HomeMy WebLinkAboutpitkin.planning.246707400020DOCUMENT 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)
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PTfKIN
COUNTY COLORADO, GRANTING APPROVAL OF THE
VACATION OF A PORTION OF EMMA ROAD
Ordinance No. 96-_ ~ 1/
RECTTALS
1. The Boazd of County Commissioners, hereinafter "Applicant", has applied to the
Board of County Comrissioners of Pitkin County, Colorado, hereinafter "Board", for
approval of the vacation of a portion of Emma Road (see Exhibit A), pursuant to a court-
ordered Settlement Agreement.
2. The portion of road to be vacated is located in the immediate. vicinity of the Basalt
Store, between Highway 82 and the Roaring Fork River.
3. The Board passed Ordinance No. 95-18 on September 27, 1995, approving the
Settlement Agreement in litigation entitled Tucker v. Allen, et al., Civil Action No. 91 CV
351. The Boazd specifically authorized staff to finalize the transactions contemplated in the
Settlement Agreement, including commencement and completion of proceedings to vacate
the right of way conveyed by the instrument recorded in Book. 116, Page 260 (referring to
Emma Road) of the records of the Pitkin County Clerk and Recorder and conveyance of the
right of way to private parties.
4. The Planning and Zoning Commission reviewed this application on December 5,
1995 and found that this proposal complies with the criteria set forth in the Pitkin County
Land Use Code.
> . ,;`
Ordinance No. 96-_
Page 2
5. The Boazd determined that the proposed road vacation meets the. criteria established
in the Land Use Code.
NOW, THEREFORE, BE IT ORDAINED by the Boazd of County Commissioners
of Pitkin .County, Colorado that it does hereby grant approval of the Emma Road Vacation
application, subject to the following condition:
1. The Applicant shall adhere to all material. representations made in the application and in the
public meetings.
BE 1T FINALLY ORDAINED that this Ordinance be published by title and short outline as
provided by Section 2.8.1.3 of the Pitkin County Home Rule Charter.
INTRODUCED AND FIRST READ AT A DULY NOTICED PUBLIC HEARING at the regular
meeting on the 24th day of January, 1996.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 23rd day of
December, 1995.
APPROVED AND ADOPTED. AFTER, SECOND READING on the 14th of February, 1996.
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the _day of February, 1996.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
James R. True, Chairman
Date
ATTEST:
Jeanette Jones
Deputy Clerk and Recorder
AGENDA ITEM SUMMARY
TO: Board of County Commissioners.
Regulaz Meeting -February 14, 1996
THRU: Cindy Houben, Community Development Director C
FROM: Rick Magill, Planner
RE: Emma Road Vacation
APPLICANT: Pitkin County Board of County Commissioners
REQUEST: The Applicant is requesting to vacate a portion of Emma Road, located
near Basalt, as required by a Settlement Agreement in litigation.
APPLICANT'S REPRESENTATIVE: .Debbie Quinn, County Attorney's Office
LOCATION: The portion of road to be vacated is located in the immediate vicinity of
the Basalt Store, between Highway 82 and the Roaring Fork River.
SUMMARY: The Board approved first reading of the Emma Road Vacation application
at a duly noticed public hearing on January 24th, 1996. The Boazd found that the
vacation of a portion of Emma Road , as described in the attached Ordinance, was
consistent with the Pitkin County Land Use Code. The Pitkin. County Home Rule Charter
requires that ordinances be approved at two readings, with one reading being a public
hearing.
RECOMMENDATION: Staff recommends that the Board approve the 2nd Reading
of the Emma Road Vacation, subject to the condition in the attached Ordinance.
ATTACHMENTS:
1. draft ordinance
2. staff memo
AGENDA ITEM SUMMARY
TO: Board of County Commissioners
Regular Meeting - January 24, 1996
THRU: Cindy Houben, Community Development Director
RE: Emma Road Vacation
FROM: Rick Magill, Planner
APPLICANT: Pitkin County Board of County Commissioners
REQIIEST: The Applicant is requesting to vacate a portion of Emma
Road located near Basalt, as required by a Settlement Agreement in
litigation.
APPLICANT'S REPRESENTATIVE: Debbie Quinn, Assistant County Attorney
LOCATION: The portion of road to be vacated is located in the
immediate vicinity of the Basalt Store, between Highway 82 and the
Roaring Fork River.
ISSUES: The application complies with the criteria of the Land Use
Code Section 3-200.70 - "Street and Easement Vacations". The are
no outstanding issues relating to this application. 'There were no
issues raised at the Planning and Zoning Commission meeting and
Staff has attached the P&Z memorandum for reference.
RECOMMENDATION:_ The Planning and Zoning Commission and Staff are
recommending approval with the condition in the attached
resolution.
ATTACHMENTS:
1. Staff memo to P&Z w/attachments
2. draft resolution
MEMORANDIIM
TO: Planning and Zoning Commission
FROM: Rick Magill, Planner
RE: Emma Road Vacation
DATE: December. 5, 1995
APPLICANT: Pitkin County Board of County Commissioners
REQIIEST: The Applicant is requesting to vacate a portion of Emma
Road located near Basalt, as required by a Settlement Agreement in
litigation.
APPLICANT'S REPRESENTATIVE: Debbie. Quinn, Assistant County Attorney
LOCATION: The portion of .road to be vacated is located in the
immediate vicinity of the Basalt Store, between Highway 82 and the
Roaring Fork River.
REFERRAL AGENCIES: Referral Agency comments are incorporated
throughout this memorandum. and attached. as necessary.
1. Zoning Office
2. Town of Basalt
3. County Engineer
* no comments received
DESCRIPTION: The above referenced litigation entitled Jan L. Tucker
and Allen A. Storey, v. Douglas Allen, et al., 91 CV 351, in which
the BOCC and former. Pitkin, County Roads Supervisor Jack Gredig are
defendants, concerned the ownership of certain lands near $asalt.
The BOCC claimed that a public right-of-way or County road exists
across a portion of the real property involved in this dispute. The
public right-of-way, as it actually exists, crosses a portion of
land known as Parcel C, owned by Margaret Cerise and St. Judes
Company (see""attached map). Parcel C has not been annexed into
Basalt, but the rest of the property subject to the litigation is
now in Basalt.
Pursuant to the Settlement Agreement (attached) the claim of Alan
Storey, Jan L. Tucker, and the BOCC that a public right-of-way or
County road exists across any portion of the real property which
is the subject of litigation shall be dismissed. The BOCC shall
commence proceedings to vacate the right-of-way conveyed by a duly
recorded instrument in 1891, or as such right-of-way may actually
exist in place.
STAFF COMMENTS: Section 3-200.70 of the Pitkin County Land Use
Code requires County review of "Street and Easement"Vacations".
The standards of this Section are as follows:
Vacation shall. be ,approved if it is demonstrated that upon
vacation there shall remain suitable access to public and
private land. presently accessed by the street or easement
proposed for vacation.
Staff response: Each adjacent property owner has suitable access
to the lands presently accessed by Emma Road. A valid Access
Agreement between Alan. A. Storey and Defendant Douglas P. Allen
conveys a 40 foot right-of-way, between Emma Road and t:~e Storey
Parcel for public and private use for access purposes.
In the event of vacation, rights-of-way or easements may be
reserved for the continued use of existing sewer, gas, water,
or similar pipelines and appurtenance, for ditches, canals and
appurtenances, and for electric, telephone, and similar lines
and appurtenances. Equestrian, pedestrian, vehicular or other
trails may also be reserved by the Board of County
Commissioners.
Staff response: There are no existing utilities or similar lines
and appurtenances within the right-of-way. The County does not wish
to reserve any trails pursuant to .this action..
Any written instrument of .vacation or a resubdivision plat
approved by the Board of County Commissioners purporting to
vacate or relocate roadways or portions thereof which remains
of record in the counties where the roadways affected are
situated for a period of seven (7) years shall be prima facie
evidence of an effective vacation of such former roadways.
Staff response: There has not been any written instrument of
vacation or resubdivision plat approved by the BOCC purporting to
vacate or relocate this right-of-way, or any .portion thereof, oh
record in Pitkin County.
RECOMMENDATION: Staff. recommends that the Planning and Zoning
Commission forward a recommendation of approval for the Emma Road
Vacation to the Board of County Commissioners, subject to the
following condition:
The Applicant shall adhere to all material,~representations
made in the application and in the public meetings.
ATTACHMENTS:
1. Settlement Agreement
2. Map
LAND USE APPLICATION FOR
::
VACATION OF A PORTION OF EMMA ROAD
LOCATED NEAR BASALT COLORADO
The Applicant for this land use development is the Board of County
Commissioners of Pitkin County, Colorado, whose address is 530 East Main Street,
Aspen, Colorado 81611. The Applicant's representative is Assistant County Attorney
Debbie Quinn, located at the same address, telephone 920-5190.
The purpose of this land use application is to vacate a portion of Emma Road,
located near Basalt, Colorado, as required by the Settlement Agreement in litigation
entitled Jan L Tucker and Allan A Storey v Douglas P Allen. et al., 91 CV 351, in
which the BOCC and former Pitkin County Roads Supervisor, Jack D. Gredig are
defendants.
The litigation concerned the ownership of certain lands near Basalt, Colorado
which are depicted on the attached map. All parties excepting the BOCC, claimed
ownership of the subject lands. The BOCC claimed that a public right of way or county
road exists across a portion of the real property involved in the dispute. The public right
of way, as it actually exists, crosses a portion of land known as Parcel C, attached hereto
as Exhibit A, owned by Margaret Cerise and St. Judes Company. Pazcel C has not been
annexed into Basalt, but the rest of the property subject to the litigation is now in Basalt.
t,
Pursuant to the Settlement Agreement, which is attached hereto as Exhibit B, the
claim of Alan Storey, Jan L. Tucker, and the BOCC, that a public right of way or county
road exists across any portion of the real property which is the subject of the litigation
shall be dismissed The BOCC shall commence proceedings to vacate the. right of way
conveyed by the instrument recorded in Book 16 at Page 260, (attached hereto as Exhibit
C), or as such right of way may actually exist in place. The current placement of the
road differsfrom the original alignment described in Book 16 at Page 260. There was a
flood in 1936, which washed out the original road and bridge. Anew bridge was built in
its current location, along the Eagle/Pitkin County line, realigning Emma Road to its
present location.
The property owners adjacent to the proposed portion of Emma Road to be
vacated are all parties to the litigation, with the exception of River Pazk LLC. Each
property owner has suitable access to the lands presently accessed by Emma Road. An
Access Agreement between Plaintiff Alan A. Storey and Defendant Douglas P. Allen
conveys a forty foot right of way, between Emma Road and the Storey Parcel for public
and private use for access purposes. A copy of the Access Agreement is attached to this
application as Exhibit D.
;'.:
s
' PROPERTY OWNERS ADJACENT
TO PORTION OF EMMA ROAD
TO BE VACATED
Brad-Allen, Inc.
c/o Doug Allen, Esq.
225 North Mill Street
Aspen, Colorado 81611
Alan A. Storey
P.O. Box 1010
Basalt. Colorado 81621
St. Judes Company
P.O. Box 885
Basalt, Colorado 81621
Margaret D. Cerise
P.O. Box 885
Basalt, Colorado 81621
"~''^ River Park LLC
c/o Jon Seigle
925 Chatfield
Aspen, Colorado
Snowflake of Basalt, LLC
221 East Hyman Avenue
Aspen, Colorado 81611
Town of Basalt
P.O. Box R
Basalt, Colorado 81621
PZTRIN COUNTY
PRE-APPLICATION CONFERENCE SUMMARY
f'~""'`
DATE: 9/7/95 PLANNER: Rick Magill
PROJECT: Basalt Store Road Vacation
APPLICANT: Pitkin County
REPRESENTATIVE: Debbie Quinn, Assistant Coun+iy Attorney
PHONE/FAX: 920-5190
SUMMARY
1. Type of Application: Road Vacation
2. Describe action/type of development being requested: The
Applicant is requesting that a portion of Emma Road, dedicated in
1589, be vacated pursuant to a Court decree.
3. Areas in which Applicant has been requested to respond, types
of reports requested:
Code Section
_, Sections: 3-200.70 Street and Easement Vacations
Referral A encies
1. County Attorney
2..Co~nty Engiheer <:
3. Zoning Office-
4: Town of'BaSalt
4. Review is before: P& /BOCC
5. Public Hearinq: yes ~
6. The applicant needs to post a sign for each public hearing
pursuant to Section 4-9 of the Code. (x)YES NO ()
7. Please submit a list of Adjacent Property"Owners: (x)YES NOO
e. The Applicant shall provide stamped, pre-addressed, letter size
envelopes, with the return address of the Planning Department, for
mailing to all adjacent property owners. (x)YES NO ()
9. Number of copies of application packets to be submitted: 10
lo. Planning Office fee deposit required: $2040.00
Referral Fees required: County Engineer $ 62.00
County Clerk $ 100.00
Total Deposit: $2202.00
il. Anticipated date of submission:
12. CODFM^NTS/IINIQIIE CONCERNS:
~,,, 13. FOR A COMPLETE APPLICATION, PLEASE INCLUDE THE FOLLOWING:
(Please include the. documents below in packet form)
1. Letter of request, addressing Code Section listed above,
which completely describes the proposal;
2. 24" x 36" Site Plan (folded) which includes the. section
of road to be vacated in relation to existing roads and
developments, and vicinity map;
3. Copy of this pre-app form;
4. Application fee;
* Agreement for Payment form (available at the front desk)
(1 copy only);
/ ~- i,7°f~YO
.,,,_. Y~1c~ars ~e,,y// ~/? s dui ...
..~ Ce,.; ~ -~JCof
:_,,, C,/,,, -.~ r~J~,..h i/2 ~/mss -~ 1z /asz ~ ~,
~_ - ~ K
,.._ p'1ue,,e -~ yc/ II/3o/7S ~lz.~TS`~ y ~ ,
J ~' 9
rny~P./s ~~wil~3u~T4 ry ~ PO •
wl~ -.~ cw ii/;o/a F Qi ~, ,~
a
.!~ .?z~jy~y /a 'dry' •.
o ''~.• ~ '
(~ /~'AY.iLE fkM16 ?FHM.x/ '.
\~ Qv LUQVEY Eµ4iNEECi ~~~--'
v P[.~T
V. '•'
r
._ f ,, ~ ~ T.acrCo.e
r e ~~ ~
o , ,,~
.' ~
~ "~ `
,~y~~ '
r ~ ;ti `
ti ~.~LGL C~ ~ v
o :~ Q ~,
~ ~ ~'£.r~3T/NC7 ROAD ; G s ~,
1J5 b
• ~~
~~
- ~~~~
~~V~~~1~
SETT'.,EMENT AGREEMENT
s""`~
-r
_ered n to aT,cr„ Ja: _. '..c'.{er; =.1an : .
'`:is areemant -
of _ ~,o..,..
y1» ~'noard - ~cu n=:~ mT : _ :,, :;_ ? .--
.__s_.,ners .. -
___ - t =uyr ~,~e,-do-=
b :_. -
_
er
c~orado; Susanr. Sie
__'-_-. -CllnrV 3oad Super.._sor; _raa-~~-_ _.. ~.
__.~~__, _LC.
RECITALS
.. ,, e t;
- The parties _., = i s Agreeme .-, ~~-• _ -- --` _t_ed
-' ~ - ~C are parties --- ~-. case --- „
- =r:d Snow lake of 3asa__, - - --- ouc-.a= =:-="
___ - "'cker anc --an ~-• :7d, 1C`i~-= -~_str_ct _.~__, ?i tri_~
- +De`=_^darrs, Case - ,
_ -- -=r-_ -ands -ear
^he _awsui.. --- - .:> -- - re" =rce_
>=--_~ ~olcrado, :rhic^ a__ ~=pi~~ec a= ----_ =jya =__ -as -=- .,-_
^_1an .-. ,.tcre,r the ?la_n=_== --- _-- _ _
- _ - -- -- c:tier
__ y 'J'~ r-anS'.aat ~aSa-i t ':'_nde ==eCC_3=c5 - -_ ~_ ___-__ '_r__ -,I: .. =°
_. ~.. -.. r ~ 5.a r,-nom -e .a W7'.._...
_ea_ _ _ _
Alai A. Storey G nti= ,, ,cc~_--=-- .g cper=^
anu ____ere St CL De'_endant ^ _a c _ _.-_ _ _=>rGs._ -,, ~, .set-=
. .. _g _^.V01'.red _r: the _3WSu_.., eYC°_ C _-~_ -_,-^iTl c3=ait 'irad°-
.. _ - ,- that -eYt-, r: '~ortcaae -,eec
~. -?ye_s .n _ " .:>scr - as a ~e.s 3 and _
- aces covering t:^.e Yea< ^rcper=.; _ ---~ - -
=_=.-_~it A attached h=_Yete.~
°-_'"_~~ oor~-lake '_ 3asai=.
-_ Alan A. Stcrev .-as t-_an_--__ _- - __:_ -_ _ '
_ t _ _ anQ ___r>cr ^_._ .-c_.a... _ S:GS V_-g
., •- __ - ... S=ir,->d =.. _=-aQ_]1_.?n~ nC. al_
DOUglas ?. ?ii j-e__ .^-,..: _r=n -- _ l'>r*
a:.c -e --ands labe_~_~
._s interest in ?arce_s 3, C, and ---
_asa_t Store" cn exhibit A.
?laintiffs Jan ~. Tucker and Man A. Stcrey, am "=_lan A.
7. _, < -~ • • :_ave d- scl~ 'd and
~,->.,~s assignee, Snowt_axe c~ °__asa_t, -~`_ - ~ ;,o
---~ ~to auit..iaim to 5rad-31_en, _nc. any =.._er=_st they o'. t---
-cr>_>_ ,
_=a, croperty described as ?arcei D.
3 The parties t0 ~: =5 .`-ett.ement ~gr>emcrt '.,aVe r°_~ 9ra 3
_ __ement o'_ their di spctes agalP.St Cne anCt^>'- -+: _~"-> ='aW` _.
ate---.
9 ?lainti°° Alar. A. Storey and ~e=encant Coug_as = jg2,
aye enLerodinLO an ACC°_5S Agreement catea _epL2mDer 2=,
~: - -
_ , _
~~9CCraed A77r11 .2, '_993, BOOK ~i .~, Pdge 449 GL t:.e reCtrdS ,Of ot:°-
- p. Bcunt• Colcraao ^z Acc_ss
~'"""~ -_=rk and Rzcorder cf { n ~
-_ r~_oT.~n-~~; The Access Agreement contains, among then
- _ _nS, an aQr°°-m°--^•t C`rnEY°_'"'`: Sc'_d DarL1°S W111 S nar? _^e CCSt
_ _ _ . __' ,._ a rpaa anG ~.-_ta_ =35eCfl°_P.LS
._ SLruCtlCn ana mainLenan.°- -" _ _ '
'- "~ V7e --^d5 -nV01Vea _:: .-ne _aWSli1t ana
____ _ _ ana .-,rOS51ng _._.._
,______ 4 -Xhl~J1t A rcrcLC,
AGREEMENT
-> m, h no: ' _ to 'oe derived
al e----'-_
?cr and _^ ccnsiderat'_on cf ___ -}~u s _:. .
r_e y _qr_°. °nL the rece~.pt and su==_c~ency c*_
~ m
cv _--_ par_, s Lo th' s _ -,
=he ~arL'-es aar=z as °_oliows:
.---~-- ar=_ _:ereby acknowiedcea, _
„f -~. -' - - _= and cf ~efznaa..- Board cf
_. The claim ~ =-_°--- '-_s Bolcr-dc - -=ck^ -^zd;
- .cmmissiorers of --_.{--- Scan=y, -, V`~ -y,
y----- Sour. Road Super,_.- _ =naL - puh'tic __ t~__ ..av .._ _ar.L;.
