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HomeMy WebLinkAboutpitkin.planning.273707203005, 273707200024 (2007)DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) 41d =T'KINOUNT ADDRESS NOTIFICATION Date: 5/12/2017 Effective Date: 5/15/2017 New Assigned Address: 101 American Ln Aspen, CO 81611 Former Address: 322 Red Mtn Rd Reason for Assignment: New private Roadway Parcel ID: 273707203005 Lat/Lon: 39.197779 N, -106.816097 W Property Owner Name: MITCHELL MARIAN RUBEY TRUST, RUBEY ROBERT NEAL TRUST, Hunter Curtis Baar, Catherine B Rubey, Robert B Rubey, Karen Rubey Bering Note: American Ln is a new private roadway. The Red Mtn Rd address is officially retired and should no longer be used. Please contact for any questions or Further Clarification. Thank You, Alex Durant Public Safety GIS Analyst, Pitkin County Government I BITS Phone: 970.429.6113 (0) Email: alex.durant@pitkincounty.com Address: 123 Emma Rd #106, Basalt, CO 81621 10fTKIN Legend COUNT� Address Assignment • Addresses Road Centerline Date: 5/12/2017 N �� Driveway Parcel Boundary 1:4,500 • STATUTO~tY POWER OF ATTORNEY • NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BR AD AND S WEEPING. THEY ARE EXPLAINED IN THE UNIFORM STATUTORY FORM POWER OF ATTORNEY ACT. IF YOU HAVE ANY QUESTIONS AB THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCIJMENTDOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HE TH-CARE DECISIONS FOR YOU. YOU MAY REVOKETHIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO. YOU MAY HAVE OTHER RIGHTS O POWERS UNDER COLORADO LAW NOT CONTAINED IN THIS FORM. LISA ANN MESDAG appoints ANNE MARFE respect to the following initlaled subjects; and JOHN T. KELLY as her agents (attorneys-in-fea) to act for her in any lawful way with TO GRANT ONE OR MORE OF THE FOLLOWING POWERS, DYI A POWER, DO NOT INITIAL THE LINE IN FRONT OF IT. YOU X (A) Real property transactions(whrn properly recorded). (C) Sock and bond transactions. (E) Banking and other financial institution transactions. (G) Insurance and annuity transactions. (I) Claims and litigation. _ (K) Benefits from Social Security, Medicare, Medicaid, or other governmental programs, or military service. (M) Tax matters. ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL, To execute all deeds, bills of sale, contracts, closing documa necessary to accomplish the lot line edjustmrnt and conveyance Exhibit A and the property fomterly known as Lots 1 and 2, Si UNLESS YOU DIRECT OTI-]ERWISE ABOVE, THIS POWER OF AT' This power of attorney will continue to be effective evrn though I become STRIKE AND INITIAL THE PRECEDING SENTENCE IF YOU DO N INCAPACITATED, OR INCOMPETENT. I agree that any third parry who receives a copy of this document may act u teams of the revocation. I agree to indemnify the thud party for any claims Signedthis /?~ day of Septanbcr 2007. ~~ ~~ Usa Mesdeg STATE OF ~ SS. COUNTY OF THE LINE IN FRONT OF EACH POWER YOU ARE GRANTING. TO WITHHOLD BUT NEED NOT, CROSS OUT EACH POWER WTfHHELD. (B) Tangible personal properly transactions. (D) Commodity and option transactions. (F) Business operating transactions. (H) Estate, trust, and other beneficiary transactions. (J) Personal and family maintenance. _ (L) Retirement plan transactions. AL INSTRUCTIONS NS LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT: lab, agreements end all other documents end do alI other acts of whatever nature openy between Lot 5 ofthe Rubey Subdivision, as more fully desm7>ed in the etteclxd tad Mountain Subdivision, as more fully described in the attached Exhibit A. NEY IS EFFECTNE IMMEDIATELY AND WILL CONTINUE UNTII, ff IS REVOKED. bled, incapacitated, or incompetent WANT THIS POWER OF ATTORNEY TO CONTINUE IF YOU BECOME DISABLED, it Revocation of the power of attorney is not effective as to a third party until the third Petty arise against the third party becatue of reliance on this power of attorney. RECEPTION#: 544177, 11!20/2007 at 10:04:30 AM, t of 3, R 116.00 DF 50.00 Doc Cdde POA Janice K. Vos Caudill, Pkkin County, CO ACKNOWLEDGED before me this _ day of September 2007 by Lisa Ann Mesdag. WITNESS my hand and official seal. ~ Q \Q,al S t. MY commission expires: a't't p GIB BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, THE AGENT. t Vie\4h~ CCN~~~ .Ca~C 10-3 -oQ ' Notary Public ASSUMES THE FIDUCIARY AND OTFIER LEGAL RESPONSB3ILff1ES OF AN CALIFORNIA ALL-PiJRPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA } SS COUNTY OF I..D$ ADPeles t on (V [a'~ e\pn ~, `?~ t ~ p' ~'[ before me, Robin Ward, Notary Public personally appeared o0. personally known to me (m proved to me on the basis of s factory 'dance) to be the person(s) is/arc subscribed to the within ]nstrumrnt and acknowledged to me that helshe/they executed the same in h s/ha/then euthoriud capacity(ies) and that by his/ha/their signature(s) on the instrument the ptason(s) or the entity upon behalf of which Ne on(s) acted, executed the instttwrnL WITNESS my hand and official seal. Signature ~~~ CAIrYrYMeft 11460609 ['k44v rL4Mc - CaNcetlo 4a ~nt~awtso,rr[r t ~, NOTARY STAMP OPTIONAL Tlwugh the ioCOmutian bebw is not required by law, may prove valuable m perform rtlying m the doeumem and eoWd prevent fnWWent removal and rcaltachmml ofthit Conn m onothar domunmt. DESCRIPTION OF ATTACHED DOCUMENT Title a Type ofDoeummt~~~ Dooummt Date: S [ r,~ C o t.. \n a ~_ Numbs CAPACCCY (fE3) CLAIMED BY SIGNERS(S) [ ] INDIVIDUAL Righ[Thumbprint [ ] CORPORATE OFFICER(S) Trrt.E(S) I ] PARTNER(S) [ ]LIMITED Top oCthumb here [ ]GENERAL [ ] ATTORNEY-M-FACT [ ] 7RUSTEE(S) [ ] GUARDIAN OR CONSERVATOR [ ] orxER SIGNER IS REPRESENTING: [ ) INDIVIDUAL [ 1 CORPORATE OFFICER(S) TITLE(S) [ PARTNER(S) [ j LIMrrED [ ]GENERAL [ ] ATTORNEY-IN-F~L4~ [ ] TRUSTEE(S) \ [ ] GUARDIAN OR CONSERVATOR [ ] OTHER Right Thunbpriut of Sigoe Top of tltumb here • HIBIT "A" DESCRIPTION Portion of Lot 5, Rubey Subdivision to be Merged with Mesdag Property A parcel of land situated in Lot 5 of Rubey subdivision Pitkin County, Colorado, more particularly described as folbws: Beginning at the Northwest Comer of said Lot 5 whe of Section 7, Township 10 South, Range 84 West of thence S 89°08'58" E 102.00 feet abng the boundar of said Lot 5; thence S 76°17'00" E 24.25 feet abng a 44 foot wide utility easement; thence 22.08 feet alc central angle of 11°59'00" along the southerly line of having a radius of 110.85 feet and a central angle of 89°02'00" W 67.00 feet along the southerly line of sa having a radius of 172.51 feet and a central angle of 59°16'00" W 306.05 feet along the southerly line of s Lot 5; thence N 01°14'00" W 196.44 feet along the w thence S 85°32'00" E 121.06 feet along the westerly thence N 50°00'00" E 190.00 feet along the westerly thence N 20°37'00" E 285.79 feet along the westerly thence N 51°10'00" W 51.16 feet along the westerly I thence N 42°10'00" W 52.69 feet abng the westerly t :e a U.S. Brass Cap marked "S.P.M." (formerly used as the Center ie Sixth Principal Meridian) bears S 42°15'56" E 1788.58 feet; >f said Lot 5; thence S 09°07'00" E 445.00 feet along the boundary e boundary of said Lot 5 to the intersection with the northerly line of f the arc of a curve to the left having a radius of 105.56 feet and a rid easement; thence 48.24 feet abng the arc of a curve to the right i°27'00" abng the southerly line of said easement; thence S easement; thence 89.82 feet along the arc of a curve to the left 3°46'00" abng the southerly line of said easement; thence S j easement to the intersection with the westerly boundary of said ~terly boundary of said Lot 5; rundary of said Lot 5; rundary of said Lot 5; >undary of said Lot 5; undary of said Lot 5; undary of said Lot 5 to the Point of Beginning. ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR APPROVING THE MESDAG/RUBEY REQUEST FOR A SUBDIVISION EXEMPTION FOR A LOT LINE ADJUSTMENT TO GRANT THE MESDAG PARCEL 2.251 ACRES Decision No. ~-2007 RECITALS 1. Lisa Ann Mesdag (hereinafter "Mesdag) and Marian Neal Lyeth and Southwest Guraranty Trust Company (hereinafter Rubey) (collectively, "Applicants"), have applied to the Community Development Director of Pitkin County, Colorado for a Subdivision Exemption for a Lot Line Adjustment to allocate 2.251 acres from the Rubey property to the Mesdag property. 