HomeMy WebLinkAboutpitkin.planning.264323202002 (2)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: 2643-232-02 002/14 DATE RCVD: 9/3/1998 # COPIES: CASE NO P121-98
CASE NAME: Lindsay/Craig Lot-Line Adjustment Planners Gabe Preston
PRO! ADDR: 2500 Woody Creek Rd 3.5 miles up Woody Creek
,OWN/APP:. John & Mary Lindsay ADR 33-2 Joshua Lane C/S/Z:~Lyme, CT 06371 PHN:~-
REP: Mathew C. Ferguson c/o Gar ADR: 601 E. Hyman Ave. C/S/Z:~- PHN: (970)925-1936
Email Addr: ALLOCATED HOURS:
FEES DUE: 460 FEES RCVD;.460 ^/a OVER:
REF:-~ 6
MTG DATE REV BODY PH '- NOTIC
Admin -. No
-. ~- ! No
REMARKS 12643-232-00-002 GF
CLOSED: 10/22/1998 BY; . TKT
PLAT RECORDED 10/22/98 '. PLAT (BK,PG):r6
VR APPROVAL DATE:.~~ i VR EXI
CASE TYP:. Lot-Line Adjustment CF
CASE TYP3i
CASE TYP4:.
File Location: Boz 177
DUEi~
DATE OF FINAL ACTION: 9/24/1998
BOCC Resn:.
BOCC Ord:
PZ: ~-
HRG OFF:
HO INDEX: ~-
ADMIN: 9/24/98
' P71 # 428553 ADMIN INDEX: ~-
RES:
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r Scanned: 9/30/09 "
ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR
OF PITHIN COUNTY, COLORADO, APPROVING A SUBDIVISION EXEMPTION FOR
A LOT LINE ADJUSTMENT
RECITALS
Pursuant to Section 3-190.30., John and Mary Lindsay ,hereafter the "Applicants" have
applied to the Community Development Director of Pitkin County, Colorado, hereafter
"Director," for a lot line adjustment between their parcel as described in Exhibit A and the
Carol Craig's Pazcel as described in Exhibit B.
2. The applicants request approval for the conveyance of approximately 15 acres of land
(described in Exhibit C) to Cazol Craig.
3. The lots in question are both zoned RS20 PUD.
4. The Director finds that this request for a lot line adjustment is consistent with the
requirements of the Code Section 3-190.30.
THE DIRECTOR HEREBY APPROVES the Lindsay/Craig Lot Line adjustment subject to the
following conditions:
1) Prior to the recording of this Administrative Determination, the applicant shall submit a
subdivision exemption plat for a lot line adjustment to the Duector for approval and recording with
the Pitkin County Clerk and Recorders Office.
2) Before the plat can be signed by the Director, the applicant shall submit a disk of the plat in
digitized format to the Community Development Department.
3) The transfer of appoximately 15 acres to Carol Craig will not result in additional development
rights on her property.
APPROVED by the Director, this ~ `~ delay of ~, 1998.
~,G ~'~ ~ Qtii,LY~~ f H
Cindy Houben, Community Development Director
I IIIIII VIII IIIIII IIIIII VIII III IIIIIII III I'I'I IIII IIII
423657 10/22/1998 10:06A iiDMIN DE DAVIS SILVI
1 of S R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
EXHIBIT A
A parcel of land being part of Sections 14 and 23, Township 9 South,
Range 85 West of the 6th P.M., described as follows:
BEGINNING at a point whence the East one-quarter corner of said
Section 23 bears South 43° 33' 38" East 3,822.85 feet;
thence South 00" 43' 00" West 1964.39 feet;
thence North 89° 42' 00" west 297.04 feet;
thence North 12° 07' 55" West 143.75 feet;
thence North 24° 18' S9" west 350.59 feet;
thence North 07° 12' S8" West 95.99 feet;
thence North 19° 04' 34" West 130.65 feet;
thence North 06° 30' S8" West 535.95 feet;
thence North 04° 52' 31" West 454.76 feet;
thence North 29° 33' 41" West 248.60 feet;
thence North 24° 42' 37" West 903.22 feet;
thence South 67° 00' 00" East 1250.00 feet;
thence South 250.00 feet to the Point of Beginning.
COUN'I'X OF PITKIN, STATE OF COLORADO.
'arS<.~'~::.:
Y ;:
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423537 10/22/3998 30:088 RDMIN DE DRVIS SILVI
2 of S R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
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RECEIYINQ-PARCEL -
~.EGAL DESCR [ PT l aN ~',.
CRAIG PARCEL-
ATRACT Oi' ~ SITUATED IN SECTIONS k3` f4 AND 43 TD11gt11P 9 SOUTif RAN(R:.SS
HEST OF TH6 6tk PRINCIPAL 1ERID1lW,~ PIT~tN L~OUHTY L~W.ORADO~ BEIgN(i:~AL~ Of LOTS _
A~4~6~~N4~/1Sd TS>JCLION'f4~'ALSa IAi.t OF'LO7`4~AI~tA~ttlt~AT~~ART, YI~.o~,S23t124, 25.