,.Y ~ Oey. ~..~
___.____ _ __o r=a-~ _ _ ...__.- _. _
- =ti1StS '...rOSS anV CCr=_..._ .._ ___ _ _ __ _ _ ... t,c
-_ti_- oL =: e _awsiii_ s-za-- .. .. -..__..._ssea -.._..: _ - . __ J. -_-
'---- ^^ - Bommiss__._ - ~- -- -
_-~-- V-= _.,_cmmencz prcce=d; - -c ;acaLZ =n acc.._~ c._=-- =ect_cn
_......=__a~ _y _ =he ig. _-=_-,,vay -onveyed w_ _ _ _atr•~menL
__~ --^-.: B.R.S - - _ _ ~k; .. ~CUnLV, raaC Or a5 SllCn
--ccrdedin Bcok '_15, ?aqe So'.. =-- --- _.,i., -_,- ^'~
-- ^,ay have ~ctcal=_ eX_sza in p c_, -= so__ as su^Q
-fight-cf-way of _..
..~rL.; whim-is t. e ,~"=
_iQhL-of-way crosses the -ea- _- _ "' --
;_`"""''± =awsuit .
-eY --o, *_c. ``,e ceedi°gs
~. Wit^.ir. seven ;7) days af_ _ mpie_- ^• oL _" - J
-__ .._~^~a~m de=_ds ca_:ec-_ r :may " ne
-~ =;acaLe said right-cf-way, --- ~~_~~
_c___'.aiag szc-ions of :.his SzL='-e;-ent _^-_greemznt sna_~ he execuLZd
>nd de'_ivered~by the par---eS•
" :Bounty Bommis_ic.._rs shall
The Defendant Board ~- _ _ -_ -_way as
_ . -eves- ~ - s,ay own ? .e =- - ~-
_alm and CCI1VeV any =n - - -' __ __ _
__~ Wally Conveyed by the docu-:er« _ecorded _ nook ___^ ?age 260
Y ?ecorder - ~ L.c_ ounty,
_:.e records of the rk r-q r, ght
- ler=do, and as claimed ~c vrs~ is mace, _nsofar s sLc
~~-;aav grosses the real. _ °r_` which is the .un-.ecL of the
awsui=.
n -'ef2ndantS .n Lhe _awsuit and who
a The ?laintiffs G a _ _
are cart' es to this agre~*'te*!c~-na_' execute and del_vzr Lo Alar. A.
..torey a quitclaim deed cover_ng ?arcel C.
5. The Plaintiffs' claims to Parcel D sha11' be dismishis
c,ri*_h prejudice and ccntemporanecusly with _h°_ execuL.on of
A<Sreement, P1a1Rt1Lf Alan A. tOreV and htS `aSSlgnee ~nOWfla}:e Of
3asalL LLC, ana all Defendants in the Lawsuit who are a_so part_es
Lo is agreement sha11 execute ahd deliver. a ctuice".aim deed
T_nc.; assi nee oL Defendant
_overing Parcel D to Brad-Aile-, g
tl""°* Douq ~ as P. Allen.
- 2
,~-,._
P=endart Douglas F Alien,
=1ain~if- A'_an A. Storev and D_. _
5 . - - - n- LC a:id Bead-Allen, =rc. ,
f°°°~ _~ t::2ir assignees Snowflake c= Gsait, --- ct
34+_PP taL the terms aRC provlslons OL t':° " ^°ss Agreement are P
=--eCCeO DV th15 Settlement ~Q..e°m°_nC, anCy '-'••c C1a1mS WR1C.^. Sold
re °S°^.°nC OL OnS "'L:CL-Cn
"___ cne another _r
C,ar_>e5 .^caV°_ a4a...SL _J` - _ne Access °Qreem°nL are
^:,3i-aLZ-T1aRCe COSLS CllrSllat'iL ~O - ~,
-tec_=lea-lY ratl=-_ed and reservea anC are ::OC affected =V L-.' S
r - an0 COnL"rm '-
AcreemenL. =a1C parLleS fl:rLne_ r3Ll=y
~_,~---. cm,cPt - :... -:ccC15 LC •De °_XE Cl~ :d
-' ___ PP9, n,_. The CL'lt...~a::.~ ...
-_-_--s c_ t::e Access P.ar__.._e.-~ N° i _
=r
-~e~lalnLl=F aRQ -eLencanLS shal_ _~:ade sun-sect _:~ -_e
- - As bet<<reen F1alnL-
°'.SemeR=S Created l:neer the AOCeSS Agreemen ^•v - this CO-ttlemenC.
_ ~,.. A, _torey and. Snowflake cf Basal„ -yJ_ "=~` _ PP P,-=
- emcn~ >Ilall b°_ SULJ]eCt t0 tne...~-r~"S -^G ,-,OS-i .Ci .yCir__m_.-'
-G=~; .,ecember _c, .993.
,n -99G,
Easement dated ~u~iy =Y, -
3y ygrPPment and Grant =_ v _73303 -_n Book ?=3
_ >--~ ded Auaust -.7, i9 _' - ~asait, ~LC
_..... __-- - - t:{1n COllnLy 'eCOrGS, -'=CWi _aiCe OL
_._ - Dl :.._--L Al ar. ~. -_O..ey, _. ._.,..-e`C' ::S iVe eaSEm2n`
_ -_ -., _a... -, _~,...P_r-•~ ~°r owhed Dv
_ -___..+__ der^rcu._3 u--_-- •=> >a YAP=~ s Pd -- -er°„' as -arc_= P. owned
._ J ,to v =1~a -. re .as ='--•ce s ---ve
a°_ous ~:dercrounc ut_llt _ _s --- - u
''.1 n l StCr°_'l--::d -:^-2 Cart-c5 aG=e°_
_ --_-: aL='-`; owne by ?lain:.'-== r a..... :, ~-' .:Lil_ ies '"
m:a3e Lo sic.. r__vaLe excep-
Lhat no connection s::ail De _~ _ -= Alan- ~=.. Storev.
upon fart^:er written agree^.ie.^-= -:pith _ azn..z__,
__ -h rlvate i.. ~ , - es
ThIS Droc,_sior. relates CP1V w C0^^2C Jatur°_-CL Lhe eaSem°nL-__
~`~' nan `1e ..cn-__.cl•.alve _.
and does hat ~ ge ~--
g. Flainti'_f Alan A. ~tcreY and -.=s_ assignee Snowflake of
_ r, ~ 'i ^P.rcn ' ^ "''e LaWSuIL '.OnO are part".eS
~3S alt, -..: ~., ana a__ the i'__•-..Cants _.: _.-. R , l on ~ .nC. all C`
~.. __d5 agrEPmcnt aQre°_ t0 CllltC lalm _.; tad-A_ _ `
title anC lP.t.PrcSt '.n the "BaSa1C. t0re° OarCe1 ShOWII
_____r ~-g+-L r --.,gin- .. VEX`?illlit _ caLL'aCneC
;.. ~xR_C_.. A aLtaCRea ;~e~eCO ana CeSC
EdCI'_ Cf t!:e pdrtl°_S t0 th1S .=.Qr?crr~ent CpeS R2 y°..^V "'el Pace
any ana ail Claims wn*c >ere apse ens s anV GClal sGroeyemaynhave
- and each Da__y e=~ r
-aWSU''t rei LO aOVerS°_ Dossesslon, t;reSCrIDLlVe
2,.:,a1nS :.leach Other Wh1C_"1 ~ _aL. -„
3dSemenLS, and OWn2'-~Sn1D or" t^.e '_andsdescr_oed a5 the EaSalt Store
parcel and Parce's A, 3, C, and D cn £xiiiblt A attached hereto and
which could have-been asserted in the Lawsuit; except that Douglas
?. Allen, Brad-Allen, Ihc., Alan A. Storev and Snowflake of Basalt,
~ iailts and claims they have
_~C sped ficaliy reserve any and al_ _
under the Access Agreement..
-y0. i,egal descr~pt=ons for P=reels A, 3, C and D as depicted
- her r - B and incorpor:'.Led
en Exhibit A are attached e_o as Exhibit
_r,eTein, A legal deSCr1pt10n fOr the pr Ope'-"tY +CnGWZ` aS the Ba:~alt
and nCOrPOraLed
Store carcel 'is attached 'hereto as Exhibit C
,~, here; ~, ,
- 3 -
i mac. and Alan .'=_. Stcr=_y s:rall each pay
-~ 3rad-Alen, _ r__=_ ~av<;.ent of High
_--_-_ „p _ High Country - =ln °-erlrg in pa_ - a
_' ,t'=.J'Sy=ee t0 prepare _eQa1 deSCrlptlORS GRC SUrV°V map iOr
-_'_~ -15 A tti'irOUQrI D and tie =dSa'lt Store parC°_=, anC t0 CVer1 aV tae
_~ ~-^, Ce SCrlpt iOR CL T-'ar^el 3 CCnt a'_ReC __. paragr apl': i7 02 `.ie
J S°~le r_ J=0 Amended CCmpla_nt (St. JUde's COmD3nV) ?,!ile P.ded aRC
- c:,'_em.sntal CGUnterCl31m5 aRC CrOSSClalmS CT_ St. .._aCe~S Company cn
3 _OpV C~ tCie neW SUTVOV map OreD3rEC py H14'r. CCL'n ~rV ERQ 1.^.eerlag,
- -_ Jude's Company _.as Gg-Pee.. L'P~C,e.. -S cL.~_G:.°_ GQreemenL tC
-^ ta! ~2~.~0.
~aV =__-e remaining $"_75.GOntoward phis cost~.or _ ---
^e executed ~ ^ coon =erLar~s ar_d __ e
This Agreement may ., - .m ;,r
_' . ~ ' Institute one _-atr~~ e_._ .
_____terparts togeL:^.e,- sna~._ ..
r_ t0 - i5 Agreement Sna.L_ ____ a SL1pUlateC
_ The oar..' es - ..~~, .- -; :r.s agalist
_.,____ _~- dismissal wit:^. ~_ =udice to d9.5m1_s ~-- -- ---
:..= a ...t:-er _n the Lawsuit .
jq ".~~,t yemPn= _C __'.e^.t S.'1aL_ ....
'ne -P_rms and prcV~silns o? •~.i - •- - -
-•- -he= ~~ hF,i_•~, sucle=_sI°=_ _--~ ~s='~g^s.
----~-- _ 'anon the cart'_=s, _
0 0 =^r and s:~:a i l pay L'neir
-_-_ Each party_hal~. ~- r sponsibi.. :~ -
rr~
_ e attorney =eP°-s and costs incurred is ___is a__'on.
-==vecLi-r
DATED this 'rey
°,
~ ~~~/
- L TU KER
=~;:GLAS ?. ALLEN
^i 1
r
_ LAN A. /TCRE_
SUSANN ~~=BER- CL~
BOARD CF C.^,U::m`_' CC:~IMISSiCNERS
OF PITKiN CC`,'NTY, COLORADO
-=nODORE K. GUY
SNOWFLAKE OF BASALT, LLC
By:
JACK GREDiG, ?~TKIN COUNTY
ROAD SU?ERV~SOR
- 4 -
&"'e'+
Gv
_`.1C: ' . l^larGer - y.4']20
_---n'y :.or St. nude's Company
`snd '?arQareL D. Cerise
_. GoY "738
_--._...,JdeS_ -3035945~94p~601
.. / //~/
~j~ ,~~
Thomas L~. Stuver - =1s__
Att Orney _Or ~'an _. _'~.~C i:er
and Afar. A. Stores,
A, G. GOY 9C7
-e1=phcne: .03-_~.-_887
-' NhltSitL '*~~%'S2
imC ~=.V ..
AttOrneV-~cr Board Oi CCUnLV
CCmm1SSlCnerS aRa ~3C1S GreQ1Q
S~0 Bast Main StreeC, Suite _
Asoen, CO 81511
^elechone: 3C3-92C-819C
--A.\?SAN, '=AIQNER, ~OWNI~IG & Zi~10WLTON,°.C.
Gv:
- and C. Shearer - x8792
Shery'_ L. :owe - »12326
r;tLOrney Ecr Dcuaias P. P_llen,
Susann Siebert Guy and Theodore K. Guy
'~6C0 Broadway, Suite 2400
^en:°er, CO 30203
^eLLec:^cne: 303-830-°ili2
- 5
:qn .:
CLANAHAN, TANNER, DOWNING &
KNOWLTON, P.C.
ay
Timothy E. WhitsiLt - X5962
Attorney for BOARD OF COUNTY
COMMISSIONERS and JACK GREDIG
530 East Main Street, Suite I
Aspen, CO 81611
Telephone: (303) 920-5190
Bv_
Richard C. Shearer - ,879`
Sheryl L. Howe - X12326
Attorney f r DOUGLAS P ALLEPI,
SUSANN S_EBERT GUY and
THEODORE K. GUY
1600 Broadway, Suite 2400
b~enver, CO 30203
Telephone: (303) 830-9111
~""'a
rr"",
4
9. This Agreement may be executed in_counterparts and
the counterparts together shall .constitute one instrument.
10. The parties to this Agreement shall file a
stipulated motion for dismissal with prejudice to dismiss their
claims against one another in the Lawsuit.
The terms and provisions of this Settlement Agreement
shall be binding upon the parties, their heirs, successors and
assigns.
DATED this day of
DOUGLAS P. ALLEN
in~c
THEODORE K. GUY '"SUSANN SIEBERT GUY
BOARD OF COUNTY COMMISSIONERS. ST. JUDE'S COMPANY
OF PITKIN COUNTY, COLORADO
By:
By:
JACK GREDIG, Pitkin County
Road Supervisor
BRAD-ALLEN, INC.
By:
MARGARET D. CERISE
APPROVED AS TO FORM:
STUVER & GEORGE, P'.C.
i '
~~~%J.~ I---
Hugh R. Warder - #4720 Thdmas~W. Stuver - #1411
Attorney for ST. JUDE'S COMPANY Attorneys for JAN L. TUCKER
and MARGARET D. CERISE and ALAN K~. STOREY
P. 0. Box 1738 120 West Third Street
Glenwood Springs, CO 81602 P. O. Box 907
Telephone: (303) 945-9402 Rif 1e, CO 81650
Telephone: (303) 625-1887
3 _
1. The trespass and any other claims of Defendants, ST.
&~ JUDE'S COMPANY and MARGARET D. CERISE a4ainst Plaintiffs, ALAN A.
STOREY and JAN L. TUCKER ahd against Defendants, DOUGLAS P. ALLEN,
SUSANN SIEBERT GUY, THEODORE K. GUY, BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO and JACK GREDIG, Pitkin County Road
Supervisor, :hall be dismissed with prejudice.
2. The claim of the Plaintiffs and of Defendants BOAR?
OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO and J:.CK GREDIG,
Pitkin County Road Supervisor, that a public right-bf-way or county
road exists across any portion of the real property which is the
subject of the Lawsuit shall be dismissed with prejudice. The
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO shall
immediately commence proceedings to vacate, in accord with Section
~3-2-303, C.R.S., the right-of-way conveyed by the instrument
recorded in Book 116 at Page 260, Pitkin County, Colorado or as
such right-of-way may have actually existed in place, insofar as
suer. right-of-way crosses the real property which is the subject of
the Lawsuit.
3. within seven ;7) days after completion of the
proceedings to vacate said right-of-way, the quitclaim. deeds called
for by the following sections of this Settlement Agreement shall be
executed and delivered by the parties.
4. BRAD-ALLEN, INC., Plaintiffs, ALAN A. STOREY and JAN
L. TUCKER, and Defendants, DOUGLAS P. ALLEN. SUSANN SIEBERT GUY,
~^ THEODORE K. GUY, and BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, shall execute and deliver quitclaim deeds
covering Parcel B to Defendant, ST. JUDE'S COMPANY.
5. ST. JUDE'S COMPANY and MARGARET D. CERISE, shall
execute and deliver to Plaintiff, ALAN A. STOREY, a quitclaim deed
covering Parcel A ahd Parcel C and shall execute and deliver to
3RAD-ALLEN, INC. a quitclaim deed covering Parcel D and the Basalt
Store parcel.
6. Legal descriptions for Parcels A, B, C and D, as
depicted on Exhibit A, are attached heretr as Exhibit B and
incorporated herein. A legal description for ~ le property known as
the Basalt Store parcel is attached hereto as Exhibit C and
incorporated herein..
7. Each party shall be responsible for and sh pay
their respective attorney fees and costs incurred. in this ion.
8.
COMPANY shall
Engineering,
C hereto.
BRAD-ALLEN, INC., ALAN A. STOREY and ST. ~ '.'S
each pay $175.00 towards the cost to have Hiqh c. ,ty
Inc. prepare the legal d ` motions c- °_xhibits nd
2
I _
~~,r1~ ~i ~'~ ~
~, SETTLEMENT AGREEMENT
THIS AGREEMENT is entered into among JAN L. TUCKER, ALAN
A. STOREY; DOUGLAS P. ALLEN; BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO; SUSANN SIEBERT GUY; THEODORE i~. GUY, ST.
JUDE'S COMPANY; JACK GREDIG, Pitkin County Road Supervisor;
i•SARGARET D, CERISE; and BRAD-ALLEN, INC.
RE~ITAL•S
1. The parties to this Agreement, other than BRAD-
ALLEN, INC. are parties in the case entitled Jan L. Tucker and Alan
A. Store Plaintiffs v. Dou las P. Allen et al. Defendants, Case
No. 91CV351, District Court, Pitkin County,' Colorado ("the
Lawsuit").
2. The Lawsuit relates to ownership of certain lands
near Basalt, Colorado, which are depicted as the."Basalt Store"
carcei and Parcels A, B, C and D on the .diagram attached hereto as
Exhibit A.
3. ALAN A. STOREY, the Plaintiff ~:n the Lawsuit, has
acquired all right, title and interest of Plaintiff, JAN L. TUCKER,
and of Defendant, BASALT TRADE ASSOCIATES, a partnership, in the
real property which is the subject of the Lawsuit..
4. ALAN A. STOREY, Plaintiff, has acquired all right,
title and interest of Defendant, GISELLA FIOU MYERS, in the real
property which is involved in the Lawsuit, excepting the interest
of GISELLA FIOU MYERS in that certain Mortgage Deed from BASALT
TRADE ASSOCIATES covering the real property described as Parcels B
and C on Exhibit A attached hereto.
5. DOUGLAS P. ALLEN has transferred to BRAD-ALLEN, INC.
all of his interest in Parcels B, C and D and the lands labeled
"Basalt Store" on Exhibit A.
6. All of the parties to the Lawsuit, other than the
Defendant, GISELLA FIOU MYERS, have reached a settlement of their
disputes. The Defendant, ST. JUDE'S COMPANY has obtained judgment
against any claims or interest of Defendant, GISELLA FIOU MYERS, in
the real property described as Parcel B.
AGREEMENT
For and in consideration of the mutual benefits to be
derived by the parties to this Agreement, the receipt and
~, sufficiency of which are hereby acknowledged, the parties agree as
follows:
• ( ~:
r^^^a
- PHOPr2T° DESC2L°TION
- PARCH. D
,~ TRACT OF LAND SITffATE L`7 TRACT 59, TOWNSSZP 8 SOIl"LQ, RANGe. 86
"v7£ST OF THE 6TH FRIl`ICLp?iL 2SE.RIDI~,+*T BEING MORE ?ART=CDZ.aRL'i
DES~TBED P;5 FOLLOWS:
3£GiiNZ`TG AT AP I OF SAID TRACT 59, '^..~^NC£' S 00°03'25" ° e'1LONG Ta~'
.3ST°-RZ.Y LINE OF "_tACT 59 26i _00 FEET TO T°iE T44? POI"`I'I' OF
aFr_rn.1T?7G; THEI3C£ CONTIYIIING ALONG SAi~D EASTERLY ~£ S a0°03'25" E
109:50 Fx...ET TO A POL'TT ON T~ NOA"ra.:.'-'ASHY RIG£T'aF-WAY OF TEE BP S~,I.T
3YPASS; T°~ENCE LEAVLYG S~SD EASTERLY T"~ N 75°50'29" A ALgNG SAID
Hi,GiiT-OF-iv'AY 12.38 ?.:ETi T~.'-^iC~ Lr.AVLNG SAID 3:GHT-~3F-+3~~
N 01°10'04" E 105.92 FE..°"T; "-'~~~ N 86°36'51" £ 9.75 ?::-°T O --'
'~RTJ^' nnrym OF $EG'NNI':ZG; SAID P~RC~.+ C^NT~u`Y1NG 0.0269 ~C.4£S, '_30RE
OR :?.SS.
