HomeMy WebLinkAboutpitkin.planning.291102300023 (2014)4/19/2016 Pitkin County Mail - New Address Assigned: Conundrum Creek Rd
1FK114
OuivTV Bonnie Shiles <bonnie.waechtler@pitkincounty.com>
New Address Assigned: Conundrum Creek Rd
message
Alex Durant <alex.durant@pitkincounty.com> Wed, Apr 6, 2016 at 1:36 PM
To: adele.l.lujan@usps.gov, William Mast<william.mast@pitkincounty.com>, bharding@basaltfire.org, Bonnie Shiles
<Bonnie.Waechtler@pitkincounty.com>, Parker Lathrop < parker. lathrop@aspenfire. com>, Brian Pawl
<Brian.Pawl@pitkincounty.com>, Brian Pettet<Brian.Pettet@pitkincounty.com>, bstott@basaltfire.org,
director@pitkin911.org, Cory Garske <Cory.Gars ke@cityofaspen. com>, Dawn Sager
<dawn_sager@cable.comcast. com>, Karla Cahill <karla.cahill@pitkincounty.com>, Debby Payne
<Debby.Payne@pitkincounty.com>, Gabby Edwards <Gabby.Edwards @pitkincounty.com>,
gavette@carbondalefire.org, Ginny Bultman <Ginny.Bultman@pitkin911.org>, dispatch@pitkin911.org, Janice Vos
<Janice.Vos@pitkincounty.com>, Jim Wilson <jimw@basalt.net>, Joanna Schaffner
<Joanna.Schaff ner@pitkincounty.com>, Kathy Rogo <Kathy. Rogo@cityofas pen. com>, karen.k.heier@usps.gov,
Kurt Dahl <Kurt.Dahl @pitkincounty.com>, Lea Vasten - Meredith PO <Leatrice.E.Vasten@usps.gov>, Lee Ledesma
<Lee.Ledesma@cityofaspen.com>, Linda Manning<Linda.Manning@cityofaspen. com>, Mary Lackner
<Mary.Lac kner@pitkincounty.com>, Omaha. AMC@centurylink. com, Ray Gendron
<Ray. Gendron@pitkincounty. com>, Scott Thompson <sthompson@basaltfire.org>, Sheila Babbie
<Sheila.Babbie@cityofaspen.com>, Susan Pearson <Susan.Pearson@pitkincounty.com>, USPS Carbondale
<carrie.katsis@usps.gov>, USPS Old Snowmass <Debra.K.Reams @usps.gov>, Vicki Monge
<Vicki.Monge@pitkincounty.com>, Fran Soroka <Fran.Soroka@pitkincounty.com>, Gary Tennenbaum
<Gary.Tennenbaum@pitkincounty.com>, Reza.E.Tehrani@usps.gov, Scott Mattice
<Scott.Mattice@pitkincounty.com>, Tyler Lambuth<tyler.lam buth@pitkincounty.com>, Kristi Long
<kristi.long@pitkincounty.com>, Jan Patterson<jan.patterson@pitkincounty.com>, Claude Salter
<claude.salter@cityofaspen.com>
Date: 4/6/2016
Effective Date: 4/6/2016
New Assigned Address:
41A
i'I'KINNZ`�
ou
ADDRESS NOTIFICATION
828 Conundrum Creek Rd
Aspen, CO 81611
Former Address: This property may have been referred to as 874 Conundrum Creek Rd
in the past
Reason for Assignment: New Single Family Residence
Parcel ID: 291102300023
Property Owner Name: Cassinelli Julie REV TRUST
https://m ai I.googl e.com/m ai I/u/0/?ui = 2&i k=661115d810&vi ew=pt&cat= Inbox%2F Inform ation%2FAddressi ng&search=cat&th=153ed13f1f2aOdc8&si m 1=153ed13f... 1/2
4/19/2016 Pitkin County Mail - New Address Assigned: Conundrum Creek Rd
Note: This address is for a new Single Family Residence on a vacant parcel.
Please contact for any questions or Further Clarification.
Thank You,
Alex Durant
�trrcity Alex Durant
CoUxT'; Public Safety GIS Analyst, Pitkin County Government I BITS
Phone: 970.429.6113 (0) // 970.3o9.1783 (C)
GEOGRAPHIC INFORMATION SYSTEM Email: alex.durant@pitkincounty.com
Address: 53o E. Main St., Garden Level, Aspen, CO 81611
• 2016 - 13, map.pdf
2644K
https://m ai I.googl e.com/m ai I/u/0/?ui = 2&i k=661115d810&vi ew=pt&cat= Inbox%2F Inform ation%2FAddressi ng&search=cat&th=153ed13f1f2aOdc8&si m 1=153ed13f... 2/2
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828 Conundrum Creek Rd
Aspen, CO 81611
Single Fam Residence
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CIINAddress Assignment
COUNT Date: 4/6/2016
Legend
• Addresses Parcel Boundary N
Driveway Road Centerline 1:4,500
HAAS LAND
May 21, 2014
PLANNING, LLC
Mr. Mike Kraemer, Planner
Pitkin County Community Development Department
130 South Galena Street
Aspen, Colorado 81611
With copies to: Lance Clarke, Deputy Director
John Ely, County Attorney
RE: "Steinmetz Parcel B" Metes and Bounds Property Merger Review (Parcel ID
2911 - 023 -00 -023)
Dear Mike, Lance and John:
My clients, Sebastiano Paiewonsky Cassinelli and Julie Cassinelli (the "Applicants "), are
under contract to purchase the above - captioned property (the "Subject Property"),
which is depicted and described on the "Amended Boundary Map of Parcels A and B,
Marta Steinmetz Property, recorded in Plat Book 93 at Page 88, Pitkin County,
Colorado, prepared by Sopris Engineering, LLC (the "Amended Boundary Map "). In
connection with the Applicants' due diligence investigation of the Subject Property, the
Applicants desire to obtain a "merger determination" from Pitkin County confirming
the non - merger of the Subject Property with adjacent lands. This letter and the
accompanying materials shall constitute the Applicants' formal request for merger
determination with respect to the Subject Property.
