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HomeMy WebLinkAboutpitkin.planning.299905200008 (2014) DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) Parcel ID: 2999-05-2-00-008 Application Date: 1/23/15 Case No: P008-15 Description: Carroll Drive Properties TDR Certification for Parcel in the Rural/Remote Zone Planner: Suzanne Wolff District for Humboldt USMS#4700// Fees Paid on P101-14 #Copies: 1 Allocated Hours: 6 Project Address: 0 N THOMPSON CREEK RD, CARBONDALE, CO 81623 0/0 Over Hours: 7.2 Property Owner: CARROLL DRIVE PROPERTIES Address: 314 CARROLL DR Owner Phone: (970) 920-1227 ASPEN, CO 81611 Owner's REP: SARAH OATES Address: 533 E HOPKINS AVE. 3RD FLOC REP's Phone: (970) 920-1700 ASPEN. CO 81611 REP's Email: smo@okglaw.com Referrals: EH & NR REFERRAL Other Referrals: Comments Due Date: Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: Review Body: admin Public Hearing? no '1 Notice Date: Meeting Notes: Approvals: BOCC Resolution#: P&Z Determination #: BOCC Ordinance#: HO Determination #: Admin Determination #: Other Information: VR Approval Date: Plat Recorded Date: VR Expires Date: Plat (Bk. PG): Remarks: TDR Certificate#IR-14-14-SW Restrictive Covenant#616134 Application Type: TDR Review 111111116, I RECEPTION# : 616134 , 12/18/2014 at 03 : 51 : 10 PM, 1 OF 5, R $0 . 00 Janice K. Vos Caudill , Pitkin County, CO RI?S"T'RiC'I'IVE;COVENANT 1. HIS RESTRICTIVE COVENANT ("Covenant") is made and entered this a day of , a...et J r 2014, by Carroll Drive Properties. LLC ("Grantor") for the benefit of the Pitk in County Board of County Commissioners. WITNESSETH WHEREAS, Pitkin County. Colorado. a political subdivision of the State of Colorado ("Grantee"), has established a transferable development right("TDR") system,Title 8 2006 Pitkin County Land Use Code,as may be amended from time to time (the "Land Else Code"): WHEREAS.Grantor is the fee simple owner of that certain real Property in Pitkin County. Colorado that is more particularly described on Exhibit A attached hereto and made a part hereof by this reference (the"Property"): WHEREAS,contemporaneously with the execution of this Restrictive Covenant, Grantee is executing and delivering to Grantor __I irrevocable TDR certificate(s)bearing Certificate No(s). ll . 114-/N'S tlti �..� , WHEREAS. the Grantor has represented that no development or improvements currently exist on the Property; and WHEREAS, in exchange for the issuance of said certificate(s) by Grantee and consistent with the intent and stated purposes of the TDR system, Grantor is prepared to restrict and covenant the Property against any future development,as that term is currently defined in the Land Use Code. in perpetuity. NOW.THEREFORE, for and in consideration of the issuance to Grantor of Certificate No(s). 1 f?.-i 4-11-1 -51,4 , and in consideration of the covenants, terms, conditions.and restrictions hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency are hereby acknowledged, Grantor does hereby grant and convey to Grantee. forever and in perpetuity, an interest in the Property, for and in consideration of the recitals and mutual covenants, terms, conditions and restrictions contained herein: 1. Restrictive Covenant pertaining to the Property. Grantor hereby restricts the Property in perpetuity against any and all future development, as defined in the Land Use Code. 11 commencing on the date of this restrictive covenant. Such restrictions shall include, but are not limited to.the future development of any single family or other residential. commercial or industrial structures. as well as the future development of any recreational uses,as well as any -41 change in the current existing use of the unimproved Property. Grantor acknowledges that any future development right in the Property has been severed from the Property by operation of this restrictive covenant. 2 Covenant running with the land: binding effect. The provisions of this deed restriction shall constitute a covenant that runs kith the title to the Property for the benefit of the 000001 & 30 RECEPTION# : 616134 , 12/18/2014 at 03:51 : 10 PM, 2 OF 5, Janice K. Vos Caudill , Pitkin County, CO Grantee. its successors and assigns and shall be deemed an appurtenance to the title to such land. Grantor and its successors, heirs, assigns and transferees acknowledge that the 'FDR certilicate(s) issued in consideration for this restrictive covenant is/are severed from the Property and that any sale, lease or other transfer of title to the Property shall not constitute a transfer of the .11)lt certilicate(s) and any rights therein. 3. Permitted uses and activities. As owners of the Property, the Grantor retains the right to perform any act consistent with the Land Use Code to the extent such act is not prohibited or limited by the requirements of this restrictive covenant. These ownership rights include, but are not limited to, the right to exclude any member of the public trespassing on the Property and the right to sell, lease,or otherwise transfer the Property to anyone Grantor chooses. Grantor shall continue to use the property for hunting, fishing, hiking and camping. all of which do not involve structures or regular human occupancy. Nothing herein shall be construed to be an approval by Grantee under the Land Use Code for any purpose. 