HomeMy WebLinkAboutpitkin.planning.246512301001, 246512301002DOCUMENT 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 (llxl'~
AGENDA ITEM SIIl~RY '~ ~~rj. 12~' 4 ~ , O ~
TO: Board of County Commissioners
Special Meeting - April 2, 1991
THRU: Reid Haughey, County Manager ~5g~1
Amy Margerum, Planning Director ``--++~~'''
RE: Willoughby Thomas and Phillips Subdivision Exemption
For Fully Developed Lands/Consent Agenda
FROM: E11en Sassano, Planner
APPLICANT'S REPRESENTATIPE: Joseph Krabacher
SDHIlKARY: The Planning Office recommends approval of the request.
REQUEST: Pursuant to Section 4-2.2(a)(6) of the Land Use Code,
the Aspen Title Corporation, on behalf of the owners of Lots 2
and 3 of the Willoughby Thomas and Phillips Subdivision, is
requesting approval of an application for a subdivision exemption
for fully developed lands.
LOCATION: Willoughby Thomas & Phillips Subdivision; Lots 2 & 3;
In the vicinity of Emma; Section 12, Township 8 South, Ranqe 87
West
ISSUES: There are no outstanding issues.
STAFF RECOMMENDATION: Staff recommends approval of the
Willoughby Thomas and Phillips Subdivision Exemption for fully
developed lands. subject to- the condition shown in the attached
Staff memo.
ELS
AIS WILLTHOMPHIL SUBEXEMP
~"""
MEMORANDUM
TO: Board of County Commissioners
THRII: Reid Haughey, County Manager
Amy Margerum, Planning Director
FROM: E11en Sassano, Planner
RE: Willoughby Thomas and Phillips Subdivision Exemption
For. Fully Developed Lands/Consent Agenda
DATE: April 2, 1991
REQUEST: Pursuant to Section 4-2.2(a)(6) of the Land Use Code,
the Aspen Title Corporation, on behalf of the owners of Lots 2
and 3 of the Willoughby Thomas and Phillips Subdivision, is
requesting approval of an application for a subdivision exemption
for fully developed lands....
APPLICANTS: David Miller, John Nevols and Susan :Phillips dba
Aspen Title Corporation
LOCATION: Willoughby Thomas & Phillips Subdivision; Lots 2 & 3;
In the vicinity of Emma; Section 12, Township 8 South, Range 87
West
ZONING: AF-1
REFERRAL CO1~Il~NTS
County Engineer: The County Engineer had no comments.
County Attorney: The County Attorney has reviewed the
application and had no objections to the proposed subdivision
exemption.
STAFF COMMENTS:
The Willoughby Thomas & Phillips Subdivision was approved by
Eagle County in 1990. The three lot subdivision is located.,
principally in Eagle County. Avery small portion of the extreme
southern tips of Lot 2 and 3 are located in Pitkin County. When
the Subdivision. ..was ..approved, the developer did not know or
understand that approval was required in Pitkin County'as well as
Eagle County. The portion of the lots lying within Pitkin County
equals a total area of less than '9,000 square feet. The
subdivision as a whole is approximately 11.5 acres in size..
As designated on the recorded plat, the approved building
envelopes do not extend into Pitkin_ County. Accordingly there
-~
can be no development on the. portions .located within Pitkin.,.
County. The purpose of the subdivision exemption in Code Section
4-4.2(a)(6) is to permit subdivision where lands are fully
developed.. In this case there can be no additional development
in Pitkin County; and the lands are, therefore, fully developed.
Section 4-2.2(a)(6) of the Code stipulates the following:
The Board may exempt from the definition of, the ,terms
"subdivision° and "subdivided land" as' provided for in
Article 20, Definitions, any subdivision of land which
is for the purpose of subdividing fully developed lands
under existing zoning or zoning in effect. when_the
developments occurred (even though resulting lots and
uses be non-conforming) if the development was done in
conformance with the law. at the time ,and not done
(without subdivision approval) to avoid subdivision (or
other land use) regulations.
The development was accomplished in conformance with the Eagle
_.
County Land Use Code in effect in 1990. Due to oversight by the
subdivider, no application was filed in Pitkin County. The
applicant has. represented that the subdivision was not
accomplished to circumvent the provisions of the Code. The
Pitkin County portion of the property represents less than
2/lOths of 1$ of the total land area within the. .parcel. As no
development rights are associated with the Pitkin County portion,
the fully developed lands exemption is an appropriate vehicle by
which to legally subdivide the parcel.
RECOI~II~SEITDATION:
Staff recommends .approval of the Willoughby Thomas and Phillips
Subdivision Exemption for fully developed lands subject to .the
following condition:
1. The subdivision plat shall be amended to include a note
which stipulates that, "no development shall be allowed on
the Pitkin County portion of Lots 2 and 3 of the. Willoughby
Thomas and Phillips Subdivision".
