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Home My WebLink Aboutcoa.lu.ex.Mill St. Venture MEMO '1'0: MICK MAHONEY CITY MANAGEH FHOM: DAVE ELLIS ~:f ENGINEEHING :.v- -",' DA'!'E: March 7, 1978 RE: Relocation of Sincla~r Station I met with Wendy Morse and Ed Deming last Friday at whlch time I explained the City's reasons for not supporting the relocation of Gilstrap's gas station operation. '!'hey had no problem with the City's position and intend to withdraw their application for a variance on the Mill St. Venture property. Yesterday I received a call from Gilstrap and he expressed concern that the City, essentially you, Kane, and myself, had based our decision on erroneous information regarding the terms of his lease with the Volks. Although I have not seen his lease, it was my understanding that his lease con- tained a. termination clause triggered by an affirmative referendum on the mall expansion. He emphatically denies' this and has offered to send a copy of the lease if we so desire. Bill feels that there is no such language in the lease, but that our decision is supported by Sandy Stuller's earlier interpretation of the State statute on malls. . Since I have not seen the lease, I assured Gilstrap I would convey this messa.ge to all involved. Stric'tly for the City's benefit, however, I feel we should check out the matter of the lease and legal interpretation once and for all. '1..' cc: JJu." :'Y Nuttall Bill K".. ~ ww ! N COR P (:I H /" 1 r~ Ii ..uI_ POST OFFICE BOX 0 ASPEN, COLORADO 81611 PHONE: 303 925-7000 March 6, 1978 Aspen Board of Adjustment City of Aspen 130 S. Galena Street Aspen, Colorado 81611 RE: Case No. 78-1, Mill Street Venture Dear Sirs: After discussing the sUbject matter relating to the above referenced case, please be advised that the partners of the Mill St. Venture wish to withdraw their request for a variance. Thank you for your time and interest in this matter. Very truly yours, MASON & MORSE, INC. ~\ rvn - O~Jd..Afr J'VC-C- Edw~rd W. Mors President EWM:hc ..'"'....."".'<'.""......-...;0."-_...__"..,. , ,~ 3/t/78 ~/15{ ~!u;e - :S;~c1<lt',.. S*,A~Y\. !?y<Joo. / ~Pu-,{ at .s;A #~ . I) tJ~ ~ ~.~ 6< eyrve/ ~ ~ - L<-'e. Ci-r(' ~. 7S> .~-.....l ~ ,/ou/.ifIlS'1. -:t;k":t:. :'7~:;~ ~;:~......Il -~~~s~~~~~ . ~"\;~ cJ (j -~'(~cd ~.&"'1~'~i ~~fc.. '\ - WI~it. (~$")~~ J~.~fNI~~~~~h~ ;2) U~~.~.~~-~."M/~ ~~r~~~-"~~t- ~~. 3) Norn-~~~Lc/~~ I~~'~ t:~ S/w dU- ~ ~~- . () 4)~ s~ ~ sL~~ ~ ~v- sjw ~_ Ai~~, t- , ~~t/~~rtf~~vv- ~ ~-rJ~' C)r,.c-~n;;:- ~Ct:7eNf ~ 1~~wj'~Y~,-~ ee-...~ ;:::0, / N,//Sf ~ s-Lr, V~y~ ~fU- - "- 1//78 Mf 7~C-'Y. $1/ K~ . - ~~~i~s-~ ~ ~ ~ A-d-<"A 0 - d~ 0A.~~' s4.,~.~~ l' C:J ~ ~ 0.. yes ~ o~fh~ ~~~. " 2) :::fL 'j: ~:1t~r:!~ 3~ 7~'f~ tJ 4)~~r~~~' ~i~' i11~ -#~ ~!:l-/~8 -~~ ~ II~ 3/6 ~'+bcf~-~~~'//~.~ t-t~ ~ ~r~>~ ~~~~5~~, ~~-t .~~~v:~ gJt~1 MBson & MORse INCORPORATED "In 1IIIIC8' POST OFFICE BOX a ASPEN, COLORADO 81611 PHONE: 303 925-7000 February 27, 1978 Mr. Dave Ellis City Engineer's Office City Hall 130 S. Galena Street Aspen, Colorado 81611 RE: Relocation of Sinclair Station to 465 N. Mill Street Dear Dave: There will be a Board of Adjustments meeting at 4:00 P.M. Thursday, March 9th in the City Council Chambers to con- sider the above referenced request for a variance. So that the Board may hear all pros and cons of the issue, I would appreciate it if you could take the time to be present at this meeting. Thank you. Respectfully Submitted, MASON & MORSE, INC. 4{~~/~ Edward wAorse v President EWM:es ...'- ...-' ~ ..It, CITY' OF~-'ASPEN .~ 130 south galen~ street aspen, <:olora<<!~..781~11 _.~.^.... . '"'Ci" i' ~ AGENDA ASPEN BOARD OF ADJUSTMENT MARCH 9, 1978 - 4:00 PM CITY COUNCIL CHAMBERS ~ CITY HALL I. Approve Minutes II. Old Business Case No. 78-1, Mill Street Venture (this. case was ~ab1ed.to this date at applicant's request) III. Adjourn , .;"iiP'--;-- ._ .~ -. _ ::""'~~-:":-'~-'-:--Z:::-' .--~. . . ,^, ,...-. _..- ~'-'-":-'-- . r . ~ . ~ .~ -..........-.'. -- - '."",","~ --'---...-.-.pJl ~="h"""" __ -. ,', , .'{ , ~.", . - '~ :~ .") RECORD OF PROCEEDINGS , ., 100 Leaves ,_* C.,.IlOf:Cll'U.....L.c:a. Regular l>leeti~q Aspen Board of Adjustment February 16, 19/0 The Aspen B~ of Adjustment held a regular meeting on February 16, 1978, at 4:00 PM in tbe'City Council Chambers. Members present were Remo Lavagnino, Gil Colestock,':Charles Paterson, Josephi~e Mann. Francis Whitaker and Marilyn Beer. Also ~sent was Clayton Meyring, City Building Inspector. Approval of Minutes Colestock moved to approve the minutes of January 5, 1970 as is, Mann seconded. All in favor, motion approved. Case No. 7C'-1. Mill "Street Venture Lavagnino read the , application. Application is made for a building permit to build. a gasoline service station. The proposed gasoline service station would reduce the open space for an existing, service, commercial, Indus- trial building from 19.4B~ to 11.17~. The required open space is 25%. Justification: City of Aspen desires to relocate Sinclair operation out of downtown area. Re- location will permit the' above and place same in a per- missible use district more desireable and acceptable for such use. --' " Lavagnino summarized the minutes from a previous meeting giving this property a variance to reduce their open space from the required 25% to 19.48%(Case No. 76-20, ~ Edward Deming). They donated a piece of property to the City for the probable realignment of Mill Street. Morse noted that he was approached by Mayor Standley and asked about the possibility of relocating the Sinclair Station to this property. It will be a self-service station with two pumps with a' cashier booth 8' x 1-1' abutting the existing building. Morse has talked with _~ I Planner Bill Kane and Engineer Dave Ellis about the rl' '0 ~I entrance problems and possible resolutions. He showed \ ,~~ the Board on a map the possible forced exit, curb cuts, 'J..-.f' /14 green space, easements, etc. . \pY' ~~ Lavagnino asked l>lorse why Dick Gilstrap, owner of a 99- y'\ year lease, would want to give it up. Morse said that ~~' since the Malls were constru7ted. business has ~everly decreased. Colestock asked ~f there would be n~ne pumps on the new site. Morse said yes. ". Lavagnino informed Morse that under the Board's guide- lines. they must find a hardship or practical difficulty to grant a var~ance. Morse understood this but said the only justification wa e ~t.Y had express~d1:.his esire and he was complyinS. Lavagnino asked Morse if the City knew that a variance was necessary for this relocation. Morse said he assumed so. Whitaker noted that the first variance was granted for a good reason. ?o reduce the open space further to half the required open space would require real justi-' fication and no hardship or practical difficulties have been presented. \Mann said she would be willing to hear the Ci tv's reason< for this relocation but would like them to knO~l, in ad- vance, the Board's guide:j.ines for granting a variance. ~lhitaker asked Heyring the parking requirements for this station. ~leyring checked the code for such requirements. Whitaker asked Norse the sCiuare footage that this statiO! would require. Morse estimated 4000 square feet. He also noted that the utility lines would be undergrounded. -'__'__...~.-"",.;o.. --:...~..;.",~~ ;"';'.'.;.;;..;;lt~.. '-'_,"_'..ro.~.~:....," :.., ,.; ,..;'-:'&,;.'.:'~~.', ,.,' ...: "~ Regular Meeting February 16, 1978 ,," .' . .,j , , ~. .,~ "1 ,__~"";",,,,'__;'O:~,:._ __ .:) ...."'-.".- Aspen Board of Adjustment Meyring said the code requirement for parking in the SCI District is 3 spaces per 1000 square feet. Colestock asked the estimate for monthly gallons pumped. Morse estimated 70,000 gallons/month. The storage tanks hold 24,000 gallons. Colestock 'asked the size of the delivery truck that would service this. Morse did not know. Colestock noted that he previously worked with the feasibility of gas station locations. When a p~opo~ed ."'Is!ation created cOngestion. ' traffic hazax:<i_~, pedestr~an ~ fiazaLd~. delLvery problems, etc., the pUblLC would . 'create statLC. Hl~-teefrng on this proposition is that it LS a poor site selection for a service station. He would like to see the Sinclair relocated to a good site but did not feel this is the one. He also agreed with Whitaker that to further reduce the open space would require firm justification. Paterson moved to table 'this case to March 2, 1978, Mann seconded. Roll call vote: Paterson, aye; Colestock, aye; Lavagnino, aye; Mann, aye; Whitaker, aye; all in favor, motion approved. Paterson moved to adjourn the meeting, Whitaker seconded. All in favor. motion approved. Meeting adjourned at 5:00 PM. CLty Clerk , I .:...} "~~',"'-'-"""", - -'~~-''''''''''- --.".-----..-. .~-.~~:'=--:----~ :-r APPEAL TO BOARD OF ZON I NG ADJUSH1HIT CITY OF ASPEN , DATE 1-17-78 APPELLANT MiJl Street Venture CASE NO. 7<J? - I ..,ADDRESS Box Q, As pen, Co 1 Ol'ado 81611 .,,.... . PHONE 925 7,.000 OYlER Mounta inS ta tes Commun i ca t i on5ADDRESS Box 0 Edward W. Morse David A. Baxter Asoen,'Colorado 81611 Edward H. Uemlng LOCATION OF PROPERTY 465 North Mill Street, City of Aspen (Street & Number of Subdivision B1k. & lot No.) Building Permit Application and prints or any other pertinent data must accompany this application, and will be made part of CASE NO. 7<?' - I THE BOARD WILL, RETURN THIS APPLICATION IF IT DOES NOT CONTAIN ALl THE FACTS IN QUESTION~ DESCRIPTION OF PROPOSED EXCEPTION SHO\~ING JUSTIFICATIOfIS: The purpose of this application is to permit the re-location of the present Sinclair self-service gas station from uptown corner of Galena and Cooper Streets to new location at MilJ Street Venture Building. Such relocation will partially encroach on present open space requirements along east side ,of Mill Street Venture Building as it now exists. Justification: City of Aspen desires to relocate Sinclair operation out of downtown area. Relocation' will permit' the a'bove and place 'same in a permissible use district more desireab1e and acceptable for such use. , Will you be represented by counsel? Yes No X S1G~ ~~~ Appellant ;I / PROVISIONS OF THE ZONING ORDINANCE REQUIRING THE BUILOING INSPECTOR TO FORWARD THIS APPLICATION TO THE BOARD OF ADJUSTMENT AND REASON FOR NOT GRANTING: APPLICATION IS MADE FOR A BUILDING PER.'.lIT TO BUILD A GASOLINE SERVICE STATION. The proposed gasoline service station would reduce the open space for an existing, service, commercial, Indus- trial building from 19.48% to 11.17%. The required open stlace is 25%. Section 24-3.4 Area and Bulk 'Requirements . . SCI Zoning District. Q~~^ ~OA~~ ,,, ,,, CHW" "'",""G INSPEOroR ~ S W. d 'G",rrollf. ~' 1 PERMIT REJECTED, DATE DECISION DATE APPLICATION FILED DATE IF HEARING ~ :::'/'1/7'j( MAILED SECRETARY ~t\i..'~ ,,<;'t.'W\./'Yl\.C.v-..) w NCQRPORATED \n ."(t ;: ~ :'.,;,' 1II1n_ POST OFFICE BOX a ASPEN, COLORADO 81611 "HONE: 303 925-7000 February 1, 1978 Mr. Clayton Meyering Building Department City of Aspen 130 South Galena Street Aspen, Colorado 81611 Dear Clayton: I handed your secretary an application today to appear before the Board of Adjustment relating to the reloca- tion of the ~inclair Station at Cooper and Galena Streets to the Mill Street Venture property at 4b~ North Mill. , Attached to the application are two plats showing the proposed relocation, a list of adjacent property owners, and one plat showing the footprint of the proposed facilities as they will relate to the existing structure. I did not include a building permit because I thought preliminary approval might first be attained. If this is needed, however, please let me know and I will pro- vide same showing elevations of the proposed cashiers enclosure. I would like to appear before the Board when it next convenes. Thank you. Sincerely, MASON & MORSE, INC. ,I' ,I "/ " (/ /'"'-1 /" E;waL;d 'We,l; ~;:e Pres i dent' EWM:es Enclosure cc: Hon. Stacey Stanley Mr. William Kane Mr. Richard Gilstrap vl'fr. David Ellis , .-,' i ( ((, L ,7 p-1 ~ f-n'i:il t "-1' "-~, J' T ' ti.') [';1 ":-:':'" ,ti J.,,_L '< ~ ., ". , ,1,r; St,: .,. '.: f r f~ e t c.~, c n ('~ ':,~ (_'i ."J ii!> ,r: '> o ;!" t:' -r -I'J (j lU' i U [,GENDA .j ASPEN BOl\H.D OF AfXJUS'l'MENT FEBRUARY 16, 1978 - ~:OO PM CITY,. /)UNCIL CJ1!\11T3}~nS - CIT'l BALL I. Approve Minutes II. New Business ---? .--.-----.- Ei11 Street venture/_(CL) >~+-..::r ( Case 1J0. 78-1, III. Adjourn 1~~~ ~I~~.~~ 1~" ~O ~' f\PPE/\LIO BO/ll;]) or: Z(JU) iH, !\)UUSTflUlT [, I ',!'Y' ()II~ f' (' II! " , \.) : ~H DATE ,_L~lL7J.L. CASE NO. 'r' -' I -_.-,.___.;....L___... _._ ... _____. API' LL L Mil J:1iJJ._~,..l, t.f'.r:.L...ye''..:LI!.l::.'" .......", ADD: ' :, '; [:OX 0, 1\ c, pen. C 01 0 r a cJ 0 I.n Gl I -___.___n.______ __.._________.._ _ __._____._.... 1',:0:: l .....,.9.1'5..,_..__ 7000 --_..-."~_. Ofll~ER i'1.ountaJn Sta tes CrJf'1rnufI ICd '. iiJrI"/:I)[;ii' ',' 80x 0 Edwar::GFi. "f:o'lcs[~"'-"--"- - -- '--- ......- ,...~-----__..._ _'___ _____ ~ ~~: l~(liL ij &{~~~;~ 0 ..--.------...- _1\ sr~'JLC gJo ra_d (J ...n 1 6..12....__..___ LOCA T 1 011 OF PI,OP Elny 4 61)' ~o r Lb...JJ...iJLS t i"3'Yt.'.... c i.lLrJ.!:.....0s p~~__._..._...___ TSTreeT'z;-"'Tur'IG-cr--ofSubcHvTsTon-IJTk-:--&ToC i:o"~) , --. Building Permit Application and prints or any other pertinent d a t ~ m us t a c com p a II y t his a P fJ 11 cat 'i 0 II, and II'I 1 1 be mad cpa r t 0 f CASE NO. 79:- L~ T fI E BOA R D 1-lI L L R ET U R 11 T HIS 1\ P P LI CAT I 0 II I F IT DOE 5 NOT COil T A I II ALL THE FACTS IN QUESTION. DESCPIPTION OF PROPOSED EXCEPTIOn SHO\'iIfiG JUSTlFICflTrr)~IS: The purpose of this application is to permit the re-location of the fJresent Sinclair self-service gas station from upto~n corner of Galen; and Cooper Streets to ne~ location at Mill Street Venture Buildino. Such relocation will oartially encroach on present open space r~quirements along east si~e of Mill Street Venture Building as it now exists. Justification: City of Aspen desires to relocate Sinclair operatinn out of dOvllltO\'ln area. Relocatioll I'li'll per;;;it the above and place same in a permissible use district more desireable and acceptable for such use. fi'i 11 you be represented by counsel ? yes....~No-.J:__ ~-~-------~._-~---_._~------- ~-~--~-_.~._---------~.__.~-----_._--~ --------------~-_.._--- ---_._~~~-- SIGNED: A p-peTEIi C------- ------ ---------_._---_.~_._..__._~..,~._-_.- -----------.------ PROVISIO~S OF THE ZONING ORDINANCE REQUIRING THE BUILDING INSPECTOR TO FOI:~ARD TliIS APPLICATION TO THE 80ARD OF ADJUSTMENT AND REASON FOR NOT GRANTING: u:c_!\rrlOI'.j };-', r..:J\rc Fep J\ F:ILi"I=';G fEF>;j-;:;' ~~l() BUILT' II. Gl\SOL,un:: ::3ET"\\/IC,F ~;ri-'/lrjl]:J::. jlj}(! TTcu;;:);:,:e,l f:-j~~IJ1.::l:e ~_~,_:-:r"d,~(' :;-::-:lL}o]l 'do'c~-'_d ]',.'(l1lC'c t.1Ie O~\":: ~~,1-'~LCC' 1\,}" ~-::] ('xi ~;Lj ..("",'1l'C, cC' ):':c.:.~)'(':L:l~_ ~ Ti]{hl,~-' L!'; ~" l l'll i; .i; 1::'- : )', '.: r; :: .J:- "C,~ ,1.L 1', '.1 \)":1 ~-:;CJ ! 1::- flL;tJ'ict. ;;1 ~',:, i~~ ')C;~'. ~-',,' t->':i ,.-'.',,_. .".;':...' ':'1-1 i;,l" ... ,-::l;\'(,,;,_-,;~t~:-~ .----~--,...s t (1 eli S-'~-l_~'tl I~!:~i Ii .;,"",,;.)(\t, , J ~ ' , " '- '- ' , \ r\. (. . \. I, -''', , _ _.._~~)~~':'Y .'~\~~~L\-JJ'\1 \'~ .-"./\Cj S!Cflled CL\\'_L'tJI'l ii, i':1','I\.I." , \--> -. \ Ii \) PERMIT REJEC1LD, DATE DECISION nl\ Tf flf'I'LJU,TlON rIUD D 1\ IE If fI i ;\1(1 Ii(; -'~"--'~-"--'----- ""---'-_. "ii\] i' 11 SfCf([TAf<\' fS-/71 I),.~~(~~ - s~~Sy; . #tl/ s(.. 2) ! Me .,,f Row ~ ~ L/:$ :7).~oi' ~ c;~.J.7~- "</4'/u I.J~ ",( cu.{ - 5/~ y'w ~ Ld.r~ (,4-~ f;:"~ /s-/~. i ij ~ C5/'wJ.J ~~ l/lJ/~~- ,. 1t n. I()~ /~ J/77 .. 'i thd C;,k-ty) 7)GJk C({(lk(ji ell} ~ ~~.) Ute-Ik) ~'){/D .~;iIv~. i .~C;&j,,~-"~ C~4~ :i1~ ~.-~ p7~~~. :i ,'C,llh,~~~(.;~V~~('; i!&'&\. ~ ~ ~ 114 ~n(d(1t1-.~L.~ 'i~~- " Ii ~rr---~~~~ ~ , !' :!CzJ ~~.....;... ~ ~ ~~ j!~C/V'-~~ i~(~ I CITY OF ASPEN. MEMO FROM DAVE ELLIS , .7-r7 h..:.-"" ~~~-"'-:--r7_--~ ~ ( ..-~. / T~ 7 J ,~~.~ If? /$-~, '. ,;:;".. /~J>'; .,,,,-X'r"'.,_ .' - r"2:2.~ / c.U'// /J~-_ = . ,0' ~.p / ~?<.../, i~ -1/' . /7.. i/ ~~'-f':,,,,,/ #:~~/r'>.c_- ,.' ./',.,.. /N. ~..:<' .i/' ../rYe , . 'j 4C.,~o /,'1'-1. /:.t:l::r (.,,),,)#./ ~__-:, >.-_ r "."----- ! C G./c,- r c;, / CJ,-",n, .' /f//S-/77 ._________;:.;;r__ . t, "'I) , . Aspen/Pitkin"Pianning Office . 130 south galena street aspen~, colorado,/81611 '..".. ,_._,}....r " October 18, 1977 , / Mr. Dick Gilstrap Valley Petroleum Corporation P.O. Box 158 Glenwood Springs, Colorado 81601 / Dear Dick: In response to our meeting last week I am writing to advise you of the procedures that will be required to secure an approval for a new filling station on the lot of the Mill i Street Venture property on North Mill Street in Aspen. While "Gas stations" are a permitted use in the SC 1 zone in Aspen, there are some peculiar aspects of the property which will require review by the City of Aspen Board of Adjustment. The lot area of the Mill St. Venture Building is substandard, as is, with respect to the open space requirement of the Aspen Zonin~ Code (25 per cent of the lot area). The construction of the pumps and the associated paving will further diminish the open space of the site and will thus require an additional variance from the open space regulations of the code. Applications for this variance may be made in conformance with Sec. 2-22 of the Aspen Code. The application should be accompanied by a letter of intent and a detailed site plan, drawn to scale, which reflects the intended improvements. Please find an application form enclosed which should be directed to the City of Aspen building inspector, Clayton Meyring. As discussed at our meeting, we are generally supportive of this variance should it result in the permanent removal of the Sinclair station from downtown. We will condition our recommendation upon the receipt of some committment from the Volks to permanently restrict the site from any further gas pumping operations. I have discussed the concept with Mr. Dave Ellis, City Engineer and he will review the plans to ensure a viable circulation plan and compatibility with the proposed expansion of Mill Street. Sinc~:y); / ..ji;u:;ta~ Wi 11 i am G. Kane WGK:mar cc: Wendy Morse, Mason & Morse Mick Mahoney St~ Standley .....