HomeMy WebLinkAboutpitkin.planning.290932400004 (2019)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: 2909-32-4-00-004 Application Date: 7/29/19 Case No: P062-1
Description: Sardy Family Holdings LLC TDR Certification for parcels in the Rural/Remote Planner: Tami Kochen
Zone District # Copies: 1
Allocated Hours: 6
Project Address: 0 EXPRESS CREEK RD, ASPEN, CO 81611 % Over Hours: 7.2
Property Owner: SARDY FAMILY HOLDINGS Address: 39030 CLAY PRODUCTS Owner Phone:
LLC ANCHORAGE AK 99517
Owner's REP: SARAH OATES
Address: 533 E HOPKINS AVE, 3RD FLO( REP's Phone: (970) 920-1700
ASPEN, CO 81611
REP's Email: smo@okglaw.com
Referrals:
Other Referrals:
Comments Due Date:
Meetings: 1st Meeting:
2nd Meeting: 3rd Meeting:
Meeting Date:
Review Body: admin
Public Hearing? no
Notice Date:
Meeting Notes:
Approvals:
BOCC Resolution #:
P&Z Determination #:
BOCC Ordinance #:
HO Determination #:
Admin Determination #:
Other Information:
VR Approval Date: Plat Recorded Date:
VR Expires Date: Plat (Bk, PG): n/a
Remarks: Covenant #305-19-BOCC #660004
TDR Cert #IR -04 -19 -SW
No Vesting
Application Type: TDR Review
DECISIONS
RESTRICTIVE COVENANT
CONTRACT
# 305. lq- 0?e,
THIS RESTRICTIVE COVENANT ("Covenant") is made and entered this M— day
of OGGU w 20 0, by Sardy Family Holdings LLC ("Grantor") for the benefit of the
Pitkin County Board of County Commissioners.
WITNESSETH
% f
4 _
WHEREAS, Pitkin County, Colorado, a political subdivision of the State of Colorado
("Grantee"), has established a transferable development right ("TDR") system, Title 8 2006
Pitkin County Land Use Code, as may be amended from time to time (the "Land.Use Code");
WHEREAS, Grantor is the fee simple owner of that certain real Property in Pitkin
County, Colorado that is more particularly described as the Hedge Lode, USMS No. 6800, also
known as the Hedge Lode Mining Claim, Mineral Survey No. 6800, Columbia Mining District,
Pitkin County, Colorado (the "Property");
WHEREAS, contemporaneously with the execution of this Restrictive Covenant,
Grantee is executing and delivering to Grantor one (1) irrevocable TDR certificate(s) bearing
Certificate No. 1JZ_ 14 -1 'q - 5
WHEREAS, the Grantor has represented that no development or improvements currently
exist on the Property; and
WHEREAS, in exchange for the issuance of said certificate by Grantee and consistent
with the intent and stated purposes of the TDR system, Grantor is prepared to restrict and
covenant the Property against any future development, as that term is currently defined in the
Land Use Code, in perpetuity.
NOW, THEREFORE, for and in consideration of the issuance to Grantor of Certificate
No. IP --DLI- 1q 5W , and in consideration of the covenants, terms,
conditions, and restrictions hereinafter set forth and for other good and valuable consideration,
the receipt and sufficiency are hereby acknowledged, Grantor does hereby grant and convey to
Grantee, forever and in perpetuity, an interest in the Property as set forth herein, for and in
consideration of the recitals and mutual covenants, terms, conditions and restrictions contained
herein:
1. Restrictive Covenant pertaining to the Property. Grantor hereby restricts the
Property in perpetuity against any and all future development, as defined in the Land Use Code,
commencing on the date of this Restrictive Covenant. Such restrictions shall include, but are not
limited to, the future development of any single family or other residential, commercial or
industrial structures, as well as the future development of any recreational uses, as well as any
change in the current existing use of the unimproved Property. Grantor acknowledges that any
I !1I I II I I I Il III I I I!I li III I I ll111 1 1 1 1 1 1II I I I I Ill I I I II 11111 Il III Illllll() Il l I
RECEPTIONM 660004, R: $0.00, D: $0.00
DOC CODE: RESTRICTION
P9 1 of 4,10/29/2019 at 10:04:27 AM
Janice K. Vos Caudill, Pitkin County, CO
future development right in the Property has been severed from the Property by operation of this
Restrictive Covenant.
2. Covenant running with the land: binding effect. The provisions of this
Restrictive Covenant shall constitute a covenant that runs with the title to the Property for the
benefit of the Grantee, its successors and assigns and shall be deemed an appurtenance to the title
to such land. Grantor and its successors, heirs, assigns and transferees acknowledge that the
TDR certificate(s) issued in consideration for this Restrictive Covenant is/are severed from the
Property and that any sale, lease or other transfer of title to the Property shall not constitute a
transfer of the TDR certificate(s) and any rights therein.
3. Permitted uses and activities. As owners of the Property, the Grantor retains the
right to perform any act consistent with the Land Use Code to the extent such act is not
prohibited or limited by the requirements of this Restrictive Covenant. These ownership rights
include, but are not limited to, the right to exclude any member of the public trespassing on the
Property and the right to sell, lease, or otherwise transfer the Property to anyone Grantor
chooses. Nothing herein shall be construed to be an approval by Grantee under the Land Use
Code for any purpose.
4. Enforcement and monitoring. This Restrictive Covenant and its terms and
representations shall be fully enforceable by Grantee, its successors, assigns and agents in any
action at law or equity or both, to secure compliance, including but not limited to, seeking
injunctive relief and/or specific performance requiring the Grantor, its successors or assigns to
cease and desist all activity in violation of the terms of this Restrictive Covenant and to return
the Property to its condition prior to any violation. Violation of any of the terms or
representations of this Restrictive Covenant may also result in the administrative cancellation of
the TDR certificate(s) by the Grantee. Moreover, Grantee and its successors, assigns and agents
shall be permitted access to, and to enter upon, the Property at reasonable times solely for the
purpose of monitoring, inspection, and if necessary, remediation in order to enforce and assure
compliance with the terms and conditions of this Restrictive Covenant.
5. Costs and liabilities. Grantor retains all responsibilities and shall bear all costs
and liabilities of any kind related to ownership, operation, upkeep, taxes and maintenance of the
Property, including but not limited to, costs associated with compliance with this Restrictive
Covenant. Grantee's acceptance of this Restrictive Covenant shall in no way be construed as an
assumption of any duties or liabilities associated with the Property and Grantor acknowledges
that by this Restrictive Covenant, Grantor continues to retain responsibility for any and all duties
and liabilities associated with the Property.
6. Subordination. At the time of the conveyance of this Restrictive Covenant, the
Grantor represents that the Property is not subject to any mortgage, deed of trust, or judgment
lien, or any other instrument that might result in a foreclosure action that could affect the
viability of this Restrictive Covenant and/or that Grantor has caused any such interest to be
subordinate to this Restrictive Covenant.
7. Incorporation of the Land Use Code. The Land Use Code, as may be amended
from time to time, and any terms or definitions contained therein, are hereby incorporated by this
reference in their entirety.