4. Enforcement and monitoring. This restrictive covenant and its terms and representations shall be fully enforceable by Grantee, its successors, assigns and agents in any action at law or equity or both, to secure compliance, including but not limited to. seeking injunctive relief and/or specific performance requiring the Grantor, its successors or assigns to cease and desist all activity in violation of the terms of this restrictive covenant and to return the Property to its condition prior to any violation. Violation of any of the terms or representations of this restrictive covenant may also result in the administrative cancellation of the TDR certificate(s) by the Grantee. Moreover, Grantee and its successors, assigns and agents shall be permitted access to, and to enter upon, the Property at reasonable times solely for the purpose of monitoring, inspection, and if necessary, remediation in order to enforce and assure compliance with the terms and conditions of this restrictive covenant. 5. Costs and liabilities. Grantor retains all responsibilities and shall hear all costs and liabilities of any kind related to ownership.operation, upkeep. taxes and maintenance of the Property. including but not limited to,costs associated with compliance with this restrictive covenant. Grantee's acceptance of this restrictive covenant shall in no way be construed as an assumption of any duties or liabilities associated with the Property and Grantor acknowledges that by this restrictive covenant. Grantor continues to retain responsibility for any and all duties and liabilities associated with the Property. 6. Subordination. At the time of the conveyance of this restrictive covenant, the Grantor represents that the Property is not subject to any mortgage. deed of trust. or judgment lien, or any other instrument that might result in a foreclosure action that could affect the viabiIity of this restrictive covenant. 7. incorporation of the Land Use Code. The Land Use Code. as may be amended from time to time,and any terms or definitions contained therein,are hereby incorporated by this reference in their entirety. 000002 RECEPTION# : 616134 , 12/18/2014 at 03: 51 : 10 PM, 3 OF 5, Janice K. Vos Caudill , Pitkin County, CO 8. Prohibition against future TDR. Unless otherwise provided by the Land Ilse Code and agreed upon by Grantee. Grantor shall not be entitled to anyfuture, additional TDR arising from ownership of the Property following the execution of this restrictive covenant. 9. Modification. The terms of this restrictive covenant can only be modified by an amended covenant executed by both Grantor and Grantee and recorded in the records of the Clerk and Recorder for Pitkin County. Colorado. 10. Venue and jurisdiction. Grantor and Grantee consent to venue and jurisdiction in the District Court for Pitkin County,Colorado for all matters concerning the interpretation and enforcement of this restrictive covenant. 1 I. Attorneys fees and costs. In the event of any action or suit between the parties hereto or their successors and assigns to enforce any of the agreements, covenants or restrictions contained herein,the prevailing party in any such action or suit, whether by final judgment or out of court settlement, shall recover from the other party all costs and expenses of such action or suit including reasonable attorneys fees. IN WITNESS WHEREOF, Grantor has executed this restrictive covenant as of the date and year first written above. Grantor CARROLL DRIVE PROPERTIES,LLC 5—"N By: Spencer I.chv. Authorized Representative State of )ss. County of t4iAN 's- ) .01 The foregoing Restrictive Covenant was acknowledged before me this 13L day of 1.16.4 kn e,r __ 2014 by Spencer I.ehv as Authorized Representative of Carroll Drive Properties. LLC Witness my hand and official seal My commission expires on: 1 t_I010!$ MARION PANAS Not:ary.f� NOTARY PUBLIC-STATE OF NEW YORK ‘0 0 4:V°4 No. 02PA4214094 Q- Q-1 , Qualified In Kings County •:o e:.aet'e���•(, My Commission Expires January 11. 2018 roA` : EZ W • • - • K.' " COUNTY ' Y , 1?. •YPA••_,- nnnnn� '. 1 RECEPTION# : 616134 , 12/18/2014 at 03: 51 : 10 PM, 4 OF 5, Janice K. Vos Caudill , Pitkin County, CO ACCEPTED R1' Pitkin County Board of County Commissioners 'y: %/ /6_._ Yfi' . State of Colorado ) )tis. County of Pitkin ) me foregoing Restrictive Covenant was acknowledged before me this LE-4a, of DeWab -,01y_by — �r n dry, — ---— Witness my hand and official seal ID My commission expires on: ''� L"f a _ — -- ---- T TARY PUBLRISCOL 9 4. . 4 M .LAad OTS 10 064 COLORADO 560 N fry Public WY C0111410110t1 EXP7tES JULY 17,2016 t)U L)U4 4 RECEPTION# : 616134 , 12/18/2014 at 03: 51 : 10 PM, 5 OF 5, Janice K. Vos Caudill , Pitkin County, CO MEMORANDUM OF OWNERSHIP-ACCOMMODATION NO LIABILITY PITKIN COUNTY TITLE, INC.,A DULY LICENSED TITLE INSURANCE AGENT IN THE STATE OF COLORADO. BY EXAMINATION OF THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY,COLORADO, DISCLOSES THE FOLLOWING. GRANTEE IN THE LAST INSTRUMENT OF CONVEYANCE CARROLL DRIVE PROPERTIES, LLC,A COLORADO LIMITED LIABILITY COMPANY LEGAL DESCRIPTION THE HUMBOLT LODE MINING CLAIM, U.S.M.S.