-oavi d Ell is M E M 0 RAN DUM TO: Stacy Standley III, Mayor FROM: Planning Office, Joe vlells RE: Relocation of Sinclair to the Mill Street Venture Site DATE: September 2, 1977 As you know, Bill asked me to take a look at the site plan of the Mill Street Venture building under construction to see how circulation might work with the addition of a service station. In addition, he asked me to verify code requirements to see if the building already exceeds the FAR. To get to the last question first, the requirements which affect this site, zoned SIC/I, are the FAR (1:1), Open Space requirement (25%) and the setback requirements (20 feet from arterial streets and 10 feet from other streets). The site, as now drawn, is 43,990 square feet. There apparently was a dispute over the property line along Mill Street which was resolved by the owners' deeding over a strip to the City for Mill Street expansion in exchange for approval of their building as submitted. The building under construction is 20,000 sq. ft. , so there is clearly no conflict on the FAR. However, a rou . of open space points out that because of th gr ng of the easeme. , there is now only 9,863 sq.ft. of open space, or 2 0 of the site. Furthermore, the east side of the building is .very close to the 20 foot setback for the right of way. ~ I2csuJ The site suggested as the most likely site for the gas station, along the east end of the building between the building and Mill Street, would do a couple of things: First it would eliminate the largest piece of green space on the site. This is presently being bermed to soften It the impact of the end of the building. The site plan does not show rt the grades correctly but it appears that from the north side of the building up to Puppy Smith Street on the South, the grade is not ~nSignificant and therefore nQt particularly workable as a gas station site. Additionally, the removal of thlS parcel from open space would n"O'rOnly remove 2,500 sq.ft. from green space but would technically eliminate the contiguity of the open space and consequently reduce \ the size of the open space to less than 10% of the total site. Secondly, the circulation bottleneck that would be created by the addition of a service station just off of Mill Street once this building, the Trueman and Savin s and Loan pro'ects are com lete, as we as the additional residentla unlts that inevitably Wl 1 be built in the Red/Smuggler Mountain area, would be unbelievable. Obviously, the opportunity to remove the Sinclair from the Commercial Core justifies bending the rules somewhat but I personally couldn't support adding a service station to that particualr spot on the site. I could, however, support a location off-street on either side of the building where the contours work better and those using the service station would be able to qet in and out of the service station without bottling up Mill Street. \ lmk cc: Mick Mahoney, City Manager ~ Ellis, City Engineer M E M 0 RAN DUM TO: Mick Mahoney Stacy Standl ey FROM: Bill Kane RE: Move of the Sinclair gas station to the Mill Street venture property DATE: August 19, 1977 , Over the last few weeks I have had a chance to review a request for the location of the Sinclair gas station at the t1ill Street Venture Property down on Mill Street. The location of the gas station there would result in a permanent removal of the gas station from Cooper and Galena. This would undoubtedly provide a net benefit to the community. We very definitely support this move the the understanding that: 1) some agreement be reached with the Volk family to insure that once Gilstrap has moved the Sinclair station that another operator will not simply take his place under their current legal entitlement to a nonconforming use for that facility. I would advise that such an agreement be securred in writing prior to giving any further City approval to the location down on the Mill Street property. ? ~ 2) Joe Wells is looking into a site design that would best handle the location of pumps in that area and also is checking into the current building size to make a finding as to whether there is any room allowed for expansion. It may be that the building has already exhausted its 'total FAR right under the zoning and may have to go for a further variance to accommodate this use. The FAR variance would only be required in the event that Mason and Morse would want to add a cas,hier's booth as is ~shown on the plan. Otherwise it is arguable that this could be facil.itated within the plan without an addition to the FAR. I should remind you that gasoline service stations arf' allowed by righLin the SCI zone and the only real Cit role in this would be to make some concession for circulation and landsc in and landscaping 0 e n 0 wa an use of t ,e 1 y ~ ill Str t ri ht f u ation in the area e gas statlon. IhlS really constitutes the Ilmit of our leverage on the project. This is a desirable project if we can accomplish having Gilstrap move from the Sinclair site, since it is everyone's opinion that this land would much better serve the public in a pedestrian mall setting _ even if the area does not go to the mall. 'Having the auto circulation removed from downtown would be a major benefit. es cc: Dave Ellis Joe Hells Stacy Standley , --"--"-r--~r' . 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I I" I I " - I'''~ J. -- -.--. i ~ 4 i ';:';- . n I '. '(.1 : , ~ ~ \ .,' , , I t: ,f ~ ., ,,, If , ' ~'r<! , . .. " \'11 l ~ ," 1, -, 1-'''' -'1 .._-~- -. 'l .. ,~*--.,- I ' . I, , " .. ~ ~.,'-, ..,."."".,.,....:.."" \., " / // / &-~~ ~d. , \. " , " " " ~ / ( '\ " '-" '. < t': \ \ " ", ":'j ~ -<! / / , i, I ..., ..., ... r;J / "IJ "- t, ..: .. :;,.....) / .. 'r, ,~ ;:.....!: .' II: \ CT '_ . ~.=;;,;~\ ~.J .... 1:; '\. r-...\.'. n...\f \ , I /, //1. I' 1/ , , .'1 // '" ." . ~ t .. '. '< '", .<:~ .. () ., / I, 1 ~~ ''of ' . ~ {,~&. ./ i -. ".---~'.., .. -, />' , .:....--..... l.}._ ,,\ r ( <l" "'f'" ,,,E' '/ Q~) 'I, <.. ;< ;' t"'h'...,-~ ..' ,,~:",... ~ 0 .. , ,'" 1 ,,<,; "):, ',ljr<'> J."~,,,- _ '.lv,,) { -........ .. ..l":":--"; _. (f.. ... " .' t.. 1 " ":,' ~ ~ . "- .. ~ r, , '.'] ."'/ ':; ",~,t, --=--::--:.:..:;-. 1 ~ , '" , " \ \ \ ~ :!~I'; ;;' ~ , , ,~~ t. :..; .~ r: r ~ - ... CI ".1~":lh - ~1--cJ t -11 --,- ,- _. _,' ;r-- ,'. .-.'--~:- - .C' I: ~ - '- "': ,/ J "'" f' ' r.... ./, I.. I .. ~ of. f l.... /.f II , C :., ~ )l ~' . ... .:. rr I) - .... .-/p.....,-. ."r.~ 1'-4.77' 7l..'>t:.<.,.or' ..., $1, I.~ ,.' I'-I"'.:"')~~~.t';d' o-~. Y' 4- ''::11'/ ':4J~ ~.,' , "~/.....,,. .. j I I, ~ J ' - ..~ .\, o o , i _J'. I ...,,'r" ".' ,.. / j-"~' ~' - . "/ L '.. . . ",~-." , ' .--_. ~- - ,,' ~ .' > .. i I I I i '-. r' !,'~:r,:, .'C -I ' .. -I' ... t. (.... .. . I ..' j .' ! I I ',1 I . . ~f'l ~J ,I I ..'1' '. I I c, I-~~-.l-': C.,' I c... _ ,." ...::"'-oi " I ... I . . . I ., I ' I - . '" . I 4"' I . I A.:. t , . ,I , '. , I , '. :'1' , , I :t<': .,' , . M re.:..G~ o{.+I.;} k\'i; , ~ - ks H. l)<a4 fflAA--- (~.....k ""^- f(/r/17_j)~ - u/lf/7t; TASEMENT AGREEMENT THIS AGREEMENT, made and entered into this 8th day of September, 1977, between DAVID A. ~AXTER, EDWARD H. DEMING, EDWARD W. 110RSE and MOUNTAIN S'!'ATES COMMUNICATIONS, INC. I a Colorado corporation [hereinafter referred to as "Grantors"), and THE CI'!'Y OF ASPEN, COLORADO, a municipal corporation [herein- ,,// after referred to as "Grantee"l.. ~ E C I TAL S : 1. Grantors are the owners of the following described real estate in the City of Aspen, County of Pitkin, State of Colorado: A tract of land situated in Section 7, T. 10 S., R. 84 W. of the 6th P.~l., being described as follows: Beginning at a point being S40002':;7" E 1,151 feet from the West 1/4 corner of Section 7, T. 10 S., R. 84 W., of the 6th P.~. (a 1954 unapproved brass cap in place); thence N200l6' E 224.60 feet; thence S840l9' W 80.56 feet; thence N 05041' W 66.33 feet; thence S84019' W 203.00 feet; thence 222.1 feet along a curve to the left with a radius of 668 feet and whose chord bears S25040'02" E 221.1 feet; thence S66048'31" E 125.30 feet to the point of beginning. THEREFORE, in consideration of the mutual benefits to be derived hereby, and other good and valuable consideration, it is agreed by the parties as follows: A G R E E MEN T 1. Grantors do hereby grant and convey to Grantee a perpetual non-exclusive easement for purposes of ingress and egress over and across a portion of Grantors' property described as follows: A strip of land varying in width from 20 feet minimum to 24 feet maximum, being coincident with the Grantors' driveway and parking lot aisle; beginning at the easterly property line, also the westerly right of way line of North Mill Street; ,thence northwesterly to the northerly property line. 2. At the option of either Grantors or Grantee, the above easement will be more specifically described by field survey of the finished improvements. Such survey shall supercede the above description. All necessary expense for specifically defining , " . the easement shall be borne by Grantee, 3. There is reserved to Grantor the right to utilization and enjoyment of the above~escribed easement provided the same shall not interfere or be inconsistent with the rights herein granted. 4. Except as otherwise specifically provided herein, all of the provisions of this agre~ment shall be binding upon the heirs, personal representatives, successors and assigns of the parties hereto and shall inure to the benefit of the successors and assigns of the Grantee. Da ted : 7-~-7) 8~cC) Q. C;~ Dav~d A. Baxter l' Dated: :7-e:-7? Dated: ;?-o-77 MOUNTAIN S'!'ATES COMMUNICATIONS, INC. Dated: 7'-;3-77 BYif./~~ '!'HE CITY OF A munic:i:p<tl , / ,./' // " , " ....,;.....-.-. /~,/ ASPEN, COLORADO cor~tion // ~ ,/ , ~. I. - 9/9/77 IV-' Dated: ATTEST: / . . a tlt-,- Kathryn S __Ilia -rJ Hauter, City Clerk -2- ~ . 7/2.-B(77 5tJ- (I 'Z- /7- A __ .J~ i ~ I I I ,I AI! 51 tll?vr,~ - ~ 0^- ~~..~ 348tf=- I I I _ II~ ~. ~. _BI. '(1/3/77)' i ~M. ~s{ C~ ~l.. ~O(~~)-; I~ 8.90. I I I I i I I I :1 , I , I I I I I il t;,Q~i . !i ~ 7)o,,~o~ -? H.I( {I.. (/~: .s: ~ 93. 7~ .p. II c ~~ Jl..tr.0 ~ 10M) il ~ 4:~r-~\ "- Ii e n. IJ..& t..P '~~tf' -~t .. 'I ~ -tJ .......~/I \ ~~ I I 7C I I i I , / '(9 $80 t . I CJ L~ ~ ~ .. 3s:.50j'LF rr f3~,~Y_"I .! L' J, f1 .~ /t..- - /7,7':) ~ ~ 34-SLP ~ &~ ~ 1Jn.~",( =- ~/?? ~ ~ ='f7crr;<;) , -:: 4- ~g.b-ll I / / zs. 'IS' , 5: "'13. 'is- ~I. I ~~lJq~,&w ~ ~~ (~ 0;; N,//sl. tJDv./-) ""- ~~ .z ,"kiD . au 3,.:2. n. ?s. S ro'l~/iS-sf J .1lT. Cu4JJ{~ ~ ~~ ~I/.~~ 6. a...-~ ~~ ~ 4-8. em <; f, I 'lSz_~ sf. J . 1-17,15" s ( -i B /6f tJ't)- 5.f. 5; ~ 93. 9 S' s+ ~f~,. \ ~ Gs{ '1 'I?Q?f7J i I JL ~~~ I I , I I I I I :i 'I 'I II 1\ I i i ! - r 7/:28/77 ~z/z.. /1, II S' f. I/~~ < ~J~~r~. ~~ ~, '13,'( ~ ~ '! I. 2~r /sl 8.t4-Crrx-4JJ~1- ~7~;.<t~-: -( :<'./;7.s/sl. c. ~-~~Y:tb(-~ ~~~ -~. ~ . cr ZEJ/4> :# 11 ,;. 4-8 ~ II ~- I' il !I I' !\ II I I , ! I ! i ~1'~T~~~//' r :d? ~ '? 57) <Jyri) - //.) c.<-<.. <-v... /713- t 3,sysl: , .,\ ",.. CITY OF ASPEN 130 south galena street aspen, colorado '81611 , MEMORANDUM DATE: November 1, 1978 '1'0: Members of P&Z FROM: Ron ~t~~~'-:f-..... '.., ./If''' RE: Subdivision'Exemption Edward W. Morse to City of Aspen On behalf of the City, I hereby request your approval and recommendation to exempt a particular division of land from the definition of the subdivision within the terms of Section 20-19 of the Code of the City of Aspen. The City is currently developing plans to modify and reconstruct Mill Street specifically by straightening ~he roadway as it nears the river and placing a new bridge at that location. Further, Mill Street will be expanded to a four-lane roadway. However, to accomplish this reconstruction, it is necessary for us to increase our right-of-way. We have previously obtained subdivision exemption to allow Mill Street Venture to deed to the City that parcel indicated in yellow on the attached map. We have negotiated with Edward W. Morse and he has agreed to release an access, utility and parking easement to which the above property is subject. '!'he attached map identified the area of City property subject to this easement as the cross-hatched yellow area. This application requests the exemption of a boundary line adjustment to allow Mr. Morse to deed to the City that area colored blue on the attached map. The area, when deeded tp,the City, will become part of the Mill Street right-of-way and will be used in conjunction with the reconstruction project. I have been informed by the City Engineer's office that no paved portion of the roadway will occupy this property. However, the property may be used for a sidewalk. RWS:mc ...:C ,...-., ',,...~ ',r-:~" ,. ~'. "'. ~. ''If" ~ ~ :u""'-"" . ( ~.. .."",~- .. '-. r ;', ")' , . " " iI' I I, ..-.-.:: . , '! ~ I';, '.j .~- p ." EASEMEN'!' AGREE MEN'!' '!'HIS AGREEMEN'!', made and entered into this 8th day of September, 1977, between DAVID A, BAX'!'ER, EDWARD H. DEMING, EDWARD W. MORSE and MOUN'!'AIN S'!'A'!'ES COMMUNICA'!'IONS, INC., a , Colorado corporation (hereinafter referred to as Grantors"), and '!'HE CI'!'Y OF ASPEN, COLORADO, a municipal corporation (herein- after referred to as "Grantee"). R E C I '1' A L S 1. Grantors are the owners of the following described real estate in the City of Aspen, County of pitkin, State of Colorado: A tract of land situated in Section 7, T. 10 S., R. 84 W. of the 6th P.M., being described as follows: Beginning at a point being S40002'S7" E 1,451 feet from the West 1/4 corner of Section 7, '1'. 10 S., R. 84 W. of the 6th P.M. (a 1954 unapproved brass cap in place); thence N20016' E 224.60 feet; thence 884019' W 80.56 feet; thence N 05041' ~ 66.33 feet; ~hence S840l9' V 203.00 feet; tnence 222.1 feet along a curve to the left with a radius of 668 feet and whose chord bears S25040'02" E 221.1 feet; thence S66048'31" E 125.30 feet to the point of beginning. THEREFORE, in consideration of the mutual benefits to be deriv~d hereby, and other good and valuable consideration, it is agreed by the parties as follows: A G H E E MEN '1' 1. Grantors do hereby grant and convey to Grantee a perpetual non-exclusive easement for purposes of ingress and egress over and across a portion of Grantors' property described as follows: A strip of land varying in width from 20 feet minimum to 24 feet maximum, being coincident with the Grantors' Jriveway and parking lot aisle; beGinning at the easterly property lj,ne, also the westerly right of way line of North Mill Street; thence northwesterly to the northerly property line. 2, At the option of either Grantors or Grantee, the above easement will be more specifically described by field survey of the finished improvements. Such survey shall supercede the above description. All necessary expense for specifically defining . the easement shall be borne by Grantee. 3. '!'here is reserved to Grantor the right to utilization and enjoyment of the above-described easement provided the same shall not interfere or be inconsistent with the rights herein granted. ~. Except as otherwise specifically provided herein, all of the provisions of this agreement shall be binding upon the heirs, personal representatives, successors and assigns of the parties hereto and shall inure to the benefit of the successors and assigns of the Grantee. Dated: ,(/-) )... (./ 0 / :J, - ;2 2.. ... 1 J/ '. ,/'_ (C c\ - ,,_S "J;:X . :ifJ:";'2#; /':f;l- ... 22- - 7 Y ::-)1fJf~A~-/ _ oxc."y, /~ ) ~ -:;-2 _ ;w EdW"~:_~,~2;~~:,"" Edward W /~Io'rse ' /' MOUN'!'AIN S'!'ATES COMMUNICA'!'IONS, INC. Dated: Dated: Dated: /1~0~/ 7e- By :tlft:tff;7 /1 at4ttf'{(0!<c,;/ It' 1 s 1'/' / ,<'/' ,:'-:1'fW /"'>C~' ';.'HE CI'!'Y OF ASPEN, COLORADO A Municipal Corporation Its ./ Dated: ",// -') ~- - 7 '/ j-r7 -., /- " 0 . /"- / ' .~/__~~_.__~ _n_ -=-_..J2 By "JuH-(7/2 A'!''!'EST: /~ ~, thryn S. City Clerk Pamela K. Realmuto Deputy City Clerk ~G<.....",...J.)-,,-,,- CliS I ) 9 7 ~ -2- Recorded at.".."......, ..,.....,.........o'c1ook.",........M.. ...."."....-."...,............""'.......,...."..........-....,...... '7//)i . (;.~ i'.~::9 'An ..../'7 . J .~;:'-'ntion No......................................... . ...__...........Rccorder. ~ I' ! 'rillS 1').' ..,0 .~,. "~.....v, ............_ _h_ 26th dR, of December ,1978, between EDWARD W. ;.IORSE III of tha County of Colorado, of the first part, and Pitkin and state of '!'HE CI'!'Y OF ASPEN, a municipal corporation of the County of Pitkin and state of Colorado, of the second part, I' WITNESSETH, That the said part y of the first part, for and in consideration of the sum of II TSN OOI,I"AHO and other valuable consideration --------------yJl:~, , ~: ~i..e ::.uid pM-t y of the oi'ji;;";: ?~'!"t in b:md paid by the said part y of the second part, the receipt whereof II IS hereby confessed and acknov,l.::dged, ha- s l~nli..scd. r.,le~~:;~ci.. h.oid, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and (,tC'll' CLAlIi~ ....:J.to the lS~id party of th~ secon~ p~rt, its heirs, successors and assigns, forever, all the right, title, interest, claim and tL:-:nand which the said part y of the first part ha S in and to the following described lot or parcel of land situate, lying and I being in the County of Pi tkin and State of Colol'ado, te wit: I A tract of land located within the NWtSWt in Section 7, '!'ownship 10 South, Range 84 West of the 6th Principal Meridian, Pitkin County, Colorado, being the southeasterly corner of the property granted to Edward W. Morse III in the deed which is recorded in Book 293 at Page 873, Pitkin County Clerk and Recorder's Office. '!'he property is more fully described as follows: Beginning at a point, said point being S49038'48''E 1312.23 feet from the west 1/4 corner of Section 7, Township 10 South, Hange '84 West of the 6th Principal Meridian; thence S05041'E 29.66 feet; thence S84019'W 14.44 feet; t~ence N20016'E 32.99 feet to the point of beginning. TO IIA VE LND TO HOLD the same, together with all and singular the appurtem:necs and pri..~ileges the:ceunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsocvLr, of the said part y of the first part, either in law or equity, to the only proper use, benefit and behl10f of the said part y of the second part, its heirs and assigns forever. IN WITNESS WHEREOF, The said pal't y of the fil'st part loa S and seal the d"lY and year first above written. hereunto set his hand ~;~.iH:;d. Sealed and Delivered in the Presence of ""',.,.,'~?'"?~~= Edwa d W. Uorse~~' ----- ....[SEAL] ..",[SEAL] ...............[SEAL] "',........ [SEAL] STATE OF COLOIlADO, County of Pitkin } ss. The foregoing instrument was acknowledged before me this 1978,by' Edward W. :,lorse III. , ') I,. '1-!:J_ ,_X G-- day of .Jet C C h' bCi - My commission expires '7/ d ') ~ 199)....-. Witness my hnnd and official seal. / /'"', \... ' li VJ (v / .-,/\(; C,c'-t,U,,- \. (!/hif' 1.2 {. if .............................................................':~.................. .................................... / Notaq Public. . ,~_.----~ N~._!l33. QUI! CI.AUr DF.}:o.-n.rtllH('r,II"u~1I.blng.cO.:H~2~-(G.Sto.ut Street, Denver, CoIQrado -1'.71; '". 1 J. I, " ,I " " I ~ H " 'I !j d II I, I' iI " !! Ii r 'I , , ,. f It r , [ I I I I , I , , l I I I i , , Recorded a t....__ .._...._..................o'clock............M.. ..................................... ........................-............- Rewptiou No... .................._...... ............. .. n......... ....... .......... ......... ........._.......................Recorder. / .. .~, ....