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HomeMy WebLinkAboutcoa.lu.su.Shadowview Condo Subdivision fIl' "":d Recorded ,~.9:02 o'clock A;-M:- August 13, ~4 Reception ). 169388 Julie Hane Recorder. 2fWo;:~116 SHADOW VIEW SUBDIVISION AGREEMENT THIS AGREEMENT, made and entered into this ~ day , 1974, by and between PAUL HAMWI (hereinafter to as "Subdivider"), and THE CITY OF ASPEN, COLORADO, a municipal corporation (hereinafter referred to as "City"), WITNESSETH: WHEREAS, Subdivider holds equitable title, by virtue of a contract to purchase real property, to a parcel of land situate in the City of Aspen, County of Pitkin, State of Colorado, which parcel may be more particularly described as follows: LOTS M, Nand 0, Block 45; and WHEREAS, Subdivider has submitted to City for approval, execution and recording a subdivision plat of the above- described property, such subdivision to be known and designated as "Shadow View Subdivision"; and WHEREAS, the subject property is located within an area of the City zoned AR-l Accommodations - Recreation; and WHEREAS, the City has fully considered such subdivision plat, the proposed condominium development and the improvement of the subject property shown thereon, and is willing to approve, execute and accept said plat for recordation upon the agreement of Subdivider to the matters hereinafter described, which matters. are deemed -nec'es-sary to protect, promote and enhance the public welfare; and WHEREAS, the City is willing to approve, execute and accept for recordation such plat upon the agreement of the Subdivider to the matters hereinafter described and subject to all the requirements, terms and conditions of the City of Aspen Subdivision Regulations now in effect and other i~' .~ r;110 r.,i/.:::>-':,-,,; 1.17 laws, rules and regulations; and WHEREAS, the City has imposed certain conditions and requirements in connection with its approval, execution and acceptance for recordation of the plat, and that such matters are necessary to protect, promote and enhance the public welfare; and WHEREAS, under the authority of Section 20-9 of the Municipal Code of the City of Aspen, Colorado, the City is entitled to assurance that the matters hereinafter agreed to will be faithfully performed by the Subdivider, NOW, THEREFORE, in consideration of the premises, the mutual covenants herein contained, and the approval, execution and acceptance of said subdivision plat by the City for recording, the parties hereto hereby agree as follows: 1. Subdivider shall construct and install the storm drainage facilities shown on the subdivision plat of Shadow View Subdivision as a precondition to the granting of a Certificate of Occupancy by the City. 2. Subdivider shall landscape the subject property in accordance with the landscaping features shown on the subdivision plat of Shadow View Subdivision as a precondition to the granting of a Certificate of Occupancy by the City. 3. City and Subdivider mutually agree that the sum of $2,460.00 represents four (4%) per cent of the current fair market value of the land described above, and that such amount shall be paid to the City by Subdivider at the formal execution of the subdivision plat by the City. 4. It is the opinion of all parties hereto that the bonding and escrow procedures provided for in Section 20-9 of the Municipal Code of the City of Aspen, Colorad~ are -2- - '-'. ;;>&)0 ,v..,,,,,\,_,..1 j18 not necessary in connection with this particular subdivision, in light of the relatively low costs involved in complying with the agreements set forth in paragraphs 1 and 2 hereof, and the fact that a Certificate of Occupancy cannot be issued for the subject condominium project until such agreements are fully performed, and such bonding and escrow procedures are therefore hereby waived in this instance. 