With this letter, I attach the following: (1) a Pitkin County Pre - Application Conference
Summary dated April 29, 2014; (2) a current 24" by 36" survey of the Subject Property
(includes a vicinity map); (3) a disclosure and proof of ownership of the Subject
Property in the form of a current title insurance commitment issued by Stewart Title
with respect to the Subject Property; (4) a May 12, 2014 letter from Marta Steinmetz as
the owner of Subject Property authorizing the filing of this application; (5) a legal
description of the Subject Property, together with a letter from the Applicants dated
May 12, 2014 and authorizing Haas Land Planning, LLC to file this application; (6) a fee
agreement with Pitkin County signed by the Applicants; and (7) a check in the amount
of $936.00 as payment of the required application fee.
As noted above, Marta Steinmetz is the current owner of the Subject Property, as
provided for in that deed dated February 7, 1966 from Bedelia E. Tiedman, Thomas S.
Crosby and Maymie E. Kearns, and recorded in Book 219 at Page 21, Pitkin County,
Colorado. A copy of Ms. Steinmetz's vesting deed is attached hereto as "Exhibit A ".
000001 0 -� O)t5�
Steinnretti Parre! B Non- Alemer Renieiv
May 21, 2014
Page 2
As you are aware, the Golden Spirit Triangle, LLC property, known as "Parcel A" (as
also described and depicted on the Amended Boundary Map, a copy of which is
attached hereto as "Exhibit B "), recently received Pitkin County approval for an Activity
Envelope and said approval (Administrative Decision Number 25 -2014, recorded as
Reception Number 609279) contained the following recital:
The parcel [Parcel A] has been subject to a previous merger anal vsis and boundary dispute.
In question are two parcels owned by the Applicant commonly referred to 'Parcel A" and
'Parcel B ". The Applicant has represented a parcel configuration as depicted by the
boundaries on the survey by Sopris Engineering LLC dated 6127113. This boundary
configuration will be used to review the proposal. The Community Development Director
has reviewed the legal descriptions of both Parcel A and Parcel B, and finds that the
Applicant has provided a survey that accurately depicts the boundaries of Parcel A. The
Director further finds that, Parcel A in accordance with its legal description and surveyed
boundaries, is not contiguous with Parcel A and therefore, is not merged pursuant to
Section 9- 20- 20(a).
The Applicants desire a similar determination with respect to the Subject Property. As
such, a formal determination of non - merger for Parcel B is hereby requested.
With regard to the implications of Section 9 -20 -20 of the Code relative to the Subject
Property, there has not been "common ownership' of contiguous substandard size lots
or parcels with which cumulating could occur. That is, as demonstrated below and
with the various attachments associated herewith, Ms. Marta Steinmetz has owned the
Subject Property since 1966 and she does not and has not owned any contiguous
substandard parcels; consequently, the provisions of Section 9 -20 -20 do not apply to the
Subject Property and there is no merger of Parcel B with any contiguous lots or parcels.
Furthermore, the fact that the Subject Property was legally created some twelve (12)
years prior to June 12, 1978 means it retains a growth management exempt
development right for up to 5,750 square feet of residential floor area pursuant to Code
Section 6 -30 -100, with the exercise of such development right remaining subject to
Activity Envelope and Site Plan Review approvals.
As depicted on the Amended Boundary Map, the Subject Property appears to be
bounded on its four sides as follows: (1) the easterly and southeasterly sides by lands
owned by "Marc Mathys as custodian for Jarreau Mathys, as to an undivided 50%
interest, Marc Mathys and Cristina Mathys, as custodians for Neyo Mathys as to an
undivided 25% interest, Marc Mathys and Cristina as custodians for Sevrin Mathys, to
an undivided 25% interest, all under the Colorado Uniform Transfer to Minors Act" (the
"Mathys Property "); (2) a common southerly corner with Parcel C, Steinmetz Parcels, as
also depicted on the Amended Boundary Map ( "Parcel C "); (3) the westerly side by
000002
Steinmetz Parr el B 1Von- yUerger Review
Alit' 2/, 2014
Page 3
lands owned by MW III Aspen ,LLC; and (4) the northerly side by a "gap' parcel (the
"Gap Property") located north of Steinmetz Parcel B and south of Conundrum Road.
For your convenience, in addition to the Amended Boundary Map, I also attach a
current ALTA /ACSM Land Title Survey of the Subject Property prepared by Sopris
Engineering, LLC and dated May, 2014 (the "Current Survey "), attached to this letter as
"Exhibit C ". The Current Survey depicts an approximately two to three foot gap
between the Subject Property's easterly and southeasterly sides and the Mathys
Property, as well as an approximately four foot overlap onto the MW III Aspen, LLC
property to the east. The Current Survey also confirms that the Subject Property and
Parcel C in fact do not touch, and instead, their respective corners are approximately
four feet apart. With respect to these gaps and overlaps, Note 7 of the Current Survey
states as follows:
THE PROPERTIES SHOWN HEREON ARE DESCRIED BASED ON THE
RECORD BEARINGS AND DISTANCES SHOWN ON THE PLAT OF
H.E.S. 112, ORIGINAL STONE MONMUMENTS FOR THE H.E.S.