S. Prohibition against future TDR. Unless otherwise provided by the Land Use
Code and agreed upon by Grantee, Grantor shall not be entitled to any future, additional TDR
arising from ownership of the Property following the execution of this Restrictive Covenant.
9. Modification. The terms of this Restrictive Covenant can only be modified by an
amended covenant executed by both Grantor and Grantee and recorded in the records of the
Clerk and Recorder for Pitkin County, Colorado.
10. Venue and jurisdiction. Grantor and Grantee consent to venue and jurisdiction
in the District Court for Pitkin County, Colorado for all matters concerning the interpretation and
enforcement of this Restrictive Covenant.
11. Attorney fees and costs. In the event of any action or suit between the parties
hereto or their successors and assigns to enforce any of the agreements, covenants or restrictions
contained herein, the prevailing party in any such action or suit, whether by final judgment or out
of court settlement, shall recover from the other party all costs and expenses of such action or
suit including reasonable attorney fees.
IN WITNESS WHEREOF, Grantor has executed this Restrictive Covenant as of the
date and year first written above.
Grantor
Sardy Family Holdings, LLC
By: T.J. ardy, Manager
State ofd )
AM&sk,- V- ) ss.
County of Pitkin V'-)
Ar'L�- 011
The foregoing Restrictive Covenant was acknowledged before me this day of
')Ui 20.) 9 by T.J. Sardy, Manager.
Witness my hand and official seal
My commission expires on:
N u61ic
ACCEPTED BY the Community Development Director this ( `if h`"day ofOCkv,46/ 0 %,
pursuant to Board of County Commissioners Ordinance No. 032-2017.
By: Ozanne Wolff, Assistant Director
.ttorney
APPLICATION
MATERIAL
LAW OFFICES OF
OATES, KNEZEVICH, GARDENSWARTZ, KELLY & MORROW, P.C.
PROFESSIONAL CORPORATION
THIRD FLOOR, ASPEN PLAZA BUILDING
533 E. HOPKINS AVENUE
ASPEN, COLORADO, 81611
www.OKGKM.NET
LEONARD M. OATES TELEPHONE (970) 920-1700
RICHARD A KNEZEVICH FACSIMILE (970) 920-1121
TED D. GARDENSWARTZ DIRECT (970) 544-1853
DAVID B. KELLY
MARIA MORROW
OF COUNSEL: smo@okglaw.com
STEPHEN R. CONNOR
ANNE MARIE McPHEE
SARAH M. OATES
STEPHANIE HOLDER
July 29, 2019
VIA HAND DELIVERY
Suzanne Wolff, Assistant Director
Pitkin County Community Development Department
530 E. Main Street, Suite 205
Aspen, CO 81611
Re: Application for Creation of Transferable Development Right — Hedge Lode, Mineral
Patent No. 6800 (PIN: 2909-324-00004)
Dear Suzanne,
Our office represents Sardy Family Holdings, LLC, owner of the Hedge Lode, U.S.M.S. No.
6800, as known as the Hedge Lode Mining Claim, Mineral Survey No. 6800, Columbia Mining District
("Hedge Lode" or "Property"), which is an undeveloped mining patent located along Express Creek
Road. Sardy Family Holdings, LLC is requesting that the Hedge Lode be approved as a Transferable
Development Right ("TDR") sending site and that one (1) TDR be created pursuant to the Pitkin County
Code. In exchange for the creation of the TDR, Sardy Family Holdings, LLC agrees to enter into a
Restrictive Covenant, thereby restricting any development on the Hedge Lode in perpetuity.
Thomas J. Sardy a/k/a T.J. Sardy, Sardy Family Holding, LLC's predecessor -in -interest,
acquired an undivided'/4 interest in the Hedge Lode in 1962. Mr. Sardy died in 1993, and his interest in
the Hedge Lode was transferred into the Tom Sardy Family Trust ("Trust"). The Trust obtained
ownership of the other 3/4 interest in the Hedge Lode from the other interest holders — Kalmen R. Sapero,
John Betus and Michael James Lavelle — in December 1993. These conveyances gave the Trust 100%
fee simple ownership in the Hedge Lode. The Trust conveyed the Property to Sardy Family Holdings,
LLC in 2011.
The Hedge Lode contains no improvements. Although Express Creek Road runs through the
Hedge Lode, due to two avalanche shoots on the Property, it would be extremely difficult to develop any
improvements on the Property. The Hedge Lode is 10.33 acres in size, was legally created as a mining
patent in 1892, and is not contiguous to any other private properties. Therefore, I have provided no
information with respect to non -merger, as the Property has been surrounded by federally owned lands
OATES, KNEZEVICH, GARDENSWARTZ & KELLY P.C.
Sardy Family Holdings, LLC — Hedge Lode TDR Certificate
July 29, 2019
Page 2
since its inception. I have provided the chain of title to confirm the ownership information described in
the previous paragraph.
I have also included a Restrictive Covenant and Irrevocable Certificate of Transferable
Development Right signed by the Applicant with this Application.
Please let me know if you have questions or need additional information.
Enclosures
Sincerely,
OATES, KNEZEVICH, GARDENSWARTz, KELLY &
MORROW, P.C.
By a� c oata '
Sarah M. Oates
• Exhibit A
— Certified Land Survey Plat
• Exhibit B
— BLM Patent Information and Mineral Survey No. 6800
• Exhibit C
— Pitkin County GIS Map of Hedge Lode (showing no adjacent private
property)
• Exhibit D
— Proof of Ownership & Chain of Title
• Exhibit E
— Irrevocable TDR Certificate and Restrictive Covenant signed by Applicant
• Exhibit F —
Pre -Application Conference Summary, Fee Agreement, Statement of
Authority & Authorization Letter from Applicant
EXHIBIT A
Land Survey Plat
I"=50'
U.S. SURVEY FOOT
o�
dAD,3
BEARING
ROCK
COR NO. 4 MS 6800
CHISELED ROCK
cl
0
0
0
COR NO. 3 MS 6800
CHISELED ROCK
NOT FOUND
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL
ACTON BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS
AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN
YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. THE
CERTIFICATION IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE
SURVEYOR.
LEGEND AND NOTES
0 SURVEY MONUMENT AS DESCRIBED
A SURVEY CONTROL
THIS PROPERTY IS ZONED RURAL REMOTE (RR)
SETBACKS (TO BE VERIFIED BY LAND USE PROFESSIONAL):
FRONT YARD: 50'
SIDE YARD: 30'
REAR YARD: 50'
FROM CREEK: 100'
RECORD DEED AND PLAT FOR THIS PROPERTY CONTAIN MULTIPLE ERRORS AND INCONSISTENCIES
CORNER NO. 4 OF MS 6800 AS SHOWN HEREON WAS FOUND BUT NOT SURVEYED
SEE SURVEY DEPOSITED IN BOOK S 002 PAGE 88 FOR MORE INFORMATION
OF
THE HEDGE LODE,
UNITED STATES MINERAL SURVEY 6800
LOCATED IN:
SECTION 5, TOWNSHIP 12 SOUTH, RANGE 84 WEST
OF THE 6th PRINCIPAL MERIDIAN,
COUNTY OF PITKIN,
STATE OF COLORADO.
