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Home My WebLink Aboutpitkin.planning.264320301001, 264320300001DOCUMENT 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) _ PARCEL ID: 2643 -203 50-0 4001 26 DATE CASE NAME1 Schwarz Subdivision Exemption for Lot Line Adjustment Planners 11' PROJ ADDRC 0 Cory Point Ranch Rd Lot 1 & Lot 5 Cozy Point Ridge OWN /APP: Schwarz, David ADRF— C /S /Z:F F REP: Bruce Hazard - Design Wksh ADR: 120E Main Street, As CIS/Z: F F Email Addr: U4110ZN_\19111] FEES DUE:450 +150 =600 FEES RCVD:450 +150=600 % OVER: REFERRALS lAttorney, Engineer, Zoning REF: 1/29/1997 BY Rhonda DUE: 2/28/1997 MTG DATE REV BODY PH NOTICED DATE OF FINAL ACTION: Im Admin No F— NO F— REMARKS no vesting CLOSED: 3/611997 BY: PLAT RECORDED 12/6/02 PLAT (BK,PG): B63 P67 #475731 VR APPROVAL DATE: _ _ VR EXPIRES: — CASE TYP: Subdivision Exemption forlot Line A CASE TYP5: F— CASE TYP2: CASE TYPE: CASE TYP3: CASE TYP7: F— CASE TYP4: Date Scanned: I �F,i,l�e Location: FF Box #214 me =_ BOCC Reso: BOCC Ord: PZ: HRG OFF: HO INDEX: ADMIN: ADMIN INDEYJ DATE RECEIVED: DATE COMPLETE: PARCEL ID # PROJECT NAME: Project Address: APPLICANT: Address/Phone: CASK `)AD SUMMARY SHEET - PITKIN " JNTY -4 t 1 1/13/97 CASE # P 6 -97 STAFF. ark 2643 -t42 -0 Y00d- W614 20 3 -o I -004 a-4 2G y 3 -203 Schwarz Subdivision Exemption for Lot Line Adjustment Cozy Point Ridge Subdivision Lot 1, and out parcel David Schwarz REPRESENTATIVE: Bruce Hazard Address/Phone: 120 E. Main St, Aspen 925 -8354 RESPONSIBLE PARTY: 4wft RF- P• Other Name/Address: FEES DUE FEES RECEIVED PLANNING $450 PLANNING $450. # APPS RECEIVED 5 ENGINEER $150 ENGINEER $150 # PLATS RECEIVED 5 HOUSING $0 HOUSING $ GIS DISK RECEIVED: ENV HEALTH $0 ENV HEALTH $ CLERK $0 CLERK $ TYPE OF APPLICATION TOTAL $600 TOTAL RCVD $600. Staff Approval Review Body �NFlleeting Date Public Hearing? • Officer Hearing RE RRALS: ounty Attorney 9,C.'ou y hngmeer mng ❑ Housing ❑ Environmental Health ❑ Sheriff ❑ Land Management ❑ Risk Manager ❑ Airport Manager ❑ Floodplain Administrator ❑ Open Space Board DATE REFERRED: I 1;q ❑ CO State Forest Service ❑ CO Division of Wildlife ❑ CO Geological Survey ❑ CO Div of Water Resources ❑ US Forest Service - Aspen ❑ US Forest Service - Sopris ❑ CDOT ❑ BLM ❑ Caucus: ❑ Homeowners' Association ❑ Wildlife Officer INITIALS: g-N ❑ Aspen Fire ❑ Basalt Fire ❑ Carbondale Fire ❑ Aspen Water ❑ Aspen P &Z ❑ Clean Air Board ❑ ACSD ❑ Rocky Mtn Natural Gas ❑ Holy Cross Electric ❑ Aspen School District / Other: -R-r1 A. 1�i9 v DATE DUE: ) , APPROVAL: Resolution /Ordinance # Date: Staff/Hearing Officer Approval Plat/Site Plan Recorded CLOSED/FILED DATE: INITIALS: ROUTE TO: 0 00001 cr, zU Date: Book , Page MEMORANDUM TO: Cindy Houben, County Community Development Director FROM: Suzanne Wolff, Planner RE: Schwarz Subdivision Exemption for a Lot Line Adjustment DATE: March 5, 1997 REQUEST: The applicant requests approval of a subdivision exemption for a Lot Line Adjustment. The new lot line will correspond with the ridge between the two lots. APPLICANT: David Schwarz REPRESENTATIVE: Bruce Hazzard LOCATION: Lot 1, Cozy Point Ridge Subdivision and Parcel 2, a metes and bounds parcel F-AIMI-106WETIM REFERRAL COMMENTS: The Zoning Officer reviewed the application and did not note any concerns. The application was referred to the Town of Snowmass Village, however, no comments were received. STAFF COMMENTS: Pursuant to Section 3- 190.30 of the Land Use Code, 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 decrease Lot 1 from 41 acres to 35 acres, and will increase Parcel'-) from 59 acres to 65 acres. There is no floor area ratio in the AFR -10 zone district, therefore, the lot line adjustment will not affect the allowed floor area for either lot. The area proposed to be added to Parcel 2 contains steep slopes and will not be used for development. 3. In the case of conforming lots and parcels, any resulting lot or parcel shall conform to the minimum requirements for area or width established by the provisions of the Code. Staff Comment: Both lots conform to the area and width requirements for the AFR -10 zone district 000002 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: Not applicable. 5. 