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090528 ROD to Amd 1980 Plat & remove Esm't - Final SIGNED.pdfr"'" .• !t.~i >r7l l> I SNOWMASS Planning Department Record of Decision Administrative Modification Lot 1, Parcel 6, Filing No. 1 of The Snowmass Club Subdivision Snowmass Corporation, a Colorado Corporation ("Owner''), has applied for an amendment of a final plat pursuant to Section 16A-5-450(1)(a) of the Snowmass Village Municipal Code ("Municipal Code). Administrative plat amendments are processed, pursuant to Section 16A-5-250, Administrative Modifications, of the Municipal Code. The application concerns a "NON EXCLUSIVE ACCESS AND PARKING EASEMENT' ("Easement") within Lot 1, Parcel 6, Filing No. 1 of The Snowmass Club Subdivision ("Lot 1 ") according to the Plat filed April 23, 1980 in Plat Book 9 at Page 46 in the records of the Pitkin County, Colorado, Clerk and Recorder. Specifically, the request is to amend the 1980 Plat to remove the Easement within that portion of Lot 1 described and illustrated on Exhibit "A", attached and incorporated herein by reference ("Subject Parcel"). Further description of the application is hereby attached as Exhibit "B", incorporated herein by reference. In accordance with the provisions of Section 16A-5-250 of the Municipal Code, the Town Planning Director is given the authority to grant approval for said modification. After evaluation, the Town Planning Director has found the request to be consistent with the applicable review standards set forth in the Municipal Code. Specifically, it was found that: 1. The westerly portion of Lot 1 not part of the Subject Parcel is owned by the Anderson Ranch Arts Foundation and was platted as Lot 4, Anderson Ranch Arts Center Subdivision ("Lot 4:") according to the Plat filed September 21 , 1993 in Plat Book 32 at Page 72 in the records of the Pitkin County, Colorado, Clerk and Recorder; 2. There is no necessity to vacate the Easement within Lot 4 as it was effectively vacated by that plat; 3. The Owner has provided an access easement through the Subject Parcel for access purposes to enable Anderson Ranch Arts Foundation to access Lot 4 from Owl Creek Road, as further described in Exhibit "C'', attached hereto and incorporated herein by reference; and 4. The Snowmass Chapel has provided a letter to the Planning Department releasing and waiving any rights or expectations to utilize the parking or access within the Subject Area as part of the Parking Management Plan submitted with their Final PUD Amendment Application. The application has been amended to remove it's use for potential overflow parking. This modification, permitting the removal of the platted "Non Exclusive Access and Parking Easement" within the Subject Parcel, is hereby granted on the <Zf>T"!:day of JAay, 2009 subject to the recording of this document. at the Applicant's expense, in the Real Estat/.i}~ <i'cf.'