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HomeMy WebLinkAboutpitkin.planning.273717308001 (2)DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and /or P &Z Ordinance for the BOCC and /or P &Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) RECEPTION #: 588846, 05/0812012 at 10:38:28 AM, 1 OF 2, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DETERMINATION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, APPROVING THE SPAROVIC LOT 1A (RIVER SANCTUARY LLC) SUBDIVISION EXEMPTION FOR A MINOR PLAT AMENDMENT Administrative Determination No. g3 RECITALS 1. River Sanctuary LLC (hereafter, "Applicant ") has applied to the Community Development Director of Pitkin County, Colorado, for a Subdivision Exemption for a Minor Plat Amendment to revise an existing originally platted trail easement and to dedicate a new public river access easement. 2. The lot is located at 42520 Highway 82 and is more specifically described as Lot IA Sparovic Subdivision. PID #2737- 173 -08 -001. 3. The subject property was created by the Sparovic Lot Split, recorded in Plat Book 13 at Page 78. The plat shows a dedication of a 15'wide trail easement along the south bank of the Roaring Fork River. The trail was constructed outside the dedicated easement. This amendment will vacate the originally platted easement and dedicate a new public trail easement in the location of the East of Aspen Trail as constructed. Anew public river access easement is also added with this amendment. 4. The Director finds that the request is consistent with the applicable requirements of Sec. 2-30 - 20(g)(5) of the Land Use Code: the amendment does not affect the degree of compliance with the standards of the LUC; the amendment is being made to a recorded plat approved by Pitkin County; the amendment is consistent with representations made during subdivision reviews. THE DIRECTOR DOES HEREBY APPROVE the Sparovik Lot IA (River Sanctuary) Subdivision Exemption for a Lot Line Adjustment request subject to the following conditions: 1. Applicants shall adhere to all material representations made in the application 2. Within 90 days of this approval and prior to submission of any future building permits, the Applicants shall be required to submit for approval by the County Attorney and the Community Development Director for review and recordation, a Subdivision Exemption Plat consistent with the requirements of the Land Use Application Manual as outlined in Section 2.1.13. The above referenced approval shall be a condition precedent to finalization and recordation of the plat. The Mylar copy of the plat must be signed by the owners, mortgagees, and lien holders prior to submittal for recording. 3. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to the property. APPROVED by the Director, this J day of 2012. Cindy Houben, Community Development Director P040 -12 PID 4273717308001 lancec /cases /river sanctuary minor plat amend for trail.doc Administrative Determination No. 0274 — Page 2 of 2 April 13, 2012 M. Lance Clarke, Deputy Director Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: SPAROVIC LOT 1A SUBDIVISION MINOR PLAT AMENDMENT Deal-Lance, This letter constitutes an application for a minor plat amendment to revise the trail easement that was previously dedicated to Pitkin County across Lot 1A of the Sparovic Subdivision. The parcel is located to the west of State Highway 82, east of Aspen. The parcel (Parcel ID Number 273717308001) is 5.141 acres in size. The Sparovic Subdivision was established pursuant to a subdivision plat recorded in Plat Book 4 at Page 463 of the Pitkin County Records (Reception No. 280438). A subsequent Sparovic Lot Split was recorded in Plat Book 13 at Page 78, creating the subject property Lot 1A. Both of the aforementioned plats acknowledge to dedication of a 15 ft wide pedestrian and equestrian trail easement along the south bank of the Roaring Fork River. The easement was located in anticipation of a trail that was to be established by the County at a later date. The East of Aspen Trail was established in 1994. However, the actual trail was constructed outside of the dedicated easement. Therefore, one purpose of this application is to vacate the originally platted pedestrian and equestrian trail easement and to dedicate a new public trail easement in the location of the East of Aspen trail as constructed as shown on the