HomeMy WebLinkAboutcoa.lu.ex.Sierra-Vista-JV.Lot31,W.Aspen.Subd.1979
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Recorded 3:25 PM' ember 29 1979 Reception#
Loretta Banner Pit'R"in County Recorder
Jj:}
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aook 379 rM~ 950
219900
STATEMENT OF EXEMPTION FROM THE
DEFINITION OF SUBDIVISION
WHEREAS, the provisions of Section 20-19(b) of the
Aspen Municipal Code provide that, following receipt of a
recommendation from the Planning Commission, the City Council
may exempt a particular division of land from the definition of
a subdivision set forth in Section 20-3(s) of the Code, when, in
the judgment of the City Council, such division of land is not
within the intent and purpose of subdivision regulation, and
WHEREAS, pursuant to said Section 20-19(b), the
SIERRA VISTA JOINT VENTURE has requested such an exemption for
the condominiumization of a single-family residence as and when
a second living unit is thereto added on the real property known
and described as:
Lot 31, West Aspen Subdivision
Filing No. 1
Pitkin County, Colorado
WHEREAS, the Aspen Planning and Zoning Commission, at
its meeting held ~~ ~ , 1979, recommended approval
of such request, and
WHEREAS, the City Council has determined that the
proposed condominiumization is not within the intents and
purposes of subdivision regulation,
THEREFORE, the Aspen City Council, pursuant to the
authority granted in Section 20-19(b) of the Aspen Municipal
Code, does hereby determine and declare that the proposed
condominiumization of the property above-described is without
the intents and purposes of Chapter 20 of the Aspen Municipal
code and does hereby waive the enforcement of the City
subdivision regulation with respect thereto subject only to
the notice and option provisions and the provisions regarding
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aooK3W PAGE951
minimum six month lease terms set forth in Section 20-22 of the
Aspen Municipal Code and to the condition that the applicants
agree to an agreement to join a curb, gutter and sidewalk
I
,
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improvement district.
Done thiS/~ day of ~
, 1979, by
teh Aspen City Council at its regular meeting held on ,said date.
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ATTEST:
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STATE OF COLORADO
ss.
COUNTY OF PITKIN
me this
The foregoing
:)1~ day of
, 1979, by HERMMl EDEL
instrument was duly acknowledged before
~
and KATHRYN S. KOCH, personally known to me to be Miil'9'e;r: ),3.ng."."
.' (). .....yo ~/~_
City Clerk of the City of Aspen, Colorado. WitnessmY8~?~~\
; --:..... ,,-<~:) .~:;
and official seal. : -('./, c,,_ (Y : t) ~
.~;, " Vi !l "~l j
-:.< .....'-.; I, .:;
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Notary P ic
My commission expires: D~ /1l j'18:2-
-2-
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COVENANTS
BOOK 379 PAGE 952
5~~ Jlto';i JOt;"! JIe"k~
(covenantor), for himself, his heirs,
executors, administrators, and assigns hereby covenants with the
City of Aspen, pitkin County, Colorado, that:
1. He is the owner of the fOllowing described property
together with the improvements thereon:
Lot 31, West Aspen Subdivision
Filing No.1
Pitkin County, Colorado
2. The above-described property shall, if it is rented,
be restricted to six (6) month minimum leases with no more than
two (2) shorter tenancies in any calendar year.
3. The covenant contained herein may be changed,
modified or amended by the recording of a written instrument
signed by the record owners of the property and the Mayor of
the City of Aspen pursuant to a vote taken by the City Council.
4. The covenant contained herein is to run with the
land and shall be binding on all parties and all persons claiming
under them for a period of fifty (50) years from the date this
covenant is recorded, after which time, the covenant herein
contained shall be automatically extended for successive periods
of ten (10) years, unless an instrument signed by the record
owners of the property and the Mayor of the City of Aspen pur-
suant to a vote taken by the City Council has been recorded
which changes said covenant, in whole or in part or which re-
leases the same.
IN WITNESS WHEREOF,
executed this .;21 Kl'day of
this Declaration has been duly
tCcA 6e-2-
, 19.rt.