5. The parties mutually understand and agree that the condominium units to be constructed on the subject property are intended to be owned and occupied by long-term residents of the area. In order to insure that the aforesaid purpose is fulfilled, Subdivider hereby agrees that each and every instrument by which title to one of said units is eventually conveyed shall contain the fOllowing covenant: "By his acceptance and recording of the instant Deed, Purchaser agrees that the condominium unit conveyed hereby shall never be leased for a period of less than six (6) successive months. This restriction shall constitute a covenant running with the title to the subject unit. II Subdivider further agrees that an identical leasing restriction will be incorporated in the Shadow View Condominium Declaration so as to provide record notice of such limitation. 6. Subdivider agrees that the Subdivision shall become, upon written notice to the Subdivider, a member in any future street, curb, gutter, sidewalk and/or drainage district, as may at some future time be created, insofar as the Shadow View Subdivision is in fact within the physical boundaries proposed by the petitioners endeavoring on behalf of the creation of such districts. 7. Upon execution of this Agreement by all parties hereto, City agrees to approve and execute the final plat -3- """-- \":;.;/" -. - ono """'119 1"., ",.... .. ". ~ .. ,.. .......~". ..-,....... ',", of Shadow View SubdiviS:(0nand accept the same for recording in the real prop~rty records of Pitkin County, .Colorado, upon payment OI recording fees and costs to City by Subdivider. 8. Subdivider shall, by resolution duly adopted by the Board of Directors, cause the Shadow View Condominium Association, a non-profit Colorado Corppration, to obligate itself to carry out the foregoing undertakings outlined herein. 9. This Agreement shall be binding upon the parties hereto and their respective heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the day and year first above written. .---.WED -'.-- HAMWI "J,--'''.,"~::) "~~~ TH~/~~j;7ASP~~~ /~ /:..,.. ""''''''. ~/ r- /~/ . e., . .....----; /_ ./'\ .;::' <?'!ie' ~ --F ~' . !v~ tvd C1::: (; ~ I City FI'RS1' NATlONAL BANK BUll-DING 420 EAST MAIN STREET y~ Z'~/~ BRUCE KISTLER d,~~ ~; ~ LAWYER r--~ , y P. o. a 0 x 3 1 07 ASPEN. COLORADO 81611 ~ ^' ~ ---- CfJf February 6, 1975 TELEPHONE: 303"925-1030 Ms. Sandra Stuller City Attorney City of Aspen Box Z Aspen, Colorado 81611 hk . Shadowview Condominiums Dear Sandy: Enclosed is Page 13 of the proposed Condominium Declaration for Shadowview Condominiums. Your attention is directed to paragraph 30(a). IF the language of said paragraph 30(a) is satisfactory to the City of Aspen in connection with the Shadowview Subdivision Agreement, paragraph 5, please so indicate in the space provided below and return one copy of this letter to the under- signed. 4' " The language in quotations in paragraph 5 of the Agreement will be incorporated in each deed to ultimate purchasers of the Shadowview units. Very truly yours, t:.~ Kistler Language Approved: City of Aspen BY~~g,z~ City Attorney '. BKcm encl: ^ ,~ # ." - number- and building address of such owner. All notices, dema.nds, Or other- notices intended to be served upon the Managing Agent or the Be> ard of Directors of the Association or the Association shall be sent by ordinary or certified mail, postage prepaid, to Jordan Companies, Inc., 8700 King George Drive, Dallas, Texas 75235. 