HomeMy WebLinkAboutcoa.lu.gm.675 E Durant Ave.A079-992737-182-50101
A079-99
Ift Little Nell Hotel/GMQS Exemp.
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COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5090
City of Aspen
Land Use:
1041
Deposit
1042
Flat Fee
1043
HPC
1046
Zoning and Sign
Referral Fees:
1163
City Engineer
1205
Environmental Health
1190
Housing
Building Fees:
1071
Board of Appeals
1072
Building Permit
1073
Electrical Permit
1074
Energy Code Review
1075
Mechanical Permit
1076
Plan Check
1077
Plumbing Permit
1078
Reinspection
Other Fees:
1006
Copy
1302
GIS Maps
1481
Housing Cash in Lieu
1383
Open Space Cash in Lieu
1383
Park Dedication
1468
Parking Cash in Lieu
Performance Deposit
1268
Public Right-of-way
1164
School District Land Ded.
TOTAL
NAME:
ADDRESS/PROJECT: �+
PHONE:
CHECK#
CASE/PERMIT#: / ' # OF COPIES:
DATE: / i ';� INITIAL: fI
PARCEL 1D 2737-182-50101 9/2/99
CASE NAMEI The Little Nell Hotel GMQS Exemption/ Space Remodel
PROJ ADDR: 675 E. Durant St. CASE TYP: GMQS Exemption
OWN/APP:' Little Nell Hotel/ Den + AD 675 E. Dura St CIS/Z:
REP] Cottle Graybeal Yaw Arch ite ADR: 228 Midland Ave. C/S/Z: BasalUCO/81621
FEES DUE 460 D 160 H FEES RCVD: 620-00
REF: BY�� DUE:
MTG DATE REV BODY PH NOTICED
-------------
CASE NOIA079-99
R: Sarah Oates
STEPS:r
-f DATE OF FINAL ACTION:
REMARKS ` CITY COUNCIL: PZ:
CLOSED: BOA:
611,�
PLAT_SUBMITD: PLAT (BK,PG); ADMIN.] �i n
927-4925
STA
9
DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to
Section 26.304.070, "Development Orders", and Section 26.308.010,
"Vested Property Rights", of the City of Aspen Municipal Code. This Order
shall expire on the day after the third anniversary of the effective date of the
Order, unless a building permit is approved pursuant to Section 26.304.075,
or unless an exemption from expiration, extension or reinstatement is
granted or a revocation is issued by the City Council pursuant to Section
26.308.010.
This Development Order is associated with the property noted below for the
site specific development plan as described below.
Little Nell/Dennis Steffa, 675 East Durant Street, Aspen, CO 81611
Property Owner's Name, Mailing Address and telephone number
675 East Durant Avenue, Aspen, CO 81611
Legal Description and Street Address of Subject Property
Growth Management Quota System Exemption
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Administrative Decision, Approved by Community Development Director, 9/27/99
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
October 22, 1999
Effective Date of Development Order (Same as date of publication of notice of approval.)
October 13, 2002
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration
and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen
Municipal Code.)
Issued this 22nd day of October, 1999, by the City of Aspen Community
Development Director.
Julie Erin Woods, Community Development Director
G. Planning.Aspen.forms.DevOrder
PUBLIC NOTICE
Of
DEVELOPMENT APPROVAL
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right pursuant to the Land Use Code of the
City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the
following described property: Little Nell Hotel at 675 East Durant Street of the City and
Townsite of Aspen, by administrative decision of the Community Development Director.
For further information contact Julie Ann Woods, at the Aspen/Pitkin Community
Development Dept., 130 S. Galena St, Aspen, Colorado (970) 920-5090.
s/Kathryn S. Koch, City Clerk, City of Aspen
Publish in The Aspen Times on October 22, 1999.
MEMORANDUM
TO: Julie Ann Woods, Community Development Director
FROM: Sarah Oates, Zoning Officer- 13-
RE: The Little Nell Hotel, GMQS Exemption
675 E. Durant Avenue
DATE: September 20, 1999
Eric Aanonsen of Cottle Graybeal Yaw Architects, as a representative of The Little Nell
Hotel, owner, has requested an Exemption by the Community Development Director
from the Growth Management Quota System (GMQS) provisions pursuant to Section
26.102.040 of the Land Use Code. The action that triggers the GMQS provisions is a
request to convert one hundred and twenty six (126) square feet of space currently used
as a corridor into net leasable office space. The applicant is only requesting an increase
of six (6) square feet of new net leaseable, as the other one hundred and twenty (120)
square feet is a credit from two earlier remodels in which that amount of net leasable
square footage was eliminated (Permits 8-644 and 0298.1999).
The request qualifies for this exemption by determination that the following conditions
exist:
1. The expansion is not greater than two hundred fifty (250) square feet of net leasable
area in size.
2. The expansion will generate a minimal number of additional employees. Based upon
Staff s calculation, .0315 employees will be generated from the expansion. The .
increase in employees is required to be mitigated through a payment in lieu of the
actual provision of housing. The amount of mitigation is calculated to be $3843.
3. The expansion will generate the demand for a minimal number of parking spaces
associated with the use of the property. The parking space demand attributable to the
expansion is required to be mitigated through a payment in lieu rather than the actual
provision of an additional parking space. The amount of mitigation is calculated to
be $180.
4. The expansion will cause no visual impact upon the neighborhood in that the
expansion is totally contained within the existing building.
5. Overall, there will be minimal, if any, additional demands upon the provision of
public facilities and services due to the expansion.
The Community Development Director may approve an exemption to the GMQS
provisions. For the above noted reasons and findings, I recommend that you approve of
1
•
an exemption for this net leasable area expansion contingent upon payment of fees and
the applicant's acceptance, below.
APPROVED, contingent upon payment of housing and parking space mitigation fees for
a total of four thousand and twenty-hree dollars ($4023):
/y�-✓ �-- date o9
Woods, Community Development Dire r
I, as a person being or representing the applicant, do hereby understand that the
proposed development at property located at 675 E. Durant Avenue in Aspen,
Colorado is subject to the GMQS provisions of Section 26.102.040(A)(1)(c) of the
City of Aspen Land Use Code. In accordance with those provisions The Little
Nell Hotel agrees to pay a housing and parking mitigation fee of a combined total
of $4023, for impacts generated by the proposed development.
date
Eric Aanonsen, Cottle Graybeal Yaw Architects
Representative for The Little Nell Hotel
6k_, � , -5,
cAhome\saraho\planning\insub\neIIGMQS.doc
V,
�J
•
130 S. Galena St.
Aspen CO 81611
(970) 920-5090
(970) 920-5439, fax
Fax
To:
Eric Aanonsen
From:
Sarah Oates
Fax:
927-8578
Pages:
3
Phone:
Date:
September 22, 1999
Re:
Little Nell GMQS
CC:
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
• Comments:
Attached is the GMQS Exemption approval signed by Julie Ann. Please sign the faxed copy and
submit with your change order. I will be out of the office until Monday, but this is all you need from me
to be able to submit.
MEMORANDUM
TO: Sarah Oates, Community Development Department
FROM: Cindy Christensen, Housing Office
DATE: September 16, 1999
RE: Little Nell Hotel GMQS Exemption
Parcel ID No.
ISSUE: The applicant is proposing to increase net leasable square footage by 6 square
feet.
BACKGROUND: According to Section 26.102.040A1c, Expansion of commercial or
office uses:
The expansion of an existing commercial or office use in a building by
not more than 250 net leasable square feet, excluding employee
housing, if it is demonstrated that the expansion will have minimal
impact upon the city. A determination of minimal impact shall require
a demonstration that a minimal number of additional employees will
be generated by the expansion ...
The provision for affordable housing is stated in Section 26.102.060 and the following
standard shall be used in calculating the number of full-time equivalent employees
generated by the proposed development
Commercial Core (CC) 3.50 to 5.25 employees/1,000 sq. ft. (net
and Commercial (C-1) leasable based on review of City Council
Housing Designee
The mitigation required for this increase would be as follows:
6 s.f. - 1,000 X 5.25 = 0.0315 FTE's.
RECOMMENDATION: The applicant has the ability to provide a studio unit to fulfill this
obligation, or due to the fact that the mitigation is a fractional amount, the applicant could
provide a payment -in -lieu fee of 0.0315 X $122,000 = $3,843, which is at the Category 3
rate.
cic: MwordVeferraNtnell. m it
•
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MEMORANDUM
TO: Sarah Oates, Community Development Department
FROM: Cindy Christensen, Housing Office
DATE: September 16, 1999
RE: Little Nell Hotel GMQS Exemption
Parcel ID No.
ISSUE: The applicant is proposing to increase net leasable square footage by 126
square feet.