CONTAINING: 10.331 ACRES /-
N 88056'00"E 1500.00'
S 88156'00"W 1500.00'
USLM "ASHCROFT"
CHISELED BOULDER
RECORD TIE FROM PLAT IN ERROR \
E. 1/4 CORNER S30, TIIS, R84W
N
O O s
T
\� 0)
a o m
m � y
\ O A, N
\ C�
� O
s a
s
\s
\
OLD ROAD CUT
I
\ EXPRESS CREEK ROAD
I 100' STREAM SETBACK
o
0
0
I m
I w
0
0
I o
0
I
I
IEXPRESS CREEK
CERTIFICATION-,
I, JOHN HOWORTH, HEREBY CERTIFY THAT THIS PLAT WAS PREPARED FROM
FIELD NOTES OF A SURVEY PERFORMED UNDER MY SUPERVISION DURING
SEPTEMBER OF 2018. THIS SURVEY VOID UNLESS WET STAMPED.
SIGNED ppTH I SS 29 DAY OF JULY, 20 1 9.
QO�/7/YL Y&W-O�LL/'L
JO N HOWORTH P.L.S. 25947
#5 REBAR
#5 REBAR WITH 1.5"
ALUMINUM CAP 20632
PREPARED B Y
ASPEN SURVEY ENGINEERS,
210 SOUTH GALENA STREET
ASPEN, COLORADO 81611
PHONE/FAX (970) 925-3816
WWW.ASPENSURVEYENGINFERS.COM
DATE
07/19
JOB
48236
11112 C;
EXHIBIT B
BLM Patent Information and U.S.M.S. Survey No. 6800
https:Hglorecords .blm.gov/details/patent/default_pf.aspx?acces sio ...
Land Patent Details
Accession Nr: COCOAA 012404 Document Type: Serial Patent State: Colorado Issue Date: 4/9/1892 Cancelled: No
Names On Document
® BOUGHTON, D L,
® LYON, J P
II Military Rank: I --- I
Document Numbers
Document Nr: 20432
Misc. Doc. Nr: ---
BLM Serial Nr: COCOAA 012404
Indian Allot. Nr: ---
Miscellaneous Information
Land Office:
Assigned For Automation
US Reservations:
Yes
Mineral Reservations:
No
Tribe:
--
Militia:
---
State In Favor Of:
--
Authority:
July 26, 1866: Mineral Patent -Lode (14 Stat. 251)
Survey Information
Total Acres: 10.33
Survey Date: --
Geographic Name: Hedge
Metes/Bounds: No
Land Descriptions
State
Meridian
Twp - Rng
Aliquots
Section
Survey #
County
CO
6th PM
0115 - 084W
1 32
jPitkin
1 of 1 10/17/18,2:03 PM
EXHIBIT C
Pitkin County GIS Map
EXHIBIT D
Proof of Ownership and Chain of Title
RECEPTION#: 578352, 03/14/2011 at 04:01:46 PM, 1 OF 4, R $26.00
DF $0.00 Janice K. Vos Caudill, Pitkin County, CO
QUIT CLAIM DEED
THIS QUIT CLAIM DEED is made by Thomas Jay Sardy a/k/a T.J. Sardy and Sylvia Sardy
Hellums a/k/a Sylvia Ann Hellums, as Co -Trustees of the Tom Sardy Family Trust, also known as
The Sardy Family Trust, Grantors, whose address is c/o 36711 Highway 82, P.O. Box 1065, Aspen,
Colorado 81612 to Sardy Family Holdings, LLC, a Colorado limited liability company, Grantee,
whose address is c/o Sylvia Sardy Hellums, 4946 Woodland Forrest Drive, Tuscaloosa, AL 35405.
WHEREAS, the Tom Sardy Family Trust, also known as The Sardy Family Trust, was
created pursuant to the Last Will and Testament of Thomas J. Sardy dated November 15, 1985,
which Will was duly admitted to informal probate on October 26, 1990, by the District Court in and
for the County of Pitkin, State of Colorado, Probate No. 90 PR 33. Alice Rachel Sardy, who also
was a Co -Trustee of said Trust, died on March 13, 2010, Sylvia Sardy Hellums a/k/a Sylvia Ann
Hellums and Thomas Jay Sardy a/k/a T.J. Sardy are the Personal Co -Representatives of the Estate
of Alice Rachel Sardy; theywere also Personal Co -Representatives ofthe Estate of Thomas J. Sardy;
and
WHEREAS, Grantors are the duly appointed Co -Trustees of said Trust, and are now
qualified and acting in said capacity;
NOW, THEREFORE, pursuant to the terms of the Tom Sardy Family Trust, also known as
The Sardy Family Trust, for the consideration of Ten and No/100 Dollars ($10.00) and other
valuable consideration, Grantor hereby quit claims, sells and conveys to Grantee all the interest of
the Tom Sardy Family Trust, also known as The Sardy Family Trust, in the following:
All mining claims in which the Tom Sardy Family Trust, also known
as The Sardy Family Trust, has any right, title or interest, including
but not limited to those set forth on Exhibit "A" attached hereto and
made a part hereof
with all appurtenances.
Wherever used herein, the singular shall include the plural.
R'CEPTION#: 578352, 03/14/2011 at 04:01:46 PM, 3 OF 4,
Janice K. Vos Caudill, Pitkin County, CO
ACKNOWLEDGMENT PAGE TO
QUIT CLAIM DEED
STATE OF ALASKA )
J��QI.0 l T,-:)LS4n C4) ss.
-E916R4TY-017 r )
The foregoing Quit Claim Deed was acknowledged before me this ----R Kday of March, 2011
by Thomas Jay Sardy a/k/a T.J. Sardy as Co -Trustee of the Tom Sardy Family Trust, also known as
The Sardy Family Trust. ,\� ��\\llnllIIiulf j
WITNESS my hand and official seal.
My commission expires: i - Z. co ^ Z c> 12
Notary Public
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
-J G N�p`6
\
0�
The foregoing Quit Claim Deed was acknowledged before me this day of March, 2011
by Sylvia Sardy Hellums a/k/a Sylvia Ann Hellums, as Co -Trustee of the Tom Sardy Family Trust,
also known as The Sardy Family Trust.
WITNESS my hand and official seal.
