HomeMy WebLinkAboutcoa.lu.ex.Mill St. VentureMILL STREET VENTURE
X
Valley Petroleum Co.
P.O. Box 158 945-8695
Glenwood Springs, Colorado 81601
R. D. "DICK" GILSTRAP
Home: 532 Hyland Park
945-5332
MEMO
TO: MICK MAHONEY
CITY MANAGER
FROM: DAVE ELLIS
ENGINEERING
DATE: March 7, 1978
RE: Relocation of Sinclair Station
I met with Wendy Morse and Ed Deming last Friday at which
time I explained the City's reasons for not supporting the
relocation of Gilstrap's gas station operation. They 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 message to all involved. Strictly for the City's
benefit, however, I feel we should check out the matter of
the lease and legal interpretation once and for all.
L:
cc: uu- :iy Nuttall
Bill ha._,
March 6, 1978
Aspen Board of Adjustment
City cf Aspen
130 S. Galena Street
Aspen, Colorado 81611
RE: Case No. 73-1, 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 tr.,ly yours,
MASON & MORSE, INC.
Edward W. Mors
s
President
t'M:h!--
INCORPORATE[)
eam as[ce:
POST OFFICE BOX 0
ASPEN, COLORADO 81611
PHONE: 303 925-7000
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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.
lxll?
Edward W., orse
President
EWM:es
M830(1 & MORSe
INCORPORATED
111810 OFFICE:
POST OFFICE BOX Q
ASPEN, COLORADO 81611
PHONE: 303 925-7000
CITY OF
130 south galena street
aspen, Colorado, 81611
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 tabled -to this date at applicant's
request)
III. Adjourn
RECORD OF PROCEEDINGS
100 Leaves
06M 4 C. F. NOCCKFL a. B. n L. C9.
Regular Meeting Board of Adjustment February ',
The Aspen Board of Adjustment held a regular meeting on February 16, 1970, at
4:00 Pr-1 in the City Council Chambers. Members present were demo Lavagnino,
Gil Colestock,-Charles Paterson, Josephine Mann, Francis Whitaker and marilyn
Beer. Also .present was Clayton rIeyring, City Building Inspector.
Approval of`Sinutes Colestock moved to approve the minutes of January 5, 1970
as is, Mann seconded. All in favor, motion approved.
Case No. 7"-1, Lavagnino read the.application. Application is made for
Mill -Street Venture 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 frora 19.486 to 11.17s�. The required open
space is 250�,-. Justification: City of Aspen desires to
relocate Sinclair operation out of downtown area. Re-
location will permit the above and place same in a ner-
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 256 to 19.43o(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 S'
abutting the existing building. Morse has talked with
r� ' IPlanner Bill Kane and Engineer Dave Ellis about the
,p entrance problems and possible resolutions. He showed
the Board on a map the possible forced eNit, curb cuts,
�f �►` green spacell easements, etc.
k.
�S Lavagnino asked 1•Iorse why Dick Gilstrap, owner of a 99-
�� year lease, would want to give it up. Morse said that
since the Malls were constructed, business has severly
decreased. Colestock asked if there would be nine 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
- r--i-
to grant a vaiance. use understood this but said the
only justification was�t a ie ity had expressed this
desire and he was complying. Lavagnino asked r,orse 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. Lo 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 Citv's reason.
for this relocation but would like them to ):nov: , in ad-
- vance, the Board's guidelines for granting a variance.
Whitaker asked Meyring the parking requirements for thi:-
station. Pieyring checked the code for such rec-uirement:;
Whitaker asked Norse the square footage that this static.:
would require. Morse estimated 4000 square feet. fie
also noted that the utility lines would be undergrounde6.
JiK
Regular Meeting Aspen Board of Adjustment February 16, 1978
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.
'j 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 proposed
(station created congestion, traffic hazards, pedestrian
hai-ards, delivery problems, etc., the public would
.
crea-te static. Hi.s feeling on this proposition is that
it "is 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 th_e 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.
Sheryl gimmen, Deputy City Clerk
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APPEAL TO BOARD OF ZONING ADJUSTMENT
CITY OF ASPEN
DATE 1-17-78 CASE NO.
APPELLANT Mill Street Venture ADDRESSBox Q, Aspen, Colorado 81611
PHONE 925 7000
OWNER Mountain States CommunicationsADDRESS Box Q
Edw rd W. Morse
David A. Baxter Aspen,'Colorado 81611
Edward H. Deming
LOCATION OF PROPERTY 465 North Mill Street, City of Aspen
Street & Number of Subdivision Blk. & 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 <:R- — I
THE BOARD WILL.RETURN THIS APPLICATION IF IT DOES NOT CONTAIN
ALL THE FACTS IN QUESTION.
DESCRIPTION OF PROPOSED EXCEPTION SHOWING JUSTIFICATIONS:
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 Mil-1 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 above and place
same in a permissible use district more desireable and acceptable for
such use.
Will you be represented by counsel ? Yes No X
SIGNED: c��_-
Appellant
PROVISIONS OF THE ZONING ORDINANCE REQUIRING THE BUILDING INSPECTOR
TO FORWARD THIS APPLICATION TO THE BOARD OF ADJUSTMENT AND REASON
FOR NOT GRANTING:
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•43' to 11.170. The required open
space is 25%. Section 24-3.4 Area and Bull: Requirements
SCI Zoning District.
status CHIEF BUILDING INSPECTOR
PERMIT REJECTED, DATE
S n e d ftLAYTO titLY U
DECISION DATE
APPLICATION FILED DATE IF HEARING
MAILED SECRETARY
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 Sinclair Station at Cooper and Galena Streets
to the Mill Street Venture property at 465 North Mill.
Attached to the application are two plats showing the
proposed relocation, a list cf 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.