2. The properties are zoned R-30. Mesdag=1.835 acres (79,932 sq. ft.), and Rubey=13.972 acres (608,620 sq. ft.). Both lots are conforming in size. The resulting Mesdag property will tota14.086 acres and the resulting Rubey property will be 11.721 acres. The Mesdag property is located at 412 Red Mountain Road and is more specifically described in Exhibit A. The Rubey property is located at 300 Red Mountain Road and is described as Lot 5, Rubey Subdivision. The Director finds that the proposed Lot Line Adjustment complies with applicable standards of the Land Use Code found at Subsection 2-30-20(g)(4). THE DIRECTOR DOES HEREBY APPROVE request for a Subdivision Exemption for a Lot Line Adjustment, subject to the following conditions: Prior to submission of any future Building Permit applications, Applicants shall prepare, and submit to Community Development for review and recordation, a lot line adjustment plat for the two properties consistent with the requirements of the Land Use Application Manual. The lot line adjustment plat shall include a plat note that states that there is to be no increase of potential floor area for the Mesdag parcel (parcel ID 273707200024) by virtue of this lot line adjustment. 2. The Mesdag parcel (parcel ID 273707200024) shall be increased by 2.251 acres to a total of 4.086 acres, but shall not increase the potential floor area for the parcel. Floor area calculations shall be taken from the original lot size of 1.835 acres. Prior to issuance of a building permit for the Mesdag parcel, the existing stable barn located in the adjusted area shall be removed. 4. Applicants shall adhere to all material representations made in the application. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to either or both of the properties, or vested rights associated with either or both of the properties. RECEPTION#: 541397, 08/28/2007 at 11:03:52 AM, 1 OF 3, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO APPROVED: Cindy ouben Community Development Director Date: d~..~ 2,~3 , 2007 J P057-07 PID#273707200024 (Mesdag), 273707203005 (Rubey) LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH PRINCIPAL MERIDIAN, AND BEING MORE FULLY DESCRIBED AS FOLLOWS: QEGINNING AT A POINT WHENCE CORNER N0.14 OF THE BROWN PLACER, USMS NO. 15047 BEARS N 56°50'59" E 211.55 FEET, THENCE S 73°05'30" E 286.06 FEET, THENCE S 20°37'00" W 150.12 FEET, THENCE S 50°00'00" W 190.00 FEET, THENCE N 85°32'00" W 131.07 FEET, THENCE N 01°54'00" W 198.00 FEET, THENCE N 24°13'00" E 151.03 FEET TO THE POINT ON BEGINNING. FORMERLY KNOWN AS LOTS 1 AND 2, SIENA-RED MOUNTAIN SUBDIVISION. DEED OF TRUST APPARENTLY UNRELEASED MEMORANDUM TO: Cindy Houben FROM: Ezra Louthis DATE: August 21, 2007 RE: Mesdag/Rubey Subdivision Exemption for a Lot Line Adjustment SUMMARY: The Applicants are requesting approval of a subdivision exemption for a lot line adjustment. The Applicants desire to convey 2.251 acres along the northwestern edge of the Rubey property to the Mesdag property. The portion of the property being conveyed contains an existing horse stable/barn that contains approximately 1,300 square feet. The barn is to remain at the request of the Rubey family, and will be removed eventually. The Mesdag residence currently contains approximately 8,000+ square feet of floor area, with approximately 2,000+ sq. ft. of exempt space, for a total of 10,000+ square feet. The property currently contains 1.835 acres (79,932 sq. ft.), which would allow for a residence of 10,391 square feet of floor area, thus the property can absorb the existing square footage of the barn without exceeding the allowable floor area. APPLICANTS/OWNERS: Lisa Ann Mesdag (hereinafter "Mesdag) (273707200024) and Marian Neal Lyeth and Southwest Guraranty Trust Company (hereinafter Rubey) (273707203005) REPRESENTATIVE: John Kelly LOCATION: 412 Red Mountain Road (Mesdag) and 300 Red Mountain Road. ZONING/I,OT SIZES: R-30; Mesdag=1.835 acres (79,932 sq. ft.), and Rubey=13.972 acres (608,620 sq. ft.) STAFF COMMENTS: Lot Line Adiustments: Subsection 2-30-20(g)(4) of the 2006 Land Use Code authorizes a lot line adjustment under the following conditions: a) The adjustment creates not more than the original number of lots or parcels. Response: No additional lots or parcels will be created. b) The purpose or effect of the lot line adjustment is not the creation of a new lot or parcel, nor any increase in exempt or non exempt floor area or maximum house size for a parcel that gains size, nor creation of a lot or parcel substantially different in size for development or resale purposes. The floor area will be reduced on a parcel that decreases in size due to the adjustment. o~ Z Response: No additional lots or parcels will be created, however, the Mesdag parcel will become larger and is it located in a FAR zone district (R-30). The intent of the adjustment, though, is not to increase allowable floor area, but to simply protect the rear of the property from further development by the Rubey Subdivision Lot owners. The Mesdeg property will be conditioned that floor area calculations will adhere to the existing parcel size as it exists prior to the proposed adjustment. The Rubey parcel is large enough that its floor area calculations will not be affected. c) In the case of conforming lots and parcels, any resulting lot or parcel shall conform to the minimum requirements for area or width established by the provisions of this Land Use Code. Response: Both parcels satisfy the required lot size and width requirements in the R-30 zone district. d) In the case of substandard size lots or parcels, the resulting lots or parcels may increase in non-conformity as to lot size so long as the other standards of this Land Use Code continue to be met. Response: Does not apply. e) The applicant shall prepare a subdivision exemption lot line adjustment plat in compliance with the standards in the Pitkin County Land Use Application Manual. Response: The applicants have submitted a draft of a Lot Line Adjustment Plat that shall be finalized in compliance with the requirements of the Land Use Code with the following conditions: ~ An application for a minor plat amendment consistent with the proposed lot line adjustment shall be submitted and reviewed concurrently with the application for a lot line adjustment. Response: Does not apply. Chart 1 ~ Mesdag ~ Rubel r 1.835 I 13.972 Existing Lot Size acres acres Lot Line Adjustment ~ 2.251 ~ -2.251 4.086 11.721 New Lot Area acres acres Floor Area Rati_a (FAR) ' 1 0.13 ~ 0.13 Existing AAawable Floor Area ~ 10,391 ~ 15,000 New Allowable Floor Area 1 10,391 ~ 15,000 Floor Area Change - 0.0 0.0 RECOMMENDATION: Staff recommends that the Director approve the Mesdag/Rubey Subdivision Exemption for a Lot Line Adjustment subject to the attached Decision. 2 2 ~.J,~T11 7, ~Nl':?,Et'1Cl 1, ~'xARDE~ ~t~'.ARTZ t~ .~.I.l...l.,~, ~'. . ~ROFESSIC?I~1P.l CO(iPCiRATlC1PJ 1 HSRC7 f~'l.i~()F{. ASPfN PL:RrA FiU3i_E:}E^dtz 533 E. i°tOPK iN5 AVE h3LiE 1tSPEPd, CC)I.0(iACO, f3i Bi 7 ~EC;1`dARv t49. HATES rya n c A~(:,Elvsi~.-a.;aTz DA~lID B. KEvLY P•v9A;4iA !.4Cix?E:iC?YV ~C~HN T. KELvY riiv^1E i~IARiE h1C•PNEE April 24, 2007 Ezra Louthis, Planner Pitkin County Community Development 130 South Galena Street Aspen, CO 81611 Re: Application for Lot Line Adjustment and Minor Plat Amendment Dear Ezra, TEtE°FiONE ;~3'Yi3} 32G-9 70C' FACSiMIL.E {ft71i} SY~{3-31? i amm f~tokgia:'v rom Enclosed is an application packet for a lot line adjustment and minor plat amendment affecting Lisa Ann Mesdag's property at 412 Red Mountain Road and the Christina Carson Rubey Trust, Robert Neal Rubey Trust and Marian Rubey Mitchell Trust's property at 300 Red Mountain Road (parcel numbers 273707200024 and 273707203005, respectively). Enclosed in the packet is a memorandum discussing the proposed lot line adjustment and minor plat amendment, subdivision exemption plat prepared by Sopris Engineering, Inc., proof of ownership and legal descriptions for both properties, vicinity and aerial maps of the properties, signed fee agreement and check for $924.00, consent from the property owners authorizing Oates, Knezevich, Gardenswartz & Kelly to act on their behalf regarding this application, and a copy of the January 26, 2007 pre-application conference summary. The object of the application is to transfer approximately 2.25 acres of land from the Rubey's property to the Mesdag property. The area to be transferred is shown on the enclosed plat. Applicants are not requesting approval for any changes to existing structures or construction of any new structures, are not seeking to create any new lots or parcels, and do not intend to increase. the permitted floor area or maximum house size for either lot. All development. approvals for the Rubey property will remain with the Rubey property. Please let me know if you have any questions or,need any additional materials. We look forward to working with your office on this matter. C~A,~s, R~:7E'~'l~'1-l, r~1~~~E~vs~~.