STATE OF COLORADO
X
'f..
ss.
County of pitkin
The foregoing instrument was acknowledged before me 'this
';;9 ')Pday of ~ , 19;Jf , by Q0.:~O;O.:l.,.,;l
Cr~?'Y e. <L L~ 5. 5C'kSlo/---:" c:a~ ~. C'~;:;,' ?::Q;? ~
. -t:" -\.\... 0" - l..)
Witness my hand and official seal.",~.' v';:,,,,~! .:
98"/' -..,
, " Expires AIIril zo. 1 ..' "'., ..,' "
My commission expJ.res: My Commission ' ';'''''' ",.....-:.
.....//7/' _ 7'" / '. ',,".:i.Hl \ \'
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Notary Public '
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Richard Grice, Planning Office
RE: Sierra Vista Joint Venture - Subdivision Exemption
DATE: August 16, 1979
The attached application requests subdivision exemption for condominiumization
of a single family residence which is soon to have a second unit added to it. The
property is located in the West Aspen Subdivision at 1445 Sierra Vista Drive and
where the zoning is R-15. Duplexes are allowed by right in this zone. Up until
June 30, 1979, the existing unit was occupied by Mr. and Mrs. Ronald Windemuller.
The property was leased to the Windemullers for $1,000 per month plus utilities
with the property unfurnished.
The application was referred to the City Engineering Department. The
City Engineering Department has recommended approval with conditions. Their
complete comments are attached for your review.
Ron Stock, City Attorney, has reviewed the application and recommends
approval of the exemption request subject to the six month minimum lease
provisions and notice and option provisions of Section 20-22 of the Aspen
Municipal Code. "Like the Valley Subdivision Exemption, it is possible that
the Planning and Zoning Commission and Council may determine that this housing
is part of the low, moderate and middle income housing pool. I recommend you
give the facts of the rental terms to them so they can decide factually whether
to require price limitations on the property."
The unit which was previously occupied by the Windemullers contains in
excess of 3,000 square feet. Therefore, the historic rental price has definitely
fallen within the low to middle income housing pool, We believe that what Ron
Stock was saying in his comments was that there is some question in his mind
whether a $1,000 per month single family unit does, indeed, fall within the low
to middle income housing pool regardless of its rental price per square foot.
For this reason the Planning Office has no recommendation in this matter and we
defer to your judgment.
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, ,
M E M 0 R ~ N DUM
TO:
RICHARD GRICE, PLANNING OFFICE
LOUIS BUETTNER, CITY SURVEY~
FROM:
DATE: July 13, 1979
RE: Sierra Vista Joint Venture -
Lot 31, West Aspen Subdivision, Filing 1
In reviewing this application for subdivision exemption I have the fol-
lowing comments:
1) The location of the existing structure was omitted from this last plat
submission. The original submission, namely the "Improvement Location
Certificate," if made part of the new application, cleared up the
location making this of little concern,
2) The ne~ construction shown includes the existing garage. The parking
will need to be addressed before the new construction is undertaken,
3) The new construction,also as shown on this plat, projects into the
property convenant building setback area. Enforcement of the property
covenant is not the responsibility of the City, The City should not
and does not condone this action, and we should go on record at this
time.
The engineering department can recommend approval of this application
at this time with the following conditions:
1) The property owner agrees tc an agreement to join a curb, gutter, and
sidewalk improvement district. This agreement should be the kind that
binds the following property owners,
2) The parking problem is addressed.
~
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APPLICATION FOR EXEMPTION
Pursuant to Section 20-19 of Chapter 20 of the
Municipal Code of the City of Aspen, Sierra Vista Joint
Venture, a Colorado Partnership, hereby applies for an ex-
emption from the definition of the term "Subdivision" with
respect to the real property described as:
Lot 31, Filing 1, West Aspen Subdivision
City of Aspen
Pitkin County, Colorado
The applicants submit that the exemption in this case
would be appropriate.
The application involves the subdivision of a
proposed duplex remodel, work to commence this summer. The
owners of the property will have a common interest in the
land, and there will be a condominium declaration and a use
maintenance agreement applicable to the property and does
not in any way increase the land use impact of that pro-
perty since a duplex is permitted on an existing R-15 lot.
