The URL can be used to link to this page

Home My WebLink Aboutcoa.lu.ec.330 E Main St.A64-90Hotel Jerome Lot Line Adjustment 330 E . Main op), K S I4► 31-54(. A64-90 CASET" SUMMARY SHEET _y of Aspen 0 DATE RECEIVED: 10 8 90 PARCEL ID AND CASE NO. DATE COMPLETE: A64-90 STAFF MEMBER: KJ PROJECT NAME: Hotel Jerome Lot Line Adiustment Project Address: 330 East Main Street, Aspen CO Legal Address: APPLICANT: Hotel Jerome Associates Applicant Address: 330 East Main Street, Aspen CO REPRESENTATIVE: J. Nicholas McGrath Representative Address/Phone: 600 East Hopkins Avenue,Ste 203 Aspen, CO 925-2612 PAID: YES ( N AM01JNT: NO. OF COPIES RECEIVED: 1 APP/ 1 map TYPE OF APPLICATION: 1 STEP: 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO p J CC Meeting Date PUBLIC HEARING: VESTED RIGHTS: YES NO KD'w Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: - City Attorney Mtn. Bell School District City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshal State Hwy Dept(GJ) City Electric Building Inspector Envir. Hlth. Roaring Fork Other Aspen Con.S.D. Energy Center DATE REFERRED: 1112Z °W INITIALS: a FINAL ROUTING: City Atty Housing FILE S DATE ROUTED: ITIAL: City Engineer Zoning Env. Health Other: ATION: (�61) 66C9 ORDINANCE NO. 30 (Series of 1990) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A LOT LINE ADJUSTMENT PURSUANT TO SUBDIVISION EXEMPTION AS AUTHORIZED UNDER SECTION 7-1003 OF CHAPTER 24 OF THE MUNICIPAL CODE. WHEREAS, the Hotel Jerome Associates as owner of the Hotel Jerome has submitted an application to adjust the boundary line demarcating the Hotel Jerome property from the Mill Street public right-of-way in the City of Aspen; and WHEREAS, a lot line adjustment as requested constitutes an exemption from the subdivision process set forth in Division 10 of Article 7 of Chapter 24 of the Municipal Code; and WHEREAS, the lot line adjustment as applied for has been reviewed by the Engineering and Planning Departments and has been recommended for approval by the Planning Director; and WHEREAS, the City Council finds that the requested lot line adjustment is necessary to correct a survey error and constitutes an insubstantial boundary change between adjacent parcels; and WHEREAS, consent of the landowners whose lot lines will be adjusted has been obtained; and WHEREAS, the requested lot line adjustment will relieve a specific hardship suffered by the Hotel Jerome Associates; and WHEREAS, the proposed corrected plat illustrating the lot line adjustment will meet the standards set forth in Chapter 24 of the Municipal Code; and WHEREAS, the requested lot line adjustment will not affect development rights or permitted density of the affected lots. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1 A subdivision exemption is hereby granted for a lot line adjustment pursuant to Section 7-1003A of the Municipal Code for that lot line separating the Hotel Jerome property from the Mill Street public right-of-way adjacent to Lot S, Block 79, Townsite of Aspen, and more particularly consisting of 50.35 square feet (.5' x 100.71) upon which rests the east bearing wall of the Jerome Hotel. Section 2 The subdivision exemption and lot line adjustment as herein granted shall be conditioned upon: (a) The submission by the applicant of an amended plat reflecting the new lot line(s) to the City Engineer for approval and which meets all the requirements of Section 7-1004(D)(2) of Chapter 24 of the Municipal Code; (b) The recordation of the new plat as approved by the City Engineer; and (c) A payment by the applicant of a planning fee in the sum of $870.00 prior to the Planning Director's written approval of the new plat. 2 • • Section 3 This ordinance shall not have any effect on existing litiga- tion and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5 A public hearing on the ordinance shall be held on t'-e / 7' day of 1990, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the oc�� day of i , 1990. ATTEST: 'ev-4-' , -) J- Kathryn ,!. Koch, City Clerk 3 William L. Stirling, Mayor FINALLY adopted, passed and approved this _4� day of 01 '_1i ._ '1 -me William L. Stirling, Mayor ATTEST: /"" '7 Kathryn Koch, City Cler • • MEMORANDUM TO: Mayor and City Council THRU: Carol O'Dowd, City Manager THRU: Amy Margerum, Planning Director FROM: Kim Johnson, Planner DATE: December 7, 1990 RE: Hotel Jerome Lot Line Adjustment as a Subdivision Exemption, First Reading Ordinance , and Request for Planning Fee Waiver. SUMMARY: This request seeks to clear up an historic 6 inch encroachment situation on the City's right-of-way that has existed since the Hotel Jerome was built. The Planning Office recommends approval of this Lot Line Adjustment with conditions. The Planning Office does not recommend waiver of processing fee deposit. COUNCIL GOALS: This request supports Council's goals of preserving historic structures and to develop a fair and consistent government. PREVIOUS COUNCIL ACTION: The Council granted an encroachment license for the front portico, window wells, stairwell and wall on N. Mill in June, 1990. BACKGROUND: The original hotel building has existed for over 100 years. Different surveys at times have indicated an encroachment of the south wall of up to .5 foot (6 inches) into the N. Mill St. right-of-way along the building's 100.7 foot length. Even though the City granted license to encroach earlier this year, legal counsel for the Hotel, Nick McGrath, became concerned that an encroachment license is a revocable remedy. He talked to City Attorney Jed Caswall who felt this solution which would give permanent security for the Hotel and their investors. A lot line adjustment giving ownership of approximately 50 square feet to the Hotel is in the best interest to both the Hotel and the City, in that the property in question is not subject to any legitimate public use and has not been so since the Jerome was constructed. In addition, the placement of the wall or demarcation of the right-of-way may have resulted from survey error. Please see application information and graphics Attachment "A". PROBLEM DISCUSSION: Section 7-1003 A. of the Aspen Land Use Code specifies that Council may grant a Subdivision Exemption for Lot Line Adjustments. Five standards must be met: a. It is demonstrated that the request is to correct an engineering or survey error in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels. Response: There are in existence at least two plats which conflict with the as built Hotel location. This proposal would update and rectify a historic inconsistency. b. Both landowners whose lot lines are being adjusted provide written consent to the application. Response: City Attorney Caswall has prepared a City Council Resolution for Consent Agenda approval granting the City's consent to this process this application application. C. It is demonstrated that the request is to address specific hardship. Response: The encroachment license language grants a "private revocable license" which may be "terminated at any time and for any reason at the