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HomeMy WebLinkAboutcoa.lu.ex.Lots-O&P-Blk25.1977 '''-''~'.'"~'~~~~-''''''''-- -- :--,..,,/ ~ ,.,,/ 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 ./}/'-(~ . ~~~yyyyVYY~YYYYYYYYYYYYYXYYYYYXYXYY~~~XYYX~~~ H3<OC~iDCilm{ .~~l'l><!IDdlblo:J<JdlOO<;~Hbbe ~ .~'C_ -~ 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 ,-,e,., --'"' , 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 ~"'-,.:_. Street, Aspen, Colorado 81611 ~ ~ 611 W.Main o 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. '.', , .., ~ .'1 - '. 'or; ;;"::;";":';'.:":':"':. none . _... .:L~~f!.: ;:- ::.........., _,.}:.....~..~_.: ~:::.\: :':'.,.~. . '." :'-;'" .~.. .. s_ubject ~!>_t~e _rono~~n~ Ieas:s o.r te.'"'-ancies: _ ._.. .~._.. . _*'_~ ~ . u _.~. _..., ,_._'" '.,..- ..- 0.. , 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 :1' = -~~... .:.=.:.--:. -- -.- - '~, ~,.,'~.,.,.. ""'l_c__,.. f ... . -, ~ I !-- EXHIBIT A , " ;. .J I I I I I I I I I j i _____ , - . SIXT H S1: -I I...U..,.. '00.'" " Ii r --- I I . , . ~ r I r .. .. I I % 0 " x z .. ,. : < !" : " . !- , " I I I- i j I 1- -,--,., ': l- :I;~ii: rEi"::: i ; =::.;:: . :;:;:' I .. !;": c.::::: ! ~~:E~~~~ -.. a s r = :i;::~i .. " : ..: :;":-;.. ;: !; ~:: ~ E ~ ~ ,;.; ;,-; --':~~ wm -1? '<,.., .. "" 1;;-.. '\~_\.;:::.. F\ : ~-<;",j: \t-b.' ;S/'.j,: ;.~/ i:;;: ~. J.. ..: i:<"~ ;: L, ;" r: :.. ~ ..'.... :-. ~: .. , ......... ". ~ ~ ~!' i I I 1 I I , I I J I t I I I '/ I I I j I I I I I . 1 I I -- I i i I . I ,.1 .z i . . I I I I -1-----: , < I , , . ! o . . ~ , , -..,...--- ~ .- o -1 .. M C " < .. .. ,. .. " '" 2~:lli: .. O.r ne>- ox" ~~:z ~ '" 0 .. ~ .. o " "~ :$ ;;; .. . . ,. ~~ ..,..'..-. ...... "'... ... ;:: :;:11I. ~ ~ : f:Io ; -. ~ ~ 6 or; ~ -.!'o .l( ! -~!.- . ----;:>- ~ " J__ - . - 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 .' '~>~---'''"~-----~--~~'~._-~~--,~, .~'----,~..-"~. "..., ,I , 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 - 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 . ~ , - 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 --- ,-,-~ .----- ----_._-~- ._~._-- - "' "' 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 . ~_._-.._.. - ..IL=-.t.o.__ December 19, 1977 Af.~;.;:[,:~.'. ..." ....f'". iJ......,.... ROUiE Mr. William Kane City of Aspen Planning Department 130 South Galena Street Aspen, CO 81611 ~."... __'.. . <_ '~,T,'. ~,~.'~_ 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 :", ,'. ~ ... '. ~j q .,1 I".' f J ,~ H(,!)!ll dr 1.10'<'1 i li'I 1!;)J(~n cj I 'J ('I lit: I(:.i ) '-lill\11011''1' LJ, l'J'IH :::j<. ~;(JI',JJI''''I(~lil:! ! 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'l'!Li.~; \': 1 ,1 cp~riIU' Kill1(~ :;,el it! t \':c1~, ;'o~~!J.J tj:,::l U,n <lnd 3 in '.'h('~~ 01: thc' j".:c k. ,]'hi,t~ to the. j:;i'; or C()uJ(': c;u to 1.11'.' th(~ ('.l~;(':'("n1 ViOllJd I'C' he jLt'r, t1 ~IOO ~;l~,l 11'(' feel.. 'j'lJcn~ i-n:c t\'!)(: of (,;,;,;'::'l.](I:'1 J:c'qlj(~.'~l', ~;plittil1,'j \Ii" li1nr] in c;':l1(;:{ iut l~" \\'llicil ~" 1,000 ~;ql.~:;r(:: fecl ,- a p'jnir:luHI si;. l()~. J ~;i~, the,d:lc' l '!();'\C:):(';; CJ:! lo~ s K G j ncllC'~: O!I t ]", f "c'; Cd;~ be' rC);lc::j c:,l C:l l:hcl- hy i1f1 (-'<l"cn;r,:,', f1'or~l J,l~j. ,I, )', in,' H()~l':'(1- O.r: l\d':,l,;~l:'" }(:IIII' 'lid the' 1,1:llHlill~1 or~i,' f,'j' '1'1](' ],'j\1.; j~,; .~',:l by rj\~lij \;hich cOi.l.lrJ b.:' u btli1 iWl Ci )",(J :.:(,j back j"C L~ui 1 ,,-':'H'IJl.:o; ill tllc' CC zone', COtlnci]F),n 1'.'11-1',/110\'\',1 to ZJprr-.;\'l' th." r:ulx1jFif;inl, c'xe:ljlt':;(ln; ~_'('C'C>1)(;, COllnci]\.':(~I1,:'Jn :J(Jhn"tu~, ':1(jJec! tLlt t-iq~ i1j,'V;'l~i:::j,,~'c p;J:'l; ('!r'i.\iC,iljn)"j f(", the Vdril1,l Jot. 7',11 in fa\.'ol', l!loLiol1 cclrl'iC'cl. Ly COUllCjJ;'~I; v! :::J(;~lJ d be' i 'J' to , ,,c I j' ~. 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'ril('H' i,-~ ~IJ~.(J exc,',,:,;.i'.'l' c"",t~; [(~r th" unJi." .l:'~d (1Vl'l"C)p'",.-l.int.;, r<s, C (');pldinc'c: 1'1l;;1 the' Cuullcil 1l~1,: to qo thl'Ollql: [11; prc'Cl' ;l(i;:;in b,'C,'~:'C' it \,'d~ ,,)1 propc'rly dOClllt'icnLcd tJg' fin::i tj;\E". nayor SLllld.1v)' cJ(l~:(',.1 the puhJj(' c(i.1rjn~l. , " COllllCj ht;,~! \':i~;h;lrt l:\(''''c(] thal lIH' Cl)lll1ci] tL':\lj IW [nullc1 Ul"l i'lle' lJ,:"i c ;L~l"tl cr.i t t.ri.l ha\'(' !led l'('l'll J:H-[ IOl lIousinq \,,'j11'.~IL thv Ciiy of h~~'f','n, thl' 1','-:;)(.':1 City Cnu;lcjl 1:;' l'C'I-(\' l'~~;t ilhl i ;;j!(;~; a hou~j 1l'J i.ll:thnri 1'1'; ~.;l'cond(",1 by CO!] :ci 1\"0::;;))) ,1(1)lll:;lo:~. h! 1 in t,]','l'~', motjon l~<lrl:i('d. C(lUl1cillll.11l .lohll~:; [ell). h' j ~" hi! J ^l] in l\',:'d r-;l\.;'-'I, to rc,Hl j~<'~.;nlutjo~; fI~C)t:i on c;: r J.'icd. .., Scri l of ] 9"/ R; s~,,':))\(i('d Ll'}' CC'\l:Il' i l\';n~'. HESOLl1'rTO~l !' ',l (Scri(~;~ (11 1 :J"/f:) BE .l'j' ],~E:~OJ,vE]) , 'j'i:~' el'J'Y C\]~;:":(,ll. (IF-' TI:r: ('~~'i'Y 01" ,\;~~T'<, cnI/)J~;d)(): 'I'll;\\ ,1 1,,~t'iLl()11 L,,\'i.l') 1)('('11 iill'd \'.'itll l)lt' ('it)' ('ll'rk (-' ~;,:Iid Cit.y to t\,'l'!lty-'J.1Vc' (2~l) u':;id('llLr; 111('1-('('[", ~',('ltin~l [ort1: t11,\L UH'l'(' i~~ a JlCl',-\ rOl :1 Ill)\]';ill'l ?\utlhCl) ity l(\ ~uHct'i(l1l tlU'l','.111, <)nd d p;dllic Ll:,lrin~l havin<: J,f'{'ll held, \I\1:,\)\ dUl' nOi..:i",' q.i\-'('!l by ~;,~id ('.ity Cli-'lf: <Ill Plll:,u,;nt to tIn' lllioll:;ln<l l\ul1J~)l j j i (':'; Lx,'" l)r till' ;;1.:\1 l' l)f ('0](0] :1,](', <1:,: :1i\1('lhl('f!, ! Ill' Cd Y COUllCj] or ~;:lj(! city file'I::, ,!l.'tpt'l1lilF':; and d(,(~1.1l('~, th.ll: 1. Uli: ,i,nil:\!'y i.~ntl U;l:,:l['l' ilJ!I,ll,j~,l',i cl'\'l'l.l ill'l ;ICl'(\Il\:\l;'hl,lt ipn::; (':d~.;( 1 !h' C,i ly of i\;;P('ll, CClllll',L;(\; d'l.l 'J':ll'n:' .is ,1 J,lcL (.! ~:;Ij\,' ,'11..] ~;.Jllildl'Y <i\;cllilH: <te\'tll lh,' Ci ty p( 1\~'l)('Ij, CC)JOI',I<!,I, ,t\'di Llhl.' 1,'.1 ,1.11 lijl' I h('ll'Or, dlld ill 7.. !tl,1:1li,on:: I" i )111,11'1 tant:, 3. ']'111'r,' i~, d n"'I'd ["I)t- n llnw:illq 1\uthol'i1y to (unclipl1 ill th0 C.iLy o o Recorded 11:17 A.M. Rec'"l'tion II >. r~~ l. \~) 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 J1 ~..~. ~.. j ";/ .. / Zr~~ . 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. ,.. '0,,'." . l"f"- " . " D(~U10IHolllc.(\.... o .:> ~@K,:J44 ,,~~i: 21 STATE OF COLORADO ) ) ss. 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 .,'.. p{"~\\('" r, ->.... } u "" ". () '/~:::' ~. .,r,.... .._ .;:~\.~' .}/- rn' Ch~~ 0+)/;"'-6) Notary Public 2. - - F ~ i' 1'- I I I. ,. : 1- !' .t I' i' i , . I ~ . . . i , i " i l ", .: ~ .-~ 1Hni ~ I!?..':--"w.. . lei(; jHHllH \.)-......<1 '.. _ .. . , '''.&'.~ .il;~:: I: I: '" ~ jl?'> ;;'" j' i. ...::,:' r'I" .. ~ , , iL... ..: r- :i.: :.: f; ~ ;r:<ifE~~: ~ :'~ (")~:. ~ 0'" ..ii' 0,",1: .. :! ~'l bN"'Z r- ... :~ ;gUIle ~ ;-.~:~ fP ~ ~; 0 "'Cl ;r. '.. '" IE ! '" !'- ..", , . , I 1__- ~ --~-- , . ~ :r o .. :! z en .. < !" /......... "-,,; EXHIBIT A , S'XT H ST. -I '''.10'".. ''''',00' . -------- ~ . -- --------- . : . z , I I , , _ - - ! 0---, i --- ---------- . :. I I , ! , I I -1--;- ! ---------- o . . I , -_..,,-,'.. - . .~ '~ .'''U'..-. I.... ~~- . .. ~ ~ ~ ~ I I I I I I I I I , I , I I ~. - ~ .,"' 'I."."'" rh, p,;.'" p""o. or thb ro,m app,o',' by tb, I 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 "" ....... ....... ,J .....,""' ,... .~ 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 $100,000. 2. The remaining four lots, or say, two building sites, are presently vacant and would cause no tenant displacement and further would not necessitate the 90 day tenant option. 3. I do not feel the 6 month mlnlmum lease requirement should be in effect on the subject property, however, if council so desires, I would be willing to abide by this restriction. 4. The subject lots will be developed with two single family residences of high quality to support the expensive land value. This subdivision will not reduce the supply of low and moderate income housing, however, I note that the low cost of Mr. Drueding's property will somewhat accommodate this housing ordinance_ requirement. In summary, this subdivision exemption request will not increase density require- ments or tenant displacement. Since it is part of the original Aspen Townsite, this subdivision will only be a "name transfer" in accordance with the existing R-6 zoning. If further information is needed regarding this matter, please do not hesitate to call. Thank you for your time and consideration. Sincerely, purchase II James J. Mollica, R.M. Appraiser-Consultant JJM:sfy '"' ~, \ ",) -- The printed portion or this form approH'd by the I Colorado Rul E~tate Commis...ion (SC 20-10.75) RECEIPT AND OPTION CONTRACT (RESIDENTIAL) December ~ ,19-.ZL RECEIVED FROM William L. Drueding Purchaser(asjoint tenants), the sum of$ 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 $8,000.00 earnest money will be used earnest money for the ,-ler's contract attached as Ex" "it A. e. This contract is~t assignable or transferable ~purchaser. . as .- 300 E. Hyman Avenue, Aspen, Colorado Seller's Address 616 W. Hopkins Avenue, Aspen, Colorado Purchase"r's Address Seller /c.1~"'-/?7 , ~.~ Seller Jam. ca Xklt"""-=l<!HXxbbexrll<CIDt:<l~ >oL"<;?1><K'" ~=lci~~:<ocJdm< ~"""~~~~~l{ll:Jctw sol<l''''>J<''Ii><l<.ill,"!orn'''~ID''>ll<Mlnlllm;<l>uc<>.1<=-''_~l?lll$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 - -'- ~'-- ~'- ~-' ~--,--,~ - -,_.. - - ---- -- -,,-- '" ,.;I 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 " , 'I c, ., . . ., , .' . /'-~ I" ",J I ,.. '.'--- -,-- CUSTOMER ~I:' ' 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.): . , , -" ......,_..--.;T'-_..~ C;:' .' } f- (/(,(-r:---I~ :.L,o-..-,,"--, ';.'-)"'(-"/_7'/ c- ---~. 3~,' .",." ''\, L, iL( /' --, '- r 1 1 ;~~:::: .J...._ '..)........, I' . (~ .~2- ~~,,~~L.I~A~~~_~. '..L...... , /' '7! c. RECEIVED FROM ~ , .....~.. -,. ~ . '" '. . , ,i.J .., . . .' , . - . 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