOOK UU J PAGE 36 = < Y v
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RESOLUTION OF THE BOARD OF COUNTY COMMIS'~NEFj~ V
r°w W
OF PITKIN COUNTY, COLORADO, GRANTING THOMAS A. M~E L~'T.AL: AND
JAMES E. MOORE SUBDIVISION EXEMPTION FOR A LOT LINE ADJUSTMENT
Resolution No. 89~~
WHEREAS, Thomas A. Moore et.al. and James E. Moore
(hereinafter "Applicants") are the owners of real property in
Pitkin County; and
WHEREAS, said property is located on 1309 McLain Flats Road,
in Section 22, Township 9 South, Range 85 West, (legally
described in Exhibit "A"); and
WHEREAS, the Planning office has granted approval of a Minor
1041 Environmental Hazard Review, subject to conditions as noted
below; and,
'~ WHEREAS, the applicants have proposed a lot line adjustment
pursuant to Section 4-2.2(a)(2) of the Pitkin County Land Use
Code; and
WHEREAS, said adjustment is between Lot 19, a 17.28 acre
parcel owned by Thomas A. Moore et.al., and an adjacent 3.7 acres
.owned by James E. Moore and Thomas A. Moore et.al.; said 3.7
acres being a portion of a 313 acre tract owned by James E. Moore
and Thomas A. Moore et.al. and
WHEREAS, there will be a net gain of approximately 3.7 acres
to Lot 19 and a net loss of approximately 3.7 acres to the
adjacent James E. Moore and Thomas A. Moore et.al. parcel; and
WHEREAS, said adjustment will reconfigure Lot 19, which is
currently bisected by McLain Flats Road, to lie entirely west of
said Road; and
eaoK Gu9 PacE 37
Resolution No. 89-~
Page 2
WHEREAS, said adjustment will cause Lot 19 to become a
:~
conforming lot of record; and t
WHEREAS, the Board of County Commissioners considered the
Applicants request at a regularly scheduled public meeting on
August 29, 1989; and
WHEREAS, the proposed Lot Line Adjustment was found to be
consistent with the Pitkin County Land Use Code criteria for a
Lot Line Adjustment.
NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of
County Commissioners that it hereby grants a Subdivision
Exemption for a Lot Line Adjustment to Thomas A. Moore et.al. and
James E. Moore pursuant to Section 4-2.2(a)(2) of the Pitkin
County Land Use Code subject to the following conditions:
1) The applicant shall grant a fisherman's easement to Pitkin
County along the Roaring Fork River as it passes through the
Thomas A. Moore et.al. property. Said easement shall be a
non-exclusive easement granted to the public at large for
the purpose of fishing. Said easement shall extend to five
(5) feet above the high water mark on the property along the
bank of the said river. Said easement shall be recorded
concurrently with the Resolution and shall be in the form
attached hereto as Exhibit "B".
2) The applicant shall prepare a Lot Line Adjustment plat
indicating the adjusted lots and a building envelope on Lot
19, as adjusted. Said plat shall meet the approval of the
Planning Department and the County Attorney. Said plat
shall also indicate the Minor 1041 Review conditions of
approval as follows:
The Planning Office grants approval of the Minor 1041
Review based on the following conditions:
a) Any structure on site shall be restricted to a
~' height which is below the maximum allowable
elevation of 7,966', as determined by the airport
~uaK EU~ r~c~ 38
Resolution No. 89-~~
Page 3
manager prior to issuance of a building permit.
b) Well and septic system location shall be approved
by the Environmental Health Department prior to
issuance of a building permit.
c) Any building encroaching on slopes in excess of 30
percent shall be subject to a 1041 Environmental
Hazard Review.
APPROVED by the Board of County Commissioners of Pitkin
County at their regular meeting on August 29, 1989.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COIARADO
By~~~ ~. T~~
Colette Penne, CnhaQQirperson
~- ~M.Lh
AP OVED A CONTENT:
y M gerum,
Plan ng Direc
APPROVE TO pRM:
Thomas F. Smith,
County Attorney
,. .
BOON 6v~J FADE 139
EXIiIBIT A
A tract of land situate in Ivt 19 of Section 22, and Ints 3 and 22 of
Section 27, all in 4bwnship 9 South, Range 85 West of the 6th Principal
Meridian being more particularly described as follows:
Beginning at a point whence the witness turner to the South 1/4 Corner of
said Section 22 bears N 19°21'20" A' 376.48 feet; thence S 89°39'40" w
1216.86 feet to the west line of said Lot 22; thence N O1°03'29" E 355.96
feet along said west line; thence N 89°39'40" E 115.06 feet along the north
line of said Iot 22; thence N 00°19'45" W 615.93 feet along the west line
of said Lot 19 to a fence line; thence S 89°09'03" E 707.66 feet along said
fence line to the center of McLain Flats Ft~ad; thence 135.74 feet along the
arc of a 3300.00 foot radius curve to the right, having a central angle of
02°21'24" and subtending a chord bearing S 23°58'26" E 135.73 feet; thence
S 22°47'44" E 901.19 feet to the point of beginning, containing 21.000
acres mire or less.
.,
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BOOK ~UiJ NaGE 4 Q
FISHING EASEMENT
THIS EASEMENT is made this 1st day of October, 1989 and is
granted byT_'HOMAS A. MOORE, CAROLYN WHITE MOORE, KENNETH RANSOM,
SALLY MOORE RANSOM, MARSHALL GEER, III, and JANE MOORE GEER
(hereinafter referred to as "Grantor") to members of the PUBLIC
AT LARGE (hereinafter referred to as "Public") as an exaction by
the COUNTY OF PITKIN, STATE OF COLORADO (hereinafter referred to
as "County") in connection with approval of a Lot Line Adjustment.
WHEREAS, Grantors are the owners of certain real property
in Pitkin County, Colorado, legally described on Exhibit "A"
hereto, which property is traversed by the Roaring Fork River
(hereinafter referred to as "the Property");
WHEREAS, as an exaction and condition of approval by the
Board of County Commissioners of Pitkin County of Grantor's Lot
Line Adjustment Application on real property also owned by
Grantor (Lot 19 in Section 22, Township 9 South, Range 85 West
of the Sixth Principal Meridian), pursuant to Resolution 89-_
adopted August 29, 1989, Grantors have agreed to grant an
easement to allow the use of a described portion of their
property for fishing by members of the public;
WHEREAS, in exchange for said exaction and fishing easement
County has agreed to provide and guarantee to Grantor certain
land use and other enumerated benefits in connection with the
fishing easement;
NOW, THEREFORE, for Ten Dollars ($10.00) and other good and
valuable consideration, and in consideration of the mutual
covenants and conditions contained herein, Grantors agree as
follows:
1. Easement. Grantors hereby grant to the public at large
a non-exclusive easement for the purpose of fishing in the Roaring
Fork River where the same traverses property owned by Grantor. This
easement shall extend to five (5) feet above the high water mark
on the Property along the bank of the said river.
2. No Easement for Access. Nothing contained herein shall
be construed to grant an easement across any of the remainder of
the property owned by Grantors, or across any other real property
owned by Grantors or Grantors' family, for ingress and egress to
the Roaring Fork River or for access to or from any other property
or otherwise. This easement is solely for fishing by the public
along the course of the Roaring Fork River and shall be strictly
( construed.
<:v
3. No Interference. The exercise of rights granted
hereunder shall not unreasonably interfere with tl~e use of the
property burdened thereby.
P~,~N 6u9 ~a~E 41
4. No Waiver or Estoppel. The acceptance by County, on
behalf of the public, of the easement granted hereunder shall in
no way be deemed to be an acknowledgment by County that the Property
when conveyed to Grantors complied with then applicable subdivision
regulations of the Pitkin County Land Use Code, and County does
not waive any rights, and is not estopped from asserting any claims,
regarding said compliance.
5. Maintenance Hold Harmless and Insurance. The parties
expressly acknowledge that Grantor is entitled to the benefits,
protections and limitations on liability afforded by Colorado law
governing recreational easements, Section 33-41-101 et seq.,
C.R.S. By granting the easement hereunder, Grantors shall have
no additional obligation to repair, clear or otherwise maintain
the area within the easement, including without limitation the
river and the banks along the river within five (5) feet above
the high water mark, or to insure or indemnify County for any
injury, claim or damage to any person or property, whether
alleged to have occurred while using the easement for fishing
purposes or otherwise and due to the condition of the river or
its banks or otherwise.
By exacting and accepting the easement granted hereunder,
County agrees: (A) to defend and hold harmless Grantor and their
successors and assigns, to the full extent allowed under Colorado
law, for any injury, claim or damage to any person or property
using the easement, whether alleged to have occurred while using
the easement for fishing purposes or otherwise and due to the
condition of the river or its banks or otherwise; (B) to add
Grantor as a co-insured on any policy of liability insurance
carried by County and insuring against such claims or losses; and
(C) to reserve to Grantor the right to claim full credit for the
easement granted hereunder under the Pitkin County Land Use Code
in any future subdivision or other land use application or
approval relating to the Property or to any of the other property
formerly known as the C-L Ranch lying on either side of McLain
Flats Road and owned by Grantors and by James E. Moore.
6. Gates, Signs and Fences. Nothing in this Agreement
shall authorize or entitle County to erect or to remove any gates,
signs or fences on the Property or within the Easement granted
hereunder without the advance written consent of Grantors.
7. Running of Benefits and Burdens. All provisions of this
easement, including the benefits and burdens, run with the land
and are binding upon and inure to the benefit of successors and
assigns of the parties hereto.
BUUH 6LJJ PAVE 4~
~ IN WITNESS WHEREOF, Grantors have hereunto set their hands
and seals the date and year first above written.
THOMAS A. MOORE
~'
CAROLYN WHITE MOORE
KENNETH RANSOM
MARSHALL GEER, ZII
STATE OF COLORADO )
ss
COUNTY OF PITKIN )
SALLY MOORE RANSOM
JANE MOORE GEER
The foregoing instrument was acknowledged before me this _
day of 1989, by THOMAS A. MOORE and CAROLYN WHITE MOORE.
