HomeMy WebLinkAboutcoa.lu.ec.410-414 N Mill St-Andrews Mcfarlin.1982�ndrews, � McFarlin
Condominiumization
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Linda Manning
From: Steve Cronin
Sent: Tuesday, July 08, 2014 2:51 PM
To: Linda Manning; Kathy Strickland
Cc: Jeff Woods; Scott Chism
Subject: Rio Grande Park Parcel Inquiry
Attachments: Rio Grande Park Parcel Encroachment Map_07-08-14.pdf
Linda & Kathy
As you may know the Parks Department is currently working in Rio Grande Park. We noticed that parcel of land which is
owned by the City of Aspen and is part of Rio Grande Park is being used for parking by an adjacent land owner. We are
curious if there was an agreement of some kind in the past for the users/owners of the building to park their vehicles on
this land in Rio Grande Park.
I have attached a PDF document showing exactly which parcel and adjacent building we are asking about. The second
page in the PDF shows the data from GIS database I pull this afternoon.
Let us know what you think about the use of the parcel in question.
Thank You!
Steve Cronin
Landscape Designer
City of Aspen
Parks Department
970.429.2896 (0)
970.987.4772 (C)
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ANDREWS AIC FARLIN CONDONMINVM
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ENCROACHMENT AGREEMENT
T is, agreement made and entered into this
199_9 b -.E _day of
coloradc, hereinafter dreferred oe asT"Aspe PEandP helnAndrew's
McFarlin Condominium Association hereinafter referred to as
"Licensee."
g described
Property ELicensee is 'the
owner of the
tylocated nthe city Of Aspen, Pi kin County, Colorado:
Andrews McFarlin Condominiums
1�ity of Aspen, Pitkin County, Colorado
WHERiaAS, said property abuts the
right -of .-way (s) following described public
The eastern line of the 400 block of North Mill; and the
northwestern property line of the City of Aspen's Rio Grande
property,
WHEREAS, Licensee desires to encroach upon said right -of way(s)
an encroachment of unknown extent for
out on the city of Aspen's Rio Grande
attached portion of plat exhibit A_
a retaining wall as called
Property plat 900-83. See
WHEREAS, Aspen agrees to the grant of a private license of
encroachment as built subject to certain conditions.
THEREFORE, in consideration of the mutual agreement herein-
after contained, Aspen and Licensee covenant and agree as follows:
1. A private revocable license is hereby granted to Licensee
to occupy, maintain and utilize the above described portion of
Public right-of-way for the sole purpose described.
2. This license is granted for a perpetual 'term subject to
being terminated at any time and for any reason at the sole
discretion of the City Council of the City of Aspen.
3. This license shall be subordinate to the right of Aspen to
use said area for any public purposes.
4• Licensee is responsible for the maintenance and repair of
the public .right-of-way, together with improvements constructed
therein, which Aspen, in the exercise of its discretion, shall
determine to be necessary to keep the same in a safe and clean
condition.
5. Licensee shall at all times during the term hereof, carry
Public liability insurance for the benefit of the City with limits
of not less than those specified by Section 24-10-114,C.R.S., as
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may be emended from time to time, naming the City as co-insured.
Licensee shall maintain said coverage in full force and effect
during the term of this License and shall furnish the City with a
;•.w�i
copy of such coverage or a certificate evidencing such coverage.
All insurance policies maintained pursuant to this agreement shall
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contain the following endorsement:
n'
'It is hereby understood and agreed that this insurance
policy may not be cancelled by the insurance company until, thirty
!F'..
(30) day3 after receipt by the City, by registered mail, of a
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written :lotice of such intention to cancel or not to renew.'
The licensee shall show proof of this insurance to the City before
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this agreement is filed.
6. Licensee shall save, defend and hold harmless against any
and all claims for damages, costs and expenses, to persons or
•.`a"'-`
property that may arise out of, or be occasioned by the use,
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occupancy and maintenance of said property by Licensee, or from
any act or omission of any representative, agent, customer and/or
employee of Licensee.
7- This license may be terminated by Licensee at any time and
for any reason on thirty (30) days written notice of Licensee's
intent tc cancel. This license may be terminated by Aspen at any
time and for any reason by resolution duly passed by the City
Council of the City of Aspen. Upon termination Licensee shall, at
Licensee's expense, remove any improvements or encroachments from
said property. The property shall be restored to a condition
satisfactory to Aspen.
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subject .8. Tzis license is ect to all state laws the 3 provisions
of the Charter of the City of Aspen as it now exists or may
hereafter be amended, and the ordinances of the City of Aspen now
-
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in effect or thane which may hereafter be adopted.
9. N*thing herein shall be construed so as to prevent Aspen
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Syr,.
from granting such additional licenses or property interests in or
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affecting
g said property as it deems necessary.
10. :'he conditions hereof imposed on the granted license of
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encroachmEmt shall constitute covenants running with the land, and
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binding upon Licensee, their heirs, succe sers and assigns.
11. :'n any legal action to enforce the p"visions of this
rr�•:�
Agreement, the prevailing party shall be entitled to its reason-
able attorney' s fees.
12. If the structure for which this license w4:- -ssued is
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removed far any reason, Licensee may not rebuild in the same
'
location without obtaining another encroachment license prior to
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building. No existing encroachment shall be enlarged without
obtaining an additional license prior to construction.
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EXH BIT a
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SECTION T,
TOWNSh IP 10 SOUTH
RANGE 134 WEST OF
THE 6U, PRINCIPAL
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CITY OF ASPEN
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#349083 09/29/92 15:05 Rec $25.00 SK 689 PG 920
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' 13, The licensee waives any and all claims against ti;e City of
=". Aspen for loss or damage to the improvements constructed within the .,
.ut encroachment area.
''%ti:,;`••i iN W2'--WESS WHEREOF, the parties executed this agree2*en t at Aspen
the day and year first written.
CITY OF ASPEN, COLORADO
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Chuck Roth, City Engineer
ATTEST:
KATHRYN S. KOCH, City Clerk
r
Sarah Pletts, Licensee
As President of the Andr Mc arlin
Condominium Association
STATE OF caroRADO )
J.
) ss.
County of P_Ltkin )
The foregoing instrument was acknowledged before me this
d2,y of , 19 , by
Licensee.
WITNESS My HAND AND OFFICIAL SEAL.
MY Commission expires:
Notary Public
Andress
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#3490B3 09/'29/92 15:05 RecI$23.00 BK 6ag PG 922
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POLICY 14UMBER:
OBP D2 51 58 59 3 COMMERCIAL GENERAL LABILITY.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. tiro
ADDITIONAL !INSURED --DESIGNATED PERSON OR
ORGANIZATION R
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
CITY OF ASPEN, COLORADO
(BUT ONLY WITH RESPECT To INSUREWS RETAINING WALL
THAT IS ON CITY, PROPERTY)
C
(if no entry apMrs above, irtfOrmatlon required to complete tl-,is endorsement will be shown in the Declaraj,ons
as applicable to this endorsement.)
WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the
Schedule ai; an insured but only with respect to liability arising out of your operations or premises owned by or
rented to you.
ADVANCED INSURANCE
ASPEN. Co
51 8KB
CG 20 26 1185 Copyright. Insurance Services Office, Inc_ 1984
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MEMORANDUM
DATE: February 18, 1982
TO: Colette Penne
FROM: Gary Esar
RE: Andrews/McFarlin
PEN
eet
611
FEB 1 ° j°Q? !J
ASPEN / PITKIN CO.
PLANNING OFFICE
This office has no comment at this time on the above -referenced
application.
As an aside, this office is aware of another proposal affecting
this property being put forward by a local realtor. The proposal
involves a three-way trade of land between the City (a part of the
Rio Grande property), the Andrews/McFarlin group and Cap's Auto
Supply. We don't know if that proposal and this application are
independent, co-ordinated, sequential or mutually exclusive.
Since any development proposals involving the Rio Grande area are
of major concern to the City, the applicant might be asked how he
perceives the flow of development in that area. To preserve the
City's right to co-ordinate the development in that area, perhaps
the purchasers of these individual condominium units (if this
application is approved) might be required in advance of purchase
to agree to relocate if, for instance, a Cap's-trade-type proposal
is implemented.
GSE:mc
MEMORANDUM
TO: a
- City ng�neer�ng'��De-partment
Herb Paddock, Fire Marshal/Building Department
FROM: Colette Penne, Planning Office
RE: Andrews./McFarlin Subdivision Exception (Condominiumization)
DATE: February 3, 1982
Robert W. Andrews and Clyde L. McFarlin have submitted an application to
condominiumize existing buildings at 410-414 Borth Mill, Aspen, (S/C/I
zone). Please review their plans and send any comments to us by Thursaay,
February 18, 1982; this item is scheduled for City P & Z on March 2.
Thank your
Note: Herb,
This proposal is for the condominiumization of existing buildings;
therefore, we need your comments as per fire, health and safety conditions
of the buildings prior to P & Z review. Please contact Clyde at
925-3881. Thanks!
January 27, 1982
City of Aspen
Planning Dept.
130 S. Galena St.
Aspen, CO
Re: Application for subdivision emotion and
approval of condominium plan of 410-414 N.
Mill St. Bldg.
Gentlemen:
The intent of the owners of the subject property
is as follows:
1. To provide an opportunity for service commercial
businesses to locate in Aspen on a more permanent basis.
2. To provide a means of upgrading the real property
in keeping with current development in the area.
According to the code we have adequate parking space
for 33 cars.
Enclosed is proof of ownership documents.
Sincerely,
&�. )- Andrews
0
January 27, 1982
City of Aspen
Planning Dept.
130 S. Galena St.
Aspen, CO
Re: Application for subdivision ex ion and
approval of condominium plan of 410-414 N.
Mill St. Bldg.
Gentlemen:
The intent of the owners of the subject property
is as follows:
1. To provide an opportunity for service commercial
businesses to locate in Aspen on a more permanent basis.
2. To provide a means of upgrading the real property
in. keeping with current development in the area.
According to the code we have adequate parking space
for 33 cars.
Enclosed is proof of ownership documents.
Sincerely,
4'�
t W. Andr1ews
-I � Z-1 �z111,r?a"
0
January 27, 1982
City of Aspen
Planning Dept.
130 S. Galena St. /
Aspen, CO
Re: Application for subdivision F-k�ion and
approval of condominium plan of 410-414 N.
Mill St. Bldg.
Gentlemen:
The intent of the owners of the subject property
is as follows:
1. To provide an opportunity for service commercial
businesses to locate in Aspen on a more permanent basis.
2. To provide a means of upgrading the real property
in keeping with current development in the area.
According to the code we have adequate parking space
for 33 cars.
Enclosed is proof of ownership documents.
Sincerely,
Robert W. Andrews
ASPEN*PITKIN•EGIONAL B1.11LGliV� DEPARTMENT
April 1, 1983
Mr. Clyde McFarlin
412 N. Mill Street
Aspen, Co. 81612
o: nl / I'i_ K.N'V (0.