sole discretion of the City Council". This is uncomforting language to the Hotel's investors and proposed lenders. As a main load -bearing wall is in the area of question, the applicant seeks the most protective status as possible, which is ownership of the strip of land. d. The corrected plat will meet the standards of this division,... Response: A new plat shall be reviewed by the Engineering Department for compliance with the Code's platting requirements. e. It is demonstrated that the lot line adjustment will not affect the development rights or permitted density of the affected lots... Response: No changes in density or development rights will result from this adjustment. Engineering referral comments: The Engineering Department prefers to retain uniform right-of-way widths therefore prefers the encroachment license method. However, they do not strongly object to the lot line adjustment. Please see Attachment "B" for full comments. Request for fee waiver: The applicant requests waiver of the $870.00 Planning/Engineering processing fee deposit. Planning feels that the request for the lot line adjustment is a distinct application apart from the original encroachments granted this spring. It is being processed solely for the additional security of the applicant. The City's responsibility for the well being K of the Hotel should not extend to waiving legitimate fees for additional requests. RECOMMENDATION: The Planning Office recommends approval of the Subdivision exemption for the lot line adjustment. Planning does not recommend waiving the processing fees for this proposal. ALTERNATIVES: Retain the encroachment license as the mechanism to allow the wall of the original Hotel to remain. PROPOSED MOTION: I move to approve and have First Reading of Ordinance &C) for a lot line adjustment granting to the Hotel Jerome the .5' x 100.7' piece of land in the N. Mill St. right- of-way which underlies the exterior wall of the original Hotel Jerome. The conditions of this approval are: 1. The applicant shall submit to Engineering for approval a plat reflecting the new lot lines, which meets all requirements of Section 7-1004.D.2. of the Aspen Land Use Code. Upon approval of Engineering, the plat shall be filed with the Pitkin County Clerk. 2. The application deposit fee of $870.00 shall be paid prior to the Planning Director signing the plat. CITY MANAGER COMMENTS: Attachments: "A" Application information and graphics "B" Engineering referral comments Ordinance gO for consideration jtkvj/jerome.11a.ccmemo 3 LJ ( •Attachment "A" J. NICHOLAS MkCGRATH, P.C. A Professional Corporoficn Attomeys At Law J. Nicholas McGrath' Michael C. Ireland October 16, 1990 Ms. Amy Margerum Aspen/Pitkin Planning Office 130 South Galena Aspen, CO 81611 Re: Hotel Jerome - City lot line adjustment Dear Amy: 600 East Hopkins Avenue Suite 203 Aspen, Colorado 81611 Telephone (303) 925-2612 Telecopler (303) 925-4402 This is an application for a lot line adjustment between the Hotel Jerome, owned by Hotel Jerome Associates, and the City of Aspen, as owner of the South :Mill Street right of way concerning the wall of the historic portion of the Hotel. This application is made pursuant to Sec. 7-1003(A)(1) and (B) of the City's land use code. I have already spoken to City Attorney Jed Caswell concerning the initiation of this application. For further background please review the attached letter concerning encroachment licenses. As you may recall, we applied and received approval from City Council for an encroachment license for the portico, window wells, stairway on South Mill, and the wall. In the course of reviewing the City's standard encroachment license language to put that approval in writing, I had to look at the issue of the wall in greater detail. I have sent the written encroachment license for the encroachments other than the wall to the City Clerk for signature, and a copy is attached. Let's turn to the problem of the wall. The wall "encroaches" perhaps six inches into the South Mill Street right of way along its 100.7 foot length. As I have said, it is the historic wall, not part of the addition, and it has been there for almost 100 years. Indeed, the "encroachment" may only be a result of differing surveying standards over the years (see letter of surveyor McBride, enclosed) and thus not be an encroachment at all. Further, I am given to understand that most City streets are owned in a proprietary capacity and that no evidence of dedication and acceptance can be J. NICHOLAS MCGRATH, P.C. Ms. Amy Margerum October 16, 1990 Page 2 found, so that --contrary to the general rule --private parties may obtain title by adverse possession. If that rule of law applied, then of course the Jerome owns the 6 inch by 100.7 foot strip since the wall has been in place and taxes paid on it for nearly a century. Fortunately we do not have to decide that issue, since this application may resolve any problem without injury to the interests of the City or of my client. The standard encroachment license language states "a private revocable license" is granted; that while it is granted for a "perpetual term" it may be "terminated at any time and for any reason at the sole discretion of the City Council * * *." There is other similar language that --if applied to something as crucial as a main bearing wall of the Hotel Jerome --pose an insurmountable barrier to the Hotel's investors, and more importantly, to its proposed lenders. Because of problems with old surveys, it is accurate to say that we do not really know the exact boundary of the Hotel Jerome wall --South Mill Street "lot" line. Therefore we propose officially to adjust that lot line to the reality of a century: that is, to establish that the line is at the location of the outside of the existing wall. We need the consent of the City for the lot line adjustment, Sec. 7- 1003(A)(1)(b), and the approval of the City as well. We believe all the requirements of Sec. 7-1003(A)(1)(a) to (c) are met by this application. The specific hardship to the Jerome is not being able to convey or to give as security for a loan "marketable" title to its real estate and building. I enclose a large map and several copies of reductions for your convenience. On May 8, we paid approximately $870 as the fee for processing the encroachment. This application, while perhaps technically a separate one, is really part and parcel of the encroachment application. We therefore ask that you waive a new $870 fee. .HOLAS tACGRATH, P.C. Ms. Amy Margerum October 16, 1990 Page 3 Thank you for your consideration and please call if you have any questions. Sincerely, J. NICHOLAS McGRATH, P.C. By JJqA, Lk(6�� J. Nicholas McGrath cc: Edward M. Caswell, Esq. j7:margeOl 1.ltr r U `e 5 �ie Y�l�k gy� � ¢ •:YR� I ! -.�� _ v F"s .. -�: ° e �qe w _.tlRS lJ�'��.� sF.v. v '�-' � "� • ¢ � .. W `.��i.• Q s2�i 2 N Q .S "� � Y' � Y I � Er •�.'»? Sx L F a' C Y 21x »SSSF: "s."E 3 x.fp t l; g S- g E Y 48 r� tt.. r wBZ73q.iT' RgaK v ! 46 � 'pS:CY a B x N S .S��L7�{�.