The applicants submit that such an exemption in the instant
case would not conflict with the intent and purpose of
the subdivision regulations which are directed to assist,
among other things, orderly, efficient and integrated
development of the City of Aspen; to insure the proper
distribution of population; to coodinate the need for public
services; and to encourage well-planned subdivision. They
are directed to considerations of subdivision design and
improvements and to restrict such building where it is in-
appropriate after considering its land use impact.
The density would not effect the prevailing con-
templated or desired population density on this property.
Also, duplexes and duplex subdivision exemptions are not
affected by the administrative review required prior to
the adoption of the city's growth management plan.
We would greatly appreciate your consideration of
this matter at your next regular meeting.
The Sierra Vista Partners:
~~~1 J~-&,,~1';;~ II/I
Gregdry R: Schasiepen .~
]Z-1-u0 ~dtC.Ic.e~ ~ -I
Linda S. Schasiepen '
Interwestlne Thp ~urant Mall 710 EastDurant Street Aspen Cc
do81611 USA 3J3/925-2772
May 11, 1979
TO:
Planning and Zoning Commission
City Council
Aspen, Colorado
FROM:
Radine F. Simpson
Project Coordinator
Sierra vista Joint Venture
Iii
RE:
Application for Subdivision
niumization, Lot 31, Filing
Exemption fori
1, West Asperj
Condomi-
Subdivision
Enclosed herewith is the application forSubdivi-
sion Exemption by the Sierra vista Partners for the above
referenced property presently under contract to applicants.
COPIES
3
3
3
1
3
Applications for exemption
Site plans designating party wall
Improvement surveys wi existing
footprint
Copy preliminary plans
Title insurance of present owners
Intention of Project: An existing single family
residence is to be remodeled into a condominiumized duplex.
The project is creating permanent housing rather than
changing its present rental use, a lease for which terminates
on June 30, 1979, before closing on property purchase.
Effect on Density: The existing house sits on a
legally zoned duplex lot. This project will be constructed
along the guide lines of city codes and ordinances, as well
as covenants and restrictions imposed by the West Aspen
subdivision Homeowners Association.
Sale of units after Remodel: The Schasi
ners in the Sierra vista Joint Venture, will purch
unit as their primary residence at cost plus 5%.
will apply their share of the revenue from the sal
the remaining unit to their purchase in order to q
for a loan in their income bracket. The new unit,
will carry the major portion of the financial burd
project,will be sold at market value.
pens, part-
se one
hey
of
alify
which
n of the
By providing housing for two employees, the
assistant director of the Aspen Athletic Club and the
dental assistant for Dr. Richard Schmatter, the project
will provide the opportunity for locals to find
permanent residential housing at the expense of a
financially stronger party.
On behalf of the Sierra vista Partners, I
hope that you will review this application favorably,
and we appreciate your time and consideration.
Sincerely yours,
/?~ 1-~~~
Radine F. Simpson
RFS/mm
Enclosures
Iii
InIerwesIlnc The . 'ant Mall 710 EastDurant Street Aspen Col
1081611 USA
3~3/925'2772
May 23, 1979
To:
Richard Grice
Planning Department
City of Aspen, Colorado
From:
Radine F. Simpson
Project Co-ordinator
Sierra Vista Joint Venture
I
a~PlicatiOO
!
!
The present tenants, Mr. & Mrs. Ronald WindemUller,~.o. Box
679, Aspen, Colorado 81611 have resided at 1445 Sie ra
Vista Drive since September 1, 1977; their lease te inates
on June 30, 1979. The rental terms have been $1,000 per
month, plus utilities, house unfurnished.
Re:
Rental information
Subdivision Exemption for condominiumization
Lot 31, Filing 1, West Aspen subdivision
Mr. Windemuller, CLU, is self-employed as an indepe dent
insurance agent, representing Northwest Mutual Life
Insurance Company. The home was owner occupied unt'l the
Windemullers.
