HomeMy WebLinkAboutpitkin.planning.264316400014, 264316400048DOCUMENT 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)
RC s t
_
PARCEL ID: 2643 - 164 -00 -014 (R) - - F)AT 1 2/2 611 9 9 5 #COPIES: C
ASE
CASE NAME: I Ross/Whitmer Lot Line Adjustment Planners
PROJ ADDR: 8396 Upper River Rd 8386 Upper River Rd Ross/Whitmer Lot Line Adj
OWN /APP: Foss , Howard & VIN ADR: CIS /Z:F PHN
REP: I ADR:r CISIZ:F-- PHN
Email Addr: I ALLOCATED HOUF
FEES DUE:7 FEES RCVDF % OVER:
�.. REF:1 BYF
DUE: j
MTG DATE REV BODY PH NOTICED DATE OF FINAL ACTION:
212711996
FT, n istr No
BOCC Reso:
No
�— No F--
BOCC Ord:
REMARKS
GF PIOs 2643 - 164-00 -014 (R) 2643 - 164 -00 -048 (W) New
PZ:
PIDs 2643- 164 -04 -048 2643 - 164 -04 -014
HRG OFF:
CLOSED: BY:
HO INDEX:
ADMIN:
Staff approval
PLAT RECORDED 5/13/1996 PLAT (BK,PG): 839 P61 #392632
ADMIN INDEX:
1996
VR APPROVAL DATE: F VR EXPIRES:
JS
CASE TYP: Subdivision Exemption for a Lot Line CASE TYP5:
CASE TYP2: CASE TYPE:
CASE TYP3: CASE TYP7:
CASETYP4:1 Date Scanned: I
1/7/2012
e. Location: IFF Box #212
r C :.SELOAD SUMMARY SHEEN.«+
PITKIN COUNTY
DATE RECEIVED: 12/25/95 _ �- 3 CASE f P15r -95
DATE COMPLETE: / PARCEL ID» 257- 15� - -014
4
STAFF MEMBER: ES r 2 5 7- 15d - -043
PROJECT NAME: Ross /Whit,er Lot Line Adjustment
Project Address: _
APPLICANT: Howard Ross / Gordon and Lvnn Whitmer
Applicant Address:
REPRESENTATIVE:
Vann & Ass
/ Sunny
Vann
Representative
Address /Phone:
230 E.
Hopkins 925 -5958
Aspen,
CO
_
--------------------
FEES: PLANNING
- - - - -- -
$ 425.Or'
#
-----------------
APPS RECEIVED
ENGINEER
$
#
PLATS RECEIVED 3
HOUSING $
ENV. HEALTH $
CLERK $
TOTAL $ 425.( -, n
TYPE OF APPLICATION: ST'rF APP- , 'OVAL: X 1 STFP: 2 STEP: _
DRC MEETING DATE
P &Z MEETING DATE PUBL?C HELPING: 'DES NO
BOCC MEETING DATE Pr_iBLTr HE'.ZTnG ':ES NO
HEARING OFFICER MEETING LATE
REFERRALS:
Attorney
Engineer
Housing
Aspen Water
N Envir.Hlth.
Zoning
Land Mgmt.
Airport Mgr.
Sheriff
City P & Z
Building Dept
DATE REFERRED:
RESOLUTION #:
Schoo
USFS (Ca rrnnd.l ;
USFS (A�-pn)
Div. of t I Id 11!
BLM
Snowrass Villa =le
Risk: Manager
Caucus
Homcca:ner
Open Spare Boar -1
Other:
_ Other: _
INITIALS: _ �( DATE D F.: I
DATE:
PLAT OR SITE PLAN RECOPPFI AT BOOK PAGE(S)
FINAL ROUTING: DATE = OUTED: INITIAL: w L
County Attorney
Housing
Open Space Bd.
Other:
FILED:
_Aspen Consol S.D.
_Rocky Mtn Nat Gas
Holy Cross
Aspen Fire
Basalt Fire
Carnondale Fire _
_Div. Water Res.
_State Forest Ser.