� y 'x o O I C R I �I m y _ u: z iY'�-:= k S Sg:-Y� gSSFY x SE �.� atf: S Sx•�-Y� �tS:E >(j S S�dSY� �rS7L':f• r 2 � � vi �E� � a�GS- ;o E2 t ^. ee rl< g g e E:ay u 3 Is 1338 �77/N� H-Z80N�� s _ Dui i i i o of Q Ej Z Ll =o cs w CC QZ v L i CCLd CD I Mill Z CID1 11I : J UO v a61i — �4 o Jt4 •A . o ., t ; Ja Q J LLJ Q1 J t �J tl ❑� J Crr co �5 W F ~ h c— — — — W W 3m _ r Q W y O R � '3 13381S HOYVNON HI &ON MEMORANDUM Attachment "B" To: Kim Johnson, Planning Office From: Chuck Roth, City Engineer e� Date: November 28, 1990 , Re: Hotel Jerome Lot Line Adjustment Having reviewed the above referenced application, the engineering department has the following comments: The engineering department has discussed this with the city attorney. The engineering department does not have vigorous objections to handling the situation as a lot line adjustment, but the city attorney agreed that the engineering viewpoint should be presented in this review memo. The municipal engineering philosophy would be that property ownerships stem inwards from public rights -of -way. There is a map on file in the engineering department which was adopted by Ordinance No. 6 (Series of 1959) which documents the widths of the rights -of -way (both streets and alleys) in the Original Aspen Townsite and East Aspen Addition.• If this situation of encroachment into the right-of-way is handled as a lot line adjustment, then the right-of-way widths will begin to lose their uniformity for streets and alleys. The engineering department would prefer to maintain uniform right-of-way widths and to issue an encroachment permit which grants the encroachment for as long as the building stands. If any of these historical structures are ever reconstructed for whatever reason, the new structure should conform to established city right-of-way widths. cc: Bob Gish, Public Works Director Jed Caswall, City Attorney CR/cr/M90.193 • J. NICHOLAS MCGRATH, P.C. A Professional Corporation Attorneys At Law J. Nicholas McGrath' Michael C. Ireland October 16, 1990 Ms. Amy Margerum Aspen/Pitkin Planning Office 130 South Galena Aspen, CO 81611 Re: Hotel Jerome - City lot line adjustment Dear Amy: 600 East Hopkins Avenue Suite 203 Aspen. Colorado 81611 Telephone (303) 925-2612 Telecopier (303) 925-4402 This is an application for a lot line adjustment between the Hotel Jerome, owned by Hotel Jerome Associates, and the City of Aspen, as owner of the South Mill Street right of way concerning the wall of the historic portion of the Hotel. This application is made pursuant to Sec. 7-1003(A)(1) and (B) of the City's land use code. I have already spoken to City Attorney Jed Caswell concerning the initiation of this application. For further background please review the attached letter concerning encroachment licenses. As you may recall, we applied and received approval from City Council for an encroachment license for the portico, window wells, stairway on South Mill, and the wall. In the course of reviewing the City's standard encroachment license language to put that approval in writing, I had to look at the issue of the wall in greater detail. I have sent the written encroachment license for the encroachments other than the wall to the City Clerk for signature, and a copy is attached. Let's turn to the problem of the wall. The wall "encroaches" perhaps six inches into the South Mill Street right of way along its 100.7 foot length. As I have said, it is the historic wall, not part of the addition, and it has been there for almost 100 years. Indeed, the "encroachment" may only be a result of differing surveying standards over the years (see letter of surveyor McBride, enclosed) and thus not be an encroachment at all. Further, I am given to understand that most City streets are owned in a proprietary capacity and that no evidence of dedication and acceptance can be 'Member, Colo. (Wf), Calif (1969), and D.C. (1966) bars J. NICHOLAS MCGRATH, P.C. Ms. Amy Margerum October 16, 1990 Page 2 found, so that --contrary to the general rule --private parties may obtain title by adverse possession. If that rule of law applied, then of course the Jerome owns the 6 inch by 100.7 foot strip since the wall has been in place and taxes paid on it for nearly a century. Fortunately we do not have to decide that issue, since this application may resolve any problem without injury to the interests of the City or of my client. The standard encroachment license language states "a private revocable license" is granted; that while it is granted for a "perpetual term" it may be "terminated at any time and for any reason at the sole discretion of the City Council * * * ." There is other similar language that --if applied to something as crucial as a main bearing wall of the Hotel Jerome --pose an insurmountable barrier to the Hotel's investors, and more importantly, to its proposed lenders. Because of problems with old surveys, it is accurate to say that we do not really know the exact boundary of the Hotel Jerome wall --South Mill Street "lot" line. Therefore we propose officially to adjust that lot line to the reality of a century: that is, to establish that the line is at the location of the outside of the existing wall. We need the consent of the City for the lot line adjustment, Sec. 7- 1003(A)(1)(b), and the approval of the City as well. We believe all the requirements of Sec. 7-1003(A)(1)(a) to (c) are met by this application. The specific hardship to the Jerome is not being able to convey or to give as security for a loan "marketable" title to its real estate and building. I enclose a large map and several copies of reductions for your convenience. On May 8, we paid approximately $870 as the fee for processing the encroachment. This application, while perhaps technically a separate one, is really part and parcel of the encroachment application. We therefore ask that you waive a new $870 fee. J. NICHOLAS MCGRATH, P.C. Ms. Amy Margerum October 16, 1990 Page 3 Thank you for your consideration and please call if you have any questions. Sincerely, J. NICHOLAS MCGRATH, P.C. By Ue4'�� J. Nicholas McGrath cc: Edward M. Caswell, Esq. j7:marge011.1tr nI _41 C..ry .,n.Uw•Jr mow. K Oar- Te. viceJ.a.1s.-i .wJr� I LiNwJJ.n[J,' I Ir Oo�Jr re.naa.- <mY NOJJMCwIr' JrJ Jco< .i..Y- Eo HOTEL JEROME LOT LINE ADJUSTMENT PLAT BLOCK 78 E A S T S L E E K E R S T R E E T 1 � 9 "13•q nl.. L'11.4d PARCEL F LOTA I I I 47,f851 SO. FT{ I I LOT I e OJL fe iQJc >rdY bt�c-L 0+1i .-r•��1 W TI J rygyFylf.�T 4J0 GM2JL.