Sincerely yours,
.j iZ.' '-;I / . /
:A".~ /'<..---'7,~
Radine Fernandez Simpson
RFS/mm
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DEED COVENANT5
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LAW OFFICES
OATES, AUSTIN, MCGRATH & ,JORDAN
600 EAST HOPKINS AVENUE
ASPEN, COLORADO 81611
LEONARD M. OATES
RONALD D. AUSTI N
J. NICHOLAS MCGRATH, JR.
WILLIAM R. JORDAN III
ROBERT W. HUGHES
August 20, 1979
AREA CODE 303
TELEPHONE 925-2600
RICHARD A. KNEZEVICH
.JAMES R. TRUE
HAND-DELIVERY
City Council
City of Aspen
130 S. Galena
Aspen, Colorado
Planning & Zoning Commission
City of Aspen
130 S. Galena Street
Aspen, Colorado 81611
Aspen/Pitkin Planning Office
130 S. Galena
Aspen, Colorado 81611
RE: Sierra vista Joint Venture
Application for Subdivision
Exemption, Lot 13, West Aspen
Subdivision, Filing No. 1
Ladies and Gentlemen:
We represent the Sierra vista Joint Venture, which
has applied for an exemption from the definition of a subdivision
(Section 20-19 of the City Code) in connection with the addition
of a second unit to its single-family residence located on the
above-referenced property, and the condominiumization of the
resulting duplex. A building permit to construct the additional
unit has already been obtained from the Building Department.
of this year
property for
unoccupied.
Windemuller,
The applicant acquired the property in the Spring
from Charles and Pamalyn Hopkins, who had owned the
several years. At the present time the property is
In June of 1979, the tenancy of Mr. and Mrs. Ronald
who had occupied the premises since September of 1977,
"'1---"
OATES, AUSTIN, MCGRATH 8. .JORDAN
City Council, Planning & Zoning
Commission and Aspen/Pitkin
Planning Office
August 20, 1979
Page 2.
concluded, and the property has not been since rented. The
Windemullers paid rent in the monthly sum of $1,000.00, exclusive
of utility costs for the home, which contains five bedrooms and
is approximately 3,000 square feet in area. Mr. Windemuller is
a self-employed, independent insurance agent, representing
Northwest Mutual Life and Insurance Company. He and his wife
have since relocated in this area.
Prior to the Windemuller's occupancy, the home was
occupied exclusively by the Hopkins, who, investigating out of
state business opportunities, sought out the Windemullers, whom
they knew, to occupy the home and protect their investment in it
in their absence pending these business opportunities, with the
understanding that should they return to the Aspen area the
Windemullers would vacate. Needless to say, the Hopkins chose
to remain out of sate and, having no further need of the home,
sold it to the applicant.
The applicant believes that condominiumization will
have no impact upon the supply of low, moderate or middle income
housing in the area and that, hence, the sales and rental price
restrictions contemplated by section 20-22 of the City Code ought
not to apply to its project. Obviously, concerns with respect to
tenant displacement and reduction in the supply of low, moderate
and middle income housing simply do not exist with respect to the
newer unit proposed for construction. Nor can condominiumization
of the older existing unit fairly be characterized as affecting
the inventory of this housing.
The Windemullers, of course, were not required
involuntarily to move but, rather, left the premises at the
natural expiration of their tenancy. They encountered no difficul-
ties in relocating and, in any event, although we do not have direct
information, we dare say that their economic station was well beyond
that which has caused the City's justifiable concern over housing
displacement of persons of more limited means. Moreover, the plain
fact of the matter remains that the Windemullers had paid a monthly
rent substantially in excess of the guidelines for low, moderate
or middle income housing which the City in the past has employed
in evaluating condominium conversions; and in the circumstances, we
suggest, it would be inappropriate to suppose that this unit was
'I
.
OATES, AUSTIN, MCGRATH a JORDAN
City Council, Planning & Zoning
Commission and Aspen/Pitkin
Planning Office
August 20, 1979
Page 3.
ever within the supply of this housing. This, we believe, is
especially so given the rather unique circumstances that attended
the Windemullers' occupancy in the first place, which, in light
of the size of the home, the rent paid, their relationship to and
the then circumstances of the Hopkins, might well warrant character-
ization of the Windemullers' occupancy as of the house sitting
variety. In short, in a very real sense, the house has never truly
been placed on the open rental market at all -- much less the low,
moderate and middle income rental market.
