HomeMy WebLinkAboutcoa.lu.gm.Wheeler Square 315 E Hyman.A15-90 # t
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 3 2 90 PARCEL ID AND CASE NO.
DATE COMPLETE: LI . ` 2737-182-17-00 15-90
STAFF MEMBER:
PROJECT NAME: Wheeler Square GMQS Exemption
Project Address: 315 East Hyman Avenue
Legal Address: Lots E. F & G, Block 82
APPLICANT: Wheeler Square Associates
Applicant Address:
REPRESENTATIVE: Gert Van Moorsel, Sutherland, Fallin
Representative Address/Phone: 5-4252
PAID: YES NO AMOUNT: $113. NO. OF COPIES RECEIVED: 2
Consent Agenda
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: ti*S7
FINAL ROUTING: DATE ROUTED: INITIAL:
City Atty City Engineer Zoning Env. Health
Housing Other: �Q
FILE STATUS AND LOCATION: �2 C)2°'4
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MESSAGE DISPLAY
TO ROBERT WEIEN CC FRANK PALCIC
Rejected by Post office
ROBERT WEIEN (CEO_POA) Unknown addressee.
From: Kim Johnson
Postmark: Apr 19,90 9:24 AM
Subject: WHEELER SQUARE
Message:
For your information, the Planning and Zoning Commission approved the
Wheeler Square expansion proposal we've been dealing with. The
Commission passed it based on the land use code qualifications, but
expressed their deep concern about loosing the accessiblity for
disabled. THe condition of approval was that "Removal of the
elevator and handicap access shall be approved by the Building
Department prior to issuance of a Building Permit. " The vote was
6-1, with Roger Hunt voting no on the principle of removing the
access.
X
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MEMORANDUM
TO: Planning and Zoning Commission
FROM: Kim Johnson, Planner
RE: Wheeler Square GMQS Exemption
DATE: April 17, 1990
SUMMARY: Planning staff recommends the approval with conditions
for GMQS exemption to allow a 114 s. f. expansion of net leasable
area.
APPLICANT: Wheeler Square Associates, represented by Don
Fleischer and Stuart Siegel
LOCATION: Wheeler Square Building, 315 East Hyman Ave.
ZONING: CC, Commercial ,Core
APPLICANT'S REQUEST: GMQS Exemption to allow a lower level
office by taking in a corridor area and removing an elevator.
Total increase in net leasable floor area is 114 s. f. See floor
plans (Attachment "A")
REFERRAL COMMENTS:
Building Department - Rob Weien, Deputy Chief Building Official,
submitted the following comment:
"Building Department policy is to maintain handicap access
to existing buildings consistent with state law and UBC(88)
Table 33A. Alternates which result in equal or improved
access are reviewed on a case by case basis by the Building
Official under UBC(88) Sec. 105. " (Attachment "B")
PROPOSAL: This project involves removal of a wall, moving a
doorway, and removing an elevator. The square footage from the
corridor will be added to the existing adjacent office.
STAFF COMMENTS: GMQS Exemption may be granted by the Commission
for expansions of commercial structures, cumulatively not to
exceed 500 •s. f. , as long as the expansion will have minimal
effect on the City. Parking generated from this 114 s. f.
addition is . 22 spaces. No additional parking is proposed.
Employee generation is . 39. person for this addition. No
additional employee housing will be provided.
The Wheeler Square Building received approval for an expansion of
72 s. f. at Main Street Music in 1988, but the expansion was never
built. This current application falls within the 500 s. f.
limitation. There is no change in the appearance of the
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structure from the outside.
The concerns expressed by the Building Department will have an
ultimate effect on the outcome of this project and the applicant
shall work with the Building staff on the access issue. Access
alternatives should not be part of the Commission' s decision.
STAFF RECOMMENDATION: The Planning Office recommends approval of
the GMQS Exemption for the expansion of 114 s. f. floor area in
the Wheeler Square Building with the following condition:
1. Removal of the elevator and handicap access requirements
shall be approved by the Building Department prior to issuance of
a Building Permit.
