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Home My WebLink Aboutcoa.lu.pu.Patterson 580 Cemetery Ln.A25-92Patterson Final PUD and Condo. 2735-122-06-008 ,jleAAA�dl/ 0 42-��f ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 920-5090 Iq a s 90� LAND USE APPLICATION FEES a-7 1,-zP_06- City ?S 00113-63250-134 GMP/CONCEPTUAL 00125 00123 00115 County 00113 00125 00123 00113 -63270-136 -63280-137 -63300-139 -63310-140 -63320-141 REFERRAL FEES: -63340-205 -63340-190 -63340-163 GMP/FINAL SUB/CONCEPTUAL SUB/FINAL ALL 2-STEP APPLICATIONS ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS ENVIRONMENTAL HEALTH HOUSING W ENGINEERING 0 SUBTOTAL -63160-126 GMP/GENERAL -63170-127 GMP/DETAILED -63180-128 GMP/FINAL -63190-129 SUB/GENERAL -63200-130 SUB/DETAILED -63210-131 SUB/FINAL -63220-132 ALL 2-STEP APPLICATIONS -63230-133 ALL 1-STEP APPLICATIONS CONSENT AGENDA ITEMS -63450-146 BOARD OF ADJUSTMENT REFERRAL FEES: -63340-205 ENVIRONMENTAL HEALTH -63340-190 HOUSING -63360-143 ENGINEERING PLANNING OFFICE SALES 00113-63080-122 -63090-123 -63140-124 -69000-145 Name CITY/COUNTY CODE COMP. PLAN COPY FEES OTHER Address: J o p ki�E � l Check # Copies received: WRIM-101 SUBTOTAL TOTAL,4f�� CLZ) Phone: .S— LJ� (7 %J Project: Fa 77 e ✓S O n Fl Y C l Date: -r #of Hours: _' CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED:. 3/16/92 PARCEL ID AND CASE NO. DATE COMPLETE:-/2Q 2735-122-06-008 A25-92 STAFF MEMBER: KJ PROJECT NAME:Patterson Final PUD and Condominiumization Project Address:580 Cemetery Lane, Aspen, CO 81611 Legal Address:Lot 2, Castle Creek Subdivision APPLICANT:Dan Patterson 11c' 'o-� >�. "V (4', Applicant Address:530 Cemetery Lane, Aspen, CO 81611 REPRESENTATIVE:Don Huff Representative Address/Phone:P. O. Box 3312 Aspen, CO 81611 925-4718 PAID:(YES) NO AMOUNT: $2121.00 NO. OF COPIES RECEIVED 8/8 TYPE OF APPLICATION: 1 STEP: 2 STEP: X PUS ceNDuS" � , C3a P&Z Meeting Date � S PUBLIC HEARING: YES NO CC Meeting Date VESTED RIGHTS: YES NO PUBLIC HEARING: YES VESTED RIGHTS: YES NO NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: --------------------------------------------------------------- --------------------------------------------------------------- REFERRALS: City Attorney City Engineer Housing Dir. Aspen Water City Electric V Envir.Hlth. Aspen Con.S.D. Mtn Bell School District Parks Dept. Rocky Mtn NatGas Holy Cross State HwyDept(GW) Fire Marshall State HwyDept(GJ) Building Inspector Roaring Fork OtherZONJ/M� Energy Center DATE REFERRED:__� `/• INITIALS: ------------------------------------------------------------ --- ----------------------------------------------------------- - FINAL ROUTING: � DATE ROUTED: - J--,NITIAL: City Atty City Engineer Zoning Env. Health Housing Other: FILE STATUS AND LOCATION: FED 07 '94 03:11PM ASPEN HOUSING OFC P.1 #355610 rJ&G/93 11:58 Rec 91�.00 PK PG 40 Silvia Da , Pitkin Cnty Clerk, Doc .0o ACCESSORY DWELLING UNIT DEED RESTRICTION APPROVED PURSUANT TO ORDINANCE 60 (COTTAGE INFILL), ORDINANCE ONE (HOUSING REPLACEXRNT PROGRAX), AND SECTION 5-510 OF THB ASPEN CITY LAND USE CODE, AND ORDINANCE #92-44 THIS ACCESSORY DWELLING UNIT DEED RESTRICTION is made and entered into this 23rd day of March, 19031 by Patterson ("Coventor") for itself, its successors and assigns, for the benefit of the City of Aspen; Colorado, a municipal corporation, and the Aspen/Pitkin County Housing Authority, a multijurisdictional housing authority established pursuant to the AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT recorded in Book 605 at Page 751 of the records of the Pitkin County Clerk and Recorder's Office ("Authority"). WHEREAS, Coventor owns that parcel of real property located at Cemetery LwLe, in the City of Aspen, County of Pitkin, Colorado, more specifically described as Lot 2, Castle Creek $ubdivision upon which is situate a dupleX to contain an at ached, net liveable square foot studio accessory dwelling unit ( 'Unit") ; and WHEREAS, Coventor agrees to accept and impose certain conditions on its use and occupancy of the Unit as an accessory dwelling unit under the Aspen Municipal Code. NOW, THEREFORE, in consideration of the mutual promises and obligations contained where, the Coventor hereby covenants and agrees as follows: I. The Unit as identified hereinabove shall not be condominiumized and, if rented, shall be rented only in accordance with the guidelines as adopted and as may be amended from time to time by the Authority governing "resident -occupied" dwelling units. 2. Coventor need not rent the Unit; however, when rented, only qualified residents, as defined in the Housing Guidelines, shall reside therein and all rental terms shall be fore a period of not less than six (6) consecutive months. Coventor shall maintain the right to select the qualified resident of its own choosing when renting the Unit. An executed copy of all leases for the Unit shall be submitted to the Authority within ten (10) days of the approval of a qualified resident. FEB 07 '94 03:11PM ASPEN HOUSING OFC P.2 #35561*4/06/93 11:S8 Rac $15.00 • 7013 P(3 41 Silvia avis, Pitkin Cnty Clerk, Doc $.00 3. The covenants and limitations of this deed restriction shall run with and be binding on the land for the benefit of the City of Aspen and the Authority, either of whom may enforce the provisions thereof through any proceedings at law or in equity, including eviction of non -complying tenants. 4. it is understood and agreed by the Coventor that no waiver of a breach of any term or condition as contained in this deed restriction shall be construed to be a waiver of any breach of the same or other term or condition, nor shall failure to enforce any one of the terms or conditions, either by forfeiture or otherwise, be construed as a waiver of any term or condition. IN WITNESS HEREOF, Coventor has placed its duly authorized signature hereto on the date as described above. COVENTOR: By: At#vJ E 64M�-� (Name of Coventor) 1NI#A- C_ p vrTCAS4a Mailing Address: STATE OFdf�iJ/� ss. COUNTY OF��,�� ) The foregoing instrument was acknowledged before me this _ day of , 19 by (Name of Coventor)AIi75'0.�%. WITNESS my hand and official seal. My commission expires: D 112 LINDA D. COLE COMM. #t984088 n CRY PUkr CALFORHIA � MY COMMISs oN EXPIRES C) FEBRUARY 3.1997 FEB 07 '94 03:12PM ASPEN HOUSING OFC+ • • P.3 11. ##"355610 04/06/93 l 1:58 Rec i615. C�0 Ek 708 PG 42 Silvia Davis, Pitk'in Cnty Clerk, Dnc $.00 _ By: Mark . Patterson Mailing Address: 580 Cemetery Lane, Aspen, CO 81611 STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 2= day of March, 1993, by Mark W. Patterson. s Wife.+ �, `� �y� f, WITNESS MY hand and official seal. �'.'•.�'•y 7y, , % My Commission expires: .% g Da ' `�.,�,, UgLI�.�� Notary t4blic cD`" ACCEPTANCE BY THE HOUSING AUTHORITY The foregoing agreement and its terms are accepted by the Aspen/Pitkin County Housing Authority. THE ASPEN/ T N CO NTY SING AUTHORITY By: David Myler, 4fiairman Mailing Address: 530 East Main Street, Lower Level Aspen, CO 81611 STATE OF COLORADO COUNTY OF PITKIN ) The oreg ing instrument was acknowledged before me this day of i 19!U, by David Myler6 r,4-n WITNESS MY hand and official seal. 4%Q►� My Commission expires: Dat �► 11g i:�� F •� Notary PU iC • ,,.,, ,,��' 3 kk355131 '4l93 09 r 09 RFr_. :;; .`- Ci(! I ;h 6 FIG 766 Ci7. �:ia D:_. i s, F=-:itki.n Cnty is: E?r,iti? ORDINANCE NO.yl (SERIES OF 1992) AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO GRANTING FINAL PUD DEVELOPMENT PLAN APPROVAL AND SUBDIVISION EXEMPTION FOR CONDOMINIUMIZATION FOR THE PATTERSON DUPLEX LOCATED AT 580 CEMETERY LANE (LOT 2, CASTLE CREEK SUBDIVISION) WHEREAS, Mark Patterson submitted an application for Final PUD Development Plan, Conditional Use for an accessory dwelling unit, and Subdivision Exemption for Condominiumization of the Patterson family duplex located in an R-30 zone with a PUD overlay; and WHEREAS, Section 24-7-903 of the Aspen Municipal Code establishes design standards for Final PUD Development Plans; and WHEREAS, pursuant to Section 24-7-1007 of the Aspen Municipal Code, a Condominiumization is a Subdivision Exemption by the City Council upon satisfaction of certain requirements; and WHEREAS, the Patterson application was reviewed by Environmental Health, Engineering, and the Planning Office; and WHEREAS, the Planning Officerecommended approval of the Final PUD Plan and accessory dwelling unit proposal to the Planning and Zoning Commission; and WHEREAS, at a public hearing on May 5, 1992, the Planning and Zoning Commission voted 6-0 to approve the accessory dwelling unit and 6-0 to forward to City Council a recommendation to approve the Final PUD Development Plan; and WHEREAS, the Planning Office, having reviewed the application pursuant to Section 24-7-1007 of the Aspen Municipal Code relating to condominiumization recommended approval with conditions. 1 #355131 4/9 =' ( )9: c i8 Rec . i �i � D- ::WOO 6 PG, 767 Silvia D 'E'9 Pit kin l my C.I.erE::, Dor_ WHEREAS, the City Council, finding that the review criteria for Final PUD Development Plans and condominiumization of a residential building have been met, approves the Patterson Duplex Final PUD Development Plan and Condominiumization of the duplex upon construction of the new,Unit 2. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1• That it does hereby grant Final PUD Development Plan approval and Subdivision Exemption for condominiumization to the Patterson duplex at 580 Cemetery Lane (Lot 2, Castle Creek Subdivision. Section 2: The following conditions shall apply to the Final PUD and condominiumization approvals: 1. Prior to the issuance of any building permits, a site drainage plan (prepared by a registered engineer) which meets the requirements of Section 24-7-1004 C.4.f must be submitted to and approved by the Engineering Department. 2. Hay bales or other techniques shall be employed during construction in order to prevent erosion of the hillside, and a debris fence shall be installed during construction to prevent damage to existing vegetation outside of the work area. 3. The Final PUD Plan and condo plat shall indicate a 4'x4' utility pedestal easement. No utility pedestals shall be installed in the public right-of-way. 4. Prior to signing of final plat, or prior to final inspection 2 44:3551. 31 (1 ,/ �1�-: �?5 C 9: C8 Rec $2 J. �1�1 F-�[06 PG 768 Silvia F'i.U::in Ts, Cnty ClerE::, Dom_ .CW; of the construction, the applicant shall construct an unobstructed sidewalk area as approved by the City Engineer and shall sign a sidewalk, curb and gutter construction agreement. 5. A Final PUD Plan (including building elevations) and PUD Agreement shall be submitted to the City, approved as to form by the City Attorney, and filed with the Pitkin County Clerk and Recorder within 180 days of approval. Any revisions to the recorded development plan shall.be processed through the Planning Office. 6. Prior to the sale of either unit, a condominium plat must be recorded which meets the requirements of Section 24-7-1004 D of the Municipal Code. 7. I Prior to recordation, the Applicant needs to submit for the Engineering Department's approval two copies of a final plat. 8. The applicant must submit to the City Attorney's office for approval a Subdivision Exemption Agreement describing the terms of this exemption. This Agreement must be filed with the Pitkin County Clerk and Recorder concurrently with the condominiumization plat. 9. Rental of either unit shall be restricted to 6 month minimum leases, with no more than 2 shorter tenancies per year. 10. Prior to the Planning Director signing the final plat for condominiumization, the Applicants shall file a deed restriction to Resident Occupancy for the new unit which must be approved by the Housing Office and recorded with the Pitkin q a#;' 51 =31. (). ' ^4 / 9 C'i'? ; C)8 Fier $ '.5 . C)CG D f::_ P 769 Silvia Da , Pitkin Cnty Clergy::, Doc_ �! County Clerk and Recorder. A copy of the recorded deed `. restriction must be forwarded to the Planning Office. In lieu of filing a deed restriction the Applicant shall pay an affordable housing fee to the City Finance Department and shall forward a copy of the payment receipt to the Planning Office. Section 3• If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 4• This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances.A public hearing on the Ordinance shall be held on the /�� day of _ , 1992 at 5:00 in the City v� Council Chambers, Aspen City Hall, Aspen Colorado, 4a-s,prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the �� day of 1992. G-� 4 Koch, City Cle-k John Bennett, Mayor -�,'O--L-TXNALLY, adopted, passed and a ved this day of 1992. John bennett, Mayor A�ryn S...' Koch, City Clerk `�� '"v o^ ��6 PG 770 �'��^'`^ -_ _ .'