Edward W., Morse
Presiden
E W M : e s
Enclosure
cc: Hen. Stacey Stanley Mr. Richard Gilstrap
Mr. William Kane vMr. David Ellis
, son f; Wffie
I N C O R P O R A T E D
win ofce:
POST OFFICE BOX 0
ASPEN, COLORADO 81611
HONE: 303 925-7000
i 1 E� N
cl y SIP
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t re e t 30 so;!,
a s P e H 81611
AGENDA
ASPEN BOARD OF ADJUSTMENT
FEBRUARY 16, 1978 - 4:00 PM
CITY (.r)UNCIL CHAMBERS - CITY HALL
I. Approve Minutes
II. New Business
CCase-i1o. 7E-1, trill Street Ventur-e-fia5
ITI. Adjourn
01
r
APPEAL TO BOARD OF ZONING ADJUSTMENT
CITY OF ASPEN
DATE 1-17-78 CASE NO. 7 2---
APPELLANT Mill Street Venture —ADDRESS-Box Q, Aspen, Colorado 81611
Pl4Ol,L ��5 7000
OWNER Mountain States Commuriicationsf�DDl-,) S.�; Box Q
Edwar orse --
David A. Baxter _Aspen, . Colorado 81611
Edward H. Dem— rig
LOCATION OF PROPERTY 465 North Mill Street, City of Aspen
(Street & Number of Subdivision Blk. & Lot No.
Building Permit Application and prints or any other pertinent
data must accompany this application, and will be made part of
CASE NO. /<:R---
THE BOARD WILL RETURN THIS APPLICATION IF IT DOES NOT CONTAIN
ALL THE FACTS IN QUESTION.
DESCRIPTION OF PROPOSED EXCEPTION SHOWING JUSTIFICATIONS:
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 Mill 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 above and place
same in a permissible use district more desireable and acceptable for
such use.
Will you be represented by counsel ? Yes No X
SIGNED:
Appellant
PROVISIONS OF THE ZONING ORDINANCE REQUIRING THE BUILDING INSPECTOR
TO FORWARD THIS APPLICATION TO THE BOARD OF ADJUSTMENT AND REASON
FOR NOT GRANTING:
APPLICATION IS IADE FOR A BUILDING PERMIT TO BUILD A
GASOLINE SERVICE STATION.
The proposed gasoline service station would reduce the
oven snace for an existlnl-, G,er%'ice, co!�ia.ercial,. Indus-
tr.1;11 huild.in;7 Cro:.. .19. i
smace is 25'% 'cct.i.on -%-3.11 Alva "Ind Ral}, 11,0111irei ents
SCI Zonin;; District.
S�� �I
Status CHIEF BUILDING I:+C;I I ;:`.'OR 5 �l�.tied CLAYTOi Ii, MEi � ifG
PERMIT REJECTED, DATE_ _DECISION DATE
APPLICATION FILED DATE IF HEARING
MAI1. r'P SECRETARY
//-1/-77
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CITY OF ASPEN
MEMO FROM DAVE ELLIS
V��_ (� �la., � � - / /// -5-17 7
^9
Aspen/Pitkin Manning Office
130 south galena street
aspen, cojorado, 81611
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.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 Zoninc 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.
Sincerely
71
William G. Kane
WGK:mar
cc: Wendy Morse, Mason & Morse
Mick Mahoney
Stacy Standley
-flavid Ellis
MEMORANDUM
TO: Stacy Standley III, Mayor
FROM: Planning Office, Joe Wells
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 S/C/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 f open space
points out that because of th rq20!offtthe
teas�e�me-,Mere is now )edZc�
only 9,863 sq.ft. of open space, or site. Furthermore, the
east side of the building is !very close to the 20 foot setback for
the right of way.
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
the impact of the end of the building. The site plan does not show
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 not particularly workable as a gas station
site. Additionally, the removal o is parcel rom open space Would
not --only 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 becreated by the
a ition of a service station just of of Mill Street once this
building, the Trueman and Savings and Loan projects are complete,
as welT as the additional resi—d—en—t—la-1 units that inevitably wI 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
buildingere e 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
_PaV15 Ellis, City Engineer
MEMORANDUM
TO: Mick Mahoney
Stacy Standley
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 Mill 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 cashier's booth as is
shown on the plan. Otherwise it is arguable that this could be facilitated
within the plan without an addition to the FAR. I should remind you that
gasoline service stations are allowed by_righ_i_n.the SCI zone and the
only real City role in this would be to make some concession for circulation
and 1 andsc a pingand 1 andscapi g no e ri -t of wa— and ue off` tF�esTiy-t— tl�
ill Streetright f u ation in the area e gas
s a ion. is rea y constitutes t e emit 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 Wells
Stacy Standley
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F,ASEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 8th day of
September, 1977, between DAVID A. DAXTER, EDWARD H. DEMING,
EDWARD W. MORSE and MOUNTAIN STATES COMMUNICATIONS, INC., a
Colorado corporation (hereinafter referred to as "Grantors"),
and THE CITY OF ASPEN, COLORADO, a municipal corporation (herein-
after referred to as "Grantee").
R E C I T 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.':., being described as follows:
Beginning at a point being S40002157" E 1,151 feet
from the West 1/4 corner of Section 7, T. 10 S.,
R. 84 W., of the 6th P.:1. (a 1954 unapproved brass
cap in place); thence N20°16' E 224.60 feet; thence
S84°19' W 80.56 feet; thence N 05*41' W 66.33 feet;
thence S84°19' W 203.00 feet; thence 222.1 feet along
a curve to the left with a radius of 668 feet and whose
chord bears S25140102" E 221.1 feet; thence S66°48'31" 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 M E N T:
i. 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 -described 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 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:
Dated: 9�C� ,7%
Dated: f� F- 72
MOUNTAIN STATES COMMUNICATIONS, INC.
Dated: / C/ —77 BY
its �
Dated: 9/9/77
ATTEST:
Kathryn S Hau er, City Clerk
By
THE CITY OF ASPEN, COLORADO
A municip-al corpora ion
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130 so,.:t galena street
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aspen, zolorado 81611
MEMORANDUM
DATE: November 1, 1978
TO: Members of P&Z
FROM: icon Stock
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
the 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. The
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. idorse to deed to the City that area
colored blue on the attached map.
The area, ;hen deeded to 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:me
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36 Y-5-3 11-
EASEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 8th day of
September, 1977, between DAVID A. BAXTER, EDWARD II. DEMING,
EDWARD W. MORSE and MOUNTAIN STATES COMMUNICATIONS, %NC., a
Colorado corporation (hereinafter referred to as Grantors"),
and THE CITY OF ASPEN, COLORADO, a municipal corporation (herein-
after referred to as "Grantee").
R E C I T 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 S40002'57" 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 N20016' E 224.60 feet; thence
S84019' W 80.56 feet; thence N 05041' i'1 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 S66048131" 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 M E N 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
Ir
the easement shall be borne by Grantee.
