HomeMy WebLinkAboutcoa.lu.pu.Smuggler Insub.A11300SMUGGLER 1NSUB. PUD & NAME
CHANGE 2737-074-90-032 A113-00
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CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
Al 13-00
2737-074-90032
Smuggler Mobile Home Park Insubstantial PUD Amendme
Smuggler PUD
James Lindt
Insubstantial PUD Amendment
Smuggler Home Owner Association
Scott Harper
9/12/00
Plat Recorded & Amen
8/3/01
J. Lindt
PARCEL ID:12737-07
CASE MA113-00
'ASE NAMEI Smuggler Mobile Home Park Insubstantial PUD Amendment PLNRlJ— 'N tV
PROJ ADDRI Smuggler PUD CASE TYPI Insubstantial PUD Amendment STEPS:r
OWN/APPISmuggler Home Ow ADR 301 Oak Lane C/S/Z: Aspen/CO/81611 PHN: 925-9034
tEPI Scott Harper ADR: 11280 Ute Ave. #10 C/S/Z: Aspen/CO/81611' PHN 544-5000
FEES DUEJ 480 D 170 E FEES RCVD: 650 (Enter in Timeslips) STAT:
REFERRALS
BY
MTG DATE REV BODY PH NOTICED
AM
N
DATE OF FINAL ACTION'
CITY COUNCIL:'
REMARKS
PZ:
CLOSED: C BY: / �G DRAC:
PLAT SUBMITD: PLAT (BK,PG) _ADMIN:
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Smuggler Home Owners' Association
301 OAK LANE
Aspen, Colorado 81611
May 22, 2000
James Lindt, Planner
Aspen/Pitkin Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Smuggler Mobile Home Park Insubstantial PUD Amendment/Change of PUD Name
Dear James:
Pursuant to requirement number 2 of the City of Aspen Land Use Pre -Application Summary
for the above referenced matter, I am supplying the following information:
a. Applicant's name, address and telephone number are:
Smuggler Home Owners' Association
c/o Mark Hesselschwerdt, President
301 Oak Lane
Aspen, CO 81611
Phone: (970) 925-9034
b. The name, address and telephone number of the representative authorized to act on our
behalf is:
Scott Harper, P.C.
by: Scott Harper
Attorney at Law
1280 Ute Avenue, Suite #10
Aspen, Colorado 81611
Phone: (970) 544-5000
Very truly yours,
Smuggler Home Owners' Association
Applicant
B : Mark Hesselschwerdt, President
Applicant
0
LAW OFFICE OF
SCOTT HARPER
PROFESSIONAL CORPORATION
1280 UTE AVE., SUITE 10 (970) 544-5000
ASPEN, COLORADO 81611 November 20, 2000 TELECOPIER (970) 544-5010
Via Hand Delivery
James Lindt, Planner
Aspen/Pitkin Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Smuggler Park Subdivision/Re-recording of Third Amended Plat
Dear James:
Delivered herewith please find (1) two original Mylars of the Third Amended Plat for
Smuggler Park Subdivision signed by the President and Secretary of the Smuggler Park Home
Owners' Association; (2) a check from Scott Harper, P.C. in the amount of $10.00 for recording of
the Plat. Thank you in advance for making certain that this Plat gets recorded as approved, i.e.
without any additional references being added to the Plat by the City Clerk or County Clerk and
Recorder.
You will note that I have included the legend that this Plat "supersedes and replaces in its
entirety the Third Amended Plat recorded at Plat Book 54 Page 71 as Reception No. 448308."
For your information, the Amendment to the Declaration for Smuggler Park Subdivision
evidencing the Association's approval for the name change is recorded as Reception No.448988.
Please let me know the recording information for the Plat once it is recorded. Thank you for your
assistance in insuring that the Plat gets properly re -recorded.
Very truly yours,
SCOTT HARPER PROFESSIONAL
CORPORATION
Scott H
cc: Association President
•
LAW OFFICE OF
SCOTT HARPER
PROFESSIONAL CORPORATION
1280 UTE AVE., SUITE 10 (970) 544-5000
ASPEN, COLORADO 81611 October 23, 2000 TELECOPIER (970) 544-5010
Via Hand Delivery
James Lindt, Planner
Aspen/Pitkin Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Smuggler Park Subdivision/Third Amended Plat
Dear James:
Delivered herewith please find (1) two original Mylars of the Third Amended Plat for
Smuggler Park Subdivision signed by the President and Secretary of the Smuggler Park Home
Owners' Association; (2) a check from Scott Harper, P.C. in the amount of $10.00 for recording of
the Plat; and, (3) a copy of the recorded Memorandum approving the Insubstantial Amendment to
the Smuggler Park PUD.
Please let me know the recording information for the Plat once it is recorded. Thank you
for your assistance throughout the amendment process.
Very truly yours,
SCOTT HARPER PROFESSIONAL
CORPORATION
B•
colt Harper
cc: Association President
0 •
LAW OFFICE OF
SCOTT HARPER
PROFESSIONAL CORPORATION
1280 UTE AVE., SUITE 10 September 7, 2000
(970)544-5000
ASPEN, COLORADO 81611 TELECOPIER (970) 544-5010
James Lindt, Planner
Aspen/Pitkin Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Smuggler Mobile Home Park Insubstantial PUD Amendment/Change of Name
Delivered herewith please find 2 copies of the complete application packet containing the
following information requested in the Pre -Application Conference Summary for the above
referenced property:
1. Check from Scott Harper, P.C. Trust Account for total deposit for review of
application in the amount of $650.00.
2. Letter authorizing this firm to act as owner's representative, and including
owner's name, address and telephone number.
3. Signed fee agreement.
4. The Pre -application Conference Summary.
5. A letter signed by the President of the Smuggler Home Owners' Association
evidencing Association approval for the name change.
6. An 8`/2" x 11" vicinity map locating the subject property within the City of
Aspen.
7. The proposal is for an Insubstantial PUD Amendment changing the name of the
subdivision from Smuggler Mobile Home Park Subdivision to Smuggler Park
Subdivision and is in full compliance with the review standards relevant to an
insubstantial PUD amendment.
8. The recorded PUD Agreement. Smuggler is governed by a Precise Plan for a
Specially Planned Area as set forth in the recorded Precise Plan and Subdivision
Agreement for Smuggler Mobile Home Park, as amended. The Precise Plan and
the First, Second and Third Amendments thereto are submitted herewith.
0 •
James Lindt
Aspen/Pitkin Community Development Department
September 7, 2000
Page 2
9. The proposed Third Amended Plat of Smuggler Park Subdivision.
Please let me know at your earliest convenience if you need any additional information.
Very truly yours,
SCOTT HARPER PROFESSIONAL
CORPORATION
co Ha4iTe
cc: Association President
•
•
MEMORANDUM
TO: Julie Ann Woods, Community Development Director
FROM: James Lindt, Planning Technician v (�
RE: Smuggler Park Subdivision Insubstantial PUD Amendment
DATE: September 12, 2000
SUMMARY:
Smuggler Home Owners' Association, represented by Scott Harper, has applied for
an insubstantial amendment to an approved PUD for the Smuggler Mobile Home
Park Subdivision. This request is to change the name of the subdivision from
"Smuggler MobiiZ Home ''ark Subdivision" to "Smuggler Park Subdivision".
Staff has reviewed this proposed amendment and recommends administrative
approval by the Director, with conditions.
APPLICANT:
Smuggler Home Owners' Association, Represented by Scott Harper.
LOCATION:
Smuggler Mobile Home Park. Located north of Gibson Avenue and encompasses
most of AJAX Avenue, Oak Lane, Cottonwood Drive, and Maple Lane.
ZONING:
Residential/Mobile Home Park PUD
REVIEW PROCEDURE:
Insubstantial amendments to an approved PUD may be approved by the Community
Development Director, pursuant to Section 26.445.100.
STAFF COMMENTS:
Revicw criteria and Staff Findings have boen included as Exhibit "A." The
application has been included as Exhibit "B."
RECOMMENDATION:
Staff recommends the Community Development Director approve this Insubstantial
PUD Amendment to change the name of the "Smuggler Mobile Home Park
Subdivision" to the "Smuggler Park Subdivision" with the one condition as proposed
below.
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447333 09/25/2000 01:05P
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MEMO DAVIS SILVI
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APPROVAL:
I hereby approve this Insubstantial Amendment to the Smuggler Park PUD as
proposed with the following condition.
Within six (6) months of the date of this approval, the applicant shall amend the
final plat to reflect the subdivision/PUD name change..
� 1
date 7117, C"
Julie -inn Woods, Community Development Director
ACCEPTANCE:
I, as a person being or representing the applicant, do hereby agree to the condition of
this approval and certify the information provided in this application is correct to the
best of my knowledge.
date nL�
Scott Harper RWresen'ting Smuggler Home Owners'
Association, owner.
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- Application
111111111111111111111111111111111111111111111111111111111111
7333 09/25/2000 02:05P MEMO DAVIS SILVI
2 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO
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447333 09/25 2000 01: 05P MEMO �IIIDAVIS III SILV IIII I"I
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Exhibit A
Review Criteria
Insubstantial PUD Amendment.
1. A change in the use or character of the development.
Staff Finding:
With this proposed amendment, the use and intensity remains the same as
approved by the original PUD. Staff does not believe that the amendment
changes the character of the development in a way which necessitates review by
the Planning and Zoning Commission and Council.
2. An increase by greater than three (3) percent in the overall coverage of structures on
the land.
Staff Finding:
There will be no change in the coverage of structures.
3. Any amendment that substantially increases trip generation rates of the proposed
development, or the demand for public facilities.
Staff Finding:
Trip generation and demand for public infrastructure are not affected by this
change.
4. A reduction by greater than three (3) percent of the approved open space.
Staff Finding:
The amount of open space will not be affected by the proposed amendment.
5. A reduction by greater than one (1) percent of the off-street parking and loading
space.
Staff Finding:
The applicant is not requesting an amendment to the existing or required number
of parking spaces.
6. A reduction in required pavement widths or rights -of -way for streets and easements.
Staff Finding:
The applicant is not proposing changes to right-of-way widths.
7. An increase of greater than two (2) percent in the approved gross leasable floor area
of commercial buildings.
Staff Finding:
The applicant is not proposing changes to a commercial building.
9 0
An increase by greater than one (1) percent in the approved residential density of the
development.
Staff Finding:
The applicant is not proposing a change in the residential density.
9. Any change which is inconsistent with a condition or representation of the project's
original approval or which requires granting a further variation from the project's
approved use or dimensional requirements.
Staff Finding:
The proposed amendment is consistent with the project's original approval.
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447333 09/25/2000 01:05P MEMO DAVIS SILVI
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T11IRD AZZENDMENT TO PRECISE PLAN x• i
AND SUBDIVISION AGREEMENT #
FOR
SMUGGLER MOBILE HOME PARK. i
1N i :t
This Amendment, entered into this ;ti day of Z�Tr-u-% C992, by
and between the City of Aspen, Colorado, a municipal corporation
(hereinafter referred to as "the City"), and Smuggler Mobile Home
Owners' Association, a Colorado not for profit corporation,
(hereinafter referred to "the Association")..:
WHEREAS, the Association has submitted to the City for
approval, execution and recordation a Second Amended Plat, a copy
of which is incorporated herein by this reference and hereinafter
referred to as the "Second Amended Plat" for a tract of land known
as the Smuggler Mobile Home Park Subdivision, (hereafter referred
j to as "the Property"), and
:P EREAS, the Property is zoned as a specially planned area
pursuant to requirements of the Aspen Municipal Code, and
WHEREAS, the City has fully considered the proposed amendments
of the Plat of this Property;
WHEREAS, the Property is ycverned by a Precise Plan and
Subdivision Agreement ("Precise Plan") recorded in Book 424 at Page
780 of the records of Pitkin County, Colorado; and
' WHEREAS, the Precise Plan has been previously amended by
amendments thereto recorded in Book 439 at Page 213 of the records
of Pitkin County ("First Amendment") and in Book 535 at Page 975
("Second Amendment"); and
i
WHEREAS, on July 9, 1990 the City of Aspen approved Ordinance
40 (Series of 1990) granting f>>rther amendment to the Precise Plan;
and
3,
WHEREAS, the requirements of Cnapter 24 of the Municipal Code
of the City of Aspen require a written amendment to any Precise
Plan and Subdivision Agreement; and
WHEREAS, the City and the Association furthermore wishes to
amend the Precise Plan to incorporate therein certain architectural
restrictions with respect to construction on the Property; and
WHEREAS, the City has agreed to the adoption of the
architectural restrictions pursuant tc Ordinance 40 of 1990; and
WHEREAS on July 15, 1992 the City approved the adjustment of
a lot line between real property owned by the Association and Anne
Byard Peterson also known as Anne Byard; and agreed to extend the
deadlines for the filing of tee plat required pursuant to ordinance
40 of 1990 and the recording of this amendment to the Precise Plan;
and
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WHERF.A.S, the City is willing to approve, execute and accept
for recordation, the Second Amended Plat upon the agreement of the
parties who on matters hereinafter described, subject to the
representations, made in the application submitted in connection
therewith and conditions of all approval and all requirements terms
and conditions of the City of Aspen Subdivision SPA regulations now
in affect and su:h other rules and regulations as or may be
applicable; and
WHEREAS, the City of Aspen is willing to approve, execute anO
accept this Third Amendment to the Precise Plan and Subdivision
Agreement for Smuggler Mobile Home Park in order to adopt certain
architectural controls, riles and regulations.
NOW, THEREFORE, in consideration of the premises, the muz-1
covenants herein contained, and the approval, execution and
acceptance of the Second Amendei Plat fcr recordation by the City
it is mutually agreed as follows:
1. 1mmendment To Paragraph 1 (General Development Plan) of the
Second Amendment: There shall be added to Paragraph 1
(General Development Plan) of the Second Amendment the
following language:
"it is hereby recognized that mobile homes, modular homes, or
site built homes shall be permitted within Smuggler MobilF.
Home Park pursuant to the dimension requirements set fort.'L in
the Third Amendment to the Precise Plan and Subdivision
Agreem:nt. Any and all additions to any mobile home or
structure in the Smuggler Mobile Home Park snail meet the City
of Aspen Building Regulations (Chaptsr 7 of the Aspen
Municipal Code). It is further recognized that the placement
,:. of any structure or improvement on any lot within the Smuggler
Mobile Rome Park will be subject to the review and approval of
the Architectural Control Committee of the Smuggler Mobile
Home Owners' Association.
2. Building and Architectural Restrictions. Anything in the
Precise Plan Subdivision and Improvement Agreement c,: any
amendment thereto, to the contrary notwithstanding, the
following architectural rules, regulations and restrictions
shall effect any and all construction and use in t!.e Smuggler
Mobile Home Park Subdivision:
A. Basements. Any basement and floor system upon which one
relocates a mobile home or modular home must be capable of
supporting the relocated mobile or modular home.
B. y.elgUt. The height of all residential and service
structures within Smuggler Mobile Home Park shall be limited
to fifteen (15) feet as measured from the mid -point of the
lots average slope.
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C. Minimum IQt Size. The minimum lot size of any lot within
the Smuggler Mobile Homy Park shall be twenty-four hundred
(2400) square feet.
D. Front Yard Set Back. The minimum front yard set buck
shall be zero (0) feet for every Lot in the Smuggler Mobile
Home Park and there shall be an average eight (8) foot limited
common element from the edge of the roadside curb to the front
property line of any Lot In Smuggler Mobile Home Par%. This
common elemen,� is intended to be used for off street parking
by the o,.ner of the adjacent lot.
E. Rear Yard Set Back. The rear yard cat back shall be a
minimum of five (5) feet for any lot in the Smuggler Mobile
Home Park.
F. Side Yard Set Back. There shall be a minimum of ten (10)
feet on one side and a minimum of zero (0) feet on the other
side of any structure on any lot within the Smuggler Mobile
Home Park.
G. Maximum Floor Area. The maximum allowable floor area in
any dwelling unit within Smuggler Mobile Home Park shall be
two thousand (2,000) square feet. This two thousand (2000)
square foot 1LAtation shall not include five hundred (500)
square feet which may be utilized for the construction of
either a garage or a shed. For the purposes of calculation of
floor area, each square foot of above grade space will equal
one square foot of floor area; each square foot of ')elow grade
space will equal one-h;:lf (1/2) square foot of floor area for
the purposes of floor area calculation.
