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HomeMy WebLinkAboutbocc.ord.012.2007AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AUTHORIZING THE UHLFELDER SUBDIVISION EXEMPTION FOR A MAJOR PLAT AMENDMENT AND VACATION OF A 20-FOOT ACCESS EASEMENT IN THE ASPEN TENNIS CLUB SUBDIVISION Ordinance No.O)~ -2007 Recitals Mark Uhlfelder ("ApplicanY'), has initiated the procedure under the Pitkin County Land Use Code for a Subdivision Exemption for a Major Plat Amendment to vacate a 20' access easement from Lot 5, Aspen Tennis Club Subdivision, and establish a 30' utility easement. 2. The Lot is located at 0142 Maroon Drive and is specifically described as Lot 5, Aspen Tennis Club Subdivision. 3. The Lot contains 1.03 acres and is zoned R-30. 4. The Planning and Zoning Commission heard this application at their regularly scheduled public meeting on January ] 6, 2007, at which time they recommended approval by a vote of 5-0. 5. Evidence and testimony were presented to the Board with respect to the proposed Vacation at a public meeting on Mazch 14, 2007, and at a Public Hearing on April 25, 2007, at which time the Board found that the application meets the criteria of the Pitkin County Land Use Code. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that it hereby vacates a 20' access easement from Lot 5, Aspen Tennis Club Subdivision, and establishes a 30' utility easement. Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the Counry Attorney and Community Development an amended Plat in accordance with Land Use Code Sections 5-40 and 5-60-040. The above referenced approvals shall be a condition precedent to finalization and recordation. 2. All material representations made by the applicant in the application and public meeting shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 3. Prior to submission of the amended Plat, the Applicant shall submit a 30' perpetual, non- exclusive utility easement for approval and recordation. RECEPTION#: 539959, 07I16I2007 at 08:42:10 AM, 1 oF 2, R$0.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO RECEPTION#: 546347, 02/06/2008 at 10:20:12 AM, 1 OF 3, R$16.00 Doc Code EASEMENT Janice K. Vos Caudili, Pitkin County, CD GRANT OF EASEMENT THIS GRANT OF EASEMENT is made and entered into this b~day of ~ ~ S~ 2007, by and between MARK N. UHLFELDER AND ANNE E. HLJNTLEY UHLFELDER (hereinafter collectively referred to as "Grantor"); and th~ ASPEN CONSOLIDATED SANITATION DISTRICT, the CITY OF ASPEN WATER DEPARTMENT, and other public utility providers (hereinafter individually and collectively referred to as~`Grantees"), WITNESSETH: THAT for and in consideration of the sum of Ten Dollars ($10.00) in hand paid to Grantor and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the undersigned Grantor does hereby grant and convey unto the Grantees, their respective successors and assigns, a perpetual, non-exclusive easement and right-of-way thirty (30) feet in width, and a right therein to construct, install, remove, replace, add to, maintain, repair, operate, change or alter underground sewer, water, and other public utility lines, manholes, and appurtenances theretp, as well as the right of ingress and egress over and across said easement for the accomplishment of such utility-related purposes, together with and including any and all necessary rights-of-way for convenient ingress and egress to and from said easement, and the right to occupy and use, on a temporary basis from time to time, so much of tlie adjoining land of tl~'e Grantor as may be reasonably necessary for any of the aforesaid purposes, over, under and across the following-described pi~~mises owned by Grantor and situated in the County of Pitkin, State of Colorado, to wit: A thirty (30) foot wide easement lying within and abutting the westerly line f Lot 5, Aspen