BACKGROUND: According to Section 26.102.040A1c, Expansion of commercial or
office uses:
The expansion of an existing commercial or office use in a building by
not more than 250 net leasable square feet, excluding employee
housing, if it is demonstrated that the expansion will have minimal
impact upon the city. A determination of minimal impact shall require
a demonstration that a minimal number of additional employees will
be generated by the expansion ...
The provision for affordable housing is stated in Section 26.102.060 and the following
standard shall be used in calculating the number of full-time equivalent employees
generated by the proposed development
Commercial Core (CC) 3.50 to 5.25 employees/1,000 sq. ft. (net
and Commercial (C-1) leasable based on review of City Council
Housing Designee
The mitigation required for this increase would be as follows:
126 s.f. - 1,000 X 5.25 = 0.6615 FTE's.
RECOMMENDATION: The applicant has the ability to provide a studio unit to fulfill this
obligation, or due to the fact that the mitigation is a fractional amount, the applicant could
provide a payment -in -lieu fee of 0.6615 X $122,000 = $80,703, which is at the Category 3
rate.
cic: MwordVeferraNtnell. mit
MEMORANDUM
TO: Plans were routed to those departments checked -off below:
O ........... City Engineer
O ........... Zoning Officer
........... Housing Director
O ......... ar cl�' elf pint
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: Sarah Oates, Zoning Officer
Community Development Department
130 S. Galena St.; Aspen, CO 81611
Phone-920.5441 Fax-920.5439
RE: Little Nell Hotel GMQS Exemption
DATE: September 2, 1999
REFERRAL SCHEDULE
REFERRALS DUE TO PLANNER: September 10,1999
Thank you,
Sarah
•
•
130 S. Galena St.
Aspen CO 81611
(970) 920-5090
(970) 920-5439, fax
FaX
To:
EricgAanonsen
From:
Sarah Oates
Fax:
Pages:
Phone:
Date:
September 17, 1999
Re:
CC:
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
• Comments:
Eric —
Attached please find the figures for the GMQS Exemption from the Housing Office for employee
housing mitigation (sorry for the bad copy). The Housing Office revised their guidelines in June of this
year, and all of the mitigation fees have increased significantly.
Had I any idea of the cost of this mitigation I would have informed you when be first began discussing
this project. On top of the housing mitigation costs there is also a parking impact fee. The calculation
for this is as follows:
2 spaces per 1000 sf. of net leaseable area x $15000 per space = $30,000
125 sf. (actual)/1000= .126 x $30,000 = $3780 due for parking mitigation
Please give me a call when you figure out what the Little Nell and Oilily want to do. If you have
questions about the costs related to the employee housing mitigation call the Housing Office, as I am
not sure how they calculate things.
Regards,
Sarah Oates
AUG.26.1999 2:57PM COTTLE GRAYBEAL YAW
•
NO.681 P.1
COTTLE GRAYBEAL
architects
]FAX TRANSMITTAL
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CC; FAX #:
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IF YOU DO NOT RECEIVE ALL PAGES, OR IF THEY ARE ILLEGIBLE, PLEASE F
CONTACT AT (970) 927-4925. THANK YOUI- �r
Hard copy to follow via: ❑ U.S, Mail ❑ UPS ❑ Fed Ex
510 East Hymn Avenue SU*Q 21 ASPEN, CC 81611 te1 970,925,2867 fax 970.925,8735 e-rro? for d oftes,
P.O. SnK 3507 107 North Fir Street TELLUNDO, CO 81435 tol 970,726.3037 tax 970.728.3236 ogyarcnftectseb °*
P0. Box 6337 37347 U,e. Hwy. 6 ?03 200 AVON, CO 8182o tal 970,748,1516 fax 970J48,1516 compumve.com 'p
AUG.26.1999 2:57PM COTTLE GRAYBEAL YAW
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NO.6B1 P.2
COTTLE GRAYBEAL YAW
arcbitccts
August 26, 1999
Eric Calderon
The Little Nell Hotel
675 E. Durant
Aspen, CO 81611
Eric:
via fax: 920-6359
Enclosed please find a copy of the latest retail space revision per Dennis Stella for your
records. I have also forwarded this information to Oilily's Architects in Amsterdam per
their request, Because we have already received a permit for the original remodel, we are
submitting these revisions as a Change Order to the Building Department which will
probably take three weeks in approvals prior to receiving a building permit for this new
scope of work.
I have reviewed these revisions, which result in an addition of 126 sf. of net leasable
space, with the City Planning and Zoning Department. Due to this gain in net leasable
square footage, we are required to apply for a GMQS Exemption involving a staff review
of the requested area for a nominal review fee. (Note: the review fee for this project is
estimated at $620.) This is a standard process which will take approximately two to three
weeks once we have submitted all the necessary documents to the Building Department,
I have spoken with Sarah Oates in the Planning and Zoning Department to begin this
process and have included a list of items you will need to provide us prior to submitting
drawings.
As you may remember from the documentation and correspondence we provided to the
Building Department in December of 1997, we can apply for additional net leasable
square footage up to 250 sf. through the GMQS exemption process (i,e,, staff review of
approval, no employee generation mitigation), We can also retain any lost net leasable
square footage from previous remodels completed after December 1997. We can recover
the 120 sf. of net leasable lost in the previous spa and retail remodels; and add 6 sf. from
the allowable 250 sf, in order to obtain the 126 sf. we are currently applying for, This
will leave a total of 244 net leasable sf, remaining for future remodeling, Keep in mind
that all net leasable square footage we gain in future remodels is documented and applies
to the 250 sf. cap. Should we exceed this 250 sf., we will be required to submit a GMQS
application involving substantial costs and potential employee generation mitigation.
510 COV HYMV Avenue SUM 21 ASPEN, CC 916l 1 tel 970,925,2867 fax 970.925-2738 rmaw for all0*98;
R0. Sox 3507 107 North Fr Street TELLURIDE, CC s1338 tal 070.728,3037 fax V0,728.3236 ogyarchrtectse
RO. Box 8337 37347 U.B. Hwy, 6 Sub 200 AVON, CO 61820 tol 270,745.1518 fax 970,74s,1518 compuaawe.caM
AUG.26.1999 2:59PM COTTLE GRAYBEAL YAW
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NO.681 'P.3
Please provide the information attached to me as soon as possible so that we can proceed
with the submittal of our $pplication immediately, If you have any questions, please feel
free to call me.
Sincerely,
EA/la
Enclosures
cc: Dennis Steffa, The Little Nell
Sarah Oates, City of Aspen Planning and Zoning
Susan Hayward
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AUeUG.26.1999RI 2:31PMPn A)COTTLE GRAYBEAL YAW NO.674 P.5/6
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
Agroolnelit for cnt OrCify of Aspen pmen plication Fees
CITY OF ASPEN' (hereinafter CITY) and T'Alf' "TTL�r
(hereinafter APPLICANT) AVRL-E AS FOLLOWS:
1. APPLICANTn
has subtnitt/edd toCITY ,an application for
6rmos ry"
(hereinafter, THE PROTECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 49 (Series of 1992)
establishes a fee structure for Land Use applications and the payment of all proeessin- fees is a eondlrion precedent
to a determination of application completeness.
S. 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 The full extent of the vests Involved in processing the application.
APPLICANT and CITY further agree that 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 monthly basis.
APPLICANT agrees additional costs may accrue following their hearirias and/or approvals, APPLICANT agrees he
will be bcmneflted by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costa are incurred. CITY a,.-rees It will be benefited through the greater certainty
of recovering its trill costs to process APPLICANT'S application.
4. CITY and APPLICANT further agrew that it is impracticable for CITY staff to complete
Processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning
Commission and/or City Council to make legally required findings for project consideration, unless torrent billings
are paid In full prior to decision.
5. Therefore, APPLICANC agrees that in consideration of the CIT Y's waiver of its right to collect
full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the
amount of S (60- oo which is for 2" e3 hours of Community Development staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse
the CITY for thr processuio of the application mentioned above, including post approval review. Such periodic
payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such
accrued costs shall be grounds for suspension of processing, and in no case will building perruits be issued witil all
costs associated with case processing have been paid.
CITY OF ASPEN APPLICANT teIn /Y)
_ jH� c�Ti �� rum
>Qy: lay:
ie Ann Woods
ommanity Development Director bate: 1f r
Mailing Addresa:
16 �i
AUG-24-1999 TUE 02:43 PM COMMUNITY DEVELOPMENT FAX NO. 9709205439
.• . •
P. 01
PLANNER:
PROJECT:
REPRESENTATIVE:
OWNER:
TYPE OF APPLICATION;
DESCRIPTION:
CiTY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
Sarah Oates, 920-5441
Eric Aanonson, 927-4925
Little Nell/Oilily
Administrative
GMQS Exemption
DATE: August 24, 1999
Land Use Code Section(s)
26.470.070 GMQS Exemptions, Expansion of Commercial or Office Use
Review by:
Community Development Director
Public Hearing:
No
Referral Agencies:
Housing
Planning Fees:
No Step Planning Deposit ($460)
Referral Agency Fees.
