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pitkin.planning.264321305001, 264321302002 (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 DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, GRANTING A SUBDIVISION EXEMPTION FOR A LOT LINE ADJUSTMENT BETWEEN LOTS I AND 2, BLOCK 7, FILING 1, BRUSH CREEK VILLAGE SUBDVISION (OWNED BY MICHAEL A. VERNON AND LARRY JONES) Administrative Decision Nq~_-2007 RECITALS 1. Michael A. Vernon and. Larry Jones ("Applicant") have applied to the Community Development Director ("Director") to formalize the transfer of 6,351 square feet from Lot 1 to Lot 2. The land was transferred via a deed recorded on August 20, 1982 in Book 431 at Page 370; however, a lot line adjustment plat was not recorded. 2. The lots are located on Medicine Bow Road, and are described as Lots 1 and 2, Block 7, Filing 1, Brush Creek Village Subdivision. 3. The lots contain 2.937 and 2.825 acres, respectively, and are non-conforming size lots in the AR-10 zone district. After the adjustment the lots contain 2.791 and 2.971 acres, respectively. 4. The Director finds that the request is consistent with the applicable requirements of Sec. 2-30-20.g.4 of the Land Use Code: the lot line adjustment will not create an additional lot, increase floor area for either of the lots, or create a lot substantially different in size for development or resale purposes, and the lots will remain nonconforming as to size. APPROVED by the Director, subject to the following conditions: 1. Within 90 days of the date of this approval and prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a lot line adjustment plat and amended subdivision plat for Lots 1 and 2. The above referenced approval shall be a condition precedent to finalization and recordation. The mylar copy of the plat must be signed by the owners prior to submittal for recording. The plat shall be amended as follows: A. Clearly specify both the old and new lot sizes on the plat (draft plat shows the original lot size for Lot 1 and the resulting lot size for Lot 2). B. Add "Vernorl/Jones" to the title. C. Add the following to the end of the Community Development Director's signature block: "subject to Administrative Decision No. _-2007 recorded as Reception No. ." 2. The Applicant shall adhere to all material representations made in the application. APPROVED by the Director, this 2„~ day of , 2007. Cind~H~u~en, Community Development Director P028-07 PID #26432310001 & 264321305002 ~~~~~~ Page: 1 of 1 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 05/04/2007 03:03F D 0.00 Page 1 of 1 Lance Clarke From: John Ely Sent: Tuesday, October 09, 2007 1:10 PM To: Lance Clarke Subject: RE: lot line adj. in Brush Creek just talked to the atry ; he understands the situation , no permits for anyone until the plat is fixed; but they are playing around with a potential driveway reallignment so it might take them a little while Confidentiality Notice This a-mail transmission and any accompanying documents contain information belonging to [he sender which may be confidential and legally privileged. This information is intended only for the use of the individual or entity to whom this e- mailtransmission was sent as indicated above. If you aze not the intended recipient any disclosure, copying, distribution or action taken in reliance on the contents of the information contained in this a-mail transmission is strictly prohibited. If you have received this transmission in error, please call us collect to arrange for the return of the documents to us at our expense. Thank you John M. Ely Pitkin County Attorney 970-920-5190 From: Lance Clarke Sent: Tuesday, October 09, 2007 11:48 AM To: John Ely Subject: lot line adj. in Brush Creek The atty. who represents the gentleman who is reticent to sign the lot line adjustment is Preston Fox. 920-0105. The client is a Mr. Schaldach. This is the issue where Larry Jones can't get the client to sign a lot line adjustment plat even though the deeds have been exchanged for years. You indicated you would be willing to call the atty. w ~ ,~,. ~'c~Co~'D/~ilonl ~nl ~~`-~ vb' /~- ocoF,~z U-I' IZ 10/9/2007 ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DII2ECTOR OF PTTKIN COUNTY, COLORADO, GRANTING A SUBDIVISION EXEMPTION FOR A LOT LINE ADJUSTMENT BETWEEN LOTS I AND 2, BLOCK 7, FILING 1, BRUSH CREEK VILLAGE SUBDVISION (OWNED BY MICHAEL A. VERNON AND LARRY JONES) Administrative Decision NQ~-2007 RECITALS 1. Michael A. Vernon and Larry Jones ("Applicant") have applied to the Community Development Director ("Director") to formalize the transfer of 6,351 square feet from Lot 1 to Lot 2. The land was transferred via a deed recorded on August 20, 1982 in Book 431 at Page 370; however, a lot line adjustment plat was not recorded. 2. The lots are located on Medicine Bow Road, and aze described as Lots 1 and 2, Block 7, Filing l; Brush Creek Village Subdivision. 3. The lots contain 2.937 and 2.825 acres, respectively, and are non-conforming size lots in the AR-] 0 zone district. After the adjustment the lots contain 2.791 and 2.971 acres, respectively. 4. The Director finds that the request is consistent with the applicable requirements of Sec. 2-30-20.g.4 of the Land Use Code: the lot line adjustment will not create an additional lot, increase floor azea for either of the lots, or create a lot substantially different in size for development or resale purposes, and the lots will remain nonconforming as to size. APPROVED by the Director, subject to the following conditions: I. Within 90 days of the date of this approval and prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a lot line adjustment plat and amended subdivision plat for Lots I and 2. The above referenced approval shall be a condition precedent to finalization and recordation. The mylar copy of the plat must be signed by the owners prior to submittal for recording. The plat shall be amended as follows: A. Clearly specify both the old and new tot sizes on the plat (draft plat shows the original lot size for Lot 1 and the resulting lot size for Lot 2). B. Add "Vernon/Jones" to the title. C. Add the following to the end of the Community Development Director's signature block: "subject to Administrative Decision No. = 2007 recorded as Reception No. 2. The Applicant shall adhere to all material representations made in the application. APPROVED by the Director, this 2~1 _ day of, 2007. Cind~H6u`~ien, Community Development Director P028-07 PID#264323105001 & 264321305002 !~ rr~~ }} (n~ 1111111 IIIIIIIIIIIVIII 111111 VIII IIIIIIIIIIIIIIIII IIII 5 04 Z©7~ 03:03F U tS ~1F U~ 0 R 0.00 D 0.00 MEMO FROM 1 ,~ R p $- \~~ Larry Jones ~~ .., ~~~ ° .. ~~ .~o-Z v~o--vt, J UU (/ ~~ ~~ ~_ ~^~ ~," ~ ~ ~~ipc~co:~ i. ~ ~,~ ~~ c~ ~~~ ~~ . ~ ~, ~~~~~~ ~~~ ,)°~ ~ Ren! Frtrt6e nn Hagfin~ (bvxr~~A BJ~ADAMS ANn COMPANY September 9, 2007 Ms. Cindy Houben Community Development Director Pitkin County, Colorado 130 South Galena Aspen, CO 81611 Re• Brush Creek Village Lots 1 & 2 Block 7 Filing 1 -Lot Line Adjustment Dear Ms. Houben, This is to protest the 1041 Approval for Brush Creek Subdivision, Lot 1, BIl Icy ', Filing 1 approved on July 12, 2006 (attached) and any future building ~>ermit applications that may be submitted for this property. On September 31, 2006, I purchased the home at Brush Creek Village, I_L,t 2, Block 7, Filing 1 plus a small sliver of land that was originally part of the adjacent Lnt 1 of the original Brush Creek Village Plat. The sliver of land was transferred and deeded from Lot 1 to Lot 2 on August 20, 1982 to clean up an encroachment between the then owners of Lots 1 & 2 (Michael Vernon and Reto Morosani). Although they transferred title to the property and recorded the deed, they did not formalize the process and complete a Subdivision Exemption for a Lot Line Adjustment. through the County. ti Lot, owned by Michael Vernon, is a vacant lot. On May 16, 2006, Vernon applied fora 1041 Hazard and Ridgeline Review in order to eventually gain the right