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Home My WebLink Aboutpitkin.planning.273707100012DOCUMENT 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 (11x1') Parcel ID: 2737 -07 -1 -00 -012 Application Date: 12/30/09 Case No: P132 -09 Planner: Suzanne Wolff Description: Lichtenstein Activity Envelope # Copies. 2 Withdrawn 12/27/12 Allocated Hours: 3 % Over Hours: 3.6 Project Address: 777 SPRUCE ST, ASPEN, CO 81611 Property Owner: LICHTENSTEIN Owner's REP: MITCH HAAS REP's Email: mhaas @sopris.net Referrals: ALL OTHER REFERRALS Comments Due Date: 01/22/2010 Meetings: list Meeting: Meeting Date: Review Body: admin Public Hearing? no Notice Date: Meeting Notes: Address: 1 ORCHARD RD Owner Phone: GREAT NECK, NY 11021 Address: 201 N MILL ST, SUITE 108 REP's Phone: (970) 925 -7819 ASPEN, CO 81611 Other Referrals: North Spruce St HOA 2nd Meeting: Approvals: BOCC Resolution #: P &Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: Other Information: VR Approval Date: VR Expires Date: Remarks: Application Type: Activity Envelope Plat Recorded Date: Plat (Bk, PG). 3rd Meeting: Suzanne Wolff From: Mitch Haas <mitch @hlpaspen.com> Sent: Thursday, December 27, 2012 4:08 PM To: Suzanne Wolff Subject: Re: Lichtenstein Having heard nothing about that one in a long, long time, I'm going to make the executive decision to withdraw it. At this point, should Warren want to revive this effort, I'll tell him we need to re- apply. Thanks Suzanne. - Mitch Mitch Haas Haas Land Planning, LLC 201 N. Mill Street, Suite 108 Aspen, CO 81611 Phone: (970) 925-7819 Fax: (970) 925 -7395 Email: mitch(a hlpaspen.com APlease consider the environment before printing this email GonfidentiaNy noto' The above enrsu and aoy ettachnlw;fbl rortern that rna7 re confidentioi an<vor or Mlegrd Ttn mfomtahon ;s for the use of the individual or entity ongmaily :r:tendca. If you dre trot th,- :Neticod rarirrent, any dlsClaswa. co ;tying, dhstnbu #on or usa of this mlormation s prohibited. If nus tr,"Moiseion !s receivocl in ri'mr, p!easc unmaliatmy acbfy the senrlwr me dv!eta thc• ,nocFage and its :vita: hmenis it ary. On Dec 27, 2012, at 10:39 AM, "Suzanne Wolff' <Suzanne.Wolff cr co.pitkin.co.us> wrote: Hi. Bonnie asked us to follow up on old files. I still have the driveway gate request. Let me know if they want to withdraw or plan to revive. Thx. Email secured by Check Point Suzanne Wolff From: Lance Clarke Sent: Tuesday, August 17, 2010 3:52 PM To: Suzanne Wolff Subject: FW: Lichtenstein fyi From: Michael Kraemer Sent: Tuesday, August 17, 2010 2:51 PM To: Vicki Monge; Tony Popish; Tony Fusaro Cc: Lance Clarke Subject: FW: Lichtenstein We should all talk about this. From: KP [mailto:popish @rof.net] Sent: Tuesday, August 17, 2010 2:45 PM To: Michael Kraemer Subject: Lichtenstein Mike, As per our phone conversations..... the Williams Ranch /Silverlode Master Association, owns and runs the pump station which Mr. Lichtenstein's water must past through. We have not given our permission or granted pump station usage to Mr. Lichtenstein for water for his new building. We thought our concerns were addressed when we spoke directly to Phil at the Water Department in the spring /early summer. We found out that water approvals were based on a fraudulent letter written by someone who insinuated she was able to grant pump station usage, but indeed she has no right or no information to grant such approval. Phil confirmed with the City Attorney, his need for our approval and agreed he did not have it. It has become apparent that the problem, while commucated and agreed with through Phil, never was forwarded to your department. This is obviously a problem and we request at this time any project approvals be stopped. Kim Popish Williams Ranch /Silverlode HCA Master Association Boo kkeeper /Secretary Please confirm you received this - thanks. Email secured by Check Point Page 1 of 1 Suzanne Wolff From: Georgia Gleason [Ianiche @comcast.net] Sent: Monday, January 11, 2010 12:07 PM To: Bonnie Waechtler Cc: Suzanne Wolff Subject: Warren Lichtenstein Gate Bonnie, I own the property directly down the road from Warren Lichtenstein. I am very concerned at the possibility of a gate being placed at the top of the road . It is a narrow and steep road. If a large truck and or vehicle approached a closed gate it would have no other option other than to back down into my driveway in order to turn around. I