HomeMy WebLinkAboutcoa.lu.ex.1020 E Hopkins Ave Riverview Asso.1973�q�3 EX- oa
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DATUM PLAN
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ELEVATION �1CXv.�
TR I - CO Management, Inc.
Box 1730
Aspen, Colorado 81611
303-925-2688
SuKVtYtU aate: N v.. tom, n 14
DRAFTED date: NOY Q I'--174 T5.
REVISIONS
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LCT-D K,L,M,N,0, P, 0,K,5
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CLIENT- VIP-EKL.
SHEET "NO.: 101= I
WILLIAM E.CLARK
LEONARD M. OATES
RONALD D. AUSTIN
J. NICHOLAS McGRATH,JR.
WILLIAM R.JORDAN M
LAW OFFICES
CLARK, OATES, AUSTIN $ MCGRATH
600 EAST HOPKINS STREET
BOX 3707
ASPEN, COLORADO 81611
November 28, 1973
Mr. Jim Adams, Chairman
City of Aspen Planning and Zoning Commission
Aspen, Colorado 81611
AREA CODE 303
TELEPHONE 925-2600
RE: Riverview Condominiums - Subdivision Exemption
Dear Mr. Adams:
This letter is submitted to you as Chairman of the
City of Aspen Planning and Zoning Commission for the purpose of
constituting a formal application by Riverview Associates, a
general partnership, for an exemption from the Subdivision
Regulations of the Aspen Municipal Code as provided for in
Section 20-10 (c), Exceptions and Exemptions.
The specific ground for granting this exemption is
the consideration that the land upon which the Riverview Con-
dominiums is constructed was platted into lots and blocks known
as Lots 15 to 19, Block 1, RIVERSIDE ADDITION, prior to the effec-
tive date of Section 20, Subdivisions of the Aspen City Code.
The land has consistently been conveyed as lots and blocks, has
been insured as such and therefore falls within the purview of
Section 20-10 (c).
The applicant agrees to comply with all design require-
ments of Section 20-7 and will enter into a formal agreement
with this commission to perform all requirements of that provision.
Thank you for your consideration of this application.
Sincerely,
RONALD D. AUSTIN
�a �• ag4'
Attorney for Applicant
Riverview Associates, a
general partnership
RDA:eml
GRANT OF TRAIL EASEMENT
TIIYl', I{()Itin
(t t! t i,: t :► in ,:t: i:it•;:!.iott 01' altlu•ova.l by Lhc• City of
Ao-;!.• :t 111;jnnh.,C and %on;n!t ttncli:r Ordinance 19, Seri.c-s
of 197:1., doo:-; hr.rt•Ity' grant, deutisc and convey to the City of
Aspen, Colorado, a Municipal Corporation, its successors and
assigns forever, a perpetual easement over, across and through
the following described real estate for the use and purpose of
a trail easement (motorized vehicles excepted) for the benefit
of the public, said easement being ten (10) feet in width from
the n;aural waLerl ine of the %,resterly bank of the Roaring Fork
River situate within th.: ho.rein described real property:
A parcel of land being part of Lots R and S, Block 33,
East. Aspen Addition and part of Lots 6 and 7, Block 5,
Riverside Addition. Said parcel is more fully described
as follows: Beginning at a point (being the Southwest
cornt•r of said Lot R); thence North 140 50' 49" Past
49.50 feSt along the Westerly line of said Lot R; thence
South 75 09' 11" East 60.00 feet; thence South 630 49' 08"
East 73.11 feet to the center line of the Roaring Fork
River; thence South 80 15' 57" East 38.20 feet along the
center line of the Roaring Fork River; thence North 75 09,
11" West 146.68 feet along the southerly lice of said Lots
7, 6, S and R to the point of beginning. Said parcel
contains 6267 square feet more or less.
PROVIDED, HOWEVER, that in the event the City shall
establish a trail system of which the above easement shall
constitute a part., the grantor agrees to provide, as a sub-
stitute for this instrument and at the City's election, a trail
easement with boundaries defined with particularity equal to that
of the adjoining landowners. It is the intention of this
provision to guaranty the continuity of an implemented trail
s}Stc•nt, and to this end this paragraph shall be construed.
IN WITNESS WH:REOF, the Grantor herein has hereunto set.
him I1;1nd this 16th clay of
V\� ' yi?,�,
:lt,.ri l _ 1974.
i:n! i i It 1!� � I I►y
S'PY"i•: of COL ORAt)0
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The 1'orc ,inR instri.n���.nt was acknowledged before me this
i
day of ( -
- 1971 , by DALE EUBANK.
My commission expires: /
Witness my hand and official seal.
Notary Public
i
GRANT OF TRATI, EASr•MPNT
KNOW AM, 1f1•:N' •I;Y THESE, PRESENTS THAT, Dal(s Etch utk. 1.11v
Grautur horeiu, in cour:i(loration bl al,l,r•oval by the City ol-
Aspen Planning and Zoning Commission undor Ordinance 19, Sorivs
of- 1973, door ijorchy grant, domisc and convey to the City of
Aspen, Colorado, a Municipal Corporation, its successors and
assigns forever, a perpetual easement over, across and through
the following described real estate for the use and purpose of
a trail easement (motorized vehicles excepted) for the benefit
of the public, said easement being ten (10) feet in width from
the natural waterline of the westerly bank of the Roaring Fork
River situate within the herein described real property:
A parcel of land being; part of Lots it and S, Block 33,
East A:;pen Addition and part of Letts 6 and 7, Block 5,
Riverside Addition. Said parcel is more fully described
as follows: Beginning at a point (being the Northwest
corner of said Lot R); thence South 75009' 11" East
104.00 feet along the Northerly line of said Lots R, S,
6 and 7 to the center line of the Roaring Fork I;iver; thence
South 80 15' 57" East 70.53 feet along the center line
of the Roaring Fork River; thence North 63° 49' 08" West
73.11 feet; thence North 750 09.' 11" west 60.00 feet to
the Westerly line of said Lot R; thence North 140 50' j
49" East 50.50 feet along the Westerly line of said Lot t
R to the point of beginning. Said parcel contains 6267
square feet more or .less. 1
i
PROVIDED HOWEVER, that in the event the City shall establish
a trail system of which the above easement shall constitute a
part, the grantor agrees to provide, as a substitute for this
instrument and at the City's election, a trail easement with
boundaries defined with particularity equal to that of the adjoining;
landowners. It is the intention of this provision to guaranty
i,
the continuity of an implemented trail. system, and to this end `
R:
1
this paragraph shall be construed.
IN WITNESS WIIEREOF, the Grantor herein has hereunto set
�
halr 1;ttl,anl: �/��4��
Uf (�- M.."RAI)o )
before m, thi.,
day
1971 by DALE rUBANK.
Ily commission expires:
Witness MY hand and official S . cal.
Notary Mic
.1
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LAW OF FIG ES
46
CLARK, OATES, AUSTIN S, MCGRATH
500 EAST HOPKINS STREET
BOX 3707
WILLIAM E.CLARK ASPEN,COLORADO 81611
LEONARD M. OATES
RONALD D. AUSTIN J. NICHOLAS MGGRATH,JR. November 28, 1973
WILLIAM R.JORDAN III
Mr. Jim Adams, Chairman
City of Aspen Planning and Zoning Commission
Aspen, Colorado 81611
AREA CODE 303
TELEPHONE 925-2600
RE: Riverview Condominiums - Subdivision Exemption
Dear Mr. Adams:
This letter is submitted to you as Chairman of the
City of Aspen Planning and Zoning Commission for the purpose of
constituting a formal application by Riverview Associates, a
general partnership, for an exemption from the Subdivision
Regulations of the Aspen Municipal Code as provided for in
Section 20-10 (c), Exceptions and Exemptions.
The specific ground for granting this exemption is
the consideration that the land upon which the Riverview Con-
dominiums is constructed was platted into lots and blocks known
as Lots 15 to 19, Block 1, RIVERSIDE ADDITION, prior to the effec-
tive date of Section 20, Subdivisions of the Aspen City Code.
The land has consistently been conveyed as lots and blocks, has
been insured as such and therefore falls within the purview of
Section 20-10 (c).
The applicant agrees to comply with all design require-
ments of Section 20-7 and will enter into a formal agreement
with this commission to perform all requirements of that provision.
Thank you for your consideration of this application.
Sincerely,
RONALD D. AUSTIN
ORIGINAL S, .
RONAI n n
Attorney for -Applicant
Riverview Associates, a
general partnership
RDA:eml
CITY ASPEN
aspen ,coA P a Ito, 81611 box V
MEMORANDUM
DATE: February 5, 1975
TO: Members of the City Council
FRONJ�ndra M. 17tuller
RE: Comments and Questions Arising
From January 27th Meeting
It appears, from the newspaper description of the
meeting and comments made at the subsequent staff meeting,
that a variety of questions arose needing my response. I
have not yet seen minutes from the meeting so I may be mis-
informed as to the precise issue. Bear with me_
von Gaevernitz Property - Riverview Exemption
Let me note initially my concern over a misconception
that seems evident in the discussion the Council entered in-
to regarding possible acquisition of the von Gaevernitz
property with the Rio Grande Property sale proceeds. We must,
in any such arrangement, satisfy the requirements of (1)
Ordinance 15-A, Series of 1972 (Seventh Penny Ordinance), (2)
Ordinance 21, Series of 1973 (Bond Ordinance), and (3) the
internal revenue requirements for municipal bonding.
Ordinance 15-A limits the use of seventh penny proceeds
to "payment of food tax refunds, capital improvements and
capital expenditures, acquisition of land, payment of indebted-
ness incurred for such capital improvements, capital expenditures
or land acquisition." ^hese limitations are further refined by
the provisions of your Resolution 19, Series of 1972, ;pledging
the seventh penny to fund only the Transportation Plan, "Includ-
ing system, nor.
ing the construction of :^alls�h
required parking, and the acquisition of land therefore."
Ordinance 21 requires that in the event of resale of
the Ri^ Grande PrcDerty $200,000.00 of the proceeds must be put
in t1ne bond reserve is _!eased _ t :rs de_ osit �s
the S O, ^00. -)0 a -Aar that would cti erwise have to be places:
into the reserve =a&d.
I•;embers of City Council -2- February 5, 1975
The Internal Revenue Service requirements for municipal
bonding are such that (1) only a minor portion of bond pro-
ceeds may be reinvested (that amount is 15%, or in our case
$262,500.00), and (2) no reinvestment can be made that would
produce a yield greater than 5.98% per annum.
