HomeMy WebLinkAboutpitkin.planning.273503100800, 273503100808, 273503100809 (2015)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: 2735-03-1-00-800 Application Date: 4/3/15 Case No: P031 -15
Description: Owl Creek/Sky Mountain Trail Location and Extent Review Planner: Lance Clarke
# Copies: 8
Allocated Hours: 3
Project Address: OW BUTTERMILK RD, ASPEN, CO 81611 % Over Hours: 4
Property Owner: CITY OF ASPEN
Owner's REP: MATT KUHN
REP's Email: matt.kuhn@cityofaspen.com
Address: 585 CEMETERY LN
ASPEN, CO 81611
Address: 130 S GALENA ST
ASPEN, CO 81611
Owner Phone: (970) 920-5150
REP's Phone: (970) 429-2035
Referrals: AIRPORT REFERRAL Other Referrals: Owl Creek HOA None
OPEN SPACE & TRAILS REFERRRAL Public Works None
ALL OTHER REFERRALS Long Range Planner 5/22/15
Comments Due Date: 05/22/2015
Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting:
Meeting Date: 06/02/2015
Review Body: p&Z
Public Hearing? yes
Notice Date: 04/30/2015
Meeting Notes:
Approvals:
BOCC Resolution #: P&Z Determination #: 002-2015#620660
BOCC Ordinance #: HO Determination #:
Admin Determination #:
Other Information:
VR Approval Date: Plat Recorded Date:
VR Expires Date: Plat (Bk, PG): n/a
Remarks: no vesting
Application Type:
Parcel ID: 2735-03-1-00-808 Application Date: 4/3/15
Description: Owl Creek/Sky Mountain Trail Location and Extent Review
Project Address: 0 W BUTTERMILK RD, ASPEN, CO 81611
Property Owner: CITY OF ASPEN
Owner's REP: MATT KUHN
REP'S Email: matt.kuhn@cityofaspen.com
Address: 585 CEMETERY LN
ASPEN, CO 81611
Address: 130 S GALENA ST
ASPEN, CO 81611
Case No: P031-15
Planner: Lance Clarke
# Copies: 8
Allocated Hours: 3
% Over Hours: 4
Owner Phone: (970) 920-5150
REP's Phone: (970) 429-2035
Referrals: AIRPORT REFERRAL Other Referrals: Owl Creek HOA None
OPEN SPACE & TRAILS REFERRRAL Public Works None
ALL OTHER REFERRALS Long Range Planner 5/22/15
Comments Due Date: 05/22/2015
Meetings: list Meeting: 2nd Meeting: 3rd Meeting:
Meeting Date: 06/02/2015
Review Body: p&Z
Public Hearing? yes
Notice Date: 04/30/2015
Meeting Notes:
Approvals:
BOCC Resolution #: P&Z Determination #: 002-2015 #620660
BOCC Ordinance #: HO Determination #:
Admin Determination #:
Other Information:
VR Approval Date: Plat Recorded Date:
VR Expires Date: Plat (Bk, PG): n/a
Remarks: no vesting
Application Type:
Parcel ID: 2735-03-1-00-809 Application Date: 4/3/15
Description: Owl Creek/Sky Mountain Trail Location and Extent Review
Project Address: OW BUTTERMILK RD, ASPEN, CO 81611
Property Owner: CITY OF ASPEN
Owner's REP: MATT KUHN
REP'S Email: matt.kuhn@cityofaspen.com
Address: 585 CEMETERY LN
ASPEN, CO 81611
Address: 130 S GALENA ST
ASPEN, CO 81611
Case No: P031-15
Planner: Lance Clarke
# Copies: 8
Allocated Hours: 3
% Over Hours: 4
Owner Phone: (970) 920-5150
REP's Phone: (970) 429-2035
Referrals: AIRPORT REFERRAL
OPEN SPACE & TRAILS REFERRRAL
ALL OTHER REFERRALS
Comments Due Date: 05/22/2015
Meetings:
1st Meeting:
Meeting Date:
06/02/2015
Review Body:
p&Z
Public Hearing?
yes
Notice Date:
04/30/2015
Meeting Notes:
Other Referrals: Owl Creek HOA None
Public Works None
Long Range Planner 5/22/15
2nd Meeting:
3rd Meeting:
Approvals:
BOCC Resolution #: P&Z Determination #: 002-2015 #620660
BOCC Ordinance #: HO Determination #:
Admin Determination #:
Other Information:
VR Approval Date: Plat Recorded Date:
VR Expires Date: Plat (Bk, PG): n/a
Remarks: no vesting
Application Type:
RECEPTION#: 620660, 06/11/2015 at
04:17:50 PM,
1 OF 3, R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF PITKIN COUNTY,
COLORADO, FINDING THE CITY OF ASPEN OWL CREEK CONNECTOR TRAIL TO SKY
MOUNTAIN PARK LOCATION AND EXTENT REVIEW IN CONFORMANCE WITH THE
2013 WEST OF MAROON CREEK MASTER PLAN
Resolution No. PZ-_�) _-2015
RECITALS
1. City of Aspen Parks & Open Space (hereafter referred to as the "Applicant') has applied to the Planning
and Zoning Commission of Pitkin County ("Planning Commission") to obtain approval for Location and
Extent Review for the Owl Creek Connector Trail to Sky Mountain Park.
2. The project is approximately 5,450 feet in length, and would extend from the "Stapleton' parking area to
the Airport Operations Center along the west side of Owl Creek Road. The trail is represented to be an
unpaved, single track, for non -motorized use only.
3. Pursuant to C.R.S 30-28-110(1), and Land Use Code Section 2-30-30(h)(10), the Planning
Commission finds that the proposed Trail Location and Extent application is consistent with the 2013
West of Maroon Creek Master Plan.
4. The Planning Commission reviewed the application at a duly noticed public hearing on June 2, 2015,
at which time evidence and testimony were presented with respect to this application at a Public
Hearing.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission that it hereby finds the
City of Aspen Owl Creek Connector Trail to Sky Mountain Park Location and Extent Review in
conformance with the 2013 West of Maroon Creek Master Plan subject to the following conditions.
1. The Applicant shall adhere to all material representations made during the application process or in
public meetings or hearings and shall consider those representations to be conditions of approval.
2. Prior to initiation of construction/excavation in the County, the trail plans must be reviewed and
approved by Pitkin County Open Space and Trails.
3. Any proposed trail signage in the County shall be reviewed and approved by Pitkin County OST.
4. Road crossings for Owl Creek Road and West Buttermilk Road must be approved by the County
Engineer. West Buttermilk road crossing may also require approval of the Buttermilk Metro District.
5. Failure to comply with these conditions of approval may result in revocation of this permit or any
subsequent permits related to this property or vested rights associated with this property.
NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES
WEEKLY ON THE 30th DAY OF APRIL, 2015
Resolution No. PZ- _a_-2015
Page 2
FOUND IN CONFORMANCE WITH THE 2013 WEST OF MAROON CREEK MASTER PLAN by
the Planning Commission this 2nd Day of June, 2015.
ATTEST:
iC nnt2 Cx4
Bonnie Waechtler, Administrative Assistant
APPROVED AS TO FORM:
John Ely, C Attor /
P3
PID 273502200802
PLANNING AND ZONING COMMISSION
OF PITKIN COUNTY, COLORADO
Mirte Mallory,
Chair
co1zlts
Date
APPROVED AS TO CONTENT:
Cindy Houben, Community Development Director
Resolution No. PZ -,a -2015
Page 3
Attachment A
Lands in the SE'/< of section 3, Township 10 South, Range 85 West
MEMORANDUM
TO: Pitkin County Planning and Zoning Commission
FROM: Lance Clarlte, Assistant Director
RE: Owl Creek Connector Trail- Location and Extent Review, Public Hearing
DATE: June 2, 2015
SUMMARY OF REQUEST: The Applicant is requesting Location and Extent Review approval to
construct an unpaved single track mountain bike and hiking trail along the west side of Owl Creek Road to
connect recreational parking at the "Stapleton Lot" with Sky Mountain Park.
APPLICANT: City of Aspen, Parks & Open Space
REPRESENTATIVE: Matt Kuhn
LOCATION: A length of approximately 5,450 feet from public parking at Highway 82 and Owl Creek
road to a crossing of Owl Creek Road at the Airport Operations Center where the trail would join the
existing paved trail on the east side of Owl Creek Road.
ZONING: AR -2, City, AR -10
BACKGROUND: Two County —owned parcels and a City -owned parcel are traversed. The City -owned
parcel is in the City limits. The Applicant has not yet received authorization from the County for the
application/use of the County -owned parcels. Discussions are on-going. No work on County properties will
be allowed until authorization is obtained.
The "Sky Mountain Park Management Plan", prepared by Pitkin County Open Space and Trails, Aspen
Parks & Recreation, and the Town of Snowmass Village, includes this trail as a "proposed trail". This
Management Plan was reviewed by the P&Z in a Location and Extent Review prior to the adoption of the
West of Maroon Creek Master Plan. The applicable master plan used for that review was the Brush Creek
Master Plan. This trail segment though, is not, and has not ever been, in the Brush Creek planning area.
PROCEDURE/PROCESS: C.R.S 30-28-110(1) and Land Use Code Section 2-30-30 (h)(10) provide
that the Planning Commission shall review the location and extent of projects proposed by a
governmental entity or public utility in the unincorporated area of the County for conformance with the
applicable comprehensive plan or master plan. The Planning Commission's action on a Location and
Extent proposal is essentially "advisory", as disapproval may be overruled by the jurisdiction/authority
making the proposal.
REFERRAL COMMENTS: Comments from Ellen Sassano (County Long Range Planner) are in the
packet.
STAFF COMMENTS: The 2013 West of Maroon Creek Plan (WOMP) is the applicable Master Plan for
review of this application. Though the Aspen Area Community Plan included this area, the subsequent
I C,f &
adoption of the WOMP incorporated relevant aspects of the AACP and provides more guidance and detail
for the specific WOMP area.
The attached comments from Ellen Sassano indicate the proposed trail is in conformance with the WOMP.
RECOMMENDATION: Staff recommends that the Planning Commission approve the Location and
Extent Review for the Owl Creek Connector Trail to Sky Mountain Park and find it in conformance with the
2013 West of Maroon Creek Master Plan, subject to the attached draft Resolution.
Application provided separately
ATTACHMENTS:
Sassano comments
I
5/26/2015 Pitkin County Mail - Comments Re: Owl Creek/Sky Mtn Trail
q)y nay,
yJ ^r ^« r Lance Clarke <Iance.clarke@pitkincounty.com>
Comments Re: Owl Creek/Sky Mtn Trail
1 message
3
Ellen sassano<ellen.sassano@pitkincounty.com>
To: Lance Clarke <Iance.clarke@pitkincounty.com>
Lance,
I have reviewed the Owl Creek Sky Mountain Trail Location & Extent Review application for
compliance with the 2013 West of Maroon Creek Plan (WOMP.) The proposed trail is
identified on the Trails Map in the Plan, and also specifically identified on page 26, in
Sections 11.1 and 11.1 b. as an action item to implement the direction "to improve efficiency
and coordination between all related aspects of transportation in the WOMP area." Sections
11.7 and 11.7c. recommend that any trail signage be coordinated with the County Open Space
and Trails Staff as part of a larger signage plan for the area. Finally, this trail is identified on
the Pitkin County Open Space & Trails Dept. Trails Plan for the Upper Valley as a means of
connecting existing trails to function as part of a larger network... Let me know if you have
any questions!
Ellen Sassano,
Senior Long Range Planner
Fri, May 22, 2015 at 5:06 PM
https://mail.google.com/mail/u/0/?ui=2&ik=eb4l Of3ac7&view=pt&search=inbox&th=l4d7deObfe262e2c&siml=14d7deObfe262e2c 1/1
RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF PITKIN COUNTY,
COLORADO, FINDING THE CITY OF ASPEN OWL CREEK CONNECTOR TRAIL TO SKY
MOUNTAIN PARK LOCATION AND EXTENT REVIEW IN CONFORMANCE WITH THE
2013 WEST OF MAROON CREEK MASTER PLAN
Resolution No. PZ- -2015
RECITALS
1. City of Aspen Parks & Open Space (hereafter referred to as the "Applicant') has applied to the Planning
and Zoning Commission of Pitkin County ("Planning Commission") to obtain approval for Location and
Extent Review for the Owl Creek Connector Trail to Sky Mountain Park.
2. The project is approximately 5,450 feet in length, and would extend from the "Stapleton' parking area to
the Airport Operations Center along the west side of Owl Creek Road. The trail is represented to be an
unpaved, single track, for non -motorized use only.
3. Pursuant to C.R.S 30-28-110(1), and Land Use Code Section 2-30-30(h)(10), the Planning
Commission finds that the proposed Trail Location and Extent application is consistent with the 2013
West of Maroon Creek Master Plan.
4. The Planning Commission reviewed the application at a duly noticed public hearing on June 2, 2015,
at which time evidence and testimony were presented with respect to this application at a Public
Hearing.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission that it hereby finds the
City .of Aspen Owl Creek ,Connector Trail to Sky Mountain Park Location and Extent Review in
conformance with the 2013 West of Maroon Creek Master Plan subject to the following conditions.
1. The Applicant shall adhere to all material representations made during the application process or in
public meetings or hearings and shall consider those representations to be conditions of approval.
2. Prior to submittal of the required earthmoving permits the applicant shall demonstrate authorization for
use of the County -owned parcels.
3. Prior to initiation of construction/excavation, the applicant shall apply for and obtain from Community
Development an Earthmoving/Clearing and Grubbing Permit for excavation, revegetation and trail
construction; a Drainage and Erosion Control Plan; and a Construction Management Plan. These
permits/plans will also be reviewed and must be approved by Pitkin County Open Space and Trails.
4. Any proposed trail signage in the County shall be reviewed and approved by Pitkin County OST.
5. Road crossings for Owl Creek Road and West Buttermilk Road must be approved by the County
Engineer.
6. Failure to comply with these conditions of approval may result in revocation of this permit or any
subsequent permits related to this property or vested rights associated with this property.
Resolution No. PZ- -2015
Page 2
NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES
WEEKLY ON THE 30th DAY OF APRIL, 2015
FOUND IN CONFORMANCE WITH THE 2013 WEST OF MAROON CREEK MASTER PLAN by
the Planning Commission this 2nd Day of June, 2015.
ATTEST:
Bonnie Waechtler, Administrative Assistant
APPROVED AS TO FORM:
John Ely, County Attorney
P03I-15
-Le-15
PID 273502200802
PLANNING AND ZONING COMMISSION
OF PITKIN COUNTY, COLORADO
Mirte Mallory,
Chair
Date
APPROVED AS TO CONTENT:
Cindy flouben, Community Development Director
Resolution No. PZ- -2015
Page 3
Attachment A
Lands in the SE '/< of section 3, Township 10 South, Range 85 West
I
•
OWL CREEK CONNECTOR TO
SKY MOUNTAIN TRAIL
CITY OF ASPEN
130 South Galena Street
Aspen, Colorado 81611
LOCATION AND EXTENT
REVIEW
Submitted to: Pitkin County
130 South Galena Street, Aspen, Colorado
Prepared by: City of Aspen Open Space and Trails
130 South Galena Street, Aspen, Colorado
March 31, 2015
C
1
000002
• OWL CREEK CONNECTOR TO
SKY MOUNTAIN TRAIL
11
C]TY OF ASPEN
130 South Galena Street
Aspen, Colorado 81611
LOCATION AND EXTENT
REVIEW
00000
Submitted to: Pitkin County
130 South Galena Street, Aspen, Colorado
Prepared by: City of Aspen Open Space & Trails
130 South Galena Street, Aspen, Colorado
March 31, 2015
1 I Page
TABLE OF CONTENTS
1. Summary Letter of Request
2. Submission Requirements
3. Disclosure and Proof of Ownership
4. Legal Description of Property
5. Owner Consent
6. Street Address & Parcel Description
7. Agreement for Payment
8. List of Adjacent Property Owners
9. Pre -application Conference Summary
killt 1
2 1 P a g e
E
•
A
X
APPLICATION REQUEST
The applicant requests a Location and Extent Review for the creation of an
unpaved, single track trail along the west side of Owl Creek Road to connect
to Sky Mountain Park.
As identified in the Sky Mountain Park Management Plan, the City of Aspen,
under the direction of the Open Space and Trails Board, is proposing to
construct a single track mountain bike and hiking trail connecting the current
Buttermilk ski area parking lots to the Sky Mountain Park Open Space. This
trail will run along the west side of Owl Creek Road and align through three
parcels of public land; Airport Bluffs Open Space, Burlingame Ranch West
Open Space and Pitkin County. The trail will remain on open space land until
it crosses Owl Creek Road near the Airport Operations Center and connecting
with the existing Owl Creek Trail along the east side of the road. The trail will
have a total length of 5450 feet.
II. PROJECT DESCRIPTION
The current Burlingame West Open Space consists of three parcels, with the
proposed trail to be constructed on Lot 1C as described in the attached plat
recorded October 10, 2005. The parcel is subject to a deed of conservation
easement held by the Aspen Valley Land Trust (AVLT). Lot IC is bordered
on the north by Airport Bluffs Open Space
III. The proposed trail will cross three contiguous parcels owned by the City of
Aspen and Pitkin County_
000005
3 1 P a g e
Parcel Name
Parcel Number
Owner
Approximate Length
Airport Bluffs Open
264335300851
Pitkin County
•
850 feet
Space
Burlingame Ranch
273503100808
City of Aspen
3500 feet
None
273503400840
Pitkin County
1100 feet
Total New Trail
5450 feet
IV
HISTORY OF LAND USE APPROVALS
The proposed trail was included in the Sky Mountain Park Management plan,
approved in the summer of 2012 by Pitkin County, the Town of Snowmass
Village and the City of Aspen. The Management plan was subsequently
found in conformance with the Brush Creek Master plan and many of the
management actions have consequently been implemented. The proposed
Buttermilk Connector Trail, though found in conformance with the Brush
Creek Master Plan, is also subject to the 2012 Aspen Area Community Plan
and the West of Maroon Creek Plan (WOMP).
Existing Conditions
41Page
11
0
Prior Approvals
Summer 2012 — Sky Mountain Park Management Approved by Pitkin
County Open Space and Trails Board of Trustees
May 2013 — Location and Extent Review Found in conformance with Brush
Creek Master Plan
Master Plan Compliance
is
West of Maroon Creek Plan (WOMP)
2012 Aspen Area Community Pln
Matt Kuhn, Trails Manager
City of Aspen
Parks and Open Space Department
000007
5IPage
:71
0
'41
CZ)
0
0
0
0
2
�n.