My commission expires: Q, ► 5� 2v t
Notary Public
NINA W. i
TRUE i
P�
0r c o\- �
RECEPTION#: 578352, 03/14/2011 at 04:01:46 PM, 4 OF 4,
Janice K. Vos Caudill, Pitkin County, CO
EXHIBIT "A"
QUIT CLAIM DEED
Any and all mining claims in which the Tom Sardy Family Trust also known as The Sardy
Family Trust has any right, title or interest, including but not limited to those mining claims
referenced in and conveyed pursuant to that Personal Representative's Deed (Testate Estate)
recorded in the Pitkin County real property records on July 1, 1993 in Book 716 at Page 804 as
Reception No. 358448, including the attachments to such Deed (ie. Pitkin County Assessor Schedule
20-6139; Pitkin County Assessor Schedule 11-5917; Deed made the 18th day of September, 1962 by
G.E. Buchanan recorded in Book 199, Page 248, Pitkin County real property records). The Deed
from G.E. Buchanan made the 181h day of September, 1962 was recorded in Book 199, Page 248,
Pitkin County records and references an undivided one half interest in the following:
- The Amazon U.S.M.S. No. 7649;*
- The Anderson U.S.M.S. No. 7649;*
- The Mascot U.S.M.S. 7649;*
- The Bunker Hill U.S.M.S. No. 7649*, 41.32 acres;
- The Handy Andy U.S.M.S. No. 3248;
- The Persee U.S.M.S. No. 7252;
- The Grand Prize U.S.M.S. No. 7251;
- The John W.B. Lode U.S.M.S.;
- SP Butte 41.32 acres; and
The Personal Representative's Deed (Testate Estate) recorded as Reception No. 358448
transposed the U.S.M.S. No. as "7694" when it should have been recited as 7649 as set forth in such
deed recorded in Book 199 at Page 248.
The Hedge U.S.M.S. No. 6800 also known as the Hedge Lode Mining Claim,
Mineral Survey No. 6800, Columbia Mining District.
The mining claims referenced in and established pursuant to that Order of the District Court,
Pitkin County, State of Colorado (Case No. 98 CV 42) recorded in the Pitkin County real estate
records on July 14, 1999 as Reception No. 433368, ordering that The Sardy Family Trust is the sole
owner of the Bunker Hill Lode Mining Claim, U.S. Mineral SurveyNo. 7649 and the Anderson Lode
Mining Claim, U.S. Mineral Survey No. 7649. The Order also declares that Ajax Properties, Inc.
is the sole owner of the Amazon Lode Mining Claim, U.S. Mineral Survey No. 7649 and the Mascot
Lode Mining Claim, U.S. Mineral Survey No. 7649.
C:%wp\PJnMSardy.Quit Claim Deed.rev.3. t.I I.wpd
Recorded at o'clock .M.
Reception No. Recorder
o " BARGAIN AND SALE DEED
V) Kalmen R. Sapero, for TEN DOLLARS ($10.00) and other good
U
Lo and valuable consideration, in hand paid, hereby sells and conveys
X to the Tom Sardy Family Trust, whose address is c/o 36711 Highway
82, P.O. Box 1065, Aspen, Colorado 81612, the following real
property in the County of Pitkin, State of Colorado; to wit:
Hedge Lode Mining Claim, Mineral Survey No.
�4IX 6800, Columbia Mining District, Pitkin County,.
LL A Colorado,
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with all its appurtenances.
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SIGNED this /3day of Jj�G���3�� , 1993 .
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o K lmen R. Sapero �—
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The foregoing B rgain and Sale Deed was acknowledged
V( before me this / day o , 199,,E by Kalmen R. Sapero.
WITNESS my hand and official seal. '";ter
M to My commission expires:
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day of Deed was acknowledged
*►►►a�. , 199 3 by John W.
.*"i�yt►AY�ys,"«" WI'NESS Betus.
*, my hand and official seal.
4y commission expires;
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CHENYL q, pJG>T@ Notary public
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Recorded at
O'clock
Reception No. `"
Recorder
BARGAIN SALE DEED
John w. Betus, for TEN DOLLARS
and valuable consideration, in hand ($10.00
to the Tom Sard paid, hereb ) and other good
82, P•O• Box 106Sami Trust, whose address y sells and conveys
he
Property in the Count sof ' Colorado 81612 is coo 36711 Highway
Y Pitkin, state of Colorado•o11QWing real
Hedge Lode Mining' to wit:
6800, Columbia Claim, Mineral Survey
No
Colorado, Mining District, Pitkin Conty,
with all its appurtenances.
SIGNED this ,;?2 day of
jwzal�6(
rn W. LBetus-j
STATE OF FLORIDA )
COUNTY OF ) ss.
P\re\erdyhdg3.bsd
Recorded at o'clock .M.
Reception No. Recorder
r--
BARGAIN AND SALE DEED
0
a
Michael James Lavelle, for TEN DOLLARS ($10.00) and other
good and valuable consideration, in hand paid, hereby sells and
W conveys to the Tom Sardy Family Trust, whose address is c/o 36711
(Y Highway 82, P.O. Box 1065, Aspen, Colorado 81612, the following
real property in the County of Pitkin, State of Colorado; to wit:
Hedge Lode Mining. Claim, Mineral Survey No.
6800, Columbia Mining District, Pitkin County,
rJ �
Colorado,
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LL o 0 with all its appurtenances.
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SIGNED this �4 day of Qec ;-, e,- , 199-S.
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P =v STA OF CALIFORNIA )
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r Th foregoing Bargain and Sale Deed was acknowledged
r- CL before me this day of , 199— by Michael James
Lavelle.
i
a WITNESS my han and official seal.
N My commission expir
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WHEREAS, Grantors were duly appointed Personal Co -
Representatives of said Estate on November 19, 1990, and are now
qualified and acting in said capacity;
NOW, THEREFORE, pursuant to the power conferred upon
Grantors by Article 12, Section 711 of the Colorado Probate Code,
and for the consideration of Ten and No/100 Dollars ($10.00) and
other valuable consideration, Grantors sell and convey to Grantee
all the interest of Thomas J. Sardy a/k/a T.J. Sardy in the
following:
All mining claims set forth on Exhibit "A"
attached hereto and made a part hereof.
with all appurtenances.
Wherever used herein, the singular shall include the
plural.
Executed this 51
day of HAV 1993.
A ice Rachel Sardy as
Personal Co -Representative of the
t of The as J. S deceased
Thomas Jay Sa dy s
Personal Co -R pr sentative f the '
tate of omas J. S rd , deceased
1 ann'He
/a Syl a dy lums
Personal Co -Representative of the
Estate of Thomas J. Sardy, deceased
w,�,�
".' ..
#358448 07/01/93 ie::47 Rec #30.00 SK 716 PG 804
Silvia Davis, Pitkin Cnty Clerk, Doc x.00
2
PERSONAL REPRESENTATIVEIS DEED
(TESTATE ESTATE)
THIS DEED is made by Alice Rachel Sardy, Thomas Jay
Sandy, and Sylvia Ann Hellums a/k/a Sylvia Sardy Hellums, as
Personal Co -Representatives of the Estate of Thomas J. Sardy,
deceased, Grantors, to the Tom Sardy Family Trust, Grantee, whose
LL +
address is c/o 36711 Highway 82, P.O. Box 1065, Aspen, Colorado
i
81612.
i
WHEREAS, the above-named decedent (a/k/a "T.J. Sardy") in
his Lifetime made and executed his Last Will and Testament dated
November 15, 1985, which Will was duly admitted to informal probate
on October 26, 1990, by the District Court in and for the County of
Pitkin, State of Colorado, Probate No. 90 PR 33; and
WHEREAS, Grantors were duly appointed Personal Co -
Representatives of said Estate on November 19, 1990, and are now
qualified and acting in said capacity;
NOW, THEREFORE, pursuant to the power conferred upon
Grantors by Article 12, Section 711 of the Colorado Probate Code,
and for the consideration of Ten and No/100 Dollars ($10.00) and
other valuable consideration, Grantors sell and convey to Grantee
all the interest of Thomas J. Sardy a/k/a T.J. Sardy in the
following:
All mining claims set forth on Exhibit "A"
attached hereto and made a part hereof.
with all appurtenances.