Finally, none of the proceeds can be used for general
operating funds inasmuch as they are not revenues but bond
proceeds.
The purpose of the above is to make clear early that
any "profit" received from the proposed sale is not "free
money", Out must be used in strict conformance to existing
local and federal limitations.
The immediate question before the City Council on
Monday was that of the subdivision exemption. it appears that
Council was concerned about the need to grant the same inasmuch
as the lots to be conveyed were already "platted." This is not
clearly the law and Dick Meeker applied for the exemption at my
request to avoid legal questions in the future.
The precise issue is not resolved in Colorado. As you
are aware, 'iistorically, the platting into lots and blocks was
required by Townsite Acts or old Map Acts, both of which had
as their sole objective the recordation of accurate surveys
of developable areas. Subdivision regulations are a relatively
new type of legislation, only collaterally concerned with survey
accuracy, and more directly concerned with (1) provisions of
utilities and access, (2) dedications to compensate for demands
made on existing facilities, and (3) review of the suitability
of land for residential development. The objectives of each
type of legislation being different, some states have required
compliance with subdivision regulations when an owner of several
platted lots parcels them out for the purposes of development.
The County regulations and our proposed new subdivision would in-
clude such a division of property within the definition of sub-
division and require compliance with Chapter 20.
In the case of the Meeker request, 1 could not in good
faith, given the state of the law and our proposed changes,
advise Dick that an exemption was unnecessary. Inasmuch as
condominiumization is proposed for the entire tract, he will
a- the time of permit applications, have to comply with
Chapter 20, and at that time make dedications and satisfy your
concerns about Lase, access, et cetera. However, at this point
we have no development proposal to look at in terms of Chapter
�0 consideratic tote also, at the time of permit submission
we should have a�Dp4ed the new subdivision regulations elimin-
^n fcr condom-�' �aL ion of previeu�-1- platted
atinc r:_._.-. ___ - -
Members of the City Council -3- February 5, 1975
lots and blocks.
Consequently, the exemption requested Monday was advised
(1) to eliminate questions in the future as to the legality
of the sale of the three lots, (2) to reinforce and maintain
our previous position that parceling out of lots under one owner-
ship may be a subdivision within the intents and purposes of
Chapter 20, and (3) to prevent an avoidance of a proposed and
pending change in our subdivision regulation.
Minimum Wage Law
Apparently a member of City Council was interested in
imposing a minimum wage law distinct from federal and
state requirements, and imposed only within the City limits.
My first reaction to this request was that this is a matter
of federal and statewide concern and these governments have
pre-empted this area of legislation. This opinion has been
reinforced by the Department of Labor. Consequently, c-;e
cannot legislate on this matter as the City of Aspen.
As you know, the state imposes two different minimum
rates, i.e., $1.10 in the cities of Denver, Colorado Springs
and Pueblo, and $.90 in the balance of the state. (The
federal regulation requiring a $2.10 minimum wage applies
only to thoses businesses grossing $200,000.30 per year.) We
may petition the state to recategorize Aspen with Denver, et
cetera, but the maximum minimum wage requirement would still
be only $1.10.
I am advised that the new Director of the -Department
of Labor intends, immediately after his appointment, to
recommend to the State Assembly a statewide minimum wage of
$2.10. The Department would appreciate any help we can give
them to substantiate this request.
Apparently, 'Chen, our alternatives at this time are
to (1) petition for recategorization, or (2) wait for state -
legislation reflecting the new Director's proposal.
-hances to the Criminal Code - ordinance 5
has been re-Deated to me a Council comment auestion-
ing the Drcariety of -_ _na c ildren $300.00 for thrc-..:_
:.zii--z . Lct me now i-:i - 1 i l;• that our court has no jury _..sict ! :1
over juveniles and we never cite them for violations of our
municipal ordinances. But more importantly, the prohibition
against throwing sno:;balls is already in the code &!d t'•:e
proposed chance is the addition or the folio%-ing: `cr discharge
env bow, blowgun, siirgs::e-, gun, catapult or othe- device."
0
r
Members of the City Council
-4- February 5, 1975
The $300.00 fine is the maximum fine our court can impose
and the amount actually fine is within the discretion of
the Municipal Judge.
SS/pk
cc: Mick Mahoney
'ov
STATEMI'N'r Ut' rxj",mPT_iON FROM SUBDIVISION RE.GULATTON
.11EREAS, Section 20-10 (b) oE' the Aspen Municipal Code
provides that on receipt of a recommendation from the Planning
Commission, the Aspen City Council may exempt a particular div-
ision of land from the definition of a subdivision set forth in
Section 20-2(a), t•rhen, in the judgment of the City Council, such
division of land is not within the intent and purpose of said
Chapter 20, and
WHEREAS, Section 20-10 further provides that no exemption
shall be granted unless a written application therefore has bean
submitted to and considered by the Planning Commission, and the
grounds for granting such exemption have been entered in the minutes
of the granting body by motion or resolution duly adopted, and
WHEREAS, itIVERVIEW ASSOCIATES has made written applic-
ation for an exemption under said parceling to permit the con-
veyance b_y the ESTATE OF GERO S. ✓ON GAEVERNITZ to.RIVERSIDE
ASSOCIATES of the following described parcel, namely:
Lots K, L and M of Block 75, Ci,ty and Townsite
of Aspen, Pitkin County, Colorado, and
WHEREAS, after review, the Aspen Planning Commission
did, '•.)y motion, ruc-ommerid the exemption of the above described
division of the hind from the d.ofin.iti.on of subdivision as not
within t-t-tc, intents and purposes oE.Chahter 20, Ond
WHEREAS, the Aspen City Council did at its reclular meot-
in:j�; _ 7, 10, 1975, considor this
rer_c;r.T, ndat ioi; +�.i cic t. rriinc; t'.iat (a1' th(r contemplated p.ircel.iny
of r.hr .. ,t: t} r,,, (' i :�•.��_ L�. ,, ,.i logs; unucr : in,j b cn;:i, r:;! I.
F,�. c ;c. ;i i. �:�;
�71
•
does not, at this time, require the utility, access, suitability
review corlLemE)L,,,t_ed by Chapter 20, and (b) the future condomi.nzum-
ization of a proposed development on the site.will give the City
Council adequate review of the suitability and impact of the
devoloprrucitt of the tract, and
WHEREAS, by motion duly made, seconded and approved, the,
exemption was granted by the City Council as requested,
THEREFORE, PUBLIC NOTICE IS HEREBY GIVEN, that the
division and sale of Lots K, L and M of Block 75, City and
Townsite of Aspen by the Gero S. von Gaevernitz Estate to River-
view Associated is hereby declared to be exempt from the definition
of subdivision described in Section 20-2(a) of the Plf-pen Municipal
Code and all procedural and dedication requirements of said
Chapter 20 are. hereby waived with respect thereto.
—J - "Stacy Star)dley -III, Mayor ;
I, Kathryn Iiauter, duly appointed and acting City Clerk,
do herk•by certify that the Aspen City Council did, at its regular
meeting held February 10, 1975, by motion duly made, seconded and
adopt_cd, exempt the above -described division of land from the
definition of subdivision pursuant to the provisions of
Sect'iun 20-1U(b) of the Aspen Municipal Code.
Kathryn muter
City Clark
-2-
Regular Meeting Aspen City Council January 27, 1975
(I RIVERVIEW SUBDIVISION EXEMPTION M
Yank Mojo of the Planning Office told Council Riverview Associates was requesting a
subdivision exemption. This deals with nine vacant lots of the property of the von
Gavernitz Estate. They were requesting to come under 20-10(b) of the Municipal Code.
Mojo further pointed out to Council that this was for legal purposes to separate the
three lots so that they can encumber these three lots. There are adequate streets as
this property is bounded by them. There are no improvements on these lots. The zoning
is Office and allows multi -family. In order to condominimize that particular project,
they will also have to come before the Council. Richard Meeker told Council this
�i would give them the flexibility for re -sale of the parcels and indications from the
Planning Office were that fragmented development is the best way to go on this piece �1
i of property. Because of the peculiarity of the Estate not willing enter into sub-
division agreement, master plan, or PUD, they have to subdivide the land out.
Councilman Breasted questioned that the land was already subdivied by. lots. Yank
Mojo answered that Riverview Associates was making a very clean record of the transaction:
Councilman Behrendt moved to grant the exemption from the subdivision regulations to I
Riverview Associates; seconded by Councilwoman Markalunas.
I
Councilman Behrendt pointed out to Council that this was possibly the last chance for
i
the City to purchase this piece of property. Councilman Breasted indicated that he
felt things had changed since the last discussion of this particular piece of property
since the City may be selling another piece of property and get enough money to be
able to buy this half block.
Councilwoman Pedersen asked why they needed an exemption to enter into a PUD. Councilman;)
Breasted indicated he was biased after the last exemption the Council granted, which
turned out to be horrible. Councilman Breasted moved to table this item until after
the return of the City Attorney as he would like to have a briefing from the City
Attorney. Seconded by Councilman Behrendt.
Councilman Walls told Council he thought any money from the sale of the land to the post
office was committed to the development of roads and the purchase of the land on the
i other side once the title was clear. Mayor Standley said perhaps the Council would
just like to keep the options open. Councilman Breasted agreed with this position.
Councilwoman Pedersen stated she was not for nor against the subdivision but wished the II
opportunity to talk with the City Attorney.
Councilmembers Markalunas and Walls opposed; Councilmembers Behrendt, Breasted, Pedersen
i and Mayor Standley in favor, motion carried.
u
N RAMEL'S%FREDDIES BEER AND WINE LIQUOR APPLICATION
I
�I Bob Greeter, representing Ramel's, explained to Council that this was the same corporation
�I as in 1974; that Ramel had failed to file for a renewal, and there had been a transfer
of corporate stock and the Ramel's Corporation was filing a new beer license application
with the Council. I
i
what recourse did persons holding
{; Mayor Standley asked Grueter if the transfer occurs,
�i bills from the previous corporation have. Grueter replied that all bills were being
taken care of, the new Corporation had gone over the list of creditors and were
attempting to settle all accounts.
Councilman Walls pointed out that this was the second time this had happened with the
same liquor applicant. Mayor Standley said he would like to see a schedule of all
outstanding debts and agreements signed that they were being satisfied. Until the
Council has that, he didn't think the Council should approve the transfer.