My commission expires:
Witness my hand and official seal.
Notary Public
(SEAL)
STATE OF COLORADO )
ss
COUNTY OF )
The foregoing instrument was acknowledged before me this- _
day of , 1989, by KENNETH RANSOM and SALLY MOORE RANSOM.
My commission expires:
Witness my hand and official seal.
Notary Public
(SEAL)
STATE OF ARIZONA )
ss
COUNTY OF )
The foregoing instrument was acknowledged before me this _
day of , 1989, by MARSHALL GEER, III and JANE MOORE GEER.
My commission expires:
( Witness my hand and official seal.
f '
Notary Public
(SEAL)
-~ ~ ..
BOOK ~~1~7 r'AI;E 43
EXHIBIT "A"
LOT 11, SECTION 27, TOWNSHIP 9 SOUTH, RANGE 85 WEST OF THE
6TH PRINCIPAL MERIDIAN, as deeded to Grantors by instruments
recorded December 21, 1979, in Book 380 at Page 995, and
January 3, 1980, in Book 381 at Page 638, and January 10,
1986, in Book 503 at Page 213, all in the official records
of the Clerk and Recorder's Office, Pitkin County, Colorado.
l../
AGENDA ITEM SUMMARY
TO: Board of County Commissioners
Regular Meeting - August 8, 1989
RE: Moore Lot Line Adjustment/Minor Hazard Revie~^ y~- ~~
FROM: Ellen Sassano, Planning Office
APPLICANT'S REPRESENTATIVE: Jim Curtis
ISSUE: Thomas A. Moore, et.al., is requesting approval of a
Subdivision Exemption for a Lot Line Adjustment between Lot 19,
owned by the applicant, and an adjacent 313 acre parcel owned by
James E. Moore. Lot 19 is currently an undeveloped non-
conforming lot which is 17.28 acres in size. The requested Lot
Line Adjustment is for the purpose of making Lot 19 a conforming
sized lot of record. In addition, the Adjustment will
reconfigure the lot, which is currently bisected by McLain Flats
Road , to lie west of said Road. There will be a net gain of
approximately 3.7 acres to Lot 19 and a net loss of approximately
3.7 acres to the adjacent Moore parcel.
This memo will also address a minor 1041 review of Lot 19 which
is authorized to be handled on a staff level pursuant to Section
5-400 of the Code.
LOCATION: 1309 McLain Flats Road, Lot 19, Section 22, Township 9
South, Range 85 West
STAFF RECOMMENDATION: Approve the Moore Lot Line Adjustment
between Lot 19 and the adjacent James Moore parcel subject to the
conditions listed in the Planning Office Memorandum dated August
8, 1989
els
AIS_MOORE_LLA
TO: Board of County Commissioners
FROM: Ellen Sassano, Planning Office
RE: Moore Lot Line Adjustment/Minor 1041 Review
DATE: August 8, 1989
BACKGROUND
APPLICANT: Thomas A. Moore, et. al.
APPLICANT'S
ZONING: RS-20
Jim Curtis
LOCATION: 1309 McLain Flats Road, Lot 19, Section 22, Township 9
South, Range 85 West
APPLICANT'S REQUEST: Thomas A. Moore, et.al., is requesting
approval of a Subdivision Exemption for a Lot Line Adjustment
between Lot 19, owned by the applicant, and an adjacent 313 acre
parcel owned by James E. Moore. Lot 19 is currently an
undeveloped non-conforming lot which is 17.28 acres in size. The
requested Lot Line Adjustment is for the purpose of making Lot 19
a conforming sized lot of record. In addition, the Adjustment
will reconfigure the lot, which is currently bisected by McLain
Flats Road, to lie west of said Road. There will be a net gain
of approximately 3.7 acres to Lot 19 and a net loss of
approximately 3.7 acres to the adjacent Moore parcel.
This memo will also address a minor 1041 review of Lot 19 which
is authorized to be handled on a staff level pursuant to Section
5-400 of the Code.
REFERRALS:
1) Environmental Health: Bob Nelson has reviewed the
application and. has the following comments:
SEWAGE TREATMENT AND COLLECTION: Sections 2-7 and 5-200:
The proposal does not directly affect the requirements of
our department. The applicant will, no doubt use some sort
of on-site wastewater disposal system. It is our opinion
that individual septic systems and absorption fields, with
one system for each of the units are a satisfactory means of
wastewater disposal and this department could permit this
type of system. Our previous evaluations of adjacent areas
around the Moore ranch and to the northwest of the building
sites have demonstrated that the soil conditions and charac-
teristics are suitable for most conventional applications of
septic tank-absorption system design. References leading us
to this conclusion include the previous Sludge Site Geologic
reports and the mapped by the Soil Conservation Service soil
units of the area.
While the submission does not address sewage systems for the
building sites, the typical subsoils of the area should be
permeable and can be used for the construction of a
satisfactory, standard sewage disposal system meeting Pitkin
County requirements. Most soils encountered are sandy,
cobbly soils, probably located on the easterly portions of
the lot. Occasionally, some of these soils are limited for
soil absorption systems due to the presence of large stones,
and a higher pollution hazard exists if used for wastewater
disposal due to very rapid permeability. This can be
mitigated by proper engineering techniques using suitable
imported soils.
ADEQUATE PROVISIONS FOR WATER NEEDS: Sections 2-6 and 5-
205:
The proposed lot line adjustment is not directly going to
affect this the water supply. Again, while not directly
addressed, we are going to assume a well is to be developed
on the site. Due to the proximity of the sludge disposal
site, we recommend that the well be drilled adjacent to the
easterly property boundary. Further, it is advisable to
perform extensive water quality testing of those parameters
possibly, but unlikely, to be effected by the migration of
the sludge residues into the ground water aquifers. We
believe that an adequate and satisfactory water supply can
be developed on the parcel.
AIR QUALITY: Sections 2-17 and 5-106:
No air quality impacts are expected from this proposal. Any
future development on the lot will require compliance with
applicable County regulations. There is no written commit-
ment to restrict development on the lots to comply with
County Air Quality regulations. Particularly in the area of
fireplace limitations and allowable types of installations,
the owner should be aware of applicable County regulations,
and that the future residence must comply to regulations in
effect at the time of building permit application.
NOISE: Section 2-23
No adverse noise impacts are anticipated from this proposal.
Noise which would adversely impact the occupants of adjacent
residences is not anticipated from the eventual building
2
project. The application should recognize that any
development on the constructed house will be restricted to
conform to noise regulations during the construction
schedule.
CONFORMANCE WITH OTHER LAWS: Section 2-2
This proposal is not anticipated to be in violation of any
other laws which fall under this department's authority.
2) Land Use Engineer: Tom Newland has reviewed the application
and has the following comment:
Impacts on the County Road System: The lot
will have no impacts on the County Road.
requested that the applicant consider gran
sufficient land along the McLain Flats Road
provide a 60' width. If the right-of-way
wide, no additional land will be required.
line adjustment
However, it is
ting the County
right-of-way to
is already 60'
3) Asst. Airport Manager: Rick Davis has reviewed the
application and has the following comments:
" Because the project only deals with a property line
adjustment rather than the construction of residences the
following comments will be germane only if there is
eventually a structure or structures built upon it.
It appears that a portion of the property may fall within
the 60 Ldn noise contour making that portion compatible or
marginally compatible with the development of family
dwelling units. The property in general falls within the
airport traffic pattern and therefore any prospective
developers should be advised that aircraft noise is certain
and at times may be a nuisance.
It also appears that the property ... is approximately 7800'
elevation above mean sea level. If true, this falls
significantly below the maximum allowable elevation of
7,966' within the airport's horizontal surface. However it
is strongly suggested that before the property ever has a
structure constructed upon it that this more thoroughly be
checked.
Please be advised regarding prospective property development
that the required stipulation of any Applicant entering into
a perpetual avigation easement with the County has not yet
been determined."
PLANNING OFFICE COMMENTS:
LOT LINE ADJUSTMENT
3
Section 4-2.2(a)(2) of the Land Use Code establishes a procedure
for a lot line adjustment as a subdivision exemption. A lot line
adjustment is permitted provided that the following five criteria
are met:
1. The adjustment creates not more than the original
number of lots.
2. The purpose or effect of the lot line adjustment is not
the creation of a new lot or parcel for development or
resale purposes.
3. In the case of conforming lots and parcels, any
resulting lot or parcel shall conform to the minimum
requirements for area or width established by the
provisions of the Code.
4. In the case of existing nonconforming lots or parcels,
any resulting lot or parcel shall not increase in
nonconformity.
5. All laws relating to the amendment of recorded plats
are complied with.
The lot line adjustment will not create any additional lots or
parcels. Nor will it create any additional density for
subdivision purposes. The present zoning of the site is RS-20
and the resulting parcels will be conforming in terms of size and
width. The applicant has agreed to prepare a plat for recording
which meets the approval of the Planning Department and the
County Attorney.
The applicant has requested that the subsequent purchaser of Lot
19, as adjusted, be allowed the right to apply for an employee
dwelling unit pursuant to section 3-8.13 of the Code. As the
adjusted lot will be conforming in size, the applicant will be
allowed the right to have an attached employee unit, subject to
review by the Board of County Commissioners. A detached employee
unit will not be an option on this site, as the lot does not have
adequate acreage to accommodate a second unit of density.
MINOR 1041 REVIEW - LOT 19
Lot 19 is currently undeveloped. With the exception of a steep
embankment in the southwest corner of the lot, the site is flat
open pasture land. The proposed building envelope does not
encroach on the embankment which contains slopes in excess of 30
percent.
The lot is accessed off of McLain Flats road and can be serviced
by telephone and electric lines currently in place on McLain
Flats Road. As there is already a 70' right-of-way in place on
4
McLain Flats road, there is no need to provide any more
additional right-of-way, as Tom Newland has suggested in his
memo.
