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Home My WebLink Aboutcoa.lu.ex.1020 E Hopkins Ave Riverview Asso.1973 LAW OF FleES CLARK, OATES, AUSTIN So MCGRATH 600 EAST HOPKINS ST~EET BOX 3707 WIL-L-IAM E. CL-A~K L-EONA~O M. OATES RONAL-O O. AUSTIN ..J. NICHOL-AS McGRATH,..JR. WIL-UAM ~. ..JORDAN III ASPEN, COLORA.DO 81611 November 28, 1973 AREA CODE 303 TEL-EPHONE 925-2600 Mr. Jim Adams, Chairman City of Aspen Planning and Zoning Commission Aspen, Colorado 81611 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, R~U~:~ Attorney for Applicant Riverview Associates, a general partnership RDA:eml - >r;;r~~ // -' , CITY d"'--""',~ [j ," '-' -~ . . aspen ,C010raao, 81611 ASPEN hox v "\ ( '. \ \. "'~'~ v r~. ~.' I , I MEMORANDUM DATE: February 5, 1975 TO: Members of the City council FRo~ndrn M. Stuller 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 Counci~ 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 improvea'lnts and capital expenditures, acquisition of land, payment of indebted- ness incurred for such capital improvements, capital expenditures or land acquisition." 'I'hese limitations are further refined by the provisions of your Resolution 19, Series of 1972, ~ledging the seventh penny to fund only the Transportation Plan, "includ- ing the construction of ::;all~" t:""' ,=--=';L.c'~~('r--:::ltio:1 syst.:-m, fer required parking, <lnd the acquisl Clcn C'I. liwd therefore. n Ordinance 21 requires that in the event of resale of the Ri0 Grande Property $200,000.00 0: the proceeds must be DUe in trj.e bond =-eserve t<..:n:i.. hat i.s.~ ::-~J..c;,:~~",'"-"d :.:.~{ t"::l.S depc~~,~,': the 550,J004''I0 a ,/ear th2.t y.,4ould o:.~~s::\-....lse have 1:.0 be pld':;._::~ into the reserve :Jrd.. ~ r , I Members 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", but 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. ~t 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. I i I The precise issue is not resolved in Colorado. As you are aware, :listorically, 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 nave 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, : 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 a7. t!le time of permit applications, have to comply with Chapter 20, and at that time make dedications and satisfy your concerns about l:.se, access, et cetera.. H:Y..,;eY'"er, at this point we have no dcvc'lor;:::ent proposal to 1001: at in term~ of Chapter 20 consider2:tic:-: _. ~:Gt=-(.: 0.1 so, .::. t the tir:'c of perm 1. t submission we should 1-'.2\'e c,,;:)?'~2;:i the new subdivision regulations elimin- atinc ~~2 vX2~~~_2n fc= condo~~n~-i=2tion of previous~platted .... 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, we 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 $200,000.80 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, then, our alternatives at this time are to (1) petition for recategorization, or (2) wait for state- ~;ide legislation reflecting the new Director' s proposal. Changes to the criminal Code - Ordinance 5 The::,-',;; h::s bet:::'; ::-.::::":,,cat"S'd to me a council COTIlll1en-:. qU-22tl.Gf:- i~q tl:t-~ ::,rc;::-ie~':/ 0= :::.:-; _~ ,"" .::::.:..lc.rcn $300.00 for tL::-c'.-,-:"~-':~ 8":- ',- r:::,:L....l..;:. L,::;t ;'..2 r,:ytL:~ i:-..:... -':'2.:-~.iJ." t::-~3.t our court h2.S no j'--~'::-':"":::_~_-=---'=;':'lon over juveniles and we ~~~cr cite them for vicldtions of o~r rnuni=l?~l ordi~~nc0~. 3c~ Dare inportantly, the prchl~i~lon a;3i:-:~,t ~l:~o':;i:-:.~ s""':-:'._-~~21l: is :::1~e2c:~/ i~ ~1:e code c'"':d t1.,? pY8pcsed c~a~a2 1.5 ct~ a~~:.~~o~ of t~e fo:~~~~ng: . C~ ~ischcrq~ a.:1Y l~)o-y-!, r_:1C'''''t~:'...:.r:, '::;~2r'1sp.::'-, 0LI--:, c.J.t3.::,<...:.lt ()~ othe::-:- c~:.~~':'=C II 11embers of the City council -4- February 5, 1975 The $300.00 fine is the maximum fine our court can impose and the amount actually fined is within the discretion of the Municipal Judge. SS/pk cc: Mick Mahoney /) ;~ ?, . .---; Il/ jC 1'0 --.-.. i l , ,. S';'!\,I'rMI':~~'T' O!-' r~v:::r'lPT li.;N FnO~l ~~i!SDIVI~~TON REC!JLATION 'TlEREAS, Section 20-10 (b) of" the A"pen Municipal Codc provides that on receipt of a recommendation from the Planning f:' c'" 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), when, in the judgment of the City Council, such divisiml of land is not within the intent and purpose of said f , t ! t Chapter 20, and WHEREAS, Section 20-l0 further provides that no exemption shall be granted unless a written applic<ltion therefore h<lS been submitted to and considered by the Planning Commission, and the grounds for granting such exemption have been entered in the minutes of the gr<lnting body by motion or resolution duly adopted, and WHEREAS, \UVERVIE~I ASSOCIATES has made written applic- at ion for an excmption under said parceling to permit the con- veyance by the ESTATE OF GERO S. JON GAEVEHNITZ to RIVERSIDE ASSOCIATES of the following d(>scribed parcel, namely: Lots K, Land M of Block ~5, City and Townsite of Aspen, Pitkin Cocnty, Colorado, <lnd WHEREAS, after review, the "spen Pl<lnning Commission did, 'JY motion, rl,commend the exemption of the above desccibed di.visLon of the .l,-tnc. frum the cli,;fin.ition of subdivisio!l uS not within the i.ntc'nrs and purpose's of ChJptC'r 20, ,uld ~I!lEREAS, the Aspen City Council did at its rCljulilr m<ect.- -Ln'J :: -,;<1 .Jd!"'.: i~-,/ _'7, .,11';, ,n:d L' IJt-ll,lt~y l.i~, 1('71'), ;''':o.:l~~iLl\-'r I hi~..:; rC'(-:,c .~ nd,ll- \. ~,,~ 'u .:<," 'n;l1n'~.' t'111, (,I)" cr!(~ ('u;!tl,':llpl.'lI>'d \,lr\~~'l U1<j C! f 1::',.- -', C,'. ; : L ': 1:, : '__:- _ L:: ,; ~, (-.',,.:; 1- does not, at this time, require the utility, access, suitability rt'view cOlllclllpliit:liU by Chdpt\'r 20, clnu (b) tIlL' future cOfl<luminiulll- iZiltioll at: cl fJl""[.lo,;c'd development on lhe site will give tiw City Council adequate review of the suitability and impact of the i_ d<.ev\,lo[.lmcllt of the, tract, and ~. >. , WHEREAS, by motion duly made, seconded and approved, the 'l'IIEREFORE, PUBLIC NOTICE IS HEREBY GIVEN, that the i I f i ~ 1 . ! I exemption was granted by the City Council as requested; division and sale of Lots K, Land M of Block 75, city and Townsite of Asp\en hy 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 ^~pcn Muni0ipal Code and <111 procedural and dedication requirements of said Chapter 20 arc hereby waived with respect thereto. Oat,,: .__~iL2-Y! ,_. _ .._...._ . ) C. ---/ -Stacy StaI)dley III, t.layor .' I ' - ~' ,-"t '-. ' I, Kathryn Hauter, duly appointed and ac~ing City Clerk, do hereby certify that the Aspen City Council did, at its regular meeting held February 10, 1975, by motion duly made, seconded and auoplL'd, exempt till; above-described division of land from tho definition of subdivision pursuant to the provisions of Sectioll 20-1U(b) of the Aspen Municipal Code. l -' I if. .r-, t.),c" .....L '._~J"}"""'~' 'V(L_-<__J..~.-\..,' ________'.._...'.,..._' "t- '" .-----,-- ----,.,,--~-..