Mayor Standley suggested continuing approval until the next Council meeting giving
creditors 90 days so that people in the woodwork that the Council doesn't know about
will have a chance for payment. Grueter asked if the Council meant to hold the
license up 90 days. Mayor Standley answered that this was -just to give them a chance
at recourse. Tom Turner, the owner, mentioned that there was no corporate change,
they were just picking up one stockholder. Grueter asked for conditional approval at
this time. The Council asked Ramel's to come back to the next regular meeting with a
list of creditor they have that have either been satisfied or that arrangements have
been made to satisfy them. t
Councilwoman Pedersen moved to continue the liquor license issue until the next meeting 1
pending the list of creditors and their agreements.on payment; seconded by Councilman
Breasted; all in favor, motion carried.
SOLID WASTE CENTER AGREEMENT
City Manager Mahoney told Council the City had met with the County three times on this
agreement and believed that this is the best that can be done. Based on that, he asked
for Council's approval to enter into this agreement with the County.
Councilman Walls objected to the site being known as the "Pitkin County Solid Waste
Center" and asked that the City of Aspen be included in the title. Councilwoman
Markalunas asked if the agrccmcnt were to be renewed annually. Mayor Standley said it
was only effective until December 31, 1975.
CIT
aspen,
January 22
MEMO: To Yank Mojo
SPEN
Ott box v
Re: Riverview Associates Request for Exemption
Yank
I discussed this matter with Spencer this morning and we agreed that the
correct approach is as follows:
1. The request for exemption should be under subsection (b) inasmuch
as this issue is the parceling of already platted lots under the old Map
Act, i.e., the parceling occurred under an act not designed to deal with
impact questions, but directed to making correct surveys of record. There
is as of yet no condomunium project proposed to that the exemption under
(c) is not appropriate.
2. The only question of interest is the impact of the developement
proposed and inasmuch as this will constitute a condominium, we will re-
view impact at the time of this subdivision proposal.
3. At the council meetin Monday, please explain that we will address
developement impact at the time of concominium review, and that this initial
exemption will not foreclose future council consideration.
Sandy
P & z 1/20/75�
)r. Oden, cont'd Schiffer said that the only thing that they can do is make
a recommendation to Council but that he was not willing to
make a recommendation inconsistent with the original code
submitted to Council.
Motion Johnson moved to recommend to Council that a recreation
club be included in O - Office as a conditional use.
Jenkins seconded. All in favor, :notion carried.
3UBDIVISION -Exemption_ Richard Meeker came before the Commission to ask for a
Riverview Associates exemption for the Von Gavernitz property under 20-10 C of
the code. The land in question is the vacant lots across
from the Crystal Palace and Meeker explained that the land
was covered under the lots and blocks provision in 20-10 C.
Mojo said that .the Planning Office recommended the exemption
and that all design requirements had been met by the streets.
Schiffer questioned the wording in 20-10 C and especially
the word "condominimize" and said he had to go according to
what the code said.
Jenkins questioned why this had to be done since no plans
were set down yet and Meeker explained that the property
was under a trustee for a minor and the trustee did not want
any encumbrances placed upon the property.
Schiffer said that he was willing to go along with 20-10 B,
that it was not within the intents and purposes of Sec. 20,
or table it until the City Attorney could give her opinion.
Motion Johnson moved to recommend to Council to approve the exemp-
tion under Sec. 20-10 B. Jenkins seconded. All in favor,
motion carried..
Johnson moved to adjourn and Jenkins seconded. All in favor,
meeting adjourned at 7:20 p.m.
Susan B. Smith, Deputy City Clerk
-6-
•
H* CARRIED
9,1 eWleNNCassociates
Richard Meeker
First National Bank Building • Box 8769 • Aspen, Colo. 81611 • 303/925-4493 or 303/925-2331 A C Nicholson
January 22, 1975
Aspen City Council
City of Aspen
Box V
Aspen, Colorado 81611
RE: Subdivision Exemption
Lots K, L, & M, Block 75
Gentlemen:
On Tuesday, January 21, 1975, at a duly held meeting of the Aspen Planning
and Zoning Commission, a motion was made, seconded, and unanimously
carried granting an exemption from subdivision on Lots K, L, and M, Block
75 to the applicant, Riverview Associates, under Section 20-10, Paragraph B,
which reads as follows:
"Following receipt of a recommendation from the Planning
Commission, City Council may exempt a particular division
of land from the definition of a subdivision set forth in
Section 20-2(a) when, in the judgment of the City Council,
such division of land is not within the intent and purpose
of this Chapter 20. "
It is the reouest of Riverview Associates to be placed on the agenda of the
City Council as soon as possible and for the Council to accept the recommendations
of the Planning and Zoning Commission in granting a subdivision exemption
to the subject property.
Please do not hesitate to contact us with any questions or comments.
Yours very truly,
RIVERVIEW ASSOCIATES
Richar J. Meeker
RJMMcm
cc: Yank Mojo, Planning Office
I I� associates
Richard Meeker
First National Bank Building • Box 8769 • Aspen, Colo. 81611 • 303/925-4493 or 303/925-2331 A C Nicholson
December 30, 1974
Mr. Spencer Schiffer, Chairman
Aspen Planning and Zoning Commission
City of Aspen
Box V
Aspen, Colorado 81611
IN RE: Subdivision Exemption
Lots K, L, M. Block 75
Dear Mr. Schiffer:
Per Section 20-10 (c) of the Municipal Code of the City of Aspen,
Riverview Associates hereby requests an exemption from Subdivision
on Lots K, L, M, Block 75, City of Aspen, per the attached survey.
Prior to the effective date of Section 20-10, the subject property had
been platted into Lots and Blocks by Plat recorded in the Office of the
Pitkin County Clerk and Recorder. The platted land fulfills all pertinent
design requirements contained in Section 20-7. The applicant will comply
with all relevant ordinances and building codes when a structure is erected
on the subject property.
If possible, we ask your disposition of this matter at your next regularly
scheduled meeting. Please contact us with any comments or questions.
Very truly yours,
ichard e ker
IVERVIEW ASSOCIATES
RJMcm
encl:
AGiR,E!7,'v1JT
This agreement entered irto this j�;'�i c+ay of �:�2���'�./ 1973," between
WILLIAM WHITE, part, of the first part and ALFRE D C. NICHCL..:SCN,
IRVING K. WEBER and RICHARD J . MEE KER (to be known as F:iverview
Davelopment Company), parties of the second part is ror the ex; re.s5 purpose
of agreeing to straigten a property, line that is a common boundary�to one
parcel of property owned by the party of the first park: and a r.oti,er"parcel
of land under a receipt and option purchase contract to parties o`"tha second
pare. This correction will involve an exchange of property betwe4�!n the two
parties in which neither party will surrender and deed more land bias he
receives. This exchange will be consumated at such tima as the parties of
the second part own their land in fee and would be accomplished by the grant-
ing of a general warranty deed by each party to the other party. The exchange
shall be made no later than August 1, 1973. .'
The cost of accomplishing the exchange shall be shared equally between the
first and second party,
The legal description of the two parcels to be exchanged is as follows:
PARCEL "All
A tract of land situated in Tracts I and H as shown on a prat filed,
as document Number 112535 Pitktn County Records, being. part of
the Jennie V. Lode, USMS Number 5310 described as follows:
Beginning at Corner No. 3 R&verside Placer USMS No.
3905 AM (1954 Brass Cap in place,
thence S89 degrees 46' E 25.60 ft. ,
thence N75 degrees 09' W 26.66 ft. ,
•. t
thence SGO degrees 141 W 6.73 to the point of b+aginhing,
containing 87 square feet more or less.
c� ^
9�-
Agreemont
Whit., --Riverview
PARCEL "B"
A tract of land situatc-J in Lct 14 Bleck 1, Riverside Addition,
being part of the Riverside Placer, 1.)SMS No. 3905 AM, de-
scribed as follows:
Beginning at a point being 25.20 ft. S89 deg^ees
from Corner No. 3 Riverside Placer, USMS No. 39G5
AM (1954 Brass Cap in place),
thence S89 degrees 46' E 26.75 ft.,
thence S14 degrees 54' W 6.75 ft.,
thence N75 degrees 09' W 25.88 ft. to the point of
beginning, containing 87 square 'eet more or less.
See map attached hereto and to become a part of said agreement. • .
The net effect of this agreement is the party of the first part shall grant
Parcel "B" to the party of the second part. The party of the second 'part
shall grant Parcel "A" to the party of the first part.
The undersigned hereby agree to the provisions of this agreement.
WI LLIAM WHITE
ALFRED C. NICHOLSON
IRRNG K. VYEBZR
KER
Council, 10/29/73, CoOinued
0
Mr. Ldams stated he was under the impressiibn that there would not be sub-
stantial shuttle operation going in town so it was necessary to plan for
the ski busesto enter the downtown area.
Councilwoman Markalunas moved to table this item until the City has a more
acceptable plan on circulation taking into consideration the City's shuttle
system. Seconded by Councilman DeGregorio. All in favor, motion carried.
Council committee on buses stated they would have the cost figures within
the week on insurance etc.
LIQUOR CONSIDERATIONS
Paragon Parlour, purchase and sale - Fie was submitted to Council. City
- Attorney Stuller stated the Form 18E as required for remodeling of the pre-
mises was submitted just prior to the meeting. Councilwoman Pedersen
questioned that when the premises change in dimension to any large degree,
would this constitute a new license? City ATtorney reported yes. Attorney
Gruetter representing the applicants, stated the address remains as it
was in the past and this is the determining factor. Mr. Gruetter stated they
will be adding 500 sq. ft. of more seating area, adding additional restrooms.
Councilman Behrendt pointed out the original license took in the entire area,
Mr. Frank Bering transferred only the bar area and a portion of the kitchen,
now the applicant is asking for the entire area again. Mr. Gruetter stated
there would not be two bars. Itwas pointed out the street address should be
423 East Hyman.
Councilman DeGregorio moved to approve the transfer of liquor_ license.
Seconded by Councilman Walls. All in favor with the exception of Council-
woman Pedersen who voted nay. Motion carried.
Pinocchio's, Stock Transfer - Applicant nct: present, tabled.
1/SUBDIVISION CONS JDERATIONS
Caribou Condominium- Subdivision plat and agreement were submitted. Assist-
ant planner Donna Baer pointed out the location of South Monark� subdivision
includes 6 units, 4 of which were complete prior to subdivision require-
ments applying to condominiums. This application has been reviewed under
Ordinance # 19 for units 5 and 6 and was approved. Condition has been imposed
of dedication of a trail easement which would compliment the one from
Mountain Queen.
Mayor Standley stated he was opposed based on the area and the lack of need
for high priced units ($130,000). Applicant Wendell stated he would be
willing to stipulate there would not be any further building beyond the
6 units.