$160
Total Deposit:
$620 (additional hours are billed at a rate of $185/hour)
To apply, submit the following information:
—'7 I. ✓proof of ownership ✓
- -+ 2. ✓ Signed fee agreement ✓
--� 3. ✓Applicant's name, address and telephone number in a letter signed by the applicant which states the name,
address and telephone number of the representative authorized to act on behalf of the applicant.
-� 4. V Street address and legal description of the parcel on which development is proposed to occur, consisting of a
current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing
the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements
affecting the parcel, and demonstrating the owner's right to apply for the Development Application.
• Total deposit for review of the application
6. 2 Copies of the complete application packet and maps.
I iPC — 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1/ea.; Planning Staff= 1
7. An 8 1/2" by I I" vicinity Wrap locating the parcel within the City of Aspen.
✓8. Site map showing placement of improvement
9. Additional materials as required by the specific review. Please refer to the application packet for specific
submittal requirements or to the code sections noted above.
A written description of the proposal and an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include existing
conditions as well as proposed.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is
subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a
legal or vested right.
AUG-13-1999 FRI 01:54 PM ASPEN COMMUNITY DVPT FAX NO. 9709205439 P. 03
0 LAND USE APPLICATION
PROJECT:
Naine: ; e fa i d ce nc�id
Location:
(Indicate street address, lot & block number, legal description where appropriate)
APPLICANT:
Name: 11ne (-' C WrAl &ef
Address: 17 + 51. g li
Phone #: �2 p. (q$(, n n is e a
REPRESENTATIVE:
Name: C2oitle
Address: 22 id Z
Phone #: 927• tr-,, - Fyjz, Aan Sev%
I YF r- Ur HF t'LIGA I IUN: (please ctieck all that apply):
❑
Conditional Use
❑
Conceptual PUD
❑
Conceptual 1istoric Devt.
Special Review
Final PUD (& PUD Amendment)
❑
Final Historic Development
❑
Design Review Appeal
❑
Conceptual SPA
❑
Minor Historic Dcvt.
❑
GMQS Allotment
❑
Final SPA (& SPA Amendment)
Historic Demolition
GMQS Exemption
❑
Subdivision
❑
Historic Designation
❑
ESA - 8040 Greenline, Stream
❑
Subdivision Exemption (includes
❑
Small Lodge Conversion/
Margin, Hallam Lake Bluff,
condominiumization)
Expansion
Mountain View Plane
❑
Lot Split
❑
Temporary Use
❑
Other:
❑
Lot Line Adjustment
Q
Text/Map Amendment
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
Have you attached the following?
[E f Pre -Application Conference Summary
E�r Attaclunent # I, Signed Fee Agreement
[Response to Attachment #2, Dimensional Requirements Form
g Response to Attachment #3, Minimum Submission Contents
RResponse to Attachment #4, Specific Submission Contents
Response to Attachment #5, Review Standards for Your Application N41A
FEES DUE: $
COTTLE GRAYBEAL YAW
architects
September 1, 1999
Sarah Oates
Aspen Community Development
Aspen, CO 81611
Dear Sarah,
I am writing on behalf of the Little Nell Hotel in regards to expanding retails space in the hotel.
We are requesting an increase in net leasable square footage of 126 s.f. over our existing retail
square footage. We are reconfiguring the existing retail space to capture square footage from an
unnecessary corridor (as reviewed with the Building Department).
Additionally, I am including a list of our remodels in the Little Nell hotel since the completion of
our evaluation of approved gross leasable and existing net leasable from December 1997. These
remodels have been completed, and I have listed the net losses/gains of each so that we can
recapture this square footage before we take any from the 250 s.f. cap for exemptions.
Project Permit # Net Leasable Loss/Gain
Spa Remodel 8-644 <61 sq. ft.>
Retail Remodel 0298-1999 <59 sq. ft.>
Locker Room 970-1999 0 sq. ft.
Total <120 sq. ft.>
We have accrued a total net loss of 120 square feet from these projects, and are applying for a net
gain of 126 sq. ft. in the change order.
I have also included a copy of the letter from Sara Thomas regarding the gross and net leasable
analysis.
N:\ACADPROANELL\Oilily\padmin\GMQSI.doc
510 East Hyman Avenue Suite 21 ASPEN, CO 81611 tel 970.925.2867 fax 970.925.3736 e-mail for all offices:
P.O. Box 3507 107 North Fir Street TELLURIDE, CO 81435 tel 970.728.3037 fax 970.728.3236 cgyarchitects®
P.O. Box 6337 37347 U.S. Hwy. 6 Suite 200 AVON, CO 81620 tel 970.748.1516 fax 970.748.1518 compuserve.com
If you have any questions regarding the above mentioned projects, or any of the information I
have provided, please feel free to call me.
Sincerely,
e. 4ew00���
Eric Aanonsen
Cottle Graybeal Yaw Architects
Enclosures
Cc: Eric Calderon, The Little Nell Hotel
Susan Hayward, CGY Architects
N:\ACADPROJ\NELL\Oilily\padmin\GMQS I .doc
AUG-13-1999 FRI 01:56 PM ASPEN COMMUNITY DVPT FAX NO, 9709205439 P. 07
• •
ATTACHMENT 2
DIMENSIONAL REQUIREMENTS FORM
Project: JLy b.,tik (Jell %ial- V-eta;I She Rewkdoj
Applicant: "(�e 1, te- Nell lute(
Location: &7s C-, Piro,,,+ ft" 61e ll _
Lone District.,
Lot Size:
Lot Area:
(for the purposes of calculating Floor Area, I.ot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing: Proposed:
Number of residential units: Existing. Proposed.•
Number of bedrooms: Existing: ._____Proposed:
Proposed % of demolition (Historic properties only):
DIMENSIONS:
Floor Area: Existing:_„__ Allowable:
Principal bldg. height: Existing: Allowable:
Access. bldg. height: Existing: Allowable:
On -Site parking: Existing,- Required.-_
% Site coverage: Existing: Required.
—Proposed-_
—Proposed.-_--...
---proposed:
_Proposed'
_Proposed:
% Open Space: Existing:_ _ Required: Proposed:
Front Setback: Existing: Required: Proposed:
Rear Setback: Existing:_ Required: Proposed. --
Combined F/R: Existing: Required:__„ Proposed:
Side Setback: Existing: ____ Required: Proposed:--.
Side Setback: Existing: Required: Proposed. --
Combined Sides: Existing: Required: Proposed:
Existing non -conformities or encroachments:
Variations requested: _
AUG-13-1999 FRI 01:56 PM ASPEN COMMUNITY DVPT FAX NO. 9709205439
P. 08
ATTACHMENT 3
MINIMUM SUBMISSION CONTENTS
Applicant's name, address and telephone number, contained within a letter signed by the
applicant stating the name, address, and telephone number of the representative
authorized to act on behalf of the applicant.
2. The street address and legal description of the parcel on which development is proposed
to occur.
3. A disclosure of ownership of the parcel on which development is proposed to occur,
consisting of a current certificate from a title insurance company, or attorney licensed to
practice in the State of Colorado, listing the names of all owners of the property, and all
mortgages, judgments, liens, easements, contracts and agreements affecting the parcel,
and demonstrating the owner's right to apply for the Development Application.
—'i 4. An 8 1/2" x I I" vicinity map locating the subject parcel within the City of Aspen.
A site improvement survey including topography and vegetation showing the current
status of the parcel certified by a registered land surveyor, licensed in the State of
Colorado. (This requirement, or any part thereof, may be waived by the Community
Development Department if the project is detenuined not to warrant a survey document.)
AUG-13-1999 FRI 01:56 PM ASPEN COMMUNITY DUPT
0
FAX NO. 9709205439 P. 09
0
ATTACHMENT 4
Specific Submission Contents
CMQS Insubstantial Amendment or Exemption
by Community Development Director
The request for Community Development Director approval of an Insubstantial Amendment or
Exemption shall contain the following items:
1. A written description of the existing conditions on the property which are requested to be
altered via the amendment or exemption.
2. Such site plan drawings or elevations as may be necessary to adequately evaluate the proposed
amendment or exemption.
3. A listing of all previous development approvals granted to the property, with the approximate
dates of said approvals.
4. A copy of any recorded document which affects the proposed development, including but not
limited to recorded plats, agreements and deed restrictions. If changes are proposed to said
recorded documents, these should be "red -lined" onto a copy of the original document.
att4\Vngsdir.doc
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Thank you again for your time and effort_ Feel free to contact me if you need any
additional information.