~~~~ ~.~[,1.Yp .~'. Ezra Louthis Apri124, 2007 Sincerely, OATE5, KNEZEVICH, GARDENSWARTZ & KELLY, P.C. B ~ ~~~%~~ y Anne Marie McPhee AMM/ Encl. cc w/ encl: Lisa Ann Mesdag Joseph D. Edwards oooo~~ e To: Pitkin County Community Development Department From: Anne Marie McPhee, Oates, Knezevich, Gardenswartz & Kelly, P.C. Date: April 24, 2007 Re: Rubey Trust/Mesdag Subdivision Exemption for a Lot Line Adjustment and Minor Plat Amendment Applicants: Lisa Ann Mesdag (hereinafter "Mesdag") and Marian Neal Lyeth and Southwest Guraranty Trust Company as Co-Trustees of, and for the benefit of, The Christina Carson Rubey Trust as to an undivided 1/a interest, the Robert Neal Rubey Trust, as to an undivided 1/a interest, and The Marian Rubey Mitchell Trust, as to 1/a interest and Catherine Bone Rubey, Karen Elizabeth Rubey Bering and Robert Bonner Rubey, as to an undivided 1/a interest (collectively hereinafter "Rubey"). Proiect Location: This project is a request for a lot line adjustment and minor plat amendment transferring a portion of Lot 5, Rubey Subdivision, according to the Plat thereof recorded in Plat Book 5 at Page 41, located north of the private entry drive and containing an existing barn and corral lying easterly of the property owned by Applicant Mesdag, formerly known as Lots 1 and 2, Siena-Red Mountain Subdivision, located at 412 Red Mountain Road (parcel number 273707200024) (hereinafter the "Mesdag Property). The street address for Lot 5, Rubey Subdivision is 300 Red Mountain Road (parcel number 273707203005) (hereinafter the "Rubey Property"). A vicinity map and aerial photo of the two properties is included in the application packet. Ownership: Title to the Rubey Property is vested in Marian Neal Lyeth and Southwest Guraranty Trust Company as Co-Trustees of, and for the benefit of, The Christina Carson Rubey Trust as to an undivided 1/a interest, the Robert Neal Rubey Trust, as to an undivided i/a interest, and The Marian Rubey Mitchell Trust, as to i/a interest and Catherine Bone Rubey, Karen Elizabeth Rubey Bering and Robert Bonner Rubey, as to an undivided 1/a interest. The Mesdag Property is owned by Lisa Ann Mesdag. There are no other owners, mortgages, judgments or liens against the property. An ALTA Commitment for Title Insurance for the Rubey Property and an ownership and encumbrance report for the Mesdag Property are provided in the application packet. Proiect Description: Applicants seek to transfer a small area of land of approximately 2.251 acres from the Rubey Property to the Mesdag Property. This area is shown on the attached ~~~U~v Subdivision Exemption Plat prepared by Sopris Engineering. No change to any existing structure or construction of any new structures is requested. Parcel Histories: The Pitkin County Board of County Commissioners approved the Rubey Subdivision pursuant to Resolution No. 76-155; the final plat is recorded in Plat Book 5 at Page 41. A barn is located on the area to be transferred. The Community Development Director granted 1041 hazard review and minor plat amendment approval to Lot 5 pursuant to Administrative Decision No. 34-2006. The Board of County Commissioners approved a fifteen year vested right for Lots 1 through 5 of the Rubey Subdivision on September 27, 2006 in Resolution No. 125-2006. Copies of the Administrative Decision No. 34-2006 and Resolution No. 125-2006 are included in the application packet. Compliance with the Pitkin County Land Use Code: This project complies with both Sections 2-30-20(g)4 for Lot Line Adjustments and 2-30-20(5) for Minor Plat Amendments. No new lots or parcels will be created and it is not the Applicants' intention to increase the permitted floor area or maximum house size for either lot. In addition, the lot line adjustment is not intended to change the size of either lot for development or resale purposes. Applicants agree that all development rights for the Rubey Property associated with the approvals discussed above shall remain with the Rubey Property and shall not transfer to the Mesdag Property. Additional materials: Other materials submitted in this application packet are: 1. a 24" x 36" Subdivision Exemption Plat prepared by Sopris Engineering, Inc.; 2. ALTA title commitment and list of exceptions disclosing ownership of Lot 5, Rubey Subdivision, including legal description of Lot 5; 3. ownership and encumbrance report disclosing ownership of the land formerly known as Lots 1 and 2, Siena-Red Mountain Subdivision, including legal description; 4. vicinity map showing both the Rubey and Mesdag Properties; 5. aerial photograph showing both the Rubey and Mesdag Properties; 6. signed fee .agreement and check for $924.00; 7. consent from the owners of both the Rubey and Mesdag Properties to process the application and authorizing Oates, Knezevich, Gardenswartz & Kelly, P.C. to represent the owners in this matter, and 8. January 26, 2007 pre-application conference summary. Please let me know if there is anything further you need. We look forward to working with you on this project. • Page 2 001004 w ., ALTA Commitment For Title Insurance Fidelity National Title Insurance Company AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3~FLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: Vince Higens-wince@sopris.net Brandi Jepson-brandi@sopris.net (Closing & Title Assistance) FIDEI..I'I'Y NATIONAL TITLE INSURANCE COMI'AN'~ OUOUO CLOSING MATTERS: TJ Davis-tj d@sopris.net Joy Higens-joy@sopris.net ~'F~tetit5 'l;~Liontd 'tifla- ~~psnrx~e f_`csxYt~r,~ny € 7^i I 1 V;sr ~HE€tsad9.lt':;rue~. "~~i1;: of%? r-,. Commitment for Title Insurance Fidelity National Title Insurance Company A Stock Company COMMITMENT FOR TITLE INSURANCE FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate within six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, Fidelity National Title Insurance Company has caused its corporate name and seal to be hereunto affixed and these presents to be signed in facsimile under authority of its by-laws on the date shown in Schedule A. FIDELITY NATIONAL TITLE INSURANCE COMPANY t~~. ~~ . ~x A Countersigned: ~+ Authorized Signature FORM 27-083-66 (10/03) ALTA COMMITMENT - 1966 ~~o~o~ CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed or other security instrument. 2. If the Proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the Proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien or encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named Proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the Proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the Proposed Insured may have or may bring against the Company arising out of die status of the title to the estate or interest or (he status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. ~~QUO~ COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: December 15, 2006 at 8:00 AM 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-Form 1992 Proposed Insured: LISA ANN MESDAG (b) ALTA Loan Policy-Form 1992 Proposed Insured: (c) ALTA Loan Policy-Form 1992 Proposed Insured: Case No. PCT21072F Amount$ 2,000,000.00 Premium$ 3,894.00 Rate: Standard Amount$ 0.00 Premium$ 0.00 Rate: Amount$ Premium$ Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: See attached title vesting page 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: LOT 5, RUBEY SUBDIVISION, according to the recorded Plat thereof recorded December 20, 1976 in Plat Book 5 at Page 41. NOTE: THE ABOVE LEGAL DESCRIPTION WILL BE AMENDED UPON RECORDATION OF THE LOT LINE ADJUSTMENT PLAT TO BE COMPLETED FOR THIS TRANSACTION. PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, ASPEN, CO. 81611 970-925-1766 Phone/970-925-6527 Fax 877-217-3158 Toll Free Schedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. aoooo~ TITLE VESTING MARIAN HEAL LYETH AND SOUTHWEST GUARANTY TRUST COMPANY AS CO-TRUSTEES OF, AND FOR THE BENEFIT OF, THE CHRISTINA CARSON RUBEY TRUST, AS TO AN UNDIVIDED 1/4 INTEREST AND MARIAN NEAL LYETH AND SOUTHWEST GUARANTY TRUST COMPANY AS CO-TRUSTEES OF, AND FOR THE BENEFIT OF, THE ROBERT NEAL RUBEY TRUST, AS TO AN UNDIVIDED 1/4 INTEREST AND MARIAN NEAL LYETH AND SOUTHWEST GUARANTY TRUST COMPANY AS CO-TRUSTEES OF, AND FOR THE BENEFIT OF, THE MARIAN RUBEY MITCHELL TRUST, AS TO AN UNDIVIDED 1/4 INTEREST AND CATHERINE BONER RUBEY, KAREN ELIZABETH RUBEY BERING AND ROBERT BONNER RUBEY, AS TO AN UNDIVIDED 1/4 INTEREST OO~UO~ SCHEDULE B -SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: 1. Recordation of a good and sufficient Plat of Lot Line Adjustment Plat of Rubey Subdivision. 