Councilman Behrendt moved to approve the s bdivision agreement rand plat
with the stipulation that this cunstitutes full development of the pro-
perty and no additional units can be added Seconded by Councilman
Walls.
Ms. Baer pointed out the 4% dedication in ash amounts to $4600.
Roll call vote - Councilmembers Pedersen n y; Breasted aye; DeGregorio nay;
Mar_kalunas aye; Walls aye; Behrendt aye; Mayor Standley, nay. Motion
carried.
Riverview - White Exemption request - Attorney McGrath was present- and
stated the exemption is being requested. This involved can-e7.-change of
two Parcels of land to clear. up a property line discrepancy.
Councilman DeGregorio moved to approve the exemption. Seconded by
COLInc1.1mnn Behrendt. All in favor, motion carried.
-3-
tea/ -
DFNVER OFFICE:
1305 %VES-fFRN FEDERAL SAVINGS iULDING
718-17th STREFE
LAW (#-ES DENVER• CALORADO 80202 (303) 266-3373
DWIGHT K. SI ULMAN, JR.
AND ASSOCIATES
A PROFESSIONAL CORPORATION
THE WHEELER OPERA HOUSE, PO. BOX G-3
ASPEN, COLORADO 81611 (303) 925-2710
August 28, 1973
Sandra M. Stuller
City Attorney
City of Aspen
P. O. Box V
Aspen, Colorado 81611
Re: Wendell/Caribou Condominiums
Dear Sandy:
This is the matter I promised to correspond with you about
several weeks ago. I have reviewed the history of the matter
and "feel that it would be possible for Mr. Wendell to claim that
he has a vested right to condominiumize the above named develop-
ment without either approval by or contribution to the City.
The records indicate that on May 2 No. 72-11,
the Board of Adjustment zpproved a buildin permit:)for a "6 unit
multi -family dwelling", w° wou exceed the 28 foot height
limit by 5.8 feet. In connection with this application, Mr.
Varouj Z. Hairabedian achieved a density reduction from 8 units
to 6 units. After approval of the variance, Mr. Wendell applied
for a building permit for the first 4 units, which was issued
well prior to the adoption of Ordinance 19 or the application
Qi
of the subdivision regulations to condominiums. Similarly, he
applied for a building permit (No. 40-73) prior to the effective
date of either, which Permit bas not , yet been issued.
The first 4 units were completed and"were the subject of a
\ condominium declaration, which was executed after the subdivision
regulations became applicable to condominiums but before the
adoption of Ordinance 19.
Regardless of the foregoing, I have informed Mr. Wendell that the
'j City has an equally arguable position and that in the interest of
an expeditious disposition of this matter he should proceed as
`b follows:
1. Tender to the City a sum equal to 4% of the land value
respcting all 6 units. The land was the subject of a recent
purchase totalling $115,000. True copies of the Statements of
Settlement are enclosed.
Sandra M. Stuller
Page 2
August 28, 1973
2. Obtain final plat approval on the Condominium Map for the
4 constructed units. (The mylar with appropriate approval blocks
is transmitted herewith.)
3. Obtain preliminary plat approval of the 2 additional uncon-
structed units which are the subject of Permit No. 40-73, with the
understanding that final plat approval will be granted upon
presentation of a Condominium Map for said units, provided that
they are constructed in substantial conformity with the plans on
file with the Building Inspector's Office.
To accomplish the above, I have also enclosed herewith the
following:
1. Mr. Wendell's check in the amount of $4,600, representing
40 of the land value as aforesaid.
2. A Draft Resolution for consideration by the Planning and
Zoning Commission.
I have been somewhat delayed in assembling all of the various
materials. Mr. Wendell, prior to discovery of the above problem,
did enter into several contracts of sale, which he will be
required as a practical matter to complete. A substantial loan
transaction is also ready to close upon the constructed units.
Your assistance in expediting the foregoing approvals would be
greatly appreciated. If there are any questions, please contact
me.
Very truly yours,
Dwight K. Shellman, Jr. for
DWIGHT K. SHELLMAN, JR.
& ASSOCIATES, P.C.
DKS , Jr.. /cl
Encls.
,� �i�,� f �e� F � �� �c� �-'c � 6 �� ���� l/�^ /�-��� Z /���, a� -tom �`Jl1.C�G �•�
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RE: APPLICATION OF GAY WENDELL, THE OWNER OF CARIBOU CONDOMINIUMS,
LOTS 17, 18, 19 and 20, and part of Lot 16, Block 1, CONNOR'S
ADDITION.
WIIEREAS, Stephen Wendell, the husband of Gay Wendell, through
Varouj Z. Hairabedian A.I.A. Architect, did apply and obtain a
variance from the Board of Adjustment of the City of Aspen, in
Case No. 72-11, concerning a building permit to build a 6 unit
multi -family dwelling on the above property, which is known as
Caribou Condominiums; and
WHEREAS the project was not constructed to the 8 unit density
permitted by the then applicable zoning regulations, but
rather consists of 6 units; and
WHEREAS a building permit issued for the construction of the
first 4 of the 6 units; and
WHEREAS the owner has heretofore applied for a building permit to
complete the remaining 2 units; and
WHEREAS the owner., pursuant to her original program, has condo-
miniumized the first 4 units which were constructed, and desires
to complete the remaining 2 units and to condominiumize the same;
and
WHEREAS a dispute might exist between the parties as to whether the
owner has a right to complete the entire project without obli-
gation to obtain subdivision approval or to make certain required
contributions; but the owner has offered to obviate such dispute by
tendering the sum of $4,600.00, representing an amount
equal to 4% of the land value of the development, and to obtain
final plat approval for the 4 units constructed and preliminary
plat approval for the 2 units to be constructed, to be followed
by final plat approval of the latter if constructed in substantial
conformity with the plans, as modified by the Building Department,
submitted in connection with Permit No. 40-73; and
WHEREAS the project is entitled.to approval pursuant to the sub-
division regulations of the City of Aspen and is not disqualified
from such approval by reason of any of the criteria set out in
Senate Bill 35, 1972.
NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commis-
sion of the City of Aspen as follows:
1. That the $4,600.00 tender made by the owner should be
accepted as payment in lieu of public open space dedications
for the 6 unit project.
2. That the Condominium Map for units 1 through 4 inclusive,
Caribou Condominiums, should be and is hereby granted plat
approval by the Planning and Zoning Commission, and should be
granted final plat approval by the City Council of the City of
Aspen.
3. That preliminary plat approval should be and is hereby given
by the Planning and Zoning Commission to the plans on file for units
•
5 and 6 inclusive, Caribou Condominiums, and should be granted
by the City Council of the City of Aspen, and that final plat
approval should be granted for the amended Condominium Map to be
submitted in connection with units 5 and 6 when the same have been
constructed and surveyed in accordance with applicable condominium
law, provided that said condominium units as constructed are in
substantial conformity with the plans on file in the office of
the Building Inspector of the City of Aspen, as modified by said
Building Inspector.
Dated this day of August, 1973.
PLANNING & ZONING COMMISSION
By
Chairman
r
-2-
No. S$--GO-7-71 Statement of Settlement-Bradf�..ishing Co.. 1824.46 Stout Street, Denver. Colorado-*
The printed purtion of this form approved by the
Colorado Real 1.%tale Commission (SS-60-7.71)
STATEMENT OF SETMEMENT
SELLER'S ❑ PURCHASER'S (K]
PROPERTY ADDRESS South Monarch Street, Aspen, Colo
SELLER GEROLD C. DUNN, JR. PURCHASER GAY WENDELL _
SETTLE:VIENT DATE- �lu�! 1- ? 9 72 DATE OF PRORATION6pi-lid, 1972
LEGAL DESCRIPTION: THE SOUTH 20 FEET OF LOT 18 AND ALL OF LOTS 19 & 20, BLOCK 1 , CONNOR's
ADDITON, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO.
rl. Mf r..rarlit.
1. PURCHASE PRICE:
-73,-000
-00
2. Deposit, aid to D nn
p , p G e ro 1 d C Ju _.�t)�
3. Trust Deed, payable to PAUL & HANNA WI RTFJ, A_197.4Z
4. Trust Deed, payable to
5. Trust Deed, payoff to
6. Interest on Loan Assumed from Apri 1 15 to April 22 1972
58_,.80
275.00
7. Title Ins. Premium incl. Tax Pd. Certificate
8. Abstracting: Before Sale
9. After Sale
10. Title Exam. by
11. Recording: Warranty Deed + Quit Claim Deed 6.00
12. Trust Deed
-
13. Release
14. Other _
15. Documentary Fee $ 7.30
_
16. Certificate of Taxes Due incl. in item_# 7. above
17. Taxes for Preceding Year(s) , 1972
_
18. Taxes for Cur_ rent Year 3 Montsh & L2 Ys Of 500.E -
_
155.65
19. Tax Reserve
_
20. Special Taxes
21. Personal Property Taxes
22. Hazard Ins. Prem. Assumed=Policy No. Co.
$ Yr. Term Expires
Premium S Days Unused at ¢ per day
23. Premium for New Insurance
24. Hazard Ins. Reserve
25. FHA Mortgage Ins. Assumed
26. FHA Mortgage Ins. Reserve
27. Loan Service Fee (Buyer)
28. Loan Discount Fee (Seller)
29. Interest on New Loan
30. Survey and/or Credit Report
31. Appraisal Fee
_
32. Water and/or Sewer
33. Rents
34. Security Deposits
35. Loan Transfer Fee
36. Loan Payment Due
37. Broker's Fee
Sub -Totals
00_
,28fi.
Balance due to/from Seller
_ _
Balance due %, //from Bayer Cashiers check _--24,713
0-8
TOTALS
73,000
00
71.0 00
00
The above figures do not include sales or use taxes on personal property
APPROVED and ACCEPTED
Purchaser/gol}c>Y•X_�G'� Q.,.t.� Cam== - `� - ��� ---
GAY llEfl[:{�4L
1 MM)4/Seller r. By ----
F;OL
. ,—60-7-71 Stotement of Settlement-l;radford ' -hin.- Co., 1824-46 Stout Street, Denver. Colorado-242
he printed ttortiort uf'thi+ farm appro,ed by the • •
tlorado kcal U tate Cammi-ian kS-;-60-7.71)
" .vt- H .--'EP4 REALTY
BOX 67 — 025-7267
ASPEN. COLO. 81611
STATKINIENT OF SETTLEIMENT
SELLER'S ❑ PURCHASER'S rA
,OPERTY ADDRESS 600 Block South Monarch Street, Aspen, Colo.