28. ARBITRATION REQUIRED FOR ANY CLAIM HEREUNDER. Except as otherwise herein provided, any controversy or claim arising out of or relating to this Declaration, or the breach thereof, shall be settled' by arbitration in accordance-with the Rules of the American Arbitration Association, and judgment upon the award rendered by the ArbitratorCs) may be entered in any Court having jurisdiction thereof. 29. PERIOD OF CONDOMINIUM OWNERSHIP. The separate condominium estates created by this Declaration and the Map shall continue until this Declaration is, revoked in the manner and as is provided in ' paragraph 18 of this Declaration-or until terminated in the manner and as is provided in subparagraphs Cc) and Cf) of paragraph 25 of this Declaration. ~ 30. RESTRICTIVE COVENANTS. (a) No condomir'lium unit shall be leased or sublet to any person, Firm, or corporation for a period of less than six(6) consecutive months. Cb) - No animals;livestock~6r poultry of any: kind shall be 'raised, bred, 0r kept on the property, except that dogs, cats, or other household pets may be kept; provided, however that the right to keep a household pet shall be coupled with the responsibility to pay for any damage caused by an owner's pet... Every owner of a pet shall maintain strict control over his pet and shall prohibit the pet from making loud, disturbing noises. The owner of a dog shall prohibit barking by thec;log. The Associatjqn may adopt rules and 'regulation to supplement this covenant. "!i (c) No advertising signs, except a "For Rent" or "For Sale" 'SIgn, billboards, unsightly objects or nuisances shan be erected, 'placed, or permitted to remain on the premises, nor shall the premises be used in any way or for any purpose which may endanger the health or unreasonably disturb the owner of any condominium unit or any resident thereof. Further, no business activities of any kind whatever shall be conducted in any building or in any portion of the property; provided, further, that the foregoing covenants shall not apply to the business activities, signs, and billboards or the constructi0n and maih- tenance of buildings and improvements, if any, of the Declarant, its agent, contractors, and assigns during the construction and sale and rental period and of the Association, its successors and assigns, in furtherance of its powers and purposes as hereinafter set forth, nor to signs identifYing the project, buildings, units, common areas or other improve, ments. Cd) No nuisances shall be allowed on the condominium property, nor any use or practice which is the source of' annoyam;e to residents or which interferes with the peaceful enjoyment or possession and proper use of the property by its residents. All parts of the property -13- ~' ~M-;" V' """, -. . TO: Planning and Zoning Commission FROM: Planning Office /\ SUBJECT: Shadow View Condominiums - Preliminary Subd. Plat DATE: 5/7/74 4 unit condominium project. P & Z gave Ord. 19 conceptual approval 4/16/74 for a 4 unit apartment on W. Hopkins, and the developers would like to condominiumize the units and have submitted a preliminary plat. A condition of Ord. 19 approval was restriction to long term rentals. Considerations: Plat corrections & additions (see Eng. Dept. comments) Finished site elevations and access from alley. Drainage-provision to retain run off on site. Parking - layout is not workable for 8 cars. Trash storage and removal. Snow removal. Landscaping 4% dedication. Agreement to join future street, curb & gutter and drainage districts. Construct sidewalk. ., . r ~~.....!'. ^ ~- Memo To: Donna Baer Planning Dept. From: Dave Ellis ~C Ci ty Engineer W c... Re: Shadow View Subdivision Preliminary Plat Engineering Dept. Comments Date: May 6, 1974 The plat should have the fOllowing additions: of.. 1) ()'K2 ) 3) oK 4) ()1'5) 0)(.6) ofJ) fV- 8) 7" 9) 0(,-10) Street and alley widths Date of ~reparation Scale and orientation on sheet 2 Location of utility pole Ln alley Acreage of land Location of sidewalk Details of landscaping Contours (existing and proposed) extending across aliey p~u~ Finished contour elevations ~~"~ Trash handling facilities Thl'! number of rarkinq soa""" "r,own becomes questionaQle under the rest -aJ.nts of the exisH ng 11 H 1 ; t-y pn 1 ,,~, ~ alley grade, and snow conditions. Any plan for re- ~grading the alley will require approval and all costs involved in regrading or relocating the utilit~es will be the responsibility of the subdivider. Reqradinq of the tract ~ould not increa"p runoff from the improved site onto the adjacent downhill property. The site improvements should be designed to provide enought on-site retention to maintain the historical runoff rate and comply with Urban Runoff Management Plan. Subdivider should also covenant to join an future s ecial im rovement dis rJ.c s J.nc u n stre t, curb an gutter, sidewalk, and dra~nage. .~_.-. TO: City Clerk FROM: Planning Office SUBJECT: 1DQl1aD SHADOW VIEW DATE: April 20, 1974 Please schedule and advertise the above preliminary subdivision plat for public hearing May 7, 1974. The property descriptmon is as follows: Lots M,N,O, Block 45 City of Aspen Adjacent property owners: , i , i Ted & Silvia Brown 230 Brunker Rd. Houston, Texas Richard D. Osur 80 Pickwick Dr. Brighton, N.Y. James W. & Olga Fuller 16060 Meadow Wood Southfie1d, Mich. Some property owner names & address were left off the plat. I will have Tri co get them to you today ((J,/22/74). -- -, ^ .-, TO: Planning & Zoning Commission FROM: Planning Office SUBJECT: Hopkins 4 Plex DATE: April 2, 1974 In Aug., 1973 the P & Z heard an application (McEntyre Apts.) for 11 studio units on this 9,000 sq. ft. site in the Mixed Residential - West District. The applicants were told that the project was too dense; Zf dl:.q:i):"EkEQr c2r- 3 single family dwellings were suggested to them by the P & Z. Considerations: Number of Parking Spaces Deed covenant restricting use to long term rentals. P. o. has suggested to the applicant that if there is an intention to condominiumize in the future, subdivision should be done at this time. ~ ~ - - f:i ~~ ~ - <). c<ft (},~- ~ . <oS ~.~ ~ It: a.... ~t;,.;.; .... TN ~ ~ctcJ -26- ~~/Y ~~ Paul: If I could, I'd love to put my house right smack dab in the middle, and say fine, this is mine. My land costs do not allow it. My construction costs would not allow it. This is the only direction I can go. Bruce: It couldn;t be a two bedroom situation. Paul: I don't feel it can be. When we alk about two bedroom units, a two bedroom unit of this nature and this cost were talking about, we're openiug ourselves to two people sharing rent with two cars. It's not a family situation anymore. You see what I'm saying. The two bedrooms upstairs lend it to a family situation. When I start renting it as one,whole floor being one bedroom, one whole floor being another bedroom, and then a living area down below, I have just opened it up to where you're going to see cars. And III guarantee this. And that's unfortunate. Maybe I just hung myself, the point is that i, Jim Von Bruer, my architect, and I have spent a lot of time lending a family situation to this particular area. I have got these people interested in renting long term units, because they have families and they have contributed into telling me what they want, and what they can live with. Bruce: I'll entertain a motion that we approve this, with the condition that you come back and you can demonstrate to us that you can fit a minimum of eiqht cars on there in the winter time, that snow rf>mrm"l i" pnssibleJ without gumming up the alley and which is adding another problem to all the neighbors if you do that, and that's not a fair thing to do. and that there is a deed covenant restricting the use to long te~ rentals. ---------- Bryan Johnson so moved, Geri Vagneu seconded the motin. Any discussion? Those in favor, Bruce Gillis, Geri Vagneur, Bryan Johnson. Janet Landry and Jack Jenkins dissent. Jack: Not on the particular project, but on the general principals involved I have to vote no, and it has nothing to do with that project, it has to do with the density, and it has to do with the parking. Motion carries. Bruce: Steve, you're a brave man. Is there any change to what we agreed on before? Steve: None whatsoever. Rob Roy's d0ing the architecture. Geri: Do I undserstand you're doing a duplex rather than the little cabins? Steve: Well, we have the two cabins here, we've had this property fourteen years,' Jack r S^'" " ...,.r', ~ 4/65) 2 8.1. ADDRESS OF JOB Ai1E... r..'t~~~~.:..~. ::Ii. ~ . BUILDINC INSPECTION DEPARTMENT r;! CITY OF ASPEN - COUNTY OF PITKINO, COLORADO 324 W. Honkins see Receipt ~n PermiT.. <77-7< . GENERAL 1 ' CONSTRUCTION PERMIT ' WHEN SIGNED AND VALIDATEO BY BUILDING INSPECTION DEPARTMENTTHI$PERMIT AUTHORIZES THE WORK DESCRIBEO BELOW~ CL.ASS OF WORK: .OWNER NAME lit e u <C Ill: .. .Z o u NEW.J:! ADDITION 0 AL.TERA TION 0 REPAIR 0 MOVE 0 WRECK 0 .".~ ADDRESS PO 350 PHONE 3560 . LICENSE LICENSE . , CLASS NUMBER INSURANCE PHONE o. ',' , Paul Hamwi NAME (AS LICENSED) , Paul Hamwi To P&Z 3-19-74 ,NOTES TO APPLICANT: 1 FOR INSPECTIONS OR INFORMATION CALL 925 - 7.336 ;- FOR ALL WORK DONE UNDER THIS PERMIT THe PERMITTEE ACCEPTS FULL RESPONSI&ILITY FOR COMPLIANCE WITH THE UNIFORM BUILDING CODE, THE COUNTY ZONINGRESOtUTlON OR CITY ZONING ORDINANCE. AND ALL ,OTHER COUNTY RESOLUTIONS OR CITY ORDINANCES WHI,C,HEVER APPl:tES. " .,.' . . . ,SEPARATE PERMITS MUST SEOBTAINEO FOR ELECTRICAL, PLUMBING AND HEATING, SIGNS, SWlMMING. FENCES.. .' !;~. PERMJT--~RES 60 D~~~~ATE ISSUED UNLESS WORK IS STARTED. RlQUIR:;D INSPECTIONS SH. " u:.....ESTED ONE WORKING 9.4 Y .1.... ADV-.NCE. ALL FIl.1. ~L INSP'CTIO~S A ~~, ADE 'ON ~LL ITEMS CfF' WoRK BEfORE OtCUPANCY IS ;ERMITr'b, :,' THfS SUI DING SHALL E C P UNTIL A CERTifICATE OF OCCUPANCY HAS BEEN ISSUED, 0 ;:' PERMITSU Ecr.TO RE C " R SU NSIQN FOR VIOLATION OF ANY lAWS GOVERNING SAME. ~~: R " .,. ~\, ". APPLICANT' ,;- -::=.. ~"-""\ / '>1'.... ".. " ..,.. .. THIS FORM IS A PERMIT ONL WHEN VALIDATED HERE ADDRESS SUPERVISOR FOR THIS JOB LEGAL DESCRIPTION SURVEY BY AREA (S.F.) ;:A.T GRACE 4800 FIN, 0 I UNFIN. 0 I BASEMENT DEPTH BElOW 'Z GRADE o 't: < o Z 5 ... EXTERIOR FOOTING SIZE' EXTERIOR FDN. WAll THICKNESS Itl~KD MASONRY EXTERior THICKNESS WALL STUD SIZE & SPACE ,REMAR!<S . NAME LOT NO. M ~T 1"\ BLOCK NO. ATTACHED 0 DESIGN BY 45 "'~~ ,..