2. Duly executed Statement of Authority for CHRISTINA CARSON RUBEY TRUST, ROBERT NEAL RUBEY TRUST, MARIAN RUBEY MITHCELL TRUST, a trust, disclosing the name of the trust, and the names and addresses of the trustees empowered to act pursuant to CRS 38-30-108.5. 3. Duly executed and acknowledged Deed, From :VESTED OWNERS To :LISA ANN MESDAG 4. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance No. 13 (Series of 1990) has been paid or exempted. 5. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) 6. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) 7. Completion of Form DR 1079 regarding the withholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) ooool® SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded December 24, 1902 in Book 55 at Page 116. 8. Easement and right of way for the Salvation Ditch as set forth in instrument recorded June 30, 1952 in Book 180 at Page 24. 9. Easement and right of way for the Hunter Creek Trail as set forth in instrument recorded November 27, 1974 in Book 293 at Page 911. 10. Easements, rights of way and all matters as disclosed on Plat of subject property recorded December 20, 1976 in Plat Book 5 at Page 41. 11. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded January 13, 1977 in Book 323 at Page 367 as Resolution No. 76-155. 12. Terms, conditions, provisions and obligations as set forth in Subdivision Agreement recorded January 13, 1977 in Book 323 at Page 368. 13. That certain Life Estate as set forth in Deeds recorded June 21, 1977 in Book 330 at Pages 735 thru 742 and Deeds recorded January 4, 1990 in Book 611 at Pages 113 thru 124 and Correction Deeds recorded December 6, 1995 in Book 801 at Pages 649 thru 660. 14. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded June 29, 1984 in Book 468 at Page 840. 15. Terms, conditions, provisions and obligations as set forth in Lease Agreement recorded October 31, 1989 in Book 606 at Page 287. (Continued) ~~DU11 ~. SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 16. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded August 17, 1999 as Reception No. 434491 as Resolution No. 99-112. 17. Terms, conditions, provisions and obligations as set forth in Declaration of Easement and Maintenance Agreement recorded February 14, 2000 as Reception No. 440453. 18. Easements and rights of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instruments recorded August 4, 2000 as Reception No. 445797, Reception No. 445798, Reception No. 445799 and August 8, 2000 as Reception No. 445885. 19. Terms, conditions, provisions and obligations as set forth in Administrative Decision recorded April 21, 2006 as Reception No. 523233. 20. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded October 30, 2006 as Reception No. 530410 as Resolution No. 125-2006. 21. Any rights, interest or easements in favor of the riparian owners, the State of Colorado, The United States of America, or the general public, which exist, have existed, or are claimed to exist in and over the waters and present and past bed and banks of Hunter Creek and right of way for the continued flow of Hunter Creek. 00001 MEMORANDUM OF OWNERSHIP-ACCOMMODATION NO LIABILITY PITKIN COUNTY TITLE, INC., A DULY LICENSED TITLE INSURANCE AGENT IN THE STATE OF COLORADO. BY EXAMINATION OF THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, DISCLOSES THE FOLLOWING: GRANTEE IN THE LAST INSTRUMENT OF CONVEYANCE LESA ANN MESDAG LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH PRINCIPAL MERIDIAN, AND BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE CORNER N0.14 OF THE BROWN PLACER, USMS NO. 15047 BEARS N 56°50'59" E 211.55 FEET, THENCE S 73°05'30" E 286.06 FEET, THENCE S 20°37'00" W 150.12 FEET, THENCE S 50°00'00" W 190.00 FEET, THENCE N 85°32'00" W 131.07 FEET, THENCE N 01°54'00" W 198.00 FEET, THENCE N 24°13'00" E 151.03 FEET TO THE POINT ON BEGINNING. FORMERLY KNOWN AS LOTS 1 AND 2, SIENA-RED MOUNTAIN SUBDIVISION. DEED OF TRUST APPARENTLY UNRELEASED NONE LIENS AND JUDGMENTS (AGAINST LAST GRANTEE] APPARENTLY UNRELEASED i~~h THIS INFORMATION IS FOR YOUR SOLE USE AND BENEFIT ANO IS FURNISHED AS AN ACCOMMODATION. THE INFORMATION HAS BEEN TAKEN FROM THE PUBLIC RECORDS, WITHOUT REFERENCE TO, OR EXAMINATION OF, INSTRUMENTS WHICH PURPORTS TO AFFECT THE REAL PROPERTY. THE INFORMATION IS NEITHER GUARANTEED NOR CERTIFIED, AND IS NOT AN ABSTRACT OF TITLE, OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND OUR LIABILITY IS LIMITED TO THE AMOUNT CHARGED FOR THIS REPORT. EFFECTIVE DATE: February v, 2007 @ 8:00 A.M. PITKIN COUNTY TITLE, INC. BY: Authorized Officer JOB NO: 2297 oooolu .. '-~ 401044 01/2i/1997 Ibi:i9P P~ i OF 2 REC DQC NDT SIt_VIA DAVIS PITN,IN COUNTY CLERFC t RECORDER 11. e:Q: 24Qr. 00 Recorded at o'clock .M. Reception Recorder RECORDING REQUESTED BY: WHEiY RECORDED RETURN TO: ~ S sq. 1555 Drivc pen, Calor o 8I611 GENERAL WARRANTY DEED THIS DEED is made this 1 L day of January, 1997, between ABBOTT ENTERPRISES, a Hawaii Limited Partnership (hereinafter "Grantor"), and LISA ANN MESDAG (hereinafter "Grantee"), whose legal address is Heinrich Von Kleist Str., 30 61350 Bad, Homburg, Germany. W1;TNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars :,,~ (510.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby r('J acknowledged, has granted, bargained, sold, and conveyed, and by these presents does grant, bargain, (NCO sell, convey and confirm, unto the Grantee, her heirs, successors and assigns forever, al! the real property together with improvements, if any, situate, lying and being in the County of Pitkin, State }.- of Colorado, described as follows: 4cl A parcel of land situated in the Northwest Quarter of Section 7, Township 10 South, Range 84 West of the 6's Principal Meridian, and being more fully described as follows: Beginning at a point whence Corner No. 14 of the Brown Placer, USMS No. 15047 bears N 56°S0'S9" E 21 1.55 feet, Thence S 73°05'30" E 286.06 feet, Thence S 20°37'00" W ] 50. ] 2 feet, Thence S SO ° 00'00" W ]90.00 feet, Thence N 85°32'00" W 131.07 feet, Thence N O1 °S4`00" W 198.00 feet, Thence N 24 ° 13'00" E 151.03 feet to the point of beginning. Formerly known as Lots ]and 2, Siena-Red Maunta'sn Subdivision. ti COUNTY OF PITKIN, STATE OF COLORADO. u TOGETHER with atl and singular the hereditaments and appurtenances thereto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues s and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the d Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments '~ and appurtenances. u cc TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, her heirs, successors and assigns forever. And the Grantor far itself, its successors and assigns, does covenant, grant, bargain and agrees to and with the Grantee, :° her heirs, successors and assigns, that at the time ofihe ensealing and delivery of these presents, it A is welt seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible L estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to ~ w grant, bargain, sel! and convey the same in manner and form as aforesaid, and that the same are free s and clear from alt former and other grants, bargains, sales, liens, taxes, assessments, encumbrances ~' ~, and restrictions of whatever kind or nature whatsoever, except the following exceptions: 1. General taxes for 1997 due and payable in ] 99$ ~-~- 401044 01,~2if1997 01:19P pG ~ OF ;? 2. Right of the proprietor ofa vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded in Book SS a! Page ib6. 3 • Easement and right of way for pipes, mains, reservoirs, dams ar flumes as granted by Sohn R. Williams and David R.C. Brown by instrument recorded in Hook 24 at Page 59. 4. Right of Way as granted by instrument recorded in Book l80 at Page 24. 5. Right of Way for the Gary Cooper Ditch referred to in Deed recorded in Book 180 at Page 359. 6. Reservations in Deed recorded in Book 180 at Page 359. 