AND 14 ttt 9AID SECTIpi~ 23 lYINB_ NORTHEAlTERLY E1F TIE 4ALYATtON OBFFTCN IlS F~OLtO~/S:
OP3AID..
IT. ON
tl AND IS~~IN~~AIb SECTION I5:'AL30 ALI. THAT~dART OF IOtS 3 4 '9, 12', 13, AND 20 IN
ID S~CTI ON IS LYING SouTHNESTERLY of THE FollOri NO DE8CR 18FD f'IN~_---_
FEET TO A
0. lII'iE~BEOI MIN6AAT AFP0I NT 190b FEAT S~DUrti ~ TIE NOR~THIIt0EST5 CCO~ER. NFORSTVAiEI RDLY OF
LOT 19 THENCE EASTERLY TO A -0[Ni 900'FEET SOUTH OF THE NORTHEAST CORNER. OF
SAiD LAT 21:
ALSO l0T I OFSAID SECTION~22: - -
THE ABOVE DESCRIBED TRACT CONTAiN9 324.69 ACRES.HORE OR LESS
LESS THE LIfgSAY PARCEL A3 DESCRIBED ABOVE.
I IIIIII VIII IIIIII IIIIII VIII III IIIIIII III VIII IIII IIII
423537 10/22/1998 10:068 NDMIN DE DRVIS SILVI
3 of S R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
THE A80VE-DESCRtgEp TRACT OF LAND CONTAINS 763.14 RCRES,~.MORE OR LESS.
A TRACT Of LAtla SITUATm IN SECTIONS 15 AND 22, TOR'NStt1P 9~~SOtftH, RANGE S`
TRANSFER PARCEL
LEGAL DESCRIPTION
gOUTH,~RANGEL85NEST OFPATFIE 6thSPCYI~DESCRIBED2A~ FO~SO1t3P 9
BEGINNING AT A POINT ONCE THE EAST ONE-tK1ARTER CORNER OF
.SAID.SEC7}ON 23 BEARS .SOUTH 43'33'38' EAST 3';822.85 FEET: `
THEE ?IORT~}I 90'00'00' IIIEST 649.35 FEETe -
T}~NCE NORTH 29.33'41'.,lMEST 243.29 FEET: '
THENCE NORTH 24.42'37' NEST 903.22 FEET:
THENCE SOUTH 87'00'00-' EAST J.{250.OO.FEfT:.
-TF~NCE SOUTH 00'00'00' FAST 250.00 FEET TO THE.POIHT -
OF,BEGINNfNb CONTAINING 15.12 ACRES YORE OR LESS.
PITKIN COUNTY, COL9RAD0'
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I Illlll lllll llllll IIIIII VIII III Ilillll III lllll Illl I'll
42efg8 R 0?001D 0.00~N80.00MPITKIN COUNTYICOI
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LINDSAY/CRAIG LOT LINE ADJUSTMENT PLAT
VICINITY YAP
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CERTIFICATION
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LEGAL DESCRIPTION
CRAIG PARCEL
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ASPEN SURVEY ENGINEERS. INC.
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To: Cindy Houben, Community Development Director
From: Gabe Preston, County Planning Tech.
Subject: Lindsay/Craig Lot Line Adjustment
Date: Sept. 23, 1998
Request: The applicants propose to convey approximately I S acres to Carol Craig in order to
resolve a property boundary dispute.
Applicant: John and Mary Lindsay/Cazol Craig
Representative: Matt Ferguson
Zoning: RS20 PUD
Lot Line Adjustment: The following is a summary review and analysis of the applicant's
proposal relative to the most applicable policies and standards of the Land Use Code.
A subdivision exemption for a lot line adjustment may be permitted subject to compliance with the
following relevant criteria of Section 3-190.30 of the Land Use Code.
1. Adjustment creates not more than the original number of lots or parcels.
Staff Comment: There are currently two parcels involved in this application and if this request is
approved, there will still be 2 pacels.
2. The purpose or effect of the lot line adjustment is not the creation of a new lot or parcel, nor
any increase in floor area ratio for a parcel which gains size, nor creation of a lot or parcel
substantially different in size for development or resale purposes.
Staff Comment: The purpose of the lot line adjustment is to formalize the original ownership
boundaries between the Lindsay and Craig Parcel. The effect, however, could be an additional unit
of density for Craig. The Craig property might theoretically allow for 52 single family homes if it
were ever subdivided according to zoning, and with the conveyance of the additional 15 acres, the
potential build-out for the Craig property increases would be 53 single family homes. The potential
of an additional unit could increase the value of the Craig parcel. The conditions of approval will
address this problem.
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.
Staff Comment: Both the Lindsay parcel and the Craig parcel will comply with minimum lot area
requirements in the RS20 zone.
4. The applicant shall prepare a subdivision exemption lot line adjustment map in compliance with
the standards in Land Use Code Section 5-60.
