HomeMy WebLinkAboutcoa.lu.ec.950-960 E Durant Ave-Kessler Condo.1983--Kessler Condominiumization
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No. .? --93
CASELOAD SUMMARY SHEET
City of Aspen
1. DATE CERTIFIED COMPLETE: STAFF: dqLa.,
2. APPLICANT:
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3. REPRESENTATIVE:
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4. PROJECT NAME:
5. LOCATION:
6. TYPE OF APPLICATION:
4 Step: GMP
PUD ( )
Subdivision
2 Step: Subdivision Exception ( I )
GMP Exception ( )
Rezoning
SPA
1 Step: Use Determination
Conditional Use
Special Review (. )
HPC
No. of Steps: Other:
7. REFERRALS /Z,1YU;tj,56
Attorney Sanitation District School District
Engineering Dept. Mountain Bell Rocky Mtn. Nat. Gas
Housing Parks State Highway Dept.
Water --7—Holy Cross Electric.: _Fire Chief
V
City Electric Fire Marshal/Building Dept. Other
8. DISPOSITION
P & Z= Approved Denied Date3
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Council Approved_Z Denied Date 3k E
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1. The improvements necessary to meet life, health and
safety codes outlined by the Building Department be com-
pleted prior to the filing of the Final Condominium Plat.
Said plat to be filed within 90 days of final action by
Council. _
2. All plat change requirements and changes on -site outlined
by the Engineering Department be completed prior to
filing of the Final Condominium Plat.
3. The necessary documents be filed with the City Attorney's
office, i.e., a Statement of Subdivision Exception,
Declaration of Covenants and Restrictions, Deed Restrictions for the Employee Units and an Encroachment License for
9. ' the parking area adjacent to Durant Avenue o-vi *1:Q L; 5��,��a�z�
►'�'� l -1 �o n � i r. '4 a l { o r tD
4. Compliance with Sect on 20-2 qui reme ts`, spe'ifi cal ly .01/DPVb Jz l i
(a) that tenants be given written notice when their unit C 4- Gas
is offered for sale and they will have a 90-day non- y ` .=
assignable option to purchase. In addition, each tenant �'.\ `�" ept.
shall have a 90-day exclusive non -assignable right of
first refusal which shall commence when a bona fide offer
is made by a third person, and (b) all units shall be
restricted to six month minimum leases with no more than
10. two shorter tenancies per year.
5. Units 1 and 3 shall be deed restricted to the "moderate"
income category and Units 4 and 8 in the "low" income
category."
11. FINAL PLAT
Council Approved Denied Date
12. ROUTING:
a
Attorney Building Engineering Other
DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS
(/' ( LL FOR THE KESSLER CONDOMINIUMS
SEPP KESSLER (hereinafter "Covenantor"), for himself and
his heirs, personal representatives, successors and assigns, in
consideration for the granting of an exception from the full
subdivision process for the purpose of condominiumization of
the following -described property, hereby covenants with the
City of Aspen, Pitkin County, Colorado, to restrict such
property, and hereby does restrict such property, as follows:
1. Covenator is the owner of the following described
property, together with the improvements located thereon,
situated in the City of Aspen, County of Pitkin, State of
Colorado•
ALL OF LOT K AND THE WEST 22 FEET OF LOT L,
BLOCK 37,
EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF
ASPEN,
TOGETHER WITH THE EASTERLY 57 FEET OF VACATED
CLEVELAND STREET, AS EVIDENCED BY TREASURERS
DEED RECORDED DECEMBER 26, 1956 IN BOOK 178 AT
PAGE 539.---
/
and more commonly known as: ,950-960 East Durant Avenue, Aspen,
Colorado. ; l\a�<_� •�•,, t ,�,.�
2. Dwelling units 1, 3, 4, and 8, which are located on
the above -described property shall be and hereby are, for five
(5) consecutive years from the date of Aspen City Council
approval, restricted to use as employee housing as described in
Section 24-11.4(b)(3) of the Municipal Code of the City of
Aspen. For the above -referred to time period, units 1 and 3
shall be restricted to rental and sale terms and price guide-
lines and to occupancy limitations within "moderate income"
housing eligibility guidelines now established by the City
Council of the City of Aspen or its designee (now being the
Aspen/Pitkin County Housing Authority), or as such guidelines
.,.,ay from time -to -time be amended by the City Council or its
designee. Similarly, units 4 and 8 shall be restricted to
rental and sale terms and price guidelines and to occupancy
limitations within such "low income" housing eligibility
guidelines as are now established or which may from time to
time be amended by the City Council or its designee.
3. Except as otherwise provided herein, the four (4)
above -referred to units shall be rented or sold only to persons
"qualified" for employee housing, as defined in the Aspen
Municipal Code, as amended, and so identified and qualified by
the City Council of the City of Aspen or its designee, pursuant
sb "
•
•
to the City's then -existing qualification process for employee
housing.
4. All dwelling units in the Kessler Condominiums
offered for rental are hereby restricted to six (6) month
minimum leases with no more than two (2) shorter tenancies
calendar year, all as defined in the Aspen Municipal Code,
amended. he Ott �= e,����c S J,, „ :•�., .. �: �� -2-2(e) 4
per
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5. However, if the four (4) above -referred to units are
offered to, but not rented by "qualified" employees within
thirty (30) days after written notice to the City and the City
does not furnish any prospective tenants who rent such vacant
units, the Buyer may rent the same to other "non -qualified"
persons at such rentals then in effect for the condominium;
provided that at the expiration of the minimum rent term
customary for the condominium to such "non -qualified" person
(but in no event longer than one (1) year), the affected unit
or units shall be rented to a "qualified" renter if one is
furnished by City as provided herein.
i 6. In the event that any municipal improvement or
improvements of a kind contemplated in Section 20-16 of the
I! Municipal Code of the City of Aspen, as amended, become, in the
�! sole judgment or discretion of the City Council of the City of
Aspen, necessary or desirable to the area of the Kessler
!I Condominiums, Covenantor will make no objection to any specia,l
assessment or special tax or proceeding therefor on the basis
I! that the property is adequately served by existing improvements
and/or on the basis that the premises will not be served or
benefited b the improvement or improvements proposed.
li Y P P P P
Covenantor further agrees to join, upon the City's demand
therefor, any improvement district formed for construction of
such improvements (including, without limitation, drainage,
Ij underground utilities, paving, planting, curbs, gutters,
II sidewalks, street lights, etc.) in the area of the Kessler
Condominiums or to reimburse the City of Aspen directly upon
demand therefor if the City should choose to construct these
improvements without the formation of such a district.
7. The covenants contained herein shall run with the
land and shall be binding on all parties having any right,
title or interest in the above -described property or any part
thereof, and their heirs, representatives, successors and
assigns, for the period of the life of the longest -lived member
of the presently -constituted Aspen City Council plus twenty-one
(21) years, or for a period of fifty (50) years, whichever
period is less, from the date these covenants are recorded,
except for those covenants contained in paragraphs 2, 3 and 5
above.
-2-
I
8. None of the covenants contained herein shall be
j released or waived in any respect during the period they are
i' binding without the prior consent of the City of Aspen
reflected by resolution of the City Council of the City of
Aspen.
I
9. In any legal proceeding to enforce the provisions of
these covenants, restrictions and conditions, the prevailing
party shall be entitled to recover its costs and fees therein,
�! including its reasonable attorneys fees and expert witness
fees.
IN WITNESS WHEREOF, this declaration has been duly
executed this day of , 1983.
By
Sepp/Kessler
/J+1
STATE OF COLORADO )
SS.
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this
day of , 1983, by Sepp Kessler.
WITNESS my hand and official seal.
My commission expires:
I'
Notary
Address:
-3-
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CIIDZITMENT FOR TITLE INSURANCE
F
L
ISSUED BY
Transamerica Title Insurance Company
OATES, HUGHES & KNEZEVICH
535 E. HOPKINS, 3RD FLOOR
ASPEN, CO. 81611
ATTN: BRAD
Your Reference KESSLER
No. 7302610 C
Sheet 1 of 4
AMOUNT PREMIUM
OWNER $ TBD $ TBD
MORTGAGE $ $
ADDITIONAL CHARGES $
COST OF TAX CERTIFICATE $
_J SURVEY COSTS $
TOTALS $
CC's To:
COMMITMENT TO INSURE
Transamerica Title Insurance Company, a California corporation, herein called the Company, for a
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 mortgagee of 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 stipula-
tions attached.
Customer Contact: T.J. JOHNSON By V INCENT J . HIGENS _
cam_ 7hh AUTHORIZED SIGNATURE
___--Theeffective date of this commitment is AJJGUST 18 , 19 83 at 7 : 00 A. M.
At wh-wh time fee title was vested in: /
/ SEPP H. KESSLER AND JANE KESSLER,
as joint tenants
SCHEDULE A
1. Policies to be issued:
(A) Owners':
TO BE DETERMINED
(B) Mortgagee's:
QC,
0,�
Form No. C-142.1 Rev. {-1-B1
*a
SCHEDULE A —Continued
2. Covering the Land in the State of Colorado, County of PITKIN
Described as:
ALL OF LOT K AND THE WEST 22 FEET OF LOT L,
BLOCK 37,
EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN,
TOGETHER WITH THE EASTERLY 57 FEET OF VACATED CLEVELAND
STREET, AS EVIDENCED BY TREASURERS DEED RECORDED DECEMBER
26, 1956 IN BOOK 178 AT PAGE 539.
Form No. C-142.2
444 9 4P 00
SCHEDULE A —Continued
REQUIREMENTS
3. The following are the requirements to be complied with prior to the issuance of said policy or policies.
Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule
B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of clerk
and recorder of the county in which said property is located.
NONE
Form No. C-142.3
. . f 1 00 ••
SCHEDULE B
THE POLICY OR POLICIES TO BE ISSUED HEREUNDER WILL NOT INSURE AGAINST:
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 heretofore or hereafter furnished, im-
posed by law and not shown by the public records.
5. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer
service, or for any other special taxing district.
6. Except any property lying below the surface ground, as referenced in Deed from
the Corporate Authorities of the City of Aspen, a Municipal Corporation, recorded
in Book 90 at Page 111 and in Book 90 at Page 176.
7. Easement for the use, operation, construction and maintenance of public utilities
to be placed underground and overhead, including but not exclusively, power and
telephone lines, water lines, gas mains, sewer mains, and other utility easements,
as reserved in Vaction Ordinance No. 2 (series of 1958), recorded April 8, 1958
in Book 183 at Page 397.
8. Right of the Proprietor of a vein or lode to extract and remove his ore therefrom
should the same be found to penetrate or intersect the "premises and right of way
for ditches or canals constructed by the authority of the United States all as
reserved in the United States Patents recorded October 21, 1955 in Book 180 at
Page 545 and recorded June 17, 1949 in Book 175 at Page 246.
Transamerica Title Insurance Company
Arapahoe - Douglas
Lorimer
2000 West Littleton Boulevard
151 West Mountain Avenue
Littleton, Colorado 80120
Box 11DO
(303) 795.40DO
Fort Collins, Colorado 80572
(303) 493.6464
Denver - Adams
1800 Lawrence Street
Mesa
Denver, Colorado 80202
531 Rood Avenue
(303) 629-4800
Grand Junction, Colorado 81501
_
(303) 242.8234
Boulder
1317 Spruce St rest
Pitkin
Boulder, Colorado 80302
601 E. HOPKINS
(303) 443.7160
Aspen, Colorado 81611
(303) 925-1766
Eagle
Pueblo
108 South Frontage Road
6eb North Mod treet
Box 1700
Vail, Colorado 81657
Pueblo, Colorado 1003
8100
(303) 629-4956
(303) 543-0451
Routt - Jackson
El Pasts
507 Lincoln Street
418 South Weber Street
Box 773568
Colorado Springs, Colorado 80903
Steamboat Springs, Colorado 80477
(303) 634-3731
(303) 879.1611
Jefferson
Wsld
1675 Carr Street
918 Tenth Street
Lakewood, Colorado 80215
Greeley, Colorado 80631
(303) 231.2800
(303) 352.2283
7777
Transamerica
Title Services
CONDITIONS AND STIPULATIONS
Please read carefully
1. This is a Commitment to issue one or more policies of title insurance in our Standard Form when the
requirements set forth in the Commitment have been satisfied. The policy is available and should be
examined before this Commitment is used if there is any question about coverage.
2. Only the policies shown are committed to. If there are any changes in the transaction, order an
amendment from us.
3. The date on this Commitment is important. Nothing after that date has been considered by us.
4. This Commitment is good for 6 months only. Extensions should be ordered from us if they are
needed.
LAW OFFICES
OATES, HUGHES & KNEZEVICH
PROFESSIONAL CORPORATION
SUITE 200
600 EAST HOPKINS AVENUE
LEONARD M. OATES ASPEN, COLORADO 81611
ROBERT W. HUGHES
RICHARD A. KNEZEVICH
DEBORAH OUINN June 22, 1983
BRADLEY S. ABRAMSON
Mr. Gary S. Esary
Asst. City Attorney
City Hall
130 S. Galena Street
Aspen, CO 81611
Re: Condominiumization of the Kessler Condominiums
Dear Mr. Esary:
AREA CODE 303
TELEPHONE 920-1700
TELECOPIER 920-1121
Please find accompanying this letter the following documents:
1. The original Articles of Incorporation of the Kessler
Condominiums;
2. The original Bylaws of Kessler Condominium Association;
3. The original Condominium Declaration for Kessler
Condominiums; --- - ---
4. The original Encroachment License Agreement;
5. The original Statement of Exception from the Full
Subdivision Process for the Purpose of Condominiumization for the
Kessler Condominiums;
6. The original Declaration of Covenants, Restrictions and 1 Conditions for the Kessler Condominiums; --�
7. Plat Map for the Kessler Condominiums.
With due awareness of your own busy schedule, I would request
that your review of these documents be completed as soon as
possible since we are ourselves under a considerable time con-
straint. In this regard, I would appreciate a telephone call on
Friday, June 24, as to the status of your review.
•0 •!
OATES, HuGHES & KNELEVICH, P. C.
Gary S. Esary
June 22, 1983
Page 2
Thank you in advance for your cooperation in this matter. If you
have any comments or questions, please feel free to give me a
call.
Sincerely,
OATES, HUGHES & KNEZEVICH, P.C.
By
Bradley S Abramson #12133
BSA:jb
Enclosures
ENCROACHMENT LICENSE AGREEMENT
THIS AGREEMENT made and entered into this day of
, 1983, by and between the City of Aspen,
Pitkin County, Colorado, (hereinafter referred to as "Aspen")
and Sepp Kessler, and or Assigns (hereinafter referred to as
"Licensee").
WHEREAS, Licensee is the owner of the following described
property located in the City of Aspen, Pitkin County, Colorado:
The westerly 22 feet of Lot L, all of Lot K in Block
37 East Aspen Townsite and the easterly 57 feet of
Cleveland Street (vacated) lyirq adjacent to said Lot
K, Pitkin County, Colorado
WHEREAS, said property abuts thQ"following described
public right-of-way:
East Durant Avenue
WHEREAS, License desires,/to encroach upon said
right-of-way, said enc achmq,it being more particularly
described as follows and adjacent to the property described
above:
That certain ooncre e pad adjacent to and abutting
the above -described roperty and encroaching to a
certain ex ent upon E t Durant Avenue, all as is
more part'culary shownand illustrated on the Kessler
Condomin ums Map as recorded in the real property
records of the office of the Pitkin County Clerk and
Recorder.
WHEREAS, Licensee desires to encroach upon said
right-of-way for parking and general access purposes.
WHEREAS, Aspen agrees to the grant of a private exclusive
license of encroachment pursuant to Section 19-5, Aspen
Muncipal Code, as amended, subject to certain conditions.
THEREFORE, in consideration of the mutual agreements
hereinafter contained, Aspen and Licensee covenant and agree as
follows:
1. A private exclusive license is hereby granted to
Licensee to occupy, maintain and utilize the above -described
portion of public right-of-way for the sole purposes described
above.
ENCROACHMENT LICENSE AGREEMENT
THIS AGREEMENT made and entered into this day of
1983, by and between the City of Aspen,
Pitkin County, Colorado, (hereinafter referred to as "Aspen")
and Sepp Kessler, and or Assigns (hereinafter referred to as
"Licensee").
WHEREAS, Licensee is the owner of the following described
property located in the City of Aspen, Pitkin County, Colorado:
The westerly 22 feet of Lot L, all of Lot K in Block
37 East Aspen Townsite and the easterly 57 feet of
Cleveland Street (vacated) lying adjacent to said Lot
K, Pitkin County, Colorado
WHEREAS, said property abuts the following described
public right-of-way:
East Durant Avenue
WHEREAS, Licensee desires to encroach upon said
right-of-way, said encroachment being more particularly
described as follows and adjacent to the property described
above:
That certain concrete pad adjacent to and abutting
the above -described property and encroaching to a
certain extent upon East Durant Avenue, all as is
more particulary shown and illustrated on the Kessler
Condominiums Map as recorded in the real property
records of the office of the Pitkin County Clerk and
Recorder J- P/kt--
u
WHEREAS, Licensee desires to encroach upon said
right-of-way for parking and general access purposes.
WHEREAS, Aspen agrees to the grant of a private exclusive
license of encroachment pursuant to Section 19-5, Aspen
Muncipal Code, as amended, subject to certain conditions.
THEREFORE, in consideration of the mutual agreements
hereinafter contained, Aspen and Licensee covenant and agree as
follows:
1. A private exclusive license is hereby granted to
Licensee to occupy, maintain and utilize the above -described
portion of public right-of-way for the sole purposes described
above.
DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS
FOR THE KESSLER CONDOMINIUMS
h.
�i�fSn s SEPP KESSLER (hereinafter "Covenantor") , for and 'S
rt-.s-successors and assigns, in consideration for the granting
of an exception from the full subdivision process for the
purpose of condominiumization of the following -described
property, hereby covenants with the City of Aspen, Pitkin
County, Colorado, to restrict such property, and hereby does
restrict such property, as follows:
1. Covenator is the owner of the following described
property, together with the improvements located thereon,
situated in the City of Aspen, County of Pitkin, State of
Colorado:
The westerly 22 feet of Lot L, all of Trot K in Block 37
East Aspen Townsite and the easterly,57 feet of Cleveland
Street (vacated) lying adjacent to,said Lot K, Pitkin
County, Colorado �v�4s of g kess/�- 6-4v'�'
F °'d F.! PI✓ �, �j� � � r.e�,��e, i e,.; !'a ,.% (.pia/�
and more commonly known as: 950-9 East Durant Avenue, Aspen,
Colorado.
4, and 8, which are located on
2. Dwelling unit<eh
the above -described proshall be and hereby are, for five
(5) consecutive yea s fe date of Aspen City Council
approval, restricted tos employee housing as described in
Section 24-11.4(b)(3) Municipal Code of the City of
Aspen. For the above-d to time period, units 1 and 3
49-
shall be restricted t and sale terms and price
guidelines and to oc upimitations within "moderate
income" housing el' ibiidelines now established by the
;''SCity
Council of t Cits en; or as such quidelines may I�5from time-to-timebe amb the City Council.-- Similarly, '
ems,
units 4 and 8 sh 11 be restricted to rental and sale terms and
price guidelines to occupancy limitations within such "low
income" housing eligibility guidelines as are now established
or which may from time to time be amended by the City Councils
C!r� ..
3. Except as otherwise provided herein, the four (4)
above -referred to units shall be rented or sold only to persons
"qualified" for employee housing, as defined in the Aspen
Municipal Code, as amended, and so identified and qualified by
the City Council of the City of Aspen or its designee; pursuant
to the City's then -existing qualification process for employee
housing. y
,AIS in � �S�k �aol�rr,n�i•-c d�
4. dwe1Ling uni glad-? e�f�
are hereby restricted to six (6) month minimum leases with no
more than two (2) shorter tenancies per calendar year, all as
defined in the Aspen Municipal Code, as amended.
5. However, if the four (4) above -referred to units are
offered to, but not rented by "qualified" employees within
thirty (30) days after written notice to the City and the City
does not furnish any prospective tenants who rent such vacant
units, the Buyer may rent the same to other "non -qualified"
persons at such rentals then in effect for the condominium;
provided that at the expiration of the minimum rent term customary for the condominium to such "non -qualified" person/'bri'^r e
the affected unit or units shall be rented to a "qualified"> �",�.
renter if one is furnished by City as provided herein.
i
6. In the event that any municipal improvement or
improvements of a kind contemplated in Section 20-16 of the
Municipal Code of the City of Aspen, as amended, become, in the
sole judgment or discretion of the City Council of the City of
Aspen, necessary or desirable to the area of the Kessler
Condominiums, Covenantor will make no objection to any special
assessment or special tax or proceeding therefor on the basis
that the property is adequately served by existing improvements
and/or on the basis that the premises will not be served or
benefited by the improvement or improvements proposed.
Covenantor further agrees to join, upon the City's demand
therefor, any improvement district formed for construction of
such improvements (including, without limitation, drainage,
underground utilities, paving, planting, curbs, gutters,
sidewalks, street lights, etc.) in the area of the Kessler
Condominiums or to reimburse the City of Aspen directly upon
demand therefor if the City should choose to construct these
improvements without the formation of such a district.
7. The covenants contained herein shall run with the
land and shall be binding on all parties having any right,
title or_intere_st in the above -described property or any part
thereof, and theirs representatives, successors and assigns, for
the period of the life of the longest -lived member of the
presently -constituted Aspen City Council plus twenty-one (21)
years, or for a period of fifty (50) years, whichever period is
less, from the date these covenants are recorde',I
!o J'Qc n� fr4A,d i- �,, /r�, �a
S.
8. None of the covenants contained herein shall be
released or waived in any respect during the period they are
binding without the prior consent of the City of Aspen reflected
by resolution of the City Council of the City of Aspen.
9. In any legal proceeding
these covenants, restrictions and
party shall be entitled to recover
including its reasonable attorneys
fees.
to enforce the provisions of
conditions, the prevailing
its costs and fees therein,
fees and expert witness
-2-
STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION
PROCESS FOR THE PURPOSE OF CONDOMINIUMIZATION
FOR THE KESSLER CONDOMINIUMS
WHEREAS, SEPP KESSLER (hereinafter "Applicant"), is
the owner of a parcel of real property (and the improvements
thereon) situate in the City of Aspen, Pitkin County, Colorado,
more particularly described as follows:
The westerly 22 feet of Lot L, all of Lot K in Block 37
East Aspen Townsite and the easterly 57 feet of Cleveland
Street (vacated) lying adjacent to said Lot K, Pitkin
County, Colorado
WHEREAS, Applicant has requested an exception from the
full subdivision process for the purpose of condominiumizing
the building on the subject property such building to be known
as The Kessler Condominiums; and
WHEREAS, the Aspen Planning ancY Zoning Commission at its
meeting of March 7, 1983, determin d that such exception would
be appropriate and recommended th t the same be granted,
subject, however, to certain co itions; and
WHEREAS, the City CQunci determined at its meeting of
April 28, 1983 that such xc ption was appropriate and granted
the same, subject, however;.,to certain conditions as follows:
NOW THEREFORE, the City ouncil of Aspen, Colorado, does
determine that the owner /s app 'cation for exception from the
full subdivision proces for the urpose of condominiumization
of the above -described roperty i proper and hereby grants an
exception from the fu J��ubdi_v_i n process for such
condominiumization;
PROVIDED, HOWEVER, that the foregoing exception is ex-
pressly conditioned upon (1) the Applicant's immediate recording
with the Pitkin County Clerk and Recorder of that certain
"Declaration of Covenants, Restrictions and Conditions for The
Kessler Condominiums", dated , 1983, a
copy of which is attached hereto as Exhibit "A", and (2) the
Applicant's strict compliance with the provisions contained
therein and all other binding conditions of approval on this
matter set by the Planning and Zoning Commission and/or the
City Council, for itself, its successors and assigns.
-3-
•
EXCEPTION FROM THE FULL SUBDIVISION
R THE PURPOSE OF CONDOMINIUMIZATION
R. THE KESSLER CONDOMINIUMS
WHEREAS, SEPP KESSLER (hereinafter "Applicant"), is
the owner of a parcel of real property (and the improvements
thereon) situate in the City of Aspen, Pitkin County, Colorado,
more particularly described as follows:
The westerly 22 feet of Lot L, all of Lot K in Block 37
East Aspen Townsite and the easterly 57 feet of Cleveland
Street (vacated) lying adjacent to said Lot K, Pitkin
County, Colorado
WHEREAS, Applicant has requested an exception from the
full subdivision process for the purpose of condominiumizing
the building on the subject property such building to be known
as The Kessler Condominiums; and
WHEREAS, the Aspen Planning and Zoning Commission at its
meeting of March 0, 1983, determined that such exception would
be appropriate and recommended that the same be granted,
subject, however, to certain conditions; and
WHEREAS, the City Council determined at its meeting of
1983 that such exception was appropriate and granted
the same, subject, however, to certain conditions as follows:
14OW THEREFORE, the City Council of Aspen, Colorado, does
determine that the owner's application for exception from the
full subdivision process for the purpose of condominiumization
of the above -described property is proper and hereby grants an
exception from the full subdivision process for such �
condominiumization; s �°`�"''
PROVIDED, HOWEVER, that the foregoing ception is ex-
pressly conditioned upon (1) the Applicant s recording
with the Pitkin County Clerk and Recorder of that certain
"Declaration of Covenants, Restrictions and Conditions for The
Kessler Condominiums", dated 1983, ar-
a.nd ( 2 ) the
Applicant's strict compliance with the provisions contained
therein and all other binding conditions of approval on this
matter set by the Planning and Zoning Commission and/or the
City Council, for itself, its successors and assigns.
-3-
ORDINANCE NO. t
(Series of 1958
AN ORDINANCE VACATING A PORTION OF CLEVELAND STREET IN THE CITY
OF ASPEN, STATE OF COLORADO.
WHEREAS, the City Council of the City of Aspen passed
and approved a resolution ?-larch 17, 1890, providing for the vaca-
tion and abandonment of Cleveland Street from the South line of
Cooper Avenue South to the North line of Durant Street and from
the South line of Durant Street to its intersection with the North
line of Waters Avenue,
WHEREAS, the
the assessment roll of
collected taxes thereon
County Assessor has shown said property upon
the County of Pitkin and has assessed and
from March 17, 1890, to date,
WHEREAS, the said portion of Cleveland Street described
above has not been used as a public street and is not necessary
to the public and that no adjoining property owner would be ad-
versely affected or deprived of ingress or egress to their
property,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN:
SECTION ONE: That all that part of Cleveland Street In
the City of Aspen from its intersection with the South line of
East Cooper Avenue southerly to its intersection with the North
boundary of Durant Avenue and from the South boundary of Durant
Avenue southerly to its irtersection with the North boundary of
Waters Avenue, shall be, and the same i�ereby is vacated as a
public street.
SECTION TWO: That there is expressly reserved from the
above vacation of Cleveland Street an easement for the use, opera-
tion, construction, and maintenance of public utilities to be
placed underground and overhead, including, but not exclusively,
power and telephone lines, water lines, gas mains, sewer mains,
and other utility easements of a like natare, but excluding roads
and surface easements.
Introduced, read and ordered published thisZ-Ll'aof February, 1958.y
ATTEST:
`-- CITY CLERK
MAYOR
Finally adopted and approved thi, ; da f of , R ,^
,1958.
ATTEST:
1i'1 MAYOR
CITY CLERK
0
I, ETHEL M. FROST, City Clerk of the City of Aspen, -
Colorado, do hereby certify that the foregoing Ordinance was
introduced and read at a regular meeting of the City Council
of said City held on the � day of ,'1958, and
by order of the said City Council was publishedras aproposed
ordinance as the law directs and for more than ten (10) days
prior to its passage in the Aspen Times, legal newspaper; and
that on the day of
_
Ordinance was ad and passed by�the City1Counethe said proposed
said meeting of said City Council being a regular meetingiandthe
ordered published in the aforesaid newspaper as the law directs.
WITNESS my hand and official seal of the City of Aspen,
Colorado, this day of �� o-��
1958.
TY CLERK
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Wo.- J -9D
CASELOAD SUMMARY SHEET
City of Aspen
1. DATE CERTIFIED COMPLETE: STAFF:
2. APPLICANT: a Q:1j
—Ta
3. REPRESENTATIVE:
4. PROJECT NAME:
5. LOCATION: 256 —'q6o
6. TYPE OF APPLICATION:
4 Step: GMP ( )
PUD (_ )
.-7
Subdivision
2 Step: Subdivision Exception ( f� ✓ )
GMP Exception ( )
Rezoning
SPA
1 Step: Use Determination
Conditional Use
Special Review
HPC
No. of Steers: Other:
IN
7. REFERRALS Atub 1-4?-�73
Attorney Sanitation District School District
Engineering Dept. Mountain Bell Rocky Mtn. Nat. Gas
Housing Parks State Highway Dept.
Water _
/ Holy Cross Electric _fire Chief
City Electric V Fire Marshal/Building Dept. Other
8. DISPOSITION
P & Z Approved Denied Date _
1.
Council Approved , / Denied Date 74
1. The improvements necessary to meet life, health and --
safety codes outlined by the Building Department be com-
pleted prior to the filing of the Final Condominium Plat.
Said plat to be filed within 90 days of final action by —
Council. —
2. All plat change requirements and changes on -site outlined by the Engineering Department be completed prior to _
filing of the Final Condominium Plat.
3. The necessary documents be filed with the City Attorney's _
office, i.e., a Statement of Subdivision Exception,
Declaration of Covenants and Restrictions, Deed Restrictions for the Employee Units and an Encroachment License for
g, the parkin area adjacent to Durant Avenue,
o►-;-Y��Q,r- il�on�i.•rd�xc-k1•
4. Compliance with Section 20-22 requirements, specificall
q y
(a) that tenants be -given written notice when their unit - u Gas
is offered for sale and they will have a 90-day non- _:e t
assignable option to purchase. In addition, each tenant p
'— shall have a 90-day exclusive non -assignable right of
first refusal which shall commence when a bona fide offer
is made by a third person, and (b) all units shall be
restricted to six month minimum leases with no more than
10. �, two shorter tenancies per year. It
5. Units 1 and 3 shall be deed restricted to the "moderate"
income category and Units 4 and 8 in the "low" income
—" category."
11. FINAL PLAT
Council
12. ROUTING:
Approved
Denied
Date
Attorney Building Engineering Other
•
MEMORANDUM
0
TO
FROM:
Aspen City Council
Colette Penne, Planning Office
RE: Kessler Subdivision Exception - Condominiumization
DATE: March 28, 1983
APPROVED AS TO FORM:
Location: 950-960 East Durant/Lot K and the west 22 feet 4JfL ot L, B ck
37, East Aspen Addition.
Zoning: R-MF.
Applicant's
Request: Subdivision exception for the purpose of condominiumization
of the two buildings on the property which contain a total of
eight apartments.
Referral
Comments: The Attorney's Office requires that deed restrictions be filed
for the employee units, and that a Statement of Subdivision
Exception and Declaration of Covenants and Restrictions be
filed. The Attorney's Office would like it noted as part of
the record that non -conformities exist and an Encroachment
License must be obtained for the parking spaces which are
located in the City right-of-way.
The Building Department noted the following corrections to the
structures as necessary for life, health and safety. A permit
should be obtained and all corrections must be accomplished
before the condominium plat is filed to assure compliance.
The items to be checked and improved where required are:
1. Hand rails, guard rails and stairways should be brought
into compliance as per the 1979 edition of the Uniform
Building Code.
2. Electrical service at Units 1 through 4 is not adequate -
approximately 25 amps/unit.
3. Electrical service in Unit 5 through 8 needs further
verification.
4. Smoke detectors to be installed per Section 1210, 1979
edition U.B.C.
5. Entry from bedroom of Unit 8 to boiler room to be closed
per Section 1309, U.P.C.
The Engineering Department asks for the following clarifications
both on the plat and on the site:
1. Parking - The application states that parking for eight
vehicles exists on -site. It would appear that parking
adjacent to Durant is in the right-of-way and as such
could not be designated for specific units. The plat
should clearly indicate all spaces adjacent to the alley
and assign their status as general or limited common
elements.
0
Memo: Kessler Condominiumization
Page Two
March 28, 1983
2. Trash - The dumpster in the alley adjacent to the site
must be relocated onto the site and its location designated
on the condominium plat.
3. Improvement District - The Durant Avenue right-of-way
adjacent to the site does not currently contain sidewalk
or extensive lighting. The applicant and subsequent
condominium association should be required to join any
future improvement district per the deed restriction
language on file in the City Attorney's office.
4. Plat - Prior to submission for recordation, the plat
should be amended as follows:
a. Note encroachment of northwest carport onto adjacent
property.
b. Indicate adjacent lots.
C. Designate general and limited common elements both
on the site and within the structure. These may
include parking, trash receptacle area, open space,
mechanical rooms, common entrances, storage, etc.
Planning Office
Review: The applicant has supplied rental information on the units and
the attached affidavit to comply with the requirements of
Section 20-22. Four of the units fall within the parameters of
the employee housing guidelines (Units 1, 3, 4 and 8) and the
Kesslers have agreed to deed restrict these units for five years
from the date of Council approval. Units 1 (72¢/sq.ft.) and
3 (68�/sq.ft.) fall within the "moderate" category and Unit 4
(57¢/sq.ft.) and 8 (51¢/sq.ft.) are in the "low" income category.
Eight off-street parking spaces exist and some are in the City
right-of-way on Durant. An Encroachment License should be
obtained for these and the spaces adjacent to the alley should
be shown on the Final Condominium Plat as either general or
limited common elements.
The Kesslers have indicated in the application that there is
no immediate plan to sell units or to terminate any current
tenancies. The condominiumization is desired for estate planning
purposes and flexibility to meet potential economic needs.
The applicants are aware of the requirements of Section 20-22
in terms of noticing tenants of the sale of a unit and the
first right of refusal provision. Also, the restriction of
six-month minimum leases with no more than two shorter tenancies
per year will be initiated.
Planning and Zoning
Commission and
Planning Office
Recommendation:
The Planning and Zoning Commission and the Planning Office
recommend approval of subdivision exception for the purpose of
condominiumization for the eight units at 950-960 East Durant
with the following conditions:
I. The improvements necessary to meet life, health and
safety codes outlined by the Building Department be com-
pleted prior to the filing of the Final Condominium Plat.
Said plat to be filed within 90 days of final action by
Council.
•
�il
Memo: Kessler
Page Three
March 28, 1983
Condominiumization
2. All plat change requirements and changes on -site outlined
by the Engineering Department be completed prior to
filing of the Final Condominium Plat.
3. The necessary documents be filed with the City Attorney's
office, i.e., a Statement of Subdivision Exception,
Declaration of Covenants and Restrictions, Deed Restrictions
for the Employee Units and an Encroachment License for
the parking area adjacent to Durant Avenue.
4. Compliance with Section 20-22 requirements, specifically
(a) that tenants be given written notice when their unit
is offered for sale and they will have a 90-day non -
assignable option to purchase. In addition, each tenant
shall have a 90-day exclusive non -assignable right of
first refusal which shall commence when a bona fide offer
is made by a third person, and (b) all units shall be
restricted to six month minimum leases with no more than
two shorter tenancies per year.
5. Units 1 and 3 shall be deed restricted to the "moderate"
income category and Units 4 and 8 in the "low" income
category.
Council
Action: The appropriate motion is:
"I move to approve subdivision exception for the Kessler
property located at 950-960 East Durant, Aspen with the following
conditions:
1. The improvements necessary to meet life, health and
safety codes outlined by the Building Department be com-
pleted prior to the filing of the Final Condominium Plat.
Said plat to be filed within 90 days of final action by
Council.
2. All plat change requirements and changes on -site outlined
by the Engineering Department be completed prior to
filing of the Final Condominium Plat.
3. The necessary documents be filed with the City Attorney's
office, i.e., a Statement of Subdivision Exception,
Declaration of Covenants and Restrictions, Deed Restrictions
for the Employee Units and an Encroachment License for
the parking area adjacent to Durant Avenue,
4. Compliance with Section 20-22 requirements, specifically
(a) that tenants be given written notice when their unit
is offered for sale and they will have a 90-day non -
assignable option to purchase. In addition, each tenant
shall have a 90-day exclusive non -assignable right of
first refusal which shall commence when a bona fide offer
is made by a third person, and (b) all units shall be
restricted to six month minimum leases with no more than
two shorter tenancies per year.
5. Units 1 and 3 shall be deed restricted to the "moderate"
income category and Units 4 and 8 in the "low" income
category."
•
•
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Colette Penne, Planning Office
RE: Kessler Subdivision Exception - Condominiumization
DATE: March 8, 1983
Location: 950-960 East Durant/Lot K and the west 22 feet of Lot L, Block
37, East Aspen Addition.
Zoning: R-MF.
Applicant's
Request: Subdivision exception for the purpose of condominiumization
of the two buildings on the property which contain a total of
eight apartments.
Referral
Comments: The Attorney's Office requires that deed restrictions be filed
for the employee units, and that a Statement of Subdivision
Exception and Declaration of Covenants and Restrictions be filed.
The Attorney's Office would like it noted as part of the record
that non -conformities exist and an Encroachment License must
be obtained for the parking spaces which are located in the
City right-of-way.
The Building Department noted the following corrections to the
structures as necessary for life, health and safety. A permit
will be issued and all corrections must be accomplished before
the condominium plat is filed to assure compliance.
The items to be checked and improved where required are:
1.
Hand rails, guard
rails and
stairways should be brought
into compliance as
per the
1979 edition of the Uniform
Building Code.
2.
Electrical service
at Units
1 through 4 is not adequate -
approximately 25 amps/unit.
3.
Electrical service
in Unit
5 through 8 needs further
verification.
4.
Smoke detectors to
be installed
per Section 1210, 1979
edition U.B.C.
5.
Entry from bedroom
of Unit
8 to boiler room to be closed
per Section 1309,
U.B.C.
The Engineering Department asks for the following clarifications
both on the plat and on the site:
1. Parking - The application states that parking for eight
vehicles exists on -site. It would appear that parking
adjacent to Durant is in the right-of-way and as such
could not be designated for specific units. The plat
should clearly indicate all spaces adjacent to the alley
and assign their status as general or limited common
elements.
0
Memo: Kessler
March 8, 1983
Page Two
2. Trash - The dumpster in the alley adjacent to the site must
be relocated onto the site and its location designated on
the condominium plat.
3. Improvement District - The Durant Avenue right-of-way
adjacent to the site does not currently contain sidewalk
or extensive lighting. The applicant and subsequent
condominium association should be required to join any
future improvement district per the deed restriction
language on file in the City Attorney's office.
4. Plat - Prior to submission for recordation, the plat should
be amended as follows:
a. Note encroachment of northwest carport onto adjacent
property.
b. Indicate adjacent lots.
C. Designate general and limited common elements both on
the site and within the structure. These may include
parking, trash receptacle area, open space, mechanical
rooms, common entrances, storage, etc.
Planning Office
Review: The applicant has supplied rental information on the units and
the attached affidavit to comply with the requirements of
Section 20-22. Three of the units (#l, 4 and 8) fall within the
parameters of the employee housing guidelines and Mr. Kessler
has agreed to deed restrict these units for five years from the
date of Council approval. The rental information provided for
Unit #3 was for an insufficient period of time and the applicant's
legal counsel is researching back for the required 18 month
period to determine the rents charged. If the result of the
research places Unit 3 within employee price guidelines, it
will also be deed restricted to the "moderate" categoryLand
Units 4 (57C/sq.ft.) and 8 (51G/sq.ft.) would be in the "low"
income category.
Eight off-street parking spaces exist and some are in the City
right-of-way on Durant. An Encroachment License should be
obtained for these and the spaces adjacent to the alley should
be shown on the Final Condominium Plat as either general or
limited common elements.
The Kesslers have indicated in the application that there is no
immediate plan to sell units or to terminate any current tenancies.
The condominiumization is desired for estate planning purposes
and flexibility to meet potential economic needs.
The applicants are aware of the requirements of Section 20-22
in terms of noticing tenants of the sale of a unit and the first
right of refusal provision. Also, the restriction of six-month
minimum leases with no more than two shorter tenancies per year
will be initiated.
Planning Office
Recommendation:
The Planning Office recommends approval of subdivision exception
for the purpose of condominiumization for the eight units at
950-160 East Durant with the following conditions:
Memo: Kessler
March 8, 1983
Page Three
1. The improvements necessary to meet life, health and
safety codes outlined by the Building Department be com-
pleted prior to the filing of the Final Condominium Plat.
2. All plat change requirements and changes on -site outlined by
the Engineering Department be completed prior to filing of
the Final Condominium Plat.
3. The necessary documents be filed with the City Attorney's
office, i.e., a Statement of Subdivision Exception,
Declaration of Covenants and Restrictions, Deed Restrictions
for the Employee Units and an Encroachment License for the
parking area adjacent to Durant Avenue.
4. Compliance with Section 20-22 requirements, specifically
(a) that tenants be given written notice when their unit
is offered for sale and they will have a 90-day non -assignable
option to purchase. In addition, each tenant shall have
a 90-day exclusive non -assignable right of first refusal
which shall commence when a bona fide offer is made by a
third person, and (b) all units shall be restricted to
six month minimum leases with no more than two shorter
tenancies per year.
MEMORANDUM
TO: Aspen City Council
FROM: Colette Penne, Planning Office
RE: Kessler Subdivision Exception - Condominiumization
DATE: March 28, 1983 APPROVED AS TO FORM:
Location: 950-960 East Durant/Lot K and the west 22 feet of Lot L, Block
37, East Aspen Addition.
Zoning: R-MF.
Applicant's
Request: Subdivision exception for the purpose of condominiumization
of the two buildings,on the property which contain a total of
eight apartments.
Referral
Comments: The Attorney's Office requires that deed restrictions be filed
for the employee units, and that a Statement of Subdivision
Exception and Declaration of Covenants and Restrictions be
filed. The Attorney's Office would like it noted as part of
the record that non -conformities exist and an Encroachment
License must be obtained for the parking spaces which are
located in the City right-of-way.
The Building Department noted the following corrections to the
structures as necessary for life, health and safety. A permit
should be obtained and all corrections must be accomplished
before the condominium plat is filed to assure compliance.
The items to be checked and improved where required are:
1. [land rails, guard rails and stairways should be brought
into compliance as per the 1979 edition of the Uniform
Building Code.
2. Electrical service at Units 1 through 4 is not adequate -
approximately 25 amps/unit.
3. Electrical service in Unit 5 through 8 needs further
verification.
4. Smoke detectors to be installed per Section 1210, 1979
edition U.B.C.
5. Entry from bedroom of Unit 8 to boiler room to be closed
per Section 1309, U.P.C.
The Engineering Department asks for the following clarifications
both on the plat and on the site:
1. Parking - The application states that parking for eight
vehicles exists on -site. It would appear that parking
adjacent to Durant is in the right-of-way and as such
could not be designated for specific units. The plat
should clearly indicate all spaces adjacent to the alley
and assign their status as general or limited common
elements.
Memo: Kessler Condominiumization
Page Two
March 28, 1983
2. Trash - The dumpster in the alley adjacent to the site
must be relocated onto the site and its location designated
on the condominium plat.
3. Improvement District - The Durant Avenue right-of-way
adjacent to the site does not currently contain sidewalk
or extensive lighting. The applicant and subsequent
condominium association should be required to join any
future improvement district per the deed restriction
language on file in the City Attorney's office.
4. Plat - Prior to submission for recordation, the plat
should be amended as follows:
a. Note encroachment of northwest carport onto adjacent
property.
b. Indicate adjacent lots.
C. Designate general and limited common elements both
on the site and within the structure. These may
include parking, trash receptacle area, open space,
mechanical rooms, common entrances, storage, etc.
Planning Office
Review: The applicant has supplied rental information on the units and
the attached affidavit to comply with the requirements of
Section 20-22. Four of the units fall within the parameters of
the employee housing guidelines (Units 1, 3, 4 and 8) and the
Kesslers have agreed to deed restrict these units for five years
from the date of Council approval. Units 1 (72Wsq.ft.) and
3 (68�/sq.ft.) fall within the "moderate" category and Unit 4
(57¢/sq.ft.) and 8 (51¢/sq.ft.) are in the "low" income category.
Eight off-street parking spaces exist and some are in the City
right-of-way on Durant. An Encroachment License should be
obtained for these and the spaces adjacent to the alley should
be shown on the Final Condominium Plat as either general or
limited common elements.
The Kesslers have indicated in the application that there is
no immediate plan to sell units or to terminate any current
tenancies. The condominiumization is desired for estate planning
purposes and flexibility to meet potential economic needs.
The applicants are aware of the requirements of Section 20-22
in terms of noticing tenants of the sale of a unit and the
first right of refusal provision. Also, the restriction of
six-month minimum leases with no more than two shorter tenancies
per year will be initiated.
Planning and Zoning
Commission and
Planning Office
Recommendation:
The Planning and Zoning Commission and the Planning Office
recommend approval of subdivision exception for the purpose of
condominiumization for the eight units at 950-960 East Durant
with the following conditions:
1. The improvements necessary to meet life, health and
safety codes outlined by the Building Department be com-
pleted prior to the filing of the Final Condominium Plat.
Said plat to be filed within 90 days of final action by
Council.
•
0 0
Memo: Kessler
Page Three
March 28, 1983
Council
Action:
Condomi n i umi zati on
2. All plat change requirements and changes on -site outlined
by the Engineering Department be completed prior to
filing of the Final Condominium Plat.
3. The necessary documents be filed with the City Attorney's
office, i.e., a Statement of Subdivision Exception,
Declaration of Covenants and Restrictions, Deed Restrictions
for the Employee Units and an Encroachment License for
the parking area adjacent to Durant Avenue.
4. Compliance with Section 20-22 requirements, specifically
(a) that tenants be given written notice when their unit
is offered for sale and they will have a 90-day non -
assignable option to purchase. In addition, each tenant
shall have a 90-day exclusive non -assignable right of
first refusal which shall commence when a bona fide offer
is made by a third person, and (b) all units shall be
restricted to six month minimum leases with no more than
two shorter tenancies per year.
5. Units 1 and 3 shall be deed restricted to the "moderate"
income category and Units 4 and 8 in the "low" income
category.
The appropriate motion is:
"I move to approve subdivision exception for the Kessler
property located at 950-960 East Durant, Aspen with the following
conditions:
1. The improvements necessary to meet life, health and
safety codes outlined by the Building Department be com-
pleted prior to the filing of the Final Condominium Plat.
Said plat to be filed within 90 days of final action by
Council.
2. All plat change requirements and changes on -site outlined
by the Engineering Department be completed prior to
filing of the Final Condominium Plat.
3. The necessary documents be filed with the City Attorney's
office, i.e., a Statement of Subdivision Exception,
Declaration of Covenants and Restrictions, Deed Restrictions
for the Employee Units and an Encroachment License for
the parking area adjacent to Durant Avenue.
4. Compliance with Section 20-22 requirements, specifically
(a) that tenants be given written notice when their unit
is offered for sale and they will have a 90-day non -
assignable option to purchase. In addition, each tenant
shall have a 90-day exclusive non -assignable right of
first refusal which shall commence when a bona fide offer
is made by a third person, and (b) all units shall be
restricted to six month minimum leases with no more than
two shorter tenancies per year.
5. Units 1 and 3 shall be deed restricted to the "moderate"
income category and Units 4 and 8 in the "low" income
category."
0 0 0
MM
AFFIDAVIT
OF
SEPP KESSLER
I, SEPP KESSLER, have owned Lot K and the West 22
feet of Lot L, Block 37 East Aspen Addition to the City and
Townsite of Aspen for approximately 2 ,� years. In regard
to the condominiumization thereof, I hereby state as
follows:
1. I have no immediate plans to sell any of the
units created by the condominiumization and consequently
believe that there will be little, if any, tenant
displacement as a result of the conversion.
2. That no tenants have been required to move
involuntary within the proceeding eighteen months prior to
the application, except in cases of lawful displacement.
3. That except for three units, the property has
not been historically rented for terms in excess of one
month periods at a price within the current quid :�.-:es for
low, moderate and middle income housing as by the
Aspen City Council.
Sepp Keys er W
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
R Subscribed and sworn to before me this D'? `c ,, day
of 1982, by Sepp Kessler.
WITNESS my hand and official seal.
My commission expires:
Notary Public
Address: is b O c
LAW 01110ES
OATEs, H13GI-iES 8. I;,'`EGLvicii
PROFESSIONAL CORPORATION
SUITE 200
600 EAST HOPKINS AVENUE
LEONARD M. OATES ASPEN, COLORADO 81611
ROBERT W. HUGHES
RICHARD A. KNEZEVICH
DEBORAH OUINN January 10, 1983
Aspen/Pitkin Planning Office
City Hall
130 South Galena
Aspen, CO 81611
Planning Commission
City of Aspen
130 South Galena
Aspen, CO 81611
City Council
City of Aspen
130 South Galena
Aspen, CO 81611
AREA CODE 303
TELEPHONE A20-1700
TELECOPIER 920-1121
Re: Proposed Condominiumization of Existing Apartments
Ladies and Gentlemen:
We represent Sepp Kessler who by this application seeks
your approval to condominiumize certain real property currently
owned by him, pursuant to the subdivision exception provisions of
Aspen City Code Section 20-19 and the condominiumization
provisions of Section 20-33.
General Property Information
The subject property is located at 950-96.0 East Durant.
The legal description of the property is as follows:
The Westerly 22 feet of Lot L, all of Lot K in Block 37
East.Aspen Townsite and the easterly 57 feet of
Cleveland Street (vacated) lying adjacent to said Lot
K, Pitkin County, Colorado.
There are currently two buildings on the subject
property. Such buildings contain a total of 8 apartment units.
A proposed condominium map is enclosed for your review.
The following chart sets forth the current status of
such units.
a
OATES, HUGHES & E NEZEVICII, P. C.
January 10, 1983
Page 2.
Unit Number
1
2
3
4
5
6
7
8
Approx.
Approx. Time
Size in
Occupied by
Use
Type
Sq. Ft_
Rental
Current Tenant
Rental
Studio
412
$300
2 yrs
Rental
1 BR
464
$400
7 yrs
Rental
1 BR
•510
$450
4 mos
Rental
1 BR
700
$400
3 yrs
Owner/Family
1 BR
1886
NIA
N/A
Occupied
Owner/Family 2 BR
Occupied/short
term winter rental
Owner/Family Studio
short term
winter rental
Rental 1 BR
1245 N/A
475 N/A
879 $450
N/A
N/A
4 yrs
Eight off-street parking spaces are currently provided
for the units.
The applicant is willing to work and cooperate with the
City Engineering Department and any other City department with
respect to any engineering or other concerns it may have.
Reason For Condominiumization
Mr. Kessler has no present plans to sell any of the
condominiumized units or to terminate any current tenancies.
However, condominiumization is sought as part of an overrall
estate plan for the Kesslers. Both Mr_. and Mrs. Kessler are
retired and the ability to sell individual units will provide
needed flexibility to meet the potential economic needs of the
Kesslers.
OATEs, HucjiEs & KNEIZEN-10H, P. C.
January 10, 1983
Page 3
Compliance with Statutory Requirements
In connection with the proposed condominiumization, Mr.
Kessler will comply with the following:
1. Each tenant will be given written -notice when his or
her unit is offered for sale, which notice shall
specify the proposed sale price. Each tenant shall
have a ninety -day nonassignable option to purchase his
or her unit at this proposed sale price.
2. Each tenant will also be granted a ninety -day exclusive
nonassignable right of first refusal to purchase his or
her unit which shall commence when a bona fide offer is
made by a third person, and accepted by the owner.
However, if such bona fide offer is made while the
ninety -day option is still in effect, the tenant may
purchase the unit for the amount of the initial
proposed sales price or the amount of the bona fide
offer, whichever is less.
3. In addition, if a tenant does not wish to exercise his
or her right of first refusal, such tenant shall. be
provided with at least one hundred eighty (180) days
after final City Council approval or when the unit of
such tenant is sold to a third party, whichever date is
later, in which to relocate.
4. All units shall be restricted to six (6) month minimum
lease* with no more than two (2) shorter tenancies per
year.
5. Since three of the units fall within the 1982 income
rental housing guidelines, Mr. Kessler is willing to
place a deed restriction upon three of the units for a
period of five (5) years wherein the units will not be
rented or sold except in accordance with rental and
sale guidelines as established by the City Council
during such period pursuant to Section
24-11.4 (b) (4) (aa) .
In conclusion, we request that the condominiumization
requested by this application be excepted from the definition of
subdivision, and that such condominiumization be approved by City
Council. Upon receiving a favorable recommendation from the
6..
Un7 Lam, HuGiiEs & KNEZEVICii, R C.
January 10, 1983
Page 4
Planning Commission, the applicant will prepare and submit a
condominium map in recordable final plat form, along with
applicable condominium documents.
Sincerely,
OATES, HUGHES & KNE`LEVICH, P.C.
(:
By r,_�-�� `-�
Ri�a:rd�� Krygzevich
RAK:jb
•
MEMORANDUM
TO: Colette Penne, Planning Office
FROM: Jay Hammond, City Engineering Office
DATE: February 3, 1983
RE: Kesseler Subdivision Exception
------------------------------------------------------------
Having reviewed the above submission, and made a site inspection,
the Engineering Department has the following commments:
There are a number of items relative to this application
requiring clarification both on the plat and on the site,
1. Parking - The application states that parking for eight
vehicles exists on -site. It would appear that parking
adjacent to Durant is in the right-of-way and as such
could not be designated for specific units. The plat
should clearly indicate all spaces adjacent to the alley
and assign their status as general or limited common elements.
2. Trash - The dumpster in the alley adjacent to the site must
be relocated onto the site and its location designated on the
condominium plat.
3. Improvement District - The Durant Avenue right-of-way
adjacent to the site does not currently contain sidewalk
or extensive lighting. The applicant and subsequent
condominium association should be required to join any
future improvement district per the deed restriction
language on file in the City Attorney's office.
4. Plat - Prior to submission .for recordation, the plat should
be amended as follows:
4
a. Note encroachment of northwest carport onto adjacent
property.
b. Indicate adjacent lots.
c. Designate general and limited common elements both on
the site and within the structure. These may include
parking, trash receptacle area, open space, mechanical
rooms,common entrances, storage, etc.
MEMORANDUM
T0: Collette Penne, Planner
FROM: Patsy Newbury
DATE: February 25, 1983 1� ,
RE: Kessler Condominiumization
All of the corrections in the enclosed report are necessary for life safety. A permit
should be issued and all corrections accomplished before the final plat is filed. This
would give this Department assurances of compliance.
The Floor Area Ratio seems to comply if the square footage indicated in the application
is accurate. Open space may not be adquate but these buildings are pre-existing.
cc: John Ostwald
of-f ices:
' jc3 r-ca st Hallam Street
AE.,pens Colorado 01011
FEC
-jil
Yam] �+;-�•,��
mail address:
506 East Main Street
Aspen, Colorado 81611
MEMORANDUM
TO: Patsy Newbury, Acting Building Official
FROM: John Ostwald, Inspector
DATE: February 24, 1983
RE: Fire, Life & Safety Inspection
950-960 E. Durant
Listed below are items that should be attended to at the
Kesler Property whether they are condomiunumized or not:
1) Handrails, guardrails and stairways should be brought into
compliance. 1979 ed U.B.C.
2) Electrical service at units #1 through #4 not adequate -
approximately 25 amps per unit.
3) Electrical service is questionable in units #5 through
#8.
4) Smoke detectors to be installed per Section 1210, 1979 ed U.B.C.
5) Entry from bedroom of unit #8 to boiler room to be closed per
Section 1309, 1982 U.P,C.
Would you please omit the ones that you feel maybe unnecessary and
forward to Collette.
AFFIDAVIT
OF
SEPP KESSLER
I, SEPP KESSLER, have owned Lot K and the West 22
feet of Lot L, Block 37 East Aspen Addition to the City and
Townsite of Aspen for approximately )�- years. In regard
to the condominiumization thereof, I hereby state as
follows:
1. I have no immediate plans to sell any of the
units created by the condominiumization and consequently
believe that there will be little, if any, tenant
displacement as a result of the conversion.
2. That no tenants have been required to move
involuntary within the proceeding eighteen months prior to
the application, except in cases of lawful displacement.
3. That except for three units, the property has
not been historically rented for terms in excess of one
month periods at a price within the current guidelines for
low, moderate and middle income housing as determined by the
Aspen City Council.
Sepp KM s er
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
Subscribed and sworn to before me this'D'J\�,, day
of �J\. , 1982, by Sepp Kessler.
WITNESS my hand and official seal.
My commission expires:
Notary Public
Address: p �, \
�p �\y`
-t,a
LEONARD M. OATES
ROBERT W. HUGHES
RICHARD A. KNEZEVICH
DEBORAH OUINN
• •
LAW OFFICES
OATES, HUGHES R I1.'`EGEVICH
PROFESSIONAL CORPORATION
SUITE 200
600 EAST HOPKINS AVENUE
ASPEN, COLORADO 81511
January 10, 1983
Aspen/Pitkin Planning Office
City Hall
130 South Galena
Aspen, CO 81611
Planning Commission
City of Aspen
130 South Galena
Aspen, CO 81611
City Council
City of Aspen
130 South Galena
Aspen, CO 81611
AREA CODE 303
TELEPHONE 920-1700
TELECOPIER 920-1121
Re: Proposed Condominiumization of Existing Apartments
Ladies and Gentlemen:
We represent Sepp Kessler who by this application seeks
your approval to condominiumize certain real property currently
owned by him, pursuant to the subdivision exception provisions of
Aspen City Code Section 20-19 and the condominiumization
provisions of Section 20-33.
General Propertv Information
The subject property is located at 950-960 East Durant.
The legal description of the property is as follows:
The Westerly 22 feet of Lot L, all of Lot K in Block 37
East Aspen Townsite and the easterly 57 feet of
Cleveland Street (vacated) lying adjacent to said Lot
K, Pitkin County, Colorado.
There are currently two buildings on the subject
property. Such buildings contain a total of 8 apartment units.
A proposed condominium map is enclosed for your review.
The following chart sets forth the current status of
such units.
•
OATES, HUGHES & KNEZEVIGH, P. C.
January 10, 1983
Page 2
Unit Number Use
Approx. Approx. Time
Size in Occupied by
Type Sq. Ft. Rental Current Tenant
1 Rental
Studio
412
$300
2 yrs
2 Rental
1 BR
464
$400
7 yrs
3 Rental
1 BR
510
$450
4 mos
4 Rental
1 BR
700
$400
3 vrs
5 Owner/Family
1 BR
1886
N/A
N/A
Occupied
6 Owner/Family
2 BR
1245
N/A
N/A
Occupied/short
term winter rental
7 Owner/Family
Studio
475
N/A
N/A
short term
winter rental
8 Rental
1 BR
879
$450
4 yrs
Eight off-street parking spaces are currently provided
for the units.
The applicant is willing to work and cooperate with the
City Engineering Department and any other City department with
respect to any engineering or other concerns it may have.
Reason For Condominiumization
Mr. Kessler has no present plans to sell any of the
condominiumized units or to terminate any current tenancies.
However, condominiumization is sought as part of an overrall
estate plan for the Kesslers. Both Mr, and Mrs. Kessler are
retired and the ability to sell individual units will provide
needed flexibility to meet the potential economic needs of the
Kesslers.
OATES, HUGHES & KNELEVICH, P. C.
January 10, 1983
Page 3
Compliance with Statutory Requirements
In connection with the proposed condominiumization, Mr.
Kessler will comply with the following:
1. Each tenant will be given written notice when his or
her unit is offered for sale, which notice shall
specify the proposed sale price. Each tenant shall
have a ninety -day nonassignable option to purchase his
or her unit at this proposed sale price.
2. Each tenant will also be granted a ninety -day exclusive
nonassignable right of first refusal to purchase his or
her unit which shall commence when a bona fide offer is
made by a third person, and accepted by the owner.
However, if such bona fide offer is made while the
ninety -day option is still in effect, the tenant may
purchase the unit for the amount of the initial
proposed sales price or the amount of the bona fide
offer, whichever is less.
3. In addition, if a tenant does not wish to exercise his
or her right of first refusal, such tenant shall be
provided with at least one hundred eighty (180) days
after final City Council approval or when the unit of
such tenant is sold to a third party, whichever date is
later, in which to relocate.
4. All units shall be restricted to six (6) month minimum
leases with no more than two (2) shorter tenancies per
year.
5. Since three of the units fall within the 1982 income
rental housing guidelines, Mr. Kessler is willing to
place a deed restriction upon three of the units for a
period of five (5) years wherein the units will not be
rented or sold except in accordance with rental and
sale guidelines as established by the City Council
during such period pursuant to Section
24-11. 4 (b) (4) (aa) .
In conclusion, we request that the condominiumization
requested by this application be excepted from the definition of
subdivision, and that such condominiumization be approved by City
Council. Upon receiving a favorable recommendation from the
•
OATES,, HUGHES & KNEZEVICH, P. C.
•
January 10, 1983
Page 4
Planning Commission, the applicant will prepare and submit a
condominium map in recordable final plat form, along with
applicable condominium documents.
Sincerely,
OATES, HUGHES & KNEZEVICH, P.C.
By(,
r
Ri.Phrd IK2,evich
RAK:jb
MEMORANDUM
TO: Colette Penne, Planning Office
FROM: Jay Hammond, City Engineering Office
DATE: February 3, 1983
RE: Kesseler Subdivision Exception
------------------------------------------------------------
Having reviewed the above submission, and made a site inspection,
the Engineering Department has the following commments:
There are a number of items relative to this application
requiring clarification both on the plat and on the site.
1. Parking - The application states that parking for eight
vehicles exists on -site. It would appear that parking
adjacent to Durant is in the right-of-way and as such
could not be designated for specific units. The plat
should clearly indicate all spaces adjacent to the alley
and assign their status as general or limited common elements.
2. Trash - The dumpster in the alley adjacent to the site must
be relocated onto the site and its location designated on the
condominium plat.
3. Improvement District - The Durant Avenue right-of-way
adjacent to the site does not currently contain sidewalk
or extensive lighting. The applicant and subsequent
condominium association should be required to join any
future improvement district per the deed restriction
language on file in the City Attorney's office.
4. Plat - Prior to submission for recordation, the plat should
be amended as follows:
a. Note encroachment of northwest carport onto adjacent
property.
b. Indicate adjacent lots.
C. Designate general and limited common elements both on
the site and within the structure. These may include
parking, trash receptacle area, open space, mechanical
rooms,common entrances, storage, etc.
ASPEN*PITKIN &GIONAL BUILT DEPARTMENT
9416WORNE lM1mu
TO: Collette Penne, Planner
FROM: Patsy Newbury
DATE: February 25, 1983 �1d1
RE: Kessler Condominiumization
All of the corrections in the enclosed report are necessary for life safety. A permit
should be issued and all corrections accomplished before the final plat is filed. This
would give this Department assurances of compliance.
The Floor Area Ratio seems to comply if the square footage indicated in the application
is accurate. Open space may not be adquate but these buildings are pre-existing.
cc: John Ostwald
offices:
110 East Hallam Street
Aspen, Colorado 81611 303/925-5S73
u:.. FEB 2
_ 1
rt,v 1'�7 7;: CO,
PL,1NN[IVG OFFICE
mail address:
506 East Main Street
Aspen, Colorado 81611
MEMORANDUM
TO: Patsy Newbury, Acting Building Official
FROM: John Ostwald, Inspector
DATE: February 24, 1983
RE: Fire, Life & Safety Inspection
950-960 E. Durant
Listed below are items that should be attended to at the
Keksler Property whether they are condomiunumized or not:
1) Handrails, guardrails and stairways should be brought into
compliance. 1979 ed U.B.C.
2) Electrical service at units #1 through #4 not adequate -
approximately 25 amps per unit.
3) Electrical service is questionable in units #5 through
#8.
4) Smoke detectors to be installed per Section 1210, 1979 ed U.B.C.
5) Entry from bedroom of unit #8 to boiler room to be closed per
Section 1309, 1982 U.P.C.
Would you please omit the ones that you feel maybe unnecessary and
forward to Collette.
LAW OFFICES
OATEs, HUGHES &- KNEGEVICIi
PROFESSIONAL CORPORATION
SUITE 200
600 EAST HOPKINS AVENUE
LEONARD M. OATES ASPEN, COLORADO 81611
ROBERT W. HUGHES
RICHARD A. KNEZEVICH
DEBORAH OUINN January 10, 1983
Aspen/Pitkin Planning Office
City Hall
130 South Galena
Aspen, CO 81611
Planning Commission
City of Aspen
130 South Galena
Aspen, CO 81611
City Council
City of Aspen
130 South Galena
Aspen, CO 81611
AREA CODE 303
TELEPHONE 920-1700
TELECOPIER 920-1121
Re: Proposed Condominiumization of Existing Apartments
Ladies and Gentlemen:
We represent Sepp Kessler who by this application seeks
your approval to condominiumize certain real property currently
owned by him, pursuant to the subdivision exception provisions of
Aspen City Code Section 20-19 and the condominiumization
provisions of Section 20 �.
General Property Information
The subject property is located at 950-960 East Durant.
The legal description of the property is as follows:
The Westerly 22 feet of Lot L, all of Lot K in Block 37
East Aspen Townsite and the easterly 57 feet of
Cleveland Street (vacated) lying adjacent to said Lot
K, Pitkin County, Colorado.
There are currently two buildings on the subject
property. Such buildings contain a total of 8 apartment units.
A proposed condominium map is enclosed for your review.
The following chart sets forth the current status of
such units.
• •
OATES, HUGHES & KNEZEVICH, P. C.
January 10, 1983
Page 2
Approx.
Approx. Time
Size in
Occupied by
Unit Number
Use
Type
Sq. Ft.
Rental
Current Tenant
/1
Rental
Studio
412
$300
2 yrs q2A
2
Rental
1 BR
464
$400
7 yrs
3
Rental
1 BR
51.0
$450
4 mos
4
Rental
1 BR
700
$400
3 yrs 5 :�
5
Owner/Family
1 BR
1886
N/A
N/A
Occupied
6
Owner/Family
2 BR
1245
N/A
N/A
Occupied/short
term winter rental
7
Owner/Family
Studio
475
N/A
N/A
short term
winter rental
8
Rental
1 BR
879
$450
4 yrs SIB
Eight off-street parking spaces are currently provided
for the units.
The applicant is willing to work and cooperate with the
City Engineering Department and any other City department with
respect to any engineering or other concerns it may have.
Reason For Condominiumization
Mr. Kessler has no present plans to sell any of the
condominiumized units or to terminate any current tenancies.
However, condominiumization is sought as part of an overrall
estate plan for the Kesslers. Both Mr. and Mrs. Kessler are
retired and the ability to sell individual units will provide
needed flexibility to meet the potential economic needs of the
Kesslers.
OATES, HUGHES & KNEZEVICH, P. C.
January 10, 1983
Page 3
Compliance with Statutory Requirements
In connection with the proposed condominiumization, Mr.
Kessler will comply with the following:
1. Each tenant will be given written notice when his or
her unit is offered for sale, which notice shall
specify the proposed sale price. Each tenant shall
have a ninety -day nonassignable option to purchase his
or her unit at this proposed sale price.
2. Each tenant will also be granted a ninety -day exclusive
nonassignable right of first refusal to purchase his or
her unit which shall commence when a bona fide offer is
made by a third person, and accepted by the owner.
However, if such bona fide offer is made while the
ninety -day option is still in effect, the tenant may
purchase the unit for the amount of the initial
proposed sales price or the amount of the bona fide
offer, whichever is less.
3. In addition, if a tenant does not wish to exercise his
or her right of first refusal, such tenant shall be
provided with at least one hundred eighty (180) days
after final City Council approval or when the unit of
such tenant is sold to a third party, whichever date is
later, in which to relocate.
4. All units shall be restricted to six (6) month minimum
leases with no more than two (2) shorter tenancies per
year.
5. Since three of the units fall within the 1982 income
rental housing guidelines, Mr. Kessler is willing to
place a deed restriction upon three of the units for a
period of five (5) years wherein the units will not be
rented or sold except in accordance with rental and
sale guidelines as established by the City Council
during such period pursuant to Section
24-11.4 (b) (4) (aa) .
In conclusion, we request that the condominiumization
requested by this application be excepted from the definition of
subdivision, and that such condominiumization be approved by City
Council. Upon receiving a favorable recommendation from the
•
u
OATES, HUGHES & KNELEVICH, P. C.
January 10, 1983
Page 4
Planning Commission, the applicant will prepare and submit a
condominium map in recordable final plat form, along with
applicable condominium documents.
Sincerely,
OATES, HUGHES & KNEZEVICH, P.C.
, /,/- � - -'. � ,
gy o
R1 rd K evich
RAK:jb
4 � •
MEMORANDUM OF OWNERSHIP
ACCOMMODATION - NO LIABILITY
Please direct correspondence to:
r GATES, HUGHES & KNEZEVICH 601 E. HOPKINSADDRESS
600 E. HOPKINS ASPEN, COLORADO 81611
ASPEN, COLORADO 81611 CITY STATE ZIP CODE
ATTN: RICK K. 7300231
ORDER NUMBER
L " J
Description:
LOT K AND THE WEST 22 FEET OF LOT L,
BLOCK 37,
EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN
Grantee in last instrument apparently transferring ownership:
SEPP KESSLER, WARRANTY DEED RECORDED JULY 12, 1957 IN BOOK 181 PAGE 567.
Trust deeds and mortgages apparently unreleased :
NONE
Liens and judgements (against last grantee) apparently unreleased:
NONE
This information is for your sole use and benefit and is furnished as an accommodation. The information has
been taken from our tract indices, without reference to, or examination of, instruments which purport to
affect the real property. The information is neither guaranteed nor certified, and is not an Abstract of Title,
Opinion of Title, nor a Guaranty of Title, and our liability is limited to the amount of the fees.
Date: SEPTEMBER 22 , 19 82 , at 8:00 A.M.
TransamericaTiff e Insurance Company
Byv"LIA"
•orm No. C-667
jr now
Am
I
$7
67
r
F. v July 12, 1957
It— 04-
Ott'..
Ub-MaJ ..- bu-,d4 &,,j
TALTSk P. PAEPICEL, &/k/a WALTER PAEPCIE,
4—t, nt Cook and State of
SEPr KESSUM,
Pitkin,
TEN Al 00/100 ($10.00)
►.Q a-' y --f :Le ti-t pArt tr. w"d I—S •
*q t1w ....1 $.ny I haw rrw". 44. )-d •ad QlAT I %M:11: t
ad yLIT ( LAIM ..I. tI -kl -,-y f 0-
tl 6 r. all Z,r J
Y -F ah. 1-t Pw a,fi t I. tO. 4-1-4 lots
I) Wir .-i O—ne ft t:,. I .-ty «r Pi tkin,
U)t K and the West 22 feet of Lot L in BlEv.k 37, East Aspen
Addition to the City and Townsite of A-s.w.n.
fit .-1 1--, f
Y his
16-41-1 Y his
at-,
I LLI N01 S
All XJL"3txndL
t. I Cook
June.
VALTPR P. PA►P..KE. a/k/a WALTER P%LPCKE.
!0
V, . u I JVI
C 0
or
aa- Pow
o.a
i
JA i
(5I P/e-;,e.s6 7
Yt'%L .riot. If Y July 1.2, 1957
:•- , In552: FAV_—t E. Cobl!.e-
r,
.t. .I :f• •- +t •.. • � .N +r•. tA.. u.J n.••. Ou.dnd arJ 1
t il�ty-ilVtl4 �ly:)r}�
t..t —
)� YIILT%k P. PAEPCEL, a/k/a !ALTER PAEPQL.
Cook and State of
1 .. Ill►nota
a,::zrz:e�cfeaue .r u.. ..t r•=: •.� StPF KESSLER.
t+r•a•1t t .r P i t k i n.
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it •ALTKk P. PAEPCKL, a/k/a WALTER PAEPC[E,
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a..�:La>=•fie lt•wtec .r u.• ..4 SEPF KESSLER,
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•ALT`,k P. PAEPCEL, a/k/a WALTER PAEPCKE,
u n1, r Cr.•nk and State of
t � J211no+s
SEPP KESSLER,
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0
CITY OF ASPEN
130 south galena street
aspen, colorado 81611
303-925 -2020
MEMORANDUM
DATE: January 27, 1983
TO: Colette Penne
FROM: Paul Taddune
RE: Kessler Condominiumization - Subdivision Exception
The application should be considered in light of the requirements
of Section 20-22. As a matter of procedure from now on, I think
it advisable that applicants submit a verified statement acknow-
ledging and representing compliance with Section 20-22, as well as
a copy of the proposed restrictive covenants pertaining to the
property, so my office can review the necessary documents, as to
form, prior to consideration of the approval. Additionally, this
application might be appropriate for processing through the "quick
step" approach now being recommended by me, Sunny and Alan.
PJT/mc
LAW OF:ICES
OATES, HUGHES & KNEZEVICH
PROFESSIONAL CORPORATION
SUITE 200
600 EAST HOPKINS AVENUE
LEONARD M. OATES ASPEN, COLORADO 81611
ROBERT W. HUGHES
RICHARD A. KNEZEVICH
DEBORAH OUINN January 10, 1983
Aspen/Pitkin Planning Office
City Hall
130 South Galena
Aspen, CO 81611
Planning Commission
City of Aspen
130 South Galena
Aspen, CO 81611
City Council
City of Aspen
130 South Galena
Aspen, CO 81611
AREA CODE 303
TELEPHONE 920-1700
TELECOPIER 920-1121
Re: Proposed Condominiumization of Existing Apartments
Ladies and Gentlemen:
We represent Sepp Kessler who by this application seeks
your approval to condominiumize certain real property currently
owned by him, pursuant to the subdivision exception provisions of
Aspen City Code Section 20-19 and the condominiumization
provisions of Section 20-33.
General Property Information
The subject property is located at 950-960 East Durant.
The legal description of the property is as follows:
The Westerly 22 feet of Lot L, all of Lot K in Block 37
East Aspen Townsite and the easterly 57 feet of
Cleveland Street (vacated) lying adjacent to said Lot
K, Pitkin County, Colorado.
There are currently two buildings on the subject
property. Such buildings contain a total of 8 apartment units.
A proposed condominium map is enclosed for your review.
The following chart sets forth the current status of
such units.
GATE , HUGHES & KNEZEVICH, P. C.
January 10, 1983
Page 2
Unit Number
1
2
3
4
5
Approx.
Approx. Time
Size in
Occupied by
Use
Type
Sq. Ft.
Rental
Current Tenant
Rental
Studio
412
$300
2 yrs
Rental
1 BR
464
$400
7 yrs
Rental
1 BR
510
$450
4 mos
Rental
1 BR
700
$400
3 vrs
Owner/Family
1 BR
1886
N/A
N/A
Occupied
6 Owner/Family 2 BR 1245 N/A N/A
Occupied/short
term winter rental
7 Owner/Family Studio 475 N/A N/A
short term
winter rental
8 Rental 1 BR 879 $450 4 yrs
Eight off-street parking spaces are currently provided
for the units.
The applicant is willing to work and cooperate with the
City Engineering Department and any other City department with
respect to any engineering or other concerns it may have.
Reason For Condominiumization
Mr. Kessler has no present plans to sell any of the
condominiumized units or to terminate any current tenancies.
However, condominiumization is sought as part of an overrall
estate plan for the Kesslers. Both Mr. and Mrs. Kessler are
retired and the ability to sell individual units will provide
needed flexibility to meet the potential economic needs of the
Kesslers.
0_1TEs, HL'GHES & KNFZEt IGH, P. C.
January 10, 1983
Page 3
Compliance with Statutory Requirements
In connection with the proposed condominiumization, Mr.
Kessler will comply with the following:
1. Each tenant will be given written notice when his or
her unit is offered for sale, which notice shall
specify the proposed sale price. Each tenant shall
have a ninety -day nonassignable option to purchase his
or her unit at this proposed sale price.
2. Each tenant will also be granted a ninety -day exclusive
nonassignable right of first refusal to purchase his or
her unit which shall commence when a bona fide offer is
made by a third person, and accepted by the owner.
However, if such bona fide offer is made while the
ninety -day option is still in effect, the tenant may
purchase the unit for the amount of the initial
proposed sales price or the amount of the bona fide
offer, whichever is less.
3. In addition, if a tenant does not wish to exercise his
or her right of first refusal, such tenant shall be
provided with at least one hundred eighty (180) days
after final City Council approval or when the unit of
such tenant is sold to a third party, whichever date is
later, in which to relocate.
4. All units shall be restricted to six (6) month minimum
leases with no more than two (2) shorter tenancies per
year.
5. Since three of the units fall within the 1982 income
rental housing guidelines, Mr. Kessler is willing to
place a deed restriction upon three of the units for a
period of five (5) years wherein the units will not be
rented or sold except in accordance with rental and
sale guidelines as established by the City Council
during such period pursuant to Section
24-11. 4 (b) (4) (aa) .
In conclusion, we request that the condominiumization
requested by this application be excepted from the definition of
subdivision, and that such condominiumization be approved by City
Council. Upon receiving a favorable recommendation from the
0
\/AXE,,-, HuGHES & KNELEVICH, P. G.
January 10, 1983
Page 4
Planning Commission, the applicant will prepare and submit a
condominium map in recordable final plat form, along with
applicable condominium documents.
Sincerely,
OATES, HUGHES & KNEZEVICH, P.C.
(-2�
By
Ri rd K evich
RAK:jb
9 •
MEMORANDUM OF OWNERSHIP
ACCOMMODATION - NO LIABILITY
r �
GATES, HUGHES & KNEZEVICH
600 E. HOPKINS
ASPEN, COLORADO 81611
ATTN: RICK K.
L
Please direct correspondence to:
601 E. HOPKINS
ADDRESS
ASPEN, COLORADO 81611
CITY STATE ZIP CODE
ORDER NUMBER 7300231
Description: '
LOT K AND THE WEST 22 FEET OF LOT L,
BLOCK 37,
EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN
Grantee in last instrument apparently transferring ownership:
SEPP KESSLER, WARRANTY DEED RECORDED JULY 12, 1957 IN BOOK 181 PAGE 567.
Trust deeds and mortgages apparently unreleased :
NONE
Liens and judgements (against last grantee) apparently unreleased:
NONE
This information is for your sole use and benefit and is furnished as an accommodation. The information has
been taken from our tract indices, without reference to, or examination of, instruments which purport to
affect the real property. The information is neither guaranteed nor certified, and is not an Abstract of Title,
Opinion of Title, nor a Guaranty of Title, and our liability is limited to the amount of the fees.
Date: SEPTEMBER 22
, 19 82 , at 8:00 A.M.
TransamericaTi lelnsuranceCompany
By L'
'orm No. C-567
AFFIDAVIT
OF
SEPP KESSLER
I, SEPP KESSLER, have owned Lot K and the West 22
feet of Lot L, Block 37 East Aspen Addition to the City and
Townsite of Aspen for approximately years. In regard
to the condominiumization thereof, I hereby state as
follows:
1. I have no immediate plans to sell any of the
units created by the condominiumization and consequently
believe that there will be little, if any, tenant
displacement as a result of the conversion.
2. That no tenants have been required to move
involuntary within the proceeding eighteen months prior to
the application, except in cases of lawful displacement.
3. That except for three units, the property has
not been historically rented for terms in excess of one
month periods at a price within the current guidelines for
low, moderate and middle income housing as determined by the
Aspen City Council.
Sepp K s er
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
Subscribed and sworn to before me this "D'i�,„ day
of �—, 9 j" , 1982, by Sepp Kessler.
WITNESS my hand and official seal.
My commission expires:
NotaOr Public
Address:
�,a
MEMORANDUM
TO: Ci Attorney
vCi'ty Engineer
Building Department
PLANNER: Colette Penne
RE: Kessler Condominiumization - Subdivision Exception
DATE: January 18, 1983
Attached for your review is an application to condominiumize existing apartments
located at 950-960 East Durant. Please review the materials and proposed
condominium map and return your comments to the Planning Office no later than
February 7, as the item is scheduled to go before the City P&Z on February 22.
* Note to Building Inspector: Please be reminded that your life, health and
safety inspection must take place prior to the P&Z review on the 22nd of
February.
Thank you.
1 • •
MEMORANDUM OF OWNERSHIP
ACCOMMODATION - NO LIABILITY
Please direct correspondence to:
r 1 601 E. HOPKINS
OATES, HUGHES & KNEZEVICH ADDRESS
600 E. HOPKINS ASPEN, COLORADO 81611
ASPEN, COLORADO 81611 CITY STATE ZIP CODE
ATTN: RICK K. 7300231
ORDER NUMBER
L
J
Description
LOT K AND THE WEST 22 FEET OF LOT L,
BLOCK 37,
EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN
Grantee in last instrument apparently transferring ownership:
SEPP KESSLER, WARRANTY DEED RECORDED JULY 12, 1957 IN BOOK 181 PAGE 567.
Trust deeds and mortgages apparently unreleased:
NONE
Liens and judgements (against last grantee) apparently unreleased:
NONE
This information is for your sole use and benefit and is furnished as an accommodation. The information has
been taken from our tract indices, without reference to, or examination of, instruments which purport to
affect the real property. The information is neither guaranteed nor certified, and is not an Abstract of Title,
Opinion of Title, nor a Guaranty of Title, and our liability is limited to the amount of the fees.
Date: SEPTEMBER 22 , 19 82 , at 8:00 A.M. ,
Transamerica He Insurance Company
By,
'orm No. C-667
• •
MEMORANDUM OF OWNERSHIP
ACCOMMODATION - NO LIABILITY
r OATES, HUGHES & KNEZEVICH
600 E. HOPKINS
ASPEN, COLORADO 81611
ATTN: RICK K.
L J 1
Please direct correspondence to:
601 E. HOPKINS
ADDRESS
ASPEN, COLORADO 81611
CITY STATE ZIP CODE
ORDER NUMBER 7300231
Description
LOT K AND THE WEST 22 FEET OF LOT L,
BLOCK 37,
EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN
Grantee in last instrument apparently transferring ownership:
SEPP KESSLER, WARRANTY DEED RECORDED JULY 12, 1957 IN BOOK 181 PAGE 567.
Trust deeds and mortgages apparently unreleased:
NONE
Liens and judgements (against last grantee) apparently unreleased:
NONE
This information is for your sole use and benefit and is furnished as an accommodation. The information has
been taken from our tract indices, without reference to, or examination of, instruments which purport to
affect the real property. The information is neither guaranteed nor certified, and is not an Abstract of Title,
Opinion of Title, nor a Guaranty of Title, and our liability is limited to the amount of the fees.
Date: SEPTEMBER 22
, 19 82 , at 8:00 A.M.
TransamericaTrtle Insurance Company
By L
orm No. C467
AFFIDAVIT
OF
SEPP KESSLER
I, SEPP KESSLER, have owned Lot K and the West 22
feet of Lot L, Block 37 East Aspen Addition to the City and
Townsite of Aspen for approximately _) �- years. In regard
to the condominiumization thereof, I hereby state as
follows:
1. I have no immediate plans to sell any of the
units created by the condominiumization and consequently
believe that there will be little, if any, tenant
displacement as a result of the conversion.
2. That no tenants have been required to move
involuntary within the proceeding eighteen months prior to
the application, except in cases of lawful displacement.
3. That except for three units, the property has
not been historically rented for terms in excess of one
month periods at a price within the current guidelines for
low, moderate and middle income housing as determined by the
Aspen City Council.
J�,� -e, , -, ,, �7 I
Sepp K s er
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
Subscribed and sworn to before me this'al;�,, day
of ��g "(NNV�,\ , 1982, by Sepp Kessler.
WITNESS my hand and official seal.
My commission expires:
NotarV Public
Address: �, p 0 ,�y
BOOK 580 PAGE 779 0
0
m
W
AMENDED DECLARATION OF COVENANTS,W
Ln
RESTRICTIONS, AND CONDITIONS
FOR THE a
KESSLER CONDOMINIUMS
m'
co
4
w
M
01
0W
This Amended Declaration of Covenants, Restrictions,
and Conditions for the Kessler Condominiums is executed this
aC day of A)QU evnk2r 1988, by SEPP H. KESSLER and JANE
KESSLER.
R P.r T TAT,S
A. On December 2, 1983, the Kesslers recorded that
certain Declaration of Covenants, Restrictions, and Conditions
for the Kessler Condominiums in Book 456 at Page 739 of the real
property records of Pitkin County, Colorado.
B. The Kesslers are still the owners of all of the
Kessler Condominiums.
C. Pursuant to the provisions of the above -referenced
Declaration of Covenants, Restrictions, and Conditions for the
Kessler Condominiums, Units 1, 3, 4, and 8 of the Kessler
Condominiums were deed restricted to employee housing use for a
period of five (5) consecutive years from the date of Aspen City
Council approval. The five-year (5) consecutive period has now
ended and the Kesslers now desire to amend the Declaration
Covenants, Restrictions, and Conditions to delete the deed
restrictions.
D. The City of Aspen has reviewed the ownership and
operations on the deed restricted units and is prepared to
consent to the release of such deed restrictions.
AMENDMENTS
THEREFORE, the Declaration of Covenants, Restrictions,
and Conditions for the Kessler Condominiums are hereby amended
as follows:
1. Paragraphs 2, 3, and 5 of the Declaration of
Covenants, Restrictions, and Conditions for the Kessler Condo-
miniums are hereby amended by deleting such paragraphs in their
entirety.
In all other respects, the Declaration of Covenants,
Restrictions, and Conditions for the Kessler Condominiums shall
remain in full force and effect.
BOOR 580 PAGE 80
IN WITNESS WHEREOF, this Amended Declaration of
Covenants, Restrictions, and Conditions for the Kessler Condo-
miniums has been duly executed this day of
1988.
APPROVED AS T FORM:
7
Sepp H. ssler
�212,w
ne Kessle
CITY OF ASPEN
By
rederick W.--4�Xnnett, Staff Attorney
ACKNOWLEDGEMENTS
STPTF,,Ajj� COLORADO )
�i �, ) ss .
PC% blP,,PITKIN )
.;�� mot. ,,.••- _ � "`
Qt;•' ,% r. ?T'he foregoing Amended Declaration of Covenants,
#t�i`i�tions, and Conditions for Kessler Condominiums was
4 ack' i1Kdged before me this aqk day of A)nc_je,,V\ , 1988, by
Se'p�rLIA,• Kessler and Jane Kessler.
,,/"E 0F L Q\; "Witness my hand and official seal.
My commission expires: q /aq `G L
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
Notary Public
Address: 533 �p
6.� 1.
The foregoing Amended
Restrictions, and Conditions for
acknowledged before me this (--,f
Declaration of Covenants,
Kessler Condominiums was
day of 1988, by
-2-
•1 0
•
BOOK 580 PIGE781
(Uilko,-w L. as ov of the City of
Aspen.
Witness my hand and official seal.
My commission expires: A IA 7 /% /
otar Public
.r Addre s
-3-
4e�.e►j To:
nt3 efe zk
o7ihcn, Co. S1611
C;-)
lt)
Lo
0Q
450"
STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION
PROCESS FOR THE PURPOSE OF CONDOMINIUMIZATION
FOR THE KESSLER CONDOMINIUMS
WHEREAS, SEPP H. KESSLER and JANE KESSLER (hereinafter
"Applicant"), are the owners of a parcel of real property (and
the improvements thereon) situate in the City of Aspen, Pitkin
County, Colorado,
more particularly described as follows:
Q: �-)
o W o
� ALL OF LOT K AND THE WEST 22 FEET OF LOT L,
CC BLOCK 37,
EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF
Cr CD ASPEN,
u" TOGETHER WITH THE EASTERLY 57 FEET OF VACATED
;:` CLEVELAND STREET, AS EVIDENCED BY TREASURERS
DEED RECORDED DECEMBER 26, 1956 IN BOOK 178 AT
`` PAGE 539.
WHEREAS, Applicant has requested an exception from the
full subdivision process for the purpose of condominiumizing the
building on the subject property such building to be known as
The Kessler Condominiums; and
WHEREAS, the Aspen Planning and Zoning Commission at its
meeting of March 8, 1983, determined that such exception would
be appropriate and recommended that the same be granted, sub-
ject, however, to certain conditions; and
WHEREAS, the City Council determined at its meeting of
March 28, 1983 that such exception was appropriate and granted
the same, subject, however, to certain conditions as follows:
NOW THEREFORE, the City Council of Aspen, Colorado, does
determine that the owner's application for exception from the
full subdivision process for the purpose of condominiumization
of the above -described property is proper and hereby grants an
exception from the full subdivision process for such condomini-
umization;
PROVIDED, HOWEVER, that the foregoing exception is ex-
pressly conditioned upon (1) the Applicant's recording with the
Pitkin County Clerk and Recorder, contemporaneously herewith, of
that certain "Declaration of Covenants, Restrictions and Condi-
tions for The Kessler Condominiums", dated October 4, ,
1983, and (2) the Applicant's strict compliance with the provi-
sions contained therein and all other binding conditions of
approval on this matter set by the Planning and Zoning Commis-
sion and/or the City Council, for itself, its successors and
assigns.
•
BooP456 PAGE 738
DATED this oV day of
APPROVED AS TO FORM:
Paul J. Taddu e, City Attorney
William Stirling, Mayor
1983.
I, KATHRYN S. KOCH, do hereby certify that the foregoing
Statement of Exception from the Full Subdivision Process for
the Purposes of Condominiumization of The Kessler Condominiums
was considered and approved by the Aspen City Council at its
regular meeting held ffiafci► as , 1983, at which
time the Mayor was authorized to execute the same on behalf of
the City of Aspen.
KATHRYN S. KOCH, City Clerk
MCC
0
•
BA 45U
=J
CV
DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS
FOR THE KESSLER CONDOMINIUMS
SEPP H. KESSLER and JANE KESSLER, as joint tenants
(hereinafter "Covenantor"), for themselves and their heirs,
personal representatives, successors and assigns, in
consideration for the granting of an exception from the full
subdivision process for the purpose of condominiumization of
the following -described property, hereby covenant with the City
of Aspen, Pitkin County, Colorado, to restrict such property,
and hereby do restrict such property, as follows:
1. Covenator is the owner of the following described
property, together with the improvements located thereon,
situated in the City of Aspen, County of Pitkin, State of
Colorado:
0-1 Cr")
ALL OF LOT K AND THE WEST 22 FEET OF LOT L,
' s= BLOCK 37,
L EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF
c o ASPEN,
CV
TOGETHER WITH THE EASTERLY 57 FEET OF VACATED
CLEVELAND STREET, AS EVIDENCED BY TREASURERS
N` �DEED RECORDED DECEMBER 26, 1956 IN BOOK 178 AT
LJ
n- PAGE 539.
The Kessler Condominiums, City of Aspen, Pitkin County,
Colorado, as shown on the Condominium Map therefor recorded in
Plat Book 145 at Page (v7 , and subject to the terms,
conditions and obligations of the Condominium Declaration
therefor recorded in Book 415(p at Page 104C also described as
950-960 East Durant Avenue, Aspen, Colorado.
2. Dwelling units 1, 3, 4, and 8, which are located on
the above -described property shall be and hereby are, for five
(5) consecutive years from the date of Aspen City Council
approval, restricted to use as employee housing as described in
Section 24-11.4(b)(3) of the Municipal Code of the City of
Aspen. For the above -referred to time period, units 1 and 3
shall be restricted to rental and sale terms and price guide-
lines and to occupancy limitations within "moderate income"
housing eligibility guidelines now established by the City
Council of the City of Aspen or its designee (now being the
Aspen/Pitkin County Housing Authority), or as such guidelines
may from time -to -time be amended by the City Council or its
designee. Similarly, units 4 and 8 shall be restricted to
rental and sale terms and price guidelines and to occupancy
limitations within such "low income" housing eligibility
guidelines as are now established or which may from time to
time be amended by the City Council or its designee.
BOOK 456 FxF740
3. Except as otherwise provided herein, the four (4)
above -referred to units shall be rented or sold only to persons
"qualified" for employee housing, as defined in the Aspen
Municipal Code, as amended, and so identified and qualified by
the City Council of the City of Aspen or its designee, pursuant
to the City's then -existing qualification process for employee
housing.
4. All dwelling units in the Kessler Condominiums
offered for rental are hereby restricted to six (6) month
minimum leases with no more than two (2) shorter tenancies per
calendar year, all as defined in the Aspen Municipal Code, as
amended, and all units to be offered for sale are subject to
the requirements of Sections 20-22(a), Aspen Municipal Code, as
amended.
5. However, if the four (4) above -referred to units are
offered to, but not rented by "qualified" employees within
thirty (30) days after written notice to the City and the City
does not furnish any prospective tenants who rent such vacant
units, the Buyer may rent the same to other "non -qualified"
persons at such rentals then in effect for the condominium;
provided that at the expiration of the minimum rent term
customary for the condominium to such "non -qualified" person
(but in no event longer than one (1) year), the affected unit
or units shall be rented to a "qualified" renter if one is
furnished by City as provided herein.
6. In the event that any municipal improvement or
improvements of a kind contemplated in Section 20-16 of the
Municipal Code of the City of Aspen, as amended, become, in the
sole judgment or discretion of the City Council of the City of
Aspen, necessary or desirable to the area of the Kessler
Condominiums, Covenantor will make no objection to any special
assessment or special tax or proceeding therefor on the basis
that the property is adequately served by existing improvements
and/or on the basis that the premises will not be served or
benefited by the improvement or improvements proposed.
Covenantor further agrees to join, upon the City's demand
therefor, any improvement district formed for construction of
such improvements (including, without limitation, drainage,
underground utilities, paving, planting, curbs, gutters,
sidewalks, street lights, etc.) in the area of the Kessler
Condominiums or to reimburse the City of Aspen directly upon
demand therefor if the City should choose to construct these
improvements without the formation of such a district.
7. The covenants contained herein shall run with the
land and shall be binding on all parties having any right,
title or interest in the above -described property or any part
thereof, and their heirs, representatives, successors and
assigns, for the period of the life of the longest -lived member
-2-
Box 456 PiuE 741
of the presently -constituted Aspen City Council plus twenty-one
(21) years, or for a period of fifty (50) years, whichever
period is less, from the date these covenants are recorded,
except for those covenants contained in paragraphs 2, 3 and 5
above.
8. None of the covenants contained herein shall be
released or waived in any respect during the period they are
binding without the prior consent of the City of Aspen
reflected by resolution of the City Council of the City of
Aspen.
9. In any legal proceeding to enforce the provisions of
these covenants, restrictions and conditions, the prevailing
party shall be entitled to recover its costs and fees therein,
including its reasonable attorneys tees and expert witness
fees.
IN WITNESS WHEREOF, this declaration has been duly
executed this day of ��,��� 1983.
Sepp s ler
BY
Ja b Kessler
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this
day of tJ 1983, by Sepp H. Kessler and
Jane Kessler.
WITNESS my hand and official seal. /
My commission expires.��'v`
l.
C_7A�
Notary ---
• .` J\(` Address: /
3 3 /
P6�
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011
" K a3 -C, I
•
BOOKJ�
ENCROACHMENT LICENSE AGREEMENT
THIS AGREEMENT made and entered into this T 4` day of
Ocfe bK , 1983, by and between the City of Aspen,
Pitkin County, Colorado, (hereinafter referred to as "Aspen")
and Sepp H. Kessler and Jane Kessler, and/or Assigns
(hereinafter referred to as "Licensee").
WHEREAS, Licensee is the owner of the following described
property located in the City of Aspen, Pitkin County, Colorado:
ALL OF LOT K AND THE WEST 22 FEET OF LOT L,
BLOCK 37,
n-- EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF
co ASPEN,
N
TOGETHER WITH THE EASTERLY 57 FEET OF VACATED
CLEVELAND STREET, AS EVIDENCED BY TREASURERS
DEED RECORDED DECEMBER 26, 1956 IN BOOK 178 AT
c� PAGE 539.
WHEREAS, said property abuts the following described public
right-of-way:
East Durant Avenue
WHEREAS, Licensee desires to encroach upon said right-of-
way, said encroachment being more particularly described as
follows and adjacent to the property described above:
That certain concrete pad adjacent to and abutting the
above -described property and encroaching to a certain
extent upon East Durant Avenue, all as is more particu
lary shown and illustrated on the Kessler Condominiums
Map as recorded in Plat Book 1�_ at Page (pL in
the real property records of the office of the Pitkin
County Clerk and Recorder.
WHEREAS, Licensee desires to encroach upon said right-of-
way for parking and general access purposes.
WHEREAS, Aspen agrees to the grant of a private exclusive
license of encroachment pursuant to Section 19-5, Aspen Munici-
pal Code, as amended, subject to certain conditions.
THEREFORE, in consideration of the mutual agreements
hereinafter contained, Aspen and Licensee covenant and agree as
follows:
1. A private exclusive license is hereby granted to
Licensee to occupy, maintain and utilize the above -described
portion of public right-of-way for the sole purposes described
above.
Book 456 Pr<<i=743
2. This license is granted for a perpetual term subject
to being terminated at any time and for any reason at the sole
discretion of the City Council of the City of Aspen and/or the
Licensee.
3. Licensee is responsible for the maintenance and
repair of such encroachment, together with improvements con-
structed therein, which Aspen, in the exercise of its
discretion, shall determine to be necessary to keep the same in
a safe and clean condition.
4. Licensee shall at all times during the term hereof,
carry sufficient public liability insurance against personal
injury and property damage naming Aspen as a co-insured and
protecting Aspen against any and all claims as a result of or
arising out of the use and maintenance by Licensee of such
property.
5. Licensee shall and hereby does agree to hold Aspen
whole and harmless against any and all claims for damages,
costs and expenses, including expert witness and reasonable
attorneys' fees, to persons or property that may arise out of,
or be occasioned by the use, occupancy and maintenance of such
property by Licensee, or from any act or omission of any
representative, agent, customer and/or employee of Licensee.
6. This license may be terminated by Licensee at any
time and for any reason on thirty (30) days' written notice of
Licensee's intent to so terminate. This license may be
terminated by Aspen at any time and for any reason by
resolution duly passed by the City Council of the City of
Aspen. Upon termination, Licensee shall, at his expense,
remove any improvements or encroachments from said property and
restore it to a condition satisfactory to Aspen.
7. This license is subject to all state law, the pro-
visions of the Charter of the City of Aspen as it now exists,
or as may hereafter be adopted or amended, and the ordinances
of the City of Aspen now in effect or those which may hereafter
be passed and adopted.
8. The conditions hereof imposed on the granted license
of encroachment shall constitute covenants running with the
land, and binding upon Licensee, his successors and assigns.
9. Licensee immediately after executing this Agreement
shall have responsibility for filing the same of record with
the Pitkin County Clerk and Recorder.
-2-
BOON 456 pmr-744
IN WITNESS WHEREOF, the parties executed this agreement at
Aspen the day and year first written.
THE CITY OF ASPEN, COLORADO
By
William Stirling
Mayor
ATTEST:
.Kathryn S, och
City Cler
Licensee:
Sepp essler
Licensee:
Ja/de Kessler
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing Encroachment License Agreement was
acknowledged before me this day of
1983 by Sepp H. Kessler and Jane Kessler.
f Witness my hand and official seal.
r; My commission a ires:(4- ': 7/ /4�}
T •. y Ln
:f. otary Public
Address: /
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QP K.
2 _ 4cs -
C (e sS tv
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!_�
f
-s 0
K&E 19 1154 "0 MC99-
ALLEY BLOCK 37 EAST ASPEN TOWNSIT E
18.74 FEET WIDE
OWNER CERTIFICATE
BACK OF
B
II 11 II I IFK Al\\I II 75,00 FEET WIDE
SEPP KESSLER AS OWNER OF THE HEREIN DESCRIBED REAL
PROPERTY, HEREBY CERTIFY THAT THIS MAP OF THE KESSLER
CONDOMINIUMS HAS BEEN PREPARED PURSUANT TO THE PURPOSES
STATED IN THE CONDOMINIUM DECLARATION FOR THE KESSLER
CONDOMINIUMS, DATED______________________ 1582, AND RECORDED
IN BOOK__________ AT PAGE_________ OF THE RECORDS OF PITKIN
COUNTY, COLORADO.
By: -----------
SEPP KESSLER
STATE OF COLORAD01 S.S.
COUNTY OF PITKIN j
THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED
BEFORE ME THIS___________________ DAY OF ------------------- 1982.
BY SEPP KESSLER.
WITNESS MY HAND AND OFFICIAL SEAL.
MY COMMISSION EXPIRES_______________
NOTARY PUBLIC
ADDRESS OF NOTARY -----------------------------------------------
n
SWVEYOOR'S CEITIFICATE
AVENUE
I, JAMES F. RESER , HEREBY CERTIFY THAT ON NOVEMBER 3RO., IZ82 A
SURVEY WAS MADE UNDER MY DIRECTION AND SUPERVISION OF THE
WESTERLY 22 FEET OF LOT L , ALL OF LOT K IN BLOCK 37, EAST
ASPEN TOWNSITE AND THE EASTERLY 57 FEET OF CLEVELAND
STREET (VACATED) LYING AWACENT TO SAID LOT K, PITKIN
COUNTY, COLORADO; THAT THE TWO STORY BUILDINGS WERE FOUND
TO BE LOCATED AS SHOWN ON THIS MAP. THE LOCATION AND
DIMENSIONS OF THE BOUNDARY LINES, UTILITIES, BUILDINGS,.
IMPROVEMENTS IN EVIDENCE OR KNOWN TO ME ARE ACCURATELY
SHOWN ON THIS MAP, AND THE MAP ACCURATELY AND SUBSTANTIALLY
DEPICTS THE LOCATION AND THE HORIZONTAL AND VERTICAL
DIMENSIONS OF THE INDIVIDUAL AIR SPACE UNITS OF THE
KESSLEP, CONDOMINIUMS, THEREIN AND THEREON, THE UNIT
DESIGNATIONS THEREOF UNDER THE INSTRUCTIONS PROVIDED ME
BY THE OWNER, THE MEASUREMENTS OF SAID UNITS, AND THE
ELEVATIONS OF THE FLOORS AND CEILINGS.
--.-RESALPINE ISY ---------JAME-S F-R
DECEMBER ------- 1582. L.S. 51151F
CLERK � RECORDER'S
NA MOT
THIS CONDOMINIUM MAP OF KESSLER CONDOMINIUMS WAS
ACCEPTED FOR FILING IN THE OFF)CE OF THE CLERK AND
RECOROER OF THE COUNTY OF PITKIN, STATE OF COLORADO,
------M., THIS ------- _-------- DAY
AND. WAS DULY FILED IN BOOK ------------ AT
RECEPTION NO.___.------------
----------------------------
-
PITKIN CI�UNTY CLERK
AMID RECORDER .
NOT FOUND
O
O
O
3
7
n
a
n
FOUND:
REBAR AND CAP
L.S. 9184
ZZ
CITY OF ASPEN CONDOMINIUM
APPROVAL
THIS CONDOMINIUM MAP OF THE KESSLER CONDOMINIUMS WAS
APPROVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, PITKIN
COUNTY, COLORADO, THIS_ __DAY OF ------------------ 082.
KATHRYN KOCH
CLERK
-----------------------
HERMAN EDEL
MAYOR
CITY ENGINEER9S CONDOMINIUM
APPROVAL
THIS CONDOMINIUM MAP OF THE KESSLER CONDOMINIUMS WAS
APPROVED BY THE CITY ENGINEER OF THE CITY OF ASPEN,
PITKIN COUNTY, COLORADO, THIS ---------- :My OF ---------- 1982
CITY ENGINEER
FIRST FLOOR PLAN
m w
" UNIT 3
1-
x
ci
,gll
I
I
s ml (D
} ml I`
4
i
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,o
PLANNING & ZONING COMMISSION
CONDOMINIUM APPROVAL
THIS CONDOMINIUM MAP OF THE KESSLER CONDOMINIUMS WAS
APPROVED BY THE PLANNING AND ZONING COMMISSION OF THE
CITY OF ASPEN, PITKIN COUNTY, COLORADO,
THIS____ .________DAY OFIS82.
-------- ---------
CHAIRMAN
UNIT f 4
1
127 ip
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N ram. g
I 4�4
I
Mo
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SECOND FLOOR PLAN
NOTICE According to Col —du law you must commence any legal action Aipine Surveys Surveyed NOVEMBE . 3RD. 198z . Revisions
based uin any defect thsurvey within six years after you first discover
suchdefect. In no event may any action based upon any defect in this survey Dratted DECE)i 3RD. 1382.
I'. commenced more than ten years from the date of the certification shown hereon. Post Ottlee B1%0
- - Box 3
Aspen, Colorado 81611
303 925 2688
A"
SUBJECT TO REVISION
KESSLER
CONDOMINIUMS
0 5 10 20 30 40 50
SCALE: I" = 10'
BA515 OF BEARING FOUND MONUMENTS AS SHOWN.
L.C.E. - LIMITED COMMON ELEMENT.
G.C.E. - GENERAL COMMON ELEMENT.
C.H.- CEILING HEIGHT.
7SG3.91
SOUTH ELEVATION
EAST BUILDING
WEST ELEVATION
EAST BUILDING
7965.11
SOUTH ELEV�TIOON
NEST :UILDING
EAST ELEU�TIOO N
WEST :UILDING
TitleKESSLER CONDOMINIUMS
960 01
7855.OI
Job No 82 -143
Client KESSLER
K&E 19 1154 5-80 MC9544
ALLEY BLOCK 37 EAST ASPEN TOWNSIT E
18-74. FEET WIDE
ORION, IBV . .
OWNER' CERTIFICATE
SEPP KESSLER AS OWNER OF THE HEREIN DESCRIBED REAL
PROPERTY, HEREBY CERTIFY THAT THIS MAP OF THE KESSLER
CONDOMINIUMS HAS BEEN PREPARED PURSUANT TO THE PURPOSES
STATED IN THE CONDOMINIUM DECLARATION FOR THE KESSLER
CONDOMINIUMS, DATED_1382, AND RECORDED
IN BOOK ----------AT PAGE. -OF THE RECORDS OF PITKIN
AD
COUNTY, COLORADO.
BY
SEPP KESSLER
STATE OF COLORADO�L S.5.
COUNTY OF PITKIN j
THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED
BEFORE ME THIS___________________ DAY OF ------------------- 1582
BY SEPP KESSLER.
WITNESS MY HAND AND OFFICIAL SEAL.
MY COMMISSION EXPIRES_______________
NOTARY PUBLIC
ADDRESS OF NOTARY----------------------------------------------
BACK
75-00 FEET WIDE
SURmffl S CERTIFICATE
AVENUE
1, JAMES F. RESER, HEREBY CERTIFY THAT ON NOVEMSER 3RO., 1982 A
SURVEY WAS MADE UNDER MY DIRECTION AND SUPERVISION OF THE
WESTERLY 22 FEET OF LOT L, ALL OF LOT K IN BLOCK 37, EAST
ASPEN TOWNSITE AND THE EASTERLY 57 FEET OF CLEVELAND
STREET (VACATED) LYING ADJACENT TO SAID LOT K, PITKIN
COUNTY, COLORADO; THAT THE TWO STORY BUILDINGS WERE FOUND
TO BE LOCATED AS SHOWN ON THIS MAP. THE LOCATION AND
DIMENSIONS OF THE BOUNDARY LINES, UTILITIES, BUILDINGS,
IMPROVEMENTS IN EVIDENCE OR KNOWN TO ME ARE ACCURATELY
SHOWN ON THIS MAP, AND THE MAP ACCURATELY AND SUBSTANTIALLY
DEPICTS THE LOCATION AND THE HORIZONTAL AND VERTICAL
DIMENSIONS OF THE INDIYIDUAL. AIR SPACE UNITS OF THE
KESSLER CONDOMINIUMS, THEREIN AND THEREON, THE UNIT
DESIGNATIONS THEREOF UNDER THE INSTRUCTIONS PROVIDED ME
BY THE OWNER, THE MEASUREMENTS OF SAID UNITS, AND THE
ELEVATIONS OF THE FLOORS -AND CEILINGS.
ALPINE SURVEYS BY JAMES F. RESER
DECEMBER____-, IS82. L.S. 9184-
Ice MEN RK &RECORDER'S
CERTIFICATE
THIS CONDOMINIUM MAP OF 'KESSLER CONDOMINIUMS WAS
ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND
RECORDER. OF THE COUNTY OF PITKIN, STATE OF COLORADO,
AT_____._O'CLOCK------ M., ----- DAY
AND WAS DULY FILED IN BOOK___ AT PAGE ___________.
RECEPTION No. ----------------
-------------------------------
piTKIN CIJUNTY CLERK
AND RECORDER,
40T FOUND
OUND:
,EBAR AND CAP
.S. 9184
CITY OOF ASPEN COONDOMINIUM
AF'�PROOUAL
T1415 CONDOMINIUM MAP OF THE KESSLER CONDOMINIUMS WAS
APPROVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, PITKIN
COUNTY, COLORADO, THIS ------------- DAY OF ------------------ 1982.
KATHRYN KOCH
CLERK
---R ------I---_'----
}iERMAN EDEL
MAYOR
APPROVAL
THIS CONDOMINIUM MAP OF THE KESSLER CONDOMINIUMS WAS
APPROVED BY THE CITY ENGINEER OF THE CITY OF ASPEN,
PITKIN COUNTY, COLORADO, T}II5----------- DAYOF --------- ,1982.
C17Y ENGINEER
FIRST FLOOR PLAN
ZI 9
r
m to
" UNIT 3
r
�g
U
ISO`
MMIS INNNDOMINIUM /APRROOVAL
THIS CONDOMINIUM MAP OF THE KESSLER CONDOMINIUMS WAS
APPROVED BY THE PLANNING AND ZONING COMMISSION OF THE
CITY OF ASPEN, PITKIN COUNTY, COLORADO,
THIS -------------- DAY OF1982.
CHAIRMAN
V
9 g UNIIT 4
R
SECOND FLOOR PLANS
based upon any defect in Ines survey -thin six years aft- er
A p1ne Surveys surveyed NOVEMBER 3RD. f982. Revisions
suIh defect, In no event may any action based upon a ydmcertification
f-z ` rvev Drafted DECEMBEF2 3RD. 19B2. be comenced more than ten years from the date of the e t ficat p hown. hereon. Post Office Box 1730
Aspen. Colorado 81611
303 925 2688
n
SUBJE`TOREVION
79527G
796211f
KESSLER
CONDOMINIUMS
0 5 10 20 30 40 50
SCALE: I" = 10' --
BASIS OF BEARING : FOUND MONUMENTS AS SHOWN.
L.C.E. - LIMITED COMMON ELEMENT.
G.C.E. - GENERAL COMMON ELEMENT.
C,H.- CEILING HEIGHT.
75GB,51
SOUTH ELE V(/"11M
EAST MLDDNIG,
7954 21 DECK
7952.51 12 ND. FLOOR
79 G3. 91
I ST. FLOOR
WEST ELEVAMN
EAST BURMNIG
7e65.11
SOOUTH ELEVATION
NEST :UILDING
EAST ELEVATION
WMA a HTS :UILDING
Title KESSLER CONDOMINIUMS
9GO of
7555.01
Job No 82 -143
Client KESSLER
K&E 19 1154 5-80 MC9341
ALLEY BLOCK 37 EAST ASPEN TOWNSIITE
16-74- FEET V IDE
F
R
BACK OF CURB
]DURANT
RAN II -75-00 FEET WIDE
OWNER' CERTIFICATE
SEPP KESSLER AS OWNER OF THE HEREIN DESCRIBED REAL
PROPERTY, HEREBY CERTIFY THAT THIS MAP OF THE KESSLER
CONDOMINIUMS HAS BEEN PREPARED PURSUANT TO THE PURPOSES
STATED IN THE CONDOMINIUM DECLARATION FOR THE KESSLER
CONDOMINIUM5, DATED_____________________ 1382, AND RECORDED
IN BOOK ---------- AT PAGE ---------- F THE RECORDS OF PITKIN
COUNTY, COLORADO.
BY
SEPP KESSLER
STATE OF COLORADOI 5.5.
COUNTY OF PITKIN
THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED
BEFORE ME THIS___________________ DAY OF ................... 1982
BY SEPP KESSLER.
WITNESS MY HAND AND OFFICIAL SEAL.
MY COMMISSION EXPIRES_______________
------
NOTARY PU6LIC
ADDRESS OF NOTARY_________.----_-_---
6)
SURVEYOR'S CEITIFICATE
I, JAMES F RESER, HEREBY CERTIFY THAT ON NOVEMBER al M82 A
SURVEY WAS MADE UNDER MY DIRECTION AND SUPERVISION OF THE
WESTERLY 22 FEET OF LOT L, ALL OF LOT K IN BLOCK 37, EAST
ASPEN TOWN51TE ANO THE EASTERLY 57 FEET OF CLEVELAND
STREET (VACATED) LYING ADJACENT TO SAID LOT K, PITKIN
COUNTY, COLORADO; THAT THE TWO STORY BUILDINGS WERE FOUND
TO BE LOCATED AS SHOWN ON THI5 MAP. THE LOCATION AND
DIMENSIONS OF THE BOUNDARY LINES, UTILITIES,BUILDINGS,
IMPROVEMENTS IN EVIDENCE OR KNOWN TO ME ARE ACCURATELY
SHOWN ON THI5 MAP, AND THE MAP ACCURATELY AND SUBSTANTIALLY
DEPICTS THE LOCATION AND THE HORIZONTAL AND VERTICAL
DIMENSIONS OF THE INDIVIDUAL AIR SPACE UNITS OF THE
KESSLER CONDOMINIUMS, THEREIN AND THEREON, THE UNIT
DESIGNATIONS THEREOF UNDER THE INSTRUCTIONS PROVIDED ME
BY THE OWNER, THE MEASUREMENTS OF SAID UNITS, AND THE
ELEVATIONS OF THE FLOORS AND CEILINGS.
-------- ------ ------------
ALPINE SURVEYS BY JAME5 F. l
DECEMBER_____- 1582. L.S. 9184.
CLERK & REC•RDER'S
CERTIFICATE
THIS CONDOMINIUM MAP OF KESSLER CONDOMINIUMS WAS
ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND
RECORDER OF THE COUNTY OF PITKIN, STATE OF COLORADO,
THIS --------------- DAY
AND WAS DULY FILED IN BOOK ------------ AT
RECEPTION NO_______________
--------------
PITKIN COUNTY CLERK
AND RECORDER,
,IOT FOUND
MRST FLOOR PLAN
'OUND:
IEBAR AND CAP
..S. 9184
MA*
M
THIS CONDOMINIUM MAP OF THE KESSLER CONDOMINIUMS WAS
APPROVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, PITKIN
COUNTY, COLORADO, THIS ------------- DAY OF ------------------ L982.
----------------------'--- ----------------------
KATHRYN KOCH HERMAN EDEL
CLERK MAYOR
MY ENGNEER S CONDDOMMUM }
APPROVAL
THIS CONDOMINIUM MAP OF THE KESSLER CONDOMINIUMS WAS
APPROVED BY THE CITY ENGINEER OF THE CITY OF ASPEN,
PITKIN COUNTY, COLORADO, TH15-----------
CITY ENGINEER
'PLANNING � ZONING COMMISSI�Ni
CONDOMINIUMWAS Pf'ROOVAL
THIS CONDOMINIUM MAP OF THE KESSLER CONDOMINIUMS WAS
APPROVED BY THE PLANNING AND ZONING COMMISSION OF THE
CITY OF ASPEN, PITKIN COUNTY, COLORADO,
THIS -------------- DAY OF. _ 1582..
----
----------
CHAIRMAN
v9
UNIT 3
CTOO7
SEND FLOOOOf? F= 1
HlPifl@ JUfVe)/S Surveyed NOVEMBE72 3RD. I982. R@VISIOr1S
based upon any tleiect m y any vey wrt el see years after you first drsurvey Drafted DECEMI3ER $RD. 19@2..
such defect. In no event may any action basetl upon any defect in this survey
be commenced more than ten years from the date of the cerhhcabon shown
hereon. Post Office BOX 1730
Aspen, Colorado 81611
303 925 2688
' L � NARY
SUBJECT TO REVISION
KESSLER
CONDOMINIUMS
0 5 10 20 30 40 50
SCALE I" = 10'
BA5I5 OF BEARING: FOUNO MONUMENTS AS SHOWN.
L.C.E. - LIMITED COMMON ELEMENT.
G.C.E. —GENERAL COMMON ELEMENT.
C.H.- CEILING HEIGHT.
SOUTH ELEVAl N
EAST BURIDNIG
WEST ELEVAMN
EAST BURDING
7965-11
SOUTH ELEVATION
NEST :UILDING
EAST ELE� ATION
IT21EST :UILDININN
Title KESSLER CONDOMINIUMS
7969.91
960 01
7355-01
Job No 82 -143
Client KESSLER
K&E 19 1134 9-M MC994-
ALLEY
F
R
OWNER &11 EMERTIFICATE
BLOCK 37 EAST ASPEN TOWNSITE
18,74- FEET WIDE
O
BACK OF CURB
DURANT NT 75-00 FEET WIDE AVENUE
SEPP KESSLER AS OWNER OF THE HEREIN DESCRIBED REAL
PROPERTY, HEREBY CERTIFY THAT THIS MAP OF THE KESSLER
CONDOMINIUMS HAS BEEN PREPARED PURSUANT TO THE PURPOSES
STATED IN THE CONDOMINIUM DECLARATION FOR THE KESSLER
CONDOMINIUMS, DATED_ ---------------------- 1383, AND RECORDED
IN BOOK ------ ---- AT PAGE ---------- OF THE RECORDS OF PITKIN
COUNTY, COLORADO.
BY:
SEPP KESSLER
STATE OF COLORADO�I s.s.
COUNTY OF PITKIN j
THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED
BEFORE ME THIS ------------------ DAY OF ................... 1583,
BY SEPP KESSLER..
WITNESS MY HAND AND OFFICIAL SEAL.
MY COMMISSION EXPIRES ---------------
- ---------------
NOTARY PUBLIC
ADDRESS OF NOTARY -
Smmmm ORS CERTIFICATE
I, JAMES F. RESER, HEREBY CERTIFY THAT ON NOVEMBER 3RD., 1g82 A
SURVEY WAS MADE UNDER MY DIRECTION AND SUPERVISION OF THE
WESTERLY 22 FEET OF LOST L, ALL OF LOT K IN BLOCK 37, EAST
ASPEN TOWNSITE ANO THE EASTERLY 57 FEET OF CLEVELAND
STREET (VACATED) LYING ADJACENT TO SAID LOT K, PITKIN
COUNTY, COLORADO; THAT THE TWO STORY BUILDINGS WERE FOUND
TO BE LOCATED AS SHOWN ON THIS MAP. THE LOCATION AND
DIMENSIONS OF THE BOUNDARY LINES, UTILITIES, BUILDINGS,
IMPROVEMENTS IN EVIDENCE OR KNOWN TO ME ARE ACCURATELY
SHOWN ON THIS MAP, AND THE MAP ACCURATELY AND SUBSTANTIALLY
DEPICTS THE LOCATION AND THE HORIZONTAL AND VERTICAL
DIMENSIONS OF THE INDIVIDUAL AIRSPACE UNITS OF THE
KESSLER CONDOMINIUMS, THEREIN AND THEREON, THE UNIT
DESIGNATIONS THEREOF UNDER THE INSTRUCTIONS PROVIDED ME
BY THE OWNER, THE MEASUREMENTS OF SAID UNITS, AND THE
ELEVATIONS OF THE FLOORS AND CEILINGS.
ALPINE SURVEYS BY JAMES F. RESER
DECEMBER-__-__, 1583. L.S. 51611-
CLERK &RECORDER'S
CERTIFICATE
THIS CONDOMINIUM MAP OF KESSLER CONDOMINIUMS WAS
ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND
RECORDER OF THE COUNTY OF PITKIN, STATE OF COLORADO,
AT___--.-0'CLOCK...... M., THIS ---------- -____D.AY
AND WAS DULY FILED IN BOOK ---------- _AT PAGE______.-,_..
RECEPTION NO.___._________-_,
-----------------------------
PITKIN COUNTY CLERK
ANQ RECORDER
NOT FOUND
fn
FOUND:
REBAR AND CAP
L.S. 9184
ZZ
CITY OF ASPEN CCONDOMINIUMAPPROVAL
THIS CONDOMINIUM MAP OF THE KESSLER CONOOMINIUMS WAS
APPROVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, PITKIN
COUNTY, COLORADO, THIS --- ---------- DAY OF ------------------- t383.
--------------------
KATHRYN KOCH
CLERK
-----------------------
MAYOR
CITY ENGN[ ER"S CONDOMINIUM
APPROVAL
THIS CONDOMINIUM MAP OF THE KESSLER CONDOMINIUMS WAS
APPROVED BY THE CITY ENGINEEP OF THE CITY OF ASPEN,
PITKIN COUNTY, COLORADO, THIS ........... DAY OF ..........
1983.
------------------------
CITY ENGINEER
PLANNING & ZONING COMMMSIOoN
CONDOMINIUM APPROVAL
THIS CONOOMINIUM MAP OF THE KESSLER CONDOMINIUMS WAS
APPROVED BY THE PLANNING AND ZONING COMMISSION OF THE
CITY OF ASPEN, PITKIN COUNTY, COLORADO,
THIS -------------- DAY OF _ 1563.
CHAIRMAN
UNIT 2
C.H. 7.3
6 35
UTILITY
r O C.H.7-3
G C.E.
15-65 6 0
h
C.H. B-8
IB'B
C.H. G 8 y
5'6
6-0 O 5.7
62
UNIT I
C.H. 7.25
FIRST F1 611121AN
719
UNIT 3
UNIIT 4
1
127 '0
r r7
1+1 N
N 5-g
1 4-4
I
14!0
�I=
-Iu
SECOND FLOOR PLAN
based upon any defect in this survey within six years after you lust discover
Apne Surveys Surveyed NOVEMBER 3RD Set. Revisions G.C.E.'S t L.C£'S ADDED G-2-1,83.
such defect. In no event may any action based upon any defect in this survey Drafted DEGEMBER 3RD. IS82.
be commenced more than ten years from the date of the certification shown hereon. Post Office Box 1730
Aspen, Colorado 81611
303 925 2688
KESSLER
CONDOMINIUMS
0 5 10 20 30 40 50
SCALE: I" = 10'
BASIS OF BEARING: FOUND MONUMENTS AS SHOWN.
L.C.E. — LIMITED COMMON ELEMENT.
G.C.E. — GENERAL COMMON ELEMENT.
EH. -CEILING HEIGHT
SOUTH ELEVATION
EAST BUILDING
WEST ELEVATION
EAST BUILDING
7965-11
5000TH ELEVATION
NEST :UILDING
EAST ELEUATIOO N
LEN EST :UILDING
Title KESSLER CONDOMINIUMS
060.01
7555.01
Job No 82 -143
Client KESSLER