HomeMy WebLinkAboutcoa.lu.ex.Rivervside Addition Lots 15-19 Book. '4E4
GRA_11 OF EASEMENTS
THIS GRANT OF EASE 1EINTS is made this &Xclay of
Dece:uwer, 1973, between RIVERVIEVd ASSOCIATES, A general partnership,
(hereinafter "Riverview") ; and the CITY OF ASPEN, STATE OF
COLORADO (hereinafter "City) :
WITVESSETH,
That for good and valuable consideration, Riverview
hereby grants unto the City, its successors and assigns, perpetual
non-exclusive easements ten feet (10") in width for the sole and
only purpose of providing a public pedestrian trail through the
Property described in Exhibit A hereto, along the Roaring-Fork
River. This Grant of Easements shall be conditioned upon and
Subject to the City 's obtaining additional public pedestrian
trail easements from the Bureau of Land Management and all other
persons necessary to connect the easements herein granted with
other easements to create an uninterrupted trail along the river
bank of the Roaring Fork River, with access thereto from a public
right of way at both extremities . In the event the Citv is
unable to obtain such additional easements within ten (10) years
from the date of this .Grant of Easements, then these easements
shall become null and void and of no further force and effect
and any interest of the City therein shall revert to the owner,
its nominees , grantees , successors and assigns (of the property
described in Exhibit "A") . The easements herein granted shall be
over, along and across and shall include the following described
property situated in the City of Aspen, County of Pitkin, , State
of Colorado, to-wit:
A pedestrian pathway easement, a part of Lots 15
F
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through 19 , Block 1, Riverside Addition - a part of the
Riverside Placer, MS##3905 A-M - being five (5) feet
on both sides of the following described centerline:
Beginning at a point on the Northerly line of Hopkins
Avenue, being S44 032' E 204 . 72 ft. iro:,i Cor. 7'3, River-
side Placer, (1954 Brass Cap) , thence 1473002 'E 33 . 29
ft. ; thence 7.162°23' E 65. 25 ft. ; thence 1429050 'E
56 . 34 ft. ; thence -:428'21"'1 65 . 12 ft. to a point on
Line 2-3 Riverside Placer.
And also a pedestrian pathway easement being a part of
Tracts C,D,E,F, and G,:z, and I as shown upon plat filed
in Plat Book 2A, Page 262, being a part of the Jennie
V. Lode 174.S#5310 and being five (5) feet on both sides
of the following described centerline:
Beginning at a point being 1432'37"W 93. 97 ft. from Cor.
n3 of the Riverside Placer, (1954 3rass Cap) , thence
S80041 'E 150 .07 ft. ; thence S73° 47' 30" E. 120 . 55 ft.
to line 2-3 of the Jennie V. Lode.
Together with a five foot pedestrian pathway easement
along the westerly boundary of Parcel B.
In the event the intent and purposes of this grant are
abandoned by the City, namely that any completed public pedestrian
trail system shall cease to be used for such purpose for a period
of seven (7) years, then this Grant of Easements may be terminated
by Riverview or its successors, nominees , grantees and assigns,
and in that event, this Grant of Easements shall be of no further
force and effect and the easements herein granted shall revert to
the owner, its nominees, grantees and assigns (of the property
described in Exhibit A) .
IN WITNESS WHEREOF, this Grant of Easements has been
executed the day and year first above written.
RIVERVIEW ASSOCIATES,
a Gener Partn rship
By:
R hard J. :M ekes, Partner.
-2-
STATE OF COLORADO )
ss.
COUNTY OF PITRIN )
The foregoing instrument was acknowledged before me
this day of December; 1973, by RICHARD J. MEE=R, as a
Partner of RIVERVIEW ASSOCIATES, a Colorado General Partnership.
:Fitness my hand and official seal.