Wherever used herein, the singular shall include the
plural.
Executed this 51
day of HAV 1993.
A ice Rachel Sardy as
Personal Co -Representative of the
t of The as J. S deceased
Thomas Jay Sa dy s
Personal Co -R pr sentative f the '
tate of omas J. S rd , deceased
1 ann'He
/a Syl a dy lums
Personal Co -Representative of the
Estate of Thomas J. Sardy, deceased
s�
~35aaae 07/01/93 ;.6:47 Rec $30.06 BK 716 PG s03
F Silvia Davis, �'itkin Cnty Clerk, DOC $.00
ii e a
r x ACKNOWLEDGMENT PAGE TO w
PERSONAL REPRESENTATIVE'S DEED
(TESTATE ESTATE)j'` i s
l
STATE OF COLORADO )
r
U
COUNTY OF PITKIN ) �t
The foregoing Per.Qnal Representative's Deed was arae
N, acknowledged before me this day of May, 1993, by Alice Rachel
� Sandy.
-z WITNESS my hand and ofYi'c+i^'a�l sea_.
My commission expires:'
Not yArblic
STATE OF < r^ C..Co���4`
COLORADO )
)ss.
COUNTY OF PITKIN
The foregoing Versopal Representative's Deed was <
acknowledged before me this day of May, 1993, by Thomas 'lay Y 3
Sardy.
>� WITNESS my hand and official seal,
7 �f My commission expires: % ;V
x
4
No Public •-at r �-
x STATE OF ALABAMA ) z'
COUNTY OF )ss.
f The foregoing Pero 1 'Representative's need was €
s '!' acknowledged before me this ZXY of May, 1993, by Sylvia Ann tl.
zz Hellums a/k/a Sylvia Sardy Hellums. ,
v WITNESS my hand and official seal. FA
JJ My commission expires:
' Notary Public
pp < 4 -g- .
o. 6800.
Those mining claims conveyed to T.J. Sardy by and
pursuant to that Deed made the 18th day of September,
1962, recorded in Book 199 at Page 247, Pitkin County
records, a copy of which is attached, including an
undivided two-thirds interest in and to the mining claim
described as Henshall, U.S.M.S. 6955, as described in
said Deed.
p\pr\sardy.prd
#358448 07/01/93 16:47 Rec $30.00 BY 716 PG 806
k
Silvia Davis, Pitkin Cnty Clerk, Doc #.00
EXHIBIT "A°
`
PERSONAL REPRESENTATIVE'S DEED
(TESTATE ESTATE)
Any and all mining claims in which Thomas J. Sardy had any right,
title or interest at the time of his death on October 19, 1990,
including, but not limited to, the following:
All mining claims referenced in County of Pitkin
F
Assessor's Schedule No. 20-6139, a copy of which is
attached hereto.
All mining claims referenced in County of Pitkin
Assessor's Schedule No. 11-5917, a copy of which is
attached hereto.
((
Those mining claims conveyed to T.J. Sardy by that Deed
made the 18th day of September 1962, by G.E. Buchanan,
r<=i
recorded in Book 199, Page 248, Pitkin County records, a
copy of which is attached, including an undivided one-
half interest in the following:
- The Amazon U.S.M.S. No. 7694;
- The Anderson U.S.M.S. No. 7694;
The Mascot U.S.M.S. 7694;
- The Bunker Hill U.S.M.S. No. 7694, 41.32 acres;
- The Handy Andy U.S.M.S. No. 3248;
`
- The Persee U.S.M.S. No. 7252;
The Grand Prize U.S.M.S. No. 7251;
The John W.B..Lode U.S.M:S.;
- SP Butte 41.32 acres; and
1`aI
An undivided one-fourth interest in the Hedge U.S.M.S.
N
o. 6800.
Those mining claims conveyed to T.J. Sardy by and
pursuant to that Deed made the 18th day of September,
1962, recorded in Book 199 at Page 247, Pitkin County
records, a copy of which is attached, including an
undivided two-thirds interest in and to the mining claim
described as Henshall, U.S.M.S. 6955, as described in
said Deed.
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8 :'10 A. :...Se ... -19 1962 BOQK 1 �-
Recordedat............0--......o clock........._..M., �....:......a:......................... ..........
p ..............ggx: •:..CQble.---•-•...._.......
Reception No...11.407 2 Pe E Recorder.,
T)HIS DEED, Made this day of
:4c_ .z
in the year of our Lord one thousand nine hundred and
-Sixty-two
between
G. E. BUCHANAN
of the County of Pitkin
and State of Colorado, of the first part, and T. J. SARDY
of the County of Pitkin
and State of Colorado, of the second part,
WITNESSETH, That the said part y of the first part, for and in consideration of the sum of
One Dollar and other valuable considerations AX)hW$
to the said part y of the first part in hand paid by the said part y of the second part, the receipt whereof
is hereby confessed and acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by
these presents does remise, release, sell, convey and QUIT CLAIM unto the said partly of the second part,
his heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said
part y of the first part ha s in and to the following described property
situate, lying and being in the County of Pitkin and State of
Colorado, to -wit;
An undivided one-half interest in and to the following described mining claims,
and interests therein:
The Amazon U.S.M.S. No. 7694
The Anderson U.S.M.S. No. 7694
The Mascot U.S.M.S. No. 7694
The Bunker Hill U.S.M.S. No. 7694
An undivided one-fouith interest in the Hedge U.S.M.S. No. 6800 (there being con-
veyed an undivided one-fourth interest in said claim.)
The Handy Andy U.S.M.S. No. 3248
The Persee U.S.M.S. No. 7252
The Grande Prize U.S.M.S. No. 7251
The John W. B. Lode U.S.M.S, No. 4966
1
1
LL
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto
belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the
said part y of the first part, either in law or equity, to the only proper use, benefit and behoof of the said
part y of the second part, his heirs and assigns forever.
IN WITNESS WHEREOF, The said part y of the first part has hereunto set his hand
and seal the day and year first above written.
......................... .. t..
.. .-i . ,! c ........[SEAL]
Signed, Sealed and Delivered in the Presence of . I
•----•--........-•................................................••-•------------.._....... [SEAL]
...................•----......----.......--------.......---.........._............---_....
..--•...................•--..............-•---•-----•-•-•-----•--•--•--------.._............ [SEAL]
......................................•--.................-------•------..........--•------- [ SEAL]
STATE OF COLORADO, j
County of Pitkin J
The foregoing instrument was acknowledged before me this day of
A. D. 1962 , by'` G. E. Buchanan.
My commission expires Sept. ; 8 , 19 63 • Witness my hand and official seal.
