HomeMy WebLinkAboutcoa.lu.su.Smuggler Concep.74-80
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No. '7lf:-80
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CAS [LOAD SUMMARY SHEET
i City of Aspen '
1. DATE SUBMITTED: . /Lf~ STAFF:
2. APPLICANT:~i>>~' I-\twJ().'f- 'Pavk 'PQ\(1.r~.nbif
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3. REPRESENTATIVE:..JClhn N1[qr\S
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4. PROJECT NAME: ')1~~-rr~ilDr PaI/L Ul\cqm\~J Supfll,/SSl~,
5. LOCATION: Gt bS6'I''' t.\IOW-L wJ SYYlU:Q/ 'Sh-ur
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6. TYPE OF APPLICATION:
Rezoning
P.U.D.
Special Review
Growth Management
HPC
('~~t,Ml n flpll'(Ai~fV
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-J::i:-SUbdi vi si on
I Exception
i Exemption
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I 70:30
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I Residential
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Bonus
Stream Margin
____8040 Greenline
____View Plane
____Conditional Use
Other
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7. REFERRALS:
~Attorney
~Engineering Dept.
-Z-HOusing
~Water
~City Electric
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~P\'L N~
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~Sanitation District ____School District
I )\ Fire Marshal ~ROCkY Mtn. Nat. Gas
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i Parks ____State Highway Dept.
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[ Holy Cross Electric Other
~Mountain Bell ----
8. REVIEW REQUIREMENTS:
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9. DISPOSITION:
P & Z
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Approved
Denied
Date
Counci 1
Approved
Denied
Date
10. ROUTING:
Attorney
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Builqing
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Engineering
Other
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TO:
Mft!Q.!!:A~!2.,~
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Aspen Plann~ngland zon~n~c~~ on
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Aspen Mountainlpark (AMP) ~,,~ \
AMP's RespOnse$ to Planning Office (Alan Richman)
Conditions for I Conceptual Approval -- Smuggler Mobile
Home Park [
FROM:
RE:
DATE:
May 12, 1981
1.
AGREED. Parcel B i~ being deeded to Pitkin County and access
will be supplied by [the County. Parcel C is to be accessed by
a new feeder road tq be installed by AMP. See submission,
Map 2. I
2.
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AGREED. AMP has an4 will continue to work with the County in
an effort to negotiite a road right-of-way.
AGREED. AMP will p*ovide a totally new sewage disposal system
that meets the stan4ards of the Aspen Metro Sanitation District,
and has already ini~iated all necessary engineering work to this
end with wright-MCL4ughlin and the Sanitation District.
Estimated cost: I
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4.
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AMP will p~ovide a totally new code complying electrical
Estimated ~ost:
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AGREED. AMP will p~ovide a totally new code complying gas
distribution system~ Estimated cost:
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AGREED. AMP will p*ovide adequate drainage (drywells) per
City Engineering sp~cifications. Estimated cost:
AGREED.
system.
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7.
AGREED. It should ~e noted, however, that Parcel E was sized
in an effort to arr4nge for the maximum feasible open space for
the park residents. ' The land itself is zoned SPA and so there
is no zoning standaJd. Moreover, any enlargement of this parcel,
as recommended by t~e Planning Office, will result in a reduction
of land otherwise tq be conveyed to the tenants (the Cooperative).
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AGREED. All street~ will be privately maintained, including snow
removal. I
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AGREED. AMP will d~dicate to the City a right-of-way to accommo-
date expansion of G~bson Avenue and Spruce Street, per the City
Engineer I s request. [
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AGREED. However, ~P and the Planning Office have agreed that
portions of the Mob~le Home Code (a) are not consistent with the
Settlement Agreemen~, which this Conceptual Submission is to im~
plement; and (b) ar~ not necessary to the Planning Office's re-
view. Consequently~ portions of this information need not be
supplied. [
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AGREED. In order t~ expedite the drafting of applicable rentals
and resale price gu~delines, AMP has arranged meetings with the
City and County Housing Authorities. AMP has been given to
understand that proposed guidelines will be shortly forthcoming.
It should be noted, Ihowever, that under the Settlement Agreement
(page 4, paragraph 4) responsibility for the promulgation of
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MEMORANDUM
AMP to P&Z
May 12, 1981
Page Two
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rental and resal~ price guidelines is that of the City alone,
which must fashibn those guidelines in the manner in which
the City determires to be in its better interest.
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12. AMP and the ParkiTenants will, in all cases, attempt to meet
all applicable cpdes. Agreements with respect to capital
improvements, de~cribed above, evidence this. Total code
compliance is no attainable. In keeping with the spirit,
intent and lette of the Settlement Agreement, however, AMP
has inventoried ~ny departures that may be involved from
applicable codes I in order that such codes might be amended,
or the Agreement I implemented throug the flexibility f the
SPA/PUD process.:
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LAW OFFICES
BROOKE A. PETERSON
611 WEST MAIN STREET
ASPEN. COLORADO 81611
<303> 925.8166
ME M 0 RAN DUM
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DATE: April 28, 1981
TO: City of Aspen
Planning and Zoning Commission
FROM: Brooke A. Peterson,
Attorney for Smuggler Mobile
Homeowners' Association
RE: conceptual Submission for
Smuggler Mobile Home Park
The comments of the mobile homeowners have been requested
by both the Planning Department of the City of Aspen, and by
various individual members of the City Planning and Zoning
Commission. The following are the comments of the mobile
homeowners' association and the board of directors.
First of all, it may be said that the plan presently
in front of you for review is the culmination of approximately
two (2) years of negotiations and struggle concerning the
future of The Smuggler Mobile Home Park. This matter comes
before you after many hours of discussion between the mobile
homeowners, the Aspen Mountain Park Partnership and various
representatives of the City of Aspen. This discussion is an
on going one, and while the mobile homeowners and the owners
of the park are in substantial agreement concerning the future
of the park, many of those details must be finalized.