^FFiC�
Dear Mr. McFarlin:
As required for condominiumization by Section 20-22 of the Municipal Code of the City
of Aspen, an inspection of the building at 414 N. Mill Street was made in February
of 1982, by Building Inspector, John 0stwald. The deficiencies of the building were
noted in a memo dated February 19th, 1982 from 0stwald to Herb Paddock. Because of the
obscure nature of that memo,, I've done another inspection of the building designated as
Building B'oh theCbndominium Map dated December 30, 1981. As we've agreed, the following
work must be completed prior to any Building Department approval for condominiumization:
1) The electrical work required by Stan Stevens, Building Inspector
in his memo to Herb Paddock dated February 18th, 1982. As it
applies to all units in Building B.
2) Units B-2, B-4, B-6 (currently occupied by Creative Printers of
Aspen, Inc.)
a) Provide structural integrity to the unsound storage loft as
needed.
b) Fire protect bottom flange of steel beams where the spray -on
fireproofing has been removed (one layer of 5/8" type "X"
Gyp board is sufficient).
c) Provide a guardrail at the stairway to the loft
d) Repair damaged drywall by north door.
3. Unit B-11 and a portion of unit B-9 (currently occupied by
Head Imports as storage area)
a) Provide structural integrity to the unsound storage loft
as needed.
b) Improve fire -resistive construction in the boiler room
(tape drywall, improve of eliminate north door)
offices: mail address:
110 East Hallam Street 508 East Main Street
Aspen, Colorado 81611 303/925-5973 Aspen, Colorado 81611
H
Page TWO
4) Improve the structural integrity of both exterior
stairways and handrails as required.
5) Provide each tenant space with an all purpose fire
extinquisher sized for its particular occupancy.
You are not required to -fully meet current Building Code requirements but please understand
that these are minimum requirements intended to upgrade the building as well as insure
the safety and we] -fare of current and future building occupants.
Sincerely,
James J. Wilson,
Chief Building Official
cc: Bob Andrews
Gary Esary
Collette Penne
CITY OF ASPEN
130 south galena street
aspen, colorado 81611
303-925 -2020
MEMORANDUM
DATE: March 28, 1983
TO: Members of City Council
Wayne Chapman
FROM: Gary Esary
RE: Andrews/McFarlin Land Trade Option
tAPR_ 5.
pFN PITKRN Co.
�_
On April 12, 1982, Council approved the Andrews/McFarlin condomini-
umization with a condition that the City Attorney, City Engineer
and City Planner negotiate with the Applicant to propose a method
for acquisition of an expanded Mill Street R.O.W. along the
Andrews/McFarlin property (see Condition (2) of attached minutes).
Attached is the paragraph in the proposed condominium declaration
(as yet unrecorded) that contains the negotiated agreement.
Essentially, the negotiated agreement is a one-way option for the
City. If the City chooses at the time of the widening of Mill
Street, it may acquire the additional needed right-of-way of 2,223
sq. ft. (outlined in blue on the enclosed map) for the "exchanqe
parcel" of 2,064 sq. ft. in the back of the property (outlined in
yellow). The benefit to the Applicant of this arrangement is that
he may retain needed parking space that he would lose when Mill
Street is widened. The advantage to the City is that the exchange
is pre -negotiated with the present owner instead of having to deal
in the future with a condominium association or an assortment of
ownership interests.
If the City does not exercise its option, it remains free to make
any other negotiated agreement or resort to condemnation to acquire
the necessary land.
This agreement has been reviewed and approved by the Engineering
and Planning Departments and has been referred to Monroe Summers
for forwarding to the Rio Grande planners. At this point, the
agreement, if implemented, does not appear to adversely affect the
Rio Grande plan.
Please call me if you have any comments or suggestions.
G SE/m c P.S. Technically, this Agreement does not require
Attachments any further approval f rcrn you to be incorporated
into the condo do=-ents. However, if any of you
would like it called up to Council for further
discussion, it certainly can be. v�
Regular Meeting Aspen City Council April 12, 1982
Ms. Davis said in the subdivision agreement are the requirements put on the GMP amendment
and the obligations of the GMP application. The next decision is whether or not a perform-
ance bond will be required. The other decision is what kind of format this should be in.
Taddune said the performance bond would be in addition to the subdivision improvements
agreement. ^addune told Council at the P & Z meeting he asked the applicant whether they
would have arty problems with a performance bond, and they indicated they would not. The
idea is that if the applicant does not complete the project, the performance bond will
return the site back to what it was. Mayor Edel asked the applicant if there was any
problem with this type of performance bond; Danielsen answered no.
J. D. Muller told Council the concern at P & Z by neighbors was that the construction
schedule be adhered to. Muller asked what the applicant would agree to in terms of trigger-
ing the default. Muller said something has to be in the bond as to when this will be
invoked. Ms. Davis said the construction schedule is that outlined in the Code, which is
10 per cent has to be completed every 60 days. Taddune said it should be spelled out in
the performance bond, if the work is not completed the city will have the money and the
ability to return the project to its original state. A citizen said the agreement should
have the specific amounts of work to be done for each 60 days and the amount should be
determined by the city.
Ms. Davis reiterated the changes made by Council. In section 4 it is added that this has
to be met prier to issuance of a building permit. Also in section 4 needs to include that
the final performance bond has to be approved by the city attorney, and some language
regarding the applicant not meeting his obligation that the performance bond would provide
the money for total restoration of the site. The amount will be determined by the city.
Council directed staff to draft a carefully worded motion and table this motion until the
end of the meeting.
SUBDIVISION EXCEPTION - Andrews/McFarlin
Colette Penne, planning office, told Council the applicants would like approval to condo-
miniumize both buildings. Building A, the masonry building, does not have as many defi-
ciencies as the metal building. Right now, only units in building A would be sold; the
future of building B is not known with the Rio Grande plans; the building may or may not
be there. If the building is there, they will have condominium approval. They will have
to bring this building totally up to code before any units can be sold. Ms. Penne told
Council the engineering department would like to have a fee title dedication for an 80
foot right-of-way on Mill street. This will take out of some the present parking. This
wold necessitate an entryway change and parking behind the buildings. There are letters
working towards an agreement.
Mayor Edel brought up the paragraph from the city attorney's office stating, "to preserve
the city's right to coordinate the development in that area, 'perhaps the purchasers of
these individual. condominium units might be required in advance of purchase to agree to
relocate if, for instance, a Cap's trade -type proposal is implemented". Ms. Penne explained
the idea behind this is if the Rio Grande plans gets bogged down, the applicant would like
to go ahead and condominiumize the metal building, building B. If these units are sold,
the buyers will purchase them on contingency of moving to equal space in an equal building.
Taddune said this condominiumization should be evaluated on its own merits independent on
the city's plans or intentions. i!
Councilwoman Michael moved to approve the subdivision exception for the purposes of condo-
miniumization for the buildings located at 410, 412, 414 north Mill subject to the follow-
ing conditions; (1) that the conditions outlined by the P & Z and agreed to by the
applicant are bidding; Z t at t e compensation issue associated wits—i—lde 'ication ot the
strFMTE—?-1g`fi17_o_f--rway be settled by a cooperative effort of the city attorney's office
the city engineering department, the planning office and the applicant in a timely manner;
(3) that the condominiumization agreement indicate that the buildings will be brought up
to Code separately and units cannot be sold in a building until that building has been
brought up to Code requirements; seconded by Councilman Parry. All in favor, motion
carried. "
STOPLIGHT AT GALENA AND MAIN
Mayor Edel said he thought this issue had already been decided and that the highway depart
ment was going to put this light in. Mayor Edel said he has been told the city has a choice.
City engineer McArthur said last year Council decided to have installed two new lights on
Main street. McArthur said if Council does not want the light at Galena and Main, now is
the time to say so. Tom Dunlop, environmental health office, told Council they have checked
with the highway department and have done some calculations to have an idea on any possible
adverse impacts from a fourth street light. 11 ,
Danlop told Council. with the traffic flows, width of the streets, and local conditions,
if cars were required to stop at an additional stoplight, approximately 60 kilograms
per day of carbond monoxide would be added to the atmosphere. If another stoplight were
added and cars were required to stop for one cycle, this would add an additional 569 pounds
of carbon monoxide. nr ralarivnly fn„r rimAG ;f +-ha l;mt,t- ,c n— ,.,mot=iiea n... t,,,, -,;A
0 •
Statement of Land Trade. Declarant is the owner of the real
property described in Exhibit "A", which property is more
particularly located in the plat map attached hereto as Exhibit
"C". The City of Aspen, Pitkin County, Colorado, owns or
controls the Rio Grande property along the boundary of the
property and holds the public right-of-way for North Mill
Street. The City desires to expand and improve North Mill
Street along the frontage of Declarants property and may
require a portion of that frontage for such improvement.
Declarant hereby agrees that at the option of the City, which
option will be exercised at the sole discretion of the City
Council of the City of Aspen, the City may trade a portion of
land behind the improvements now on the property, which land is
now part of the Rio Grande property for the land taken from
Declarant's frontage for the expansion of North Mill Street,.
Accordingly, Declarant and the City of Aspen agree, as
evidenced by their respective signatures on this Declaration,
that the City shall have the following options: (1) At such
time as the City so demands in writing for the improvement of
North Mill Street, Declarant will convey to the City a
right-of-way across the frontage of its property identified as
the "Mill Street R.O.W. (1664.4 sq. ft.)" and the "3'
encroachment easment (558.6 sq. ft)" (both together hereinafter
referred to as "Parcel 1") on Exhibit "C" hereto (2,223 square
feet), and such construction easements as may be necessary to
construct the improvements to the street; (2) Simultaneously
with the right-of-way conveyance, and in consideration for it,
the City will convey to Declarant fee simple title to land now
on the Rio Grande property, identified as "Exchange Parcel 2064
sq. ft.." (hereinafter referred to as Parcel 11211) on Exhibit "C"
hereto (2,064 square feet); (•3) Until such time as Parcel 112"
is conveyed to Declarant, Declarant shall have the right to
encroach upon the land identified as Parcel 112" pursuant to the
City's standard encroachment license agreement, to be executed
by Declarant, which establishes rights and obligations of the
parties with respect to insurance, indemnity and termination of
the right; (4) After the simultaneous transfer of Parcels "1"
and "2" and the completion of construction of the improvements
to North Mill Street, the City shall grant to Declarant the
right to encroach upon that portion of Parcel 111" that is
usable for normal surface purposes not to interfere with the
City's use, pursuant to the City's standard encroachment
license agreement, which shall be executed by Declarant; (5)
upon exercise of the City option, Declarant and the City shall
deem the trades and licenses granted herein to be just
compensation for the values given and received, and this
transaction shall be a no -cash net transaction; (6) The rights
and obligations hereunder shall be binding upon the successors
and assigns of the City and'of Declarant.