have been inconvenienced for over three years during his construction. I know full well what the trucks and cars will have to do in order to turn around My husband is a heart patient and we had to have an ambulance come to take him to the hospital. Had it happened a few hours earlier it would have been impossible to get into our driveway because of construction trucks from the Lichtenstein house. It could very well be a life threatening situation We are vehemently apposed to a gate that would allow this. Respectively, Georgie Gleason 7/21/2010 HAAS LAND PLANNING, LLD December 28, 2009 Pitkin County Community Development Department c/o Suzanne Wolff, Senior Planner 130 South Galena Street Aspen, CO 81611 RE: 777 N. Spruce Street Entry Gate Request (PID 2737 - 071 -00 -012) Dear Suzanne: The applicant, Warren G. Lichtenstein, is requesting approval to construct a gate at the entrance to his property at 777 N. Spruce Street (Lot 2, Cora Lee Subdivision), as well as to the only other properties further up the hill (Government Lot 33 and Smuggler Parcel C), both of which are also owned by the applicant. Background Lot 2, Cora Lee Subdivision, Government Lot 33, and Smuggler Parcel C are three lots located at the top of Spruce Street, and above the Silverlode /Williams Ranch Subdivision. The sites are located within Pitkin County's AR -10 zone district. Hearing Officer Determination No. 33 -2004 granted 1041 Hazard Review Approval, Conceptual Submission and Scenic Overlay Review for the reconstruction of a single - family residence on Lot 2, Cora Lee, while BOCC Resolutions 006 -2005 and 045 -2005 granted 1041 approvals for the development of single- family homes on Government Lot 33 and Smuggler Parcel C, respectively. A single - family residence that is in compliance with the previous approvals for Lot 2, Cora Lee Subdivision is nearing completion and, thus, has no issues with respect to vested rights. Additionally, the vested rights associated with the other two lots do not expire until April of 2012. There are no other developable lots on Spruce Street and above the proposed gate. Through the pre - application conference and subsequent emails, it has been determined by Senior Planner Suzanne Wolff that this request can be approved as only an Activity Envelope review; although the proposed landscaping and gate must be considered as part of the review ( "Site Plan Lite "). 201 N. MILL STREET, SUITE 108 • ASPEN, COLORADO • 8161 1 PHONE: (970) 925 -7819 • FAX: (970) 925.7395 oouool afar Lichtenstein Gate Request December 28, 2009 The Proposal The applicant would like to construct a gate at the access to his three separate lots. The location for the gate is actually situated on an adjacent parcel (PID 2737 - 071 -04 -014) which is owned by William T. and Yvonne McCallum. The McCallums previously granted an easement to the applicant in the same area of their property where the gate is now proposed, and said easement was for an electrical transformer, a fire hydrant, storm drains, outlets, utility lines and culverts, as well as landscaping and the continuation of a stone wall. That easement has now been revised to include the construction of the proposed gate (see Exhibit 4 attached to this letter). Although the portion of the adjacent parcel where the gate will be built has previously been the subject of an easement, the area has not been included in an Activity Envelope for which any prior land use approvals have been obtained. The applicant is now requesting that an Activity Envelope be designated to accommodate development of the gate. Consistency with the Pitkin County Land Use Code The applicable review standards of the Pitkin County Land Use Code are Sections 2- 30- 20(g)(3) and 7- 10 -50, Activity Envelope; 7- 20 -10, Site Preparation and Grading; and 7 -20 -130, Landscaping and Vegetation Protection. Compliance with each of these Code sections is addressed below. Under Section 2- 30- 20(g)(3) of the Code, An application for designation of an Activity Envelope shall be approved if it complies with the standards and criteria established in Sec. 7- 10 -50. If the applicant chooses to apply for definition of an Activity Envelope separately from approval of a Site Plan, the Activity Envelope shall be designed to accommodate the largest home and related septic field possible on the site pursuant to Table 5 -1 after the use of TDRs or a GMQS allocation