~ Tms DEED, Made this 26th day of December ,19 78, between EDWARD W. MORSE III of the County of Colorado, of the first part, and Pitkin and state of '!'HE CI'!'Y OF ASPEN, a municipal corporation, of the County of Pi tki n and state of Colorado, of the second part, WITNESSETH, That the said part Y of the first part, for and in consideration of the sum of '!'EN DOL~AHS and other valuable consideration --------------XB~ , ' to the said part Y of the first part in hand paid by the said part Y of the second part, the receipt whereof is hereby confessed and acknowledged, ha S remised, released, sllId! conveyed and QUIT CLAIMED, and by these presents do e S remise, release, sell, convey and QUIT CLAIM unto the said part Y of the second part, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said part Y of the first part ha S in and to the following described lot or parcel of land situate, lying and being in the County of Pitkin and State of Colorado, to wit: I' I il ii '!'hat portion of the access, ~tility and parking easement for 'I the benef it of Edward W. ;,iorse II I recorded in Book 293 at!: Page 873 in the records of the Pitkin County Clerk and Recorder " which encumbers the property deeded to the Ci ty of Aspen in :! Book 321 at Page 797 and located wi thin the NW!SW! in Section 7, " '!'ownship 10 South, Range 84 West of the 6th Principal Meridian, ~'I Pitkin County, Colorado, the tract of land being more particularl, described as follows: I Beginning at a point, said point being S49038' 48"E 1342.23 feet II from the west! corner of Section 7, Township 10 South, Kange 84 Ii West of the 6th Principal Meridian; t~ence N20016'E 15.79 feet; I thence Sl0032' 30"I: 40.45 feet; thence S19005' 07" W 41. ')0 feet; II thence S84019'~ 23,98 feet; thence N200l6'E 37.45 feet; thence II N84019'E 14.44 feet; thence N05041'W 29.66 feet to the point of beginninl". i ~ I TO HAVE l.ND TO HOLD the samel together with aU alld singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, 1'ight, title, interest and claim whatsoever, of th~ s~dd part y of the first part, either in law or equi'~y, to the only proper use, benefit and behoof of the said part y cf the second part, its heirs and as!'>igns forever. IN WITNESS WHEREOF, The said part y of the first part ha S and se8J the day and year first above written. hereunto set his hand Signed, Sealed and Delivered in the Presence of , ..,)-~~~~SEAL] Edward W. ;iorse IiV..... ...."..,....'. ................"....',......,.,..,........ .., ...., [SEAL] .__... n....n.n..._. n..n.. ...n...n." ...n..n....n . ..... _..._n._...n, ..' [SEAL] . ..._..........................__n .. .................n........._n....n..__... ....n.n_.......nn._...n... ............n....... ..._.._.._.._ ................... [SEAL] STATE OF COLORADO. County of Pitkin } .s. The foregoing instrument was fi('.knowledged before me this 1978, by' Edward IV. ;lorse I I I. . //--- ,) f,~.-- C'~/'\ l.k' day of , . 1)..... j" l Ck tJ '- ',}_lc'__ l\fy commission expires ;- d. ') , 19 S 2'.: Witness my hancl. and official seal. ..................-........................"... V(l_.~Y({ f v(~~"10(,'~ t (('- ................-.....-.-....-............-...-......-.-........................ .-..-....................... .' Notary Public. . i .' No. 933. QuaT CLAIM DElm.-Drlldford l"\lblisllin~ Co., 182.-46 Stout StrC'Ct. DcTtVcor, Colorado ...."ili --".' CITY OF ASPEN. MEMO FROM DAVE ELLIS 1)/7 I' cf/~r~ ~i~~ rf~~~ ~ ~ e[~7~'. f-!e wdI ~ ~~4:.- ~ ~ '1 A?o~~ ~,fi,6 0' 4"",," ;: /"f, /f~ - t: -1 tJ;2. ?- 7 ~ ;;; \/ /'1'. -Y'''f.t \+-.2-9. '-6" =- J t" <j9' /..1 4<~ .- Te' If ...a.....- (9 ;;;2 'if, " ~ ::::;zI f 7 jj ! : I , ftJr3 II If// p)"J \ a-j ~o.. ~ \Ii /~y' /0/ tI-- N 8"l"9' E /'1',-9-"1- ~ 'l' , f\. l') '-4 , ~ '...""'............ b <10 d / ~ \!l t>: " ~ " " , ~ <. S 8"'- , 19 aJ ;l;3. 98 \'i1 ~ ~ " ~ ~ ~ I:, I') , ~ "" - ~ ...... '" i.'."..,...." ;J -11" 38' /f'8" tV 1 . -~2. ;2 3 / .J -/ ' . - . '!II"" ...------.- CITY OF ASPEN. MEMO FROM DAVE ELLIS /97?:> AI. /11;/1 51. R.~, vJ. 6~ ......./" &111'-/ ex:t;/"1j fU0/1.~ '~f~ f;t1~../s 17)<. jJ, /1tll s{. v~~~ prOM c[a\~, fl,j", f;' ~ .f. eud-,.,j,;" ,;(' JI./, If ~-/ 5 V-€-#~r<- .bUtl/'vtJf ''""''-:~ t' CITY OF ASPEN 130 south galena Hrcet aspen, colorad},"'SI611 '. November 30, 197& Mr. Edward W. Morse c/o Mason & Morse 303 South Galena Street Aspen, Colorado 81611 Dear Mr. Morse: Enclosed are duplicate originals of the Curb, Gutter and Sidewalk Improvement Agreement and the Easement Agreement for Mill Street Venture Project. I wish to ask your indulgence in re-signing these documents. I have enclosed copies of the original documents which were lost after the signing and before recording. If you have any questions kindly call me and I will do my best to answer them or get the answers for you. Sincerely yours, Louis Buettner City Surveyor LB:mc Ene. ~. ; .', ~f: , ~."i--"7 ". . .,'~ '!',,"' . ; Tn"'" "r.". .-:~~~-~ .~:t." , .. .:. :\' '; .. . , " " " . .. . ~;"'r. ,; . ....:9:--..; .~ 1.- Hr III l~ Ie ~ I i I [ i i \ : i -'po : t, > CURB, GU'!''!'ER AND SIDEWALK IMPROVEMEN'!' AGREEMEN'!' BE'!'WEEN '!'HE CI'!'Y OF ASPEN AND '!'HE MILL S'!'REE'!' VEN'!'URE WHEREAS, Edward H. Deming, David A. Baxter, Edward W. Morse III, and Mountain States Communications, Inc., a Colorado corporation (hereinafter referred to as "'!'he Mill Street Venture"), are owners of the real property located at 465 North Mill Street, Aspen, Colorado; and WHEREAS, the Mill Street Venture has recently completed construction of a building called the Mill Street Venture Commercial Building and desire to obtain a certificate of occupancy; and WHEREAS, the Mill Street Venture property is within a district requiring construction of curb, gutter and sidewalk prior to issuance of a certificate of occupancy or, in lieu thereof, an agreement for future construction pursuant to Section 19-100 of the Municipal Code; and WHEREAS, the City Engineer deems the construction within three years of curb, gutter and sidewalk on North Mill Street to be unfeasible due to existing conditions and future City plans for improving Mill Street, NOW, '!'HEREFORE, the parties agree as follows: 1. '!'he_M~~_l Street Venture a&,reel? to construct~urb., gutter and sidewalk along the North Mill Street frontage of their property (approximately 270 feet) at such time as the City of Aspen deems construction necessary and feasible. It is acknowledged by all parties that the present requirement is for two (2) foot gutter, six (6) inch vertical curb, and five (5) foot wide concrete sidewalk. 2. In the alternative, at the City's option, the City may construct the above improvements and the Mill Street Venture shall reimburse the City for all costs of such construction. Reimbursement shall be made to the City within ninety (90) days after receipt of invoice. --:.J,. . :.. ~'- .-lo r 3. '!'his agreement shall be binding and shall inure to the benefit of the heirs, assigns, and successors in title of the parties hereto. . Entered into this 8th day of September, 1977. MILL S'!'REE'!' VEN'!'URE Edward H. Deming David A. Baxter Edward W. Morse III MOUN'!'AIN S'!'A'!'ES COMMUNI CA'!' IONS , INC. By Its -- -----~-----~ ---::. - ___ 0- _ ,- -. .. CITY OF ASPEN, COLO~ADO A municipal corporation By Its' ~. ---~ - --~ . - -.._---- - ~- ....:. -;::''::; 0-- ~ . - ,- --~ ~ - .'.. ..- n.. _ __ - - -- -.- --.. ..:;...._:.:....0-.-. _. -2 .:.~z~_ .,.-,-.......-- - - --- - - --- . - .. - ..... -- -"~ ,. -'- -..... :.: ...:. -~. " ; - ----.. --- ';"..1t..~_~~ ~_ LllCo.: - -.- _. - .. ....""....:::_-'"-"-- _:'" :.:.:,:.:Y,"';:' ::'=",:,:-o,-~:.:;=':::.:?: ~::.: - ',-- --- - --- ~ ,- ~.. -- - ~----- -:.;..-~.._._..:..:; ..._-;:,: -.- .:c:- __.;.. 2-G3~-:': C, - ': ,.-..-.....--.... ''-''-''.- ---- -- "'~~-'-- r~.::.......;.~_....., _..:. ;::'-=:.~__-., ,- .. "'""I;:: ~__ ---.~ ~~- ~. -:- -2- EASEMEN'!' AGREEMEN'!' '!'HIS AGREEMEN'!', made and entered into this 8th day of September, 1977, oetween DAVID A. BAX'!'ER, EDWARD H. DEMING, EDWARD W. MORSE and MOUN'!'AIN S'!'A'!'ES COMMUNICA'!'IONS, INC., a Colorado corporation (hereinafter referred to as Grant;ors"), ~',;~:--i' J .' ~;_.. and '!'HE CITY OF ASPEN, COLORADO, a municipal corporat~ori;(herein- after referred to as "Grantee"). R E C I '1' A L S 1. Grantors are the owners of the fOllowing described real estate in the City of Aspen, County of Pitkin, State of Colorado: A tract of land situated in Section 7, '1'. 10 S., R. 84 W. of the 6th P.M., being described as follows: Beginning at a point being S40002'57" E 1,451 feet from the West 1/4 corner of Section 7, T. 10 S., R. 84 W. of the 6th P.M. (a 1954 unapproved brass cap in place); thence N200l6' E 224.60 feet; thence S840l9' W 80.56 feet; thence N 05041' W 66.33 feet; thence S84019' W 203.00 feet; thence 222.1 feet along a curve to the left. with a radius of 668 feet and whose chord bears S25040'02" E 221.1 feet; thence S66048'31" E 125.30 feet to the point of beginning. THEREFORE, in consideration of the mutual benefits to be derived hereby, and other good and valuable consideration, it is agreed by the parties as follows: A G R E E MEN '1' 1. Grantors do hereby grant and convey to Grantee a perpetual non-exclusive easement for purposes of ingress and egress ever and acress a pertion of Grantors' property described as follews: A strip 'Of land varying in width frem 20 feet minimum te 24 feet maximum, being ceincident with the Granters' uriveway and parking let aisle; 'beginning at the easterly preperty line, alse the westerly right 'Of way line 'Of Nerth Mill Street; thence nerthwesterly to the nertherly preperty line. 2. At the optien 'Of either Granters 'Or Grantee, the abeve easement will be mere specifically described by field survey 'Of the finished imprevements. Such survey shall supercede the abeve descriptien. All necessary expense fer specifically defining the easement shall be borne by Grantee. 3. '!'here is reserved to Grantor the right to utilization and enjoyment of the above-described easement provided the same shall not interfePe or be inconsistent with the rights herein granted. 4. Except as otherwise specifically provided herein, all of the provisions of this agreement shall be binding upon the heirs, personal representatives, successors and assigns of the parties hereto and shall inure to the benefit of the successors .~ and assigns of the Grantee. t(f{:, Dated: David A. Baxter Dated: Edward H. Deming Dated: Edward W. Morse MOUN'!'AIN S'!'A'!'ES COMMUNICA'!'IONS, INC. Dated: By Its 7HE CI'!'Y OF ASPEN, COLORADO A Municipal Corporation Dated: By Its ATTES'!': Kathryn S. Koch City Clerk -2- -:-J,.. ->r- .C..\:. -.--10 .' h.',. ,j l- ,..- 0=--:_ t:' '1'1' "'-1' I 'Ii I' , ,\ , , " ,Ii " 'il: ill iil II! I f ! Regular Meeting Aspen City Council ____._~__~~ovember 22, 1 ~~ { Ms. Patterson stated the entire request was $1120. The kids said they would paint the building, carpet has been donated. Councilwoman Pedersen moved that any expenditure neceesary for capital improvements t:c.,:,_, out of the $2000, and that the in-house help come out of another fund; seconded by Councilwoman Johnston. All in favor, motion carried. RIVERVIEW CONDOMINIUM - Request for encroachment Jim Martin, applicant, told Council he had talked w~th Dave Ell~s, eng~neer~ng depart! '. ~. and had found common ground. Riverview is asking for a I foot encroachment on Hopkl~ ' street and a fence down the boundary of the City alley which is currently landscaped ;. grass. Martin submitted a revised map of the encroachments. Ellis had asked for ri(', ~ of ingress and egress across the west five feet of the property to make sure people l;~:' the right to get down to the river from Hopkins street. '- Councilman Behrendt moved to approve the encroachment with the usual stipulations ant: indemnification; seconded by Councilman Parry. All in favor, motion carried. SUBDIVISION EXEMPTIONS 1. Williams. Hal Clark stated this is an application for subdivision exemption dealin,; with previously platted townsite lots. It is the opinion of the planning office thut it would achieve no purpose to put this through normal subdivision review. The planrll:: office recommends approval. The land is zoned R-6. Councilwoman Pedersen moved to approve the subdivision exemption; seconded by Councill:. De Gregorio. Councilman Behrendt asked why exempt this project when the City may be likely to get four huge structures. Planner Bill Kane said the planning office would like to implu.v:~ a FAR in the residential areas, but has not done so. Albie Kern told Council the zoning controls what can be built on this property. It is zoned for two lots sin9lc family dwelling, and a duplex on the three lots. Councilwoman Johnston stated she fc.l' this would have too much impact and should go through subdivision review. City Attan, Stuller pointed out that applicants are required to submit a floor plan only if the~' plan to condominiumize the building. There will be some zoning and FAR restrictions coming from P & Z in the near future that will affect this building. Council asked tl; this project be flagged in the building department, and if the applicant comes in for a building permit to have it checked through Council. Councilmembers De Gregorio, Parry, Wishart, Pedersen, and Mayor Standley in favori Councilmembers Johnston and Behrendt against. Motion carried. 2. Fasching Haus. Clark stated this was a request for exemption for units 4A and 4 u~ the existing Fasching Haus building. These units were not originally part of the condominiumization. Councilman Behrendt asked that this be tabled so that he could investigate the units. Brian Goodheim told Council that he had been asked to support this application. Goodheim stated he would on the basis that unit 4A, which is the basement, be dedicated to employee housing. Councilman Behrendt moved to table this for one meeting while it is investigated by th(. building department and Behrendt; seconded by Councilwoman Johnston. Included in this is consideration of drafing a specific agreement to put one unit into employee housinG. All in favor, with the exception of Councilmembers De Gregorio and Parry. Motion carrid., 3. Alp~ne Acres. Clark stated this subdivision exemption was merely a conveyance to t~r i City for use as right-of-way for Gibson Avenue. The land will be not used for developmr~~ purposes. Councilman De Gregorio moved to approve the subdivision exemption; seconded by Council- woman Johnston. All in favor, motion carried. 4. Mill Street Venture. City Engineer Dave Ellis told Council the applicant had applir~ for a building permit in May. When Building Inspector Meyring inspected the survey, he found the applicant claimed their property extended into the City's right-of-way ~n j North Mill street. The future plans call for the City widening Mill street. EIl~s stat~ if the applicant would deed this property to the City and consolidate their curb cuts, it would be in the best public interest. If the applicant does deed property to the City for a right-of-way, then the applicant will have to get a variance from the Board of Adjustment. They will be under the 25 per cent required open space. The City is asking for a strip of land 250 x 25, which will ultimately provide a 80 foot right-of-~~~. for North Mill Street. The applicant has agreed to work with Morse to provide an ease1nt..- to the adjacent Aspen One property. Councilman De Gregorio moved to approve the subdivision exemption; seconded by CouncilmJ;'" I Parry. All in favor, motion carried. 5. Tveite. Clark told Council this is an application for subdivision exemption for an existing duplex in West Aspen subdivision. The P & Z reviewed this and recommended d approval of the exemption. Mayor Standley asked if the rental restrictions were place on this application. Clark answered that the P & Z did not make that a condition in this particular case. Mayor Standley stated he was not interested in short term rental units, and wanted an agreement drafted that the units must be owner-occupied x per cent of the time. Gideon Kaufman suggested that the restric tion be six monts rental or two rentals per year. Councilwoman Pedersen moved to exempt from subdivision with the contingency of a six nD- month rental or two rentals per year besides the owners; seconded by Councilman De GregO All in favor, motion carried. PETER VAN DOMELEN ATTORNEY AT LAW SUITE 202 MILL & MAIN 8UILDIN13 400 E. MAIN STREET ASPEN, COLORADO 81611 (303) 925-6415 December 8, 1976 Ms. Sandra Stuller City Attorney 130 S. Galena St. Aspen, Colorado 81611 Re: Mill Street Venture Dear Sandy: In connection with finalizing the Mill Street Venture matter, I enclose herewith for your review the following: 1. A survey of the premises. 2. A copy of the most recent title insurance pe,licy with respect to the premises. 3. A copy of the presently outstanding Deed of Trust on the premises for the benefit of the First National Bank in Aspen. 4. A copy of the legal description of the premises to be conveyed to the City as prepared by Survey Engineers. 5. A copy of the proposed Partial Release of Deed of Trust. 6. A copy of the proposed Quit Claim Deed to the City of Aspen. I am aavised that Clayton is in a position to issue the building pernLit against the conveyance to the City of Aspen of the add- itional right-of-way. If the enclosures meet with your approval, we would like to close this matter within the next ten (10) days if possible. I shall await your advices. Yotrrs~erY truly, \/1 ~~ Peter Van Domelen PVD/pp cc: W.Morse '-F----r . . ... ~ REGISTERl:D IN COLO., NEW MEXICO AND UTAH .. ~ SURVEY ENGINEERS. INC. ~~P>J7CC' a, oj!" ~~~;& W' 682 BRENTWOOD DRIVE PALISADE, COLORADO 81526 PHONE 303-454-7568 l~c;pl./ c, 'v 'v ELKS BUilDING ---------- P.O. BOX 2506 ASPEN, COLORADO 81611 PHONE 30],925.3816 PRINCIPALS: GERARD H. PESMAt'J, P.F. , loS. MAX r. MOHRIS RICHARD F. BARTON, L_S. ; I [Ie L,ll" ,i, " c l,r;c !iC VI dc;; c:ri. p~,.j Ol":;"; felr Lilat p"rcc.l. of l.:"nd "j,tu~,tod :j:~ ,l..- LC _ I:: I; ".: ~J i.' lie t, :,.1 !.;l jC'"rccl -'~_.- ,--- (.,C'J ue uceoeci l.-~) .,,:10', Dr J,Den) _.'L-....___. ---___~_ --_.~",,--,.- ----.........-- il. tr.~cL -. ;lid ; :_"~J Leu :in ;;cc. 'I 'j'10.s l~()ll'\\: of the Gth 1,':.L. beinc de:.-,c:r<LLd ',;:1 ;,':1:_-,: c'~cr ; c. ? 0\ "1,02'0" I ,"("l" ,.), 'C / _' ne: C, Cllj'. 1'1. 1,1,',1. 00 (a ,fA fl~. frOLl Lhc -.\'_~ un:, f)')rovcd Hr.Jr:;s C:,'p F',(;" 'r];; :\ "J\ n (: DUj n ' _L n ~i i C ~~ ;' ; 1~:; 8 -C::C C ;" ) , I .' Ii ~ ,I-I. (-,\) fL. tLCi'iCf; 'L! -,~ , i' j ,I ;.1: .11.-'-1 n U]cr~cc: Ii,; ') I; I !','f " ~ \J) [':.. c n C~-j C (j " .\<.', ,jJJ.\:) I L...'. '/) f,". thence '1 (/).. -, , ;.: (lll ~-, ,!_._ j ...JC~ J. .'; i '; (). i l:J l' ~ . , t' . i,:) (', I 'nence ,....1) Uj II;, :'!jO.OO fi,. _' 'J. ( 1 / 1 11 ','f .' '1(\ " ~Ji8nCe he, IrO j '. I L;;. ( j "-.(~. 5, I'.) ';.,:/ . ;~;;; :.: q . ,1' l . l~::J tte po_in L .01" uet;innj.ng, cant :li_ning ~ kb ( SCHEDULE A ( AMOUNTS150,000.00 Effective Date: June 3, 1976 at 8:00 A.M. POLICY NO, M 1 007487 76-04-39 1. Name of Insured: FIRST NATIONAL BANK IN ASPEN 2. The estate or interest in the land described in this Schedule and which is encumbered by the insured mortgage is:(a fee, a leasehold. e Fee simple 3. The estate or interest referred to herein is at the Effective Date of this Policy vested in: EDWARD H. DEMING, DAVID A. BAXTER, EDWARD W. MORSE, III, and MOUNTAIN STATES COMMUNICATIONS, INC., a Colorado corporation. 4. The mortgage, herein referred to as the insured mortgage. and the assignments thereof. if any. are described as follows: Deed of Trust from Edward H. Deming, David A. Baxter, Edward W. Morse, III, and Mountain States Communications, Inc., a Colorado corporation, to the Public Trustee of Pitkin County, Colorado, for use of First National Bank in Aspen, to secure $150,000.00, dated June 1, 1976 and recorded June 2, 1976 in Book 312 at Page 637. . 