CITY Ciq", ASPEN
130 south galena street
aspen, colorado 81611
303-925 -2020
MEMORANDUM
DATE: March 25, 1983
TO: Wayne Chapman
Building Departme
Planning Office
Engineering Department
FROM: Gary Esary C,_;�
RE: Andrews/McFarlin Condominiumization
City Council granted a subdivision exception for condominiumiza-
tion for the Andrews/McFarlin Condominiums on April 12, 1982. One
of the conditions of the approval was that Building B (the metal
building housing Aspen Auto Machine) would be brought up to fire,
health and safety minimums (pursuant to inspection memos by Stan
Stevens and John Ostwald on, respectively, February 18 and Febru-
ary 19, 1982) prior to recording the plat. Building A must be
brought: up to standards prior to the sale of any of the units of
that building. The fire, health and safety improvements to Build-
ing B have not been made and the owners are now in a hu ry to
avoid foreclosure by completing the condominiumizatior{ecuring
refinancing. It may not be possible for them to complete the
improvements prior to the foreclosure date and so thay are sug-
gesting an escrow arrangement. A copy of the proposed escrow
agreement is attached.
There is no provision in the Code for such an arrangement and the
Council approval does not mention it. Obviously, the applicants
could have avoided the crunch they are in by simply completing the
improvements last summer. Additionally, the escrow agreement is
deficient in some aspects (it does not address the non-eletrical
fire, health or safety problems and makes nc provision for the
City as a signa,tory or third -party beneficiary). Finally, this
escrow arrangement may be such a departure from the Council
approval that only Council has the right to agree to it.
However, before I get too technical, I thought I'd refer the con-
cept to get your comments.
Please return comments ASAP.
GSE/mc
cc: Barbara Purvis, Esq.
Rick Knezevich, Esq.
•
ESCROW AGREEMENT
THIS AGREEMENT, is made and entered into this day of
March, 1983, by and between ROBERT W. ANDREWS and JANE ANDREWS
whose address is 555 Franklin, Denver, Colorado 80218, CLYDE L.
MCFARLIN and PATRICIA L. MCFARLIN whose address is: P. 0. Box
289, Snowmass, Colorado and the ASPEN TITLE COMPANY, whose
address is 530 E. Main Street, Aspen, Colorado 81611.
WHEREAS, the finalization of the refinancing of the
Andrews/McFarlin loan, (hereinafter referred to as "closing"),
with First Mortgage Corporation is scheduled to occur within ten
days of the above recited date. As part of that refinancing, the
Municipal Code for the City of Aspen requires that Building B,
ANDREWS/MCFARLIN CONDOMINIUM, County of Pitkin, State of
Colorado, as shown on the.Condominium Map for Andrews/McFarlin
Condominium, recorded in Book at page , Pitkin County
records, meet code requirements for life, health, and safety
standards.
WHEREAS, a preliminary inspection by the City of Aspen
Engineering Department was completed on March 18, 1983, a copy of
which is hereby attached as Exhibit A. Mr. Ken Broughton of
Broughton Electric was present at that inspection and has esti-
mated the cost of the required electrical improvements to
Building B, to be $4,375.00, as described on Exhibit B attached
hereto.
NOW, THEREFORE, to facilitate the refinancing of the
Andrews/McFarlin loan and to insure that the electrical
deficiencies in Building B are corrected, the parties hereby des-
ignate the Aspen Title Company as escrow agent to effect the fol-
lowing instructions:
1. At the closing, Aspen Title Co. will retain from
the proceeds of the loan to Robert W. and Jane Andrews the sum of
Four Thousand Three Hundred Seventy Five Dollars and no/100
($4,375.00) and place said funds in an escrow account subject to
the terms of this Agreement.
•
•
2. At closing, Aspen Title will confirm that a copy
of this Agreement has been provided to Ken Broughton, and that he
has agreed to complete the electrical repairs under the terms of
this Agreement. Aspen Title will request a billing from Mr. Ken
Broughton upon the finalization of the electrical repair to
Building B.
3. Aspen Title will disburse funds from the escrow
account., payable to Broughton Electric in the amount requested in
said billing statement provided that: the electrical repairs are
completed within thirty days of the date of this Agreement and
the repairs are approved by the City of Aspen as being in compli-
ance with life, health, and safety deficiencies as they appear on
Exhibit A, and the final billing does not exceed the original
estimate by an amount greater than 10%. In the event that the
final billing exceeds the estimate by an amount of 10% or less
and the repairs meet the above recited requirements, Robert and
Jane Andrews hereby agree to submit said overage to Broughton
Electric within thirty days of receipt of written notice
indicating the balance due.
4. In the event that Broughton Electric cannot
complete the electrical repairs under the terms of this
Agreement, Aspen Title shall retain the escrowed funds and select
a second company to complete the repairs and disperse the funds
to said company under the same conditions as stated herein.
IN WITNESS WHEREOF, the parties have affixed their signa-
tures hereto this day of
Clyde L. McFarlin
Patricia L. McFarlin
ASPEN TITLE COMPANY
By
. 1983.
Robert W. Andrews
Jane Andrews
-2-
• LMIIBIT A .
TO: Herb Paddock
FROM: ,1ohn Ostwald, Inspector
DATE: February 19, 1982
RE: 410, 412, 414 N. Mill St.
1) Or.iginal permit of occupancy did not require fire separations.
There have been many changes of types of use have not been
properly recorded and now require 1-hour separations.
2) Lack of adequate fire protection
3) Inadequate setbacks for types of occupancy
requires CC feet.
4) Questionable ventilation and sanitary facilities
5) Exterior stairs are inadequate
6) New floor plan does not match existing and exit easements cannot
be granted
7) Mechanical room requires updating
,8) Water Department records seem to indicate a discrepancy in number
of fixtures.
SOG East Maim Street
•
Aspen, Colorado 816311
0
303/925-5973
A-SPEE 6PITKIN REG= JAL BUj'#_O:a'+.y
MEMORANDU�1
TO: Herb Paddock, Building Official
FRONT:. Stan Stevens, Inspector r�
DATE: February 18, 1982
RE: Electrical Inspection
410-414 N. -Mill Street
An -inspection of electrical wiring and installation was made
at the above referenced buildings as a result of a request from
Aspen Planning Office. This request was in response to an
application for condominiumization of these buildings.
The following is a summary of the deficiencies noted during'. -the
inspections.
•
0
A. Building A General
1) Service disconnects
-No protective covers as required by NEC Article
230-62a.
-Neutrals not identified as required by NEC
Articles 200 and 310
-No directory
-Right disconnect (single phase 31V) neutrual not
bonded or grounded.
-No water pipe ground
2) All lower units do not have access to individual
disconnect.
3) Receptacle circuits not properly sized for connected
load
4) The following deficiencies are present in varying
degrees in each of the individual units:
-Open ground circuit in grounded type receptacles
Wiring to overhead lights and general wiring
not contained within metal raceway as required by
Aspen Code Section 7-157
-Insufficient receptacles as required by NEC Article
210-5(b)
-Receptacles and junction boles without protection.
covers
Building B General
1) Service drop conductor size too small to meet NEC
Article 230-90
2) Left service disconnect equipment
-Neutral not bonded to panel
-Neutral not identified
-No directory
-No water pipe ground
3) Right service disconnect equipment
-Neutral not grounded
-Neutral not bonded
-No water pipe ground
-No panel directory
•
•
4) The following; deficiencies are present in varying
degrees in each of the individual units:
-Insufficient clearance around panels as required
by NEC Article 110
--Neutrals not identified as required by NEC Articles
200 and 310.
-No panel directory
Uncovered openings in panel
-Insufficient receptacles as required by NEC
Article 210-5(b)
-Wiring to overhead lights and general wiring not
contained within metal raceway as required by
Aspen Code Section 7-157.
-Open ground circuit in grounded type receptacles
-Receptacle and junction boxes without protection
covers
B. Specific Deficiency in Unit B-12 .
Spray room in N.E. corner of Unit B-12 must be
wired and illuminated according to Class I, Division
I; Hazardous location as required by NEC Article 516
0
n
i_
►- 1
Page No. I of I Pages
EXHIBIT B
BROUGHTON ELECTRIC
1266 Owl Creek Road P. 0. Box 11599
ASPEN, COLORADO 81611
Phone 925.3484
PROPOSAL SUBMITTED TO
PHONE
DATE
Andrews and McFarland
March 24 1983
STREET
JOB NAME
412 No. Mill St.
Andrews McFarland Bldg.
CITY, STATE AND ZIP CODE
JOB LOCATION
Aspen, Colo. 81612
ARCHITECT
DATE OF PLANS
JOB PHONE
We hereby submit specifications and estimates for:
ESTIMATE ONLY * NOT A FIRM BID
Due to Difficulty of bidding this type of a project, a firm bid cannot be
given. Your actual time and materials bills may be more or less then the
bids given for each phase of the job. Estimates are for electrical clean
up and safety, they do not bring the building up to code.
MAIN BLDG. - $46o.00
JEWELRY SHOP - $285.00
PRINT SHOP - S1200.00
S.W. STORAGE - $280.00
PUMA - S215O.00
Wood and Auto Shops to be taken care of by occupants.
Bit 11ropLIBP hereby to furnish material and labor — complete in accordance with above specifications, for the sum of:
dollars ($ ).
Payment to be made as follows: '
MONTHLY - AS BILLED
All material is guaranteed to be as specified. All work to be completed in a workmanlike /
Authorized
manner according to standard practices. Any alteration or deviation from above specifica-
Signature
tions involving extra costs will be executed only upon written orders, and will become an
extra charge over and above the estimate. All agreements contingent upon strikes, accidents
or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Note: This proposal may be
30
Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by us if not accepted within days.
Arreptana of 11roputial —The above prices, specifications \
and conditions are satisfactory and are hereby accepted. You are authorized Signature
to do the work as specified. Payment will be made as outlined above.
Date of Acceptance: Signature
FORAM I IS COPYRIGHT INGO - NEW ENGLAND BUSINESS SERVICE. INC.. TOWNSEND. MASS. 01449
•
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MEMORANDUM
TO: Aspen City Council
FROM: Colette Penne, Planning Office
RE: Andrews/McFarlin Subdivision Exception (Condominiumizati )
DATE: April 12, 1982 APPROVED AS TO FORM:
Location: 410-414 N. Mill
Zoning: S/C/I
Applicant's
Request: Subdivision exception for the purposes of condominiumization
of two buildings which are located in the S/C/I zone and
presently rented as commercial occupancy.
Referral
Comments: City Attorney's Office
The City Attorney's office noted that any development proposals
involving the Rio Grande area are of major concern to the
City. Gary Esary, Assistant City Attorney, suggests that
"to preserve the City's right to coordinate the development
in that area, perhaps the purchasers of these individual
condominium units might be required in advance of purchase
to agree to relocate if, for instance, a Cap's-trade-type
proposal is implemented."
Attached is a memo of April 6, 1982 from the City Attorney's
Office which outlines a procedure for receiving the Mill
Street right-of-way and providing compensation for the
property owners.
Building Department
The Building Department has identified extensive technical
problems associated with life, health and safety considerations.
The memo outlining these deficiencies is attached.
EnQineerinq Department
Total right-of-way on Mill Street needed for its widening is
80 feet. The acquisition of the right-of-way across this
property is a top priority for the re -alignment of Mill
Street and construction of a new Mill Street bridge. It is
anticipated that with the new Smuggler Mountain potential
growth, that the Mill Street Bridge will have to be re-
aligned and Mill Street will have to be widened from Puppy
Smith Street to the north. It is to the City's advantage to
acquire the right-of-way during the subdivision exception
process and negotiate with one owner rather than many condominium
owners in the future. Also, an agreement must be drafted
committing the owners to participation in future capital
improvements.