The applicant proposes the use of well water and a septic system
to accommodate water and sewer service. Location of the well
should be such that it is not effected by the sludge disposal
site to the west of the property.
The site is highly visible from McLain Flats Road. Any building
should be set back as far off the road as possible to provide
privacy for the residents and to maintain the open character of
the area.
Finally, any purchaser of the lot should be made aware of it's
proximity to the airport and be advised that aircraft noise is
certain and may at times be a nuisance. Prior to construction of
a residence, the high point of the site and residence should be
determined as they relate to the maximum allowable elevation of
7,966' within the airport influence area's horizontal surface.
RECOMMENDATION:
The Planning Office recommends approval of the Lot Line
Adjustment between 'Lot 19 and the adjacent James Moore parcel
subject to the following conditions:
1) The applicant shall prepare a Lot Line Adjustment plat
indicating the lots and building envelopes. Said plat
shall meet the approval of the Planning Department and
the County Attorney. Said plat shall also indicate the
Minor 1041 Review conditions of approval as follows:
The Planning Office grants approval of the Minor 1041 Review
based on the following conditions:
a) Any structure on site shall be restricted to a height
which is below the maximum allowable elevation of
7,966', as determined by the airport manager prior to
issuance of a building permit.
b) Well and septic system location shall be approved by
the Environmental Health Department prior to issuance
of a building permit.
c) Any building encroaching on slopes in excess of 30
percent shall be subject to a 1041 Environmental Hazard
Review.
E LS
MEMO_MOORE_LLA
McFLYNN &PICKETT
LAWYERS
A PROFESSIONAL CORPORATION
THE SMITH-E LISHA HOUSE
320 WEST MAIN STREET. SUITE 1
P O. BOX I
ASPEN. COLORADO 81611
TIMOTHY McFLYN N*
MARTHA C. PICKETT
n,~o .oM~r.~ ~,. ~.~,a,w~.
October 22, 1989
~_
0 CT 2 9989
1(j •~ j v
5 :L l:lL f
TELEPHONE (3037 925-2211
TE LECOPIER (3031 9252442
Thomas Fenton Smith, Esquire
County Attorney
530 East Main Street
Aspen, Colorado 81611
RE: Moore Lot Line Adjustment
Dear Tom:
This is to advise you that there are no
mortgagees with interests in the real property
Lot Line Adjustment plat for Lot 19, approved
County Commissioners on August 29, 1989.
lienholders or
described in the
by the Board of
Ve~ ruly ours
~ `//p(/
Timothy c lyn
TM/kl a:lt/moor-ts.ltr
.~
n -.
OF COUNSEL
RANDALL L GEPHART
LAW OFFICES
Timothy McFlynn
A PROFESSIONAL CORPORATION
WHEELER SQUARE LAW OFFICES
315 EAST HUMAN AVENUE
P o Rox z
ASPEN. COLORADO B161i
September 27, 1989
Thomas Fenton Smith, Esq.
Pitkin County Attorney
Courthouse Plaza - Third Floor
530 E. Main Street
Aspen, Colorado 81611
n
303-925.8166
TELEFAX: 303-925-1090
M ESSAG E5:303-925-8789
Re: Moore Lot Line Adjustment - Fishing Easement
signature, and we will
le Plat, revised to
today. The Fishing
Exhibit "B" to the BOCC
circulate for approval
Thank you again for your cooperation and assistance. Let me
know if you have any questions.
Very sincerely,
~~---
Timothy McFlynn
Dear Tom:
In accordance with our discussions today with Ellen Sassano
and Jim Curtis at your office, I have further revised and now
enclose the Fishing Easement in final form.
I am circulating the Easement for
record the same contemporeously with tl
incorporate the changes we agreed upon
Easement, as revised, will also become
Resolution which Ellen will revise and
prior to recording.
cc: Ellen Sassano, Planning Department
Jim Curtis
Tom and Carolyn Moore
Ken and Sally Ransom
Marshall and Jane Geer
CALIFORNIA OFFICE - PARKIIU RST BUILDING. I85 PIER AVENUE. TOWER SUITE. SANTA MONICA CA 90405 213.3999201
,_
LAND USE COMPATIBILITY WITH DAY-NIGHT AVERAGE SOUND
LEVEL AT A SITE FOR BUILDINGS AS COMMONLY CONSTRUCTED
DAY-NIGHT AVERAGE SOUND LEVEL
LAND USE IN DECIBELS
50 (i0 70 l10
ReeWentlal-Single Famly,
Duplex, Mobile Moms
ReatdenlW-MuttlpN FamNy
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LAND USE IN DECIBELS
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ISBILL ASSOCIATES, INC.
AIRPORT CONSULTANTS DENVER, COLORADO
DES. o.c.c. ASPEN PITKIN COUNTY AIRPORT
ASPEN, COLORADO
DR. D.L.C.
OBSTRUCTIONS AND
cN. N.E.R. APPROACN ZONES
(PART 77 )
ARV N.D.I.
DATE JULY 1989 E%MIBIT 8
MEMORANDUM
T0. Ellen Sassano, Planning Office
FROM: Tom Newland,Land Use Engineer
RE: Moore Lot Line Adjustment
DATE: August 2, 1989
I have reviewed the information submitted and would like to forward
the following comments to you:
Plat Requirements: Although the applicant is applying for
exemption from the subdivision requirements, this does not relieve
it of the requirement to develop, submit and have recorded a plat
of the property. This plat should be drawn by a certified land
surveyor and include all language found in Appendix A of the land
use Code.
Impacts on the County Road System: The lot line adjustment will
have no impacts on the County Road. However, it is requested that
the applicant consider granting the County suffucent land along the
McLain Flats Road rigtxt-of-way to provide a 60-foot width. If the
right-of-way is already 60' wide, no additional land will be
reyuired.
Trails: The currently adopted trails master plan does not show a
trail through the property. However, it is requested that the
applicant consider granting the County a fisherman's easement along
Castle Creek as it passes by the property.
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AGENDA ITEM SUMMARY
TO: Board of County Commissioners
Regular Meeting - August 29, 1989
RE: Moore Lot Line Adjustment/Minor Hyaz~ard Review
FROM: Ellen Sassano, Planning Office ~:~"Yi'
APPLICANT'S REPRESENTATIVE: Jim Curtis
ISSUE: This case was reviewed before the Board on August 9,
1989. It was continued in order to give the applicant ample time
to respond to the Staff and Board's request for a fisherman's
easement on the Roaring Fork River as it passes through James
Moores property. The applicant has agreed to grant the easement.
A summary of the case follows:
Thomas A. Moore, et.al., is requesting approval of a Subdivision
Exemption for a Lot Line Adjustment between Lot 19, owned by the
applicant, and an adjacent 313 acre parcel owned by James E.
Moore. Lot 19 is currently an undeveloped non-conforming lot
which is 17.28 acres in size. The requested Lot Line Adjustment
is for the purpose of making Lot 19 a conforming sized lot of
record. In addition, the Adjustment will reconfigure the lot,
which is currently bisected by McLain Flats Road to lie west of
said Road. There will be a net gain of approximately 3.7 acres
to Lot 19 and a net loss of approximately 3.7 acres to the
adjacent Moore parcel.
This memo will also address a minor 1041 review of Lot 19 which
is authorized to be handled on a staff level pursuant to Section
5-400 of the Code.
LOCATION: 1309 McLain Flats Road, Lot 19, Section 22, Township 9
South, Range 85 West
STAFF RECOMMENDATION: Approve the Moore Lot Line Adjustment
between Lot 19 and the adjacent James Moore parcel subject to the
conditions listed in the Planning Office Memorandum dated August
29, 1989.
TO: Board of County Commissioners
FROM: Ellen Sassano, Planning Office
RE: Moore Lot Line Adjustment/Minor 1041 Review
DATE: August 29, 1989
BACRGROUND
APPLICANT: Thomas A. Moore, et. al.
APPLICANT'S REPRESENTATIVE: Jim Curtis
ZONING: RS-20
LOCATION: 1309 McLain Flats Road, Lot 19, Section 22, Township 9
South, Range 85 West
APPLICANT'S REQUEST: Thomas A. Moore, et.al., is requesting
approval of a Subdivision Exemption for a Lot Line Adjustment
between Lot 19, owned by the applicant, and an adjacent 313 acre
parcel owned by James E. Moore. Lot 19 is currently an
undeveloped non-conforming lot which is 17.28 acres in size. The
requested Lot Line Adjustment is for the purpose of making Lot 19
a conforming sized lot of record. In addition, the Adjustment
will reconfigure the lot, which is currently bisected by McLain
Flats Road, to lie west of said Road. There will be a net gain
of approximately 3.7 acres to Lot 19 and a net loss of
approximately 3.7 acres to the adjacent Moore parcel.
This memo will also address a minor 1041 review of Lot 19 which
is authorized to be handled on a staff level pursuant to Section
5-400 of the Code.
REFERRATS:
1) Environmental Health: Bob Nelson has reviewed the
application and has the following comments:
SEWAGE TREATMENT AND COLLECTION: Sections 2-7 and 5-200:
The proposal does not directly affect the requirements of
our department. The applicant will, no doubt use some sort
of on-site wastewater disposal system. It is our opinion
that individual septic systems and absorption fields, with
one system for each of the units are a satisfactory means of
wastewater disposal and this department could permit this
type of system. Our previous evaluations of adjacent areas
around the Moore ranch and to the northwest of the building
sites have demonstrated that the soil conditions and charac-
teristics are suitable for most conventional applications of
septic tank-absorption system design. References leading us
to this conclusion include the previous Sludge Site Geologic
reports and the mapped by the Soil Conservation Service soil
units of the area.
While the submission does not address sewage systems for the
building sites, the typical subsoils of the area should be
permeable and can be used for the construction of a
satisfactory, standard sewage disposal system meeting Pitkin
County requirements. Most soils encountered are sandy,
cobbly soils, probably located on the easterly portions of
the lot. Occasionally, some of these soils are limited for
soil absorption systems due to the presence of large stones,
and a higher pollution hazard exists if used for wastewater
disposal due to very rapid permeability. This can be
mitigated by proper engineering techniques using suitable
imported soils.
