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HomeMy WebLinkAboutcoa.lu.ec.Hoguet 118 E Bleeker St.1979 ,...." 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: , , i I I I .) '1 '\ .. C MEMORANDUM TO: Aspen Planning and Zoning Commission Aspen City Council FROM: Richard Grice, Planning Office RE: Hoquet Subdivision Exemption DATE: October 30, 1979 Zoning: R-6 Location: 118 East Bleeker Lot Size: 5,357 square feet Rental 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 application date preceeded the creation of the Housing Director's — osition.) -- ng Office Approval subject to the property being deed restricted to six month Planning minimum lease provisions of Section 20-22, upon the owner agreeing Recommto 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 if such a sidewalk improvement district is formed and subject to the seven conditions suggested by the City Engineering Department being satisfied before P and Z any document is recorded. Recommendation: — zz� Filed for record at 3:50 P.M. June 28, i966 p�"; .��i ,AUE&4 Reception so. 124at Pebgy E. Coble, Recorder COMMON AkEAS AND !;TK 'fL%bS DECLARATION AGREEMENT THIS AGREEMENT, made and ent.•red into this —1_ day of 1966, by ano between EUMANUE 3CHIFANI ("Schi rani") , of Al hurluert]s,e ; New Vex , eo. and FtORLh i L. HOGUF.T, JR. ("Hottuet"�, of New York, New Yuik. W 1 T N E S S E T H• WHITiAS, iioguvt is the owner Of the follo�,ing described real estate in the county of Pitkin, State of Colorado, to -wit: The east 8.99 feet of Lot O, all -f Lot P, and th.: west 1.4.56 feet of Lot Q, Block 63, Aspen 1'ownr-ite, together with all inprovP- ments thereon; and, WHEREAS, Schifani is the owner of certain real estate tituatc to the west of and being contiguouG to the property owned by Hoguet described above_, aid WHEREAS, the parties desire to — " hiiah certain mutual easements and rights of way pertaining to common structures be- tween the properties owned by them, NOW, THEREFORE, for mutual and valuable consideration eazh to the other, the parties hereto agrc- as follo:.s: 1. Definitions. For the purposes of this k9r-(mcn', the common areas and structures referred to herein co-sis; r.i tha front sidewalk and breeze ay. The truni sidewalk is located on the boundary between the properties owt.vd by Schifan and noguet and extends from the brecfeway to the street. Sa:') breezewty consists of a concretiD olab •.hich connec.y the improv.- Bents on said properties; and ha- s r of which serves as a coven above the front entries tc, each improvement. 9, Ownership. The front sidewalk and bree —03Y as de- Y; aeribed shall be used and maintained ss common areas forever for F' the use of the owners of said prope�::es, except an herein- after provided, and thu par Lies hereto c_, 1i .-iholl be deemed to own, fox the purpose of conveyance, an adjacent one-half of said common areas and structures its defined. There is hereb-• granted from each of the partied hereto to the other perpetual casements for the maintenau.;e . nd use of all coati-4 areak and structures as defined. Any encroachment, now or hereafter, of any s,...`. common areas, shall not be deemed to be an encumbrance upon title or 3. Reuair and Maintenance. in the event :t shall be- come necessary to repair -r rebuild'`the common areas or struc- tures or any portion _ercof as they presently exist and are constructed, the cost of such repairing or rebuildinc as to such portions of the common areas or structur-s shill tW At i-iib expense of both parties in equal �hArew, If and when said common area-i or structures are rebuilt, it shall stand upon the same place .�^i hm of the same or simi- lar materials and of the same dimensions as the present common structures, except where hoth parties, their successors ox •%signs, shall agree upon ditterent materials, dimensions, and location. 