~""'"?
,; -. -
.~ -- :, - .
. `:' EXHIBIT B .
_ .
PROPL_°.'1"1 DPSCRL~T=ON
gAS2.LT STCR° P?~RCF-t' .
~ ~~R L"' OF LAND SITED Iid T°~C= 59, TOWh'S3IP 8 SOL:'"°. BAP7GE 86
w"r..S'1' OF TEE S'~ -°--?:dC~AL :~TJL~.N, COD2I':Y OF PT.Y~3, ST3'^y OF
COLORADO; S?.ID P3eZC=. 3EI.+`TG ;20R. ?3R"'TC'-~~Y DE''~"~~ °S FOLLOWS:
CC;~?~'YCidG AT A.`dC ?DINT N0. 1 OF SAID "LRs'~C1' ~9 ; T:3;:.4CL.'
S 00 ° 03 ' 25" E a%CNG ~."~"^. F.AST`r°T.Y Lids OF Sal`D T=~-~C~= -° 99 . i4 "~T
O .-"rrr mv,~ a0'^IT OF 3EG'~dNT-'-IG; T..ENC= C.7NTZ*dGI.YG aI.CNG 5?.i"D
'^ - -- - r,,, ~ S 86°36'51" A 9.75
^~.~;~.-R.T,Y L.~.~YE S 00°OS' 25" E 167.36 r =T TO ~~,,, aN ,,,~' :TOR^„r9"~•Z
~; T j.~Cr S 0Z°1p'04" W 105.92 e......_y ,,,~, z.OLLCWIrG FT_VE (5)
RI ~'-~JF-~t'r1Y OF _"'Q..L ?.2..S.~.i.T BY°S,SS; T~'.Y~ ----
CCL:RSES :'.ONG S:siD 's:.sdT-OF-~rTe~Y:
i , v 75 °:0' 29" W 38.78 ="=
2, Y 76°20'21" W 45_38 r'E.'.='
3_ :d 74°44'59" W 59_i0 _
.~. N 06°44'52" W .'.6.40 .-."""""_-
~. Id 09°SZ'41" W 89.0'5 :E-°'T T'J a °OL`iT ON T1T.-~' =-:5=`'-°.T,T
:ti.`'_~ -OP-w~.Y OF e'1 G^CNTY ROAD i ~~'= N lp ° Oi t 45" Y : ~ ONG 5?.SD
-~c:~LY :tiT_G~'^-OF-w3Y 122_90 F~ TO ~ POL`IT CN TL='^' NOicLY LINE
OF A RFC==+ OF L2..*dD CESC.~T_3ED ~d 3GOK 38~?.S 87° 7x40"03 3L.ONGT~
COUDPl^Z CS~:'~K e~ND EE~BDEES OFF..C; "-'S~'~-'7
*iOgTHERI.Y LIVE 249.36 FF.W T~-"dC: COliTI'"d~`VG AI'ONG S2u7 :70RT-~''_."Rr LY
~°-0 LZ:dE S 14°IS'40n g p,~g FE..c'1` TO '_"gF `R44E°Or7T OF BEG_'^i2'~TG; SeSID
~~C''•••I+ CONT~T`1=-`dG 0.937 AGr~""•5, YOsZF. OR Ls.SS.
_ .~._
_ _ .. _.
_ .. ~ • _
.e'n`
_ . 4 ~ ~ ~~
_ r3
. _.
1-- ~ PROPERTY DESCRIPTIQN - .
g P.~R~+ OF LaliD SL'~'^`-D Ili T3BC: 4S. TOWti53'L~ 8 SOB^.'r. R32IGr. "6
'r:EST OF TaE SL'L'.^3 P3.T'ZCL'~AL ME.2.TDIFIN. CDL^_i'_"° t;v -~IT+gr~~ .~.~,~
COLCRr~LO; SAID PARCH 3"r.-.'`TG MOFE P31L^ =~~'Y DES "'2I:~ dS FdLLt
TRACT 45, r?TSE ?OT_V' ,F
CDI~~CYG AT ANG'.. ~ -0L'IT NO. 7 OP SAID SCIIT'FL_°~LY ~'.3 OF ID
acG-~iN?::G, T~.*ZCS S 3fi°36'51" A ~LC:IG T:iE T~-QF-r~AY QF g C .i"T`~
~21CT 45 1.10.47 F~ ':'O 'Z`s--E SOII'
EGAD; '="'-r'YC..° Lc"'4VLYG 5~'D SOII^~"~.-3^" I.Y TRACT Li TE ALONG Se~7T 3T-~C -0F-
WAY " *.CNG T3E ArZC OFd C'JFZVE TO TQ.° LEFT gppl,YG g RADII 4F 3 . / 7
~,~ 1ND A C..~'`ITR1~1L ASG'•" 08 ° D6' L', a DIST.~NC..° ONTTYIILYG dLNG SAID
3EA1ZS N 30°32*29" E 30.07 FF-E±i:~~-~~ O9OINT ON T=' rsc==?=+1
~Ga -OF-~+7Y :F 26°29'41° E 213 '_ FE.z'Z' TO a r^m-rCF-rite?
OF SAD TR_~ 45: "=-~~ T.F~VI:iG SAID 3x_
S 0 ° 01' 30" A ALC23G '~ -~5'*~Z LL'YE OF SAD T4,ACT 45 Z.O 21 ='EET
,,.0 rt.c:~ ~**vtts cpr~ pp gcG'~TNT_ZGi S3~ F_~RCD CO:t'T.~LV~7G O.Z50 i:L"...=5,
'SORE. CH L SS .
~_
~ F.~1RC:.':, OF LAND S L'J TRACT 59, TOWNS~P 8 SOIIT3, ZANGL 86
'n~ST OF THE SS.YTH F3LYCL?~L :1-~S7IAN~ COIIPIT`~ OF PIT-~3' , STATE OF
COLCRP.DO; SAID P_11RC~. 3EL`7G MORE PARTTCIJLARLY DESCRIBID aS FOLLC3WS:
C02~'iCZ*TG AT ANGLE °OI,*iT NO. 1 OF S~.ID 'T_'QAC=' S9 , '^`i~' ''' :~ °OT`I"-' aF
BEG=NNT_VG; TT.~-''rCE S 86°36'51" A P.I.ONG THE YORTEERI~Y L~"`TE OF SeliD
TRACT 59 165.00 F ='"i VICE S 00°03 `2r3^ =-'+0.63 F~ TO T~_.t. MOST
NORT`iWEST°-RLY CgRN."''... OF A P_~RC°.-. OF Lc~ND DES~~ID L`i :'•bOR 379 c~T
?AGE 994 GF T:~ RECCcRDS OF T:T•E C...:"~K AND RECORDER OF °Tm-~-N COL`"T'Y,
CCLCRaDO; TH...F'*7CE~,CNG THE NOEL"'HE2LY LSE CF SAID °~2CE7. THE
eOLLG'r122IG FOIIR (4) CrIIRSES:
1. S 59 °39'13^ E 53 .80 i :.='T
2. S 86°41`49" ° 77.22 74°T
3 S 68°03'07^ E 44.33 F'Y'
.} . S 14 ° 15' 40" E 0 .59 FE:'1' TO A FOZ:~' CN TH : E.~.STr.RLY ~.-` L
CF SA1D TRACT S9; T.:.'YCE N 00°03'25^ W Ai,ONG T='-E E.~ST~:.3_ L_-YE CF
_~ ~OTV'T' CF aEG=VN?'1G; Sc~ID
SAID TRF,CT_ 59 99.14 F'EE'T "' '"~' "~~
----
D~RCEL CC.7TAINS;7G 0_275 2.C_RES, ORE OR r,^SS.
\ _..
~'' PROPERTY DESCRL°T=ON
P °r O
~ P_~RCy CF L?.*iD Si3'JdT~ TI 'ry4,gCP 59, TOWNSHIP 8 SOL'Tr,
CDIINTY OF -°ZT-~,
` :cA.'7Gc. 36
ST~2'E F
W"rST OF '~ `~.' S.= >1"s BRIYCL~AI~ DI1~N,
MEN-
mT Y DES~~ID ~
AL FOL:..C =
COLCR.'~.DO; SAID PARS BEI,VG .S o
ORE _AR--C
CC:L'~;"`rC= ~G AT A21.^=+.c. POI2IT :i0. 1 OF S1ID TRACT 59 ; ':.^--~-'= .:.=
S 72 ° 59' 26" W 172.20 FE.~'T TO 'S~ MOST NORT~ST`--~`= ~~~ OF 3
~~,RCID CF LAND DESC?TB~ N BOOR 379 AT~ PAGE 994 OF T W' 3EC~RDS OF
_ COLORADO, '"~'' '^RD'E POINT
Cr:."'?~ AND RECORIIL---R OF PITS~2i' COD2TS°.
-,.I.YE CF ~?.ID ~?.1tCE.T. T.7~
Gc 3~ ~GT~T*tI?TG; '1'~T~C_v ?.LANG TB~ NORT°~:~Y r
?GL:.GWI:~G~TBR~ (3) CCDRSES:
I S 59 °39 "_3" E 53 .30 F~..='"
2 . S 8 5 ° 4I' 49" E 77 .2 i 'r'FWT _..... NOF~..='R.Tu'r LL:iE
S 63°03'07" E 44.53 Fzr' TO ?, POT`tT ON 'T"T~' ~~TCE
3
??.RC~+ OF LAND DESC~?,=RID I.`t BOOR 332. AT PAGE .8 ;
V o'°`'-',•+O" W ALONG Si~I.D NQRT°~T~Y L~.~'IE '64.74 F~T ':"J 3 POL'~I'S CY
~aSTIDI+Y LL9E 02 SAID IIaRC3.':, of LAND DESG~BED ?Y BOGR 379 dT
PAGE: 994; T3E;iCE N 00°03'25° W ALONG SAID W~STy2LYL~-'73 40.90 FEET
_ '_^RIIE DINT OF ~EGI`7N-`7G; S~"'D P_~RCID CCNTP.LVL'`TG 0.064 AC_~ES,
,,,~ ...Q.; o _
-- ---
wOPW GR LDSS.
EXHIBIT B _ -
~' ~
' PROPERTY DESCZL°T=ON
PBRc~•r. D
~, TRAC: OF LAND SITU?.TE I.`i TRACT 59, TOWNSHIP 8 SOUII, RANGE 86
WEST OF THE 6TH 2RINCyAj. L~..°RIDT?N EEL*dG MORE PAR^'ICCIu'1FZLZ
DES~IEED AS FOLLOWS•
3EGI:YNL^1G AT AP 1 OP SAID TRACT cg : T~---NCF.' S 00 ° 03 ' 25" E t~LONG T3.i'
=?ST~Y LINE OF ":RACY 59 2.00 E'F...~'T TO TgE '!'RIIP POI""7'P OF
Y Z.LL*7E S D4°03'25"
ngr_r!~7NTVG~ T3ENCE CCNTIYIIING ALCHG S.~'D E.~STLWRI+
109.50 F~T TO A POL'tT ON T3E NOAT~I.`I RIG3T-OF-rTAY OF T~ B2SaI.T
3Y?ASS; T~NCE r.rnVl.`IG SAID EAST`-'EI'Y I'-~'~ N 75°50°29" A AIANG S~,SD
RIGH'S-OF-i~aY 12.38 c'z:..4'T: TE:^`TCE Lc.~V'y^ZG SASD 3IGnT-~JF-idAY
N 01°10'04." E 105.92 FEET; T`7..~""t~ N 86°36'51" E 9.75 ?~'T TO
^'4*S" ~DTy^_' OF BEG"NNT_NG, SAID P3RCWT. C~NTA.~"`TI~G 0.0269 3C.RES, *_3ORE
CR L SS.
' ,; _:
_ :.-_EXHIBIT B -
BXHI3IT "~"
t~,°'^,
6".
U6i' 370t
6~SJ a
, .a, .: ' _
ti YpS S tYa61! 1a! lIRT 6 ~ M~ s
.
_s au's t.~a[tm+tasa.ax
S, mam art.~s+sar sacs ..em
cuo m w :.c rua s ~+.~c. .
1, ~~ ~.¢s > c.~.r aim' is .m...~a.
~s.vw.. ~u.~ c~mea a ®s v ~
wari. ..
d ~
s-
R
. r
gC
~ _
:: --~
1
__
~.~
~.~,.~
. s 1eC
rt+
~ - /r i a
al ~
s ~ r i]$,. ~~w3 7
I .. . ti, _ . , ..65.7 s _ -
9
• a} ~`
6a s .. ~ ~~
i ) rwnd„gtslr.of-polorado, oI Ow uoond park
of ttie (henrstpej.:.... _._~_.... _...._:._..._ ,. ,.
WITXR33RTR' That the said partUL.R/ ~ !~ Park f°r and 4. oonstderaeton W the sani
.eei~'tt{CGtry-rnt-n«:C::e7uafCl; 'r„i Z~ ~ a.'t;r°a -.. .... •------ wFermfGhere6y unjaualaml aeknemltd[ed,
!o the tai.1 parEaG(.of Ehe ~r+` Pnrt ~n ~~ Pa,d by ehw aatd Pa+'t ~ of the seeond Pik tM rauipt
ha(i..tenated, reteaaed, aid, oonoeYd and QDIT CLdIMRD, neat y these Pruenb do ...nmJse, roleaa0. seik unaey oral QDIT-CGtfM auto the
raid port- -..of eha sound Part .....:........... ..--...ioeiR+-and'ar~t!n' orear, ail tM rt(h!. tttie, tnterak ainim and demnnrE which the taki
- ----- !n the (%opn[9 of
P of jIraE part harSLin and to !Iw fotlomtn¢ duorlEr3_L-Y .-~'I..C'tP~'t-~ ..-.___.Jtenata. lytnl and bttn/
.11'i~3NAi..._........_.._....and StaEs of CoWrada, !o wtl: /~ p 6 p /
pp / f , • n~ .fin ~1i.,ern ~~ t ~L:./fr• ~,r n4 face Z .rtr'1u;r-4f. itunr.I/X~Nilo'zCA'X
~i~u, y;.{ r mvn v_ -LoL 2rft d/ n a Y
~r/ /fir i ~P . r i// / ~
L.fLPi.. g~/~t..a r.r .^ .'`?eel,/- i..t. E./,!n arr.C~r2 r~,rl r/~,[t~ fl,Acrr/1~t2~ r f.n ~t2fi•GG L! ~ ~`~e2~rvrrvte~ a.,.e_
. 4 it ~~'' 0 ~! )/,/ r , / ~ ~.;? t~G ~ " 0. "~/f1. /7v 0~1.d'dLtt.Lc
'matrr~ o-ll Y~.!v CO2ti6 -fe rx.'/ nJ ~o ~~// .fie /f l% ,~ l~ (,4 ~- n, r ~ n 'j~
f `' f%~n t/ n%',/a.c~C -[a~P/; t /+-o,:;,cv Jjd~L> :~ ~jC" y .9S ~{f =tlcca•L<v °J`.e t.t ///~/.~ ~i .eaf_
(/~ (~I. .r(•~'nG~~~rr~rtC.rtt~../n~'/~~yt,E~r.%r.;rrli.^iv/r~,E/ ~~
'OCW>Lr~n tr ~'/l n,t
l'n i`,eGCr~n ra,tC- i/~C(:~ . Its+ Ei C~.err rrr ~~~ //OG(~/ .~+eae''.e.r1'eCl ietvsar+- .~c~7i 1 ~~•(~ ~ 9!~'p'~~.__._
d~Kar.C(,. /)( (21.r %%.//~1.,~/~. :f/"ir/y t'.!^ (/~. G2,°: /1 ~ /.1 [: /~l ~~trr.rli ~7 ~~ /i~ i ,/ __
/. ir.u r.r/ t/j /~+~/4 ~lG/ /. 6 ~ i tlJ ~0 r/,t' ~~ o /~:~1 /Yii Ezt,L -~yd~ ~D . r /Z G.,~.t.~~~4/._
C(,C~t.p)(. t`,t ~ZdR./~.!/i'^t/'7/i.l')~ilr,.+r.rti 1~W/ICGt/.~~.b'~n.rrq., /'ti/.Ltr~~it,r/t. cf -~.A.grc%.Ld'Lty ~_.
pp a i e rcA[4,l i rJ.r r./...u ~ C r- ,C/ c/ %a,r~./+.fA../:~.rr d~',ar(i. ~n.~/1.OSr~-
Qlfr.r;1.' c/nr~d._t'C,.4~'q,r.~a- ~~ r~w-. (l p .~
n 4' ~ / 4Cn ft'ir1_ ;rJ snr.~.J.r ?,ttA.(/n_ra .P,u.2 r~c~/•~.0_7~__
,1.4!.[IPtn//+(. ,ev Cl.tri lr tt t/, rr ~.n:L n.rrr[•, 6 C V
TO IIAP'R AND TO IIOLD TRR SAA! R, fa~ether with all. and stn/ulcer the appnrtenanetr and Prtu[IeQee Ehereun[o 6elon(!n! or in anywise
[hertnnlo apper/ntninQ, and aR the eelnPo, rlbhE,t!lte, InkruE and efaim wha4oeuer, of the mid par E. ..ofN~Parl, e[lher En lam or rpu![Y,
enoen
to the only Prolkr use, benefit and behuf of Ehe said pnrl..4l:.nf the seumt pnrE ..................... ....... .dnnd!/and seoi~the day and
PP ._ ..............._.
'IN fi'ITNRS3 TVHRRROF, the sold parE_[1/-o}'!ho 7lrsE par! hart~Eurounlo set.-..U,G1l
yrnr JErst nboue wrl!len. , rn , '-`
BIOBSDr OFJLS9 -1D DSLIVCRPD ID PBE8630B OT (' P - JJl [_. ~-~.C„t1,J,A/,_-------,.-__........ (re~u.
r
,'' - i t, "~' '
'~ ~ (/i ,~; Orr n-; f.,
r..._5 .~ .; , . ,
.., -,,... .v.... <:. _:+S-~ 1C:t.:L:JY?::i.fi..._..-....._......_ nom
__... _. ... P
BTATHI OF COLORADO, / !. -----
J. V
(r~rl i as. L. ~.Ir _rr/...x. !!Lr ,!1 /rile r! '/; rn5 Fl/"tr~
County of.... .... . t .... .... - ~ ~' r bSjFl/ ( en~iL Cut
in and far said L'aunEy. and lhe.SluEr aforranuL do herebs! urlyY ttnt-r}:~.-l w /t/rR!t'+"'(i ``--°' ~ j/ ~ .... ..... ~ _
) s .°_._
--~----~-~-------- -------'-----.----'---l,rreonidty known to efts as Ilse persorvbiuhoea na{nr1,/_-n g ( suLrcrtba! la !hd nnnrsut Deed, aPPured bofore me
ehte•day in person, and aekrmwtedpeit !hat--_.El!!. ~ .:............si(ned, seated and dr/teertd the sold Wlrrment of
mr[lLnf nr.Sl•J.zL!.frce and ulanlary aaE jar carer and Purpvrru thereto se! forth. r~ _.
Oiven uru/er m hand and_=~~tZ(4.tr R~ sea7 thL _ 1 dnY Of ~r.ilnlrl»R:!,'_...::"
Y - ~ ------- __ (// G
.t. D. 1899 ! (i ~l ...y rrr . !.fti tr2.F ft::
'' r"try ------------------_!: r/Iu'.~,ast.(/..dr%:6_L:U_
.r....._..... 189 ---- 6
.tl y Comnaisston esplrrr..._.-.~:.:!.I:r,~._.~.1...._.......'.