ADEQUATE PROVISIONS FOR WATER NEEDS: Sections 2-6 and 5-
205•
The proposed lot line adjustment is not directly going to
affect this the water supply. Again, while not directly
addressed, we are going to assume a well is to be developed
on the site. Due to the proximity of the sludge disposal
site, we recommend that the well be drilled adjacent to the
easterly property boundary. Further, it is advisable to
perform extensive water quality testing of those parameters
possibly, but unlikely, to be effected by the migration of
the sludge residues into the ground water aquifers. We
believe that an adequate and satisfactory water supply can
be developed on the parcel.
AIR QUALITY: Sections 2-17 and 5-106:
No air quality impacts are expected from this proposal. Any
future development on the lot will require compliance with
applicable County regulations. There is no written commit-
ment to restrict development on the lots to comply with
County Air Quality regulations. Particularly in the area of
fireplace limitations and allowable types of installations,
the owner should be aware of applicable County regulations,
and that the future residence must comply to regulations in
effect at the time of building permit application.
NOISE: Section 2-23
No adverse noise impacts are anticipated from this proposal.
Noise which would adversely impact the occupants of adjacent
residences is not anticipated from the eventual building
2
project. The application should recognize that any
development on the constructed house will be restricted to
conform to noise regulations during the construction
schedule.
2)
3)
CONFORMANCE WITH OTHER LAWS: Section 2-2
This proposal is not anticipated to be in violation of any
other laws which fall under this department's authority.
Land Use Engineer: Tom Newland has reviewed the application
and has the following comment:
Impacts on the County Road System: The lot
will have no impacts on the County Road.
requested that the applicant consider gran
sufficient land along the McLain Flats Road
provide a 60' width. If the right-of-way
wide, no additional land will be required.
line adjustment
However, it is
ting the County
right-of-way to
is already 60'
Trails: It is requested that the applicant consider
granting the County a fisherman's easement along the Roaring
Fork River as it passes through the James Moore property.
Asst. Airport Manager: Rick Davis has reviewed the
application and has the following comments:
Because the project only deals with a property line
adjustment rather than the construction of residences the
following comments will be germane only if there is
eventually a structure or structures built upon it.
It appears that a portion of the property may fall within
the 60 Ldn noise contour making that portion compatible or
marginally compatible with the development of family
dwelling units. The property in general falls within the
airport traffic pattern and therefore any prospective
developers should be advised that aircraft noise is certain
and at times may be a nuisance.
It also appears that the property ... is approximately 7800'
elevation above mean sea level. If true, this falls
significantly below the maximum allowable elevation of
7,966' within the airport's horizontal surface. However it
is strongly suggested that before the property ever has a
structure constructed upon it that this more thoroughly be
checked.
Please be advised regarding prospective property development
that the required stipulation of any Applicant entering into
a perpetual avigation easement with the County has not yet
been determined."
3
PLANNING OFFICE COMMENTS:
LOT LINE ADJUSTMENT
Section 4-2.2(a)(2) of the Land Use Code establishes a procedure
for a lot line adjustment as a subdivision exemption. A lot line
adjustment is permitted provided that the following five criteria
are met:
1. The adjustment creates not more than the original
number of lots.
2. The purpose or effect of the lot line adjustment is not
the creation of a new lot or parcel for development or
resale purposes.
3. In the case of conforming lots and parcels, any
resulting lot or parcel shall conform to the minimum
requirements for area or width established by the
provisions of the Code.
4. In the case of existing nonconforming lots or parcels,
any resulting lot or parcel shall not increase in
nonconformity.
5. All laws relating to the amendment of recorded plats
are complied with.
The lot line adjustment will not create any additional lots or
parcels. Nor will it create any additional density for
subdivision purposes. The present zoning of the site is RS-20
and the resulting parcels will be conforming in terms of size and
width. The applicant has agreed to prepare a plat for recording
which meets the approval of the Planning Department and the
County Attorney.
The applicant has requested that the subsequent purchaser of Lot
19, as adjusted, be allowed the right' to apply for an employee
dwelling unit pursuant to section 3-8.13 of the Code. As the
adjusted lot will be conforming in size, the applicant will be
allowed the right to have an attached employee unit, subject to
review by the Board of County Commissioners. A detached employee
unit will not be an option on this site, as the lot does not have
adequate acreage to accommodate a second unit of density.
MINOR 1041 REVIEW - LOT 19
Lot 19 is currently undeveloped. With the exception of a steep
embankment in the southwest corner of the lot, the site is flat.!
open pasture land. The proposed building envelope does not
encroach on the embankment which contains slopes in excess of 30
percent.
4
The lot is accessed off of McLain Flats road and can be serviced
by telephone and electric lines currently in place on McLain
Flats Road. As there is already a 70' right-of-way in place on
McLain Flats road, there is no need to provide any more
additional right-of-way, as Tom Newland has suggested in his
memo.
The applicant proposes the use of well water and a septic system
to accommodate water and sewer service. Location of the well
should be such that it is not effected by the sludge disposal
site to the west of the property.
The site is highly visible from McLain Flats Road. Any building
should be set back as far off the road as possible to provide
privacy for the residents and to maintain the open character of
the area.
Finally, any purchaser of the lot should be made aware of it's
proximity to the airport and be advised that aircraft noise is
certain and may at times be a nuisance. Prior to construction of
a residence, the high point of the site and residence should be
determined as they relate to the maximum allowable elevation of
7,966' within the airport influence area's horizontal surface.
The Planning Office recommends approval of the Lot Line
Adjustment between Lot 19 and the adjacent James Moore parcel
subject to the following conditions:
1) The applicant shall grant a fisherman's easement to
Pitkin County along the Roaring Fork River as it passes
through the James Moore property. Said easement shall
be a non-exclusive easement granted to the public at
large for the purpose of fishing. Said easement shall
extend from five (5) feet of the high water mark on the
property to the center line of the Roaring Fork River.
Said easement shall be recorded concurrently with the
Resolution.
2) The applicant shall prepare a Lot Line Adjustment plat
indicating the lots and building envelopes. Said plat
shall meet the approval of the Planning Department and
the County Attorney. Said plat shall also indicate the
Minor 1041 Review conditions of approval as follows:
The Planning Office grants approval of the Minor 1041 Review
based on the following conditions:
a) Any structure on site shall be restricted to a height
which is below the maximum allowable elevation of
5
7,966', as determined by the airport manager prior to
issuance of a building permit.
b) Well and septic system location shall be approved by
the Environmental Health Department prior to issuance
of a building permit.
c) Any building encroaching on slopes in excess of 30
percent shall be subject to a 1041 Environmental Hazard
Review.
E LS
MEMO_MOORE_LLA
6
~ ASPEN4PITKIN
`.r
ENVIRONMENTAL HEALTH DEPARTMENT
MEMORANDUM
To: Ellen Sassano, Planning Office
From: Bob Nelson, Environmental Health Officer ~~~
Date: August 2, 1989
Re: Moore Lot Line Adjustment
Parcel ID# 2643-223-00-013 & 2643-271-00-001
The Aspen/Pitkin Environmental Health Department has reviewed the
Moore Lot line Adjustment under authority of the Pitkin County
Code, Title IZ, and has the following comments.
SEWAGE TREATMENT AND COLLECTION: Sections 2-7 and 5-200:
The proposal does not directly affect the requirements of our
department. The applicant will, no doubt use some sort of on-
site wastewater disposal system. It is our opinion that
individual septic systems and absorption fields, with one system
for each of the units are a satisfactory means of wastewater
disposal and this department could permit this type of system.
Our previous evaluations of adjacent areas around the Moore ranch
and to the northwest of the building sites have demonstrated that
the soil conditions and characteristics are suitable for most
conventional applications of septic tank-absorption system
design. References leading us to this conclusion include the
previous Sludge Site Geologic reports and the mapped by the Soil
Conservation Service soil units of the area.
While the submission does not address sewage systems for the
building sites, the typical subsoils of the area should be
permeable and can be used for the construction of a satisfactory,
standard sewage disposal system meeting Pitkin County
requirements. Most soils encountered are sandy, cobbly soils,
probably located on the easterly portions of the lot.
Occasionally, some of these soils are limited for soil absorption
systems due to the presence of large stones, and a higher
pollution hazard exists if used for wastewater disposal due to
very rapid permeability. This can be mitigated by proper
engineering techniques using suitable imported soils.
ADEQUATE PROVISIONS FOR WATER NEEDS• Sections 2-6 and 5-205:
The proposed lot line adjustment is not directly going to affect
this the water supply. Again, while not directly addressed, we
are going to assume a well is to be developed on the site. Due
to the proximity of the sludge disposal site, we recommend that
the well be drilled adjacent to the easterly property boundary.
'130 South Galena Street Aspen, Colorado 8'16'1'1 303/980-8070
Further, it is advisable to perform extensive water quality
testing of those parameters possibly, but unlikely, to be
effected by the migration of the sludge residues into the ground
water aquifers. We believe that an adequate and satisfactory
water supply can be developed on the parcel.
AIR QUALITY: Sections 2-17 and 5-106•
No air quality impacts are expected from this proposal. Any
future development on the lot will require compliance with
applicable County regulations. There is no written commitment to
restrict development on the lots to comply with County Air
Quality regulations. Particularly in the area of fireplace
limitations and allowable types of installations, the owner
should be aware of applicable County regulations, and that the
future residence must comply to regulations in effect at the time
of building permit application.
NOISE: Section 2-23
No adverse noise impacts are anticipated from this proposal.
Noise which would adversely impact the occupants of adjacent
residences is not anticipated from the eventual building project.
The application should recognize that any development on the
constructed house will be restricted to conform to noise
regulations during the construction schedule.
CONFORMANCE WITH OTHER LAWS: Section 2-2
This proposal is not anticipated to be in violation of any other
laws which fall under this department's authority.