Tennis .Club Area, according to the Plat thereof recorded October ;~4~- 1965 in Plat Book 3 at Page 46 as Reception No. 122106 in the (3ffice of th~ Clerk and Recorder of Pitkin County, Colorado, said easement being more particularly described as follows: Beginning at the southwest corner of said Lot 5; Thence N. 02 degrees 49'S7" W. 124.09 feet along the west line of said Lot 5 to the intersection with the south line of Maroon Drive; Thence N. 68 degrees 00'00"E. 31.76 feet along said south line of Maroon Drive to the intersection with a line thirly (30) feet from and parallel with said west line of Lot 5; Thence along said line S. 02 degr~~$ 49'S7" E. 134.43 feet to the intersection with the south line of said Lot 5; Th S. 87 degrees 00'00" W. 30.00 ~eet to the southwest corner of said Lot 5, ~he po nt of beginning. Grantor warrants that the Grantor has the lawful right to grant such an easement and right-of-way, and agrees that the Grantor and any successors and assigns of Grantor will at no time pernut any building or other permanent improvement to be hereafter constructed over or upon said easement. Following the completion of the purpose of any entry by a Grantee upon said easement for any of the aforesaid purposes, said Grantee shall restore the premises to substantially the same condition as existed at the time of entry thereon, except for trees, slzrubs, plants, sidewalks, driveways, parking areas, or structural encroachments whether temporary or permanent, utilities owned by others, thereon located or damaged thereby, including, but not by way of limitation, fences, decks, and landscaping structures. Grantees shall not be responsible for damage to the sanitary sewer system, utilities and improvements owned by others, or for damage to pavement improvements, due to soil movement or subsidence within this easement. IN WITNESS WHEREOF, the Grantar and the named Grantees have hereunto set their hands and seals as of the day and year first ab,ove written. GRANTOR: ~Cf ~~~'~'~` ~ Mark N. Uhlfelder _ .c.%--- ~ ~ ~ Anne E. Hunttey Uhlfe der STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing Grant of Easement was acknowledged before me this ~ day of ,~~_, 2007, by Mark N. Uhlfelder and Anne E. Huntley Uhlfelder. Witness my hand and official seal. ~ ~~~~~~~~-~~~a~~,,,, I.~Is 1N~0. N~Y ~ ~.. _..: ~. „ ~, At~s ot Colorodo '`~~~~`,,•~ ~ p~ My commission e ire~~~tmrsion•R~cPtM 1Q~ r' ~-~~"' ~~ ; ~ ~°- ~ s~' ~~'_~~~ ~ ~ Notary Public ~ ~, t~~ "~,131t c j+. . ~ tZ .• c ~~~ 3 ~~''••......•~' ;~~C+.•~ y, a,~~„~,. `~ '''~- NAMED GRANTEES: STATE OF COLORADO ) ) ss. COLTNTY OF PITKIN ) Aspen Consolidated Sanita.tion District, a quasi-municipal corporation By: y ~rG~~ I a Its: ~'~~. ~~1~'~'i~.v~ The foregoing Grant of Easement was acknowledged before me this .S~ day of Q~c.~~ 4--f ~`, 2007, by c.ti- <<K-k CC ~ c~ as ~`~" `" of the Aspen Consolidated ~~~ Sanitation District, a quasi-municipal corpora ion. Witness my hand and official seal. My commission expires: ~---~`--.--~, ~~' ',~~~ = R. ~Fil1CE $ ~ 16n1f~~1°i~F~L`~ ,,_' ~~~ ~~ ~ ~° °'',°~~,~~°'``~~,.~;^~ ~~~ ~~~~~~ STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) '~,. ~.. ~..`7~. ,~-t.. ~.. c Notary Public City of spen Water Depa.rtment By: ~ Its: w~~~c.~ ~ ~ ec.~ ,~ ~ ~- • he foregoing Grant of asement was acknowledged b fore me this ~ day of 6V , 2007, by p~; ( ¢ as ~a ;~,. ~'~(~~S ;;~~r of the City of Aspen Water Department. Witness my hand and official seal. ? ?~ ~~ My commission expires: `r ?~- Z pp ~" •~, t,--- otary Public ~ , ~,e ~~,.~~;~~__ ,,,.,~,,,,,,,,. •~f~E ~~. ••. ~ ''~ , .• "••.. ~~~'•. 3624292 1.DOC ~ _ ,~~q•.• •,, ~. : = ~ N ~ :~ ,s, ": . ~ ,, ~: : . ~ . .y R ~Cr'v ~ e ~~ ~ • ' : ~ ~ ~ ~ ~ J ~~ •• ~ w ~ ti ~ ~ ~ ~ ~... ~~ • •~~~ ~~ ~` ~ • a ,. ~~, ~ C01.b h ' ~.~ ,,.,,~~.