7. Easement and right of way for one line of poles bearing telephone and telegraph wires traversing the N~/z NWT/s Section 7, Township 10 South, Range 84 West of the b°i P.M., said easement shall be actually used for the purpose above specified and all rights hereunder shall revert to the owner of the land as soon as the said use thereof shall be abandoned and discontinued as granted by instruments recorded in Baok 1 S 1 at Page 13 and in Book 151 at Page 45. 8. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Pitkin County Commissioners, recorded in Book 680 at Pagt 166 as Resolution No. 92-53. 9. Terms, conditions, provisions and obligations as set forth in Occupancy Deed Restriction and Agreement for a Caretaker Unit, recorded in Book 685 at Page Sb2. 10. Subject to building and zoning regulations. Ali documents are recorded in the records of Pitkin County, Colorado. The Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee, her heirs, successors and assigns, against all and every person or persons lawfully claiming the whale or any part thereof, The singular numbtr shall includt the plural, the plural the singula,• and the use of any gender shall be applicable to all genders. IN WITNESS WREREOF, the Grantor has executed this General Warranty Deed on the date set forth above. STATE OF tVa.~DraA~C } ss. COUNTY OF ~j~} ~ ~~ ) ABBQTT ENTERPRISES, A Hawaii. Limited Partnership ere ott, II, General Partner The foregoing instrument was acknowledged before me this ~ b day of January, 1997 by Leroy Abbott, II, as a General Partner of Abbott Enterprises, a Hawaii Limited Partnership, WITNESS my hand and official seal. My commission expires: ~~ .~,-,1 199 / N tary Publi +•~ eeale.,.t~u.a-abbw, RANe~N efotr Iry Hpr t7.1S`99 _2_ ST / ~t ' "^~~r^'" ~~~~ ~ ~ i ~ .r,~ ~' _ - ~~- - - -- ~ ~. -- . ~/, f ~~ ; :,,;• ,, ,, , _ , ~; ~~.~ ., -_.. ,- d ~~ ~ ~ - , ' ,+ _ ., .D -((-iv =__- ~ t-~°~ ~~~ '_c --=- Al / - -ti .` ,. g ; ~ ~. ~ / ,, „_ ~ o o '~ =--_ ---_- ,o .. ,, - ~ a ~~~ ~ o ~ ~_m~r m _ ~ ~ ~' ~~ '~ -=- ^r o ~~ - 2 - F ~ ~ ;~~ mo'd' /~ w- o' ni '' ~ O~ ~~ ~~~ - N~s~ ~ t ~ fl ~ ~ - = ..' }~ `\ o ;` ti ~ ', - i - ---- ` __ / JJ i - - s7' - ~ f/ ' ~! _ .o== ~ ~? ~d ~, ; -t ~~, ~ ~ _ -_ I ~ ~ ~ -,.~,,,. N CD O ~ r , t -~ ~ ~ _^ v r k;~ ~. _.. ~ ~ o a m -~ ~ ~ ~ _ m .. ~ ~ o ~'e 2 °' ~ <' Q t' °___ N N Q d C !p W C.a J ~~ 00 ~ S~ ~ fD r _ ` ti ~ ~ ~ ~D ~ -y cwn ~ ~z _~SSPRUCE:S--s-'~`"_'~ ,_ -- -- - -=-n;,° ~ 3 ~ m ~ ..~ ,}~ ~ ~ po i'.- 'D ~ ~ N ~ n ~ ~ ~ ~ Y~1d~y -~ni ~ o s e~"' !~~} t x ~ ~ Y:'!~ . 'As'`~ "Gx.se ~ ~~,,~x. Its d t zs& t ~ Q4_ ~~ ~!' Y ~ ,~ ~' 0~~. y l; ~ z 'O~ e ..'a~~x p'~"a _ L~ #4 ~ }. .~ a~~~ ~ _ ~ ~K' ?„vas +i ,r ; -s{~~~ ~y. ~-~* .r.~. ;~ ~ . .,` El ~mrpf _~'.~6~; 7, tr ~d+f+?~~ } ~ gdlll~S -~".~^t'~I'.^~-. ~rJ F ~ry P~M ~T;~ #pi5, ~`y `~vt'F Yygtr V ~~ ,' %} mil" U~~ ~., ty~,~~ k` ~ ~ s;~; i . ~ ~~ ~s n p ~w ,,;;~ n'~~r x. ` ~~; ~Q ~ t ;' 43 ~ '~ . ~ ,per +. ~ "'.~`~ ~ ~ ~ _ ~ ~,•~, r~ ~ _ w ~,; ~ ~ r v'=`~ ~, 'y+~, ~, ~ test, , ;~ ~ ~ F x Y ~ ''R :, ,~ ;a 3 r' ~$ s ,Yr i. ~~ ay ~~ ~ ~ ,~~i°y3, 'ate- ~ ~ 'fir 1 ;~ ,ry ~~ , ~ i ;.} ,} ± ~p1 6 3~ 6 _ ,.' n ,.k' ~ i . ~N Nr ~ 't y t ~ 1 ~ I',~ t! Y 1 !' ® ':.:x~~~. t ~~4 ~': b C ~ f ~r ~r ~~~ j p~~ yy ~~ . y ~. ~ -'d. ~.~'~~~~"' ~~;'~.rs ~r.~'7w!;t€~~~,: .~JY C, Y.Pryr ~Y r'• ~,r~'t .t t _wv ., ,mss ~r ^,~ ~' „~ n• - ~ ~ ~' 1 I ...r ~,' ' ~- ,~ ~ ^rt,-rr ~ e ~^taR°;~ ~ ~~}a ~/ ,r +,~, ~iT~ ~r ~.: ~y '~ 7,~ in o ~ f as `~,', ~; ~ ~ ae~.~ f 5 ~~~ ,# ~. w ,~ r ; ~ ,~ r r m m ~- ~ f r g - d ~,R. ^2 ,n ~$. d`i n ~'§+" .sd;. Z ',~ > O ~ m W n' ~ ~. '' , I <p ,,y~t~ ~Crtryf 4°„~~~'-~~ 2y, , ° `,' A".'. ~'_ •"a'g? b 4 °' r t ~ ~' y ~~ s '" ~ ~ ~ ~ ~ ~ 1 i ~ _ ~ ~' yq. ; ~~x, ~ ~ F~.~ ~ n~ ~ w ~',~. ~. 'y,~ ~r ~' o p ~ co 0 0 ~ o p 7 4~... ~~.- Yv ~ ~ °~ ~.kt 4 G~~'t.. y ~+ ~r.' Y ~ d~~' . ~~ ,~ .~.. J ? Vii ~ A C~ N p. (gyp ~ ~~rr 3#s'~ y~ ,. ~- x - '°~~'i~ ~'k" s~ 4 ,+r `` ~. ~ ° ~ 4s z~'~.. + n~ ~p p_ ~ p ~ cn m 'fix ~ •, t~ ~ ~ ~ ~ ~ w 0 "~ i ~~ ~. ~ Y 7 N O o LZ r ~ ~ ~ t~s= ~ *~ ~G ~.~ ` `"'~f~t~ a s~ F 3 ~Ip . ~-' ~ ~ ~ •~'' G_~ a 3 ~ ~ y u°, m 0 w~ -a. P . ~~:. ~ r .~r, a ` ~ `' x m , tai . a~:, i ~ +- ~'a o x~,§,. PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and Lisa Ann Mesdag, Christina Carson Rubey Trust, (hereinafter APPLICANT) AGREE AS FOLLOWS: Robert Neal Rubey Trust, Marian Rubey Mitchell Tru 1. APPLICANT has submitted to COUNTY an application for low line adjustment and minor plat amendment (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 022-2006 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ 924.00 which is based on ~ hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY Cindy Houben Community Development Director APPLICANT Anne Marie McDhee, attorney For applicants Pr~ a me %~' ~~~~~ ~ ` ~ignature ~l~ ,- Date: April 24, 2007 Mailing Address: Oates, 533 F. Hopkins, Third Aspen, Colorado 81611 Knezevich, C,ardenswartz & Key Floor Effective 7/26/06 G:county\admin\forms\agreement to pay Apr-09-2007 02:03pm From-RED MOUNTAIN CAPITAL PARTNERS +3104320203 T-484 P.002/002 F-T70 Apri19, 2007 Mr. Ezra Louthis, Planner Pitkin County Community Development I30 South Craleaa Street Aspen, C4 81.b1) lie; Rubey/1Kesdag Lot Line Adjast+rrent Dear Mr. Louthis, The purpose of this letter is to authorize the ]avv firm of flares, Knezevich, Gardenswartz & Kelly, P.C., t© represent me in the matter of a iot line adjustment regarding my property at 412 Red Mountain. Road and any related land use matters. Thank you for your cooperation in this. matter. Please let me lmovv ifyou need anything further. _` 'V'ery truly yours, `L~sa Mesdag ~/ ooool~ April 23, 2007 Mr. Ezra Louthis, Planner Pitkin County Community Development 130 South Galena Street Aspen, CO 81611 Re: Rubey/Mesdag Lot Line Adjustment Dear Ezra: The purpose of this letter is to confirm the law firm of Oates, Knezevich, Gardenswartz & Kelly, P.C., is authorized to file and process the attached application for lot line adjustment on behalf of the Rubey Family Trusts for the Rubey property located at 300 Red Mountain Road. A copy of the Power of Attorney granting me the authority to act on behalf of the Rubey Family Trusts for land use matters in attached. Thank you for your cooperation in this matter. Please let me know if you need anything further. Best Regards, KLEIN, COTE & EDWARDS, P.C. ~~~ Jo p~~ Edwards 1 ~- \\FrontdeskUTK\Clients\1VlesdaglEdwards LTR to Louthis.doc ~O~UZV F .m ,, ,. LIMITED POWER OF ATTORNEY BE IT KNOWN, that I, Deneise M. Saenz, as Vice President of Encore Trust Company, N.A., as successor in interest to Southwest Guaranty Trust Company a/k/a Nation Fiduciary Services, N.A., as co- trustee of, and for the benefit of, the THE CHRISTINA CARSON RUBEY TRUST, THE ROBERT NEAL RUBEY TRUST, and THE MARIAN RUBEY MITCHELL TRUST, hereby appoint Joseph E. Edwards, III, of Klein, Cott & Edwards, LLC, 201 North Mill Street, Ste., 203, Aspen, Colorado 81611, my true and lawful attorney-in-fact, with full power of substitution, hereby granting hirn full power and authority to act forme and in my stead, to do the following: Execute and deliver for recording the following documents, all of which are related to the property known as the Rubey Subdivision, according to the Plat thereof recorded in Plat Book 5 at Page 41, of the Pitkin County, Colorado records: Any and all documents related to the approval by Pitkin County, Colorado of 1041 Hazard Review and Minor Plat Amendments, by virtue of Administrative Decision No. 34-2006, and extended vested rights by virtue of Resolution No. 125-2006. This shall include execution and delivery of all documents reasonably necessary to fulfill all obligations or requirements under such Administrative Decision and Resolution, including but not be limited to, 1041 Hazard Review and Amended Plats, documents related to acquiring and delivering five Transferable Development Rights ("TDRs") to Pitkin County, donation of $250,000.00 to Pitkin County Open Space and Trails for improvements to the Hunter Creek Trail, a Conservation Easement and a Vested Rights Agreement with Pitkin County. 