♦TA i • ... . •
>/....o l....e 1.
--------------- - ----------- ----------------------------------------------------------------------
Notary Public.
ions here insert name or names; if by person acting in representative or official capacity or as
of person as executor, attorney -in -Pact or other capacity or description; if by officer of cor-
officer or officers, as the president or other officers of such corporation, naming it. Statutory
Li V/Y/YV WYVWJ /lLGIYY, LJGJO.(,'�,-1pf. I.
No. 933. QUIT CLAIMDEED. =Bradford -Robinson Printing Company, 2824-46 stout Street. Denver, Colorado
ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC
715 WEST MAIN STREET, SUITE 202 ASPEN, COLORADO 8161 1
OWNERSHIP & ENCUMBRANCE REPORT
This report is based on a search made of documents affecting the record title to the property described
hereinafter, searched by legal description and by the names of the grantor or grantee. Consequently, the
information as to record owner is taken from the most recent recorded Vesting Deed, and the information
as to existing encumbrances reflects those documents of record which specifically described the subject
property by legal description or which refer to the owner of the property which are filed by name only and
do not include the legal description of the property. No information is furnished relative to easements,
covenants, conditions and restrictions. This report does include the results of a search under the names of
the property owner(s) in the general index. Liability of Attorneys Title Insurance Agency of Aspen, LLC
under this Ownership and Encumbrance Report is limited to the fee received.
Effective Date: October 22, 2018
Property Address: Hedge Mining Claim — U.S.M.S. 6800
Schedule No: R016151
Parcel No: 290932400004
Taxes: Taxes for the year 2017 have been paid in full in the amount of: $1,397.84. Taxes for
2018 are not yet due or payable.
Legal Description:
The Hedge U.S.M.S. No. 6800 also known as the Hedge Lode Mining Claim, Mineral Survey No. 6800,
Columbia Mining District, Pitkin County, Colorado.
Record Owner: Sardy Family Holdings, LLC, a Colorado limited liability company
The following liens were found affecting the subject property:
This property is currently free and clear.
Attorne y Title Insurance Agency of Aspen, LLC
r
s
By: Wjhter Van Als , uthorized Agent
TELEPHONE (970) 925-7328 A A A FACSIMILE (970) 925-7348
EXHIBIT E
Irrevocable TDR Certificate & Restrictive Covenant
iTKIN
COVNT�
COMMUNITY DEVELOPMENT
Certificate No.
Date Issued
IRREVOCABLE CERTIFICATE OF TRANSFERABLE
DEVELOPMENT RIGHT ("TDR")
1. Description of Preservation Site: Hedge Lode, USMS No. 6800, also known as
the Hedge Lode Mining Claim, Mineral Survey No. 6800, Columbia Mining District, Pitkin
County, Colorado.
2. Pursuant to the provisions of the Pitkin County Land Use Code ("Code"), this
certifies that a Transferable Development Right ("TDR") has been severed from the Preservation
Site described in Exhibit A. This Certificate No. evidences and represents one
TDR and the TDR represented hereby may be transferred to and used at a Receiver Site as
permitted and in accordance with the Pitkin County Land Use Code.
3. Possession of the original of this Certificate, properly endorsed, will constitute
the ownership by the holder of the TDR herein described.
4. This Certificate may be transferred at any time and from time to time by
endorsement and delivery.
5. This Certificate is perpetual and irrevocable, and Pitkin County, Colorado, will
honor the same.
Signature of Owner of the Real Property
at the time of the issuance of this Certificate
Sardy Family Holdings, LLC
T.J.
STATE OFiG Sk-01- )
ss.
COUNTY OFA(- )
Signature of Authorized Official
of Pitkin County, Colorado
Title:
The foregoing instrument was acknowledged before me this /6 day of
• SCE �q 24L, by T.J. Sardy as Manager of Sardy Family Holdings, LLC. o r,
• % Witness my hand and official seal.
NOTAfiI-•�•. �'My commission expires: TA'�3
r y r
:`N�
) T Com'
OF,
e
+++ on Exp11e
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2Q_, by
Witness my hand and official seal.
My commission expires:
Notary Public
RESTRICTIVE COVENANT
THIS RESTRICTIVE COVENANT ("Covenant") is made and entered this day
of 20_, by Sardy Family Holdings LLC ("Grantor") for the benefit of the
Pitkin County Board of County Commissioners.
WITNESSETH
WHEREAS, Pitkin County, Colorado, a political subdivision of the State of Colorado
("Grantee"), has established a transferable development right ("TDR") system, Title 8 2006
Pitkin County Land Use Code, as may be amended from time to time (the "Land Use Code");
WHEREAS, Grantor is the fee simple owner of that certain real Property in Pitkin
County, Colorado that is more particularly described on Exhibit A attached hereto and made a
part hereof by this reference (the "Property");
WHEREAS, contemporaneously with the execution of this Restrictive Covenant,
Grantee is executing and delivering to Grantor one (1) irrevocable TDR certificate(s) bearing
Certificate No(s). ;
WHEREAS, the Grantor has represented that no development or improvements currently
exist on the Property; and
WHEREAS, in exchange for the issuance of said certificate(s) by Grantee and consistent
with the intent and stated purposes of the TDR system, Grantor is prepared to restrict and
covenant the Property against any future development, as that term is currently defined in the
Land Use Code, in perpetuity.
NOW, THEREFORE, for and in consideration of the issuance to Grantor of Certificate
No(s). , and in consideration of the covenants, terms,
conditions, and restrictions hereinafter set forth and for other good and valuable consideration,
the receipt and sufficiency are hereby acknowledged, Grantor does hereby grant and convey to
Grantee, forever and in perpetuity, an interest in the Property as set forth herein, for and in
consideration of the recitals and mutual covenants, terms, conditions and restrictions contained
herein:
1. Restrictive Covenant pertaining to the Property. Grantor hereby restricts the
roperty in perpetuity against any and all future development, as defined in the Land Use Code,
omrnencing on the date of this Restrictive Covenant. Such restrictions shall include, but are not
mited to, the fixture development of any single family or other residential, commercial or
idustrial structures, as well as the future development of any recreational uses, as well as any
hange in the current existing use of the unimproved Property. Grantor acknowledges that any
future development right in the Property has been severed from the Property by operation of this
Restrictive Covenant.
2_ Covenant running with the land: binding effect. The provisions of this
Restrictive Covenant shall constitute a covenant that runs with the title to the Property for the
benefit of the Grantee, its successors and assigns and shall be deemed an appurtenance to the title
to such land. Grantor and its successors, heirs, assigns and transferees acknowledge that the
TDR certificate(s) issued in consideration for this Restrictive Covenant is/are severed from the
Property and that any sale, lease or other transfer of title to the Property shall not constitute a
transfer of the TDR certificate(s) and any rights therein.
