HomeMy WebLinkAboutpitkin.planning.273501403010, 273501403013DOCUMENT LAYOUT
THIS ME MAX OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P &Z
Ordinance for the BOCC and/or P &Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat copies (11x1')
PARCEL I JI 35 -014 -03-010273 DATERCVD: 1/5/1989 #COPIES:
CASE NAMEJ Musser Subdivision Exemption Lot Line Adjustment Plenners
PROJ ADDR: 225 Magnifico Rd 62 Cottonwood Cir Lots 8 & 9 Elk 2 Pitkin Green
OWNJAPP: Musse RRobenTrust ADRr — C /S /Z. PHN:
:kEP:l ADRr - -- - -_ C /S/Z:,F-- PHN,
Email Addr I ALLOCATED
FEES OUE:r FEES RCVD -r % OVER: 9
REF BYI DUE ::
DATE REV BODY PH NOTICED DATE OF FINAL ACTION: 3/28/1989
811989 BOCC iNo i BOCCReso: 89 -32 #310650
No
no vesting
CLOSED: BY:I
PLATRECORDED PLAT (BKPG): B22 P33 #310651
VRAPPROVALDATE:r .. VREXPIRES:�
CASE TYP: Lot Line Adjustment CASE TYP5:'
CASE- CASETYP6:
M' CASE TYPT CASE TYPT
CASETYP4:r D
-- - --- -- I
I ate Scanned:
File Location: �ff Box #229
BOCC Ord:
PZ r-
HRG OFF:
HO INDEX.
ADMIN:
ADMIN INDEX:
IN
�-4
CASELOAD SUMMARY SHEET _ Z ^�
Pitkin County
DATE RECEIVED: 1/5/89 PARCEL ID AND CASE NO.
DATE COMPLETE: 2735 - 014 -03 -010 & 013 02A -89
STAFF MEMBERS
PROJECT NAME: Musser Lot Line Adjustment
Project Address: Lots 8 & 9. Pitkin Green Subdivision
APPLICANT: Robert Musser Trust & Robert W. Musser & Marcie Musser
Applicant Address:
REPRESENTATIVE: Marty Pickett Law Offices of Gideon Kaufman
Representative Address /Phone: 315 E. Hvman Avenue, Suite 305
Aspen, CO 81611 5 -8166
PAID: YES NO AMOUNT: $775.00 NO. OF COPIES RECEIVED: 14
TYPE OF APPLICATION: 1 STEP: 2 STEP:
P &Z Meeting Date
PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
BOCC Meeting Date /` \(Al PUBLIC HEARING: YES NO ,
VESTED RIGHTS: YES NO
Staff Level: 1041 Minor Hazard Review: Date of Approval _
REk'Jp Attu
�/ /Attorney Aspen Consol S.D. School District
Engineer
Mtn. Bell _ Rocky Mtn Nat Gas
_y _
Housing
Holy Cross State Hwy Dept
_
Aspen Water —
Fire Marshall (Glwd) (GrJtn)
Envir. Hlth.
Snowmass Vill _ Zoning
Manager
FAA CO Geo. Survey
Div. Wildlife
Div. Water Res. USFS
Caucus
Other:
a&z INITIALS:
DATE REFERRED:
FINAL ROUTING:
DATE ROUTED: 7 a5 INITIAL: 0.rn
County Attorney
_ County Engineer Zoning
Housing
_ Envir. Health
other:
FILE STATUS AND LOCATION:
r cN-C V
11 X1590 F%E164
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO, GRANTING THE ROBERT MUSSER TRUST/
ROBERT & MARCIE MUSSER SUBDIVISION EXEMPTION/
LOT LINE ADJUSTMENT
Resolution No. 891L
WHEREAS, Robert & Marcie Musser and the Robert Musser Trust
(hereinafter "Applicants ") are the owners of real property in the
portion of Pitkin County known as Lots 8 & 9, Block 2, Pitkin
Green Subdivision, more specifically described in Exhibit "A";
FiiT:l
WHEREAS, the Applicants have proposed a lot line adjustment
pursuant to Section 4- 2.2(a)(2) of the Pitkin County Land Use
Code; and
WHEREAS, the Board of County Commissioners considered the
Applicants request at a regularly scheduled public meeting on
March 28, 1989; and
WHEREAS, the Board of County Commissioners found the
proposed Lot Line Adjustment to be consistent with the Pitkin
County Land Use Code criteria for a Lot Line Adjustment.
NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of
County Commissioners that it hereby grants a Subdivision
Exemption /Lot Line Adjustment to the Applicants pursuant to
Section 4- 2.2(a)(2) of the Pitkin County Land Use Code.
APPROVED by the Board of County Commissioners of Pitkin
County on March 28, 1989. o
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Resolution No. 89-
Page 2
ATT •ST:
anette Jo s,
puty Coudty Clerk
APPROVED AS TO FORM:
—Aeh� F C 'th
County Attorney
E LS
RESO_MUSSER_LLA
2
800X 590 FAGE165
BOARD OF COUNTY COMMISSIONERS
OF PITKIIN�COU�NTY, COLORADO
By 4 � e/ x tic
Colette Penne, Chairperson
APPWVED AS TO
Alan Richman,
Planning Director
east 590 pwJ66
Exhibit "A"
Musser Lot Line Adjustment
Lots 8 & 9, Block 2 Pitkin Green Subdivision
DESC[ PTRIDN OF .A.DJUSTEDD LOT 8
BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 8,
BLOCK 2, PITKIN GREEN SUBDIVISION, PITKIN COUNTY,
COLORADO; of
THENCE N 09012 00 E 94.52 FEET;
THENCE S 60°4000 "E 96- 70FEET ;
THENCE N 09° 12' 00 "E 96.70 FE ET
THENCE S 60 °40'00 °E 166.99 FEE -C;
THENCE S 000 22' 00 "W 118.62 FEET;
THENCE N 60 °2 6' 00 "W 62.30 FEET;
THENCE S 150 09'00"W 58.00 FEET;
THENCE N 69 039' 00 "W 152.00FEET-
THENCE 53.76 FEET ALONG THE ARt OF A CURVE TO THE
LEFT HAVING A RADIUS OF 150 -00 FEET THE CHORD OF
WHICH BEARS N 770 26'30 °W 53.47 FEET TO THE POINT OF
BEGINNING CONTAINING 31,037 SQUARE FEET MORE OR LESS.
UE
BEGINNING AT THE SOUTHERN MOST CORNER OF LOT 9, BLOCK 2,
PITKIN GREEN SPBDIVISION, PITKIN COUNTY, COLORADO SAID
CORNER BEING S AME AS
THE SOUTHWESTERLY CORNER OF LOT B;
THENCE N 37° 40' 00 "W
313.11 FEET;
THENCE 55.24 FEET ALONG THE -ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 25.00 FEET;
THENCE N 880 58' 00 "E
26.48 FEET;
THENCE N 24° 59' 00" E
9.15 FEET
THE14CEN65 °07'00 "E
98.21 FEES';
THENCE S 84 °27,' 00;; E
106.7 FEET;
THENCE 09 °12 00 „W
[at- OFEET;
THENCE S 600 40'00 E
96-70-FEET;
THENCE S 09° 12'100"W
96.70 FEET;
THENCE N 600 40 00"W
96.70 FEET;
THENCE S 090 12' 00 "W
94-5?_ FEET TO THE POINT OF BEGINNING
CONTAINING 1-245ACRES
MORE OR LESS.
1►/
AGENDA ITEM SUMMARY
TO: Board of County Commissioners
Regular Meeting - March 28, 1989
RE: Musser Lot Line Adjustment (V— Y
FROM: Ellen Sassano, Planning Office
APPLICANT'S REPRESENTATIVE: Marty Pickett, Law Offices of Gideon
Kaufman.
ISSUE: Robert and Marcie Musser are requesting approval of a
Subdivision Exemption for a Lot Line Adjustment between Lot 9 of
Pitkin Green Subdivision, which they own, and Lot 8, which is
under the ownership of the Robert Musser Trust. The Mussers will
be purchasing approximately 9,400 square feet of land from the
Robert Musser Trust and their resulting lot will be
approximately 1.2 acres in size. The Musser Trust Lot will
continue to be conforming in size, at 31,037 square feet, after
the sale and lot line adjustment. The purpose of the Lot Line
Adjustment is to create a lot line which is more equidistant
between the two houses which currently exist on the lots. In
addition, by purchasing land, the Mussers wish to preserve their
views and deter any impacts from potential expansion on the
adjacent lot such as construction of accessory buildings which,
should they be built, might encroach on their house.
LOCATION: Lots 8 & 9, Block 2, Pitkin Green Subdivision.
ALTERNATIVES: Approve the request, amend it, or deny it.