M fi M O R A N D U M
T0: fillen Sassano, Planning Office.
FROM: Rick Davis, Asst. Airport Mgr.
DATE: 24 July 1989
Rfi: Moore Lot Line Adjustment.
We have completed a review and analysis of the attached
property line adjustment from an airport standpoint. Because the
project only deals with a property line adjustment rather than the
construction of residences the following comments will be germane
only if there is eventually a structure or structures built upon
it.
It appears that a portion of the property may fall within the
60 Ldn noise contour making that portion compatible or marginally
compatible with the development of family dwelling units. The
property in general falls within the airport traffic pattern and
therefore any prospective developers should be advised that
aircraft noise is certain and may at times be a nuisance.
It also appears that the property at issue here is
approximately 7800' elevation above mean sea level. If true this
falls significantly below the maximum allowable elevation of 7966'
within the airports horizontal surface. However, it is strongly
suggested that before the property ever has a structure constructed
upon it that this more thoroughly be checked.
Please be advised regarding prospective property development
that the required stipulation of any Applicant entering into a
perpetual avigation easement with the County has not yet been
determined. If you have any further questions or information please
feel free to contact me.
ORIGINAL
FISHING EASEMENT
THIS EASEMENT is made this 1st day of October, 1989 and is
granted by THOMAS A. MOORS, CAROLYN WHITE MOORS, KENNETH RANSOM,
SALLY MOORS RANSOM, MARSHALL GEER, III, and JANE MOORS LEER
(hereinafter referred to as "Grantor") to members of the PUBLIC
AT LARGE (hereinafter referred to as "Public") as an exaction by
the COUNTY OF PITKIN, STATE OF COLORADO (hereinafter referred to
as "County") in connection with approval of a Lot Line Adjustment.
WITNESSETH
WHEREAS, Grantors are the owners of certain real property
in Pitkin County, Colorado, legally described on Exhibit "A"
hereto, which property is traversed by the Roaring Fork River
(hereinafter referred to as "the Property");
WHEREAS, as an exaction and condition of approval by the
Board of County Commissioners of Pitkin County of Grantor's Lot
Line Adjustment Application on real property also owned by
Grantor (Lot 19 in Section 22, Township 9 South, Range 85 West
of the Sixth Principal Meridian), pursuant to Resolution 89-
adopted August 29, 1989, Grantors have agreed to grant an
easement to allow the use of a described portion of their
property for fishing by members of the public;
WHEREAS, in exchange for said exaction and fishing easement
County has agreed to provide and guarantee to Grantor certain
land use and other enumerated benefits in connection with the
fishing easement;
NOW, THEREFORE, for Ten Dollars ($10.00) and other good and
valuable consideration, and in consideration of the mutual
covenants and conditions contained herein, Grantors agree as
follows:
1. Easement. Grantors hereby grant to the public at large
a non-exclusive easement for the purpose of fishing in the Roaring
Fork River where the same traverses property owned by Grantor. This
easement shall extend to five (5) feet above the high water mark
on the Property along the bank of the said river.
2. No Easement for Access. Nothing contained herein shall
be construed to grant an easement across any of the remainder of
the property owned by Grantors, or across any other real property
owned by Grantors or Grantors' family, for ingress and egress to
the Roaring Fork River or for access to or from any other property
or otherwise. This easement is solely for fishing by the public
along the course of the Roaring Fork River and shall be strictly
construed.
3. No Interference. The exercise of rights granted
hereunder shall not unreasonably interfere with the use of the
property burdened thereby.
~,
4. No Waiver or Estoppel. The acceptance by County, on
behalf of the public, of the easement granted hereunder shall in
no way be deemed to be an acknowledgment by County that the Property
when conveyed to Grantors complied with then applicable subdivision
regulations of the Pitkin County Land Use Code, and County does
not waive any rights, and is not estopped from asserting any claims,
regarding said compliance.
5. Maintenance, Hold Harmless and Insurance. The parties
expressly acknowledge that Grantor is entitled to the benefits,
protections and limitations on liability afforded by Colorado law
governing recreational easements, Section 33-41-101 et sea.,
C.R.S. By granting the easement hereunder, Grantors shall have
no additional obligation to repair, clear or otherwise maintain
the area within the easement, including without limitation the
river and the banks along the river within five (5) feet above
the high water mark, or to insure or indemnify County for any
injury, claim or damage to any person or property, whether
alleged to have occurred while using the easement for fishing
purposes or otherwise and due to the condition of the river or
its banks or otherwise.
By exacting and accepting the easement granted hereunder,
County agrees: (A) to defend and hold harmless Grantor and their
successors and assigns, to the full extent allowed under Colorado
law, for any injury, claim or damage to any person or property
using the easement, whether alleged to have occurred while using
the easement for fishing purposes or otherwise and due to the
condition of the river or its banks or otherwise; (B) to add
Grantor as a co-insured on any policy of liability insurance
carried by County and insuring against such claims or losses; and
(C) to reserve to Grantor the right to claim full credit for the
easement granted hereunder under the Pitkin County Land Use Code
in any future subdivision or other land use application or
approval relating to the Property or to any of the other property
formerly known as the C-L Ranch lying on either side of McLain
Flats Road and owned by Grantors and by James E. Moore.
6. Gates, Sions and Fences. Nothing in this Agreement
shall authorize or entitle County to erect or to remove any gates,
signs or fences on the Property or within the Easement granted
hereunder without the advance written consent of Grantors.
7. Running of Benefits and Burdens. All provisions of this
easement, including the benefits and burdens, run with the land
and are binding upon and inure to the benefit of successors and
assigns of the parties hereto.
IN WITNESS WHEREOF, Grantors have hereunto set their hands
and seals the date and year first above written.
.A
THOMAS A. MOORE
KE TH S
^LL EER, III
STATE OF COLORADO )
ss
COUNTY OF PITKIN )
CARD N W-HyI,~T,E MOORE
SALLY O RANSOQM~
~iJANE MOORE GEER
The foregoing instrument was acknowledged before me this 29~
day of ~¢p~-C,~L„~ 1989, by THOMAS A. MOORE and CAROLYN WHITE MOORE.
My commission expire
Witness my hand and
(SEAL}
Si'ATE OF COLORADO )
COUNTY OF PITKI~ )
ss
The foregoing instrument was acknowledged before me this ~_~
day of ~,.,, 1989, by KENNETH RANSOM and SALLY MOORE RANSOM.
My commission expires: « ~-A 9 ~
Witness my hand and official seal
(SEAL)
STATE OF ARIZONA )
ss
COUNTY OF%2)
The fore oing instrument was acknowledged before me this ~_~
day of 1989, by MARSHALL GEER, III and JANE MOORE GEER.
My commission expires: ,5-- _ ~
Witness my hand and officia seal. n
otary Public
(SEAL)
EXHIBIT "A"
LOT 11, SECTION 27, TOWNSHIP 9 SOUTH, RANGE 85 WEST OF THE
6TH PRINCIPAL MERIDIAN, as deeded to Grantors by instruments
recorded December 21, 1979, in Book 380 at Page 995, and
January 3, 1980, in Book 381 at Page 638, and January 10,
1986, in Book 503 at Page 213, all in the official records
of the Clerk and Recorder's Office, Pitkin County, Colorado.
l
POAER OF ATTORNEY
(LIMITED)
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,
reposing special trust and confidence in THOMAS A. MOORE of the
County of Pitkin, State of Colorado, have made, constituted and
appointed, and by these presents do make, constitute and appoint
the said THOMAS A. MOORE our true and lawful attorney-in-fact to
act for us and in our name, place and stead, and for our sole use
and benefit, with full power and authority to do and perform each
and every act necessary, as fully as we might do if personally
present, to accomplish and complete the following act or transac-
tion, to wit:
Execute, File and Process through Approval by the
Board of County Commissioners of Pitkin County, and
recordation of the resultant Plat in the Official
Records of Pitkin County, Colorado, an Application for
Lot Line Adjustment, pursuant to Section 4-2 of the
Pitkin County Land Use Code, affecting and concerning
Lot 19 in Section 22, Township 9 South, Range 85 West
of the Sixth Principal Meridian, in order to make said
Lot 19 a twenty-acre conforming lot lying entirely
to the west of McLain Flats Road.
This Power of Attorney shall not be affected by disability
of any of the principals and shall automatically expire by its
own terms upon completion of the limited purposes set forth
above.
This Power of Attorney may be executed by the parties in
multiple counterparts, each of which shall constitute an original
but all of which taken together shall constitute one and the same
document.
Executed this f~ day of June,
KENNETH RANSOM, SALLY MOORE RANSOM,
MOORE GEER and JAMES E. MOORE.
~' ,c~.~~s l~J~~;.-~ ~~--
CAR YN WHITE MOORE
1989, by CAROLYN WHITE MOORE,
MARSHALL GEER, III, JANE
KENNETH RANSOM
SALLY MOORE RANSOM
JANE MOORE GEER
MARSHALL GEER, III
` CliN'U7~J~
JAMES E. MOORE
1
STATE OF COLORADO )
COUNTY OF PITKIN )
ss
The foregoing
day of June, 1989,
Ml~ commission
Wiliness my ha
(SEAL)
instrument was acknowledged before me this _
by Carolyn White Moore.
expires: /(-,~~ ~t'~~
1d and official seal. ~~~/// ~J~~~~~
Notary P bl ~c ~~~
STATE OF COLORADO )
ss
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of June, 1989, by Kenneth Ransom.
My commission expires:
Witness my hand and official seal.
(SEAL)
Notary Publ
STATE OF COLORADO )
ss
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of June, 1989, by Sally Moore Ransom.
My commission expires:
Witness my hand and official seal.
(SEAL)
Notary Public
2
STATE OF ARIZONA )
ss
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of June, 1989, by Marshall Geer, III.
My commission expires:
Witness my hand and official seal.