5. The land referred to in this policy is described as follows: Please see Exhibit "A" attached. Aspen EXHIBIT "A" ATTACHED AND HADE A PART OF US LIFE TITLE INSURANCE COMPANY OF DALLAS POLICY NO. M 1 007487 LEGAL DESCRIPTION A tract of land situated in the Northwest one-quarter of the Southwest one-quarter of Section 7, Township 10 South, Range 84 Hest of the 6th P. M., described as follows: BEGINNING at a point from \.;hence the .vest one-quarter corner of said Section 7, bears North 390 58' 22" West 1124.96 feet, said point being the Southwesterly corner of tract of land described in Book 177. at Page 618; thence on a curve to the left \'lith a radius of 668.00 feet a distance of 222.1 feet the cha.rd of \.;hich bears South 250 40' 02" East 221.1 feet, along the Northeasterly line of a tract of land described in Book 276 at Page 604; thence South 660 48' 31" E3st IS:!. feet along the Northeasterly line of said tract of land described in Book 276 at Page 604 to a point on the North\vesterly line of tr2,ct of lcmd described in Book 180 at Page 345; thence North 190 OS' 07" East 240.00 feet along said North\vesterly line to the most Northerly corner of said tract of land described in Book 180 at Page 345; thence ~orth 100 32' 30" East 63.00 feet to the Southeasterly corner of said tract of land described in Book 177 at Page 618; ther.~e South 840 19' West 5.00 feet alor.g the Southerly line of said tract of land described in Book 177 at Page 618; thence South 050 41' East 66.33 feet along th~'Easterly line of a tract of land described in Book 293 at Page 873; thence South 840 19' Hest 95.00 feet along the Southerly line of said tract of land described in Book 293 at Page 873; thence North 050 41' West 66.33 feet along the Westerly line of said tract of land described in Book 293 at Page 873.to a point on the So~therly line of said traet of land described in Book 117 at Page 618; thence South 840 19' West 203.00 feet along said Southerly line to The Place of Beginning. pitkin County, Colorado. This Policy does not insure against loss or damage by reason of the following: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records.. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the pt:emises would disclose and which are not shown by the public records. 4. Any lien. or right to a lien, for services, labor, or material theretofore or hereafter furnished. imposed by law and not shown by the public records, NOTE: Exceptions numbered 1. 2 and , are hereby deleted, Please see Exhibit "B" attached. . SCHEDULE B-PART II In addition to the matter. set forth in Part I of this Schedule. the title to the estate or interest in the land described or referred to in Schedule A is subject to the following matters, if any be shown, but the Company insures that such matters are subordinate to the lien or charge of the insured mortgage upon said estate or interest: EXHIBIT "B" ATTACHED AND NADE A PART OF US LIFE TITLE INSURANCE CONPANY OF DALLAS POLICY NO. N 1 007487 5. The lien of all taxes and assessments for year 1976, and thereafter. 6. All existing easements, licenses, rights or rights of way for pipe lines, pole and wire lines, roads, ditches, or otherwise, upon, along, over, or across the subject property as excepted in deed recorded in Book 177 at PaRe 620. 7. Easement for the use of Edward W. Morse, III, for purposes of access, utilities and parking as granted in deed recorded in Book 293 at Page 873. 8. Reservations and exceptions as contained in United States Patent recorded June 8, 1888 in Book 55 at Page 2 as follows: right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted. 9. Any tax, assessments, fees or charges by reason of the inclusion of subject property in Aspen Fire Protection District, Aspen Metropolitan Sanitation District, and Aspen Valley Hospital District. . Recordf'd at.._.. ..3r . ......_.p.o'clock ,1,e,:12:,)3_ ..._.p.. .:'11., ........Jt.ln~.. ~.) Jul ie Hane mJ.';j1.P~ \ .............................. 0'; 0 ... DCOYVl t.;; ',.. t::'.1 ...m....Hl:'corde~: ", ~..' r.d.lL Uv ' / .~. . '-..--- Reception No. . -~-----~------- . -:::=C:::. ::.:.:. .----c::======.::T=-=--;;~~ORD;~;~ STA~I~- "T I II I ,I I ' I I I ! , I Ii Ii Ii I I ! i I I I I I , I Ii Ii I' 'I per cent per annum, payable II interest due and le- Ii I THIS INDENTURE, Made this 1st 19,76 , betwet>n i EDWARD H. D&~ING, DAVID A. BAXTER, EDWARD , I and MOUNTAIN STATES CO;1MUNICATIONS, INC., I corporation whose address is P.O. Box Q Aspen I County of Pitkin and State of Colorado I parties of the first part, and the Public Trustee of the I County of Pitkin in the State of Colorado, party of the I second part, \Vitnesseth: Ii THAT WHEREAS, the said ED.,ARD H. DEMING, DAVID A. BAXTER, EDI"ARD H. MORSE CO~NICATIONS, INC., a Colorado corporation day of June H. MORSE III, a Colorado III, and HOUNTAIN STATES ha ve executed their principal sum of ONE HUNDRED FIFTY THOUSAND & 00/100------ ($150,000.00) -------------------- Dollars, promissory note bearing even date here\vith for the payable to the order of FIRST NATIONAL BANK IN ASPEN , I I I I , I I I i , I I : i NO'V THEREFORE. The said parties of the first part, in consideration of the premises, and for the purpose j i aforesaid, do hereby grant, bargain, sell and convey unto the said party of the second part, in trust forever, i the following described property, situate in the County of Pitkin .. and State of I Colorado, to wit: A tract of land situated in the Northwes t one-quarter of the Southwest one-quarter of Section 7, Township 10 South, Range 84 West of the 6th P.M., described as follows: whose address is P.O. Box 3318 Aspen, Colorado 81611 after the date thereof, with interest thereon from the date thereof at the rate of 9.5 in one single payment of the principal balance plus accrued payable in full on or before maturity, December 1, 1976. :1 I. I' II II II I! 'I I I I , ! i Ii tract Ii line II Ii most;! II II I i AND WHEREAS. The said parties of the first part are desirous of securing the payment of the principal and interest of said promissory note in wh ose hands soever the said note or any of them may be. 'iI BEGINNING at a point from whence the West one-quarter corner of said Section 7, bears North 39058'22" Hest 1124.96 feet, said point being the Southwesterly corner of tract of land described in Book 177 at Page 618; thence on a curve to the left with a radius of 668.00 feet a distance of feet th-~ chord of which bears South 25040' 02" East 221.1. feet, along the easterly line of a tract of land described in Book 276 at Page 604; I thence South 66048'31" East 151 feet along the Northeasterly line of said ; i of land described in Book 276 at Page 604 to a point on the Northwesterly Ii of tract of land described in Book 180 at Page 345; I' thence North 19005'07" East 240.00 feet along said Northwesterly line to the I Northerly corner of said tract of land described in Book 180 at Page 345; thence North 1;)032'30" East 63.00 feet to the Southeasterly corner of said tract t of land described in Book 177 ,at Page 618; I thence South 84019' West s.DO feet along the Southerly line of said tract of I land described in Book 177 at Page 618; ! thence South 05041' 'East 66.33 feet along the Easterly line of a tract of land I described in Book 293 at Page 873; ! thence South 84019' West 95.00 feet along the Southerly line of said tract of i land described ~n' Book 293 at Page 873; thence North OS 41' West 66.33 feet along the Hester1y line of said tract of land described in Book 293 at Page 873 to a point on the Southerly line of said tract of land described in Book 117 at Page 618; Thence South 84019' West 203.00 feet along said Southerly line to The Place of , Beginning. 222.1 North- COUNTY OF PITKIN STATE CF COLORADO -..-.---.---...------------.---- _._--~-~-~- No.840A. DEED OF TRUST.-Publie Trustee.-Renivers Clau,e.-Attorne,.'s Feu. -BraJrord I'llhli~hinK Co., 18~4.t6 Stout Street. n...nver. Colorndo-.IO-75 ; I II I Ii , r----------------- r--- --- II Ii Ii II II JI Ii I I I " BGc:~3i2 i1c~f1J8 --::-.-::::-----=.="--::-:~~=---=--=::::-.:::.:::..-=::---::::.="-;"::::--=--=-::::::~ I I d I' ,I ;1 I' I I i I " : i front door of the Court House, in Aspen County of Pi tkin and State of Colorado. 11 or on aaid premises. or Ilny part thereof. as may be specified in the notice of such sale, for the bi2'hest and ~:!t price I! the same will bring in c2.sh. four weeks' public notice having been previously given of the time and place of such sale, Ii : I by advertisement, weekly. in some newApaper of genera] circulation at the time published in said II County of Pitkin a copy of which notice shall be mailed i i wiU"Jn ten days from the date of the fint publication thereof to said part of the first part at the address ~ i herein given and to such person or persons appearing to have acquired a subsequent record interest in said real I estate at the adqres9 given in the recorded instrument, where only the county and state is Riven 8S the acdresl! then such notice ~hall be mailed to the county seat, and to TT'_ake and give to the purcha!cr or purchasers ot such property at such snle a certificate or certificates in writing describing such property purchased, and the sum or surne ): paid therefor, and the time when the purchaser or j:mnhasers (or other person entitled thereto) shall be entitled to a :! deed or deeds therefor. unless the same shall be redeer:.led as is provided by law; and said Public Trustee ehalI, upon demand by the person or persons holdin~ the !'laid certificate or certificates of purchase, when said demand is. made, or upon demand by the person entitled to a deed to and for the property purchased, at the time 8uch demand is made, the t.1Ulc for redemption having expircc, make anti execute to such per.::on or persons a dted cr deeds to thr s~id prope:rty purchased. which said deed or deeds shall be in the ordinary form of. a conveyance. and shaH be signed, acknowledged and delivered b~. the &aid Public Trustee as grantor, and Bhall convey and Quitclaim to such person .! or persons entitled to such ~eed. !is grantee, the said property purchased as eioresaid, and all the n,::ht. titIe, interests. oenefit and equity of redemption of the part ies of the first part, their heirs and assigns 'I therein and shall recite the sum or sums for which the aaid properly was Bold and shall refer to the power of sale herein contained, and to the aale or sales made by virtue thereof; and in case of an assignment of such certificate or certificates of purchase. or in case of the redemption of BUch property by a subsequent encumbrancer, such assign- : 1 ment or redemption shaH also be referred to in fiuch deed or deeds; but the notiee of 8s1e need not be set out in such deed or d~s: and tbe said Public Trustee Eball. out of the proceeds or avails of Euch sale, after first paying and :) retaining all fees, charges and costs of making said Bale, pay to the beneficiary hereunder or the legal holder of &aid ! note the principal and interest due on said note according to the tenor and effect thereof, and aU mcneys advanced by such beneficiary or legal holder ot said note for insurance, ta.:xes and assessments. with interest i thereon at 12 per cent per annum, rendering the overplus. if any, unto the said part ies ot the first 'Part,their i I legal repre8entatives or assigns; which Male or salea and laid deed or deeds 80 m!!de shall be a perpetual bar, both t, ,I in law and equity, 8R'ainst tbe said part ies of the first part,their heirs or auigns and all other persoIls claiming the said property. or any part thereof, by, froml through or under said part ies of the first part. or any of them. The holder or holders of said note or notes may purchase &aid property or any part thereof; and it shall .! not be oblirratory upon the purchaser or purcha.c;ers at any such sale to see to the application of the purchase money. If a release deed be required. it is agreed that the part ies of the first part, theirheira or &S8igns, will pay the expen5e thereof. And the said part ie s cf the first part, for thems el ve s and for the i r heirs. executors, and administrators, coveT-ant and agree to and 'V'..ith the said party of the second part, that at the time 01 the enBealing of and delh-ery of these presen~ they are well seized of the said lands and tenements in fee aimple. and ha ve good right, full power and lawful authority to grant, barjtain, eell and convey the snme in manner and form as aforesaid; hereby fully and absolutely waiving and releasing all rights and claims they may : i h~ve in or to said lands. teneme.nts, and properly as n Homestead Exemption, or other exemption, under and by virtue of any act of the General As::;embly of the State of Colorado now exiBting or which may hereafter be passed in '! relation thereto; and that the same are free nnd clear oi all liens and encumbrances whatever. i TO HAVE AND TO HOLD the same, together with all and singular the privileges and appurtenances, thereunto !! belonging: In Trust Nevertheless. That in case of default in the payment of said note or any of them, or any Ii ., part thereot. or in the payment of the interest thereon, according to the tenor and effect of !sid note or any of i! them. or in the payment of any prior encumbrance, principal or interest. if any. or in ease default ehall be made in I or in ease of violation or breach of any of the terms, conditions. covenants or agreements herein contained, the bene- I ficiary hereunder or the legal holder of the indebtedness secured hereby may declare a violation of any of the cove~ I !! nants herein contained and elect to advertise said property for sale and demand such sale, then. upon filing notice of i [' .ueh election and demand for sale with the said party of the second part, who shall upon receipt of such notice of I eleetion and demand for sale cause a copy ot the same to be recorded in the reeorder's office of the eounty in which said ro".i .state is situated, it shall and may be lawful for said party of the second part to s.U and dispose of the same i I (en ma'~e or in separate parcels, as said Public Trcstee may think best), and all the right, title and interest of said ,'I part itS of the first part, their heirs or assigns therein, at public auction at the South !I : ~ i ! I 1i , ;1 , ii ': ,1 , :i :> j, :: " )) >> ( 3,' 2 r>';j-g ^--, ");t .(" .,""" ~ B:~'uY, ,1 J IlG.... \}, (( ,I i and the above bargained property in the quiet and peaceable possession of the said party 01: tne 5econd part. his successors and 3.8signs. against all and every person or persons lawfully claiming or to claim th~ whole or any part thereof, the said parties of the first part shall and will warrant and forever defend.. And that during the continuance of said indebtedness or any part thereof, the said part ies ot the first part will in due season P3Y all taxes and assessments levied on said propertYi all amounts due on account of principal and interest on prior encumbrances. if any; and will keep all buildings that may at any time be on said lands, insured against loss by fire with extended coverage endorsement in sllch company or companies as the holder ot said note may, from time to time direct, for such sums as such company or companies will in3ure for, not to exceed the amount of :laid indebtedness, except at the option of said part of the first part, with loss, if any, payable to the benefichry hereun~el', as its interest may appear, and will deliver the policy or policies of insurance to the beneficiary hereuncer, as fmber security for the indebtedness aioresl1id. Anu in case of the failure of said parties of the first part to thus insure and deliver the policies of insurance, or to pay 8uch taxes or assessments or amounts due Or to beccme due on &.r:lY prior encumbrance, if nny, then the holder of said note , or any of them, may procure such insurance, or pay such taxes or assesaments or amounts dt;,e upon prior encumbrances, it any, and all moneys thus paid, with interest thereon, at 12 per cent per annum, shall become 50 much additional in~ebtedneM. secured by this deed of tru,t. and shall be paid out of the proceeds of the sale of the property aforeaald, if not otherwise paid by the said. part ies of the first part, and such failure shall be a violation or breach of this covenant Dnd 8gT~ement. AND THAT IN CASE OF ANY DEFAULT, Whereby the right of foreclosure occurs bereunder. the said party of the seccnd part or the holder of said note or certificate of purchage, shall at once become entitled to the possession, use and enjoyment of the property aforesaid, and to the rents, issues and profits thereof. from the accru. ing of Buch right and during the pendency of foreclosure proceedings and the period of redemption. if any there be: and such possession shall at once be delivered to the said party of the second PL.";: ~-or the holder of said note or certificate at purchaae on reques~ and on refUAl, the de1i~ery of such possession may be enforced by the said party of the second part or the holder of said note or certificate of purchase by any appropriate civil suit or proceed.. ing, and the said party of the seeond part, or the holder of said note or certificate of purchue, or any thereof, " shall be entitled to a Receiver for said property, and of the rents, issues and profits thereof, after any such default. including the .tim~ covereu by foreclosure proceedings and the period of redemption, if any there be, anu shall ~P! I' entitled thereto as a matter of right without regerd to the solvency or insolvency of the part ies of the first part i: or of the then owner of said property and without regard to the value thereof, and such Receiver may be appointed I!, by any court of competent jurisdiction upon ex parte application, and without notice-notice being hereby expressly " waived-and all rents, issues and profits, income and revenue therefrom shall be applied by Buch Receiver to the j payment ot the indebtedness hereby secured, according to Jaw and the orders and directions of the court. ! i A..'lD, That in case of default in any ot said payments of principal or interest, according to tt~e tenor and effect j of said promissory note aforesaid, or any of them. or any part thereof. or of a breach or violation of any of the covenants or agreements herein, by the part ies of the first part. their executors. administrators or assigns, then and in that case the whole of said principal sum hereby secured, and the interest thereon to the time of sale, may at; once, at the option of the legal holder thereof. become due and payable, and the said property be Bold in the manner and with the same effect 8JJ if the said indebtednesa had matured, and that if foreclosure be made by the I Public Trustee, an attorney's fee ot the Bum of a reasonable amount of dollars for services .1 in the aupervislon of said forecloeore proeeedinga aball be allowed by the Public Trustee as a part of the costa of ~I i foreelosure, and if foreclosure b. made through the courts a reason~ble attorney' fee shall be taxed by the court !I as a part of the cost:::. of such foreclosure proceedinp. .... ..'