HomeMy WebLinkAboutpitkin.planning.264316104001 (2007)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 copies (11x17)
ADMINISTRATIVE DETERMINATION OF THE COMMUNITY DEVELOPMENT DIRECTOR
OF PITKIN COUNTY, COLORADO, APPROVING THE BRAUN SUBDIVISION MINOR PLAT
AMENDMENT
Determination Nod f 2007
RECITALS
William Braun ("Applicant") has applied to the Community Development Director of Pitkin
County ("Director") pursuant to Sections 2-30-20 of the Pitkin County Land Use Code ("Code"), to
make minor modifications to the recorded plat to adjust the easterly boundary of the parcel.
2. The parcel is zoned RS-20 PUD.
3. The 1 sc Amended Braun Subdivision Plat is recorded in Book 62, Page 50.
4. Braun and the adjoining property owner, Red Oak Trust, have entered in to a "Boundary and
Fence Agreement" to establish the north/south boundary between the properties. This agreement
is recorded at Reception No. 512719.
The Applicant submitted a complete application after July 6, 2006, therefore, the application is
being considered pursuant to the 2006 Land Use Code.
6. The Applicant requests plat amendments to adjust the new easterly property line, to provide a
corrected legal description, and to correctly state ownership of the subdivision as William Braun.
7. The Director finds that the request is consistent with the requirements of the Land Use Code.
APPROVED by the Director, subject to the following conditions:
The Applicant shall adhere to all material representations made during the application process.
2. Within 60 days, the Applicant shall be required to submit for approval by the County Attorney
and Community Development an amended Plat in accordance with Section 2.1.13 of the Pitkin
County Land Use Application Manual. The above referenced approvals shall be a condition
precedent to finalization and recordation.
~~@~~
Page: 1 of 2
04/25/2007 03:25
JANICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
APPROVED by the Director, this 2~1 b~ day of ~ , 2007.
v C~~1, _v'e,~t _ !Il C
Cindy Houben,
Community Development Director
PID# 264316104001
P025-07
lancec/cases/braunminorplatamendment.doc
53~~55
Page: 2 of 2
04/25!2007 03:25
JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
MEMORANDUM
TO: Cindy Houben, County Community Development Director
FROM: Lance Clarke, ssistant Director
RE: Braun Subdivision Exemption for a Minor Plat Amendment
DATE: April 23, 2007
REQUEST: The Applicant is requesting to amend the Braun Subdivision approval to make a minor change
to the eastern boundary of the parcel by establishing the actual boundary as detailed in a "Boundary and
Fence Agreement" recorded at Reception No. 512719. This line is the westerly boundary of Spaghetti
Ranch Company 1041 Site Plan recorded at Book 63, Page 22 (the adjoining parcel to the east owned by
Red Oak Trust).
APPLICANT: William Braun
REPRESENTATIVE: Matthew Lowry; Klein, Cote & Edwards, LLC
LOCATION: Woody Creek Road
ZONING: RS-20
BACKGROUND: The one lot Braun Subdivision was approved by the BOCC by Resolution No. 95-197.
The plat was recorded in Book 41, Page 21. This plat was subsequently amended and recorded in Book 62,
Page 50. The easterly neighbor, Spaghetti Ranch Company (Red Oak Trust), received a 1041 Hazard
approval and recorded a site plan in Book 63, Page 22. These adjoining owners have signed a "Boundary
and Fence Agreement" (recorded at Reception No. 512719) whereby they agree that the north/ south
boundary line between the two parcels will be as shown on the recorded Spaghetti Ranch Company 1041
site plan. This agreement necessitates an amendment to the Braun plat to show a new easterly boundary.
STAFF COMMENTS:
(7) SUBDIVISION EXEMPTIONS FOR MINOR PLAT AMENDMENTS
A subdivision exemption for a minor plat amendment may be approved if.•
(a) It is necessary to correct an inadvertent surveying error to a recorded plat that has been
approved by Pitkin County, where the error was not intended to circumvent the provisions of
this Land Use Code, the correction increases or does not substantially affect the degree of
compliance with the standards of this Land Use Code; and the revised final plat will comply
with the final plat standards of Pitkin County Land Use Application Manual; or
RESPONSE: The amendment would correct a boundary discrepancy between adjoining properties. The
degree of compliance with LUC is not affected. Anew plat will be recorded.
(b) The amendment increases or does not affect the degree of compliance with the standards of this
Land Use Code; and the amendment is being made to a recorded plat that has been approved
by Pitkin County; and the amendment is consistent with representations made during the
conceptual and detailed subdivision reviews whichever is applicable.
RESPONSE: The proposed amendment will not affect the degree of compliance with the Standards of
the Code.
