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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(s)
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COUNTY r~,TTNRNEY
PITKIN COUNTY
P a o~. <xm 3707
a~NE~ C~~o ~,~~~
August 15, 1973
ME,140 T0: J. S. Baxter, M.D.
FROM: Leonard M. Oates
Re: Letter of Dr. H. C. Whitcomb to J. S. Baxter
Dated August 2, 1973, Regarding Brush Creek
Filing ~1
I have reviewed Dr. Whitcomb's letter of August 2
above referred to, together with the plat which he sent
to you and have concluded that the road right-of-way, as
described on the Whitcomb plat submitted and also on the
recorded plat for Brush Creek. Village Filing #1, is indeed
dedicated to the County. This dedication was effective
regardless of whether or not the road was, in fact, built
and exists in place on this date.'
This dedication provides a road access which is
the only access for Lots 4, 5, 6, 7 and 8 of the Whitcomb
property. I would agree with Dr. Whitcomb that for his
present purposes it would be far better for the road not
to be dedicated and for him to have ownership in and to
the property. However, I believe he should consider the
long-range effects which might be caused by virtue of a
vacation of this dedicated right-of-way by the County.
This would leave the said Lots 4, 5, 6, 7 and 8 without
any legal access whatsoever and, in effect, make these
lots unsalable.
Of course, it is possible that in the future
Dr. Whitcomb could create private easements to service
these lots; but I believe that the thrust of recent
major land use legislation, both on a local level and a
state level, is aimed at requiring adequate access in
'Rrr
4a/
J. S. $axter, ;~1.D.
Page Two
August 15, 1973
order that a lot be developable. Of course, the County
would accept a petition for vacation and consider the
same; and it is clear from the plat of the subdivision
that if the County were to vacate the right-of-way and
cul-de-sac, the property would go to respective lots
lying on either side of the center line of the roadway.
I note from Dr. {Yhitcomb's letter that he intends
to convey some two-acre parcels to his children and would
caution that at a minimum Dr. Whitcomb could, under Senate
Bill 35 and the Pitkin County Subdivision Regulations,
convey only full platted and subdivided lots, i.e., he
could convey any one of Lots 1, and 3 through 8 to his
children, but could not resubdivide or divide the lots
for purposes of any conveyance without processing the
entire transaction through the Subdivision Regulations
or, in the alternative, endeavoring to get an exemption
therefrom.
It would be my opinion that in order to maintain
the salability of the lots, it would not be wise for
Dr. Whitcomb to have the right-of-way and cul-de-sac
vacated. As a practical matter, inasmuch as the road
would be to service only the property owned by him, it
would seem to me unlikely that anyone would want to come
in and force the road through the Whitcomb properties to
the cul-de-sac. There is simply no advantage to be
obtained by anyone with the exception of perhaps obtain-
ing a turn-around at the cul-de-sac. It would seem to
me that Lots 2, 9 and 10 would-have access off the
primary road and that perhaps Lot 9 would need to have
the extension of the road into Dr. Whitcomb's property
constructed to its lower boundary, but not beyond. With
this in mind, the existence of the dedicated right-of-way
would not interfere with Dr. Whitcomb's peaceful enjoy-
ment and use of all of the property which he has outlined
in red on the map forwarded to you.
If you like, I can contact Dr. Whitcomb directly
and convey my thoughts on tl"iis matter to him, or you may
wish to give him a copy of this memorandum. If you do
oC
' {wJ °wI
J. S. Baxter, M,D.
Page Three
August 15, 1973
wish to give him a copy, Z would have no objection and
I would be'more than happy to talk to him about the
situation at any time.
COPY R616NERL LEONARD M. OATES
Leonard M. Oates
Pitkin County Attorney
LNIO : d 1 w
Enclosures
cc: Dwight :s. S::ellman, Jr. , Esq.
Joseph E. Edwards, Jr., Esq.
Hr. Hal Clark ./
3
H. C. Whitcomb,
Box 660
Aspen, Coloradc
August 7, 1973
Dear Sir:
,` Of-FILE OF
BUILDING INSPECTOR
COUN fY OF PIT KIN
P.O. nOX 694
ASPEN, COLORAD081611
Jr. M.D.
~~~
Pursuant to our conversations this past week, the Brush Creek
road extension into your property (Lots 1,3,4,5,6,7,8, Filing #1) is
described o^ a plat on file in the Pitkin County Clerk and Recorder's
Office. The plat states that this road is part of the road system which
has been dedicated to public use. As of this time Pitkin County has
not accepted these Brush Creek Roads onto the County road system nor
does Pitkin County undertake maintenance of these roads
I understand that Elay Corporation conveyed title to you for
the road as it extends into the lots around by you. It is unclear
to me how the roads can be dedicated to public use, recorded as same,
and then sold to you. I would suggest discussing the matter with
the County Commissioners and/or the Pitkin County Attorney, Mr. Leonard
Oates.