~ THEIGHT (FEET) Jamos Uon TOTAL UNITS NO, STORIES 2 26' 4 GARAGE SINGLE 0 ATTACHEOO TOTAL DOUBLE 0 DETACHED 0 ROOMS SIZE SPACING SPAN 20 , FIRST FLOOR CONC. 0 MAS'Y 0 CAISSON~ 0 & GR. BEAMS II> t; o CEILING ... . ROOF ROOFING MATERIAL ABOVE ISTFLR. ABOVE ,2ND FLR. ABOVE .2ND. FLR. ABOVE 3RD fLR. ABOVE ,1ST FLR. ABOVE JRD FLR . NOW' 4 uni't: anartment'hotise. Rent~l or for,sale . , DATE PERMIT NO. ) -J1/f(7Y' '11--;'1 ""l ~, ^ /-t ^, -t JI DATE CERTIFIED ADDtTIOH Twonsite A PE . L1C. NO~ Breur OCCUPANCY GROUP DIV. I FIRE ZOHE TVPE CONSTR. AGENCY, AUTHORIZED BY DATE aUILDING REVIEW ZONlNG , , cst: . VALUATION $ , 9F WORK 7!?,000 . PLAN' , TQT Al>FfE FRED :r P Q : .1 OCUBLE.!CHECK;,[] $ .' F'-E 0 CASH 0 ,. BUILDING OEPARTMENT , .A",ROVA1.IY D"TE L1~...s.1i R'~"PTS~LA~~ . ^ AI'iE."'~'1..~~~~O::j, ,~ ~ I ~~ . I -' (. l ( c :;r "~I" {: -t..:' ;;',,:' C , ~~ryv\.~~ t4J6S) 2 8~1. BUILDINC INSPECTION DEPARTMENT l d' . [X] CITY OF ASPEN - COUNTY OFPITKIND. COLOR BomJ.t 331-73 ~~e7J.~~ " , . I 'ADDRESS GENERAL 'OF JOB 324 w. Hopkins CONSTRUCTION , PERMIT . ; WHEN SIGNED AND VALJOATED BY BUILDING INSPECTION DEPARTMENT THIS PERMIT AUTHORIZES THE WORK DESCRIBEOBEl.OW. . Q.ASS OF WORK: NEW kl ADDITION 0 ALTERATION 0 REPAIRO -3'7~ovld'Ol~~i!j> $0 OWNER Box 3557 Aspen , . NAME Kenneth McEntire ADDRESS c/o Fitzgerald Recl'llQNa:ate , '" LICENSE LICENSE . ~ NAME (AS LICENSED) J. R. Trueman Assoc CLASS NUMBER 4n~1'; . II . U , INSURANCE -< . '" Box 4229 Aspen 3985 0 ... ADDRESS , PHONE . z , 0 SUPERVISOR u I FOR THIS JOB NAME Paul Hamwi DATE CERTIFIED LEGAL DESCRIPTION LOT HO. M.N. & 0 BLOCK NO. , 45 ADDITION Townsite SURVEY ATTACHED 0 DESIGN A Lie. . 'BY T~~ "..~ ~ BY = n, , PE NO, AREA (S.f.) "EIGHT NO. TOTAL OCCUPANCY . ,... la' GRADE 2384 (FEET) 26' STORIES 2 UNl'n 11 GROUP DIY. , BASEMENT M UN~": 81 GARAGE M SINGLE o ATTACHED 0 TOTAL studios TYPE I FIRE DOUBLE o OETACHED 0 ROOMS, , CONSTR. ZONE , DEPTH FIRST SIZE SpACING SPAN AUTHORIZED I, DATE' BELOW AGENCY BY Z GRADE 3' FtOOR 2xlO l60c 21' . 0 '" BUILDING ... REVIEW .~' EXTERIOR '" FOOTING 24xl2 0 CEILING 4xl2 beams 4'oc (\ SIZE ZONING , ... :z EXTERIOR CONC. e91J'. i' :r , :;) FON. WALL ROOF .PARKl....G ,0 THICKNESS 8" MAs'y 0 same , .~ THICK 0 CAISSONS 0 ROOFING I t.f PUIUC..HEALTH SLA8 &GR.BfAMS MATERIAL Cei'iar shakes !i MASONRY ABOVE ABOVE A8?~," ~ , .A~ ENGINEERING !brrERIO< THICKNESS 1ST FLR. 2ND FLR 3RD R. \' rtALL STUD SIZE ABOVE ABOVE . . ABOVE '\ \J , .. . & SPACE 1ST FLR. 2ND FLR. 3RD FLR. /\. \ <i) , . REMARKS , . . I\l",.., 11 ,,~~... ~~~' , ....' .... -II '>'>'_'7'> . " R_'.'7" 1\ ' ~' " " - ci,~ D . - D O,d- L. Q,'l.- \'2 \ , . . NOTES TO APPLICANT: ' '" ,\ FOR INSPECTIONS OR INFORMATION CALL 925 - 7336 FOR ALL WORK DONE UNDER HUS PERMIT THE PERMITTEE ACCEPTS FULL RESPONSIBILITY FOR VALUATION $ . .; COMPLIANCE WITH THE UNIFORM BUILDING CODE, THE COUNTY ZONING RESOLUTION OR C1.TY 108,000. :,~ Z6NING ORDIN1t.NCE. AND ALL OtHER' COUNTY RESOLUTIONS OR CITY ORDINANCES.'M1HICHE\tER OF WORK' . . C': APPLIES... . . : ': SEPARATE PERMITS MUST BE OBTAINED FOR ELECTRICAL, PLUMBING AND HEATING. SIGNS, PLAN Q TOTAL F:OE : SWIMMING POOLS AND FENCES. FILED T F' 235.50 ,\~ PERMITEXP1Rr OM DA:E ISSUED UNLE,SS WORK. I~ STARTED. , REQUIRED I~~PECTIOHS SHALL REQUESTED ONE WORKING DAY IN ADVANCE. . 06u9lE ICHECK 0 $ 117. 751l11.~ , _ ,.., __. ....~ ~." _.. _.. _",~a" ..~~ FEE 0 CASH 0 353.25 . THIS BUILDIN SHALL NOT BE P?; TIL A CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED 0 BUILDING DEPARTMENT PERMIT SUBJEC TO REVOCATIQ SPE tON FOR VIOLATION OF ANY LAWS GOVERNING SAME. ,SlGN:1URE i>-<1 ~ " 1lf'f'L1CANT: --- "" , . r--;, APPROVAL BY DATE . , ',pATE PERMIT NO. LICENSE I:J t RECEIPTS CLASS I AMOUNT THIS FORM IS, A PERMIT ONLY _. _. --. . - " - .- . --- - ---- -.-.