amended plat. The Sparovic subdivision includes two other residential lots. The trail easement discussed in this application has already been amended for both of those lots. The amended trail easement for Lot 1 B is recorded on the First Amended Plat for Sparovic Lot 1B at Plat Book 89 Page 91, and the agreement is recorded at Reception No. 585026. An amended trail easement for Lot 2 is recorded at Reception No. 376415 and a plat reflecting that trail easement location is forthcoming. ©f P Z Q Sparovic Lot to Minor Plat Amendment Since the trail as constructed is not immediately adjacent to the River, a second purpose of this application is to dedicate a public river access easement, shown on the amended plat. The public river access easement allows continued use of an established "take -out' area for the Roaring Fork River, enabling trail users to access the river from the trail, and river crafts to exit the river and access the East of Aspen Trail without trespassing. The current owner of the Sparovic Lot 1A is River Sanctuary LLC. Proof of their ownership is provided by Exhibit #1. River Sanctuary LLC concurs in this application and has therefore provided a letter (see Exhibit E) authorizing Pitkin County Open Space and Trails ( "the applicant') to submit this application vacating and re- aligning the trail easements. The applicant held a pre - application conference with you prior to the submission of this application. The Pre - Application Conference Summary you issued (see Exhibit F) lists the following review procedure that is applicable to this proposal: Minor Plat Amendment (Sec. 2- 30- 20.g.5). The following section of this application identifies the provisions of the Land Use Code applicable to this procedure and provides responses to the applicable County standards. Standards for Review of Minor Plat Amendment Section 2 -30 -20 (g) (5) of the Land Use Code authorizes the County to grant minor plat amendments. To be eligible for this amendment, the applicant must demonstrate that the amended plat complies with one of the following two standards: (a) It is necessary to correct an inadvertent surveying error to a recorded plat that has been approved by Pitkin County, where the error was not intended to circumvent the provisions of the Land Use Code; the correction increases or does not substantially affect the degree of compliance with the standards of the Land Use Code; and the revised final plat will comply with the final plat standards of the Pitkin County Land Use Application Manual; or (b) The amendment increases or does not affect the degree of compliance with the standards of this Land Use Code; and the amendment is being made to a recorded plat that has been approved by Pitkin County; and the amendment is consistent with representations made during the conceptual and detailed subdivision reviews, whichever is applicable. Response: The proposed amended plat complies with standard (b) above. The amended plat has been drawn to comply with the standards of the Land Use Code. The plat which it is amending was approved by the County. The amendment is consistent 000002 Sparovic Lot 1A Minor Plat Amendment with the prior representations because the re- aligned trail easement accommodates the trail that was actually built, for the use intended by the original plat. The newly dedicated public river access easement ensures that the public can traverse the area between the trail and the river, thereby completing the public purpose of the original trail easement. Conclusion The above responses and the attached documents provide the information you need to process this application. If there is anything else you require, please do not hesitate to contact us. Respectfully, PITKIN COUNTY OPEN SPACE AND TRAILS Barb D'Autrechy 000,103 Sparovic Lot 1A Minor Plat Amendment Exhibit A Proof of Ownership Special Warranty Deed Recorded at Reception No. 582991 on 9/23/2011 Sparovic Lot 1A Minor Plat Amendment lJ0 0'J J- 41 RECEPTION #: 582991, 09/23/2011 at 12:22:18 PM, 1 OF 2, R $16.00 DF $710.00 Janice K. Vos Caudill, Pitkin County, CO Cc� hlo °o RECORDING REQUESTED BY AND WHEN RECORDED PLEASE, RETURN TO. Millard J. Zimet, Esq. Millard J. Zinret, P.C. 604 W. Main Street Aspen, CO 81611 SPECIAL WARRANTY DEED LINDA S. CHANEY ( "Grantor "), whose address is P.O. Box 2359. Glemvood Springs, CO 81602, for and in consideration of Ten Dollars (S10.00) and other good and valuable consideration in hand paid, hereby conveys to RIVER SANCTUARY LLC, a Colorado limited liability company ( "Grantee "). whose address is c/o Millard J. Zimet. P.0 . 