3. There 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.
14. 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:
David A. Baxter
Dated: j
Dated:
Dated:
and H. Deming
Edward W./Morse
MOUNTAIN STATES COMMUNICATIONS, INC.
By
Its "Z/4
2HE CITY OF ASPEN, COLORADO
A Municipal Corporation
Dated : /� 7 By
ATTEST:
+ thryn S. o
City Clerk
Pamela K. Realmuto
Deputy City Clerk
-2-
Recordedat ................................ o'clock ............ M.,............................................................................
a-cention No .............................
I�
..........................................................................Recorder.
Tills 1pr:r.a., 26t'l !R of December , 19 78,
between EDWARD W. ;HORSE III
of the County of Pitkin and state of
Colorado, of the first part, and
THE CITY OF ASPEN, a municipal corporation
of the County of Pitkin and state of
Colorado, of the second part,
WITNESSETH, That the said part y of the first part, for and in consideration of the swn of
TEN DOLLARS and other valuable consideration --------------
`.: :: a said pakt y of tht! s;; 7—f in hand aid b the said y part, the receipt whereof
p y part of the second
is hereby confessed and acknor.i.:lged, ha S tee ,':.ca r�� •. �+ %oid, conveyed and QUIT CLAIMED, and by
these presents doe remise, release, sell, convey and tzl,: CLAIM L.Ito the <n„t party of the second pn,rt,
i t S heirs, successors and assigns, forever, all the right, title, interest, claim ana u.:,wiid 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:
3Go��3
A tract of land located within the NWJSWJ in Section 7,
Township 10 South, Range 84 West of the 6th Principal Meridian,
Pitkin County, Colorado, being the southeasterly corner
of the property granted to Edward W. :Norse III in the deed
which is recorded in Book 293 at Page 873, Pitkin County
Clerk and Recorder's Office. The property is more fully
described as follows:
Beginning at a point, said point being S49038'48"E 1342.23
feet from the west 1/4 corner of Section 7, Township 10 South,
Range 84 West of the 6th Principal Meridian; thence S05o41'E
29.66 feet; thence S840191W 14.44 feet; thence N20016'E 32.99
feet to the point of beginning.
TO HAVE I.ND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto
belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the
said part y of the first part, either in law or equity, to the only proper use, benefit and behoof of the said
part y of the second part, i t S heirs and assigns forever.
IN WITNESS WIIEREOF, The said part y of the first part 1?a S hereunto set his hand
and seal the day and year first above written.
.....[SEAL]
signed, Sealed and Delivered in the Presence of EdWa d W . �'i
........................................................................................... [SEAL]
........................................................................................... [SEAL]
...........................................................................................[SEAL]
STATE OF COLORADO, I
ss.
Countyof Pitkin
The foregoing instrument was acknowledged before me this '� day of /Vk
1978,by* Edward W. 'Morse III.
M commission expires �% ?/
3' P� � 19� .Witness my hand and official seal.
.1
................................................................................................. - ....:..:.
Notary Publ(c.
No, 933. QUIT CLAIM DEED. —Bradford Publishing Co.,'1s2/-tG stout Street, Denver, Colorado —N•?G
Recordedat ................................ o'clock ............ M.,............. ............. ........................................
ReceptionNo ........................................
.....................................................................Recorder.
36/�3
TIIIS DI:F.11, Made this 2 6 t h day of December , l9 78,
between EDWARD W. MORSE III
of the County of Pitkin and state of
Colorado, of the first part, and
THE CITY OF ASPEN, a municipal corporation,
of the County of Pitkin 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
TEN DOLLARS and other valuable consideration--------------xj5MMMs,
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, sold, conveyed and QUIT CLAIMED, and by
these presents do es 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:
That portion of the access, utility and parking easement for
the benefit of Edward W. iViorse III recorded in Book 293 at
Page 873 in the records of the Pitkin County Clerk and Recorder
which encumbers the property deeded to the City of Aspen in
Book 321 at Page 797 and located within the NWJSWn in Section 7,
Township 10 South, Range 84 West of the 6th Principal Meridian,
Pitkin County, Colorado, the tract of land being more particularl,
described as follows:
Beginning at a point, said point being S49038148"E 1342.23 feet
from the west 4 corner of Section 7, Township 10 South, Range 84
West of the 6th Principal Meridian; thence N200161E 15.79 feet;
thence S1003213011r 40.45 feet; thence S19005'07" W 41.00 feet;
thence S84019'?V 23.98 feet; thence N20016'E 37.45 feet; thence
N84019'E 14.44 feet; thence N05041'W 29.66 feet to the point
of beginning.
TO HAVE t..ND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto
belonging or in anywise thercunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the
said part y of the first part, either in law or equity, to the only proper use, benefit and behoof of the said
part y of the second part, it S heirs and assigns forever.
IN WITNESS WHEREOF, The said part y of the first part lia S hereunto set h i S hand
and seal the day and year first above written.
........
..................................... ..SEAL]
Signed, Sealed and Delivered in the Presence of Edward W. '.iorse II
•------------------------------------------------------------------------------------------ [SEAL]
........................... --- . - ..._..................... -- .--..-..._.-
.......................................................................................... [SEAL]
................................................................................ .........
............ ............................................................................. [SEAL]
STATE OF COLORADO,
ss.
County of Pitkin `-
The foregoing instrument was acknowledged before me this `�� day of Lie
19 78,by* Edward W. ;-Morse III.
My commission expires _ , 196 z: Witness my hand and official seal.
'd
.....:...............................................................................................................:....................................
,
Notary i'ublta
No. 9:t;l• QUIT CLAIM DEED. —11rad ford Publishing Co., 1624-46 Stout Street, Denver, Colorado sib .a
- c
CITY OF ASPEN 6
CITY 4 ASPEN
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CITY OF ASPEN 6
MEMO FROM DAVE ELLIS 11 1 -7d
CITY OF ASPEN 6
MEMO FROM DAVE ELLIS / i 7(,�
11-1tK fxcs l-fiyalpli c- /W do,
ra-r/e. vn Ct,4-�x
J, ,q, t/ 5; velA rle— F>-t c-rctt "Nts,
pLks yl ur / b c.77 F„4, c ",*7 / , /e/
�f
CITY cw ASPEN
MIL SM V • A01W.H. COLORADO B1611
TO �Y/�/1y % aal+/
L 0/, DATE 7
a k v Z4,11 l/
e�l
BY
Form N R73A. The Drown, Board. Inc., Box 505. DO., Te.::,
SIGNED
DETACH AND FILE FOR FOLLOW-UP
External Media
Located Here
�M
CITY OF ASPEN
130 south galena street
aspen, colorad,oi"81611
y_
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: me
Enc.