MLER PAUL & HANNA WIRTH PURCHASER.—OAY WENDELL
TTLEIIENT DATE May 25, 1972 DATE OF PRORATION May 20, 1972
,GAL DESCRIPTION: All of Lot 16 except the North 10 feet;
all of Lot 18 except the South 20 feet;
analLof�-nf__1_7_�81nr� 1 prar_s_Addition 'isnpn Debit Credit
Selling Price
a9QQ�
0
Deposit, paid to Hans of Aspen Realty Trust Account _
_i
,2M."00
Trust Deed, payable to
Trust Deed, payable to
_
Trust Deed, payoff to
_
Interest on Loan Assumed
I
_
Title his. Premium 215.60 to beaid by Sellers
Abstracting: Before Sale
After Sale
Title Exam. by
_
Recording: Warranty Deed
1,50
Trust Deed
Release
Other
Docunienttlry Fee Colo. Value Declaration upon Recordation
Certificate of Taxes Due
Taxes for Preceding; Y ear(s) _
Taxes for CurrentYear 4 Mos . -+•20 days ["1971 " Taxes of $ 386.121
_
_ 150_L6___
Tax reserve
.Special Taxes
--
Personal Property Taxes .
Hazard Ins. Prem. Assumed —Policy No. Co.
$ Yr. Term Expires
Premium $ Days Unused at 0 per day
_
Premium for New Insurance
,%Iazard Ins. Reserve
_
FHA. Mortgage Ins. Assumed
FHA Mortgage Ins. Reserve
_
Loan Service Fee (Buyer)
_
Loan Discount Fee (Seller)
Interest on Nov Loan
_
Survey)lJCsaNominal share of Survey Cost _
_
_
100.00
Appraisal Fee
Water and/or Sewer
_
_Rents
Security Deposits
Loan Transfer Fee
Loan Payment Due
Broker's Fee
b--Totals
(lance due to/from Seller
42,0I15
ZO__._
,45
.16—__
dance due to/from Buyer
—`
11'nr,S
42,009
70
42,005 J70
above figures do not include sales or use taxes on personal property
APPROVED and ACCEPTED
irchascr/F,8'HXX Broker HAMS of ASPEN REALTY
GAY VIEND1 LL , / _Date: 1
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•
•
LAW OFFICES
CLARK, OATES, AUSTIN &. MCGRATH
THE PROFESSIONAL BUILDING
BOX 3707
WILLIAM E.CLARK AsPEN,COLORADO 81611
LEONARD M. OATES
RONALD D. AUSTIN
J. NICHOLAS McGRATH,JR.
September 26, 1973
Planning & Zoning Commission
City of Aspen
c/o The Planning Office
City of Aspen
P.O. Box V
Aspen, Colorado 81611
Attention: Ms. Donna Baer
Re: Riverview Associates -
White Property Exchange
Dear Donna:
AREA CODE 303
TELEPHONE 925-2600
We represent Riverview Associates, a partnership of
which Dick Meeker is a general partner. Riverview is building
a condominium project at 1020 E. Hopkins Street. Riverview
wishes to exchange approximately 84 square feet of property
with an adjacent land owner, Mr. William White, in order that
both Riverview and Mr. White may have a simpler and straighter
lot line. There is no money involved in the exchange. You
informed me that the proposed exchange might be technically
within the city's subdivision ordinance and therefore I am
writing this letter to you and the Aspen Planning & Zoning
Commission for the purpose of seeking an exemption from the
subdivision ordinance for this simple exchange. I enclose the
following relevant documents:
1. A copy of the agreement for the exchange
between Riverview and Mr. White.
2. A copy of the Title Insurance Commitment
with regard to the property to be exchanged.
3. A copy of the survey of the portion of the
property to be conveyed.
4. Copies of warranty deeds from White to
Riverview and Riverview to White.
s
Page 2
Ms. Donna Baer
September 26, 1973
5. A copy of a partial release of a deed of
trust encumbering White's property.
6. A copy of a partial release of a deed of
trust encumbering Riverview's property.
7. A copy of a letter of a local surveyor
indicating that the exchange will not
cause the encroachments of any improve-
ments to occur on either ofthe properties.
Both Mr. Meeker and I are available to meet with you, with
the Aspen Planning & Zoning Commission, and with the City
Council should our presence be desired, i.e. if anyone has any
questions at all, my assumption being this is a pretty simple,
straightforward exemption, I assume you will let me know if
either Dick or me is needed.
Thank you for your cooperation.
Sincerely,
CLARK,OATES,AUSTIN & McGRATH
By
J. Nicholas McGrath, Jr.
JNM/lrc
cc: Mr. Richard Meeker
Mr. William H. White
Robert Walsh, Esq.
•
— C ERTO= ►CATION ^'
1
G RnRO H. PCS MAN, Cf_ fiT') FY
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! F!Zi-O NOTES OF A _,VRVEY MAOrr
..AN vARr • .r i, �! f�. t�
UNDO 8, MY SORVIS10N 'IN Nov. 197Z,
- - µ SURVEY P.L);
C0l,0. REG. P/lOf: F:�vGR. 'F I,f�IVD .;VNVEYoK "'2�76 ,
F O R 1}
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~'
RECORD OF PROCEEDINIGS 100 Leaves
l ORM n C. F. HOFCKFL B. 0.. L. CO.
Regular Meeting Aspen Planning & Zoning October 16, 1973
Crowley stated that there had been no avalanche activity
in the wedge for 80-100 years.
Main Motion
`/
v Riverview ASsoc. -
White Property
Exemption from the
Definition of
Subdivision
Chairman Adams stated the report submitted appeared to
be extremely comprehensive and satisfactory.
Ms. Baer questioned Crowley -as to where the utilities
would be dug in.
Crowley stated that it would be on the east end of Lot 1.
Ms. Baer qeustioned the turn -around and whether or not
it had the approval of Willard Clapper, head of the
Fire Department.
Crowley stated that the plans had been redone and they
had put in a road. Stated that the grade going down
was approximately 8%.
Ms. Baer stated that the road must be reviewed in relation
to the topographical map.
Crowley stated that he had notes from Clapper concerning
the access to the site, and pointed out the location of
the hydrants.
Ms. Baer stated that the developers agreed to participate
in any improvement district as if bordered by Ute Avenue.
Oates stated that the developer would ocmmit the trail
easement on the final plat.
Gillis made a motion to approve the preliminary plat for
Blue Sky Condominiums on the following conditions:
(1) Planning Office acceptance of the recorded ac-
cess easements through adjacent properties.
Book and page should be on plat.
(2) Engineering Department approval - recommenda-
tion to exceed the maximum of 8% grade in the
southerly access road.
(3) Engineering Department approval - provisions
to assure runoff will not affect lower lots,
either by storm drains or drainage easement.
(4) Engineering Department Approval - a contour
map to be provided to determine if water can be
served to the lot. If adequate pressure is not
available for fire protection, a pump and storage
system will be required. Require room for the
Fire Truck to turn around.
(5) Engineering Department Approval - utilities to
be,brought to the site by easement which does
least damage to natural terrain.
(6) Language on the plat noting avalanche area.
(7) Public trail easement on private road.
Motion seconded by Johnson. All in favor, motion carried.
Attorney Nick McGrath was present and submitted a map
showing the proposed land exchringe . Riverview is build-
ing- a condominium project at 1020 T. IIopkins Street and
wishes to exchange approximately 84 sq. ft. with an ad-
jacent land owner in order that they may have a simpler
and straighter lot line.
1 - 2 - �\ �.
FORV !c C. F. HOECKEL B. B. k L. CO.
tar Meetin
RECORD OF PROCEEDINGS 100 Leaves
Aspen Planning & Zonin
October 16, 1973
Ms. Baer stated that the Planning Office had no objec-
tions to this proposal.
Gillis made a motion to exempt the White Property from
the definition of Subdivision, seconded by Johnson. All
in favor, motion carried.
Schottland Bartel submitted to the Commission a copy of the proposed
Agreement Agreement, and summarized the following points: (1) sets
out for the Commission recommendation that Ordinance #19
be amended to include the list of uses; (2) specifies
square footage limitation for the first phase; (3) City
would not be stopped from changing land use expenditures.
Schottland explained that there would only be 120 land
coverage on the total site, and that the project must
come under subdivision review.
Chairman Adams stated that he would rather not amend
Ordinance #19, Commission concurred.
Gillis stated he would like to approve the Agreement
without amending Ordinance #19.
Jenkins pointed out that the Commission would have more
problems dealing with this project because it presents
the particular problem of being so large.
Chairman Adams stated that he felt the uses should be
approved by Ordinance #19 Review procedure rather than
amending the Ordinance.
Gillis stated he would like to compare the Agreement with
the agreement which was previously presented.
Bartel pointed out that the uses are the same in both
agreements.
Chairman Adams explained that the intent of Ordinance #19
was to give the Planning & Zoning Commission a say in
whether or not something goes in, Some things would be
allowed, while others would be held in abeyance.
Schottland pointed out that the first paragraph of the
Agreement gave the City the right to rezone as they saw
fit.
Jenkins stated that he felt the map should be changed so
that this large parcel of land could be zoned differently.
Bartel pointed out that Ordinance #19 was not designed
to apply to projects that will have a long-range build
out.
Jenkins made a motion to approve the agreement on the
condition that the first phase uses would still be sub-
ject to Ordinance #19, and that the Planning Office could
determine if: the uses are acceptable, seconded by Johnson.
Johnson them moved to amend the motion to say that "this
agreement is for the life of Ordinance #19 only". All in
favor, with the exception of Gillis, who abstained.
City Attorney Sandra STuller was present and stated thtit.
ttio Cnnimi ssi on cou] d not del eq.at-e that ))OW 1 to
crs/nc _��.�
COM,'JTMENT TO INSURE: • N0. 0�1G.000.`�2`�lea~feCom Company, o SHEbIT loOFdeon, hereby commits
The Transamerica Title Insurance Company, a California corporation, hereinc P y.
to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed insured named 'in Schedule A, as owner
or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and
charges therefor; all subject to the provisions of Schedules A and B and to the conditions and stipulations set forth on the reverse hereof.
The effective date of this commitment is May 30 11973 at 8:00 A. M.
At which time title was vested in:
WILLIAM E. WRITE, Fee Simple
1. Policies to be issued: SCHEDULE A AMOUNT PREMIUM
(A) Owners:
RIVERVIEW ASSOCIATES, a Partnership
$ T.B.D. $ T.B.D.