STAFF RECOMMENDATION: Approve the Robert Musser Trust /Robert and
Marcie Musser Subdivision Exemption for the purpose of a Lot Line
Adjustment.
ELS
AIS_MUSSER_LLA
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- Z0104
TO: Board of County Commissioners
FROM: Ellen Sassano, Planning Office
RE: Musser Lot Line Adjustment
DATE: March 28, 1989
BACKGROUND
APPLICANTS: Robert Musser Trust & Robert W. Musser & Marcie
Musser.
APPLICANT'S REPRESENTATIVE: Marty Pickett, Law Offices of Gideon
Kaufman.
ZONING: R -30.
LOCATION: Lots 8 & 9, Block 2, Pitkin Green Subdivision.
APPLICANT'S REQUEST: Robert and Marcie Musser are requesting
approval of a Subdivision Exemption for a Lot Line Adjustment
between Lot 9 of Pitkin Green Subdivision, which they own, and
Lot 8, which is under the ownership of the Robert Musser Trust.
The Mussers will be purchasing approximately 9,400 square feet of
land from the Robert Musser Trust and their resulting lot will be
approximately 1.2 acres in size. The Musser Trust Lot will
continue to be conforming in size, at 31,037 square feet, after
the sale and lot line adjustment. The purpose of the Lot Line
Adjustment is to create a lot line which is more equidistant
between the two houses which currently exist on the lots. In
addition, by purchasing land, the Mussers wish to preserve their
views and deter any impacts from potential expansion on the
adjacent lot such as construction of accessory buildings which,
should they be built, might encroach on their house.
REFERRALS:
1) County Attorney: The County Attorney's Office has reviewed
the application and has no objections to the proposed Lot
Line Adjustment.
PLANNING OFFICE COMMENTS:
Section 4- 2.2(a)(2) of the Land Use Code establishes a procedure
for a lot line adjustment as a subdivision exemption. A lot line
adjustment is permitted provided that the following five criteria
are met:
'<j
1. The adjustment creates not more than the original
number of lots.
2. The purpose or effect of the lot line adjustment is not
the creation of a new lot or parcel for development or
resale purposes.
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.
4. In the case of existing nonconforming lots or parcels,
any resulting lot or parcel shall not increase in
nonconformity.
5. All laws relating to the amendment of recorded plats
are complied with.
The adjustment will not create more than the original number of
parcels, nor will it create a parcel substantially different in
size or dimensions for the purpose of resale. Both lots are
conforming and will remain conforming after the adjustment. The
applicant has submitted a lot line adjustment plat which complies
with all laws relating to the amendment of recorded plats.
RECOMMENDATION:
The Planning Office recommends approval of the Robert Musser
Trust /Robert and Marcie Musser Lot Line Adjustment.
E LS
MEMO_MUSSER_LLA
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APPLICATION FOR EXEMPTION FROM THE DEFINITION OF JAN - 5
THE TERMS "SUBDIVISION" AND "SUBDIVIDED LAND"
(LOT LINE ADJUSTMENT)
Pursuant to §4 -2 of the Pitkin County Land Use Code,
ROBERT W. MUSSER and MARCIE J. MUSSER (the "Applicants ") hereby
apply for approval from the Board of County Commissioners,
Pitkin County, Colorado, of exemption from the terms
"subdivision" and "subdivided land" to effect a lot line
adjustment.
I. §4- 2.3(a)(3), STATEMENT OF NATURE AND PURPOSE OF THE
DIVISION WITH REFERENCE TO THE SPECIFIC CONDITIONS IN
§4 -2.2 WHICH QUALIFY THE DIVISION FOR EXEMPTION.
This exempt division of land is for the purpose of
adjusting a lot line between adjacent tracts (Lots 8 and 9 of
Pitkin Green Subdivision, as shown on attached Plat). This
adjustment does not, in any way, contravene or undermine any
policies or regulations set forth in the Land Use Code. This
exemption fulfills the purposes of §4 -2.2 because:
A. The adjustment will not create more than the original
number of parcels.
B. The purpose or effect of the lot line adjustment is
not the creation of a new parcel, substantially different in
size or dimensions, for resale.
C. Both lots are conforming, and will remain conforming
after the adjustment.
D. All laws relating to the amendment of recorded plats
shall be complied with.
II. NO MERGER.
Lot 8 is owned by the Robert Musser Trust U/A dated
December 26, 1983. The trustees of the trust are Robert W.
Musser, Marcie J. Musser and Albert Andrews, Jr. Lot 9 is
owned by Robert W. Musser and Marcie J. Musser. However, there
has been no merger of Lots 8 and 9 because, pursuant to Code
§20 -1, the lots were created under the Pitkin Green Subdivision
Plat, which was recorded, approved and signed by the Board of
County Commissioners in 1958. (See Plat, recorded in Ditch Book
2A at Page 244 on June 3, 1958, Reception No. 106387, attached
hereto as Exhibit "A ".) This has been confirmed with Glenn
Horn and Tom Smith.
III. §4- 2.3(a), EXEMPTIONS APPLICATION PROCEDURE.
Enclosed herewith and incorporated herein by this
reference are the following:
- 1 -
A. Disclosure of Ownership in the form of an Owners
Policy from a licensed title insurance company setting forth
the legal description and the names of all the owners of the
lots, including all mortgages, judgments, liens, easements,
contracts or agreements of record in the County which affect
title to the properties.
B. A Plat indicating the location of the lots for which
this exemption is sought, the size of each lot, existing and
proposed lot lines, easements on such lots, and existing and
proposed roads. This map complies with the requirements
specified in g4- 2.3(a)(4).
C. Consent of any lienholders to the proposed lot line
adjustment shall be reflected on the replat to be recorded.
D. A check in the amount of $775.00, the application
fee, is enclosed. A 1
DATED this . day of January, 1989.
Respectfully submitted,
LAW OFFICES OF GIDEON I. KAUFMAN, P.C.,
a Professional Corporation
� r
By 1
t a�C. Pickett
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EXHIBIT "A"
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PITKIN GREEN
SUBDIVISION
GIDEON I. KAUFMAN
MARTHA C. PICKETT
HAND - DELIVERED
LAW OFFICES
GIDEON I. KAUFMAN
A PROFESSIONAL CORPORATION
BOX 10001
315 EAST HYMAN AVENUE. SUITE 305
ASPEN, COLORADO 81611
April 13, 1989
Ms. Ellen Sassano AM 13
Aspen / Pitkin County Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Musser Lot Line Adjustment Plat
Dear Ellen:
TELEHONE
AREA CODE 303
925-8166
TELEFAX 9259090
Thank you again for your continuing cooperation on this matter.
According to Stewart Title of Aspen, Inc., there are no mortgagees
on either Lot 8 or Lot 9, Block 2, Pitkin Green Subdivision.
Therefore, there is no requirement for a mortgagee signoff on the
Plat.
Furthermore, in accordance with the Affidavit (for Property of
Trust, recorded in Book 573 at Page 03 (a copy of which is attached
hereto), only two of the three Trustees need to sign any document
relating to the property held by the Trust.
Please let me know if I can provide any additional information.
MCP /bw
Enclosure
cc: Robert Musser
IQ
Sincerely,
LAW OFFICES OF GIDEON I. KAUFMAN, P.C.,
a Professionall Corporation
M
9
APR 13 leg 14:11 STEWART TITLE y3P'E
OF
I ss. AFFIDAVIT
"V
COUNTY of ���ei,v )
(For Property oC Tr +ist)
/ �6r'.'- , of lawful a9e, being first
duly sworn, upon oath depose (s) and sr:y(s):
1. Affiant(s) iS4wr (ono of the) trustees of the herein-
after Darned trust and as such has /h-tve authority to execute and to
record this affidavit.
2.
is the name of a trust which may acquire, convey, encumber, leap
and otherwise deal with interests in real property in said name.
3. The names and addresses of all the trustees who are
represented by such name are:
name)
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�lf�F/?r .4/1A2a. . T2
fir. /�j,i �. -•��,
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4. Any Awe(twow.) of the above -named trustees
or any of the following other persons or entities may convey, encumber.,
lease, or otherwise deal with any interest in proRnrty.�icquired or held
in the name of said trust: _
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S. This affidavit is executed and record ptiAsuant t59 the
provisions of Title 38 Article 30, Section 166 of"tolo;�ado Revised
Statutes, 1973, as amended.
Af f iant(s)
.a+° °'.subscribed and
sworn to before me this ' d.ty of
<_�r�4a�=
198_.
WITNESS my hand at,d official.
