HomeMy WebLinkAboutbocc.res.097.2016A . 6,8,( 4-uu,0A-1,-1A-
FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY
(Section III or Section IV must be completed)
Every petition for abatement or refund filed pursuant to§39-10-114,C.R.S.shall be acted upon pursuant to the provisions of this section by the
Board of County Commissioners or the Assessor,as appropriate,within six months of the date of filing such petition,§39-1-113(1.7),C.R.S.
Section ill, Written Mutual Agreement of Assessor and Petitioner
(Only for abatements up to$10,000)
The Commissioners of County authorize the Assessor by Resolution No.
to review petitions for abatement or refund and to settle by written mutual agreement any such petition for
abatement or refund in an amount of$10,000 or less per tract,parcel,or lot of land or per schedule of personal
property,in accordance with§39-1-113(1.5),C.R.S.
The Assessor and Petitioner mutually agree to the values and tax abatement/refund of:
Tax Year
Actual Assessed Tax
Original
Corrected
Abate/Refund
Note:The total tax amount does not include accrued interest,penalties,and fees associated with late and/or delinquent tax payments,if
applicable. Please contact the County Treasurer for full payment Information.
Petitioner's Signature Date
Assessor's or Deputy Assessor's Signature Date
Section IV: Decision of the C my Commissioners
(Must be completed if Section III does not apply) 1-Qe9t Vi--‘04‘. 4.40,04'?It. 9-6/C
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WHEREAS,the County Commissioners of Vt (/IJ K-, County,State of Colorado,at a duly and lawfully
called regular meeting held on la /1-2 I tel'at which meeting there were present the following members:
Month Day Y / L �,
t tltissi tern ` e)---,Month.
� Lards G�wi e kdpz-r, �l �i_ al Id
Y /eitAlet Ot kg�_ G-..eaI�j Yj /.u4-4-
with notice of such meetidg and an opportlihity to beeresent,.-ving been given to the Pe 4tioner and the Assessor
of said County and Assesso 4-PP /-! _• i ' (being present notpresent)and
Petitioner L141-d_ ' 1 .r (being present not present),and WHEREAS,the said
Name
County Commissioners have carefully considerAd within petition,and are fully advised in relation thereto,
NOW BE IT RESOLVED that the Boar (agrees,does n ree)with the recommendation of the Assessor,
and that the petition be(approved-approv n part en! with an abatement/refund
Year Assessed Value Taxes Abate/Refund
Chairp son of the Board of County ommissioners'Signature
t,4-e-c•--w.e-4'f-te. NimL`2ti- County Clerk and Ex-Officio Clerk of the Board of County Commissioners
in and for the aforementioned county,do hereby certi '
.at aboved'oregoing order is truly copied from the
record of the proceedings of the Board of Coun ,,.:471; loco. -,; .
. •........,4'-�ttt
IN WITNESS WHEREOF,I have hereunto ha �ffj
nd and R.'-di e sea of said County
this , j-0C4-' day of d u (3 f41 �tL a ti
Month
r�* -. r i► % I
A .
Jlr�y
. 1S • lerk's or Deputy County%erk's Signature
S i
p, Note Abatements greater than$10,000 per schedule,ple C\ �dbOO•in duplicate to the Property Tax Administrator for review.