Staff Comment: The applicant intends to comply.
6. A lot line adjustment shall not be used to increase the floor area ratio for a parcel that increases
in size due to the adjustment. The floor area ratio will be reduced on a parcel that decreases in
size due to the adjustment. Applications to add floor area ratio to a lot or parcel are to be major
amendments and shall be reviewed pursuant to Section 3-190.90.
Staff Comment: While the Land Use Code limits floor area to 15000 sq. ft. without a Special
Review in all zone districts, there is not a Floor Area Ratio in the RS20 PUD zone.
RECOMMENDATION: Staff recommends that the Community Development Director approve
the proposed lot line adjustment according to the conditions in the attached determination.
JUN-15-1998 14:46 FROM A~?ENiPITKIN COM DEU TO 99253008 P.02
plTl{11V COUNTY COMMUNITY DEVELOPMENT
PRE-AppLYCATION CONFERENCE SUMMARY
PROJECT: Lindsay/CraigLot-Line Adjustment
LOCATION: 3.5 miles up Woody Creek Rd.
REPRESENTATIVE: Matthew Ferguson
PHONE/FAX: 925-1936/925-3008
OWNERS: John and Mary Lindsay; Cazol Craig.
DATE: 6/15/98
PLANNER: Gabe Preston
Type of application: Lot Line Adjustment
Description: Applicants request approval for aLot-Line adjustment to the property boundary between
theirs and Cazol Craig's property. Craig pointed out the discrepancy between the actual property
boundary and the property boundary as represented on the 1041 sae plan presented to the BOCC on
225/98. The purpose of this application is to establish the actual'propertybeundary on the site plan so
that it may be legally recorded.
Code Sections for Applicant to Address is Their Letter of Request:
Sections 3-190.30 -.Lot Line Adjustmern, 4-40 -Procedures, 5-60 • Submission requirements.
The letter should also include a table showing land area statistics for pazcels before and after adjustment.
Refer to: Attorney, Zoning.
Fees:
Planning: $460
Total: 5460
Review is before: Community Development Director (no public hearing).
To apply, submit 5 copies ofthe following (unless otherwise noted):
• Proof of ownership (both properties);
• Plat showing proposed boundary adjustment, showing old and new boundary lines (refer to
Section 5-60.40).
• Legal description of the revised Lindsay property boundaries firm a title insurance policy.
• Letter of request.
• Letter firm owners of both properties granting permission to the representative to take the
subject properties through the proposed Lot-Line Adjustment (2 copies).
• Application deposit;
• 1 Copy of Wis prc-app form;
• 2 copies of the agreement to pay fonn_
This application conference summary is advisory in nature and not binding on the County. The
information provided in this summary is based on current zoning standards and staff s interpretations
based upon representations of the applicant. Additional information may be required upon complete
review of the application.
T(1Tf11 O lf~J
Summary of Project
The Carbondale District is comprised of properties and land in three
counties: Garfield, Pitkin, and Gunnison. Many homes are located in the
urban interface zone. The focus of this proposal is education which will take
three forms: homeowner awareness, structural triage/education, and
firefighter preplan and education.
Homeowner Awareness
The first element of this proposal is to develop and present a quality
mitigation education program to home owners in the i-Zones in our district.
This educational effort would use videos and written literature to underscore
for home owners the genuine and very personal hazards associated with
building in the urban interface zone. The program would instruct them on
creating defensible spaces around their homes as well as creating stand
alone homes whenever possible. In addition, work would be done with 1-Zone
subdivision homeowners to create evacuation plans and adequate road and
home numbering and signage which would be easily visible to emergency
personnel.
Structural Triage
Structural triage rating would be conducted on fifteen (15) homes in
the district. Homeowners would then be advised as to the steps they can
take to reduce the risk of their home being lost in a wildfire or a fire initiated
on their property being the cause of a wildfire. These triage sessions could
be used as training/education opportunities for other homeowners in the
district.
Firefighter Preplan
This element of the proposal would include creating a wildfire preplan
in one of the district's 1-Zone subdivisions and conducting a mock wildfire
event to train firefighters on the strategies, techniques, and the positioning
and use of resources and mutual aid at an incident. Note:Once the education
program was developed, it could be made available and implemented in the
adjoining fire districts, Glenwood Springs and Basalt. The intent would be to
make this process an on-going effort to educate and train homeowners,
firefighters and community planners in the Roaring Fork Valley in the vital
skills of wildfire mitigation and planning techniques.
`'Homeowner Education Progr8dl
1. Welcome and Introductions
11. Video Presentations
A. Oakland Fire (15 minutes)
B. Wildfire Strikes Home (10 minutes)
C. Protecting Your Nome Against Wildfire (19 minutes)
D. Slide examples of local at risk/not at risk homes
111. Homeowner Information Packet/Protecting Your Home
A. The structure
L Existing
2. To be built
B. Defensible space
1. Existing
2. To be built
C. The sub-division
1. Existing
2. To be built
Firefighter Training
1. Preplan district I-Zone arealTriage homes
II. Firefighter Training Sessions
A. Home triage
B. Home protection
C. Incident management
D. 1-Zone scenario training/Mutual aid scenario
Planner Education
1. Homeowner education sessions
11. Urban Interface Code familiarization
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LINDSAY/CRAIG LOT-LINE ADJUSTMENT APPLICATION
Dated September 3, 1998
Representative: Matthew J. Ferguson
Gazfield & Hecht, P.C.