to build. On July 12, 2006 Vernon was granted a 1041 Approval. Attached is a copy of the 1041 Approval. However, the 1041 was erroneously granted based a survey that indicated a Lot Line Adjustment that had not been properly granted by the County and was overlooked by the Hearing Officer. The Lot Line Adjustment should have gone through the process and been granted prior to the 1041 Approval. ASPEN - 534 8. HOPKMS Ave>vue ~ Asren, CO 81611 ~ 970.922.2111 ~ Pax 970.920.2927 SNOWMASS VILLAGE - PO Box 6699 • 17 KenaNS Rueu • SNnWnnnss Vatnue, CO 81615 ~ 970.923211 I ~ Ps 9709: i 2 ~' ~~ 4 ~ ~2_ www.bjAdamsandCompany.com • email(~?bjaunet In February, 2007 Michael Vernon (owner of Lot 1) and I applied for a Subdivision Exemption for a Lot Line Adjustment in order to clean things up. On May 2, 2007, we received an Administrative Approval for the Lot Line Adjustment subject to submitting a Lot Line Adjustment Plat and an Amended Subdivision Plat for Lots 1 and 2. Attached is a copy of that Administrative Decision. On April 19, 2007, subsequent to applying for the Subdivision Exemption for the Lot Line Adjustment and prior to the Administrative Approval, Michael Vernon sold Lot 1 to a new owner, Gunter Schaldach. I have paid all of the associated fees and now have a Mylar of the Lot Line Adjustment Plat ready to be recorded. I have signed it. However, to my dismay, the new owner of Lot 1, Mr. Schaldach, is reluctant to sign the new plat so that I can finalize this process. I have tried to explain the situation to Mr. Schaldach and his Attorney, Preston Fox, but I do not think that they fully understand the County regulations and are non-responsive. My home was built in 1974. At some point, I will want to either remodel or build new. Likewise, Mr. Schaldach is planning on building a new home on Lot 1. Both will require a building permit. It is my understanding that the Lot Line Adjustment should be completed prior to a building permit being issued to either Lot. Nothing has changed or is changing between the property that I purchased and the property that the Mr. Schaldach has purchased. It is just that the Lot Line Adjustment that took place in 1982 was not formalized with the County and needs formal approval and to be recorded. I do not want to create any rift between myself and Mr. Schaldach. However, until he fully understands and agrees to help finalize the Subdivision Exemption for a Lot Line Adjustment for both of our benefit, I must protest the 1041 Approval for Lot 1 approved on July 12, 2006 and any future building permit applications that may be submitted for Brush Creek Subdivision, Lot 1, Block 7, Filing 1. Sincerely, Larry B,r~fsh Creek Village Subdivision, Lot 2, Block 7, Filing 1 ;, .. ~, , ~~`~' r^ m c W 3a a ~ a' a° ~ ~ _+ ? ~ G 9' V Q O C ~i "~ V. O f~ ~ H ~ n ~.~t/ j N ~ w T > ,~ x _ o ~ ~ L H ~j ~ s o N ~ 3.1 ~ ~ti Y Q O P °o T A {L: 0 fJ :~~inrCC 9 C .a ~ O v V O Q 6 Q U ~ .a 9 L r= h; d 0 v °' E K=~ ~9~ H a C 6 ~.J Q h id L ~ N Q. ~ O O - c o ..1 e c c 0 'O 6 pQ O ..1 G E ~ ~ 9 V c RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, FINDING A TAKING AND REMEDIATING THE TAKING FOR THE VERNON 1041 HAZARD AND RIDGELIKE REVIEW Resolndon No.O&~ -2006 /1/~tGa~ RECITALS 1. Vernon ("Applicant's applied to the Pitkin County Hearing Officer for 1041 Hazard Review and Ridgeline Review to establish building and development envelopes to construct a single family residence and access. 2. The parcel is located at Filing 1, Block 7, Lot 1 of Brush Creek Village, PID# 2643-213-OS-002 3. The parcel contains approximately 2.8 acres and is non-conforming in size in the AFR-10 zone district, 4. The parcel was legally created and is pail of the BOCC Bmsh Creek Village. 5. The Hearing Officer denied the request at a public hearing on May 161h, 2006 pursuant to Hearing Officer Determination 25-2006. The Hearing Officer found that the proposed driveway to the proposed building envelope exceeds disturbance of an area of 30% slope for mare than 100 linear feet. In accordance with Subsection 3-80-050(c)(1)(e) of the Code, development is prohibited in this area. 6. The Applicant submitted a request for a takings determination pursuant to Sections 3-290, 4-150 and 5- 220 of the Land Use Code on May 25, 2006 and May 31, 2006 to determine whether the Hearing Officer's denial of the application constitutes a taking of private property without just compensation. 7. The BOCC considered the takings request at a regular meeting on June 14th, 2006. 8. The BOCC determined that a taking had occurred pursuant to Sections 3-290 and 4-150 of the Code, based on the following fmdings: A. There is no way to access the property to a 1041 Hazard free building envelope without traversing slopes 30% or greater for more than 1001inear feet and; B. The denial constitutes a taking of all reasonable use and economic return from the subject property. 9. The BOCC considered the remediation at a regular meeting on July 12, at which time conditions of approval were accepted for development on the property. NOW, THEREFORE, BE IT RESOLVED by the BOCC that the denial of the Vernon 1041 Hazard and Ridgeline Review and Conceptual Submission constitutes a taking pursuant to Sections 3-290 and 4-150 of the Pitkin County Land Use Code. BE IT FURTHER RESOLVED by the BOCC that it does hereby Iemediate the taking by granting approval of the Vernon 1041 Hazard and Ridgeline Review subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the 1041 Hazard and Ridgeline Review. 2. Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a 104] Hazard Review Site Plan in IIIIIIIIIIIIIIIIIIIIIIIIuIIIIIIIIIIIIIIIIIIIIIIIIIIIII 5974a s et:a~~ ,1PNICE K VOS CPUDILL PITKIN COUNTY CO R 0.00 D 0.00 BOCC Resolution No.t~-2006 Page 2 accordance with Land Use Code Section 5-70-040. The above referenced approvals shall be a condition precedent to finalization and recordation. The ]041 Hazard Review Site plan shall also incorporate the following changes: A. The building envelope shall be redrawn to comply with the recommendation of the wildfire expert to establish a 35 foot buffer area fiom the western property line to properly thin vegetation and mitigate for the severe wildfue hazard. A development envelope shall be drawn from the westem edge of the building envelope to the western property line and shall accommodate wildfire mitigation, landscaping, and a potential septic system. B. The development envelope, as delineated on the draft site plan, shall be renamed to an "access envelope" and shall be drawn to only incorporate the area for access construction, engineered mitigation, and re-vegetation of disturbed areas due to access construction. C. A note shall be included on the site plan near the northern portion of the building envelope where slopes exceed 30% that states, "No development other than what is necessary for landscaping, septiq utilities, access, and wildfire mitigation shall be permitted in this area." 3. Prior to issuance of a building permit application for the residence, the Applicant shall: A. Submit engineered foundation wall plans that address developmeth on Mancos Shale and expansive soil for review and approval by the Community Development Department and the County Engineer. The engineered foundation shall also be constmcted to adhere to the IRC 2003 with Seismic Risk Zone C standazds incorporated. Engineered foundation plans shall demonstrate that the design and construction stabilization measures are adequate to mitigate any slope stability and shrink-swell properties. B. Complete a fireplace/woodstove registration form with the Community Development Department, if necessary. C. Submit an access/dtiveway plan designed by a certified Colorado engineer acceptable to the Planning Engineer to construct a driveway that addresses the load and stress of an access that traverses slopes in excess of 30% for the required length to reach the residence. The access/driveway plan must meet Pitkin County standards and the Aspen Fire Department standards. D. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. E. Submit a detailed revegetation plan acceptable to staff for disturbed areas from construction of the residence. F. Submit a construction management plan for review and approval by the County Engiacer showing the locations of staging, material storage and employee and construction traffic pazking. G. Pay the applicable road and employee housing impact fees. 4. Prior to submission of a building permit application, Applicant shall apply to the Board of Adjustment for any variances requrred. Approval of this Resolution does not insure approval of any requued variances. 5. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the comers of the building envelope and install construction fencing around the perimeter of the building envelope. The fencing shall remain in place untIl a Certificate of Occupancy is issued for the residence. 6. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standazds: A. Within 15 feet of all structures, only hardscape surfaces, low growing perennials, flowerbeds, cut gross and deciduous, well-trimmed and irrigation plants shall be installed. Woody vegetation shall not be I IIIIU VIII IIIIII IIII VIII IIIIIII VIII III VIII IIII IIII 5 G 74906 O1 37{ JPNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00 ~~ty;> li~ BOCCResolution No~-2006 Page 3 plamed within this area. Firewood or other combustible materials should not be stored within this area. Ornamental trees are permissible if the 15 foot defensible space area is extended outward from the furthest growth expected from the mature trees. B. Beyond the I S' area up to 35' or to the property line if less than 35-fee[ up slope and cross slope; and 65' or to the property line if less than 65' down slope, maintain natural and/or irrigated grass less than 6 inches and thin existing trees and brush into individual or clusters. Oak, juniper, and servicebeny should be thinned and clustered. Limbs shall be pruned to one half the height of the tree or 10 feet, whichever is less. C. Clusters of bushes or shrubs shall be separated from each other and from those outside of the 35 foot and 65 foot perimeters by a distance of 2 h times the height of the mature vegetation. The diameter of a cluster shall be limited to 2 'h times the height of the mature vegetation. D. All branches that extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. E. Thin and remove lower branches of brush and shrubs within clusters or individual plants to eliminate ladder fuels. Stumps and ends must be painted with Gardon or an equivalent herbicide to prevent aggressive re•sprouting. Cut materials should be either removed or chipped and spread. F. The Applicant shall be responsrble for the continued maintenance of the defensible space vegetation requirements. G. All deadfall within 100 feet of the structure shall be removed. 7. The Applicant shall comply with the following structural design and construction options: A. Projections (Heat Traps): 1) No portion of the building shall be constructed with unenclosed projections such as decks. Eaves should be kept to a minimum on the down slope side and on the aides and should not have ventilation openings. 2) Any projections (which include but are not limited to eaves, cornices, soffits and roofs over open decks) shall be sheathed with materials approved for 1 hour fire-resistive construction. 3) Any alternative wnstruction method for such projections would require use of noncombustible building materials, or heavy timber or log wall construction, if the underside of the projecting portion is covered with materials approved for one hour fire resistive construction and if there are no inside angles of less than 75 degrees. Areas below such projections shall be void of vegetative or other combustible materials. These areas below projections shall be protected from accumulation of vegetative materials by placement of a vegetative barrier covered with rocks or gravel ar by coverage with concrete or stone. There shall be no storage of combustible materials under projections. The walls underneath projections shall be constmcted with materials approved for 1 hour fire-resistive construction on the exterior side of the wall. Window openings in walls below projections shall be tempered glass. Doors shall be noncombustible or 1 3/4" solid wood. B. Windows and Glass: Glazed openings shall be provided with closable, solid, exterior non- flammable shutters or shall be tempered glass. C. Exterior Walls and Siding: Siding and exterior wall construction shall have a minimum ]hour fire- resistive rating ground level to roof line. Exterior doors shall be noncombustible or 13/4" solid wood. D. Foundations: Foundations, skirting and crawl space openings shall be fully enclosed and constructed with materials approved for 1 hour fire-resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls. 8. The Applicant shall comply with the following additional wildfire mitigation measures: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIa 8974ae00et:a~r !~fAf l~. l: (1 V ~ BOCC Resolution No~l -2006 Page 4 A. Roofs shall be constructed with a Class A roof covering or a Class A roof assembly as defined in the International Building Code (IBC) Section 1505.2. Wood shake/shingle roof coverings are prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be listed as a Class A material and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. 3) All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the adopted building code and shall have a minimum slope of 1:48. 5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application B. Vents shall be screened with corrosive resistant wire mesh with mesh '/. inch maximum. C. Roofs and gutters shall be kept clear of debris. D. Yards shall be kept clear of all litter, slash, and flammable debris. E. All flammable materials and fuewood/wood piles shall be stored on a parallel contow a minimum of 15 feet away from any structure, F. Weeds and grosses within a 15 foot perimeter of all structwes shall be maintained to a height of not more than 6 inches. G. Swimming pools or ponds shall be accessible to Fire Department vehicles. H. Fences shall be kept clear of brush and debris. L Wood fences shall not connect to structures. J. Fuel tanks shall be installed underground with an approved container. K. Any outbuildings or additional structures shall adhere to the same standards as structures. L. Propane tanks shall be installed according to NFP A 48 standards and on a contour away from the stmcture with standard defensible space vegetation mitigation around any above-ground tank. Any wood encloswe azound the tank shall be constmcted with materials approved for 2 hour fire- resistive construction on the exterior side of the walls. M. Each structwe shall have a minimum of one ]0 pound approved ABC fire extinguisher placed in a visible and accessible location. N. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on anon-combustible post. O. New utility lines shall be buried within the driveway. 9. The Applicant shall comply with the following measures to mitigate impacts to wildlife: A. Native vegetation shall be maintained outside of the building envelope; B. Install and use bear proof trash containers, as required by the County Code; C. Avoid fruit-bearing trees and shrubs in any landscaping; D. Bird feeders, including hummingbird feeders, should be hung away from any deck or window, be least ]0'from the ground, and suspended between 2 trees or posts. Any seed feeders should include a seed catchment pan to catch discarded seed; E. During construction of the residence, it is recommended that food on the construction site be contained in locked construction trailers and NOT in vehicles. 