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coa.lu.gm.Collins Block GMQS.19A-89.70A-89
CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 3/23/89 PARCEL ID AND CASE NO. DATE COMPLETE: 2737- 073 -39 -001 2737 - 073 -39 -004 19A -89 STAFF MEMBER: PROJECT NAME: Collins Block GMOS Exemption Project Address: 204 S. Mill Street Legal Address: Lots A, B and C, Block 88 APPLICANT: Harley Baldwin Applicant Address: 205 S. Galena, Aspen, CO REPRESENTATIVE: Andy Hecht, Garfield & Hecht & Wayne Poulsen Representative Address /Phone: 601 E. Hyman 0 -1800 Aspen, CO 5 -1936 PAID: YES NO AMOUNT: $780.00 NO. OF COPIES RECEIVED: 1 TYPE OF APPLICATION: 1 STEP: 2 STEP: P &Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: ------------ REFLS: - -- -- V City Attorney Mtn. Bell School District ✓ City Engineer Parks Dept. Rocky Mtn Nat Gas ✓ Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshall State Hwy Dept(GJ) City Electric ✓ Building Inspector Envir. Hlth. Roaring Fork Other Aspen Consol. Energy Center S.D. DATE REFERRED: INITIALS: FINAL ROUTING: DATE ROUTED: ).L \`z 10 INITIAL &"--- City Atty City Engineer Zoning Env. Health Housing Other: FILE STATUS AND LOCATION: (t C. r‘�� ASPEN /PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920 -5090 March 29, 1989 Andy Hecht Garfield & Hecht 601 E. Hyman Avenue Aspen, Colorado 81611 RE: Collins Block GMQS Exemption Dear Mr. Hecht, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that your application is not complete. We are unable to schedule it for review at this time. The following is a list of the items needed to complete the application: 1. Pursuant to Section 8 -105 F of the Aspen Land Use Regulations, submission of the application must be preceded by approval by the Historic Preservation Committee of a Conceptual Development Plan. 2. The application must be specific in addressing the GMQS Exemption standards for Historic Landmarks, i.e. the housing solution must specify the number of employees generated, the percent to be housed, the form of housing (cash -in -lieu, units, etc.) and its location, as applicable. The parking solution must be equally specific. 3. A detailed site plan must be submitted. Five complete copies of the application will be needed to refer the application to the appropriate agencies. You need not include any extra copies of the ownership information which you have already given us. If you have any questions, please call, Roxanne Eflin, the Planner assigned to this case. Thank you. Sincerely, Debbie Skehan Administrative Assistant MESSAGE DISPLAY TO Debbie Skehan CC Roxanne Eflin From: Alan Richman Postmark: Mar 29,89 11:50 AM Subject: Incomplete application Message: We need to send a letter to Harley telling him his application is incomplete for the following reasons: 1. He does not yet have conceptual approval from HPC. His GMQS exemption must reflect an approved conceptual plan. 2. He must be specific in addressing the GMQS exemption standards. His housing solution must specify # of employees generated, % to be housed, form of housing (cash, units, etc.) and location, as applicable. His parking solution must be equally specific. We also need to see a detailed site plan. X ATTACHMENT 1 o2 73 7 do 3— 3q— oa f "'AND USE APPLICATION FORM 0 0 V 1) Project Name Collins Block 2) Project l o c a t i o n 204 S . M i l l Street Aspen, CO 81611 (legal attached) (indicate street address, lot & block number, legal description where appropriate) 3) Prresent Zoning CC 4) lot Size 7,200 sf 5) Applicant's Name, Address & Phone # Harley Baldwin 205 S. Galena, Aspen, CO 81611 (303) 920 - 1800 6) Representative's Name, Address & Phone # Andy Hecht, Garfield & Hecht, 601 E. Hyman, Aspen, CO (303) 925 - 1936 /Wayne Poulsen, c/o The Brand, 205 S. Galena Aspen, CO 81611 (303) 920 -1800 7) Type of Application (please check all that apply): _ Conditional Use _ Conceptual SPA _ C noeptual historic Dev. _ Special Review _ Final SPA _ Final Historic Dev. _ 8040 Greenline ____ Conceptual FUD _ Minor Historic Dev. _ Stream Margin _ Final IUD _ Historic Demolition 1 Mountain. View Plane _ Subdivision _ Historic Designation Oondomiiniumization _ Text/Map Amendment _ GMQS Allotment Int Split /lat Line x GMQS Exemption Adjustment 8) Description of Existing Uses (number and type of existing structures; approximate sq. ft.; number of bedrooms; any previous approvals granted to the p>oPerty) 1st floor commercial - existing sf - 5671 2nd floor residential- existing sf - 4595 xis ing total sq uai re footage (10.994 "- 7;. r_. `7 7 9) Description of Development Application Addition of 212 sf commercial to first level Addition of 2000 sf of residential on new third level, and conversion of 340 SF on 1st level to residential access circulation 10) Iiave you attached the following? x Response to Attachment 2, Min'mm Subnission Contents x Response to Attachment 3, Specific Submission Contents X Response to Attachment 4, Review Standards for Your Application 813 77t ? AT 3 1- t. {: I L.L;rE, t:" 14141123 ier zir;r4-: ; rThea, tre aoove rer9recea .Zrc -sec H,Lcht h; 31 AP' • 7, 7 . The Brand Building 205 S. Galena Street Aspen Colorado 81611 303 925 2209 _],_), i \ I I STREET x7905.4 • a #-Ono s1o_CZfl_.. _ •_- ___ -_ ___ 4 0 - - -._ ___,/7 , )65 0 \r C- ___________ 0 ‘ r ._f\- i I- 1 i 11J ] \ / cr ( I V i 7904.7 x — -0- - — -D- x 790 ` ,II I I — 1NVJNSiA -' • x ( \ 1 1 N I 0 I I j x 7 • 11 I 15.4 AVENUE x7909.0 --___e-> Q I T ' 1 if %% 1\ j 79 5 - 1 . 0 06.Iz ,10oig -- - -I jer St4iino7 i ' I - I I 9 \0 I 1 / • '� f J j 791 x , nln n I CITY O F ASPEN At ALAN3 101 1 A AN t __ . M4 laM� FR OM � crua- y` '^' \ J �Cr h k � te . \pa *te T' D (' \-+'-' '`_ t _' z> `ems' rC perit_av Q rx' `'C; 'Xa \ k POI) Q Ce° r CO/ - P A� S �pr5 4.^ 2A The north 80 feet of Lots A, B and C, Block 88, City and Townsite of Aspen (excepting that portion of said Lot C conveyed by Quit Claim Deed recorded in Book 287 at Page 425 of Pitkin County Records). And a Parcel Described as: Beginning at Corner No. 1 which is the Southeast corner to Lot D in Block 88 of the City and Townsite of Aspen, and the Southwest Corner of Lot E in said Block thence running along the South Boundary of Lot D in a Westerly direction a distance of 24 feet to the Corner of.No. 2, thence running in an Easterly direction parallel to the South Boundary of said Lots D and E a distance of 41 feet to Corner No. 4, thence running on a Southerly direction parallel to the East boundary of said Lot E a distance of 20 feet to Corner No. 5, thence running in a Westerly direction along the South Boundary of said Lot E a distance of 17 feet to Corner No. 1, the place of beginning; and The South Twenty (20) feet of the East Thirteen (13) feet of Lot lettered "E" in Block 88, City and Townsite of Aspen; and The South Twenty (20) feet of the East Twenty Five (25) feet of Lot lettered "D" in Block 88, City and Townsite of Aspen. PITKIN COUNTY, COLORADO l 1 ID Fecm led at 4, l o'clock 1 M . /' N •i5 >xtiU He :action No �� d d \ SILVIA DAVIS PITIUN COUNTY RECORDER - — "'^ t W ARRAIffY orrD I tl THIS DEED, made this + •¢Z t Hardware 6 Supply Company, Inc., a o Colorado 198S, Cpotation ref Aspen he 1- r- County r✓I“ owhose In and dre of Colorado, Huanter, tnd Harl•y . •S Bald 1 1 A Galena, Aspen, Colorado Address 916111 . the nty Hut l 1 11 :•kl::� P.15 tnd :t .41d- i.i Colorado, Grantee: � a ' t. of C ^tw WITNESSETH, that the Grantor for And to consideration At IE }i Sum of Ten Dollars and other good and vnluabie consideration tin r receipt and sufficiency of which is hereby acknowledged. ha" 1 VJ granted, bargained, sold and conveyed, and by these presents do•: + grant, bargain, sell 9 convoy and confirm, rote the Grantee, r' : _I h elm and assigns forever, all the real property together v.. r x it..: ,. lwproImprovements, If any, situate. lying and being in the he County County ` f ;" Pltkln and State of Colorado described as follows: i The real property described on Exhibit A attached ��', hereto and incorporated herein by this reference I ' as known by street and .v,mhnr ,; 204 ;oath will ;treat, Aspen, f:: U • ' Colorado. k TOGETHER with all and •.;insular 'no hared. tamonts And t appurtenances thereto belonging, •r in Anywise appertaining, and sc the reversion and reverslonv, remainder Ind remainders, rents, issues and profits thereof, And nil the •',fate. right, title, k interest, Claim and demand whatsoever of the Grantor, either in law or equity, of, in and to 'he above harg.nnnd premises, with the hereditamenta and app,rt,,.nee,, 1 111 , TO HAVE AND TO HOLD the p •:sit nm: as Ibovr berg ,ed tr:: O J described, with the appurttnanne rn: n. Jrantee, his heir. and assigns forever. And the 'rantor (.4 trait its hr,t.s and personal representatives done covenant, Irene4 barb• n. and - - .. agree to and with the Grantee. Ills heir: Ind Assi.m14. ft..' tt the tC1 time of the ensealing end delivery >t these prevents ft s well ' , v seised of the premises above conveyed, has good, vure, perfect, ti c absolute end indefeasible estate of inheritance, to law 'n fee All •aimpla1, and has good right, full power end lawful ant, ty to f r grant, bargain, sell and convey the same in manner and ..rm as • . ,,,t + aforesaid, and that the same are free and r1 f a ll former . a (a and other , g rants , bargains, Ilona, taxes, toes sooner, mb enCSrenON and restrictions t rlc restrictions of 1• •h, e of whatever kind or nature solver. n except tales due and payable for 1989 and lmpo imposeco t gene any ( s • tax, special , charge or lien d for .•r or sewer serViCa or for any ''then special taxing tlis!, lct for pop/ i Cr and subsequent years; reservations contained In need from the r} ,, City of Aspen an follows: no tills shit be hereby acquired to si ak any mine of gold, silver, cinnabar or copper or to .k fly valid ,� minlrp Claim or possession held under ex ist tog :owl as r. both S; n; MAR 2"J `,AfI �. 7 ltd• r, • / L t 3 1! A 1 v k ..* Y � e f to- +,ti , r i' .1. + . u n r y 5 1. q u a R4 • • 1 I gg f :•:TWO41f% 1 . k : g y r 1 t - 'Y Y' 4 � ,M Y 1 ' � {� � +tom a .� . . Y. e . c1 . • 1 in lnetruments recorded In Dock 79 at Page 32, In nook 59 st Page lig 4 3071 any loss or damages as a result of Ordinance No. 11 (Series ?. 9 , of 1987) which repeals and reenacts Section 24-9 of the Municipal Code, titled, Historic Designation. "x iv A The Grantor shall and will WARRANT AND FOREVER DEPEND the ' 4 4': above - bargained premises In the quiet and peaceable poeeesrion of pi the Grantee, his heir. and ■aa,gne, against all and every person ,} E ' or persons lawfully claiming the whole or any part thereof: <v "t �° provided, however, that the Receiver executing this Deed on , p s, behalf of Grantor shall have no ( `[ personal ilabill ty for any claim + t r 1 by Grantee, his successors or assigns arising for any reason r whatsoever under this Deed and Grantee, hie successors and f1 assigns shell have recourse only against Aspen Hardware and n, u=' Supply Company, Inc. as Grantor hereunder. The singular number shall include the plural, the plural the singular, and thn use of ,4 k ylii any gender shall be applicable to all genders. : : IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. si Y F ASPEN HARDWARI. AND SUPPLY COMPANY, f e. �R ° INC. n Colorado Corporation 7 t ;€1"; M Hy: I ,. , _. _. p _ I Robert Con, Noce ivrr ` f` - STATE OP COLORADO ) W ' : 1. .. ) as. 11 : . 1 . COUNTY OP PITXIH ) .s `1` rA s III . " Subscribed and sworn to before me thrr " day of March, '" ,' S919 by Aspen Hardware and Supply Company Inc., n Colorado . � C . . Corporation .,;.. by Robert Camp, Receiver. J i+ j Witness my hand and official sons. O , KY coarlt•sion sepias: ; I 1 +1 . � 0 �' 1 Notary Publ)c ,te �,�,u ''' '� t " ' Dka •} .1.t'-'„, tierC of .�. ii .'. yy 1 ec;p : er fp N "" , �: i , l _ •� .. , a y , ,g, - .:.,1 r + C . ,. r > v ,t ty >.y ' I. qq - .,r *. i Yr.wn nth: �.a:� � v AsF fit ?; i � i � �. •, / A e. f )"'. Y 4 e `, 4 t'�' e i r°': ,• s ' r �. +' 'eDa 589 ° wr1 72 . 4r1 f5.. i .,: k 5 " . EXHIBIT "A" TO WARRANTY DEED f.xkt nee. s0 fast of Lot, A. 1 end 0, Sleek n, City sad Tewnelt• of r..:, k. ' Vl,r rdpa1 I $$$$$$lni that portion of 1514 Let 0 •15••y•d by tout Clete u Deed k t , l#0,0tdN Is 115R NT • it r•a• 4U •f rltwl• ceutr Mo•Ne) { �.. t 4r a Pates' doserlbsd ass ,�, • r +r. ••7 s. t/ ' YJI t :: .' ; l • at !editor Ile. 15 1 ,hush la athet a•rn•t o a ky ;t ells hs aitp 4 T0000 Ito of 1 depts. s. f Let D Is sad d th• g•t C•rn•r •f a ;. dltt l.tll'thoese noting slug the •15th 1••nd•lp •t Let 0 is . i r p{ ' : 1 Illbistt• II di sbars• sf 14 tut to C•,nsr M. t. , ,+ a t } t 0 E•rth•riy dln•tI•a parallel t• the Most •15nd•rr 1 i ,/, , . 4-4*stanss of d0 tut t to c•r••r •. 0. t' 's" } —t at an ` {asts.lp diooatl•a per•l1•1 t• the I••tb •••sds.y r 5, L }.?^ w� p{ E a dluue• et 41 fe•t to C erur R•. 4. -, , . Y M otthativ dl reetlss par•il•1 to the Zest Nrndatr •t'sold .,":4•:[..):. °s }_� 411eat 10 115 s us. d 1 to C . . th roasts. is • . 'Tr O $t•dtlss sl0ag the 0s.th •und•r7 of s.ld Lot E • distinct. •1 , a + � A V0std0p IN 1, the oleo• of beginnings S •. ft., i� end ' r *Slit ,- twlssty 90) foot •1 th• Zest Thlrt••n (13) fest •1 Let . •' ^'' t , ° rf'S . VI!4r It E1Mk n, City 15d To,nslt• or Aspens rP{t J 44 . e nd C r y'41t�f" 1 ' ti '1 4 ... : e'll ' !dotty 1101 Not of the East Twenty rive Itdl tut et Lot . n , ti ,1 Itt0nd '0' In •look Ss, City and Townslte of Aspen. * � k tr,. 4 . "Apt! III Of *SPIN, . lb % , ^"u ° g.ttr"',4 17 et titan. h A";' A $ Of' f701.0EA00 h . � ' .Y r NYtR 1 h# v l e �� • d 9 T - • ! A` N , 4 . • y S 9✓ f. r ��QQ$$]]yy . • ,l i ° n1 # x L t . t 3 kt , F �• "T f..A.r 4 9 ' r �{ .. • �' l�a ,"" . 51 4 ` t;v .. .� �tl l f J s t 0ir la i yy,,., >yrt U _ SCHEDULE A Date of Policy: March 20, 1989 at 4:51 P.M. GF No. 400368 -0 Amount of Insurance $ 2,700,000.00 1. Name of Insured: HARLEY BALDWIN 2. The estate or interest in the land described herein and which is covered by this policy is: (a fee, a leasehold, etc.) FEE 3. The estate or interest referred to herein is at Date of Policy vested in: HARLEY BALDWIN 4. The land referred to in this policy is described as follows: LEGAL DESCRIPTION SET FORTH ON SHEET ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HERE IN AND MADE A PART HEREOF. Title USA insurance Cnmoraeun• 30' Ma,n it.. Dallas. Texas 75202 SCHE :ULE A - continued Policy No. 0157924 Order No. 400363 -0 The land referred to in this policy is situated in the State of Colorado, County of Pitkin , and is described as follows: PARCEL A: The North 80.00 feet of Lots A, B and C, Block 88, CITY AND TOWNSITE OF ASPEN, EXCEPT that portion of said Lot C conveyed by Tinnie Mercantile Company, a New Mexico corporation, and High Country Lumber Co., a Colorado corporation, to Kurt Bresnitz and Lotte Bresnitz by the Quit Claim Deed recorded May 22, 1974, in Book 287 at Page 425. .PARCEL B: Becinning at Corner No. 1 which is the Southeast corner of Lot 0 in Block 88 of the CITY AND TCWNSITE OF ASPEN, and the Southwest corner of Lot E in said Block 88; thence running along the South boundary of said Lot 0 in a Westerly direction a distance of 24.00 feet to Corner No. 2; thence running in a Northerly direction parallel to the West boundary of said Lot D a distance of 20.00 feet to Corner Mo. 3; thence run in an Easterly direction parallel to the South boundary of said Lots D and E a distance of 41.00 feet to Corner No. 4; thence running in a Southerly direction parallel to the East boundary of said Lot E a distance of 20.00 feet to Corner No. 5; thence running in a Westerly direction along the South boundary of said Lot E a distance of 17.00 feet to Corner No. 1, the place of beginning. PARCEL C: The South 1 (20.00) feet of the East thirteen (13.00) feet of Lot E, Block 88, CITY AND TCWNSITE OF ASPEN. PARCEL D: The South twenty (20.00) feet of the East twenty five (25.00) feet of Lot D, Block 38, CITY AND TCWNSITE OF ASFEN. • 3C. LL2. 3 POLICY NO. O , . - _ Order No. 400358 — This Policy does not insure againstloss or damage by reason of the following: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspec- tion of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Taxes due and payable; and any tax, special assessments, charge cr lien imposed for water or sewer service, or for any other special taxing district. 5. Restrictions, as contained in the Deeds from M. G. Miller, as County and Probate Judge, to E. B. Collins recorded January 23, 1888, in Book 59 at Page 307, and March 28, 1891, in Book 79 at Page 32, providing substantially as follows: "That no title shall be hereby acquired to any mine or gold, silver, cinnabar, or copper or to any valid mining claim or possession held under existing laws and subject to all the conditions, limitations and restrictions contained in Section 2386 of the Revised Statutes of the United States." 7. Encroachments by (a) the two -story brick building on Parcel A onto E. Hopkins Avenue, S. Mill Street and property immediately adjoining Parcel A on the South, and (b) the one -story "C.Mi.U." building on Parcels B, C and D onto the alley in Block 88 and property immediately adjoining Parcels B, C_and D on the North and West, as evidenced by Survey No. 19022 of Aspen Survey Engineers, Inc. dated February 6, 1989. 8. Deed of Trust from Harley Baldwin to the Public Trustee of Fitkin County for the use of Central Bank of Aspen, N.A., to secure 52,300,000.00, dated March 20, 1929, and recorded March 20, 1989, in Book 588 at Page 173. 9. Assignment of Rents recorded March 20, 1989, in Bock 588 at Page 188, given in connection with the above Deed of Trust. 10. Security interest under the Uniform Commercial Code affecting subject property, notice of which is given by Security Acreement and Financing Statement, from Harley Baldwin, debtor(s), to Central Bank of Aspen, N.A., secured party, recorded March 20, 1989, in Book 588 at Page 192, and filed March 20, 1989 at Filing No. 12305. _ .r.��_:i�F'�,� --rte✓ Norman E. Larkins Authorized Countersgnnerure • Title-LISA Insurance csorporatirn Endorsement Attached to and forming a part of Policy Na 0157924 Order No. 400368 Issued by Title USA Insurance Corporation Exception No. 5 is hereby amended and modified in its entirety to read as follows: 5. Taxes and assessments for the year 1989 and subsequent years. Exceptions 1 through 4 are hereby deleted. In all other respects, said Policy remains the same. This endorsement is made a part of the policy or commitment and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy or commitment and prior endorsements, if any, nor does it extend the effective date of the policy or commitment and prior endorsements or increase the face amount thereof. Dated: Marrh 20 1989 Title USA Insurance Corporation ;�WwT �(A ✓"�.v —.tom AdeVRP Pres,Cenr & Chief E.ect ove Officer • P:' a r S1EAL:,n� arrest: Seer Lary r,r s.uea Jt I t r, LL l 9i^c2 Norm.n E. Larkins Aut bonzee Coumcrvyn.rure f ORM S 10 JUM SETS ] SOH Tit' USA Insurance Corpora'in VA:TITLE Commitment 'Ca USA for Title Insurance Tide USA Insurance Corporation, Dallas, Texas, A Texas Corporation, 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 end charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six 16) 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. The Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, Title USA Insurance Corporation has caused this Commitment to be signed and sealed as of the effective date of Commitment shown in Schedule A. Title USA Insurance Corporation By Yv- President V eANCE r .. • c � /� { I }/ I / / /7 / / /y /��� e/r ^" V ^�� /1 Y�✓ 4 ; '711 BEAL r,r •. , �s Secretary Countersigned x; < r- 44 '''Ainhonzed Signatory 0106 (11/88) ALTA COMINT/AENT TO INSURE (1971) J. Nicflo' uCar37n NicroI as McGrath Andrew 7. HechT, Esq. J. Nicholas McGrath, P•C• SCHEDULE A John D. LaSal le, Esq. 600 E. Hopkins, Suite 203 Mr. Robert C. Camp Aspen, Colorado 81611 Leonard M. Cates, Esq. Herbert _. 