,
Section v: Action of the Property Tax Administrator
(For all abatements greater than$10,000)
The action of the Board of County Commissioners,relative to this petition,is hereby
❑Approved ❑Approved in part$ ❑Denied for the following reason(s):
Secretary's Signature Property Tax Administrator's Signature Date
15-DPT-AR No.920-66/15
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PETITION FOR ABATEMENT OR REFUND OF TAXES a!c J ED
County: Pitkin County Date Received 2016
(Use Assessor's or Commissioners Date St@� 31,
Section I: Petitioner,please complete Section I only. ��jjii C�VN�'I
Date: 5/26/2016 p\1PSSESSOR
Month Day Year
Petitioner's Name: NEWMAN JOEL C/O Duff&Phelps,LLC
Petitioner's Mailing Address: 1200 17th Street Suite 990
Denver CO 80202
City or Town State Zip Code
SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY
R012276 VANDEMOER LOT SPLIT Lot:1
Petitioner requests an abatement or refund of the appropriate taxes and states that the taxes assessed against the
above property for property tax year(s) 2014 and 2015 are incorrect for the following reasons: (Briefly
describe why the taxes have been levied erroneously or illegally,whether due to erroneous valuation,irregularity in
levying,clerical error or overvaluation. Attach additional sheets if necessary.)
The subject property is a contiguous parcel of land associated with account(R012799)under common ownership.Pursuant to 39-1-102
C.R.S(14.4)(a)"Residential land"means a parcel or contiguous parcels of land under common ownership upon which residential
improvements are located and that is used as a unit in conjunction with the residential improvements located thereon.Given that these
parcels are owned under common ownership and enjoyed as a unit,Duff&Phelps hereby request that the subject property be classified as
residential instead of commercial.
2300000
(2014 and ;2587500 2015
Petitioner's estimate of value: ; ) ( )
Value Year Value Year
I declare,under penalty of perjury in the second degree,that this petition,together with any accompanying exhibits
or statements,has been prepared or examined by me,and to the best of my knowledge,information and belief,is
true,correct,and complete.
Daytime Phone Number( )
Petitioner's Signature
Email
Bye-amt Daytime Phone Number(303 )749.9033
Agent's Signature*
Email travis.stuard@duffandphelps.com
*Letter of agency must be attached when petition is submitted by an agent
lithe Board of County Commissioners,pursuant to§39-10-114(1),C.R.S.,or the Property Tax Administrator,pursuant to§39-2-116,C.R.S.,
denies the petition for refund or abatement of taxes in whole or in part,the Petitioner may appeal to the Board of Assessment Appeals pursuant
to the provisions of§39-2-125,C.R.S.,within thirty days of the entry of any such decision,§39-10-114.5(1),C.R.S.
Section II: Assessor's Recommendation
(For Assessor's Use Only)
Tax Year Tax Year
Actual Assessed Tax Actual Assessed Tax
Original
Corrected —
Abate/Refund
❑Assessor recommends approval as outlined above.
If the request for abatement is based upon the grounds of overvaluation,no abatement or refund of taxes shall be made if an objection or
protest to such valuation has been filed and a Notice of Determination has been mailed to the taxpayer,§39-10-114(1)(a)(I)(D),C.R.S.
Tax year: Protest? ❑No 0 Yes (If a protest was filed,please attach a copy of the NOD.)
Tax year. Protest? ❑No 0 Yes (If a protest was filed,please attach a copy of the NOD.)
Assessor recommends denial for the following reason(s):
A
1�� Ppo, v ies ort Mf" owned under Cowwr1o►\
ota)nurse f•
Assessor's or Deputy Assessor's Signature
15-DPT-AR No.920-66/15
/ to-K, ll0 �s
o3 h
Sch# - 12276, Joel Newman, Vandemoer Lot Split, Lot one
The petitioner is requesting an abatement for tax year 2014, and 2015. For each of
these tax years, the valuation is not subject to dispute, only the vacant land
classification. The abatement request claims that the subject parcel is under common
ownership with the adjoining improved residential parcel (sch# 12799) and is enjoyed as
a unit. Therefore the vacant parcel qualifies for a residential classification.
After researching the ownership records of the two parcels, it was discovered that the
improved parcel, sch# 12799, is held under the ownership of Newman Family Split
Purchase Trust while the vacant subject parcel, sch# 12276, is held under the
ownership of Joel Newman. Being separate legal entities, it is the position of the Pitkin
County Attorney's office that the two parcels are not under"common ownership". As
such, the vacant parcel does not qualify for the residential classification.