601 E. Hyman Avenue
Aspen, CO 81611
Phone (970) 925, 1936
Fax (970) 925-3008
LINDSAY/CRAIG LOT-LINE ADJUSTMENT APPLICATION
I. INTRODUCTION.
This application is submitted by John and Mary Lindsay, record owner of a 35.12 acre
parcel located in Pitkin County, Colorado, described as set forth on Exhibit A hereto. John
and Mary Lindsay request approval for alot-line adjustment to the property boundary between
their parcel and adjacent property described on Exhibit B hereto, owned by Ute City Ltd., a
Colorado Limited partnership of which Carol Craig is the general partner, and of which Carol
Craig and her children are the limited partners ("Craig"). The lot-line adjustment is necessary
to permit the conveyance of a 15.12 acre parcel from the Lindsays to Craig, for purposes of
settling a dispute between the Lindsays and Carol Craig regarding ownership of such parcel
and for purposes of finalizing a site plan for Lindsay's remaining 20 acre parcel approved by
the Pitkin County Board of County Commissioners in Resolution No. 98-32. The 15.12 acre
parcel is described as set forth in Exhibit C hereto.
II. APPLICANTS' BACKGROUND INFORMATION.
Attached hereto as Exhibits D and E are letters from the Lindsays and Craig,
respectively, granting permission to Matthew Ferguson as their representative, to take the
subject properties through the proposed lot line adjustment process.
III. PARCEL DESCRIPTION.
As discussed above, the Lindsay's 35 acre parcel is described in Exhibit A hereto. The
15.12 acre parcel that is proposed to be conveyed to Craig is described in Exhibit C hereto.
Exhibit F is a map of the Craig 1,053 acre parcel, as well as the Lindsay's 35 acre parcel
showing the 15.12 acre parcel to be conveyed to Craig and the 20 acre parcel to be retained by
the Lindsays and developed in accordance with the site plan approved in Resolution No. 98-32.
Exhibit F also contains a vicinity map locating the subject parcels within Pitkin County.
IV. DISCLOSURE AND PROOF OF OWNERSHIP.
See Exhibit G for proof of ownership of the Lindsay's existing 35 acre parcel and the
proposed 20 acre parcel and Exhibit H for proof of ownership of the Craig 1053 acre parcel.
V. LEGAL ACCESS.
See Exhibit F, lot line adjustment map which shows that Woody Creek Road is adjacent
to the Craig 1,053 acre parcel, as well as the Lindsay's 15.12 acre parcel and the 20 acre
parcel.
VI. STANDARDS REPORT.
The proposed lot-line adjustment is subject to the criteria described in the provisions of
Section 3-190-030. This Code provision is discussed below.
A. Section 3-190-030(A) requires that the adjustment create not more than the
original number of lots or parcels.
(1) The lot-line adjustment will reduce the Lindsays' property from a 35.12
acre parcel to a 20 acre parcel and will increase Craig's property from a
1,053 acre parcel to a 1068 acre pazcel. There will be no third parcel
created as a result of this lot line adjustment.
B. Section 3-190-030(B) requires that the purpose or effect of a lot-line adjustment
is not the creation of a new lot or parcel nor any increase in floor area ratio for
that parcel which gained size, and no creation of a lot or parcel substantially
different in size for development or resale purposes.
(1) The purpose of the lot-line adjustment is to settle a dispute between the
Lindsays and Carol Craig regarding ownership of the 15.12 acres.
Because Craig already owns 1,053 acres, the increase of this parcel by
15.12 acres will not result in any increase in the floor azea ratio for such
parcel or create a parcel substantially different in size for development or
resale purposes.
C. Section 3-190-030(C) requires that 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.
(1) The resulting 20 acre parcel to be owned by the Lindsays complies with
the requirements of the RS-20 zone district for this property, which
requires a minimum parcel size of 20 acres.
D. Section 3-190-030(D) requires that in the case of substandard lots or pazcels the
resulting lots or parcels may increase anon-conformity as to lot size so long as
the other standazds of this Code continue to be met.
{
(1) This requirement does not apply to this Application.
E. Section 3-190-030(E) requires the applicant to prepare a subdivision exemption
lot-line adjustment map in compliance with the standards of Section 5-60.
(1) The map set forth as Exhibit F provides the necessary lot line adjustment
map.
F. Section 3-190-030(F) requires that alot-line adjustment shall not be used to
increase the floor area ratio for a parcel that increases in size due to the
adjustment. The floor area ratio will be reduced on a parcel that decreases in
size due to the adjustment. Applications to add floor area ratio to a lot or a
parcel are considered to be major amendments.