~-~~~ ~Z-3~_ ~7 Ordinance # 07 ~~ Page 2 INTRODUCED AND FIRST READ AT A PUBLIC MEETING ON THE 14TH DAY OF MARCH, 2007. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the I]th day of February, 2007. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON 25TH DAY OF MARCH, 2007. APPROVED AND ADOPTED AFTER A PUBLIC HEARING AND SECOND READING, ON THE 25TH day of APRIL, 2007. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the~ day of ~l~ , 2007. T6is Ordinance shall become effective thirty (30) days after publication following 6na1 adoption by the Board. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNT~ CO RADO ~ r t c aelOwsle , Chair ~ ~ate: l ~ APPROVED AS TO FORM: John E Pit ' nty Attorney C'~! ouben ~ Community Development Director P173-06 PID #273511101007 ATTEST: RECEPTION#: 546347, Q2/06/2008 at ~~~~ C 53~ ~~~ ~~ 18:20:12 AM, 1 OF 3, R$16.00 Doc Code EASEMENT CON.r~~-r #~,~ ~~~~ Janice K. Vos Caudill, Pitkin County, CO GRANT OF EASEMENT THIS GR.ANT OF EASEMENT is made and entered into this ~~day of ~ ~S ~; 2007, by and between MARK N. UHLFELDER AND ANNE E. HUNTLEY UHLFELDER (hereinafter collectively referred to as "Grantor"), and th~ ASPEN CONSOLIDATED SANITATION DISTRICT, the CITY OF ASPEN WATER DEPARTMENT, and other public utility providers (hereinafter individually and collectively referred to asK`Grantees"), WITNESSETH: THAT for and in consideration of the sum of Ten Dollars ($10.00) in hand paid to Grantor and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the undersigned Grantor does hereby grant and convey unto the Grantees, their respective successors and assigns, a perpetual, non-exclusive easement and right-of-way thirty (30) feet in width, and a right therein to construct, install, remove, replace, add to, maintain, repair, operate, ehange or alter underground sewer, water, and other public utility lines, manholes, and appurtenances theretp, as well as the right of ingress and egress over and across said easement for the accomplishment of such utility-related purposes, together with and including any and all necessary rights-of-way for convenient ingress and egress to and from said easement, and the right to occupy and use, on a temporary basis from time to time, so much of tlie adjoining land of tl~ Grantor as may be reasonably necessary for any of the aforesaid purposes, over, under and across the following-described p~~mises owned by Grantor and situated in the County of Pitkin, State of Colorado, to wit: A thirty (30) foot wide easement lying within and abutting the westerly line~f Lot 5, Aspen Tennis .Club Area, according to the Plat thereof recorded October, ` y- 1965 in Plat Book 3 at Page 46 as Reception No. 122106 in the Office of th~ Clerk and Recorder of Pitkin County, Colorado, said easement being more particularly described as follows: Beginning at the southwest corner of said Lot 5; Thenc~ N. 02 degrees 49'S7" W. 124.09 feet along the west line of said Lot 5 to the intersection with the south line of Maroon Drive; Thence N. 68 degrees 00' 00"E. 31.76 feet along said south line of Maroon Drive to the intersection with a line thirty (30) feet from and parallel with said west line of Lot 5; Thence along said line S. 02 degr~eS 49'S7" E. 134.43 feet to the intersection with the south line of said Lot 5; Th S. 87 degrees 00'00" W. 30.00 ~eet to the southwest corner of said Lot 5, ~he p'o~int of beginning. Grantor warrants that the Grantor has the lawful right to grant such an easement and right-of-way, and agrees that the Grantor and any successors and assigns of Grantor will at no time pernut any building or other permanent improvement to be hereafter constructed over or upon said easement. Following the completion of the purpose of any entry by a Grantee upon said easernent for any of the aforesaid purposes, said Grantee shall restore the