�� -:i"�.
t+i` '- �Yk:....
j'f'i ;y.
'.L �.. .lF3� .1i �6. 'i !' w• 'M"..'tfi •' f�.�'�`:• _-
t_
a
CURB, GUTTER AND SIDEWALK I14PROVEMENT AGREEMENT
BETWEEN
THE CITY OF ASPEN AND THE MILL STREET VENTURE
WHEREAS, Edward H. Deming, David A. Baxter, Edward W.
Morse III, and Mountain States Communications, Inc., a Colorado
corporation (hereinafter referred to as "The 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, THEREFORE, the parties agree as follows:
1. The Mill Street Venture agrees to construct curb_, _
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.
3. This 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 STREET VENTURE
Edward H. Deming
David A. Baxter
Edward W. Morse III
MOUNTAIN STATES COP.MUNICATIONS, INC.
I' I
Its
CITY OF ASPEN, COLOR -ADO
A municipal corporation
By
- Its - ---- - --- - --- -----
-2-
EASEMENT AGREEMENT
THIS AGREEMENT, made .and entered into this 8th day of
September, 1977, between DAVID A. BAXTER, EDWARD H. DEMING,
EDWARD W. MORSE and MOUNTAIN STATES COMMUNICATIONS, INC., a
Colorado corporation (hereinafter referred to as Grantors"),
and THE CITY OF ASPEN, COLORADO, a municipal corporatiori,"(herein-
after referred to as "Grantee").
R E C I T 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 S40002157" E 1,451 feet
from the West 1/4 corner of Section 7, T. 10 S.,
R. 84 W. of the 6th P.i;i. (a 1954 unapproved brass
cap in place); thence N20016' E 224.60 feet; thence
S84019' W 80.56 feet; thence N 05041' ,"1 66.33 feet;
thence S84019' W 203.00 feet; tiience 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 M E N 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 -described 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 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:
Dated:
Dated:
Dated:
Dated:
ATTEST:
Kathryn S. Koch
City Clerk
David A. Baxter
Edward H. Deming
Edward W. Morse
MOUNTAIN STATES COMMUNICATIONS, INC.
Its
THE CITY OF ASPEN, COLORADO
A Municipal Corporation
go
-2-
is
Regular Meeting Aspen City Council November 22, 197,
Ms. Patterson stated the entire request was $1120. The kids said they would paint tl,,..
building, carpet has been donated.
Councilwoman Pedersen moved that any expenditure neceesary for capital improvements
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 with Dave Ellis, engineering depart,..,.
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 1;
grass. Martin submitted a revised map of the encroachments. Ellis had asked for rigl..,
of ingress and egress across the west five feet of the property to make sure people 11;_
the right to get down to the river from Hopkins street.
Councilman 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 dealin::
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 plann':.:
office recommends approval. The land is zoned R-6.
Councilwoman Pedersen moved to approve the subdivision exemption; seconded by Councils..::.
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 impler.,:.
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 on the three lots. Councilwoman Johnston stated she fcl-
this would have too much impact and should go through subdivision review. City Attor),
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 favor;
Councilmembers Johnston and Behrendt against. Motion carried.
2. Fasching Haus. Clark stated this was a request for exemption for units 4A and 4 c'.
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 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 housina.
All in favor, with the exception of Councilmembers De Gregorio and Parry. Motion carric
3. Alpine Acres. Clark stated this subdivision exemption was merely a conveyance to th
City for use as right-of-way for Gibson Avenue. The land will be not used for developme
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 applic
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 on
North Mill street. The future plans call for the City widening Mill street. Ellis 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 eases-,
to the adjacent Aspen One property.
Councilman De Gregorio moved to approve the subdivision exemption; seconded by Councilma
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
two rentals per year.
Councilwoman Pedersen moved to exempt from subdivision with the contingency of a six
month rental or two rentals per year besides the owners; seconded by Councilman De Grea<
All in favor, motion carried.
PETER VAN DOMELEN
ATTORNEY AT LAW
SUITE 202 MILL & MAIN BUILDING
400 E. MAIN STREET
ASPEN, COL❑RAD❑ 61611
(303) 925-6415
December 8, 1976
Ms. Sandra Stuller
City Attorney
130 S. Galena St.
Aspen, Colorado 81.611
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 pc-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
Rank 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 advised that Clayton is in a position to issue the building
pern)it 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 passible.
I shall await your advices.
Yours Very truly,
i
Peter Van Domelen
PVD/pp
cc: W. Morse
REGISTERED IN COLO., NEW MEXICO AND UTAH
IURVEY ENGINEERS, INC.
C'ct. 21, 1976 682 BRENTWOOD DRIVE
PALISADE, COLORADO 81526
PHONE 303-464-7568
ELKS BUILDING
"o ..........
Reply P.O. BOX 2506
ASPEN, COLORADO 81611
PHONE 303-925-3816
1--, -1-
GERARD H. PESNIAN, P-E., L.S.
MAX E. MORRIS
RICHARD F. BARTON, L.S.
Tine
follovii-Lit.,
ik.lie
now
for that p,ircel of I:And ;ituz-ited
in
Sec . Y 10�,
Of
tAle
Parcel (-�o be deeded 'kl,,) """y of aspen)
'l 0` R " 4 the bth P.N. be-;nE;
0 i n d U e (:I :in c 'i b o f*
d e:, c r b e cl C 3 1 0,-v -
Ber,--` nriin- L, )oj-nu bcdn,,_- 0`40 14-' 1.00 f 02'57"1-1 from. the �-4
corner ;roc. 7 of the (a 1954 wnlpproved Briss Cap
in -pl. --cu ) ;
thence NIL01 60 f t
thence
thence N01)
thence N20 10" 11,1` 1 1 ft.
thence -50"E, 40.45 f
thence 610 2110.00 fu.
thence 11604815111Nl 25.'10 ft. Lothe point of beginning, containing
kb
AM0UNT$150,000.00
1. Name of Insured:
C SCHEDULE A
Effective Date: J un e 3, 19 7 6
at 8:00 A.M.