'Klein, Esq. Customer Reference: Aspen Hardware & Supply Inquiries should be directed GF No. 400368 -C2 to Norman E. Larkins NL /nl 1. Effective date: March 20, 1988 at 7:00 A.M. 2. Policy or Policies to be issued: Amount (a) ❑ ALTA Owners Policy — Form —1970 $ 2, Inn, 000 0(1 Proposed Insured: HARLEY BALDWIN 2,300,000.00 (b) n ALTA Standard Loan Policy, Coverage — 1970 $ Proposed Insured: CENTRAL BANK CF ASPEN, N.A., and /or Ass igns 3. The estate or interest in the and described or referred to in this Commitment and covered herein is: FEE I. Title :o said estate or interest in said ;and 's at the =ifective .ate '.ereof vesiec ASPEN HARDWARE & SUPPLY COMPANY, ;NC., a Colorado corporation 5. The land referred lo in this Commitment is located in the County of P i tk i n State of Color ado and described as follows: LEGAL DESCRIPTION SET FORTH ON SHEET ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN AND MADE A PART HEREOF. Owner's Premium: $ 4,432.00 Lender's Premium: $ 80.00 Add'I Charges: .S 796.40 Tax Certificate: $ 30.00 TOTAL CHARGES: S 5,338.40 AMERICAN LAND TITLE ASSOCIATION COPYRIGHT 1971 (REV.) iCHE21AI - :on;inuec Order No. 400368 -C2 Plat 1.D. No. Covering the Land in the State of Colorado, County of Pitkin Described as: PARCEL A: The North 80.00 feet of Lots A, B and C, Block 88, CITY AND TOWNSITE OF ASPEN, EXCEPT that portion of said Lot C conveyed by Tlnnie Mercantile Company, a New Mexico corporation, and High Country Lumber Co., a Colorado corporation, to Kurt Bresnitz and Lotte Bresnitz by the Quit Claim Deed recorded May 22, 1974, in Book 287 at Page 425. PARCEL B: Beginning at Corner No. 1 which is the Southeast corner of Lot D in Block 88 of the CITY AND TOWNSITE CF ASPEN, and the Southwest corner of Lot E in said Block 88; thence running along the South boundary of said Lot D in a Westerly direction a distance of 24.00 feet to Corner No. 2; thence running In a Northerly direction parallel to the West boundary of said Lot D a distance of 20.00 feet to Corner No. 3; thence running in an Easterly direction parallel to the South boundary of said Lots D and E a distance of 41.00 feet to Corner No. 4; thence running in a Southerly direction parallel to the East boundary of said Lot E a distance of 20.00 feet to Corner No. 5; thence running in a Westerly direction along the South boundary of said Lot E a distance of 17.00 feet to Corner No. 1, the place of beginning. PARCEL C: The South twenty (20.00) feet of the East thirteen (13.00) feet of Lot E, Block 88, CITY AND TOWNSITE OF ASPEN. PARCEL D: The South twenty (20.00) feet of the East twenty five (25.00) feet of Lot D, Block 88, CITY AND TOWNSITE OF ASPEN. • 3 -• I. The following are the requirements !c ..cmpliee 1. Instruments necessary to create the estate or interest tc oe insured must oe properly executed, delivered and duly filed for record. 2. Payment of the consideration for the estate or interest to be insured. 3. Payment of all taxes, charges, assessments, levied and assessed against subject premises. which are due and payable. 4. Satisfactory evidence should be had that improvements and/or repairs or alterations thereto are completed: that contractor, subcontractors. labor and materiatmen are all paid. 5. Release by the Public Trustee of Pitkin County of the Deed of Trust from Aspen Hardware & Supply Company, Inc. for the use of The Bank of Aspen, to secure 51,200,000.00, dated April 10, 1987, and recorded April 10, 1987, in Book 533 at Page 299. (Affects Parcel A) 6. Release by the Public Trustee of Pitkin County of the Deed of Trust from Aspen Hardware & Supply Company, Inc. for the use of The Bank of Aspen, to secure 5300,000.00, dated April 10, 1987, and recorded April 10, 1987, in Book 533 at Page 305. (Affects Parcel A) 7. Termination Statement of Financing Statement from Aspen Hardware & Supply Company, Inc., et al, debtors, to The Bank of Aspen, secured party, recorded April 21, 1987, in Book 534 at Page 94 under Filing No. 10753, as amended by instrument recorded July 12, 1988, in Book 568 at Page 627 under Filling No. 11742. 8. Termination Statement of Financing Statement from Aspen Hardware & Supply Company, Inc. and John Beatty, debtors, to The Bank of Aspen, secured party, recorded May 22, 1987, in Book 537 at Page 418 under Filing No. 10841, and re- recorded August 8, 1988, in Book 570 at Page 491, as amended by instrument recorded July 12, 1988, in Bock 568 at Page 628 under Filing No. 11743. 9. Release by the Public Trustee of Pitkin County of the Deed of Trust from Aspen Hardware & Supply Company, !nc. for the use of Thomas J. Sardy, to secure 580,000.00, dated June _ , 1987, and recorded June 1, 1987, in Book 538 at Page 166. (Affects Parcels B, C and D) 10. Release by the Public Trustee of Pitkin County of the Deed of Trust from Aspen Hardware & Supply Company, Inc. for the use of The Bank of Aspen, to secure 560,000.00, dated May _, 1987, and recorded June 2, 1987, in Book 538 at Page 247. (Affects Parcel A) 11. Withdrawal by the Public Trustee of Pitkin County of the Notice of Election and Demand recorded August 4, 1988, in Book 570 at Page 161, and in connection with the foreclosure of the Deed of Trust identified in Requirement No. 6 above. 12. Certified copy of Findings of Fact, Conclusions of Law and Order entered by the District Court in and for Pltkin County, Colorado on March 14, 1989, in that certain action entitled Robert R. Skinner, Plaintiff, v. John R. Beatty, et al., Defendants, Civil Action No. 88CV88. (Continued) Commitment No. 400368 -C2 REQUIREMENTS - continued 13. Deed from Robert Camp, as Receiver for Aspen Hardware t Supply Company, Inc., a Colorado corporation, to Harley Baldwin, all in a form and substance acceptable to the Company or Its duly authorized agent. 14. Evidence satisfactory to the Company or its duly authorized agent either (a) that the "real estate transfer tax" imposed by Ordinance No. 20, (Series of 1979), of the City of Aspen, Colorado has been paid, and that the Ilen imposed by Paragraph 9 thereof has been fully satisfied, or (b) that a Certificate of Exemption has been Issued pursuant to Section 7 thereof. 15. Deed of Trust from Harley Baldwin to the Public Trustee of Pitkin County for the use of Central Bank of Aspen, N.A., to secure 2,300,000.00. 16. Certificate of Dismissal Issued by the Clerk of the Court of that certain action entitled Harley Baldwin, Plaintiff, v. Aspen Hardware and Supply Company, Inc., a Colorado corporation, and John R. Beatty, Defendants, Civil Action No. 89CV39, in the District Court in and for Pitkin County, Colorado, the Notice of Lis Pendens recorded March 2, 1989, in Book 586 at Page 952. 17. Evidence satisfactory to the Company or its duly authorized agent that the Letter Agreement between John R. Beatty, as President of InterRealty Corp., and Don Siegel /Sieco Inc. recorded January 19, 1989, in Book 584 at Page 36, Is disputed, and will be resolved by and through the District Court in and For Pitkin County, Colorado pursuant to the Order entered on March 14, 1989, and contemplated by Requirement No. 12 above. Such evidence need not be recorded. 18. Evidence satisfactory to the Company or Its duly authorized agent, whereby parties acceptable to the Company agree to undertake and continue the defense of any and all claims, demands, actions, causes of action and appeals In that certain proceeding Identified In Requirement No. 12 above. Such evidence need not be recorded. SCHEMA" B -u der No. 400368 -C2 11. Schedule 6 of the policy or policies to he issued wilt contain exceptions to the following matters unless the same am disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements or claims of easements. not shown by the public records 3. Discrepancies. conflicts in boundary lines. shortage in area, encroachments. and any facts which a correct survey and inspection of the premises woulo disclose and which are not shown by the public records. 4. Any lien, or right to a lien. for services, labor or material theretolore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. Exceptions numbered are hereby omitted. 6. Taxes due and payable; and any tax, special assessments, charge or Ilen Imposed for water or sewer service, or for any other special taxing district. 7. Restrictions, as contained in the Deeds from M. G. Miller, as County and Probate Judge, to E. B. Collins recorded January 23, 1888, in Book 59 at Page 307, and March 28, 1891, in Book 79 at Page 32, providing substantially as follows: "That no title shall be hereby acquired to any mine or gold, silver, cinnabar, or copper or to any valid mining claim or possession held under existing laws and subject to all the conditions, limitations anc restrictions contained in Section 2386 of the Revised Statures of the United States." 8. Encroachments by (a) the two -story brick building on Parcel A onto E. Hopkins Avenue, S. Mill Street and property Immediately adjoining Parcel A on the South, and (b) the one -story "C.M.U." building on Parcels B, C and D onto the alley In Block 88 and property immediately adjoining Parcels B, C and D on the North and West, as evidenced by Survey No. 19022 of Aspen Survey Engineers, Inc. dated February 6, 1989. 9. Agreement for Purchase and Sale of Real Estate and Joint Escrow Instructions between Aspen Hardware & Supply Company, Inc., a Colorado corporation, as Seller, and Harley Baldwin, as Purchaser, recorded January 11, 1989, in Book 583 at Page 229. NOTE: Exception No. 9 above will be deleted upon compliance with Requirements No. 12 and 13 under Schedule B -I of this Commitment. THE OWNER'S AND LOAN POLICIES, WHEN ISSUED, WILL NOT CONTAIN EXCEPTIONS NO. 1, 2, 3, 4 AND 5 ABOVE, PROVIDED, HOWEVER, THAT THE ENCLOSED FORM OF "FINAL AFFIDAVIT AND AGREEMENT" IS PROPERLY EXECUTED AND ACKNOWLEDGED BY THE PARTIES INDICATED, AND RETURNED TO THE COMPANY OR ITS DULY AUTHORIZED AGENT. (Continued) ..[.h: ?,... i . a;. f.: 1_ C.'''RIcF 1t'7 (F:EC. . �.... • • • Commitment No.400368 -C 2 EXCEPTIONS - continued THE LOAN POLICY, WHEN ISSUED, WILL CONTAIN ENDORSEMENT FORM 103.2 WITH RESPECT TO EXCEPTION NO. B ABOVE, AND ENDORSEMENT FORM 100, PROVIDED, HOWEVER, THAT APPLICABLE SCHEDULED CHARGES IN THE AGGREGATE AMOUNT OF 5796.40 ARE PAID TO THE COMPANY OR ITS DULY AUTHORIZED AGENT. • CONDITIONS AND STIPULATIONS 1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, hen, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule 0 hereof, and shall tail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance. adverse claim or other master. the Company at not relieve its option may amend the Company from liability previously amendment sly incurred pursuant to paragraph 3 of the Conditions and 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof. or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions. the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. G C C I , a Is- If) . 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Mill Street Aspen, CO 81611 Response to Attachment 4 The applicant proposes to provide employee housing at the level required by Section 8 -106 and intends to resolve parking issues according to the standards of the Code. Furthermore, the applicant intends to mitigate impacts upon the community and to provide facilities for water, sewage treatment, drainage control, transportation, fire protection, and solid waste disposal needs in accordance with the Code and in a manner appropriate to the site. Applicant: Harley Baldwin r' CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 6 30 8 PARCEL ID AND CASE NO. DATE COMPLETE: O 2737- 073 -39 -001 & 004 70A -89 STAFF MEMBER: PROJECT NAME: Collins Block GMOS Exemption Project Address: 204 S. Mill Street. Aspen. CO Legal Address: N 80' of Lots A. B & C. Block 88 APPLICANT: Harley Baldwin Associates Applicant Address: 205 S. Galena St.. Apsen. CO 81611 REPRESENTATIVE: Joe Wells Representative Address /Phone: 130 Midland Park Place. F2 Aspen. CO 81611 5 -8080 PAID: YES NO AMOUNT: $50.00 NO. OF COPIES RECEIVED: 1 TYPE OF APPLICATION: 1 STEP: 2 STEP: P &Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: City Attorney Mtn. Bell School District City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshall State Hwy Dept(GJ) City Electric Building Inspector Envir. Hlth. Roaring Fork Other Aspen Consol. Energy Center S.D. DATE REFERRED: INITIALS: FINAL ROUTING: DATE ROUTED: t,2-I)490 INITIAL: r'C� City Atty City Engineer Zoning Env. Health Housing Other: r ' (il I FILE STATUS AND LOCATION: l MEMORANDUM TO: Bill Drueding, Zoning Officer FROM: Tom Baker, Planning Office RE: Collins Block: GMQS Exemption by Planning Director DATE: November 7, 1989 SUMMARY: The applicant seeks a GMQS Exemption for the enlargement of an Historic Landmark. The Collins Block proposes to remodel the existing building and to construct a portion of the new in -fill building. This request will increase net leasable square footage, but not floor area square footage. This application is being done in phases and the applicant will request a GMQS Exemption by P &Z this winter to complete the in- fill building and to add a second floor loft. FINDINGS: Pursuant to Sec. 8- 104(A)(1)(B)(2) the Planning Director may exempt an enlargement of an Historic Landmark intended to be used as a commercial or office development which increases either the building's existing floor area ratio or its net leasable square footage, but not increase both. Based upon discussions between the applicant and the Planning Office the applicant has a floor area credit of 10,297 square feet. This number includes the existing building, first level of the metal shed (529 s.f.) which was entirely enclosed on lot C and the enclosed notch )(209s.f.) on the east wall of the existing building. For purposes of this approval, the area of the in -fill building which should be counted as floor area is only that area which is totally enclosed. The applicant proposes not to enclose the south portion of the in -fill building in the court yard section. This will allow the development to locate its mechanical equipment for the project where HPC prefers, on the south portion of the in -fill building roof, but this area will not count as floor area until it is reviewed by P &Z and enclosed. HPC has completed its review and approved this entire project. RECOMMENDATION: Staff recommends GMQS Exemption for the construction of the in -fill building and reconstruction of the existing building to a maximum floor area of 10,297 square feet. I hereby approve the GMQS Exemption pursuant to Section 8- 104(A)(1)(b)(2) of the tspen Land Use Code. 4 Amy M- (gerum, Pla i1' ng Director _ 4 Aspen /Pitk' :..° nning Office 130 s o !t'k� " t� , street a s p e � is : � � k - - T '' 81611 (Sttoot { October 27, 1989 � - v' Joe Wells i ' 1 4 Doremus and Wells ; f i ^c' d �.I , 4 608 East Hyman Avenue U e V Aspen, Colorado 81611 / 4 0 ' t t' ' L. ' k y. '` Dear Joe: ti t- '' C` i t t" This letter is to confirm the discussion between the Planning 1 Office staff and you regarding the interpretation of floor area t IT'' with respect to the in -fill building for the Collins Block , project. r G I agree with past staff interpretations regarding countable floor area for the Collins Block. I also agree that based upon those interpretations your recent proposal for the in -fill building is consistent with those interpretations. A summary of staff's recent position regarding the in -fill \I• building is as follows. Based upon our discussions, staff agrees that if a roof is not put on the south portion of the building it is not technically countable as floor area. In order to put a r., .if on this portion of the structure the project must go through the appropriate review process. This is only an interpretation of what is countable as floor area, not a verification of square V footage for permit check purposes. I have attached a copy of your drawing for purposes of clarity in the future. Sincerely, Amy argeru / Pla ning Di ector collins.blk.interp.infill cc: Collins Block Case File 0 12 A .._ ' \ c S \ p N P VENJE 8`a'j7 IY U Ot 59 c o 4' S 0. ��o1 Q Bpi? URPp Ot StEPM % O PS SPA ��O 1 8 96129 ma 81623 „PcJU 3 a\ 7\ tal 19 c Aa2000 v� S E 602 • ��o DaNNER COtpop° g9 i2, 19 d ffice UlY Couht' Pia Ste° in X30SUC C ' ,�00 s en �_P gio°' that we a�a ilia o ns im RE c° b C,isb a fetY 9 to be a ddr old P P � pse' A0 6o tb regarerg to feel Coi a ns ent ° n t ender thy` s , etter m pheste 1 1 of t h to t h e P; basem d br ace d- �0b, Writing En g in eer theEa `' the le U n be shot a, En9in th . it are tructure s Pecri located o co t needs to S truct d we tail- he f. the lY • r e be i dec �d do • th s t BO that li t it d t r j hts'. � is • lao add ,e �onai OP th-s o t hou rec0 d on a new 413\1.. s r P bet wit ttbg at!' Yu en to recono ta in tgbors ci is ca n o n s ° a tWaYs he an hat them ° the r m u c h Preca all. W t i e tng t indicates t 10 unds a king tp0 d • th is ante s"ecton ca t braced e ha \ le. c 0se 1 tin a ,,e eXtobt th y sue W .. P ac to the en i s e it wh °ete o aced to RoXPnne o{ her se a ak s have is t hat a resui o{ how t t thy` put 9 • s tr u t d' Zhe dress a;read' r A. d ha t � r d c ka d Y di 3>> cI °u� Work"• Whet th ' Yea his 'a d anger ,to ti` JUN 2.7 Doremus & weLLs an association of land planners • ti June 26, 1989 Mr. Tom Baker I Acting Director, 1 Aspen /Pitkin Planning Office 130 S. Galena Aspen, CO 81611 Dear Tom: Harley Baldwin, Dick Arnold and I met with Roxanne, Alan and Leslie several days ago regarding the Collins Block project. We explained our timing difficulties regarding some of the review procedures still outstanding in order to complete the project as approved conceptually by HPC. Staff was very helpful in allowing us to proceed to Final HPC review for a portion of the project, temporarily omitting the second floor loft addition in the Collins Block, assuming of course that we can demonstrate that there's no increase in FAR or above -grade net - leasable square footage. This approach will allow us to request GMQS exemption by the Planning Director under the provisions of Ordinance 16 and /or 27 and proceed to building permit for a portion of the project. An application for GMQS exemption by the P &Z will be filed separately for the second floor loft in the Collins Block once the question of contiguity with a separate parcel owned by Harley can be addressed. One problem continues to pose an obstacle to proceeding with the project and that is the question of open space. As you may know we previously requested an interpretation by Alan on the open space issue. It has been our position that there is no open space on the site because the yard area does not meet the open space definition. We continue to believe that it is unreasonable to impose an open space requirement on the project but, in the interest of time, have agreed to provide open space under the terms of Alan's interpretation of 25% of the "undeveloped" portion of the yard. We understand that is the portion of the yard without structures 608 east hyman avenue ❑ aspen, colorado 81611 ❑ telephone, 303 926 -6866 • Mr. Tom Baker Acting Director, Aspen /Pitkin Planning Office June 26, 1989 Page Two -- the area which has historically been used for truck loading and unloading. The uncovered portion of the yard is 1,317 square feet so under this interpretation 330 square feet of open space would have to be provided. In discussing this issue with staff, it was suggested that unless the open space to be provided complies with all of the provisions of the open space definition that it would be necessary to get a variance from the Board of Adjustment. Alan suggested that open space should be considered relative to the entire site. In thinking about it last night I concluded that it's pretty unfair to require that we go to the Board of Adjustment to resolve a condition created by the placement of the historic structure on the site. The specifics of the situation are these: 1. The yard area (Lot C), which is not open space to begin with, has been fenced for many, many years. On either side of a double gate of approximately 17 feet in width were two sections of solid wall. Therefore, historically there has only been a 17 -foot slot 'open to view' as the definition (Paragraph A) requires. 