( B� Mortgage:
S S
CERTIFICATE OF TAXES DUE S
SURVEY $
ADDITIONAL CHARGES (IF ANY) $
2. Covering the interest as shown above on the real property described as:
LEGAL DESCRIPTION AS SET FORTH ON ATTACHED SHEET
3. The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded sub-
sequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents
must be recorded in the office of clerk and recorder of the county in which said property is located. A purchaser is cautioned to clear with
the holder of any deed of trust for the terms of assumption and/or acceleration thereof.
A. Partial Release by the Public Trustee of Pitkin County of Deed of Trust from
William E. White for the use of Robert E. Grube and Bertha G.,Grube, to
secure $23,100.00, dated December 16, 1971 and recorded December 28, 1971
in Book 260 at Page 352.
B. Deed from William E. White to Riverview Associates,.& Partners4ip.
SCHEDULE B
THE POLICY OR POLICIES TO BE ISSUED HEREUNDER SHALL NOT BE CONSTRUED AS INSURING AGAiNST:'.
1. Rights or claims of parties in possession not shown of record, including unrecorded easements.
2. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose,
and which are not shown by the public records.
3. Mechanic's liens, or any rights thereto, where no notice of such liens or rights appears of record.
4. (A) Taxes and assessments not yet due or payable and special assessments not yet certified to the county freasurer's office.
(B) Taxes due and payable Any and all unpaid taxes and assessments.
Transame9peaTitle Insuran Company
By
r.
AUTHO IZED iG TURE
• t
ti •'
r ,
t'
SCHEDULE B CONTINUED COMMITMENT N046,000,429 C
SHEET 2 OF 3
5. 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 subject
property, and Right of Way for Ditches or canals constructed by the
authority of the United States, all as reserved in United -States Patent
recorded June 17, 1949 in Book 175 at Page 246.
(The Company agrees to protect the insured against any and all loss or
damage to the Real Property and to the Improvements thereon, resulting
from the use of the surface in connection with said reserved rights.)
6. Any tax, assessments, fees or charges by reason of the -inclusion of
the subject property in the Aspen Fire Protection District and Aspen
Metropolitan Sanitation District.
1 i •
' I
a
1
NOTE: EXCEPTION WILL NOT APPEAR IN THE MORTGAGE
POLICY TO BE ISSUED HEREUNDER.
t
SHEET I
I
I
.
�i
ATTACHED TO AND FORMING A PART OF COMMITMENT N0. 46.0.00.429 C
3 OF 3
LEGAL DESCRIPTION:
A tract of land situated in Lot 14, Block 1, RIVERSIDE•ADDITION, being
part of the Riverside Placer, USMS No. 3905 AM, described as follows:
Beginning at a point being 25.80 feet., S. 89046' E.,'from Corner
No. 3, Riverside Placer USMS No. 3905, AM (1954 Brass -Cap in Place),
thence S 89046' E., 26.75 feet;
thence S 14054' W., 6.75 feet;
thence N 75009' W., 25.88 feet, to the Point of Beginning,
COUNTY OF PITKIN, STATE OF COLORADO �.
. I
'
I
r.
Recorded at........ o'clock ............ M ................................... ..............
Reception No ...... �-
..........................................:...............................Recorder.
I
This DLLD, Made this day of 01973
between
i
WILLIAM E. WIiITE
of the
County of and State of Colorado, of the first part, and
RIVERVIEW ASSOCIATES, a Partnership
of the County of and State of
1 Colorado, of the second part:
WITNESSETH, That the said part y of the first part, for and in consideration of the sum of
TEN AND NO/ 10 0 DOLLARS
to the said part , of the first part in hand paid by said part y of the second part, the receipt whereof is
hereby confessed and acknowledged, ha s granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm, unto the said part y of the second part, itSheirs and assigns for-
ever, all the following described lot or parcel of land, situate, lying and being in the
County of Pitkin and State of Colorado, to wit:
A tract of land situated in Lot 14, Block 1, RIVERSIDE
F,DDITION, being part of the Riverside Placer, USMS No.
3905 AM, described as follows:
Beginning at a point being 25.80 feet S. 89046' E., from
Corner No. 3, Riverside Placer USMS No. 3905, AM (1954
Brass Cap in Place),
thence S 89*46' E., 26.75 feet;
thence S 14054' W., 6.75 feet;
thence N 75009' W., 25.88 feet, to the Point of Beginning
County of Pitkin, State of Colorado
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all
the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law
or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the
said part of the second part, its heirs and assigns forever. And the said party of the first part,
for .1 imel f , h i S heirs, executors, and administrators, do e S covenant, grant, bargain, and agree to and
with the said part y of the second part, its heirs and assigns, that at the time of the ensealing and delivery
of these presents, well seized of the premises above conveyed, as of good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and ha S good right, full power and lawful authority
to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear
from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or
nature soever.
except general taxes for 1973, payable in 1974; and subject
to United States Patent reservations affecting the subject
property recorded June 17, 1949 in Book 175 at Page 246 of
the records of Pitkin County, Colorado.
and the above bargained premises in the quiet and peaceable possession of the said part y of the second part,
its heirs and assigns against all and every person or persons lawfully claiming or to claim the whole
or any part thereof, the said part y of the first part shall and will WARRANT AND FOREVER DEFEND.
I\' WITNESS WHEREOF, the said part y of the first part has hereunto set his hand
and seal the day and year first above written.
I
»...._..» ................. ....... »_.....».. -.--(SEAL)
.................................................................................. »........»...... WILLIAM E. WHITE
............... »....»..»........_..... ........ »... »__......»»......_.»»(SEAL)
.. . .....................................................................................».......» ) .»».......... ..... (SEAL)
STATE OF COLORADO,
es.
County of
The foregoing instrument was acknowledged before me this day of
19 ,by WILLIAM E. WHITE
h1y commission expires ,19 . Witness my hand and official seaL
»..._..»........»...».»._»..........»..._.......»......»_.. Notary •PuDBs
No. 932. WARRANTY DEED+ —For Photographic Rseord.—Brad ford Publishin¢ Co., 18Z1.46 Stout Strast, uonVor, W1Qr>taa—a 1-
Recordedat ..... ..................o' clock ............ M................. ............... ..............
ReceptionNo...: ..................................... ............................................. ...................Recorder.
Tuis DEED, Made this day of .1973
between RIVERVIEW ASSOCIATES, a
Partnership
of the
County of Pitkin and State of Colorado, of the first part, and
WILLIAM E. WHITE
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
DOLLARS
TEN AND N0/100
to the said party of the first part in hand paid by said party of the second part, the receipt whereof is
hereby confessed and acknowledged, ha S granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm, unto the said part y of the second part,his heirs and assigns for-
ever, all the following described lot or parcel of land, situate, lying and being in the
County, of and State of Colorado, to wit:
A tract of land situated in Tracts I and H as shown on a
plat filed as document Number 112585 Pitkin County Records,
being part of the Jennie V. Lode, USMS Number 5310 de—
scribed as follows:
Beginning at Corner No. 3 Riverside Placer USMS
No. 3905 AM (1954 Brass Cap in place),
thence S 89 degrees 46' E 25.80 ft.,
thence N 75 degrees 09' W 26.66 ft.,
thence S 00 degrees 14' W 6.73 ft., to the point of beginning.
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all
the estate, right, title, interest, claim and demand whatsoever of the said part y of the first part, either in law
or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the
said part y of the second part, h i S heirs and assigns forever. And the said part y of the first part,
for i t S sel f i t Sheirs, executors, and administrators, do e S covenant, grant, bargain, and agree to and
with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery
of these presents, well seized of the premises above conveyed, as of good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and ha S good right, full power and lawful authority
to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear
from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or
nature soever.
except general taxes for 1973, payable in 1974; and subject
to United States Patent reservations affecting the subject
property recorded June 17, 1949 in Book 175 at Page 246 of
the records of Pitkin County, Colorado.
and the above bargained premises in the quiet and peaceable possession of the said part y of the second part,
his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole
or any part thereof, the said part y of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said part y of the first part ha SI hereunto set their herds
and seal s the day and year first above written. RIVERVIEW ASSOCIATES, a partnersh
1
ByBy: ..... ...... ................................_.....—_--_(SEAL)
Richard J. Meeker, general
...............................
_....................... ........................... -...................................... ...... ... __.._.... .....»_ .. (SEAL)
STATE OF COLORADO, l
} as.
Countyof Pitkin J
The foregoing instrument was acknowledged before me this day of
19 ,by RICHARD J. MEEKER, general partner of Riverview Associa
My commission expires , 19 . Witness my hand and official seal
».................««..... .... ..»...........«........ Noto. rs.PubBo.
No. 932. wAT4RANTY DEED —For Phetocraphlc Record —Bradford Publiohlna Co.. 1824-46 utout btreet. uon"r. Wwreuv
1"c"01-ded at.• _.._ -
...o'clock... ...M.. .......................6......................................
RecehlionNo ...... ................. _ ......................................................................Recorder.
I,%-NOIN' ALL 1'111:N Bi- Tito-.tii: PHLSI.NTS: That, Whereas,
WILLIAM E. WHITE
Of , by Deed of Trust
dated the 16th day of December , 1971
and duly recorded in the office of the County Clerk and Recorder
of the County of Pitkin , in the
State of Colorado, on the28th day of December, 1971 ,
in Book 260 at Page 352 =-KNT)i. ,
Y'%CIi a1.1i&%NL 1y ?) * conveyed to the Public Trustee
in said Pitkin County, certain property in said
Deed of Trust described in trust to secure to the order of
ROBERT E. GRUBE and BERTHA G. GRUBE
the payment of the indebtedness mentioned therein.
RECORDER'S STAMP
AND, WHEREAS, said indebtedness has been partially paid and 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 Lot 14, Block 1, RIVERSIDE
ADDITION, being part of the Riverside Placer USMS No.
3905 A14, described as follows:
Beginning at a point being 25.80'feet S. 89*46' E., from
Corner No. 3, Riverside Placer USMS No. 3905, AM (1954
Brass Cap in Place),
thence S 89*46' E., 26.75 feet;
thence S 14*54' W., 6.75 feet;
thence N 75009' W., 25.88 feet, to the Point of Beginning
situate, lying and being in the 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 day of , 19
.........
.. -tithe ...•�Publlc Trustee io said.............
aid .............Connb �.• . itsn
STATE OF COLORADO,
ss.
County of Pitkin
The foregoing instrument was acknowledged before me this day of
1973 , by HELEN Zp.RDEL
as the Public `trustee in the said
County of Pitkin , Colorado.
,%zy commission expires
Witness my hand and Official seal.
...•................................................................................................... . ........
