HomeMy WebLinkAboutcoa.lu.rz.216 E Hallam St.A096-012737-073-14-001 A096-01
216 E. Hallam St. Rezoning and All
Vacation
i�
_t
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen,%Color ldo 81611
(970) 920-5090
City of Aspen
FF
Land Use:
1041
Deposit
1042
Flat Fee
1043
H PC
1046
Zoning and Sign
Referral Fees:
1 163
City Engineer
1205
Environmental Health
1190
Housing
Building Fees:
1071
Board of Appeals
1072
Building Permit
1073
Electrical Permit
1074
Energy Code Review
1075
Mechanical Permit
1076
Plan Check
1077
Plumbing Permit
1078
Reinspection
1079
Aspen Fire
Other Fees:
1006
Copy
1165
Remp Fee
1302
GIS Maps
1303
GIS Fee
1481
Housing Cash in Lieu
1383
Open Space Cash in L
1383
Park Dedication
1468
Parking Cash in Lieu
Performance Deposit
r1268
Public Right-of-way
1 164
School District Land L
TOTAL
NAME:
ADDRE:
PHONE:
CHECKI
VASE/P
"P: . ' - IIN11 It1 L:
SCALE
6
0 5
VAQ
OF-w' • ca
AY >.
Pf gSN S
j
RIGHT,OF, WAY
"RE`r
l.
14.9J 1%.r. /
t978 TIE WEST 6.6 CHI
TO T954 BLM MON. �/
m J
ao
0
O
A
w
JJ V_ )�
61INno
SECTION 7, TOWNSITE 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN
PITKIN COUNTY, COLORADO
LOTS D, E, H, AND I, BLOCK 71 ORIGINAL ASPEN TOWNSITE
AKA LOTS D. E, N, AND 0, BLOCK 71 ORIGINAL ASPEN TOWNSITE
FROST PROPERTY
z
i
Z
O
oa
C
O Q f
U O N
V
U m
U
N �D
F 1~if O V1
IW-
N
L>S
O-
J W
N a<
N n
\ o Q O W
\ W
19.
O K W N Ix
Z=
O
S
/-It�j
;2z0
•
wN� 40
N 14'50.49"
LT.
34 80
W
y.
C
LECTROC y►0
LE 5�
/ \
ELEC
SWITCI
ELECTRIC TOE
l)Iq
,�--
TOE SLI
8L2
rryy H
N
WO T ' 4'r
E
__ "t``
S
1'.
gyp �_
.w63u
4 h~
TOE SLOPE
/ duo76.4
0 a o0
U
J U N
W - (V
N
ELECTRIC TRANSFORMER
N Q
IL v
UTILITY PEDESTALS
N d N
/
\ O
W W
C
z F
I
O 3
N
0-
0
V
/
i
n
O �
4U
SEWER MANHOLE
1
FOUND 2" SQUARE CONC.
MONUMENT MARKED MSN 0-25
CONTROL POINT
SURVEYOR'S CERTIFICATE
w'
0
FOUND 1954 BLM
BRASS CAP MONUMENT
SPM 1954 1978
FOUND 1978 BLM
BRASS CAP MONUMENT
wy
NOTES
t�
1.
AN ORIGINAL PLAT (MAP) PRINT PREPARED AS A PICTORIAL REPORT OF SURVEY BEARS
AN ORIGINAL (INK) SIGNATURE AND SURVEYOR'S SEAL. REPRODUCTION COPIES OF A
PLAT (MAP) PRINT SHOWING SURVEYOR'S SIGNATURE AND SEAL MAY CONTAIN
FRAUDULENT, INCORRECT, ERRONEOUS, OR MISLEADING INFORMATION. POSSESSION
OF SUCH REPRODUCTION COPIES AND THE USE OF THE INFORMATION THEREON IS
UNAUTHORIZED BY SURVEYOR. DOCUMENTS PREPARED BY SURVEYOR AND WITHOUT A
SIGNATURE AND SEAL ARE TO BE VIEWED AS PRELIMINARY WITH ALL INFORMATION
SHOWN SUBJECT TO CHANGE.
2.
TFE BASIS OF BEARINGS FOR THIS SURVEY IS THE RECORD BEARING OF SOUTH
75'09'11" EAST, SAID BEARING WAS ESTABLISHED BETWEEN THE FOUND ORIGINAL
1959 CITY OF ASPEN BLOCK CORNER MONUMENT AT THE SOUTHEASTERLY CORNER OF
ASPEN ST. AND HALLAM ST. AND THE FOUND MONUMENT AT THE SOUTHWESTERLY CORNER
OF MONARCH ST. AND HALLAM ST. THE FOUND MONUMENT AT ASPEN ST. AND HALLAM
ST. WAS USED AS THE BASIS OF LOCATION. THE FOUND MEURER SERAFINI MEURER
MSM 0-25 SHOWN HEREON WAS USED FOR THE LOCATION OF LOT 4, TRUEMAN
NEIGHBORHOOD COMMERCIAL PROJECT.
3.
THE FOUND U.S. BUREAU OF LAND MANAGEMENT (BLM) BRASS CAP MONUMENT SET IN
1954 AS CORNER 5, OF THE ASPEN TOWNSITE ESTABLISHED THE NORTHWESTERLY END
OF THE ASPEN TOWNSITE LINE 4-5. THE FOUND 1978 BLM BRASS CAP MONUMENT
CORNER 5, ASPEN TOWNSITE WAS USED TO ESTABLISH THE 1978 LOCATION OF SAID
CORNER. THE CORNER 38 EAST ASPEN ADDITION, (EAST ASPEN TOWNSITE), WAS
REPORTED IN 1954 AS BEING ON THE ASPEN TOWNSITE BOUNDARY LINE 4-5. THIS
MONUMENT FOR CORNER 38 HAS BEEN OBLITERATED AND LOST. THE 1954 AND 1978
BLM SURVEYS ESTABLISHED'TIES FOR THE CORNER. THE TIE TO THE SOUTHEASTERLY
CORNER OF THE GLIDDEN HOUSE WAS USED TO ESTABLISH THE CORNER POSITION.
THE PRESENCE OF THE GOVERNMENT AND PRIVATE SURVEYS ALONG ASPEN TOWNSITE
BOUNDARY LINE 4-5 HAS CREATED GAPS AND OVERLAPS FOR THE PROPERTIES
ADJOINING SAID LINE.
4.
THE LOCATION OF LOT 4, TRUEMAN NEIGHBORHOOD COMMERCIAL PROJECT WAS
ESTABLISH BY USING THE SUBDIVISION PLATS RECORDED IN PITKIN COUNTY.
5.
LOTS D & E, H & 1, (N & 0). BLOCK 71 ORIGINAL ASPEN TOWNSITE ARE OFFICIALLY
3o BY 100 FEET AS DEPICTED ON THE OFFICIAL MAP OF ASPEN, APPROVED IN 1959.
THE APPROVED PRACTICE OF DIVIDING THE TOTAL FIELD MEASURED BLOCK LENGTH BY
TILE NUMBER OF LOTS WITHIN SAID BLOCK ESTABLISHES A FIELD LOT WIDTH OF
2=, �1. FELT FOR THOSE IN BLOCK 71- THIS DISTANCE IS AN ADJUSTMENT SO AS TO
EQUATE THE FIELD WORK OF TO -DAY WITH THE FIELD WORK OF YESTERDAY.
6.
THE UTILITY LINES SHOWN HEREON ARE FROM FIELD OBSERVATIONS OF LOCATION
MARKINGS PLACED ON THE GROUND BY THE UTILITY REPRESENTATIVE.
7.
T141S SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SURVEYOR TO DETERMINE
T'TLE OR EASEMENTS OF RECORD. RESEARCH FOR THIS SURVEY WAS PERFORMED IN
ACCORDANCE WITH COLORADO REVISED STATUTES 38-51-106 AND THE RULES OF
PROCEDURE AND BOARD POLICY STATEMENTS OF THE STATE BOARD OF PROFESSIONAL
ENGINEERS AND PROFESSIONAL LAND SURVEYORS, SPECIFICALLY THOSE BOARD RULES
AND POLICY STATEMENTS RELATING TO THE DEPICTION OF EASEMENTS AND RIGHT-OF-
WAY ON SURVEY PLATS. THE TITLE POLICY FROM LAND TITLE GUARANTEE COMPANY,
ORDER NO. 0382826, DATED JANUARY 29, 2002 AT 5:00 P.M. WAS RELIED UPON FOR
ALL INFORMATION REGARDING EASEMENTS, RIGHTS -OF -WAY, TITLE, AND CIVIL COURT
AC''ONS OF RECORD.
8.
THE '�)CUMENT LISTED BELOW WERE USED IN ASCERTAINING THE LOCATION OF THE
PZOPE8TY SHOWN HEREON. THERE MAY EXIST OTHER DOCUMENTS THAT COULD EFFECT
THIS PROPERTY BOUNDARY LOCATION, BUT THEY ARE UNKNOWN TO SURVEYOR.
--J''A) THE OFFICIAL MAP, CITY OF ASPEN, APPROVED 1959
y B) THE TRUEMAN NEIGHBORHOOD COMMERCIAL PROJECT PLATS RECORDED IN 1977.
C) THE BLM 1954 TELLER, ADVANCE DATA FIELD NOTES, THIS SURVEY WAS NEVER
APPROVED.
D) THE BLM 1978 RESURVEY, APPROVED 1980.
E) THE 1896 WILLITS MAP OF ASPEN.
F) THE PLAT OF EAST ASPEN ADDITION, (AKA ASPEN TOWNSITE ADDITION), AND
HUGHES ADDITION.
G) DEED TO JAMES TRUEMAN, BOOK 276 AT PAGE 604.
H) MEURER SERAFINI NEURER 1966 BOUNDARY SURVEY, DENVER RIO GRANDE WESTERN
R.R. CO.
9.
THIS PROPERTY IS LOCATED ON THE PITKIN COUNTY, COLORADO AND INCORPORATED
AREAS, NATIONAL FLOOD INSURANCE PROGRAM, FLOOD INSURANCE RATE MAP DATED
JJNE 4, 1987, COMMUNITY -PANEL NUMBER 08097 CO 203 C. THE PROPERTY IS
WITHIN THE ZONE "X", OR IN THE AREA OUTSIDE THE 500-YEAR FLOOD PLAIN.
10.
NO NEW CORNERS FOR PROPERTY CORNERS WERE SET DURING THIS SURVEY. THE
e k
BEARINGS AND DISTANCES MARKED AS "RECORD" ARE FROM THE OFFICIAL MAP OF
ASPEN. THE FIGURES MARKED "FIELD" ARE ADJUSTED TO CORRESPOND TO FIELD
CONDITIONS. THE DIFFERENCE IN FOUND PROPERTY MARKER POSITION AND
SURVEYOR'S CALCULATED LOCATION ARE NOTED.
/ 11.
THE EXISTING WOOD FRAME HOUSE WAS FOUND WITHIN LOTS H & I, (N & 0), OF
BLOCK 71, ORIGINAL ASPEN TOWNSITE, THE BARN WAS FOUND TO BE LOCATED ON
LOTS D & E, BLOCK 71 AND ENCROACHING LOT 4, TRUEMAN NEIGHBORHOOD COMMERCIAL
FROJECT.
I, LOUIS H. BUETTNER, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO
HEREBY CONFIRM THAT THIS SURVEY PLAT WAS MADE FROM FIELD NOTES OF A SURVEY OF
THE ABOVE DESCRIBED PROPERTY MADE BY MYSELF, OR UNDER MY DIRECT RESPONSIBILITY,
SUPERVISION, AND CHECKING. THE MONUMENTATION SHOWN HEREON ON THE PROPERTY WAS
DETAILS SHOWN HEREON ARE CORRECT
DATE
NOTICE: ACCORDING TC COLORADO LAW YOU MUST COMMENCE ANY LEGAL
ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS
LOUIS H. BUETTNER SURVEYING AFTER YOU FIRST DISCOVERED SUCH DEFECT. IN NO EVENT. MAY ANY
0040 WEST SOPRIS CREEK ROAD ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE
BASALT, COLORADO 8162) THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON.
970-927-3611
J C74, m v
LEGAL DESCRIPTION
LOTS A THROUGH I AND LOTS K THROUGH S. TOGETHER WITH AND INCLUDING
A CERTAIN STRIP OF LAND AS AN ALLEY EXTENDING THROUGH OR BETWEEN
SAID LOTS. BLOCK 64. CITY AND TOWNSITE OF ASPEN '
LOTS E. F. G AND FRACTIONAL LOTS A. R. AND C. BLOCK 71. CITY AND I� -7 a V
TOWN31TE OF ASPEN
TOGETHER WITH THE VACATED PORTIONS OF NORTH ASPEN STREET AND THE
ALLEY OF BLOCK 71 LYING ADJACENT TO THE ABOVE DESCRIBED PARCELS
OF LAND. CITY AND TOWNSITE OF ASPEN
COUNTY OF PITKIN. STATE OF COLORADO
i
I S
CITY MON.
iIORZ. CNTL.
FIRE HYDRANT
�l
1I
�� F
REBAR NO CAP � T
G
TELE
BOX
SWOR• � �� �^�._
A Q PEN ARTS AND RECREATION CENTER
P.U.D. PLAN
PER P. U. D. AGREEMENT RECORDED IN BOOK _ PAGE
v� vim.
G�'9 SST �D°'O�Dvr
J
krr.Ec Af
MEM
nl�'r'i►mom::_:
AN-, 1wrTT-1
`3
a.
SCALE
I INCH - 20 FEET
RQ i 0 s0 SO 40
t K
PROPERTY OWNER & APPLICANT
CITY OF ASPEN
130 S•,. GALENA ST.
ASPEN. COLORADO 81611
LOT 4 TAVEMAN NEIGHBORHOOD
i COMMERCIAL PROJECT
f ! / GENERAL PUBLIC UTILITY EASEMENT
1 � ,
GRANTED TO THE CITY OF ASPEN
TRASH • / / BY BOOK 359 AT PAGE 900 �T?•
/ ! C ` 1 12 / STORAGE
A
V `4 Tc- pOC7 .�/ AREA / I / TRAIL
O`TD /' C� A 0 tt•os• / re.�• / \/ CONNECTION
/ O
BR I CK SCHOOL / _j ti / �/
).t.
`t Z O N I N G P U B L� I C l
(JA o
VA
ORD %/ m
2,9- �
CITY COUNCIL APPROVAL
THIS ASPEN ARTS AND RECREATION CENTER P.U.D. PLAN WAS REVIEWED AND
APPROVED FOR CORDING BY THE CITY COUNCIL OF THE C TY OF ASPEN THIS
JO DAY OF 1993 BY ORDINANCE NUMBER RECORDED IN
BOOK _ AT PAGE 0 THE PITKIN COUNTY RECORDS.
SIGNED THIS _ DAY OF yg3
r�
ATTEST:
MAYO CITY CLERK
PLANNING AND ZONING APPROVAL
THIS ASPEN ARTS AND RECREATION CENTER P.U.D. PLAN WAS REVIEWED
AND APPROVED FOR RECORDING BY THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION THIS DAY OF !- 1993 BY RE50LUTION NUMBER It
SIGNED THIS _ DAY OF 1993.
CHAIRMAN
CITY ENGINEER'S APPROVAL
eupw:m�j:: ..
THIS ASPEN ARTS ANDr4tQ� l NS ,LATER P.U.D. PLAN WAS REVIEWED
AND APPROVED FOR R C04ITY OF ASPEN ENGINEERING
DEPARTMENT THIS j
MfAY OF 1993,
CITY EMO I NEER
,w UAL
CITY PLANNING DIRECTOR'S APPROVAL.
THIS ASPEN ARTS AND RECREATION CENTER P.U.O. IN" wyIEo"
AND APMQVED FOR DI BY THE CITY OF am P ik Bi T�
ITNI OAY OF 1003.
► ING DIRECTOR
SURVEYORS CERTIFICATE f;
THE UNDER3I11111ED STATES THAT THE tRoPERTY LIW1 ' I<IiLD
SURVEYED DURING FES. 23 T#1R0W jF. ipNj is sell P THE
FIELD IVIPUCE LDS SHM. 40 TMAT TNW an #p ¢# CFO NF OD D
BOUNDARY LINE CO# LIGTB. EMCRQAC#R�#IT �j i OF %W #y
FIELD EV I OEIIGE OR ENOB11 TO "CEtT As AS MOT".
UNDERGROUND UTILITIES WITH NO ABOVEGRO.W A►►URTENAMG i, AND DOC1A#ENTi
OF RECORD NOT "PLIED TO THE BURVEYOR ARE EXCEPTED. "IS SURVEY IS
VOID UNLESS WET STAMPED WITH THE SEAL OF THE SURVEYOR, BELOW, ALL
EASEMENTS SHOWN IN STEWART TITLE OF ASPEN INC. TITLE COMMITMENT
ORDER NUMBER 0008339C4 AND DATED ARE SHOWN HEREON
AND SURVEY 15 PERFORMED IN ACCORDANCE WITH�W.4A?A1. TITLE 38.
ARTICLE 51 AS AMENDED FROM TIME TO TIME, fr {! G.{G
�+ F e
SIGNED THIS Z� DAY OF "*��••� 1993'�•�twSlcyF
mim
DAVID W. Mc BRIDE
RL5 16129
CLERK AND RECORDER* S`ACCEPTAN CE-
:Y OF A ±
THIS ASPEN ARTS AND RECREATION CENTER REZONING MAP_WAS. ACCEPTMD FOR �
RECORDING IN THE OFFICE OF THE CLERK AND RECOFDER.OF PITKIN COUNTY
AT O'CLOCK _ M THIS DAY OF �• 1993 IN PLAT
BOOK 1— AT PAGE AS REC
PTION NUMBER
CLERK AND RECORDER
BARN 't'2• CORRESPONDING PUD AGREEMENT FILED IN BOOK _` AT 'PAGE .._'
WSJ` •
LEGEND AND NOTES
•® FOUND SURVEY MONUMFNT • 5 REBAR WITH NO CAP OR AS NOTED
� .s.
CDR 38 BASIS OF BEARINGS COUND ROUNDHEADS CL OF ASPEN STREET N14'5G 4y•E`
ATA (WEST AS SHOWN
6.6')
30.36') 2 TO 4 FEET OF SNOW AND ICE COVERED PROPERTY AT TIME OF SURVEY
0.36
SE GLIDDEN LEGAL DESCRIPTION IN TITLE COMMITMENT DOES NOT INCLUDE VACATEC
HOUSE ASPEN STREET OR
M as r M ^••� "' INI�
lob
PARCEL EXCEPTED I N TITLE
\ / /
COARIIiNiNr SfiE RK 177 ►G sos
- + !-C-O. TO THE CITY OF AS►NM
�� LAND IJSE TA4I.P
Y
# iR�
R
♦• MIMIMI!M p1BTAMfE RET:EEN WitA1M4Re kt#1 F'sET `� " h 4
0• MAYIMLY "glow li":LuoiND Y19010 Atli of F"T i+ RM,sow
�. MAXINARI FROMT YAK: ID FEET AEIWT � FT. w
�. MIw11RR1 REAR VtARD: is FEET
E. MIMIMUM BIDE TARD: S FEET
MINIMUUM LOT WIDTH: " FEET
•. MINIMUM LOT AREA: 6.009 SO.FT,
I N. TRASH ACCESS AREA: SEE ABOVE
~ e I. INTERNAL FLOOR AREA RATIO 0.75:1
J. MINIMUM PERCENT OPEN SPACE: NO REOUIREMENT
K. OFFSTREET PARKING SPACES: 35 SPACES
EXISTING BUILDING SIZES
ORIGINAL BRICK SCHOOL 14.000 SOFT.
CLASSROOM ADD N 11.240 50,FT.
GYM.BSMT.OFF. ADDN. 10.560 SO.FT. FOUND ROUNDHEADS
N14'50.49'E 100.0•
VICINITY M A P TOTAL SIZE 35.800 SOFT. CL ASPEN STREET
1 BASIS OF REA^•INGS
179
. 46
NY
A
PORTION OF THE ALLEY IN BLOCK 71.
1959 OFFICIAL WP OF THE CITY OF ASPEN WAB USED FOR PR9►ERTT
Lor.ATIOW. NiTM ASP" f1w 40 FAWIS OTOWT ARE WT"I
ON THI B MA► +#Is KI IM Now,
lop Ei,M s{pliEt► 111NP _ 4 r
IN oE'lERM#II1111i TO L0QATi
FOU0 DOE4 MOT amoorg 1 T! To p y F H ."M AIIIIIIIIIIIIII
04L I TERAT" Alp In to"T 14M1 as ip"If
TIE To Tif 4111oluTN"T WWI OF 40
`i
O SET PROPERTY CORNER NO. 4 01 SIR WITM pp
K4. w.401 i -
i SET P-K MAIL BLpY►X SS#NTEOL pgjyT
SURVEY ►RfCIBIOM 00 TO 1r 1:1.1
PARKING #PALM 40 Ili
1
I:
,
PREPARED BY
w ASPEN SURVEY ENGINEERS, INC.
° 210 S. GALENA STREET
P.O. BOX 2505
ACCORDING TO COLORADO LAW YOU MU3T CaMMENCE ANY LEGAL ACTION d' p
RASED UPON ANY DEFECT IN THI' PLAT WITHIN TNP.EE YEARS AF TEA YOU ASPEN. COLD 81611'
FIR3T DISCOVERED SUCH DEFECT. IN NO EVENT. MAY ANY ACTION BASED NE TCOR BLK 72 PHOK=/FAX (303)'-925-3P16
UPON ANY DEFECT IN THIS PLAT 9E CO::�;iC_O 110^E THAN TEN W�CIY MONUMENT
83 ... ___..._.-__._.... '-
:JE.c3E< REV 6-21-1993
mJ011 NO 2tntgn FEB. 27. !OQ
+:+icrn t a4,1'-Q#'d3-W 70.54 FEET ALONG SAID SOUTHWESTERLY BOUNDARY OF LOT 4; CLERK AND RECORDER'S ACCEPTANCE
`'TO THE WESTERLY 4f'?t?"O'E OF BOOK 343 AT PAGE 518; ACCEPTED FOR RECORDING IN THE OFFICE OF THE CLERK AND RECORDER OF P1TKIN COUNTY.
TINGE N'!4°`50'49`E 4.77 FEET ALONG THE WESTERLY BOUNDARY OF BOOK 343 ACCEPTED AT _ O'CLOCK _.M. ON THIS ._ DAY CLERK
2001 IN PLAT
AT AAGE 518 TO TN€ POINT OF BEGINNING. CONTAINING 1.438 S0, FT. MORE OR LESS. COLORADBOOK AT PAGE AS RECEPTION NUMBEROF
COUNTY OF Al T(FIIiI
c-n
CLERK AND RECORDER. S1LV1A DAVIS
gz'
3 �
PREPARED BY
No TO >:L;Kw rrwi<(r'Ilii�rCaivE►e;E ANY LEGAL AcrioN ASPEN SURVEY ENGINEERS, INC.
# .:r ANY IXRCT IN THIS FLAT WITHIN THREE YEARS AFTER YOU
FlitiSCRYffREp I DEFECT. iN No EVENT. MAY ANY 0.CTio14 BASEp 210 S. GALENA STREET
iMOt1 ANY OVECT IN'TN/S PLAT BE COMMENCED MORE THAN TEN YEARS
P.O. BOX 2506
F oAI its CER�iFICAT70N $"OWN HEREON. ASPEN. C4L0. 81611
PHONE/FAX (303) 925-3816
JOB NO 250898 FM 14. 2001
0i
Z—� J
LEGAL DESCRIPTION
LOTS A THROUGH I AND LOTS K THROUGH S. TOGETHER WITH AND INCLUDING
A CERTAIN STRIP OF LAND AS AN ALLEY EXTENDING THROUGH OR BETWEEN ��
SAID LOTS. BLOCI( 64. CITY AND TOWNS ITE OF ASPEN / 7 <! % _ /1
LOTS E. F. G AND FRACTIOKAL LOTS A. S. AND C. BLOCK 71. CITY AND 13f< —/ A-7,
TOWNSITE OF ASPEN
TOGETHER WITH THE VACATED PORTIONS OF NORTH ASPEN STREET AND THE
ALLEY OF BLOCK 71 LYING ADJACENT TO THE ABOVE DESCRIBED PARCELS
OF LAND. CITY AND TOWNSITE OF ASPEN
COUNTY OF ►ITKIN. STATE OF COLORADO
TELE
i0X
ELEC
0
I$
S
C I Ty WIN.
NORZ. CNTL.
vo
FIRE HYDRANT
'4'
REBAR No CAP
e
,.
Akj
c PEN ARTS AND RECREATION CENTER
P.U.D. PLAN
PER P. U. D. AGREEMENT RECORDED IN BOOK — PAGE
CITY COUNCIL APPROVAL
TH15 ASPEN ARTS AND RECREATION CENTER P.U.D. PLAN WAS REVIEWED AND
APPROVED FOR CORDING BY THE CITY COUNCIL OF THE C TY OF ASPEN THIS
..— DAY OF 1993 BY ORDINANCE NUMBER RECORDED IN
BOOK _ AT PAGE 0 THE PITKIN COUNTY RECORDS.
SIGNED TH15 _ DAY OF 993
ATTEST:
MAYOV CITY CLERK
PLANNING AND ZONING APPROVAL
THIS ASPEN ARTS AND RECREATION CENTER P.U.D. PLAN WAS REVIEWED
AND APPROVED FOR RECORDING BY THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION THIS DAY OF 1993 BY RESOLUTION NUMBER
515NED THIS DAY OF 1993.
CHAIRMAN
CITY ENGINEER'S APPROVAL
SCALE �,..
THIS ASPEN ARTS AN ` TER P.U.D. PLAN WAS REVIEWED
I INCH 20 FEET AND APPROVED FOR �Ptip�EBAp'6ae 4ITY OF ASPEN ENGINEERING
DEPARTMENT THIS, Y OF 1993.
• 10 RO 40 10G4,
CITY ENOI AVER
*� �!Iulllasaaa+ ' 1
. PROPERTY OWNER APPLICANT CITY PLANNING DIRECTOR'S A,Pt ,RO
•— - THIS ASPEN ARTS AM RECREATION CENTER P.U.O. �Mt
I CITY OF ASPEN
AND �Q VED FOR I IIY THE CITY ►I1 OI
,a ! GALENA STfBAY
.•"'" _ AP
TH I
,�, T► ASPEN. COLORADO 81611 YmAwmo
s
,
t
EiE•
!3 • fESIFs aEAs _ C I I R V C V !1 D C !' C D T I C I !' A TC i
-
F. MININUm LOT VIRTU: "FEET
I
Y, MINIMUM LOT AREA: 4.00Q sO,FT,=46
N. TRA N ACCEss AREA: SEE ABOVE
I
1, INTERNAL FLOOR AREA RAT10 0.75.1
J, MINI" PERCENT OPEN SPACE: NO REOUNEMENT
K. #FSTREET PARKING SPACES: 35 SPACES
t
q
SIZES
Ex 3TINGORIGINAL
PREPARED BY
L BRICK
ORIGINAL BRICK SCHOOL 14.000 SOFT.
--
ASPEN SURVEY ENGINEERS, INC.
�Otll7
CLASSROOM ADON 11.240 SOFT,
GYM.BSMT.OFF. ADDN. 10.560 SOFT.
p
210 S. GALENA STREET-
FOUND ROUNDHEADS
ro
p
P.O. BOX 2505 '
VICINITY MAP
TOTAL SIZE 35.BOO SO.FT.
N 14. 50' 49 - E I D0. 0 '
CL ASPEN STREET
ACCORD 1 NG TO COLORADO LAW YOU MUST COWL ENCE ANY LEGAL ACTION
P
n
ASPEN. COLO- 81.51PA A,•_
BASIS OF 9EARINGS
BASED UPON ANY DEFECT IN THIS PLAT WITHIN THREE YEARS AFTER YOU
=z
..
1
FIRST DISCOVERED SUCH DEFECT. IN NO EYENT. MAY ANY ACTION BASED NE CDR BLK 72
�
P HO1� 6/FAX (303) 91.1
� `
CITY MONUMENT'
UPON ANY DEFECT !N TH13 PLAT BE CO:40E'NC£0 MORE THAN TEN YEA$3
------- -- --
..��■��.,...e,�.
REV 6-.'_ 1-1993
JOB NO 2�OE9P FEB. 27. !Qn?.
F,
_ l
.�. ,A,
m
Key # GonnonNore Dolonica/Nore Sizc Speciallrrlaclion5
5ccd Mix -- 15 Oz. Seed Mix Hydroxcdcd C51opc Shall be 5labihzcd aficr xcd ingi
Mix
'> oz.
Greepinq Tickeced
Goreop5i5 aurlcu/alo'Nand
xed
I/5 of xed nix
Mix
> oz.
Dlankel Flowers
5oillardio Grarddloro
xcd
1/5 of xcd nix
Mix
3 oz.
Knoulia
Kraha nacedonica
xed
//5 of xcd nix
Mix
3 oz.
Prairie Goneflower
Palibido Golunnifera
--Seed
1/5 of xed nix
Mix
oz.
Golifomio FuchSio
Zauschredo
xed
1/5 of xcd nix
Perennials and Annua/5
AT,
4
O dierflyWeed
/ix/epia5lubero5a
#1 Con.
18" O.G.
GG
87
Poinled Daisy
Ghr 5anlhcr�rn coccineun
#1 Con,
18" O.G.
GG
78
Olankcl rlower5
Goillardia Grandiflora
#1 Con.
18" O.G.
HS
193
Da Lill
Hernerocalli� "5lello de oro'
#! Con.
12" O.G.
L
292
Lupire
Lupi ue
#1 Con,
12" O.G.
Ph
82
Popp 'i"larve5/ Moon'
Papaver Worve5l Moon'
#1 Con,
12" O,G,
PN
189
icelarrl Poppy
Popover wdicaule
#1 Con,
12" O.G.
P
120
Dead Tour4c
PenSlenon 5pp.
3.5 PP
6-12" D/uc varicly
PG
212
Dolloon Flower
Plalycodon grandiflora
3.5" PP
6" O.G.
PY
10-�4
Pansy
Pansy
>5" PP
6" O.G.
Vines
LG
28
floney5uck/e' Goldflax-
Lonicera'Goldflar)!�
#5 Con,
125 O.G.
VM
1420
PaA irilc
Virca Minor
3.5 PP
6" O.G.
5hrub5
GN
24
P.bbd DruSh
GhiySolbannu5 nauxo5u5
#'] Con,
PA
3>
K'u55ian 5oge
i'erov5k o alriplicifoho
#2 Con.
KIC
34
Duckihorn'Golunnoris
l'hanru5Golunnari-,
3' 4'
DffD
Sk'
S
Lilac
5yrin4a Pthculalo
TY
96
-iiyre
7-hyrxu5 5pp.
#/Gon.
!2" O.G.
Trees
4 Pinyon Fire I Pirus eenbroide5 eduli5 6-7' Dffo
1> OolgoGrobopple Malus'Dolgo' Ga/. I DffD
11
'�
�r
is
���
Ss,e
13 M9
NEW PROPERTY LINE
DIVIDES EQUALLY
K-_------------------__--------------__--------------
FiZiCK, _�L fit-oOL-
ill
EXISTING VEGETATION �—
NOT REFRENCED, TO
BE REMOVED
F
SCALE
1 INCH = 10 FEET
zo
/o
O
O
U]
z
w � o
E- O 7
Q0
CC)
�1
O F�
Q
z �
------16' WIDE CONCRETE SLAB
DRIVEWAY (EXISTING)
THREEgXISTING LILACS AND ONE
EXIST G COTTONWOOD TO REMAIN
14' WIDE ASPHALT DRIVEWAY
AND EXISTING PUBLIC TRAIL
z
0
a
R Q
a. ....,
-OJ
C
[wi
O
k
►—.�
cn
cd
p `r
E'-"
� d
o
C) O-A
-��D .5T
VICINITY MAP
LEGEND AND NOTES
FOUND
1978 BLM BRASS
CAP ASPEN TOWNSITE
CORNER NO. 5
I
82o02 31_-�
5.332 S0. FT.
SOUTHWEST LINE 0- LOT 4 TRUEMAN
O
FOUND MONOUMFNOTED RAND LAGREES CWITH
THE LOCATION OF HE 1954 BRASS CAP
SET FOR CORNER 3�. FOUND TO. BE SET
IN ERROR.
TY OF ASPEN
O FOUND SURVEY MONUMENT • 5 REBAR WITH NO CAP OR AS NOTED
BASIS OF BEARINGS FOUND ROUNDHEADS CL OF ASPEN STREET N14.50.49"E
AS SHOWN
LEGAL DESCRIPTION IN PITKIN COUNTY TITLE COMMITMENT PCT-9768 DATED 3-01-95
DOES NOT INCLUDE THE VACATED ALLEY IN BLOCK 71
1PSn OFFICIAL !AAo OF THE CITY ^ ::SPEN WAS USED FOR P'O,^CP,-Y
LOCATIONS. ASPEN TOWNSITE PLAT PLAT BOOK I PAGE 3 G WILLET'S MAP OF ASPEN 1896
WAS USED FOR LOT DESIGNATIONS
CALLS IN I ) ARE LOT DESIGNATIONS FROM THE 1959 OFFICIAL MAP OF THE Cl
1980 BLM SURVEY AND RESURVEY OF ASPEN TOWNSITE WAS USED IN
IN DETERMINING THE LOCATION OF ASPEN TOWNSITE LINE 4-5. CORNER 5
FOUND DOES NOT CONFORM TO THE BLM FIELD NOTES AND CORNER NO.38 IS
OBLITERATED AND ITS LOCATION WAS DETERMINED WITH THE REFERENCE
TIE TO THE SOUTHEAST CORNER OF THE GLIDDEN HOUSE.
B SET P-K NAIL SURVEY CONTROL POINT
0 STREET LIGHT
® MANHOLE
LEGAL DESCRIPTION
TRANSFER PARCEL
PUPPY SMITH LLC TO MONA FROST TRUST
A PARCEL OF LAND BEING THAT PORTION OF LOT 4. TRUEMAN NEIGHBORHOOD
COMMERCIAL PROJECT ADJACENT TO LOTS D S E. BLOCK 71. CITY AND TOWNSITE OF
ASPEN (ACCORDING TO THE 1959 OFFICIAL MAP OF THE CITY OF ASPEN) DESCRIBED
AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF ASPEN TOWNSITE LINE 4 - 5
AND THE WEST LINE OF LOT K. BLOCK 71. CITY AND TOWNSITE OF ASPEN. PROJECTED
NORTHERLY; (SAID POINT OF BEGINNING BEING THE SOUTHWEST CORNER OF
THAT PARCEL OF LAND DESCRIBED IN BOOK 343 AT PAGE 518 OF THE PITKIN COUNTY
RECORDS.)
THENCE NI4 50'49"E 37.98 FEET ALONG THE WESTERLY BOUNDARY OF SAID BOOK 343
AT PAGE 518;
THENCE N75°09'11'W 59.82 FEET;
THENCE S14 50'49"W 5.35 FEET TO THE SOUTHWESTERLY BOUNDARY OF SAID LOT 4;
THENCE S43"08'33"W 70.54 FEET ALONG SAID SOUTHWESTERLY BOUNDARY OF LOT 4;
TO THE WESTERLY BOUNDARY OF BOOK 343 AT PAGE 518;
THENCE N 14°50'49'E 4.77 FEET ALONG THE WESTERLY BOUNDARY OF BOOK 343
AT PAGE 518 TO THE POINT OF BEGINNING. CONTAINING 1.438 SO. FT. MORE OR LESS.
COUNTY OF PITKIN
STATE OF COLORADO
ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION
BASED UPON ANY DEFECT IN THIS PLAT WITHIN THREE YEARS AFTER YOU
FIRST DISCOVERED SUCH DEFECT. IN NO EVENT. MAY ANY ACTION BASED
UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS
FROM THE DATE OF THE CERTIFICATION SHOWN HEREON.
IPA®ST TRUST LOT LINE ADJUSTMENT PLATOWNERS' CERTIFICATE
KNOW ALL MEN EN THESE PRESENTS THAT PUPPY SMITH LLC. A COLORADO LIMITED LCT EXCEPTING
IABILITY
BLOCK 4. COMPANY AS OWNER OF LOT 4. TRUEMAN NEIGHBORHOOD COMERCIAL PROJE THAT PORTION CONVEYED BY BOOK 343 AT PAGE 518. CITY OF ASPEMN. PITKIN COUNTY.
COLORADO AND THE MONA FROST TRUST AS OWNER OF LOTS ID AND E IN BLOCK 71 AND LOTS
N AND 0 (ALSO KNOW AS H AND 1) IN BLOCK 71 ON THE TOWNSITE AND CITY OF ASPEN. PITKIN
COUNTYCOUNTY. COLORADO DO HEREBY REPLAT AND RESUBDIVIDE THIS REAL PROPERTY AS SHOWN
HEREON UNDER THE NAME AND STYLE OF THE MONA FROST LOT LINE ADJUSTMENT PLAT
® EXECUTED THIS _ DAY OF . 200_ '
-- PUPPY SMITH LLC
SEE PLAT BOOK 5 AT PAGE 73
FOR ADDITIONIAL UNDESCRIBED
EASEMENTS
\ \ LOT 2
15* TRAIL \
_ 6 UTILITY EASEMENT
PUPPY o 16129
SMITH L L C -
p�a�"��;� IC. ® `I' 4
d 8�� ELECTRIC
VAULT 6
B� \ UNDEGROUND
POWER LINE
SEE PLAT BK 5 PG 71673
9
So _
E
r
SEE BK 177 PG 606 /
Q.C.D. 0 THE CITY OF ASPEN
E /
G//
l l tl
ID
FOUND R0-'NDHEADS
N14"50'49"E 100.0'
CL ASPEN STREET
BASIS OF BEARINGS
� M
BARN
� y
u
m io
a
SCALE
I INCH - 20 FEET
0 10 20 30 40
7q o0.4 OO E
\ \ BIKE PATH
16129
\
P BOOK 343 \ \
\ PAGE 518 In
ha o
\ v
MSM 3R565 CAP
�6
\
N 78.33.40.w
65.98 . S h 8. ® � 4 pro
0
MSM BRASS CAP uA
I RED CAP 16129 1.914 SO. FT. 25947
A\ LLEY 05 SO FT POINT OF BEGINNING 1 56
Br ^ TRANSFER PAA',:EL N 5A.
\
L O/'
.�O
c � 90 0
MO A /S T T R U S T FOUN cr `N 7,
CARPORT 0. 5 REBAR
RED CAP "9018' �o• y
1 1/2 STORY WOOD
FRAME HOUSE WITH �S
Asti
COMC. FOUNDATON R'. \\ T
e ioi o o r�
o (�
+r
2 /( COR 38 v
ATA (WEST S
M) 6.6 ' )
If
S25o W
30.36' )
AREA/ .982 SQ.FT.
a
SE GL DDEN
1 •E HOUSE
C
�ONCRfTE CURB / / \-�129
\
�,-,,
o,
P
LOT 1
MANAGER
EXECUTED THIS — DAY OF . 200_ .
ns INU5IEE OF THE MONA FROST TRUST
STATE OF COLORADO )
COUNTY OF PITKIN )B�
THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
-- . 200_ BY AS MANAGER OF PUPPY SMITH LLC AS OWNER
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES:
NOTARY PUBLIC
STATE OF COLORADO )
COUNTY OF PITKIN )s�
THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
AS OWNER OF THE RE0 BY EAL PROPERTY DESCRIBED HEREON.
TRUSTEE OF THE MONA FROST TRUST
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES:
NOT PUBLIC
TITLE CERTIFICATE
THE UNDERSIGNED. A DULY AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE, INC.
REGISTERED TO DO
ONTTHIISCPLATYDOCHOLLDADO FEEDOES SIIMPLEREBY TITLEETOIFY THETWAITHIN
DESCRIBED REAL PROPERTY. FREE AND CLEAR OF ALL LIENS AND ENCRUMBRANCES EXCEPT
THOSE LISTED ON THE OWNER'S CERTIFICATE. ALTHOUGH WE BELIEVE THE FACTS STATED
ON THIS PLAT ARE TRUE. THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT
OF TITLE. NOR AN OPINION OF TITLE. NOR A GUARANTEE OF TITLE. AND IT IS UNDERSTOOD
AND AGREED THAT PITKIN COUNTY TITLE. INC.. NEITHER ASSUMES NOR WILL BE CHARGED
WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ANY STATEMENT
CONTAINED HEREIN.
VINCE HIGENS. PRESIDENT SATED: .2001.
PITKIN COUNTY TITLE. INC.
600 E. HOPKINS AVE.
ASPEN. COLORADO 81611
STATE OF COLORADO)
COUNTY OF PIKTIN
THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS
DAY OF T 2001 BY VINCENT J. HIGENS -
AS PRESIDENT OF PITKIN COUNTY TITLE. INC.
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES:
NOTARY PUBLIC
SURVEYOR'S CERTIFICATE
I. DAVID W. Mc BRIDE. HEREBY CERTIFY THAT IN DEC. 1998 THRU NOV. 2000
A SURVEY WAS PERFORMED UNDER MY DIRECTION AND SUPERVISION OF THE HEREON DESCRIBED
PROPERTY. THE LOCATION AND DIMENSIONS OF THE BOUNDARY LINES. BUILDING ENVELOPES.
UTILITIES. IMPROVEMENTS AND EASEMENTS SHOWN ON THE PITKIN COUNTY TITLE. INC.
TITLE COMMITMENT PCT DATED 2000 AND MEMORANDUM OF OWNERSHIP. NO. DATED ARE ACCURATELY AND CORRECTLY SHOWN HEREON JOB
THE CONTROL SURVEY PRECISION IS GREATER THAN 1:10.000 WITH AN ACCURACY TO 0.001
OF AN ACRE AND THAT THE SURVEY WAS DONE IN ACCORDANCE WITH CRS 1973 TITLE 38.
ARTICLE 51 AS AMENDED FROM TIME TO TIME,
SIGNED THIS -DAY OF . 2001.
DAVID W. McBRIDE RLS 16129
ASPEN SURVEY ENGINEERS. INC.
210 S. GALENA ST.
ASPEN. CO. 81611
CITY ENGINEER'S APPROVAL
THIS MONA FROST TRUST LOT LINE ADJUSTMENT PLAT WAS REVIEWED AND APPROVED BY THE
CITY ENGINEER OF THE CITY OF ASPEN, THIS DAY OF 2001.
CITY ENGINEER. NICK ADEH
COMMUNITY DEVELOPMENT APPROVAL
THIS MONA FROST TRUST LOT LINE ADJUSTMENT PLAT WAS REVIEWED AND APPROVED BY THE
DIRECTOR OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF THE CITY OF ASPEN ON THIS DAY
OF 2001
DIRECTOR. JULIE ANN WOODS
CLERK AND RECORDER'S ACCEPTANCE
ACCEPTED FOR RECORDING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY,
COLORADO AT _ O'CLOCK _.M. ON THIS DAY OF 2001 IN PLAT
BOOK AT PAGE AS RECEPTION NUMBER
CLERK AND RECORDER. SILVIA DAVIS
PREPARED BY
ASPEN SURVEY ENGINEERS, INC.
210 S. GALENA STREET
P.O. BOX 2506
ASPEN. COLO. 81611
PHONE/FAX (303) 925-3816
JOB NO 250898 FEB. 14. 2001
.�� JAM. 9.2002 2!24PM STEWART TITLE ASPEN
N0.711 P.1/3
RECO
RD OF PROCEEDINGS 100 Leaves
roo. c•-n�naa�a ca
ORDINANCE NO. Z 9
(Smries of 197E
AN ORDINANCE VACATING THE ALLEY IN BLOCK 64,
ORIGINAL ASPEN TOWNSITE AND A PORTION OF THE
ALLEY IN BLOCK 71, ORIGINAL ASPEN TOWNSITE
WHMAS, the public use, convenience and necessity
no longer requires the hereinafter described alley or portion
thereof,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
The alley lying within Blgc1c 64, Original Aspen Townsite,
shall be, and the same hereby is, vacated.
Lection Z
That portion of the alley lying within Block 71, Original
Aspen Townsite, lying between the easterly line of vacated
Aspen Street and a line 20 feet westerly of 'and parallel to
the easterly line of Lot M (sometimes called Lot G), shall be,
and the same hereby is, vacated.
Section 3
If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications
of the ordinance which can be given effect without the invalid
Provision or application, and to this end the provisions of
this ordinance are deaclared to be severable.
Section 4
A public hearing on the ordinance shall be held on
14 ', 1978, at 5:00 P.11. in the.
City Council Chambers, Aspen City Hall, Aspen, Colorado.
Poert-it' Far Note 7671 °B1B /�� ( u �I III 461615
To ` �/' V 5t4Vlp pgvi' i"p1IUI ITI1 UIIN M P2ea 1 of 3
Ga. 12/10/2001 10:45A
may 'TK IOUN T co R 15.00 0 0."
i
Fax p Fax A
'T�- e'2002 2 24PM - STEWART TITLE ASPEN
/6.
NO.711 P.2,3
RECORD OF PROCEEDINGS 100 Leavee
r-
6ection 3
A public hearing on the ordinance shall be held on
1978, at 5:oo p."t, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado,
INTRODUCED, READ AND ORDPED published as provided by
law by the City Council of the City of Aspen., Colorado, at
its regular meeting held at the City of Aspen on the day
Of July, 1970.
ATTEST.
aatnryn s
City Clerk j/
iPINALLY adopted, passed and approved on the L"',, ay of
1978. 7`
St Stan ey III
Max r
ATTEST:
Kat lryn .och
City Cler
IIII�I� 461615
II��N' ilk pROi: 2 of 9
l ILV IP DgV15 PITKl COUMT� co �=/SO/2N2 10;4M
R 16.N C 0.00
-2-
'd H ES'QN V9d0E l 100Z I 'AON
IIIIIIWLWIII9frw!s1,IRr4-*IVIL'}!-4skVl_19m!",wI
PARCEL ID:12737-073-14001 W DATE RCVD: 110/12/01 # COPIES:f II_; CASE., _ A096-01
CASE NAMEI 216 E. Hallam Rezoning and Alley Vacation �'PLNR:
PROJ ADDR: 216 E. Hallam CASE TYP: Rezoning, Alley Vacation STEPS:
OWN/APP: Mona Frost C/o Lori ADRI C/S/Z: PHN:
REP: Stan Clauson ADR: 200 E. Main St. C/S/Z: Aspen/CO/81611 PHN: 925-2323
FEES DUE: 2405 D 345 E FEES RCVD: 2750 ST
REFERRALS
REF:r BY DUE:
MTG DATE REV BODY PH NOTICE
DATE OF FINAL ACTION:
REMARKS
CITY COUNCIL:
PZ:
CLOSED: � 1'L U3 BY:�, (-��,— BOA:
DRAC:
PLAT SUBMITD: IPLAT (BK,PG): ADMIN:1
PUBLIC NOTICE
RE: 216 E. HALLAM REZONING AND ALLEY VACATION
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, July 8,
2002, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council
Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by
the Frost Property, LLC, requesting approval to rezone the northern portion of 216 E.
Hallam from the SCI (Service/Commercial lndustrial) zone district to R-6 (Medium -
Density Residential). The Applicant also requests to vacate the adjoining alley. The
property is described as Lots D & E, Block 71, City and Townsite of Aspen. For further
information, contact Joyce Ohlson at the Aspen/Pitkin Community Development
Department, 130 S. Galena St., Aspen, CO (970) 920-5062, joyceo@ci.Men.co.0
s/Helen Kalin Klanderud, Mayor
Aspen City Council
Published in the Aspen Times on June 22, 2002.
City of Aspen Account
•
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and U.S. Bank, Trustee of the Mona Frost Trust
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for
Rezoning, Allev Vacation, and Utilization of Trail Easement for Access at 216 E. Hallam Street
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000)
establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent
to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it
is not possible at this time to ascertain the full extent of the costs involved in processing the application.
APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an
initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis.
APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees
he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to enable the
Planning Commission and/or City Council to make legally required findings for project consideration, unless
current billings are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the
amount of $2,405.00 which is for 12 hours of Community Development staff time, and if
actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to
reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate
of $205.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the
billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of
processing, and in no case will building permits be issued until all costs associated with case processing have been
paid.
CITY OF ASPEN APPLICANT
By:
Julie Ann Woods
Community Development Director
g:\supportkforms\agrpayas.doc
1 /10/01
Date: 4 — / 3 i
Mailing Address:
950 Seventeenth Street
Denver, CO 80202
IL
Ln
L11
1
O
CO
rfl
O
O
a
r11
C�
a
ru
ry
O
O
O
O
Ir
O
V- o 0
o to o
r O (n
V CD
0 r-
E
o� a N
°3 Z
zm
0
Y
V
d
L
U �
0
O o
O
U
Z
W
a
C
CO
Z
w
ro
a
�
W
W
W
GT+
O
o
N
z
O
a
w
Ott
a
Q
J
U
Lr;
a a
0)
U 01
h `n
Q
U
a) o
0
ow
c
O
U
Z
W
IL
a
o
LL
O
"i
U_ O
C 1
(00/lt) 017l9-8L0
o
n
N
649
i
Oro 4 _21611161
D4y1__11
• AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: 216 E. Hallam Street , Aspen, CO
SCHEDULED PUBLIC HEARING DATE: 29 January , 2002
STATE OF COLORADO )
) ss.
County of Pitkin )
I, F.L.) Stan Clauson (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
X_ Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
_X Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
• waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least ten (10) days
prior to the public hearing and was continuously visible from the 1 -s day of
January , 200 2 , to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
X_ Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the
public hearing, notice was hand delivered or mailed by first class, postage prepaid
U.S. mail to all owners of property within three hundred (300) feet of the property
subject to the development application, and, at least fifteen (15) days prior to the
public hearing, notice was hand delivered or mailed by first class postage prepaid
U.S. mail to any federal agency, state, county, municipal government, school,
service district or other governmental or quasi -governmental agency that owns
property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
•
•
0
225 N MILL ST LLC
A COLORADO LMTED LIABILITY CO
225 MrcoL
ST
81611
ASPEN COMMUNITY UNITED
METHODIST CHURCH
114 N ASPEN ST
ASPEN CO 81611
CITY OF ASPEN
130 S GALENA ST
ASPEN CO 81611
FROST MONA
C/O CNB TRUST REAL ESTATE CNDT2311
PO BOX 5168
DENVER CO 80217
LIGHT HOLDINGS LLLP
733 13TH ST
BOULDER CO 80302
OK WILLIAM G JR TRUSTEE
14 220TH AVE NE
WOODINVILLE WA 98072
SADLER PRISCILLA ANNE TRUSTEE FOR
SADLER PRISCILLA A REVOC TRUST
PO BOX 2989
ASPEN CO 81612
SUTTON KERMIT S & JENNY W
801 12TH AVE S STE 400
NAPLES FL 33940
•
AMATO JOSEPH A
PO BOX 503
HIGHLAND MILLS NY 10930
BERKO FERENC FAMILY TRUST 28.835%
PO BOX 360
ASPEN CO 81612
ASPEN CENTER FOR ENVIRONMENTAL
STUDIES
100 PUPPY SMITH ST
ASPEN CO 81611
BRUMDER WILLIAM G FLORIDA LAND
TRUST
2054 FIRST WISCONSIN TRUST CO
MILWAUKEE WI 53201
CITY OF ASPEN ELDER NELS REINHARD ESTATE OF
130 S GALENA ST ELDER JANET C
ASPEN CO 81611 202 N MONARCH ST
ASPEN CO 81611
GIVEN INSTITUTE HODGSON PHILIP R
REGENTS OF UNIVERSITY OF COLORADO HODGSON PATRICIA H
BOULDER CO 80304 212 N MONARCH ST
ASPEN CO 81611
MYRIN CUTHBERT L JR 37.5% PACE LINDA MARIE
PUB 101 300 PUPPY SMITH #203 445 N MAIN AVE
ASPEN CO 81611 SAN ANTONIO TX 78205
PENN PAUL EPENpUppy SMITH LLC
9505 COPLAN EY DR SUW 205 S MILL ST SUITE 301A
505 .
INDIANAPOLIS IN 46260 ASPEN CO 81611
SEGUIN WILLIAM L SUTTON JENNY W
PO BOX 4274 4101 CUTLASS LN
ASPEN CO 81612 NAPLES FL 34102
US POSTAL SERVICE
WESTERN REGION
SAN BRUNO CA 94099
GIVEN INSTITUTE
ASPEN
CITY OF ASPEN
,CITY OF ASPEN/
FOR ENVIRONMENTA STUDIES
/
<PUPPY
L SERVICE
X ',
LINDA
SUTT N JENNY W '
UT/i ON K RMIT Si& JENI� W�_
SEGIJ �N WILL�IAM L
BERKOtERE C FAMILY TRU35%
IOLLIGHT,,LLL
N P L EBR MDER
ASP OM UNITY UNITED VETH9c
fG
PUPPY SMITH LLC
N COTHBERT L JR 37.5%''.
�R fH HOD6SON PH IF
R
225NMILL STL
ZIDA�LAND TKU
IA i,G JR TRUSTEE`_`
-FI/nER NBLS REINHARD ESTATE OF
1
"JZ
• (continued on next page)
X Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amen? .
Signat e
•
0
The foregoing "Affidavit of Notice" was ck led ed bef e me this day
of ?a+oylnrz,.. , 200 Z, by
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires:
ary Public
ATTACHMENTS:
COPY OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: : / 44 L , RC4 IIC�, Aspen, CO
SCHEDULED PUBLIC HEARING DATE:y C(d (An Y N / � _, 200�
STATE OF COLORADO )
) ss.