2. In order to comply with Paragraph C, the open space being required would have to have a minimum street frontage of 45 feet; this is clearly not possible because it would extend 15 feet into the historic building. I do not believe it is unreasonable to suggest that the frontage of the open space to be provided should not be required to be greater than 50% of that area historically open to view -- not 50% of the entire 90 foot parcel. I say that because we're agreeing to an interpretation that has no specific basis under the existing code language; the only area about which there is any debate regarding open space is the 30 foot parcel, not the entire site. If we could expect a rational action by the Board of Adjustment I wouldn't hesitate to go before them; if it were simply a matter of demonstrating a hardship I think that's easy enough. We all know, however, that the Board of Adjustment's philosophy is such • . - - 4 Mr. Tom Baker Acting Director, Aspen /Pitkin Planning Office June 26, 1989 Page Three that an appearance before the Board becomes a highly subjective discussion at times. Bill Drueding has suggested that the Board probably wouldn't grant the variance, because there is a payment -in -lieu option available to us. I believe it would be unreasonable for the Board of Adjustment to even consider the existence of the payment -in -lieu option, since this alternative is clearly discretionary to the applicant. If it makes economic sense to the applicant to consider payment -in -lieu, he may propose it; if not he has the option of complying by providing the open space. Since payment -in -lieu requires special review by P &Z, the time involved eliminates it as an option in our case. Let me know at 925 -8080 if we can proceed on the basis of provid- ing the open space suggested by Alan based on the area open to j view on Lot C. Sincerely, (Joseph Wells, AICP JW /b 608 east hyman avenue o aspen. cobrado 81611 o telephone: 303925 6866 • Aspen /Pitk' i3O4 ,k+ ning Office i � i t 'I 130 s !i' , ,. ,,', ,- street aspe o � 144:: 144:: , �i : 81611 -. + April 12, 1989 Mr. Richard R. Arnold The Brand Building 205 S. Galena Street Aspen, Colorado 81611 Dear Dick, This letter is written in response to your letter dated April 6, requesting an interpretation of the Aspen Municipal Code. The subject of the interpretation is whether Lot C, Block 88, Aspen Townsite constitutes required open space for the Collins Block. The situation you have described for me is as follows. The area in question has been used in connection with the Aspen Supply Company for many years. It has been used for merchandising, storage, parking, service delivery and trash. Affidavits have been submitted certifying some of these uses since at least 1969. Section 3 -1 of the Aspen Land Use Regulations indicates that open space areas shall not be used for any of the above purposes. Therefore, I find that the subject area does not meet the definition of open space. However, the finding that this area does not meet the definition of open space is not conclusive as to whether there is an open space requirement on the property. For me to judge whether the property has an open space requirement, I would also have to know whether or not any land use applications have been submitted for the entire property since the adoption of an open space requirement in the Commercial Core zone district. If so, was an open space requirement established at that time? I suggest that when you submit a development application for the property, you provide written verification of whether or not any prior land use actions established an open space requirement for the property. If you can demonstrate in your application that no area of the site either meets the definition of open space or has been determined, through a prior approval, to be open space, then there is no required open space on the property which must be replaced. In this respect, I agree with your position that the lot is nonconforming as to required open space and this nonconformity is permitted to continue. However, I believe the Commission must require open space to be provided if an application for development of Lot C is submitted. I find that Lot C is an undeveloped portion of the entire property (except for any structures which exist) which has been used in conjunction with the principal use. Should development be proposed on Lot C, 25% of the undeveloped area must be provided as open space, or a fee in -lieu of this requirement must be paid. Otherwise, given the increased land development, the property would increase in nonconformity, which is not permitted by the Code. I hope this clarifies the staff position for you. I regret any incorrect signals you may have received from us in the past. Please contact me if you have any questions. Sincerely, lA an Richman, AIC Planning Director cc: Tom Baker Fred Gannett Bill Drueding Cindy Houben arnoldltr THE BRAND * * * * April 6, 1989 Alan Richman Planning Director 130 S. Galena Aspen, CO 81611 re: Code Interpretation Dear Alan; Enclosed please find the following exlbits which we feel support a code Interpretation of no open space for the property know as Lot C, Block 88, Townsite of Aspen ( Collins Block ) : I. Affidavits of historical use 2. Photos 3. Code interpretation from Joe Wells, AICP 4. Survey of affected property Bill Dreuding has indicated that the property under discussion, In his opinion, Is "non conforming open space ". We feel that the code Is clear in def ining open space and that the property in not "non- conforming open space ". We can show that the property has been used continuously, from before 1968 until the present, for retailing, storage, displays, parking, assembly of tools, and construction products. We respectfully request that you review the enclosed exibits, as the Planning Director, and give us an interpretation with respect to the open space issue. Fred Gannett indicated that an answer could be obtained within 10 days. Obviously an answer sooner would be appreciated due to the tight scheduling constraints that exist for the project. Sincer y, Richard R. A rnold Protect Manager 205 S. GALENA ASPEN. COLORADO 81611 303 920 1800 FAX 303.920.3602 D ore mus atweLLs an association of land planners • April 5, 1989 Mr. Alan Richman Director, Aspen /Pitkin Planning Office 130 South Galena Street Aspen, CO 81611 Dear Alan: I am writing on behalf of Harley Baldwin regarding Bill Dreuding's recent interpretation regarding the storage and outdoor display areas to the east of the Collins Block Building, at the southeast corner of Mill Street and Hopkins Avenue. The use in this area has been an integral part of the principal use of the property for many years -- the merchandising of hardware and other products for the home. The issue is whether the area in question is or is not Open Space. Open Space means "any portion of a parcel or area of land or water which is open or unobstructed from the ground to the sky (with the exception of permitted architectural projections, such as building eaves, (above ground level) and shall include areas maintained in a natural or undisturbed state, as well as recreation areas, pools, plazas, pathways, fountains, landscaping, and similar areas which provide visual relief from the mass of buildings." Open space areas shall also meet the following characteristics relevant to the Collins Block: "A. Open to View. Open space areas shall be open to view from the street at pedestrian level, which view need not be measured at right angles. Fences or walls shall only be permitted within or around the perimeter of open space if such structures shall permit views from the street into and throughout the open space. B. Exclusion. Open space shall not be used for storage, utility /trash service areas, rear access area, parking areas or structures of any type, except as specifically provided for herein. • - u 608 east hyman avenue o aspen, colorado 81611 a telephone: 303925 -6866 Mr. Alan Richman April 5, 1989 Page Two I. Commercial Activity. No area of a building site designated as required open space under this section shall be used for any commercial activity, including, but not limited to, the storage, display, and merchandising of goods and services." Apparently Bill has taken the position that the area is "non- conforming open space." As you know the code neither defines specific dimensional requirements as non - conformities nor makes provision for the administration of such non - conformities. The code does provide, however, for the administration of non - conforming uses (uses from the use list for each zone which are no longer permitted in the zone district in which they were previously established) and non - conforming structures. Non - conforming structure means "any structure which was established pursuant to the zoning and building laws in effect at the time of its development, but which does not conform to the dimensional requirements imposed by this Code for the Zone District in which it is located." Under Section 9 -103, a non - conforming structure: A. may be continued in accordance with the provisions of Article." or C. Extensions 1. General. "A non - conforming structure shall not be extended by an . enlargement or expansion that increases the non - conformity. A nonconforming structure may be extended or altered in a manner that does not change or that decreases the nonconformity." The area in question is fenced, obstructing to some degree the visibility of the area from the street, it includes sheds and other structures and it clearly has been used for the storage, display and merchandising of goods and services for many years. In short, it is not open space as currently defined by the Code. ri • 0 _ 1 Mr. Alan Richman April 5, 1989 Page Three It seems to me that when the City desires to specifically limit the activities which can take place within open space, the City should also be prepared to acknowledge that occasionally activities will have previously been lawfully established for some structures which cause those structures to be non - conforming with regard to open space, subject to the provisions of Article 9. Fortunately, this situation is not in conflict with other land -use policies of the City, as P &Z is already authorized to consider by Special Review varying the open space requirement in the CC Zone district; the Historic Guidelines also now encourage maintenance of the storefront along the sidewalk in recognition of the historic character of the downtown area. The issue, rather, is whether the owner shall be required to compensate the City with an open space payment -in -lieu for "lost" open space when in fact no open space presently exists on the site. This decision significantly affects the owner's ability to maintain a plan for continued hardware sales in the building. Let me know if you need additional information regarding this issue. Sincerely, Joseph Wells, AICP JW /b • - -- — fl s E — \ • ;. k• • 1. 1'' \��. _ r \ S' D /:: ) \ g a, 1 y !I!) y .I ,� -t ; n s ti II a t a,. \,_i.. =P' I . } h I I� �� ii ���I� IDt J t . l l J __ ,� . � ' , }:" .... . , i f l I 1 k .;:ic..,01.'.1...:1 'k.'' ''' L •"- .' - if ='.7,, ,c,,:..e.-,, 7--..../.2,..;,-...i i 1 ifr,' • ' • •i 4i. ' ;Y. l i., e :,),..!,. .;. \ :• .. . X. I ! ' , t 4. '. I ' : 1 i I J . 7 • " ' ' i . 1 • .. ::, , .) .., 1 1 hai, ' '}■•••••- ' . 11..‘.... % . b \ ! ..' :-...,. iik..V • ' L ' 4 .11 .. • P ',.: . ' ' .. • V I ). ' • ''' . : in ,,• sti.,. .-„,. -,,,:i.F.r .., ; 4 .4;„ . t,., r - , • 2.I \ ,,,,,i , .:- Ps 2s , i. z.. .-4.4 :-.1.........-..., ,, , . 1 ..df•N:Itte I ‘` -\\\'',., - •'Th. , 1 _, - : '''":".:' •' . i ..-2 i' . • I., . '1€ , , ) .:C to ,,r 1 . 11 ' . - i , r P ) v • ' ,,,, , 1 ,' _:'-v- 'T ',-, \'''•, , ; „ .1. / ‘ ! 4111k tt, I ' ' , \--‘ \-- 4 - I 0 4 II • , . . . I i . t i ' • ' : t • •til , Ic• 1, I , . 4, ... / 4 Et / ...— t . g, y.-01.1 i .. ., 1 , A -- . I I ' , 4 t C ? , , i i 1 it \ i b I i 1 5. , i , ' I i s :' i ii * r - • ililli 1 ,1i. 1 I. •, ,. ,,-- L ' 1 1 a 11 r , , i 11 i . ,, ■ , I . j $... hi , ,` 1 , ;...,) , I .... ,,, , 7 ,i ' i t 41 4 ' - — - 2 • 1 ; I- / . ; i ''' • -;; 1.... I . !.....- ••••‘-‘ r 11 ; • ' -- - _ --------, r .. d. Jr L0 5 ht, __ . i ' - \ r . : i4 N Kr' ' --4c.'..1.'e-C.."4 ' ”:" :-T ... '■ r "?Z'-'' .. ' 1 . j ; — , ' Vi .\ ''' . i . ' V' 1 . "'NI ii■Y . .- . ., ; ., Th IN , ‘ 1?" j : ' ' 1 . t • ‘ ' % \ . . \ ''' '' . I' ', " t. '`..' • -'1‘ '' ' ' • AFFIDAVIT The undersigned states that he has personal knowledge that the property, delineated on Exhibit A attached hereto (the "Property "), has been used continously for at least twenty (20) years to the date of this Affidavit in the following manner: A. For the storage of building materials; B. For the display and merchandising of gardening and building materials; and C. For parking for the Aspen Hardware Store vehicles. The Property has been screened from pedestrian view from Hopkins Street by a fence eight feet (8') high. This Affidavit is made for the purpose of submission to the City of Aspen for determination of the use of the Property since 1969. Subscribed and sworn by the undersigned this 6 )day of ( AfJp A t , 1989. 1 1/MIA/ 11841 EI /n6 R A ti N /< AFFIDAVIT The undersigned states that he has personal knowledge that the property, delineated on Exhibit A attached hereto (the "Property "), has been used continously for at least twenty (20) years to the date of this Affidavit in the following manner: A. For the storage of building materials; B. For the display and merchandising of gardening and building materials; and C. For parking for the Aspen Hardware Store vehicles. The Property has been screened from pedestrian view from Hopkins Street by a fence eight feet (8') high. This Affidavit is made for the purpose of submission to the City of Aspen for determination of the use of the Property since 1969. Subscribed and sworn by the undersigned this ( day of A �Y;� , 1989. 1 111• . y_ 1 v“v1 AFFIDAVIT The undersigned states that he has personal knowledge that the property, delineated on Exhibit A attached hereto (the "Property "), has been used continously for at least twenty (20) years to the date of this Affidavit in the following manner: A. For the storage of building materials; B. For the display and merchandising of gardening and building materials; and C. For parking for the Aspen Hardware Store vehicles. The Property has been screened from pedestrian view from Hopkins Street by a fence eight feet (8') high. This Affidavit is made for the purpose of submission to the City of Aspen for determination of the use of the Property since 1969. Subsc ibed and sworn by the undersigned this t day of , 1989. iTEaR Py AFFIDAVIT The undersigned states that he has personal knowledge that the property, delineated on Exhibit A attached hereto (the "Property "), has been used continously for at least twenty (20) years to the date of this Affidavit in the following manner: A. For the storage of building materials; B. For the display and merchandising of gardening and building materials; and C. For parking for the Aspen Hardware Store vehicles. The Property has been screened from pedestrian view from Hopkins Street by a fence eight feet (8') high. This Affidavit is made for the purpose of submission to the City of Aspen for determination of the use of the Property since 1969. /_(/ / 9 ribed and 9 by the undersigned thi + .:y of � , 1. // Doremus &weLLs an association of land planners • September 6, 1989 -6 Tom Baker, Acting To B , g Director Aspen /Pitkin Planning Office 130 South Galena Aspen, CO 81611 Dear Tom: As a follow -up to your August 10, 1989 letter to Andy Hecht regarding the Collins Block project, we are re- submitting the proposal based on your determination that the unenclosed exterior sheds and the loft of the enclosed shed should not be counted in FAR. The unenclosed sheds and loft which I previously counted in FAR amount to 588 square feet; if this square footage is deducted from the total square footage previously credited of 10,885 square feet, the balance remaining would be 10,297 square feet. As stated in Ordinance 27/1989, development involving Historic Landmarks which does not increase the building's FAR shall be exempt from CMOS. In order to continue to comply with that condition, it would be necessary to remove 567 square feet from the proposed infill building. We propose to remove the necessary square footage from the infill building as illustrated on the attached drawings in order to be able to proceed under Ordinance 27. The reduction would be accomplished by not enclosing the shops at the southern end of the infill building. These areas would be covered but would not be enclosed; the glazing and kickboards would be omitted from these areas, but they would otherwise be detailed as the other shops in the courtyard. Because these covered areas are at natural grade, they would not count in FAR calculations. Upon agreement by the Planning Office that the FAR square footage is not increased from that existing, we should be able to proceed to HPC for final HPC review for the infill building and remaining exterior changes for the Collins Block, assuming that the Board of Adjustment reaffirms its prior approval regarding the open space hardship on September 7. ■ 608 east hyman avenue o aspen colorado 81611 o telephone 303 925 -6866 ■ Mr. Tom Baker, Acting Director Aspen /Pitkin Planning Office September 6, 1989 Page Two In order to clarify the intent of the second issue which you raise in your letter, it has always been our assumption that any future development which increases FAR above that existing would have an affordable housing obligation under the provisions of §8- 104B.1.c, as amended by Ordinance 16/89. For the Collins Block, the afforable housing obligation under Ordinance 16 for an enlargement at 1.5:1 FAR would be 60% of the employee generation for commercial use or 35% of total population for residential use. Since the Ordinance is not specific as to how to perform the calculation when more than one use is involved, I have anticipated that the uses of the new FAR space would be compared to the old to develop a percentage to be calculated at the residential rate and at the commercial rate. The basement space shouldn't enter into this consideration since one of the major incentives granted to owners of Landmarks under Ordinance 16 was that mitigation was not required for non -FAR space. When Ordinance 16 was drafted, we did not incorporate very specific language about enlargements of Landmarks which exceed the FAR allowed by right and therefore fall under Special Review; I have assumed, however, that the affordable housing obligation for any additional FAR space above 1.5:1 must be based on the requirements for the uses proposed and that 60% of the space must be deed - restricted. On a related topic, I recently received a verbal clarification from Leslie Lamont (who had spoken with Alan) that when affordable housing is provided on -site in order to qualify for bonus square footage under special review, such housing can be used to meet a housing obligation created by other provisions of the Code. As you may know, we have a building permit application on file for the basement space and the renovation of the Collins Block. Final HPC approval has previously been granted for the Collins Block renovation. We are proceeding on the basis of our prior discussions that a building permit can be issued for construction of the basement and Collins Block renovation once any Building Code issues are resolved. In light of the particularly fragile condition of the building at the present time, we need to be sure ■ • Mr. Tom Baker, Acting Director Aspen /Pitkin Planning Office September 6, 1989 Page Three that there are no obstacles (other than the Building Code) to prevent Harley from obtaining a permit to begin construction of the basement and to renovate the Collins Block. The building permit application has been on file for several weeks now, so we need to address any