Needless to say, we will be happy to respond to
any questions you may have. Thank you for your time and considera-
tion.
Sincerely,
By'
~,
Hughes
OATES, AUSTIN, McG
RWH:rld
'I
~. .,~
.,/
LAW OFFICES
OATES, AUSTIN, MCGRATH & ..JORDAN
600 EAST HOPKINS Av<:rJUE
ASPEN. COLORADO 81611
LSONARD MOATES
RONALD D. AUSTlI\:
..J. NICHOLAS MCGRATH, ..JR.
WilLIAM R. ..JORDAN D1
August 20, 1979
R09r:~r w. HUGIIES
RICrlARD A- KNEZEVICH
..JAMES R. TRUE
AREA CODE 303
TELEPHONE 925-2600
HAND-DELIVERY
City Council
City of Aspen
130 S. Galena
Aspen, Colorado
Planning & Zoning Commission
City of Aspen
130 S. Galena Street
Aspen, Colorado 81611
Aspen/Pitkin Planning Office
130 S. Galena
Aspen, Colorado 81611
RE: Sierra Vista Joint Venture
Application for Subdivision
Exemption, Lot 13, West Aspen
Subdivision, Filing No. 1
Ladies and Gentlemen:
We represent the Sierra vista Joint Venture, which
has applied for an exemption from the definition of a subdivision
(Section 20-19 of the City Code) in connection with the addition
of a second unit to its single-family residence located on the
above-referenced property, and the condominiumization of the
resulting duplex. A building permit to construct the additional
unit has already been obtained from the Building Department.
of this year
property for
unoccupied.
Windemuller,
The applicant acquired the property in the Spring
from Charles and Pamalyn Hopkins, who had owned the
several years. At the present time the property is
In June of 1979, the tenancy of Mr. and Mrs. Ronald
who had occupied the premises since September of 1977,
....'..'.
~~
OATES, AUSTIN, MCGRATH & cJORDAN
City Council, Planning & Zoning
Commission and Aspen/Pitkin
Planning Office
August 20, 1979
Page 2.
concluded, and the property has not been since rented. The
Windemullers paid rent in the monthly sum of $1,000.00, exclusive
of utility costs for the home, which contains five bedrooms and
is approximately 3,000 square feet in area. Mr. Windemuller is
a self-employed, independent insurance agent, representing
Northwest Mutual Life and Insurance Company. He and his wife
have since relocated in this area.
Prior to the Windemuller's occupancy, the home was
occupied exclusively by the Hopkins, who, investigating out of
state business opportunities, sought out the Windemullers, whom
they knew, to occupy the home and protect their investment in it
in their absence pending these business opportunities, with the
understanding that should they return to the Aspen area the
Windemullers would vacate. Needless to say, the Hopkins chose
to remain out of sate and, having no further need of the home,
sold it to the applicant.
The applicant believes that condominiumization will
have no impact upon the supply of low, moderate or middle income
housing in the area and that, hence, the sales and rental price
restrictions contemplated by Section 20-22 of the City Code ought
not to apply to its project. Obviously, concerns with respect to
tenant displacement and reduction in the supply of low, moderate
and middle income housing simply do not exist with respect to the
newer unit proposed for construction. Nor can condominiumization
of the older existing unit fairly be characterized as affecting
the inventory of this housing.
The Windemullers, of course, were not required
involuntarily to move but, rather, left the premises at the
natural expiration of their tenancy. They encountered no difficul-
ties in relocating and, in any event, although we do not have direct
information, we daresay that their economic station was well beyond
that which has caused the City's justifiable concern over housing
displacement of persons of more limited means. Moreover, the plain
fact of the matter remains that the Windemullers had paid a monthly
rent substantially in excess of the guidelines for low, moderate
or middle income housing which the City in the past has employed
in evaluating condominium conversions; and in the circumstances, we
suggest, it would be inappropriate to suppose that this unit was
"'.-....
