HomeMy WebLinkAboutcoa.lu.ec.South of Ute Ave-Hoog-4-Assoc.30-80
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TO:
FROM:
RE:
DATE:
Location:
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MEMORANDUM
Aspen City Council
Jolene Vrchota, Planning Office
Hoag-4 Associates Subdivision Exception
/d
of Ute Avenue)
Zoning:
Rental History:
The Certificate of Occupancy was issued in July, ,1980;
therefore, there is no rental history for this duplex.
If the subdivision exception is granted, approval should
be conditioned upon a six month minimum lease restriction
with no more than two shorter tenancies in a calendar year
(Section 20-22 of the Municipal Code).
Attorney's Comments:
Engineering Department
Comments:
See memorandum from Jay Hammond to Jolene Vrchota dated
July 25, 1980.
Planning Office
Recommendation:
The Planning Office recommends approval of subdivision
exception (exception from conceptual approval before
Council and from preliminary approval before P & Z)
for condominiumization subject to the applicant meeting
the following conditions:
1. All units shall be deed restricted to six-month mini-
mum leases with no more than two shorter tenancies
in a calendar year.
2. The applicant shall comply with conditions 3, 4 and 5
as delineated in the memorandum from Jay Hammond
(Engineering Dept.) dated July 25, 1980, except that
the condominium plat should be approved by the Engi-
neering Dept. and recorded after (not prior to)
City Council approval.
At its regular meeting on August 4, 1980, the P & Z
recommended approval of subdivision exception for
condominiumization subject to the conditions in the
Planning Office recommendation.
P & Z Recommendation:
Suggested City
Council Motion:
Page One
Move final plat approval of subdivision exception for
condominiumization of the HoBg-4 Associates duplex located
on Lot 4, Hoag Subdivision subject to the following
conditions:
1. All units shall be deed restricted to six-month minimum
leases with no more than two shorter tenancies in a cal-
endar year, according to Section 20-22 of the Municipal
Code.
2. Following final City Council approval the Condominium
Map shall be revised and resubmitted to the Engineering
Department for approval prior to recordation. The
revised Map shall include the following:
a. Indicate on-site parking.
b. Indicate existing utility extensions and meter loca-
tions for each unit.
c. Show zone district.
d. Include an index on Sheet #1.
e. Add surveyor's signature and seal.
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Suggested City
Council Motion, cont.
3. The Condominium Map shall be recorded prior to sale of
any units.
4. The applicant shall agree to join a sidewalk, curb and
gutter improvement district in the event one is formed
and so deed restrict.
5. The applicant shall provide six on-site parking spaces
as required in Municipal Code Section 24-4.5 utilizing
one curb cut as required in Section 19-101.
Memo: Hoog-4 Subdivision Exception
August 18, 1980
Page Two
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APPLICATION FOR EXEMPTION
FROM SUBDIVISION REGULATIONS
Request is hereby made on behalf of Hoag-4-Associates,
Ltd., a Colorado limited partnership (hereinafter referred
to as "Applicant"), under Section 20-l9(a) of the Aspen,
Colorado, Subdivision Regulations, for an exemption from the
definition of the term "subdivision" with respect to the
following real property:
Lot 4, Hoag Subdivision,
County of Pitkin
State of Colorado
It is submitted that the requested exemption is ap-
propriate. This application involves subdivision of an
existing duplex residential building. A subdivision of one
lot with a duplex on it creates conditions whereby strict
compliance with Subdivision Regulations would deprive this
Applicant of the reasonable use of his land. If an exemption
is granted, the owners of the property will have a common
interest in the land and there will be a condominium de-
claration and maintenance applicable to the property which
will not in any way increase the land use impact of the
property. If an exemption is granted to this Applicant, it
will not conflict with the intent and purposes of the
Subdivision Re~ulations which are directed to assist the
orderly, efficient and integrated development of the City of
Aspen, to insure the proper distribution of population, to
coordinate the need for public services, and to encourage
well-planned subdivision.
The granting of this application will not undermine the
intent of the Subdivision Regulations as this application is
clearly within the area intended for exemption under Section
20-19. The building is already in existence, and there will
be no change in the density for the property which is presently
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compatible with the zoned den.sity for this property. Con-
struction of the duplex building was completed in June of
1980, and the certificate of occupancy for both duplex units
has been issued. There are no existing leaseholds applicable
to either of the units in the duplex building, and neither
of such units is suitable for low or moderate income housing
as described in the housing price guidelines adopted by the
Aspen City Council. The Affidavit of the Applicant attached
hereto presents evidence that approval of this application
will not reduce the supply of low or moderate housing in the
City of Aspen.
The Applicant agrees upon condominiumization approval
to restrict the rental of each of the duplex units to per-
iods of not less than six successive months (or in the
alternative to not more than twice for short-term periods
within any calendar year).
The prompt consideration of this application will be
sincerely appreciated.
Dated: June~, 1980.
BY
, Ltd.
chs
St., Suite 201
81611
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AFFIDAVIT OF JACK BARKER
STATE OF COLORADO
ss.
COUNTY OF PITKIN
The undersigned affiant, being first duly sworn upon
his oath, deposes and says:
1. He is the general partner of Hoag-4-Associates,
Ltd., which is the owner of certain real property described
as Lot 4, Hoag Subdivision, County of Pitkin, State of
Colorado. A duplex residence (hereinafter called the "duplex")
has been constructed on said property by Hoag-4-Associates,
Ltd.
2. Construction of the duplex was completed in
June of 1980, and neither of the residential units in the
duplex have been leased to or occupied by any persons. The
residential units in the duplex therefore have no rental
history, and no tenants have been displaced from occupancy
of either of said units.
3. Each of the residential units in the duplex
contains approximately 1,670 square feet of living space,
including three bedrooms and three baths. Each of such
residential units is large and luxurious and is not af-
fordable for tenancy by persons of low or moderate income
within the housing price guidelines adopted by the Aspen
City Council.
4. Affiant does not intend to sell either of the
residential units in the duplex to any employer or group of
employers who intend to rent the units to their employees.
5. If any persons are tenants in the residential
units in the duplex at the time of condominiumization of the
duplex, then affiant will give such persons the first
opportunity to purchase such units at the proposed fair
market value if either of such units is sold.
/~~Jc~-/
~,.Jac , Barker
Subscribed and sworn to before me this / ( J. day of
June, 1980 by Jack Barker.
Witness my hand and official seal.
My commission expires:
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
Aspen City Council
FROM: Jolene Vrchota, Planning Office
RE: Hoag-4 Associates Subdivision Exception
DATE: July 28, 1980
Zoning:
Rental History:
Lot 4, Hoag Subdivision (off Ute Avenue)
R-15 (19,448 square foot lot)
Location:
The Certificate of Occupancy was issued in July of
1980; therefore there is no rental history (duplex).
Engineering Comments:
If the subdivision exception is granted, approval
should be conditioned upoA'a si;i< month minimum lease
restriction with no more than two shorter tenancies
in a calendar year (Section 20-22 of the Aspen
Municipal Code).
See memorandum from Jay Hammond to Jolene Vrchota
dated July 25, 1980.
Attorney's Comments:
Planning Office
Recommendation:
The Planning Office recommends approval of subdivision
exception (exception from conceptual approval beiiore
Council and from preliminary approval before P & Z)
for condominiumization subject to the applicant meeting
the following conditions:
1. All units shall be deed restricted to six-month
minimum leases with no more than two shorter
tenancies in a calendar year.
2. The applicant shall comply with conditions 3, 4
and 5 as delineated in the memorandum from
Jay Hammond (Engineering Dept.) dated July 25, 1980.
NOTE: This application was being processed at the time that condominiumization
procedure was being changed from exemption to exception. Consistent
with previous decisions, the applicant will be required to submit a
condominiumization plat following City Council approval (not prior
to such approval).
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APPLICATION FOR EXEMPTION
FROM SUBDIVISION REGULATIONS
Request is hereby made on behalf of Hoag-4-Associates,
Ltd., a Colorado limited partnership (hereinafter referred
to as "Applicant"), under Section 20-l9(a) of the Aspen,
Colorado, Subdivision Regulations, for an exemption from the
Lot 4, Hoag Subdivision,
County of Pitkin"
State of Colorado
definition of the term "subdivision" with respect to the
following real property:
It is submitted that the requested exemption is ap-
propriate. This application involves subdivision of an
existing duplex residential building. A subdivision of one
lot with a duplex on it creates conditions whereby strict
compliance with Subdivision Regulations would deprive this
Applicant of the reasonable use of his land. If an exemption
interest in the land and there will be a condominium de-
is granted, the owners of the property will have a common
claration and maintenance applicable to the property which
will not in any way increase the land use impact of the
property. If an exemption is granted to this Applicant, it
will not conflict with the intent and purposes of the
Subdivision Regulations which are directed to assist the
orderly, efficient and integrated development of the qity
,
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Aspen, to insure the proper distribution of populatioI1;to
coordinate the need for public services, and to encourage
well-planned subdivision.
The granting of this application will not undermine the
intent of the Subdivision Regulations as this application is
clearly within the area intended for exemption under Section
20-19. The building is already in existence, and there will
be no change in the density for the property which is presently
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compatible with the zoned density for this property.
struction of the duplex building was completed in
1980, and the certificate ~f occupancy for both
has been issued. There are no existing leaseholds
to either of the units in the duplex building, and
of such units is suitable for low or moderate income
as described in the housing price guidelines adopted by
Aspen City Council. The Affidavit of the Applicant attached
hereto presents evidence that approval of this application
will not reduce the supply of low or moderate housing in the
"
City of Aspen.
The Applicant agrees upon condominiumization approval
to restrict the rental of each of the duplex units to per-
iods of not less than six successive months (or in the
alternative to not more than twice for short-term periods
within any calendar year).
The prompt consideration of this application will be
sincerely appreciated.
1/
Dated: June~, 1980.
SACHS, KLEIN & SEIGLE
Attorn,eys f9.~1 HOag-,,~-Assoeiat~,
.?/jlrf/; \ ) l
BY~(1Y J ~
/. J~f;f~ H>'8achs
iUl Mill St., Suite 201
! ~spe , Colorado 81611
(303) 925-8700
Ltd.
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l. He is the general partner of Hoag-4-Ass~~ia:ire.s,
Ltd., which is the owner of certain real property described
:as 'Lot 4, Hoag Subdivision, County'of Pitkin, State "of '".,
Colorado. A duplex resldEmce (hereinafter cal1ea'tnEi"ftci'uplex")
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has been constructed on said property by Hoag-4-ASsocJ.ates,
Ltd. ,,':.' ",:,
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2. ConstructJ.on of the duplex wa's"'bi5mpleted J.n
June of 1980, and neither of the'~fesidei{Hal""Unlts irl~"thE(,c
duplex have been leased to or occu'pied by"'any" personS':; 'The
residential units in the duplex Enere'fore~hay~~ no rel}~a~",'A'
history, and no tenants have been'displaced"f'rom ocqupa'rl'cy'" "
of either of said units. :f.'.. . ",',4i:,
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3. Each of the resJ.dehtJ.al unJ.ts 'J.n the up ex .
contains approximately 1,670 s 'feet 'of""ltvlng'sp.;ice"~' ",
including three bedrooms and t aths. J::acll'of' - ;:\;'
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resJ.dentJ.al unJ.ts J.s' large and J.OUS and' J.s,'n6t
fordable for:::Cenaiib':15~w ersoi1it'<:H.' low' ormo<3'e'f'Elt" {
'II'ithin the housirig~ri~/ guide '~'~"'''t''a'op€'ed'''':.'':1:' c,
C i t Y Corm 61 r'~':::'"~~,:",, ^A ,~:~ ~:;t>:,:<'~~:,l~:,,>.. . ~"--"" ,. "
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4. ~:,AffUm
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resJ.dentJ.al unJ.t's J.tl.' t
employers who"iritehd""f
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AFFIDAVIT OF 0ACK BARKER
STATE OF COLORADO
'COUNTY OFPITK1N
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The undersigned affiant, being first duly sworn upon
his oath, deposes and says:
Subscribed and sworn to before me this
,June, 1980 bygack Barker,
Witness my hand and, official, seal.
/t,&!day of
My commission expires:
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MEMORANDUM
TO: Jolene Vrchota, Planning Office
FROM: Jay Hammond, Engineering Office ~,
DATE: July 25, 1980
RE: Hoag-4 Associates Subdivision Exception, Lot 4, Hoag Subdivision
Having reviewed the above application for exception from full subdivision
for the purpose of condominiumization, and made a site inspection the Engi-
neering Department recommends tile following: ,~"
1) That the Hoag-4 application be excepted from conceptual approval
before Council and preliminary approval before the Planning and Zoning
Commission.
2) That the Condominium Map as submitted be accepted as a conceptual
plat.
3) Tfuat prior to final approval by Council the Condominium Map be re-
vised and resubmitted to include the following:
a) Indicate on-site parking.
b) Indicate existing utility extensions and meter locations for each
unit.
c) Show zone district.
d) Include an index on sheet one.
e) Add surveyor's signature and seal.
4) Owner/applicant shall agree to join a sidewalk, curb and gutter
improvement district in the event one is formed and' so deed restrict.
5)' Owner/applicant shall provide six on-site parking spaces as required
in Municipal Code Section 24-4.5 utilizing one curb cut as required in
Section 19-101.
, The City Engineering Department recommends conceptual approval of the
Hoag-4 Subdivision Exception provided the applicant completes the above items
prior to final approval before Council.
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81611
MEMORANDUl'1
DATE: July 9, 1980
TO" Jolene Vrchota
FROI1, Ron Stock
RE; Hoag-4-Associates Subdivision Exception
If the above entitled subdivision exception is granted, the
approval should be conditioned upon the applicant meeting the
following requirements of Section 20-22 of the Municipal Code of
the City of Aspen:
[ ] Notice and option provisions to current
tenants
[xl Each unit restricted to six-month m~n~mum
leases with no more than two shorter tenan-
cies in a calendar year.
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MEMORANDUM
TO: Ron Stock, City Attorney
Dan McArthur, City Engineer
FROM: Jolene Vrchota, Planning Office
RE: Hoag-4-Associates Subdivision Exception (Condominiumization)
DATE: July 7, 1980
The attached application requests exception from full subdivision procedures
for the purpose of condominiumization ;of the Hoag-4-Associates property
located in the Hoag Subdivision off. of Ute Avenue (Lot 4). This item is
scheduled to come before the Aspen Planntng and Zoning Commission on
August 5, 1980; therefore, may I please nave your written comments no later
than July 23, 19807 Thanks.
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No. 30-80
CASE LOAD SUMMARY SHEET
Ci ty of Aspen
1. DATE SUBMITTED: 7/2/80
STAFF: Jolene Vrchota
2. APPLICANT: Hoag-4-Associates
--
Jeff Sachs, Sachs, Klein & Seigle
~Ul N. M11 I, ~ulte ~Ul
Aspen
925-8700
3. REPRESENTATIVE:
4. PROJECT NAME: HOAG-4-ASSOCIATES SUBDIVISION EXEMPTION
5. LOCATION: Lot 4, Hoag Subdivision (off Ute Ave.)
6. TYPE OF APPLICATION:
Rezoning
P.U.D.
Special Review
Growth Management
HPC
x Subdivision
x Excepti on
Exemption
70:30
Residential Bonus
____Stream Margin
____8040 Greenline
____View Pl ane
Conditional Use
____Other
for condominiumization
c.,O j:o,.:su"J ..10'\, 1'180
7. REFERRALS:
--L-Attorney
~Engineering Dept.
____Housi ng
_Water
_City Electric
Sanitation District School District
Fire Marshal Rocky Mtn. Nat. Gas
Parks ____State Highway Dept.
Holy Cross Electric ____Other
Mountai n Be 11
8. REVIEW REQUIREMENTS:--p~ ~ ) LC_
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9. DISPOSITION:
P & z V Approved V Denied ' Date 13/41bo
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2-) C-oVt<-p /,"<,;JkUt.- t-</,:K c.-~ he" 'h"t:J'lvs
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Council v' Approved ,/ Denied Date /3h5'/60
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' 1) 'Siv.-k-rrn.+Lh-..,'h.,"u.ulu. leClsa~ (2b-2.'Z..
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10. ROUTING:
kAttorney
-LEngineering
Building
Other
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lReceptionll
Recorded at 11:33~oyember 7, 1980 Loretta Banner-\ecorder
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2285&1: s,
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STATEMENT OF EXEMPTION
FROM THE DEFI~ITIO~ OF SUBDIVISIO~
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WHEREAS, Hoag-4-Associates, Ltd. ("Applicant")
owner of a parcel of land located in Pitkin County,
more particularly described as:
is the
Colorado,
Lot 4, Hoag Subdivision
County of Pitkin, State of Colorado
WHEREAS, the Applicant has an existing duplex located
on said property, and
WHEREAS, Applicant has requested an exemption from the
definition of subdivision for the purpose of subdividing the
existing duplex through condominiumization, and
WHEREAS, The Aspen Planning & Zoning Commission, at its
meeting held on August 5, 1980, determined that an exemption
from the definition of subdivision is appropriate and recommended
that the same be granted, and
WHEREAS, the City Council determined that the subdivision
of the existing duplex through condominiumization is not
within the intent and purpose of the subdivision ordinances
set forth in Chapter 20 of the Aspen Municipal Code.
THEREFORE, the City Council of Aspen, Colorado, does
hereby determine that the proposed subdivision of the duplex
located on said property by its condominiumization is not
within the intent and purpose of the subdivision ordinance
and does, for such reason grant an exemption from the definition
of such action,
PROVIDED, HOWEVER, that the foregoing exemption is
conditioned upon the restriction of rental of said condominium
units to periods of not less than six successive months with
no more than two shorter tenancies per year, and provided that
the Applicant shall agree to join a sidewalk, curb and gutter
improvement district in the event one is formed.
Dated: 1f~~ -fr." 1980.
Herman EtfJ~
STATE OF COLORADO
COUNTY OF PITKIN
I, KATHRYN S. KOCH, do hereby certify that the fory~
going Statement of Exemption from the Definition of.$'u'i'ict1i;;Y:ision
was considered and approved by the Aspen City Cou~9~~at Its
regular meeting held Monday, August 25, 1980, at,'VI'YliCh",t,'littE!,"
the Mayor, HERMAN EDEL, was authorized to exec:ute tl'j.e'" s)3.~sJ'," i):;' "".
on behalf of the City of Aspen. ,;', ",- "'" "',':'i>.,G~;;/",
~ f /Y_{:",/t;~'~:~5~1~{;\i'~~:\
. W- ~~~"'f"'.n;" ~i.t;;:;
Kathryn S. och, City Clerk:-.,) \ ""h,...: ';\.0,,:;'ii>,,'
ss "<';';";~,:~:;:.~,itf~i,~t
i,",>;, Tb~J3J?_~g.,q~ was acknowledged before me this/';;:/!j-./r) . "i:,i;
,<'.i'i'ay.of ~'" 1980, by HERMAN EDEL, and KATHRYN S. KOCH,
""pefsonally known to me to be the Mayor and City Clerk,
:d"'-"
respectively, of the City of Aspen.
\ltU1rr:f1t,.
~"\'\::''''' \r(flITN'E,SS my hand and of f icial seal.
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;f,s::>,.-' ~y b~~ssion expires: \"'-5/01& i?",,"'>
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Recorded at 11:35AM November 7, 1980 Loretta Banner kecorderllli~~~
228553
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EASEMENT
WHEREAS, Hoag Investment Associates, Ltd. (herein-
after referred to as "Hoag") is the owner of real property
described as Lot No.3, Hoag Subdivision, City of Aspen,
County of Pitkin, State of Colorado; and
WHEREAS, Hoag is the record owner of Right of
Way Granted, as amended, and related Amendatory Decision,
as recorded in Book 341 at Page 11-18 and Book 353 at Page
316-317 of the real property records of pitkin County,
Colorado; and
WHEREAS, the foregoing Right of Way crosses said
Lot No.3, Hoag Subdivision, and provides access to portions
of Lot No.4, Hoag Subdivision, including access to two park-
ing spaces (hereinafter referred to as "Parking Spaces")
designated as limited common elements appurtenant to Unit A
as described on the Condominium Map of Hoag-4-Condominium as
recorded in the real property records of pitkin County,
Colorado; and
WHEREAS, Hoag wishes to grant a non-exclusive ease-
ment to the owners of Lot 4, Hoag Subdivision, to use the
above-described Right of Way as access across Lot 3, Hoag
Subdivision to and from the Parking Spaces;
NOW, THEREFORE, for and in consideration of TEN
DOLLARS and other good and valuable consideration, Hoag
hereby grants and dedicates in perpetuity, an access ease-
ment across Lot 3, Hoag Subdivision pursuant to the terms
and provisions of the Right of Way for the benefit of the
owners of Lot 4, Hoag Subdivision, City of Aspen, County of
Pitkin, State of Colorado, for access to and from the Parking
Spaces in conjunction with the use and enjoyment of the
Improvements constructed upon said Lot 4, Hoag Subdivision,
all as more particularly described in the Condominium Map
of Hoag-4-Condominium, as recorded in the real property
records of pitkin County, Colorado.
The owner(s) of Lots 3 and 4, Hoag Subdivision
shall be obligated to maintain and plow said easement during
winter months to provide adequate access to the Parking
Spaces, and the expense thereof shall be paid 50% by the
owner(s) of Lot 3 and 50% by the owner(s) of Lot 4.
The easement granted hereby shall exist in perpetuity
and may not be amended nor extinguished except by written
instrument signed by all of the owners of record of both Lot
3 and Lot 4, Hoag Subdivision, City of Aspen, County of Pitkin,
State of Colorado.
HOAG INVESTMENT ASSOCIATES, LTD.
By )~~ 70~
( ~ack Barker, General Partner
4 . -, _ ___
STATE OF COLORADO)
) ss. ,
COUNTY OF PITKIN ) , i' "~"~'.U!::':J
This Easement was acknowledged before me th1!:'tfJ:; "'.,~ I
day of October, 1980, by Jack Barker, as the General'~rt~6>~ :~
of Hoag Investment Associates, Ltd., a Colorado limit\'!di~;r Qr ; ;:'i
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WITNESS my hand and notarial s,~ 1.
S- ;if: S3 11
My commission expires: (j,[A! !~
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Notif1p