FIRST NATIONAL BANK IN ASPEN
POLICY NO. M 1 007487
76-04-39
2. The estate or interest in the land described in this Schedule and which is encumbered by the insured mortgage is: (a fee, aleasehold, 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 MADE 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
West of the 6th P. M., described as follows:
BEGINNING at a point from whence the West 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 with a radius of 668.00 feet a
distance of 222.1 feet the chard of which burs 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 66' 48' 31" East 151 feet along the Northeasterly line
of said tract of land described in Book 276 at Page 604 to a point_
on the Northwesterly line of tract of land described in Book 180
at Page 345;
thence North 19' 05' 07" East 240.00 feet along said Northwesterly
line to the most Northerly corner of said tract of land described
in Book 180 at Page 345;
thence North 100 32' 30" East 63.00 feet to the Southeasterly
corner of said tract of land described in Book 177 at Page 618;
thence South 84* 19' West 5.00 feet along the Southerly line of
said tract of land described in Book 177 at Page 618;
thence South 05' 41' East 66.33 feet along the; Easterly line of a
tract of land described in Book 293 at Page 873;
thence South 84' 19' West 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 Southerly line of said tract of land described in Book 117 at
Page 618;
thence South 84' 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 premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material theretofore or hereafter furnished, imposed by law and not
shown by the- public records.
NOTE: Exceptions numbered --I, 2 and 3 are hereby deleted.
Please see Exhibit "B" attached.
i
SCHEDULE B—PART II
In addition to the matters 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 Tien or charge of the insured mortgage upon said estate or interest:
)()RH am (Co) Irwt 8 •Y 1
EXHIBIT "B" ATTACHED AND MADE A PART OF
US LIFE TITLE INSURANCE COMPANY OF DALLAS
POLICY NO. M 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 Page 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.
Recorded at ..........
3. q..........o'cctock...... P....31.,
&f� Via?
Reception No. ........
........�t.l14AS:....F..,....JL.71 _V . .............................
Julie Hane t °UQ}!31�, i'A �t ;
...........................................................Recorder.
RECORDER'S STAIMP
THIS INDENTURE, Made this 1st day of June ,
19,76 , between
EDWARD H. DEMING, DAVID A. BAXTER, EDWARD W. MORSE III,
and MOUNTAIN STATES COMMUNICATIONS, INC., a Colorado
corporation
whose address is P . 0. Box Q Aspen
County of Pitkin and State of Colorado
parties of the first part, and the Public Trustee of the
County of Pitkin in the State of Colorado, party of the
second part, Witnesseth:
THAT WHEREAS, the said
EDWARD H. DEMING, DAVID A. BAXTER, EDWARD W. MORSE III, and MOUNTAIN STATES
COMMUNICATIONS, INC., a Colorado corporation
have executed their promissory note bearing even date herewith for the
principal sum of
ONE HUNDRED FIFTY THOUSAND & 00/100------ ($150,000.00)— ------------------ Dollars,
payable to the order of FIRST NATIONAL BANK IN ASPEN
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 per cent per annum, payable
in one single payment of the principal balance plus accrued interest due and
payable in full on or before maturity, December 1, 1976.
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 whose hands soever the said note or any of them may be.
NOW THEREFORE, The said parties of the first part, in consideration of the premises, and for the purpose
aforesaid, do hereby grant, bargain, sell and convey unto the said party of the second party in trust forever,
the following described property, situate in the County of Pitkin and State of
Colorado, to wit: A tract of land situated in the Northwest one -quarter of the
Southwest one -quarter of Section 7, Township 10 South, Range 84 West of the 6th
P.M., described as follows:
BEGINNING at a point from whence the West one -quarter corner of said Section 7,
bears North 39058'22" 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 with a radius of 668.00 feet a distance of 222.1
feet th•t chord of which bears South 25040'02" East 221.1.feet, along the North-
easterly line of a tract of land described in Book 276 at Page 604;
thence South 66048'31" East 151 feet along the Northeasterly line of said tract
of land described in Book 276 at Page 604 to a point on the Northwesterly line
of tract of land described in Book 180 at Page 345;
thence North 19005'07" East 240.00 feet along said Northwesterly line to the most,
Northerly corner of said tract of land described in Book 180 at Page 345; I
thence North 10032'30" East 63.00 feet to the Southeasterly corner of said tract
of land described in Book 177,at Page 618;
thence South 84019' West 5..00 feet along the Southerly line of said tract of
land described in Book 177 at Page 618;
thence South 05041 "East 66.33 feet along the Easterly line of a tract of land
described in Book 293 at Page 873;
thence South 84019' West 95.00 feet along the Southerly line of said tract of
land described in Book 293 at Page 873;
thence North 05041' 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 Southerly line of said
tract of land described in Book 117 at Page 618;
Thence South 84°19' West 203.00 feet along said Southerly line to The Place of
Beginning.
COUNTY OF PITKIN
STATE C' COLORADO
No. 840A. DEED OF TRUST. —Public Trustee. —Receivers Clause. —Attorneys Fees.
• —Bradford Publishing Co.. 1824-46 Stout Street, Denver, Colorado-10-75
61.
TO HAVE AND TO HOLD the same, together with all and singular the privileges and appurtenances, thereunto
belonging: In 'Dust Nevertheless, That in case of default in the payment of said note or any of them, or any
part thereof, or in the payment of the interest thereon, according to the tenor and effect of said note or any of
them, or in the payment of any prior encumbrance, principal or interest, if any, or in case default shall be made in
or in case of violation or breach of any of the terms, conditions, covenants or agreements herein contained, the bene-
ficiary hereunder or ti;e legal holder of the indebtedness secured hereby may declare a violation of any of the cove-
nants herein contained and elect to advertise said property for sale and demand such sale, then, upon filing notice of
such election and demand for sale with the said party of the second part, who shall upon receipt of such notice of
election and demand for sale cause a copy of the same to be recorded in the recorder's office of the county in which
said re4J estate is situated, it shall and may be lawful for said party of the second part to sell and dispose of the same
(en mr,Fe or in separate parcels, as said Public Trustee may think best), and all the right, title and interest of said
parties of the first part, their heirs or assigns therein, at public auction at the South
i front door of the Court House, in As, pe n County of Pitkin and State of Colorado,
or on said premises, or any part thereof, as may be specified in the notice of such sale, for the highest and best price
the same will bring in cash, four weeks' public notice having been previously given of the time and place of such sale.