I
__ _.. H¢ .......__.... :. _ ................................Deputy..
_ ~ G~ ~~ ~~
EXHIBIT C U~S7~1 ~~~~
_----- be~}`~y,~cL
A right of way for road Emma to Basalt or that portion which runs
through the Grace, Huff, Williams, and Lucksinger properties
beginning at a point on the East line of Lot 11, Section 18,
Township 8 South Range 86 West of the 6th P.M. 170 feet South of
the Northeast corner of said Lot ll, thence North 41~ West 95-feet,
thence West 1194 feet to West boundary Lot 11 and East boundary Lot
19 "Williams" owner, thence West 1343.1 feet to Williams West line,
thence North 110 feet, thence West between Lots 3 and 8, 97o feet,
thence North 62~ West 455 feet, thence North 7250' West 156.6 feet,
thence North 8845' West 192..7, thence North 7940' West .174 feet
thence North 7015' West 369 feet, thence South 8830' West 426.5
to intersection of road from. Emma to Basalt being for a strip of
land forty feet wide.
pn. a ~ :i e.,}+ t v :% .r iti>3 *as~ Rr'~. ~ .ri ' ' nfl~, M5
~a s
.~t+.on ~,~ *4f`~i,:~~ ~'t.~~4 +;e i"rf:.~ ~~ . ~~~5 ~S"`~~-f ~ 'f~' •, `~~~~ hat ° an"Er '~*
~ f33S7T2 04/12/93 12:36 Rec f90. 00 BK 7O9 P6 449
°ilvia Davis, Pitkin Cnty Clerk, Doc f. 0O
1~Cv$38 RGREE_A~E' Jam'
T32d9 ?.(iREEMENT, made and entered this p~ day of September,
1992, by and between ALAN A. STOREY ("Storey" , DpIIGLAg'P, ALLEN
("Allan"), dnd TR8 219TER*7ATSONAL'BPBbZALTY GROUP, INC., a Colorado
corporation ("2SG"),
7I Z T N E 9 8 ET B.~....
k4EEREAB, Storey is the record owner of a parcel of land
situated in the Town of Aasalt, Pitkin County, Colorado, containing
approximately 5.42 acres, which parcel is more particularly
described or. Exhibit A attached hereto and made a part hereof by
this reference (the "Storey Parcel"); and
FiLEREAB, Allen is the record owner of an approximately 0.93
acre parcel o! land which adjoins the Storey Parcel en the west,
which parcel is sore particularly described on Exhibit B attached
hereto and made a part hereof by this reference (the "Allen
Parcel"); and
WHEREAS, Allen desiresto convey to the Town of Basalt aforty
{40) foot wide right-of-way, along the northerly boundary of the
Allen Parcel between Emma Road and the Storey Parcel, for public
and private use for access and underground utility purposes; and
AHP.REAP, Storey desires to grant to Allen a perpetual access
and underground utility easement along the westerly boundary of the
Storey Parcel for the common use and benefit of the Storey and
Allen Parcels; and
161C'RHAB, the parties intend to share in the costs of
(i) improving and maintaining these easements, and (ii) installing
dsr~gin ut~llty lines that will serve both of their Parcels, and
wish Yt9 ^nt.!r into certain agroem~nr_s in cannection therewith; and
l9HER1'AB, ISG is under contrAct to purchase the Storey Parcel,
and desires to ratify and approde this Agreement.
NOR. THEREFORE, for and in consideration of the mutual
covenants and agreements herein set Forth and for other good and
valuable conaiderati.ons, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
1. eve asios of Riaht-of-wav to Town o~Basait. Allen
hereby .bargains, sells, transfers and oonveys unto the Town of
Basalt, Colorado, and its successors and assigns forever, that
certain forty (40) foot. wide strip of land lying south of and
contiguous at all points to the northerly boundary of the Allen
Parcel, which strip is situated in Tract 59, Township a South,
Range 86 West oP the 6th P.M., Pitkin County, Colorado, and is more
particularly described as follows:
Conraencing at Angle Point No. 3 bf Tract 48 of
said Township and Range, being a brass cap
found in place, thence N 07.42'36" W 1125.2T
s~
f "~'
,.
$$." ..
4. >'
i
r ...
4~`
#355772 04/12/93 12~3b Rec $90.00 HK 7'OB PG °b5p
Silvia Davis, Pitkin Cnty Clerk, Doc $. 00
feet to the northwest corner of the Allen
Parcel, the true pol.nt of beginning; thence
along the northerly boundary of said Allen
Parcel S 87°2740^ E 149.86 Eeet; thence
continuiNq along said northerly boundary s
14 15 40 E 0.60 feet to the common boundary
of the Allen Parcel and the Storey Parcel;
thence along said common boundary S 00°03'25"
E 39.48 feet; thence leaving said common
boundary N 87.27°qI~O^ W 157.08 feet to the
westerly boundary oP said Allen Parcel; thence
along said westerl~+ boundary N 10°O1°45^ F.
40.34 .feet to the .true point of beginning,
said Parcel containing 6,142 square feet, more
or less.
r
a
s
Said right-of-way strip is depicted on the map attached hereto as
Exhibit C and made a part hereof by this reference, and is herein
referred to as the "flown Road".
Z• ~9~~a~$,ts an___Q ~a®s ~f Town Road . The Town Road is hereby
dedicated to the perpetual use and benefit of the eneral
and of the Storey. Parcel, the Allen Parcel, and anygother public
lands that can be served by the Town Road, and of any and aililots
.....into which either of said Parcels or other private lands may
hereafter be subdivided, for purposes of all forms of unobstructed
vehicular and non-vehicular ingress and egress and the
installation, maintenance and operation of underground utilities by
private landowners and/or by utility companies. The Town Road is
intended to serve any-and. all uses of the storey and Allen Parcels
and of other private lands that may from time to time be allowed by
the Town of Basalt, specifically including without limitation a
large market, a motel, and gthAr C~,~,°..
~ ~~"•+'c iaZ office and or
T-r'±~l~flfi~gal 4~es en the SEoray Parcel. Sand ~a ~
coY,vHtYiehce s~:^re, car wahh, and other commercial, officetand/or
residential uses on t;;e Allen Parcel. The above-listed uses are
illustrative only, and may be changed from time to time by the
respective Parcel owners. Each party hereto .agrees to give
unqualified and good faith support to the land use application
presen'.ly being made to the Town of Basalt by the other party for
the development of its Parcel for the uses enumerated above.
3• ~aorovemen and Maintenance of Town Road
agree to design and construct a roadwe.y and a sidewalkhecurbtand
gutter within the Town Road a~ such location and in accordance with
such standards, plans and specifications as may be required from
time to time by the Town of Basalt in connection with the
develop,,...~t and use of the Storey and Allen Parcels. Storey shall
be resg,;nsible for 50 percent of such costs, and Allen shall be
responsible for 50 percent of such costs.
Unless fhe partied decide to proceed jointly with these
e^^, road improvements, the party that first commences development on
its Parcel shall improve the Town Road as required and approved by
the Town of Basalt, and shall deliver copies of all invoices
-2-
x
#385772 04/12/93 12:36 Rec 390.vO HK 7L~9 PG 431
'~ Silvia Davies, Pitkin Cnty Clerk, Dac 3.00
relating thereto to the other party. Contemporaneously with the
issuance of the first stage building permit for the developttent of
the other Parcel, thg owner thereof shall reimburse the othear party
3 for such Parcel owner's share of the cost of such improvements
together with eight (8) percent interest thereon from the date of
certification of completion of the improvements by the Town of
Basalt. Zf such share is not paid in full within 10 days following
the issuance oP said building permit, the Parcel owner entitled to
payment may exercise all available legal rights and remedies to
collect such share, together with default interest at the rate of
18 'percent per annum from the original due date, and shall be
enti*_led to its reasonable costs and attorneys fees incurred in
collecting such share by litigation or otherwise.
Until such time as the Town of Basalt accepts
responsibility for maintaining the Town Road, the parties agree to
share equally all costs of maintaining and repairing fioa time to
time in a first class condition the improvements constructed within
the Town Road, including snowplowing costs. If one party pays a
maintenance or repair cost by itself, it shall mail a copy of the
paid invoice (or a statement of the work done and the actual cost
thereo:`) to the other party, and the other party shall reimburse
the first party no later than 10 days following the mailing of such
invoice or statement. If such share is not paid within said 10 day
period, the non-defaulting owner shall have the same default
interest and collection rights as are set forty. above for failure
to pay road improvement costs.
4. County anQ_5tnte Accsss Permits. The parties agree to
.make a diligent and good faith joint eeffort to obtain Access
Permits for the Town Road from both Ptkin County and the State
Department of Highways, with respect to both the Allen Parcel and
the Storey Parcel. ax;<j `~ ~raro gm~m,,., w , ,.,,~...
y..u.a a.y Zi t;uo~.a anu eitpaf7~s®s
inn"^9€'ro~t la ti3wt »reaaa~s. xt aucri Access Permits have not been
issued by 1larch 31, 1^'93, either party hereto shall have the right
to terminate this hgreement by giving written notice of termination
to the other party no later than April 10,`1993, in which case this
Agreement shall be null and void and of no further force or effect
whatsoever. IP no such written notice is given by April 10, 1393,
the parties shall be deemed to have forever waived their right to
terminate this Agreement under this Paragraph 4. Upon the issuance
of such Access Permits, and upon the written request of either
party, both parties agree. to execute and deliver a writing in
recordable Porm to the effect that the Access Permit requirement
set forth in this Paragraph 4 has been fully performed.
5. Grant o_! Connector Easement by etorev. Storey hereby
grants, transfers, sells and conveys unto Allen and his heirs,
successors and assigns in thelownership or leasehold of the Allen
Parcel or any part thereof, arfd to his and his tenants• invitees
customers, employees, Licensees, agents, contractors,
subcontractors, and other authorized users, a perpetual, non-
.. exclusive easement and right-of=way twenty five (25) feet in widah
over, along, across and beneath a strip of land along the westerly
boundary of the Storey Parcel which is more particularly described
-3-
~ ,
w'b
~,`s~
e"A
~J~~
r
i
..~,. G"
...R^ r ;S1':"T ~.'k~WgMy"'4Ta ws.,,..,.... a..n ,.~j, .,~-. ' h....~. •
,~ ~ Y • •,~q'~C~Xn pia t +'~-„ ~ -P.+~'~'Y it ~. ~ ~ ~- ~ ~~ ;,y. . " yA' f,Y,a ) ..! d+.~{n !~'.
k M (~'9t~w~. Q ~ lY 'N ,
, .~m~ ~ ~~ ~~yyS~,~~~~:'u+g~ F" u~~k4i~~~ y2r+'8~e '~'~~.,~
~', ~y*
lt355ir2 04/12/93 12:36 Rec 590.00 BY, 7QB PG
511 via Davis, Pitkin CnY.y Clerk. Doc 5.00
as follows: commencing at the northerly right-of-way line of the
above-described Town Road es extended 25 feet easterly into the
Stors~y Parcel, and thence continuing in a southerly direction
c7ntiguoua with. the westa~rly boundary of the Storey Parcel to a
point which is 20 feet north of the northerly right-of-way line of
Coloreds State Highway No. 82 (the '•Basalt Bypass"), the point of
tercainus. Allen shall have the right to enter and exit the Allen
Farcel" at three (~~ points along. said easement, which "entry
points shall be at the Town Road and directly east of the gas
!~usnpn and the car wash exit, respectively, as such impre~•ements may
be located froth time to tike on the Allen Parcel This easement is
herein referred to as the "Connector Easement".
Storey expressly reserves tY.e right to relocate all or a
portion of the Connector Easement from time to time in order to
accommodate the development of the Storey Parcel, provided that the
relocated easement continues to provide substantially the same
' direct access across tt:e common property line from the gas pumps
and the car was"i cn the Allen Parcel to the Town Road. For
example, if it becomes desirable to place a row of parking spaces
along the westerly boundary of the Storey Parcel, the Connector
Ea°dxa~.~t may be relocated ea~terly of the parking spaces, provided
the a:~.L'r points to the relocated easement are directly east of the
than rX~sting entry points Ion the .common boundary between the
Par`als. Such relocation ahmll be accomplished by the execution
' ackno:^et?ment and rscording'by Storey in the Pitkin County real
property records of a Notice of Relocation of Easement which
contains an adequate legal description of the new easement. Any
such relocation shall be acccmplished at Storeys sole cost and
expense.
6. ~Sane~xq a!BA ~T *!e QP' Cp~~setos EesemAnt. The Connector
raaemrnt eriali bP. Par. the common use rod benefi*_ of both the Allen
Pa rc^1 •s:~d t:ze SL-grey F+;rcel, and of any lots into which either of
sate Parcels may hereafter be subdivided, for purposes of all forms
of unobstructed vehicular and non-vehicular ingress and egress and
the installation, maintenance and operation of underground
utilities by the parties hereto and/or by utility como;nies. The
Connector Easement is intended to serve the same broad range of
private uses as the Town Road.
7. ~nQro~Amen~enst~taip~~a~ar~ce o! Connector Easement. The
parties agree to construct a paved surface throughout the length
and width of the connector Easement to Town of Basalt standards,
and to share equally in the costs of such paving. The grading and
paving plan must first be ,pproved b} Storey to insure that it is
consistent with his development plan for the area, which consent
shall not unreasonably withheld. Here again, the first. party that
wishes to do so shall construct and pay for the necessary paving
improvements, and shall mail a Dopy of the i--voice therefor to the
other party. Upon the issuanoe of the first stage building permit
for 'the developtt~nt of the other party's Parcel, such other party
shall reimburse the first party Por one-half of the amount of the
invoice. IP such share is not paid in full within l0 days
following the issuance of said building permit, the non-defaulting
-4-
:~
~M .cs ~...:` r ip. n e~.
w
•,. , ..
._, ~.~
• ?k3~4777_ G a/ 22/?73 i ~ r 36 Rer_ ~?0. UO BK TQ~ pt? ,~~
Silvia Davis, F?'itkin [:nky r]rrk Doc 3.00
Parcel o*•!nnr shz?.l hz+va~ t`ie s~,irze default: i.nterc~s~ a+,4 ..,..___:_.n
rights as are stet forth in F.it~•agraFh 3 above for failure to pay
read improvcmcnt• casts.
The parties also agree to Fhare equally all costs of
maintaining and repairing the paving within the Connector Easement,
including snowplowing. Zf one party pays a maintenance or repair
coat by itself, it sh311 *tail a copy of the paid invoice (or a
statement of the work done and the actual cost thereof) to the
*+ther party, who shall reirzburse the first par~y for one-half of
such cost within 10 days following the mailing of the invoice br
statement. If such share is not paid within said 10 day period,
the non-defaulting owner shall have the same default interest and
collection rights as are sat forth in Paragraph 3 abc+ve:
II. ra~r.~t of 4TC;t9 En~Finaat _~Etor~. Storey hereby grants,
transfers, sells and conveys unto the cwner or owners from time to
titan of the private lands lying L-o the north of and adjacent to the
Allen Parcel and to *_he northwest. of and adjacent to the Storey
Parcel, a perpetual, non-exclusive easement and right-of-~•ay forty
(40) feet Yn width aver, along, acxcss and beneath a strip of land
moss particularly described as fallowse Comanencinq it the
northerly right-of-way line of the "above=described Town Road as
,,'^', e?;tend.ed a0 feet east^_r_ty into the Storey Parcel, and thence
continuing in a northerly Qirection contiguous with the westerly
boundary of the Storey Parcel to the north boundary of the Storey
Parcel, the point of terminus. This easement is herein referred to
as the "North Easement".
The North Easement shall be f.or the use and benefit of
the private lands lying to the north of and adjacent to the Allen
Parcel and to the northwest ~f and adjacent to the Storey Parcel,
and of any .lots into which said Lands may thereafter be subdivided,
Por purposes of all forms of unobstructed vehicular. and non-
vnhi~tala.r i~.^ress anal r:•rese and the installation, maintenance and
operation of underground utilities by said private landowners
and/or by utility ccmpanies.
Storey and Allen and their respective successors and
assigns shall have no obligation or responsibility whatsoever for
the improvement, maintenance ar repair (including snowplowing) of
the North Easement, which obligations and responsibilities shall be
borne solely by the owners of the private lands served by the North
Easement.
Any landowner who uses the North Easement fcr the benefit
of his osari property shall be avtomatical].y deemed to have agree3 to
inde*±nify, defend {including reasonable attorney's fees and costs)
and Bold harmless Storey and A21en and their respective successors
and assigns from any mechanic's liens and from any claims cr
liabilities foz _property damage or injury or death to persons
arising in any way in connection with thg use or enjoyment of the
North Easement by said landowrier or by any persons acting by the
3.nv.itation, permission or .authority of said landowner.
-5-
'... '!~T
..M°.. F.
u
w s'; ~ „y ,~~ •'r i
x ''
t ` a`
~~ ~~ ~. ~~ ,fie, .:,:
r ~1
1 d a a. ~'-t ~ -w.:-~1
v
Xb1'N YT:: I^u."'W:f ~y"n"4 ~E 'X erg' :'; a.-~~TYRaA~@r nMr".1~i17 -~W~~
X345772 04/12/93 12:36 Rec s40.00 HK '}"Q~
Silyia Davis, Pitkin Cnty Cle,k, Doc $,pp
}'0 4~j
9. ~~1~. Storey hereby expressly represents to and
cowenants with Allen that he has full power and authority to enter
into and perform this Agreement, that he has good and ma-ketable
title to the Storey Parcel, and that the Connector Easement is
being granted and conveyed herein free and clear of any monetary
liens or encumbrancF~ and free and clear of any other restrictions
which might i.;upair the use and enjoyment thereof'for the purposes
herein described. Similarly, Allen her@by expressly represents to
and covenants with Storey that he has full power and authority to
entr~r into and perform this Agreement, that he has good and
marketable title to the Allen Parcel, and that the Town Road is
being conveyed herein free and clear of any monetary liens or
encumbrances except the Deeds of Trust recorded in Book 474 at page
760 (Cerise) and in Book 636 at page 405 (Guy).. and free-and clear
of cry other restrictions which might impair the use and enjoyment
thereof for the purposes herein described. With respect to the
Cerise lien, Allen represents to and covenants with Storey that
there are no exiting defaults under the Deed of Trust or the
Promissory Nota secured thereby, and that he will continue to make
~*~,, all payments due thereunder in a full and timely manr.~r. With
respect to the Guy lien, the consent of the beneficiaries thereof
is being obtained by Allen and attached to this Agreement.
10. int~za~ ~ndemnm 1fi~ations. Storey and Allen each hereby
agree ~a indemnify, defend and hold harmless the other from and
against any mechanic's liens that may attach to the other party's
Parcel as p consequence of any work performed or or materials
supplied to the Parcel of the other by the indemnifying party in
improving, maintaining or repairing the Town Road or the Connector
~~~e~~nN: Such indemnity shall include without limitation the
payment of al'!.. reasonably attarn~y~s fees and costs that may be
incurred by the indemnified Party in co~anection with the filing of
any such mechanics liens .,n his Property.
Furthermore, Storey avid Allen each hereby agree to
indemnify, def;.:9 red hold harmle~s the other from a~1d against any
and all expanses, costs, iudgmentsl awards, damages, liabilities or
claims therefor (including reasonable costs and attorneys fees)
for loss oz damage to property, or injury or death to persons, or
any other form of claim or loss whatsoever, arising or occasioned
wholly or in part from or in connection with (i) the use or
enjoy*_nent by the indemnifying party (or by any persons acting by
the invitat_,on, permission. or authority of the indemnifying party)
of the Town Road or the Connector Easement or in the exercise of
any ea{ement righ.`s granted *nrein, or (ii) any acts or omissions
or negligence of the indemnifying party or his tenants, invitees,
customers, employee licensees, agents, contractors,
subcontractors, and other authorized users which occur .upon or
relate to the Town Road or the Connector EasemenE. In case one
pz,rty hereto shall without fault on its part be made a party to any
litigation commenced by or against the other party relating to the
ease.^.ents and/or easement rights created herein, then the other
f' ~
Y;c>:..'
.y.
j..'.
f {
4
r~,
,:. s
-6-
~,.. ~~ ~ r
- <. Y.,~.dy,
~ i T
~ ~ ia
A4 ~ ' a 9.a 3~~~" s -~ S ~~ ",~,
~~ x fib.:
Y 4 .. ~
~ .
w
i~ ~ ~
~
~~
~ ~ '~
., a.w.„
v.
,~.v.