Planning
Office
Review: The Planning Office is concerned about the timeliness of
this condominiumization in light of the Rio Grande development.
This condominiumization may result in the displacement of
some of the service/commercial/industrial tenants presently
leasing space in these buildings. The City Attorney's
office advises that the requirements of Sec. 20-22 of the
Municipal Code apply to the condominiumization of residential
units, not commercial uses. Under that interpretation, the
potential for tenant displacement is not an issue in this
application. On the other hand, condominiumization of this
space allows the tenants a chance of permanency which has
not previously been available.
•
Memo: Andrews/McFarlin Subdivision
Page Two
April 12, 1982
Exception (Condominiumization)
The Building Department's comments are of serious concern.
The masonry building (A) has less serious problems than does
the metal building (B). The applicants would like approval
for condominiumization of both buildings, understanding that
if Building A is brought up to code, units can be sold in
it, but no units can be sold in Building B until it is also
corrected in terms of all life, health and safety deficiencies.
The applicants have agreed to include language in the condo-
miniumization agreement which will limit the sale of units
in this manner. They concur that the future of Building B is
yet undecided and its ultimate demolition may result as the
Rio Grande SPA plan materializes. However, Mr. Andrews and
Mr. McFarlin wish to secure the approval of condominiumization
of Building B during this review process for future use if
the building remains.
Planning
& Zoning
Commission
Action: The Planning and Zoning Commission recommended approval for
subdivision exception for the purposes of condominiumization
under the following conditions:
1. That fee title dedication of the additional right-of-way
required to make a total Mill Street right-of-way of 80
feet be made to the City of Aspen at the time of final
plat.
2. That the owners enter into a written agreement to participate
in the costs of future capital improvements (curb, gutter,
sidewalk, etc.).
3. That the owners agree to comply with the Building Department
requirements for correction of life, health and safety
deficiencies.
4. That the owners enter into a written agreement with the
City that at the time of improvement of Building B, a 20
foot trail easement at a location to be determined by the
Engineering Department would be dedicated.
The Planning Office was directed to draft a Resolution of
this action. Subsequently, the applicants have submitted a
letter agreeing to meet these conditions (copy attached).
Planning
Office
Recommendation: The appropriate motion is as follows:
"I move approval for subdivison exception for the purpose
of condominiumization for the buildings located at 410,
412, 414 N. Mill subject to the following conditions:
1. That the conditions outlined by the Planning and
Zoning Commission and agreed to by the applicant are
binding.
2. That the compensation issue associated with dedication
of the Mill Street right-of-way be settled by a cooperative
effort of the City Attorney's Office, the City Engineering
Department, the Planning Office and the applicant in a
timely manner.
3. That the condominiumization agreement indicate that
the buildings will be brought up to code separately
and units cannot be sold in a building until that
building has been brought up to Code requirements."
RESOLUTION OF THE
ASPEN PLANNING AND ZONING -COMMISSION
GRANTING SUBDIVISION EXCEPTION
FOR THE PURPOSE OF CONDOMINIUMIZATION
OF THE ANDREWS/McFARLIN BUILDINGS
LOCATED AT 410-414 N. MILL
Resolution No. 82 - 3
WHEREAS, the buildings located at 410-414 N. Mill are owned by Robert
Andrews and Clyde McFarlin, and
WHEREAS, the owners are requesting subdivision exception for the purpose
of condominiurization, and
WHEREAS, the two buildings are located in the S/C/I zone and presently
are rented for commercial occupancy, and
WHEREAS, the requirements of Sec. 20-22 (Condominiumization) of the
Municipal Code are interpreted as applying to residential condominiumizations,
and
-WHEREAS, the owners may at a later date expand the present configuration
of their buildings and an extension of the Rio Grande Trail would be possible.
NOW, THEREFORE, BE IT RESOLVED by the Aspen Planning and Zoning Commission
that subdivision exception for the purpose of condominiumization is granted
for the two buildings located at 410-414 N. Mill under the following conditions:
1. That fee title dedication of the additional right-of-way required to
make a total Mill Street right-of-way of 80 feet be made to the City
of Aspen at the time of final plat.
2. That the owners enter into a written agreement to participate in the
costs of future capital improvements (curb, gutter, sidewalk, etc.).
3. That the owners agree to comply with the Building Department requirements
for correction of life, health and safety deficiencies.
4. That the owners enter into a written agreement with the City stating
that at the time of improvement of Building B, a 20-foot trail easement
would be dedicated at a location to be determined by the Engineering
Department.
Approved by the Aspen Planning and Zoning Commission at its regular
meeting on April 6; 1982.
ASPEN PLANNING AND ZONING COMMISSION
By: --
Ol eds 7
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Colette Penne, Planning Office
RE: Andrews/McFarlin Subdivision Exception (Condominiumization)
DATE: March 16, 1982
Location: 410-414 N. Mill
Zoning: S/C/I
Applicant's
Request: Subdivision exception for the purposes of condominiumization of
two buildings which are located in the S/C/I zone and presently
rented as commercial occupancy.
Referral
Agency
Comments: The City Attorney's office noted that any development proposals
involving the Rio Grande area are of major concern to the City.
Gary Esary, Assistant City Attorney, suggests that "to preserve
the City's right to coordinate the development in that area,
perhaps the purchasers of these individual condominium units
might be required in advance of purchase to agree to relocate
if, for instance, a Cap's-trade-type proposal is implemented."
The Building Department has identified extensive technical
problems associated with life, health and safety considerations.
The memo outlining these deficiencies is attached.
The Engineering Department has been working closely with
Alpine Surveys in meeting plat requirements. In a memo
received March 10, 1982, they make the following statements:
"The only item that has not been addressed at this time is
the additional right-of-way_needed for the continued
widenin,q of Mill Street. /Total right-of-way to equal
80 feet/ The acquisition of the right-of-way across this
property is a top priority for the re -alignment of Mill
Street and construction of a new Mill Street Bridge.
I can only repeat what was written in the Engineering
Department's previous February 17, 1982 memorandum. The
reason for acquiring rights -of -way are many, however, in
this particular case, we anticipate with the new Smuggler
Mountain potential growth, that we will have to re -align the
Mill Street Bridge and widen Mill Street from Puppy Smith
Street to the north. Therefore, the City would have to
either acquire the above property outright or acquire the
right-of-way. It is to the City's advantage to acquire the
right-of-way durin the subdivision (subdivision exemption,
q
condominiumizationprocess and reduce the cost of said
improvements. In this case acquiring the right-of-way
during the subdivision exemption process, we will be
negotiating with one owner instead of many condominium
owners in the future.
Section 20-16, of the Municipal Code titled "Improvements"
requires curb, gutter and sidewalk to be provided by the
subdivider, these should be a condition of approval."
Planning
Office
Review: The Planning Office is concerned about the timeliness of this
condominiumization in light of the Rio Grande development. This
condominiumization may result in the displacement of some of the
MEMORANDUM
70: Paul Taddune, City Attorney
City Engineering Department
Herb Paddock, Fire Marshal/Building Department
FROM: Colette Penne, Planning Office
RE: Andrews/McFarlin Subdivision Exception (Condominiumization)
DATE: February 3, 1982
Robert W. Andrews and Clyde L. McFarlin have submitted an application to
condominiumize existing buildings at 410-414 North Mill, Aspen, (S/C/I
zone). Please review their plans and send any comments to us by Thursaay,
February 18, 1982; this item is scheduled for City P & Z on March 2.
Thank your
Note: Herb,
This proposal is for the condominiumization of existing buildings;
therefore, we need your comments as per fire, health and safety conditions
of the buildings prior to P & Z review. Please contact Clyde at
925-3881. Thanks!
•
•
Memo: Andrews/McFarlin
Page Two
March 16, 1982
Subdivision Exception (Condominiumization)
service/commercial/industrial tenants presently leasing space
in these buildings. The City Attorney's office advises that
the requirements of Sec. 20-22 of the Municipal Code apply to
the condominiumization of residential units, not commercial uses.
Under that interpretation, the potential for tenant displacement
is not an issue in this application.
The Building Department's comments are of serious concern. None
of the proposed units have the required 1-hour fire wall separa-
tion, for instance. The deficiencies are very numerous, and
would have to be agreed to be corrected before final approval
could be given for condominiumization of these buildings.
In the attached letter submitted by Robert Andrews and Clyde
McFarlin, they request that the compliance schedule required
by the Building Department to rectify the Code deficiencies
coincide with the sale of units. The Building Department will
require that all compliance be made prior to the sale of any
unit.
Although we have several concerns about this condominiumization,
none of them preclude the owners from taking this action. The
units are not at present in an acceptable physical condition
to be sold as separate units, but if the necessary improvements are
made, this request could move forward to the City Council for
final approval.
Planning
Office
Recommenda-
tion: The Planning Office recommends that the Planning and Zoning
Commission recommend approval for subdivision exception for
the purposes of condominiumization for the buildings located
at 410, 412, 414 N. Mill under the following conditions:
VX
1. That fee title dedication of the additional right-of-way
required to make a total Mill Street right-of-way of $`0
feet be made to the Ci ty of Aspen,
t �
2. That the owners enter into
pate in the costs of future
gutter, sidewalk, etc.).
written agreement to partici-
capital improvements (curb,
3. That the owners agree to comply with the Building Depart-
ment requirements for correction of life, health and
safety deficiencies.
e-r-4,, 1 0, W V r',
DATE:
TO:
FROM:
RE:
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CITY
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MEMORANDUM
April 6, 1982
u
PEN
reet
1611
Lou Buettner, Engineering Department
Colette Penne, Planning Office
Gary Esary l
Andrews/McFarlin Condominiumization -- Mill Street Right -of -
Way
A question has arisen as to the dedication of the Mill Street
Right -of -Way along the frontage of the Andrews/McFarlin property
as a condition of condominiumization.
Since the widening of Mill Street is desirable and apparenity
inevitable, it is in the City's best interest to get that ROW
dedication now and at the smallest possible cost.
It is true that ROW's have been acquired without compensation, as
a condition of certain land use approvals in the past. In my
opinion this is good land use planning and practice.
The issue of compensation is more acute, however, in a case such
as Andrew:/McFarlin, where the ROW includes taking of parking for
a commercial structure. In this case, and given the limited cir-
cumstances of the Andrews/McFarlin property (limited parking; bor-
dering on the river, on expanding Mill Street and a developing Rio
Grande Property), it is my opinion that the owners are entitled to
some compensation for the dedication of the ROW.
The question then becomes.how much compensation. The Engineering
Department is working on a calculation of exactly how many parking
spaces will be affected by the ROW.
Although the owners count 17 parking spaces in front of the pro-
perty, in practical terms the number is somewhat less. The owners
have designated as parking spaces certain areas actually used for
trash storage, traffic access and turnaround space. In addition,
The designated spaces are considerably below the accepted design
standards as to size. I expect, though, that the City and the
Memo to I,ou Buettner and Colette Penne
April 6, 1982
Page Two
owners will be able to agree on the number of spaces (in square
feet) affected.