I, by advertisement, weekly, in some newspaper of general circulation at the time published in said
County of Pitkin a copy of which notice shall be mailed
within ten days from the date of the first publication thereof to said part of the first part at the address
�! herein given and to such person or persons appearing to have acquired a subsequent record interest in said real
estate at the address given in the recorded instrument, where only the county and state is given as the address
then suk h notice rhall be mailed to the county seat, and to make and give to the purchaser or purchasers of such
property at such sale a certificate or certificates in writing describing such property purchased, and the sum or sums
paid therefor, and the time when the purchaser or purchasers (or other person entitled thereto) shall be entitled to a
deed or deeds therefor, unless the same shall be redeemed as is provided by law; and said Public Trustee shall, upon
demand by the person or persons holding the said 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 such demand is made,
the time for redemption having expired, make and execute to such person or persons a deed cr deeds to thr said
property purchased, which said deed or deeds shall be in the ordinary form of a conveyance, and shall be signed,
acknowledged and delivered by the said Public Trustee as grantor, and shall convey and quitclaim to such person
j or persons entitled to such deed, ss grantee, the said property purchased as aforesaid, and all the right, title,
interests, benefit and equity of redemption of the part ies of the first part, their heirs and assigns
therein and shall recite the sum or sums for which the said property was sold and shall refer to the power of sale
herein contained, and to the sale 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 such property by a subsequent encumbrancer, such assign-
ment or redemption shall also be referred to in such deed or deeds; but the notice of sale need not be set out in such
deed or deeds; and the said Public Trustee shall, out o1 the proceeds or avails of such sale, after first paying and
retaining all fees, charges and costs of making said sale, pay to the beneficiary hereunder or the legal holder of said
note the principal and interest due on said note according to the tenor and effect thereof, and all moneys
advanced by such beneficiary or legal holder of said note for insurance, taxes and assessments, with interest
I�
thereon at 12 per cent per annum, rendering the overplus, if any, unto the said part ies o1 the first part,their
ii legal representatives or assigns; which sale or sales and said deed or deeds so made shall be a perpetual bar, both
in law and equity, against the said part ies of the first part,t:heir heirs or assigns and all other persons
I claiming the said property, or auy part thereof, by, from, 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 said property or any part thereof; and it shall
not be obligatory upon the purchaser or purchasers 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, theirheirs or assigns, will pay the
expense thereof.
And the said part ies of the first part, for themselves and for their heirs, executors,
and administrators, coverant and agree to and with the said party of the second part, that at the time of
the ensealing of and delivery of these presents they are well seized of the said lands and tenements in
fee simple, and ha ve good right, full power and Iawful authority to grant, bargain, seal and convey the sane in
manner and form as aforesaid; hereby fully and absolutely waiving and releasing all rights and claims they may
have in or to said lands, tenements, and property as a Homestead Exemption, or other exemption, under and by virtue
of any act of the General Assembly of the State of Colorado now existing or which may hereafter be passed in
} relation thereto; and that the same are free and clear of all liens and encumbrances whatever,
i
li I!
1 I
,� II
sr _
and the above bargained property in the quiet and peaceable possession of the said party or the second part, hia
successors and assif;ns, against all and every person or persons lawfully claiming or to claim the 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 Les of the first part
will in due season pay all taxes and assessments levied on said property; 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 such company or companies as the holder of said note
may, from time to time direct, for such sums as such company or companies will insure for, not to exceed the amount
of said indebtedness, except at the option of said part of the first part, with loss, if any, payable to the beneficiary
hereunt'r,r, as its interest may appear, and will deliver the policy or policies of insurance to the beneficiary
hereunder, as further security for the indebtedness aforesaid. And in case of the failure of said parties of the
first part to thus insure anal deliver the policies of insurance, or to pay such takes or assessments or amounts due
or to become due on any prior encumbrance, if any, then the bolder of said note , or any of them, may procure
such insurance, or pay such taxes or assessments or amounts due upon prior encumbrances, if any, and all moneys
thus paid, with interest thereon, at 12 per cent per annum, shall become so much additional indebtednes9,
secured by this deed of trust, and shall be paid out of the proceeds of the sale of the property aforesaid, 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
and a?-r•eement
AND THAT IN CASE OF ANY DEFAULT, Whereby the right of foreclosure occurs hereunder, the said party
of the second part or the holder of said note or certificate of purchase, 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 such 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 px. : or the holder of said note or
certificate of purchase on request, and on refusal, the delivery 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 second part, or the holder of said note or certificate of purchase, 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 time covered by foreclosure proceedings and the period of redemption, if any there be, and shall ;,e
entitled thereto as a matter of right without regard to the solvency or insolvency of the part ies of the first part
or of the then owner of said property and without regard to the value thereof, and such Receiver may be appointed
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 such Receiver to the
payment of the indebtedness hereby secured, according to law and the orders and directions of the court.
AND, That in case of default in any of said payments of principal or interest, according to the tenor and effect
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 sold in
the manner and with the same effect as if the said indebtedness had matured, and that if foreclosure be made by the
Public Trustee, an attorneys fee of the sum of a reasonable amount of dollars for services
in the supervision of said foreclosure proceedings shall be allowed by the Public Trustee as a part of the costs of
foreclosure, and if foreclosure be made through the courts a reasonable
as a part of the costa of such foreclosure proceedings.
IN WITNESS WHEREOF, the said part ies of th
and seal s the day and year first above written.
MOUNTAIN STATES CO.1r1UNICATIONS, INC. _.Ydwn7rrd"'li':
a Colorado corp tion �'�
WITNESS:
STATE OF COLOR7/1
l
County of
ar
. Morse
fee shall be taxed by the court
the it hand
[SEAL]
[SEAL]
�+ The fo regoing/instrument was (acknowledged before me this ��_L— day of <�' � 1`%0 tO� •y���':
19/�, bya/l<.'i(th4�Le� Jf CG crc JJC Cl;v /CC '�1.� lc� ``� •� • !! 1 �'-
`— 4i
My eommiauion expirer /l Jam-- , 19 c"iJ. Witness my hand and off iciaLsell IH,G
/ i
e If by natural person or Persons hen insert name or names; if by persons acting In representative or official capacity or as attorney -in -
fact, then insert name of person as executor, attorney -in -fact or other capacity or dncription; if by officer of corporation, then insert name
of such officer or officers, as the president or other officers of such corporation, naming it. Statutory Acknowledrment, Sec. 118-a-1 Colorado
Revised Statutes 1958.