CORNERS WERE LOCATED AS PART OF THIS SURVEY. HOWEVER,
THE FOUND POSITIONS OF THESE MONUMENTS, ... DIFFER FROM
SAID RECORD PLAT, AS SHOWN HEREON. THE RECORD PROPERTY
DESCRIPTIONS, SHOWN ON THIS SURVEY, ARE POSITIONED BASED
ON THE FOUND H.E.S. NO. 112 CORNER MONUMENTS AND THE
SAID DESCRIPTION TIES TO THEM, WHICH CREATES THE
APPARENT GAPS AND OVERLAPS IDENTIFIED HEREON.
As shown on the Current Survey, and based upon the above survey note, it therefore
appears that the Subject Property is actually surrounded on three sides by the Gap
Property, and on the west side by the MW Aspen III, LLC property.
With respect to the Gap Property, this property was not included in, or conveyed by,
any of the deeds of record for the surrounding properties when the original Homestead
Entry Survey No. 112 common grantor conveyed these parcels. As such, the Gap
Property has never been legally described or surveyed, and has no other parcel
identification information. In order to clarify ownership, in 2013 Sopris Engineering,
LLC prepared a metes and bounds legal description of the Gap Property. The legal
description was then submitted to Stewart Title Company for determination of
ownership. In response, Stewart Title issued a Written Ownership Report dated
January 16, 2014 (attached hereto as "Exhibit D" and which has previously been
provided to the County). This Written Ownership Report identified Bedelia E.
Tiedeman, Thomas S. Crosby and Maymie E. Kearns as the apparent owners of record
of the Gap Property. Stewart Title also provided a certificate of non - merger for the Gap
Property (attached hereto as "Exhibit E ") indicating that at no time since May 8, 1972
000003
Steimv le&, Parr el B Non- Aleiger Rerietr
May 21, 2014
Page I
had any tracts adjacent to the Gap Property been held in the same name or names as the
apparent owners of record of the Gap Property.
In addition to the above matters, I also attach as "Exhibit F" to this letter a Certificate of
Non - Merger with respect to the Subject Property, prepared by Chuck Dorn of Stewart
Title, Glenwood Springs Division on May 15, 2014 (the "Parcel B Non - Merger
Certificate "). The Parcel B Non - Merger Certificate certifies that at no time since May 8,
1972 has title to any tract adjacent to the Subject Property been titled in the same name
as the Subject Property. Mr. Dorn has also separately confirmed that Marta Steinmetz
has continuously owned the Subject Property since 1966. As such, the Subject Property
has remained in Ms. Steinmetz's ownership for more than 48 years, which is well before
May 8, 1972, when Pitkin County enacted its "merger' ordinance. Based upon the
foregoing, the Applicants respectfully request that Pitkin County confirm in writing the
"non- merger" of the Subject Property. Should you have any questions or desire
additional information, please do not hesitate to contact me.
Very truly yours,
Haas Land Planning, LLC
Mitch Haas
Owner/ Manager
cc: Curtis B. Sanders, Sherman & Howard, L.L.C.
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PARCELS
AMENDED BOUNDARY SURVEY MAP OF
A AND B, MARTA STEINMETZ
A TRACT OF LAND LYING WITHIN THE BOUNDARIES OF THE
HOMESTEAD ENTRY SURVEY NO. 112, WITHIN SECTION 2,
TOWNSHIP 11 SOUTH, RANGE 85 WEST OF THE 6th P.M.
COUNTY OF PITKIN, STATE OF COLORADO
SHEET 2 OF 2
AMENDING THAT BOUNDARY SURVEY RECORDED UNDER RECEP77ON No. 512259
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SOPRIS ENGINEERING _- LLC
CIVIL CONSULTANTS
502 MAIN STREET. SUITE AS
CARBONDALE, COLORADO 81823
1970) 704 -0311
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0
Stewart title
Stewart Title —Glenwood Springs
1620 Grand Avenue
Glenwood Springs, CO 81601
WRITTEN OWNERSHIP REPORT
Date: January 16, 2014
LEGAL DESCRIPTION:
SEE EXHIBIT A ATTACHED HERETO
APPARENT OWNER OF RECORD:
Bedelia E. Tiedeman, Thomas S. Crosby and Maymie E. Kearns
The liability of Stewart Title, its affiliates and associates, for any errors or omissions affecting or relating
to the information appearing in this report is strictly limited to the amount paid for this report. The
aforementioned liability is limited to the customer who ordered the report. There are no expressed or
implied warranties assuring or representing that this report is reliable for title information, and
therefore, should be verified by a Commitment for Title Insurance.
No representation is made as to the completeness, validity, or legal sufficiency of the documents
referenced herein, nor have any of such documents been examined to determine whether or not there
are any exceptions, reservations, encumbrances or other matters which might be detrimental to Title.
No search has been made for any reservations, restrictions, covenants, easements, rights of way,
mineral interests, water rights, and any other encumbrances which are not a deed of trust, mortgage of
lien.