Notary Pub"
To the Public Trustee in said County of Pitkin ,
Please execute this release, the indebtedness secured by the above mentioned Deed of Trust
having been partially paid and satisfied.
•.•........................................................................---.....I.....................----....
ROBERT E. GR` tS1bolder of the Indebtedness secured by said Deed of Trust
'In counties where book and page numbers have been abolished. r
A' Go GRUBE
No. 927. PA14TIAL RELEASE OF DEED OF TRUST BY TUR PUBLIC TIMSTE&
Bradford Publishing Co.. 1924-46 Stout Sleet Denver, 0010rado-1-7i
Recorded at. _ �....... ...o'clock. . M.. ........... ...... .......... .
ReceptionNo................ ........ .... ......... .. ._.............. _....................... ............................. Recorder.
KNow Ai.:, ]LIEN BY THESE PRESENTS: That, Whereas,
RIVERVIEW ASSOCIATES, a Partnership,
of by Deed of Trust
dated the 5 th day of May , 19 73 ,
and duly recorded in the office of the County Clerk and Recorder
of the County of Pitkin , in the
State of Colorado, on the 10 th day of May , 19 73,
in Book 275 at Page 621 (N}4 ,
r)s&�N6W M. XP conveyed to the Public Trustee
in said Pitkin County, certain property in said
Deed of Trust described in trust to secure to the order of
FIRST OF DENVER MORTGAGE INVESTORS
the payment of the indebtedness mentioned therein.
RECORDER'S STAMP
AND, WHEREAS, said indebtedness has been partially paid and 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 Tracts I and H as shown on a -
plat filed as document Number 112585 Pitkin County Records,
being part of the Jennie V. Lode, USMS Number 5310 described
as follows:
Beginning at Corner No. 3
(1954 Brass Cap in place),
thence S 89 degrees 46' E
thence N 75 degrees 09' W
thence S 00 degrees 14' W
situate, lying and being in the
State of Colorado.
Riverside Placer USMS No. 3905 AM
25.80 ft.,
26.66 ft.,
6.73 ft., to the point of beginnir
County of Pitkin and
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
day of
, 197 3
-•--------............................................ ,..... (SEAL)
M the Public Trustee in said Coant� of P i tkin
STATE OF COLORADO,
ss.
County of Pitkin
The foregoing instrument was acknowledged before me this day of
19 , by Helen Zordel
as the Public Trustee in the said
County of , Colorado.
My commission expires
Witness my hand and Official seal.
---------------------------------------------------------------------------- ............................
Notary Pub►lo.
To the Public Trustee in said County of Pitkin
Please execute this release, the indebtedness secured by the above mentioned Deed of Trust
having been partially paid and satisfied.
FIRST OF DENVER MORTGAGE INVESTORS____________________
The legal holder of the indebtedness secured by said Deed of Trust.
•In counties where book and page numbers have been abollahed:
NO.927. PARTIAL RELEASE OR DEED OF TRUST QY THE PBL—Bradford Publishing blishing Co.. 182446 Stout Street. Denver. Colorado-1-78
REGI' IERED in COLO., NEW MEXICO and Ul AH
SURVEY ENGINEERS, INC.
6e,.tember 18, 1973
AIR PHOTO SURVEYS BLDG.
WALKER FIELD
P.O. BOX 2007
GRAND JUNCTION, COLORADO 81501
PHONE 303-243-2786
PRINCIPALS:
ELKS BUILDING
GERARD H. PESMAN, P.E., L.S.
P.O. BOX 2506
MAX E. MORRIS
ASPEN, COLORADO 81611
DAVID W. MCBRIDE
PHONE 303.925-3816
1001 RIVERVIEW DR.
GLENWOOD SPRINGS, COLORADO 81601
PHONE 303.945.8233
Mr. J. Nicholas L:cGrath, Jr.
Clark, Oates, Austin & McGrath
Y.O. Box 3707
Aspen, Colorado 81611
fear Sir • jiE: edverview-Issociates/
;hite exchange
I aurveyea anu have revieweu the proposeu exchange of property between
'iverview .associates anu v;illiam E. Lot 14K'hite,•involving small parcels in
, 51ock 1, .',iversiue :;daition, ana in Tracts 1 and H. (nttached
Survey L'escription.)
The proposeu exchangto occur. e, to My. kri
of any improvements owleage, noes not cause any encroachments
oincerely,
3UdVEY ENGINEERS, INC.
Gerard H. Fesman
cc cdverview ::ssoc.
6
BOOK ,ZEz P� . z 4
GRANT OF EASEi`1_ E_ LITS
F - -clay of
THIS GP.Ai1T OF EA.Dr,i'I..���is made this
December, 1973, between RIVERVIEcd ASSOCIATES, A general partnership,
(hereinafter "Riverview")t and the CITY OF ASPEN,
STATE OF
COLORADO (hereinafter "City):
WITNESSETH,
That for good and valuable consideration, Riverview
hereby grants unto the City, its successors and assigns,
perpetual
non -ex elusive easements ten feet (10") in width for the sole and
c pedestrian trail through the
only purpose of providing a publi
property described in Exhibit A hereto, along the Roaring Fork
River_ This Grant of Easements shall be conditioned upon and
public pedestrian
subject to the City's obtaining additional ,
trail easements from the Bur-aau of Land Management and all other
persons necessary to connect the easements herein
granted with
to create an uninterrupted trail along the river
other easements
bank of the Roaring For]: River, with access thereto from a public
In the event the City is
right of way at both extremities•
unable to obtain such additional easements within ten (10) years
�- then these easements
from the date of this Grant of Easement ,
shall become null and void and of no further force and effect
and any interest of the City therein shall revert to the owner,
its nominees, grantees, successors and assigns (of the property
++ �+ The easements herein granted shall be
described in Ex_`zibit A ) -
over, along and across and shall include the Following described
property situated in the City of Aspen, County of PitY.in,, Mate
of Colorado, to -wits
A pedestrian a part of Lots 15
an pathway easement,
i..
through 19, Block 1, Riverside Addition - a part of the
Riverside Placer, MS#3905 AM - being five (5) feet
on both sides of the following described centerline:
Beginning at a point on the Northerly line of Hopkins
Avenue, being S44182'E 204.72 ft. from Cor. #3, River-
side Placer, (1954 Brass Cap), thence N73002'E 33.29
ft.; thence N62023`E 65.25 ft.; thence I429"50'E
56.34 ft.; thence 428'21"W 65.12 ft. to a point on
Line 2-3 Riverside Placer.
And also a pedestrian pathway easement being a part of
Tracts C,D,E,F, and G,H, and I as shown upon plat filed
in Plat Book 2A, Page 262, being a part of the Jennie
V. Lode TA.S#5310 and being five (5) feet on both sides
of the following described centerline:
Beginning at a point being N32 ° 37"W 93.97 ft. from Cor.
#3 of the Riverside Placer, (1954 Brass Cap), thence
S80041'E 150.07 ft.; thence S7304730" E. 120.55 ft.
to line 2-3 of the Jennie V. Lode.
Together with a five foot pedestrian pathway easement
along the westerly boundary of Parcel B.
In the event the intent and purposes of this grant are
abandoned by the City, namely that any completed public pedestrian
trail system shall cease to be used for such purpose for a period
of seven (7) years, then this Grant of Easements may be terminated
by Riverview or its successors, nominees, grantees and assigns,
and in that event, this Grant of Easements shall be of no further
force and effect and the easements herein grantee' shall revert to
the owner, its nominees, grantees and assigns (o the property
described in Exhibit A) .
IN WITNESS WHEREOF, this Grant of Easements has been
executed the day and year first above written.
RIVERVIEW ASSOCIATES,
a Gener4 Partnkrship
-2-
arcs it ,\,igeker, Partner
•
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me
this day of December; 1973, by RICHARD J. MEEXER, as a
Partner of RIVERVIE.a ASSOCIATES, a Colorado General Partnership.
Witness my hand and official seal.
My commission Expires:
Notary Public
MM
•
EXHIBIT A
TO CONDOMINIUM DECLARATION
RIVERVIEW CONDOMINIUMS
LEGAL DESCRIPTION:
PARCEL "A"
That part of Lots 15 to 19, Block 1, RIVERSIDE ADDITION, (being a
part of the Riverside Placer, United States Mineral Survey No. 3905 AM)
and that part of Tracts "C", "D", "Ef1, TIF", and "G", as 'shown upon plat
filed December 19, 1961, as Document No. 112585, being a part of the
JENNIE V. LODE, (United States Mineral Survey No. 5310) and being
located in the NW 1/4 NE 1/4 of Section 18, Township 10 South, Range 84
West of the 6th PM, all being more particularly described as follows:
Beginning at the Southwest corner of Lot 15, Block 1, RIVERSIDE
ADDITION, (said Southwest corner being South 10049' East, a distance
of 117.05 feet from Corner Number 3, of said Riverside Placer) thence
South 750061 East, along the Northerly line of Hopkins Avenue, a distance
of 135 feet, more or less, to a point on the West bank of the Roaring Fork
River;
thence Northerly, along said West bank of the Roaring Fork River, a
distance of 215 feet, more or less, to a point on the Line 2-3 of said
Riverside Placer;
thence North 890461 West, along said Line 2-3 of the Riverside Placer, a
distance of 27 feet, more or less, to a point on Line 2-3 of said JENNIE
V. LODE;
thence North 150301 East, along said Line 2-3 of the JENNIE V. LODE,
a distance of 48 feet, more or less, to a point on the centerline of said
Roaring Fork River;
thence North 680151 West, along said centerline, a distance of 121 feet
thence North 850151 West, along said centerline, a distance of 32 feet;
more or less to the Westerly line of said Tract "G" of the JENNIE V.
LODE, said line being the Northerly extension of the Westerly line of
Lot 15, Block 1, RIVERSIDE ADDITION;
thence South 140541 West, along said Westerly line; a distance of 214 feet,
more or less, to the point of beginning.