604 West Main Street, Aspen. CO 81611. the follmiing real property in the County of Pitkin, Slate of Colorado LOT 1 -A, SPAROVIC LOT SPLIT, according to the Plat thereof recorded August 24, 1982 to Plat Book 13 at Page 78 mCommonly known as: 42520 Highway 82, Aspen, Colorado 81611: f� with all its appurtenances and warrants title against all persons claiming under Grantor. SUBJECT TO AND EXCEPTING: 1 Taxes for the }'ear 2011 due and payable in 2012 and all subsequent years not yet due or payable; and 2. Those matters on Exhibit "A'• attached hereto. Signed this 23id day of September 2011. GRANTOR: Linda Chanev� STATE 0FC0_1(a A� ) )ss. COUNTY OF7: � 1-x ) Y13 The foregoing Instrument was acknowledged before me this 'day of September 2011 by Linda S. Chaney. WIT NESS my hand and official seal. dO My commission expires. —�� —L� dYy'•..- •- yo,':�i AA4: ,q 0: Notary Pubfi �l �o., Z; �•'S -F tnQ,L� U tJ 0. - J 0 5 Sparovic Lot 1A Minor Plat Amendment RECEPTION #: 582991, 09/23/2011 at 12:22:16 PM, 2 OF 2, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT "A" 1. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and right of Way for ditches or canals constructed bN the authority of the United States as reserved in United States Patents recorded December 14. 1911 in Book 55 at Page 196 and October 14, 1920 in Book 55 at Page 561. 2 Teens, conditions. provisions and obligations as set forth in Easement recorded August 9. 1973 in Book 278 at Page 793. 3. Easements, rights of way. teens, conditions and all matters as disclosed on Plat of Sparovic Subdivision property recorded January 28, 1974 in Plat Book 4 at Page 463. 4. Easements, rights of \say and all matters as disclosed on Plat of Sparovic Lot Split recorded 98 August 24, 13 in Plat Book 13 at Page 78. S. Terms, conditions, provisions. obligations and all matters as set forth in Resolution of the the Board of County Commissioners of Pitkin Count Colorado recorded February 5. 1982 in Book 421 at Page 613 as Resolution No 82 - 6. 6. Terms, conditions, provisions-, obligations and all matters as set forth in Resolution of the the Board of County Commissioners of Pitkin County, Colorado recorded September 14, 1982 in Book 432 at Page 727 as Resolution No. 82 - 104. 7. Terms, conditions, prov isions and obligations as set forth to Statement of Variance and Deed Restriction recorded May 9, 1988 in Book 563 at Page 533. 8. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the the Pitkin County Planning and Zoning Commission recorded June 4, 1993 in Book 714 at Page 140 as Resolution No. 87 - 20. 9. Terms, conditions, provisions and obligations as set forth in Administrative Determination of the Pitkin County, Colorado, Community Development Director No I6 -2011 recorded 'March 24, 2011 as Reception No. 578605. 10. Right of Way for overhead power lines as shown on Improvement Survey Plat prepared by Tuttle Surveying Services dated 08/10/2011. Sparovic Lot 1A Minor Plat Amendment U�U`;lJb Exhibit B Summary of Previous Land Use Approvals 1. Sparovic Subdivision Plat: Recorded at Plat Book 4 Page 463 on 1/28/1974 2. Sparovic -Smith Subdivision Exemption Plat: recorded at Plat Book 7 Page 16 on 10/5/1978 3. Sparovic Lot Split Subdivision Plat: Recorded in Plat Book 13 Page 78 on 8/24/1982 NOTE: This Plat created the subject property, and is attached hereto for reference. 4. BOCC Resolution 82 -104 Granting Final Approval of the Sparovic Subdivision: Recorded in Book 432 Page 727 on 9/14/1982 5. Sparovic Lot 1 -A 1041 Review: Recorded in Plat Book 19 Page 100 on 8/20/1987 6. P &Z Resolution 1987 -20 Granting Scenic Foreground Overlay Special Review for Sparovic /Chaney Remodel and Addition: Recorded at Reception No. 357533 on 6/4/1993 7. Administrative Decision 16 -2011 Chaney Activity Envelope: Recorded at Reception No. 578605 on 3/24/2011 8. River Sanctuary LLC Activity Envelope Plat: Recorded in Plat Book 99 Page 32 on 2/24/2012 Sparovic Lot 1A Minor Plat Amendment GU00v7 v y 9� a 4 i y INN ,R F ➢£ !p :: {pg�� �€ �'� € gg€� zFf „raai °;.;..,•n� € "RF �:'e "a y c El; O� �*'� ,yF� 'p- Yab�¢8 €a�j5gs'3 3 14 3 i kx" 4 sus; as @pr fie; c.xpEx9t,. €,, V a ea -a Fa d A a" ^15IPIF.�FxerF?e �P uUo A?