2. Any and all documents related to the sale of the "Barn Parcel" portion of Lot 5, Rubey Subdivision to Lisa Ann Mesdag, pursuant to the Contract dated December 8, 2006 (the "Contract"). This shall include, but not be limited to, Amendments or Extensions of the Contract {including Assignment of TDRs) for a payment ofEarnest Money to be made by Mesdag against the purchase price which shall be used solely for the purchase of TDRs, covenants to be entered pursuant to the Contract, and all closing documents including a General Warranty Deed. Further, such authority shall include the power to receive the proceeds from the sales price thereof and to pay any closing costs. The net proceeds ofthe sales price shall be distributed by my attorney in accordance with the Agreement Concerning Distribution of Proceeds of even date herewith. 3. Any and all documents related to the purchase and transfer to Pitkin County of up to five TDRs, including purchase of three TDRs from Constance Harvey and purchase of two TDRs from the Kempner family. This shall include, but not be limited ta, entering contracts for the purchase of TDRs, Amendments or Extensions of contracts for the purchase of TDRs, and all normal and customary closing documents associated with the purchase of TDRs. This shall include authority to deliver to the sellers of the TDRs the purchase price of the TDRs. 4. Any and all instruments which in his judgment are necessary, convenient, or expedient in the execution of the powers hereby granted, as fully as I might do ifpersonally present This Power of Attorney shall remain in full force and effect until April 18, 2008. Any person may deal with my attorney-in-fact, or aduly-appointed substitute or substitutes, in full reliance that this Power of Attorney has not been revoked, upon the submission of a written statement to that effect by my Limited Power of Attorney Page 1 000021 S~ t attorney-in-fact accompanied by a signed counterpart hereof or by a facsimile of a signed counterpart hereof. This Power of Attorney shall be construed, administered and governed in accordance with the law ofthe State of Colorado without regard to principles ofconflicts of laws. Copies of any documents to be executed by my attorney-in-fact shalt be provided to me at Least 48 hours prior to execution. IN WITNESS WHEREOF, I have hereunto set my hand this April ~g07. STATE OF TEXAS ) ss. COUNTY OF HARRIS ) ~ ''~ f ~~-~ U Deneise M. Saenz, as 'ce President encore Trust Company, N.A., as successor in interest to Southwest Guaranty Trust Company a/k/a National Fiduciary Services, N.A., as co-trustee of, and for the benefit of, the THE CHRISTINA CARSON RUBEY TRUST, THE ROBERT NEAL RUBEY TRUST, and THE MARIAN RUBEY MITCHELL TRUST Subscribed, sworn to and acknowledged before me April 1~~2007, by Deneise M. Saenz, as Vice President of Encore Trust Company, N.A., as successor in interest to Southwest Guaranty Trust Company a/ka National Fiduciary Services, NA, as co-trustee of, and for the benefit of, the THE CHRISTINA CARSON RUBEY TRUST, THE ROBERT NEAL RUBEY TRUST, and THE MARIAN RUBEY MITCHELL TRUST. Witness my hand and official seal. My commission expires: ~ ~ J2.~ U R ~* ' ~4~a MA7RA RAMOS s.: ~v a+bac, Stote a rexos ';,'' Eir My Conmtss(on Eames ~+°{i ~`" MIXC11 12, 2(109 ~~~~~ ~~ Notary Publ~ Limited Power ofElttorney Page 2 OOOU2~ c ~ ~' Y LIMITED POWER OF ATTORNEY BE IT KNOWN, that I, Marian Lyeth Davis, as co-trustee of, and for the benefit of, the THE CHRISTINA CARSON RUBEY TRUST, THE ROBERT NEAL RUBEY TRUST, and THE MARIAN RUBEY MITCHELL TRUST, hereby appoint Joseph E. Edwards, III, of Klein, Cote & Edwards, LLC, 201 North Mill Street, Ste., 203, Aspen, Colorado 81611, my true and lawful attorney-in-fact, with full power of substitution, hereby granting him full power and authority to act forme and in my stead, to do the following: Execute and deliver for recording the following documents, all of which are related to the property known as the Rubey Subdivision, according to the Plat thereofrecorded in Plat Book 5 at Page 41, ofthe Pitkin County, Colorado records: Any and all documents related to the approval by Pitkin County, Colorado of 1041 Hazard Review and Minor Plat Amendments, by virtue of Administrative Decision No. 34-2006, and extended vested rights by virtue of Resolution No. 125-2006. This shall include execution and delivery of all documents reasonably necessary to fulfill all obligations or requirements under such Administrative Decision and Resolution, including but not be limited to, 1041 Hazard Review and Amended Plats, documents related to acquiring and delivering five Transferable Development Rights ("TDRs") to Pitkin County, donation of $250,000.00 to Pitkin County Open Space and Trails for improvements to the Hunter Creek Trail, a Conservation Easement and a Vested Rights Agreement with Pitkin County. 2. Any and all documents related to the sale of the "Barn Parcel" portion of Lot 5, Rubey Subdivision to Lisa Ann Mesdag, pursuant to the Contract dated December 8, 2006 (the "Contract"). This shall include, but not be limited to, Amendments or Extensions ofthe Contract (including Assignment of TDRs) for a payment of Earnest Money to be made by Mesdag against the purchase price which shall be used solely for the purchase of TDRs, covenants to be entered pursuant to the Contract, and all closing documents including a General Warranty Deed. Further, such authority shall include the power to receive the proceeds from the sales price thereof and to pay any closing costs. The net proceeds of the sales price shall be distributed by my attorney in accordance with the Agreement Concerning Distribution of Proceeds of even date herewith. Any and all documents related to the purchase and transfer to Pitkin County of up to five TDRs, including purchase of three TDRs from Constance Harvey and purchase of two TDRs from the Kempner family. This shall include, but not be limited to, entering contracts for the purchase of TDRs, Amendments or Extensions of contracts for the purchase of TDRs, and all normal and customary closing documents associated with the purchase of TDRs. This shall include authority to deliver to the sellers of the TDRs the purchase price of the TDRs. 4. Any and all instruments which in his judgment are necessary, convenient, or expedient in the execution of the powers hereby granted, as fully as I might do if personally present This Power of Attorney shall not be affected by my disability or incapacity, but shall remain in full force and effect from time to time and at all times until the earlier of April 18, 2008, or my death or until expressly revoked in writing and then until my attorney-in-fact shall be notified of my death or, in writing, of such revocation. Any person may deal with my attorney-in-fact, or aduly-appointed substitute or substitutes, in Limited Power of Attorney Page 1 OOOU~ Y. \, tr full reliance that this Power of Attorney has not been revoked, upon the submission of a written statement to that effect by my attorney-in-fact accompanied by a signed counterpart hereof or by a facsimile of a signed counterpart hereof. This Power of Attorney shall be construed, administered and governed in accordance with the law of the State of Colorado without regard to principles of conflicts of laws. In every event, copies of all documents to be executed shall be provided to my attorney, Gene Burk, of Burk & Burk, at least 48 hours in advance of execution by my attorney in fact. IN WITNESS WHEREOF, I have hereunto set my hand this April ~, 2007. Marian Lyeth Davis, ~s co-trustee of, and for the benefit of, the THE CHRISTINA CARSON RUBEY TRUST, THE ROBERT NEAL RUBEY TRUST, and THE MARIAN RUBEY MITCHELL TRUST STATE OF COLORADO ) ss. COUNTY OF PITKIN ) Subscribed, sworn to and acknowledged before me April 007, by Marian Lyeth Davis, as co- trustee of, and for the benefit of, the THE CHRISTINA CARSON RUBEY TRUST, THE ROBERT NEAL RUBEY TRUST, and THE MARIAN RUBEY MITCHELL TRUST. Witness my My Limited Power of AttoYney Page 2 ~~i ~ c. ~; PUBL1~-.j ''~i~~0~ CQ1. Notary Public ~~~irm~ant My Commis~.~ ooou2~ ~~r.