to increase house size. In order for designation of an Activity Envelope to be approved, the standards and criteria of Code Section 7 -10 -50 must be followed. The proposed Activity Envelope assures avoidance of "Constrained Areas' which, according to Section 7 -10 -50 of the Code, include: (i) Areas of Statewide Interest listed in C.R.S. 24- 65.1 -101 et. seq.), (ii) steep and potentially unstable slopes, (iii) water courses, drainage channels, and areas subject to erosion, (iv) floodplain hazard areas, (v) (Parcel ID 2737 - 071 -00 -012) Page 2 00ijOQ2 Lichtenstein Gate Request December 28, 2009 geological hazard areas, (vi) severe or low to moderate wildfire hazard areas, (vii) wildlife habitat areas, (viii) river and stream corridors and wetlands (ix) irrigated lands for food or crop production, (x) historic preservation areas, and (xi) archeological resource areas. All "Constrained Areas' on the subject property will be avoided. This proposal minimizes impacts on surrounding properties, maximizes compliance with the requirements of the development standards in Chapter 7 of the Code, and maximizes compliance with the Comprehensive Plan goals and objectives. After the Activity Envelope is approved, all applicable local, state and federal permits will be obtained prior to any clearing, grading, grubbing, or earthmoving that exceeds fifty (50) cubic yards, or changes in the natural drainage of the site. The natural grade, topography, vegetation and drainage of areas outside the Activity Envelope will not be disturbed, except as specifically permitted by the Code. Prior to any development activity on the parcel, the boundaries of the Activity Envelope will be identified with construction fencing, and such fencing will remain in place until development has been completed. The proposed Activity Envelope ensures consistency with the requirements of Code Section 7- 20 -10. In accordance with Section 7- 20- 10(a), all grading and fill placement will take place within the defined Activity Envelope. All grading and fill placement that exceeds fifty (50) cubic yards are indicated on the proposed landscaping plan and will be further detailed in the building permit submittals. Pursuant to Code Section 7- 20- 10(b), all clearing or grubbing of land, or removal of vegetation will take place within the approved Activity Envelope, except for the removal of noxious weeds or requirements necessary for wildfire mitigation, both of which may occur outside of the Activity Envelope. Compliance with the requirements of this Section and Section 7 -20 -130 is demonstrated on the site plan provided herewith (see Exhibit 5). Section 7- 20 -10(c) of the Code governs tree removal and mitigation. The applicant understands that each tree with six (6) inches or larger diameter at breast height (D.B.H.) that is removed within the Activity Envelope shall be replaced with one or more trees with total D.B.H. at least equal to the caliper(s) of the tree(s) removed, unless the tree(s) is diseased, or required to be removed pursuant to the provisions of Section 7- 20 -60. All revegetation shall also comply with the Pitkin County Revegetation Guidelines. Any required mitigation trees that do not survive for at least one year after installation will be replaced. The proposed development complies with the Pitkin County Landscape Guidelines and will preserve existing vegetation. (Parcel ID 2737 - 071 -00 -012) Page 3 uOEU003 Lichtenstein Gate Request December 28, 2009 As the attached Site Plan demonstrates, the 18' steel gate being proposed is located on Spruce Street, just before the switchback that leads to the three properties owned by the applicant. Spruce Street is a private road. A new stone wall and column will be added to the existing stone wall on the downhill side of the gate, which is to be re- veneered with stone that matches the existing home and walls. On the other side (uphill side) of the gate, a 4' stone wall and a matching column are also proposed. Next to this wall, wooden doors, two matching columns, and a boulder wall are all proposed as a means of screening an electric transformer. All of the improvements on the far side of the proposed gate are located within the interior of the switchback leading to Government Lot 33 and Smuggler Parcel C. Also proposed within this switchback area are a significant number of trees and bushes which will help with screening and with