& i3 I [fi �x fm e� Exhibit C Legal Description Lot 1 -A of the Sparovic Lot Split according to the Plat thereof recorded on August 24, 1982 in Plat Book 13 Page 78 Vicinity Map Please refer to attached draft of the First Amended Plat Sparovic Lot 1A Minor Plat Amendment UUOO 19 Exhibit D Signed Fee Agreement Sparovic Lot 1A Minor Plat Amendment UUM 0 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and Pitkin County Open Space and Trails (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for Minor Plat Amendment (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30 -2009 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. 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 Boarc 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. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver cf its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ 961 which is based on 3 hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20 %, then the COUNTY wil bill the APPLICANT quarterly for the additional time spent. 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 COUNTY APPLICANT Cindy Houben Community Development Director Effective 1/26/10 Pitkin County Open Space and Trails Print Name "k ' Signature �. Date: Mailing Address 530 East Main Street Aspen, CO 81611 Sparovic Lot 1A Minor Plat Amendment I;Uc,�z� Exhibit E Consent From Owner Mr. Lance Clarke, Deputy Director Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: SPAROVIC LOT lA SUBDIVISION MINOR PLAT AMENDMENT Dear Lance, River Sanctuary LLC is the owner of Sparovic Lot JA located along State Highway 82. We hereby authorize Pitkin County open Space to submit an application for a minor plat amendment to vacate a trail easement and dedicate a new trail easement that traverses the parcel and to dedicate a public river access easement across the parcel. Should you have any need to contact us during the course of your review of this application, please feel free to call on me. Sincerely, RIVER SANCTUARY LLC, a Colorado Limited Liability Company Manager Sparovic Lot 1A Minor Plat Amendment Exhibit F Pre - Application Conference Memo Sparovic Lot 1A Minor Plat Amendment Liu LjA PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Lance Clarke PHONE: 970 - 920 -5452 E -MAIL: lancet co.pitkinxo.us LOCATION: 42520 Highway 82 (east) Lot IA, Sparovic Subdivision REPRESENTATIVE:TBD APPLICANTS /OWNERS: River Sanctuary LLC (FKA Chaney) Pitkin County OST DATE: 1/26/12 ZONE: R- 15 /AR -2 PARCEL ID #: 273717308001 PHONE: 429 -2796 (Barb, OST) E -MAIL: Barb. DAutrechy @cc.pitkin.co.us Type of Application: Subdivision Exemption for a Minor Plat Amendment. Description of Project/Development: Applicants propose to vacate and reestablish a trail easement. Pitkin County Land Use Code: • Sec. 2 -30 -20 (g) (5): Minor Plat Amendment Review By: Community Development Director. Public Hearing: NO. Staff Will Refer Application To: Zoning FEES: $961.00 (make check payable to "Pitkin County Treasurer ") Planning Office flat fee: $936; Web Tech fee: $25 (non - refundable; based on 3 hours of staff time; if staff review time exceeds 4 hours, the Applicant will be charged for additional time above 3 hours at a rate of $312/hoL r) To apply, submit the Fee specified above and 2 conies of each of the following documents, unless otherwise noted: 1. Summary letter explaining the request and addressing compliance with the Code sections listed above; 2. 24" by 36" draft Subdivision Exemption Plat as designated in Section 2.1.13 of the Pitkin County Land Use Application Manual; 3. Proof of ownership of subject properties; 4. Summary of previous land use approvals; 5. Parcel descriptions, including legal description and vicinity map; 6. Total fee for review of the application; 7. Signed fee agreement (1 copy); 8. Consent from owner(s) to process application and authorizing the representative, if applicable (1 copy); 9. Copy of this preapp form (1 copy) NOTES: "i 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). PARCEL ID MUST APPEAR ONALL DOCUMENTS INCLUDED IN YOUR APPLICATION. The Pitkin County Land Use Code is available on -line at iimv aspenpitkin. con?. This Pre- Application Conference Summary Sheet is advisory in nature and not binding on the County. The information provided in this Summary Sheet is based on current zoning standards and the staffs interpretations based upon representations