'Al
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,Mv, Commission expires:__.'_
Notary Public
d'•
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GIDEONI KAUFMAN
MARTHA C. PICKETT
LAW OFFICES
GIDEON 1. KAUFMAN
A PROFESSIONAL CORPORATION
Box 10001
315 EAST HYMAN AVENUE. SUITE 304
ASPEN. COLORADO 61611
April 7, 1989-
HAND - DELIVERED
Mr. Thomas F. Smith
Pitkin County Attorney
530 East Main Street
Aspen, Colorado 81611
Re: Musser Lot Line Adjustment Plat
Dear Tom:
APR 10
TELEHONE
AREA CODE 303
924 -8166
TELEFAX 923-1090
doh z,;Nry
k'f
At your request, I have attempted to contact officers of
the Pitkin Green Homeowners' Association for them to confirm
for you that the homeowners have no objections to the Musser
Lot Line Adjustment. Clark Smythe, of the property management
firm, gave me the names of several officers to contact;
however, they are either out of town for several days or weeks,
or have not returned my call.
In order to help expediate this process, I am enclosing
a complete copy of the Restrictions for the Pitkin Green
Subdivision for you to review and satisfy yourself that there
is no further provision requiring consent by the other
homeowners for a lot line adjustment. As set forth in
paragraph 2, the Restrictions specifically allow for a lot line
adjustment between two adjacent lots without such consent. I
believe you will agree that there is no consent required and,
therefore, the Resolution by the Board of County Commissioners
has been satisfied and the Plat is ready for recordation.
As you know, we are awaiting a closing on one of the lots,
and would like very much to record the Plat as soon as
possible. Any cooporation you can give me on this matter will
be most appreciated.
Sincerely,
LAW OFFICES OF GIDEON I. KAUFMAN, P.C.,
a Professional Corporation
By,
MCP /bw
Enclosure
cc: Robert Musser
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1��aIT'{ Filed
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PITSIB aR �30H•pxpl8lpp ° t
Tho Pltkin Land and Exploration Company4 a Colorado Cor-
poration, acting by and through Fredric A• Danadiat, its president,
and Vftbienrie Benedict, its secretary, the fee owner of tho followings
doscribud real proporty:
All of Lots 1 through lh, inclusive, Block 1, of tho
Fitkin Green Subdi. islon, s Paid plat is now reccrA-ed
as Uor,•tment •:o�1�. 1f. iii';Yt as , at Pago A.44 , In
tho office of the erk nod lleeor or fnr Fitkin Cr•trty,
orado, being; situate in the County of Pltkin, State o: ''nlorador
duns hereby mako tho followinC declarations as to lir..its,
r -J us.,,., to which the lots or parcels of land corstitutinr !t.td scc-
GLv!oion may be put, hereby specifying that said d ^c.lirs:! -,r3 rhall _ :I
constLtut.e covenants to run with the land an privided L, law and f'
shall bn binding on all parties and all parsons claiming unior them
I
and for the bons,-it of and limitatlnrs upon all further owntrs Sr
said Subdivision; this declaration of restrictirns 'celrg des!.-^c'
for the purposo of keeping said Subdivision desirable, ur.ifrra an,.
suitable in architectural dosign and use as herein specified:
1. This property shall be used for rosidentbl ; •.r; csas
only. The term "residential purposo ", as heroin used, shell t boll 1
,
and constru3d•to exclude hospitals, duplox houses and apartrer.t „
oil
houses and to exclude commercial and professional uses. �!
2. No lot shall be re- subdividod or fuacticnal portion or
part thoroof sold or convoyed for separate, divided ownerships, , Pro-
viding, however, this shall not revent adjoining P j 6 property owners •,.
from selling or purchasing property from each other to permit re- ;�'•
location of lot lines that x111 not otherwise violate these restric-
tions or zoning resol,,'Uona for the County of Pltkin and any such t} '
nip4. -19e is in+ :roes sha11 thereafter become the lot line used for !`
I NO
51
establishing setbacks 11nclor
3. Any and all bilildirigo lv��l I' be' Not back twentyrivo
I . V i
(25) feet from the front lot'linj and @;t book too (10)feet from
the rear and side lines of arty lotsii The "ftont lot line" is do- 'T
fined to man that lot line abuttiAg'an dedlaiied rosda4
4. Only one single-family dwelling and one guest house,
together with buildings or structurei'appurterant thereto &hall be
Constructed on each of said lots In said Subdivision. The words
"house" or "residence", as used herein with reference to setbacks,
shall include gallories, porches, portecocheros, steps, projoctifing
and other permanent parts of the improvements; providing, however,
In the event two or more adjoining lots shall be under a sinr,,Ie ow-
ncrshiri, such owner may elect to treat the total area of lots under
his ownership as a single lot for purposes of set backs and may
build upon and across interior platted lot lines; howevor, in such
event the owner shall not construct a greater number of butle.irrs
than are allowed for a 81nC.16 lot without the written consent of
the architectural control comittee,
5e The floor area of the main residence, exclusive of
open porches, ba3omonts, carports and garages shall not be less than
Ono thousand two hundred (1,200) square feet,
6* Any building having a roof pitch of more than two
inches (2") rise in twelve inches (12") distance shall Wit exceed
twenty (20) feet in height (chioneye.excluded) iWasured vertically
from the lowest point of Intersection of said building with the
natural grade of the land to the highest point of roof ridEat pro-
viding, however, this restriction may be waived by rredrlc A. Eon-
edict or the arcritoctural control committee provided for in Para-
graph 10 hereof, however, any such waiver shall be in writing. Any
buildini having a roof pitch 0
.17 C f lose than two inches (2") rise in
twelve inches (12") distance shall not OACeed fifteen (15) foot in
2
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height' (ohitanoyw aTelq Abe the 10weat
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point of•intoragetion eE `id c
!►. .,git1 ti?t�KltlI�ittural grade of
the land to the hi ■t o1Y1t :..ot7bf��N�� +1Q1'a,pi�oviding, however,
this restriction aaiva ma be b
7 d, � �'YO�iI`p A. ,8dii }dict,or the ar-
ohitectural control soecsittee
pro villq$, Apr , %!Y Ila4"agraph 10 hereof,
however, any such waiver ohm 1 be
70 No tence:ahall be Onstimuoted or,
,w►intained on any
941d
;
� ;u
lot in/Subdivision higher then six (6),fest" 1.
80 All power lines, telephone lines, and all other u-
tility services shall be buried underground, providing, however,
the Pitkin Land and Exploration Corvany reserves the right and
privilege to erect and maintain porter lines and tolophnne lines
ovorhoad for distribution of those cervices within sold Subdivision
until November 1, 1959, and reserves the right to maintain over-
head utility linos along the exterior linen of said Subdivision.
9. No buildings, structures# fencoa or walla shall be
erected, placed or altered or permitted to remain on ar,y lot un-
,If'�'
til the plans and specifications and a alto plan showing the lo-
•.
cation thereof has been appr�Lin writing by Fredric A. L�onodiot,
—
who shall consider the materials to be used on the external fee-
tures of said building, including exterior painting, harmony of
extoi•nu1 desiJ;vk with existing structures within Said Subdivision, ;dr•
and location with respoct to topography and finish grade eleva-
tions. The approval of Fredric A. Benedict shall not be required j
after August 1, 19620 and thereafter or in case of his doath, roe- "'1
i tlon or {'
gna permanent absence from Pitkin County, any such con-
;;
structlon plane and specifications shall first be approved in
writing by the architectural control committee. In the event Fred.
II i
ric A. Benedict_or -the architectural control cocwslttee fails and
s;•
refusea to approve or disapprove said plane within fifteen (15)
days after said plane have been delivered to him or them, it shall
K
1
_ _ •/IIU'YQaT.^.'AfMRT'•t'li'�'1�C '. .. � ,'•�•• • ••,��
SS
4"kU
be conclusively presumed-that '0814 A . anao havibeen approved. In
the event the plans and WcificRtlOnd'okre disapplVved In writing,
the lot owner may within ton (19) days thereafter apply to the
architectural control committee for a reconsideration thereof,
10. The architectural control committee shall be the
trustees of the Pitkin Green Water-Association.
ll. FO metal roo"a will be permitted on any structure or
building; no outdoor television antennae will be Permitted on any
lot; no outdoor clothes lines, no exposed garbage cans or inciner-
ators, and no above ground oil or gas tanks will be permitted un-
less adequately screened from view of adjoining lot owners aid view
from public roads or streets,
129 NO temporary structures or buildings, inclu,21ns,
but without limitation, trailers, tents, shacks, barns or other
outbuildings shall '-Is used or placed upon any lot.
33. Ho. noxious or offensive activity shall be carried
on upon any lot, nor shall anything be done which may 1,(1 or may t)o-
come an annoyance or nuisance to the Subdivision*
III. If any Owner or land In said subdivision or persons
claiming under them Shall at any time violate or attempt to vio-
late any of the restrictions heroin ccints.1nod, it rhall he Inwful
for any other person or persons owning real propert- situated In
y
said subdivision, to pr000cute any proccedings at 111w or Jn
against the pernor or persons violating or attempting to violate
such restriction, and either to prevent him or them fI-o?11 so e.olnc
or to recover damages or Other dues for such violation.