10. No development, including grading, excavation, fill placement, driveway, turnaround, berms, landscaping, vegetation removal or disturbance, ISDS systems, entry or ranch gates shall occw outside of the approved building and development envelopes, with the exception of measwes to comply with the wildfire mitigation required herein. I IIIIII VIII IIIIII IIII VIII IIIIII VIII III VIII IIII IIII 5 °`74006 01 :37i JRNICE K VO6 CRW ILL PITKIN COUNTY CO R 0.00 D 0.00 ~E: ri! ~_a3 BOCCResolution No.t~-2006 Page S 1 I. Areas disturbed by construction shall be revegetated to limit water consumption and additional runoff within one growing season after completion of construction. 12. The Applicant shall comply with tbe codes and requirements of the Aspen Fire Protection District, including, but not limited to, provision of adequate access and a turnaround for emergency vehicles. 13. Failure to comply with these conditions of approval may result in revocation of this permit or any subsequent permits related to this property or vested rights associated with this property. 14. The Applicant shall adhere to all material representations wade in the current or prior applications or in pubhc meetings or hearings and shalt consider those representations to be conditions of approval, unless amended by other conditions. l5. Statutory vested rights for the approval contained herein aze granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on July 12, 2009. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES EKLY on the 16'" day of Apri12006. APPROVED AND ADOPTED this I Zb day of July, 2006. PUBLISHED AFTER ADOPTIR N FOR~ VESTED REAL PROPERTY RIGHTS in the Asoen Times Weekly on the~day of, 2006. BOARD OF COUNTY COMMISISONERS OF PfI'KIN COUNTY, COLORADO ,4-x.~r rc ~ E z~ /SOL G C (aP Y~.( 'ROVED AS TO FORM: ~" John Ely, Co rney Po27-06; PIpt2643-213-05-002 By !~~~~ 4Mic~k Ir~elja~n~d, Date _~~~~a~ APPROVED AS TO CONTENT: Cmdy ouben, Community Development Director IIIIIIIVIIIIIIIIIIIIIVIIIIIIIIIIIIUIIIVIIIIIIIIIII059~D 0 0001:371 p~ipqll, ~'r ~Ciu .. A_. ADNIDVISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DII2ECTOR OF PITKIN CBETVVE NL OT5IDAND 2, BLO K 7, FILING 1SBR'C7SH CREEK YILLAG SUBD~VI3ION,(OWNED BY MICHAEL A. VERNON AND LARRY JONES) Administrative Decision Nrl~-2007 RECITALS 1. Michael A. Vemon and.Larry Jones ("Applicant")have applied to the Community Development Director ("Director") to formalize the transfer of 6,351 square feet from Lot 1 to Lot 2. The lend was transferred via a deed recorded on August 20, 1982 in Hook 431 at Page 370; however, a lot line adjustment plat was not recorded. - 2. The lots are located on Medicine Bow Road, and era described as Lots 1 and 2, Block 7, Filing 1, Brush Creek Village Subdivision. 3. The lots contain 2.937 and 2.825 acres, respectively, and are non-conforming size lots in the AR-10 zone district. After the adjustment the lots contain 2.791 and 2.971 acres, respectively. 4. The.Director finds that the request is consistent with the applicable requirements of Sec. 2-30-20.8.4 of the Land Use Code: the lot line adjustment will not create an additional tot, increase floor area for either of the lots, or creafe a lot substantially different In size for development or resale purposes, and the lots wil I remain nonconforming as to size. APPROVED by the Director, subject to the following conditions: 1. Within 90 days of the date of this approval and prior to submission of any futuro building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a lot line adjustment plat and amended subdivision plat for Lots I and 2. Tha above referenced approval shall be a condition precedent to finalization and recordation. The mylar copy of the plat must be signed by the owners prior to submittal for recording. The plat shall be amended as follows: A. Clearly specify both the old and new lot sins on the plat (draft plat shows tho original lot sizo for Lot 1 and the resulting lot size for Lot 2). B. Add "V ernon/Jones" to tho title. C. Add the following to the end of the Community Development Director's signature block: "subject to Adminisirative Decision No. _-2007 recorded as Reception No. 2. "1'he Applicant shall adhere to all material representations made in the application. APPROVED by the Director, this ~1_ day of ~ 2007. Cind~Hb`u~en, Community Development Director P02a-07 PSD x264 32 3 1 09 00 1 & 264321305002 IIIIIIII ~IIII~uIN Ix1,I IlIl01 ~IIIIIIIII II~III~I III P 04/42007003:03F J4NICH K VOa CAI/DILL PITKIN COURTY CO R 0.00 D 0.00 ~~~i~1 Page 1 of 1 Michael Kraemer From: Larry [tarry@bjac.net] Sent: Tuesday, February 27, 2007 9:09 AM To: Michael Kraemer Cc: Roland Subject: My Contact Information Michael, Thanks for your help with the Brush Creek Lot Line Adjustment. I look forward to getting the issue resolved. Following is my contact information up till March 23. After that, my assistant Roland Weissman will be covering for me for about 2 months. The office number for Roland is the same and his cell phone is 948-6772. Also, thanks for the chocolate cake. It reminded me exactly of the birthday cake that my mother used to bake for me. Larry Jones Broker Associate, GRI bj Adams ana Company Real Estate PO Box 6699, 17 Kearns Road Snowmass Village, CO 81615 970.923.2111 ` 970.923.2358 (fax) 970.379.8757 (cell) mailto:larrv(a~biac. net www. BJAdamsandComoa nv. com 0 o U 0 0 2/27/2007 PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Michael Kraemer PHONE: 970-920-5482 E-MAIL: michaelk(a~co.nitkin.co.us DATE: 8/21 /06 LOCATION: Brush Creek Subdivision ZONE: AR-10 Lots 1 and 2, Block 7, Filing 1 PARCEL ID #'s: 2643-213-OS-002 (Lot 1) 2643-213-OS-001 (Lot 2) APPLICANT/OWNER: Larry Jones PHONE: 923-2111 Type of Application: Subdivision Exemption for a Lot Line Adjustment. E-MAIL: larrvCa,bi ac.net Description of Project/Development: Applicant proposes to adjust a lot line for two adjacent parcels located in the BOCC approved Brush Creek subdivision. The Applicant has stated that a lot line adjustment has been recorded with the Clerk's office. Pitkin County Land Use Code: • Sec. 2-30-20(g)4: Lot Line Adjustment; Review By: Community Development Director. Public Hearing? NO. Staff Will Refer Application To: Brush Creek Metro District, Zoning. FEES: $924 (make check payable to "Pitkin County Treasurer") ^ Planning Office flat fee: $924 (non-refundable; based on 4 hours of staff time; if staff review time exceeds 4.8 hours, the Applicant will be charged for additional time above 4 hours at a rate of $231/hour) To apply, submit the Fee specified above and 3 conies of each of the following documents, unless otherwise noted: 1. Summary letter explaining the request and addressing compliance with the Code sections listed above; 2. 24" by 36" Subdivision Exemption Plat as designated in Section 2.1.13 of the Pitkin County Land Use Application Manual; 3. Proof of ownership of subject properties; 4. Summary of previous land use approvals; 5. Parcel descriptions, including legal description and vicinity map; 6. Total fee for review of the application; 7. Signed fee agreement (1 copy); 8. Consent from owner(s) to process application and authorizing the representative, if applicable (1 copy); 9. Copy of this preapp form (1 copy) NOTES: - PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). PARCEL ID MUST APPEAR ONALL DOCUMENTS INCLUDED IN YOUR APPLICATION. - The Pitkin County Land Use Code is available on-line at www.aspenz~itkin.com. 000002 This Pre-Application Conference Summary Sheet is advisory in nature and not binding on the County. The information provided in this Summary Sheet is based on current zoning standards and the staff's interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application and site visit(s). 000003 ~, ,` ~,.. .