H. ParXing. Parking requirements shall remain as defined and
set forth in the rules and regulations of the Architectural
Control Committee of the Smuggler Mobile Home Owners'
Association. Those regulations as of the date hereof are as
follows:
There shall Le a minimum of two (2) off street parking spaces
for each lot on the area between the service of the road and
the lot line of any lot. For any structure or dwelling unit
over fifteen (1500) square feet in living area, as calculated
hereunder, three (3) parking spaces shall be required for any
structure or dwelling unit in excess of two thousand (2000)
square feet, four (4) parking spaces shall be required and any
mobile home in excess of twenty-five hundred (25;'0) square
feet, five (5) parking spaces shall be required. Wl&=n garage
space is utilized for parking, that space shall not be
included in the calcuiation of living area for computed
required parking spaces.
I. Accesso,y Build D s. No accessory buildings or ingress or
egress therefrom shall be built within any of the set backs as
set forth herein.
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terms Oflon theo Terms.othel Except modified
P ecise PlanandSubdivisionAgreementeand the
First and Second Amendment thereto are hereby confirmed by e l l
of the parties hereto in all respects.
Miscellaneous.
A. The provisions hereof shall be binding upon and inure to
the benefit of the Association, the City and their respective
successors and assigns.
B. This to
accordance Agreement
with the lawslof thesStatetof Coloand
construed in
Colorado.
C. If any provisions of this Agreement or any paragraph,
f application
sentence, clause, phrase, word or sectio;i, or ape
thereof in ary circumstances invalidated, such invalidity
shall not affect the validity of the remainder ara rahhs
Agreement. The appf t
lication of any such provision, an gother
sentence, clause, phrase, word or section, Y
circumstances, shall not be affected thereby.
D. :rhis Amendment to the Precise Plan and Subdivision
Areemet may be aered or amendedorm time to time
writtenninstrrments executed by all
the parties hereto. by
E. Notices to be given to the parties to this Agreement shall
be considered to be given when delivered or
deposited
in he
United states mail to the parties by registered
ied
mail, at the addresses indicated below or such ether addressees
as may be substituted upon written notice of the pa
or
their successors or assigns:
City of Aspen
City Manager
130 South Galena Stree`.
Aspen, CO 81611
Smuggler Mobile Home owners' Association
301 Oak Lane
Aspen, CO 81611
F. The terms, provisions, conditions and obligations
contained herein shall be deemed to be covenants and burden
the real property more particularly shown ear successorsthe a
Amended Plat, any and all owners thereof,
grantees or assigns, and fu against st shall
inure to the heretoef it Of
ir
and specifically
sbor
or assigns.
successors,
g
G. In the event the City determines that the association is
not in substtantialmahis
co68rv$naeNotice ofwith hNon-Compliance terms of tand
Amendment, Y Y
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request that the deficiency be correcte.: within a period of
forty-five (45) days. In the Event the :association believes
that it -'s in compliance or that thnhea ring before
Pliance is
insubstantial, the Association may request a
the City Council to determine whether the allegad non-
compliance exists or whether any amendment, variance or
extension of time to comply should be granted. to standard
the City shall conduct a hearing according rriate.
procedures and take such action as it they. deems aPPtopand at
The City shall be entitled to all remedies at equ y non-
compliance to enjoin, correct and/or receive damages for any
compliance with this Agreement.
H. In the event that any of the provisions of this Agreement
or any paragraph, sentence, clause, phrase, word, or section
f in any circumstances is
or the application thereo
invalidity shall not affect the validity of
�j
dsuch
invalidate,
of this Agreement, and the aPplhrnwordaor
the remainder
such provision, paragraph, sentence, clause, pase,
shall not be affected
section in any other circumstance
a
thereby.
IN WITNESS WHEREOF, the parties have hereunto set their hands
and seals on the date and year set forth above.
i
MOBILE HOME OWNERS'
CITY OF ASPEN SMUGGLER
ASSOCIATIION,�,
By: —' President
Ma o�r
ATTEST:
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AMENDMENT TO PRECISE PLAN dND V c
SUBDIVISION AGREEMENT FO
SMUGGLER MOBILE HOME PARK SUB ISION to
Cl)
This Amendment, entered into this kL day of
by and between THE CITY OF ASPEN, COLORADO, a Municipa'1 Corporat-
ion (hereinafter referred to as the "City"), and SMUGGLER MOBILE
HOME OWNERS' ASSOCIATION, a Colorado Cooperative (hereinafter
referred to as the "Association"), PITKIN LIMITED, a Colorado
Corporation, and ASPEN MOUNTAIN PARK, a Colorado General
Partnership (hereinafter referred tc as "Owner").
RR.rTTAT.S
WHEREAS the Association has submitted to the City for
approval, execution and recordation an Amended Plat, a copy of
which is attached hereto as Exhibit A and incorporated herein by
this reference and hereinafter referred to as the "Amended Plat,"
for a tract of land situated within the City of Aspen legally
described as Parcel A, Smuggler Mobile Home Park Subdivision,
hereinafter referred to as the "Property;" and
WHEREAS the Property is zoned as a Specially Planned Area
pursuant to the requirements of the Aspen Municipal Code; and
WHEREAS the City has fully considered the proposed amend-
ments to the plat of the Property; and
WHEREAS the Property is governed by a Precise Plan and
Subdivision Agreement recorded in Book 424 at Page 780 of the
records of Pitkin County, Colorado; and
WHEREAS the requirements of Chapter 24 of the Municipal Code
of the City of Aspen require a written amendment to any Precise
Plan and Subdivision Agreement; and
WHEREAS the Association wishes to convey portions of the
Property which are presently leased to the holders of shares in
the Association in the form of single family lots; and
WHEREAS the City has agreed to the conveyance of single
family lots within the Property, upon the recordation of an
amended plat and an amendment to the original Precise Plan and
Subdivision Agreement for Smuggler Mobile Home Park Subdivision,
and
WHEREAS the City is willing to approve, execute and accept
for recordation the Amended Plat upon agreement of the parties to
the matters hereinafter described, subject to the representations
made in the application submitted in connection herewith, the
conditions of approval and all requirements, terms and conditions
of the City of Aspen Subdivision and S.P.A. regulations now in
effect and such other laws, rules and regulations as are or may
become applicable; and
WHEREAS under the authority of the Municipal Code of the
City of Aspen, the City is entitled to assurances that the
1
ece 535 1)
matters hereinafter agreed to will be faithfully performed by the
parties hereto and their successors and assigns, and the parties
hereto are willing to enter into such agreements with, and to
provide such assurances to, the City;
NOW THEREFORE, in consideration of the premises, the mutual
covenants herein contained, and the approval, execution and
acceptance of the amended plat for recordation by the City, it is
mutually agreed as follows:
1. General Development Plan. It is hereby recognized that
anything in the original Precise Plan and Subdivision Agreement
heretofore recorded notwithstanding, Parcel A will now be
subdivided into eighty six (86) individually designated mobile
home lots, the open space areas, trail easements, parking spaces,.
and internal roadway system all as are shown and noted on the
Amended Plat. It is anticipated that the lots will be transferred
to the individual shareholders to the fullest extent possible by
the Association, and thereafter, the Association will retain
ownership in the balance of the Property. Furthermore, it is
anticipated the Property will be subject to certain protective
covenants to be recorded in the records of Pitkin County,
Colorado and which shall refer to the terms of this Amendment.
The following features shall further define and describe the
Property to be conveyed by the Amended Plat:
(i) The mobile homes and individual Lots, mobile homes or
other dwellings at any time thereon situated, shall be and
constitute controlled City of Aspen employee housing and as such,
shall be deed or covenant restricted as set forth in this
Agreement.
(ii) Use of the common area shall be governed by the
Protective Covenants and such other rules and regulations as the
Association may promulgate. The common area shall either remain
as open space or be maintained as a parking area. Any develop-
ment activity within the City shall require further review and
approval by the City.
2. Employee Housing Restrictions. Anything to the contrary
notwithstanding in the original Precise Plan and Subdivision
"Agreement, in consideration of the execution and recordation of
the Amended Plat, the Association for itself, for its successors
and assigns, hereby covenants with the City that any Lot, mobile
home or other dwelling unit to be located on any of the Lots
shall be and hereby are dedicated and restricted for use as City
of Aspen employee housing and subject to all terms, conditions
and covenants set forth in the Resale Agreement attached hereto
as Exhibit B and incorporated herein by this reference, which
Agreement shall be entered into by any person who obtains an
interest in said Lots as a condition of the ownership interest.
It is recognized that none of the employee housing dedications,
covenants and restrictions contained herein with respect to the
Property shall be released or waived in any respect during the
period they are binding without the further consent of the City
reflected by resolution thereof. The dedication, covenants and
2
Pw
BOOK 5 3 o PAG-c I
restrictions herein set forth shall be deemed to run with the
land herein described and be a benefit and burden thereto and tc
any one acquiring a record interest therein, their successors,
grantees and assigns thereof, as well as being of a benefit and
to be specifically enforceable by the City. The dedications,
covenants and restrictions shall be and remain effective afore-
said for the period of life of the longest lived member of the
presently existing City Council of Aspen, plus twenty one (21)
years or for a period of fifty (50) years from the date of the
recordation hereof in Pitkin County, Colorado real property
records, whichever period is less.
3. Affirmation of Other Terms. Except as modified hereby,
the terms of the original Precise Plan and Subdivision Agreement
are hereby reconfirmed by all of the parties hereto.
4. Miscellaneous.
A. The provisions hereof shall be binding upon and inure to
the benefit of the Association, the City and their respective
successors and assigns.
B. This Agreement shall be subject to and construed in
accordance with the laws of the State of Colorado.
C. If any provisions of this Agreement or any paragraph,
sentence, clause, phrase, word or section, or application thereof
in any circumstances invalidated, such invalidity shall not
affect the validity of the remainder of this Agreement. The
application of any such provision, paragraph, sentence, clause,
phrase, word or section, any other circumstances, shall not be
affected thereby.
D. This Amendment to the Precise Plan and Subdivision
Agreement may be altered or amended from time to time only by
written instruments executed by all the parties hereto.
E. Notices to be given to the parties to this Agreement
shall be considered to be given when delivered or deposited in
the United States mail to the parties by registered or certified
mail, at the addresses indicated below or such other addresses as
may be substituted upon written notice of the parties or their
successors or assigns;
City of Aspen
City Manager
130 South Galena Street
Aspen, Colorado 81611
Smuggler Mobile Homeowners' Association
Post Office Box 606
Aspen, Colorado 81612
F. The terms, provisions, conditions and obligations
contained herein shall be deemed to be covenants and burden the
real property more particularly shown on the Amended Plat, any
and all owners thereof, their successors, grantees or assigns,
and further shall inure to the benefit of and be specifically by
3
• • BOOK 535 FAA78
for against the parties hereto, their successors, grantees or
assigns.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals on the date and year set forth above.
CITY OF ASPEN SMUGGLER MOBILE HOME OWNERS'
ASSOCIA ON
By: � By:
Mayor President
ATTEST:
By:
City Cle
P
B
A
B
Y
ATTEST:
BY
i
e reta
ASN M t�� A�' PBY#,����
Partner
4
Book 535 PAGE980
RXTNTRTT A
SMUGGLER MOBILE HOME
RESALE AGREEMENT
This Agreement made and entered into this _ day of
1987, by and between of the City
of Aspen, County of Pitkin, State of Colorado (hereinafter the
"Owner") and the City of Aspen by and through its housing
designee, the Housing Authority of Pitkin County (hereinafter the
"Housing Authority").
W I T N E S S E T H
WHEREAS the Owner has purchased that real property located
at (hereinafter the "Lot"), more specifically
described as follows:
Lot I First Amended Plat, Smuggler Mobile Home Park
Subdivision, situate in Pitkin County, Colorado, according
to the plat thereof recorded in the office of the County
Clerk and Recorder of Pitkin County, Colorado on ,
in Plat Book at Page ,
I and
WHEREAS the Owner acknowledges that the Lot is subject to
certain resale restrictions as contained in the Amendment to
Precise Plan and Subdivision Agreement for Smuggler Mobile Home
Park recorded in Book at Page of the records of Pitkin
County, Colorado, which restrictions are for the purpose of
addressing the housing needs of the area, and
WHEREAS the parties hereto desire to insure that, upon
resale, the Lot is again made available to satisfy the need for
employee housing in the City of Aspen and in Pitkin County,
NOW THEREFORE, in consideration of the sum of Ten ($10.00)
Dollars and other good and valuable consideration, the parties
agree as follows:
I. Sale of Lot. At any time the Owner intends to sell the
Lot, he shall notify the Housing Authority in writing of his
intention to do so and he shall deposit with the Housing
Authority an amount equal to one-half (.5%) percent of the
estimated value of the Lot as determined by the Owner. The
Housing Authority shall immediately advertise the Lot for sale by
competitive bid submitted by qualified purchasers (as herein
defined). Subject to the provisions of this Agreement, the Owner
may accept the highest appropriate bid, or in the alternative,
reject all bids and retain ownership of the Lot. If the Lot is
sold, the Purchaser thereof shall pay an amount equal to the
Housing Authority's actual costs of advertising and qualifying
the prospective Purchaser, but in no event shall said amount be
in excess of one (1%) percent of the purchase price of the Lot.
The minimum amount to be paid in the event of any sale shall be
equal to the deposit previously made by any owner.
II. Qualified Purchasers. The following restrictions shall
apply in determining whether a purchaser is qualified to purchase
L71
•
a Lot:
Bou 535 PAGE981
(a) The Lot shall be offered for sale to persons actually
employed within the City of Aspen or Pitkin County, or other
individuals deemed qualified by the Housing Authority, including,
but not limited to, qualified retirees and pensioners. Any
individual or individuals who purchase said Lot must agree, as a
condition of sale and, in fact, must personally occupy the Lot as
a primary residence during the period of ownership.
(b) Should there be no qualified purchasers in category
(a) above after a period of four (4) months from the date the
Lot is first offered for sale, the Lot may then be offered for
sale to any resident of Pitkin County. The purchaser or
purchasers must agree as a condition of sale and, in fact, must
personally occupy such Lot as a primary place of residence
during the period of ownership, and their occupancy must be
approved by Smuggler Mobile Homeowner's Association, in
accordance with the Protective Covenants encumbering the subject
property.
III. Exempt Transfers. The following transfers of any
interest in the Lot, unless adopted to avoid the provisions of
this Agreement, shall be exempt from its provisions:
a. A transfer by operation of law of a deceased person's
interest to the surviving joint tenant.
b. A transfer of an interest by will or inheritance.
c. A transfer by genuine gift without any consideration
thereof.
d. A transfer of an interest to a trustee for the
benefit of the owner or the owner's spouse or issue.
e. A transfer by operation of law of an interest of an Owner
to any other co-owner (or co -owners) where such co-owner (or
co -owners) holds title on the date of such transfer as tenant -in -
common or as joint tenant.
f. A transfer of an interest by Treasurer's deed pursuant to
a sale for delinquent taxes; or by a sheriff's or public or
private trustee's deed pursuant to a judgment execution or
foreclosure sale, but only for debts constituting a purchase
money mortgage.
Anything above to the contrary notwithstanding, in the
event that the Lot shall be transferred in any manner described
in paragraphs a through f above, the transferee, his grantees or
successors in interest, shall be bound by the terms and condit-
ions of this Agreement in the same manner and degree as if no
exempt transfer had occurred.
IV. Burden of Agreement. In the event that any Lot burdened
hereunder be sold and conveyed without compliance herewith, such
sale shall be wholly null and void and shall confer no title
whatsoever upon the intended purchaser. Each and every conveyance
of the Lot shall, for all purposes, be deemed to include and
incorporate by reference in such instrument of conveyance, even
L71
• BOON 535 PAGE982
iithout reference hereto, the covenants contained herein.
V. Change in Residency. The Owner agrees that, in the event
ie ceases to utilize the Lot as his sole and exclusive place of
.-esidence when in Aspen, Colorado, he will offer the same for
;ale pursuant to the provisions of this Agreement. The Owner
;hall be deemed to have ceased to utilize the Lot as his sole and
!xclusive place of residence when in Aspen, Colorado, by failing
:o personally reside in the Lot for more than six (6) months per
rear without such justification as is acceptable to the Board of
)irectors of the Smuggler Mobile Homeowners Association. It is
7ecognized that no Lot may be leased for any period of time in
violation of the Protective Covenants for the Smuggler Mobile
iomeowners Association.
VI. Wrongful Interest. In the event any person with an
)wnership interest acquires such interest without intending to
ise the same as his sole and exclusive place of residence, then
ill other persons with an ownership interest shall simultaneously
)ffer the same for sale pursuant to the provisions of this
kgreement, and the Lot shall become available for purchase
)ursuant to the provisions of Paragraphs I through IV above.
VII. Notices. Any notice which is required to be given
iereunder shall be given by mailing the same, certified mail, to
my address provided herein or given as the current mailing
address of the party.