~ _ 'j ~ // , IN WITNESS WHEREOF, the aaid part ies of th " re to set"./ their band! '~Z~ ' I and seal s the day and year fint aboTe written. /.' / f~!/ ~ I MOUNTAIN STATES COMMUNICATIONS, INC. ..'..Kilwar-d.. -1)'" ~iiiFp _.__n__n"''''''_''''''S'E'AL' ! a Colorado corp tion -S~~.$Q. _._:::,;..:...~.>:.n...~n.~_...n....~'I' B uaVl ~ ":-l, ,;;~-~ [RRALl ,.' n"'Edw'ii"ff~;~i~-€-h1nn... ~:.Z~S'E'A"L"j II I I Ii II II II !i WITNESS: _........h................._.._._..._n...__.__n....__.___.__.__nnuun_n......_..h~.n.. . STATE OF COLORAIl9', "_/ _ County of ~. 7;;1/;/\-0 } as. . .:~, Ii _\\,Il'Il:'J!I", 1; ! ,/ "2 '0 '" " The forego!ng instrument ~aS acknowl~ged bef~re me ~ / ~7:/:;- . pyjof. ...~,/~;:~':,~..~ .-?. Y~;~"'f~ II 19 (c.. b~' A}:'/('.<~<< ~, ku:M,( Jl '),X Cl,'"::;./ 4. ft'Zyl?-;; (;~b:e-#t.t;it(fS(.r/..)4:;::';' ,,' '/- 2/ L(:.e",,<:. '>.7;;- J'; , ..-</U~ a LL\CL~' (Y ,>(~6M./-t7 " (,0 ! '': " ,J ri My commission expires _;1. / . /' ~ .19 J2:r. Witneaa my hand and oUu::iaLSe~; ,''-..,.... (._' ~ I,., ~ 7JA'7u<,/ ,,' ,. : '1/, >'. : Ii //~. ~.~:~~.~.... v;"1D'1 .: ).f' -~~~,--> l.,'. //.. ? .-:::-" ......" ~ ~ ...-.. .:.": ..................c... .....L....._........ ......'<?:.""-c-..n"".._....._".....,,',.., I d -::' :', NbUi7 :PCb-lie.,. I .. "",,;,0 .'.f --j \.\ ,~.. 'I .". ''''-''1> -'I, , ~; ,.. \' , .--:'''''.'. :j !I :i Ii II !i " I I i :1 11 b, . If by Datural penton or peno1'1:1 here In/H!'rt name or name$: It by person:l acting In noprfSenbtive or otcidN cap.city or .. attorney.in- fact. then inlSert name or peMlon 10.11 exec;:utor, attorney-in.fact or other capacity or c1t'!lcription; if by officer or rorpot'atlon, then iDleM nam. ~r~~~~ e:~j.~~.r_o;,,~~rlee",. a:l the pr..ldll'nt ot' other officen ot BUl'h co~ratlon. naminir it. ~tatutory Acknowledgm~t, See. 118.6~1 Color.rIG ; I: I: ji I: I Ii Ii I: Ii !: Recorded aL..............................o.c1ock ...........M.. ... Reception No..... _ .....Recorder. KNOW ALL MEN lJy THESE PRESENTS, That,)Vhereas, Edwar If.-'Demlng, Davld A. Baxt"r, J;:award w. Horse II & Hountaln States Communlcatlons, Inc, A coio. of Aspen by their Deeu of '!'rust dated the 1st day of June , 19 76 , and duly recorded in the office of the County Clerk and Recorder of the County of Pi tk in , in the State of Colorado, on the 2nd day of June , 19 76 , in Book 312 at Page 637 (i~ reception No. 184253 )' conveyed to the Public Trustee in said County, certain property in said Deed of '!'rust described in trust to secure to the order of First National Bank in Aspen the payment of the indebtedness mentioned therein. RECORDER'S STAMP , orp. AND, WHEREAS, aaiiil:ilKkRbeJlll'Jl!l~JlI\3{~R~Miiltl:lX:ml~ the purposes of said trust have been partially satisfied NOW, '!'HEREFORE, at the request of the legal holder of the indebtedness secured by said Deed of '!'rust, and in consideration of the premises, and in further consideration of the sum of '!'hree Dollars to me in hand paid, the receipt whereof is hereby acknowledged, I, as the Public '!'rustee in said Pitkin County, do hereby remise, release and quit-claim unto the present owner or owners of the property hereinafter described and unto the heirs, successors and assigns of said owner or owners forever, all the right, title and interest which, I, as such Public '!'rustee have in and to that part and portion of the property, set forth and described in the aforesaid Deed of '!'rust, described as follows, to wit: A tract of land situated in Sec. 7 TI0S R84W of the 6th P.M. being described as follows: Beginning at a point being S40002'57"E 1,451 ft. from the W 1/4 corner Sec. 7 TIOS R84W of the 6th P.H. (a 1954 unapproved Brass Cap in place); thence N20016'E 224.60 ft.; thence N840l9'E 14.44 ft.; thence N05041'W 29.66 ft.; then~e N20016'E 15.79 ft.; thence S100 32'30"E 40.45 ft.; thence S19005'07"\'7 240.00 ft.; thence lJ66048'31"W 25.70 ft. to the point of beginning, containing 5,693.95 sq. ft., more or less. City of Aspen, Pitkin ~ounty, Colorado. situate,lyingandbeinginthe Clty of Aspen County of Pitkin and State of Colorado. '1'0 HAVE AND '1'0 HOLD the same, together with all and singular the privileges and appur- tenances thereto belonging forever. And further, that, as to the above described property, the said '!'rust Deed is to be considered as fully and absolutelyreleased,cancelledandforeverdischarged. Witness my hand and seal this day of ,19 AI th~ Puhlle Trulltee In said County of (SEAL) ................... .................................. S'!'ATE OF COLORADO, County of }ss. The foregoing instrument was .19 acknowledged before me this , by as the Pu blic '!'rustee in the said day of County of , Colorado. My commission expires Witness my hand and Official seal. .............. h ............. _............ ............. .............. h................................... Notal')" Publle. '1'0 the Public Trustee in said County of Please execute this release. JtMdntlJt~~I1!l4xP.3lc*~~ldl~ml~W~4d~11.~R~dl'M k . Rem~~Al.'.!kMt~ ~ First National Bank in Aspen ,,""'" ,B. y, ,:,...."""....""""".., no.. .... '.. ..... h, .i,t;~, 'h,.. "'on, no h h, no ...h.......'.... Th. lee..1 holder of the Ind~btednt'U .eeured by laid Deed of Trud. "In counties where book and page numbers have been abolished. No.927. PA.RTlA.L RELEASB OP DaBD OJ' TRU9T BY THB PUBLIC TRUBTD. -Bradford Publl8hm. Co., 18204_41 Stout Strftt. DeBY"" Colorado -1-75 Recorded ilL.................. ..o'clock._ .. M., n.. Reception No...... .. .... ....._........_.. ..._.....Recorder. Edward H. Deming, David A. Baxter, Edward W. Morse, III, and Mountain States Communications, Inc., a Colorado Corporation whose addre88 is County of pitkin , and State of Colorado . for the eonsideration of Ten Dollars, in hand paid, and other valuable considerations, hereby sell(s) and quit claim(s) to The City of Aspen, a Municipal Corporation. wbose address is County of pitkin , and State of Colorado , the following real property, in the County of pitkin , and State of Colorado, to wit: A tract of land situated in Sec. 7 TlOS R84W of the 6th P.M. being described as follows: Beginning at a point being S40002'57''E 1,451 ft. from the W 1/4 corner Sec. 7 TIOS R84W of the 6th P.M. (a 1954 unapproved Brass Cap in place); thence N20016'E 224.60 ft.; thence N84019'E 14.44 ft. thence N0504l'W 29.66 ft.; thence N20016'E 15~79 ft.; thence SlOo 32'30"E 40.45 ft.; thence S19005'07"W 240.00 ft.; thence N66048' 3l"W 25.70 ft. to the point of beginning, containing 5,693.95 sq. ft., more or less. City of Aspen, Pitkin County, Colorado. --------- J;:J[eJe~~:ng therefrom, that certain easement for t u~'and benefit of Edward W. Morse, III, as granted in deed recorded in Book 293 at page 873, pitkin County R~~ords. --.._--_._~ ._"_.~~---_._----_._-----_._--~ ._--~ '~ (~ ~ ~ with all its appurtenances Signed this day of ,19 Edw.ir~CI'i':mD'eiiiTngm.............................m.........m.... County of Pitkin Da..vTCi...P;.:....i3.ix.t'ermm..mm....m..m..mmm.mm.......... , E:awa.j'a..lr:."H'o'j'.se.;..'TU..m'..m............"'.,m........ /1ounta in States Communications, Inc. } By: 18. its STATE OF COLORADO, The foregoing instrument was acknowledged before me this day of ,19 , by Edward Ii. Deminq, David A. Baxter, Edward W. Morse, III, and Hilliam Dunaway as President of l10untain States Communications, Inc. My commission expires Witness my hand and official seal Ii '___._n__.n_u__,_"...u...h__,'n.n.....n.n.nun.nn_.n.nnun......_n.un.." I Nota.rJ" Public. -- - ~._- --- - _.....~-- No. 898. QUIT CLAIM DEED-Short fona- --Bradford Publlshmif Co., 1824.46 Stout Street. Denver, Colorado -10-75 jYl~ . . " .1' -~ CITY OF ASPEN 130 south galena aspen, colorado street 81611 August 9, 1976 Mr. David A. Baxter Mason & Morse Post Office Box Q Aspen, Colorado 81611 Re: Hill Street Venture 553 North Mill Street Dear Dave: Your letter of August 3 has been reviewed by the planning office, the City Attorney, and engineering, and we feel that the conditions expressed in the letter accurately reflect the city's concerns as discussed earlier. From a legal position, however, the zoning code (Section 24-12.7) prohibits the conveyance of any portion of a lot so as to create a new non-conforming use. ~his would be the situation if some of the open space were deeded as right-of-way after the building permit was issued relying on the original lot area. upon further consideration the concensus was that justifiable arguments did exist for requesting a zoning variance from the board of adjustment under the procedures and criteria of Chapter 2, Article II. Argument for a variance could be made because of hardship created by the city's request for additional public right-af-way, the need to improve public access and circulation to yours and the adjacent properties, the irregular lot shape, etc. The board of adjustment could condition the variance on those conditions enumerated in your letter. Application for a zoning variance would be made through the building inspector's office and requires a fifteen (15) day notice period for Thursday meetings. In order t,o deed the additional right-of-\'7ay to the city a subdivision exemption (Section 20-19) would also be required. The exemp- tion involves a written application to the planning commission and then consideration by the city council. Neither requires public notice and could proceed simultaneously with the variance I , Mr. uavid A. Baxter Mason & Morse August 9, 1976 Page 2 procedure so as to expedite scheduling. Bill Kane and I will be available to discuss the matter further. Very truly yours, DE:mc 'J:l ~ Eft;, Dave Ellis City Engineer cc Sandra M. Stuller Bill Kane Clayton !1eyring MM Mason &MORSe INCORPORATED "InIllRil8' POST OFFICE BOX Q ASPEN, COLORADO 81611 PHONE: 303 925-7000 / ~'J -~ 51u.1t..,. '/c'f~_ '7 ~ z.f pC--- August 3, 1976 Mr. Dave Ellis City Engineer City of Aspen 130 South Galena Aspen, Colorado 81611 Re: Mill Street Venture Commercial Building 553 North Mill Street Dear Dave: The purpose of this letter is to serve as a basis for an agreement between the City and the Mill Street Venture in connection with the issuance of a Building Permit for the proposed 20,000 square feet building. In exchange for the issuance of a Building Permit, based on the plans previously submitted to the City of Aspen, we would agree to the following: 1. Conveyance to the City of Aspen of a strip of land along North Mill Street required by the City in order to straighten the approach to a proposed new Roaring Fork bridge. 2. Relocating the curb cut for the vehicular access to the lower floor of the building from its present planned location to a location meeting the City's approval app- roximately in the middle of the Venture's Mill Street frontage. 3. The vacation of the curb cut made necessary for the 20 foot access drive to the upper floor of the building as presently planned if and when a public road is installed bordering the southwest portion of the property that can be used for access to this level. MM M8S0n&MORSe INCORPORATED "In linGi' POST OFFICE BOX Q ASPEN, COLORADO 81611 PHONE: 303 925-7000 Mr. Dave Ellis Page Two August 3, 1976 4. An easement for access and ingress for the. , . benefi t of the Aspen Metropol i tan Sewer Also c<I,. .(c;;'-~ Di stri ct over and across that road used ,f Mc.Fsc...~ for access to the lower floor of the subject building. To use our best efforts to influence Mr. Edward W. Morse to use this same lower floor access for his "Vilcor Building" parking, and, if possible, to assist in the rerouting of traffic entering the ramp to the lower floor of the "V il cor Bu il ding". -Also Is! k,,~1 k.d,.:q cfoJ:. o To submit to the City a mutually satisfactory landscaping plan to be finished either upon completion of the building or the immediate planting season thereafter. It is an understanding that in the interest of good planning and vehicular circulation that the City of \ Aspen will do its utmost to see that if a road is ~ installed as described in Item #3 above,or in the ~fi e immediate area thereto, that it will border subject ~ property so that access can be had to and from it. 5. 6 . If the above outline meets with your and the City Attorney's approval, we would appreciate notification as quickly as possible, so that we may finalize the agreement and proceed with the construction of our building. Very truly yours, MILL STREET VENTURE o c,-,~_'" () C-. 0",~fZ\ Davi d A. Bax;:r ) DAB/jlc . HEHORANllUM TO: Aspen City Council FROH: Planning Staff (lIe) RE: Subdivisic>n Exemption - Hill Street Venture DATE: November 17, 1976 This is a request for subdivision exemption by Edward Deoing, David Baxter, Eqward Horse, III and Hountain States Communications Inc., o1o'11ers of a parcel of land consisting of 52,302.9 square feet located at 533 North Hill Street, irilmediately north2ast of the Trueman site. The exemption will permit the transfer of a portion of this property to the City for the use of right-of-way for the proposed realignment of north }lill Street. The reduction of the property, by 5,693.95 square feet to 46,608.95 square feet will create non-conformance with the 25% open space requirement for this proj ect. This \.dll necessitate a variance from the Board of Adjustment. The Aspen Planning and Zoning CO)lllIlission on November 9, 1976 recommend cd approval of the subdivision exemption. The comments of the Planning Office are as follows: 1-0 The proposed subdivision does not cre3te a parcel for development purposes and therefore is not within the intent and purpose of the Subdivisivn Regulations. 2. We would support the variance for open space requirements before the Board of Adjustment due to the obvious "Catch 22" problem for the applicant. The City has requested the grant of this right-of-way so as to provide for future expansion and realignment of Mill Street, should the grant noc be made the City would be forced to condemn the right-of-way with the resultant creation of the open space deficiency. 3. A plat and site plan will be available at your meeting for your review. 4. The City Engineer recommends granting the subdivision exemption. 5. The Planning Office recommends approval of the request. A,r - /;fZ/7(P . \ '... - -~ PETER VAN D[]MELEN ATTOr~N.CY AT LAW SUITE 202 MILL & MAIN OUILDING 400 c. MAIN STF--?I:CT ASpeN. CDL(1I~^DO 01611 (303) 9Z!;.(.41S November 1, 1976 City Planning co~~ission City,Council City Ball Aspen, Colorado 81611 Re: Request for Exemption from subdivision Regulations Gentlemen: An Exemption from the application of the Aspen, Colorado Sub- division Regulations is requested with respect to the following described,transaction. '. Ed~lard H. Deming, David A. Baxter, Ed\':ard 1'7. Norse, III and Mountain States Conununications, Inc. arc the owners of a parcel of land consisting of 52,302.9 square feet, more or less, located at 533 llorth 11ill Street in the City of .".spel1. The legal description of the parcel and a survey thereof are attached hereto. The City of Aspen, acting through the City Er,';' :-'.eers Office, has formulated plans for the realignment of N~~th Mill Street and has advised the property o\o;ner that such proposed realign- ment ~lill require the accmisi tion of a portion of theis: land. Superimposed upon the survey \,:hich is attached hereto, is thc new westcrly right-of-way line of the proposed realigned Mill Street. To facilitate the City's plan for the realignment of Harth l1ill Street, the property mvner is ,villing to make a gift to the City, by quit claim deed, of all of its interest in that portion 'of said parcel which lies easterly of the new westerly right- of-way line of the proposed realigned Nort~ Mill Street. The legal description of the property which is to be conveyed to the city is attached hereto. r' .' ",":'. ,./ ~. Ot:mC) dd/aAel S.J:aUMQ X:t.J:ado.J:Cl .J:oJ Xau.J:o:t:tv U0t0UlOa Ut'L\ .:ra:taa "J"h?~~ (! ~f;\ :,' 'Xtn.J::t X.:raA s.J:nox 'a0Ut'XaAUOO pasodo.l:cT s~l{:t :t~llf.:racT o:t .:r0p.J:0 u~ pa:].sanba.J: s~ suo~:tt'Tnb8U UO~SrArp -qns 'oPt'.:rOTO;) I u8dsV aWl JO uor:]. t'::>~Tddt' 0lp mO.l:J UOr:j.dtu8Xa uv o Tv0.l:t'd al{':J. JO .J:0pU~l?tua.:r aq:+ uo DUrpT',nq tt'F'.J:0tullf00 P0uut'Td al[:+ JO uOT'i0n,:qsu00 atp 'i TULl:ad 0:]. St' os 0PO;) nu::uoz uods,! 8ln JO S:J.u')tuu;c::n00.:r "a0t'ds u0do" 0ln uT 'iU0uqsn~p,! JO p.H?OtI 0l[1 J.:C[ GOUCOT.:rt'<\ l? JO :+uu.:r.6 0q:J. uodn :+U8DUT:1UOO 8C[ TTT1-\ 80Ut!.-\0<\UO;::; 8l[.L 'p.l:000.J: JO SUOT:+OT.:qsO,I put' s'.lUvtuClSt'0 ! SUOT':J.d80xo I SUOT'i P..fU:0S0:1: :1:0lnO ;':Ut' put' Sp:1:008H ;':luno;) Ur~'irCl 0l{1 JO ELB 06t'd 'it' E6Z ~OOUU~ POP.:r000:1: S:j.U0W0St'0 O:j. ':J.00~C[ns aq TtlA ;;::j.l;) 0({1 o:j. aout'J.:0<\UOO al{~ .\ I . r .\ r 1 J \ r . I ~'iI -k~ I I I , I , . \ .5h(/t.... r , i l- '~+1"""':- (, i ,:' I i ., . j ~ . J .J l. 'l> 4-1 , J7L-- ! ' r~!,nt"')n {"I~ r ..~...,,:".] ...4Il;L;.t .... a.I""~.:...JU INCORPORATED /l8ln DlfIC8' P05T OFFICE DOX 0 ^Sr'(N, COlOOADO '''61' "HONE: 303 925.1000 August 3, 1976 Mr. Dave Ell is City Engineer City of Aspen 130 South Galena Aspen, Colorado 81611 Re: Mill Street Venture Commercial Building 553 North Mill Street Dear Dave: _ The purpose of this letter is to serve as a basis for an agreement between the City and the Mill Street Venture in connection with the issuance of a Building Permit for the proposed 20,000 square feet building. In exchange for the issuance of a Building Permit, based on the plans previously submitted to the City of Aspen. we would agree to the following: 1. Co~veyance to the City of Aspen of a strip of land along North Mill Street required by the City in order to straighten the approach to a proposed new Roaring Fork bridge. 2. Relocating the curb cut for the vehicular access to the lower floor of the building from its present planned location to a location meeting the City's approval app- 'roximately in the middle of the Venture's Mill Street frontage. 3. The vacation of the curb cut made necessary for the 20 foot access drive to the upper floor of the building as presently planned if and when a public road is installed bordering the southwest portion of the property that can be used for access to this level. . :JLrt8VO ~<5 J<l~Xl!8 'V P ~^I!O 'J 6)'~o 3BnlN3^ 133B1S llIW OOOl-o;~6 coe ::HIOJM J19H? OOVII010:) 'N)J'~'; o xoe J:)IJ.JO .1Sf)~ t8:JIHO Uij't 031VUOdUO:JHI n<o.'r"'jl1 Hrnnn"l (;"t-u.... .u uu~uU~ 'SJnOA ALnJ~ AJ<l^ . . , . '6u~Punq Jno JO uO~~:JnJ~suo:J a4~ 4~~M paaJoJd pUll ~uawaaJ6l! a4~ aZ~Ll!u~J Al!W aM :)l!4~ os 'alq~ssod SI! Al~J~nb SI! UO~:)l!J~J~:)OU a:)l!~JaJddl! PLnOM aM 'll!^OJddl! 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S~lI ..!oJ ssa:J:Jl! ..!oolJ JaMol aWl!S s~41 asn 01 as..low 'M P..!l!Mp3 ...!w aJuanlJu~ 01 s:)..!oJJa1saq Jno asn 01 'S /6 \ '6u~Punq p 1:Jafqns all:) JO JoolJ JaMDl a1l1 0:) ssaJJl! JOJ "OJ s!p >"" f1 pas n p l! 0..1 :) I! 4 :) 5 5 0..1 ::> l! P U 1! ..I a A 0 :):J ~ "q 5 ~ a "'7f~';:> Q5/Y ..!a~\as 1Il!:)~lodoJ1a\-J lIads\f all:) JO :)uauaq all:) ..!oJ ssa..!6u~ PUl! 55a::>::>l! ..!oJ :)uaWa5l!a uV .