Sincerely,
Sara Thomas, City Zoning Officer
cc: Stan Clauson, Community Development Director
Julie Ann Woods, Community Development Deputy Director
TOTAL P.02
• i
COTTLE GRAYBEAL YAW
The Little Nell Hotel
Net Leasable Area Analysis
22 October 1997
Revised: 11 November 1997 '
8 December 1997
Notes: 1. Areas below are defined for comparison purposes 1t/ GMP/SPA Precise Plan Submission
dated December 1985 and Commercial G,VIP dated August 1986
2. Net Leasable Areas are defined and tabulated per The City of Aspen Municipal Code.
Non -Net Leasable Areas include: corridors, bathrooms, storage rooms, mechanical/electrical rooms,
shipping/receiving, walk-in coolers
SPA/GMP AREA DESIGNATIONS
1985/1986
1997 comparison
Approved
Gross Leaseable
Net Leaseable
Gross Leaseable
Lodge Operations:
Lodge Rooms
92 rooms
92 rooms
92 rooms
Accessory Food/Beverage:
+
Lodge Restaurant
3,200 sf
2,959 sf
3,740 sf
Lodge Bar/Lounge
1,800 sf
1,492 sf
1,576 sf
Lodge Ski Rest./Bar
5,018 sf
2,088 sf
2,660 sf
Lodge Kitchen
1,000 sf
2,774 sf
5,470 sf
Sub -Total
11,018 sf
9,313 sf
13,446 sf
Accessory Retail:
Total Accessory Retail
500 sf
129 sf
139 sf
Sub -Total
500 sf
129 sf
139 sf
Non-accessory Retail:
Total Retail
12,410 sf
7,121 sf
7,394 sf
Sub -Total
12,410 sf
7,121 sf
7,394 sf
Commercial & Office Space
(West Wing):
Ski Administrative Offices
3,684 sf
3,141 sf
3,299 sf
Ski Administrative Lockers
727 sf
1,287 sf
1,384 sf
Retail
4,868 sf
3,698 sf
3,851 sf
Public Lockers
2,008 sf
3,361 sf
3,476 sf
Public Restrooms
942s(.
959 sf
994 sf
Storage, Corridor, Mechanical, Stair
4,725 sf
--
5,104 sf
Sub -Total
16,954 sf
12,446 sf
18,108 sf
TOTAL
40,882 sf
29,009 sf
39,087 sf
m: wpdocs: nel l: net 10-22.wpd:9769
510 East Hyman Avenue Suite 21 ASPEN, CO 81611 tel 970,925.2867 fax 970.925.3736 e-mail: 7926.MPcompuserve.com
P.O. Box 3507 107 N. Fir St. TELLURIDE, CO 81435 tel 970.728.3037 fax 970.728.3236 a -mail: 103711.605FJcornpuserve.com
THE L ITTLE N ELL
Eric Calderon
Vice President
& General Manager
August 27, 1999
Julie Ann Woods
Community Development Director
City of Aspen
Aspen, CO 81611
Dear Ms. Woods,
This letter will verify that Cottle, Graybeal, Yaw Architects,
610 East Hyman Avenue, Suite 21, Aspen, Colorado 81611,
970 925-2867, is authorized to act on behalf of applicant,
The little Nell.
The street address and legal description (see attached) of the
the parcel is: 631 East Durant Avenue, Aspen, CO 81611.
Also enclosed is the certificate from title insurance and list
of names of owners.
Sincerely,
Eric Calderon
675 EAST DURANT • ASPEN, CO 8161 1 • 970-920-4600 • FAX 970-920-4671)
R AI 6
( FL�f F.111X.
AUG-30-99 MON 05:08 PM CELLO
•
August 30, 1999
FAX N0, 9709272580
•
-/t\l
As,IEN SKIING COMPANY
Aspen-Pitkin Community Development Department
130 S. Galena Street
Aspen, Colorado 81611
Dear Ladies and Gentlemen:
I am an attorney licensed to practice law in Colorado. Aspen Skiing Company, L.L.C. is the
owner, in fee simple, of all of the lots in the Little Nell, P,U.D.U-ots 1 &2) in the City of Aspen,
Colorado. The only mortgage encumbering said property is a security agreement for the benefit of The
Prudential insurance Company of America and First Plaza Group Trust to secure repayment of a loan
made generally to Aspen Skiing Company, L.L.C. The mortgage does not contain any requirement for
notice to the mortgagee for remodeling of the commercial spaces in the Little Nell P.U.D. A copy of the
rtrort&wc agreement and a title insurance policy insuring Aspen Skiing Company's ownership of the
parcels are avylable for inspection in my office.
My direct dial phone number is 923.0523 if you have questions or require additional
information.
Sincerely, )
/1
David M Be lack
Vice President/ General Counsel
cc: Eric Cnlderon
®ranted on nvcNod Pasw
Nntl ULTicc B,%v 1248 .A.aari+, CO 81612
970.925.1220
www,.A,i.,TSf7en. com
P. 02
AUG-30-99 MON 02:24 PM CELLO FAX NO, 9709272580 P. 02
J TICOR TITLFE
IN URAN E
Policy of Title Insurance
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE
PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, TICOR TITLE INSURANCE COMPANY (a Stock
Company), a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss
or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the
Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of:
Title to the estate or interest described in Schedule A being vested otherwise than as stated therein,
2, Any defect in or lien or encumbrance on such title
3. Lack of a right of access to and from the land-, or
4. Unmarketability of such title.
This policy shall not be valid or binding until countersigned below by a validating signatory of the Company.
TICOR TITLE INSURANCE COMPANY
gy President
Attest Secretary
Countersigned' �p
Validating Swarm
TO 1690 (1-66) Amen -an land Tdb A]1OCLahon Omer'* Po1Ky — Pam 8 — 1970 (imendad 10-17-70) CAT NO NNO0483
P. 03
AUG-30-99 MON 02:24 PM CELLO FAX NO. 9709272580
Cp,T, NO, NNO1045 Amer and Title As$cciatron Vwncrs emicy • iaru •
TO 2328 (1te5)
Agent's
Order No.:
OWNERS POLICY
Schedule A
400246-t,
Number
Amount of Insurance T Date of Policy
Premlurn-
OWNERS
0211950
ooc,enber 23 1938
IS_y22.000.000.0y al- 11:�U A.H.
-.
s 14,766.7J j
1. Name of Insured: ASPEN SKI ING COMPANY, a Colorado general partnership
2. Title to the estate or interest covered by this policy at the date hereof is vested in the insured.
3. The estate or interest in the land described or referred to in this Schedule covered by this policy is Fee Simple.
FEE as to Parcel A; and a POSSIBILITY OF REVERTER as to Parcel 8
4. The land referred to in this policy is located in the County of Pltkln
State of Colorado and described as follows:
LEGAL DESCRIPTION SET FORTH ON SHEET ATTACHED HERETO AND BY THIS
REFERENCE INCORPORATED HEREIN AND MADE A PART HEREOF,
Tn,S POLIO 15 VALID ON,' i; 5C..c DUI£ 0 6 ATTACHEG
,AUG-30-99'MON 02:24 P: CELLO
TO 14 ' .-
FAX NO. 9709272580 P. 04
•
Schedule A (Continued)
11W. 0 211950 Order No. 400248-0
The land referred to In this Pol icy is located in the county of Pitkin, State
of Colorado and described as follows:
PARCEL A:
Lots 1 and 2, LITTLE NELL SLIBDiy IS ION, according to the Plat
thereof filed January 30, 1987, in Plat Book 19 at Page
35 of the records I n the of f ice of the CI ark and Recorder
for Pitkin County, Colorado.
PARCEL B :
The "possibility of reverter" created, defined and established in
that certain Deed of Trust from Aspen Skiing Company, a Colorado
general partnership to the Public Trustee of Pitkin County for the
use of The First National Bank of Chicago and Citicorp Real
Estate, Inc., to secure $22,000,000.00, dated December 8, 1988,
and recorded December 9, 1988, in Book 580 at Page 528 and
providing substantially as follows;
Title to Lot 2 is Intended to be conveyed only so long as the
City of Aspen imposes the condition, as set forth in Paragraph
2 of the Statement of Exception fran the Ful I Subdivision
Process for the Purpose of Subdlviing the Little Nell Property
(hereinafter referred to as the "Statement"), as recorded in
Book 528 at Page 845 of the real property records for Pitkin
County, that Aspen Skiing Company must own Lots 1 and 2 for the
subdivision of Lots 1 and 2 to be effective. The title to Lot
2, Little Nell Subdivision, shall automatically revert to
Trustor and the title In Trustee or persons holding by, through
or under Trustee, shall be terminated automatically, when the
City of Aspen no longer requires continuation of ownership by
Aspen Skiing Company as a condition of such parcels being
treated as separate subdivided lots under the Municipal. Code of
the City of Aspen. By way of Illustration, and not Ilmitation,
the occurrence of such event may be evidenced by a document
executed by the mayor, city attorney or other appropriate
official of the City of Aspen stating that the condition set
forth in Paragraph 2 of the Statement Is no longer applicable.