C ' Geo. Survey
CD
_C'. Air Board
Brish Ck Metro Dist
___County Engineer Zoning
__Envir. Health Anpli
02/03/95
uuffl
VANN ASSOCIATES
Planning Consultants
April 10, 1996
HAND DELIVERED
Ms. Suzanne Wolff
Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: Ross/Whitmer Lot Line Adjustment
Dear Suzanne:
Gi
�O
y .
t �
. L
Enclosed for your review and comment are two copies of the lot line adjustment plat
for Ross/Whitmer lot line adjustment application. If the plat is acceptable, I will
provide you with an executed original for signature by the Planning Office and
recordation with the Pitkin County Clerk and Recorder.
Please note that the plat includes the required legal descriptions of the parcels to be
exchanged, a Ross right -of -way ratification certificate, and a plat note regarding the
calculation of allowable floor area. Betsey Kipp of the Environmental Health
Department has informed me that the new lot line meets the applicable setback
requirements for septic tanks and leach fields. Please contact her directly if she has
not notified you of the plat's compliance.
Should you have any questions, or if I can be of any further assistance, please do not
hesitate to call.
Your, truly,
ASSOC TES ( 1,
"Al wi
Sunn ann, AICP
sV:cwvAI U` UUU
Enclosure IXIX
c:\bus\wunty.1tr\ltr28695.sw1
230 East Hopkins Avenue • Aspen. Colorado 81611 • 970/925 -6958 • Fa, 970/9,00-9310 T
I�U�J't2
MEMORANDUM
TO: Cindy Houben, County Community Development Director
FROM: Suzanne Wolff, Planning
RE: Ross/Whitmer Subdivision Exemption for a Lot Line Adjustment
DATE: February 21, 1996
REQUEST: The applicants request approval of a subdivision exemption for a Lot Line
Adjustment pursuant to Section 3- 190.30 of the Land Use Code. The lot line adjustment will
resolve the encroachment of an accessory structure into the side yard setback on the Whitmer parcel
and the encroachment of an existing pond and stone wall onto the Ross parcel. The Ross parcel
currently contains approximately 2.7 acres and the Whitmer parcel contains approximately 7.2
acres.
APPLICANT: Howard Ross and Gordon and Lynn Whitmer
APPLICANT'S REPRESENTATIVE: Sunny Vann
LOCATION: 8386 and 8396 Upper River Road
ZONING: RS -20 and AFR -10
STAFF COMMENTS: A lot line adjustment is permitted provided that the following six criteria
are met:
1. The adjustment creates not more than the original number of lots.
Staff Comment: No new lots will be created.
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 adjustment will not substantially alter the size of either parcel: the Ross
parcel will decrease by approximately 0.03 acre, while the Whitmer parcel will increase by the
same amount. There is no floor area ratio in the RS -20 or AFR -10 zone districts, therefore, the lot
line adjustment will not affect the allowed floor area for either lot.
uuCun3
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: Not applicable.
4. In the case of substandard size lots or parcels, the resulting lots or parcels may increase in
nonconformity as to size, so long as the other standards of this code continue to be met.
Staff Comment: Both parcels are non - conforming with respect to minimum lot area. An existing
accessory structure on the Whitmer parcel is located within 3 feet of the lot line; the adjustment will
bring this structure into compliance with the required side yard setback of 30 feet.
The applicant shall prepare a subdivision exemption lot line adjustment map in compliance
with the standards in Section 5- 60.40.
6. A lot line adjustment shall not be used to increase 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 plat amendments and shall be reviewed pursuant to Section 3-
190.90.
Staff Comment: The applicant has included a note on the lot line adjustment plat stating, "In the
event that the Pitkin County Land Use Code is amended to establish a floor area ratio for the AFR-
10 zone district, the additional lot area added to the Whitmer parcel shall be excluded from the
calculation of allowable floor area."
Joanna Schaffner, County Zoning Officer, notes that the area tabulation chart on the incorrectly
reflects the sizes of the parcels after the adjustment. However, the post - adjustment areas in the
chart are correct when rounded to the nearest tenth of an acre.
The portion of Upper River Road which traverses the Whitmer parcel is owned by the County. The
legal description of the Ross parcel includes Upper River Road; the title policy excepts a right -of-
way for the road, however, it is unclear whether the right -of -way constitutes an easement or is
owned in fee by the County. John Ely, County Attorney, recommends that the Rosses ratify the
instrument recorded January 3, 1918, in Book 156 at Page 41 to clarify a grant of easement to the
County for the 60 foot right -of -way.