RECOMMENDATION: Staff recommends that the Director approve the Braun Subdivision Minor Plat
Amendment based on compliance with the standards noted above and subject to the conditions of the
attached Administrative Decision.
KLEIN, COTE &EDWARDS, LLC
ATTORNEYS AT LAW
HERBERT S. KLEIN bsk@kcelaw.net
LANCE R. COTE, PC* Irc@kcelaw.net
JOSEPH E. EDWARDS, III, PC jee@kcelaw.net
EBEN P. CLARK epc@kcelaw.net
MADHU B. KRISHNAMURTI mbk@kcelaw.net
MATTHEW M. LOWRY mml@kcelaw.net
* also admitted in California
February 22, 2007
Lance Clark
.Pitkin County Community Development Department
130 South Galena St.
Aspen, CO 81611
201 NORTH MILL STREET, STE. 203
ASPEN, COLORADO 81611
TELEPHONE: (970) 925-8700
FACSIMILE: (970) 925-3977
Re: Braun Subdivision (PID # 264316104001) -Subdivision Exemption for
Minor Plat Amendment pursuant to LUC §2-30-20(g)(5)
Dear Lance:
Please consider this letter an application for a Subdivision Exemption for Minor Plat
Amendment under LUC §2-30-20(g)(5) for the Braun Subdivision (the "Subdivision").
Pursuant to our January 11, 2007 phone conversation, the requirement of apre-application
conference has been waived. Enclosed please find two copies of the documents you
requested as set forth in the Exhibit List below.
The applicant is the owner of the Subdivision, William Braun ("Braun"). Braun seeks
to amend the Subdivision plat to depict the easterly line of the Subdivision as it is described
by the Boundary and Fence Agreement between Braun and Red Oak Trust recorded as
Reception No. 512719 in the Pitkin County records (the "Boundary and Fence Agreement").
The Red Oak Trust was the adjoining landowner immediately to the east of the Subdivision
in that Agreement. The parties agreed to locate the property line between their respective
properties along the existing fence line.
Criteria of LUC §2-30-20(8)(5)
Minor plat amendments of this sort must meet the requirements of LUC §2-30-
20(g)(5). This section provides that a minor plat amendment may be approved where:
(b) The amendment increases or does not affect the degree of
compliance with the standards of this Land Use Code; and the
.amendment is being made to a recorded plat that has been
approved by Pitkin County; and the amendment is consistent with
oooo~~;
KLEIN, COTE & EDWARDS, LLC
ATTORNEYS AT LAW
HERBERT S. KLEIN hsk@kcelaw.net
LANCE R. COTE, PC* Irc@kcelaw.net
JOSEPH E. EDWARDS, III, PC jee@kcelaw.net
EBEN P. CLARK epc@kcelaw.net
MADHU B. KRISHNAMURTI mbk@kcelaw.net
MATTHEW M. LOWRY mml@kcelaw.net
"also admitted in California
February 22, 2007
Lance Clark
Pitkin County Community Development Department
130 South Galena St.
Aspen, CO 81611
EXHIBIT C
201 NORTH MILL STREET, STE. 203
ASPEN, COLORADO 81611
TELEPHONE: (970) 925-8700
FACSIMILE: (970) 925-3977
Re: Certificate of Ownership -Braun Subdivision (PID # 264316104001)
Dear Lance:
The undersigned attorney is licensed to practice law in the State of Colorado and has
reviewed the public records concerning the ownership of that certain real property commonly
known as 401 Woody Creek Rd., Woody Creek, Colorado and otherwise known as the Braun
Subdivision as depicted on the first amended plat of the Braun Subdivision recorded September
25, 2002 as Reception No. 472675 in the Pitkin County records. This letter is provided to certify
that the above described property is owned by William Braun.
Please feel free to call if you have any questions.
Very truly yours,
KLEIN, C( &dVARDS, P.C.