#4700 in Township 12 South, Range 84 West, Section 5 1/4 Section 2. DEED OF TRUST APPARENTLY UNRELEASED NONE LIENS AND JUDGMENTS (AGAINST LAST GRANTEE)APPARENTLY UNRELEASED NONE THIS INFORMATION IS FOR YOUR SOLE USE AND BENEFIT AND IS FURNISHED AS AN ACCOMMODATION. THE INFORMATION HAS BEEN TAKEN FROM THE PUBLIC RECORDS, WITHOUT REFERENCE TO, OR EXAMINATION OF,INSTRUMENTS WHICH PURPORTS TO AFFECT THE REAL PROPERTY.THE INFORMATION IS NEITHER GUARANTEED NOR CERTIFIED, AND IS NOT AN ABSTRACT OF TITLE, OPINION OF TITLE, NOR A GUARANTY OF TITLE,AND OUR LIABILITY IS LIMITED TO THE AMOUNT CHARGED FOR THIS REPORT. EFFECTIVE DATE: November 19, 2014 PITKIN COUNTY TITLE, INC. BY: Authorized Officer JOB NO: ACCOM2681 000005 Certificate No.Ek'---I'1-14-S VU Date Issued /71/S.1 i L IRREVOCABLE CERTIFICATE OF TRANSFERABLE DEVELOPMENT RIGHT("TDR") 1. Description of Preservation Site: See Exhibit A attached hereto and made a part hereof by this reference. 2. Pursuant to the provisions of the Pitkin County Land Use Code("Code"). this certifies that a Transferable Development Right("TDR") has been severed from the Preservation Site described in Exhibit A. This Certificate No. 02-1'-1-1 q_< . evidences and represents one TDR and the TDR represented hereby may be transferred to and used at a Receiver Site as permitted and in accordance with the Pitkin County Land Use Code. 3. Possession of the original of this Certificate, properly endorsed, will constitute the ownership by the holder of the TDR herein described. 4. This Certificate may be transferred at any time and from time to time by endorsement and delivery. 5. This Certificate is perpetual and irrevocable, and Pitkin County. Colorado, will honor the same. 1 Signature of Owner of the Real Property Signature of Authorized Official at the time of the issuance of this Certificate of Pitkin County, Colorado CL DRIVE PROPERTIES, LLC AC "' G,� --' By: 'SLG i�f�L'� A_ ve, Spen er Lehv, Authorized Representative Title: �V'-LAST 1 (.11-44—e-1 STATE OF r Q)A '104— ) ) ss. COUNTY OF NV 'hi 1- ) All The foregoing instrument was acknowledged before me this/3 day of N 6v-W05t-r . 2014, by Spencer Lehv as Authorized Representative of Carroll Drive Properties. LLC. Witness my hand and official seal. My commission expires: 11 h 'av I1 \(\r -- 0\,-v) MARION PANAS Notary Public NOTARY PUBLIC-STATE OF NEW YORK No. 02PA6216094 Qualified in Kings County My Commission Expires January 11, 2018 000006 Aim STATE OF ti\NOE,Clo ) ) ss. COUNTY OF -R , ) The foregoing instrumei t was acknowledg�ejd�b, fore me this �4tay of Zttbutcol, 2014, by t_a,yu� ti`wfH Witness my hand and official seal. My commission expires: 041641(D 14141" Rai frkt,----- Notary Public KAREN REED PATTERSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID#19964002767 My Commission Expires February 15,2016 000007 2 MEMORANDUM OF OWNERSHIP-ACCOMMODATION NO LIABILITY PITKIN COUNTY TITLE, INC., A DULY LICENSED TITLE INSURANCE AGENT IN THE STATE OF COLORADO. BY EXAMINATION OF THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, DISCLOSES THE FOLLOWING: GRANTEE IN THE LAST INSTRUMENT OF CONVEYANCE CARROLL DRIVE PROPERTIES, LLC,A COLORADO LIMITED LIABILITY COMPANY LEGAL DESCRIPTION THE HUMBOLT LODE MINING CLAIM, U.S.M.S.#4700 in Township 12 South, Range 84 West, Section 5 1/4 Section 2. DEED OF TRUST APPARENTLY UNRELEASED NONE LIENS AND JUDGMENTS (AGAINST LAST GRANTEE) APPARENTLY UNRELEASED NONE THIS INFORMATION IS FOR YOUR SOLE USE AND BENEFIT AND IS FURNISHED AS AN ACCOMMODATION. THE INFORMATION HAS BEEN TAKEN FROM THE PUBLIC RECORDS,WITHOUT REFERENCE TO, OR EXAMINATION OF, INSTRUMENTS WHICH PURPORTS TO AFFECT THE REAL PROPERTY.THE INFORMATION IS NEITHER GUARANTEED NOR CERTIFIED,AND IS NOT AN ABSTRACT OF TITLE, OPINION OF TITLE, NOR A GUARANTY OF TITLE,AND OUR LIABILITY IS LIMITED TO THE AMOUNT CHARGED FOR THIS REPORT. EFFECTIVE DATE: November 19, 2014 PITKIN COUNTY TITLE, INC. BY: Authorized Officer JOB NO: ACCOM2681 a 000003 MEMORANDUM OF OWNERSHIP-ACCOMMODATION NO LIABILITY PITKIN COUNTY TITLE, INC., A DULY LICENSED TITLE INSURANCE AGENT IN THE STATE OF COLORADO. BY EXAMINATION OF THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, DISCLOSES THE FOLLOWING: GRANTEE IN THE LAST INSTRUMENT OF CONVEYANCE CARROLL DRIVE PROPERTIES, LLC,A COLORADO LIMITED LIABILITY COMPANY LEGAL DESCRIPTION THE HUMBOLT LODE MINING CLAIM, U.S.M.S.#4700 in Township 12 South, Range 84 West, Section 5 1/4 Section 2. DEED OF TRUST APPARENTLY UNRELEASED NONE LIENS AND JUDGMENTS (AGAINST LAST GRANTEE) APPARENTLY UNRELEASED NONE THIS INFORMATION IS FOR YOUR SOLE USE AND BENEFIT AND IS FURNISHED AS AN ACCOMMODATION.THE INFORMATION HAS BEEN TAKEN FROM THE PUBLIC RECORDS, WITHOUT REFERENCE TO, OR EXAMINATION OF, INSTRUMENTS WHICH PURPORTS TO AFFECT THE REAL PROPERTY. THE INFORMATION IS NEITHER GUARANTEED NOR CERTIFIED, AND IS NOT AN ABSTRACT OF TITLE, OPINION OF TITLE, NOR A GUARANTY OF TITLE,AND OUR LIABILITY IS LIMITED TO THE AMOUNT CHARGED FOR THIS REPORT. EFFECTIVE DATE: November 19, 2014 PITKIN COUNTY TITLE, INC. BY: Authorized Officer JOB NO: ACCOM2681 000009 EXHIBIT • 5 cn - - -- Z I I a= 09 4e'�r ,,,,/.. r 1101i" , ,V.. � • Vi 7,2/5* a �4,E ,}i .11' Irq Yt A/° �s � g � • Eiss9 vn' 09i C.