VIII. Covenants to Run With Land. The provisions of this
kgreement shall be covenants running with the land, be binding
xpon the Owner and the City, his or its heirs, successors and
assigns (and enforceable by any of them) and shall run for the
,)eriod of the life of the survivor of the members of the present
:ity Council, plus twenty-one (21) years.
IX. Definition of Owner and Housing Authority. The term
"Owner" as used herein shall refer to any and all persons
(without regard to number or gender) or entities having an
ownership interest in the Lot which is the subject of this
Agreement. The term "Housing Authority" shall mean and include
the City Council of the City of Aspen and/or such person or
entity now or hereafter designated by the City Council to
administer the terms of this Agreement on behalf of the City.
X. Obligations at Closing. At the time of any sale of the
Lot pursuant to the terms of this Agreement, the Owner shall
provide (at his cost) title insurance (or other evidence of
title); and any taxes, assessments, utility bills, etc., shall be
pro -rated to the date of closing. Each party to the transaction
shall assume his customary closing costs.
XI. Remedies Upon Breach. There is hereby reserved to the
parties hereto any and all remedies provided by law for breach of
this Agreement or any of its terms and the prevailing party in
any litigation shall be entitled to an award of its reasonable
attorney's fees.
XII. Acknowledgment of Understanding. The Owner acknowledges
that he has read and fully understands and accepts the terms and
conditions of this Agreement limiting the resale and rental of
• BOOK 535 PAGE983
the Lot; and further acknowledges that he is relying upon no oral
representations qualifying or limiting the terms hereof.
IN WITNESS WHEREOF, the parties hereto have executed this
instrument on the day and year above first written.
jOWNER
ATE OF COLORADO )
ss.
UNTY OF PITKIN )
THE CITY OF ASPEN, BY AND THROUGH
THE HOUSING AUTHORITY OF PITKIN
COUNTY, AS THE CITY COUNCIL'S
HOUSING DESIGNEE
By:
Title
Mailing Address
The foregoing document was acknowledged and sworn to before
this — day of , 1987, by
My commission expires:
Witness my hand and
official seal.
Notary Public
•
BOOK 535 PAGE979
EXHIBIT "A"
REFER TO PLAT MAP RECORDED MAY 14, 1987, IN PLAT BOOK
AT PAGE.
COUNTY OF PITKIN, STATE OF COLORADO
MEMORANDUM
TO: Plans were routed to those departments checked -off below:
((...........
City Engineer
O ...........
Zoning Officer
O ...........
Housing Director
O ...........
Parks Department
O ...........
Aspen Fire Marshal
O ...........
City Water
O ...........
Aspen Consolidated Sanitation District
O ...........
Building Department
O ...........
Environmental Health
O ...........
Electric Department
O ...........
Holy Cross Electric
O ...........
City Attorney
O ...........
Streets Department
O ...........
Historic Preservation Officer
O ...........
Pitkin County Planning
FROM: James Lindt, Planning Technician
Community Development Department
130 So. Galena St.; Aspen, CO 81611
Phone-920.5104 Fax-920.5439
RE: Smuggler Mobile Home Park Insubstantial Plat Amendment
Parcel ID #2737-074-90-032
DATE: September 12, 2000
COMMENTS: The Smuggler Mobile Home Park has applied for an insubstantial
plat amendment to change the name of their Subdivision/PUD to
Smuggler Park. They are doing an insubstantial PUD Amendment
in conjunction with the plat amendment which will be approved
administratively. Please return you comments on the plat to me by
September 261h. No DRC required.
Thank You,
James Lindt
APR-18-2000 TUE 03118 FV.- FAX NO. P. 02
i
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: lames L'tndt 920.5104 DATE-;: 3,22.00
PROJECT: Sniuggler Park Insubstantial Planned Unit Development Amciidntent
REPRLSFNTA 11VE: Scot HafW
OWNER:
TYPS OF APPLICATION: Insubstantial PUD Amendment
DESCRIPTION: Changing PLJDNarlte to Stnuggler Park from Smuggler Mobile Home Park
Land Use Code Section(s)
26.446,100 Amendment of PUD development order.
Review by: Staff for corn plete application, referral agencies for technical considerations, Connnunity
Development Director for final approval.
Public Hcaring: No.
Referral Aocncies: Engineering
Planning Fees: Plnnninb Dcposit $480
Referral Agency Fees: Fngineeriug Referral $170
Total Deposit: $650
To apply, submit the following information:
^• 1. Total Dcposii for review of application.
2. Applicant's nano, address and tolephmo nurnber, contained within a letter signed by Ilia applicant stating the nano, address, and
telephone number of the representative authorized to act on behalf of the applicant.
3, Signed fcc ntrcenicnt.
4. l'rc-applicntinn Conference Summary.
S. A taller from ilia limi)eowner's nbsociation saying that they have appiovcd the amendment.
6. An 8 1/2" x l 1" vicinity map locating the subject parcels within the City of Aspen.
7. A written description cf thu proposal and a written exphinot ion of how it proposed devetopirent
complies with the review standards rckwant to the development application.
8. A copy of the mcorded T'UD agreenient
9. An am it.10 PUD Hat,
10. 2 Copies of the cornplete applictlitin packet (dents 1.9)
Ptocesu
Apply. Phinner reviews case for completeness and sends to Engineering for referral comments. Case Planner returns coirutents to applicant.
Applicant makes required changed to amended plat. Applicant make required changed to the PUD Plitt and submits 2 signed niylir copies of the
amended plat with a recording fee of $l 11 first page and $10 for cucli additional papa. flat is routed for Community Development Pircetor and City
Engineer's sibn:ilune and then tukun to ilia Pilkin Comity Recorder's Officc for recording.
MA`!-22-2000 MCN 01:08 Pip FAX N0, e P. 04
ASPEN/PiTKIN
COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and SMUGGLER HOME OWNERS' ASSOCIATION
(hereinafter APPLICANT) AGREE AS FOLLOWS:
I. APPLICANT has submined to CITY an application for
(hereinafter, THE PROJECT). r.
2. APPLICANT understands and agrees that City of Asper, Ordinance No. 45 (Series of 1999)
esta'lishes a fee st-ucrure for Land Use applications and the payment of all processing fees is a c,mdition precedent
to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it
is not possible at this time to ascertain i-w fall extent of the costs involved in processing, the application.
APPLICANT and CiTY further abree :hat it is in the interest of the parties that APPLICANT make payment of an
initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a rnonihly basis.
APPLICANT agrees additional costs may accrue following their hearings andlor approvals. APPLICANT agrees he
will 'oe benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are Lwurred. CITY agrees it will be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application,
4. CiTY and APPLICANT further agree that it is impracticable for CITY sta''f to complete
processing or present sufficient information to the Planning, Commission andlor City Council to enable the Planning
Commission and/or City Council to make lega:ly required findings for project consideration, unless current billings
are paid in full prior to decision.
S. Therefore, APPLICANT agrees that i:t consideration, of the CI TY's waiver of its right to collect
full fees prior to a determinadca of application completeness, APPLICANT shall pay an initial deposit in the
amount of $ 6 5 0 . 0 0 which is for _ hours of Community Development staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay add tiona: monthly billings to CITY to rein*ursc
the CITY for the processing of the application mentioned above, inciudirg post approval review. Such periodic
payments shall be made within 30 days of the billing date. ;APPLICANT futiher agrees that failure to pay such
accreted costs shnii be grounds for suspension of processing, and it no case will building permits be issued until all
costs :associated with case processing have been paid.
CITY OF ASPEN
J c Ann Woods
„ ontmunity Development Director
g:\s u ppo rt\fo rms\a grpay ns.doc
12i2'1/"
APPLICANT.
Smuggler Home Owners' Association
By: . President
Dale:
Mailing Address:
301 Oak Lane
Aspen, CO 81611
• 0
Smuggler Home Owners' Association
301 OAK LANE
Aspen, Colorado 81611
September 6, 2000
James Lindt, Planner
Aspen/Pitkin Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Smuggler Mobile Home Park Insubstantial PUD Amendment/Change of Name
Dear James:
Per requirement No. 5 of the Pre -Application Conference Summary, this letter is to advise
you that at the Annual Meeting of the Smuggler Home Owners' Association for 2000 a vote was
held for the sole purpose of voting on the proposed change of name of the subdivision. At that
meeting the vote was duly conducted approving the change of name of the subdivision from
Smuggler Mobile Home Park Subdivision to Smuggler Park Subdivision.
Very truly yours,
Smuggler Home Owners' Association
ByAMk Hesselschwerdt, President
L7-
SMUGGLER
PARK
SUBDIVISION
VICINITY MAP
,t�'S �-f: I " = 2OM'
TICc: According to Colorado law you must commence any legal action ���6�� :ad upon any defect in this survey within ;i: years after you first discover Alpine
:h defect. In no event may any action based upon any defect in this survey
commenced more than ten rears from the date of the certification shown;
a
a ,
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ILORETTA MANNER PR!!CIAE PLAN AND SUBDIVISION AGREEMKNT
►ItKIN OTY, RECORDER
phi�OR
6 3 r3 IN
SMUGGLER MOBILE HOME PAPK
This Prsoisa P1, and eubfl !ion Agreement is made
and entered into thi day of Ft� F� 1992, by
and bntween THE CITY rKOEN COLO u , e r� ni-oi'Al Corporation
(hereinafter referred to as "Cityy"), and ASP N MOUNTAIN PARK,
A Colorado general partnership (hereinafter rwferrnd to As
"the Owner"), the SMUGOLER MOBILE HOMCOWNERS' ASSOCIATION, A
Colorado Cooperative (hereinafter referred to an the "Asancl.-
ation"), And PITKIN LTU., a Colorado Corpnration.
RECITALS
!I 1. The Owner has submitted to the City for Approval,
!I execution and recordation, rnd the Asloeiation han and by
I those presents tines ratify the final pint And dnvnlopment p1An
of a tract of land lituato within thin City of Aspen, Colorado,
legally dancirihAtl nn Rxhihit "A" attAuhed h►:reto and ineorhor.atntl
iherei, by this reference, and deaignntnd as "Smuggler Mobile
Nome +nrV (*The Plat") i and
2. The real property cov#+rnd by the Plat is zoned
es R Specially Planned Aran. ("BPS")! And
3. The City has fully considered The Plat, the
propnnnd development, the improvement of the lAnd and the
burdans to he impnned upon other Adjoining or neicghboring
properties by rnasnn of the proponed dnvelop.nent an-1 improve-
ment of land includod in the Plate and
4. Upon Agreement of the Owner to the matters
herein described, And subject to all of the re uirem^nts,
terms and conditions of the City of Aspen subdivision regula-
tions now in effect And other. laws, rules and regulations As
are appliCAbla, tho City in willing to Adopt, Approve, nxecute
and accept the Plat for recordation nnrl to Approve the (1,-vnlop-
ment plan for the property covered by the Plat An a Prneisn
Plan for the FpeCiAlly Planned Area of wh.icn the Exhibit "A"
property is n ,part, all to the end that those shell then and
thereupon constitute subdivision approval to thn extent shown
ti ib ti i th d eI meat lan and a Precise
on the Plat ana 06Cr Of n e ev p p.
Plan for the arerR within the meaning And intent of Article VII
of Chapter 24 of the Municipal Code of the City of Aspen,
Colorado ("Aspen Municipal Code")l and
y
•, y
4
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r m424 f vA731 f :
5. The City has imposed certain conditions and
requirements in connection with its approval, execution and
recordation of thn Plat, such matters being necessary to
protect, promote, and enhance the public welfarel and
6. The Owner is willing to acknowledge, accept,
by and faithfully perform the conditions and require -
imposed by the City in approving thi Platj and
7. Under the authority of Section 20-16(c) and
of the Aspen Municipal Code, Colorado, the City is
to assurance that the matters hereinafter agreed to
faithfully performed by the Ownery and
en-
8. The submitted plat asrumes and anticipates two
distinct developments - viz., the one shown on the Plat and
hereinafter described ancT—the other, herein referred to as
"Pitkin Reserve", which is to be developed by its owner,
Pitkin Ltd., on other real property more particularly described
on Exhibit "B" heretol and
9. Pursuant to and in accordance wl,.h the development
approvals for the Pitkin Reserve development, Fitkin Ltd.
shall enter into a subdivision and P.U.D. agreement with the
City, which, upon its execution, shall and hereby is incorpor&te
herein by this reference) and
10. Pitkin Ltd. is the trannferee from the Owner of
the "free market" development rights, which are to result from
and, as hereinafter provided, are conditioned upon the develop-
ment activity herein contemplated, and as such understands,
agrees and acknowledges that, as hereinafter described, the
Smuggler Mobile Home Park and Pitkin Reserve developments are
interrelated in that (a) fulfillment of the terms, conditions
and requirements of the City as contained herein (with respect
to the Smuggler Mobile Home Park:) is a pre -condition to the
approvals granted to Pitkin Ltd. and that (b) a certificate(s)
of occupancy on "free-market" units to be developed on the
Pitkin Reneti% parcel or any other "free-market" development
rights accruino as a result of the approvals granted herein
shall not issue until the City is satisfied that all of the
terms, conditions and requirements set forth herein with
respect to the Smuggler Mobile Home Park are fulfilled or
adequate provision for their fulfillment made) and
11. The Association, while not the owner or subdivider
of the Smuggler Mobile Home Park, is a contract vendee and
hence, the ultimata usF:r of Parcel A, as such has participated
extensively in the land use approval process culminating in
the development plan hereinafter set forth, which plan proposes
several beneficial concessions to it from both the City and
Owner and, as a result thereof, the Association has undertaken
to assume responsibility and the City agrees to hold the
- 2-
W, I
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p»+'1hwall K/u� 1Y►+r��N/w�LJillvtifN,"�.NM��:+T't� a•MMIi4�1i��f�►°n, � .e
�1K 424 ,a 782
Association as veJl responsible for the completion of certain `
J .�j
subdivision improvements, all :s is more particularly herein-
after described) and
12 • In
both Pitkin Ltd. and ctheiAssociation nshall abeoand fhave becomethe ing, ��
party signatories to this Agreement. NOW THEREFORE,
AGREEMENT
IN CONSIDERATION OF the premises, the mutual covena,its
herein contained, and the approval, execution and acceptance
of the Plat fcr recordation by the City, it is mutually agreed
ar. followal
I.
LFAEMAML DEVELOPMENT PLAN
The' Smuggler Mobile home Park as shown on the Plat
consists of 11.9 acres, more or less, and includes the following
elementne
A. Parcel A. Parcel A consists of approximately
9.144 acres and me�y contain eighty-seven individually desig-
nated mobile home spaces, the open space areas, the trail
easements, the parking spaces and the' internal roadway system,
all as is shown and noted on the Plat. It in anticipated that
this Par^el will by transferred to and thereafter owned by the
Association -- which is a cooporntivp body conaiatinq of the'
promoot ownnrn of mobile' homnR within the Sniuggler Mobile home
Park as it is currently confiqurnd. Thm followinq femturoa
shall further daf.inn and deacr.ihe Par.cn) Al
mobile homee or(any 0 Tle, ewnHoun9%t anyrt�:meAtherernebituate
shell bo and constitute controllAd employee housing and, as
Ruc)), shell be' deed or covenant roctricte(I as set forth in
S,;ction III, Ppragraph A, hcieinbelow.
(2) I,aund!jLmneting Room. A laundry/mooting
room Plat.ehnll Thn structure "will replache
entheNeximEfnghlaundry sown on troom 3t
the Perk, which ip, to by demolished. The design, construction
and materials to k.e utilized in the construction of thu •
laundry/meeting room ahall be approved by the Association.
(3) MnbilA Hrme Relocations; In order to
provide more ev��, ep nag; --he mo �FOmen occupying Space
Numbers 28, IA,74�, ', 74 and B/ will bn relocated from the
spauen which they currently occupy to their rnFtpectivo new
el,acen as shown on the Plat.
-3-
W, 4
1 �
I
1*1
401
NORM , i6; 783
(4) Common Area. Use of the Common Area
i
shall be governed byuc ru ea and regulations as the coopera-
tive may promulgate. rho Common Area shall either remain as
open space or be maintained ae a Parking area. Any development
activity within the Common Area shall require further review
and approval by the City.
Be Parcel U. Parcel D consists of approximately
.316 acres, Ow7neYihl-p'of this Parcel shall remain in Owner.
The existing single story frame Victorian style house presently
situate anent the westiorn border of the Park shall by the
Owner br relocated to :his Parcel and from then and thereafter
this Parcel shall be owned, further improved consistent with
applicable regulations, and marketed as the Owner shall deter-
mine as a "free market unit."