~VIattw M. Lowry
_000009
EXHIBIT D
The Braun Subdivision -Minor Plat Amendment
Parcel Description (PID # 264316104001)
Vicinity Map:
Land Description:
A tract of land situate in Sections 9 and 16, Township 9 South, Range 85 West of the
Sixth Principal Meridian, being a part of Lot 2, Elam Subdivision, Pitkin County,
Colorado, being more particularly described as follows:
Beginning at a point on the southerly right-of--way line of a county road from whence the
northeast corner of Section 16 bears N09°17'21"E, 278.23 feet; thence along said
southerly right-of--way line the following 12 courses and curves:
S86°05'47"W, 165.84 feet; thence 229.98 feet along the arc of a curve to the right having
a radius of 487.88 feet, a central angle of 27°00'31" and a long chord which bears
N80°23'57"W, 227.86 feet; thence N66°53'41"W, 201.79 feet; thence N68°33'50"W,
179.99 feet; thence 296.84 feet along the arc of a curve to the left having a radius of
535.41 feet, a central angle of 31°45'56" and a long chord which bears N84°26'48"W,
293.05 feet; thence S79°40' 14"W, 199.33; thence 530.43 feet along the arc of a curve to
the right having a radius of 883.25 feet, a central angle of 34°24'32" and a long chord
which bears N83°07'30"W, 522.50 feet; thence N65°55' 14"W, 277.52 feet; thence
N61 °58' 11 "W, 220.44 feet; thence 111.06 feet along the arc of a curve to the left having
~~000~~
Braun Subdivision Land Description cont.:
a radius of 180.40 feet, a central angle of 35°16'21" and a long chord which bears
N79°36'22"W, 109.31 feet; thence S82°45'28"W, 76.95 feet; thence 364.33 feet along
the arc of a curve to the right having a radius of 717.18 feet, a central angle of 29°06'23"
and a long chord which bears N82°41'21"W, 360.42 feet to a point on the southwest line
of said Lot 2; thence along the southwest line of said Lot 2 the following courses:
S25°33' 14"E, 403.51 feet; thence .570°55' 12"E, 394.26 feet; thence S68°39'07"E,
527.45 feet; thence S56°33' 16"E, 538.74 feet; thence S53°21'46"E, 434.89 feet; thence
N81°18'38"E, 409.36 feet; thence N63°51'28"E, 218.35 feet; thence S84°47'32"E,
305.29 feet to the easterly line of Government Lot 6 of said Section 16; thence
N00°30'00"W, 17.89 feet; thence departing said easterly line N89°30'00"E, 19.05 feet to
a point on the line of a Boundary and Fence Agreement as recorded at Reception No.
512719, Pitkin County records; thence along said Boundary and Fence Agreement line
N00°13'30"W, 594.69 feet to a point on the southerly right-of--way of a county road;
thence along said southerly right-of--way line S86°05'47"W, 18.63 feet to the Point of
Beginning, said tract containing 35.42 acres, more or less.
•~0~0~2 2
EXHIBIT E
(PID#264316104001)
PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter COUNTY) and WILLIAM BRAUN (hereinafter APPLICANT) AGREE
AS FOLLOWS:
1. APPLICANT has submitted to COUNTY a subdivision exemption for minor plat
amendment pursuant to LUC §2-30-20(g)(5) (hereinafter THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 022-2006
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 $693.00 which is based on 3 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 +~-
_`~ ~~
Ci dy ouben
Community Development Director
APPLICANT
~v
i iam Braun
Date:
Address:
Phone:
l~/2/~
l
Box 337
Woody Creek, CO 81656
(970) 923-3330
0000~2-
EXHIBIT F
CONSENT AND AUTHORIZATION TO PROCESS LAND USE APPLICATION
The Braun Subdivision
(the "Property")
William Braun, as the owner of the Braun Subdivision, hereby authorizes his
attorney, Matthew M. Lowry, Esq. (phone: (970) 925-8700; address: 201 N. Mill St., Ste.
203, Aspen, Colorado 81611) to process an application for subdivision exemption for
minor plat amendment and to obtain all necessary land use approvals related to the
foregoing.
Dated this ~ day of February, 2007.
William Braun
Address: Box 337
Woody Creek, CO 81656
Phone: (970) 923-3330
000013
representations made during the conceptual and detailed
subdivision reviews whichever is applicable.
Response: The amendment here is being sought 1) to show the easterly line of the
Braun Subdivision as described in the Boundary and Fence Agreement, 2) to correct the land
description for the Subdivision as a result, and 3) to correctly state that the sole owner of the
Subdivision is William Braun (Gail Braun was incorrectly listed on the 1St Amended Plat
Braun Subdivision recorded at Book 62 Page 50). The relocation of the Subdivision's
easterly boundary would be consistent with all applicable provisions of the land use code and
would not affect the degree of compliance of the property with the standards of the Code.
The amendment would be made to a recorded plat approved by Pitkin County and would be
consistent with representations made during the County's subdivision review.
EXHIBIT LIST:
A. Boundary Agreement
B. Proposed 2nd Amended Plat Braun Subdivision
C. Certification of Ownership
D. Legal description and vicinity map
E. Fee Agreement
F. Consent to Process Application
In addition, please find enclosed the total fee for review of the application in the amount
of $693.00. I understand that if staff review time exceeds 3.6 hours, the applicant will be charged
for additional time in excess of 3 hours at an hourly rate. Please bill this office if such additional
fees are incurred. I would greatly appreciate your processing of this application as soon as
possible. Please call with any questions.