~ Kathryn llDUl\'r C l t Y C [. de -2- ,~ Regular Meeting Aspen City Council January 27, 1975 ,,,,---~_., ----- --- -----~'--~ 'j- ~ ._- RIVERVIEW SUBDIVISION EXEMPTION Yank Mojo of the Planning Office told Council Riverview Associates was requesting a subdivisio~ exemption. This deals with nine vacant lots of the property of the von Gavernitz Estate. They were requesting to cOl!lc under 20-10(b) of the Hunicipal 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 i'mprovcments on these lots. The zoning / is Office and allows multi-family. In order to condom~nimize that particular project, V 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 j Planning Office were that fragmented development is the best way to go on this piece " 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. II Mojo answered that Riverview Associates was making a very clean record of thp. transaction~ , Councilman Behrendt moved to grant the exemption from the subdivision regulations to Riverview Associates; seconded by Councilwoman Markalunas. Councilman Behrendt pointed out to Council that this was possibly the last chance for the City to purchase this piece of property. Councilman Breasted indicated that he U,' felt things had changed since the last d~scuss~on of thlS particular p~ece of property :1 since the City may be selling another piece of property and get enough money to be I[ able to buy this half block. II 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 ii 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 il,'[ Attorney. Seconded by Councilman Behrendt. jl :1 I' , 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 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 agaiDst the subdivision but wished the opportunity to talk with the City Attorney. Councilmembers Markalunas and Walls opposed; Councilmembers Beh~endt, Breasted, Pedersen ;1 and Mayor Standley in favor, motion carried. 11 RAHEL 0 S!FREDDIES BEER AND WINE LIQUOR APPLICATION II Bob Grueter, representing Ramel's, explained to Council that this was the same corporatio~ as in 1974; that Ramel had failed to file for a renewal, and there had been a transfer i of corporate stock and the Ramel's Corporation was filing a new beer license application with the Council. Mayor Standley asked Grueterif the transfer occurs, what recourse did persons holding bills from the previous corporation have. Grueter replied that all bills were being taken care of, the new Corporation had gone 9ver 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. Councilwoman Pedersen moved to continue the liquor license issue untii the next meeting 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. Councilm,J.n \-1a115 objected to the site being known as the "Pitkin County Solid Waste Center" and asked tlKlt the City of ^sp~n be included in the title. Councilwoman r-\arkalunas asked If the aqrc'---'lllcnt WA'rl2 to be renew..:d .Jnnually. MClyor Standley said it was only effectIve until D,~ccl1\bcr 31, 1~75. I' t"( . ~\' . I;. . , )t"';:.'.-- \ , ',~.. tor. ...~.:":._ '- :, .. ~ ., .. '. --'" .;.c:. '7 ~ )Jf{. . . ,']\'.;t; ,,, '''''i:" PEN hox v CIT January 22 MEMO: To Yank Mojo 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 Dr. Oden, cont'd J Motion P & Z 1/20/75 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. Johnson moved to recommend to Council that a recreation club be included in 0 - Office as a conditional use. Jenkins seconded. All in favor, motion carried. SUBDIVISION -Exempt{on 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. I ~ Motion 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. 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 ~djourned at 7:20 p.m. ~ <Jt' / I; A.~d S~san B. S~th, Deputy City Clerk , .. . HI ) CARRIED lQ.,veRYIeWassociates Richard Meeker First National Bank Building' Box B769 . Aspen, Colo. B1611 . 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 request 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 J{hC4 !1J; iLL t~char~ J.rMeeker RJMcm cc: Yank Mojo, Planning Office lQ,wl\YleWassociates 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 Cl erk 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. Ver.y truly yours, IVERVIEW ASSOCIATES RJMcm encl: " - '. . : . " . '.' .' " .." . AGF<EEMENT " ~, ~,. This agreement entered into ~his l:S~day of ~ WILLIAM WHITE, party of the first part and ALFRED C. :' . ;" . ~ ... " .~ , , 197~; between NICHO!-:SON, IRVING K. WEBER and RICHARD J. MEEKER (to be known as Ri~erview , ,Development Company), parties of the second part is for the expre,s$ 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 part and another,'parcel , 0 of land under a receipt and option purchase contract to parties offttje second , .' part. This correction win involve an exchange of property betwe,~o;,,'the two parties in which neither party will surrender and deed more land "th,;;'" he ' - .,' -.' 0, 'receives. This exchange win be consumated at such time as the p~,r~ies of ~ the'second part own their land in fee and would be accomplished by'to"le grant- . 0 ' . .... ing of a general warranty deed by each party to the other party. :The exchange shan be made no later than August 1, 1973. . ::. ~'. " , , .:....' . .The cost of accomplishing the exchange shall, be shared,equally b~otween the o ' .( ", first and second party. -, o 0 0, 0' ' " The legal description of the two parcels to be exchanged is as folloWs: PARCEL "A" , ..' , ' A tract of land situated in Tracts I and H as shown on a pl~tfiled/ as document Number 112585 Pitkin County Records, being: part of the Jennie V. Lode, USMS Number 5310 depcribed as folJows: ", 0, 0 , .. Beginning at Corner No. 3 Riverside Placer USMs' No. ..... . 3905 AM (1954 Brass Cap in place, ...,.. , ' thence 589 degrees 46' E 25.80 ft., , , " .'~ tlltmCe N75 degrees 09' W 26.66 ft., " :-~ '.. " ....; -. .. '..' , ,,' ,.,. . .,. :,. ..j:, . '0 0 .. ' '. '00 0' .... . .' ,. . I; f' - " .0 , , . I I I ! I ! 1 I ! ; ~ I I . I i /' .. , , J! ,\ ,~ " ! i ! I I .\ I . " ',' . ' " p~.!Je 2 Agreement Whi t~-- Rive rview .. ' ,,' PARCE L "B It A tract of land situate,j in Let 14 Block 1, Riverside Additlon, being part of the Riverside Placer, USMS No. 3905 AM, d~- scribed as follows: " Beginning at a point being 25.80 ft. Sa9 degrees 46' ,e: from Corner No.3 Riverside Placer' USMS No. 3905 ,. ' AM (1954 Brass Cap in place), , . thence 589 de9rees 46' E 26.75 ft., ,', ..' ", . , thence 514 degrees 54' W 6.75 ft., I ", o. thence N75 degrees 09' W 25.88 ft. to the point of :::: beginning, containing 87 square feet, m~re 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 shaU .9r"p.nt " " Parcel "B" to the party of the second part. The party of the seconcl'~a.rt shan grant Parcel "A" to the party of the first part. . , The undersigned hereby agree to the provisions of this agreement. " ' '" . I ~ i , ,. . r I , jl I , II ,i f ~: 'Jl~ 1U ~ u;~ , ',WILLIAM WHITE ALFRED C. NICHOL,.SON . ~ . .', ..... , I .... ", .' . ~ CouDcil, ,..--- 10/29/73, Co~inued ""\ i ~ Hr. 1,dam~] stated he was under the impressiim that there would not be sub- stnntial shuttle operation going in tm-m so it vlaS necessary to plan for the ski busesto enter the dmvntown nrea. CouncihlOman Harkalunas 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 conunittee on buses stated they would have the cost figures within the week on insurance etc. LIQUOR CONSIDERATIONS Paragon Parlour, purchase nnd sale - File "Ias submitted to Council. City - Attorney Stuller stated the Fonn l8E 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 detenuining 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 nrea, Mr. Frank Beri ng 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. It was pointed out the street address should be 423 East Hyman. Councilman DeGregorio moved to Seconded by Councilman Walls. woman Pedersen who voted nay. approve the transfer of liquor license. All in favor with the exception of Council- Motion carried. Pinocchio's, Stock Transfer - Applicant noc present, tabled. ~SUBDIVISION CONSIDERATIONS Caribou Condominium- Subdivision plat and agreement were submitted. Assist- ant planner Donna Baer pointed out the location of South Monark9 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 subdivision agreement und plat with the stipulation that this cc~stitutes full development of the pro- perty and no additional units can be added. Seconded by Councilman Walls. Ns. Baer pointed out the 4% dedication in cash amounts to $4600. Roll call vote - Markalunas aye; carried. J Riverview - White Exemption request ~ Attorney !1cGrath vias prefJent and r;tatec1 the exemption is being rcquer;ted. This involved aneJ:clJ.:mge of hvo pDrc,"'] s of ] and to dear up <l property line di'~erepancy. Coune ilm~~mbers Pedersen nay; BreClsted aye; DeGregorio nay j Walls aye; Behrendt aye; !1ayor Standley, nay. Motion CounciLnan DeGregorio Cuund,lnWl1 Behrendt. moved to approve the exemption. All in favor, motion carried. Seconded by _'L :1iZ ~.h' I~,>>>> ~~ r1Lv7'1~ JZJ ~ /0 C b) ~ AR=~~ /C fiv ~ /J'J<-<'-<;I .kr/~ 0-- ~ "r./'~' j' (I ~ 71 .. . ~,~ ~;LLJ ~ ~~1~~-~ . !