County of Pitkin )
�1
1 W Ilk (names nlaaca mint\
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of'notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,.'
waterproof materials, which was not less than twenty-two (22) inc es wide
and twenty-six (26) inches high, and which was composed of lette s not
less than one inch in height. Said notice was posted at least ten (10) days
prior to the public hearing and was continuously visible from the _ day of
, 200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the -Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the
public hearing, notice was hand delivered or mailed by first class, postage prepaid
U.S. mail to all owners of property within three hundred (300) feet of the property
subject to the development application, and, at least fifteen (15) days prior to the
public hearing, notice was hand delivered or mailed by first class postage prepaid
U.S. mail to any federal agency, state, county, municipal government, school,
service district or other governmental or quasi -governmental agency that owns
property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
•
•
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
i
' nature
-�1
The foregoing "Affidavit of Notice" was acknowledged before me this day
of `— , 200�, by
PUBLIC NOTICE
RE: 216 E. HALLAM RE2''1NING
NOTICE IS HEREBY GIV[•.3 that a public hearing
will be held on Tuesday January d9, 2002, at a
meeting to begin at 4:30 7,1n. before the Aspen
Planning and Zoning Comq ssion. Sister Cities
Meeting Room, City Hall, l3t S. Galena St., Aspen,
to consider an application submitted by Mona
Frost Trust, requesting approval to rezone the
northern portion of 216 E. Hallam from the SCI
(Service/ Commercial/ Industrial) zone district to
R-6 (Medium -Density Residential). The property
is described as Lots D & E, Block 71, City and
Townsite of Aspen.
For further information, contact Joyce Ohkson at
the Aspen/Pitkin Community Development De-
partment, 130 S. Galena St., Aspen, CO (970) 920-
5062, ioyceoPci.aspen.co.us
s/Jasmine Tygre, Chair
Aspen Planning and Ze'mkpCommission
Published in The Aspen Times on January 12,
2002.(8249)
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires:'����✓�3
J 7 1 7
Notary Public
ATTACHMENTS:
COPY OF THE PUBLICATION
NpTAgyA
G�
co r
D i 0.1�9/y
m�� s
�COL....... �V
O
PHOTOGRAPH OF THE POSTED NOTICE (SIGN
LIST OF THE OWNERS AND GOVERNIVIENTAL AGENCIES NOTICED
BYIIVIAIL
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: 0, Aspen, CO
SCHEDULED PUBLIC HEARING DATE: Cam' , 200
STATE OF COLORADO )
) ss.
County of Pitkin )
41 L4 (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attac.hed hereto.
Posting of notice: By posting of notice, which form was obtaine i from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the _ day of
200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi -governmental agency that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on nest page)
•
•
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (1 5) days
prior to the public hearing on such amendments. /
r !.
NILJ,nature
The fore oing "Affidavit of Notice" was acknowledged befole me th' day
200, by I
-- PUBLIC NOTICE REZONING AND ALLEy VACA-
RE: 216 E. HALIAM
TION NOTICE IS HEREBY GIB N that a public hearing
will begin
held :0 Monday,-fpfe t8.e�pen City oun-
ci a meeting
begin at S ha P -nil. 130 S. Galena St..
Coun-
cil. Council Chambers. City submitted by
Aspen, Frost
consider an application to
the Frost Property LLC, requesting approval
rezone the northern portion of 216 E. Hallam
from the SCI (Service/ Commercial/ Industrial)
zone district to R-6 (Medium -Density Residential).
The Applicant also requests to vacate
as a adjoin
&
ing alley. The property is
ts D
E. Block 71. City and Townsite of Aspen.
For further infortnatioq. contact Joyce Ohlson at
De -
the Aspen/Pitkin Community D�p (970 920-
partmenl. 130 S. Galena St.• Aspen,
5Ii62. loyceo®ci.asPm.ce us
s/Hele! Kalin Kianderud. Mayor
Aspen City Council
Published in The Aspen Times on June 22. 2002.
(8919)
WITNESS MY HAND ANDOFFICIALSEAL
My commilsion expires-
Notary Public
ATTACHMENTS:
COPY OF THE PUBLICATION
?O,r ............._`/�N't
SP.RAH
OATES p
(P
Q
PHOTOGRAPH OF THE POSTED NOTICE (SIGN
LIST OF THE OWNERS AND GOVERNDZENTAL AGENCIES NOTICED
BYMAIL
4 9e 4 11
02/25/2003 02:13F
SILVIA DRVIS PITKIN COUNTY CO R 56.00 D 0.00
RESOLUTION NO.S9
Series of 2002
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, AUTHORIZING THE CITY
MANAGER TO EXECUTE, ON BEHALF OF THE CITY OF ASPEN, A LICENSE
AGREEMENT BETWEEN THE CITY OF ASPEN, AND THE FROST PROPERTY, LLC.
WHEREAS, there has been submitted to the City Council a proposed License Agreement
between the City of Aspen, and the Frost Property, LLC; and
WHEREAS, after due deliberation and consideration the City Council has determined
that it is in the best interest of the City of Aspen to approve said license agreement and authorize
the City Manager to execute same on behalf of the City of Aspen.
NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, that the City manager is hereby authorized to execute on behalf of
the City of Aspen a License Agreement in substantially the form as appended hereto as Exhibit
r.•11
Dated:
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is
a true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held , 2002.
LZ
Kathryn S. K , City Clerk
After Recording Return to Recording Informs
City Attorney
City of Aspen
130 S. Galena St.
Aspen, CO 81611
7-icenge Rgreement
Driveway Access — City as Grantor
THIS LICENSE AGREEMENT is made and entered into this 4h day of :kk AAa1
2003 by and between the City of Aspen, a Home Rule Municipality (hereinafter referred to as
"Grantor"), and The Frost Property, LLC (hereinafter referred to as "Licensee").
WI TNESSETH:
WHEREAS, Grantor is the owner of certain real property located in the City of Aspen,
Pitkin County, Colorado, described as the easternmost twenty (20) feet of Lot G and C of Block
71, Original Aspen Townsite, and more fully described in Exhibit A and appended hereto (the
"License Area"); and
WHEREAS, Grantor is willing to grant to Licensee a license for the purposes set forth
herein under certain terms and conditions; and
WHEREAS, Grantee is desirous of accepting said license under the terms and conditions
set forth herein.
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Grantor and Licensee covenant and agree as follows:
1. Grant of License. Grantor, without warranting title or interest, and subject to
the terms and conditions hereinafter set forth, does hereby authorize the Licensee, its successors
and assigns, to utilize the License Area for the uses as permitted herein.
_ 2. Use. Licensee may use the License Area for privately maintained underground
utilities and driveway purposes (from street to street — Hallam to N. Garmisch) (as defined
below) over and across the License Area to access the Frost Lot and the Barn Lot as fully
described in Exhibit B appended hereto and incorporated herein as if fully set forth (hereinafter
referred to as the "Frost Lot'); subject, however, to the terms and conditions set forth herein. For
purposes of this License Agreement, the term "driveway purposes" means use as a residential
driveway.
3. Term. The term of this License shall be permanent and perpetual; provided,
however, that the term of this License may be terminated by Grantor if a future owner agrees that
the access easement is no longer required. The term shall commence upon completion of the
conditions set forth at paragraph 4 below.
479219
Page: 2 of 11
02/25/2003 02:13F
SILVIA DAVIS PITKIN COUNTY CO R 56.00 D 0.00
W
4. Conditions. This License Agreement is specifically subject to the following
conditions:
a. No physical encroachments, including landscaping, shall be allowed
within the License Area without the prior written consent of Grantor; provided,
however, that Grantor hereby consents to and approves the installation of
landscaping in the outermost three feet (Y) on either side of the License Area.
b. No parking shall be permitted within the License Area without the prior
.. N written consent of Grantor.
..m
m
pF) M o
T o
M N m C. Licensee shall construct within the License Area a fourteen foot width of
oN� v N fine crushed gravel roadway consistent with the drawing appended hereto as
Exhibit C. Said roadway shall extend to the public trail at the rear of the existing
'zt a m m
m Red Brick Building and include a walkway to the Red Brick Building door on the
•� East elevation. Said walkway and roadway shall meet all of the specifications
deemed appropriate by the City Engineer and approved by the Parks Department
and shall be installed prior to the issuance of a Certificate of Occupancy for the
re -development of the Frost Lot.
Zd. Before the start of any construction within the License Area, Licensee
shall submit an improvement plan for the License Area to the Grantor for review
and approval, including cross sections, drainage plan, placement of utilities, and
any other matters reasonably deemed necessary by the Grantor.
a
e. The improvement plan for the License Area shall demonstrate to the
reasonable satisfaction of the City of Aspen Fire Chief that a fire truck can pull
through the License Area and exit at the rear of the existing Red Brick Building.
f. Licensee shall, at Licensee's sole cost and expense, post a sign indicating
the public nature of the right-of-way and its current use as a public trail. The
Grantor shall approve said sign before its installation.
g. Licensee shall prepare and record a revised property plat for the Frost Lot
and showing all rights conveyed to the Licensee hereunder as part of its current
re -development plan for the Frost Lot, the alley vacation, the License Area, and
showing any relocated easements for public purposes including, but not limited
to, access, electric, water, sewer and other utility services. Said plat shall be filed
with the Grantor's Community Development Department and subject to approval
by Grantor.
h. Licensee shall use reasonable care in construction of improvements within
the License Area and agrees to take reasonable precautions to avoid damage to the
surrounding land and improvements thereto, and further agrees, to the extent
reasonable possible, to restore such land and improvements to their pre-existing
condition.
i. Licensee shall place a sign upon the designated historic buildings on the
Frost Lot served by the License Area indicating the historic nature of the
2
47 19
Pa of 11
0220 2003 02:13F
SILVIA DAVIS PITKIN COUNTY CO R 56.00 D 0.00
buildings. Said signage shall be approved by the City's Historic Preservation
Officer.
5. Reserved Rights. Grantor reserves the right to make full use of the License
Area as may be necessary or convenient. Grantor reserves the right to use the License Area
including the right to access, as well as the right to operate, maintain, install, repair, remove, or
relocate any of its facilities or the facilities of any utility company located within the License
Area at any time and in such manner as it deems necessary or convenient. At no time shall
Licensee interfere with Grantor's use of the Licensed Area or with Grantor's installations within
the License Area. Licensee shall assume all risks incident to the presence of Grantor's facilities,
improvements, installations, invitees, guests, or members of the public within the License Area.
Nothing herein shall be construed so as to prevent Grantor from granting additional licenses or
property interests in or affecting the License Area as it deems appropriate as long as such
additional licenses or property interests do not interfere with Licensee's use of the License Area
in accordance with the terms hereof.
6. Construction, Modification, Maintenance Within License Area. Licensee shall
use reasonable means to prevent any loss or damage to the Grantor or to others resulting from the
construction, modification, replacement, repair, operation, and maintenance of Licensee's
installations or improvements. If, during construction, modification, replacement, repair,
operation, use and maintenance of Licensee's installations and improvements, Grantor
determines that damage has occurred to its facilities or the facilities of a utility company,
Licensee shall, upon written notice thereof, repair or replace such damage, at Licensee's
expense. Any repair or replacement of any of Grantor's installations or improvements on the
License Area made necessary shall be made at the sole expense of the Licensee. Licensee shall
not be responsible for damages resulting from force majeure. If the Grantor at any time during
the period of this License deems it necessary to excavate in the License Area for construction,
modification, replacement, repair, operation of, or maintenance of any of Grantor's facilities,
which work requires the moving of Licensee's installations or improvements, costs of
movement, re -installation, or replacement of Licensee's installations shall be shared by Licensee
on a pro-rata basis.
7. Maintenance of Facilities and Snow Removal Within License Area.
Licensee shall be responsible for snow removal, normal maintenance, and the
maintenance of any installation, improvement (including the driveway) along the License Area.
In the event that Licensee fails to maintain the License Area or remove snow as provided herein
after three (3) days following written notice from Grantor, Grantor may cause the maintenance to
be performed or snow to be removed, as the case may be, and bill Licensee for the costs of said
maintenance or snow removal. If Licensee fails to pay said bill to Grantor within thirty (30) days,
Grantor shall have the right to place a lien upon the property for the cost of such maintenance or
snow removal plus an additional 10% administrative surcharge.
8. Prior Agreements. The rights and privileges granted by this License may be
subject to prior agreements, easements, and conveyances, recorded and unrecorded, and it shall
be the Licensee's sole responsibility to determine the existence of any rights, uses, or
installations conflicting with Licensee's use of the License Area and to resolve any such
conflicts.
3
�,
• 479219
Page: 5 of 11
02/25/2003 02:13F
9. Indemnification. SILVIA DAVIS PITKIN COUNTY CO R 56.00 D 0.00
(a) Licensee agrees to indemnify and hold harmless Grantor, its officers, employees,
insurers, and self-insurance, from and against all liability, claims, and demands, on account of
injury, loss, or damage, including without limitation claims arising from bodily injury, death,
property loss or damages, or any loss of any kind whatsoever, which arise out of or are in any
manner connected with this License, if such injury, loss or damage is cause in whole or in part
by, or is claimed to be caused in whole or in part by the act, omission, error, professional error,
mistake, negligence, or other fault of Licensee. Licensee agrees to investigate, handle, respond
to, and to provide defense for and defend against, any such claim or demands at the sole expense
of Licensee. Licensee further agrees to bear all costs and expenses related thereto, including
court costs and attorney fees, whether or not liability, claims, or demands alleged are groundless,
false or fraudulent.
(b) To the extent permitted by law, Grantor agrees to indemnify and hold harmless Licensee,
its officers, employees, insurers, and self-insurance, from and against all liability, claims, and
demands, on account of injury, loss, or damage, including without limitation claims arising from
bodily injury, death, property loss or damages, or any loss of any kind whatsoever, which arise
out of or are in any manner connected with this License, if such injury, loss or damage is cause
in whole or in part by, or is claimed to be caused in whole or in part by the act, omission, error,
professional error, mistake, negligence, or other fault of Grantor. Grantor agrees to investigate,
handle, respond to, and to provide defense for and defend against, any such claim or demands at
the sole expense of Grantor. Grantor further agrees to bear all costs and expenses related thereto,
including court costs and attorney fees, whether or not liability, claims, or demands alleged are
groundless, false or fraudulent.
10. Insurance. Licensee shall at all times during the term hereof, carry public
liability insurance for the benefit of the City with limits not less than those specified by Section
24-10-114, C.R.S. (currently $150,000 per person and $600,000 per occurrence) as may be
amended from time to time, naming the City of Aspen as additional insured. Licensee shall
maintain said public liability coverage in full force and effect during the term of this License and
shall furnish the City with a most current certificate of such coverage evidencing its validity. All
insurance policies - maintained pursuant to this agreement shall contain the following
endorsement: "It is hereby understood that this insurance shall not be cancelled by the surety
until thirty (30) days after receipt by the City, by registered mail, of a written notice of such
intention to cancel or not renew." - -
11. Notice. Notices and other communications that may be given, or are
required to be given hereunder, shall be in writing and shall be deemed given by the party when
delivered personally or when deposited in the United States mail with sufficient postage affixed
and addressed to such party at the respective address shown below:
CITY OF ASPEN:
City Manager
City of Aspen
130 S. Galena St.
Aspen, CO 81611
4 �,
479219
Page: 6 of 11
02/25/2003 02:13F
SILVIA DAVIS PITKIN COUNTY CO R 56.00 D 0.00
LICENSEE:
Camilla Auger
The Frost Property, LLC
709 North Spruce Street
Aspen, CO 81611
12. Remedies: Enforcement.
, a. Notice of Violation: Corrective Action. If either party determines that a violation
of the terms of this License Agreement has occurred or is threatened, such party shall give
written notice to the other of such violation and demand corrective action sufficient to cure the
violation and, where the violation involves injury to the License Area resulting from any use or
activity inconsistent with the purpose of this License, to restore the portion of the License Area
so injured to its prior condition.
b. Injunctive Relief. If a party fails to cure the violation within ten (10) days after
receipt of notice thereof from the other party, or under circumstances where the violation cannot
reasonably be cured within a ten (10) day period, fails to begin curing such violation within the
ten (10) day period, or fails to continue diligently to cure such violation until finally cured, the
other party may bring an action at law or in equity in a court of competent jurisdiction to enforce
the terms of this License Agreement, to enjoin the violation, ex parte as necessary, by temporary
or permanent injunction, and to require the restoration of the License Area to the condition that
existed prior to any such injury.
C. Damages. In addition to any relief covered by paragraph 12.b above, each party
shall be entitled to recover damages for violation of the terms of this License Agreement.
d. Emergency Enforcement. If a party, in its sole discretion, reasonably determines
that circumstances require immediate action to prevent or mitigate significant damage to the
License Area, such party may pursue its remedies under this section without prior notice to the
other or without waiting for the period provided for cure to expire.
e. Scone of Relief. Each party's rights under this section 12 apply equally in the
event of either actual or threatened violations of the terms -of this License Agreement. A party's
remedies at law for any violation of the terms of this License Agreement are inadequate and that
a party shall also be entitled to the injunctive relief described above, both prohibitive and
mandatory, in addition to such other relief to which such party may be entitled, including
specific performance of the terms of this License Agreement, without the necessity of proving
either actual damages or the inadequacy of otherwise available legal remedies. The remedies
described in this section shall be cumulative and shall be in addition to all remedies now or
hereafter existing at law or in equity.
f. Costs of Enforcement. Each party shall bear its own costs incurred in connection
with enforcing the terms of this License Agreement, including, without limitation, costs and
expenses of suit and reasonable attorney's fees, and any costs of restoration necessitated by a
violation of the terms of this License Agreement.
5
479*
Page: 11
02/25/2003 02:13F
SILVIA DAVIS PITKIN COUNTY CO R 56.00 D 0.00
g. Grantor's Discretion. Any forbearance by a party hereto to exercise its rights
under this License Agreement in the event of any breach of any term hereof shall not be deemed
or construed to be a waiver by the other party of such term or any subsequent breach of the same
or any other term. No delay or omission in the exercise of any right or remedy upon any breach
shall impair such right or remedy or be construed as a waiver.
h. Acts Beyond Licensee's Control. Nothing contained in this License Agreement
shall be construed to entitle Grantor to bring any action against Licensee for any injury to or
change in the License Area resulting from causes beyond Licensee's reasonable control,
including, without limitation, fire, flood, storm, and earth movement, or from any prudent action
taken by Licensee under emergency conditions to prevent, abate, or mitigate significant injury to
the License Area resulting from such causes.
13. General Provisions.
a. Controlling Law. The. interpretation and performance of this Agreement shall be
governed by the laws of the State of Colorado.
b. Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Agreement shall be liberally construed in favor of the grant to effect the
purpose of this License Agreement. If any provision in this instrument is found to be ambiguous,
an interpretation consistent with the purpose of this Agreement that would render the provision
valid shall be favored over any interpretation that would render it invalid.
c Severability. If any provision of this Agreement, or the application thereof to any
person or circumstance, is found to be invalid, the remainder of the provisions of this Agreement,
or the application of such provision to persons or circumstances other than those as to which it is
found to be invalid, as the case may be, shall not be affected thereby.
d. Entire Agreement. This instrument sets forth the entire agreement of the parties
with respect to this Agreement and supersedes all prior discussions, negotiations, understandings,
or agreements relating to this Agreement, all of which are merged herein.
e. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of
Grantor's title in -any -respect.
f. Successors. The covenants, terms, conditions, and restrictions of this Agreement
shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal
representatives, heirs, successors, and assigns and shall continue as a servitude running in
perpetuity with the License Area.
g. Captions. The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no effect upon
construction or interpretation.
6 �/
219
8 of 11
0 5/2003 02:13F
SILVIA DAVIS PITKIN COUNTY CO R 56.00 D 0.00
h. Recordation. Licensee shall record this instrument in timely fashion in the official
records of Pitkin County, Colorado, and may re-record it at any time as may be required to
preserve its rights in this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed the foregoing on the day and
year above first given.
The City of Aspen, Grantor
By:')�
�0
Title: C .4y
State of Colorado )
ss.
County of Pitkin )
The foregoing instrument was acknowledged before me this day of
_
R' br- ;WO3, by the above named Grantor(s).
State of Colorado )
County of Pitkin )
ss.
�4• PUez ESS MY HAND AND OFFICIAL SEAL.
G"ER�c� M ssion expir
LICENSEE
The Frost Property LLC
The foregoing instrument was acknowledged before me this �p�-� day of
Imberi , by the above named Licensee.
STq'TE GF G
JP W-12/ 16/2002-G:\j ohn\word\agr\monafrost-access-1 icense-12-1
ITNESS MY HAND AND OFFICIAL SEAL.
commission expires:
otary Public
2.doc
7
I 479219
'I I Page:
/25//011 3F
02
SILVIA DAVIS PITKIN COUNTY CO R 56.00
EXHIBIT A
LICENSE AND UTILITY AREA
An ingress, egress license of varying width crossing on the City of Aspen property situated in Block 64
and 71, of the 1959 Official Map, City of Aspen, recorded as Reception No. 109023 of the official records
for Pitkin County, Colorado, said License is described as follows:
Beginning at a point on the southerly boundary of said Block 71, said point being identical with the
southwesterly corner of Lot "H" (sometimes referred to as Lot "N", Block 71), from which the
northwesterly block corner monument of Block 72 of said Official Map bears South 65°16'30" West, a
distance of 116.76 feet;
Thence North 75'09' 11" West, along the southerly boundary of said Block 71, a distance of 20.00 feet;
Thence departing said southerly boundary North 14°50'49" East, a distance of 120.07 feet along the
existing traveled way;
Thence northwesterly 70.69 feet along the arc of a circular curve to the left having a central angle of
90°00'00", a radius of 45.00 feet with the long chord bearing North 30°09' 12" West, a distance of 63.65
feet;
Thence North 75°23'32" West, a distance of 136.54 feet along the existing traveled way;
Thence South 15°05'35" West, a distance of 18.57 feet;
Thence North 75°17'52" West, a distance of 233.63 feet more or less along the traveled way through an
existing parking lot to the easterly right-of-way of Garmisch Street as depicted on the 1959 Official Map,
City of Aspen;
Thence North 14°50'49" East, a distance of 21.84 feet along said easterly right-of-way;
Thence South 74°24'47" East, a distance of 199.06 feet along the traveled way through the existing
parking lot;
Thence North 15°56' 18" East, a distance of 14.00 feet;
Thence 74°40'52" East, a distance of 162.01 feet along the existing traveled way;
Thence South 66°30'08" East, a distance of 51.12 feet along the existing traveled way;
Thence North 70°37'24" East, a distance of 28.29 feet more or less to the northwesterly corner of the
Quiet Title Decree recorded as Reception No. 470593 of the official records for Pitkin County, Colorado;
Thence South 14°50'49" West along the westerly boundaries of said Quiet Title Decree and the westerly
lot boundaries of "D" and "H" (sometimes referred to as "N"), of Block 71, a distance of 185.49 feet
more or less to the point of beginning.
The basis of bearings used for the bearings in this description was South 75*09'11" East, between found
original 1959 City of Aspen block corner monuments at the southeasterly comer of Aspen Street and
Hallam Street and the found monument at the southwesterly corner of Monarch Street and Hallam Street,
City of Aspen, Pitkin County, Colorado.
THE ABOVE LEGAL DESCRIPTION WAS WRITTEN BY:
Louis H. Buettner, t - S
0040 West Sopris Creek Road
Basalt, CO 81621
972-3611
479219
SILVIA DAVIS PITKIN COUNTY CO R
01
56.00 212000 13F
21
EXHIBIT B
Frost Lot:
Lots lettered N and O (also known as H and n in Block 71 in the City and Townsite of
Aspen,
Together with the southerly half of the alley vacated pursuant to Ordinance No. 20
(Series of 2002), lying northerly thereto.
Barn Lot:
Lots lettered D and E in Block 71 in the City and Townsite of Aspen,
Together with the northerly half of the alley vacated pursuant to Ordinance No. 20
(Series of 2002), lying southerly thereto,
Also, together with, that portion of Lot 4, Trueman Neighborhood Commercial Project
described in that certain Decree Quieting Title recorded August 5, 2002 as Reception No.
470593.
County of Pitkin, State of Colorado.
This legal description was written by:
Garret Brandt
132 Midland Avenue, Suite 4
Basalt, CO 81621
•
OF'# Scif sTRf fT
N
I O
210
.4
Exhibit C
i
s
M
� N
O M m
cm
�o
r t6 N
m
t0
N
cr
O
r >
z
0
V
Y
Ln
a
a
J
•
MEMORANDUM *V1((,A
To: Mayor Klanderud and City Council
Thru: Julie Ann Woods, Community Development Director
From: Joyce A. Ohlson, Deputy Director of Community Devel ment
Date: July 8, 2002
Re: 216 East Hallam St., (Frost Property LLC)-Rezoning-2"d Reading, Public
Hearing on Ordinance No. 19, Series of 2002; Alley Vacation-2"d Reading,
Public Hearing on Ordinance No. 20, Series of 2002, and Resolution No. ��,
License Agreement for Access
SUMMARY: This application is three -fold in scope. It includes the following components:
1. A request to rezone a portion of the subject parcel from SCI
(Service/Commercial/Industrial) to R-6 (Medium Density Residential). This action is
handled through adoption of an ordinance after two readings and a recommendation
from the Planning and Zoning Commission. Ordinance No. 19, Series of 2002
addresses this.
2. A request to vacate a portion of the public alley that bisects the subject property. This
action is handled through adoption of an ordinance after two readings. Ordinance No.
20, Series of 2002 addresses this.
3. A request to use public property for a private access and a utility service line to serve
the subject property. This action would be handled through the adoption of
Resolution No. and a License Agreement for Access contained further in
Council's packet.
Applicant:
Representative:
Current Zoning:
Lot Size:
Request Summary:
Staff Recommendation:
Camilla Auger, The Frost Property, LLC
Stan Clauson Associates, LLC
S/C/I and R-6
6,000 sq. ft. (Front Parcel) & 2,374 sq. ft. (Rear Parcel)
The Applicant is requesting to rezone a small portion of the subject
property from S/C/I to R-6, vacate public alley and request access
and utility easement over City property
Approval with Conditions
BACKGROUND: The property is located at 216 East Hallam Street and is developed with
a single family dwelling. The property is designated as a historic landmark. The Red Brick
School is located immediately to the west of the subject property. Along this same western
boundary line is a trail/driveway which leads to an entrance door on the east elevation and
around the back of the Red Brick and connects to a parking lot and trail behind the Red
Brick. This trail traverses across the hill behind the subject property leading to the U.S. Post
Office and Clark's Market area.
The property is currently in review processes with both the Historic Preservation
Commission (for renovation of buildings and new site development) and the Planning and
Zoning Commission (for conditional use approval for a duplex on the front lot). The project
has received conceptual approval for the development by the HPC. As of this writing, the
P&Z Commission has not finalized its action.
Current Scenario Summary
1) The Applicant has one conforming lot (the front lot) located in the R-6 zone district
and one legal non -conforming lot that is split by the R-6 and the S/C/I zone
districts. A property with split zoning may develop to the most restrictive zoning
which is S/C/I. In this case, the barn is considered as an accessory building, which
is a permitted use in the S/C/I zone district and the FAR to be allocated to this rear
lot containing the barn 'is 2,374 sq. ft. (at a ratio of 1: 1). The maximum FAR
allocated to the front lot is 3,240 sq. ft. (with a potential of a 500 sq. ft. bonus).
2) The property is designated as a Historic Landmark.
3) The property is bisected by a City alley right-of-way that dead ends at the east and
west property lines.
4) The rear lot of the property has no real access and is landlocked. The front parcel is
not served by its own curb cut from Hallam and historically has been accessed
across City land (the drive adjacent to the Red Brick).
5) The maximum build -out potential includes a unit on the rear lot and a single family
residence, 2 detached dwellings or a duplex (with conditional use) on the front
portion.
Proposed Scenario Summary
1) The City Alley would be vacated and appropriated 50150 to the front and rear
properties, respectively. 10.63 feet for the 60 foot length of the alley would be
VA
• •
added to each lot and the shared lot line would be relocated to the center of the
alley. Each lot gains 637.8 square feet.
2) The Applicant would continue to have a legal non -conforming back lot of 3,562.8
sq. ft. in the R-6 zone district. The added square footage to the lot from the alley
vacation does not allow the Applicant to gain additional FAR or density. (Section
26.480.020.C) It could, however, allow for better site planning options and
meeting of setback requirements because of the changed lot lines.
3) Both the front and rear parcels would have an access easement over the City
property (Red Brick) providing formal access to both lots.
4) Since the rear lot is considered a legal non -conforming lot upon which a unit could
be constructed, the maximum build out potential for both lots would be a unit on
the rear lot and one single-family house or duplex (with P/Z conditional use
approval) on the front lot. The development must gain HPC approval.
STAFF COMMENTS:
A. Rezoning from S/C/I to R-6
The Applicant is requesting the City grant a rezoning to the property located at 216 E.
Hallam Street which is currently split by two zone districts: S/C/I, (Service/Comm/Indust.)
on the rear portion and R-6 (Medium Density Residential) on the front portion. The
proposed rezoning of the small, triangularly shaped portion of the property that is S/C/I to
R-6 would establish the whole property within the R-6 zone district. Staff has provided the
following graphics to illustrate the current property scenario and the resulting property
scenario if the City grants the rezoning and associated requests:
SCI
Existing
Barn
JR�-6
Alley
R-6
Existing
Historic
House
Current Scenario
Existing
Barn R-6
R-6
Existing
Historic
House
Proposed Scenario
3
It appears that the reason a small portion of the rear lot maintains a zoning of S/C/I is due
to the fact that this residual triangle was bisected diagonally by the original townsite line,
and incorrectly included as a part of the neighboring Lot 4, Trueman Neighborhood
Commercial Project that encompasses the North Mill Station shopping center (Clark's
Market, etc.) and is zoned S/C/I. This lot line correction has been made and the real
property has been found in favor of the applicant by way of a quiet title decree attached as
Exhibit C. Even though the ownership issues have been corrected, the zoning of that small
portion of land remains zoned S/C/I.
As a practical matter, about half of the existing (historic) barn rests in the portion of that
rear lot that maintains this S/C/I zoning. A review of the historic nature of the property
clearly shows the barn as being associated with the adjacent single-family house on the
front of the lot. The house and barn in their current location are shown on the Official
1901 Sandborne Map and are clearly similar to the context of the west end neighborhood in
the R-6 zone district. The Historic Preservation Officer reviewed this land use case and
agreed with this analysis.
Finally, Staff finds that this rezoning of the small portion of the rear lot to R-6 will assign
a more appropriate zoning classification to the property and remove any awkward
encumbrances of the property by having two zone districts on one property. Staff
recommends approval of the rezoning.
B. Alley Vacation:
In order to achieve the proposed scenario, the Applicant is requesting that the City Council
grant an alley vacation of the existing alley currently located between the two properties and
approximately 60 ft. by 21 ft. in size. The alley is basically a remnant piece of public right-
of-way in that it is vacated on the lots west of the subject property (Red Brick) and to the east
(Amato property). It leads no where and contains no physical above -ground or underground
public utilities. This application has undergone intense scrutiny from City departments and
district agencies. All have raised issues about the vacation and use of the Red Brick property
for access purposes. In summary, Staff does not object to the alley vacation as long as certain
conditions to the vacation are included. These conditions follow and will be included in the
license agreement to allow the applicants use of the City Property.
• No physical encroachments, including landscaping, are allowed within the 20 foot
wide ROW between the 216 E. Hallam property and the Red Brick building. Any
encroachments into the public rights -of -way shall either be removed or be subject to
current encroachment license requirements.
• No parking is allowed within the right-of-way.
• The applicants shall install within the 20 foot ROW, a 14-foot width of pavement
with 3 foot wide gravel shoulders on each side. Such pavement shall extend to the
public trail at the rear of the Red Brick building and include a paved walkway to the
Red Brick door on the east elevation. Such pavement shall meet with the
2
specifications of the City Engineer and be installed prior to Certificate of Occupancy
for the development of either lot located at 216 E. Hallam.
• The applicants shall provide an improvement plan for the location of the pavement,
including cross sections and drainage plan for the ROW improvements noted above.
• The improvement plan shall meet with the approval of the Fire Chief so as to ensure
that a fire truck can pull through the site from E. Hallam, exiting at the rear of the Red
Brick building. Should this not be able to be accomplished, the applicant will be
required to provide a fire truck turn -around area on the 216 E. Hallam property.
• The only utility service line allowed within the ROW is a water line which must be
located within the eastern 10 feet of the ROW.
• Signs indicating the public nature of the ROW shall be installed by the applicant
indicating public trail use. Such signs shall meet with the approval of the Parks
Department.
• All landscaping on both public and private property (adjacent to the driveway) shall
be approved by the Parks Department.
• The applicants shall file a revised property plat showing all rights conveyed to the
applicant through the alley vacation, use of City property, and showing any relocated
easements for public purposes including but not limited to access, electric, water and
sewer services. Such plat shall be filed with the Community Development
Department and subject to approval by all parties effected by such plat.
C. License Agreement for Access:
Historically, the single family dwelling and barn located on the subject property have been
accessed via the adjoining parcel to the west, the site of the Red Brick trail/driveway.
There is even evidence that at some point back in history the barn was accessed via an
extension of Francis Street which no longer exists. Staff feels it is desirable to continue to
allow access to the property in this way to avoid an additional curb cut onto Hallam Street,
but more importantly to maintain the historic pattern of the development on this site. The
proposed redevelopment of this property includes an addition to the single family house
converting the structure to a duplex or significant addition. It is unlikely that without the
additional unit or addition, that the applicants would pursue restoration of the site. A new
driveway along the east side of the property would change the pattern of the development
on the site and would render the site almost impossible to develop with the additional unit
or addition. From a preservation perspective, Staff is in favor of granting an easement
over the City property to serve the three proposed units with certain conditions. Should the
Council approve of the use of City property for access and utility purposes, the above -
noted conditions would be included in the License Agreement (Exhibit D) allowing for
such use.
STAFF RECOMMENDATION
Staff recommends that the City Council approve the requested zone change and the alley
vacation as described within this report and as put forth in the associated ordinances and
agreements.
5
RECOMMENDED MOTIONS -ONE FOR EACH ORDINANCE
"I move to approve Ordinance No. 19, Series of 2002, approving the rezoning request for a
portion of property as described in the application and located at 216 E. Hallam Street, within
the City and Townsite, City of Aspen, Colorado."
"I move to approve Ordinance No. 20, Series of 2002, approving the vacation of a portion of
an alley located in Block 71, within the City and Townsite, City of Aspen, Colorado."
ATTACHMENTS
Exhibit A -- Review Criteria & Staff Findings
Exhibit B -- Application
Exhibit C -- Pitkin County District Court Decree Quieting Title -property
description
Exhibit D -- Draft License Agreement
Exhibit E -- Planning and Zoning Commission Minutes of March 5, 2002
Exhibit F -- Planning and Zoning Commission Resolution No. 8, Series 2002
Exhibit G -- DRC Summary and Comments
Co
Ordinance No. 19
(Series of 2002)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
APPROVING THE REZONING FROM SCI
(SERVICE/COMMERCIALANDUSTRIAL) TO R-6 (MEDIUM DENSITY
RESEIDENTIAL) OF A TRIANGULAR PORTION OF LOT 4, TRUEMAN
NEIGHBORHOOD PROJECT PROPERTY LOCATED NORTH OF LOTS D AND E
OF BLOCK 71, ORIGINAL ASPEN TOWNSITE, LOCATED AT 216 E. HALLAM
STREET, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2737-073-14-001
WHEREAS, the Community Development Department received an application from
Frost Property LLC, represented by Stan Clauson Associates, LLC, requesting rezoning
approval pursuant to Section 26.310.10 of the Land Use Code for a property located at 216
East Hallam Street in the City of Aspen; and
WHEREAS, the Community Development Department Staff reviewed the
Application for compliance with the Rezoning Review Standards and has reviewed the
subject property and finds it to be that property described by Pitkin County, Colorado District
Court, Decree Quieting Title, Case No. 02 CV 40; and
WHEREAS, the City Zoning Officer, the City Engineer, the Parks Department,
Aspen Consolidated Sanitation District, and the City Fire Department reviewed the rezoning
and development proposal for 216 East Hallam Street and provided written referral
comments as a result of the Development Review Committee meeting; and
WHEREAS, upon review of the application, referral comments, and the applicable
Land Use Code standards, the Community Development Director recommended approval of
the Rezoning with conditions stated herein; and,
WHEREAS, the Aspen Planning and Zoning Commission reviewed and considered
the development proposal under the applicable provisions of the Municipal Code as identified
herein, and conducted a duly noticed public hearing on March 5, 2002 and by a vote of six to
zero recommended that the City Council approve the rezoning from SCI to R-6; and
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, have
reviewed and considered the recommendation of the Planning and Zoning Commission, the
Community Development Director, the applicable referral agencies, and has taken public
comment at a public hearing; and,
WHEREAS, the Aspen City Council finds that the rezoning request meets or exceeds
all applicable review standards and that the approval of the rezoning is consistent with the
goals and elements of the Aspen Area Community Plan, and,
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary
for the promotion of public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the City Council hereby approves the Rezoning from S/C/I to R-6 a property located at 216
East Hallam for property described by Pitkin County, Colorado District Court, Decree
Quieting Title, Case No. 02 CV 40.
Section 2
This Ordinance shall not effect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or amended
as herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 3
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
Section 4
A public hearing on this Ordinance was set for July 8, 2002 at a meeting to commence at 5:00
p.m. in the City Council Chambers, Aspen, City Hall, Aspen, Colorado, fifteen (15) days prior
to which hearing a public notice of the same shall be published in a newspaper of general
circulation with the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 24`h day of June, 2002.
Attest:
Kathryn S. Koch, City Clerk
Helen Kalin Klanderud, Mayor
FINALLY, adopted, passed and approved this day of 12002.
Approved as to form: Approved as to content:
City Attorney
Helen Kalin Klanderud, Mayor
•
ORDINANCE NO. 20
(Series of 2002)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
TO VACATE A PORTION OF THE ALLEY IN BLOCK 71, WITHIN THE CITY OF
ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, a petition to vacate certain right-of-ways or portions thereof has been filed
by record owners of all lands which abut the streets or portions thereof petitioned to be vacated;
and
WHEREAS, the right-of-ways or portions thereof petitioned to be vacated are located
entirely within the corporate limits of the City of Aspen; and
WHEREAS, the vacation petition has been reviewed by the City Engineer and a
determination made that the petition complies in all respects with the City's Public Rights -of -
ways Vacation Policies and the land petitioned to be vacated is eligible for vacation pursuant to
said policies; and
WHEREAS, the proposed vacation will not leave any land adjoining the same without a
means of access over an established public right-of-way connecting such lands to an established
public street; and
WHEREAS, the petitioners have satisfied or performed all conditions and requirements
imposed by the City Engineer in connection with the requested vacation; and
WHEREAS, the City Council has determined that the public use, convenience and
necessity will no longer require the hereinafter described public right-of-ways or portions
thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1 _
That the portion of the alley between Lots D and E and Lots N and O (a/k/a Lots H and
I) of Block 71, within the City of Aspen, Pitkin County, Colorado, as more specifically depicted
on that map entitled "Map of the Portion Alleyway Requested to be Vacated", and annexed
hereto and made a part hereof as Exhibit "A", shall be, and the same hereby is vacated subject to
the conditions set forth below.
Section 2.
That ownership and title to the lands so vacated shall vest as provided in and by Section 43-2-
302. C.R.S.
Section 3 _
That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to
record a copy of this ordinance in the Office of the Pitkin County Clerk and Recorder.
CPrtinn d
That the City Engineer be and hereby is directed, upon the adoption of this ordinance, to
make all corrections necessary to the Official Map of the City of Aspen.
Section 5 _
That if any section, subsection, sentence, clause, phrase or portion of this ordinance is
for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
2
Section 6.
That this ordinance shall not have any effect on existing litigation and shall not operate as
an abatement of any action or proceeding now pending under or by virtue of the ordinances
amended as herein provided, and the same shall be construed and concluded under such prior
ordinances.
A public hearing on the ordinance shall be held on the 8th day of July, 2002, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the 24th day of June, 2002.
Helen Kalin Klanderud, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this day of , 2002.
ATTEST:
Kathryn S. Koch, City Clerk
Helen Kalin Klanderud, Mayor
JPW-7/1/02-G:\John\word\ords\vacation -frost -ord.doc
3
ExxIBIT A
REVIEW CRITERIA & STAFF FINDINGS
REZONING FROM S/C/I (SERVICE/COMMERCIAL/INDUSTRIAL) TO R-6 (MEDIUM DENSITY
RESIDENTIAL)
In reviewing an amendment to the official zone district map, the City Council shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions
of this title.
Staff Finding
The proposed amendment to the official zone district map to change the subject property's
zoning designation from the SCI to the R-6 Zone District is not in conflict with any portion
of the Land Use Code. The proposed rezoning does not represent new land use policy or a
change in land use policy for the City of Aspen. Two zone districts currently split the
accessory structure on the rear of the parcel. The proposed rezoning of the entire parcel will
allow for better compliance with the terms of this title than the current split zoning. Staff
finds this standard to be met.
B. Whether the proposed amendment is consistent with all elements of the
Aspen Area Comprehensive Plan.
Staff Finding
Staff finds that the proposed rezoning application is consistent with the Aspen Area
Community Plan in that the rezoning application will bring the parcel more into conformance
with the provisions of use and dimensional requirements set forth by the City of Aspen Land
Use Code. The proposed rezoning will also allow for a possible future conversion of the
barn structure to an infill residential unit. Staff finds this standard to be met.
C. Whether the proposed amendment is compatible with surrounding zone districts
and land uses, considering existing land use and neighborhood characteristics.
Staff Finding
The proposed zoning and uses allowed therein are compatible with the surrounding land uses.
The rezoning proposal legalizes the use and provides the dimensional requirements of the
barn structure. Currently, the structure is non -conforming under the parcel's split zoning.
The current split zoning does not allow for any possible future redevelopment of the barn as
an infill residential unit. Currently the historic barn is in disrepair and is not being used in a
productive manner. Rezoning the property that contains the barn to the R-6 Zone District
will allow for the refurbishing and use of the existing historic barn structure. Staff finds this
standard to be met.
D. The effect of the proposed amendment on traffic generation and road safety.
Staff Finding
The proposed rezoning to R-6 will not significantly effect traffic generation or road safety.
The applicant proposes to pave and landscape the aforementioned driveway area. The
parking for the residence on the front part of the parcel has historically been to the rear of the
parcel. Access to the parking on the site has historically also been through the trail easement
to be vacated and the alley bisecting the barn structure and the single-family residence on the
southernmost portion of the lot. The rezoning could bring about additional traffic though it
may be negligible because it is located in town. Staff finds this standard to be met.
E. Whether and the extent to which the proposed amendment would result in
demands on public facilities, and whether the extent to which the proposed
amendment would exceed the capacity of such facilities, including, but not
limited to, transportation facilities, sewage facilities, water supply, parks,
drainage, schools, and emergency medical facilities.
Staff Finding
The rezoning to the R-6 Zone District will not result in increased demand on public facilities.
The single-family dwelling on the front lot and the barn on the rear of the property already
exist and their impacts are already accommodated for within the current services provided.
The additional development of the barn conversion into a residence has been reviewed
through DRC referral and utilities are available. The ability of the City and other districts to
provide services and utilities is not exceeded by this rezoning. Staff finds this standard to be
met.
F. Whether and the extent to which the proposed amendment would result in
significant adverse impacts on the natural environment.
Staff Finding
The rezoning to the R-6 Zone District will not adversely impact the natural environment.
Any development to the barn structure or the single-family dwelling requires review by the
Historic Preservation Commission regarding any impacts on the site. Staff finds this standard
to be met.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
Staff Finding
The proposed rezoning is consistent and compatible with the community character in the City
of Aspen and in the neighborhood. This rezoning will return a residential property to its
logical zoning of R-6, which is consistent with the surrounding west end residential
neighborhood. Further, Staff finds the current S/C/l zoning to be an inappropriate zone
district for the west end residential neighborhood as the uses are more commercial in nature.
Additionally, Aspen has a strong tradition of preserving historic structures of all uses and
refurbishing them to be utilized to meet the Community's design and housing goals. The
Historic Preservation Commission will review any development proposal on the site ensuring
it's proper fit within the neighborhood's character. Staff finds this standard to be met.
H. Whether there have been changed conditions affecting the subject parcel or
the surrounding neighborhood which support the proposed amendment.
2
Staff Finding
The buildings in the area of the subject property (in the Hallam residential neighborhood)
have over time undergone rehabilitation, upgrade and additions. The rezoning would allow
for the buildings on the subject property to be more easily upgraded which staff feels is
compatible with the entire neighborhood. The SCI zoning is most appropriate for the Clark's
Market area which has evolved over time to be a major commercial/service node in the
community and very different from the Hallam area.
L Whether the proposed amendment would be in conflict with the public interest,
and is in harmony with the purpose and intent of this title.
Staff Finding
Staff feels that the proposed rezoning application will not be in conflict with the public
interest or this title. The rezoning will allow for the historic barn to be refurbished as
possibly a residence or a usable accessory building. Staff finds this standard to be met.
3
%�FROM
vv v ;vvC J V1flfl
FAX NO
—•Jun. 05 2002 04:12PM P1
NO•b�jl r, 4
DISTRICT COURT, PITKIN
Court Address:
506 Bast Main Street
Aspen, Colorado 81611
Telephone: (970) 925-7635
Facsimile. 970 925-6349
plaintiff:
Frost Property, LLC
OUKTY, COLORA.DO
Defendants:
Puppy Smith LLC, and The City of Aspen, Colorado
Attorney or Party Without Attorney:
Name: Garret S. Brandt
Brandt & Feigenbaum
Address 132 Midland Avenue
Basalt, Colorado 81621
Phone Number: (970) 925.5196
Fax Number (970) 925-4559
E-mail:
Atty.Reg.#; 29816
DECREE QUIETING TITLE
THIS MATTER heard this day,
THE COURT FINDS:
Case No, 02 CV 40
That each of the defendants herein have been properly served as required by
law and rule of Court; that this is an action in rem affecting specific rcal property;
that the court has jurisdiction of all parties to this action and of the subject matter
thereof; that the allegations of the Complaint are true; that every claim made by said
defendants is unlawful and without right; that no defendant herein has any title or
in-t Ut in Gr to rht p,reperty dezcribed h-_rei.R Gr any paw t eFeaf{ t-he;ewe:
IT IS ADJUDGED AND DECREED THAT Frost Property LLC, Plaintiff, at
the time of the commencement of this proceeding, was, and now is, the owner in fee
simple, with right to possession of the real property in Pitkin County, Colorado
described on Exhibit "A" attached hereto; that fee simple title in and to said real
property be and the same hereby is quieted in the Plaintiff, and that each of the
defendants has no right, title, or interest in or to the said real property or any part
thereof, and that they are forever enjoined from asserting any claim, right, title or
interest in or to the said real property or any part thereof.
RECEIVED
JUN I 0 7o07.
I ASPj-.'Y
1 I loB 11_ID) N ,, ^, �;ckrr
FROM • FAX N0. -Wun. 05 2002 04:13PM P2
vvn v' lvvL v VII III
DISTRICT COURT, PITKIN COUNTY, COLORADO
Case No. o cy4 Frost Propert;_LLC. v. E9PPY Smith LLC and The City of Aspen,
CoJorado
DECREE QUIETING TITLE
Dated this vri day of �-_ 2002
2902057 Z.DOC
BY THE COURT
District Judge
-2-
FROM FAX N0. oun. 05 2002 04:13PM P3
PROPERTY DESCRIPTION, LOT 4, TRUEMAN NEIGHBORHOOD COMMERCIAL
PROJECT TO THE FROST PROPERTY.
A PARCEL OF LAND BEING A PART OF LOT 4, TRUF.MAN NEIGHBORHOOD
COMMERCIAL PROJECT AS RECORDED IN PLAT BOOK 5 AT PAGES 70 THROUGH
75 IN THE OFFICIAL, RECORDS FOR PITKIN COUNTY, COLORADO, SAID
PARCEL BEING MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID LOT 4, WHENCE THE
WEST QUARTER CORNER OF SECTION 7, TO➢7NSHIP 10 SOUTH, RANGE 84
WEST OF THE SIXTH PRINCIPAL MERIDIAN HEARS NORTH 17" 47' 34"
WEST, A DISTANCE OF 1348.91 FEET;
�' ENCF NORTH 430 08' 33" KEST, A DISTANCE OF 70.76 FEET MORE OR
T ESS ALONG THE SOsftl-���POINT OF
INTERSECTION WITH THE WESTERLY BOUNDARY OF LOT "J", BLOCK 71
ORIGINAL ASPEN TOWNSITE PROJECTED NORTHERLY, THE TRUE POINT OF
BEGINNING;
THENCE CONTINUING ALONG SAID SOUTHWESTERLY BOUNDARY OF LOT 4,
NORTH 43" 08' 33" WEST, A DISTANCE OF 70.76 FEET TO A POINT OF
INTERSECTION WITH THE WESTERLY BOUNDARY OF LOT "D", BOCK 71
ORIGINAL ASPEN TOWNSITE;
THENCE NORTH 14° 50' 49" EAST, A DISTANCE OF 29.62 FEET ALONG
SAID LOT "D" WESTERLY BOUNDARY PROJECTED NORTHERLY;
THENCE SOUTH 750 48' 37" EAST, A DISTANCE OF 15.55 FEET;
THENCE SOUTH 780 26' 25" EAST, A DISTANCE OF 26.16 FEET;
THENCE SOUTH 636 52' 32" EAST, A DISTANCE OF 18.70 MT TO A
POINT OF INTERSECTION WITH THE NORTHERLY PROJECTION OF THE
WESTERLY BOUNDARY OF SAID LOT "J", BLOCK 71 ORIGINAL ASPEN
TOWNSITE;
THENCE SOUTHERLY .ALONG SAID NORTHERLY PROJECTION SOUTH 14° 50' 49"
WEST, A DISTANCE OF 65.15 FEET TO THE TRUE POINT OF BEGINNING.
THE ABOVE PROPERTY DESCRIPTION CALCULATES TO CONTAIN AN AREA OF
2925.506 SQUARE FEET MORE OR LESS.
THE PROPERTY DESCRIBED HEREWITH IS SUBJECT TO ALL EXISTING
EASEMENTS AND RIGHTS -OF -WAY.
THIS PROPERTY DESCRIPTION HAS WRITTEN BY:
LOUIS H. BUETTNER
0040 WEST SOPRIS CREEK ROAD
BASALT, COLORADO
970-927-3611
ASPEN PLANNINGZONING COMMISSION - MirTutes - March 5, 2002
COMMISSIONER, STAFF and PUBLIC COMMENTS ........................................ 2
MINUTES................................................................................................................. 2
DECLARATION OF CONFLICTS OF INTEREST ............................................... 2
FORMER "GOLF PRO SHOP" SUBDIVISION, REZONING and PUD
AMENDMENT......................................................................................................... 2
216 East HALLAM REZONING............................................................................. 4
LITTLE RED SKI HAUS REZONING, LODGE PRESERVATION PUD, GMQS,
LPEXEMPTION...................................................................................................... 7
309 North THIRD SPECIAL REVIEW- ADU DESIGN STANDARDS ............. 12
1
F,XktV��- E
•
ASPEN PLANNING ZONING COMMISSION - Minutes - March 5, 2002
required that the tenants provide a community service. Cohen asked how the
community development director would decide between several applicants.
Richards said that there was intent by Junior Hockey to rent out the space in the
winter; they shared space that last couple of winters. Lindt noted that it was not a
competition between possible tenants, Junior Golf would propose a tenant and the
Community Development Director would determine if it provided a community
service. Richards said that the soccer program also showed intent. Roger
Haneman asked if any other governmental agencies expressed an interest in leasing
this space.
MOTION: Ruth Kruger moved to approve P&Z Resolution #07, series
2002, recommending that City Council approve with conditions the
proposed application to subdivide the parcel of land legally described as
Lot 1, Aspen Golf Course Subdivision into Lots 1A and 1B, and rezone
the newly created Lot 1B to the Public Zone District with a PUD
Overlay, and to amend the Truscott the Planned Unit Development to
establish the allowable dimensional requirements for newly created Lot
1B. Bert Myrin seconded. Roll call vote: Haneman, yes; Cohen, yes;
Erickson, yes; Kruger, yes; Myrin, yes; Tygre, yes. APPROVED 6-0.
Discussion: Haneman noted that P&Z did not want the restaurant to be a
destination restaurant; it was to be strictly secondary. Haneman asked if this
would create more traffic by rezoning to public. Kruger said that it was the same
space but junior golf would use it in the summer and lease it out in the winter.
Haneman said that they could rent '/z the building year round. Lindt stated that
they have consented not to lease out more than 50% of the facility. Hoefer said
that the traffic generation would be minimal. Lindt stated that community
development would review the business license so that it met the community
service needs. The commissioners requested that community development look at
the traffic generation of the potential applicant. Ohlson noted that the current
configuration of the building was retail use and the lower floor was lockers and
storage; the main floor would probably be office.
CONTINUED PUBLIC HEARING (02/19/02):
216 East HALLAM REZONING
Jasmine Tygre opened the continued public hearing for the Mona Frost property
located at 216 East Hallam. David Hoefer stated that the legal notice was provided
previously; the commission had jurisdiction to proceed.
Joyce Ohlson utilized maps to locate the property and the surrounding properties.
Ohlson stated that there was a single-family dwelling and a historic barn on the
property. The property was split with R-6 and S/C/I Zone Districts. Ohlson said
0
ASPEN PLANNINAZONING COMMISSION - Minutes - March 5 2002
that legal action conveyed the triangular portion of land that the barn sits on; it was
a legal lot. The alley in place splits the property; the proposal was to rezone the
entire property to R-6.
Ohlson stated that it made sense to rezone and have the entire property located in
one zone district. Ohlson noted that there was a request for the alley vacation from
City Council. When an alley vacation is granted 50% of that land goes to each
property. The alley vacation piece of land would not allow any increase in the
density or FAR.
Ohlson stated that the access to the property was currently over city property; they
requested to continue to use that access without any further curb cuts. Ohlson
stated that any renovation of the property would be reviewed under the Historic
Preservation Committee; currently there was no development plan.
Stan Clauson, planner, provided Mona Frost's valued Aspen history. Clauson
introduced Camilla Auger, the successor owner of the Mona Frost Trust. Clauson
said that the original house was in the original town site and the barn was bisected
by that line and located on property that did not belong to Mona Frost. Clauson
noted that a court action corrected this multiple survey error for property
ownership. Clauson stated that the zoning was needed to complete making the
parcel whole.