~ 9L6l ''2 :)sn6nv OM1 a5ud sHl3 aAl!a 'JW " . . f .. f'] r\ r I r t f' r I I' . I I' I I ' . i' ; 1 I :. . ~., l' l / \ i, \ ,,' \ L. j' U Mason &MORSe INCORPORATED "In IIRCI' POST OFFICE BOX a ASPEN, COLORADO 81611 PHONE: 303 925-7000 December 17, 1976 Mr. David Ellis City Engineer City of As pen Aspen, Coloardo 81611 Dear Sir: This is to confirm our understanding of today. The group known as Mill Street Venture will grant to the City of Aspen and/or the Aspen Sanitation District an easement and right-of-way and access from Mill Street over and across the property owned by Mill Street Venture to the property presently owned by the Aspen Sanitation District. Said ease- ment will be approximately 24 feet in width and will enter through the northerly curve cut as shown on the site plan of the Mill Street Venture property and continue in a westerly direction along the vehicle aisles of the parking lot to the Aspen Sanitation District property. The precise legal description of the easement area will be determined upon completion of construction of the Mill Street Venture project, and at that time a formal easement will be granted. Very truly yours, MILL STREET VENTURE BY: December 17, 1976 Mr. David Ellis City Engineer City of Aspen Aspen, Colorado 81611 Dear Sir: This is to confirm our understanding of tOday regarding my easement as recorded in Book 293 at Page 873. A portion of the land subject to this easement is being deeded by the group known as Mill Street Venture to the City of Aspen. I agree that at such time as alternate access to my property located at 555 North Mill Street becomes available over the property owned by the Mill Street Venture, I will relinquish to the City of Aspen my rights to use said easement area as the primary access to 555 North Mill Street; except for such access purposes as may be required by use of the existing loading dock on the ground level and the ramp leading to the basement of said area. Very truly yours, -~?/d?%~ Edward W. ~e Mason &MORSe INCORPORATED IMJnIlfFlC8' POST OFFICE BOX Q ASPEN, COLORADO 81611 PHONE: 303 925-7000 M880n & MOR88 INCORPORATED I18In OFFice' POST OFFICE BOX Q ASPEN, COLORADO 81611 PHONE: 303 925-7000 POST OFFICE BOX 5039 WEST VILLAGE BRANCH ASPEN, COLORADO 81611 PHONE: 303 923-3020 POST OFFICE BOX 701 STEAMBOAT SPRINGS, COLORADO 80477 PHONE: 303 879-0694 Dgcember 17, 1976 Ms. Sandra Stuller City Attorney City of Aspen 130 S. Galena Aspen, Colorado 81611 Dear Sandy: Enclosed is a copy of a Deed, which we will record at our expense, and a copy of a Partial Release of the existing Deed of Trust, which we will also record at our expense. Both recordings to take place when the Building Department executes a Building Permit in our behalf for the Mill Street Building plans presently in the Building Inspector's office. A copy of this letter is being delivered to the Building Inspector's office by Don Westerlind this afternoon; and, hopefully, we can conclude this matter tOday and record the documents prior to the closing of the Court House this afternoon. Thank you for youncoDsideration and assistance. Yours very truly, MASON & MORSE, INC. Edward W. Morse President EWM:jlc Enclosures cc:~layton Meyerling 32-1/ 7Fc;. RECORDER'S STAMP Ii Ii i! i :; AND, WHEREAS, xaid::indeRteAll!le:dlllllk~R:lI!Mt~~ the purposes of said trust have i been partially satisfied NOW, '!'HEREFORE, at the request of the legal holder of the indebtedness secured by said Deed \' 'I of '!'rust, and in consideration of the premises, and in further consideration of the sum of Three I: Dollars to me in hand paid, the receipt whereof is hereby acknowledged, I, as the ' Public Trustee in said Pitkin County, do hereby remise, release and quit-claim unto the \: present owner or owners of the property hereinafter described and unto the heirs, successors and i; assigns of said owner or owners forever, all the right, title and interest which, I, as such i Public Trustee have in and to that part and portion of the property, set forth and described in the aforesaid Deed of Trust, described as follows, to wit: A tract of land situated in Sec. 7 TlOS R84W of the 6th P.t1. being described as follows: I i Beginning at a point being S40002'57"E 1,451 ft. from the W 1/4' 'corner Sec. 7 T10S R84W of the 6th P.M. (a 1954 unapproved Brass Cap' ',in place); thence N200l6'E 224.60 ft.; thence,N840l9'E 14.44 ft.; 'Ii '. thence N050 41 'w 29.66 ft.; thenc.e N200 16' E 15.79 ft.; thence SlOo ,: ,:32'30"E 40.45 ft.; thence S19005'07"vl 240.00 ft.; thence n66048'31"Wi' 25.70 ft. to the point of beginning, containing 5.693.95 sq. ft., i , more or less . ' , 'City of Aspen, pitkin ~ounty, Colorado. situate,lyingandbeinginthe Clty oj" Aspen County of State of Colorado. Pitkin and \'. TO HAVE AND '1'0 HOLD the same, together with all and singular the privileges and appur- tenances thereto belonging forever. And further, that, as to the above described property, the said '!'rust Deed is to be considered as fully and absoluteIyreIeased,cancelled and forever discharged. :' Witness my hand and seal this day of ,19 ,.,...,.".,...,..,..,.,..,......................................................................... (SEAL) AlA th. PubUe Trustee In said Count,. or S'!'ATE OF COLORADO, County of }ss. The foregoing instrument was ,19 acknowledged before me this . by as the Public Trustee in the said day of County of . Colorado. My commission expires Witness my hand and Official seal. .. ... ......... ._... .... .... .... ...... .... wO. ._......__... ............u...... .........__...u..................... , Nolar7 PublIc. '1'0 the Public '!'rustee in said County of Please execute this release.}\\\.lldn~~~~~*l;!Kll~~~~R:k~ R~h~~~~AM<Mt~~~~0~~:t..~~~~~~~i~...... 'Fhe1ea;at holder or the.. debtednftl8 aeeund by said Deed of Trust. ," {, I I. ii .In counties where book and page numbers have been abolished. i- Ii '~ No.921. PA.RTIAL RELEASB OF DEED OP TRUST BY THE PUBUC TRUSTB& -Bmdtord Publlahlna Co., 1824.4' StoQt St.reet. Deny"" Colorado -V15 " :::::::: ::::j~~r.:?:~~?,::",O',Cl,~:~u:,:.:..~,I':u.'~,:',~,~i/f::~::~~:=:::::',:'.::',:'~:;~~~~ .~ ~-i '7 Y I ;'~-cEdward-=~. D~i~<i~ D~vidc;:. Ba-~t~~;CEd~ard W."... ..~._---:! Morse, III, and Mountain States Communications, !: Inc., a Colorado Corporation Ii whose address is iI \) County of pitkin , and Stale of Colorado , for the consideration of Ten Dollars, in hand paid, and other valuable considerations, hereby sell(s) and quit elaim(s) to The City of Aspen, a Municipal Corporation. whose address is County of Pitkin , and State of Colorado . the following real property, in the County of Pitkin , and State of Colorado, to wit: A tract of land situated in Sec. 7 TlOS R84W of the 6th P.M. being described as follows: Beginning at a point being S40002'57"E 1,451 ft. from the W 1/4 corner Sec. 7 TIOS R84W of the 6th P.M. (a 1954 unapproved Brass Cap in place); thence N200l6'E 224.60 ft.; th~nce N84019'E 14.44 ft. thence N0504l'W 29.66 ft.; thence N20016'E 15>.79 ft.; thence SlOo 32'30"E 40.45 ft.; thance S19005'07"W 240.00 ft.; thence N66048' 3l"W 25.70 ft. to the point of beginning, containing 5,693.95 sq. ft., more or less. city of Aspen, Pitkin County, Colorado. Excluding and reserving therefrom, that certain easement for the use and benefit of Edward W. Morse, III, as granted in deed recorded in Book 293 at page 873, Pitkin County Records. w;,th all its appurt~nances Signed this 16th day of /' STATE OF COLORADO, County of Pi tk in ~Et~~:~!.a. .....::ii~~:=~::= Da.' ';('/ ,:,qJt<--e:Z4--j /C7~ Eawai'C!...W.:...Uo.i'.... ;:,.,.rfr.-.~--............._- '/ l10untain States Spmmunications. Inc. }8B ~y: /:;~It/&''''A/f J/u;'~~a.t-"'. . ~ts /",/."I'I'lt~Y- The foregoing instrument was acknowledged before me this sixteenth day of December , 19 76 ,by Edward !-;. Deming, David A. Baxter. Edward v). Morse, III, and Hilliam Dunaway as President of r.:ountain States Communications, Inc. My commission expires Augus t 26, 1980. WitneBB my hand and official seal ~' ~. , . I . (i ) m'" .. ~........... >.~.,,~_... ,. . .N~P'II.bllc.' , , " " ----. ---_._._----_._-~----. --. -".- -~_.._~.-_._---_.._-_._----~_.~_..- Ii U No. 898. QUIT CLAIM DEED-Short fol'1ll- -Bradford Publishmc Co., 1824-46 Stout Street, Denver, Colorado -10-76 -\ ,~'l l/j II 1 ~ \ 11 \:1 I. " J.J cj ,J INCORPORATED Main OFflca, POST OFFICE BOX Q ASPE:J. COLORADO 61611 PHONE: 303 925.7000 December 20, 1976 Dr. Philip Mahoney City Manager City Hall Aspen, Colorado 81611 Dear Mick: Enclosed you will find a promissory note duly executed by the Mill Street Venture. The amount of the note reflects the dedication fee, which is six percent (6%) of $329,925.00, the present market value of the land. This amount is based on 43,990 square feet at $7.50 per square foot. A copy of Mr. Mollica's letter showing the present market value is attached hereto. Sincerely, MILL STREET VENTURE fiJc;,~~ Edward ~Morse EWM:fl encls. copy: Ms. Sandy Stuller, City Attorney Mr. David Ellis, City Engineer Promissory Note $... ......... ... .... ..........'I.::;.J. .:...n............ ColorJdo ,,'.R'.<;....::\.!::.!~.'t.. ......... \l)............... FOR VALUE RECEIVED"",,,Ti;.l,,,,..I...~...,S,:',i\r.:,;~," ".:"",:""" """""""""""""""""""""",,'.i,,':.I.,",.1 r"""", "promise(s) to pay to the order of ..,,,,,,,,,......",,,,,,,.... ,,'.' , ,:!.~ ,.I. ,."".",.""",.",.""."""",.'""" ","""',,""" the pri nci pal sum of.:"". :"...:. ..j.~,. .,;. "~.(..v.u. ..~-.:J.l. ..;.S.. r~:.. ;-,;; y.,~ n.. ,l..l'... r:;.... .... J.~;.e.;.., ,'r c,,', ;.,.j........'...;.........,......... ,," ,'" :'" ,. ,:,:,:", DOLLARS payalbe at ,..y,i.t.j",',',<:,L,..,/~...;;:,;,.",:(.J.,,'" together with interest at the rate of":U,(",,,,..,,',,,,, percent per annum; pricnipal and interest shall be payable in the following manner: ., ;, ,i,.. i' :1 1,_1, ! I 1 11 t t' 'l't ' I :~, . ,) t ;1 j i i; -:... I~'; r r " ~ 1 ' s , " nc r:. .:. \ I,'" 0) .; 1 '. ] L ~, :" i' i,' :t ~, ,:.~ II (, i tl ,-; S f -j ! t' it I .. U.I, i ',c.' J';' c ,S l' .1.;1" C'. with respect to the Mill Street Venture Building to be located at 515 North Mill Street, Aspen, Colorado. Failure to pay when due any installment of principal or interest, or any part thereof. shall cause this note to become due and collectible at once at the option of the holder thereof, in which case accrued interest and principal shall, from and after the date of such default, bears interest at .t,..!',J.v""",i",j""..""percent per annum, In the event this note be placed with an attorny for collection, by suit or otherwise, the maker agree to pay reasonable attorneys' fees in a sum of not less than ten percent (10%) of the unpaid principal and interest due, The maker, endorser, surety and gurarantor of this note severally waive presentment for payment, notice of nonpayment, protest, and notice of protest. THIS PROMISSORY NOTE IS UNSECURED r, L ,./l_, ,j ,11' ..:..) 1(. ';"LS " " .-\ 1.; ~,t r ,,'j i Ii 1 (j, 1.1 '. r.~ ,.. ( , i~) I"~ :i.t..!,.. ;' .. ,> " "~,, ,. "/,n.,. .~"" ..",,"" _\1. "ir :','"rx'rr ." .~. , .. ,'''''/ .,,// : 11 " " i il , Margie-variance for Mill Street Venture ~ 12l~(7~ ~i~~ Motion to grant the requested variance from the open space requirements of the Aspen Municipal Code for the fOllowing reasons: 1. The applicant has had pending, since June of 1976, a building permit application for the construction of a commercial structure on its property, final approval of which has been denied pending resolution of (a) a proper accesss and ingress alignment to and from Mill Street and (b) accommodation of the proposed expansion and alignment of Mill Street. 2. A Satisfactory resolution of neither problem can be reachefi by the City and the Applicant other than as to result in the reduction of required open space, either through a voluntary conveyance of land or condemnation thereof. 3. The postponement of the issuance of a building permit until the formal resolution of both problems creates practical difficulties and unnecessary hardship. In addition, to require the Cit~ to abandon an advantageous resolution of the dilemma (i.e., a voluntary conveyance of the land) will create a hardship that can be resolved without, in the end. compromising the open space objectives of the code in any greater degree ,than resulting from the proposed arrangement. IN ADDITION: The Board is of the opinion that with respect to the requested variance: 1. The special conditions and circumstances incident thereto do not result from the actions of the applicant. ' -- . 2~ The grant of the variance is essential to the enjoyment of a substantial property right which the appl~cant is entitled , to enjoy at this time. but which would be denied if the applicant failed to make a land donation to the city to accommodate the City's future plans for street alignment. . 3. The grant of the variance will not adversely affect the general purposes of the comprehensive land use plan. For all the above reasons, the requested variance shall be granted, conditioned on the conveyance of the right of way to the-City by the applicant., all as specificed in its application. / // " / . . -. -.,-- NOTICE OF PUBLIC HEARING Case No.3-to -;;.() ...... BEFORE TilE CITY OF ASPEN BO^r~ OF ADJUST}ffi~~ TO ALL PROPERTY OW~~RS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOH: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the Council Room, City Hall, Aspen, Colo- rado, (or at such other place as the' meeting ma~' be then adjourned) to consider an application filed,~ith the said Board of Adjustment requesting authority ~or variance from the p~ovisions of the Zoning Ordinance, Chapter 24, Official Code of Aspen. All persons affected by the proposed vqriance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting,then you are urged to state. you: views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious' consideration to the opinions ,of surrounding property ovmers and others affected in deciding whether to grant or deny the request for variance. The particulars of the hearing and of the requested variance are as follows: Date and Time of Meeting: Date: December 2, 1976 Time: 4:00 PM f Name and address of Applicant for Variance: / ./ " Name: Address: Edward H. Deming P 0 Bqx Q - Aspen, CO 81611 . Location or description of property: Location: 553. N. Mill St. Description: Yar~~nce Requested: Application is made for a building permit to build a service, commercial, industrial building. The proposed building will have 19.48% open space. The required open space is 25%. Section 24-3.4 Area and Bulk Requirements. SCI Zoning District, Duration of Variance: (Please cross out one) ~~ary-- Permanent THE CITY OF ASPEN BOARD OF ADJUSn;r;~1'f BY ~ 71/ ~"V\-/ r~~~ , -- , , "OPE~OTOJ '^~unOJ U!~~!d "OUrUU!OaH JO a~ETd a4L o~ 'au!T ^T~a4=1noS P!ES DUOTI? ~aaJ 00'[02: =lsalol .6T ov8 4=1nos G::lUGlp !8T9 aDl?d ~I? LIT ~ooH U! paq!~::lsap pUI?T JO ~~E~=I P!ES JO aU!T ^T~a4~noS a4=1 uo =lu!od I? o~ [L8 a61?d =II? [62: ~oog U! paq!~~sGp pUI?T JO =I~P~=I P!ES JO aU!T ^T~G~SaM a4~ DUOTI? ~aaJ [["99 ~SGM .Tv oSO 4~~oN a~ua4~ I[L8 061?d =II? 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" REQUEST FOR VARIANCE A variance is requested with respect to the "open space" requirements of ~24-3.4 of the Zoning Code of the City of Aspen in connection with the proposed construction of a commercial building. The factual situation giving rise to this request is as follows: 1. The property involved is located on the westerly side of North Mill Street and is situated immediately south of the building commonly referred to 'as the House Care Building. The property is within the Service/Com- mercial/lndustrial Zone. The legal description of the property and a survey thereof are attached hereto. 2. The property is owned by Edward H. Deming, David A. . Baxter. Edward W. Morse,III and Mountain States Communications. Inc. 3. In about June, 1976 the property owners submitted to the Building Inspecter proposed plans for the construction of a commercial building on the property. Attached hereto is the Plot Plan as originally submitted to the Building Inspector depicting the location of the building. , --. 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To enable the property owner to make this donation and still proceed with its building plans, a variance in the "open space" requirements of the Zoning Code will be required. The property which is to be given to the city will be utilized for public street purposes and will thus maintain the charateristic of open space. The foregoing will present a solution satisfactory to both the property owner and the City and will avoid the acquisition costs and legal expenses which would be incurred by the City if it were required to institute condemnation proceedings for the acquisition of the property under the exercise of its right of eminent domain. For the reasons set forth above, it is requested that a variance be granted to subject property with respect to the "open space" requirements of 524-3.4 of the zoning Code and that the property owner be authorized to construct their building based upon the ."open space" of 8,572 square feet, more or less, as shown on the revised Plot Plan; said variance to be conditioned upon the donation by the property owner to the city of that portion of their property lying easterly. of the proposed westerly right- of-way line of realigned Mill Street. .....,--.... i i'_ _ .-.~'!'!~.",\"~-_..'::--~~~ ..- , ...... 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The favorable consideration of the Board of Adjustment will be appreciated. Respectfully submitted, rA~,.~ Peter Van Domelen Attorney for the Owners P.O. Box 8009 Aspen, Colorado 925-6415 ./ . // / .' - o~,,,,-f'-::'_' ~T-~"~----'-'~'~-" .._..-- ,.._~...- .. JI ~aaJ a~BnDS SZV'Z ~aaJ a~BnDS L6610T ~aaJ a~BnDS ZLS'8 ~aaJ a.J:.BnDS 89S'( ~aaJ a~BnDS OVT'n ~aaJ a~BnDS 89S'( ~aaJ a~BnDS OOO'T ~aaJ a~BnDS 89S'v ~aaJ a~Bnbs 0661n ~aaJ a~BnDS 89S'v ~aaJ a~BnDS 92:0'T ~aaJ a~BnDS V691S .