HomeMy WebLinkAboutcoa.lu.su.Shoafs Riverview
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MEMORANDUM
TO: RICHARD GRICE, PLANNING OFFICE
FROM: LOUIS BUETTNER, ENGINEERING DEPARTMEN~
DATE: July 26, 1979
RE: Shoaf's Waterfall Subdivision
In reviewing this final subdivision plat, the engineering department
has the fOllowing comments:
1) The area figure in the written description must be expressed to
the nearest thousandth.
2) The bearing noted as N 300 55' 18" E, 209.64' should be N 200 55'
18" E, 209.64'.
3) The drawing of the property is missing the fOllowing:
a) The property tie to the government monument.
b) The river has not been shown.
c) The property to the south of the subdivision is EbTacker,
not Herron Park.
d) The property to the north is the Vare property. This is
civil action no. 5160, recorded in Book 292, Page 939.
e) The parcel of land the Barrailler house is on is part of
this subdivision and must be designated as Lot 2.
4) The certificate of title gives the title to the property as
Adolph Barrailler & Katherine T. Barrailler. I think the title
is in Adolph's name.
5) The owner's certificate and statement of subdivision is wrong;
the whole property of the Barrailler's is being subdivided, not
just a portion.
A marked copy of the corrections for the final plat submittal can
be had in the engineering department, 3rd floor, City Hall. This
submittal of the final plat is unacceptable in this condition.
The above additions and corrections must be made before the engi-
neering department can approve this plat.
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cc: Jeffrey Shoaf
Alpine Surveys
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MEMORANDUM
TO: Dave Ellis, City Engineer
FROM: Richard Grice, Planning Office
RE: Shoaf River)View Subdivision ~ Final Plat
DATE: July 11, 1979
Attached please find two copies of final plat of Shoaf's River View
Subdivision. This item is scheduled to come before the Aspen City Council on
Monday, August 13, 1979. Therefore, may I have your written comments and/or
approval by Monday, August 6, 1979. Thank you.
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MEMORANDUM
TO:
FROM:
RE:
DATE:
Aspen City Council
Richard Grice, Planning Office
Shoaf's Waterfall Subdivision - Final Plat
July 8, 1979
You will recall from the conceptual presentation that this subdivision
involves the splitting up of a 30,010 square foot parcel approximately in half
so as to create a second single family homesite. There is already one single
family residence in existence on the parcel so the proposed subdivision is
exempt from Growth Management in accordance with Section 24-10.2(d). The parcel
of land is zoned R-15.
This subdivision received preliminary plat approval from the Aspen Planning
and Zoning Commission on July 2, 1979 subject to changes requested by the City
Engineering Department. Since that time the applicant has submitted a final plat
which has was also referred to the Engineering Department. Assistant Engineer,
Lou Buettner, has reviewed this final plat and recommends your approval this
time without condition.
For your information in the process of review, the application was referred
to the City of Aspen Water Department, Aspen Metro Sanitation District, Mountain
Bell, Holy Cross Electric, Canyon Cable TV, Rocky Mountain Natural Gas and the
City Fire Department, all of whom have indicated that they expect no problems with
serving the proposed, subdivision. As it appears there are no adverse impacts
associated with this application and all utilities and necessary services seem
to be available and in order, the Planning Office recommends approval of the
final plat submission without condition.
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CORRECTED PUBLIC NOTICE
Re: Shoaf's River View Subdivision Preliminary Plat
NOTICE IS HEREBY GIVEN that a pUblic hearing will beffild before the Aspen
Planning and Zoning Commission on Tuesday, July 10, 1979, at a meeting to begin
at 5:00 P.M. in City Council Chambers, 2nd Floor, City Hall, 130 South Galena
Street, Aspen, to consider the preliminary plat of the Shoaf's River View Sub-
division (a tract of land in the SW% of Section 7, Township 10 South, Range 84
West of the 6th P.M., Pitkin County, Colorado) located on Neale Avenue at the
intersection of King Street, Aspen, Colorado. Further information may be
obtained at the Planning Office, 130 South Galena Street, Aspen, 925-2020, ext.223.
/s/ Olaf Hedstrom
Olaf Hedstrom, Acting Chairman
Aspen Planning and Zoning Commission
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Published in the Aspen Times on July 5, 1979.
To be billed under City of Aspen fund.
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Richard Grice, Planning Office
RE: Shoaf's River View Subdivision - Preliminary Plat
DATE: June 27, 1979
You will recall from the conceptual presentation that this subdivision
involves the splitting of a 30,010 square foot parcel approximately in half so
as to create a second single family homesite. There is already one single
family residence in existence on the parcel so the proposed subdivision is
exempt from Growth Management in accordance with Section 24-10.2(d). The parcel
of land is zoned R-15.
This is a public hearing to review the preliminary plat submission for
Shoaf's River View Subdivision. Referral was made to eight local agencies and
utilities. We have received comment from the City of Aspen Water Department,
Aspen Metro Sanitation District, Mountain Bell, Holy Cross Electric, Canyon
Cable TV, Rocky Mountain Natural Gas, and the City Fire Marshall, all of whom
have indicated no problems with serving the proposed subdivision. Lou Buettner
of the City Engineering Department has identified a number of omissions or
corrections which should be made on the final subdivision plat. The Engineering
Department recommends approval of the preliminary plat submission subject to
the items identified in their memo to the Planning Office of June 6, 1979, being
addressed and answered. Engineering's "June 6th Memo" is attached for your
review.
It appears that there are no adverse impacts associated with this application.
All utilities and necessary services seem to be available and in order. At this
time/the Planning Office recommends approval of the preliminary plat submission
subject to the concerns expressed by the Engineering Department being addressed
and answered on the final subdivision plat.
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TO: Richard Grice, Planning Office
From: Bob Jacobs, Fire Marshall ~
Date: June 11, 1979
RE: Shaef Preliminary Plat
After reviewing the preliminary plat submitted to this office,
and a personal inspection of the proposed subdivision, I find no
problems from a fire protection standpoint. Hydrant location con-
forms to the desires of the Aspen Municipal Code, and emergency
response time by emergency apparatus should be minimal due to the
proximity of the River View Subdivision to the fire station.
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M E M OR AND U M
TO:
FROM:
DATE:
RE:
RICHARD GRICE, PLANNING OFFICE
LOUIS BUETTNER, ENGINEERING OFFIC~
June 6, 1979
Shoaf River View Subdivision
In reviewing this preliminary subdivision plat, I find the fol-
lowing omissions or correcti0ns:
1) The standard project flood line seems to leave the river channel
and climb the bank. I would think the flood line would follow the
7890 contour between the ditch and southerly property line.
2) There is an existing 20 foot easement along the westerly pro-
perty boundary. This easement will need to be part of this
subdivision.
3) The proposed building site to me is very poor. The bUilding site's
northerly line has a difference of elevation of approximately
30 feet. The southwestern corner of. the building site is within
the area of the standard project flood as shown on this plat. I
believe the building site also includes some larger size cotton-
wood trees. I would suggest that the building site be rotated,
so as to omit any large cottonwood trees. The rotating of the site
would also remove it from the stream margin review area.
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4) The engineering department would like to have the subdivision
name changed. The reason for this request is the excessive use
of the term "River View."
All the above can be corrected on the final subdivision plat. The
engineering department would recommend that this preliminary sub-
division plat be approved subject to the above items being addressed
and answered.
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MEMORANDUM
TO: Dave Ell is, City Engi neer
Jim Markalunas, City Water Department
Jim Holland, City Parks Department
Bob Jacobs, City Fire Marshall
Stogie Maddalone, City Electric Department
Rocky Mountain Natural Gas
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[ASpen Metro Sanitation District
FROM: Richard Grice, Planning Office
RE: Shoaf Preliminary Plat
DATE: May 25, 1979
Attached please find preliminary plat for the Shoaf Subdivision. This item
is scheduled to come before the Aspen Planning and Zoning Commission on Tuesday,
July 3, 1979. Therefore, may I have your written comments concerning this plat
by Monday, June 25, 1979. If you cannot meet this schedule, please advise me
in~ediately. Thank you.
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MEMORANDUM
TO: Dave Ellis, City Engineer
~m Markalunas, City Water Department
Jim Holland, City Parks Department
Bob Jacobs, City Fire Marshall
Stogie Maddalone, City Electric Department
Rocky Mountain Natural Gas
Mountain Bell
Aspen Metro Sanitation District
FROM: Richard Grice, Planning Office
RE: Shoaf Preliminary Plat
DATE: May 25, 1979
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Attached please find preliminary plat for the Shoaf Subdivision. This item
is scheduled to come before the Aspen Planning and Zoning Commission on Tuesday,
July 3, 1979. Therefore, may I have your written comments concerning this plat
by Monday, June 25, 1979. If you cannot meet this schedule, please advise me
immediately. Thank you.
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MEMORANDUM
TO: Dave Ellis, City Engineer
Jim Markalunas, City Water Department
Jim Holland, City Parks Department
Bob Jacobs, City Fire Marshall
~gie Maddalone, City Electric Department
Rocky Mountain Natural Gas
Mountai n Bell
Aspen Metro Sanitation District
FROM: Richard Grice, Planning Office
RE: Shoaf Preliminary Plat
DATE: May 25, 1979
Attached please find preliminary plat for the Shoaf Subdivision. This item
is scheduled to come before the Aspen Planning and Zoning Commission on Tuesday,
July 3, 1979. Therefore, may I have your written comments concerning this plat
by Monday, June 25, 1979. If you cannot meet this schedule, please advise me
immediately. Thank you. ,'". (/:J"'7-[-;'-'~
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MEMORANDUM
TO: Dave Ellis, City Engineer
Jim Markalunas, City Water Department
Jim Holland, City Parks Department
Bob Jacobs, City Fire Marshall
Stogie Maddalone, City Electric Department
~ky Mountain Natural Gas
Mountain Bell
Aspen Metro Sanitation District
Richard Grice, Planning Office
FROM:
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RE: Shoaf Preliminary Plat
DATE: May 25, 1979
Attached please find preliminary plat for the Shoaf Subdivision. This item
is scheduled to come before the Aspen Planning and Zoning Commission on Tuesday,
July 3, 1979. Therefore, may I have your written comments concerning this plat
by Monday, June 25, 1979. If you cannot meet this schedule, please advise me
immediately. Thank you.
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MEMORANDUM
TO: Dave Ellis, City Engineer
Jim Markalunas, City Water Department
Jim Holl and, Ci ty Parks Department
Bob Jacobs, City Fire Marshall
Stogie Maddalone, City Electric Department
RoSky Mountain Natural Gas
l-MOuntain Bell
Aspen Metro Sanitation District
FROM: Richard Grice, Planning Office
RE: Shoaf Preliminary Plat
DATE: May 25, 1979
Attached please find preliminaryplat.for the Shoaf Subdivision. This item
is scheduled to come before the Aspen Planning and Zoning Commission on Tuesday,
July 3, 1979. Therefore, may I have your written comments concerning this plat
by Monday, June 25, 1979. If you cannot meet this schedule, please advise me
immediately. Thank you.
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MEMORANDUM
TO: Dave Ellis, City Engineer
Jim Marka1unas, City Water Department
J,i~Holland, City Parks Department
t--BOb Jacobs, Ci ty Fi re Marsha 1'1
Stogie Madda1one, City Electric Department
Rocky Mountain Natural Gas
Mountain Bell
Aspen Metro Sanitation District
FROM: Richard Grice, Planning Office
RE: Shoaf Preliminary Plat
DATE: May 25, 1979
Attached please find preliminary plat'for the Shoaf Subdivision. This item
is scheduled to come before the Aspen Planning and Zoning Commission on Tuesday,
July 3, 1979. Therefore, may I have your written comments concerning this plat
by Monday, June 25, 1979. If you cannot meet this schedule, please advise me
immediately. Thank you.
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Richard Grice, Planning Office
RE: Shoaf's Riverside Subdivision Exception
DATE: May 17, 1979
The attached letter requests exception from the conceptual subdivision
requirements for the proposed Shoaf's Riverside Subdivision. The proposal is
to divide the 30,010 square foot parcel approximately in half so as to create
a second single family homesite. The zoning is R-15. The subdivision request
is in accordance with the exception from the Growth Management Quota System
identified in Section 24-10.2(d):
"The construction of one single family residence on a lot
subdivided after the effective date of this article where
the following conditions are met:
1. The tract of land that was subdivided had a pre-existing
dwelling.
2. No more than two lots were created by the subdi vi s ion. "
In this case there is one single family residence in existence on the
parcel so the exemption from growth management is appropriately applied to the
parce 1 .
We have received comment from the Ci ty of Aspen Water Department, Aspen
Metro Sanitation District, Mountain Bell, Holy Cross Electric, Canyon Cable
TV, and Rocky Mountain Natural Gas, all of whom have indicated no problems with
serving the proposed subdivision.
Dave Ell is of the City Engi neeri ng Department has revi ewed the proposed
subdivision and recommends you approve the exception from conceptual review with-
out condition, as there appear to be no unsolvable problems. Dave did point out
that there are steep slopes involved on the property but the property does contain
a reasonable location for a second homesite.
Based onthe comments received to date, the Planning Office recommends you
approve the exception from conceptual review without condition. This will allow
the application to procees to the preliminary stage.
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Mountain Bell
April 30, 1979
Planing Dept.
City of Aspen
To Whom it may Conoern;
The proposed Shoaf-River View Subdivision looated at 117
Neal Ave. is served by Mountain Bell. Pursuant to operating
prooedures of the Company and the rules of the Colorado Publio
Utilities Commission, we will provide telephone servioe to the
projeot at the request of the developer.
Sinoerely,
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Gene Krill
Manager-Mountain Bell
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Alpine Surveys
Post Office Box 1730
Aspen, Colorado 81611
303 925 2688
April 27, 1979
Owners Adjacent to Shoaf's
River View Subdivision
City of Aspen
130 S. Galena
Aspen, Colorado 81611
Charley Albert and Emma Lou Tacker
115 N. Neale St.
Aspen, Colorado 81611
Mrs. Ethelyne Vea
4056 King Dr.
West Richland, washington 99352
Edwin C. Vare
Box 32-B, Rt. 1
Silt, Colorado 81652
Charles A. & Bryce M. Maple
Box 1959
Aspen, Colorado 81611
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HOLY CROSS l::.LECTRIC ASSOCIATION. INC
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1>01 GRAN[> AVENUE
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April 26. 19751
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Mr. Jeff Shoaf
P.O. Box 3123
Aspen, CO 81611
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April 26. 1979
Planning Dept.
City of Aspen
To Whom It May Concern:
The Shoaf-River View Subdivision. formerly the Adolph
Barrailler residence at 117 Neal Ave. can be served by the
City of Aspen water dept. with waDer service. There is no problem
being forseen in deli~ering this service.
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Aspen Water Dept.
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April 25. 1979
Planning Dept.
Ci ty of Aspen
To Whom It May Concern:
The Shoaf -Ri vin."View Subdi vi sion. formerally the Adolph
Barrailer residence at 117 Neal Ave.. can be served by the
Rocky Mountain Natural Gas Co. with gas. There is no problem being
forseen in hooking up this residence to our gas lines.
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Will~~~pe~
Rocky Mountain Natural Gas
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April 25. 1979
Planning Dept.
City of Asp:en
To Whom It May Concern;
The Shoat-River View Subdivision. formerly the Adolph
Barrailer residence at 117 Neal Ave..can be served by the
Canyon Cable T.V. Corperation. There is no problem forseen
in hooking up this residence to our cable T.V. lines.
Sincerely;
.~ ~cfie, ~
Canyon Cable T.V. Corp.
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ASPEN METROPOLITAN SANITATION DISTRICT
Box 2810 Aspen, Colorado 81611 303/925-2537
{l,pril 23, 1979
Planning Dept.
City of Aspen
To Whom it May Concern:
The Shoaf-Riverview Subdivision and specifically the former Adolph
Barrailler house at 117 Neal Ave, can be served by the Aspen Metvopolitan
Sanitation District. There is no problem being forseen in hooking up this
residence to our line in Neal Avenue.
Sincerely
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Heiko Kuhn, Manager
Aspen Metropolitan Sanitation District
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U-i.IFE TITLE INSURANCE Company of Dallas
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Commitment
for Title Insurance
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USUFE Title Insurance Company of Dallas, herein called the Company, for 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 Schedules A andS 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 ceas~
and terminate 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.
Schedule A
1. Effective date May 3,
2, Policy or policies to be issued:
1979
@ 8:00
Case No.
79-04-83
ASPEN TITLE COMPANY
Inquiries directed to 925 - 4 4 4 4
A.M.
A. AlTA Owner's Policy Proposed Insured:
Amount$ 250,000.00 Premium $
Tax Certificate
599.50
5.00
JEFFREY S. SHOAF
and/or nominee
B. ALTA loan Policy Proposed Insured:
Amount Ll:Q2-LQ,O 0 . ~_ Premium $ _--.3 0 . 00
ADOLPH BARRAILLER and KATHERINE T. BARRAILLER
c,
Amount $_._.__~__ Premium $__
3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto is
at the effective date hereof vested in:
ADOLPH BARRAILLER and KATHERINE T. BARRA ILLER
4 The land referred to in this commitment is described as follows:
PLEASE SEE EXHIBIT "A" ATTACHED TO AND MADE A PART HEREOF
Schedule 8-Section 1 Requirements
The following are the requirements to be complied with-
Item la) 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:
(c) Deed from Adolph Barrai1ler and Katherine T. Barrai11er vesting fee
simple title in Jeffrey S. Shoaf, and/or nominee.
(d) Deed of Trust from Jeffrey S. Shoaf and/or nominee to the Public
Trustee of Pitkin County, Colorado for use of Adolph Barrai11er and
Katherine T. Barrai11er to secure $100,000.00.
(e) If grantee is other than Jeffrey S. Shoaf, additional requirements
and/or exceptions may be necessary.
(f) Upon receipt of current survey, file must be returned to our
examiner for possible further requirements.
(OYER)
Formerly DALLAS TITLE AND GUARANTY COMPANY
FORM 105 (CO) 1QM1077H
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EXHIBIT "A" ATTACHED TO AND MADE A PART HEREOF
1/79-04-83
LEGAL DESCRIPTION
A tract of land in the SW 1/4 of Section 7, Township 10 South,
Range 84 West of the 6th Principal Meridian, Pitkin County, Colorado
being more fully described as follows:
Beginning at a point on the westerly right-of-way of Neale Street,
said point being N 17054'30" W. 416.60 feet from the South 1/4 corner
of Section 7, Township 10 South, Range 84 West of the 6th Principal
Meridian (a 1954 brass cap) said point of beginning being the same as
the northeasterly corner of the property in Book 296 at Page 307, Pitkin
County Clerk and Recorder's Office; thence N 53014'00" W. 132.59 feet
along the northerly line of property described in Book 296 at Page 307
thence N. 30055'18" E., 209.64 feet, to a point on the southerly line
of the property described in the decree for Civil Action No. 5160,
District Court, Pitkin County, Colorado, recorded in Book 292 at Page
939, Pitkin County Clerk and Recorder's Office; thence southeasterly and
northeasterly along said southerly line, more fully described as
S 37032'00" E, 36.67 feet; S 63042'00" E, 3.55 feet; thence N. 3l005'OQ"
E. 4.48 feet; thence S. 63042'00" E. 109.14 feet to the westerly right-
of-way of Neale Street; thence departing from the southerly line of
Civil Action No. 5160 and following the westerly right-of-way of Neale
Street southwesterly S 18034!54" W. 62.31 feet; thence S. 24019'50" W.
96.01 feet; thence S. 33008'25" W. 63.85 feet to the point of beginning
containing 30,001 square feet more or less.
Pitkin County, Colorado.
RECEIVED FROM ..J:effre,}LSA~.sho.a:Land/..ox-.Nominee
Purchaser *,;}~~*~),the sum of $..lQ.,J1 0 0 . 00 in the fOrln of -P.e-xSOllilL_c.heck
to be ~ relen.~.e.d..-.:to!=:.p 11 PoT" ~broker,'in his escrow ortrustee account,
as earnest money ahd partpaymentf~rthe following described re.al estate situ.ate inthe ~y--,>..f....--Asp..eD.-
County of Pitkin Colorado, to wit:
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Co\ondu Rul Ellatf' Commi.lliori(SC29~12.77)
RECEIPT AND OPTION CONTRACT
(RESIDENTIAL)
See Exhibit A attached hereto and incorporated herein.
with all 'improvementsthereonand,allflxturesofa permanent nature currently on the premises except as hereinaf-
ter prQvided, in their present condition. ordinary wearand tear excepted, known as No.
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which property purchaser agrees to huy upon the following terms and conditions, for thepuTch-ase price of I:
$~....J) 00. 00 "pay.hle as follows: $10, 00 a...-OIllerehy receipted for, $1.40 .000.160
in cash or certified funds upon closing, and the balance of $100,000.00
in the form of purchaser's promissory note, bearing inter~st at the i
rate of 10% per annum, secured by first deed of trust encumbering the;
subject property. See adoendum for additional terms of said note and
deed of trust.
Cost of any, appraisal forloanpurposes to be obtained after this dat(~ ~halrhe paid by ~UL.c.has_eI--,......:....~
1. IXlI!~~~~M~\lf~llil>{i.~-X~)(i)(~;n..~~~,)j;,m'li~~~j{<<i~~IlIij{j{ilIK~~if>WlmJ(: l'
~~J:l:~~l<M~~lOSXHKlGKJXOf.~li!ffiX<Kll<lXK;l<~=-XXXXXXXXXXXXXK:W\~'X~<li~K
~1>t<A">010tCWX**(lr..Y.xxxxj!o;<XDl=}[~llioXXMl>&f:SX"''''''0{i:('''''X:l@{il<&-~ilW.;K*K~;;W.&I!;;>th1l<~Wij{
et~Jl5~.mdj(iOKOOxq:!orn>:lIEIXlXOO~X~XO<<n{iHlXXICJm:l~~MXKNtilK~ll:M-*lllHiml K~3lM~XK
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If a securedorunsecured.loan is to be carried by the seller; seller shall not be obligated to carry said Joan for any
person or entity in lieu of the purchaser named herein.
2. 'Price to include any ofth~following:items currently on the p'remise!:i: Lighting, heating and 'plumbing fixtures;
all outdoor plants, window 'and p.ol'chshades, venetianhlinds; storm windows, storm doorg, 'screens, curtain rods,
drapery, rods, central air conditioning-, v('nhl,ating fixtures, attached TV antennas, attached mirrors, lino:eum,
awnings, 'w.ater softener (if owned b): seller), fireplace screen and g'r~tte, built-in kitchen appliances, waHto wall
carpeting refriger.at.o,r
all in 'their present condition, free ahd clear orall taxes, liens and: (>nt'umbra~ces except as provided in paragraph 4;
provided, however; that the following-fix'tures ofapermanent nature are excluded from this sale:
,
3.~s-t~:w.t>tlXtXxat<kI>>'1(p{'~,)CrexttiJc~;t~X)QK;A('u IT('nt ('omfl)itme-nt for title insurance policy in an
amount equal to the purchase price, at seller'sOXXQ\l~K expense, i::.hall be furnished the purchaser on or before
.Aug.ll ~+- ? 2~ 191..9-. if sellereleds to furnish said title insurance commitment, seller will
deliver the title in sure nee policy to purcha::er after closing' and pa)' the premium thereon.
4. Title shall be merchantable in thc,~eller, except as stated in t.hisparagraph and in paragraph 10. Subject to
payment or tender as above proviuedanu compliance with the' other terms and conditions hereunder by purchaser,
the seller shall execute and deliver a good andRufficient___.q,enera~ warranty deed to said purchaser on
Spp+-pmhpr ? R . , 19.1.9_:. or, by mutual ag-reernent, at anearlier:date, conveying said property free and
~clear of aU taxes,except the general taxes for 1929-. payable January 1,19-8.tL and except
free and clearofall1iens for specia!improvements now installed, whether assessed or notjfree and clear of all liens
and en,cu'mbrances excepteasem('nts for telephone,electricity, wale-i' and santitary sewer,andexcept
easement for As..a.~n Di tcl1~n.d mine.r.1'l.J., reservatiQ.ns of record
and subject to huildi:1.gand zoning regulations, anrl restrictive covenants ofrecora,
Any encumbrance required to be paid may be: paid at the~if11e of:-;ettlementfromtheproceeds ofthi" transaction
orJromany other source.
5. General taxes for the year of closing shall be a:pportioned to date ofdelivery of deed based on. the most receml't
levy arid the most recent assessment. Prepaid rents, water rents, sewer rents, FHA mortgage insu;rance prem;'uMs
and interest on encumbrances, if any, and _ ?'ILY._Q.S.,>e_S$!nents _.Q.ue.-to--<:ity_.oL..Aspen and
special illJP-..t:overnent__d.is..tric.La.s.sessment '"
shall be apportioned to date .of delivery of deed.
No.8C20.12.77. R~nip'.ndOplion Contra(lllh'"jdt"ntiall Hra<lfordPubli~hinJ{ ('I.., lJo'4G Stout ~trt"'~t, l)t"n~'er, CO]!I. (573.50Ii) ,-6.78
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6. The hOlJ rand place of closinK shall be as{iesi~nated by _s:~_Ue.r
7. "'PQ$se's~ionof premises shall b~ deli,vered to.pu rchaser onQJ..Qs.:i.n9~_L...S.e.ll.e~~pti o~.,
_i~ect tc:>_oc~uPh1;:I1,:.pr':lllJ.se.5'_. for a penod of up to sixtvdavs
subJect t~R~'lt,l(~1;(g~easg of(ei?a~~~!'~ ren tfree.
None as
If the srelUQr failsto deliver-possel:ll'iion ~K~KlXherein specified,the seHer shall be subject to eviction and, shall be
liahlelJiJll a daily rental of $-SO"..O'O----:--~__ until possession isdelivered.
at ifn the event the premises shall be damug-ed,by fire 'Or ot~er casualty prior to time of~losing, in an amtl1.int of not
mo,n: tthant(~n per cent of the total purchase price, the sel,ler shall be oblig-atedto repair the same before the date
hereil.'1 provided for delivery of deed. In the eve-nt such damage cannot be repaired within said time or iCSllCh damage
sh:aUexceed such sum, this contract maybe cancelled at option of pur~haser. Shouldthepurchaser elect to carry out
tlOOs agreement despite such damage,such pur-chaser shall be e,ntitled to all the credit for the insurance proceeds
l:..e19.lting from such damage, not exceeding, however, the total purchase price. Shoul-d any fixtures o'r services fail
!3et:ween the date 6fthis agreement and the date of possession or the date of delivery of deed, whichever shall be
eulier, then the seller shall be responsible, for the repair or replacement of such fixtures or se.rvices with a unit of
Sliimilarsize-, ag:e and quality, or an equivalent credit.
9. Time is of the essence hereof, and jf any payment or any other con-dition hereofisnot,made, 'tendered or
}pfrformed ,as herein provided, there shall be the following remedies. In the event a payment or any other condition
Itereof is not made, tendered or performed by the purchaser, then this 'contract shall be null and void and of no effect,
and both parties hereto released frf?m all obligations hereunder, and all payments made hereon shall .be retained on
behalf of theseUer as liquidateddama.'{es. In the event that the seller fails to perform any cond,ition hereof as
provided herein, then th~ purchaser may,at his election, treat,the contr.actas:terminated. and all payments made
hereunder shall be returned to thep~rchaser; provided, however, that the purchaser may, at his election, treat this
contract as being in full force and effect with the right to anac.tionJor specificperfo,rmance and damages.
10. Ex-ceptas stated in paragraph -1, if title is not merchantable and written notice of defect(s)is given' by the
purchaser or purchaser's a~~.mt to the seller or seiler's agent withinthe ti,me herein proyided for delivery of deed and
shall not berenderedmerchantablewithin30daysafter such written notice. then this contract, at purchaser's option,
sha.ll be void and ocno'effect and each p-artyheretoshaItberdeased,from all oblig-ationshe,reunder and the payments
made' hereunper' shaUbe,' returned, forthwith topurcha$er lipon return, of t.he ubstract,if,any, to seller;, provided
how€ver,that in lieu <?f correcting ,such defect(s), seller may.-within said.'30days,obtain a commitment forOwner's
Titre Insurance Policy in the amount of the purchase price reflecting title insurance protection in ,regard to such
defect(s), and the purchaser shall have the option of accepting the then existing insured title in lieu of such
merchantable title. The ::;ellershall pay the full premium for such owner's title insurance policy, and the abstract. if
any,shaUbereturned by thepu.rehaser.
11. ...\.dditional provisions:
See Addendum attached hereto and incorporated by reference herein.
the ~eI1er in writirig,()n orbefore..~ r-1arch 15
.eHe.r and purchaser and shaH inure to the benefit
!5/7Zgent
Date
19-I.9.. this
of the heirs,
RUrchaser
Date
Seller accepts the above proposal this -15_day of MrI r("tn '1 _lHlJ.oI~1!lH
:HIHllJ[X~~&K=K~~K~~JpN~~lt&;l{""'K~~m.1~M;ltlUt~Kl'QX;,:';k~K=:
_KlID!>>~~il:a<lK~KMK**K~~K*i:lIll:_~litl(XOl>X~lQNX!Kllt1$eKll(tIdX~
~Xl>W.E!6J<m~1<l.:QKI>Ut::;;MX~a:OflX~~li:,:>>.Kd<tJlK~Wi:(_.
Seller
Purcma.ser's'Ad-dress
925-4514
Seller's Address
117 Neal Street, Aspen, Colorado 81611
925-2244