Amy Guthrie stated that HPC has been concerned about this property; the obstacles
of the zone districts and town site line being removed were so that the entire
property was zoned the same.
Eric Cohen inquired about the property next door having the same split -zoning
problem; he stated that it would be nice to have that property under one zone
district. Ohlson responded that this was the same zoning problem and would have
to come from the property owner for the change in zoning.
Bert Myrin said that once the alley was vacated and added to the property it would
become a 6,000 square foot lot and asked what was to prevent a lot split from
HPC. James Lindt stated that it would be eligible for a Historic Lot Split but with
a lot line adjustment the FAR from the alley vacation could not be added to the
development rights of a parcel. Clauson said that the front property was a separate
parcel from the other side of the un-vacated alley. Clauson said that state statutes
were very clear that an un-vacated alley separates these parcels, so the parcel have
never been merged; he said that no lot split was necessary to consider these two
separate parcels. Clauson said with respect to the front the Historic Preservation
Lot Split presently was not available to for parcels less than 6,000 square feet.
E
ASPEN PLANNINGOZONING COMMISSION - M•tes - March 5. 2002
Camilla Auger stated that there was no intension at this time. Clauson said that
there was no particular plan for a lot split. Ohlson restated that the additional land
that was gained by the vacation of that alley with 50% going to each lot did not
give them additional development rights for density or for the FAR allowable.
Ohlson said that this was just shy of 6,000 square feet and that alley vacation or
any other easement would not provide that allowable density. Density was the
number of units; floor area was the size and neither dimensional standard could be
increased.
Myrin asked about the property ownership under the barn. Ohlson replied that it
was addressed; the ownership had been settled by adverse possession, which went
through the court. Myrin asked what the benefits were for the city with the alley
vacation. David Hoefer responded that it becomes a taxable piece of property and
eliminates liability. Garret Brandt, attorney for the current owner, stated that there
was a state law that read when a public alleyway no longer serves anything that it
has to be vacated. Brandt stated that the city did not have much discretion in this.
Roger Haneman asked about the Lot G access. Auger replied that the city attorney
no longer had that concern because the ultimate development would be overseen
by HPC. Auger stated that it would be detrimental to the Historic Preservation of
the project to have another curb cut.
Ruth Kruger asked if there was any downside to the rezoning of this property.
Ohlson replied that there really was not; the barn could be possibly converted into
a residential unit but it had to remain historic. Ohlson noted that the 2 structures
that were on the historic inventory would be reclaimed and renovated.:
No public comments.
Myrin asked if the row of lilacs on the west side of Sheely Boulevard at the Red
Brick would be moved. Ohlson noted that Parks had a similar concern.
MOTION: Ruth Kruger moved to approve P&Z Resolution #08, series
2002, recommending City Council approve this rezoning request for a
property located at 216 East Hallam Street, City and Townsite, City of
Aspen, Colorado (parcel #2737-073-14-001). Ron Erickson seconded.
Roll call vote: Myrin, yes; Haneman, yes; Cohen, yes; Erickson, yes;
Kruger, yes; Tygre, yes. APPROVED 6-0.
Ron Erickson asked to add a recommendation to city council beyond this
recommendation that the adjacent property have action taken to clean up the
twnsite lot lines. Erickson noted the importance of removing properties from the
S/C/1 zones that did not belong in it, which would be a separate motion.
•
ASPEN PLANNING ZONING COMMISSION - Minutes - March 5.2002
MOTION: Ron Erickson moved to request that staff recommend City
Council to look into rezoning the adjacent lot east of 216 East Hallam.
Myrin seconded. APPROVED 6-0.
PUBLIC HEARING:
LITTLE RED SKI HAUS REZONING, LODGE PRESERVATION PUD,
GMQS, LP EXEMPTION
Jasmine Tygre opened the public hearing and requested notice. David Hoefer
stated that the notice had been provided and met the jurisdictional requirements.
James Lindt stated that the Little Red Ski Haus LLC was the applicant. The
request was to rezone and expand the Little Red Ski Haus Lodge located at 118
East Cooper Avenue. There were 3 separate land use actions: (1) rezone, (2) lodge
preservation and minor lodge preservation PUD to expand by about 520 square
feet of FAR and vary the underlying residential setbacks and (3) the GMQS Lodge
Preservation Exemption to allow the number of lodge units to be reduced from 22
to 14 units. Lindt noted that the land use code required the Planning & Zoning
Commission make a recommendation to City Council in both the rezoning and the
PUD.
Lindt provided the history of the lodge built originally in 1888 and historically
designated as a landmark; it has existed as a lodge for about 40 years, prior to 1999
when it was converted to a single family residence. In November 2001 City
Council granted a temporary use permit for it operate as a lodge. Lindt utilized a
map to locate the areas of proposed remodel and removal of a carport and rebuild
as a 3-car carport with an addition on top of it. Also there would be excavation of
the basement for about 980 square feet to be utilized as an accessory dining area.
The interior of the lodge would be reconfigured from 22 dorm style units to 14
traditional units, which would include a bath in each unit but no kitchens in units.
Lindt said staff felt that the rezoning was compatible with the surrounding area and
lodge use. The Snow Queen Lodge was located to the east, which has been
operating as a lodge in this zone district. Lindt said that staff felt that the applicant
met all the criteria; there were 3 parking spaces proposed. HPC has granted
conceptual approval for the additions and setbacks as proposed. Lindt noted the
main issue in re -development was the lack of on -site parking; currently they only
have 1 parking space for the 22 lodge rooms. They proposed 3 spaces for the
reduced number of lodge rooms (14); the parking deficit from the land use code
was reduced to about 6 from the previous 15 space -parking deficit. Staff felt there
was sufficient parking on site because the lodge preservation program allowed
them to maintain an existing deficit.
7
•
•
Resolution No. 08
(SERIES OF 2002)
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING APPROVAL TO CITY COUNCIL FOR A REZONING FOR A
PROPERTY LOCATED AT 216 E. HALLAM STREET, CITY AND TOWNSITE OF
ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2737-073-14-001
WHEREAS, the Community Development Department received an application from
Mona Frost Trust, represented by Stan Clauson Associates, LLC, requesting rezoning approval
for a property located at 216 East Hallam Street in the City of Aspen; and,
WHEREAS, the Community Development Department Staff reviewed the Application
for compliance with the Rezoning Review Standards; and,
WHEREAS, the City Zoning Officer, the City Engineer, the Parks Department, Aspen
Consolidated Sanitation District, and the City Fire Department reviewed the development
proposal for 216 East Hallam Street and provided written referral comments as a result of the
Development Review Committee meeting; and,
WHEREAS, upon review of the application, referral comments, and the applicable Land
Use Code standards, the Community Development Director recommended approval of the
Rezoning with conditions stated herein; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered
the development proposal under the applicable provisions of the Municipal Code as identified
herein, has reviewed and considered the recommendation of the Community Development Director,
the applicable referral agencies, and has taken and considered public comment at a public hearing;
and,
WHEREAS, the City of Aspen Planning and Zoning Commission finds that the
development proposal meets or exceeds all applicable development standards and that the approval
of the development proposal, with conditions, is consistent with the goals and elements of the Aspen
Area Community Plan; and,
WHEREAS, the Planning and Zoning Commission recommends approval to the City
Council for the Rezoning from S/C/1 to R-6, by a vote of 6 to 0 (six to zero), and,
WHEREAS, the City of Aspen Planning and Zoning Commission finds that this resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED by the Commission:
Fx-k,6� P
•
E
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Planning and Zoning Commission hereby recommends approval to the City Council for the
Rezoning from S/C/I to R-6 a property located at 216 East Hallam.
Section 2
This resolution shall not effect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 3
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 4
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the Planning and Zoning Commission, are hereby incorporated in such plan development approvals
and the same shall be complied with as if fully set forth herein, unless amended by an authorized
entity.
APPROVED by the Commission at its regular meeting on March 5`', 2002.
APPROVED AS TO FORM:
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
PLANNING AND ZONING
COMMISSION:
Jasmine Tygre, Chair
0 MEMORANDUM .
To: Development Review Committee
From: John Niewoehner, Community Development Engineer
Reference DRC Caseload Coordinator
Date: April 15, 2002
Re: 216 E. Hallam Street, Mona Frost Property - - Rezoning, Alley Vacation, and Use of
Public Property for Access
Attendees:
Joyce Ohlson, Community Development Department
John Niewoehner, Community Development Department
Tom Bracewell, Aspen Consolidated Sanitation District
Brian Flynn, Parks Department
Richard Goulding, Engineering Department
Nick Adeh, Engineering Department
Ed Van Walraven, Fire Department
Phil Overeynder, Water Department
Camilla Auger
Stan Clauson
The Development Review Committee reviewed the 216 E. Hallam St., Mona Frost Property at
their April 16, 2002 meeting, and has compiled the following comments:
General
Sufficiency of Submittal: DRC comments are based on the fact that we assume the
submitted site plan is accurate, that it shows all site features, and that proposed
development is feasible. The wording must be carried forward exactly as written unless
prior consent is received from the Engineering Department. This is to alleviate problems
and delays related to approvals tied to "issuance of building permit."
2. R.O.W. Impacts: If there are any encroachments into the public rights -of -way,
the encroachment must either be removed or be subject to current encroachment license
requirements.
Site Review
Engineering Department:
• It is required that there will be no encroachments into the 20 foot wide ROW
between 216 Hallam and the Red Brick building.
• Within the 20 foot ROW, there should be a 14-foot width of pavement with 3 foot
wide gravel shoulders on each side.
• The paving of the ROW should be performed by the applicant prior to the City
issuing a CO.
• The utilities serving the property should not be located in the 20-foot ROW unless
there is no other option.
• The vacation of the alley that bisects the property should not occur until the City
is satisfied with the proposed plans.
Community Development Engineer:
• If the re -development of the site results in an increase in impervious area, a
drainage plan will need to be developed that provides storm water retention.
3. Zoning:
ax k t ►91+ (T
Page 2 of 3 0 •
April 15, 2002
216 E. Hallam
No comments at this time.
4. Housing Department:
No comments at this time.
5. Fire Protection District:
No compromise possible for the width of the alley - - it must be 20 foot wide.
No landscaping along the Red Brick Building unless the 20-foot width is
preserved.
A fire truck must be able to pull into the 20-foot ROW and then leave without
backing into Hallam. One alternative is to keep the area between the house and
the barn empty so that a fire truck can turn around. The other alternative is for
the project to make it possible for a fire truck to drive around the Red Brick
building thus eliminating the need for a place to turn around on the property.
Parks Department:
• If the sewer line is moved on the north side of the building, the Parks Department
should be involved in the re -landscaping of the area.
• The project must maintain the access to the public ROW through providing signs
for the trail. The applicant should work with the Parks Department on signage.
• No parking allowed in the public ROW.
• The applicant should be encouraged to continue the pavement around the Red
Brick building to join with the existing trail.
• Do not plant vegetation such as lilacs that will encroach into the ROW. As an
alternative, the Parks Department suggests that Columnar Buckthorn trees be
planted between the ROW and the Red Brick building.
• The driveway for 216 Hallam will be shared with bicyclists and other trail users.
Vegetation should not be planted that will block the site distance for cars using
the driveway.
• When the 14' wide pavement is placed in the ROW, a paved walkway should be
provided to the Red Brick door.
Building Department:
No comments at this time.
City Water Department
Easements for Water and Sewer: Locating the water and sewer services on the
property may be constrained by the available space. A 20-foot wide utility
easement is needed to accommodate the required 10-foot separation between
water and sewer lines and the additional space needed for excavation. This
constraint may result in the need to place water and/or sewer services lines in
the ROW along the Red Brick Building.
9. Aspen Consolidated Sanitation District
• A main sewer line runs along the north side of the barn. An easement either
needs to be provided for this sewer line or the sewer line will need to be moved
further onto the Puppy Smith property to the north.
• Plans should show the manholes and sewer line to the north of the property.
• Landscaping on north end of property should not restrict access to sewer
manholes.
0 An easement will be needed for the service line.
Page 3 of 3
•
April 15, 2002
216 E. Hallam
10. Environmental Health
No comments at this time.
11. City Community Development - Planning
No comments at this time.
12. Electric Department (provided by Phil Overeynder)
• The Electric Company needs to be able access their equipment including the
switch gear. Additional research needs to be performed by the applicant and the
Electric Company regarding access to the switch gear.
13. Holy Cross Electric
No comments at this time
14. City Attorney
No comments at this time
15. Streets Department
No comments at this time
16. Historic Preservation Officer
No comments at this time
17. Pitkin County Planning
No comments at this time
16. County and City Disaster Coordinator
No comments at this time
Approvals
1. Engineering: The applicant receives approval from the City Engineering Department
(920-5080) for design of improvements, including grading, drainage,
transportation/streets, landscaping, and encroachments within public
right of way.
2. Parks: The applicant receives approval from the Parks Department (920-5120)
for vegetation species and for public trail disturbance.
3. Streets: The applicant receives approval from the Streets department (920-5130)
for mailboxes, finished pavement, surface materials on streets, and
alleyways.
4. Permits: Obtain R.O.W. permits for any work or development, involving street cuts
and landscaping from the Engineering Department
D:\DRCMona Frost.doc
Summary
Mona Frost Conditions Derived from DRC Meeting
• No physical encroachments, including landscaping, are allowed within the
20 foot wide ROW between the 216 E. Hallam property and the Red Brick
building. Any encroachments into the public rights -of -way shall either be
removed or be subject to current encroachment license requirements.
• No parking is allowed within the ROW.
• The applicants shall install within the 20 foot ROW, a 14-foot width of
pavement with 3 foot wide gravel shoulders on each side. Such pavement
shall extend to the public trail at the rear of the Red Brick building and
include a paved walkway to the Red Brick door on the east elevation.
Such pavement shall meet with the specifications of the City Engineer and
be installed prior to Certificate of Occupancy for the development of the
property at 216 E. Hallam.
• The applicants shall provide an improvement plan for the location of the
pavement, including cross sections and drainage plan for the ROW
improvements noted above.
• The improvement plan shall meet with the approval of the Fire Chief so as
to ensure that a fire truck can pull through the site from E. Hallam, exiting
at the rear of the Red Brick building. Should this not be able to be
accomplished, the applicant will be required to provide a fire truck turn-
around area on the 216 E. Hallam property.
• The only utility service line allowed within the ROW is a water line which
must be located within the eastern 10 feet of the ROW.
• Signs indicating the public nature of the ROW shall be installed by the
applicant indicating public trail use. Such signs shall meet with the
approval of the Parks Department.
• All landscaping on both public and private property shall be approved by
the Parks Department.
• The applicants shall file a revised property plat showing all rights
conveyed to the applicant through the alley vacation, use of City property,
and showing any relocated easements for public purposes including but
not limited to access, electric, water and sewer services. Such plat shall
be filed with the Community Development Department and subject to
approval by all parties effected by such plat.
C`
Memorandum
TO: Mayor and Members of Council
FROM: John P. Worcester
0 1X
The City of Aspen
City flMofney's Office
DATE: July 8, 2002
RE: Resolution No. Jam' , Series of 2002 - License Agreement for Mona Frost
Property
Attached for your consideration and review is a proposed resolution that, if approved, would
authorize the City Manager to execute, on behalf of the City, a license agreement authorizing the
use of the alley -way that runs on the East side of the Red Brick School building and the Mona
Frost property.
That alley has been used by the Mona Frost property for many years to access the North lot of
the property. The barn that served the property is located on this back lot. The applicant has
indicated that use of the alley probably pre -dates the Red Brick school building and the
ownership of the school lot by the School District or the County. If the use of the alley was for a
sufficient period of time it is possible that the current owners have a claim for a prescriptive right
to continue the use of the alley for access to the back lot. I have not verified that claim, as the
applicant has not submitted evidence sufficient for me to make a determination of the claim. In
that the applicant has requested a license agreement from the City, neither the applicant nor I
have pursued the potential claim for adverse possession.
The proposed resolution should not be approved unless Council approves the rezoning ordinance
and the ordinance vacating the alley that currently cuts the south from the north lots.
REQUESTED ACTION: A Motion to approve Resolution No. _, Series of 2002.
RESOLUTION NO.
Series of 2002
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, AUTHORIZING THE CITY
MANAGER TO EXECUTE, ON BEHALF OF THE CITY OF ASPEN, A LICENSE
AGREEMENT BETWEEN THE CITY OF ASPEN, AND THE FROST PROPERTY, LLC.
WHEREAS, there has been submitted to the City Council a proposed License Agreement
between the City of Aspen, and the Frost Property, LLC; and
WHEREAS, after due deliberation and consideration the City Council has determined
that it is in the best interest of the City of Aspen to approve said license agreement and authorize ,
the City Manager to execute same on behalf of the City of Aspen.
NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, that the City manager is hereby authorized to execute on behalf of
the City of Aspen a License Agreement in substantially the form as appended hereto as Exhibit
A.
Dated:
►KITIn
Helen Kalin Klanderud, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is
a true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held , 2002.
Kathryn S. Koch, City Clerk
After Recording Return t� Recording
City Attorney
City of Aspen
130 S. Galena St.
Aspen, CO 81611
License Agreement
Road Access — City as Grantor
THIS LICENSE AGREEMENT is made and entered into this day of
, by and between the City of Aspen, a Home Rule
Municipality (hereinafter referred to as "Grantor"), and
(hereinafter referred to as "Licensee").
WIITNESSETH:
WHEREAS, Grantor is the owner of certain real property located in the City of Aspen,
Pitkin County, Colorado, as more fully described in Exhibit A and appended hereto (the
"License Area"); and
WHEREAS, Grantor is willing to grant to Licensee a license for the purposes set forth
herein under certain terms and conditions; and
WHEREAS, Grantee is desirous of accepting said license under the terms and
conditions set forth herein.
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Grantor and Licensee covenant and agree as follows:
1. Grant of License. Grantor, without warranting title or interest, and subject
to the terms and conditions hereinafter set forth, does hereby authorize the Licensee, its
successors and assigns, to utilize the License Area for the uses as permitted herein.
2. Use. Licensee may use the License Area for driveway purposes over and
across the License Area to access Lot ; subject, however, to the terms and
conditions set forth herein. Driveway purposes as used herein means a residential driveway,
and it is agreed that no vehicle of more than axles or weighing more than pounds
shall use or travel across the License Area described above.
3. Term. The term of this License shall be permanent and perpetual; provided,
however, that the term of this License may be terminated if future redevelopment of Lot
no longer requires access over the License Area. The term shall commence upon
completion of the conditions set forth at paragraph 4 below.
0 0
4. Conditions. This License Agreement is specifically subject to the following
conditions:
a. No physical encroachments, including landscaping, shall be allowed
within the License Area without the prior written consent of Grantor.
b. No parking shall be permitted within the License Area without the prior
written consent of Grantor.
C. Licensee shall construct within the License Area a 14 foot width of
pavement with 3 feet wide gravel shoulders on each side of the paved roadway.
Said pavement shall extend to the public trail at the rear of the existing Red
Brick Building and include a paved walkway to the Red Brick Building door on
the East elevation. Said paved walkway and road way shall meet all of the
specifications deemed appropriate by the City Engineer and shall be installed
prior to the issuance of a Certificate of Occupancy by the City Community
Development Director for the re -development of the property at 216 E. Hallam
St.
d. Before the start of any construction Licensee shall submit an
improvement plan for the License Area to the Grantor for review and approval,
including cross sections, drainage plan, placement of utilities, and any other
matters deemed necessary by the Grantor.
e. The improvement plan shall meet with the approval of the Fire Chief so
as to ensure that a fire truck can pull through the License Area and exiting at the
rear of the existing Red Brick Building.
f. Licensee shall post at licensee's sole cost and expense a sign indicating
the public nature of the right-of-way and its current use as a public trail. The
Grantor shall approve said sign before its installation.
g. All landscaping on the Licensed Area shall be approved by the Grantor.
h. Licensee shall file a revised property plat for Lots and
showing all rights conveyed to the Licensee as part of its current re -development
plan for the above referenced lots, the alley vacation, the License Area, and
showing any relocated easements for public purposes including, but not limited
to, access, electric, water, sewer and other utility services. Said plat shall be
filed with the Grantor's Community Development Department and, subject to
approval by Grantor.
i. Licensee shall use reasonable care in construction of improvements
within the License Area and agrees to avoid damage to the surrounding land and
improvements thereto, and further agrees to restore such land and improvements
•
•
to their condition immediately prior to any construction, improvements or
repairs to the License Area.
5. Reserved Rights. Grantor reserves the right to make full use of the License
Area as may be necessary or convenient, and the Grantor reserves the right to use the License
Area including the right to access, as well as the right to operate, maintain, install, repair,
remove, or relocate any of its facilities or the facilities of any utility company located within
the License Area at any time and in such manner as it deems necessary or convenient. In the
event Licensee's installations or improvements shall interfere with the Grantor's use and
operation of the License Area, at any time hereafter, the Licensee shall, upon the request of
Grantor and at Licensee's sole expense, immediately relocate, rearrange, or remove its
installation or improvements so as not to interfere with Grantor's use. At no time shall
Licensee interfere with Grantor's use of the Licensed Area or with Grantor's installations
within the License Area. Licensee shall assume all risks incident to the presence of Grantor's
facilities, improvements, installations, invitees, guests, or members of the public within the
License Area. Nothing herein shall be construed so as to prevent Grantor from granting
additional licenses or property interests in or affecting the License Area as it deems
appropriate.
6. Construction, Modification, Maintenance Within License Area. Licensee shall
use all reasonable means to prevent any loss or damage to the Grantor or to others resulting
from the construction, modification, replacement, repair, operation, and maintenance of
Licensee's installations or improvements. If, during construction, modification, replacement,
repair, operation, use and maintenance of Licensee's installations and improvements, the
Grantor determines that damage has occurred to its facilities or the facilities of a utility
company, Licensee shall, upon written notice thereof, repair or replace such damage, at
Licensee's expense. Any repair or replacement of any of Grantor's installations or
improvements on the License Area made necessary shall be made at the sole expense of the
Licensee. Licensee shall not be responsible for damages resulting from force majeure. If the
Grantor at any time during the period of this License deems it necessary to excavate in the
License Area for construction, modification, replacement, repair, operation of, or maintenance
of any of Grantor's facilities, which work requires the moving of Licensee's installations or
improvements, costs of movement, re -installation, or replacement shall be borne by Licensee.
7. Maintenance of Facilities Within License Area. Whenever Grantor, in its
sole discretion, determines that maintenance of any installation, improvement (including the
paved driveway), requires maintenance, Grantor shall perform said maintenance and Licensee
agrees to pay % of all costs associated with said maintenance.
8. Prior Agreements. The rights and privileges granted by this Liceiose may be
subject to prior agreements, easements, and conveyances, recorded and unrecorded, and it
shall be the Licensee's sole responsibility to determine the existence of any rights, uses, or
installations conflicting with Licensee's use of the License Area and to resolve any such
conflicts.
9. Indemnification. Licensee agrees to indemnify and hold harmless the City
of Aspen, its officers, employees, insurers, and self-insurance, from and against all liability,
claims, and demands, on account of injury, loss, or damage, including without limitation
claims arising from bodily injury, death, property loss or damages, or any loss of any kind
whatsoever, which arise out of or are in any manner connected with this License, if such
injury, loss or damage is cause in whole or in part by, or is claimed to be caused in whole or
in part by the act, omission, error, professional error, mistake, negligence, or other fault of
Licensee. Licensee agrees to investigate, handle, respond to, and to provide defense for and
defend against, any such claim or demands at the sole expense of Licensee or, at the option of
the City of Aspen, Licensee agrees to pay City of Aspen or reimburse City of Aspen for the
defense costs incurred by the City of Aspen in connection with, any such liability, claims or
demands. Licensee further agrees to bear all costs and expenses related thereto, including court
costs and attorney fees, whether or not liability, claims, or demands alleged are groundless,
false or fraudulent.
10. Insurance. Licensee shall at all times during the term hereof, carry public liability
insurance for the benefit of the City with limits not less than those specified by Section 24-10-
114, C.R.S. (currently $150,000 per person and $600,000 per occurrence) as may be amended
from time to time, naming the City of Aspen as additional insured. Licnesee shall maintain said
public liability coverage in full force and effect during the term of this License and shall
furnish the City with a most current certificate of such coverage evidencing its validity.. All
insurance policies maintained pursuant to this agreement shall contain the following
endorsement: "It is hereby understood that this insurance shall not be cancelled by the surety
until thirty (30) days after receipt by the City, by registered mail, of a written notice os such
intention to cancel or not renew."
11. Notice. Notices and other communications that may be given, or are required to
be given hereunder, shall be in writing and shall be deemed given by the party when delivered
personally or when deposited in the United States mail with sufficient postage affixed and
addressed to such party at the respective address shown below:
CITY OF ASPEN:
City Manager
City of Aspen
130 S. Galena St.
Aspen, CO 81611
LICENSEE:
13. Grantor's Remedies: Enforcement.
a. Notice of Violation: Corrective Action. If Grantor determines that a violation of
the terms of this License has occurred or is threatened, Grantor shall give written notice to
Licensee of such violation and demand corrective action sufficient to cure the violation and,
where the violation involves injury to the License Area resulting from any use or activity
inconsistent with the purpose of this License, to restore the portion of the License Area so
injured to its prior condition in accordance with a plan approved by Grantor.
b. Injunctive Relief. If Licensee fails to cure the violation within ten (10) days after
receipt of notice thereof from Grantor, or under circumstances where the violation cannot
reasonably be cured within a ten (10) day period, fails to begin curing such violation within the
ten (10) day period, or fails to continue diligently to cure such violation until finally cured,
Grantor may bring an action at law or in equity in a court of competent jurisdiction to enforce
the terms of this License, to enjoin the violation, ex party as necessary, by temporary or
permanent injunction, and to require the restoration of the License Area to the condition that
existed prior to any such injury.
C. Damages. Grantor shall be entitled to recover damages for violation of the terms
of this License. Without limiting Licensee's liability therefore, Grantor, in its sole discretion,
may apply any damages recovered to the cost of undertaking any corrective action on the
License Area.
d. Emergency Enforcement. If Grantor, in its sole discretion, determines that
circumstances require immediate action to prevent or mitigate significant damage to the
License Area, Grantor may pursue its remedies under this section without prior notice to
Licensee or without waiting for the period provided for cure to expire.
e. Scope of Relief. Grantor's rights under this section apply equally in the event of
either actual or threatened violations of the terms of this License. Licensee agrees that
Grantor's remedies at law for any violation of the terms of this license are inadequate and that
Grantor shall be entitled to the injunctive relief described above, both prohibitive and
mandatory, in addition to such other relief to which Grantor may be entitled, including specific
performance of the terms of this License, without the necessity of proving either actual
damages or the inadequacy of otherwise available legal remedies. Grantor's remedies described
in this section shall be cumulative and shall be in addition to all remedies now or hereafter
existing at law or in equity.
f. Costs of Enforcement. All reasonable costs incurred by Grantor in enforcing
the terms of this License against Licensee, including, without limitation, costs and expenses of
suit and reasonable attorney's fees, and any costs of restoration necessitated by Licensee's
violation of the terms of this License shall be borne by Licensee; provided, however, that if
Licensee ultimately prevails in a judicial enforcement action each party shall bear its own
costs.
0 Is
g. Grantor's Discretion. Enforcement of the terms of this License shall be at the
sole discretion of Grantor, and any forbearance by Grantor to exercise its rights under this
License in the event of any breach of any term of this License by Licensee shall not be deemed
or construed to be a waiver by grantor of such term or any subsequent breach of the same or
any other term of this License or of any of Grantor's rights under this License. No delay or
omission by Grantor in the exercise of any right or remedy upon any breach by Licensee shall
impair such right or remedy or be construed as a waiver.
h. Acts Beyond Grantor's Control. Nothing contained in this License shall be
construed to entitle Grantor to bring any action against Licensee for any injury to or change in
the License Area resulting from causes beyond License's control, including, without limitation,
fire, flood, storm, and earth movement, or from any prudent action taken by Licensee under
emergency conditions to prevent, abate, or mitigate significant injury to the License Area
resulting from such causes.
13. General Provisions.
a. Controlling Law. The interpretation and performance of this Agreement shall be
governed by the laws of the State of Colorado.
b. Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Agreement shall be liberally construed in favor of the grant to effect the
purpose of this Agreement and the policy and purpose of C.R.S. 38-30.5-101 et seq. If any
provision in this instrument is found to be ambiguous, an interpretation consistent with the
purpose of this Agreement that would render the provision valid shall be favored over any
interpretation that would render it invalid.
c Severability. If any provision of this Agreement, or the application thereof to
any person or circumstance, is found to be invalid, the remainder of the provisions of this
Agreement, or the application of such provision to persons or circumstances other than those
as to which it is found to be invalid, as the case may be, shall not be affected thereby.
d. Entire Agreement. This instrument sets forth the entire agreement of the parties
with respect to this Agreement and supersedes all prior discussions, negotiations,
understandings, or agreements relating to this Agreement, all of which are merged herein.
e. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion
of Grantor's title in any respect.
f. Successors. The covenants, terms, conditions, and restrictions of this Agreement
shall be binding upon, and inure to the benefit of, the parties hereto and their respective
personal representatives, heirs, successors, and assigns and shall continue as a servitude
running in perpetuity with the Property.
0 0
g. Captions. The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no effect upon
construction or interpretation.
h. Recordation. Licensee shall record this instrument in timely fashion in the
official records of Pitkin County, Colorado, and may re-record it at any time as may be
required to preserve its rights in this Agreement.
[Signatures and acknowledgments on following page]
IN WITNESS WHEREOF, the parties hereto have executed the foregoing on the day
and year above first given.
The City of Aspen, Grantor
By:
Title:
State of Colorado
ss.
County of Pitkin )
The foregoing instrument was acknowledged before me this day of
, by the above named Grantor(s).
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
Notary Public
LICENSEE
State of Colorado
ss.
County of Pitkin )
The foregoing instrument was acknowledged before me this day of
, by the above named Licensee.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
Notary Public
IPW-5/6/02-G: \john\word\agr\monafrost-access-license. doc
icy
Ordinance No. 19
(Series of 2002)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
APPROVING THE REZONING FROM SCI
(SERVICE/COMMERCIAL/INDUSTRIAL) TO R-6 (MEDIUM DENSITY
RESEIDENTIAL) OF A TRIANGULAR PORTION OF LOT 4, TRUEMAN
NEIGHBORHOOD PROJECT PROPERTY LOCATED NORTH OF LOTS D AND E
OF BLOCK 71, ORIGINAL ASPEN TOWNSITE, LOCATED AT 216 E. HALLAM
STREET, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2737-073-14-001
WHEREAS, the Community Development Department received an application from
Frost Property LLC, represented by Stan Clauson Associates, LLC, requesting rezoning
approval pursuant to Section 26.310.10 of the Land Use Code for a property located at 216
East Hallam Street in the City of Aspen; and
WHEREAS, the Community Development Department Staff reviewed the
Application for compliance with the Rezoning Review Standards and has reviewed the
subject property and finds it to be that property described by Pitkin County, Colorado District
Court, Decree Quieting Title, Case No. 02 CV 40; and
WHEREAS, the City Zoning Officer, the City Engineer, the Parks Department,
Aspen Consolidated Sanitation District, and the City Fire Department reviewed the rezoning
and development proposal for 216 East Hallam Street and provided written referral
comments as a result of the Development Review Committee meeting; and
WHEREAS, upon review of the application, referral comments, and the applicable
Land Use Code standards, the Community Development Director recommended approval of
the Rezoning with conditions stated herein; and,
WHEREAS, the Aspen Planning and Zoning Commission reviewed and considered
the development proposal under the applicable provisions of the Municipal Code as identified
herein, and conducted a duly noticed public hearing on March 5, 2002 and by a vote of six to
zero recommended that the City Council approve the rezoning from SCI to R-6; and
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, have
reviewed and considered the recommendation of the Planning and Zoning Commission, the
Community Development Director, the applicable referral agencies, and has taken public
comment at a public hearing; and,
WHEREAS, the Aspen City Council finds that the rezoning request meets or exceeds
all applicable review standards and that the approval of the rezoning is consistent with the
goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary
for the promotion of public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the City Council hereby approves the Rezoning from S/C/I to R-6 a property located at 216
East Hallam for property described as:
A PARCEL OF LAND BEING A PART OF LOT 4, TRUEMAN
NEIGHBORHOOD COMMERCIAL PROJECT AS RECORDED IN PLAT BOOK
5 AT PAGES 70 THROUGH
75 IN THE OFFICIAL RECORDS FOR PITKIN COUNTY, COLORADO, SAID
PARCEL BEING MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID LOT 4,
WHENCE THE
WEST QUARTER CORNER OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84
WEST OF THE SIXTH PRINCIPLE MERIDIAN BEARS NORTH 170 47' 34"
WEST, A DISTANCE OF 1348.91 FEET;
THENCE NORTH 430 08' 33" WEST, A DISTANCE OF 70.76 FEET MORE OR
LESS ALONG THE SOUTHWESTERLY BOUNDARY OF SAID LOT 4 TO A
POINT OF INTERSECTION WITH THE WESTERLY BOUNDARY OF LOT "J",
BLOCK 71
ORIGINAL ASPEN TOWNSITE PROJECTED NORTHERLY, THE TRUE POINT
OF
BEGINNING;
THENCE CONTINUING ALONG SAID SOUTHWESTERLY BOUNDARY OF
LOT 4,
NORTH 430 08' 33" WEST, A DISTANCE OF 70-76 FEET TO A POINT OF
INTERSECTION WITH THE WESTERLY BOUNDARY OF LOT "D", BLOCK 71
THENCE NORTH 140 50' 49" EAST, A DISTANCE OF 29.62 FEET ALONG
SAID LOT "D" WESTERLY BOUNDARY PROJECTED NORTHERLY;
THENCE SOUTH 750 48' 37" EAST, A DISTANCE OF 15.55 FEET;
THENCE SOUTH 780 26' 25" EAST, A DISTANCE OF 26.16 FEET;
THENCE SOUTH 630 52' 32" EAST, A DISTANCE OF 18.70 FEET TO A
POINT OF INTERSECTION WITH THE NORTHERLY PROJECTION OF THE
WESTERLY BOUNDARY OF SAID LOT "J", BLOCK 71 ORIGINAL ASPEN
TOWNSITE;
THENCE SOUTHERLY ALONG SAID NORTHERLY PROJECTION SOUTH 14°
50' 49"
WEST, A DISTANCE OF 65.15 FEET TO THE TRUE POINT OF BEGINNING.
THE ABOVE PROPERTY DESCRIPTION CALCULATES TO CONTAIN AN
AREA OF
2925.506 SQUARE FEET MORE OR LESS.
Section 2
This Ordinance shall not effect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or amended
as herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 3
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
Section 4
A public hearing on this Ordinance was set for July 8, 2002 at a meeting to commence at 5:00
p.m. in the City Council Chambers, Aspen, City Hall, Aspen, Colorado, fifteen (15) days prior
to which hearing a public notice of the same shall be published in a newspaper of general
circulation with the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 24`h day of June, 2002.
Attest:
Kathryn S. Koch, City Clerk
Helen Kalin Klanderud, Mayor
FINALLY, adopted, passed and approved this 81h day of July, 2002.
Approved as to form:
City Attorney
Attest:
Kathryn S. Koch, City Clerk
Approved as to content:
Helen Kalin Klanderud, Mayor
FROST PROPERTY, LLC
APPLICATION FOR REZONING, ALLEY VACATION
AND LICENSE AGREEMENT FOR ACCESS
`> 1. The applications before the Council tonight involve
several related matters and several actions. 2nd
Reading of ... READ FROM REPORT Discuss taking
testimony on all of the matters. Staff would like to
proceed with reporting on all matters for consideration
tonight given the interrelatedness of the separate
actions.
2. Summary of application from Staff Report, GO TO
Presentation Materials and identify the site, the
vicinity and the areas under consideration.
3. Identify Applicant, representative -Stan -SEE No. 3
and some background info
4. Note that the development application is before the
PZ and the HPC for... major development as a historic
property. Duplex on the front and unit and ADU on
the back barn parcel.
5. Address Rezoning p. 3 of the staff report
6. Address Alley Vacation -note conditions and discretion
of council in this vacation., input from referral
agencies.
7. Address License Agreement -Exhibit D
8. Recommendation -Note findings in Exhibit A
ALLERGY
ASSOCIATES
DIPLOMATES AMERICAN BOARD OF ALLERGY AND IMMUNOLOGY
FELLOWS AMERICAN ACADEMY OF ALLERGY AND IMMUNOLOGY
7
'1I
RICHARD B. ,JOHNSON, M.D.
ALLEN T. SEGAL, M.D.
ROBERT N. LAND, M.D.
SUITE 310 • EAST TOWER
13601 PRESTON ROAD AT ALPHA ROAD
Ir
DALLAS, TEXAS 75240-4954
972/661 -91 97
FAX 972/960-2205
i
JUL-15-2002 MON
10:10 AM EXR E QUALITY FAX NO, 307 7164
P. 01
CAPLAN AND EARNEST LLC
G. LANC EARNEST
LYNN G. KUYKENDALL
RICHAkD E. DUMP
WILLIAM A_ AHLSTRAND
LYNN DAVID BIRD
WILLIAM J. KOWALSKI
SUSAN S. SCHERMERHORN
J. MAnCU$ PAINTER
ALLEN P. TAGGART
SHARON E. CAULFIELD
SARAH E. MESHAK
W. STUART STULLER
CHEf1YL M. KARSTAEDT
THOMAS S. CnABB
PETER M. HAMILTON
ATTORNEYS AT LAW
WATEnSTREET
2GAS CANYON DOULEVARD, SUITE 400
BOULDER, COLOnA00 R0302-0737
TELEPHONE: (303) 443-801 O
TELECQPIER: (303) 440-3967
WWW.CELAW.COM
July 15, 2002
TO: Joyce Ohlson, Deputy Director
RECEIVED
JUL 15 MZ
kr r_iy I r I I KIN
COMMUNITY DEVELOPMENT
COLLEEN A. O'LAUGHLIN
JENNIFER A. SULLIVAN
M. GWYNETH WHALEN
MARK B. WILETSKY
JULIE A. TISHKOWSKI
SHELLY D. MERRITT
KATHLEEN M. SHANNON
CHRISTOPHER A. GUNLIKSON
CHRISTOPHER P. FRIEDMAN
DEREK H. KIERNAN-JOHNSON
JAMES C. BRANUM
PHILLISA S. SHOEMAKErt
OF COUNSEL
GEnALD A. CAPLAN
COMPANY: City of Aspen Community Development Department
FAX #: (970) 920-5197 PHONE #: (970) 920-5062
FROM: Richard E. Bump
Sender's Fax No.: (303) 440-3967 Sender's Phone No.: (303) 443-8010
RT:: 216 E. Hallam Conditional Use (Mona Frost Property)
No. of pages (including cover letter): 3
ORIGINAL/COPY WILL FOLLOW BY MAIL
MESSAGE: Ms. Ohlson, Attached is a letter from Hill and Joan Light of 219 North
Monarch, expressing their concerns about and objections to the above -
referenced conditional use application. Thank you in advance for your
courtesy in making this part of the record and for distributing copies to the
members of the Planning and Zoning Commission before tomorrow
evening's continued hearing.
Richard Bump
NOTE: The inibnnatitm confained in or attached to this FAX mesrnbt is intended for the confidential use of dir ituGvidultl(s) named
Above. Cf you are not the named recipient, you Are hereby notified that you have ru:oivcd this doctuuent in error and that review,
dissemination ar copying of this conununicatlon is prohibited. If you have received this counimnicxtion in ennr, pieaKc notify us
inullediately by telephone and MIUM the original documenLs to us by wail. Thank vou.
JYL-15-2002 MON 10:10 AM EX4E QUALITY FAX NO. 3J77164 P. 02
219 North Monarch
Aspen, Colorado 81611
July 14, 2002
Jasmine Tygre, Chair
Members of the Planning and Zoning Commission
City of Aspen
130 S. Galena Street
Aspen, Colorado 81611-1975
Re: 216 E. Hallam Conditional Use for Duplex on a 6,000 SF Lot that
Contains a Historic Structure
Dear Ms. Tygre and Members of the Commission:
On behalf of our family, we respectfiilly request that the conditional use application for 216
E. Hallam be denied.
The proposed use is significantly out of character, larger in scale, and substantially more
dense than the neighboring homes. When considered in context and fairness, the ultimate
effect of the Application will be to convert a historic barn and singe family home of 2-3
bedrooms and one bath on the current property, into three La t e homwith 1 ? hP�T���„
The intensity of the proposed use would push
development below ground, above ground, and virtually to the extremes of the property
lines, consuming the historic site with structures and requiring variances in setbacks and in
parking for the cars that will inevitably overflow into the street.
The historical character of the neighborhood will be irreconcilably altered by this
development and its adverse effects. Our home, 219 N. Monarch, is diagonally across the
street from the Mona Frost house. During the 40 years of our ownership, we have greatly
appreciated the City's efforts to maintain the character of our West End neighborhood as it
was when we purchased in the 1960's. The City has done this despite changes inn ownership
and those new owners' desires to reap large financial rewards from more intensive
development.
The first challenge to the distinctive qualities of our neighborhood was when Fred and
Florence Glidden's house sold. The next was the Reynolds' house adjacent to the Glidden's
on the west. Perhaps the greatest threat to neighborhood character occurred when the
School District determined to vacate the red brick elementary school. In each case, even
though an addition and a new single family home were eventually approved on the Glidden
and Reynolds' sites, the ultimate uses have remained single family and, particularly in the case
of the real brick school, did not succumb to multi -family, intensive development pressure,
in-15-2002 MON 10:11 AM EXABYTE QUALITY FAX NO. JJ177164 P. 03
0
As a result, population density, traffic, and parking on the street have not measurably
changed over the years.
Having been in our neighborhood for 40 years, it is inconceivable to us that the staff could
seriously state that "the proposed duplex use is appropriate and compatible with the
surrounding structures and use." The term "duplex," as applied to this development, while
perhaps legal, is a misnomer for all practical purposes. "Three, multi -thousand -square -foot
residences, including 12 bedrooms, 8 baths, and 5 cars on the Mona Frost site, are not even
close in character or use to such homes as the Birko's or ours, each of which have
historically had only a small one -bedroom apartment incorporated as part of the residence.
We respectfully appeal to you to preserve the character of our neighborhood and deny the
application as presented. The adverse consequences of a development of the nature,
magnitude, scale, and intensity that has been proposed by the applicant will have significant,
adverse effects upon and forever change the nature of the neighborhood that City has
consistently worked so long to protect.
Thank you for your serious and thoughtful consideration of our concerns.
Sincerely,
. Light
I ght
Hon. Mayor I Ielen Kanderud
Members of City Council
John P. Worcester, Esq., City !Attorney
Ms. Joyce Ulilson, Deputy Director
James Lindt, Planner
-2-
J • Joseph A. Amato •
222 E. Hallam St.
Aspen, Colorado 81611
June 21, 2002
Re: Mona Frost Property; 216 E. Hallam
St. Aspen — Application Before Planning
And Zoning — City Council & Historic
Preservation Commission
Dear Neighbor:
I am writing to you in an effort to provide information for your review and
consideration.
A development group has purchased the "Mona Frost Parcel" which includes
Mona Frosts home and the old barn to the rear of her home. Both are in a sad state of
disrepair. The good news is that the developer plans to "restore" the old house and
barn. The bad news is that they are planning to create "duplexes" on the side of each
structure which will produce 12 bedrooms and 11 bathrooms This will essentially
destroy "all green areas" on this site and create "mass and density" which does not
exist in our neighborhood.
In order to accomplish this goal (4 structures — 12 bedrooms & 11 bathrooms)
they need variances, waivers, and the use of the pedestrian walkway located along the
western side of the Red Brick School House. The bottom line is the dramatic effect and
unnecessary change from our Victorian single family neighborhood to a multiple family
village type setup (i.e. too many bedrooms, cars, and excessive massing of structures.)
The streetscape changes and impacts all of us in a negative way.
Aside from a dramatic change to the neighborhood by additional cars (from the
12 bedrooms and the new structures), they will be using the existing pedestrian
walkway. At the present time, only emergency vehicles and occasional service vehicles
use the pedestrian walkway. This will create a dangerous condition for young children
entering or leaving the gymnasium and for pedestrians using the walkway to get to the
music tent.
What can you do?
-2-
The HPC is prepared and willing to overlook so many of their design standards as
set forth in the "Historic Preservation Design Guidelines" dated April 2000 (see attached
list) and is willing to waive set back requirements, parking requirements, and FAR
restrictions to permit the uses requested. Without the setback waivers variances and
permission to use the pedestrian walkway the Mona Frost house and the old barn can
be restored without the duplexes!
Fortunately, the Planning & Zoning Commission has questioned many of the
issues and problems associated with this high density, massive scale proposed
development. The city counsel has to approve the use of the pedestrian walkway as a
driveway for this new construction.
If you feel as I do that the development should be limited to the restoration of
the Mona Frost home and the old barn in keeping with our neighborhood, please take
some time to call the Chair of Planninq and Zoning or a member City Counsel and
express your disappointment and feelings with the development of this large scale
development in our neighborhood. You could attend the meeting at City Council on
Monday July 81' Cad 5:00 PM to express your concern for the safety of the kids and
people using the pedestrian walkway and the traffic associated with a 12 bedroom
development on this property. (Less mass, less congestion.) You could also attend the
HPC meeting on Wednesday July 10t�' (aD 5.00 PM and the continuation of the public
hearing at the next meeting of Planning and Zoning Commission on Tuesday July 16tn
4:30 PM and voice your objection to the proposed waivers and variances.
A curb cut is available to serve the Mona Frost house and the old barn as
opposed to using the pedestrian walkway.
Your letter and voice is extremely important. As I said in the beginning of this
note, the restoration of the Frost house and the old barn is fine. The addition of
duplexes and the increase to 12 bedrooms and 11 bathrooms destroy the very fabric of
our single family neighborhood.
There is nothing personal here. Good planning in our neighborhood requires
serious consideration of the impacts to the subject site as well as its neighbors.
Thank you for your consideration.
Very truly yours,
M
Joseph A. Amato
JAA/lag
Enc.
-3-
Additional Facts Development — Mona Frost Home and Old Barn
216 E. Hallam St. Aspen
1. The duplexes added to each of the old structures (which in total produce 12
bedrooms and 11 bathrooms) can only be created with the waivers and
variances requested. Without the setback waivers and variances and the use of
the pedestrian walkway, the only development that could occur would be the
restoration of the Mona Frost house and the old barn. The restoration of the two
old structures would be in keeping with our single family neighborhood and
would be satisfactorv.
2. Reference is made to the City of Aspen Historic Preservation Design Guidelines
dated April 2000. These design guidelines are in effect and are the rules and
regulations to be followed by the Historical Preservation Commission in
considering development at or on historically designated sites. I call your
attention to the following pages and language relating to this development.
• Page 2 ....... in general setback variances and parking waivers are
supported by the HPC when they benefit the landmark structure and
have no detrimental effect on the property of the neighborhood. The
FAR bonus is very valuable to some applicants, but its one that HPC
generally feels should only be awarded to projects of significant merit .
.. to preserve or restore the historic structure when it is used to create
a historic landmark lot split.
Comment — A lot split would occur here for the old barn and the Mona
Frost house; however, there are 2 buildings and those 2 buildings are
being restored. However, they wish to add 2 additional structures
(duplexes) which essentially have a major detrimental effect on the
property as well as the immediate neighborhood.
• Page 35 — "Private Yard 1.11 Preserve and maintain mature landscaping
on site particularly landmark trees and shrubs.
Comment — By creating the duplexes a major tree will be taken away on
the easterly side of the development as well as 60 to 75 year old lilac
bushes which should be preserved. By granting the Mona Frost house
variance, 3' to the west there are a grouping of lilac bushes that would be
destroyed. r
• Page 78 — "Preserving Building Locations and Foundations ... it must be
demonstrated that relocation is the best preservation alternative."
•
•
MAN
Comment — The sole purpose of moving each of the existing structures is
to create duplexes. HPC very rarely allows the relocation of a building.
Why have they allowed this here based on their normal consideration of
relocation?
• Page 82 — "Basic Principals for New Additions" — "The addition also
should not affect the perceived character of the building. In most cases,
loss of character can be avoided by locating the addition to the rear."
"Keeping the size of the addition small in relation to the main structure
also will help minimize its visual impacts." "For example, a side addition
may change the sense of rhythm established by side yards in the block.
Locating the addition to the rear could be a better solution in such a
case."
Comment — The basic orientation of the existing barn is being turned in
order to add a large duplex. Why? The Mona Frost house is being moved
3' to the west by granting a setback variance so a duplex can be added
alongside of the Frost home. Why? Based on the above they are
violating the basic principles for new additions. The barn should be left
where it is.
• On page 88 - "Mass and Scale — The mass and scale of a new building is
also an important design issue. A new building should be considered
compatible in mass and scale with its historic neighbor and not
overwhelm it."
Comment - By adding the two duplexes the mass and scale of the old
houses is overwhelmed and so is the lot. Therefore, the current
development plan does not conform to the mass and scale that the design
guideline speaks to.
• Pedestrian Walkway — There is a letter from the city attorney — The
pedestrian walkway should not be used as a means of ingress and
egress from the proposed development.
Comment - Why has HPC chosen to ignore the contents of this letter?
City Council will vote on this and hopefully not ignore the City Coun_cil's
Attorney.
• There are numerous other sections of the Historic Preservation Design
Guidelines that are essentially being ignored. If you wish to take the
time to review this book it is available at the HPC or other places in
town.
Bump Richard, 03:46 PM 1/14/02 -0600, Re: 216 E. Hallam Rezoning
To: Bump Richard <bumpr@mindspring.com>
From: Joyce Ohlson <joyceo@ci.aspen.co.us>
Subject: Re: 216 E. Hallam Rezoning
Cc:
Bcc:
Attached:
Greetings,
Here is the best way for you to get the information re. allowable uses in both the SCI and R-6 zone districts:
Go to www.aspengov.com
Click on Community Development Department
Clickon Documents Available
Click on Municipal Code, then
Click on Search (top left)
Type in "R-6 Zone District' (print if you want) and separately,
Type in "SCI Zone District' (print)
The applicants are seeking to change the zoning of the back parcel (where the barn is located) from SCI to R-6.
This would allow them to build a single family dwelling on that parcel. They are also seeking to vacate a portion of
an old remnant piece of alley (public right of way) behind the main house. Some of this vacated land area would go
to the back parcel and some would go to the main house parcel. If this were to happen, the main house could be
converted from a single family dwelling to a duplex.
There is no official development plan proposed at this time. They are proposing the rezoning, alley vacation and
formal access approval from the City (for their current driveway which is on City property). The information in the
above paragraph is what could be allowed. Any actual physical development on the site would be subject to further
review by the Historic Preservation Commission because the site is landmarked.
Please feel free to message me with further questions. The application is also available for review here at City
Hall.
Joyce Allgaier Ohlson
Deputy Director of Community Development
At 09:23 PM 1/13/02 -0700, you wrote:
Dear Ms. Ohlson,
Our family owns the residence at 219 North Monarch, which is diagonally
across the street from 216 E. Hallam. We would like to know what uses
are authorized under the current SCI zoning category and what uses under
the proposed R-6 (Medium -Density Residential), being requested. Also,
have any plans for the use of the property under the proposed new zoning
category been submitted?
Thank you for your assistance.
Richard and Linda Light Bump
Bill and Joan Light
(303) 443-8010
Printed for Joyce Ohlson <joyceo@ci.aspen.co.us> 1
Bump Richard, 09:23 PM 1/13/02 -0700, 216 E. Hallam Rezoning
Date: Sun, 13 Jan 2002 21:2127 -0700
From: Bump Richard <bumpr@mindspring.com>
X-Mailer: Mozilla 4.73 [en] (Win95; U)
X-Accept-Language: en
To: joyceo@ci.aspen.co.us
Subject: 216 E. Hallam Rezoning
X-ECS-MailScanner: Found to be clean
Dear Ms. Ohlson,
Our family owns the residence at 219 North Monarch, which is diagonally
across the street from 216 E. Hallam. We would like to know what uses
are authorized under the current SCI zoning category and what uses under
the proposed R-6 (Medium -Density Residential), being requested. Also,
have any plans for the use of the property under the proposed new zoning
category been submitted?
Thank you for your assistance.
Richard and Linda Light Bump
Bill and Joan Light
(303) 443-8010
rbump@celaw.com
Printed for Joyce Ohlson <joyceo@ci.aspen.co.us>
Seguin & Associates, 05:21 PM 1/10/02 -0700, No Subject
From: "Seguin &Associates" <seguin@aspeninfo.com>
To: <joyceo@ci.aspen.co.us>
Date: Thu, 10 Jan 2002 17:21:37 -0700
X-Mailer: Microsoft Outlook Express 4.72.3110.1
X-MimeOLE: Produced By Microsoft MimeOLE V4.72.3110.3
X-ECS-Mail Scanner: Found to be clean
Hi Joyce,
Got your notice RE:216 E. Hallam Rezoning
I live across the street on the corner. I suppose this notice means a duplex or something worse. This is purely a
single family residence neighborhood.
I am a bit sensitive as the community church is my neighbor to the south. I was assured that elevator monstrosity
they built on the alley would not impact my view of Aspen Mt. and would be done in 90 days. It has been eight
months and I totally lost my Aspen Mt. view. in addition the project is still not done.
Please let me know what R-6 medium -density residential translates to.
Thanks
Bill Seguin
Printed for Joyce Ohlson <joyceo@ci.aspen.co.us>
• •
Seguin & Associates, 11:14 AM 1/11/02 -0600, Re: 216 East Hallam
To: "Seguin & Associates" <seguin@aspeninfo.com>
From: Joyce Ohlson <joyceo@ci.aspen.co.us>
Subject: Re: 216 East Hallam
Cc:
Bcc:
Attached:
Dear Mr. Seguin,
Thank you for your email message dated 1/10/02. 1 would be happy to discuss this matter with you and provide any
additional information. I would like to do this sometime on Monday 1/14, after I have given additional study to the
case and met with the applicant (in the a.m.) to have some of my questions answered. Please expect to hear from
me Monday afternoon or Tuesday.