As amplification and clarification, it Is intended by the
provisions set forth herein that, if the interest of Trustor Is
foreclosed upon under this Construction Deed of Trust, Security
Agreement, Fixture Filing and Assignment of Rents, the interest
granted as to lot 2 hereunder shall be deemed a fee simple
determinable subject to a possibility of reverter. The
posslbiIIty of reverter described herein shall not be
(Continued)
AUG-30-99 MON 02:25 PM CELLO
` WJ J
TO by 0 •
' TO 1405 1 (t A7
No. 0--211950
LEGAL DESCR I PT ION - continued
FAX NO. 9709272580 P. 05
•
Schedule (Continued)
Order No.400248 -0
applicable to Lot 1, Littfe Nell subdivision.
AUG-30-99 MON 02:25 PM CELLO FAX NO, 9709272580 P, 06
;,AT NO. NN00W •
TO ISM (I") Owners Policy or StaMo., .Q. Policy
Schedule B
POt.iCY NO, 0 211950 Order No. 400248-0
This policy does not insure against loss or damage by reason of the following:
STANDARD EXCEPTIONS
(a) Rights or claims of parties in possession not shown by the public records,
(b) Easements, or claims of easements, not shown by the public records.
(c) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate
survey or inspection of the premises.
(d) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by
law and not shown by the public records.
(a) Unpatented mining claims; reservations or exceptions In patents or In acts authorizing the Issuance thereof;
water rights, claims or title to water.
(f) Taxes or assessments which are not shown as existing liens by the public records.
SPECIAL EXCEPTIONS
g. Right of the Proprietor of a Vein or Lode to extract and remove his ore
therefrom, should the same be found to penetrate or intersect the premises hereby
granted, as reserved in United States Patent recorded August 26, 1949, in Hook
175 at Page 298.
NOTE: The foregoing exception affects those portions of subject property lying
within Lot 2 of Section 18, Township 10 South, Range 84 West of the 6th P.M.,
sometimes commonly known and referred to as "the Gannon Entry" or as "the Michael
Gannon Entry No. 48".
In. Easement and right of way to construct, maintain and remove sewers, ditches, open
canals, water pipes and appurtenances, and to authorize the construction,
maintenance and removal of the same, as reserved by the City of Aspen, Colorado
in Ordinance No. B-53, Series of 1947, of said City recorded March 17, 1959, In
Book 187 at Page 101, Insofar as the same may affect Lot 2 of Little Nell
Subdlvlslon.
1. Easement and right of way for the use, operation, construction and maintenance of
public utilities to be placed underground and overhead, including, but not
exclusively, power and telephone lines, water lines, gas mains, sewer maps and
other ut1IIt] as easements cf a Iike nature, but excluding roads and surface
easements, as reserved by the City of Aspen, Colorado in Ordinance No. 12, Series
of 1961, of said City recorded February 16, 1962, in Book 196 at Page 521,
insofar as the same may affect Lot 2 of Little Nell Subdivision.
J. SPA Agreement between the City of Aspen, Colorado, a municipal corporation and
home -rule city, and Aspen Skiing Company, a coiorado general partnershlp,
recorded September 5, 1986, in Book 518 at Page 464, as amended by the instrument
(Continued)
AUG-30-99 MON 02:26 PM CELLO FAX NO, 9709272580 P. 07
GAT NO WJ�S 0
TO 1.05 1 0 1� 00
Schedule (Continued)
No. 0-211950 Order No. 400248 -0
EXCEPTIONS - continued
recorded January 30, 1987, in Book 528 at Page 845.
k. Agreement between the City of Aspen, a municipal corporation, and Aspen
Skiing Company, a Colorado corporation, recorded September 5, 1986, in Book
518 at Page 515.
I. Agrement between The Aspen Skiing Company, a Colorado general partnership,
and the City of Aspen, a Colorado municipal corporation, recorded September
5, 1986, In Book 518 at Page 517, and the various easements granted
therein.
M. Letter from the Aspen/Pitkin Planning Office dated March 18, 1986, directed
to Mr. Fred Smith of the Aspen Skiing Company, and recorded September 5,
1986, In Book 518 at Page 525.
n. "Use, Area and Bulk Criterla" and other limitations, as set forth on the
"SPA Precise Plan for the Little Nell Base Development" filed September 5,
1986, in Plat Book 18 at Page 99.
o. Easements as shown on the Plat of Little Nell Subdivision filed July 30,
1987, In Plat Book 19 at Page 35, insofar as the same may affect Lot 2 of
Little Net I Sul division.
p. Declaration of Covenants, Easements and Restrictions by Aspen Skiing
Company, a Colorado general partnership, recorded December 9, 1988, in Book
580 at Page 496,
q. Those covenants, conditions and limitations which are a burden to the
possl bi I ity of reverter 1 dentl f led In Schedule A and set forth In that
certain Deed of Trust from Aspen Skiing Company, a Colorado general
partnership, to the Public Trustee of Pitkin County for the use of The
First National Bank of Chicago and Citicorp Real Estate, Inc., to secure
$22,000,000.00, dated December 8, 1988, recorded December 9, 1988, in Book
580 at Page 526.
r. Leases or binding agreements to lease between Aspen Skiing Company, a
Colorado general partnership, as lessor, and the following lessees:
Shlomo Ben-Hamoo and Dr. Munchles, Inc.
Stalker, Inc.
Moguls of Aspen, Inc.
s. Encroachment of the concrete foundation of the 'Little Nell Hotel' onto
(Continued)
AUG-30-99 MON 02:26 PM CELLO FAX NO. 9709272580 P. 08
CST NC N 4OC313
•
TO t�0: 111b71
Schedule (Continued)
No. Or -0
o- 119s
EXCEPTIONS - continued
property immedi atel y adjof ning subject property on the southwest ( I. e. , Lot
21 of Ute City Addition to the Town of Aspen), as evidenced by Survey No.
88-185 of Alpine Surveys, Inc. dated December 8, 1988, and any related
encroachment of wails, facade, roof and eaves.
t. Deed of Trust from Aspen Skiing Company to the Public Trustee of Pitkin
County for the use of the First National Bank of Chiago and Citicorp Real
Estate, Inc., to secure $22,000,000.00, dated December 8, 1988, and
recorded December 9, 1988, In Book 581 at Page 526.
u. Security interest under the Uniform Commercial Code affecting subject
property, notice of which is given by Security Agreement and Financing
Statement, from Aspen Skiing Company, a Colorado general partnership,
debLtor(s), to Citicorp Real Estate, Inc. and the First National Bank of
Chicago, secured party, recorded December 23, 1988, In Book 581 at Page
805.
AUG-30-99 MON 02:26 PM CELLO FAX NO, 9709272580 P. 09
• CAT. NO. NNO1036
TO 2362 (9-94)
ENDORSEMENT
ISSUED BY
Ticor Title Insurance Company
Attached to and forming a part of Policy of Title Insurance No. 0211950
Order No, 400248
Exceptions No, (a), (b) and (c) are hereby deleted,
Exception No. (f) is hereby amended and modified in its entirety to read as
follows:
(f). Taxes and assessments not yet due and payable, whether assessed or not.
In all other respects, said Policy remains the same.
Nothing herein contained shall be construed as extending or changing the effective date of said policy,
unless otherwise expressly stated.
This endorsement, when countersigned below by a validating signatory, is made a part of said policy
and is subject to the Exclusions from Coverage, schedules, conditions and stipulations therein, except
as modified by the provisions hereof.
IN WITNESS WHEREOF, the Company has caused its corporate name and seal to be hereunto affixed
by its duly authorized officers.
Dated; January 19, 1988
Countersigned:
By Norman E. Larkins
Validating signatory
ENOO 7
TICOR TITLE INSURANCE COMPANY
By +AePresident
Attest Secretary
Principal Office: 6300 Wilshire Boulevard, P. 0. Box 92792, Los Angeles, California 90009
AUG-30-99 MON 02:27 PM CELLO FAX NO. 9709272580 P. 10
(Conditions and S:ipulaaons Contirued and Concluded'rQm Reverse Side of Policy Face)
of any loss or damage for which it is claimed the Company
is liable under this policy shall be furnished to the Company
within 90 days after such loss or damage shall have been
determined and no right of action shall accrue to an insured
claimant until 30 days after such statement shall have
been furnished. Failure to furnish such statement of loss
or damage shall terminate any liability of the Company
under this policy as to such loss or damage.
5. Options to Pay or Otherwise Settle Claims
The Company shall have the option to pay or otherwise
settle for or in the name of an insured claimant any claim
insured against orto terminate all liability and obligations of
the Company hereunder by paying or tendering payment
of the amount of insurance under this policy together with
any costs, attorneys' fees and expenses incurred up to the
time of such payment or tender of payment, by the Insured
claimant and authorized by the Company.
6. Determination end Payment of Loss
(a) The liability of the Company under this policy shall in no
case exceed the least of:
(i) the actual loss of the insured claimant; or
(ii) the amount of insurance stated in Schedule A.
lb) The Company will pay, in addition to any loss insured
against by this policy, all costs imposed upon an insured in
litigation carried on by the Company for such Insured, and
all costs, attorneys' fees and expenses In litigation carried
on by such insured with the written authorization of the
Company.
(c) When liability has been definitely fixed in accordance
with the conditions of this policy, the loss or damage shall
be payable within 30 days thereafter.
7. Limitation of Liability
No claim shall arise or be maintainable under this policy
(a) if the Company, after having received notice of an
alleged defect, lien or encumbrance Insured against here-
under, by litigation cr otherwise, removes such defect, lien
or encumbrance orestablishes the title, as insured, within
a reasonable time after receipt of such notice;
(b) in the event of litigation until there has been a final
determination by a court of competent jurisdiction, and
disposition of all appeals therefrom, adverse to the title, as
insured, as provided in paragraph 3 hereof; or
(c) for liability voluntarily assumed by an insured in settling
any claim or suit without prior written consent of the
Company.
8. Reduction of Liability
All payments under this policy, except payments made for
costs, attomeys' fees and expenses, shall reduce the
amount of the Insurance pro tanto. No payment shall be
made without producing this policy for endorsement of
such payment unless the policy be lost or destroyed, in
which case proof of such loss or destruction shall be
furnished to the satisfaction of the Company.
9, Liability Noncumulative
It is expressly understood that the amount of insurance
under this policy shall be reduced by any amount the
Company may pay under any policy insuring either
(a) a mortgage shown or referred to in Schedule B hereof
which is a lien on the estate or interest covered by this
policy, or (b) a mortgage hereafter executed by an insured
which is a charge or lien on the estate or interest described
or referred to in Schedule A and the amount so paid shall
be deemed a payment under this policy. The Company
shall have the option to apply to the payment of any such
mortgages any amount that otherwise would be payable
hereunder to the insured owner of the estate or Interest
covered by this policy and the amount so paid shall be
deemed a payment under this policy to said insured
owner.
10. Apportionment
If the land described in Schedule A consists of two or more
parcels which are not used as a single site, and a loss is
established affecting one or more of said parcels but not
all, the loss shall be computed and settled on a pro rata
basis as if the amount of insurance under this policy was
divided pro rata as to the value on Date of Policy of each
separate parcel to the whole, exclusive of any improve-
ments made subsequent to Date of Policy, unless a liability
or value has otherwise been agreed upon as to each such
parcel by the Company and the Insured at the time of the
issuance of this policy and shown by an express statement
herein or by an endorsement attached hereto.
11. Subrogation upon Payment or Settlement
Whenever the Company shall have settled a claim under
this policy, all right of subrogation shall vest in the Com-
pany unaffected by any act of the insured claimant. The
Company shall be subrogated to and be entitled to all
rights and remedies which such insured claimant would
have had against any person or property in respect to such
claim had this policy not been issued, and if requested by
the Company, such insured claimant shall transfer to the
Company all rights and remedies against any person or
property necessary in order to perfect such'right of subro-
gation and shall permit the Company to use the name of
such Insured claimant in any transaction or litigation involv-
ing such rights or remedies. If the payment does not cover
the loss of such insured claimant, the Company shall be
subrogated to such rights and remedies in the proportion
which said payment bears to the amount of said loss. If
loss should result from any act of such insured claimant,
such act shall not void this policy, but the Company, in that
event, shall be required to pay only that part of any losses
insured against hereunder which shall exceed the amount,
if any, lost to the Company by reason of the impairment of
the right of subrogation.
12. Liability Limited to this Pollry
This instrument together with all endorsements and other
instruments, if any, attached hereto by the Company is the
entire policy and contract between the insured and the
Company, Any claim of loss or damage, whether or not
based on negligence, and which arises out of the status of
the title to the estate or interest covered hereby or any
action asserting such claim, shall be restricted to the pro-
visions and conditions and stipulations of this policy. No
amendment of or endorsement to this policy can be made
except by writing endorsed hereon or attached hereto
signed by either the President, a Vice President, the
Secretary, an Assistant Secretary, or validating officer
or authorized signatory of the Company.
13. Notices, Where Sent
All notices required to be given the Company and any
statement in writing required to be furnished the Company
shall include the number of this policy and shall be
addressed to its Principal Office, Claims Department.
6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles,
California 90009.
AUG-30-99 MON 10:03 AM (F LO FAX NO. 97 9272580 P. 01/05
0
Aspen Skiing Compiny
Legal Depai tnent
PA. Boy: 1248
&-pon, CO 61612
(970) 923-0524 • Telephone
(970)92J��079 — Nax
facsimiletmstlitw,
To: Jane Stapleton Phone: 920-6360
Fax: 9204670 Re: TIN Deed
From: Auty Vitany Pages; 4
Dabs: August 30, 1999
0 Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Recycle
Let me lmow If this is sufficient
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\%SrnIWvhnyWty DocumarbTaxlstaple ,lw@.hx,doc
AUG-30-99 MON 10:03 AN LO
FAX N0, 9272580
0
P. 02/05
L[ONARO M. OATES
RONALD D. AUr,TIN
J. NICNOLAG MC40ATN, JR
WILLIAM R, JORDAN M
RO\CRT W, MUQNSj1
RICHARD A. KMCSCVICN
JAMC3 R. TRUE
LAW O/rICG3
OATES, AUSTIN, MCGRATH & JORDAN
600 CAST HOPKINS AYKNUC
ASPIEN, COLORADO 01611
Aspen Skiing Corporation
P. O. Box 1248
Aspen, Colorado 81611
May 27, 1980
RE: Little Nell Property
ATTENTION: Jerry Blann, General Manager
Dear Jerry:
mlflE F
r 5 - //'i'
ARIA CODE 303
TELEPHONE YC6-=600
You will please find enclosed herewith the original
Mayor's Deed to the Little Nell Property, which should be
placed in the file. As soon as I have obtained a certified
copy of the Quiet Title Decree and recorded it, 2 will forward
the original to you for your file.
Very truly yours,
OATES, AUSTIN, MCGRATH & JORDAN
c ,
By
Lewd M. Oates
LMO:pb
enclosure
�-- z C7
RUG-30-99 MON 10:03 AM CELLO FAX NO, 9709272580 P. 03/05
UPC/ QLNT CLI WIt"I Dr: ov* Bann or Recorder
Reception
' - N0;
'1'►It•: flta�n }t,tdr 11r1. ....... Cj{ ........•.........•......_.......flay t.r .... .,....../. Y.7...................... lu llte lt•nr IN, our Lord
.t�lLtZ
dn^ tli•.n•,n,l r+lr,I, It IsrdIrd and tt' y.... ..___•,,,_,••„•. Dllliv.•cn the 'MAN ill O1 9'IIIS CI'CY Ul' Atil'liti,
_........ ........ And lhu CI'l'Y (1i' .\ai'1•a, A.,tInA by aml thl•.Iq.lt flu Arrow. 1111%MAN. :1);'.�.....-....
_........................ •, of Ih% C"limly of VI11,111, ;Iwic or Ct,l,nut!•., of the fltst I+•,rt, A•Id ACUFN SKIING
C( 1TOi;n't'10;1, a Ut l;naarc col'flar;lt 30n, 1'. 0. box 1248, Ar;jlell,
1•t el,,. l•„„.,t>- at .. 1'i 0Lin............. ......................... nml
o[ U•,1,, t and pnrl, \tr Ig'ti Is,:1:1'li:
�1'Inh11:tS, M1 lF.n :r„t rt:l)- of Ju..r, A. IN, lira. J. NY. 1>r.Ur•, rourlty Ju11;,• of Pitkitt C•,ttol)', Ftalo INC ('nt,,r'hdu,
In,14,' 1'"++r, .11' t'.1 r• I" its r :�,�. G{:. 1=, Un: 11,.11,•,S t•::,tr:. 1,311,1 It:rl, , nl I.ra,ivlllr. t.n!'•lnlltr, for Oil:-'tltlt,allat i,r Pn.
rllu.tl` fit :•%W l', 'r:tv I: - .I .h,lv �11 (ruo-1 t„I ll,^ n,t'11 alh1:: ftC sll•
Un,ltr lL, i-rd:l'•1•,'t" of C .\ct tl. Cur.;;r 1 1 Tr1'tl„ rt'Vrtl•hr, Nt tLrlr rc•:pt•rll, l` la h't '�1::
c-.s nI. iT.r "nd <I.,v t•: \Sar,h, A. j1. 1S67, 01,11tted "Ai, Art fvr the l:q Of
{bv Inh:,!Jt•u,t•, e,: cCu:• :1e•! To:,n: 1•1•vn th•• I',tbtlr l,nl.'1`- ltcL
1N' j err ;tom'. wI1'•• r,l C'y or mar••?,, t.ru: tI.10n:,n•1 rivlit lii,nilred ant' r1re
11ty.flvr. phl••nt t111 Fre• for en0,1 '1'unn.
r1'c t„.:J•1 �. \1'. •.,;v It, 1rw;t ,:::,r,.ra':y{-f. 1:1,:.u,,e v,t.v ...
7tTt,l lnxlr:.�, c. trribinrr lMa I:,u.t uhln N.11a1 '1'"+,r.•Itn {n
1rc,•:d.,11• c 1:I:r. n ��: a•;v tl.� t.•,.f runlc 1,), 1; CI-tI): N'Lcc:cr alit apitru\cd l,; tl,e Cy, ti. �urvtyrr ltcnrral of Cululul,�,
VI1 ti✓� 711h tt,}' pt A1,,1% ,\_ I). IFN11,
t•, Irl:nrt�, r,•.! pte••r.t h:ta brrn rr'sol-t,! ,nd r, nct•11 �:,1 by rcr,-rut n! The corporate aut!tr,rltif� of �A-I Tm,n nL
A sp,`n, L.-: ,t ,, •.. nT tn1 !:•,' lh ,t lhl !iart'r rl.;Lac 1,
to t..rrarrU' ,I, :,t•.• b•,•,t 'fc•aa'n�.t.` Y tr ! (:1:1r1 1':11••cL.r a nturc.ulA, Ly rr.tsnn a•f rrrr,ea tiler, in, I.ulu,l
tY lllatI,.%%, t,n lh•• LAh Clay uf'-faimiry, A. D. Ivil, 4 )tntrnt (lid L bue for rnld Totvnclte to the \tny07- (if the 1u�-or-
pnlnl,11 T.,+,n r,! Amen and to hi•i MICCrr.>vr•; veil! :,;,sl}ns In trl,elt ful Mr, occup:tptx of said '1`otcn-11w In acct,l,lnnce
tciU1 Lhrir tr:,!•f-rtra. tnt,-ra:,l,. In":11 p;llrht II.I.vIti; Leven I•�aucd Ire tviNformlty ivittl the Art-, a,f i, ISgrtas fur uuelt
casrr, r,l7lOr :,T.d t,ro'rld..l' Hi;l: L1\ :i)'c. �Yltl:It1 Lt b, .• . h- _..... .._....... , ?r %Yor[ OT' 77!I: CITY OF ASY-1:,. R mloccl;sor In cfflctl
:o tl.r >S,>a1 t•rt hn Itccc,rhnrm,d �'Vlvn of A:lpcn. anti lrhr'reli the City Of Arpcn li Sucrl'G�JI• III Intara•:,.t to till- Incor-
h'r,,r' e. A- 1'-n.
thr z•%:(. l p.,rly....• l,a... `�„ 6t:b`-„tn•d Prnot In the 1!nynr or A�!+er, llifflc!Cnt to ee,irL1)1kh th.lr la a iyr,a a! Cvn%%,':.nta [moor ttin Ll!avDr 6r .A:-1•cn I,,rhr lot ...... ur I'.trn•el....... . of land ar r:erlhtd b
unit, tl.r r•cr,,.tel r,.r, '•.. r.xil Ixfuf fn,-'cl,c Par:,•,ac nt rlratlriz tnc citll- tr.tCtn. rlu++•. frr:,�ttn„
aO,W. 'III111U t'0ft TItC evirl rust r_,rtti•. fo.- r,nJ in .r,;%:,:,lcroIIv;1 o' the t'.urn of U�1: DOM,1T, to Utr first l'Arll,, 1.1 1,:,1 �I F.lt,! Gy t`.0 ^I,: ;.r4•nn.t n:;rt.. tha r
ill" it rr1C: •. - vectp' t'. Lorv, Ie }tnrrl,y' crtt!rsc: cq nr:a
!' d.: ,r cor.:cy; ' [ l,••,i t, 1; • n.t t+y It.r:,• nt. t!oth r r.,t c, tclrn;•. n^1: 1, •, rvlrl!�ctl. ha• rr-
w rr, tl.t e..tii,: r,•cc;:d'p:.re\-..- 1.t.C:• .•tt'«.f��.t.i.rlr" t.il-ne irte:•cir.,:ll t11r IIJ'1,:. title, Inler—tSCIIn[tnttanl Ee nnrnitN�llch
he r. W Lit t I'm 1 c 1,^,•; 11, ;I,1,; In 111:. lull(,tv.141 d❑,Crlbe,l )1;1rce1 of land aitcate, tyillg And h.ini in lllc County o[
7�'itl:ln a1u41 StaLC 1,1 Cu:ora.0 :, II, - vIt,
f�. C30
� l77
T-t(V •5re F.alt "A" attcc;tr.d hereto and rrt;!4a r1 1)art hereof by this reference.
a c`1 f
to ct:a City of A:, cn at all, tinlc Lltc rid;lit to conacrnct, milittt.ei.l�, Lind Ctic Y�:, C71LC�1 8, Q�+C?fl Ci'R.'1! S, W ItCJ; Pi-} cln, and zpPurtenc 1lacs, and aut�iorizc
w Lhc curl;;c.rut Lion, U:,�]rILC1,X:lC<: <nd rr-lc)val of the �ar,e therein end thcrefroln, :111C1
ra aje;subjccl: Lo tir eoat.illu::d i'il;nt or Ltic order:; to maintain <lnd operaLe (cont, oil rovcl:Fe'
'1•r) ITAN Y-,' 1is, 1) 11'0 )7gl.t• tier car.;r. Ictctror with .11 And n,nFular, the apnurtenaneec ani prlailelcCa thcreunto
haloal;inl;, or I, ar+ %N.se "'rcuntu ayl•:rtaln;n;, and all ell', C!;tace, 11VIlt, talc, Irlt,JrtLL ar.d claim crhatI,*tVcr, oS tl,e
first )a111cu. ctitl,cr In lnw cr equlty, tt+ the only prefer use, bchc'fft and L,;t,aof of the said Wtrt..y__._--. of the zecond
/_• a :. C 4' �"C12'.,
➢art,�tSf;..,/.... -i::. aT:d ,^•StslUFS fo.z,\Vt'r.
T1 141'1'Ni:SS' It ltl;ttf:bi; th,r rafd 1f.^_ynI' r.,s l:rrcur,to Set his hand oral 'cal and the Cit• of A,: Its roan:.to D% he:t.t:t,ta affixed, all-'t!'1: t0' it.Cierk, the d;ty and year t'c�f/irknr/t�ye:ri; ;t,3 p=n has caused
•' '- 1. oF c[-Ayl,ctt-�_...__......
__....
(SEAL)
t�•r'r1:sT• ,ar. -, czTr oi` i_SFI'
•� '(►Jett �• ' � . c :. - - ,., ........._._.. Sta) t,!•
s6rjM` OI`
The forel-clan 1l1e1LrC771ent vras, sekrott-Iedga•', b•_(ore roe [hisc/Ll_ d
11E�.�'W tDri. y of _. n .............
a
by
JINE5: I.,y Ilan
. t r
• •Illy eor',t, expires
0-- 4va-
J • �• ,i --Notary •i'UiZc
•CQU �'T�TYiI\ ) ss.