If approved as requested, the refund would be: tax year tax year 2014 - $16,231;
2015 - $17,450
Recommended action: Uphold the assessor's recommendation to deny the
request for a change in classification or, recommend a change in classification
either or in full or in part.
Hearing Officer Recommendation:
Petitioner indicates that there is common ownership of this property and the improved residential
property. The two parcels are held in different entities. I have been provided with a copy of the
trust which I believe may give different individuals potential ownership interest in the property
held by the trust as compared to one individual Joel Newman as owner of one of the parcels.
Regardless without identical ownership I believe this does not qualify under Pitkin County's
definition of common ownership. The Pitkin County BOE and County Commissioners have been
advised by the county attorney tharcommon ownership is defined as owned by exactly the same
entity.
In this case, because of the location of the vacant lot and orientation to the residential parcel the
the integral use and support of the residential site is not clearly demonstrated. Without common
ownership as defined by ownership in the exact same entity, I am unable to consider this request.
I recommend that the request for residential designation be denied.
i (hj / 7
Stephen C. Hach Please see following Page
Below, in addition to the information provided at the hearing by the Petitioner and the Assessor,
is part of the information that was also used to make my determination.
A partial description as offered by the Division of Real Estate is; "Residential Land"means a
parcel or contiguous parcels of land under common ownership upon which residential
improvements are located ant that is used as a unit in conjunction with the residential
improvements located thereon.
From the 2012 court ruling Fifield v. Pitkin County Board of Commissioners 4 Suggested
Criteria(but not limited to the 4)were developed by the Pitkin County Assessor to evaluate the
residential classification.
1. Are the contiguous parcels under common ownership?(The Pitkin County Attorney's
office has interpreted"common ownership"as held under exactly the same entity and
name provided this interpretation to the BOE and County Commissioners)
2. Are the parcels considered an integral part of the residence and actually used as a
common unit with the residence?
3. Would the parcel(s)in question likely be conveyed with the residence as a unit?
4. Is the primary purpose of the parcel and associated structures to be for the support,
enjoyment,or other non-commercial activity of the occupant of the residence?
Sch# - 12276, Joel Newman, Vandemoer Lot Split, Lot one
The petitioner is requesting an abatement for tax year 2014, and 2015. For each of
these tax years, the valuation is not subject to dispute, only the vacant land
classification. The abatement request claims that the subject parcel is under common
ownership with the adjoining improved residential parcel (sch# 12799) and is enjoyed as
a unit. Therefore the vacant parcel qualifies for a residential classification.
After researching the ownership records of the two parcels, it was discovered that the
improved parcel, sch# 12799, is held under the ownership of Newman Family Split
Purchase Trust while the vacant subject parcel, sch# 12276, is held under the
ownership of Joel Newman. Being separate legal entities, it is the position of the Pitkin
County Attorney's office that the two parcels are not under "common ownership". As
such, the vacant parcel does not qualify for the residential classification.
If approved as requested, the refund would be: tax year tax year 2014 - $16,231;
2015 - $17,450
Recommended action: Uphold the assessor's recommendation to deny the
request for a change in classification or, recommend a change in classification
either or in full or in part.
Hearing Officer Recommendation:
Appointment of Agency for Property Tax Matters
Duff & Phelps, LLC is authorized to represent NEWMAN JOEL for the property known
by schedule numbers R012800, R012276 regarding the real property assessment
matters in Pitkin County, Colorado. Any and all previous authorizations are hereby
revoked. Duff & Phelps, LLC is authorized to act on our behalf in obtaining and
providing information, negotiating, settling and assessing for all real property matters
related to the property owned, possessed, or controlled by the undersigned at the above
referenced parcel. This agent is delegated full authority to handle real property matters
relative to assessments and to represent us, with the assistance of legal counsel, if
necessary, in the appeal process. This authority is extended to the schedule numbers
R012800, R012276 and may be amended as necessary.