15. Invalidation of anyone of these restriction,, by
Judgment or court order shall in no wise affoct any Of the other
provisions which shall remain in full force and affect,
16e Lot 10, Block 1 of enid Subdivision hereby excepted
from restriction In Paragraph 5 harecifi howeler, all other restric-
tions shall apply thereto*
9
lip
17
;
17. In the event lot a rkrore dbeSii aab}�',fences or other
structures upon a ny casement; doaoritie} in' ; t h'V o fflaial plot of Pit-
kin Orson Subdivision, the ownor elf all have tde dole obligation and
s
liability to rectors such fences or etruot w en'in the event of de-
struction or damage through constraotibn, nnxjitlnence or repair of
any utility service.
18, The covenants, agreepasnts, conditions, reservations
restrictions and charges created and established herein for the
�' 11i•i ",
benefit of said tract, and each lot therein atay be waived sban-
donod and terminated, modified, altered or changed as to the whole
of said tract or any portion thereof, with the written consent of
p
the owners of seventy -five (759) per cent of the lots in said Sub•
division. No such waiver, abandonments termination ications
or alteration shall become effective until the proper instrument in
I
_ _
writing shall to executed end recorded in the office of the Reecrt-
I.I
or for Pitkin County, Colorado; provided that this article shall
r.
hove no application no long as the Pitkin Land and hxploration Zem.
pany shall be the osner of fifty (50S) per cent of the Iota in soi3
i'
tract.
19. The above roatricl:lons shall be and continue in force
for a period of twenty -one (21) years from the date hereof, at which
;
time said restrictions shall be automatically extended for suoces-
give periods of ten (10) years unless by a vote of the majority of
{ �k
the then record owners of said lots, they shall n gree to dissolve
and terminate said rostrictions, providing, howevor, this shall not
�r
c
be construed as a prohibition or limitation by amendment an provi-
ded in Paragraph 18 hereof.
IN WITNESS WIIi3iII0F, PITKII'T LATID AND MS7C WRATICR C(`MPARY
yY�Y
has eausod its corporate name to be subscribed by its president,
atteatod to by its Socretary, and its corporate meal affixed this
. .iii {1dt 1
'Aj,ix'
..s � ' Y, •i:� 1 7.,'y��, �a ph �� �Ir i7+ �i 1 1 rt��r tit P� :I., �" ' {�!' lli�i
aaasnear 'I , , ;;I. � 1�'''i l °'•a��i�'.rkt!ti+ 7��+ :I'd{i'U�,' •,� .'� +t ��jr'i {4:, , +' V N �I;�
r.—
i°
3
r A':
I
1 1. - •'a, , r <, . .,{ . : t. r. q�-+P•:; �p,+�y9f!SaYH" q'1 CI 'Ml uy +�r...�
F. n,i u•��M4i� r• �r I {
H
IAV day of August, 1957.
G� 0
2 i °q4�
4•
0 t;APl.pp'ar;;
T
wLr,Z -Ts ai
PITKITt LAND AND sT^ ORATION CO.
rea 0, en
STATE OF COLORADO )
COUI1Ty 01' PITKIN )
�( The foragoinp Instrument was acknowledged beforn me
this,% day 0f August, 1957, by MMRIC A. W.11:1):Ci as frosident
and 1:11, 3'•1':3 ' .--, WCT as Socretor f cII FI'iRIN LAfiL A7IJ .-UL,
COMPAVY, a Colorado corpnrntion.
VT notarial comniesion expires Fei'ruary 11, 1050,
Wl tnass by hand and official seal.
O Ary LJ C
GIDEON I. KAUFMAN
MARTHA C. PICKETT
LAW OFFICES
GIDEON 1. KAUFMAN
A PROFESSIONAL CORPORATION
BOX 10001
315 EAST HYMAN AVENUE, SUITE 305
ASPEN, COLORADO 81611
March 29, 1989
Ms. Ellen Sassano
Aspen / Pitkin County Planning Office
130 South Galena Street
Aspen, Colorado 81611
and
Mr. Thomas F. Smith
530 East Main Street
Aspen, Colorado 81611
Re: Musser Lot Line Adjustment
Dear Ellen and Tom:
W30
TELEHONE
AREA CODE 303
925 -8166
TELEFAX 925-1090
This letter is to confirm that there is no consent required of
the Pitkin Green Homeowners' Association or individual property
owners for approval of the Lot Line Adjustment between Lots 8 and 9
of the Pitkin Green Subdivision. In fact, paragraph 2 of the
Restrictions for the Pitkin Green Subdivision, recorded in Book 182
at Page 233 (see attached), states the following:
"No lot shall be resubdivided or fractional portion or part
thereof sold or conveyed for separate, divided ownerships,
providing, however, THIS SHALL NOT PREVENT ADJOINING PROPERTY
OWNERS FROM SELLING OR PURCHASING PROPERTY FROM EACH OTHER TO
PERMIT RELOCATION OF LOT LINES THAT WILL NOT OTHERWISE VIOLATE
THESE RESTRICTIONS OR ZONING RESOLUTIONS FOR THE COUNTY OF
PITKIN, AND ANY SUCH CHANGE IN LOT LINE SHALL THEREAFTER BECOME
THE LOT LINE USED FOR ESTABLISHING SETBACKS UNDER PARAGRAPH 3.11
The setback restrictions referred to in paragraph 3 state that
"all buildings shall be set back 25' from the front line, and set
back 10' from the rear and side lines of any lots." As you can tell
from the Lot Line Adjustment Plat, the two lots, Lots 8 and 9, are
fully developed, and will continue to comply with the setback
requirements.
If you have any further questions regarding this matter, please
do not hesitate to call me. Thank you for your cooperation in
processing this Lot Line Adjustment approval efficiently.
Sincerely,
LAW OFFICES OF GIDEON I. KAUFMAN, P.C.
a Professional Corporation
By L
MCP /bw Mar a Pickett
Enclosure
cc: Robert Musser
VA
:t taccnxm�.ew -s - r
Y ,p;'}.`�`i; �. { : r�.T ,ai.�,•k•., n.:. °,rf,1.ar'At. W.j,�,''t'a'Ih "�', ,
a B9✓i V! Tiled' for! rea:67m gr4 E8s ' i,�/,',10r Mn +$�j'' � ' e
ReoePtloa 80« iQ 4 ."r', Recorder : !
lk,,hq
mow+ `, •„ , ,+ h, �', t�,'Zi� ,��� ,yy� � ha � '.i � � },
I
PI N fFRSBli 9BDb8 BI �:
The ritkin Land and 8xploration Companytt a Colorado Cor-
poration, aotinf by and through Prodrio A, Benedict, Ito president,
and ^abienno Benedict, its secretary, the fee owner of the following
described real proporty! §;t
All of Lots 1 through lit, inclusive, Block 1, of tho
Fitkin Groon Subdi Ssien, µn said plat is now r�iccrded
as )ocumen *. ''0.��6 ?�, ir.Y4i8vit , at Pago 1E4 , in
the. office of tie erk and Hecor or for Fitkin e.n•ir'v, 3 -1.-
orado, bein;; situate Ln the County of Fitkin, State of Onl.ornaor
door hereby r,.akc the followinC declarations as to licit?, r s`ria',_crs
4
�•w
Fnd usvG to e:hlch the lots or parcels of land ccretitutin =_old suc-
civioion may be put, hereby spac"_fying that said d ^ciar3t! ^rs shall 1
constitute covenants to run with the land as privided 2, law and
shall be binding on all parties and all persons claiming 'anior them
and for the benefit of and limitations upon all further eantrs Sr
;'aid Subdivision; this declaration of restrictions "ceing 9esl:acd i
i'or the purpose of keeping said Subdivision doei.rable, unifcrc a
suitable in architectural design and use as herein specifi ^c: t;u
.,x t
1« This property shall be used for rosidonttl p,:r;cses
only. The term "residential purpose ", as heroin used, shell to held i"
^,
and eanstrusd•to exclude hospitals, duplex houses and apartrent j,;
x` .
houses and to exclude commercial and professional uses.