My conuission Expires:
Notary Public
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EXHIBIT A
TO CONDOMINIUM DECLARATION
RIVERVIEW CONDOMINIUMS
LEGAL DESCRIPTION:
PARCEL "A"
That part of Lots 15 to 19, Block 1 , RIVERSIDE ADDITION, (being a
part of the Riverside Placer, United States Mineral Survey No. 3905 Am)
and that part of Tracts "C", "D11, "E11, "F11, and 11G", as 'shown upon plat'
filed December 19, 1961 , as Document No. 112585, being a part of the
JENNIE V. LODE, (United States Mineral Survey No. 5310) and being
located in the NW 1/4 NE 1/4 of Section 18, Township 10 South, Range 84
West of the 6th PM, all being more particularly described as follows:
Beginning at the Southwest corner of Lot 15, Block 1 , RIVERSIDE
ADDITION, (said Southwest corner being South 10049' East, a distance
of 117.05 feet from Corner Number 3, of said Riverside Placer) thence
South 75005' East, along the Northerly line of Hopkins Avenue, a distance
of 135 feet, more or less, to a point on the West bank of the Roaring Fork
River;
thence Northerly, along said West bank of the Roaring Fork River, a
distance of 215 feet, more or less, to a point on the Line 2-3 of said
Riverside Placer;
thence North 890461 West, along said Line 2-3 of the Riverside Placer, a
distance of 27 feet, more or less, to a point on Line 2-3 of said JENNIE
V. LODE;
thence North 150301 East, along said Line 2-3 of the JENNIE V. LODE,
a distance of 48 feet, more or less, to a point on the centerline of said
Roaring Fork River;
thence North 680151 West, along said centerline, a distance of 121 feet
thence North 850151 West, along said centerline, a distance of 32 feet;
more or less to the Westerly line of said Tract 11G11 of the JENNIE V.
LODE, said line being the Northerly extension of the Westerly line of
Lot 15, Block 1 , RIVERSIDE ADDITION;
thence South 140541 West, along said Westerly line; a distance of.214 feet,
more or less, to the point of beginning.
COUNTY OF PITKIN, STATE OF COLORADO
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LEGAL DESCRIPTION CONTINUED
PARCEL "B"
LOTS D,E, F, C-QLOCK 25, EAST ASPEN ADDITION TO THE CITY
AND TOWNSITE OF ASPEN.,
and
LOT "D" EAST ASPEN ADDITIONAL TOWNS ITE ADDITION as shown
on the Plat filed as Document No. I b0453 in Book 2A at Page 252 of the
records for Pitkin County, Colorado;
and
TRACTS "H" and "I" as shown upon the Plat filed December 19, 1961
as No. 112585, being part of the JENNIE V. LODE (United States P"'lineral
Survey No. 5310) and in the, NW 1/4 NE 1/4 of Section 18, in Townsite 10
South, Range 84 West of the 6th PM, and being located Northerly of and
adjacent to Lots 13 and 14, Block 1 , RIVERSIDE ADDITION and Northerly
of and adjacent to Lots "D", "E" and "F", Block 25, East Aspen Addition
to the City and Townsite of Aspen, State of Colorado;
All of said above described property being also described by Metes and
Bounds as follows:
A tract of land being part of the JENNIE V. LODE MS 5310, and East Aspen
Addition, situated in Section 18, Township 10 South, Range 84 West of the
6th Principal Meridian, more particularly described as follows:
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Beginning at the SW corner of Lot 15, Block 1 , Riverside Addition, being `
117.05 feet South 10 049' East from Corner 3, Riverside Placer MS 3905 AM
1954 Brass Cap, and 210 Feet South 75 009' East from the Southwest corner
of Block 25, East Aspen Addition; Thence North 14°54' East, 118.80 feet,
to the Point of Beginning; Thence continuing North 14 054' East, to the Center
line of the Roaring Fork River; Thence North 85 015' West, 90.00 feet, more
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or less, along the center line of the Roaring Fork River, to Line 4-1 , Silver
King Lode MS 4746, being the same as line 45-44 Aspen Townsite Addition; p
Thence South 34 045' West along Line 45-44, a distance of 22 feet, more or
less, to the Southerly edge of the Roaring Fork River, Thence Northwesterly
along the Southerly edge of the Roaring Fork River, a distance of 23 feet,
more or less, to the Westerly line of Lot D, Block 25, East Aspen Addition.;
Thence South 14 051' West, 53 feet, more or less, to the Southwest corner
of Lot D, Block 25, East Aspen Addition; Thence South 75 009' East, 65.20
feet; to the Southeast corner of Lot F, Block 25, East Aspen Addition; !