Authorized Representative of Stewart Title
U�U�i
A PARCEL OF LAND LOCATED IN SECTION 2, TOWNSHIP 11 SOUTH, RANGE 85 WEST OF THE 6TH
PRINCIPAL MERIDIAN, AND BEING PART OF HOMESTEAD ENTRY SURVEY NO. 112; SAID TRACT ALSO
BEING WITHIN AN AREA BOUNDED TO THE NORTH BY CONUNDRUM CREEK ROAD AS BUILT AND IN
PLACE, TO THE WEST BY THAT PROPERTY DESCRIBED AT RECEPTION NO. 142360 (WITH ALL
DOCUMENTS REFERENCED HEREIN BEING FOUND IN THE OFFICE OF THE PITKIN COUNTY CLERK AND
RECORDER), TO THE SOUTH BY THAT PROPERTY DESCRIBED AT RECEPTION NO. 123450, AND TO THE
EAST BY THAT PROPERTY DESCRIBED AT RECEPTION NO. 110755; SAID PARCEL OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING ATTHE NORTHWEST CORNER OF SAID PROPERTY DESCRIBED AT RECEPTION N0123450,
WHENCE CORNER NO.3 OF SAID H.E.S. NO. 112 BEARS S65 °19'24 "W, A DISTANCE OF 1041.98 FEET
(WITH ALL BEARINGS HEREIN BEING RELATIVE TO A BEARING OF 5.53 °41'00 "E. BETWEEN SAID CORNER
NO.3 AND CORNER NO. 4 OF SAID H.E.S. 112, BOTH BEING FOUND STONES); THENCE N.55 °50'00 "E.
ALONG THE NORTHERLY BOUNDARY OF SAID RECEPTION NO. 123450 A DISTANCE OF 3.17 FEET, MORE
OR LESS TO A POINT ON THE EASTERLY BOUNDARY LINE OF SAID PROPERTY DESCRIBED AT RECEPTION
NO. 142360, THE TRUE POINT OF BEGINNING; THENCE N.25 °21'00 "W., ALONG SAID EASTERLY
BOUNDARY LINE A DISTANCE OF 75.74 FEET, MORE OR LESS, TO A POINT ON THE SOUTHERLY LINE OF
SAID CONUNDRUM CREEK ROAD; THENCE LEAVING SAID EASTERLY BOUNDARY LINE N.62 °36'16 "E.,
ALONG SAID SOUTHERLY LINE OF SAID CONUNDRUM CREEK ROAD A DISTANCE OF 55.48 FEET, MORE
OR LESS, TO A POINT ON THE WESTERLY BOUNDARY LINE OF SAID PROPERTY DESCRIBED AT RECEPTION
NO. 110755; THENCE LEAVING SAID SOUTHERLY LINE OF CONUNDRUM CREEK ROAD 5.53 °41'00 "E.,
ALONG THE WESTERLY BOUNDARY LINE OF SAID RECEPTION NO. 110755 A DISTANCE OF 72.04 FEET,
MORE OR LESS, TO A POINT ON THE NORTHERLY BOUNDARY LINE OF SAID PROPERTY DESCRIBED AT
RECEPTION NO. 123450; THENCE LEAVING SAID WESTERLY BOUNDARY LINE ALONG THE NORTHERLY
BOUNDARY LINE OF SAID RECEPTION NO. 123450 THE FOLLOWING TWO (2) COURSES:
5.45 °46'00 "W., A DISTANCE OF 2.30 FEET;
5.55 °50'00 "W., A DISTANCE OF 88.50 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
SAID PARCEL OF LAND CONTAINING 5,204 SQUARE FEET OR 0.120 ACRES, MORE OR LESS.
COUNTY OF PITKIN
STATE OF COLORADO
PROPERTY DESCRIPTION PREPARED BY:
SOPRIS ENGINEERING, LLC
502 MAIN STREET, SUITE A -3
CARBONDALE, CO 81623
DATED: DECEMBER 30, 2013
U' 0011 -,
Stewart Title
Glenwood Springs Division
1620 Grand Avenue
Glenwood Springs, Colorado 81601
Re: Tiedeman, Crosby and Kearns - Homestead Entry Survey No. 112
Board of County Commissioners, Pitkin County, Colorado:
Based upon a search of the appropriate real estate records of Pitkin County,
Colorado, Stewart Title- Glenwood Springs Division hereby certifies that at no
time since May 8, 1972 has title to any tract adjacent to the property described
below, been in the same name or names as said described tract.
See Exhibit "A" hereto and made a part hereof
This statement is neither an abstract, opinion nor guaranty of title and is
intended specifically and exclusively for the use of the Board of County
Commissioners of Pitkin County in determination of "merger of title' or lack
thereof as said "merger' relates to the applicable statues, ordinances and
restrictions of jurisdiction. It is understood and agreed that Stewart Title, neither
assumes, nor will be charged with any financial obligations or liability whatever
on any statement contained herein.