} Iv to 1 . o r, O b.� jam' ! \ ,a ' a,,2' / ;' ^,tip••; :. • a. . , s \g 11-i 4 e3 € o il P OSe. i \ \ j —1 1 0 3 \ o III 73:ce t., •k 5i 's.,II t k 1 h A I 1 1,i :;\ i ' .s' c., : .'S..: Or 1 1 c "., ; "0 PO g : ti II i II.\ a '� Z v n nom ' �. t .i a \ . n Y i r o j \`�` \ k.s. II � S3 r0 Z! S '\ rN Z X x • a V 4 `� Z.4 , I Ikka � ,s % i a D v Mir . Mbaen, u$—"26244B • • ,. ere Mule Vs 22218 . .... N r I aStiPe . N " '°; e`er CD C - + -gym..,y, `'•� `` • ...,,,r1Pr } .,I qty Cl) 2,, :9SbZZ psWs .r '�L, It -'ilyl• •. t ~ P, -may •r _ n e.. V5Y?5�5n2 Aft- 0. �y� lir • N.oter ` s F . spa r a ,,.. • t 4. c of got o i lila 2 (p ^ r):: n • w m T y C m D n o''2 ; 41 m Z i. = r $m tp O m c. 11 oa 5. _ 3 °: $Re An o N �: 8 oSyo O ;rillf� IV tai ;rill six _o v a s o 0 • 4 ( mcs 000011 , Certificate Number DR- t7 •O7j Date Issued: ?i•31. •C'l CERTIFICATE OF DEVELOPMENT RIGHTS Name of Development Right(s) Owner: -Norwest Bank Des Moines, N.A. , Trustee of the Friedl Pfeifer. Revocable Trust, Dated May 20, 1985, by Karol Mauk, Senior Trust Officer . Address of Development Right(s) Owner: Karol Mauk, Norwest Bank Des Moines NA Trustee Pfeifer, Friedl Trust, P.O. Box 837, Des Moines, IA 50309 Location of Property: (Designated as Parcel 7 on exhibits) HUMBOLT Lode USMS # in Township 12 South, Range 84 West Section 5 1/4 Section 2 up Express Creek approx 1.25 miles from Castle Creek Road. Located on Southwest side of the Creek . Pursuant to Section 4-60.95(A)(1)(b) of the Pitkin county Land Use Code, this certifies that 1 Development Rights exist on a Preservation Site identified by the legal description attached hereto as Exhibit "A" which may be available for severance and sale as transferable development rights as set forth in Sections 3-150.160 and 4-60.95 of the Code. This Certificate of Development Rights is not an opinion of title regarding the Development Rights and is based entirely upon information provided by the owner of the Development Rights. If any of the information provided regarding the Development Rights is false, then the County reserves the right to rescind this Certificate with ten (10) days written notice. This Certificate replaces Certificates # 96.009.1 and 96.009.2 CH Issued 5/8/96 ;/11,1__ AV/I/kW-IL/ Signatur of Owner of Development Right(s) Karol D.Mauk,Senior Trust Officer,Norwest Bank ` Maines,N.A.,Trustee of the Friedl Pfeifer Trust, Dated May 20,1985 es h°d Signature df Authorized Official A legal description of the Preservation Site is attached As Exhibit "A" Initials of Authorized Official ` (/ CERTIFICATE OF DEVELOPMENT RIGHTS Page 1 of 1 000012 7Affidavit Number DR- 623 [for office use only] AFFIDAVIT OF DEVELOPMENT RIGHTS IN THE RURAL/REMOTE ZONE DISTRICT Background Information Name of Affiant: Norwest Bank Des Moines. N.A. , Trustee of the Friedl Pfeifer Revocable Trust, Dated May 20. 1985, by Karol Mauk, Senior Trust Officer . Address: Karol Mauk, Norwest Bank Des Moines NA Trustee Pfeifer. Friedl Trust, P.O. Box 837. Des Moines. IA 50309 Telephone: 515 237 5947 Telephone: Name of Any Mortgagors: None Property Information General Location of Property: in Township 12 South, Range 84 West Section 5 1/4 Section 2 up Express Creek approx 1.25 miles from Castle Creek Road. Located on Southwest side of the Creek . Number of Acres: 10.3 3 . Date Property Acquired: Names of All Contiguous Property Owners: See Exhibit C . Development Right Information Number of Development Rights Claimed: 1. . Has the Property Been Subdivided? Yes No x If the Property Has Been Subdivided, When Was it Subdivided? Do You Have an Interest in Any Property Contiguous to the Property For Which You are Claiming Development Rights? Yes .No x . AFFIDAVIT OF DEVELOPMENT RIGHTS IN RURAL/REMOTE ZONE DISTRICT PAGE 1 OF 2 000013 Amssimssok do" Affidavit Number DR- 0 0.07 [for office use only] The undersigned affiant seeks to obtain a Certificate of Development Rights pursuant to Section 4- 60(A)(1)(b) of the Pitkin County Land Use Code. The undersigned affiant certifies that: 1) all the information disclosed in this affidavit is true and correct; 2) the property described in this application is within the Rural/Remote Zone District; 3) the following is attached to this affidavit: a) a copy of the legal description describing the entirety of the property for which Development Rights are claimed; b) a copy of the deed of sale or any other document evidencing the manner in which title is held for the property; c) a copy of the most recent tax assessment for the property;and d) if available, a copy of the most recent title commitment Completed to best of my ability and actual knowledge . Owner makes no representations in regard to any rights which may or may not be conveyed or created by any ordinance in Pitkin County. Facsimile signature shall be followed within 7 days by an original ink signature . WITNESS MY HAND THIS l/I IA DAY OF (-127,24,r2.1.., .19 CI 7 . By: LOo Printed N e: Karol D. auk Senior Trust Officer, Norwest Bank ie ��e es,N.A.,Trustee of the Friedl Pfeifer l Trust, Dated May 20, 1985 /( PSt F STATE OF IOWA) COUNTY OF POLK ) Sworn and subscribed to me this !, day of LIIIaA,M-- ,199 __rowA by Karol D. Mauk, Senior Trust Officer, Norwest Bank.Bee-Moines, N.A.,Trustee of the Friedl Pfeifer Rvocable Trust. Dated May 20,1985 , who is personally known to me or provided identification and did take an oath. al [AFFIX SEAL HERE] Notary Public, S - = of Commission Ex.