2. No lot shall be re- subdivided or fractional portion or
part thereof sold or conveyed for separate, divided ownerships, pro- '
L
viding, however, this shall not prevent adjoining property owners
from selling or
purchasing prr,perty
from each other to permit re-
location of lot
lines that will not
otherwise violate these restric-
tions or zoning
resolutions for the
County of Pitkin end any such
ni,ange in lot _fines shall thereafter
become the lot line used for
+''"
J
V
establishing setbacks under 1p"'It
3- Any and all bit Ud Jjgc be; sp't beak twenty -five
(25) feet from the front lot and lest back ton (10)feet from
the rear and side lines of any lots4 The "fronb lot line" is do-
fined to man that lot line abuttilhg'on dediceied roeds4
4. Only one single-family dwelling and one guest house,
together with buildings or atructurei'appurtenarit thereto shall be
constructed on each of said lots In said Subdivision. The words
"house" or "residence", as used herein with reference to setbacks,
shall include galleries, porches, portecooheres, steps, projoctif)ns
and other permanent parts of the improvements; providing, however,
in the event two or more adjoining lots shall be under R sinr,,le ow-
nership, such owner may elect to treat the total area of lots under
his ownership as a single lot for purposes of set backs and may
build upon and across interior platted lot lines; howevor, in such
event the owner shall not construct a greater number of butl(ijnro
than are allowed for a dinGle lot without the written consent of
the architectural control committee*
5. The floor area of the main residence, exclusive of
open porchest basements, carports and garages shall not be less than
One thousand two hundred (1,200) square feet,
6. Any building having a roof pitch of more than two
inches (2") rise in twelve inches (12") distance shall not exceed
twenty (20) feet in height (chinneye.excluded) measured vertically
from the lowest point of intersection of said building with the
natural grade of the land to the hiqhest point of roof ridF;e, pro-
viding, however, this restriction may be waived by rredrIc A. Can-
edict or the are!-itectural control committee provided for in Para
graph 10 hereof, however, any, such waiver shall be in rritingo Any
building having a roof pitch of less than two inches (2") rise in
twelve inches (12") distance shall not exceed fifteen (15) feet in
2
1.
r
GIDEON I. KAUFMAN
MARTHA C. PICKETT
HAND - DELIVERED
LAW OFFICES
GIDEON I. KAUFMAN
A PROFESSIONAL CORPORATION
BOX 10001
315 EAST HYMAN AVENUE, SUITE 305
ASPEN, COLORADO 81611
January 30, 1989
Ms. Cindy Houben
Aspen / Pitkin County Planning Office
130 South Galena Street
Aspen, Colorado 81611
4030
TELEPHONE
AREA CODE 303
925-8166
TELEFAX 925-1090
Re: Supplemental Information to Application for Exemption
from Subdivision /Lot Line Adjustment for Robert W.
Musser and Marcie J. Musser
Dear Cindy:
This letter is in response to your letter requesting
additional information on the Musser Lot Line Adjustment
Application.
According to Alpine Surveys, Inc., the recorded Pitkin
Green Subdivision Plat has insufficient legal descriptions to
close the boundary lines and determine square footage or
acreage. Dan McKenzie of Alpine Surveys estimates the existing
Lot 8 area as 31,037 sq. ft., and the area of Lot 9 as 43,560
sq. ft. (1 acre). Upon completion of the lot line adjustment,
the new area for Lot 8 will be 31,037 sq. ft. and 1.245 acres
for Lot 9.
The purpose of the applicant seeking the lot line
adjustment is to effectuate a lot line which is more
equidistant between the two existing houses. In particular,
the owner of Lot 9 wishes to preserve any views or impacts from
potential expansion or accessory buildings being built on Lot 8
which would be close to the house on Lot 9.
If you have any additional questions or comments, please
do not hesitate to call me.
Sincerely,
LAW OFFICES OF GIDEON I. KAUFMAN, P.C.,
a Professional Corporation
By 1ti
M th t IC. Pickett
MCP /bw
C��
11 \1," 'III I,I I,"I1 I"'I k,%JIVI 1.4111\ OUl'1(Illlll (f1 �•.
PROJECT:
APPLICANT'S REPRESENTATIVE: l
REPRESENTATIVE'S PHONE:
OWNERS NAME:
491;"M :,I
1. Type of Application: �a'''s,r)? I)I.4> �0r\ 4:,-\ 1!7-z T,�,n
2. Describe action /type of development being requested:
1 lrli�)- ;\ l r 11 rti� — 111• f,- ATP. }l ilL
3. Areas in which Applicant has been requested to respond, types of
reports requested:
Policy Area/
Referral Agent
Comments r�
'PLAT to =r>fi ir�Jf1 h
4. Review is: (P &z Only) (CC /BOCC Only) (P &Z then to CC /BOCC)
5. Public Bearing: (YES) (NO)V"
6. Did you tell applicant to submit list of ADJACENT PROPERTY
OWNERS? (YES) (NO) ✓Disclosure of Ownership;, (YES) ✓:(NO)
iA 12�; YLann I G o} 1°IGG FE
7. What fee was applicant requested to submit: _�� ��, ov mipo� a11C�>1aR)rcaFE�
8. Anticipated 'date of submission: W775, To1TA�
9. COMMENTS /UNIQUE CONCERNS:_ —rO
LoY l Ac GRr A�11 �11I�i1�6R �t,T r �\ all5
0
rL1 :�j or> A ?12� z G ��s of owrcu��a�P inF�>;w,Nrorl,
�'� -rA� ->ll�l�\IT T'�15 1'P��- l�}'PLIGAT)oi`1 �oP(•.�11�11`l� A1'PI.I�A'il�ti-1 0
q��\
ASPEN /PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920 -50 0
January 17, 1989
Marty Pickett
Law Office of Gideon Kaufman, P.C,
315 East Hyman Avenue, Suite 305
Aspen, Colorado 81611
RE: Musser Lot Line Adjustment
Dear Marty,
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have
determined that your application IS NOT complete.
Following is a list of the items we require to complete the
application:
1. Please set a pre - application conference with one of the
County staff planners.
2. More detailed information is needed regarding the compliance
of the application with Section 4- 2.2(c) of the Land Use
Code.
3. 8 copies of all additional information provided will be
needed.
If you have any questions, please call, Cindy Houben, the County
Caseload Administrator. Thank you.
Sincerely,
Debbie Skehan
Administrative Assistant
ds
1406
TO: County
County
FROM: Buddy
RE: Musser
Parcel
Attorney
Engineer
C,ucero, Planning Officer
Lot Line Adjustment
ID# 2735- 014 -03 -010 &
2737 - 014 -03 -013
DATE: February 1, 1989
Attached for your review and comments is an application from Mary
Pickett on behalf of her clients Robert Musser Trust and Robert
W. & Marcie Musser requesting approval of a lot line adjustment
between Lots 8 and 9 of the Pitkin Green Subdivision.
Please review this material and return your comments no later
than March 15, 1989 so that I have time to prepare a memo for the
BOCC.
Thank you.
Uri
ti
ASPEN /PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920 -5090
February 1, 1989
Marty Pickett
Law Offices of Gideon Kaufman, P.C.
315 East Hyman Avenue, Suite 305
Aspen, Colorado 81611
RE: Musser Lot Line Adjustment
Dear Marty,
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have
determined that your application IS complete.
We have scheduled your application for review by the Board of
County Commissioners on Tuesday, March 28, 1989 at a meeting to
begin at 5:30 P.M. The Friday before the meeting date, we will
call to inform you that a copy of the memo pertaining to your
application is available at the Planning Office.
If you have any other questions, please call, Buddy Lucero, the
planner assigned to your case.
Sincerely,
Debbie Skehan
Administrative Assistant
ME
PD /Imp
r SCHEDULE A
Order Number: 16432
1. Effective date: December 14, 1988 At 1300 A: M.
2. Policy or Policies to be issued:
A. ALTA Owner's Policy
Proposed Insured:
M. V. Green
B. ALTA Loan Policy
Proposed Insured,
Commitment Number:
Amount of Insurance Premium
$ 750,000.00 $988.50
Tax Cert. $ 5.00
s
C. $
3. The estate or interest In the land described or referred to in this commitment and covered herein Is fee simple and title thereto is at the eflective date hereof
vested in:
Robert Musser Trust U/A dated 12/25/83
4. The land referred to In this commitment is describ follows:
Lot 8, Block 2, PI I GP.EEN StJBD VISION, according to the
recorTlat there- .
Countp Pitkin, Sta a of Colorado
a
YY r Au riie0 Countersignature
1652125M 11/871
Page 2 STEWART TITLE
GUARANTY COMPANY
r
Order Number:16432
SCHEDULE B — Section 1
Requirements
Commitment Number:
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest
to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record,
to wit:
1. Deed executed by all current trustees of the Robert Musser Trust
U/A dated 12126/83, vesting fee title in purchaser(s).
NOTEt Trust Affidavit recorded October 4, 1988 in Book 575 at
Page 03 as Reception DO. 304564, sets forth Robert Musser,
Marcie J. Musser and Albert Andress, Jr. to be all of said
current trustees,
SG
s`
STEWART TITLE
1841 OW 11 IR71 Paae 3 GUARANTY COMPANY
SCHEDULE S — Section 2
Exceptions
Order Number: 16432 Commitment Number:
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the
satisfaction of the Company:
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 heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires
of record for value the estate or interest or mortgage thereon covered by this Commitment.