RECOMMENDATION AND CONDITIONS OF APPROVAL: Pursuant to Section 3- 190.30
of the Land Use Code the Community Development Director may approve a subdivision exemption
for a lot line adjustment. Staff recommends approval of the proposed subdivision exemption for a
lot line adjustment between the Ross and Whitmer parcels, based on compliance with the
2
U VUV�� -fir
requirements standards noted above. This memo will serve as a reference document authorizing
approval of said application. The Community Development Director shall sign a lot line
adjustment plat to complete the review process. The plat shall be recorded in the Clerk &
Recorder's office, and a copy shall be placed in the file. This approval is subject to the following
conditions:
1. The applicant shall prepare a lot line adjustment plat in accordance with Section 5- 60.40.
The plat shall be recorded prior to submission of any building permit applications. All
conditions of approval shall be included on the plat. Please include on the plat legal
descriptions of the parcels to be transferred between Ross and Whitmer.
2. If the Land Use Code is amended to establish a floor area ratio for the AFR -10 zone district,
the additional lot area added to the Whitmer parcel shall not be used to calculate floor area.
3. Prior to recording of the plat, the applicant shall provide documentation to the
Environmental Health Department verifying that the new lot line meets the setback
requirements from the septic tanks and leach fields on each property.
4. The Rosses shall ratify the instrument recorded January 3, 1918, in Book 156 at Page 41 to
clarify a grant of easement to the County for the 60 foot right -of -way, prior to signature of
the lot line adjustment plat by the Community Development Director. The County Attorney
shall approve the ratification of the easement.
5. All material representations made by the applicant in the application shall be adhered to and
considered conditions of approval, unless amended by other conditions. By signing this
document, the applicant accepts responsibility for compliance with the conditions of
approval listed herein.
,A&4o-j
Cindy Houben,
Community Development Director
- :2. z7 g6
Date
Applicant cr Representative
Date
uuCdu5
Attachments:
1. Zoning Officer Comments
2. Environmental Health Officer Comments
3. Application
4. Lot Line Adjustment Plat
UUC U06
Im
M E M O R A N D U M
TO: Suzanne Wolff, Planning
FROM: Joanna S. Schaffner, Zoning Officerj�z/�
DATE: January 17, 1996
RE: Ross / Whitmer Lot Line Adjustment
Parcel ID# 2643 - 164 -00 -014 & 048
I have reviewed the above referenced application and offer the
following comments.
ZONE: AFR -10, ten acre minimum lot size, and
RS -20, twenty acre minimum lot size
The Ross parcel contains 2.7 acres and the Whitmer parcel contains
7.2 acres. Both parcels are non - conforming in size. If the lot
line adjustment is approved, both parcels will remain non-
conforming.
ROSS: 2.7 acres = 117,612. sq ft
minus .02 acres = 871.2 sq ft
equals 2.68 acres = 116,740.8 sq ft
WHITMER: 7.2 acres = 313,632. sq ft
plus .02 acres = 871.2 so ft
equals 7.22 acres = 314,503.2 sq ft
It appears that the area tabulation chart on the site plan is
inaccurate.
SETBACKS: The required setbacks for the Whitmer parcel are:
50 foot front yard setback
30 foot side yard setback
30 foot rear yard setback
20 foot minimum stream setback
The relocation of the Whitmer northern lot line as proposed will
eliminate the existing setback encroachment.
FLOOR AREA: Each parcel is allowed a total of 15,000 square feet
of floor area. The proposed lot line adjustment will not affect
the allowed floor area of either parcel.
OTHER: It is not known what type of structure is indicated on the
site plan. Is this a permitted structure /use? Is the pond natural
or man -made? If man -made, when was it made, and does the applicant
have sufficient water rights for this pond? Are there approved
building envelopes on either parcel?
uUGJU7
MEMORANDIIM
To: Ellen Sassano, Planning Office
From: Betsey Kipp, Environmental Health Department
Through: Lee Cassin, Assistant Environmental Health Director 11 C L
Date: January 17, 1996
Re: Ross / Whitmer Lot Line Adjustment
Parcel ID # 2643 - 164 -00 -044 & 048
The Aspen / Pitkin Environmental Health Department has reviewed the
details of the Ross / Whitmer application under the authority of
the Pitkin County Land Use Code and has the following comments.