What has been presented by the representatives of the
owners is a plan that was altered as late as Wednesday, April
23, 1981, after a lengthy meeting once again between represen-
tatives of the owners of the park and .the board of directors
of the homeowners' association. The conceptual plan, as
understood by the mobile homeowners, now calls for: (a) twenty
(20) new mobile homes to be constructed on the northerly portion
of the park; (b) two (2) new mobile homes to be constructed on
the westerly portion of the park; (c) for both the homeowners
and the owners of the park to share in the cost of additional
improvements over and above the amounts of money that were
committed for the improvements of the park by the owners of the
park pursuant to the settlement agreement; and (d) for certain
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Memorandum
City of Aspen
Planning and Zoning Commission
April 28, 1981
Page 2,
of the existing mobile homes to be resituated within the
present park, in order to alleviate congestion and to
increase the uniformity of the individual spaces. These
compromises where reached only after. a firm a~alysis and
firm proposals with re!'lpect to the cost of the necessary
improv~ments to the park were submitted by various City
and/or qllasi-municipal ag~nci~s,.. including, but not limited
to the Holy Cross Electric Company, Rocky Mountain Natural
Gas Company and the Aspen Sanitation District.
A major area wherein there has been no final resolution
of the concerns of the mobile homeowners and the City is the
question of future resale restrictions upon the mobile homes
and upon the property upon which they sit. It is recognized
by all parties concerned, that these restrictions are
necessary to keep the purchase price of the mobile homes
within the financial capability of Aspen's employees. The
single greatest difficulty in achieving this goal is the
fact that the money being borrowed by the cooperative,
the entity which is going to be purchasing the park proper,
must be borrowed at a rate approaching two (2) percentage
points above the prime lending rate. If the prime lending
rate continues to remain at its present level, it is
conceivable that the lending rate for the mobile homes
will be in the eighteen (18) to nineteen (19) percent range.
Given this interest rate, a proper return certainly does not
adequately reflect itself in a return limited along the
guidelines that have been used for the limitation on resale
in past Pitkin County projects. This area is of grave
concern to the mobile homeowners and they are in the process
of resolving this matter with the City authorities.
The physical nature of the park will be vastly improved
by the contemplated improvements. Unfortunately, we cannot
add new land to the park or accomplish major spatial changes,
given the present nature of the park. We can, however, begi~
to correct some of the deficiencies in the services within
the park, and to create a better living environment by virtue
of the contemplated improvements. These improvements are of
a vital necessity, a situation recognized by both the owners
of the park and the mobile homeowners' association, and
should be started as quickly as possible. Unfortunately,
they cannot be started until both the PrOposed.d~velOPment of
The Smuggler Mobile Home Park and the Pitkin Reserve Project
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Memorandum
City of Aspen
Planning and Zoning Commission
April 28, 1981
Page 3,
have been approved, due to the nature of the settlement
agreement betw~en the parties. The situation is such that
time is literally of the essence should we hope to begin
any of the improvements during this summer's building
season, and should we hope to be able to stay within the
e'stimates which have been provided to us by the various
contracting agencies.
The park, in and of itself, will be organized into a
cooperative ownership. In other words, one entity, The
Smuggler Mobile Homeowners' Park Association, a cooperative,
will own the entire piece of real property. The individual
mobile homeowners will be given a permanent lease upon
their real property space and a share in the cooperative both
of which, when taken together, represent their ownership
interest in the real property itself. The reason for the use
of the cooperative is to enable the Association, as a whole,
to determine the proper use of the land, to simplify the
management of the park, and to facilitate the acquisition of
the mobile home park. A cooperative will also allow the
homeowners, should they ever determine that it would be in
their best interest to sell the property as a whole, and/or
to erect permanent housing structures for their own use on
the property, within the confines 6fthe land use regulations
of the City of Aspen.
The Smuggler Mobile Home Park is a vital source of
employee housing in this community and all parties to a
compromise agreement, in spite of their disagreements as to
the interpretation of that document, recognize that fact.
It is hoped that the Planning and Zoning Commission will
also recognize the nature of The Smuggler Mobile Home Park,
and help all of the parties to not only preserve the nature
of the mobile home park, but also to cause it to be improved
by allowing this new arrangement to come to fruition, accom-
panied as it will be by additional employee housing units,
and by substantial improvements to the existing park.
Copies sent to: The Ci
The Aspen City Manager;
Hughes, Esquire and The
iation
Aspen, PI n ing and Zoning Commission;
City of Aspen Housing Director; Robert
Smuggler Mobile HOmeowners' Park Assoc-'
COMl"l..lt:'f[ !:NGINlE:f:IltIN... SEIIt,/iC:lla
ltot TH\..~,..CIA~" "1;1..05 Ol"
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WAT!:1It 5U""I." "'NO D4STRI8UTION
W"'TEIIt AND SEW"'GE TRE...TMIE:NT
SItWAG( COLI.ECTION 'AND ~[USll:
IITOIltM DRAINAGe;
,.,1Illl: PROTECTION
I'LOOO CONTROl.
OTHE,. WATI:1Il.0AIIENTI:D PROJECTS
WR1G HT-McLAUO H Ll N ENG IN EERS
ENGINEERING CONSULTANTS
Mr. John Hawkins
Interwest, Inc.