Recordedat................................o'clock............ M........ ..... ......... I...... I _.. _....... . __ . ........... .
ReceptionNo........................................._............................. ........... .... ........ .......Recorder.
KNOW ALL MEN �X THESE PRESENTS That Whereas, Edwar
I erring, David A. Baxtgr, Edward %4. Morse II
& Mountain States Communications, nc A Cofo.
of Aspen by their �eed of Trust
dated the 1st day of June , 19 76,
and duly recorded in the office of the County Clerk and Recorder
of the County of Pitkin in the
State of Colorado, on the 2nd day of June , 19 76 ,
in Book 312 at Page 6 3 7 oibWUM ,
reception No. 184253 )' conveyed to the Public Trustee
in said County, certain property in said
Deed of Trust described in trust to secure to the order of
First National Bankin Aspen
the payment of the indebtedness mentioned therein.
RECORDER'S STAMP
orp.
AND, WHEREAS, the purposes of said trust have
been partially satisfied
NOW, THEREFORE, at the request of the legal holder of the indebtedness secured by said Deed
of Trust, and in consideration of the premises, and in further consideration of the sum of Three
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
assigns of said owner or owners forever, all the right, title and interest which, I, as such
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 T10S R84W of the 6th P.M.
being described as follows:
Beginning at a point being S40°02'57"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 1120"16'E 224.60 ft.; thence N84°19'E 14.44 ft.;
thence N05°41'W 29.66 ft.; thence N20°16'E 15.79 ft.; thence S10°
32'30"E 40.45 ft.; thence S19°05'07"W 240.00 ft.; thence 14'66°48'31"W
25.70 ft. to the point of beginning, containing 5,693.95 sq. ft.,
more or less.
City of Aspen, Pitkin Count Colorado.
situate, lying and being in the City O Aspen County of Pitkin and
State of Colorado.
TO HAVE AND TO 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
Trust Deed is to be considered as fully and absolutely released, cancelled and forever discharged.
Witness my hand and seal this
..... .. ----...---
As the
STATE OF COLORADO,
ss.
County of
day of
------....-----..•--•..............................................
Puhlic Trustee in said County of
The foregoing instrument was acknowledged before me this
,19 ,by
as the Public Trustee in the said
County of , Colorado.
My commission expires
Witness my hand and Official seal.
,19
(SEAL)
day of
.............................................................................................. •--•--.........
Notary Public.
To the Public Trustee in said Countyof
Please execute this release. Ahik
First National Bank iii Aspen
BY:....... .......................................... its..........................................
The legal holder of the indebtedness secured by mid Deed of Trust.
*In counties where book and page numbers have been abolished.
No. 927. PARTIAL RRLEAse oP Dow OF TRUST BY Tun PUBLIC TRUSTER.
—Bradford Publishing Co.. 1824-46 Stout Street. Denver, Colorado—l-76
Recorded fit --- ........................o'clock-...._.. Al., .................
ReceptionNo ......................................... .......... ...................................
FEdward 11. Deming, David A. Baxter, Fdward W.
Morse, III, and Mountain States Communication
Inc., a. Colorado Corporation
whose address is
I County of Pitkin , and State 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,
i' a Municipal Corporation.
whose address is
I�
13ee�t wing therefrom, that certain easement for
/ use and benefit of Fdward W. Morse, III, as granted in deed
l recorded in Book 293 at page 873, Pitkin County Records.
.......................Recorder.
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 T10S R84W of the 6th P.M.
being described as follows:
Beginning at a point being S40°02157"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 N20116'i 224.60 ft.; thence N84°19'E 14.44 ft.
thence N05°41'W 29.66 ft.; thence r120°16'E 15'.79 ft.; thence S10°
32'30"E 40.45 ft.; thence S19°05'07"W 240.00 ft.; thence N66°48'
31"W 25.7.0 ft. to the point of beginning, containing 5,693.95 sq.
ft., more or less.
City of Aspen, Pitkin County, Colorado.
with all its appurtenances
Signed this
day of , 19
Edward I . Deming
............................... -......................... .....................................
David A. Baxter
1"dward" 1 ltlor... 1. ..1y..................... .
.............. ...
Mountain States Communications, Inc.
STATE OF COLORADO, By: !_
County of Pitkin 168. its
The foregoing instrument was acknowledged before me this
day of , 19 , by I'dwar-d H. Deminq, David A. Baxter,
Edward V.I. Morse, III, and Uilliam Dunaway as President of Mountain
States Communications, Inc. I'
My commission expires
Witness my hand and official seal
I
.................. ..
Notary Public.
No. 898. QUIT CLAIM DEED —short form--
--I'.rnd ford PuGliv.hing Co.. 1F: t-J6 S!nut Street, Denver, Colorado
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PRO POS E fa G AS 5-FA, " 0N)
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REGISTERED IN COLO., NEW MEXICO AND U-rAH
URVE Y ENGIINEEF29, INC.
'. '. 21 , 1970 682 BRENTWOOD DRIVE
PALISADE, COLORADO 81526
PHONE 303.464-7568
ELKS BUILDING
Reply to -------"-- P.O. BOX2506
ASPEN, COLORADO 81611
PHONE 303-925-3816
rmim%.irFaLJ.
GERARD H. PESMAN, P.E., L.S.
MAX E. MORRIS
RICHARD F. BARTON, L.S.
The following, are the now descriptions for that p�ircel of land.situated
in Nec . r Of IAle 6t:i
Purcei ,L be deeded to (;i of aspen)
,L tract of land _•� tuu.ted in Sec. 7 ` 10S R84 J of the 6th P.M. being
deUcri bed _ :s fol.lwur ; :
Beginning at a point being; S40002'57"L 1,451.00 ft. from the 1'J4
corner sec . `% 'I'l(X, R84V; of the 6t1i P.M. (a 1954 unapproved Br. ass Gap
in pl-_.ce ) ;
thence HL,001_6' E 22L}.60 ft . ;
thence 1%84 -L9'i 11.E-44 ft. ;
thence NOU 0111V/ ;'',.CMG f1:. ;
thence N2001611;" 15.79 ft. ;
thence :37-002130"L 40.45 ft.;
thence S19005'07"77 21+0.00 ft.;
thence id6604813111W 25.70 ft. tothe point of beginning, containing
5,693.9j z;q. ft.