~ m
war
r,•` [
~5 ~4 C
~1 4rr r °
±v~x ,
a.~
~.+
#3557x2 04/12/93 12:36 Rec 590.00 SK TO® PQ ~~ ' rt~~,
Silvia Davis4 Pitkin Cnty Clerk. Doc 5.00 `;~?~"4 ,j;
fp:
party ?agrees to indemnify and hcld harmless the party so joined ~t ,,;
from and shall promptly pay or reimburse such party for all costs, I
exp+±nses and reasonable attorney's fees incurred or paid by the `
party sa joinod. in connection with such litigation. These
indemnification previsions shall not be construed to create any
right of action or basis of claim for or an behalf of any third
pn_rson against either party hereto.
11. Installation of Common IItility L a~. If it is mutually
determined that one or more utility lines man be installed in such
a way that the location and cyst thereof will be to the common i
benefit of both the Allen Parce~and the Storey Parcel, the parties I
agree to share equally in the st of such installation.
a < en Reimbursement of Storev for ~
12. _°tant.:~1._~+~.1_ - --- .~t311ty
~n~~. It is Storey's belief that he has already installed water' r
and gas lines to the benefit of the Allen Parcel. ,Allen agrees ~'
that iP his awn engineers conclude that Storey's water enc./or gas
line installations can be utilized by Allen a.t a test savings to ~,,,
him over any feasible alternatives, then Allen will promptly
reimburse Storey for ore-half (1/2) of Storey's installation costs,
as evidenced by invoices. ",!^g$0
13. AL7re4me21C CCAL].nQen6 Upon 'A OR°T}_alpAroyal yi AliP.R. LinRS1 ~sn
Apal~,ration. Allen has submitted a land use application td the
Town of Basalt for the development of the Allen Parcel with a
convenience store, gee pumps, a car wash, and other commercial
uses. Allen agrees to pursue such application in gocd faith and
with all due diligence, and to ccmply with all reasonable
rprxuirements and cgnditions that the Town may impose in connection
th~r%~w1Gh. T71icAgreemcnt is expressly contingent upon theTown's
Roard of "Trustees vowing to grant final approval to such
application no later than February 18, 1993, althuugh such
contingency may be waived by Allen as set forth below. If Allen
has not received his final approval by that date and wishes to
terminate this. Agreement as a consequence, he shall give written
notice of termination to Storey no later than February 28, 1993, in
which case this Agreement shall be null and void .and of no further
force or effect whatsoever. If no such notice of termination is
given by February 28, 1993, this Agreement shah continue in full
farce and effect and Allen shall be d_emed to have forever waived
any right to terminate the Agreement as a result. of failure to
obtain land use approvals. Within ten (10) days following the vote
by the Towns Board of Trustees to grant final approval *_o Allen's
application, Allen agrees to execute and deliver. to storey a
writing in recordable form to the effect that the Town approval
condition sot forth in this Paragraph 13 has been fully satisfied.
Allen acknoWl~+dges that the title to a strip of land that
~ liar between the southeasterly portion of the Allen Parcel and the !
Storey Parcel is presently in dispute and the subject of
litigation. Allen agrees that until .such timA as he obtains clear
_~_
h.e
F..". ~
a y . ; ~ ik ~_ ~ ~ ~~~~
511via2payi~2193 12s36 Pe
. Pitkin Cat c 890.00 Bk ,~
Y Clerkr Doc g,~gOPG .};~
and insurable title to such strip, he will not include the strip in
any cf the land use glans or applications that he submits to the 1
Town of Basalt.
14. Excha~s og ouitclaim Deeds. Upon the satisfaction of
{i) the Access Permit requirement set forth in Paragraph 4 above
and (iij the Allen approval contingency set forth in Paragraph 13
above, Allen and Storey (or iSG as his successor in interest) shall
exchange y-uitclaim deeds covering the Parcels described on attached
Exhibit:; A and B, in order to firmly establish the common boundary
between the Parcels. In ether words, Allen shall a_uitciaim the
Storey Parcel to Storey {or ISG), and Storey (or ISG) shall
quitclaim the 111en Parcel to Allen. The Storey {or ISG) quitclaim
d~e3 to Allen shall include the strip of land Iying west of the
Storey westerly boundary which is the subject of a pending adverse
possession action, but shall not under any circumstances cover any
land lying east o~ the Storey westerly boundary as described on
attached Exhibit A. It is specifically understood that the Allen
quitclaim will forever extinguish any access rights that Allen may
have aver ary portion of the Storey Parcel, except a, provided
herein. Both quitclaim deeds, of course, will be expressly subject
in all respects to the within Agreement.
Promptly following the recording of such quitclaim deeds,
Storey agrees to make a good faith eff
t R'.
~
or
to cause the dismissal of
Civil Action No. which '
access litigation is presently
pending in Pitkin County District Court
a
d
l
,
,
n
A
len agrees to
dismiss any counterclaims or cross-claims he may have mad
~
e therein
against the Storey Parcel. Until such time as that actio
i ~'
n
s in
fact dismissed, Storey agre=s to indemnify and held ISG harmless
from a
c ~`
ny
osts or expensos in connection therewith. ~~`
S
1S. ~~,{,~rntion b~I8¢. ISG hereby ratifies and confirms
thin Agreement as if it w
?*
ere the record owner of the Storey Parcel,
and agrees to be bound by all of the t `;
erms and provisions hereof
from and after such time as it becomes the
record owner of the
Storey Parcel. At the closing of the sale of the Store
Pa
I
l
~
y
rce
to
SG, &torey agrees to assign to ISG and ISG agrees to assume and to
be responsible for
ll
' _
a
of Storey
s rights and obligations cinder
this .Agreement. It is expressly understood b
oc
~'
y
orey and Allen,
however, that until ISG becomes the record ow ~
ner of the Storey
Parcel, ISG shall have no obligations or liabilities
i
un.
er this
Agreement.
16. Eat^+^~x~ts~*~,vn xith tbn Land. The Connector Easement
shall constitute
l
a perpetua
burden on the title to the Storey
Parcel, and shall run with the title t
t
o
he Allen Parcel and all
parts thereof. The North Easement shall also
constitute a
perpetual burden on the title to the Storey Parcel, and shall run
with the titl
t
e
o the lands it is intended to benefit as described
above.
i -$-
, ~}
,.*. ad :•+w ::ue=s:..i ,a+, :»a.r:.i Y. ..b «.~_.. .,WG.aE.e.YskL~t+.?di^+~..
r ~ ~. ~.
i
' ' ~
~-^v -,,.. ,,.. ~y~... 'r*L. n• ^S4'ax; *°'~~erh~~w ,y - < +r.._ AX..wnw h.>,
"wd~.`~. Y y+ '`~Y,~4~ P +.At-+A1~ .t ~ y . ~ i my u.«1fwJ' r ~ .. X s
AT
:gip: C s~~ 4~ `3r,».~Q ~ ~~+~Z ~'p,,' F * r~
.:.~,- "~ a s~,~, h4 ~ ~ i~ 2 e '",~ y°'.'^yyh,~~r~,e~.r"~3~a `~{ r a c ". ."'"» ~=.
..,._,, rv;..g .,.A~'ti~"~14 *.3&:.ym~w ~.. ~ .kl~^'~::r ~~~i~.ls+~A'B.~.Y.. ~~...., wCM'em~;7~'".~ti
B3~S77? 04/12:93 12:36 Rec S9Q70 BY, 7<!La PO ;g~
• 811via bavi~, Pitkin Cnty Clerk, Doc 1:0O
".. 17. ~O~HtS. All notices or other mailings required or
permitted tc be given hereunder shall be in wziting and shall be
either personally delivered or sent by facsimile transmission, by
j Fedezal E;cpress, or by certified mail, return receipt requested,
1 addrPSSed as follows:
STOREY: Alan A. Storey
i
Basalt, Colorado 81621
Fax ?to.
~ With a Copy To: Dan Kerst, Esq.
Scher;::, Kerst & DeF]inter
f 302 Eighth Street, quite 310
li C,lenwood Springs, Colorado 81607.
Fax No. (303) 945-2977
AhLEN: Douglas P. Allen
5;0 East Main Street, Suite 100
{ Aspen, Colorado 81611
Fax No.
,.y~
With a Copy To: .7chr. David Seigle, Esq.
925 Chatfield Road
Aspen, Colorado 81611
~~°'^~ I Fax No. 303-925-7935.
ISG: ,, The International Specialty Group,
Inc.
i 620 Hyman Avenue
1 fi~pen, Colorado b1611
Fax No. (303) 925-
With a Copy To: Arthur C. Daily, Esq. "
Holland & Hart
600 East Main Street
Aspen „ Colorado 81611
Fax No. (303) 925-9367
~.I Tech notice shall be deemed given en the date personally delivered
or faxed, or on the date fallowing the date of delivery to federal
~~cpress, or two (2) days after mailing by certified mail, return
1 rpceigt requested.
!I 1&. ,httorDey!~~ges. In thQ event the interpretation or
enforce:aent of this Agreement or any'provisior~ hereof becomes the
subject of litigation between the parties hereto, the prevailing
,~,, gamy shall be entitled to an award of its. reasonable attorneys
;- A fees and costs .incurred in connection with such litigation.
19. Beaerabiii~y. if any provision of this Agreement shall
be invalid, illegal or unenforceable, it shall not affect or impair
_9_
-~
~..,
-_~..
~ t..
.v 2
a33S772 04/12/93 12s36 Rec 390.00 pt; PQ 4'SQ
Silvia Davis, Pitkin Cnty Clerk, Doc 3.00
the validity, legality or en~?orceability of this Agreement itself
or of any other provision h reof, and there shall be substituted
for the aflected prorisi.on, ~
aim{lar as oseible to the ~, valid and enforceable provision as
p ffacted provision. Far purposes of
avo:dinq the rule against perpetui±iras, the parties agree that no
transfer or conveyance of any `interest in real g~-cperty shall take
place or be required hereunder after the date which is 20 years
from the date of chis Agreement.
20. $lndinQ Effac_t. ?.ta. This Agreement shall be binding
upon and inure to the benefit of the parties hereto and their
respective heirs, personal representatives, successors and as4igns,
and shall be constru.ea in accordance with and governed by the laws
of the State of Colorado. This Agreement contains the entire
zgreement between the parties pertaining to the subject matter
hereof and supersedes all prior agreemen*.s and negotiations
relating thereto, and is intended tc be recorded. in the Pitkin
County real property records. Finally, this Agreement may not be
amended or modified except by an instrument in writing signed by
all of the parties.
21. rth®i 3~ssurancea. Each party hereto shall from time to
time execute and deliver such additional instruments or do such
additional acts as the other party may reasonably request in order
to effectuate the full intent of .this Agreement.
22. 54urtarvrrts and~gacsi~l_e 8lvnatures. This Agreement
may be executed in counterparts, in which case all such
Cnynterparts tociether eh~ll constitute one and the same instrument
wIBie:h is bindinz7 on all oP the parties thereto, notwithstanding
t:;at all of the parties are nct signatory to the original or the
same counterpart. Facsimile signatures shall be treated as
original signatures hereon, and on any notices that may be given
hereunder.
IN WITNESS REFREOF, the parties have hereunto set their hands
and seals as oP the say and year first above written.
1 STOREY:
,33I
i
~ ALLEN:
„r-3
'r -10- i
..,
i
i--- "_
,.
"~ ~.
~.~Y' ~!-0r..~. [yt/~.. .J::~l^iRu. .~Ld~bTU`i~d.w.'M`JA .!'V:~'tiCP+C~S~ ''?1VF~b~sS°~14Ir~4FYl~+..
Yt y9`»
'4$'.L}Mreryrt 1
:.
. , .:.. ~ ,
a'T~`3772 041i2lrr3 fl2t36 Rsc E40.00 BK 7°t;9 FO ~~`~
Sil~:i.a ttavia. F"itkin Cnty Cir.~rk' Dnc n, 00
ZSG: The International Specialty Group,
Inc.
Grc*~ory~~".~Sshcs~''`r~~^e~s ,i a~-sr•~-'...,.,....:.~-
~~-..
PT.1TE OP COI~/ARADO )
COYJNTY OP {~~Q~ ) ss
'The regQing nstrument*~as acknowledged before me this r , .
day of _~; ~., 1997. by Alan A. Storey.
Witness my hand and official seal.
A4y commission r_xpirss: ~ ~ ~ _
.,.,
~ ~vwz.~ ,-x,.,~>-.>-.v.
Nn*rar+ -- - ... _
l ,Pu Tic
~~--.... 5 Vi4 ft x
STA'T'E OF CnLOP,ADO ) '• fl ~qaR ,•`"
COIIN'.I'Y OP PIT°ZII )
The foxing .instrument was acknowledged before me•~3R`?g ~i~
day oP ~~~~~, 1992 by Douglas P. Allen ~'' •s.
:. ~~~rl;,, . ~,
witness my hand and nffic#q3 ~c?ai; ~ ~F: -cL.~_,~~ ,
_ _ ¢-
w.r cr~*•ni^,~ios~ ztxpire=: ..~A°4:../--~V~-'~ ~j:~~bLa~,f~,+ui
,' ~` '~
wNy
Notar PuUlic
-11-
;.,.
~~ ..;.
< x;.
._
Q ~
~` ;.'m~i. `.~'~b~"'T':i`t+'~~~trIrx m'• ~~:d "~,~. x.'., i p.,~ y
mom- «g, `t+~tl" "", •0'" "e,a- .aw rr v~'o
~'~~ ~ ~- ° ,.fir -„„,
i
"M M ~
A"~°',
1
,.t
i
°.~
+ A~..r ~ r> ~.~
..a 4
lt* 'n
i• h'}` "
h ~S
y
I
4
d
~ ~ ~
~ j , ~,
~ I T ^
wyy'~'
i
~y
k354772 04ii2~93 12:36 Rpc
Silvia pavie~ Pitktn
590.00 BK
CntY Clork, Doc y PC 4~
STT;TE OF COZORI!.DO )
)ss
COLiN'r1" OP PZTRZN ) ~~ ,e,~^~,~~. ,.
The f __ Ding instrument was acknowledged pefore me tH~~~~~..",a,•'••:
day of ' ~~, 1992 by Gregory C. Mosher as Presad~nn~~,,-.~,of'~~!:•
The Yntesnat o al Specialty Group, Inc., a Colorado cozp8'ra'~13fii~~
~.. o-o--
~r?itnsss my hand and official seal. ' ,{
r _
.+ ~f~•., C i ..
?sy commission expires: f -2.(-~~_, /`,.• ., •~ •'
~_ ~~A
~~~-~
Notary Public
~'.)itBfiT_TT OP .'4XD SII730,P.,,p~,PtP.TZON BY LYE?IfiOLAPIj
For and in con~ideratioa of the added value that the foregoing
Agreement will bring to the'~Allen Parcel, and for other. good and
valuable considerations, them-receipt and sufficiAncy of which are
hereby acknowledged, the undersigned SUSA?EN SIEB^RT GDY and
THEOEORE E. GIIY, being the beneficiaries under that certain Deed of
Trust recorded December 21, 1990 in Book 636 at page 405 of the
Pitkin County, Colorado real property records, hereby expressly
consent to the foregoing Access Agreement, and hereby agree that
the-lien of said Deed of Trust shall be and hereby is forever
subordinated to the foregoing Access Agreement in all respects.
.Executed this ~ C.~vasER_
~~ day of Sapt~e?nbar, 1992.
STATE OF COLORADO )
)ss
COUNTY OF FITRIN )
Th fore Ding instrument was acknowledged before me this ~~~
day of ~_, 1992 by Susann Siebert Guy and Theodore K.
Guy.
my hand and official seal.
•~L p•~y~~6in'mission expires:
t ,,
. ~"Oe CQb~Q,*~.
'•.,,,,.nr..~nuanj .
1~31~.)
-12-
.~",
~ ~
'z
' i
~t
r;
s .. ..
_._. ~...:...~.: 1a-sa+u ..m".aa..»....::.:_...-.a... _»vJYSe,~'+v-.~Bi.44~6
~.
~A .. i. -
s wy ~
~.+'+-'_ ~'~"qe.t 3'~ '~ ~~.+R '~xA wr ...,t'gC~"'tm.-»~~ ~ ,~'"j$~•~ ~,N4 ff'itia'~1'~{'i'3. k'.,~r"'r''ifw ~"i ,°^n~r•`n~+^«,,r~,
~ .,-~tY ~ 1 ~„p eY<.~~~ ~ '"~ hfpy, :;~c~1MU {p~r~~~ ~ ~ ~~y ~ ~^d
., roa.~ y.:~ .~~ .~ $Cn '~.y..« wn ^.'r.rtp~'f~IL'tr.. ~Miii14"
1
`°~ ~ta~iir.~ns°~~!±h. ~ ExitrarT A
~~ L~ nd Ti:ie Insvrar-z ~omP?ny
A rarcel of land situated in Tract No. 48 of Sections 7, 17 and 18,
Te;,nsirip $ South, Rsrge R6 West of the 6th Principal Meridian, being
r„ors p•azticularly described as follows:
Beginning at a point whence Angle Point No. 3 of said Tract 48 bears S
00'03'25" E, a distance of 1197.47 £eet;
thence S 4E'16'07" E, a distance of 329.50 feet;
thence S 41'35'00" E, a distance of :98.00 feet;
thence S 54'10'00" E, a distance of 345.00 feet)
thence 5 49'50'00° E, a distance e£ 507.00 feet;
+_hence S 45°40'44` W, a distance of 170.00 feet to a point at the
Northerly right-of-way of extension of Colorado State Xighway 82, also
known as the Basalt Bypass;
thence along said A~hway the following six (5) courses:
N 44°19'11'' W a distance of 207.60 fP~t;
thence N 47°02'46° W, a distance of 340.08 feet, 3escribed on Colorado
State Highway drawing as N 47'08'30" W, a distance of 340.1 feet;
thence N 50'25'16" w, a distance of 78.40 feet, described on Colorado
State Highway drawing as N 50'31'00" W, a distance of 78,4 feet;
thence N 63'12'41" W, a distance of 282.21 feet, described on Co l.rado
State Highway drawing as N 63°18'30" W, a dis¢.:ance of 282.2 feet;
thence N 55'50'38" w, a distance of 58.77 feet, described on Colorado
State Highway drawing as N 55°56'00" W, a distance of 58.8 feet;
thence N 61'07'09" W, a distance of 259.69 feet, described on Colorado
State Highway drawing as 61'12'30" W, a distance of 270.7 feet, to the
Westerly line of said Tract 48;
thence along the Westerly line o£ said xract 48 N 00'03'25" W, a
distance of 367.49 feet, to the point o£ beginnir3.
COUNTY OF PZTfiYN, STATE OF COLORADO.
+R35S7T2 04/12/43 12:3b Rec 590.00 BK 709 PG 4b1
Silvia Davis• Pitkin Cnty Clerk, Doc 5.00
M~
,.
..
,. -. .
i
A'"''~
. >'I
~*"",~
" EXHIBIT B
SCHEDULE A
PROPERTY DESCRZPTION
ORDER NO: 00017968
PARCEL 1 1F3SS7.2 04/12/93 12:36 Rec s90.00 BK $+~A.PG 4b2
Silvia Davis, Pitkin Cnty Clerk, Ooc s.00
A parcel of land situate in Tract 59, Tcwnship 8 South, Range 86
bleat of the 6th Principal Meridian, being more particularly
described as follows:
BEGINNING at a point on the easterly boundary line of said Tract
59 also being the east line of a parcel of land more
particularly described in Reception No. 105958 of the records of
the Clerk and Recorder's office of Pitkin County, Colorado
whence AP-1 of said Tract 59.bears N. 00 degrees 10 minutes 10
seconds W. 99.14 feet;
thence S. 00 degrees 10 minutes 10 seconds E. 167.86 feet
along said easterly boundary line of a parcel of land
described in Reception Number 105958;
thence S. 86 degrees. 30 minutes 06 seconds W. 160.65 feet
along the southerly boundary line of saiu parcel of land
" described in Reception Number 105958 to a point of an
existing fence line;
thence along said existing fence line on a course bearing
N. 09 degreeq 59 minutes 26 seconds W. 25.46 feet to a
point on the westerly boundary line of said parcel of land
described in Reception Number 105958;
thence along said westerly boundary line of a parcel of
land described in Reception Number 105958 on a course
bearing N. 00 decrees 1Q miniatPg 10 r?e+cnCa~, w ~ul.n3 ;~~t
Ra w point in tha center of a road as-built and in place;
thence along ssidroad center line the following courses;
S 59 degrees 45 minute~56 seconds E. 53.80 feet;
thence S 86 degrees 48 inutes 34 seconds E. 77.21 feet;
thence S 68 degrees 10 minu±es 30 seconds E. 44.32 feet;
thence S 14 degrees 22 minutes 25 seconds E. 0.60 feet to
the point of BEGINNZNG.