-,"4'
OATES, AUSTIN, MCGRATH e. .JORDAN
City Council, Planning & Zoning
Cowmission and Aspen/Pitkin
Planning Office
August 20, 1979
Page 3.
ever within the supply of this housing. This, we believe, is
especially so given the rather unique circumstances that attended
the Windemullers' occupancy in the first place, which, in light
of the size of the home, the rent paid, their relationship to and
the then circumstances of the Hopkins, might well warrant character-
ization of the Windemullers' occupancy as of the house sitting
variety. In short, in a very real sense, the house has never truly
been placed on the open rental market at all -- much less the low,
moderate and middle income rental market.
Needless to say, we will be happy to respond to
any questions you may have. Thank you for your time and considera-
tion.
Sincerely,
, JOR"! \
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By
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CITY.OF ASPEN
130 sq:,,!!Jh galena street
aspen; colorado 81611
MEMORANDUM
DATE: June 13, 1979
TO: Richard~
FROM: Ron S~
RE: Sierra Vista Joint Venture - Subdivision Exemption
I recommend approval of this subdivision exemption sub-
ject to the six-month minimum lease provisions and
notice and option provisions of Section 20-22 of the
Code of the City of Aspen. Like the Valley Subdivision
exemption, it is possible that the Planning and Zoning
Commission and Council may determine that this housing
is part of the low, moderate and middle income housing
pool. I recommend that you give the facts of the rental
terms to them so they can decide factually whether to
require price limitations on the property.
RWS:mc
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Al T A'OWNER'S FORM
SCHEDULE A
l>olicy Number(6~,:,~.1~~r"'h'
September 5, 1969
'n." .....u........ . ..n_.........._.____......__..____h
Date 01 Policy
at 8:42 A.M.
Amount of Policy $..49...~,S.,O~...~,~...
L Name of Insured:
CHARLES FREDERIC HOPKINS and PAMALYN B. HOPKINS, as joint tenants.
2. The estate or interest in the land described or referred to in this Schedule covered by this Policy is:
. ~;..
Fee Simple.
3, Title to the estate or interest covereu by this Policy at the date hereof is vested in the Insured.
4, Tbe land referred to in this Policy is situated in the..,........c.(),\J..Il,t::r..,..h,.....u...,uoLuu.....u~.~.t:.~.~~,u.u......u..hU
State oL......uc::9.Jc:lr.~c:l9..h..nhnn....u'u..h,n.. and is described ss follows:
Lot 31, WEST ASPEN SUBDIVISION, Filing No.1, according to the
recorded plat thereof.
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....................... ...........,;:.. ...............;..:..;......... ..__...h._.............__............
This Policy valid only 11 Schedule B I, .tt.ched.
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ALTA,OWNER'S FORM
SCHEDULE B
B33463
Policy Numher{'69<zS<Z20)n,n,nnmn,nnnn.
This Policy docs not insure against loss or damage by reason o[ lhe following exceptions:
I. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
2. Survey: Any encroachments, easements, measurements, party walls, or other facts which a correct survey of
the premises would show. , .'
3. Rights or claims of parties in possession not shown by the public records,
4. The lien of the Gene"l Taxes [or the year 1969 and thereafter,
5. Rights claimed in appliances or personal property attached or unattached
to the real estate or buildings.
6. Deed of Trust from Charles lrederic Hopkins and Pamalyn B. Hopkins to the
Public Trustee for the use of Rocky Mountain Savings and Loan Association
Glenwood Springs, Colorado, to secure $25,000.00, dated September 2, 1969
acknowledged September 4, 1969 and recorded September 5, 1969 in BOOK 243
at page 79.
NOTE:There appears of record an instrument designated an Assignment of
Rents for additional security to the holder of the indebtedness and is
recorded as a part of the Deed of Trust described above in Book 243 at
page 82.
7. Restrictions, which do not contlin a forfeiture clause, recorded Septemba'
5, 1967 in Book 229 at page 78 and as amended by instrument recorded Octo}
4, 1967 in Book 229 at page 507.
8. Articles of Incorporation for West Aspen Homeowner's Association recorded
March 6, 1968 in Book 233 at page 496.