000010
APPLICATION SUBMISSION
REQUIREMENTS
OWL CREEK CONNECTOR
TO
SKY MOUNTAIN TRAIL
PITKIN COUNTY LAND USE CODE
PITKIN COUNTY LAND USE APPLICATION MANUAL
The submission is in accordance with the requirements of section 2.2.23 — Location and Extent
Review of the application manual. The level of development for a single track 4' width unpaved
constitutes minimal impact.
The submission is in accordance with the requirements of Chapter 7-40 Trails of the Land Use
Code.
y Consistency with County Plans
Dedication for Public Use
Design and Construction Standards
11Page
000011
000012
June 11, 2014 .
Mike Kraemer THE CITY op ASPEN
Pitkin County Community Developnient OFFicE of TxE nn A„oLNTY
130 S. Galena St.
Aspen, CO 81611
RE: Cozy Point Ranch
Dear Mr, Kraemer:
I am an attorney licensed to practice law in the State of Colorado and presently serve as
the City Attorney for the City of Aspen. In this capacity I have examined the ownership of
property over which is planned a trail that will parallel Owl Creek Road. I can hereby confirm
that the City of Aspen is the owner of property that is known as Lot 1 C of the 31a Amended Plat,
Lot 1, Burlingame Subdivision. The property is not encumbered in any manner affecting the use
of the property for the construction and maintenhnee of the proposed trail.
As the owner of this property, the.City of Aspen authorizes Matt Kuhn and other
_ representatives of the City of Aspen Parks Department to represent the City regarding the
application' submitted to the Pitkin County Planning and Zoning Commission for. the installation
of the trail on this property. The City of Aspen will be represented throughout this process by
these individuals.
If you deed anything farther, please advise.
Thank: you,
Sincerely,
James R. True
City Attorney
000013 130 SOUTH G:AdNA STREU Asnx, CUTARA W 81611-1975 NONE 970.920.5055 E%x 970.920,5119
F&W un rz«pdN r,M. .
0
P.:rmonerlly preserving open lands For agriculture,
wildWe habitat, scenic enleymeni and recreation
In Ilre g,eo'er Roaring fork and Colorado River Valleys
April 2, 2015
Board of Directors
Jim Cardamon
President
Steve carter Re: Burlingame Ranch West connector trail to Sky Mountain Park'
Jeanne Daremus
Austin:
Bill Kane
•Amy Daley Krick I have reviewed your request to install a dirt "single track" trail adjacent to the
Fred Lodge existing ditch that bisects the Burlingame Ranch West property which is owned
by the City of Aspen and encumbered with a conservation easement held by
AVLT (Pitkin County reception # 484727) and have found the following:
---..... Staifi
Martha Cocnr'an
City of Aspen
David Bellack,
Aspen Parks &Open Space
VKe-President
conditions in paragraph 7'. Per paragraph 7 (The Trust's Approval) AVLT finds
Connor P Colenvin,
Attn: Austin Weiss
Gary Knaus
the conservation easement and therefore grants the development of said trail
Secretary
585 Cemetary Lane
Dan Brumbaugh
Aspen, CO 81611
Treasurer
Steve carter Re: Burlingame Ranch West connector trail to Sky Mountain Park'
Jeanne Daremus
Austin:
Bill Kane
•Amy Daley Krick I have reviewed your request to install a dirt "single track" trail adjacent to the
Fred Lodge existing ditch that bisects the Burlingame Ranch West property which is owned
by the City of Aspen and encumbered with a conservation easement held by
AVLT (Pitkin County reception # 484727) and have found the following:
---..... Staifi
Martha Cocnr'an
Under section 5.B. ofthe conservation easement the City has the right "to
rxacullve Director
-construct and maintain a public trail through portions of the property, sul7 ect to the
Suzanne-Slephem
Assooafe Direcrol
conditions in paragraph 7'. Per paragraph 7 (The Trust's Approval) AVLT finds
Connor P Colenvin,
the the proposed dirt single track trail to be not inconsistent with the terms of
Stewardship Director
the conservation easement and therefore grants the development of said trail
David bickson
as defined in the attached map. If the alignment of the proposed trail changes
Prq,W Manager
_
please contact AVLT for a supplemental review.
Melissa Sumera
Office Manager
Sincerely,
n_��
Connor P. Coleman
Stewardship Director
• Attachedinap — Sky Mountain Connector Trail
Aspen 4-blley Land Trust
320 Main SIr=t * Suile 20^— • Carbondale Colorado 81623 •970.963.8440 phone • 970.963.8441 lax
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ra'a ryv cb;rg buzneo M P;rMn Cwmy9 Cobrvda does he.(eby aerb'h/ )het 5a Peraaa fz!ad es I.,.,
Ibis Plat bolds fee sknpk 4b to 'h WM8 dee-abed .=a prop My, bee end dem at oaf '.ne on9
ancurtlrwew except thoa ahaaa er d ..•'ked on :his Pbt.
OOkN y0e.?04 dav10!Saa b r2=-. 2005.
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Swsa[SLA _as tithe eaaMnar /w rood Tilk Cuareateo Camprny.
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of I. Birk gam. R 5 Nuly .rM Lv:r * reoresanis the rerdts If a y made
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W iota 5.8, ,q y, Mood ataR4ae.
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3rd Amended Plat
Lot 1, Burlingame Ranch
Pitkin County, Colorado
Slzowiiag
a Lot bine Adjustment between
the
City
of
Aspen and Soldner and
formalizing the Descriptions
of
Lots
1A,
1B and 1C
c£RT'.FICAIE 5P LYU Wev ANO RIIAYFS
kHON• u, aw Bt O1L5E P aaE
T'wt Stec ay of Aeam. h ,eda ban8 da .raw If plawtt, eaev,Ted ea Lot i eor:Sin9 A, the G:9ol FLet M
BLWLt ^M< RPAKif .5!Mlt 5TJ,Y q:d'M.W'B KKNLyhY, Sv2f�AMM/P. V.0 os 1x01&,& At 3a# o. 1999 in
Pbf 8apk.W mf Po¢. bM o Resepfiai Na 434201 m as Jed wds 9EWMB Po'AENOMEM to the .6ZJIII Uf4
MNTlI 'X/BBA4£flN W a Lot £ ff of LM. L5Mvw LOT J I.Iled Aoy t 9. � h PAt Book M Page St
aeder Reeeptlea Ne. 46M9FJ, lob ' n+b5 Ma too d'. pauele of kind:
1). AV MN red trooMl dost bed in a . ..d recorded llq 14, 20,4 at Re 16.1 M. 497593 (SeSeer ? ;Sty
of 22). M that rao, Iepedy d4scbed he e deed aro � *Y 14. Me at .gecept No. 497591 (SOM .r to M/ W
ASPm);
Lea end £wept Me lav ahw Pafceh of I
1.) A9 that rad pmPWty bw'nq need oath corntrvch'Q in pL b Cobmda Slate Nlghlvay 92;
2.) M Mal roe! properly ,,Lala,& rn a dee, retold.,, AWvst t6 2002 of Rxeyran Me. 4]1 10] (city If Alden to
➢epabnaN of T spa^taltm Sfda d Cakmda;
J.) M Hct. reolpropdy Asclb d in . dad raeor August M 2002 d Racept;na No. 4]1 188 (City of Atpav to
Oo,ortment of Tmnmo .:fo vat. d cafe ado;
0. M thol rad Wopafl% daac ra a deed rK,Sled day 14. 20.•14 of :Teca2Aion Na 191 94 (Gilt at Aepen to
5.) M tfwt real prePerry d eo, ed is a deed 2mnied lQ.hr 14, 1004 at Reaelt: Na A918A5 (Cly J Amen to
aid ♦):
8f M that reel W.,ert, *eIrMad rn , asad r t -d
May 14 1004 IN Receplivn Na 4&2598 (Ciy cf Aaen b
sal J: III
AW< avi•Ig fowled wiiat, Sectirms 2 a 3 ro.nvdp 10'orrdr. RagBa 85 ;Vest of ft,. 6th Ate. being &1N 1 de.nbad
o tohbn
a'!aaAg a . paha! abng Ila, Eeei Ne a wstd Seef%se� A vboce Me AkMhaxt Caner of ,cid Secb'on J bears
NW'4B'217 a dbtmce d 1061.3] feat With M beam beD, M_ a6ro to a beemg of .Vtf41'19T Moaaa the W 1/4
oxalo o+M Mi NwNwset ,earns d S on 2 rclr O 10 Sodh, Ronga 85 Wast W the fill, P.M, oho baiV Me
SwMeeet Gema`W Let'3 Bu*& ' Raaah Afhfdabfe Xcaev+q AdiM'e'on . rrsudeo h+ Bock 66 at Pc9a 50' thence
a/ 9 Me Sa'ltwd ffb. tar F.sa W .m!d Let J &. me Rorrb 1dSrdaa Itauskl9 SubdvtaiarrT88v 58'JIeN a
.1. If .1 ..39 %ot Ma4c'a N65'M'J7W a 5shnco oe 340.99 feet to a p+: n! m rte. COat_- y hkeadory roe W c
Pa.cW of bad daLefbd of RMaTtfam No. 411107, Sten. otaaq s Eaefory A+madaY eae ea, Ioaaag seven (7)
aaa.ao: $1 I'25T5T a SnMm W ICd51 toot; Meme W407J7Y1 a dfelama d 147..M feet: these WI.1842t o
OATpnce of 421 feel. Mme .A9PfO'49'hl o dstwae �a! 40518 ew'; Mem Sl0'56519V a d� ce W M4.SY Leet
thee__5O1.12'21W a dbMrve d 262.2+ reef; 0.1 1324'467 a &stwae d 353-91 Met fa a Folat Ilan. the
ffa heath OUradkay baa of LH:O. Lkeak Cleb w raaaMad e, Msak M at Pogea 4 Il I& thence obi, LOM N wfy
9a„adary 6 OIe.� 'ay X (8) mesres: 559'21'M77 a &,(mace of 182.67 Met taeace 557J9'WT o asknce of
J].6] ! t theme N4Y56'35T a d'ataxe of 2.56 f C diose SGT36'40T a afataatt a JAIV feet those
561'08261 . obtaalc, of ]0.11 legit: M.,ea 5577" 7 v d;dexe of 72.50 feet hence h a Pant cWq Na,
SouMe,y Bucrdory Cm of tat 2 Bur&yvme Roach os as d d M Plot Book W at Pogo 69; th. area9 avid
'Soulhdy Bmadory khe M. faffoo q ag':Mo (+8) roar : 2+0.'9 ted o a,, tae arc M a m-Nm9or curve M Me
mR, h -.i o fades of 440M 464 n eenfml ea416 ae 2726'56- and wbtaadng v ata-& beadn9 of .152 A'29V a
&shoo Or 206.]5 foot thane fotllW`W-1 o doelarce o1 J ,V feat Mete. 21.24 Mt Mang the arc of a cw'oa to
Me rVh, hating a mems d S,. Ieet. a aagh angb of40' V 55- and .ubM ,, a chord boaing at NAY2699W
e a faaae of 2090 feat Mem N25'lO't IW a dst.0 of )[107 feat: Monce 564J9137W a d taxa of 2293 feet
Meree N45'2509W a d'akalce W 245.42 Feet Meoce, N M'24T o detMca W 92.20 fol feeace tM 24'261 a
aetaraae of 88.19 feet; Metre N& M'ZJT a aeelance of 1]0.00 Md: areae 54fYMV8T o c tonna of 157..4) feet
Merrm 5.1756'32"E a &'.,tont, d 49.04 MoL' fheoee MfJ1'58T a lobate M 148.30 feet then.. 5L.9h1'18T o
deloace of 125.]9 leaf: Mexe SM4'S5W a ash, m of 70.74 feat Mance 56F42'391 a dstareo of 46.193 feel:
lkertce 526'16'3a'N a dimarce d &39 het, meet, xutt, / f Non9 the ax W e earn-taagene c M Ne Kam.
bovhlg a mdha of 4�W : a4 o co Ingo, or 3Pf923� oM owetwldv9 a c)wA b g of 54720'44'£ a Jrdvnca
'of 25LW fel; Maaca SSi4 07V o distwaca of 2LM Yet to opo AM .b,y Me ht^hnNy 8evade1 See o1 Lab
MIa. Creek clap; ((.eats J .g sa!d Maa o Crack aoJb aewdary lice Its rorfoa n9 Bablven (13) coarsax' 5.'.t'ai 0f 7
u c9:tancg ar 3ZC2 fa0t S6XIS22$ a dha.anca If 711, ke; them .5i%%,1'36';' o ai1Mn¢a W 50.23 Iwl tala -
5?52'12£ a ddaace of 20537 (eel,, M .i71'.W21T o drsbnaf If 943] feat 1f ro 5£B2J'IOT o d.:atwre. It
M..52 feet- Man-ro t 22J2E. dafoca ofa 131.01 rryad Mea. 547e2•WT o detente of 1£24 feet: thence
509'38'371 a d' .. of 28.19. feet M. MeL
5B6'2.5'4$Ta IIoMaee of 67..69 feet; Mance a 7W'S T a dhbm or
;42.90 feet thence 586310! 7 a aisbaa or (05.68 Meace 58711'40T a ".nee W 81.;2 ro,- (harem
NOS'14'let a dslaae d ,,76 (get to o Point abng.fh Seulhetq Iioomf q fine of n p, ,, at gond dalN of It
P.ecgaflon fro. 497595: Mem o!wg soil Southerly .FurMON here, N8l'14'33W o de -Ice of 29232 !eel to v pabt
n'an9 Ma SouMwly, 9aaaWry Ona o{ a Parra W IbM Jes_vr3ad Ot Reaepfbn No. 497594: rhea, alew b 8oemdw)'
rev bee PoSadrlq (e, (2) covrsv: r�I']4'33YV a deaf Sam d SZ:.6 reef Il+eate N tN5'M E v detwra d 10x.97 4et
fo a Foist Mwp Ma SOMsdy eauadvry Oma W aParris/ of bM d,,cr;bad tit Rxeptka Na 49]59]•' fhoaca dor, Lob
3muadmry f tk, ldhwkag (hree (3f avursez T.'4O'004J7 o dbdam W 41.85 Mar, (hock, 1426'1905T . drdarbe of
]l./) feo-t Mexe Nf3'S4'40 E a &ahem W 403LU feet b o puha Meng Me Sedhsb' Bcandory 5.:n W a pamel of
bM dexnbd at nc�eab"an M. 49]595: Lhsae NJ4'04'a17 o da!wcv of 4.1J teat M o Pdnf ori Ma W etwry
Baundm/ See ofa Pore,, d YwM des,had a< RKspfbn M1b 497594' Menne vbnq ea;d & ah y Boundafy 'Ina Me
M5awb9 Nvo (2J cowsoe NJNb'dTF a dtsbnx W 116.68 (net Mecca k46'ilbTaO`<' a df.taxa of J7XM Ma b o
1.rwa[ abrlq !De I&arar§'=oomfoM fee d E¢r/X RaxO Prq rH m tcsNeIt in Bcok MI at Poga 1441 ItIenae arw'
add :Wsfa-y ✓Rw;dwr fine Me $Nae'ay sur (8) ,.urns.' NIX13B22W o eIole. or RM Feet; Nt7103YV a &stores
W 80.12 teed Merrce kPSa3 J1W a Wstartca W JBA51 (eat Mance N"A'34'11T o aefamre of 5]3 het. Meace
N0JC2'S47 a P once W x.34 feet: Mance X12'39'57£ d dsb:Ia W 12,L89 foot ro v Povet oto,, Me S ea'
Bamdary &Ie e! Aspen YageY Lead Tiu1 ne .xonhsd .Beak )O a< Page SM Mace, deng sad Bowdwy LAa the
fa'budn9 two (1) ,owao: �b•J4'raW a &Mexe of .Wr.31 feet Mexa N04'41'23T a dla:a4oa W 25&41 Mal Ia Me
yoiM of Da9loarlg saN Parts cmbL 11..15 acres mwa d Mss.
W -W
Bqh l,9 at a aoaf elw:9 tlx Fmfear "Id.ry Fee a1 a Pant W bid da.o at RecaF!1ma M. 4711 C8. mta-
Om NwM M caonrW emtd .9eeae, J Dea,e Nt6'49'14'Y' a didarce of Man teat nM a h Sys Deinq rMrtiw I
a .,,,V d N ,lt 19'E bo, e. Me W 1/4 canner ad ha Nalhw awns of Seothe 2 7aeaehla 19 SouM, R ga
95 WeM of ft 6th P.K; thence I.,, Jd Eazerfy ImuMory Wre Me f000wi , ,nem (?) winces' 514'1914'£ o
&slam It 2f2.3O feet, thea,, SlafOJ3 E e &ahem, d 1544.45 frl Chance 9 W'37T a d4tenaa d MZZ93 fe 1.
thwrce SOB'M'44T o detour d 241.22 leery drexe S162M'oeT a dhtaa, d 12A05 test Mea,. 5.14'4521£ a
eto twre. of f10.14 lee,' Lheaca 521'0106'£ a debacd at 585.18 I t to a Wnn1 ea the Mo 111 baaday Ene d a
r'a-,N• of bead hcv a k &wk 124 It Pogo �; ffi- oan9 eel NerfhadY naw l Lim 58509'32'£ a .f4.vrc'
a1 856.94 of le a 10411 on Lfie Wo!wy oowndary H. a e Pwcel d lath aWbed at RerepNon M. 411706; Menta
ala, soil Wesledy Rea,,,ry .tine the faWn',9 tM1 a (3) mores: tat';8'51W a aWaaca If NKM (! Meas
N18'S910W a ddoxe ,f 51502 feet thwme X0448187 a &store,, oI 9a87 feet. (fiance N53'JI'J2W a dstoace
of 592.96 feet; 6Mnce , 70737W a dtvtmme of "da teat; fM X74'45'37V a TifrNca of 76.91 feet; Mc
964'r923YV . al ev of 21214' them X91'S9'12W a dal.,, d 343.99 ft Moo ALUOOb6T a d!W1I 9(
W..39 roL' Mean VJI'M23V a dOonee of 232.J1 feet Meaea N43'18'J1W 0 astreoe &!.2.17.32 Met Mea.oe
ff 0' 'J7W a det... or 2360 feet !a the phare, of bwhtiw. earl Porcel as Wf . 23. IJ owao more or Leas
fat rc
Beq;IMfnq at a paint al.p the M!h mouaa y 5.n. d eek Seeova J. ehence Be IJWh 9 Comet at aw S.aff- J
bears 569'71'£17 0 doteno of JI L95 he, with all "mins b_iaq rda fo 0 bobg as W4'41'19T between Mo-
W 1/4 cafoef amt Nb Na tvaast toner at Secbbn 2 T Nle 10 Sou(h, Roo9e 85 Dbet st Me 6tk P.M..; Metoe aar19
,aid Xw!h bouIe q fine MBr12SIW o Blear Ie o, 679.09 feet thence 506'22477 a dln!oxe of 1491.17 feet tl,nca
5J719WT a &&once of 1444.&5 feet thmoa 515'0608 E a detmrc of 1216.&7 feet la o parer oa Bra NnlMcr�•
..;AI, m. or Pwoel of fwd dasai0ea A Beak 224 of Nage 469: thence obag sod NarMdy ba -r Alae the
ablbwpq th. (J) Coma,,: 559'Jl J97 0 d aI. W 209.33 feet Mem W72. t'19T a abetanca M 21.47 feat
thence WTW'37T m ebb. of 24.93 Met to a POMC an the M'®otwty bvaocbry r of a Porv-1 aeacrMd fn
.9eoeptbn Na 471135; !Mete aMv9 $a,, #est" Dnmdary Fne ire Waco 9 she (6) games: (24'142514 . dfelonea
of 644.66 Met thence N1017'02W a GWa+ce a 331.11 l t thence WI'l2'4JW a &stance of 431.46 he,; Meace
NO9'3t56W a Bete ae, d 493.13 feel M. M2 M'19V a ddaxe W .169.63 feet ll,vaos W915'41'Y1 a das!anes
e M..0 fee,; M. M240,"52W a dS4e+ce ar 125.15 fee L' thence NIr44'a4W a dstoae W 125.21 feet; Mexa
NI848'J4W a dbMnce of IM.M real; Mow Xle2VMW a drawrse M 121.95 f t lhevca alI32B'45W a o;d' e
or 10215 Leet b N2o'4J'08W a &steno of 5559 Ire( Meare MX32"4W o d'slonx d 31.90 feat (hoc.