Very truly yours,
KLEIN, COTE & EDWARDS, LLC
By:
Attachments
cc: Braun
Lowry
2
000002
~ ~ ~~ ~ ~ EXHIBIT
d
07922!2005 01:05P
SILVIA DAVIS PITKIN COUNTY CO R 31.00 D 0.00 'm
BOUNDARY AND FENCE AGREEMENT
THIS AGREEMENT is made this -4'`~' day of ~1 ~ i--`( , 2005, by and
between William Braun ("Braun") and Irving Azof~ Trustee of the Red Oak Trust dated June 14,
1996 ("Red Oak Trust").
RECITALS:
A. Braun is the owner of Braun Subdivision, according to the Final Plat of Braun
Subdivision recorded in the Office of the Pitkin County Clerk and Recorder on December 26,
1996 in Book 41 at Page 21, and the First Amended Plat of Braun Subdivision, recorded on
September 25, 2002 in Book 62 at Page ~0 (the "Braun Property„).
B. Red Oak Trust is the owner of that certain tract of land described in the Quit Claim
and Grant Deed recorded in the Office of the Pitkin County Clerk and Recorder on March 13,
2002 as Reception No. 465028 (the "Red Oak Trust Property"), the boundaries of which are
shown on the Spaghetti Ranch Company Administrative 1041 Site Plan, recorded on November
13, 2002 in Plat Book 63 at Page 22 (the "1041 Site Plan").
C. Red Oak Trust makes no claim to any property claimed by Braun lying westerly of
the westerly boundary shown on the 1041 Site Plan. A northlsouth historic fence is in place in
various stages of disrepair as of the date of this Agreement which is located substantially on this
westerly boundary shown on the 1041 Site Plan, although some segments of the fence may depart
from this westerly boundary to a slight extent.
D. Braun desires to permanently establish by agreement, pursuant to Colo. Rev. Stat.
§ 38-44-112 {2004), the westerly boundary shown on the 1041 Site Plan as the northlsouth
boundary line between the Braun Property and the Red Oak Trust Property {the "Boundary
Line"j and to thereafter have the Boundary Line treated and used as the agreed upon common
north/south boundary between the Braun Property and the Red Oak Trust Property. Red Oak
Trust, without representation as to the bona fides of Braun's legal claims to any lands lying
westerly of Red Oak 'T`rust's said westerly boundary, has no objection to such an agreement.
E. Braun also desires to construct and pay for a new fence in the place of the historic
fence on the Boundary Line and: Red Oak Trust agrees to the construction by Braun, at his cost,
of a new fence on the Boundary Line.
WITNESSETH:
NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, and the mutual
promises and covenants contained herein, the parties hereto agree as follows:
1. Establishment of Boundary Line. Braun and Red Oak Trust hereby permanently
establish the Boundary Line as the agreed northfsouth boundary line between the Braun Property
000003
i ~~~~~
I R 31 .00 7g22D 0 00 1 .06F
SILVIA DAMS PITKIN COUNTY CO
and the Red Oak Trust Property. The Boundary Line is more particularly described on Exhibit A
attached hereto and incorporated herein by reference, and shown on the map attached here to as
Exhibit S and incorporated herein by reference.
2. Binding Effect. Pursuant to Colo. Rev. Stat. § 38-44-112 (2004), upon the
recording of this Boundary and Fence Agreement, the Boundary Line shall be permanently
established and shall be binding upon the parties hereto, their heirs, successors, administrators,
representatives and assigns.
3. Construction of New Fence. Upon the recording of this Boundary and Fence
Agreement, Braun agrees to construct and pay for a new fence in place of the existing fence along
the Boundary Line, except that in the north section where trees have overgrown around the
existing fence Braun shall construct the fence on the Braun side of the treesiBoundary Line. The
new fence shall be consistent in materials and appearance with the fencing along the remaining
boundary lines of the Braun Property. Red Oak Trust hereby agrees to the construction by Braun
of a new fence in place of the existing fence as stated in this paragraph so long as it shall be
consistent in materials and appearance with the fencing along the remaining boundary lines of the
Braun Property. Braun shall be responsible for the cost of removal of existing fence segments and
the cost of installing, repairing and maintenance of the new fence.
4. Recordation of Agreement and Consent. The Parties hereby agree and direct
Braun to record with the Office of Cierk and Recorder of Pitkin County this Agreement, and its
Exhibits A and B.
5. Agreement in Counterparts. This Agreement may be executed in several
counterparts and, as so executed, shall constitute one Agreement, binding on all of the Parties
hereto, whether or not all the Parties have executed the original or the same counterpart.
6. Additional Documents. Each Party hereby agrees to execute with
acknowledgment or aiEdavit, if required, any and all documents and writings which maybe
necessary or expedient for the achievement of the purposes of this Agreement.