C. Parcel (.1,. Parcel C consists of approximately
1.904 acres and �'hil- e bimproved by the addition of seventeen
(17) mobile home pads and dwellings, together with the parking
facilities ahr)wn on this Plat. The 17 mobile homes shall be
and constitute controlled employee housing units and, as such,
shall be deed or covenant restricted as set forth in Section
III, paragraph D, here:lnbelow.
II D. Parcel 1). Parcel D consists of approximately
41 acres. . Thine pare i shall be disconnected from the City
pursuant to tho appl.i.c+ttion of the Owner ther.nfor, hereto
Attached As Cxhibit "C" and thereafter transferred to Pitkin
County, Colorndo, by 91ft dord .
E. Site Tabulations. The Site Tabulations hereto
attached as Exh=t_ u rdefI_ne end describe further and more
specific allocation of the uses anticipated within Parcels A,
D, C and D.
F. SpeckalLy Planned Area Precise Plat. The I/
property shown on the 'Plat s a Spec a ly Planned Area.-
Consis-tent with the characteriatica thereto pertaining the following/
are hereby confirmed As permitted or conditional use, area and
bulk requirementet
I
�I (1) Parcel A. Parcel A shall be toned as a
Mobile Home Park ("MIiE� , to the end that setbacks between
trailers, accessory structures, parking, utilities, open
space, and the like @hell be examined in the light of use,
area, And bulk requirements pertaining to the MIIP mono districtl
provided however, that in respect of Any nonconforminq features
IIof Nnrcel A thi�'t may exist After completion of the improvements
and the activities contemplated herein and as shown on the
Plat, the City agrees that@
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(a) such nonconformity shall not preclude
1
s,Ibdivision approval or the transfer of Parcel A by the owner
'
ti) the AssociationF and I
(b) The non -conforming features shall by
l
the Association be abated in accordance with and to the extend
rtsquired by the Plan of Abatement hat+to attached as Rxhi-bit
(2) Parcel C. Parcel C shall be toned as a
M14P, to the end that ii"EUac c{�i between trailarc, accessory
svruetures, parking, utilities, open space, and the like shall
b+s examined in the light of use, area and bulk requirements
pertaining to the MIIP Bone districtF Provided, however, that
ilavelop-
any nonconformity between these rec
uirnmento an,S—the
the Plat
y ;;
M�Int activV ias herein contemplate��
and an shown on
shall be a..A remain lawful nonconforming uses and shall be
pIrmitted to remain as such.
(3) Parcel n. Parcel n shall be toned to
rig 11
Residential to the encTTthat all use, area and bulk requre-
R�•15 i
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m,tnts pertaining to such zone district shall apply to Parcel
1'
INTRWY,ATION Or SMi)( IMn monTiF+ IInmr PARK .
---'"AN_I) I'1'PI(�I��fll°!)F�IiVI; !7UI1111V11171)►�..'��-.__
A. Development Assum�ny.-tior7. The submitted Plat
assumes and anticipatO two (TIM—i nc tlpvelopments, viz., the
pie shown on the Plat and herein described, and the otFiar to
o.cur on real property more ppartiVularly descr.br" on rxhihit
"I1" hereto attached. The of,har development -•' tho Pitkin
Reserve Subdivision, which Is being developed ty its owner,
Pltkin Ltd., contempintes tho construction of twelve (12) free
market and one (1) controlled houninq unit. Tt,e ronvergion of
the eighty-seven (R7) exint.ing mobile homes and the real
property (Parcel A) upon which they are situate from their
present uncontrolled status to deed or covenant restricted
employee housing units, as abuvo and below provided, toyrther
with the Installation within Parcel C of the sovwnt;o6n (17)
new nontrollee mobile home units shall Ni nn,I constitute the
employee hnusinq component necessary t.n nuatain the free
market development at Pitkin Rrservn within tho manning of
exceptions to or exemptions from the growth management quota
system of Article Xt Rection 24 of the Aspen Municipal Code.
Although the review process for each development has occurred
indepbndently of the other., each devolopment having bnon re-
viewed on its own merits, for purposes of s'ach exceptions to
11
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I
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�n.A424 i.u, 785
or exemptions from the growth management quota system, it is
agreed and understood that the two developments shall be
considered together as an integrated whole.
A. Interrelatedness of Improvements. In view of
the dual ownereFiIp, nature a_n_4__aiEt_is_0f the developments, and
in consideration of governmental approvals given in connection
with the Smuggler Mobile Home Park and Pitkin Reserve, it is
(a) acknowledged that the performance of the respective obliga-
tions of the Owner relative to the smuggler Mobile Home Park
and of Pitkin Ltd. relative to Pitkin Reserve Are mutually
dependent upon one another and the performance thereof shall
he and remain conditions to the obligations, agreements and
approvals of the City herein made or given or made or given in
respect of any development a-tivities at Pitkin Reserver and
(b) agreed that (i) provision shall be made in a separate
Subdivision/PUD Agreement to which both Pitkin Ltd. and tho
Owner shall become party signatories, for the construction,
installation and erection of improvements within or upon the
Pitkin Reserve Subdivisions and notwithstanding the foregoing
that (ii) An hereinafter used "Improvements" shell be deemed
to rotor only to the improvements, facilities and systems to
be constructed, erected or installed within or upon the property
shown on the Plat and described in Exhibit "A", hereto annexed.
C. Devel_opment Allotments. The City Acknowleges
and agrees that tie conversJ on o?_tie eighty-seven (87) mobile
home units within Parcel A to restricted housing units and the
construction of seventeen (17) new mobil- home pads and homes
within Parcel C shall and pursuant to the exception provisions
to the allotment procedures of the rrowth management quota
system set forth in Soctions 24-11.2(1) and (kj Ones result in
the exception from compliance with the allotment pEncedures of
the growth management quota system of development Activity
consisting of not less than nineteen (19) otherwise ron-,ixer.,c
free-market housing units, twelve (12) of which are to be
employed in connection wit'► the Pitkin Reserve (l.�velopment.
However, it is expressly acknowledged, understood, and agreed
that no certificate(s) of occupancy shall issue on such exempt
free market housing units urtil such time as the City is
satisfied that the obligations of, agreements mate by, and
requirements herein imposed upon the Owner are met by the
Owner.
ti E14PLOYEC HOUSING DEDICATIONS ANG RF.STRL^TONS—�
A. Em to ee Housing Restrictions for Parc:^1 A. Ii,
�T� .. r
consideration for t . granting o t e SPA an au v"��.•e7n
approvals indicated herein and also in consideration of she
approvals given with respect to tha Pitkin Reserve Subdivie.ton,
f� V
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,:?1!C.' ^P•.'��'►AT �','►'�'i',"'rll�Ilh'�MP17w��'"""'� '..-lr
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the) ()weer And the AssociAtion, for thOM@*lves And for their
succeaaors end assigns, hereby covenant with the City of t
Aspen, Pitkin County, Colorado, that anyy mobile home (or
any other dwelling unit) located on or to 1►r. located on Parcel
A shall and hereby is dedicated and restricted for use As''
employee housing AN f011Owee
k
(1) In the case of snle of Any mobile home (or
any other dwelling unit) the following restrictions shall vs h a
applyk'1;., i
(a) The mobile home shall be offered to
sale to persons actuAlly employed within the City of Aspen who
have resided in Pitkin County for a continuous two (2) year,
period immediately prior to their purchase of the mobile home
or, who itt the time Any mobile home is offered for snle, are �r J
rosiding in tho SmuRRlrr Mobiln llamo 11nrk, The employee or
employees who purchase unid mobile home must ngree, ns o if ,;:
condition of sale nnd, in fact, mint personally occupy the
mobile home nit primary residence duritiq the period of owner- I�'r,�( :'_
ship. 4 1 ti
(b) After a period of sixty (60) days,
should there he no qualified purchaser' in categoryy (n) herein-
uhove, the mobile hGmo may thin he offoved for anle and sold
to r['vr4ons employed within )•,tkin County, The employon or
or,r)nvora who purchase said mobile home moat Agree, no n
condition of Anlo And, In fact., must personally occupy the
mobile, home as n primary residence during the period of owner-
ship.
(c) 1hould there he no qualified purchnnorn
in either ente►y,orivA (a) or (b) hereinnbovo, after an additional
sixty (60) day poi lod from •hat not. forth in paragraph (b),
tha mobile hono ma,y thrn hit offorod for snlu to employers
de irg husino,es in Pitkin County for toe nnd occupancy solely
by their emplupoea,
(d) Should there lie no qualified purchasers
in either cntegorien (n), (h) or (c) horeinnhove, after nn
additional sixty (60) day period from thnt set forth in pnrnyrnple
(c) the mobile home mny then be offered for enle to any resident
of Pitkin County. The purchaser or purchsers must ngren as n
condition of sale and, in fnct, must n perAo,eily occu{�y such
mobile home ns n primary place of residence during the period
of ownership.
(e) Prior to the conveyance of nnv inter.ost
in any mobile home nnd prior to the recording of any instrument
cif conveyance, Any prospectivn purchaser of the mohile, home
mrotin the qualifications ns Ihoreinabove met forth shrill ho
n hprove-d in writing by the City or n dneitp,nnthid funer.lonnry
t��creof, In addition, the City shall hnve, the right to onfurco
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1 424 787
the terms and conditions of the above restrictions by iniune- 'f*
tion, abatement, eviction, rescission of the noncomplying
transfer or other a propriate legal action to prevent, enjoin,
AbatA or remedy such violation and shall be entitled to reason-
able attorney's fees in prosecuting said action. Nothinq
herein shall be construed to prevent the City from curing a
violetion of the above requirements as sud prosecuting such
violation as a code violation under the Aspen Municipal Cede,
(f) The City shall be entitled to A tee
of up to one-half (1/2) of one percent of the purchase price
of the mobile home to defray the cost of qualifying prospoctl.ve
purchnyars in accordance with this Agreement. This fee shall.
be payable by the purchaser from and at the time of the closing
of the sale of the mobile homes, shall bear interest At a rate
equal, to two percent (2%) per month while it remains due but
unpaid, and until paid shall constitute a foreclosable lien
against the Mobile home.
(g) In the event of the trnnsfer of
Parcel A to thn AsnO':iation, these restrictions shall not
prc+elude the adoption by the Association in its rulen, requla-
tions or by-laws of a preemptive right of first refusal oxercis-
aFlln by the Association against future snlnn of mobile hc,mes
within Pnr(.,rl At prgvidod, howave+r, that the torms of such
right nhall first die .) ovi+_T'fjy the City and, in any cnRop
thn right shall be exAreipablo only for the purpose of creating
hdditionnl cpnn npacn within Parcel A.
(2) In the case of non -owner occupied mobile
homes at the time hereof existing, the fcllowing occupancy
restrictions and rental limitatirns shall apply)
(a) The mobile home Shall be rented to
employees who have lived in Pitkin County for a minimum of two
(2) cont.nuous years immediately prior to their occupancy, or
to employees of the owner (without a mininum period of residency
within Pitkin County, if the owner is doing business within
Pitkin County);
(b) Should there be no qualified renters
for the mobile home found within twenty (20) dava after a
•notice of availability of space" is given to the City or a
dersignated functionary thereof, the mobile home may be offered
for rent to any employee withiir Pitkin County.
(c) Mobile homes within Parcel A shall be I F.
restricted to "middle income" housing eligibility guidelines )
from time to time establithed by the Cityl provided, however, i
that the aggregate monthly rental that may be charged for a
tenancy(ion) within a mobile home within Parcel A shall not
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1 exceed the leaser of (i) the maximum rent pnrmitted under the
`! I "middle income" housing guidelines; or (ii) the mum of the
i following monthly costs of the owner, if actually ineurredt�
111 trip monthly trailer mortgage; pluo (2) either the owner s
monthly note payment to the Association for the purchase of
the ownmr'a interest in the Association or in the case of an
owner who is not a member of the Association, the monthly
space rent paid by the owner, as below not forth in this
Section II, paragraph A(3)1 plus (3) the amount of any monthly
Amsociatior, assessment for common mxpensest plus (4) twenty-fivu
dollaru ($25.000
(d) Tite qt al if ication of prospec+,ive
tbaiancics within mobile homes within Parcel A from tt.e stand-
point of theac+ eligibility guidelines and rental restrictions
nhnll be done in tho manner herninabovn set forth in this
unction III, paragraph A(1)(a)(e), and the City shall he
entitled to collect a fee of up to ten percent (101) of one
mont.h's rent, payable at the inception of the tenancy byy the
tenant, to defray the Adminintrntivn costs incurred. Ttte
remedies and sanctions nplllicable in the event of any Actual
or attempted violation of these guidelines and restrictions
similarly shall be as net forth in this Section III, paragraph
A(1)(e). In addition to the remedies and sanctions therein
xet forth, in all cases intended by the parties to bn cumulative,
and by virtue of the parties' acknowledgment that Actual
damages would bit difficult, if not impossible, to ascertain,
the parties agree that the City shall be entitled to receive
as liquidatea damages from any owner of Any mobile home that
is rented in violation of these guidelines and restrictions A
sum equal to one hundred and ten percent (110%) of all rentnle
received by much owner.
(3) In the case of a mobile home owned by
other than A member of the Association, the rent that shall be
chnrye•d for the mobile home apace shall not nneend the lennnr
of (i) the maximum rent permitted under the "middle income"
housing guidelines; or (ii) the sum of (1) twenty-five dollars
($25.00), plus (2) the amount of any monthly Amsocinti.on
assessment for common expenses levied against the spacel plus
(3) A sum equal to the payment that would have been payable
monthly to the Association had the mobile home owner elected
to finance to the maximum extent available through the AseOCia-
tion (and upon the terms offered to members of the Association)
the purchase of the interest in the Association that would
entitle the owner to the right to occupy the spnce.
(4) The parties acknowledge and agree that it
is in the better interests of all to promote Parcel A to the
status whereby it shall be owner-occtipied to the maximum
extent by Association members. To this end, after one (1)
-9-
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erI(IK 421 t At"1789
year from the date of recording hereof, the share of membership
in the Association and appurtenant proprietary leasehold to
any mobile home space that is occupied by a mobile home whose
oamer is not a member of the Association may be offered for
enie b the Association member L ee_ the shareholder/propri.etary
leases) and sold to n nerson(e) meet;ng the eligibility g+jidelinei
he+roinabove sot forth in this Section III, Paragraph 1, who
shall install and occupy a mobile homtj upon the spaca. At
such time as a contract for the purct,e.Ia of such nhare of
membership in the Association is outered into, the owner of
the mobile home occupying the speed appurtenant to the membership
share to be transferred (unleea that owiter shall be the trans -
fares of the share, an hereinafter provided) shall he given
written notice thereof and shall have sixty (60) days thereafter
within which to remove hire or her mobile home from Par.:el A to
Klarmit entry of the mobile home of the membership transferee.
atwithstandinp, the foregoing, the owner of t h o mobile home
occupying the apace appurtenant to the memburship share to 1112
trannf.orrod shall he given a written thirty (30) day notice
setting forth his right first to contract for the purchase of
the membership nhare at the price offered. Upon his failure
to exorcise such right, the membership shnro mny then bo sold,
AN Above Mitt forth, to thtiso mooting Ole eligibility Kuidolines
of Section III, paragraph 1.