(1) As discussed above, this lot-line adjustment is not used to increase the
floor area ratio for the Craig parcel. Therefore, this lot-line adjustment
is not a major amendment, subject to a higher review standard.
VII. PRE-APPLICATION CONFERENCE SUMMARY SHEET .
See Exhibit I for the Pre-Application Conference Summary Sheet.
VIII. SITE UTILIZATION MAPS.
See the Map set forth in Exhibit F for the site utilization map required by Pitkin County
Community Development Department.
IX. AGREEMENT TO PAY FORM .
See Exhibit J for the Agreement to Pay Form.
X. LIST OF EXHIBITS.
Exhibit A Legal description of the Lindsay's 35.12 acre parcel.
Exhibit B Legal description of Craig's existing 1,053 acre parcel.
Exhibit C Legal description of the 15.12 acre parcel to be conveyed from the
Lindsays to Craig
Exhibit D Letter from the Lindsays appointing representative
Exhibit E Letter from Craig appointing representative
Exhibit P Lot Line Adjustment Map
Exhibit G Proof of Ownership of Lindsay's Property existing 35 acre parcel and
the proposed 20 acre parcel that will remain after the conveyance to
Craig.
Exhibit H Proof of Ownership of Craig Property
Exhibit I Pre-Application Conference Summary Sheet
Exhibit J Agreement to Pay Form
M:\kferraro\oksflLINDSAY\DOCS\LOTLINE.AD14.wpd 4
EXHIBIT "A"
Legal Description of Lindsay's 35.12 Acre Parcel
M:\Nemrobkaf\LINDSAY\DOCS\IATLINE.AD14.wpE
EXHIBIT A
A parcel of land being part of Sections 14 and 23, Township 9 South,
Range 85 West of the 6th P.M., described as follows:
BEGINNING at a point whence
Section 23 be
thence South
thence North
thence North
thence North
thence North
thence North
thence North
thence North
thence North
thence North
thence South
thence South
COUNTX OF PI'
;ara
00"
89°
12°
24°
07°
19°
Sou
43'
42'
07'
18'
12'
04'
the East one-quarter
th 43° 33'
00" West
00" west
55" West
59" West
58" West
34" West
06° 30' S8"
04° 52' 31"
29° 33' 41"
24° 42' 37"
67° 00' 00"
250.00 feet
PKIN, STATE
38" East 3,822,85
1964.39 feet;
297.04 feet;
143.75 feet;
350.59 feet;
95.99
130.65
West 535.95
West 454.76
West 248.60
West 903.22
East 1250.0
to the Poin
JF COLORADO.
corner of said
feet;
feet;
feet;
feet;
feet;
feet;
feet;
0 feet;
t of Beginning.
RECEIVINQ PARCEL'
E.EGAL D~SCR ~ P.~ I.ON
CRAIG PARCEL-
THE ABOVE-DESCRIBED TRACT Oi LAtO CONTA{NS 763.14 /cCRE3,-MORE OR LESS.
.ACT OF LAND 8{TUATW IN SECTIONS 15 AND 22 TOSMSHI- 9~-801lTN RANGE BS
' OF THE 6th PRiNC{PAl IERIDIAN, PITKIN COIR'ITY COLORADO B£Id6 ALL OF
11, AND IS IN SAID SECi_1011_ISc_ALSO ALL_TNAT_AART OF LOfiS 3,.4y~D, 12~,
LOT i9 TNENCE EASTERLY TO A PO [Ni 900 FEET SOUTH OF THE NOR77wa
SAID LDT 2i:
ALSO LOT I OF SA10 SECTION 22:
THE ~IBOYE DESCRIBED TRACT CONTAINS 324.69 ACRES. YORE OR lES8
LESS THE LINDSAY PARCEL AS DESCRIBED ABOYE.
25.
D -.
AND 20 IN
:FEET TO A
LY OF
OF
~..:
TRANSFER PARCEL
LEGAL DESCRIPTION
SOUTH,~RAONGE~NEST OFPATHE 6thSPCMI~DESCR BED2A~ FO~SONSP' 9
BEGINNING AT A_PO1NT~~:Tiu-Ecsct~a~AHS~KEETR~ OF
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TFENCE NORTH 90'00'.00' YIEST 849.35 FEET:
TFIENCE.NORTH 29'33 41',1EST 243.29 FEET:
THENCE NORTH 24.42'37' 4~ST 963.22 FEET:
THENCE SOUTii 87.00'00'-EAST 1.;250.OO.FEET:
B 61 NNN~G ETA I NCI NCif 15; 12~ACR6ESFA ORETOR~L~ESSO I NT
PITKIN COUIRY, COL0RAD0
EXHIBIT "B"
Legal Descriprion of Craig's 1053 Acre Parcel
M: \kRrtaro\WotW N0.SAY\DOCSLLOTLINE.AD14.wptl
EXHIBIT "C"
Legal Description of 15.12 Acre Parcel
M:UCRrtaro~aloPLIN0.SAY~DOCSUATllNE.ADJO.wpd 7
EXHIBIT "D"
Re: Lindsay/Ute City Ltd. -Lot Line Adjustment Application
Matthew C. Ferguson of Garfield & Hecht, P.C.