7. Integrated Agreement This Agreement constitutes the entire understanding and
agreement among the Parties with respect to the subject matter hereof, and there are no
agreements, understandings, restrictions, representations or warranties among any of the Parties
other than those set forth herein.
8. Colorado Law to Govern. The laws of the State of Colorado (irrespective of
Colorado's choice of law provisions] shall govern the validity of this Agreement, the amendments
thereto, the construction of its terms, and the interpretation of the rights and duties of the parties,
with venue for any claim asserted to be Pitkin County, Colorado.
2
•OOOUO4
~ .
~~~~~~
Page: 3 of 6
07!22/2@@5 @1:@6!~
SILVIR DRVIS PITKIN COUNTY CO R 31.00 d @.@0
9. Interpretation. When the context in which words are used in this Agreement
indicates that such is the intent, words in the singular numher shall include the plural and vice
versa, and the masculine, feminine, or neuter gender shall include, when the context so requires,
all applicable genders.
10. Validity. If any provision of this Agreement shall be held to be invalid, the
validity of the remainder of this Agreement shall not be affected thereby in any respect.
11. Legal Representation and Costs. Each Party has been represented in the making
of this Agreement by legal counsel duly licensed to practice law in the State of Colorado. In the
event of any litigation arising out of this Agreement, the prevailing party shall be entitled to
recover all reasonable costs and expenses associated therewith, including attorney fees.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date
first written above.
BRAUN:
William Braun ~ r
RED OAK TRUST:
RED OAK TRUST TED JUNE 14, 1996
By
Irving Azoff, '~-u t~e ~~
STATE OF COLORADO )
) SS
COUNTY OF PITKIN }
On ~~~ ~ / , 2005 before me, Susan ~. Gardner ,
Notary Public, pers6nally appeared William Braun, personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity and that
by his signature on the instrument the person or the entity upon behalf of which the person acted,
executed the instrument. --.,-
Witn s my hand and official seal.
~ l~tary Public ~ '
My commission expires: 3/3/07
yP•'OT~1 ~'~~ti
hJ • e1 9~„'• ~
• :,
-~_
This e~~~og official ncita
3
seal
0000~~
~~~~~~
Page: 4 of 5
07!22/2005 0Y:06F~
SILVIR DRVIS PITKIN COUNTY CO R 31.00 D 0.00
STATE OF CALIFORNIA }
} SS
COUNTY OF LOS ANGELES )
On Jvc.~t tq ~ 2005 , 2005 before me, ~~s ~. M~ ¢Q.o ,
Notary Public, personally appeared Irving Azoff, as Trustee of the Red Oak Trust Dated June 14,
1996, personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity and that by his signature on the instrument the
person or the entity upon behalf of which the person acted, executed the instrument.
W' ess my han an fficial seal.
Notary Public
4
This area for official notarial seal.
tJRA MARIIO
Comm~Non ~- l~abi
~Y ~+bNc • CaMbetla
i~M Comm, ExAins~.Na130
o~oooos
GLENWOOD SPRINGS
118 W. 6TH, SUITE 200
GLENWOOD SPRINGS, CO 81601
970-945- 1004
FX: 970-945-5948
Exhibit A to Boundary and Fence Agreement
Braun Subdivision/Red Oak Trust Property Boundary
ASPEN
P.O. BOX 2155
ASPEN, CO 8 161 2
970-925-6727
FX; 970-925-4157
CRES7E0 BUTTE
P.O. BOX 3088
CRESTED BUTTE, CO 81 224
970-349-5355
Fx: 970-349-5358
A line being the Westerly line of that Parcel of land described in the 1041 Site
Plan in Plat Book 63 at Page 22 in the office of the Clerk and Recorder for Pitkin
County, Colorado, also being located within Section 16, Township 9 South,
Range 85 West of the 6t" P.M. being more particularly described as follows;
Beginning at a point along the fence, also being the Northwest corner of said
Parcel of land at a found #5 rebar and blue plastic cap which is unreadable;
(whence the Northeast corner of said Section 16 bears N85°30'00"E a distance
of 29.77 feet and N00°41'19"W a distance of 261.07 feet); thence from said point
of beginning S00°13'30"E a distance of 601.02 feet along an existing fence line in
place to the Southeast corner of said Parcel of land and a found #5 rebar and
blue plastic cap which is unreadable, from which the Northwest corner of said
Section 16 bears N01 °36'08"E a distance of 864.72 feet.
~ ~~2~~~
Page: 5 of 6
07!22/2005 @1:05p
SILVIA DAVIS PITKIN COUNTY CO R 31.00 D 0.06
Q:119941941850-02\Boundaryline.dwg
~~~s~ .
°®m v~~
~~ ~~
.000007
~,
6B 67
``° ~ m
'~ ~ m m
~a„~ l0 N 0
01 N
'Try, UI \
ILS F ~ ® 0
,~ `"
M
U
~~r
~~ F-
__z
~~ V
~~
r
~~ Y
® a
o ~
~¢
~ 7
~ H
US
i t~
I
-~ /
/
___,
"'. e3 rz'-.rs"
~
f
i2
FWND RE9AR w/CA~ i"'
STAMPED "LS 9164"
FOUND RE9AR W/CAP
STAMPED 'LS 75770"
8aundary tine
8roun Subdivision/
Red Oak Trust Property
Red Oak Trust Property
Plat Book $3 Page 22
FOUND SLUE REBAR AND PLASTIC CAP `.
NUMBER ILLECl9LE \
i"
Not to Scale
kL
PROP£ItG ~ r E Y. D
SEC. 16, T.9S F.85W, 6[h P.Y.
i'
' Z
N4 O
I P
~'
VI ~
~~I
SCHOOL BtJ5
EASEMENT .._._._.__..___.__~_.._,_ {~~r
fi-~----..._. _ ~_~---
WO{)QY CREEK BOAC} _ FOUW01 SLUE RE9AR AND PLA571C CAP
NUMBER ILLECd~E, ~~
N85'30'00"E ~
FOUND RE9AR W/CAP ~ 29.??'
~0 ~_ ~ _, " STAMPED "LS 15710% ~ II.
E\
i~'''-'- Aropane Tank
rl _ . i
'f
I/ j + i
[i] x- .
YNlIrE' FENCE
r
i
I
,%
', ~ /
FOtiND R~BAR w/CAP
"
'
LS 15710
\ jTAMPEO
/ ~ 7i
'
i /
~
~ W
N
~'~
:`~ ~ ~
~
/
0
E ~
(
t. TT1E
79D O
Y
._,,,,.,_~ ~ V~
.~+ 1
CREEK ,
I
~t ,
~ ~
/ I
^
i
t
^S
i
EkSr t1NE OF GOVERNh7ENT
C015 2 AND 6 SECTION 76
BkSED ON COVERNY£Nr YET£S
AND BOUNDS SURVEYS OF
p O.
O
~
ORlC17L4L CLAf.NS !N SECT/ON 76 Vj
/T~ / / N L7
7
(. i
/ / /~ { ~
a ~) ~ / ~
~~~\ ~ ~ Braun Subdivision // f
Ptat Book 41 Page 21 & 22 ~ i
/,~ ~
FOUND ND. 6 RE&iR iY[TF! 3" DIA. ~C`f L 7 C
UM/NUM CAA STAMPED 'LS T5770"
Y A4tRKED FOR YKE N£. CDR. -r
0 o O~ V v
PITKIN COUNT ~ COMMUNITY DEVELOPMENT I'ARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
February 23, 2007
Klein, Cote' & Edwards
201 N. Mill Street, .Ste #203
Aspen; Co 81611
Re: Braun Subdivision Exemption for Minor Plat Amendment
(CASE P025-07; PID 2643-161-04-001)
Dear Mr. Lowry:
The Planning Office has completed its preliminary review of the captioned application. We have determined
that this application is complete. After a more detailed review of the submittal information, additional
information specific to the application may be requested in order to adequately review and process the
application. The planner in charge of the review will request the information from you directly.
If you have any questions, please call Lance Clarke, the planner assigned to your case, at 920-5452.
Sincerely,
Bonnie Waechtler
Administrative Assistant
f
~4~x~
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen; Colorado 81611
(970) 920-5526
Pitkin County
Land Use:
172 Board of Adjustment
159 County Land Use Code
•:.
174 Flat Fee ~ ~ ~~--~ "
162 Zoning. and Sign
lb9 Public Notice+
160 Planning Enforcement.
175 Hearing Officer
Referral Fees:
210 Airport
LUCO1 County Clerk
211. County Engineer
194 Environmental Health
208 Historic
198 Housing
190 Land Management
209 Redstone HPC
206 Wildlife Officer
Building Fees:.
170 Board of Appeals..
105 Building Permit
120 Electrical Permit
195 Energy Code Review
115 Mechanical Permit
150 Plan Check
110 Plumbing Permit
130 Reinspection
152 AVFD Fire Marshal
158 BFD Fire Marshal
Dther Fees:
155 Use Tax
165 Copy
PZ005 Master Plan Copy
185 Park Dedication
IS GIS Requirements v~ ~\
161,, Housing Impact Fee ...J ~~
B 1202 Road Impact Fee
B1203 School Impact Fee
,J 2~ ~ , ,
TOTAL t v
;. t
P
NAME ' ~ ~ ~ €' 1
ADDRESS/PROJECT ~ r, - `~`
a
' ,,. ~ _ ~~~.a ,
PHONE: . ~ r ~ ~ ' ~ # ( .