{ r~?,~theC1;rk and Recorder of Pitkin County, Colorado. ~{. ~ Chris C. Conrad, Planning Director P:\user\cconrad\MS Word Docs\Administrative Modifications\Plat Amend Smass Corp\ROD Lot 1 Parcel 6 Filing 1 Smass Club Subdivision Plat Amend.doc Exhibit "A" Administrative Modification Record of Decision Lot 1, Parcel 6, Filing No. 1 of The Snowmass Club Subdivit=il"ln Our Order No: Q62002209-2 LEGAL DESCRIPTION LOT 1, PARCEL 6, FILING NO. 1, SNOWMASS CLUB SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 23, 1980 IN PLAT BOOK 9 AT PAGE 46. LESS AND EXCEPT THAT PART DESCRIBED AS FOLLOWS: A PARCEL of LAND SITUATE WITHIN SECTION 1, TOWNSHIP 10 SOUTH, RANGE 86 WEST OF THE 6TH PRINCIPAL MERIDIAN, PITKIN COUNTY COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE WITNESS CORNER TO THE SOUTHWEST CORNER OF SECTION 31, TOWNSHIP 9 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN BEARS N. 18 DEGREES 12 MINUTES 07 SECONDS E. A DISTANCE OF 1978.76 FEET, SAID POINT BEING COMMON TO LOT 1 AND 2, PARCEL 6, FILING NO. 1, THE SNOWMASS CLUB SUBDIVISION; THENCE S. 00 DEGREES 34 MINUTES 58 SECONDS E. A DISTANCE OF 45.02 FEET, TO THE NORTHERLY RIGHT-OF-WAY OF OWL CREEK ROAD; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY THE FOLLWING 4 COURSES, S. 87 DEGREES 56 MINUTES 12 SECONDS W. A DISTANCE OF 79.05 FEET TO THE POINT OF NON-TANGENT CURVATURE; THENCE ALONG THE ARC OF A NON-TANGENT CURVE BEING CONCAVE TO THE SOUTH A DISTANCE OF 88.44 FEET, SAID CURVE HAVING A CENTRAL THENCE S. 29 DEGREES 21 MINUTES 40 SECONDS W. 13.80 FEET; ANGLE OF 05 DEGREES 54 MINUTES 06 SECONDS, A RADIUS OF 858.61 FEET, THE CHORD OF WHICH BEARS N. 81 DEGREES 25 MINUTES 57 SECONDS W. A DISTANCE OF 88.40 FEET; THENCE N. 84 DEGREES 23 MINUTES 00 SECONDS W. A DISTANCE OF 55.86 FEET, TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT A DISTANCE OF 24.62 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 03DEGREES 03 MINUTES 17 SECONDS, A RADIUS OF 461.81 FEET, THE CHORD OF WHICH BEARS N. 85 DEGREES 54 MINUTES 41 SECONDS W. A DISTANCE OF 24.61 FEET; THENCE ALONG THE COMMON LINE OF LOTS 1 AND 2, PARCEL 6, FILING NO. l, THE SNOWMASS CLUB SUBDIVISION THE FOLLOWING 2 COURSES, N. 02 DEGREES 33 MINUTES 43 SECONDS E. A DISTANCE OF 25.00 FEET; THENCE N. 89 DEGREES 25 MINUTES 02 SECONDS E. A DISTANCE OF 245.00 FEET TO THE POINT OF BEGINNING. COUNTY OF PITKIN, STATE OF COLORADO PORTION OF LOT 1, PARCEL 6, FILING NO. 1, SNOWMASS CLUB SUBDIVISION ACCORDING TO THE PLAT THEREOF.RECORDED APRIL 23, 1980 IN PLAT BOOK 9 AT PAGE 46 TOWN OF SNOWMASS VILLAGE, COUNTY OF PITKIN, STATE OF COLORADO Exhibit "B" Administrative Modification Record of Decision Lot 1, Parcel 6, Filing No. 1 of The Snowmass Club Subdivision I tl~ !VI l' L~K LAW J1 IK!VI, r .L. 0AvIDJ. MYLER1 ROBYN J. MYLER123 ADMrrTI;D IN C01, NY', CT' CONNIE A. WOOD, LEGAL ASSIST ANT RHONDA. E. NEFF, LEGAL ASSISTANT Mr. Chris Conrad Planning Director Town of Snowmass Village 130 Kearns Road, Floor 2 PO Box 5110 Snowmass Village, CO 81615 A Colorado Professional Corporation 211 MIDLAND A VENUE SuITE201 BASALT, COLORADO 