_ /~ ~ /tr~ Ii (;V ~,-II . ~ ~ ~~ ~ vZ7A .~ ~' ~i ' A F+ 1 '-/'--cA-Q , ! /~. ~ ',&'~I:...!..-<."(~,, ~ rc~ ------- # ~, 1~1:J ~~ W..Jr :'\~ if"':' ~' l{;_?- \}'\ ~~. /i ,-.. l.AWG......,..-TS DWIGHT K. 51 IEUMMi, J!', ,\ND ,\SSOClATES f'F",\TR OFFICE' I_'\J~' \"LSTl-.I,~ HPH..\L SA\'l~C" !'t;j!J :,v,; :'IS' 171'; STRlFT O,NV;'i~. CULOR,\tXJ ~'{)~(l2 elil)) ?,;Ii.n,', A PROFESSIONAL. C:O,lPO"^TIOr~ TilE WHEEL.ER U;'Ell\ Iloes!:, 1',.1 Be ,x C.} ASPE~, COLORADC: ~Ibl] (30)} S2::;-2710 August, 28, 1973 Sandra M. Stuller City Attorney Ci ty of Aspc'm 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 2.2... ) 972,.in_,C No. 72-11, the Board of Adjustment~,pproved a buildin ermit or a "6 unit multi-family dwelling", V;)' II 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 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 pas 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 t,he adoption of Ordinance 19. Regardless of the foregoing, I have informed Mr. Wendell that the City has an equally arguable position and that in the interest of an expeditious disposit.ion of this matter he should proceed as 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. 1'rue copies of the Statements of Settlement are enclosed. lq~ "-" , .., -..." / 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: ->f l. 4% Mr. Wendell's check in the amount of $4,600, representing of the land value as aforesaid. 2. A Draft Resolution for consideration by the Planning and Zoning COlrunission. 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, 0~?~jJ- Dwight K. Shellman, Jr. for . DWIGHT K. SHELLMAN, JR. & ASSOCIATES, P.C. DKS,Jr,.jcl Encls. ;k (p"uf keo',IN,(J 1"'1"1; 6,/( L'~I (I tft.;;/;".?,"",- /"),<21012- To "}'1/""-"t/.~ '. RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RE: APPLICATION OF GAY \~NDELL, THE O\~ER OF CARIBOU CONDOMINIUMS, LOTS 17, 18, 19 and 20, and part of Lot 16, Block 1, CONNOR'S ADDITION. mIEREAS, 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 entitle~ 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 Condominitillls, 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 vii th 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 . -2- No. SS-GO.7-71 ..-"-. , O [> I r J'" ! j r\ t.~ I l" , i " . "'--, / .ishin;:: Co., IF2"!-~fi St.~ul Strut, Ih,t'ver. c-:.lur1<Cu-: " Stnlrmeol (If Settlement-Uradf" k4:=~".. ,-'-_____ --'_""-:;C_-_'D The l,rintrulhHlion of thi.~ fOlm IIp{lrlWcd h~. thl" Cnlorado I:ca! 1:-.t:>.l(' ("ommi-.si"n (S:;-I;(\.7.,1) J'/. '. .) S'fATBh'fENT OF SE'rrLE!,fENT SELLER'S 0 p.UItS'I!!:..smi.'s IX] :")... J<0 PROPERTY ADDRESS, SELLER GEROLD C. DUNN, JR. South t10narch StreeJ~82.en. Colo. PURCHASEH GAY VlENDELL SETTLEMENT DATE July 10, 1922--- DATE OF PIWRATION Apr; 1 ??nd..-l9.l? LEGAL DESCRIPTION: THE SOUTH 20 FEET OF LOT 18 AND ALL OF LOTS 19 & 20, BLOCK 1, CONNOR I s ADDITON, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. Dehit Crfldit 1, m;1milg;;;i;\~1\X PURCHASE PRI CE: -z.-Deposn;j")ardto-~-Ge mLd.C ~J)uDD-,--Jr. 3. Trust Dectf; pao'able to- PAUL & HANNA WI RTH, A:>pen. Co.1Q. ~Trust Deed, payabfet{j---- ------ -- -~--- ----- ---, 5. Trust Deed, payoff to 6. Interest on Loml As.~umed fr.om.j\pri 1 15 to.Jl.pri 1 22. 1972 7. Titlelns,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 .----J 7.30 16, Certificate of Taxes Due 1 , n t m ~ 7 b v i nc , . i e r. . a 0 e 17. Taxes for PrecedIng Year(s) $--SOD:2TPiiTd-Ha.:i'-,fi,-a-;-r9"72 is.-'faxes forCurrentYear TMontsn&22days~of-$-5DD-:-2:r--- 19. Tax Heserv-e 20, Special 'faxes . 21. Personall'roperty Ta.xes I i~ I -----'13-,-000 00--1 ------- j 1 O->.oOO.pO_~ i _3L1.97-'t-=- _ __5.8)80___ 275.00 -C--- . 22. Hazard Ins. Premo Assumed-Policy No, Co, $ Yr. Term -Expires Premium $ Days Unused at 2~Premium for New Insurance 24. Hazard-Ins, Heserve 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 ileport 31. Appraisal Fee 32. Water and/or Sewer 33. Rents 34, Security Deposits 3~Loan firansfer Fee 86. Loan Payment Due 37. Broker's Fee f per day i~- 155.~~-=_~ ~! -l-~---- ---jf------- -----~ -1t -~ --- 1i 11- g . --- Sub-Tobrs Balance,Jue tolfrom SeliC!' ----'-----'--'--~--------~ Balance due t;,/from Buyer Cashi er scheck 'i'OTAi-:-S ' == --~~_--o=c=~'=c 73 ,OQO.D !lB..286...!92._~ -- ~---->iM--- ~ 11,71",08____ 73'OOO'O~' 73,000100 The above fig:urc3 do not include fialcs or use tuxes on personal property AI'PIWVED and ACCEPTED Purchaser / S!J>IYO'i''t..._..::;;'i:J1 ()~I./__W.f}n.4?:'l.~.J2./Z_,....L GAY liEiii::J,L r', \\ "VY~Y\'Vv/S -11>' r~""Cr.:::J",0_()- ("~!\l \/1 {\ v' f- L\lH'...ljl!l,u(, . ~ .d .-----,::-: IJ;'i! IT"T .-nlP:~l--':1 p -- -- 1.:-.,- --.".{---{ \.. \. x.~ i'J1X:X- Dy_ ht I,rint.-d i,',,,r:;.,rr d.thi~ {urm npllrOH.;t! ~'r the 'l!'lr:llh 1:,,,11;,.\,,1(' ('''l"mj"iull i:-;~-G()-;.,Il ~. / 1F;".! \':::; C.....;,- /" C' _~ '_~-' ,- \,' BOX 67 '. '-~)':, ',';:'>;' I il.SPEN. COLO:~"~'l/6;"r I. ss-c,tL j' ~ i 1 !'!:itoacnt or S'dtJfmtl~t-nr,.dfonl -: ,..!.in:- Co.. IH~.(.(Ij ~\')'Jt Str~ct. f1<.'ovC'r. Cl.I,'rad;J-Z-~:! "........., s'rATEC,lBNT OF SETTLE~mNT SELLEr::S 0 PUllCIL\SEICS Oil :OPEHTY ADDn:cSS 600 Block South r.lonarch Street-,-~2en, Cola, \LLER~l& & HN1NA In RTH \Tl'LEMENT llATILl1~ 25, 1972 PURCHASER-GAY HnWELL DATE OF PIWRATION Mav 20, 1972 WAL DESCRIPTION: All of Lot 16 except the North 10 feet; all of Lot 18 except the South 20 feet; encL,alL_.DL.LD~_BlocJ~ ConnO-.l:s-D.d.cLiti on . ^SDPn Dehit Credit , Selling Price ::-J)eposiCj)il'iH;) Hans of As pen Rea 1 t\'. Trus.l.Acc_Qunt ~rustjSccd;ria)'aGrcto--~ ~---,- -- -:-'i'rust ])c;,d;-p~tY:1:b]c to Trust Dea(l, payoff to '. Interest on LO.1}l AS5UIned -:-'i'ifle Jl1S.~Frei'll~ln $2[~,,6Ltg.Jl_e...Jla i d bL,.$.e 11 e rs '. Abstracting: neforc Sale . AiTcr~S~de ~'itle Ex,un, by Hecor,nng:-W"rranty Deed TrusfJ)eed , Release . Other . Docunlent<u'y Fec Cola, Value DeclaratiQD..J!jJon Recordation ~CCrlifi"c'lTeol'ra"cs 'Utl"'-- :-<i'!,xes f or,l'rcced',i1f:Y 6:11' (s j TaXcgfol'Ctirrelltye:~-rT-nos.+20 d~'1971" Taxes of S 386.12L........ --Tax~nesCl'Ve- ~S'pcciaP:l1axcs ~--- =~f)crsol)ilrPro})Crty T~xcs ~ I ' 1 !l2.J)0.D_..D.D~ r::-::---- !_4_.2DOLQQ~~ ==1 I . Hazard Ins, Prem, Assumed=Poficy No. ::; Yr. Term Expires Premium:;; Days Unused at '. Premium fO-l~'Ne\v Insurance ---rlazard Ins. ilescr\'e ;:--F'lliC1I!ortgage Ins. Assumed .. FHA~1Io):Tgagc Ins. Heservc . Loan Scrvfcc Fee (Duyer) ~ Loan Discount Fcc (Seller) '. IntereslonNewLo;in- Co, , 1 irl-- I i-- I I ----I -- 4 20 I ]1 I I I I I I I , I I -- " 150 ,lL6~__ ---- Ii per day .. ~Survey)i)-J!*v.'xRx~li!cx){;mxl< Nominal share of Surv~y Cost -:-:AppraG"a] Fee ::-Watcr'i,nif)orsewer >, Rents , Seclll'{fy~l)eposits I~~toanfl':insfel' Fee ;:- Loan 'P'lYment Due ;Brokc-l:'S-f~cc 1 00 .~~_ ~-- .. 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A""f:Y' .... <~75"~\Y[7' I l' .?E3{~-- ..;::,~~J:'~"i j...:~ Ii '.,,/, "...., '11';:.1~:" ;)'.