Please contact us if we may be of further assistance in this
matter.
Sincerely
lial Clark
Building Inspector
;y
cc: J. S. Baxter
Joe Edwards
Dwight Shellman
Planning • Design • Surveying • Engineering • Construction
and Management of Land
August 6, 1973
Dr. x.C. Whitcomb
Box 660
Aspen, Colorado 81611
Re: Brush Creek Village Property
Dear Dr. Whitcomb:
We have recently computed the acreage
of your property in Block 3 of Brush
Creek Village. The total acreage of
your lots less the road is 18.597 acres,
more or less. The acreage with the road
included is 19.905 acres, more or less.
Sincerely yours,
Jam e
Colo. Reg. L.S. 9184
dob
LD VA IrVc
Aspen
Colorado 81611
303.925.2688
A Subsidiary of Trico Corporation Offices throughout the West
II ''^^I } I-' 1~J I~ ,fin I' III, I II
U uu LS W lJ ll ~i ~~ V L4 ~ J~ it V/ uJO U o ~ll U a BOX 660~iA5PEN, COLORADO 81611
AREA CODE 303
PHONE: 925-4400
V. A. GOULD, M.D.
PN TSIC IAN•SURGEON
R, R. ODE N, M.D,
R,E, KIR K, M.D.
ORTHOPAEDIC SURGERY
H. C. WHIT COM B, JR., M.D.
D. L. MCMILLA N, M.D.
INTERNAL MEDICINE
C. D. WILLIAM S, M.D.
FAMILY pR AC TICE AND
ANESTHESIOLOGY
~~~~
Gt/ N! /z'd~ ~
~ e7; e~ S
August 2, 1873
02 jjiwv„/~GLe.~-~
J.S. Baxter, M.D.
County Commissioner
Pitkin County Court House
Aspen, Colorado 81611
Re: Whitcomb properties in
Brush Creek Filing #1,
Dear Doctor Baxter: (Jay) Pitkin County
4s you know, or at least I am sure you were aware of, there have
been a lot of significant problems with the Elay Corporation deve-
lopment of Brush Creek.
Currently, I am involved in a suit to do with what I consider are
G'oeSTE TR ICS AND GYDNECDLOGY irregularities in this development. Part of those irregularities
have to do with the roads.
B. B.GRDETER,M.D.
PEDIATRICS Currently, I own lots 1, 3, 4, 5, 6 and 7, supposedly comprising
twenty (20) acres which 1 paid for in my contract with Elay. How-
ever, when I applied for release of some of the land to build a
S. E. CRIS TANELLI house, I was told I had purchased 18.3 acres. I, of course, was
OLIN IL MANAGER very upset and so informed the owners of Elay Corporation, namely,
Mr. Al Rose and Mr. Leonard Millman. In response, I got a letter
from Mr. Millman stating that since I owned all the land shown on
the plat, surrounding a tributary road off the main road going into
the center of my property that, indeed, I would have the twenty (20)
acres since, now, I theoretically owned the road.
At this point, I did nothing except try to get things straightened
out in the developemnt. This is a long, tedious process.
However, recently, I decided to give my children each two acres of
land. Lot 8, by including the road area, now comprises four acres
or slightly better. Without the road area, it is a little less than
four acres. I have a survey to prove this.
One of my dilemmas is what is the status of this road into my pro-
perty in the Brush Creek development? It has not been built but is
shown coming off the main channel which is deteriorating. It was
dedicated to the county.
On talking with Hal Clark, County Building Inspector, I was told that
the Brush Creek development roads had been dedicated to the County
and the County has done nothing about accepting this dedication.
Therefore, nothing has been done about the care of the roads in the
development where I live. They are literally going to hell.
(~
.,,
z
It has been suggested by Mr. Clark that possibly the County may
have to 'release dedicated roads they have not accepted.
First of all, let me say that I would be delighted if the County
would take care of the roads, but secondly, I would like to Know
who owns the unbuilt road in the middle of my property. Supp-
osedly, such a road has to have a sixty foot (60 ft.) easement
for the County to accept it in the first place. This road does
have a sixty foot easement. For various legal reasons, I would
like to know in black and white that this cul de sac road in the
middle of my property does, indeed, belong to me. Without twenty
years of messing around, could you please help me in the solution
of this problem?
If indeed the County refuses me i[his cul de sac road-to-be then 1
have less than the twenty acres I bought and there is one more
illegal act from Elay Corporation.
Sincerely,
Harold C. Whitcomb, Jr., M.D.
C~C
HCW:cb
Enclosures: (1) Contract from Elay Corporation
(2) Survey letter from Tri-Co Management, Inc.
~~QPR-i ~EWFZt~~1~ ~c~~
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~G~i~ ~ ~~~~~~ ~~~~;~~ °o
AREA CO9E 303
PHON [: 925-4400
~, ~I .r
L~~~o
BOX 660 ASPcN, COLORA00 81611
August 2, 1973
v. A. COULD, M.D.
PXYSIC IAA-SCRLE ON
R. R. ODE N, M.0,
R.E. K IR K, M.D.
ORTpO PAEOIC SURGERY
M. C..W HIT COM B, JR„ M.D.
O. L. MCMILLAN, M.D.
INTERNAL MEDICINE
C. D. WILLIAMS, M.D.
EA MILY PRACTICE ANO
ANESTRE 6IOL OLY
J.S. Baxter, M.D.
County Commissioner
Pitkin County Court House
Aspen, Colorado 81'011
Dear Doctor Baxter: (Jay)
4s you know, or at least
been a lot of,significant
lopment at Brush Creek.
Re: blhitcomb properties in
Brush Cree!< Filing ~1,
Pitkin County
am sure you were avaare of, there have
problems with the Elay Corporation deve-
I~Currently, I am involved in a suit to do with what I consider are
G. R. rHURNAU. m.D. Irre ula rities in this development. Part of those irregularities
O6 GTE iRIC6 AND GYNECOLOGY g
(have to do with the roads.
a. e.cRUerER,M.D. Currently, I own lots 1, 3, 'f, 5, 6 and 7, supposedly comprising
vE OIArRICs
zo-aenty (20) acres which I paid for in my contract with Elay. How-
ever, when I applied for release of some of the land to build a
S. E. CRIS TANELLI house, I was told 1 had purchased 18.3 acres. I, of course, was
aINICMANAGER very upset and so informed the owners of Elay Corporation, namely,
Mr. Al Rose and Mr. Leonard Millman. In response, 1 got a letter
,from Mr. Millman stating that since I owned all the land shown on
the plat, surrounding a tributary road off the main road going into
the center of my property that, indeed, I would have the twenty (20)
lacres since, now, I theoretically owned the road.
At this point, I did nothing except try to get things straightened
out in the developemnt. This is a long, tedious process.
However, recently, I decided to give my children each two acres of
land. Lot 8, by including the road area, now comprises four acres
or slightly better. Without the road area, it is a little less than
four acres. I have a survey to prove this.
One of my dilemmas is what is the status of this road into my pro-
pert~ in the Brush Creek development? It has not been built but is
shown coming off the main channel which is deteriorating. It was
dedicated to the county.
On talking with Hal Clark, County Building Inspector, I was told that
the Brush Creek development roads had been dedicated to the County
and the County has done nothing about accepting this dedication.
Therefore, nothing has been done about the care of the roads in the
development where I live. They are literally going to hell.
d
f
..,
z
it has been suggested by Mr. Clark ti~at possibly the County may
have to release dedicated roads they have not accepted.
First of all, let me say, that I a+ouid be delighted if the County
would take care of the roads, but secondly, I would like to know
who o•+ms the unbuilt road in the middle of my .property. Supp-
osedly, such a road has to have a sixty foot (50 ft.) easement
for the County to accept it in the first place. This road does
have a sixty foot easement. For various legal reasons, I would
like to know in black and white that this cul de sac road in the
middle of my property does, indeed, belong to me. Without twenty
years of messing around, could you please help me in the solution
of this problem?
If indeed the County refuses me this cul de sac road-to-be then I
have less than the twenty acres i bought and there is one more
illegal ,act from Etay Corporation. -
Sincerely,
Haro12~ C. Whitcomb, Jr., M.D.
HC'+J : c b
Enclosures: (11 Contract from Elay Corporation
(2) .Survey letter from Tri-Co Management, Inc.
c' c : ~~. ~~2~-ram-, ~~~~--~,~,..~-~~-
.~
i
b~.l
Real Eetata Contract, '92 Edition
Approved by The Denver IIoard of Realtoro November 13 I9~1_
RECEIVED FROa` HAROLD C. V,'HITCC'P%tB~~ JR. ,PURCHASER
~it?t~b3h~2cifaittfi), the sum of ~ 3TL. J0 00 ;n the form of OheOk
as part payment for the following described real estate situate in the County of
PiL-k' n ,Colorado, to-wit:
A tract of land consisting of 20 acres as shown outlined in red
on the map, marked Exhibit A attached hereto. The property will be
conveyed subject to reservations including mineral reservations of
record and subject to oil and gas leases of record, if any.
with ell improvements thereon, if any, in their present condition, ordinary wear and tear excepted, ]mown as
~„ _ -- ,which property purchaser agrees
to buy upon the following terms and conditions for the purchase price of $ ~3 . V V V . UU
payable as follows: $~~ 450 •0~ hereby receipted for, 3 ~_,_.~ ?(1 • ~~ On OIi
before December 24, 1955, and ~ 16,q.30.C0 in the fora: of a Promissor
Note secured by a Deed of Trust of even date, said Note payable in
five equal annual payments, plus 6o interest on the unpaid balance.
Pe.}~r:ent,s shall commence ore year from the date of closing of this
sale. Purchasers shall have prepayment privileges without penalty.
This Contract of Sale shall be subject to Escrow Instructions marked
Exhibit C, which is attached hereto. An access road to said propert
in accordance with Pitkin County minimum specifications gill be in-
stalled at S,eller's expense, on or befvre October 1, 1967. The
location of said road shall be in c7_ose proximity to the location as
Pxis.~'S¢.~ilxchad.~x shohrn on attached Exhibit A and shall be installed on or
before October 1, 1967 and dedicated to Pitkin County for public use
Said access road shall be located only along the Southerlyy line of
Lots 1 & ~ in Block 3, as shown on attac'_~ed,ma~ marked Ey~hibit A
An abstrac of title to said property, certified to date, or a title xnsur ce policy as evt anted by a title
commitment in an amount equal to the purchase price, at~s~eller's option and expense, shall be furnished the,
purchaser on orlt~b°'xr lini-+• Td"C~m''t r"' ~ 5--. 19u.x-•
Title shall he merchantable in the seller. Subject to payment or tender as nbovo provided and compliance vJith
,. ,~i~ - ~ --.~: ~,dr•r by purchaser, the seller shall esecutc and 4cliver n good and sufficient
,.... .i ru.~, _.. .. , uaephox \!octa•u:, v~l, ~ ~r.,.....
regulations, except rrsbrictivc covonan cs of record, and except 1~rotEiC t: 7.VO ~ LVb v;::u L,J Ii:c?I 1 Lit
13x.hibit B and. ~a.tta.;;hed i1E)retop and also subject to Exhibit "D",
which i.s attached ::ere to. '
Generai ta•tov~pd:h2t7f,fn4B?:1kIACk.x>1u"7c.e:S"i:'p`9ll+..`a3jsi%:3w5 L"aSf}6"s'1••tdfiTit:a for: 19~2.iZ_ (based on 19~?~ Sexy and .;
1:) ~.~ assessment), prepz id tents, ~+ tier rents, sewer rents fire: and extended coverage insurance premiums, IrIIA 'j
mortgage insurance prrmiu:nc and interest on encumbrances, if axiy, shall he upportionea to date oii delivery of deed. .!
The hour and place of closing shalt be as desibmatct?'t,y ti:e listing agent. ;I
Possessimt of premises shall be delivered to purchaser On' C1Guin~ . Ti1iB Contract F:i:3.11 blr`r
S Ub jeCt t0 the COi15LL°::,`ti GYI Of that Certa].ri L`Ontr,9,Ct Of :~a].:J G.c.ted
^:av 1;,, l~'>5 bett~.:en t,hc ?'l~~;y C.orporat ion and C:sore Christer:sen.
~U~setst~tslattx~;xllz}a~I~.~~~~nz~~ci€~x~n the event said Contract of Sale i.s not
consulnrnated, this Contract, ~ shall be void ands'
of no effect, and t'rle payrr,ents-made hereunder shall be returned 'to
Purchaser upon t'urcrlasE 's reruest
Time is of the essence hcreo., mul tl any pay mbnt or as.y otter condition hereof is not made, tendered, or per- i~
formed by purchaser as hetem proviziz.d, then this cot tract shall be mill and void and of no effect, and both parties ~i
hereto released from all ob zPations heremu?er, and all payments made hereon shall be retained by the undc.rsi;,mcd ~ I
agent as liquidated damagc~r, previded, however, that in the event of such forfeiture, any payments made hereunder it
shall be divided between said agent anti seller, one-half thereof to the agent, but not to exceed a sum equal to the i
regular convnission, and tits balance to the seller.
In the event the seller fails to approve this instramwrt in writing within _. L~ daps from the I
date hproof; or, if title is not merchantable anti written notice of defects is given to the seller or agent within the I
time herein provided for delivery of deed and shalt not be rendered merchantable witltit~;„?i;',rlays after such written if
notice, then this contract, nt Purchaser's option, shall be void sad of ro effect, and each party hereto shall be
released from all obligations hereof and the payments made hereunder shall be returned forthwith to purchaser ~
upon„ r turn of the abstract to seller; provided, however, that in lieu of correcting such defects, sctler may, within
sal jYL~days, obtain a commitment for Owner's Title dnsarattce Polic.V in the amount of. the purchase price showing
the title to be free from such defects and seller shall pay full premium for such Title Pnsurance Policy. ~;~
~ Upon approval hereof by the seller, this agt•cetnent shall become a contract betweep seller and purchaser and
~I shall inure to th benefi~ of the hei p, successors and assigns of said parties. I
_, ~, i
• I (Approved) G~1,(_ra homer ,~~-- Agent R.Ol'/~ `'J0+"~i R A~,~.'Y ~
HAROLD C. a+HITC',:a. JFi. `-t~-z> ///~~~~ ;!
i~
I (Approved) Ry~ ~ II
Purchaser +
Tho above conhact is approved Lhis ~'~ day of ~t° °br+,.~?~w_x , 1 I~
FLAY CORPORATION By: "~~- ~
saner ~ seller
~ I
$radford•Robinaoa Peiatin¢ CoIDDanY, 182468 Stout Street, Denver, Colorado
Na 882 8 Real Estate Contract, '62 Edition-
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Land ioc~teC ~. :icc~ion`"~, `l'otiY .1~~ y S, itu.i_G 2~Y'
OI' t.lie OtI'i ~..~i. , ~i ~~:~~: v0'~.:I:~y, COi Gra GO ~GEiY:b CO:.V i; ?/E:C -
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GF PID 2643-21
PID k ADDRESS Legal
1 2643-213-07-004 244 Medicine Bow Rd Lot 1, Block 3, Brush Creek Village
2 2643-213-07-005 260 Medicine Bow Rd Lot 3, Block 3 Brush Creek Village Filing
1
3 2643-213-07-001 298 Medicine Bow Rd Lot 4, Block 3 Brush Creek Village Filing
1
4 2643-213-07-009 90 Sage Brush Ln Lot 5, Block 3 Brush Creek Village
5 2643-213-07-006 450 Solar Way Lot 6, Block 3 Brush Creek Village
6 2643-213-07-007 300 Solar Way Lot 7, Block 3 Brush Creek Village Filing
1
7 2643-213-07-008 290 Solar Way Lot 8, Block 3 Brush Creek Village Filing
1
~2
1xo I 1
I~~~' TURTLE f G•oq
_ ~ F~
108 ~Oy
` TURTLE JUNIPER•HILL DR ~
12 170
- JUNIPER HILL •r1, J ER HILL 17b
.- •
.yR RANCH
%; ~': '
~~ N 1
.. 9
TAIL ~SAIiE BRUSH SAG3H ~'P ~ $AGE BRUSH 295
~l+y - fi'r' UPPER RANCH
Z
~'~ _ 1
1560 ~--' ~ "~ 704
MEDICINE HOW ~ '"'~~ ~ fSAGE BRUSH
~ ~ GE BRUSH v Aga 107
72 ~ $, SAGE BRUSH
D TAIL ` •
y
Z .
J 2R4
~ ~iyEDICINE BOW
O ~J '~
W 3
--
450 ~
~BOLAR
~ CINE BOW ~~ ~ 23
y,, UPPER RAI
taco J
~EacINE sow ~+ ~~
-~ ,~ ~
:. j _'
260
~ ~ '~--' b00 .~- ~EDICINE BOW r_
SOLAR
Brush Creek RjFO
Caucus /c/N .
ReO~RO
~\
189
1282 M!~ ICINE BOW
1471 ,MEDICINE BOW
EDICINE BO "~v ~ ~ ~
400
~~ -
DICINE
"cy
1x26 ~ i
MEDICINE BOW ~
~ 473
'gY ICINE BOW
Z ~ 225
m ~LAR
~'z 11a4
MEDICINE BOW - `i ~--
-.~~~" 10
TABULA SA ~ ``
f 91
SOLA
9 EDICINE BOW 519
~~ s `~
'F -~-_
~F PiD zc~N3- ~
73
J
6
MEDICI
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