This appointment of agency remains in effect for tax year(s) 2014 - 2016 or until
revoked in writing by NEWMAN JOEL or Duff& Phelps, LLC.
All correspondence should be directed to the following:
NAME: Bruce Cartwright
Duff& Phelps LLC
ADDRESS: 1200 17th Street, Suite 990
Deny r, Colo do 80202
303 49 0
SIGNED NAME: •
PRINTED NAME: Joe' New/her,
TITLE (in Relationship to Owner Entities) e le--
DATE EFFECTIVE: S1 cab 3o
HERNANDEZ
MY COMMISSION f FF 95289?
-...ml*? EXPIRES:Apn71,2020
--124*61° Bonded Thru Notary Public Underwriters
Notarize
Ow A . J1140„44\-Jr.42-eibt
Appraiser Recommendation for an Abatement
Assessor Generated 0
Taxpayer Generated 0
To: Tom Isaac, Pitkin County Assessor
From: Cheryl Hasse!bring
Date: June 1, 2016
Petitioner: Joel Newman c/o Duff& Phelps LLC
Schedule #: R012776
Parcel #: 2735-122-82-003
The appraiser has completed a review of the referenced property, as of this date, and hereby
submits a recommendation as stated below:
O Deny
❑ Approve as Submitted
❑ Abatement/Refund Different than requested
Abatement for Year: 2014 Abatement for Year: 2015
Data collection period July 1, 2010 to Data collection period July 1, 2012 to
for year#1: June 30, 2012 for year#2: June 30, 2014
Assessment Rate: 29% Assessment Rate: 29%
Tax Area: 001-1-AFS-001 Tax Area: 001-1-AFS-001
Mill Levy: 33.542 Mill Levy: 32.054
Actual Value this year: 2,300,000 Actual Value this year: 2,587,500
New Value: No Change New Value: No Change
Assessed Tax Amount Assessed Tax Amount
Value Value
Original value: $ 667,000 $ 22,372.52 Original value: $ 750,380 $ 24,052.68
Corrected $ No Change $ No Change Corrected $ No Change $ No Change
value: value:
Refund: $ No Change $ No Change Refund: $ No Change $ No Change
The basis of this recommendation is:
The agent for owners have filed a Petition for Abatement or Refund of Taxes as they state the vacant parcel
owned by Joel Newman is used in conjunction with the adjacent residential improved property owned by
Newman Family Split Purchase Trust (Schedule No. R012799). They are requesting residential classification
for the vacant unimproved parcel owned by Joel Newman, which would change the Assessment Rate from
vacant land (29 percent)to residential (7.96 percent), thereby reducing the taxes considerably.
According to § 39-1-102 (14.4) (a), C.R.S. "Residential Land" means a parcel of contiguous parcels of land
under common ownership upon which residential improvements are located and that is used as a unit in
conjunction with the residential improvements located thereon.
and
According to the ARL (Assessor's Reference Library) Vol 2, there are four suggested criteria to be considered
which include:
1. Are the contiguous parcels under common ownership?
2. Are the parcels considered an integral part of the residence and actually used as a common unit with
the residence.
3. Would the parcel(s) in question likely be conveyed with the residence as a unit?
4. Is the primary purpose of the parcel and associated structures to be for the support, enjoyment, or other
non-commercial activity of the occupant of the residence?
The subject property does not meet the very first criteria, which is the parcels must be under common
ownership. The parcel being abated is owned by Joel Newman and the adjacent residential improved parcel is
owned by Newman Family Split Purchase Trust.
It is the Pitkin County Assessor and the Pitkin County Attorney's opinion that the individual, Joel Newman and
the Newman Family Split Purchase Trust are separate legal entities, which means there is no common
ownership.
Due to the lack of the primary criteria of common ownership, the Assessor's Recommendation is to DENY the
Abatement. Copies of the vesting deeds showing ownership of the two parcels are attached.