2
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MESSAGE .DISPLAY
TO ELLEN SASSANO
From: Temple Glassier
Postmark: Mar 28,91 1:36 PM
Subject: WILLOUGHBY THOMAS _
Message:
WE HAVE NO COMMENT OF THIS PROPOSAL!
----------=====X=====__=-------
~ ~
M E M O R A N D U M
TO: Ellen Sassano, County Planning
FROM: Joanna S. Schaffner, County Zoning
DATE: February 12, 1991
RE: Application for Subdivision Exemption
for Willoughby Thomas and Phillips .subdivision
Lots 1, 2, and 3, Willoughby Subdivision, Eagle County
I have reviewed the above referenced application and have no
concerns regarding any 'zoning issues for either parcel at this
time.
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_ LAW OFFICES ~ ,~i
KRABACHER. HILL & .EDWARDS ~' 5 L;~.,
PROFESSIONAL CORPORATION _. ,.
JEROME PROFESSIONAL BUILDING
201 NORTH MILL STREET
ASPEN, COLORAD0.8167t
B. JOSEPH KRABACHER
THOMAS C. HILL
JOSEPH E. EDWARDS, III
OF COUNSEL
JOSEPH E. EOWAROS, JR.
January 15, 1991
Via Hand Delivery
Aspen/Pitkin Planning Office
130 South Galena, Third Floor
Aspen, Colorado 81611
Re: Application for Subdivision Exemption for
Fully Developed Lands for Willougnhby Thomas
and Phillips Subdivision,
Lots 2 and 3, Pitkin County, Colorado
Ladies and Gentlemen:
TELEPHONE
(303) 9256300
(3031 925-7116
TELECOPIER
(303) 925-1181
We are filing with this letter the above described Application
and exhibits. We are also enclosing the application fee of
$780.00. It is our understanding that this fee is valid through
January 15, 1991.
Please acknowledge filing of this Application by file stamping
and returning a copy of this letter. Should you have any
questions, please contact the undersigned.
KRABACHER, HILL & EDWARDS, P.C.
By:
BJK/ch B. Jos ph rabacher
Enclosures as recited
~^'~ ~''
APPLICATION FOR SUBDIVLSION EXEMPTION FOR FULLY DEVELOPED LANDS
FOR WILLOUGHBY THOMAS AND PHILLIPS SUBDIVISION,
LOTS 2 & 3
APPLICATION SUMMARY
This Application is for a subdivision exemption for fully
developed lands pursuant to § 4-2.2(a)(6) of the Pitkin County Land
Use Code ("Code"). The property consists of a three lot
subdivision located principally in Eagle County, Colorado.
A very small portion of the extreme. southern tips of Lot 2 and
Lot 3 of the Willoughby Thomas & Phillips Subdivision
("Subdivision") are located in Pitkin County, Colorado. The
Subdivision was approved by Eagle County and the plat for the
subdivision was recorded in Eagle County on January 17, 1990, as
Reception Number 417574 in Book 21 at Page 406 (the "Plat").
As illustrated by the enclosed copy of the Plat, the portions
of the Subdivision located in Pitkin County may not be developed
because the building envelope as approved by Eagle County prohibits
any development in Pitkin County.
The Applicant is Aspen Title Corporation on behalf. of the
owners of Lot 2 and Lot 3 of the Subdivision.
SUBMISSION CONTENTS
This portion of the Application demonstrates compliance with
the requirements for submission contents for this Application. The
Applicant is submitting the following:
1. Certified copy of the Plat of Willoughby Thomas &
Phillips subdivision as recorded January 17, 1990, as reception
number 417574 in Book 21 at Page 406 of the records of Eagle
County, Colorado.
2. Proof of ownership and a statement from Aspen Title
Corporation certifying when the parcel was created and providing
information to establish the property has not merged with adjacent
parcels.
3. Letter signed by the Applicant and all owners stating the
name, address and telephone number of the representative authorized
to act on behalf of the Applicant.
4. Adjacent Ownership Certificate and list of names and
addresses of adjacent owners with pre-addressed envelopes for each
adjacent owner.
5. Application fee of $780.00.
6. Copy of Pitkin County Pre-application Conference Summary.
APPROVAL AND DEVELOPMENT STANDARDS
This portion of the Application demonstrates why the proposed
subdivision exemption complies with the substantive approval and
review standards of the Code.
STANDARD:
"The Board may exempt from the definition of the terms
'subdivision' and 'subdivided land' as provided for in Article 20,
Definitions, any subdivision of land which is for the purpose of
subdividing fully developed lands under existing zoning or zoning
in effect when the developments occurred (even though resulting
lots and uses be non-conforming) if the development was done in
conformance with the law at "the time and not done. (without
subdivision approval) to avoid subdivision (or other land use)
regulations." Pitkin County Land Use Code § 4-2.2(a)(6).