Wr21'3f"r,' a a'a.bnca d tW..1S feat th e9 X26'5 r'OIV s afstoo- or 11568 feet. M-. MTW.V"IGW a £alta,
W 29Z.M het Mem X2531.134!' a nor.. d 1124 lent M f,a Pnkd at DMt^n;^9..^Nd Pmr..a cmb'rn 5]9:
a,_
Seat,
State of eN✓aro f)
:oenb of PrBdn
Ike r ragdng ooe ock e0;edgad Wa o .•ren !Ms i&�t do of -_ 2605, br T 3'!f r !"!ail -.
(66.). of
AiN.ess ear head aha orrircial a&
Iv
We Td Ameadvd Pim( of Lot 1,Burha g-, cos .xrreaM and oporovad 5y tae Gly of As,.a Ceam. if
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d! ea l, ..%.._ dw of 1BO5.
ce 1.1 �411:� _
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ry ae.e'rraals
I hbedy tart: y loot the .Mf hnend.d Plat d Lot 1, khotal. R. eae .'epted / roc -: ' in dm OM d aha
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3
6
000013
+Y 384fill
Land Title Guarantee Company
CUSTOMER DISTRIBUTION
Title
COMPANY
Date: 09-10-2010
Property Address:
BURLINGAME RANCH ASPEN, CO 81611
Our Order Number: Q385829-4
If you have any inquiries or require further assistance, please contact one of the numbers below:
CITY OF ASPEN
130 SOUTH GALENA STREET
ASPEN, CO 81611
Attn: MICHELLE D. BONFILS, PROD MGR
Phone: 970-920-5582
Fax: 970-544-5378
Copies: l
Entail: michellb@ci.aspen.co.us
Sent Via Courier***
000019
For Title Assistance:
Aspen Title Dept.
Arne Simonsen
533 E HOPKINS #102
ASPEN, CO 81611
Phone: 970-925-1678
Fax: 970-925-6243
EMail: asiniamen@Itgc.com
GOLDEN, MUMBY, SUMMERS, LMNGSTON & KANE, RLLP
P.O. BOX 398
GRAND JUNCTION, CO 81502
Attn: J. RICHARD LIVINGSTON, ESQ
Phone: 970-242-7322'
Fax: 970-242-0698
Copies: 1
EMail: jrlivingston@gmslk.com -
Sent Via EMail
Land Title Guarantee Company
Date: 09-10-2010
Land Title Our Order Number: Q385829-4
GUARANTEE COMPANY
Property Address:
BURLINGAME RANCH ASPEN, CO 81611
Buyer/Burrowers
TBD
Seller/Owner:
CITY OF ASPEN, COLORADO, A COLORADO MUNICIPLE CORPORATION
Need a map or directions for yyour upcoming closing? Check out Land Title's web site at www.itgc.com
for directions to an of our 54 office.locations.
ESTIMATE OF TITLE FEES
TBD Commitment $300.00
Copies - - $175.00
If Land Title Guarai
FO= CONTACT 06/04
000020
ay will be closing this transaction, abgve fees -will be collected at that time.
TOTAL $475.00
THANK YOU FOR YOUR ORDER!
land Title
WARANTEE COMPANY
LAND TITLE GUARANTEE COMPANY
INVOICE NO.
CITY OF ASPEN
Owner: CITY OF ASPEN, COLORADO, A COLORADO MUNICIPLE CORPORATION
Address: BURLINGAME RANCH ASPEN, CO 81611
Invoice Date: September 10, 2010
Order No. Q385829-4
Invoice Charges
TBD Commitment $300.00
Copies $175.00
- Amount Due - $475.00
Due and payable upon receipt.
For Remittance please refer to Invoice No.
Please make checks payable to:
Land Title Guarantee Company
O O O p 1 5975 Greenwood Plaza Blvd. Suite 125
Greenwood Village, CO 80111-4701
Our Order No: Q385829-4
LEGAL DESCRIPTION
BURLINGAME RANCH AFFORDABLE HOUSING SUBDIVISION ACCORDING TO THE PLAT RECORDED
OCTOBER 10, 2005 IN PLAT BOOK 75 AT PAGE 51 UNDER RECEPTION NO. 515999.
COUNTY OF PITKIN, STATE OF COLORADO.
ALSO KNOWN AS:
A PARCEL OF LAND SITUATE IN THE W1/2 OF SECTION 2, TOWNSHIP 10 SOUTH, RANGE 85
WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF PITKIN, STATE OF COLORADO BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT AN ANGLE POINT ON THE EASTERLY BOUNDARY OF LOT 1, BURLINGAME RANCH
SUBDIVISION RECORDED IN PLAT BOOK 50 AT PAGE 89 IN THE RECORDS OF THE PITKIN
COUNTY CLERK AND RECORDER WHENCE THE WEST 1/4 CORNER OF SAID SECTION 2 BEARS N
70 DEGREES 08'54" W A DISTANCE OF 1182.12 FEET; THENCE ALONG THE EASTERLY
BOUNDARY OF SAID LOT 1, BURLINGAME RANCH THE FOLLOWING FOUR (4) COURSES: N 02
DEGREES 53' 38" E A DISTANCE OF 165.48 FEET; THENCE N 00 DEGREES 30' 26" W A
DISTANCE OF 243.17 FEET; THENCE N 18 DEGREES 16'57" W A DISTANCE OF 80.12
FEET; THENCE N 22 DEGREES 43'41" W A DISTANCE OF 28.99 FEET; THENCE DEPARTING
SAID EASTERLY BOUNDARY S 33 DEGREES 44' 31" W A DISTANCE OF 135.08 FEET; THENCE
S 84 DEGREES 27' 15" W A DISTANCE OF 92.93 FEET; THENCE N 22 DEGREES 29'54" W
A DISTANCE OF 298.18 FEET; THENCE N 00 DEGREES 13' 53" E A DISTANCE OF 231.68
FEET; THENCE N 34 DEGREES 25' 37" E A DISTANCE OF 204.32 FEET; THENCE N 04
DEGREES 46'29" E A DISTANCE OF 416.05 FEET; THENCE N 08 DEGREES 51'05" W A
DISTANCE OF 138.50 FEET; THENCE N 18 DEGREES 12'05" W A DISTANCE OF 484.43
FEET; THENCE N 05 DEGREES 07' 19" W A DISTANCE OF 164.96 FEET; THENCE N 26
DEGREES 27' 02" E A DISTANCE OF 124.14 FEET; THENCE N 38 DEGREES 35' 29" E A
DISTANCE OF 111.10 FEET; THENCE S 59 DEGREES 53' 26" E A DISTANCE OF 214.48
FEET; THENCE S 53 DEGREES 48' 24" E A DISTANCE OF 153.22 FEET TO THE
NORTHWESTERLY CORNER OF A PARCEL OF LAND DESCRIBED IN A QUIT CLAIM DEED
RECORDED AS RECEPTION NO. 466499 IN THE RECORDS OF THE PITKIN COUNTY CLERK AND
RECORDER; THENCE ALONG SAID NORTHERLY AND EASTERLY LINE OF SAID QUIT CLAIM DEED
THE FOLLOWING TWELVE (12) COURSES: S 59 DEGREES 34'09" E A DISTANCE OF 69.27
FEET; THENCE 179.45 FEET ALONG THE ARC OF A 1000.00 FOOT NON -TANGENT RADIUS
CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 10 DEGREES 16'54" AND SUBTENDING
A CHORD BEARING S 27 DEGREES 38' 40" E 179.21 FEET: THENCE S 07 DEGREES 11' 09"
E A DISTANCE OF 50.03 FEET; THENCE S 21 DEGREES 18' 17" E A DISTANCE OF 44.53
FEET; THENCE S 05 DEGREES 31' 10" W A DISTANCE OF 32.00 FEET; THENCE S 10
DEGREES 32' 00" E A DISTANCE OF 45.00 FEET; THENCE 76.23 FEET ALONG THE ARC OF
A 40.00 FEET RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 109 DEGREES
11'29" AND SUBTENDING A CHORD BEARING S 65 DEGREES 07'45" E 65.21 FEET;
THENCE S 25 DEGREES 20' 41" E A DISTANCE OF 42.24 FEET; THENCE S 35 DEGREES 09'
29" E A DISTANCE OF 43.07 FEET; THENCE S 20 DEGREES 30' 32" E A DISTANCE OF
50.20 FEET; THENCE S 27 DEGREES 41' 19" E A DISTANCE OF 17.40 FEET; THENCE S 04
DEGREES 08'52" W A DISTANCE OF 135.85 FEET TO A POINT ON THE NORTHERLY LINE OF
GOVERNMENT LOT 7; THENCE ALONG SAID NORTHERLY LINE OF GOVERNMENT LOT 7 S 88
DEGREES 15'48" E A DISTANCE OF 246.37 FEET; THENCE LEAVING SAID NORTHERLY LINE
S 00 DEGREES 10'38" E A DISTANCE OF 286.12 FEET; THENCE S 13 DEGREES 46' 24" E
A DISTANCE OF 245.10 FEET; THENCE 07 DEGREES 15' 46" W A DISTANCE OF 301.55
FEET; THENCE S 41 DEGREES 28' 13 W A DISTANCE OF 219.62 FEET; THENCE N 90
DEGREES 00'00" W A DISTANCE OF 360.65 FEET; THENCE S 12 DEGREES 46' 42" W A
000023
Our Order No: Q385829-4
LEGAL DESCRIPTION
DISTANCE OF 263.94 FEET; THENCE S 12 DEGREES 44'09" W A DISTANCE OF 118.19
FEET; THENCE S 00 DEGREES 11' 54" E A DISTANCE OF 143.37 FEET; THENCE S 02
DEGREES 29'43" W A DISTANCE OF 163.25 FEET; THENCE N 86 DEGREES 29'41" W A
DISTANCE OF 6.05 FEET TO THE POINT OF BEGINNING.
COUNTY OF PITKIN
STATE OF COLORADO
EM
000024
ALTA COMMITMENT
Schedule B-1
(Requirements) Our Order No. Q385829-4
The following are the requirements to be complied with:
Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be
insured.
Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit:
THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED
PURSUANT HERETO.
000025
ALTA COMMITMENT
Schedule B-2
(Exceptions) Our Order No. Q385829-4
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 theretofore 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.
6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office.
7. Any unpaid taxes or assessments against said land.
8. Liens for unpaid water and sewer charges, if any.
9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
HEREBY GRANTED AND/OR RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY
THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENTS
RECORDED OCTOBER 27, 1892, IN BOOK 55 AT PAGE 31, AUGUST 11, 1909 IN BOOK
55 AT PAGES 172 AND 173, MARCH 16, 1923 IN BOOK 55 AT PAGE 570 AND JUNE
16, 1947 IN BOOK 171 AT PAGE 290.
10. RIGHT OF WAY FOR DITCHES OR CANALS. CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 17, 1923,
IN BOOK 55 AT PAGE 571 AND RECORDED JUNE 16, 1947 IN BOOK 171 AT PAGE 290.
11. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AND RESERVATION OF ALL URANIUM, THORIUM OR ANY OTHER WHICH
IS OR MAY BE DETERMINED TO BE PECULIARLY ESSENTIAL TO THE PRODUCTION OF
FISSIONABLE MATERIALS WHICH IS OR MAY DETERMINED TO BE PARTICUILARLY
ESSENTIAL TO THE PRODUCTION OF FISSIONABLE MATERIALS, TOGETHER WITH THE
RIGHT OF WAY AT ANY TIME TO ENTER UPON THE LAND AND PROSPECT FOR, MINE,
AND REMOVE THE SAME AS RESERVED IN UNITED STATES PATENTS RECORDED DECEMBER
10, 1952 IN BOOK. 180 AT PAGE 87 AND SEPTEMBER 19, 1953 IN BOOK 180 AT
PAGE 187.
000026
ALTA COMMITMENT
Schedule B-2
(Exceptions) Our Order No. Q385829-4
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:
12. EASEMENT AND RIGHT OF WAY FOR AN ELECTRIC TRANSMISSION OR DISTRIBUTION
LINE OR SYSTEM, AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC.,
RECORDED JANUARY 11, 1966 IN BOOK 218 AT PAGE 100 AND AUGUST 11, 1969 IN
BOOK 242 AT PAGE 634.
13. EASEMENT AND RIGHT OF WAY AS GRANTED TO THE MOUNTAIN STATES TELEPHONE AND
TELEGRAPH COMPANY RECORDED JUNE 11, 1973 IN BOOK 276 AT PAGE 686.
14. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED SEPTEMBER
28, 1977 IN BOOK 335 AT PAGE 732.
15. EASEMENTS AND RIGHTS OF WAY FOR EXISTING DITCHES AND CANALS.
i. EASEMENTS, AND RIGHTS OF WAY FOR STAGE ROAD AS CONSTRUCTED IN PLACE.
17. TERMS, CONDITIONS AND PROVISIONS OF SECOND AMENDED AND RESTATED AGREEMENT
RECORDED MAY 14, 2004 AT RECEPTION NO. 497592.
18. TERMS, CONDITIONS AND PROVISIONS OF UTILITY EASEMENT GRANTED TO THE CITY OF
ASPEN RECORDED MAY 14, 2004 AT RECEPTION NO. 497599.
19. TERMS, CONDITIONS AND PROVISIONS OF CONSTRUCTION LICENSE AGREEMENT RECORDED
MAY 14, 2004 AT RECEPTION NO. 497600.
20. RIGHTS OF WAY AND EASEMENTS AS GRANTED TO THE COUNTY OF PITKIN RECORDED
JUNE 19, 1930 IN BOOK 157 AT PAGES 308 AND 309 AND INSTRUMENT RECORDED
SEPTEMBER 8, 1938 IN BOOK 157 AT PAGE 535.
21. RIGHT OF WAY FOR THE STAPLETON MAROON DITCH AS RESERVED IN INSTRUMENT
RECORDED APRIL 10, 1931 IN BOOK 158 AT PAGE 471.
22. EASEMENTS AND RIGHTS OF WAY AS GRANTED TO MOUNTAIN STATES TELEPHONE AND
TELEGRAPH COMPANY RECORDED JANUARY 11, 1971 IN BOOK 253 AT PAGE 65.
000027
i
ALTA COMMITMENT
Schedule B-2
(Exceptions) Our Order No. Q385829-4
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:
23. EASEMENTS AND RIGHTS OF WAY FOR AN ELECTRIC TRANSMISSION OR DISTRIBUTION
LINE OR SYSTEM, AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC.
RECORDED MAY 12, 1975 IN BOOK 298 AT PAGE 625 AND RECORDED FEBRUARY 25,
1976 IN BOOK 309 AT PAGE 94.
24. ALL MATTERS ASSET FORTH IN DITCH AGREEMENT RECORDED IN BOOK 730 AT PAGE
868,
25. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED NOVEMBER
15, 1993 IN BOOK 730 AT PAGE 902.
26. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION 98-37 RECORDED NOVEMBER 25,
1998 AT RECEPTION NO. 424878.
27. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION 98-41 APPROVING THE
BURLINGAME SEASONAL HOUSING CONCEPTUAL PLANNED UNIT DEVELOPMENT RECORDED
MARCH 22, 1999 AT RECEPTION NO. 429006.
28. EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS AS SHOWN ON THE BURLINGAME
RANCH ANNEXATION MAP RECORDED JULY 16, 1999 IN PLAT BOOK 50 AT PAGE 48
UNDER RECEPTION N0: 433498 AND THE FINAL PLAT BURLINGAME RANCH SUBDIVISION -
AND BURLINGAME SEASONAL HOUSING SUBDIVISION/PUD RECORDED AUGUST 9, 1999 IN
PLAT BOOK 50 AT PAGE 88 UNDER RECEPTION NO. 434202.
29. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 16 APPROVING THE
ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN TO BE KNOWN AS THE
BURLINGAME RANCH ANNEXATION RECORDED JULY 16,1999 AT RECEPTION NO.
433499.
30. TERMS, CONDITIONS AND PROVISIONS OF BURLINGAME PffD AGREEMENT RECORDED
AUGUST 09, 1999 AT RECEPTION NO. 434203.
31. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF UTILITES EASEMENT
RECORDED AUGUST 09, 1999 AT RECEPTION NO. 434205.
000023
ALTA COMMITMENT
Schedule B-2
(Exceptions) Our Order No. Q385829-4
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:
32. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 25 (SERIES 1999)
ASSIGNING LOT 1 BURLINGAME RANCH SUBDIVISION TO THE CONSERVATION AND RURAL
RESIDEDNTIAL ZONE DISTRICTS RECORDED NOVEMBER 23, 1999 AT RECEPTION NO.
437962.
33. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION 99-14 RECOMMENDING CITY
COUNCIL REZONE BURLINGAME RANCH RECORDED DECEMBER 15, 1999 AT RECEPTION
NO. 438591.
34. TERMS, CONDITIONS AND PROVISIONS OF UNDERGROUND RIGHT OF WAY EASEMENT
GRANTED TO HOLY CROSS ENERGY RECORDED APRIL 12, 2000 AT RECEPTION NO.
442189.
35. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT GRANTED TO HOLY
CROSS ELECTRIC RECORDED JUNE 12, 2000 AT RECEPTION NO. 444101.
36. EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS AS SHOWN ON THE QWEST/CITY
OF ASPENS SUBDIVISION EXEMPTION FOR A LOT LINE ADJUSTMENT PLAT RECORDED
JULY 18, 2002 IN PLAT BOOK 61 AT PAGE 24 UNDER RECEPTION NO. 469875 AND
ANNEXATION MAP RECORDED APRIL 14, 2003 IN PLAT BOOK 65 AT PAGE 11 UNDER
RECEPTION NO. 481305.
37. TERMS, CONDITIONS AND PROVISIONS OF RESTRICTIVE COVENANT FOR A PORTION OF
THE BAR/X RANCH RECORDED APRIL 23, 2002 AT RECEPTION NO. 466500.
38. TERMS, CONDITIONS AND PROVISIONS OF WATER SERVICE AGREEMENT RECORDED APRIL
22, 2003 AT RECEPTION NO. 481709.
39. TERMS, CONDITIONS AND PROVISIONS OF DEED OF CONSERVATION EASEMENT IN GROSS
RECORDED JUNE 30, 2003 AT RECEPTION NO. 484728.
40. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MAY 14, 2004 AT
RECEPTION NO. 497592.
1. TERMS, CONDITIONS AND PROVISIONS OF SETTLEMENT AGREEMENT AND MUTUAL RELEASE
RECORDED JULY 23, 2004 AT RECEPTION NO. 500053.
000029
ALTA COMMITMENT
Schedule B-2
(Exceptions) Our Order No. Q385829-4
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:
42. TERMS, CONDITIONS AND PROVISIONS OF QUITCLAIM DEED RECORDED SEPTEMBER 11,
1969 IN BOOK 243 AT PAGE 217.
43. EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS SHOWN ON THE PLAT RECORDED
JULY 31, 1980 IN PLAT BOOK 10 AT PAGE 5A.
44. OVERLAP AS INDICATED AS SHOWN ON IMRPOVEMENT LOCATION SURVEY BY MARK
BECKLER DATED MAY 19, 2003, AS JOB NO. 23056.
45. TERMS, CONDITIONS AND PROVISIONS OF DETERMINATION 17-2005 RECORDED FEBRUARY
24,2005 AT RECEPTION NO. 507297.
46. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE 8 (SERIES 2005) RECORDED
MARCH 17, 2005 AT RECEPTION NO. 507986.
47. EASEMENTS, RIGHTS OF WAY, AND ALL OTHER MATTERS AS SHOWN ON THE BURLINGAME
RANCH ANNEXATION MAP RECORDED JULY 1, 2005 IN PLAT BOOK 74 AT PAGE34
UNDER RECEPTION NO. 511900.
48. TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT
GRANTED TO HOLY CROSS ENERGY RECORDED JULY 28, 2005 AT RECEPTION NO.
512916.
49. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE 33 (SERIES 2004) APPROVING
THE ANNEXATION RECORDED JULY 01, 2005 AT RECEPTION NO. 511929.
50: TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE 24 (SERIES 2005) APPROVING
FINAL PUD AND CONCEPTUAL PLAN FOR THE BURLINGAME RANCH RECORDED AUGUST 08,
2005 AT RECEPTION NO. 513267 AND AMENDMENT RECORDED AUGUST 12, 2005 UNDER
RECEPTION NO. 513460:
51. TERMS, CONDITIONS AND PROVISIONS OF PRETAPPING AGREEMENT RECORDED AUGUST
11, 2005 AT RECEPTION NO. 513428.
000030
ALTA COMMITMENT
Schedule B-2
(Exceptions) Our Order No. Q385829-4
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:
52. TERMS, CONDITIONS AND PROVISIONS OF FOURTH AMENDED AND RESTATED
PREANNEXATION AGREEMENT BAR/X RANCH RECORDED OCTOBER 07, 2005 AT RECEPTION
NO. 515868.
53. EASEMENTS, RIGHTS OF WAY, AND ALL OTHER MATTERS AS SHOWN ON THE STAGE ROAD
PLANNED UNIT DEVELOPMENT/SUBDIVISION PLAT RECORDED OCTOBER 7, 2005 IN PLAT
BOOK 75 AT PAGE 32 UNDER RECEPTION NO. 515869.
54. TERMS, CONDITIONS AND PROVISIONS OF PUD CONTROL DOCUMENT FOR STAGE ROAD
PUD/SUBDIVISION RECORDED OCTOBER 07, 2005 AT RECEPTION NO. 515890.
55. TERMS, CONDITIONS AND PROVISIONS OF RESTATED AND AMENDED WATER SERVICE
AGREEMENT RECORDED OCTOBER 07, 2005 AT RECEPTION NO. 515891.
RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER
CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON
RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL
STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF
INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE
EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW,
AS CONTAINED IN DEED RECORDED OCTOBER 07, 2005, UNDER RECEPTION NO.
515893.
57. TERMS, CONDITIONS AND PROVISIONS OF ROAD EASEMENT AGREEMENTS RECORDED
OCTOBER 07, 2005 AT RECEPTION NOS. 515894 AND 515913.
58. TERMS, CONDITIONS AND PROVISIONS OF AGRICULTUAL LANDS CONSERVATION EASEMENT
RECORDED OCTOBER 07, 2005 AT RECEPTION NO. 515916.
59. EASEMENTS, RIGHTS OF WAY, AND ALL OTHER MATTERS AS SHOWN IN 3RD AMENDED
PLAT LOT 1, BURLINGAME RANCH RECORDED OCTOBER 10, 2005 IN PLAT BOOK 75 AT
PAGE 43 UNDER RECEPTION NO. 515996 AND FINAL SUBDIVISION PLAT OF LOT lA
BURLINGAME RANCH RECORDED OCTOBER 10, 2005 IN PLAT BOOK 75 AT PAGE 46
UNDER RECEPTION NO. 515997 AND BURLINGAME RANCH AFFORDABLE HOUSING FILING
NO. 1 PLAT RECORDED OCTOBER 10, 2005 IN PLAT BOOK 75 AT PAGE 47 UNDER
RECEPTION NO. 515998 AND BURLINGAME RANCH AFFORDABLE HOUSING PLAT RECORDED
W OCTOBER 10, 205 IN BOOK 75 AT PAGE 51 UNDER RECEPTION NO. 515999 AND ALTA
000031
ALTA COMMITMENT
Schedule B-2
(Exceptions) Our Order No. Q385829-4
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:
LAND SURVEY BURLINGAME RANCH RECORDED DECEMBER 7, 2005 IN PLAT BOOK 76 AT
PAGE 62 UNDER RECEPTION NO. 518175:
60. TERMS, CONDITIONS AND PROVISIONS OF PUD AND SUBDIVISION IMPROVEMENTS
AGREEMENT
RECORDED OCTOBER 10, 2005 AT RECEPTION NO. 516000.
61. TERMS, CONDITIONS AND PROVISIONS OF BURLINGAME .RANCH AFFORDABLE HOUSING
DESIGN GUIDELINES RECORDED OCTOBER 10, 2005 AT RECEPTION NO. 516001.
62. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER
CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON
RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL
STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY OR SOURCE OF
INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE
EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW,
AS CONTAINED IN INSTRUMENT RECORDED OCTOBER 10, 2005, UNDER RECEPTION NO. '
516002.
63. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE 41 (SERIES 2005) TO VACATE A
PORTION OF STAGE ROAD RIGHT OF WAY RECORDED OCTOBER 18, 2005 AT RECEPTION
NO. 516372.
64. TERMS, CONDITIONS AND PROVISIONS OF MOBILITY PLAN RECORDED DECEMBER 14,
2005AT RECEPTION NO. 518445.
65. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE 55 (SERIES 2005) APPROVING
AMENDMENT TO BURLINGAME RANCH PUD RECORDED JANUARY 23, 2006 AT RECEPTION
NO. 520040.
66. TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS ENERGY UNDERGROUND RIGHT OF
WAY EASEMENT RECORDED FEBRUARY 06, 2006 AT RECEPTION NO. 520604.
67. TERMS, CONDITIONS AND PROVISIONS OF MASTER DEED RESTRICTION RECORDED
FEBRUARY 15, 2006 AT RECEPTION NO. 520855 AND RE-RECORDED MARCH 7, 2006
UNDER RECEPTION NO. 521577.
000032
LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
A) The subject real property may be located in a special taxing district.
B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County
Treasurer's authorized agent.
C) The information regarding special districts and the boundaries of such districts may be obtained from
the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor.
Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing
in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom
margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that
does not conform, except that, the requirement for the top margin shall not apply to documents using forms
on which space is provided for recording or filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every
title entity shall be responsible for all matters which appear of record prior to the time of recording
whenever the title entity conducts the closing and is responsible for recording or filing of legal
documents resulting from the transaction which was closed". Provided that Land Title Guarantee
Company conducts the closing of the insured transaction and is responsible for recording the
legal documents from the transaction, exception number 5 will not appear on the Owner's Title
Policy and the Lenders Policy when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion
of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be
issued) upon compliance with the following conditions:
A) The land described in Schedule A of this commitment must be a single family residence which
includes a condominium or townhouse unit.
B) No labor or materials have been furnished by mechanics or material -men for purposes of
construction on the land described in Schedule A of this Commitment within the past 6 months.
C) The Company must receive an appropriate affidavit indemnifying the Company against un -filed
mechanic's and material -men's liens.
D) The Company must receive payment of the appropriate premium.
E) If there has been construction, improvements or major repairs undertaken on the property to be purchased
within six months prior to the Date of the Commitment, the requirements to obtain coverage
for unrecorded liens will include: disclosure of certain construction information; financial information
as to the seller, the builder and or the contractor; payment of the appropriate premium fully
executed Indemnity Agreements satisfactory to the company, and, any additional requirements
as may be necessary after an examination of the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured
has contracted for or agreed to pay.
Note: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments containing a mineral severance instrument
exception, or exceptions, in Schedule B, Section 2.
A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise
conveyed from the surface estate and that there is a substantial likelihood that a third party
holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and
B) That such mineral estate may include the right to enter and use the property without the
surface owner's permission.
Nothing herein contained will be deemed to obligate the company to provide any of the coverages
referred to herein unless the above conditions are fully satisfied.
Fbim DISQASORE 09/01/02
JOINT NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION,
LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE
COMPANY
This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title,
LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal
and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your
trust and confidence is the bedrock of our business. We maintain and regularly review internal and external
safeguards against unauthorized access to non-public personal information ("Personal Information"):
In the course of our business; we may. collect Personal Information about you from:
* applications or other forms we receive from you, including communications sent through TMX, our
web -based transaction management system;
your transactions with, or from the services being performed by, as, our affiliates; or others;
* a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
the public records maintained by governmental entities that we either obtain directly from those entities,
or from our affiliates and non -affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as
follows:
We restrict access to all Personal Information about you to those employees who need to know that
information in order to provide products and services to you.
* We maintain physical, electronic and procedural safeguards that comply with federal standards to
protect your Personal Information from unauthorized access or intrusion.
* Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary
action.
* We regularly access security standards and procedures to protect against unauthorized access to Personal
Information. .
AINr YUKFQ,5E'1'HAl1S NUT PERMITTED BYLAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be
disclosed. We may disclose your Personal Information when you direct or give us permission; when we are
required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or
criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable
privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement,
transaction or relationship with you.
Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our
privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American
Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court
having jurisdiction thereof:
000034
FOM =.POL.ORT
Commitment to Insure
JOL
ALTA Commitinerit - 2006 Rev.
0L0 REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable
y consideration, commits to issue is policy or policies of title insurance, as identified In Schedule A, in favor of the
y * T Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or
T referred to in Schedule A, upon payment of the premiums and charges and compliance with the requirements, all
subject to the provisions of Schedule A and B and to the Conditimis of this Comnitment
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
by the Company. All liability and obligation under this commitment shag cease and terminate six months after the Effective Date a when the policy or policies committed for
shall issue, whichever first Occurs, provided that the failure to issue such policy or policies is not the fault of the Company.
CONDITIONS AND STIPULATIONS
1. The tern "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument
2. If the proposed Insured has a acquires actual knowledge of any defect, lien, encumbrance, adverse claim a 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 Company in writing, the Company shall
be relieved from liability for any loss or damage resulting from am/ act of reliance hereon to the extent the 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 Imowledge of any such detect, lien, encumbrance,
adverse claim or other matter, 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.
3. Liability of the Company, under this Commitment shall be ody 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 by this Commitment. In no event shall such liability
exceed the amount stated in Schedule A for the policy or policies committed fa 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. This commitment is a contract to issue one or mom title insurance policies and is not an abstract of title a a report of the condition of title. Arry action or actions
or rights of action that the proposed Insured may have or may bring against the Comparry arising out of the status of the We to the estate or interest
a the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment
5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of
either the Comparry, or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration mites at www.ahta.org.
STANDARD EXCEPTIONS
In addition to the matters contained in the CoMitiors and Stipulations and Exclusions from Coverage above referred to, this Cmnriitment is also subject to the following:
1. Rights or claims of parties in possession not shown by the Pudic 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 coma survey or inspection of the Land would disclose and which are
not shown by the Public Records.
4. Any Hien, or right to a Hien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records.
5. Defects, bens, encumbrances, adverse claims a 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.
IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate reme and seal to be affixed by is duty authorized officers on the date
shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
400 Second Avenue South
Minneapolis, Minnesota 55401 � '., �,.'',",". "\'ip '�lJ.✓I �_ Irl -Atli
(612) 371-1111 S�9
A EILICAN
m: LAND TITLE
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SILVIR DAVIS PITKiK
DEED OF CONSERVATION EASEMENT IN GROSS
Burlingame Ranch West, Aspen
THIS DEED OF CONSERVATION EASEMENT is granted thiggay of June, 2003, by
the CITY OF ASPEN ("Grantor"), to and for the benefit of ASPEN VALLEY LAND TRUST,
a Colorado nonprofit corporation, 320 Main Street, Suite 204, Carbondale, Colorado 81623, (the
"Trust")(collectively, the "Parties").
RECITALS
WHEREAS, Grantor is the sole owner in fee simple of certain real property in Pitkin
County, State of Colorado, more particularly described, in Exhibit A (the "Property"). The
Property is comprised of approximately 88 acres of land commonly known as Burlingame Ranch
West, and
WHEREAS, the Property possesses natural, scenic, open space, wildlife, and recreational
values (collectively, "Conservation Values") of importance to the Trust, the people of Pitkin
County, and the people of the State of Colorado that are worthy of preservation; and
a� WHEREAS, in particular, the Property is part of a historic ranch with highly visible open
space which serves as a natural habitat for deer, elk, birds and other wildlife, and which serves as
a greenbelt and entrance to the City of Aspen; and
WHEREAS, the specific Conservation Values of the Property are documented in an
inventory of relevant features of the Property, on file at the office of the Trust, (which consists of
reports, maps, photographs, and other documentation that the Parties agree provides, collectively,
an accurate representation of the Property at the time of this grant and which is intended to serve
as an objective information baseline for monitoring compliance with the terms of this grant; and
WHEREAS, Grantor intends that the Conservation Values of the Property be preserved
and maintained by the continuation of land use patterns, including, without limitation, those
relating to open space, wildlife habitat and recreational uses existing at the time of this grant,
which the Trust acknowledges and agrees do not significantly impair or interfere with those
values; and
WHEREAS, Grantor intends, as owner of the Property, to convey to the Trust the right to
preserve and protect the Conservation Values of the Property in perpetuity; and
WHEREAS, the Trust agrees by accepting this grant to honor the intentions of Grantor
stated herein and to preserve and protect in perpetuity the Conservation Values of the Property
for the benefit of this generation and the generations to come; and
00003' RETURN TO:
AUTSIN PEIRCE AND SMITH
533153.1 FRED PEIRCE
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WHEREAS, the Trust is a charitable organization as described in Section 501(c)(3) of the
internal Revenue Code. of 1986, as amended (the "Code") and is a publicly supported
organization as described in Section. 170(b)(1)(A) of the Code whose primary purpose is to
preserve and protect the natural, scenic, agricultural, historical, and open space resources of the
Pitkin County and Roaring Fork Valley area, including the area in which the Property is located,
by assisting landowners .who wish to protect their land in perpetuity, and is a "qualified
organization" to do so within the meaning of Section 170(h)(3) of the Code; and
WIIEREAS, the State of Colorado has recognized the importance of private efforts
toward the preservation of natural systems in the State by the enactment of C.R.S. 38-30.5-101 et
seq.; and
WHEREAS, the Board of Directors of the Trust has duly adopted a resolution approving
the Trust's execution and acceptance of Grantor's gift of this Conservation Easement.
NOW, THEREFORE, in consideration of the above and the mutual covenants, terms,
conditions, and restrictions contained herein, and pursuant to the. laws of the State of Colorado,
and in particular C.R.S. 38-30.5-101 et seq., Grantor hereby voluntarily grants and conveys to
the Trust, its successors and assigns, a Conservation Easement in Gross inperpetuity, consisting
of the ]rights and restrictions enumerated herein, over and across the Property (the "Easement").
1. Purposes. The purposes of this Easement are to assure that the Property will
remain forever predominantly in its open space, natural habitat and recreational condition subject
to the uses of the Property permitted hereunder, and to prevent any use of the Property that will
significantly impair or interfere with the Conservation Values of the Property and; in the event of
their degradation or destruction, to restore such Conservation Values of the Property. Grantor
intends that this Easemerit will confine the use of the Property to such activities, including,
without limitation, those involving recreation, conservation education, and general conservation
purposes, as are consistent with the purposes of this Easement. Pursuant to the terms of C.R.S.
38-30.5-101 et seq., the Property preserved hereby may not be, converted or directed to any uses
other than those provided herein.
2. Baseline Documentation. The Parties acknowledge that Baseline
Documentation of the Property will be prepared by September 1, 2003, by a person familiar with
Conservation Easements and the property familiar with the environs. The Baseline
Documentation has been reviewed and approved by the Trust and the Grantor as an accurate
representation of the biological and physical condition of the Property at, the time of this grant.