of the applicant. Additional information may be required upon a complete review of toe application: and site visit(s). Sparovic Lot 1A Minor Plat Amendment uu1JU14 April 13, 2012 M. Lance Clarke, Deputy Director Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: SPAROVIC LOT 1A SUBDIVISION MINOR PLAT AMENDMENT Dear Lance, This letter constitutes an application for a minor plat amendment to revise the trail easement that was previously dedicated to Pitkin County across Lot 1A of the Sparovic Subdivision. The parcel is located to the west of State Highway 82, east of Aspen. The parcel (Parcel ID Number 273717308001) is 5.141 acres in size. The Sparovic Subdivision was established pursuant to a subdivision plat recorded in Plat Book 4 at Page 463 of the Pitkin County Records (Reception No. 280438). A subsequent Sparovic Lot Split was recorded in Plat Book 13 at Page 78, creating the subject property Lot 1A. Both of the aforementioned plats acknowledge to dedication of a 15 ft wide pedestrian and equestrian trail easement along the south bank of the Roaring Fork River. The easement was located in anticipation of a trail that was to be established by the County at a later date. The East of Aspen Trail was established in 1994. However, the actual trail was constructed outside of the dedicated easement. Therefore, one! purpose of this application is to vacate the originally platted pedestrian and equestrian trail easement and to dedicate a new public trail easement in the location of the East of Aspen trail as constructed as shown on the amended plat. The Sparovic subdivision includes two other residential lots. The trail easement discussed in this application has already been amended for both of those kits. The amended trail easement for Lot 1 B is recorded on the First Amended Plat for Sparovic Lot 1B at Plat Book 89 Page 91, and the agreement is recorded at Reception No. 585026. An amended trail easement for Lot 2 is recorded at Reception No. 376415 and a plat reflecting that trail easement location is forthcoming. uUoU15 Sparovic Lot 1A Minor Plat Amendment Since the trail as constructed is not immediately adjacent to the River, a second purpose of this application is to dedicate a public river access easement, shown on the amended plat. The public river access easement allows continued use of an established "take -out' area for the Roaring Fork River, enabling trail users to access the river from the: trail, and river crafts to exit the river and access the East of Aspen Trail without trespassing. The current owner of the Sparovic Lot 1A is River Sanctuary LLC. Proof of their ownership is provided by Exhibit #1. River Sanctuary LLC concurs in this application and has therefore provided a letter (see Exhibit E) authorizing Pitkin County Open Space and Trails ( "the applicant') to submit this application vacating and re- aligning the trail easements. The applicant held a pre - application conference with you prior to the submission of this application. The Pre - Application Conference Summary you issued (see Exhibit F) lists the following review procedure that is applicable to this proposal: Minor Plat Amendment (Sec. 2- 30- 20.g.5). The following section of this application identifies the provisions of the Land Use Code applicable to this procedure and provides responses to the applicable County standards. Standards for Review of Minor Plat Amendment Section 2 -30 -20 (g) (5) of the Land Use Code authorizes the County to grant minor plat amendments. To be eligible for this amendment, the applicant must demonstrate that the amended plat complies with one of the following two standards: (a) It is necessary to correct an inadvertent surveying error to a recorded plat that has been approved by Pitkin County, where the error was not intended to circumvent the provisions of the Land Use Code; the correction increases or does not substantially affect the degree of compliance with the standards of the I -and Use Code; and the revised final plat will comply with the final plat standards of the Pitkin County Land Use Application Manual; or (b) The amendment increases or does not affect the degree of compliance with the standards of this Land Use Code; and the amendment is being made to a recorded plat that has been approved by Pitkin County; and the amendment is consistent with representations made during the conceptual and detailed