<,j ,"'~, "r,A ~(,~ :..,\.,(.,:z.~'\,/6()'" '7 <("2.s.~~.' ~:!~;J.-.' '.:."';:, //1''''\ "," v ,/ 'V' ,,' .:)~\., ~:~4:'~~;~~IAM'-~' ,..' 3 .14 I p'"p~E~:.~i;'~~'/~;~~ ",'/.,' "W b~\J\'\-1 '. 11' "I, : Rt' ~'~\(jr. .... .?-~r:(;I: :' ~ ',at-!0. ",~Il" " .\ . I B...oG~ :1.. l~rvE"R.sIDC :iJ'~ I, , 1111' " 1 ',' .,: \ ,I', j.\' It I ,c . F.IE.L.O NOTES OF 11 ~[)RVC::y' /Y1 A OS" UNOI:': I~ my SU/WIS/oI\IIN NOli. IQ7Z/ ''" " .r " '. z.. . ~--":"-_' I' ",." ~ o . ( " \ l , : ":" o C l'rl" i i " ~ ." ., 1, i ,I ! :1 .:-: :' " ., I I. ,~ : I I i I ! , I (Jl .%\ :)...\ . "Z\. , '. " ,'. l' : AOUIT"....., I ", .... "" , I I I I 'I .' " " I, , .\ I, -:~ " , , .. . ~'JI'~,I ^ .', ' .... LAW OF FleES CLARK, OATES, AUSTIN So MCGRATH THE PROFESSIONAL- BUlL-DING BOX 3707 WIL-L.1AM E.CL-A~K L-EONARO M. OATES RONAL-O O. AUSTIN ..J. NICHOL-AS MCGRATH...JR. ASPEN, COLORA.DO 81611 AREA CODE 303 TELEPHONE 925-2600 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: 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. , , 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 of the 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 -1.: ,!Jfc ~ ( (;y-~~ J. N~c olas McGra , Jr. JNM/lrc cc: Mr. Richard Meeker Mr. William H. White Robert Walsh, Esq. .) (, I' !' . 'I "', I .. , .. , , ,t ! ~, ~ ," , , .:',(, ,./ I ,';\'" " J ( '.' i , L':.' ! , , I -. .r~-~:-' , , , ( , , " f l I, I .' ~ . - , , , I I , ~ . . ........ ^' ,.Cs..B. J".I,f.JC J'lI,I 9li._ N [GERARD H. PCSMnN, CE,HIFY I TH"" T11 I.S FIELD NOTES UNDc r:.:.. " ,., ~ , ,- ",-, .~ ,'... ~ '. -' " . ,~, ., " ..~.~ " " ' ",''; ,'." PL.'T IS PI.QTTl-: 0 FR.Otyl OF 1\ :,1J((vE: y1 MAO~ my SURVI$/ONIN "Nol/.ICfn,' "';'.',1 ., ," ': -:'j'. 'I -: ~ ' ii'"~ "', /f-." v: ~ ' " , , ,.(try i '~ .' l' i ,l ':" . \ . 5 ?5~'~O'l1.7' ~'.- " , ' '., , A.....ey ., II\' ,.~. // '"".,3 . /! I 'I .:; "" ';2.5 .e>O"',' FQur,o' /V. '\ Jq54'G~.AS:j I ' C~p ~/~'lo5 ~M.,' . ' 3 .' I ..' " OJ'. ~~ " ", :'i..\ ';~\. " - ' . I PFlAer:-L'/l;; I ,-~,_. ~ " \ ..... r:,...OGtt,; :/.. Rlvcfl$/DC , :i 1" I , I: 11 '\". ' . ", ',I, .1';', ' '", 'I " ,,1,1,\ " r-,: ". n~ \!~: i, ~ i, '\ "! . . .; I , I -............ , I )4" -..---' " ,". ',. ", '.' t,; j'. .. I " .' .'. :i" .... ~ . . " .,,,. .. AOOlTl(,iV'.': ~ .... '" '\ '\.. " '., .' ~ , ;, /> ':'~ ) I ,< " :::=;__fC':~'~;~_ C. F, ~"t'~~:~~!_..~~'--.:...~____,__~-=- ~e~fu1ar. Meeting .I Nain Hotion ~iverVi cw A8[;oc. - \Vh:i tee Propert.y EX(lil~ption front t:bc j)"f.in:i.ljon of Subdivi[;ioll I"" " -- ' RECORD OF PROCEEDIf~GS 100 Leaves AspE2~~~anning & Z~ming October 16, 1973 Crowley stated that there had been no avalanche activity in the wedge for 80-100 years. Chairman Adams slated 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 \Villard 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 Approv<1l - utiliti~s to be 'brought to the sit,e by easement which does least damage to natural terrain. (6) Language on the plat noting avalanche area. (7) Public trail easement on private road. Hotion seconded by Johnson. All in favor, motion carried. Attorney Nick McGrath was present and submitted a map sbowin~J 1:_110 propo~Jed Jand C}:ch~ln0e. nivC'rv icw i~) build- jncl a conc1cnn.inilllil project <It 1020 E, lIop];jnr; Stn,et illHl wirIhe[; to e)',cJ't'llrw approximately 84 sq. ft. \-lith iln il<1-- jaccnt_ land OI'!lWl." in orclc-r tlwt they may have a sjlllpler and strai'lht"r lot line. _-:J_ t " . F~R"" c.~. '-:G,c~~l 3.~. 8- _L, l~. Regular Heeting r Schottland Agreement r- -- ,~' RECOflD OF PROCEEDIf~GS 100 Leaves As~en P]a~~ing & Zoning October 16, 1973 Hs. Baer stated that the Planning Office had no objec- tions to this proposal. Gillis made a motion to exempt the vlhite Property from the definition of Subdivision, seconded by Johnson. All in favor, motion carried. Bartel submitted to the Commission a copy of the proposed Agreement, and summarized the fOllowing points: (1) sets out for the Corrunission 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 12% 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 wfuich 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 tohe city the right to re?one 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 t,he condition that the first phase uses would still be sub- ject to Ordinance #19, and that the Planning Office could determine if tlw uscs are acceptable I seconded by ~rohJl,;(ln. Johnson thell moved to amond the motion t,(J say th<1t nthi;:; agreement is for the life of Ordinance #19 only". All in favor, with the exception of Gillis, who <1bc;tained. City Attorney SZlnc1ra STuller WclG present and stilted t_I1~lt ~\~~:.-r,-,,~- 1-1"., ,'r,"""1 e.:,--:;nn rnlll(l nnt- clc](!Clnt'C' t.h,-d P()h','l" l(l cr~c C ~ COMMITMENT TO INSURE: ' NO, 046,000, 429-~ .....; SHEET 1 OF 3 ' The Transamerica Title Insurance Company, a California corporation, herein called the Company, for (] valuable cOluid.rotion, hereby commit. to i$Suo its policy or policies of title insurance, os idl9ntified in Schedule A, in favor of the proposed insured nome~(in Schedule A, o. owner Of mortgagee of the estate or interest covered hereby in the land described or r.f.rred to in Schedule A, upon payment of the premium. and chafges therefor; all subiect to the provisions of Sohedules A and B and to the conditions and Itipulations set faith on the r.ver.. h.,eof. The effective dote of this commitment is May 30 ,19 73 at 8:00 A'; M. At which time title was vested in: WILLIAM E. WHITE, Fee Simple ,,' 1. Policies to b. issued: (A) Owners: SCHEDULE A AMOUNT PREMIUM RIVERVIEW ASSOCIATES, a Partnership .' S T.B.D. s T.B.D. . (B) Mo,';O;.: .. S Ii.. S CERTIFICATE OF TAXES.DUE S SURVEY S ADDITIONAL CHARGES (IF ~NY) S 2. Covering the inter.st a. shown above on the real property described as: ,~ . ' I LEGAL DESCRIPl'ION AS SET FOm'H ON ATTACHED SHEET / '. .' " 3. The following ore 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 os on uception under Schedule B of the policy to be issued. Unless o_th"er~ise noted, all documents must be recorded in the office of clerk and recorder of the county in which soid property is located. A purchoser',h cautioned to c1eor with \ the ho.lder of any deed of trust for the terms of assumption and/or acceleration th~reof. . 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" a Partnersblp. . f' '. . !i,'. " ". , .. . ' {;'" SCHEDULE B THE POLICY OR POLICIES TO BE ISSUED HEREUNDER SHALL NOT BE CONSTRUED AS INSURING AGAINS,r" 1. Rights or claims of porties in possession not shown of record, including unrecorded ~aseme"t5. '. 2. OiHreponc:ies, conflicts in boundary lines, shortoge in area, encroachments, or any, other facts which 0 Cof-fect lurveywould disclo.., and which or. not shown by the public: records. .- . . 3. Mechanic', liens, or any riihts ther.to, where no notice of such Iie"s or rights appears of record. ':' . 4. (A) Tox.. and Que..ment. not yet due or poyable and special ou..slments not yet certified to the county "reolur.,', office. . '(B) To... duo ond poyobl. Any and all unpaid taxes and assessments. Tl'ansame a Title Insuranc ~. '1 _,u,_'____,. '. , , " r , '/ " , . " . . ':., ., . . ~ -: . .:"~:.' " .'.~ ": " '~ '. " " , '. . , , " c "I ) .' SCHEDULE B CONTINUED ... COMMITMENT No.46 .000. ~.29 c SHEET ? OF 3 5. Right of the Propr'ietor of a Vein or Lode to extract ana. 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 Unite~ 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 ther~on, resulting from the use of the surface in connection with said res~rved 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. " .... .' : ;. " .' . . , .' , . I. " .' . " i I I :' I' ,I ., . l ' . .' '! ". " - /, \ : " 0.' .. " . .