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 shall include 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 Parcel 2 shall be excluded from the calculation of allowable floor area." 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 Schwarz Subdivision Exemption for a Lot Line Adjustment, based on compliance with the 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 Lot 1 and Parcel 2 prior to adjustment, and of the parcel to be transferred from Lot 1 to Parcel 2 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 Parcel 2 shall not be used to calculate floor area. 3. The area added to Parcel 2 shall not be used for development. 4. 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. Cindy Houben, Community Development Director Date OOOJ03 Applicant or Representative A5J111V wOetr �� 3-1/- 9?- Date Attachments: 1. Zoning Officer Comments 2. Application 3. Lot Line Adjustment Plat Gul:uU:� ASPEN/PITHIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920 -5090 FAX (970) 920 -5439 MEMORANDUM TO: County Attorney County Engineer Zoning FROM: Suzanne Wolff, Community Development Department RE: Schwarz Subdivision Exemption for Lot Line Adjustment Parcel ID 92643- 212 -00 -001 DATE: January 29, 1997 Attached for your review and comments is an applic ion- submitted by David Schwarz. Please return Your comments to me no later th February 28, 199 . Thank you. ` VVCVV5 t Design Vork,hnp. Inc Landcrapr .Ar, line, to re Land Planning Urban DevFn Tourism Plennue, I have also attached additional documents required by the code, specifically, the vicinity map, copies of the legal descriptions of each parcel, maps indicating the proposed lot line adjustment, proof of ownership of the parcels by the Applicant, filing fee in the amount of $600.00, Agreement to pay form and a certification by Pitkin County Title as to the history of Parcel 2. Please review for completeness and call me if there are any deficiencies.Once your review is completed, I will provide you with a Certified plat, signed by the surveyor, Ownersd and Mortgagees showing the final parcels along with the legal descriptions for recording. /\ Respectfully, ✓ N � �UL�U6 Bruce Hazzard, Principal DESIGNWORKSHOP JanuaryJ3, 1997 Lance Clark, Deputy Director Community Development Department 130 S. Galena NI ... , "" " Aspen, Co. 81611 i1 Re: Schwarz / Architectural Objects Parcels Administrative Review- Submission II-0 ,- r.I-,+ Lance: h, -„ � � „_L;;; Attached is the information required pursuant to the Pitkin County Land Use Code (Sections 3- 190.30, 4 -40 and 5 -60) relative to the meeting held at your office. The parcels in question are each over 35 acres in size and are currently zoned AFR -10. They were part of the Cozy Point Ridge Subdivision Plat as Lot 1 and another out - parcel. The Owner (David Schwarz owns a greater than 50% part of the Parcel 2- Architectural Objects) of these parcels is requesting administrative review and Planning Director approval of a lot line adjustment between the two. This requested adjustment should be processed as a 1 "" '' 1 '' subdivision exemption in that it meets the following criteria as established by „ I'•,,,h, the Code; 1. The adjustment creates not more than the original number of lots, or parcels. 2. The purpose, or effect, of the lot line adjustment is not the creation of a new lot, or parcel. 3. The resulting parcels conform to the minimum requirements for the areas and widths required under the Code. 4. Neither of the parcels are currently non - conforming in size. 5. A Subdivision Exemption plat will be prepared and recorded by the Owners subject to approval by the Planning Director. 