-~ $ 00 Silvia Davis, Pitkin Cnty Clerk, Doc ^ 5 MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager THRU: Leslie Lamont, Senior Planne#e4,\ FROM: Kim Johnson, Planner DATE: % February 8, 1993 RE: Patterson Duplex PUD Recordation Deadline Extension - Resolution #-q—- ----------------------------------------------------------------- ----------------------------------------------------------------- This matter is on your consent agenda at the request of the Applicant who seeks a 90-day extension for the 180-day recordation requirements as set forth in Section 24-7-906 of the Aspen Municipal Code. If approved, the new deadline to record the PUD Plan will be April 9, 1993. Council granted approval to the final PUD development plan for the Patterson Duplex project on July 13, 1992, per Ordinance No. 44. In accordance with the approval ordinance, the Final PUD Plan for the new duplex was to have been recorded by January 9, 1993. The applicant has been busy compiling the final building plan documents and missed the deadline by a few weeks. At a February 3, 1993 meeting with staff to go over the project "punch list", it became evident that the PUD Plan had not been recorded. Absent an extension in the recordation deadline, the PUD Plan cannot be recorded and the Applicant cannot receive a building permit. Prior to this recent discovery, the Pattersons were planning to submit their building permit application on or about February 12. Please refer to Dan Patterson's letter, Exhibit "A". The Planning Office supports the deadline extension. The Applicant has been working with City staff on the form of the Final PUD Plan. It is expected that its recordation can take place within a few days of Council's approval of the extension resolution. Resolution # Exhibit "A" - Extension Request by Dan Patterson q Jr c Council B�thibit A oved 19 By Ordinaye- D A-k 91 M I f}5 WA Ttf Ii '5 OF Tr ,r �iQ,p l.ti C 4 -#--,wf 4 &OPROv4-L. RF co4R91,v A Ttf K P4-" 7L 70W F" f J w F w rCC i ) 5v 6•n i -r A- F1 a a,t TOP ptH-p I✓C 7-Zl"IV ,J86 L>4-7S C/N C,,j6v t,.V fe t Imo. �iaV J S IT'S. PVT- To $xTYwSiV fC,AN �i24oA-�h--TtON f�� vn c T S L O Tvl t S D Y R DU �v � h�j s E✓G[�-L Gv�UiKS U/ff.. vovc.D Z.IKT- T-0 �CQU�S i J� �TK6 Tlv� T161V5 !O al +fir O rG t16 Otl�JS 0,5 - t) P�uYi (1&/'fit e T vrt PGg7./ 5 GAL A//W-L4 •'9-'TAr- •?avOr— UJVP Lit-S r*-ri nC u h oAI TK I S .5'1*CS 0001*" . �,/ M �: TO: THRU: 0 MEMORANDUM Mayor and Council Amy Margerum, City Diane Moore, City Manager Planning irectc� FROM: Leslie Lamont, Planning RE: Text Amendment for Sections 24-7-902, Planned Unit Development - Second Reading of Ordinance 42, Series of 1992 DATE: July 13, 1992 SUMMARY: The Planning and Zoning Commission recommends approval of a text amendment to amend Section 24-7-902 (PUD Review) to delete a duplex from required PUD development review. PREVIOUS COUNCIL ACTION: In 1990 the City Council directed staff to eliminate the necessity for a duplex to go through the two-step Planned Unit Development review process as required by the Land Use Code. Council approved Ordinance 42, Series of 1992 at first reading June 8, 1992. BACKGROUND: In 1990, staff was directed to reduce the development review burden for a residential duplex by eliminating the PUD review requirement. Currently the development of a duplex on a parcel with a mandatory PUD overlay must go through a two-step PUD review process. Council and staff have concluded that no public benefit is gained through this level of review for a duplex structure. However, additional review may be required depending upon parcel location, whether Ordinance 1 is applicable or other development considerations e.g. 8040 Greenline Review, Stream Margin Review etc. Similarly, this text amendment is consistent with the Planning Department's goal to simplify the land use review process and eliminate those development review that are unnecessary. CURRENT ISSUES: The following text amendment is proposed: (bold indicates proposed language): I. That Article 7, Division 9, Section 24-7-902 of the Municipal Code shall be amended to read as follows: Section 7-902 Applicability. Before any development shall occur on land designated planned unit development (PUD) on the official zone district map or before development can occur as a planned unit development (PUD), it shall receive PUD approval pursuant to the terms of the division, provided that in no event shall compliance with this division be required for the construction of a single detached or duplex residential dwelling on a separate lot. All land with a planned unit development (PUD) designation shall also be designated with an underlying zone district designation which is determined most appropriate for that land. A development application for a planned unit development may be applied for by the property owners of any proposed development in the City of Aspen that is on a parcel of land greater than twenty-seven thousand (27,000) square feet. A planned unit development (PUD) designation may be applied to land intended for residential, commercial, tourist or other development purposes. II. Applicable Review Criteria: The review criteria for a text amendment is attached to this memo, Exhibit B RECOMMENDATION: The Planning and Zoning Commission recommends to Council approval of this Code Amendment to Section 24-7-902 of the Municipal Code finding that the proposed Code Amendment is not in conflict with the Land Use Code or public interest. PROPOSED MOTION: "I move to approve Ordinance 42, Series of 1992 on second reading." CITY MANAGER'S COMMENTS: ATTACHMENT: A. Ordinance 42, Series of 1992 B. Review Criteria 2 • • EXHIBIT B Pursuant to Section 7-1102 the following standards of review apply for a text amendment: a. Whether the proposed amendment is in conflict with any applicable portions of this chapter. Response: The proposed amendment is not in conflict with any portions of this chapter. b. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Response: The Aspen Area Comprehensive Plan does not specifically address this type of code amendment. However, the 1992 Draft Community Plan proposes to de-emphasize regulation of residential development. The Housing Sub -committee has recommended that the regulations be more user friendly to reduce development costs. C. Whether the proposed amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. Response: This text amendment will not eliminate other required development review that may apply to duplex and single family residential development alike. Most areas of town that are zoned with a PUD overlay are adjacent to water ways, on steep slopes or above the 8040 Greenline which require a separate review for these Environmentally Sensitive Areas. d. The effect of the proposed amendment on traffic generation and road safety. Response: The amendment will not affect traffic or roads. e. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Response: The proposed amendment will not affect the demand on public facilities or cause a negative impact on the capacity of the community's facilities. f. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Response: Potential environmental impacts would be assessed on a site by site basis (e.g. stream margin, 8040 Greenline) by a separate review independent of a required PUD review. • • g. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Response: A recent legal interpretation by the City Attorney determined that the slope density reduction criteria in the PUD review section of the Land Use Code cannot reduce the density from a duplex to a single family home if a duplex is a permitted use on the site. The elimination of a required PUD review for a duplex will not result in a structure that would not otherwise be allowed on a parcel with a pre-existing development right. However, other reviews would still pertain, for example a stream margin review or 8040 Greenline review. h. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Response: This is a text amendment that will affect all duplex development on parcels with a PUD overlay. i. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. Response: The amendment is consistent with recent Council goals to reduce redundant development review. Ia:W03111AZIN110 TO: Mayor and Council THRU: Amy Margerum, City Manage Vv THRU: Diane Moore, City Planning Direct �J FROM: Kim Johnson, Planner DATE: July 13, 1992 RE: Patterson Duplex Final PUD Development Plan and Subdivision Exemption for Condominiumization - Second Reading of Ordinance 44, 1992 SUMMARY: The Applicant (Mark Patterson and family) is seeking Final PUD Plan and condominiumization approval for a major expansion and reconfiguration of the existing duplex located at 580 Cemetery Lane. The property has a PUD overlay which requires projects to receive review and approval by City Council upon recommendation by the Planning and Zoning Commission. On May 5, 1992, the Planning and Zoning Commission voted 6-0 to recommend approval of the Final PUD with conditions. The Commission also approved Conditional Use for an accessory dwelling unit for the duplex. PREVIOUS COUNCIL ACTION: First reading was held and approved on June 22, 1992. BACKGROUND: A Final PUD Development Plan approval was granted in 1990 when the existing duplex was created from a single family residence owned by the Patterson family. The limited nature of the external changes of this conversion allowed the Planning Director to approve the Final PUD Plan. Under the PUD amendment review criteria in the land use regulations, the current proposal is considered by staff to be substantial and should receive approval by City Council. Please see Exhibit "A" for existing and proposed site plans and proposed elevations. Portions of the Patterson family will occupy the two halves of the duplex as well as the recently approved accessory dwelling unit. The Applicant intends to deed restrict the new half of the duplex to resident occupancy instead of paying the affordable housing impact fee required of condominiumization. CURRENT ISSUES: This is the last duplex to be processed under PUD regulations as Council is concurrently reviewing a code amendment to remove this requirement from the land use regulations. Since the Applicant also requested Condominiumization of the duplex 1 through City Council, is was decided that it would be appropriate to process a PUD Plan amendment at the same time in case the text amendment was not approved. Please see Exhibit "B" for the review criteria and staff responses for PUD and Condominiumization. Exhibit "C" contains referral comments from Engineering and Environmental Health. The Planning Commission recommends approval of the proposed Final PUD Plan for the duplex by a 6-0 vote with the following conditions: 1. Prior to the issuance of any building permits, a site drainage plan (prepared by a registered engineer) which meets the requirements of Section 24-7-1004 C.4.f must be submitted to and approved by the Engineering Department. 