COUNTY OF PITKIN, STATE OF COLORA.DO
P •• LEGAL DESCRIOION CONTINUED
PARCEL "B"
LOTS D, E, F, BLOCK 25, EAST ASPEN ADDITION TO THE CITY
AND TOWNSITE OF ASPEN,
and
LOT "D" EAST ASPEN ADDITIONAL TOWNSITE ADDITION as shown
on the Plat filed as Document No. 180453 in Book 2A at Page 252 of the
records for Pitkin County, Colorado;
and
TRACTS "H" and "I" as shown upon the Plat filed December 19, 1961
as No. 112585, being part of the JENNIE V. LODE (United States Mineral
Survey No. 5310) and in the NW 1/4 NE 1/4 of Section 18, in Townsite 10
South, Range 84 West of the 6th PM, and being located Northerly of and
adjacent to Lots 13 and 14, Block 1, RIVERSIDE ADDITION and Northerly
of and adjacent to Lots "D", "E" and "F", Block 25, East Aspen Addition
to the City and Townsite of Aspen, State of Colorado;
All of said above described property being also described by Metes and
Bounds as follows:
A tract of land being part of the JENNIE V. LODE MS 5310, and East Aspen
Addition, situated in Section 18, Township 10 South, Range 84 West of the
6th Principal Meridian, more particularly described as follows:
Beginning at the SW corner of Lot 15, Block 1, Riverside Addition, being
117.05 feet South 10049' East from Corner 3, Riverside Placer MS 3905 AM
1954 Brass Cap, and 210 Feet South 75009' East from the Southwest corner
of Block 25, East Aspen Addition; Thence North 14054' East, 118.80 feet,
to the Point of Beginning; Thence continuing North 14054' East, to the Center
line of the Roaring Fork River; Thence North 85015' West, 90.00 feet, more
or less, along the center line of the Roaring Fork River, to Line 4-1, Silver
King Lode MS 4746, being the same as line 45-44 Aspen Townsite Addition;
Thence South 34045' Wast along Line 45-44, a distance of 22 feet, more or
less, to the Southerly edge of the Roaring Fork River, Thence Northwesterly
along the Southerly edge of the Roaring Fork River, a distance of 23 feet,
more or less, to the Westerly line of Lot D, Block 25, East Aspen Addition;
Thence South 14051' West, 53 feet, more or less, to the Southwest corner
of Lot D, Block 25, East Aspen Addition; Thence South 75009' East, 65.20
feet; to the Southeast corner of Lot F, Block 25, East Aspen Addition;
Thence South 00014' West, 9.31 feet; Thence South 75009' East, 52.54 feet;
Thence North 14054' West, 6.75 feet, to the Point of Beginning.
TOGETHER WITH an easement for right of egress and ingress from East
Hopkins Avenue, across the Easterly 12 feet of Lot O, Block 25, East Aspen
Addition to the City of Aspen as described in Deed from Oscar G. Atkisson
and Dorothy F. Atkisson to Evelyn Prockter recorded November 5, 1962
in Book 199 at Page 535.
COUNTY OF PITKIN, STATE OF COLORADO
1
, J. •
A G R E E M E N T
Granting Exemption front Subdivision
Regulations for R.i.verview Condominiums
THIS AGREEMENT, made and entered into this_k" _day of
December, 1973, by and between Riverview Associates, a general
partnership, (hereinafter "owner") and the City of Aspen Planning
and Zoning Commission (hereinafter "planning commission");
WHEREAS, Section 20-10 (c) of the Aspen Municipal
Code provides that in a case where land being divided into con-
dominium interests has, prior to the effective date of the
ordinance, been platted into lots and blocks by plat recorded
in the office of the Ptikin County Clerk and Recorder, such
division of land shall be exempt from the definition of a sub-
division when, in the judgment of the Planning Commission, such platted
lands fulfills all pertinent design requirements contained in the sub-
division regulations, and
WHEREAS, Section 20-10 further provides that no exemption
shall be granted unless a written application therefor has been
submitted to and considered by the Planning Commission, and the
grounds for granting such exemption have been entered in the minutes
of the granting body by motion or resolution duly adopted, and
':QHEREAS, the owners of the Riverview Condominiums have
made application for an exemption under the provisions of Section 20-
10 (c) for the following described property situated in Pitkin County,
Colorado, to -wit:
Lots 15 to 19, RIVERSIDE ADDITION.
WHEREAS, The Aspen Planning Commission did, at its meeting
held on December 4, 1973, grant an exemption from Subdivision Regu-
lations to Riverview Condominiums on the grounds provided in Section
20-10 (c), finding that Riverview Condominiums falls within the
purview of that section, provided that Riverview Associates, a
general partnership, owner of Riverview Condominiums, perform
certain requirements or that certain circumstances exist as
follows:
1. The owner agrees to bind itself, its successors
and assigns to join upon for motion any improvement districts
including paving, sidewalk and gutter and storm drainage within
which the property lies. This provision shall be deemed a
covenant running with the land.
2. The owner agrees to provide for maintenance of the
dry -well which form a part of the drainage system of the property,
and the maintenance to be the continuing obligation of the
Riverview Condominium Association. A suitable provision has
been set forth in the condominium Declaration obligating the
condominium association to maintain the dry -wells.
WHEREAS, The City Engineer has requested a change in the
legal description of the easement to be granted to the City by
th-e owner pursuant to prior agreement with the City, and the
change has been accomplished and the grant of easement has
been delivered to the city and is acceptable, and
WHEREAS, the Planning and Zoning Commission has
determined upon satisfaction of the requirements set forth above,
that the Riverview Condominiums will satisfy all requirements
of Section 20-7 of the Aspen Code, thus fulfilling the requirements
of Section 20-10 (c) of the Aspen Code, and
WHEREAS, the owner agrees to perform all of the require-
ments set forth herein which have not been fulfilled.
THEREFORE, IN CONSIDERATIO14 of the mutual covenants
contained herein, it is agreed as follows:
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0
•
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1. The owner, its successors, and assigns upon
formation shall join any improvement districts including paving,
sidewalk and gutter and storm drainage within which the
property lies. This provision shall be placed in tine
Condominium Declaration and shall be deemed a covenant running
with the land.
2. The owner shall provide by placing a provision in
the condominium declaration for maintenance of the dry -wells
which form a part of the drainage system of the property, and the
maintenance to be the continuing obligation of the Riverview
Condominium Association.
3. The owner is hereby authorized to begin selling
condominiums.
4. The Planning and Zoning Commission does hereby
grant an exemption to the Subc'ivision Regulations pursuant to
Section 20-10 (c) of the Aspen municipal Codes to the owner.
I14 WITNESS HEREOF, the parties hereto have set their
hands and seals on the day and year herein noted.
DATED:-_- �-Y k .- M3_____
RIVERVAEW CONDOMINIUMS
Par of
RIVERVIE`"i AS OCIATES
r --__-�� � �-k- `-Q",3 THE ASPENPI�'1i:dNI1G AND ZONINGDATED : — C0114MISS ION
Chairman
s � •
RECORD OF PROCEEDINGS 100 Leaves
F :•1M !., C. F.1'KLl a. B. 6 1. CJ.
Regular Meeting Aspen Planning & Zoning December 4, 1973
Ms. Baer stated that she did not believe the Commission would.
have to act within 30 days. Stated it would be tabled pen-
ding further information.
Vidal stated that he would like to abstain due to conflict,
but stated that the Commission should try to get a formalized
procedures as far as the status and timing of different pro-
jects is concerned. Should develope a method to avoid mis-
understanding.
Bartel stated that the 30-day limit is in the Ordinance #19
review specifically, and would check on the preliminary plat.
DelDuca stated that it would be to the benefit of the devel-
opers if they waited, since the run-off plan could change
their site plan considerably.
Ms. Maddalone questioned Bartel on if they were obliged to
provide the drainage ditch, what compensation would the de-
veloper get?
Bartel stated that compensation, was a legal consideration.
Schiffer, after checking the Code, stated that failure of
the Commission to act within 30 days constitutes approval.
Bill Dunaway questioned the Commissicn as to whether or not
there was any time limit on re -application.
Chairman Adams stated that the Commission could table the
project now, and make a decision within thirty days.
Bartel stated that even though it.is not specifically spelled
out in the Code, the Commission could table the project and
act on it within e0 days.
Johnson made a motion to table the consideration of the pro-
ject with the condition that the Commission act on it with-
in 30 days, seconded by Schiffer. All in favor, motion
carried.
RIVERVIEW CON- Ms. Baer stated that this project was requesting subdivision
DOMINIUM - exemption. Ms. Baer submitted the following recommendations
Exemption on the project:
(1) E. Hopkins, additional ROW for cul-de-sac per
Engineering Department specifications.
(2) Agreement to join in future street improvement
district.
(3) Revised description to meet "as built" trail,
including an extension back to Hopkins along
west property line.
(4) Agreement to join in future sidewalk improve-
ment district.
(5) Condominium map should acknowledge that water
supply has not been verified by the City.
(6) Include in homeowners' association agreement a
responsibility of the association to monitor. and
,..maintain dry wells according to an established
schedule.
(7) Agreement to join in future drainage improvement
district.
Icon Austin, Attorney representing the developer, stated that
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RECaDD OF PROCCEMIIGS 100 Leaves
rne¢ •• t. f. ❑rcKn 0. B. 6 t. eo.
Regul.a.r. Meeting Aspen Planning & Zoning December. 4, 1973
the developer would agree to those conditions.
DelDuca stated that the trail was constructed with the ap-
proval of rred Ilooden, former Assistant Planner. Easement
that is dedicated is not where the trail is constructed.
Austin stated"that the applicant agrees to adjust the des-
cription according to the already constructed trail.
Chairman Adams stated that this project is an already -con-
structed project.
Gillis stated that he was disappointed in the maintenance
of the trail, and feels it should be cleaned up.
DelDuca stated that the trail was approved before P snowfall.
Schiffer questioned if the City Attorney had read the con-
dominium declaration.
Austin stated that he felt she would have no objections.
Stated that the condominium declaration is ready to be re-
corded.
DelDuca stated that the Engineering Department would like
to have the easement granted on the plat.
Schiffer made a motion to accept this proposal, subject to
final approval of the Planning Office and redefinition of
the trail easement, seconded by Vagneur. All in favor, motion
carried.
CONCEPT 600 - ✓ Bob Gruetter was present representing the developer.
SUBDIVISION
EXEMPTION Ms. Baer pointed out that Concept 600 was in the same situ-
ation as Riverview Condominiums.
Ms. Baer submitted the following recommendations from the
Planning Office:
(1) An agreement to join in future street improve-
ment district.
(2) Pedestrian easement from Main Street along wes-
tern boundary and vacated Hunter Avenue.
(3) Condomonium map should acknowledge that water
supply has not been verified by the City.
(4) Implementation of an approved drainage plan; a
performance bond should be submitted.
(5) Agreement to join in a future drainage improve-
ment district.
Gruetter stated that they had everything worked out that
needs to be, with the exception of the dedication of the
pedestrian easement.
Stated that they agreed to post a $1.,000.00 bond for the
dry well.
DelDuca questioned if the City had the right to go onto the
property.
Ms. Baer stated taht'they could put that in the agreement.
Gillis made a motion to approve, subject to the recommen-
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