Mr. McFarlin has indicated that his desire is for a replacement of
the affected spaces. McFarlin now parks vehicles behind Building
B on his property and has been encroaching on public Rio Grande
land for an additional 6 spaces or so. He has indicated that he
will accept, as compensation for the Mill Street ROW, rights to an
equivalent area for parking in the area on which he now en-
croaches. I believe this to be an acceptable possible solution,
although obviously it requires approval of City Council, possibly
a referendum and integration with the planning for the Rio Grande
property.
The proposed compensation package will be as follows: (1)
Andrews/McFarlin would presently deed to the City the requested
Mill Street ROW. (2) the City would license Andrews/McFarlin or
its designees to park on the Mill Street ROW (until the ROW is
actually used) and to park on the public land in back of Building
B where they now encroach; (3) when the ROW is actually taken for
use, the City would give the owners rights in the public lands
behind Building B equivalent to the rights affected by the ROW
(which equivalency would be determined and agreed to prior to
executing the dedication and license documents).
It would be technically possible to condition the condominiumiza-
tion approval on the accomplishment of such a compensation ex-
change within a certain period of time. I don't personally know
the owners' time frame for the renovation and sale of Building A
but the Mill Street rebuilding may be at least three construction
seasons away. The planning for the Rio Grande property is coming
to a head and a special election on the Charter provision affect-
ing sale of public lands is scheduled for this spring. Perhaps
the owners would agree to table this application to a time certain
to work out the compensation issue?
At the very least, such a condition on condominiumization puts all
on notice of the Mill Street ROW. If the compensation package
fails, the City is left with straight condemnation and is no worse
off than :it was before.
The very :least the City should come away with from this condomini-
umization application, is a stipulation as to how many parking
spaces (in square feet) are affected by the ROW. The City is not
in a position at this time to either pay cash compensation (from a
Memo to Lou Buettner and Colette Penne
April 6, 1982
Page Three
street improvement bond) or a land trade without solidification of
the Rio Grande plans or a referendum or Charter amendment. For-
tunately, we do not need the ROW just yet. What we do need, is to
agree to our maximum liability for the ROW and the trade for that
is encroachment license.
GSE:mc
RESOLUTION OF THE
ASPEN PLANNING AND ZONING COMMISSION
GRANTING SUBDIVISION EXCEPTION
FOR THE PURPOSE OF CONDOMINIUMIZATION
OF THE ANDREWS/McFARLIN BUILDINGS
LOCATED AT 410-414 N. MILL
Resolution No. 82 -
WHEREAS, the buildings located at 410-414 N. Mill are owned by Robert
Andrews and Clyde McFarlin, and
WHEREAS, the owners are requesting subdivision exception for the purpose
of condominiumization, and
WHEREAS, the two buildings are located in the S/C/I zone and presently
are rented for commercial occupancy, and
WHEREAS, the requirements of Sec. 20-22 (Condominiumization) of the
Municipal Code are interpreted as applying to residential condominiumizations,
and
WHEREAS, the owners may at a later date expand the present configuration
of their buildings and an extension of the Rio Grande Trail would be possible.
NOW, THEREFORE, BE IT RESOLVED by the Aspen Planning and Zoning Commission
that subdivision exception for the purpose of condominiumization is granted
for the two buildings located at 410-414 N. Mill under the following conditions:
1. That fee title dedication of the additional right-of-way required to
make a total Mill Street right-of-way of 80 feet be made to the City
of Aspen at the time of final plat.
2. That the owners enter into a written agreement to participate in the
costs of future capital improvements (curb, gutter, sidewalk, etc.).
3. That the owners agree to comply with the Building Department requirements
for correction of life, health and safety deficiencies.
4. That the owners enter into a written agreement with the City stating
that at the time of improvement of Building B, a 20-foot trail easement
would be dedicated at a location to be determined by the Engineering
Department.
Approved by the Aspen Planning and Zoning Commission at its regular
meeting on April 6, 1982.
ASPEN PLANNING AND ZONING COMMISSION
By:
Olof Hedstrom, Chairman
ATTEST:
Deputy City Clerk
r i
.,ndrews / McFarlin Company2 i
412 North YIll Street PIP
198
aspen, Colorado 81612_ ��
April 5, 1982 ASPEN P, i,,FN CO. i
pLAW4ING OFF"
City of Aspen
Planning Department - Collette Penne
130 South Galena Street
Aspen, Colorado 81612
Dear Collette;
Based upon the previous conditions agreed to at the Planning and Zoning meeting April 2, 19820
and based upon subsequent discussion with all departments requiring final approval for City
Council it is our understanding that the following is acceptable to all parties involved.
(1� Building Department
A. Condominiumization of both buildings, A and B - approval
B. Bring building A up to code prior to any sale of units
C. Bring building B up to code for life, health, and safety deficiencies now
D. Planning to enter suitable paragraph on final platt regarding any sale of units
in building B under consumer protection code.
(2) Engineering
A. Agree to trail easement
B. _.gree to whatever feasible
equivalent parking set-off
C. Agree to written agreenent
easement is necessary along ML11 Street, provided
is made avaiable.
to participate in future capital improvements
Sincerely,
Clyde MCFarlin
Robert W. Andrews
4 1��
•
555 Franklin St.
Denver, CO 80218
TO: Collette Penne, Planning Office
FROM: R. W. Andrews & Clyde McFarlin
DATE: March 4,1982►'•�`i� �� �982 -'
RE: Andrews/McFarlin Condominium ;PE-N / t' , �h� CJ• r
J Uri
Having reviewed the memoranda from the 1) Engineering Department
and 2) the Building Inspector the following will be done to comply: •��
1) Engineering report: Mr. Jim Reser will correct items #1 to #15.
2) Building inspection - electrical: All items will be corrected.
3) Building inspection - general: All items will be complied with
(exception #3 - setback).
Since all units will not be marketed simultaneously (e.g. the metal
building) we would like to coordinate the compliance schedule to
coincide with the sale of units.
Sincerely,
Robert W. Andrews
�9�Z-7-
Clyde McFarlin
TO:
FROM:
DATE:
MEMORANDUM
Louis Buettner, Engineering
March 11, 1982
Wepartmen�'
RE: Andrew/McFarlin Condominium
----------------------------------------------------------------
The Engineering Department having received a revised plat for the
above wishes to express the following:
The revised plat corrects 12 of the 15 items listed on the
memorandum of February 17, 1982. Alpire Surveys was notified
but could only correct 2 of the 3 remaining items.
The only item that has not been addressed at this time is the
additional right-of-way neeed for the continued widening of Mill
Street.
The acquisition of the right-of-way across this property is a top
priority for the re -alignment of Mill Street and construction of a
new Mill Street Bridge.
I can only repeat what was written in the Engineering Departments
previous February 17, 1982 memorandum.
The reason for acquiring rights -of -way are many, however, in this
particular case, we anticipate with the new Smuggler Mountain
potential growth, that we will have to re -align the Mill Street Bridge
and widE!n Mill Street from Puppy Smith Street to the North. Therefore,
the City would have to either acquire the above property outright
or acquire the right-of-way. It is to the City's advantage to
acquire the right-of-way during the subdivision (Subdivision Exemption
Condominiumization) process and reduce the cost of said improvements.
In this case, acquiring the right-of-way during the subdivision
exemption process, we will be negotiating with one owner instead
of many condominium owners in the future.
Section 20-16 of the Municipal Code titled "Improvements" requires
curb, gutter and sidewalk to be provided by the subdivider. These
items should be a condition of approval.
LB/co
0
January 27, 1982
City of Aspen
Planning Dept.
130 S. Galena St.
Aspen, CO
N�I
Re: Application for subdivision eRemption and
approval of condominium plan of 410-414 N.
Mill St. Bldg.
Gentlemen:
The intent of the owners of the subject property
is as follows:
1. To provide an opportunity for service commercial
businesses to locate in Aspen on a more permanent basis.
2. To provide a means of upgrading the real property
in keeping with current development in the area.
According to the code we have adequate parking space
for 33 cars.
Enclosed is proof of ownership documents.
Sincerely,
Robert W. Andrews
MEMORANDUM
TO: fc�A
FROM: Louis Buettner, Engineering Department
40�
DATE: February 17, 1982
RE: Andrews/McFarlin Condominium
Having reviewed the applicants plat for the above condominium
and having made a site inspection, the Engineering Department
has the following comments:
The Owner/Applicants should revise the submitted plat with the
following information:
1. Building locations on property.
2. Width of adjoining street right-of-way.
3. Location of Mill Street curb, gutter, and sidewalk
upon the right-of-way.
4. Existing utilities and metEr location.
5. General common elements, and limited elements.
6. Existing zone of the property.
7. Drawing index.
8. Description of survey monuments found or set for this
property.
9. Label buildings as "A" and "B".
10. Unit A-7 has no access easement.
11. The utility room on the second floor of the "B" building
is not shown as part of a unit or as a general element.
12. All units should be dimensioned as to size.
13. All areas of the buildings should be listed as general
or limited. elements.
Page 2
February 17, 1982
Andrews/McFarlin Condominium
14. 'Phere should be dimensions for all wall thickness.
15. Additional right-of-way, to complete Mill Streets 80 foot
right-of-way, is granted to the City of Aspen for the continued
construction of Mill Street.
The Engineering Department has adopted a policy to acquire as much
rights -of --way as possible during the subdivision, subdivision
exemotion,, and subdivision exception process.
The reason for acquiring rights -of -way are many, however, in this
particular- case, we anticipate with the new Smuggler Mountain
potential growth, that we will have to re -align the Mill Street
Bridge and widen Mill Street from Puppy Smith Street to the north
in the very near future. Therefore, some time in the future, we
would havE? to either acquire the above property outright or acquire
rights -of --way in the future.
It is to the City's advantage to acquire these rights -of -way now
during thE! subdivision exemption process and reduce the cost, if
not eliminating the cost totally.
By acquiring the rights -of -way during the subdivision exemption
process, we will be negotiating with the one owner instead of many
condominium owners in the future.
LB/co
.ASPEN41PI T KIN*EGIONAL BUILDING DEPARTMENT
MEMORANDUM
TO: Herb Paddock, Building Official
FROM: Stan Stevens, Inspector
DATE: February 18, 1982
RE: Electrical Inspection
410•-414 N. Mill Street
An inspection of electrical wiring and installation was made
at the above referenced buildings as a result of a request from
Aspen Planning Office. This request was in response to an
application for condominiumization of these buildings.
The following is a summary of the deficiencies noted duting-the
inspections.
506 East Main Street Aspen, Colorado B1611 303/925-5S73
A. Building A General
1) Service disconnects
-No protective covers as required by NEC Article
230-62a.
-Neutrals not identified as required by NEC
Articles 200 and 310
-No directory
-Right disconnect (single phase 3W) neutrual not
bonded or grounded.
-No water pipe ground
2) All lower units do not have access to individual
disconnect.