2. Hay bales or other techniques shall be employed during construction in order to prevent erosion of the hillside, and a debris fence shall be installed during construction to prevent damage to existing vegetation outside of the work area. 3. The Final PUD Plan and condo plat shall indicate a 41x4' utility pedestal easement. No utility pedestals shall be installed in the public right-of-way. 4. Prior to signing of final plat, or prior to final inspection of the construction, the applicant shall construct an unobstructed sidewalk area as approved by the City Engineer and shall sign a sidewalk, curb and gutter construction agreement. 5. A Final PUD Plan (including building elevations) and PUD Agreement shall be submitted to the City, approved as to form by the City Attorney, and filed with the Pitkin County Clerk and Recorder within 180 days of approval. Any revisions to the recorded development plan shall be processed through the Planning Office. Additional conditions proposed by staff for condominiumization should read as follows: 6. Prior to the sale of either unit, a condominium plat must be recorded which meets the requirements of Section 24-7-1004 D of the Municipal Code. 7. Prior to recordation, the Applicant needs to submit for the Engineering Department's approval two copies of a final plat. 8. The applicant must submit to the City Attorney's office for approval a Subdivision Exemption Agreement describing the 2 L_J terms of this exemption. This Agreement must be filed with the Pitkin County Clerk and Recorder concurrently with the condominiumization plat. 9. Rental of either unit shall be restricted to 6 month minimum leases, with no more than 2 shorter tenancies per year. 10. Prior to the Planning Director signing the final plat for condominiumization, the Applicants shall file a deed restriction to Resident Occupancy for the new unit which must be approved by the Housing Office and recorded with the Pitkin County Clerk and Recorder. A copy of the recorded deed restriction must be forwarded to the Planning Office. In lieu of filing a deed restriction the Applicant shall pay an affordable housing fee to the City Finance Department and shall forward a copy of the payment receipt to the Planning Office. FINANCIAL IMPLICATIONS: None are anticipated. RECOMMENDATION: The Planning Commission recommends approval of the Final PUD Development Plan with conditions. The Planning Office recommends approval of condominiumization with conditions. ALTERNATIVES: Council could choose to deny one or both of the requests. PROPOSED MOTION: "I move to approve the Patterson Duplex Final PUD Development Plan and Condominiumization. "I move to have second reading of Ordinance 44, 1992." CITY MANAGER COMMENTS: Ordinance 44, 1992 Exhibits: "A" Site Plans, Elevations "B" PUD and Condominiumization Review Standards and Planning Response "C" Referral Comments 3 • " �,' City Council Ezbibit___, Approved 1� By Ordinance Patterson Duplex Final PUD Development Plan and Condominiumization June 22, 1992 FINAL PUD DEVELOPMENT PLAN: Section 7-903 describes the development review process for projects with PUD designation. The General Requirements are: a. The proposed development shall be consistent with the Aspen Area Comprehensive Plan. b. The proposed development shall be consistent with the character of existing land uses in the surrounding area. C. The proposed development shall not adversely affect the future development of the surrounding area. d. Final approval shall only be granted to the development to the extent to which GMQS allotments are obtained by the applicant. This proposed duplex complies with the above requirements. It is consistent with land uses in the neighborhood, applicable zoning regulations, and will not affect future development in the area. The Land Use Code lists many design and functional elements to be considered at Final Review. Due to the limited scope of duplex development, many items on this list do not apply. The following is a synopsis of the details which are affected by this proposal: Land Uses: The duplex use complies with the R-30 permitted uses. The applicants recieved from the Planning Commission Conditional Use approval for a 624 s.f. accessory dwelling unit, which will comply with size and deed restriction requirements. Dimensional Requirements: Prior to a detailed plans check by the Zoning staff, it appears that this plan complies with setbacks, heights, and floor area requirements. These items will be reviewed by Zoning upon submittal for Building Permit. The size of the structure will be approximately 7,328 s.f. Allowable duplex size for this R-30 parcel (including 250 s.f. FAR bonus for the above grade ADU) is 7,397 s.f. Parking: The new duplex unit is proposed to be three bedrooms. The ADU will be a studio style unit. The remaining half of the duplex will be 3 bedrooms. Two -car garages and two exterior parking spaces are indicated on the site plan for a total of six spaces. This complies with minimum zone district requirements. Landscape Plan: The applicants are committed to retaining the existing landscape and garden area on the east side of the current structure. This area will separate the two wings of the duplex and act as buffer space. 1 Architectural Site Plan: The Code reads that "building design should minimize disturbance to the natural terrain and maximize the preservation of existing vegetation...". The Applicant has made an effort to retain the grade of the slope below the existing structure. The two duplex units are connected by common garage walls, which meets zoning requirements. SUBDIVISION EXEMPTION FOR CONDOMINIUMIZATION Pursuant to Section 24-7-1007 A.1, condominiumization of residential units requires 6 month minimum leases, payment of an affordable housing impact fee or the provision of employee housing. Unit 1 provides an accessory dwelling unit which must be deed restricted prior to issuance of the building permit for Unit 2. For the proposed 3 bedroom Unit 2, the Applicant has indicated that the unit will be deed restricted to resident occupancy rather than pay a housing impact fee of $8,050. The restriction on Unit 2 can only be lifted by the Applicant in the future by the payment of the applicable impact fee in effect at that time. The Applicant has addressed the requirements for condominiumization as follows: 1. Written notice to tenants of condominiumization, giving tenants first right of refusal to purchase their unit. Response: There are no tenants on the property other than Patterson family members who will occupy the duplex and accessory dwelling. 2. R-30 restriction of rentals to 6 month minimum leases, with no more than 2 shorter tenancies per year. Response: The deed restrictions will be require rentals to be 6 month minimums in length. 3. Acknowledgement of the Affordable Housing Impact requirements: Response: The Applicant understands that he must either deed restrict the unit to Resident Occupancy or pay the housing impact fee calculated to be $81050 for the new 3 bedroom unit. The Applicant is choosing at this time to deed restrict Unit 2. The original half of the duplex (Unit 1) has an accessory unit already approved, so housing mitigation is not required. 4. Required inspection by the Building Department: Response: The new unit must pass final inspection before it can be occupied. 2 • n L-A MEMORANDUM TO: Planning and Zoning Commission FROM: Kim Johnson, Planner RE: Patterson Duplex PUD Final Development Plan and Conditional Use for an Attached Accessory Dwelling Unit - Public Hearing DATE: May 5, 1992 SUMMARY:. The Planning Office recommends approval of the Patterson Duplex Final PUD Plan and Conditional Use for an attached accessory dwelling unit with conditions. APPLICANT: Dan Patterson, represented by Don Huff LOCATION: 580 Cemetery Lane (Lot 2 Castle Creek Subdivision) The lot is 54,256 s.f., extending from Cemetery Lane down to Castle Creek. ZONING: R-30 PUD APPLICANT'S REQUEST: The applicant requests Final PUD approval for expansion of a duplex and Conditional Use for the voluntary creation of an accessory dwelling unit. A duplex currently exists on the site. The applicant wishes to expand the structure and reconfigure the internal layout so that the new expansion becomes one unit of the duplex and a portion of the existing building becomes an accessory dwelling unit. The accessory dwelling unit will be approximately 642 s.f. Because the ADU is 100% above grade, the applicant is eligible for, and is seeking a FAR bonus of 250 s.f. for the principal structure. The total FAR for the proposed building will be approximately 7,328 s.f. The applicant has submitted plan and elevation drawings. See Attachment "A". PROCESS: This PUD review is a two-step process. The Planning Commission shall make a determination on the Conditional Use for the accessory dwelling unit and shall forward a recommendation to City Council on the Final PUD Plan. Council will then approve or deny the PUD Plan as well as the request for condominiumization of the duplex. REFERRAL COMMENTS: Complete referral memos are attached as Exhibit "B". Environmental Health: The new half duplex has two fireplaces shown on the plans. These may only be gas log units. Engineering: Chuck Roth has reviewed the proposal and forwards the following comments: 1) Site Drainage must comply with Section 24-7-1004 C.4.f. of the Municipal Code. Historic on -site drainage shall be maintained. Roof and other drainage cannot be discharged on to the hillside causing erosion. Storm drainage during construction should be controlled with haybales to prevent erosion and disruption of vegetation. 2) The Final Plan must clearly indicate the size and location of parking spaces. 3) In order to protect vegetation, construction activities could be restricted to building footprint with use of fencing. 4) Cemetery Lane is identified as a primary commuter route in the Pedestrian Bikeway Plan. The property owner should construct a sidewalk area (not required to be paved), the design of which approved by the Engineering Department. Some small trees may need to be removed. The improvement should be in place prior to signing the final inspection or final plat for condominiumization. Also, a curb, gutter, and sidewalk agreement must be signed by the applicant for future improvements. 5) Any work in the public right-of-way must be reviewed by Engineering and receive permits from the Streets Department. 