Lary Publio In and Tor said I'itt,ln County to the
Stat�•afurksald, Vo hcrk,by curtly that}(1:RTL.'1t+,..LnIL.._...----------- ar•a -t1sa ►V E-•�xlSei�
tvAn nrr ne:sAnal7y ).sown to rill' to be the sass,•; persons tsl,nxc name-i are subscribed to the rr,regolnr
Are 2Y ,rj In - to b.ed the •aTrte tla, ectivr:y Ufa;or 1 -d Clark nr th! CILY Or Aspen, n rriunlelpnl Corp,ralion, and
Are Icnntc•n id n,e to b•± auc11 6titcCrt; reapartit'•IS' •• n cared befora Tr,c this t1.,S In pest,,,, An,l yat-erall5' +-ci;.,ot-:!c,'s-.•r)•
That else s,;a1 tlfrl\<,.; to the t�r,golnr i:.;arq: . 1. Cite enrpor�te zeal of vaid eorpnrltiocl: lilac salt acal t'�Za therc-
tlnco n[[lrc d Dy t11a authority of ulc City �.v1 11 rur the City of Aspen; that 21111 Jrtstruwant w•aa by Ilke aulhorlty
zub,wellsetl nht. I" COrporale r,:ttn.; that the 'A •,,,, _................. L1N EDEL
'_••:........... la the bfa)'or tend the
Is the City of Aspen; (list by the authn
t i,ry• rctl:r:•tivcTg•, Snb:•rrIL:,1 lhclr r.arr,ra i rlty or sold City M:J! iu,trulncnt oc urttar. nI Lhea:.- frcc a11d aoIlr,�rraytr a1rA Clork, And Catt Ihe)- ell:ned, coaled anti dcllvcre,l the tAt.nald pity foe, Ll:,e "i'st n111 )1u7;IOjU1 Eb- 1n 1.rt tit ar,l deCJ, an' as the free anti voluntary act and dred Of
Glvar, t nder',i+y hand n red notlerlal ,T •,(. r /
aTy ,ronrInrlF 0it axpII,C-3
` 1 RozJ,Ltr rulst.ic---_ -_._
AUG-30-99 MON 10:04 AM CELLO FAX NO. 9709272580 P. 04/05
..389 ;u,202
F.XIIa.BIT "A"
h pareel. of 1�1I1d _.i.t,u.►t.cd is the: City of
hui.ncl t:;or_c fully 00c !Crih_"d Zt': f0].1OWS
xtc,ginlrinq at the! Northwont_ Corner of DIock
102 5,11 �:tiid City of Atspen; thence S. 750'09'1.1"
L'. 220.00 f.uct atlonq the north ]ills of s,-
Block ] 02. to a poi.rl:. 10.00 feet. cast of the
Northwc!; l-. Co1-ncr. Uf Lot It of said hock 1.02;
thcnc:c S. )-n °50' �:" 11. 263.26 foot to a poi IiL
on tho t!arl.haastcl:]y line of Lot 21 of the
Ut,c Mcli l.ioti to !;aid City of Aspen; thence
N. 3£I°35' 10" W. 53.53 feet: to tho Nor.t.hwcst
Curn_r of raid LOL 2.1.; t.honce S. 45'21.'010"
W. 124.28 along the Northwrestez.-ly li.nc
of :aid Lot:: 21 to a j ,,)int ort pine 1--9' of the
ori_cTili l 1"npl-n `.Downs t.C; t}Ic'rtcc y. 9,57'22"
W. 23:1.18 resat along miss lisle 1--9; thence
5. 14 "50' 49" V,'. 66. 7E, foci:; thence N. 75°09' 11"
W. 143.00 f. c!t:; th�.nc' � I`'.. 14'50'49" E. 112-00
fc�c.; thc','Co S. 75"09' 11" E". 02..7G scat.;
thence N. ].4°`_i0'r9" F. 10.00 fcot to a point_
on t}ir-� S M201 litre of Dc!arl Avenue; thoricc:
S. 75*09'3.1" f,. 60.2. " feet along sa_f! South
l.i.ne to a ho,i,rit on tho Vh!st line cif. vacated
Uuntor Strc?El!,; t_}2i3r1C:C'. r;. 1�'S0'%J" E. 50.00
feet along n ?.CI Line; thence S. 75609'11"
E. 37.50 feet to a point on the center 'Line
of :-sic] vaicd hunter Stree"; thence
L. 100.00 feet alone said center
line; t•.henc:e� S. 'T5°09'll." F. 37.50 feet to
the point of }>ecTir�ni ng.
Count.), of 11itk.5n, State of Coloraelo.
EXCE11TTNG ` HFREVR02•I
A tract: of land, corriprisi.ng 0.14 acres, more
ar less, more parl•..i-cularly describes its
1`01 _ot•rS: The casLerly one-half (E1/2) of
vacated ilunt.cr St.rect, wcster']-y of and
adjacent to I11oc;k 102, City and Townsit_e. of
Air:_n, h tween t:Yiza sout`_'ic:rly lire of Durant
AVE'rtue and the. ru>r- t.herly line of Lot 2.21
U t c SL1bG].vi: ion _ Said tract b: ing the
Erisztcrly one-half (L•'1./2) of all tit -
at. portion
of said Hunter Strcct_ vacated by City of
Aspon Ordinance No. 11-53, Sores of 1947
1:ecordcd in the public records of Pitkin
County on March 17, 1959 unfler Rocept i.on
No. 107787 in Book 181 at page 101.
AND FURTHER EXCEPTING THEREFROM
any Portion of the above -described property
lying southerly of City and Townsite Line 1-9.
AUG-30-99 MON 10:04 AM CELLO FAX NO. 9709272580 P. 05/05
•�3��►t,�� 201
E I;Sra;Vn'1'1C1'dJ AND FXCiUrTION S CONTINUr:D.
ins; rlc•ctr.lc l.il;hr and po;.clr lines, te].eitllenc line:;, }..a:; mains, water
malr,n, and ltlt�c].inc_:, a:: rcl:ervcd ill City of Aspen, Colorado Or,dilionce No. 11-53,
Sc`r1r n of 1947 r:,^orded N irch 1.7, 1959 in Look 187 aL paste 101, and rc•c:ordrd
EvIltelr1wr 1.8, 1979 in liuol: 375 nt lrns;e 987 (affoets V IcaLed SOULIt Minter SLCreut
Ilrld
V;lCilL(_`CI nvcmue); -Ind .SU1,3FC•1 TO terla!:, colldl,tions, obli p,,itions, prIvilego'.
artcl Hgbt of-wiy a , set fur -Lit ill Ci.ly Ordinance recorded in l.00lc 1.92 at pal.c 293
(affect'.^, the descri.l,od parcel: livginning :at a point t�llicll is the iuter-
sectio:l of Dcane street lwiLh Uta Avc,nue; tlicncc i':.tstcrly thr.ous;h cold acros, Lllc
entire a:nuth 11;11ves of Blocks 302, 107, 1.13, and 1.19, and civery one of them, and
Oil to the easterly bounclary lino of the City of Aspen, crosninf; Spring SLrcct,
Original Street, Weft -said Street rend Cleveland Street); ca<_:cment as set forth
it, OrclinGnco No. 12, Scria: of 1.961 rocotdod in Look 19G at rzipc 521 (affc�ct.s
vn('at_cd alley in Block, 3.02); eclscments, rip.ht of way, and privilepe for the
consCruct iou of .1 rater well, T,u Mphc vse an(J wachinel-y therein, oll an convoyed
in Quit Clnict 1ktcd recorded in ).'.oak 1.96 ae paste 525 (affcc.ts a tract of land
G,iLunted in the. vacat_nd portion of llucttcr Strc`�t, lyin- Southerly of Dur.inr
Avc.nu.!, City arl:l 1b1.`r,.,itc of Aa;pcn, yore harricul iij), described e.s follows:
llcgirini.n;: nt the• poinL of inLersection of the eonterlinc of Nutivor Street and
rho ;;OuLh line of DUI -ant. Aventic., thencc Southerly along the centc•rlinc of 11unter
Street 22 fcct; tl,cncc Cacte.r] ii: a svrni^,lit li!tit 12 feet; thence N'oi'thcr.ly in a
n tr,ijl,ht litre 22 ic•c.t; tlt(u,cc 1;0.sLcr]_y alc,n�; the SOL:Lh Lin[! of Pul-cmL Avenue, 12
fc1c. L to Lh.: (>oi n,. of bc'j end r i€;ht (:tfiC'c• L 5 parcel bei n- 30
fe.(<r. in width <in1 J}'.il1g 15 feet on each side of a centerline described as follows:
ltc f,.i nnin,, nL Corl;or No. 3, F,etsy Jane Mi.ninE Claicl, thence N. 65' E. 220 fect to a
Point No. 1 ; tl,cnce N. 9"30' F. 875 feet to a Point NO. 2.; thence N. 491, F.. 310
feet tc' 1',�i.nt NO. 3, U-bence Corncr No, 9 of the Aspen TownsiLe bears N. 65* W. 139
feet; thence 14. 20 R. to SOuLl, 1'1r1e of AuranL Street), and caF:ementand vitht
(.affect, a pc!rccl vi.thirl a radius of 50 feet from 1 center Voint described i,s
f•ollo m: SAd cellLc:r point Loins; at a point wboace Corner No. 3 of, the Betsy Jane
bode Mira boars S. 65' W. go feet), all as met forth in Quit Cltlitn Ilecc]
recorded in Book 192 aL page 296; all as recorded in the record, of Pitkin County,
Colorado.