Grantor has retained a copy of the Baseline Documentation for its records and a copy of the
Baseline Documentation is on file with the Trust.
3. Rights of Trust. To accomplish the purposes of this Easement, Grantor conveys
the following rights to the Trust:
3.1, The. right to preserve and protect the. Conservation Values of the Property in
perpetuity; and
3.2. The right to enter upon the Property at reasonable times, to inspect the Property
thoroughly, to monitor Grantor's compliance with and otherwise enforce the terms' of 'this
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Easement; provided that such entry shall be upon twenty-four hour prior notice to Grantor, and
except that no such notice shall be required in the event the Trust reasonably believes that
immediate entry upon the Property is essential to prevent or mitigate a violation of this
Easement. The Trust shall not unreasonably interfere with Grantor's use and quiet enjoyment of
the Property; and
3.3. The right to prevent any activity on or use of the Property that is inconsistent with
the purposes of this Easement, or which may have an adverse impact on the Conservation
Values of the Property, and to require the restoration of such areas or features of the Property
that are damaged by any inconsistent activity or use; and
3.4. Any other rights that the Parties may approve consistent with the purposes of this
Easement and the Conservation Values.
4. Prohibited Uses. Any activity on or use of the Property inconsistent with the
purposes of this Easement is prohibited. Without limiting the generality of the foregoing, the
following activities and uses are expressly prohibited:
A. The change, disturbance, alteration, or impairment of the relatively natural
habitat for plants, wildlife, or similar ecosystems within and upon the Property, except as
provided herein.
B. The construction, placement, reconstruction or replacement of any.
buildings, structures, camping accommodations, mobile homes, boat ramps, or billboards, except
as expressly provided herein.
C. The conveyance of easements; rights -of -ways, the paving or grading of
roadways or the construction of any roadways without the consent of the Trust, which consent
shall be in the Trust's sole discretion.
D. The removal, desti action, or cutting of native vegetation;
E. The introduction of non-native plant or animal species;
F. The use of pesticides or fertilizers other than for the control of noxious
weeds and/or pests in a manner consistent with sound environmental conservation practices;
G. The exploration for or extraction of minerals, oil, gas, or other
hydrocarbons, soils, sands, gravel, rock, or other materials on or below the surface of the
Property. Grantor shall not transfer, lease or otherwise separate the soil, sand, gravel, rock, oil,
natural gas, fuel or any other mineral substance from the Property;
H. The division, subdivision, or de facto subdivision of the Property into two
or more parcels of land;
L The use of any motorized vehicles off roadways now existing or new
roadways permitted herein;
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J. The establishment or maintenance of any commercial feed lot, which shall
be defined for purposes of this Conservation Easement as a permanently constricted confined
area or facility within which the land is not grazed or cropped annually, for purposes of engaging
in the business of the reception and extended feeding and finishing of large numbers of livestock
for hire;
K. The accumulation, dumping or other disposal of trash; ashes, garbage, or
other offensive or unsightly refuse on the Property; "
L. The manipulation, diversion, or other alteration of streams that degrades or
destabilizes their natural banks or shorelines;-
M.
horelines;
M. The degradation, pollution, or drainage of any surface or sub -surface
water;
N. Any change in the topography of the Property through the placement
therein of soil, land fill, dredging spoils, or other material, except as incidental and necessary to
the activities permitted herein;
O. , Any commercial or industrial;
P. To transfer, encumber, lease, sell, or otherwise separate the Water Rights
necessary or appropriate for use in present or future ranching, agricultural production, or the
.maintenance of wildlife habitat on the Property; .
Q. The erection, construction, installation, . relocation or use of a
communication facility, a telecommunication facility, a network element or any other
telecommunication facilities, equipment or material that may be used for telecommunications or
to provide such services;
R. Utility lines or substations not necessary and directly related to uses of the
Property permitted by this Easement;
S. Wind -powered electric generators to produce electricity for off-site use;
T. Hunting on the Property is expressly prohibited.
U. External Lighting; to install any lighting which interferes with wildlife's
use of the property or with landowners whose property is within sight of the subject property.
5. Reserved Rights. Grantor reserves to himself and to his personal representatives,
heirs, successors, and assigns, all rights accruing from their ownership of the Property, including
the right to engage in all uses of the Property that are consistent with the purposes of this
Easement. hnr
A, To use or lease the property for agricultural purposes.
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B.
6. Notice of Intention to Undertake Certain Permitted Actions. The purpose of
requiring Grantor to notify the Trust before undertaking certain permitted activities is to afford
the Trust an opportunity to ensure that the activities in question are designed and carried out in a
manner consistent with the purposes of this Easement. Whenever notice is required, Grantor
shall notify the Trust in writing not less than 60 days prior to the date Grantor intends to
undertake the activity in question, unless a different time period for the giving of notice is
provided as to the activity in question. The notice shall describe the nature, scope, design,
location, timetable, and any other material aspect of the proposed activity in sufficient detail to
permit the Trust to make an informed judgment as to its consistency with the purposes of this
Easement and the Conservation Values.
7. The Trust's Approval. Whenever this Easement requires that Grantor obtain the
Trust's approval of any activity on or use of the Property, such approval shall not be
unreasonably withheld or delayed. Where the Trust's approval is required, the Trust shall grant
or withhold its approval in writing within 30 days of receipt of Grantor's written request
therefore. The Trust's approval may be withheld only upon a reasonable determination by the
Trust that the action as proposed would be inconsistent with the Conservation Values or the
purposes or terms of this Easement; the reason(s). for such a determination shall be set forth with
specificity by the Trust in a written notice to Grantor. Where a reasonable modification of the
proposed use or activity by Grantor would render the same consistent with the purposes of this
., Easement and the Conservation Values, the Trust shall specify, in such writtennotice to Grantor,
such required modifications.
8. Trust's Remedies: Enforcement.
8.1. Arbitration. If a dispute arises between the parties concerning the consistency of
any proposed use or activity with the purposes of this Easement, Grantor agrees not to proceed
with the disputed use or activity pending resolution of the dispute. Either party may refer the
dispute to arbitration by request made in writing upon the other. Within thirty (30) days of the
receipt of such a request, the parties shall select a single arbitrator to hear the matter. If the
parties are unable to agree on the selection of a single arbitrator, then each party shall name one
arbitrator and the two arbitrators thus selected shall select a third arbitrator who shall alone
arbitrate the dispute; provided, however, if either party fails to select an arbitrator, or if the two
arbitrators selected by the parties fail to select the third arbitrator then the arbitrator first selected
by a party shall serve as arbitrator. A judgment on the arbitration award may be entered in any
court having jurisdiction thereof. The prevailing party shall be entitled, in addition to such other
relief as may be granted, to a reasonable sum for all its costs and expenses related to such
arbitration, including, without limitation, the fees and expenses of the arbitrator(s) and attorneys'
fees, which shall be determined by the arbitrator(s) and any court of competent jurisdiction that .
may be called upon to enforce or review the award. The arbitrator has the authority to issue an
injunction to prevent the Grantor from undertaking a prohibited action on the property, and to
require specific performance of the Grantor to remedy a prohibited action. If the Grantor is
required by this agreement to.seek approval for a proposed activity, the Grantor shall refrain
from performing the activity for which approval is being sought until the Trust has decided to
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grant approval or until an arbitrator has been selected and has ruled on the proposed activity.
Within 30 days after one party invokes arbitration, each party shall provide the other with a good
faith estimate of the cost of reasonable attorney fees; expenses and costs resulting from the
arbitration.
8.2`. Notice of Violation: Corrective Action. If the Trust determines that a violation
of the terms of this Easement has occurred or is threatened, the Trust shall give written notice to
Grantor of such violation and demand corrective action sufficient to cure the violation and,
where the violation involves injury to the Property resulting from any use or activity inconsistent
with the -purposes of this Easement or the Conservation Values, to restore the portion of the
Property so injured to its prior condition in accordance with a plan approved by The Trust.
Grantor intends that if any prohibited activity is undertaken on the Property, the Trust shall have
the right to cause restoration of that portion of the Property affected by the prohibited activity to
the condition that existed before the prohibited activity commenced. Grantor shall bear the costs
of any such restoration.
8.3.. Injunctive Relief. If Grantor fails to cure the violation within ten (10) days after
receipt of notice of the violation from the Trust, or under circumstances where the violation
cannot reasonably be cured within a ten (10) day period, fails to begin curing such violation
within the ten (10) day period or fails to continue diligently to cure such violation until. finally
cured, the Trust may appoint an arbitrator to enforce the terns of this Easement, utilizing the
procedures set forth in Paragraph 9.1 above, to enjoin the violation, ex parte as necessary, by
temporary or permanent injunction, and to require or cause the restoration of the Property to the
condition that existed prior to any such injury:
8.4. Damages. The Trust shall be entitled to recover damages for violation of.the
terms of this Easement or injury to the Conservation Values, including, without limitation,
damages for the loss of scenic, aesthetic, or environmental values, plus reasonable attorney's
fees, expenses and costs. Without limiting Grantor's liability therefore, the Trust, in its sole
discretion, may apply any damages recovered to the cost of undertaking any corrective action, on
the Property.
8.5., Emergency Enforcement. If the, Trust, reasonably believes an ongoing or
threatened imminent activity violates the Easement, the Trust may, in its sole discretion, take
immediate corrective action, including, without limitation, the control of noxious weeds, as set
forth in this paragraph 9 without prior notice to Grantor and without waiting for the period
provided for cure to expire.
8.6. Costs of Enforcement. All reasonable costs incurred by the Trust in enforcing
the terms of this Easement against Grantor including, without limitation; costs and expenses of
suit and reasonable attorney's fees, and any costs of restoration necessitated by Grantor's
violation of the terms of this Easement shall be borne by Grantor; provided, however, that if
Grantor ultimately prevails in a judicial enforcement action each party shall bear its own costs.
(Note: These costs are not associated with on-going compliance monitoring performed by
Grantee pursuant to paragraph 3; above.)
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8.7. The Trust's Discretion. Enforcement of the terms of.this Easement shall be at the
sole discretion of the Trust, and any forbearance by the Trust to exercise its rights under this
Easement in the event of any breach of any term of this Easement by Grantor shall not be
deemed or construed to be a waiver by the Trust of such term or any subsequent breach of the
same or any other term of this Easement or of any of the Trust's rights under this Easement. No
delay or omission by the Trust in the exercise of any right or remedy upon any breach by Grantor
shall impair such right or remedy or be construed as a waiver.
8.8. Waiver of Certain Defenses. No action shall be commenced or maintained to
enforce the terms of any building restriction described in this Easement, or to compel the
removal of any building or improvement, unless said action is commenced within four (4) years
from the date of the violation for which the action is sought to be brought or maintained. C.R.S.
Section 38-41-119, which provides a one-year statute of limitations, is specifically overridden by
this paragraph. Grantor waives the defenses of laches, estoppel and prescription with regard to
the enforcement of all other terms of this Easement.
8.9. Acts Beyond Grantor's Control. Nothing contained in this Easement shall be
construed to entitle the Trust to bring any action against Grantor for any injury to or change in.
the Property resulting from causes beyond Grantor's control including, without limitation, fire,
flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency
conditions to prevent, abate, or mitigate significant injury to the Property resulting from such
causes.
9. Access. Nothing contained herein shall be construed as affording the public access to
any portion of the Property, although the Gtantor may permit ptiblic access to the Property on
such terms and conditions as it deems appropriate, provided that such access is consistent with
the terms of this Easement.
10. Costs, Liabilities, Taxes and Environmental Compliance.
10.1. Costs Legal Requirements and Liabilities. Grantor retains all responsibilities and
shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and
maintenance of the Property, including the maintenance of adequate liability insurance coverage,
which names the Trust as an additional insured. Grantor remains solely responsible for obtaining
any applicable governmental permits and approvals for any construction or other.activity or use
pennitted by this Easement, and all such construction or other activity or use shall be undertaken
in accordance with all applicable federal, state, and local laws, regulations and requirements.
Grantor shall keep the Property free of any liens arising out of any work performed for, materials
fiunished to, or obligations incurred by Grantor.
10.2. Taxes. Grantor shall pay before delinquency all taxes, assessments, fees, and
charges of whatever description .levied on or assessed against the Property by competent
authority (collectively "Taxes'), including any Taxes imposed upon, or incurred as a result of,
this Easement, and shall furnish the Trust with satisfactory evidence of payment upon request.
The Trust is authorized, but in no event obligated, to make or advance any payment of Taxes,
upon ten (10) days prior written notice to Grantor, in accordance with any bill, statement, or
estimate procured from the appropriate authority, without inquiry into the validity of the Taxes
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or the accuracy of the bill, statement, or estimate, and the obligation created by such payment
( shall bear interest until paid by Grantor to the Trust at the lessor of fifteen percent (15%) per
annum; or the maximum rate allowed by law.
10.3. Representations and Warranties. Grantor represents and warrants that, after
reasonable investigation and to.the best of its knowledge:
A. No substance defined, listed, or otherwise classified pursuant to any federal,
state, or local law,. regulation, or requirement as hazardous, toxic, polluting, or otherwise
contaminatingto the air, water, or soil, or in any way harmful or threatening to human health or
the environment exists or has been released, generated, treated, stored, used, disposed of,
deposited, abandoned; or transported in, on, from, or across the Property, except for fuels,
chemicals and pesticides customarily used or transported in connection with camping, wrangling,
agricultural and construction activities on the Property;
B. There are not now any underground storage tanks located on the Property,
whether presently in service or closed, abandoned, or .decommissioned, and no underground
storage tanks have been removed .from the Property in a manner not in compliance with
applicable federal, state, and local laws, regulations, and requirements;
C. Grantor and the Property are in compliance with all federal, state, and local
laws, regulations, and requirements applicable to the Property and its use;
D. But for potential eminent domain, proceedings for the establishment of a
public roadway across the Property, there is no pending or threatened litigation in any way
affecting, involving, or relating to the Property;
E. No civil or criminal proceedings or investigations have been instigated at any
time or are now pending, and no notices, claims, demands, or orders have been received, arising
out of any violation or alleged violation of, or failure to comply with, any federal, state, or local
law, regulation, or requirement applicable to the Property or its use, nor do there exist any facts
or circumstances that Grantor might reasonably expect to form the basis for any such
proceedings, investigations, notices, claims, demands, or orders;. and
F. Grantor warrants that Grantor has good and sufficient title to the Property, that
Grantors has good right, full power and lawful authority to grant and convey this Easement, that
any mortgages or liens on the Property are and shall remain subordinate to the terms of this
Easement, and Grantor hereby promises to warrant and forever defend the title to the Easement
against all and, every person or persons' lawfully claiming by, through or under Grantor, the
whole or any part thereof, except for rights-of-way, easements, restrictions, covenants • and
mineral reservations of record, which are acceptable to the Trust at the time of execution of the
Easement.
10.4. Remediation. If, at any time, there occurs, or has occurred, a release in, on, or
about the, Property of any substance now or hereafter defined, listed, or otherwise classified
pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic,
polluting, or otherwise contaminating, to the air, water, or soil, or in any way harmful or
threatening to human health or the environment, Grantor agrees to take all steps necessary to,
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SILVassure its containment and remediation, including any cleanup that may be required, unless the
•> release was caused by the Trust, in which case the Trust shall be responsible therefor.
10.5. Control. Nothing in this Grant shall be construed as giving rise, in the absence of
a judicial decree, to any right or ability in The Trust to exercise physical or managerial control
over the day-to-day operations of the Property, or any of Grantor's activities on the Property, or
otherwise to become an operator with respect to the Property within the meaning of The
Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended
(ACERCLA@), and any Colorado state law counterpart.
11. Hold Harmless. Grantor shall hold harmless, indemnify, and defend the Trust and
its members, directors, officers, employees, agents, and contractors and the heirs, personal
representatives, successors, and assigns of each of them (collectively "Indemnified Parties@)
from and against all liabilities, penalties, costs, losses, damages, expenses, cause of action,
claims, demands, or judgments, including, without limitation, reasonable attorneys' fees, arising
from or in any way connected with: (1) injury to or the death of any person, or physical damage
to any property, resulting from any act, omission, condition, or other matter related to or
occurring on or about the Property, regardless of cause, unless due solely to the negligence of
any of the Indemnified Parties; (2) the violation or alleged violation of, or other failure to comply
with, any state, federal, or local law, regulation, or requirement, including, without limitation,
CERCLA, by any person other than any of the Indemnified Parties, in any way affecting,
involving, or relating to the Property; (3) the.presence or release of hazardous or toxic substances
in, on, from, under or about the Property at any time, of any substance now or hereafter defined,
listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or
requirement as hazardous, toxic, polluting, or otherwise, contaminating to the air, water, or soil,
or in any way harmful or threatening to human health or the environment, unless caused solely
by any of the Indemnified Parties; and (4) the obligations, covenants, representations, and
warranties of paragraphs 11.1 through 11.5..
12. Extinguishment and Condemnation.
12.1. Extinguishment. In granting this Easement, Grantor has considered the possibility
that uses prohibited by the terms of this Easement may become more economically valuable than
permitted uses and that neighboring properties may be used entirely for such prohibited uses in
the future. It is the intent of the Grantor and the Trust that any such changes shall not be deemed
circumstances justifying the termination or extinguishment of this Easement. In addition, the
inability of Grantor, or the Grantor's heirs, successors or assigns, to conduct or implement any or
all of the uses permitted under this Easement, or the unprofitability of doing so, shall not impair
the validity of this Easement or be considered grounds for its termination or extinguishment.
If circumstances arise in the future that render the purposes of this Easement impossible
to accomplish, this Easement can only be terminated or extinguished, whether in whole or in
part, by judicial proceedings in a court of competent jurisdiction. Each party shall promptly
notify the other when it fust learns of such circumstances. The amount of the proceeds to which
the Trust shall be entitled, after the satisfaction of prior claims, from any sale, exchange, or
involuntary conversion of all or any portion of the Property subsequent to such termination or
extinguishment, shall be determined, unless otherwise provided by Colorado law at the time, in
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accordance with the .Proceeds paragraph, below. The Trust shall use all such proceeds in a
manner consistent with the conservation purposes of this Easement.
12.2. Proceeds. This Easement constitutes areal property interest immediately vested in
the Trust, which the parties stipulate to have a fair market value determined by multiplying the
fair market value of the Property unencumbered by this Easement (minus any increase in value
after the date of this grant attributable solely to improvements which are allowed by this
Easement) by the ratio of the value of ibis Easement at the time of this grant to the value of the
Property, without deduction for the value of this Easement, at the time of this grant. The values
at the time of this grant shall be those values used to calculate the deduction for federal income
tax purposes, allowable by reason of this grant, pursuant to Section 170(h) of the Internal
Revenue Code of 1986, as amended. For the purposes of this paragraph, the ratio of the value of
this Easement to the value of the Property unencumbered by this Easement shall remain constant.