9. Easements for utilities 10 feet in width aJong the rear lot line and 5fe.
in width along the side lot lines as reserved on the ,plat of said subdivi,
sian.
,
,.
10.Right of a proprietor of a vein or lode to extraot and remove his ore,
should the same be found to penetrate or intersect subject property as
reserved in the U.S. Patent of record.
",n., noun. n..'. n n no, .,n Aiiihoi-i"ied'siiiiiaiorynn" '."
2
Schedule B of this Policy ~onsl.ta 01. _mp..e..
42001 SAS Ed. 7.67 Printed in U, S, A.
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.~,".....,.,...\'O.~.._-",_.;....""""",~~;~_-:.~..::-_.....,_ .:
ALTA, Owner's Form
SCHEDULE B (Continued)
Policy N urn berh...,!?,}}fl.6,,~......,..ou.,......,...,..
(69-8-20)
11.
Taxes, assessments and charges by reason of the inclusion of
property in the Aspen Fire Protection District and the Aspen
Sanitation District.
the subject
Metropolita:
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m'm.m..'....'..........m..A~ih.;-~i~~d"s'iiin;iio;:y..h.....'m....mm'..'........
...'m......,2nd ..,....p....
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ALTA-LOAN FORM
SCHEDULE A
Policy Numberr6~'~a:S3T"'"
,.E; (3P..t:.f!.~t'!.~,..~,l...J,?~?........
Oat. of Policy
at 8142 AM.
Amount of Policy $,?.5,l,Q.o.,Q.",Q,Q..m,
1. Name of Insured:
ROCKY ~~mlTAIN SAVINGS AND LOAN ASSOCIATION, Glenwood Springs, Colorado.
2. The title to the fee simple estate in the land described or' referred to in this schedule is at the date hereof
vested in:
CHARLES FREDERIC HOPKINS and PAMALYN B. HOPKINS, as joint tenants.
3. The mortgage or deed of trust and assignments, if any, covered by this Policy are described as follows;
Deed of Trust from Charles Frederic Hopkins and Pamalyn B. Hopkins to
t the Public Trustee for the use of Rocky Mountain Savings and Loan
Association, Glenwood Springs, to secure $25,000.00, dated September
2, 1969, acknowledged Septelllber 4, 1969 and recorded September 5, 1969
in Book 243 at page 79.
NOTE: There appears of record 1n instrument designated an Assigriment
of Rents for additional security to the holder of the indebtedness and
is recorded as a part of the Deed of Trust described above in Book, ,243
at page 82.
4, The land referred to in this Policy is situated in them... ,.. ,.. ...........'m.c.Q,u.n'tYm.......'....,...............................
OL'm....."'..!',i"tJ;,1n,.........'..m...' State oLm...,C9l9,J:,agQ........m.m.........., and is bounded and described as,
set forth in the said mortgage or deed of trust above mentioned.
Lot 31, WEST ASPEN SUBDIVISION, Filing No.1, according to the recorded
plat thereof.
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ALTA-LOAN FORM
SCHEDULE B
Policy Number....,~~J.9.,~,~...........m..,...m"..,
(69-8-20)
Note: Unless otherwise expressly set forth in this Schedule B, no instrument imposing a restriction upon the
sale or occupancy of the mortgaged property on the basis of race, color or creed has been filed of record
subsequent to February 15, 1950 and prior to the date hereof.
This Policy does not insure against loss or damage by reason of the following;
1. The lien of the General Taxes for the year 1969 ,and thereafter.
2. Rights claimed in appliances or personal property attached or unattached
to the real estate or building..
3. Restrictions which do not contain a forfeiture clause, recorded September
5, 1967 in Book 229 at page 78 and aa amended by instrument recorded
October 4, 1967 in Book 229 at page 507.
4. Any lien, or right to a lien, for services, labor, or material heretofore
or hereafter furnished, imposed by law and not shown by the public recordF
5. Survey: Any encroachments, easements, measurements, party walls, or other
facts which a correct survey of the premises would show.
6. Rights or claims of parties in possession not shown by the public records.
7. Articles of Incorporation for West Aspen Homeowner's Association recorded
March 6, 1968 in Book 233 at page 496.
8. Easements for utilities 10 feet in width along the rear lot line and 5 feE
in width along the side lot lines as reserved on the plat of said subdivi-
sion.
9. Right of a proprietor of a vein or lode to extract and remove his ore
should the same be found to penetrate or intersect the subject property as
reserved in the U.S. Patent of record.
10. Taxes, assessments and charges by reason of the inclusion of the subject
property in the Aspen Fire Protection District and the Aspen Metro~itan
Sanitation District.
,..........,..........................................,ffi.....m..m..m.................m.........
Authorized Signatory
42003 SFS Rev. 11-67 Printed In U. S. A.
Schedule B of this Policy conalat. o,..~..........P.....
k)LtSTINC.
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LEGAL DESCRIPTION
LOT 31, WEST ASPEN SUBDIVISION, FILING NO.1. COUNTY OF PITKIN,
STATE OF COLORADO
CERTIFICATE OF SURVEY
I HEREBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICATE WAS
PREPARED FOR SIERRA VISTA PARTNERS , THE IMPROVEMENT LOCATION
BEING BASED ON PREVIOUS PROPERTY SURVEY THAT HAS BEEN MONUMENTED
BY OTHERS AT THE TIME I PREPARED THIS IMPROVEMENT LOCATION CER-
TIFICATE, AND THAT IT IS NOT TO BE RELIED UPON FOR THE ESTABLISH-
MENT OF FENCE, BUILDING, OR OTHER FUTURE IMPROVEMENT LINES.
I FURTHeR CERTIFY THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED
PARCEL ON THIS DATE, MARCH 14, 1979 , EXCEPT UTILITY CON-
NECTIONS, ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL,
EXCEPT AS SH01.VN, THAT THERE ARE NO ENCROACHMENTS UPON THE DE-
SCRIBED PREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES,
EXCEPT AS INDICATED, AND THAT THERE IS NO EVIDENCE OR SIGN OF
ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID PARCEL,
EXCEPT AS NOTED,
WESTERN
SL OPE ,
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DATE 3-/'1"-'1'1
JOB NO. IN
Iii
InIerwesIInc The '"', ',ont Mall 710 EastDurant Street Aspen Colc 1081611 USA 303/925-2772
DATE:
July 13, 1979
TO:
Richard Grice
Planning Department
FROM:
Rai Simpson
Project Coordinator
SUBJECT: Sierra vista Joint Venture
Richard,
Sorry for the delay in submitting this new
survey for the Sierra vista Joint Venture
Submission for Condominiumization. The
survey had to be re-done ~ causing this un-
timely delay. I sent a copy of the survey
directly to Lou Buettner.
Please let me know if anything else seems
lacking in the application and what date you
have scheduled for F & Z.
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MEMORANDUM
TO: Dave Ellis, City Engineer
FROM: Richard Grice, Planning Office
RE: Sierra Vista Joint Venture - Subdivision Exemption
DATE: July 2, 1979
Attached please find plat for the Sierra Vista Joint Venture Subdivision
Exemption. The application was referred to you on May 22, 1979. This item is
scheduled to come before the Aspen Planning and Zoning Commission on Tuesday,
August 21, 1979. Therefore, may I please have your written comments concerning
this item no later than Monday, August 13, 1979. Thank you.
"
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M E M 0 n AND U M
FROM:
RICHARD GRICE, PLANNING OFFICE
LOUIS' BUETTNER, ENGINEERING OFFICE ~f~
June 6, 1979
TO:
DATE:
RE:
Lot 31, Filing 1, West Aspen Subdivision
,In reviewing this application I wish to make the following statements:
1) The application includes an improvement location certificate, not
a property survey,
2) Recorded existing utility easements are not shown on the improve-
ment certificate,
3) The improvement certificate states that the property was surveyed
previously; no plat showing the property monuments was submitted,
I would suggest that this application be tabled for the submission of
additional material. I feel that a proper survey plat including the
existing easements and improvements, i.e., driveway, walks, etc.,
should be submitted. The proposed'footprint drawing should include
existing or proposed walks,
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