ADEQUATE PROVISIONS FOR WATER NEEDS: Sections 2 -17 and 3 -1104:
"It is the policy of the County to insure the availability of a water supply of adequate quality, quantity,
pressure and dependability for fire protection and support of a proposed lard use prior to approval of the
use. The County shall require lard uses to hook up to existing public systems if service is available."
This application's approval will not impact the quality or
quantity of the potable water from the wells existing on the
properties. However, this Department recommends that the
locations of the wells are verified so that the lot line
adjustment does not alter a well's placement on the appropriate
lot.
There is no condition of approval.
SEWAGE TREATMENT AND COLLECTION• Sections 2 -18 and 3 -1105: "ltis
the policy of the County to ensure that adequate sewage treatment facilities are available to serve existing
and new developments. Public and private sewage disposal systems and connections to such systems shall
comply with the sewage disposal guidelines of Pitkin County's Individual Sewage Disposal System Regulation."
The Ross property and the Whitmer property are served by
individual sewage disposal systems as is common in this area of
Pitkin County. The County's sewage regulations require that the
miniumum horizontal setback from a septic tank and a leach field
to a property line is 10 feet. It appears from the Department's
records that movement of the lot line will not affect the
setback, but the applicants will need to verify that.
A condition o
Environmental
showing the n
f approval will be to provide the
Health Department with documentation
ew lot line and distances to the septic
7
I;U�JUt�
tanks and leach fields on the respective properties.
WATER OUALITY IMPACTS• Sections 2 -14 and 3 -705 and 3 -710:
"It is the policy of the County to preserve and protect its present water resources. To this end it is the
policy of the Canty that no lard use be initiated which would adversely affect the quantity, quality, or
accessibility of the County's water resources; or which would occur at the expense of established water -
dependent agriculturaL activities; or which would resuLt in increased salinization of water resources, loss
of minimum stream flows, further destruction of wildlife habitat, or major expenditures to reacquire or
redistribute major water resources. It is also the policy of the County to maintain a natural vegetative
buffer along its surface waters such that the surface and groudwaters of the area are not encroached upon
by Lard uses or other human activities which could cause deterioration of water quality or impair the
natural treatment processes provided by meadows and wetlands."
There is no condition of approval related to water
quality.
AIR QUALITY: Sections 2 -13 and 3 -602:
"OnLy that development is permitted which will not contribute significantly to degradation of air quality in
Pitkin County. Developments may not constitute an indirect or direct air pollution source under Federal,
State or County regulations."
This application is not related to air quality issues.
There is no condition of approval.
CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: Section 2 -7:
"It is the policy of the County to ensure that no use or development of land is permitted which is in
violation of the laws of the County, the state of Colorado, or the United States of America."
This Department is not aware of any issues of concern regarding
other environmental health laws.
... ENV:WP:LAND USE:ROSS.WHITNER.LOT.LINE
2
UUUJ69
MESSAGE DISPLAY
TO Suzanne Wolff CC Bud
CC John Ely
From: Bud Eylar
Postmark: Jan 25,96 2:43 PM
Status: Previously read
Subject: Reply to: Ross / Whitmer Lot Line Adj
------------------------------------------------------------------------------
Reply text:
From Bud Eylar:
Suzanne, I know what I think however we probably should have a real
legal opinion on this one. It looked to me if they were swapping
land encumbered by an easement of a county road but the 60' right of
way implies to me that we may have the ownership of a specific 60
foot wide parcel. It may need a little more research. Bud
Preceding message:
From Suzanne Wolff:
You were going to check
Whitmer parcel - in the
claim deed (Bk 390, Pg
both sides of the River
parcel excepts 11 60 1 ROW
(recorded Bk 156, Pg 41
an easement or is owned
a deed re: the ROW or easement across the
application Sunny included a copy of the quit
)56) which deeds "all of the land being 30' on
Road...". However the title for the Ross
for county road or public highway purposes"
on 1/3/1918). It does not specify if this is
in fee by County. Any comments?
uuCJ10
I
MESSAGE DISPLAY
TO Ellen Sassano CC Bud
From: Bud Eylar
Postmark: Jan 05,96 2:00 PM
Subject: Ross /Whitmer Lot Line Adj
----------------- ---------------- --- - --
Message:
Ellen, I have reviewed the application and have asked
get me a copy of the deed at BK390 PG953 to see what it
the County ROW or easement. Unless there is something
ordinary in the deed, I don't have any comments on this
Bud
------- ---===== X====-----------
Jeanette to
says about
out of the
application
uuC0i1
I
VANN ASSOCIATES
Planning Consultants
December 15, 1995
HAND DELIVERED
Ms. Ellen Sassano
Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: Ross / Whitmer Lot Line Adjustment
Dear Ellen:
Please consider this letter an application for subdivision exemption approval to
adjust the common boundary between two parcels of land which are located
adjacent to the Roaring Fork River and Upper River Road in the Woody Creek
area of unincorporated Pitkin County, Colorado (see Exhibit 1, Pre - Application
Conference Summary, attached hereto).