(SEAL)
STATE OF ARIZONA )
ss
COUNTY OF )
Notary Public
The foregoing instrument was acknowledged before me this
day of June, 1989, by Jane Moore Geer.
My commission expires:
Witness my hand and official seal.
(SEAL)
STATE OF COLORADO )
SS
COUNTY OF PITKIN )
Notary Public
The foregoing instrument was acknowledged before me this
day of June, 1989, by James E. Moore.
My commission expires: /~'~J ~~
Wi'tress my hand and official seal.
(SEAL)
L/ ~ ~-~~
nut" /i. ~~i ~ l~ ti,~-~ .{~.z,
Notary Public
3
~.
v .,,,•
MOORE PROPERTY
LOT 19 LOT LINE ADJUSTMENT APPLICATION
JUNE 19, 1989
Submitted to: Pitkin County Planning Department
130 South Galena Street
Aspen, Colorado 81611
303 / 920-5090
Owner/Applicant:
Project Consultants:
James E. Moore Family
c/o Thomas A. Moore
1309 McLain Flats Road
Aspen, Colorado 81611
303 / 925-2889
Mr. Timothy McFlynn, Legal
315 East Hyman Avenue
Aspen, Colorado 81611
303 / 925-8166
Mr. Jim Curtis, Planning
117 So. Monarch Street
Aspen, Colorado 81611
303 / 920-1395
PITKIN Q~[JN'PY
LAND USE APPLICATION FORM
...
PROJECT NUMBER
Section Parcel
DATE SUEMITTID
NAME Lot 19 Lot Line Adjustment c/o Mr. Timothy McFlynn, Attorney
ADDRESS 315 East Hyman Avenue, Aspen, Colorado 81611
PHONE 303 / 925-8166
NAME OF PRQTECT Moore Property, Lot 19 Lrot Line Adjustment
PROJFX•P LOCATION 1309 McLain Flats Road
T(7PAL AREA Lot 19 (17.28 ac.) owned by Thomas A. Moore, et. al, and
Adjacent Property (313 ac. approximately) owned by James E. Moore.
EXISTING USE Undeveloped non-conforming lot used as open pasture land.
PROPOSID [bE Lot line adjustment to make the existing non-conforming lot
of 17.28 ac. a conforming lot of 21.0 ac.
PRESENT 7ANING ~' SITE RS-20 (1 unit/20 acres)
OF LADID USE PROPOSAL Loot line adjustment to make the existing non-
conforming lot of 17.28 ac. a conforming lot of 21.0 ac.
'IU BE OOMPLETID B1' PLANNIIQ3 OFFICE
TYPE ~' APPLICATION REZONING _ SUBDIVISION
_ P.U.D. _ E}~3~TZON
_ SPECIAL REVIEW 35-ACRE + SUBDIVISION
BUILDIN'i PERMIT REVIEW
REVIEW PHASE: PRE-APPLICATION DATE QJNIPLEI'ID
GENERAi, SUBMISSION P.C. ACPION DATE
BOARD PLTION DATE
DETAILID SUBMISSION P.C. ACTION DATE
BOARD ACPION DATE
FINAL PLAT BOARD ACTION DATE
F.,
~..
APPLICATION SUMMARY
This application is for the following:
1. Lot Line Adjustment and exemption from the definition of the
terms "Subdivision" and "Subdivided Land" under Section
4.2.2(2) of the Land Use Code.
2. 1041 Environment Review for Lot 19 As Adjusted.
3. Request for the right to apply for an accessory employee
dwelling unit on Lot 19 As Adjusted under Section 3-8.13 of
the Land Use Code.
The Lot Line Adjustment is illustrated by the drawings on the
following pages.
Lot Line Adjustment
Pursuant to Section 4.2.2(2) of the Land Use Code, THOMAS A.
MOORE, CAROLYN WHITE MOORE, SALLY MOORE RANSOM, KENNETH RANSOM,
JANE MOORE GEER and MARSHALL GEER III (Thomas A. Moore, et. al)
and JAMES E. MOORE hereby apply for approval from the Board of
County Commissioners, Pitkin County, Colorado, of exemption from
the terms "subdivision" and "subdivided land" in order to effect a
Lot Line Adjustment.
Lot 19 (17.28 ac. ) is owned by Thomas A. Moore, et. al, by
virture of a Warranty Deed from James E. Moore, dated December 30,
1969 and recorded December 31, 1969 in Book 245 at Page 659
(Reception No. 138617) of the records of the Pitkin County Clerk
and Recorder. The Adjacent Property (313 acres approximately) is
owned by James E. Moore under the ownership provisions of the Land
Use Code. Lot 19 was conveyed to Thomas A. Moore, et. al, in full
compliance with all applicable Land Use Codes and Subdivision
regulations in effect as of December 30, 1969, and is recognized
by Pitkin County as a legally subdivided non-conforming size lot
of record. The requested Lot Line Adjustment is for the purpose
of making Lot 19 a conforming size lot of record and reconfiguring
the lot to logically lie west of McLain Flats. Road rather than
being bisected by said Road.
The requested Lot Line Adjustment does not contravene or undermine
any policies or regulations set forth in the Land Use Code. The
Lot Line Adjustment fulfills the criteria of Section 4-2.2(2) as
described below:
1
e$~ ~; ~ ~~ ~ ~ ~ ~II
~ ~~~~ ~
"~ ~
A. The adjustment will not create more than the original
number of parcels. 'T'here currently exist two parcels, Lot 19
(17.28 ac.) owned by Thomas A. Moore, et. al, and the Adjacent
Property (313 ac. approximately) owned by James E. Moore and
unsubdivided. The Lot Line Adjustment will result in the same
number of two parcels, Lot 19 As Adjusted (21.0 ac.) and the
Adjacent Property (309 ac. approximately). No increase in the
zoned density will result from the Lot Line Adjustment as shown
below.
As Existing
Lot 19 17.28 ac. @ RS-20 = 1 unit @ mn-conforming lot size
Adjacent Property 313.00 ac. @ RS-20 = 15 units @ zone3 density
330.28 ac. 16 units total
As Adjusted
lot 19 As Ptljusted 21.00 ac. @ RS-20 = 1 unit @ conforming lot size
Adjacent Property 309.28 ac. @ RS-20 = 15 units @ zone3 density
330.28 ac. 16 units total
B. The purpose and effect of the Lot Line Adjustment is
not the creation of a new parcel, substantially different in size
or dimensions, for resale. The Lot Line Adjustment is requested
to make Lot 19 a conforming size lot of 21.0 acres in accordance
with its RS-20 zoning. No new resale potential is created as
Thomas A. Moore, et. al, has the right to sell Lot 19 as existing
and plans to sell Lot 19 as reconfigured. No new density is
created by the Lot Line Adjustment as shown above.
C. The Lot 19 As Adjusted will be a conforming size lot of
21.0 acres under its RS-20 zoning (1 unit/20 acres).
D. The Lot 19 As Adjusted will become a conforming size lot
thus eliminating its existing non-conformity and will be
reconfigured to lie to the west of McLain Flats Road, whereas Lot
19 is presently bisected by said Road.
E. The laws relating to the amendment of recorded. plats
are not applicable to this application.
1041 Environmental Review
Based on a review of the CSU 1041 environmental maps, no
1041 factors affect the Lot 19 As Adjusted. The lot is flat open
pasture land with no 1041 building constraints.
2
v
Employee Dwelling Unit
The applicants request that Lot 19 As Adjusted have the
right to apply for an Employee Dwelling Unit under Section 3-8.13
of the Land Use Code. Lot 19 As Adjusted will be a conforming
size lot of 21.0 acres and therefore would comply with the
Employee Dwelling Unit criteria of Section 3-8.13. This request
is so that the subsequent Purchaser of Lot 19 As Adjusted could
apply for an Employee Dwelling Unit if he chooses.
Miscellaneous Application Information
Enclosed herewith and incorporated herein by this reference
are the following:
A. Disclosure of Ownership. Title Insurance Policies for
Lot 19 "Thomas A. Moore, et. al" and Adjacent Property "James E.
Moore" have been submitted to the Planning Office. A Power of
Attorney has been granted to Thomas A. Moore to act on behalf of
the family regarding the application and has been submitted to
the Planning Office. No liens exist on the affected property.
B. Survey Plat. Lot 19 As Adjusted survey plat has been
prepared by Schmueser, Gordon, Meyer, Engineers and Surveyors,
and has been submitted to the Planning Office.
C. Legal Opinion Letter. Mr. Timothy McFlynn, Attorney,
has submitted a Legal Opinion Letter to the County Attorney
setting forth his opinion as to the legal subdivision and
conveyance of Lot 19 in 1969.
3
OFCOUNSEL
RANDALL L. GEPHART
LAW OFFICES
Timothy McFlynn
A PROFESSIONAL CORPORA710N
WHEELER SOUARE LAW OFFICES
315 EAST HYM AN AVENUE
P.O. BO% I
ASPEN. COLORADO 81611
May 4, 1989
Thomas Fenton Smith, Esq.
Pitkin County Attorney
Courthouse Plaza, Third Floor
530 E. Main Street
Aspen, Colorado 81611
303-925-8166
TELEFAX: 303925-1090
M ESSAG ES: 303-9 2 5-8789
Re: Moore Lot Line Adjustment• Lot 19 in Section 22, T95, R85W
llear Tom:
Thank you for our pre-application meeting with Jim Curtis
regarding the above-referenced Lot Line Adjustment.
The purpose of this letter is to confirm that the subject
Lot 19 was legally created by virtue of a December 30, 1969
warranty Deed, in full compliance with all tYzerz-existing land use
and subdivision regulations. A copy of the Deed is attached.
As you know, Pitkin County Subdivision Regulations were
originally adopted by BOCC resolution on June 6, 1966, but were
of limited application. First, the Regulations were only
applicable "to the sub-dividing of land within the zoned area of
Pitkin County." It was not until July 6, 1970 that these Regu-
lations were "extended to the entire County" by BOCC resolution.