subdivision reviews, whichever is applicable. Response: The proposed amended plat complies with standard (b) above. The amended plat has been drawn to comply with the standards of the Land Use Code. The plat which it is amending was approved by the County. The amendment is consistent Sparovic Lot 1A Minor Plat Amendment with the prior representations because the re- aligned trail easement accommodates the trail that was actually built, for the use intended by the original plat. The newly dedicated public river access easement ensures that the public can traverse the area between the trail and the river, thereby completing the public purpose of the original trail easelment. Conclusion The above responses and the attached documents provide the information yeu need to process this application. If there is anything else you require, please do not hesitate to contact us. Respectfully, PITKIN COUNTY OPEN SPACE AND TRAILS v Barb D'Autrechy 60 0 j 17 Sparovic Lot 1A Minor Plat Amendment Exhibit A Proof of Ownership Special Warranty Deed Recorded at Reception No. 582991 on 9/23/2011 C 3 o Sparovic Lot 1A Minor Plat Amendment i)�J �1G RECEPTION #: 562991, 09/23/2011 at 12:22:18 PM, 1 OF 2, R $16.00 DF $710.00 Janice K. Vos Caudill, Pitkin County, CO C -f %1000 RECORDING REQUESTED BY AND WHEN RECORDED PLEASE RETURN TO: Millard J. Zimet Esq. Millard J. Zimet, P.C. 604 W. Main Street Aspen. CO 81611 SPECIAL WARRANTY DEED LINDA S. CHANEY ( "Grantor "), whose address is P.O. Box 2359. Glenwood Springs, CO 81602, for and in consideration of Ten Dollars (510.00) and other good and valuable consideration in hand paid, hereby conveys to RIVER SANCTUARY LLC, a Colorado limited liability companl ( "Grantee "). «hose address is c/o Millard J. Zimet. P.C. 60.1 West Mail Street, Aspen. CO 81611. the following real property in the County of Pitkin. State of Colorado LOT 1 -A, SPAROVIC LOT SPLIT, according to the Plat thereof recorded August 24, 1982 in Plat Book 13 at Page 7S. mCommonly known as: 42520 Highway 82, Aspen, Colorado 81611; with all its appurtenances and warrants title against all persons claiming under Grantor. SUBJECT TO AND EXCEPTING: 1. Taxes for the � ear 2011 due and payable in 2012 and all subsequent years not yet due or payable; and 2. Those matters on Exhibit "A" attached hereto. Signed this 23'" day of September 2011. GRANTOR: r Lin a V Chaney STATE OFCo�°rctrAD ) )ss. COUNTY OF�I Yx ) Yj The foregoing Instrument was acknowledged before me this � day of September 2011 by Linda S. Chaney. WITNESS my hand and official seal. joy My commission expires: 11 1Iu I dtiy�'• -� ••`r p,'•,1 �: r4 t S •� Notary Publi o.. U u i �r Sparovic Lot 1A Minor Plat Amendment RECEPTION #: 582991, 09/23/2011 at 12:22:18 PM, 2 OF 2, Janice K. Vos Caudill, Pitkin County, CO EXHIBI f "A" 1. Right of the proprietor of a vein or lode to extract and remos c his ore therefrom, should be same be found to penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed bN the authority of the United States as reserved in United States Patents recorded December 14. 1911 in Book 55 at Page 196 and October 14, 1920 in Book 55 at Page W. 2. Terms, conditions, provisions and obligations as set forth in Easement recorded August Q. 1973 in Book 178 at Page 793. 3. Easements, rights of way. teens, conditions and all matters as disclosed on Plat of Sparovic Subdivision property recorded January 28, 1974 in Plat Bonk 4 at Page 463. 4. Easements. rights of tva\ and all matters as disclosed on Plat of Sparovic Lot Split recorded August 24. 1982 in Plat Book 13 at Page 78. 5. Terms. conditions, provisions, obligations and all matters as set forth in Resolution (iflhc the Board of County Commissioners of Pitkin County Colorado recorded February 5. 1982 in Book 421 at Page 613 as Resolution No. 82 - 6. 6. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the the Board of County Commissioners of Pitkin County, Colorado recorded September 14, 19E2 to Book 432 at Page 737 as Resolution No. 82 - 104 7. Terms, conditions, prov islons and obligations as set forth in Statement of Variance and Deed Restriction recorded May 9, 1988 in Book 563 at Page 533. 8. Terms, conditions. provisions, obligations and all matters as set forth in Resolution of the the Pitkin Count)' Planning and Zoning Commission recorded June 4, 1993 in Book 714 at Page 140 as Resolution No. 87 - 20. 