The application is submitted pursuant to Section 3 -1803 of the Pitkin County Land
Use Code by Howard Ross and Gordon and Lynn Whitmer, the owners of the
parcels in question (see Exhibits 2 and 3, Title Insurance Policies). Permission
for Vann Associates to represent the Applicants is attached as Exhibit 4. An
executed application fee agreement is attached as Exhibit 5.
Existing Conditions
As the accompanying draft lot line adjustment plat illustrates, the Ross and
Whitmer parcels contain approximately 2.7 and 7.2 acres, respectively. The
Upper River Road traverses the two parcels from north to south. The portion of
the Road which traverses the Whitmer parcel is owned by the County (see Exhibit
6, Quit Claim Deed). As the attached Title Policy indicates, the legal description
of the Ross parcel includes the Upper River Road. While the Policy excepts a
right -of -way for the Road, it is unclear whether the right -of -way constitutes an
easement or is owned in fee by the County.
The area of the two parcels located between the Upper River Road and the
Roaring Fork River is zoned AFR -10, Agricultural /Forestry/Residential. The area
of the parcels located above the Road is zoned RS -20, Planned Unit Development
230 East Hrpkins Avenue • Aspen, Colorado 81611 • 0- 01 1 925 -6955 • Fax 970/920 -9310
u'iGJi2
Ms. Ellen Sassano
December 15, 1995
Page 2
Resource. Both parcels are non - conforming with respect to their underlying
zoning. Existing man -made development includes a single - family residence on
each parcel and various accessory uses and structures.
Proposed Amendment
The Applicants wish to adjust the common boundary between their respective
properties to accommodate various existing landscape features and to eliminate a
non - conformity with respect to the side yard setback requirements of the AFR -10
zone district. As the lot line adjustment plat illustrates, an existing accessory
building on the Whitmer parcel is located within three (3) feet of the present
boundary between the parcels. The applicable side yard setback requirement is
thirty feet. In addition, an existing pond and stone wall located adjacent to the
accessory structure encroach into the Ross parcel.
The Applicants propose to resolve both the setback and encroachment issues by
deeding portions of their respective parcels to each other. As the area tabulation
table on the plat indicates, the Whitmer parcel will increase in size by 1,944
square feet, or approximately 0.044 acres. The Ross parcel will decrease in size
by 764 square feet, or approximately 0.018 acres. While the conveyances are not
equal, their impact on the acreages of the two parcels is negligible. As the plat
illustrates, the revised lot line represents the minimum adjustment necessary to
meet the required setback requirement.
Review Requirements
Pursuant to Section 3 -1803 of the Land Use Code, the Planning Director may
grant subdivision exemption approval to adjust a lot line between adjacent parcels
under separate ownership. The specific review criteria, and the proposed lot line
adjustment's compliance therewith, are summarized below.
1. "The adjustment creates not more than the original number of lots or par-
cels."
No additional lots or parcels will be created as a result of the proposed lot
line adjustment.
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."
vuG J13
Ms. Ellen Sassano
December 15, 1995
Page 3
While there is presently no floor area ratio in the AFR -10 or RS -20 zone
districts, a note has been added to the proposed plat which excludes the addition-
al area to be added to the Whitmer property from the calculation of allowable
floor area should a floor area limitation be adopted in the future. As the lot line
adjustment plat illustrates, the revised boundary will not significantly alter the par-
cels' existing size or configuration.
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."
This criteria does not apply as both parcels are nonconforming with respect
to the minimum lot area requirements of the underlying zone districts.
4. "In the case of substandard size lots or parcels, the resulting lots or
parcels may increase in non - conformity as to lot size so long as the other
standards of this code continue to be met."