eliminating the visual impacts of the switchback and the proposed development. In addition to the general requirements of Section 7 -20 -130 of the Code, the applicant understands that, in the Urban Area, landscaping must be installed to screen satellite dishes and other telecommunications equipment when located within two- hundred (200) feet of adjacent public roads and visible from such roads, and to screen non - residential parking areas and service areas when viewed from adjacent public roads. If you should have any questions or require additional information, please do not hesitate to contact me. You can reach me at the numbers and address provided at the bottom of this letter's first page, or by email at mhaas@sopris.net. Very truly yours, HAAS LAND PLANNING, LLC Mitch Haas Owner/ Manager Attachments: Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: Pre - Application Conference Summary Proof of Ownership Authorization for Haas Land Planning, LLC Easement Site Plan Executed Pitkin County Fee Agreement (Parcel ID 2737- 071 -00 -012) Page 4 0 "JON, PITKIN COUNTY PRE - APPLICATION CONFERENCE SUM PLANNER: Suzanne Wolff PHONE: (970) 920 -5093 LOCATION: 777 Spruce St. PID# 273707100012 OWNER/APPLICANT: Warren & Diane Lichtenstein REPRESENTATIVE: Mitch Haas Type of Application: Activity Envelope DATE: 10/23/08 E -MAIL: suzannewaco.pitkin.co.us ZONE: AR -10 EMAIL: mhaas @sopris.net Description of Project/Development: Applicant proposes to designate an activity envelope for an entry gate and landscaping. The gate would be located on the adjacent parcel (PID 273707104014); the owners are granting an easement for the gate. Land Use Code Sections to address in letter of request/application: 2- 30- 20(g)2 & 7- 10 -50: Activity Envelope 7- 20 -10: Site Preparation and Grading 7 -20 -130: Landscaping and Vegetation Protection Review by: Community Development Director Public Hearing? NO. The Applicant is not requesting a vested right, therefore, no public notice is required. Staff will refer to: North Spruce St. HOA FEES: $773 (make check payable to " Pitkin County Treasurer") $748 Planning Office flat fee (non - refundable; based on 3 hours of staff time; if staff review time exceeds 3.6 hours, the Applicant will be charged for additional time above 3 hours at a rate of $249 /hour) $25 Web Technology Fee To apply, submit 2 copies of the following information, unless noted otherwise: 1. Letter of request summarizing prior approvals and addressing (in detail) each of the provisions of the Pitkin County Land Use Code identified above and sufficient to demonstrate that all substantive review criteria have been met. 2. 24" by 36" Activity Envelope Plan as designated in Section 2.1.1 of the Pitkin County Land Use Application Manual and proposed landscape /gate plan. 3. Copy of easement on adjacent property, or consent from adjacent property owner to process the application. 4. Consent from the owner of the property for the representative to process the application and represent the owner. 5. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the property and all mortgagees, judgments, liens, easements, contracts and agreements affecting use and development of the parcel and proof of the owner's right to use the land for the purposes identified in the development application. 6. Street address (if any) and parcel description, including legal description, and 8 -1/2 "x 11" vicinity map locating the subject property within Pitkin County. 7. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees (form attached). 00U0r05 8. This Pre - Application Conference Summary Sheet. NOTES: ➢ PLEASE SUBMIT ONE UNBOUND AND ONE -SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO -SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). ➢ ALL MAPS SHALL BE FOLDED. ➢ This pre- 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 staffs interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. jju 0 0 G CERTIFICATE OF OWNERSHIP Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that WARREN G. LICHTENSTEIN and DIANE LICHTENSTEIN are the owner's in fee simple of the following described property: SEE ATTACHED EXHIBIT "A" ADDRESS ACCORDING TO THE PITKIN COUNTY ASSESSORS OFFICE: 777 SO. SPRUCE ST., ASPEN, CO. 81611 AN011Irri119M61 *3 Deed of Trust from : WARREN G. LICHTENSTEIN To the Public Trustee of the County of PITKIN For the use of : MELLON BANK Original Amount : $1,250,000.00 Dated : June 7, 1999 Recorded : July 13, 1999 Reception No. : 431655 Deed of Trust from : WARREN G. LICHTENSTEIN To the Public Trustee of the County of PITKIN For the use of : MELLON BANK Original Amount : $350,000.00 Dated : June 7, 1999 Recorded : July 13, 1999 Reception No. : 431655 Re- recorded : December 13, 1999 Reception No. :438490 Deed of Trust from : WARREN G. LICHTENSTEIN AND DIANE LICHTENSTEIN To the Public Trustee of the County of PITKIN For the use of : MELLON BANK Original Amount : $1,000,000.00 Dated March 30, 2000 Recorded : April 21, 2000 Reception No. :442546 Re- recorded : June 2, 2000 Reception No. :443845 The above Deed of Trust was assigned to Citizens Bank of Pennsylvania by instrument recorded March 19, 2003 as Reception No. 480276. This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. PITKIN COUNTY TITLE, INC. authorized signature .00JO07 EXHIBIT "A" LEGAL DESCRIPTION A tract of land situated in the Ella Sherwood Lode, Mineral Survey No. 5304AM. and in the Cora Lee Lode, Mineral Survey No. 5304AM. both in the Roaring Fork Mining District of Pitkin County, Colorado, and located in the S%2 of the NE' /4 of Section 7, Township 10 South, Range 84 West of the 6th Principal Meridian of said County described as follows: Beginning at Corner No. 1 of said Ella Sherwood and Cora Lee Lodes, said corner being common to both Lodes; thence S 46 °17'19" E 34.74 feet along the northeasterly line of said Cora Lee Lode to Corner No. 12 of U.S.M.S. No. 5304; thence S 46 °32'19" E 65.23 feet along the northeasterly line of said Cora Lee Lode; thence S 45 °47'10" 289.23; thence S 81 012'48" W 81.00 feet; thence N 44 °08'38" W 140.61 feet; thence N 63 °33'15" W 23.61 feet; thence N 4547'10" E 335.00 feet to a point on the northeasterly line of said Ella Sherwood Lode; thence S 46 °17'19" E 110.03 feet along the northeasterly line of said Ella Sherwood Lode to the point of beginning. j€;tu008 EXHIBIT Pitkin County Community Development Dept. 130 S. Galena Street Aspen, CO 81611 -1975 RE: 777 N. Spruce Street, Aspen (PID# 2737 - 071-00 -012) Application for Activity Envelope Approval for Gate To whom it may concern: As owner of the above referenced property, I hereby authorize Haas Land Planning, LLC (HLP) and Greg Mozian and Associates Inc. (Mozian) to act as my designated and authorized representatives for the preparation, submittal and processing of an application for the approvals listed above, as well as, any incidental approvals associated therewith. HLP and Mozian are also authorized to represent me in meetings with Pitkin County staff, the Hearing Officer, the Planning and Zoning Commission, and the Board of County Commissioners. Should you have any need to contact me during the course of your review, please do so through Haas Land Planning, LLC, whose address and telephone number are included in the application. Yours truly, Warren G. Lichtenstein 1 Orchard Road Great Neck, NY 11021 Ju6j09 EXHIBIT RECEPTION #: 554724,12103/2008 at 04:30:39 PM, 1 OF 14. R $71.00 Doc Code EASEMENT Janice K. Vas Caudill, Pitkin County, CO AMENDED AND RESTATED EASEMENT AGREEMENT THIS AGREEMENT made as of the 1st day of December, 2008 -(this °Agreement") and between GREAT-WEST LIFE & ANNUITY INSURANCE COMPANY, a Colorado insurance company corporation ( "Grantor") having an address at 8515 Fast Orchard Road, Greenwood Village, Colorado 80111; and WARREN G. LICHTENSTEIN and DIANE LICHTENSTEIN, as joint tenants (collectively, "Grantee"), 777 North Spruce Street, Aspen, Colorado 81611 ( "Grantee "), W- 1- T- N- E- S- S- E -T -H: WHEREAS, Grantor owns real property located at 737 North Spruce Street, Aspen, Pitkin County, Colorado which is legally described on Exhibit "A" annexed hereto and made a part hereof ( "Grantor's Property"); and WHEREAS, Grantee owns real property located at 777 North Spruce Street, Aspen, Pitkin County, Colorado which is legally described on Exhibit "B" annexed hereto and made a part hereof ( "Grantee's Property"); and WHEREAS, pursuant to that certain Easement Agreement, dated November 29, 2007 and recorded in the real estate records of Pitkin County, Colorado on December 19, 2007 as Reception #545033 (the "Original Easement"), between Grantor, as grantor, and Grantee, as grantee, Grantor granted to Grantee an easement for the purposes set forth therein, and Grantor and Grantee wish to amend and restate the Original