12.3. Condemnation. If all or any part of the Property is taken by exercise of the power
of eminent domain or acquired by purchase iii lieu of condemnation, whether by public;
corporate, or other authority, so as to terminate this Easement, in whole or in part, Grantor and
the Trust shall act jointly to recover the full value.of the interests it! the Property subject to the
taking or in lieu purchase and all direct or incidental damages resulting therefrom. All expenses
reasonably incurred by Grantor and the Trust in connection with the taking or in lieu purchase
shall be paid out of the amount recovered. The Trust's share of the balance of the amount
recovered shall be determined by multiplying that balance by the ratio set forth in section 12.2.
12.4. Application of Proceeds. The Trust shall use any proceeds received under the
circumstances described in this section 12 in a manner consistent with its,'conservation purposes,
which are exemplified by this grant.
13. Assignment. This Easement is transferable, but the Trust may assign its rights
and obligations under this Easement only to an organization that is (a) a qualified organization at
the time of transfer under Section 170(h) of the Internal Revenue Code of 1986, as amended (or
any successor provision then applicable), and the applicable regulations promulgated,
thereunder;(b) authorized to acquire and hold conservation easements under Colorado law As a
condition of such transfer, the Trust shall require the transferee to expressly agree, in writing, to
carry out and uphold the purposes of this Easement and the Conservation Values and otherwise
assume all of the obligations and liabilities of the Trust set forth herein or created hereby. After
such transfer, the Trust shall have no further obligation or liability under this Easement. The
Trust agrees to give written notice to Grantor of an assignment at Ieast 60 days prior to the date
of such assignment. The failure of the Trust to give such notice shall not affect the validity of
such assignment nor shall it impair the validity of this Easement or limit its enforceability in any
way.
14. Subsequent Transfers. Grantor agrees to incorporate She terms of this Easement
in any deed or, other legal instrument by which it divests itself of any interest in the Property,
including, without limitation, a Ieasehold interest. Grantor further agrees to give written notice
to the Trust of the transfer of any such interest at least 30 days prior to the date of such transfer.
The failure of Grantor to perform any act required by this paragraph shall not impair the validity
of this Easement or limit its enforceability in any way.
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447278 11 03 f 12353P
SILVIR DAVIS PITKIN COUNTY CO R 116.00 D 0.00
15. Estoppel Certificates. Upon request by Grantor, The Trust shall within 30 clays
execute and deliver to Grantor, or to any party designated by Grantor, any document, including
an estoppel certificate, which certifies, to the best of the Trust's knowledge, Grantor's
compliance with any obligation of Grantor contained in this Easement or otherwise evidences the
status of this Easement. Such certification shall be limited to the condition of the Property as of
the Trust's most recent inspection. If Grantor requests more current documentation, the Trust
shall conduct an inspection, at Grantor's expense, within 60 days of receipt of Grantor's written
request therefor. However, in the event that weather, or other circumstances outside of the
Trust's control, prevent the Trust from conducting an inspection within 60 days of receipt of
Grantor's written request, the Trust shall conduct such inspection within a timely manner once
such weather or circumstances which prevent the inspection no longer exist.
16. Notices. Any notice, demand, request, consent, approval, or communication that
either party desires or is required to give to the other shall be in writing and either served
personally or sent by first class mail, postage prepaid, addressed as follows or to such other
address as either party from time to time shall designate by written notice to the other:
To Grantor: The City of Aspen
130 South Galena
Aspen, CO 81610
To the Trust: Aspen Valley Land Trust
320 Main Street, Suite 204
Carbondale, CO 81623
17. Recordation. The Trust shall record this instrument in timely fashion in the
official records of Pitkin County, Colorado, and may re-record it at any time as may be required
to preserve its rights in this Easement.
18. Amendment. . If circumstances arise under which an amendment to or
modification of this Easement would be appropriate to promote the purposes of this Easement
and the protection of the Conservation Values of the Property, Grantor and the Trust may jointly
amend this Easement (in accordance with the Policies of the Trust.) However, the Trust is under
no obligation to amend this Easement, and may decline to amend this Easement in its sole and
exclusive judgment. No amendment shall be allowed that will affect the qualifications of this
Easement under any applicable law. Any amendment must be consistent with the purposes of
this Easement and the Conservation Values and may not affect the Easement's perpetual
duration. Any amendment must be in writing, signed by both parties, and recorded in the records
of the Clerk and Recorder of Pitkin County, Colorado.
19. Subordination. At the time of conveyance of this Easement, the Property. is
subject to a deed of trust, the holder of which has agreed to subordinate its rights in the Property
to the extent necessary to permit the Trust to enforce the purposes of this Easement in perpetuity
and to prevent any modification or extinguishment of this Easement by the exercise of any rights
of the deed of trust holder.
000046
533153.1 11
Ii�IIIIIIIIIII�IIIIIIILIIIII�Illl�liil111IIII�IIIIIIII 06/30/2003f
� 2 03f1223
:$3P
20. General Provisions. SILVIA DAVIS PITKIN COUNTY CC R 1.16.00 0 0.00
20.1. The following Exhibits are attached to and incorporated by reference into this
conservation easement deed, Exhibit A: Baseline Documentation,., Exhibit B: a document
attesting that the legal description of the property will be defined and recorded within thirty (30)
days of the ftual approval of the Burlingame Housing Project by the City of Aspen.
20.2. Definitions. The terms "Grantor and the "Trust", wherever used heroin, and any
pronouns used in place of those terms, shall be deemed to include, respectively, Grantor and its
heirs, personal representatives, executors, administrators, successors and assigns, and the Trust,
its successors and assigns.
203. Controlling Law. The interpretation and performance of this Easement shall be
governed by the laws of the State of Colorado.
20.4. Liberal Construction. Any general rule of construction to the contrary,
notwithstanding, this Easement shall be liberally construed in favor of the grant to effect the
purposes of this Easement and the policy and purpose of C.R.S. 38-30.5-101.et seq. If any
provision in this instrument is found to be ambiguous, an interpretation consistent with the
purposes of this Easement that would render the provision valid shall be favored over any
interpretation that would render it invalid. The common law riles of disfavoring restrictions on
the use of real property and construing restrictions in favor of the free and unrestricted use of real
property shall not apply to interpretations of this Easement or to disputes between the Parties
concennng the meaning of particular provisions of this Easement.
20.5, Severability. If any provision of this Easement, or the application thereof to any
person or circumstance, is found to be invalid, the remainder of the provisions of this Easement,
or the application of such provision to persons or circumstanms other than those as to which it is
found to be invalid, as the case may be, shall be deemed severable and remain in full force and
effect.
20.6. Entire Agreement. This instrument sets forth the entire agreement between the
Parties with respect to this Easement and supersedes all prior discussions, negotiations,
understandings, or agreements relating to this Easement, all of which are merged herein.
20.7 No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of
Grantor's title'in arryrespect,
20.8. Joint Obligation. The obligations imposed by this Easement upon Grantor shall be
joint and several (in the event that there is more than one Grantor).
20.9. Successors. The covenants, terms, conditions, and restrictions of this Easement
shall be binding upon, and inure to the benefit of, the Parties hereto and their respective personal
representatives, heirs, successors, and assigns and shall continue as a servitude running in
perpetuity with the Property.
000041
533153.1 12
R
11111 IN 1111111 illi 111111 IIII 11111111111 06/30/2003 12353P
SILVIR DAVIS PITKIN COUNTY CO R 116.00 D 0.00
20.10. Termination of Rights and Obligations. A party's rights and obligations under this
Easement terminate upon transfer of the party's interest in this Easement or the Property, except
that liability for acts or omissions occurring prior to transfer shall survive transfer.
20.11. motions. The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no effect upon
construction or interpretation.
20.12. Counterparts. The Parties may execute this instrument in two or more
counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be
deemed an original instrument as against any party who has signed it. In the event of any
disparity between the counterparts produced, the recorded counterpart shall be controlling.
IN WITNESS WHEREOF, Grantor and the Trust haveexecuted this Deed of
Conservation Easement as of the date first written above.
CITY OF ASPEN
STATE OF(
as.
COUNTY OFr )
The foregoing instrument
200 by.
"ve- of L
WITNESS my hand and official seal.
[SEAL] A
CL
before me thisG & day of
� e"161 8 as
as Grantor.
Notary Public U
My commissiontepson I NotaN Public
\IP4=9
My Gon hisSion Expires 112212005
Aspen, E. ,Hopkins
000048
pspenCO 8161t
533153.1 13
■
IIIIIIIIIIIIIIIIIIIIIIIIIII fllj I 484727
SILVIA DAVIS PITKIN COUNTPage: 14 of 23
Y 00 06/30/2003 12:53p
- R 115,00 0 0,00
ACCEPTED:
TRUST
ASPEN VALLEY LAND .TRUST;
a Colorado nonprofit corporation,
By:C%L1ryLJ
Martha Cochran
Its: Executive Director
STATE OF l e>''r6civ)
} ss.
COUNTY OF_ r
The fore oing instrument was acknowledged before the �
his ��'day of
t,kv L 200 by Icn P Z a Or4:)v rx V\ as Executive
Director of ASPS Nn, LAND TRUST, a Colorado nonprofit corporation.
WITNESS -h tid at* off
[SEAL]
m:
o : sc5ti
000049
Notary Public tJ '
My commission expires:
Brandi L. Jepson 1 NctarY Public
my Commission Expires 112212005
o3.aoo 601 F. Hopkins
Aspen, CO 81611
533153.1 14
484727
06/30/2003Page: 15 of 23
IIIIII DAVIS IIID IIIIII IIIIII III) COUNTY
�IIII II III I� I IIIB 0 12:53P
EXHIBIT A
LEGAL DESCRIPTION OF BURLINGAME RANCH WEST
That portion of Lot 1 of the Burlingame Ranch Subdivision and Burlingame Seasonal Housing
Subdivision/P.U.D. — Subdivision Plat of Lot 1 *and Lot 2 as recorded at Book 50, Page 89, of the
Pitkin County Clerk and Recorder's Office located West of State Highway 82, situated in El/2 of
Section 3, T10S, R85W of the 6`h P.M., Pitkin County, Colorado.
EXCEPTING THEREFROM:
That property described in attachment 1 appended hereto.
ALSO EXCEPTING THEREFROM:
That Property described in attachment 2 appended hereto.
ALSO EXCEPTING THEREFROM:
That Property described in attachment 3 appended hereto.
000050
533153.1
1F
n : Z. LUVi :L) IUI °1IKIN OOUII'TY ,ADMIN
RuglneerslSurveyors
Boulder.
Colorado Springs,
Greeley
4340 Pearl East Circle
Sufte 114
Boulder. Colorado 30301=2475
30; 442 4338
303 442 4373 Fax
Drexel Darrell g
N0, 2319 P. 2
VIII II I IIIIII II III II I �I III II II III II III 472 7
OB/30/2003
� 0/ 03 £ 1 23
2:53P
SILVIA DAVIS PITKIN COUNTY CO R 116.00 0 0.0
March 23, 2000
A Legal Description of the City of Aspen
Burlingame Land within the Airport Runway
Protection hone located in Lot 1 of Burlingame
Ranch Subdivision and Burlingame Seasonal Housing
Subdivision/P.TJ.D. Pitkin County, Colorado for
Curtis & Associates.
PARCEL A
A tract of land located in Lot 1 of Burlingame Ranch Subdivision
and Burlingame Seasonal Housing Subdivision/P.U.D. according to
the recorded plat thereof situated in E1/2 of Section 3, 2'10.9,
R85W of the 6th P.M., Pitkin County, Colorado described as
follows:
Colnmencing at the Northeast Corner of said Section 3 from whidh
the 131/4 Corner of said Section 3 bears S03054'0VW and the N1/4
corner of said 'Section 3 bears N89059'45,,T4, thence S32956'0911W,
301.TT9,61 feet to a Northeasterly Corner of said Lot 1 and the TRTj"E
POI�C P' HEGT".NNIIVG:
The following courses and distances are along the Northeasterly
line of said Lot 1;
Thence S75°33'00"E, 78.92 feet,
Thence S67655'00"E, 44.38 feet
Thence S54°19'00"E, 675.92 feet to the Southwesterly Right -of -Way
line of Colorado State Highway Number 82 as described in Quit
Claim Deed recorded in Book 157 at page 535 of the records of
Pitkin. County Colorado,
Thence leaving said Northeasterly line of said Lot 1
Southeasterly 314.25 feet along the Westerly Right -of -Way line of
said Colorado State Highway Number 82 and along the arc of a
M ft1.]Il ng -- S665 -5,E - 5193f,.SPH
000051
HK IL. L90 :L3rlw N;K1N COUNTY AILN!N NO. 2319 N• 3
484727
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIII IIIIIIIPage: 17 of 23
06/30/2003 12:53P
CO R 116.00 D 0
SILVIRDAVIS
Legal Description (continued) March 23, 2000 Page 2
curve concave to the Northeast, said arc having a radius of
2352.00 feet, a central angle of 7039'19" and being subtended by
a chord that bears S15026'19"E, 314.01 feet;
Thence S69036'12"W, 699.27 feet;
Thence N11°51157"W, 947.45 feet to a Northwesterly.line of said
Lot 1;
Thence N63"32'00"E, 111.81 feet along said Northwesterly line of
said lot 1 to said Northeasterly line of Lot 1 and the TR P0-T-H—T
Qr BEGI ING;
Excepting .therefrom the following described tract of land.,
pr&g1xNTNG at a point on the Northerly line of a parcel of
land described in deed recorded November 9, 1979, in Book
379, Page 107, from which the Northeast corner of said
Section 3 bears N12°43'37"E, 3,761.52 feet;
Thence N31°24'37"W, 141.21 feet;
Thence N19005'06"W, 576.02 feet;
Thence N04042'42"E, 129.06 feet to the Centerline of
existing Owl Creek Road;
Thence along said Centerline of existing Owl Creek Road,
553028'3111E, 86.17 feet to a point on the Westerly Right-of-
way line of Colorado State Highway 82, Project No; AWP 2012-
B November 1937;
Thence along said Westerly Right-of-way line and along the
arc of a curve to the left, nontangent to the previous
course with a radius of 2,342.00 feet, a central angle of
19027137", and arc length of 795.45 feet and a (chord which
bears S19`59'58"E, 791.64 feet) to the Northerly line of
said parcel described in deed recorded in. Book 379, Page
107;
Thence along said Northerly line, N88°54'35"W, 88.68 feet to
the POINT OS BEGINNING_
`-`'- (S. Pulling - 5665-5E - 5193L.SP)
000052
MAR, )2, 2„p; 1,24�FM rT
ITKIN COUNTY ADiV1N N0. 2314
Legal Description (continued) March 23, 2000 Page 3
Bearings are based on the North line of the Northeast Quarter of
Section 3, Township 10 South, Range 85 West, of the Sixth
Principal Meridian as bearing S89°12125"E.
Area = 10.40 acres more or less
Legal Description Prepared By.:
Scott P. Pulling, PLS 27936
Drexel Barrell & Company
4840 Pearl East Circle, Suite. 114
Boulder, Colorado 80301-2475
(303) 442-4338
�IIIIIIIIIIIIIIIIIIIIII IIIIIIIII IIIIIII484727
3
0�0 OO1253P
IIIIIII DAVISSILVIR 0IIIIITKIN COUNTY CO R 116.
000053 (S. Pulling - 5665-5E - 5193L.SP)
.v
000054
5
June 11, 2014
Mike Kraemer
Pitkin County Community Developtrient
130 S. Galena St.
Aspen; CO 81611
RE: Cozy Point Ranch
THE CITY of ASPEN
()FFICE of THE CRY Am NEY
Deaf Mr; Kraemer,
I am an attorney licensed to practice law in the State of Colorado and presently serve as
the City Attorney for the City of Aspen. In this capacity 1 have examined the ownership of
property over which is planned a trail that will parallel Owl Creek Road, I can hereby confirm
that the City of Aspen is the owner of property that is known as Lot 1C of the 31d Amended Plat,
Lot 1., Burlingame Subdivision. The property is not encumbered in any manner affecting the use
of the property for the construction and maintenance of the proposed trail.
As the owner of this property, the City of Aspen authorizes Matt Kuhn and other
representatives of the City of Aspen Parks Department to represent the City regarding the
application' submitted to the Pitkin County Planning and Zoning Commission for the installation
of the trail on this property. The City of Aspen will be represented throughout this process by
these individuals,
If you need anything farther, please advise.
Thank you.
Sincerely,
m
City Attorney
I
000055 190 SOUTH GALENA STREET • ASPEN, COLOR.ADD 81611-1975 PHo\E 970.920.5055 • FAx 970.920;5119
PAntN on RnjelN Pope
I-
000050
STREET ADDRESS & PARCEL DISCRIPTION
OWL CREEK CONNECTOR
TO
SKY MOUNTAIN TRAIL
PITKIN COUNTY LAND USE CODE
PITKIN COUNTY LAND USE APPLICATION MANUAL
This trail location does not have an address however it is located along Owl Creek Road starting
just past Buttermilk and crossing Owl Creek Road near the Airport Operations Center.