• - / f, S.E.CRAWFORD Address: • MY COMMISSION EXPIRES o,,, June 1,1997 AFFIDAVIT OF DEVELOPMENT RIGHTS IN RURAL/REMOTE ZONE DISTRICT PAGE 2 OF 2 000014 LAW OFFICES OF OATES, KNEZEVICH, GARDENSWARTZ, KELLY & MORROW, P.C. PROFESSIONAL CORPORATION THIRD FLOOR,ASPEN PLAZA BUILDING 539E HOPKINS AVENUE ASPEN,COLORADO.F1611 www oKaw: i_COi41,RG M GATES TELEPHONE(970)9:0-1700 ?!":1ARD A KNEz.EVICH rACc3IMIE(9?0)920-1121 TED 0 GARDENSWARTZ DIRECT ru70)544-1853 DAVID B.KELLY MARIA MORROW OF COUNSEI• smorrokg19w.com STEPHEN R.CD'4^10P ANNE MARIA^A^.:-Ht= SARAt:W.CATES STEPHAAIIE MAY.-It'LDER November 25, 2014 VIA HAND-DELIVERY Suzanne Wolff, Se:nior Planner Pitkin Coiinty Community Development Department 130 S. Galena Si reet, Third Floor Aspen, CO 81611 Re: TDR Certification for RR zone district parcels—Carroll Drive Properties, LLC "year Suzanne: Ac you a!'c::aware, the applicant Carroll Drive Properties, LLC("Applicant") is seeking to convert five(5; Certificates of Development Rights ("DR Certificates")that were issued by Pitkin County ("County") in 1996 and 1997 to Irrevocable Transferable Development Rights ("Irrevocable . ;)Its"). Tip:. Applicant is seeking Irrevocable TDRs for the following parcels ("Parcels"): 1. 1)K 97.022! II: MB Secs. 15 &22, T8S, R89W, PID#246115300006,40 acres Sy G c U?7U 2. T.)17.96 019.CH: Parnell, Clevr_and, Apex and Nellie Wash,USMS #7693, PID#29990.Q0.00.0.1.,-971.9 acres 9 t 3Lwc t. DR,'6.O11.1ES: Trai.nor's Best,TJSMS #1592.0; PID #29990- 6 G2./0 vC'04 10.33 acres (together with DR 96.011.2CH and DR 96.011.3ES) 4. DR 97 023.ES: Hurnbolt.. USMS #4700, PID#299905200008, 10.33 acres 5. DR 97_024_; S: Copper Crystal, Silver Crystal, Silica Crystal, Gold Crystal,D amond Crystal & Lime Crystal, USMS #4949, ND#2.(:9908400001 .:;9.2 acres My understanding is time slit C;,,,nry shl appiv the roilowing criteria to issuance of the irrevocable TDRs: 000015 • OATES, KNEZEVICH, GARDENSWARTZ, KELLY & MORROW P.C. Carroll Drive Properties,LLC—TDR Application November 25, 2014 Page 2 a. 2-40-30: Transfer of Development Rights The Applicant is seeking approval for five (5) Irrevocable TDRs for the Parcels listed above which are located in the Rural/Remote (RR) zone district. The Applicant shall address Land Use Code Sec. 6-70-40 below. b. 6-70-30(a)(1): TDR Sending Sites—Number of TDRs Created The Applicant is seeking a total offive (5) Irrevocable TDRs, one for each of the Parcels. All of the Parcels are located in the Rural/Remote (RR)zone district. Four (4) of the Parcels are legally created parcels (e.g. mining patents), and all but one are less than thirty-five (35) acres in size. As legally created parcels, each is entitled to one (1) Irrevocable TDR. The other parcel is a metes and bounds parcel that is forty (40)acres in size, and is therefore also entitled to one (1) Irrevocable TDR pursuant io Sec. 6-70-30(a)(1). c. 6-70-40(a)(1-4): Criteria for Sending Sites (I) Th..? sending sites are all legally created parcels. (2) The Parcels are located in the Rural/Remote (RR)zone district, which is a zone district from which development rights may be transferred pursuant to Sec. 6-70-30(a)(1). (3) Only two (2)parcels meet the criteria for severing an Irrevocable TDR on a parcel greater than thirty-five (3.5) acres and as the two parcels are less both less than 70 acres. no aggregation of acreage is required ('4) The Applicant shall deed restrict the Parcels (e.g. Sending Sites) against all further development in a form of deed restriction approved by the County Attorney. The deed restriction shall address (a) what types of activities, if any, not involving structures or regular human occupancy may still be conducted upon the land following transfer of the TDRs (with respect to types of activities that the Applicant wants to conduct upon the land, the Applicant wants to continue to access the Parcels for hunting,fishing, hiking, etc. not involving regular human occupancy), and(b) obligations regarding maintenance of the land(including weed control and fence maintenance)following the transfer of the TDR.s There are no improvements on any of the sites. I am enclosing land surveys for each of the Parcels from the Bureau of Land Management, vicinity maps from Pitkin County GIS, and the DR Certificates as follows. 