Both parcels are nonconforming with respect to minimum lot area. The
proposed lot line adjustment, however, will not significant alter the area of either
parcel. The adjustment will eliminate an existing non - conformity with respect to
the side yard setback requirements of the AFR -10 zone district.
5. "The applicant shall prepare a subdivision exemption lot line adjustment
map in compliance with the standards in Section 5 -6."
The accompanying lot line adjustment plat complies with the requirements
of Section 5 -604 of the Code. A mylar copy of the plat will be provided for
execution and recordation by the County upon the receipt of subdivision exemp-
tion approval.
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."
A note addressing this requirement is provided on the draft lot line
adjustment plat which accompanies this application.
While we believe that the requested lot line adjustment complies with all of the
above requirements, we would be happy to provide such additional information as
may be requested during the processing of the application.
lyul,�14
Ms. Ellen Sassano
December 15, 1995
Page 4
Should you have any questions, or require additional information, please do not
hesitate to call.
Yours truly,
ASSOCIATES
Sunny IVInn, AICP
Attachments
cc: Howard Ross
Gordon Whitmer
cAbw\county.app\app28895.amd
EXHIBIT 2
S C H E D U L E A
ORDER NO.: 00020330 POLICY NO.: M- 9994 -82083
DATE OF POLICY: September 24, 1993 at 11:16 A.M.
AMOUNT OF INSURANCE: $ 265,000.00
1. NAME OF INSURED:
IMPERIAL CREDIT INDUSTRIES, INC., A CALIFORNIA CORPORATION, IT'S
SUCCESSORS AND /OR ASSIGNS
2. THE ESTATE OR INTEREST IN THE LAND WHICH IS ENCUMBERED BY THE
INSURED MORTGAGE IS:
Fee Simple
3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN:
HOWARD ROSS AKA HOWARD F. ROSS
4. THE INSURED MORTGAGE AND ASSIGNMENTS THEREOF, IF ANY, ARE DESCRIBED
AS FOLLOWS:
A Deed of Trust dated September 16, 1993, executed by Howard F.
Ross, to the Public Trustee of Pitkin County, to secure an
indebtedness of $265,000.00, in favor of Imperial Credit
Industries, Inc., a California Corporation, recorded September 24,
1993 in Book 724 at Page 875 as Reception No. 361368.
5. THE LAND REFERRED TO IN THIS POLICY IS IN THE STATE OF COLORADO,
COUNTY OF PITKIN, AND IS DESCRIBED AS FOLLOWS:
See Legal Description Attached Hereto & Made a Part hereof.
Stewart Title of Aspen, Inc.
620 E. Hopkins
Aspen, CO 81611
303 - 925 -3577
D
AUTHORIZED
SIGNATURE
ULjbJ -L6
S C H E D U L E B
PART 1
POLICY NO.: M- 9994 -82083
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE
COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH
ARISE BY REASON OF:
1. RIGHTS OR CLAIMS OF PARTIES IN POSSESSION NOT SHOWN BY THE
PUBLIC RECORDS.
2. EASEMENTS, OR CLAIMS OF EASEMENTS, NOT SHOWN BY THE PUBLIC
RECORDS.
3. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA,
ENCROACHMENTS, AND ANY FACTS WHICH A CORRECT SURVEY AND
INSPECTION OF THE PREMISES WOULD DISCLOSE AND WHICH ARE NOT
SHOWN BY THE PUBLIC RECORDS.
4. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR, OR
MATERIAL THERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW
AND NOT SHOWN BY THE PUBLIC RECORDS.
5. UNPATENTED MINING CLAIMS; WATER RIGHTS, CLAIMS OR TITLE TO
WATER.
6. Taxes for the year 1993 and thereafter, and any special
assessment or charges not yet certified to the office of the
County Treasurer.
7. All rights to any and all minerals, ore and metals of any kind
and character, and all coal, asphaltum, oil, gas and other like
substances in or under said land, the rights of ingress and
egress for the purpose of mining, together with enough of the
surface of the same as may be necessary for the proper and
convenient working of such minerals and substances, as reserved
in Patent from the State of Colorado recorded June 26, 1937 in
Book 162 at Page 585.
8. 60 foot right of way for county road or public highway purposes
as set forth in instrument recorded January 3, 1918 in Book 156
at Page 41.