as Representative in the above referenced matter
on behalf of John V. Lindsay and Mary H. Lindsay
M:Uttertarobl¢ALINDSAY\DOCS\IATllNE.AD14.wpd 8
JOHN V. AND MARY H. LINDSAY
215 LAST 68TH STREET
APARTMENT 16-T:
NEW YORK, NY 10021
July 2, 1998
1~2s. Cindy f~ouben
Direchor
PitlZin County Community Development
130 South Galena
Aspen, CO 81611
Rc: Lindsay/Ute City Ltd.. -Lot-Line Adjustment Application
Dear Ms. Houben:
The undersigned owners of a parcel of land located in Pitlzin County, Colorado, hereby grant
permission to Matthew C. 1~erguson of G'arlield ~ Hecht, P.C., 601 East Hyman Avenue, Aspen, CO
81611, phone (970) 925-1936, lax (970) 925-3008 to act on the undersigned's behal~ with respect to
the Lot-line Adjustment Application submitted with this letter.
Very truly yours,
`r
n V. Lindsay
~'
Mary ~I dsay
I_~~ i./wn
L''nclosure
~l:~kl~~rraro\oLs \LINDr Al'\CLRUh,d ~r-4+o~~}~-n.Ol.+wpd
EXHIBIT "E"
Re: Lindsay/Ute City Ltd. -Lot Line Adjustment Application
Matthew C. Ferguson of Garfield & Hecht, P.C.
as Representative in the above referenced matter
on behalf of Ute City Ltd.
M:\k(ertuobkS~LINDSAY\DOCSILOTI~NE.AD14.wpd 9
UTE CITY, LTD.
C/O CAROL GALLUN CRAIG, GENERAL PARTNER
P.O. BOX 18
WOODY CREEK, CO 81656
July 28, 1998
Ms. Cindy Houben
Director
Pitlxin County Community Development
130 South Galena
Aspen, CO 81611
IZe: Lindsay/Ute City Ltd. -Lot-Line Adjustment Application
Dear Ms. Houben:
The undersigned owner of a parcel o~ land located in Pitlzin County, Colorado, hexehy giants
permission to Matthew C. 1~erguson of Gar{ield fd Hecht, P.C., 601 )last Hyman Avenue, Aspen, CO
81611, phone (970) 925-1936, £ax (970) 925-3008, to act on the undersigned's behal{ with respect to
the Lot-line Adjustment Application submitted with this letter.
Very truly yours,
Ute City Ltd.
M
I
By:
Carol Gallun Craig, eneral Partner
CGC/wn
Enclosure
M~A6fer~aroAoksFlL W DSAIILTR\ga~~~o-bo~6~~.01.apd
EXHIBIT "F"
Re: Lindsay/Craig -Lot Line Adjustment Map
M:Vdemrobi¢~IINDSAY\DOCSUAiLINE.ADJ4.wpG to
EXHIBIT "J"
Aspen/Pitkin Community Development Department
Agreement for payment of Pitkin County Development Application Fees
M:UdertuololnALNDSAY\DOCS\IATLINE.AD14.wpd 14
-RUG . 6.199&-11 ~ 33RN----GRRF ~.D & HECHT-~- ~ - -- - ~ -- No. 628- --P. 11-
,... ~..
ASPEN/PITKTN
CONLN[UNTTY UEVELOpMENT DEPARTMENT
PTTKIN COUNTY (hereinafter COUNTS and John and Mary Lindsay
' (hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for
Lindsay/Craig Lot-Line Ad.iustment
(hereinafter, THE PROJECT).
2. APPLICANT understands and a~ees that Pitlcin County Resolution
No. 96-52 establishes a fee structure for Planning applications and the payment of
all processing fees is a~ condition precedent to a determination of application
completeness.
3. • APPLICANT and COUNTY agree that because of the size, nature or
scope of the proposed pmject, it is not possible at this time to ascertain the full
extent of the costs involved in processing the application. APPLICANT and
COUNTY further agree that it is is the interest of the parties to all APPLICANT to
make payment of an initial deposit and to thereaRer permit additional costs to be
billed to APPLICANT on~ a monthly basis. APPLICANT agrees he will be
benefited by retaining greater cash, liquidity and will make additional payments
upon notification by the COUNTY when they are necessary as costs are incurred.
COiJN'IY agrees it will be benefited through the grcatez certainty of recovering its
full costs to process APPLICANT'S application.
4. COUNTY atld APPLICANT' further agree that it is impracticable for
COUNTY staff to complete processing or present sufficient information to the
Planning Commission and/or Board of County Commissioners to enable the
Planning Commission and/or Board of County Commissioners to make legally
required findings for project approval, unless current billings are paid in full prior
to decision.