~ LIMITED POWER OF ATTORNEY BE IT KNOWN, that I, Robert Bonner Rubey, hereby appoint Joseph E. Edwards, III, of Klein, Cote & Edwards, LLC, 201 North Mill Street, Ste., 203, Aspen, Colorado 81611, my true and lawful attorney-in-fact, with full power of substitution, hereby granting him full power and authority to act for me and in my stead, to do the following: Execute and deliver for recording the following documents, all of which are related to the property known as the Rubey Subdivision, according to the Plat thereof recorded in Plat Book 5 at Page 41, of the Pitkin County, Colorado records: Any and all documents related to the approval by Pitkin County, Colorado of 1041 Hazard Review and Minor Plat Amendments, by virtue of Administrative Decisions No. 33-2006, 34- 2006 & 01-2007, and extended vested rights by virtue of Resolution No. 125-2006. This shall include execution and delivery of all documents reasonably necessary to fulfill all obligations or requirements under such Administrative Decision and Resolution, including but not be limited to, 1041 Hazard Review and Amended Plats, documents related to acquiring and delivering five Transferable Development Rights ("TDRs") to Pitkin County, donation of $250,000.00 to Pitkin County Open Space and Trails for improvements to the Hunter Creek Trail, a Conservation Easement and a Vested Rights Agreement with Pitkin County. 2. ~ Any and all documents related to the sale of the "Barn Parcel" portion of Lot 5, Rubey Subdivision to Lisa Ann Mesdag, pursuant to the Contract dated December 8, 2006 (the "Contract"). This shall include, but not be limited to, Amendments or Extensions of the Contract (including Assignment of TDRs) for a payment of Earnest Money to be made by Mesdag against the purchase price which shall be used solely for the purchase of TDRs, covenants to be entered pursuant to the Contract, and all closing documents including a General Warranty Deed. Further, such authority shall include the power to receive the proceeds from the sales price thereof and to pay any closing costs. The net proceeds of the sales price shall be distributed by my attorney in accordance with the Agreement Concerning Distribution of Proceeds of even date herewith. 3. Any and all documents related to the purchase and transfer to Pitkin County of up to five TDRs, including purchase of three TDRs from Constance Harvey and purchase of two TDRs from the Kempner family. This shall include, but not be limited to, entering contracts for the purchase of TDRs, Amendments or Extensions of contracts for the purchase of TDRs, and all normal and customary closing documents associated with the purchase of TDRs. This shall include authority to deliver to the sellers of the TDRs the purchase price of the TDRs. 4. Any and all instruments which in his judgment are necessary, convenient, or expedient in the execution of the powers hereby granted, as fully as I might do if personally present This Power of Attorney shall not be affected by my disability or incapacity, but shall remain in full force and effect from time to time and at all times until my death or until expressly revoked in writing and then until my attorney-in-fact shall be notified ofmy death or, in writing, of such revocation. Any person may deal with my attorney-in-fact, or aduly-appointed substitute or substitutes, in full reliance that this Power of Attorney has not been revoked, upon the submission of a written statement to that effect by my attorney-in-fact accompanied by a signed counterpart hereof or by a facsimile of a signed counterpart hereof. Limited Power of Attorney Page 1 00002 This Power of Attorney shall be construed, administered and governed in accordance with the law of the State of Colorado without regard to principles of conflicts of laws. IN WITNESS WHEREOF, I have hereunto set my hand this April zo, 2007. Robert Bonner Rubey STATE OF TEXAS ) ss. COUNTY OF HARRIS ) Subscribed, sworn to and acknowledged before me Apri1~3 t~2007, by Robert Bonner Rubey. Witness my hand and official seal. My commission expires: ~ - ah - O$ ,~oti~,RY t~44 -~--.~ e s~y;"`- Not JULIE ETCHER ~ f y s ~ ry Public, State of Texas ~,,",~~~faF`Ey,~~` Y Commission Ex Tres ~~~~~~~~" Augusf 27, 2008 t~-J~~. o a~` Public Lirnited Power of Attorney Page 2 00002 ,,-~-~ LIMITED POWER OF ATTORNEY BE IT KNOWN, that I, by Karen Elizabeth Rubey Bering, hereby appoint Joseph E. Edwards, III, of Klein, Cote & Edwards, LLC, 201 North Mill Street, Ste., 203, Aspen, Colorado 81611, my true and lawful attorney-in-fact, with full power of substitution, hereby granting him full power and authority to act forme and in my stead, to do the following: Execute and deliver for recording the following documents, all of which are related to the property known as the Rubey Subdivision, according to the Plat thereof recorded in Plat Book 5 at Page 41, of the Pitkin County, Colorado records: 1. Any and all documents related to the approval by Pitkin County, Colorado of 1041 Hazard Review and Minor Plat Amendments by virtue of Administrative Decisions No. 33-2006, 34- 2006 & 01-2007, and extended vested rights by virtue of Resolution No. 125-2006. This shall include execution and delivery of all documents reasonably necessary to fulfill all obligations or requirements-under such Administrative Decision and Resolution, including but not be limited to, 1041 Hazard Review and Amended Plats, documents related to acquiring and delivering five Transferable Development Rights ("TDRs") to Pitkin County, donation of $250,000.00 to Pitkin County Open Space and Trails for improvements to the Hunter Creek Trail, a Conservation Easement and a Vested Rights Agreement with Pitkin County. Any and all documents related to the sale of the "Barn Parcel" portion of Lot 5, Rubey Subdivision to Lisa Ann Mesdag, pursuant to the Contract dated December 8, 2006 (the "Contract"). This shall include, but not be limited to, Amendments or Extensions of the Contract (including Assignment of TDRs) for a payment of Earnest Money to be made by Mesdag against the purchase price which shall be used solely for the purchase of TDRs, covenants to be entered pursuant to the Contract, and all closing documents including a General Warranty Deed. Further, such authority shall include the power to receive the proceeds from the sales price thereof and to pay any closing costs. The net proceeds of the sales price shall be distributed by my attorney in accordance with the Agreement Concerning Distribution of Proceeds of even date herewith. Any and all documents related to the purchase and transfer to Pitkin County of up to five TDRs, including purchase of three TDRs from Constance Harvey and purchase of two TDRs from the Kempner family. This shall include, but not be limited to, entering contracts for the purchase of TDRs, Amendments or Extensions of contracts for the purchase of TDRs, and all normal and customary closing documents associated with the purchase of TDRs. This shall include authority to deliver to the sellers of the TDRs the purchase price of the TDRs. 4. Any and all instruments which in his judgment are necessary, convenient, or expedient in the execution of the powers hereby granted, as fully as I might do if personally present This Power of Attorney shall not be affected by my disability or incapacity, but shall remain in full force and effect from time to time and at all times until my death or until expressly revoked in writing and then until my attorney-in-fact shall be notified of my death or, in writing, of such revocation. Any person may deal with my attorney-in-fact, or aduly-appointed substitute or substitutes, in full reliance that this Power of Attorney has not been revoked, upon the submission of a written statement to that effect by my attorney-in-fact accompanied by a signed counterpart hereof or by a facsimile of a signed counterpart hereof. Limited Power of Attorney Page 1 ®UIJU~tu f *~,.--» This Power of Attorney shall be construed, administered and governed in accordance with the law of the State of Colorado without regard to principles of conflicts of laws. IN WITNESS WHEREOF, I have hereunto set my hand this April ~ 0 : , 2007. Karen Elizabeth Rubey Being STATE OF TEXAS ) ss. COUNTY OF HARRIS ) Subscribed; sworn to and acknowledged before me Aprilt ~ 007, by Karen, Elizabeth Rubey Bering. Witness my hand and official seal. My commission expires: ~IgYPV6 JANICE M. JOZWIAK ~l S 2~`~ NOTARY PUBLiC, STATE OF TEXAS ~~~ MY COMMISSIONEXPiRES '~aF JUlY 17, 2010 C / . Y. I/ / /. /. l /!. / 1. / 1 . Y Jll /l / J. r l Limited Power of.4ttorney Page 2 ~~cP~/~ ~ y1~ . ~ 'mow ~ ~~ ota~ Public v v 00002€~ w .'~..