Chief Appraiser Approval:
Assessor Approval:
Pitkin County Assessor
506 East Main Street Suite 202•Aspen,CO•81611
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Recorded at o'clock .M. _ °C,Vlt'
M °Reception No. _ Recorder _ _
P X .RECORDING REQUESTED BY. �,yy x ri W
p,n t'WHEN RECORDED RETURN TO: 12(..,\,4(
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Olt-Andrew V. Hecht, Esq. J(i "C"
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i SPECIAL WARRANTY DEED o m s3
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ASPEN VALLEY STAKE, INC., A COLORADO CORPORATION,, whose
• address is 1400 Diplomat Parkway, Hollywood, FL 33019, for TEN
x DOLLARS ($10.00) and other good and valuable consideration, in hand
O paid, hereby sells and conveys to JOEL NEWMAN whose address is 1400
Diplomat Parkway, Hollywood, FL 33019, the following real property .¢
p�,p��. in the County of Pitkin, State of Colorado, to wit: ;'tip
Ub4P4
Lot 1, Vandemoer Lot Split =+
COUNTY OF PITKIN, STATE OF COLORADO 1,,
• { H W
U A cri-\ T0GETHER with all its appurtenances, and warrants title against all
persons claiming under it SUBJECT TO AND EXCEPTING: General taxes
for 1989, payable January 1, 1990; Reservations and exceptions as
•
contained in Deed from the City of Aspen, recorded in Book 59 at
•
Page 468; Terms, conditions, restrictions and reservations as y'
contained in Agreement recorded in Book 507 at Page 152; Easements, �,•
rights of way and other matters as set forth in Plat recorded in
1, Plat Book 18 at Page 96; Terms, conditions, restrictions, :-
reservations and obligations as set forth in Statement of Exception .
From Full Subdivision Process, recorded in Book 517 at Page 862.
i
SIGNED this y day of J4114 // , 19 %P .
ASPEN VALLEY STAKE, INC.,...
a Colorado corporation
By: aa `r
Jg ' MAN, Presi•[� t O
Ir!!"
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ATTEST:
Jac-tzh
EDITH NEWMAN, Secretary _ _ --•-•-- i
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STATE OF FLORIDA )
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COUNTY OF ""A" )
• The foregoing Special Warranty Deed was acknowledged this •
. 4th day of _Tatman,' , ' _°o , by JOEL NEWMAN, President of •
, .
, ! ASPEN VALLEY STAKE, INC. , a Colorado corporation.
WITNESS my hand and official seal.
NOTARY PUBLIC STATE OF FLORIDA .
My commission expires: NY COMMISSION(OP JUNE 24,1992 .•'' 0 I RO .• I '.....ti..-1 '..
.`s‘. `..--',,• ./;.-"-• 1 '.4'.01;-:
BO#Dtu)HflIJ GENERAL (NS. (1NO. / . .. (4...• • -...,T• I ' '.1'•Y'''.
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STATE OF FLORIDA ) .. I
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COUNTY OF BROWARD ) , . -':. s'.-. ..•
• The foregoing Special Warranty Deed was acknowledged this
• t 4th day of Januakii , 1990 , by EDITH NEWMAN, Secretary of 6 ‘'•.
f ASPEN VALLEY STAKE, INC., a Colorado corporation.
.
, ; WITNESS my hand and official seal.
. .
• J NOTARY PUBLIC STATE OF FLORIDA
My commission expires: NY COXIIISSION DT JUNE 24,1992 —'.!,,,,,,4 P -
i . IMMO IfIRU GENERAL INS. UNIT. - N.1(t
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CITY OF ASPEN GrTY at ASPEN
' WRETT PAID HRETT PAID
DATE REP NO. DATE REP NO.
Vrt(D`' 11,1,E 2/i2� y/'�l ?7iZf , p E 4Y c7, 2S'
Filed for record the day of ,A.D. at o'clock M. RECORDER
Reception No. By DEPUTY.