6) A 41x4' pedestal easement must be indicated on the plat. STAFF COMMENTS: In the summer of 1990, the Patterson's received a Planning Director's approval to expand a single family dwelling into a duplex and to establish a Final PUD Plan, as there was not one existing prior to that time. The current request will amend the Final PUD Plan and will require filing of the new site plan. The Pattersons wish that the duplex be condominiumized. Council will hear this request when they consider the PUD Plan amendment. In 1990, staff processed a PUD Plan proposed for a duplex on Park Ave. At that time, the City Council expressed that it was excessive to require duplexes to go through a two-step review for PUD. They instructed staff to look into removing this requirement from the Land Use Code in the same manner that single family homes are exempt from PUD review. The Patterson application has triggered staff to concurrently process a code amendment exempting duplexes from PUD requirements. This code amendment is being presented to P&Z and Council under a separate memo and ordinance. FINAL PUD DEVELOPMENT PLAN: Section 7-903 describes the development review process for projects with PUD designation. The General Requirements are: 2 a. The proposed development shall be consistent with the Aspen Area Comprehensive Plan. b. The proposed development shall be consistent with the character of existing land uses in the surrounding area. C. The proposed development shall not adversely affect the future development of the surrounding area. d. Final approval shall only be granted to the development to the extent to which GMQS allotments are obtained by the applicant. This proposed duplex complies with the above requirements. It is consistent with land uses in the neighborhood, applicable zoning regulations, and will not affect future development in the area. The Land Use Code lists many design and functional elements to be considered at Final Review. Due to the limited scope of duplex development, many items on this list do not apply. The following is a synopsis of the details which are affected by this proposal: Land Uses: The duplex use complies with the R-30 permitted uses. The applicants also request Conditional Use approval for a 624 s.f. accessory dwelling unit, which will comply with size and deed restriction requirements. Dimensional Requirements: Prior to a detailed plans check by the Zoning staff, it appears that this plan complies with setbacks, heights, and floor area requirements. These items will be reviewed by Zoning upon submittal for Building Permit. The size of the structure will be approximately 7,328 s.f. Allowable duplex size for this R-30 parcel (including 250 s.f. FAR bonus for the above grade ADU) is 7,397 s.f. Parking: The new duplex unit is proposed to be three bedrooms. The ADU will be a studio style unit. The remaining half of the duplex will be 3 bedrooms. Two -car garages and two exterior parking spaces are indicated on the site plan for a total of six spaces. This complies with minimum zone district requirements. Landscape Plan: The applicants are committed to retaining the existing landscape and garden area on the east side of the current structure. This area will separate the two wings of the duplex and act as buffer space. Architectural Site Plan: The Code reads that "building design should minimize disturbance to the natural terrain and maximize the preservation of existing vegetation...". While the applicant has made an effort to retain the grade of the slope below the 3 existing structure. The two duplex units are connected by common garage walls, which meets zoning requirements. The Final PUD Plan will be accompanied by the elevation drawings. These plans and elevations become part of the project approval and cannot be changed without approval through the Planning Office. CONDITIONAL USE FOR ATTACHED ACCESSORY DWELLING UNIT: The Commission has the authority to review and approve development applications for conditional uses pursuant to the standards of Section 7-304: A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located. RESPONSE: This proposed unit will allow the property to house a local employees in a residential area, which complies with the zoning and Aspen Area Comprehensive Plan. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. RESPONSE: The accessory dwelling use is compatible with the other residential uses in the surrounding neighborhood. The unit will not be visible as a distinct unit from the exterior of the duplex. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. RESPONSE: The accessory unit will be completely contained within Unit 1 of the proposed duplex. Four garage spaces and two exterior spaces are shown on the plan. Unit 1 will contain 3 bedrooms. Unit 2 will contain 3 bedrooms. A parking space is not required by code for a studio accessory unit, but there is adequate room on the site to designate on space for ADU parking. The unit will have two exterior doorways and no interior access. As per past P&Z concerns, a recommended condition of approval requires that the unit be identified on building permit plans as a separate dwelling unit requiring compliance with U.B.C. Chapter 35 for sound attenuation. No other significant impacts are anticipated. 4 D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. RESPONSE: All public facilities are all ready in place for the duplex home and neighborhood. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. RESPONSE: The proposed deed restricted unit is voluntary and will satisfy the Ordinance 1 requirements for duplex development. The applicant must file appropriate deed restrictions for resident occupancy, including 6 month minimum leases.' Proof of recordation must be forwarded to the Planning Office prior to issuance of any building permits. F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. RESPONSE: This use complies with the Aspen Area Comprehensive Plan and any other applicable conditional use standards. Please Note: As this accessory dwelling unit is 100o above grade, the main structure is eligible for floor area bonus as allowed by Ordinance 1. STAFF RECOMMENDATION: Planning recommends approval of the Patterson Duplex Final PUD Development Plan and Conditional Use for an above -grade, 624 s.f. accessory dwelling unit with the following conditions: PUD• 1.. Prior to the sale of either unit, a condominium plat must be filed which meets the requirements of Section 24-7-1004 D of the municipal code. 2. Prior to signing the final plat, a site drainage plan meeting the requirements of Section 24-7-1004 C.4.f and be prepared by a registered engineer must be provided and constructed. 3. Hay bales or other techniques shall be employed during construction in order to prevent erosion of the hillside, and a debris fence shall be installed during construction to prevent damage to existing vegetation outside of the work area. 5 4. The final plat shall indicate a 41x4' utility pedestal easement. No utility pedestals shall be installed in the public right-of-way. M/ 5. Prior to signing of final plat, or prior to final inspection of the construction, the applicant shall constructv�r-proVi-de r n&id1 " ssuralices for constructing a'. ,5'' Taida sidewalk area as approved by the City Engineer and shall sign a sidewalk, curb and gutter construction agreement. 6. A Final PUD Plan (including building elevations) and PUD Agreement shall be submitted to the City, approved as to form by the City Attorney, and filed with the Pitkin County Clerk and Recorder within 180 days of approval. Any revisions to the recorded development plan shall be processed through the Planning Office. Conditional Use for ADU: 7. The owner shall submit appropriate deed restrictions to the Aspen/Pitkin County Housing Authority for approval. The accessory dwelling unit shall be deed restricted to resident occupancy with minimum 6 month leases. Upon approval by the Housing Authority, the Owner shall record the deed restrictions with the Pitkin County Clerk and Recorder's Office. 8. Prior to issuance of any building permits a copy of the recorded deed restrictions for the accessory dwelling units must be forwarded to the Planning Office. 9. One parking space shall be provided on -site for the accessory dwelling unit. 10. The ADU shall be clearly identified as a separate dwelling unit on Building Permit plans and shall comply with U.B.C. Chapter 35 sound attenuation requirements. 11. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission and City Council shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "`Imove to recommend to City Council approval �_ of the Patterson DupleXFinal PUD Development Plan with conditions �p numbered 1-6;-i-n Planning e memo dated 5/5/92. I also move to approve the nditional Us for a 624 s.f. attached accessory dwelling unite f�q erson Duplex at 580 Cemetery Lane with M conditions numbered 7-11 recommended in the Planning Office memo dated 5/5/92. Exhibits: "A" - Proposed Final PUD Plan, Floorplans, Elevations, and ADU Detail Floorplan "B" - Complete Referral Memos paUemon.pud.memo 7 ` • •_ .•.< ••� ••+ 0Tw0 R.fTIC CAP A •, --Ell YOwUYCMT + .m •^ •"' LOT DOVYD..T i COPLASTIC CAI w r ,.<•.,w w x<•x, u .•• FI COONS.N[e F[S_ 131. NT • xn / f. OY .A, E.0.02' C + w. • .aws• •.+.w.• • <\. '1 �. a •r r. ••x .•.n xaw .w•+..< FAO A, ` 41 f r• wu• •w m<. wrn TOP 0/ OPI OF SATE f S. tl'I � ww .. n nx .x .. ww •.a . TOP FOUND PLASTIC C.P ••• r. .•w rs toe CASTLE. O CNE..ONu.E. - s �w .• . `n CASE. yl• ..e4[0'!d•NSON .0,.- • • e'w • ale f. C.n, AIS a `O\ LOT 3 ° f.. tis L11 e R .'. COOPS PLASTIC CAP �• L I l^e CODNeII 2F YONVYtYr Yu4t0'JpVgpl roM• - 2 .• 1.. 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LIB ) A�EIJ � (0: __ " Tdr� 1-114-514.1 UVIN& 5a2.c 25,331 (�c�T) A shU a FLU- P � fva toil FLU- �24'S5t 2 , Sq 0 r- II z -T- 7D ri ID ar. J 1A x • PLANNING&ONING COMMISSION EXHIBIT �� , APPROVED , 19 BY RESOLUTION MEMORANDUM To: Kim Johnson, Planning Office From: Chuck Roth, City Engineer Date: April 16, 1992 Re: Patterson Final PUD, Condominiumization & Conditional Use for an Accessory Dwelling Unit Having reviewed the above referenced application, and having made a site inspection, the engineering department has the following comments: 1. Site drainage - Site drainage is required to meet Section 24-7-1004 C.4.f of the municipal code. No storm runoff is permitted to enter the irrigation system. The site drainage plan must provide for no more than historic flows to leave the site, particularly regarding possible drainage onto Cemetery Lane. The plan must also provide that roof and other drainage not be discharged onto the hillside and cause hillside erosion. Construction activities should be protected, as with hay bales for example, so that storm runoff during construction is not conveyed to Castle Creek and so that the hillside and its native vegetation are not subjected to erosion. 2. Parkin - The final plat must clearly indicate the size and location of parking spaces. 3. Existing ve etg ation - It is suggested that construction procedures be restricted to minimizing disturbance to hillside vegetation. Construction activities could be restricted to the building footprint. It is suggested that fencing be provided during construction so that no debris or excavation spills damage existing vegetation. 4. Pedestrian Bikeway Plan - The system map on page 1-20A indicates Cemetery Lane as a Primary (commuter) route. Currently there are no sidewalks on Cemetery Lane, but pedestrian areas are definitely needed. Therefore it is our recommendation that the property owner be required to construct a sidewalk area in all regards except the installation of the concrete, which could be done if the property owner so desired. The sidewalk area design would need to be approved by the engineering department. It should not be directly adjacent to the pavement lest it become utilized for parking. The removal of some small caliper trees may be needed and others pruned up to 7' above the walking area to permit pedestrian use of the space. The design would need to be approved by the engineering department. The pedestrian improvement would need to be in place prior to signing of the final plat, or prior to the final inspection for the new construction, or financial assurances could be provided for work to be done at a later time. There is also no curb and gutter on Cemetery Lane. The applicant will need to sign a sidewalk, curb and gutter construction agreement. 5. Given the continuous problems of unapproved work and development in public rights - of -way, we would advise the applicant as follows: The applicant shall consult city engineering (920-5080) for design considerations of development within public rights -of -way and shall obtain permits for any work or development within public rights -of -way from city streets department (920-5130). Recommended Conditions of Approval 1. Prior to the sale of either unit, a condominium plat must be filed which meets the requirements of Section 24-7-1004 D of the municipal code. 2. Prior to signing the final plat, a site drainage plan meeting the requirements of Section 24-7-1004 C.4.f and be prepared by a registered engineer must be provided and constructed. 3. Hay bales or other techniques shall be employed during construction in order to prevent erosion of the hillside, and a debris fence shall be installed during construction to prevent damage to existing vegetation outside of the work area. 4. The final plat shall indicate a 4'x4' utility pedestal easement. No utility pedestals shall be installed in the public right-of-way. 5. Prior to signing of final plat, or prior to final inspection of the next construction, the applicant shall construct or provide financial assurances for constructing a 5' wide sidewalk area as approved by the City Engineer and shall sign a sidewalk, curb and gutter construction agreement. 6. The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right-of-way. cc: Bob Gish, Public Works Director M92.132 aASPEN*PITKIN i ENVIRONMENTAL HEALTH DEPARTMENT APR 2 2 To: Kim Johnson, Planning Office From: Environmental Health Department Date: April 22, 1992 Re: Patterson Final PUD, Condominiumization & Conditional Use For an Accessory Dwelling Unit Parcel ID # 2735-122-06-008 The Aspen/Pitkin Environmental Health Department has reviewed the above -mentioned land use submittal for the following concerns. The authority for this review is granted to this office by the Aspen/Pitkin Planning Office as stated in Chapter 24 of the Aspen Municipal Code. SEWAGE TREATMENT AND COLLECTION: The applicant has agreed to serve the project with public sewer as provided by the Aspen Consolidated Sanitation District. In fact the existing portion of the proposed structure is already connected to the sewer line. This conforms with Section 1-2.3 of the Pitkin County Regulations On Individual Sewage Disposal Systems policy to "require the use of public sewer systems wherever and whenever feasible, and to limit the installation of individual sewage disposal systems only to areas that are not feasible for public sewers". ADEQUATE PROVISIONS FOR WATER NEEDS: The applicant serves the project with water provided by the Aspen Water Department distribution system. This conforms with Section 23-55 of the Aspen Municipal Code requiring such projects "which use water shall be connected to the municipal water utility system". AIR QUALITY• Current regulations allow each half of a duplex (of this size) to have a maximum total of two devices; either two gas log fireplaces or one gas log fireplace and one certified woodstove. This property had its fireplace registered, according to the requirements of City of Aspen Ordinace 88-20. The new half -duplex, unit 2 has two fireplaces shown on the plans and these must both contain and be used only with gas logs. 130 South Galena Street Aspen, Colorado 81611 303/920-5070 r yc/ed papa • T&e location of this dwelling close to city facilities and on the bus route, provides the potential for the residents to get to downtown without using a car. 0 ASPEN#PITKIN i ENVIRONMENTAL HEALTH DEPARTMENT I. 22 I.,IW- col a.1►1�i1ui To: Kim Johnson, Planning Office From: Environmental Health Department Date: T April 22, 1992 Re: Patterson Final PUD, Condominiumization & Conditional Use For an Accessory Dwelling Unit Parcel ID # 2735-122-06-008 The Aspen/Pitkin Environmental Health Department has reviewed the above -mentioned land use submittal for the following concerns. The authority for this review is granted to this office by the Aspen/Pitkin Planning Office as stated in Chapter 24 of the Aspen Municipal Code. SEWAGE TREATMENT AND COLLECTION: The applicant has agreed to serve the project with public sewer as provided by the Aspen Consolidated Sanitation District. In fact the existing portion of the proposed structure is already connected to the sewer line. This conforms with Section 1-2.3 of the _Pitkin County Regulations On Individual Sewage Disposal Systems policy to "require the use of public sewer systems wherever and whenever feasible, and to limit the installation of individual sewage disposal systems only to areas that are not feasible for public sewers". ADEQUATE PROVISIONS FOR WATER NEEDS: The applicant serves the project with water provided by the Aspen Water Department distribution system. This conforms with Section 23-55 of the Aspen Municipal Code requiring such projects "which use water shall be connected to the municipal water utility system". AIR QUALITY• Current regulations allow each half of a duplex (of this size) to have a maximum total of two devices; either two gas log fireplaces or one gas log fireplace and one certified woodstove. This property had its fireplace registered, according to the requirements of City of Aspen Ordinace 88-20. The new half -duplex, unit 2 has two fireplaces shown on the plans and these must both contain and be used only with gas logs. 130 South Galena Street Aspen, Colorado 81611 303/920-5070 recycled paper • TDe location of this dwelling close to city facilities and on the bus route, provides the potential for the residents to get to downtown without using a car. 1L'L'.L7�CIiMlT1T 1 �-- ��.-------� &AND USE APPLICATION MRM • �� C., cc . c 1 n r 1) Project Name THE PATTERSON RESIDENCE 2.) Project Location 580 Cemetery Ln. , Aspen, CO 81611 � 6 Lot 2, Castle Creek Subd.,Pitkin Count`du ( indicate street address, lot & block number, legal description } appropriate) 3) Present 'Zoning R- 3 0 (PUD) 4) Lot Size 5 4, 2 S 6 s. f. 5) Applicant ` s Name, Addre.:as & Phone i# Dan Patterson 530 Cemetery Ln.,Aspen,CO 81611 (619) 759-1202 6) Representative's Name., Address & Phone # D o n H u f f P.O. Box 3312, Aspen, CO 81612 (303) 925-4718 7) Type of Application (please chock an that apply) - XX Conditional Use CcocepWal SPA _ Special Review 8040 Greenline Stream Margin Mountain View Plane lot Split,/IcOt Lime Adjustment Final SPA Cbnoeptz�al PUD XX Final PUD Subdivision Text,/Map Anr-ndran, Conceptual Historic. Dev. Final historic Dev. Minor Historic Dev. Historic Deolit ion Historic Designation 8) Description of FKi st-i ng Uses (r�r and type of existing stnicturns; approximate sq. :Et.; rxmber of bedLocuis; any previous approvals granted to the. p') - Existing duplex residence, partial (2) storey wl basement (4) existing bedrooms, exist. floor area = 2,758s.f. + 480s.f. garage Granted PUD approval in 1990 for a 1,311s.f. add'n. + 480s.f. garage 9) Description of Development Application It is intended to add a second living unit to the property, allowing the creation on an Accessory Dwelling Unit, the Owner also intends to condominiumize the property at this time. 10) Have you attached the following? XX Resp�e to Attaciment 2, MUUl ma lion Contents XX Resp�se to Attachment 3, Specific Submission Contents XX Response to 1,ttadm nt- 4, R: view Standards for Your Application • March 12, 1992 Kim Johnson Planner City of Aspen 130 S. Galena St. Aspen, CO 81611 Re : Patterson Development Application 580 Cemetery Ln. Aspen, CO 81611 Dear Kim ; The following general information is pertaining to the Development Application for our proposed duplex addition. This letter shall also constitute our authorized repre- sentitives, Don Huff and Mark Patterson, to act in our behalf in this process. Attachment 2 l.Applicant Dan Patterson 580 Cemetery Ln. Aspen, CO 81611 (619) 759-1202 Representative: Don Huff P.O.Box 3312 Aspen, CO 81612 (303) 925-4718 2.Address 580 Cemetery Lane City of Aspen Pitkin County Colorado, 81611 Legal Lot 2 Castle Creek Subd. Aspen, Colorado I appreciate your help in the process. Please call if I can be of any assistance. Sincerely, Patterson development systems construction management • architects • planners PROJECT NAME The.'Patterson Residence LOCATION 580 Cemetery Ln., Aspen, C0,81611 Attachment 2. 5. This proposed addition will constitute the final 'build -out' on the Patterson Property, located at 580 Cemetery Ln, Aspen,.Colorado. It is the intent of the Owner to add a second living unit to the property, while converting an existing unit to an Accessory Dwelling Unit (ADU). This total development will provide a duplex consisting of (2) living units and an resident occupied ADU as.defined by current land use regulations. It is also proposed to.condominiumize the property at this time. The physical means of attachment shall occur through connecting garages. Unit One of the duplex will convert an existing garage into .li.ving'space, and build a new (1) car garage to the unit. ( refer. to Site Plan, Sht.A-1). Unit Two will provide a connecting (2) car garage to the existing garage at U4itt One. The proposed Unit Two will be built to the east of the existing structure. This will allow Unit Two to be built into the existing slope to the east. This configuration will maximize the views and exposure.for Unit Two, while at the same time, min- imize the impact on existing vistas and exposure to the ADU or to Unit One. ( Refer to Site Plan and Schematic Elevations.) The existing external floor area ratios for existing structures with the new congiguration are as follows: Unit One - 2,538 s.f. ADU 700 s.f.(max.) Total 3,238 s.f. The proposed Unit Two external floor area ratios are: Unit.Two - 2,766 s.f.-Main Level 1.400 s.f.-Lower Level(Egiv.) Total 4,166 s.f. (Equivalent) p.a. box 33 1 2 aspen, co. 8 1 6 1 2 3 0 3 / 9 2 5 . 4 7 1 8 development systems construction management • architects • planners Attachment 2.5.(cont'd.) Refer to Attachment 2.5a for ADU configuration. Refer to Attachment 2.5b for F.A.R. calculations. Unit Two consists of the main floor level at elevation 110'-0", contained at `his level are the master suite, diving area, dining, kitchen, breakfast nook, pantry, laundry and study. I..djacent to the main level is a (2) car garage C elevation 109'-0" The lower level floor elevation is at 100'-0". It contains two bedroom suites with baths, a family room area and storage areas. It is the intent of the Owner to keep intact the existing landscaped berm between the existing struc- ture and proposed Unit Two. This area will provide a buffer between the adjacent units. This will be preserved by the use of a railroad tie retaining structure east of the berm. This structure will also allow the new drive access to be constructed approx. 3' below existing grade. This feature allows both the drive and the dwelling unit to be built into the existing slope. ( Refer to Site Plan, sht.A-1.) Attachment 4 - Conditional Use Response 4,a. The proposed Unit Two addition is consistent with the Aspen Area Comprehensive Plan, and complies with all zoning criteria in the R-30 (PUD) zoned district. 4,b. This proposal is consistent with the existing neighborhood and immediate vicinity. 4,c. This proposal has minimum environmental im- pact on surrounding properties. 4,d. There are adequate public facilities and ser- vices to the property. 4,e. Not applicable 4,f. This proposal complies with all additional standards imposed by the creation of an A.D.U., and the ability to offer resident housing as per the Aspen Area Comprehensive Plan, i.e. Ordinance 1E 1 & 16 of the Aspen Land Use Regulations. p.a.bax 331 2 aspen, co. 81 61 2 3 0 3 / 9 2 5 . 4 7 1 3 0 0 -Q:--I�l EPY L-W • • development systems construction management • architects • planners Attachment 3b - Final PUD Development Plan 1.a.(2) This proposal complies with all dimentional and parking requirements of the R-30(PUD) zone district. (3) Public facilities are adequate to accomodate the proposed development. (4) It is anticipated to start construction in the spring of 1993, and to continue until the project is completed, approx. 180-270 days. p.a.box 331 2 aspen, co. 81 61 2 3 0 3 / 9 2 5 . A 7 1 8 • • `specific Submission Contents: Subdivision Exemption Application for Condominiumization Attachment 3. 1. See improvement survey of property indicating division of property (Condominium Map). 2.(a) It is a family project and the tenants are the owners. (b) Should the condominium units be rented in the future, leases would be restricted to a six month minimum. (c) The proposed condominiumization will have no adverse impact on the affordable housing as both existing units will remain occupied by employees of the community. Attachment 4. 1.(a) Purchase rights of existing tenants is non -applicable as the tenants are the owners. (b) It is understood that the minimum lease period of these units which are to be condominiumized shall be 6 months with no more than 2 shorter tenancies per year. (c) The applicant requests a waiver of the Affordable Housing Impact Fee by placing a permanent restriction on the unit that the unit will only be sold to or occupied by qualified employees. • • PUBLIC NOTICE RE: PATTERSON FINAL PUD AND CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 5, 1992 at a meeting to begin at 4:30 pm before the Aspen Planning & Zoning Commission, 2nd floor Meeting Room, 130 South Galena Street, Aspen, Colorado to consider an application submitted by Dan Patterson, represented by Don Huff, P.O. Box 3312, Aspen, CO 81612, requesting a Final PUD and conditional use review for an attached accessory dwelling unit. Property location: 580 Cemetery Lane. For further information, contact Kim Johnson at the Aspen/ Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920-5090. sJJasmine Tygre, Chairman Planning and Zoning Commission Published in The Aspen Times on April 16, 1992. ----------------------------------------------------------------- ----------------------------------------------------------------- City of Aspen Account Wevelopment s steps y construction management • architects • planners 1'YYt 3 O 1992 Attachment 2.5b - Patterson Residence, 580 Cemetery Ln., Aspen, Co. ALLOWABLE FLOOR AREA RATIO ( F.A.R.) Note : Calculations based on Chapter 24, Land Use Regulations, City of Aspen, Colorado, 1990 Section 5-205, Low -Density Residential (R-30) Total Lot Size ( After reductions ) = 54,256 s.f. Allow.F.A.R.= 50,000 = 7,020 s.f. + 3s.f. for ea.add'l. 100s.f. = 4,256/100 x 3 = 127 s.f. + A.D.U. Bonus 250 s.f. TOTAL ALLOWABLE F.A.R. = 7,397 s.f. PROPOSED FLOOR AREA RATIO Note : Unit One and A.D.U. calculations are based on existing structure ; Unit Two calculations are based on proposed construction, and take into account a reduction in FAR on the partial sub -grade Level One. Unit One - -?0' 33 (Existing FAR) - z-,-vie- s.f. + garage Unit Two (Equiv.FAR) Level 2 = 2,766 s.f. + garage Level 1 = 1,804 s.f. TOTAL PROPOSED F.A.R. = 7,328 s.f. p.o. box 33 1 2 aspen, co. 81 61 2 303/925.471 8 PUBLIC NOTICE RE: AMENDMENT TO THE TEXT OF THE CITY OF ASPEN LAND USE REGULATIONS, CHAPTER 24 OF THE ASPEN MUNICIPAL CODE NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 5, 1992 at a meeting to begin at 4:30 p.m. before the Aspen Planning & Zoning Commission, 2nd floor Meeting Room, 130 South Galena Street, Aspen, Colorado, amending City of Aspen Municipal Code Section 24-7-902 to exempt duplex development from PUD (Planned Unit Development) compliance. For further information, contact Leslie Lamont at the Aspen/Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920-5090. s/Jasmine Tygre, Chairman Planning and Zoning Commission Published in The Aspen Times on April 17, 1992. City of Aspen Account. April 8, 19i Edwin H. and Patricia L. Peterson 114 Si street. N�,.nrjr'0(?t, Illinois. 61354 April 8, 1992priI 8, 1992 :,oul; Robert. C. Camp C}iarif and Rita !:'ynthia A. Curlee 610 Ceme.t.e.ry Lan-. Post. Office CO-81611 Box 692 Aspen, A; -Pon, Colorado 81612 Crystal Palace Corporation Box. 32 Aspen, Colorado 81612 Dear Property Owner, April 8, 1992 ti,ara}1 R. Gulick Werner 510 Cemetery Lane Aspen, Colorado 81611 Notice is hereby given that a public hearing will be held on Tuesday, May 5, 1992 at a meeting to begin at 4:30 pm before the Aspen Planning & Zoning Commission, 2nd floor Meeting Room, 130 South Galena Street, Aspen, Colorado to consider an application submitted by Dan Patterson, represented by Don Huff, P.O. Box 3312 Aspen, Colorado 81612, requesting a Final PUD and conditional use review for an attached accessory dwelling unit. Property location: 580 Cemetery Lane. For further information, contact Kim Johnson at the Aspen/Pitkin Planning Office, 130 S. Galena St., Aspen, Colorado 920-5090. Sincerely, Aprl 8, 1992 Ne 1 igh C. Coate: Jr. 720 East Hyman Ave. Dan Patterson Asptri, Colorado 81611 j April 8, 1992 April 8 1992 April 8, 199' James G . Roush As, Trustee of Poush Trust. 2441 Evergreen Point Road Belle . Washington 98201 April 8, 1992 Robert, L. and Renne Duetsch Thomas S. and Betsy Starodo,' 605 Cemetery Lane P.O. Box, 2298 Bruce and Vyonnf� Th imp;_ .1n Aspen, Colorado 81611 Aspen, Colorado 81612 710 Cemetery Lane A2.pen, Colorado 81611 April 8, 1992 April 8, iggq C'arul Dale: Hall Pietro J. Dani.eli William and Patricia Sharp Box 964 P.O. Box 8630 Aspen, Colorado 81612 April 8, 1 ytiz April 8, 1992 April 8, 1992 Jackdel Corporation CIO Courshon & Courshon, Attorneys 301 41ST Street. Miami Beach, Florida 3:j14{-� April 8, 1992 Susan S. Carter Juseph Coeniac 14707 Kimberly Anneliese Hutt. Cosnia,, Ann Macs Houton, Texas 77079 200 Patter --.on 400 West. Main Sari Antonio, Texas 78209 Aspen, Colorado, 7�ZZ:- - 7-e -1 -* //�� c3�v! COl/v'eYC� c'1� ++�C•/e/�y �`c�t��ei 74, �To�•�i/d�/. C7f'r_ s+�4! %O / N•//'rs a /os ��Sf�% / o�CC�.Ho.�/.a.' Jam" /%4�iS 9 / ,`Opra�*j/Kr 't . /�//rCr_s2*sy 24, Tsc�h "�� /.��</�G/01/v» ��`�� Usf�itt�-, Cc� Or-��/vilere�is'.11' �=� TDrGh /sz cr�'�t•�' 6/-�5,.�/�;r,�f o � •Ircrrr .5% cl�o.. �` /70/c,kcc: � /�i-iiS�!t�Ph, %as6�.� �ki�7$ /�/-�/�/ 4�I�G/LLl Wi .i�L�°�� -CvIL/C,cL/l s*J't mil% 1CJ'///il L+�r'•�j//_tD✓ �CdIZCrA � c�.�!'�cYl 11 �t-p/�Lolrsrrr L'/O vLrJC�t /// %/L✓F/2L�Cf 4 �Y'/1C ram/ ��D CL/'a^��"�y�-Ltd �jJ•(JLX'//7zy�/c,/s �9� 7� ,C �o a,. �l S . p�c, �yt f Fl ra1,ca• >=, .�ttlt`Grso/7/ 4-.f %I7/.f/c�CS" p� ?� �c ,,�.��na� ' , /�•�1�ca-.s�� F/orr� ,F �f7Z�-s�� i �� .�L� 7r-Usk` ---- Reception No. ---- THIS DEED, Made this 2nd day of June 19 82 , between MARTHA H. GREWAL of the County of Flathead and State of Recorder. 1 I1,1NG STAMP �o C w a c-> m N � :�- �, 7u m T> C> a•_ � U M Montana m �0 r =fRaU! Tdb, of the first part, and LEONARD S . PATTERSON and FLORENCE H. PATTERF,5 m of P.O.Box 8979, Aspen, Colorado 81612 as to an undivided 85% interest as tenants in common; MARK WILLIAM PATTERSON of P.O.Box 8979, Aspen, 81612, as to an undivided 72% interest as tenant in common; and DANIEL EDWARD .,iARRe:r g; -ai$i-eus4s PATTERSON and SUSAN RANDALLPATTERSON of 2972 Grant Street, Concorc California 94520, as to an undivided 72% interest as tenants in common, =a-fiMe =eff- ray-vr- of the second part: WITNESSETH, That the said party'of the first part, for and in consideration of the sum of TEN DOLLARS ($10.00), and other good and valuable consideration P0*A_-k4t&, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the said party of the second part, his heirs and assigns forever, all the following described4at real p4goU. rty -,,f4-.s situate, lying and being in the County of Pitkin and State of Colorado, to -wit: All of lot 2 in Castle Creek Subdivision as shown on the plat recorded in the office of the County Clerk and Recorder for Pitkin County, as Document No. 102142, Ditch Book 2A at Page 177; subject to restrictions of record. also known as street and number 580 Cemetary Lane, Aspen, Colorado 81611 UATE 00 Vt: i ANY FEE J Lt N �} .......... TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise apper- taining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said party of the second part, his heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors, and admit istrators, does covenant, grant, bargain, and agree to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever., EXCEPT AS SET FORTH IN EXHIBIT A" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE. and the aboved bargained premises in the quiet and peaceable possession of the said party of the second part, his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the said patty of the first part has hereunto set his hand and seal the day and year first above written. [SEAL] ---. --- MARTHA H . GREWAL [SEAL] [SEAL] STATE OF COLORADO 5 ti. County of Pitkin The foregoing instrument was acknowledged before me this 2nd day of June 19 82 , } '� ,• NjP.$ i ..he% GREWAL , • , t,r r '.V plea �. `%� j / 190� .Witness my hand and official sea]. fily.sommission ek a No.932A. WARRANTYDEED. — Fur l'hoLorrmphicltecnrdBradford Publishing, 5165 West 44th Avenue, Golden, Colorado 80401—(303)278.0644-9.80 L% 0 4%r1 EXHIBIT "A" To that certain Warranty Deed executed by Martha H. Grewal conveying Lot 2, Castle Creek Subdivision to Leonard S. Patterson, Florence E. Patterson, Mark William Patterson, Daniel Edward Patterson and Susan Randall Patterson, dated: June 2, 1982. 1. General taxes for 1982, due and payable in 1983; 2. Rights of proprietor as reserved in United States patents of record; 3. Any and all ditch and water rights and all agree- ments regarding the same; 4. Terms, conditions, obligations and restrictions set forth in Covenants for Castle Creek Subdivi- sion recorded in Book 180 at Page 353 and in Book 180 at Page 399; 5. Water agreements recorded in Book 180 at Page 401, in Book 186 at Page 34, in Book 186 at Page 465, and in Book 246 at Pabe 395; 6. Rights of way and easements as reserved on Plat recorded in Plat Book 2A at Page 177; and amend- ment thereto recorded in Plat Book 2A at Page 241; 7. Any taxes, fees, charges or assessments by reason of the inclusion of the subject property in any special improvement district; 8.. SUBJECT to the terms and conditions of that certain Deed of Trust securing a promissory note payable to Jack C. Gossard and Esther L. Gossard recorded in Book 287 at Page 788, which the Parties of the Second Part have assumed and agreed to pay. ALL DOCUMENTS BEING RECORDED IN THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO. • • 4133908� :L './ci^/�a� :I.�;:41. Rec tD -�ci I_il::; 663 F""'[i 369 Silvis::. DaviEa, 1='itl-::in Cnty Clerl::, Doc EXEMPT FROM DOCUMENTARY FEE QUITCLAIM DEED LEONARD S. PATTERSON and FLORENCE E. PATTERSON, husband and wife, whose street address is 580 Cemetery Lane, Town of Aspen, County of Pitkin, and State of Colorado, for the consideration of No/100 Dollars ($00.00), in hand paid, hereby quitclaim to LEONARD S. PATTERSON and FLORENCE E. PATTERSON, as Trustees of the Leonard S. and Florence E. Patterson Revocable Trust, under Trust Agreement dated May 25 , 1991, whose street address is 580 Cemetery Lane, Town of Aspen, County of Pitkin, and State of Colorado, all of their interest in and to the following real property in the County of Pitkin and State of Colorado, to wit: Lot 2 in Castle Creek Subdivision as shown on the plat recorded in the office of the County Clerk and recorder for Pitkin County, as Document No. 102142, Ditch Book 2A at Page 177. this Signed ``¢ 9 � day of L��c.-c>�� 1991. LEONARD S. PATTERSON FLORENCE E. PATTERSON 0 +✓. A C K N O W L E D G M E N T STATE OF COLORADO ' ss. -)U LJ, COUNTY OF PITKIN ) T The� foregoing instrument was acknowledged before me tfi'is day of 'j�lp(�(,1)-) �Le-�� 1991, by Leonard S. Patterson and Florence E. Patterson. Witness my hand and official seal. Notary`Flublic My Commi s on expires: -C 0 11336752 C)9/24/91. � :, J. 1 V i. < �. h <,, v J. , 1=• i t k i n C n t y • 657 F-'i_; 428 C1.elr1::, Doc s . c-;c::i QUITCLAIM DEED LEONARD S. PATTERSON and FLORENCE E. PATTERSON, husband and wife, as to an undivided eighty-five percent (85%); MARK WILLIAM PATTERSON, as to an undivided seven and one-half percent (7.5%); and DANIEL EDWARD PATTERSON and SUSAN RANDALL PATTERSON, as to an undivided seven and one-half percent (7.5%), all of whose street address is 580 Cemetery Lane, Town of Aspen, County of Pitkin, and State of Colorado, for the consideration of no/100 dollars ($00.00), in hand paid, hereby quitclaim all of their right title and interest to LEONARD S. PATTERSON and FLORENCE E. PATTERSON, husband and wife, an undivided fifty percent (50%) interest; to MARK WILLIAM PATTERSON, a married man as his sole and separate property, an undivided twenty-five percent (25%) interest; and to DANIEL EDWARD PATTERSON, a married man as his sole and separate property, an undivided twenty-five percent (25%) interest, all as tenants in common, all of whose street address is 580 Cemetery Lane, Town of Aspen, County of Pitkin, and State of Colorado, in the real property located in the County of Pitkin and State of Colorado, described on Exhibit "A" attached hereto and made a Dart hereof. Signed this may of LEONARD S. PATTERSON-�4___� DANIELAIcZLLIA PATTERSON MWATTERSON STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) 1991. FLORENCE E. PATTERSON SLfSAN RANDALL PATTERSON The fofe (Ding instrument was acknowledged before me day of' ,�,N �c .f„ 1991, by Leonard S. Patterson and E. Pattersoh. rl t*. Not y Public My (�C0 .3!ssion expires. this Florence I - v 0 J-1-2(--) Rec $15.00 Bl::'. 657 PG 429 Silvia Dckvi� 1=itE--.in Cnty Clerk, Dec $.(-)(-) STATE OF )ss. COUNTY OF The f regoing instrument was acknowledged before me this f. 1991, by Daniel Edward Patterson and Susan Patterson. Z' ary tar- I Pub ll�b/ umi. Qrh*ission expires: WF STATE COLORADO )ss. COUNTY OF PITKIN The fq`Iegoiqq instrument was acknowledged before me this day of 1991, by Mark liam Patterson. AR Nry Public y ion expires: 1k 3 0 • tt 1 1 1 ..,_.0 F;ec °3> 15. 00 Bk:: 657 F='G 430 Silvia Davi<z, F'itk:in Cnty Cie,-[::, Doc. EXHIBIT a Lot 2 in Castle Creek Subdivision as shown on the plat recorded in the office of the County Clerk and Recorder for Pitkin County, as Document No. 102142, Ditch Book 2A at Page 177. J • TRANSFER OF LIEN STATE OF COLORADO )( COUNTY OF Pitkin )( WHEREAS, on the 3rd KNOW ALL MEN BY THESE PRESENTS: day of July , A.D., 19_ go Leonard S. Patterson, Florence E. Patterson, Mark William Patterson, Daniel Edward Patterson, and Susan Randall Patter op did execute one certain note, described as follows: For the sum o1 3 187:450.00 payable to the order of FIRST WESTERN MORTGAGE CORP., in monthly installments and bearing interest as in said Note provided; and which said Note is set out and described in a certain Deed of Trust executed by Leonard S. Patterson, Florence E. Patterson, Mark William Patterson, Daniel Edward Patterson and Susan Randall Patterson to Public Trustee of Pitkin County, Colorado, and secured by the Deed of Trust Lien therein expressed, on the following described lot, or parcel of land, situated in the County of Pitkin , State of Colorado, to -wit: All of Lot 2 in the CASTLE CREEK. SUBDIVISION, as shown on the Plat recorded in the office of the County Clerk and Recorder for Pitkin County as Document NO. 102142, Ditch Boos 2A, at Page 177. County of Pitkin, State of Colorado NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that FIRST WESTERN MORTGAGE CORPORATION, Owner and Holder of said Note, for and in consideration of the sum of TEN ($10.00) DOLLARS, and other good and valuable consideration to it in hand paid by: COLONIAL SAVINGS & LOAN ASSOCIATION, FORT WORTH, TEXAS receipt of which is hereby acknowledged has Sold, Transferred, and Conveyed and does hereby Sell, Transfer and Convey unto the said COLONIAL SAVINGS & LOAN ASSOCIATION, FORT WORTH, TEXAS the said Note and said Lien and all liens and title held by it in and to said land. TO HAVE AND TO HOLD the same unto the said COLONIAL SAVINGS & LOAN ASSOCIATION, FORT WORTH, TEXAS its successors and assigns forever, without recourse on the undersigned. EXECUTED THIS llth ATTEST: PAT V,T(C KERY,. A,SS.IFANT SECRETARY STATE'-,OF'_'AxSr;'` ) �. .4,, c . COUNTY 0F•./�{tA�IT�o3 ) day of July , A.D., 19()o- FIRST WESTERN MORTGAGE CORPORATION n NANCY SUTP EN, ASSISTA T VICE-PRESIDENT, BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared NANCY SUTPHEN, ASSISTANT VICE-PRESIDENT, of FIRST WESTERN MORTGAGE CORP., known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and considerations therein expressed, as the act and deed of said corporation and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, FSWTR This 11th, day, of Ji Notary Public in and for A.D., 19go the State of Tex - • 0 f� NOTE July 3 1 19 90 Aspen Colorado 10ty) IStare) 580 Cemetery Lane. Lot 2 Castle Creek Subdivision, Aspen, Colorado 81611 (Property Address) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 187,450.00 (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is First Western Mortgage Corporation I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTERF,ST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 10.25 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(13) of this Note. 3. PAYMENTS (A) Time and Place of Payments i will pay principal and interest by making payments every month. I will make my monthly payments on t}1e 1st day of each month beginning on September 19 90 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on August 1 , _2020 I still owe amounts under this Note, I will pay those amounts in full on that date, Which is called the "maturity date." I will make my monthly payments at First Western Mortgape Corporation, P.O. Box 2990 Fort Worth, Texas 76113 or at a different place if required by the Note Holder. (I3) Amount of Monthly Payments My mont lily payment will be in the amount of U.S. $ 1,679.75 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROW E.R'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of fifteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in fuli as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. MULTISTATE FIXED RATE NOTE —single Family—FNMA/FHLMC UNIFORM INSTRUMENT Form 3200 12/83 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property cr a Beneficial Interest in 4orrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. onard S. Patterson -Borrower (Seal) Florence �.Paerson ,�� •eorrower '/�l�-(Seal) Mark William Patterson -Borrower Leonard S. Patterson as Susan Randall Patterson Attorney -In -Fact Only] T141S 1S KREBY CERT1"NED TO 9E A TRUE AND CORRECT COPY STEU9{ART TITLE OF ASPEN, INC. V t [Space Above This Line For Recording Data] DEED OF TRUST r THIS DEED OF TRUST ("Security Instrument'') is made un July 3 1990—, b among the grantor, Leonard S. Patterson, Florence E. Patterson, Mark William Patt-Prs n, ("Borrower"), the Public Trustee of Pitkin Daniel Edward Patterson and S ,snn County ("Trustee"), and the beneficiary, First Western Mortgage Corporation Randall attersor which is organized and existing under the laws of Texas and whose address is P.O. Box 2990 Fort Worth Texas 76113 Borrower owes Lender the principal sum of ***One hundred eighty-seven thousand four hundred fifty and no/100*** Dollars (U.S. S 1_87 .450.00 ). This debt is evidenced by Borroxver's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with full debt, if not paid earlier, due and payable on August 1, 2020 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borro-wer's covenants and agecments under this Security Instrument and the Note. For this purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with po.ver of sale, the following described property located in Pitkin County, Colorado: All of Lot 2 in the CASTLE CREEK SUBDIVISION, as shown on the Plat recorded in the office of the County Clerk and Recorder for Pitkin County as Document NO. 102142, Ditch Book 2A, at Page 177. County of Pitkin, State of Colorado which has the address of 580 Cemetery Lane (Street] lCiw) Colorado 81611 ("Property Address"); (Zip Code] TOGFTHE:R W111I all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter apart of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non -uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. COLORADO—Single Family—FNMA/FHLMC UNIFORM INSTRUMENT Form 3006 12/83 • ,, UNIFORM COVENANTS. Borrower and Lender covenant and agree as fol* 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") equal to one -twelfth of: (a) yearly taxes and assessments which may attain priority over this Security Instrument; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard insurance premiums; and (d) yearly mortgage insurance premiums, if. any. These items are called "escrow items." Lender may estimate the Funds due on the basis of current data and;reasonable estimates of future es; " »s• The Funds shall be held in an institution the depos. .accounts of which are insured or guaranteed by a federal or state agency (including Lender if Lender is such an insti an). Lender shall apply the Funds to pay the escrow items. Lender may not charge for holding and applying the Fur, . analyzing the account or verifying the escrow items, unless Lender pays Borrower interest on the Funds and appliL... )IC law permits Lender to make such a charge. Borrower and Lender may agree in writing that interest shall be paid on the Funds. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Security Instrument. If the amount of the Funds held by Lender, together with the future monthly payments of Funds payable prior to the due dates of the escrow items, shall exceed the amount required to pay the escrow items when due, the excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly payments of Funds. If the amount of the Funds held by Lender is not sufficient to pay the escrow items when due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as required by Lender. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 19 the Property is sold or acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to late charges due under the Note; second, to prepayment charges due under the Note; third, to amounts payable under paragraph 2; fourth, to interest due; and last, to principal due. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. -.ender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 19 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Preservation and Maintenance of Property; Leaseholds. Borrower shall not destroy, damage or substantially change the Property, allow the Property to deteriorate or commit waste. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease, and if Borrower acquires fee title to the Property, the leasehold and fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property; Mortgage Insurance. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. r 0 0 If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the insurance in effect until such time as the requirement for the insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. 8. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any' condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of rendering any provision of the Note or this Security Instrument unenforceable according to its.terms, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies permitted by paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of paragraph 17. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note had no acceleration occurred, (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security :nstrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17. • NONUNIFORM CO VENAN Is Borrower and Lender further covenant and agree as follows: c 19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraphs 13 and 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 19, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Lender shall mail a copy of the notice to Borrower as provided in paragraph 14. Trustee shall record a copy of the notice in the county in which the Property is located. Trustee shall publish a notice of sale for the time and in the manner provided by applicable law and shall mail copies of the notice of sale in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. After the time required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time the purchaser will be entitled to Trustee's deed. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 20. Lender in Possession. Upon acceleration under paragraph 19 or abandonment of the Property, Lender (in person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. Any rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Security Instrument. 21. Release. Upon payment of all sums secured by this Security Instrument, Lender shall request that Trustee release this Security Instrument and shall produce for Trustee, duly cancelled, all notes evidencing debts secured by this Security Instrument. Trustee shall release this Security Instrument without further inquiry or liability. Borrower shall pay any recordation costs and the statutory Trustee's fees. 22. Waiver of Homestead. Borrower waives all right of homestead exemption in the Property. 23. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] Adjustable Rate Rider Condominium Rider 2-4 Family Rider Graduated Payment Rider Planned Unit Development Rider Other(s) [specify] By SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. '' (Seal) eonard S. Patterson -Borrower d ;l /' / C1V1,11L!✓(_ //d�L/,t,� (Seal) MP .. -Borrower Leonard S. Patterson as Attorney -In -Fact for Susan Randall Patterson (Seal) Flopence E. Patte`rson�-Bgrrower Leonard S. Patterson as Attorney-I,rp-Fract for Daniel Edward Patterson State of Colorado, r T�� County ss: The foregoing instrument was acknowledged before me this Z��'1 day of :::�" 19 RQ, by Leonard S. Patterson, Individually and as Attorney -In -Fact for Daniel Edward Patterson and Susan Randall Patterson, Florence E. Patterson, Mark William Patterson Witness my hand and official seal. My ct)'rwtisbion.expires: S1 Zg/g3 N`07A R y' V �----- Notary Public •• )tse return to: rSSIp�,.Spring Street Asper',"' olorado 81611 as .. Z GENERAL INFORMATION LEGAL Lot No. 2, Castle Creek Subdivision City of Aspen, Pitkin Co., Colorado ADDRESS 580 Cemetery Lane Asperi, Colorado 81611 OWNER Dan Qatterson (619) 759-1202 580 Cemetery Lane Asperi, CO 81611 ARCHITECT Don Huff & Assoc. (303) 925-4718 P.O. Box 3312 Aspen, CO 81612 LAND USE REGULATIONS ZONING R-30 (P.U.D.) per sec.5-205 Low -Density Residential PERMITTED USES Sec. 5-205,B,2 Dupl ex DIMENSIONAL REQUIREMENTS Minimum Lot Size 30,000,'sft. "Is Width 100 ft. " Front Yard 25 ft. " Side 10 ft. " Rear 15 ft. Maxi mum Height 25 ft. External F.A.R. 7,020 s.f. of floor ( Duplex ) 50,000 s.f.+ area plus 3 s.f. of floor area for each add'l. 100 s.f. of lot area. off —Street Parking 1 Space/Bedroom 1�4 Project Site ��,e m e t el y Ln. lA sl✓'aq i. '�i d 'I s�a''�� a Ora oen °g g 5 o an i Not streets or roads are 02 all �/ IiS��aIIs .A Lake � of streets nd roads be I, ` rmetaa➢ Sr progress In certain areas. s w H ym Raoe St�+@ + x f R! 9/ SmuppNr Mtn Rtl o pi I+u'r i Noa.ital w.n Si R Mall O r/a Sf 0 e n n nSRS•r W � S � PO R I 3 n�-•A.��{�iB Yi 6-1 4 R C•l'ifN �I I:N/ CoI4sTP, O T 2 ... ioa Nir oNE 2538 sr_ sfc --�IJIT rid --4(039 5,F- P_ _. U..t_---- — ----- 1co-- `c N C nN N .0 CID Co O o-°00� V U r' — n y 3 N oN v C o 00 O U c(y) O Q Q N L c c a C a O 70 1/f w U 2 _ w U Z w (n o W fJ L A 4 Z 4) O O cc E 0 I` W U 0 Faaa Q Q 00 N Q (1. U) W la — DATE 3 .419 FREE/ 0 JOB NO __., .F _ _ _ . _ _ - _ f _ ,� _ - - -- - - - _ --- - - - - - ___ _ _ _ a -: _ _ _ __ � � _ _ __ _ - � � t \ t _ T.�--. _ _ . �-_- � L 4� _...a � i ...r �-a.��—.... �.w.��.n.�...r�..e Trr-.—� .+..mow.. <.. r-- L,tf,-) 5,:7 �Z. I--5\elf o Li T CITY OF ASPEN TRIANGULATION STATION_"RED BUTTE" b N, El WEST 1/4 CORNER SECTION 12,TIOS, R 85W OF THE 6th.PM. N E 0 Z N8po12' FOUND PLASTIC CAP CORNER MONUMENT MARKED "PESMAN 2376 W C " S. 0.42, E.0.02' A 159.83 F FOUND PLASTIC CAP CORNER MONUMENT MARKED "JOHNSON 9018 S.O. 27', W.0.09' o. 0 NA 1 f 990 POWER POLE o ' m W o � m y_a O .� o S CY I NOTES I. THE SURVEY OF THIS PROPERTY DATED APRIL 16, 1990 IS HEREBY REVISED, AMENDED, CHANGED, CORRECTED AND SUPERSEDED BY THIS PLAT, DUE TO NEW EVIDENCE THAT EFFECTS THE CONTROL MONUMENTATION OF SAID SURVEY. 2. THE BASIS OF BEARINGS FOR THIS SURVEY IS NORTH 070 25' 07" WEST AS FOUND BETWEEN THE AZIMUTH MARK FOR THE TRIANGLATION STATION "ASPEN 1953" MONUMENTED WITH A CAST IRON PIPE, 31NCHES IN DIAMETER WITH A BRASS CAP MARKED "ASPEN 1953" WITH THE CITY OF ASPEN TRIANGULATION STATION "RED BUTTE" MONUMENTED WITH A ONE INCH l.D. GALVANIZED PIPE, THE PLASTIC CAP IN SAID PIPE IS MARKED "CITY OF ASPEN 13166". SAID STATION IS ON THE SOUTHEASTERLY END OF THE HIGH RIDGE OF RED BUTTE. THE AZIMUTH IS LOCATED ON THE SOUTHERLY RIGHT-OF-WAY OF STATE HIGHWAY NO. 82 AT THE INTERSECTION WITH CASTLE CREEK AND MAROON CREEK ROADS. THE BASIS OF LOCATION FOR THIS SURVEY IS THE RECORD SUBDIVISION TIE TO THE WEST ONE QUARTER CORNER OF SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th. PRINCIPAL MERIDIAN. 3. THE EXISTING MONUMENTATION FOUND AND SHOWN HEREON HAS POSITIONAL TIES TO THE TRUE CORNER LOCATION AS CALCULATED BY SURVEYOR. 4. THE SUBDIVISION PLAT OF CASTLE CREEK SUBDIVISION, IS RECORDED IN DITCH BOOK 2A AT PAGE 1 ' AND REVISED IN DITCH BOOK 2A AT PACE 24! BOTH ARE ON FILE IN THE OFFICE OF THE PITKIN COUNTY CLERK AND RECORDER. 5. UTILITY LOCATIONS OTHER THAN THOSE SHOWN ARE UNKNOWN TO SURVEYOR. 6. THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SURVEYOR TO DETERMINE BOUNDARIES, OWNERSHIP, OR EASEMENTS OF RECORD. THIS SURVEY IS THE ESTABL- ISHMENT ON THE GROUND OF THE PROPERTY AS SHOWN ON THE PLATS OF CASTLE CREEK SUBDIVISION, AS RECORDED. SURVEYOR RELIED ON THE TITLE INSURANCE POLICY FROM STEWART TITLE GUARANTY COMPANY, POLICY NO.: 357510 FOR INFORMATION REGARDING ENCUMBRANCES OF EASEMENTS AND RIGHTS -OF -WAY ON THIS PROPERTY IN ADDITION TO THE SUBDIVISION PLATS. 7, THIS SURVEYOR ASSUMES NO LIABILITY FOR THE BOUNDARY MONUMENTS SET BY THE OTHER SURVEYORS OF THIS PROPERTY. 6. THE BEARINGS OR DISTANCES WITH AN "R" FOLLOWING ARE RECORD, THOSE WITH "F" ARE FIELD MEASURED. 9. THE ONE STORY DUPLEX FRAME BUILDING SHOWN HEREON WAS FOUND TO BE LOCATED ENTIRELY WITHIN THE PROPERTY. 10. THERE ARE RESERVATIONS THAT BURDEN THIS PROPERTY: (o) THE RIGHTS OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT ORE AS RESERVED IN UNITED STATES PATENT OF RECORD. (b) ANY AND ALL WATER AND DITCH RIGHTS AND ALL AGREEMENTS REGARDING THE SAME. (c) TERMS, CONDITIONS AND OBLIGATIONS AS SET FORTH IN BOOK 180 AT PAGE 401, IN BOOK 186 AT PAGE 34, IN BOOK 186 AT PAGE 465, AND IN BOOK 246 AT PAGE 395. (d) TERMS, CONDITIONS AND OBLIGATIONS AS SET FORTH IN THE RESTRICTIONS FOR CASTLE CREEK SUBDIVISION RECORDED IN BOOK 180 AT PAGE 399, II. THE EASTERN BOUNDARY OF THIS PROPERTY IS ASSUMED BY SURVEYOR TO BE THE CENTER LINE OF CASTLE CREEK, THUS THE LENGTH OF THE EASTERLY, NORTHERLY AND SOUTHERLY BOUNDARIES OF THE LOl WILL VARY WITH -IME, Ir1E SUB- DIVISION PLATS OF CASTLE CREEK SUBDIVISION DOES NOT SET A DISTANCE FOR ANY OF THESE BOUNDARIES. THE SUBDIVISION PLATS ALSO GIVE INCONSISTENT INFORMATION FOR THE CENTER LINE OF CASTLE CREEK. 12. THE BASIS OF ELEVATION (CONTOUR LINES) IS AN ASSUMED ELEVATION OF 100.00 ON TOP OF THE PROPERTY MONUMENT LOCATED AT THE ANGLE POINT IN SOUTHERLY BOUNDARY OF THIS PROPERTY. ,-FOUND PLASTIC CAP CORNER MONUMENT RAIL MARKED'JOHNSON 9018" WOOD N. I.63'E. 5. 91' co 41'E C'Ilc ) 63' I GRAVEL DRIVEWAY AND PARKING / S P 0 \? P 1 0 - , 1 S,T ryp. 1 ° • O'9y ooD I N, y 4-W FEpGE O�S�, O A, 1 R4 QI 'Ife 22 � to O O � 70 n t O y t I m 'I p n I •O I N j A I I � 1 i I / � I - - Oo 06 __-------- J47' ROCK WALL�� FOUND PLASTIC CAP R 0 6032E C RE SURVEY LOT 2 CASTLE CREEK SUBDIVISION a ka 580 CEMETERY LANE ASPEN, COLORADO PART OF THE WEST 1/2, SECTION 12, T IOS, R85W OF THE 6th. P.M. NOTES CONT. 13. THIS PROPERTY IS LOCATED ON THE PITKIN COUNTY, COLORADO AND INCORPORATED AREAS, NATIONAL FLOOD INSURANCE PROGRAM, FLOOD INSURANCE RATE MAP DATED JUNE 4, 1987, COLT nUN1TY -- PANEL NUMBER 08097 C 0203 C THIS COMMUNITY - PANEL INDICATES THAT THE BASE FLOOD ELEVATIONS DETERMINED ARE WITHIN THE CHANNEL OF CASTLE CREEK. 14. THE AREA OF THIS LOT DETERMINED FROM ASSUMPTIONS MADE BY SURVEYOR AND OMITTING THE AREA LYING WITHIN CASTLE CREEK IS APPROXIMATELY 54256 SQUARE FEET. �pl . FEE 9 \� G 5 50 R LOT 3 O 0 / FENCE -- —FOUND PLASTIC CAP 24.4 CORNER MONUMENT MARKED " JOHNSON 9018" \ N.0.66', W. 0.34' 9D i \1 , a ,1 of 1 al )LL ml I O o � I r- W l W I o �56 I o' I o K/ ai i a a ¢I a La I Q\ x 6A ,e a a - o a ' N 0 o 20 R SET 5/8"STEEL ROD 203.8 R WITH PLASTIC CAP ELEVATION B =NCH 100.00oCORNER MONUMENT MARKED"BUETTNER 13166" LOT I CORNER MONUMENT S 130 34 E, 595.82 MARKED'O.039184" N. 0.31, W.0.03' 750 a 1 PROPERTY TIES. ^� a o' P 3 SCALE 1 20' 9=R - t 0 10 20 30 40 50 60 TO 80 90 100 Co .;OUNTY CLERK AND RECORDER DEPOSITED THIS -� DAY OF =C� � �'199 AT ,_.M. IN BOOK�'��j _. CIF THE PITKIN COUNTY LAND VEY PLATS/RIGHT -OF-WAY SURVEYS AT PAGE RECEPTION NUMBER COUNTY CLERK AND RECORDER 1 1 � � 1 � I 1 1 I 1 ! FOUND PLASTIC CAP ! WITNESS MONUMENT MARKED '.JOHNSON 9018" 1 S29019'E, 0.78' OF ! LOT BOUNDARY Y1� w ! +I "l< 1 1 1 1 WI 1-1 hl U 1 SEE NOTE It 1 1 APPROXIMATE 1� TOP OF BANK WI 1 FOR CASTLE ?13 CREEK W' F- "o of / 1 I ! 1 1 / ! I SET 5/8"STEEL ROD WITH PLASTIC CA P WITNESS MONUME NT MARKED "BUETTNER 13166 WC" SURVEYOR'S STATEMENT I, LOUIS H. BUETTNER, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO CONFIRM HEREBY THAT THIS PLAT WAS PREPARED FOR LEONARD PATTERSON OFA RESURVEY PERFORMED BY MYSELF OR UNDER MY DIRECT RESPONSIBILITY, SUPERVISION AND CHECKING IN SE PT. OF 1991, ON THE PROPERTY LOCATED IN CASTLE CREEK SUBDIVISION TO ASCERTAIN THE WESTERLY BOUNDARIES OF THE PROPERTY, IMPROVEMENTS, AND ANY ENCROACHMENTS THEREON. THE BOUNDARY MONUMENTS SHOWN HEREON, WERE FOUND OR SET AT THE TIME OF RESURVEY OF SAID PROPERTY, AND SAID M0N UMENTS ARE ACCURATELY AND CORRECTLY SHOWN HEREON. ALL DIMENSIONS ANO DETAILS SHOWN HEREON ARE CORRECT TO THE BEST OF MY KNOWLEDGE. I LOUTS H. BUETTNER LS 13166 2f-vl-/ _ S21023'45"E 3 91. 70' ASPEN AZIMUTH MARK "ASPEN" REVISED 7/6%/L 7zweo n/CTtS /,i LOUIS N E JETTNER SURVEYING 0040 WVES-r SOPRIS CREEK ROAD BASALT, Crt LORADO 81621 303-92-1-ZSII NOTICE'. ACCORDING TO COLOEA 00 LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT- IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVE V BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTI FICPTION SHOWN HEREON. I4 GENERAL INFORMATION LEGAL : Lot No_ 2, Castle Creek Subdivision City of= Aspen, Pitkin Co., Colorado ADDRESS 580 Cemetery Lane Aspen, Colorado 81611 OWNER Dan Patterson (619) 759-1202 580 Cemetery Lane Aspen, CO 81611 ARCHITECT Don Huff & Assoc. (303) 925-4718 P.O. Box 3312 Aspen, CO 81612 LAND USE REGULATIONS ZONING R-30 (P.U.D.) per sec.5-205 Low -Density Residential PERMITTED USES Sec. 5-205,B,2 Duplex DIMENSIONAL REQUIREMENTS Minimurn Lot Size 30,000,,sft. " Width 100 ft. " Front Yard : 25 ft. " Side 10 ft. " Rear 15 ft. Maximum Height 25 ft. External F.A.R. = 7,020 s.f. of floor ( Duplex ) area plus 3 s.f. of 50,000 s.f.+ floor area for each add'l. 100 s.f. of lot area. Off -Street Parking 1 Space/Bedroom A Project Site o� k 4` emeteVy Ln. �^m•.r. M••m•Isn v,.,. nn ne ed • o ` $ Starr• � i• .� � 1 eep•n 1 i Tent Not all streets or roads are e2 )I T.ra named on maps C.net—tlon concourse y o"�, h's, i.ake / progress In aria rrsand roads e may be in a $ e-" ae Aspen � ei , 3 am•pWar Wn tM Pt� is wn s,� �3°a°Man �•sr`a 2 OF UNIT' oNF, i0cLk)59 t44E__. 21 11 N rr Twv � low► �_54 t .,a, 1 o+ 01b �z SITE PLAN M e �.I��es. AL 51g UNIT oNE 253g 5� + �s,fc — NIT- 1"W6 _ 4(o3C1 (EoUo.) 1cc 5r -- CONDOMINIUM MAP I 8 y V ® X 0 '_-. O J di► N p cN sn u a Via_ B 0 �- c) C_ r) N 0 \y' RAC V Z W a y (/) C O. W .,,i 'D O Z a) O o U ix 0 C w 0 a N O �L a c U) W FEE'.% JOB —� "3'L J4 I - A