(5) Upon the i:rnnafer of Pnrcel A to the
Association, thin foregoing occupancy guidelinea and ma1411
rental restrictions it all he incorporated verbatim or by
muit.able reference into the rules, regulations and by-laws
the Association and shnll by it be strictly ,And diligently
enforced, including by eviction for any violAli0n thereof.
nz
of
n
R. rnvlo r 11ounjim Dt'dicatinnm and Rnatriotionm
Perta1.nin to P"rii,4Tyr_. _rn c0na D(erntTun ciT Elie! TrVitii('T-^
atiN(TI1Is on approv T Herein pprn,ited, the Owner. hereby dedicAtea
Pnrcel. C for time as employee housing And hereby ......ci.,;nt-ty with
the City that the mobile homes or any other (I-eiling unit. t)
he located on Parcel C shnl.l And hereby nrr restricted to uh.-
na employee housing puraunnt to Section 2,4-11.4(b)(3) of the
Municipal Cole of the City of Aspen and na such to rental ant',
except ith renpect to i.nitiAl mnlea by the Own+!r na hereinafter
provided, mnles price guidelines An (I
to occupnncy limit:ntionn
not to exceed "middle income" houning eligibility guidelines
from time to time established by the City. however, the
application of such sale price guidelines shall not preclude
the right of the Owner., its successors and nnnigns to market
and nell such mobile homes, at its sole mcrketing discretion,
for up to Seventy Thousand Dollnrs ($10,000.00), which discrction�
in hereby confirmed and agrocd to by the City. For ptirpo9es
of the income category into which Such initial sales shall be
deemed to fall, the City agrees that the income and occupancy
housing eligibility guidelines in effect on September 22,
1980, shall apply. Prior to the sale or rental of any mobile
home within Parcel C, the proposed purchaser or lessee,
as the cane may be, shall first have his
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ttb
year from the data of recording hereof, the share of membership
in the Association and a urtenant
pp proprietary leasehold to
; a.
ar,y mobile hams apace thnr iR occupied by a mobile home whose
owner is not a member of the Association may be offered for
rid;
Salo by tha Association member the shareholder/proprietary
loneee)
and sold to a persons) meeting the eligibility guideline
heroinabovo Sint forth is this Section III Faragraph 1, who
shall install and occupy a mobile home upon the space. At
such time
as a contract for the purchar,o of ouch share of
membership in the Association is enter-M into, the owner of
the mobile hom,r ocdupying the space appurtenant to the membership
share to be transferred (unless that owner shall be the trans-
feree of the nhare, as hereinafter provided) eha11 be. given
written notice thereof and shall hnvo sixty (60) days thereafter
within
wh.irh to remove his or her noM to home Parcel A to
.from
Zppermit entry of the mobile home of tho membership trnnsfereo.
t•withntnndinR the foregoing, the owner of the mobile home
orrupying the spnre nppurtennnt: to the membership nhnre to he
trnnni'errrd nhnll he n written thirty (30) dny notice
,given
Aetting forth hits right first to contract for the purchne0 of
the memhernhip share. at the price offered. l)pon his failure
'
to exercise such right, the membership share may then be sold,
as above set forth, to those meeting, the eligibility guidelineR
or .^,Action III, Pnrtigrnph 1.
(5) upon the trrcnsfer of Pnrc(!l A to tF,es
ARROCintion, the foregpoing occupancy guidelines and sulee And
J.
rental restrictions shn;l be incorporated verbatim or by I
`"
suitable reference into t:he rules, regulations and by-1nwR of
the Association And shall by it be strictly and dt1.iPently
enforced, including by eviction for any violation thereof,
13. Fni)ln y(.e 11ousilig nedic.itlonR and Reetrtctionn
Pertnining_Sn Pnrr�T—�T;-r.cinn -�lir+ rT7�
!
I 1
nl'n:rntTiri n MIJ
al-U I -WI n iil;p`rcivrilp'TerPin ��!rnrtted, the Owner h.erebyants dedi.rntes I
Pnrcol C for one tin employryee. houninp, and hereby covenwith
the City that the mobile Pe
or tiny other dwelling units to I
he locnted on Parcel C Rhnll and hereby Are rentricted to time
nR Amnloyee hounirip pursunnt to Section l.4-ll.h(b)(3) of ChA
Municipal Code of. the City of Asprn and an such to rental and,
except with respect to initial Rnlen by tht! Owner its hereinnfter
provided, R111e8 price guidelines And to occupancy limitntions
not to exceed "middle
income" hou.,ing eligibility guidelines
from time
to time entnhlinhed by the City. However, the
;'` "t'f
npplicntion of such sale price guidelines shall not preclude,)
the right of the � ^:cr, its successors and a.nsifns to market
and bell Ruch mobile homes, at its sole marketing discretion,
-
for up to Seventy Thousand Doll.nra ($70,000.00), which discretion
is hereby confirmed and Agreed to by the City, For purposes
of the income
category into which such inieinl sales shall be ;..
deemed to fall, the City agrees that the income and
occupancy
housing eligibility guidelines in effect on September 22,
1980, shall apply. Prior to the We or rental of any mobile
home within Parcel C, the proposed purchaser or leosee,
ne the rape miy be, shall first have his
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or her eligibility and qualifications under the guidelines
determined and certified in writing byy the City or a dtnignated
functionary thereof. The City shall be entitled to a fee
of up to one-half (112) of one percent of the purchkes price
of the mobile hom+ or ten percent ( 10 Ili of one
month's rent payable from an a .e closinq of �iie sale of
tho mobile home by the purchaser or at the inception of the
tenancy by tho tenant, as the case m,ay be, to d9fray the cost
of qualifying proupective purchasers or tenants in accordance
with this Agreement. Additionally, the remedies and manctionu
npplicnble in the event of any actual or attempted violmtion
of these yyuidelints a,iQ restriotionm shall ba as not forth in
this Aaotlon II, Foragrsphs A(l)(e) and A(;Md).
C. Effect of Employee Houning Dedications)C_o_v_A_n�Anttn_
aid Restrictions None, of the employee hours ng AIcAt of na,
Ur ve►inntm widri+atrirt:iona contained harA'nnhove w1t.h renhetit
t.o 1'Araeln A And C shnll be trlAnsed or waived in Ally reapnut
during the poricxi they Ara binding without the p•:lor conment
of the City rofleeted by remoiution thereof. The dedications,
covenants .and restr.ictionn herein met forth shall be deemed to
run with the lend h.,rnin described (PArceln A and C) And to be
A bonnfit and A burden thoreto And to Anyone Acquiring a
record intornnt therein, and the succesnors, grantees And
tinmigna thereof, as well as being a tx►nefit to and specifically
anfor.ceable by the City. The dodicAtionx, covenantn, find
rnatrietion4 ahAll be and remni.i effective nfornsnid for the
period of the life of the longnat lived member of the premvntly
existing City Council of the City of ARpen, Colorado, plus
twenty-one (21) ysArb, or for A period of fifty (3U) enrm
from the (into of recording hereof in the Pitkin Zounty, Colorado
real pruperty records, whichovnr period is leas.
IV.
CONSTRUCTION UC IMPROVEMENTS
A. Nature And Estimated Costa of Improvements.
Owner hereby ayrei�ii to %e' rnep<ine7» o for tFie maTc.ing An 1'
inntallation of the improvements to be, contained within the
development indicated on the Plat, to the extent require.d by
Fr-ction 10-16(A) of the Muyicirlml Cede. The nature, extant
and ent.imnted CORt of Aur•1 ih1provemc•ntm RhAll Rubstantinlly
conform to the schedule aititled "Smuggler Mobile !tome PArk
Improvementm SChedUle" Arnexed hereto And mAde A part hereof
an Exhibit F, which schec,nle dolinenten sepnrntely the improve-
ments to be undertaken i i connrction with Parcel A (pagee 1'-1
through F-G), the improvements to be undertaken in connection
wcfk, ,'col C (pages r-' through F-10) and designation -f the
pnrtiae to Aftm_I ;;, the rrtsponsibility for continued m,kin►:enance
aftmr ...,,tallati.on of utility impprovementR within PAr,.el A
jpalV4 F-11►. Schedule ,F Alan dnlinentnn the Rr+parAt.e mean of
t t-
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9
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AIN
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Y:. .II -.,.• _ •-,�v.4,rig.'' .�In�iait'a4firr" aZ•oi i"JN+1k. i� l�it`6S;nb�..1...:.�;:. ,
40
i
responsibility for completion of improvements to Parcel A and
the allocation of costs therefor as between the Owner and the
Association (pages F-11 through F-15), pursuant to antecedent
agreement between the Owner anti the Association, which agreement
Is by all parties hereto hereby confirmed, accepted, ratified
and acknowledged. Tall Owner agrees, however, that notwith-
standing the agr.enmrnt Aforesaid with the Association, the
City shall have the right to hold the Owner fully responsible
for the completion of all improvements described within Schedule
F, without prejudice, however, to the ri ht of the Owner to
pi,raue any remedies that shall be avaiIs le to it by reason of
ttie fnilui-e of. the Association to complete the improvements on
its pnrt to be cone pursuant to its Agreement aforesaid, In
the event that tht City shall elect to hold the Owner respon-
nihle for the completion of Any improvements which the Annocin-
tion hew Agreed to complete, An heroin confirmed, the City
shnll thereupon amni,gn unto the Owner the bonofit of all
finnncinl nAmurancem made by the Associntion in Section X
hereinbelow in rtrmpa:t of much impprovementn to the end that
the (honer in its own right shnl1 he entitled to vindicate each
much nnmurnnCn.
A. ronmt.ructlon Schedulo. T.n nccordanen with the
requirements 24-8,9(b) of the
Municipn). Cods, construction of All development mhnll nubntnn-
tinlly conform to the "Construction and Development Schedule"
Annexed hereto And mndn a port hereof As exhibit "C", which
schedule includen the berinning and completion of the improve-
ments,
C. Pnving. of Internnl Road 9 ntem, The parties
ncknowlodgn nncl ngrno tTint: ulirni t`Ti� i:i>mp ri:ii+n of A mnntnr
drninrign nynterr for the �roxii ite ,iron covered by the development
nctivitien contempinted inrein, the Association shall cause
the internal rondwny nyH[Hm for Parcel A to he pnvod At the
Annocintion'n expense, In t1+4 event the AnRocint.ton shell
Nil no to do wlt.hitl itrvAsonnbin period from the tint" i.t.s
obllttation hacnmem H)t ed, the City mhall be enLiLled Lo purnuu
Any and All remedies necessary to secure the mpecific porfor-
mnnce theteof, including, A judicial Action therefor or, extrA-
judicinlly, the right to nssens for the cost of nuch paving
And lion therefor all of Parcel A and individual mobile home
spaces therewithin and foreclose the some in the manner by tie
City deemed most expedient and appropriate. Furthermore, in
all events the City shill be entitled to its coats And rennonnhle
sttorneym fees incurred or occnmionod by Tiny defnull. of 1:11n
Ansoci.ntion in respect of the road pnving,
NON-COMPLIANCE AND RE NEST FOR AMENDMENTS
In the event that the City determi.nen
`i is not Acting in suhmtnntinl complinnce with the
-12-
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{ v xi
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VJ
that the Owner
ter.mm of thin
C
:;'ma►nine,+��asi�s'I�xAa�aaa►t�mr�+w:s�".;
�m424 ,,,!,r,792
agreemet+t, the City may issue and serve upon the Owner a
written order specifying thu alleged non-compliance and requiring
the Owner to cmass and desist from such non-compliancm And
rnctiflthe same within such roaxoneble time as the city may
determine And specify in such order, Within twenty (20) AAys
of the roeelpt of such order, the Owner may file with the City
a notice advising the City that it is in compliance or a
written petition requesting A hearing to determine any one or
both of the followiny mstterst
(a) whether the alleged non-compliance exists or
did exist] or,
(b) whether a varience, extension of time or amend-
ment to this agreemant shall be granted with respect to any
mach non-compliance which is determined to exist.
Uppon the room ippt of" such ppetition, the City shall
promptly no,odula a hearing t:o oonsider the mAttartr tint forth
in the unAmn And dnsint order and in the petition. ?tn hearing
shall be convened And condtictnd pursuant to the proeedurnm
normally nmtnblimhed by the City for other hearings. If the
City dnterminnm by a prnpondnrnnoe of the evidence th+t A
non-compliance nximtm which has not been remndind, it mAyy
issue much complinncn orders Ae may be npproprintnf L_ovided,
hownver., no order terminating Any npprovAl granted hntnMn—
n1ie1T-1ie granted ►1thout a written finding of the City that
clear And convincing evidence wnr.r.nntm such Action And Affording
the Owner A rnnmonabin time to romndy much non-comp'linica. A
final dntorminntion of non-complinncn which has not hniln
rniro%diod or for which no vnriancn has been granted ehA;,l, At
the option of the City, And upon written notice to the Owner
to rminAtA any of the Approvnim contained hmrn,in. At Any much
hearing, thn AnnnciAt.ion nhAll he nntitlnil to rnmhond Anl
present such evidence Am nhnll he mntnr•iAl to the hearing.
In addition to the foregoing, the owner mA
9 gr y, on its
own initintivn, At any time pntftion the City for an nmorldmnnt
to thin Agreement And the exhibits annexed horeto or to extend
any of the time poriodm required for performance. With respect
to the Smuyglar Mobile flomn Pnrk Improvnmrntm Acheduln (rxhihit
Ilr), and the pnvnlopmnnt And Construotion Selinduln (trxhibit rl),
the Owner has made various Asmumhtionm, which thet City hereby
� aeknowladges And Accepts, including the followings
(1) Completion in an expeditious manner of the,
bidding, contractor selection, and inplementition phases to
meet the dates indicatedf
(2) Confirmation of the construction schedule by
anlncted contractorml
-13-
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(3) Availability of the required labor and materials+
during each phase.
The City shall not refuse to extend the time periods
for performance indicated in the Smuggler Mobile Home Park
Schedule or refuse to allow reasonable adjustments to the
Construction Schedule if the Owner demonstrates by a preponder-
ance of the evidence that the reasons for such extension or
said adjustments result from the failure of such assumptions
by reason of events beyond the control of the Owner or are
otherwise beyond the control of the Owner despite good faith
efforts on its part to accomplish this same.
VI.
L'ASF.trNTS, RIGHTS OF WAY AND RELOCATIONS
Thn Attach%4 Plat nets forth certain easemontet,
rights of way and AnticipAted relocAtiunn that will be nncenmary
to cause the improvements Anticipated thereon, which easements,
rights of way and relocations include the followings
A. Trailer Relocations. As shown�p t',� Plat, the
mobile homns occupyTq S;iece Num�re 28, 40, 4,"�, ' 74 and 84
are to be relocated. ThiN will be accomplished as soon as
posbi'lle followinq the tranater of Parcel A to the Association.
The %ost of,rrrlocation is to L•n shared by the Owner and the
Association l&lunnt to ants-edent agreement.
D. Road R..nli n,^.ant. As nhuwn on the Plat:, the
internal road syntom within the Smuggler. Mobile Home Park
shall be realigned to provide more functional turning radii
for emergency vyhirlon. However, due to insuffici.nnt. road
Lights of way, nonAthelesn, All streets anA ronds wi.L'nin the
Park shall be privately mnintALned, including snow removal.
C. Gibson Ave, ism An<l AprucA Street.. An shown on
the Plnt, the Own�rlt�ryily?Irntno to tF�� �3ty for roadway
purrones to AccommodMte thn expar,+ion of Oibson Avenue and
Spruce Street the forty (40) foot easement shown on the Plat
in this proximity, such easement in ref+3renca to Spruce Street
being 5,692 square feet, more or leesl in r+.3ference to Gibson
Avenue (southwest) being 3,372.2Mquare feet, more or. less! And
in reference to Gibson Avencn 09outheast) being 5,459.4 square
feet,more or level all as is shown on tho Plat.
I
U. Assess rasnmmnt. The owner hereby dedicates to
the owner(n) of 0bi7n Fomen nrn7 apmems �+ithin Parcel C seems
to and egress from Parcel C over the roads and over any paths
and ways shown within Parcel A on the Plat.
-14-
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E. Utilities and Drainage. There is hereby sntab-
lished and agreeTTia_Fween't s C ty ainj the owner necousary
easements for the relocation, installation and maintenance of
Utilities and the establishment and maintenance of drainage,
as su.'h easements may be specifically set forth on the utility
sheets, the utility relocation sheets, and the drainage sheets
as appended to the Plat. The partios recognize, however, that
consistent with prudent constructic.1 decisions to be mac9e
during the improvement phase, the location and configuraition
Of utility and drainage easements may be required to be altered
in certain respects, All as shall he disclosed in appropriate
amendments hereto and to the plate incorporated by reference
herein, and that in this respect it is Acknowledged that any
present expectations of individual Association members in —
respect of such easements may be required to be changed accor-
dingly.
R. Miscellaneous. All easements, r:.ghts of w,ay
and relocationsas mayT,5i`_Turth,er shown on the Plat albeit: not
specifically .herein referred to are hereby eatahlished, granted,
dedicated and confirmed by the Owner and authorized and ap-
proved by the City.
vII.
OTHER EXEMPTIONS, RXCEPTIONS OR DEDICATIONS
In Accordance with Section 20-18 of the Aspen Municipal
Code, the following exemptions and dedications applyr
A. lNem tp ions. The following exemptions or excep-
tions from the alb otmont procedure of the growth management
quota system ("GMP") apply in respect of the parcels and
development activity hereir, described and shown on the Platt
(1) Parcel A. As indicated above, no new
housing units are to be added to Parcel A and no developm•ant
activity within the purview of the GMP is to occur on Parcel
Aj
(2) Parcel n, The City agrees that bath the
creation of Parcel B and thii .•location to it of the single
story frame Victorian style horse, all As above -described, is
ani shall constitute development activity that shall be ex-
cepted from the GMP under Section 24-11.2 of the Aspen Muni-
cipal Code.
(3) Parcel C. The City agrees that the crea-
ti•m of Parcel C and tTTW-1nprovement thereof by the addition
of seventeen (17) new mobile he-res that shall constitute deed
or covenant restricted housing within the meaning of Section
24-11.2(1) of the Aspen Municipal Code shall be excepted from
the develo meet all t
p o ment procedure of the GMP.