Attachments: "A" - Floor Plan
"B" —Building Department Referral
jtkvj/wheeler.memo
AeFleisher Compaq
Residential Division
MAR 2
a
Febru ry 28, 1990
Ms. Kim Johnson
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, CO 81611
Dear Ms. Johnson:
Attached please .find a Development Application for Growth
Management Quota System Exemption for the proposed remodel
project for the Wheeler Square Building located at 315 East Hyman
Avenue in Aspen. This application is submitted for the review
and consideration of the Planning and Zoning Commission pursuant
to Section 8-104 of the Aspen Municipal Code by Donald J.
Fleisher, on behalf of the owner of the property, the Wheeler
Square Associates.
Should you have any questions, please direct your inquiries to
either Gert Van Moorsel, AIA of Sutherland, Fallin, Inc. , or
Stuart Siegel, Property Manager of The Fleisher Company, Inc.
Sincerely yours,
Donald J. Fleisher
DJ F/mb
Enclosures
710 East Durant Avenue•Aspen,Colorado 81611 •303/925-2122
ATTACHMENT 1
1) Project Name Wheeler Square Um Ae (TIQN I JR E
2) Project Location 315 East Hyman Avenue, Aspen, Colorado 81611
Lots E, F, & G, Block 82, Townsite of Aspen
(indicate street address, lot & block number, legal description n where
appropriate)
3) Present Zoning CC 4) Lot Size 9000 Sq. Ft.
5) Applicants name, Address & Phone # Wheeler Square Associates
c/o The Fleisher Company, 710 East Durant Avenue, Aspen, CO 81611
6) Representative's Name, Address & Phone # Donald J. Fleisher
c/o The Fleisher Company, 710 East Durant Avenue, Aspen, CO 81611
7) Type of Application (please check all that apply) :
Conditional Use Conceptual SPA .Qaral Historic Dev.
_ Special Review Final SPA Final Historic Dev.
8040 Greenline Conceptual PUD Minor Historic Dev.
Stream Margin Final PUD Historic Demolition
Mountain View Plane Subdivision' . Historic Designation
Conti mi ni umi 2atioar Text/Map AI erYimen tMQ$ Allotment
X
Lot Split/Lot Line ____.,. GAS E :. gem
Adjustment
8) Description of EXisting Uses (number and' type of existing rg stems;
approximate sq. ft.; n Mber of bedrooms; any previous approvals granted to
property). .
The Wheeler ;Square is a commerical building consisting both. of`retail
and office uses.
9) Description of Development Application
The proposed project is for a minor remodel to the Wheeler Square Building
to remove the North wall of space currently occupied by Electronic
Systems Consultants, to obtain 114 Square Feet of additional space.
10) Have you attached the following?
___(_ Response to Attadmment 2, Minimum Submission Contents
— Response to Attadn nt 3, Specific Submission Contents
X Response to Attad went 4, Review Standards for Your Applications
APPLICATION FOR
MINOR DEVELOPMENT
1. Applicant's Name: Wheeler Square Associates
Address & Telephone: c/o The Fleisher Company
710 East Durant Avenue
Aspen, Colorado 81611
(303) 925-2122
Representative: Donald J. Fleisher
Authorization: See Exhibit A.
2 . Street Address: Wheeler Square
315 East Hyman Avenue
Aspen, Colorado 81611
Legal Description: Lots E, F, and G, Block 82 .
Townsite of Aspen.
3 . Ownership of Property: See Exhibit B.
4 . Vicinity Map: See Exhibit C.
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REVIEW STANDARDS:
DEVELOPMENT APPLICATION FOR GROWTH MANAGEMENT EXEMPTION
This application requests exemption from the Growth Management
Quota System for the expansion of commercial use by not more than
five hundred (500) square feet of net leasable area.
Specifically, the plans for the remodel project provide for an
increase in net leasable area of one hundred fourteen (114)
square feet. As this increase is an expansion of an existing
office space currently occupied by Electronic Systems
Consultants, the project will have minimal impact on the City.
The project will not result in any additional employees to be
generated by the project. Using the guidelines provided in
Section 8-106 of the Municipal Code .for the Commercial Core (CC)
standards for full-time equivalent employee generation, the
employee generation for one hundred fourteen (114) square feet is
. 39 employees. (Based on the CC requirement of 3 . 50 employees
per 1, 000 square feet of net leasable) . On the basis of the
negligible increase in the number of employees generated by the
project, no additional employee housing will be provided.
The expansion will result in a minimal demand for additional
parking. As set forth in the Commercial Core Off-Street parking
Requirements in Section 5-209 of the Code, the requirements for a
commercial use within this zone call for 2 spaces per 1, 000
square feet of net leasable area. Based on these standards, an
increase in net leasable area of one hundred fourteen (114)
square feet results in an additional parking requirement of . 22
spaces. Therefore, no additional parking spaces will be
provided, and parking will be accommodated on-street as for the
rest of the building.
The visual impact of this project from the street will be non-
existent, as the project is proposed for the interior, lower
level, of the Wheeler Square Building.
The proposed development enhances the function, the design, and
the aesthetic presentation of the Wheeler Square Building.
The project will not result in any increased demand of the City's
public facilities. The area to be remodeled will be served in
the same way that the building is currently served.
5. The proposed minor development complies with the
"Substantive Development Review Standards" as follows:
The proposed development is compatible in character
with the development on the site as this particular
project is actually the final step in . a series of •
improvements that have been made to the Building over
the past three years. The change proposed for the
office space, currently occupied by Electronic Systems
Consultants, will remove the existing north wall of the
space. The west wall will be extended to enclose the
new space, adding only 114 square .feet of leasable
space to the building.
The proposed development does not detract from the
cultural value of the historic overlay district, nor
does it diminish the architectural integrity of the
nearby historic structures in the district. The
proposed development enhances the function, the design,
and the aesthetic presentation of the Wheeler Square
Building.
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EXHIBIT A:
LETTER OF AUTHORIZATION
TO: Aspen/Pitkin Planning Office
FROM: Wheeler Square Associates
RE: Authorization for representation by Donald J.
Fleisher on behalf of the Wheeler Square
Associates
Donald J. Fleisher, and Gert Van Moorsel, are hereby authorized
to act on behalf of the Wheeler Square Associates as applicant
for the Development Plan for Minor Development in the Historic
Overlay . District. Specifically, he is authorized to present an
application for the remodel project proposed for the Wheeler
Square Building located at 315 East Hyman Avenue, Aspen,
Colorado.
Executed the day and year set forth below.
WHEELER SQUARE ASSOCIATES, INC.
/C/ege- /1-412-
Donald J. Fleisher, Secretary
Date: V9 ()
• Alk
EXHIBIT B:
DISCLOSURE OF OWNERSHIP
V) Re ern led ad—_--._«u'i 1,li A _. .—�_ �•_ ff h1 j p rC � ) .
\� Recell!iun Nu. •� —T— _ __—_ ._ —keiutd,:. )Il V.!- i 'ilri11E844 '
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t'., L- '1-IIIS I)ELI), Made this �-- • tl.n'.,11. August . •
),, II) 86 LOR71A bANNER
. h.:tween IIYMAN AVENUE LIMITED PARTNERSHIP i'ITkIN r'i'(. RECORDER
).• CrL L� ul the 'County of and State of •
. i� • Auc 2`.► 123 PM.°Q6
N (-ulu.:0„. gr:uuur.and WHEELER SQUARE ASSOCIATES, INC. •
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tthuse legal:ul.hea is 215 S. Monarch St. , Aspen ,
„r the County of Piticin mid state or C-ulurado.grantee:
_ \vI rNLSSI ll,Thal the grantor for and in consideration lli the?n111 III' o ther good and valuable
consideration and Ten ($10.00) and no/1.00 lu)I,i.AKS.
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the reeegil:old sill liciene y or tshicll is Ircrihy acl.nutt lellecd.has V anlnl,harg.Iiue.l.sold and coutcy'tl and 11)Thew present,d,les gt:u11,h,ul:ain,.`<'II.
euntev and confirm,unit,the granter.his heirs and assigns lurever.:ill the real pi deer ogerher t,',ill iugnuccnit•nl..itan1'.siul:dc•ION::uul Mein in the
("minty of Pitkin and Stns of('ulor:ldu tk tribed as htllowt.:
Lots E, F and C of Block 82 of the Original Townsite of the
City of Aspen, Pitkin County, Colorado. •
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$ I
:IS Luu,cu by sheet and nuniher as: 315 E. Hyman Avenue,.. Aspen, Colorado
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TM.;11::111 Ell ■cith all .end singular the heteditamenl,and:y,purlen:uiees Iheielu helot Bing. or in unvt,isc :q,llerrainin(. and the neversiun and i
re,ersiuns, icmaiuder and teinaiulers. rents. issues and pt'ulils therein. and all the estate. light. title. interest,claim tin,'deni:uld whatsoever of the
grantor.either in late or equity.of,in and hl the above bargained premises, ttilh the heiedil:uuenl,and appurtenances,
'L(1 II_\\'L:\N II TO IIt)I.I)the said premises;Move bargained and described. ttilh the appurtenances.unto the grantee.his hens:yid tlssigits
li,w•ter.And the VI:utlur.101'111111 S Cll.his heirs.:u1d personal Ieplcsenlatitcs.dues■aten:uu,gr:Inl.kill:4i11,and a ree Ili:111l1%%ilk the grantee.his heirs and
assigns.Mat at the time of the nuealing;ind delicciy uI these presents,he i,,tells i/ell r,l Ihr prriiuses abate euuseseui,has gaud.sure.I>Lt'Isel.absuhile .
and uldeleasible estate of Mlle,mince.in luty.in lee simple.and has good filth 110m.ler and I:nt1ul ambit'ity to grant.bat gain.sell and convey the s:nn: •
in n■ulner and ruim as aforesaid. and that the same ale flee and clear Iluui all limner Mill other ;rains. bargains. sale.. liens. Lives, tlssessnteuh.
cncunuhnmees and restriction s of wh:tleter kind or nature s,levcr.except those listed on Exhibit A attached
hereto and made a part hereof by this reference.
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The gr:ulior shall and■■ill\1'ARkAN I AND IORL\'LI(DL:IFLNI)the ahu,'e.h:ugained pienlises in the quiet and peaceable possession of Ilk!grantee.
Ihis heirs and as,il:ns•against:ill;311,10'0'Y person ur persons 1;1\4 fully claiming the whole or any part thereof.The singular number shall inehide the plural.
the plural the silgsil:u:and Ihe inc of any gender shall he applicable lu all genders. .
IN WITNESS \I Iii.I(h:(IF,the glamor has executed this deed on Ilse lode sit forth;Mote.
_ _ __ IIYMAN_ AVENUE LIMIT__PARTNERSHIP
— — — — -- -- B ld ,
Archie )Y. • cGill i
I 1 Cener t artner •('I,Ilmy id /)1.6-1A-64) .
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I 'fly rore):uhng in,nunleul teas ae{.nottledged helorc ulc it,the County of rrlorRi'S .slate of
d 't,1 ,Is �?s''4' da) „r.August • I,/ 86,II), Archie J. McGill
1. )ullimissi„n esjths . 1/ . w.,,,,....ii, haul and ullicial se:d.e
•.VT:. CAl\RYI„a hy0F'1L13Uc1 or ra\'irar.astr
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• EXHIBIT A
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1 . Reservations and exceptions as contained in the .,Deeds from
the City ut Aspen providing as follows: that no title shall
be hereby acquired to any mine of gold , silver , cinnabar or
cu[)pw. ur to any valid mining claim or possession held under •
existing laws; and provided further that the grant hereby
made is declared to be subject to the conditions ,
• limitations and restrictions contained in Section 2366 of
the Revised Statutes of the United States, in Deeds recorded
in Hook 59 at page 59 , Eouk 59 at Pack. 68 , Book 59 at page
; 17 .
Terms and conditions of Encroachment Agreements recorded in •
Ucuk 3:,',1 at Page 960 and Bock 503 at Page 53 .
3 . Terms , and conditions of Easement Agreement between Hyman
Avenue Limited Partnership and Tavern on the Park, inc .'
recorded in Book 503 at Page 56 .
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4 . Any and all existing leases and tenancies . •
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1 0l,t0 lr,.:. 4 11nruuchun Cudu 7 Cndnr,ununq COO,. 10 SIJIV Coda 13 Suurcr W Hu •„
COMMITMENT: 23 D.uv Inc erne Nuyurlvll S Chafg y H tndnt,:enuml Chow 11 Cuunly fade 14 Cu oii.VUn Nvin nhun
3 C .Nurrd,ra G Ci,rd,• B rui.rl'lemma I?Prou,tly ly„u
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1 3 4 5 6 1 - y 10 12 14
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2 N 11 13
b1 M M M
atvyers Title Insurance Corporation
National Headquarters
Richmond, Virginia
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date : August 18. 1986 at 8:00 A.M. Case No. PCT-897-86
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2. Policy or policies to be issued:
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(a) Amount $ I .350000.00,
)0 LTA Owner's Policy—Form 13.1970(Rev. 10-17.70&Rev. 10.17.84) with' a premium of $ 2,557.00
❑ ALTA Residential Title Insurance Policy-1979
• Proposed insured:WHEELER SQUARE ASSOCIATES, INC. ,
a Colorado Corporation •
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(b)ALTA Loan Policy, 1970(Rev. 10-17-70& Rev. 10-17-84) Amount $_ SO,000.00
Proposed insured: FIRST NATIONAL BANK IN ASPEN with a premium of $ 40;00
Form 100 255.70'
Form 100.29 255.70
Tax Certificate 5.00
(c) Amount S
Proposed insured: .
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3. Title to the fee simple estate or interest in the land
described or referred to in this Commitment is at the effective date hereof vested in-:
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IIYMAN AVENUE LIMITED PARTNERSHIP, a Colorado limited partnership
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I. The land referred to in this Commitment is described as follows: • �'.
LOTS E, F AND C, • . •
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BLOCK 82,
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CITY AND TOWNSITE OF ASPEN
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COUNTY OF PITKIN, 1rr� 6 1986
• STATE OF COLORADO - °VED �'� 2
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Countersigned a . AS 'EN,_COLORAI)0 C BE-224 593
onuniUnent No. •
�' S Schedule A—Page 1
•; — This commitment is invalid unless
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. Authorize-Ic r Agent - the Insuring Provisions and Sched• • • •
Form No. 91-88 ISCH.A) ules A and 13 are atlached. i
035-1-008-0001/4 f1RIRIM1IAI
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huyers Title Insurance Corporation '
National Headquarters
Richmond, Virginia
SCHEDULE 13—Section 1
Requirements • .. •
The following are the requirements to be complied with:
Item(a) Payment to or for the account of the grantors or mortgagors of the lull consideration for the estate or interest
to be insured. •
Item(b) Proper instrumentfs) creating the estate or interest to be insured must be executed and duly filed for record,
to-wit:
( 1) . Deed from the partners of Hyman Avenue Company, a Colorado limited partnership
vesting fee simple title in Wheeler Square Associates, Inc. , a Colorado
Corporation. .
NOTE: The written consent must be obtained from all of the limited and general .
partners of Hyman Avenue Company, a Colorado limited partneship or the same
must execute the above deed.
(2) . Certificate of Incorporation or certificate of good standing issued by the •
Secretary of State of the State of Colorado of Wheeler Square Associates, lnc. ,
a Colorado Corporation. •
(3) . Deed of Trust from : Wheeler Square Associates, Inc. , a Colorado Corporation
to the Public Trustee of the County of Pitkin
for the use of ' : First National Bank in Aspen . • '
spen '
to secure : $850,000.00 '
NOTE: A corporate resolution authorizing the execution of the above Deed of
Trust and the person(s) authorized to execute said Deed.
(4) . Release by the Public Trustee of the,
• Deed of Trust from : Hyman Avenue Company, a Colorado limited Partnership et.al. •
to the Public Trustee of the County of Pitkin '
for the use of : First Federal Savings of Newton, Kansas
to secure : $650,000.00
dated : January 3, 1977
. recorded • : January 4, 1977 in Book 322 at Page 584
reception No. : 190790
Assignment of Lessors' interest given in connection with the above Deed of
• Trust , recorded January 4 , 1977 in Book 322 at Page 596.
Substitution Agreement evidencing assumption of the above indebtedness recorded
in Book 429 at Page 245. .
Modification Agreement recorded in connection with the above Decd of Trust
recorded in Book 429 at Page 249. .
(5) . Termination Statements for Financing Statements from Hyman Avenue Company •
to First Federal Savings and Loan Association of Newton filed January 4 , 1977
as Filing No. 3987; and from Hyman Avenue Company to First• Federal Savings
and Loan Association of Newton filed January 12, 1977 as Filing No. 3995.
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----CONTINUED----
This commitment is invalid unless .
the Insuring Provisions and Sched- • Schedule B-Section 1-Page 1-Commitment No. BE-224 593 __^
ales A and B are attached. . _--
Fonn No.91.8818.1) .
035.1-0
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118-0001/4 Q1;1f�11'l 1I
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• ' lawyers Title Insurance Corporation
• NATIONAL HEADQUARTERS
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• . RICHMOND.VIRGINIA
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SCHEDULE 111-1.___conl'd. j ,
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(6) . Release by the Public Trustee of the, • -
Deed of Trust from : Hyman Avenue Limited Partnership
• to the Public Trustee of the County of Pitkin .
for the use of : Jeannies S. McGill
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CO secure : $245,000.00
dated : March 3, 1986
recorded : March 5, 1986 in Book 506 at Page 637
reception No. : 276108 . • .
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(7) . Evidence satisfactory that the Rear Estate Transfer Tax as established by
Ordinance No. 20 (Series of 1979) has been paid or exempted.
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Sdindule......,_____Tcm0------No. . .
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liv,;•,11.10,1112 ' • •
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ales A and B iiieiltia-c-ted, • :'V'''''
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Jwyers Title Insurance corporation
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NATIONAL HEADQUARTERS
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RICHMOND, VIRGINIA
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SCHEDULE B—Section 2 • •
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Exceptions •
The policy or policies to be issued will contain exceptions to the following unless the some 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, conflicts in boundary lines, shortage in area, encroachments, and any facts which
a correct survey and inspection 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, im-
posed 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.
6. Reservations and exceptions as contained in the Deeds from the City of Aspen
providing as follows: that no title shall be. hereby acquired to any mine of
gold, silver, cinnabar or copper or to any valid mining claim or possession
held under existing laws; and provided further than the grant hereby made is
declared to be subject to the conditions, limitations and restrictions contained
in Section 2386 of the Revised Statutes of the United States, in Deeds recorded
in Book 59 at page 59, Book 59 at Page 68, Book 59 at Page 417,
7. Terms and conditions of Encroachment Agreements recorded in Book 321 at Page
960 and Book 503 at Page 53.
8. Terms, and conditions of Easement Agreement between Hyman Avenue limited
partnership and Tavern on the Park, Inc. , recorded in Book 503 at Page 56.
9. Any and all existing leases and tenancies.
•
•
•
•
•
•
•
•
Exceptions numbered rlaNE are hereby omitted.
The Owner's Policy to be issued, if any, shall contoin the following items in addition to the ones set forth above:
(1) The Deed of Trust, if any, required under Schedule a—Section 1, Item (b).
(2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing issuance
thereof; water rights, claims or title to water. .
(3) Any and all unpaid taxes, assessments and unredeemed tax soles.
. Schedule B—Section 2—Page 1—No,
BE 224593
Form 81•R8 R2 Rocky MI.
035.1.088.0504
0111Gl(!ftl. • • •
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Iuiyers mile insurance Corporation
National Headquarters
. Richmond. Virginia
COMMITMENT FOR TITLE INSURANCE
LAWYERS TITLE INSURANCE CORPORATION, a Virginia 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 the issuance of this
Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or
policies committed for shall issue,whichever first occurs,provided that the failure to issue such policy or policies is nut the
fault of the Company.This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. .
•
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when
countersigned by an authorized officer or agent of the Company,all in accordance with its By-Laws.This Commitment is
effective as of the date shown in Schedule A as "Effective Date."
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, lien, encumbrance, adverse claim or other
matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail 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
matter, the Company at its option may amend Schedule B of this Commitment accordingly,but such amendment shall
not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and
Stipulations.
•
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
cwnrnitted for and such liability is subject to the insuring provisions and the Conditions and Stipulations and thu
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 Conuuitment 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.
I juyers 111k Insu a Orporatton
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President
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110 411
MEMORANDUM
TO: Frank Palcic, Building Department
FROM: Kim Johnson, Planning Office
RE: Wheeler Square GMQS Exemption
DATE: March 12 , 1990
Attache for your review and comments is an application from the
Wheeler Square Associates requesting GMQS Exemption approval for
the additional of leasable square footage.
Please review this material and return your comments to me no
later than March 30, 1990. Frank, in your comments, please
specifically address the removal of the elevator. Thank you.
4► 1
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090
March 12, 1990
Donald Fleisher
The Fleisher Company
710 East Durant Avenue
Aspen, CO 81611
RE: Wheeler Square Building GMQS Exemption
Dear Mr. Fleisher,
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 complete.
We have scheduled your application for review by the Aspen
Planning and Zoning Commission on Tuesday, April 17, 1990 at a
meeting to begin at 4 : 30 pm. The Friday before the meeting date,
we will call to inform you that a copy of the memo pertaining to
your application is available at the Planning Office.
If you have any questions, please call Kim Johnson, the planner
assigned to your case.
Sincerely,
Debbie Skehan
Administrative Assistant
cc: Gert Van Moorsel
CITY OF ASPEN
® PRE-APPLICATION CONFERENCE SUMMARY
PROJECT: W 6_,L\ ST8) (60/QS
�X
APPLICANT'S REPRESENTATIVE:
04.vi ooase
REPRESENTATIVE 'S PHONE: ?,2-5----42,C2
OWNER'S NAME: WC6k2 57. d C/ S
SUMMARY A � �- �/,�
1. Type of Application: (,A'1 ?5 �J X'C/t4p 7 Al
2 . Describe acti/on'//type of development being requested:
3 . Areas is which Applicant has been requested to respond,
types of reports requested:
Policy Area/
Referral Agent Comments
6A11 ' D7ge-• /6444.6V-a,e
® _
4. Review is: P&Z Onl (CC Only) (P&Z then to CC)
5. Public Hearing: (YES)
62P
6. Number of copies of the application to be submitted:
p O
7. What fee was applicant requested to submit: //3
8 . Anticipated date of submission: .�
9. COMMENTS/UNIQUE CONCERNS: //( 3/ 4t .e4 l 'a4,-114k:1 c�'
411 frm.pre_app