9. Terms, conditions, provisions and obligations as set forth in Administrative Determination of the Pitkin County, Colorado, Community Development Director No. 16-2011 recorded March 24, 2011 as Reception No. 578605. 10. Right of Way for overhead power lines as shown on Improvement Survey Plat prepared by Tuttle Surveying Services dated 08/10/2011. U i J �� LI G Sparovic Lot 1A Minor Plat Amendment Exhibit B Summary of Previous Land Use Approvals 1. Sparovic Subdivision Plat: Recorded at Plat Book 4 Page 463 on 1/28/1974 2. Sparovic -Smith Subdivision Exemption Plat: recorded at Plat Book 7 Page 16 on 10/5/1978 3. Sparovic Lot Split Subdivision Plat: Recorded in Plat Book 13 Page 78 on 8/24/1982 NOTE: This Plat created the subject property, and is attached hereto for reference. 4. BOCC Resolution 82 -104 Granting Final Approval of the Sparovic Subdivision: Recorded in Book 432 Page 727 on 9/14/1982 5. Sparovic Lot 1 -A 1041 Review: Recorded in Plat Book 19 Page 100 on 8120/1987 6. P &Z Resolution 1987 -20 Granting Scenic Foreground Overlay Special Review for Sparovic /Chaney Remodel and Addition: Recorded at Reception No. 357533 on 6/4/1993 7. Administrative Decision 16 -2011 Chaney Activity Envelope: Recorded at Reception No. 578605 on 3/24/2011 8. River Sanctuary LLC Activity Envelope Plat: Recorded in Plat Book 99 Page 32 on 2/24/2012 Sparovic Lot 1A Minor Plat Amendment jId J2 1 - f o A i �C ya " ya F oeM1# 4" „3 21 ° ^`E ax4 3 alv sT�gat =.' GQBeyt qq� F. °cdae9' ao-pl�sv dpt h� 9pgE e d a o �i �BdEa_svvMF =ta �e�yratR:� pv; ;'- b�F F eB AiM it $§ /vt P.1 f i - -- - = = = - -- Y a r� C� Exhibit C Legal Description Lot 1 -A of the Sparovic Lot Split according to the Plat thereof recorded on August 24, 1982 in Plat Book 13 Page 78 Vicinity Map Please refer to attached draft of the First Amended Plat Sparovic Lot 1A Minor Plat Amendment ULJ i,1L3 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 April 17, 2012 Barb D'Autrechy 530 East Main Street Aspen, CO 81611 Re: River Sanctuary LLC Subdivision Exemption for a Minor Plat Amendment (CASE P040 -12; PID 2737 - 173 -08 -001) Dear Ms. D'Autrechy: 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 Lance Clarke, the planner assigned to your case, at 920 -5452. Sincerely, Bonnie Waechtler Administrative Assistant PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 MEMORANDUM To: Pitkin County Zoning FROM: Lance Clarke, Community Development Department Lance.clarkenco.pitkin.co.us Re: River Sanctuary LLC Subdivision Exemption for a Minor Plat Amendment (PID 2737 - 173 -08 -001; Case P040 -12) DATE: April 17, 2012 Attached for your review and comments are materials for an application submitted by River Sanctuary LLC. The Pitkin County Community Development Director will review the application. Please return your comments to me by Friday, May 11, 2012. http: / /www.aspenpitkin.com/ Portals /0 /docs /county /Com %20Dey /Planning /Land Use Ap plications /P040 12 app.pdf If you require a paper copy of this application contact Bonnie Waechtler at bonnie .waechtlernco.pitkin.co.us or 920 -5109. Thank you. m { N m 0 d 0 D m 10� 2 T_ D r { m D N O A m T L O A z r z A { O (n O O z c O m r 0 m O m I D r m n m N n A O A m W O w N'. A v m' A m 0 fn Tr N A 7 N a 0 c m W n m A O y m m 0 v D A A O m 0 N O_ N A O c v ;01;01 m O O -► C O O i 2 i N 00 O -• o � °m D O N 0) y n n CD C O O O A Oco O Z O O O O O O O C) a) 00 O W W N O W -N n O N 00 -i o fD v CD O 3. O 7 � (D CO Z1 Q O <• --I = 0) O — n (D Cl) C N D) n CD —. C CD D) O m D) O 0 ZI �• c d C o- p ° Z O O a) i O O n N W CA O) O O O O T_ D r { m D N O A m T L O A z r z A { O (n O O z c O m r 0 m O m I D r m n m N n A O A m W O w N'. A v m' A m 0 fn Tr N A 7 N a 0 c m W n m A O y m m 0 v D A A O m 0 N O_ N A O c v Barb D' Autrechy From: Barb D' Autrechy Sent: Tuesday, April 10, 2012 2:12 PM To: Susan Atwood Cc: Fran Soroka Subject: RE: coding OK — looks like I got what I need to move forward with this application. So, could you please code the JE to 118.56.00000.82008. Thanks! Barb D'AuVechy From: Susan Atwood Sent: Monday, April 09, 2012 12:28 PM To: Barb D' Autrechy Subject: coding Weren't you going to get me the coding for the permit? Susan Atwood Pitkin County Finance 530 East Main Street, Suite 201 Aspen, CO 81611 (970) 920 5228 (970) 920 5230 Fax Susan.atwood C@co.pitkin.co.us Z . . ......... 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