I l P a g e
000057
om9
X
•
0000!
i
--- 3rd Amended Plat q�`
Lot 1, Burlingame Ranch
Pitkin County, Colorado
Showing a Lot Line Adjustment between the City of Aspen and Sotdner and
�,... ... I formalizing the Descriptions of Lots lA, 1B and 1C
Q-
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SwrtMy So-Im, ren of is 2 &afbgwro Olmab w in Pon Boat W a Page 69; fhwae a!wp sod
Souk" &wnann tore Oro ftOo", .101toot (18) tam210.79 feat oMeq & are a e nae-lan,enl emae to I.
a0• f n9 0 .-om'v of oLotw Ma. n wnt' a"ne, o' 2726'56' oat yybbna✓g . MaN Mann, cf nt52H0'WV a
data. of 2!1&76 root Meca N6SIJ'57Y a a"taaa of A .22 Imt' Mme. 21.24 fee: man, Me ort a o aaa M
Ma 'Vht baMnR . tvolar a "W 100. a amara aye of MJJ55' one 4wafto, P chortl beaff a N45"2659Y
a Neioma a 20.80 feet toms N2 10'1 IV a /isfonae of !807 foot, Mex. M4'M'37Y a W tone Of P79J Mt,
thence MW2511MY a abeme a 24642 Met IBonw N2 MWT 0 dame of 9220 fwL' fbaxa N5J24T6T o
aNfaMe of Wn tot: Meow N 217 a abtaaw a I".M het: Mme 54856'067 o a§faro,= of 15243 IW;
,arae SU' WT a Saaace a 44.04 feat Mance 5 J7'MT a theal. a 948..6 bet; How i!5'11'26T o
6s(onca a 121' .re N: Mann 52194175w a wwree, of W4 r t Marc. 564"42'39£ a dMfaaaa of 46.80 fW:
Merz. 526'18741" o aMsma. a 699 Mer• Hems 254W Met a ' mo am a . non-tm9ant cane M Me a,".
h.4, a mblue a1 480.00 fiat, a .nay onye a A71912J' rod slpfemtlrg a clow.• btaaa, a'S472044T o ahov.
of ur.w reµ Mama SSS45V.'Y . czfama a 21.n fast H a p.oW oar, Me N I'Lo* Dmtnae7 was a e.p
Wvm Orwk CAA: 6cenc4 ab,' "aa M wn 4mek I.FN &lwedo, ibM I. /o9a.pi9 Mblaan (13) coaeTz: SSt'SJ'OiT
h!.r:z ! 37.rZ foal 5ixI&WT a 100 caao of n.l' Ire! I.rce 57. !T*56T o bananas of E; 28 IoeC Maaaa
$/.n52'J2T a Eelare. of 20.137 feet: Mance 574.55'412 a attaxa of N57 bac :fiance 5692310T a daloma of
39.52 hat tfa - 556"2212T a aslama of 131.07 fart, Moxa S4742'a9T a 6staace of 9127 fart; Mina
419)8)7£ o alshra. a 26.19 Mt Mena. SB6iJ'457 o aeMxe of 67.69 feet; Mo. SB700'15T . aMbrco at
!12.W &m, ora". SEB 5"'T . a;abnva .( 105.66 MC Haac. W72tWT a a;aarca a 81.12 Noe Doom
.WS'34"142 a 6 Mao a 4676 fW to a pant aha. Mw Soahl4Ny Ramawy rno of a pO1ea of hand desw2.ea 9e
ReC40bn Na. 497591' PoMao a" toad Soaany B okay Wi NBI'1416Y a Marone d 29232 foot to o point
Won, Me Sad,.. !!pard.! Dow oI o Porc.l a tmM ✓tomMnI a .R ,Pinta Na 497594; Mm. akn,, sato Bto dory
t ha fmloa9 axe (2) casts.: Pl4)'14'JJY a aiTta!za of 5275 IxG Ioen. N!ATot;52T It d%fa I a !01.07 loot
to a paint oMeN M. -0 Lflrny "xMvry fox a 0 P if o1 pod ameat a MceyOorr .W. 49ngT. fh.T. atom, sap
BewHary 9. M. feModrq vow (*) cwrs.r N40100'4J7 o alNonc. a 4I.W N ' In.nnt W6"19wr a Itkonw of
17.17 tea, Manor NIS54'4OT a aslmae a 4 .W ha ro a pant os. fee 9aaf " m.airy 6. a e Poma of
Mrd dcr e.d at RemaNm m. 497593: Mance NJ494'WT a Metonce at 4. IJ feet H a pain, an tla Wea,)-
Sm-doy one of a Pawt d Iwd bs.'f/bef al Receptkn IM. 497596: Memce aeon., mp ooh lest Banao, 4. Me
btbwm, lap (2) amsaaa N.H'04'4TE o moan. a Item toµ' Mnnoot N28Y13501 0 dbMwe of .W -TM feet to d
anus} Story W Waaloy Qoeadory i.ro a 5,/X Ranh pro,* w recarc4a;n "eek Jel d Pa,e 144; L . nun,
mp 01,." Paw tine Ma 3Mwng sy (8) a.. NR' M22Y . dAbwe or ".SS fa.e NWTO'591W o 6abne
.f W. 12 ha: Mex" N2Z4337'W o WSMnv a 384.52 !wt Marco MWJ4'IIZ a 40o.e a S7.W Met Mance
h 02'3 T a Tefanae of 0034 fool; M.ce NIZ39:31 F a S.hnw ne !21'.89 Ica to . pont ¢tong OM SoaMsY,
Ommobty wee of Aspen va'4y Lar: Ttuat on, .mesad . "oak M at Pogo 54t Mme oar, mid So M an. lha
IalaxM, ho (2) epees NWJ. )5Y a &Falaxe al Do' foal; IAwMce 41737 a aav0<ce a M. foal M Me
La
of 0"km ...id Puri cm.a- 77.35 oars mon m ass
3rd Amended Plat, bot 1
Burlingame Ranch Subdivision
Lal -w
2e9/ g a .peal aton9 fMa factory mo day lira a e Poce1 0/ Aa -d aaav d a RoapMnn Ma 47110& whexe
Me Nath y Una d aaJ 3aoebr J 6.NI6'19'14Y a dNe a anc191319 feat 'rN W 6ear*W nemg n%ahYe W
0 bwwq of A 1'191 whs.m Me W 014 .mar W Me Mathw"f <a. w a Sema, 2 W.n.h65 to &,&.. Rage
M Wnt a1 Om &A P.M.; Iheea. "n, s:H E.~y bamday Matt Ma famwkq as m (!i awnes 514.19'24"E a
Wlawv at 2;2,M ooae thwca S1Ot0'JST a a;Mo.e a 15445 No, then. 50297''3 E a o;atamo at J Z93 het
thea" A 32'"'1 a esM1<a of 247.' Mt Haw sle"*45T a aMatoae a J24.W bat Manes 534-4627£ e
ddlartae of 120.14 tW: Mme 322011101 a Wane a 461M toot In z MAN as IM N*,OAwr bander rne a a
i.rta• nt toad aaac,aed to mak 2$4 0, Pogo 4$; Howe too, sed haN aaumbrr Nm sBY08'37£ a "am.
a &:691 e.I ro a Maack an M. Malar,, mun[Mr teas at a P of a dna dac,f6aa of Mn o, kn Ne. 471109: M»c.
awy spa' Mae.,, 9earwW` Mo H 9 e fatknn row eT: e3) caanWI-18'sl'W a distance of 141.81 Iw:: than
Nt5'S9'2<W a Mose a 576.0 het t/w a N04W,26T a rBSMrc. a 9867 teat. Marc. NSl JI'J>Y a ahMc.
of M2.93.faN; ftama, W70777Y a ainlorc..1 4416 tap; !hares N7445'J7Y o dxbm a 7a92 Mf: Caen
S6119'23Y a oonan. a 21224 mins N01'59'12Y 0 aew<e a N .W feet Ion. NJSOO'O&T o domoma of
MM feel; tfroxe NJI'JB'2JY a aftfam. at 23230 look Mmao N43•r6'J7Y a Putance a 237.M kat Moxa
IMPSJJYW a aMfaxe a 2160 Ha to Ih. pant a ho ams p, � Po,ce1 matt/. 21 IJ um. mare ar nsx
Lp! IL
S•gi•hM, a a Pia daq Mr M+M kao.ary ,ne of cad Sea1Mn J. Min. Ure North At Cana at mid Schen J
seats 5 12'SJT o aatmaa of 311.91 leaf. mLA off bearfiW being loWim to a havntp of NO4YI'l9T beMae. Ah.
W 1/4 comor amt M. Nommeal comer Of Scb'an 2 latrine{. 10 Sooty Hage M Waal of Na W P.M.; Monaa e'w,
sap Nath boaa.ry Cne x 12'SJY a a'Mence o! 6!9.08 teat, thea. 506'22477 a dose.. of 1491.17 feet Ihaxe
am Bary A'n. of Porch of oW
toad omboa Bonk Z24 a Page 469; thersa Y
don9 .pa M
M.A.* wmry
faM46e9 Inure (J) <oomas: 589'51'391 . Maters. a Mk M Mat Mems W72t'19T . ®atom. a 2147 hot
Bunce 580'W'irr n a;.fo -a of 2099 1.11 h a polot an H. Meta,,, LoonM tMo or o Po2N aamDM in
M.paon m. 471tr femmeo abs, sea WCMry beeper/ Ace has WowGg v (6) :'woes; AQ WZFY a o'aanca
at W..M het MMae MID, 7'02V a 6atona. a ML71 toot arms. h01'12'N'W o 1%tmw a IJi.46 Jeal: OMs.
M0rN'56V a ailmae of 49173 Mo Manor MW.WI9Y a autarce a %I.W leµ meas M9'15.41Y d as tar ma
o IW..4" ITet Mena Wr4Y52'W a 6'aanw d W.." hal; Marco Nlr"'a V o awanr of 125.21 hµ' O o,
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707 17th Street, Suite 2300
Carters -Burgess Denver, Colorado 80202.3404
Phone: 303.820.5240
Fax: 303.820.2402
www.c-b.com
'1056.100.1,1000
`May 8, 2003
PROPERTY DESCRIPTION
PARCELN-113
A parcel of land lying in the Southeast Quarter of Section 3, Township 10 South, Range 85 West
of the 6'h Principal Meridian, being more particularly described as follows:
COMMENCING at the East Quarter comer of Said Section 3, (a 3 ''/4" brass cap stamped "US
Cadastral Survey-BLM 1954")
WHENCE the Center Quarter Corner of said Section 3 (a 2 %a" aluminum cap stamped "D -B.&
CO — PLS 27936") bears S89a55'55"W a distance of 2551.79 feet, and,
THENCE S80o48'30"W a distance of 1521.55 feet to 'a point on the westerly line of a parcel of
land described at Reception No. 452307, recorded in the Pitkin County Clerk and Recorder's
Office, being the POINT OF BEGINNING;
THENCE along the westerly line of said Parcel, Sl 1°5612"E a distance of 654.78 feet to the
southwest corner of said Reception No. 452307;
THENCE along the southerly line of said Reception No. 452307 N6913 197"E a distance of
635.69 feet to a point on the westerly line of Parcel 109 as described in CDOT Project No. NH
0821-051-051 Unit 1, dated 01-14-00 and recorded at Reception No. 471108 in the Pitkin County
Clerk and Recorder's Office;
THENCE along said westerly line of Parcel 109 the following two (2) courses;
(1) S 19°57'05"E a distance of 288.06 feet;
(2) S32'16'36"E a distance of 141.15 feet to a point of intersection'of said westerly line of Parcel
109 and the northerly line of Parcel 112-C as described in CDOT Project No. NHO821-051 Unit
1, dated 01-01-00 and recorded at Reception No. 471970 in the Pitkin County Clerk and
Recorder's Office;
THENCE along said northerly line of Parcel 112-C N89o46'20"W a distance of 858.55 feet to the
intersection of said northerly line of Parcel 112-C and the northeasterly line of Parcel 109-A as
described in CDOT Project No, NH 0821-051-051 Unit 1, dated 12-02-00 and recorded at
Reception No. 471108 in the Pitkin County Clerk and Recorder's Office;
THENCE the following three (3) courses along said northeasterly line of Parcel 109-A;
(1) N22a52'53"W a distance of 465.06 feet;
(2) NM13715"W a distance of 120.14 feet;
(3) N17a12'33"W a distance of 190.53 feet;
THENCEN6998'42"E a distance of 278.40 feet to the POINT OF BEGINNING.
Containing 350,708 square feet, (8.051 Acres), more or less.
IIIIIIIIIIIIIIIII IIIIIIIIII IIIIII VIII III IIIIIIIII IIII 04727
$ 0/ 0 0012:53P
SILVIA DAVIS PITKIN COUNTY CO R 115.00
000061
Carter & Burgess, Inc. Carter & Burgess Archilects/Engineers, Inc. Carter & Burgess Consultants, Inc. C&B Architects/Engineers, Inc.
C&B Architects/Engineers, P.C. C&B Nevada, Inc. Nixon & Laird Archilects/Engineers, P.C.
1
Page 2 of 2 Parcel NIB
The Basis of Bearing'ifor this description is the, centerline of Runway 15/33..of the Pitkin County
Airport. Said centerline bears South 20021'56" East (assumed), a distance of 7004.59 feet. Said
centerline is monumented on the south end by a 2.5" aluminum cap at station 80+18.00 and .
monumented by a 2.5I' aluminum cap at Station 10+13.43 on the north.
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0 2 03f 12353P
SILVIA DAVIS PITKIN COUNTY CO R 115.00. D 0.00
000062
Caner.& Burgess, Inc Carter & Burgess Architects/Engineers, Inc. Carter & Burgess Consultants, Inc. C&B Archilecis/Engineers, Inc.
C&B Arch'teds/Engineers, P.C. C&B Nevada, Inc. Nixon & Laird Archilects/Engineors, P.C.
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III VIII I III III II I II III484727
Page: 22 0 2 03f 23
08/ 12:53P
COUNTY CO R 116.00 . d 0.00
PROPERTY DESCRIPTION
PARCEL N-lA
707 171h street, suite 2300
Denver, Colorado 80202-3404
Phone: 303.820.5240
Fax: 303.820.2402
www-c-6.com
A parcel of landlying in the East Half of Section 3, Township 10 South, Range 85 West of the 60i
Principal Meridian, more particularly described as follows:
COMMENCING at the East Quarter corner of Said Section 3, (a 3 ''/d' brass cap stamped "US
Cadastral Survey-BLM 1954")
WHENCE the Center Quarter Corner of said Section 3 (a 2 %" aiuminum cap stamped "D.B.&
CO —PLS 27936") bears S89a55'55"W a distance of 2551.79 feet, and
THENCE S80°48'30"W a, distance of 1521.55 feet to a point on the westerly line of a
parcel of land described at Reception No. 452307 recorded in the Pitkin County Clerk
and Recorder's Office, being the POINT OF BEGINNING
THENCE S6903 8'42"i a distance of 278.40• feet to a point on the easterly line of Parcel 109-A
as described in CDOT ; rojOct No. NH 0821-051-051 Unit 1, dated .01-14-00, and recorded at
Reception No. 471108 lin said Pitkin County Clerk and Recorder's Office;
THENCE along said easterly line of Parcel 109-A the following five (5) courses:
(1) NI7° 12'33"W a distance of 133.50 feet;
(2) N07o2432"W a distance of 247.72 feet;
(3) 1,402o59'25"W a distance of 392.93 feet;
(4) Nl1°02'21 "W a distance of 154.45 feet; -
(S) N15a1P12"W a distance of 237.13 feet,;
THENCE N48a19'05"E a distance of 17.95 feet to the southwesterly line of a parcel' of land
described in Book 335 at Page 380, recorded in said Pitkin County Clerk and Recorder's Office;
THENCE along said southwesterly line the following three (3) courses;
(1) S41°40'55"E a distance of 52.61 feet;
(2) S44°03'55"E a distance of 238.86 feet;
(3) 831.44'55"E a distance of 215.91 feet to a point of intersection of said soutwesterly line and
the extension ofthe northwesterly line of a.parcel of land described in Book 514 at Page 51,
recorded in said Pitkin County Clerk and Recorder's Office;
THENCE along said northwesterly line S3210512911W a distance of 95.56 feet;
TZMNCE alongthe westerly line of said Book 514, Page 51 S03o0413I "E a distance of 220.06
feet to the northwest comer of a parcel described in Book 332 at Page 3 81 recorded in said Pitkin
County Clerk and Recorder's Office;
THENCE alongthe westerly line of said Book 332, Page 381 803°04'18"E a distance of 123.81
feet;
THENCE along the southerly line of said Book 332, Page 381 N63°30'29"E a distance of 98.67 .
feet to the northwest comer of said parcel described at Reception No. 452307;
THENCE along the westerly line of said Parcel Sl 1 °56'32"E a distance of 292.59 feet to the
POINT OF BEGINNING -
Containing 219,351 square feet, (5.036 Acres), more or less.
00006
Carter .& Burgess, Inc. Carter & Burgess Architects/Engineers, Inc. Carter & Burgess Consultants, Inc. C&BArchitects/Engineers, Inc.
C&B Archiieds/Engineers, P.C. C&B Nevada, Inc. Nixon & Laird Architects/Engineers, P.C.
M
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Approximate Trai�,4lignment;
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000066
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 6CIflL C'.E'--.t',
r�y�1�/ll%l�•ix/T/�/.CG %P.tLiGFkereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 030-2009 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 $- A f which is based onj 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
Community Development Director
Effective 01/26/2010
I:county\admin\forms\planning\agreement to pay
000067
P't
Signature
Date:
Mailing Address:
rz
n619
000063
ASPEN SKIING COMPANY LLC
BEDELL LINDA D
BUTTERMILK MEADOWS LLC 73.5%
PO BOX 1248
309K AABC
CAHN & COMPANY LLC 26.5%
ASPEN, CO 81612
ASPEN, CO 81611
PO BOX 4060
ASPEN, CO 81612
CITY OF ASPEN
COLORADO DEPT OF TRANSPORTATION
GERSON GORDON & ELAINE
130 S GALENA ST
STATE OF COLORADO
200 W BUTTERMILK RD
ASPEN, CO 81611
4201 E ARKANSAS AVE
ASPEN, CO 816112706
DENVER, CO 80222
MAROON CREEK LLC
MOUNTAIN SONG LLC
PITKIN COUNTY
10 CLUB CIR
4203 YOAKUM BLVD#200
530 E MAIN ST#302
ASPEN, CO 81611
HOUSTON, TX 77006
ASPEN, CO 81611
PRESUTTI TIMOTHY M & COURTNEY E
501 W BUTTERMILK RD
ASPEN, CO 81611
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PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY
y.00ATION: Owl Creek Road PARCEL ID #: 273503100808
ZONE: P -I and AR -10 "Q,,_ OWNER: Pitkin County and City of Aspen
APPLICANT: Fidi%-@~Aw LOpen Space and Trails
REPRESENTATIVE: Matt Kuhn PHONE: 429-2035 EMAIL: matt.kuhnCrr�,cityofaspen.com
PLANNER: Mike Kraemer PHONE: (970) 920-5482 E-MAIL: michael.kraemerna,pitkincwunty.com
DATE: March 7, 2014
Type of Application: Location and Extent Review
Description of Project/Development: The Applicant proposes to create an unpaved, single track trail along Owl Creek
Road to connect to Sky Mountain Park.