6. The requested adjustment does not affect the floor areas obtained by previous approvals for the original creation of these parcels. I have also attached additional documents required by the code, specifically, the vicinity map, copies of the legal descriptions of each parcel, maps indicating the proposed lot line adjustment, proof of ownership of the parcels by the Applicant, filing fee in the amount of $600.00, Agreement to pay form and a certification by Pitkin County Title as to the history of Parcel 2. Please review for completeness and call me if there are any deficiencies.Once your review is completed, I will provide you with a Certified plat, signed by the surveyor, Ownersd and Mortgagees showing the final parcels along with the legal descriptions for recording. /\ Respectfully, ✓ N � �UL�U6 Bruce Hazzard, Principal DESIGNWORKSHOP Bumt Mt. Parcel 2 Lot 1 Cozy Poin Ridge /' Buttermilk Ski Areo Highlands k Areo Aspen Ski Area' 40el# Red Mt. • Subdivision • Owl Creek '� Brusdlagh ftie� e \/ 10 Mf'•a • Woody Creek Sordy Field • • Stanwood Location Map U6U -1000 National Forest Boundary WHITE RIVER NATIONAL FOREST •Little Elk Crack WHITE RNER NATIONAL FOREST • Gateway to _ \ Snowmass Old Snowmaas • Lazy 0 •�� _ - _ '- -' Ranch - - - --� ��_� • Shield 0 Mesa /Y / Sams Knob .. ._.... ....... ,� ........ ... ..... -- / ___ -� ".r.'.::.. '.'. ..... r Watson Divide O Wei Village Aapen` Vldloge ` Bumt Mt. Parcel 2 Lot 1 Cozy Poin Ridge /' Buttermilk Ski Areo Highlands k Areo Aspen Ski Area' 40el# Red Mt. • Subdivision • Owl Creek '� Brusdlagh ftie� e \/ 10 Mf'•a • Woody Creek Sordy Field • • Stanwood Location Map U6U -1000 National Forest Boundary WHITE RIVER NATIONAL FOREST PITKIN COUNTY PRE- APPLICATION CONFERENCE SUMMARY DATE: December 12, 1996 PLANNER: Lance Clarke PROJECT: Schwarz/Architectural Toys Lot Line Adjustment OWNER: David Schwarz, Architectural 013JeeT�' APPLICANT'S REPRESENTATIVE: Bruce Hazzard PHONE: 925 -8354 411A71u / \.�•1 1. Type of application: Subdivision Exemption for Lot Line Adjustment. ✓2. Describe action /type of development being requested: Adjustment of lot line between Lot 1 Cozy Point Ridge Subdivision and adjacent metes and bounds Parcel 2. /3. Areas in which Applicant has been requested to respond, types of reports requested: Please provide application submission requirements specified in Land Use Code Section 5 -60. There should be a written report addressing the criteria and standards of Land Use Code Section 3- 190.30. Please provide lot line adjustment plat on 24 "x 36" blueprint drawings as specified in Code Section 5- 60.40. Include the pre - application summary sheet with the application. 4. Refer to: Attorney, Engineer, Zoning. 5. Review is before: Administrative. 6. Public Hearing: No. 7. Applicant is required to post sign for public hearing: No. 8. Applicant is to submit list of adjacent property owners: No. ✓ 9. Disclosure of ownership: Yes (two copies). Documentation of creation of Parcel 2, including chain of title /non - merger of lands for the subject parcel and all adjacent parcels from title company or attorney. 10. Number of copies of application to be submitted: 5. OUl; 63 ✓ 11. What deposit was Applicant requested to submit: $600.00 ( $450 Planning, $150 Engineer). 12. Agreement to pay form :Yes, one c py. v 13. Letter of authorization from owne s for representation: Yes. uciu— ) PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, 3RD FLOOR Christina Davis ASPEN, COLORADO 81611 Joy S. Higenp Exec. Vice Pres. 970- 925 -1766 : 970- 925 -6527 FAX Escrow Officer To: Design workshop December 26, 1996 Attn: Bruce Hazard Re: Metes and Bounds Parcel in Book 589 at Page 923 Dear Bruce, Enclosed is a copy of the Deed recorded April 12, 1989 in Book 589 at Page 923 in which the parcel conveyed by that Deed was created as a separate parcel, prior to that date and recording the parcel was a porti)n of Cozy Point Ranch and was included within a larger parcel and description. Please feel free to call me should you require any additioril information. Si cerely Vincent J. i ns President Vh enc U11U L `'°' CERTIFICATE OF OWNERSHIP " Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that DAVID M. SCHWARZ (AS TO PARCEL 1, AND ARCHITECTURAL OBJECTS, INC., A DELAWARE CORPORATION (AS TO PARCEL 2)are -he owner's in fee simple of the following described property: AS SET FORTH ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. COUNTY OF PITKIN, STATE OF COLORADO. Subject to encumbrances, easements and rights of way of record. This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. PITKIN COUNT ITLE, INC. BY: author d signature CERTIFIED TO: CEMBER 26, 1996 @ 8:30 A.M. EXHIBIT "A" PARCEL 1 r�. LOT 1, COZY POINT RIDGE SUBDIVISION, according to the Plat thereof recorded