9. Right of way for pipeline as shown on Plat by Rocky Mountain
Natural Gas Company recorded April 23, 1962 in Ditch Book 2A at
Page 273.
10. Right of way easement to Holy Cross Electric Association, Inc.,
as set forth in instrument recorded December 7, 1973 in Book 282
at Page 100 as amended by easement recorded February 18, 1983
in Book 440 at Page 738 as Reception No. 248058.
11. This policy does not insure title to land comprising the shores
Continued on next page
EXCEPTIONS NUMBERED 1 -4 ARE HEREBY OMITTED.
"J,.) -7
ATTACHED TO AND MADE A PART OF
STEWART TITLE GUARANTY COMPANY POLICY NO.:9994 -82083
CONTINUATION OF SCHEDULE B, PART I
or bottoms of rivers and is subject to any build up or loss of
property along Roaring Fork River , caused by the processes of
accretion and reliction, or caused by man made changes in the
flow of water or in the course of the river bank or river
channel; also subject to the free and unobstructed flow of the
water of said river.
12. Right of way easement to Micro -Cable Communications Corporation
as set forth in instrument recorded April 12, 1983 in Book 443
at Page 218 as Reception No. 249324.
lil UJJ_8
K- SCHEDULE A - -+
PROPERTY DESCRIPTION
ORDER NO: 00020330
A parcel of land being located in Section 16, Township 9 South,
Range 85 West of the 6th P.M. Said parcel of land being bounded
on the Northeasterly side by the Westerly line of the Denver
and Rio Grande Railroad Right of Way; on the Southwesterly side
by the Roaring Fork River; on the Southeasterly side by the
parcel described in Book 183 at Page 291 in the office of the
Pitkin County Clerk and Recorder; and on the Northwesterly side
by that parcel described in Book 185 at Page 398 in the Office
of the Pitkin County Clerk and Recorder, being more fully
described below as Parcel I and II.
PARCEL I:
A parcel of land being located in Section 16, Township 9 South,
Range 85 West of the 6th P.M. Said parcel is more fully
described as follows: Beginning at a point whence the North 1/4
corner of said Section 16 bears N. 12 degrees 26 minutes 40
seconds W. 3373.94 feet; thence S. 05 degrees 58 minutes 48
seconds W. 20.47 feet; thence S. 10 degrees 56 minutes 15
seconds W. 55.22 feet; thence S. 18 degrees 12 minutes 46
seconds W. 129.93 feet; thence S. 27 degrees 41 minutes 24
seconds W. 311.83 feet; thence S. 65 degrees 05 minutes 00
seconds W. 175.00 feet, more or less, to the Roaring Fork River;
thence Northeasterly along the Roaring Fork River, 450 feet,
more or less; thence N. 59 degrees 04 minutes E. 245.00 feet,
more or less, to the point of beginning, as hereinbefore
described.
PARCEL II:
A parcel of land being located in Section 16, Township 9 South,
Range 85 West of the 6th P.M. more fully described as follows:
Beginning at a point whence the North 1/4 corner of said Section
16 bears N. 12 degrees 26 minutes 40 seconds W. 3373.94 feet;
thence S. 00 degrees 58 minutes 48 seconds W. 20.46 feet;
thence S. 10 degrees 56 minutes 15 seconds W. 55.22 feet;
thence S. 18 degress 12 minutes 46 seconds W. 129.93 feet;
thence S. 27 degrees 41 minutes 24 seconds W. 311.83 feet;
thence N. 65 degrees 05 minutes 00 seconds E. 109.84 feet, more
or less, to a point on the Westerly right -of -way line of the
Denver and Rio Grande Railroad whence the North 1/4 corner,
Section 16, Township 9 South, Range 85 of the 6th P.M. bears N.
11 degrees 30 minutes W. 3743.0 feet; thence Northeasterly
along said right -of -way to a point which bears N. 59 degrees 04
minutes E. from the point of beginning; thence S. 59 degrees 04
minutes W. to the point of beginning, as hereinbefore
Continued on next page
UUGJ 19
ORDER NO. 00020330
SCHEDULE A
PROPERTY DESCRIPTION CONTINUED
PROPERTY DESCRIPTION CONTINUED
described.
All being in the County of Pitkin, State of Colorado
uUuJ�`
I EXHIBIT 4
December 15, 1995
Ms. Ellen Sassano
Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Permission to Represent
Dear Ms. Sassano:
Please consider this letter authorization for Sunny Vann of Vann Associates, Planning
Consultants, to represent us in the processing of our application for subdivision
exemption approval to adjust the common lot line between our properties which are
located at 8386 and 8396 Upper River Road in unincorporated Pitkin County, Colorado.
Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasona-
bly pertaining to the aforementioned application.
Should you have any questions, or if we can be of any further assistance, please do not
hesitate to call.
Sincerely,
( l e i
Howard Ross
8386 Upper River Road
Woody Creek. CO 81656
(970) 923 -4933
Gortl'on Whitmer
8396 Upper River Mad
Woody Creek, CO 81656
(970) 923 -4418
cAbus\county.ItrU[r28695.es 1
lilit; _ }21
i
1
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A`
fy ,
aaawd" ffi�
- Lor Banner;
Don DEED, Made thte 20th dq ef June , is 80,
eooz390 n
r s
�_
bates Gordon Whitmer
at ria County of Pitkin ad State Of
Coobrede, at dMI fitIt P Uk =A JUN 30M
Board of County Commissioners 0 i
d the Cmtrd Pitkin and orated - — °_.. -- --
Colorado, d the aaod part,
WITNESSES$ That the said part of the fbat part. for ad 4 mWmatlea d tba mom d
Ten (510.00) DO LLARS,
to the said pertyr d ert the that p he haaa pdd by the rid pert y d the emeed pact, the aMpt vhaeo!
b hereby rdemad and odimwledC4 bar s ram . yetmmC old, revered and QUIT CLAMED, and by
them poste deeS ramie, yelra, mR, aearnr and QDTT CLAM[ unto the said lint of the road part,
its bating ,anreor and aelgns, forever, an .ha right, tttb, latart, eWm and demand wbie6 the MW
pat of the not pert he In and b the h0awbg drQmed bt a pared d tad o teat4 tybg and
bate; in the caosty d Pitkin and state of Cobrada to wit:
All of the land being thirty (30) feet on both sides of the River
Road as now in place as it crosses the land presently owned by
Gordon Whitmer, acquired by deed of record at Book 304 ,
Page 225 of the records of the Pitkin County Clert —and Recorder.
S!�
TO HAVE .4 ND TO HOLD tam Same, togetbrr WM W and dngdar the appmtaanee ad pdvftw tbemmb
belongbg or is an7wbe theremte appa4Wn6 and on the ota* right, title, bterrt and ddm whaterrmr, of the
rid part y of the Oral part, althr m Law or equity. to the only Proper me, bsadit and behod of the add
pare y of the smand Part, its item and ..signs forerar.
M WITNESS WHEREOF, The said pat of the first r��art Imt hen te art his tied
and seal the day and yur Drat aber. written, n 1 /
8lgae4 Sealed ad Ddtearad In the Prwmr of
- oat n Wh -.et (SEAL)
_[SEAL]
[SEAL]
(SEAL]
STATE OF COLORADO.
Cm d `
The famobas ' . armi before me this ,t q &A- day d C7".K e_
20JO. by
my ammininamhr fl - » . of ao. WfWae my hand ad dfldal ML
I �•
Ift. "L MM CAM ne>a.- hefwd nema44 M&N mom mmb pwra. SYeee -a -s
�u ,.,Z2
Aspen/Pitkin Community
Development Department
130 South Galena Street
Aspen, Colorado 81611
(303) 920 -5090
atp�l a - I(cy ao
-oqg
City Land Use A 1; 2�g3-ItPq-Do -0Iy
00113 63850 -041
- 63855 -042
- 63860 -043
- 63875 -046
- MR01 I
pp �cahon Fees:
Deposit
Flat Fee
HPC
Zoning & Sign Permit
Use Tax
County Land Use Application
Fees:
00113- 63800 -033
Deposit
- 63805 -034
Flat Fee
- 63820 -037
Zoning
-63825 -038
Board of Adjustment
Referral Fees:
00113 63810 -035
00115 63340 -163
0012 63340 -190,
0012 63340 -205
00113 63815 -036
Sales:
00113 63830 -039
- 69000 -145
UUCJ23
County Engineer
City Engineer
Housing
Environmental Health
County Clerk
County Code
Copy Fees
Other
W 1, 7 6, 0 0 M
Total 92 5_ =
Project:
Case No: _
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