3) Receptacle circuits not properly sized for connected
load
4) The following deficiencies are present in varying
degrees in each of the individual units:
-Open ground circuit in grounded type receptacles
-Wiring to overhead lights and general wiring
not contained within metal raceway as required by
Aspen Code Section 7-157
-Insufficient receptacles as required by NEC Article
210-5(b)
-Receptacles and junction boxes without protection
covers
Building B General
1) Service drop conductor size too small to meet NEC
Article 230-90
2) Left service disconnect equipment
-Neutral not bonded to panel
-Neutral not identified
-No directory
-No water pipe ground
3) Right service disconnect equipment
-Neutral not grounded
-Neutral not bonded
-No water pipe ground
-No panel directory
4) The following deficiencies are present in varying
degrees in each of the individual units:
-Insufficient clearance around panels as required
by NEC Article 110
-Neutrals not identified as required by NEC Articles
200 and 310.
-No panel directory
-Uncovered openings in panel
-Insufficient receptacles as required by NEC
Article 210-5(b)
-Wiring to overhead lights and general wiring not
contained within metal raceway as required by
Aspen Code Section 7-157.
-Open ground circuit in grounded type receptacles
-Receptacle and junction boxes without protection
covers
B. Specific Deficiency in Unit B-12
Spray room in N.E. corner of Unit B-12 must be
wired and illuminated according to Class I, Division
I; Hazardous location as required by NEC Article 516
AStJEIVQ[zITKIN4�EGIONAL BUILDiOG DEPARTMENT
M E M 0
TO: Herb Paddock
FROM: John Ostwald, Inspector
DATE: February 19, 1982
RE: 410, 412, 414 N. Mill St.
1) Original permit of occupancy did not require fire separations.
There have been many changes of types of use have not been
properly recorded and now require 1-hour seperations.
2) Lack of adequate fire protection
3) Inadequate setbacks for types of occupancy
H-2 requires 30 feet.
4) Questionable ventilation and sanitary facilities
5) Exterior stairs are inadequate
6) New floor plan does not match existing and exit easements cannot
be granted
7) Mechanical room requires updating
8) Water Department records seem to indicate a discrepancy in number
of fixtures.
506 East Main Street Aspen, Colorado B 1611 303/925-5973
K&E 19 1154 5-80 MC954-
BOOK PAGE
NORTH
10 2C 4C r n
SCALE I" = 20'
OA515 OF DEAP ING5 THE F3EARING, A5 TAKEN FROM
U.5.C- s G. S. TRJANGULATION 5TAT10N "A51"EN" QUAD 39t I0(o5
5TAT)ON 1COI TO "ASPEN AZIMUTH MARL-', OF 505 22'Ce"E
WAg USEr) AS 5?F .515 OISE�RINC�S FCF, 7H15 SURVEY.
0ATUM PLANE, U.5.C. ECGS. MONUMENT 5.W CORNER- OF
THE PITKIN COUNTY COURTHCU5E., ELEVATION = 7130Yo.60.
DRAWING INDEX
SHEET ONE: PK0r KT7 E P_>UILDING LOCATION, RIGHT-OF-
WAY < UTILITY LOCATION, VICINITY MAP, CERTIFICATES,
SHEET TWO; UNIT DE`CRIPTION, 51ZE, 4 riE5)&NATION-o,
LIMITED i GENERAL COMMON' E.LEME-NT5.
EXISTING ZONING
C-5.1. - COMMERCIAL, SERVICE, e 1NPU5TIZVIL,.
cC< sr
MSC � �?
v-
Q a '
(,
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McFARLAN
CCNbomimUM N
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ASPEN
CLERK & RECORDER'S CERTIFICATE
11115 COHMMINIUM MAP OF AN171ZEW5 MCFARLIM CONDOMINIUM WAS ACCEPTED FOR FILING IN TI-tE OFFICE
OF THE CLff:KK AND RECORDER O>- 77 ff COUNTY Of P17KIN, STATE OF COLOFAQO, AT ........... O'CLOCK.....M.,
Tt1(5....... _....rDAY OF.., ...... ..................... Ig82, AND WA5 DULY FILED IN f!)00K _...._.._ AT PAC>E...................,
RECEPTION NURSER_ _ .................._................_.. .
I�ITKIN CC,_jk'" Y CLERK i RECORDER
ANDRENVS MC FARLIN CONDOMINIUM
OWNER'S CERTIFICATE
CLYDE L. MCFA.RL)N AND PATKICA K. WfARLIN AND ROBER.T W ANDREW5 AND LANE /WDR=WS, A5 OWNE25, IN
FEE 51MPLE, OF Tt1E FOLLOWING 0E5CR)5f:[) RFt1L PROPERTY,,
A TRACT OF LAND WITHIN THE NORTHWEST ONE -QUARTER OF Tt1E 501J7HWE5T ONE -QUARTER OF
SECTION 7, TOWNSHIP 10 500-fH, IRiAGE. 84 WEST OF THE Co TH FRINCIPAL MERIDIAN, E�ESCM6-
E.D AS FOLLOW5: F5F&INNING AT THE SczJTHEAST CORNER. OF THE NORTHWEST CNE-QUARTEP- OF
THE SOUTHWF,�-)T ONE -QUARTER OF 5AID 5ECTION 7; THENCE N 6'1'52' W ALONE THE 50CJTH LINti
OF THE N0K7HWE5T ONE-QUAR-TER OF THE DUTHWEST ONE-QUAKTEK OF D ACTION 7
A DISTANCE OF 184.4 FEET, 7HENCE N 53'35 W 255 FEET TO THE 7RUE PO)N I Cr BEGINNING,
THENCE 5 55' 28' W 108 FEET ALONG THE NORTTHE2LY LINE OF A TRACT Or LAND r-_E5CRI5EP A5
"TRACT P�" IN DEED KECORDEI7 IN DOO` Z70 A7 PAGE 004, THENCI= N 56' 52' W 110,50 fEET;
THENCE N 20'49' 22"E I&Co.20 FEET; THENCE 5 r&- 5Z' E 11.50 FEET, THENCE H 27 21' E 33.92-
�h 1`EET; THE1,4CE SOUTHERLY ANID nOLFFHEA5TER1" ALONG THE WESTERLY BANK. OF THE K0AfzIN6
FDKK RVEK ICo5 FEET MORE OF LEA; THL -I- 5 3Y 28' W 12.0 FEET 1,L L FC LE55 TO THE.
m/ O POINT OF P_)EC::)INNINC-7.
3 fV �^�a� HERFA
HERESY CERTIFY THAT THIS MAP OF ANPREWS MCRLIN CCNyPOMIN)UM HA.5 P>EEN1 PREPARED PURSUANT TO THE
c"e.`m
`0 0 1'
3�F �� THE PUIZCYJS STATED IN THE CONDOMINIUM DECL_PrvTION FOR ANDREWS McFAFZLIN CONDOMINIUM DATED AND
~ IZECOKVED IN THE REC012D5 OF PITK(N COUNTY, COI.OFZ DO, DATE__........._..........;nCOK'............__.;PAGE'_.......................
W L
D4)
rr^^ z
�'J N
a-
G C L.
FOWF; "7i E
,ir
TELE. 13311C
POWEW- POLE
51VTHEg9T Coo.
N.V Y4 -.WA SM >
z
STATE OF COLOkADO) 5.5.
COUNTY CP PITKIN )
THE FOREGOING OWNER'S CERTIFICATE WA5 ACKNOWLEP&ED P5EFORE ME TH13....._....DAY Dr ................................ 1982
DY CLYDE L 1,kFAKLIN, PATIZICA I;. (1cFPJZLIN, R013EF-T W. ANPFEW5 AND JANE ANDREWS WITNEgS MY HAND
Mt? OFFICIAL SEAL, MY COMMISSION EXP)RE5
NOTAK.Y PUBLIC
SURVEYOR'S CERTIFICATE
I, JANII-5 F RESEK, A REGI5TEKED LAND 5URVEYOR HERE15Y CERTIFY THAT THIS HAP 1ZEPRES> NTS AN ACTUAL
FIELD SURVEY PERFORMED UNDER MY DIRECTION ^,ND SUPERmnjON IN DECEMDE:R, 1901, OF THE PROPERTY
A5 5HOWN HEREON, AJ'ID THAT THE. -TWO STOIR`( METAL BUILDINGG, THE TWO nTORY MAOONR'f BUILDING, AND
THE ONE. STORY WOOID F1ZPM> OUILDING WERE FOUND TO DE LOCATED ENTIREL'f W17HIN THE DOUNDfVZY LINES
OP OAID REAL PROPERTY, A5 S)i HEREON. THE LOCATION AIYD D)MEN510N5 OF THE DOUNDAR`f LINE5,
BUILDINGS, IMPIROVEMENTO, EASEMENTS, RI&HT5-CF-WAY IN EVIDEP-ICE OR KNOWN TO ME, AND ENCKCACHMENTS
5Y OR ON THESE PREMISS ARE ACCURATELY SHOWN ON THI5 MAP, AND THE MAP ACCURATELY Nil? 5UP_yjTANTIALLY
OEPICT5 THE LOCATION AND THE t101RIZONTAL AJ10 VERTICAL MEASUREMENT5 OF THE DUILDINGS, TrAE CONDOMINIUM
UNITS THEREIN, THE UNIT DESIGNATIONS THEREOF UNDER THE INSTRUCTION5 PROVIDED ME DY -THE OWNEF,-,
THE: DIMENSIONS OF SAID UNITS, AND THE E:LEVATTIONS OF THE PLOOIZ5 At D CEILINGS,
JAME5 F 1ZE5ER., L5. 9IS4
EXECUTED TH15...... ..DAY Of -......_._.........1 1982
CITY OF ASPEN CONDOMINIUM APPROVAL
THI5 CONDOMINIUM MAP OF ^NDKEW5 McFNKLIN CONDOMINIUM WA5 APP)RO/ED 15Y THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, TH15. _ --- _.. DAY OF ...................................... 1962,
HERMfNN EDEL , MP.YOR KATHICYN KOCF1 , CITY CLERf`,
CITY ENGINEER'S CONDOMINIUM APPROVAL
IHI5 CONDOMINIUM MAP OF ANPREWS MCFAZLIN CfCNr)GMIN)UM WA5 API" OVER 5Y THE. CITY ENC�INEEdZ OF
THE CITY OF ASPEN, COLOFZAI".JO, TH15 ....... DAY OF_ ......... ... ...... ........... .. , H82.
CI
...........TY ..........INE. _.Eiz.. .._ .. _....................
ENG..
PLANNING & ZONING COMMISSION APPROVAL
TH)5 CONDOMINIUM MAP OF ANPKEW5 MCFA+ LIN CONDOMINIUM WA5 APPP2C ✓ED 13Y TfiE CITY OF ASP£.N
PLANNING ^ND ZONING COMMI551ON THI-0 ................ 17AY CF........... ........................ _-.. Ig82.
G--IAIRMt�I
NOTICE Accortlmo to Colorado law you m at c mmii ,,.—,
based upon any defect in this survey within six years after you first discover
such defect. In no event may any action based upon any defect in this survey
be commenced more than ten years from the date of the certification shown
hereon
Alpine purveys
Post Office Box 1730
Aspen, Colorado 81611
303 925 2688
Surveyed 12 29 81 PCB Revisions
Drafted 1 I °I 82 DR.
