HomeMy WebLinkAboutcoa.lu.ec.Hoguet 118 E Bleeker St.1979
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MEMORANDUM
~
FROM:
RE:
DATE:
Aspen Planning and Zoning Commission
Aspen City Council
Richard Grice, Planning Office
Hoquet Subdivision Exemption
TO:
October 30, 1979
Zoning:
R-6
Location:
118 East Bleeker
Lot Size:
5,357 square feet
Ren ta 1
History:
The upper unit has never been rented and the lower unit has been
occasionally rented through Reid Realty to such organizations as
the Aspen Institute.
Engineering
Comments:
See attached memorandum addressed to the Planning Office dated
August 28, 1979.
Attorney's
Comments
See attached memorandum addressed to Richard Grice dated August
7, 1979.
Housing
Director's
Comments:
(This application was not referred to the Housing Director as its
aPD 1 i cati on date Dreceeded the creation of the Housinq Di rector 's _
D6sition. )
Pl ' Off' Approval subject to the property being deed restricted to six month
Re~~~~~dati~~~minimum lease provisions of Section 20-22, upon the owner agreeing
to enter into a sidewalk improvement district if one is formed for
the area, and the applicant should agree to enter into an agreement
to move the parking to the rear of the lot .ifsuch a sidewalk
improvement district is, formed and subject to the seven conditions
suggested by the Ci ty Engi neeri ng Departrnent bei rig sati sfied before
P and Z any document is recorded, .
Recommendation:
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riled fOr <aoord .~ ),50,P.K. June 28, 1966
....._ 110., 1~1' ' 'PeW It. Cobl., """.rdO!
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cOlillfO!l AREAS AND STRUC'fUIlES
DECLARATION AGIlEEMENT
Of
THIS AGR~,
lJt.4r
made and. enter:~d ,i!ito thi s
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day
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, 1966, by a.ild between EIIMA~L SCHIFANI '
. ",' "~,~,' -H""",:"~';..""'f!'o;'_",,,,:rrdJf",,,.'4,""?;;"',
. eSc,h,~(~~,~.~,'). of Alhuquerqnel New Mexi~o: "and ROBEl1:l L<. ~~,~,'
.m.,. ('.'Hogu~t") 1 of Nev;. York" New York.
! 1. ! ~ ! :? .e ! ! .!!:
WHEREAS, Hogue't is the ow~r of the fc.llo'.dng described
rea~ estate 1n",~b;C::.,_~,~~~Y of Pitkin, State ot, Colot"a,g(), to-wit:
The east 8.,99 ,f,eet of "Lot 0, all (>f Lot P,
and, th~ -.;test 14.56 feet"of,,,l,ot Q. B1ock,.6S,
Asppn, Townc~ te, tog'e'ther' 11;1 th all' Ir.i'pjo'dV"e"o:' ,"
ments th~1"~e,~n;
and,
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WHEREAS~ Schifan,', ,~s~t~~>~?:~mer of cert:tin real estate: ~it.uatc
to the west of an,c;\ ,ooing cont.iguous to the property owned by
Hoguet descr,ibed _a~vc, and
WHEREAS, the part1es desire tc;) ,....E=....~.l,1iAh ~'er.ta.in mutual
easeaenta and ,~,~,ghts of way pertai ning to commo~ str\!ctures be-
tween tbe propertl~s ownf:!'d by them,
MOW, THEREFORE, for mutual and v~luable consideration ea~h
."<",, ,>,';::;'~_:"., '~',<,_~;;,::,::~~~'f::~~~;~~:*,~~~~~
to the otber, tbe pal'ties hereto agree as followS:
1. Definittons. For the f/l.1rp?ses of this' Agr,~P!l'ler:: 1 the
COJDOn areas ann strW?ture6 l"€fcrred to hcrci;i'''~cX,tll's,i';',J: oi th(:
':--"-~''^'~'" "-"",,'
front 6~~_e,,!a~k, and bree~<:,~'~Y.,
7he fronL sidewalk is l.ocnted
. '":'~~.;~0:::.~,~::":~~;'~;~::~~~
on the boundary between the prope'"ties oW,r.(:,ci, ,?y :S('hifa:.!~" and
Baguet and extend.~ f~~ ~hc ?reezcway to the str~et. Sai~
,bre~ze~I:.Y cons1st,,- of a concl'eti'~ .slab- .r-."i,ch connf:c-I;.~,
aeu'ts 08 sud properties and ha~' e. l'"(1)f which l:;:t'.rve::> as
a,boVe' the front. entries to ea~h im.prove;r.~nt.