~ ~~~ •' BJ~ADAMS AND COMPANY February 12, 2007 Mr. Michael Kraemer Community Development Director Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Brush Creek Village Subdivision Lots 1 and 2, Block 7, Filing 1 Subdivision Exemption for a Lot Line Adjustment Dear Michael, This provides an Application for a Subdivision Exemption for a Lot Line Adjustment for Brush Creek Village Subdivision, Lots 1 and 2, Block 7, Filing 1. I recently purchased the home and property described as Brush Creek Village Subdivision, Lot 2, Block 7, Filing 1 together with a small portion of Lot 1 described as follows: Commencing at the Northeast corner of Lot 1, Block 7, First Filing, Brush Creek Subdivision; thence South 26*30'37" West 97.29 feet to a point; thence North 54*28'37" East 278.42 feet along the common lot line between Lot 1 and 2, Block 7 First Filing, Brush Creek Village, Subdivision„ to the Point of Beginning. The small portion of Lot 1 as described above was conveyed to Lot 2 by the owner of Lot 1, Michael A. Vernon and Suzanne E. Schuab to Reto Morosani, then owner of Lot 2 via warranty deed dated August 10, 1982. The deed was recorded August 20, 1982. However, they never went through the formal process of applying for a Lot Line Adjustment with Pitkin County or the Brush Creek Village Subdivision and an Amended Platt was never recorded. The purpose of this application is to clear up this matter. Enclosed are the following: - 3 copies of a survey of the properties - 3 copies of the deeds for both Lots 1 &2 showing ownership - 3 copies of the deed conveying the parcel in question to Lot 2 000004 ASPEN - 534 E. 1lOPKINS AvarrvE ~ ASPEN, CO 81611 ~ 970.922.2111 • Fax 970.920.2927 SNOWMASS VILLAGE - PO Box 6699 • 17 KEnxrrs 1ZOAD • SNOWMASS Vacncs, CO 81615 = 970.923.2111 ~ Fax 970.923.2927 www.bjAdamsandCompany.com • email@bjac.net - 1 copy of letter of consent granting permission by Lot 1 owner, Michael Vernon, to apply for the Lot Line Adjustment - There were no previous land use approvals, therefore there is nothing to include for this section - 1 copy of fee agreement - Check for $924.00 to Pitkin County Treasurer. Please let me know if there is anything else that you may require. I look forward to getting this matter resolved. 000005 Sincerely, PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE. APPLICATION FEES PITKIN COUNTY (hereinafter "COUNTY") and Lt1RR~€ JONE6 (hereinafter "APPLICANT") AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for Subdivision Exemption for a dot Line Adjustment (hereinafter, the "PROJECT"). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 32-2002 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 the COUNTY. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed PROJECT, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ A~ ~ _ nn which is based on 4 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 LARRY JONES ("APPLICANT") LARRY JONES (~~'op~~ty Owner) Print Name and '1~i~e (if applicable) Date: Mailing Address: fox 17103 Snowrnass Village, CO 81615 ooooos December 1, 2006 Mr. Michael Kraemer Community Development Director Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Brush Creek Village Subdivision Lots 1 and 2, Black 7, Filing 1 Subdivision Exemption for a Lot Line Adjustment Dear Michael, l am the current the owner of the property described as Brush Creek Village Subdivision, Lot 1, Black 7. This provides permission for Larry Jones, the owner of the adjoining property, Brush Creek Village Subdivision, Lot 2, Black 7, Filing 1 to submit, on my behalf, an Application for a Subdivision Exemption for a Lot Line Adjustment far Brush Creek Village Subdivision, Lots 1 and 2, Block 7, Filing 1. Sincerely, ~~~-~ Michael Vernon Ut1~UU~ 521@~ TRANSFER QECLARAII4N RECEIVED 08/31/20Q6 528 ~ ~8 Page: 1 of 5 08/31/2006 02:27 JANICE K VOS CAUDILL PITKIN COUNTY CO R 26.00 D 133.00 WHEN RECORDED RETURN TO: Name: Larry Jones Address: PO BOX17103 Snowmass Village, CO 81615 WARRANTY DEED ~ 33.00 THIS DEED, made this 31st day of August, 2006, between John Allen Lichty and Nan Mullins Lichty of the said County of Mesa and State of Colorado, grantor, and Larry Jones whose legal address is PO Box 17103 Snowmass Village, CO 81615 of the said County of Pitkin and State of Colorado, grantee: WITNESSETH, that the grantor, for and in consideration of the sum of Ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the said County of Pitkin and State of Colorado described as follows: See "Exhibit A" attached hereto also known by street and number as: 1401 Medicine Bow Rd., Aspen, CO 81611 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with. the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are File Number: 4512904 Stewart'Title of Colorado, Inc. -Aspen Division Warranty Deed -Photographic Record (Individual) Page 1 of 3 oaooos grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrai~cea ar~d restric±ions of whatever kind or nature soever, except See Attached Exceptions The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. Jr~hTl~Allen Lichty ~ Nan Mullins Lichty 52$0$ STATE OF Colorado 0siaiiz00s 02:a7 C~ivTl~~T~ QF hitliin JANICE K VOS CRUDILL PITKIN COUNTY CO R 26.00 D 133.00 The foregoing instrument was acknowledged before me this 31st day of August, 2006, by John Allen Lichty and Nan Mullins Lichty My commission expires Apri121, 2007. Witness my hand and official seal. 1 _ aI P lic: illingham ,,.~.• l~OTA~`~ l~tl~l.I~~ '~ STATE ®F COLf3C File Number: 45129 Stewart 'Pitle of Colorado, Inc. -Aspen Division Warranty Deed -Photographic Record (Individual) (~ ('Pa{g'~e{2~.oQf 2 Qt1JUVJ 528 ~ ~!8 Page: 3 of 5 JAPJICE K VOS CAUDILL PITKIN COUNTY CO R 26.008f31D2133.00,3, EXHIBIT 1 EXCEPTIONS 1. Distribution utility easements (including cable Tom. 2. Those specifically described rights of third parties not shown by the public records of which Buyer has actual knowledge and which were accepted by Buyer in accordance with paragraph 8b of contract Form No. CBS 1-9-99 [Matters Not Shown by the Public Records]. 3. Inclusion of the Property within any special taxing district. 4. The benefits and burdens of any declaration and party wall agreements, if any. 5. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 6. Taxes for the year.2006 and subsequent years not yet due and payable. 7. An undivided one-half of all minerals in subject property as reserved by Robert M. Burlingame in instrument recorded August 26, 1959 in Book 188 at Page 390. NOTE: Quit Claim Deed conveying right of surface entry to owners of record from Robert M. Burlingame as to rights reserved above, as set forth in Deed recorded December 10, 1965 in Book 217 at Page 352 as Reception No. 122744. 8. Right of way for ditches or canals constructed by the authority of the United States and all the coal and other minerals, together with the right to prospect for, mine and remove the same, as reserved in patent for that portion of subject property lying in Lot 4, Section 28, Township 9 South, Range 85 West, recorded April 17, 1937 as Reception No. 88970 in Book 162 at Page 549. 9. Restrictions which do not contain a forfeiture or reverter clause, but omitting restrictions, if any, based on race, color, religion or national origin, as contained in instrument recorded January 19, 1966 in Book 218 at Page 206 as Reception No. 123147, and First Amendment thereto recorded October 20, 1972 in Book 267 at Page 975, and Second Amendment thereto recorded February 22, 1979 in Book 363 at Page 717 as Reception No. 212102. 10. Agreement b etween T he C ity o f A spen and Elay Corporation recorded August 8 1967 in Book 228 at Page 269 as Reception No. 128105. 11. Easements reserved in instrument recorded January 19, 1966 in Book 218 at Page 206, which are described therein as follows: "Perpetual Easements ten feet in width on each side File Number: 45129 Stewart Title of Colorado, Inc. -Aspen llivision Warranty Deed -Exhibit 1 (Exceptions) Page 1 of 3 00001~~ of the boundary line along the entire perimeter of each lot for the purpose of constructing, maintaining, operating, replacing, enlarging and repairing electric,. telephone, water irrigation, sewer, gas a nd s imilar 1 fines,pipes, w fires a nd c onduits a nd w alking a nd b ridle trails; provided however, in the event more than one lot or tract as shown on the plat is sold in one unit at one time, to be used as one unit, said ten-foot easement shall be around the perimeter of said lots or tracts sold as a unit and not around each individual lot or tract." 