Title CONEOMINIUM KAF
SHEET ONE OF TWO
Job No 131 12D 2.
Client Mcf/`KUN
K&E 19 1184 8-80 MC984.
5-T^i - C-.C. E. BLS. A
FIRST FLOOR
5TAIR5 - G.G.E. HL�-G, D
RESTIZ -- G.G.E. 12-11-✓C>. 13
T %
up
4.1'J n n 415
T
B
UP �"T--9TAIR�=�G. E.— —
FIRST FLOOR
SECON'I FT IOR
jP
STAIFC<.
Z11.02
I
I
29.02
I
I � i
UNIT D 7 W j
UNIT
D i3
m
---CEILING
tt EIGhT - H.45' I
U
GEI LIfVG HEIGHT19.7'
UNIT ft 9
j E
UNIT
1) 10
B
5
73
.o
v
-
UTILITY
ROOM
n
----- - -------
I Z
I
UNIT P) II
i '
° i
UNIT
0 12
a
w U
CEILING HEIGhrC - 11.45'
I I
Zq.02
I I
Zel.OZ
u p
SECOND FLOOR
ELEVATION = 787q.91
ELEVATION = 7671-51
v
r.
ELEVATION = 7370,02
ELEVATION - 79>55.44
SECTION A A
SECTION B B
ELEVATION = 7M2.21
NOTICE: According to Colorado law you must commence any legal action
based upon any defect in this survey within six years after you first discover
such defect. In no event may any action based upon any defect In this survey
be commenced more than ten years from the date of the certification shown
hereon-
Alpine Surveys
Post Office Box 1730
Aspen, Colorado 81611
303 925 2688
Surveyed 12 18 81 1'n Revisions 3 Z 82 1DJZ
Drafted 1 Z. 30 V OF —
Title COHDOM(MUM Mf\P
SHEET TWO OF TWO
Job No 81 125- 2
Client Mcf:�KLIN
K&E 19 1154 8-80 MC934.
BOOK PAGE
NORTH
zc 40
5CALE 1" = 20'
t3A5i� OF f3F1V21NGS THE BEARING, A5 TAKEN FRC)M
U.5.G. E G.5 TRIANGULATION 5TA710H "ASPEN" QUAD 3910(o3
5TATION 1001 TO "ASPEN AZIMUTH MAR,I<'., OF 505 22'C8"E
WA-D L),>EID AS t3AS15 OF 13Ef�RINGS FCR TH15 tuRVEY.
DATUM PLANE: U.5. C. E at), MONUMENT 5 W CORNER OF
IHE PITKIN COUNTY COUfZTHOU5E, ELEVATION = 7`IGYo 80.
C,Q A" ii �PAR
'�
l
,n
O . 1e�r
NI' � QO��i
NORTH
ASPEN J U
CLERK & RECORDER'S CERTIFICATE
IH15 CONDOMINIUM MAP OF ANOF W5 MCFARLIN CONDOMINIUM WA-,, /ICCEFTED FOR FILIMG IN TI-tE OFFICE
OF THE CLERK AND IRECOKDEK OF -Mff COUNTY OF PITKIN, 5-fA-TE OF COLD Af DO, AT...,..,....-O"CLGCK.--_M.,
THIS..........DAY OF 1962, f�ND WA'S DULY FILED IN fnC0r1_.......__ AT Pf1GE....._........._.,
12ECEPTION NUMI3EIZ__. _......___. ..................... _. .
I�ITKIN CC0N4TY CLERiL f RECORDER
ANDREWS ETC FARLIN CONDOMINIUM
OWNERS CERTIFICATE
CLYDE L. McFARL)N AND PATKICA R. McF^RLIN AND KOBER.T W ANPREWS ANP JANE ANDRE.W5, A5 OWNE25, IN
FEE 51MPLE., OF THE FOLLOWING DE5CR15CID F_54L- PROPERTY;
A TKACT OF LAID WITHIN THE NORTHWEST ONE -QUARTER OF THE 5CU7HHiE5T CNE-QUAZTEIZ OF
nECTION 7, TOWN5HIR 10 50U-TH, KANaE 8.4 WE5T OF THE & TH PRINCIPAL MERIDIAN, r�ESCRIF3-
ED A5 FOLLOW5, 5EGINNING AT Tl-IE SOUTHEAST CORNER. OF THE NORTHWEST CNE-QUARTER OF
THE 50U1HWE_t)T ONE -QUARTER OF SAID SECTION 7, THENCE 1159'32' W ALONG THE 50UTH LINT
OF THE NORTHWEST 0NE:-0UAfK7Ef2 OF THE SOUTHWEST ONE-QUAKTEK OF SAID SECTION 7
A DI`)TANCE OF I84A FEET, 7HErICE N 53'35' W 255 FEET TO THE TRUE f10JNT Imo' 5EGINNING,
f
THENCE. 5 55 28' W 108 FEET ALONG THE NORTHERLY LINE OF A TRACT OF LAND UlfSCRI13ED A5
It TKACT ?� " IN DEED KECDRDECG IN P_)OOtK 270 A7 RAC-7E 004; THENCE N 5& 32' W 110,50 FEET,
THFJ`ICE N ZO 4`I' 22"E IG69.20 FEET; THENCE 5 ` C,2' 32T E °1 50 FEET, THENCE N 27' 21' E 33.9Z
p�
FEET; THEI-ICE SOUTHERLY AN13 SOUTHEASTEKLY ALONG THE WESTERLY }SANK Cr THE KOAfRIN6
r
PDKK RfVJZ IG5 FEET MOfZE OF LED ; THENCE 5 33P 28' W 12.0 FEET tv f E OR. LE55 TO THE
POINT OF P_�EG�,INNING.
v o��
►�
HERLbY CERTIFY THAT THIS MAP OF ANPREWS McW-LIN CO'IPOMINIUM HA-) BEEN I'REPARE77 FUKSUANT TO THE
THE FUK15105E5
0.0
STATED IN THE CONDOMINIUM OF_CLARA710N FOR ANPREWS MCFA.RUN CONDOMINIUM DATED AND
RECOKOED IN THE
F I
y
RECORPf) OF FiTKfN COUNTY, COLORACXU; DATE
vJ�
STATE OF COLOIWJO )
COUNTY OF PITKIN ) 5.5.
THE FOREGOING OWNERS CERTIFICATE WA5 ACKNOWLEI&ED P5EFORE ME THIS.._ .... DAY Of _....,.,, . - .._.. 1982,
6Y CLYDE L McFARLIN, PATIZICA R McFARLtN, IZ013ER.T W. ANDREWS ANf.) JANE AtNDREWS. WITNESS MY l-4V'ID
ANi2 OFFICIAL SEAL, MY COMM15510N EXP11ZE5
NOTARY PUBLIC
SURVEYOR'S CERTIFICATE
I, JAMES F IRESEIK, A RE615TEREp L,-,"i0 SURVEYOR HERE5Y CERTIFY THAT THIS MAP REPRE�:)ENTS AN ACTUAL
FIELD SURVEY PERFORMED UNDER MY DIRECTIOK PV_'ID 50PER.VISION IN DECEMC3ER, 1981, OF THE PROPERTY
A5 5HOWN HEREON, ^NP THAT THE TWC STORY METAL nUILDING, THE TWO STORY MASONRY r:lOILDING, AND
THE ONE STORY WQ7D FRPM1= WILDING WERE FOUND 70 DE LOCATED ENTIRELY W17HIN THE I--)OUNP/,PK-( LINES
OF SAID REAL PROPERTY, AS 5f-tCM/N MEKEOH. THE LOCATION PJYD 0IMEN51ON5 OF ThE 130UNDAR`( LINE5,
F3UILDINGS, IMPROVEMI=NTO, EASEMENT,-), RIrz7MT5-0E-WAY IN EVIF-YENCE OR rNOWN TO ME, ANP CNCROACHMENT5
5Y OR ON THESE. FREMISE5 ARE /,CCUWt7ELY SHOWN ON TH15 MAP AND THE MAP ACCUI?P.TELY MIP b0P15TANTIALLY
DEPICTS THE LOCATION AND THE HORIZONTAL AND VERTICAL MEAWR1 MENT5 OF THE DUILOINGx5, THE CONDOMINIUM
UNI75 THEREIN THE UNIT DE5IGNATION5 TMEREOE UNDER TI-tE INSTRUCTION.5 PROVIDED ME DY THE OWNEtZ,
THE DIMEN510N5 OF SAID MlT5, AND THE ELEVATIONS OF THE FLOORS AND CEILIN&5.
JAMES F RESEP-, L.5 9184
EX_ECU�ED -THIS. DAY OF gfl2
CITY OF ASPEN CONDOMINIUM APPROVAL
THI5 CONDOMINIUM MAP OF ^NDREWS McFARLIN CONDOMINIUM WA5 APPROV>=.D 13Y THE' CITY COUNCIL OF THE
CITY OF ASPEN, COLOR/ADO, TH15. ...DAY OF...___._..
t1ERMFN EDEL , MP YOR KATlm` KC)Ct-1 , CITY CLERt<_
CITY ENGINEER'S CONDOMINIUM APPROVAL
HlS CONDOMINIUM MAP OF ANPREIWS Mcr^KLIN c_QN X M(NIUM WA) /"PPROVED 5Y THE CITY ENGINEER OF
THE CITY OF ASPEN, COLOFUVX), TH15 _. __DrS'( or . H62.
CITY ENGINEER_
PLANNING & ZONING COMMISSION APPROVAL
TH15 CONDOMINIUM MA' OF ANDREWS McF/>RL_IN CONDOMINIUM WAS NPmo/E.D 13Y TfIE CITY OF f�PE_N
PLANNING AND ZONINC- COMM155101`-4 TI Ham -..._ I7AY Cr -.. ,,_.,..__.... _...-. ._ I�t82.
6t1AIRMPt 1
Alpine Surveys Surveyed 12 2� 8; f'13 Revisions Title COiV CONDOMINIUM M' Job No t')I 125
Post Office Box 1730
Drafted 1 11 82 rO.K.SHEET ONE OF TWO Client ,^�cF/v�.iN
Aspen, Colorado 81611
303 925 2688
K&F 19 1184 5-80 MG984*
FIRST FLOOR
up
5b.05
I
I
u�
N UNIT D 1
UNIT b 2
15
-
�I I
a� I
V �
I
iS 6EM1 GCa5 • 1.45
B
UNIT 0
UNIT D 4
l _ �iS BEAM o(05 ` 1.45
I
� I
UNIT D 5
UNIT Oro
Iwl I
\9
d) I
v
Q I I
- I
Sri 05
UP
—
J
FIRST FLOOR
C
SECOND FLOOR
B
SECOND FLOOR
SECTION A A
SECTION B B
ELEVATION = 787q.1I
`,M)`I = 7879.51
kTION = 7-' 70.02
TION - 7b55.4.4
ELEVATION = 7 62.21
ELEVATION = 7679.&1
ELE✓AT11H 78a8.14
ELEVATION = 7855.c.5
NOTICE According to Colorado law you must comrn -,- any legal action
based upon any defect in this survey within six yeas after you first discover
such defect. In no event may any action based upon any defect in this survey
be commenced more than ten years from the date of the cerfitica Lion shown
hereon.