2-30-30(h)(10): Location and Extent Review — 2012 Aspen Area Community Plan and the West of Maroon Creek Plan
(WOMP)
Review by: Planning and Zoning Commission
Public Hearing: Yes. Notice is required via posting, mailing and publication. The Applicant shall post a public
notice sign on the property at least 15 days prior to the date specified for the hearing pursuant to Sec. 2-20-100(a)(3) of
the Land Use Code. In addition, the Applicant shall mail notice at least 30 days prior to the public hearing (by fust class
mail) to all property owners within 300' of the subject property with the return address of the Cbmmunity Development
epartment (form of notice to be obtained from the Community Development Department). The names and addresses
"'Shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the
public hearing.ks,
�P�ek C�-61. W oa
Staff will refer the application to the following agencies: Owl Creek HOA and Airport (Brian Grefe) , P,V r C fkn OST
FEES: $1,015.00 (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 4 hours,
the Applicant will be charged for additional time above 3 hours at a rate of $312/hour)
$54 Publication Fee
To apply, submit 8 copies (2 unbound) of the following information, unless noted otherwise:
1. Summary letter explaining the request, explaining existing conditions, providing background on prior approvals and
permits, and addressing compliance with the Code sections listed above.
2. Application Submission Requirements for Location and Extent Review as detailed in Section 2.2.23 of the Pitkin
County Application Manual.
3. 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, fisting the names of all owners of the property and all
mortgagees, judgments, liens, easements,vontracts 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.
4. Legal Description of the property. ✓
m Consent from the owner of the property for the representative to process the application and represent the owner,
6. Street address and parcel description, including legal description, and 8-1/2"x 11" vicinity map locating the subject
property within Pitkin County;
000071
7. Executed Pitlan County Community Development Agreement for Payment of Land Use Application Fees form (1
copy - form attached);
8. List of all property owners within 300' of the subject property (1 copy); and
9. Copies ofthis pre -application Conference Summary Sheet.
NOTES:
➢ . PLEASE SUBMIT TWO UABOU1VD AND ONE-SIDED COPY OF YOUR COMPLETEAPPLICATION.. PLEASE
SUBMIT TWO-SIDED COP ES OFALL REMAINING COPIES OF YOUR APPLICATION aFPOSSIBLE). THE
PARCEL IDs SHOULD BEWCLUDED ONALL DOCUMENTSINCLUDED INYOURAPPLICATION
➢ ALL MAPS SHALL BE FOLDED. One copy of submittal materials shall have all documents in format no larger than
81/2" by 11':
➢ Thispre-applicationconfer nce summary is advisory in nature and not binding on the, County. The information,
provided, in this summary is based on current zoning standards and staff's interpretations based upon
representations of the appli ant. Additional information may be required upon a complete review of the application.
➢ The Pitkin County Land Use Code andApplication Manual can be viewed at this link
htt :llwww.as en itkin.co De artments/Communi-Develo ment-Pitkin-Coup /Plannin -and-Zonin /Land -Use/
E
000072
PUBLIC NOTICE
RE: Owl Creek Connector to Sky Mountain Trail Location and Extent Review
(Case #P031-15; PID 2735-031-00-800, 2735-031-00-808, and 2735-031-00-809)
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, June 2,
2015 at a regular meeting to begin at 5:00 p.m. or as soon thereafter as the conduct of
business allows, before the Pitkin County Planning and Zoning Commission, Plaza One
Conference Room, 530 E. Main St., Aspen to consider an application submitted by City of
Aspen (130 South Galena Street, Aspen, CO 81611) requesting to create an unpaved, single
track trail along Owl Creek Road to connect to Sky Mountain Park. The properties are
located along Owl Creek Road, and are legally described as a parcel of land lying in the SE
1/4 of Section 3, Township 10 South, Range 85 West of the 6'" P.M. The State Parcel
Identification Numbers for the properties are 2735-031-00-800, 2735-031-00-808, and
2735-031-00-809. The application is available for public inspection in the Community
Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. Comments
or objections due by May 22, 2015. For further information contact Lance Clarke at the
Pitkin Community Development Department (970) 920-5452.
Mirte Mallory
Chair
Pitkin County Planning and Zoning Commission
Published in the Aspen Times Weekly on April 30, 2015.
Pitkin County Account 002.02.
Public Private
Attention Applicant/Representative:
It is your responsibility to do the following:
1. Mail this Public Notice to all adjacent property owners and mineral estate
owners at least 30 days prior to the hearing with the return address of the
Community Development Department. The names and addresses shall be
those on the current tax records of Pitkin County as they appeared no more
than 60 days prior to the date of the public hearing
2. Submit the Affidavit of Notice by Posting & Mailing (previously sent to you
with your applicant letter) as proof of compliance with the Code at the hearing.
3. Pick up Public Notice sign from the Pitkin County Community Development
Department, 130 South Galena Street, Aspen, CO (970) 920-5526
4. Post the Public Notice sign on the property at least fifteen days (15) prior to
the hearing
5. Remove the Public Notice sign within one week after hearing date
http://pitkincounty.com/DocumentCenter/View/3678
County of Pitkin ) AFFIDAVIT OF NOTICE &
} ss. MAILING PURSUANT TO
State of Colorado } PITKIN COUNTY LAND USE
CODE SECTION 2-20-100
being or representing an
Applicant to the Pitkin County Development Department, personally certify that I have complied with
the public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations
in the following manner:
By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at
least 30 days prior to the public hearing to all owners of property within 300' to the subject property,
as indicated on the attar ed list, on the /J� day of , 201 (which is?days prior to the
public hearing date of a,V The names and addresses of the adjacent property owners shall be
those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the
public hearing.
2. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at
least 30 days prior to the public hearing to the owner(s) of the mineral estate underneath the subject
property, as indicated on the attached list, on the day of , 201_ (which is _ days prior
to the public hearing date of ). The names and addresses of the mineral estate owners shall
be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to
the public hearing.
3. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest
public way) on the day of/144:y , 20 IS which is at least fifteen (15) days prior to the
public hearing. A photograph of the posted sign is attached hereto.
111oxw-w ?ezW,J
Applicant's name
(Attach photograph here)
I r-�r F
Signature
Signed before me thisay of ,
2015by
JV4,6-P-10 k�,_hn
WITNESS MY HAND A1,P OFFICIAL SEAL
My
commission expires: J/a2O1SO'
Notary Public's Signature
TERESA HACKBARTH
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144015747
MY COMMISSION EXPIRES APRIL 11. 2018
PUBLIC NOTICE
RE: Owl Creek Connector to Sky Mountain Trail Location and Extent Review
(Case #P031-15; PID 2735-031-00-800, 2735-031-00-808, and 2735-031-00-809)
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, June 2,
2015 at a regular meeting to begin at 5:00 p.m. or as soon thereafter as the conduct of
business allows, before the Pitkin County Planning and Zoning Commission, Plaza One
Conference Room, 530 E. Main St., Aspen to consider an application submitted by City of
Aspen (130 South Galena Street, Aspen, CO 81611) requesting to create an unpaved, single
track trail along Owl Creek Road to connect to Sky Mountain Park. The properties are
located along Owl Creek Road, and are legally described as a parcel of land lying in the SE
1/4 of Section 3, Township 10 South, Range 85 West of the 6t' P.M. The State Parcel
Identification Numbers for the properties are 2735-031-00-800, 2735-031-00-808, and
2735-031-00-809. The application is available for public inspection in the Community
Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. Comments
or objections due by May 22, 2015. For further information contact Lance Clarke at the
Pitkin Community Development Department (970) 920-5452.
Mirte Mallory
Chair
Pitkin County Planning and Zoning Commission
Published in the Aspen Times Weekly on April 30, 2015.
477 ASPEN OAK DRIVE TRUST ASPEN CASTLE CREEK LLC ASPEN GRAY LLC
11 BROOKDALE RD PO BOX 6876 PO BOX 471224
ARLINGTON, MA 02474 SNOWMASS VILLAGE, CO 81615 FORT WORTH, TX76147
ASPEN OAK TENNIS ASSOC ASPEN ROUND HOUSE LLC ASPEN SKIING COMPANY LLC
39 POLECAT DR 300 CRESCENT CT #800 PO BOX 1248
ASPEN, CO 81611 DALLAS, TX 75201 ASPEN, CO 81612
B3 PROPERTIES LLC BEDELL LINDA D BOOG ACRES LLC
PO BOX 1311 309K AABC 10000 LINDELAAN DR
BASALT, CO 81621 ASPEN, CO 81611 TAMPA, FL 336184208
BROOK RENEE BRUCE ROBERT T & NANCY M BURKHOLDER CRATON R & MARDELL L
189 ASPEN OAK DR 960 W BUTTERMILK RD 1596 W BUTTERMILK RD
ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611
BUTTERMILK LLC
BUTTERMILK MEADOWS LLC 73.5%
BUTTERMILK MOUNTAIN SKIING CORP
2630 SUTTON CT
CAHN & COMPANY LLC 26.5%
PO BOX 1248
HOUSTON, TX 77027
PO BOX 4060
ASPEN, CO 81612
ASPEN, CO 81612
CALLAHAN STEVEN S
DIANE WALLACE TRUST #2 50%
DMS PROPERTIES LLC
WAISMAN MARGARET
215 S MONARCH ST #104
11900 RIVER RD
3730 WILLOWICK
ASPEN, CO 81611
POTOMAC, MD 20854
HOUSTON, TX 77019
EAST OWL CREEK HOMEOWNERS ASSOC
ERNEMANN ANDREW & ASHLEY
FINDLAY H PETER
90 CLAY LANE
39 POLECAT DR
79 PROSPECT MT RD
ASPEN, CO 81611
ASPEN, CO 81611
SALISBURY, CT 06068
FIVE STAR VENTURE FUNDING LP GERSON GORDON & ELAINE GIORDANI LUIGI
2002 TYNE BLVD 200W BUTTERMILK RD PO BOX 1848
NASHVILLE, TN 37215 ASPEN, CO 816112706 BASALT, CO 816211848
GOLDSMITH LOUISA
GREGORY JULIAN ARTHUR JR & MARY
NORWICH JUDITH E & ARNOLD
PO BOX 1385
MALONEY
1801 N HALSTED
ASPEN, CO 81612
845 ASPEN OAK DR
CHICAGO, IL 60614
ASPEN, CO 81611-2707
JOSEPH PAMELA
K2 FAMILY PROPERTY LLC
KAYNE GREGORY S & JEANNE
407 ASPEN OAK DR
2691 WALLINGFORD DR
PO BOX 2359
ASPEN, CO 81611
BEVERLY HILLS, CA90210
ASPEN, CO 81612
II]
MARGOLIS ALLAN B FAMILY TRUST 21.09% MARGOLIS ALLAN B TRUST 66.88% MERRILL JACQUELINE RESIDENCE TRUST
PO BOX 3102 141 UNION BLVD #300 278 OAK RIDGE DR
ASPEN, CO 81612 LAKEWOOD, CO 80228 ASPEN, CO 81611
MOUNTAIN SONG LLC
4203 YOAKUM BLVD #200
HOUSTON, TX 77006
PLOTKE-GIORDANI ELIZABETH H
PO BOX 265
SNOWMASS, CO 81654
ROTH ELDON & REGINA
984 QUAIL HOLLOW CIR
DAKOTA DUNES, SD 57049
SHAFFER MARGARET B
306 HIBISCUS
PALM BEACH, FL 33480
TERRAL INVESTMENTS LTD LLC
PO BOX 3595
ASPEN, CO 81612
YUSEM J S TRUST #2 50%
215 S MONARCH ST #104
ASPEN, CO 81611
OBERMEYER WALTER R
0490 ASPEN OAK DR
ASPEN, CO 81611
PRESUTTI TIMOTHY M & COURTNEY E
501 W BUTTERMILK RD
ASPEN, CO 81611
RUBINOFF JOANNE TALENFELD QPR TRUST
10/15Y2012
2660 S OCEAN BLVD
APT 6065
PALM BEACH, FL33480
SHAPIRO ANDREW & NANCY
288 ASPEN OAK DR
ASPEN, CO 81611
WEST BUTTERMILK DEV CORP
PO BOX 12379
ASPEN, CO 816129240
CDOT State of Colorado
4201 E Arkansas Ave.
Denver, CO 80222
PLACER ENTERPRISES CORP
PO BOX 10119
BEVERLY HILLS, CA 90213-3119
ROARING FORK HOLDINGS LLC
PO BOX 2559
GLENWOOD SPRINGS, CO 81602
SEIDEL CHRISTIANNA 1999 PROPERTY TRUST
30 REEDLAND WOODS WY
BELVEDERE TIBURON, CA 949202029
TARVER KIMBERLY SWALES
PO BOX 10594
ASPEN, CO 81611
WEST BUTTERMILK HOLDINGS VIII LLC
320 W MAIN ST
ASPEN, CO 816111614
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BOARD OF COUNTY COMMISSIONERS
June 1, 2015
Lance Clarke, Community Development Deputy Director
City of Aspen Planning and Zoning
130 South Galena Street, 3`d Floor
Aspen, CO 81611
Re: City of Aspen Land Use Application
Dear Lance:
530 E Main Streel, 3rd Floor
Aspen, Colorado 81611
phone (970) 9205200
lax (970) 9205198
The City of is submitting an application for a Locations and Extent Review for a soft surface
single track trail on County parcels known as Airport Bluffs and the former CDOT property next
to Buttermilk. As owners of the property, Pitkin County consents to the submission of this
application.
If you have any questions or require any additional information, please do not hesitate to contact
me at 920-5067.
Sincerely.
Jon Peacock
County Manager
530 E. Main Street, Aspen, CO 81611 • Phone: 970-920-5200 • Fax: 970-920-5198
5/29/2015 Pitkin County Mail - Re: City's Owl Creek Connector Trail
fTXIN
a
COUNTI; Lance Clarke <lance.clarke@pitkincounty.com>
Re: City's Owl Creek Connector Trail
1 message
Gerald Fielding <gerald.fielding@pitkincounty.com>
To: Lance Clarke <lance.clarke@pitkincounty.com>
Fri, May 29, 2015 at 12:33 PM
I was under the impression that they needed some permission to cross W Buttermilk Rd
Thank you,
G.R. Fielding, PE
Pitkin County
On May 29, 2015, at 10:18 AM, Lance Clarke <lance.clarke@pitkincounty.com> wrote:
I o -f I
It looks as if some of the City's representations show the proposed trail crossing West Buttermilk
Road as the trail leaves the parking lot and crosses over to the "windmill parcel". Do they have to
get permission from Buttermilk Metro District for this crossing? That's not a County road, right?
nonnle.com/mail/u/01?ui=2&ik=eb410f3ac7&view=pt&search=inbox&th=14daOf3aa79b1812&siml=14da0f3aa79b1B12 1/1
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
April 14, 2015
Matt Kuhn
130 South Galena Street
Aspen, CO 81611
Matt.kuhn@cityofaspen.com
Re: Owl Creek/Sky Mountain Trail Location and Extent Review
(PID#2735-031-00-800, 2735-031-00-808, & 2735-031-00-809; CASE Of P031-15)
Dear Mr. Kuhn:
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.
We have scheduled this application at a public hearing before the Pitkin County Planning and Zoning Commission
on Tuesday, June 2, 2015 at a meeting to begin at 5:00 pm before the Pitkin County Planning and Zoning
Commission, in the Plaza One Conference Room, 530 East Main Street, Aspen, Colorado. Should this date be
inconvenient for you please contact me within 3 working days of the date of this letter. After that the agenda date
will be considered final and changes to the schedule or tabling of the application will only be allowed for
unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the
memo pertaining to the application is available for you to pick up at the Community Development Office.
Please note that it is your responsibility to post a public notice sign on the property at least fifteen days prior to
the public hearing (and remove it within one week after). You are also required to mail notice (you may obtain
a copy of the public notice from our office) to all property owners and mineral estate owners within 300' of the
subject property at least 30 days prior to the hearing with the return address of the Community Development
Department given above. The names and addresses shall be those on the current tax records of Pitkin County as
they appeared no more than 60 days prior to the date of the public hearing. Please submit the enclosed Affidavit
of Notice by Posting & Mailing as proof of compliance with the code at the hearing.
If you have any questions, please call Lance Clarke, the planner assigned to your case, at (970) 920-5452.
Sincerely,
Bonnie Shiles
Administrative Assistant
Encl: Affidavit (Code Section 2-20-100)
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920-5526 FAX (970) 920-5439
MEMORANDUM
TO: Pitkin County Airport
Owl Creek Homeowners Association
Public Works
Open Space and Trails
Long Range Planner
FROM: Lance Clarke, Community Development Department
Lance. clarkegi pitkincounty.com
RE: Owl Creek/Sky Mountain Trail Location and Extent Review
(PID4 2735-031-00-800; 2735-031-00-808; & 2735-031-00-809; CASE4 P031-15)
DATE: April 14, 2015
Attached for your review and comments are materials for an application submitted by City of Aspen.
The Pitkin County Planning and Zoning Commission will review the application on June 2, 2015.
Please return your comments to me by Friday, May 22, 2015.
htt,p:Hl2itkincounty.com/DocumentCenterNiew/3678
Thank you.
5/26/2015 Pitkin County Mail - Comments Re: Owl Creek/Sky Mtn Trail
q)y nay,
yJ ^r ^« r Lance Clarke <Iance.clarke@pitkincounty.com>
Comments Re: Owl Creek/Sky Mtn Trail
1 message
3
Ellen sassano<ellen.sassano@pitkincounty.com>
To: Lance Clarke <Iance.clarke@pitkincounty.com>
Lance,
I have reviewed the Owl Creek Sky Mountain Trail Location & Extent Review application for
compliance with the 2013 West of Maroon Creek Plan (WOMP.) The proposed trail is
identified on the Trails Map in the Plan, and also specifically identified on page 26, in
Sections 11.1 and 11.1 b. as an action item to implement the direction "to improve efficiency
and coordination between all related aspects of transportation in the WOMP area." Sections
11.7 and 11.7c. recommend that any trail signage be coordinated with the County Open Space
and Trails Staff as part of a larger signage plan for the area. Finally, this trail is identified on
the Pitkin County Open Space & Trails Dept. Trails Plan for the Upper Valley as a means of
connecting existing trails to function as part of a larger network... Let me know if you have
any questions!
Ellen Sassano,
Senior Long Range Planner
Fri, May 22, 2015 at 5:06 PM
https://mail.google.com/mail/u/0/?ui=2&ik=eb4l Of3ac7&view=pt&search=inbox&th=l4d7deObfe262e2c&siml=14d7deObfe262e2c 1/1
PITKIN Ca,wUNTY COMMUNITY DEVELCDIVIENT
Permit Receipt
RECEIPT NUMBER 00037920
Name: City of Aspen Date:4/3/2015
Project Address: 0 W BUTTERMILK RD
Type: check # 191790
Permit Number Fee Description
0031.2015. PLAN
0031.2015. P LAN
PP- Flat Fee
PP- Public Notice Fee
Total:
Amount
936.00
54.00