March 21, 1989 in Plat Book 22 at Page 26. PARCEL 2 A parcel of land situated in Section 20, Township 9 South, Range 85 West of the 6th P.M., Pitkin County, Colorado, being Southwesterly of the fathering parcel of the Cozy Point Ridge Subdivision adjacent to Lot 1, Cozy Point Ridge Subdivision, described as follows: BEGINNING at a point on the North line of the South 1/2 of the Southwest 1/4 of Section 20, Township 9 South, Range 85 West of the 6th P.M., whence the Southwest Corner of Section 20 (1913 Glo Brass Cap) bears North 89 058153" West 1,066.89 feet and South 00 004108" West 1,320.09 feet; Thence along this Westerly line of Lot 1, Cozy Point Ridge Subdivision as follows: North 46 033'25" East 1,118.61 feet; North 05 025121" East 383.31 feet; North 66 052'48" West 201.25 feet; North 40 000'00" West 485.00 feet; Thence South 89 009115" West 1,418.42 feet more or less to the Westerly line of Section 20; Thence South 00 000132" West 259.82 feet along the Westerly line of Section 20 to the West 1/4 Corner (1913 Glo Brass Cap); Thence South 00 104108" West 1,320.09 feet along the Westerly line of Section 20 to the Northwest Corner of the South 1/2 of the Southwest 1/4 of Section 20; Thence South 89 158'53" East 1,066.89 feet along the North line of the South 1/2 of the Southwest 1/4 of Section 20 to the Point of Beginning. TOGETHER with easements for ingress and egress for access as set forth in instrument recorded September 18, 1989 in Book 588 at Page 236 and the Protective Covenants recorded in Book 588 at Page 241. UUGU12 '198402 "" -1/28/ 1996 10: _5A PG 1 0'' = REC SILVIA DAVIS PI'PKIN COUNTY CLERK 8 RECORDEPM' 11.00 WARRANTY DEED w- t.. - DOC I� f!OT 8G. 50 THIS DEED, made this /,r day of oe i u acx 1996, between Glenn E. Patch, as Trustee of the Glenn E. Patch Trust u/a/d January 9, 1993, whose address i c/o Patch Communications, 5211 South Washington, Titusville, FL 32780, ( "Grantor ") and David"Schwarz, whose address is 1133 Connecticut Avenue N.W., Washington, DC 20036 ( "Grantee "): WITNESSETH, That Grantor, for and in consideration of the sum of Ten and no /100 Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto Grantee, his heirs, successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Pitkin, State of Colorado, described as follows: Lot 1, COZY POINT RIDGE SUBDIVISION, according to the plat thereof recorded March 21, 1989 in Plat Book 22 at Page 26 of the Pitkin County real property records, COUNTY OF PITKIN STATE OF COLORADO TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits p(fi thereof, and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or �0 equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. U TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto Grantee, his heirs, successors and assigns forever. And Grantor, for itself, its successors and assigns, does covenant, grant, bargain, and agree to and with Grantee, his heirs, successors CL and assigns forever, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature, except: The lien for general real property taxes for 1996, due and payable in 1997; and, Subject to: reservation and right of way for ditches or canals constructed by the authority of the United States, as reserved in Patent recorded in Book 162 at Page 347; right of the proprietor of a vein or lode to extract or remove his ore therefrom, as reserved in United States Patents recorded in Book 55 at Page 243 and in Book 55 at Page 501; an undivided 1/2 of all minerals in a portion of the subject property reserved in instrument recorded in Book 188 at Page 390, as modified by instrument recorded in Book 217 at Page 352; one - eighth oil royalty in a portion of the subject property as reserved in Deed recorded in Book 166 at Page 576; terms, conditions, provisions and obligations as set forth in Mutual Easement Agreement recorded in Book 602 at Page 78; easements, rights of way and all matters as disclosed on Plat of subject property recorded in Plat Book 22 at Page 26; terms, conditions, obligations, agreements, provisions as set forth in Cozy Point Ridge Low Impact Subdivision Improvements Agreement, recorded in Book 588 at Page 229; terms, conditions, provisions, obligations and all matters as