~, LIMITED POWER OF ATTORNEY BE IT KNOWN, that I, by Catherine Bonner Rubey McMurtry, hereby appoint Joseph E. Edwards, III, of Klein, Cote & Edwards, LLC, 201 North Mill Street, Ste., 203, Aspen, Colorado 81611, my true and lawful attorney-in-fact, with full power of substitution, hereby granting him full power and authority to act for me and in my stead, to do the following: Execute and deliver for recording the following documents, all of which are related to the property known as the Rubey Subdivision, according to the Plat thereof recorded in Plat Book 5 at Page 41, of the Pitkin County, Colorado records: Any and all documents related to the approval by Pitkin County, Colorado of 1041 Hazard Review and Minor Plat Amendments by virtue of Administrative Decisions No. 33-2006, 34- 2006 & 01-2007, and extended vested rights by virtue of Resolution No. 125-2006. This shall include execution and delivery of all documents reasonably necessary to fulfill all obligations or requirements under such Administrative Decision and Resolution, including but not be limited to, 1041 Hazard Review and Amended Plats, documents related to acquiring and delivering five Transferable Development Rights ("TDRs") to Pitkin County, donation of $250,000.00 to Pitkin County Open Space and Trails for improvements to the Hunter Creek Trail, a Conservation Easement and a Vested Rights Agreement with Pitkin County. 2. Any and all documents related to the sale of the "Barn Parcel" portion of Lot 5, Rubey Subdivision to Lisa Ann Mesdag, pursuant to the Contract dated December 8, 2006 (the "Contract"). This shall include, but not be limited to, Amendments or Extensions of the Contract (including Assignment of TDRs) for a payment of Earnest Money to be made by Mesdag against the purchase price which shall be used solely for the purchase of TDRs, covenants to be entered pursuant to the Contract, and all closing documents including a General Warranty Deed. Further, such authority shall include the power to receive the proceeds from the sales price thereof and to pay any closing costs. The net proceeds of the sales price shall be distributed by my attorney in accordance with the Agreement Concerning Distribution of Proceeds of even date herewith. 3. Any and all documents related to the purchase and transfer to Pitkin County of up to five TDRs, including purchase of three TDRs from Constance Harvey and purchase of two TDRs from the Kempner family. This shall include, but not be limited to, entering contracts for the purchase of TDRs, Amendments or Extensions of contracts for the purchase of TDRs, and all normal and customary closing documents associated with the purchase of TDRs. This shall include authority to deliver to the sellers of the TDRs the purchase price of the TDRs. 4. Any and all instruments which in his judgment are necessary, convenient, or expedient in the execution of the powers hereby granted, as fully as I might do if personally present This Power of Attorney shall not be affected by my disability or incapacity, but shall remain in full force and effect from time to time and at all times until my death or until expressly revoked in writing and then until my attorney-in-fact shall be notified of my death or, in writing, of such revocation. Any person may deal with my attorney-in-fact, or aduly-appointed substitute or substitutes, in full reliance that this Power of Attorney has not been revoked, upon the submission of a written statement to that effect by my attorney-in-fact accompanied by a signed counterpart hereof or by a facsimile of a signed counterpart hereof. Limited Power of Attorney Page 1 0000~~' _y ~~+».. This Power of Attorney shall be construed, administered and governed in accordance with the law of the State of Colorado without regard to principles of conflicts of laws. IN WITNESS WHEREOF, I have hereunto set my hand this April `~, 2007. ~~ Catherine Bonner Rubey McMurtry STATE OF TEXAS ) ss. COUNTY OF HARRIS ) Subscribed, sworn to and acknowledged before me April ~ ~ 2007, by Catherine Bonner Rubey McMurtry. Witness my hand and official seal. My commission expires: No a~Public p~~Yp4B<,. JANtCE M. JOZWIAK gT 1 * * NOTARY PU6LIC, STATE OF TEXAS l~ tll y~~~ MY COMMISSION EXPIRES c' JULY 97, 2090 S Limited Power of Attorney Page 2 OUOU3G ~ ~ PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY PROJECT: Rubey Trust/Mesdag Subdivision Exemption fora Lot Line Adjustment and Minor Plat Amendment LOCATION: Lot 5, Rubey Subdivision PIDs# 273707203005 (Rubey) & 27370720024 (Medag) OWNERS: Rubey Trust/Mesdag REPRESENTATIVE: John Kelly PHONE: 920-1700 DATE: January 26, 2007 PLANNER: Ezra Louthis, 920-5092 Type of Application: Subdivision Exemption for a Lot Line Adjustment and Minor Plat Amendment. Description of ProjectlDevelopment: The Applicant wishes to transfer a portion of land to the Mesdag parcel. Land Use Code Sections to be addressed in letter of reauest (application): Sec. 2-30-20(g)4: Lot Line Adjustment; Sec. 2-30-20(5): Minor Plat Amendment; Staff will refer the application to the following agencies: Zoning Review by: Community Development Director Public Hearing: No. FEES: $924 (make check payable to "Pitkin County Treasurer") ^ Planning Office flat fee: $924 (non-refundable; based on 4 hours of staff time; if staff review time exceeds 4.8 hours, the Applicant will be charged for additional time above 4 hours at a rate of $231/hour) To apply, submit 1 copy of the following information, unless noted otherwise: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above; 2. 24" by 36" Subdivision Exemption Plat as designated in Section 2.1.13 of the Pitkin County Land Use Application Manual; 3. Proof of ownership of subject properties; 4. Parcel descriptions, including legal description and vicinity map; 5. Total fee for review of the application; 6. Signed fee agreement (1 copy); 7. Consent from owner(s) to process application and authorizing the representative, if applicable (1 copy); 8. Copy of this preapp form (1 copy) NOTES: - PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL !Ds SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED 1N YOUR APPLICATION. - ALL MAPS SHALL BE FOLDED. - This pre-application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staff's interpretations oooo3i ~ ,y,~ +," r, .. based upon representations of the applicant. Additional information maybe required upon a complete review of the application. 0004)3: PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena. Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 May 15, 2007 Ann Marie McPhee 533 East Hopkins Ave. 3`a Floor Aspen, CO 81611 Re: Rubey Trust/Mesdag Subdivision Exemption for a Lot Line Adjustment & Minor Plant Amendment (CASE P057-07; PID 2737-072-03-024 & 2737-072-00-024) Dear Mr. Martin: The Planning Office has completed its preliminary review of the captioned application. We have- determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in-order to adequately review and process the application. The planner in charge of the review will request the information from you directly. If you have any questions, please call Ezra Louthis, the planner assigned to your case, at 920-5092. Sincerely, Bonnie Waechtler Administrative Assistant PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: Pitkin County Zoning Officer FROM: Ezra Louthis, Community Development Department Re: Rubey Trust/Mesdag Subdivision Exemption for a Lot Line Adjustment & Minor Plant Amendment (PID 2737-072-03-024 & 2737-072-00-024; Case P057-07) DATE: May 15, 2007 Attached for your review and comments are materials for an application submitted by Rubey Trust and Mesdag: The Pitkin County Community Development Director will review the application. Please return. your comments to me by Friday, June 8, 2007. httn://www.aspenaitkin.com/pdfs/depts/7/P057 07 app.pdf Thank you. ~~ l' COMMUNITY DEVELOPMENT DEP ~ i 130 South Galena Street AR~i SENT ;~ Aspen, Colorado 8161:1 {970) 920-5526 Pitkn County Land Use: 172 Board of Adjustment 159 County Land Use Code 174 Flat. Fee '~ ~ ~ a 162 Zoning and Sign. 169 Public Notice+ 160 Plannin t g Enforcement ' 175 Hearing Officer <; Referral Fees: _ !~ 210 Airport LUC01 County Clerk ,' 211 County Engineer ~ f 194 Environmental Health 208 Historic j 198 Housing i 190 Land Management 209 Redstone HPC 206 Wildlife Qfficer Building Fees: ~ 170 Board of Appeals ~' .105 Building. Permit 120 Electrical Permit ,~ 195 Energy Code Review 115 Mechanical. Permit ' 150 Plan Check - ~ 110 Plumbing Peru ~ { ~ ~~ 130 Reinspection ---- f 1:52 AVFD Fire Marshal ~ 158 BFD Fire Marshal - <i j Other Fees: I e 155 Use Tax 165 Copy PZ005 Master P lan Copy 185 Park Dedication ~~ ~ IS GIS .Requirements ~ ~ ~ ~ 161 Housing Impact Fee B 1202 Road Impact Fee B 1203 School Impact. Fee ~~ TOTAL ,.. ~ ..~ ~: ~~ NAME ~~ .. _ ~-. 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