RESPONSE:
As illustrated by the Plat for the Subdivision, only the very
extreme southern portions of the property lie in Pitkin County,
Colorado. When the subdivision was approved, the developer did not
know or understand that approval was required in Pitkin County as
well as in Eagle County. The Subdivision was approved only in
Eagle County even though a portion of the property lies within
Pitkin County.
As designated on the Plat, the building envelopes do not
extend into Pitkin County. Accordingly, there can be no
development on the portions of the property located in Pitkin
County. The purpose of the subdivision exemption in Code
§ 4-2.2(a)(6) is to permit a subdivision where lands are fully
developed. In this case, there can be no additional development in
Pitkin County; and the lands are, therefore, fully developed.
The development was accomplished in conformance with the Eagle
County Land Use Code in effect in 1990. Due to oversight by the
subdivider, no application was filed in Pitkin County. The
Subdivision was not accomplished in order to circumvent the
provisions of the Code because the parcels located in Pitkin County
are less than nine thousand square feet in total area when the
Subdivision is approximately 11.5 acres, so the portions lying
within Pitkin County less than 2/lOths of 1~ of the total land
area.
Dated: ~ ~f , 1991. KRABACHER, HILL & EDWARDS P.C.
~~
By:
B. Joseph Krabacher
-2-
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INDEX TO EXHIBITS
1. Plat or site plan.
2. Non-merger letter and proof. of ownership.
3. Letter of authorization of Applicant and Owners..
4. Adjacent owners list.
5. Application fee.
6. Copy of Pre-Application Conference Summary.
~
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.. _ .,:,~ .:~~ .~,~r
KRABACHER & HILL F.C.,` _ . _ _ _.
OPERATING ACCOUNT .27,2
207 N. MILL ST., SUITE 207 803-9256300
ASPEN, CO 87677
82-G65/7021
PAY ... ~/~~ _'ig ! I
TO THE
ORDER OF
DOLLARS
/~ T/f@BankofASpep /~/{//~//~/~i///~C
/~ 1fB~5wM M~iX.Mp~pyn-Cg~preC~O8l81f.(,8py18gPS25pJ. ~~(~/~///
~ ; ~;, n•00 272n• _i:i 20 55~: i2i5 ~l 3~1'
NORMAN E. LARKINS
PRESIDENT
ASPEN TITLE CORPORATION
THE ASPEN PROFESSIONAL BUILDING, SUITE 102
600 EAST HOPKINS AVENUE
ASPEN,COLORAD081611
TELEPHONE:
ASPEN
(3031920-4050
BASALT
1303192]-4]41
DENVER DIRECT
13031695-8463
LYNN M. DYCIO
MANAGER
December 21 , 1 990
TELECOPIER:
13031920-0052
B. Joseph Krabacher
201 N. Mi I I Street
Suite 201
Aspen, Colorado 81611
Order No. 400962
ADJACENT OWNERSHIP CERTIFICATE
ASPEN TITLE CORPORATION, a corporation organized and existing
under and by virtue of the laws of the State of Colorado,
HEREBY CERTIFIES
That it has made a careful and diligent search of the records in
the office of the Clerk and Recorder for Eagle and Pitkin Counties, Colorado,
and has determined that those persons, firms or entities set forth on the
Exhibit "A" attached hereto and by this reference incorporated herein and made
a part hereof, reflect the apparent owners of lots, tracts, parcels and
condominium units lying adjacent of the following desa~ibed real property
situate, lying and being in the Counties of Eagle and Pitkin, State of
Colorado, to-wit:
Lots 1, 2 and 3 of the Willoughby, Thomas & Phillip Subdivision
This Certificate has been prepared for the use and benefit of the
above named applicant and County of Pitkin, Colorado. THE LIABILITY OF THE
COMH'ANY HEREUNDER IS EXPRESSLY LIMITED TO THE AMOUNT OF THE FEE PAID FOR TWIS
CERTIFICATE PLUS E250.00
DATE:
ASPEN TITLE OORPORATION,
a Colorado corporation
(SEAL)
By: ~?. AG y .-cam ~
AFFILIATED OFFICES:
EAGLE COUNTY: GRAND COUNTY: SUMMR COUNTY:
EAGLE COUNTY TITLE CORPORATION THE TITLE COMPANY, INC. SUMMIT COUNTY ABSTRACT COMPANY
THE VAIL PROFESSIONAL BUILDING. SUITE 301 ERASER VALLEY CENTERIFRASER 106 NORTH RIDGE STREET
963 SOUTH FRONTAGE ROAD WEST POST OFFICE SO%d16 POST OFFICE BOX 510
VAIL.COLORAD081657 WINTER PARK, COLORAD000482 BRECKENRIDGE,COLORAD080424
13031 d]6-6623 (3031]26-8W] (3031453-6120
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EXHIBIT "A°
ADJACENT OWNERS
1. Donald Hose and Janet Hose
4283 Highway 82
Basalt, Colorado 81621.