LEGAL DESCRIPTION OF PARCEL
(Outlined in Red)
A tract of .].and situated in t11e Northwest one --quarter of the
Southwest one -quarter of Seci.io_z 7, To-::nship 10 South, Range E4
West of the 6th P. M. , dcz;cribed as follo:•rs:
BEGI:;NING at a point from �:-hence the t,lest, one -quarter corner
Of _raid Sect -ion 7, bears Nort:i 391 58' 22" [pest 1124.96 feet,
said Point being t`,e South,-:osterly corner of tract of land
described in Sook 177 at Page 618;
thence on a curve to the left ,ith a radius of 668.00 feet a
distance of 222.1 feet the cL_.-_rd of c:hidn bears South 250 40' 02"
East 221.1 feet, along the Pdortheas t`rly line of . a tract of land
described in Boor 276 at Page 060 4 ;
thence South 660 48' 31" East 151 feet along the Northeasterly line
Of said tract of land described in Book 276 at Page 604 to a Doi rt
on the Nor th,.,esterly line of tract of land .de. scribed in Booms 180
at Page 345;
thence North 190 05' 07" East 240.00 feet along said Northwesteriy
line to the Most Northerly corner of said tract of land described -
in Book 180 at Pare 345 ;
thence North 100 32' 30" East 63.00 feet to the Southeasterly
corner of said tract of land described in Book 177 at Page 618;
thence South 84' 19' �,dest 5.00 feet along the Southerly line of
said tract of land described in Book 177 at Page 618;
thence South 05' 41' East 66.33 feet along the Easterly lire of a
tract of land described in Book 293 at Page 873;
thence South 84' 19' West 95.00 feet along the Southerly line of
said tract of land describer? in Book 293 at Page 873;
thence North 05° 41' S•;est 66.33 feet along the Westerly lire 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 Boot 117 at
Page 618;
thence South 84° 19' 1 est 203.00 feet along said Southerly line
to The Place of Beginning.
Pitkin County, Colorado.
Area: 52,302.9 Square Feet.
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P. O. BOX V a ASPEN, COL❑RAD❑ 81611
DATE,
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BY SIGNED
Form N-R73S The Drawing Boortl, Inc.. Box 505, Dallas, Texas
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INSTRUCTIONS TO SENDER: INSTRUCTIONS TO RECEIVCR:
1. KEEP YELLOW COPY. 2. SEND WHITE ANO PINK COPIES WITH INTACT. W.- D-CH STUB, KEEP PINK COPY, RETURN WHITE COPY TO SENDER.
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 r ortheast 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.
Ce �cl l ? //1-0V e /l/L Z/_44
6
PETER VAN DOMELEN
ATTORNEY AT LAW
SUITE 202 MILL & MAIN BUILDING
400 E. MAIN STREET
ASPEN, COLORADO 61611
4303) 925.6415
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 Errs :,eers Office,
has formulated plans for the realignment of Nk.,_ Lh 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.
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,
Peter Van Domelen
Attorney for Property Owners
PVD/pp
encl.
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
propert that can be used for access to
this level.
I N C O R P O R A T E D
YBIn OFFice:
POST OFFICE BOX 0
ASPEN, COLORADO 81611
PHONE: 303 925-7000
Mr. Dave Ellis
Page Two
August 3, 197E
4. An easement for access and ingress for the
benefit of the Aspen Metropolitan Sewer /'rl
District over and across that road used
for access to the lower floor of the subject
building.
5. 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 "Vilcor Building".
L/
6. 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
immediate area thereto, that it will border subject-'
property so that access can be had to and from it.
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
David A. Baxt`r
DAB/jlc
INCORPORATED
Mem office:
POST OFFICE BOX O
ASPEN. COLORADO 81611
PHONE: 303 925-7000
Upry(GUAMi�iilul
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.
t
•
PETER VAN DOMELEN
ATTORNEY AT LAW
SUITE 202 MILL & MAIN BUILDING
400 E. MAIN STREET
ASPEN, COLORADO B1611
(303) 925.6415
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.
0
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,
Peter Van Domelen
Attorney for Property Owners
PVD/pp
encl.
•
CITI
130 so
aspen,
MEMORANDUM
DATE: October 9, 1975
TO: Members of City Council
FROM///Sandra M. Stuller
•
')PEN
street
81611
RE: Rezoning of S/C/I - CPA 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 S/C/I. This parcel is under ownership different from
the Schottland/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 PROCEEDINGS 100 Leaves
O. B. 9 C. CO.
ORDINANCE NO. 1.5-
(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 IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Cc. r,+-; r-," I
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 NWSW4 in
Sec. 7, T10S, 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-:1uarter
corner of Sec. 7, T10S, 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
F►ECO€3D OF € ROCEEDINGS 100 Leaves
FI MM •n C. I. NOI.CKFI O. B. O L. CO.
Section 2
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
25°40'02" East 221.1 feet); and
South 66048131" East on a line with monument
"0-3A" 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" lest 63.00 feet; and
South 84119' West 303.00 feet along a fence
lino 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.
If any provision of this ordinance or the application
thereof to any per:-)n or circumstance is held invalid, such in-
validity shall riot affect other pr_ovi�-,ions 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.
gter+;,,,, q
That a public hearing be held on this ordinance on
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 ORDI,REP published as provided by
law by the City Council of the City of Aspen, at its regular
meeting held
ATTEST:
KATHRYN S. HAUTER, CITY CLERK
1975.
STACY STANDLEY III, MAYOR
0
REQUEST FOR VARIANCE
A variance is requested with respect to the "open space"
requirements of 524-3.4 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/Industrial 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.
r
0
•
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.
l
5. Following such submission, the property owners were
advised by the City Engineer's office that future plans
of --the 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
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
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 §24-3.4 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.
•
L_A
This variance is requested upon those grounds enumerated in
§2-22(d) of the Aspen Code of Ordinances; to wit:
1. 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.
•
The favorable consideration of the Board of Adjustment will
be appreciated.
Respectfully submitted,
Peter Van Domelen
Attorney for the Owners
P.O. Box 8009
Aspen, Colorado
925-6415
•
0
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 su`ject 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
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
1,000
square
feet
3,568
square
feet
12,140
square
feet
3,568
square
feet
8,572
square
feet
10,997 square feet
"Open space" deficiency 2,425 square feet