CHECK#
CASE/PERMIT#:
DATE: -- ~ . ",- i INITIAL: _
NQ
1) o Found No.5 robar with plastic cap stamped L.S. 9184
# Found Na.5 rebor with plastic cap stamped LS 15710
ri Set No,5 rebor with plastic cap stamped L.S. 201JJ
This survey does not represent 0 title search by this surveyor to determine
ownership or to discover easements or other encumbrances of record. Ald information
tion
0
pertaining to boundary information was token the from FIA644 PLAT BRAUN SUBDIVISION
as filed for record at Book 41 Page 21 & 22 on 20th Dec. 1996 and the Boundary
and Fence Agreement recorded at Reception No. 512719, recorded do , 22, 2005, all
in the Office of the Clerk and Recorder, Pitkin County, Colorado.
J) 6Wonngs are relative to a bearing of 568'39107"E 527.45' on the line between a
Na.5 rabar with cap .stamped 15 9184" and a No.5 robar with cap stomped IS
,9184" as shown hereon.
4) This map is a compilation of field surveys completed on 12111101, 2120102,
$I28102, and 712005.
5) bearings herein ore based on the northerly line of said Section 16 between J'
Aluminum cap monuments found at the Northeast corner and North M corner, said
line bearing AW9'36'33V, 2661.15 feet.
T
2D d A PLA T
VICINITY MAP
ScAl"p, I "=2000 '
1111 Jill 537 357 7
1
0:00$
JANIM' K VO$ 4AM4.1. PITKIN COUNTY CO R 11,00 D 0.00
L07"2 ELAM SUBDIVISION
Hook 1,5, page 47
FOUND J" ALUM CAP ... . ........ ...... - -4 . . ..... ... .......
STAMPED "1988 114
S,9 S. 16 LS 15710" ON
PIP4" FOR THE" IV 114
COR, 5:16, T 9S. N 893633 0 W 84SIS OF 8LARINGS
Zee 1. 11'
N J� DIA.
FOUNO NO. 8 REOW W
A444MMM CAP SAMAVO ILS 1571
..... .... -1`&TFi4R� A?hPAAPW, R&4 I PROPMY AWKED F(W THE N4
CORI. $CC. 1A of?'$ft 0h
"44 AC.",' ................. C4
Waterfowl Enhancement Area
IrAm= f Acmas
SCHOOSCHOOL 8US F? O
L r
J
QQdff4(Q9d2a Ag pre$ervation Area
Know all men by these presents that William broun, being the sole
owner, of that certain parcel of land in Pitkin County, Colorado, known
as mw PLAT" ORA41N $44001WWON, mcOrd*d In sold Pitkin County
records at Book 41 Page 21 and 22 on 26th Dec. 1996, does h*1`00
execute and record this 2nd AMENOW PLAT BRAUN SUbVVIWN for the P
following purposo,*
1. 7b show the easterly Fine of the Broun Subdivision as described in Little Woody Creek
-e Ag
the Boundary and Fence , ooment, recorded at Reception No. 512719
Pitkin County, Colaro,00, records and as
on July 22, 2006, in the
surv*wd in .06(, 2005 and to correct the land description for the
Final Plot Braun Subdivision as a result.
'W Now
Certification of Ownership. 1 1
2. To correctly state that the solo owner is William Braun in the
X
This 2nd Amendment is intended to reflect onty the awnorship of the
orainabove. The A tract of land situate in Sections 9 and Iii, hiwrishio 9 South, Range 85 West
proo* shown hereon and the purposes described h Pitkin
Final Zot Braun Subdivision, as amended by the 1st Amended Plot of the Sixth Principal Meridian, being a poft of lot 2, 4iom Subdivision,
in full force and effect. y described as follows.,
Braun Subdivision, shall otherwise remain County, Colorado, being more particularly
8eginning at a point on the southar4v ight,-of- 'y line of a county road 4 from
day of aois N09'17'21"E, 278.2J feet,
Executed this --- — -- ------------ 2007 whence the northeast corner of Section 16 6
thence along said southerly right-of-wav Ane tho following 12 courses and Vk
curves. $eC05'471W, 165.84 feet; thence 229,0 feet along the arc of a curve
C
to the right having a radius of 48788 toot, a control angle of 27'00'Jl' and a
Wiftm 8mjvn --- chord A1807J57V, 22Z#6 hwt; thence N66'5,3'41'* 201.7'9 L
Fong chord which boors
feet; thence N68'33 '50 "W, 179.99 toot; thonov 296.84 foot along the arc of a 9 J 0
having angle of JI*45'56" �5r 1a
a radius of 5AI,41 foot, a central