Book 491 , Page 607
2. State of Colorado
6060 Broadway
Denyer, Colorado 80216
Book 403, Page 125
3. Norman Wlrkler and Margaret Wtrkler
P. O. Box 6507
Snow mass Vtl lage, Colorado 81.615
Book 542, Page 732
4. Derner 8 Rlo Grande Western Railroad
NO ADDRESS ON RE~RDED INSTRUMENT
5. W i l l i am_ C. Frane
6. Fred T. Willoughby and Carol L. Willoughby
1649 FJnma Road
Carbondale, Colorado 81623
Book 388, Page 473
7. State Department of Highways
NO ADDRESS ON RECORDED INSTRUMENT
~. ~ .
AUTHORIZATION OF OWNER FOR REPRESENTATIVE
The undersigned Applicant, Aspen Title Corporation, 600 East
Hopkins, Aspen, Colorado 81611 (303) 920-4050 does hereby
authorize B. Joseph Krabacher of Krabacher, Hill & Edwards, 201
North Mill Street, Suite 201, Aspen, Colorado 81611 (303) 925-6300
to act. as representative on behalf of the Applicant in connection
with an Application for Subdivision Exemption for Fully Developed
Lands.
ASPEN TITLE CORPORATION
By:
Authorized Of icer
Did Miller asowner of.Lot 2
.John Nevols as owner of
Susan Phillips as owner of Lot 3
-4-
~:,
ASPEN TITLE CORPORATION
NORMAN E. LARKINS
PRESIDENT THE ASPEN PROFESSIONAL BUILDING, SUITE 102
600 EAST HOPKINS AVENUE
LYNN M. DYCIO p$PEN, COLORADO 81611
MANAGER
g~ r
r~dg .1 &" s
q 1~ TELEPHONE:
R~~"'1303 920-4050
BASALT
13031927-4]61
DENVER DIRECT
(3031595-0463
TELECOPIER:
(3031920>052
Board of County Commissioners
Pitkin County Courthouse
506 E. Main Street
Aspen, Colorado 81611
December 21, 1990
Re: Lots 1, 2 and 3 of the Willoughby, Thomas & Phdlltps Subdivision
Based upon a search of the records in the office of the Clerk and
Recorder for Pitkin County, Colorado, Aspen Title Corporation hereby certifies
that at no time since January 1, 1972, has title to any tract adJacent to the
property described above been held in the same name or names as said described
property, EXCEPT as follows:
Louis C. Tepe, James B. Leeitng and Alfred J. Kitelman who owned and
later conveyed the underlining lands that later became the above
referenced subdivision by deeds recorded January 27, 1972, in Book 261
at Page 75, March 6, 1972, in Book 264 at Page 266 and recorded April 4,
1974, to Book 285 at Page 689.
This certification is neither an abstract, opinion nor guaranty of title
and is intended specifically and exclusively for the use of the Board of
County Commissioners of Pitkin County to determination of "merger of title" or
lack thereof as said "merger" relates to the applicable statutes, ordinances
and restrictions of jurisdiction. It is understood and agreed that Aspen
T[tle Corporation neither assures, nor will be charged with any financial
obligations or Iiabiliiy whatever on any certification contained herein.
Sin~cerel y,
Robert Reeves
EAGLE COUNTY:
EAGLE COUNTY TITLE CORPORATION
THE VAIL PROFESSIONAL BUILDING, SUITE 301
95350UTH FRONTAGE ROAD WEST
VAIL, COLORADO 81657
1303)476-6423
AFFILIATED OFFlCES:
ORAND COUNTY:
THE TITLE COMPANY, INC.
ERASER VALLEY CENTER/ERASER
POST OFFICE BOX 415
WINTER PARK, COLORADO 80482
13031]26-8077
'~~;~
SUMMIT COUNTY:
SUMMIT COUNTY ABSTRACT COMPANY
108 NORTH RIDGE STREET
POST OFFICE BOX 510
BRECKENRIDGE, COLORADO 60626
13031653-6120
,,. ~ ... , . ~. ; .... t. ,-, , , , ,,
Form No.Y343 (CO-90) ~"~
ALTA Plain Language Commitment
COMMITMENT FOR,TITLE INSURANCE
ISSUED BY
agent for
FIRSTAMERICANTITLEINSURANCECOM~PANY
AGREEMENT TO ISSUE POLICY
FIRSTAMERICANTITLEINSURANCE:,COMPANY referred ointhisCgmmrtme~tastheCOmpany,
through its agent, idehtified above; refereed'f9in tfiisAtjreem'eh}'ass"fheAgent, agre'e`s'to Issue a policyto
you according tothetetmsofthisCommrtmentWheh~eshowthepolicyainouritand`your"nante`as'the ~ " proposed nsuredin$cheduleA,t6lsCommStmentbeco'rttes'~'~ effec~veasoftNe~ommi{meritD~afeshown
in Schedule A.