Cordially,
Chuck Dorn
Authorized Representative of Stewart Title
000011
EXHIBIT
A PARCEL OF LAND LOCATED IN SECTION 2, TOWNSHIP 11 SOUTH, RANGE 85 WEST OF THE 6TH
PRINCIPAL MERIDIAN, AND BEING PART OF HOMESTEAD ENTRY SURVEY NO. 112; SAID TRACT ALSO
BEING WITHIN AN AREA BOUNDED TO THE NORTH BY CONUNDRUM CREEK ROAD AS BUILT AND IN
PLACE, TO THE WEST BY THAT PROPERTY DESCRIBED AT RECEPTION NO. 142360 (WITH ALL
DOCUMENTS REFERENCED HEREIN BEING FOUND IN THE OFFICE OF THE PITKIN COUNTY CLERK AND
RECORDER), TO THE SOUTH BY THAT PROPERTY DESCRIBED AT RECEPTION NO. 123450, AND TO THE
EAST BY THAT PROPERTY DESCRIBED AT RECEPTION NO. 110755; SAID PARCEL OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID PROPERTY DESCRIBED AT RECEPTION NO 123450,
WHENCE CORNER NO.3 OF SAID H.E.S. NO. 112 BEARS S65 °19'24 "W, A DISTANCE OF 1041.98 FEET
(WITH ALL BEARINGS HEREIN BEING RELATIVE TO A BEARING OF 5.53 °41'00 "E. BETWEEN SAID CORNER
NO.3 AND CORNER NO. 4OF SAID H.E.S. 112, BOTH BEING FOUND STONES); THENCE N.55 °50'00 "E.
ALONG THE NORTHERLY BOUNDARY OF SAID RECEPTION NO. 123450 A DISTANCE OF 3.17 FEET, MORE
OR LESS TO A POINT ON THE EASTERLY BOUNDARY LINE OF SAID PROPERTY DESCRIBED AT RECEPTION
NO. 142360, THE TRUE POINT OF BEGINNING; THENCE N.25 °21'00 "W., ALONG SAID EASTERLY
BOUNDARY LINE A DISTANCE OF 75.74 FEET, MORE OR LESS, TO A POINT ON THE SOUTHERLY LINE OF
SAID CONUNDRUM CREEK ROAD; THENCE LEAVING SAID EASTERLY BOUNDARY LINE N.62 °36'16 "E.,
ALONG SAID SOUTHERLY LINE OF SAID CONUNDRUM CREEK ROAD A DISTANCE OF 55.48 FEET, MORE
OR LESS, TO A POINT ON THE WESTERLY BOUNDARY LINE OF SAID PROPERTY DESCRIBED AT RECEPTION
NO. 110755; THENCE LEAVING SAID SOUTHERLY LINE OF CONUNDRUM CREEK ROAD S.53 °41'00 "E.,
ALONG THE WESTERLY BOUNDARY LINE OF SAID RECEPTION NO. 110755 A DISTANCE OF 72.04 FEET,
MORE OR LESS, TO A POINT ON THE NORTHERLY BOUNDARY LINE OF SAID PROPERTY DESCRIBED AT
RECEPTION NO. 123450; THENCE LEAVING SAID WESTERLY BOUNDARY LINE ALONG THE NORTHERLY
BOUNDARY LINE OF SAID RECEPTION NO. 123450 THE FOLLOWING TWO (2) COURSES:
S.45 °46'00 "W., A DISTANCE OF 2.30 FEET;
S.55 °50'00 "W., A DISTANCE OF 88.50 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
SAID PARCEL OF LAND CONTAINING 5,204 SQUARE FEET OR 0.120 ACRES, MORE OR LESS.
COUNTY OF PITKIN
STATE OF COLORADO
PROPERTY DESCRIPTION PREPARED BY:
SOPRIS ENGINEERING, LLC
502 MAIN STREET, SUITE A -3
CARBONDALE, CO 81623
DATED: DECEMBER 30, 2013
0OU012
Parcel North of Parcel No. 291102300023
Bedelia E. Tiedman
Thomas S. Crosby and
Maymie E. Keams
000013
Stewart Title
Glenwood Springs Division
1620 Grand Avenue
Glenwood Springs, Colorado 81601
Order No. 01330 -39184
Re: Marta Steinmetz - Homestead Entry Survey No. 112
Board of County Commissioners, Pitkin County, Colorado:
Based upon a search of the appropriate real estate records of Pitkin County,
Colorado, Stewart Title - Glenwood Springs Division hereby certifies that at no
time since May 8, 1972 has title to any tract adjacent to the property described
below, been in the same name or names as said described tract.
See Exhibit "A" hereto and made a part hereof
This statement is neither an abstract, opinion nor guaranty of title and is
intended specifically and exclusively for the use of the Board of County
Commissioners of Pitkin County in determination of "merger of title" or lack
thereof as said "merger" relates to the applicable statues, ordinances and
restrictions of jurisdiction. It is understood and agreed that Stewart Title, neither
assumes, nor will be charged with any financial obligations or liability whatever
on any statement contained herein.
Dated: May 15, 2014 at 8:OOAM
Cordially,
Chuck Dom
Authorized Representative of Stewart Title
000014
SCHEDULE A
LEGAL DESCRIPTION
That portion of H.E.S. No. 112 situated in Townships 10 and 11 South, Range 85 West of the Sixth Principal Meridian
described as follows:
Beginning at a point whence Corner No. 3 o said H.E.S. No. 112 bears
North 49 °53'15" East 1077.47 feet;
thence North 25 °21' West 286.80 feet;
thence North 55 °50' East 91.67 feet;
thence North 45 "46' East 2.32 feet;
thence South 53 "41' East 221.40 feet;
thence South 36 "19' West 224.81 feet to the point of Beginning.
County of Pitkin, State of Colorado
KRIN[1
PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY
LOCATION: Conundrum Creek Road PID# 291102300023
LOT SIZE: 0.88 acres ZONE: AR -10
APPLICANTS: Sebastiano Paiewonsky Cassinelli and Julie Cassinelli
REPRESENTATIVE: Mitch Haas PHONE /EMAIL: 925 -7819 mitch(d.)hlpaspen.com
PLANNER: Mike Kraemer DATE: April 29, 2014
PHONE: (970) 920 -5482 E -MAIL: michael .kraemer(cDpitkincounty.com
Type of Application: Merger Review
Description of Project/Development: The Applicant would like a merger determination from the
Community Development Department for the subject lot. Merger legislation was enacted on June 2nd
1975 and ended on October 15`, 2003.
Land Use Code Sections to be addressed in letter of request (application):
• 9- 20 -20: Cumulating of Substandard Size Lots or parcels
Review by: Community Development Director
Public Hearing: NO.
Staff will refer the application to the following agencies: Attorney's Office.
FEES: $936 (make check payable to " Pitkin County Treasurer')
• $936 Planning Office flat fee (non - refundable; based on 3 hours of staff time. If staff review time
exceeds 3.6 hours, the Applicant will be charged for additional time above 3 hours at a rate of
$312 /hour)
To apply, submit 1 copy of the following information:
1. Summary letter explaining the request, providing background on prior approvals and permits, and
addressing compliance with the Code sections listed above.
2. 24" by 36" and 11" x 17" survey of the property
3. Merger analysis as described in Section 1.3 of the Land Use Application Manual;
4. Disclosure and proof of ownership of the property, consisting of a current certificate from a title
insurance company or attorney licensed to practice law in the State of Colorado, listing the names of all
owners of the property and all mortgagees, judgments, liens, easements, contracts and agreements
affecting use and development of the parcel and proof of the owner's right to use the land for the
purposes identified in the development application.
5. Street address (if any) and parcel description, including legal description, and 8 -1/2 "x 11" vicinity map
locating the subject property within Pitkin County;
6. Consent from the owner of the property for the representative to process the application and represent
the owner;
7. Total fee for review of the application;
8. Signed fee agreement (form attached);
9. Copy of this pre -app form
NOTES:
000016
Y PLEASE SUBMIT ONE UNBOUND AND ONE -SIDED COPY OF YOUR COMPLETE APPLICATION.
THE PARCEL ID # SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR
APPLICATION.
Y ALL MAPS SHALL BE FOLDED.
➢ This pre - application conference summary is advisory in nature and not binding on the County. The
information provided in this summary is based on current zoning standards and staffs
interpretations based upon representations of the applicant. Additional information may be required
upon a complete review of the application.
Y Applicant will be responsible for mailed and posted notice. Public Notice requirements are
described in Section 2- 20-100 of the Pitkin County Land Use Code. A signed, notarized copy of
the affidavit confirming notice must be received from Applicant prior to approval.
000017
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No.: 01330 - 39184 - Amended No. C2
1. Effective Date. April 07, 2014 at 8:00 A.M.
2. Policy or Policies to be issued:
(a) A.L.T.A. Owner's Policy 2006 (Extended)
Proposed Insured:
Sebastiano Paiewonsky Cassinelli and Julie Cassinelli
(b) A.L.T.A. Loan Policy
Proposed Insured:
WOW 3
Amount of Insurance
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4. Title to the said estate or interest in said land is at the effective date hereof vested in:
Marta Steinmetz
5. The land referred to in this Commitment is described as follows:
See Attached Legal Description
Purported Address:
TBD Conundrum Road
Aspen, CO 81612
STATEMENT OF CHARGES
These charges are due and payable
before a policy can be issued
Basic Rate
2006 Owner's Policy $1,729.00
Owner's Extended Coverage $50.00
Tax Certificate $20.00
Copyright 2006 -2009 American Land Title Assoclatlon. All rights reserved.
The use of mis Form is resincted to ALTA licensees and ALTA members in good standing as of Me date of use ,
I uux
All omer uses are prohibited Repnoted under license from Me Amencan Land Tile Association
File No 01330 -39184 Page 1 of 2 STEWART TITLE
CO STG ALTA Commitment Sch A STO GUARANTY COMPANY
00!1018
SCHEDULE A
LEGAL DESCRIPTION
That portion of H.E.S. No. 112 situated In Townships 10 and 11 South, Range 85 West of the Sixth Principal Meridian
described as follows:
Beginning at a point whence Corner No. 3 of said H.E.S. No. 112 bears
North 49 053'15" East 1077 47 feet;
thence North 25 °21' West 286.80 feet,
thence North 55 °50' East 91.67 feet;
thence North 45 °46' East 2.32 feet;
thence South 53 °41' East 221.40 feet;
thence South 36 °19' West 224.81 feet to the point of Beginning.
County of Pitkin, State of Colorado
The use of this Form is resVmted to ALTA licensees and ALTA members in good standing as of me date of use
All other uses are prohibited Reprinted under license from the American Land Title Assocuttmn
Flle No 01330 -39184
CO STG ALTA Commitment Sch A STO
UU i1 i71'
Page 2 oft STEWART TITLE
GUARANTY COMPANY
�Nfal(4N
m.n vm
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
PARTI
File No.: 01330 - 39184 - Amended No. C2
The following are the requirements to be complied with:
1. Payment to or for the account of the grantor(s) or mortgagors) of the full consideration for the estate or
interest to be insured.
2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for
record.
3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as
certified by the County Treasurer.
4. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company.
NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils
testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of
receipt of this title commitment.
5. THE FOLLOWING REQUIREMENT IS FOR DELETION OF SURVEY EXCEPTIONS 2 AND 3 OF THE OWNERS
POLICY:
A SURVEY, meeting the minimum detail standards of the ALTA/ACSM, Survey OR IMPROVEMENT LOCATION
CERTIFICATE, prepared by a registered Colorado surveyor, within the last TWO MONTHS, must be presented to
Stewart Title Guaranty Company, for its approval prior to the deletion of any survey exceptions from the OWNERS
POLICY.
Stewart Title Guaranty reserves the right to take exception to any adverse matters as shown on said survey, or
make further inquiry or requirements relative thereto.
Said Survey, must be certified to Stewart Title of Colorado and /or Stewart Title Guaranty Company.
6. Partial Release by the Public Trustee of the Deed of Trust from Marta Steinmetz aka Marta J. Steinmetz aka
Marta Jean Steinmetz and Golden Triangle, LLC, a Colorado limited liability company for the use of First Trust
Company of Onaga for the benefit of Roger M. Crouch Individual Retirement Account No. T2118700 or its assigns
and for the benefit of Neil H. Taylor Individual Retirement Account No. T2133911 or its assigns to secure
$1,272,892.17, dated February 18, 2011 recorded February 24, 2011 as Reception No. 577874.
7. Note: Modification of Deed of Trust recorded April 2, 2013 as Reception No. 598270.
8. Deed from vested owner(s) vesting fee simple title in the purchaser(s).
NOTE: Notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute
on recording of deeds CRS 38 -35 -109 (2).
the use of Nis Form is restricted to ALTA licensees and ALTA members in good standing as of the data of use
All other uses are prombM1ed Reprinted under license from the Amencan Land Title Association
File No. 01330 -39184
CO STG ALTA Commitment Sch B I
UUUU2�
usn a n,
Pagel oft STEWART TITLE wr,.,
GUARANTYCOMPANY '.P�'� '
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
PART II
File No., 01330 - 39184- Amended No. C2
Schedule B of the policy or policies to be issued will contain exceptions to the following matters 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. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that
would be disclosed by an accurate and complete land survey of the Land and 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 but prior to the date the proposed Insured
acquires for value of record the estate or interest or mortgage thereon covered by this Commitment.
6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and
that may be produced from the Land, together with all rights, privileges, and immunities relating thereto,
whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in
Schedule B.
7. Water rights, claims or title to water.
8. Any and all unpaid taxes and assessments and any unredeemed tax sales.
9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other
district or inclusion in any water service or street improvement area.
10. Reservations or exceptions in Patents, or in Acts authorizing the issuance thereof, including the reservation of a
right of way for ditches or canals constructed by the authority of the United States, as reserved in United States
Patent recorded September 6, 1922 in Book 159 at Page 142 as Reception No 81855.
11. Rights of way granted unto the County of Pitkin recorded January 27, 1940 in Book 157 at Page 619 as Reception
No 90613 and recorded June 6, 1940 in Book 157 at Page 635 as Reception No 90816.
12. Mutual Easement and License Agreement recorded recorded November 27, 1978 in Book 358 at Page 742 as
Reception No 209453.
13. Note: Revocation of License recorded February 25, 2011 as Reception No 577885.
14. All matters shown on the Boundary Survey Map of Marta Steinmetz Property recorded July 12, 2005 in Plat Book
74 at Page 40 as Reception 512259 and Amended Boundary Survey Map of Parcels A and B, Marta Steinmetz
Property recorded May 18, 2010 in Book 93 at Page 87 as Reception No 569467.
NOTE: Exceptions 1 and 4 may be deleted from the policies, provided the seller and buyer execute the Company's
affidavits, as required herein, and the Company approves such deletions. If work has been performed on, or in connection
with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), and the
Copyright 2006 -2009 American Land TI Association All rights reserved.
9 gas ..o nr.1
The use use a Form is rfted tl to ALTA licensees and ALTA members m Land sle Ass io the date of use
All other .013 0-391 d Repnnletl under license from the American Lantl Ttle ASSOaalmn •�wu .r
File No. 01330 -39184 Page 1 of 2 STEwART TITLE •
CO STG ALTA Commitment Sch B II STO GUARANTY COMPANY
UUU021
MARTA STEINMETZ
c.,o Joslyn ' W ood, Esq.
Wood Nichols, LLC
201 Main Street, Suite 305
Carbondale, Colorado 81623
Emai l: Jb'WC woodnicholslaw. com
TeL (970) 963 -3800
May 12, 2014
Michael Kraemer
Pitkin County Planning Department
130 South Galena Street, Third Floor
Aspen, Colorado 81611
ATROMEff �
Re: Pitkin County Metes and Bounds Property, Familiarly Known as "Steinmetz Parcel
B "; Pitkin County Parcel No. 291102300023; Consent to Filing of Application for Merger
Determination
Dear Mr. Kraemer:
I am writing you as legal owner of certain metes and bounds property, familiarly known
as "Steinmetz Parcel B ", Pitkin County Parcel No. 291102300023, and legally described as
follows:
That portion of H.E.S. No. 112 situated in Townships 10 and 11 South, Range 85 West of
the Sixth Principal Meridian, described as follows:
Beginning at a point whence Corner No. 3 of said H.E.S. No. 112 bears
North 49'53'15" East 1077.47 feet;
thence North 25'21' West 286.80 feet;
thence North 55'50' East 91.67 feet,
thence North 45'46' East 2.32 feet;
thence South 53'41' East 221.40 feet;
thence South 36'19' West 224.81 feet to the point of Beginning.
County of Pitkin, State of Colorado (the "Pro a ").
Pursuant to a written contract to buy and sell real estate, I have contracted for the sale of
the Property to Sebastiano Paiewonsky Cassinelli and Julie Cassinelli (collectively, the "Contract
Purchasers "). This letter shall constitute my authorization of the Contract Purchasers' filing and
processing with Pitkin County an application for "Merger Review" in connection with the
Property, for purposes of confirming the Property's non - merger with adjacent parcels of land.
Sincerely,
Marta �Stein
meta����c,c
Mi %75
SEBASTIANO PAIEWONSKY CASSINELLI AND JULIE CASSINELLI
clo Curtis B. Sanders, Esq.
Sherman & Howard L.L.C.
320 West Main Street
Aspen, Colorado 81611
Email. csanders @shermanhowardcom
Tel: (970) 300 -0114
May 12, 2014
Michael Kraemer
Pitkin County Planning Department
130 South Galena Street, Third Floor
Aspen, Colorado 81611
Re: Pitkin County Metes and Bounds Property, Familiarly Known as "Steinmetz Parcel
B "; Pitkin County Parcel No. 291102300023; Consent to Filing of Application for Merger
Determination
Dear Mr. Kraemer:
We, the undersigned, are the contract purchasers with respect to certain metes and bounds
property, familiarly known as "Steinmetz Parcel B ", Pitkin County Parcel No. 291102300023,
and legally described as follows:
That portion of H.E.S. No. 112 situated in Townships 10 and 11 South, Range 85 West of
the Sixth Principal Meridian, described as follows:
Beginning at a point whence Corner No. 3 of said H.E.S. No. 112 bears
North 49053'15" East 1077.47 feet;
thence North 25 °21' West 286.80 feet;
thence North 55 °50' East 91.67 feet;
thence North 45 °46' East 2.32 feet;
thence South 53 °41' East 221.40 feet;
thence South 36 °19' West 224.81 feet to the point of Beginning.
County of Pitkin, State of Colorado (the "Property).
This letter shall constitute our authorization for Haas Land Planning, LLC and Sherman
& Howard L.L.C. to act as our designated and authorized representatives for the preparation,
submittal and processing with Pitkin County of an application for "Merger Review" in
connection with the Property, and for purposes of confirming the Property's non - merger with
adjacent parcels of land.
Should you have any need to contact me during the course of your review, please do so
through Haas Land Planning, LLC.
031;023
BUS-RE/5248932 1
000024
Mmca 6
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter COUNTY) and Sebastiano Paiewonsky Cassinelli and Julie
Cassinelli (hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for Merger Review
(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
Board of County Commissioners to enable the Planning Commission and /or Board of County
Commissioners to make legally required findings for project approval, unless current billings are
paid in full prior to decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of
its right to collect full fees prior to a determination of application completeness, APPLICANT
shall pay a base fee in the amount of $936.00 which is based on three 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 will 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
Cindy Houben
Community Development Director
Effective 1/26/10
BUS-PE/5248930 I
U6025
APPLICANT
Sebastiano Paiewonsk ssinelli
Print me
r
Signature
PITKIN COUNTY COMMUNITY
DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
97(1 920 -5526 FAX# ("1)70) 920 -5439
June 2, 2014
Mitch Haas
420 East Main Street, Suite #10 -13
Aspen, CO 81612
initch'u,hIpaspen.con
Re: Steinmetz (Cassinelli) Merger Review
(CASE P049 -14; PID 2911- 023 -00 -023)
Dear Mr. Haas:
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 Mike Kraemer, the planner assigned to your case, at 920-
5482.
Mank yore,
San nie .5ihiG,s
Administrative Assistant to Planning And Zoning
Pitkin County Community Development
130 South Galena St, 3rd Floor
Aspen, CO 81611
Phone: 970-920-5109
Bonnie Waechtler(@pitkincounty.com
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920 -5526 FAX# (970) 920 -5439
MEMORANDUM
To: Pitkin County Attorney
FROM: Mike Kraemer, Community Development Department
Re: Steinmetz (Cassinelli) Merger Review
(PID 2911 - 023 -00 -023; Case P049 -14)
DATE: June 3, 2014
Attached for your review and comments are materials for an application submitted by
Sebastiano Palewonsky Cassinelli and Julie Cassinelli. The Pitkin County Community
Development Director will review the application.
Please return your comments to me by Friday, June 27, 2014.
http: / /www.aspenDitkin.com/ Portals /0 /docs /county /Com %20Dev /Planning /Land Use Ap
plications /P049 14 app.pdf
If you require a paper copy of this application contact Bonnie Shiles at
bonnie.shiles @pitkincounty.com or 920 -5109.
Thank you.
PITKIN COUNTY COMMUNITY DEVELOPMENT
Permit Receipt
RECEIPT NUMBER 00036065
Name: Sebastiano Paiewonsky Cassinel Date:512212014
Project Address: 0 CONUNDRUM CREEK RD
Type: check # 4525
Permit Number Fee Description
0049.2014.PLAN PP- Flat Fee
Total:
Amount
936.00
936.00