~ ...,. NOTE: EXCEPTION POLICY TO BE ISSUED HEREUNDER. ,', , , WILL NOT APPEAR IN THE MORTGAGE' " / / " \ . ...', ' - , . . .~': " \ , ., . . '" \' . ,. ,. ' " . . " . ..... , ' ~ SHEET ! I I I I I 1 I j '1 I , I I I , , I J ,I I I ,I '----,---,. -- c "'--', ,-/ : ATTACHED TO AND FORMING A PART OF COMMITMENT NO, 46.000.429 C 3 3 .. OF LEGAL DESCRIPTION: A tract of land situated in Lot 14, Block 1, RIVERSID~ 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 ";'10. I .;, t I, , " , , .' . ' .... " ..~ . '.' , ' ".0. . . ' " . /" / ." ';". " ',' .,' " . r . ' , ' . ,- r.. " " 0,,0 . :. ,.~ " .' '. J, .' , .. " , '., . . ::::::i:::~',:::::Q::::::::::::::':~'~l~:k,.,.::,..:::,',:::..:::::::::::::::::::::::.~:::::::::;:,':,'.','.:',.,:.,.,::~:~~~:;~~.:: 'I Tills DEED, Mado this . day of ,1973 between WILLIAM E. WHITE County of of the and State of Colorado, of the first part, and RIVERVIEW ASSOCIATES, a of the County of Partnership and State of , I Colorado, of the second part: " II I ! I I WITNESSETH, That the said part Y of the first part, for and in conaideratlon of the swn of TEN AND NO/100 DOLLARS to the said part . of the first part in hand paid by said part Y of the second part, the receipt whereof la hcreby 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 aecond part, its hein and uaigna for- ever, all the following described lot or parcel of land, aituats, lyinr and belDr in Ihe County of Pitkin and State of Colorado, to wit: I 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 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 thereot', and all the estate, right, title, interest, claim and demand whatsoever ot' the said part y ot 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 th.e second part, its heirs and assigns forever. And the said party of the first part, for hl.Iiel f, h ~s heirs, executors, and administrators, do es covenant, grant, bargain, and agree to and with the .aid part y of the second part, i tsheirs 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 I nature 8oever. except general taxes for 1973, payable in 1974; and subject i,il to United States Patent reservations affecting the subject property recorded June 17, 1949 in Book 175 at Page 246 of I the records of pitkin,County, Colorado. I I I II " Ii I ,I !i Ii II I and the above bargained premises in the qulet and peaceable possession of the said part y of the second part, its heirs and assigns against all and every person or persona lawfully claiming or to claim the whole or any part thereof, the said part y of the first pnrt shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said pnrt Y of the first part has hereunto lOt his hand and seal the day and year first above written. , I =.~=~~-=~~:=:~~=-=-= ) }ss, ...............-....-..--..----..--.......-...... .__(SEAL) WILLIAM E. WHITE .......,......_.............._"..._..,....._.___...._._..._..(SEAL) .-......---:o-...__.-._~ (SEAL) STATE OF COLORADO, Ii 19 , ;1 II II !I Ii County of The foregoing instrument was acknowledged before me this ,by WILLIAM E. WHITE My commission expires day of ,19 . Witness my hand and official leaL .....-..-.-.--..--------.-..-.....-.-....-......-...-...-....- Notar'7 Pu.bU.. , No. 932. WARRANTY DEED_For PlIot..r.phlc a.~rd.-Brad(ord PubllabiDC Co.. 182,"'" S\OuL Sw.et. D.....r. Colorado-U-'l2 - Record,cd a t.....C- ..................o'clock............M.. ...............--..........,..':,,' ,.................................... Reception N 0,..',..,.........,.........,.,......,.... .......".,.....,.....,.......................,...I..,.............._.Record.r. Tms DEED, Made thill day of ,18 7,3 between RIVERVIEW ASSOCIATES, a Partnership CountJ of Pitkin of the and Stete of Colorado, of the flnt pen, and of the WILLIAM E. WHITE CountJ of Pitkin and Stete of Colorado, of the .econd part: WITNESSETH. That the .ald pert Y Of the f\rIt pert, for and In conaIderatlon of the IUDI of TEN AND NO/lOO ' . DOLLARS to the .ald party of the first part In band paid by Bald party of the .eeond part, the receipt whereof fa hereby cOnfused and ackn....ledged, ha s granted, bargained, IOld and conveyed, and hy th... presente do grant, bargain, eel1, convey and confirm, Imto the aid pert Y of the lecond part,his holn and euIpa f_ ever. all the followlnlr doacrlbod lot or par<:ol of land, a1twlte, I7\nlr and belD& iii the County .of and Stete 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, Cor'ner No. 3 Riverside Placer USMS No. 3905 AM (1954 Brass Cap in place), thence S 89 degr.ees 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 an,dllngular the hereditament. and appurtenanc.. thereto belonging. or In anywlae 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 laid part Y of the fint part, either In law or equity. of, In and to the above bargained preml.... with the hereditaments and appurtenan.... TO HAVE AND TO HOLD the .ald premises above bargained and described with the appurtenanc... unto the , said part y of the second part, h;i. s 'heirs and a.slgns forever. And the .ald part Y of the first part. for its sel f i tSheirs, executors. and admlnIstraton. do es covenant. grant, bargain, and agree to and with the .ald party of the second part. his heirs and assign., th!'t at the time of the enseallng and delivery of these presents, ,well .elzed of the premises above conveyed, as of, good. sure, perfect, ablOlute and Indefeasible estate of inheritance, In \aw"In fee almple. and ha S 'good right, full power and \awful authority to grant, bargain. sell and convey the same In manner and form as aforesaid, and that the aame are free and clear from all former and other grants, bargains, sal.., liens, taxes, assessments and encwnbran.... of whatever kind or nature leever. except general tax~s 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 posses.lonof 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 aid part Y of the first part ha S' hereunto lOt their hands andlea1 S theclayandyearfirstabcmlwrlttan. RIVERVIEW ASSOCIATES, a partnersh --.-..-...-.....-.........-......................-...-.--........- ~.l.!.lfrc:har(r'j.:-Meek.er , ._....._.__.__ p~.tj;.n~.l:_ __(SEAL) general (SEAL) (SEAL) -_..........._..._...~.........._..........._._-_.....................'.....--.--- ....--- STATE OF COLORADO, County of Pitkin The forelroinlr lnatrument was ""knowledged before, me thll day of ,by RICHARDJ.' l4EEKER, general partner ,of Riverview Associ", My commlaalon explrel . " . " 19 , . \vltn... my hand and offlcla\ aeal. }s., 19 S --';';"hWi..- " No.932. W.A.llBANTY DBBD.-~.r Phate.,.ph.. a.c.n.-Bndtord PubU.hlq (10,;._111..... StDat.,8v.t. ~ftI'..~-11.tI . ,"0'",., - l~t','{)nlt'(l at."""'" 1, I' N""'" \l.'('('jllOll ! '0........, . ...o'clol'l<.., " M., ,-, ,...... ........ .........Rccordcr. I\:-;o\\' ALl. ME" By THESE PIIESENTS: That, Whereas, WILLIAM E. WHITE of by Deed of Trust 'dated the 16th da)' of December ,1971 , and duly recorded in the office of the County Clerk and Recorder ofthc County of Pi tk in , in the St.~tc of Colorado, on the28th day of, December, 19'71 , in Book 260 at Page 352 ~i{h"1). , u."C1Qtfu~iX ~. 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 aERTHA G. GRUBE the payment of the indebtedness mentioned therein. RECORDER'S STAMP I' II I I I I I AND, WHEREAS, said indebtedness has been partially paid and the purposes of said trust have been partially satisfied. I NOW, THEREFORE, at the request of the legal holder of the indebtedness secured by said Deed I 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 I Public Trustee in said pitkin County, do hereby remise, release and quit-claim unto the i present owner or owners of the property hereinafter described and unto the heirs, successors and ,i assigns of said owner or owners forever, all the right, title and interest which, I, as such II i, Public Trustee have in and to that part and portion of the property, set forth and described in the . I! aforesaid Deed of Trust, described as follows, to wit: Ii A tract of,land situated in Lot 14, Block 1, RIVERSIDE ADDITION, be:lng part of the Riverside Placer USMS No. 3905 A!1, 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; I thence S 14054' W., 6.75 feet; I thence N 75009' W., 25.88 feet, to the Point of Beginning I situate,lying and being in the County of Pitkin and State of Colorado. I TO HAVE AND TO HOLD the same, together with all and singular the privileges and appur- I tcnances thereto belonging forever. And further, that, as to the above described property, the said ! Trust Deed is to be colUlidered as fully and absolutely released, cancelled and forever discharged. Witness my hand and seal thia day of ,19 .........A;.ih~.---.......-p,;i,ii;;;r;;;;;;.i~.;;j,j-..........-c.;;;~;;....;;_..Pi:t'k ~p.L) STATE OF COLORADO, CountY(lf Pitkin rs, The foregoing' instrument was ,acknowledged before me this ' , 1973 ,by HELEN Z O.RDEL ' aa the PubliC Trustee in the said day of County of Pitkin , Colorado. My commission expires Witness my hand and Official seal. u.............._..u.u.................._u...._.u..........._........._................._.................... HoCaI'J' PuWio. To ,the Public Trustee in said County of Pitkin I Please execute this release,- the indebtedness secured by the above mentioned Deed of Trust I having been partially paid and satisfied. I i II 1\ I, ~~~~;;...~.:....~ifu~ifi-b;i,j;.;;i.U;;.i~',j;j,;;.j~;;;;.;.;;~;;..;,.-;;W.h.i.;i.hi:-... *In'countic8 where book and page number. have been abolished. l:lER'l'HA' G. GRUlll> I Ii No. 927. PAnTIA,L IlELEASE OF DERD OF TRUST BY TIlE PUDLlC TUl1STEE. . -Brwtonl Publlahinl' eo.. 182,"," Stout. B""",, Dtn... 0010....0--;1.'1. -, Rt'cordl'(l at. I""" '- .o'clock. . M., /' '" "".J ",..,. ......Recorder. RccC'ption No.___.., - , --~-,._------~----- II Kxow Au. MEN By THESE PRESENTS: That, Whereas, II RIVERVIEW ASSOCIATES, a Partnership, II of 'by Deed of Trust Ii datedthe 5th day of ~ay ,1973, III and duly recorded in the office of the Count.y Clerk and Recorder of t.he County of pitkin ,in the '1'1 73 Stat.e of Colorado, on the 10th day of May , 19 , I, inBook 275 at Page 621 <t:iffi'fW , il r~ti~m, X~ conveyed to the Public Trustee I in said Pitkin County, certain property in said ,I 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 II II II II II II 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 Ii 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 I Public Trustee in said Pi tkin ' County, do hereby remise, release and quit-claim imto 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 si tua ted 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 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 beginnin situate, lying and being in the State of Colorado, 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 ,1973 . .u,.....A;.;;.;u..u....u;;,;;;,i;;~.i~.~;;i,j...m..u.....c.;;;~;;',;i....P.i'fK~S~AL) STATE OF COLORADO, County of Pi tkin }S3' The foregoing instrument was acknowledged before me this , 19 , by Helen Zordel as the :Public Trustee in the said day of County of , Colorado. My commission expires Witness my hand and Official seal. ..... u" n....nn .hUn_ __.... . .._ '_nn....._ _ _.. ......_h __ _ _.... __ _ ......... .n_. - - __u. __ _. _u... __<.on Notaq Public. 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. .nF'J.fJ..9.:r....Qr_uI~J;:.NYg:.Bu.MQJ.n'.QhG!?...:u~.Y.~.$.!.QR~u.m...........m The leya.l holder of the indebtedDEU Me1Ired b7 Mid Deed of Trut. . ~)~ By ~' /' .In counticlJ where book and page numhera have been aba ushedV No. 927. PARTIAL RELEASE 0" DEED OF TRUST BY TUE PUBLIC TRUSTEE. -Bradford Publillbina' Co.. 182.... Stout 8t.ftet. Den...., Oolorado-l.'l8 - ._;.. ,..... \..,.. REGI" TERED r'"' . "- '-.,,/ . u in COLO" NEW MEXICO and U', AI-j SURVEY ENGINEERS, INC. 58;. tember 18, 1973 AIR PHOTO SURVEYS BLDG. WALKER FIELD P,O. BOX 2007 GRAND JUNCTION. COLORADO B 1501 PHONE 303-243-2786 PRINCIPALS: GERARD H. PESMAN. P,E.. L.S. MAX E, MORRIS DAVID W, McBRIDE ElKS BUILDING P.O. BOX 2506 ASPEN. COLORADO 81611 PHONE 303.925.3816 1001 RIVERVIEW DR, GLENWOOD SPRINGS. COLORADO B1601 PHONE 303-945-8233 Mr. J. l~icholas ii.cGrath, Jr. Clark, Oates, hustin & McGrath P.O. Box 3707 Aspen, Coloraco 81611 iJear Sir: dE: rtiverview ~ssociatesl Y;hi te excha.nge I surveyec ,me< h"v8 reviewee< the proposeu exchange of property between .~iverview .:.ssoci3.tes &nu i';illic:.ffi E. Y;hite, ,involVing sJnall parcels in Lot l4, Block 1, .;iversiue ,.;cuition, "nu in Tracts l ana H. (iittachea Survey Lescription.) The proposeu exchange, to my knowlecge, uoes not c~use any encroac~nents of any improvements to occur. .:iincerelJ' , 3UaVEY ~KGIN~1S, INC. / '.~ ..Atlt~LJ IJ) '--/I/o~'-rlt(/l....... Geraru H. Pesman cc ;~iverview ..:'~ssoc. :: ~ .:-~ - , 1(,Q u.,docL '8001<. ~s~ l.:t-I.# -'r~ ~. ;e+ ~ GRAi1T OF EASE~1EWrS THIS GRANT OF EASEi'lEi1TS is made this (p~ay of December, 1973, between RIVERVIEW ASSOCIATES, A general partnership, (hereinafter "RivervieI,oJ"); and the CITY OF ASPEN, STATE OF COLORADO (hereinafter "City): \VITNESSETH, That for good and valuable consideration, piverview hereby grants unto the City, its successors and assigns, perpetual non-exclusive easements ten feet (10") in width for the sole and only purpose of providing a public pedestrian trail through the property described in E~,ibit A hereto, along the Roaring Fork River. This Grant of Easements shall be conditioned upon and Subject to the City's obtaining additional public pedestrian trail easements from the Bureau of Land r1anagement and all other persons necessary to connect the easements herein granted with other easements to create an uninterrupted trail along the river bank of the Roaring Fork River, with access thereto from a public right of way at both extremities. In the event the City is unable to obtain such additional easements within ten (10) years from the date of this Grant of Easements, then these easements 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 described in E}G'1.ibi t "A"). The easements herein granted shall be over, along and across and shall include the following described property situated in the City of Aspen, County of Pitkin" State of Colorado, to-wit: A pedestrian pathway easement, a part of Lots 15 -" 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 544082'E 204.72 ft. from Cor. #3, River- side Placer, (1954 Brass Cap), thence N73002'E 33.29 ft.; thence 1162023'E 65.25 ft.; thence N29050'E 56.34 ft.; thence ~28021"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 HS#5310 and being five (5) feet on both sides of the following described centerline: Beginning at a point being N32037"W 93.97 ft. from Cor. #3 of the Riverside Placer, (1954 Brass Cap), thence S80041'E 150.07 ft.; thence 573047'30" 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, nowinees, grantees and a3signs, and in that event, this Grant of Easements shall be of no further force and effect and the easements herein granted shall revert to the owner, its nominees, grantees and assigns (of the property described in Exhibit A). IN WITNESS WHEREOF, this Grant of Easements has been executed the day and year first above written. RIVERVIEli a Gener -2- -- . . STATE OF COLOR.Z\.DO ) ) ) ss. ) COUNTY OF PITKIN The foregoing instrument was acknowledged before me this day of December, 1973, by RICHARD J. MEEKER, as a Partner of RIVERVIEW ASSOCIATES, a Colorado General Partnership. Witness my hand and official seal. My co~~ission Expires: Notary Public -3- - . , . . 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/'-M) and that part of Tracts "C" "D" "E" "F" 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 75006' 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 89046' West, along said Une 2-3 of the Riverside Placer, a distance of 27 feet, more or less, to a point on Une 2-3 of said JENNIE V. LODE; thence North 15030' East, along said Une 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 68015' West, along said centerline, a distance of 121 feet thence North 85015' 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 14054' West, along said Westerly line; a distance of 214 feet, more or less, to the point of beginning. COUNTY OF PITKIN, STATE OF COLORADO /~ Po I." LEGAL DESCRI:"'''ION CONTINUED PARCEL "B" LOTS D,E, F, BLOCK 25, EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN, and LOT "0" 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 0 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 "0", "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 117005 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' West along Une 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 VJesterly line of Lot 0, Block 25, East Aspen Addition; Thence South 14051' West, 53 feet, more or less, to the Southwest corner of Lot 0, 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 0, 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 A G R E E MEN T Granting Exemption from Subdivision Regulations for Riverview Condomini~~s THIS AGREE!1ENT, made and entered into this An 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 Co~~ission, 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 COTi1J!1ission, and the grounds for granting such exemption have been entered in the nrinutes of the granting body by motion or resolution duly adopted, and :'lHEREAS, the owners of the Ri vervie\1 Condominiuns have clade 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 Comrnission did, at its meeting held on December 4, 1973, grant an exemption from Subdivision Regu- lations to Rivervim,7 Condoliliniums 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 Rivervie\v 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. \VIIEREAS, The City Engineer has requested a change in the legal description of the easement to be granted to the City by the 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 requirer:lents set forth above, that the Riverview CondoilliniuDs 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 i'lHEREAS, the owner agrees to perform all of the require- ments set forth herein which have not been fulfilled. THEREFORE, IN CONSIDERATIOIl of the mutual covenants contained herein, it is agreed as follows: -2- 'y 1.. The owner, its successors, and assigns upon formation shall join any improvenent districts including paving, sidewalk and gutter and storm drainage within which the property lies. This provision shall be placed in the Condominium Declaration and shall be deemed a covenant running with the land. 2. The mvner shall provide by placing a provision in the condominium declaration for maintenance of the dry--,...ells 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'i vision Regulations pursuant to Section 20-10 (c) of the Aspen Hunicipal Code to the owner. IN WITNESS HEREOF, the parties hereto have set their hands and seals on the day and year herein noted. DATED: t1A 1??3 RIVERV EW CONDOMINIUMS ny RIVERVIE,v AS DATED: 'S).or. t.-. l \q 13 THE ASPEN PL,'\ilNIiJG Aim ZOlUIlG COMMISSIOi-l BY ~ _. ~ .....,,~, Ac\ V~ . Cna~rman -3- r-~EcOnr) OJ:- pnOG:'~FD!f\:C~S 10n LC::1_VC:." ~,,___________ .______ _"_""n_____ _____"'___..~__~_"___n""_"_ T~~:-' (1_~:'}"_ (] r -.l:~ ~:' c"t ~!~~L ~___,_~__.-._._.____. _Z~_~~P (~~L~,,_~~!~l_!.i~?_~I_ L ___~~~!1 :i J~~sr" ___ _ ,_.____._____X~c \'~E?_~l~!~~_J~~__,i.~____:_~_~.~")~ j RIVERVIEH CON- DOIHNIUH .. Exemption J H~. Bacr stCJ.ted thut she did have to act within 30 days. ding further information. not believe the Commission would Stated it would be tabled pen- 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~ jeets is concerned. Should develope a method to avoid mis- unc1o.rst:anding. Bartel stated that the 30-day limit is in the Ordinance fIg review specifically, and would check on the preliminary pJat. DelDuca stated that it would be to the benefit of the deveJ- 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 constituLes approval. Bill Dunaway questioned the Commissic:1 as to whether or not, there was any time lbnit on re-application. Chairman Adams sl:ated that the Conunissi on could table the project now, and make a decision within thirty days. Bartel stated that even though it ,is not specifically sp(,l],ed out in the Code, the Commission could table the project, and act on it within eO days. Johnson made a motion to table the consideration of the pro- ject witch the condition that the ConUL1ission act on it with-' in 30 days, seconded by Schiffer. All in favor, motion carried. Ms. Baer stated that this project was requesting subdivision exemption. Hs. Baer submitted U,e following recommendations on the project: (1) E. Hopkins, additional ROW for cul-de-sac per Engineering Dep<1rtment specifications. (2) Agreement to join in future streeet improvcl'lent, 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 (Jistriot. (5) Condominium lilap c,]louJd acLno','lleclgc" i.hat \'wtcr s~)ply has not been verified by Ule City. (6) JncJl1c1Q in h0l[100\\'n8i-s I aSf:;ocj at.ion ilfJrC'C'I!:cnt a rcspon~:; ibi li ty or t,hc .:ls:;ociJ tj on t"o Inon i tor (ll'](1 .' TIl<1intain dry \o/(~lls according t.o an established schedule. ('7) l\grecOlllcnt to join in future dra inar;c improvement di ~,I:riet. Hcm l\ustin, Attorney representing tile' d()vc,loper, sla[c,(I tel,;, I -4- . nLCOFiLi Cf~ F;:C<~r:[I');I}(;S 100 Lea\'us -' ('_I~_'-':,I,,-~-;__:-_-'::':_" I, ,1 -,-- --- ~------- -,-----._--_. - - .._-",-~-------,-,-- '-------,- __'__,__,_,u,______._ _ -------.-,,-------- ----"-- ~---,-- ,1~r:~(:-11-1.;:1 r ._~.J.~~_~-',~.-::~:!2.~L________._u,_._.__~~~:;J'cn r .l_ci lll:l.i 1] (, I.I()]) j_n (:L,__.______~____ DC~~!!1b...:~.1.~_2~..?:: the dcvelolJc:c \'.'ouJ d 0,syrcc:.: to tJ10.SC conditions. DelDucil sLated that tlw t,rail \,}itS constructed with ,the ap- proViLl of Fred \iooden, fonner Assistant Plilnner. Easement that is dcc1icat,cd, is not. wh(~re the trail is constructed. Austin stated that the applicant agrees to adjust the des- cription according to the already constructed trail. Chairman Adams stated t:hat this project is an already-con- structed project. Gillis stated that he was disilppointed in the maintenilnce of the trail, and feels it should be cleaned up. j DelDuca stated thilt: t,he trilil was approved before snowfall. Schiffer questioned if the City Attorney had read the con- dominium declaration. Austin stilted that he felt she would have no objections. Stated that the condominium declaration is ready to be re- corded. DelDuca stated th<1t the Enginece:cing Departm",nt would like to have the easemcmt granted on the plat. Schiffer made a motion to accept this propo<<al, subject to final approvill of the Planning Office and redefinition of the trail easement, seconded by Vagneur. All in favor, motion carried. CONCEP'f 600 - , SUBDIVISION v EXEMPTION Bob Gruet,ter \vas present representing the developer, Ms. Eiler pointed out that Concept 600 was in the same situ- ation as Riverview Cond~niniums. Ms. Baer submitted the following recommendiltions from the Planning Office: (1) An agreement to join in future street improve- ment district. (2) Pedestrian casement from Main Street along wes- tern boundary and vacatod Hunter Avenue. (3) Condomonium map should acknowledge that water supply has not been verified by the City. (4) Implementation of an approved drainage pl<1n; il 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 <1C)reed to post a $1,000.00 bond for the dry well. DelDuca questioned if th~ City had the rigllt to go onto the property. Hs. Baer st-ated taht: they eou] d put that ill tho <JCjJ"('C'mC'nt, Gillir; ITlC-!de a moLion to approvc~, subject Co the rC:CO)I!lnl.-~n"~ -5- . , ~~ '- GR1\NT OF TI}1\lI~ EASEMENT i',\' T!':,.:~, I it::. ':~.;; TIl!\'J'. Holdn }hdllY, lh.- (;1' !l)"j" it;'!"";:I. ill \"'!l::i:i, l;,Liol! cd' lIPPl'oval IIY t1H' City or ,"I:';P":I 1'1;;llllil'~'; ~t:1d Zl):lin,,!~ ('(ll:~I,ti:c;....;j(ln IIIHll'I' Ol'dinane<' 1$1, SPI~i<.'s pI' J!17::, dIH':-; hl~I'I'by !-!:r'anl. i!(~ll1i,se uud convey to the Cit.y of Aspen. Colorado, a Munic,jpal Corporation, its successors and assigns forever, a perpetual CaBCllJent over, across and throu~h the following de~~eri,bed reHl estate for the use and purpose of a trail casement (motori:?ed vehicles excepttd) for the benefit of tlw public, said e<.l~:;enl('llt bping ten (10) feet in width from the n;,t;ul"a] waterJ in<! of the \','c~terly bank of the Roari_ng Forl< l1iVf'l" situ:..le within thl-: ht~r(>in lk'}jcrjhed rea] prOp0rty: A pureel of Jand hein~_~ p:lJ~t of Lots Rand S, Block ::\3, East. Aspen J\ddition aud part of Lots 6 and 7. Block 5, Rivpr,sidc Addition. Said parcel is more fully described as follows: I3(~r.illnillg at a poi.nt (being the Southwest cornc}' of said Lot R); thence North ].40 50' 19" fast 49.50 feet along the Westerly line of said Lot R; thence South 750 09' Ii" East 60.00 feet; thence South G3() ,19' OS" East 7;-1. 11 feet to the c0.ntcr line of the Roaring Fork nivcr; thence South SO 15' 57" East 38.20 feet alonf~ tl)e center line of the Roaring Fork River; thence North 75'- 09' 1111 West 146.68 feet along the southerly line of said Lots 7, 6, Sand R to tile point of beginning. Said parcel contains 6267 square feet marc 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- stitutc for this instrument nnd at the City's election. a trail easement ';d.th boundaries defined with particularity equal to that of the adjoi.ning landowners. It is the intenti.on of this provision to ~uaranty the continuity of an implemented trail s~'st('Il1, and to thi:-:; end th_ls paragraph shall be construed. I:~ WIT~ESS WlIEHEOF. the Grantor herein has her(-~unto set. his hand this lGth (by or T\pri] " 197-1. ~\'<\ '1/ CC u b~ k '\ ) C; I H ( '--.! , -+- X I /\ (i i ,)", / l' I '-fl" . 1 ',"", ,/<1,., jill" \ 'I' , ., ,1.-/' .>i-j i:..:, i II \:..III~\' "'-' J '( ..' \ '! I ! I j -, '-' dj ~Il^N.!..J2r-:-"!.Il^ II, ,Y.M~l'::"I':'IT KNOW AT,I. MEN 'I;Y TIlJ-:SE PHl,:SI':NTS 1'111\'1', 1):l1(~ Euhank, till' GI":lIll.ol" tH'I'('ill, ju Cl)ll;,;idt'l':tt.ioll tlf apP,'oval by th(~ City of ^SjH'1l Planning and Znn.in?; COlllrrli.ssioll und('I' Onlinan('f' lD, Sr'rins or 1~17:), clops IIPl'cby grant, (h~miHe and convey to the Cjty of Aspen, Colorado, a Municipal Corporation, itH successors and assigns forever, a p0rpetual casement over, across and throug-h 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 noarin~ Fork River situate within the herein described real property: ^ parcel of Innd being part of Lots It and S, Dlock 33, East :\~;P('ll 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 Northwest corn(~r 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 ltiver; thence South SO 15' 57'1 East 70.53 feet along the center line of the Roaring Fork River; thence North 630 49' OS" 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' 49" East 50.50 fect along the Westerly line of said Lot R to the point of beginning. Said parcel contains 6267 square feet more or less. PHOVIDED HOWEVER. that in the even t the C1 ty shall estab 1 i S11 a trail system of which the above easement shall constitute a part, the gra!ltor agrees to provide, a~ a substitute for this instrunlcnt and at tile City's elccti()n, a t1':\i1 casement with h0undaries dcfilled with particularity equal to that of the adjoinin~~ landowners. It is the intention of this provision to guaranty the contlnuity of an implemented trail system, and to this end this paragraph shall be construed. IN WITNESS WHEREOF. the Grantor herein has hereunto set his '~'~!1d thi'~ .lClt:1. ;.';::\, or __,_J\p['j) , 1!17."l. (; ~ "-'-/1 {;/ _YJrt. ,'" wJ--: ,//;,_ nail' Etlb:lIl!,5"" ~ '" ELLIOTT ROBINSON (619)564-1632 Jul. 17. 1991 03:38 PM ~rr"'" '~1StJ ~ .t~oo lyJ~O;J I' ! P/RI~I-il~t~.; \ 0 E P'l P01 , From ~ tOi--l105'1 -::J;4.^I, .<:;~' .~~II1." ',' . t"".~' 4:.., ',. " ,,,,., ~-") '" ~, ~~,'\ '".' .:~~~'~":~!,\,.... ~ '. ..},:.". ~.;~.,~.~~)" . -..r . : '. '", \,," ."" f"" "~'''''''' ....,..' , " ;;I"'1:i:;;;:!;:.\hf:(~i::J<r/}:v '.,' " .\~;;,~~Lt~tlt"~ii l"'.T-ij;i~:ntj!!i~}'l~; ,. .,..- " , ./<' ~~~"i~' :~:':',< I' :' ';~~~lt':~..~~\~tl:i ~~: 01(".., ~ ,d..,.....-' ~..'::.. ,": i...';.~~~7..~11,1~:~~'I~i..~ . '.\ l..,~~' ~ .".1...\.,.~i1I;i'.t.. ,,',' ... ..~., {f:~.": ..:~ ':i;~ ,~:~:,' "r-rt:;,<\~_~~',,;i:..'" ':::. . {..'..' , . "'\,.' '10\""'< ' , .,;:'\~' ' , : '+,J, -;j >>.: f,>> : :., :,." ,.. '--"---l~ . ) , ( ....: .:f.'i ~ "'.1 ~. -- - - ~. ".:' ':".-;-- "':;''n~''':I:'r..~1j~, , '~'i';';)"'~l"l. ."", /.....:y.::.~~~..::t, R 'V e Q. 5' OB c:.ua-O\\1"'.'., f.. . ,Y.., BLOCt<-. \ , ; ,,~ .,,,}~:.~. \~i . 'Nau.".e.,.,OH ",.",.......~ " '~' ,t ,.." )-"/1' " ..... _ a'-f ",,,~'W c.u.....yOM,.lt .l' '.,W:', ~ 0... ..&........' ..,.,", ....1/. '. '_':'" . ~....~.." ,);>-.;::..'t,.. 1oOI.._ lou, _....~..::~~~,y_ "". ,".":t' I~" c't,[../'.J' . ~olf=--"i1."";::.::: ~.::'1'':'i1J;l.._ '{ '">?~':':'.~~i,.:. ':., ~":.'_~::.,....u:_..---........... :". ~'~I ,Iii. : ':':. 4....-..~\-~~ ':',','., 1.'i'"E,ti~~.:'l~~i~.._'l~~.:t. ' ~.::::.;':.~~.r-::...~.-::'... .......... t>>/'. . ,. ~~- ._... rf.' ~ ~..,,. '.". ... ...-- - .......-., c....-.,o; ......-.. t. ...... _ ..... 0-. 0....."1-... ... ~-....-..- f.:l'.'Al-.?i" ~IU..':...e:.,....-- ......~, .__._ ...-:,....w "'1; ... __.... _" "6" ~~..:.::.__'. M~..... "" / . --c;...':I..,.'t _.. ..~-.. ~=-.- ......:..,"fI!;:J. ,"-__...a.. .._ ~~~~rr--'-.- -_..~~=_._- " ,y " .' , I', . L' . .. . "" ,:"..~'.':.."-..;I " ,', ' ,..."... J ,,! ''''-.....~'::::~..,.'l .j;,;" ~'7" . l .'"'...,..-..-'--,, .,: .:..t,;~':-:..' .'1 . '1 ,:.:.:._..:...___:J . ~ .f' "~' 'I r ' ~. . '" ..:.\~'.. . ., ( . ( - - .-. -.. ~ .' . 11."-' .......... -......--, i \ .....- \ .'~ WIDt !Itio""..;oa. ...~ -~\ '-\ :-. ~ .r'1'\\-\~ I . " )... ~ \" ~, .. /\ i ,/o. / .. ,\ >it .: .::..,~ . '~'-"-.".- ~.~ Ii.;"" .--' -,... '(..,', ~ i , , , ....-. . .'- . ') 0( ~ _I. o t nt' " \ . '--, I 1.(.1._. \ '< " . . ...-. I I, >, , . ...~... : . to.~, \, ! - --' - -,. \. . V", :'. "',: ...I!>' .1 '. '... . ... .'.. - . ._' ~.. oJ (, t- .. \ "- " ..... ! aa'-- It '....., \ " .-' . to:.~~ ., 1 .......~ t ,I," . , 1'\ . , -01.._ -. "/,' .~~~~.~.,:_",\ i'""'-' ..... LAW OF FleES CLARK, OATES, AUSTIN So MCGRATH 600 EAST HOPKINS STREET BOX 3707 WIL-LlAM E.CLAFlK L-EONAFlD M. OATES RONAL-D D. AUSTIN ..J. NICHOLAS McGRATH,JR. WIL-LIAM R.JORDAN m ASPEN,COLORADO 81611 November 28, 1973 AREA CODE 303 TEL-EPHONE 925-2600 Mr. Jim Adams, Chairman City of Aspen Planning and Zoning Commission Aspen, Colorado 81611 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 OIlIG/NAL s' RONALD I., Attorney ~O~~'APPlicant Riverview Associates, a general partnership RDA:eml