710 East Durant
Aspen, Colorado
Street
81611
February 18, 1981
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RONALD c: MC:LAUC)H IN
KENNtTH lit. WAIGHT
HALFORD E. 1:""CI\50
DOUGLAS T. SOV!:RN
WfLLIAM C:. TAGG"'RT
DAVID J. LOvt
"OltERT L. CA"l.EY
RONALD It. CLONING!:
"AMES It. "-LOOO
JOHN T. Mc;LANE
GIENE A.. ltUARELL
WILLIAM R. KEND"'LL
MICHAEL E.. MERCER
"OHN~l.AUM
JIMMIE O. .....HITFIELD
ROBERT A. FE.RGUSON
.I. HAROLD ROBERTS
JACK W; STl!:INMltVI:R
LEAHOER L. URMY
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2.420 ,ALCoTT $TRI:ET
DEN.VER. C:OI..O"AOO'IIO::t, ,
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ASPEN
RE: Aspen Mountain Park
Sewage Collection System
Dear Mr. Hawkins:
At your request we have reviewed the adequacy of the existing Aspen
Mountain Park sewage collection.
The area is presently served by a predominantly 4-inch diameter sewage
collection system. As many as 25 units are connected to a common 4-inch
concrete pipe system. The mIDin lines pass under the individual mobile
homes with sanitary tees terminated at each pad. Water lines are located'
immediately next to the sewer mains, with a separation of four to six feet.
The system has been reviewed with respect to state and. local government
standards and found t9have the fOllowing deficiencies:
1. . All collection mains are undersized and subject to frequent hydraulic
overloads.
.2. The separation between water and sewer lines is less than ten (10) feet
minimum thereby creating a potenti.al for contamination of the city water
Supply.
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3. Service connections are sanitary tees with pipe stiIbs ':to .the'pads. The
tee type connections have a tendency to build up solids. A'wye type
connection is required. Many of the serv'ce stubs are below grade
creating a potential for surface drainage waters to enter the sewer system.
It is our opinion that these deficiencies constitute a health hazard
to the community, and require correction.
We recommend that an entire new sewer system be installed in Aspen
Mountain Park. The facilities should be a minimum of 8-inches diameter
for main line sewers and 4-inch for service lines. Each unit should be
served by a separate 4-inch sewer service.
Proposed Improvements are as follows:
BRANCH OFFICES
ASPEN
0139 VENTNQR AVE,NUE
ASPEN. COLORADO 81611
DILLON l.AI<E
DRAWER 8
FRISCO. COlORADO 80443
GlENWOOO SPRINGS
P.'O. eox 219
GLENWOOo SPRINGS;
COLORACo:..U60J
S1'EAMBOATSPRINGS
P;O. 80)( 5220
STEAMBOAT VILLAGE.
COlOAAOO 80499
CHEYENNE
3130 HENOERSON DRIVE
CHEYENNE. WYOMING 82001
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Mr. John Hawkins
Interwest, Inc.
February 18, 1981
Page Two
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Aspen Mountain Park
Sewage Collection Facilities
Sewage Collection Lines
1. 8-inch SDR-35 PVC.Pipe
2272 lineal feet (L.F.) at 18.00jl.f.
$40.896.00
2. Manholes - 9 @.$950.00
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8,550.00
3. Sewer Service Lines
Including 4-inch wye, 50 lineal feet. 4-inchPYC ptpe,
cleanout, and flexible sanitary connection with .
removable 4-inch screw type plug.
88 each @ $850.00 $74.800 00
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Subtota 1
$124.246.00
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4. Contingency for legal. engineering, etc. 30S
$37,274.00
Estimated Project Budget
$161.520.00
If we can be of further assistance. ple~e call.
Very truly yours,
WRIGHT-McLAUGHLIN ENGINEERS
"B~ ~ ~ H
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a es B. Flood. Princlpal
cc: Heiko Kuhn
Tom Dunlop
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ASPEN.PITKIN
ENVIRONMENTAL HEALTH DEPARTMENT
MEI.IORA..'WUH
DATE, December 30, 1980
TO: Sunny Vann, Director
Planning Office
FROM: Tom Dunlop, Director 'lStl
Environmental Health Department
RE: Smuggler Trailer Park Conceptual Submission
The main areas of concern by this office involve the water and
sewer systems serving the existing mobile home spaces. There
is little concern associated with the proposed development other
than assurance that the new water lines be installed in accord-
ance with guidelines set by the Aspen Water Department. Also
that the new sewer lines be installed in accordance with guide-
lines set by the Aspen Metro Sanitation Oistrict.
It has been outlined in the past that existing water and sewer
lines are substandard. This is the result of undersized sewer
lines serving trailers which have caused sewer back-ups into
living units and in one case where a trailer had been moved, the
sewage overflowed onto the ground and ran down the street. It
is also a concern that service on existing sewer lines is almost
impossible due to the fact that the aewer lines were installed
under tl~ trailers rather than in easements or in the roads.
To complicate matters the potable water lines are also installed
under the trailers and in some casas in the same t~nch as sewer
lines. Other water lines are installed in their own trench, but
very close to sewer lines. This is an obvious prOblem since a
minimum lO-foot separation is necessary to assure protection
to the water lines from sewage contamination. It is also known
that substandard sewer line materials were used in parts of the
park when repairs were made in the past.
The immediate public health danger to residents of the park is
a possible deterioration of sewer lines which may challenge the
quality of the drinking water supply. It is also possible that
not only residents of the park could be affected, but the integrity
at the City water mains serving the park may be jeopardized. It
is a reality to expect contamination of the City mains Should
certain conditions exist in the park which could create a vacuum
130 Routh o."'n. St:r_t.
Aapun, Color_ 8181'1
303l925.202D
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Memo to Sunny Vann
Deoember 30, 1980
Page 2
in the water lines and Buck sewage into those linas. This
condition can exist if there is a heavy demand on the water
lines such as a fire in the trailer park or a brOken water
line.
Wright-McLaughlin Engineers will provide this office with
detailed problems they have identified in the existing water and
sewer lines. That information will be passed on to the Planning
Office when it is received by our office.
When this topic is addressed the Aspen Mobile Home Park Code
shoUld be consulted to assure proper trailer connections as
well as service lines into the park.
Due to the complex nature of the water and sewer service, it
is requested that immediate attention and planning be given to
this concern.
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MH10RANDUM
TO: Sunny Vann, Planning Office
FROM: Jay Hammond, Engineering Department ?P\
DATE: December 29, 1980
RE: Smuggler lrailer Park Conceptual Subdivision Application
Having reviewed the above application for conceptual subdivision and made a site
inspection, the Engineering Qepartment has the following comments: The
application as presented represents an adequate conceptual submission and is
acceptable as such. Several questions are raised by the proposed subdivision,
however, as follows:
1. Roads and Rights of Way: There are several road-related questions in
need of attention.
a. This subdivision provides an opportunity to improve the existing
rights-of-way on Gibson and Spruce Streets. The applicant's pre-
liminary plat should include right-of-ways for dedication to the
city measuring 40 feet from the centerline of the pavement on
Gibson and 30 feet from the pavement centerline on Spruce.
b. Parcels Band C would be illegal in that neither parcel as shown
fronts on a private or public street. The preliminary plat shall
include private road easements to these parcels to avoid future
access problems. In a brief meeting on December 18, the applicant,
represented by John Hawkins stated that they may wish to obtain
a letter from the County regarding the disposition of Parcel B
which may mitigate the need for access.
c. It is not clear, at this point, how the internal division of the
trailer park will be handled. It would seem, however, that
specific designation of individual spaces and common elements such
as private streets, utility and access easements, common open
space and drainage basins would serve to prevent conflicts and
define utility corridors.
d. There is one trailer in Space #28 that obstructs the necessary
turning radius for access by fire equipment. This trailer should
be removed or relocated to permit safe access by emergency
equipment.
2. Uti lities
a. Water. The water lines on the property follow alignments located
directly below the rows of trailers. This is an inadequate
arrangement in terms of accessibility in the event of broken
lines especially in view of the questionable conditions of the
various mains. It is currently our understanding that the
applicant does not intend to ask that the City accept respon-
sibility for these lines. The water system within the park would
therefore become the responsibility of the Smuggler Trailer
Park Homeowner's Association within the boundaries of the park.
All new mains constructed to serve new trailer locations shall
be minimum 8-inch diameter ductile iron for distances over 200
feet and shall be tapped and inspected by the City and shall be
conveyed to the City by a Bill of Sale. Any existing lines that
are to be tapped into the new mains shall be valved^to permit
isolation of problems and will not be conveyed to the City. Fire
hydrants served by adequate mains shall be installed in locations
specified by the Fire Marshall.
b. Sewer. It is our understanding that Wright-McLaughlin is in the
process of preparing a report regarding deficiencies in the park
sewer system in need of repair or replacement. This report should
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Page Two
December 29, 1980
pinpoint flow problems, constrictions, areas of inadequate separation
from water lines, and would serve as a guide to necessary improve-
ments. We will reserve comment on sewer improvements until the
Wright-McLaughlin report is available.
c. Electri c. Many of the servi ces in the park are inadequate and will
require upgrading to a safe and serviceable level to be determined
by the electric inspector. Undergrounding will not be mandatory.
d. Drainage. The Smuggler Trailer Park currently has a number of
drainage problems which result in areas of standing water and
pavement deterioration. Any subdivision plan Should include
drainage provisions includingswaled drives, ditches, and deten-
tion ponds on the site. The Engineering Office will assist the
applicant in attempting to locate drainage routes off-site.
The Engineering Department would recommend conceptual approval of the Smuggler
Trailer Park Subdivision provided the owner/applicant addresses the above
concerns throughout the preliminary and final plat stages.
fans
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ASPEN WATER DEPARTMENT
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
PLANNING
JIM MARKALUNAS
SMUGGLER TRAILER PARK AKA ASPEN MOUNTAIN PARK
DECEMBER 16, 1980
I read with interest the settlement agreement and noted that it was the result
of attempts to maintain some reasonable cost to employees. However, at the time
the Park was annexed by the City of Aspen the considerab1y.'reduced water rates
that resulted from the annexation were never passed on to the Park residents.
This reduction in water rates to the Park owners represented a savings, at that
time, of approximately $1000 per month. This occurred several years ago and
caused great consternation here at the Water Department because the savings was
never passed on to the residents.
The Water Department, certainly, wants to cooperate in every way to upgrade the
Park water system. However, the system does not meet any recognizable municipal
distribution standards and is private in nature. Therefore, the Water Department
cannot assume responsibility for the system beyond the present points of delivery.
In no way will Water Department funds be used to upgrade the water system within
the confines of the Park. We will act, however, in a consultant capacity.
It is my position that any improvements to the water system within the confines
of the Park are the responsibility of the present and future owners.
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MEMORANDUM
TO: Aspen City Attorney
Engineering Department
Jim Reents, City Housing Director
Jim Markalunas, City Water
City Electric
Aspen Metro Sanitation
Mountain Bell
Rocky Mountain Natural Gas
FROM: Sunny Vann, Planning Office
RE: Smuggler Trailer Par], Conceptual Subdivl.sion Submissi.on
DATE: December 8, 1980
The attached application requests approval for the conceptual
subdivision for several divisions of the parcel and the addi-
tion of 26 mobile home units to the Smuggler Trailer Park
property. Thl.s item is scheduled to come before the Aspen
Planning and Zoning CommisSion on January 6, 1980; therefore,
may I please have your comments no later than December 24, 19807
Thank you.
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MEMORANDUM
TO: Aspen City AttorneyV'
Engineering Department
Jim Reents, City Housing Director
Jim Markalunas, City Water
City Electric
Aspen Metro Sanitation
Mountain Bell
Rocky Mountain Natural Gas
FROM: Sunny Vann, Planning Office
RE: Smuggler Trailer Park Conceptual Subdivision Submission
DATE: December 8, 1980
The attached application requests approval for the conceptual
subdivision for several divisions of the parcel and the addi-
tion of 26 mobile home units to the Smuggler Trailer Park
property. This item is scheduled to come before the Aspen
Planning and Zoning Commission on January 6, 1980; therefore,
may I please have your comments no later than December 24, 1980?
Thank you.
No
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MEMO.RANDUM
TO: Aspen City Attorney
Engineering Department
J:im .Reents , City Housing Director
Jim Markalunas, City Water
City Electric /.
Aspen Metro Sanitation
Mountain Bell
Rocky Mountain Natural Gas
FROM: Sunny Vann, Planning Office
RE: Smuggler Trailer Park Conceptual Subdivision Submission
DATE: December 8, 1980
The attached appli.c8.U.on requests approval for the conceptual
subdivision for several divisions of the parcel and the addi-
tion of 26 mobile home units to the Smuggler Trailer Park
property. Thi.s i.tem is scheduled to come before the Aspen
Planning and Zoni.ng Commj.ssi.oll on January 6, 1980; therefore,
may I please have your comments no later than Deeember 24, 1980'1
Thank you.
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MEMORANDUM
TO: Aspen City Attorney
Engineering Department
Jim Reents, City Housing Director
Jim Markalunas, City Water
City Electric
Aspen Metro Sanitation
Mountain Bell
Rocky Mountain Natural Gas!'
FROM: Sunny Vann, Planning Office
RE: Smuggler Trailer Park Conceptual Subd:i,vj,sion Submission
DATE: December 8, 1980
The attached application requests approval for the conceptual
subdivision for several divisions of the parcel and the addi-
tion of 26 mobile home units to the Smuggler Trailer Park
property, This item is scheduled to come before the Aspen
Planning and Zonj.ng Commission on January 6, 1980; therefore,
may I please have your comments no later than December 24, 1980?
Thank you, .
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SMUGGLER TRAILER PARK
CONCEPTUAL SUBMISSION
Aspen Mountain Park Partnership
c/o Interwest Realty
710 E. Durant Avenue
Aspen, CO 81611
925-2772
John Hawkins
December 6, 1980
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SMUGGLER TRAILER PARK
CONCEPTUAL SUBMISSION
In compliance with the City of Aspen Land Use Code and
the Special Planning Area Zone category, the Aspen Moun-
tian Park Partnership hereby submits this conceptual
presentation for consideration and approval by the City of
Aspen. .
This application requests that the conceptual submission
subdiVision approval be granted and that approval be granted
for the proposed development.
THE SITE
The site consists of approximately 11.8 acres bordered
by Gibson Avenue and Spruce Street on the South and West,
and pitkin County to the North and East. A vicinity map
is provided as Exhibi t I.
Currently, 87 mobile and modular homes are in place on
the 89 available spaces, in the central portion of the site.
These homes have traditionally been a major source of employee
housing for the City of Aspen, due to their reasonable
price and location convenient to town and bus transportation.
PROPOSED PROJECT
This proposed project has been agreed to by the City of
Aspen, the Smuggler Trailer Park Homeowners Association,
and the Aspen Mountain Park Partnership (see attached Settle-
ment Agreement) .
The project consists of subdividing the site into 5 parcels
(see maps I and II):
MAP DESIGNATION
A The central, major parcel (approximately 8.79 acres
encompassing current trailer locations) will become the
Smuggler Trailer Park Cooperative, where current Park
residents will have the collective right to purchase
their mobile home spaces for approximately $25,000 per
space.
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Page Two
Smuggler Trailer Park
Conceptual Submission
B The small quadilateral shaped parcel to the North-
east (approximately .43 acres) will be retained by
the Aspen Mountain Park Partnership.
C/D- The two parcels Northeast and West of the Coop~rative
(area totalling approximately 2.33 acres) will have
26 additional mobile homes placed. Consistent with
the employee orientation of the development, these
homes and spaces they occupy will be offered for
sale (either on a fee simple or condominium basis)at
a purchase price not to exceed $70,000. To maximize
the open space available, trailers will be placed in
a duplex arrangement.
E The small (approximately .25 acres) triangle to the
South will have relocated on it the Victorian-style
single story frame house currently situated on the
western border of the property.
SMUGGLER TRAILER PARK COOPERATIVE - PHYSICAL
TRAILER RELOCATIONS/ADDITIONS
To accomodate the 26 new employee mobile homes, only two
existing Smuggler trailers will have to be relocated within
the Cooperative portion of the property (#15, #84). These
will be moved, at the applicant's expense, to locations
close to their current sites.,. as noted on the attached map II.
Two units will be placed within the Cooperative on open
existing sites (#35, #88), bringing the total number of
trailers to 89. See map II for details.
TRAFFIC FLOW
To eliminate the dangerous i.ntersection at the middle oJ;
the Southern end oJ; the Park (fronting on Gibson Avenue,
facing Neal Avenue) and to improve traffic flow, thLs entrance
to fhe Park will be relocated to the Southeast corner, in
line with the existing North-South Park road.
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Page Three
Smuggler Trailer Park
Conceptual Submission
UTILITIES SERVICE
SMUGGLER TRAILER PARK COOPERATIVE
As part of the sales agreement to current mobile home
residents, the Aspen Mountain Park Partnership will
provide a fund of $2,500 per space sold, to be applied
to utilities and Park improvements, if and where necessary.
26 ADDITIONAL MOBILE HOMES
On parcels Northeast and West of the Cooperative, new
utilities (water, sewer, electricity, gas) will be installed
to service the 26 additional mobile homes.
RESALE PRICE CONTROLS
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Consistent with the controlled employee housing nature
of the entire project, all spaces (coop and expansion units)
will be restricted in terms of resale price controls on
trailers and spaces. Controls will be determined by the
City,.to further the community's better interests.
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EXHIBIT
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MOFFATT
DAKAN
GUY
ASSOCIATES PC
GLENWOOD SPRINr.~ ' I'nl nn A "^
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SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT made this ____ day of
,. 1980, by and among the Aspen Hountain Park
Partnership, a Colorado General Partnership ("AMP"), the City
of Aspen ("City") and the Smuggler Trailer Park HomeOlvners
Association ("Association").
WHEREAS, AMP is the owner of the Aspen Hountain Park
("the Park") formerly the Smuggler Trailer Park, a mobile home
park consisting of approximatel.y 87 mobile home sites, situate
within the City of Aspen upon the real property more particularly
i described in Exhibit "A" hereto (hereinafter sometimes th.~ "real
property"); and,
WHEREAS, the Association is an association of the
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I residents,. or owners, or both of the Park; and,
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I resale price controls by deed, covenant, legislation, or
I employee housing inventory of the City; and.,
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'with a view toward developing the entire.real property into a
WHEREAS, although not restricted in terms of rental and
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the Park historically has supplied a significant portion of the
WHEREAS, AMP purchased the Park for investment purposes
first class mobile home rental park; and,
WHEREAS, 'on October 9, 1979, AMP issued to tenants a
WHEREAS, in active negotiations, the City and AMP have
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of a substantial rent increase for mobile home spaces
the Park; and,
WHEREAS, in response to such rental increase, the City
threatened and began the preliminary institution of eminent
domain proceedings; and,
pursued the resolution of on-going disputes concerning the
Park in ~elation to (a) the monthly rents charged by AMP per
mobile home space, (b) the installation of capital improvements
in the Park and (c) the preservation of the Park as a ~ource of
housing for local employees by means of condemnation, rent
control legislation, or the like; and,
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WHEREAS, AMP and the City finally entered into the
Agreement in Principle attached hereto as Exhibit "B" with a
view toward resolving the disputes above-described pursuant to
I which, inter alia, the City was to purchase the Park from AMP
! for resale to the owners of the mobile homes; and,
WHEREAS, neither the City nor the owners of mobile
homes within the Park were able to consummate the purchase of the
Park pursuant to the Agreement in Principle due to financial
limitations; and;
WHEREAS, due to a combination of the constant threat of
condemnation, resident unrest caused by potential displacement,
and inadequacy of rents due to controls directly imposed by the
City, AMP has agreed to divert from its original intent to
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develop the , entire real property as a first class mobile home.,
rental park and has decided instead to liquidate its investment
in the entire real property; and,
WHEREAS, in an effort to arrive at a mutually
has expended considerable sums
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for legal, surveying, architectural,!
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satisfactory settlement of the disputes above-described, A!1P
and project consultation fees at the behest of the City once it
becaIDeevident that neither the City nor the Association
financially were capable of consummating the Agreement in
Principle above-described; and,
WHEREAS, the City and AMP have. agreed that the real
property may best be liquidated. and employee housing 'units preserve
by providing for different arrangements. in connection with differe
portions of the real property; and,
WHEREAS, in order to remove the cloud of threatened
condemnation to protect the City from the possible loss of a
significant source of housing for local employees, and to
protect the investments of Association members in their mobile
homes from escalating rents beyond their control, the parties
are mutually desirous of settling the 'dispute above-described
,
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1.
IMPROVEMENTS TO PARK.
AMP shall, as soon hereafter
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I in the manner hereinbelow set forth, without resort, or further
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Iprem~ses, the making and performance of the mutual obligations
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i and convenants herein contained, and othe.r good and valuable
I consideration, the receipt, sufficiency and adequacy of vlhich
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I hereby are acknowledged, IT IS AGREED THAT:
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las rea~onably may be practical, undertake to relocate below grade
I certain electrical wiring within the Park, relocate and upgrade
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I the water and sewer distribution system due to any relocation of
lexi~ting mobile home9as hereinafter provided; provide for the
[installation of additio~fire hYdran~S at such locations as the
I City may request; and relocate and resurface the roadway system
NOW THEREFORE, in consideration of the foregoing
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within the Park in order to accQmodate any relocation of existing
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I mobile homes and ~u~ning radii sufficient for emergency and
I support vehicles.
I 2. SALE OF MOBILE HOME SPACES.
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I mobile homes within the Park shall have the right, collectively 0
! following the sale or exchange of the Park as hereinafter provide
I to purchase the mobile home spaces for a purchase price equivalen
I to $25,000.00 per~pace. This offer shall remain open for a
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'period of time coterminous with the time required for all parties
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I AMP.and the City will employ their best efforts to arrange
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The present owners of
efforts to complete financing arrangements
in no event later than Qf:.{ohlJ'r--L, 198..
the Association agrees fully to cooperate with AMP and the City
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who elect to purchase their space but. who are unable to qualify
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for conventional outside financing. The $25,000.00 purchase pric
above-provided shall, at the election of the members ot the
Association involved in the purchase, be deemed a mean per. space
price; provided, however, that the Association members shall be
required among themselves to apportion the purchase price as shal
yield, upon closing, a sum equal to $25,000.00 times the number 0
spaces involved in the transaction. In the event that the actual
cost of improvements described in paragraph one (1) hereinabove
is less than the product of $2,500.00 time~ the number of spaces
involved in the sale transaction, the difference shall by AMP
be set aside for the benefit of the Association for such further
improvements to the Park ~s the Association deems necessary or
advisable.
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I 3. STRUCTURE OF SALE. Closing of the p~rchase and sal
I of the mobile home spaces shall be conditioned upon receipt of th
I governmental approvals necessary for the developments hereinafter
I provided and will occur at a mutually agreed upon date as soon
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l11ereaft~r--as~easonably may be practical given (a) the efforts'
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I above-described to arrange financing and (b) .the time required
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to obtain the governmental approvals for such developments. In
order sooner to liquidate its investment hereunder, A}1P shall hav
the right to sell to or exchange with a third party the entire
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I' be entitled to all the rights granted hereunder and shall be boun
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I sale. or exchange, such third party shall in
Such third party shall
Upon the closing of any such
writing assume any an
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Notwithsta~ding such sale or exchangej
AMP shall be entitled to reserve unto itself the rights to develo
all obligations hereunder.
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f int.erestto the end that then and thereafter the entire Park shal
I be and remain controlled employee housing ,,,ithin the meaning of
existing legislation concerning housing of that character, and
as such generally applicable legislation may from time to time
be amended. Any mobile home spaces .that are not sold to the
owners of mobile homes and, hence, become owned by AMP shall
continue either to be rented or later sold by AMP at a monthly
rental or for a sales price, as the case may be, which shall be
consistent with their controlled character. Furthermore, the
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owners of mobile homes who do not elect to purchase their lots
shall. not be entitled to sublet all or any pprtion of their
mobile homes except under such terms as are consistent with the
controlled character of this housing.
5. EXPANSION OF PARK. The Park will be expanded in
size principally in the rear acreage to accomodate 26 additional
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~ mobile homes. Expansion and the relocation of any existing mobil
homes in connection therewith will be done at the expense of AMP
in the manner least in the circumstances intrusive upon existing
mobile homes and in accordance with,a plan prepared pursuant to
Specially Planned Area criteria of the City Code. ~hese mobile
homes and the spaces they occupy within the Park wfll be offered
for sale, unfurnished, at a -purchase price not to exceed $70,000.0
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and appropriately restricted in the manner set forth in paragraph
i 4, hereinabove.
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6.
RELOCATION OF EXISTING SINGLE FAMILY HOME.
The
Ii existing victorian style single-story frame house presently
either resubdivided elsewhere within the real property or, at
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At1P's
discretion, relocated outside the Park.
7.
AMP shall by the City be
FREE MARKET DEVELOPMENT.
given the right to develop 19 free market units on property, as
yet undetermined, either within the City or, if outside, capable
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of being annexed.
This development right shall be transferable
and assignable.
Development shall proceed in accordance with
existing zoning affecting the property or, in the case of annexe
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I property, with Specially Planned Areat criteria.
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The City agrees
(al. to, enact such enabling legislation or amendments to existing
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legislation, including to its Growth Management quota system
legisiation, as would accommodate and permit the foregoing
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development right in exchange for the conversion to employee
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provided that such property otherwise is eligible for annexation I
as eligibility is determined under Section 31-12-104, C.R.S., 19731
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8. RETAINED PARCEL. AMP shall retain ownership of the I
annex any property that may hereafter be acquired by N1P
for the purposes of the free market development above-described,
quadrilateral shaped piece of property consisting of ~ ~ acres
and situate at the northeasternmost section of the property
,
described in Exhibit "A" hereto.
9. FURTHER DOCUMENTS, COOPERATION, GOVEfu~MENTAL
APPROVALS, DISCLOSURE. The parties agree fully to cooperate with
each other to the end that the terms, conditions and provisions
.
hereof shall be fully implemented and effectual and to execute
.such further documetns consistent herewith as may, in the
circumstances, be necessary. The parties recognize'that in order
to effectuate this Settlement Agreement further public proceeding
and applications may be necessary. AMP agrees to process any
such further applications as may reasonably be necessary and the
Association agrees to support such applications that are consisten
such steps and grant such.approvals as are consistent herewith
with this Settlement Agreement. The City, including its staff
and elected officials, agrees, to_~he ~aximum extent permissible,
and as may be necessary.
The parties agree that this Settlement
Agreement and any other understanding shall be fully and publicly
disclosed.
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COVE01i\N1' AGAINS'J' SUIT FOR DMIP,GES.
The pnrtics
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ii agree and acknm.;ledge that no action
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at 1m.; for damages shall be .
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event ~ t eterm~nes reasonabl '
maintainable against the City in the
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:1 and in good faith that enabling legislation to effectuate this
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Agreement may not be passed; provided, however, that the City
acknowledges, agrees and intends that, in reliance upon this
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obligations hereunder, including installation of park improvement i
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arrangements -for financial assistance in connection with the sale
of the Park, and sale of the Park all as above provided and (b)
may enter into binding contracts for the purchase of property for
purposes of free market unit development, all to the end that
principles of vested rights and equitable estoppel, as contrasted
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from monetary damages, shall apply to protect such reliance
activities of AMP notwithstanding the inability of the City to
pass such enabling legislation; and, provided further that in
the event this Agreement shall become the subject of litigation'
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commenced by other than the parties hereto A}!P shall defend,
indemnify and hold the city harmless from and against any and
all costs associated with such litigation.'
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instrument the day and year first above written.
IN WITNESS WHEREOF the parties have executed this
[ ATTEST:
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ATTEST:
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CITY OF ASPEN
ByJf?Jic~1
'.Herll<6.R,) Edcl.,.., !laYE>*!.J:.
1I.J'}?/u..~e.) I.:iehre...--f/ /7}J>T
ASPEN MOUNTAIN PARK PARTNERSHIP
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By,
SMUGGLER TRAILER PARK HOMEWONERS
ASSOCIATION
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II 80-12-05
OWNERSHIP AND ENCUMBRANCE CERTIFICATE
ASPEN TITLE COMPANY
HEREBY CERTIFIES from a search of the books in this office that the OWner of
A Tract of land situated in a portion of EAST ASPEN TOWNSITE, THE East
one-half of the Southwest one-quarter and the West one-half of the
Southeast one-quarter of Section 7, Township 10 South, Range 84 West of
the 6th P.M.
(Please see attached page for full legal description)
Situated in the County of Pitkin, State of Colorado, appears to be vested in
the name of
ASPEN MOUNTAIN PARK
and that the above described property appears to be subject to the following:
1. De~d of Trust from Aspen Mountain Park to the Public Trustee of Pitkin
County, Colorado, for the use of First National Bank in Aspen, to secure
$800,000.00, recorded January 5, 1979 in Book 361 at Page 115.
2. Deed of Trust from Aspen Mountain Park to the Public Trustee of Pitkin
County, Colorado, for the use of Nelson Smith, Jr. and Shirley Claire
Smith, to secure $461,500.00, recorded January 5, 1979 at Book 361 at
Page 127.
3. A Security Agreement from Aspen Mountain Park, Debtor to First National
Bank in Aspen, Secured Pary, to secure $800,000.00, recorded in Book
361 at Page 315.
4. Assignment of Rents and Leases between Aspen Mountain Park and First
National Bank in Aspen recorded January 9, 1979 in Book 361 at Page 319.
5. Assignment of Partnership Interest between Thomas A. Pollak and First
National Bank in Aspen recorded January 9, 1979 in Book 361 at Page 325,
and re-recorded April 2, 1979 in Book 365 at Page 780.
6. Assignment of Partnership Interest between William A Levin and First
National Bank in Aspen recorded January 9, 1979 in Book 361 at Page 330,
and re:recorded April 2, 1979 in Book 365 at Page 786.
7. Assignment of Partnership Interest between Alexander E. Lipkin and
First National Bank in Aspen recorded January 9, 1979 in Book 361 at
Page 334 and re-recorded April 2, 1979 in Book 365 at Page 792.
Please see attached Exhibit "A"
Searched subsequent to December 12, 1978
Although we believe the facts stated are true, this Certificate is not to be
construed as an abstract of title, nor an opinion of title, or a guaranty of
title.
Dated at Aspen, Colorado, this 3th day of December A.D., 1980
at 8:00 A. M.
NOTE: although we believe the facts stated herein
are true, it is understood and agreed that the ASPEN TITLE COMPANY
liability of Aspen Title Company will be limited
to the amount of the fee charged hereunder.
BY ()Q..^(j~"fVl ~ Q
FEE $ 75.00
_,0
.
~
,-.,
EXHIBIT "A" ATTACHED TO AND MADE A PART HEREOF 1/80-12-05
8. Agreement for Amendment of Trust Deed between First National Bank of Aspen,
Lender, Home Savings Association' of Penna. and Gold Mills, Inc., Participants,
and Aspen Mountain Park, Borrower, recorded February 1, 1980, in Book 383 at
Page 64.
9. A Lease between Aspen Mountain Park, Lessor, and Aspen Mountain Park, Lessee,
for Lot 1, Aspen Mountain Park, recorded August 3, 1979 in Book 373 at Page
658.
10. Assignment of Lease between First National Bank in Aspen and Aspen Mountain
Park for Lot 1, Aspen Mount~in Park recorded August 3, 1979 in Book 373 at
Page 656.
11. Trade Name Affidavit for Aspen Mountain Park Partnership, recorded November
14, 1978 in Book 358 at Page 12.
(Please see attached copies of all instruments)
/
.~ ~ ....
~.
..-
ATTACHED TO AND MADE 'A PART HEREOF 1/80-12-05
LEGAL DESCRIPTION
A tract of land situated in a portion of the East Aspen Townsite,
East one-half of the Southwest one-quarter and the West ~ne-half 0
Southeast one-quarter of Section 7, Township 10 South, Range 84 We
the 6th P.M., described as follows:
he
the
t of
BEGINNING at Corner No. 10 of the East Aspen Townsite;
thence North 54052'17" West 58.10 feet to Corner No. 11 of said Ea t
Aspen TOlmsite;
thence North 66011'00" Ivest 142.33 feet;
thence North 05010'42" West 114.35 feet to Corner No. 16 of said East
Aspen Townsite;
thence North 44029'22" West 312.67 feet to Corner No. 25 of said East
Aspen Townsite along the Northerly boundary of parcel of land described
in Book ~05 at Page 579, Pitkin County records; .
thence North 45"12'59" West, 128.83 to Corner No. 24 of said East As en
Townsite along a portion of said Northerly boundary;
thence North 24005'24" East ~39.28 feet;
thence North 37011'41" East 20.25 feet;
thence South 44035'50" East 12.15 feet;
thence North 29003'05" East 102.32 feet along an existing fence and
extension thereof;
thence- South 4.08 feet;
thence North 37011'1.,1" East 154.57 feet;
thence North 78025'15" East 77.68 fect;
thence North 89057'10" East 303.99 along boundary line described in
Book 280 at Page 827 and re-recorded in Book 280 at Page 965. Pitki
County records;
thence South 63044'45"
thence Soutb 81023'42"
tbence Soutb 89025'42"
thence South 54034'55"
tbence South 52047'48"
Aspen Townsite;
thence Soutb 34055'18" West 760.18 feet to
Tile Point of Beginning.
Eas t
East
East
Eas t
\ves t
168.08
183.42
98.00
64.87
188.36
feet
feet
feet
feet
feet
along said boundary line;
along said boundary line;
along said boundary line;
along said boundary line;
to Cotner No. 5 of said East
Pitkin County, Colorado.