5. Any and all unpaid taxes and assessments and any unredeemed
tax sales.
7. The effect of inclusions in any general or sp fic water
conservancy, fire protection, soil conservatio r other
district or inclusion in any orate ervice or s eet
improvement area.
S. Right of the propriet r of a vein lode to extract and remove
his ore therefrom, sh__t the same b found to penetrate or
intersect a premises h_reby grante , as reserved in United
P States Pa e t recorded u ust 17, 1889 in Book 55 at Page 5 as
Reception o, 31787 (Af c s Lots 4, 5, 6, 7, 12, 13 & 14)
9. Eight of th proprietor of a vein or lode to extract and remove
his ore they f am, should the same be found to penetrate or
intersect the remises hereby granted, and right of way for
ditches or canals constructed by the authority of the United
States as reserved in United States Patent recorded May 3, 1892
in Book 55 at Page 24 (Affects 14 through 23).
10. Right of way for ditches or canals constructed by the authority
of the United States, as reserved in United States Patent
recorded November 4, 1921 in Book 55 at Page 258 as Reception
No. 81457 (Affects Lot 21).
11. Terms, conditions and obligations as contained in Declaration
of Trust for the Benefit of the Property Owners in the Pitkin
Green Subdivision by Fredric A. Benedict, Fabienne Benedict and
Clinton B. Stewart, Trustees, recorded August 28, 1957 in Book
182 at Page 220 as Reception No. 105498, and Agreement recorded
April 14, 1958 in Book 183 at Page 427 as Reception No. 104219,
and Agreement recorded July 28, 1958 in Book 184 at Page 367 as
Reception No. 106661, and Amendment recorded January 21, 1969
in Book 239 at Page 116 as Reception No. 133901. Existence of
said trust was extended by Declaration recorded April 27, 1982
See Continuation Pacfe
Exceptions numbered are hereby omitted.
Page 4 STEWART TITLE
GUARANTY COMPANY
Order Number: 16432
in Book 425 at Page
instrument recorded
Reception No. 24092
in Book 450 at Page
CONTINUATION SHEET
SCHEDULE aection 2
Commitment Number
685 as Reception No. 240896 and in
April 28, 1982 in Book 425 at Page 745 as
5 and in instrument recorded August 23, 1983
790 as Reception No. 252609.
12. Restrictions which do not contain a forfeiture or reverter
clause, as contained in instrument recorded July 16, 1958 in
Book 184 at Page 289 as Reception No. 106618.
13. Easements as shown upon the plat of said Subdivision in records
for Pitkin County for utilities and private roads, Document No.
107171, in Ditch Book 2A at Page 249 and also easements as
ihoc,rn on the plat of said Subdivision by Document No. 106387 in
Ditch Book 2A at Page 244 of the records for Pitkin County,
Colorado.
14. Easement of the Salvation Ditch as now constructed d in use.
15, Additional restrictions that no struc s except fen s shall
be built on the West one -half of Lot 8 n that no str ctures
built on Lot 8 shall exceed 18 feet in ht above average
grade as contained in Peed corded in B k 187 at Page 151.
16. Easement and right of way g .e ed to Aspen etropolitan
Sanitation District as set f,r_ and described in instrument
recorded Septemb 13, 1972 1 ok 266 at Page 842.
17. Easement and righ of way grant to Mildred A. Ramer as set
forth and describ in instrument recorded November 21, 1983 in
Book 281 at Page 6
NOTE: Policies iss hereunder will be subiect to the terms,
conditions, and exclusions set forth in the ALTA 1987 Policy
form. Copies of the 1987 form Policy Jacket, setting forth
said terms, conditions and exclusions, will be made available
upon request.
�2
Page
W55 (50M BIBS)
STEWART TITLE
GUARANTY COMPANY
4-
r:
r
i
CONDITIONS AND' STIPULATIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or
oV
other security ,instrument. sa
i to _
2. If the proposed Insured has or acquires, actual knowledge of any defect, lien,
.encumbrance, adverse claim or other matter, affecting the estate or interest or
mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in
writing, the Company shall be relieved from liability for any loss or damage
-,'.resulting from any act of reliance hereon to,,the extent -the Company is prejudiced;r e-' "r
by failure to so disclose such knowledge. If the proposed Insured shall disclose such)
knowledge to the Company, or' if the Company r otherwise acquires • actual
knowledge, of: any such defect, lien, encumbrance,- adverse` claim or other" fnatter,'r''
the Company at its option may amend Schedule B of this Commitment >
accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.,
vN
3. Liability of the Company under this Commitment shall be only to the named,
proposed Insured and such parties included under-the definition of Insured in the
form of policy or policies committed for and only for actual loss incurred.jn
reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire.or
create the estate or interest or mortgage thereon covered by this Commitment: In [
no event shall such liability exceed the,amount stated in Schedule A for the poi{cy
or policies committed for and such liability is subject to the insuring provisions and
the Conditions and Stipulations and the exclusions from coverage of the form of
policy or policies committed for in favor of the proposed Insured which are hereby
incorporated by reference and are made a part of this Commitment except as
expressly modified herein.
•T„
A�
V .,. .n
_fy ,
A•
w�
4. Any claim of loss or damage, whether or not based on negligence, and which arises
out of .the ,status of the title to the estate or- .interestzor.the lien,of,the insured'.a; = ;sir`,,,.','
mortgage covered hereby or any action asserting such claim; shall be'restricted to°
the provisions and Conditions and Stipulations of this Commitment.
t
1 ".pro:
STEWAII17 TITLE F; a
GUARANTY COMPANY
All notices required to be given the Company and any statement in writing required to
be furnished the Company shall be addressed to it at-P.O. Box 2029, Houston, Texas
77252, and identify this commitment by its printed COMMITMENT SERIAL NUM-
BER which appears on the bottom of the front of the first page of this commitment.
I Onrc a tra acuun Cone 7 End or n.i Cone 10 sl.,P Cede 13 Sou .1 Bas ness
1MMITMENT: 1 Dale Income Repo,Ted 5 L.abJny a End.......... d C6a,'a 11 Cnuma Cnde 14 C.- ..samn Rereeeon
3Case Ru,abe, 60,a,9e 9lomi Re,. ^R.W11, 1".
1
3
4
5
6
7
9
10
12
14
0
0
0
2
P
11
13
M
M
M
M
La"ers Title Insurance Corporation
National Headquarters
Richmond, Virginia
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1 Effective Date July 7, 1987 at 8:00 A.M.
2 Policy or policies to be issued
(a)
® ALTA Owner's Policy —Form 8- 1970IRev. 10 -17 -70 & Rev. 10.17 -84)
O ALTA Residential Title Insurance Policy -1979
Proposed insured: ROBERT W. MJSSER and MSRCIE J. M1SSER
(b) ALTA Loan Policy, 1970 (Rev. 10 -17 -70 & Rev. 10- 17 -84)
Proposed insured:
(C)
Proposed insured
Case No. PCr- 931 -87 -'2
4 111 11 p;_ull lv
Amount
Amount 5
TAX CERTIFICATE
3 Title to the fee simple estate or interest in the land
described or referred to in this Commitment is at the effective date hereof vested in:
WILLL41 C. SLAM
4 The land referred to in this Commitment is described as follows:
LOr 9, BLOCK 2,
PITKIN GREEN SUBDIVISION,
CaRM OF PIMN, STATE OF COLORADO
�y
$ 5.00
Countersigned at Ash Colorado Commitment No. PCT- 931-87
Schedule A —Page 1
This commitment 1s invalid unless
Authorized Officer or Agent the Insuring Provisions and Sched-
Form No. 91.88 ISCH A) ules A and 8 are attached.
rJ
Lawyers Title Insurance Corporation
National Headquarters
Richmond, Virginia
SCHEDULE B— Section 1
Requirements
The following are the requirements to be complied with.
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest
to be insured
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record,
to -wit.
(1) Deed from : WILLIAM C. STALEY
to : ROBERT W. KISSER and KAXIE J. KISSER
(2) Certificate from the Haneamers Association evidencing the fact that all fees and e::penses currently
due and payable have been paid in full and are not delinquent.
(3) Certificate of Nonforeign Status, signed by WILLIAM C. STAIM.
V�
This commitment is invalid unless
the Insuring Provisions and Sched- Schedule B- Section 1 -Page 1- Commitment No PCf- 931'87
Liles A and B are attached.
Form No 91.88(8 -1)
hniers Title Insurance Corporation
NATIONAL HEADOUARTERS
RICHMOND, VIRGINIA
SCHEDULE B— Section 2
Exceptions
The policy or policies to be issued will contain exceptions to the following unless the some are disposed of to
the satisfaction of the Company:
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 heretofore or hereafter furnished, im•
posed by low and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in
the public records or attaching subsequent to the effective date hereof but prior to the date the
proposed insured acquires of record for value the estate or interest or mortgage thereon covered
by this Commitment.
6. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water
or sewer service, or for any other special taxing district.
7. Reservations and exceptions as contained in United States Patent recorded May 3, 1892, in
Book 55 at Page 24, as follows: right of the proprietor or a vein or lode to extract and
remve his ore therefran, should the sate be found to penetrate or intersect the premises,
and right of way for ditches or canals constructed by the authority of the United States.
8. Easenents and the tens, conditions, and obligations pertaining thereto, as set forth in
instnarents recorded in Book 182 at Page 205 and in Book 182 at Page 217.
9. Tens, conditions, and provisions as set forth in Declaration of Trust recorded August 28, 1957
in Book 182 at Page 220; in Agreement recorded April 14, 1958 in Book 183 at Page 427; in
Agreerent recorded July 28, 1958 in Book 184 at Page 367 and Amendment recorded January 21, 1969
in Book 239 at Page 116, and Declaration to Continue the Existence of Trust in Book 425 at Page 685.
10. Easements for utilities purposes and right of way for private road as shown on the Plat
recorded in Plat Book 2A at Page 244.
II. Easerent for underground power and telephone as shown on Map recorded in Plat Book 2A at Page
249.
12. Right of way for sewer easement as shown on Map recorded in Plat Book 4 at Page 285, and as
granted to the Aspen Metropolitan Sanitation District in instrurent recorded September 5, 1972
in Book 266 at Page 593.
Exceptions numbered NONE are hereby omitted.
The Owner's Policy to be issued, if any, shall contain the following items in addition to the ones set forth above:
(1) The Deed of Trust, if any, required under Schedule B— Section 1, Item (b).
(2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing issuance
thereof; water rights, claims or title to water.
(3) Any and all unpaid taxes, assessments and unredeemed tax sales.
Schedule B— Section 2 —Page 1 —No.
Form 91.88 82 Rocky Mt
n35.t.ma.n4 .- -.AIL,
- Leuryors Title Insurance Corpdration
National Headquarters
Richmond. Virginia
COMMITMENT FOR TITLE INSURANCE
LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, for valuable
consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land
described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions
of Schedules A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or
policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this
Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or
policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is notthe
fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer oragent.
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when
countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is
effective as of the date shown in Schedule A as "Effective Date."
CONDITIONS AND STIPULATIONS
1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other
matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Companyshall be relieved
from liability for any loss or damage resulting from any act of reliance hereon to the extentthe Company is prejudiced
by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if
the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other
matter, the Company at its option mayamend Schedule B of this Commitment accordingly, but such amendment shall
not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and
Stipulations.
Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties
included under the definition of Insured in the form of policy or policies committed for and only for actual loss
incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or(b)to eliminate
exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered bythis
Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies
committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the
Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are
hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company
arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this
Commitment must be based on and are subject to the provisions of this Commitment.
L
B�U%jws 1111 le lns8 Cw ffallon
v (t�Y�M Cl CIA 6U_
President
Attest:
Secretary.
1111:- A1111,1 U -'T ON CONFERENCE SUMMARY
PROJECT:
AI�PLICANT' S REPRESENTATIVE:
REPRESENTATIVE'S PHONE:
OWNERS NAME: 1 -�2)�� R
SUMMARY
1. Type of Application: G,j"I;z) )! l)ISlon 4� \�'r' \i'Yo1'1
2. Describe action /type of development being requested:
`C L I )A E /\ 1, ;" T -) et � — 1t1 � �a ��T a., -L 11 L
3. Areas in which Applicant has been requested to respond, types of
reports requested:
Policy Area/
R— eferlral Agent
Comments
4. Review is: (P &Z Only) (CC /BOCC Only) (P&z then to CC /BOCC)
5. Public Hearing: (YES) (NO)V-'
6. Did you tell applicant, to subm }t list of ADJACENT PROPERTY
OWNERS? (YES) (NO) ✓Disclosure of Ownership; (YES) ✓p:(NO)
7. what fee was applicant requested to submit: �b ga. ov rt1ip �1 �11aR1t�ib
�]'15; TOTAL
8. Anticipated date of submission:,\ 1
9. COMMENTS /UNIQUE CONCERNS: -ro HCPLY 511 (�1j TI�� o6LC�1�� 7j
�) �'� } -�� 5 �= �-� � )n r• �: -�' �a �� � �Ttk'f E��'1F fi�� ��� „� A o1�1i�Y� TAT LE.
�NEn LOT 1 A6 C'R'aA1eb � WST�>rR (LA- (n \l x115
__I ;:.�P�9.i1G : 1%AV:: �,1);= rZ i�i'�>✓t1 0 1111F'O .
t-Y
S of ow Yw 26A aA .
0a� - ga
AS 'ITKIN PLANNING OFFICE
130 S. Galena
.spen, CO 81611
(303) 920 -5090 C,)- `73 5 -e ll 3 J /O�Z-
LAND USE APPLICATION ' S
City
00113- 63250 -134
00113- 63270 -136
00113 - 63280 -137
00113- 63300 -139
00113 - 63310 -140
00113- 63320 -141
Referral Fees:
GMP /Conceptual
GMP /Final
Sub /Conceptual
Sub /Final
2 -Step
1- Step /Consent
00125- 63340 -205 Envir. Health
00123- 63340 -190 Housing
00115- 63340 -163 Engineering
Sub -Total
County
00113 - 63160 -126
00113- 63170 -127
00113 - 63180 -128
00113 - 63190 -129
00113- 63200 -130
00113- 63210 -131
00113- 63220 -132
00113- 63230 -133
00113- 63450 -146
Referral Fees:
GMP /General
GMP /Detailed
GMP /Final
Sub /General
Sub /Detailed
Sub /Final
2 -Step
1- Step /Consent
Board of Adjustment
00125- 63340 -205 Envir. Health
00123- 63340 -190 Housing
00113- 63360 -143 Engineering
Sub -Total
Planning Office
Sales
00113 - 63080 -122
City /County Code
00113- 63090 -123
Comp. Plan
00113 - 63140 -124
Copy Fees
00113 - 69000 -145
Other P &Z Sales
Sub -Total
TOTAL
Name:
Address r F
Check #
Additional Billing:
Phone
Proj ct
ilr �
Date. G
# of Hours:
... . . .. ... ..
v . 'r
N68"58'F26 4E�
17
50 6
30'
f i A,,; IS O1 B1 A f IN('), U, C f h G S
. .. ..... .....
ar
fa"
LOTS 8 & 9 Bll=0CK 2 GREEN SBD
PR1 :,Vl00")' 1 INL
ra
1.013 8AND 9 N11,
/11, t . ...... .. . ..
7 ..... ..... .......... ..
Oro,,
.................
lb
1-01' 8
........ ... 7,
IV q)
0 1 SAS
Ij . ....... ........ . . I . ... . ...... . .... . . I . ..... . . ....... . ....
90
120
Alpine Surveys,, lifia,
Flost Off icq� 13cm 1730
Aspen, (Wo)ado 81612
3W 925 2668
61
C0111111,0RIADO
I I [ I pl! " I
[1�'Olf 8
0",
I'll.,
1"KIN &&l:'fl
BEGINNING A`T 'i'HE SOL11"HWES'l"ERLY CORNIzIR C)F LOT 8,
2 , P11- KIN GREEN SUBDIVIS10N, P11-KIN
COUN'ry
G C)1 ... ORAD();
Y (,'()T4NER 01 Lfffa;
71-1 E N G E: I N 09" 12'00"E 94-52 FEE- I';
N 37 I� 40' o C,5 I W
TH EN CE, s 6) 00 40'00 El 96 OFE111,
DAY OF'
"T'HENCE N 019" 12'00"F 9(1 70f�q,-Fr-f
'I
55,2`. ,l- FEE l' ALONG THE ARC OF A ("O.11"61E
'F 1- 1 i"'." N G E S 60" 4606"E 6'6 69 fq�E`f;
... . . .. ... ..
v . 'r
N68"58'F26 4E�
17
50 6
30'
f i A,,; IS O1 B1 A f IN('), U, C f h G S
. .. ..... .....
ar
fa"
LOTS 8 & 9 Bll=0CK 2 GREEN SBD
PR1 :,Vl00")' 1 INL
ra
1.013 8AND 9 N11,
/11, t . ...... .. . ..
7 ..... ..... .......... ..
Oro,,
.................
lb
1-01' 8
........ ... 7,
IV q)
0 1 SAS
Ij . ....... ........ . . I . ... . ...... . .... . . I . ..... . . ....... . ....