12. Terms, conditions and obligations as contained in By-laws of Brush Creek Landowners Association, Inc., recorded November 17, 1975 in Book 305 at Page 483 as Reception No. 179390 and in Articles of Incorporation of Brush Creek Landowners Association, Inc., recorded November 17, 1975 in Book 305 at Page 492 as Reception No. 179391. 13. Easements and rights of way as shown on the recorded Plat of Brush Creek Village in Book 3 at Page 62 and Amendment thereto recorded September 27, 1981 in Plat Book 6 at Page 31. 14. Terms, conditions, obligations and restrictions as set forth in Resolution No. 90-56 by The Board of County Commissioners, and in Brush Creek Water District Rules and Regulations attached thereto, recorded June 22, 1990 in Book 623 at Page 589 as Reception No. 323816 15. Matters set forth in Agreement between the Brush Creek Village Water District Albert C. Droste and May Droste, recorded June 6, 1991 in Book 647 at Page 848 and rerecorded in Book .July 15, 1991 in Book 651 at Page 545. 16. Terms, conditions, obligations and restrictions as set forth in Agreement regarding road use and maintenance, between Morgan 1Vlerrill and the Brush Creek Village Landowners Association, recorded March 21, 1989 in Book 588 at Page 236 as Reception No. 309841. 17. Terms, conditions and obligations as set forth in Decree creating Brush Creek Village Water District, recorded September 19, 1989 in Book 602 at Page 204 as Reception No. 315213, and Order Correcting Boundary Description of Brush Creek Village Water District recorded March.26, 1.990 ;.r. Book 616 at Page 898 as Reception No. 321210. 18. Terms, conditions, obligations and restrictions as set forth in Easement Agreement regarding access through Cozy Point Ranch recorded September 29, 1992 in Book 689 at Page 972 as Reception No. 349110, and Easement Agreement II as set forth in instrument recorded January 21, 1993 in Book 701 at Page 275 as Reception No. 353144. 19. Terms, conditions, obligations and provisions of Order Converting the Brush Creek Village Water District to the Brush Creek Metropolitan District as `set forth in instrument recorded January 20, 1994 in Book 739 at Page 359 as Reception No. 365975.. 20. Terms, conditions, obligations and restrictions as set forth in Resolution No. 211-96 by the Pitkin County Board of Commissioners directing county staff to address certain issues File Number: 45129 Stewart Title of Colorado, Inc. -Aspen Division ~~~ ~ ~~ Warranty Deed -Exhibit 1 (Exceptions) Page : 4 o f 5 Page 2 of 3. 08/31/2006 02 :27 Q O O (1 4 ~ JANICE K VOS CAUDILL PITKIN COUNTY CO R 26.00 D 133.00 regarding the Brush Creek Village Subdivision, recorded January 31, 1997 as Reception No. 401414. 21. Terms, conditions, obligations and restrictions as set forth in Resolution No. 99-89 by the Pitkin County Board of Commissioners authorizing Pitkin County to enter into an intergovernmental agreement with The Brush Creek Metropolitan District, recorded January 19, 2000 as Reception No. 439663. 22. Terms, conditions, obligations and restrictions as set forth in Resolution No. 99-90 by the Pitkin County Board of Commissioners authorizing Pitkin County to enter into a road maintenance contract with The Brush Creek Metropolitan District, recorded January 19, 2000 as Reception Iv'o. 439664. 528 ~ ~S Page: 5 or 5 JRNICE K VOS CAUDILL PITKIN COUNTY CO R 26.00 $/31p2033.00.27 File Number: 45129 Stewart Title of Colorado, Inc. -Aspen llivision Warranty Deed -Exhibit 1 (Exceptions) Page 3 of 3 QQV1~+ .. ~ ..~ 0 fi a.{ .. - ,, .. - ~ L.. If ".a •. ....._ Ai .. ;. ` ,~ .. , +~ ~ ~r• '~••~-Ri~t~it~,a!#6iiia'••„rnwrl~..'~.t'''~frN~+'w~~.nd"',,IJ'.if-',•saY++ltlll,'Fi~w[~rF'~~~,"L'"~Ci.~{S.. ~J~~ ~•'~- :: .. .. _,_ ... ...... .. - ttecoMed qt.»...» ......................... o'clock ...»M,~ ~ .....».»».. L, ~ 7& - _ Iiecoption N0. ......... ............................................................... »,. ,.,..~`«.......« ~)¢ ~j, .. ;' ~-----.--_ ...., 'mv1c~UUK YtJ.L i .ltr 3 7~ 4~ .~iN -- - „;, MICHAEL A. VERNON and SUZAN.NE E. SCHAUB ,?_ ~. 2~, Q ,:,... ~ . ,::. „- _ rise .. .. ,. tvh address is 0070 Pacific Ave. ,• Suite 1=A, ' lURE1 to BANNER ,~ Aspen 81621, County.of Pitkiti~ , State o[.. P!~'K!H Ct'Y..RECOROER '~ : 1'~ •i: ' Colorado --3" ~ ~' ,tar the consldcrntlon of TEN DOL ' Rc~, ~' t *~ ` AND•'OTHirR Gt)Ob AND 'VALUABLE CONSIDEItATIAN ?i~C ZU .3 b7 PSG 0~ h f~ i t. a .l • `• ~_••~~" dfs'0}Ffb, In hand paid, hcrebysell(~ and coned r ,E~' ~_: ~-;;~:i:~ v::oiyr r. RETO, MOROSANI , ~ ~ - -: , . •: }' ~'. :._"ji ,,i. whose legal addressls P,.;t), tBox 1045, Litchfield 06759 ~ Countjq,of~ '_w` ~vlt;kt~.,. ~ ..Litchfield - %.::~y ,,. k_;~;? ,and $tnto of .CT the tollowing:renl'property•fa the k' ` N e~ , ita~~... ~r,~r.: ~'~F,~~' ~ ~`/( . ~ ~ County of - ~~~' ' , Pitkin :and Stntc of Colorado, to wit: r~=~ ' ~.y~,.'.,S~J ~"~~I .Commencing at the northeast. corner of ~~' Lot 1, ;~~w-;; ,'.~,~r~:-; ~ I /' Block R;_First F31ing,. Brush Creek. Villa a ~'`°""',;:,. ' ;- ~(, Y/~-- Subdivision, Pitkin Count Colorado g '€t'~%~cv, '`~'' - • ~ 3..26°30'37"'.W. 97 Y, s Chence •. :r:~~w'; ° ~ ~~ 29' .feet„ l:o a point i. thence '~ ?:~ ~,•sL`• ~-:,~~,. i S. 67..48 44,: W.. 197.82. feet to .a point beitig the northwest earner of .said Lot ° s thence t? • ~'~ ~~' ~ ~,; ''' ~''y"f N 54°28'37"• 1;. 278. 42 feet along. the common ?~ ~~• ~•~~ i:i~`~t lot' 1i~ne between Lot 3• and Lot Z of .Block. 7, = p• `' .~ ~ First Filing, Brush Creek .Vi1'lage Subdivision; ' . ...,.: T.ic:~-w. to tiie_•ptint ofdbeginning, (Containing•t6351 t r' ;,~~; ..yi sgt{are feet more .or less) ~ an d$piceed oa 6xhibih ~. a: - '~ ~y - .. .'"A" attached. hereto and incorporated herein by this ... a~~i! ~w'k;~• ~ reFereace. ""~ o i • ::p.,, . .. SYRFE UOCUGiEpTARY FEE ~'~~ ', AUG2°0 99$2 ~~"'°~=, .., .. , ~:~~'~_ ., -_,,;.:_~ :. ., . c. d ..~0~.«...._... ~ ice"`.:;; zr - .. ., tvith alf lts a ~ '"'~ '~i' 4 y~ ppurtenances, and warrant(sd thn'tltle to the earns, subject to taxes far ,. ;4~ :1982 and subsequent years•i restrictions and ee,seatents of recazct. I =~ ,.n ~' ~ 's•,=,. ~ S[gned thls• lUy~. ~ ~ do of ~• tt- ' ,~,,._ • ''~ ~~. ~i ~ ..MICHAEL A....VEIiNON_»........«..........' ...... ~ j~~ a~;r.' u~~i `, ..... ,........... ~;; '.':.. -: .y ~' ... ..- .i: ; ~ • ~.. -';y~' •.~.• STATE OF COLORADd, UZAN ~E $, $p}lA ... ...~•'.""""'•"'........ ~ - O County of PITKIN The fore Ding instrument .was acknowledged before me this /O ~ ~`~~~~~' ~ day oE. - -:. 2 b MICHAEL i, Y A. 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' ... ^,' , • , ~ Q+ ... • .. • • • ~ - - 1ti~} :i _ ,~~! . ~• • • T i~ '~ ('( n t ba ,, .. ;,~~: "i:. •- •°~; ' ;~.. t, ''r - •. U::~. ~„e,,.•,,,,• w•.•r.,.,•uY a.. +,~.M,w...W~nw.,wwv.,IW~•~M~•~..~Mr,•••,wMn,+.rw~.Y..w~rY~wWw••~r Recorded at 1U:11Atn Sentatabnr 29, 1961 Loretta Donner. Recorder 2:D~(II~4 , Iterrphinn No, -- ..---__.~--.....__._ ----.. ___....._--..- .. ............. .. ..-.. _ lirrordrr. MILlNti NTA111' '1'luylltau, MndetlNa duycf °(1~' ''~ ~'"~ • lu , beurrrrr David A. Cole and Paula STATE QUCIIM[tITARY FEE a. cola efllte t'ounly,+f multitnlrnf S~P2 3 1981 L'rlut•ndn, ar tho firer part, and ~r Michael A. Vernon and Suzanne E. Schaub ~~•••••••~••d.'