2.
OWDersblP.
Tbe front sidewalk a~~" b.r."~,~:i,:",wa,~ as de-
" ,~"'" "~'"'~~'~"'<""t..~-,",,~
as common areas fOT:ev~ fOl"
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7. AddltioftS~nd otber structures. E~t~~~ party may ~rect
.tr~_tures,~CJS..;_;~,,~ ,~~~!~,,~t_p1:"OVided tIley
11f)t intcr::ter!
'jr1 tit the fr~f? and -,_~J19!?!"1,,~1!.<;,~~t!._~~~.!r,>~_!:_..!,~~_c.J;::~~_~~~~,,_;;~:~/;,~~,:, other
p....ty.
8~ ~!.!!Cl.!' Each party shall be respon$i~le f?r!":lJ1f't...
t;\:lning public liabl;lJty insural1C~ in an al'1loun~"__~ffi_~.:;_~J~t;J:;
'\0""';C'''''''i_'~.;'iF;t~
pr~tec~ 8111tlPll1"ty in the {?vep.1:,o; pe!_~o1l.1\l inj~E.t on the (',ammon
. ar~~or_st:r_~~~~~:s_~~~p~_!ing from f~ilu:-e to:!,~pan'. lIowe"e'r,
i'n t.heev~nt. negligf'lnce 1s soh'ly attrIbutable tq~one party,
the oth~r party shall not be li~~!t?!9[
The provi,sj,ons of ttt_i,!!O~~reement shall be hl~t'lin~-upon 'and
i"urp t,o the benefit ot the par-tieR hCl'C'to and 1:!)€-:ArE(.>~pf'~tive
successors, heirs, per!,;/Jnal represental i\:~.es " and ass j ~nS.
IN _XTNESS 1ffIJ:R~OF) tl:'lcP pnrti€'s hereto have
presen~5 to be ~~ec~~'~C!"At~~ c~a:y' an(!
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Ro r~L,._ oguet~r
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STATE OF eeLSIUIIO )
"'1J.""~""3:'':.:i:.; 'ss.
COU1lTY OF Pf'I'IH!I }
The foregoing in13trutlleo,t, wa~,
u"4l.y of h< _;; . 19GB,
RobertL. ~guet, Jr. tl~ness My hand and
expires t!!r_>! '~,- ,.,.fP-----;;~
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STATE(g~~~ 5 88.
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7th., .IS"" day Of ~
me pet~nallY calle Robert {...B,,'guet J~". tome known
to be the person ,oei!c.:t.""!l?e,d"JIJ,,,Gnd
1966, b€!fore
g()~,~ ,~_n~.~r~n~,_,; an,d,ac~?~!,~,dged that he cxceute_". t:1?e:
....e_ .
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NOF-ry yuu1 ic
MAR'. F. O""&~~
NQtlty ;r~k:, $1$. ,,1~YO<t
!'-Ie> ~3.7:<'~S?1,5
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M E M 0 E AND U M
TO: Eichard Grice, Planning Department
FEOM: Louis Buettner, Engineering Depar~
DATE: August 28, 1979
RE: Hoguet Subdivision Exemption
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After reviewing this exemption application, for the second
time, the Engineering Department has the following .comments
and conditions for approval:
1. The type of survey monuments set for the property cor-
ners on the alley is missing.
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2. The widths shown for the fractional lots and lot "p"
total 53.55 feet not 53.57 feet as shown.
3. The location of the building on the property is mis-
sing from tl:e plat.
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4. The location of the curb and gutter, and the street
and alley widths have been omitted from the plat.
I.JD \~ 5. The entry walk along the westerly property line is
~&~)\~~\common to t~e westerly property. Some document will be
O~~ \\V needed to provide use of the walk by the people occupying
\ ry'Y the property to the west. ,
6. This existing duplex is currently on a flat rate water
billing. TLe City has required all water users to install
meters by April 1, 1980. In as much as one or both units
will be sold (there is no point in making condominiums
if you are not going to sell the units)the Engineering De-
partment wo~ld request that both units install water meters
at this time. There should be outside water shut-offs for
each unit. .
7. This unit does not meet the parking requirements of
the city code. I do not know the nunilier of spaces required
but all the off street parking is on the public right-of-
way. The Engineering Department would request that a pro-
perty covenant be recorded stating that the existing park-
ing area would be abandoned and off street parking would
be relocated at the owners expense when the City requests
the area to construct sidewalk.
With the above correction to the sUbdivision exemption plat
and the above documents requested the Engineering Department
could recomnend approval of this application.
The, above co~ditions should be okayed by the Engineering
Department before any document is recorded.
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MEMORANDUM
TO: Aspen City Council
FROM:
Richard Grice, Planning Office ~Ji
RE: Hoquet Subdivision Exemption
DATE: November 19, 1979
Zoning: R-6
Location: 118 East Bleeker
Rental History:
Lot Size: 5,357 square feet
Engineering
Comments:
Attorney's
Comments:
Planning Office
Recommendation:
P and Z
Recommendation:
a l.
[:El.E1C 2.
,,~ 3.
a 4,
The upper unit has never been rented and the lower unit has
been occasionally rented through Reid Realty to such
organizations as the Aspen Institute.
Recommendation is for approval conditioned upon the applicant
installing a water meter by April 1, 1980, the owner should
agree to enter into a sidewalk improvement district in the
event one is formed for the area, and the parking should be
relocated out of the public right-of-way in a manner wllfCfi
saiTsfi esThe- ri:qu iremeriE--6Tt1ie!\speri--MuriTcl pa l~Code-:----
_""^"~,_,,,_______~_,~~,,,,_.""_..,....'~' .. .. ...... .... ".__ '''''..n~'~..,,~.._~_,~~__~_..__.~..;;..,--.-____...;
"I recommend approval of the above subdivision exemption
conditioned upon the property being deed restricted to six
month minimum leases with no more than two shorter tenancies
per year and upon the property owner agreeing to enter into
a sidewalk improvement district if one is formed for the
area. Further, since the property has its parking located to
the front of the property on Bleeker Street in an area where
sidewalks should be constructed, the applicant should be
required to agree to enter into an agreement to move the
parking to the rear of the parking lot if such a sidewalk
improvement district is formed,"
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Approval subject to the property being deed restricted to
six month minimum lease provision of Section 20-22, the
owner should agree to enter into a sidewalk improvement
district if one is formed for the area, the owner should agree
to enter into an agreement to move the parking to the rear
of the lot if a sidewalk improvement district is formed, and
subject t~ the installation of a water meter prior to April
1, 1980.
Approval subject to the following:
The installation of a water meter prior to April 1, 1980.
Parking on the right-of-way shall be vacated and relocated
to the rear of the lot -i-n..the-event--{tf-a-forma-ti-on-ufa
s.idewa~k-improvement--d:j-s.trict-, by September 1, 1980.
The owner shall agree to enter into a sidewalk improvement
dj~trict in the ev~t one is formed ~~d s~ deed restrict,f
RelCl::.A7e PAlZ./(lfYG. r",R.I<I~""'O iHt fi!/!.,..r- 6,- iHl!: I-C:ti. '
The duplex shall be subject to the six month minimum lease
provisions of Section 20-22 of the Aspen Municipal Code.
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APPLICATION FOR EXCEPTION OF REGULATION
UNDER ASPEN SUBDIVISION ORDINANCE
Pursuant to Section 20-19 of the Code of Ordinances,
City of Aspen, Colorado, the undersigned hereby submit to
the Aspen Planning Commission this written application for
exception of regulation under the Aspen, Colorado, Sub-
division Regulations (Ord. No. 22-1975, (1) (hereinafter
referred to as the "Ordinance").
The undersigned are the owners of the following de-
scribed real estate located in the City of Aspen, County
of Pitkin, State of Colorado, to wit:
The East 8.99 feet of Lot 9,all of Lot P,
and the West 14.56 feet of Lot Q, Block 65,
Aspen Townsite, together with all improve-
ments thereon.
There exists on the subject real estate a residential
duplex, also known as 118 East Bleeker Street, Aspen,
Colorado. The duplex is divided into two separate living
quarters. The undersigned desire to convert both such
quarters to condominiums and further desire to be exempted
from the provisions of the Ordinance of the Aspen Code for
the following reasons:
1) Regulation Under the Ordinance Would Deprive
Applicant of the Reasonable Use of the Land.
The upper level of the duplex has been utilized
primarily as a secondary residence by the under-
signed. The duplex's lower level occasionally has
been rented to various tenants on a weekly basis
(See Affidavits attached hereto as Exhibits A and
B). The undersigned desire to convey at least one
of the two units. However, regulation of the
subject property under the Ordinance would hinder
the undersigned in any attempts to transfer said
property.
2) Exception is Necessary for the Preservation and
Enjoyment of the Undersigned's Property Right.
For the reasons stated above, regulation under the
Ordinance would hinder the undersigned in convey-
ing the subject property, the undersigned do not
desire to continue the management of both units
and therefore, desire to convey at least one of
the units.
3) Granting of Exception Will Not be Detrimental to
the Public Welfare or Injurious to Other Property
in the Area Where the Subject Property is Located.
The purpose of the Ordinance is, in part, "to
insure the proper distribution of population and
coordinate the need for public services with
governmental improvement programs." Section 20-2.
Further, Section 20-22 provies that a series of
protective actions are to be undertaken on behalf
of existing tenants where rental property is to be
converted to condominiums. The upper level unit
has never been rented and, while the lower level
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unit has been occasionally rented through Reid
Relaty to such organizations as the Aspen Institute
for Humanistic Studies. Further, as noted above,
the duplex has a total of only two separate units.
Therefore, the impact created by conversion of this
duplex to two separate condominiums would not be
the type that is intended to be regulated by the
Ordinance.
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Constance R.Hoguet
~~,,~\
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STATE OF COLORADO
)
) ss.
)
COUNTY OF PITKIN
The foregoing Application for Exception of Regulation
Under Aspen Subidivsion Ordinanace was acknowledged before me
this3~ day of 94 ' 1979, by Constance R. Hoguet.
Witness my hand and offical seal.
My commission expires: r!JC~ (pIIJ!/.
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AFFIDAVIT
KATHRYN K. REID, being duly sworn, deposes and says
that she is a citizen of the United States of America, that
she is twenty-one years of age and upwards, and that she is
the Co-Owner of Roy S. Reid Realtor, a Colorado proprietor-
ship existing under and by virtue of the Laws of the State
of Colorado, address, 107 South Mill Street, Aspen, Colorado,
and that in the course of performing her duties with Reid
Realty she has become knowledgeable and familiar with the
following described real estate owned in fee by CONSTANCE R.
HOGUET, and which real estate is situated in the City of Aspen,
County of Pitkin, State of Colorado, to-wit:
The East 8.99 feet of Lot 0, all of Lot P,
and the West 14.56 feet of Lot Q, Block 65,
Aspen Townsite, together with all improve-
ments thereon.
Deponent further says that Reid Realty has for several
years managed the residential duplex, situated on the above
described real estate also known as 118 East Bleeker Street,
Aspen, Colorado; that the upper level of said duplex has never
been used as a rental unit and the lower level of said duplex
occasionally has been rented by Reid Realty to various "short
term" tenants such as the Aspen Institute for Humanistic
Studies for occupancy by those involved with Institute
programs; that the various tenants who have rented the
said lower level have rented it on a weekly basis.
Deponent further states that the matters and fact above
contained are within her personal knowledge and are not
based on hearsay, and that this Affidavit is made to support
the attached Application to the Aspen Planning Commission
for exemption from regulation under t~e Aspen Subdivision
Ordinance. / / . /'.' /?
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Kathryn Kt: Reid
STATE OF COLORADO
)
) ss.
)
COUNTY OF PITKIN
The foregoing Affidavit was acknowledged before me
this l::?day of ~~? ,1979, by Kathryn K. Reid.
Witness my hand and offical seal.
My commission expires:
No
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AFFIDAVIT
CONSTANCE R. HOGUET, being duly sworn, deposes and says
that she is a citizen of the United States of America, that
she is twenty-one years of age and upwards, and that she is
now in possession, and that she is the owner in fee simple
of the following described real estate situated in the City
of Aspen, County of Pitkin, State of Colorado, to-wit:
The East 8.99 feet of Lot 0, all of Lot P,
and the West 14.56 feet of Lot Q, Block 65,
Aspen Townsite, together with all improve-
ments thereon.
Deponent further says that the above described real
estate has constructed on it a residential duplex, also
known as 118 East Bleeker Street, Aspen, Colorado; that said
duplex is divided into two separate living quarters and that
the upper level of said duplex has never been used as a
rental unit and the lower level of said duplex occasionally
has been rented; that deponent has rented said lower level
unit through Reid Realty separately to various tenants; that
the various tenants who have rented the said lower level
have rented it on a week to week basis, and that no one has
ever rented for a period of longer than one month.
Deponent further states that the matters and fact above
contained are within her personal knowledge and are not
based on hearsay, and that this Affidavit is made to support
deponent's attendent Application to the Aspen Planning
Commission for exemption from regulation under the Aspen
Subdivision Ordinance.
c~".,~ "' ~, \~~,~,~
Constance'R. Hoguet ~
STATE OF COLORADO
ss.
COUNTY OF PITKIN
The foregoing Affidavit was acknowledged before me
this\5~ / day of ~ ' 1979, by Constance R. Hoguet.
Witness my and and offical seal.
My commission expires :tf)c;;f;t;;z:e..- tf,,/;?J/
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HOLLAND & HART
ATTORNEYS AT LAW
AREA CODE 303
500 EQUITABLE BUILDING
730 SEVENTEENTH STREET
DENVER, COLORADO
P. o. BOX 8749
DENVER,COLORADO 8020\
CABLE ADDRESS
HOLHART,DENVER
TELEPHONE 2$2-9200
PLEASE REPLY TO:
MOUNTAIN PLAZA BUILDING
o
July 9, 1979
JUL 09 1979
ASPEN I PITKIN CO,
PLANNING OFFICE
!~
HAND DELIVER
4'34 E.COOPER STREET, ASPEN, COLORADO 81611
TELEPHONE 925-3476 AREA CODE 303
Mr. Richard Grice
City/County Planning Office
130 South Galena
Aspen, Colorado 81611
Dear Mr. Grice:
Enclosed are an Application For Exception of Regulation
Under Aspen Subdivision Ordinance, two affidavits in support
thereof, a title insurance committment, and two copies of
the survey.
'.'., We hereby request that a hearing be scheduled before the
'Planning and Zoning Commission.
Very truly yours,
?J;/~ /U/ S iw~
Mary M&. Schwertz ()
for Holland & Hart
MMS/b
cc: Robert Hoguet
Enclosures
Attached:
$50.00 (check)
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, MEMORANDUM
TO: City Engineering "Department
FROM: Richard Grice, Planning Office
RE: Hoguet Subdivision Exemption
DATE: August 22, 1979
Attached please find plat for the Hoguet Subdivision Exemption. This item
is scheduled to come before the Aspen Planning and Zoning Commission on iuesday,
November 6, 1979. Therefore, may.! please have your written comments no later
than Monday, October 29, 1979. Thank you.
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HOLLAND & HART
ATTORNEYS AT LAW
AREA CODE 303
555 SEVENTEENTH STREET
SUITE 2900
DENVER. COLORADO
MAILING ADDRESS:
CABLE ADDRESS
TELEPHONE 575"8000
HOLHART. DENVER
TELECOPIER (303) 575.8261
P,O, BOX 8749
DENVER, COLORADO 80201
CHARLES T. BRANDT
(303) 925-3476
PLEASE REPLY TO
-,,"--'ratj;J- C"'(:'\,lQ ~
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'[(1-' }I ,-~-, \
\~;:; 1979 ./
ASPEN / PITKIN CO, /
" PlANNING OffiCE
434 E. COOPER STREET, ASPEN. COLORADO 81611
TELEPHONE 925-3476 AREA CODE 303
August 17, 1979
HAND DELIVERY
Richard Grice
City/County Planning office
130 S. Galena
Aspen, Colorado 81611
",;,..,.,;,>",""
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Re: Hoguet Dllplex-Subdi vision Exemption
Dear Richard:
Enclosed with this letter are two prints of the exemption map for the
referenced application which sets forth the requested updated improvement
survey of the property. I trust that this updated survey will be satis-
factory to you and the City of Aspen Engineering Depart::rralt and that our
application can proceed before the Planning and Zoning Corrmission at the
earliest possible date.
As I indicated to you, the G.E. Buchanan Survey previously sul::rnitted
at the time our application was filed was thought to be adequate for it
was a survey of the property duly certified by a licensed surveyor. The
requirements of Mr. Buettner are no where set forth in the Aspen Municipal
Code or in any literature distributed by the planning Office enabling an
applicant to detennine, prior to the filing of an application, just what
must be contained on the survey. Consequently, I do not believe that our
application should be considered as being filed at this time, but should
be given the July 9th date of filing, the date the application, affidavits
and Buchanan survey were delivered to your office. I would appreciate
your consideration of this request so that we can appear before the Planning
and Zoning Comnission at an early date.
Very truly yours,
c!"'l.....,"-.L'--
Charles 1'. Brandt
for Holland & Hart
cm/b
Enclosure
cc: Mr. & Mrs. Robert Hoguet
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MEMORANDUM
FROM:
RE:
DATE:
~e Ellis, City Engineer
~on Stock, City Attorney
Richard Grice, Planning Office
TO:
Hoguet Subdivision Exception
July 10, 1979
Attached please find application for ,Subdivision Exception submitted
by Constance Hoguet. This item is scheduled to come before the Aspen Planning
and Zoning Commission on Tuesday, August 21, 1979. Therefore, may I please
have your written comments no later than Monday, August 13, 1979. Thank you.
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HOLLAND & HART
ATTORNEYS AT LAW
AREA CODE 303
555 SEVENTEENTH STREET
SUITE 2900
DENVER. COLORADO
MAILING ADDRESS'
P.O. BOX 8749
DENVER COLORADO 80201
CABLE ADDRESS
TELEPHONE 575-8000
HOLHART. DENVER
TELECOF'JER (303) 57S~8261
CHARLES I. BRANDT
(303) 925-3476
PLEASE REPLY TO
434 E. COOPER STREET. ASPEN. COLORADO 81611
TELEPHONE 925-3476 AREA CODe 303
September 7, 1979
HAND DELIVERY
Mr. Richard Grice
City/County Planning Office
City of Aspen
130 So. Galena Street
Aspen, Colorado 81611
Re: Hoguet Subdivision Exemption
Dear Richard:
Enclosed with this letter are two prints of the revised
exemption plat, Hoguet Subdivision, which is responsive to the
points raised in Louis Buettner's memo dated August 28, 1979.
The enclosed print shows:
1. The type of survey monuments set for the property
corners on the alley.
2.
The widths shown for the fractional lots and Lot
P total 53.55 of record (the plat has been so
labeled), i.e., the recorded deed describes the
lot widths as 55.55 whereas on the ground the
widths total 53.57.
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3. The location of the duplex building on the property
has been located by ties to the two side lines and
the front property line;
4. The location of the curb and gutter and the street
and alley widths have been dimensioned.
With respect to item 5 of the aforementioned memorandum,
I enclose a xerox copy of a recorded document entitled Common
Areas and Structures, Declaration Agreement which provides for
the common use of the walkway to the Hoguet duplex as well as
the duplex to the west. This document should satisfy Mr. Buettner's
concern on this particular point.
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HOLLAND &HART
,
Mr. Richard Grice
September 7, 1979
Page Two
The question of obligating Mr. Hoguet to install water
meters prior to the deadline should be an open one to be
resolved by the Planning and Zoning Commission. I am not
sure that it is an appropriate condition of subdivision
exemption approval.
Finally, with respect to the parking requirements of
the city code and the engineering department's request that
a covenant be contained (presumably in the condominium
declaration to go of record) that the question is whether
this present nonconforming status with respect to off-street
parking must be rectified in the manner suggested or, in the
alternative, street parking would be the solution should the
city desire to construct a sidewalk within that portion of
the right-of-way between the present curb and the southerly
property line. This, too, should be a matter of discussion
with the Planning and Zoning Commission.
I trust that the Engineering Department's exempt plat
requirements have all been met. I shall look forward to
receipt of your memorandum when it has been prepared with
regard to this applicaion and appearing at the scheduled
November 6th Planning and Zoining Commission meeting.
Very truly yours,
Ll,~cl,-
Charles T. Brandt
for Holland & Hart
CTB/b
Enclosures
cc: Robert L. Hoguet (w/encl.)
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MEMORANDUM
TO:
FROM:
RE:
DATE:
Lou Buettner, City Engineering
Richard Grice, Planning Office
Hoguet Subdivision Exemption
September 10, 1979
Attached please find application for subdivjsion exemption for the
Hoguet Subdivision corrected upon your request. This item is schedule to
come before the Aspen Planning and Zoning Commission on Tuesday, November
6, 1979. Therefore, may I please have your written comments concerning
this application no later than Monday, October 29, 1979, Thank you.
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MEMORANDUM
DATE: August 7, 1979
TO: Richard ~
FROM: Ron S~'"'('
RE: The Hoguet Subdivision Exemption
I recommend approval of the above subdivision exemption
conditioned on the property being deed restricted to
six-month minimum leases with no more than two shorter
tenancies per year and upon the property owner agreeing
to enter into a sidewalk improvement district if one is
formed for the area. Further, since the property has
its parking located to the front of the property on
Bleeker Street in an area where a sidewalk should be
constructed, the applicant should be required to agree
to enter into an agreement to move the parking to the
rear of the parking lot if such a sidewalk improvement
district is formed.
RWS: mc
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M E M 0 RAN DUM
TO:
FROM: LOUIS BUETTNER,
DATE: July 26, 1979
RE: Hoguet Subdivision Exemption
In reviewing this exemption application, the engineering department
has the following comments:
The survey supplied is indufficient being approximately 14 years old;
this survey is for location of the building only.
The additional information required to review this application is:
1) Description of survey monument at corners of this property.
2) Location of existing fences, encroachments, and utilities.
3) The location of existing major vegetation.
4) The location of existing driveways, roads, sidewalks, curb, and
gutter.
5) The location of existing trash area.
6) The location of existing parking spaces to meet code.
The application as submitted is insufficien~ and the engineering
department can make no recommendation at this time.
jk
cc: Constance R. Hoguet
118 E. Bleeker
Aspen, Co. 81611
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MEMORANDUM
TO: Richard Grice, Planning Department
FROM: Louis Buettner, Engineering Depar~
DATE: August 28, 1979
R$: Hoguet Subdivision Exemption
After reviewing this exemption ,application, for the second
time, the Engineering Department has the following comments
and conditions for approval:
1. The type of survey monuments set for the property cor-
ners on the alley is missing.
2. The widths shown for the fractional lots and lot "P"
total 53.55 feet not 53.57 feet as shown.
3. The location of the building on the property is mis-
sing from the plat.
4. The location of the curb and gutter, and the street
and alley widths have been omitted from the plat.
5. The entry walk along the westerly property line is
common to the westerly property. Some document will be
needed to provide use of the walk by the people occupying
the property t:o the west.
6. This exisi:ing duplex is currently on a flat rate water
billing. The City has required all water users to install
meters by Apr:.l 1, 1980. In as much as one or both units
will be sold (there is no point in making condominiums
if you are no": going to sell the units)the Engineering De-
partment would request that both units install water meters
at this time. There should be outside water shut-offs for
each unit.
7. This unit does not meet the parking requirements of
the city code. I do not know the number of spaces required
but all the off street parking is on the public right-of-
way. The Engineering Department would request that a pro-
perty covenant be recorded stating that the existing park-
ing area would be abandoned and off street parking would
be relocated at the owners expense when the City requests
'Iii '. '." .' " .. ..... ..' '. "
the area to construct s~dewalk.
.
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Page H2 s,....".. . .
Re: oguet u ;1V1s1on Exempt10n
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With the above correction to the subdivision exemption plat
and the above documents requested the Engineering Department
could recommend approval of this application.
The above conditions should be okayed by the Engineering
Department before any document is recorded.
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American Land Title Association Commitment. (:,~~f.ied 10/73
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COMMITMENT FOR TITLE INSURANCE
ISSUED BY
STEWART TITLE
GU ARANTY COMPANY
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STEWART TITLE GUARANTY COMI:i~~'Y, A Texas. ration, herein called the Company, for
valuable consideration, hereby commit~%I'I'mlli' its pol,;. .,.. oli.cies of title insurance, as identified in
""''''''''0 ...'p'.'f*f'..if..,.,.'....,,",.. 'i
Schedule A, in favor of the proposed I ' '. ' e,A:~s owner or mortgagee of the estate
or interest covered hereby in t~ lag" 'in .l:hedule A, upon payment of the
premiums and charges therefor; am~u6 he les A and B and to the Conditions
and Stipulations hereof, ''!l!(i
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GUARANTY COMPANY
This Commitment shall be effecti ",'
of the policy or policies commiti~;
either at the time of the issuance o(~
e proposed Insured and the amount
hedule A hereof by the Company,
uent endorsement,
This Commitment is preliminary to'
liability and obligations hereunder
or when the policy or policies co
failure to issue such policy or polici ~
valid or binding until countersigned '
or policies of title insurance and all
months after the effective date hereof
, , chever first occurs, provided that the
'HJt.)
(;ompany, This Commitment shall not be
~agent,
IN WITNESS WHEREOF, the Com
become valid when countersigned by
with its By-Laws. This Commitment is e
'h'lh'litment to be signed and sealed, to
, .r!lagent of the Company, all in accordance
stown in Schedule A as "Effective Date,"
ii
), STEWART TITLE
S'dt!oirj' {i/(f)i!!!'(/(i
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Chairman of the Board
e!~~$~
President
--- --- --- --- -<-- ----
Serial No. CC
82558
406000
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SCHEDULE A
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Commitment Number: CC 82558
Order Number:
8840
1. Effective date:
JUNE 18, 1979 AT 8:00 A.M.
2. Policy or Policies to be issued:
A. ALTA Owner's Policy
Proposed Insured;
TO BE DETERMINED
B. ALTA Loan Policy
Proposed Insured:
c,
3. The estate or interest in the land described or
is at the effective date hereof vested in:
4. The land referred to in this
The East 8.99 feet of Lot
Block 65,
CITY AND TOWNSITE OF ASPEN
County of Pitkin, State of
('i
Page 2
1652
.
Amount of Insurance
Premium
$
$TBD
TBD
$
$ Tax Certificate
$5.00
covered herein is fee simple and title thereto
est 14.56 feet of Lot Q,
STEWART TITLE
GUARANTY COMPANY
.
,...."
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SCHEOlIT.E B - Section 1
Order Number: 8840
Commitment Number:CC 82558
Requirements
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest
to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record,
to-wit;
(c) Deed from Constance R.
to (to
1653
Page 3
STEWART TITLE
GUARANTY COMPANY
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SCHEDU LE B - Section 2
Exceptions
Order Number: 8840
Commitment Number: CC 82558
The policy or policies to be issued will contain exceptio'ns to the following unless the same are disposed of to the
satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the pub I ic records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct
survey and inspection of the premises,wQuld disclose and \0!m~<fIl are not shown by the public records.
4. Any lien, or right to a lien, for service'<labor or material th}!lretofore or hereafter furnished, imposed bylaw
and not shown by the public records. ..: >~:f
5. Defects, liens, encumbrances, adverse claims or other matt~ts, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof}:JY;~: :prior to the date the proposed insured acquires
of record for value the estate or interest9rmortgage thereortt6vered by this Commitment.
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6.Any and all unpaid taxesaIl4~il.s,s"S~11lE);q);:il.JIJ;\!1any and all tax sales which
have not been properly r"d,e'E{ '" ' ,'c ,udPilfi~ill" ';'" "'d. treasurer's Certificate of
taxes due has been ord~re't('41ll
h~ }~
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7.Terms, conditions aIldob:t .,1:.,' ",. .;.'. ..p~?s and StructllresDec1aration
Agreement as set fort1\;ii,Yi/irfSiifSi"l i~i{!!f#~~!I{5Ittfl;:c'i'une 28, 1966 in Book 221 at
page 224.
8.Reservations and excepef~~ tents from the United States
for the City and Townsffeof41l.spgnifu'~~4~~; iil41II'" '3[{lfprovisions of the act of
Congress, approved on tWJ'ii~~t!'JrHfN(f " A.D. 1867, entitled "an act
for the relief of the :{~'if#~:!;~~P;t:#!!~ci);;!",r;'if ifl/I;;< d Towns, upon the public lands."
"Provided, that no title if , ~ i'" e lie;rEiP:yr:'frl!~qiiired to any mine of gold, silver,
cinnabar, or copper or ' ""!ii~g~w?';m"lFc'iaim or possession held under
existing laws; and pro" p~ grant hereby made is held and
declared to be subjectf ~ns, limitations, and restrictions
contained in Section 23~~"~~;;"If~."4:;~~G~~$~,;;~t~tutes of the United States, so
far as the same are appl:t:Caoletn' ,1:0.'
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.')';':'"7:..""'"'' :...
9.Any tax, assessment, fee~Z~I;;;~A;
property in Aspen Sanitat:J,:,;f;;;'; "iff
Aspen Valley Hospital Di
City of Aspen.
Exceptions numbered
are hereby omitted.
Page 4
STEWART TITLE
1654
GUARANTY COMPANY
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CONDITIONS AND STIPULATIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or
other security instrument,
2, If the proposed Insured has or acquires actual knowledge of any defect, lien,
encumbrance, adverse claim or other matter affecting the estate or interest or
mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in
writing, the ComDany shall be relieved from liability for any loss or damage
resulting from any act of reliance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge, If the proposed Insured shall disclose such
knowledge to the Company, or if the Company otherwise acquires actual
knowledge of any such defect, lien, encumbrance, adverse claim or other matter,
the Company at its option may amend Schedule B of this Commitment
accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations,
3. Liability of the Company under this Commitment shall be only to the named
proposed I nsured and such parties included under the definition of I nsured in the
form of policy or Dolicies committed for and only for actual loss incurred in
reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or
create the estate or interest or mortgage thereon covered by this Commitment, In
no event shall such liability exceed the amount stated in Schedule A for the policy
or policies committed for and such liability is subject to the insuring Drovisions and
the Conditions and Stipulations and the exclusions from coverage of the form of
policy or policies committed for in favor of the proposed Insured which are hereby
incorporated by reference and are made a part of this Commitment except as
expressly modified herein,
4, Any claim of loss or damage, whether ornot based on negligence, and which arises
out of the statu's of the title to the estate or interest or the lien of the insured
mortgage covered hereby or any action asserting such claim, shall be restricted to
the provisions and Conditions and Stipulations of this Commitment,
STEWART TITLE
GUARANTY COMPANY
Page 5
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