�41 44f'�N L e. 4Ea1-Y v u-040, ALLEY 0 BLOCK T9, � ` a 4T, h- 77 B sE xe ? "PARCEL E -I— LOT K I I e J «E�L««D� I_ I LOT S �•( 0 Sc hPt - O 7 El o.X ,W v,.QJsS'oN'e_ EA S T M A/ N ('w ; I—) ADDRESS 330 E MAIN ST BLOCK 80 VICINITY MAP TE U s. �U3 } a+s<sr .. �.Ar • . Aieo 4Y ra•w7rE / \ ❑ h / W \ \ )\I ❑ / fl, ( J j ? I o zit -El OEl N It ExC«0^ .E«iLICENSE )E \ I.E. !Y Po«nCo A DLD4. i«ni«-A«ELL ' eu ee 1 Aspen Survey Engineers Inc. 210 ) GALENA ST. . P.O. .o. eozo `—�^ J`J 13D)1 935-)el6 DATE JDe ND. , Isils, Ib065 ).33e0 e[LV«V[YEw OWNER'S d MORTGAGEE CERTIFICATE u�R All TAX AT XXIXA AA �� 7. �., ,L ro� eo -AL —;;-1 - - - Ill"A PA 'r orumE .z. '- TITLE CERT I'FICATE XX SURVEYOR'S CERTIFICATE L. TAX CITY OF ASPEN APPROVALS ar 9a.rP SrbA--�rnrr clli--ails CLERK 6 RECORDER'S ACCEPTANCE Ti. c _ Al J. NICHOLAS MCGRATH, P.C. A Professional Corporation Attomeys At Low J. Nicholcs McGraih' Micncel C. Irelana May 8, 1990 Mr. Chuck Roth City Engineer City of Aspen 130 South Galena Street Aspen, Colorado 31611 Re: Hotel Jerome, encroachment license application Dear Chuck: 600 East Hopkins Avenue Suite 203 Aspen, Colorcao a1611 Telephone(303)925-2612 Teieccoier(3031925-4402 I am new counsel for the Hotel Jerome. In going through its and the City's records, it appears to me that the Jerome did not process an encroachment license through your office on the approvals for the remodel and the new wing. We will reed to satisfy a lender, and this could be an issue. I have confirmed with Jim Gibbard that your office has no record of a license application having been processed. The main agreement for the approvals is the "Amended and Restated Planned Unit Development Agreement - Hotel Jerome - Renovation and Addition," between the City and the Hotel Jerome Limited Partnership, and Marketing Corporation of America. The agreement is dated July 31, 1986, and was recorded in Book 518 at Page 921 of the records of Pitkin County. Clearly some encroachments were contemplated by both sides, since some are historic. The agreement provided in paragraph 10 that the owner was to process encroachment licenses. I enclose a copy of the agreement for your convenience. I enclose the necessary fee, and plats by David McBride of Aspen Survey Engineers. The encroachments are (1) two window wells and (2) the entrance portico on the original building; (3) the outside stairs to the downstairs on Mill (to the Jerome Pizza Parlour); (4) a six inch encroachment of the historic wall along Mill (but not of the addition), and (5) two lamp posts at the garage entrance on Bleeker. The first four encroachments are all historic; they have existed since the Hotel Jerome was originally built so far as I can tell. There are some landscaping encroachments, e.g., grates around trees along the sidewalk, but it is my understanding that landscaping encroachments do not 'Member- Colo. (1971), Calif (f969). and D.C. (f966) Cars J. NICHOLAS MCGRATH, P.C. Mr. Roth May 8, 1990 Page 2 require a license (please let me know if that is correct). We believe the license request meets all of the review criteria and public benefit tests set forth in your office's general memorandum on encroachments. It is my understanding that the consideration for the encroachments was already made, i.e., that the Jerome in the course of its approval constructed new sidewalks, made landscaping improvements, put in some new curbs and gutters, regraded (with the City) a portion of Bleeker Street, put in an additional water main or portion of a loop, etc. The project had all of its approvals, including from the Historic Preservation Commission, and no changes have been made, so I assume that no re -referral is necessary. Please call if you have any questions. I would appreciate the earliest possible date on Council's agenda. Thanks. Sincerely, J. NICHOLAS MCGRATH, P.C. ORIGINAL By COPY SIG EDBY J. Nicholas McGrath J. Nicholas McGrath j 1:roth58.ltr ENCROACIIMENT LICENSE APPL/CATION• J. B L O C K 7 8 HOTEL JEROME IMPROVEMENT SURVEY VICINITY MAP OF LOTS A THRU 1 ,10 THRU S , THE EAST 20' OF LOT N 6 THE f 'hlLE^I `""D` EASTERLY I70.00' OF THE VACATED �t; ALLEY BLOCK 79 [CITY 8 TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO CERTIFICATION ' E A S T S L E E K E R S I R E E T^ TO. j. .PANT RoxA1q 1. RI CIIARD r. IUNN! MD NAPVIM M. IPANNLIN, (,+ �< -••.'r 1 V.•t• -h s:-� 1 _x wl TOR I ELM" r0)IS eIOT1"OLDLICH.ITCS OCL)rl�Mll)VLLTCN. INCIT! MONIN[[ SCSI. Fit. _ <•Ir- SCSI. J. SAINT NONAHON. L)D. -- — I 1 rHa%�•.t FIRST MLDICAR TITLE IMSO—I COMPANY a - -- I ��) ------ .rh Q <•rN ;•c ..re../.:ter- 10 FORT OFFICE DWLAL J - - BOSTON. MAISACHOSs TT! OI10f ITLE } ..r,. ' .„ t t. L b __>• a A > [..<I ] DOC.THOPx INIRPONLTION • 1 _ FL� p ,may 1-1..�tr._1••` A]P[I. COLORADO LI)11 9 NOTCL JEPONL LINIILD PAPTICP)N11. S CM NLCrIM LINTtED• CIO— IAME)I 1. NILLLR. JR. 't I I I I I ey I I I I)DOI PO]i POLDE I.O.Y]O[ ,),AVL[Y "PAlrCFI. _ F' rLiRrlcLo. C.—TICUT Dc•m LOT A I I I 4 T,1685\ SO. FT` I I I LOT I 1� wxv[Y ENTITLED -VOICE JEPDNL INP"D—Eirr —VI- DATED J ) I IILPdRER ll. <19[). PPV•RLD LY DAYID N. NA RR 14[. -I a 11 ,� • 0 CNDNCERl. IN. � O•IL "., J r A• CL t ijl 4..1r/ mmvCY �AIt L_+J:•V Lt 4rLA.�VL THC ONoE nomm NEPLDY CERLIrIEE TILT nit ABOVE AnEkEAN[U A. PR&I.E. IRON AN \C1 USL OM-TH[-ONpMD IM9TmRtLNT I _Lkj 1HC LDC IT EURr CV OI nlC KODJECL PPDII50. TRAT TIE— ACCUPA1 El Y !INNS I11 ION Or TIC w1RI0SRms OF MC wfJECT PRENI]L! m10 Slit + I qr�c__ (ROSEIMO°O DRL A`LL wRIMO°EALi3. in1D PPdI![fawAY°N\YETI[ 0NEHf10H]ILOfvAYS TIL AMPOv[HLNT!AND TI[ LOCATION CN[PLOE VIM EALPLR TO nl[ SO DARTEf ARL CCURATELY 911— 1) THL !ML N[PL liNIILD OXL . fEPrdfEATIEPLA.EVO OIC`AO.CI I DY INPPn TL LPPUR)INAHI Te .—Li IxO nn, UPON )NL —cl ll1i![9.FOPTROIITiltCUU[R"CRISISUMLL!]D1101111"TALON+TRAT ILLw1LD1RES LND W LES. LT[ In. I vlW ILL APILICAI"wILDINO PCl IPICTIp, LINE]. 11 \NY. LND OD MOT VIOLAIL ANY_/ 1 _ PE]IPICTIDN OR ONES RICO.. AOPCITC"T ![T IWd IN 1ML ]P[CIN[I —ll"dT IDR TITLE INSURANCE 1 11 ill[ "I'CT PDENT]E] DATED4,4, tt> ..J A ••� A �D lEPI NDEP 1. toI RUKBE0. NOO,t) C 13WO TO YOU DT IISTALLEY QBLOCK T9k"c'C-Y1,V441I._4D3, '-`• - AH[Rl AN TITLE INSUPANCC Cd1P ANY IdC-iITL[IOLICY•1+ 111AT\LL J u)den) AHD xiaw or NAv w cm APE APFURICH To oA wn.[x I.r..-L1 c j-hY e�ccrl7 I r t Ce j ? na eUBI Prdllu AND III APE ACrEPPED TDIINc inu PoucY Y, > o• )onI111AMCAIPAPLNY rNON A VIwAL IAllsCIIO".l✓le-Jr L TNCRONITorNLLL /LL"INO APLL! ARC DELIMCATLD INERLG, MD tM-1 1/ [LC4T A! OTN1. F OODNI TNEPCtW, rNL a on .31D 0. \PC 1ICT 'IaL ✓ Q IAl YITNIN AMT FLOOD MAC1A0 OR C—L VSY IDEA OR DISTRICT OLI IONATCD in r[OCRAL. LTITE 0R MIMICII]L AtrtNWITY OR IY1 VITNIN JI •`� LNY ALE[ LUwLCi TD LCOULITION BY rCDCPAL. IT It On NuNICIPAL AUiNi.m A] IIL\M. OP COASTAL V"A_LNOS. fLACII, UNARY OR THE D u LI.E,lll[11 TD \HD MOPE]] IRON TNL 11 ECT INdI]L! AND TIC T INo WENT! IND ITLOCNPE] lift.! N TO MAIN ]TPECT. NOPTN HILL ITPLCT. [A!T NLLEXI. STREET. AonN NONARCtI L UT l nit PU]LIC 4 AILEY or FLOC[ 11. CITY MO TONItPITI Dr LIF. ARC IPOVIDED VIA O THL "EM! IMOI<'\TLD HEREOF. 1Q PNJNICIIA1L Peres I1CUATlE! I Y\TER. NJM ICI PAL OPAINAOE 1 ] B /'A/r(7 l E (.I MxC Lo•cNYLNnw \` anucNPEs a :TORN ELVER) ANo 1M1ELECTRICI� : I I I -}. - Y. r, _�.•..r )laP.[.u.. / ..EEIl I. aI.. AxD LLEcrc EERnw or PUBLIC urlunn ..uc I I _ AVA ILAfLE IN nit LOCATIONS INDICIT[o Nc"Ca". LOT K LOT S ALoc .RCN, n .. INS ONDLRsIDNt. xnur C[Inn[E THAT nit lg1AR[ --t or LAGN rARaL oCA. It w .1 SOMY. 1) 1f SET loon! nIELD.N. I I cry . •JJ•ne .Ir _ •+'S N I r. _ A THAT LL DUCT PARCELD ARE CONTIOUW! YITNM AND ]TRIP[. a'" ON oOME3 EAISTINM fETV[d IVY Or DIID PSPCCI ], MD nut DAID 4 (1 .rr lrry - AT, /// _ /1J UIIM[PPIRTLD PLPCour IYITNOHi ANY AND DIPCMLOAPP OIIONE Tffo LL,L AND nit.I� I �•�••• ANDA A.OPTCDOfYRALTA AFORAI.HRIMOI So v1IN nlL '1 T IL PWBYLA D LSND IITLL NPVLYL '�`�L]••-R'""rDLIT—C. It. 11.1sIR i D•VIY li RCDII u DAVIDAw DIJI I It o.[DA - LEGEND a NOTES is woes 1 6, _ _ - _ `• ` ;, aCITY,n J .t rm. RaRPILNr. uJxN cot[ �..___.-_1. ._. _---._ a•>.�Ll [7_ I- - ..��•_��—�.Ij/.r,rr `,Y�r_...V rlam.0 DCDA• J.Ir c rY' >'> '•r �•'- AC—m COPNCD. SET PtDAR Y/ t1.AfTit CAP It 1.126 wr LT rL.f r�a.J L.l I�.JLe'x•r't. a,�-�r : • I—E.FY CONCH. DR IR RAIL Y/YA.... lJ I.uf COPCPLTL CAD DP VALNVAT i YWD .LNG LINE ML1A1. rdCt LINE E A S T MA I S T R E E T „ Q IMA MAM OLL rN , .RLLP[D .Y /CALLA APE RECORD CASED UPON me I,,, omcm mr DL nitnTv cx.e cN r• Aw�Aspen C-wul Survey Engineers Inc. • Dr Asr S)O E 4•IN ST AL°Les t/ -=F•. MO PonED ..... rw1D •DOPESS• /-21 �''T, -i -� PO. POa 230a ASPt LOL ORA00 Pltl! ONDE)CRIDED UTILITY IllInAll NEPC DCDICATED TO WE PUDIIC — IS IT 71'—=_ ✓� 1)D)1">Jl JAIL Ur njTI[9 OM NE CRIMINAL P.O.D. PLU ACCOROI. IN PLIT PIOL EE. PITNIN COImiY A[GOn , Ai 11 IT DIIII M COONFV lls AIM Iar065 of nie IWT L JENOhE EWL If AT'I OC a Ornit TN t PII B L O C K 80 RLCOf.) 1.8 —TIONIL IIIORN.noN. 0 C-1 MR. J. 600 E. ASPEN, ASPEN SURVEY ENGINEERS. INC. 210 S. Galena St. Aspen. Colorado 81611 (3031 925-3816 NICHOLAS McGRATH HOPKINS AVE. COLORADO 81611 MAY 11, 1990 JOB 16085 AID av Y J,,,5 CA JOA�� QO PkI REFERENCE: HOTEL JEROME ENCROACHMENT LICENSE APPLICATION DEAR NICK; IN RESPONSE TO YOUR TELEPHONE INQUIRY TODAY CONCERNING THE SURVEY HISTORY FOR HISTORIC STRUCTURES WITHIN THE ORIGINAL ASPEN TOWNSITE, WE CAN OFFER THE FOLLOWING INFORMATION. THE SURVEY THAT WE HAVE PREPARED FOR THE HOTEL JEROME IS BASED SOLELY UPON THE 1959 OFFICIAL MAP OF THE CITY OF ASPEN APPROVED BY ORDINANCE NO. 6 SERIES 1959 DATED NOVEMBER 16, 1959. USING THIS MAP AND THE PRESENT LOCATION OF THE REMAINING 1959 BLOCK CORNERS, WE HAVE DETERMINED THAT THE HOTEL'S JEROME'S EAST WALL ENCROACHES ONTO THE NORTH MILL STREET RIGHT OF WAY. HOWEVER THE 1959 CITY OF ASPEN MAP IS LOOSELY BASED UPON THE 1890 HOWE MAP OF ASPEN AND THE FEW ORIGINAL HOWE CORNERS THAT WERE FOUND. IT IS OUR PROFESSIONAL OPINION THAT .ANY SURVEY OF THE HOTEL JEROME IGNORING THE 1959 MAPPING AND BASED UPON THE 1890 HOWE SURVEY WOULD SHOW THE CITY STREETS IN A DIFFERENT LOCATION THAN OUR PRESENT SURVEY WE TRUST THAT THIS WILL MEET WITH YOUR APPROVAL AND THAT WE MAY BE OF FURTHER SERVICE TO YOU. SI CERELY OURS; i DAVID W. McBRIDE LS 16129 e rt✓oJ-•�� rw z 0 z 0 Vil" sr oy® HOTEL JEROME LOT LINE ADJUSTMENT PLAT B L 0 C K 78 E A S T R L E E K£ R S T R E E T i I LOT A LOT I 47,685�SO. FTI I I I o • oJ� ro ro.>L yroeY r.��J<.c. o.�l'-n..Jy w•r,J rynsrine�l* nr�o rxe� IJ<� unv-n�,� [ ALLEY p BLOCK 79 II�(1,o�li ;1 j s LOT K H14- VICINITY MAP Ear. Y 74 °10 ir EF" 1 Ll W i � r � ( s J 0 eT __._ � EAST MA/N STREET I (��w w,oe) i--�tiE1cx<+o.<xNili'^ sc r11vA". o°nw� aeiz i°<xxncla 1tt' °�•4+J ) Aspen Survey Engineers, Inc. MA .DURESS' ))D E IN ST l / //ii10 ). 4ALE x. )r. ��_ - / �r, � �/ •Sr[x, CO.OP.00 1161E BLOCK 80 -11 1Ir�oas -[, , °2[U°vI'll OWNER'S B MORTGAGEE CERTIFICATE urn mru� a °c,frnro:r M-nm-fr Fn--'m ":�i.ro�`: nf<rar-i1.Sr2'o'n nm wm—ire--r TITLE CERTIFICATE era s. xx, n .rt .,.a a ne11 Pl SURVEYOR'SCERTIFICATE aCITY OF ASPEN �<APPROVALS . CLERK B RECORDER'S ACCEPTANCE r-EfdFf—m — — �•r{ .nWJ..,..x Pfs�•wY-�{ .alJ I yHo-:.Anef. J.'r P'o�J' r�T m HOTEL JEROME LOT LINE ADJUSTMENT PLAT BLOCK 78 E A S T S L E E K E R S r R E E r ME •• LOT A 47,r85A SO. FTC -PA.RCEL _ F LOT I �� OJG To FCJL NOC`( b(�ti_ ri.l�.-0�JGI WITJ ry4SENE+�T 4J0 G'4 G:tI..IL1 44Q�1f-•�L .„ �.% • .I, s'o•1'II.J IOI.4o ALLEY o BLOCK 79 16d _ ��J jj$JJJ 3 K, •wM I�. /u)c l 1EI ••PARCEL E • g LOT K I I I eEJ LAID- ( I I LOTS i c El' [-M NeJJae�1T' J W JCR I'iL.K Eo ILI o,JJp e.e1. L.a w. e EA T MA /N ADDRESS 330 E •Airy ST BLOCK 80 VICINITY MAP .. RIO r�-.1I SITE �M -} ..,,•u .-•axT � •ETD ,roelff� 1 ❑ � l\I l ( r- / �❑ /I v �4 ] 0 El LJ El El r—a— S I RE E T vnEPAe[D By voenco a eL% in<Iixioci+I`L eL. a Aspen Survey Engineers, Inc. J ao.o e. zAZEsoexA sT. - o ,slz �� Ae Pf x-COL Dx ADD e S121-1. i]E 1:E •I U 16065 OWNER'S 9 MORTGAGEE CERTIFICATE 'or I F tale ' n*caEl.�rcl,nvTx�� t�A��E��vcn rrr or TITLE CERT I'F'ICATE SURVEYOR'S CERTIFICATE TMC ITY OF ASPEN APPROVAjS In OE .no —T CLERK S RECORDER'S ACCEPTANCE uVry ✓lU-IJM �.N � vrJ�n.l-��J raw <-ou-N�J�neJT N 44jE V1� oy® /ACM ✓3oJJnu1T' �1 r/Jv 7a.Y_ GO HOTEL JEROME LOT LINE ADJUSTMENT PLAT B L O C K 78 VICINITY MAP .4 x "o !r IT I' C 7 0 7i E A S T S L E E K E R S T R E E T r -. -., - — e o 3,ow 3��-Yt✓IM1Jai_ D ,. � 9 63•� I» . z� I . D � r 'F -..._ems..-..x. --� � " 1 AILEI LOT A I I I 47rr85•SO. Fj "PARCEL F� _ I LOT I s ❑ r OJL to %Q)L — -Y �j/�41G. p.1��O�JG1 WITJ rygyE+'1fi/T 4rJ0 G4RY_,JGI 4<2+K G �- I I I W �❑ oz n our-Y 4�41e ,.J ALLEY o BLOCK 79 �S� pJ.y'•�•� ^t' �? ,.,� '"r�.r+ —1 ^� ( lit 9 A— B R PACEL E / I 78 LOT K I I Ic J tex II E�lwno- ? t _ I -- LOT S ❑ a-s>•.�s � r � _�,,,, /r /) J •F CI sc�Av�D � i 3 sf I, ' ■ vLJ•__ ❑ ❑ III ❑C ❑ 1�tse LJ' rvir�T UYvta.XL `/ JJ�e eea —T- EA Pg4JG-1.r.1� ST MA/N STRE ET \ ox,mo, A eLoi DxxA— Fu vfLLo' eu es � Aspen Svrvey Engineers, Inc. E 210 5. DALCxA ADDRESS 330 E. MAIM SF l/ // o A)v eoe f)ot ` L fx'LCOIOPxDO Df ATE joe x0. BLOCK 80 ,If IM b065 OWNER'S 8 MORTGAGEE CERTIFICATE u�� IT St[n •N D[. [r A[i^^ � n cLaw.nlDx[[ r ne*1111:i^ec- f�wc TITLE CERTIFICATE A. IV— Ta SURVEYOR•S�CE RTI FICATE �n.,LD I Fa 1CITY O F ASPS NAPPRTOV�A« M a ry D. ucaAT �.msi [eT -Lev CLERK 8 RECORDER'S ACCEPTANCE HOTEL JEROME LOT LINE ADJUSTMENT PLAT BLOCK 78 d LOT A 'o " 9T PP. �•i . ALLEY S 7 .8 LOT K C'�nY .nwJ.ncJ*_ .JwJ xa< eo - VICIN I TY•�MAPAx t Pl.•Pr •n !. SITE }U'jji U EAST S L E E K E R STREET S lS o111L l"11.4O _ sr �� i ik �"P!]h�/ 1. E _ 47,f85a S0. FTI LOT I ❑ � ~\ OIJt To %G.%L .//oG'( qJo vgfKr.14 4gR+1c,L J +' sEl Ll a n nus-Y z x-aT `.J .�,,�.� e ° �� 9 ^ • v o o BLOCK 79 g J �s rL •e l -4 s' i fib, I~ I it r O I9`g C"I B � EE.El J "I� LOTS ❑ scAPED I ❑ - f1.R 1 • 1 1 LI o_ J.••an.<- Q ❑• IA xTe'of ll`.) 15 q n W Im �6, v'-- vv EAST MA/N STRE ET 1 'J � PPE Pan Ee 9 PT t oG •n ,PE e�. Eel i CL [ee T •E EEs. Aspen Survey Engineers, Inc. ADDRESS 330 E IAAIN ST / /CP ��" / 210 0 B c'E9oA r es PE.'c0E0ne0 e1612 xa. BLOCK 80 .roe 9i2f1« bobs - 99p P[iUPyq EO OWNER'S d MORTGAGEE CERTIFICATE P, u" ram: =.rarrpi-tT-SiL�.!nT-C-Mi0:T11 —`sr 1— TITLE CE RTI'F ICATE III -T FEE I—r jA 3. SURVFYOWS�CERTIFICATE CITY OFF ASPENS APPROVALSx „/.s<o prrc711.—rRE I!— I. ACCEPTANCE — 9 i CIT OF ASPEN 130outh galena sreet aspen, Colorado 9'1611 303-925 -2020 MEMORANDUM DATE: December 10, 1990 TO: Kim Johnson, Planner FROM: Jed Caswall, City Attorney RE: Hotel Jerome Lot Line Adjustment Pursuant to your request, attached is a proposed resolution to be adopted by City Council expressing its consent as the adjacent property owner to the Hotel Jerome's application for a lot line adjustment along Mill Street. I will place the matter on Coun- cil's consent agenda for December 17th. I have also prepared a letter for the City Manager to sign illustrating the consent. Please let me know if you have any questions. EMC/mc Attachment cc: Nick McGrath Amy Margerum • r'a • SPEN CIT �Ev"A y 130q6jjth'g.a.le;n.;a street aspLtn- colo,rado 81611 303=0�5 -.2010 MEMORANDUM DATE: December 11, 1990 TO: Mayor and City Council R-)M: Jed Caswall, City Attorney J FF: Hr.)tei. Jerome Lot Line Adjustmen This matter is on your consent agenda for approval regarding the Hotel Jerome's application for a lot line adjustment. Section 7-1003(A)(1)(b) of the Land Use Code requires a person seeking a lot line adjustment to obtain the consent of those landowners whose lot lines are to be adjusted. In that the lot line subject to the Jerome's application is the Mill Street right-of-way, the City must provide consent to the adjustment application. (The adjustment will place the hotel's east wall totally within the hotel property. There is a legitimate ques- tion concerning the accuracy of the existing property line and the adjustment will conform the technical/legal boundary with the physical reality of the situation.) The consent as requested herein does not formally approve the lot line adjustment, just the submission of the Jerome's application therefor. Thank you. EMC/mc cc: Kim Johnson • RESOLUTION NO. (Series of 1990) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN CONSENTING TO A LOT L":NE ADJUSTMENT APPLICATION REGARDING THE PROPERTY LINE D=VIDING THE HOTEL JEROME PROPERTY AND THE MILL STREET RIGHT-OF- WAY. . WHEREAS, an application for a lot line adjustment has been sa-mitt.ed to t:ie City of Aspen Planning Department by the Hotel J��:ome F.ssociates as the property owner of the Hotel Jerome pr_w.)erty seekin.-T an adjustment in the boundary line between such I and the Mill Street right-of-way; and WHEREAS, pursuant to Section 7-1003(A)(1)(b) of Chapter 24 of the Municipal Code of the City of Aspen, a lot line adjustment application must be accompanied by the written consent of the l-:�ndowners whose property line is to be adjusted; and WHEREAS, the City of Aspen is the owner of the Mill Street right-of-way; and WHEREAS, the C:ty of Aspen wishes to give its consent to the a.00ve-described lot line adjustment application so that the same nay be processed through the normal approval process. NOW, THEREFORE:, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT consent is hereby given to the lot line adjustment application submitted by the Hotel Jerome Associates seeking an adjustment in the property line dividing the Hotel Jerome property and the Mill Street right-of-way. I IT IS FURTHER RESOLVED that the City Manager is authorized and directed to notify the Planning Department of the consent to the lot line adjustment application as provided herein. Dated: , 1990. William L. Stirling, Mayor I: Kathryn S. Koch, duly appointed and acting City Clerk do cc?ily that the foregoir-.g is a true and accurate copy of that rF,�oiu.tion adopted by the City Council of the City of Aspen, Cco�aco, at a meeting held 2 , 1990. Kathryn S. Koch, City Clerk CIT 30 December 10, 1990 E'EN �t ney City of Aspen Planning Department kspen, Colorado 81611 Attention: Kim Johnson :te: Proposed Hotel Jerome - City of Aspen Lot Line Adjustment. gear Kim: Pursuant to Section 7-1003(A)(1)(b) of the Aspen Municipal Code, this is to confirm the City of Aspen's consent to of the lot line idjustment application submitted by the Hotel Jerome relevant to the property line dividing the Mill Street right-of-way from the Motel Jerome property. This letter is being submitted by the City as the property owner whose property adjoins that of the Hotel Jerome and in no way is intended to constitute a formal approval of any land use as requested by Hotel Jerome Associates, or a waiver of the City's police or land use powers. THE CITY OF ASPEN By City Manager cc: J. Nicholas McGrath, Esq. fv recycled paper • • Attachment " MEMORANDUM To: Kim Johnson, Planning Office From: Chuck Roth, City Engineer C/� Date: November 28, 1990 Re: Hotel Jerome Lot Line Adjustment Having reviewed the above referenced application, the engineering department has the following comments: The engineering department has discussed this with the city attorney. The engineering department does not have vigorous objections to handling the situation as a lot line adjustment, but the city attorney agreed that the engineering viewpoint should be presented in this review memo. The municipal engineering philosophy would be that property ownerships stem inwards from public rights -of -way. There is a map on file in the engineering department which was adopted by Ordinance No. 6 (Series of 1959) which documents the widths of the rights -of -way (both streets and alleys) in the Original Aspen Townsite and East Aspen Addition. If this situation of encroachment into the right-of-way is handled as a lot line adjustment, then the right-of-way widths will begin to lose their uniformity for streets and alleys. The engineering department would prefer to maintain uniform right-of-way widths and to issue an encroachment permit which grants the encroachment for as long as the building stands. If any of these historical structures are ever reconstructed for whatever reason, the new structure should conform to established city right-of-way widths. cc: Bob Gish, Public Works Director Jed Caswall, City Attorney CR/cr/M90.193 • • I move (1) consent to of -way and approval Adjustment that the City, the lot line (2) that the applications, application. :udd:cachk:wp:notes_90.17 notes_90.17 as guardian of the public right-of-way, adjustment as the "owner" of the right - City Council, as grantor of land use approve the Hotel Jerome Lot Line • • 1 • ' • A b Jul TO: City Attorney City Engineer FROM: Kim Johnson, Planning Office RE: Hotel Jerome Lot Line Adjustment DATE: November 7, 1990 ---------------------------------------------------------------- ---------------------------------------------------------------- Attached for your review and comments is an application from the Hotel Jerome requesting approval of a lot line adjustment. Please return your comments to me no later than November 26, 1990. Thank you. • 11C_ aND J. NICHOLAS MCGRATH, P.C. A Professional Corporation Attorneys At Law J. Nicholas McGrath' Michael C. Ireland Ms. Debbie Skehan Office Manager 130 S. Galena Street Aspen, CO 81611 Dear Debbie: December 4, 1990 Re: Hotel Jerome lot line PUD 600 East Hopkins Avenue Suite 203 Aspen, Colorado 81611 Telephone (303) 925-2612 Telecopier (303) 925-4402 Please find enclosed our certificate of mailing of notices of the December 17 public hearing on the Hotel Jerome's request for a lot line adjustment. Each notice was mailed with the following return address: Aspen/Pitkin Planning Office 130 South Galena Street Aspen, CO 81611 If you have any questions on this matter, please call me. Thank you. m6.2 hjad05.ltr Sincerely, J. NICHOLAS MCGRATH, P.C. By Michael C. Ireland 'Member, Colo. (1971), Calif (1969), and D.C. (1966) bars STATE OF COLORADO ) COUNTY OF PITKIN ) I, MICHAEL C. IRELAND, state as follows: On December 4, 1990, I mailed a copy of the attached notice to each and every person or entity listed as an owner of property on the 300 Ft. Ownership Certificate provided to me by the Aspen Title Corporation. This certificate has been reviewed and no changes in ownership have been reported through December 3, 1990. A copy of the 300 Ft. Ownership Certificate is attached as Exhibit A. Addresses used for the mailing were obtained from Book 1 of the Pitkin County tax records as maintained by the Treasurer pursuant to §24-6-205(E)(3)(c). A list of addresses used for the mailing is attached as Exhibit B. Dated: December 4, 1990 Michael C. Irelan Subscribed and sworn to before me this 5th day of December, 1990, by Michael C. Ireland. Witness my hand and official seal. My Commission expires: 4/3/93 m6.2 hja906.aff J. NICHOLAS MCGRATH. P.C. A Professional Corporation Attorneys At Law J. Nicholas McGrath' Michael C. Ireland November 13, 1990 Ms. Kim Johnson Aspen/Pitkin Planning Office City of Aspen 130 South Galena Street Aspen, CO 81611 Re: HJLP-HJA lot line adjustment Ir1TEWMI sioi 15 600 East Hopkins Avenue Suite 203 Aspen, Colorado 81611 Telephone (303) 925-2612 Telecopier (303) 925-4402 Please put this authorization letter in your file. This has been set for hearing on December 17, 1990. I would appreciate meeting with yo -prior to your office making a recommendation, so I can answer any questions. Thanks. Sincerely, J. NICHOLAS McGRATH, P.C. By l 't J_ J. Nicholas McGrath !J / U a (\ Ci (5 c� uw'C 1 kuc S PTA j14:john1113.1tr ��M /• "' WV S 5a%/"" ' v L*" ilts J J 1 N 1 Ct 'Member, Colo. (Wf], Calif. (1969), and D.C. (1966) bars • C] PUBLIC NOTICE RE: HOTEL JEROME LOT LINE ADJUSTMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, December 17, 1990 at a meeting to begin at 5:00 pm before the Aspen City Council, City Council Chambers, 130 South Galena Street, Aspen, Colorado to consider an application submitted by Nicholas McGrath on behalf of Hotel Jerome Associates, requesting approval of a lot line adjustment between the Hotel Jerome and the City of Aspen to establish the Hotel Jerome boundary line on North Mill Street. The Hotel Jerome is located at 330 East Main Street, Aspen. For further information, contact the Aspen/Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920-5090. s1C. William L. Stirling Mayor, Aspen City Council -------------------------------------------------- -------------------------------------------------- Published in The Aspen Times on November 29, 1990. City of Aspen Account. Order No. A-90022 300 FT. OWNERSHIP CERTIFICATE ASPEN TITLE CORPORATION, a corporation organized and existing under and by v i rture of the laws of the State of Colorado, HEREBY CERTIFIES That it has made a careful and di I igent search of the records in the office of the Clerk and Recorder for Pitkin County, Colorado, and has determined that those persons, firms or entities set forth on the Exhibit "A attached hereto and by this reference incorporated herein and made a part hereof, reflect the apparent owners of lots, tracts, parcels and condominium units lying within 300 feet of the following described real property situate, lying and being in the County of Pitkin, State of Colorado, tc-wit: Lots A, B, C, D, E, F, G, H, I, 0, P, Q, R, S, and the East 20 feet of Lot N, al I in Block 79, CITY AND T34NSITE OF ASPEN, TOGETHER WITH the East 170 feet of the al ley in said Block 79. This Certi f icate has been prepared for the use and benef it of the above named appl icant and the City or Town of Aspen in the County of Pitkin, State of Colorado. THE LIABILITY OF THE COMPANY HEREUNDER IS EXPRESSLY LIMITED TO THE AMOUNT OF THE FEE PAID FOR THIS CERTIFICATE PLUS $25O.00. DATE: ASPEN TITLE CORPORATION, a Colorado corporation (SEAL) By; Exhibit A EX}i IB IT "A" — OWNERS WITHIN 300 FEET 1. Ferenc Berko and Mirte Berko, as tenants P.O. Box 360, Aspen, CO 81611 ADDRESS PER DOCUMENT 2. Joan Enid Light NO ADDRESS PER DOCUMENT 3. Aspen Community Church NO ADDRESS PER DOCUMENT 4. William G. Brumder Florida Land Trust NO ADDRESS PER DOCUMENT 5. William G. Parzybok, Jr. 3609 El Cam in i to, Loveland, CO 80537 ADCRESS PER DOCUMENT 6. Mary Eshbaugh Hayes as trustee under the Mary Eshbaugh Hayes Living Trust P.C. Box 497, Aspen, CO 81611 ADDRESS PER DOCUMENT 7. Ewald H. Crosby 4208 Rickover Drive, Dallas, TX ADCRESS PER DOCUMENT 8. Rosa Gettman 325 So. Forest Street, Denver, CO ADDRESS PER DOCUMENT 9. Charmaine Anderson 25740 Hatton Road, Carmel, CA 93923 ADCRESS PER DOCUMENT 10. Richard Carter and Claudette Carter 202 East Main Street, Aspen, CO 81611 ADCRESS PER DOCUMENT 11. Fred Pearce and Ethel J. McCabe a.k.a. Ethel McCabe NO ADDRESS PER DOCUMENT 13. Hotel Jerome Associates c/o Whitman 8 Ranson 20C Park Avenue, New York, NY ADDRESS PER DOCUMENT 14. Amoco Oil Company 200 East Randolph Drive, Chicago, IL 60601 ADDRESS PER DOCUMENT Exhibit "A" (contintue,. Page 2 • • 15. James Edward Moore and Al barta Lund Moore NO ADDRESS PER DOCUMENT 16. The Forge Partnership P.O. Box 3159, Aspen, CO ADDRESS PER DOCUMENT 17. J. E. Abel s Elwin G. Smith Division 133 Wl I son Street, Los Angel es, CA ADDRESS PER DOCUMENT 18. Philip R. Hodgson and Patricia H. Hodgson NO ADDRESS PER DOCUMENT 19. Aspen Savings and Loan Association NO ADCRESS PER DOCUMENT 20. Nel s Reinhard Elder and Janet C. Elder 202 North Monarch Street, Aspen, CO ADDRESS PER DOCUMENT 21. S & A Equipment Company 2425 South 162nd Street, New Berlin, WI 53151 ADDRESS PER DOCUMENT 22. Karl G. Larson and M. Madeleine Larson 2425 South 162nd Street, New Berlin, WI 53151 ADCRESS PER DOCUMENT 23. SWAP 201 N. Mi I I Street, P06, Aspen, CO ADDRESS PER DOCUMENT 24. J. D. Muller P.O. Box 4361 , Aspen, OD 81 61 1 ADDRESS PER DOCUMENT 25. Joseph E. Edwards, Jr. 201 N. MI I I Street, #109, Aspen, CO ADDRESS PER DOCUMENT 26. SKH S Assoc', ates 201 North MI I I Street, Suite 201, Aspen, CC 81 61 1 ADDRESS PER DOCUMENT 27. Herbert S. Klein and Marsha L. Klein 201 North Mill Street, Aspen, CO 81611 ADDRESS PER DOCUMENT 28. Karl G. Larson and M. Madeleine Larson 201 N. Mi I I Street, #101, Aspen, CO 81 611 ADDRESS PER DOCUMENT Exhibit "A" (continue Page 3 • Carl R. Bergman and Catherine M. Bergman P.O. Box 1365, Aspen, CO ADCRESS PER DOCUMENT 29. 30. Mountain States Comminications, Inc. NO ADDRESS PER DOCUMENT • 31. Niklaus G. Kuhn and Gertrud E. Kuhn P.O. Box 8016, Aspen, CO 81612 ADDRESS PER DOCUMENT 32. CanAm Aspen Developments 135 East Cooper, Aspen, CO 81611 ADDRESS PER DOCUMENT 33. The 'William L. Beaumont and Florence R. Beaumont Family Trust NO ADDRESS PER DOCUMENT 34. William L. Seguin P.O. Box 2067, Aspen, CD ADDRESS PER DOCUMENT 35. LaCocina, Inc. NO ADDRESS PER DOCUMENT 36. The Duane Robert and Margaret Whitfield Johnson Revocable Trust NO ADCRESS PER DOCUMENT 37. The Bank of Aspen 119 South Mi I I Street, Aspen, CO 81 612 ADDRESS PER DOCUMENT 38. Draco, Inc. 210 North Mill Street, Aspen, CO ADDRESS PER DOCUMENT 39. Citj of Aspen, Colorado NO ADDRESS PER DOCUMENT 40. Lewis 1. Schainuck 380.5 Sandune Lane, Corona del Mar, CA 92625 ADDRESS PER DOCUMENT 41. First Aspen Corporation NO ADDRESS PER DOCUMENT 42. Ch i twood Plaza Company do David J. My ler, 106 S. Mi l I Street, Suite 202, Aspen, CO ADDRESS PER DOCUMENT 43. Jesse J. Maddalone and Esther Maddalone Box 506, Aspen, CC) 81611 ADDRESS PER DOCUMENT Exhibit "A" (continued) • Page 4 0 44. Central Bank Grand Junction Trustee of the Maddal one Family Trust 422 White Avenue, P.O. Box 608, Grand Junction, CO 81502 ADDRESS PER DOCUMENT 45. M 8 W Associates 434 East Cooper Street, Aspen, CO ADDRESS PER DOCUMENT 46. Marjorie P. Jenkinson P.O. Box 483, Aspen, CO 81611 ADDRESS PER DOCUMENT • • List of property owners within 300 feet of PUD as shown on current Pitkin county tax rolls. Ferenc Berko and Mirte Berko P.O. Box 360 Aspen, CO 81611 Joan Enid Light 733 13th Street Boulder, CO 80302 Aspen Community Church 200 East Bleeker Aspen, CO 81611 William G. Brumder Florida Land Trust 2054 First Wisconsin Trust Milwaukee, WI 53201 William G. Parzybok, Jr. 606 Skysail Lane Ft. Collins, CO Mary Eshbaugh Hayes as Trustee under the Mary Eshbaugh Hayes Living Trust P.O. Box 497 Aspen, CO 81612 Ewald H. Crosby 325 So. Forest Street Denver, CO 80222 Rosa Gettman 33225 So. Forest Street Denver, CO 80220 Charmaine Anderson Box 222864 Carmel, CA 93922 Exhibit B • • Hotel Jerome PUD - Property owners notice December 4, 1990 Page 2 Richard Carter and Claudette Carter 202 East Main Street Aspen, CO 81611 Fred Pearce and Esther J. McCabe a.k.a. Ethel McCabe Box 531 Aspen, CO 81612 Hotel Jerome Associates c/o Whitman & Ransom 200 Park Avenue New York, NY 10166 Amoco Oil Company Tax Department 600 S. Cherry, Suite 915 Denver, CO 80222 James Edward Moore and Albarta Lund Moore P.O. Box 707 Aspen, CO 81612 The Forge Partnership P.O. Box 3159 Aspen, CO 81612 J.E. Abels Elwin G. Smith Division Box 4707, Aspen CO 81612 Phillip R. Hodgson and Patricia H. Hodgson 212 N. Monarch Aspen, CO 81611 K Hotel Jerome PUD - Property owners notice December 4, 1990 Page 3 Aspen Savings and Loan Association Box 8707 Aspen, CO 81612 Nels Reinhard Elder and Janet C. Elder 202 North Monarch Street Aspen, CO 81611 S & A Equipment Company Suite 101, 201 N. Mill Street Aspen, CO 81611 Karl G. Larson and M. Madeleine Larson Suite 100, 201 N. Mill Street Aspen, CO 81611 SWAP 201 N. Mill Street, #106 Aspen, CO 81611 J.D. Muller P.O. Box 4361 Aspen, CO 81612 Joseph E. Edwards, Jr. 201 N. Mill Street, #109 Aspen, CO 81612 SKHS Associates 201 N. Mill Street, Suite 201 Aspen, CO 81611 3 C7 • Hotel Jerome PUD - Property owners notice December 4, 1990 Page 4 Herbert S. Klein and Marsha L. Klein 201 N. Mill Street #203 Aspen, CO 81611 Carl R. Bergman and Catherine M. Bergman P.O. Box 1365 Aspen, CO 81612 Mountain States Communications, Inc. 310 E. Main Aspen, CO 81611 Niklaus G. Kuhn and Gertrud E. Kuhn P.O. Box 8016 Aspen, CO 81612 CanAm Aspen Developments 135 East Cooper Aspen, CO 81611 The William L. Beaumont and Florence R. Beaumont Family Trust Box 4695 Incline Valley, NV 89450 William L. Seguin P.O. Box 4274 Aspen, CO 81612 LaCocina, Inc. Box 4010 Aspen, CO 81612 M • Hotel Jerome PUD - Property owners notice December 4, 1990 Page 5 The Duane Robert and Margaret Whitfield Johnson Revocable Trust 1116 E. Cinnabar Ave. Phoenix, AZ 85020 The Bank of Aspen 119 South Mill Street Aspen, CO 81611 Draco, Inc. 210 North Mill Street Aspen, CO 816611 City of Aspen, Colorado 130 South Galena Aspen, CO 81611 Lewis I. Schainuck 800 S. Monarch St. Aspen, CO 81611 First Aspen Corporation Box 3318 Aspen, CO 81612 Chitwood Plaza Company c/o David J. Mylerr 106 S. Mill Street Suite 202 Aspen, CO 81611 Jesse J. Maddalone and Esther Maddalone Central Bank of Grand Junction 2265 Tanglewood Rd. Grand Junction, CO 81503 9 • E Hotel Jerome PUD - Property owners notice December 4, 1990 Page 6 Central Bank of Grand Junction Trustee of the Maddalone Family Trust 2265 Tanglewood Rd. Grand Junction, CO 81503 M & W Associates 205 S. Mill, Suite 301A Aspen, CO 81611 Marjorie P. Jenkinson 403 West Hallam Aspen, CO 81611 m6.2 hja906.lst L • e ° T c t • aYY� S L November 6, 1990 Ms. Amy Margerum Aspen/Pitkin Planning Office City of Aspen 130 South Galena Aspen, CO 81611 RE: HOTEL JEROME LOT LINE ADJUSTMENT Dear Ms. Margerum: This letter is in furtherance of a land use application by the Hotel Jerome to adjust the lot line between the Hotel Jerome and the City of Aspen. The Hotel Jerome and its real property is owned by Hotel Jerome Associates, of which T. A. of Aspen, Limited, is the General Partner. Hotel Jerome Associates, as owner, authorizes J. Nicholas McGrath, its Aspen attorney, to proceed on our behalf with the land use application to adjust the lot line between the Hotel Jerome and the City of Aspen. Sincerely, HOTEL JEROME ASSOCIATES by T. A. AT ASPEN, LIMITED, a General Partner By " G Tony amada, President TY/ro TY045 3 3 0 E A S T M A I N STREET • A S P E N, C O L O R A D O 8 1 6 1 1• 3 0 3/ 9 2 0- 1 0 0 0 • • PUBLIC NOTICE RE: HOTEL JEROME LOT LINE ADJUSTMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, December 17, 1990 at a meeting to begin at 5:00 pm before the Aspen City Council, City Council Chambers, 130 South Galena Street, Aspen, Colorado to consider an application submitted by Nicholas McGrath on behalf of Hotel Jerome Associates, requesting approval of a lot line adjustment between the Hotel Jerome and the City of Aspen to establish the Hotel Jerome boundary line on North Mill Street. The Hotel Jerome is located at 330 East Main Street, Aspen. For further information, contact the Aspen/Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920-5090. s/C. William L. Stirling Mayor, Aspen City Council --------------------------------------------------------------- --------------------------------------------------------------- Published in The Aspen Times on November 29, 1990. City of Aspen Account. �'GLCCG't� ��v�/�ic�r C� /I f° A*N/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 920-5090 LAND USE APPLICATION FEES City 00113 -63250-134 GMP/CONCEPTUAL -63270-136 GMP/FINAL -63280-137 SUB/CONCEPTUAL -63300-139 SUB/FINAL -63310-140 ALL 2-STEP APPLICATIONS -63320-141 ALL 1-STEP APPLICATIONS/ T CONSENT AGENDA ITEMS REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00115 -63340-163 ENGINEERING SUBTOTAL County 00113 -63160-126 GMP/GENERAL -63170-127 GMP/DETAILED -63180-128 GMP/FINAL -63190-129 SUB/GENERAL -63200-130 SUB/DETAILED -63210-131 SUB/FINAL -63220-132 ALL 2-STEP APPLICATIONS -63230-133 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS -63450-146 BOARD OF ADJUSTMENT REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00113 -63360-143 ENGINEERING PLANNING OFFICE SALES 00113 -63080-122 CITY/COUNTY CODE -63090-123 COMP. PLAN -63140-124 COPY FEES -69000-145 OTHER SUBTOTAL TOTAL ' 1�(' a Name: r ' v `tQ ` Phone: Z S — ZOO Address: E , Project: 3-tg > Q,1l c �- A Check # /-- V lJ %� Date: Additional billing: #of Hours: