HomeMy WebLinkAboutcoa.lu.ex.Lots-O&P-Blk25.1977
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The prlnt~d portion of this form .ppro\'ll'd by the I
Colorado Rul Est.t~ CommiS5ion (SC 20-10-75)
RECEIPT AND OPTION CONTRACT
. (RESIDENTIAL)
December
dtJ
19-.ZL
RECEIVED FROM William L. Drueding
Purchaser (asjoint tenants), the sum of$ 8.000.00 ,in the form of personal check
to be held by seller pUrSllRnt to pRr;:IJ~T:lph 11 it .
as earnest money and part payment for the following described real estate situate in the City of Aspen
County of Pi tkin , Colorado, to wit:
Lots 0 and P of Block 25, City of Aspen
(see attached Exhibit A)
with all improvements thereon and all fixtures of a permanent nature currently on the premises except as hereinafter
provided, in their present condition, ordinary wear and tear excepted, known as No. 616 W _ Hookins
Avenue
which property purchaser
$ 65.000.00
agrees to buy upon the following terms and conditions, for the purchase price of
,payable as follows: $ 8.000.00 hereby receipted for, $ 57 .000.00
in the form of a cashier's check or certif~d funds at closing.
1. If a note and trust deed or mortgage is to be assumed, the purchaser agrees to pay a loan transfer fee not to
exceed $ none and it is a condition of this contract that the purchaser may assume such encum-
brance without change in its terms or conditions except none
2. Price to include any of the following items currently on the premises: Lighting, heating and plumbing fixtures;
all outdoor plants, window ~nd porch shades, venetian blinds, storm windows, storm doors, screens, curtain rods, drap.-
ery rods, central air conditioning, ventilating fixtures, attached TV antennas, attached mirrors, linoleum, awnings,
water softener (if owned by seller), fireplace screen and grate, built-in kitchen appliances, wall to wall carpeting
none
all in their present condition, free and clear of all taxes, liens and encumbrances except as provided in paragraph 4;
provided, however, that the following fixtures of a permanent nature are excluded from this sale:
none
3. ~:)OUdX~~~~~~x.xA. current commitment for title insurance policy in an
amount equal to the purchase price, at seller's ~MKi)QiJat: expense, shall be furnished the purchaser on or before
Februarv 15 ,19~_ If seller elects to furnish said title insurance commitment, seller will
deliver the title insurance policy to purchaser after closing and pay the premium thereon.
4. Title shall be merchantable in the seller. Subject to payment or tender as above provided and compliance with
the other terms and conditions hereunder by purchaser, the seller shall execute and deliver a good and sufficient
general warranty deed to said purchaserol'l date of closing Exhibit .,~
or, by mutual agreement, at an earlier date, conveying said property free and clear of all taxes, except the general
taxes for 19~, payable January 1., 19~, and except none
(ree and clear of all liens for special improvements now installed, whether assessed or not; free and clear of all liens
and encumbrances except ease~nts for telephone, electricity, water and sanitary sewer, and except none
and subject to building and zoning regulations, and restrictive covenants of record. Any encumbrance required to be
paid may be paid from the proceeds oUhis transaction.
5_ General taxes for 19~ shall be apportioned to date of delivery of deed based on the most recent levy and the
most recent assessment. Prepaid rents, water rents, {jewer rents, FHA mortgage-insurance premiums and interest on
encumbrances, if any, anel none
shall be apportioned to date of delivery of deed.
No. SC 20-10-75. R~ipl and Oplton Conlran tR~..id~l!lial)_ BI".drom PublishingCo_, 1824....6 Stout Street, Denver, t:olorado --8-77
d. It is understood that the purchaser's $8,000.00 earnest money will be used
as earnest money for the~'ller's contract attached as ~bit A.
e. This contract i~ot assignable or transferabl~ purchaser.
300 E. Hyman Avenue, Aspen, Colorado
Seller"s Address
616 W. Hopkins Avenue, Aspen, Colorado
Purchaser's Address
Selll!!r
Seller
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~~~yyyyVYY~YYYYYYYYYYYYYXYYYYYXYXYY~~~XYYX~~~
H3<OC~iDCilm{
.~~l'l><!IDdlblo:J<JdlOO<;~Hbbe
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Date
Purchaser
By:
Agent
Purchaser
or before Februar; _ 1978.
Bank of Aspen by February
11. Additonal Provisions: This contrac t
a. Execution and closing of
James J. Mollica
b. Subdivision exemption
c. Purchaser receiving a
IS, 1978.
12. Upon approval hereof by the seller, this agreement shall become a contract between seHer and purchaser and
shall inure to the benefit of the heirs, successors and assigns of said parties.
Aspen on
from the
the City of
conuni t tmen t
from
loan
Shaw anc
is contingent upon the following:
the attached Exhibit A, Contract between
10. In the event the seller fails to approve this instrument in writing on or before December 25,
19~, or if title is not merchantable and written notice of defects is given to the seller or agent within the time herein
provided for delivery of deed and shall not be rendered merchantable within 30 days after such written notice, then this
contract, at purchaser's option, shall be void and of no effect and each party hereto shall be released from all obligations
hereunder and the payments made hereunder shall be returned forthwith to purchaser upon return of the abstract, if
any, to seller; provided, however, that in lieu of correcting such defects, seller may, within said 30 days, obtain a
commitment for Owner's Title Insurance Policy in the amount of the purchase price showing the title to be free from
such defects and seller shall pay full premium for such Title Insurance Policy.
9. Time is of the essence hereof, and if any payment or any other condition hereof is not made, tendered or performed
as herein provided, there shall be the following remedies. In the event a payment or any other condition hereof is not
made, tendered or performed by the purchaser, then this contract shall be null and void and of no effect, and both parties
hereto released from all obligations hereunder, and all payments made hereon shall be retained on behalf of the seller as
liquidated damages. In the event that the seller fails to perform any condition hereof as provided herein, then the
purchaser may, at his election, treat the contract as terminated, and all payments. made hereunder shall be returned to
the purchaser: provided, however, that the purchaser may, at his election, treat this contract as being in full force and
effect with the right to an action for specific performance and damages.
8. In the event the premises shall be damaged by fire or other casualty prior to time of closing, in an amount of not
more than ten per cent of the total purchase price, the seller shall be obligated to repair the same before the date herein
provided for delivery of deed. In the event such damage cannot be repaired within said time or if such damage shall
exceed such sum, this contract may be cancelled at option of purchaser. Should the purchaser elect to carry out this
agreement despite such damage, such purchaser shall be entitled to all the credit for the insurance proceeds resulting
from such damage, not exceeding, however, the total purchase price. Should any fixtures or services fail between the
date of this agreement and the date of possession or the date of delivery of deed, whichever shall be earlier, then the
seller shall be responsible for the repair or replacement of such fixtures or services with a unit of similar size, age and
quality or an equivalent credit.
If the seller fails to deliver possession on the date herein specified, the seller shall be subject to eviction and shan be
liable for a daily rental of$ nonf': until possession is delivered.
,
None
subject to the following leases or tenancies:
date of closing Exhibit A.
7. Possession of premises shall be d'elivered to purchaser on
Chuck Vidal
6. The hour and place of closing shall be as designated by
Exhibit A
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The printed porlion or Ihis form approved by the!
Colorado Rul E'lltat~ Commission (SC 20-10.15)
RECEIPT AND OPTION CONTRACT
(RESIDENTIAL)
December 3.
.19-11
James J. Mollica and/or nominee
$2 000 00 Personal Check
Purchaser (as joint tenants), the sum of$ ... . in the form of
to be held by Chuck Vidal . broker, in his escrow ortruslee account.
as earnest money ,and part payment for the following described real estate situate in the Ci tv of Aspen'
County of Pi tkin : Colorado, to wit:
RECEIVED FROM
Lots KLMNOP of Block 25, City of Aspen
(see attached exhibit A )
with all improvements thereon and all fixtures of a permanent nature currently on the premises except as hereinafter
provided. in their present condition, ordinary wear and tear excepted, known as No. 616 W.. Hookins Ave.
whirh property purchaser"
$ 17~,nnn no
agrees to buy upon the following terms. and conditions, for the purchase price of
,payable as follows: $ 2. nnn. no hereby receipted tor, $ 8.000.00
additional earnest money within 14 days after the acceptance
of this contract; $165,000.00 in cash or certified funds
at closing.
1. If a note and trust deed or mortgage is ~o be assumed, the purchaser agrees to pay a loan transfer fee not to
exceed $ none and it is "s condition of this contract that the purchaser may assume such encum-
brance without change in its terms or conditions except none -..
2. Price to include any of the following items currently on the premises: Lighting, heating and plumbing fixtures;
all outdoor plants, window and porch shades, venetian blinds, storm windows, storm doors, screens, curtain rods, drap-
ery rods, central air conditioning, ventilating fixtures, attached TV antennas. attached mirrors. linoleum, awnings,
water softener (if owned by seller), fireplace screen and grate, built-in kitchen appliances. wall to wall carpeting
none
. .
all in their present condition. free and clear of all taxes, liens and encumbrances except as provided in' paragraph 4;
provided, however, that the following fixtures of a permanent nature are excluded from this. sale: none
3-~~~t'~EIl~~~P*4'tlZt::t?cl*,,~'-tbid'i:J::te\*'1:- a current commitment for title insurance policy in an
amount equal to the purchase price, at seller's option and expense, shall, be furnished the purchaser on or before
Fphrl1~ry 1 c; ,19--.1.8.. Ifseller elects to furnish said title insurance commit~.e~tJ 'seller wilJ
deliver the title insurance policy to purchaser after closing and pay the premium thereon. "-,
(.Title shall be merchantable in the seller. Subject to payment or tender as ab~-ve provi"ded ~nd compliance with
the other terms and conditions hereunder by _purchaser, the seller shall execute and deliver a good and sufficient
General warrantydeedtosaidpurcha~eron March - "lst ." .-," ":19~
or. by mutual agreement, at an earlier date, conveying said property free and clear of all taxes:'except the g"eneral
taxes for 19-----1lL. payable January 1, 19-.lL, and except none . ". .' - ~." .--. - - "
. " ,,- ' ',- ,--'-' "--'--';''' "',-- . " '
free and clear of all liens for special improve~e'nts now installed. whether assessea or not; free 'and Clear of all lien"s
and encumbrances exC"ept ease~.pts for telephone, electricity. water and sanitary sewer, and except Tlnnp
and subje~t to build~ng B~d }wning regulations, and restrictive covenants of record. Any encumbrance required to be
paid may be paid from the p~o~~eds of this' t.ransaction. ~ _ ~_ _
5. General taxes for 19---.28.... shall be apportioned to date of delivery of deed based on the most recent levy and the
. . ,"" ". ' . . ",- " ;. - -"-- , '--'~'---'-- ---
most recent assessmenL Prepaid rents, water rents, ~ewer rents, FHA mortgage insurance premiums and interest on
encumbrances, if any, and none
.-. -. .~,-- - _ __ >. -_ ~ . _ ,_ n _ .._
- ----------~->---,-~--
shall be apportioned to date of delivery of deed.
No. SC 20-10-75. R~pl aadOp1ion C-trart (RKid~ntial)_Bradrord Publuhing CO_.1824....6 Stout Street.., ~nYer.C":Olondo -8-77
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Street, Aspen, Colorado 81611
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611 W.Main
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Seller's Address
300 E. Hyman Ave. Aspen, Colorado 81611
Purchaser's Address
Seller-
r approves the above contract this day of ,19... S
rJ ~o pay a commissIOn , oC the gross sales price .. s ransaction, and agrees that, in the
co-- f ~vent oC forfeiture of payment :ser, such payme be "'.h..;rfprf hetween the seller's broker and the
/ .AII , e- alfth_ereoCto said broker, but not to exceed the commission, and the balance to the seller.
Date
r-rr~l.d";.y
.aa
Purchaser
By:
12. Upon approval hereoC by the seller, this agreement shall become a contract between seHer and purchaser and
shall inure tothe bene:::;.CC~;;;;SSignS:~~~i: partie~ff ~
James J. Molrlca D.:1 Chuck Vidal
none
11. Additonal Provisions:
10. In the event the seller Cails to approve this instrument in writing on or before npropmhpr q ~ 1 q77
19_. or if title is not merchantable and written notice of defects is given to the seller or agent within the time herein
provided for delivery of deed and shall not be rendered merchantable within 30 days after such written notice, then this
contract, at purchaser's option, shall be void and of no effect and each party hereto shall be released fror:n all obligations
hereunder and the payments made hereunder shall be returned forthwith to p'urchaser upon return of the abstract, if
any, to seller; provided, however, that in lieu of correcting such defects, seller may. within said 30 days, obtain a
commitment for Owner's Title Insurance Policy in the amount of the purchase price showing the title to be free from
such defects and seller shall pay full premium Cor such Title Insurance Policy.
9. Time is of the essence hereof. and if any payment or any other condition hereof is not made, tendered or performed
as herein provided, there shall be the following remedies. In the event a payment or any other condition hereof is not
made, tendered or performed by the purchaser, then this contract shall be null and void and orno effect, and both parties
hereto released from all obligations hereunder, and all payments made hereon shall be retained on behalf of the seller as
liquidated damages. In the event that the seller fails to perform any condition hereof as provided herein, then the
purchaser may, at his election, treat the contract as terminated, and all payments made hereunder shall be returned to
the purchaser: provided, however, that the purchaser may, at his election, treat this contract as being in full force and
effect with the, right to an action for specific performance and damages.
.8. In the event the premises shall be damaged by fire or other casualty prior to time .of closing. in an amount of not
more than ten per cent of the total purchase price. the seller shall be obligated to repair the same before the date herein
provided for delivery of deed: In the event such damage cannot be repaired within sai~ time or if such damage shan
exceed such sum, this contract may be cancelled at option of purchaser. Sh.ould the purchaser elect to carry out this
agreement despite such damage, such purchaser shall be entitled to all the credit for the insurance proceeds resulting
from such damage, not exceeding. however, the total purchase price. Should any fixtures or services fait between the
date of this agreement and the date or possession or the date of delivery of deed, whichever shall be earlier, then the
seller shall ~e responsible for the repair or replacement of such fixtures or services with a-unit of similar size, age and
quality or an equivalent credit_
..'-- . ~'-'" '-. . -, . , . ,-- '.. ..'
If th~ sel1er fails to' deliver_ possession on the date herein specified, the seller shall be subject to eviction and" shall be
liable for a daily rental of$ 1)0 00 until possession is delivered.
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.. s_ubject ~!>_t~e _rono~~n~ Ieas:s o.r te.'"'-ancies: _ ._.. .~._..
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March Ist;-1978,. date of rTOSiI16
1. Possession o~pre~ises shall be delivered to purch'aser on
r'htt~lr 1'jQ?J
6. The hour a!1d place of closing shaU be as designated by
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James J. MoJlica ~ Associates, Inc.
Real Estate Appraisers and Consultants
Aspen, Colorado
Mason & Morse Building. 315 East Hyman Avenue, Suite 209 Aspen, Colorado 81611 .303/925-8987
December 19, 1977
Mr. William Kane
City of Aspen
Planning Department
130 South Galena Street
Aspen, CO 81611
Re: Request for Subdivision Exemption for Lots K, L, M. N, 0, and P of Block
25. City of Aspen. Colorado.
Mr. Kane:
In accordance with our conversation, this letter is to formally request a
subdivision exemption in accordance with Section 20-19, of Ordinance 22 of
the City of Aspen Municipal Code.
Attached to this letter is my contract to purchase the subject property
along with a survey. The purpose of this subdivision exemption request is
to divide the property into three single family building sites.
The existing
Department.
Lots 0 and P
open market;
structure is occupied by Bill Drueding of the Aspen Police
If subdivision exemption is granted, Mr. Drueding will purchase
at a price far below market; Lots M and N will be sold on the
aID Lots K and L will be retained by Mollica.
The subject property is part of the original Aspen Townsite and therefore
meets subdivision design requirements, all utilities, and the proposed sub-
division will not create additional density beyond the existing R-6 zoning.
If further information is needed regarding this matter, please do not hesitate
to call. Thank you for your time and consideration.
Sincerely,
f
J. Mollica,
JJMsfy
Encl: Contract and survey
II
James J. Mollica, R.M.
Appraiser-Consultant
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M E M 0 RAN DUM
TO: Aspen City Council
FROM: Planning Office, Bill Kane
RE: Drueding Subdivision Exemption
DATE: January 19, 1978
This is a request for Subdivision Exemption to cover the creation of three
separate homesites from six contiguous 3,000 square foot townsite lots
between Fifth and Sixth streets on Hopkins; these are ~ots K through P
of Block 25. These lands have been in Shaw ownership and the proposal
here is to convey out Lots 0 and P for an existing house which will be
resided in by Bill Drueding, and at the same time, create two 6,000
square foot single family homesites on the other two lots. The Engineering
Department has recommended that the owner be required to consent and
join in any improvement district for the construction of curbs,
gutter, and sidewalk in the area; and the applicants have agreed to this.
Again, this is part of the City Regulation which requires and defines
the conveyance of contiguously owned multiple townsite lots as a sub-
division activity requires that breaking up or conveyance into separate
homesites be exempted through the full subdivision procedures. As with
the previous item, we are uncertain as to the status of the park
dedication fee at this point; should it still be valid and legal at
Monday's meeting, we recommend that this be paid for the existing resi-
dents and that any park dedication fee required for the new residences
be deferred until time of building permit. With the two conditions,
regarding park dedication fee payment and waiving the right to join
in an improvement district, we recommend approval of this subdivision
exemption. With these two conditions, the Planning and Zoning Commission
gave unanimous approval to the subdivision exemption request at their
meeting of January 17, 1978.
lmk
,____..'.._'"~___M__._'"..'''', '''._<_'.,''_ _ _~'_"_-"'_
M E M 0 RAN DUM
TO: Aspen Planning and Zoning Commission
FROM: Planning Office (KS)
RE: Subdivision Exemption - Lots K-P, Block 25, Aspen
DATE: January 13, 1978
This request asks subdivision exemption approval for the separation of
these 6 townsite lots into three building sites, each consisting of
6,000 square feet. The property is located on Hopkins Avenue at Sixth
Street. There is an existing structure on Lots 0 and P which are to be
purchased from James Mollica. Mollica intends to sell Lots M and N
on the open market and retain Lots K and L.
The Engineering Department recommends that Lots 0 and P be required to
consent to and join in any improvement district formed for construction
of curbs, gutter, and sidewalk. The other two parcels will be met with
the same requirement at the time of building permit application. Improve-
ments are gradually being made on Hopkins and they wish to see the
trend continue. They recommend subdivision exemption.
The Planning Office has no problem with the request as the three lots
will all meet the minimum lot size of the R-6 district. The exemption
should be conditioned however on payment of the appropriate park dedication
fee.
lmk
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December 19, 1977
Mr. William Kane
Subdivision Exemption Lots K, L, M, N, 0, and P of Blk 25, City of Aspen
Page Two
It is my understanding that this Park Dedication fee is to be paid prior
to receiving subdivision exemption and that an additional Park Dedication
fee for Lots K, L, M, and N of Block 25 would be necessary prior to receiving
a building permit for construction of a single family residence.
I trust this information will be helpful in consideration of the subject
proposed subdivision exemption.
Thank you for your time and consideration.
Sincerely,
,
J. Mollica
JJM:sfy
Encl: Comparable Sale Chart, Receipt and Option Contract
.Iilrnes 1 Mollica t Assoclale& lilt
Real Estate Appraisers and Consultants
.
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COMPARABLE SALES CBART
CIn OF ASPEN Price/SiDlle Family!!.
Sale Block Lot(.) Grantor Grantee Date Deed Book Pric~ Pdce/Lot Pdcal
Buildin8 Site &-6 SF
1 8 M.H,Q Paepelte Doremua 12/76 321/384 , 75.000 $25,000 , 75,000 _ $,.8.33J
2 2 A-E, '-I la.peke Erdlll&D 10/75 303/732 150,000 16.661 60,000 6.25
witb exceptions
3 2 "CoB,I.!. Erdman Semple 4/76 311/824 82.400 27,467 82,400 9.15
4 15 A-F Williama Troyer 12/16 321/405 170,000 28.333 56,666 '.44
5 18 C . D Lawrence popel! 11/76 320/287 50,000 25,000 50,000 8.33
6 18 E . F Lawreoce TeBchner 11/76 320/291 50 ,000 25,000 50,000 8.33
7 Shaw Trian81~ Shaw City of bpen 3/77 H'A 100.000 50,000 appro](. 100,000 ~6.66
8 Shaw Property d Shaw WFW 3/71 H'A 500,000 75,000 appros. 100,000 11,35
(Partially lmprove~)
, 48 D.E.F,C,U,1 Shaw Surodoj 6/77 330/601 175,000 29,167 58,333 9,"12
10 56 H' 1 Saundera Christopher 10/77 H'A 83,000 41,500 83.000 13.83
--- ,-,-~ .----- ----_._-~- ._~._--
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James J. Mollica t Associates, In~
Real Estate Appraisers and Consultants
Aspen, Colorado
Mason & Morse Building. 315 East Hyman Avenue, Suite 209 Aspen, Colorado 81611 .303/925-8987
DATE Fi;:G'~:V:~:J I :J I . .., V
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December 19, 1977
Af.~;.;:[,:~.'. ..."
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ROUiE
Mr. William Kane
City of Aspen Planning Department
130 South Galena Street
Aspen, CO 81611
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Re: Request for Subdivision Exemption for Lots K, L, M, N, 0, and P of
Block 25, of the City of Aspen, Park Dedication Fee
Mr. Kane:
In accordance with Ordinance #63, Sec. 7-143, Subparagraph A, I am offering
the following valuation parameters to establish a basis for the subject's
Park Dedication fee. According to Subparagraph B of Sec. 7-143, the ordinance
states:
Market value may be substantiated a documented purchase price
(if arm's length transaction, not more than two years old).
Attached to this letter is a receipt and option contract between Mr. Drueding
and myself for the purchase of Lots 0 and P of Block 25, City of Aspen. The
purchase price is $65,000 which includes a two-bedroom dwelling in poor
condition.
This sale price may be considered slightly discounted since it was contracted
for as part of my original purchase of the six lots for a total of $175,000.
Attached to this letter is a comparable sales chart for city lots recently
sold in Aspen's West End. After analyzing these lots, I would feel comfortable
with a land value for Lots 0 and P at say $65,000. If the $65,000 valuation
is accepted by Council, the following interpretation of the formula is considered
applicable:
$65,000
6,000 SF
2.7 (2 bedroom) x .0025
$10.83/SF
acres x 43,560 x $10.83 = $3,184.34
Indicated Park Dedication Fee for Lots 0 and P of Block 25 = $3,174.34
II
James J. Mollica, R.M.
Appraiser-Consultant
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Recorded 11:17 A.M.
Rec'"l'tion II
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February 28, 1978 Julie Hane Recorder
3DDK 34:4 ,1111.<1:.20
CERTIFICATE OF EXEMPTION
FROM THE DEFINITION OF SUBDIVISION
~\
WHEREAS, Harry Shaw, is the owner of a parcel of land located
in Pitkin County, Colorado, described as Lots K, L, M, N, 0, P, Block
25, City of Aspen, Colorado; and
WHEREAS, there is an existing six lots and one single family
residence located on Lots 0 and P of said property; and
WHEREAS, applicant has r,"qu,"sted of the City of Aspen an
,"xemption from the definition of subdivision in order to allow the
existing six lots to be divided into three separately conveyabl," parcels;
and
WHEREAS, the Aspen Planning and Zoning Commission, at its
meeting held ~.Iu"W 7 /9 n recommended that an
exemption from the def nition of a subdivision is appropriate under these
circumstances and recommended that the same be granted,
NOW, THEREFORE, the City Council of Asp,"n, Colorado, does hereby
determine that the proposed subdivision of the lots locat,"d on said prop-
erty is not within the int,"nts and purpose of the subdivision ordinance
of Chapter 20 of the Aspen Municipal Code and does, for such reason,
grant an exemption in accordanc," with Section 20-19(b) of such Code from
th," definition of a subdivision, for the creation of three separate par-
cels, consisting of Lots K and L, Block 25, as one separate parcel, Lots
M and N, Block 25, as another separate parcel and Lots 0 and P, Block 25,
as another separate parcel, and has granted Harry Shaw, his transferees,
successors and assigns the right to convey said parcels seuarately if
desired;
.
PROVIDED, HOWEVER. that the foregoing exemption is conditioned
upon the condition that said lots shall pay a Park Dedication fee for
the undeveloped lots (K, L, M, N) at the time a building permit is granted,
if such fee is in effect. Lots 0 and P have an existing structure and
therefore are exempt from any such fee.
agree
Aspen
FURTHER PROVIDED. that
to join in any improvement
Engineering Department.
all six lots (three building sites)
district which may be required by the
Dated:
i)J;)-?;) 7 g
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I. KATHRYN S. HAUTER, do hereby certify that the foregoing
Certificate of Exemption from the Definition of Subdivision was con~~dered
and approve by the Aspen City Council at its regular meeting held
Monday, - t-h< a.+-;,}) . at which time t~ Mayor pro tem.
MICHAEL BEHRENDT. was autho zed to and did execute thes~me On behalf..
of the City of Aspen. ,..
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STATE OF COLORADO )
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County of Pitkin )
The foregoing was acknowledged before me this~~day of
~./.uun.-t.y' , 1978, by MICHAEL BEHRENDT and KATHRYN S. HAUTER,
persoIj.lirly known to me to be the Mayor Jl!2. tem and City Clerk, respec-
. ~;L,"ely'"..of .the City of Aspen.
.....~\\ l. <1 '7';.'. ...
l "...:';.;:::......'/~!:rNESS my hand and official seal.
: ,~. "TO^ .t"}
".(~ :' \', r,. \ " r~ I....
.: \<" '."1 l'I:r~ commission expires:iily CommissioRE .
~~. -:>. ,)-<>- Xplres Jan. 24, 1981
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Colorado Real Estat@ Commj,slon (SC 20-10.75)
RECEIPT AND OPTION CONTRACT
(RESIDENTIAL)
December 3. ,19~
RECEIVED FROM James J. Mollica and/or nominee ,
Purchaser (as joint tenants), the sum of $~OO !- 00 , in the form of Personal Check
to be held by Chuck Vidal , broker, in his escrow or trustee account,
as earnest money and part payment for the following described real estate situate in the City of Aspen
County of Pitkin , Colorado, to wit:
Lots KLMNOP of Block 25, City of Aspen
(see attached exhibit A )
with all improvements thereon and all fixtures of a permanent nature currently on the premises except as hereinafter
provided, in their present condition, ordinary wear and tear excepted, known as No. 616 W. Hopkins Ave.
which property purchaser agrees to buy upon the following terms and conditions, for the purchase price of
$ 17';,000 00 , payable as follows: $ 2,000.00 hereby receipted for, $ 8,000.00
additional earnest money within 14 days after the acceptance
of this contract; $165,000.00 in cash or certified funds
at closing.
1. If a note and trust deed or mortgage is to be assumed, the purchaser agrees to pay a loan transfer fee not to
exceed $ none and it is a condition of this contract that the purchaser may assume such encum-
brance without change in its terms or conditions except none .
2. Price to include any of the following items currently on the premises: Lighting, heating and plumbing fixtures;
all outdoor plants, window and porch shades, venetian blinds, storm windows, storm doors, screens, curtain rods, drap.
ery rods, central air conditioning, ventilating fixtures, attached TV antennas, attached mirrors, linoleum, awnings,
water softener (if owned by seller), fireplace screen and grate, built-in kitchen appliances, wall to wall carpeting
Qone
,
all in their present condition, free and clear of all taxes, liens and encumbrances except as provided in' paragraph 4;
provided, however, that the following fixtures of a permanent nature are excluded from this sale: none
3. ~~td.~ttb't6l~~'~}\'~~)\',**~'dkbtI;'d'ate\'krk a current commitment for title insurance policy in an
amount equal to the purchase price, at seller's option and expense, shall be furnished the purchaser on or before
Fphnlary 11) ,19--.1.8.. If seller elects to furnish said title insurance commitment, seller will
deliver the title insurance policy to purchaser after closing and pay the premium thereon.
4. Title shall be merchantable in the seller. Subject to payment or tender as above provided and compliance with
the other terms and conditions hereunder by purchaser, the seller shall execute and deliver a good and sufficient
General warranty deed to said purchaser on March 1st ,19~,
or, by mutual agreement, at an earlier date, conveying said property free and clear of all taxes, except the general
taxes for 19~, payable January 1, 19~, and except none
;
free and clear of all liens for special improvements now installed, whether assessed or not; free and clear of all liens
and encumbrances except ease~nts for telephone, electricity, water and sanitary sewer, and except nnnp
;
and subject to building and zoning regulations, and restrictive covenants of record. Any encumbrance required to be
paid may be paid from the proceeds of this transaction.
5. General taxes for 19-1.R. shall be apportioned to date of delivery of deed based on the most recent levy and the
most recent assessment. Prepaid rents, water rents,,sewer rents, FHA mortgage insurance premiums and interest on
encumbrances, if any, and none
shall be apportioned to date of delivery of deed.
No. SC 20-10-75. Receip1 alldOp1ion Contra("1 (R@'sid@'ntial)-BradfordPublishingCo., 1824-46 Stout St)'@'t't,Denvel",t.:olorado ~77
6. The hour and place of closing shall be as designated by
Chnclr Vidal
7. Possession of premises shall be delivered to purchaser on
March 1st, 1978, date of ~losing
subject to the following leases or tenancies:
none
,
If the seller fails to deliver possession on the date herein specified, the seller shall be subject to eviction and shall be
liable for a daily rental of$ "0 00 until possession is delivered.
8. In the event the premises shall be damaged by fire or other casualty prior to time of closing, in an amount of not
more than ten per cent of the total purchase price, the seller shall be obligated to repair the same before the date herein
provided for delivery of deed. In the event such damage cannot be repaired within said time or if such damage shall
exceed such sum, this contract may be cancelled at option of purchaser. Should the purchaser elect to carry out this
agreement despite such damage, such purchaser shall be entitled to all the credit for the insurance proceeds resulting
from such damage, not exceeding, however, the total purchase price. Should any fixtures or services fail between the
date of this agreement and the date of possession or the date of delivery of deed, whichever shall be earlier, then the
seller shall be responsible for the repair or replacement of such fixtures or services with a unit of similar size, age and
quality or an equivalent credit.