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WARRANTY DEED
THIS DEED, Made on this day of April 14, 2006 , between
LEAH JOY ZELL WANGER AND RALPH WANGER
of the County of and State of ILLINOIS , the Grantor(s), and
,y NEWMAN FAMILY SPLIT PURCHASE TRUST
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: whose legal address is :930 WEST SMUGGLER AVENUE ASPEN, CO 81611 I
' of the County of PITKIN and State of COLORADO , the Grantee(s):
WCCNESS, That the Grantor(s), for and in consideration of the sun of ( $4,572,750.00 )
•
*** Four Million Five Hundred Seventy Two Thousand Seven Hundred Fifty and 0Dl3f1DAR3**
4•
the receipt and sufficiency of which is hereby acknowledged, has
granted, bargained, sold and conveyed, and by these
presents does grant, bargain, sell, convey and confirm unto the Grantee(s), his heirs and assigns forever, all the
real property, together with improvements, if any, situate, lying end being in the County of 3
I. PITKIN and State of Colorado, described as follows: g�y
'9• LOT 1, TAGERT LOT SPLIT, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 23, 1989 IN PLAT
BOOK 22 AT PAGE 30 AND FIRST AMENDED PLAT RECORDED MARCH 5, 1992 IN PLAT BOOK 28 AT
PAGE 72.
1 COUNTY OF PITKIN, STATE OP COLORADO.
1
also known as street number 930 WEST SMUGGLER AVENUE ASPEN CO 81611 '
TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining
and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right
title interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained i
premises, with the hereditaments and appurtenances;
1 TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s), Li-
his heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant,
bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the ensealing and delivery
of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible
estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain,
sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other
y grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever,
aubjeot to g 1 taxes for the year 2006 and those specific Exceptions described by reference to recorded doouments am
reflected in the Title Document. aeeept.d by Orant..(.) in accordance with Section Ba (Title Review) of the Contract to .
j Buy and Sell Real Cat.te relating to the above described property; distribution utility eas.ments (including cable TV);
those specifically described right. of third parties not shows by the public records of which Orantee(s) has actual
1 knowledge and which were accepted by grantee(s) is accordance with Section Bb (Matter.not Shown by the Public Records) and
3 Section Be (Survey Review) of the Contract to Buy and Sell Real Estate relating to the above described real property;
inclusion of the Property within any special tax district; and, the benefit and burden.of any declaration and party wall
agreements. if any and other 1
The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable
• possession of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole
or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender ;1
shall be applicable to all genders.
• IN WITNESS WHEREOF the Grantor(s) has executed this the date set forth above.
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522982 LEAK,TOE akdt+� /VI
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TRANSFER DECLARATION RECEIVED 04/14/2006 .C..:Jc —
By 1^`
H wAMUER ✓ c j,
STATE OF /I—L//VenS ) U
)ss. OFFICIAL SEAL.
County of Cmm/G i KATHLEEN TUCKER
NOTARY RMC-STATE OF trios
I fCOMNONIMIIII4IM
.
1
i. The foregoing instrument was acknowledged before me on this day of April 14, 1006
by LEAH mor z&LL WANOCR MiD RALPH HANDER
My commission expires of �J �_�
ITWitness ms
hand end official seal. v
r}:::11.11 "OYZelf
Notary Public ,.
Name and Address of Person Creating Newly Created Legal Description ( 38-35-106.5, C.R.S.)
Escrow#0387830 When Recorded Return to:NEWMAN FAMILY SPLIT PURCHASE TRUST
Titled Q387830
930 WEST SMUGGLER AVENUE ASPEN, CO 81611
'f�p (3156447)
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liii 1 1111 I ill III 11111 1111111 0 g 4 200of 1
6 11:19
JAhICE K VOS COUCILL PITKIN COUNTY CO R 6.00 D 457.28
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