set forth in Agreement recorded in Book 588 at Page 236; terms, conditions, provisions, obligations, easement, restrictions, assessments and all matters as set forth in Protective Covenants recorded in Book 588 at Page 241; terms, conditions, provisions, obligation as set forth in the Articles of Incorporation recorded in Book 588 at Page 319; terms, conditions, provisions and obligations as set forth in License Agreement recorded in Book 592 at Page 21; terms, JiU, i3 s; r s r. r. .z. n J N fr c n c c r� n CD c conditions, provisions, obligations and all matters as set forth in Easement Agreement recorded in Book 602 at Page 82; easement and right of way for an electric transmission or distribution line as granted in instrument recorded in Book 610 at Page 94, all as recorded in the Pitkin County real property records. Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of Grantee, his heirs, successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, Grantor has executed this deed on the date set forth above. Glenn E. atch ust u/a/d Ja , 1993 By: G enn E. Patch, Trustee STATE OF FLORIDA ) ) ss. COUNTY OF 6 r e vtuci ) pc +oDZ-e The foregoing Warranty Deed was acknowledged before me this L) .1h day of- Septetxber, 1996, by Glenn E. Patch, as Trustee of the Glenn E. Patch Trust u/a/d January 9, 1993. 3984O2 WITNESS my hand and official seal. My commission expires: .,M;' q, SHERRY SWIM • ' MY COMMISSM 1' CC4815 WiREs ; 5 OcWber r, 1999 ,?t -•,••. BRrpED1aPo11gW ia1NIHSL'PPrw[ xL 10/28/1996 10:25A FAG 2 Illli�:'tl L� OF 2 • ryuby. J = !•- �r'I} Notary Public 10/28/1996 10:25A FAG 2 Illli�:'tl L� OF 2 3984N4 Tr-�.isfei-, Declaration Received '�8/199E• WARRANTY DEED m r "r r m THIS DEED, made this 24th day of October, 1996, between Burrell Patch, whose address is 355 J Carpenter Drive, Hollister, MO 65672 ( "Grantor ") and Architectural Objects, Inc, a Delaware corporation, D r whose address is c/o David Schwarz, 1133 Connecticut Avenue N.W., Washington, DC 20036 O ( "Grantee "): D WITNESSETH, That Grantor, for and in consideration of the sum of Ten and no /100 Dollars m ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto Grantee, his heirs, successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Pitkin, State of Colorado, described as follows: As described on Exhibit A attached hereto and by this reference incorporated herein z z � COUNTY OF PITKIN n m STATE OF COLORADO c , z TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in 7 anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits n .- thereof, and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or r m equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. ru T T TO HAVE AND TO HOLD the said premises above bargained and described, with the D appurtenances, unto Grantee, his heirs, successors and assigns forever. And Grantor, for himself, his heirs, n m � successors and assigns, does covenant, grant, bargain, and agree to and with Grantee, his heirs, successors .- and assigns forever, that at the time of the ensealing and delivery of these presents, he is well seized of O ffU the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in o O law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey M 0 _ the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature, r except: A The lien for general real property taxes for V 76, due and payable in 1997; and, Subject n to: reservation and right of way for ditches of canals constructed by the authority of the s United States, as reserved in Patent recorded in Book 162 at Page 347; right of the proprietor of a vein or lode to extract or remove his ore therefrom, as reserved in United States Patents recorded in Book 55 at Page 243 and in Book 55 at Page 501; an undivided r" o %x of all minerals in a portion of the subject property reserved in instrument recorded in �� n Book 188 at Page 390, as modified by instrument recorded in Book 217 at Page 352; one - S eighth oil royalty in a portion of the subject property as reserved in Deed recorded in Book 166 at Page 576; terms, conditions, provisions and obligations as set forth in Mutual Easement Agreement recorded in Book 602 at Page 78, all as recorded in the Pitkin `o County real property records. Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of Grantee, his heirs, successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, Grantor has executed this deed on the date sett forth above. L�c -r.0 �>° (2— Burrell Patch STATE OF MISSOURI ) ss. COUNTY OF TANEY ) The foregoing Warranty Deed was acknowledged before me this :5iy f� '' day of October, 1996, by Burrell Patch. WITNESS my hand and official seal. My commissiorfexpires: l "I S'99 a. `c C1iJLJiS w & Notary Public ^ EXHIBIT A A parcel of land situated in Section 20, Township 9 South, Range 85 West of the 6th P.M., Pitkin County, Colorado, being Southwesterly of the fathering parcel of the Cozy Point Ridge Subdivision adjacent to Lot 1, Cozy Point Ridge Subdivision, described as follows: BEGINNING at a point on the North line of the South 1/2 of the Southwest 1/4 of Section 20, Township 9 South, Range 85 West of the 6th P.M., whence the Southwest Corner of Section 20 (1913 Glo Brass CaD) bears North 89 058153" West 1,066.89 feet and South 00 004108" West 1,320.09 feet; Thence along this Westerly line of Lot 1, Cozy Point Ridge Subdivision as follows: North 46 033125" East 1,118.61 feet; North OS 025121" East 383.31 feet; North 66 052'48" West 201.25 feet; North 40 000'00" West 485.00 feet; Thence South 89 °09'15" West 1,418.42 feet more or less to the Westerly line of Section 20; Thence South 00 000132" West 259.82 feet along the Westerly line of Section 20 to the West 1/4 Corner (1913 Glo Brass Cap) ; Thence South 00 004108" West 1,320.09 feet along the Westerly line of Section 20 to the Northwest Corner of the South 1/2 of the Southwest 1/4 of Section 20; Thence South 89 °58153" East 1,066.69 feet along the North line of the South 1/2 of the Southwest 1/4 of Section 20 to the Point of BeainnincT . _ UUO�i6 ASPEN /PITKIN PLANNING OFFICE Agreement for Payment of Pitkin County Development Application Tees Pitkin County (hereinafter COUNTY) and /h. S�NG•/�'�'� (hereinafter APPLICANT) AGREE AS FOLLOWS: APPLICANT has submitted to COUNTY an application for (I/.45 /�G/�lT/hCi�T - Co$1 i°��✓7'��e,E�G�T , , THE PROJECT). 2. APPLICANT understands and agrees that Board of County Commissioners Resolution No. 91 -08 and Ordinance No. 92 -1 established a fee structure for Planning Office applications (including consultant costs) as part of the application fee charged for THE PROJECT 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 impossible to ascertain the full extent of the costs involved in processing the application upon initiation of case processing. APPLICANT and COUNTY further agree that it is in the interest of the parties to permit payment of an initial deposit and to permit additional costs to be billed on a monthly basis. APPLICANT agrees he will be benefited by retaining- greater cash liquidity and will make additional payments upon notification by the County when they are necessary as costs are incurred. 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. ouciiI 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 $ Uf, , OU which is for -' hours of Planning Office 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. PITKIN COUN'T'Y By: Suzanne Konchan County Planning Director For Planning Office Use Case Number Case Deposit or Flat Fee Amount: APPLICANT � la h� t p�fi/n/ G✓orerfiY�° �' pff ✓ib JGf/Gtdl.''Z` Byy Date: /---? Referral Fees: Engineer: Housing: Environmental Health:_ 2 0UC'J B 074 15 - Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5090 a t.� -C.I -aaI City Land Use Application Fees: 00113. 63850-041 Deposit - 63855-042 Flat Fee 63860-043 HPC -63885 -268 Public Right -of -Way -63875 -046 Zoning & Sign Permit -MROI I Use Tax 10000-67100 -383 Park Dedication -- 1500063050 -480 AHCommercial 15000.63065482 AH Residential _ -- 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 County Engineer �50 00115 -63340 -163 City Engineer r(jP7 62023- 63340 -190 Housing 00125 -63340.205 Environmental Health 00113 -63815 -036 CounN, Clerk -- 00113 -63812 -212 WildlifeOfiicer - -- Sales: 00113 -638 - -30-039 County Code - 69000 -145 Copy Fees -- — Other _ 0000.19 Total c Ono w) Name: �`jIQ y) � (� t k`26 -"? 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