-RUG. 6.1998 11 ~ 34RM -GRRFT,~D & HECHT- -
... -N0.628--P. 12- - '-' '
~..~ .•
5. Therefore, APPLICANT agrees that in consideration of the
COUNTY's waiver of its right to collect full fees prior to a determination of
application completeness, APPLICANT shall pay an initial deposit is the amount
of$ a5o orxvhich is for hours of Planning sta$ time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional
monthly billings to COUNTY to reimburse the COUNTY for the processing of the
application mentioned above, including post approval review. Such periodic
Payments 'shall be mado within 30 days of the billing' data APPLICANT flirther
agrees that failure to pay such accrued costs shall• be grounds for suspension of
processing.
PITKIlY COUNTY APPLICANT
Cindy Houbea
Communiiy Development Director
John and Mary Lindsay
Print Name
Ma17i Address:
33 ~?osl`tu A Lr~~Vf
urge, sec ~cu~ p63~1
;:1anpPcet~formsla$ea7.doc
2/19/98
~.-~.
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W
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EXHIBIT "G"
Re: Lindsay/Ute City Ltd. -Lot Line Adjustment Application
Proof of Ownership of 35 Acres currently owned by the Lindsays and
the 20 Acre Parcel to be owned by Lindsays after the proposed
Lot Line Adjustment and conveyance to Craig
M:Uchrraro~aksflLINDSAY\DOCSILOTLINE.AD14.wpU 11
JUN. 26. 1998 11:SOAM PITKIN,..COUNTY T[TLE N0. 1085 P, 2
~,,, ..>
CERTIFICATE OF OWNERSHIP
Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the
State of Colorado hereby certifies that JOHN V. LINDSAY AND MARY H, LINDSAY
are the owners in fee simple of the following described property:
SEE EXHIBIT A
Subject to encumbrances, easements, restrictions and rights of way of record.
This certificate is not to be construed to be a guarantee of title and
is furnished for informational purposes only.
PITKIN CO ~TY TITLT, INC.
B ~ _
uthor' ignature
CERTIFIED TO: JUNE 2, 1998 ® 8:30 A.M.
JUN.26. 1998 11:SOAM PITKIN,000NTY TITLE
,~.,,
EXHIBIT A
N0. 1085 P. 3
A parcel of land being part of Sections 14 and 23, Township 9 South,
Range 85 West of the 6th P.M., described as follows:
BEGINNING at a point whence the East one-quarter corner of said
Section 23 bears South 43° 33' 38" East 3,822.85 feet;
thence South 00" 43' 00"
thence North 89° 42' 00"
thence North 12° 07' 55"
thence North 24° 18' S9"
thence North 07° 12' S8"
thence North 19° 04' 34"
thence North 06° 30' S8"
thence North 04° 52' 31°
thence North 29° 33' 41"
thence North 24° 42' 37"
thence South 67° 00' 00"
thence South 250.00 feet
COUN'T'Y OF PITKIN, STATE
West 1964.39 feet;
west 297.04 feet;
West 143.75 feet;
West 350.59 feet;
West 95.99 feet;
West 130.65 feet;
West 535.95 feet;
West 454.76 feet;
West 298.60 feeC;
West 903.22 feet;
East 1250.00 feet;
to the Point of Beginning.
JF COLORADO.
CERTIFICATE OF OWNERSHIP
"FOR LINDSAY 20 ACRE PARCEL"
Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the
State of Colorado hereby certifies that JOHN v. LINDSAY AND MARY H. LINDSAY
is the owner in fee simple of the following described property:
A PARCEL OF LAND BEING PART OF SECTIONS 14 AND 23, TOWNSHIP 9 SOUTH, RANGE 85
WEST OF THE 6TH P.M., DESCRIEED AS FOLLOWS:
BEGINNING AT 3
BEARS SOUTH 43~:
THENCE SOUTH 001
THENCE NORTH 89
THENCE NORTH 12
THENCE NORTH 24
THENCE NORTH 07
THENCE NORTH 19
THENCE NORTH 06
THENCE NORTH 04
THENCE NORTH 29
THENCE NORTH 24
THENCE SOUTH 90
. POINT WHENCE THE EAST ONE-QUARTER CORNER OF SAID SECTION 23
3'38" EAST 3,822.85 FEET AND NORTH 00 43'00" EAST 293.75 FEET;
43'00" WEST 1670.64 FEET;
42'00" WEST 297.04 FEET;
07'55" WEST 143.75 FEET;
18'59" WEST 350.59 FEET;
12'58" WEST 95.99 FEET;
04'34" WEST 130.65 FEET;
30'58" WEST 535.95 FEET;
52'31" WEST 454.76 FEET;
33'41" WEST 5.31 FEET;
42'37" WEST 903.22 FEET;
00'00" EAST 649.35 FEET TO THE POINT OF BEGINNING
COUNTY OF PITKIN, STATE OF COLORADO
Subject to easements, restrictions and rights of way of record.