9. Time is of the essence hereof, and if any payment or any other condition hereof is not made, tendered or performed
as herein provided, there shall be the following remedies. In the event a payment or any other condition hereof is not
made, tendered or performed by the purchaser, then this contract shall be null and void and of no effect, and both parties
hereto released from all obligations hereunder, and all payments made hereon shall be retained on behalf of the seller as
liquidated damages. In the event that the seller fails to perform any condition hereof as provided herein, then the
purchaser may, at his election, treat the contract as terminated, and all payments made hereunder shall be returned to
the purchaser: provided, however, that the purchaser may, at his election, treat this contract as being in full force and
effect with the right to an action for specific performance and damages.
10. In the event the seller fails to approve this instrument in writing on or before npi"'pmhpr q ~ 1 Q77
19_, or if title is not merchantable and written notice of defects is given to the seller or agent within the time herein
provided for delivery of deed and shall not be rendered merchantable within 30 days after such written p.otice, then this
contract, at purchaser's option, shall be void and of no effect and each party hereto shall be released from all obligations
hereunder and the payments made hereunder shall be returned forthwith to purchaser upon return of the abstract, if
any, to seller; provided, however, that in lieu of correcting such defects, seller may, within said 30 days, obtain a
commitment for Owner's Title Insurance Policy in the amount of the purchase price showing the title to be free from
such defects and seller shall pay full premium for such Title Insurance Policy.
11. Additonal Provisions:
none
12. Upon approval hereof by the seller, this agreement shall become a contract between seller and purchaser and
shall inure to the bene::;;;cc~;s and assigns ~~~~: partie~ d ~
James J. Moll:ica D.tt Chuck Vidal
By:
Purchaser
H-.... :r G1 ... T
Date
r approves the above contract this day of ,19 !!anA q..~t!S
fj ~o pay a commiSSIOn % of the gross sales price . L.. ;.. llus transaction, and agrees that in the
c.c:r- / ~vent of forfeiture of paymen er, such pay me .. . tween the seller's broker and the
, e- alfthereofto said broker, but not to exceed the commission, and the balance to the seller.
Seller
Purchaser's Address
300 E. Hyman Ave. Aspen, Colorado 81611
Seller's Address
611 W.Main Street, Aspen, Colorado 81611
""
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James J. Mollica t ASSOciate~,lnC.
Real Estate Appraisers and Consultants Mason & Morse Building. 315 East Hyman Avenue, Suite 209 Aspen, Colorado 81611 .303/925-8987
Aspen, Colorado
January 3, 1978
Mr. William Kane
City of Aspen Planning Department
130 S. Galena St.
Aspen, CO 81611
Re: Request for Subdivision Exemption for Lots K, L, M, N, 0, and P of
Block 25, City of Aspen, CO 81611
Mr. Kane:
In accordance with Ordinance No. 53, Series 1977, I offer the following comments:
1. The subject property is currently improved with one single family residence,
occupied by three tenants, one of which is Mr. William Drueding of the Aspen
police force. Attached to this letter is a contract to purchase Lots 0 and
P along with the existing dwelling by Mr. Drueding in the event the sub-
division exemption is granted. The purchase price is $65,000 and as a pro-
fessional appraiser, I estimate the current market value to be in excess of
$100,000.
2. The remaining four lots, or say, two building sites, are presently vacant
and would cause no tenant displacement and further would not necessitate the
90 day tenant option.
3. I do not feel the 6 month mlnlmum lease requirement should be in effect on the
subject property, however, if council so desires, I would be willing to abide
by this restriction.
4. The subject lots will be developed with two single family residences of high
quality to support the expensive land value. This subdivision will not
reduce the supply of low and moderate income housing, however, I note that
the low cost of Mr. Drueding's property will somewhat accommodate this
housing ordinance_ requirement.
In summary, this subdivision exemption request will not increase density require-
ments or tenant displacement. Since it is part of the original Aspen Townsite,
this subdivision will only be a "name transfer" in accordance with the existing
R-6 zoning.
If further information is needed regarding this matter, please do not hesitate
to call.
Thank you for your time and consideration.
Sincerely,
purchase
II
James J. Mollica, R.M.
Appraiser-Consultant
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The printed portion or this form approH'd by the I
Colorado Rul E~tate Commis...ion (SC 20-10.75)
RECEIPT AND OPTION CONTRACT
(RESIDENTIAL)
December ~
,19-.ZL
RECEIVED FROM William L. Drueding
Purchaser(asjoint tenants), the sum of$ 8,000.00 ,in the form of personal chp-r.k
tobeheldby seller pursll~nt to p~r"grRph 11il ,~~,
as earnest money and part payment for the following described real estate situate in the City of Aspen
County of Pi tkin ,Colorado, to wit:
Lots 0 and P of Block 25, City of Aspen
(see attached Exhibit A)
with all improvements thereon and all fixtures of a permanent nature currently on the premises except as hereinafter
provided, in their present condition, ordinary wear and tear excepted, known as No. 616 W.. Hookins
Avenue
which property purchaser
$ 65.000.00
agrees to buy upon the following terms and conditions, for the purchase price of
,payable as follows: $ 8.000.00 hereby receipted for, $ 57 . 000.00
in the form of a cashier's check or certified funds at closing.
1. If a note and trust deed or mortgage is to be assumed, the purchaser agrees to pay a -loan transfer fee not to
exceed $ none and it is a condition of this contract that the purcnaser may assume such encum-
brance without change in its terms or conditions except none
2. Price to include any of the following items currentl)' on the premises: Lighting, heating and plumbing fixtures;
all outdoor plants, window and porch shades, venetian blinds, storm windows, storm doors, screens, curtain rods, drap-
ery rods, central air conditioning, ventilating fixtures, attached TV'antennas, attached mirrors, linoleum, awnings,
water softener (if owned by seller), fireplace screen and grate, built-in kitchen appliances, wall to wall carpeting
none -
all in their present condition, free and clear of all taxes, liens and encumbrances except as provided in paragraph 4;
provided, however, that the following fixtures of a permanent nature are excluded from this sale:
none
3. ~1in1Klxc4'xitlactxlX:;Q:id>q(OO:~~~~~XlxA current commitment for title insurance policy in an
amount equal to the purchase price, at seller's XqnUclX>>KZt expense, shall be furnished the purchaser on or before
Februarv 15 ,19~. If seller elects to furnish said title insurance commitment, seller will
deliver the title insurance policy to purchaser after closing and pay the premium thereon.
4. Title shall be merchantable in the seller. Subject to payment or tender as above provided and compliance with
the other terms and conditions hereunder by purchaser, the seller shall execute and deliver a good and sufficient
,general warranty deed to said purchaser on ' date of closing Exhibit-~
or,by mutual agreement, at an earlier date, conveying said property free and clear of all taxes, except the general
taxesfor19~pa)'ableJanUarYl.19~,andexcept none ' c -". -
free and clear of all liens for special improvements now installed, whether assessed or not; free and clear of all1iens
and encumbrances exC'ept ea~envpts for telephone, electricity, water and sanitary sewer. and except none
and subject to building and :tOning regulations, and restrictive covenants of record. Any encumbrance required to be
paid may be paid from the proceeds oftbis transaction.
6. General taxes for 19--1..8.... shall be apportioned to date of delivery of deed based on the most recent levy and the
most recent assessment. Prepaid rents, water rents, {'ewer rents, FHA mortgage'insurance premiums and interest on
encumbrances, iran)', and none
shall be apportioned to date of deliver)' or deed.
No. SC 2()..lo..75. R~ipt and Option Conlract tR~id~l!liall- Br.d(ord PublishingCo.,18U..f6Stout Street, Denver,t;olonodo ......&-7'7
d. It is understood that the purchaser's $8,000.00 earnest money will be used
earnest money for the ,-ler's contract attached as Ex" "it A.
e. This contract is~t assignable or transferable ~purchaser.
.
as
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300 E. Hyman Avenue, Aspen, Colorado
Seller's Address
616 W. Hopkins Avenue, Aspen, Colorado
Purchase"r's Address
Seller
/c.1~"'-/?7
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Seller
Jam. ca
Xklt"""-=l<!HXxbbexrll<CIDt:<l~ >oL"<;?1><K'"
~=lci~~:<ocJdm<
~"""~~~~~l{ll:Jctw
sol<l''''>J<''Ii><l<.ill,"!orn'''~ID''>ll<Mlnlllm;<l>uc<>.1<=-''_~l?lll$M~-=~rQK
Date
Purchaser
By:
','
-211-.77 Agent
Date
-,
~
Harry Sh
11. Additonal Provisions: This contract
a. Execution and closing of
James J. Mollica
b. Subdivision exemption from
c. Purchaser receiving a loan
IS, 1978.
12. Upon approval hereof by the seller, this agreement shall become a contract between seller and purchaser and
shall inure to the benefit of the heirs, successors and assigns of said parties.
Aspen on
from the
the City of
committment
or before February IS, 1978.
Bank of Aspen by February
is contingent upon the following:
the attached Exhibit A, Contract between
10. In the event the seller (ails to approve this instrument in writing on or before December 25,
19~, or if title is not merchantable and written notice of defects is given to the seller or agent within the time herein
provided for delivery of deed and shall not be rendered merchantable within 30 days after such written notice, then this
contract, at purchaser's option, shall be void and ofoo effect and each party hereto shall be released from all obligations
hereunder and the payments made hereunder shall be returned forthwith to purchaser upon return of the abstract, if
any. to seller; provided, however, that in lieu of correcting such defects, seller may. within said 30 days, obtain a
commitment for Owner's Title Insurance Policy in the amount of the purchase price showing the title to be free from
such defects and seller shall pay futl premium for such Title Insurance Policy.
9. Time is of the essence hereof, and if any payment or any other condition hereof is not made, tendered or performed
as herein provided, there shall be the following remedies_ In the event a payment or any other condition hereof is not
made, tendered or performed by the purchaser, then this contract shall be null and void and of no effect, and both parties
hereto released from all obligations hereunder, and an payments made hereon shall be retained on behalr of the ~f'!!er as
liquidated damages. In the event that the seller fails to perform any condition hereof as provided herein, then the
purchaser may, at his election, treat the contract as terminated, and all payments made hereunder shall be returned to
the purchaser: provided, however, that the purchaser may, at his election, treat this contract as being in full force and
effect with the right to an action for specific performance and damages.
. 8. In the event the premises shall be damaged by fire or other casualty prior to time of closing, in an amount of not
inore than ten per cent of the total purchase price, the seller shall be obligated to repair the same before the date herein
provided for delivery of deed. In the event such damage cannot be repaired within said time or if such damage shall
exceed such sum, this contract may be cancelled at option of purchaser. Should the purchaser elect to carry out this
agreement despite such damage, such purchaser shall be entitled to all the credit for the insurance proceeds resulting
from such damage, not exceeding, however, the total purchase price. Should any fixtures or services fail between the
date of this agreement and the date of possession or the date of delivery of deed, whichever shall be earlier, then the
seller shall be responsible for the repair or replacement of such fixtures or services with a unit of similar size, age and
quality or an equivalent credit.
If the'seUer fails to deliver possession on the date herein specified, the seller shall be subject to eviction and shalt be
liable for a daily rental of$ nonp- until possession is delivered.
, ,
~"~1 ., ,H
.' :ublect'to th; folIowiilg!eases or tenancies:-'
'_. :"I~ : "'IT.~ ;;"_ - , , .:-... ~. - ' ;~: -r" ..._~,'~;
. - None
date of closing Exhibit A.
7. Possession o(premises shan be d'eliveredto purchaser on
Chuck Vidal
6. The hour and place olclosing shan be as designated by
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MEMO
TO: KAREN STANFORD
PLANNING
TOM JONES ~
ENGINEERING 'ff
FROM:
DATE:
January 11, 1918
RE: Exemption Request
Lots K-P, Block 25, O,A.T.
We recommend that Lots 0 and P be required to ~onsent
to and join in any improvement district formed for
construction of curb, gutter, and sidewalk, This will
be required of the other two parcels whenever a build-
ing permit is requested, Curb, gutter and sidewalk is
slowly going in along Hopkins and we would like to see
this trend continue. Approval of this request is recom-
mended.
jk
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CUSTOMER
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CITY OF ASPEN
FINANCE DEPARTMENT
"
CASHIER'S RECEIPT
01-111 LICENSES & PERMITS
511 0 BUSINESS LICENSES
512 0 SALES TAX LICENSES
513 0 BEER. WINE. LIQUOR LICENSES
514 0 CONTRACTOR'S LICENSES
516 0 LIQUOR LICENSE APPLICATION
517 0 DOG LICENSE
518 0 CENTRAL ALARM LICENSE
519 0 BICYCLE LICENSES
520 0 EXCAVATION PERMITS
521 0 CONSTRUCTION PERMITS
522 0 ELECTRICAL PERMITS
523 0 PLUMBING PERMITS
524 0 HEATING PERMITS
525 0 SEPTIC TANK PERMITS
01-111 FINES & FORFEITS
561 0 COURT FINES
562 0 COURT BONDS. FORFEIT
563.01 0 TOWING FINES - IMPOUND
563-02 0 TOWING FINES - NOT IMPOUND
564 0 TRAFFIC FINES
566 0 FALSE ALARM FINES
568 0 DOG IMPOUND FINES
569 0 OTHER FINES & FORFEITS
01-111 OTHER MISC. REVENUES
579 0 MAPS, CODES, ZONING REGS.
589 0 OTHERS (DESCRIBE)
01-988-632-03 0 XEROXING (DESCRIBE)
o OTHER. ACCT. NO.
DESCRIPTION: (NAM~, NUMBER, ETC.):
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RECEIVED FROM
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CITY OF ASPEN ..
MEMO FROM KAREN SMITH
12-21-77
"
Dave,
Please find attached two requests from the definition
of subdivision. One is for Marjorie Jenkinson and
the other is for Bill DruedinQ. Descriptions of the
property are also attached. We are tentatively
scheduling both of them for the P&Z meeting of January
17th. May we have any comments that you may have
before the 17th.
Thank you.
Karen
.
"-,,/
(Subdivision, Exemption from
FEE SCHEDULE
Subdivision,
Rezoning, Park Dedication)
Name of Project:
Bill Druedinq, Subdivision Exemotion
Address:
Lots K, L, M, N, 0, and P of Block 25
Applicant's Name: Jim Mollica
Phone: 925-89B7
Applicant's Address:
Mason and Morese Building, 315 East Hyman Avenue, Suite 209,
Aspen
FOR ZONES WHICH ARE R-15, R-30, R-40, RR and CONSERVATION the Subdivision Fee
Formula is as follows:
Conceptua 1
$100 + $5.00jdwelling unit
+
Prel iminary
$22.00jdwelling unit
F i na 1
$3.00jdwel1ing unit
FOR ALL OTHER ZONES the Subdivision Fee Formula is as follows:
Conceptual
$100 + $60.00jacre of land
Preliminary
$280.00jacre of land
Final
$35.00jacre of land
* EXEMPTION FROM THE DEFINITION OF SUBDIVISION FEE: $50.00 ';'.1;2.-..;z/-1'l
REZONING APPLICATION FEE: $125.00 (once a year)
PARK DEDICATION FEE SCHEDULE
nrearm or P:"JC[[S;Nl~S
It:' t!'.1>CS
eurt'('nt m;ukL"t v.1luc of a pl.~rC'ent.:lgc of the
land propo<.cd as the development site. the
percentage of the l.:l.ud being determined at the
rate of tlo:O and or.c-half (2')) acrc~ for every
one thousand (1.000) residents of the propo~cd
development' (thilt is, the numb~r of residents
multiplied by twenty-five ten thousandths
(.0025) of an aere per resident). Thc number
of residents attributable to the development
shall be calculated in the following manner:
~ype of Dwellinq
Number of Residents
Per Dwellinq Uait
Hulti-Family
studio 1.0
one bedroom 1.3
two bedrcom 2.7
three bedroom 4.0
and 1.3 for each additional bedroom
/
Single Family or Duplex
onc bcuroo::l.
two bcd:rc:;.~
threc bcc.~.oo:;'\
and 1.3 for each additional
1.3
2.7
4.0
bccl:room
A duplex st::,uc'::.u:re shall consti~'..ltc t'l.'O dl<.'cl1ing
unitB for t~~ pu~?o~es of t~~s s~o5e~ti6n.
(3) An (.'x..1;:"plc of the a?plic.::!~io:1 of the- above
formula is ?os follo~..s. ilssu~inq the construction
of olle single L,~ilr r('~;id...~flC(,. ccntai:1ing t'l."O
bedroo~;t, on 01 lot cont.J.in:':1q 15,COO s~J.:.l.J.ro fect
with a r.l.ukl't value of $65,000..:10 (or $4.33 per
square foot):
2.7 (2 hedroom ~ 2.7 r('~id('nt5) x 0.0025 acres
): 43,560 (~''1l1.!r.c f,~et l-'C'r .1CH') x $4.33 (r.l<lr-
k(.t v.due oJ. land I'cr :i'1\lar<' foot) ... ~1.27J.15
(h) Unirlpnwcd 1.l1lu !ih"ll b.... npp:-;li!;ed .1t th('!
curr("lll rll:i:..::.l \',dul' of ltl\' !:,;i tl,' Jlh:ludlnq it:~ vi.lluc
attlil'uLll,t...' ~o CUlt.. ql1ltt'r~;. :-,ty-,-t'l, !i:.d,'\~,tlk
lInel l1lilttL':, 1!. in~'t..llh'd "11 t~H' (:.ltC' 0: .,,'r:nit
!C!ill,'llh"'. jl:I)'r,'\",',~ l,lll_!'~ :,h.:ll l,,' d;'l'r.ll~:..cl ,~c,:nrdl.n'"'
to their hi.}h,'"t dll.l "L'~;t. ll~;":' l.lI-.ln'l .lIlLO eLlll~;i"'-'[".:t-
lion ('xil",t.illt'l :;(.nW(.\lrl':> ....h.'tlwr C'c not they .1n~
confut-min'J. .,'l.I!"f;,'1 .....du,. lll_lY IH~ ~;l.:t':;t,lntl~ll,'d by
. dOCUIllL'llted pun'h.!!'" pric(' (if dll ..rm's lClliJlh
tl-dll~,.ll:l i('n nol l;H'I,' llhlll t'l."O Yl..\r~: L'lJ) 01 by .Iny
other ro::("oqni;~I'J r:lL'.ln~J; ~)rovhkd tlhlt il!i:iczscd