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1.11X 424 , 795
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(4) Parcel D. Parcel D has been proposed for
disconnection from the city and as and upon such shall not
require suhdi.vision revio-s/approval.
33. Park Dedication Fees.
(1) rxemptlons. Pursuant to Aectinn 20-18(7)
of the Aspen Munio al Co ecT ; Ehe City hereby agrees to and
shall exempt from the dedicRtions contemplated by flection
20-18 of the Codn so much of tho ment activity contem-
herein
plated and on the Plat tar Parse C As shall constitute
moderate or low income housing.
(2) Land Dedication. To the extent that an
development activity contem`pM"T_herein and on the Plat for
Parcel C shall constitute middle income housing, as the Owner
may at its discretion determine, albeit within the initial
aisles price constraint herninabove set forth, the owner Agrees
to pay m pArk dedication fee for each such dwelling unit
obil,• dome) that it sells for a sales price in excess
of applicable low or moderate (but in any ense not to exceed
$70,000.00, as above provided) income guidelinen. For purposes
Of oaloulAtinq such fep, the agreed current f"tr mnrknt vn.lun
of tho land referable to each such dwelling unit is ¢2S,o0Q.Or)
one percent 0%) of which shall bn multiplied by the number bit"
residenta for each such dwelling unit As that number shall bn
determined under Section 20-18(1) of thn Aspen MunicipAl Code.
Because it cannot yet be known whathnr a park dedication fie
will be payable, given the discretion of the Owner to sell
such dwelling units at a low, moderate or middle income level,
the City through its Finance Director a9 evidenced below
hereby agruen that (A) the park dnrlicntion fom if Any, payable
in roapect of Any dwelling tinits to bn installed within Pnrcnl
C, need not hi paid until but shall be paid At the closing of
the sale of any dwelling unit for which a park dedication fee
is payabler and (b) that sufficient reasons and assura.ices of
payment exist to warrant the foregoing pontponoment of payment
And the recordation of the Plnt in Advance of such pnymrntj
prnvidrd, however, that Lhe Owner hor.ehy nckiiowlydgnn Anil
COIIMFi s 6WI: upon the recording hereof in the Pitki.n County,
Colorado real property rocords, this Agroemenk nhnll consti-
tute a limn upon no much of Paren) C and Any dwelling unit
thereon for which A park dMicAtioil fen shall become payAble,
an above prodded, to secure the payment thereof. Furthermore,
any instrument of conveyance to any mobile home transferred
without payment of the park dedication fee, if due, shall be a
nullity until such time as the required fee, if any, in paid.
-16-
s,
V
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0
VIII.
WATER AVAILA81LITY
0
Water lines shall be installed consistent with the
provisions contained within the utility sheets, water line
details and the costs of such installation shall be thooe
estimated amounts as set forth on Exhibit "E" hereto annexed.
The City agrees upon approval of, this Agreement and the Plat
through its water department to supply water consistent with
the proper servicing of the needs of the improvements to be
constructed at Smuggler Mobile Home Park as above -described,
and in this respect the City agrees that the tap fees to be
charged in connection with the water servicing of Parcel C
will be based upon the tap fee schedule in effect and applicable
as of September 27, 1980.
IX.
8 NER AVAILAAILITY
Sewer lines shall be installed consistent with the
provisions contained within the utility sheets, sewer line
details and the costa of such installation shall be thown-
estimnted amounts as met forth on Fxhibl.t "F" hereto annexed.
The City agrees, upon approval of this agreement and the Plat
by the Metropolitan Sanitation District that sewer services
are fully available for the devolorMent anticipated on the
Plat, and that the eati.mated costs for sewer tape and rr\Intod
fens connected with the installation and hook-up of Ruch Power
services ale estimated to be the Crum of $13,600.00, which
amount was prepaid by the Owner at the behest of the Sanitation
rist:ict prior to December 31, 1991, in order to secure the
nrz,re favorable rRte structure then in effect. The availability
of much mower services shall be provided by the Sanitation
District in R manner that conforms to the estimated construction
and development achodule as met forth In Fxh.ibit "F" attached
hereto.
X.
FINANCIAL ASSURANCES
Purmunnt to Section 20-16(C) of the Muricipal Code,
the Owner and the Association (to the extent of i.ts undertaking
it, respect of the improvements) hereby a to i y agree g provide a
guaranty in the sum of $463,883.50, which sum represents the
estimated cost of 1001 of that portion of the improvements not �.
forth and allocated under Fxhibit F hereto for which the City, i
through the City Engineer, has requested financial assurance.
That portion of the improvements for which financial assurance
has been requested and which hereby is mg;eed to be givnn is
described on Cxhibit "H" hereto. The yunranty to be pro-
vided by Owner anti the Association (to thn r.xtent of its
undertaking in rospect of the improvements) shall be in the
form of a cash escrow with the City or R bank or savings and
-17-
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W, 10
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A A
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Mid�w�✓'?'.t.i �.�.i+.w�'.w61I7fMu1r/�.i.�.�+�.yal .:
10 0 5:
1413424 I,,Lc 7J7 `
loan aaeociationp or shall be in the form of an irrevocable
eight draft or letter of commitment from a financially tespon-
sible lender) and such guaranty shall give the City the uncondi-
tional right, upon default by the Owner, or its successor or
assigns or the Association, as the case may be depending upon
the nature of such default, to withdraw funds upon demand to
partially or fully complete and/or pay for any improvements or
pay any outstanding bills for work done thereon by any party.
As portions of,the improvements required aro completed, the
City Enginee_ shall inspect them, end upon approval and accep-
tance, he shall authorize the release of they agreed estimated
cost for that portion of the improvemental provided, however,
that ten percent (;lo%) of the estimated cost shall be wit"iheld
until all prop)sed im;,ruvement■ are completed and approved by
the City Engineer. Unless otherwise agreed during the -ours,"
of construction of tha improvements the financial assurances
herein provided may be amortised 1,n the manner set forth in
the Progress Chart Release Schedule attached hereto as Exhibit
»I»
It is the express understanding of the partieei that
the procedure set forth in praragraph IV pertaining to tVa
procedure for default and amendment of this agreement stiall
not be required with respect to the enforcement and implementei-
tion of financial assurances and guaranties to be provided by
Owner an set forth above and required by Section 20-16(c) of
the Municipal Code.
XI.
MISCBLLANECUS
A. The provision■ hereof shall be bindinq upon and
inure to the banotit of the Owner and City and their r,4eFuocti.ve
successors and assigns.
A. This agreement shall be subject vo and construed
accordance with the lawn of the State of Colorado.
C. if any of the provisions of tn.Ls agreement or
any paragraph, sentence, clause, phrase, word, or section or
the application thereof in any circumstances is invalidated,
such ittvali.dity shall not affect the validity of the remainder
of this agreement, and the Application of any such provision,
paragraph, sentence, clause, phrase, word, or section in any
other circumstance shell not be effected thereby.
D. This Precise Plan and Subdivision Agreement
contains the entire understanding between the parties he+rnin
with respect to tha tr:nnsactiona contemplated hereunder and
may be altered or amended from time to time only by written
instruments executed by all parties hereto.
-18-
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11
�,
^t�nK
in t
contract are forumerical convenience only arnddinshilland titsenotabeedeemedhis
determinative of thu substance contained herein. As used
herein, where the context requires, tho use of the singular
shall include the plural and the use of any gender shall
include all genders.
r. In
more the performanceofothe rf
terms,c•onditions, provisions,%'llY to effectuate and covenant
and agreements herein contained, the parties agree that this
Precise Plan and Subdivision Agreement for Smuggler Mobile
Home Park shall, by the City, to recorded in the Pitkin County,
Colorado real property records.
IG. Notices to be given to the parties to this
agreement shall be considered to be given if delivered or if
Ideposited in the United States Mail to the parties by registered
i or certified mail at the addresses indicated below, or such
other addresses as may be Rubutituted upon written notice by
the parties or their successors or assigner
I CITY OF ASPEN
AlIPEN MOUNTAIN PARK
City Manager c/o Robert 11. Hughes, Esq.
130 S. Galena Street OATES, HUGHE3 i KNEZEVICH, P.C.
Aspen, CO 81611 600 E. Hopkins, Suite 200
Aspen, CO 81511
+ SMUGCLER MOBILE HOMEOWNER'S ASSOCIATION
P.O. Box 606
Aspen, CO 81612
hterms,
herein containedshallbe conditions,
deemedcovenants that srundwith iandions
burden the real property more particularly described in Exhibit"
A hereto and any and all owners thereof, their successors,
grantees or assigns, and further shall inure to the benefit of
and be specifically enforceable by or agairst the parties
hereto, their Euccessors, granters or assigns.
IN WITNESS WHEREOF, the parties hereto have hereunto
executed their hands and seals on the dates and year respec-
tively indicated, in full understanding and agreeme,it to the I i
�I +
-19-
JAMlqi�r►sk.�t.+n,.++rs..,�...,a.F..�•yi'Pw�u.+ri,�xr.
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t0lins and conditions herein
II
.4 ATTESTt
a t ryin
c C ty tY C or
ovep this day of
Clt ���1(n
MainkffIrector
4
ATTESTj
a ry-
*:fix 424 im 799
Fa
contained.
CITY OF .ASPEN, a Colorado
Municipalgqrporation
By
V4 an Eds ghay
AS EN M U TA P RR a Colorado
tj
peral p r 1�e
W- t
S N M U TA P
p rtj a
B
n n ge no
� w I
a PAN,
M MU V I M'jnT r
UGGLER MIBILE HOMEOWNERS'
ASSOCIATUN, a Colorado
Cooperative
BY
;raost
PITKIN LTD., a Colorado
corporation,
BY 16.
(-t]
.20-
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Ant. A
00
STATE or COLORADO )
COUNTY Or PITKIN
The foreq q Instrument was acknowledged before me
this day of , 1952, by Herman Edel,
as Mayor, and XAthry Koch, as y erk of the City of
Aspen, a Colorado Municipal Corporation.
WITNESS my hand and official seal.
My commission expire �}/W,�":
My address Ise 7.
I (SAAL) eoxlb//
09
Not r Pu c
STATE OF COLORADO )
COUNTY OF PITKIIT
this �`1 The da folegoinetrument was acknowledged before In
1 y , 1982, by �' T !t� /�I s
' �C, As Genera Partner of ASPEN
i•AR , a Colorado genera partnership.
WITNESS my hand -nd offi i 1 seal.
My commission expir.eseSii:r
GyOO dd�res is i
i S EAL 1
votar Pu c
STATE OF COLORADO )
on.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged befii•e me
this day of — , 1982, b f ;czbe,fh
�a%14n , au rea c ant and("rs;�,ler
as secretary o� SMUGGLER MOBILE HOMF.OWNER8' Af'SUCIA7'IUN, A
Coloredo Cooperative.
WITNESS my hand and official seal.
My commission expires 9•/f'-gy
My address 181 too a-, Napdc+nr, SviAr 2Lb,Arptw. G ti�i/
j%EAL)
i
k. A� -�
tnry hu i lc
-21-
9
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x1w424 w 801
STATE OT COLORADO j
COUNTY OT PITKIN
The for@ in l.nstrument was ackn dgod bato a-ma�
this day o! , lyBZZ byy
asM1�4�Yident, and
_, as Secretary of
FITKIN ., a C01drado corpora on.
WITNPHH my hand and a!!, M 1 goal.
My commission expixesl�r'j(�3
%;� G ad reMal /
TPd-�►L
,, ����'
;,Wo—talrvW ublib
-Z2-
XXHIBIT A - Legal Description, Struggler Mobile Home Lark
BXHIBIT e - Legal Description, pitkin Reserve
EXIIIBIT C - Applicr.t:ion for Disconnection
EXHIBIT D - Site Tabulations
EXHIBIT A - plan of At'atemant
RX1101T it . Sn►ugglar Motile 11omn park
Improvements Schedullo
EX111'8IT Ct - Constructior, and Devalopment Schedule
EXHIBIT H - portion of Improvements to be Financially Secured
E)''.HIn1T I - progress Chart p.elear►: Schedule
6
� �11
PIA,? i
INDEX TO ' 'HIB TS
e, '0
ixa424 iAu803
EXHIBIT A
W, 11
x
it
q
,y 'd
1
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0
! 11r,�•-o.��._�Jiat.r :hLJ fri.r.�M.'jaMi.:•hfi/�MiV%i�'.:...�i.a t �s ^• v.•-n n�.
0
A tracts of land situated. in a portion of the East Aspen Townsite, the
Lest one-half of the southwest ena-quarter and the West Of,s-hslf of the
SoutbaseC•one-quartar of iectiOD 7. Township 10 Soutbs Vaasa 84 West' Of
the 6tb ?.X.2:degcribad as followel'
BEGINNING at Corner No, 10 of the Last Aspen Townsita;
thence North 54*32117" pest 58.10 fast to Corner No. 11 of said East
Aspen Townsitaf '
thence North 66'11l00" vast 142.33 feet;•
tbanee.Nortb 03'10942q West 114.33 fast to Corner No. 16 of said East
• Aspen •Townsital ' . . ' '
thence North 440290220 hest 312.67 fast to Corner No. 25 of said Last
Aspen Townsite along the Northerly boundary.of parcel of land describa,
in nook 2.05 at Pass 579, Pitkin County records] 24 of maid Las! —ASP n
thence North 45 12 59 West 128.83 to Cornor No.
Townsite along a portion of said Northerly boundary;
thence North 24003024" Lase 139,28 feer.f
thence North 37011'41" East 20.25 feet;
thence South 44*35150" East 12.15 feet=
thence North 29*03105" East 102.32 feat &Ions an existing feces and
extension,thereof;.
thence South 4.08 feet$
thence North 37011141" East 154,57 feet=
thence North 78*23115" East 77.68 feet=
thence North 89*57110" *ast 303999.along boundary line described in
Book 280 at Page 827 acid re -recorded in Book 280 at Page 965, Pitkin '
County records; 4
thence South 63'44'45" East 168.08 feet along said boundary line;
thence South 81023'42" East 183.42 feet along said boundary line;
thence South 89*25942" East 98.00 feat along said boundary,line;
thence South 54'34'35" East 64.87 feet along said boundary line;
thence South 52*47148" West 188.36'feat to Cosner NO- 5 .2f said East
Aspen Townsita; -
thence South.34'55118" West 760.18 feet to
The Point of Beginning.
Pitkin County, Colorado•
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EXHIBIT B
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BOUNDARY DESCRIPTION -, Al 24 'w806
A tract of land being part of the SW-1/4 of the SE-1/4 and Lot
14 of Section 1, and the NW-1/4 of the NE-1/4 and Lot 14 of
Section 12 ani part of tract B of the Brown Placer U.S.M.S. No.
15047 and the Nellie Me No. 2 U.C.M.S. No. 15047 together with
a part of Lot 23, Block 2, Pitkin Green Subdivision, all in
Township 10 South, Range 85 West of the Sixth Principal Meridian,
said tract is more fully described as i'ollewst
Beginning at a point on the Northeasterly right of way line of
the Denver and Rio Grande Western Railroad whence the northeast
corner of maid Section 12, a brass cap, bears N 700251070 E
1636.50 feet] Thence along said right-of-way line the fallowing
courses and distances:
S56.101000E 265.52 feet]
380.53 feet along the arc of a curve to the
left having a radius of 523.69 feet]
N82.12100"E 137.57 feet;
248.29 feet along the arc of a curve to the right
having a radius of 623.29 feet to the
intersection with the west line of Lot 1,
Green Acres Subdivisionj Thence South 148.14 feet along
said west line to the intersection with the boundary
described in Book 213 at Page 1631 Thence a'cng said
boundary the following courses and distancet.t
N89.04100"W 190.30 feet]
S40029100"W 59.20 feet;
S81.12100"W 113.20 feet;
S65.51100"W 23.76 feet to the intersection with the
northerly boundary of the Second Aspen Company Subdivisionj
Thence along said northerly bouninry and along the westerly
boundary of said subdivision the following courses and
distances:
S82017100"W 242.94 fert;
N84.18100"W 180.76 feet;
S00026155"E to the centerline of the Roaring Fork
River;
Thence along the centerline of the Roaring Fork River to a
point at the confluence of tho Roaring Fors.