•••-•°•-•-••••••••••-•• n•lu,ar' leant nrldrraa to Box 9704 nrateCity of Aspen cuunlyor Pitkin nnd3ta/rorCoair+ulo.ofthearundpart: 11'IT~xfWhT11, Tint the raid party of the fleet part, far and in rnnddrretion of the Aum of Ten dollars and other good and valuable consideration xllxppxtllta, n+ thv anid party of the first part In bond pn{d by the anid party of the evrund pntq the reeelpl whereof le hereby eonfrnerd and nrknowladltad, hoe ttrnnlyd, bnrltninrrl, Ruld and convoyed, and Dy theau preeente dote Itrnnl, DarRn10, rvt4 ennvey and rannrtn, unto the aalA party of the errand Part, bin hrlrn end eaehtne forover, all the felluwlnir drerribed-ot )t+1Lt4/!lltlC yM10}0.Gltunlr,lylnKnndlxintrinthr <'ountynf Pitkin and Store orCulorndtntrnwit: Lot 1 block 7 brush Creek Village COUNTY OF PITKIN STATE OF COLOI2AD0 ! Tt11a:THlilt w{lh all nod RlnNUlnr the hrrrditnmentx uud nppurlmtenrre thereto belanNlnN, or In rnyadar apper• tnhttnK, end the revet•alun and rrvrrefona, rruudh+ler and remnlndrrn. rents, leeuux and prorlte lherenft and all rho n.lnte, rlNltt, title,lnleteal, rlairn ah.l de,nnnd whntem•vrr of Ihranid party of the fleet port, rllher to Inw nr r,lulty, of. in and to the above berttalnrd premleee, wllh the herrditanu•nln and nppurlenenceR. T1111 A1'-:.MU TIr !t<ILU the anid prrn,tera above bnrttained and deeeribed. with the appur:enanrre, unto thn aald party of the rerwul part, Die hrlre and nnalRne forover. And the anid party of Utr fleet part, for himwtf, hIR hetrR. rxreulura,midndndnieh•nlm•e,doeerovrnun4ltrnut,hart!alu.nndaltreetnnndwlththraaldpartyoflhrercundpart, ~i Ida belts and nealRne, that at lhr Ngtuaf the rnxenlingaud drlivorynf these preernte, he la well ee1Am1 of lhu prrmleee abort ronveyrd, ne of taunt, eurr,prrfnrl, nbnulute mu! Inelefenelhte eetnle otinherltnnre, Dr taw, Ur fco nlmple, and has No~~d rlttht, full power and lawful Authnrily to ttrnul, Dnrttnin, cell and roavny'tho came In manner and form se nfi+rren'd, uud that the came are frru and rtenr from alt furnx•r and other Krnnta. bnrNalne, Bales, Ilene, Uxee, aseeeantrnte and rncumbrancra of whatever klnd or nah+re aonven ' Excepts See Exhibit "A", attached hereto and incorporated herein by this reference. and the Whored bnt•ltabu•d prvutlr,•e ht the quirt and penrrnhle poneredan oflhr apld Party of the nrrnn.l part, his hrl re and nealNne ntrninet nil and tree?' Pt'ra'rrt'~~' Ur•rannn InwNlly clnladnN or to rlahu the whole nr any part thereof, the MINA pnrly ar lta• !teat part alm71 and w•1N ri;-xNA1T AND t•'O1t841•'71 nF.P'Y,YI)• Thr elnttutar nurnher ahn17 include the plural, the plural for alnttalnt:and the uer of any ttrndrr shall hr npUlknbir to uU trandrre. 1~ 11'IT\F.9;t tl'llfiitF.OF, t hr anid pnrq• of the list ]earl hue h,vronb+art hlx bnml and e.ml thedny and year first Above written. ///~ Da d A• Col ts):aL1 !i ' $1118 G~O~_-~.......... t!3F:AS.1 'I I CIQLJ~p~QN/~F. __....._ ...... .......... ._.._.._ .... _... ..._._ IaBAt.) 87'ATF:OF t!E/F,H)!A•F+U t~ ~ ea. ~~ lounly of Hp A/7FLY 1 ~I 'rhvfon,ttointtb,alrumenlwnenekuowledttrdbefnrrnu'litte ~~ dnynf S?/J>~(ILIiGC.~•~ 1p8/.hy David A. Cola and Paula G. Cole Y r -- Iselnn o>;jr~~iCUt ZEAL ~ • ~ f~j/~Itt lYit rrRx lu d nd nffielnl seal. e MICHAEL A. f1AARIS ~G~/ala~ - NC,rARY rURttC-CAIIFDANIA ... .....Y,.UV, 1'u0iu. MDNrBREY CO(JNfY-11f5SE ' MY Cemminlon F+ Je Nu, aa~rY hR6t1 FNrpl,lA„~4111,„~ nwrt.-Itred/erdfafiluhtnR l'e.,IR/R Aleut Alrare,l/rarer. oelwnle,b7r.rR111-b,r A y~•, --- a '+a+ ~ ~ .. ., - - _ .. w. .-. .. .. ,. 1 , r' I ,, ~~r'~.~k~ - - - w v L. -- "~ i ~~•_. ~. :_- ~`, ~-=~~ . ~_->.j ~, y F 7plpRi~~ .....,a. ....::lr.• +.wsw~~w.w~a~~w..M-i.. ..`.~..._..:'riill:St~V!1r1~.AfZZ1A19NMiNiilC~.11/y(/~~ - ••Bkhibit uA" to that Deed from David A. Cote and Paulu t3. Cole to Michael A. Vernon and Suzanne 8. Schaub. EXHIB2T "A" 1. General taxes foz 1981 due and payable in 1982. 2. Reservations and exceptions as contained in Patent recorded in Book 162 at Page 549r of the records of Pitkin County, Colorado. 3. An undivided ono-httif of all minerals in subject property as reserved by Robert M. Burlingam9 in Deed recard~nd in Book 188 at Page 390. in Deed recorded in Soak 217 at Page 352., said Robert M. Burlingame relinquiahea an right to enter upon the surface of subject property, of the records of Pitkin Covnty, Colorado. 4. Protective Covenants affecting the subject property recorded in Book 222 at Page 348 and First Amendment recorded in Book 267 at Page 975 and Second Amendment thereto recorded in Book 363 at Page 717 of the records of Pitkin County, Golorado. 5. Casements 10 feet in width on each side of the boundary line along the entire perimeter of subject property for utilities and walking and bridle trails, tts reserved in Paragraph 19, and an easement not to exceed thirty feet in width an each side of roadways and streets for road purposes, as reserved in-Paragraph 20 of said Protective Covenants. 6. Terms, conditions, provisions and obligations as set forth in instrument recorded in Book 305 at Page 483 and as set forth in instrument recorded in Book 305 at Page 492 of the recarda of Pitkin County, Colorado. 7. Terms, conditions and limitations of instrument recorded in Book 228 at Page 269 of tho records of Pitkin County, Colorado. 8. Any tax, assessments, foes or, charges by reason of the inclusion of subject property in any special improvement district or homeowners association. -V-ti-Ftsy-~-__.. ''~ , .... ;~ v.... w ... . -.. a. _. _ .. Page 1 of 1 Michael Kraemer From: Larry [tarry@bjac.net] Sent: Saturday, March 17, 2007 8:58 AM To: Michael Kraemer • Cc: Roland Subject: Brush Creek Subdivision Exemption for Lot Line Adjustment Mike, 1 received the formal notice regarding preliminary review. As I mentioned, I am leaving 3125 for Nepal and will be gone for 2 months but want to make sure that we keep the process moving along. Therefore, in my absence, my assistant, Roland Weissman will be covering for me. If you need anything, please contact. Roland. rolandCa~biac.net 923-2111 office Thanks for your help. Larry Jones Broker Associate, GRI bj'~Adams ana Company Real Estate PO Box 6699, 17 Keams Road Snowmass Village, CO 81615 970.923.2111 * 970.923.2358 (fax) 970.379.8757 (cell) mailto:larry a~bjac.net www. BJAdams~ndComoa~.com 3/19/2007 0000~~ PITKIN COUN1 r COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 March 13, 2007 Larry Jones 534 East Hopkins Ave Aspen, CO 81611 Re: Jones Subdivision Exemption for a Lot Line Adjustment (CASE P028-07; PID 2643-213-OS-001 & 2643-213-05-002) Dear Mr. Jones: 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 -maybe 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 Mike Kraemer, the planner assigned to your case, at 920-5482. Sincerely, Bonnie Waechtler Administrative Assistant PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526- FAX# (970) 920-5439 MEMORANDUM To: Brush Creek Metro District Pitkin County Zoning FROM: Mike Kraemer, Community Development Department Re: Jones Subdivision Exemption for a Lot Line Adjustment (PID 2643-213-05-001 & 2643-213-05-002; Case P028-07) DATE: March 13, 2007 Attached for your review and comments are materials for an application submitted by Larry Jones. The Pitkin County Community Development Director will review the application. Please return your comments to me by Friday, Apri16, 2007.. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. Page 1 of 1 Michael Kraemer ................................ rom: Joanna Schaffner Sent: Friday, March 23, 2007 10:38 AM To: Michael Kraemer Subject: Jones Subdivision Exemption for a Lot Line Adjustment I have reviewed the above referenced application and offer the following comments. 1. The Lot Line Adjustment should reflect an amendment to the Brush Creek Village plat so that it is cross referenced with the subdivision. 2. Has permission been granted by both property owners? 3. Both the old and new lot sizes should be clearly specified on the LLA plat. 3/23/2007 -- '~' ~~~ - ' i ,_ COMINIUNITY DEVELOPMENT DEPARTMENT. , 130 South Galena Street. ..Aspen, Colorado 81611 (970) 920-:5526 Ftkn County Land Use• 172 Board of Adjustment 4 :159 County Land Use Code 174 Flat .Fee ^'•. '~ 162 Zoning and Sign 169 Public Notice+ j 160 Planning Enforcement 175 Hearing Officer Referral Fees• a ;j 210 Airport LUGO1 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 EnergT Code Review ~ 115 Mechanical-Permit 150 Plan Check 110 Plumbing Permit 130 - Reinspection { 152 AVFD Fire Marshal. ,a 158 BFD Fire Marshal ~ Other Fees: 155 Use Tax ? 165 _ Copy ~ /~' PZ005 Master Plan Copy U~~ 185 Park Dedication ~ ~ s IS GIS Requirements ~ ", 161 Housing Impact Fee ' 3 B 1202 Road Impact Fee B 12D3 School ImpacYFee f ..?