Second, Paragraph II of the regulations expressly define '°subdi-
vision" so as to limit their applicability "to the division of
land into two or more parcels any one of which is less than five
acres for uses except agricultural uses."
When James E. Moore gifted Lot 19 to his three children
and their spouses on December 30, 1969, he divided his McLain
Flats Ranch into two parcels, one approximately 17.28 acres which
he conveyed (Lot 19) and the balance of some 300+ acres which he
retained. In addition, both parcels remained in agricultural
use. Such a transaction was plainly outside the ambit of the
1966 Subdivision Regulations and created a legal Lot. The Moore
children have held the Lot continuously since that date.
Finally, the foregoing analysis and conclusion has been
reviewed and approved by Frances Krizmanich, the member of the
Planning and Zoning Office most familiar with the historic
evolution of Pitkin County subdivision regulations. Cindy Houben
CALIFORNIA OFFICE - PA RKHURST BUILDING. 185 PIER AVENUE. TOWER SUITE. SANTA MONICA CA 90405 213.3999201
Thomas Fenton Smith, Esq.
Pitkin County Attorney
May 4, 1989
Page Two
referred us to Frances who is in the process of preparing a
chornological compendium of these historic changes for the
Department's use.
If you are not in agreement with the foregoing opinion,
please give me a call immediately so that the issue may be
resolved before the clients incur the further expenses of
preparation of the necessary plats. our Application for the Lot
Line Adjustment is about to be filed pursuant to Section 4-2 of
the Pitkin County Land Use Code.
Thank you for your cooperation and assistance.
Very sincerely,
Timothy McFlynn
cc: James E. Moore
Thomas A. Moore
Sally Moore Ransom
Jane Moore Geer
Jim Curtis
Frances Krizmanich
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LaLVyers' ~t~e
Insurance Crporation
NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective date: 01/03/89 AT 8:00 A.M.
2. Policy or policies to be issued:
Case No. PCT-2693 C3
(a)ALTA Owner's Policy-Form B-1970 Amount S
(Rev. 10-17-70 & 10-17-84) or 10/21/87 Premium S
PROPOSED INSURED: THOMAS A. MOORE
(b)ALTA Loan Policy. Amount S
(REV. 1C-21-87) ?remium S
PROPOSED INSURED:
(c)Alta Loan Construction Policy, 1975 Amount S
(Rev. 10-17-84) Premium S
PROPOSED INSURED:
Tax Cert. S 10.00
3. Title to the FEE SIMPLE estate or interest in the land described or
referred to in this Commitment is at the effective date hereof vested
in:
THOMAS A. MOORE, CAROLYN WHITE MOORE, KENNETH RANSOM. SALLY MOORE
RANSOM, MARSHALL LEER, III and JANE MOORE GEER, As To An Undivided
1/6th Interest Each
4. The land referred to in this Commitment is described as follows:
PLEASE REFER TO EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
Countersigned at: PITKIN COUNTY TITLE, INC. Schedule A-PG.1
601 E. HOPKINS This Commitment is invalid
\ ASPEN, CO. 81611 unless the Insuring
303-925-1766 Provisions and Schedules
A and B are attached.
A
fi~cer~gr agent
=:rn 100 Lilho in U.S.A.
C~5-0-100-0041/2
...
-., ~wyers itle
. jnsurance Crporation
NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
EXHIBIT "A"
LEGAL DESCRIPTIOY
PARCEL A:
Lot 19, in Section 22, Township 9 South, Range 85 West o~ the Sixth
Princiaal Meridian.
COUNTY OF PITKIN.
STATE OF COLORADO
Fom 100 Litho in U.S.A.
r~3°-"-100-0041/2
NATIONALHEADOUARTERS
RICHMOND, VIRGINIA
SCHEDULE B-SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors
of the full consideration for 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-wit:
1. Deed from Thomas A. Moore. Carolyn White Moore, Kenneth Ransom,
Sally Moore Ransom, Marshall Geer. III and
Jane Moore Geer, As To An Undivided 1/6th Interst Each
To Thomas A. Moore
2. Certificate of Nonforeign Status of Individual Transferor sinned
by Thomas A. Moore Carolyn White Moore, Kenneth Ransom, Sally
Moore Ransom. Marshall Geer. III and Jane Moore Geer.
This commitment is invalid unless Schedule B-Section 1 PG.1
the Insuring Provisions and Schedules Commitment No.PCT-2693
A and B are attached.
For^i 100 Litho in U.S.A.
,.
Y ~a~uyers itle
Insurance Crporahon
NATIONALHEADOUARTERS
RICHMOND, VIRGINIA
SCHEDULE B-SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the
following unless the same are disposed of to the satisfaction of the
Company:
1. Rights or claims of parties in possession not shown by the public
records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments, and any facts which a correct survey and inspection.
of the premises would disclose and which are not shown by the public
records.
4. Any lien, or right to a lien, for services, labor or ma~erial
heretofore or hereafter furnished, imposed by law and not shown by
the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if
any, created, first appearing in the public records or attaching
subsecuent to the effective date hereof but prior to the date the
proposed insured acquires of record for value the estate or interest
or mortgage thereon covered by this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or
lien imposed for water or sewer service or for any other special
taxing district.
7. Reservations and exceptions as contained in United States Patent
recorded May 12, 1899 in Book 55 at Page 492 as follows:
The right of the proprietor of a vein or lode to extract and remove
his ore therefrom, should the same be found to penetrate or
intersect the premises.
8. Grant of Easement by and between Thomas A. Moore, Carolyn White
Moore, Kenneth Ransom, Sally Moore Ransom, Marshal Geer and Jane
Moore Geer (Grantors) and the Board of County Commissioner of
Pitkin County, Colorado (Grantee) as set forth in instrument
recorded October 21, 1985 in Book 497 at Paae 605.
This commitment is invalid unless Schedule B-Section 2 PG.1
the Insuring Provisions and Schedules Commitment No.PCT-2693
A and B are attached.
Form 100 Litho in U.S.A.
Lawyers itle
• jnsurance Crporation
NATIONALHEADOUARTERS
RICHMOND, VIRGINIA
SCHEDULE B-SECTION 2
CONTINUED
Exceptions numbered NONE are hereby omitted.
The Owner's/Mortgage Policy to be issued, if any, shall contain the
following items in addition to the ones set forth above:
(1) The Deed of Trust, if any, required under Schedule B-Section 1.
(2) Unpatented mining claims; reservations or exceptions in patents
or in Acts authorizing issuance thereof: water _ights. claims or
title to water.
This commitment is invalid unless Schedule B-Section 2
the Insurina_ Provisions and Schedules Commitment No.PCT-2693
A and B are attached.
Fora 100 Litho in U.S.A.
`~ ~wy~ers itle
jnsurance o~jrporation
NATIONAL HEADQUARTERS
RICHMOND. VIRGINIA
COMMITMENT FOR TITLE INSURANCE
LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, for valuable
consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land
described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions
of Schedules A and B and to the Conditions and Stipulations hereof.
This Commitment shall be 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 the Cornpa ny, either at the time of the issuance of this
Commitment or by subsequent endorsement. -
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate six I6) months after the effective date hereof or when the policy or
policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy 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.
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when
countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws. This Commitment is
effective as of the date shown in Schedule A as "Effective Date."
CONDITIONS AND STIPULATIONS
1. 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 any defect, lien, encumbrance, adverse claim or other
matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved
from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if
the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other
matter, the Company at its option may amend Schedule 6 of this Commitment accordingly, but such amendment shall
not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and
Stipulations.
Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties
included under the definition of Insured in the form of policy or policies committed for and only for actual loss
incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate
exceptions shown in Schedule B, orlc) to acquire or create the estate or interest or mortgage thereon covered bythis
Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies
committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the
Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are
hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company
arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered bythis
Commitment must be based on and are subject to the provisions of this Commitment.
y~(yt~,yv. $ ~(Ie ~R8U~7f'''/~J~.'`~' ~1'p01'6lbR
President
- Attest: ~ ^ _
U ~t 6~
Secretary.
NATIONALHEADOUARTERS
RICHMOND, VIRGINIA
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective date: 03/17/89 AT 8:00 A.M.
2. Policy or policies to be issued:
Case No. PCT-3226
(a)ALTA Owner's Policy-Form B-1970 Amount S
(Rev. 10-17-?0 & 10-17-841 or 10/21/87 Premium S
PROPOSED I;ISURED: JAMES E. MOORS
(bjALTA Loan Policy. Amount S
(REV. 10-21-87j Premium S
PROPOSED INSURED:
(c)Alta Loan Construction Policy, 1975 Amount S
(kev. 10-17-84 Premium S
PROPOSED INSURED:
Tax Cert. S
:s. Title to the FEE SIMPLE estate or interest in the land described or
referred to in this Commitment is at the effective date hereof vested
in:
JAMES E. MOORS
~. The land referred to in this Commitment is described as follows:
PLEASE REFER TO EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
Countersigned at
PITKIN COUNTY TITLE. INC. Schedule A-PG.i
601 E. HOPKINS This Commitment is invalid
ASPEN. CO. 81611 unless the Insuring
303-925-1766 Provisions and Schedules
A and B are attached.
Form 100 Litho in U.S.A.
035-0-100-0041/2
`~ ~wyers itle
jnsurance Crporation
NATIONALHEADOUARTERS
RICHMOND, VIRGINIA
EXHIBIT "A"
LEGAL DESCRIPTION
LOTS 18 and 19 of SECTION 22. LOTS 2, 3, 6 and 7 of SECTICN 27 and LOT
5 of SECTION 26, TOWNSHIP 9 SOUTH, RANGE 85 WEST of the Sixth Principal
Meridian.
ALSC LOTS 5 and i0 of SECTICN 27, TOWNSHIP 9 SOUTH. RANGE 85 WEST of
the Sixth Principal Meridian.
ALSO LOT i4 Of SECTION 22, LOT 20 Of SECTION 23, LOT 1 Of SECTION 27
and LOT 4 of SECTION 26. TOWNSHIP 9 SOUTH. RANGE 85 WEST of the Sixth
Principal Meridian.