our" W V
and a long chord which boors N84 26'48" 29,105 feet, thence 579'40'14'W,
199,5'3; thence 530,43 feet along the orc Of o curve to the right having a
radius of 88,325 feet, a control angle of 34'24'52" and a long chord which
boors N83"07'30"W, 522,50 feet; thence Wi,"Y 0'14"W, 277.52 feet; thence
N61*58'11V, 220-44 feet; thence 111,06 foot along the arc of a curve to the
left having a radius of 180.40 feet, q control ongle of 35*16*21' and a long
chord which boors N79'J6'22W, 109,31 loot; thence S82'45'28 W, 76-95 foot;
thence 364.33 feet along the am of a curve ter the right having a radius of
71718 feet, a control angle of 29*06V' and 0 long chord which boors
N82*41'211W, 360.42 feet to a point on tho southwest line of said Lot 2; thence
along the southwest line of said Lot 2 the fiWowing courses: 525',3.3'14 "4; 40151
feet; thence $70*55'12'r 394-26 foot; thence S'68*39'071F 52Z45 foot; thence
S56*JJ'16T, SJ8.74 feet; thence S5X214614, 4,54-89 feet; thence N81'18'38 4,
40*.36 fwt, thence N63'51W"4; 218,,144 toot; thence S84*47'3214, J05-29 feet to
the easterly line of Government Lot 6 of said Sectibn 16; thence A00*30*00*W
1789 foot; thence deporting said easterly line N89*3O'00'F, 19.05 feet to a
point on the lino of a Boundary and fani,,o Agreement oo recorded at Reception
No. 512,719, Pitkin County records, thenew Wong said Boundary and Fence
Agreement &?o NOO*13'30'W, 594.69 foot to a point on the southerly
right -of -way of 0 county rood,, thence alting said southerly nght-of-woy line
S86*05'47V, 18-63 feet to the Point of l"109ttining, said tract containing 35.42
acres, more or loss.
7
6 Notary Public Certificate.,
State of Colorado
ss.
County of Pitkin
19 1
The fore , o lostrum&nt was acknowledged before me this
day of "F4"'a 2007 by Wl#om firoun.
W
N e
Notary Public
I According to Colorado Low, you Most
commence any legal action based upon onv
defect in this survey within threat years after
you first discover such defect, In no event
may any legal action based upon any defect
in this survoy be commenced rnare than ton
years halo the dote of the certification shown
6 hereon.
ISCHMUESER GORDON MEYER
I 18 W. 45TH 5TREET, SUITE 2('N"')
GLENWOOD SPRIN,05, COLORADO 8' 1 (30 1
(97(x) 945-1004 FAX (970) 045-5948
A$f*EN, COLORADO (970) 025-6727
SCHMUESER I GORDON I MEYER CRESTED BUTTE, CO (970) 349-5355
ENGINEERS & SURVEYORS E•mail: survey@sgm-ine.com
I
4 Kendrick C. Noubecker, being a Registered tend Surveyor h7 the State
of Colorado, Op heroby owtify hot this 2nd AM67400 PLAT 8*%4VN
SU801WSION correctly represents the results of a sur"Y made under my
direct responsibill(K supervision and chocking, which Survey was prepared
in accordance with Article 51 Title J8 of the 0"Mdo Rovi$00 StOtut0s,
and that this Plot contains all the information required by Colorado
Revised Statutes j8-3,3.3 -R09- SVnW PrOol eater than 1:10,000.
q, 4
Field boundary survey was completed 09h /06V 2006-
Kendrick F. NOU4060*0r, PtS 2025
W
a W
PW
Waterfowl Enhancement Area
'11 N's I - I-fj:-x5r�
4 4407
Dote
Pit) 44 ZAP1,1fir- IUI- (-)q'- C)r-) 1
025- <Y4
agwiepmeat Q=tac
rhis 2nd AM4iVD60 PLAT BRAUN SUBDIVISION has been approved
b the Rvtkir'n Co my Community Development Director on this
day of 2007 m.
Pitkin County, Community Development Director
Rkw$av
Al LLC
0 LbaaK as toy
&U,1007 and Fonce
Apmemont, RftVn*d
at Itmaaprtian
Found Rebor
and Plastic
Cop Number
4 53.40st
'V
It b 4
This 2nd A4fCNDk-D PLAT RR,4UN SUOVIVI N has been accepted for
filing in the office ?,f, the Clerk and Rxeordi r of Atkin County,
5
C 2@7 h? Plot Book
112
To c
at ago as Reception , _77
on this day Of
By 14444-
Clerk onR order
NO. 941850-011
rn by, KN I
Date, uec. lzuU0
Approved. OF
k)l t 41" -, I to 1,
c"ona VCS Ws - 01