3. Permitted uses and activities. As owners of the Property, the Grantor retains the
right to perform any act consistent with the Land Use Code to the extent such act is not
prob.ibited or limited by the requirements of this Restrictive Covenant. These ownership rights
include, but are not limited to, the right to exclude any member of the public trespassing on the
Property and the right to sell, lease, or otherwise transfer the Property to anyone Grantor
chooses. Nothing herein shall be construed to be an approval by Grantee under the Land Use
Code for any purpose.
4. Enforcement and monitoring. This Restrictive Covenant and its terms and
representations shall be fully enforceable by Grantee, its successors, assigns and agents in any
action at law or equity or both, to secure compliance, including but not limited to, seeking
injunctive relief and/or specific performance requiring the Grantor, its successors or assigns to
cease and desist all activity in violation of the terms of this Restrictive Covenant and to return
the Property to its condition prior to any violation. Violation of any of the terms or
representations of this Restrictive Covenant may also result in the administrative cancellation of
the TDR certificate(s) by the Grantee. Moreover, Grantee and its successors, assigns and agents
shall be permitted access to, and to enter upon, the Property at reasonable times solely for the
purpose of monitoring, inspection, and if necessary, remediation in order to enforce and assure
compliance with the terms and conditions of this Restrictive Covenant.
5. Costs and liabilities. Grantor retains all responsibilities and shall bear all costs
and liabilities of any kind related to ownership, operation, upkeep, taxes and maintenance of the
Property, including but not limited to, costs associated with compliance with this Restrictive
Covenant. Grantee's acceptance of this Restrictive Covenant shall in no way be construed as an
assumption of any duties or liabilities associated with the Property and Grantor acknowledges
that by this Restrictive Covenant, Grantor continues to retain responsibility for any and all duties
and liabilities associated with the Property.
6. Subordination. At the time of the conveyance of this Restrictive Covenant, the
•antor represents that the Property is not subject to any mortgage, deed of trust, or judgment
n, or any other instrument that might result in a foreclosure action that could affect the
viability of this Restrictive Covenant and/or that Grantor has caused any such interest to be
subordinate to this Restrictive Covenant.
7. Incorporation of the Land Use Code. The Land Use Code, as may be amended
from time to time, and any terms or definitions contained therein, are hereby incorporated by this
reference in their entirety.
8. Prohibition against future TDR. Unless otherwise provided by the Land Use
Code and agreed upon by Grantee, Grantor shall not be entitled to any future, additional TDR
arising from ownership of the Property following the execution of this Restrictive Covenant.
9. Modification. The terms of this Restrictive Covenant can only be modified by an
amended covenant executed by both Grantor and Grantee and recorded in the records of the
Clerk and Recorder for Pitkin County, Colorado.
10. Venue and jurisdiction. Grantor and Grantee consent to venue and jurisdiction
in the District Court for Pitkin County, Colorado for all matters concerning the interpretation and
enforcement of this Restrictive Covenant.
11. Attorney fees and costs. In the event of any action or suit between the parties
hereto or their successors and assigns to enforce any of the agreements, covenants or restrictions
contained herein, the prevailing party in any such action or suit, whether by final judgment or out
of court settlement, shall recover from the other party all costs and expenses of such action or
suit including reasonable attorney fees.
IN WITNESS WHEREOF, Grantor has executed this Restrictive Covenant as of the
date and year first written above.
Grantor
Sardy Family Holdings, LLC
7tO't...04
By: T.J. ardy, Manager
State ofd }
.A
} 5S.
County of Pi*in tA, }
A„f,H 01111L II
The foregoing Restrictive Covenant was acknowledged before me this )CIS day of
JU1�_20)9 by T.J. Sardy, Manager.
Witness my hand and official seal
My commission expires on: 3" -� 1�_ dI�L
N ubiic
ACCEPTED BY the Community Development Director this day of , 20 ,
pursuant to Board of County Commissioners Ordinance No. 032-2017. __
By: Suzanne Wolff, Assistant Director
APPROVED AS TO FORM
Richard Y. Neiley, Assistant County Attorney
EXHIBIT F
Pre -Application Conference Summary, Fee Agreement, Statement of Authority &
Authorization Letter from Owner
PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY
LOCATION: Hedge Lode Mining Claim
PID#: 290932400004
ZONING: RR
OWNER: Sardy Family Holdings LLC
REPRESENTATIVE: Sarah Oates
PLANNER: Tam] Kochen
SIZE: 10.33 acres
EMAIL: smo@okglaw.com
PHONE: (970) 920-1700
DATE: 10-17-18
EMAIL: tami.kochen@pitkincounty.com
PHONE: 920-5359
Type of Application: TDR Certification for parcels in the Rural/Remote zone district
Land Use Code Sections to be addressed in letter of request (application):
Sec. 2-40-30: Transfer of Development Rights
Sec. 6-70-30(a)(1): TDR Sending Sites — Number of TDRs Created
Sec. 6-70-40(a)(1-4): Criteria for Sending Sites
Review by: Community Development Director
Public Hearing: NO.
FEES: $1,950 flat fee (non-refundable; based on 6 hours of staff time. If staff review time exceeds 7.2 hours, the
Applicant will be charged for additional time above 6 hours at a rate of $325/hour)
To apply, provide each of the following documents in PDF format on a flash drive or email to
planningapps(a%pitkincounty.com and submit the fee specified above with raper copy of each of the following
documents:
1. Letter signed by the owner requesting issuance of TDR Certificates in compliance with the Code sections listed
above.
2. Owner's Background Information: Owner's name, address, telephone number, and email address.
3. Parcel Description:
a. Mining Claim: Claim name, United States Mineral Survey (USMS) Number and Mining District, Pitkin
County Parcel ID Number, number of acres;
b. Metes and Bounds Parcel: legal description, Pitkin County Parcel ID Number, number of acres and number
and types of improvements existing on-site.
4. Number and types of improvements existing on the sites (if applicable)
5. Certified survey describing and locating the parcel.
6. Disclosure and Proof of Ownership: A disclosure of ownership of the parcel, consisting of a current certificate or
ownership and encumbrance report from a title insurance company or attorney licensed to practice law in the State of
Colorado, listing the names of all owners of the property and all mortgages, judgments, liens, easements, contracts
and agreements affecting use and development of the parcel and proof of the owners' right to use the land for the
purposes identified in the development application. This shall normally require proof of complete ownership or
written consent from all owners.
7. Documentation of how and when the parcels were created.
8. Documentation of chain of title/non-merger of lands for the subject parcel and all adjacent parcels from title company or
attorney.
9. Signed fee agreement (form attached)
10. Copy of this pre -application conference summary form
11. TDR Certificate and Restrictive Covenant executed by owners (forms attached)
NOTES:
The required submission material is only that information related to the sending site. The ultimate receiver site has no
bearing upon the review or approval of a certificate of TDRs.
This pre -application conference summary is advisory in nature and not binding on the County. The information
provided in this summary is based on current zoning standards and staff's interpretations based upon
representations of the applicant. Additional information may be required upon a complete review of the application.
This pre -application conference summary is advisory in nature and not binding on the County. The information provided
in this summary is based on current zoning standards and staff's interpretations based upon representations of the
applicant. Additional information may be required upon a complete review of the application.
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter COUNTY) and Sar_dy Family Holdings, LLC (hereinafter
APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for the creation of one (1)
Transferable_ Development Right (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 012-2016
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 $1950.00 which is based on 7.2 hours of staff time. and if
actual time spent by staff to process the application exceeds the average number of hours by
more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time
spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT
further agrees that failure to pay such accrued costs shall be grounds for suspension of
processing.
PITKIN COUNTY
Cindy Houben
Community Development Director
APPLICANT
ye%b t�
Print N-a7fte---\1
Signature
Date: July 15, 2019
Mallin Add 9ss.._Nd c
l7
January 16, 2018
Pitkin County Community Development Department
530 E. Main Street, Suite 205
Aspen, CO 81611
RE: Application for Creation of TDR— Hedge Lode, U_S.M.S. No. 6800
("Property")
To Whom It May Concern:
On behalf of the owner of the Property, Sardy Family Holdings, LLC, I authorize
Sarah Oates and Leonard Oates of Oates, Knezevich, Gardenswartz, Kelly & Morrow,
P.C. to submit a land use application for the creation of a Transferable Development
Right on behalf of the LLC.
Sincerely,
Sardy Family Holdings, LLC
jT.J.SardManager
Statement of Authority
(Section 38-30-172, C.R.S.)
1. This Statement of Authority relates to an entity named SARDY FAMILY HOLDINGS, LLC, a Colorado
limited liablity company.
2. The type of entity is a:
corporation
o nonprofit corporation
0 limited liability company
0 general partnership
Q limited partnership
registered limited liability partnership
registered limited liability limited partnership
n limited partnership association
El government or governmental subdivision or agency
Q trust
3. The entity is formed under the laws of the State of Colorado.
4. The mailing address for the entity is c/o Mrs. Ted Hellums, 4946 Woodland Forest Drive, Tuscaloosa,
AL 35405.
5. The [a name 0 position of each person authorized to execute instruments conveying, encumbering, or
otherwise affecting title to real property on behalf of the entity is Thomas Jay Sardy a/k/a T.J. Sardy.
6. The authority of the foregoing person(s) to bind the entity is o not limited o limited as follows:
7. Other matters concerning the manner in which the entity deals with interests in real property:
8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section
38-30-172, C.R.S.
9. This Statement of Authority amends and supersedes in all respects any prior Statement of Authority
executed on behalf of the entity.
Executed this day of July, 2019.
SARDY FAMILY HOLDINGS, LLC, a Colorado limited liability
company
�k
Name:
T.J. Sardy, Man ger
STATE OF Af�s�
COUNTY OF F, L k a ss.
) 4
The foregoing instrument was acknowledged before me this day of `� l " by T.J.
Sardy as Manager of Sardy Family Holdings, LLC.
Witness my hand and official seal.
My commission expires:
[SEAL]
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COMMUNITY DEVELOPMENT
Certificate No. V��U
Date Issued
IRREVOCABLE CERTIFICATE OF TRANSFERABLE
DEVELOPMENT RIGHT ("TDR")
1. Description of Preservation Site: Hedge Lode, USMS No. 6800, also known as
the Hedge Lode Mining Claim, Mineral Survey No. 6800, Columbia Mining District, Pitkin
County, Colorado.
2. Pursuant to the provisions of the Pitkin County Land Use Code ("Code"), this
certifies that a Transferable Development Right ("TDR") has been severed from the Preservation
Site described in Exhibit A. This Certificate No. I R-04 -1 i -J'kJ evidences and represents one
TDR and the TDR represented hereby may be transferred to and used at a Receiver Site as
permitted and in accordance with the Pitkin County Land Use Code.
3. Possession of the original of this Certificate, properly endorsed, will constitute
the ownership by the holder of the TDR herein described.
4. This Certificate may be transferred at any time and from time to time by
endorsement and delivery.
This Certificate is perpetual and irrevocable, and Pitkin County, Colorado, will
honor the same.
Signature of Owner of the Real Property
at the time of the issuance of this Certificate
Sardy Family Holdings, LLC
T.J.
STATE OF
ss.
couNTYoFA r l of2)
Signature of Authorized Official
of Pitkin County, Colorado
By:
Title: r, &1;671
The foregoing instrument was acknowledged before me this /6 day of
J U � 20]�q by T.J. Sardy as Manager of Sardy Family Holdings, LLC.
c r'•• '• 4, Witness my hand and official seal.
NOTAR y ry commission expires:
im AUBOO
OF P -'A7'k
41,, n Explre5' o_
STATE OF DV 6 )
COUNTY OFThe
tf-
�foregoing20mbtY n�nA was acknowledged j�efore me chis day of
Witness my hand and official seal.
My commission expires: in ' 2?5
Notal u 1 c
Jj
RICHARD YOUNG N51LEY III
Notary public
State of Colorado
Notary ID* 20174026581
My Commission Expires 06-23-2021
Statement of Authority
(Section 38-30-172, C.R.S.)
1. This Statement of Authority relates to an entity named SARDY FAMILY HOLDINGS, LLC, a Colorado
limited liablity company.
2. The type of entity is a:
❑ corporation
❑ nonprofit corporation
a limited liability company
❑ general partnership
❑ limited partnership
❑ registered limited liability partnership
❑ registered limited liability limited partnership
❑ limited partnership association
❑ government or governmental subdivision or agency
❑ trust
3. The entity is formed under the laws of the State of Colorado.
4. The mailing address for the entity is c/o Mrs. Ted Hellums, 4946 Woodland Forest Drive, Tuscaloosa,
AL 35405.
5. The m name oposition of each person authorized to execute instruments conveying, encumbering, or
otherwise affecting title to real property on behalf of the entity is Thomas Jay Sardy a/k/a T.J. Sardy.
6. The authority of the foregoing person(s) to bind the entity is M not limited ❑ limited as follows
7. Other matters concerning the manner in which the entity deals with interests in real property:
8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section
38-30-172, C.R.S.
9. This Statement of Authority amends and supersedes in all respects any prior Statement of Authority
executed on behalf of the entity.
Executed this day of July, 2019.
SARDY FAMILY HOLDINGS, LLC, a Colorado limited liability
company
Name:
T.J. Sardy, Man ger
STATE OF
ss.
COUNTY OF , �[•'E - )
i
The foregoing instrument was acknowledged before me this day of
Sardy as Manager of Sardy Family Holdings, LLC.
Witness my hand and official seal.
My commission expires:
[SEAL]
n 111IIIE
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by T.J.
MISCELLANEOUS
DOCUMENTS
PITKIN COUNTY COMMUNITY DEVELOPMENT
Permit Receipt
RECEIPT NUMBER 00046254
Name: okgkm pc Date:7/29/2019
Project Address: 0 EXPRESS CREEK RD
Type: charge # 116391846
Permit Number Fee Description Amount
0062.2019.PLAN PP- Flat Fee 1,950.00
Total: 1,950.00