ALSO LOTS 11. 13, 14, 18, 20, 22, 23, 25 and 28 in SECTION 27, TOWNSHIP
9 SOUTH. RANGE 85 WEST of the Sixth Principal Mer_dian.
EXCEPTING therefrom conveyances by Deeds as follows:
Book 204 at Paae 369. Book 245 at Page 659, Book 322 at pane 188. Book
322 at Page 42Y, Book 341 at Page 126, Book 380 at Page 999, Book 381
at Page 638, Book 503 at Paae 2i3, Book 505 at Page 164. Book 553 at
Page 103: and in Book 582 at Page 183.
COUNTY OF PITKIN,
STATE CF COLORADO
Form 100 Litho in U.S.A.
oas-o-loowoavz
~~ ~wyers i#1e
Insurance Crporation
NATIONALHEADOUARTERS
RICNMOND, VIRGINIA
SCHEDULE B-SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors
of the full consideration for 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-wit:
1. Deed from James E. Moore
To James E. Moore
2. Certificate of Nonforeian Status of Individual Transferor sicned
by James E. ,Moore.
This commitment is invalid unless Schedule B-Section 1 PG.;
the Insurina_ Provisions and Schedules Commitment No.PCT-3226
A and B are attached.
Form 100 Litho in U.S.A.
035-0-100-0041/2
~awyers i#~e
jnsurance Crporation
NATIONALHEADOUARTERS
PICHMOND, VIRGINIA
SCHEDULE B-SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the
following unless the same are dis_AOSed of to the satisfaction of the
Company:
_. Rights or claims of parties in possession not shown by the public
records.
2. Easements. or claims of easements. not shown by the public records.
3. Discrepancies. conflicts in boundary lines, shortage in area.
encroachments. and any facts which a correct survey and insaection
of the premises would disclose and which are not shown by the public
records.
~i. Any lien. or right to a lien, for services. labor or materia_
heretofore or hereafter furnished, imposed by law and not shown by
the public records.
5. Defects. liens. encumbrances. adverse claims or other matters. if
any. created. first appearing in the public records or attachinc
subsequent to the effective date hereof but prior to the date the
proposed insured acquires of record for value the estate or interest
or mortgage thereon covered by this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or
lien imposed for water or sewer service or for any other special
taxing district.
7. Reservations and exceptions as contained in Onited States Patent
recorded May 12. 1899 in Book 55 at Page 492 as follows:
Right of the proprietor of a vein or lode to extract and remove
his ore therefrom, should the same be found to penetrate or
intersect the premises.
8. Reservations and exceptions as contained in United States Patent
recorded November 12. 1912 in Sook 55 at Page 492 as follows:
Right of the proprietor of a vein or lode to extract and remove
his ore therefrom, should the same be found to penetrate or
intersect the premises; and right of way for ditches or canals
constructed by the authority the United States.
9. Reservations and exce_tions as contained in United States Patent
recorded November 10. 1952 in Book 180 at Page 70 and recorded
June 27, 1951 in Book 175 at Page 518 as follows:
Right of Way for ditches or canals constructed by the authority of
the United States: and reserving to the Unites States: all
uranium. thorium or any other material which is or may be
determined to be peculiary essential to the production of
Continued
..^orm 100 Litho in U.S.A.
035-0-100-0041/2
NATIONALHEADOUARTERS
RICHMOND, VIRGINIA
fissionable materials, whether or not o° commercial value, further
with the right of the United States through its authorized agents
or representatives at any time to enter upon the land and prospect
for: mine and remove the same.
i0. Grant of Easement granted unto the Board of County Commissioners
oz Pitkin Coi:nty, Colorado. as set forth in instrument recorded
October 21, 1985 in Book 49Z at Page 605.
11. Easement granted unto Colorado-Ute Electric Association. lnc., a
Colorado Corporation as set forth in instrument recorded December
13. 1963 in Book 205 at Page 18Z.
12. Terms. conditions, obligations and provisions o: Lease by and
between James E. Moore and the United States o~ America as set
forth in instrument recorded April 11, 1925 in Book 29Z at Pace
SZ5.
13. A 60 loot road easement as shown on the Weirclas-Moore Lot Line
Adjustment Exemption Map, as referenced in Deed recorded February
10, 1986 in Book 505 at Page 164.
This commitment is invalid unless Schedule B-Section 2 PG.2
the insuring Provisions and Schedules Commitment No. PCT-3226
A and B are-attached.
Form 100 Litho in U.S.A.
035-0-100-0041/2
"~ ~awyers it~e
jnsurance Crporation
NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
SCHEDULE B-SECTION 2
CONTINUEII
Exceptions numbered NONE are hereby omitted.
The Owner's/Mortgage Policy to be issued. if any, shall contain the
ollowing items in addition to the ones set forth above:
(1) The Deed o~ Trust, if any. required under Schedule B-Section 1.
{2j Unpatented mining claims: reservations or exceptions in patents
or in Acts authorizing issuance thereof; water rights. claims or
title to water.
This commitment is invalid unless Schedule B-Section 2
the Insurina_ Provisions and Schedules Commitment No.PCT-3226
A and B are attached.
Form 100 Litho in U.S.A.
005-0-100-0041/2
~ ~diu~i"S l~e
jnsurance Crporation
NATIONAL HEADQUARTERS
flICHMONO, VIRGINIA
COMMITMENT FOR TITLE INSURANCE
LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, for valuable
consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land
described or referred to in Schedule A, upon payment of the premiums and charges therefor, all subject tc the provisions
of Schedules A and B and to the Conditions and Stlpulauons hereof.
This Commitment shall be 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 the Company, either at the time of the issuance of this
Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate six 16j months after the effective date hereof or when the policy or
policies committed for shall issue, whichever First occurs, provided that the failure to issue such policy or policies is not the
fault of the Company. This Commitment shall not bevalid or binding until countersigned by an a uthorized officer or agent.
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when
countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws. This Commitment is
effective as of the date shown in Schedule A as "Effective Date."
CONDITIONS AND STIPULATIONS
7. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other
matter affecting the estate or Interest or mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved
from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if
the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other
matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall
not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and
Stipulations.
Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties
included under the definition of Insured in the form of policy or polities committed for and only for actual loss
incwred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or(b) to eliminate
exceptions shown in Schedule B, or Ic) to acquire or create the estate or interest or mortgage thereon covered bythis
Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies
committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the
Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are
hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company
arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this
Commitment must be based on and are subject to the provisions of this Commitment.
Le~Lyers Title ~nsu a ~poretiot>I
~cl~t~ ~ ~ «,.~r'J-ate
President
":-. Attest: _ _
U ~~
•~
. _._ Secretary.
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090
July 12, 1989
Jim Curtis
117 S. Monarch
Aspen, CO 81611
RE: Moore Lot Line Adjustment
Dear Jim,
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. we have
determined that your application is complete.
we have scheduled your application for review by the Board of
County Commissioners on Tuesday, August 15, 1989 at a meeting to
begin at 5:30 p.m. The Friday before the meeting date, we will
call to inform you that a copy of the memo pertaining to your
application is available at the Planning office.
If you have any questions, please call Ellen Sassano, the planner
assigned to your case.
Sincerely,
Debbie Skehan
Administrative Assistant
..~
MEMORANDUM
T0: County Attorney
County Engineer
Environmental Health
Airport Manager
Zoning Administration
FROM: Ellen Sassano, Planning Office
RE: Moore Lot ine Adjustment
PQ,-~ei .ro ~' aty3- ~~3-00-0~~ ~ e2.~y3~~7/-oo-ao~
DATE: July 12, 1989
Attached for your review and comments is an application submitted
by Jim Curtis on behalf of his client, Thomas A. Moore,
requesting a Lot Line Adjustment.
Please review this material and return your comments no later
than August 2, 1989. Thank you.
~-
I
' ,PEN/P ITKIN PLANNING aFFICE ~~
130 South Galena Street
Aspen, Colorado 81617
(303)920-5090
~ LAND USE APPLICATION FEES
city
'~. 00113 -63250-134 GMP/CONCEPTUAL
-63270-136 GMP/FINAL
-63280-137 SUB/CONCEPTUAL
-63300-139 SUB/FINAL
~. -63310-140 ALL 2-STEP APPLICATIONS
-63320-141 ALL 1-STEP APPLICATIONS/
CONSENT AGENDA ITEMS
j REFERRAL FEES:
'~ 00125 -63340-205 ENVIRONMENTAL HEALTH
~', 00123 -63340-190 HOUSING
~~ 00115 -63340-163 ENGINEERING
SUBTOTAL
'~. County
00113 -63160-126 GMP/GENERAL
-63170-127 GMP/DETAILED
-63180-128 GMP/FINAL
-63190-129 SUB/GENERAL
I -63200-130 SUB/DETAILED
-63270-131 SUB/FINAL
' -63220-132 ALL 2-STEP APPLICATIONS
-63230-133 ALL 1-STEP APPLICATIONS/ -' 'x :-; ~~ ~~
CONSENT AGENDA ITEMS
-63450-146 BOARD OF ADJUSTMENT
REFERRAL FEES:
00125 -63340-205 ENVIRONMENTAL HEALTH
I 00123 -63340-190 HOUSING
00113 -63360-143 ENGINEERING ~~'~
II
PLANNING OFFICE SALES
i 00113 -63080-122 CITY/COUNTY CODE
-63090-123 COMP. PLAN
-63140-124 COPY FEES
'~ X9000-145 OTHER
SUBTOTAL
~'i TOTAL i i._~.G"~
it Name: 4` F f'
~! l c i~; ~! /~[ c!' <~ Phone:
Address: ~ ~ ~` i ,[~
Project: / /G.:/ ~ ~--~%=~~'~7 iii-~~-
,!! ,~~
Check # ~ - J Date: ' /'r 1
' Addtional billing: #of Hours: