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Home My WebLink Aboutcoa.lu.ec.1335 Riverside Dr-Beyer Condo.020A-85 f336r.\~~- ._.:1' ~v~v,,"~v ~~~'i':L Q'~"1)::-QlL_~_~ __ ~ WHirl ~IGr4l0 ANO VAlIL'ATlU 0'1' lHir(Ot~JG lt~~lll'T10N tl!YA'~IM(r.iTrlH~ p(f,(MfT AUTllOIOH~ THE Wfjf.lI(Of;~C/.l.tllll) UELOw. I \0 L:~'S-i.t--<'" rluv5i ~f:.rfIClc;t-Ct ApT, ~0-~SER~F~~~_~_~::.~~!:!~~,rJ_!:!?Dlno~_M. ALT~"~.!,TlON 0 REPAI.RCJ MQY_E 0 r~ · NA~~::':~:~l~:~v€-~.f:-D"SS ~~.~~SE '~;~;Th CZ; f- Z o V GENERAL CONSTRUCTION PERMI T r"Y " j U . -~._--,. _'_"_u,u . WRECK ADDRESS rs.S.UPERVISOR JFOR THIS JOB NAME ,--';'--'--- -.------:--- PHONE ~ [J '-. LEGAL ~DESCRIPT.ION.. LOT "0. . SURVEY. . BY .'. LCA~t\..\~ '''fA(. f.; / f; ><-.16". . I HEIGHT. 9' "0. \ ~T''''D(. .' 2f'lf ~!~_I_ STOR'" BNCMENT., \'J' "" 0 GARAGE . SINGLE 0 ATTACHEDO .)1.. . \-' Ut~f If~, 0 ' DOUBLE 0 DtTAC;HfO 0 ROO [)[PHI ----- -'-jl ~jRST SIZ[ SPACING In.(Ow ll~~v~'. . Z _~IU'O~~,_____ Vl ,cLOOR .2. X 16 o I'XTfI~lOH rl.. " u~ - t:; f- i,'".,,,,,C I .L.\.x. \! _ cr",,,c , ><- ,",. / / ~ ',11.1. 0 0 <.- (1' t:- O ___._n_. ___.__. -... Z rxtfl(IQf~ /;iti CONc.[~"J1 ~ 'ON, WAll ....... RQ.JF o hll'U.I~(S5 v ~^:>'Y Xl "-. 'i~1lCl", 0' CAISSONS 0 "ROOF!I>JG _ , :-LAB - t. GII~ B~AM5 , MA r€R1AL ~ v\ \.....~. .....J ~- M^S0NI~'{ AI10Y!: ABOVE rItICl(r.[~~, 1ST fLf<. 2ND FLR. DATE CERTIFI "2L - BLOCK 'NO. "2-\ ADDITlOH (C,vL.. a-'5, 'Y A PE L'S:dPJ lie. NO. AlTACHEO 0 DESIGN BY . , v TOTA.L UNITS OCCUPANCY GROUP \L ABOVE 2ND ,FlR. AGOVE 3RO FlR, orv. TYPE , [ FIR[ ..-") CONSTR, V ~ \ ~ _~~L2._ . AGENC~Y I AUTH~~ll-ED~A ;~ BUILDING , i -'- REVIEW .. ___LJ__,__ __ m",", ~I./'- -~ <C',.Cr-~-. PARKING ',-"- ,I ----+-. -r;, ' I I PUBLIC ""r5 f 7 /-1'-:::; i ___ ~~ ~~p= i ----E _L ~~~~;~ON$ ,4 000 SPAN Ie:; EXTERIOr. vALL STue Sl;e 2';:, AGovE &. SPACE-Li.. 1ST FLR. REMARKS' - ABOVE JR('l FLR. --o~ NOTES TO APPLICANT : FO;~ lNr,P'ECTION$OR INfORMATION CALL 925 _ 7336 fOR ;,It ','.',ORK' DONE' Ut:DH T,HIS PERMIT THE PERMITTEE ACCEPTS FULlRESPONSlIUlITY FOR COMPL1MJ,O::= '''11TH T1-': UNiFO~f",SUltD1NG CODE. THE COUNTY ZUNING ,RESOLUTION OR CITY lOr<I,NG ORDINANCE, AND All OTHER COUNTY RESOLUTIONS OR' CITY ORDINANCES WHICHEVER A?PU,S. . '5E'P~P.ATE FEilMlrS MUST Sf OBTA.lNED FO'" ELECTlI.ICAl, PlUMSING AND HEATING, SIGNS, SVlUI1MltJG POOLS ANO F~NCES. NRMlT.,['XI-'II,fS60 DAYS FJ.lOM DATE: ISSUED UNL'ESS WORK IS STARTED. "rQuu::to. INSPlCTlONS SHALL BE REQUESTED ONE WORKING DAY IN ADVANCE, Al,l FIHA.LINSPtCTIONS SHALL Of: MADE ON ALL ITE'MS OF WORKBE"FO'REOCCUPANCy'U'P['RMITTEo. . . liltS BUilDING SHAll NOT OF. OCCOPIED UNTIL A CERTIFICAlE OF OCCUPANCY HAS BEEN ISSUED. 0 PH"'~lT SUBHCT rtEI/OCAllON OR SU$I'ENS~O 0'" VIOLATION OF ANY lAWS GOVERNING SAME. SIGNATURE V /\ ^, ~ OF / \ '--.'1' . APPLICANT: \('\ " \- . I ._- -'J PLAN FILED T P -0 TOTAL FEE $ IZ~ DOUBLE Cl-1ECK E FEE 0 CASH 0 BUILDING DEPARTMENT ;(tJ, J~-~ APPROVAL BY OAT[ THIS FORM IS A PERMIT ONLY WHEN VALIDATED HERE _\ DATE PERMIT NO. 'LICENSE Ii . RECEIPTS CLASS AMOUNT, > 9/9/6,5 .529 c PD.id 12.00 ...... ~ ,. ; ~ , Aspen/Pit 130 s June 27, 1985 Mr. Terry Haynes P.O. Box 1303 Aspen, CO 81612 Dear Mr. Haynes, The Planning Office needs the following information in order to process the Byers Subdivision Exception -- Condominiumization of 1335 Riverside Drive: ".',~ o Rental history of the Haynes unit (prices for at least the past two years) o Plat of the property showing the configuration of the condominium units o Copy of the title to the property Pleae send four copies of each as soon as possible, as the application cannot be processed until we receive this submission information, I tried to contact you by telephone yesterday and today without suc- cess. If there is another number where you or your representative can be reached, please give it to us, Apparently Jim Mollica and Asso- ciates is not representing you, as he was not aware of your request. Sincerely, ASPEN/PITKIN PLANNING OFFICE (.l-J... ,.-:. B Jj,0Cv.",' j-J!J" ' , Steve Burstein Planner " o ,- f";,' MEMORANDUM TO: Paul Taddune, City Attorney Jay Hammond, City Engineer Jim Adamski, Housing Director FROM: Steve Burstein, Planning Office RE: Beyer Condominiumization ~Jy"'Cas~Jro:~:1lT~.:"8?^~~j "~-,,,,,,;~,,,,,"";'"',;..''' .....' ..,....,,- "'. .. " .. DATE: July 30, 1985 --------------------------------------------------------------------- --------------------------------------------------------------------- Attached for your review is an application submitted by Terry Haynes and Ria Byers requesting subdivision exemption approval for the purpose of condominiumizing the Ria Beyer House (a duplex) located at 1335 Riverside Drive. The house consists of approximately 1800 s.f. with an attached but separate 360 square foot apartment, Please review this material and return your referral comments to the Planning Office no later than August 19, 1985, in order for this office to have 'adequate time to prepare for its presentation before the City P&Z' on September 3rd. Thank you. 'f\.~&_ Re-..... \ \...,-c,~\ of- ~ \\""IW/.~ v~:-'t <... - C-....... ..\ \.u..,.l" ~~~..... ..."....-'>) ~ ~\...\ Q.~ ~ ~A ,<.~ "'-0....> ~ L.o~ ~",^",,-. "'~ ""...\\ IL,R.. t.o~~ Co~,"\ ...~ ~~ -\.. Q-o~ " c~JI \. <>C:- .,>{ Co(j'~e..) ~ if e ,] 1.:3 ,t")I"""\>O ./ .......r.Z ...----~ v ~"<; ~---~ "F \.,.. ~_.,"''"'~. ~", r:;'J] ~ /' ~ -----..---' ~~ 2 ~ -~. , /.' ; ,,"\ ;. lj ~ t ~ ~/_. '~; J , _ ~ ..... . . /<'/L.' \, ~.~ /~.. i ,;"'."'."'''.c,, :,;' $ ~,' " -'-j:~ 'Hi - _u'. _'.. __ ~ NC~.I:-1 ,,' i:" " ~::: ;::f~ 2.2.5.77 ~ , i r~, )' ", ,'-..... i\ '" . ~ ~: . t ~"I,. .'.~ .'~' r-I ii' ~ 2 H ' \. ," .../ '[/ 'Jo. 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II.) ~ ~ ~ ~ ~ , ') ~ (l f' "- '- ~ N l\! -I -,: " " -< ~ ~ ~ N ~ ~ "- ~ II- ~ !II l.) Q ~ --l J r " ~ "- ~ It It. ~ ~ ~"- ~ "'- \) . U 0 VI \J \If 'I g "- r.J " ~ l' ~ t..: ~ "- r I;: () <: '" <: ~ "- \i :j ~ './ ~ Q '- 0 l!. ~ ... "l 4- V ~ C Q ~ ~ .... l- II ~ \j v ~ ~ () l.j ~ -< ~ <: ~ ~ "- ~ f' '" III Q '- ... t>! III ~ , ,\\1 1/ . ~ -- --~-~--'-:,:"-'- --'-,--..-- ..~.- .'>____<\'''''C d~ "~~.r ' III '" "ill) ~ ,'" ~ ~'" ~ '- ' ll!l- \) ~ .- - - - --- 0 ,9 .r;:.'oC?/ M.2?p//v Q '.s~ S ~ r' ,I-: , ~ , " I, ~~; i:> ,r--~', ~ -oe ~ - '4- 0 \t. ~ K lQ \J :b ~ ' ~ \l( 't :c--'\ /. ,~->.t>o/ :ET.c/o/ A/ '" 4, ~'" "....., ~ ~ ~ ~ f'" I' ~ n____+____ V --- ~ --- ------ ,.<:>:..5Z: ly' ,..-.. :~' l'-, "'~L't,'""" o MEK>RARJ)UM TO: FROM: Aspen City Council ~ Hal Schilling, City Manag.w Steve Burstein, Planning Off~ce ~ Beyers Condominiumization THRU: RE: DATE: September 30, 1985 ===================================================================== SUMMARY: The Planning Office and Planning Commission recommend approval of this request for condominiumization of a duplex sUbject to the four conditions listed below. LOCATION: 1335 Riverside Drive, Lot 22, Block 1, Riverside Addition. ZONING: R-15 BACKGROUND: The applicant requests condominiumization of a duplex located at 1335 Riverside Drive, creating two separate units. The main house contains approximately 1800 s. f. and the apartment has approximately 360 s,f. on a parcel of land approximately 14,650 s.f. in area, The present tenant of the apartment, Terry Haynes, initiated this request for the purpose of being able to buy the unit he lives in, The owner, Ria Beyers, is interested in selling the smaller unit to Mr. Haynes and intends to also sell the main house where she presently lives. The house was built in 1961, and the apartment was added on in 1965, prior to certain current zoning requirements. APPLICABLE SECTIONS OF THE MUNICIPAL CODE: Condominiumization of a duplex is a subdivision exception pursuant to Section 20-19 (c) and must substantially comply with the design and platting requirements of Sections 20-17 and 20-15. The requirements of condominiumization most pertinent to this case are stated in Section 20-22: n (a) Existing tenants shall be given written notice when their unit is offered for sale, which notice shall specify the sale price. Each tenant shall have a ninety-day nonassign- able option to purchase their unit at this preliminary market value. In addition, each tenant shall have a ninety-day exclusive nonassignable right of first refusal to purchase their unit which shall commence when a bona fide offer is made by a third person, and accepted by the owner, t Ii ~ )1 In the event that such offer is made while the ninety-day option is still in effect, the tenant may purchase the unit for the amount of the initial sales price or the amount of the bona fide offer, whichever is less. (b) All units shall be restricted to six (6) month minimum leases with no more than two (2) shorter tenancies per year; and (c) The applicant shall demonstrate that approval will not reduce the supply of low and moderate income housing. Such demonstration shall be made at the time of initial consider- ation by the Planning and Zoning Commission for purposes of their recommendation to the City Council . . , R PROBLEM DISCUSSION A. Referral Comments: 1. Engineering Department: and 12, Elyse Elliot of the following concerns: a. The condominiumization plat must conform to the requirements of Section 20-15 of the Municipal Code. The applicant should have a licensed surveyor and consult the Engineering Department for details. In discussions held on August 8, 9 the Engineering Department expressed b. The Plat must show, in particular, the areas of general common ownership (GCE) and the areas assigned to unit ownership. All easements on the property should be indicated on the Plat. c. Inf ormation should be provided on the access easement west of the Beyers property to insure there is no conflicting use from Beyers' driveway. 2, Housing Authority: In a memorandum dated August 18, 1985, Jim Adamski stated that the Housing Authority determined that based on evidence that the Beyers house and apartment have not historically rented within the current guidelines for employee housing, therefore, neither unit is subject to employee housing deed-restrictions. B. Planning Office COmments: It appears that the requirements of Section 20-22 would be met by this condominiumization as: 1. The tenant will be offered the unit in which he presently lives; 2, the applicant is willing to restrict the units to six month minimum leases; and 2 t"'.., n 3. The apartment unit is not considered to be an employee unit at the present time. The last point has been the sUbject of interpreting the current situation wherein no rent has been paid by the tenant for a period of five years as an act of friendship and exchange for caretaking services. It was the opinion of the Housing Authority that the apartment unit need not be subject to employee housing price guidelines. The Planning Office concurs with this opinion because it appears that the duplex unit has not been literally a part of the low income housing supply. The fact that there has been no payment of rent as an act of friendship between these two parties should not be considered a low rent situation with regard to our employee housing guidelines. There is a concern that the circular driveway of 1335 Riverside Drive appears to exit through the adjoining property to the west. This situation should be clarified with respect to any access easements existing or needed for such useage. ADVISORY COMMITTEE VOTE: On September 3, 1985, the Planning and Zoning Commi ssion voted unanimously to recommend approval of the Beyers Condominiumization subject to the four conditions listed below. RECOMMENDATION: The Planning Office and the Planning and Zoning Commi ssion recorranend that Counc il approve thi s condomini umiz ati on subject to the following conditions: 1. All units shall be restricted to six (6) month minimum leases with no more than two (2) shorter tenancies per year, 2. The condominiumization plat shall conform to the requirements of Section 20-15 of the Municipal Code, including the specific comments made by the Engineering Department. 3. A Statement of Subdivision Exception shall be filed with the City Attorney prior to recordation of plat. 4. The applicant shall show the western segment of driveway on her property and adjoining property. If access onto the adjoining property is necessary, the applicant shall obtain an access easement prior to recordation of plat. PROPOSED MOTION: "Move for approval of the Beyers Condominiumization subject to the four conditions stated in the Planning Office memoran- dum to Council dated Sept ember 30, 1985." SB.ll 3 ~ , t':',: ~ June 3, 1985 D rn@[go~~n .UU 3. U City of Aspen Planning and Zoning Mr. Allen Richman 130 S. Galena Street Aspen, Colorado 81611 ~ . ~ Dear Sirs:. I am writing this letter in regards to my meeting with Mr. Allen Richman on May 22nd, 1985. It is regarding condominiumization of the Ria Beyer House at 1335 Riverside Drive, Aspen, into two units. The house is approximately 1800 square feet, which includes an attached, but separate 360 square foot apartment, I have lived in the apartment for five years, and would like to purchase it from Mrs. Beyer. The house sits on more than one third acre (1/3) in the River- side subdivision on Lot #22, It is set up perfectly for a duplex, as the apartment is at one end of the house, with a separate entrance and parking. This situation is favorable by Mrs, Beyer, who owns the home outright. Wolf J. and Ria Beyer bought the home in August, 1965. Mr, Beyer passed away in 1974, and Mrs, Beyer has occupied the house since. She now has no need for the entire house and would like to sell me the apartment at a very reasonable price. She also is favorable to the sale of the other unit to a friend of mine at a reasonable price, if she would like it. Mrs. Beyer would like to relocate closer to downtown, if she were to sell both units, As well as the house being in two units, the property could easily be designated in two areas as well as common area. I have managed Breeze Ski Rentals in Aspen for 5 years and plan to stay with the company, I have looked at Employee Housing in Aspen, but due to owning a dog, cannot purchase an employee unit. Being able to purchase Mrs. Beyer's apartment would put my housing problems in Aspen to an end, as well as becoming a homeowner. I feel this proposal will have no impact on the neighborhood or housing situation in Aspen as number of units will remain I j I I l I""'-... ~ ,. . 'j City of Aspen Planning and Zoning Department page two the same, as well as people. Both units would house employees, I feel this proposal would benefit all involved, and would allow me to become a permanent resident and homeowner of Pitkin County. Sincerely, Terry C, Haynes / --7~7 C'. /VC~ and Mrs. Ria Beyer -----;> ~~. f""".... " o ~- \,,\ - \2,5' -;-;:; "">.~ 'J: VV\7 ~c.~~ ,L ~ ~'e--v- ~Q, ~*'t-~ \::e,- ',~~ ~O^-J -1 ~ - \~ ~,""~~ '1:.., ~ ~ ? d--v<:-. ~~ ~~~ ~ -\;7 -e. \,..~ ~~Ar"- _ ~, ~ ~ ~ (-.J~~ ~:'i L\~~~~~),~~~ , ,'V-v-.7 p"",^^-e.. ....... ...... ..... .. .. ~ :~~~~~2J:~~~ ~ ~OL 'OU~~.?~.~~. " s~""'-c~~ ,"",~'._. .' ~.-' ... r'"'\ n J M F. M n RAN n IT M TO: FROM: STEVE BURSTEIN, PLANNING OFFICE J. LUCAS ADAMSKI, HOUSING bIRECTOR AUGUST 18, 1985 BEYER CONDOMINIUMIZATION DATE: RE: RECOMMENDATION: The Housing Authority's question was whether the apartment attached to the Beyer house had been used as a rental unit in the past. The attached letter negates that assumption. The Housing Authority therefore approves the Beyer condominiui- zation and requires no employee housing. 1 )'ft r-\ ~ #r hAlZ s//<?-$/ /"~~./-S ?C' O.h7/Z/r;</ ~r H-~ ~r- ...::5' 5?f4~-5./ /<;%0 CJ7A..// ~/ /dj /2(="4 T /t4~ #en!;9/,o >23-4 &~/20 ;4P;:r:,-4o..-Z C;CeM..q~ ~ <:J c:?.4/C,e:: 7.;?)/C/A ~ /...z- ~ C'x-cr14z/-?t&,e:; ~oC . .... .-",..- /~~~~ ......~~/3 .,4-~ Co ,5/(6/<-'- "-I I j BOllll 516 ~d35~ Recorded at 3:0 J OiC'1tCM '8--] /-S;t Receptlon "",,,_.,....;;;). )3 7'1 LORETTA BANNER PITKIN COUNTY RECORDER CONDOMINIUM DUPLEX DECLARATION FOR THE BEYER DUPLEX 1335 RIVERSIDE DRIVE ASPEN, COLORADO 81611 if). /3~ '-,>' ~ is the~" ~. in the z;,.. ~\ V '-- '(, Ria Marie Beyer, hereinafter called the Declarant, owner of the following described real property situated City of Aspen, Pitkin County, State of Colorado: Lot 22, Block 1 Riverside Subdivision duplex of two on the 1. Declarant has subdivided a above-described property, which shall consist owned units, Each unit (A) and (B) are located on its own designated property as described on the Beyer Duplex Plat, dated May 1986, The limited common area such as the driveway and island area that the driveway surrounds are the only commonly owned areas. separately 2, Use of Units; General and Limited Common Elements, Each owner shall be entitled to exclusive ownership and pos- session of his unit and property. Each owner may use the Limited Common Elements in accordance with the purpose for which they are intended, without hindering or encroaching upon the lawful rights of the other owner. 3, Use and Occupancy. Each unit shall be used and oc- cupied solely for residential purposes, and except as provided in this paragraph, no trade or business of any kind may be carried on therein. Lease or rental of a unit for lodging or residential purposes shall not be considered to be a violation of this -~ ,....... "_',,_'O_"-'c...~_~..,,_._ _..'.__, BOOK 516 fAI1f354 Recorded at 3:0 I O'C".JiM '8--71- S;C Reception No ;;) ~ .5 7'1 lORmA BANNER PITKIN COUNTY RECORDER CONDOMINIUM DUPLEX DECLARATION FOR THE BEYER DUPLEX 1335 RIVERSIDE DRIVE ASPEN, COLORADO 81611 y)--- /~ ~ <:.. is the^, ,r-' 'z-W. ' ~ the t..., , '. Ria Marie Beyer, hereinafter called the Declarant, owner of the following described real property situated City of Aspen, Pitkin County, State of Colorado: Lot 22, Block 1 Riverside Subdivision in 1. Declarant has subdivided a duplex of two on the separately above-described property, which shall consist owned units. Each unit (A) and (B) are located on its own designated property as described on the Beyer Duplex Plat, dated May 1986, The limited common area such as the driveway and island area that the driveway surrounds are the only commonly owned areas. 2. Use of Units; General and Limited Common Elements. Each owner shall be entitled to exclusive ownership and pos- session of his unit and property. Each owner may use the Limited Common Elements in accordance with the purpose for which they are intended, without hindering or encroaching upon the lawful rights of the other owner, 3. Use and Occupancy. Each unit shall be used and oc- cupied solely for residential purposes, and except as provided in this paragraph, no trade or business of any kind may be carried on therein. Lease or rental of a unit for lodging or residential purposes shall not be considered to be a violation of this covenant. 4, Each unit is owned separately and each owner is respon- sible for repair, maintenance and upkeep on his unit, Each owner is responsible for keeping its outside area clean and in sanitary condition. No unsightly garbage, rubbish piles, or trash will be allowed, 5. The limited common area (driveway and island inside driveway)must be kept in good condition by both owners and cannot be used for personal storage, Any driveway maintenance must be shared on a 50/50 basis by both owners. 6. Each unit is allowed three parking spaces, as designat- ed on the Beyer Duplex Plat Plan. No more than three cars per unit will be allowed, with the exception of temporary guests, to park at each unit. -1- 5~ '6 355' , , 0." '.': ' ::. " ", " uOOK 'l ,'L' J';'ffiE. ,. snow removal. This is responsible on a 50/50 basis for driveway is to be agreed upon by both owners as to snow removal, and each owner is responsible 7, Each unit method and type of for 50% of the cost. 8. Building additions of any kind must conform to City code, and may not infringe on either owner's rights, Any addi- tion must be painted Rosett Brown with white trim to conform to existing building color. Any change in building color must be agreed upon by both owners, 9, Each owner is required to maintain current and adequate insurance on his unit and property, This includes fire, theft, and liability insurance. 10. Common Utilities. Common water, sewer and trash removal will be shared and paid as follows: A. Unit A will be responsible for 2/3 of each bill. B, Unit B will be responsible for 1/3 of each bill, These percentages have been determined by square footage and number of bathrooms per unit. 11, Unit A is allowed two (2) trash cans per week; Unit B is allowed one (1) trash can per week, Presently, if trash cans exceed this number, that particular unit is responsible for additional cost per can. One storage per unit is provided, 12. Outside water faucet and hose are to be shared by both units. 13. Any of the Declarations or restrictions listed in this Declaration can be amended only with the approval of owners of both Units A and B, Failure by either unit or owner to comply with any of the bylaws in this Declaration will be subject to legal action, The provisions of this Declaration shall be in addition and supplemental to the Condominium Ownership Act of the State of Colorado and to all other provisions of law, IN WITNESS WHEREOF, Declarant has duly executed this Decla- ration this ;To day of June, 1986, RA~-3, Ria Marie Beyer ' ~ -2- STATE OF COLORADO COUNTY OF PITKIN The foregoing ~ day of June, official seal, My \,~0~T ~"S;"') :,;j~1t:',</;,::,-::.,,;--_., ,,'+. ,~~~ m~l h/R""" ~, ~'r"'r:ir""'i'>.n.Y' "':.:' ,.jt;~"A/<;O '-' I,' ,,';; .-:'i:~:,." J.'>k:'ir"""I.~fij" .'/~It- , \ 0 .,""<~:,' i1'j;: "'";/~,,." \rJ';"Q""\-~'~ ',~:1''';, " ~',i: ~, 1')'0 \;) ~-.~~4' <t H'4? '\\~j::, ,'_ "~'~'.' ,-/.;;:{ffA:^-:O:::j<:;(;f~ti :\.. :.,' .~ "'" ,....,,/,/1. ,,\,",~ ,.', '",~ '/', . \~~~c nf;(\V //{;k' . '~\~l~-:::~;t#; ) ) ss, ) SO OK 51oPA5E356 instrument was acknowledged before me this 1986 by Ria Marie Beyer. Witness my hand and commission expires: 0'-4/- e "7 "Vr~~ ~f- t ry Public . Address: SOb 6- ~...(4-?':J ffi'p(p~ -3- , BOOK 516 PAGE357 .:=0 c:: o CONDITIONS FOR THE BEYER CONDOHINIUH w tiS -0 3: ::! ;lr- -.0 :z::o '" rn -, -f-j :-< ;:~. :0 co m> 02 O=>:; ::0,.., 0:0 m ";P, for f\;) 00 <::> DECLARATION OF COVENANTS, RESTR ICTIONS ANl'l'- '4 RIA MARIE BEYER, ~ c::o ,( "Covenan~ Ql' 0: themselves, their heirs, executors, administrators and assigns, in consideration of the granting of an exception from the full subdivison process for the purpose of condominiumization of t~e fOllowing-described property, hereby covenant with the City or ~spen, Pitkin County, Colorado, to restrict such property, and hereby do restrict such property, as follows: 1. Covenantors are the owners of the following described property (the "Pro~erty") together with the improvements thereon situated in the City of Aspen, County of Pitkin, State of Colorado: Lot 22, Block I Riversid? Subdivision The Bever ~ondominium City of Aspen, Pitkin County, Colorado, as shown on the Condominium Hap therefor recorded in Plat Book at page , and subject to the terms, conditions and obligations of the Condominium Declaration therefore recorded in Book at page , also described as 1335 Riverside Dr" 2. The existing dwelling units Aspen, Colorado. comprise The Beyer Condominium, when the same are offered fur rental, shall be and are hereby restr icted to six (6) month minimum leases with no more than two (2) shorter tenancies per calendar year, all as defined in the Aspen Hunicipal Code, as amended; and, further, when both units are offered for sale, they shall be and are hereby subject to the requirements of Sections 20- 22(a), Aspen Municipal COde, as amended. 3. In the event that any municipal improvement or improve- ments of a kind contemplated in Section 20-16 of the Hunicipal Code of the Ci ty of Aspen, as amended, become, in the sol e judgment or discretion of the City Council of the City of Aspen, necessary or desirable to the area of The Beyer :ondominium, Covenantors will make no objection to any special assessment or special tax or pro- ceeding therefor on the basis that the Property is adequately BOOK 516 f'tlil3SB ser~ed by existing improvements and/or on the basis that the prem- ises will not be served or benefited by the improvement or improve- ments proposed. Covenantors further agree to join, upon the City's demand therefor, any improvement district formed for construction of such improvements (including, without limitation, drainage, underground utilities, paving, curbs, gutters, sidewalks, street lights, etc.) in the area of The Beyer Condominium or to reimburse the City of Aspen directly upon demand therefor if the City should choose to construct these improvements wihout the formation of such a distr ict. 4. The covenants herein may be changed, modified or amended by the recording of a written instrument signed by the record owners of the Property and the Mayor of the City of Aspen~ursuant to a vote taken by the City Council. 5. The covenants herein contained shal I run wi th the land and shall be binding upon all parties having any right, title or inter- est in the Property or any part thereof, and their heirs, represen- tatives, successors and assigns, for the periOd of the life of the longest-lived member of the presently-constituted Aspen City Coun- eil plus twenty-one (21) years, or for a period of fifty (50) years from the date these covenants are recorded, whichever is less. 6. 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. 7. 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 thi s do day ofJC//'v~ ,1986. ~~ ~ Ria Harie Beyer t -2- BOOK 516 P4GE359 , . STATE OF COLORADO ) ) ss. ) COUNTY OF PITKIN The foregoing instrument was acknowledged before me this ;J-o day of June, 1986 by Ri" Marie Beyer, as Covenator of the Beyer Condominium. Witness my hand and official seal. My commission expires: 8'4~ 87 Notary PUbli~~~ Address: 50(, E ~"J ~~~ A4:-#:-J -3- 80DK 516 PAGf360 STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS FOR THE PURPOSE OF CONDOMINIUMIZATION FOR THE COURT CONDOMINIUMS WHEREAS, RIA MARIE BEYER. "Applicants") are owners of a parcel of real of Aspen, Pitkin County, Colorado, described (hereinafter property in the City as follows: Lot 22, Block 1 Riverside Subdivision, WHEREAS, the foregoing described real property contains a duplex with two existing uni'ts; and WHEREAS, Applicants have requested an exception from the full subdivision process for the purpose of condorniniumizing the existing dwellings; and WHEREAS, the Aspen Planning and Zoning Commission at its meeting held Sept. 3, 1985 determined that such exception would be appropriate an~.re~ommended that the same be granted subject, how- ever, to certain conditions; and WHEREAS, the City Council determined at its regular meet- ing heldSept, 3) 1985.~,that such exception was appropriate and granted the-'same-; s'ubfect, however, to certain conditions as set forth below: . NOW, THEREFORE, the City Council of Aspen, Colorado, does hereby determine that the application for exception from the. full subdivision prbcess for the purpose of condominiumizatlon of.the above described property is proper and hereby grants an exception from the full subdivision process for such condominiumizatioh, PROVIDED, HOWEVER, that the foregoing exception is expressly conditioned upon (1) the Applicant's recording with the Pitkin County Clerk and Record~r, contemporaneously herewith; that certain "Declaration of Covenants, Restrictions, and Conditions for The Beyer Condominium, dated ,1986, and (2) the Appli- cant'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. DATED this d't> day of ~, 1986.. APPROVED AS TO FORM: \2..---= ~ Paul J .~JddLJne, City Attorney ~jjS ~ ;f5 ~ K> ",.,r- - .-.0 ~........ %:>:l 00 om "~-l 0 W -'<-; .> "" ;::0'00 ::..:> I\) tn~ ...., ".,::>: 0"" CO ::lII: ;:O"rt'l . 'Q::r.J -- CQ m CT> ;:0 'b,,~~~:i:i.i>~,'~ " , " '. BOOK 516 PAGE361 I. KATHRYN S,'KOCR, do h~teby certify that the foregoing Statement of Exception from the Fun Subdivision Process for the Purposes of Condominiumization was considered and approved by the Aspen City Council at its regular meeting held Sept. 3, 1985 at which time the Mayor was author ized to execute toe same cin.liehalf of the City of Aspen, ~ 1,: . ,~,~, , '~r , , .",,;,"':,;;:'illf"'~ "', \ ~ (") MEK>RANOOM RE: Aspen Planning and Zoning Commission Steve Burstein, Planning Office Beyers Condominiumization TO: FROM: DATE: September 3, 1985 ===== == = ====== === =====:: =:::::::::::=.:: ,======,::;==::;,:::====,==_==,:::::::_;=:::,==':::,:::7,=,:':::,:e:;~,=,,=:=,:;:,;:=(;F,5~,,:=;7r::::;~:=:'0,,:=77;=::: LOCATION: 1335 Riverside Drive, Lot 22, Block 1, Riverside Addition. ZONING: R-15 APPLICANT'S REQUEST: The applicant requests condominiumizatign of a duplex located at 1335 RivenddE;! j)ri,'le, creating two separate units. The main house contains approximately 1800 sq. ft. and the apartment has approximately 360 sq. ft. on a parcel of land approximately 14,650 sq. ft. in area. . BACKGROUND: The present tenant of the apartment, Terry Haynes, initiated this request for .the. purpose of being able to buy the unit he lives in, The owner, Ria Beyers, is interested in selling the smaller unit to Mr. Haynes and intends to also sell the.m.ai,l1 h()use where she presently lives. The house was built in 1961,a.nd the apartment wa,s added on in 1965, prior to certain current zoning requirements. 1. Engineering Department: 12, Elyse Elliot of the following concerns: a. The condominiumization plat must conform to the requirements of Section 20-15 of the Municipal Code. In discussions held on August 8, 9 and Engineering Department expressed the b. The Plat must show, in particular, the areas of general common ownership (GCE) and the areas assigned to uni t ownership. All easements on the property should be indi- cated on the Plat. c. Information should be provided on the access easement west of the Beyers property to insure there is no conflict in use from Beyer's driveway. 2. Housing Authority: In a memorandum dated August 18, 1985, Jim Adamski stated that the Housing Authority determined that based on evidence that the Beyer house and apartment have not histor- ically rented within the current guidelines for employee housing, therefore, neither unit is subject to employee housing deed- re strictions. APPLICABLE SECfIONS OF MUNICIPAL (:ODE: <::ol1d()lIlil1i,llIllizat;iol1 of .aduplex is a subdivision exceptionpursuantto'Sii;crrori"'21r::y'!rrciywarid must substantially comply with the design and platting requirements of Sections 20-17 and 20-15. The requirements of condominiumization most pertinent to this case are stated in Section 20-22: n (a) Existing tenants shall be given written notice when their unit is offered for sale, which notice shall specify the sale price. Each tenant shall have a ninety-day nonassign- able option to purchase their unit at this preliminary market value. In addition, each tenant shall have a ninety- day exclusive nonassignable right of first refusal to purchase their unit which shall commence when a bona, fidE! offer is made by a third person, and accepted by the owner. i!"""., n In the event that such offer is made while the ninety-day option is still in effect, the tenant may purchase the unit for the amount of the initial sales price or the amount of the bona fide offer, whichever is less. (b) All units shall be restricted to six (6) month minimum leases with no more than two (2) shorter tenancies per year; and (c) The applicant shall demonstrate that approval will not reduce the supply of low and moderate income housing. Such demonstration shall be made at the time of initial consider- ation by the planning and zoning commission for purposes of their recommendation to the City Council, Evidence relating to the following criteria shall be considered at this determination: (1) Evidence that illustrates there will be minimal tenant displacement as a result of the conversion. (2) Evidence that illustrates that tenants have not been required to move involuntarily within the preceding eighteen (18) months prior to application, except in cases of lawful displacement. (3) Evidence that the condominium units will be affordable by persons of low or moderate income. (4) Evidence that the rental price of the condominium units will not be sUbstantially increased after condominiumi- zation. (5) Evidence that tenants who do not wish to exercise their option or right of first refusal shall be provided with at least one hundred eighty (180) days after final council approval or when their unit is sold to a third person, whichever date is later, in which to relocate. (6) Evidence that the prospective purchaser is an employer or a group of employers who intends to rent the unit (s) to its employees. STAFF CORImNTS: It appears that the requirements of Section 20-22 would be met by this condominiumization as: (1) The tenant will be offered the unit in which he presently lives, (2) The applicant is willing to restrict the units to six month minimum leases, and (3) The apartment unit is not considered to be an employee unit at the pre sent time. The last point has been the subject of interpreting the current situation wherein no rent has been paid by the tenant for a period of five years as an act of friendship and exchange for caretaking services. It was the opinion of the Housing Authority that the apartment unit need not be subject to employee housing price guide- lines. The Planning Office concurs with this opinion because it appears that the duplex unit has not been literally a part of the low income housing supply. No payments of rent as an act of friendship should not be considered low rent. Thee is a concern that the circular driveway of 1335 Riverside Drive appears to exit through the adjoining property to the west. This situation should be clarified with respect to any access easements existing or needed for such useage. RECORImNDATION: The Planning Office recommends that the Commission 2 I""', () recommend approval of this condominiumization subject to the following conditions: 1. All units shall be restricted to six (6) month minimum leases wi th no more than two (2) shorter tenancies per year. 2. The condominiumization plat shall conform to the requirements of Section 20-15 of the Municipal Code, including the specific comments made by the Engineering Department. 3. A Statement of Subdivision Exception shall be filed with the City Attorney prior to recordation of plat. 4. The applicant shall show the western segment of driveway on her property and adjoining property. If access onto the adjoining property is necessary, the applicant shall obtain an access easement prior to recordation of plat. SB.3 3 , ~ (') ClrfY OF'ASPEN 130 south aspen, co 303-1 alena street rado 81611 5-2020 LAND USE APPLICATION FORM DATE SUBMITTED FEES NAME Zii: /Z/Z c./ C /..4c:/UE:S /';;;:?/A R ~ f!/,- R '.. / ' /--~'< :.-.2C;:;/.~ ~;P..-A/ <",cvA Ao/~/z:..,. 9...2, ~ <?k/,.;;? 9 /44 ~ t;...I.,?/? ~~ ADDRESS PHONE NAME OF PROJECT PRESENT ZONING -' LOT SIZE rJA/;P~ 7/V/PA"J ~..RF.. ./..53'5 ;0'Gr"'~, //.7"-1 .T:>~~/flW.ey/.11' ~CI~ ~#/, # z.z . (indicate street address, lot d block number. May require legal description. A vicinity map is very useful,) LOCATION CURRENT BUILD-OUT /YO e) ,? sq. ft. units PROPOSED BUILD-OUT _sq, ft. units DESCRIPTION OF EXISTING USES DESCRIPTION OF LAND USE PROPOSAL TYPE OF APPLICATION APPLICABLE CODE SECTION (s) PLAT AMENDMENT REQUIRED DATE PRE-APPLICATION CONFERENCE COMPLETED YES ____NO --..--- ATTACHMENTS: 1. Ail applic,m'ts must supply Proof of Ownership in the form of a title insurance commitml '~ or statement from an attorney indicating that he/she has researcl j the title and verifies that the applieant 'is the owner of the pro! cty (free of liens and eucumbrances,) 2. If,the process requires must be supplied which ! directions in some cases public hearing, a Property Owner's List 'es all, owners within 300 feet in all ~nd adjacent owners in some cases. 3. Number of copies required (by code and/or in pre-application conference, ) 4. Plat by Registered Surveyor Yes No ~ , ~ ~ "" n' =, o..~ ~, I::l:: ~. =' ~ j' ~! ~, It! ~. n' 8: n' =1 ~' (j)[ ?!\ 0, s...., ..S' ,., I~'" : ' ! 11:1: '" ! : W 0 : 8' I ,; ~ ,o.~'l : ~ : i! =-: ! it\tl.!. 0 ! ~ !-"\\~ I' i ~ ! i ~ I:=: ! : ; '~.., : ; S' i i'~ II i ~ ~ i !~ ~: i l' ~ lid i"'j % 1 i ;:; a I! .....! ~ ~i i g ~ ~ ~ .: : ., . "'= ::n I . '" L. I ! 8.. : I S. 2: ~ ~ !" o ~s:: ~= ..,= n~ ;;0 a;' ~, o ~ ~ "" n ., n "" ... en >-l (-, > o >-l = t<l = " 0 "l ~ ~tj " 9 I ' >-l o ~ !~ ~~ z ;;lo ~ ~ o " n ., ~ ~ f i :;. = ~ i !t>l i \~ ~ g: ~ ~~, c z o !-o" N f~ "'" "" rf", Vf' (J: .... .... BQOK215 PAGl166 Tract No, 2; described as follows: A tract of land being part of Lot 22, Riverside Subdivision as shown on plat thereof r,ecoaded ,on page 179 in Ditch BOo!< 2A i~. the. office of the Clerk and Record.ell fqr,l"it\<inCo\lnty, Co'torado' and parf of the Riverside Placer U,S,M.S. No, 3905, Am, ,~aJd.);ract is ';'cir~fully described as follows: BeginningattheS);; so;rner of s!,id Lot 22; thence South 35.00 feet; thence We.st 87..00 feet; t:hence Nor.th 35..00 feet; thence, NorthlOlO'E.125.Q7feet to the North line. of Lot 22: thenCe. .~orth 80004' E: 18.34 feetalong the. North line of ,Lot 22: thence,Sou,th 1010' W. 128.23 feet to the Sou'th line ci Lot 22: thence East 69.pO feet ,along the South line of Lot 22 to tlie point of beginning, ':"'::';~"~~"""""''''-'>-''''~'''-'": _':':'';:",'':>:'",-_''--;''''_~-..r~-,:;-_-_,~-",~"", I I 1 ! . ,......, , () < James J. Monica & Associates, Inc. Real Estate Appraisers and Consultants AN APPRAISAL OF BEYER RESIDENCE RIVERSIDE SUBDIVISION I LOT 22 ASPEN, CO 81611 May 18, 1979 FOR: Mrs, Beyer Box 1303 Aspen, CO 81611 '<"""."".' ; , The valuation study and Certification which follows are expressly subject to the assumptions. contingencies and limiting conditions at. tached. together with any special limiting conditions specifically dis- cussed in the report. SCOII M, Bowie Associate Appraiser James J, Mollica. R.M. Appraiser-Consultant Crystal Palace Building. 300 East HymanAvenue. Aspen, Colorado 81611 .: 303/925-8987 I Property Address City As en Le al Description Sale Price $ N A Actual Real Estate Taxes $820 Lenper/Client Mrs. Wo f J. Beyer 1335 Riverside Drive SIDENTIAL APPRAISAL REPORT i"""\ Census Tra(../ ~ File No. ; Ma Reference See attached CountyPitkin Riverside Subdivision Filin I Lot 22 Date of Sale N / A Loan Term a rox.(yrl Loan charges to be paid by seller $ Address Appraiser Scott Bowie. R.M. Instructions to Appraiser State Colorado Zip Code 81611 yrs Property Rights Appraised !XI F~e Other sales concessions o Leasehold 0 DeMinimis PUD Urban [XlSuburban DRural Good Avg. Fair Poor Built Up []jOver 75% 025% to 75% DUnder 25% Employment Stability [XI 0 0 0 Growth ~ate []{]Fully Dev. DRapid o Steady DSlow Convenience to Employment gg 0 0 0 Property Values [XI Increasing 0 Stable D Declining Convenience to Shopping Qg 0 0 0 Demand/Supply [Xl Shortage 0 In Balance DOver Supply Convenience to Schools [KI 0 0 0 Marketing Time [X] Under 3 Mos. 04-6 Mos. 0 Over 6 Mos. Adequacy of Public Transportation !Xl 0 0 0 Present Land Use 10(% 1 Family _% 2~4 Family _% Apts. _% Condo_% Commercial Recreational Facilities [KI 0 0 0 _% lndustrial_% Vacant_% Adequacy of Utilities QQ 0 0 0 Change in f:'resent Land Use CXI Not Likely D Likely (*) DTaking Place (*) Property Compatibility [Xl 0 0 0 (*) From To Protection from Detrimental Conditions [Xl 0 0 0 Predominant Occupancy [X] Owner OTenant % Vacant Police and Fire Protection [XI 0 0 0 Single Family Price Range $ 175.. 000 to $ 375.. 000 Predominant Value $ 250.. 000 General Appearance of Properties IX! 0 0 0 Single Family Age 5 yrs to 20 yrs Predominant Age 10 yrs A ea) to Market [Xl 0 0 0 Note: FHLMC/FNMA do not consider the racial composition of the neighborhood to be a relevant factor and it must not be considered in the ap~raisal. Comments including those factors, favorable or unfavorable, affecting marketability (e.g. public parks, schools, view, noise) The subj ect is located 4 blocks from As en's commercial core where schools, churches, shopping and entertainment are located. Bus service operates near the subject, servicing the City of Aspen, surrounding areas and local ski resorts. Proximity to central Aspen and the Roaring Fork River and relative seclusion make the nei hborhood desirable for both permanent residents and long-term renters. Construction of alar e health facilit and luxur condo com lex near the subd. has added a ea Irregular 14.650 Sq. Ft. D><=S 0 Corne, Lot Zoning classification Single Familv Residential Present improvements XJ do 0 do not conform to zoning regulations Highest and best use: [X] Present use 0 Other (specify) Public Other (Describel OFF SITE IMPROVEMENTS Topo Level [[] Street Access: [Xl Public 0 Private Size Tical for area IKJ Su,face Asphalt Shape Irre ular [] Maintenance: [X) Public 0 Private View Avera e San.Sewer IX] 0 Storm Sewer 0 Curb/Gutter Drainage Ade uate o Underground Elect. & Tel. 0 Sidewalk o Street Lights Isthe property located in a HUDtdentifiedSpecial Flood Hazard Area11X1No Dyes Comments (favorable or unfavorable including any apparent adverse easeme~s, encroachments or other adverse conditions) The sub' ect' s site is heavil wooded with as ens and is rivate. The As en Club health facilities are a short wal southeast and enhance the desirabilit of the nei hborhood. Views from the structure are con [}QExisting DProposed OUnder Constr. No. Units -l- Type (det, duplex, semi/det, etc.) Design (rambler, split level, etc.l Yrs,Age:Actual l8Effective 12 to15 No.Sto,ies 1 Single familv Conventional ranch Roof Material Gutters & Downspouts !XI None Window (Type): Slng e & ou e pane Insulation il u ica1 0 Storm Sash [XJScreens 0 Combination exCeiling OManufactured Housing N/ A % Basement 0 Floor Drain Finished Ceiling Foundation Waifs 0 Outside Entrance 0 Sump Pump Finished Walls Concrete block 0 Concrete Floor % Finished Finished Floor I]J:Slab onGrade []gCrawl Space Evidence of: DDam ness OTermites o Settlement Comments Sub' e'ct is of conventional ranch desi n. Exterior Walls T-11l frame o None 0 Floor o Roof [XI Walls Fo er Livin Dinin Kitchen Den Famil Rm. Rec. Rm. Bedrooms No. Baths Laundr Other 1 + 1 Area l+Pull an 3+ 3 1 Finished area above rade contains a total of rooms Kitchen Equipment: [KJRefrigerator [XJRange/Oven HEAT: Type HWBB Gas Floors Carpet Over Ply DPlaste, 0 []gAverage 0 Fair 0 Poor []I! Linoleum o Tub recess Special Features (including energy efficient items) Brick fireplace; slightly vaulted living room-kitchen ceilings lhh1. sq. ft. BsmtArea sq.ft. ~Washer ~Dryer IKJ+Pu man lXJ Adequate. D Inadequate Good Avg. Fair Poor Quality of Construction (Materials & Finish) 0 [XI 0 0 Condition of Improvements 0 [jJ 0 0 Rooms size and layout 0 []g 0 0 Closets and Storage 0 []l 0 0 Insulation-adequacy 0 !]I 0 0 Plumbing-adequacy and condition 0 []I 0 0 Electrical-adequacy and condition 0 ~ 0 0 Kitchen Cabinets-adequacy and condition 0 []I 0 0 Compatibility to Neighborhood 0 csa 0 0 Overall Livability 0 rn 0 0 Appeal and Marketability 0 rn 0 0 Yrs Est Remaining Economic Life--32-to--3..5.Explainiflessthan Loan Term of structure 19' x l2"stora e shed 16' x 3' ATTIC: CXIves DNo o Stairway o Drop.stair OScuttle 0 Floored Finished (Describe) Unfinished 0 Heated CAR STORAGE: .OGarage 0 Built-in D Attached D Detached []I Car Port No. Cars 1 [Xl Adequate 0 Inadequate Condition FIREPLACES, PATIOS, POOL, FENCES, etc. (describe) De off rear COMMENTS (including functional or physical inadequacies, repairs needed, modernization, etc.l , I eri ualit of construction is onsidered avera e. r shows minor si ns of and materials Both' interior wear tical h FHLMC Form 70 Rev. 10/78 ATTACH DESCRIPTIVE PHOTOGRAPHS OF SUBJECT PROPERTY ANO STREET SCENE FNMA Form 1004 Rev. 10/78 ,.....,. VALUATION SECTION Purpose of Appraisal is to estimate Market Value as l.., ,jled in C'~rtjfication & Statement of Limiting Condi~ ;$ (FHLMC Form 439/FNMA Form 10048). If submitted for FNMA, the appraiser must attach (1) sketch Or map showing location of subject, street names, distance from nearest intersection, and any detrimental conditions and (2) exterior building sketch of improvements showing dimensions. Measurements No. Stories Sq. Ft. ESTIMATED REPRODUCTION COST - NEW _ OF IMPROVEMENTS: 41. 5 x 36 x 1 1494 Dwell;ng 1663 Sq. Ft, @ $ 50 $ 83 150 r 13 x 14 less 1x 1 [1821 Sq. Ft. @ $ 18 x 19.5 x 1 351 Extras x x x x Special Energy Efficient Items Porches. Pat;os. etc, +storage 276SF @ $7 GaragelCar Port 182 Sq. Ft. @ $ 10 Site Improvements (driveway, landscaping, ete.) Total Estimated Cost New 13% Physical I Functional Less Depreda60n $ 11. 947 $ -0- Depreciated value of improvements. ESTIMATED LAND VALUE . , . (If leasehold, show only leasehold value) 1 932 1 820 5 000 $ 91 902 x x Total Gross Living Area (List in Market Data Analysis below) 1663 Comment on functional and economic obsolescence: Qll;::a 1; 'ty of finish work and some interior design details are growing outdated in style but are not considered obsolescent,in this rice cate or La out a ears functional. Guest a artment ma have s ecial a eal for some bu ers but is not a legal rental unit. I Econom ic $ -0- - $111 947 $ 79 955 $ 150 000 INDICATED VALUE BY COST APPROACH. $ 229 955 The undersigned has recited three-recent sales of properties most similar and proximate to subject and has considered these in the market analysis. The descrip- tion includes a dollar adjustment, reflecting market reaction to those items of significant variation between the subject and comparable properties. If a significant item in the comparable property is superior to, or more favorable than, the subject property, a minus (.) adjustment is made, thus reducing the indicated value of subject; if a significant item in the comparable is inferior to, or less favorable than, the subject property, a plus (+) adjustment is made, thus increasing the indica- ted value of the SUbject. ITEM Subject Property Riverside I COMPARABLE NO, 1 Riverside I Lot 21 COMPARABLE NO.2 East Aspen Blk. 52 COMPARABLE NO, 3 Mt. Valley III Lot 85 ext doo 1 mile N A '$ 165 000 : $ 12 , '$ 225 000 '$ 2 1 2 '1 $ :$ '$ Total 1 B-rms I Baths , 6 3 1663 3 Total I B-rms I 4 3 1283 Baths -3 4 1+10 Su erior -20 000 Su erior '+10 Similar -0- Su erior 1969 -0- 1972 +5 Good -5 000 Similar I i Baths J , Total I B-rms Total I B-rms I Baths +2,000 6 3 : 2 I +2,000 5 I 4 :2-3/'4 +9 500 1235 S .Ft. I +11 000 2060 S .Ft. -10 -0- Greenhouse -10,000 Similar -0- Sin le famil +3 000 Sin le famil +3 -0- Similar -0- Similar +3 000 None +3 000 1 car ara e DESCRIPTION e e Inferior Panabode 1965 Fair-av ood S .Ft. S .Ft. None Similar SF + uest None 1 Car ort Deck SF + uest Similar None Similar -0- Similar -0- Similar -0 None Similar -0- Similar -0- Similar -0 Average Similar -0- Similar -0- Similar -0 Conv. Similar I I I :$ -0- 64 000 Similar -0- Similar -0 IX] Plus; Minus '$ 4 000 Plus; !XJMinus 1$ 19 000 :$ I 229,000 ,$ 231,000 I[] Plus; 0 Minus Comments on Market Data Sale 1 is de i n uali located next and a eal. o :$ 229,500 door to the Sales 2 a d r i i subOect buti our oldest sale and is inferi r 3 are reas nabl com rable homes located i of m INDICATED VALUE BY MARKET DATA APPROACH $ 230 000 (If applicable) Economic Market Rent $ N / A /Mo. x Gross Rent Multiplier_;:: $ N A This appraisal is made :[] "as is" 0 subject to the repairs, alterations, or conditions listed below 0 completion per plans and specifications. Comments and Conditions of Appraisal: None INDICATED VALUE BY INCOME APPROACH I I ! , , Finat,Reconciliation: a bu er directs that we ive this a roach least wei ht. We ive most emphasis to the actions of buyers of similar neighborhood homes as outlined in the market CocJitrt8tfon Warranty 0 Yes U No Name of Warranty Program Warranty Coverage Expires This appraisal is based upon the above requirements, the certification, contingent and limiting conditions, and Market Value definition that are stated in o FHLMC Form 439 (Rev. 10/78)/FNMA Form 10048 (Rev. 10/78) filed with client 19_ []t attached. I ESTIMATE THE MARKET VALUE. AS DEFINED, OF SUBJECT PROPERTY AS OF May 18 19l.9........ to be $ ~~ " Review Appraiser (If applicable) o D;d o Did Not Physically Inspect Property FHLMC Form 70 Rev. 10/78 FNMA Form 1004 Rev. 10/78 1"""\ ,. .1 , !'l , Comments (continued): Your appraisers are aware that the function of this appraisal is to aid in establishing a list price for the subject, In this regard, as a result of vagaries typical of the Aspen residential market, the scarcity of homes in this price category, the rapidly appreciating prices and a need for room for market negotiations, we suggest an actual list price higher than our appraised value, say $250,000, be selected as appropriate. During the course of the listing period, this list price should be reviewed for possible minor adjustments to reflect market trends. ~ .~ (i Sketch of Subject 19' 12' Deck 36' - - 22' One level frame 28.5 16' residence 3' I 18' 19.5' 13' One car carport 40' 14' 1'" /1?,4-7?r/l'lV5~ Not to scale; dimensions are approximate; for descriptive purposes only. I t""",. --' .i /, 06 .... ~. 5 ("~' 1.(,4., i 5 $,<< ".I, '5 ') 4 ~ "- i? 'I ~" oti . 2 <i' ! 3L . ""- ~ . ~'v. '/ 9,;-""- ,--...~ / <: 6~ ' ' I" , . ~, - ~ -s."f'J ~61/ , 5~ _, . - ~ ~ - ";i . L r;I~~1 I 2 \' .~,.3C;S_) \ / A:) , , ", r ASP~ WE\\! ~ -' J .' c', ',. --', !-J --:---........\ k:5. \ ~ "1~T. ~ Etjt~~ ~5.2 - ,_ . .' . t::;. t 2 3 4 ~\\" a .;i{U !1l1/WI ':,,,, TI, .ox r ___ ,I' /. ), ~~;i';: ~ ~ ' c :l1 /", "/kj'" 1 I IN ~ \ '2 34 · 'iI ^ ""0' I 2' \~'. . l~: $i 0 .;' ",...I,~ .L.:.....'>>. /0 . ' D,IlE .lYE., '..,., ~ I ,_' " ~, 'l'~~ - . 4- ~ 2.;>og,cr ' , ". - L " >; '~.'t,,,,, '-~;;11 1 ' \~ >- c--" f& I' '4' " ""~" 9" .' \1" ~ c- I'! /'~i ..... J.' ,7 F:N~ ~ ';j G~ , "! ~ ~ f I~ '....... 18 ~v 3 in _ '"]:::{ -'- 8'C/ :( 2 ~~~ 19 -C\J 6 ;' ~!~ ~""~'rI'5 ..NOl ,\' 6 - . :r . ~. 6 iSllEl ""\ / Q::";" ~ r\. ~~.) 'I l.... 3/ ~' I . : 1==. O~ ~~~ ~1 .'~ ~~:z." ''1:).2<<, I., ,\V' _ ~ ~ ' -1""~ ~\ · d4_, '. '~\ ~ ..:: ~,'/ -j \5 6 '" 'J?14" fRt~'!5.oo, 25 ." .~V. j;, 4 K~% .' . .".\\- p,- \\ --, t-- . 6' ~5 '\~ /.:1~'V s . ~.~ l 'e r- . . . . ~. 16 1 10--; (~I W 30._", M i ' '~, ~""~ C129 " ";-\ . . . .17 ~ lA' ~~ \~~Ot. 23y - ~ 28 2 ' '" ,~" ' ,.',~:,; 21 · ~,. C '~27.t .. !~'J"!i ., ";;. i9 I ", ~ ",:;;r " ,\"o~ ..; ~ " ~25, ' " O";! 8 72/14 Ii;. <to ~ )RYS:~"90 ~ 8 ~ 24 2 \"l" 9,~ 14 :, LA~ ~ 9.q r~ 9 ~~\-\l-\ ~~ '--,.. 10 . DO; I . l : :.. 2 13 /4 - , ,-1- '.- (~2A =' , ~ )., 14 t-r .' Ct;'YSr.llL I LM E. R D, . -r'f/GftW4Y No, 82 - -, C LAHAN \ . . I. -'~ .13. -"'_II .1_ _ ~ (I ~ '~'l )'" '. L', _ ':'- ~ ", - . :.:..:.. '-"!.~. , - , , , -<-.:.: < ~ (fJ -, ASPEN GROVE CEMETERY \ " \ -- o () '~~...' .~ / ' i] t') DEFINITION OF MARKET VALUE: The highest price in terms of money which a property will bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowJedgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he considers his Own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in cash or its equivalent; (5) financing, if any, is on terms generally available in the community at the specified date and typical for the property type in its locale; (6) the price represents a normal consideration for the property sold unaffected by special financing amounts and/or terms, services, fees, costs, or credits incurred in the transaction. ("Real Estate Appraisal Terminology," published 1975.) CERTIFICATION AND STATEMENT OF LIMITING CONDITIONS CERTIFICATION; The Appraiser certifies and agrees that: L The Appraiser has no present or contempJated future interest in the property appraised; and neither the employment to make the appraisal, nor the compensation for it, is contingent upon the appraised value of the property. 2, The Appraiser has no personal interest in or bias with respect to the subject matter of the appraisal report or the partici, pants to the saJe. The "Estimate of Market VaJue" in the appraisal report is not based in whole or in part upon the race, color, Or national origin of the prospective Owners or occupants of the property appraised, or upon the race, color or national origin of the present owners or occupants of the properties in the vicinity of the property appraised. 3. The Appraiser has personally inspected the property, both inside and out, and has made an exterior inspection of all . comparable sales listed in the report. To the best of the Appraiser's knowledge and belief, all statements and information in this report are true and correct, and the Appraiser has not knOWingly withheld any significant information. 4, All contingent and limiting conditions are contained herein (imposed by the terms of the assignment or by the under- signed affecting the analyses, opinions, and conclusions contained in the report). 5. This appraisal report has been made in conformity with and is subject to the requirements of the Code of Professional Ethics and Standards of Professional Conduct of the appraisal organizations with which the Appraiser is affiliated. 6, All conclusions and opinions concerning the real estate that are set forth in the appraisal report were prepared by the Appraiser whose signature appears on the appraisal report, unless indicated as "Review Appraiser." No change of any item in the appraisal report shall be made by anyone other than the Appraiser, and the Appraiser shall have no responsibility for any such unauthorized change. CONTINGENT AND LIMITING CONDITIONS: The certification of the Appraiser appearing in the appraisal report is subject to the fOllOWing conditions and to such other specific and limiting conditions as are set forth by the Appraiser in the report. 1. The Appraiser assumes no responsibility for matters of a legal natUre affecting the property appraised or the title there. to, nor does the Appraiser render any opinion as to the title, which is assumed to be good and marketable, The property is appraised as though under responsible ownership. 2, Any sketch in the report may show approximate dimensions and is included to assist the reader in visualizing the prop' erty, The Appraiser has made no survey of the property, 3. The Appraiser is not required to give testimony or appear in court because of having made the appraisal with reference to the property in question, unless arrangements have been previousJy made therefor. 4. Any distribution of the valuation in the report between land and improvements applies only under the existing program of utilization. The separate valuations for land and building must not be used in conjunction with any other appraisal and are invalid if so used. 5. The Appraiser assumes that there are no hidden or unapparent conditions of the property, subsoll, or structures, which wouJd render it more or less valuable, The Appraiser assumes no responsibility for such conditions, or for engineering which might be required to discover such factors. 6. Information, estimates, and opinions furnished to the Appraiser, and contained in the report, were obtained from sources considered reliable and believed to be true and correct. However, no responsibility for accuracy of such items furnished the Appraiser can be assumed by the Appraiser. 7, Disclosure of the contents of the appraisal report is governed by the Bylaws and Regulations of the professional appraisal organizations with which the Appraiser is affiliated, 8. Neither all, nor any part of the content of the report, or copy thereof (including conclusions as to the property value, the identity of the Appraiser, professional deSignations, reference to any professional appraisal organizations, Or the firm with which the Appraiser is connected), shall be used for any purposes by anyone but the client specified in the report, the borrower if appraisal fee paid by same, the mortgagee or its successors and assigns, mortgage insurers, consultants, professional appraisal organizations, any state or federally approved financial institution, any department, agency, or instrumentality of the United States or any state or the District of Columbia, without the previous written consent of the Appraiser; nor shall it. be conveyed by anyone to the public through advertising, public relations, news, sales, or other media, without the written consent and approval of the Appraiser. 9. On all appraisals, subject to satisfactory completion, repairs, or alterations, the appraisal report and value conclusion are contingent upon completion of the improvements in a workmanlike manner. / Date:,. ,:;iIX/?,7, FHLMC FORM 439 REV. to/78 Appraiser(s) , ,~~, , , ~ ' ..... ........... FNMA FORM f0048 REV. 10/78 lames J. Mollica ({ ,~ssaciatcs, ; tl Real Estate Appraisers and Consultants Crystal Palace Building. 300 East Hyman Avenue. Aspen, Colorado 8161 1 . 303/925-8987 Aspen, Colorado QUALIFICATIONS OF APPRAISER Scott M. Bowie, R,M, PROFESSIONAL AFFILIATIONS: Residential Member,. American Institute of Real Estate Appraisers Licensed Real Estate Broker in the State of Colorado Member of Aspen and Colorado Boards of Realtors Member of National Association of Board of Realtors EDUCATION: Harvard University, BA, 1971. Phi Beta Kappa, Magna Cum Laude University of Colorado Continuing Education Division: Real Estate Law Real Estate Finance American Institute of Real Estate Appraisers: Course I-A, Principles Course VIII, Residential Course l-B, Capitilization Techniques Course 2, Urban Properties BACKGROUND AND EXPERIENCE: Associate Appraiser, James J. Mollica & Assoc., Aug. 1976 - present Colorado Real Estate Broker, 1974 - present Condominium Property Management, Durant Condominiums, Aspen, Colorado, 1971-76 MAJOR CLIENTS SERVED: Aspen Industrial Bank Aspen Savings and Loan Assoc. Bank of Aspen City of Aspen County of Pitkin Empire Savings and Loan Assoc. First National Bank of Aspen First Western Mortgage Corp. Majestic Savings and Loan TYPES OF PROPERTY APPRAISED: Single Family Residential Condominium Vacant Land FUNCTIONS OF APPRAISALS: Acquisition Condemnation Estate Planning Insurance Listings Mortgage Partition Sales Tax Planning Recorded at,....f.(..'!.......o'cIOCk.,.....f....M., ..'n'...!.>!!Z!<.~,1;..},L,..J.O...'..'.....m....'.... BOOK 215 PAG 165 Reception N o.."J,?J.9.9,~......... ,.........r.~ggy....I2.....,QQJ?.J&."....',..,",...,....",Recorder. RE,CORDER'S STAMP THIS DEED, Made this 31st day of August, 19 65, between - a/k/as Earl Kelly EARL J. KELLY/and PATRICIA J. KELLY, a/k/as Patricia Jean Kelly nee Patricia Jean Lumsden '0.' ~ of the County of Pi tkin Colorado, of the first part, and and State of WOLF J. BEYER and RIA MARIE BEYER of the County of WITNESSETH, that the said part Pi tkin and State of Colorado, of the seco'nd part: of the first part, for and in consideration of the sum of TEN'($lO.OO)--------------------~------~-~~~---------~--~--- DOLLARS, to the said parties of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha ve granted, bargained, sold, and conveyed, and by these ~resents do grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenar:cy i~common but in joint tenancy, all the following described lot or parcel of land, situate, lying and being in the County of ,Pitkin and State of Colorado, to-wit: Tract No. 1. described as fo116ws:. All of Lot No, 22 (twenty-two) in Block 1 o'f 'the Riverside Subdivision according to the plat on file as document No, 102218 Di.tch Book2-A, page: 179, Clerk and Recorder's Office for Pi tkin County, Colorado Except that portion thereof wh:i:h is t.o b"conv"yed as a public road, and ,I more fully described as follows: . A stFip twenty (20) feet wide. along the entire North bOlindary of Lot No.. 22', 'arid a strip thirty feet wide (30) along the entire West boundary' of Lot No. 22. Lot No, 22 c'ontains 7888 sq. ft. more or less. Subject to all of the restrictions contained in th"!t.c~!'tain -Agreem~nt Providing for Restrictions for the Riverside SU94iyision, recorded as document No. 102222, Book 180, page 351, and subject to jlhat certain Declaration rec.orded as document No, 104938, Book 179, page 586, in the Clerk and ReCorder's office f Pitkin County, Colorado. Tract No.2, described on revers ide side: TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appel"tai~jng, the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, c1aitrl and demand whatsoever of the ,said part ies of the first part, either in law or equity, of, in and to the above bargained premises" wIth the.h,~redit<ll?J:~~ts,~tl~l ,appurtenances. TO HAVE AND TO HOLD the said premises above bargained aud described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said part ies of the first part, for them selves , theiIheirs, executors, and administrators do covenant, gra.nt, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the en scaling and delivery of these presents they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estateot inheritance; in law, in fee simple, and ha ve good right, full power and lawful authority. to grant, bargain, 5eH and convey the same in manner and form aforesaid, and that the same are free and clear from all former and otheriratlt,s. bargains, sales, liens, ta..'"{es, assessments and encumbrances of whatever kind or nature soever, except taxes for 1965 due in 1966; excepting any reservations contained on Patents from the United States; and the above bargained premises in the quiet and peaceable possession of the said parties of the second par.~, their heirs and'assigns, against all and every person or persons lawfully claiming or'to claim the whole or, any part t~efeof, the said part of the first part shall and will WARRANT AND FOREVER DEFEND, IN WITNESS WHEREOF the said part ies of the first part h3\1e hereunto settheirhands and seals the day and year first above written. c-.:: ,,-, '"'" ~ D"-" . ~ ~-"I 2a.:... J~-...._r"AC] ! =:=::==:.:== I ~-_._~~::::: STATE OF COLORADO, County Pi tkin Ls, J The foregoing instrument was acknowledged before me this 31st day of August, 19 65. by' a/k/as Earl Kelly ,,,,,,.. .'", ., EARL J. KE~/and PATRICIA J, KELLY, a/k/f;..s P.at,riG,.ia Jean KeJly ,,~ sMff .c~is~ion expires 1'1 ' 19~. Witness'ihY\iand~~lMfi~ial ~.m~n Lums en ~\(,.o'.."".....!c? j'" " ',' '..... T -....' /\\ 12 ~ c' '::> fi .'" - L .LJ-. /7 \:"D \ Rt' \0" ~ ,.. .n...n.... ..~..~..., ~ j ........'-Jl.. ^ : l" :- Notary Public. _ "~..r-<V~: J. .::. ~.~ ,cU'[] l\\';; 0 '. \J'"J . . , .. c;, ,2 ~'..'~0.", . :"oNo:.92.1...~~~TY DEED-:-To Joint Tenants.-Bradford~Robblson Printing Company,1824-46Stotit Street, Denver, Colorado t C r.~Ij:., N\.J.~tu:ttl person or persons here Insert na.me or names; if by person acting in representative or official capacity or as \ ,,~ttbrn8fj\.1.I'r~.:t;R>Ct, then insert name of person as executor, attorney-ln~fact or other capacity or description; if by officer of cor- poration. .them insert name of such officer Or officers as the president or otherofflcers of such corporation, naming it.-Statutory ACknowledgment, Sec. 1l8~6~1 Colorado Revised Statutes 1953. ----- I. I