1. Exhibit A: Balcomb Metes and Bounds Parcel (DR 97.22.CH) 2. Exhibit B: Parnell, et al. Wash(DR 96.019.CH) 3. Exhibit C: Copper Crystal, et al. Lodes (97.024ES) 4. Exhibit D: Trainor's Best(DR 96.011.1ES, 2CH& 3ES) 5. Exhibit E: Humbolt Lodt (DR 97 023ES) 000016 OATES, KNEZEVICH, GARDENSWARTZ, KELLY & MORROW P.C. Carroll Drive Properties, LLC—TDR Application November 25, 2014 Page 3 I am also attaching as Exhibit F a copy of the Development Agreement from 2002, between Carroll Drive Properties, Morton, LLC ("Morton") and the County regarding the allowable floor area for each TDR should it be landed on certain properties owned by Carroll Drive Properties, whereby the floor area per TDR for specific parcels owned by Carroll Drive Properties and/or Morton is valued at 5,000 square feet rather than 2,500 square feet. Please contact me if you have questions on need additional information. Sincerely, OATES,KNEZEVICH,GARDENSWARTZ,KELLY& MORROW,P.C. By_ Sarah M. Oates Enclosures Cc: Rocky Tschappat 000017 PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wolff DATE: 10/29/14 PHONE: (970) 920-5093 E-MAIL: suzanne.wolffpitkincounty.com PARCELS & PARCEL ID #s: • Parnell, Cleveland, Apex and Nellie Wash, USMS #7693; PID#299905400020; 41.32 ac • Trainor's Best, USMS 15920; PID#299906200004; 9.49 ac • Humboldt, USMS 4700; PID#299905200008; 10.33 ac • Copper Crystal, Silver Crystal, Silica Crystal, Gold Crystal, Diamond Crystal & Lime Crystal, USMS 4949; PID#299908400001; 59.2 ac • M/B Secs. 15 & 22, T8S, R89W; RID #246115300006; 40 ac ZONE: Rural/Remote OWNER: Carroll Drive Properties 411PS REPRESENTATIVE: Sarah Oates EMAIL: smo@okglaw.com Type of Application: TDR Certification for parcels in the Rural/Remote zone district Land Use Code Sections to be addressed in letter of request (application): • 2-40-30: Transfer of Development Rights • 6-70-30(a)(1): TDR Sending Sites— Number of TDRs Created • 6-70-40(a)(1-4): Criteria for Sending Sites Review by: Community Development Director Public Hearing? NO. Planning Fee: $1,872 flat fee (non-refundable; based on 6 hours of staff time. If staff review time exceeds 7.2 hours, the Applicant will be charged for additional time above 6 hours at a rate of $312/hour) To apply, submit 1 copy of the following information related to the sending sites: 1. Letter signed by the owner requesting issuance of TDR Certificates in compliance with the Code sections listed above. 2. Owner's Background Information: Owner's name, address, telephone number, and email address. 3. Parcel Description: ▪ Mining Claim: Claim name, United States Mineral Survey (USMS) Number and Mining District, Pitkin County Parcel ID Number, number of acres,; • Metes and Bounds Parcel: legal description, Pitkin County Parcel ID Number, number of acres and number and types of improvements existing on-site. 4. Number and types of improvements existing on the sites (if applicable) 5. Certified survey describing and locating the parcel. 000013 6. Disclosure and Proof of Ownership: A disclosure of ownership of the parcel, consisting of a current certificate or ownership and encumbrance report 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 mortgages, judgments, liens, easements, contracts and agreements affecting use and development of the parcel and proof of the owners' right to use the land for the purposes identified in the development application. This shall normally require proof of complete ownership or written consent from all owners. 7. Documentation of how and when the parcels were created. 8. Documentation of chain of title/non-merger of lands for the subject parcel and all adjacent parcels from title company or attorney. 9. Signed fee agreement (form attached) 10. Copy of this preapplication conference summary form 11. TDR Certificate and Restrictive Covenant executed by owners (forms attached) NOTES: • The required submission material is only that information related to the sending site. The ultimate receiver site has no bearing upon the review or approval of a certificate of TDRs. • 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. • The Land Use Code is available on-line at County Code 000019 October 30, 2014 Suzanne Wolff,Senior Planner Pitkin County Community Development Department 130 S. Galena Avenue,Third Floor Aspen,CO 81611 RE: Issuance of TDR Certificates Dear Suzanne, On behalf of Carroll Drive Properties, LLC ("Carroll Drive Properties"),the current holder of Certificates of Development Rights for the following parcels, I am requesting the issuance of TDR Certificates for said parcels: 1. DR 97.022.CH: M/B Secs. 15 &22,T8S,R89W, PID #241115300006,40 acres 2. DR 96.019.CH: Parnell,Cleveland,Apex and Nellie Wash, USMS#7693, •= ; r r= PID #2999O2fl419.49 acres 3. DR 96.011.1ES: Trainor's Best, USMS#15920; PID #299905200008, • 10.33 acres (together with DR 96.011.2CH and DR 96.011.3ES) 4. DR 97.023.ES: Humbolt,USMS#4700, PID#299905200008, '- 10.33 acres 5. DR 97.024.ES: Copper Crystal,Silver Crystal,Silica Crystal, Gold Crystal, Diamond Crystal &Lime Crystal,USMS#4949, PID #299908400001,59.2 acres Additionally,I authorize Sarah Oates and Leonard Oates of Oates, Knezevich, Gardenswartz, Kelly&Morrow, P.C.to process the TDR land use application on behalf of Carroll Drive Properties. Please contact me if you have any questions or need additional information. The contact information for Carroll Drive Properties is as follows: Carroll Drive Properties,LLC 0005 Carroll Drive Aspen, CO 81611 Care of Rocky Tschappat (970) 920-1227 office rtschappat@carrolldrive.com 000020 • Sincerely, CARROLL DRIVE PROPERTIES, LLC • By: / Rocky Tschappat,Authorized Representative • 2 000021 e LAW OFFICES OF OATES, KNEZEVICH, GARDENSWARTZ, KELLY & MORROW, P.C. PROFESSIONAL CORPORATION THIRD FLOOR,ASPEN PLAZA BUILDING 533E HOPKINS AVENUE ASPEN.COLORADO 81511 WWW.OKOKLAW.COM LEONARD M OATES TELEPHONE(970)920-1700 RICHARD A KNEZEVICH FACSIMILE(970)9204 171 TED GARDENSWARTZ DIRECT(9701544.1853 DAVID B KELLY MARIA MORROW OF COUNSEL smo@dcglav corn STEPHENR CONNOR ANNE MARIE MCPHEE SARAH M OATES STEPHANIE M HOLDER ATTORNEY'S OPINION LETTER NON-MERGER OF PARCELS/CHAIN OF TITLE By this letter, the undersigned, Sarah M. Oates, an attorney licensed to practice law in the State of Colorado hereby certifies the following with respect to the following parcels owned by Carroll Drive Properties LLC: 1. Parnell,Cleveland, Apex and Nellie Wash, USMS #7693 is surrounded by U.S. Forest Service land to the north, east and south of the property and a mining claim owned by an unrelated/unassociated party to the west. The property was purchased from the Willoughby Group in 1996. The Willoughby Group obtained a Certificate of Development Rights from Pitkin County in 1996. The property is not merged with any adjacent property. 2. Trainor's Best,USMS#15920 is surrounded by land owned by the U.S. Forest Service and a mining claim owned by an unrelated/unassociated party to the north. The property was purchased from John Betus, Kalmen Sapero and Mike Lavelle in 1997. The prior owners obtained a Certificate of Development Rights from Pitkin County in 1996. The property is not merged with any adjacent property. 3. Humboldt, USMS #4700 is surrounded by land owned by the U.S. Forest Service to the west and south,and two mining claims owned by Express Creek Trust to the east and north. The property was purchased from the Friedl Pfeifer Revocable Trust in 1997. The Trust obtained a Certificate of Development Rights from Pitkin County in 1997. The property is not merged with any adjacent property. 4. Copper Crystal, Silver Crystal, Silica Crystal, Gold Crystal,Diamond Crystal& Lime Crystal, USMS#4949 is surrounded by land owned by the U.S. Forest Service. The property was purchased from the Friedl Pfeifer Revocable Trust in 1997. The Trust obtained a Certificate of Development Rights from Pitkin County in 1997. The property is not merged with any adjacent property. 5. MIB Secs. 15 &22, T8S, R89W is surrounded by land owned by the U.S. Forest Service and Pitkin County. The property was purchased from Scott M. Balcomb and Janet Balcomb in 1997. The Balcombs obtained a Certificate of Development Rights from Pitkin County in 1997. The property is not merged with any adjacent property. 000022 gmisemb 411111•111111111111111w OATES,KNEZEVICH, GARDENSWARTZ,KELLY & MORROW, P.C. December 17,2014 Page 2 6. This Opinion is given solely for the purposes of the land use application of Carroll Drive Properties, LLC made with the Pitkin County Community Development Department to obtain approvals for Irrevocable Transferable Development Rights; and, may not be relied on for any other purpose. Dated Nauember I-9-, 2014. Very truly yours, OATES,KNEZEVICH,GARDENSWARTZ, KELLY&MORROW,P.C. r By: Sarah M. Oates 000023 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: � 1. APPLICANT has submitted to COUNTY an application for I{Ga '("J"_S (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 ap rlication completeness, APPLICANT shall pay a base fee in the amount of $1343. which is based o •i 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 APPLICANT Cindy Houben P Name Community Development Director 1 ignature Date: 't/—45/ Mailing A dress: T%c"-Ft\--\---- e / /' Effective 1/26/10 G:county\admin\forms\agreement to pay 000024 EXHIBIT 1 • DEVELOPMENT AGREEMENT (Carroll Drive Properties) This Development Agreement("Agreement")made this g4'day of ( ,200 - between Carroll Drive Properties, LLC, a Colorado limited liability company ("CDP"), Morton, LLC, a Delaware limited liability company ("Morton") and Pitkin County, Colorado ("Pitkin County"),a home rule Colorado county. RECITALS A. CDP is a Delaware limited liability company having its principal place of business at 0314 Carroll Drive,Aspen,CO 81611. B. Morton is a Colorado limited liability company having its principal place of business at 0330 Morton Drive, Aspen,CO 81611. C. Pitkin County,Colorado is a home rule Colorado county,having as its address 530 E.Main Street,Aspen,CO 81611. D. Pitkin County is the land use authority in unincorporated Pitkin County,Colorado. E. On and at all times since,January 1,2000,CDP was and CDP is now the fee simple owner of the real property situate in Pitkin County,Colorado described on Exhibit "A" attached hereto(the"Properties");except one of the properties,Lot