4. Destruction of common bLiuctures. In the event lite common areas nr otructures arc totally or partially lrstrvYed by fire or other cause, either of the parties nereto shall have the right to reconatl'ucL the same a: his own expense and obtain reimburse=cut ip the amnunt of one-half of such costs from the other party, his successors or asbigu_. S. Alteration. No material alteration may be made to the common areas or structures without the consent of both parties 6. Responsibility of Supl-).A Nettliar party shall do anything to undermtne, diminish .' lessen the support of the common cLructures. Nor shall either party overblmrden :hc support capacity of said common structures. -2- 7. Additions and other structures. Either party may meet structures for own benefit, I—nvided they do not intcriere with the free and unobstructed use of the casement by thy• other party. M Tomuranep, Fnch pn+ly shall be responsible for -Pin- taining public liKbility insurance in an aaount sufficient +� protect said party in the event of personal injury on the common areas or structures resulting fror failure to repair. However, in the event neRliR•-tire is solely attrtbutablf• to one party, the other party shall not be liable for contribution. The provisions of this Agreement .hall be binding upon and imir•• to the benefit of tho patties hereto and their respective eucc^r!^or-, heirs, personal represenialIves, and assigns. IN WITNESS WHEREOF, the parties hereto have rnosed these presents to be executed the day and year first above written. n tua^ tel c 1 an Pfibert I,. Hogtiet. Jr. STATE OF @GbSR*DO ) The foregoing instrument way arknowledmed before me this 1 34day of —i 1988, by Rt•hifani, a Robert L. Hoguet, Jr. Witness nc band and officlavoical. My cntswz3aion csnires_ re t f aUs\� Y STATE OF" ) ODUNTY OF ; U J the i S" ' } day of � � �-- 1966 , before we pE .onally camp Robert ].. floguet J,-., to me known to be the person described in and whn executed the fore- going instrumcr.t, ana acknowledged that he executed the Marie. /JJ [itAL) --moo ary vuu ,; y, MAP', F. O'N[ iLl tat .i • r.tf . * ,r %L;.. N.. nt io. S�fS :. C., tbd ,�,+... ,v1 Caw► yp .,i ,)UtS� ;•J• _ C—.—. [rpm, Moth Ju, tM7 Ste. • • M E M O R A N D U M TO: Richard Gr.ice, Planning Department FROM: Louis Buettner, Engineering Departme 45� DATE: August 28, 1979 RE: 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 entzy 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 C �`Y the property to the west. 6. This existing duplex is currently on a flat rate water billing. The City has required all eater 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 woL.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 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 the area to construct sidewalk. 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. MEMORANDUM TO: Aspen City Council FROM: Richard Grice, Planning Office RE: Hoquet Subdivision Exemption DATE: November 19, 1979 Zoning: R-6 Location: 118 East Bleeker Lot Size: 5,357 square feet Rental 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: 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 which satisfies the requirements of the Aspen Municipal Code. Attorney's Comments: "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 2 the front of the property on Bleeker Street in an area where sidewalks should be constructed, the applicant should be Q 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." tv Planning Office Recommendation: Approval subject to the property being deed restricted to o six month minimum lease provision of Section 20-22, the owner should agree to enter into a sidewalk improvement Q district if one is formed for the area, the owner should agree a to enter into an agreement to move the parking to the rear of the lot if a sidewalk improvement district is formed, and subject to the installation of a water meter prior to April 1, 1980. P and Z N 2 Recommendation: Approval subject to the following: 40 0 F a' 1. The installation of a water meter prior to April 1, 1980. O �{��' 2. Parking on the right-of-way shall be vacated and relocated •02 to the rear of the lot in the event of a formation of a < sidewalk improvement district by September 1, 1980. J � 3• The owner shall agree to enter into a sidewalk improvement Wtrict in the event one is formeq and so deed restrict.+ IGr.A-m PAQKiNG aKiKr--rJTHE k:kAg-OFTHE t-CT. Z3 u &X 4. The duplex shall be subject to the six month minimum lease IL provisions of Section 20-22 of the Aspen Municipal Code. �-� l.tl v 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 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. Constance R. Hoguet STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing Application for Exception of Regulation Under Aspen Subidivsion Ordinanace was acknowledged before me this 26� day of 1979, by Constance R. Hoguet. i Witness my hand and offical seal. My commission expires: 6CZ'4"t otary Public • 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 the Aspen Subdivision Ordinance. j Kathryn K. Reid STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing Affidavit was acknowledged before me this / day of ��� 1979, by Kathryn K. Reid. Witness my hand and offical seal. My commission expires: 1V(y�ommisston xpires March 10,19R2 6 No ry Public 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 O, 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. Constance R. Hoguet STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing Affidavit was acknowledged before me this, day of `�:-, 1979, by Constance R. Hoguet. Witness my and and offical seal. My commission expires: /AlG Not ry Public 0 TELEPHONE 292-9200 AREA CODE 303 HAND DELIVER HOLLAND & DART ATTORNEYS AT LAW SOO EQUITABLE BUILDING 730 SEVENTEENTH STREET DENVER, COLORADO P. 0. BOX 8749 DENVER,COLORADO 80201 PLEASE REPLY TO: MOUNTAIN PLAZA BUILDING 434 E.COOPER STREET, ASPEN,COLORADO 61611 TELEPHONE 925-3476 AREA CODE 303 July 9, 1979 Mr. Richard Grice City/County Planning Office 130 South Galena Aspen, Colorado 81611 Dear Mr. Grice: CABLE ADDRESS HOLHART, DENVER D JUL 09 1979 ASPEN / PITKIN CO. PLANN!NG OFFICE 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, Mary M. Schwertz for Holland & Hart MMS/b cc: Robert Hoguet Enclosures Attached: $50.00 (check) 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 Tuesday, November 6, 1979. Therefore, may.I please have your written comments no later than Monday, October 29, 1979. Thank you. • HOLLAND & HART ATTORNEYS AT LAW 555 SEVENTEENTH STREET TELEPHONE 575-8000 SUITE 2900 AREA CODE 303 DENVER,COLORADO MAILING ADDRESS: P O. BOX 8749 DENVER, COLORADO 80201 CHARLES T. BRANDT PLEASE REPLY TO. 1303)925-3476 434 E COOPER STREET. ASPEN, COLORADO 81611 TELEPHONE 925-3476 AREA CODE 303 August 17, 1979 HAND DEANERY Richard Grice City/County Planning Office 130 S. Galena Aspen, Colorado 81611 Dear Richard: CABLE ADDRESS HOLHART,DENVER TELECOPIER (303) 575-8261 �1 1 AUG 2 >; 1979 J ASPEN / PIT KIN CO. PLANNING OFFICE Re: Hoguet Duplex -Subdivision Exemption 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 Department and that our application can proceed before the Planning and Zoning Commission at the earliest possible date. As I indicated to you, the G.E. Buchanan Survey previously submitted 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 determine, 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 Commission at an early date. Very truly yours, Charles T. Brandt for Holland & Hart CIB/b Enclosure cc: Mr. & Mrs. Robert Hoguet • MEMORANDUM TO: Dave Ellis, City Engineer PR6 Stock, City Attorney FROM: Richard Grice, Planning Office RE: Hoguet Subdivision Exception DATE: 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. $4 0 E TELEPHONE 575-8000 AREA CODE 303 CHARLES T. BRANDT (303) 925-3476 HAND DELIVERY HOLLAND & HART ATTORNEYS AT LAW 555 SEVENTEENTH STREET SUITE 2900 DENVER.COLORADO MAILING ADDRESS. P.O. BOX 8749 DENVER, COLORADO 80201 PLEASE REPLY TO: 434 E COOPER STREET, ASPEN. COLORADO 81611 TELEPHONE 925-3476 AREA CODE 303 September 7, 1979 Mr. Richard Grice City/County Planning Office City of Aspen 130 So. Galena Street Aspen, Colorado 81611 Dear Richard: Re: Hoguet Subdivision Exemption CABLE ADDRESS HOLHART.DENVER TELECOPIER (303) 575-8261 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. 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. 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, rN Charles T. Brandt for Holland & Hart CTB/b Enclosures cc: Robert L. Hoguet (w/encl.) E • MEMORANDUM TO: Lou Buettner, City Engineering FROM: Richard Grice, Planning Office RE: Hoguet Subdivision Exemption DATE: September 10, 1979 Attached please find application for subdivision 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. 0 n U CITY OF ASPEN N 130 south galena; tteet aspen, Colorado,, 81611 MEMORANDUM DATE: August 7, 1979 TO: Richard Gr' FROM: Ron S ock 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 0 • M E M O R A N D U M TO: RICHARD GRICE, PLANNING OFFICE FROM: LOUIS BUETTNER, ENGINEERING DEPARTMENT 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 insufficient and the engineering department can make no recommendation at this time. jk cc: Constance R. Hoguet 118 E. Bleeker Aspen, Co. 81611 • 0 M E M O R A N D U M TO: Richard Grice, Planning Department FROM: Louis Buettner, Engineering Departure - DATE: August 28, 1979 RE: 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 to the west. 6. This existing duplex is currently on a flat rate water billing. The City has required all water users to install meters by Apr:_1 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 unitsjthe 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 the area to construct sidewalk. Page 2 0 Re: Hoguet Saivision Exemption i 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. American Land Title Association Commitment - Jefied 10/73 COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgageeof the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company, This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." STEWAIZT TITLE \\\\�i��;��'(1.E • G//4"__ GUARANTY COMPANY Q • GORPOgq :2;A% '�'• 1908 •?o /10 Chairman of the Board President Serial No. CC 82558 406000 SCHEDULE A 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: E Commitment Number: CC 82558 $ Amount of Insurance TBD Premium $TBD C. $ Tax Certificate $5.00 3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto is at the effective date hereof vested in: CONSTANCE R. HOGUET 4. The land referred to in this commitment is described as follows: The East 8.99 feet of Lot 0, all of Lot P and the West 14.56 feet of Lot Q, Block 65, CITY AND TOWNSITE OF ASPEN, County of Pitkin, State of Colorado. Page QSTEWART TITEl GUARANTY COMPANY 1652 SCHEDULE 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. Hoguet to (to be determined). 1653 Page STEWART TITLE GUARANTY COMPANY SCHEDULE B — Section 2 Exceptions Order Number: 8840 Commitment Number: CC 82558 The policy or policies to be issued will contain exceptions 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 public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.Any and all unpaid taxes and assessments and any and all tax sales which have not been properly redeemed or cancelled. Treasurer's Certificate of taxes due has been ordered. 7.Terms, conditions and obligations of Common Areas and Structures Declaration Agreement as set forth in instrument recorded June 28, 1966 in Book 221 at page 224. 8.Reservations and exceptions as contained in patents from the United States for the City and Townsite of Aspen, under the provisions of the act of Congress, approved on the second day of March, A.D. 1867, entitled "an act for the relief of the inhabitants of Cities and Towns, upon the public lands." "Provided, that no title shall be hereby acquired to any mine of gold, silver, cinnabar, or copper or to any valid mining claim or possession held under existing laws; and provided further that the grant hereby made is held and declared to be subject to all the conditions, limitations, and restrictions contained in Section 2386 of the Revised Statutes of the United States, so far as the same are applicable thereto." 9.Any tax, assessment, fees or charges by reason of the inclusion of subject property in Aspen Sanitation District, Aspen Street Improvement District, Aspen Valley Hospital District, Aspen Fire Protection District and The City of Aspen. Exceptions numbered are hereby omitted. 1654 Page 4 STEWART TITLI: GUARANTY COMPANY i • 0 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 Company 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 Insured and such parties included under the definition of Insured in the form of policy or policies 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 provisions 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 or not based on negligence, and which arises out of the status 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. STEWAUT TITEE GUARANTY COMPANY •t L Page 5 CITY OF ASPEN qw MEMO FROM RICHARD GRICE pf I IU •�R" oLd Jr�� ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 -xception of Regulation under LAND USE APPLICATION FEES aspen Subdivision Ordinance County HOGUF 00100 — 63711 09009 — 00000 Subdivision/PUD 63712 Special Review 63713 P&Z Review Only 63714 Detailed Review 63715 Final Plat 63716 Special Approval 63717 Specially Assigned City 00100 — 63721 09009 — 00000 Conceptual Application 63722 Preliminary Application 63723 Final Application 63724 Exemption 63725 Rezoning 63726 Conditional Use PLANNING OFFICE SALES 00100 — 63061 09009 — 00000 County Land Use Sales 63062 GMP Sales 63063 Almanac Sales Copy Fees Other Name: — Project: _____ _ - Address: _ Phone: — ---- Check No. _ Date: Receipt No. P �2 L or) T 0 IL �p V � oA.a j'✓.-tr Q 0 V 1 . 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S(o T 0.,- L G) T Q , .BL O C S 484 DeT TO /3E L Q G fJ T �O E Jai Ti e �L y i-�l Trr ; .b Th'.E isoG//`iO q,E' y AQo .e/40Ep ,aenPEQr 7 e9s Ti-//S �C A T 7-/-'E L a CA) T/o /V ANO D/NENS/O NS Qf T/+/E Q v IL o ,'i1/ c TS o,- ), ► ' ' N C G U2 AT E L y -S/-r c� vti ti 0 :oP SET T -rUR V ff 7 SLAT C�/r .E • 8. 99 FT nF L L7 7- 4 car. /�vv 7�� WffS - 14 S46 i=r. Q L 0 7- Q, /S L O C AC- 4Z 5; X? S .o,E Al 4000 5CALE1 V = 10' L'"AC 5 OF BEARING, FOUND MONUMENTS At 5HOWN. MAP PREPARED 5Y, ALPINE SURVEYS PQ COK 1730 A59EEM , COI..O$Z^1 L7 � 925- 2605 SGPT. V Al �v Q� 7ELCpy�� T� 20.Cg, W,p7H 7478' T \ E � r EXEMPTRON MAP EJOGUET SUBDIVISION OWNER o SjUBDHVHD ER CON57ANCE K. HOGUET 115 E. MLEEKIE-12 ASPEN, COLOK'AVO al<oll S 0.J R U' E li ©R"S (CERTIFH(CA 11 E THIS MAF ACCG P,A- E Y DE�PICT5 AYSU);,'VEY K' 1,DF. UNDER MY 5UPERV1510N ON AUGUST 7, 11779, OF 7HE EAST 8.99' , ALL OF LOT P, AND THE WE57 14.'Xv' CP LO7 62, 13Lor- lay, GITY ANR fOWNj5)T�E OF ASPEN, COL012ADO. E5 F RE-,CP- L-5. 9184 O 9184 F co *�9T�,yO oURVE�o �Po SCALE. 1' = 10' e-A515 OF BEARIWC 5- FOUND MONUMENTS A5 SHOWN. MAP 9RET7AiZED BY ALPINE SURVEYS PO WK 1730 `\ i39EN , GOLORACo / 925 2&88 � 8 , I �orvzva R I T�`�phdNE A T� HOGUET C.OH57ANCE K. HCGUET 118 E. Iy..LEEI-Ep, A-2MN, COLOIZA170 SICol1 SUBDIVISION } / 7 SURVIEYOWS (CIEIE TH FHCCL TIE I, JAMES F IZE5EF-, HEf2E5Y CEFZTIFY TKAT / w / TH115 MAr ACGUW^7ELY DEPICTS A 5UtzVEY !r� 8 MADE. UNDER MY SUPEIZV1510N ON AUC-2U5T 7, 1479 , OF 7HE EAST 8.99' , ALL OF LCTT P, t l Q A-V 7HE WEST 14.1-5o' CF LOT Q , 13LOCK. (os, CITY AND TOWNS)TE OF ASPEN, CIOLO12AD0 , r �8� 9184 9184 W OF C0�-O 1/ l / O 0 /� 0 /� / �o W e - 1' J t / "I - 1 7.7