90
120
Alpine Surveys,, lifia,
Flost Off icq� 13cm 1730
Aspen, (Wo)ado 81612
3W 925 2668
61
C0111111,0RIADO
I I [ I pl! " I
[1�'Olf 8
lZ
I'll.,
1"KIN &&l:'fl
BEGINNING A`T 'i'HE SOL11"HWES'l"ERLY CORNIzIR C)F LOT 8,
2 , P11- KIN GREEN SUBDIVIS10N, P11-KIN
COUN'ry
G C)1 ... ORAD();
Y (,'()T4NER 01 Lfffa;
71-1 E N G E: I N 09" 12'00"E 94-52 FEE- I';
N 37 I� 40' o C,5 I W
TH EN CE, s 6) 00 40'00 El 96 OFE111,
DAY OF'
"T'HENCE N 019" 12'00"F 9(1 70f�q,-Fr-f
'I
55,2`. ,l- FEE l' ALONG THE ARC OF A ("O.11"61E
'F 1- 1 i"'." N G E S 60" 4606"E 6'6 69 fq�E`f;
H,IAVINU
"T TI E N 0", E 8 001121.2 9 Oo"W 118 62 FEE 'T ro
�. , , 11 , 1�
()I') FEE-1
"I Ii E N C, E N 60" 2 G'(K) X E5 2 130 FE E"I"
'r'l E
I N G, E 15 9' 0 0 w 3 El - 0 0 F ET
;2 Al, 8 F "EE "T,
I'l f E N E N 4a9 "5 "4' (N)"W
Tllf'�,:NCE
"rHENCE 53-7C FFEl AI 0146 i"HE'AR( OF
A CURVE -ro -n-w
t-EF I' HAVING A RADIUl,'; O)F' 15()-00 FEE'r
rtik' CHORD OF
WHICI-1 6EAfiS N 77" 26430"W 5-3-47 FEEl"
10111E POINT OF
BEGINNING CONTAINING 31,037 SQ1,1dIRE
FEE r MORE ()Et
I
DESCMPTION OF ADYUS1 ED LOT 9
HF-jINNING P'T, n a.' SOU"THF.NN 40c)l' (',(X'�NFJ�
017
I I 1 01, 1) ti 1-0� X '2
I'll.,
1"KIN &&l:'fl
l'EIDIVI'SION, PI'l KIN (l'f.)lj5kAD0'
COPtNF'R
REANG S THE ,, AS
111I SOUTHWE!"J EEL
Y (,'()T4NER 01 Lfffa;
I I lE II(IfF
N 37 I� 40' o C,5 I W
313,A1 FEEIT;
DAY OF'
, l il
�� - / - 111- - Ir � -,
55,2`. ,l- FEE l' ALONG THE ARC OF A ("O.11"61E
1"OfliE FTIGH"F
H,IAVINU
A OF I'll"
�. , , 11 , 1�
()I') FEE-1
8" 5 8' 0 0"
;2 Al, 8 F "EE "T,
Tllf'�,:NCE
t OA
N ",4 "") "9 () () E
, ,
1.1),11115 FT-"E'T'-
TIIE�ACEI'
N(;,';`O 'l'00"E
9k1 -2I F EE
P11"KIN
,I]IF".NCE
"13 84" 00" Ef
K)6-17FE-E-T
110 N("6"
13 09-ilG'�l wb"��
I A I - cm Fiiili-!
'I HE N( E
IS 66- /TI), OOHE�
94# 40 1 f, i r
T'HFN(',E
`, (')l9"` 1 00 W
96 70 PEET,'
Tih.�NCL-
N GO` 66"w
flE, Et
flif"NICE
S O"D "" 12, 0 (Y'W
94-52. 1 EET TO Tffl-'.
POINT C)1 I9E(3'INNIN(3
CONI'l"AINI N6 1•245 AC RE,13
MORE OR t-ESS,
M M 11 S S 110 Nid ll:,71'116 All"PROVAIL
J1' JN(:; /V),H,JSTIAFAlr' W.v.;
rHE H IXI N GOUN'Yy 1,30AR1" 0'
1981 - By NESIOLUl-ION No-151`1-U.
T H I "I APFIROV,d, !)OE.(; qo'l' �,�'XrEyy 'ro Hl"Rll 1E, 1)' WAl"IFE DISFIOS
('Y�'l'EMS z I' � 3A L
S OR ANY �AERVICF' F'ACH- FTIEO,
I I A I I IM A N DA117
VICINITY MAP SGAIJ I "= 1000'
A
j
j
j,
...........
a Airveyed NOV DEC , 19&M Revisions 3o i f)afi
Drafted 42.EO DECI. 1988
4,
qmqm I I ....
""11111W
11 Wlul"ulm p 11 unnlwryp
it 'h`rwmC �JSIDN MTKIIN C0k:WTY
� [p:
CER'lllHl((:!A'11T
KNOW At L MEN By 'HiESE F)RESE'N'TS 'THAI ROBE FT W. mUSSER
AND MA RCIE J, MUSSER AS OWNERS" 01" L01' I.), BI X)CK 2
I"ITKIN GliEEN ",)UBQ. AND 111E ROB ERl' MUSSER TRUST UIA 1p-,/26/7,3,
OWNS It (.)F LOT` 8 E31, )CK 2,, PrrKIN GREEN SU130, PI-1-16N '
COMA �'Y riAbo NAVE RESUBDIVII)ED AND AMENDED nlE
�OMMoa COLO
(30LINDARY LINE BEJWEEN 1-0 T 9 AND L0'r 8 AS
SHOWN HEREON,,
FOXECOTED
DAY OF Z, 19 8
ROBIERT MUSSEER 1111 JS r,
ROBER'l' W. MUS")H'I!,OWNER BY� ROBI-MY
MA RCti:." J. MI-1,,,. >1 R, OWN[�'R BY° MARclt., Ik MUSSEI'R I"I° US'l'EF
,�,IA 'E Of �'
(.10TLI IN"I"Y OF t',
FHE FORE�GOIN(i OWNf:JV.;' CER11FICAI-E- WAS ACKNOWL-EDGE�.1) BEFORE
t4E Tlilo I)AY OF" ay fwrwfur W, mu,nu ,
[XkLk ROBERI MU, Ef�, WITNESS MY - I I I AN 1) A �l ND Of FICIAL. SEAL,
-)MMISS)ION E XfJJRES.
q
S I'Al' E OF
THE F'ORE(30ING WAS AG KNOWL E DGE 1) [,,1 FORE:
N!E 111IS DAY OF- 19 BY MARCIE J. MUSSER,
Y/11'NESS MY HAND AND OFFICIAL SEAL,
N/), COMMIS,1319N EXPHIESI� j
MJ,r/" kY PU 61-10
1'R)J CCU VEY( RS A" E ICS 11HICATE
I , DANIEL I. Me 41ENZI1 , HEREBY El'("TIFY "T "HA"T ' flit, MUl`)f,3ER
L Ol' L I N E : ADJUSTMENT FILA"I WAS F'REPARED UNDER MY
'31UPERVISI(N AND'T]IA,r THE LOCA11ON OF` THE 0UFsIDf'
fVIDUNDARY ROADS AND O'T'HER f"E"ATURES ARE ACCURAl"ELY
16I)IND clolif-UN` I Y 1131iowN HE REEON "I"ElAl' "T 'HE SAME AflE
BASED ON FIE -D SURVEYS AND rHAT i'llE PLAT'T'El) Sl I'E'
CON ORMS 'T'O l`HA'r STAKE ON THE (3ROUND IN ACCORDAN
WITH ARTICI-E l5i (,)F:' rrrLE '15EI Or" COLORADO RE'VISEI) '31'APJI`E!",
ALP NE '33JRVEYS, IN(;, By^ DAN I E 1- E. MIKE NZ IE
MARCH ...'-Z4,2:111- --, 1980 I-S,20151
U ( \\ vCNIO,
INHE I (CY(ORK ) >EWS /,A\,C(( I �,',`ITAUNV [E
flil" I'l
F"OR FIL
NT' OF 1
S
HE MUSSER LOT'IANE
n
ADJUSTMEXY is ACCEFYFED
ING IN
COUNT Y,
1`11E OFFICE ()f�l
col,X)RADO "111
I ERK AND RECORDER OF
'� 7 r 4
I ' � 0
DAY OF'
, l il
�� - / - 111- - Ir � -,
C
A-OCK
19 8 �4tL IN P 1. AEI ` F 0 00 K Al
PAGE"
RECEP"HON N0-,---2
P11"KIN
CO(Wry
CLERK AND RECORDER
I(k 111i'mmI, I
6m ... . ... . ... .... 0
I
P07_A-<.�91
Tille
Job Na 8 8 -
Hvil il I% (""eglt MLJS,c6)'ER
k
kAJ JT
ul,