Alpine Surveys
Post Office Box 1730
Aspen, Colorado 81611
303 925 2688
Surveyed 12 16 61 Fn Revisions Title CONDOMINI!JP1 V,/AP
Drafted 12. '0 61 Q.R.
SHEET TWO OF TWO
Job No
Client ,_F,
it
K&E 19 1154 5-90 MC954.
PAGE
NORTH
5C/\L E 1 " 20'
OA51S OF f3EAF21NGS THE F3EAR1N6, A5 TAKEN FROM
U.5 C. F G. 5 TRJANGULATION 5TA710H 11A5PEN" QUAD 39I0Co3
57ATION 1001 TO "ASPEN AZIMUTH MARK', OF 5O5'22'C8'E
WAf) U`7EID . k5 13P S15 OF 5Ei\fKINCG5 FCR TH15 SURVEY.
(DATUM PLANE U.5 C E C,, MONUMENT 5.W CORNER OF
THE i11_rk11 ( r/V IJTv ), it ury — 11 —reT I.- r
J
v
L' U
CLERK & RECORDER'S CERTIFICATE
lHlS CONCXUMINIUM MAP OF AN DREW5 MCFARLIH CONDOMINIUM WAS ?.CCE.PTEfD FOR FILING IN TI-tl= UPFICf=
OF THE CLEKK, AND K CORDEK 01= THE COUNTY Of= P17KIN, 5TA-T1= OF COLOWJO, AT O'CLOCK.--M.,
7r115. _ __. Oi Y OF. ... _ .-....., 1952, fWD WAD [DULY FILED IN t�K ___ AT PAGE ...............
TZECEPTION NUMI3EFZ__
PITKIN CCJNTY CLERIL r RECORDEJZ
.�l\TllRE`ti S MC F.�RLIN CONDOMINIUM
OWNER'S CERTIFICATE
C;LYfDE L. McFARUN AND PATKICA R t-L54RLIN AND K015ERT W MERZEW5 AND JANE ANDRfW5, AS OWNE25, IN
FEE SIMPLE, OF THE. FOLLOWING Ct5CR113ED (ZEAL PROPERTY;
A WACT OF L^NF7 WITHIN THE NORTHWEST ONE -QUARTER OF TtIE 50J7HWE5T (>E-QUAKTEF, OF
nE(_7i0N 7, TOWN.)HIP 10 .SOUTH, KANCvE 84 WEST OF THE. & TH PRINCIPAL MER IPIAN, DESCg6-
E.D A- FOLLOWS BEGINNING AT TlIIE �)THEAST CORNER. OF T E NORTHWEST CIE -QUARTER OF
THE 5OU7t1WE5T ONE -QUARTER OF SAID SECTION 7; THENCE: II.)9°32'W ALONG THE SOUTH LINE.
OF THE NORTHWEST ONE-QUAR-TE2 OF THE SOUTHWEST ONE -QUAKTEX OF 5AV --f—CTION 7
A DI`)TANCE Cf� I844 f EET, -THENCE N 53°35' W 255 FEET Tr) THE TRUE: POINT CF ffEGINNIwo,
THENCE. ¢O, 33° 25' W 108 FEET ALONG I"HE NORTHERLY LINE OF A T"CT CIF LAND cC5CRII3ED A5
L'
II TRACT 11 1N DEED KECORDED IN F500K Z70 A7 FAC-7E 004, THENCE N 5(e 32' W I IC-50 FEET,
!� THEJ-Cf- N 20°49' 22"E 16,Co 20 FEET; THENCE 5 _-X2,- 3Z' E 1150 FEET,THENCE N 27° 2)' E 33.92
pti �.+ Ff✓ET; THENCE 50UTHEFZLY AND 50(JTt1EADTERLY ALONG THE WESTERLY T3ANY, Cr THE KOAKING
FDKK RfVER IG5 FEET MORE OK LEA, THENCE 5 3Y 28' W 120 FEET YOKE OK LE55 TO 7HE
OPOINT OF i' EfANNING.
HEREt)Y CERTIFY THAT THIS MAP OF ANPREWS McFARJ-IN CONPOMINIUM HAL) PEEN PIZEPAIZE7 FL)KSUANT TO THE
THE PUKF205E-) STATED IN THE GD� ONE)OMINfUM :CL.ARAMON FOK ANPRE.W5 McFAFZLIN CONDOMINIUM DATED ANU
v 32 ti \ KECORLED IN THE RECOIZIUS OF PITKIN COUNTY, GOL.ORADC>, DATE YJJK' PACE
cell
ti
O
oa
HKiMI
hKEFEd
\
o
C J0 < O ���Lam,G
CL_j
T
N012T}1
�V
ASPEN D
ez5/C'1 �47
Expos oNaR�
u
C,LYDE L t-k_ I=ARLIN
PATRICA IZ. McFAtZLIN
%OC�EKI- W AND3ZEW5
Jf�1'1f� ,�NfDfZEWS
7TAT1= OF COLORADO;
COUNTY OF PITKIN ) 5 5.
THE FOREGOING OWNERS CERTIFICATE WAD ACKNOWLEP(�'Efi BEFORE ME THIS.. _ _ DAY Of _ _..... _._ ..., 19G2
I>Y CLYDE L McFARLIN, PATQ(A P_ r-kF^RLIN, R013ERT W. ANPFEW5 AN1D JANE ANDREWS WI7NE55 MY hAN[)
ANr OFFICIAL SEAL. MY COMM1551ON EXPIKES'_
NC'TA(ZY PUBLIC
SURVEYOR'S CERTIFICATE
I, 11AMES F RESEF_ P\ 5URVEYOR, HERE5Y CERTIFY THAT THIS "AP REPKE!DF_NTS AN ACTUAL
FIELD SURVEY PERFORMED UNDER MY UIKECTtON AND 5UPEP_V151ON IN IDECEMDER, 1981, OF THE PROPERTY
A5 C)HOWN HEREON; AliD THAT THE TWC STOTZ.`! METAL PUILDING, THE TWO nTGKI( MASONRY rIOLDING, AND
THE ONE STORY WOOD FRPME BUILDING WERE FOUND TO nE LOCATED ENTIRELY W17HIN THE DOUNDi R-( LINES
OF SAIn KEAL PROPERTY, AS SttOWN r1EIZf=OH. THE LOCATION N1D fDIMEN510N5 OF THE 5WNDAR`( L)f'NES,
I3UIL0INC>5, IMPROVEMENTO, EASEMENTS, RIGHT5-aF-WAY IN EVIIDE!iCE OR KNOWN TO ME, AMP ENCROACHMENT5
F'_,Y QR ON THESE PREM10.E5 ARE ACCURATELY SHOWN ON 7HI5 MAP ANC' THE MAP ACCURATELY ANP SUP-OTANTIALLY
TDEPICTS THE LOCATION /AND THE HORIZONTAL ANO YERTICAL. MEASUREME`IT5 OF THE BUILDINGS, THE CONDOMINfUM
UNITS THEREIN, THE UNIT DE5IGNATICNS THEREOF UNDER THE INSTRUCTiON5 PROVIDED ME DY THE OWNER.,
Tr1E DIMENSIONS OF SAID UNITS, AIaD Ft-E ELE'✓A710tv5 GF THE FLOORS AND CEILING5.
J/WIES E Fz>=SEtZ .-5- GIR4
✓CECJTELJ 7H15.__ pAY OF,__ . _._ _ NP2
CITY OF ASPEN CONDOMINIT-M APPROVAL
THIN CONDOMINIUM MAP OP /\NURREW5 McF/V 1L)N CONDOMINIUM WA5 APPROVED 15Y THE CITY COUNCIL OF THE
CITY OF ^:J'EN, COLOR^\DO- TH15. DAY OF _. .... M32.
ERM,�N EDEL , MP (OR K/�-TI-tCYN KCCH , CITY CLEW_
CITY ENGINEER'S CONDOMINIUM APPROVAL
HI5 CONtDOMINiUM MAP OF ANDR)=W5 McFAKLIN CGNr_)oMINIUN WA5 fV'PROVEu 6Y THE CITY ENGfNEE.CZ OF
THE CITY OF ,ASPEN, COL01WDO TH15 __ I DAY OF _ 1982,
CITY ENGINEEI,
PLANNING & ZONING COMMISSION APPROVAL
THI5 CONTDOMINIUM MAP OF ANPKEW5 Iv1cF/WLIN CONPOMINIUM W/\5' ,APPkC)✓ED I3Y THE CITY OF ASPEN
PLANNING AND ZONING COMM155ION THIS
Ci-iP�IRMPJ�I
NOTICE Acrom,ny 10 COIOradO law
based upon any defect in Ih—urvey
such defect In no event may anv act.on t �n!his su rvr,
be Commenced more than I- years Irc..n the date O([ht. �,� rt�I.fafion .Shown
hereon
Alpine Surveys
Post Office Box 1730
Aspen. Colorado 81611
303 925 2688
Surveyed 12 21 i'I Pb Revisions
Drafted I I 82 iD.R.
Title CONDOMINIUM MIAF
SHEET ONE OF TWO
Job No
Client
(j S-38B I
tI 12D Z
Mc1=/1R1.IN
19 1134 6-80 MC95-
T
1
B
1 I r. 1_r T.r -- --
�J7 -{ t-}
UNIT A 1
FUTURE W"\LL
0.15
UNIT A2
I�
24 7")
UNIT A 3
UNIT A5
I�
L
FIRST FLOOD
4.i5 415
S8 05 I
I I
i I �
I � I
UNIT D I UNIT 13 2
Q'
J
U�
w
�I I
I
Z'EIN C 15 r 1 4.5 �•
i
UNIT n 3 UNIT D 4
iI �v
3E.M9 O (05 - 1.45
w I
UN IT D 5 H UNIT DO
� I
I w I
wl
� I
I
I
558 0up
j
FIRST FLOOR
SECTION A A
SECOND FLOOR
�T
58 05
ELEVATION = 76/q`11
ELEVATION = 7e79.51
ELEVATION = 7'70.02
ELEVATION - 7e,55.44
UNIT D 7 UNIT D 6
I �
I I
I
w ELEVATION = W2.21
o UNIT 1t 9 UNIT 1` 10
9 B
ELEVATION = 7679.ly1
7 Uj
- - - ---- - --- - - ----------- r U
Z ELEVfITlnly 7306.14
UNIT fJ I UNIT 0 12LU
- -
�
I - u
w z
I a I
E5�05 ELEVATION = 7ScE v
LP -
-
SECON D FLOOR O 0 SECTION B B
Alpine Surveys
Post Office Box 1730
Aspen, Colorado 81611
303 925 2688
Surveyed
12
lb 61
FD Revisions
Drafted
12.E
81
O.F.
Title CONDOMINIUM M,`�
SHEET TWO OF TWO
Job No 51 125
Client M&IRLIN