If the Requirements shown in thisCommitment have not been met within six months aftertheCom-
mitmentdate,ou~obli ationunde~thisCommdmentwillend Alsoourobligationun er'thisComrni ment "'~ ~"'"~` ~`"' `
... ~ _
will end when the Policy is issued and thertour obligation to yo~w~il'~e under the Policy.
Our obligation uhtler this Commitment. is limited by the following:
The Provisiohs in Schedule A.
__ _ _,
The Requirements in Schedule B-t.
The Ezceptigns in Schedule B-2.
The Conditions oh the reverseside of,this page'
This Commitment is not valid witfiouf SCHEDULE A and Sectio„~ns,1 nand 2 of SCHEDUL~EB ,~ _.,,.,. ,., „.-~.w:. ,,
First America0n Title Insurance Company
gY ~~ `/J PRESIDENT
A
r.
BY N/ ~r.~(~~ G ~~~~ SECRETARY
BY ~"""-".. COUNTERSIGNED
v~
Form 1756-A
Commitment, Schedule A '
Norm Larkins
SCHEDULE A "
Custaner Refere~oe No. Thomas, et al
L -Effective Date:. December 3 1990 at 7:00 A. M: Commitment No: 400962-C2
RR/ts
2. Policy or Policies to be issued: Amount
(a) ^ ALTA Owner's Policy $
Proposed Insured: TO B E DETERMINED
(b) ^ ALTA Loan Policy - $
Proposedlnsured:
1~1 ^ $
3. The estate or interest in the land described orreferredtp in this commitment and covered herein is fee. simpleand
titletheFeto is at the effectivedate hereof vested in:
FRED T. WILLOUGHBY antl CAROL L: WILLOC7GFBY as Jo(nt tenants as to
Lot 1; JOHN NEVOLS and DAVCD MILLER as tenants in common as `to
Lot 2 and SUSAN PHILLIPS as'to Co't 3
4. The land referred toin this commitment is
LEGAL DESCRIPTION SET FORTH ON SHEETATTAOED
HERETO AND BY THIS REFERENCE IN~RPORATED""fi`ER"EIN `
AND MADE A PART HEREOF. `
Owner's Premtum: $
Lender's PraoTum; $
Add'I Chargese $
Tax Certi f icate: $
CC's to•
Norm Larkins
TOTPL q-1ARGES $
l .. D
• s - ,
Order No. 400962-C2
Plat I.D. #
Sq-IEDULE A (continued)
Covering the Land in the State of Colorado, County of Pitkin, Described as follows:
Lots 1 , 2 and 3,
WILLOUGHBY, 'THOMAS & PHILLIPS SUBDIVISION
Form 1756 - Bt
Commitment, Schedule B-0
SCHEDULE B =Section 1 No: ' 400962-C2
Requirements
The following are the requirements to be complied with:
Item (a) - Payment toor for the account of the, grantors or mortgagors of the full consideration for the estate or
interest to be insured.
- Item (b) Proper instrument(s) creating the estate or interestto be insured must be executed and;dulyfiled for
record, to-wit:
1. Duly executed and acknowledged approval of the Plat of Willoughby,
Thanes & Phillips Subdivision by the Board of County Commissioners of
Pitkin Couhty.
2. Duly executed and acknowledged ratification of the Plat ot_said
Subdivision by:
a) Carol J. Willoughby who acquired an ihterest In the subfect property
by Deed recorded February'1 9, 1974, ih Book 284 at .Page-679.
b) Federal Hane Loan Bank of Topeka who is the beneficiary under the
Deed of Trust recorded April 18, 1973, in Book 228 at Page 7T7 and the
Assignment thereof recorded October 9, 1986, in Book'450 at Page 272.
3. Release by the Public Trustee of Pitkin County of the Deed of Trust fran-
Fred T. Willoughby and Carol L. Willoughby for the use of Pitkin County
Bank and Trust Co., to secure $3,500:00, dated May 31', 1984, and
recorded June 4, 1984, in Book 467 af`Page 413.(Affect Lot 1)
4. Release by the Public Trustee of Eagle and Pitkin Couhties of tfie Deed
of Trust fran Carl C. Thomas and Carolyn J. Thomas, and Warren R. Thomas
and Edna C. Thomas for the use of The_Bank of,;,_Asperi to secure
$27,000.00, dated March 5, 1979, and recorded"March, 8, 1979, Tn Book 282
at Page 709. .(Affects Lot 2)
5. Release of the Public Trustee of Pitkin County of the Deed of Trust fran
Susan Phillips for the use of Britten Bail Bond, Inc:; to secure
$15,500.00, dated November 20, 1985, and recorded November 29, 1985, in
Book 430 at Page 543.(Affects Lot 3) '
6. Certificate of Dismissal, issued by the Clerk of the Court, in Civil
Action No. 86CV123; in the District Court to and for Pitkin County,
Colorado, entitled State Department of Highways, Division of Highways,
State of Colorado, Plaintiff(s), vs. `Susan Phillips, Sfanton=Barnes
Company and Tam Oken, as treasurer and Public Trustee of Pitkin County,
Defendant(s). Notice of Lis'Pendens recorded`'Jurie 4 1986, in Book 512
(Continued)
Commitment No. 400962 -C~
_.
REQUIREMENTS -continued
at Page 105 in Pitktn County and July 11, 1986, in Book 445 at Page 119 in
Eagle County.(Affects Lot 3)
7. Deed fran Fred T. Willoughby and Carol L. Willoughby to a buyer to be
determined as to Lot 1.
8. Deed fran John Nevols and David Miller to a buyer to be determined as to
Lot 2.
9. Deed fran Susan Phillips to a buyer to be determined as to Lot 3.
THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE
RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FDR P"ITKIN`OOUNTY, O~LORADO
FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR'OR DISSIMILAR INVOLUNTARY
MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL
REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR
GRANTEES HAS B EEN DISCLOSED TO THE COMPANY:
NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMIFNT AND
UNDERSTPNDiNG THAT THE APRiCABLE'PREMIUMS, CHARGES AND FEES SHALL BE PAID
BY THE APPLICANT IF'THE APPLICANT AND/OR ITS DESIGNEE OR'NOMINEE CLOSES THE
TRANSACTION CONTEMPLATED BY 6R OTI'IERWISE RELIES UPON THE C6MMITMc"NT, ALL IN
ACOJRDANCE W(TH'THE RULES AND SCHEDULES OF R ATES ON FILE W17H THE COLORADO
DEPARTMENT OF INSURANCE.
Form 1758-B2 (MOdlfied l/84) -' `" '
Commitment, Schedule a-2 400962-C2
Colorado ' Order NO.
SCHEDULE B -Section 2 _
Exceptions
The policyor policiesto be issuedwill contain exceptionstothefollowing unlessthe same are disposed of to
the satisfaction of the Company.`
Any loss or damage, including attorney fees, by reason of the matters shown below:
1. Anyfacts,rights,interests,prclaimswhicharenotshownbythepublicrecordsbutwhichcouldascer-
tained by an inspection of said land or by making inquiry of persons in possession thereof.
2. Easements or claims of easement whigh are not shown by the public records.
3. Discrepancies,conflictsinboundarylines;shortageinarea,encroachmentsandanyotherfactswhich
a correct survey would disclose, and which are not shown by public records.
4. Any water rights or claims or title to water in; on or under the land.
5. Any lien, or right to a lien, forservices, labor or material heretofore or hereafterfurnished,imposed by
law and not shown 6y the public records.
6. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but. prior to the date the proposed
insured acquires of record for value the estate or interest or mortgage thereon covered by this
7. Tax smdtumeeand payable; and any tax, special assessnents, charge or lien imposed
for water or sewer service, or for any other special taxing district.
8. Right of the Proprietor of a Vein or Lode to extract and renove his. ore
therefrom, should the same be found to penetrate or intersect the premises
hereby granted, as reserved in United States Patent recorded May 24, 1902,
in Book 55 at Page 106, records of Pitkin County, and"March 29, 1919, in
Book 48 at Page 368, records. of Eagle County.
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 27, 1972, in `Book 261
at Page 61, records of Pitkln County and February 8, 1972, in Book 223 at
Page 113, records of Eagle County.
10. Utilty easement,as reserved in instrument recorded January 27,1972, to
Book 261 at Page 61, records. of Pttkin County, and February 8, 1972, in
Book 223 a.t Page 113, records of Eagle Couhiy, said easement being seven
and one-half feet to width along all boundaries of subJect property.
11. Easement and right of way to Rocky Mountain Natural Gas Company, Inc., as
granted by John Vi3sten, Fred L. Glassier, Sarah E. Glassier, Peter J.
Glassier, Freda L. Glassier, Arthur Vasten'and M. Mae Vasten by instrument
recorded October 10, 196 1,"in Book 195 at Page 421 and as amended June 27,
(Continued)
Exceptions number are hereby omitted.
.:. , r. , ..- , ,
. _.,. ~~
Commitment No. 400962 -C2
EXCEPTIONS - continued
1972, in Book 224 at Page 620, in which the specific location of said
easement is not defined.
12. Reservations, restrictions and conditions imposed by virtue of the Quit
Claim Deed from The Denver and Rio Grande Western Railroad Company, a
Delaware Corporation recorded October 28, 1975, in Book 304 at PAge 742 of
the records of Pttkin County, Colorado.
13. Utility and access easements. as shown on the Plat of said Subdivision.
14. Setback lines as shown on the Plat of said Subdiytslon.
15. Ditch right of way as shown onthe Plat of said Subdivision.
16. Any question, dispute or adverse claims as to any loss or gain of land as a
result of any change in the riverbed location by other than natural causes,
or alteration through accretion, reliction, erosion or evulsion of the
center thread, bank, channel or flow of the waters ifi the Roaring Fork
River lying within sutiject land; ahd any question as to the location of
such center thread, bank, bed or channel as a legal desa-lption monunent or
marker for the purposes of describing or` IocatIng subject Tahds'.
-NOTEd There are no documents ih the Land records in the office of the
Clerk and Recorder for Eagle and Pitkin Counties, Colorado, accurately
locating past or present locations of the center thread, bank, bed or
channel of the above river or Indicating any alterations of the same as
from time to time may have occured.
17. Any rights, interests or easements in favor of the State of Colorado, the
United States of America, or the general public, which exist or are claimed
to exist in, over, under and/or across the waters and present and past bed
and banks of the Roaring Fork River.
18. Restrictions, which do not contain a forfeiture or_r•tverter clause, but
omitting restrictions, if any, based on race, color, religion or national
origin, as contained In [nstrument recorded January 27, 1972, in Book 261
at Page 61 of the records of Pttkin County and recorded February 8, 1972,
in Book 223 at Page 113, and January 17, 1990, in Book 521 of Page 405, in
the records of Eagle County.
19. Any and all unredeened tax sales.
NOTE: Upon receipt of a Certificate of Taxes Due evidencing that there are
no existing open tax sales, the above exception will not appear on the
policies to be issued hereunder.
~,,,.
- Nu ICE TO PROSPECTIVE BUYE
OF SINGLE FAMILY RESIDENCES_
(PURSUANT TO INSURANCE REGULATION 89.2)
A. "GAP" PROTECTION
When First American Title Insurance Company or its authorized agent, (hereinafter referred to as "Com-
pany"), is responsible for recording or filing the legal documents creating the estate or interest to be insured in
a single family residence and for disbursing funds necessary to complete the transaction, the Company shall
be responsible for any deeds, mortgages, lis-pendens, liens or other title encumbrances which first appear in
the pubic records subsequent to the Effective Date of the Commitment but prior to the Effective Date of the
Policy, provided the following conditions are satisfied prior to the Company's disbursement of the funds:
1. Properly executed documents creating the estate or interest are in the possession of the Company.
2. A fully executed Affidavit and Indemnity form signed by the seller and satisfactory to the Com-
pany is in the possession of the Company.
No Coverage will be afforded against deeds, mortgages, lis-pendens, liens or other title encumbrances ac-
tually known to the proposed insured prior td or at the time of recordation of the documehts.
Public Records as used herein means those records established understate statutes for the purpose of
imparting constructive notice of deeds, mortgages, lis-pendens, liens or other title encumbrances to purchasers for
value and without knowledge:
B. MECHANICS' LIEN PROTECTION
If you are a buyer of a single family residence, you may request coverage against loss because of
unrecorded claims asserted by consti'iiction, labor or material suppliers against your home.
If no construction, improvements or major repairs have been undertaken on the property to be purchased
within six tlrenths-prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded
liens will be payment of the appropriate premium and the execution by the seller of an Affidavit and Indemnity
form satisfactory to the Company.
If there have been construction, improvements or major repairs undertaken on the property to be pur-
chased, within six months prior td the Date of the Commitment; the requirements to obtain coverage for
unrecorded liens will include: disclgsure of certain construction information; financial information as to the seller, the
builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity Agreements satis-
factory to the Company; and, any additional requirements as may be necessary after an examination of the
aforesaid information by the Company. `
No coverage will be given under ahycircumstances for labor or material for which you have contracted or
agreed to pay.
NOTHING HEREIN CONTAINED VIIILL BE DEEMEtJ TO OBLIGATE THE COMPANY TO PROVIDE ANY
OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY
SATISFIED.
C3 (Commitment Notice)
Colorado
~~ _ ._.,,,~ . .~.._~ ~a ~ ~ .M.~a.. ~ ,. fr,._~~,x,_-
;~ '. ,~, EAGLE COUNTY.:..
.. k,,
:~~ State of .:Colorado..
~~`'r v«a~
...
® ~_ ~ CE~TI~ICATI~~t .. ..
I, Johnnette Phillips, Clerkand Recorder of_the County
of Eagle, State of Colorado, do hereby certify that the
attached is a full, true, and complete copy of
.PLAT OF
WILLOUGHBY, THOMAS, & PHILLIPS SUBDIVISION
recorded on January 1,1990 , as appears
upon the records..®f my office..
Book No. 21 Page No. _ ao6
Reception 417574
I have hereunto set.. my hand and affixed the.. Seal of the
County of Eagle, State of Colorado, this 12th day of
July , A.L. 19 90
JOHNNETTE PHILLIPS
Clerk. and Recorder
_._
DEPUTY............
.~.:..
AUTHORIZATION OF OWNER FOR REPRESENTATIVE
The undersigned Applicant, Aspen Title Corporation, 600 East
Hopkins, Aspen, Colorado 81611 (303) 920-4050 does hereby
authorize B. Joseph Krabacher of Krabacher, Hill & Edwards, 20T
North Mill Street, Suite 201, Aspen, Colorado 816`11 (303)"925=6300
to act as representative on behalf of the Applicant in connection
with an Application for Subdivision Exemption for Fully Developed
Lands.
ASPEN TITLE CORPORATION
By:
Authorized Officer
David Miller as of Lot 2
John viols as owner of Lot 2
Susan Phillips as owner`of Lot 3
-4-
ASPEN/PITRIN P7~ANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303)....920-509.0
February 4, 1991
Joe Krabacher
201 North Mill Street
Aspen, CO 81611
Re: Willoughby Thomas & Phillips Subdivision Exemption
Dear Joe,
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have
determined that this application is complete.
We have scheduled this application for review by the Board of
County Cominissioners on Tuesday, March 26, 1991 at a meeting to
begin at 5:30 PM. The Friday before' the meeting date, we will
call to inform you that a copy of the memo pertaining to the
application is available at the Planning Office.
If you. have any questions, please call Ellen Sassano the planner
assagned to your case.....
Sincerely,
Debbie Skehan
Administrative Assistant
MEMORANDIIM
TO: County Attorney
Assistant to the County Manager
Zoning Administration
FROM:. °Ellen Sassano, Planning Office
RE: Willoughby Thomas & Phillips Subdivision Exemption.
DATE: February 5, 1991
Attached for your review and comments is an application from
David Miller & John Nevols requesting Exemption from'Subdivision
for fully developed lands.
Please return your comments to me no later than March 8, 1991.
Thanks.
_: .. , ~ ~ ...~_, :~ ..~.,~ . ~. ~~e ~..~,.. ~.~:~~
AUTHORIZATION OF OWNER FOR REPRESENTATIVE
The undersigned Applicant, Aspen Title Corporation, 600 East
Hopkins, Aspen, Colorado 81611 (303) 920-4050 does hereby
authorize B. Joseph Rrabacher of'Rrabacher, Hill & Edwards, 201
North Mill Street, Suite 261, Aspen, Colorado 81611 (303)°925-6300
to act as representative on behalf of the Applicant in connection
with an Application for Subdivision"Exemption for Fully Developed
Lands.
ASPEN TITLE CORCPORATION
By: ~Ww(~ 1 1~z.;
Authorized Of icer
~, J C,~~-III
DaUid Miller as owner of Lot 2
John Nev Ys as owner of Lot 2
f
-S s n Phi lips s owner of Lot 3
-4-
DATE RECEIVED: 1 15 91 PARCEL,ID AND,,CASE NO
~...~.,~~.~. _ ..r,
DATE COMPLETED:. ~~.~ 1.~3 CJO-OOH P3 91'
STAFF MEMBER, ES
REPRESENTATIVE: JoseUn 1Cranac
Representative Address~'Phorie:_'
PAID: YES x N0 AMOIINT: 5780 No. VP' GUY1L'b Kc.~ivnv ~ "
TYPE OF ApPLLCATION " 1 STEPS. 2 STEP.
P&Z MEETING DATE `~ PIIBLIC BEARING:" YES NO
VESTED. . RIGHTS :. _ , YES__ . NO
=~~ POBLIC HEARING: YES
BOCC Meeting Date
.1 .
VESTED RIGHTS: YES NO
Staff Level: 1041 Minor Hazard Revl.ew uaLe or approval.
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REFF.RRAT S.~,: _..
Attorney -Aspen Consol ,S_.D., _
ll
B
Mt . School District
Rocky Mtn Nat Gas
Engineer e
n.
Housing -Holy Cross Stake Bwy Dept
Aspen Water -Aspen Fire (Glwd) (GrJtn)
Envir.Hlth. Basal't Fire Snowmass Vill
"
Manager' _
-Carbondale Fire (Carbondale)
USFS
Div.Wildlife _Dv.Water Res"""" USFS (Aspen)
Caucus -Airport"Manager" BLM
Zoning _CO Geo.Suryey City P&Z
A
e
Other: ssn.
owners"
Hom
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DATE REFERRED: i INITIALS /
~
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FINAL ROUTING:
CAL: l%V
County -County Engineer Zoning
Housing _Envir. Health
Other- rte--~ l Q h
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LARGE PLAT(S)
AVAILABLE TO VIEW AT
COMMUNITY DEVELOPMENT
AVAILABLE TO BUY AT
CLERK & RECORDER