Thank you.
Joyce Allgaier Ohlson
Deputy Director of Community Development
At 05:21 PM 1 /10/02 -0700, you wrote:
Hi Joyce,
Got your notice RE:216 E. Hallam Rezoning
I live across the street on the corner. I suppose this notice means a duplex or something worse. This is purely a
single family residence neighborhood.
I am a bit sensitive as the community church is my neighbor to the south. I was assured that elevator monstrosity
they built on the alley would not impact my view of Aspen Mt. and would be done in 90 days. It has been eight
months and I totally lost my Aspen Mt. view. in addition the project is still not done.
Please let me know what R-6 medium -density residential translates to.
Thanks
Bill Seguin
Printed for Joyce Ohlson <joyceo@ci.aspen.co.us> 1
Seguin & Associates, 02:12 PM 1/14102 -0600, Re:
To: "Seguin & Associates" <seguin@aspeninfo.com>
From: Joyce Ohlson <joyceo@ci.aspen.co.us>
Subject: Re:
Cc:
Bcc:
Attached:
Greetings, In terms of the Mona Frost Trust property and what they are proposing, I will answer your question
directly. R-6 means that a duplex could be put on the lot which fronts on Hallam and a single family dwelling on the
separate back lot which currently contains the historic barn. This is only if the alley which divides these two parcels
is vacated. Duplexes are currently allowed in the R-6 zone district. Any development would be subject to Historic
Preservation Commission review and approval.
Hope this helps. Feel free to come in and look at the proposal application and ask any questions.
Joyce Ohlson
At 05:21 PM 1 /10/02 -0700, you wrote:
Hi Joyce,
Got your notice RE:216 E. Hallam Rezoning
I live across the street on the corner. I suppose this notice means a duplex or something worse. This is purely a
single family residence neighborhood.
I am a bit sensitive as the community church is my neighbor to the south. I was assured that elevator monstrosity
they built on the alley would not impact my view of Aspen Mt. and would be done in 90 days. It has been eight
months and I totally lost my Aspen Mt. view. in addition the project is still not done.
Please let me know what R-6 medium -density residential translates to.
Thanks
Bill Seguin
Printed for Joyce Ohlson <joyceo@ci.aspen.co.us> 1
• �:�,�� FAX N0. 05 2002 04:13PM P3
J7 Fa0.6931 P. 6
-----�
PROPERTY DESCRIPTION, LOT 4, TRUEMAN NEIGHBORHOOD COMMERCIAL
PROJECT TO THE MOST PROPERTY.
A PARCEL OF LARD BEING A PART OF LOT 4, TRUEMAN NEIGHBORHOOD
COMMERCIAL PROJECT AS RECORDED IN PLAT BOOK S AT PAGES 70 THROUGH
75 IN THE OFFICIAL RECORDS FOR PITKIN COUNTY, COLORADO, SAID
PARCEL BEING MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID LOT 4, WHENCE THE
WEST QUARTER CORNER OF SECTION 7, TO➢QNSHIP 10 SOUTH, RANGE 84
WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARS NORTH 17' 47' 34"
T WEST, A DISTANCE OF 1348.91 FEET;
< THENCF NORTH 43' 08' 33" WEST, A DISTANCE OF 70.76 FEET MORE OR
LESS ALONG THE SO POINT OF
INTERSECTION WITH THE WESTERLY BOUNiaRRY OF LOT "Jr", BLOCK 71
ORIGINAL ASPEN TOWNSITE PROJECTED NORTHERLY, THE TRUE POINT OF
BEGINNING;
THENCE CONTINUING ALONG SAID SOUTHWESTERLY BOUNDARY OF LOT 4,
NORTH 43' 08' 33" WPsT. A_llISTANC OF 70 76 FFPT Tn AnTtr nr
1NT (3`T�V WITH THE WESTFRLy BO y OF LOT "D", BOCK 71
IORIGINAL ASPEN TOWNSITE;
V
HENCE NORTH 14° 50' 49" EAST, A D C.E OF 29.62 FEET ALONG
SAID LOT "D" WEST Y PROJECTED NORT
C.F. SOUTH 75° 48' 37" T, A DISTANCEgTp
HENc:78° 26' 25" EASTA B OF 26.16 F'EE
IIi'NCE—'S-�H 63° 52' 32" EAST, A DISTANCE OF 18 7 F�' `T TO A
POINT OF INTERSECTION WITH THE NORTHERLY PROJECTION OF THE
WESTERLY BOUNDARY OF SAID LOT "J", BLOCK 71 ORIGINAL ASPEN
"O'WS �I TE ;
THENCE SOUTHERLY ALONG SAID NORTHERLY PROJECTION SOUTH 140 50' 491' L9EST, A DISTANCE of 65 OINT 0
THE ABOVE PROPERTY DESCRIPTION CALCULATES TO CONTAIN AN AREA OF
2925,506 SQUARE FEET MORE OR LESS.
THE PROPERTY DESCRIBED HEREWITH IS SUBJECT TO ALL EXISTING
EASEMENTS AND RIGHTS -OF -WAX.
THIS PROPERTY DESCRIPTION WAS WRITTEN BY:
LOUIS H. BUETTNER
0040 WEST SOPRIS CREEK ROAD
RA —SALT, COLORADO
970-927-3611
�c,b•19. 2002 4 : 3 0 P M
No.4607 P. 1,/9
CNARLEs T. BRANDT (1939-2001)
GARRET S. BRANDT
MICHAEL FEIGENBAUM
PETER P. DELANY, PARALEGAL
i
BRANDT ♦ FEIGENBAUM, P.C.
ATTORNEYS AT LAW
US BANK BUILDING
420 EAST MAIN STREET, SUITE 204
ASPEN, COLORADo 81611
TELEPHONE: 970,925.5196
FAX: 970.925,4559
�6tww. bra ndt-IaW.CQm
FAX COVER SKEET
FAX NUMBER D TO:
To: Joyce Ohlson
CC: Camilla Auger - 544-9251
From: Garret Brandt
Client/Matter:
Date: Februar� 19, 2002
920-5439
BASALT OFFICE:
132 MIDLAND AVENUE, SUITE 4
BASALT, CoLoRADo 81621
TELeaHONE: 970.925 , 5196
FAX: 970.925.4559
COMMENTS:
Ms. Ohlson - Here is the Complaint filed for Frost Property, LLC to quiet title to the triangLilar
piece of property at the rear of the Mona Frost house and barn. I have not attached the exhibits as
you have these from prior correspondences with Tom Todd. I will be setting the attached
Stipulation Motion for Decree Quieting Title before Judge Ossola as soon as possible. If you do
need any additional piece of information, please call me. Garret
* IVOT coF- TrL,,G COVER SHEET, IF YOU DO NTOT REC r, E AU PAGES, PLEASE TELEPHOZ,,E US I!,SZDjA'IEcLY AT (970) 925-5196.
CONFIDENTIALITY NOTICE
This facsimile may contain confidential information protected by the attorney -client privilege. It is intended for the
named recipient oniy. If you are trot the named recipient, you may not use, distribute or otherwise disclose this
information without our consent. Instead, please call (970) 925-5196, we wf arrange for the destruction or return.
Feb.19. 2002 4:30PM No.4607 P. 2/9
•
•
1 u
DISTRICT COURT, PITKL*4 COUNTY, COLORADO
a �' :,' E. � �� �' :. ✓v
Court Address:
506 East Main Street
Aspen, Colorado 81611
;
'
Telephone: (970) 925-7635.
Facsimile: (970) 925-6349
Plaintiff:
Frost Property, LLC
!�
(
Defendants:
Puppy Smith LLC, and The Oity of Aspen, Colorado
Attorney or Party Without �ttorney:
Name: Garret S. Brandt
E Brandt & Feigenbaum
Address: 132 Midland Avenue
se-/Ud.
Basalt, Colorado 81621
i
Phone Number: (970) 925 5196
G C_ V �G
Fax Number: (970) 925 4559
'z
V.
E-mail:
Atty.Reg*; 29816
COMPLAINT
Plaintiff, Frost Property, LLC for its Complaint against Defendants Puppy Smith LLC,
and The City of Aspen, state as follows:
L PARTIES AND JURISDICTION
1. Plaintiff is the owner of record of real property (the "Frost Property") described
on Exhibit "A" attached hereto and incorporated herein by this reference. The Frost Property is
located at 216 East Hallam Street, Aspen, Pitkin County, Colorado, 81611. A true and accurate
copy of the deed evidencing Plaintiff's ownership of the Frost Property is attached hereto as
Exhibit "B" and is incorporated herein by this reference.
2. Defendant Puppy Smith, LLC, a Colorado limited liability company, ("Puppy
Smith")' is the owner of record of real property (the "Puppy Smith Property") in the City of
Aspen, Pitkin County, Colorado. The property description of the Puppy Smith Property is
attached hereto as Exhibit "C"land is incorporated herein by reference.
3. The City of Aspen, Colorado (the "City of Aspen"), is a Colorado municipal
corporation located in Pitkin .County, Colorado. The City of Aspen is made a party to this
lawsuit because any determination rendered in this matter affects real property located within
Feh . 1 9 , 2002 4: 31 PM
Nn.AW P. ..1/9
DISTRICT COURT, EAGLE COUNTY, COLORADO
Case No. , Frost Property- L C v. Puppy Smith LLC and The City of Aspen
Colorado
COMPLAINT
Aspen city limits and involves the division of land exempt from the definition of "Subdivision"
as that term is defined in the Land Use Regulations set forth in Title 26, Section 26.104.100 of
The City of Aspen Municipal Code (the "Code").
4. Venue is proper in Pitkin County pursuant to C.R.C.P. Rule 98(a) because, inter
alia, this lawsuit involves real property located in Pitkin County,
U. GENERAL ALLEGATIONS
5. Plaintiff incorporates by reference Paragraphs 1 through 4 above as though fully
set forth herein.
6. The Frost Propi rty consists of two (2) parcels. The first or "front" parcel fronts
Hallam Street and consists of f ots H and I of Block 71 of the City and Townsite of Aspen. The
second or "rear" parcel consists of Lots D and E of Block 71 of the City and Townsite of Aspen
together with a triangular parcel (the "Triangular Parcel") described by metes and bounds and
labeled as "Parcel Two" on Exhibit "A."
7. The Triangular Parcel was the subject of adverse possession claims made by
Plaintiff's predecessor in interest, The Mona J. Frost Trust (the "Trust"). The Trust asserted
ownership of the Triangular Parcel by virtue of over 95 years of hostile, open, continuous
exclusive, adverse and notorious use of the Triangular Parcel. The Trust and its predecessors,
various Frost family members,, owned and maintained an historic barn structure on the Triangular
Parcel for over 95 years. The Triangular Parcel was also used for an underground fuel storage
tank and for motor vehicle access and storage (see Affidavit of Pauline Marshall attached hereto
and made a part hereof as Exhibit "D").
8. The Puppy Smith Property was subdivided and platted by Puppy Smith's
predecessor in interest, James R. Trueman, by virtue of the subdivision plat map for the Trueman
Neighborhood Commercial Project recorded on April 8, 1977 in Plat Book 5 at Page 70 of the
Pitkin County Real Property Records (the "Trueman Plat").
9. The second page of the Trueman Plat is attached hereto and made a part hereof as
Exhibit ` E," and shows and labels certain "apparent encroachments" on the lands covered
thereby." Specifically, the Trueman Plat shows the historic barn located on the "rear" portion of
the Frost Property. A significant portion of this historic barn structure is located on the
Triangular Parcel described above,
10. The second page of the Trueman Plat also contains a surveyor's plat note that
states that "All apparent encroachments subject to quiet title decree". On information and belief,
James R Trueman did not pursue or complete any quiet title proceedings to resolve ownership to
the real property underlying these apparent encroachments.
-2-
Feb.19. 2002 4:31PM No-4607 P. 4/9
I
DISTRICT COURT, EAGLE COUNTY, COLORADO
Case No. , _Frost Property, LLC v. Puppy Smith LLC and The City of Aspen
Colorado
COMPLAINT
11. In order to resolve the Trust's adverse possession claims, Puppy Smith executed
and delivered a Quit Claim Deed recorded as Reception No. 455904, purporting to transfer title
to the Triangular Parcel. A true and accurate copy of the Quit Claim Deed is attached hereto as
Exhibit "F", and is incorporated herein by reference.
12. Such severance, partition, conveyance of the previously platted portion of the Puppy
Smith Property may arguably be considered to be in violation of the City of Aspen's subdivision
regulations in the absence of empress City of Aspen consent or acknowledgement to the same.
QUIET TYTLE CLAIM
II
13. Plaintiff repeats and incorporates by reference Paragraphs I through 12 above as
though fully set forth hercin.
14. Any claim of Puppy Smith or the City of Aspen to any right, title or interest in
and to the Triangular Parcel is adverse to the legal rights and property interests of Plaintiff, and
the City of Aspen's and Puppy Smith's claims are without foundation or right.
1
15, Accordingly, Plaintiff seeks a complete adjudication of the rights of all Parties to
this action with respect to the! ownership of the Triangular Parcel and a decree quieting title in
Plaintiff.
i
WHEREFORE, Plaintiff requests that this Honorable Court enter an Order:
a. Granting judgment in favor of Plaintiff and against Defendants Puppy Smith and
the City of Aspen on all claims set forth in the Complaint-,
b. Quieting title in Plaintiff in and to the Triangular Parcel and declaring that
Plaintiff is the owner of a fee simple estate in the Triangular Parcel;
C. Awarding Plaintiff such other and further relief as this Court deems just and
proper.
DatedFebruary l6, 2002.
I
I
I
Respectfully submitted,
Garret S. Brandt, #29816
BRANDT & FEIGENBAUM
ATTORNEYs FOR PLAINTIFF
-3-
Feb.19. 2002 4:31PM
No.4607 P. 5/9
DISTRICT COURT, PITEIN OUNTY, COLORADO
Court Address:
506 East Main Street
Aspen, Colorado 81611 'LL
Telephone: (970) 925-7635
Facsimile: (970) 925-6349
Plaintiff:
Frost Property, LLC
Defendants:
Puppy Smith LLC, and The City of Aspen, Colorado
Attorney or Party Without Attorney: '
Name: Garret SJBrandt
Brandt & Feigenbaum
Address: 132 Midl nd Avenue
Basalt, C�Olorado 81621
Phone Number: (970) 921-5196
Fax Number: (970) 92�4559
E-mail:
Atty.Reg.#:
STIPULATED MOTION FOR DECREE QUIETING TITLE
COMES NOW, Plaintiff, Frost Property, LLC Defendants, Puppy Smith, LLC and The
City of Aspen, either pro se or by and through their respective attorneys, hereby jointly stipulate
and submit this motion as to tj following matters:
1- The Defendantls accept service of process and confess judgment on the pleadings
filed in this action.
2. The parties hake reached complete agreement on all matters relating to the facts
and issues arising from the claims covered by this action, and are desirous of stipulating to a
decree quieting title.
i
3. The parties hereby waive their rights to appeal or otherwise contest the final
decree quieting title so long �s it is in form and content identical to the proposed decree filed
with this motion.
I
5. Each party sh4l pay its own respective attorney fees, costs and expenses.
Feb.19. 2002 4:31PM •
I
DISTRICT COURT, PITEaN �OVN TY, COLORA.DO
Case No. Frost Proerty, LLC v. Puppy Smith LLC and Th
Colorado
STIPULATED MOTION FOR !�ECREE QUIETING TITLE
I
i
I
Respectfully submitted this of February _, 2002.
i
i
2901959_I.DOC
BRANDT & FEIGENBAUM
No.4607 P. 6/9
By:
_ roj�d5g-641�-
Garret Brandt, # 29 1r1(6
BRANDT & FEIGENBAUM
132 Midland Avenue, Suite 204
Basalt, Colorado 91621
ATTORNEYS FOR PLAINTIFF
LLC, a Colorado limited
Tony N-pia, Manager
THE CITY OF ASPEN, a Colorado municipal
corporation
By�of e
;o
John Worcester, City Attorney
-2-
Feb.19. 2002 4:31PM
No.4601 P. 1/9
DISTRICT COURT, PITKIN JCOUNTY, COLORADO
Court Address:
506 East Main Street
Aspen, Colorado 81611
Telephone: (970) 925-763 �
Facsimile: (970) 925-6349
Plaintiff:
Frost Property, LLC
Defendants:
Puppy Smith LLC, and The City of Aspen, Colorado
Attorney or Party Without Attorney:
Name: Garret S. Brandt
Brandt & Feigenbaum
Address: 132 Midl�nd Avenue
Basalt, C, lorado 81621
Phone Number: (970) 92i-5196
Fax Number: (970) 92 -4559
E-mail:
Atty.Reg.#: a rT6 6
DECREE QUIETING TITLE
THIS MATTER heard this day,
THE COURT FINDS:
I
That each of the defendants herein have been properly served as required by
law and rule of Court; that this is an action in rem affecting specific real property;
that the court has jurisdiction of all parties to this action and of the subject matter
thereof; that the allegations of the Complaint are true; that every claim made by said
defendants is unlawful ands without right; that no defendant herein has any title or
interest in or to the property described herein or any part thereof; therefore:
IT IS ADJUDGED ;AND DECREED THAT Frost Property LLC, Plaintiff, at
the time of the commencement of this proceeding, was, and now is, the owner in fee
simple, with right to possession of the real property in Pitkin County, Colorado
described on Exhibit "A" attached hereto; that fee simple title in and to said real
property be and the same hereby is quieted in the Plaintiff, and that each of the
defendants has no right, title, or interest in or to the said real property or any part
thereof, and that they are forever enjoined from asserting any claim, right, title or
interest in or to the said reel property or any part thereof.
I
i
Feb•19. 2002 4:31PM
' • No•4601 P. R/9
DISTRICT COURT, PITKN COUNTY, COLORA,DO
Case No. , Frost Property, LLC v. Puppy Smith LLC and The City of Aspen,
Colorado
DECREE QUIETING TITLE
Dated this ! day of
2902057 2.DOC
, 2002
BY THE COURT
District Judge
—2—
Feb•19. 2002 4:31PM • No.4607 P. 9/9
EXHIBIT !"A" TO DECREE QUIETING TITLE
Property Description
A parcel of land being that 1portion of Lot 4, Trueman Neighborhood Commercial
Project adjacent to Lots D and E, Block 71 City and Townsite of Aspen (according to
the 1959 official map of thie City of Aspen) described as follows:
' (A
Beginning at t point of intersection of Aspen Townsite Line 4-5 and th�West line of
Lot K, Block 711 City and Towmsite of Aspen, projected northerly (said point of
beginning being'the South+st Corner of that parcel of land described in Book 343 at
Page 518 of the Pitkin County records);
thence North 14 degrees 50149" East 37.98 feet along the westerly boundary of said
Book 343 at Page 518;
thence North 75 degrees 091 11" West 59.82 feet;
thence South 14 degrees 501`49" West 5.35 feet to the Southwesterly boundary of said
Lot 4; �4 S o `^ �
thence south 43 degrees 0833" West 70.54 feet along said southwesterly boundary of
Lot 4 to the westerly boundary of said Book 343 at Page 518;
thence North 14 degrees 50. 49' East 4.77 feet along the westerly boundary of said Book
343 at Page 518 to the point of beginning.
i
COUNTY OF PITKIN
STATE OF COLORA.DO
xt-t t 6 rr- A
LEGAL DESCRITO'ION _
IAATCERTA' Vd�TY Y�SEKTLuRimTT-ETHESNIouWW "� sib• �-^�•-+ ASPEN ARTS' AND RECREATION CENTER
SAID LOT.. 1101 AS. CITY YN TOWSITE or ARIEX O
LOTS EMAMC.. F. O AFRACTIONAL LOTS A. S. A.LOCK TO. CITY ANN 7
TOWNRITE OF ASPEN - P.U.D. PLAN
TOGETHER WITM THE VACATED PDATIONS OF NORTH Aare STREET AM THE
ALLEY OF IL OCt 71 LYINII -` -!"^ TO THE ANOBE DESCRIBED PARCELS -
OF LAaD. CITY AM TO Yx Of ASPEN
CmsaY or PIYSIN. STATE w CALot.DG - - PER P.U.D. AGREEMENT RECORDED IN BOOK —PAGE
s
• l
s
8
I
CITY NNt. /
MDNl. an.
FIU mwT
J" AN CAP
q�E'G
rQAhill
ILLJIC
xJ 7 3
ti f*=
±CAPS .LM PRANS.
Cr S ] CCAPp urTOWNN
T, CQ�>EI!
SCALE
I IBM - So FEET
4 }3L..3 ; 1rr r{ � •� ;tW�E.4�' z t
it N
PEE _•• �t� PROPERTY OWNER d APPLICANT
' CITY OF ASPEN
a - / I - ' . 130 k. GALENA ST.
N {" IF ASPEN. COLORADO E1611
! D r iti-�Y; a tErts 4tEIe �!
J• +l j r r_ L f l y_ LIT . Tt14rw IElrronrm
If gy 1s.,,i ` .. } Y CaR4DCI AL rseJfCT
'(•EIIA ,' • ,& ., .,".., \ DOL PVDLIC KILITY wows
�
P� YrtED To THE CITY OF ARM
/ �� - b ..K �+•+V15. a 47fAJM P �y .:i.' .t L .. MAY NooA 7sW AT P4 "0 Y.
` C � � ` k �✓ ,J It IAA tTOEAot - �' .F• TRAILACq Te I •Ds.
CONNECTION
7•." z
NAIQ loom/ �
/ I ZON I NG RUBL1I C
o
J ! O¢
Of Of
/ /1/. 1t t } I •k' : ' f �` _ : ;�. �# /, Q �ACA FED B`'f2,9
' l N+ .i ..�Y�t.$d��$...��{ / ����.�Isf 1. ,� � i ;�0 g ,. ..•j.l C // /4.
j r>�^;• •f�iIIIL
1 Via' op;f •�{�rj
VICINITY MAP
A.
I
CITY COUNCIL APPROVAL
THIS ASPEN ARTS AM RECREATION CENTEA P.V.O. PLAN AS REYIEBED AM
,1Y1�1OVED FOR c.DI101NN RY TIE CITY COUNCIL OF THE C4iV DF ASPEN rH,3
yIL DAY OF 1VS3 LT .RDINANCE MUAEA f RECORDED IN
LDO. Ai fAc# O� THE FITRIN COW" RECORDS.
a IGNED rHla Zo BET aF40Os
'- ATTEST:
wro CITY 4SR
PLANNING AND ZONING APPROVAL
THO ASPEN ARTS AM RECREATION CENTEA R.V.D. PLAN WAR REVIEWED
AM AP'*"ED FOR ECOROING IY THE CITY K ASPEN PLANNING ANP ZONIMD
C0 '31ON THIS DAY OF � IMP BY AES4X.Vr1011 rJNREA -
RIDNED THIS _ DAY OF �s 1M3. .
CITY ENGINEER'S APPROVAL
THIS AS— ARTS WMRQ .SfrTEX I.Y.O. PI.AR WAS IiiLYIEWLD',
AM APPROVED FDA R1GWo� ti1TY Dr ASPEN EIKIMMAINOR .
DEPARTMENT M13 c Y d IWNS.
y `
Gln ERAIRtEA gfJ�•+....--'p�'Td ,..
H1NRL EM
C I TY PLi4N I NG D I REGTDR S'0>l1P tlk A t
THIS A�BpEX RAYS Y,NII�r�QWEI�►CN��LAf�1Ot MILL F.M.B. PLfr WiW Ia Y
IN��Yj(lMT K .L3LJbAiY.i 111,113. THE GI l7 �
Wimaicfag
SURVEYORS CCRTIFIGAFE',�
TIE UNrLNi 10" STATES TVAT THE nW.PR Ac•41Na. W tAp;p
AIDVETESLR BIW PIS. 33 TMINMI 11 tiMi Y!- MNEBI0 !6"3K '
F." 1-109 LE M u1Nr. Aw ISO"
BOIawY LINE COI/LICiB.:Aoaw1110" tA•• ra NOR' 'K Al' Ill'
I ILIA Ei IOErTi Y NMIr M M. EMNT Af 0 `'
NDEIYA~ MTILITIEL NITM MMN• AMEODD" APPW 1Ali t. BACpIE11r1
OF AEGOWA MDT NIAPLIEN To THE NIEVEYYN Aft EIIC:oTLN_put .IRVET':I1.
MID LOLE73 WET STAMPED WITH THE SEAL OF TIE KIII NN IEI.OW ALA
EuEwDOTS SNDRM IN STEWART TITLE M MOD.-IMC il7il<;. ridwT �f
DRIVES NIYNER 000W3aWC1 AM MY"
IO ARE��IDWN NEBEOM';'
A—10 I S PEXIDASED I N ALLOADINICE WITH TJ TLE _>• 1,
ARTICLE II A. MENDED FROM TIME TO TIBE-y
S,.mED THIS L!'mY 0/9'fW'J::
MYID W. N BRIDE
RLa IRIS. a. Ct` G '��•_ReVT�
0
CLERK AND RECORDER'S kCCE.!ANCE m !
THIS ASPEN ARTS AM AECAEATION CENTER REZONIM NAP -WAS ACCEPTED BOB i
RECORDING IN THE OFFICE OF THE 4EBR AND RLCDEDFJAF P.ITAIN COVITY
AT O'4DCIL THIS ��L�-y OAT K 7W . 1993 IM PLAT '
000 AT ?Alit � AS BECEITION NWWS
/
-AIL f
CLERK AM RECORDS C
t • 1 /'
�A'f,/AGE�_
RRAIS
CD-WOIDINO PUD SEE FILED IN AODR
may.
LEGEND AND NOTES .Lx aatii'.
�.
-D ROUND fuRVET IDN1ALNf . 111E— KITH NO CAP 011 AS NOTED
13M ]t
ATA BEST
w11 as BF.ARIN4S COLD t01A1D/EADf CL OF ASPEN 3YSEEi:N11.30'CW'EI
AS SHONOW - .
R� •
S TO .FEET Oi RM. YD IQ DOYERlD PIOPESITY AT TIME OF SURVEY
E
` SE IN. 100fl1
LEGAL OL3CRIPTIM IN TITLE COWITfE7(T DOS MNT INCLUDE VACATED C
MMf
APPEN STACK LA ANY POSITION OF M ALL"o NL" TI I+~
} r+
LG
wa o[ un�fF'PrLATa ►w wapn
x+ilr.WTI' wN nwLr :r
sw
!E.
'l�'
sNM " rA%V i1�EEf1lIRZ�-DEAL.
-
'�-�x�E ., .t, �_ , j .y-• �.. 1 ! r :w i'w awe" at " iwl�Y!
_� _i ; -+.. r � ¢f"'T`F •>ri } y � tr' r r'It 77=( AoEL ITE4TO Yr IA. AAC�i1M EN 31EP��K11
is
y r t .�tI. L ✓, + 3 e i '�' E 't / o NET rwrun ONO" q• 4 BEDef 1sA11p tld ! Esii
�r f .. IS* tr- �•aA .1 4 -P J ! ' ., - i rYfa OCEFTU IN TITLE • RAT P'S YIi w' HA
t..:T.:"�.. I' +•'? T LYs � t' w �-a gxvF ►� L� 'FOP / OrwTMm BN) DE Iry re Ww NV�sY tEa1NIM p p sLlt" q
w�WRrw- - (. A F,.A.t t •� r f^ i t• �. 3. -. ... D.L.D. Nut CIry M AMY "SA-- 7 T _-
[ J
.i .. � �` '. <.` - .T - +`t• 4C`.i.. !!': _ _ _ ►ASKIM Brk=Y is
AsW
LAD USE TABLE'.. . '
' # t••• �•
A. 0INIILI uoTRAQ LSTEEESI AYININNNII RR► )r' _ -fB IMP 011N, - _ !`.. ss `,r•
r'rl
zS, HNIM•
}. NRAIASI mg1NMT I INgD 1M.10.LAltAt? SIB i` .c N
L. N.+1sELA FRONT T.NB1 BEN FEtt 4LEaaR BEGS M f/w t Y f +
�. wnrr ma TMM H Fm E M.
E. NINI WI EIEE VAPOR, A ►EN,. FNr.., NY1IWNIIIMY.rI VT .K- I r t /ji : 11s •t } �S< ` �•• Itt . Ci.. C 1 (ry'h-
At"I
ACCESSARL1:B ANM RLNNBH NOR FEET
TAANY 1, INTEL DD
RN.FLN AREA RATIO 0.7311 ' ' '(' i 7' 1' t $•' + 7 "f : { '
J. NOW" PERCENT OPEX ]PACE: M RECIIIIEBENR
T t 1 1 1 I..+
K. SFFSTAEET PARKIIIo SPACES: 33 SPACES WT
' 1 ,
{ 'I PRE!AREO
f S• � 1 :
E1ISTIM WIL61MG SITES I � ASPEN SURVEY ENGINEERS. INC, c
OR
IGINAL ]RICK SGOOL 11.000 SO.FT. r ZID a. SALE. STREET - 5{
CLARS11041II ADOM 11. ZAO so.". - ;&" 1
Sri..N1T.NF. ADDN. IN.SNO 3O,R. "'m ROLIIDIEAD77506. • Y
` T Nil 30'1W'E IOO.G' Ir vwAAAr W YAV rT wAOAW Aw LtAAI ARIw _- .1D. COLD. ■CAI Ira Al .k!:.' re. I
TOTAL SIZE 33.900 SOFT. �\ CL `Spot STREET AAs01W A., RVRCT I. TNII NATpITNI1W TIRE. Y[Au YIQ .WI1 I"A 1ic., I. __' i 1
1 W IS OF WGSIPW FIaT Slao.tao auol eoe. nGNr. ,u RAYS ACTIaII ..ao HE mN NLR 7Z PMAX (]O]I t2I-3o1V ly -
CITY IONIAENT
IRRA AV/ IpAR 1N 1a —1 BEE mAFt^A M1IS T1vA iRR RAL —IIEY A-ZI•IR!.]
:no M 73MDr�`EG. 77•.'w]��
N
.d I
E 39.00.
l
CA
C-4
r,,,iLs
: it-� ) P L-01�
_0 �I
r �m
oo
NO,
d*,r
dZ•(
.Ytyy 3 _sz s
„ S aC
Okla
6Z19t 13SY (bmvrV r l 000M
dY0 311SYId Q3H HIM _ \
0021 1331S .Z/t ONn03
NOIlISOd 5.&,k3AMnS d0 H
.£1'0 M JO.ML£ N r bbf �rl�rl3 6Zt9t USY 03)lNY)4
6Z191 BSY O3� INA Yo E' dY0 Of1S �'� Old H11M
dY0 OIlSYId Q3M HIM�
�� 0O4 1331S ,Z/t 0Nf1O3
0 H T331S ,Z/t ONP10-
NOIDSOd S.MOAAWIS 30 GFj� J del
.0£'0 3 ,OL.SV29 N
1N38 dYO ON
OOM -331s .9/s oNnoj
NOTES
1. AN ORIGINAL L lT (MAP) PRINT PREPARED AS A PICTORIr�EPORT OF SURVEY BEARS
AN ORIGINAL SIGNATURE AND SURVEYOR'S SEAL. REPRODUCTION COPIES OF A
PLAT (MAP) PRINT SHOWING SURVEYOR'S SIGNATURE AND SEAL MAY CONTAIN
FRAUDULENT, INCORRECT. ERRONEOUS, OR MISLEADING INFORMATION. POSSESSION
OF SUCH REPRODUCTION COPIES AND THE USE OF THE INFORMATION THEREON IS
UNAUTHORIZED BY SURVEYOR. DOCUMENTS PREPARED BY SURVEYOR AND WITHOUT A
SIGNATURE AND SEAL ARE TO BE VIEWED AS PRELIMINARY WITH ALL INFORMATION
SHOWN SUBJECT TO CHANGE.
2. TI f BASIS OF BEARINGS FOR THIS SURVEY IS THE RECORD BEARING OF SOUTH
75'09'11" EAST, SAID BEARING WAS ESTABLISHED BETWEEN THE FOUND ORIGINAL
1959 CITY OF ASPEN BLOCK CORNER MONUMENT AT THE SOUTHEASTERLY CORNER OF
ASPEN ST. AND HALLAM ST. AND THE FOUND MONUMENT AT THE SOUTHWESTERLY CORNER
OF MONARCH ST. AND HALLAM ST. THE FOUND MONUMENT AT ASPEN ST. AND HALLAM
ST. WAS USED AS THE BASIS OF LOCATION. THE FOUND MEURER SERAFINI MEURER
MSM 0-25 SHOWN HEREON WAS USED FOR THE LOCATION OF LOT 4, TRUEMAN
Nf:IGHBORH0OD COMMERCIAL PROJECT.
3. THE FOUND U.S. BUREAU OF LAND MANAGEMENT (BLM) BRASS CAP MONUMENT SET IN
1954 AS CORNER 5, OF THE ASPEN TOWNSITE ESTABLISHED THE NORTHWESTERLY END
OF THE ASPEN TOWNSITE LINE 4-5. THE FOUND 1978 BLM BRASS CAP MONUMENT
CORNER 5, ASPEN TOWNSITE WAS USED TO ESTABLISH THE 1978 LOCATION OF SAID
C-;RNER. THE CORNER 38 EAST ASPEN ADDITION, (EAST ASPEN TOWNSITE), WAS
REPORTED N /954 AS BEING ON THE ASPEN TOWNSITE BOUNDARY LINE 4-5. THIS
SENT FOR CORNER 38 HAS BEEN Ot3L;TER, TED .a ND LOS'. THE 1954 AND 1978
8i.M SURVEYS ESTABLISHED TIES FOR THE CORNER. THE T;E '0 THE SOUTHEASTERLY
OORNER OF THE GLIDDEN HOUSE ',WAS USED TO ESTABLISH THE CORNER POSITION.
THE PRESENCE OF THE GOVERNMENT AND PRIVATE SURVEYS ALONG ASPEN TOWNSITE
BOUNDARY LINE 4-5 HAS CREATED GAPS AND OVERLAPS FOR THE PROPERTIES
ADJOINING SAID LINE.
4. THE LOCATION OF LOT 4, TRUEMAN NEIGHBORHOOD COMMERCIAL PROJECT WAS
ESTABLISH BY USING THE SUBDIVISION PLATS RECORDED IN PITKIN COUNTY.
5. LOTS D & E. H & I, (N do 0). BLOCK 71 ORIGINAL ASPEN TOWNSITE ARE OFFICIALLY
30 BY 100 FEET AS DEPICTED ON THE OFFICIAL MAP OF ASPEN, APPROVED IN 1959.
THE APPROVED PRACTICE OF DIVIDING THE TOTAL FIELD MEASURED BLOCK LENGTH BY
THE NUMBER OF LOTS WITHIN SAID BLOCK ESTABLISHES A FIELD LOT WIDTH OF
23.91 FEET FOR THOSE IN BLOCK 71. THIS DISTANCE IS AN ADJUSTMENT SO AS TO
EQUATE THE FIELD WORK OF TO —DAY WITH THE FIELD WORK OF YESTERDAY.
6. THE UTILITY LINES SHOWN HEREON ARE FROM FIELD OBSERVATIONS OF LOCATION
MARKINGS PLACED ON THE GROUND BY THE UTILITY REPRESENTATIVE.
7. T141S SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SURVEYOR TO DETERMINE
TITLE OR EASEMENTS OF RECORD. RESEARCH FOR THIS SURVEY WAS PERFORMED IN
ACCORDANCE WITH COLORADO REVISED STATUTES 38-51-106 AND THE RULES OF
PROCEDURE AND BOARD POLICY STATEMENTS OF THE STATE BOARD OF PROFESSKNrAL
ENGINEERS AND PROFESSIONAL LAND SURVEYORS, SPECIFICALLY THOSE BOARD RULES
AND POLICY STATEMENTS RELATING TO THE DEPICTION OF EASEMENTS AND RIGHT—OF—
WAY ON SURVEY PLATS. THE TITLE POLICY FROM LAND TITLE GUARANTEE COMPANY,
ORDER NO. 0382826, DATED JANUARY 29, 2002 AT 5:00 P.M. WAS RELIED UPON FOR
ALL INFORMATON REGARDING EASEMENTS, RIGHTS —OF —WAY, TITLE, AND CIVIL COURT
ACTIONS OF RECORD.
8. THE DOCUMENT LISTED BELOW WERE USED IN ASCERTAINING THE LOCATION OF THE
PROPERTY SHOWN HEREON. THERE MAY EXIST OTHER DOCUMENTS THAT COULD EFFECT
THIS PROPERTY BOUNDARY LOCATOK BUT THEY ARE UNKNOWN TO SURVEYOR.
'A) THE OFFICIAL MAP, CITY OF ASPEN, APPROVED 1959
y B) THE TRUEMAN NEIGHBORHOOD COMMERCIAL PROJECT PLATS RECORDED IN 1977.
C) THE BLM 1954 TELLER, ADVANCE DATA FIELD NOTES, THIS SURVEY WAS NEVER
APPROVED.
D) THE BLM 1978 RESURVEY, APPROVED 1980.
E) THE 1896 WII.UTS MAP OF ASPEN.
F) THE PLAT OF EAST ASPEN ADDITION, (AKA ASPEN TOWNSITE ADDITION), AND
....• nntTwi
LB)
/�v T tS�Grr r 6 a 4 5PE,-j 7uvAi 7t
G�ESr L �tiE of LET
(SA, o 197
Twc
Q"' P4 2G� bA tA nil% DE 56-06CE
ST
rs � C- /"\) 771) ` -1 `1/' w 5 i. ?z_
a G��
�� %N� SwYdlwtSr�•u.y 3��,uo'�2,,- a� Laj Y
33' n/
aV Z-0 T
P
Sd%S EA; ,
?a.�G
N M • � N ca P flD
•
E 339.00'
1
CA
.j
Ck
1p
r�
N
�\ \ 0
61
~ N OIo
r�
g/
�OQ
6z19i 13SY CIDWYMI 0004,
- -
dYO Oi1SYld (332! H11M 'r;
Q02! 13315 ,Z/l QNno-i
n
N=SOd SAb).3ANnS -40
XVO M JO.ZZ.LS N as
3
NOI11SOd S.80 3ASM 30 •��3 �it�
.OS-0 3 .01.91.Z9 N t�iti
1N38 dYO ON
0011 1331S .8/9 OMO3
�` �I
Brian Flynn, 11:40 AM 5/23/02 -0500, Mona Frost recap of our last meeting with Camilla
X-Sender: brianf@commons
X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58
Date: Thu, 23 May 2002 11:40:14 -0500
To: joyceo@ci.aspen.co.us
From: Brian Flynn <brianf@ci.aspen.co.us>
Subject: Mona Frost recap of our last meeting with Camilla
Cc: austinw@ci.aspen.co.us
X-ECS-MaiIScanner: Found to be clean
Please see below and respond with questions.
Parks Department:
• If the sewer line is moved on the north side of the building, the Parks Department should be involved in the re-
landscaping of the area. It was agreed that the applicant would hydro -seed this site with the 2002 Native Seed mix
(not contingent on the moving of the sewer line). Seed mix has been given to the applicant.
• The project must maintain the access to the public ROW through providing signs for the trail. The applicant
should work with the Parks Department on design specs.
• No parking allowed in the public ROW, this is a public trail and fire lane.
• The applicant should be encouraged to continue the pavement around the Red Brick building to join with the
existing trail. The applicant has agreed to do this (see last bullet point). Applicant has agreed to secure pricing for
concrete and review this with parks as an alternative to pavement.
• Do not plant vegetation such as lilacs that will encroach into the ROW. As an alternative, the Parks
Department suggests that Columnar Buckthorn trees be planted between the ROW and the Red Brick building.
The planting plan was accepted by the parks department with the condition that a written letter of commitment is
required by the developer that the landscaping along the red brick building will be maintained by the developer or
property owner and all future changes to the landscaping will be approved by the Parks Department.
• The driveway for 216 Hallam will be shared with bicyclists and other trail users. Vegetation should not be
planted that will block the site distance for cars using the driveway. The applicant is required to place two signs at
either end of the trail. The signs can be ordered from The Sign Guy, 963-2295, John ask for the city of aspen
directional trail sign standard and final approval by Parks Department 920-5124.
• When the 14' wide pavement is placed in the ROW, a paved walkway should be provided to the Red Brick
door. This paved walkway should be a minimum of 10 ft. Concrete is the preferred material. Additionally the trail
should follow the outside of the turn and then taper down to the ten foot width and connect to the existing concrete
behind the red brick and finally connect with and apron to the post office trail.
Printed for Joyce Ohlson <joyceo@ci.aspen.co.us> 1
Brian Flynn, 10:58 AM 5/23/02 -0500, Red Brick Parking / Mona Frost
X-Sender: brianf@commons
X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58
Date: Thu, 23 May 2002 10:58:00 -0500
To: tima@ci.aspen.co.us
From: Brian Flynn <brianf@ci.aspen.co.us>
Subject: Red Brick Parking / Mona Frost
Cc: joyceo@ci.aspen.co.us, jeffw@ci.aspen.co.us
X-ECS-MailScanner: Found to be clean
Tim, the Mona Frost property (East side of the gym) is in the planning stage for community development. Many
different requirements have been placed on this project. One requirement is that two spaces behind the red brick
building be converted into "no parking -- fire lane". The two parking spaces closest to the corner of Grassroots,
need to be kept clear. Please contact me with a time when you will be around the red brick so I can point out the
two spots to you.
Thanks.
The sooner this is accomplished the better.
Printed for Joyce Ohlson <joyceo@ci.aspen.co.us> 1
0 •
Phil Overeynder, 02:00 PM 6/12/02 -0600, Mona Frost Property
Date: Wed, 12 Jun 2002 14:00.45 -0600 (MDT)
X-Sender: philo@water
X-Mailer: Windows Eudora Pro Version 2.1.2
To: brianf@ci.aspen.co.us
From: Phil Overeynder <philo@ci.aspen.co.us>
Subject: Mona Frost Property
Cc: jinxc@ci.aspen.co.us, jeffw@ci.aspen.co.us, joyceo@ci.aspen.co.us
X-ECS-MailScanner: Found to be clean
Brian,
This will confirm our discussion regarding the switch gear located at the
rear of the subject property. The electric department will cooperate in
moving the switch gear box to the adjoining property which is currently part
of the Trueman Subdivision. This would entail moving the switch gear down
the hill closer to the bike path. The switch gear box would need to be
accessible from two side and would need a new vault under it, together with
the necessary conduit and line to connect to the existing vault. Prior to
moving the switch gear, we will require an easement from the property owner
at the new site. Alternatively, transferring a portion of the property to
the City Parks Department would be acceptable, providing you agree that this
is an appropriate use.
You indicated that the alternate location on the Red Brick property was not
an acceptable location to move the switch gear since it would have impacts
on existing City property.
Although I didn't discuss it during our phone conversation this morning,
Camilla Auger has represented that she will provide a permanent easement on
the existing Mona Frost property for the existing electric lines and vault.
I understand that these will stay in their current location regardless of
placement of the switch gear. This easement should be a requirement of
granting the vacation of the right of way as requested. This would formalize
the placement of existing electric utilities which I understand to be
located in an area with a prescriptive easement. Since the City is granting
the use of public right of way for private use and since the area to be
vacated would ordinarily be the location for electric utilities, this is an
appropriate condition.
Please call if you have any questions. Thanks,
Phil
Phil
Printed for Joyce Ohlson <joyceo@ci.aspen.co.us>
fllL Q, 1112Y/d3
I" ' Phil Overeynder, 12:19 PM 5/14/02 -0600, Mona Frost Property --Switch Gear and Electric System Easement
Date: Tue, 14 May 2002 12:19:13 -0600 (MDT)
X-Sender: philo@water
X-Mailer: Windows Eudora Pro Version 2.1.2
To: joyceo@ci.aspen. co. us
From: Phil Overeynder <philo@ci.aspen.co.us>
Subject: Mona Frost Property --Switch Gear and Electric System Easements
Cc: jinxc@ci.aspen.co.us, jeftw@ci.aspen.co.us
X-ECS-MaiIScan ner: Found to be clean
Joyce,
I met with Camilla Auger yesterday regarding this property. She wanted to
know what our requirements were for relocation of the switch gear. Since the
new location will be on the Puppy Smith LLC-Lot4 property, I indicated that
we would need either a new easement or a commitment from the property owner
to provide an as -built easement following relocation.
Camilla indicated that it was her intentto acquire the property and convey
it to the Parks Dept. I indicated that if this were to happen prior to the
propsed relocation we wouldn't need the commitment for the easement.
We also discussed design and financial requirements for relocation of the
switch gear. She has retained Hans Brucker to prepare a design which she
promised to provide. I also asked for a bid to move the switchgear and
indicated that we would require an advance deposit for that amount prior to
scheduling the work. Let me know if you see any additional issues related to
the electric system or if you have questions. Thanks,
Will
NIT
Printed for Joyce Ohlson <joyceo@ci.aspen.co.us> 1
�7�-hii�
• MEMORANDUM 0
To: Development Review Committee
From: John Niewoehner, Community Development Engineer
Reference DRC Caseload Coordinator
Date: April 15, 2002
Re: 216 E. Hallam Street, Mona Frost Property - - Rezoning, Alley Vacation, and Use of
Public Property for Access
Attendees:
Joyce Ohlson, Community Development Department
John Niewoehner, Community Development Department
Tom Bracewell, Aspen Consolidated Sanitation District
Brian Flynn, Parks Department
Richard Goulding, Engineering Department
Nick Adeh, Engineering Department
Ed Van Walraven, Fire Department
Phil Overeynder, Water Department
Camilla Auger
Stan Clauson
The Development Review Committee reviewed the 216 E. Hallam St., Mona Frost Property at
their April 16, 2002 meeting, and has compiled the following comments:
General
Sufficiency of Submittal: DRC comments are based on the fact that we assume the
submitted site plan is accurate, that it shows all site features, and that proposed
development is feasible. The wording must be carried forward exactly as written unless
prior consent is received from the Engineering Department. This is to alleviate problems
and delays related to approvals tied to "issuance of building permit."
2. R.O.W. Impacts: If there are any encroachments into the public rights -of -way,
the encroachment must either be removed or be subject to current encroachment license
requirements.
Site Review
Engineering Department:
• It is required that there will be no encroachments into the 20 foot wide ROW
between 216 Hallam and the Red Brick building.
• Within the 20 foot ROW, there should be a 14-foot width of pavement with 3 foot
wide gravel shoulders on each side.
,^ . The paving of the ROW should be performed by the applicant prior to the City
(�1 issuing a CO.
0 IL • The utilities serving the property should not be located in the 20-foot ROW unless
l� CPU- there is no other option.
�y S The vacation of the alley that bisects the property should not occur until the City
is satisfied with the proposed plans.
tet2. Community Development Engineer:
L
NPRIf the re -development of the site results in an increase in impervious area, a
drainage plan will need to be developed that provides storm water retention.
3. Zoning:
Page 2 of 3 • •
April 15. 2002
216 E. Hallam
No comments at this time.
4
a
7
0
Housing Department:
No comments at this time.
Fire Protection District:
No compromise possible for the width of the alley - - it must be 20 foot wide.
No landscaping along the Red Brick Building unless the 20-foot width is
preserved.
A fire truck must be able to pull into the 20-foot ROW and then leave without
backing into Hallam. One alternative is to keep the area between the house and
the barn empty so that a fire truck can turn around. The other alternative is for
the project to make it possible for a fire truck to drive around the Red Brick
building thus eliminating the need for a place to turn around on the property.
Parks Department:
• If the sewer line is moved on the north side of the building, the Parks Department
should be involved in the re -landscaping of the area.
• The project must maintain the access to the public ROW through providing signs
for the trail. The applicant should work with the Parks Department on signage.
v No parking allowed in the public ROW.
• The applicant should be encouraged to continue the pavement around the Red
Brick building to join with the existing trail.
• Do not plant vegetation such as lilacs that will encroach into the ROW. As an
alternative, the Parks Department suggests that Columnar Buckthorn trees be
planted between the ROW and the Red Brick building.
• The driveway for 216 Hallam will be shared with bicyclists and other trail users.
Vegetation should not be planted that will block the site distance for cars using
the driveway.
• When the 14' wide pavement is placed in the ROW, a paved walkway should be
provided to the Red Brick door.
ini Gt VldS A-, •� tnna -^ ti
Building Department:
No comments at this time.
City Water Department
�._ Easements for Water and Sewer: Locating the water and sewer services on the
property may be constrained by the available space. A 20-foot wide utility
easement is needed to accommodate the required 10-foot separation between
water and sewer lines and the additional space needed for excavation. This
constraint may result in the need to place water and/or sewer services lines in
the ROW along the Red Brick Building.
Aspen Consolidated Sanitation District
• Amain sewer line runs along the north side of the barn. An easement either
needs to be provided for this sewer line or the sewer line will need to be moved
further onto the Puppy Smith property to the north.
• Plans should show the manholes and sewer line to the north of the property.
• Landscaping on north end of property should not restrict access to sewer
manholes.
0
An easement will be needed for the service line.
Page 3 of 3 • •
April 15, 2002
216 E. Hallam
10. Environmental Health
No comments at this time.
11. City Community Development - Planning
No comments at this time.
12. Electric Department (provided by Phil Overeynder)
• The Electric Company needs to be able access their equipment including the
switch gear. Additional research needs to be performed by the applicant and the
Electric Company regarding access to the switch gear.
13. Holy Cross Electric
No comments at this time
14. City Attorney
No comments at this time
15. Streets Department
No comments at this time
16. Historic Preservation Officer
No comments at this time
17. Pitkin County Planning
No comments at this time
16. County and City Disaster Coordinator
No comments at this time
Approvals
1. Engineering: The applicant receives approval from the City Engineering Department
(920-5080) for design of improvements, including grading, drainage,
transportation/streets, landscaping, and encroachments within public
right of way.
2. Parks: The applicant receives approval from the Parks Department (920-5120)
for vegetation species and for public trail disturbance.
3. Streets: The applicant receives approval from the Streets department (920-5130)
for mailboxes, finished pavement, surface materials on streets, and
alleyways.
4. Permits: Obtain R.O.W. permits for any work or development, involving street cuts
and landscaping from the Engineering Department
D:\DRCMona Frost.doc
i Summary•
Mona Frost Conditions Derived from DRC Meeting
No physical encroachments, including landscaping, are allowed within the
20 foot wide ROW between the 216 E. Hallam property and the Red Brick
building. Any encroachments into the public rights -of -way shall either be
removed or be subject to current encroachment license requirements.
No parking is allowed within the ROW.
• The applicants shall install within the 20 foot ROW, a 14-foot width of
pavement with 3 foot wide gravel shoulders on each side. Such pavement
shall extend to the public trail at the rear of the Red Brick building and
include a paved walkway to the Red Brick door on the east elevation.
Such pavement shall meet with the specifications of the City Engineer and
be installed prior to Certificate of Occupancy for the development of the
property at 216 E. Hallam.
• The applicants shall provide an improvement plan for the location of the
pavement, including cross sections and drainage plan for the ROW
improvements noted above.
• The improvement plan shall meet with the approval of the Fire Chief so as
to ensure that a fire truck can pull through the site from E. Hallam, exiting
at the rear of the Red Brick building. Should this not be able to be
accomplished, the applicant will be required to provide a fire truck turn-
around area on the 216 E. Hallam property.
• The only utility service line allowed within the ROW is a water line which
must be located within the eastern 10 feet of the ROW.
• Signs indicating the public nature of the ROW shall be installed by the
applicant indicating public trail use. Such signs shall meet with the
approval of the Parks Department.
• All landscaping on both public and private property shall be approved by
the Parks Department.
• The applicants shall file a revised property plat showing all rights
conveyed to the applicant through the alley vacation, use of City property,
and showing any relocated easements for public purposes including but
not limited to access, electric, water and sewer services. Such plat shall
be filed with the Community Development Department and subject to
approval by all parties effected by such plat.
MEMORANDUM
To: Development Review Committee
From: Richard Goulding, Project Engineer
Reference DRC Caseload Coordinator
Date: December 12,2001
Re: Mona Frost Trust Property Rezoning, Alley Vacation, and Access
The Development Review Committee has reviewed the Innsbruck PUD at their
December 12, 2001 meeting, and has compiled the following comments:
General
Sufficiency of Submittal: DRC comments are based on the fact that we
assume the submitted site plan is accurate, that it shows all site features, and
that proposed development is feasible. The wording must be carried forward
exactly as written unless prior consent is received from the Engineering
Department. This is to alleviate problems and delays related to approvals tied to
"issuance of building permit."
2. R.O.W. Impacts: If there are any encroachments into the public rights -of -way,
the encroachment must either be removed or be subject to current encroachment
license requirements.
Site Review
Site Drainage — Requirement —.The foundation drainage system should be
separate from site storm drainage system. Rain and snow melt runoff must be
detained and routed on site. These facilities must be shown on drainage plans
and submitted for approval prior to application for building permit. The drainage
may be conveyed to existing landscaped areas if the drainage report
demonstrates that the percolation rate and the detention volume meet the design
storm
Information — The City drainage criteria needs to be implemented completely.
This includes but is not limited to erosion control, soil stabilization, and re -
vegetation in disturbed areas. Also, there needs to be an analysis of where the
drainage will flow
2. Sidewalk, Curb, and Gutter — Requirement- sidewalk, curb, and gutter must be
designed using the City of Aspen design standards which are available in the
City Engineering Department.
3. Fire Protection District — Requirement —
Fire Protection District requests the following revisions be made:
Page 2 of 5 • •
December 12, 2001
Mona frost Trust
a. The alley is not to be compromised any further than already existing
conditions . No tree are to be planted along the red brick building.
b. At a later date the use of alley block 71 as a turnaround for fire trucks is to be
l
reviewed ?yt- �� Vim-' , al — VA ✓K k w�... �� 4`+ ct
4. Transportation — Requirements- The information were forwarded b l
P q Y
Transportation department: ilk
a. No Comment JV-\jtr-tv\-k
5. Building Department — Requirements — The following requirements were
forwarded by the Building Department:
a. No Comment at this time
6. Assets — Requirements — The following requirements were forwarded by the
Building Department:
a. The addition of the Alley 71 will not add FAR to the property
b. Signs are to be posted that make it clear to public that this is public land not
private and they are free to use it. This sign is to be permanent
c. The proposed lilac's along the Red Brick Building are not to be planted as
this again gives the impression that the public trail is private land
7. Parking — Requirement — The following requirement has been forwarded by the
Parking Department:
a. No comment
8. Engineering Department — Requirement- The following requirements have
been provided by the Engineering Department:
1 rwbli'L w�t�
�r,�- f �,�,- <i ia.A Sew c,e- 6,4- owl s. &(k c-F
a. If there are any existing or planned utilities in Alley 71 it is to become
Easement corridor to accommodate these.
b. There is to be no encroachment i o the 20 ft wide corridor running along the
Red Brick Building Cl '�� o � tir'Pk `` -
c. The shoulder of the above corridor are to be of d1se graded crush to
accommodate any emergency or maintenance vehicles
Information — The following information has been provided by the Engineering
)Department: f
lC Vw L lUt v,-P t cal
ttLk CA
Page 3 of 5 •
December 12, 2001
Mona frost Trust
a. The submittal of the construction plans to Engineering Department for
reviews prior to application for building permit will benefit the developer and
will facilitate timely processing of the Building Permits.
9. Streets Department - Requirement- The following requirements have been
provided by the Streets department
a. No comment
10. Housing Office - Requirements - The following requirements have been
provided by the Housing Office:
a. No comment
11. Community Development - Requirements - The following requirements have
been provided by the Community Development Officer vuw ok N)-� �
a. A subdivision Plat will be required at a later date UV vaUA
12. Emergency Management Disaster Coordinator - Requ re ent - Theme
following requirement has been provided by the Pitkin County Disaster
Coordinator:
a. No comment at this time
13. City Environmental Health Director - Requirements- The following
requirements were made by the Environmental Health Director:
a. No comment at this time
14. Parks - Requirement- The following requirements have been made by the
Parks Department:
— �f av�-ts
a. City will retain vehicular access down eeaep"e drive ( lot G). Giving accesses
for trail maintenance and access to supplies
b.
• P�_-i- Q�-•^�-� 'a better ti my&hAAe red brick building East entrance.
Z c. 0 sigr6( double sided) is required at the beginning of the trail, ( beginning of
Lot 4) identifying the public access and direction of access.
d. No need for lilacs along red Brick Building
e. Caution property owners on safety and speed while using Lot G
N(- p u✓(CI � IV, V- vJ
14. Utilities:
- Water.'
Page 4 of 5 • •
December 12, 2001
Mona frost Trust
City Water and Electric Department - Requirement — As a request of the City
of Aspen Water Department, revisions need to be made as follows:
a. All uses and construction will comply with the City of Aspen Water System
standards and with Title 25 and applicable portions of Title 8 (Water
Conservation and Plumbing Advisory Code) of the Aspen Municipal Code
b. Preserve all easements. There is to be no pavement or additional vegetation
on the easements
c. Public assess is not to be restricted
d. Access to the transformer is not to restricted
- Wa ter., I ,. _ ,.� ( ,y..
Aspen Consolidated Wae District — Requirement — The following was
provided by the Aspen Consolidated Waste District:
��t✓'n .�l3QYUE� �'►'lG►«1
VAO V"s -�—
a. All the easements are to be memorialized A�p„� i.
L 4 4 c.lo ►v -�v Tvo st p,���✓+ 7 t ice,
,-Gwkr
- Construction:
Work in the Public Right of Way
Requirement — Given the continuous problems of unapproved work and
development in public rights -of -way adjacent to private property, we advise the
applicant as follows:
Approvals
Page 5 of 5
December 12, 2001
Mona frost Trust
1. Engineering: The applicant receives approval from the City Engineering
Department (920-5080) for design of improvements, including
grading, drainage, transportation/streets, landscaping, and
encroachments within public right of way.
2. Parks: The applicant receives approval from the Parks Department (920-
5120) for vegetation species and for public trail disturbance.
3. Streets: The applicant receives approval from the Streets department
(920-5130) for mailboxes, finished pavement, surface materials on
streets, and alleyways.
4. Permits: Obtain R.O.W. permits for any work or development, involving
street cuts and landscaping from the Engineering Department
DRC Attendees
Staff: Nick Adeh
Richard Goulding
Dennis Murray
Ed Van Walraven
Chris Bendon
Brian Flynn
Phil Overynder
Tom Bracewell
Ed Sadler
Applicant's Representative: Stan Clauson
If1lp
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81621
Phone: (970) 920-5090 Fax: (970) 920-5439
MEMORANDUM
City Engineer
Zoning Officer
Housing Director
Parks Department
Aspen Fire Marshal
City Water
Historic Preservation Officer
Transportation Manager
Pitkin County Planning
Aspen Consol. Sanitation District
Building Department
Environmental Health
Electric Department
City Attorney
Streets Department
Parking Department
Holy Cross
Asset Management
>C
X
FROM: Joyce A. Ohlson, Deputy Director of Community Development
920-5062
RE: Mona Frost Trust Property, 216 E. Hallam, Rezoning, Alley Vacation, Use
of Public Property
DATE: 4/2/02
REFERRALSCHEDULE
DRC MEETING DATE: April 10, 2002
The purpose of discussing this application at DRC again is to gain clarification on the
previous DRC comments (I am new to this application) and the proposed application. I
also want to ensure that any conditions of approval for the use of the public property for a
driveway (Red Brick) and the alley vacation are known. Attached are the comments
from the December IP DRC on this matter. It is not intended that new referral
comments will need to be submitted
Thanks! Joyce Ohlson
j oyceo @ci. aspen. co.us
G Au pport/forms/dre form
•
•
MEMORANDUM
To: Development Review Committee
From: Richard Goulding, Project Engineer
Reference DRC Caseload Coordinator
Date: December 12,2001
Re: Mona Frost Trust Property Rezoning, Alley Vacation, and Access
The Development Review Committee has reviewed the Innsbruck PUD at their
December 12, 2001 meeting, and has compiled the following comments:
General
Sufficiency of Submittal: DRC comments are based on the fact that we
assume the submitted sate plan is accurate, that it shows all site features, and
that proposed development is feasible. The wording must be carried forward
exactly as written unless prior consent is received from the Engineering
Department. This is to alleviate problems and delays related to approvals tied to
"issuance of building permit."
2. R.O.W. Impacts: If there are any encroachments into the public rights -of -way,
the encroachment must either be removed or be subject to current encroachment
license requirements.
Site Review
Site Drainage — Requirement —.The foundation drainage system should be
separate from site storm drainage system. Rain and snow melt runoff must be
detained and routed on site. These facilities must be shown on drainage plans
and submitted for approval prior to application for building permit. The drainage
may be conveyed to existing landscaped areas if the drainage report
demonstrates that the percolation rate and the detention volume meet the design
storm
Information — The City drainage criteria needs to be implemented completely.
This includes but is not limited to erosion control, soil stabilization, and re -
vegetation in disturbed areas. Also, there needs to be an analysis of where the
drainage will flow
2. Sidewalk, Curb, and Gutter — Requirement- sidewalk, curb, and gutter must be
designed using the City of Aspen design standards which are available in the
City Engineering Department.
3. Fire Protection District — Requirement —
Fire Protection District requests the following revisions be made:
Page 2 of 5 • •
December 12, 2001
Mona frost Trust
a. The alley is not to be compromised any further than already existing
conditions . No tree are to be planted along the red brick building.
b. At a later date the use of alley block 71 as a turnaround for fire trucks is to be
reviewed
4. Transportation — Requirements- The information were forwarded by
Transportation department:
a. No Comment
5. Building Department — Requirements — The following requirements were
forwarded by the Building Department:
a. No Comment at this time
6. Assets — Requirements — The following requirements were forwarded by the
Building Department:
a. The addition of the Alley 71 will not add FAR to the property
b. Signs are to be posted that make it clear to public that this is public land not
private and they are free to use it. This sign is to be permanent
c. The proposed lilac's along the Red Brick Building are not to be planted as
this again gives the impression that the public trail is private land
7. Parking — Requirement — The following requirement has been forwarded by the
Parking Department:
a. No comment
8. Engineering Department — Requirement- The following requirements have
been provided by the Engineering Department:
a. If there are any existing or planned utilities in Alley 71 it is to become
Easement corridor to accommodate these.
b. There is to be no encroachment into the 20 ft wide corridor running along the
Red Brick Building
c. The shoulder of the above corridor are to be of dense graded crush to
accommodate any emergency or maintenance vehicles
Information — The following information has been provided by the Engineering
Department:
Page 3 of 5 • •
December 12, 2001
Mona frost Trust
a. The submittal of the construction plans to Engineering Department for
reviews prior to application for building permit will benefit the developer and
will facilitate timely processing of the Building Permits.
9. Streets Department — Requirement- The following requirements have been
provided by the Streets department
a. No comment
10. Housing Office — Requirements — The following requirements have been
provided by the Housing Office:
a. No comment
11. Community Development — Requirements — The following requirements have
been provided by the Community Development Office:
a. A subdivision Plat will be required at a later date
12. Emergency Management Disaster Coordinator — Requirement - The
following requirement has been provided by the Pitkin County Disaster
Coordinator:
a. No comment at this time
13. City Environmental Health Director — Requirements- The following
requirements were made by the Environmental Health Director:
a. No comment at this time
14. Parks — Requirement- The following requirements have been made by the
Parks Department:
a. City will retain vehicular access down concrete drive ( lot G). Giving accesses
for trail maintenance and access to supplies
b. Concrete at the end of the property, the entire length of the public trail,
including a better tie in with the red brick building East entrance.
c. A sign ( double sided) is required at the beginning of the trail, ( beginning of
Lot 4) identifying the public access and direction of access.
d. No need for lilacs along red Brick Building
e. Caution property owners on safety and speed while using Lot G
14. Utilities:
- Water:
Page 4 of 5 • •
December 12, 2001
Mona frost Trust
City Water and Electric Department - Requirement — As a request of the City
of Aspen Water Department, revisions need to be made as follows:
a. All uses and construction will comply with the City of Aspen Water System
standards and with Title 25 and applicable portions of Title 8 (Water
Conservation and Plumbing Advisory Code) of the Aspen Municipal Code
b. Preserve all easements. There is to be no pavement or additional vegetation
on the easements
c. Public assess is not to be restricted
d. Access to the transformer is not to restricted
- Wastewater:
Aspen Consolidated Waste District — Requirement — The following was
provided by the Aspen Consolidated Waste District:
a. All the easements are to be memorialized
- Construction:
Work in the Public Right of Way
Requirement — Given the continuous problems of unapproved work and
development in public rights -of -way adjacent to private property, we advise the
applicant as follows:
Approvals
Page 5 of 5 •
December 12, 2001
Mona frost Trust
1. Engineering: The applicant receives approval from the City Engineering
Department (920-5080) for design of improvements, including
grading, drainage, transportation/streets, landscaping, and
encroachments within public right of way.
2. Parks: The applicant receives approval from the Parks Department (920-
5120) for vegetation species and for public trail disturbance.
3. Streets: The applicant receives approval from the Streets department
(920-5130) for mailboxes, finished pavement, surface materials on
streets, and alleyways.
4. Permits: Obtain R.O.W. permits for any work or development, involving
street cuts and landscaping from the Engineering Department
DRC Attendees
Staff: Nick Adeh
Richard Goulding
Dennis Murray
Ed Van Walraven
Chris Bendon
Brian Flynn
Phil Overynder
Tom Bracewell
Ed Sadler
Applicant's Representative: Stan Clauson
i
�M O N A FROST TRUST IL O T LINE
39.00
82°02 31_ E s
\ o
�\ 5.332 SO. FT. p
SEE PLAT BOOK 5 AT PAGE 73
\ FOR ADDITIONIAL UNDESCRIBED
EASEMENTS
LOT
TRAIL d UTILITY EASEMENT
LOT 4 TRUEMAN PUPPY p 16129
\`04 00 •E
I CAL PROJECT AS 0'c\ S M .I TH L L C 27
AND AGREES WITH �+0 \,
g, E 1954 BRASS CAP ti tiT� 4
FOUND TO BE SET
ELECTRIC
VAULT 6 16129
kp \ UNDEGROUND
POWER LINE
SEE PLAT 8K 5 PG 71&73
9 _
N �5� A
i 1 I • w 59
BARN �u
MSM BR
E cn
:.., a
is S �S• �Ei
09 • /
82- .E RED CAP 16129
30 POINT OF BEGINNING
££
A�L 5 SO FT �n RANSFER PAn ,EL
,:5 l •
1 Or09.
,>;�
N`
7E BK 177 PG 606 MO A T TRUST "F�•
+ Q.C.D. TO THE CITY OF ASPEN FOUN pF•
CARPORT 0. 5 REBAR �
i:•. O .
•; / o RED CAP •9018 • F
:J . J
a 1 1/2 STORY WOOD `
FRAME HOUSE WITH
EE• I 1 /h,/ CONC. FOUHDATON fi
O
yC,AREA I .982 SQ . FT .
SE GL
S 7g. HOUSE
161 O9/I
I �
DHEADS
-E 100.0' BACK cONCR 16 /
STREET ETF..cURa _ _ l
BEARINGS /
MEMORANDUM
To: Planning and Zoning Commission
FROM: Joyce Ohlson, Deputy Director of Community Development-�-
RE: Rezoning Request for 216 E. Hallam
DATE: March 5th, 2002
7S/C/
Frost Trust
e District N
W E
S
l
Applicant: Mona Frost Trust
Representative: Stan Clauson Associates
Current Zoning: S/C/I and R-6
Lot Size: 5,982 sq. ft. (Front Parcel) & 2,374 sq. ft. (Rear Parcel)
Request Summary: The Applicant is requesting to rezone a small portion of the subject
property from S/C/I to R-6.
Staff Recommendation: Approval with Conditions
STAFF COMMENTS
The Applicant is requesting the City grant a rezoning to a property located at 216 E. Hallam
Street which currently maintains two zone districts: Service / Commercial / Industrial (S/C/I)
on the rear portion and R-6 on the front portion. This rezoning of the small portion of the
property that is S/C/I to R-6 will establish the whole property with the R-6 zone district. As a
matter of clarity, Staff has provided the following graphics to illustrate the current property
scenario and the resulting property scenario if the City grants the rezoning and associated
requests:
Existing
Barn
Alley
Existing
Historic
House
Current Scenario
A. Scenario Analysis
Existing
Barn
Existing
Historic
House
Proposed Scenario
Current Scenario Summary
1) The Applicant has two legal non -conforming lots in both the S/C/I and R-6 zone
districts. Since the rear property maintains a split zoning, the most restrictive applies
which is S/C/I. In this case, the barn is considered as an accessory building, which is a
permitted use in the S/C/I zone district and the FAR to be allocated to this rear lot
containing the barn is 2,374 sq. ft. (at a ratio of 1: 1). The maximum FAR allocated to
the front lot is 3,234 sq. ft.
2) The property is encumbered by a non-functioning City Alley that goes nowhere.
3) The rear lot of the property has no real access and is landlocked.
4) The maximum build out potential includes a unit on the rear portion and a single-
family dwelling on the front portion.
Proposed Scenario Summary
1) The Applicant would create a legal conforming lot of 6,000 sq. ft. and a legal non-
conforming lot of 3,664.5 sq. ft. in the R-6 zone district. However, the Applicant is
not able to benefit in additional FAR or density from the square footage gained by the
vacation of the alley vacation or via a lot line adjustment to increase the size of the
adjusted lots. (Section 26.480.020.C)
2) The City Alley would be vacated and appropriated to the front and rear properties.
•
•
3) The rear property would have an access easement providing formal access.
4) Since the rear lot is considered a legal non -conforming lot upon which a unit could be
constructed, the maximum build out potential would be a unit on the rear lot and one
single-family house on the front lot governed by the HPC. The Applicant cannot
adjust the lot lines for the benefit of FAR or density, even though lots of at least 6,000
sq. ft. (in the R-6 zone district) that contain a historic landmark, can have two (2)
detached residential dwellings or a duplex.
B. Rezoning from S/C/I to R-6
It appears that the reason a small portion of the rear lot maintains a zoning of S/C/I is due to
the fact that this residual traingle was bisected diagonally by the original townsite line and
incorrectly included as a part of the neighboring Lot 4, Trueman Neighborhood Commercial
Project that encompasses the North Mill Station shopping center (that currently contains
Clark's Market) and is zoned S/C/I. This lot line correction has been made and the real
property has been conveyed to the Applicant via a quit claim deed. Even though this
ownership issues has been corrected, the zoning of that small portion of land remains zoned
S/C/I.
As a practical matter, it appears that half of the existing (historic) barn rests in the portion of
that rear lot that maintains this S/C/I zoning. A review of the historic nature of the property
clearly shows the barn as being connected / associated with the adjacent single-family house
on the front of the lot. The house and barn in their current location are shown on the Official
1901 Sandborne Map. And are clearly contained within the context of the west end
neighborhood in the R-6 zone district. The Historic Preservation Officer reviewed this land
use case and agreed with this analysis.
Finally, Staff finds that this rezoning of the small portion of the rear lot to R-6 will return the
property to its original proper zoning classification and remove any awkward encumbrances
of the property by having two zone districts on one property. This rezoning will correct a
former zoning mistake and bring two properties into better compliance with the land use code
by making the front lot completely conforming and bringing the rear lot closer into
compliance with the land use code.
C. Other associated requests to be considered by City Council
In order to achieve the proposed scenario, the Applicant will request City Council grant an
alley vacation of the existing alley currently located between the two properties and to grant
the Applicant an access easement to the rear property that will be located along the west side
of the front property on the Red Brick School property and accessed from East Hallam Street.
While these are not issues to be discussed by the Planning and Zoning Commission, Staff felt
it was important to include this portion of the Application so that the whole picture could be
presented for the Commission's understanding of the project.
Lastly, it should be noted that the subject property maintains a landmark status and is
therefore subject to review by the Historic Preservation Commission for any proposed
development on the property.
STAFF RECOMMENDATION
Staff recommends the Planning and Zoning Commission recommend aUproval to the City
Council for this rezoning request.
RECOMMENDED MOTION
"I move to approve Resolution No. -�—, Series of 2002, recommending City Council approve
this rezoning request for a property located at 216 E. Hallam Street, City and Townsite, City
of Aspen, Colorado.
ATTACHMENTS
Exhibit A -- Review Criteria & Staff Findings
Exhibit B -- Application
Resolution No. 0
(SERIES OF 2002)
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING APPROVAL TO CITY COUNCIL FOR A REZONING FOR A
PROPERTY LOCATED AT 216 E. HALLAM STREET, CITY AND TOWNSITE OF
ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2737-073-14-001
WHEREAS, the Community Development Department received an application from
Mona Frost Trust, represented by Stan Clauson Associates, LLC, requesting rezoning
approval for a property located at 216 East Hallam Street in the City of Aspen.
WHEREAS, the Community Development Department Staff reviewed the
Application for compliance with the Rezoning Review Standards; and
WHEREAS, the City Zoning Officer, the City Engineer, the Parks Department,
Aspen Consolidated Sanitation District, and the City Fire Department reviewed the
development proposal for 216 East Hallam Street and provided written referral comments as
a result of the Development Review Committee meeting; and
WHEREAS, upon review of the application, referral comments, and the applicable
Land Use Code standards, the Community Development Director recommended approval of
the Rezoning with conditions stated herein; and
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code as
identified herein, has reviewed and considered the recommendation of the Community
Development Director, the applicable referral agencies, and has taken and considered public
comment at a public hearing; and
WHEREAS, the City of Aspen Planning and Zoning Commission finds that the
development proposal meets or exceeds all applicable development standards and that the
approval of the development proposal, with conditions, is consistent with the goals and
elements of the Aspen Area Community Plan; and
WHEREAS, the Planning and Zoning Commission recommends approval to the City
Council for the Rezoning from S/C/I to R-6, by a vote of to L - J, and
WHEREAS, the City of Aspen Planning and Zoning Commission finds that this
resolution furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED by the Commission:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Planning and Zoning Commission hereby recommends approval to the City Council for
for the Rezoning from S/C/I to R-6 a property located at 216 East Hallam.
Section 2
This resolution shall not effect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or amended
as herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 3
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
Section 4
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or documentation
presented before the Planning and Zoning Commission, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein, unless
amended by an authorized entity.
APPROVED by the Commission at its regular meeting on March 5`h, 2002.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
Jasmine Tygre, Chair
EXHIBIT A
REVIEW CRITERIA & STAFF FINDINGS
REZONING FROM S/C/1 TO R-6 (MEDIUM DENSITY RESIDENTIAL)
In reviewing an amendment to the official zone district map, the Planning and Zoning
Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this
title.
Staff Finding
The proposed amendment to the official zone district map to change the subject property's
zoning designation from Service/Commercial/Industrial to the R-6 Zone District is not in
conflict with any portion of the Land Use Code. The proposed rezoning does not represent
new land use policy or a change in land use policy for the City of Aspen. Two zone districts
currently split the accessory structure on the rear of the parcel. The proposed rezoning of the
entire parcel will allow for better compliance with the terms of this title than the current split
zoning. Staff finds this standard to be met.
B. Whether the proposed amendment is consistent with all elements of the Aspen Area
Comprehensive Plan.
Staff Finding
Staff finds that the proposed rezoning application is consistent with the Aspen Area
Community Plan in that the rezoning application will bring the parcel more into conformance
with the provisions of use and dimensional requirements set forth by the City of Aspen Land
Use Code. The proposed rezoning will also allow for a possible future conversion of the barn
structure to an infill residential unit. Staff finds this standard to be met.
C. Whether the proposed amendment is compatible with surrounding zone districts
and land uses, considering existing land use and neighborhood characteristics.
Staff Finding
The proposed zoning and uses allowed therein are compatible with the surrounding land uses.
The rezoning proposal legalizes the use and dimensional requirements of the barn structure.
Currently, the structure is non -conforming under the parcel's split zoning. The current split
zoning does not allow for any possible future redevelopment of the barn as an infill
residential unit. Currently the historic barn is in disrepair and is not being used in a
productive manner. Rezoning the property that contains the barn to the R-6 (Medium -
Density Residential) Zone District will allow for the refurbishing and use of the existing
historic barn structure. Staff finds this standard to be met.
D. The effect of the proposed amendment on traffic generation and road safety.
Staff Finding
The proposed rezoning to R-6 will not significantly effect traffic generation or road safety.
The applicant proposes to pave and landscape the aforementioned driveway area. The
parking for the residence on the front part of the parcel has historically been to the rear of the
parcel. Access to the parking on the site has historically also been through the trail easement
to be vacated and the alley bisecting the barn structure and the single-family residence on the
southernmost portion of the lot. Staff finds that since the applicant is not proposing an
additional residential unit at this time, that there will be no traffic generation resulting from
the rezoning application. Staff finds this standard to be met.
E. Whether and the extent to which the proposed amendment would result in demands on
public facilities, and whether the extent to which the proposed amendment would
exceed the capacity of such facilities, including, but not limited to, transportation
facilities, sewage facilities, water supply, parks, drainage, schools, and emergency
medical facilities.
Staff Finding
The rezoning to the R-6 Zone District will not result in increased demand on public facilities.
The single-family dwelling on the front lot and the barn on thr rear of the property already
exist and their impacts are already accommodated for within the current services provided. If
the applicant requests additional development in the future, the proper provision of any
additional required public facilities will be determined at that time as there are no
development plans associated with this rezoning. Staff finds this standard to be met.
F. Whether and the extent to which the proposed amendment would result insignificant
adverse impacts on the natural environment.
Staff Finding
The rezoning to the R-6 Zone District will not adversely impact the natural environment.
Any development to the barn structure or the single-family dwelling requires review by the
Historic Preservation Commission regarding any impacts on the site. Staff finds this standard
to be met.
G. Whether the proposed amendment is consistent and compatible with the community
character in the City of Aspen.
Staff Finding
The proposed rezoning is consistent and compatible with the community character in the City
of Aspen and in the neighborhood. This rezoning will return a residential property to its
logical zoning of R-6, which is consistent with the surrounding west end residential
neighborhood. Further, Staff finds the current S/C/I zoning to be an inappropriate zone
district for the west end residential neighborhood as the uses are very incompatible.
Additionally, Aspen has a strong tradition of preserving historic structures of all uses and
refurbishing them to be utilized to meet the Community's design and housing goals. The
Historic Preservation Commission will review any development proposal on the site ensuring
it's proper fit within the neighborhood's character. Staff finds this standard to be met.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
Staff Finding
The City no longer envisions the public trail easement to the west of the subject parcel as a
trail link in their long-term vision. This change in the City's vision for the easement allows
for access to the back parcel for a possible residence through vacating this easement. Staff
feels that aforementioned change supports the proposed rezoning application.
L Whether the proposed amendment would be in conflict with the public interest, and is
in harmony with the purpose and intent of this title.
Staff Finding
Staff feels that the proposed rezoning application will not be in conflict with the public
interest or this title. The rezoning will allow for the historic barn to be refurbished as
possibly a residence or a usable accessory building. Staff finds this standard to be met.
E
L]
26.575.020
C. Lot Area. Except in the R15-B zone district, when calculating floor area
ratio, lot areas shall include only areas with a slope of less than 20%. In addition, half
(50) of lot areas with a slope of 20-30% may be counted towards floor area ratio; areas
with slopes of greater than 30% shall be excluded. The total reduction in FAR
attributable to slope reduction for a given site shall not exceed 25%.
Also excluded from total lot area for the purpose of floor area calculations in all
zone districts is that area beneath the high water line of a body of water and that area
within a vacated right-of-way, or within an existing or proposed dedicated right-of-way
or surface easement. Lot area shall include any lands dedicated to the City of Aspen or
Pitkin County for the public trail system, any open irrigation ditch, or any lands subject to
an above ground or below ground surface easement such as utilities that do not coincide
with road easements. When calculating density, lot area shall have the same exclusions
and inclusions as for calculating floor area ratio except for exclusion of areas of greater
than 20% slope.
26.480.030 Exemption
1. Lot line adjustment. An adjustment of a lot line between contiguous lots if
all the following conditions are met:
a. It is demonstrated that the request is to correct an engineering or
surveying error in a recorded plat or is to permit an insubstantial boundary
change between adjacent parcels; and
b. All landowners whose lot lines are being adjusted shall provide
written consent to the application; and
C. The corrected plat will meet the standards of this Chapter, and
conform to the requirements of this Title, including the dimensional
requirements of the zone district in which the lots are located, except in
cases of an existing nonconforming lot, in which the adjustment shall not
increase the nonconformity of the lot. The plat shall be submitted and
recorded in the office of the Pitkin County Clerk and Recorder. Failure to
record the plat within a period of one hundred eighty (180) days following
approval shall render the plat invalid and reconsideration of the plat by the
Community Development Director will be required before its acceptance
and recording; and
d. It is demonstrated that the lot line adjustment will not affect the development
rights, including any increase in FAR, or permitted density of the affected lots by
providing the opportunity to create a new lot for resale or development. A plat note will
be added to the corrected plat indicating the purpose of the lot line adjustment and the
recognition that no additional FAR will be allowed with the adjustment.
THE CITY OF ASPEN
OFFICE OF THE CITY ATTORNEY
August 14, 2001
Thomas J. Todd, Esq.
Holland & Hart
600 East Main St.
Aspen, CO 81611
Re: Mona Frost trust Property
Dear Todd:
Please forgive the delay in responding to your letter dated June 27, 2001. I sent copies
of your letter to other departments for their comments before responding and it took
them a little longer to get to this matter than expected.
After carefully reviewing your letter and City records, we have concluded that there
are two lots of record as you maintain.
We cannot, however, agree that access to the lot containing the historic barn is along
Lot G of Block 71.' Access to that lot can, and should, be through the front lot .
adjoining Hallam Street. I don't understand the logic that would require Lot G to be
burdened by an access easement when access can be obtained through the front lot.
Before any development approvals are permitted on the back lot, the Community
Development'Department will undoubtedly question your client about the quit claim
deed for the triangular piece apparently deeded by Puppy Smith, LLC, without any
subdivision approval.
130 SOUTH GALENA STREET ASPEN, COLORADO 81611-1975 • PHONE 970.920.5055 FAx 970.920.5119
Printed on Recycled Paper
Thomas J. Todd, Esq.
August 14, 2001
Page 2
'If you have any questions, please give me a call.
Sincerely,
John P. Worcester
City Attorney
cc: Community Development Department
JPW-08/ 14/2001-GAjohn\word\letters\todd3.doc
W
HOLLAND & HART LLP
ATTORNEYS AT LAW
J�1� a-•
DENVER • ASPEN 600 EAST MAIN STREET
BOULDER • COLORADO SPRINGS S ASPEN, COLORADO 81611-1953
DENVER TECH CENTER
BILLINGS • BOISE
CHEYENNE • JACKSON HOLE
SALT LAKE CITY
June 27, 2001
VIA HAND DELIVERY
John Worcester, Esq.
City Attorney, City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Re: Mona Frost Trust Property —Merger Issues and
Access through Red Brick School Property
Dear John:
��� xlu�
W" t^
fax/
1
TELEPHONE (970) 925-3476 �
FACSIMILE (970) 925-9367
THo" J. TODD
ttodd@hollandhartcom /
JUN 2001
City (A1ttorrpney's
As a follow up to our previous meeting with Stan Clauson, I am writing to provide you
with additional information concerning the merger and access questions you raised.
I am enclosing a copy of a portion of the original 1880 City of Aspen Townsite Map with
the Mona Frost Trust property highlighted in yellow. As you will see, the original townsite map
shows the platted lots that comprise the Mona Frost property as being separated by the alleyway
for Block 71. As we have previously discussed, the Block 71 alley where it abuts these lots has
never been the subject of a vacation ordinance. It therefore still exists and is in the public domain.
The Mona Frost Trust does not own any interest in the alleyway for Block 71. The Mona Frost
Trust property therefore consists of two (2) separate, distinct parcels of land:
The southern (or "front") portion, consisting of Lots N and
O (shown as Lots H and I on the 1880 Townsite Map) of
Block 71 and,
2. The northern (or "rear") portion, consisting of Lots D and E
(shown as Lot D on the 1880 Townsite Map) of Block 71.
The triangular shaped northern or rear portion of the Mona Frost Trust property has been
the subject of a long-time adverse possession situation. The historic barn on this portion of the
property encroaches onto Lot 4 of the Trueman Commercial Project. Recently, a quit claim deed
for the tract of land subject to the adverse possession claim was obtained from Puppy Smith LLC,
the record owner of Lot 4 of the Trueman Neighborhood Commercial Project. The tract of land
involved in this adverse possession is 1,438 square feet in size. I enclose a copy of that quit claim
deed and a portion of a site survey showing this tract.
Section 26.480.020(2)(E) of the City of Aspen land use regulations deals with merger of
townsite lots. This section is quoted as follows:
• •
HOLLAND & 1 IART LLP
ATTORNEYS AT LAW
John Worcester, Esq.
June 27, 2001
Page 2
Aspen Townsite lots. If two (2) or more lots within the original
Aspen Townsite or additions thereto have continuous frontage and
are in.single ownership (including husband and wife) on October
27, 1975, the lots shall be considered an undivided lot for the
purposes of this Title, and conveyance of any portion shall
constitute subdivision. An Aspen Townsite lot or addition thereto
includes all lands depicted on the Aspen incorporation plat of
record, dated 1880, plus any lot or parcel annexed to the city since
that time which constitutes a nonconforming lot of record, plus any
lot or parcel which has not received subdivision approval by the
City of Aspen or Pitkin County, but excludes any subdivided lot in
the City of Aspen which conforms to the requirements of this Title.
Pursuant to the regulation quoted above, Lots N and O of Block 71 have clearly merged
and so have Lots D and E, but there are no facts which exist which would support a merger of
these two separate portions of the Mona Frost Trust property into one. This is true regardless of
whether or not the surface of the Block 71 alleyway has ever been used. Based on the foregoing,
it is my client's position that the rear portion of the Mona Frost Trust property is a separate site
susceptible to re -development.
As outlined in the correspondence you and I exchanged in June and July of 1995, my
client is also of the position that it is entitled to separate legal access to serve northern or rear
portions of the property, and that this separate access should logically be along the 20-foot by
100-foot strip of land located on Lot G of Block 71, which is the easternmost portion of the Red
Brick School property. This is the same strip of land that was conveyed to the City of Aspen at
the time the westerly portion of the alley serving Block 71 was vacated in 1953.
We would very much appreciate your reviewing these materials and perhaps getting
together again for another meeting to discuss how best we can proceed to formalize these
understandings into a proposal for the City Council's review and consideration.
Thanks again for your time and attention to this matter.
Sincerely,
'-7 '4
ho a J. Todd
of H and & Hart LLP
TJT: sm
Enclosures
cc: Lori Hamilton (w/encls.)
Stan Clauson (w/encls.)
QUIT CLAIM DEED
THIS DEED, Made this Iv- day of ,,) , 2001, between PUPPY
SMITH LLC, ("Grantor") Grantor and MONA J. FROST TRUST whose legal address is
c/o US Bank, 950 Seventeenth Street CNDT0615, Denver, Colorado.(Attn: Lori J.
Hamilton, Trust Officer), ("Grantee").
WITNESSETH: Grantor, for and in consideration of the sum of Ten Dollars and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, -has remised, released, sold and QUITCLAIMED, and by these presents
does remise, release, sell and QUITCLAIM unto Grantee, its successors and assigns,
forever, all the right, title, interest, claim and demand which Grantor has in and to the
real property, together with improvements, if any, situate, lying and being in the County
of Pitkin and State of Colorado, described as follows:
See Exhibit "A" attached hereto and made a part hereof.
TO HAVE AND TO HOLD the same, together with all and singular the
appurtenances and privileges thereunto belonging or in anywise thereunto appertaining,
and all the estate, right, title, interest and claim whatsoever, of Grantor, either in law or
equity, to the only proper use, benefit and behoof of Grantee, its successors and assigns
forever. This conveyance is made subject to all zoning and land use laws, restrictions
and regulations and also subject to any and all property taxes, covenants, conditions,
restrictions, easements and rights of way of record.
IN WITNESS WHEREOF, Grantor has executed this Quit Claim Deed on the
date set forth above.
GRANTOR:
PUPPY SNII
limit lability
STATE OF COLORADO )
)ss:
COUNTY OF PITKIN )
C, a Colorado
,pang
The foregoing instru ent w s ackn ]edged before me this day
2001 by as Manager on behalf of. Puppy
th LLC, a Colorado limited liabili mpany.
Notary Public
EXHIBIT "A"
PUPPY SI ITH LLC/ MONA J. FROST TURST
LEGAL DESCRIPTION
A parcel of land being that portion of Lot 4, Trueman Neighborhood
Commercial Project adjacent to Lots D & E, Block 71, City and Townsite of Aspen
(according to the 1959 official map of the City of Aspen) described as follows:
Beginning at the point of intersection of Aspen Townsite
Line 4 - 5 and the West Line of Lot K, Block 71, City and
Townsite of Aspen, projected northerly (said point of
beginning being the Southwest Comer of that Parcel of Land
described in Book 343 at Page 518 of the Pitkin County
records);
Thence N14050149" E. 37.98 feet along the westerly boundary of
said Book 343 at Page 518;
Thence N75009'11" W. 59.82 feet;
Thence S14150'49" W. 5.35 feet to the southwesterly boundary of said
Lot 4;
Thence S43°08'33" W. 70.54 feet along said southwesterly boundary of
Lot 4 to the westerly boundary of Book 343 at Page 518;
Thence N. 14150'49" E. 4.77 feet along the westerly
boundary of Book 343 at Page 518 to the Point of
B eginning.
COUNTY OF PITKIN
STATE OF COLORADO
ylr�
.E 73
Y w T. y0o SEE PLAT BOOK�5 NNDESCR BEO
F-
`\ 5.332 SO' cn FOR ADDS510N \
S 7"
15 TRAIL d UTILITY EASEMENT
Y 0 16129
ptjPP �..
SMITH LLCj,®T 6129
OF LOT A TRUE�TNAS
esl LINE ERICAL GR EE EES 1THP 4J° C O.` vEGROUND
jOF1pNUME14FDT AND954R "'S SE BJJ• a/ �0 BK 5 P
wER LINE O 71673
OCAT ION FOUND w SEE PLAT v
=OR CORNER }6 zj9 a
RROR. B C N 75.09'I1• w 59 .82'
\I\\ E
I 0,
Y W
h P
I I M BARN 9• o
J �
a _I Z
L, !0/
D CA]16129
m S 75.09'II•E !E/ PO POINT OF BE61Nh
82' TRANSFER PARCEL
1.305 SOFT. ` /'e
ALLEY BLOCK 71 N \'-GAF
10
N 75•o9ll•w
'S T' T R u s T 0. 5 REBAR _
'9018 t
• I MO A RED CAP pF7 's•.
S E BK 177 P OF 06 �
N
ABPE I
O C O THE CITY u..,
I ti:
I r
+. n
112 S(plY .ow
i w �ITR
I � f R►IE
F G f,u1W,(oM a o
N/ O
I r
0 K
I
I !'
I SQ.Ft.
I H AREA 982 /
S 75.09I I •E I
16
16
B
BACK CONCRETE CURB
I FOUND ROUNDHEo SO'
N14' S0' 49 gSofTREET
'� BAS�l CLSI SP % BEAR 1 NGS EA ST HA L LA
M 'STREET
OfJ
6
Portion of 1880 Aspen Townsite Map
(�=/1
�....�,� '*—,,,.Mona Frost Trust Property. -
? x E .•w _ •
re
-•fir
� J F
1p
�'. Z. L.-�•r. r' n. i- • ,fit?f_ .� ..�. •('* !�C:Fx �t�. >(
�•-�. t.Y�' i- .~�' - t'�� ys c.f� � _ �t� .• *• _t K.�}r: i.,�- � ,F .. : .. ..... .'' t ;:'!'�+;'ti
r�#i,�,r;.,� Col..
o
Xi
rA
w.: Y d s+ d
Q ,' �.. ` :-- i,/i't. _ ''•+,• <" ,•.moo '.r AJ ` 7 t .�..'- �C:?
- j"c�: t"� � �, � �+ a+�;,i �r,�,1��•�!^ ., -; ' : �t � ifys'�i i�E �-.�' •• �i�► :• '�-�`,�r�.;�i : 5 �(: s.�t y� S tz
i .�:. ;C t ` �•:. �i: •r::-. •s. •y'-�'t5• •e . �•' 1 �. •��.- :iL i� nll�f►1.�:
IL
jilt
1 4'
'-'• ., S' �•' - ^,y.4 }_ ..r .� t'c` fir! �'..Y`:'�r:. �. �..a j -l.
• I�J". ' , r^-' -'!'t r• • ) -ram
MEMORANDUM
To: Development Review Committee
From: Richard Goulding, Project Engineer
Reference DRC Caseload Coordinator
Date: December 12,2001
Re: Mona Frost Trust Property Rezoning, Alley Vacation, and Access
The Development Review Committee has reviewed the Innsbruck PUD at their
December 12, 2001 meeting, and has compiled the following comments:
General
Sufficiency of Submittal: DRC comments are based on the fact that we
assume the submitted site plan is accurate, that it shows all site features, and
that proposed development is feasible. The wording must be carried forward
exactly as written unless prior consent is received from the Engineering
Department. This is to alleviate problems and delays related to approvals tied to
"issuance of building permit."
2. R.O.W. Impacts: If there are any encroachments into the public rights -of -way,
the encroachment must either be removed or be subject to current encroachment
license requirements.
Site Review
Site Drainage — Requirement —.The foundation drainage system should be
separate from site storm drainage system. Rain and snow melt runoff must be
detained and routed on site. These facilities must be shown on drainage plans
and submitted for approval prior to application for building permit. The drainage
may be conveyed to existing landscaped areas if the drainage report
demonstrates that the percolation rate and the detention volume meet the design
storm
Information — The City drainage criteria needs to be implemented completely.
This includes but is not limited to erosion control, soil stabilization, and re -
vegetation in disturbed areas. Also, there needs to be an analysis of where the
drainage will flow
2. Sidewalk, Curb, and Gutter — Requirement- sidewalk, curb, and gutter must be
designed using the City of Aspen design standards which are available in the
City Engineering Department.
Fire Protection District — Requirement —
Fire Protection District requests the following revisions be made:
Page 2 of 5 • •
December 12, 2001
Mona frost Trust
a. The alley is not to be compromised any further than already existing
conditions . No tree are to be planted along the red brick building.
b. At a later date the use of alley block 71 as a turnaround for fire trucks is to be
reviewed
4. Transportation — Requirements- The information were forwarded by
Transportation department:
a. No Comment
5. Building Department — Requirements — The following requirements were
forwarded by the Building Department:
a. No Comment at this time
6. Assets — Requirements — The following requirements were forwarded by the
Building Department:
a. The addition of the Alley 71 will not add FAR to the property
b. Signs are to be posted that make it clear to public that this is public land not
private and they are free to use it. This sign is to be permanent
c. The proposed lilac's along the Red Brick Building are not to be planted as
this again gives the impression that the public trail is private land
7. Parking — Requirement — The following requirement has been forwarded by the
Parking Department:
a. No comment
8. Engineering Department — Requirement- The following requirements have
been provided by the Engineering Department:
a. If there are any existing or planned utilities in Alley 71 it is to become
Easement corridor to accommodate these.
b. There is to be no encroachment into the 20 ft wide corridor running along the
Red Brick Building
c. The shoulder of the above corridor are to be of dense graded crush to
accommodate any emergency or maintenance vehicles
Information — The following information has been provided by the Engineering
Department:
Page 3 of 5 • •
December 12, 2001
Mona frost Trust
a. The submittal of the construction plans to Engineering Department for
reviews prior to application for building permit will benefit the developer and
will facilitate timely processing of the Building Permits.
9. Streets Department — Requirement- The following requirements have been
provided by the Streets department
a. No comment
10. Housing Office — Requirements — The following requirements have been
provided by the Housing Office:
a. No comment
11. Community Development — Requirements — The following requirements have
been provided by the Community Development Office:
a. A subdivision Plat will be required at a later date
12. Emergency Management Disaster Coordinator — Requirement - The
following requirement has been provided by the Pitkin County Disaster
Coordinator:
a. No comment at this time
13. City Environmental Health Director — Requirements- The following
requirements were made by the Environmental Health Director:
a. No comment at this time
14. Parks — Requirement- The following requirements have been made by the
Parks Department:
a. City will retain vehicular access down concrete drive ( lot G). Giving accesses
for trail maintenance and access to supplies
b. Concrete at the end of the property, the entire length of the public trail,
including a better tie in with the red brick building East entrance.
c. A sign ( double sided) is required at the beginning of the trail, ( beginning of
Lot 4) identifying the public access and direction of access.
d. No need for lilacs along red Brick Building
e. Caution property owners on safety and speed while using Lot G
14. Utilities:
- Water:
Page 4 of 5 • •
December 12, 2001
Mona frost Trust
City Water and Electric Department - Requirement — As a request of the City
of Aspen Water Department, revisions need to be made as follows:
a. All uses and construction will comply with the City of Aspen Water System
standards and with Title 25 and applicable portions of Title 8 (Water
Conservation and Plumbing Advisory Code) of the Aspen Municipal Code
b. Preserve all easements. There is to be no pavement or additional vegetation
on the easements
c. Public assess is not to be restricted
d. Access to the transformer is not to restricted
- Wastewater:
Aspen Consolidated Waste District — Requirement — The following was
provided by the Aspen Consolidated Waste District:
a. All the easements are to be memorialized
- Construction:
Work in the Public Right of Way
Requirement — Given the continuous problems of unapproved work and
development in public rights -of -way adjacent to private property, we advise the
applicant as follows:
Approvals
Page 5 of 5
December 12, 2001
Mona frost Trust
1. Engineering:
2. Parks
3. Streets:
4. Permits
DRC Attendees
•
r:
The applicant receives approval from the City Engineering
Department (920-5080) for design of improvements, including
grading, drainage, transportation/streets, landscaping, and
encroachments within public right of way.
The applicant receives approval from the Parks Department (920-
5120) for vegetation species and for public trail disturbance.
The applicant receives approval from the Streets department
(920-5130) for mailboxes, finished pavement, surface materials on
streets, and alleyways.
Obtain R.O.W. permits for any work or development, involving
street cuts and landscaping from the Engineering Department
Staff: Nick Adeh
Richard Goulding
Dennis Murray
Ed Van Walraven
Chris Bendon
Brian Flynn
Phil Overynder
Tom Bracewell
Ed Sadler
Applicant's Representative: Stan Clauson
3.2002 2!24PM ST
:■ ■: EWART TITLE ASPEN • '
NO.711 P.1i3
I�
RECORD OF
PROCEEDINGS Epp Leaves
.aei. a.-nuuna►��ca
ORDINANCE No. Z 9
(Series of 1978
AN ORDINANCE VACATING THE ALLEY IN BLOCK 64,
ORIGINAL ASPEN TOWNSITE AND A PORTION OF THE
ALLEY IN BLOCK 71, ORIGINAL ASPEN TOWNSITE
WHEREAS, the public use, convenience and necessity
no longer requires the hereinafter described alley or portion
thereof,
NOW, THEREFORE, HE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORAD0:
Section 1
The alley lying within Block 64, Original Aspen Townsite,
shall be, and the same hereby is, vacated.
Section 2
That portion of the alley lying within Block 71, Original
Aspen Townsite, lying between the easterly line of vacated
Aspen Street and a line 20 feet westerly of'and parallel to
the easterly line of Lot M (sometimes called Lot G), shall be,
and the same hereby is, vacated.
Section 3
If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications
Of the ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of
this ordinance are declared to be severable.
Section 4
A public hearing/ on the ordinance shall be held on
1978, at 5:00 P.Ii. in the
City Council Chambers, Aspen City Hall, aspen, Colorado.
PoaW Fax Note 7671 °ems M" 46 W 5
to From � ( IIIN I�MEN■pu�u� Pave; 1 of 3
III1IINY�,Iql 12/ 10/ 2N1 14 ! 45A
�P�• �O S1L 1R oHvti viTctN p
p 1S.a0 D O.N
Phen.! Phwv 0
i
Fax p Fex
■
[007 'y net; ,�■'
JAN• 8.2002 2=24PM STEWART TITLE ASPEN
N0.711 P.21-3
T
RECORD OF PROCEEDINGS 100 Leaves
6ection 3
A public hearing on the ordinance shall be held on
1978, at 5:00 P.!t, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado,
INTRODUCED, READ AND ORDERED published as provided by
law by the City Council of the City of Aspen., Colorado, at
its regular meeting held at the City of Aspen on then day
Of July, 1970.
ATTEST.
Katnryn s ./ - Oh
City Clerk �(/,,
FINALLY adopted, passed and approved on the /ti ay of
1978. `�
Sta Stan ey III
Mayyr
-.
ATTEST:
Kat ryn .oc
City Cler
�� 461616
u ry� P�Oa; 2 of 9
e IL -VIP DAMS Pr TKr .."WTy1 co 1211012041 10:45A
R rs.N D O.N
—Z—
I 1
Wd0t�l IOOi 'Z 'noh
8.2002 2:25PM STEWART TITLE ASPEN •
N0.711 P.3/3
...',o,M RECORD OF PROCEEDINGS
STATE OF COLORADO )
COUNTY CF PITKIN j ss CERTITg
I. Kathryn S. Koch, City Clerk of Aspen, Colorado,
do hereby certify that the above and foregoing ordinance was
introduced, read in full, and passed on
reading at a regular meeting City of Aspen on of the cityC
Council of the
197�, and published
in the Aspen Times a weekly newspaper P par of general circul-
ation, published in the Cityof
span, Colorado, ir, its
issue of d?
197 , and was finally adopted
and ,approved at a reg
ular meeting of the City Council on
197 ? and ordered
Ordinance No. _7c� Published as
Series of 197 ?, Of said City, as
provided by law..
IN WITNESS WHEREOF, I have hereunto set my hand and
the seal of said City of Aspen, Colorado, this
day of
197 �
athyrn S, och)
Ctty C erTt`
SEAL,
n�puty City Clerk
E
tt
1
I1N'VjFjINN'Ty
4�16153i PMIw f 1211ei2"fR m ee
f
4diE f i00 b '1up
0 T*n k6 Gle.
1
1
LI
C
1
1
1
APPLICATION
Frost Property
Rezoning, Alley Vacation, and Access
2 October 2001
Revised 19 April 2002
Applicant: Camilla Auger
The Frost Property LLC
709 North Spruce Street
Aspen, CO 81611
Location: 216 E. Hallam Street
Aspen, Colorado 81611
Zone District: S/C/I and R-6
An application for rezoning, alley vacation, and utilization of
Sheeley Blvd. for access for the Frost Property, 216 E. Hallam
Street, Aspen, Colorado.
' Represented by: Stan Clauson Associates, LLC
200 E. Main Street
Aspen, CO 81611
970-925-2323
t�lla �h2 544- 0� 45
v
' • *AN CLAUSON ASSOCIATES, LLC
1]
fl
11
19 April 2002
Ms. Joyce Ohlson, Deputy Director
City of Aspen
Community Development Department
130 S. Galena Street
Aspen, Colorado 81611
Planning • Urban Design
Transportation Studies
Project Management
200 EAST MAIN STREET
ASPEN, COLORADO 81611
TELEPHONE: 9 70.9 2 S. 2 3 2 3
FAx: 970.920.1628
E-MAIL: clauson@scaplanning.com
WEB: www.scaplanning.com
Re: Rezoning, Alley Vacation, and Access Approval for 216 E. Hallam,
Aspen
Dear Joyce:
On behalf of the Camilla Auger, Managing Partner for the Frost Property, LLC, I am
submitting this revised application requesting that the City of Aspen conduct the necessary
reviews to provide for rezoning, alley vacation, and access for the historic property known
as the "Frost Property," located at 216 East Hallam Street in Aspen.
This revised application differs from the previous one submitted on 2 October 2001 in
several respects as follows:
• The conveyance of the property to the Frost Property, LLC is recognized.
• A site -specific development plan is being prepared for submission to the Historic
Preservation Commission. The revised application provides a site design plan
based on this new plan for the property.
• A corrected survey has been prepared that shows the width of the front and rear
properties to be sixty feet, and the front lot to contain 6,000 s.f of lot area.
• An additional area of land from Trueman Lot 4 has been added to the rear parcel,
based on the historic use and occupancy of the area by the occupants of the Frost
property.
• The transfer of land, historically occupied by the Frost property, from Trueman Lot
4 to the Frost property has been recognized under a court decree.
In all other respects, this application remains the same, and the purpose and intent of the
application is the same as that originally filed.
This historic property, consisting of a barn and house, is located on two lots in the R-6
residential zone. The property is separated by an unused but unvacated alley into parcels,
one containing an historic house, the other containing the historic barn. The rear parcel,
along with the barn, is bisected diagonally by the original townsite line. The residual
triangle, located outside of the original townsite, had been incorrectly included with the
property known as Lot 4, Trueman Neighborhood Commercial Project, a property that
includes the present location of the North Mill Station shopping center (the location of
Clark's Market). As it was clear that the barn had occupied the property well into the past,
PLANNING AND DESIGN SOLUTIONS FOR COMMUNITIES AND PRIVATE SECTOR CLIENTS
• •
'
City of Aspen Community Development Department
19 April 2002
,
Page 2
the residual parcel was returned by quit claim deed from Puppy Smith LLC, the owners of
,
Trueman Lot 4 to Camilla Auger, as Managing Partner of the Frost Property, LLC.
However, the official zoning map adheres to the original townsite line in differentiating
between the R-6 residential zone of the West End and the Service/Commercial/Industrial
(S/C/I) zone of the lands to the north. In order to utilize the rear parcel in a manner
consistent with the adjacent land, the residual triangle needs to be rezoned from S/C/I to R-
'
6. At the same time, the alley separating the parcels has no value to the City for purposes
of public access, and is requested to be vacated. Finally, the rear parcel containing the
barn originally had access from the extension of Francis Street, east of Garmisch Street and
,
to the rear of what became the Red Brick School. With the vacation of this portion of E.
Francis Street, access was obtained either from an access drive behind the school or the
'
access drive adjacent to the Red Brick Gymnasium, currently identified as "Sheeley Blvd."
There is no evidence of a driveway internal to the property providing access to the rear
parcel.
,
The drive adjacent to the Red Brick Gymnasium is alternately identified as a "public trail'
on the Red Brick Arts Center PUD plan and as "Sheeley Boulevard" by a City of Aspen
'
street sign. It is, in its current condition, a gravel driveway providing access to the rear of
the Frost property and to the easterly rear portion of the Red Brick Gymnasium Our
proposal is to formalize this historical access through a resolution of the City Council. The
access would be provided for both surface use and an underground utility corridor adjacent
'
to the historic properties. In exchange for this formal acknowledgement of the traditional
access, we have proposed several site improvements to provide for the development and
,
screening of the "public trail," consistent with the need for access to the Red Brick and
Frost parcels.
These three requests:
• R-6 zoning of the residual triangle, '
• Vacation of the alley separating the Frost parcels, and
• Acknowledgement and preservation of surface and utility access to the rear
parcel,
are consistent with historic preservation goals for the property. Rezoning the residual '
triangle will provide for the restoration and redevelopment of the barn, either as a
residential or residential accessory structure. Vacation of the alley will allow the two Frost
parcels to install landscaping and improvements secure in the knowledge that they can '
maintain these properties as their own. It will also allow the rear parcel to be of sufficient
size to encourage the redevelopment of the historic barn structure. Finally, permitting the
traditional access to use Sheeley Blvd., will provide access to the historic restoration of the I
1 • •
City of Aspen Community Development Department
19 April 2002
Page 3
I
1
1
n
I
rear parcel without disrupting the existing landscape of the front parcel, and without
incurring an additional curb cut along East Bleeker Street.
The land from the alley vacation would be divided equally between the front and rear
parcels. Attached to this application is a drawing depicting the area to be rezoned, the
disposition of the alley between the two abutting parcels, and the proposed landscape
treatment for the Sheeley Blvd. Access and public trail.
On 23 August, we met with James Lindt and Amy Guthrie for a Pre -Application
Conference to review the requirements for application for rezoning, alley vacation, and
access utilization. Subsequently, we have met several times with you to clarify issues and
develop an appropriate application strategy. We have also met twice with the
Development Review Committee and held several meetings with the Parks Department. A
utility location activity was conducted on 15 April 2002. This application and the site plan
have been developed in response to these meetings and to the application requirements, as
outlined in the Pre -application Conference summary, dated 28 August 2001.
We look forward to an opportunity to present our application for these improvements
essential to the historic restoration of the Frost Property in the hearing process, and
remain ready to answer any questions that you or the review boards may have regarding
the application.
Very truly yours,
4
Stan Clauson, AICP, ASLA
STAN CLAUSON ASSOCIATES, LLC
Attachments 1-9:
1. Land Use Application Form
2. Applicant's name and address, and letter of authorization for representation
3. Response to Municipal Code and Land Use Code Section cited in the Pre -
application Conference Summary, dated 28 August 2001
4. Vicinity Map
5. Disclosure of Ownership
6. Quit Claim Deed from Puppy Smith LLC to Mona J. Frost Trust
I
• •
City of Aspen Community Development Department
19 April 2002
Page 4
7. Pre -application Conference Summary, dated 28 August 2001
8. Revised and enhanced Landscape Plan with requested access shown
9. Rezoning, Alley Vacation, and Access Improvement Plan
10. Survey
11. Red Brick School Plat
Enclosures:
1. 10 copies of application, 2 full size copies of drawings in Items 8, and 9.
Previously enclosed:
1. Signed fee agreement
2. Deposit for review of the application in the amount of $2,405 for Planning and
$345 for Referral Agencies.
Cc: Camilla Auger
IPROJECT:
• LAND USE APPLICATION w
APPLICANT:
Name: Frost Property
Location: 216 E. Hallam Street; Lots D and E and Lots N and O (a/k/a H and I), Block 71
(indicate street address, lot & block number, legal description where appropriate)
Name: Camilla Auger, Managing Partner
Address: Frost Property, LLC, 709 North Spruce Street, Aspen, CO 81611
Phone #: 970 544-0745
REPRESENTATIVE:
Name: Stan Clauson Associates, LLC
Address: 200 E. Main Street, Aspen, CO 81611
Phone #: 970 925-2323
YPE OF APPLICATION: (please check all that apply):
❑
Conditional Use
❑
Conceptual PUD
❑
Conceptual Historic Devt.
❑
Special Review
❑
Final PUD (& PUD Amendment)
❑
Final Historic Development
❑
Design Review Appeal
❑
Conceptual SPA
❑
Minor Historic Devt.
❑
GMQS Allotment
❑
Final SPA (& SPA Amendment)
❑
Historic Demolition
❑
GMQS Exemption
❑
Subdivision
❑
Historic Designation
❑
ESA - 8040 Greenline, Stream
❑
Subdivision Exemption (includes
❑
Small Lodge Conversion/
Margin, Hallam Lake Bluff,
condominiumization)
Expansion
Mountain View Plane
❑
Lot Split
❑
Temporary Use
®
Other: Alley Vacation
❑
Lot Line Adjustmerit
®
Text/Map Amendment
Access Agreement
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
Two parcels of land separated by a remaining portion of Alley Block 71; parcel consisting of Lots N and O (a/k/a H
and I) contains a residence; parcel D and E contains historic barn. Parcel D and E had encroachments.
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
Rezone portion of land added to parcels D and E to R-6, consistent with neighborhood. Vacate portion of Alley
Block 71 and assign to abutters. Provide access to property via driveway adjacent to Red Brick Gynumasium.
Have you attached the following?
® Pre -Application Conference Summary
'® Attachment # 1, Signed Fee Agreement
® Response to Attachment #2, Dimensional Requirements Form
® Response to Attachment #3, Minimum Submission Contents
® Response to Attachment #4, Specific Submission Contents
® Response to Attachment #5, Review Standards for Your Application
FEES DUE: $ 2,750.00 (paid)
19 April 2002
Joyce Ohlson
City Of Aspen
Community Development Department
Aspen, Co 81611
To Whom it May Concern:
This letter is to certify that I, Camilla Auger, Managing Partner of the FROST PROPERTY,
LLC, 709 North Spruce Street, Aspen, Co, authorize Stan Clauson Associates to represent us
in the hearing process for rezoning, alley vacation, and utilization of Sheeley Blvd. for access,
for the Frost Property, 216 E. Hallam Street, Aspen, Colorado. Their contact information is as
follows:
Stan Clauson Associates, LLC
200 E. Main Street
Aspen, Co 81611
(970)925-2323
(970)920-1628 Fax
Very Truly Yours,
Camilla Auger
Managing Partner
FROST PROPERTY LLC
1
Attachment 3
Land Use Code Standards Report
Offered below are responses to relevant review standards as identified in the City Of
Aspen Land Use Code:
1. Responses to Section 26.310 Amendments to the Land Use Code and Official Zone
District Map
26.310.010 Purpose
The purpose of this chapter is to provide a means of amending the text of this title
' and the official zone district map. It is not intended to relieve particular hardships or
confer special privileges or rights on any person.
Response: The application is consistent with the intent and purpose of this section.
The present zoning boundaryfollows the Original Townsite boundary and is
' inconsistent with either the actual terrain or the land use patterns of the
neighborhood. The purpose of this application is to unify the parcels that comprise
the Frost property as residential properties, consistent with the surrounding area
and the intent of the Land Use Code. Rezoning the residual triangle, obtained by
quit claim deed, upon which the historic barn sits will allow for the redevelopment
of that historical resource for residential purposes.
2. Responses to Municipal Code Section 21.28 Local Public Improvements
21.28.010 City to Contract
The City shall have the power to contract for, construct or install local public
improvements; to assess the cost thereof wholly or in part against the property specially
benefited; to make and contract for a local public improvement and to pay from any lawful
fund that portion of the cost which is general public benefit; and to accept contributions or
' grants-in-aid to supply in whole or any part of the cost apportioned to the city or to accept
and apply such contribution or grants-in-aid wholly or in part to the credit of the
appropriate public improvement district.
' Response: The applicant is requesting that the traditional access to the Frost
property, via the drive adjacent to the Red Brick Gymnasium also known as
' Sheeley Blvd., be formally acknowledged by the City Council as an access in
perpetuity, for both surface movement and utility access. This access shall be
deemed to replace public rights -of -way providing access to the property that were
' vacated as part of the development and use of the Red Brick School. In exchange
for this acknowledgement of right of access, the applicant is proposing to provide
fundingfor public improvements to be installed along the access drive. These
0 0 1
Land Use Code Standards Report Page 2 '
Frost Property Rezoning, Alley Vacation, and Access
public improvements shall consist of paving the access drive and public trail,
installing landscaping, and installing signage and other protective measures to ,
mitigate any conflicts between vehicles and pedestrian or bicyclists using the path.
The suggested improvements are provided in a drawing included with this
application, and may be subject to modifications requested by the City Council or ,
City staff. Payment for and construction of these improvements shall be subject to
the other provisions of this Chapter 21.28 of the City of Aspen Municipal Code.
21.28.050 Rules of Petition
(a) Petitions for a proposed improvement shall describe the real property owner by
each signer being benefited by the proposed improvement; shall state the nature and ,
location of the proposed improvement and the proposed maximum unit cost thereof....
(b) All signatures on petitions shall be subscribed and acknowledged in the manner
provided by law for acknowledgement of deeds of conveyance of real estate.... '
Response: It is the intention of the applicant to provide an appropriate petition for
the proposed improvements, based on an agreed -upon improvements list. ,
21.28.060 Public Notice of Proposed Improvement
Response: Public notice of hearings related to the proposed improvement will be
provided in accordance with the provisions of this section.
21.28.220 Improvements
(a) The improvements authorized by this chapter may consist of grading, paving,
curbing, guttering, parking, landscaping, street lighting, or traffic signalization for or
otherwise improving the whole or part of any street or alley or public easement in the city '
or any one or more of said improvements, including the reconstruction, replacement,
renewal, or extension of the same and the acquisition of property and rights -of -way
therefore. '
Response: The current trail easement poses a unique opportunity to maintain the
existing soft space around these buildings that are listed on the Historic Inventory ,
in Aspen. These intentions would be in conformance with the City of Aspen
Preservation Design Guidelines, Chapter 14 General Guidelines, Section 14.17.
"Plan parking areas and drive ways in a manner that utilizes '
existing curb cuts. New curb cuts are not permitted. If an existing
alley exists, a new driveway must be located off of it. " I
1 0 0
' Land Use Code Standards Report Page 3
Frost Property Rezoning, Alley Vacation, and Access
The driveway adjacent to the Red Brick Gymnasium or Sheeley Blvd., as it is
identified functions as the replacement alley for the vacated portions of the alley
and E. Frances Street, which provided traditional access to the Frost Property.
Furthermore, as stated on p. H6 of the Historic Design Guidelines, under
' Driveways & Parking:
Historically, parking was located to the rear of a site. This tradition
' should be continued, and in all cases the visual impacts associated
with parking should be minimized. The number of curb cuts seen
along a street are limited since new ones are not permitted. On -site
' parking, when necessary, should be subordinated to other uses and
front yards should not be "parking areas ".
' A landscape drawing has been provided showing proposed improvements to Sheeley
Blvd. in the context of providing a permanent access agreement to the Frost
parcels.
3. Responses to Request for Alley Vacation
' 26.310.010 Purpose
This request is not covered in the City of Aspen Municipal Code. However, our
' understanding is that a procedure has been established for vacation requests involving
municipal streets, alleys and other public ways. The procedure is that an abutting property
owner submits a request for the vacation, signed by all abutting property owners. This
' petition is then reviewed by the Engineering Department, which prepares a response to the
request to be forwarded to the City Council. The Council then holds public hearings on a
vacation ordinance. If approved, a plat is prepared showing the vacation and the allocation
of property to abutting property owners.
' Response: As owners of 100% of the property abutting the short remaining
segment of the alley in Block 71 in the Townsite and City of Aspen, The Frost
Property LLC hereby petitions the City of Aspen to vacate this alley segment and
' allocate the vacated property as shown on the "Access Improvement Plan "
attached to this application.
11
■ • ATTACHMENT 4
u
li
w
[I
ar
gob
•�-S
bui.AdS •S
i
a! i
! ,
'
i
r
L1
4-S
ua4-unH •S
rWt W ■ i
_ •�S ouayoD
I1
go m ow
tJ IIIW
Cwiiq I N
� m RL r
I gDjouoH Cu
maw�-_r�
� r �
n op
� S uadsy,
41 c L
n.
IL
SG)
C5 ! . ■� _v 3 �� ■
ARM 16J
I
E
11
Apr•19. 2002
• CRY OF ASPEN
wRE7 T PAID
DATE N0.
No.5885 P. 2
�tachmant 5
Cr rY OF ASPEN
HRETT PAID
/��YDAAM ' /
/iiNp
TRUSTEE'S DEED
/`�
j� f.
- �v
THIS TRUSTEE'S DEED, (the "Deed") is made by MONA J. FROST TRUST �o and U.S. BANK NATIONAL ASSOCIATION (formerly known as Colorado National
Bank also formerly known as First National Bank. in Grand Junction), a national
banking association organized and doing business under the laws of the United States,
Trustee of the MONA J. FROST TRUST, (collectively, "Grantor'), to FROST
PROPERTY LLC, a Colorado limited liability property, Grantee, whose address is 709
North Spruce Street, Aspen, Colorado 81611,
9:29AM
WITNESSETH that Grantor, for and in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration to Grantor, in hand paid by
Grantee, the receipt of which is hereby confessed and acknowledged, does hereby sell,
convey, assign, transfer and set over unto Grantee the following described real property
situate in the County of Pitkin. State of Colorado:
See Property Description attached hereto as Exhibit "A" and
made a part hereof.
Also known by street and number as 216 East Hallam Street, Aspen, CO 81611
WITH all appurtenances and privileges thereunto belonging,or in anywise
thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of
Grantor, either in law or in equity, to the use and benefit of Grantee, its successors and
assigns forever; subject to covenants, easements, reservation, restrictions and rights -of.
1 way of record including, but not limited to the Exceptions to Title listed on Exhibit "B"
attached hereto.
TO HAVE AND TO HOLD the premises above bargained and described, with
the appurtenances unto. Grantee, its successors and assigns forever. And Grantor for
itself and its successors covenants and agrees to WARRANT AND FOREVER
DEFEND Grantee, its successors And assigns in the quiet and peaceable possession of
the above -bargained premises against all and every person claiming the whole or any
part thereof by, through or under Grantor.
do
IN WITNESS WHEREOF, U.S. Bank National Association, in its capacity as
Trustee of the Mona J. Frost Trust, has caused its corporate name to be hereunto
subscribed by its Assistant Vice President, Kenneth D. Roth, and its corporate seal to be
hereunto affixed, attested by its Trust Officer, Lori Hamilton.
ii
EXECUTED: January 24, 2002
MONA J. FROST TRUST, UTA dated
June 18, 1970
By: U.S. Bank National Association
(formerly known as Colorado National
Bank and also formerly known as First
''National Bank in Grand Junction), Trustee
�y:
obi Hamilton, Trust Officer
Kenheth D. Roth, Assistan Vice
President
�Iuj'�I I
Ni1,11P 1�: t of
31II1N1 463336
!!!uA Ont6 on cOV!Tr P1/9/2000 3:Z0P
R
U.S. Bank National Association (formerly
known as Colorado National Bank and
also formerly known as First National
Bank in Grand Junction), Trustee of the
MONA J. FROST TRUST, UTA June 18,
1970
By:
K neth D. Roth, Assistant Vice
President
By:i�
on Hamilton, Trust Officef:;,
.....,
Ia p sal �, ev)6a
n 170.9s
ReAarw
nvr•IJ- ZUUZ y:ZMM No•5885 P. 4
0 •
EXHIBIT "B" TO TRUSTEE'S DEED
MONA J. FROST/FROST PROPERTY LLC
List of Exceptions to Title
1 The lien for 2002 real property taxes due and payable in 2003.
2. Exceptions and mineral reservations as contained in patent recorded March 1,
1897 under Reception No. 60156,
3 Right of way for ditches or canals constructed by the authority of the United
States as reserved in United States Patent recorded August 29, 1958, in Book
185 at Page 69,
4. Easement and right of way for access purposes as granted to Aspen One
Company in Deed recorded November 29, 1973 in Book 281 at Page 761
5. Terms, conditions, and provisions of Subdivider's Agreement as contained in
instrument recorded April 8, 1977, in Book 327 at Page 25.
6 Easements, rights of way and other matters as set forth on the plat of
Trueman Neighborhood Commercial Project recorded April 8, 1977 in Plat
Book 5 at Page 70.
7. Easements, rights of way and all matters shown on Improvement Survey Plat
dated January 23, 2002 prepared by Aspen Survey Engineers, Inc. as Job No.
25089C.
2997646 LDOC
463336
st� ��� IIIN 11111111111111111111111111111eii9,ieei :3: zep
R 16.00 D t7e.06
Avr•19. 2002 9:29AM No.5885 P.•
EXHIBIT "A" TO TRUSTEE'S DEED
MONA J. TROST TRUST/FROST PROPERTY LLC
Property Description
' Parcel1:
Lots lettered D and E in Block numbered Seventy -One (71) and Lots lettered N and 0
(also known as H and I) in Block numbered Seventy -One (71) in the Townsite and City
of Aspen.
' Parcel 2:
A parcel of land being that portion of Lot 4, Trueman Neighborhood Commercial
' Project adjacent to Lots D and E, Block 71 City and Townsite of Aspen (according to
the 1959 official map of the City of Aspen) described as follows:
Beginning at the point of intersection of Aspen Townsite Line 4-5 and the West line of
' Lot K, Block 71, City and Townsite of Aspen, projected northerly (said point of
beginning being the Southwest Corner of that parcel of land described in Book 343 at
Page 518 of the Pitkin County records);
' thence North 14 degrees 50'49" East 37.98 feet along the westerly boundary of said
Book 343 at Page 518;
thence North 75 degrees 09' 1 1" West 59.82 feet;
' thence South 14 degrees 50'49" West 5.35 feet to the Southwesterly boundary of said
Lot 4;
thence south 43 degrees 08'33" West 70.54 feet along said southwesterly boundary of
Lot 4 to the westerly boundary of said Book 343 at Page 518;
thence North 14 degrees 50'49' East 4.77 feet along the westerly boundary of said Book
' 343 at Page 518 to the point of beginning.
COUNTY OF PITKIN
STATE OF COLORADO 5� W
Nt
[i
' 463336
I III�I � I) IMAI IIIIeq�IIN ei ieof 2
e2 n:2eP
' ce R 25.00 D 170.N
30585 444/206i06
OCT-02-2001 16 32 US BANK i... ya., ... ,......-r..,...:f 1 ............3 ... .........KO" (r i+A'.t 14b '
Reception No....14_101.7.............. .........Pe$8Y._E.r..-Mik�.�
MONA J. FROST
whose address is Aspen, Colorado 111.1E DOCHUTAY FU
,f Pitkin State of !JUN 2 0 1'fl o '
County 9 r�.�..�
Colorado for the consideration of
TEN DOLLARS AND OTHER VALUABLE CONSIDERATIONS, ,
ddSl ve' in hand paid, hereby sells) and conveys) to
FIRST NATIONAL BANK IN GRAND JUNCTION, TRUSTEE
whose address is Grand Junction, Colorado County of '
Mesa andStateof Colorado the following real property in tho
County of Pitkin , and State of Colorado, to wit: ,
Lots lettered "D" and "E" in Block numbered seventy-one (71)
1 and Lots lettered "N" and 'toll (Also known as "Hit and "I") in ,
Block numbered seventy-one (71) in the Townsite and City of
I Aspen,
I.
II
II ( No money exchange. Transfer of legal title only.
i� Documentary fee not required.)
I
ii •
;i
with all its appurtenances, and warrant(s) the title to the same, subject to ,
current taxes.
ii
I
i
Sibrned this 18th day of June 1970
i Fs
----__---------
Fiona J. t-
..................................................................................
I" ..................................................
i' STATE OF COLORADO,
as.
County of mesa
i The foregoing instrument was acknowledged before me this 18t11 t� '
day of June , 1570 , by Mona J. FrostTo
�;...
My commission expires
Witness my hand and official 36l.
I
' Nut.ri PyW�ct ,
.tihdntr,ry Ackuowiniy+^cn f.—I( hY nrtwrnl peroon or pereom here Inm•r1 nnmo or nansr,; It by Denson tsctlnQ-ln rllPanAsBtn tP'0 9r
.�1 [Idol cnUnrhY or ns nllun,cY-in •fact then Insert name a( person Y, es ncu toe attnrnnY-In-fact or other eapndly ,r'dn„erlp-
tl�nl; I( by oftleer u[ conwmtlon thon Insert nnmo of such otflcer ar of0cers se the president ur other off con of such oer-
I o %ilon nnndng It,
No. N97, w.,, my Ured-9b.rt Form-1— lls•1.12. C.R.B. I7s2.—nr dfori roba4sns co.. 1s2"l stout street. Denver, Colondu
11A (AD 6a&,7 .
TOTAL P.06
AUG-23-01 14:45
FROM=HOLLANDBHART
ID=97092567
PAGE 5/6
U11 CLAIM DEED
THIS DEED, Made this ( )�4 day of 2001, between PUPPY
SMITH LLC, ("Grantor") Grantor and MONA J. FROST TRUST whose legal address is
C/o US Bank, 950 Seventeenth Street CNDT0615, Denver, Colorado (Attn: Lori J.
Hamilton, Trust Officer), ("Grantee" )_
WITNESSETH: Grantor, for and in consideration of the sum of Ten Dollars and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, -has remised, released, sold and QUITCLADVMD, and by these presents
does remise, release, sell and QUITCLAIM unto Grantee, its successors and assigns,
forever, all the right, title, interest, claim and demand which Grantor has in and to the
real -property, togetherPvltii-improvements, if any; =situate, 4ying-and-being ratite County
of Pitkin and State of Colorado, described as follows. -
See Exhibit "A" attached hereto and made a part hereof.
' TO HAVE AND TO HOLD the same, together with all and singular the
appurtenances and privileges thereunto belonging or in anywise thereunto appertaining,
and ' all the estate, right, title, interest and claim whatsoever, of Grantor, either in law or equity, to the only proper use, benefit and behoof of Grantee, its successors and assigns
forever. This conveyance is made subject to all zoning and land use laws, restrictions
and regulations and also subject to any and all property taxes, covenants, conditions,
' restrictions, easements and rights of way of record.
IN WITNESS WHEREOF, Grantor has executed this Quit CIaim Deed on the
' date set forth above_
�IIIIII "III IIIIII IIIIII III I1III IIIIIII III IIIII IIII IIII GRANTOR:
55904 06/27/2001
02.31P GOD DAVIS SILVI PUPPY SM1 LLC, a Colorado
1 of 2 R 10.00 D 0.00 N 0.00 PITKIN COUNTY CO
' limit ability c any
STATE OF COLORADO }
)Ss:
' COUNTY OF PITKIN )
,a;o9uri�ri.a4
The foregoing instru ent w s acka ledged before me this
' 2001 by as Manager 0.68 aif of-Pti V.
nth LLC a Colorado limited liabilia ° -
mpany.
r
Notary Public
.,,,,MHIN1tN
AUG-23-01 14:45 FROM:HOLLAND&HART ID:9709259367
EXHIBIT "A"
PUPPY SI UM LLC/ MONA J. FROST TURST
LEGAL DESCRIPTION
A parcel of land being that portion of Lot 4, Trueman Neighborhood
Commercial Project adjacent to Lots D & E, Block 71, City and Townsite of Aspen
(according to the 1959 official map of the City of Aspen) described as follows:
Beginning at the point of intersection of Aspen Townsite
Line 4 - 5 and the West Lineofl,ot-K,-Block 71, Citq'and
Townsite of Aspen, projected northerly (said point of
beginning being the Southwest Comer of that Parcel of Land
described in Book 343 at Page 518 of the Pitkin County
records);
Thence N14°50'49" E. 37.98 feet along the westerly boundary of
said Book 343 at Page 518;
Thence N75110911 I - W. 59.82 feet;
Thence S 14°50'49" W. 5.35 feet to the southwesterly boundary of said
Lot 4;
Thence S43008'33" W. 70.54 feet along said southwesterly boundary of
Lot 4 to the westerly boundary of Book 343 at Page 518,
Thence N. 14150'49" E. 4.77 feet along the westerly
boundary of Book 343 at Page 518 to the Point of
Beginning.
COUNTY OF PITKIN
STATE OF COLORA.DO
I Illlll illll IIIIII IIIIII III lllll IIIIIli Ili IIIII IIII IIII
4559 K 06/27/2001 02: 31P 4CD DAVIS SILVI
2 of 2 R 10.00 D 0.00 N 0.00 PITKIN COUNTY CO
PAGE G/G
I
1
1
1
1
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: James Lindt, 920.5104 DATE: 8.28.01
PROJECT: 216 E. Hallam
REPRESENTATIVE: Stan Clauson
OWNER:
TYPE OF APPLICATION: Rezoning, Alley Vacation, Utilization of Trail Easement for Access
DESCRIPTION: The Mona Frost Property is located directly to the east of the Red Brick School and contains
two parcels w/ an unused, non -vacated alley splitting them. The rear parcel contains a bam that
was built across property lines. The two properties on which the bam was constructed are
located in two different zone districts. The owner of 216 E. Hallam St. acquired the portion of
the other property in which the barn is located and merged the properties. The Applicant
wishes to rezone the rear portion of the rear parcel from S/C/l to R-6. The rezoning would not
create a non -conforming lot in regards to lot area because it is already non -conforming in both
zone districts in which the parcel is currently located.
The applicant also wishes to officially vacate the alley that splits the two properties and be able
to utilize the public trail easement to the east of the Red Brick to provide access to the rear
parcel. To accomplish this, the applicant must petition City Council to vacate the alley and to
request approval for the applicant to use the public trail easement as access to the rear parcel.
Any future development will be subject to HPC approval because the residence on the front
parcel and the barn are both on the Historic Inventory.
Land Use Code Section(s)
26.310.10 Amendments to the Land Use Code and Official Zone District Map
Municipal Code Section (s)
21.28 Local Public Improvements
Review by:
IPublic Hearing:
G
• Staff for completeness.
• Development review committee (DRC) for technical considerations.
• Community Development Director for recommendations to Boards
• Planning and Zoning Commission for recommendation on Rezoning (PH)
• City Council for review of Rezoning, Alley Vacation, and Petition to utilize public trail
easement for access (PH). Alley Vacation application to be handled by City of Aspen
Engineering Department, and petition to utilize public trail easement to be handled by City of
Aspen Parks Department.
• Historic Preservation Commission for future Re -Development Plans.
Yes, every Board as noted above by (PH). Applicant must post property and mail notice at least 10
days prior to hearing, or at least 15 days prior to the public hearing if any federal agency, state,
county, municipal government, school, service district or other governmental or quasi -
governmental agency owns property within three hundred (300) feet of the property subject to the
development application . Applicant will need to provide proof of posting and mailing with an
affidavit at the public hearing.
Referral Agencies: Engineering, Parks, City Attorney, Water and Sanitation, Recreation, Streets
'Planning Fees: Planning Deposit Major ($2,405 for 12 hours)
Historic Fees: Future Development will require HPC Approval- Fee dependent on scope of application.
Referral Agency Fees: Engineering, Major ($345)
Total Deposit: $ 2,750(additional planning hours over deposit amount are billed at a rate of $205/hour)
To apply, submit the following information:
1. Proof of ownership.
2. Signed fee agreement.
3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address
and telephone number of the representative authorized to act on behalf of the applicant.
4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current
certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the
names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements
affecting the parcel, and demonstrating the owner's right to apply for the Development Application.
5. Total deposit for review of the application.
6. 25 Copies of the complete application packet and maps. One to Planner prior to remaining sets.
HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1/ea.; Planning Staff= 1
7. An 8 1/2" by I I" vicinity map locating the parcel within the City of Aspen.
8. Site improvement survey including topography and vegetation showing the current status, including all easements
and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado.
This must be current (within one year) and signed by a surveyor.
9. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include existing
conditions as well as proposed. Please provide a written response to all criteria.
10. List of adjacent property owners within 300' for public hearing. Contact Ann Stark in GIS Dept. 920.5453.
11. Copies of prior approvals including alley vacations.
12. Additional application material as required for specific review.
Notes:
1. No process defined in municipal code for usage of public trail easement for access. Applicant has suggested petition to
City Council for this approval through an application made to the City of Aspen Parks Department.
2. Planner suggests applicant submit one copy for initial completion review prior to making additional copies.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is '
subject to change in the future and upon factual representations that may or may not be accurate. The summary does not create a
legal or vested right.
1
= = = m = = m = m = m m m m m m m m m
-
-
- -
- -
- -
-
7
7. -4
-
-
-
13 N
13
_7
o
j 0
0
f.
2z
1
03
— — - — — — — — — — — — — — — — — — — - — — — — —
IRNL
ce 61A
rt -- , I �
PAST IAA LLAM STREET
CD
F'1
'n
m
STAN CLAUSON DATE: SHEET
ASSOCIATES, LLC MONA FROST TRUST 10 April 2002
200 East Main Street ASPEN, COLORADO 81611 REVISIONS:
Aspen CO. 81611
To.: (91M) OZS,--g=
FA. (m) 920-1628 LANDSCAPE PLAN
W6:
0
0
0
0
16' WIDE CONCRETE SI
DRIVEWAY (EXIST)
\ v \ \ LOT 2
(lTQRY ElSE4EM \ \ \ \
PUPPY -
SMITH BIKE PATH
/ BOOK 343 \
SEE LANDSCAPE PLAN
FOR ACCESS DETAILS
P4
/
;TORY /
-RAMS Y
WITH 3e /
T10N /
O
U �
/
' PERTY
000 SO. FT. %
PAGE 518 \
-AREA THAT \ \
HAS BEEN ADDED TO
BE REZONED R-6 \ \
—NEW PROPERTY LINE \ \
DIVIDES ALLEY LOT 4 \ \
EQUALLY BETWEEN \
THE 1WO LOTS \
—ALLEY
TO BE VACATED
LOT 1
0 10 20 30 40
z
.� z G.
. 4 o
z
co V
d
>
d
>4 �r
cn
W.w
ZV
�
d tQ
O
wz
d
z�
cn-
� @
U8
•
•
go" 1-a'
• • K r • r
Tor aR LCR
COME wAAlr
mea Tarr
>R1A 7. "MUM • smm W M SA1 . AN MTA IAOSL NAM
RM wOT. OOwe
10,1119.14MAKA LMrl■DRR�LAfA lei[
ST PAw"R FROOPERTY
PONT a"MUR
Cam WOMAN
N mmm MM
PW
TWA* ON am
AM CAP NASAMIr
r.>« A.
=a—
er NASAMq
Op
L AM NOOK me Or/) PM M.Ams As A TlmrL Sir or mom AM
r CwfL PAO smart M fAaRT'!S iAL MAINTAIN C7p. A
ILO Mw) MOT tA� lRlorf /•Ml I M am MT COITAr
: TrNlraMa. SOomo7, ww. A rOLE� 11 rws a0A
Wilson /. MCA a M M R w K � S M
�m R SAMM �f �.r R ��� M SMNAII A
NO NOO VAUNT
A
tA� fK AA w M TNts r TSMMIar TMw All SS.rMRm
YR7 A OIAIt.
a M.Aasw.OTm[AAT■MA�.AMAw[[.M
Y a nK Luc 00W rw wi mrw o.a TK wfr o.rl
ON CM . ArMN ILM Ca N AT IN iCfATST 0=0
AM ON: to rtl[ AMnoML M MMLM ST. Ma TA PONT w AT Tt SAMIASRT OOrt
MMAINTAIN de AOM R. R..a TO/rMAINTAINM ANM . AT AMA AT. .
� CrCrMKLM1 R..r r As M Ws. NOAIM an Parr N wrw N�
MAN Vr STaa M kfir 7 �� r{OMM IW�JLO TO,TI[ LOW= v Lm a�Mw 1
WO A! trA •A\ a TR fea0 ua r<r. wr rrArmr OW w or IOCrR to r
a7lr • �� 1r e TAA Y OAi� 4. M ANrp wwrMc OrAar M ARIAp�T r
. YS[1QS PONm Tor AS NAN
S \ ' . M AGSM TOAAr NAt Ai TA rear S mu, MUM CAI Or.
W� 4 A" w�[ To MAam AN we NOGOM. W
VO Cora M 0 AT [AR Aral AMOK OW ArA MOM fq. -0
Npr M >k r w A TM A.al T� SMSarT {= A{ MM
Q� wlmr ro[ Circe AT IM r1 orJmAs M IM. 9[ fM r on
ij rY Y MIT frpam� TO 1Ot AN c� TI[ in w = �r
p Wo w "a ■i MAR uTM SSA w MARTIN Ra oaMi TAd
iK 1MICK . T= rVm[OR M raMAW SUmn ALOr AfY TWA=
jjj r�•� O Aumrr W Ya tTcH W — — M C1alAro M TM MINIMUM
a To IOCA . 1R 4lit! 1MA0o1 CAL rpL7 AN,
a L QaM MI R AMP TO r RATS i r TITAN CueT.
l LMSAa[ a L M O Ya aO[T ONTOL Arq wAAM AN TAMMLT
ATA �� Tu ow
LOT, TO) ( TrfawiR�il� 1 CfQ MCr MOM!!, AN WANT.
MAP
! AArMt•�IOAN n
MMUM ROW TOT A SAMLon Wn�71A �A�■ ATUTOiN NT so m m
WN7[ AN ti. AT w4AT e. AN TAs gm w Twf y.
Ter tit AM MA
rNMM r R.LfTC CAI L TO RS.T LM /!w� � AM TSO. FabMWATAr Or NOGIs
NNANSA r tm NUraw RN A AAN M" TR MSRO M1T SmTTAMAS.
i
M vAr. [ TUN,
saTrcrers /aTAI TaT[r V[' sir O 7. M PART AN MR RTMSOAr A WU SUIT= R SOWM m ®aa
.SM To PLAM w A. r ,eli Q [AGARS. ROt QA01 /'r TIA /•1CT .Af TVIY .
' `'...ow ( ATOM TWA CUUMM AIM AATUM i#e• M TR MUM w
AT SwASTeS11 GATT, 7 0� l MCMW AND SUM POW STA1 OF THE SrATt BUM OF PNWCM L
rmw M IOOPROMMTL NTA O AN VVI rObLLT 1M0. AAA �O
r TSNLT aA.rA S. TO IA m M SaTO I TAlM.[ r CW~.
MO A Al.all Ran M TAT IYCT ASON A TMi AN MU l WIN m
pp a� M Mom SANw a. DO M >� AT SM . T SYM AMN• L CA A
9 rMMr Nr�A �p . �OArr IApRa w1sA-.Ai. 11fNL r tra CaTrr
l M SOOLAR UFM SYO. is AND AT rfM TR 1.CCA"m w lla
p TOAR " M 1— 1AI aLT ltff AN SCo1SARIT iMi mSa rfTCT
PJ. A) "a wm 11001 IO w MILM IL my WID AN MrSr w frKR
y M wR'AK w. CRT w Art AISiAA .w
q TA 7MAAM imam
adew 1>YdL T.M A RAm N'Wr W a NE
S At T ft
QM MM NSA 14A. MAMR YTA /MS MORa llr MlNST W AM
` ARSON
N� Y Iq TA rY A STUART. Amm r►
q M s tMUR TAM w A.R
l(I S . n M RANTATOAi w TAR AAA AMOK (WA WIN 70=MM AAflOQ AN,
ANNUAL
�■ IIVAA/JlJ// b rM >�T MfIS! s pSar1' OSlR1. NMeA a0 AAIt SOT�1
u m
S TA TATOR ■ NOCNw A K MAN CMMrT. WOAN r NALO.AATA
AMAa YTOML ROA -ankA: IpML Rm Ar.= MR MW DATA
AS A. tir. fAAMAMT-00M MANTA VANT W AN C rra F. a
a NM u OIIA M =9 Y, R r M AISA CW"= M LA-Rr ROr RML
`� M AMA CAIM NO TOAR NiOM Sa R SIAr iNw Sf.wT. M
4 .Air /rOOA 1110 AS 7�0Ar AA Id M OrIAAI IW .
■ A.OL M I WA W 'Mr AN AMMIIO w QifaQaO w NTSM
r ,rCOK"a` Tm TIMPS CALCLIA� 1=1 AN Nnow � Na.Y
S. M corn" R TSY[ mm .A roar vivow LM M A L M A 0} w
ITAC[ 7L m Araf TVA I m M Arf W r0ar m. LCCAIO r
�.,T:�•:�'._ NOIS S A c MAR 71 r RL7Na.r Nm 4.1rAa11 MAIa�RA CWYOM
L NONM M SwTM K A � Lnr SS['R= M TA VITA
NST COTAN TART TAX suwm RAT VAT WAC TSm nu
M'mw AA®OR WR !HAAR . M1SSVT M
Sw91Olr CNrar1M TMT 1 RATAN NOW
T OAM TM r A MTAU AM
wMOT
C
--- e
K C
�L�e
Ca e
qr
C 6>-JA-D
�n i _
- 7""o - +z, w 6,aA D4- M F p wv .
% I �Y;
'n ece—
04- atloweei aU14A.0Q. d7
S�
i
Is
dA�...k4
6db,,.- aft rob I c/"ry
ate. Lbf- .9-;Me .
4PC
G6 CK ( C�
Jv-
t4o
wj va i ka« tv, dcu. �izWs
o,^
64-
"tea
Par r- -
1 vl c .J - �t 04e- a S a4SM4
--m
- OAA� ilia
'lea Gc�
f
.k. I-T�i I ---Xe's
At,GD - rva�
-* vv) k mot- cl pfl�&: -c
Pil4f
o 1
V�iJ �✓�� � lG
G-ccoe- Imo*
VV4rr�l�l,Pr n
U4 %
1� ov,\, Pam. �
j
I
Is!
i .
tlI
• 0
HOLLAND & HART LLP
ATTORNEYS AT LAW
DENVER • ASPEN
600 EAST MAIN STREET
TELEPHONE (970) 925-3476
BOULDER • COLORADO SPRINGS
ASPEN, COLORADO 81611-1953
FACSIMILE (970) 9259367
DENVER TECH CENTER
BILLINGS • BOISE
CHEYENNE • JACKSON HOLE
THOMAs J. TODD
SALT LAKE CITY • SANTA FE
ttodd@hollandhart.com
January 17, 2002
VIA HAND DELIVERY
Joyce A. Ohlson, Deputy Director
Aspen/Pitkin Community Development Dept.
130 South Galena Street
Aspen, CO 81611-1975
Re: The Mona Frost Trust Property
Dear Joyce:
As a follow-up to our meeting of earlier this week, I have compiled a tab book containing
all of the documents I have assembled on the history of the right of way vacations and adverse
possession materials affecting the Mona Frost Trust property (the "Frost Property"). These
documents, together with a number of maps, plats and surveys, are contained in the tab book
which accompanies this letter.
Here is an overview of the situation:
1. The Frost Property is shown on the Improvement Survey (see Tab 1). The Frost
Property was first platted in the 1880 Aspen townsite map (see Tab 2). The townsite map split
the Frost Property into two unequal portions (what we referred to during our meeting as the
"Front Portion" — Lots H and I — and the "Rear Portion" — Lots D and E). The Front Portion and
the Rear Portion are not contiguous because they are separated by the alleyway serving Block 71.
2. A single family residence was constructed on the Front Portion of the Frost
Property and the historic barn was constructed on the Rear Portion. The 1896 Willits map (see
Tab 3) shows the approximate location of the footprints of these two structures on the Frost
Property.
3. The Rear Portion of the Trust Property was augmented by a metes and bounds
parcel (the "Triangular Parcel") consisting of 1,438 square feet of land. The Triangular Parcel
was acquired by the Trust in settlement of an adverse possession claim that dates back to the
construction of the historic barn on the Rear Portion of the Frost Property (see Tab 4).
•
•
HOLLAND & HART LLP
ATTORNEYS AT LAW
Joyce Ohlson, Deputy Director
January 17, 2002
Page 2
4. In the early 1950's, the red brick school building was constructed on Block 64 and
a portion of Block 71. As part of this process, the City of Aspen vacated the portion of Aspen
Street between Block 64 and Block 71 (see Tab 5), although the alleyway in Block 64 and Block
71 was not vacated at that time. It was not until 1978 that the school district obtained the
vacation of the alleyway serving Block 64 and a portion of the alleyway serving Block 71 (see
Tab 6). At about the same time as the vacation of Aspen Street and the alleyway serving Block
64 and a portion of Block 71, the school district granted a 20' wide strip of land to the City of
Aspen along the easternmost portion of the red brick school property (see Tab 7). The 1953
deed to this strip of land contains the following statement:
This deed is executed and delivered in consideration of, and
in accordance with, the terms of an agreement whereby the
party of the second party [the City] agrees to convey to the
party of the first part [the school district] that part of Aspen
Street running northerly from Hallam Street to the City
limits in the said City of Aspen for the purpose of
constructing additional school buildings thereon and for no
other purposes.
This 20' x 100' strip of land is adjacent to the Frost Property and underlies what is now referred
to as "Sheeley Boulevard." The above quoted language clearly evidences the fact that the City
and the school district were swapping one right of way (Aspen Street) for another (the 20' x 100'
strip of land). The locations of these right of way vacations and "Sheeley Boulevard" are shown
on the Aspen Arts and Recreation P.U.D. Plan (see Tab 8).
5. In previous correspondence exchanged with John Worcester (see Tab 9), I
informed John that it was my conclusion that the easement for Sheeley Boulevard should be
deemed the legal (and practical) access to serve the Rear Portion of the Frost Property. This
conclusion was based on the plain language in the 1953 deed from the school district to the City
as well as an analysis of the Colorado public right of way vacation statutes in effect in 1953 as
well as in 1978. The statutes provided that a municipality could not unilaterally vacate a street or
alleyway and leave a property owner landlocked. Therefore, as part of these street and alleyway
vacations, some new access had to be established to provide the Rear Portion of the Frost
Property with legal access. This was accomplished by the 1953 deed.
6. In 1977, the Trueman Neighborhood Commercial Project (where Clark's Market
and the Post Office are currently located) was approved by the City of Aspen. As part of that
application, an existing conditions map was filed in the real property records with a plat note that
showed the location of the historic barn on the Rear Portion of the Frost Property (see Tab 10).
•
L J
HOLLAND & HART LLP
ATTORNEYS AT LAW
Joyce Ohlson, Deputy Director
January 17, 2002
Page 3
It also showed some encroachments on the Charles B. Evert property (which later became the
Susanna E. Reynolds property) located next door to and just east of the Frost Property. The plat
note said that "All apparent encroachments pending quiet title decree." As best as we can
determine, James R. Trueman (the developer of the Trueman Neighborhood Commercial Project)
did not initiate or follow through on any quiet title proceedings to resolve the adverse possession
claims associated with these encroachments. Instead, in 1978, he conveyed the area covered by
the Reynolds encroachments to Susanna E. Reynolds (see Tab 11). This property thus became a
part of the Reynolds property and was added to the tax roll as part of the Reynolds property.
Unfortunately, there was no record of Mr. Trueman making a similar conveyance to the Frost
family. Mr. Trueman died and his estate was closed prior to the disposition of the encroachment
issues affecting the Frost Property.
7. The Trueman family subsequently sold the Trueman Neighborhood Commercial
Project to Puppy Smith, LLC and Puppy Smith, LLC subsequently by quitclaim deed conveyed
the Triangular Parcel to the Trust (see Tab 3). This conveyance resolved the adverse possession
claims arising from the encroachment of the historic barn onto Lot 4 of the Trueman
Neighborhood Commercial Project.
8. The Trust did not make an application to the City of Aspen for a lot line
adjustment to confirm the conveyance of the Triangular Parcel, instead relying on the exclusions
from the definition of "subdivision" set forth in the Aspen Municipal Code for conveyances
associated with quiet title proceedings. (See definition of "Subdivision" and exclusions
therefrom in Section 26.104.100 of the Code.) While there was no court issued quiet title decree
involving this matter because the adjoining property owner voluntarily conveyed the land that
was the subject of the adverse possession, from a practical standpoint, we see no reason why the
City of Aspen should challenge the appropriateness or validity of this conveyance. The act of
adverse possession of the Triangular Parcel took place many decades ago, well before the City of
Aspen adopted its land use regulations pertaining to subdivision approvals and, of course, the
City of Aspen was aware of the situation as far back as 1977 when it approved the Trueman
Neighborhood Commercial Project. There is also a precedent for this established by Mr.
Trueman's 1978 conveyance of the encroaching area on the adjoining Reynolds property. From
an historic preservation standpoint, we do not believe that the City of Aspen would want the
historic barn on the Rear Portion of the Frost Property to be compromised by disputes over
ownership of the land underneath it.
As the history of platting and right of way vacation proceedings show, the Front Portion
and Rear Portion of the Frost Property are separate and distinct parcels, separated by the existing
unvacated alleyway for Block 71, and the Triangular Parcel acquired from Puppy Smith, LLC
•
HOLLAND & HARTUP
ATTORNEYS AT LAW
Joyce Ohlson, Deputy Director
January 17, 2002
Page 4
confirms fee simple title ownership of the tract of land on which the historic barn has been
located for many years.
Based on the foregoing, we request that the City of Aspen approve and acknowledge the
composition of the Frost Property as currently shown on the Improvement Survey for the Frost
Property.
I trust all this information will assist you in your review of the pending land use
application. Should you need additional information or wish to discuss this further, please do not
hesitate to call Stan Clauson or me.
Sincerely,
Tho J. Todd
of Holland & Hart LLP
TJT: sm
Enclosures
cc: Lori Hamilton
Ken Roth
Stan Clauson
2894317_1.DOC
4 ip
THE MONA FROST TRUST PROPERTY
List of Documents
1. Improvement Survey of The Mona Frost Trust Property (dated January 14, 2002).
2. Portion of 1880 Aspen Townsite Map (shows Frost property highlighted in
yellow).
3. 1896 Willits Map (shows Frost property highlighted in yellow).
4. Quit Claim Deed from Puppy Smith LLC to The Mona Frost Trust (covers
triangular parcel).
5. City of Aspen Ordinance No. 5, Series of 1953 Vacating Aspen Street between
Block 64 and Block 71.
6. City of Aspen Ordinance No. 29, Series of 1978 Vacating Alley in Block 64 and
a portion of Block 71.
7. Quit Claim Deed from Aspen School District No. 1 to City of Aspen (covers
20'x100' strip of land on easternmost portion of Red Brick School property.
8. Aspen Arts and Recreation Center P.U.D. Plan. (Shows locations of alleyways
vacated by Ordinance No. 29, Series of 1978 highlighted in yellow; that portion
of Aspen Street vacated by Ordinance No. 5, Series of 1953, highlighted in pink
and 20' x 100' strip of land highlighted in blue).
9. Correspondence with City Attorney John Worcester on access issues.
10. April 8, 1977 Existing Conditions Map for The Trueman Neighborhood
Commercial Project. (Plat Note and Apparent Encroachments highlighted in
yellow).
11. Deed from James R. Trueman to Susanna E. Reynolds covering northern portion
of Lots K and L, Block 71 recorded February 13, 1978 in Book 343 at Page 518.
(Includes location map showing approximate location of tract of land being
conveyed.)
2893743_ 1.DOC
46 0
I
MONA FROST TRUST LOT LINE ADJUSTMENT
AT
FOUND
1978 BLM BRASS
CAP ASPEN TOWNSITE`
CORNER NO. 5
31'E 39.00 s
8.2°02' v,
a
`\ n
\ 5.332 $0. FT.
m
`\ U
i
SEE PLAT BOOK 5 AT PAGE 73
FOR ADDITIONIAL UNDESCRIBED
EASEMENTS
//. 15' TRAIL d UTILITY
EASEMENT
SOUTHWEST LINE OF LOT 4 TRUEMAN PUPPY _M1 _- _"` — -- S 74°04
NEIGHBRHOOD COMMERICAL PROJECT AS / SMITH L L C
FOUND MONUMENTED AND AGREES WITH J 215
THE LOCATION OF THE 1954 BRASS CAP LOT
SET FOR CORNER 38 FOUND TO BE SET L ll
ti
IN ERROR, Ado `a� SWI TCHGEAR `� - "\ BIKE PATH
8 ? ` ELECTRIC \SEWER -- VAULT& `\ /S;, 9j
8 �gc a VAP � �'UIVEGROUND
- _ `.� POWER 16. \ \
�� -- SEE PLAT BK S PG 71673
LEGEND AND NOTES � --
=
FOUND SURVEY 3� Sg
MONUMENT • 5 REBAR WITH NO CAP OR AS NOTED / m &? BOOK 343
BASIS OF BEARINGS FOUND ROUNDHEADS CL OF ASPEN STREET N14°50'49'E / r° 2 75 S 0.T + E" .,,.. PAGE S 1 8
AS SHOWN
D,
/_ TANfC
0
- BARNELECTRIC
LEGAL DESCRIPT"#ON IN;STEWART TITLE OF ASPEN, INC. COMMITMENT 29209-C2 DATED 12-03-01 `� _ l ! Y o
DOES NOT INCLUDE THE ALLEY IN BLOCK 71 , TELELECTRIC
d TVv SERVICES MSM BRASS CAP
� 1959 OFFICIAL MAR OF THE CITY OF ASPEN WAS USED FOR PROPERTY __/ /o/
LOCATIONS. ASPEN TOWNSITE\
PLAT PLAT BOOK 1 PAGE 3 d WLLLET'S MAP OF ASPEN 1896 _t �_ &SrZ \
WAS USED FOR LOT DESIGNATIONS S
~`'ems S.
9.82.
!
7 /M1
CALLS IN ( ? ARE LOT DESIGNATIONS FROM THE 1959 OFFICIAL MAP OF THE CITY OF ASPEN - _ / 3
0
_ A S 0. FT
1980 BLSM SURVEY AND RESURVEY OF ASPEN TOWNSITE WAS USED IN - � gl ® t
IN DETERMINING THE.LOCATlON OF ASPEN TOWNSITE LINE 4-5. CORNER 5
FOUND DOES• N0 `'L E3R •"Tf 6111 0"1ELD NISTES ANlDGORNER'No .ao 1S'
68LITERATED AND ITS LOCATION WA$'OETERMINED WITH THE REFERENCE 2� N 75°Oy. 90 P
TIE TO THE SOUTHEAST CORNER OF THE, GL{DDEM HOUSE. 1 /
op
SEE BK 177 PG 606 = / " a
B- SET P-K NAIL SURVEY CONTROL POINT O.C.D. 0 THE CITY OF ASPEN =(, �MO A S T TRUST
s a FOUN o
MANHOLE - CARPORT 0. 5 REBAR `` F
RED CAP '9018_ dd
O SET PROPERTRY CORNER NO, 4 REBAR WJ RED CAP 16129, / = p
F
SNOW AND ICE COVERED PROPERTY AT TIME OF SURVEY c / / - 9
UTILITY SERVICE LINES WERE MARKED BY THEIR RESPECTIVE UTILITY
/ - _ L� COMPANIES AND SHOULD NOT BE RELIED UPON FOR CONSTRUCTION = 1 1/2 STORY WOOD 12'
(`= FRAME HOUSE WITH
C7TNWD
CONC. FOUNDATON
3,r. � A
_ \r
= Q•
_ Q / = s,9. COR 38 FF
L EGA DESCRIPTION = / ! y ATA (WEST S
!y I2.- 2. Im
ro
6.6'1
4
PARCEL ifD
S25°W
-=� o C r
s r rn 30.36' 1
- - m
LOTS LETTERED -D' AND -E- IN BLOCK NUMBERED SEVENTY-ONE (71) AND LOTS
LETTERED -N° AND -0- (ALSO KNOWN AS -H- AND 'I-) IN BLOCK NUMBERED %_
AREA / 982 SQ.FT.
SEVENTY-ONE (7t) IN THE TOWNSITE AND CITY OF ASPEN. = WROUGHT
IRON FENCE
PARCEL 0 _ s 75, / ON PROP LINE SE GLIDDEN
- _ 9
l - 16 /f -E HOUSE
A PARCEL OF LAND BEING THAT PORTION OF LOT 4. TRUEMAN NEIGHBORHOOD = /
COMMERCIAL PROJECT ADJACENT TO LOTS D d E, BLOCK 71. CITY AND TOWNSITE OF FOUND ROUNDHEADS
ASPEN (ACCORDING TO THE 1959 OFFICIAL MAP OF THE CITY OF ASPEN) DESCRIBED N14`50'49'E 100.0' BACK CO 16 /
AS FOLLOWS: , CL ASPEN STREET NCRE7-
BASIS OF BEARINGS CURR
BEGINNING AT THE POINT OF INTERSECTION OF ASPEN TOWNSITE LINE 4 - 5 W�TER �
AND THE WEST LINE OF LOT K. BLOCK 71. CITY AND TOWNSITE OF ASPEN. PROJECTED ® VA
NORTHERLY; (SAID POINT OF BEGINNING BEING THE SOUTHWEST CORNER OF
THAT PARCEL OF LAND DESCRIBED IN BOOK 343 AT PAGE 5f8 OF THE PITKIN COUNTY
RECORDS.)
THENCE NI4 5O'49'E 37.98 FEET ALONG THE WESTERLY BOUNDARY OF SAID BOOK 343
AT PAGE 518;
THENCE N75'09'11'W $9.82 FEET -
THENCE S14 50'49'W 5.3 FEET TO THE SOUTHWESTERLY BOUNDARY OF SAID LOT 4;
THENC£ S43'08'33"W 70,.54 FEET ALONG SAID SOUTHWESTERLY BOUNDARY OF LOT 4;
TO THE WESTERLY BOUNDARY OF SAID BOOK 343 AT PAGE 518;
THENCE N 14"50'49'E 4.77 FEET ALONG THE WESTERLY BOUNDARY OF SAID BOOK 343
AT PAGE 518 TO THE P61NT OF.BEGIIVNING.
COUNTY OF PI TK I N CONTAINING 1:438 S0: FT. MORE OR LESS.
STATE OF COLORADO
i
ACCORD INI3 TO "COLORAVIO LAW YOU MUST COMMENCE ANY LEGAL ACTION
BASED UPI}N A14Y DEFECT IN THIS PLAT WITHIN THREE YEARS AFY.ER YOU.
FIRST .01ISCOV@RED SUCH DEFECT. tN NO EVENT. MAY ANY ACTION .BASED -
UPON: ANY DEFECT IN T1416 PLAT BE COMMENCED MORE THAN TEN YEARS
FROM THE DATE OF THE CERTIFlCA1NQN SHOWN HEREON,
SCALE
I INCH - 20 FEET
0 10 20 30 40
CERTIFICATION
CERTIFIED TO: SCOTT PAUL SUMNER
STEWART TITLE OF ASPEN. INC.
MONA J. FROST TRUST, FIRST NATIONAL BANK IN GRAND JUNCTION
1. DAVID W;y,McBRIDE. A REGISTERED LAND SURVEYOR IN THE STATE OF
COLORADO DO HEREBY CERTIFY THAT THIS SURVEY WAS FIELD SURVEYED
DURING APRIL 1995 d JAN 2002 ON THE GROUND OF THE PROPERTY
LEGALLY DESCRIBED HEREON. AND IS CORRECT BASED ON THE FIELD EVIDENCE
SHOWN AS FOUND HEREON. AND THAT THERE ARE NO DEISCREPANCIES.
CONFLICTS. SHORTAGES IN AREA. BOUNDARY LINE CONFLICTS. ENCROACHMENTS.
OVERLAPPING OF IMPROVEMENTS. EASEMENTS OR RIGHTS OF WAY IN FIELD
EVIDENCE OR KNOWN TO ME, EXCEPT AS HEREON SHOWN. UNDERGROUND UTILITIES
WITH NO VISIBLE APPURTENANCES AND DOCUMENTS OF RECORD NOT FURNISHED
TO THE SURVEYOR ARE EXCEPTED. THIS CERTIFICATION IS VOID UNLESS
WET STAMPED BY THE SEAL OF THE SURVEYOR.
SIGNED THIS DAY OF �O20ir2.lJD
DAVID Mc BRIDE RLS 16129 �•
PROPERTY IMPROVEMENT
SURVEY
PREPARED BY
ASPEN SURVEY ENGINEERS, INC.
210 S. GALENA STREET
P.O. BOX 2506
ASPEN. COLO. 81611
PHONE/FAX (970) 925-3816
JOB NO 25089C JAN. 10. 2002
•
2
0
Portion of 1880 Aspen Townsite Map
�+'yt
Mona Frost Trust -Property.
mot'-2�-" �_:, �' • '� .. •�.'. .-' ..' _= •'•' i
lot
71
��,�. .+4, y:•T-. It, ,i: .'i.. �,`,_�C' •c• 7�Ri �.{%�_ "� �~ i:... �., .:T' S '���'
Z��`+'�r. .. •'{ ie+' �f,�G�.•1,i,- :L?Ili�'�: h
..�:;.'.''•: i":' `�;:4- 't,.: •s. _ ".• :Ire
_ ' Gi .r•' ..f '•
yam. • R ":: • y
rw� W,• •.... Y�..� •• �' An.+n •Jii. J•nP!'r..•« '+iJ►t. .. � X.. ' i�• .. ,
j Y - '^{ ~,�- {�'�'�• •:w/.: •�. +1'J• mow. 7... •`Ruia�.�..• _ •^ '
f �y -. !{1.�. � �. s�n i ..��sa:,/ i't. a :w l'vti . . x:.ra s � • t � « �.! � ir+
�• }74*1!4•'r+~ t�LllBrrM ',1f3 1 j .•t..' `�'*t
'-wry : s". .,rt: .rii ...t.:� 't 'fit �+t. •s•. • 'ai..:'. •,yt'; •c, . J.. ' 1:_•:.�
Ct.. `_.iw '({t Y,. •'.ice • -.Y.'r •�1'
i`'• _ y: _ !� ..'' � � ,�4.' '.� ,.�.t`� .... � Y'•.; ,�', �p>i,el. �'�`�i�} � a. .ice a�'? �-�
.i �� :i... c �!'•• .. .�2 f: •'�. t•�r' _ ,�' a ..i,�,..- r.,r�,i•,,_
0.
"r J�`
' J ��xx'i,' �• u.- i{' � :.fit' y' .+:: � ,�. ]' '�'•� -r'!. �` - c�.
'�'%� ^. `".�+c'� ii+ fir.;• _ T A�'ri:' +1/! Ev
' �• ~� �3' s:�f
_c.,._ �.... Tom: . '" ..'`i`'`= : z�-, '. j ---- • � �:: -.• ... _ ..:;.:.:: �- �.: - � - ='.• �:'?�
u
•
3
r7
4 41`
- * % � P___ I ,
75
rl
.41
rT
lvo ON
i.cl Vv
lao
A - r(41z__Xle•
of -
IL
16 CaN
19
ILI,
4 lo
IV*
tj
ff
It-
14
15.
cl
cz;
10
74, L
•
•
0
0
M
QUIT CLAIM DEED
THIS DEED, Made this ,-),L day of J CA -k , 2001, between PUPPY
SMITH LLC, ("Grantor") Grantor and MONA J. FROST TRUST whose legal address is
c/o US Bank, 950 Seventeenth Street CNDT0615, Denver, Colorado (Attn: Lori J.
Hamilton, Trust Officer), ("Grantee").
WITNESSETH: Grantor, for and in consideration of the sum of Ten Dollars and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, -has remised, released, sold and QUITCLAIMED, and by these presents
does remise, release, sell and QUITCLAIM unto Grantee, its successors and assigns,
forever, all the right, title, interest, claim and demand which Grantor has in and to the
real property, together with improvements, if any, situate, lying and being in the County
of Pitkin and State of Colorado, described as follows:
See Exhibit "A" attached hereto and made a part hereof.
TO HAVE AND TO HOLD the same, together with all and singular the
appurtenances and privileges thereunto belonging or in anywise thereunto appertaining,
and all the estate, right, title, interest and claim whatsoever, of Grantor, either in law or
equity, to the only proper use, benefit and behoof of Grantee, its successors and assigns
forever. This conveyance is made subject to all zoning and land use laws, restrictions
and regulations and also subject to any and all property taxes, covenants, conditions,
restrictions, easements and rights of way of record.
IN WITNESS WHEREOF, Grantor has executed this Quit Claim Deed on the
date set forth above.
GRANTOR:
STATE OF COLORADO )
)ss:
COUNTY OF PITKIN )
The foregoing instruqient was ackn wl ged before me this �2 day
L} , 2001 by � �Y� �ti as Manager on behalf of Puppy
Sm/ith LLC, a Colorado limited liabilit mpany-/
Notary Public
EXHIBIT "A"
PUPPY SN= LLC/ MONA J. FROST TURST
LEGAL DESCRIPTION
A parcel of land being that portion of Lot 4, Trueman Neighborhood
Commercial Project adjacent to Lots D & E. Block 71, City and Townsite of Aspen
(according to the 1959 official map of the City of Aspen) described as follows:
Beginning at the point of intersection of Aspen Townsite
Line 4 - 5 and the West Line of Lot K, Block 71, City and
Townsite of Aspen, projected northerly (said point of
beginning being the Southwest Corner of that Parcel of Land
described in Book 343 at Page 518 of the Pitkin County
records);
Thence N14°50'49" E. 37.98 feet along the westerly boundary of
said Book 343 at Page 518;
Thence N75°09'11" W. 59.82 feet;
Thence S14°50'49" W. 5.35 feet to the southwesterly boundary of said
Lot 4;
Thence S43°08'33" W. 70.54 feet along said southwesterly boundary of
Lot 4 to the westerly boundary of Book 343 at Page 518.-
Thence N. 14°50'49" E. 4.77 feet along the westerly
boundary of Book 343 at Page 518 to the Point of
Beginning.
COUNTY OF PITKIN
STATE OF COLORADO
E
r:
��
-r/T. 1C`
AN ORDINAlY
NORTHERLY OF THE N A-TIT-EDUE': it
AND TQWNSITE OF ASPEN, COLORADQ,;.,a'2w �;l,' r„
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITYdpF ASF'
That all that portion of Aspen Street lying Northerly of the North
boundary of Hallam Street in the City and Township of Aspen, Colorado,
should be and it hereby is vacated.
:introduced, read and ordered published on this 3rd day of August,
A. D. 1953.
ATTEST:
�i �I •,/ •1Jil WN
Mayor
Finally passed, adopted and approved on the 7th day of December,
A. D. 1953.
ATTEST: —ZAZ,4�-�
ayor
ity Olerk,
STATE OF COLORADO, )
s s.
COUNTY OF PITKIN. )
I, ETHEL M. FROST, as City Clerk of the City of Aspen, Colorado,
do hereby certify that the above and foregoing Ordinance was introduced,
read in full and passed first reading at the regular meeting of the City
Council held August 3rd, 1953, and published in The Aspen Times, a
weekly newspaper of general circulation published at the City of Aspen,
Colorado, in its issue of October ijst, 1953, and was finally passed,
lai1"10 ILI!
tT
of the City of Aspen;"'Cg 'A
1953.
(SEAL)
•
0
1 4- ,
: 'I L 1-t
13
RECORD OF PROCEEDINGS 100 Leaves
'ORM 50 C. F. NOECNEL R. 01. S L. CO.
ORDINANCE NO. Z 9
(Series of 1978)
AN ORDINANCE VACATING THE ALLEY IN BLOCK 64,
ORIGINAL ASPEN TOWNSITE AND A PORTION OF THE
ALLEY IN BLOCK 71, ORIGINAL ASPEN TOWNSITE
WHEREAS, the public use, convenience and necessity
no longer requires the hereinafter described alley or portion
thereof,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Q o .. +- ; .-, ., 1
The alley lying within Block 64, Original Aspen Townsite,
shall be, and the same hereby is, vacated.
Section 2
That portion of the alley lying within Block 71, Original
Aspen Townsite, lying between the easterly line of vacated
Aspen Street and a line 20 feet westerly of and parallel to
the easterly line of Lot M (sometimes called Lot G), shall be,
and the same hereby is, vacated.
Section 3
If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, such
invalidity,shall not affect other provisions or applications
of the ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of
this ordinance are declared to be severable.
C--4- , -- n
A public hearing/ on the ordinance shall be held on
1978, at 5:00 P.II. in the
City Council Chambers, Aspen City Hall, Aspen, Colorado.
BRADFORD PUBLIBNIN6 CO., DENVER RECORD OF PROCEEDINGS
STATE OF COLORADO )
ss
COUNTY OF PITKIN )
CERTIFICATE
I, Kathryn S. Koch, City Clerk of Aspen, Colorado,
do hereby certify that the above and foregoing ordinance was
introduced, read in full, and passed on
reading at a regular meeting of the City Council of the
City of Aspen on QLC , 197 8, and published
in the Aspen Times a weekly newspaper of general circul-
ation, published in the City of Aspen, Colorado, in its
issue of �;t �� 197 -F, and was finally adopted
and.approved at a regular meeting of the Citv Council on
/ , 197 F, and ordered published as
Ordinance No.Series of 197 Y, of said City, as
provided by law.
IN WITNESS -WHEREOF, I have hereunto set my hand and
the seal of said City of Aspen, Colorado, this
day of Lc ��_,_ t 197 �.
SEAL
Kathyrn S. och, City Clerk
Deputy City Clerk
RECORD OF PROCEEDINGS 100 Leaves
FORM 50 C. F. MOECKEL B. B. B L. C].
A public hearing on the ordinance shall be held on
�. , 1978, at 5 : 00 P .:t. in the City
Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED published as provided by
law by the City Council of the City of Aspen, Colorado, at
its regular meeting held at the City of Aspen on the day
of July, 1978.
Stacy Standley III
Mayor
ATTEST:
Kathryn S. mooch
City Clerk_
FINALLY adopted, passed and approved on the -/ ay of
1978.
Sta Standley III
May r C37�'/
—
ATTEST:
Kathryn S :och
City Cler
-2-
Regular Meeting
aspen uiLy wuuc:ii
M
Begley said the deliverylWes they have committed to are 10 units NMmber 10th and 10
units December lat. Blue Bird refused to go along with Elder on a late penalty clause
or performance bond. The addendum says that Blue Bird will have the buses here. The
City has the recourse to sue for damages against Blue Bird if the buses are not here.
Begley said that the first few units are already being produced.
Mayor Standley said in going through the contract there are a lot of terminology regard-
ing specific performance on the part of the City and very generalized terms on the part
of Elder, Quinn and McGill. Mayor Standley said his concern was that the City would not
have the buses when needed. Councilman Parry pointed out that Elder is a good dealer;
the buses have stood up, and they have been very reliable. Councilman Behrendt said as
an alternative, Elder might be able to get together some temporary buses. Begley stated
it would be a disservice to offer used buses. Mayor Standley said the staff should keep
working on alternative. This is a severe economic decision of $1,000,000. Mayor Standley
said he wanted a contract with specific delivery dates. If Blue Bird doesn't deliver,
the City has the option to rescind the contract or bring a law suit for damages.
Councilman Parry moved to approve the bus agreement; seconded by Councilman Van Ness.
Councilmembers Parry, Wishart, Van Ness in favor; Councilmembers Isaac, Johnston, Behrendt
and Mayor Standley opposed. Motion NOT carried.
ORDINANCE #29, SERIES OF 1978 - Vacating Alleys in Block 64 and 71
City Engineer Ellis told Council this is part of a negotiation with the school district
for an underground project. The City needs an easement to go through their property to Ord. 29, 1978
connect with the switching station. Ellis presented a map to indicate the needed ease- Vacating Alleys
ments. When Aspen street was vacated, these alleys were not vacated although that was Blocks 64 and 71
probably the intent.
Councilman Wishart moved to read Ordinance *29, Series of 1978; seconded by Councilman
Wishart. All in favor, motion carried.
ORDINANCE #29
(Series of 1978)
AN ORDINANCE VACATING THE ALLEY IN BLOCK 64, ORIGINAL ASPEN TOWNSITE AND
A PORTION OF THE ALLEY IN BLOCK 71, ORIGINAL ASPEN TOWNSITE was read by
the city clerk
Councilman Behrendt moved to adopt Ordinance #29, Series of 1978, on first reading;
seconded by Councilman Parry. Roll call vote; Councilmembers Wishart, aye; Van Ness,
aye; Parry, aye; Isaac, aye; Behrendt, aye; Johnston, aye; Mayor Standley, aye. Motion
carried.
CITY ATTORNEY CONTRACT
Mayor Standley told Council this contract incorporated all the items and salary that
had been negotiated with Ron Stock.
Councilman Parry moved to approve the contract; seconded by Councilman Wishart. All in
favor, motion carried.
Councilman Isaac moved to adjourn at 9:00 p.m.; seconded by Councilman Van Ness. All
in favor, motion carried.
Kathryn . Koch, City Clerk
Special Meeting Aspen City Council July 31, 1978
Mayor Standley called the meeting to order at 5:25 PM with Councilmembers Behrendt,
Isaac, Van Ness, Johnston and Wishart present. Also present were Transportation
Director Harold Stalf and City Manager Mick Mahoney.
ORDINANCE #9, SERIES OF 1978 Refinancing Bond Issues
City Attorney
Contract
Mayor Standley opened the public hearing on Ordinance #9. He noted that Diones under- Ord, 9, 1978
lined the changes from the first reading. Diones noted a change in method for the Refinancing
County sales tax pledge. They hope to get an A rating as opposed to a BAA-1. Council- Bonds
woman Johnston asked the cost of this. Diones stated that the payments will end in 1992 .
and the total savings will be around $50,000. He noted that they will change the errors
in the action for final approval as prepared by the bond attorneys.
Mayor Standley closed the public hearing.
Councilwoman Johnston moved to read Ordinance #9, Series of 1978; seconded by Councilman
Behrendt. All in favor, motion carried.
ORDINANCE #9
(Series of 1978)
AN ORDINANCE AUTHORIZING THE ISSUANCE OF SALES TAX REFUNDING REVENUE
BONDS OF THE CITY FOR THE PURPOSE OF REFUNDING ALL PRESENTLY OUTSTANDING
SALES TAX REVENUE BONDS, IN ORDER TO MODIFY AND ELIMINATE CERTAIN RE-
STRICTIVE CONTRACTUAL LIMITATIONS APPERTAINING TO THE CITY'S SALES TAX
REVENUES AND TO SAID OUTSTANDING BONDS; PROVIDING THE FORM AND TERMS
OF SUCH REFUNDING BONDS; PROVIDING FOR THE DISPOSITION OF THE INCOME
AND REVENUE DERIVED FROM THE SALES TAXES OF THE CITY AND THE CITY'S
SHARE OF PITKIN COUNTY SALES TAXES; PRESCRIBING OTHER DETAILS CONCERNING
SUCH BONDS, SALES TAXES AND FUNDS PERTAINING THERETO; REPEALING ALL
Regular Meeting Aspen City Councii August 14, "1U
Mayor StdWey said the Council also wanted to addre'the question of appointment of a
member to a Council vacancy. Council wanted to come up with a Charter change to eliminate
�- Appt. to i. Council from being the deciding factor. The two alternatives are to always schedule a
Council special election for a Council vacancy, or to only let that person sit until the next
II general election. The risk with the second is the sequence would be off and it could be
5 and 2 at election, rather than the 4 and 4. Stock advised Council the Charter could be
V amended within the terms of the Constitution, which is the eldction cannot take place
less than 30 days after the ordinance becomes effective. Stock said this question could
be on the ballot in November if Council wished it.
Mayor Standley said Council ought to give Stock the direction they want to go on this
Charter change. Councilman Isaac said he felt the Council ought to have the power to
appoint someone, and be appointed until the next election, at which time they would be
elected to fill out the rest of the term. Mayor Standley said he did not feel Council
should be appointing anyone. Stock said the Council may submit two Charter amendments
dealing with the same section. The one with the most votes is adopted. Council decided
to wait with this question until the City election in May 1979.
Councilman Wishart said he would like to see the Council salaries increased. Mayor
Standley said Council can set salaries by ordinance; these do not apply to people
currently in office, only those re-elected or newly elected. Council reminded Stock
they also wanted the question about off-street parking to appear along with the mall
question on the November ballot.
ORDINANCE #21 SERIES OF 1978 - Droste Water Extension
Ord. 21, 1978; Mayor Standley opened the public hearing. Mayor Standley told Council that Droste, his
attorney, Stock and Lee Leavenworth had discussed the list of conditions and have come
Droste Water up with an agreement and addendum. Stock went over the addendum for Council. Mr. Droste
Extension wanted everyone to know he is selling his water rights to the City because the City needs
the water, not because he wanted to sell them. Also that the City approached Droste not
vice versa. There is a statement that the property described is not owned by Droste.
The second paragraph changes the water taps from 7-3/4 to 6; the agreement talks about
6 taps in the subdivision or if all else fails, 2, and if that fails, 1.
On page 2 Section 3(i)(2) it states the last single tap is unrestricted. Page 4 states
the 6 or 2 taps will be limited to irrigation of no,more than 2,000 P g square feet of lawn,
etc. No use to be made for irrigation at times when receiving untreated water. The City
may limit them to times of use. Stock told Council this is an acceptable price and is
not less than market price. This is now an unconditional sale. The lease of water back
has not been limited to 15 years. Droste has to use his taps within 15 years. Mayor
Standley closed the public hearing.
i
Councilman Parry moved to read Ordinance #21, Series of 1978; seconded by Councilman
Isaac. All in favor, motion carried.
ORDINANCE #21
(Series of 1978)
AN ORDINANCE EXTENDING THE MUNICIPAL WATER UTILITY TRANSMISSION LINES
BEYOND CITY BOUNDARIES was read by the city clerk
Councilwoman Johnston moved to adopt Ordinance #21, Series of 1978; seconded by Council
man Wishart. Roll call vote Councilman Wishart, aye; Van Ness, aye; Isaac, aye; Parry,
aye; Johnston, aye; Mayor Standley, aye. Motion carried.
Councilwoman Johnston moved to approve the addendum to the Droste Water Agreement;
seconded by Councilman Isaac. All in favor, motion carried.
ORDINANCE #28, SERIES OF 1978 - Ratifying Bus Agreement with Elder, Quinn & McGill
Ord. 28, 1978'' Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed
Ratifying Busthe public hearing.
Agreement/
F1dor, Quinn Councilman Isaac moved to read Ordinance #28, Series of 1978; seconded by Councilman Van
Ness. A11 in favor, motion carried.
ORDINANCE #28
(Series of 1978)
AN ORDINANCE RATIFYING A CERTAIN LEASE OPTION AGREEMENT BETWEEN THE CITY OF
ASPEN AND ELDER/QUINN & McGILL, INC., PROVIDING FOR THE INSTALLMENT PURCHASE
BY THE CITY OF TWENTY BLUE BIRD BUSES OVER A PERIOD SIXTY MONTHS WITH
QUARTERLY PAYMENTS OF $52,000 EACH, ALL AS MORE SPECIFICALLY PROVIDED
HEREIN was read by the city clerk
Councilman Wishart moved to adopt Ordinance #28, Series of 1978, on second reading; j
seconded by Councilman Isaac. Roll call vote; Councilmembers Johnston, aye; Parry, aye;
Isaac, aye; Van Ness, aye; Wishart, aye; Mayor Standley, aye. Motion carried.
ORDINANCE #29, SERIES OF 1978 - Vacating Alleys in Block 64 and 71
I Ord. 29, 1978
Vaca plMayor Standley opened the public hearing. There were no comments. Mayor Standley closed
t;,g ley the public hearing.
Blks 64, 71
Councilman Isaac moved to read Ordinance #29, Series of 1978; seconded by Councilman Van
Ness. All in favor, motion carried.
,
1 I
i
' J
y negular meeting
Aspen city uouncrl
3t 14, IVId
ORDINANCE #29 1
(Series of 1978)
-�
AN ORDINANCE VACATING THE ALLEY IN BLOCK 64, ORIGINAL ASPEN TOWNSITE AND A �
PORTION OF THE ALLEY IN BLOCK 71, ORIGINAL ASPEN TOWNSITE was read by the city
clerk
I s
u
Councilman Isaac moved to adopt Ordinance #29, Series of 1978, on second reading; seconded
by Councilman Van Ness. Roll call vote; Councilmembers Johnston, aye; Wishart, aye; Isaac,
aye; Van Ness, aye; Parry, aye; Mayor Standley, aye. Motion carried.
CITY MANAGER
1, Aspen One Property. City Manager Mahoney told Council the staff has recommended that
Council, as owners of property near the golf course, proceed with rezoning as outlined
in Karen Smith's memorandum of July 27, 1978. The net result of this sale would be that Aspen One
the City would get the Aspen One property from the funds after the rezoning and sale of Property
the golf course property. Mayor Standley asked if Mahoney had discussed this with Aspen
One. Mahoney said they are agreeable. They will have .an appraisal done to establish
the value of the Aspen One property, and there will be an appraisal of the golf course
lots. The City will have to come up with the difference in price.
Ms. Smith presented three choice of lots along the golf course property, lots 6, 12, or
13. Ms. Smith said the engineering department has said that lot 6 is very much a part
of the golf course. Everything surrounding the golf course, other than these lots, is
R-15. Stock said on the question of subdivision and can the City seel those two lots
without subdivision approval, the answer is yes. The joint ownership of lots that merge .
is only in the original townsite of Aspen. Since these were previously subdivided as
separate lots, they need not be subdivided again to be sold off.
Councilman Van Ness moved to authorize City Manager Mahoney to get going on the process of
getting property rezoned and negotiations going with Aspen One; seconded by Councilman
Parry. All in favor, motion carried.
2. Request to Use Rubey Park. Mahoney told Council this is a request to locate the
Denver Arts Van in Rubey Park. This is sponsored by the library and will be in the park-
Request to
ing area. Councilwoman Johnston suggested using the end of Mill street so that this van
use Rubey
does not take parking spaces aware from Rubey park. Also more people will see it if it
Park
is located there.
Councilman Wishart moved to give the library permission to do this; seconded by Council-
woman Johnston. All in favor, motion carried.
I
I<'
I
f 3. Maroon Creek Pro osal. Mahoney said Council has been discussing water rights and
budget sessions, an he has been advised that the City better address this Maroon Creek
hydraulic study, which will cost $8700. Stock re-emphasized comments from the budget
Maroon Creek
session that this is important. The Council must budget funds to build the dam and to
Water proposal
take assertive steps immediately.
Hydro -electric
Ms. Butterbaugh told Council the funds would come from the water department and this would
have to be a supplemental appropriation for this year. Councilman Isaac asked if there
was a chance to get money back from the federal government. Mayor Standley said there
was a chance the project would be built with federal money, but there would be none for
planning. Jenifer Carr told Council some of the money will go to Sheaffer & Roland for
the data and the permits. The planning money will address the feasibility of the Maroon
Creek hydroelectric generation. One of the majorbo uses is that in addition to the
resolution of hydroelectric generation, the City will get a comprehensive management plan'
for Aspen. This will address convention sources, as well as wind generation, thermal,
solar, etc.
j Councilwoman Johnston moved that the Council proceed with the appropriation of the funding
j from water and entering into the contracts; seconded by Councilman Isaac. All in favor,
motion carried.
j
f 4. Bus Depot Relocation. Mayor Standley told Council that the Trailways people have to
i
relocate. The planning office has been looking around trying to find places in Aspen
i
without much success. One of the big problems is the zoning. A representative of
Bus Depot
Trailways said they looked at a location on Mill street, which was out of the question.
Relocation
The area�at Lift 1 is too much utilized in the ski season. The Trailways people said
I
they heard Aspen was thinking about a transportation facility, which was going to be at
i
the airport.
Ms. Smith explained to Council that the only locations in the County would have to go
through special review for the use, and this would take 2 to 3 months. The only immediate
solution were in the City. Ms. Smith said she considered the transportation facility the
best location in the future; this will take time. Council discussed locations in the
City of temporarily on the Rio Grande, at the new post office site, the Hotel Jerome.
Mayor Standley pointed out this is not the problem of the City. Trailways has known
they would have to move for the last year. Trailways told Council there only alternative
is to close down the facility in Aspen•. They will run a bus into Aspen, but they need a
I j
place to unload passengers. The package and express will be dropped off in Basalt.
' The old or new Sears building was also suggested. Council told Mahoney that if he could
be of any help to Trailways in locating a spot fine. Otherwise, Trailways will have to
wait for a special review in the County.
5. Newspaper Vending. H. J. Stalf presented Council with a list of 15 location that are
recommended for newspaper racks on the City's right-of-way. There will still be some on
Newspaper
private property. The Denver Post will order and install the new modular racks. Mayor
racks/vending !
Standley pointed out that some of these are too close to others and can be eliminated.
I
0
•
0 •
%1o0Pe9 QUIT -CLAIM DEED
THIS DE rt-de tnis 21st d+y of April, 1853, betwoen MAGNIFICO CORPORATION, & Colorado c p-
cration. of • Cottnty of Pitk:n, and Stata of Colorado, of the first part, and RONAL ILYE ilEliT
�OHP.. an I111 Ss corporntion, of the County •.,f Cook, and State of Illinois, of the set id part,
NITNF.SSET�!. T t .he -aid party of the first pnrt, rnr and in nnn,%JAAr•atiOn or t.ho a of e.n
do:lars (410.00) a ithar good and valuable considerations, to t:.o said party d' th first part
In hand paid by sal arty of the second part, recnipt whereof Is hereby confessed nd acknow-
1edRed;,hpn remised, r e,,sed, sold, conveyed and Quit -Claimed, and uy the�s pro n.� does remise
raleaa•. +oil. convey a moult -Claim unto the said party of ttie second ,.art, i - sts ssrors and
assigns, forever, all the lght. title, intsrest, cloia .end demand which t: a sill p:.:ty of t„e
first part hr:a in and to th followin;; described lots, situate, lying an,' ing In the County of
PiLkin, and St to of Colorado to-wttr
Lots "O" and "'e in Block E1 ty-eigra (AB). 1n Lne City end Townsit of Aap,.n, tngethnr with
any and all lr.pt'�vements there
TO HAVE AND .O Hui.D the sA-a, \thealth all and sinrular t.n e!,purcenanees sad privileges
thereunto belonging or In anywisenn:.;,ertnlninp, and Al .ne egtvte, rignt, titls, In-
terest and clai^ whstso%-er, of trty of ten first rpr , A?t:lAe- !n 1pw or equity, to the
only proper use. bernflt n.,d beho9nid party of the econd ,�.rL, it:: successors and
assi.ns, forever.
IN :ITVES3 1YNF.iiEJF, the sail nnrty on th !rat Hart caused its ^orpo,ate se%1 tr. be har3-
...^.CO 9fflzed, erd C+,J9dd ?La R9B9 to !`n Ai run to t.•.wep nrovwrr}.! nv its Pw.,otAAnt, :;.^.d atte3tCd
oy its Se ^�*�^yr the r?av and rear' first nh�ve t h.
MAvNIFICO CON -NATION,
s Coior9r^ corpor•nt-on
(Corporate Seal) Er wi1E by Arthur C. Hn_- ies
rF ns idea
:'_ ITEST: Wlilisr. 'AaldnerrMO DOIIINTANY SfALYS Itt lihi�. S E Secreta
ry
STA.e F 11.LIHCIb )
i. Tnoaas _. Pringle, a Notur rualSc i:: ar.a fur sell (ou:.ty, In tea St+.te ..faresald, do nPre-I
by cCrtify t:at Aril'.^.uh hri0 ns, ,ersengli cnoa, to sc to to the 9a'_dont of ±+M'Jvlr'ICv C R!-
0RAT7(1R, a :+19 rAd, eQrnnrnt nn per! tan.. SC ratary.
of said Cnrporatinr., and snnnllc :cn,%n a to :e the -sa:.e cersons a Vso n,.res^nra•s.hs,rit�ed
to the !'oreF•*nr- Instruct t, Ao:aered cefore re tn! day in person one sev e.ly acknor.:ed7ed
that as such President ,nd Se^_ret,try trey c::*ned, aesled nlr. do''`,ered tnr !d +nstrumer.t es
eresident and Secret y of sa!d -or or at ion, -nd _ ae i tr•-. Z,,rnnr to Seal of a!i Corp or
t�
oe affixed tneret� purauaat to gancr±ty r!von op ,.e hoard of :lr^.:`oar of act, orhoration, asI
tr,a:r fr-a and : u::tary •ct., -_n: no t•.ft fr•,a anal v,!•.r, r..`ry act cna 1e.•: r,' sold ri, .: st'• v,l
Ln.c naAw ,nA 01 Pose!) • n.+ I� 9.:. Curt
.ilc.i and zy he I and Fnt,jr!aI Sesi. t..ts 21.t dnr of April, A, D. 1:•:3. \{�rr•i.1r , race L 1
>n b. Pr!.nrie
:ic
:.a' i-L 1
0100504 D 8 E D
TRIS DYO, Made this thirteenth day of J•r±y it the year of n,:r I.nrrl .,,,A n!ae hinri, a3 *nd
fifty th•.A.r hwtw.nr TFF A -apt nc grx*rtrrnM rc .¢Fag ccannr ri_TR-CT 01 (Re) of the County of Pit
kin, State of Colorado, act!re by wad thro:zh its President, duly directed to rake this conv•yac0
of the first part and T°'F CiTY ^'? ASPEN, CP THE C":TY OF PITTIN AND 3TnTE ('F COLCRAW, of the
s000nd part. iilT'?SSETP, That the party of the first part, for and in cons'd,)ratlor. of the covens
hereinafter eontainad, has re-.!sed, re':sa,ed, conveyed and quit -claimed, and by these presents do
sasaisa, release, esnvey and quit-clain unto the said party of the second part, Its successors and
assigns, forever, all the rI✓ire Litie and `merest w:1cn the p.,-ty ,f the first part has In and
to the following deseribed lot or parcel or land. situate, lying and being- In the County of Fitkli
and State of Colorado, to -wit= eoo.Th. zest twonty 19n% ft, or r.r,t K X,,.stt+"p" 1", W t .. iot 1 ,
of Block 71, City and Tnrn"1tn nr.A",An °==�
To aAVIR 'Wn T(, 1pnLD, th,t ,."-r, ts'"t:er with s!'_ a• ••, .1,17 'r^ to ar• .^t_:.an-Z-2 ::d F"iti'i:oocc
Oberemto tolonying or in anyw:,e tner•unt: apper, e.'nSnr, arts al the estate. r!:ht, title. Int-
•reat and claims whatsoever of the sold party of the fi. ►t part, either it .aw or equity. to tt.e
only proper use, berA*f!t and tehoof of the said party of ti-p ice-::c Fart, it+ successors and &sat,
pas forever.
Ibis deed is exseuted and de:iverac in consideration of, and in aec,)raance with, the terns of
an aRre~nt wt•Ar-b7 the party -f the :oc p ur t o: reoa tL oc.n:ej t., Li., party of the flrsi part
ttrt part of AsFen Street rnnn!..g rwrthsrly fr:n Act:: _T Strost to t�ia City lest, in the said
City of Aspen for the purpose ni e-xlstructI" add!tlonal school bulld!r.gs thereon and for no ftw""*
IN ?lids 91b)W1 The said party of the Prat part has caused this eanre;anea to be •xeeuted.
Ww day sad year first above written, by and throutt, the prealdenL thoroof. duly dtrooted to oak•
this • for or.4 on behalf of Tit►: N^ARD o► k'01CATION of ASTIR SCHOOL DISTRICT /1 (roorgaol,
ssyl • ty of Titkln, state or
Tee board of fd•Aostion of Aspen School Dintrlst
town /1 (reoreanised) of the County of Pitkin and slat
SEAL of Colorado.
by Robert C, 1.0Kls�
w+�' rTiTd—inT
T"WWsosrotary
WW seem • Aspsw soft"I DisLrist
1rs••o •t tti• Coany or 116kin, $Sot•* or Colorado.
bbltli Ol!OOL 40 W
SPAM or 1111950 VW fo►eAloing ln-:rsAMt was MkmWlodRod befsr• Me this I)WL,
K m A.D. 1 �. 1ry M►ort 4 .ls, Jr. -a ►room"t or tho bmwd of s�wauon of kves
i now*$ A rb 11tiron Go , Oo K ' y di>f sus M •am,Abe •sir• someaoa,.• on bomir •
8411 beard.
AOT� MAL
1q(. :ty OsrwlatlM •splro• 1� AqR. 11
•
.
7
L-
0 •
E�7
LEGAL DESCRIPTION
LOTS A THROUGH I AND LOTS K THROUGH S. TOGETHER WITH AND INCLUDING C' r.Q0- hrN 2 �j A CERTAIN STRIP OF LAND AS AN ALLEY EXTENDING THROUGH OR BETWEEN ASPEN ARTS A N D RECREATION
SAID LOTS. BLOCK 64. CITY AND TOWNSITE OF ASPEN CENTER
LOTS E. F. G AND FRACTIONAL LOTS A. B, AND C. BLOCK 71. CITY AND a
TOWNSITE OF ASPEN J J TOGETHER WITH THE VACATED PORTIONS OF NORTH ASPEN STREET AND THE -)L.-)L.-7 ' I P. v . D , PLAN
ALLEY OF BLOCK 71 LYING ADJACENT TO THE ABOVE DESCRIBED PARCELS
OF LAND. CITY AND TOWNSITE OF ASPEN
COUNTY OF PITKIN, STATE OF COLORADO PER P. U. D. AGREEMENT RECORDED IN K,0K PAGE .
\ REBAR NO CAP ( �� G(VEh lNsr, rUTE
BOLE l /�4 OF PAT/�OB/OCOGY
/ FOUND
1976 BLM BRASS
(� ROUGH // /%/ CAP ASPEN TOWNSIT
/'_ _ a /RO�y !� ( . CORNER NO, 5
l FENCING
SCALE I INCH - 20 FEET
\ / \O
l'
SWGRA>.
. �< ELF O \_.."".e„,,, ,y '18,0 10 20 30Cr)
CN4/ LINK `P4 VFO DUA NOTE: AREA BETWEEN
G 3g /6 FiG��Jp� :..
13 F N /N L/C TRAIL & FENCE TO BE / ON
ANDSCAPPER ORD. 22, � ,
!4 �R4/L ED P2`Bi
1993 PROPERTY OWNER & APPL I C/
tt,^� 16
F
XFMR (� CITY OF ASPEN
/g 20 / �� �/ ELE¢�MTRs 4w 3 '\ 130 S. GALENA ST .
0
N � � as ANHO ASPEN. COLORADO 8161
o ?2 M
-24
1 o i C 3
?7 / hu 25' SEWER EASEMENT
.28 \ ^� BOOK I Q2 AT PAGE 251
/ 30 "..
33
4 34 / \
/ LOT 4 TRUEMAN NEIGHBORHOOD
COMMERCIAL PROJECT
0
GENERAL PUBLIC UTILITY EASEMENTTRASH s
GRANTED TO THE CITY OF ASPEN n
OA^q �/ \ J STORAGE / / eea BY BOOK 359 AT PAGE 900 OsA
V
ENtRy 1,
r
AREA TRAIL
ORD /' 6- "D ° ry ?Z• as• / �e. �. �/ CONNECTION
29 _ ig
g / / BRICK SCHOOL
/ 7•t' \
/ / ➢'' ZON I NG PUBL/i C �n y-
"� - ( �s
/ l n l � \
rs
/ / STAIR wECC / / ENiRy el J• / �� H
fo
BARN
� � �/ � c
4
c1rY Mon. Q.
HORZ. CNTL. / l l I l et N a / \ /� / ., VA
99:1 / / \0 vQ rED ORE)
2.s• �
A
IRE HYDRANT
/ O 0 00.
a
C�CRFTE
v
h
�G p
/ O h
/ o
T5,3p, r ?4. / PARCEL EXCEPTED IN TITLE
T COMMITMENT SEE BK 177 PG 606
j r(( o / O.C.D. TO THE CITY OF ASPEN
o •I
LAND USE TABLE LLB M
A. MINIMUM DISTANCE BETWEEN BUILDINGS: FRONT SETBACK IS REDUCED
R. MAXIMUM 10 FEET 1 e{(1�TO 4 FOOT AROUND EXISTING 6g
C. MAXIMUM FRONTTYARD:10 NG FEET(EXCEPT4 FT. BYGYM ENTRY)
ISET ENTRY AS SHOWN
D. MINIMUM REAR YARD: 15 FEET
E. MINIMUM SIDE YARD: 5 FEET
F. MINIMUM LOT WIDTH: 60 FEET
G. MINIMUM LOT AREA: 6.000 SO.FT.
H. TRASH ACCESS AREA: SEE ABOVE
I. INTERNAL FLOOR AREA RATIO 0.75:1
J. MINIMUM PERCENT OPEN SPACE: NO REOUIREMENT
K. OFFSTREET PARKING SPACES: 35 SPACES
EXISTING BUILDING SIZES
ORIGINAL BRICK SCHOOL 14.000 SO.FT.
CLASSROOM ADDN 11.240 30 FT
GYM.BSMT.OFF. ADDN. 10.560 SO.FT.
TOTAL SIZE 35.800 SO.FT.
VICINITY MAP
179
.f6.
Arm
CITY COUNCIL APPROVAL
THIS ASPEN ART5 AND RECREATION CENTER P.U.D. PLAN WAS REVIEWED AND
PPROVED FOR RECORDI RY THE CITY COUNCIL OF THE CITY OF ASPEN THI5
Q_ DAY OF k"M._ 1993 BY ORDINANCE NUMBER �RECORDED IN
BOOK AT PAGE Of THE PITKIN COUNTY RECORDS.
SIGNED THI5 DAY OF .._ 1993
ATTEST: _
MAYOR CITY CLERK
PLANNING AND ZONING APPROVAL
THIS ASPEN ARTS AND RECREATION CENTER P.U.D. PLAN WAS REVIEWED
AND APPROVED FOR RECORDING BY THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION THIS ]-3___ DAY OF y 993 BY RESOLUTION NUMBER/A —
SIGNED THIS DAY OF .. : 1993.
CHAIRMAN
CITY ENGINEER'S APPROVAL
THIS ASPEN ARTS AND RECREATION CENTER D PLAN WAS REVIEWED
AND APPROVED FOR RECORDING BY THE 611P71 �T�'�w4EN ENGINEERING
DEPARTMENT
/THI5 904n-DAY OF C ,yy 4
CITY ENGINEER "s
wO ai e
� ND`�"�\����0
I CITY PLANNING -DI f, „ !, APPROVAL
THIS ASPEN ARTS AND RECREATION CENTER P.U.D. PLAN WAS REVIEWED
AND APEROVED FOR R`DING BY THE CITY OF ASPEN PLANNING DIRECTOR
THI DAY OF 1993.
PLA ING DIRECTOR
SURVEYORS CERTIFICATE
THE UNDERSIGNEI' STATES THAT THE PROPERTY DESCRIBED HEREON WAS FIELD
SURVEYED DURIN, FEB. 23 THROUGH 26. 1993 AND 15 ACCURATE BASED ON THE
FIELD EVIDEN AS SHOWN. AND THAT THERE ARE NO DISCREPANCIES OF RECORD
BOUNDARY LINE ONFLICTS. ENCROACHMENTS. EASEMENTS OR RIGHTS OF WAY IN
FIELD EVIDEN( :,R KNOWN TO ME. EXCEPT AS HEREON SHOWN OR AS NOTED.
UNDERGROUND UTILITIES WITH NO ABOVEGROUND APPURTENANCES. AND DOCUMENTS
OF RECORD NOT SUPPLIED TO THE SURVEYOR ARE EXCEPTED. THIS SURVEY IS
VOID UNLESS WET STAMPED WITH THE SEAL OF THE SURVEYOR BELOW. ALL
EASEMENTS SHOWN IN STEWART TITLE OF ASPEN. INC. TITLE COMMITMENT
ORDER NUMBER,- 8339C4 AND DATED ARE SHOWN HEREON
AND SURVEY I` PERFORMED IN ACCORDANCE WITH CBS 1973. TITLE 38.
ARTICLE 51 NMENDE.D FROM TIME TO TIME.
' 1993
DAY OF ..,. �.
SIGNED THIS _a1Tl_.
DAVID W. MCRRIDt
RLS 16129
CLERK Al':"" RECORDER ' S ACCEPTANCE
THIS ASPEN ARTS AND RECREATION CENTER REZONING MAP WAS ACCEPTED FOR
RECORDING IN THE OFFICE OF THE CLERK AND,�R,�E,,yC,,Q�RDE�j OF PITKIN COUNTY
AT 10;00'CLOCK A—M. THIS _Irk DAY OF _1-9-0-W1993 IN P
BOOK ?)Ie AT PAGE -" AS RECEPTION NUMBER
IAk pi mkf-
CLERK AND RECORDER
�ZOAJ►'�
CORRESPONDING PUD AGREEMENT FILED IN BOOK AT PAGE __
?S
�,F LEGEND AND NOTES
•• FOUND SURVEY MONUMENT • 5 REBAR WITH NO CAP OR AS NOTED
`r.A.
COR 38 BASIS OF BEARINGS FOUND ROUNDHEADS CL OF ASPEN STREET N14*50'40-E
ATA (WEST AS SHOWN
6.6')
(S25•W 2 TO 4 FEET OF SNOW AND ICE COVERED PROPERTY AT TIME OF SURVEY
30.36'1
SE GLIDDEN LEGAL DESCRIPTION IN TITLE COMMITMENT DOES NOT INCLUDE VACATED
HOUSE ASPEN STREET OR ANY PORTION OF THE ALLEY IN BLOCK 71.
1959 OFFICIAL MAP OF THE CITY OF ASPEN WAS USED FOR PROPERTY
LOCATIONS. BOTH ASPEN STREET AND FRANCIS STREET ARE NOTED
ON THIS MAP AS BEING VACATED AS SHOWN.
1960 BLM SURVEY AND RESURVEY OF ASPEN TOWNSITE WAS USED IN
IN DETERMINING THE LOCATION OF ASPEN TOWNSITE LINE 4-5. CORNER 5
FOUND DOES NOT CONFORM TO THE BLM FIELD NOTES AND CORNER NO.38 IS
OBLITERATED AND ITS LOCATION WAS DETERMINED WITH THE REFERENCE
TIE TO THE SOUTHEAST CORNER OF THE GLIDDEN HOUSE.
0 SET PROPERTY CORNER NO. 4 REBAR WITH RED PLA. CAP. -ASEI 16129-
A SET P-K NAIL SURVEY CONTROL POINT
SURVEY PRECISION IS GREATER THAN 1:10.000
1 PARKING SPACE AS NUMBERED 9x18
W
a
P
FOUND ROUNDHEADS �o yy
N14.50'49'E I00.0' MACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION V.
CL ASPEN STREET BASED UPON ANY DEFECT IN THIS PLAT WITHIN THREE YEARS AFTER YOU = BASIS OF BEARINGS NE COB BLK 72
FIRST DISCOVERED SUCH DEFECT. IN NO EVENT. MAY ANY ACTION BASED CITY MONUMENT
UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS
PREPARED BY
ASPEN SURVEY ENGINEERS, INC.
210 S. GALENA STREET
P.O. BOX 2506
ASPEN. COLO. $1611
PHONE/FAX (303) 925-3816
REV 6-21-1993
JE�H 23049P FEB 27 11993
0
•
•
•
•
F
f
C
August 14, 2001
Thomas J. Todd, Esq.
Holland & Hart
600 East.Main St.
Aspen, CO 81611
Re: Mona Frost trust Property
THE CITY OF ASPEN
OFFICE OF THE CITY ATTORNEY
Dear Todd:
Please forgive the delay, in responding to your letter dated June 27, 2001. I sent copies
of your letter to other departments for their comments before responding and it took
them a little longer to get to this matter than expected.
After carefully reviewing your letter and City records, we have concluded that there
are two lots of record as you maintain.
We cannot, however, agree that access to the lot containing the historic barn is along
Lot G of Block 71.' Access to that lot can, and should, be through the front lot
adjoining Hallam Street. I don't understand the logic that would require Lot G to be
burdened by an access easement when access can be obtained through the front lot.
Before any development approvals are permitted on the back lot, the Community
Development Department will undoubtedly question your client about the quit claim
deed for the triangular piece apparently deeded by Puppy Smith, LLC, without any
subdivision approval.
130 SOUTH GALENA STREET • ASPEN, COLORADO 81611-1975 • PHONE 970.920.5055 • FAx 970.920.5119
Printed on Recyded Paper
0 0
Thomas J. Todd, Esq.
August 14, 2001
Page 2
If you have any questions, please give me a call.
Sincerely,
John P. Worcester
City Attorney
cc: Community Development Department
IPW-08/ 14/2001-GAjohn\word\letters\todd3.doc
DENVER - ASPEN
BOULDER - COLORADO SPRINGS
DENVER TECH CENTER
BILLINGS - BOISE
CHEYENNE - JACKSON HOLE
SALT LAKE CITY
VIA HAND DELIVERY
John Worcester, Esq.
City Attorney, City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Dear John:
HOLLAND & HARTLLP
ATTORNEYS AT LAW
600 EAST MAIN STREET TELEPHONE 1970) 925-3476
ASPEN, COLORADO 81611-1953 FACSIMILE 19701925-9367
June 27, 2001
FILE COPY
Re: Mona Frost Trust Property —Merger Issues and
Access through Red Brick School Property
Txowis J. TODD
ttoddQhollandhart. com
As a follow up to our previous meeting with Stan Clauson, I am writing to provide you
with additional information concerning the merger and access questions you raised.
I am enclosing a copy of a portion of the original 1880 City of Aspen Townsite Map with
the Mona Frost Trust property highlighted in yellow. As you will see, the original townsite map
shows the platted lots that comprise the Mona Frost property as being separated by the alleyway
for Block 71. As we have previously discussed, the Block 71 alley where it abuts these lots has
never been the subject of a vacation ordinance. It therefore still exists and is in the public domain.
The Mona Frost Trust does not own any interest in the alleyway for Block 71. The Mona Frost
Trust property therefore consists of two (2) separate, distinct parcels of land:
The southern (or "front") portion, consisting of Lots N and
O (shown as Lots H and I on the 1880 Townsite Map) of
Block 71 and,
2. The northern (or "rear") portion, consisting of Lots D and E
(shown as Lot D on the 1880 Townsite Map) of Block 71.
The triangular shaped northern or rear portion of the Mona Frost Trust property has been
the subject of a long-time adverse possession situation. The historic barn on this portion of the
property encroaches onto Lot 4 of the Trueman Commercial Project. Recently, a quit claim deed
for the tract of land subject to the adverse possession claim was obtained from Puppy Smith LLC,
the record owner of Lot 4 of the Trueman Neighborhood Commercial Project. The tract of land
involved in this adverse possession is 1,438 square feet in size. I enclose a copy of that quit claim
deed and a portion of a site survey showing this tract.
Section 26.480.020(2)(E) of the City of Aspen land use regulations deals with merger of
townsite lots. This section is quoted as follows:
•
9
John Worcester, Esq.
June 27, 2001
Page 2
HOLLAND & i TARTLLP
ATTORNEYS AT LAW
Aspen Townsite lots. If two (2) or more lots within the original
Aspen Townsite or additions thereto have continuous frontage and
are in single ownership (including husband and wife) on October
27, 1975, the lots shall be considered an undivided lot for the
purposes of this Title, and conveyance of any portion shall
constitute subdivision. An Aspen Townsite lot or addition thereto
includes all lands depicted on the Aspen incorporation plat of
record, dated 1880, plus any lot or parcel annexed to the city since
that time which constitutes a nonconforming lot of record, plus any
lot or parcel which has not received subdivision approval by the
City of Aspen or Pitkin County, but excludes any subdivided lot in
the City of Aspen which conforms to the requirements of this Title.
Pursuant to the regulation quoted above, Lots N and O of Block 71 have clearly merged
and so have Lots D and E, but there are no facts which exist which would support a merger of
these two separate portions of the Mona Frost Trust property into one. This is true regardless of
whether or not the surface of the Block 71 alleyway has ever been used. Based on the foregoing,
it is my client's position that the rear portion of the Mona Frost Trust property is a separate site
susceptible to re -development.
As outlined in the correspondence you and I exchanged in June and July of 1995, my
client is also of the position that it is entitled to separate legal access to serve northern or rear
portions of the property, and that this separate access should logically be along the 20-foot by
100-foot strip of land located on Lot G of Block 71, which is the easternmost portion of the Red
Brick School property. This is the same strip of land that was conveyed to the City of Aspen at
the time the westerly portion of the alley serving Block 71 was vacated in 1953.
We would very much appreciate your reviewing these materials and perhaps getting
together again for another meeting to discuss how best we can proceed to formalize these
understandings into a proposal for the City Council's review and consideration.
Thanks again for your time and attention to this matter.
Sincerely, /
ho a J. Todd
of Hand & Hart LLP
TJT: sm
Enclosures
cc: Lori Hamilton (w/encls.
Stan Clauson (w/encls.)
•
LJ
UIT CLAIM DEED
THIS DEED, Made this (J� day of J LL , 2001, between PUPPY
SMITH LLC, ("Grantor") Grantor and MONA J. FROST TRUST whose legal address is
c/o US Bank, 950 Seventeenth Street CNDT0615, Denver, Colorado (Attn: Lori J.
Hamilton, Trust Officer), ("Grantee").
WITNESSETH: Grantor, for and in consideration of the sum of Ten Dollars and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, -has remised, released, sold and QUITCLADvIED, and by these presents
does remise, release, sell and QUITCLAIM unto Grantee, its successors and assigns,
forever, all the right, title, interest, claim and demand which Grantor has in and to the
real property, together with improvements, if any, situate, lying and being in the County
of Pitkin and State of Colorado, described as follows:
See Exhibit "A" attached hereto and made a part hereof.
TO HAVE AND TO HOLD the same, together with all and singular the
appurtenances and privileges thereunto belonging or in anywise thereunto appertaining,
and all the estate, right, title, interest and claim whatsoever, of Grantor, either in law or
equity, to the only proper use, benefit and behoof of Grantee, its successors and assigns
forever. This conveyance is made subject to all zoning and land use laws, restrictions
and regulations and also subject to any and all property taxes, covenants, conditions,
restrictions, easements and rights of way of record.
IN WITNESS WHEREOF, Grantor has executed this Quit Claim Deed on the
date set forth above.
GRANTOR:
STATE OF COLORADO )
)ss:
COUNTY OF PITKIN )
LLC, a Colorado
The foregoing instru ent w s ackn wl� ged before me this - day
2001 by X / as Manager on behalf of Puppy
ith LLC, a Colorado limited liabilit mpany. e
Notary Public
f
00 'A s
may.
s•
pp Pl
�`` 5.332 S0. F7. SEE E^S9
EHi
J�
I
I
G.C.D.606
ro
T CIT`f of ASPE I
I I
I I
I I
F000 ROUNDHEADS w�'
ii N14'50STREE0
0 //T'
Bp's 5 B�,RINGS LA ST .� L T A M
l/ STReET
0 0
DENVER • ASPEN
BOULDER • COLORADO SPRINGS
DENVER TECH CENTER
BILLINGS • BOISE
CHEYENNE • JACKSON HOLE
SALT LAKE CITY • SANTA FE
John Worcester, Esq.
City Attorney, City of Aspen
130 South Galena Street
Aspen, Colorado 81611
HOLLAND & HART LLP
ATTORNEYS AT LAW
600 EAST MAIN STREET
ASPEN, COLORADO 81611-1953
May 9, 2001
FILE CC'°r
TELEPHONE )970) 925.3476
FACSIMILE (970) 925-9367
THOMAS J. ToDD
riodd@hollandhart.com
Re: The Mona Frost Trust Property —Access Over Red Brick School Property
Dear John:
I am writing to follow up on the correspondence we exchanged in the summer of
1995 concerning the above -referenced matter. I am enclosing copies of that correspondence
for your convenience.
The Mona Frost Trust has retained Stan Clauson & Associates to pursue the lot line
adjustment and rezoning approvals for the land the Trust acquired by adverse possession
from the Trueman Aspen Company (now Puppy Smith LLC). As part of Stan's work, we
will also be asking the City to acknowledge and permit the historic and continued use of the
20' x 100' strip of land on the Red Brick School property for access to the rear portion of the
Mona Frost Trust property.
Please review the enclosures and call me to discuss your thoughts for proceeding.
Sincerely,
homas J. odd
of Holland & Hart LLP
TJT: sm
Enclosures
cc: Lori Hamilton
Stan Clauson
0 •
HOLLAND & HART
ATTORNEYS AT LAW
DENVER
600 EAST MAIN STREET
TELEPHONE (303) 925-3476
DENVER TECH CENTER
ASPEN, COLORADO 81611.1953
FACSIMILE (303) 925-9367
COLORADO SPRINGS
ASPEN
BILLINGS
BOISE
NE
./,
JACKSO
ACKSON
SALT LAKE CITY
WASHINGTON, D.C.
THOMAS J. TODD
July 3, 1995
John P. Worcester, Esq.
City Attorney W.
City of Aspen OPY
130 South Galena Street A U C
Aspen, Colorado 81611
Re: Mona Frost Trust Property -- Access Across Lot G, Block 71
Dear John:
Thank you for your letter of June 30, 1995.
Following my letter of June 8, 1995, to Amy Amidon, we performed some additional
title research and reviewed the Aspen City Council minutes associated with the vacation of
North Aspen Street as well as the alley in Block 64 and Block 71.
Although it appears that the City Engineer's street and alley vacation map shows the
alley through Block 71 on the Frost property as being vacated, Pitkin County Title, Inc. has
not picked up any vacation ordinance which would extend to vacating the alley in this portion
of Block 71.
Enclosed is a copy of Ordinance No. 29, Series of ' 1978 which vacates all of the alley
within Block 64 and that portion of the alley in Block 71 located west of the 20' x 100' strip
of land in Lot G, Block 71.
Because that portion of the alley in Block 71 separating the north portion of the Frost
property from the south portion of the Frost property does not appear to have been vacated,
the north portion of the Frost property would appear to be landlocked if the 20' x 100' strip
of land is not recognized as a legal right of way.
Perhaps you, Amy Amidon and I can get together to discuss this matter before we go
to City Council for a formal easement request. I will call you later in the week to discuss a
time within which to meet.
Very truly yours,
Thomas J. Todd
for HOLLAND & HART
TJT/bb
Enclosure
cc: Mr. Derrick Robinson, Trustee
bcc: Joseph Krabacher, Esq.
•
0
73. 30 •
FOUND ROUNDHEADS
N14'50'49•E 100.0'
CL ASPEN STREET
DA313 OF BEARINGS
FRONT SETBACK IS REDUCED
TO 4 FOOT AROUND EXISTING
ENTRY AS SHOWN
BOOK _ AT PAGE AS RECEPTION NUM8ER _
,�. CLERK AND RECORDER
CORRESPONDING PUD AGREEMENT FILED IN BOOK _ AT PAGE
BARN
\' LEGEND AND NOTES
e •0 FOUND. SURVEY MONUMENT • 5 REBAR WITH NO CAP OR AS NOTED
:.P.
CO R 38 BASIS OF BEARINGS FOUND ROUNDHEAD3 CL OF ASPEN STREET NI
AiA WEST \ AS SHOWN
e.a•1
(3zs•W \
30.3e'1 �\\Z TO 4 FEET OF SNOW AND ICE COVERED PROPERTY A7 TIME OF
.3E GLIDDEN LEGAL DESCRIPTION IN TITLE COMMITMENT DOES NOT INCLUDE V, .
HOUSE ASP€N STREET OR ANY PORTION OF THE ALLEY IN BLOCK 71.
1959 oFfICIAL MAP OF THE CITY OF ASPEN WAS USED FOR PROPi
\� �LO�TWICATION(. BOTH ASPEN STREET AND FRANCI3 STREET ARE Nolt
Eastern edge of alley
UW-`MAP AS BEING VACATED AS SHOWN.
.`
vacation Ord. 29—%$, 1980 BLM SUR Y AND RESURVEY OF ASPEN TOWNSITE WAS USED
IN DETERMININGITHE LOCATION OF ASPEN TOWNSITE LINE 4-3.
F I I FOUND DOES NOT CONFORM TO THE BLM FIELD NOTES AND CORNER
/a OBLITERATED AND ITS LOCATION WAS DETERMINED WITH THE REF
F I o TIE TO THE SOUTHEAST\CORNER OF THE GLIDDEN HOUSE.
o '^
I � \
I
o a
o
SET PROPERTY CORNER N0, 4 EBAR WITH RED PLA. CAP. -ASEI
Io
PARCEL EXCEPTED IN TITLE
9
SET P-K NAIL SURVEY CONTROL P NT
COMMITMENT SEE SK 177 PG 606
I
I
O.C.D. TO THE CITY OF ASPEN
SURVEY PRECISION IS GREATER THAN I:I0.000
EN7kY
I
PARKING SPACE AS NUMBERED 9a18
`r
S
k4kK
•4e-
W
01
0 0
�M
r
ACCORDINS To CDIORADO LAW YOU w3i lOH/frICE ANY LEiAI ACTION
; n
&A ED WON ANY DEFECT IN THI, PLAT WITHIN THREE YEAR3 AFTER You
HE COR BLK 72
FIR3T D13CoYEA£D 3UCH DEFECT. IN NO EVENT. WY AM ACTION RASED
CITY MONUMENT
LOON ANY DEFECT IN TH13 PLAT It CO"NCED WRE THAII TEN YEM3
PREPARED BY
ASPEN SURVEY ENGINEERS.
210 3. GALENA STREET
P.O. BOX 2506
ASPEN. COLO. $1611
PHONE/FAX (3031 925-3616
REV 6-21-I
JOB NO 23049P FE8. 27,
0 0
AN ORDINANCE VACATING THE ALLEY IN BLOCK 64,
ORIGINAL ASPEN TOWNSITE AND A PORTION:, -OF THE
ALLEY IN BLOCK 71, ORIGINAL ASPEN TOWNSITE
WHEREAS, the public use, convenience and necessity
no longer requires the hereinafter described alley or portion
thereof,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
The alley lying within Block 64, Original Aspen Townsite,
shall be, and the same hereby is, vacated.
Section 2
That portion of the alley lying within Block 71, Original
Aspen Townsite, lying between the easterly line of vacated
Aspen Street and a line 20 feet westerly of and parallel to
the easterly line of Lot M (sometimes called Lot G), shall be,
and the same hereby is, vacated.
:section 3
If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications
of the ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of
this ordinance are declared to be severable.
A public hearing/ on the ordinance shall be held on
1978, at 5:00 P.Ii. in the
City Council Chambers, Aspen City Hall, Aspen, Colorado.
•
A public: hearing on the ordinance shall be held on
Zj1 1978, at 5:00 P.*t. -irl. the City
Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED published as provided by
law by the City Council of the City of Aspen, Colorado, at
its regular meeting held at the City of Aspen on the --rl� day
of July, 1978.
Stacy Standley III
Mayor
ATTEST:
Kathryn S. ;och
City Clerk_
FINALLY adopted, passed and approved on the -' -ay of
1978.
Stacty Standley III
May r
ATTEST:
Kathryn S _':och
City Cler
-2-
•
•
COUNTY OF PITKIN )
I, Kathryn S. Koch, City Clerk of�&;pen, Colorado,
do hereby certify that the above and foregoing ordinance was
introduced, read in full, and passed on
reading at a regular meeting of the City Council of the
City of Aspen on G_ec� , 197 �', and published
74
in the Aspen Times a weekly newspaper of general circul-
ation, published in the City of Aspens, Colorado, in its
issue of 197 U , and was finally adopted
and.approved at a regular meeting of the Citv Council on
197 �, and ordered published as
Ordinance No. �� , Series of 197of said City, as
provided by law.
IN WITNESS•WHEREOF, I have hereunto set my hand and
the seal of said City of Aspen, Colorado, thisY�'�'
day of cZL , 197
SEAL
lt��k L_� jeem-_
KAthyrn S. och, City Clerk
i
Deputy City Clerk j
•
0
June 30, 1995
Thomas J.-Todd, Esq.
Holland & Hart
600 East Main Street
Aspen, Colorado 81611
Re: Mona Frost property - Lot G,• Block 71
Dear Tom:
THE CITY OF ASPEN
OFFICE OF THE CITY ATTORNEY
This is in response to your letter to Amy Amidon dated June 8,,
1995, in which you request that the City acknowledge that the
current and future owners of the Frost property have the legal
right to access the property over and across a 20' x 100' strip
of land adjoining Lot G, Block 71, which is owned by'.the City.
As I understand your letter, the claim to a right of access is
premised on the fact that North Aspen Street between Block 64 and
Block 71 was vacated thereby improperly land -locking the land
upon which the historic garage is located. After personally
viewing the property, the vacation maps in the City Engineer's
office, and the documents submitted with your letter, I am of the
opinion that the parcel in question was not land -locked at the
time North Aspen,Street was vacated.
At the time North Aspen Street was vacated, the alley was not.
The alley was vacated by Ordinance No. 29 (Series of 1978). Upon
the vacation of the alley, title to the alley passed to the owner
of Lot G, Block 71. Access to the land in question was, and
continues to be, from East Hallam Street.
I don't know what the City's position would be if.a request was
made by the estate to purchase an easement over the 20' x 100'
strip of land. There are no current plans to change the use of
the driveway that serves the Red Brick building, but the grant of
a perpetual easement would require City Council approval.
130 SOUTH GALENA STREET a ASPEN, COLORAuo 81611 • PHONE 303.920.5055 a FAx 303.920.5119
Printed an wydel paper -
0
E
If you -have any questions regarding the above, please give me a
call.
Sincerely,
J ?hnP. Worcester
City Attorney
JPW/mc.
jw630.3
cc: Amy Amidon
DENVER • ASPEN
BOULDER • COLORADO SPRINGS
DENVER TECH CENTER
BILLINGS • BOISE
CHEYENNE • 1ACKSON HOLE
SALT LAKE CITY
WASHINGTON, D.C.
HAND DELIVERED
Ms. Amy Amidon
Historic Preservation Officer
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Dear Amy:
HOLLAND & HART
ATTORNEYS AT LAW
600 EAST MAIN STREET
ASPEN, COLORADO 81611.1953
FILE COM
TELEPHONE (303) 925-3476
FACSIMILE (303) 925-9367
THoms J. TODD
June 8, 1995 FILE
Re: Lot G. Block 71, City and Townsite of Aspen
Holland & Hart represents the Mona Frost Trust, the owner of Lots D and E in Block
71 and Lots N and O (also known as H and I) in Block 71 in the Townsite and City of
Aspen, also known as 216 East Hallam Street- in Aspen.
As we discussed the other day, I am writing you to provide a history of the access
serving this property. Since the background facts have some legal connotations, I am also
sending a copy of this letter to City Attorney John Worcester.
The Frost property is located directly east of and adjacent to a 20-foot wide and 100-
foot long strip of land in Lot G, Block 71, which is a part of what is now commonly known
as the Red Brick School property.
Enclosed is a location map showing the Frost property and the 20' x 100' strip of
land in Lot G, Block 71. Also enclosed is a photograph of the gravel access drive located on
this 20' x 100' strip of land.
The Frost family has owned the Frost property for many decades. The structures on
the property have been historically designated. The Frosts have accessed the carport on the
north side of their residence and the barn on the north side of their property by means of the
20' x 100' strip of land in Lot G.
The 20' x 100' strip of land in Lot G has, to our knowledge, not been dedicated as a
public street or right of way. Our title research indicates that the Aspen School District
conveyed this strip of land to the City of Aspen in 1953, the same year that the City of
Aspen vacated the North Aspen Street right of way between Block 64 and Block 71. The
vacation of North Aspen Street between Block 64 and Block 71 would have resulted in the
north portion of the Frost property (the area north of the alley) being landlocked, as we
believe the platted public access to the northern portion of the Frost property was first
through North Aspen Street then over and across the Block 71 alley.
• 0
HOLLAND & HART
ATTORNEYS AT LAW
Ms. Amy Amidon
June 8, 1995
Page 2
Under Colorado law in effect in 1953, a roadway could not be vacated so as to leave
any land adjoining the roadway without an established road or easement connecting this land
with another established public road. The same is true today. Enclosed are copies of the
current vacation statute as well as the 1953 version. In 1978, the alleys in Block 64 and
Block 71 were vacated by Ordinance 29-1978.
Also enclosed with this letter is a copy of an Improvement Survey of the Frost
property, a copy of a survey of the Red Brick School property in Block 64 Block 71 showing
the 20' x 100'. strip of land in Block G, and a copy of the 1953 Quit Claim Deed from the
School District to the City of Aspen conveying the 20' x 100' strip of land.
The Frost property is on the market for sale. Our client believes that the historic
access through the 20' x 100' strip of land which has served the property will be important
for the marketing, sale and redevelopment of the property. Having the 20' x 100' strip of
land serve as access will hopefully eliminate the need for the historic structures on the
property to be moved or relocated. Based on the foregoing, we request that the City of
Aspen acknowledge that the current and future owners of the Frost property have the legal
right to access the property over and across the 20' x 100' strip of land.
After you review these materials, please call me to set a time to meet during which
we may discuss a resolution of this matter. Thank you for your attention.
Very truly yours,
Thomas . Todd
for HOLLAND & HART
TJT/sm
Enclosure
cc: Mr. Derrick Robinson, Trustee
Mr. Bill Stirling
John Worcester, Esq. (w/copies of location map and statutes and photograph)
0 •
..14L�,,, ,-
;�'' t
9. rJ
3.0 ! 4 6
'tt��fi`ri`EA�I��Crven llnsl Jule
;1.'�r .�,�zl :i; t 305002 %.
► `fin. `. ,'�t j; ;' /. �� s P o s i
.`� '�•1!'. 71 l i+••`�'iJ.r.}!f. J „, , ,.k,. ��:.;, .i \.� ` ' I'.. -t �r... ..
Ic
FFF J/ •�`
jIk,; (r ► t r: f r r �:
5 2 00 4
t
d ➢313•j05choo l
c r i c ,1.
I;• :;, 1 �•�:):�'fu S �� ' ,Otx100' Frost
'� r 14002i
r =..� .,; I , ;�� . �`�•_ cess
U 1` j,-l: f �T. 3 1 4 0 50
31� _
r 1 l..46003
j;4-i 4 31.0 0 's ► f E e i j / i' ,' >d c r tt
0.1
1+ F s•,•,?I•,;<i,•. 11cg•ua f150.0 j `'filet od16.10Chur h _ -)
it t ,.F,'!: �:.ik i'41;: t . ,
�.:r �h! ! 316005
r' �';M ,•/ �r� ' �Wa1,+�••�`
'� �� � �y'• ��{ '" `'u ➢4� 0-8e0s11 �! j)f l' j ''��.;F K `S t --�•- _ _ l
/41 'i' 4 3 2 08� 10 r s c n,a g c
i s l
.f. :.��, i�r.,CI Y�.-�:♦'1,; '•�' ... "'/ter ) ._ ' .... •�
8004- 320,00240
F
j % _.�•
�.'k' •1r:r % ` _320003 37 z ! j't
Ij
j 7�`..'.i;n1j ••"`'i.�E(1. :�:.�--_ J = t; _ 320006. I 320008
t /
to
v I l �R LfVEC �
• � PLC ��
Q 1 /
O �4,1 40
Qj
Vq4 y "L
AC,
O � oRo �jcla
O z•f.
Q l � �• 2g-�8 h
fnrrR
O
I /
O / 0 00•
10
A
O
?4•2• PARCEL EXCEPTED IN
COMMITMENT SEE BK
Q.C.D. TO THE CITY
FRONT SETBACK IS REDUCED `► a
TO 4 FOOT AROUND EXISTING cO�yc 69.
ENTRY AS SHOWN
w'kK
179
—_.46.
_ADS
100.0*
z-ET
ZINGS
ACCORDING TO COLORADO LAZY YOU MU3T COMMENCE ANY LEGAL ACTION
BASED UPON ANY DEFECT IN TH13 PLAT WITHIN THREE YEARS AFTER YOU
GIPAT niarnvcncn ncccrr ,u .... tutu+ ..... ..... „-r,,,,, NE
0 0
L / — 9ecretnry
STA H OF 1!.LINOi�
I. Thomas b. Pr:nale, a Nut,r' ruplic !c ar.a for sail �pu..ty, In tnt- 5:,:te cfcreeald, do npr+-
by certify else Acf1'rGn h10 S,:ben•:li c^.oc to ne: to ::e the +!Sdont of l.AG:iIrICO "RP -
by w C:n In Teen:. rnt•nnpnt nno.•r! TTT.' _ ,: v, �, _T7 P'.7� ..: '7.. _, 1� __ •.- ••_ ♦•.. CCO-aCr-'
of said Cnrporatln,., and 53nally :ca;wr a to :e :'In sa.e zersnns a.^so n%mea ere scbs,rlc•ed
to the fore�o!r.� inatn:rr tt, no:asred efore re tri day in rc son and sew ^�cly aeknaFledzed
tsst as au::i, President end Serret,,r tr.e; ��, lee:�i nr.r: de::^erect ter !d �nstrumar.t as
Yrealder.t ar.d 3acret .y �f .sect --or or.r.S^•n, ^a �•:se,i Tn" ;:nrnnr to Seal of e!d Corporation to
oe affixed cn�r_to pursuant to ..�t:,^r'ty :•ran o: � �osrd -. !r^•-•orr of aa. Zorporatlon, as
tnelr fr-e and -u;:tc�y cc. _.,. t ^r,I and v,: ,t�'r. act �e�•. sa1
trc uswe ^ten +, Doses •,.,+.T. .� d rl rs2' fir
3IlcH ur.d �y as d and t7nt•;ricl^-.e•a dFv of April, A. D. o
acT, rOUAL
tre. rder
/100504 - D'9 E D - - - - — - - --
THIS DMM, )lade this thirteenth day of J•rtc it the year of n,:r I.nrA nr,w t.n ,-%ni acre h-mvira3•m
f1ftT th•.w.r. t,wtw!en ?FF R-AKI nc r.y.cper 5CFOO DISTRICT ¢1 (Pa) ^f the Cot;r 03 P11
ids, State of Colorado, acting bf anal thrj:.Thlts President, duly directed to rake this conveyucv
Of the first part and T!i? CITY n? ;5ogr,, CF T."! CCC'Tf OF PITZIN AND STATE OF COLORADO, of the
seooad Part, U'1T'S3SSBT!i, That the party of the first part, for and in consid)rutton of the coven
Ltreinafter contained, has re-lsed, re:va=ed, oonve7ed send quit -claimed. and by these presents do
sepia&, release, aorney and snit -Clain pinto the said party of the second part, its successors anc
aaslQta, tore7er, 612 the r:v'116 i,1Lie and '.ntereat alien the "s-ty of the first part has in and
to the following dascrf Wd lot or parcel of land. situate, lying and being in the County of Pick!
nub State of Colorado, to -wits " "Tho Sant twenty (Pn! rt. or 1.nt f. a..etlwrw known as sot C.
of 31oek 71, City end Tnrnsltw nf.Awrwn,�°=° •
TO 1WAv6 Alm TO R111.A, the sar.9 tooat-r_r u_th Oil a,+d birVr:— hhs apr•irre;•a•;,•s c:v prSvi:sgas
tbsrwtasto belonging or in snywS,e tnerounto arperta!ninr, and all the estate, r!vht. title. Int-
•r'est and claim whatsoever of the sa,d party of the first part, either tr. law or equity. to the
only proper use, berafit and behoof of the said party of tho sec�nc part. its suceessurs and &sal
Ss'forever.
MU flood is oxeeuted and delivered in consideration of, and in accordance with, the terns of
as asr earnt wharob= the party ^f the second part c„rsos to oonvey to Use party of the firma part
that part of Aspen Street ranr:l.,g rwrtherly fr:= Ral,ma Street to the City iiatta In the sold
01ty of Aspen for the purpose o1 c:natrueting additional school buildings thereon and for no otba
IN WN•
TlfiS t F The said Tarty of the first part has caused this conveyance to be executed,
cis dq and year first above written, by and through the president thereof, duly dlreetsd to make
Ulf for &r.4 on behalf of T►M RCARD OF UDUCATION OF ASFEI! SCHOOL DIS.BICT fl (roorsaul
sMl • ty of Pitkin, Stag of Caiornds.
��� Tab board of Sduostlon of Aspen School Dlatrlet
/I (reorganized) of the County of rltklp and stat
SEAL of Colorado.
Ste.• by, Robert O. Loewe Jt'.. M.D.
Sosrotert •
Nears •. —T Aspon Asho•1 Olstrlst
sra-ptt!•d •t tie Qnwtp of Mtkin• State of Calonda.
!!S!: O/TOOLOiM
p
m OF rigor
OO so was e•biotll•dRsd bohr• so dicta 13tie
dd J47 A.D. 1 IMM"1 4'.say Jr. %s Weeld"S of the 16"d at X40btlaw or �s
iisNlat /3`S•) fltWe Ov;a'�a oo t 41me d to make *old •oN•,eau.e on behalf •
10UPAL
rusaw
R$ ild" ,M Wglre• 13 &We IVA
construct highways
ridge is to be constm,
.ny county highway;
rized to undertake!(
;half or to let conti
also authorized to r
ract price involved,'
of high:
nt for the construe
s or bridges withini
whatever work is, ni
l in such contracts]
d in all cases prefer
yin the contract is' li
hours worked 'ori"t
regulations. Insofa
;n shall be paid sudV
the state industrial
f hours of such eml
,iinimum rates of ,wi
[3, § 67. i
vertise for bids.—Ii
to let out any woi
►st of which shall.el
proposals for perfor
published in the col
no newspaper publi
ed, the board of',cc
ty court house, the'
said county, such al
before the said con
to be done, its loa
'-*Plans and specifica
i the lowest respor
y and all bids proff
I in sections 120-1-
id, emergency road:
ermine.
43, § 68.
!mployment.—Only
s being carried on_
13, § 69.
!0-1-11 to 120-1--1
ny person, firm, pal
[way" shall includ(
ir"ay, avenue, ro,
I as such; and the'.
surrounded by st
platted as a block),
<<
S89 COUNTY HIGHWAYS 120-1-13
120-1-12. Vesting of title upon vacation. —Whenever any roadway has
been designated on the plat of any tract of land, or has been conveyed to
or acquired by, a county oricorporated town or city, or by the state or by
any of its political subdivisions, for use as a roadway, and shall thereafter
be vacated, title to the lands included within such roadway or so much
thereof as may be vacated shall vest, subject to the same encumbrances,
liens, limitations, restrictions and estates as the land to which it accrues,
as follows:
��1) In the event that a roadway which constitutes the •or boundar
:of a subdivision or other tract of land is vacated, title-%�oadway
SEE vest in the owners of the land abutting the vacated roadway to the
same extent that the land included within the roadway, at the time the
roadway was acquired for public use, was a part of the subdivided land or
':Ras a part of the adjacent land..
(2) In the event that less than the entire width of a roadway is vacated,
-title to the vacated portion shall vest in the owners of the land abutting
`such vacated portion.
(3) In the event that a roadway bounded by straight lines is vacated,
,title to the -vacated roadway shall vest in the owners of the abutting land,
"each abutting owner taking to the center of the roadway, except as provided
%in subsections (1) and (2) of this section. In the event that the boundary
:lines of abutting lands do not intersect said roadway at a right angle, the
¢land included within such roadway shall vest as provided in subsection (4)
of this section.
(4) In all instances not specifically provided for, title to the vacated
'roadway shall vest in the owners of the abutting land, each abutting owner
�taldng that portion of the vacated roadway to which his land, or any part
thereof, is nearest in proximity.
(5) No portion of a roadway upon vacation shall accrue to an abutting
Source: L. 49, p. 620, § 2; CSA, C. 143, § 69 (2) .
120-1-13. Methods of vacation.—(1) All right, title, or interest of a
inty, or of an incorporated town or city, or of the state or of any of its
[itical subdivisions, in and to any roadway shall be divested upon vaca-
n of such roadway by any of the following methods:
(a) The city council or other similar authority of a city or town by
finance may vacate any roadway or part thereof located within the cor-
rate.limits of said city or town, subject to the provisions of the charter
such municipal corporation and the constitution and statutes of the
Ite of Colorado.
(b) The board of county commissioners of any county may vacate any
adway, or any part thereof, located entirely within said county, provided
ch roadway is not within the limits of any city or town.
If such roadway constitutes the boundary line between two counties,
ch roadway or any part thereof may be vacated only by the joint action
the boards of county commissioners of both counties.
If said roadway constitutes the boundary line of a city or town, it may
=vacated only by joint action of the board of county commissioners of
''county and the duly constituted authority of the city or town. No road-
lY:-or any part thereof, constituting the boundary line between two
unties or constituting the boundary line. of a city or town may be vacated
Zept b
Y point action.
r(2) No roadway, or part thereof, shall be vacated so as to leave any
ad adjoining said roadway without an established public road connecting
Id land with another established public road.
I
•
•
120-1-14 ROADS AND HIGHWAYS 39()w.[si�
STAB
(3) In the event of vacation under subsection (1) of this section, rights
of way or easements may be reserved for the continued use of existing,..,
tionGof the county treas:
sewer, gas, water or similar pipe lines and appurtenances and for ditches"..
}uwnt retirement fun.
_ „.at.`si`Source:
or canals and appurtenances, and for electric, telephone, and similar lines
L. 47, P. 7.
and appurtenances. :;
(4) . Any written instrument of vacation or a resubdivision plat, '-"i
P , pur
;
„emu 120-1-19. Moneys a
,�j
porting to vacate or relocate roadways or portions thereof, which has
t Such fund the county
_ja
re remained or shall have remainedofrecord in the counties where the road
�e to said fund any
1 amity for highway
ways affected are situated fora period of seven ears, shall be rime fade xt�
evidence of an effective vacation of such former roadways. This subsection
pu
5 ` motional revenues as t
Z
shall not apply during the pendency of an action commenced prior to the
from the count
expiration of said seven year period to set aside, modify or annul the vacs_ _
4;�pneand revenues s
tion, or when the vacation has been set aside, modified or annulled by proper,
} olat e for the prima:
order or decree of a competent court, and such notice of pendency of action `,�
or a certified copy of such decree has been recorded in the recorder's office
^! � standing and unpaid co,
ante with the provi
of the county where the property is located. �'
,1 ,
� Source : L. 47, P. 7,
r
Source: L. 49, p. 621, § 3 ; CSA, C. 143, § 69 (3) .t'1
,ice
t
1204-20. Warrants -
120-1-14. Limitation of actions. —Any limitation established by sec`
tions 120-1-11 to 120-1-14 shall apply to causes of action which have ''`
loners of such coun.
�,hesboard, any highway
ac
trued prior to the time they become effective, as well as to all'causes of '<?.
i.
Prtsef or it h he
- my itself or with the
,
action accruing hereafter. The right to institute an action shall not be
barred by reason of the limitations prescribed in said sections until the '{ 'k
with or without fedr
"'re
expiration of six months from the effective date thereof. Sections 120-1-11
of such cost, to sur
r �tr: resolution of the boas
to 120-1-14 shall not be construed as reviving any action or limitation h
barred by any former or other statute.
-
^ich amount as may
--
e;.same, said warrants
Source: L. 49, p. 622, § 4 ; CSA, C. 143, § 69 (4) .
by him offered for p
rrants outstandi.
120-1-15. Cattle guards —specifications. —The board of county commis—,
; it -of . all property of s:
x�.
sioners of a county shall have authority to establish cattle guards on high_
rrants shall run for a
ways at the expense of the* county, or to permit the owners of land adjoin s %ear a rate of intere:
ing a county highway to establish cattle on highways, the
guards at expense ,`Source:
L. 47, P. 75,
of the landowners. All such cattle guards shall be established according to -,
` .T4.....
fixed specifications and design and under the supervision of the board of '.1-21.
County trey
county commissioners. =. _
�*- unty shall be the fiscal.
Source: L. 41, p. 652, § 1; CSA, C. 143, § 154.
;anticipation warrant
' .
warrants therefrom
120-1-16. Sections applicable only to county highways. —The provisions
unty commissioners
itations provided i
of sections 120-1-15 to 120-1-17 shall onlyapply to the establishment of
PP Y
cattle guards on highways designated as county highways. ,�,
- Source: L. 47 , p. 75(
Source: L. 41, p. 652, § 2 ; CSA, C. 143, § 155.
0—I=22. Sections su;
' pilemental and in additi
120-1-17. Not deemed an obstruction. —Cattle guards permitted and X r ti`tute or otherwise g!
established under the provisions of sections 120-1-15 to 120-1-17 shall not`,,:,..,
be deemed to constitute an obstruction of the highway under the provi-
•
sions of section 120-4-1. �.. _ , P• ,
Source: L. 41 652 3 • CSA C. 143 156. $' •
. �� , '� �ti-;-.-:.: •
120-1-18. County highway anticipation warrant retirement fund. —
State
Whenever the county commissioners of any county within the territorial:'
limits of which there is or may be developed a producing oil or gas fields � Editor's note: By LaN
shall deem it necessary to anticipate its road revenues in whole or in part- . tinent, the highway 1
for the construction, making or repairing of public roads, bridges or high-_? _ ?a`$lid their functions
way structures within the territorial limits of such county, they may by;_ article.
an order entered of record create and establish a fund under the administra'`
,at oss reference: For
43-2-303
Transportation
'! Am. Jur.2d. See 39 Am. Jur.2d, Highways,
Streets, and Bridges. § § 142, 184, 185.
C.J.S. See 39A C.J.S., Highways, § 137.
By the dedication under section 31-1-108, the
original owner divests himself of the power of
disposition of the property and vests the city
with this legal power. Buell v. Sears, Roebuck
& Co., 205 F. Supp. 865 (D. Colo. 1962),
y i
modified,321 F.2d 468 (1 Oth Cir. 1963).
!.
This section vests complete legal title. This
i
section operates to vest in the adjoining owner
not only the title which initially passed to the
city and county but the complete legal title to
L.;
both surface and subsurface rights to vacated
c�
„I
roadway. Buell v. Sears, Roebuck & Co., 321
F.2d 468 (1 Oth Cir. 1963).
!I
Nb
Section does not deprive dedicator of prop-
erty unconstitutionally. One dedicating high-
ways to the public by filing plats showing high-
(,
ways located thereon is not unconstitutionally
deprived of its property by this section which
i±
provides that upon vacation of the highway
the title shall vest in the abutting owner. Buell
v. Sears, Roebuck & Co., 205 F. Supp. 865 (D.
Colo. 1962), modified, 321 F.2d 468 (loth
Cir. 1963).
L
Dedicator is on notice. A dedicator, even
though not immediately divested of subsur-
I,
face rights, is on notice at the time of dedica-
tion that if a portion of the dedicated street
j�
should be vacated by the city and county
unconditional title would vest in the adjoining
owner. Buell v. Sears, Roebuck & Co., 321
F.2d 468 (I Oth Cir. 1963).
Vacating resolution is final on enactment,
and cannot be rescinded if the rights of third
908
909
parties have vested. Sutphin v. Mourning, 642
P.2d 34 (Colo. App. 1981); LeSatz v,
Deshotels, 757 P.2d 1090 (Colo. App. 1988).
Recording deed after vacation conveys lots
only and not vacated street. Since in legal effect
there was no deed outstanding, the recording
of the original deed after the street vacation
served to convey only the lots and not a por-
tion of the already vacated street. Sky Harbor,
Inc. v. Jenner, 164 Colo. 470, 435 P.2d 894
(1968).
Subsection (1) (a) of this section clearly con-
templates the vacation of the entire roadway.
Buell v. Sears, Roebuck & Co., 205 F. Supp,
865 (D. Colo. 1962), modified, 321 F.2d 468
(1 Oth Cir. 1963).
While subsection (1) (b) of this section was
designed to cover the vacation of less than the
entire width of a highway. Buell v. Sears,
Roebuck & Co., 205 F. Supp. 865 (D. Colo.
1962), modified, 321 F. 2d 468 (loth Cir.
1963).
Subsection (1) (d) prevents disjointed tracts.
Subsection (1) (d) of this section would appear
to carry out the policy of the general assembly
to prevent the creation of any disjointed
tracts. In all situations the vacated roadway
vests in the owners of abutting land. Buell v.
Sears, Roebuck & Co., 205 F. Supp. 865 (D.
Colo. 1962), modified, 321 F.2d 468 (loth
Cir. 1963).
Subsection (1) (e) of this section expresses a
clear intent to exclude an unvaeated highway as
an abutting owner. Buell v. Sears, Roebuck &
Co., 205 F. Supp. 865 (D. Colo. 1962), modi.
fied, 321 F.2d 468 (1 Oth Cir. 1963).
yl 43-2-303. Methods of vacation. (1) All right, title, or interest of a county, _
of an incorporated town or city, or of the state or of any of its political
subdivisions in and to any roadway shall be divested upon vacation of such
roadway by any of the following methods:
(a) The city council or other similar authority of a city or town by ordi-
nance may vacate any roadway or part thereof located within the corporate
limits of said city or town, subject to the provisions of the charter of such
municipal corporation and the constitution and statutes of the state of Colo-
rado.
(b) The board of county commissioners of any county may vacate any
roadway or any part thereof located entirely within said county if such road-
way is not within the limits of any city or town.
(c) if such roadway constitutes the boundary line between two counties,
such roadway or any part thereof may be vacated only by the joint ,action
of the boards of county commissioners of both counties.
(d) If said roadway constitutes the boundary line of a city or town, it
may be vacated only by joint action of the board of county commissioners
of the county and the duly constituted authority of the city or town.
(2) (a) No platted or deeded roadway or part thereof or unplatted or -
! undefined roadway which exists by right of usage shall be vacated so as to
X"
art,.
leave any land ad
or private -access
public road.
(b) If any roat
such roadway sha
approved by the b
ten days prior to
to vacate a count
shall mail a notict-
owner who owns
notice shall indict:
and shall indicatt
presented at the m
(c) If any road
such street shall
approved by the g
(d) If any roar
shall not be vaca
approved by the
(11).
(e) Paragraph:
any roadway thal
after such establis
(f) If any roaL
abandoning such
of section 43-1-2('
(3) In the eve!
way or easement:
gas, water, or sin
appurtenances, a
nances.
(4) Any writtt
to vacate or relo,
in the counties w
years shall be pr
roadways. This
action commenc
aside, modify, of
modified, or am
L such notice of r
been recorded it
r located.
Source: L. 49.
1963, § 120-14-:
amended, L. 93.
Editor's note: As t
lance, compare Crai
123 Colo. 69, 225 P.'
909 State, County, and Municipal Highways 43-2-303
leave any land adjoining said roadway without an established public road
or private -access easement connecting said land with another established
public road.
(b) If any roadway has been established as a county road at any time,
such roadway shall not be vacated by any method other than a resolution
approved by the board of county commissioners of the county. No later than
A ten days prior to any county commissioner meeting at which a' resolution
to vacate a county roadway is to be presented, the county commissioners
shall mail a notice by first-class mail to the last -known address of each land-
owner who owns one acre or more of land adjacent to the roadway. Such
notice shall indicate the time and place of the county commissioner meeting
and shall indicate that a resolution to vacate the county roadway will be
presented at the meeting.
(c) If any roadway has been established as a municipal street at any time,
such street shall not be vacated by any method other than an ordinance
approved by the governing body of the municipality.
(d) If any roadway has been established as a state highway, such roadway
a..shall not be vacated or abandoned by any method other than a resolution
`approved by the transportation commission pursuant to section 43-1-106
(11).
(e) Paragraphs (b), (c), and (d) of this subsection (2) shall not apply to
any roadway that has been established but has not been used as a roadway
after such establishment.
' (f) If any roadway is vacated or abandoned, the documents vacating or
abandoning such roadway shall be recorded pursuant to the requirements
of section 43-1-202.7.
(3) In the event of vacation under subsection (1) of this section, rights-of-
11;een
ay or easements may be reserved for the continued use of existing sewer,
as, water, or similar pipelines and appurtenances, for ditches or canals and
ppurtenances, and for electric, telephone, and similar lines and appurte-
ances.
(4) Any written instrument of vacation or a resubdivision plat purporting
o vacate or relocate roadways or portions thereof which remains of record
n the counties where the roadways affected are situated for a period of seven
years shall be prima facie evidence of an effective vacation of such former
roadways. This subsection (4) shall not apply during the pendency of an
action commenced prior to the expiration of said seven-year period to set
aside, modify, or annul the vacation or when the vacation has been set aside,
odified, or annulled by proper order or decree of a competent court and
such notice of pendency of action or a certified copy of such decree has
recorded in the recorder's office of the county where the property is
Source: L. 49, P. 621, § 3; CSA, C. 143, § 69(3); CRS 53, 120-1-13; C.R.S.
963, § 120-14-3; (2) amended, L. 88, p. 1122, § 2, effective April 20; (2)
mended, L. 93, p. 615, § 2, effective April 30.
Editor's note: As to vacation by nonuser following admitted statutory dedication and acccp-
►nce, compare Crane v. Beck, 133 Colo. 325, 295 P.2d 222 (1956) and Uhl v. McEndaffer,
23 Colo. 69.225 P?d 839 (1950).
11-
H
10
�7777_77
40
Ar
MEMORIZE
0
Oki a
w 0
cl cx
U)
Pi
Z co
2. t
v Iv r- 1-7 r :;p 07 -0 A� V, I 'I%
io WOO coo
• Ulm-
I- •k4. 1 6 . x Z x
•u 0 0 0
tic 0*0
Al
ho ca
OLO
v , "
0.0 r
. ................. 0. 4 ,
_".04 . ....... A 0 u
Of
. ........ cl)
4 . .....
. ...........
CC
MONO
............... ..... m I!.!! _- .. t-\--
'Air ------
OAA/
................. cc
Z z
z w
lVC-4
Cole a
..... . . .. 0. cj
CIO
imp
le*V
0 im w .j
00 0
6C�� 0-0A
COR. 0
J
OKAO"ONIN
�Qlry V
AtWW4, WL4WtAm
*too*
MILL 57 W;
6m ca 4,
Ir
A'bPe.N,, CoLoprAVO '4
too rr dill
M-000 Pt-AIN
4IIIIP
lwml�r> FIWM V9
Vew 0
.-col
ki
Wu eLZ^N, COW
ALCQ
�;�rA
Cog 0-
I`* I c 7
> -
N, 1
0�3 • COR. 0-240
1. 1 Ill , p"Ph."I �/
Y I 0,L_fttvN
AU
4
Cop 0-2-1
li*- IT J74I
TOW:
0WvwlAW
ITT 100,2.005 W c
V4 C KlK*7sWyt
Iw 76-1
CNI 'mow;, . ( �,r/'' w? U A
5_FZlQll_I
Q L
_TKI Cc AAANAPi4PI
10•
i...r =
ofWr_K Lttqr-
Kom H.JOHK5c"
cog
SCALE 1 60'
so 0 so ISO
11
--
l:Jv
...
..: •. Jui l 1978
5c 7R
-d'cloakP.............ilrne Itreordc•.r.�.
riv3P_'.IIeer.a..
ltecrplien *o................t' I .................. .......... _...........................................
.„
3
Tim
Df•mn,'Made this 31st day of Octabe; 1977
between 77XIIS R. TRUENAN
of Le
County of and Stnte of Colorado, of the fir: t pnrt, and
SUSP-1111a E. Reyno.16s
whonelcgaluddc:;sic 222 E. Hallam, P.sper
of the I County of Pit:kin and Slate of
Colorado, of the necond part:
rEP A.a P-111n
R'i. NJ-'SEJ:TIT, Tl,nt the rald p trt of the first part, for and in consideration of the sou of
TLN ($10.00) Dollars and other valuable consideration
to the said parlY of the first part in timid paid by said part v of Ute second part, the receipt whereof is
hrroby et ^csacd unit ncl nowlyd,^,e 1, hn S (.rnnlNl, hargained. sold and cmrvcyed. and by these. presents do c
grunt, hargain, sell, convey And confirm, unto Ute said pnrt.Y of the second tart, herl.cin and assigns for-
ever, all the following described lot or parcel of land, situate, lying and being in the
County of Pitkin and State of Colorado, towit:
A PARCEL OJI' LAND rEINC. P. PART OF LOT 4 OF TIIE TRUEMAN
NEIGIMORI1001) COIdb'iEItCIAL PROJECT P.S SAID LOT 4.IS S11OWN
IN PLAT DOOJ: 5 AT PAGE£ 70 TIMOUGE 75 IN TPE RECORDS OF
PITK1N COUNTY. :'AID 1'PI?CL:L IS MORE 1'ULLY DESCRI13ID AS FOLLOWF:
DXGINi1I11c3 AT TIiEI MOST SOUTHERLY CORNER OF SAID LOT 4;
TIEVICJ.; 1•I 43" 08' 33" W 70.76 FIiEl', MORE 03Z LFSS,
PLOW, '.I'IIE SOUTI11 J:Li'IV.RT•Y DOUNDARY OF SAID LOT 4 TO
Tl L I:N -01S.RCTION OP THE ]''L'ST LINr OF LOT K, rLOCK 71,
CITY OF ASPL'N, 1'ROJECTLI) NORTIiT:,I?LY;
pFi1:?1C ]'. PO1',T,OI::CIIC :'A7:Il P101:'I'I'J:11LY 1°J:OJ1?C'1'IOT3
N 14" 50' 49" E 94.42 FEET , MORE OR LRSS, TO A POINT
ON T1:1 NORTI:EPI.,v P011NDARY OF FAID LOT 4;. cols t t^ • other. - : i deg
TOGETHER with all and singular the heredWonenia and nppurtemuices t'herelo Lelonging, or in Any-tvise
appertainbir, and the reversion and reversionn, remainder and remainders, rents, issues and profits (hereof, and all
the ealnte, right, title, Interest, claim and drnumd wh:ctso<•vrr of the Bald parLY of the first pan, either in law
or equity, of, iu and to the above bargained prentisen, with tho hereditanients slid appartrn:weer..
. TO HAVE AND TO HOLD the said prendses nbove barl;ninrd And deserilled with the appurlcnn Ices, unto the
said part )' of the second part, hor heirs and n•shpia forever. And the said part v of the first part.
for him self , hi:hcirs, executnrs, and administrators, do es covenant, grant, b:rrr•ain, and arose to and
with the said party of the second pnrt,llCr h,.irs nsd aneigns, thnt nt the time of the enxraliul; and delivery.
of these prerenen, i S well sci-icd of the preinkm shove rnnvcyr,l, ns of good, sure, perfect, absolute and
indefrnalble entate of inhedtnnce, in law, in fee maple, and )in „ good right, full p(swer and lawful authority
In grunt, bargain, sell And convey lhmm
o sae in inOner and formanuforas;dd, rind that the witne Are free And clear
front All formor and other grnutq, bar�uins, roles Henn, taxes, Ass,vinenls unit encumbrances of whatever Iliad or
naturenoevrr. (-Y.CePt taxes or 1'.)•i7 paytllile .l.n 197E and such exceptions
as arc indicated on Lxh.i.bi.it "A" attaChed hereto and incorporated
herc:i.n by this reference.
f
and the Olove bargaiuri premises In ()is quiet, and pe:wcable porussion of the said part )' of the second part,
her heir: rvld n:+igns Against. rill and every person or persons lawfully chtimini; or to claim the whole
or :any.}:tl-t :I`rreef, t1! •0d p•rl y of tt•: fi!r•t part !hnli n"d will WAT. .ANT AI:D Ffitit:l'i•at Lla'hNU.
IN WITNESS WI lEltrO1', the said part y of the first pant ha E hereunto set h.i o Irtnd
"lid sell the day mid ycm• first Above wrillen.
.: 9 .`............... I ................ t l.,n )
(...�1.!....:; Z:.:........,.• C.:.. J.Lluc:;'R.J'I'r.ucran,
%............................................................ ...... ..................(313Af
sTATI- ot• ya;l rJ.icabtc. OTdlO s •A
,,., u u t •, , �sa.
• 'lln• d� •,,i];,.:' ! ;.•':.! tt:.a urknotclydt.rd brh•rc me thiw 7.nci day of Novclnher
,..,,, .ii.•r.:: SC ,1ombnr 13 . lU 79 and nffiei:d 1:r11.
.,..��:.,.....,.i...,..,�.,r,.,..r,..nie,.,.•... ,.,,,.,....... ..Ira...................,..,......�... ...
ParcteI-1?5.
'l EMICE
T.Iicu.: 1'02
LOT 4;
TI.rENCL
ON 'Plll-: SL
TiIENCE N
I:OUN DP RS:
TJIENCI;
I;OUNDARY
CONTT Ii" 7
PAracl I:c:ccr. i.Li^iTai. Cof n't.
ThL'P1C:F f: 74 04' 001, E• 157.97 PLET� POPE OR Ll'Si, TO TN
ANGLE POIr1T Old TIJ! 2•IORTHERLY I':UL'ldDilR:i Or SAID
I,OT 4 ;
TIIENCL•• S 510 16' 370, t'. 54.37 PELT TO AN AN
CL1r POINT
ON 'I}ll: SU.liTI3EZI.Y IQUn1nT.RY Ol :P.TD I,OT 4:
ON T11Ii N 7II° 3:;' 4U" W 65.93 TEST ALONG; TIM SOU;I'.�RyY
IJ:OUNfiTI2X UP ETID LGtiT 4 ;
;OUNC2: S F' 42' 02,+ W 81.26 FEET ALONG THE SOUTIIEP7,Y
EOUNDARY or SAID L07.' 4 TO THE POINT OFPl GINNING
CONTAIr:I'1,IG 0.242 ACRES, MOJIL•' OR. "ESS
I
Y r.
;
T
+ •\+
j � � `i
is
i
i
i
i '•
1
i � ••:
j i •� ��
�•
�u
v
i
io
d
i
I I!I
I ,� E
•M
+ i O c;
�
i •�\�j
j
Ln
'
•�
I
is
I
�
E t
�::
•
'
� �
• i I
t7
l+)
W
i C1
III •i
V
1. iti�;hL'
s'tcntLci
a�; rea
Stzt s
2.
Ik raver
i.nstry
3. li ts_nc
around
Sanitl
and Ri.
record
4. 1' kSC`,T41
lia:cs -
road C.
W-nk 7.
w.i.da s
Rio Cr.
center.
Bs:gi.nn:
Ct: r an,
said cv
ce:tLer:
C:•LYi C!
of Pit]
hrr.•.evel
to ur,::
full. c.•1
t: ile C
G. Encrc
wattey
.•� Ll : 1' i.
}�Gat•,et: c•
;if;l Co
ltl::L•c:.:;
cli•vi:-,I
. .: c'I,I
'�.. r.t•::
•
•
LX)iIBIT "A" na,--x343 :"AX-15- 20
I- Pight of th2 Protri.ntor of a vein or l.n3rt to V.'etr1Ct 2::d rL.,o:•.-! )-is ore tl;�/a4�`'(J:::,
:houl0 the naare�- 1r- fr ind to pna.:trate or itainreect the pra-11 .. F, heraby grantrl,
ns ree:•crvc>:7 in Unit`. l ;t.itf:s Pal• ten.rac orrrd Jime 8, 1898 in Pcoi; 55 at' Page 2,
right of tray for.ditchos or canals const-mc . by t} e authority of the L:nit d
�it"'rktCra, Cri in UmIuA StcAU�6 P citent racorUed June 8, 1888 in Book 55 at Faye. ..
2.
2. 1;:asxirsnt •-.tru7 right of way for 1Iigh`,:ay 1r t.�os•as as gra ntc:l to Pit] -in County l y the
DINivar an!1 Rio Grande V,estern I,nilror:d Car,.aany, a D31awarn CoiZmration, in the
inst m. ilcnt recorded Au,_just• 21, 1953 in Boo}, 100 at Page 182.
3 • r'tS'1r,:."at ;AP.c1 right- of a:ay for the construction, maintenance and repair of t:ndar-
ground :mili.tzition utility li.nc s nnJ/or outfall lines, as mrantrrl tri Th^ Ash_r.
Sainit:ation District m21 The As,,x'n M:?tro,-3Iitan Sanitation District by The Dn.nvor
arrd Rj.o Grande t;,stern XRilroad Cta pany, a Dala(rare Cor.:oration., in the i=t uj:,_-nt
recordcxl Juici 2G, 1.969 in Iaok 241. at Page 810.
4.• Tsts!:relit and right• uE way for the con:;Lructian, operation and maintenance of water
li.l:es as granter] to 4'h(: city of Ngx!n by The i)onver and Rio Gr;U de Vestern P,ail-
road Crr.•7xany, a Dola ware Corixmition, in the instrl amt recorded July 11, 1969 in
Ikx* 241 at Vagr_ 987, a ffacting the following 0escrj1-,_d property: " , a 10 foot
wide strip of land }r;.ncl part: of Olt, Aspen B.anch right- of way of. Thin Driver and
Rio Granule hom(:orn 1?ailro..,l Coa;pany in Pitkin County, State of Colorado, the
ecrntrrli.n of said strip being describal as folic,.•:^:
Drgitini.nff at a 1x,.i.nt gpponite Railxoafl I.C.C. Station 1.767/90 and 1.0 foet South-
ux,sL•erl,y at right anglers from the centerline of rnsLrirnt grantcd by said Railroad
C=paany to Aa xlm Melloaolitan Sanitation District; tic!P.ce Sojtlieasterl.y parallel a:'th
said cenlerl.ine of ease: nt to a paint opposite I.C.C. Station 2163/15 as said
centerline of r1rar)to3 to said Sanitation Dist.tict is ele,rrila rl in t
deed catr_,i Jura 4, 19G9 and r0c0XJAl in th`a records of the County Clork and Rccorde_
of Pitkin County, in Book 241 at Page 810, 811, 81.2, 813 and 814... 1t� carving,
haxver, unto the party of the fir. part, its successor, and assigns, the right
to u!I:: raid strip for }?Iv.7xases which will not: interfere with the Strom] partyir:
full. (,njoynont. of the rirrhLr, harvb, grantni..."
`!• }; ,_Ir,rn1: rind right of ;'ay for t:'aril purposes grantod to Pitkin
Con-nty by Jammer R. •frufr..an }ry inz:trumc:r.t recorded Scrpt.c:tuber ?.5,
397; in %r.+n'r: aU3 +t Pafro 503, in ;which the r..Pc-cifie locmition or
the easement is not: defined.
G• 7;rtrronclimentc, cn:,rmcnts, fence:{, telephone line;, roads, ditches,
enter lirmn.- newor line, nncl electric lines nil as m1lown on the
survoy Of subject property by Tri-Cc) Mrinngment, Inc., ns n Pre-
1 i~::'.nary PI.r.t of Trucrrr.n Property clnted October 27, 1975, and Map
of Trueim:In 1Cc:11ghborhood Co-rnnrcinl 7%.ro•joet, shcctr; 3 and 2, by
Copini.-d Vinholm ini.,man llnx 1,tc.1., Grc.bit•.er.ts, trued October 11,
1576 :+n(1 rr:v1sou Gc:;:c+bcr 15, 7E17G•
7.1;);rr!M=T11., Grnnt of E sements, and cnnveynnr.c of rent Property,
bot:(von Jninos R, Truvman and AsImn S:,vi.ngs nnd I,onn Association,
(.11_l�_ � 1:4 ""'n"u'y .Li., ., .I','7 •. itll .•1'.•.,'lii. •.I '•ail, l.:lt 7, l r a r a.n I:Ic.,ulc ,2j aj C llagc:
5"') conve"i.ng :I non excliuviv,_ casement for lnt;rc!_.s and Egress and
pl::c•c•,aunt o' miderground ut:ilitics, n trail on-soment 101 wide and
,:rc:umunt to land .ca)e the property in nce.ordance with site drain-
.-;;:: ;:it; pInnn:ing map, :bich r e shown on the plat of .said sub-
division r. ocordud in plat Doule 5 at 11.1gas 70-75,
fs, :Ursa r.:enter: and other m,:1t•t0r.; stF.. di_sc1 oe.v(1 on Finn1 Plat 'dap and
..:c•lir.rl Map.,; rc!eorovd April t:, 1E177 in Plnt )Ioc,): 5 :at _'age= 70-
y,• tC.'i. <: L'i t+l,: n .l .ii a, nl:.', (l:!t..C:r: ..nd nl:i en i.i cotltaincd
i`. .,t.. .,.: f:.. :n n( :C 1,:. :,•i t: .i:..,,, r� 1?. Tau .,.an 1)(1 the City
U .t, •.c•:,: •(i yt:.i1. ti, :! �l'i'7 ''tn Ilool; o:'.'7 )tt 1`:tt;e :1:0-
.('r,; }•' r},t•t.u:+! :,r.r..a::::: ::n.t ril;;it of u'ny 'Vein ir.;;r.•::: and
i.)t,:t} a 1.;Iai, ct•rI,:An Qtil L M.tim Doc-rl of l::,r:r.mont
u. •...,;t i n A::;+rn C n, C,n r•: njr 1'i r:U ,ir•,} Ne)N,f.: 1,(,r
n i:icl!! 1.1t. :i,...i:i'i:. lo.::.,Aon e,i the
-
Recol dcA 4 :1.
James R. T
1973, and
Room -der o
on the 8th
cept•i.on No
County of
described,
Investors,
i,nclobteduo
U - )e Wun •:
release a
of Trust.
Investors,
under.signc
all the r. i
Trustee,
of. the .rei
Statc of (
Trust, t1+
1.971t.
COUNTY OV
-r
.. _,".s._r•1....�...+.. �..., y-�_ f1. .... .r ,pr,. ».. .!"+� •F "tK•.-r. •,eY..;•m*�•..r.yK�..n.,+-, �, ,4^. +.7'• i uP9iwih'AP,6'?'1�1.'1°`:MX1:��Yhkl�1'elwnl•::>`yfyy;Dyandu•�T:,;•.:•Pc.e•;�nT•yav l�•TG3•!.;:a,�
•.e.mt..�d?�aM.'w'hn1•rvi.AY`CT'.r�AiCMAµI[E'NVW 1M,.Y,rtaw YY� D�Y'•]NA.1^�M1.: *.14nMP�u •F,n
...-_.." ..�..�".- .r��. ....". _..�-. ... .... ..... ... ......vim'-,.v+'."li -..-.. � �.. _.. __._ -
;� f ox ah �, IL CIO'/ in•
7_• a _rzt•_J �Pvrh` •a7z�
4J i `I' _'� ` 4 T 1[�1 � �>��t^ �� f • �'7 �1C1 /�Li•/ Si.T� � ✓ate � T'1HrCl
t^f tp CAP IL' 'S1' 15' 14.67' K
IVPQ
c Rx., m cor�ETE OF LU.�}CACa'i•
74• �r Ire of •] "I.P.NNIN(, 4 ZONING COMt
144,
Tht5 PLAT OF TRU['M^N (yf-16rin0"
MS~t -'*R^}' car WN°I) APPfCOVet,' t5Y Th- CITI' 01 C
�
-'CN(NS C-OMM!�.IOn ThlS , ! sr —
...rzf ✓ �. w
" o± Gt1l� l K
MSM 6M-A5'5 CAP
.; u-T 1 L i7Y g PAKE-b 12I t2P`C T OIC
Gl7CM L' NT � � '• � �, �
TrII5 rLAT ')t° 1'}CUEMAN NE(Czit�OfC1
WA5 ^PPRO'i 1°D G'lY Tt-te PI KF-GTOi
Cf Ash , COLCKAPO, r,; ; _ aA.Y .
fJIREC
ro
j ^ .
GI7Y V—"&INCEK \rrW,0•
ThIt) FLnT OF TF.UCMAM NCIG[InOr
f'KOJeC-T wA5 AF'FPO\,'CV Pam" Tt1C
n G.T'f OP ASPF:ri , CCL'71CA� TrtIS�
APT RtLs�fC r ' r u
i CAP W
1 o l
CITY
L
�T R�6NC h �'�5 ti tee• w'c �e.c,o'
,AL CAP
*' A5I'IN GIT'!' COUNCIL
" - ,\r?PKOVAL ^GCE rT,
�h.
Msr� ems- � c�v Trt15 PLAT Or Tr UEMAN Nt-ICirits
FRO anCi- A.Nc7 The ',/AR!ou,t> ealt
)UKVeYOK25 CEKTIFJCATE TO P/JE5LIC. bNOWN AtID r