R-50, was conveyed by CDP to Morton, in 2000. Morton, is owned by James Stafford, the nephew of William Ziff. F. CDP is wholly owned by members of the William Ziff family, and the Properties have been owned at all times pertinent by members of the William Ziff family. G. Commencing in 1996 and continuing through into 1998, CDP acquired the ten(10) transferable development rights referenced in Exhibit"B"attached hereto. In 1999 Morton acquired one(1)transferable development right(collectively the"TDRs"). H. CDP and Morton acquired the TDRs for purposes of allowing them to apply the same on the Properties,some or all of them,in order to exceed allowable floor area above that permitted by right under the Pitkin County Land Use Code,as now,in effect or hereafter amended ("Code"). Page 1 #111111111 Ill1I111111t 111111, M1II,I1t ih111 I COUNTY 06/04/2 314 001f 5 2 02:26F SItVIP DAMS PiTKIN COUY CO R 8.00 D 0.00 f Ut�:; 25 I • I. CDP and Pitkin County have agreed that for purposes of use of the TDRs on the Properties for intensity bonus purposes, i.e. additional floor area on each of the Properties, that the TDRs shall continue to be valued at 5,000 square feet of floor area per TDR, subject to the conditions herein contained. NOW,THEREFORE,for a good and valuable consideration the receipt and sufficiency of which is hereby acknowledged by each of the Parties, and the mutual covenants, promises and conditions contained herein,CDP and Morton, and Pitkin County agree as follows: 1. Each of the Properties qualification as a receiver site for the TDRs shall be reviewed under the provisions of the Code as the same is currently in effect and hereafter shall be entitled to review under the Code as the same may hereafter be rewritten and hereafter amended,if rewritten or amended. 2. If the TDRs are used on the Properties,each of the TDRs is agreed to be valued for intensity bonus purposes at 5,000 square feet of floor area. 3. In the event that the TDRs shall be sold by CDP or Morton or utilized by CDP or Morton on real property other than the Properties,the TDR so sold or utilized shall be valued at 2,500 square feet of floor area for intensity bonus purposes and 5,000 square feet of floor area for GMQS subdivision exemption for newly created lots. 4. CDP and Morton may transfer and convey the TDRs to members of the William Ziff family,including trusts of which they are the beneficiaries and for entities of which they arc the controlling members,subject to the terms,conditions and obligations of this Agreement, at the values contained in Paragraph 2 above so Iong as the TDRs shall be utilized on the Properties by members of the William Ziff family including trusts of which they are the beneficiaries and/or entities controlled by them. 5. The right`s of CDP and Morton pursuant to this Agreement shall be permanently vested. 6. This Agreement shall be binding upon the Parties hereto,their respective successors and assigns,and shall constitute a burden and benefit to the Properties. 7. In the event of any dispute arising under this Agreement,the prevailing party therein shall be entitled to the award of its reasonable attorney's fees in addition to any other relief which said Party shall be entitled. Page 2 11!l11I 1I! III 468341 III II OS//04/200{ 6 :I III Z 02.2DF SILVIA DAVIS PITKIN COUNTY CO R 0.80 D 8.80 006026 , IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first written. MORTON, LLC CARROLL DRIVE PROPERTIES,LLC By F J/ yr ,24_6-t_ By t 1A/1-- s91-L James Stafford, Manager Daniel Ziff,Manager PITKIN COUNTY,COLORADO BY ITS BOARD OF COUNTY COMMISSIONERS ATTESTBy --" /.(1,72/...6/ PQM ClOa-06-02_,Chairman mi7tt klU) Clerk of the Board / a I 1 D:IJatsCliensIZIFF1Cittoll Dtluc Ft wanks.LLC TDR Valuation lamicMpcncricot rind wpd 468341 pa9g' 3ofg 86104/920\-\ efitiNall 2:20F 0.00 R ItrTKIN SILVIp DAVISp / 2 000021 I, IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first written. MORTON, LLC C OLL DRIVE PROPERTIES, LLC Bylbw .'iw By — 3a rIT`ies Stafford, Manager Daniel Ziff, Manager PITKIN COUNTY, COLORADO BY ITS BOARD OF COUNTY COMMISSIONERS Ai"1>rST By Chairman Clerk of the Board II 1111111 1111111111 II II II e683 e eZ:z0F SILVIP ()AVIS PITKIN COUNTY CO R 0.00 D 0.00 (3 000023 t EXHIBIT"A" Lot R9 Lot R22 Lot R23-A Lot R25-A Lot R49 Lot R50 Lot R51 Lot R52 Lot R53-A Lot R86A Stern Ranch,Tract 2 Lot 1,Ziff Lot Split Lot 2,Ziff Lot Split Cemetery Tract 468341 e99e4/:oe2 O2:2OF 31111111111111111111111 co ©0R SILVIA DAVIS PIMA COUNT' J ( (/ 000329 1 e . EXHIBIT"B" 1. Scottish Chief IR-98.37ES 2. Trainor's Best DR-96.O11.1ES DR-96-011.2CH DR-96-011.3ES 3. Concord DR-96-012ES 4. Red Mountain King Mammoth 1&2 DR-96.015.1 DR-96.015.2 DR-96.015.3 5. Crystals (5) DR-97.024ES 6. Humboldt DR-97-023ES 7.Balcomb (Thompson Creek) DR-97.022CH 8. Parnell,et al DR-96.019CH 9. Highland, 1,2&3 IR-97.3ES 10. Boulder,et al DR-97.025ES 11. The Amazon and Mascott IR-99.51.ES 1):1Dau\Clieva\ZIFF1Canolt Dive Propenics,LL.CITDR ValuariOM1 IrsveslAgrcemerw final vpd 1111111111111111111,11, 46341 :as!::4/2E02 02:zap S1LVIp DAVIS PITKIN COUNTY CO R 0.80 0 I 000030