--- '-u m::05]_ - - ,w...., ;,;,.:" March 15, 1974 Mr. J. E. Von Breuer P. O. Box 350 Aspen, Colorado Dear Mr. Von Breuer: I ha~ been requested by the Planning & Zoning Commission to inform all scheduled applicants that the P & z will not be hearing any new applications until May, 1974. This re,scheduling is necessary because of the heavy load of work currently before P & z and their decision to con- centrate on city planning matters for the next 12 meetings in a 6 week period. Please call the Planning Office for a new agenda date. Yours truly, I Donna Baer Planning Office ))J3 !bk _ -:;::......1_0<11 .,-" .-, March 7, 1974 City of Aspen Planning & Zoning Department P.O. Box V Aspen, Colorado 81611 Gentlemen: Re: Proposed Six Unit Apartments on West Hopkins Between Second and Third Streets ..fQU.~ (4.) The object of this proposal is to familiarize you with the details of our proposed 6-unit apartment. There will be six (6) apartments to be located on Lots M, N, 0, Block 45, City and Townsite of Aspen. It is our intention to comply with and fulfill the needs and objectives of the Aspen Planning & Zoning Board at this point in time. It is our hope that our proposed project will meet with the approval of all concerned, and will be well received by future tenants. A proposal was made for a building permit on August 3, 1973, prior to the deadline for Ordinance 19. Unfortunately, due to an unforeseen problem with the survey, our permit Was denied at that time. Since then a certified survey has been made and all necessary plans, surveys, letters, etc., have been obtained and are available at this time. ' Letters to cover specific considerations such as (a) access, (b) fire protection, (c) water pressure, -and (d) sanitation are enclosed and should satisfy all the requirements on this project. If there is any problem concerning reduction of building bulk and lot coverage, we are open to discussion for the Board. ...' '-;:. ~ ~ Since our building is adjacent to the rear of the Applejack Inn, ~hich deals mainly ~ith short-term rentals, no problem can be foreseen as to vie~ preservation. If any further information is required"please feel free to contact us at your convenience. Very truly yours, rf-~ ~ OV'\..15flLJJJ.tv JAMES EDWARD VON BREUER JEVB:mh -2- /fOx 352) p"z5' - /~/~ ~ n I The ;rtrl:\t..d pO~ 01 t.:d.. to-. "p~ed by :Jw ' Col......".... Eo.... Co"""'-l.. (SC :M-71) I I 'I i I I i .- RECEIPT AND OPTION CONTRACT (RESIDENTIAL) March 4, 74 RECEIVED FROM WILLIAH R. WEAVER OR NOHINEE, . Pu.rehaser(,,-,jointtenants),theaomO[$ 5.00n.nn, ,intheiormof n ppr"cmn1 ('np('v to be held by FitzgE>ra1d RE'al EsratE> rClmpnny . broker, in his escrow or trustee accolmt. as earnestnloney and part payment for the following described real e3tate sito.ate inthp. r i 1-::, n f . A ~:r.Q n County of Pitkin . Colorsdo,towit: .19 Lots M, N, and 0, Block 45, City of Aspen, County of Pitkin, State of Colorado, , with aU improvements thereon and all firlures of a permanent natnre c=entIy on the premLles except as bereinafter provided, in their present condition, ordinary wear and tear excepted. knoWll sa No wbich property purchaser agrees to buy tlj>On tbe following urms and conditions, trn- the purchase pric. of S 61.500.00 .pa:rabl.asfollo1n:$ 'i.onn nn. },erebyreeeiptedfor,$ <l.'inn nn iT] additional cash, certified or bank funds at time of c10sing, at which time the Buyer will give the Sellers his promissory note secured by a deed of trust in the amount of $25,000.00 payable on or before November 1,'1975, together with 9% interest. Such deed of trust,shall,containcovenants whereby the same shall be subordinate to any other deed of trust granted to secure the payment of 0blig- ations relating to any construction loan Covering the improvement of the subject property. Sellers agree to execute such ~nstruments as'may be required to Iully effect such Subordination. This contract is expressly made contingent upon receipt by Buyer of conceptual approval by the Aspen Planning & Z0ning Com- mission of plans to construct not less than s~x unlimited c0ndo- minium dwelling units on the pro~erty. This condition, unless waived by Buyer, shall be met pr~or to April 24, 1974. Buyer shall have full' rights and authority to submit for appr0val such plans' t,'or spch con)~~tual annrov~l as he ~n.hi~},~iscretion neems advfisab1e ' 1. Ii a note and t d.ea- rn- mortgage.. to b.,.....um.u. the p er agrees to pay aLoan t:ralL3;t.r ee no. to exc.ed $ n a and it is a condition of this contract that the purchaser may SS3Ull1e such ene,;",- br.ance without change in i'bl term..s or conditions except: n / rl I, 2. Price to includeel1l' of the following items ~.m.ntly On the prmu.., Lighting; heating and pl,;",bing ~; all outdoor.plants, window and porch ahsdea. ven.tian blinds. stonn windows, ato1'll1 doors;sereens, curtain rods, d.-..p. er;o rods. cenbl air conditioninli. .ventilating :fi::d:nr..., attacbed TV antenna.., attaeh.ed mim:>rs, linoleam, aWlling-., water softener (if owned by seller), ;fueplaee saeen and grate, built-in kil:ehen apPliances, wall to wall carpeting sr-d buildin s as are on the above-described ro ert aU in their pr.sent condition, free and clear of all tax.s, liens and encumbrances except as provided in paragraph 4; proVided, however, that the following fi:rtu..""e8of a. permanent na:tme are excluded f:rom thi& we. n/a ' 3. ~'=ot.cl..title..to~c.p.t:>?",,;-, 00""';._ to.Qte"<>:'lI!;ctlrl'ent col:D!!1itment for titl. insurance policy hi "" i amount .qual to the Purchase pric., at seller's -<>~u =d exp.nse. sbslI be fnmlshed the P!lrChaser on or brloro ! And 1 23. . ,19 74 ,.n-s"'!k el"-Lo~~~;e-t>tle";""""""""-e-"";""""t, s...l1.r "".II I deliv.r the title insurance policy to purchaser after closing and pal' the premium thereon. i II II il I ~, 4. Title aba1J be lllerchantable in the seller. Subject to paYlllent or tender "-' above provided and cOlllpIisnce wita, , the other terms and conditions ha-eunCer by purcha.ser, the seller a.~ ~ecuta.land deliver a good and zuffW!!1t generaJ. ty ~__> to 'd __L Apr~:<4, 9 /'. :Warr3n . w::'CU M1. p~ser 0'" . . . 1 ___ or, by lllu~..al7.r-eement, at an earlier ds7'5eon!:~-!.~d property free and clear of all taxes, except the g.nem mes for lD__paYable J anl1ary 1, 19__ m:rd ~ free and clear of ali liens for special imprO'Vemento now installed, wheilier lL3sesse<! or not; t_ and clear of all lien, and encnmbrance3 except ea8em.enb for telephone; electricity, water and sanitary 5e"'iO'er, and ~eept mineral reservations of record, 'I' and SUbject to bnilding and zoning ~lati6"',:md .....trietiv. c:ove."1ant.3 of record. Any encnmbrnn"" reqnire<! to ~ paid may be psid from tb. p~ of this tnmssetion. I II d 5. Genero] taxes for 19-1i., '(base<! on 19-11... levy and 19...2L ''''"!.",,,ent) ,p"'paid rents, waur ""'ts, ...".., rcnt3, PHA mortgage insurance premium3 and interest On encumbrances, it n:o.y, anA snecial assessments, if any,_ '''all be apportione<! to date of d.livery of d"."L No. SC 20-7~71 R.om~t ZlDd O!'!lDft Contra""" UZ_ldil'trttP\l)_Flradtol'd ~bli8hingCo... 1824--4.6 Stoat Sn--e. Den~. Colond_12_n ...-:. ~"",-",-~--"""~"""""'------------ ~' ~ L0009 S}OU}TTI 'ab-eTT}1\. a 1\0... 9 'iT2 'i3u-e'I ssa.xdA;)9TOT )>~"'"PPY 'a,-!dn-as LL9L8 op-e.xO[oJ o'iF,g '/1 aon.xg , l~<SG.S'i;i . V 6Z v XOS: bsa...'"PPV sreS"atf->-IDd: ToI'I?S . 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