Easement, all as provided herein; and WHEREAS, Grantor's Property and Grantee's Property abut on a portion of the north line of Grantor's Property and on a portion of the south line of Grantee's Property; and WHEREAS, Grantor's Property and Grantee's Property are encumbered by and benefit from several common access and utility easements (the "Existing Easements "); and WHEREAS, in connection with Grantee's construction, on Grantee's Property, of a new home, Grantee wishes to relocate onto a portion of Grantor's Property, which is already encumbered by certain of the Existing Easements, the continuation of a stone wall, landscaping, certain utility lines, culverts, drains and a fire hydrant, and Grantee also wishes to locate onto a portion of Grantor's Uchtensle&VnwaBum 10.28.08 ��11010 Amended and Restated Easement Agreement Page 2 Property a gate, gate piers and walls and call box and associated electric apparatus and transformer screening, and Grantor is willing to accommodate such locations and relocations and to confirm that such use is permissive and not adverse, all pursuant to the easement granted herein. NOW, THEREFORE, for Ten ($10.00) Dollars and other valuable consideration paid by Grantee to Grantor, the receipt and sufficiency of which is hereby acknowledged, Grantor and Grantee hereby agree as follows: 1. Amendment and Restatement of Oriainal Easement The Original Easement is hereby amended and restated as provided herein and the Original Easement is hereby superseded by this Agreement. 2. Grant of Easement. Grantor hereby grants to Grantee an easement (the "Easement") over, across and throughout the area shown on the drawing attached hereto as Exhibit "C" and made a part hereof (the "Easement Area "), TO HAVE AND TO HOLD, subject, however, to the terms and conditions set forth herein. 3. Use of the Easement Area by Grantee. During the term hereof, Grantee shall have the non - exclusive use and enjoyment of the Easement Area for the location of a gate, gate piers and walls and call box and associated electric apparatus as well as an electrical transformer, transformer screening, a fire hydrant, storm drains and outlets and utility lines and culverts, as well as landscaping and the continuation of a stone wall extending from Grantee's Property into the Easement Area, generally as shown on the four (4) pages of Exhibit "C" attached hereto and made a part hereof. 4. Term. The Easement granted herein is perpetual. S. Indemnification. Grantee shall indemnify, defend and hold Grantor harmless from and against any and all claims, costs, damages and expenses (including without limitation reasonable attorneys' fees and expenses) arising from or in connection with the use or maintenance of the Easement Area by Grantee or Grantee's agents or invitees. 6. Covenant to Run with Land. This Easement, including all of the terms and conditions contained herein, shall be deemed a covenant running with Grantor's Property and Grantee's Property and shall bind Grantor and Grantee and their respective heirs, successors and assigns. iju6Jll Amended and Restated Easement Agreement Page 3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and acknowledged as of the day and year first above written. GREAT -WEST LIFE & ANNUITY INSURANCE COMPANY as Grantor ---, 1- A _ M Arod1ft W r WARREN G. LICHTENSTEIN NICAM"wNh I to as Grantee DIANE LICHTENSTEIN as Grantee GOU012 Amended and Restated Easement Agreement Page 3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and acknowledged as of the day and year first above written. GREAT -WEST LIFE & ANNUITY INSURANCE COMPANY as Grantor By: a WARREN G. LICHTENSTEIN as Grantee DIANE LICHTENSTEIN as Grantee 3 6A, 13 Amended and Restated Easement Agreement Page 3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and acknowledged as of the day and year first above written. GREAT -WEST LIFE & ANNUITY INSURANCE COMPANY as Grantor By:, WARREN G. LICHTENSTEIN as Grantee DIANE LICHTENSTEIN as Grantee It i uGjo1it Amended and Restated Easement Agreement Page 4 STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) .v- On this Z day of November, 2008, before me a Notary Public, appeared Warren G. Lichtenstein, who being by me duly sworn, executed the foregoing instrument as his own act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and the day and year aforesaid. N ry Public My commission expires: �� — Z V, STATE OF NEW YORK ) ) ss. COUNTY OF NEW YORK ) seal On this _ day of November, 2008, before me a Notary Public, appeared Diane Lichtenstein, who being by me duly sworn, executed the foregoing instrument as her own act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year aforesaid. Notary Public My commission expires: jbij515 Amended and Restated Easement Agreement Page 4 STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) On this _ day of November, 2008, before me a Notary Public, appeared Warren G. Lichtenstein, who being by me duly swom, executed the foregoing instrument as his own act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year aforesaid. Notary Public My commission expires: ..111111 #111#1. «.1 „1.111. ». STATE OF NEW YORK ss. COUNTY OF NEW YORK ) On this day of November, ' 2008, before me a Notary Public, appeared Diane Lichtenstein, who being by me duly swom, executed the foregoing instrument as her own act and deed. IN TESTIMO�i#o, OF, I have hereunto set my hand and affixed my official seal the day and / ee�aid. My commission expires: f #Nf 11f1f##HHfl1111!!##1f#f STEPNrN S. SIMIMou Notary Pu*iic. Si ate of New York No. 02SI5038586 Qualified in Now York County Commission Expires January 30, :L97' 2'Of/ U6U916 Amended and Restated Easement Agreement Page 5 STATE OF COLORADO ss. COUNTY OF r On this _� d y of December, 2008, before the undersigned, a Notary Public in and for said County an State rggsidin therein duly comm"�sioned and sworn, personally appeared /I�S�c�1i�n and eat" I, and a♦c}�nowledged to me that h� exe uted the same in his capacity as I l�� and ,�4 s & , respectively, of Great -West Life & Annuity Insurance Company, a Colorado insurance company corporation, as the act and deed of such corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day an ear in this cerfificale first above written. Notary Public within and for aid ounty and State My commission expir ,[ _ice :�0 u10 17 Exhibit "A" "Grantor's Property" Lot 3, Auger Minor Plat Amendment and Subdivision Exemption Plat of Lot 3, Cora Lee Subdivision according to the Plat recorded February 3, 2003 in Plat Book 64 at Page 27 under Reception No. 478271. COUNTY OF PITKIN, STATE OF COLORADO a0,018 EXHIBIT "B" "Grantee's Property" A tract of land situated in the NE1 /4 of Section 7, Township 10 South, Range 84 West of the 81h P.M., being part of the Ella Sherwood and Cora Lee Lodes, U.S.M.S. No. 5304 Amended, being bounded on the Northeastedyside bythe Northeastedy line of said Ella Sherwood and Cora Lee Lodes and described as follows: Beginning at Comer No. of said Ella Sherwood and Cora Lee Lades, said comer being common to both lodes, a stone Comer in place; thence S 46.13' E 34.73 feet along the Northeasterly line of said Core Lee Lode to Comer 1 -12 of said United States Mineral Survey No. 5304; thence S 46'18' E 6527 feet along the Northeasterly line of said Cora Lee Lode; thence S 45 "51' W 289.00 feet; thence N 83'28'45" W 222.36 feet; thence N 45 051' E to a point on the Northeasterly line of said Ella Sherwood Lode: thence S 46 006'20" E 110.00 feet along the Northeasterly line of said Ella Sherwood Lode to the point of beginning. TOGETHER WITH an easement for Ingress, egress and utilities as set forth in Road and Utility Easement and Right of Way Agreement recorded February 9, 1990 In Book 613 at Page 845 and Nbdillcatton of Easement Agreement recorded July 13, 1998 as Reception No. 419341. NOTE: *Access Easement W as set forth in Road and Utility Easement and Right of Way Agreement was released by General Release and Bargain and Sale Deed recorded July 2,1996 as Reception No. 394361. TOGETHER WITH all rights and benefits of that Certain Easement Agreement (Recreation Area) recorded December 30, 1997 as Reception No. 412016 and Easement Agreement (Driveway) recorded December 30,1997 as Reception No. 412017. A PARCEL OF LAND SITUATED IN LOT 3, CORA LEE SUBDIVISION AS SAID LOT 31S SHOWN ON THE AUGER LOT LINE ADJUSTMENT PLAT RECORDED AS RECEPTION NO. 431494 ON MAY 25.1999 IN THE OFFICE OF THE CLERK AND RECORDER OF PITION COUNTY, COLORADO DESCRIBED AS FOLLOWS: BEGINNING AT AN ANGLE POINT ON THE NORTHERLY LINE OF SAID LOT 3 WHENCE THE CEI /16 CORNER OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH PRINCIPAL MERIDIAN OF SAID COUNTY BEARS S 18 DEGREES 33'33" B. 356.69 FEET: 1. THENCE N 63 DEGREES 33'15'W, 198.79 FEET ALONG SAID NORTHERLY LINE; 2. THENCE S "DEGREES 08'38" E, 140.61 FEET; 3. THENCE N 81 DEGREES 12'48" 1, 81.00 FEET TO THE POINT OF BEGINNING COUNTY OF PITKN STATE OF COLORADO AL-50 DESCRIBED ON AUGERILICHTENSTEIN LOT LINE ADJUSTMENT PLAT RECORDED FEBRUARY 15, 2002 IN BOOK 59 AT PAGE 86. N O � •t tlm MA& %,- �kl . NEW HOLY CROSS 1 UNDERGROUND POWER LATE 1 Y CROSS D to om air 'c" 1 o � 4 P ` 11 N •�i; E ^. paadv•.'pb s VO 444• N HOLY CROSS MOUNTED Ef. $UPOtj L AWa� fm Nau Q�10 aiM �' IY. �r li '0j; ,r,}} ." u jJL z4*%tRslt c _ 3 Residence —j PwMng F. Yea as io70R°ai�iOOa wiaw � emim esuw°°�N�a� 0 N� too so* �e�j aomm= m mom �.• ue m1 oi"srJm's� e !X a r n oN Nli dla/ Nom{•" woum N0 trY�g01 MV lf' / i'��pP" -1 �M�I II�aA rINN.11'INN♦ PLAN VIEW amass aM A � we wadi eam' WWI am !ate_ asm r o-o Pn'N vaol wMalmN UMLWAobt/w=sawsawa am SAWN STORM DRAIN MMMLE DRAINAGE CONNECTION EXH1131T "" DRAINAGE CONNECTION 777 Spruce Lane MOUNTAM CROSS ENGMERINGa MC. MA and Em konwonul corMdit and 0lWqn aia tlt owns AvaaW OMn�eed aPaOh COMM nsow�uNaa,NaroaNe� 4e44 .Sigy N o S n S 6 n 7i o b o � o n � GUtA23 I tiiR .ewwsoo ml� �•. Co Carousel I Residence LF:o-rv!apcmu!aw --� I.1os�. I I 3'FWptae Ww�knq (6 "ILa2.lNexq) OCI�JL(! m x Garage ` a W.W os: saes �� NdgWreVW.e Proa�quro Eda:!rp SMS Ge[e R[ [®rtrg W W 30Frorrt'�- e[Ceck GJNp ErvWPe I Wv ExkG'g5M4Gete Wdl EgeGrg WdITO Be RalanA Fmm2.5'To 4.5'HgA Steel Entry Gate Elevation BwNCreAe tbeded soap: vz ° =r -a. JLI yea E�Vw Roan Proposed New Easement /Envelope sT.oa. J 1 ,'I r �FFI ' �� ErL -pn9 Read �I Pcp�x. GEe P:no,.FaF.,.g Transformer Door Elevation •9 Lichtenstein Residence Off Slte Plan ■ .........,. ❑ e.Y•....no..m poly smu Onwn By:� —91— sB«c L -1.2 PITKIN COUNTY COMMUNITY DEVELOPMENT AGREEMENT FOR PAYMENT OF DEVELOPMENT APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and Warren G. Lichtenstein (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for Activity Envelope Approval for building of a gate, (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 058 -2001 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 project, 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 in the interest of the parties for APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT. 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. COUNTY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT's application. 4. COUNTY and 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. 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 in the amount of LL73 which is for 3 hours of staff 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 made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITK.IN COUNTY Cindy Houben Community Development Director APPLICANT: Warren G. Lichtenstein kN-t Signature Date: 11 17`i loq Mailing Address: RUARO ZD _A-f 06C 414N/ 11021 *: $748 = Planning Flat Fee; and $25 = Web Technology Fee PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 January 6, 2010 Mitch Haas 201 North Mill Street, Suite 4108 Aspen, CO 81611 mhaas @sopris.net Re: Lichtenstein Activity Envelope (CASE P132 -09; PID 2737 - 071 -00 -012) Dear Mr. Haas: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. If you have any questions, please call Suzanne Wolff, the planner assigned to your case, at 920 -5093. Sincerely, Bonnie Waechtler Administrative Assistant PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX4 (970) 920 -5439 MEMORANDUM To: North Spruce Street Homeowners Association FROM: Suzanne Wolff, Community Development Department S uzanne.wolffnco.pitkin. co. us Re: Lichtenstein Activity Envelope (PID 2737 - 071 -00 -012; Case P132 -09) DATE: January 6, 2010 Attached for your review and comments are materials for an application submitted by Warren and Diane Lichtenstein. The Pitkin County Community Development Director will review the application. Please return your comments to me by Friday, January 22, 2010. http: / /www.aspenpitkin.com/ Portals /0 /docs /countv /Com %20Dev /Plannin /� Use AP plications /P132 09 app.pdf If you require a paper copy of this application contact Bonnie Waechtler at bonnie .waechtler(d),co.nitkin.co.us or 920 -5109. Thank you PITKIN (AUNTY COMMUNITY DEVEL(,,.,+MENT Permit Receipt RECEIPT NUMBER 00028694 Name: WARREN LICHTENSTEIN Date:12/30/2009 Project Address: 777 SPRUCE ST Type: check # 1518 Permit Number Fee Description 0132.2009. P LAN 0132.2009. P LAN PP- Flat Fee PP- Clerk Tech Fee Total: Amount 748.00 25.00 773.00