~_ ~ ,~` ~~ .,. TOTAL i i NAME: ~ ~ i.' .~ ADDRESS/PROJECT:. ~ ~ '' Y PHONE: . _. CHECK# ~ .. CASE/PERMIT#`. DATE: ~~~: s :~ ~``x INITIAL: ~ e Found Rebar W/Pias, /—Cap, PLS No, 3317 wok Jr' `t P� Brush Creek Village Filing No. 1 SITUATED IN THE SEI/4SE1/4 OF SECTION 20 AND THE SWI/4SW1/4 SECTION 21, 'TOWNSHIP 9 SOUTH, [RANGE 85 WEST OF THE 6TH P.M. COUNTY OF PITKIN, STATE OF COLORADO 60'---.. CERTIFICATE OF OWNERSHIP: I R -O -W I Set No, 5 Rebar W/Plan. I KNOW ALL MEN BY THESE PRESENTS THAT THE UNDERSIGNED BEING SOLE OWNER(S) IN FEE SIMPLE OF ALL S86036'38"E Cap, PLS No. 2761 I THAT PROPERTY DESCRIBED AS FOLLOWS: 39,.03' 1— — - — — — — — — — — — — — — — - - LOT I, BLOCK 7, BRUSH CREEK VILLAGE FILING NO. I I — _ ACCORDING TO THE PLAT THEREOF RECORDED UNDER —' i I RECEPTION NO. 123145 10' easement for the purpose of constructing, maintaining, operating, i o replacing, enlarging and repairing I o electric, telephone, water, Irrigation, sewer, gas and similar (Ines, pipes, wires, ditches and conduits and walking and bridle trolls as reserved In document recorded in Book 218, i Pages 206-209 I o ' .N II ° ' +110' .� Dec. Panel W/Meters \ Set No. 5 Rebar W/Plas, I \ Cap, PLS No, 27613 O \ I 1 O \ I 0 r \ \\ Lot 2, Block. 7 11 , \ \\ \ \ 2.$25 acres (Prior to adjustment) \ \ 2.971 acres (After adjustment) \ � \ \ Set No. 5 Rebar\W/Plas, O \ Cap, PLS Na 2761 \ \ Set No, 5 RebarPl Cap, PLS No, 27613 \ Ir Single Family Residence \ Wood Frame Const. \ 1471 Medicine Bow Rd. / ff/�Q \\ nS \ \ 4�J• / tib /0^ \ N Gravel \\ Parking \ Q Area/ ¢r" iC- "^~.SrNo, 5 Rebar W/Pias. \c- es` \\ LP Saar$ocv / i SCap, PLS Na 27613 \.uko rif\9 Va. \ IIs- °t•, � R Found Rebar W/Plas._/ I Cap, PLS Na 16128 I 10' 1 I I 1 No. 5 Rebar W/Pias. Cap, PLS Na 27613 1 ' I to be set (typical) 1 1— 10" o Ln 1 II Lot 1, Block 7 1', P ' M I 2.937 acres (Prior to adjustment) T o I 2.791 acres (After adjustment) 1 ' IT 1 GRAPHIC SCALE ( 1N FZRT ) 1 inch - 50 ft. 0 I u u J 10 F M I A I I 0 In I a, ro I 10' easement for the purpose of "1 v± J� constructing, maintaining, operating, N I replacing, enlarging and repairing m electric, telephone, water, Irrigation, sewer, gas and simliar lines, pipes, wires, ditches and conduits and walking and bridle trails as reserved in I document recorded in Book 218, THIS PLAT WAS FILED FOR RECORD IN THEOFFICEOF THE PITKIN COUNTY Cr�L'ERK I Pages 206-209 Y141- AND RECORDER AT _ _-_ O'CLOCK_ ✓_k .M. THIS _ b DAY OF I/! 20 ND IS DULY RECORDED IN BOOK __ ----- PAGE _ _-_- UNDER RECEPTION I �' I E N15°13'39 N0. __ a_Ci ��---------- I REcaRD' 6 1L, PITKIN COUNTY CLERK AND RECORDER: Sheet Client: Larry Jones 1of1 Drawn By: S. Phelps ., u Found Stone Date: 19/Jan./2007 dwg file: 06.028.002 Job No.: 06.028 N0. 36"E ( 31 . 5�� COMMUNITY DEVELOPMENT DIRECTORS APPROVAL: COUNTY OF PITKIN, STATE OF COLORADO HAVE BY THESE PRESENTS LAID OUT THIS PLAT TO AMEND THE BOUNDARY LINE OF LOT I AND LOT 2 BLOCK 7 AS SHOWN HEREON AND DESIGNATE THE SAME AS THE SCHALDACH/JONES SUBDIVISION EXEMPTION FOR A LOT BOUNDARY ADJUSTMENT PLAT OF LOT I AND LOT 2, BLOCK 7 BRUSH CREEK VILLAGE FILING NO. I, COUNTY OF PITKIN, STATE OF COLORADO. EXECUTED THIS__ Y -____-_DAY OF_---, ----- _------------------ A.D. 2008 BY: --------------------- - _ - ------------------------------ GUNTER SCHAL ;BCH OWNER LOT I, BLOCK 7 STATE OF COLORADO I COUNTY OF PITKIN ) SS A THE FOREGOING DEDICATION WAS ACKNOWLEDGED BEFORE ME THIS ---------DAY OF ---- BY GUNTER SCHALDACH. WITNESS MY HAND AND SEAL NOTARY PUBLIC MY COMMISSION EXPI CERTIFICATE OF OWNERSHIP: rawe>�IileI:l KNOW ALL MEN BY THESE PRESENTS THAT THE UNDERSIGNED BEING SOLE OWNER(S) IN FEE SIMPLE OF ALL THAT PROPERTY DESCRIBED AS FOLLOWS: LOT 2, BLOCK 7, BRUSH CREEK VILLAGE FILING NO. I ACCORDING TO THE PLAT THEREOF RECORDED UNDER RECEPTION NO. 123145 COUNTY OF PITKIN, STATE OF COLORADO. HAVE BY THESE PRESENTS LAID OUT THIS PLAT TO AMEND THE BOUNDARY LINE OF LOT I AND LOT 2 BLOCK 7 AS SHOWN HEREON AND DESIGNATE THE SAME AS THE SCHALDACH/JONES SUBDIVISION EXEMPTION FOR A LOT BOUNDARY ADJUSTMENT PLAT OF LOT I AND LOT 2, BLOCK 7 BRUSH CREEK VILLAGE FILING NO. 1, COUNTY OF PITKIN, STATE OF COLORADO. j I t EXECUTED THIS -IJ ----__DAY OF_ __ � YVL17P._! _____-_-, A.D. 2008 LOT 2, BLOCK 7 STATE OF COLORADO ) COUNTY OF PITKIN ) SS h THE FOREGOING DEDICATION WAS ACKNOWLEDGED BEFORE ME THIS --h---441 OF__LSL.UVff. _ _, A.D. 2008 BY LARRY JONES. WITNESS MY HAND AND SEAL ROLANU ) /�-----__--- —_— ----- a WEISSNNAN w» OTARY PUBLIC 9•. OPcx� ." ¢��Q� 2( c ~ MY COMMISSION EXPIRES__a 2D1(i _—,.--�__-_--__-__._ icy Iig1111N61IN' CYr PROPERTY LEGAL DESCRIPTION: LOT I, BLOCK 7 BRUSH CREEK VILLAGE FILING NO. I ACCORDING TO THE PLAT THEREOF RECORDED UNDER RECPTION NO. 123145 CONTAINING 127,956 SO. FT. OR 2.937 ACRES. EXCEPTING THEREFROM A PARCEL OF LAND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT I, BLOCK 7, FIRST FILING, BRUSH CREEK VILLAGE SUBDIVISION; THENCE S.26°30'37"W. 97.29 FEET TO A POINT; THENCE S.67148'44"W. 197.82 FEET TO A POINT BEING THE NORTHWEST CORNER OF SAID LOT 1; THENCE N.54°28'37"E. 278.42 FEET ALONG THE COMMON LOT LINE BETWEEN LOT I AND 2, BLOCK 7, FIRST FILING, BRUSH CREEK VILLAGE SUBDIVISION, TO THE POINT OF BEGINNING. CONTAINING 6,351 SO. FT OR 0.146 ACRES. TOTAL ACREAGE AMENDED LOT 1, BLOCK 7 BEING 2.791 ACRES. COUNTY OF PITKIN STATE OF COLORADO COUNTY PARCEL NO.: 264321305002 THIS SUBDIVISION EXEMPTION FOR A LOT LINE ADJUSTMENT HAS BEEN REVIEWED AND APPROVED BY THE PITKIN COUNTY COMMUNITY DEVELOPMENT OFFICER AND IS APPROVED FOR FILING WITH THE PITKIN COUNTY CLERK AND RECORDER THIS _- �� __ DAY OF 202-L-, SUBJECT TO ADMINISTRATIVE DECISION NO. 33-2007 RECORDED AS RECEPTION NO. 537400. PITKIN COU0fY COMMUNITY DEVELOPMENT DATE Z 0 0 in 0 m TNTJMP1 t SURVEYORS' CERTIFICATION: I, THE UNDERSIGNED, BEING A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO DO HEREBY CERTIFY THAT THIS LOT LINE ADJUSTMENT PLAT HAS BEEN PREPARED BY SURVCO, INC. UNDER MY DIRECT SUPERVISION AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. BY: SAMUEL D. PHELPS COLORADO LICENSED PROFESSIONAL LAND SURVEYOR NO. 27613 FOR AND ON BEHALF OF SURVCO, INC. DATE OF CERTIFICATION: 22/JAN./2007 SURVEYORS' NOTES: fr f i ' • f, t I, 1) BEARINGS AS SHOWN HEREON ARE BASED UPON A RECORD BEARING OF N.24000'00"W. FOR THE WESTERLY LINE OF LOT 2, BLOCK 7, BRUSH CREEK VILLAGE FILING NO. I MONUMENTATION BEING FOUND IN THE FIELD AS INDICATED HEREON. 2) EASEMENTS AS SHOWN HEREON ARE AS TAKEN FROM THE RECORD SUBDIVISION PLAT OF THE SUBJECT PROPERTY AND THE PROTECTIVE COVENETS OF BRUSH CREEK VILLAGE AS FILED FOR RECORD IN DOCUMENT RECORDED IN BOOK 218, PAGES 206-209. 3) THIS SURVEY DOES NOT REPRESENT A TITLE SEARCH BY THIS LAND SURVEYOR OR LAND SURVEYING COMPANY TO DISCOVER ANY EASEMENTS OR OTHER ENCUMBRANCES OF RECORD. 4) THIS PROPERTY IS SUBJECT TO PROTECTIVE COVENANTS AND RESTRICTIONS OF RECORD. PROPERTY LEGAL DESCRIPTION: LOT 2, BLOCK 7 BRUSH CREEK VILLAGE FILING NO. I ACCORDING TO THE PLAT THEREOF RECORDED UNDER RECPTION NO. 123145 CONTAINING 123,080 SQ. FT. OR 2.825 ACRES. TOGETHER WITH A PARCEL OF LAND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 7, FIRST FILING, BRUSH CREEK VILLAGE SUBDIVISION; THENCE S.26030'37"W, 97.29 FEET TO A POINT; THENCE S.67°48'44"W. 197.82 FEET TO A POINT BEING THE NORTHWEST CORNER OF SAID LOT I; THENCE N.54028'37"E. 278.42 FEET ALONG THE COMMON LOT LINE BETWEEN LOT I AND 2, BLOCK 7, FIRST FILING, BRUSH CREEK VILLAGE SUBDIVISION, TO THE POINT OF BEGINNING. CONTAINING 6,351 SQ. FT OR 0.146 ACRES. TOTAL ACREAGE AMENDED LOT 2, BLOCK 7 BEING 2.971 ACRES. COUNTY OF PITKIN STATE OF COLORADO COUNTY PARCEL N0: 264321305001 21 0 0 v a CN CyP SurvCo, Inc. RECEPTION#: 554615, 11/26/2008 at RTK GPS and Conventional Land Surveying Services 01:13:46 PIM, 1 OF 1, R $11.00 Janice K, 826-1/2 Grand Avenue Vos Caudill, Pitkin County, CO Post Office Box 2782 PLAT BK 89 PG 48 Glenwood Springs, CO. 81602-2782 Phone: (970) 945-5945 Fax: (970) 945-5946 Email: survco*eearthlink.net Z(Vgt>- zj`3-cz5 ea i US-��-- pozg-cam