River and Castle Creeks
Thence along the centerline of the Roaring Fork River the
following courses and distances:
N076 27'00"E 268.81 feet]
N08•37100"W 150.33 feet;
N37.28'00"W 66.23 feet]
N45.41100"W 79.88 feet;
N51.OU100"W 76.10 feet;
N62.23100"W 82.10 feetj
Thence departing from said centerline N43411'00"E
213.52 feet to the moat westerly corner of Lot 4,
Pitkin Green Subdivisionj. Thence southeasterly along' the
r• V
�Mrlrliiil�l.d�iltL''La, ��'�.�..J �...Ni►.9�1 �lillil�ri►:'.iw'is�Yi..d.i.xti�FYliL•:e�'�%,Ju(
424 ru.807
southwesterly lines of Lots 4, 5, 6, 7, 9 and 10, Block 1,
Atkin Green Subdivision, said lines being 10 feet from
and parallel to the northeasterly right-cf-way line of the
Denver and Rio Grande Western Railroad, the following
course► and distances:
52.21 feat along the arc of a curve to the
right havii:Q a radius of 1015.37 feet and
whose chord Dears S46041'23"E 52.20 feet;
S459131000E 14'.00 feet;
309.83 feet along• the arc of a curve to the
right having a radius of 1015.37 feet;
827e44'0n"E 01.00 fa,t;
365.21 feet along the arc of a carve to the
left having a radius of 730.80 feet;
S56.22100"E 125.02 feet;
377.83 feet along the arc Lf a curve :.o the
right having a radius of 133.1.57 feet;
S40.08100"E 1:.44 fret to the .asterly line
of said tot 101
Thence along said easterly 1;ne N36"0000"E 33.68 feet
to tho westerly cor-iii!1' of Lot 23, Mock 2, Pitkin
Green Subdivis+..jc,t
Thence along the southerly line of said Iot 23 the following
courses and ei.stances:
S610:4100"E 135.43 feet.;
r!;ts°50'00"E 162.41 feet;
TlJncu 535152100"E 159.49 feet;
Thence S43"12100"E 209.77 feet;
Thence S39004100"E 144.45 feet;
Thence 558*00100"F. 165.01 feet;
Thence S506001C0"E 131.64 feet;
Thence S33°10100"W 191.72 feet to the point of b ning;
E'ccepting therefrom that portion lying within the right of way
of the Denver and Rio Grande Western Railroad.
Ciunty of Pitkin, State of Colorado.
-2-
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BOX ow FILE 213
Af1r111)MENT TO PRrci.;r PLAN Alin 11111nDIVTSION AGRRI:M1yHT
FOR RMIin num MORTLP.IIOMr PAT+K
THIS AMENDMENT in made And entered into as of the
27th day of September, 19R2, by And between the CITY OF
ASPEN, COLORADO, n Municipal corporation ("City"), ASPEN
MOUNTAIN PARK, n Colorado gennral partnership ("Owner"),
the I1MUn1nuxR Mf111ILr 1!OME GWNrRr.' ASSOCIATION, n Colorado
enoperntive 1"Association"1, and PITKIN I.Tn.,,,.p Co4orndn a
corporation 1"Pitkin, Ltd.") . �
RECITALS
1. The City, Owner, the Amsocinfic ii and 1Oitkin _
Ltd. are pnrtion to that certnin Precise Plrin.apd hub-
h tr
division Agreement for Smuggler Mobile Home Pnrk rc+cordnd
in nook 424 At. Pages 700-R45 of the Pitkin County, Colorado
real property recor(ls Ithe "Prnrinn PIAn And Suhdivinion
Agrnemnl�:"1.
2. Puesunnt. t•o llectien V of the Precinn Plan
And Suhdivinion Ayroement:, the Owner on its own initintivo
the
i.s rnt.itiml to petition the City for An mmmnc►ment to
Procine Plan and Subdivision Agrvomnnt and by ]otter Anted
Soptomber 20, 1982. (the "Petition"), the Owner did no
pntitinn the City for An amendmont. to the Precise Plan and
Sjthrlivininn Agrnnmont, nprrifint't11y Soctinn TTI, it thnrnof
with rnripoot• to 1'ml)lnyon Ilrnlni11r1 n#jclirntinnn And Rontriv-
tinnn t.o 11nrrt+l C of the l�mujlnlAr llnijilo home P'irk flub(ii-
vinion, to ennhle the Owner to inervAne the nulling priro
�.
of the mobile homon to bo inntnlled within Parcel. C for the
reasons morn particularly set forth in the Petition, a copy
of which is hereto Annexed as Exhibit "A".
3. Acting through the City Cr.uncil of the City
of Anpon at its duly conntituted mentinq on Septnmbnr 27,
..�.'
19R2, the City, with ennditinnn, nppr.nvod the rurluent Ent
forth in the Petition of the Owner and the pnrt.ien Are
donir•nun of confirming ouch Approvalin this inntrument.
NOW TIIER►;FOt1R,
;
M
i
S
3
1
Par
A111?111)MMIT
ecOK 430 r.tia W
IN CONSIDERATION Or thn premises, the mutual
covonnntn hornin contained, and in the Precise Plan And
Subdivision Agr.eemnnt, the parties hereby ngron to and do
nmond Election III, PnragrAph n of the Proelnn Plan And
fluhdivinion Agrnnment for 11mugg0or Mobile Home Park Subdi-
vininn nn follows, and notwithntnndinq nnyt.hinq in the
Pra(qne P1nn Anti Subdivision A(Iroomnut t.n the contrary
containnd, it in ngrood thnti
I. Increase in tlnllin7 Price. Puhiect to the
conditions bornlnLu7iiw n�+�-fiir1li; �TTin�Nnor nhnll he
entitled, At itn solo mnrkotinet discretion, to nnll each of
the 14' x 701 mobilo homon to he installed within And upon
Pnrrnl C of the Smuqqler Mobile llomn Park Subdivision for
not in excenn of $76,000.00 And ench of the 14' x 601
mrbile homnA to bo nimilnrly inntAllnd for not in oxcnpn of
011,000.00.
rondirionn. Thn incrnnnn, horninAhnvn
provided, in t.h;, n•l'747,n il'n selling pri.ev for thn individuAl
mnbilo 11umnti to hn inntAllnd within And upon Pnreol C of
the smuggler Mobile Homo Park Subdivision in nubinct to And
conditioned upon thn fol.lowingt
A. The nvAilAbilil,y to nnch purehnner of
nnch nurh mohi ii, hnino of I"NMA qunrnntled
finnn(,ing upon tho termn more pnrtioulnrly
domrrthnd in Rxhibit, tY tO the Pntitinn ht+reto
nnnexad An Exhibit "A", and the closing of thn
purchanen of the mobilo homes upon those terms
or, An the cane may be, upon terma , by whatsoever
source offered, not less fnvornblo to the
purchanori and
h. 11ho installation of mobtlo hnmen with
phyninnl rhnrAct•erintir.n anmpArnhlo fn thnnn not
forth in 14xhibil: III to thu 11otition horoto
Annexed nn Exhibit "A".
3. Romni__n�iing� Provinionn Unaffected. Except to
the extent exprnnn�:y rn nA,eve so ort �, the remaining
provisions of. thn Precise Plan And Subdivision Agreement
for Smuggler Mobile 110me Park n'ro unchanged and in effect
- 7 -
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IC
moK439 aaM
An written and rororded in nnok 424 At. PAtIfIR W-RO Of thO
IlItkin County, roInmin rmni proporty roror(Im,
rlq,y or MIMI, m Colormlo
ATTI.STt municipal corporation
)F A
4
FAT i rV-n7jV 11, Citv Clork Ilor-mn EdvI Mnynr
ASPEN NINTAVI I ARK, A Colorn(In
r rt(Y n r) h. i
or
r pnrtne hurt W. Iltullien,
h i Fi A t. tor tiny - i n - f A v t.
SMIMMY1,11 MMTTII: 110pir OVIMPPS1
AnSOCTATION, A CnInmin
AT'r'I:n'rt conpo 1, tit i Vil
TF—c r-(-,I-n 7 y
T.'"T , S T t
nrf.
By
Ppen icent
PTTXTN urn., a Colorado
corporation
Iv' (4 1 A �.n�ez
ic"
3
wifix 43 (%1.216
STM, or COLORADO I
rip;
COUNTY or PITKITI
The f 0 gniow, ng Inj Tnnt WAS ncknOWWd t-inforp me,
thinof -
Hv, by ltnrmnn rW'dn' , Mnyor Of thO
�.
City j7r—Auptiin, r, thl'" cif CnIfirnon.
WITmrsti my hand and nffi(-Inl MmIll,
-4mninn
OA ol
IeX
-V
;Y
r, 7 7=z�-
STATr, or COLOPADO
COUNTY or PITKIN
joO�j by Knthryn Fovhp City Clork,
The for oin in1trilinnnt wnn mcknowl(ldqed boforp mn
1'. hi ti dMy of for
V,
city ;;rAtiptill, Ifirntj, *)P' Colorlld().
V11111111fis my hA1111 A1111 officitAl MMAI .
My comminnion mXpirpoll. 1/1
I I(SUAL)
Attu
—
f 111 1 C
I.
0.
04
04
f
�
STATL Or COLORADO )
i.
I COUNTY or PITKIN 1
Tha foregoing inat.rumnnt wnn ncknowi.ncirind before ma
thin 13ih dny of November, 19R2, by Alnxnnclor r. Lipkin, n
gclnnreI pnrtonr, by Robert 1-1. Ilughns, his nttornny-in-fnct of
Aspen Mountain Pnrk, n Colonrdo ge.nernl pnrtnnrnhip.
WiTNI',SS my hnnd and offivinl Faml.
My rommi.snion expiresr A•IQI•>D�i
AA d r n s n r �Q(�..,�ctr 4.,r;..rKe J.40
o` t
STATr nr COLORW 1
nn.
COUNTY or mi%it1 1
Thn foro(joing ir,ntrumnnt wnn nuknnwleddnd before mn
thin dny of Novombor, 19R2, by
nn PrenTdont of Fmugglnr Mobile llomnc��rnrr a FlFloc n . an, n
Color.ndo cooporntivo.
WITNCFA my hnnd and offieinl sen].
My romminninn r+xpirnHr
Inrnt.)
Addreanc
- S -
yI.
..I
I�i,T.•Lryt iI! �w . v.t .:;s7� Ii• !.� •mow. • w •, r�*. ♦�•.• .�ti.... �• ... • �.
moK439 ►r.413
I1'11ATI" nl' Cnirnl;AVO ►
nn.
c!oUNTY or PITKIN 1
Tha forrgoi.nct inntrument wnn ncknowlndgod heforn inn
1:111s day of Nbvvtnb(vr, 170, by
as flnarntary -)f flmugglmr Mohile ilomnnownurr'li- n"Oe nt on, It
(;olor.ado cooperativn.
WIT;Itrs my hind and offirinl n0111.
My nnmminninn w4p irnnt
( SFAI.)
NATAHY PUll C
Addrenni _
STATII 01' COLOPAnn i
► rim.
COUNTY OF PITKIN 1 �
Thn fnrnctninct inntrumnnt wnn ncknowinclged hnfnrn mn
thin li dny n! Nov�mhnr, 1'+n2, by Illehnrd A. Kne7ovich nn Vico
Prnnic not of I`itkin I,td. , n Cnlnt'ncln rori-nrntinn.
WITNI"M my hnncl nncl off icinl mk'Al-
jjy comminnion ex pirnnl p• N-9y
ulr,\� t'1T11,1C �•t�� q �'•
.
Ad d t' n n n t itAq _,.1�t �!tt♦ ��_
+---
f 0,
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,. •.� � :RP.1��+�.��►M+•>wvn•'.sM4�.etilI+NN1'..,.�'�t�'Jly1, •�,�_.`.. ,�, ',,1 _ ..,., rW. �� ,
.ry JJJJ
f
STATE OF COLORADO )hz
9 +vU219
i, COUNTY OF PITKIN
a ,
Thy fnrogoinq irar.rumnnt wnn naknowl►dgnd beforn mo j y
thip ►r6dRV of Nnvomhor, )9R2, by Robert W. Hughnn As
Z� Rocro►inry of Pitkin Ltd A C 1 r d
., a corporation. I I
WITNESS my hams And oificiAl Aral.
rh�,0,; My commission er.pires►
N C'
Uidrnsm 1 6Q� E. 40 /UAQ ,BOO
tip' —�iT�u ,
z
4
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September 20, 19A2
•
��.�..y y'r `..,�w -.,vx y�•i�LN �}{ +t�. j .. .1 ,,1►;,y1 j1..�I�{obi
aspen Pity Council
C M lie n/pitkin planning Offiee
701 S. Ulens
CCO
Aspen, CO 81611
%jim ler Mobile Flc,�e Subdivision
ItL i parcel t, yg
tn,orwed Seirs price Increase
Irdirs end Grntlrment
s rrqurxls tl►et the Sclae
l,u,ygler Pr,,Plan and Subdivision Agrimm,nt
1h1
be requd to eIIow a sales price ceiling, Lf S7h0 ,00,pO per Mobile home.
RackUrn►j.rd
1'he Prr�ixa plan and Subdivixion Agri-vownt for the Smu,,lglrr Mobile Nun,p park
extabllxhrs esales price ceiling of fl.►,()0U for mew j,jnbjjei tiofetuniPllkln
(S„�tlun 1, Parn,iroph 0, Quoted in Honk 4?A, Pegr>
County real p,npnrty ,rcurdl). ihls price wrx uriginally "O dbll "Pit 1n the
%ettlempnt Aubeement of SUPtvinbor
n���lylur bd%ed oil
llunlf, Addition of
26 unsp,cifird ncbl
the developer is now seeking ri14A financing support for 17 units, which
will provide very attractive u,onthly payments to purchmsers through Intrrest
uettf for these
rate buy -downs. However, constraints plecOd by IIiMA to q Y
loansrein rnt1le eeporticn of which %I ldtheant o'
recoveredifth'isunrquestl'I�srs
endla1{
approved.
Itrc{uest Lit to SI& '
r IWO
This requests an increase in thl Owdb hu lf, -toifdcilitdtr01tIIMAufin1TTCt`g/
mobile hUme4 and $71,00o for 14e6O
requirements.
.XIIIi"II jI
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y
• N
I
Page Two ,
Rationale
l) From the buyers standpSintr _FNMA -assisted financing offers several sigi_
fincent edvantnj�s. - - -- — -- - -
- This program is the only available for combinod purcl.ase of;mobile home
and lot all others ere.
chattel loans for mobile hume and con-
ventional loans for land) The resulting fee simple ownership places
homes more on par with other conventional structures in Aspen.
- Ver s.riet qualification criteria assure that the buyer gets the best
mobfi a home and lot. As outlined in Exhibit 1 (attached), home, foundations,
and siding must be comparable to stick built housing in the Aspen area.
As a consequence the developer is providing the best mobile homes
available (from Century Housing in Fort Morgan, Colorado) with substantial
foundations , site built steps, landscaping, etc.
- On a nonthly cost basis, attractive INMA financing terms mean lower
payments at a $76,000 sales price than separate loans at a $70,000 sales
price. Exhibit 11 compares the two alternatives and indicates thit with
rNIIA s�pported financing (an initial IP1% rate, increasing to the long term
30 year rate of 141•x after 5 years), payments start at $654.00 per month
and increase to $919.00 per month 1n yp4r 6. In contrast, separate
loans for land (15 year, 111%) and nubile Mona (1C yenr, eithpr lf;% thrnugh
IIIA or M through hanks) 00dte a wunthly l+ayment of at 1-,act $l,Ub0,0U
In the first year.
2) To qualify --.for FNMA financing the developer must spend significant additional
Monies on mobile hc,me and siting, which will only be partially cn�arensated-
fur, by a o6,000 sales pricy incrrasp.. To qu41ify for this loan assistance,
the developer will install mobile hc;mps from Century Housinq of Furt Morgan,
Colorado as outlined in the Attached materials (Exhibit 111). These are
among the finest units available, with pitched roofs, substantial insulation,
quality construction materials, etc. In addition, very substantial permanent
concrete foundationr will be installed, with site built steps, fences, trees
and landscaping. The total incremental cost of these homes and improva.alents,
including unrecoverable loan fees from FNMA, is estimated at $10,000.per unit
versus the next less expensive alternatives (not the cricapest)i
The developer simply can not absorb all this cost. Without approval of a
sales price increase, we will have to install lass expensive units without
FNMA financing assistance.
1
.. I
tj
, 7
-I pity COW)Lil
riple;--her 20, 1982
roge Do f-e
muo-439 ,(222
3) Ilithasales_price increase and FNMA financing, all parties benefit.
Purchasers sp`en'd*l-e-s's- o-n--a--monthly -'b-a'si*s' "for a substantially better home
and environment. The developer recovers a po.-.ion of his incremental
costs and benefits from the increased saleabili �y of units with this
financing. The City provides its employees with permanent high quality
hous'ng at an affordable price.