Ezcr~pting therefrom the parcel of Iand described in Deed recorded
on January 22, 1980 in Book 382 at Page 584 and described as
follows:
A parcel of land situated in Tract No. 59, Township 8 South,
Range 86 West of the 6th Principal Meridian, PitkinCounty,
Colorado and being part of that parcel of land more particularly
described in Reception Number 105958 of the records of the
Clerk and Recorder's office of Pitkin County, Colorado more
particularly described as follows:
BEGINNING at AP-1 of said TractNo. 59 (an alum. cap LS
Continued on next page
STE~~'AF2T TITLE
OVAIIAN}T COMPANY
i
r.
`~,
R
4
!y
,
3
.~ K
~~
t*}h.... t fiw t Bad rt ~.:~_ "3R`a. ,! ~ .y `3',~ A < sstlt++v ~!'./ n Cr; °'a tiyf r ry „,~.
x+ c v c y ~~~ ~ ~ ~- `
a,a ..,s ar ~y4 .g, z ' L,,~ ~., y1 n '`Y 4a S.r~^ N ~` ~s-M +.s ~ 5~~..y~.
tr '3 ~ s 2 +y
1 t .y~;y~~ ~'`r"'~ £. ~ 1~R°~'M. ,YY ~ S1,rt N yu w,{, ~ ° * „97
_, .~m,~'3. ! ^. ~~ ''A^ a ~ X6.3" tz{A e l .Y `4...n "d ~ r H•n g r ,~ M„
_ , 4.n..a . s,. ....-.: w. .. .~tietz x~:d~rw.~tA"Sk::~r ~{s~'a:~~-_S _ ..a -~r,.w z~
EXHIBIT H
SCHEDOLF. A
PROPERTY DESCRIPTION CONTIA7UED
ORDER NO. 00017968
#3557r2 04/12/93 12e36Rec 590.00 EK ~'~ PG 463
PF3PF.RTY DESCRIPTION CONTIh 5 U via Davi=_., Pitkin Cnty Clark, Doc 4.00
3317 in place)
thence along the east~rly line of said Tract No. 59 and the
easterly line of that parcel described in Reception Number
105958 S. 00 degrees lb minutes 10 seconds E. 99.14 feet;
thence N. 14 degrees 22 minutes 25 seconds E. b.60 £eet;
thence N. 87 degrees 34 minutes 25 seconds W. 154.74 feet
to a point on the westerly boundary of that parcel
described in Reception Number 105958;
thence along the westerly boundary of that .parcel described
in Reception Number 105958 Tv. 00 degrees 10 minutes 10
seconds W. 81.51 feet more or less to the northerly line of
said Tract 59;
thence along t_he northerly line of said Tract 59 N. 8fi
degrees 30 minutes 06 seconds E. 165.00 feet to the point
of BEGINNING.
PARCEL 2
A parcel of land situated in Tract No. 59, Township B South,
Range 86 Weat of the 6th Principal Meridian, Pitkin Count••,
Colorado being more fully described as follows:
Beginning at a point on an existing fence line, also being a
point cnthe westerly hgundOry line Of a parnel of :and more
ps,xrt3c~l;~rly described in Reception No. 105958 of the records of
~i~e Clerk and Recorder's Office of Pitkin County,.Colorado
whence AP-1 of said Tract No. 59 !an Alum. cap LS 3317 in place)
bears N 60 degrees 53 minutes 12 seconds E. 188.2? feet;
thence along said westerly boundary line of a parcel of land
described in Reception Number 105958 on a course bearing S 00
degrees 10 minutes 10 >leconds E 160.14 feet to a point on said
existing fence line; thence along said exist.in~ fence line the
following courses: N 09 degrees 59 minutes 26 seconds w 39.03
feet; thence N 13 degrees 11 minutes 47 seconds W 123.27 feet;
thence N 87 degrees. 11 minutes 37 seconds E 34.48 feet to the
point of beginning.
PARCEL 3
A parcel of land situate in Tract 59, Township 8 South, Range II6
West of the 6th Principal Meridian, Pitkin County, Colorado,
being more particularly described as follows:
Beginning at a point on an existir.y fence line, also being a
point on the southerly boundary line of a parcel of land more
particulary described in Reception No. 105958 of the records of
Continued on next page
ypn°'~
R"s"'~
G.r
~ ,
* ^''++~5?P ,5G`'.:~.aF+~n ~ r+ '~^~.~~,»„sy ~ ".~ '~~;~....'......'.' .:.:piF ~'A ~.~.y~ . ~. ~r'+3~. ~ !^tf ~ -•k~ ~•~i. a~. ~ : -`..ar a ,r'~c
~.~ t~ ~ ~.. ~ .M+' ~ y aW ~:' it µF.~/,~;f, °`L.y (w' k.~ uyrA vn'4 +::'J .l~''F'n i'y a
*~' q_'Y ".~~ .,y ~ ~ +y ~ , ga y.gK ~'°~•,~~. gLro,~. P ,T r X .,: ~§y'~-04 {a a n '..
~~°~ al~r. w k*„r'~S'f~.'".~~°.._'~hr..$F ~~~O.k-'..,..aaF.aFF i.~,r -iR'R.~'e..~iN`'_~..4..:}.'ada ktxau,Etm^k«1A~Ji~.a~."."rsdhtLa. ;~
,. ~
' EXH]1TT B
~, -
SCHEDULE A i
PROPERTY DESCRIPTION CONTINUED ~
ORDER D?O. 00027958 y3:'gg772 04/12/93 12:36 Rec 490.00 BK
Pfi ~M i
Silvia Davis, Fitkin Cnty Clerks Doc 4.00
the Clerk and Recorder's Office of Pitkin County, Colorado
whence AP-1 of said Tract 59 bears N O1 degrees 54 minuY.es 52
seconds E 267.74 feet; thence along said existing fence line
the following courses: SOl degrees 03 minutes 19 seconds W
i 105.92 feet; thencn_ N 75 degrees 57 minutes l4 seconds W 39.78
~ feet; thence N 76 degrees 27 minutes 06 seconds W 45.48 feet;
~ thence N 74 degrees 51 minutes 44 seconds W 59.70 feet; :.hence
N 06 decrees 51 minutes 37 seconds w 36.40 feet; thence N C9
i degrees 59 minutes 2b seconds w 25.].6 feet to ~a`poinf on said
southerly boundary line of a parcel of land more particularly
described in Reception Number 105958; thence along said
southerly boundary line of a parcel of land described in
Reception Number 105958 on a course bearing N 86 degrees 30
i, minutes 06 seconds E 150.90 feet to the point of beginning.
} SAVE AND EXCEPT:
~ P, tract or parcel of land No. 2Q4 Rev. 2 cf the State of Colorado,
Department of Bighways, Division of Highways, Project No. F.C
082-1T6) Sec. 2 containing 0.069 acres, more or less, in Govern-
ment Tract 59 of Section 7, Township 8 South, Range 86 West of
i the Sixth Principal Meridian, in Pitkin County, Colorado, said
tract or parcel being more particularly described as follows:.
Beginning at the N Corner of that parcel described in Book .415,
Page 631 of the Pitkin County Records from which Cer. No. 1 of
' Government Tract 59, T. 8 S., R. 86 W., 6th P.M., a marked
monument. hY I;;c; ~?;?; ??e3r4 N, 64 degrees"56 minutes 3U seconds
P„ .i tii6tanctoP 210.4 Peet;
~ 1. Thence S. 13 degrees 12 minutes E., along said westerly
{{~ property tine, a distance of 123.2 feAt;
i 2. Thence N. 9_degrees 55 minutes E., a distance of 122.9
~ feet to the northerly property line of that parcel
j described in Baok 47.5, Pave 631 0! the Pitkin County
i records;
~; 3. Thence N. 87 degrees 23 minutes w., along said
northerly line, a distance of 14.9 feet;
4. Thence S. P,7 degrees OS minutes W., continuing along
said northerly line, ~ distance of 34.5 .feet, more or
leas, to the point oflbeginning.
Basis of bearing: N. 78 de:greeS 57 minutes 30 seconds E. between
the S 114 Cor. of Sec. 7, T. BSS., R. 86 W., 6th P.M., (a brass
cap monument) and Cor. Nn. l of Government Tract 59 of Sec. 7,
"S T. BS., R. 86 W., 6th P.M..(a marked monument by L.S.`3317).
. Continued on next pane
5'I` F'61'A L2'I` T I Z' L 1
OVARAN~l COMPANY
J. ',y `.
,'q,: t K::,, hiV.~ .
.'tl .'
Ya' .. ~~} 0.r
.. .5...
it3337T2 04/12/93 12:36 Rec 890.00 HK PL; 4,b,F°
Silvia Davis, Pitkin Cnty ~~lerk, Doci.00
'Ir01f~'d^! ROAD ~ ~$S?~^~ A41. N PA CEL
6tlhlr~ .
.lt..11T:~L~' w
t5T„i8''~ ~' '
40~ TOl'.N ROAD
6,138 SQUARE FT.
S 14'15'40` E
0.60'
HYDE PARK NORTH
A.P. N0. 3, TRACT 48 ~ 1
(BRASS CAP) '
TOSRI ROAD D?iSCRIPTI0D1
~ L
.vK.
e
N'»
.r. .
,,..
i.
I i`i
~ .
I A STRIP OF LAND ADJOINING THE NORTHERLY EJUNDARY OF 7HE ALLEN
{ PARCEL AND BEING 4D FEET WIDE FOR THE PURPOSE OF INGRESS AND
i EGRESS. SITUATED IN TRACT 59, TOWNSHIP 8 SCUTH. RANGE 86 WEST OF
THE S-XTN PRINCIPAL 4AERIDIAN, COUNTY OF PITkIN, STATE OF COLORApO.
SAID STRIP BEING MORE PARTICULARLY CESCR18E0 AS fOLLG~S:
CC~£NC 1 NG AT ANGLE POINT , lo. 3 OF TRACT 48 OF SAID TCN~TISH I P AND
RANGE, BEING A BRASS CAP FOUNO rra PLACE, THENCE N G7'42'3s` W
1125,21 FEET TD THE NC4THWEST CORNER OF THE ALLEN PPRCEI, THE TRUE
i POI N7 OF BEGINNING; THEf~C? ALONG THE NORTHERLY BOUNDARY OF SAID
j ALLEN PARCELS 87'27'40' E 149.86 FEET; THENCE CONTINUING ALONG
SAIO NORTHERLY 80UNDARY 5 14'15 40 E 0.60 FEET TJ THE EASTERLY
80UNDARY OF SAID ALLEN PARCEL: THENCE ALONG SAID EASTERLY BOUNDARY
S 00'03'25" E 39.48 FEET: Tt~ENCE LEAVINR SAID EASTERLY 90UN04RY
~~,: , ,.
~~yy yy 0
' maw °° ~''" PJ~,,.. T' w~y~... ~ ~~,z ~~ c ~~; .`,,.,.yam ri ~ N
~. x7W,,k,,,v~.±..~.k ~ .>~~~,y a ~. ° ~ y2y~~i •hd.,A r 1~k~ e 'i1~f .~~ ^ ~ s~~' ~"~ rd''~2'`~rt~,~t,:
,~: s_ : s~ _ i2~,"an J4r1 sCIa.E"ET • THENCE LEAV 1 NG SAID EASTERLY 9001°:~=~1'
CD ALLEN
N 87'27 40 W 187.09 FEET TD `THE +NASTERLY 80UNDARY OF SA
~ ~ ,„ ~RCEL; THEh~E ~.t,!?NG SA{D WES ERLY 80UNDARY N 10 dt'45 E 40.34
FEET TO ThE TRUE -P01NT OF ~EG~NN{Nr,.; SAID PARCES. CONTAIN{NG 5,142
sJUP+{iE FEET. k~}ORE Q32 LESS. i
ilk
pA~• SEPTEU6ER 21. 1992 __
,, ~ ,uao+~.ceow
i v
~., °!~~.. IdIQt{ COUNTP.V EMGItiE£RINQ, INC.
32SCOOPSeRAVE~!UE
OLENVdODp t~F~Fi'f{Gr., CO 61601
tao~ a4sos76 • tsaz) t2o•a4so • rax ~~ ~awzsss
:.
.~ ~ .~ ~..
k3~5T72 04/12/93 12x36 Rec x90.00 SK ?00 F6 4lab
Silvia Davis, Pitkin Cnty Clerk, Doc 3,00
•.
WHEREAS, on September 27, 1995, the Board of County Commissioners passed
Ordinance No. 95-18, approving the Settlement Agreement in litigation entitled Tucker v.
Allen, et al., Civil Action No. 91 CV 351. The Board specifically authorized staff to
finalize the transactions contemplated in the Settlement Agreement, including
commencement and completion of proceedings to vacate the right of way conveyed by
the instrument recorded in Book 116, Page 260 (refemng to Emma Road) of the records
of the Pitkin County Clerk and Recorder and conveyance of the right of way to private
parties
~ ~~
~~~ ~~
~ ~ `'~ ~~
a' ~~
,.
c cal:-~ r~ ~>r r,r r.~lr i
hhe utxiecsigtted Aftiant..ie~nne Hayes. aftar first bcinc daly s~ti~orn ttpun her
otttlt. <it?es stag anti affirm. as frtlknc's:
1. I ha~~e on this 8th day e~f.lanuan~ 19t>G p<~sted a tioticc bI`F'ubiic I ttittrin~*
sign in a axrspicuous i7tar; adjacent to the propene, }?mma I~i~ttd hear the i3etsttlt Store,
w=hich is the subject ~rf tin application (itr tacation by l~'itl.in Crnutt~~.
2. `Che date for ~pubiic hearin~~ fvr this a~plicatiou is set for Jam:ary 3=k. 1976,
s rite potin~ and this afridal it is made pursuant to tic:ctian -1 r>tl. 70 {('t „i
the I'itkin C"ount~ Land list; t`cde.
Further Ciu A("Punt sa~~eth not.
-
lcamn rlt~~~ -~-
~ ~
~
Suhscrilxti and ,earn l~eforc me tht, ~
day u( ~~ '
{ -.
~r__~ 199Fi
.
LL iU~css nn oCticial h~td and seal..
f
, ~ f~ xr .::: -.
M1nyS ~ Y
1;fa;.
~%~~~ COII7t171SS10Cl OYpllCS. 1 a`" "
~ ~
e
~ ~
~
~~~ .. ~
'~'~ '~~~' ~~
t
t
~
E
i
~
~ ~~ ~ ~`.' 3x~ c,3 a
j
~M1 ~
444
~g A ~
'
4`9 ~
~
~c
" X
V~ ~ ~ \y
~~j~ ~~1, V ~
m
V
S 1 ~
~i +~,_ •
Y,e
5 ~ b .g4a.~r u^+dN
i ( i r~
..
PUBLIC NOTICE
RE: EMMA ROAD VACATION
NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, January 24,
1996 at a regulaz meeting to begin at 5:00 pmbefore the Board of County Commissioners, District'
Courtroom, 506 E. Main St., Aspen to consider an application submitted by the Pitkin County
Boazd of County Commissioners requesting to vacate a portion of Emma Road, as required by the
Settlement Agreement in litigation entitled Jan L. Tucker and Allan A. Storev v Dou¢las P Allen
et al. The property is located in the immediate vicinity of the Basalt Store, between Highway 82 and
the Roaring Fork River; in Section 18, Township 8 South, Range 86 West of the 6th P.M. For
further information contact Rick Magill at the Aspen/Pitkin Community Development Department
920-5062.
slMichael C. Ireland. Chair
Boazd ofCounty Commissioners
Published in the Aspen Times on December 23, 1995
Pitkin County Account 00113
a ~.~ ...
@' j Af~
PROPERTY OWNERS ADJACENT
TO PORTION OF EMMA ROAD
TO BE VACATED
Brad-Allen, Inc.
-o Doug Allen, Esq.
22~ North Mill Street
Aspen.. Colorado 8.1611
Alan A. Storey
P.O. Box 1010.
Basalt. Colorado 81621.
St. Dudes Company
P.O. Box 885
Basalt, Colorado 81621
~larearet D. Cerise
P.O Box 885
Basalt. Colorado 81621
River Park LLC
coo Jon Seigle
925 Cfiatfield
Aspen. Colorado.
Snowflake of Basalt, LLC
'_21 East Hyman Avenue
Aspen: Colorado 81611
Town of Basalt
P.O. Box R
Basalt. Colorado 81621
,_.
a
CERTIFICATE OF MAILING
RE: EMMA ROAD VACATION ..... _
I hereby certify that on this 19th day of December, 1995, a true and correct copy of the
attached Notice of Public Hearing was deposited in the United States mail, first-class postage
prepaid, to the adjacent property owners as indicated on the attached list of adjacent property
owners which was supplied to the Aspen/Pitkin Planning Office by the applicant in regard to the
case named on the Public Notice.
By: Suzanne Wolff
Administrative Assistant
frm.mailing
.~
ti_
NOTICE OF PUBLIC HEARING' _ ,
PLEASE `TAKE NOTICE: That "the "Board of County Commissioners of
Pitkin'County, Colorado, will consider the following ordinance at
the Board's regular meeting of February 14, 1996 at 5:.00 PM, 'Pitkin
County. Courthouse, District Courtroom, 506 E. Main St., Aspen, at
which time and place all members of the public may appear and be
heard:
ORDINANCE OF THE BOARD""OF COIIPTY COMMI`88ZONER'8`(5F""PITRIN ' •`
COIINTY COLORADO,: GRANTING"AP~ROVAi` OF"THE"~Vl~C~iTZ`ON °`OF` A "`
PORTION OF EI4lPi ROAD _..
RECITALS
1. The Board of County "Commissoners,`hereinafter '"Applicant",
has applied to the Board of County Commissioners of P'Jcin County,
Colorado, hereinafter "Board", for approval of the vacation of a
portion of Emma Road (see Exhibit"A), pursuant to a court-ordered
Settlement Agreement.
2. The portion of road to be vacated is located in the immediate
vicinity of the Basalt Store, between Highway 82 and the Roaring
Fork River.
3. The Board passed Ordinance No. 95-18 on September 27, 1995,
approving the Settlement 'Agreement in litigation entitled Tucker
v. Allen. et al., Civil Action No. 91 CV 351:' The Board
specifically "authorized staff to finalize the transactions
contemplated in the Settlement Agreement, including"commencement
and completion of proceedings to vacate the right of way conveyed
by the instrument recorded in Book 116, Page 260 (referring to Emma
Road) of the records 'of the Pitkin County Clerk and`Recorder'and
conveyance of the right of way to private parties.
4. The Planning and Zoning Commission reviewed this. application
on December 5, 1995 and found that"this proposal complies with the
criteria set forth in the Pitkin County Land Use Code.
5. The Board heard this application at a duly noticed public
hearing on January 24, 1996, at which time evidence and testimony
was presented with respect to this application.
6. The Board determined that the proposed road vacation meets the
criteria established in the Land Use Code.
NOW, THEREFORE; BE IT RES'OL9ED by the Board of County
Commissioners of Pitkin County, Colorado that it does hereby grant
approval of the Emma Road "Vacation application, subject to the
following condition:
1. The Applicant shall adhere to all material representations
made in the application and in the .public meetings.
Copies of the. proposed Ordinance are °available for public
inspection during regular business hours in the Office of the Clerk
and Recorder, 530 E. Main St., Aspen, Colorado, 81611. Phone (970)
920-5180.
Jeanette Jones, Deputy County Clerk
Published in the Aspen Times on February 3, 1996
Pitkin County Account #00113
~~
PUBLIC NOTICE
PLEASE TAKE NOTICE: That the Board of County Commissioners of Pitkin County,
Colorado, at its regulaz meeting on February 14, 1996, and after adult'-noticed public hearing,
adopted the following Ordinance:
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS `OF~PTI'KIN COT7NTY,
COLORODO, GRANTING APPROVAL TO VACATE A PORTION OF EMNIA ROAD
Copies of the full text of the Ordinance are available for public inspection during regulaz office
hours in the office of the Clerk and Recorder, 530 E. Main St, Aspect, Colorado 81611. Phone:-
(970) 920-5180.
Jeanette Jones, Deputy County Clerk
Published in The Aspen Times on February 24, 1996
Pitkin County Account 00113
Public Notice
answer or other response within 30 days alter PUBLIC NOTICE uses to be determined by the Board of County'
NOTICE TO CREDITORS
Estate of Frederlea Fairbanks Peirce a k.a.. the seMCe of this summons upon you. Service
of this summons shall be complete on the day RR, KWIECIENSKI CONCEPTUAL SUBMISSION
ONEN that a public hearing
NOTICE IS HEREBV Commissioners.
3. Attached as Exhibit "1", and Incorporaleed ,
Frederlea F. Peirce, Deceased
95 PR 333
ne No
C of the last publlcatlon. A copy of the complaint ~ ,
w11i be held on Wednesday. January 24, 1996 at herein by reference, is that Contract.
The Contract calls for the conveyance of
4
.
a
h b may tre obtained Irom the clerk of the court. a regular meeting to begin at 5:00 pm belore the .
to i t none
r 2324, 1995 • The Aspen Times 23C
BY THE
ASPEN,
All persons having Balms agalnal t e a ova - II ou !all to (lie our answer'or other
namedestate are rtqulred to present them to the ~ Y Y Board of County Commissioners, District
rt response to the complain[ In wrlHng within 30 Courtroom, 50G E Mafn $f:, Aspen to cpnslder
DG
i
t a roxlmatel ten acres o ro r .. .--....
of Highway 82 near the loo Ol lndmendence That the structure and property at:
Hopkins Avenue; Lots L, M, and N,
A06 E
00
f 516
000
Cou
tr
c
personal representative or to the
of %tkln, County, Colorado oq or before March I, - days after the date of the last publlcatlon, an application submitted by Mark Kwledenskl
'judgmehtbY default may De rendered against requesting Conceptual Submission approval to
rr
d ,
.
.
Pass for the sum o
S. The Properly is an InAolding within Federal
Is
82 W
l
H
h .
Block 87, City and Townslie of
en be granted "H; Historic Landmark
As
e
.
1996, or the Balms maybe forever ba
Everett L Peirce you by the court for the rebel demanded In the consirud a single-tamlly residence. The l ewp
ane,
ig
way
ends, Is within the
located wuhin a Iraglle alpine zone, and Is p
Deslgnatloo.
53 Cherry Lane, Basal!, Colorado 81621 compiafn[witfiout Iurther notice. property Is located adjacent to Highway 82;
7g) gp73ggp . ThR b an edlpn to qulM Otie of the Plalntl(IS IR across th¢ Roaring Fork River from the former
s reasonably priced, thereby qualllying for Open
Space and Trails purchase under established Section 2
That the Zoning District Map be amended m
a tract
Published in The Aspen Times on December ~-. and td the real property situate In Pltkin County. Pitkln iron property, and Is described a
and January 6, 1996. Cdloradp; more particularly described as: The of land situated in Lol ]0, Section 8, Township 9
23 and 30
1995 acquisition <riterla.
and Incorporated
Attached as Exhibit "2"
6 reBmt the rezoning described I^ Section 1 and
the Community Development Director shall be
,
.
F1sE ime4od( of Lot 0, and all of lets C, D, and E, South, Range 65 West of the 6N P.M. For
COLORADO ~ ' Blork 56, City and Townsl[e of Aspen, also known. further Inlormatlon contact Francis Kriimankh
FITKIN COUNTY
COUNTY COURT ,
.
herein by reference. Is an Exduslve Right-7o-
er Agency) which
ntracC (Bu
B
C authorized and directed [o amend said map to
reflect said rezoning.
/"59.
,
,
Case No. 95C299 as 123 Weal Frauds. Aspen, Colorado. at the Aspen/Pltkin Community Development
ORDER FOP PUBLICATION AND Dated: November i6, 1995. p¢partmen[9205J03; y
o
uy
acknowledges that Robert D. Small (Broker)
represents Firkin County In the negotlatlons for ~
a
Seclion3
That the Community Development Dlrec0.
CHANCE OF NAME
RAPHAELLE MARIE VENTURI ~. AUSTIN, PEIRCE &SMITH, P.C.
' ByrThomas Fenton Smith p6463 s/Michael C. Ireland, Chair
Board of County Commissioners this acquisition with the property owners, and
that Pltkin County will pay Mr. Small an elgh[- shall be dlrmted to nobly [he City Clerk of such
designatlon, who shall record among the real
IN THE MATTER OF THE.PETITION FOR THE
- Catalina Cruz, 423957
Suite 205 2
kins
600 East Ho Pnbllshed In The Aspen Times on December
3
1995 percent CB%) commission upon doaing. estate records of the Pltkin County Clerk and
hi
f
'
CHANCE OF NAME OF:
RAPHAELLE MARIE VENTURI,Petitioner.' p
,
,
.
Aspen, Colorado 8161! NOW THEREFORE BE.IT ORDAINED by the
Board pl County Commissioners bf Pilkin t
s
s Office a certlNed copy o
Recorder
Ordinance.
ORDER FOR PUBLICATION
The Court having read and considered the
d
h
' Telephone: 3039252600
Facsimile: 3039254720
s for Plainilif
Attorne PUBLC NOTICE
PLEASE TAKE NOTICE: That the Board of County, Colorado, that
SecUOn 1 The Board of County Section 4
Tha[ II any secHOn, subsection, sentence,
i
[
e
Pelitlon for Change of Name an
petitioner's affidavit, and the Court being y
Published In The Aspen Ttmes November 25; County Commissioners of Pltkin County:
di
c
l
in
O
t Commissioners of Pltkin County hereby grants
Orphan[ Boy
approval for the purchase of the s
clause, phrase, or portion of this Ordinance
for any reason held Invalid or unconstltutlonal
sulildently advBed, D ecember 2, 9, )6 and 23, 1995. nan
e
ow
g
r
he fol
Colorado, will consider
th
h
r
f .
Mlning Claim for open space purposes. by any court of competent )urisdic[lon, such
FINDS: That the allegations made In said ter as
e
e
ea
at 3:30 p.m. (or as soon t
' The Board authorizes Its Chairman
2
S
ti portion shall be deemed a separate, dialled,
petition and affidavltsatisly all statutory
requirements; PUBLIC NOTICE
PLEASE TAKE NOTICE ThaC the Board of s
conduct of business will allow) at the Board
regular meetlng of January 10, 1996, at the .
ec
on
to execute the Real Estate Contract and
dated addenda attached hereto as Exhibfl and Independent provlslon and such holding
shall not slice[ the validity of the remaining
AND THE COURT FURTHER ENDS: That the County Commissloners of Pilkin County;
desired change of name Is proper and not Colorado, at Its regular meetlng on becember Pltkin County Courthouse Plaza, 530 East Maln
Street First Floor, Aspen; Colorado 81611. All asso
"1", and any and all documents necessary to-
i portions thereof. ,
ti
n 5
S
detrimental to the Interests of any other person. 20, 1995, and after aduly-nollced public
adopted the following Ordinance
hearing
RDERED Interested parties are Invited to attend andDe
herd; or
complete the transaction, subject to pr
approval of the. form by the County Attorney's ec
o
A public hearing on the Ordinance was held
i
:
IT IS THEREFORE O
1. Thal pursuant to statute, petitioner shall ,
AN ORDINANCE OF THE BOARD OF COUNTY
T
" AN ORDINANCE OF THE BOARD OF COUNTY Ollice, upon the terms and condBions set forth
Furlner
the Board
h
d Contract
[h
tt
I n
on the 8th day of January. 1996, at 5:00 p.m.
the City Coundl Chambers, Aspen City Hall,
Y;
COUN
give public notice of such change of name by COMMISSIONERS OF FITKIN
publlcatlon of Public Notice three (3) times in COLORADO. ACCEPTING THE CONVEYANCE
' COMMISSIONERS OF FITKIN COUNTY,
COLORADO, AUTHORIZING EXECUTION OF ,
.
e a
ac
e
n
authorizes its Charman to execute the
t
B Aspen, Colorado, Iilleen (IS) days prior to
hicA hearing notice of the same was
The ASpen Times, alegel newspaper, published
This publlcatlon is to be made
id
ount
i T'Y
BY WALTER PFANENSTIEU TO FITKIN COUN
OF A PORTION OF COAL CREEK ROADAS A TI{E UNION, LITTLE CHIEF, LUBRICATOR,
g00NE AND NAWKEVE MINING CLAIMS uyer
(
Czcluslve Right-To-euy Contrac
Agency) attached hereto as Exhibit "2". w
published once In a newspaper of general
n
Cit
f An
hi
h
y.
n sa
c
wlthln 20 days of the date of this Order. Proper
Cl
k
A
h COUNTY ROAD AND PUBLIC ACCESS IN
PETUITY ~ yACANT LAND/FARM AND-RANCH CONTRACT
BUY ANDSELL REAL ESTATE ORDINANCE
T Copies of the lull text of the Ordinance are
available forpuDlic Inspection Irom 8:30 a.m. to .
y o
pe
n t
e
dreulation wit
Published in The Aspen TlmesDec. 23. 1995.
er
t
e
proof of publlcatlon shall be Tiled wlt
olthe Courtupon Bnal publlcatlon. PER
Copies bf the full tex[ol the Ordinance are' O
4., SERIES OF 1996 `" 4:38 p.m: in the Office of the Clerk and
Suite lOl
530 East Maln Street
r
R
d
2. That upon proof of pub11ca0on being Iliad
with the Clerk of the Court, the name of available for public Inspection from 8:30 a m. to
4:30 D.m. In the olllce of the Clerk and . 1. The Voters of Pltkin County and the Pitkln
County Commissioners Dave established an ,
,
,
ecor
e
Aspen, Colorado 81611. phone 3039285180
unty Clerk
t
C
J
n
s
D
-
ORDINANCE NO. 48 (Series 011995)
AN ORDINANCE OF THE CITY COUNCIL OF~^+
RAPHAELLE M. VENTURI will be changed to Recorder, 530 East Maln Sireel, First Floor;
1 Open Space and Trails land for the purposes of
d epu
y
o
o
e
,
Jeanette
Published In The Aapm Times on December A
THE CITY OF ASPEN, COLORADO
RAPHAELLE M. TELHOMMF-.
DATED: 11-21-995 80.
Aspen, Colorado 81611. PAone: 3039285
Jeanette Jones Deputy, County Clerk preserving and developing open space an
trails resources In [he County: ~.+nd have 23,1995. AUTHORIZING AND APPROVING AI
AMENDMENT TO AN AGREEMENT FOR THE ,
Fltrhugh Scott,111, County Judge ' Published in The Aspen Times on December established en Open Space and Trails Board of PUBLC NOTICE EXTRATERRITORIAL EXTENSION AND
Glenna Melnick Clerk 23, 1995. Trustee togvide the expenditure of thole whose
Ltd.
ht & Preusch Mlning
Wri DEUNERY OF MUMCIPAL WATER SERVICES TO
Published in The Aspen Times December 23 funds. ,
,
g
106 THE MAROON CREEK RANCH SUBDIVISION
and 30, 1995, and January 6, 1996.
- PUBLIC NOTICE
RE CHRISTMAS 1041 HAZARD REVIEW & 2. The Oped Space and Tralis Board of
on Dehail of the County
has
Trustees ,
address Is 201 North MITI Street, SWIe
Aspen, CO 81611, and whose phone number is AND ASSOCIATED AREAS.
PUBLIC NOTICE GENERAL SUBMISSION
bli ,
.
Commissioners, entered Into a Contract with
ol 970-925-5625, has tiled an appllcatlon fora
Umi[ed Impact (110) Reclamation Permit with WHEREAS, Section 11.3 of the Home Rule
Charter for the City of Aspen provides Nat the
REQUEST FOR PROPOSALS
ENGINEERING AND RELATED SERVICES ~ c
NOTICE IS HEREBY GIVEN that a pu
hearing will De held on Wednesday; January 24, real
Clen D. Vagneur for the conveyance
estate that Is approprlale for open space use
b the Colorado Mined Lapd Redamatlon Board
under the provisions of the Colorado Mined extension of the munldpal water lines beyond
the City's boundaries to provde extralerrltorial
FOR FOR BASALT BRI (PIT: 002-00.1)
Pltkin CountYwlli accept proposals from 1996 at a reguar meeting to begin at 5:00 pm
oard of County Commissloners,
before the B e
and various other multiple uses to
determined by the Board of County Land Redamatlon Act. The proposed mine b water service shall only be approved by Clty
Interested firms to provide engineering and
related aervlces for the above referenced District Courtroom, 506 E. Main SL, Aspen to
consider an application submitted by DameY Commissioners.
y ptlaehed a ExMblt "1", and Incorporated known a the Smuggler Mine. and is I«ated at
or near Section 7, Township 10 Sauth. Range 84
al Merldlan
inci
6th P
W Coundl by ordinan<r, and
WHEREAS, Sedlon 2356(b) of the Munidpai
s that any extraterrltorlai
vid
C
d
projet. More detailed Inlormatlon Is provided
In the Request for Proposals- Inlormatipn to Christmas requesting 11141 Haaercl Review end
General Submlaslpn approval to tonatrud a herein by reference, is that Contract
The Contract calls for the conveyantt-oF
q .
p
r
est,
The proposed date of commencement Is e
o
e pro
provlslon of munldpai water services beyond
Proposers. Copies of the detailed proposal -
scope of work, may be oblalned from B.W. slnRlo-lamlly resldente. The property is located
adjacent tp the Redstone Ranch Acres .
approximately 42.26 acres of property whleh Ile
on a bench above the townsite of Lenado for January 1, 1996, and the proposed date of
completion b January 1, 2046. The proposed the Citya boundaries shall only be undertaken
pursuant to a wtltten agreement between the
Eyiar, 76 SeMCe Curter Raad, Aspen, Cobrad^
81611 (970) 9245206, beginning WEDNESDAY, ' Subdivision; and Is described as a parcel of
land situated in the SW 1/4 0l Section 29, and the sum of 565.000.00.
ThePropertyls an Inholding within Federal
S future uses' of the land are
Industrial/Commerdal, Wlldiife, and City and the person or entity desiring
munidpal water seMtt: and
DECEMBER I8, 1995. Proposals shall be
returned no later then MONDAY, FEBRUARY 26, the N I/2 NW 1/4 of Seetlon 32; Township 10
Range 86 West bi the 6th P.M. For
South .
lands, it provltle recreatlonai access to !fie
Margy Nut for backcountry skiers, contains Resldentlal. Additional Inlormatlon and
tentative dedslodEate may be obtained from WHEREAS, the Clty Councn approved by
Ordinance No. 40, Serlea of 1993, a water
1996 at 5 p.m. MST, addresed to the attention
lagT6 Service Center Road, Aspen,
E
of B
W ,
further Information conlad Rick Magill atih¢
munity Development
ltki
C riparian forest habitat, contains two springs
ital to the wildlife In a dry area such
hi
h the DIvl9lon of Minerals and Geology, 1313
Sherman St., Room 215, Denver, CO 80203, .service agreement for the provlslon of
municipal water service to Pearce Equltles
y
.
.
CO 6161 L
By: B.W. Eyiar Aspen/P
om
n
Department9205062.
s/Michael C.Ireland, Chair are v
w
c
as Kobey Park, and the parcel Is reasonably
priced, thereby qualllying for Open Space and (303) 8663567, « at the Pitkln Count Clerk and
Recorder's office, 530 E. Main SBeet. Aspen, Group B LlmitM Llablllty Compsny, Arthur O.
and Elizabeth H Pllater, the SEP and CDP
Published In The Aspen Times December 16 Board of County Commissioner stalls purchase under e[abllshed acqusition Colorado, or the above-named applicant.
nts must be In writing and must be
m
C Residence Trusts, ant! the Anpen Skiing
that subdlvlsion
and 23, 199$. Published In The Anpen Times on December crlterla. om
e
ls
nd
f Mi Company to serve
1995
23 NOW TNF.REFORE BF. IT ORDAINED by the nera
a
received Dy the Divblon o development project and ansodaled areas
- _ FROJ£CP RSHEE300-0S4. _
' -
SUBACCCOUNT N 10826 - .
,
""-" " `"-` "'
~~ -Board"'al2omrtyCo'.xnhsimrtn o: PH;z1r. Geo!cgy Av 4 nn p,m nn Tl!tv1aY, Jaqupry 2,_
1996. _eltoatew o;w!}A.!. pea-crJrtPat heuadnay_ __ _,_.
commonly referred to as the Mnroon Creek
NOTICE OF FlNAL SETTLEMENT PUBUC NOTICE
RE: ASPEN HIGHLANbS SKI AREA AF-SKI County, CDlorado, that
Section L The Board of County Published In The Aspen Tlme on December Ranch; and
In accordance with the notice provisoes
" REZONMC AND MASTER PLAN Commissioner of Pltkin County hereby grants 23, 1995.
WHEREAS. punuent to said euthorizanon the
contained In 38-26107 C.R.S. 1973 as Amehd¢d:
the DEPARTMENT OF TRANSPORTATION, -
NOTICE IS HEREBY LIVEN that a public
hearing wlll'be held on Wednesday, January 24 approval for the purchase of the Union, IJtlie
Chief, Lubricator, Boone end Nawkeye Mlning
ORDINANCE N0.56 (SERIFS OF 1995)
PEN CITY City bxecut¢d that eertaln Water Service
meet dated Juty 26,1983; and
STATE OF COLORADO has eslablbheJ
JANUARY 1, 1996, as the date of Ilnel settlemenC 1996 et a regular meeting to begin at 5:00 pm
fore the Board of County Commissloners,
b Cialms for open space purpose.
The Board authorzea Ica Chatrman
Seetlon 2 AN ORDINANCE OF THE AS
COUNCIL GRANTING TO THE CfFY OF ASPEN WHEREAS the partle deslr< to amend that
eertaln Water SeMCe Agreement and there has
with Gonzalez Construdlon Co., Inc:.
Contractor for the construction pf Colorado e
Dbtrlct Courtroom. 506 E Maln SL, Aspen to
nslder ah'applicetlon submitted by the .
to execute the Real Eatale ConGad and
asaodated addenda attached hereto a' Exhibl[ FINAL SPA PLAN APPROVAL FOR THE
PURPOSE OF RELOCATION OF THE
IO been presented to Cby Council a First
Amendment to Water SeMee Agreement Dated
Project No. SHE 8300-014, consisting of
guardmli. Located at varlom Iocationa on S.H: eo
Aspen Skling Company requesting approval to
ki area to the AFSKI zone district
the ry", and any and all documents necessary to
complete the transadlon, subject to prior SNOWMELTER AT THE CITY-OWNED R
GRADE PARK IN THE CITY OF ASPEN; FITKIN July 26, 1993; and
th¢ City Council (Inds the
WHEREAS
133 beginning at approximately MP. 45.8and
extending north 32.3 KM to approx: MP. 65.0, s
rezone
and to adopt a master plan for [Ae sM area in
nce with Section 3-22 of the Pltkin
d approval of the form by the County Attomeyb
and upon [he terms and <ondllfons set
Oftlce COUNTY. COLORADO.
Copies of Nls ordinance are available In the
h ,
ro used amendment to the agreement to be
P D
consistent with the terms and requirement of
and at various I«atlons'on S.H. 141 beginning
at approx. MP. 115.0 and continuing north 19.2 accor
a
County i;and Use Code. The property Is located
roon Creek Road; SW I/4 0! Seetlon 14
M .
forth In the attachetl Contract
Coplea of the Iuil lent of the Ordinance are office of the City Clerk, City Hall, 130 Sout
Galena, Aspen; during normal business hours.
v
d
hi the Munldpaf Code and muni<Ipal water
management polldo as adopted by the City.
KM to approx. MP. 127.0, situated In Mesa, and
Pltkin county, State of Colorado. on
a
and NE U4 NW I/4 of Sectlnn 23 Township 10
Ran a 85 West of the 6th P.M. For
th
S available for public Inspection from 8:30 a.m: to
In the Oftlce of the Clerk and
8;30 m
P t
s
e
FlNALLY, adopted, passed and appro
18th day of December 1995. NOW, THEREFORE, BE IT ORDAINED BY TFffi
CITY COUNCIL OF THE CITY OF ASPEN,
Cialms containing a verlHed statement of the
amounts due end unpaid must be in the form of ,
ou
B
further Information contact Francis Krizmanich
at the Aspen/Pltkin Community DevelopmenF .
~
Recorder, 530 Easl Maln Street; Salle 101,
Colorado 8161 t. Phone 3039205180
Aspen John Bennett, Mayor
Attest: Kathryn S. Koch, City Clerk
1995
23
COLORADO:
1
a written afbdavit and must be received bVtbe t 9245103 ,
Deputy County Clerk
Jeanette Jones .
,
Published in The Aspen Times Dec. .
Seetlon
CONTROLLER, Department of Transportation Departmen
Ireland. Chair
s/Michael C ,
published in The Aspen Times D«. 23, 1995. Thal [he First Amendment [o the Water
93
at 4201 E Arkansas Avenue, Denver, Colorado,
on or before 5:00 p.m. of the final
80222 .
Board of County Commissioners - ORDINANCE NO. 57 (Series of 1995)
AN ORDINANCE RECOGNIZING GENERAL ,
5ervlce Agreement Dated July 26, 19
between the Clty of Aspen and the Pearce
,
settlement date above.
JAMES E. SIEBEIS, Published In The Aspen Times on December
23, 1995. PUBLIC NOTICE FUND REVENUE, OF 52,889 421:
APPROPRIATING 'GENERAL FUND EqulUes Group It Limited Liability Company,
and Elizabeth H. Pfister, the SEP and
Arthur O
Chief Engineer, Dlvlslon of highways.
Published In The Aspen Times December ifi PUBLIC NOTICE RE: HOLY CROSS SPECIAL REVIEW FOR
BASALT TO ASPEN TRANSMISSION LINE EXPENDITlRES OF 53,254.884; TRANSFERRING
000 FROM THE GENERAL FUND TO THE
145 .
.CDP Residence Trusts, and the Aspen Skung
a copy of which Is attached hereto
Company
and 23, 1995. RE: SKI AREA TRANSPORTATION ISSUES
E IS HEREBY GIVEN that apubilc hearing REBUILD NOTICE IS HEREBY GIVEN that a
blic hearing w1i1 be held on Wednesday. ,
TRANSPORTATION/PARKING FUND; ,
-and Iuily incorporated herein as Attachment 1,
s
NOTIC
t
6 pu
be
in
tin
t
l APPROPRIATING PARIS AND OPEN SPACE -+>~
be and Is hereby approved and the Ci
NOTICE OF FlNAL PAYMENT
After thirty (30) days Irom December I5, a
a
will be held on Tuesday, January 23, 199
special meeting to begin at 3:00 pm belore the g
g
o
ar mee
January 24, 1996 at a regu
at 5:00 pm belore the Board of County FUND EXPENDITURES OF S 150,000;
APPROPRIATING HOUSING/DAYCARE FUND Manager Is authorized to execute same/
->
behalf of the Clty
1995, City of Aspen Streets Depar[menl. Owner,
will pay to Earthworks Construction, Inc., guard of County Commissloners,
Commissloners Meeting Room, 530 E. Main St. Commisslopers, District Courtroom, 506 E.
Main SL, Aspen to consider an appllcatlon
l EXPENDITURES OF 5167,900; APPROPRIATING
CEMETERY LANE IMPROVEMENT DISTRICT .
Section 2.
That it any sedlon, subsection, sentence,
Contractor, the full balance due on [he DrokcC
"City of Aspen, Frauds Street Storm Sewer Aspen to review the Interrelated transportation
Issues assodaled with esisting ski areas and an,
submitted by HMy Cross Electric A.390elat
.Inc. requesting Special Review approval to FUND EXPENDITORES OF 5207,224;
APPROPRIATING ELECTRIC FUND E%PENSES clause. phrase hr portion of this ordinance is
for any reason held Invalid or unconsOtuttonal
Upgrade, Schedule No. 1", Spedlicatlon No.
976ASTOIA. All persons having claims for prgposed ski area development For further
Information Tlm Malloy a[ [he Aspen/Pilkin' rebuild an exlstlnR 115 KV lransmission Ilne
between the Basalt and Aspen substations
d I
a OF 548,000; APPROPRIATING TRANSPORTA-
TION/ PARKING FUND EXPENSES OF 545,000; In a court of competent jurisdiction, such
portion shall be deemed a separate, dtUnc[
Tabor, rentals, services. or malerlals lurnlshed
who shall not have been
thi
Contract
d Community bevelopmenl Department 9205095.
s/Mlchaei C. Ireland, Chair n
te
wlthln exlslinq easements. The Ilne is loc
22, 25, 26; 27 and 36.
17
21
Sections ifi APPROPRIATING WATER PLACE HOUSING and Independent provlslon and shall not affect
f
,
er
s
un
paid therefor, shall present the same to the Board of County Commissioners ,
,
,
Township 8 South, Range 86 West of the 6th
8 FUND E%PENSES OF S 189,981; AND
ESTAeLISHINC A "WATERPLACE HOUSING .
the validity of the remaining portions thereo
Sedlon 3
Owner In writing and verllled prior to date
sped0ed above, or the Owner shall hr free of Published In The Aspen Times on December
1995
23 , 34
p,M., and Sections 5, 6, 8. 9, i6, 21, 27, 2
township 9 South. Range 85 West of the
and 35
FUND':
th
l
bl
I .
That this ordinance shall not have any effect
rate as
ll
t
p
h
all ilabllitles for attempting to obtain payment .
, ,
6th P.M. For further InformatOn contact Ellen n
e
a
e
Copies of this ordinance are avai
City Hali 130 South
City Clerk
office of [he no
o
e
a
on existing Otigation and s
an abasement of any action or proceeding now
to such persons by the Contmdot
Published In The Aspen Times December I6 PUBLC NOTICE
HAAS 1041 HAZARD REVIEW
RE Sassano aC the Aspen/Pitkln Community
Development Department 9285098. ,
,
Galena. Aspen, during normal business hours. pending under'or by virtue of the ordinances
h
and 23. 1995. :
AMENDMENT NOTICE IS HEREBY GIVEN that a
r
d s/Michael C. Ireland, Chair
i
sl FlNALLY adopted, passed and approved the
IBIh day of December 1995. e same
amended as herein provided, and t
shall be construed and concluded under such
PUBLIC NOTICE
PAYMENT
NOTICE OF FlNAL ay,
s
public hearing will be heldon Thu
Janus 25: 1996 at a meeting to begin at 10:00
ry oners
s
Board of County Comm
publisheA in The Aspen Times on December John Bennett, Mayor
ATTEST; Kathryn Koch, City Clerk prior ordinances
A public hearing on the ordinance shall De
.
Alter thlrly (30) days from December 8, 1995, am before the FI[kln County Hearing Ofllceq
506 East Maln
issloners Meeting Room
C 23, Igg$,
- - Published in The Aspen Times Dec. 23, 1995. held on the 8th day of January. 1996, in the City
A
the City of Aspen, Owner, will pay to Elam
Construdlon, Contractor, the lull balance due ,
omm
Slreeq Aspen to consider anapplicatlon
JUdy Haas requesting approval to
b
itted b
PUBLIC NOTICE
ORDINANCE NO. 58 (Series 011995) spen.
- Council Chambers, Aspen City Hall,
Colorado.
d
h
on the 1995 Sireel Improvement Pro)ecl,
covered by General Conditions. All persons y
su
m
relocate the approved building envelope to
existing struchve on the property.
Include th PLEASE TAKE NOTICE: That tM1e Board of AN ORDINANCE OF THE ASPEN CITY
County Commissionero of Pitkln County. COUNCIL DESIGNATING 406E. HOPKINS as
e
Introduced, read and ordered publis
provided by law by the Cily Coundl of the City
95
having Balms for laboq rentals, services, or
rlals Nrnished under their Contract; who
l e
The property is described as the Erle Lode. Colorado, will tonslder the following Ordinance AVENUE, LOTS L, M; AND N. BLOCK 87, CITY
" HISTORIC
AS "H
AND TOWNSITE OF ASPEN .
of Aspen on the 18th day of Decembeq 19
John S. Bennett, Mayor
ma
e
shall not have been paid therefore, shall
g
resent the same to the Owner In wrlHn and U.S.M.S No. 3263. For Iurther Inlormatlon
uzanne Wolff at the Aspen/Pltkin
contact S ,
,
at 3:30 p.m. (or as soon Ihereal[er as the
conduct of Duslness will allow) at the Board's- LANDMARK PURSUANT TO SECTION 24-7703
OF THE MUNICIPAL CODE
h ATTEST; Kathryn S. Koch, City Clerk
Published Ih The Aspen Times Dec. 23. 1995.
D
verified prior to the dale spedlled above, or
blRll
(
l I Community Development Department, 9205093 .
e
regular meeting of January 10, 1996, at t
. with the ermisslon
Pilkin County Courthouse Plaza, 530 East Main WHEREAS, the lsls LLC, p
" "
es
or
Ia
the Owner shall be Tree of al
n s/Francis Krizmanich, Colorado SI611. A
Aspen
Flrsi Floor
Scree[ B of the owners of the property, Dnminic and #,
s
attempting to obtain payment to suchperso
by the Contractor. Claims mull be submitted to Pitkln Count Hearin 0/Ilcer
Published in The Aspen Times Dec.23 1995. ,
,
,
interested parties are Invited to attend and be Kathryn Llnza, have Illed an apPllcaUOn (or
Historic Landmark Designation of Ihelr PUBLIC NOTICE.
Jack Reid, Superintendent of Streets, City of
Aspen, 130 S. Galena SL, Aspen, C081611. - PUBLIC NOTICE
S ,heard:
- AN ORDINANCE OF THE BOARD OF COUNTY property, 406 E. Hopkins Avenue, Lots 1., M, and RE: BENSON CONCEPTUAL SUBMISSION
CIty and Townsite of Aspen, NOTICE IS HEREBY GIVEN that a public hearing
Block 87
N
COUNTY
Pnbllshed in The Aspen Times December 16 RE: EMMA ROAD VACATION NOTICE I
HEREBY GIVEN lhaCa Public-hearing wlli tie ,
,
,
COMMISSIONERS OF FITKIN
COLORADO, AUTHORIZING EXECUTION OF pursuant to Section 241-704 0l the Munldpal wig be held on Thursday, January 25?, 1996 at a
and 23.1995. held on Wednesday; January 24, 1996 at a THE ORPHANT BOY MINING CLAIM VACANT Code; and meeting [o begin at 10:00 am before the Pitkln
ti
P
COUNTY
I regular meeting to begin a[ 5:00 pm belore the reserva
on County Hearing Ofllcer, Commissioners
LAND/FARM AND RANCH CONTRACT TO BUV WHEREAS, the Historic
.
DISTRICT COURT, FITK
N
COLORADO
S Board of Lounty Com missloners, District
Aspen to consider
Main SL
506 E
Courtr
om AND SELL REAL ESTATE, AND AUTHORIZING Commission recommended Historic Meeting Room. 506 East Main Street Aspen to
EXECUTION OF THE EXCIUSNE RIGIfF-TO-Bl1Y Deslgnatlon 7-0 for the subject properly at a consider an appllcatOn submitted by Bradley
Case No. 95 CV 2163 SUMMON
(BY PUBLICATIOM ,
.
,.
p
an-application submitted by the Pltkin County CON FRACT ORDINANCE4-, SERIFS OF 1996 duly noticed public hearing on August 9, 1995 ; T. Benson requesting Conceptual Submission
l
id
HAROLD QHAM, VERONICA M. MARTIN,
EY
M Board of County Commissioners requesting to 7. The Voers o(Pitkin County and thePitkin and
vacate8 pnrtlon nl Emma Road, as required by County Commissloners have established an WHEREAS, the Planning and Zonin ence.
y res
approval to consVUd a singlclaml
g The property Is located adjacent to the
L
CARROLL QUAM and LORRIE CRU the Seillemenl Agreement In Illigallon entitled Open Space and Trails land br the purposes of Commission recommended Historic Redstone Ranch Acres Subdivision, and is
Plalntllls, v.
EDWARD REED AND ALL UNKNOWN Jan 1. Tucker and Allan A. Storey. v. Doulas P
h
d I . preserving and developing open space and Deslgnatlon 6.0 for the. subject property al a descrbed as a tract of land situated In ire NW
duly noticed public hearing on December 5, 1
Township l0 South,
q SW 1/4 0l Seelon 29
v
d h
C
PERSONS WILD MAY CLAIM ANY INTEREST IN
THE SIJBIECT MATTER OF T111S ACTION ,
a
e
/
n t
ounty. an
Allen, et al. The properly is locate
e trails resources In the
, Immediate vicinity of the Basalt Store, between established an Open Space and Tralis Board of 1995; and Ran Re 88 Wesl of the 61h P.M. For further
pursuant toS«UOn 247-702 o1 the
WHEREAS
ntact Suzanne Woltl al the
n
tl
f
h
l
,
orma
o
co
t
ose
In
Defentlanls. Hlghway'82 and the Roaring Fork River, In Trustees to guide the expenditure o
' TtiE PEOPLE OF TILE STATE OF COLORADO Sedlon lB, Township BSordA, Range 86 West of funds. MU^Ripol Code, the Cily Coundl has loupd [hat Aspen/Pltkin Community Development
f the subject property meals standards B
9285093
.
Department
TO THE ABOVE-NAMED DEFENDANTS: - the 6th P.M. Fnr further Information contact 2. The Open Space and Trails Roard o
You are hereby summoned and required to Rick Magill at the Aspen/Pitkid CommuMfY Trustees, has, on behalf of the County (architectural importance), D (neighborhood
and E (community character); and s/Frauds Krizmanich,
h charaderJ
i
,
t
appear and defend against the claims of the Development Department 92850E2. Commissloners, entered Into a Contract w
' s/Mlchaei C. Ireland, Chair Wallace F. Burris and Donald E. Moor for the 'WHEREAS, Cily Coundl wishes to alilrm %Ikin County Nearing Officer
y Pnbllshed in The As n Times on December
<ompialnt Tiled with the Court In this adlon, by
Nose recbmmendatlons as rendered b the Pe
Board Of Count Commissloners pp p
flung wllh the clerk of this Court an answer or Y conveyance of real estate that Is a ro riate
Historic PreservatlonCommisslon and Plannin
l
i
l g 23. 1995.
p
e
t
other response. You are required to Ills your Published In The Aspen Times Dec. 23, 1995. for open space use and various other mu
~,""'~
ASPEN/PITHIN
COM1~IUlbIUNPTY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920-5090 FAX (970) 920-5439
MEMORANDUM
TO: County Attorney
Zoning
Town of Basalt
FROM: Rick Magill, Community Development Department
RE: Emma`~Road Vacation
Parcel ID #2467-074-00-020 &2467-074-00-015
DATE: November 1; 1995
Attached for your review and comments is an
Commissioners.
Please return your comments to me no later th
Thank you.
application submitted by the Boazd of County
~/ r' ..
~n November 17.
n',
~ ~~
~. ~~'
"`~~
~ ~ l-Zc7_~J-
~~
M�
r�
L 0 N N E 1A ?
p ,..
r
,ilia mnnnw.wwwx emn..,�r�m.x»r ry
der "'"mow i
IN�a» J1AME
//o/ /,
a�
IRA
0 R A
W�
W
w,
.r
i
N, I�NC,
N, NC
KIN, JAML s 1
m mr,
II,nLIC�,IT, C°:, AI.U. N,
ZIMM RMANN
.....,
L F D ,RER LAUI3^ NCI•m N
Ifin\
r
U ^I ^��� I N
I NES a RTL.N 0U'LN ROAN MT'ERS A OC I A I S
iwnnn'Hmmiww wm'w.W. w'.mmewww pu wMM:'�„�'!!'Arw,N MwMilaiwYXfMXMxuyxn.W'i . +M \xmA O,teN,Y. ✓' v Iniilq'N Vw:MA M1nwq�m u'imV NMwI WV MMNmW�M OW ,M^^nimm, enxM La. mm'+.ru M1Fm XW�am,r
m'.ro M1'.mm ,Mn.NmN ne WNNwN. rvwrvM,'h✓�' lim4'wWe imNywmiry wWxx+m,w NrUMn w9umM14wAmm'emw:wnMWax.NxPmPo wu �4nx'.uNMiwuin iwMdV wry xr Ann m.Mti%rN n.@i. pmm'Wm Nev
m mwr w ,rymwl�o�� n mm +wm � ownw�amm� �o-m� ,wmdai n�o-�ww+��w w mal,�rc�miorn+ ,�muwrmm �� w m r
KMm IL,IM AND
K MP W11��.L. AM N. ANU
0
Lgrzlc
1.ILLIIIMA
a s,
w
ti F000N p h��R
i
4
CCu ,I°HKGIi( RE .K
N
Y
'3 N a C' I,. A K C)F 1T A S I,li r L i.``'CTv
�r \
"NL'I,mAK aL "„ NAAr'Nm C
r CiA R Y L N
V4 H/ i E J A M I S E
u.
m �mnn yl +o ,.xmmm,rn uu.V 4 nexM�owuwxd mv, mN MO � m o 00 Wap b w Xw.m A u un miw nn,
S N o w r L A K/f Cif',µ NA S
LI.0
0W IA; AKL 0 1` 8ASA1.
R� r i t my e r
BASALT C ( M E R C. I AL PAR I',amC K
L"t C
BASALT C'OMM RCIAL. PARK OWNM.S ASSOC,
S,N0
Lo d
AKL, 0 13AS Al, T , LL C,
W
LAKE Ci
L E N
UI
a s,
w
ti F000N p h��R
i
4
CCu ,I°HKGIi( RE .K
N
Y
'3 N a C' I,. A K C)F 1T A S I,li r L i.``'CTv
�r \
"NL'I,mAK aL "„ NAAr'Nm C
r CiA R Y L N
V4 H/ i E J A M I S E
u.
m �mnn yl +o ,.xmmm,rn uu.V 4 nexM�owuwxd mv, mN MO � m o 00 Wap b w Xw.m A u un miw nn,
S N o w r L A K/f Cif',µ NA S
LI.0
0W IA; AKL 0 1` 8ASA1.
R� r i t my e r
BASALT C ( M E R C. I AL PAR I',amC K
L"t C
BASALT C'OMM RCIAL. PARK OWNM.S ASSOC,
S,N0
Lo d
AKL, 0 13AS Al, T , LL C,
W
LAKE Ci
L E N
.. /.x
TEAS NAP(DRAWIN0 15 A
I'10N OF TNC FEATURES
0EPICTCD ANC} IS N01 A
LEC;Al. GtF°PRESE,NTAT 10N.
JAE AC C URACY NAY
HIE E`,NLANGEiMEN1 OR
REDUCTION
i (,) / 1 2, / ()1,
I XWM:
a
t
d
YpVTM pc
EI 1 1 f I 1
�1rv'Ay
A+pA
fyM^y�q�
R
o
pq
a
�yq
Cri
1,
p
e
B
1
1
p4Aj
IO
;p
e
R o a
d
s
Cdr i
vaway
.. /.x
TEAS NAP(DRAWIN0 15 A
I'10N OF TNC FEATURES
0EPICTCD ANC} IS N01 A
LEC;Al. GtF°PRESE,NTAT 10N.
JAE AC C URACY NAY
HIE E`,NLANGEiMEN1 OR
REDUCTION
i (,) / 1 2, / ()1,