~aaJ a~BnDS 8SS'8v ~aaJ a~BnDS SvL'( ~aaJ a~BnDS (O(IZS / -'. A:ma"F>lJap "a:mds uadO" ~aaJ a~BnDS 066'(v ;):0 %SZ ;):0 -=luaUIa~lnDa~ "a:>Bds uadO" lIa:>Bds uadoll DU1U1I?UIa<r A~l::> 0-=1 lIa:>Bds uado" ssa'I lIa:>Bds uadoll TBu1D1~O A-=l1::> 0-=1 lIa:>Bds uadOIl sABMaA1~p SSa:>:>B SSa'I A~l::> o~ Ta:>~l?d ;):0 Ba~B -=IaN Ta:>~Bd ;):0 Ba~1? ~au DU1u1BUIe<r A~l::> o~ Ta:>~Bd ;):0 Ba~B -=IaN ~uaUIasBa 0-=1 ~:>a~qns Ba~B ssa'I A~l::> o~ ABM JO -=I~D1<r ;):0 Ba~B TB-=lO~ Ta:>~Bd ;):0 Ba~B ~aN ~uaUIasBa ;):0 Ba~1? ssa'I Ta:>~Bd ;):0 Ba~B TB-=lO~ Smr:ilNI~N:il X:ilA<rnS WO<r.il SNOI~V~ndWO::> V:il<rV . ... " ~ . " 2116 Regular Meeting Aspen City Council November 22, 1976 v -- Ms. Patterson stated the entire request was $1120. The kids said they would paint the building, carpet has been donated. Councilwoman Pedersen moved that any expenditure neceesary for capital improvements come out of the $2000, and that the i~-house help come out of another fund; seconded by Councilwoman Johnstona All in favor, motion carried. RIVERVIEW CONDOMINIUM - Request fer encroachment Jim Martin, applicant, told Council he had talked with Dave Ellis, engineering department, and had found common ground. Riverview is asking for a 1 foot encroachment on Hopkins street and a fence down the boundary of the City alley which is currently landscaped in grass. Martin submitted a revised map of the encroachments. Ellis had asked for right of ingress and egress across the west five feet of the property to make sure .people had the right to get down to the river from Hopkins street. Cou~cilman Behrendt moved to approve the encroachment with the usual stipulations and indemnification; seconded by Councilman Parry. All in favor, motion carried. --.... SUBDIVISION EXEMPTIONS \ 1. Williams. Hal Clark stated this is an application for subdivision exemption dealing with previously platted townsite lots. It is the opinion of the planning office that. it would achieve no purpose to put this through normal subdivision review. The planning office recommends approval. The land is zoned R-6. Councilwoman Pedersen moved to approve the subdivision exemption; seconded by Councilman De Gr.egorio. Councilman Behrendt asked why exempt this project when the City may be likely to get four huge structures. Planner Bill Kane said the planQing office would like to implement a FAR in the residential areas, but has not done so. Albie Kern told Council the zoning controls what can be built on this property. It is zoned for two lots single family dwelling, and a duplex O~ the three lots. Councilwoman Johnston stated she felt this would have too much impact and should go through subdivision review. City Attorney Stuller pointed out that applicants are required to submit a floor plan only if they plan to condominiumize the building. There will be some zoning and FAR restrictions coming from P & Z in the near future that will affect this building. Council asked that this project be flagged in the building department, and if the applicant comes in for a building permit to have it checked through Council. Councilmernbers De Gregoria, Parry, Wishart, Pedersen, and Mayor Standley in favor; Councilmembers Johnston and Behrendt against.. Motion carried. 2. Fasching Haus. Clark stated this was a request for exemption for units 4A and 4 of the existing Fasching Haus building. These units were not originally part of the condorniniumization. Councilman Behrendt asked that this be tabled so that he could investigate the units. Brian Goodheim told Council that he had been asked to support this application. Goodheim stated he would on the basis that unit 4A, which is the basement, be dedicated to employee housing. Councilman Behrendt moved to table this for one meeting while it is investigated by the building department and Behrendt; seconded by Councilwoman Johnston. Included in this is consideration of drafing a specific agreement to put one unit into employee housing. All in favor, with the exception of Councilmembers De Gregorio and Parry. Motion carried. 3. Alpine Acres. Clark stated this subdivision City for use as right-af-way for Gibson Avenue. purposes. exemption was merely a. conveyance to the The land will be not used for developmen Councilman De Gregorio moved to approve the subdivision exemption; seconded by Council- woman Johnston. All in favor, motion carried. ., ill Street Venture. City Engineer Dave Ellis told Council the applicant had applied r a buildi May. ~~en Building Inspector Meyring inspected the survey, he faun the applicant claimed their property extended into the City's right-Of-way on North Mill street. The future plans call for the City widening Mill street. Ellis state if the applicant would deed this property to the City and consolidate their curb cuts, it would be in the best public interest. If the applicant does deed property to the City for a right-of-way, then the ~pplicant will have to get a variance frorr. the Board of Adjustment. They will be under the 25 per cent required'open space. The City is asking for a strip of land 250 x 25, which will ultimately provide a 80 foot right-of-way for North Mill Street. The applicant has agreed to work with Morse to provide an easemen~ to the adjacent_Aspen One property. Councilman De Gregorio moved to approve the subdivision exemption; seconded by Councilman Parry. All in favor, motion carried, 5. Tveite. Clark told Council this is an application for subdivision exemption for an existing duplex in West Aspen subdivision. The P & Z reviewed this and recommended approval of the exemption. Mayor Standley asked if the rental restrictions were placed on this application. Clark answered that the P & Z did not make that a condition in this particular case. Mayor Standley stated he was not interested in short term rental units, and wanted an agreement drafted that the units must be owner-occupied x per cent of the time. Gideon Kaufman suggested that the restric tion be six Monts rental or v two rentals per year. 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'oc A~EnueE Aq aoueTTdwoo IE+o+ uT +OU sT +uaillqsTTqe~sa sIq J1 ~eq~ ~uawaaIoe ua+~TIM e aAeq s~one~ PUE a4 +eq+ UMOU~ ~T pa~ueM dOT una "s+sanoaI sTq q+TM palrdwoo peq s~one~ pa+e+s dOl una illOX "q5noxq~ bu~woo ~oaqo p~ooaI e uodn~ua6uT+uoo aq Plnoqs TeAo3dde aq+ pue 'pa+uT~dIaoulJ uaaq +sn~ peq s~~ne~ +eq+ pa+e;s sapua3a -aTll aq~ W03J ou~~oeT silla+T aa~q~ 84+ pa+ou uas~apad uemoMTTounoJ -A~Ied uewTTouno~ Xq papuooas :sra6eg pUe s~one7 0+ 3aJ5ue3+ aq+ aAo~dde 0+ paAoill +pua~qag uewTTounoJ "- "pa+TnEJ peq "OUr 'gaR +ueua+ snOTAa~d aq~ se 'sasTwa3d aq+ JO uOTssassod 6UTwnsaI seM sTaoea pue s~~ne~ a~aqM UOT+en~TS e SEM sT4+ TTounoJ PTO+ 'sraoea pUe s~one~ 6uT+uasa~da~ 'sapua~a qdIEU asuaoJ~ ~onoT~ }O 3aJsue~x ~ I~3a ili33MiliS NVWXR "paT~Ieo UOT+Oill '~oAeJ uT TTV "A3~ed uewTTounoJ Aq papuooas !peoM A3+unoJ 30J TEMaua3 aq+ pue uOTsuedxa aq+ paAoIdde o~ paAow +pua3q2g uewTlounoJ "aaeTd ^PMO~ e +ou seM ~T paAOId peq peOM ^3~unOJ +TaJ aq pa+E+S A3IEd uewTlounoJ "Ieq aOT^~as e ATa~aill aAEq prnOM Aaq+ +eq+ pa+uasa~d seM +1 'paAo~ddE seM asuaoTT sTq+ uaqM p8+E+S AaTPuE+S ~oAew ~+aaJ aIenbs 000'( JO Te+o+ e IO] '+aaJ aIenbs 008 +noqe ppe PTnOM UOTsuedxa aq+ pa~aMsue uT+snv "aq PTnoM a5e~ooJ a~enDs -~~ --~=~ 9iGT 'lZ ~aqwa^ON ITounoJ ^~IJ uadsv .6uT+8aw ~t?TnoaM jIlt: ~~:;.t;i-' , , ~ , REGISTERED IN COLO., NEW MEXICO AND UTAH ~ SURVEY ENGINEERS, INC. .'cugust 12, 1976 682 BRENTWOOD DAIVE PALISADE, COLORADO 81526 PHONE 303-464.7568 reply to ELKS BUILDING P.O. BOX 2506- ASPEN, COLORADO 81611 PHONE 303.925.3816 . . . . .. . . Job No. '+014-A PRINCIPALS, GERARD H. PESMAN, P.E.. L.S. MAX E. MORRIS RICHARD F, BARTON, L.S, Do,ve Bcu::ter Wendy Horse Moson & Morse Realty ~spen Colo. 81611 ~ The following is my professional surveyor~s opinion on your tr<:\c t of Lmd fronting Hill street South of the House C,"re Buill ding. From the original deeds of record from the Railroad ( copy enclosed Bk 180 - Pg 345 ) and your original des- cription there is no overlop. The Railroad map delivered to Dave Baxter shows the 151 feet call. Strongest survey evidence ,for placement of property is the Railroad tracks to the South & West of ,the property and the original des- cription specificully gives a radius of 668 feet and dis- tance of 222.1 feet. This is the STRONGEST FIELD EVIDENCE und the 151 feet Southeasterly from this Railroad R:Lght of Vlay is a firm distance, there is no "more or less" or "about" cc-cked on to the words "151 feet". 1'he County owned the property to the East of your property and could have retained . 100 feet or more for road purfoses. 'rhe original tie from the Southeast corner of the NW{SW~ Section 7 could be reestablished . ,],fter the "1954" Brass Cap J'Ilonumen ts are offiCially approved in '!ID,shington D. C. by the Bureau of Land i1anagement. iiS of this date 1976, they are not. Any further questions on this property are legal. J!J;cI-7;Y(3:;~~ Gerry Pesman Survey Engineers, Inc. ~ ....._~.._.._._.,_~-~___ l~l~''''____-''-'-' -f-0 ' ~ 11l~~ ~"oJZ8' ~ /i.) r.~~~~~~ ~>>;;jJo. ~. ~ n1~ ~ 'fIjCJY N~ ~~ . M-~~i~~(f) Q ~~. U)LA1, ~f ~~ c.TP V~ ~ & ~. ~o/~~.d (J;k. z..'i3 ,j,Jf., ~~ - ,I fJm:>.) ~'7;Jt~;~?Vr d~' ~ L_~DJ}~J~ ~A ~./t v IVO""~ ~ ~ ~..Jt.p j~,k < 0-'18 v C/V z. - {~ 13 ~.,~~~~~~ ~. ~~- ~ ~ ~""'- ",.j ~. -€'o;! c-Jh.~. ~ 2. tt::S~. tj ;Jr ~~. t/o ,.A,c!~ ~ ~'f-. ~i_ ~ ~{.~- d ()'- ~~ %;;: . ~:.ft~:~ ~A~ . ~ ~ . ~~~r~-~'~?~~ ~~~~..< 5) ~A- ~ ~ ~ $/~ "f Jo ~ ,-f /low ~)~ ~~-6-~ g(~~ tM.~~ b~' ~.~ '4h, ~oLf?./J~~ tv -'6 ~ G-'l-j.J ~~ ~~~y~~€~~, .. _. v .' ., / . . , To: Hal Clark Planning Dept. '--. From; Dave Ell i s ~z..... City Engineer Date: July 28, 1976 RE: Development of Morse Tract on North Mill Street Following my meeting yesterday with Clayton and later with Sandy and you I felt I should attempt to put on paper the facts" concerns and possible: courses of action as we see them to date. Chronology of Events. 1) Oct. 16, 1974 - City Council granted a subdivi- sion ,exemption to "Mill Street and Morse", a joint venture of Harold Pabst and Wendy Morse including a total of c58,604 sf. and the vilcor building. (Bk.2921Pg.469). The description used was the original description shown on the D & RGW RR maps. 2) Nov. 27, 1974 - Mill Street and Morse deeded the exempted 630rf. to Wendy Morse (Bk 293/ Pg 873) plus an access, utility, and parking easement (3745sf.) adjoining the 630lsf. but lying within Pabst's exempted parcel of 52,303sf. The conveyances were by a modified description prepared by Gerard ~esman. ,/.7" / 3) Date unknown at this time ~'pabst conveyed his parcel to Morse. 4) Oct. 27, 1975 - City council removed the SPA designation from the tract originally owned by Pabst. Again the modified descriptions were used'. 5) May 9, 1976 - Wendy Morse made application for a building permit on the original Pabst parcel. (52,303sf.) using the modified legal description. Engineering, planning and Building Concerns. 1) The curb cut as proposed is adjacent to the pro- posed street on the Trueman site. '2) The existing curb cut is undefined and the traffic pattern hazardous at the south end of the Mill Street bridge where traffic enters the Vilcor building. 3) The entrance to the Aspen San plant and the cityjcoun'ty storage yard adds to the above problem. 4). The engineering department's conccptual design 'and the Trucman property plans call for an 80 foot right-of-way on North Mill. 'I'his would requirc a 15 to 25 foot strip of additional right-of-way along Mill depending on which survey is corrcct. . ,. . . .' Page 2 of 2 Morse Tract ~-. 5) ~he legal description submitted with the , building permit application does not agree ,with the description which was used for pur- poses of obtafning the subdivision exemption. There appears to be a good case for arguing against the modified property description since it extends approximately 10 feet into Mill Street beyond the old fence line, does not conform to earlier monuments in place and does not conform with the railroad deed descriptions. 6) The combined density of the new and existing building may be over the allowable density for the total tract (58,604sf.) 7), Parking for the existing building appears to be reduced by the proposed access plan. 8) The proposed plan does not address how all the large cottonwoods would be'saved; in fact it appears several would be removed. Possible Courses of Action. 1) /' There appears to be reasonable justification for requiring the project to go through sub- division since the project is creating two sitp.s from one tract for the purposes of building and/or development (Section 20-3(s) (1)). This is the case even though Morse has submitted only part of his ownership for a permit. This would ideally be the first choice for leverage. / ' 2) The planning department has notified the applicant of our concerns and if he is unwilling to submit to subdivision review or negotiate then the planning office will procede immediately with requesting SPA des'ignation before the building permit is issued. 3) If both of the above fail there could be con- siderable delay in resolving the survey pboblems . relating to Mill Street right-of-way, tree con- flicts, and curb cuts and access through the present SPA land. The above enumerations hopefully summarize where we are at to date. I understand that there is a meeting set for Thursday with Bill Dunaway who will be representing the applicant. If there are other comments or developments please advise. P.S. A few new facts have surfaced after a discussion this morning with Bill Dunaway. Wendy Morse applied for the building permit not as an individual but as a 25% partner in the Mill Street Venture. Other equal partners per Dunaway are himself, Dave Baxter and Ed Deming. '!'his n.8Y effect the case for sub- division.. A meeting has been set for 2p.m. Thun;day with Morse and Dunaway. " ee: Clayton Meyring Sandy Stuller t J . 0, i I I i ~ . l .' , 100 Leaves ; I , I I I i I o RECORD OF PROCEEDINGS Frlll~ '. C. T, .")rc~fl. A. a. jJ l. I:G. ORDINANCE NO. t7~ (Series of 1975) AN ORDINANCE AMENDING THE ZONING DISTRICT MAP BY REZONING A TRACT OF LAND OWNED BY THE MILL STREET VENTURE FROM S/C/I - SPA to S/C/I WHEREAS, application has been made for rezoning of a tract of land owned by the Mill Street Venture from S/C/I Specially Planned Area to S/C/I (Service/Commercial/Industrial), and WHEREAS, such rezoning has received an affirmative recommenation from the Planning and Zoning Commission and the City Council wishes to adopt the recommended change. NOW, THEREFORE, BE I'!' ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the following described tract of land situate in pitkin County, Colorado, be and hereby is rezoned from Service/Commercial/Industrial - Specially Planned Area to Service/Commercial/Industrial. (S/C/I) : A tract of land located within the NW~SW~ in Sec. 7, TIOS, R84W in the 6th P.M., described as follows: Beginning at a monument "0-6A" set by L.S.2568 being 0.5 feet West of a fence corner in place, 50 feet Easterly measured at right angles from the center line of the tract of the Aspen Branch of the D&RGW Railroad company, and being 1124.96 South 39058'22" East from the West on8-'.jUarter corner of Sec. 7, TIOS, R84W of the 6th P.H. (1954 BLM Brass Cap) said point of beginning being the Northwest corner of property describ- ed in deed to Sam L. McKinley recorded March 29, 1955 in Book 177 at Page 620; thence along the boundary of said property the following courses ft. . . . j"- ., "'I i I I .' , RECORD OF PROCEEDINGS 100 Leaves FO"Il',' <:.',I")tO((( o. B.lll.1.0. and distances: On a curve to the left with a radius of 668 feet a distance of 222.1 feet to monument "0-7A" set by L.S. 2568 (chord bears South 25040'02" East 221.1 feet); and South 66048'31" East on a line with monument "O-BA" set by L.S. 2568 151.00 feet to the Westerly line of Mill Street; and North 19005'07" East 240 feet along the Westerly line of Mill Street; and North 10032'30" 'Jest 63.00 feet; and South 84019' :'lest 303.00 feet along a fence line in place to the point of beginning. Except that property as described in deed to Edward W. Morse, III recorded November 27, 1974 in Book 293 at Page 873. Section 2 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such in- validity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid pro- visions or application, and to this end the provisions or applications of this ordinance are declared to be severable. Section 3 That a public hearing be held on this ordinance on ~ 01~, 1975, at 5:00 P.M. ,in the City Council Chambers, City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing public notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, at its regular meeting held ({2 ~ co:? 7 ,1975. I . fll-:CAi, ~ ) .d ;.l/rCrAJ KATHRYN . HAU'!'ER, SITY CLERK III, MAYO c-- e---- ATTEST: -?- ., .' RECORD OF PROCEEDINGS " , I I I 100 Leaves ~"I{"'" C. F. ..OECI{[l n. B. II l. C;J. FINALLY ADOPTED AND APPROVED 1975. ATTEST: TANDLEY ~~ . . ...--.J-r: ~y...ll..c.IV ,2 Y , I t " ., . , ..../ .' .. STATE OF COLORADO.~ ) ) ss ) CERTIFICATE , COUNTY OF PITKIN I" Kat~ryn S. Hauter, 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 &~ "","7 I , 197~ , and publish- ed in the Aspen Times a weekly newspaper of general circul- ation, published in the,City of Aspen, Colorado, in its issue of (2.~ & , 197~, and was finally adopted and approved at a regular meeting of the City Council on ~kA./ ~CJ Ordinance No. ;7S- provided by law. . . , 197..5:::..-, and ordered published as , Series of 197 S-, of said City, as IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this ..:J..j-CL- dpYOf~ ,197;. f ! ! J!'a.d~-?') .4 do,~ , Kathryn S.' Hauter, City Clerk " . , . . : I ! t EXHIBIT "A" \ I I i ! I I t I , l A tract or parcel of land within the northwest quarter of the southwest quarter of Section 7" Township 10 South, Range 84 West, ,Sixth Principal Meridian, at Aspen, in Pitkin County, State of Colorado, described as follows: Commencing at the southeast corner of the northwest quarter of the southwest quarter of Section 7, Township 10 South; Range 84 West; thence North 89 degrees 32 minutes West along the south line of said subdivision a distance of 184.4 feet; thence North 53 degrees 35 minutes W~st 335 feet; thence North 1 degree 15 I minutes East, 100 feet; thence North 7 degrees 45 minutes West 217 feet~to the true point ,of beginning of the tract of land herein Ii conveyed; thence South 82 degrees 15 minutes West a distance of about 303.0 feet to a point 50 feet easterly measured at right angles from the center line of the track of the Aspen branch of The Denver and Rio Grande Western Railroad Company; ,thence l southeasterly along the arc of a curve to left having a radius of 668 feet a distance of 222.1 feet, said arc having a long chord 221.1 feet in length with course South 24 degrees 08 minutes 1 East; thence South 71 degrees 50 minutes East 151 feet; thence North 18 degrees 10 minutes East 240 feet, more or less; thence North 7 degrees 45 minutes West 63 feet to the point of beginning, containing 1.33 acres, more or less. < ,', IJ... o :x: CIl J .. .. c:i WWZ I- 1- , c:t<t(!) oc;; 0:: Cl l!) Cl. >->- OJ OJ cia ..J l<: . <(:1: 1Il UUU: z o f- <( -.J ::J o -.J <( U w (f) 0:: W > <( 0::: f- I I I I '[',1 (1- en w LL! L."J ~- ~ -. o 0: o o ~ u <( ..J ~ <( W 0: <( ~ (\j o ::!E o ~ W I 0: ~ ::> :;-: I- 0:: <( a.. w ~ o + ~ w w ~ Cl ~1 ::> l- I- <( ~ ..J + ~ z w z CIl w z CIl o u I- CIl Cl (!l Z 0:: <( W a:I w ZCIl on:: _ ::J o 'J I- Ii': ,n ~ I -~ ~I .., ~I <>, "'I 1 I I I I . I e-~+- .- ~ ~ ~ '" <t- <:> '" " ." ~ l~ , I ,.j ~ \I) ,- "I l>- I>- M ~ I"- ~ <> 0- on 't .... s "- ..... 0- f" '" I'- <t' .... <> " '.... ....., .~ I~ I~ f- '<t \J) 'i:> I 't" "\ V) ~ l.t.,.{ ':~ "\1 ,<", I I~lll "- I"- N '" ~ ~ '''l J i:: J\ -~ ~ '" "t- oo <to I'- "'- " ... '" '" N <'l ''1;) 't- ~ N '" l') ~ IJ.l ~ " ~ ~I ~I <:j J ~ <: I I I I I I I I '" G <> " '" <:l '" ~ '" ~ <,~ '" ('{ '"'" (f> I'- N. ... t'- ~ '- '" r~ + "" 't- .... I'- ".: II> N. }:! "l- I'- <::> -.... (:>.::l '" \)-.. . <> ... .. --'-- "- "'" :::. ,., 'J " '" , ... , " r ~, " , " c ~ I I --- J-r i Iii I -- ,-- ! J J--- --1" . . I TLI-\- Ii! i II Iii : --- CITY OF' ASPEN 0& P. O. BOX V . ASPEN, COL.ORADO 81611 ., REPLY , I DATE TO ~, 1_ d_ 1- ""1'-1 DATE -I 1/ I '. ~ '~..Lc.-.~6- vl,l ~ l\)~ I, GJ~i;~t- ~ \{oId.~'-~!~'7 ~ \ "I)'\'\c~~ ~~ _J t%G BY ,. ~ ~K. tt -( I'I,;:J(H) = ?