This certificate is not to be construed to be a guarantee of title and
is furnished for informational purposes only.
PITKIN CO TY TITL , INC.
B
or' gnature
CERTIFIED T0: JULY 27, 1998 Q 8:30 A.M.
EXHIBIT "H"
Craig Ownership Certificate
M:UdemrobbPLINDSAY~DOCSILOTLINE.AD74.wpd 12
~.,.
CERTIFICATE OF OWNERSHIP
Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the
State of Colorado hereby certifies that UTE CITY CORPORATION, A COLORADO
CORPORATION is the owner in fee simple of the following described property:
ALL THAT REAL PROPERTY DESCRIBED IN DEED RECORDED SEPTEMBER 15, 1964 IN BOOK
209 AT PAGE 168 ATTACHED HERETO AND MADE A PART HEREOF.
COUNTY OF PITKIN, STATE OF COLORADO
Subject to encumbrances, easements, restrictions and rights of way of record.
This certificate is not to be construed to be a guarantee of title and
is furnished for informational purposes only.
PIT N COUN Y ITLE, INC.
BY:
autho e signature
CERTIFIED T JUNE 24, 1998 Q 8:30 A.M.
a_#
J
the
h;
h;
i
--.o..._ ~ • une or- saga ditch to
ie~pf'said-Lot 12;;5
tion 13.
•act of landcontana•763.14'acres, more
ed;.in'sections 15 and%22,~TOweahp: 9 South,
incipal~Heridian,~~,pi'Ekin County, Colorado,
15 in,eaidsec[ion 15 also'all that :part
".20 in'eaidaection -15~lying'Southwea-Cerly
,line:
theri`ce S, 47` -
S. ,24' bl' S> ~~
27" E+ 158.70 -
herly''boundary,:
~ ...
!~~~~1~~~1~1LD ~ ~[E~~[~°~ ~e~".
RONALD GARFIELD*
ANDREW V. HECHT**
MICHAEL L HERRON*"*
DAVID L. LENYO
MATTHEW C FERGUSON*
KRISTI S. FERRARO**"*
*nko aAmiuM ~o
Ncw Yurk her
'nlvo udmiued to
Dlnrim of Columble Bur
" nle~ aAmil~etl m
Florldu Bvv
... ,ei~o ~dm~~~ra ~o
r~e~.~i.eew ne.
By Hand
Mr. Gabe Preston
County Planner
130 South Galena Street
Aspen, CO 8161 1
Dear Gabe:
ATTORNEYS A"PLAN'
TELEPHONE
VICTORIAN SQUARE BUILDING (970) 925-1936
601 EAST HYMAN AVENUE TF,LF,COPIER
(970) 925-3008
ASPEN, COLORADO 81611 E-mail
garhecht~roEnet
October 20, 1998
Re: Lindsay - Craia
Attached please find the following in connection with the above-referenced matter:
1. Mylar Lindsay/Craig Lot Line Adjustment Plat.
2. GIS Disk of #1 Above.
3. 8.5" x 1 1 "copy of #1 above.
4. Two (2) checks in the amount of $1 1 each; one for recording the 1041
approval and one for recording the the lot line adjustment plat.
5. Legal description of the 20 acres being retained by the Lindsays.
Please call me at 925-1936 (Aspen) or 927-1936(Basalt) if you need anything
else or if you have any questions. Thanks.
Si~Y,
Chris LaCroix
Attachments
M:\dacrolx\Ilndsay\Itr\gpreston.wpd
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'~~~~~~~~al~ ~ ~I~'~"~~~~~ ~a'~~a
RONALD GARFIELD'
ANDREW V. HECHT**
MICHAEL ]. HERRON***
DAVID L. LENYO
MATTHEW C. FERGUSON`
KRISTI S. FERRARO****
'aLw aemiued m
Fcw Ynrk Rnr
'also admincd ~o
Disinct of Columbia Bar
* vlso edmivcd m
Florida Bnr
•• *alzo admitted ~o
Fe~nsYwov;e aa~
Mr. Gabe Preston, County Planner
130 South Galena Street
Aspen, Colorado 81611
September 2, 1998
Re: Lindsay/Craig Lot-Line Adjustment
Dear Gabe:
In accordance with the requirements established in the Pre-Application Conference
for the above referenced matter, I have enclosed five copies of the application materials as
set forth in the Pre-Application Conference Summary. I have also enclosed a check payable
to Pitkin Coun[y in the amount of $460 as required by the Agreement to Pay form.
Please call me or Kristi Ferraro of my office if you need any additional information.
Very ly yours,
Matthew C. Ferguson, Esq. `~~
KSF1kmd ~-
Enclosures
ATTORNEYS AT f.AW
TELEPHONE
VICTORIAN SQUARE BUILDING (y70) 925-1936
601 EAST HYMAN AVENUE TELECOPIER
(970) 925-3008
ASPEN, COLORADO 81611 E-mail
a[ty~garfieldhechLCOm
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