additional issues as quickly as possible to avoid any further delay in the issuance of the building permit. Give me a call at 925 -8080, if we need to discuss this further. �i- ee�r�ely, %Jgseph Wells, AICP JW /b -E Doremus &weLLs an association of land planners 0 September 6, 1989 Roxanne Eflin Aspen /Pitkin Planning Office 130 South Galena Aspen, CO 81611 Dear Roxanne: Enclosed is our revised Final HPC Submission for the east wall of the Collins Block and the infill building. As we discussed, the rear shop spaces in the infill building are not enclosed in order to eliminate FAR square footage so that we can qualify for GMQS exemption by the Planning Director and proceed to building permit. When we file for the balance of the project, storefronts identical to those shown previously will be proposed for these shops. In light of the present condition of the building, it is crucial that we be able to proceed to permit, so that the building can be enclosed prior to winter. After meeting with you yesterday, Harley expressed concern that because the elevator is in the infill building and since it is probably required to serve the basement, that we may be prevented from getting a building permit if HPC is unable to approve the infill structure until the third week in October. Do we have any alternatives at this point? ,cci��, ds, � e+/ oseph Wells, AICP JW /b ❑ 608 east hyman avenue o aspen, colorado 81611 o telephone: 303 925 -6866 FINAL HPC DEVELOPMENT PLAN REVIEW AND GMQS EXEMPTION REQUEST FOR THE COLLINS BLOCK PHASES II AND III September 6, 1989 TABLE OF CONTENTS Page I. INTRODUCTION 1 II. FINAL DEVELOPMENT PLAN REVIEW OF SIGNIFICANT 3 DEVELOPMENT WITHIN THE COMMERCIAL CORE HISTORIC DISTRICT INVOLVING AN HISTORIC LANDMARK ( §7.601F.4) A. A Written Description of Proposal 3 B. General Application Requirements ( §6 -202) 5 C. An Accurate Representation of All Major 10 Building Materials D. Architectural Drawings 10 E. A Statement of the Effect of the Proposal 11 on the Design of the Historic Structure F. A Statement Regarding Conformance to 11 Conceptual Approval, Including Any Conditions III. REQUEST FOR EXEMPTION BY THE PLANNING DIRECTOR 14 FROM GMQS PROCEDURES FOR AN HISTORIC LANDMARK ( §8- 104A.1.b) I. INTRODUCTION This application, filed on behalf of Harley Baldwin Associates, requests Final Development Plan approval by the Historic Preser- vation Commission for the east wall and rooftop addition to the Collins Block (Phase II) and for the adjacent infill building (Phase III), located on the north 80 feet of Lots A, B and C, Block 88, Aspen Townsite. The Collins Block was constructed in 1892. It has served as a rooming house and a commercial building, housing from time to time a mortuary, a hardware store, and other retail establish- ments. The building is a designated Landmark structure with a rating of "Excellent" and is listed on the National Register of Historic Places. The building presently includes approximately 11,500 square feet on the 7,200 SF site. Existing FAR square footage is 10,297 square feet and net leasable is 9,371 square feet. Under separate cover, a request for verification of the existing square footage has been filed with the Planning Office. As a result of the removal of the existing structures in the yard area, the project as proposed in this submission results in a net reduction in FAR square footage of 22 square feet, to 10,275 1 square feet. Net leasable space is increased by 6,607 square feet, to 15,978 square feet as a result of the full basement to be constructed under both the existing building and the infill structure. The applicant intends to pursue in a future application an increase in the existing FAR square footage of approximately 2,000 square feet through the addition of a second -floor loft addition internal to the existing Collins Block structure and enclosing of additional shop space in the infill building. These future additions will not require any further exterior modifications of the building other than the addition of shop storefronts identical in appearance to those illustrated in this submission, as illustrated in the original final submission filed in July. In order to complete the review process necessary for these additions, however, applications must be filed for review by the Planning & Zoning Commission and City Council. Because the time involved in processing these reviews would preclude completion of any of the proposed modifications to the building in time for tenant occupancy by the winter season, the applicant proposes to proceed with final HPC review for the exterior changes as proposed in this submission. 2 II. FINAL DEVELOPMENT PLAN REVIEW OF SIGNIFICANT DEVELOPMENT WITHIN THE COMMERCIAL CORE HISTORIC DISTRICT INVOLVING AN HISTORIC LANDMARK ( §7- 601F.4) A. A Written Description of Proposal As previously discussed during the review of the Phase I renova- tion proposal, the applicant intends to preserve and to restore the existing street facades and all of their elements. Deterio- rating or hazardous conditions which presently exist are being remedied through the work that is presently underway on the building. The sidewalk loggia, which was added to the Mill and Hopkins Street facade for pedestrian protection in 1963, is being retained. The east side of the building was originally designed and con- structed assuming that a separate building would be constructed on the adjacent parcel and therefore does not exhibit the detailing of the street facades. In fact a one -story structure was previously located on Lot C in the past. Along the upper east facade of the building the applicant pro- poses to continue the existing street parapet detail. A sandstone cornice course is proposed to be added to the street facade parapets to conceal the third floor structure from view 3 and to strengthen the vertical termination of the facades. The proposed structure remains well below the Main Street Mountain View Plane as a result of the reduction of the rooftop addition to only 14" above the parapet. In the area of the existing yard area, the applicant proposes to replace the existing commercial space with small shops accessed by a courtyard off of Monarch Street (Phase III). The storefronts of these shops will incorporate elements of the adjacent building in their design to create an imaginative space which will benefit pedestrian activity on Hopkins Street. The shop fronts will be painted wood in muted Victorian tones (as illustrated on the attached information) and awnings and fixtures typical of the period will be included. The paving materials for the courtyard will be of a herringbone brick pattern with margins of exposed aggregate concrete. Landscaping will be limited to potted plants, hanging baskets and window -box planters because of the intimacy of the plaza space. 4 B. General Application Requirements ( §6 -202) 1. Completed application form is attached as Exhibit 1. 2. Applicant's letter of consent in attached as Exhibit 2. 3. The address and legal description for the parcel are stated on the application form (Exhibit 1). 4. Disclosure of ownership is attached as Exhibit 5. 5. A vicinity map of the subject parcel is attached as Exhibit 3. 6. Compliance with relevant review standards [ §7- 601(D)] The project complies with the review standards of the Land Use Code, as follows: a. "The proposed development is compatible with designated historic structures on the parcel and with development on adjacent parcels." The applicant's proposal to restore the Collins Block storefront and upper facade (Phase I) has been highly commended by the Planning Office and has received final approval by the HPC. Damage to the architectural details is presently being repaired, surfaces cleaned, and the original glass and hardware are being retained. 5 The rooftop addition (Phase II) has been limited to 14" above the parapet as approved conceptually and is set back from the two street facades a minimum of 15 feet. The detailing of the infill building (Phase III) has been simplified as required at conceptual review to be more compatible with the historic Collins Block. b. "The proposed development is consistent with the character of the neighborhood." Phase II received conceptual approval subject to no rooftop access and further study of the east facade. The revised east elevation submitted with this application reflects changes resolved with the HPC Subcommittee subsequent to Conceptual approval. Staff previously suggested that the infill structure's storefront is appropriate in scale. Staff recommended the use of a combination of principal facade materials, not just rusticated sandstone, and the use of a more simplified parapet and window treatment and these recommendations have been incorporated in the proposal. 6 The courtyard concept previously approved has been retained, incorporating small storefronts accessed through a central arch at the Monarch Street sidewalk. c. "The proposed development does not detract from the cultural value of designated historic structures on or adjacent to the site. As previously recommended by Staff, every attempt has been made to maintain the Collins Block in its current form without significant alteration which might negatively affect the character of the historic structure. The Planning Office has previously supported the role the infill structure will play in the district and in this block of Hopkins Street. The block presently has little continuity in setbacks and the infill project will help reestablish such continuity. The sculpture garden in mid -block provides this block with ample "open space ", in Staff's opinion. d. "The proposed development does not diminish or detract from the architectural integrity of designated historic structures on or adjacent to the site." Concerns raised previously during conceptual review by Staff regarding the third floor addition and the infill building have 7 been addressed through a significant reduction in the height of the third floor addition and through a simplification of the detailing of the infill building. e. Applicable Secretary of the Interior Standards The Planning Office previously referred to a number of national guidelines in its review of the proposal. While these comments generally focused on the impacts of the third floor addition, some of those comments are also relevant to elements of this proposal: i. "Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environ- ment, or to use the property for its originally intended purpose." The rooftop addition as approved has now been reduced to such a degree that it represents a minimal alteration of the building. A one -story infill structure is proposed for the vacant lot currently used as a lawn and garden center. Staff has found that this addition will require minimal alteration to the Collins Block structure and meets this standard. 8 9 \.r ii. "Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural materials, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood or environment." The storefront restoration activity proposed in Phase I will repair and replace deteriorating elements and has received final approval from the HPC. The proposal for the infill building (Phase II) previously incorporated a very traditional "Victorian" storefront design which was too elaborate for this one -story structure in Staff's opinion. The applicant has restudied the facade to incorporate compatibly - scaled features in the design. A small detached one story structure previously occupied this vacant lot and there was relative consistency in the relationship to the sidewalk of structures along this block of Hopkins. iii. "Whenever possible, new additions or altera- tions to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired." 9 The height of the rooftop addition as approved by HPC has been reduced to 14" above the existing parapet and set back from the street facades a minimum of 15 feet. The more ornamented design of the previously proposed infill structure has been simplified in order to not compete with the Collins Block. The proposed materials are brick and sandstone tiles, painted wood kickplates and windows, fixed transoms and small divided sidelights surrounding the storefront windows. C. An Accurate Representation of All Major Building Materials Samples of the sandstone tile and brick to be used for the infill building, as well as trim colors proposed were included with the final submission originally filed in July. D. Architectural Drawings Architectural drawings of the Phase I project as approved at Final Development Review and Phase II and III as approved conceptually are attached as Exhibit 4. 10 E. A Statement of the Effect of the Proposal on the Design of the Historic Structure Refer to IIA, Written Description of Proposal and IIB6, Compliance With Relevant Review Standards. F. A Statement Regarding Conformance to Conceptual Approval, Including Any Conditions The HPC granted Final Development Plan approval for the renova- tion of the Collins Block (Phase I) on May 10. Approval was granted conditioned on the following: 1. Submission by the applicant and approval by staff of the written guarantee addressing structural damage due to proposed foundation repair, prior to the issuance of a building permit. The applicant has submitted a revised guarantee for the City's consideration and a building permit has been issued by the City. 2. Original arched transom glass panes in the Collins Block are to be retained as required. 3. Mortar will be repointed where necessary in exact duplication of the existing detail as required. 11 4. An additional condition of final approval required further study of the east wall. The applicant has worked with a subcommittee including Bill Poss, Don Erdman and Roxanne Eflin to resolve the detailing of this facade. Four small arched windows are proposed in the recess to provide light and ventilation for the second floor loft and two larger windows are proposed in the northern portion of the wall closest to Hopkins as shown on the east elevation. Brick from the original east wall, badly damaged by roof drainage, have been carefully removed and stored for use in the rebuilding of the facade. On May 24, the HPC granted Conceptual Development approval to the rooftop changes necessary for the proposed second floor loft addition (Phase II). Conditions of approval included no pedestrian access to the roof (which has been precluded in the plans) as well as further restudy of the east elevation, as discussed above. This application requests Final Development approval of these exterior changes; approval of the second floor loft addition internal to the building will be requested under a future submission to the Planning and Zoning Commission. 12 The infill structure proposed for Lot C (Phase III) received Conceptual Development approval from the HPC on May 24. The following conditions were included with the approval: 1. Detailed information as to how the existing and the new structure are joined. The infill building will be set back approximately 2" from the plane of the Collins Block facade to distinguish between the two elements. Brick has been selected as the predominant masonry building material for the infill facade with sandstone to be used only as an accent meterial. Refer to the architectural drawings of Hopkins Street facade and detail of the infill building street elevation. 2. Samples of building materials to be used, specifically the sandstone and brick proposed, are being submitted with this application. 3. Proposed colors of the new facade are shown on a color board included with the July submission (Exhibit 6). 4. A line drawing at 1/2" = l' -0" of the street facade of the infill building is included with the architectural drawings. 13 III. REQUEST FOR EXEMPTION BY THE PLANNING DIRECTOR FROM GMQS PROCEDURES FOR AN HISTORIC LANDMARK ( §8- 104A.1.b) GMQS exemption procedures for historic landmarks have been modi- fied recently by the adoption by City Council of Ordinance 16 and Ordinance 27. Under the provisions of §8- 104A.1.b(2) as amended by Ordinance 27, the project is eligible for exemption from GMQS review by the Planning Director. Although the project results in an increase in net leasable square footage (from 9,371 square feet to 15,978 square feet) because of the added basement space, the project's floor area ratio remains the same as a result of this application (1.43:1). The chart on the following page lists the square footages of the existing and proposed development for the site under this submission. 14 (J7 'O 01 rrr • co y p '�U ( ( 1�+ F es + - Ai of .. . (D tT ( r p pn�1 •• d 8 (D N N N CO O D. £ N W 1y a 7 0. w N rt rt p1 M m '•7 n]J 1 Nr n r� rt I-+ h pQ + r• 8 q 2 0 8 8( n Pi (D N N 0 0 r .... .. r 0 O M J rt N K 0 O (n N• CO N 01 N 01 01 01 01 01 R' n 0 CO CO CO CO 0 CO I-+ N in F 11 1 aonn O N N I ,a O 1 0 nn (p O O1 O1 0 O 0 I.+.. N 11 N 0 N 7 P1 a a a ea ,a 1 N ' 0 1 0 N O O I O 1 1 1 O L7 co W W CO I W 1 CO N I-. F+ . 10 l0 1-1 • 0 I--. as 01 F-+ 1 W W N W N .a I N 01 I N 0 I J - 4 O .. l0 l0 I ld J Co O rr 1 1-• 0 ICJ J W01 OO pl I-1 1 •� 1--. 01 01 1--' M 01 •• to ON n O F+ 0 F+ F+ 1 1 N a -a J O -4 -4 O J 0 O I- CD F, 2 m oo n n G r G r o.-• 1 1 1 co -4 (xi W J 1 W 1""' N U] co co a N ad N NO 0 30 h7 8 v .Fp a x] a a a a -• as C7 I a rn 1 Cr‘ rn r • W I 1 1 0 0 I rn + I I (0 N H N H 0) H 1 1 -- 1 r I ON (O 01 -4 • 0 -4 a 01 J a. .P Ol NO N N 0 O J J a • J N W I y. J I- CO 01 •• 01 0 w 1 as 01 g N 1.1 EXHIBIT 1 -AND USE APPLICATION FOR 1) Project Name COLLINS BLOCK PROITErT 2) Project Location 204 S. Mill Street, Aspen, CO 81611 (North 80' of Lots A B Bloc 88 A s pen Townsite) (indicate street address, lot & block number, legal description where appropriate) 3) Present Zoning CC 4) Lot Size 7 ,200 sf 5) Applicant's Name, Address & Aron # Harley Baldwin Associates 205 S. Galena Street, Aspen, Colorado 81611 (303) 920 -1800 6) Representative's Name, Address & Mona # Joseph Wells 180 Midland Park Place, F -2, Aspen, Colorado 81611 (303) 925 -8080 7) Type of Application (please check all that apply): Conditional Use Conceptual SPA Conceptual IListoric Dev. Special Review Final SPA X Final Historic Dev. 8040 Greenline _ Conceptual AID Minor historic Dev. Stream Margin _ Final. AID _ Historic Demolition Moxnntain View Plane _ Subdivision _ Historic Designation Orndcminiumi2ation _ Text/Map Amendment _ GEC'S Allotment Let Split,/Lot Line X Gmm Exeupt-ian Adjustment • 8) Description of . Existing Uses (number and type of existing structures; approximate sq. ft.; number of bedrooms; any previous approvals granted to the Ply) . Basement accessory space - 1,200 sf 1st Floor & Loft commercial = 5,764 sf 2nd floor residential - 4,533 st • - .1 - - •• - 49 sf ( F'1B s£) 9) Description of Development Application Final Historic Development Review for Phase II and III CMQS Exemption by Planning Director Total proposed square footage of 17,520 sf (10,775 FAR sf) 10) Have you attached the following? X Response to Attachment 2, Minimum Su mission Contents X Response to Attachment 3, Specific Submission (intents X Response to Attadm ent 4, Review Standards for Your Application THE BRAND EXHIBIT 2 September 6, 1989 Mr. Tom Baker, Acting Director Aspen /Pitkin Planning Office 130 South Galena Aspen, CO 81611 Dear Tom: This letter is to confirm that I am the record owner of the Collins Block, Block 88 Aspen Townsite. We have requested that the attached application be prepared on our behalf. Joe Wells will be our representative in Aspen during the City's review of this submission. Sincerely, Harley Baldwin President Harley Baldwin Associates, Inc. HB /b Enclosure 205 S. GALENA ASPEN, COLORADO 81611 303.920.1800 FAX 303.920.3602 \ : -I ' - x .-f abr a - r-. -i — EXHIBIT 3 MAIN ST x7905.4 - __' • 0_0.0 .C1. CZ.SJ_ - -- - - - - - - - - - - -- 1 I PS _ _ _ 0 0 111- 0 I • —_ L_ 7904.7x -� ~ �— ___—) x7908. t 1 1 ,II 1 w Q x c w I li CC 1 LP) 1 B ANK OF ASPEN 1 -1 ISIS — I 7 j ) --- LI I : // , ' 1 t PKINS AVE x7909.0 C 1I {: 11.1 a , C7 - 1 COL LINS ' ; \ BLOCK o 11 7906.Ix .__j, -" _ / i w 1 2 ° / Ix 7913.0x I n J I . r�,1 — e`,1 ' 1 ; G u r Wit, o r — zit r 1 c _ �. _ • 1 <, ,, y L- J - it- X11 1-i _ I II w °R p r • i i 1 'r1 • I 7 r = -_ 1 , _ II I L – JL `— I MA ! _ : [1 (• tr I < I __ I 1� I � I I I 1 , i ri v- I, 4 3 1 1 I. I L- __J I_ i = 1 i i i. 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" a t ° si $ 4x4- : =aa =t = ` Q , ,13.ipitgr :5 W a It . Li Q s a . ot a _ - 19 : /.4i;,?;., 3{ !g ap i €a 2 6 1 b ill 3 hl - "rata a5. Ai • 9 use fd o, I a, Y . a' a0Z l 4 ° .6 N • / O u�' ou " ie 8 P706) s Oe P = u E y f i 8 o V J r l!r.!\ iF \ 1 3 4 om °� m J L L : mm.s c °`t 1� m . E r LQ a °b o ' o ' N wl a 9 A m ! J -is Z^ P i� z Q o9 m 3 > 4.--44.% H ; ? a € 6 j ui isEVite 5 Lz !1 \ I _ 1 ti 5: [ vi rl fi -- as $ j b s .0 0 .703 �3.� = M 8 A IY6 • P a _ l I o. CO ' - o 3 '1S 11111 'S /' ti r ga=s" II EXHIBIT 5 becurded at 2/1/ • o'clocNl_T . li:;eption No _ { k . ■ • r y SILVIA DAVIS MAIN COUNTY RECORDER wAP17AtTfY Dog) 7 f 1 Catena THIS DEED, made this h 161-.8.1 Ilardu 5 Supply Company, �, day of l March, , C,r between n the Y . \) County of Pf tkln an l Stel Inc 0f rn Colorado G por atlnn of the Baldwin whose legal address lorv,do, ,ram nr unf nr1,, ,� , Asp In t Brand Huth'', ..7, 1'1S ;;r! W' y Fr V e n. Colorado fll /11 rl the r of 1' { Of Colorado. Chancre: • ' +* NI TNESSETII, h �)' sum that, t e rantor Int other -j,1 fr In ,.onslO1Jer at ion r, ion . v �• of Ton Dollars and • a . Orr; J, receipt and au ff lc lgnrr Orf which ,if et° ^onsl Jer � granted, bargained, sold and rrnvw wd s nd by acknowledged. n ,,, 9 s011 Onvey and r r m . by [ bane Crantco 1n.. +s ,� grant, bargain, o a " ^ . M J improvements, heirs and assigns forever, confirm roto rhn r ether 1 T rent ' if any, all the property Pltkl situate. tn, cribe fns together e. n and State of Colorado described being In the (Tnmr i V ip The real property Inscribed n '1xhlh attached lt A attach , ' -.,: hereto and Lncorpora tad herein n V • 'his • reference 7 y f4r as known by street Ind numl.ry . 1 +f Colorado. ��1 ,o rU, 4111 ; iron t, Aspen, �6 appurtenances w with all - 6n h = TOGETHER then In '�rll f ar e had. tamen/I �i] the reversion and Del •r in in c 7i:it. ' rvwlq appertaining, rnd f revers ion.; a inders r and • t Segues and profits thereof m,lnl r Ind remainders, title ,�sR y ; interest, claim and demand haL�ory r the rata, right, flits law or equity, of, in W t he and r t . t.,n ,)rn o h '.r rotor. e char ! n hereditamenta and appurten m;r r.':'r ga�nnd ptwminne, wftn 5J t TO HAVE AND TO HOLD rh ':ar] pram: j 1 described, with the above h,r ` ' aPp ton n;r,. no ho b 1.. nd u.: ' ` V ? Y and aaalgne forever. And the : rantrn, h,s hen: , .r i 1r, O y personal representatives, does Its "er 'n v:d • agree to and with the Grantee, coverlet, t J l-; hark. t, ,ne + a x* . time of the eneealln htq h red re i. I Wad of the g and arll„n,y e tee.; . it /he -} Prem above 1 I'rnscnt s, It s well a end indefeasible °nvr Inherit/men. has • e per fe g ood, u ' •aimple, and has right, estate of and lawful In law n I grant. bar good r1 ht, power na and manner aforesaid, gain and that , sell and soave '' 'y to r the saran to manner g + Z and other rants, the rg ease ern q and clear from all loaner 'a" encumbrances and restrictions of l whatever lions, kind or ,e ven s /cm A3 t'¢, ^ moots, f { c except tares due payable f or and ^r nature .onver r �, tax, special assessment, rharge Ire9 and mpo years: an• or l ' Sear service or for any nther Special taxi i g di ed tr 1 „r I J r r r ,,¢ il`e and subsequent years; reservations contained In ❑eed from Ira, City of Aspen as follows: no title shalt be hereby arJ,ired t ` r P( . a claim gold, silver, cinnabar or copper or t > r W ,. poasenalon hold under nxlat h "/ V • rl i.14',. an t ri, lil r i a ' t ! + ,ly e r l . ^.14 t ` ^ MAR (l Mt 1 4 r rt 1 i '' , t T” C 1 ]' - i i t • f �4 ' rt 4 : Y 1 ad ;0. . • 5't'4' + ) ;yJ Ti i! ? r ; 1 1 5 ffY S' , • j {, 1 I, 1 -'.'t ' f C J t�YY T a 'h1'f ' i J �t F +: l; f SN /A Y 11 '' y 4 a'�C1 } 1 4 r . • r+''T4 4 I Y M A q1 36 x5+166 �k_�'i 'df x n ;l h c '} , ....'w.. 'F.a.a +Jw lMt �:Yly '.- ,m.tl• N7,ik`y1�„ •�' TM' Y . J t HI 0 �I 559 134111 , in lnetrumente rseorded In Hook 79 at Page 32, in e dad X w )4 3071 any 9 nook 11 at r Seri e s a .S a ) ■ , Y loss Or damages ne a result of Ordinance No. 11 r of 1987) which repeals and reenactn Section 2e -9 of the Municipal . ,_ N'y Coda, tltlod, Historic Designation. ` 1• : The Grantor shall And will WARRANT AND FOREVER DEFEND the above - bargained promisee in the quiet and peaceable possession of • • t p the Grantee, his heirs and ane.gne, against all and every ; ._ • or persons lawfully claiming the whole or an Y ereofn P i rovl0ed, h waver, that the Receiver executing part D thereof; y , r o behalf of Grantor shall have no t 9 this Deed i m i by Grantee, his successors or personal arising f0 or a any nyrea son MO whatsoever under this Deed and Grantee, his nucceseora and *aligns shall have recourse only against Aspen Hardware and Ii Supply Company, Inc. as Grantor hereunder. The aingulnr number ,tr s include the plural, the plural the singular, and the use o! any gender shall be a ��' ��'1`,H•1 pPl TNESS WHEREOr, lcnhle to all ge^derc a • . ;l'. IN WITNESS the Grantor has nr.ecut ed tole deed on the date ast forth abrn•o A • '•;:r.$ t� ` i ASPEN' HARoWARI. Ant' SUPPLY COMPANY, ...{{{ `, -. INC n Colorado Corporation } Ili .. .. +� .q. ROtrrt Camp Noce lv� - -- - - - e1 •Att a STATE OF COLORADO ) •'j COUNTY OP PIT ) a6. d l pf W, thrr _ u -`-a 4r a Subscribed and sworn to before m 1989 by A r. e , , y s pen Ha rdware end Su da of March, u . Corporation by Robert Camp, Receiver. Cnmpnn Inc., o Colorado { O , Witness my hand and official veal. t t .,, ; , My commission expires: rev: ice t e to .r _. • ticc F Notary Publ fr 14114 1:)1 7 ii or�fl� i x y , Y/a6 ', tr ; t i �r 0 f r C 4 • l',4‘4, q` t • '''' A 2 .. f1,. n i 3k • • • 6 d t Y ' ,. 4 4 J'f i p • 44 i d R -sty; ,wi 14i "114K r h" ..- ; ., " i 'a, i. • • . sir { 4 ,et' 11 ,7 So- f 4 4 ' ' .9 ' ` p i tvu 4r e f , a +. r ... v A t ,1+#" $ T r i 3 'ry 6 2. µ " Y a �( r '' # '' " E XHIBIT 'A' TO WARRANTY DEED 1,.' {. li by. 4 ti 1. 1 { ' j t4/ N , .r 11 th so teat st Lots A. B end C. Sleek . City end Towne)t• of } f " • fro, &i " y •ip0R 100000tlag that portion of said Let C senye by Quit tl•1a peed 9 .: . t ' f1, . t toistded 1h -Beek 121 et Pege 416 of /*thin County Record•) xy ' . ! "s` 4,B 1 deesrlb*i ut .x ', • ITL ' iullt sl Oipa*/ Ne. 1 which 16 the lontheaet corner of Let 0 to t : � 4 J t kps .1";44ks Oleo Ind t.wn.l to et end the /esM test Corner of ' r,� ,te i tdld 31ask *Ilea,* rsesl.t .lea/ the loth Boundary of Let 0 la j ;k q, o 1 , � t Y i : 1 t a 1tl s diltssta a Bs tut t• Csntr No. 1. ..t,,•, , `' . 4,U f 1' 0 NOO. d Nertkerly d1realen pollel to the west sndsry ' d' 1 41stll.. *1 20 tac to sere./ as 1a. s, u y " ) ,'• 4 4 ill Easterly d ire s t Ion p.re to the troth Seuodarl ` �y .. 31, -,t i: 'sid 1 a distance of 41 fest to Cotsu No. 4. thence 1 ,, i` y +, +1 R direst WWA pirUlo1 to the East b.endsry ep'tsld L "1 t . „i, } ,�. a lst 11 I B feet to Ceraor No. d, theses monolog le a i 4 , 11 I1t.dtl.s sleet the Tooth Boundary of •e•ld Lot B e dleteno• s1 a ; "" tT ;. 0 o1 Osyatr No. 1, the pleos of beg nnln/t ;i i i9 .. a "} �n4 >x�M and • .i +1 l..th tw.lty (101 test er the test Thirteen ( *1) feet of Lot f ifes 'E• le Bleak es, City and Townalt• of A•ttnt • ' � ,.t^ ; ?i •nd t t1e /t \. (101 test of the 60•[ Twenty rive 1171 raft of Lot " , ' 6� t '0' le Bleck as. city and Townsit• of Aspen. i i' 1 1 °� y , �' Y:iY) 1 + 149 T 74"11744.00e% ` F f a n ARAM TONN11 TX Or ASPEN. , i wttax lute of 60toMA X i i f r ‘i Z. {,t M ` 7° • � ^ t I Y tw I..;j ke Y'L wr _ rid • v " r r y"J S try.,4; t 4 ' a4. f i it: 1 944 : f 4 t l , '} d • ' ,.:.'../.:, � o , Ai , F t4 ...r f� i ,l �r t . t. � Y yy "jN Y ` pas l +t A Y Y { 4 ' b�pu . Y 4 • k y y yj, 12', ' ice, . x vr. ' ^e4 nz • • The north 80 feet of Lots A, B and C, Block 88, City and Townsite of Aspen (excepting that portion of said Lot C conveyed by Quit Claim Deed recorded in Book 287 at Page 425 of Pitkin County Records). And a Parcel Described as: Beginning at Corner No. 1 which is the Southeast corner to Lot D in Block 88 of the City and Townsite of Aspen, and the Southwest Corner of Lot E in said Block thence running along the South Boundary of Lot D in a Westerly direction a distance of 24 feet to the Corner of No. 2, thence running in an Easterly direction parallel to the South Boundary of said Lots D and E a distance of 41 feet to Corner No. 4, thence running on a Southerly direction parallel to the East boundary of said Lot E a distance of 20 feet to Corner No. 5, thence running in a Westerly direction along the South Boundary of said Lot E a distance of 17 feet to Corner No. 1, the place of beginning; and The South Twenty (20) feet of the East Thirteen (13) feet of Lot lettered "E" in Block 88, City and Townsite of Aspen; and The South Twenty (20) feet of the East Twenty Five (25) feet of Lot lettered "D" in Block 88, City and Townsite of Aspen. PITRIN COUNTY, COLORADO • SCHEDULE A Date of Policy: March 20, 1989 at 4:51 P.M. GF No. 4 00368 -0 Amount of Insurance S 2,700,000.00 1. Name of Insured: HARLEY BALDWINI 2. The estate or interest in the land described herein and which is covered by this policy is: (a fee, a leasehold, etc.) FEE 3. The estate or interest referred to herein is at Date of Policy vested in: HARLEY BALDWIN 4. The land referred to in this policy is described as follows: LEGAL DESCRIPTION SET FORTH ON SHEET ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN AND MADE A PART HEREOF. IDle J$, Innnnce i: I!fl. 30I Nnn, :,.. Jana :. r... as 7330' • • SCHE :uLE A - continued Policy No. 0157924 Order No. 400366 -0 The and referred to in this policy is situated in the State of Colorado, County of Fitkin , and is described as follows: PARCEL A: The North 80.00 feet of Lots A, B and C, Block 88, CITY AND TOWNSITE OF ASPEN, E)(CEPT that portion of said Lot C conveyed by Tinnie Mercantile Company, a New Mexico corporation, and High Country Lumber Co., a Colorado corporation, to Kurt Bresnitz and Lotte Bresnitz by the Quit Claim Deed recorded May 22, 1974, in Book 287 at Page 425. PARCEL B: Beginning at Corner No. 1 which is the Southeast corner of Lot 0 in Block 88 of the CITY AND TOWNSITE OF ASPEN, and the Southwest corner of Lot E in said Block 88; thence running along the South boundary of said Lot D in a Westerly direction a distance of 24.00 feet to Corner No. 2; thence running in a Northerly direction parallel to the West boundary of said Lot D a distance of 20.00 feet to Corner flo. 3; thence rurinina in an Easterly direction parallel to the South boundary of said Lots D and E a distance of 41.00 feet to Corner No. 4; thence running in a Southerly direction parallel to the East boundary of said Lot E a distance of 20.00 feet to Corner No. 5; thence running in a Westerly direction along the South boundary of said Lot E a distance of 17.00 feet to Corner No. 1, the place of beginning. PARCEL C: The South twenty (20.00) feet of the East thirteen (13.00) feet of Lot E, Block 88, CITY AND TCWNSITE OF ASPEN. PARCEL D: The South twenty (20.00) feet of the East twenty five (25.00) feet of Lot D, Block 38, CITY AND TOWNSITE OF ASPEN. _C.'cDULc 3 .,. POLICY NC. 0 1379: This Policy does not insure against loss or damage by reason of the following: Order No. 400368 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspec- tion of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Taxes due and payable; and any tax, special assessments, charge cr lien imposed for water or sewer service, or for any other special taxing district. 6. Restrictions, as contained In the Deeds from M. G. Mi ller, as County and Probate Judge, to E. B. Collins recorded January 23, 18888, in Book 59 at Page 307, and March 28, 1891, in Book 79 at Page 32, providing substantial ly as follows: "That no title shall be hereby acquired to any mine or gold, silver, cinnabar, or copper or to any valid mining claim or possession held under existing laws and subject to all the conditions, limitations and restrictions contained in Section 2386 of the Revised Statutes of the United States." 7. Encroachments by (a) the two -story brick building on Parcel A onto E. Hopkins Avenue, S. Mil Street and property immediately adjoining Parcel A on the South, and (b) the one -story "C.M.U." building on Parcels B, C and D onto the alley in Block 88 and property immediately adjoining Parcels B, C_and D on the North and West, as evidenced by Survey No. 19022 of Aspen Survey Engineers, Inc. dated February 6, 1989. 8. Deed of Trust from Harley Baldwin to the Publ lc Trustee of Pitkin County for the use of Central Bank of Aspen, N.A., to secure 32,300,000,00, dated ' 20, 1989, and recorded March 20, 1989, in Book 588 at Page 173. 9. Assignment of Rents recorded March 20, 1989, in Bock 588 at Page 183, riven in connection with the above Deed of Trust. 10. Security interest under the Uniform Commercial Code affecting subject property, notice of which is given by Security Agreement and Financing Statement, from Harley Baldwin, debtor(s), to Central Bank of Aspen, N.A., secured party, recorded March 20, 1989, in Book 588 at Page 192, and filed March 20, 1989 at Filing No. 12305. Norman E. Larkins Authorized Countersignature Insuranca Corpora � Dn • Endorsement Attached to and forming a part of Policy No 0157924 Order No. 400368 Issued by Title USA Insurance Corporation Exception No. 5 is hereby amended and modified in its entirety to read as follows: 5. Taxes and assessments for the year 1989 and subsequent years. Exceptions 1 through 4 are hereby deleted. In all other respects, said Policy remains the same. This endorsement is made a part of the policy or commitment and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy or commitment and prior endorsements, if any, nor does it extend the effective date of the policy or commitment and prior endorsements or increase the face amount thereof. Dated: Marrh 20 lq$q Title USA Insurance Corporation II N Ppry Pres,denr & Chief Executive Officer I yJ F ),` SEAL I 3 w: �v l Attest: Sect rary -rS • �plll Issued at Norm.n E. Larkins mrthonzed Countersignature — -- Tie USA Insurance Corpor ~' ~on • tryTITLE Commitment a USA for Title Insurance Title USA Insurance Corporation, Dallas, Texas, A Texas Corporation, 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 and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six 161 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. The Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, Title USA Insurance Corporation has caused this Commitment to be signed and sealed as of the effective date of Commitment shown in Schedule A. Title USA Insurance Corporation By Zu pANCF C Resident r : o Attest: P: o SEAL in /� n`/ s V� .//({/r r ., s : + Secretary Countersigned ii .;a ✓> Authorized Signatory 0109(11 /6a) MITI rYLIYTAirt to luc,,,e u.... Nicno: as `-tcSr ,. U icnoias McGrath Andrew 1. Hecht, Esq. J. Nicholas McGrath, P•C• SCHEDULE A John D. LaSalle, Esq. 600 E. Hopkins, Suite 203 Mr. Robert C. Camp Aspen, Colorado 81611 Leonard M. Gates_, Esq. Herbert 3. XIeln, Esq. Customer Reference: Aspen Hardware 3 Supply Inquiries should be directed GFNo. 400368 -C2 NL /nl to Norman E. Larkins 1. Effective date: March 20, 1988 at 7:00 A.M. 2. Policy or Policies to be issued: Amount (a) ] ALTA Owners Policy— Form — 1970 S_?,..700,nn0_a0 Proposed Insured: HARLEY BALDWIN (b) Coverage-1970 ALTA Standard Loan Policy, 2,300,000.00 S Proposed Insured: CENTRAL BANK CF ASPEN, N.A., and /or Ass igns 3. The estate or interest in the land described or referred to :n :his Commitment 'no covered herein ;s: FEE . Title :o said estate or interest :n said and :s at ;he eilective ;ate 'ereor vestec ,.. ASPEN HARDWARE 3 SUPPLY COMPANY, ;NC., a Colorado corporation 5. The land referred to in this Commitment is located in the County of P itk in State of Col or ado and described as follows: LEGAL DESCRIPTION SET FORTH ON SHEET ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN AND MADE A PART HEREOF. Owner's Premium: $ 4,432.00 Lender's Premium: $ 80.00 Add'I Charges: 5 796.40 Tax Corti f;cafe: $ 30.00 TOTAL CHARGES: 5 5,338.40 30;;E :I,LE - ;cr.r nuec Order 11o. 400368 -C2 Plat 1.D. No. Covering the Land in the State of Colorado, County of Pitkin Described as: PARCEL A: The North 80.00 feet of Lots A, B and C, Block 88, CITY AND TOWNSITE OF ASPEN, EXCEPT that portion of said Lot C conveyed by Tlnnie Mercantile Company, a New Mexico corporation, and High Country Lumber Co., a Colorado corporation, to Kurt Bresnitz and Lotte Bresnitz by the Quit Claim Deed recorded May 22, 1974, in Book 287 at Page 425. PARCEL B: Beginning at Corner No. 1 which is the Southeast corner of Lot D in Block 88 of the CITY AND TOWNSITE OF ASPEN, and the Southwest corner of Lot E in said Block 88; thence running along the South boundary of said Lot D in a Westerly direction a distance of 24.00 feet to Corner No. 2; thence running in a Northerly direction parallel to the West boundary of said Lot D a distance of 20.00 feet to Corner No. 3; thence running in an Easterly direction parallel to the South boundary of said Lots D and E a distance of 41.00 feet to Corner No. 4; thence running in a Southerly direction parallel to the East boundary of said Lot E a distance of 20.00 feet to Corner No. 5; thence running in a Westerly direction along the South boundary of said Lot E a distance of 17.00 feet to Corner No. 1, the place of beginning. PARCEL C: The South twenty (20.00) feet of the East thirteen (13.00) feet of Lot E, Block 88, CITY AND TOWNSITE OF ASPEN. PARCEL D: The South twenty (20.00) feet of the East twenty five (25.00) feet of Lot D, Block 88, CITY AND TOWNSITE OF ASPEN. 3-, • • I. The following are the requirements to be complier: NI:: 1. Instruments necessary to create the estate or interest 'o oe insured must oe properly executed, delivered and duly filed for record. 2. Payment of the consideration for the estate or interest to be insured. 3. Payment of all taxes, charges, assessments. levied and assessed against subject premises. which are due and payable. 4. Satisfactory evidence should be had that improvements and /or repairs or alterations thereto are completed: that contractor, subcontractors, labor and materialmen are all paid. 5. Release by the Public Trustee of Pitkin County of the Deed of Trust from Aspen Hardware 8 Supply Company, Inc. for the use of The Bank of Aspen, to secure $1,200,000.00, dated April 10, 1987, and recorded April 10, 1987, in Book 533 at Page 299. (Affects Parcel A) 6. Release by the Public Trustee of Pitkin County of the Deed of Trust from Aspen Hardware S. Supply Company, Inc. for the use of The Bank of Aspen, to secure $300,000.00, dated April 10, 1987, and recorded April 10, 1987, In Book 533 at Page 305. (Affects Parcel A) 7. Termination Statement of Financing Statement from Aspen Hardware 8 Supply Company, Inc., et al, debtors, to The Bank of Aspen, secured party, recorded April 21, 1987, in Book 534 at Page 94 under Filing No. 10753, as amended by instrument recorded July 12, 1988, in Book 568 at Page 627 under Filling No. 11742. 8. Termination Statement of Financing Statement from Aspen Hardware 8 Supply Company, Inc. and John Beatty, debtors, to The Bank of Aspen, secured party, recorded May 22, 1987, in Book 537 at Page 418 under Filing No. 10841, and re- recorded August 8, 1988, in Book 570 at Page 491, as amended by instrument recorded July 12, 1988, In Bock 568 at Page 628 under Filing No. 11743. 9. Release by the Public Trustee of Pitkin County of the Deed of Trust from Aspen Hardware & Supply Company, !nc. for the use of Thomas J. Sardy, to secure $80,000.00, dated June _, 1987, and recorded June 1, 1987, in Book 538 at Page 166. (Affects Parcels B, C and D) 10. Release by the Public Trustee of Pitkin County of the Deed of Trust from Aspen Hardware 8 Supply Company, Inc. for the use of The Bank of Aspen, to secure $60,000.00, dated May , 1987, and recorded June 2, 1987, in Book 538 at Page 247. (Affects Parcel A) 11. Withdrawal by the Public Trustee of Pitkin County of the Notice of Election and Demand recorded August 4, 1988, in Book 570 at Page 161, and In connection with the foreclosure of the Deed of Trust Identified in Requirement No. 6 above. 12. Certified copy of Findings of Fact, Conclusions of Law and Order entered by the District Court in and for Pitkin County, Colorado on March 14, 1989, in that certain action entitled Robert R. Skinner, Plaintiff, v. John R. Beatty, et al., Defendants, Civil Action No. 88CV88. (Continued) Commitment No. 400368 -C2 REQUIREMENTS - continued 13. Deed from Robert Camp, as Receiver for Aspen Hardware G Supply Company, Inc., a Colorado corporation, to Harley Baldwin, all in a form and substance acceptable to the Company or Its duly authorized agent. 14. Evidence satisfactory to the Company or its duly authorized agent either (a) that the "real estate transfer tax" imposed by Ordinance No. 20, (Series of 1979), of the City of Aspen, Colorado has been paid, and that the lien imposed by Paragraph 9 thereof has been fully satisfied, or (b) that a Certificate of Exemption has been Issued pursuant to Section 7 thereof. 15. Deed of Trust from Harley Baldwin to the Public Trustee of Pitkin County for the use of Central Bank of Aspen, N.A., to secure 2,300,000.00. 16. Certificate of Dismissal Issued by the Clerk of the Court of that certain action entitled Harley Baldwin, Plaintiff, v. Aspen Hardware and Supply Company, Inc., a Colorado corporation, and John R. Beatty, Defendants, Civil Action No. 89CV39, in the District Court In and for Pitkin County, Colorado, the Notice of Lis Pendens recorded March 2, 1989, in Book 586 at Page 952. 17. Evidence satisfactory to the Company or its duly authorized agent that the Letter Agreement between John R. Beatty, as President of InterRealty Corp., and Don Siegel /Sieco Inc. recorded January 19, 1989, in Book 584 at Page 36, Is disputed, and will be resolved by and through the District Court in and For Pitkin County, Colorado pursuant to the Order entered on March 14, 1989, and contemplated by Requirement No. 12 above. Such evidence need not be recorded. 18. Evidence satisfactory to the Company or its duly authorized agent, whereby parties acceptable to the Company agree to undertake and continue the defense of any and all claims, demands, actions, causes of action and appeals in that certain proceeding identified In Requirement No. 12 above. Such evidence need not be recorded. SUiLUULL 6 -II 'rder No 400368 -C2 II. Schedule 6 of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company 1. Rights or claims of parties in possession not shown by the public records. 2. Easements or claims of easements. not shown by the public records. 3. Discrepancies, donlhcts in boundary lines. shortage in area, encroachments, and any facts which a correct survey and inspection of the premises woulo disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services. labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created. first appearing in the public records or attaching subsequent to the effective dale hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. Exceptions numbered are hereby omitted. 6. Taxes due and payable; and any tax, special assessments, charge or Ilen Imposed for water or sewer service, or for any other special taxing district. 7. Restrictions, as contained in the Deeds from M. G. Miller, as County and Probate Judge, to E. B. Collins recorded January 23, 1888, in Book 59 at Page 307, and March 28, 1891, in Book 79 at Page 32, providing substantially as follows: "That no title shall be hereby acquired to any mine or gold, silver, cinnabar, or copper or to any valid mining claim or possession helc under existing laws and subject to all the conditions, limitation=_ anc restrictions_ container in Section 2386 of the Revised Statutes of the United States." 8. Encroachments by (a) the two -story brick building on Parcel A onto E. Hopkins Avenue, S. Mill Street and property immediately adjoining Parcel A on the South, and (b) the one -story "C.M.U." building on Parcels B, C and D onto the alley In Block 88 and property immediately adjoining Parcels B, C and D on the North and West, as evidenced by Survey No. 19022 of Aspen Survey Engineers, Inc. dated February 6, 1989. 9. Agreement for Purchase and Sale of Real Estate and Joint Escrow Instructions between Aspen Hardware L Supply Company, Inc., a Colorado corporation, as Seller, and Harley Baldwin, as Purchaser, recorded January 11, 1989, in Book 583 at Page 229. NOTE: Exception No 9 above will be deleted upon compliance with Requirements No. 12 and 13 under Schedule B -I of this Commitment. THE OWNER'S AND LOAN POLICIES, WHEN ISSUED, WILL NOT CONTAIN EXCEPTIONS NO. 1, 2, 3, 4 AND 5 ABOVE, PROVIDED, HOWEVER, THAT THE ENCLOSED FORM OF "FINAL AFFIDAVIT AND AGREEMENT" IS PROPERLY EXECUTED AND ACKNOWLEDGED BY THE PARTIES INDICATED, AND RETURNED TO THE COMPANY OR ITS DULY AUTHORIZED AGENT. (Continued) ...tic r.. s a . E ...: o rq :::zonVRIGFC 15': rr:EV, Commhtment No.400368 -C 2 EXCEPTIONS - continued THE LOAN POLICY, WHEN ISSUED, WILL CONTAIN ENDORSEMENT FORM 103.2 WITH RESPECT TO EXCEPTION NO. 8 ABOVE, AND ENDORSEMENT FORM 100, PROVIDED, HOWEVER, THAT APPLICABLE SCHEDULED CHARGES IN THE AGGREGATE AMOUNT OF $796.40 ARE PAID TO THE COMPANY OR ITS DULY AUTHORIZED AGENT. Aspen /Pitkin Planning Office 130 south' galena street aspenpcolorado 81611 August 10, 1989 Andrew B. Hecht Garfield and Hecht 601 E. Hyman, Suite 201 Aspen, CO 81611 Dear Andrew: I have reviewed the material which Joe Wells submitted with respect to obtaining a GMQS exemption for the Collins Block Building. In reaching my conclusions, I have held discussions with Alan Richman and Fred Gannett regarding the questions of phasing and floor area. Following is a summary of our position. 1. In terms of the issue of phasing, we have determined that it is appropriate for you to submit what you have referred to as "Phase 1 ". If "Phase 1" meets the criteria for Director's sign -off, then I can sign -off on "Phase 1" based upon Ordinances 16 and 27. At this time it appears that "Phase 1" will not qualify for the Director's sign -off because both Floor Area and Net Leasable commercial square footage are being increased. 2. If, however, you develop a plan which is eligible for the Director's sign -off, then as a condition of that action staff will require that any future development on the site will be reviewed and impacts assessed based on the prior increase in net leasable commercial area and not from the residential development. 3. In terms of floor area for the sheds, shelves and overhangs on the east portion of the property, the Planning Office has determined that the only area eligible to be counted as existing floor area is the 529 s.f. metal shed. The loft area in the metal shed is not eligible to be counted as floor area because it does not meet the Building Department's standards for habitation; and further, it has been a consistent Planning Office policy that areas which cannot be accessed in a normal fashion are not considered floor area. All other areas can, at best, be considered decks at natural grade or at, worst, do not meet the dictionary definition of decks. Neither of these situations can be considered floor area. It has been a consistent Planning Office policy to consider decks as countable floor area only if the deck is more than 30 inches above natural grade. Clearly, we are all in a difficult position because the structures attached to the building have been demolished. We are aware that Bill Drueding verified the structures in question, but at that time the applicant and staff had not come to any agreement as to how the area contained within the structures would be evaluated. As a result, staff is faced with having to verify these structures after the fact with unclear photographs. If you can provi us with additional information concerning this matter, please contact us. In conclusion, since we can only verify 529 s.f. in the outdoor area, the proposal as currently submitted increases both FAR and net leasable commercial FAR. The applicant must, therefore, either amend the development proposal or submit an application for P &Z review of the GMQS exemption. Please let us know whether we can assist you in pursuing either of these options. Sincerely, Thomas M. Baker Acting Planning Director collins.letter August 10, 1989 Andrew B. Hecht Garfield and Hecht 601 E. Hyman, Suite 201 Aspen, CO 81611 Dear Andrew: I have reviewed the material which Joe Wells submitted with respect to obtaining a GMQS exemption for the Collins Block Building. In reaching my conclusions, I have held discussions with Alan Richman and Fred Gannett regarding the questions of phasing and floor area. Following is a summary of our position. 1. In terms of the issue of phasing, we have determined that it is appropriate for you to submit what you have referred to as "Phase 1 ". If "Phase 1" meets the criteria for Director's sign -off, then I can sign -off on "Phase 1" based upon Ordinances 16 and 27. At this time it appears that "Phase 1" will not qualify for the Director's sign -off because both Floor Area and Net Leasable commercial square footage are being increased. 2. If, however, you develop a plan which is eligible for the Director's sign -off, then as a condition of that action staff will require that any future development on the site will be reviewed and impacts assessed based on the prior increase in net leasable commercial area and not from the residential development. 3. In terms of floor area for the sheds, shelves and overhangs on the east portion of the property, the Planning Office has determined that the only area eligible to be counted as existing floor area is the 529 s.f. metal shed. The loft area in the metal shed is not eligible to be counted as floor area because it does not meet the Building Department's standards for habitation; and further, it has been a consistent Planning Office policy that areas which cannot be accessed in a normal fashion are not considered floor area. All other areas can, at best, be considered decks at natural grade or at, worst, do not meet the dictionary definition of decks. Neither of these situations can be considered floor area. It has been a consistent Planning Office policy to consider decks as countable floor area only if the deck is more than 30 inches above natural grade. Clearly, we are all in a difficult position because the structures attached to the building have been demolished. We are aware that Bill Drueding verified the structures in question, but at that time the applicant and staff had not come to any agreement as to how the area contained within the structures would be evaluated. As a result, staff is faced with having to verify these structures after the fact with unclear photographs. If you can provi us with additional information concerning this matter, please contact us. In conclusion, since we can only verify 529 s.f. in the outdoor area, the proposal as currently submitted increases both FAR and net leasable commercial FAR. The applicant must, therefore, either amend the development proposal or submit an application for P &Z review of the GMQS exemption. Please let us know whether we can assist you in pursuing either of these options. Sincerely, Thomas M. Baker Acting Planning Director collins.letter Aspen /Pitkin Planning Office 130 south galena street aspen, colorado 8ioi , 1989 Mr. Joe Wells Aspen, Co., 81611 Dear Joe, I have reviewed the materials submitted by you on behalf of Harley Baldwin with respect to the Collins Block GMQS Exemption. Because of the extreme complexity of the issues, I have also met with Tom, Roxanne and Leslie to review the findings with respect to your submission. Following is a summary of our position. 1. Upon review of the submission, it is now apparent to us what was being requested by breaking the application into two phases. Under the Phase I scenario submitted to us, the project does not increase its FAR, only its net leasable square footage. However, once Phase II is submitted, both FAR and net leasable will be increased. The latter activity is subject to P &Z review, the former to Planning Director review only. It is inappropriate for staff to sign off on Phase I, without looking at Phase II since newly adopted Ordinances 16 and 27 specifically required phased development to be reviewed cumulatively. Therefore, the application for Planning Director approval is hereby denied. 2. It is staff's opinion that prior to submitting the application for P &Z approval of the GMQS exemption, approval must first be obtained from the Board of Adjustment for the proposed open space configuration. 3. Following review of the materials submitted for verification of the outdoor "storage and merchandising area ", staff's opinion is that the space does not qualify as "net leasable commercial area ". Although this issue will, of course, be finally determined by P &Z in its review of the application, we wanted the applicant to be aware of our position during preparation of a complete application. If you require additional staff input in putting together the application for P &Z review of the GMQS exemption, please do not hesitate to ask. Sigcerely, / Alan Richman, AICP City Planning Specialist Aspen /Pitkin Planning Office 130 south galena street aspen, colorado 8ioil 1989 Mr. Joe Wells Aspen, Co., 81611 Dear Joe, I have reviewed the materials submitted by you on behalf of Harley Baldwin with respect to the Collins Block GMQS Exemption. Because of the extreme complexity of the issues, I have also met with Tom, Roxanne and Leslie to review the findings with respect to your submission. Following is a summary of our position. 1. Upon review of the submission, it is now apparent to us what was being requested by breaking the application into two phases. Under the Phase I scenario submitted to us, the project does not increase its FAR, only its net leasable square footage. However, once Phase II is submitted, both FAR and net leasable will be increased. The latter activity is subject to P &Z review, the former to Planning Director review only. It is inappropriate for staff to sign off on Phase I, without looking at Phase II since newly adopted Ordinances 16 and 27 specifically required phased development to be reviewed cumulatively, Therefore, the application for Planning Director approval is hereby denied. 2. It is staff's opinion that prior to submitting the application for P &Z approval of the GMQS exemption, approval must first be obtained from the Board of Adjustment for the proposed open space configuration. 3. Following review of the materials submitted for verification of the outdoor "storage and merchandising area ", staff's opinion is that the space does not qualify as "net leasable commercial area ". Although this issue will, of course, be finally determined by P &Z in its review of the application, we wanted the applicant to be aware of our position during preparation of a complete application. If you require additional staff input in putting together the application for P &Z review of the GMQS exemption, please do not hesitate to ask. Si cerely, N Alan Richman, AICP City Planning Specialist ASPEN /PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920 -5090 July 12, 1989 Joe Wells 130 Midland Park Place, F2 Aspen, CO 81611 RE: Collins Block GMQS Exemption Dear Joe, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that your application is not complete. Following is a list of the items we require to complete the application: 1. Detailed floor plan drawings so that we can correlate existing and proposed areas to your table which shows the square footages. 2. For those areas which are in dispute as to their commercial status, verifiable proof of their prior commercial use. If you have any questions please call Alan Richman. Thank you. Sincerely, Debbie Skehan Administrative Assistant ds EXHIBIT l LAND USE APPLICATION FCRM 1) Project Name COLLISS BL OM( PRfJEC'T 2) Project location 204 S. Mill Street, Aspen, CO 81611 (North 80' of Lots A, B and C, Block 88 Asnen Tcrangite) (indicate street address, lot fi block rnober, legal description where appropriate) 3) Present Zoning CC 4) lot Size 7 ,200 sf 5) Applicant's Name, Address & Phone # Harley Baldwin Associates 205 S. Galena Street, Aspen, Colorado 81611 (303) 920 -1800 6) Representative's Name, Address & Itnne # Joseph Wells 180 Midland Park Place, F -2, Aspen, Colorado 81611 (303) 925 -8080 7) Type of Application (please diedkall that apply): Conditional. Use _ careptual SPA _ Conceptual Historic Dev. Special Review _ Final. SPA - X Final Historic Dev. _ 8040 Greenline Oorreptual FUD _ Minor Historic Dev. Stream Margin _ .Final BD Historic Demolition Mountain View Plane Subdivism _ Historic Designation Cordaniniumizationr _ _ Text/ Map Amendment _ Q`>;2S Allotment lot Split/lot Line X (243S Exarption Adjustment 8) Description of . Existing Use: (number and type of existing structures; appitodaate scb ft.; nthn of bedrooms: any previous approvals granted to the prep y) Basement accessory space - 1,200 sf 1st floor cannercial -5,696 sf + 828 sf loft space = 6,524 sf • • ..r resi.en - - , Pyi_cang rnta1 cg11 rn frv.Fago -I 7C7 cf ( FAR sf) 9) . Description of Develgr at �l ctim Final Historic Development Review for Phase II and III GCS Exemption by Planning Director Total proposed square footage of 17,495 sf (10,250 FAR sf) 10) Have you attached the foliating? X Response to Attadmat 2, tni. nae it scion Contents X Rye to Attachment 3, Specific submission scion Contents X Response to Attach 4, Review Standards for Your Application FINAL HPC DEVELOPMENT PLAN REVIEW L. 411).-GM - 6S EXEMPTION REQUEST FOR THE COLLINS BLOCK PHASES II AND III 45 77/7 III. REQUEST FOR EXEMPTION BY THE PLANNING DIRECTOR FROM GMQS PROCEDURES FOR AN HISTORIC LANDMARK ( §8- 104A.1.b) GMQS exemption procedures for historic landmarks have been modi- fied recently by the adoption by City Council of Ordinance 16 and Ordinance 27. Under the provisions of §8- 104A.1.b(2) as amended by Ordinance 27, the project is eligible for exemption from GMQS review by the Planning Director. Although the project results in an increase in net leasable square footage (from 10,365 square feet to 15,900 square feet) because of the added basement space, the project's floor area ratio is reduced as a result of this application (from 1.54:1 to 1.42:1). The chart on the following page lists the square footages of the existing and proposed development for the site. 14 l . • THE BRAND ") 1 EXHIBIT 2 June 30, 1989 Mr. Tom Baker, Acting Director Aspen /Pitkin Planning Office 130 South Galena Street Aspen, CO 81611 Dear Tom: This letter is to confirm that I am the record owner of the Collins Block, Block 88 Aspen Townsite. We have requested that the attached application be prepared on our behalf. Joe Wells will be our representative in Aspen during the City's review of this submission. Sincerely, �, n _ s 6' a L 1 �cL rley Ba dwin President Harley Baldwin Associates, Inc. HB /b Enclosure 205 S. GALENA ASPEN, COLORADO 81611 303.920.1800 FAX 303.920.3602 71r— .-- , W I .-1 " 1 N r M in o •• 1n 1-4 N r 1n d' N N N § l} r to d' I r- o • r In HI 3'. R o W Wi U 14 II CI CO t r- ., m . "4 CO to I - 7 III r co N • U 0 W .i 0 .t! CO I I HI I 8 �N I I ti CD Hi HI HI A 8 'D f M r- r I I O N p c4 mt I (4 o P1 1 E a ,n v N .a .-1 0 '-I •-I .--1 .-I .-I - to (r) m M M 1-1 L 1 1 10 1 0 C1 ON 0 1 0 'Cr V' d' V' X H X W .a m M 14 C4 eti a) to N N W 1 10 an krEl 11 N N 1 I C N 10 10 CO OS N U1 H yJ N -, 4.. 3 4 s r o 3 co pp 4 CO.-- II w 1 m i I a� 44 4J+i max I�ww M S z mu . T J -- Ask Casa - w, . EXHIBIT 3 c7e1- S - - MAIN ST x7905.4 1 - 0 . x e _ 00 4 r -- J , _ o r ' ) 7904.7x -� I - — x7 I 906. -(1,)(i•-3 il 1 1 I I I-- Q w (t d 0 rx, 7f BANK OF ASPEN 1 ; J `„/ _ ISIS � d I i C , • PKINS AVE x7909.0 ---> 0 all - rr t - --- COLLINS ' s , j f BLOCK .... ; / ; 7906.1x _/ i w x I -- J O I 7913_Ox . ` r The north 80 feet of Lots A, B and C, Block 88, City and Townsite of Aspen (excepting that portion of said Lot C conveyed by Quit Claim teed recorded in Book 287 at Page 425 of Pitkin County Records). And a Parcel Described as: Beginning at Corner No. 1 which is the Southeast corner to Lot D in Block 88 of the City and Townsite of Aspen, and the Southwest Corner of Lot E in said Block thence running along the South Boundary of Lot D in a Westerly direction a distance of 24 feet to the Corner of No. 2, thence running in an Easterly direction parallel to the South Boundary of said Lots D and E a distance of 41 feet to Corner No. 4, thence running on a Southerly direction parallel to the East boundary of said Lot E a distance of 20 feet to Corner Nc. 5, thence running in a Westerly direction along the South Boundary of said Lot E a distance of 17 feet to Corner No. 1, the place of beginning; and The South Twenty (20) feet of the East Thirteen (13) feet of Lot lettered "E" in Block 88, City and Townsite of Aspen; and The South Twenty (20) feet of the East Twenty Five (25) feet c` Lot lettered "D" in Block 88, City and Townsite of Aspen. PIT}:IN COUNTY, COLORADO .-r 1, gg 1 fl "' , +t''' i i .: , dam • E 1 1 m It 1 1 1 '. I ' 1 9 ! - WI `r . r a' i H!1 ' 1 i ' • Ii I I I i t i 1 1 i . �'1 j, 1 I i 1 f I.lanai i .. 1 ! I { N - 5 " 41 1S'- .1 . 1 tII t. Ii .i + tit v Ta ,. :: ; i 'i `I Ai , 61 t aI 2 r k I" -: , p a w I : , 111 1�1 a I liii: l r 5 ' EXHIH ' . I11, s FARA ti l . it 1 FeCytjed a ; It - :tab fl N 3 c•, Li. J�1 x� Il, 1 , ,; '. _ SitYIA DAY'S PITID9 COUNTY RECORDER - t ,j • i rf MARRA I t _ t ''3 t _ 1 + 1 + t , O THIS DEED, made this a/ of March, l: ne•ween A pe- Lc t � 1, I c I Hardware 6 Suppl/ Company, - Inc a Color ado C : ' ef I 'al .4 -q County of P1 tki^ and State o olar ado , Cr a Ind is $ .� 'C' Baldwin whose legal address 1. :e Brand Hu.. f.i 1 . 1C ' i l ;��: k x � � f si. n Ca lgna, Aspen [cl orado 9:::1 •ho ;., t. f • of Colorad G antes I it t. O 9 at a r � WITNESSETH. _hat to .:a.,tcr 'c[ , J n cr_ d atiii T' v ,' - i sum of Ten Dollars and other q and old - rsi terat.0 ' -. - s ' tee elpt and eu ( : :ciency cf : r s ne r b y a nowledged if . t '1 f L IS 'jj granted, bargalrei, sold and -- n.0 ed. Ind by these presents bargain. sell. bar rant, 'r 9 9 . y and on!: m _into b Grantee :Alit halo and assigns forever. all the real proper t ogether to a^ u 7 Q� improvements, if an situate .I $.!� °fi �t 'y k /. n g a d oelnq r 'NA Cour . I s y t R . t Pitkln and State of Colorado d c:.bed is !ollows' f i r `T The real property descrl bed - . n xnitit A attached ,5,'� N 4-1. i d '. • hereto and incorporated r , reference �1p f { ,4N a known by street and ^umher -- h wi ;treat, Asper. l ' Colorado. R •• J I ' TOGETHER with al! l ai he ral.taaionts ibd t fD � ^ appurtenances thereto belor. l r t. .r ise 3:pr•atntng tr I; 'x ' � \ the reversion and reversion.: . , FT : I �t. I Snap ant profits th e reel, i a c. ate right, t \ remainders. tents . _ ` 1 Sill t l i:' interest claim and demand vra sc - e- h - tor, e,th ;T - lev or equity, of, in and o ,. 't , 12!,.n premises _ 1 'y'a + i' t+ the h ereditament: and appur• - I ` r z i t a i.: Z 1 * . pp f TO RAVE AND TO HOLD the a - _s ibc.a barg. red ,c � � ' , N iit 'et 1 described with the apputteri 4 « . Cis e • I, yY1 -- and .Riga [Grave[. And the r r tt s .: its •'• � •a Inc r - Y4 t s*� personal representatives, d uv na 7 7-3-- - Peri,'1 a t I O 1' I p ' g ' F q + } . c•, kt-, pap to end with the Grantee. r . e. r -: ,rd ass: it e , SL file of the snseallnq and delivery :f these Cress is. rt s we, ms s , seised of the premises above ronveyed. has good sure, prrfec ggg . w ,i I c. absolute and indefseslble estate of inheritance . in law n f c i' M adagio. sad has good right, full power and lewio. aut. ty to 1 i sl 1, . i F 4, sod that and convey the same ar_ :to a n �l f as g9, se • a +y'„ j t h the sass are !tea an d clot nm all former t 5 1 V ii: 31 b and other grants, ar of mal..a, liana, t.xea :......ants. �} tar. i s eaOl�br and rp tr ie tlp na wnat k1nA c n a t ure soever r 1 , a I S" ces tans dos and payable for 1989 and .ubseg -•,t year^ any 1 t. spacial assessment, charge or lien impose." for _ • r 1 .;F >5:04 a s f sareicet r for any other spacial taxing di• :lct i „r i� 11 :A $S 'Cr' ;F euOaequm year.: reservations contained alned !h need from n d ! City Of As as follows: no title shall be hereuy armilred t r �! W - ay sins of gold. silver, cinnabar or copper er to , ilid 1 • 1E„` i F mining elite or po ssession held under existing law; as • t t.: .:, £p?} V x st !' ! .f, ., "i' -' 7 - �� k a -1 l . w x ='14! aft, t • t3 _ Y, t 1 ` G - • a i Y, ' r. , , r � � W! . ';•t r.•.�k . +:17,71.•\77.1, x'rke i i d ,._• + k u s _ x D Y ^SI, G° r:-14:1V 1t ; T - r. } k ';.: "' ", " '*1 i , r ) ] r t `[ , [ G k y s t C � r ig Q a ',1 � 1 • ": ;?:.`...,1 A I" � 1 i i' .1.: 'rc 1 . w i ` (, X 17 1 "} � ` , Ni el k .. a A$ o a 1 ,:y , l ; t ,x E d $ rl f I -1 - - , ✓ � .j }."-�i t. S R t 1 H 3 '1 s r,. 1, 4: n h i x t :" .. 1 .' E. 4� �? u*1"' 1#t L S llN i .. ;I* 1p" 4 i d { 11 .. t 1 : ,. %' Sr E. 1 x i a.: ' i i ;i i t Y p r ; } T X �- ' , x b5` s t 1 � t . r ,, x s u t 9i st <j " s c i, ,, a t t ,1 _ r x.�Rj y J ., lt, +�X l { :.—sir .-,g-.. I � g f I 1 4r:, • a b ,:f. . 4 T 4 PP 1., w _ .{: P 2 ' 4 i 1 : 1: i ;5 ' SA r inatrunta recorded In Book 79 at Page 32, in nook 59 at Pagt r , ' 3071 any leas or damages as a result of Ordinance No. 11 (ee rie „ +, of 19,7) Which repeals and reenacts Section 24-9 of the Muricipal y ', Code, titled, Historic Designation. The Grantor shall and will WARRANT AND FOREVER CEFEw: tr. above - bargained promises In the quiet and peaceable posse"... )n r.; the Grantee his hairs and ase.yns, against all and ever, ;error er X. 'f t or persons lawfully claiming the whole or any part t-ereo:: pro vided, that have no the Receiver executing this Deed o1. ( nJ personal liability for any clam by Grantee, his successors or assigns arising for any reason l whatsoever under this Deed and Grantee, hie successors an.' t assigns shall have recourse only against Aspen Hardware and 1 I' Supply Company, Inc. as Grantor hereunder. The singular n:eho; 4 y Shall Include the plural. the g i D plural the efn 1,: ar, and t,. use o! any gender mull be applicable to all gender,. Y it as IN WI!RESS WHEREOF, thf Orange: has ex, ae l L■,r deed c: the date set forth above. . E d h ASPEN NARDWAPI. A•:C SUPPLY COR: ANY, _ 7 INC, a Coloreds Corporation . nt r P , C..r; Nxcl1ve: < > t ; STATE Or COLORADO t a6. • COUNTY OP PITRIN ) v' • al i Subscrtbs end arorr, to Dntore m tt . re %.t:):- a , '" day o' March. l 1919, O7 An Hardware and Suppl (om;ao Inc., r Corporation by Robert Camp, Receiver. _ c:etsdo f - Witness my hand and official sea:. O t m cession expires _ a “ 1 l 1 " ^ ' ,x sr,µ, ; r • '1 Notary Publ'c - -- t /j ^2'}� � : 4 Y •,/ % • F3 a �.tc T . _ t e .. 4 , , r, g , • 4t,!::,-- F ,Y A )yg s . •tr 4_14, 1 vA s 1 irti ' '.' I w .xis r.,_ i / r . ,, r y l�s� RX121 • A • TO MARMYT7 Dm f' � i d ' t l a t ' Rnt N het of Lots A. R sad C. Sleek 55. City aid Toon' t• et k'l I ', A' , : - j' tNSaptlai that pontes of sold Lot C ooaooyrd by gilt Stalls Reed i� # • v ` ✓ •s 101 1k took 119 at rate 411 of fatal. teeny Raaordr) : .I . a n r „ .. 491d described se' + 1pt` 1 1.. 1 dlek is the eootaoalt eoraer of lot 0 Is i ,is ono sal Toeaalte of As►. sad the 000tkaeat C oroor o! ; I { il i E . ' c . ' n ton teasing sisal the $ntk Seudu7 of Let R 1■ � 1 . it , ;t ; 5 . . atist - • l /stues o n f .d feet to Coer Ito. 5. a ;laude asrtberlr dlrotlea parallel to the roes .sondar7 . a ,i, i' • r distude of t1 toot to cnnnr Co. R. r' , ' — =1m t 's.000rll alr oatio■ ',trollop to the Not► Rnad.t7 '' t } , (k n4 $ 1 dt.taao h n of el et to Ceor de. 4. 1 s i k `” t ' Niisrl► dioostln parallel to the test oodsr7 et'nN f- ;, 41 ; u 11 feet to C . e. those resale. la a ° i . _ f c". as oleos the ototk Rooadar7 fit said 1st 1 e dlstes.e et { ! ) '.. ti / i. " et _ or Mo. 1. t ►e p1aeo of ►otlnihn • 4"..; 1 _ - and rr , 1� "'' i Ml `t r: 1 f k , s - . 0 akt7 150) het of the tot thlrtooa (1ll toot .t Let + '', 4 4 : 1 1 j 1a Illicit SS. Clt7 sad Toonelte of Aapsm: f { • � sad p I f • II , ,i1 !i t "` ' 7Nttttuat7 1201 foot of the [ut Tfitnto f1.t 11S) tut of Lot I+ 'MOH Y Is Neck a0. City asd Torooltt of Aopro. _ ;,s 5 . 1 0 5, I i ..... � t 'An Ian :It Or At ►[f. lb 40.t, 4. .t.." 'ari I it :x t 2 i • r - • Y 1 , 1 : — , _ SCHEDULE A Date of Policy: March 2C, 1989 at 4:51 P.M. GE No. 100368 —C Amount of Insurance S 2,700,000,00 1. Name of Insured: HARLEY BALDWIN 2. The estate or interest in the land described herein and which is covered by this poL_f is: (a fee, a leasehold, etc.) FEE 3. The estate or interest referred to herein is at Date of Policy vested in: HARLEY BALDWIN 4. The land referred to in this policy is described as follows: LEGAL DESCRIFIION SET FORTH ON SHEET ATTACHED HERETO AND BY THIS REFERENCE INCRPORATED HERE IN AND MADE A PART HERE:F. '0e USA Insurance :arooranoni 301 Main }.. `arias. L■as f520� SOME:XL = A - continued Policy Nc. 0157924 Order Nc. 400368 -0 The and referred to in this policy is situated in the State of Colored:, Ccunty cf Fitkin , and is described as follows: PARCEL A: The North 80.00 feet of Lots A, 3 and C, Block 88, CIT'( AND TOWNSITE OF ASPEN, EXCEPT that portion of said Lot C conveyed by Tinnie Mercantile Company, a New Mexico corporation, and High Country Lumber Co., a Colorado corporation, to Kurt Bresnitz and Lotte Bresnitz by the Quit Claim Deed recorded May 22, 1974, in Book 287 at Page 425. PARCEL B: Beginning at Corner No. 1 which is the Southeast corner of Lot D in Block 88 of the CITY AND TCWNSITE OF ASPEN, and the Southwest corner of Lot E in said Block 88; thence running along the South boundary of said Lot 0 in a Westerly direction a distance of 24.00 feet to Corner No. 2; thence running in a Northerly direction parallel to the West boundary of said Lot 0 a distance of 20.00 feet to Corner No. 3; thence running in an Easterly direction parallel to the South boundary of said Lots D and E a distance of 41.00 feet to Corner No. 4 ; thence running in a Southerly direction parallel to the East boundary of said Lot E a distance cf 20.00 feet to Corner No. 5; thence running in a Westerly direction along the South boundary of said Lot E a distance of 17.00 feet to Corner Nc. 1, the place of beginning. PARCEL C: The South twenty (20.00) feet of the East thirteen (13.00) feet of Lot E, Block 88, CITY AND TC'WNS1TE OF ASPEN. PARCEL D: The South twenty (20.00) feet of the East twenty five (25.00) feet of Lot D, Block 88, CITY AND TOWNSITE OF ASPEN. SC..Elt:LE 3 • . POLICY NC. 3 :3792 Order Nc. 400366 - C This Policy does not insure against loss or damage by reason of the following: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspec- tion of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Taxes due and payable; and any tax, special assessments, charge cr lien impo= for water cr sewer service, or for any other special taxi no district. 5. Restrictions, as contained In the Deeds from M. G. Miller, as County and Probate Judge, to E. 3. Collins recorded January 23, 1888, in Book 59 at Pace 307, and Warch 28, 1891, in Book 79 at Page 32, providing substantially as fol lows: "That no title shall be hereby acquired to any mine or gold, silver, cinnabar, or copper cr tc any valid mining claim or possession held under existing laws and subject to all the conditions, limitations and restrictions_ contained in Section 2386 of the Revised Statutes of the United States." 7. Encroachments by (a) the two -story brick building cn Parcel A onto E. Hopkins Avenue, S. Mill Street and property immediately adjoining Parcel A on the South, and (b) the cr.e -story "C.M.U." building on 'Parcels 5, C and D orte the alley in Block 88 and p roperty immediately adjoinir.g =arcels 3, C_and D on the North and West, as evidenced by Survey No. 19022 of Aspen Sur ;ey Ergtree r Inc. dated February 6, 1989. 8. Deed of Trust from Harley Ealdwin to the Public Trustee of Pitkin Ocunty for the use of Central Bank of Aspen, N.A., to secure 52,300,000.37, dated March 20, 1989, and recorded '1erch 20, 1989, in Book 588 at Page 173. 9. Assignment of Rents recorded Larch 20, 1989, in Bock 588 at Pace 188, given in connection with the above Deed of Trust. 10. Security interest under the Uniform Commercial Code affecting subject property, notice of which is given by Security Agreement and Financing Statement, from Harley Baldwin, debtor(s), to Central Bank of Aspen, N.A., secured party, recorded Parch 20, 19E9, in Book 588 at Page 192, and filed ;larch 20, 1969 at Fit ing No. 12305. Normar E. Larkins A0IIX280 1w] minsy,ww. 1 lim_ JS,,-'. ir.suranc , CorperE` 'r Endorsement Attached to and forming a part of Policy Np 0157924 Order No. 400368 Issued by Title USA Insurance Corporation Exception No. 5 is hereby ar :ended and modified in its entirety tc read as follows: 5. Taxes and assessments for the year 1989 and subsequent years. Exceptions 1 through 4 are hereby deleted. In all other respects, said 'policy remains the same. This endorsement is made a part of re policy or commitment and is subject to ail the terms and provisions thereof and of any prior endorsemerts thereto. Except to the extent expresser stated, it neither modifies any of the terms and provisions of re policy or commitment and prior endorsements, if any, nor aces it extend the effective date of the policy or commitment and prior endorsements ar increase the face arount thereof. Dated: Marrh 7(L 14P9 Title USA Insurance Corporation '7e!/U _ �PPNCE President & Chief Execunve Officer ' C Oq SEAL�1 i GJ rte: ‘ O Attest: Sect taw Z I Issued ar i 101 N n E. Larkins Authored Ca.nres,cnarure Tiue USA Insurance Corpora .ion • £r TITLE Commitment a r :USA for Title Insurance Title USA Insurance Corporation, Dallas, Texas, A Texas Corporation, 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 r Schedule A, upon payment of the premiums and charges therefor, all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six 16) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the faire to issue such policy or policies is not the fault of the Company. The Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, Title USA Insurance Corporation has caused this Commitment to be signed and sealed as of the effective date of Commitment shown in Schedule A. Tole USA Insurance Corporation By 41Pr, President • Vp..NCECO Attest 01 f3EAL � 61144(44-4/' (I1�.1I �,� •. t.1. Secretary Countersigned : ")-st it ho Signatory 0106(11/88) • ., i icno :ez moat St Ni en° i as : 4cGrath Andrew 1. Hecht, Esq. J. Nicholas McGrath, P.C. SCHEDULE A John D. LaSal le, Esq. 600 E. Hopkins, Suite 203 Mr. Robert C. Camp Aspen, Colorado 81611 Leonard M. Gates, Esq. Herbert 3. Klein, Esq. Customer Reference: Aspen Hardware 3 Supply Inquiries should be directed GF No. 400368 -C2 to Norman E. Larkins NL /nI 1. Effective date: March 20, 1988 at 7:00 A.M. 2. Policy or Policies to be issued: Amount (a) ] ALTA Owners Policy — Form —1970 3 7, 700, Ono OR Proposed Insured: HARLEY BALDW I N 2,300,000.00 (b) n ALTA Standard Loan Policy, Coverage — 1970 3 Proposed Insured: CENTRAL BANK CF ASPEN, N.A., and/or Assigns 3. The estate or interest in the and described or referred to in :his Commitment end covered herein is: FEE - t. -;Ca to said estate or interest in said and :s at the effective :ate - 'ereof vestec ASPEN HARDWARE ii SUPPLY COMPANY, !NC., a Colorado corporation 5. The land referred to in this Commitment is located in the County of P i tk i n State of CoIorado and described as follows: LEGAL DESCRIPTION SET FORTH ON SHEET ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN AND MADE A PART HEREOF. Owner's Premium: 5 4,432.00 Lender's Premium: $ 80.00 Add'I Charges: 5 796.40 Tax Certificate: $ 30.00 TOTAL CHARGES: $ 5,338.40 • • SC.;E LL= - _or.cinuec C :raer No. 4003E8 -C2 • Plat i.D. No. Covering the Land in the State of Colorado, County of Pitkin Described as: PARCEL A: The North 80.00 feet of Lots A, B and C, Block 88, CITY AND TOWNSITE OF ASPEN, EXCEPT that portion of said Lot C conveyed by Tinnie Mercantile Company, a New Mexico corporation, and High Country Lumber Co., a Colorado corporation, to Kurt Bresnitz and Lotte Bresnitz by the Quit Claim Deed recorded May 22, 1974, in Book 287 at Page 425. PARCEL B: Beginning at Corner No. 1 which is the Southeast corner of Lot D in Block 88 of the CITY AND TOWNSITE OF ASPEN, and the Southwest corner of Lot E in said Block 88; thence running along the South boundary of said Lot D in a Westerly direction a distance of 24.00 feet to Corner No. 2; thence running in a Northerly direction parallel to the West boundary of said Lot D a distance of 20.00 feet to Corner No. 3; thence running in an Easterly direction parallel to the South boundary of said Lots D and E a distance of 41.00 feet to Corner No. 4; thence running in a Southerly direction parallel to the East boundary of said Lot E a distance of 20.00 feet to Corner No. 5; thence running in a Westerly direction along the South boundary of said Lot E a distance of 17.00 feet to Corner No. 1, the place of beginning. PARCEL C: The South twenty (20.00) feet of the East thirteen (13.00) feet of Lot E, Block 88, CITY AND TOWNSITE OF ASPEN. PARCEL D: The South twenty (20.00) feet of the East twenty five (25.00) feet of Lot D, Block 88, CITY AND TOWNSITE OF ASPEN. 3- • • 1. The following are the requirements to de :crnplicic 1. Instruments necessary to create the estate or •nterest to oe inwred must oe properly executed, delivered and duly filed for record. 2. Payment of the consideration for the estate or interest to be inscred. 3. Payment of a :I taxes, charges. assessments, levied and assessed against subject premises. which are due and payable. 4. Satisfactory evidence should be had that improvements and/ repairs or alterations thereto are completed: that contractor, subcontractors, labor and materialmen are all paid. 5. Release by the Public Trustee of Pitkin County of the Deed of Trust from Aspen Hardware & Supply Company, Inc. for the use of The Bank of Aspen, to secure 51,200,000.00, dated April IC, 1987, and recorded April 10, 1987, in Book 533 at Page 299. (Affects Parcel A) 6. Release by the Public Trustee of Pitkin Count of the Deed of Trust from Aspen Hardware & Supply Company, Inc. for the use of The Bank of Aspen, to secure 5300,000.00, dated April 10, 1987, and recorded April 10, 1987, in Book 533 at Page 305. (Affects Parcel A) 7. Termination Statement of Financing Statement from Aspen Hardware & Supply Company, Inc., et al, debtors, to The Bank of Aspen, secured party, recorded April 21, 1987, in Book 534 at Page 94 under Filing No. 10753, as amended by instrument recorded July 12, 1988, in Book 568 at Page 627 under Filling No. 11742. 8. Termination Statement of Financing Statement 4 rom Aspen Hardware E Supply Company, Inc. and John Beatty, debtors, to The Bank of Aspen, secured party, recorded May 22, 1987, in Book 537 at Page 418 under Filing to. 10841, and re- recorded August 8, 1;38, in Book 570 at Page 491, as amended by instrument recorded July 1=, 1988, In Bock 568 at Page 62E under Filing No. 11743. 9. Release by the Public Trustee of Pitkin Count of the Deec of Trust from Aspen Hardware S Supply Company, Inc. fcr the use of Thomas J. Sardy, to secure 580,000.00, dates June _, 1;87, ano recorded June 1, 1987, in Book 538 at Page 166. (Affects Parcels B, C and 0) 10. Release by the Public Trustee of Pitkin County of the Deed of Trust from Aspen Hardware & Supply Company, Inc. fa the use of The Bank of Aspen, to secure 560,000.00, dated May _ , 1987, and recorded June 2, 1987, in Book 538 at Page 247. (Affects Parcel A) 11. Withdrawal by the Public Trustee of Pitkin County of the Notice of Election and Demand recorded August 4, 1988, ;n Book 570 at Page 161, and in connection with the foreclosure of the Deed of Trust Identified in Requirement No. 6 above. 12. Certified copy of Findings of Fact, Conclusions of Law and Order entered by the District Court in and for Pltk;n County, Colorado on March 14, 1989, in that certain action entitled Robert R. Skinner, Plaintiff, v. John R. Beatty, et al., Defendants, Civil Action No. 88CV88. (Continued) Commitment No. 40036E -C2 REQUIREMENTS - continued 13. Deed from Robert Camp, as Receiver for Aspen Hardware 8 Supply Company, Inc., a Colorado corporation, to Harley Baldwin, all in a form and substance acceptable to the Company or Its duly authorized agent. 14. Evidence satisfactory to the Company or its duly authorized agent either (a) that the "real estate transfer tax" imposed by Ordinance No. 20, (Series of 1979), of the City of Aspen, Colorado has been paid, and that the lien imposed by Paragraph 9 thereof has been fully satisfied, or (b) that a Certificate of Exemption has been Issued pursuant to Section 7 thereof. 15. Deed of Trust from Harley Baldwin to the Public Trustee of Pitkin County for the use of Central Bank of Aspen, N.A., to secure 2,300,000.00. 16. Certificate of Dismissal Issued by the Clerk of the Court of that certain action entitled Harley Baldrin, Plaintiff, v. Aspen Hardware and Supply Company, Inc., a Colorado corporation, and John R. Beatty, Defendants, Civil Action No. 89CV39, in the District Court in and for Pltkln County, Colorado, the Notice of Lis Fendens recorded March 2, 1989, in Book 586 at Page 952. 17. Evidence satisfactory to the Company or its duly authorized agent that the Letter Agreement between John R. Beatty, as President of InterRealty Corp., and Don Siegel /Sieco Inc. recorded January 19, 1989, in Book 584 at Page 36, Is disputed, and will be resolved by and through the District Court in and For Pitkin County, Colorado pursuant to the Order entered on March 14, 1989, and contemplated by Recuirement No. 12 above. Such evidence need not be recorded. 18. Evidence satisfactory to the Company or Its duly authorized agent, whereby parties acceptable to the Company agree to undertake and continue the defense of any and all claims, demands, actions, causes of action and appeals In that certain proceeding Identified In Requirement No. 12 above. Such evidence need not be recorded. SCIIEDULC 6 - 11 - der No. 400368 -C2 - II. Schedule 6 of the policy or policies to be Issued wil contain exceptions to the following maners unless the same are diS'posed of to the satisfaction of the Company 1. Rights or claims of parties in possession no: shown by the public records. 2. Easements or claims of easements. not shown by the public recoros 3. Discrepancies. conflicts in boundary lines. shortage in area, encroachments. and any facts which a correct survey and inspection of the premises woulo disclose and which are not shown by the public records. 4. Any lien, or right to a Gen, for services. labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects. liens. encumbrances, adverse claims or other matters. it any. created. first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. Exceptions numbered are hereby omitted. 6. Taxes due and payable; and any tax, special assessments, charge or Tien Imposed for water or sewer service, or for any other special taxing district. 7. Restrictions, as contained ir the Deeds from M. G. Miller, as County and Probate Judge, to E. B. Collins recorded January 23, 1886, in Book 59 at Page 307, and March 28, 1891, in Book 79 at Page 32, providing substantially as follows: "That no title shall be hereby acquired to any mine or gold, silver, cinnabar, or copper or to any valid mining claim or possession held under existing laws and subject tc all the conditions, limitations anc restrictions contained ir. Section 2386 of the Revised Statures of the United States." 8. Encroachments by (a) the two -story brick building on Parcel A onto E. Hopkins Avenue, S. Mill Street and property immediately adjoining Parcel f , on the South, and (b) the one -story "C.M.U." building on Parcels 8, C and D onto the alley in Block 88 and property immediately adjoining Parcels B, C and D on the North and West, as evidenced by Survey No. 19022 of Aspen Survey Engineers, Inc. dated February 6, 1989. 9. Agreement for Purchase and Sale of Real Estate and Joint Escrow Instructions between Aspen Hardware 8 Supply Company, Inc., a Colorado corporation, as Seller, and Harley Baldwin, as Purchaser, recorded January 11, 1989, in Book 583 at Page 229. NOTE: Exception Nc. 9 above will be deleted upon compliance with Requirements 14o. 12 and 13 under Schedule B -I of this Commitment. THE OWNER'S AND LOAN POLICIES, WHEN ISSUED, WILL NOT CONTAIN EXCEPTIONS NO. 1, 2, 3, 4 AND 5 ABOVE, PROVIDED, HOWEVER, THAT THE ENCLOSED FORM, OF "FINAL AFFIDAVIT AND AGREEMENT" IS PROPERLY EXECUTED AND ACKNOWLEDGED BY THE PARTIES INDICATED, AND RETURNED TO THE COMPANY OR ITS DULY AUTHORIZED AGENT. (Continued) [,1'E :. /1. _(.I(: '. [.E.S:C∎1. -1J6 ... ^`.'RIG F' 1c - - (REv. i. _.. • • Comm1 - ment No.400368 -C 2 EXCEPTIONS - continued THE LOAN POLICY, WHEN ISSUED, WILL CONTAIN ENDORSEMENT FORM 103.2 WITH RESPECT TO EXCEPTION NO. 8 ABOVE, AND ENDORSEMENT FORM 100, PROVIDED, HOWEVER, THAT APPLICABLE SCHEDULED CHARGES IN THE AGGREGATE AMOUNT OF $796.40 ARE PAID TO THE COMPANY OR ITS DULY AUTHORIZED AGENT. ORDINANCE NO. /6. (Series of 1989) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO THE ASPEN LAND USE REGULATIONS TO PROVIDE INCENTIVES FOR THE ADAPTIVE REUSE OF HISTORIC LANDMARKS WHEREAS, Jack King, owner of the structure at 309 East Hopkins, A /K /A, the Berko Building, has submitted to the City of Aspen a privately initiated application for Code amendments; and WHEREAS, the purpose of the proposed Code amendments is to reduce the cost of affordable housing, parking and open space fees which are applied to the renovation of designated historic landmarks when additions or changes in use are proposed; and WHEREAS, the Historic Preservation Committee held a work session on January 24, 1989 to provide input on the Code Amendments and made recommendations thereupon; and WHEREAS, the Aspen Planning and Zoning Commission (hereinafter, "The Commission ") reviewed the applicant's proposal and adopted Resolution 89 -4, recommending amendments to the Aspen Land Use Regulations to provide incentives for the adaptive reuse of historic landmarks; and WHEREAS, the Aspen City Council wishes to accept the recommendations of the Commission by amending the Aspen Land Use Regulations to provide incentives for the adaptive reuse of historic landmarks. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Article 8, Sec. 8 -104 A.1.b, Exemptions, of Chapter 24 of the Municipal Code of the City of Aspen, Colorado is hereby amended to read as follows: any bonus floor area permitted by special review), the affordable housing requirement shall be reduced by one percent (1 %). The applicant shall place a restriction on the property, to the satisfaction of the City Attorney, requiring that if, in the future, additional floor area is requested, the owner shall provide affordable housing impact mitigation at the then current standards. Any affordable housing provided by the applicant shall be restricted to the housing designee's moderate income price and occupancy guidelines. (2) Parking shall be provided according to the standards of Art. 5, Div. 2 and Div. 3, if HPC determines that it can be provided on the site's surface and be consistent with the review standards of Art. 7, Div. 6. Any parking which cannot be located on -site and which would therefore be required to be provided via a cash -in -lieu payment shall be waived. (3) The development's water supply, sewage treatment, solid waste disposal, drainage control, transportation and fire protection impacts shall be mitigated to the satisfaction of the Commission. (4) The compatibility of the project's site design with surrounding projects and its appropriateness for the site shall be demonstrated, including but not limited to consideration of the quality and character of proposed landscaping and open space, the amount of site coverage by buildings, any amenities provided for users and residents of the site, and the efficiency and effectiveness of the service delivery area." Section 3 That Article 7, Sec. 7 -404 A.3, Review Standards for Special Review of Chapter 24 of the Municipal Code of the City of Aspen, Colorado be amended by the addition of the following language at the end of said section: 3 > --' ATTEST: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this d day of 1989. William L. Stirling, Mayor ATTEST: Kathryn :. Koch, City Clerk landmarksord i 5 ORDINANCE NO. an (Series of 1989) AN ORDINANCE OF THE ASPEN CITY COUNCIL REPEALING AND RE- ENACTING SECTION 1 OF ORDINANCE 16, SERIES OF 1989 Council adopted WHEREAS, on May 8, 1989, the Aspen City Ordinance 16, Series of 1989; and AREAS, after publication of said Ordinance, it was found that Section 1 of said Ordinance is not clearly drafted and should be repealed and re- enacted so that it can be more easily understood and properly administered. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Seen . That Article 8, Sec. 8 -104 A.1.b, Ezggptipgg, of Chapter 24 of the Municipal Code of the City of Aspen, Colorado is hereby repealed and re- enacted to read as follows: Director shall "1. Gene ral. Development which the Planning exempt shall be as follows: b. Historic Landmark. (1) The enlargement of an Historic Landmark intended to be used as a commercial or office development 's increase existing floor areas either ratioor the building square footage; or its net leasable squ (2) The enlargement of an Historic Landmark intended to be used as a commercial or office development which increases either the building's existing footage, area b ut a ratio does not net leasable square both; or (3) The enlargement of an Historic Landmark which develops not more than one (1) residential dwelling or three (3) hotel, lodge, bed and breakfast, boardinghouse, roominghouse or dormitory units; or (4) The change of use of an Historic Landmark which does not increase the building's ooremus &weu.s an association of land planners • — July 10, 1989 Mr. Tom Baker, Acting Director Aspen /Pitkin Planning Office 130 South Galena Aspen, CO 81611 Dear Tom: On behalf of Harley Baldwin, we are forwarding for your office's review information regarding the FAR square footage of the Collins Block project. A separate copy has been forwarded to Bill Dreuding for his review. As you may be aware, we have recently filed a request for Exemp- tion from GMQS under the provisions of §8- 1O4A.1.b (Exemption by the Planning Director for Historic Landmarks), in order to proceed as soon as possible to building permit for part of the Collins Block project. In order to qualify for this exemption, the applicant must demonstrate that as a result of the project, either the FAR or net leasable square footage is not increased (Ordinance 27, Series of 1989). There are three areas whch must be addressed in order to resolve the square footage comparison of the old scheme as compared to the new proposal: 1. The FAR square footage of the sheds to the east of the Collins Block which have been removed. 2. The FAR square footage of the infill building to be built to the east of the Collins Block. 3. The square footage of the mezzanine above the first floor in the Collins Block which has been removed. Other elements of the project are not a consideration in resolving the FAR square footage issue because the square footage of the first floor (4,453 square feet) and second floor (4,533 square feet) remain the same in the renovated scheme as that existing on the site. • —0 608 east hyman avenue D aspen. colorado 81611 n telephone: 303 925 -6866 Mr. Tom Baker, Acting Director July 10, 1989 Page Two Under the definition in Article 3, floor area means "the sum of the gross horizontal areas of each story of the building measured from the exterior walls, or from the center line of the party walls, including the floor area of accessory uses and of accessory buildings and structures. "In measuring floor area for floor area ratio and allowable floor area, the following applies: "A. General. In measuring floor area for the purposes of calculating floor area ratio and allowable floor area, there shall be included that floor area within the surrounding exterior walls (measured from their exterior surface) of a building, or portion thereof. "B. Decks, balconies and stairways ... When decks, bal- conies, stairways, terraces and similar features which are above natural grade are covered by a projection from the building which is greater than three (3) feet, such areas shall be included in the calculation of floor area ..." In calculating the FAR square footage of the three areas, the following has been considered: 1. The sheds in the yard area included some areas which were enclosed by exterior walls and some which were covered but not enclosed. All of these covered areas were used for the merchandising of products and were open to the public (see attached Affidavits). All of these sheds were constructed with wood floors built on natural grade; the floors were therefore "above natural grade." Those areas covered by a projection in excess of 3 feet therefore count in FAR even when not enclosed by exterior walls. A pattern has been added to the attached improvement survey to distinguish between the enclosed areas (A) and the covered areas extending more than 3 feet from the building (B). The shed at the south end of Lot C included a second level over a portion of the building; this area is identified by a dashed line. I d -] • Mr. Tom Baker, Acting Director July 10, 1989 Page Three Total FAR square footage of the sheds is 1,071 square feet, including an additional 252 square feet shown on the chart as first floor loft area in the shed at the south end of Lot C. 2. The FAR square footage of the infill building, as illustrat- ed on the attached print, is 1,878 square feet. 3. The square footage of the mezzanine inside the Collins Block was 576 square feet, including a small office of approximately 90 square feet and 485 square feet of storage. The project results in a net decrease in FAR square footage of 21 square feet. Net leasable area is increased by 6,807 square feet, including a 400 square foot increase in above -grade net leasable. Sincerely, Joseph Wells, AICP JW /b ill \J 1/' -1 -1 g w ; 1m 8 a - og N P N H .-I N 1(1 .-1 nto y a D o ". - o .a .. M 1 1 I ° S tit ° to 1 ° A P-I { i i --: -4.1. I : � ink I� �; I I 1 a 8 111 tO N ' N U1 VD N LI l0 .i b O V' CO M N t(1 i-1 O • n O N N CO III I O m .-I O N I E to .i to d' N O • .-I O• at .-1 rm I{ 1 s 1 0 o I a o{ 4 X N W O C) Ol W 03 CO o glI 8 I 11 m i� X11 - I � I prz QS v a N fA ••1 d1 O NO --- yJ � n w O CU , r s 14 0 8 1 ro Tq 12 U � k1 W g N 3 N O g a z s� 4 ic 6 w R 4., CITY OF ASPEN a lli o MEMO FROM ALAN RICHMAN c� 5u.- � ` _ . n n _ t-4 wz- ; fr-c,t Lt."44c up 9 2-7) on 3 o^1/4. i e 4 C l. • PrZ QU r-cet ��z _ --- ",...... ".....1 • , t -c- - -- . W„ -t 4gIMMIEIMIIIIIIIIIIIII n ,N: II 1 , 41 • ...... 1 1 _ r • 1 1" , ..---.- 4 f - -Tr t ' ._ 1 111 C4- kt : 4 11 y 1 . ... f t. S- r 1 ti ....\ • 'e. • ---;-- • 'A -... i: • ', 14 , .- -.....,, ._ , . ., t ■ AIN / --... ''. • - iligt 1 / j it C. : ,1 • { � I < r S' "t a ye\ • � V • S a C a Li 111 ,, * �'' -' Q_ ..- t P ( • N . f f ,' ■ C) ' \id . . . 41“ .. ..... ' \ 44 Or/ i \ , — . I . • • : ‘ • ■ t\ \ i \\\ \ , ■ , 11 le \ \ . A , k • 1 .1 .. _ 00 .40 ..,„ - -- - ,.......,__ _ . . -- ... --- _ _ . fr _--- - ....-- ... -, - . -,...... it ,IC V ' IIII 1 , , , 1 , i f t . .... , , . ., ..,..... . , . ,.... . . 3/4. .. v ,. . , . ,,,.... -. t IV I ra 10.1. 41 Ha ' -4010v so. ) #4 . - \ I ', IS 1 1 0 . V it g em ov ,. . .... \ I 1 4 '1/4 1 40 ' vreafill -------> ....,. . .._ ,. 1 , 4 A .. , .... ..... . 4 ° 5 '814 411, AFFIDAVIT THE UNDERSIGNED STATES THAT HE HAS PERSONAL KNOWLEDGE THAT THE PROPERTY, DELINEATED ON EXHIBIT A ATTACHED HERETO (THE "PROPERTY "). HAS BEEN USED CONTINUOUSLY FOR AT LEAST TWENTY (20) YEARS TO THE DATE OF THIS AFFIDAVIT IN THE FOLLOWING MANNER: A. FOR THE STORAGE OF BUILDING MATERIALS; B. FOR THE DISPLAY AND MERCHANDISING OF GARDENING AND BUILDING MATERIALS; AND THAT ALL SHEDS AND STORAGE RACKS WERE AVAILABLE TO THE GENERAL PUBLIC FOR RETAIL SALES; AND THAT THE PUBLIC WAS ALLOWED ACCESS TO THE SHEDS AND STORAGE RACKS; THIS AFFIDAVIT IS MADE FOR THE PURPOSE OF SUBMISSION TO THE CITY OF ASPEN FOR DETERMINATION OF THE USE OF THE PROPERTY SINCE 1969. SUBSCRIBED AND SWORN BY THE UNDERSIGNED THIS Ai DAY OF iiu <% 19S9. yt " AFFIDAVIT THE UNDERSIGNED STATES THAT HE HAS PERSONAL KNOWLEDGE THAT THE PROPERTY, DELINEATED ON EXHIBIT A ATTACHED HERETO (THE "PROPERTY "), HAS BEEN USED CONTINUOUSLY FOR AT LEAST TWENTY (20) YEARS TO THE DATE OF THIS AFFIDAVIT IN THE FOLLOWING MANNER: A. FOR THE STORAGE OF BUILDING MATERIALS; B. FOR THE DISPLAY AND MERCHANDISING OF GARDENING AND BUILDING MATERIALS: AND THAT ALL SHEDS AND STORAGE RACKS WERE AVAILABLE TO THE GENERAL PUBLIC FOR RETAIL SALES; AND THAT THE PUBLIC WAS ALLOWED ACCESS TO THE SHEDS AND STORAGE RACKS; THIS AFFIDAVIT IS MADE FOR THE PURPOSE OF SUBMISSION TO THE CITY OF ASPEN FOR DETERMINATION OF THE USE OF THE PROPERTY SINCE 1969. �/ fr SUBSCRIBED AND SWORN BY THE UNDERSIGNED T -1S4 DAY OF 1989. - ---1- Li - r 4 • • AFFIDAVIT THE UNDERSIGNED STATES THAT HE HAS PERSONAL KNOWLEDGE THAT THE PROPERTY, DELINEATED ON EXHIBIT A ATTACHED HERETO (THE "PROPERTY "). HAS BEEN USED CONTINUOUSLY FOR AT LEAST TWENTY (20) YEARS TO THE DATE OF THIS AFFIDAVIT IN THE FOLLOWING MANNER: A. FOR THE STORAGE OF BUILDING MATERIALS; B. FOR THE DISPLAY AND MERCHANDISING OF GARDENING AND BUILDING MATERIALS; AND THAT ALL SHEDS AND STORAGE PACKS WERE AVAILABLE TO THE GENERAL PUBLIC FOR RETAIL SALES; AND THAT THE PUBLIC WAS ALLOWED ACCESS TO THE SHEDS AND STORAGE RACKS; THIS AFFIDAVIT IS MADE FOR THE PURPOSE OF SUBMISSION TO THE CITY OF ASPEN FOR DETERMINATION OF THE USE OF THE PROPERTY SINCE 1969. SUBSCRIBED AND SWORN BY THE UNDERSIGNED THIS ..; DAY OF 1989. .lCJp��rc L1,c-re 1 AFFIDAVIT THE UNDERSIGNED STATES THAT HE HAS PERSONAL KNOWLEDGE THAT THE PROPERTY, DELINEATED ON EXHIBIT A ATTACHED HERETO (THE "PROPERTY "), HAS BEEN USED CONTINUOUSLY FOR AT LEAST TWENTY (20) YEARS TO THE DATE OF THIS AFFIDAVIT IN THE FOLLOWING MANNER: A. FOR THE STORAGE OF BUILDING MATERIALS; B. FOR THE DISPLAY AND MERCHANDISING OF GARDENING AND BUILDING MATERIALS: AND THAT ALL SHEDS AND STORAGE RACKS WERE AVAILABLE TO THE GENERAL PUBLIC FOR RETAIL SALES; AND THAT THE PUBLIC WAS ALLOWED ACCESS TO THE SHEDS AND STORAGE RACKS; THIS AFFIDAVIT IS MADE FOR THE PURPOSE OF SUBMISSION TO THE CITY OF ASPEN FOR DETERMINATION OF THE USE OF THE PROPERTY SINCE 1969. SUBSCRIBED AND SWORN BY THE UNDERSIGNED THIS DAY OF / ,/2,1989. AFFIDAVIT THE UNDERSIGNED STATES THAT HE HAS PERSONAL KNOWLEDGE THAT THE PROPERTY, DELINEATED ON EXHIBIT A ATTACHED HERETO (THE "PROPERTY "), HAS BEEN USED CONTINUOUSLY FOR AT LEAST TWENTY (20) YEARS TO THE DATE OF THIS AFFIDAVIT IN THE FOLLOWING MANNER: A. FOR THE STORAGE OF BUILDING MATERIALS; B. FOR THE DISPLAY AND MERCHANDISING OF GARDENING AND BUILDING MATERIALS: AND THAT ALL SHEDS AND STORAGE RACKS WERE AVAILABLE TO THE GENERAL PUBLIC FOR RETAIL SALES; AND THAT THE PUBLIC WAS ALLOWED ACCESS TO THE SHEDS AND STORAGE RACKS; THIS AFFIDAVIT IS MADE FOR THE PURPOSE OF SUBMISSION TO THE CITY OF ASPEN FOR DETERMINATION OF THE USE OF THE PROPERTY SINCE 1969. 91-44 SUBSCRIBED AND SWORN BY THE UNDEFSIGNED THIS a9 DAY OF 1989. /1.- /a 3 in r Afrki .e ..... . :44qpinF . ,...., .a., . c 1 1 !I': I P 1 5 ' • .6 .., C•1 . . :15 17, 1 Hi • . - EP ii Ei. il • :1; 1 - I; . .. 1 ' V A:4 leithrp p; - P •‘:.'t SSZ C j 2 Pi al tn - :1:::: 1 :raiNsoi il II 3 - ;"iii 4 - 2 ;lig h 1- cl •.••*.1 1 tgynt-E3 :: 5: - • i -"Sa.-44E . £ I 6 A 'ssii.4 i aimiii.P. :',,, -...- 4 2 l t! g! .' t w • .141 igiZaiiii (2:- 0 i 10 - h, /2. ,.., 3,' 7 t: EE C I:4 /it • 11. 1 1 . 1 hi 2 i b ar,E 3 Iii.tyr: sah A:: a:: • us: r. ¢ r - 1--4 CO 1-1 r X al ef , 2 i i . 1 Y ILI c g - :•• i - n ! • r 7 e _ r .'r. 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