81621 May 7, 2009 Re: Application for Administrative Amendment to Final Plat Dear Chris, TELEPHONE (970) 927-0456 F ACSIMJLE (970) 927-0374 EMt.11..S dmyler@mylerlawpc.com rmyler@mylerlawpc.com cwood@mylerlawpc.com meff@mylerlawpc.com !]E " MAY J ·~ 200Q This application is submitted pursuant to Section 16A-5-450(1)(a) and Section 16A-5- 250(b) in order to eliminate an unnecessary and ambiguous reference to a parking easement which is on the Final Plat for Parcel 6, Filing No. 1 of the Snowmass Club Subdivision (the "1980 Plat"). The 1980 Plat was filed April 23, 1980 in Plat Book 9 at Page 46 (copies attached). The 1980 Plat created Lots 1 and 2 and contains a notation within a portion of Lot I which reads "NONEXCLUSIVE ACCESS & PARKING EASEMENT". As shown on the 1980 Plat, the area which is subject to that easement (the "Easement Area") is entirely within Lot 1 and adjacent to Lot 2. In 1981 , the westerly portion of the Easement Area was conveyed to Anderson Ranch and is now a part of Lot 2. At present, Lot 1 is owned by the Snowmass Corporation and includes the easterly portion of the Easement Area. Lot 2 is owned by Anderson Ranch and includes the westerly portion of the Easement Area. Historically, the Easement Area has been used to provide access through Lot I to Lot 2 and has provided parking for both Anderson Ranch and the Snowmass Corporation offices. By custom and practice, the parking within the Anderson Ranch parcel ("Lot 2") has been used for Anderson Ranch patrons and employees and the parking within Lot 1 adjacent to the Snowmass Corporation office building has been utilized by the tenants, employees and patrons of those offices. In order to give effect to the historic use patterns and to eliminate the uncertainty created by the ambiguous notation on the 1980 Plat, we propose that the language be replaced by a recorded amendment to the 1980 Plat to reflect that the portion of the Easement Area within Lot 2 utilized for parking shall be for the exclusive use of the owner of Lot 2 and that the portion of the Easement Area within Lot 1 utilized for parking be for the exclusive use of the owners or Mr. Chris Conrad May 7, 2009 Page2 occupants of Lot 1. In order to ensure access from Owl Creek Road to Lot 2, we propose that the amendment establish a nonexclusive access easement for the benefit of Lot 2 along a driving lane to be identified in the amendment. In support of this application, I have included the following: 1. A full size copy of a recent survey of Lot 1, together with 3 reduced copies; 2. A filing fee in the amount of $600.00; 3. 3 copies of a draft "Amendment to Subdivision Plat" intended to accomplish the above-referenced amendments to the 1980 Plat; and 4. 3 copies of a recent Title Commitment. Under the circumstances, I do not believe that a site plan or a list of adjacent property owners is necessary. As we discussed, your approval of this application will be conditioned upon receipt by the Town of a document whereby the Snowmass Chapel releases and waives any rights or expectations which it may have to utilize any of the parking spaces within the Easement Area owned by the Snowmass Corporation. I anticipate receipt of such a waiver and release shortly and will forward it to you at that time. If you have any questions or need any additional information, please do not hesitate to call. Enclosures cc: James W. Light Andrew Light Very truly yours, Exhibit "C" Administrative Modification Record of Decision Lot 1, Parcel 6, Filing No. 1 of The Snowmass Club Subdivision AMENDMENT TO SUBDIVISION PLAT The Snowmass Corporation and the Anderson Ranch Arts Foundation are the owners of the following described parcels of land within Parcel 6, Filing No. 1 of the Snowmass Club Subdivision according the Plat thereof recorded on March 17, 1980 in Book 9 at Page 46 in the Office of the Clerk and Recorder of Pitkin County, Colorado (the "1980 Plat"): Snowmass Corporation Parcel: LOT 1, PARCEL 6, FILING NO. 1, SNOWMASS CLUB SUBDIVISION, ACCORDING TO TIIB PLAT TIIEREOF RECORDED APRIL 23, 1980 IN PLAT BOOK 9 AT PAGE 46. LESS AND EXCEPT THAT PART DESCRIBED AS FOLLOWS: A PARCEL of LAND SITIJATE WITIIlN SECTION 1, TOWNSHIP 10 SOU1H, RANGE 86 WEST OF TIIB 6TII PRINCIPAL MERIDIAN, PITKIN COUNfY COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE TIIE WITNESS CORNER TO TIIB SOUTHWEST CORNER OF SECTION 31, TOWNSHIP 9 SOU1H, RANGE 85 WEST OF TIIB 6TII PRINCIPAL MERIDIAN BEARS N. 18 DEGREES 12 MINUTES 07 SECONDS E. A DISTANCE OF 1978.76 FEET, SAID POINT BEING COMMON TO LOT 1 AND 2, PARCEL 6, FILING NO. 1, TIIE SNOWMASS CLUB SUBDIVISION; TIIENCE S. 00 DEGREES 34 MINUTES 58 SECONDS E. A DISTANCE OF 45.02 FEET, TO TIIB NORTIIBRL Y RIGHT- OF-WAY OF OWL CREEK ROAD; TIIBNCE ALONG SAID NORTIIERLY RIGHT-OF-WAY TIIE FOLLOWING 4 COURSES, S. 87 DEGREES 56 MINUTES 12 SECONDS W. A DISTANCE OF 79.05 FEET TO TIIB POINT OF NON-TANGENT CURVATIJRE; TIIBNCE ALONG TIIB ARC OF A NON- TANGENT CURVE BEING CONCA VE TO TIIB SOU1H A DISTANCE OF 88.44 FEET, SAID CURVE HA YING A CENTRAL TIIBNCE S. 29 DEGREES 21 MINUTES 40 SECONDS W. 13.80 FEET; ANGLE OF 05 DEGREES 54 MINUTES 06 SECONDS, A RADIUS OF 858.61 FEET, TIIB CHORD OF WHICH BEARS N. 81 DEGREES 25 MINUTES 57 SECONDS W. A DISTANCE OF 88.40 FEET; TIIENCE N. 84 DEGREES 23 MINUTES 00 SECONDS W. A DISTANCE OF 55.86 FEET, TO A POINT OF CURVATURE; TIIBNCE ALONG TIIB ARC OF A CURVE TO THE LEFT A DISTANCE OF 24.62 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 03DEGREES 03 MINUTES 17 SECONDS, A RADIUS OF 461.81 FEET, TIIB CHORD OF WHICH BEARS N. 85 DEGREES 54 MINUTES 41 SECONDS W. A DISTANCE OF 24.61 FEET; TIIBNCE ALONG TIIB COMMON LINE OF LOTS 1 AND 2, PARCEL 6, FILING NO. 1, TIIB SNOWMASS CLUB SUBDIVISION TIIB FOLLOWING 2 COURSES, N. 02 DEGREES 33 MINUTES 43 SECONDS E. A DISTANCE OF 25.00 FEET; TIIBNCE N. 89 DEGREES 25 MINUTES 02 SECONDS E. A DISTANCE OF 245.00 FEET TO TIIB POINT OF BEGINNING. COUNfY OF PITKIN, STATE OF COLORADO Anderson Ranch Arts Foundation Parcel: LOT 2, PARCEL 6, FILING NO. 1, SNOWMASS CLUB SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 23, 1980 IN PLAT BOOK 9 AT PAGE 46. TOGETHER WI111 TIIAT PART DESCRIBED AS FOLLOWS: A PARCEL of LAND SITUATE WITHIN SECTION 1, TOWNSHIP 10 SOU111, RANGE 86 WEST OF THE 6111 PRINCIPAL MERIDIAN, PITKIN COUNTY COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE WITNESS CORNER TO THE SOUTIIWEST CORNER OF SECTION 31, TOWNSHIP 9 SOUTH, RANGE 85 WEST OF THE 6111 PRINCIPAL MERIDIAN BEARS N. 18 DEGREES 12 MINUTES 07 SECONDS E. A DISTANCE OF 1978.76 FEET, SAID POINT BEING COMMON TO LOT 1 AND 2, PARCEL 6, FILING NO. 1, THE SNOWMASS CLUB SUBDIVISION; THENCE S. 00 DEGREES 34 MINUTES 58 SECONDS E. A DISTANCE OF 45.02 FEET, TO THE NORTHERLY RIGHT- OF-WAY OF OWL CREEK ROAD; THENCE ALONG SAID NORTIIERLY RIGHT-OF-WAY TIIE FOLLOWING 4 COURSES, S. 87 DEGREES 56 MINUTES 12 SECONDS W. A DISTANCE OF 79.05 FEET TO TIIE POINT OF NON-TANGENT CURVATURE; THENCE ALONG THE ARC OF A NON- TANGENT CURVE BEING CONCAVE TO THE SOUTH A DISTANCE OF 88.44 FEET, SAID CURVE HAVING A CENTRAL TIIENCE S. 29 DEGREES 21 MINUTES 40 SECONDS W. 13.80 FEET; ANGLE OF 05 DEGREES 54 MINUTES 06 SECONDS, A RADIUS OF 858.61 FEET, THE CHORD OF WHICH BEARS N. 81 DEGREES 25 MINUTES 57 SECONDS W. A DISTANCE OF 88.40 FEET; THENCE N. 84 DEGREES 23 MINUTES 00 SECONDS W. A DISTANCE OF 55.86 FEET, TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT A DISTANCE OF 24.62 FEET, SAID CURVE HAVING A CEN1RAL ANGLE OF 03DEGREES 03 MINUTES 17 SECONDS, A RADIUS OF 461.81 FEET, THE CHORD OF WHICH BEARS N. 85 DEGREES 54 MINUTES 41 SECONDS W. A DISTANCE OF 24.61 FEET; THENCE ALONG THE COMMON LINE OF LOTS 1 AND 2, PARCEL 6, FILING NO. 1, THE SNOWMASS CLUB SUBDIVISION THE FOLLOWING 2 COURSES, N. 02 DEGREES 33 MINUTES 43 SECONDS E. A DISTANCE OF 25.00 FEET; THENCE N. 89 DEGREES 25 MINUTES 02 SECONDS E. A DISTANCE OF 245.00 FEET TO THE POINT OF BEGINNING. With the consent and approval of the Town of Snowmass Village as set forth below, Snowmass Corporation and the Anderson Ranch Arts Foundation hereby amend the 1980 Plat as follows: 1. The notation "NONEXCLUSIVE ACCESS & PARKING EASEMENT" which appears within the southern portion of Lot 1 on the 1980 Plat is hereby removed and eliminated and shall have no further force or effect. 2. Snowmass Corporation hereby grants and conveys to Anderson Ranch Arts Foundation, its successors and assigns, a nonexclusive easement for access and underground utility purposes over, under and across the driving lane which crosses the Snowmass Corporation parcel, between the parking areas to the north and south of said driving lane, along the alignment described on Exhibit A, attached hereto and incorporated herein by this reference. 2 3. Except as set forth above, the 1980 Plat shall remain in full force and effect. 4. This Amendment shall have no effect on the 30 foot easement described in the documents recorded in Book 675 at Page 114 in the Office of the Clerk and Recorder of Pitkin County, Colorado. SNOWMASS CORPORATION ANDERSON RANCH ARTS FOUNDATION STATEOFCOLORADO ) ) SS. COUNTY OF~; ..\-t,"U.-, ) The foregoing instrument was acknowledged before me this 2'2h.)day of ~'-' 2009, by JAMES W. LIGHT as President of Snowmass Corporation. ~ Witness my hand and official seal My commission expires: ---C'£t_:J 0 • ~·--· -~ .~ l...hJ~ry U IC STATE OF COLORADO coUNTY OF P1-rk1 ,J ) ) SS. ) KIM MARl:E DISALVO Notav Public state of Colorado The foregoing instrument was ac owledged before me this c)~ day of Y'A:!ti , 2009, by H lA.l\/y&(Z, CY t-jAk)J AJJ as f" 1-of the Anderson Ranch !.A.Its Foundation. Witness my hand and official seal My commission expires: ®3,201 ~ ~ otary ublic 3 TOWN OF SNOWMASS VILLAGE APPROVAL This Amendment to Subdivision Plat is approved and authorized by the Town of Snowmass Village pursuant to the Administrative Modification of Plat dated ~ 2~ ,2009. G:\Client\Snowmass Corp\Ande!'son Ranch\Amendment to Subdivision Plat 052109 clean.doc 4 P.0.B. ACCESS EASEMENT EXHIBIT LOT I, PARCEL 6, FILING l SNOWMASS CLUB SUB. SCALE: l" = 40' 10' ACCESS .,, - - -C~ EASEMENT I l -er--J..-L --~ --- -""I:'!"'" -_:::-c~-- -..:::=--~~..-!::=---~-r:--:-___ -----~ ~ -- LINE TABLE LINE BEARING LENGTH LI N 00°34'58" W 22.51 L2 N 84°52'35" E 61.91 L3 N 80°36'53" E 86.90 CURVE TABLE CURVE I RADIUS I LENGTH I TANGENT I CHORD I BEARING I DELTA Cl I 566.53' I 42.14' I 21.08' I 42.13' I N 82°44'44" E I 04°15'42" C2 I 30.91' I 30.27' I 16.48' I 29.08' I S 70°02'07" E I 56°06'44" 10.00 FOOT ACCESS EASEMENT A STRIP OF LAND SITUATED IN LOT l, PARCEL 6, FILING NO. 1 OF THE SNOWMASS CLUB SUBDMSION ACCORDING TO THE PLAT RECORDED APRIL 23, 1980INPLAT BOOK 9 AT PAGE 46, SECTION l, TOWNSHIP lO SOUTH, RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF SNOWMASS VILLAGE, COUNTY OF PITKIN, STA TE OF COLORADO, SAID STRIP LYING 5 .00 FEET ON BOTH SIDES OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT A POrNT ON TIIE WESTERLY BOUNDARY OF SAID LOT 1, WHENCE THE SOUTHWESTERLY CORNER OF SAID LOT l BEARS S00'34'58''E A DISTANCE OF 22.51 FEET, THE POINT OF BEGINNING; THENCE THE FOLLOWING FOUR (4) COURSES ALONG SAID CENTERLINE: 1. N84°52'35"E A DISTANCE OF 61.91 FEET 2. ALONG THE ARC OF A CURVE TO TIIE LEFT HAVING A RADIUS OF 566.53 FEET AND A CENTRAL ANGLE OF 04°15'42'', A DISTANCE OF 42.14 FEET (CHORD BEARS N82°44'44"E A DISTANCE OF 42.13 FEET) 3. N80°36'53"E A DISTANCE OF 86.90 FEET 4. ALONG THE ARC OF A CURVE TO THE RIGHT HA YING A RADIUS OF 30.91 FEET AND A CENTRAL ANGLE OF 56°06'44", A DISTANCE OP 30.27 FEET (CHORD BEARS S70'02'07"E A DISTANCE OF 29.08 FEET} TO A POrNT ON THE SOUTHERLY BOUNDARY OF SAID LOT l AND NORTHERLY RIGHT-OF-WAY OF OWL CREEK ROAD, THE TERMINUS, WHENCE THE SOUTHWESTERLY CORNER OF SAID LOT I BEARS S80°08'18"W A DISTANCE OF 219.54 FEET. MAYl~.2009 ASPEN SCHOOL DI.STRICT SN(JWMA..~$ VU.I...AG£, COLORADO 10' ACCES..~ EASEMENT EXHIBIT LOT I, PARCEL 6, FILING NO. l SNOWMASS CLUB SUB 1 OF l