Thence South 00°14' West, 9.31 feet; Thence South 75°09' East, 52.54 feet;
Thence North 14 054' West, 6.75 feet, to the Point of Beginning.
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TOGETHER WITH an easement for right of egress and ingress frorrr East
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Hopkins Avenue, across the Easterly 12 Feet of Lot O, Block 25, East Aspen
Addition to the City of Aspen as described in Deed from Oscar G. Atkisson
and Dorothy F. Atkisson to Evelyn Prockter recorded November 5, 1962
in Book 199 at Page 535. >
COUNTY OF PITKIN, STATE OF COLORADO I
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LAW OFFICES
CLARK, GATES, AUSTIN 8, MCGRATH
600 EAST HOPKINS STREET
BOX 3707
WILLIAM E.CLARK ASPEN,COLORADO 81611
LEONARD M.OATES
RONALD D.AUSTIN 7,� Q AREA CODE 303
J.NICHOLAS MCGRATH,JR. November 28, 1973 TELEPHONE 925-2600
WILLIAM R.JORDAN U1
Mr . Jim Adams , Chairman
City of Aspen Planning and Zoning Commission
Aspen, Colorado 81611
RE: Riverview Condominiums - Subdivision Exemption
Dear Mr . Adams :
This letter is submitted to you as Chairman of the
City of Aspen Planning and Zoning Commission for the purpose of
constituting a formal application by Riverview Associates , a
general partnership, for an exemption from the Subdivision
Regulations of the Aspen Municipal Code as provided for in
Section 20-10 (c) , Exceptions and Exemptions .
The specific ground for granting this exemption is
the consideration that the land upon which the Riverview Con-
dominiums is constructed was platted into lots and blocks known
as Lots 15 to 19, Block 1 , RIVERSIDE ADDITION, prior to the effec-
tive date of Section 20, Subdivisions of the Aspen City Code .
The land has consistently been conveyed as lots and blocks , has
been insured as such and therefore falls within the purview of
Section 20-10 (c) .
The applicant agrees to comply with all design require-
ments of Section 20-7 and will enter into a formal agreement
with this commission to perform all requirements of that provision .
Thank you for your consideration of this application .
Sincerely ,
RONALD D. AUSTIN
ORIGINAL SICNE,,
RONALD D. AUS14i
Attorney for Applicant
Riverview Associates , a
general partnership
RDA:eml
MEMO
TO: CITY COUNCIL MEMBERS
FROM: DAVE ELLIS��,
DATE: OCTOBER 19 , 1976
RE: RIVERVIEW CONDOMINIUM ASSOCIATION
REQUEST FOR FENCE ENCROACHMENT
The engineering department recommends against the granting of
the requested encroachment on Hopkins Street because of the
dead end situation. Contrary to Mr. Martin' s letter, trash
receptacles and parked vehicles do utilize the five foot strip
of right-of-way proposed for the Riverview Condominium' s yard.
During the winter snow storage, parking and turn--around space
is at a premium in this location. It would be best if the trash
receptacle were not in the right-of-way either.
The engineering department is also opposed to the exclusive
utilization of the alley right-of-way by Riverview unless some
benefit can be shown to the general public . Such a benefit
could be the granting by Riverview of a reasonable and use-
able stream margin and trail easement in lieu of the present
"paper" easement.
DE/pab
ASPEN fjOIDOMINIUMS
October 7, 1976
City Council
Aspen, Colorado
Ull
On behalf of the Riverview Condominium Association, I
respectfully request a hearing by the City Council to consider
our request to be permitted to encroach upon a City right-of-way
for the purpose of constructing a two rail split-rail fence. The
proposed location of this fence is as shown on the map and
survey dated October, 1975• The purpose of this fence is to
beautify the Riverview Condominium complex and to add to a
feeling of privacy for those residents. Ne are requesting
this encroachment in order to place a narrow strip of lawn
between the street and the Parking area and in order to avoid
any interference with the existing parking. The fence does
not have a gate of any kind and should not interfere with
on-street parking, snow removal, visability, or traffic flows.
A building permit has been applied for, pending the outcome
of this review.
Sincerely,
Jim Martin
Manager
JTM/cp
Post Office Box 10502 (301 9218310 • Aspen, Colorado 81611
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