Thank you for your consideration.
Cordially,
SMUG9,L[g LIMIIED
o /inC. IlAwkins
JCH/jt
Enclosure
K&E 19 1134 81552
O O
40RD �
WAMENDED PLAT OF ShiUGGLER
1 I V
S ON
AMENUNG THOSE PLATS � CORDDED JN PLAT BOOK 309 PAGE 20 & PLAT BOOK W9 PAGE 6�
° p D D PLAT
� Dp p PLAT
BOOK
Dp
PARK ORCLE
f
50 100 ISO 200 450FT 78°2515E776a N89oeo1045-9328 �o - - - - ; -� HOMEOWNERS' ASSOCIATION CERTIFICATE
--------------------------
F
u 1 N� o^� \ aq to i
i "M 42>, •�� Kt-10W ALL V1EN I�1' TNEEDE PtZE�E1�1TJ I IAT �1✓I(X� L -, HOVE OWN f�I AS '�I�TIOI�
-/ ,'/ d`�� to <o� 2y, - • 3058 SQ.FT. 56�Oq / \`��.�
E 3 4S o' ,� HE�EDY MAKES f�1�ID DEGLAi2 TI=115 �D A1\/1�NDED PINT OF 51�/f�LEf� P�iZK
THE E5 OF �E_- A,5T= „" 5 2 N M 43 e/s. ��UC'�DIV1510N f�ME�1DIN6Ti- J✓ PUTS �E<O1�DED Il�f PLAT COOK �T PAGE 20 AND I�[�\
THE 6EAfzING A� TR♦CE1-I 1=fzOM v.5. GOAT -n /'� \/0' O nM ry 31 I SOFT �30 ,i / `C�
h h� �30► , h T, C�K 19 AT SAGE <o I O F TT -I E �ECOKP5 Off F I T K IN COUNTY, CO LOB
.6\N.p GEODEnc �v�-T�� ` I � tI A /y_ � a _ - -,.�� � %� a � ° .� @s
II it I I ��t 'I��IJ I-�T�vl y �h --� QP- pw � ��� \ `�
DTATON n A, P-e J , QUAD 3�1 I CXo3 STATION------R� 5 / he 303 h ti 2892 SQ.FT.� `\\
ICE I TO ASPEN AZIMUTH M�\�+G " OFo �°'i2 40. ^�' �� - 5�T1�F�\CTIOI�I OF TNT CITr ENGII�IEf2'ffr AND [ I IE DEPAf�T1 N1ENT O>�� I�ALL �UN TY DEV�LOP�t✓�IENT
22'OE)" E WAS �ED AS TI IE C��515 aM^ Rzer Nam,° 99y/ S9 30 ^° ho m 3>3y
�IGJ MAf' S1 0 S6>°30' /e34 < /
OP l3EAKINC� ON A � e e2 307 � ,� as ss `.\ \\ Ta--If�T T�-i�-130f�D OF DIf�EGT01�> OF THE HOVE OWNEIZ� fi\�.�.IAT10N SI--IALL SIC�fJ TN 15
2744SQ.FT. w sa s,. ry a sg '°o / / PLAT OI-I 13ff_HALF OF THE FF40FE1zTY OvV�IE � AND Tl- ATTHE CINOF A\ -_ � S{--ALL .CAE
=o `° 200 0 0 6i o4 >esoo'o2o y �a2ssssQ.Fr. gF/s ;' ,�\ `L_______________ INDEMNIFIED �AI1 T A�IY CLAIM Tl-I/-`,T t✓I�Y f-Et)UL_T I`�OM WAIVPI-IGT� -IE I�ECx>t;Et✓IENT
�a ��' "ss° h a sae°2I'22" �^ n0 g� o i \\ �\ T SAT AL•L OWNERS OF THE PROf-F�TY 5Iel-1 THE FLAT. IN ALL OTHEf� IZESPEGTS T� IE OI�IC�I1�1 L
�� 3221SQ.FT..o� O - ah 3206SQ. FT. / /-- ' ♦ \` ♦N9000 rLAT� tzEVAIN IN FOizCE. HOME O�✓NEi� AVIATION
MN .3216 SQ.FT, a nh 309 o 3 / i i ` ` `
Ury O N h oa ti°j ry 306 >. M'h n�O 9.Sg , // // `\ \`------------------ 1
02 202 ry rj 0° ;[v N6/o/ .<V �3 (Y ° 0 ry M ' �GG� RUN'
°h O/ h ryh g0 3329SO.FTh 4i9 SSA .Mh P V�O 3362SQ.FT. , ♦ ♦�
° ry <3 0 a----------- - -- - --- -
o� 3446 SQ.FT. `L °° °O 9 ro ra SI FT. •�' 6.0 `' g ' M�'\f NE51=-L--IWEI�DT
S rryo, s. 20A• o ° 207 �rym o ry hM h^ 308 ° �� (g�>o ag /�'E�I DELI T
> o 00 � ° is t•------------
�°� ° N6/o @6 N ,yn 4p i rO 3020 SQ. FT. S 3G j 3 (3y °^03070
'B2@S@2011SOFT.,nq313 n1 nSQ.FT. / ,/ \♦ \\
F w a 3 ��, o M @+,, n 310
>. Cp 7.57 ry 0 3 ry 0 . ,/ ♦ \` 1 ?.TT��T _
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a s,° z �, y " 9 h n 315 h h . cCa1NTOY O�F/�P�I yT�K\INyy ��)
C 2629 SOFT. O g S 3, 2 2567 SQ.FT ` 2 2091 SQ.FTo M 312 M n , / ♦ ` OJT T E F W L1/ fv'�E)0
h F �t0(I /F ry A ro ( 0 3492 SQ.FT. , ,
h� o`' o`I'yn' `fig s h (g 3s .s\ i •T\ \\
° 2082769 SQ.FT.
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0'7 3364 SOFT. „+ O $ @ g n ,� h a 3218 SQ.FT. go / /------------------------- 2<500 b l K
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6105 - n 2423 SQ.FT. gf /g° Sph O° p 316
M g ° o. 319 o . MY�7MMiON FX PIfzES ° _
1 1 2824SO.FT d O 0 3> M , o of---------____--
t k A M y ? :s` 3438 SQ.FT. , / / �/IT1JE� t✓IY �IP\f�(D f�1�lD OFI=ICIAL.�EAL_.
I 11 �/4 3602'W BS ah a �' oy L 212 C 215 n 2s 3010SQ.FT. ti 3 v, `° ,' /
107 0 ro M n 1. S 2827 SQ.FT. , oa 0 /
0 2495 SQ.FT. gj ? S9. % O
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00 NC\ 0 S 0 g A 2903SQ.FTOry S, oy ^� @ 2.? y /
It ryV S y \(➢ A p oo ^y' 2!4 (� 217 ^"' n° 3293 SOFT. ,y♦ rrg g yh na 3037SQ. FT. ------------------- - --------------------
M
109 °° 3 M° na Al
2857SQ.FT O`er >,s ^ °2 2S°° 5 O i / ' NOT^fz'Y PcJnLLC
POSTAL �o L y 3 dy = ro 2706 SOFT• g° 2 F, Ua O ryh 0 ° F o0 Q, 320
PAD �a h3 S p2 S >� 2851 SQ.FT,n @° ro 'y g /o ,yI
E.A.T. A. 1 1 a �.: ^� g0 0 @, off\ a^ 216 2!9 �^, no; 6933°, y g 2y, 323 A
O ry S of V 3�. ,� F 3201 SOFT ,` Oi 22'- g0, 0 % 106 !,! °� M n / 3081 SQ.FT. h o'9 M^ S F 2 3482 SOFT CITY ENGINEERS APPROVAL
TIF` 1 lei _ 1 9 ns` .� 9, �a a 2594SO.FT. O ry2962SQFT.°� 9 y g oaMh o� R °
1 > o ,� a M ro h 3° a n 322
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�y y° G 2958SOFT. o „ Los h M s. ° 9' g " g' TH�,\PLATOFSt�ICX►�iz PAtzK 5(JC�DIVISION I5 API�teO✓EP C�YTHE CI
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2 �v o. 9 s 324
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1 y'• n oa . 110 s ao >se� n� b 220 `' 223 a a o3 5-------- 7
PIPES Mry^z2538SQ.FT. 115 ova �O ° a 3@ 2M n 3@�BS4� 3042SQ.FT,-" 399
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9 2 9. 2858SQ.FT. M O p' -- -------------------
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\5 \� o' o °arynh 114 9 hh gi?� oM M ° 227 Mry 4' i' c2
02799SQ.FT. h s M` 3 n a g' COMI JNITY DEVELOPMENT DIRECTORS APPROVAL
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\ ♦ 3 ° o e s\ a ^� o E'
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hSO.
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{- Gco
CLUB
UUL�E ANN W�JJoo4----------
DIET
•rya 61 r`,d S6 OF /
2776 SQ.FT
3 23S < 125 0� ♦�2560SO.FT. g ?O
�i O gg?° M 142 89.6�� e
oa^ PO 12 C�\ s a �0 0
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127 O 2928 SQ.FT. a v 13' O
('y oP
124 o- M 140 s o
2721 SQ. T.3g O 129 royM h oMa S 3099 SO. FT. °O
N 8500
126
. FT. 0 138 SPRUCE STREET EASEMENT
2724 SQ
O S 3449 SQ.FT. AN EASEMENT FOR ROADWAY PURPOSES DESCRIBED AS FOLLOW5 ;
.p,�0 O `� n ° M `\ BEGINNING AT A POINT ON THE NORTHERLY BOUNDARY OF HEREIN
%._._,•,`,..{`="{, V p� pg �° 128 S68o n� ♦ DESCRIBED TRACT;
Iu A
2924 S0.FTT2/S
F
THENCE S 22° 38'4." W 29-28 FEET S •y` `�9 00 6 ' \` THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
v �._ ....... c� UP `° @° 136 \ '31.50 FEET AND A CENTRAL ANL GE OF 47°OG'IG",
a� of THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
o 13O N6SO 3114 S0. FT 287.50 FEET AND A CENTRAL ANGLE. OF Itt''4A'J;+D'; ^ ;. ` 4 \ g yryn02864S0.FT /9,y �� THENCE N 37°Il'41"E 9849 FEET,
- _ _� �����F y �9 PROPERTY DESCRIPTION
� 1; 1 _i:-7 r:' _ ;'e: � `�=•:V`,.:.,-.,- �I; h THENCE N 78°25'I5"E 77.6B FEET TO THE FCIfNT OF BEGINNING.
, _ \ JJ ' i �'( yg `'o. a\ ah �O o N66o
'Yr _"� L_ �r ` C Ln, 0 3, -L °ryy\a I3Z wy° S62 33„ A TRACT OF LAND SITUATED IN A PORTION OF THE EAST ASPEN TOWNSITE ADDITION,
o -^: ��- _ r, . .. ��"• ..`' , /PARK c IN 11iE EAST ONE- HALF OF THE SOUTHWEST ONE -QUARTER AND IN THE WEST ONE-
� ��=;:: T SMUGGLER°� g y0 n 2879 SOFT 6 w GI BSON AVENUE EASEMENTS HALF OF THE SOUTHEAST
•"•'+._l �,, r- t,?!'�'' ice; '� �'� _�,�.,� PARK S, D Ng -QUARTER OF SECTION 7, TOWNSHIP IO SOUTH,
tij O ° 134 EASEMENTS FOR ROADWAY PURPOSES DESCRIBED AS FOLLOWS: RANGE 84- WEST OF THE G TH. FM. , PITKIN COUNTY, COLARADO BEING MORE
[j `� �`� �_,:. /�\ �n �� FULLY DESCRIBED AS FOLLOWS;
��-, '� p,)' h�nM O 347050.FT.ryO (� D
- .._�.- i �,~\r%' �•' SUBDIVISION e ° EASEMENT "A"
y �kI n BEGINNING AT CORNER 10 OF SAID EAST ASPEN TOWNSITE ADDITION;
/.. 'ti .~�'.� �.:; r.�•,. - .,:�;. C gam@ N i 2 ^ THENCE N D
' _ �•. �\ �n ���O� 51F.° 52'17" VJ 58-10 FEET TO GARNER II OF THE EAST ASPEN � U V TOWN -
BEGINNING AT E.A.T.A. 24-,THE MOST WESTERLY POINT ON THE SITE ADDITION
n�D�� n
BOUNDARY OF HEREIN DESCRIBED TRACT; THENCE N r+5°00'00"E 50-00 FEET;
ASPENkj
,� _.
:: t Llt r-> + 1 ,t )! T g g THENCE N 24 05'?.L1." E 82 00 FEET :
��'�>�__ ' _ g' THENCE NA-5°30'00" W 220.31 FEET ;
THENCE 511°57'00"E 139.85FEET;
THENCE N4CE 5 3 OOpOOW 86?7OFEIETEALONGAFENCEANDEXTENTIONTHEREOF;
THENCE N 45°12'5_5" W 8ET
7 95 FEET TO THE FAINT OF BEGINNING.
pF O / THENCE THE FOLLOWING COURSES AND DISTANCES ALON9 SAID FENCE N470100Q°W 10900FEET,
°OOe� EASEMENT "S" N4203000'W 33.00FEET,S53°30W4.00FEET, N45°12'59'W8.0FEET, S45°00'OOW3.00FEETTO
Ih<5 ° RECORDING CERTIFICATE THE POINT OF INTERSECTION WITH LINE 25-24 OF THE EAST ASPEN TOWNSITE ADDITION;
THENCE N450 12'59"W 105.00 FEET TO COR. No.24 OF SAID EAST ASPEN TOWNSITE ADDITION;
I
�\\\\ ``62° _ _
' `;:, SOUTHWESTER
w '`:. �p
� �\ 31�p AME��t��D UNDARY OF HEREIN D SCRIBED TRACT; THENCE N24o05'24"E 61.97 FEET;
THENCE N29 34;00"E 93.55FEET;
THENCE N45°00'00"E 2295 FEET; THENCE S61°4800"E 7.00FEET;
II��PLAT OF SMUC�E� Pfi� SUff)r 10N THENCE SG2°54.'4-I" E 54-58 FEET; THENCE N29°03'05"E IO2.32FEET;
v% �1 "` � �\\ \ySyo�•� MeT \� Wi"t� �EPTED �Of� FI LING IN THE OFFICE OF THENCE 5:!+ 55'16' W 30.2$ FEET; THENCE SOUTH 4 08 FEET;
THE CI-Ef�K ANI� �ECG1�E1� OF PITK N THENCE N 54`52'17" W 5810 FEET Tb THE POINT OF BEGINNING. THENCE N37'1C4("E 154.57FEET;
�\� �/� �y� ,--�� THENCE N.8 25'15'E 77-68 FEET;
I I COLOfF_ -�l/LJ I o
FEET -
VICINITY MAP CAFL 10 \ AT_____-_-- o«rxtc t�.
�� FJ -�� / ------ , THENCE N 1'10' 0"W 3-28
`-)-r4-J-- " ��� `� TN ___________ D,a,`r OF____ .2C �D !� THENCE S21°10 00"W 152-O FEET•
� d------------ ^ THENCE S67°40'00"E 152.00FEE�;
�� ♦\ \ PLAT �----_---- __ AT f `Gt-_--______-__ ^-D THENCE S54°0400'E 150'•OOFEET;
THENCE S44017'00`E 316.50FEET;
-------- THENCE S34°55'18"W 600.18FEET TO THE POINT OF BEGINNING.
NOTE:
\�♦ 1:'1 ITKIt- COUNT- E S THOLE. FUtZ5 P0E OF TH11b 3fzD AWEtJDED FLAT 15 TO CHANGE
\`� GLEfzK A1�1D f �OIzDEJ� THE L-E�A L NAME; Of: � CIDTHE UEtDI V VD10N �-6 TO " SMLEiz PAf, SU13DI V 1510N n
W
NOTICE. According to Colorado law you must commence any legal action Alpine Surveys I nC. Surveyed Revisions Title 3 f�D AM E.1�ID E.0 Job No (� I 17 /
based upon any defect in this survey within years after you first discover
such defect.ln noevent mayanyactionbasetluponanydefectinthissurvey Drafted g.31.W PL.f�T OF SMU6C�LEiz )=��,.K SUL�I�IVI JIOj�I Client 5M(_�-����
be commenced more than ten years from the date of the certification shown
hereon. POSL Office BOX Ino PAiz� HOME..
Aspen, Colorado 81612 AMENDING THOI Dlf PLAT"D OWNEFRSl
303 925 2688 iZECL�I�DED IN PLAT 30/ Atb0 IATION
FAG E 20 � I=LAT L�K 19, FAGIf-Co I .