~.oo SIGNED 101m N_Ri:I,R Ine D""";'lqB,,,-"d, "K, Bex :>05, Dalla>, To.", 'NSTRUCTION" TO SENDER: t N STRU ",TO '-' N S TO R ~C E IVE R' 0, ~EEP vE.Ll.Llw "LlPY. 2. "ENLl wHITE ANLl "'N~ <:;O"'ES WITH CARSt:lN INTACT. ., ...RIT~ "fPLY, ." orT,,(;H STu,L ~EEP P'NK C[]Pv. RETURN "'HIT~ COPY,,, ""NDER MEMORANDUM TO: Aspen City Council FROM: Planning Staff (HC) RE: Subdivision Exemption - Mill Street Venture DATE: November 17, 1976 This is a request for subdivision exemption by Edward Deming, David Baxter, Edward Morse, III and Mountain States Communications Inc., owners of a parcel of land consisting of 52,302.9 square feet located at 533 North Mill Street, immediately northeast of the Trueman site. The exemption will permit the transfer of a portion of this property to the City for the use of right-of-way for the proposed realignment of north Mill Street. The reduction of the property, by 5,693.95 square feet to 46,608.95 square feet will create non-conformance with the 25% open space requirement for this project. This will necessitate a variance from the Board of Adjustment. The Aspen Planning and Zoning Commission on November 9, 1976 recommended approval of the subdivision exemption. The comments of the Planning Office are as follows: 1. The proposed subdivision does not create a parcel for development purposes and therefore is not within the intent and purpose of the Subdivision Regulations. 2. We would support the variance for open space requirements before the Board of Adjustment due to the obvious "Catch 22" problem for the applicant. The City has requested the grant of this right-of-way so as to provide for future expansion and realignment of Mill Street, should the grant not be made the City would be forced to condemn the right-of-way with the resultant creation of the open space deficiency. 3. A plat and site plan will be available at your meeting for your review. 4. The City Engineer recommends granting the subdivision exemption. 5. The Planning Office recommends approval of the request. COf#/C-11 ellJ-OV-e. II f z/~ PETER VAN DDMELEN Al"TORNEY AT LAW SUITE 202 MILL & MAIN BUILDING 400 E. MAIN STREET ASPEN, COLORADO B1611 (303) 925-6415 November I, 1976 City Planning Commission City,Council City Hall Aspen, Colorado 81611 Re: Request for Exemption from Subdivision Regulations Gentlemen: An Exemption from the application of the Aspen, Colorado Sub- division Regulations is requested with respect to the following described transaction. Edward H. Deming, David A. Baxter, Edward W. Morse, III and Mountain States Communications, Inc. are the owners of a parcel of land consisting of 52,302.9 square feet, more or less, located at 533 North Mill Street in the City of Aspen. The legal description of the parcel and a survey thereof are attached hereto. The City of Aspen, acting through the City En': : "eers Office, has formulated plans for the realignment of N(." th Mill Street and has advised the property miner that such proposed realign- ment will require the acquisition of a portion of their land. Superimposed upon the survey which is attached hereto, is the new westerly right-of-way line of the proposed realigned Mill Street. To facilitate the City's plan for the realignment of North Mill Street, the property owner is ,.illing to make a gift to the City, by quit claim deed, of all of its interest in that portion of said parcel which lies easterly of the new westerly right- of-way line of the proposed realigned North Mill Street. The legal description of the property which is to be conveyed to the city is attached hereto. . , \ The conveyance to the City will be subject to easements recorded in Book 293 at Page 873 of the pitkin County Records and any other reservations, exceptions, easements and restrictions of record. The conveyance will be contingent upon the grant of a variance by the Board of Adjustment in the "open space" requirements of the Aspen Zoning Code so as to permit the construction of the planned commercial building on the remainder of the parcel. An exemption from the application of the Aspen, Colorado, Sub- division Regulations is requested in order to permit this proposed conveyance. Yours very truly, U<<:J ~~)~~L, Peter Van Domelen Attorney for Property Owners PVD/pp encl. r "'\ , , !.\ r- , .. ~. , , " ,J .; '~nl''''n ~ l"("'l~a l~d.i:tiU. Uhi.Uifh:J INCORPORATED ..011_ POST OFFICE BOX Q ASPEN, COLORADO 8161 t PHONE: 303 925-7000 /7f- -k............ .51.... It.... ./ e+-r~_1 ~ ~" pc...-- August 3, 1976 Mr. Dave Ell i s City Engineer City of Aspen 130 South Galena Aspen, Colorado 81611 Re: Mill Street Venture Commercial Building 553 North Mill Street Dear Dave: _ The purpose of this letter is to serve as a basis for an agreement between the City and the Mill Street Venture in connection with the issuance of a Building Permit for the proposed 20,000 square feet building. In exchange for the issuance of a Building Permit, based on the plans previously submitted to the City of Aspen, we would agree to the following: 1. Conveyance to the City of Aspen of a strip of land along North Mill Street required by the City in order to straighten the approach to a proposed new Roaring Fork bridge. 2. Relocating the curb cut for the vehicular access to the lower floor of the building from its present planned location to a location meeting the City's approval app- roximately in the middle of the Venture's Mill Street frontage. 3. The vacation of the curb cut made necessary for the 20 foot access drive to the upper floor of the building as presently planned if and when a public road is installed bordering the southwest portion of the property that can be used for access to this level. [\ .r 1 r'\ r1 . l:" , 4 r i;,: i 'Jill LJd" ,'c d Mason t}f~~ORSe INCORPORATED __ POST OFFICE BOX a ASPEN, COLORADO 81611 PHONE: 303 925.7000 Mr. Dave Ellis Page Two August 3, 1976 4. An easement for access and ingress for the. '.' b~nef~ t of the Aspen Metropol i tan Sewer Also C..;;. .fc:."'1 Dlstrlct over and across that road used ,f I<"'cefscnd' . for access to the lower floor of the subject building. To use our best efforts to influence Mr. Edward W. Morse to use this same lower floor access for his "Vilcor Building" parking, and, if possible, to assist in the rerouting of. traffic entering the ramp to the lower I floor of the "Vil cor Buil di ng". -AI.r~ hlle..../!c"d,17 c!co"" To submit to the City a mutually satisfactory I landscaping plan to be finished either upon II completion of the building or the immediate , planting season thereafter. It is an understanding that in the interest of good planning and vehicular circulation that the City of \ Aspen will do its utmost to see that if a road is ~ installed as described in Item #3 above,or in the ~ ~ immediate area thereto, that it will border subject~~' property so that access can be had to and from it. 5. 6. If the above outline meets with your and the City Attorney's approval, we would appreciate notification as quickly as possible, so that we may finalize the agreement and proceed with the construction of our building. Very truly yours, MILL STREET VENTURE o ~~-cY G, 0~ David A. Baxter DAB/jlc MEMORANDUM TO: Aspen Planning Commission FROM: Planning Staff (HC) RE: Subdivision Exemption - Mill Street Venture DATE: November 4, 1976 This is a request for subdivision exemption by Edward Deming, David Baxter, Edward Morse, III and Mountian States Communications Inc., owners of a parcel of land consisting of 52,302.9 square feet located at 533 North Mill Street, immediately Northeast of the Trueman site. The exemption will permit the transfer of a portion of this property to the City for the use of right-of-way for the proposed realignment of North Mill Street. The reduction of the property, by 5,693.95 square feet to 46,608.95 square feet will create a situation of non-conformance with the 25% open space requirement for this project. This will necessitate a variance from the Board of Adjustment. The comments of the Planning Office are as follows: 1. The proposed subdivision does not create a parcel for development purposes and is not within the intent and purpose of the Subdivision Regulations. 2. We would support the variance for open space requirement before the Board of Adjustment due to the obvious "Catch 22" problem for the applicant. The City has requested the grant of his intent in the right-of-way and as such created the need for the variance. We understood the parcel in question is the subject of a title dispute with the City and this is simply a mechanism for reaching agreement on the dispute. 3. A plat and site plan will be available at your meeting for' your review. ! '. .... PETER VAN DOMELEN ATTORNEY AT LAW SUITE 202 MILL & MAIN 8UILDIN13 400 E. MAIN STREET ASPEN, COLORADO 81611 13031925-6415 November 1, 1976 City Planning Commission City Council City Hall Aspen, Colorado 81611 Re: Request for Exemption from Subdivision Regulations Gentlemen: An Exemption from the application of the Aspen, Colorado Sub- division Regulations is requested with respect to the following described transaction. Edward H. Deming, David A. Baxter, Edward W. Morse, III and Mountain States Communications, Inc. are the owners of a parcel of land consisting of 52,302.9 square feet, more or less, located at 533 North Mill Street in the City of Aspen. The legal description of the parcel and a survey thereof are attached hereto. The City of Aspen, acting through the City Engineers Office, has formulated plans for the realignment of North Mill Street and has advised the property owner that such proposed realign- ment will require the acquisition of a portion of their land. Superimposed upon the survey which is attached hereto, is the new westerly right-of-way line of the proposed realigned Mill Street. To facilitate the City's plan for the realignment of North Mill Street, the property owner is willing to make a gift to the City, by quit claim deed, of all of its interest in that portion of said parcel which lies easterly of the new westerly right- of-way line of the proposed realigned North Mill Street. The legal description of the property which is to be conveyed to the city is attached hereto. y - - The conveyance to the City will be subject to easements recorded in Book 293 at Page 873 of the pitkin County Records and any other reservations, exceptions, easements and restrictions of record. The conveyance will be contingent upon the grant of a variance by the Board of Adjustment in the "open space" requirements of the Aspen Zoning Code so as to permit the construction of the planned commercial building on the remainder of the parcel. An exemption from the application of the Aspen, Colorado, Sub- division Regulations is requested in order to permit this proposed conveyance. Yours very truly, {J:<<;) o.~)~ Peter Van Domelen Attorney for Property Owners PVD!pp encl. r" 130 so aspen, SPEN s t re e t 81611 MEMORANDUM DATE: October 9, 1975 TO: Members of City Council FROM~sandra M. Stuller RE: Rezoning of S/C/I - SPA Mill Street Venture Property; Northwest of Rio Grande Tract and West of Mill Street Application has been made by the Mill Street Venture to rezone their property next to the Vilcor Building from S/C/I - SPA to SiC/I. This parcel is under ownership different from the Schott land/Trueman Tract (though adjacent) and the owners wish to develop the tract independently. The Specially Planned Area designation prevents development of less than all the acreage without submission of and approval of a master plan for the entire site. P & Z has recommended the amendment subsequent to a public hearing held Tuesday, October 7th. The P & Z adopt- ed the reasoning for change presented by the applicant. SS/pk RECORD OF PI10CEEDII\lGS 100 Leaves f '>"l<" C. r, ~'J"':~[ L O. B. & L to. ------.---.-----.--.---.-----------.-.---- - - - ORDINANCE NO. ~~ (Series of 1975) M, ORDINANCE AMENDING THE ZONING DISTRICT MAP BY REZONING A TRACT OF LAND OvmED BY THE MILL STREET VENTURE FROM S/C/I - SPA to S/C/I WHEREAS, application has been made for rezoning of a tract of land owned by the Mill Street Venture from S/C/I Specially Planned Area to S/C/I (Service/CoIT~ercial/lndustrial), and WHEREAS, such rezoning has received an affirmative recommenation from the Planning and Zoning Commission and the City Council wishes to adopt the recommended change. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That'the following described tract of land situate in Pitkin County, Colorado, be and hereby is rezoned from Service/Commercial/Industrial - Specially Planned Area to Service/Commercial/Industrial (S/C/I): ~ tract of land located within the NW~SW\ in Sec. 7, TIOS, R84W in the 6th P.M., described as follows: Beginning at a monument "0-6A" set by L.S.2568 being 0.5 feet West of a fence corner in place, 50 feet Easterly measured at right angles from the center line of the tract of the Aspen Branch of the D&RGW Railroad Company, and being 1124.96 ft. South 39058'22" East from the West one-quarter corner of Sec. 7, TlOS, R84W of the 6th P.M. (1954 BLM Brass Cap) said point of beginning being the Northwest corner of property describ- ed in deed to Sam L. McKinley recorded March 29, 1955 in Book 177 at Page 620; thence along the boundary of said property the following courses I ; / / -c;- }!H3:'1:J X.LI::J 'l:l:unvlI . 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Uo :saout?~s1P pUB .0:>"1 ,,'~'O 'H~'_'-"m 'j":) 'J> Wli"J S()^Ufll 00 ~ S8N IG33:JOtld .:10 auo:JJtI "..... REQUEST FOR VARIANCE A variance is requested with respect to the "open space" requirements of S24-3.4 of the Zoning Code of the City of Aspen in connection with the proposed construction of a commercial building. The factual situation giving rise to this request is as follows: 1. The property involved is located on the westerly side of North Mill Street and is situated immediately south of the building commonly referred to as the House Care Building. The property is within theServicejCom- mercialjlndustrial Zone. The legal description of the property and a survey thereof are attached hereto. 2. The property is owned by Edward H. Deming, David A. Baxter, Edward W. Morse,III and Mountain States Communications, Inc. 3. 'In about June, 1976 the property owners submitted to the Building Inspecter proposed plans for the construction of a commercial building on the property. Attached hereto is the Plot Plan as originally submitted to the Building Inspector depicting the location of the building. '. ~ - 4. The property has a net area, exclusive of previously encumbered easements, of 48,558 square feet and the "open space" provided for in the original submission to the Building Inspector consisted of 12,140 square feet, so that the 25% "cpen space" requirement of 12,139 feet was thus complied with. A preliminary site plan reflecting these requirements is attached. , 5. -Following such submission, the property owners were advised by the City Engineer's office that future plans o~-cthe city involved a realignment of North Mill Street and that the proposed realignment would necessitate the acquisition of a portion of their property which was devoted to the "open space". 6-;-' _Attached hereto is the revised plot plan of the property which was submitted to the Building Inspector on October 12, 1976 and upon which has been superimposed the new westerly right-of-way line of Mill Street resulting from its proposed realignment. The proposed realignment of Mill Street will have the effect of reducing the net area of the property to 43,990 square feet and reducing the "open space" to 8,572 _..- square feet. As a result there will be a deficiency of 2,425 square feet in the required 25% "open space". The property owner desires to cooperate with the city in facil- itating the realignment of Mill 'Street and to that end has offered to make a gift to the City, by quit claim deed, of all of its r interest in that portion of its property lying easterly of the proposed westerly right-of-way line of realigned Mill Street. To enable the property owner to make this donation.and still proceed with its building plans, a variance in the "open space" , requirements of the Zoning Code will be required. The property which is to be given to the city will be utilized for public street purposes and will thus maintain the charateristic of open space. The foregoing will present a solution satisfactory to both the properey owner and the City and will avoid the acquisition costs and legal expenses which would be incurred by the City if it were required to institute condemnation proceedings for the acquisition of the property under the exercise of its right of eminent domain. For the reasons set forth above, it is requested that a variance be granted to subject property with respect to the "open space" requirements of 524-3.4 of the Zoning Code and that the property owner be.authorized to construct their building based upon the _"open space" of 8,572 square feet, more or less, as shown on the revised Plot Plan; said variance to be conditioned upon the donation by the property owner to the city of that portion of their property lying easterly'of the proposed westerly right- of-way line of realigned Mill Street. "'" This variance is requested upon those grounds enumerated in S2-22(d) of the Aspen Code of Ordinances; to wit: l. The special conditions and circumstances do not result from the' actions of the applicant, but, on the contrary, from the proposed actions of the City in effecting a public improvement. 2. The special and extraordinary circumstances which apply to subject property by reason of the realignment of Mill Street do not apply to any other properties in the same vicinity and zone. 3. The grant of the variance is essential to the enjoy- ment of a substantial property right which the applicant is entitled to enjoy at this time, but which would be denied if the applicant made a land donation to the city to accomodate the city's future plans for street alignment. 4. The grant of the variance will not adversly affect the general purposes of the comprehensive general plan, but, to the contrary, will be in furtherance thereof. Attached hereto is the certificate of Stewart Title of Aspen, Inc. listing adjacent property owners to whom notice of a hearing on this matter is required to be served. I'" The favorable consideration of the Board of Adjustment will be appreciated. , Respectfully submitted, ~1~,.~~ Peter Van Domelen Attorney for the Olvners P.O. Box 8009 Aspen, Colorado 925-64l5 .r.' AREA COMPUTATIONS FROM SURVEY ENGINEERS Total area of parcel Less area of easement ( Net area of parcel Total area of Right of Way to City Less area subject to easement Net area of parcel to City Remaining net area of parcel Net area of parcel to City Less access driveways "Open space" to City Original "open space" Less "open space" to City Remaining "open space" "Open space" requirement of 25% of 43,990 square feet "Open space" deficiency 52,303 square feet 3,745 square feet 48,558 square feet 5,694 square feet 1,026 square feet 4,568 square feet 43,990 square feet 4,568 square feet l,OOO square feet 3,568 square feet l2,l40 square feet 3,568 square feet 8,572 square feet lO,997 square feet 2,425 square feet