premises to substantially the same condition as existed at the time of entry thereon, except for trees, shrubs, plants, sidewalks, driveways, parking areas, or structural encroachments whether temporary or permanent, utilities owned by others, thereon located or damaged thereby, including, but not by way of limitation, fences, decks, and landscaping structures. Grantees shall not be responsible for damage to the sanitary sewer system, utilities and improvements owned by others, or for damage to pavement improvements, due to soil movement or subsidence within this easement. IN WITNESS WHEREOF, the Grantar and the named Grantees have hereunto set their hands and seals as of the day and year first ab~ove written. GRANTOR: ~~~~.~~~ ~ Mark N. Uhlfelder .C_ ~ - l~ ~ Anne E. Huntley Uhlfe der STATE OF COLORADO ) ) ss. COLJNTY OF PITKIN ) The foregoing Grant of Easement was acknowledged before me this ~ day of ~_, 2007, by Maxk N. iJhlfelder and Anne E. Huntley Uhlfelder. Witness my hand and official seal. I.uis Wanp~ Nota~j- PubN~ My commission expire~ ~ ~ ~ ~~ rs Notary Public ,,,' ~~~~~~~~3~Q~ ~~ ~ '~ ~~ ~ ~~•• ~ •~ ~ ~` ° : ~r':" :r;;' `~ '• .+ ~ 4t v . tA ~ ~ ~ . : !~. q ,.• o . : •• . .: ~ ••• , s~ ~ ~'••• ~ ~ ~ ...... `` 'S~' ,,~., a'p 8 NAMED GRANTEES: STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) Aspen Consolidated Sanitation District, a quasi-municipal corporation By: ~ /'Y~r~~~ ~ a Its: I~"!r~- ~~~~-~- The foregoing Grant of Easement was acknowledged before me this S~ day of i4c.~~ ~--f'~ , 2007, by c~~ ~~-.~ C' K.~: c~. as `~ ```=' ~ of the Aspen Consolidated c.~.T-:.-~~ Sanitation District, a quasi-municipal corpora ion. Witness my hand and official seal. My commission expires: r.-:~~ . ~'- - ~ .F-. .,~ s~°~~:~'~ ; "e, = R. ~FiIJGE ~ 3 ~~~~~~fi ~ ~~ ~ ~~~,~~~~ ~~~.~=%, ~~ ~~ ~~~- . STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) `~, `t~.~,,, ~...`7~~. .~1.. ~..r C Notary Public City of spen Water Department By: ' Its: t~v~ic. ~ ~ ~ : s-1- • he foregoing Grant of asement was acknowledged b fore me this ,~ day of 6~J , 2007, by p~; ~ e as ~;~~;~,.. ~'~j~c'~~;;~~r of the City of Aspen Water Department. Witness my hand and official seal. My commission expires: `l/ZL J~Op ~` / 3624292_1.DOC r2-3~- ~7 ~~ r` •~„ ~.--- ~totary Public ~ , ~,~ ~~,~5,~~_ ,.,~.,.,,,~~,,, ; •' ' ~„E€ C, o , ....., ~ : ._.~~y•; • •. . .4~ • • ~' ~f ~ . .~ r •.,~: ~: . - . ~ • ... _~,{,,.~ . ::~ . _ -. : _~~; : . : + ~~ ~, . : : : : •o , ~ •~.. •• a . o •.......Ah ;: ~~, ~ ~ C(f1.0 '~ ,,.,~~~.~-~~~ ~~~ a.~ ~, ~ 3 ~ ~ ~~~ RECEPTION#: 546347, 02/06/2008 at ' 10:20:1 R$16.00 Doc Code EASEMENT CONTRA~iT #.~ %,~D~ 1 OF 3, Janice K. Vos Caudiil, Pitkin County, CO GRANT OF EASEMENT THIS GRANT OF EASEMENT is made and entered into this b~day of ~ ~S ~ 2007, by and between MARK N. UHLFELDER AND ANNE E. HiJNTLEY UHLFELDER (hereinafter collectively referred to as"Grantor"); and th~ ASPEN CONSOLIDATED SANITATION DISTRICT, the CITY OF ASPEN WATER DEPARTMENT, and other public utility providers (hereinafter individually and collectively referrec~ ~ a~~sGrantees"), WITNESSETH: THAT for and in consideration of the sum of Ten Dollars ($10.00) in ~and paid to Crrantor and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the undersigned Grantor does hereby grant and convey unto the Grantees, their respective successors and assigns, a perpetual, non-exclusive easement and right-of-way thii~y (30) feet in width, and a right therein to construct, install, remove, replace, add to, maintain, repair, operate, change or alter underground sewer, water, and other public utility lines, manholes, and appurtenances theretp, as well as the right of ingress and egress over and across said easement for the accomplishment of such utility-related purposes, together with and including any and all necessary rights-of-way for convenient ingress and egress to and from said easement, and the right to occupy and use, on a temporary basis from time to time, so much of t~ie adjoinii~g,land of tl~ Grantor as may be reasonably necessary for any of the aforesaid purposes, over, under and across the following-described p~~mises owned by Grantor and situated in the County of Pitkin, Sta.te of Colorado, to wit: A thirty (30) foot wide easement lying within and abutting the westerly lin~ Lot 5, Aspen Tennis Club Area, according to the Plat thereof recorded October~~^~ ~ 1965 in Plat Book 3 at Page 46 as Reception No. 122106 in the Qffice of th~ Clerk and Recorder of Pitkin County, Colorado, said easement being more particularly described as follows: Beginning at the southwest corner of said Lot 5; T'hence N. 02 degrees 49'S7" W. 124.09 feet along the west line of ~aid Lot 5 to the intersection with the south line of Marobn Drive; Thence N. 68 degrees 00'00"E. 31.76 feet along said south line of Mazoon Drive to the intersection with a liMe thirty (30j feet from and parallel with said west line of Lot 5; Thence along said line S. 02 degr~~$ 49'S7" E. 134.43 feet to the intersection with the south line of said Lot 5; Th S. 87 degrees 00'00" W. 30.00 ~eet to the southwest corner of said Lot 5, ~e p'o nt of bea?nning. Grantor warrants that the Grantor has the lawful right to grant such an easement and right-of-way, and agrees that the Crrantor and any successors and assigns of Grantor will at no time permit any building or other permanent improvement to be hereafter constructed aver or upon said easement. Following the completion of the purpose of any entry by a Grantee upon said easement for any of the aforesaid purposes, said Crrantee shall restore the premises to substantially the same condition as existed at the time of entry thereon, except for trees, shrubs, plants, sidewalks, driveways, parking areas, or structural encroachments whether temporary or permanent, utilities owned by others, thereon located or damaged thereby, including, but not by way of limitation, fences, decks, and landscaping structures. Grantees shall not be responsible for damage to the sanitary sewer system, utilities and improvements owned by others, or for damage to pavement improvements, due to soil movement or subsidence within this easement. IN WIT'NESS WHEREOF, the Crrantor and the named Grantees have hereunto set their hands and seals as of the day and year first ab ve written. GRANTOR: ~ Mark N. LJhlfelder ,C_~ - Anne E. Huntley Uhlfe der STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing Grant of Easement was acknowledged before me this ~ day of ,~~~_, 2007, by Mark N. Uhlfelder and Anne E. Huntley Uhlfelder. Witness my hand and official seal. ~ ,,,,~,~~N~.,,,~~~,,,,,,~~~~',' t~ws~ ~N ~ ,,, G;.•... pP ,; My commission e~p,j~re~~~,~ t~ = '~r.±~''~~~d'= ~! : ~" .s:. ~+~ : . ~i ~, . r o: ~k ' ~ w , tlf. ~ ~. Notary Public •~ ~ , y ~r~o :~ ` .l~ ~~/~•~~~~N~~~~~~~V ~,: • 1 ''a 8~*.~• ~ ~ NAMED GRANTEES: STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) Aspen Consolidated Sanitation District, a quasi-municipal corporation By: , /'Y~'<<~-~ ~ /~ e Its: ~/'!~- G~~°~~~~-v- 'The foregoing Grant of Easement was acknowledged before me this .Sr day of ~c.~~ ~•-f ~, 2007, by c.~- c~ K-k ~' ~.e: c~. as ~; ,`_'" `r of the Aspen Consolidated T~~ ti~~ Sanitation District, a quasi-municipal corpora ion. Witness my hand and official seal. My commission expires: f---<°`,-_~ ~~~ ~ `~~ ~ R. BRUCE ~ ~}~AAFITHEF~LY p' ro ~°~ ~~~~F'~ STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) ~2. `~.. ~`7~~• .~t.. ~ c Notary Public City of spen Water Department By: ' Its: u-~O,~c~ ~ ~ ~ , ~l- . he foregoing Grant of asement was acknowledged b fore me this ~ day of p~ , 2007, by p~+~ as u~;c.. ~h(e~;;er~or of the City of Aspen Water Department. Witness my hand and official seal. ~ s My commission expires: `~ LL- ~ p~p ~` / , ,~, // ~~ ~rU otary Public 3624292_1.DOC ~ iZ-3t_ ~'T ~-ee.. ..,,.,,,,,,,,.. '~„~~ L~e. ~. ....... ~'= 4' .. : .~ ~, • r ~~= ~~ ~R~.: :~.. - RESOLUTION 4F THE BOARD OF CQUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL TQ THE ULHFELDER SUBDIVISION EXEMPTION FOR A MAJOR PLAT AMENDMENT Resolution No.O~-2007 Recitals ~ 1. Mazk Ulhfelder ("Appl'scant"), has applied to tS~e Pitkin County Board of County Commissioners, ("BOCC"), for a Subdivision Exemption for a Major Plat Amendment to vacate a 2Q' access easement from Lot 5, Aspen Tennis C1ub Subdivision, and establish a 30' utility easement. ~ ~Q 2. The Lot is located at 0142 Maroon Drive and is specifically described as Lot 5, Aspen Tennis Club Subdivision. 3. The Lot contains 1.03 acres and is zoned R-30. ~ 4. The Ptanning and Zoning Commission heard this appiication at their regularly scheduled public meeting on January 16, 2007, at which time they recommended approval by a vote of 5-0. ~ 5. The 8oard heard the request on 1~` readin at their re larl scheduled and dul noticed ublic ~ 8 S~ Y Y P hearing on March 14, 2007, at which time evidence and testimony will be presented with respect to this application. The BOCC heard 2nd reading on Apri125, 2007. ~ G. The Board finds that this application is consistent w'sth the applicable Seotions of the Pitkin '}~ County Land Use Code. ~ NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it hereby grants approval for the Ulhfelder Subdivisian Exemption for a Major Plat ~ Amendment, subject to the conditions, which shall run with the fand and be binding on all successors in interest: ' 1. Prior to submission of any future building permit applications, the Applicant sha~! be required to C~ submit for approval by the County Attorney and Community Development an amended Plat in accordance with Land Use Code Sections 5-40 and 5-60-040. The above referenced approvals shal! be a condition precedent to finalization and recordation. 2. All material representations made by the applicant in the applicatios- and pubtic meeting sha11 be adhered to and considered conditions of approval, unless otherwise amended by other canditions. 3. Prior to submission of the amended Plat, the Appiicant shall submit a 30' perpetual, non- exclusive utitity easement for approval and recordation. 538fi37 Paqe: ] of 2 06/06/20@7 04:2T 1qNIGE % VOS CMJDILL PITKIN COUNTY CO R 0.00 D 0.00 ~ Resotution No.¢ ,,~3 -2007 Page 2 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 1 I th day of February, 2007. INTRODUCED AND FIRST READ at the regular meeting and public hearing on the 14th day of March, 2007. APPROVED AND ADOPTED AFTER SECOND READING on the 25`~ day of April, 2007. PUBLISAED AFTER ADOPTION FOR STED REAL PROPERTY RIGHTS II~1 THE ASPEN TIMES WEEKLY ON j~/ !- BOARD OF COUNTY COMMISSIONERS OF AITKjN CO , LORADO , ~chael Owsley Chair Date: .S'.3/ '6 ~ AAPROVED AS TO FORM: ~~~~-- ~_~ John E~1 Ca~Ty Attorney Case # 173-06 PID #273511101007 APPROVED AS TO CONTENT: r ~ C4~ is-dy Houben, Community Development Director ~~$~~Z Page: 2 of 2 08l08/2@@7 04:27 JpNICE K VOS CRI~ILL PITKIN COUMTY CO R 0.00 D 0.00 ~ ~ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITIQNN COUNTY, COLORADQ, GRANTING APPR4VAL TO THE UHLFELDER SUBDIVISION EXEMP'fIQN FOR A MAJOR PLAT AMENDMEN'1' Resolution No. ~-2007 Recitals 1. Mark Uhlfelder ("Applicant"), has applied to the Pitkin County Board af County Commissioners, ("BOCC"), for a Subdivision Exemption for a Major Plat Amendment to vacate a 20' access easement from Lot 5, Aspen Tennis Club Subdivision, and establish a 30' utility easement. The Lot is located at 0142 Maroon Drive and is specifically described as Lot 5, Aspen Tennis Club SubcSivision. The Lot contains 1.03 acres and is .~oned R-30. 4, The Planning and Zoning Commission heard this application at their regularly scheduled pubiic meeting on January ] 6, 2407, at which time they recommended approval by a vote of 5-0. 5. The Board heard the request on t s' reading at their regularly scheduled and duly noticed public hearing on March 14, 2007, at which time evidence and testimony will he presented with respect to this application. The BOCC heard 2"d reading on Apri125, 2007. 6. T'he Board finds that this application is consistent with the applicable Sections of Che Pitkin County Land Use Code. NOW THEREFORE BE IT RESOLVED by the Pitkin Coanty Board of County Commissioners that it hereby grants approval for the Ulhfelder Subdivision Exemption for a Major Plat A.mendment, suhject to the conditions, wh'rch shall run with the Iand and be binding on atl successors in interest: Prior to submission of any future buitding permit applications, the AppSicant shall be required to submit for appraval by the County Attorney and Cammunity Development an amended Piat in accordance with Land Use Code Sections 5-44 and 5-60-U40. The above referenced approvals shall be a condition precedent ta finalization and recordation, 2. All materiai representations made by the applicant in the application and public meeting shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 3. Prior to submission of the amended Plat, the Applicant shail submit a 30' perpetual, non- exclusive utility easement for approval and recordation. ~ RECEPTION#: 546347, 02/06/2008 at 10:20:12 AM, 7 oF 3, R$16.00 Dac Code EASEMENT Janice K. Vos Cauditl, Pitkin County, CO GRANT OF EASEMENT THIS GRANT OF EASEMENT is made and entered into this b~day of ~ ~S ~; 2007, by and between MARK N. UHLFELDER AND ANNE E. HUNTLEY UHLFELDER (hereinafter collectively referred to as "Grantor"), and th~ A5PEN CONSOLIDATED SANTTATION DISTRICT, the CITY OF ASPEN WATER DEPARTMENT, and other public utility providers (hereinafter individually and collectively referred to as"Grantees"), WITNESSETH: THAT for and in consideration of the sum of Ten Dollars ($10.00) in hand paid to Crrantor and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the undersigned Grantor does hereby grant and convey unto the Grantees, their respective successors and assigns, a perpetual, non-exclusive easement and right-of-way thirty (30) feet in width, and a right therein to construct, install, remove, replace, add to, maintain, repair, operate, ehange or alter underground sewer, water, and other public utility lines, manholes, and appurtenances theretp, as well as the right of ingress and egress over and across said easement for the accomplishment of such utility-related purposes, together with and including any and all necessary rights-of-way for convenient ingress and egress to and from said easement, and~ the right to occupy and use, on a temporary basis from time to time, so much of tlie adjoining•tand of tl~ Grantor as may be reasonably necessary for any of the aforesaid purpos~s, over, under and across the following-described p~~mises owned by Grantor and situated in the County of Pitkin, State of Colorado, to wit: A thirty (30) foot wide easement lying within and abutting the westerly line ~Lot 5, Aspen Tennis Club Area, according to the Plat thereof recorded October ~~y 1965 in Plat Book 3 at Page 46 as Reception No. 122106 in the Office of th~ Clerk and Recorder of Pitkin County, Colorado, said easement being more particularly described as follows: Beginning at the southwest corner of said Lot 5; Thenc~ N. 02 degrees 49'S7" W. 124.09 feet along the west line of said Lot 5 to the intersection with the south line of Mazoon Drive; Thence N. 68 degrees 00'00"E. 31.76 feet along said south line of Maroon Drive to the intersection with a line thirty (30) feet from and parallel with said west line of Lot 5; . Thence along said line S. 02 degr~e~ 49'S7" E. 134.43 feet to the intersection with the south line of said Lot 5; Th S. 87 degrees 00'00" W. 30.00 ~eet to the southwest corner of said Lot 5, ~he~t of beginning. ~ Grantor warrants that the Grantor has the lawful right to grant such an easernent and right-of-way, and agrees that the Grantor and any successors and assigns of Grantor will at no time permit any building or other permanent improvement to be hereafter constructed over or upon said easement. Following the completion of the purpase of any entry by a Grantee upon said easement for any of the aforesaid purposes, said Grantee shall restore the premises to substantially the same condition as existed at the time of entry thereon, except for trees, shrubs, plants, sidewalks, driveways, pazking azeas, or structural encroachments whether temporary or permanent, utilities owned by others, thereon located or damaged thereby, including, but not by way of limitation, fences, decks, and landscaping structures. Grantees shall not be responsible for damage to the sanitary sewer system, utilities and improvements owned by others, or for damage to pavement improvements, due to soil movement or subsidence within this easement. IN WITNESS WHEREOF, the Grantor and the named Grantees have hereunto set their hands and seals as of the day and year first ab ve written. GRANTOR: ~ Mark N. Uhlfelder ,•C ~ - Anne E. Huntley iJhlfe der STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing Grant of Easement was acknowledged before me this ~ day of ~c4~~ 2007, by Mark N. iJhlfelder and Anne E. Huntley Uhlfelder. Witness m hand and official seal. y • ....~.~-~~uu~,,,, • 4uls 1N~W. No~- P++pMQ ~ .~'. .~,, ~ '''•. '' G'~" o ' My commission e e ~~ ~ C~~ ~ ~~DfllllfYflOA• ~Iip~N ~~ .~ =, •• '~~~~,d, : ~ ~ ~ p ~ ~ `va' s o : ~ ~~~ ? Notary Public ~ 4 ~a" ~ ~r o :~ .~ !°'~~ ~'• '' ,: ) ••......•• ~ , ~1 ~~~ti.__ a~~~ ~ ~ NAMED GRANTEES: STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) Aspen Consolidated Sanitation District, a quasi-municipal corporation /~~ r`~~ By: (~o (~' ItS: IO'IC~ G:-~~~ti-~- The foregoing Grant of Easement was acknowledged before me this Sr day of D~-•~ ~--f ~ , 2007, by c .u < < ~k E ~.~: c ~. as `~ ` `e `~ of the Aspen Consolidated a ~.ti c~?m Sanitation District, a quasi-municipal corpora ion. Witness my hand and o~cial sea1. My commission expires: ~ Z- 3 t- ~ 7 ~---~``~-~°~,~ ;~ `Z.. `t~.~. ~..~`l'~~. ~`s L. ~ C ••;% Notary Public R. BRUCE ~ ~qp~}{~„y i City of spen Water Department ~``'a~,~,„~~"~''~~ ~ '4' c~~ ~~~~'~ By: Its: u~<<u ~ ' ~ STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) ~~ ~ . e foregoing Grant of asement was aclaiowledged b fore me this ~ day of ~V 2007, by p~i~ as ~u~d;c,..lN(o?~~~r of the City of Aspen Water Department. Witness my hand and official seal. ? ~ My commission expires: `r/LL~~Z pp g` ~ otary Public ' ~e ~R~p~,~~_ ,..,,,,,,,..,,. ,~ '~~~,~~ [E.~ ,, • ..... 3624292_1.DOC ~ ~`~ ~ ~; '~~ '•. wt~~ ;, ,,•' :,. . :: _ :<, ~' :', t~ T :~ : ` - i~.:c • . 7. ".f:=k,N,; ~ ?. : : =~-:' : ; ~~ ~ . ~,,, . ,~ .; e .• : ~` o~ 'coi.oa~,~~'~. ,~ ,..~.~,,,,.~, ~ Resolution NoQ~-2007 Page 2 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the l lth day of February, 2007. INTR~DUCED AND FJRST READ at the regular meeting and public hearing on the 14th day of March, 2007. APPROVED AND ADOPTED AFTER SECOND READING on the 25`~ day of April, 2007, P[IBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN TIME5 WEEKLY ON ~/~ d7 APPR4VED AS TO FORM: - -----~. 30 , ttorney Case #173-06 PID #273511101007 BOARD OF COUNTY COMMTSSIONERS O PTTKIN CO , ~LORADO ~ ~ ~ MichaeE Owsle , Chair . Date: _ (~~ l I'V / _ ,` APPRQV~D AS TO CONTENT: ~CvC~ ' dy Houben, Community Development Director l~