HomeMy WebLinkAboutcoa.lu.co.Central Bank 420 E Main St .A37-93Central Bank Condominiumization
2737-073-14-001 A37-93
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ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
(303)920-5090
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LAND USE APPLICATION FEES
3
CITY:
-63250-134
GMP/Conceptual
-63270-136
GMP/Final
-63280-137
SUB/Conceptual
-63300-139
SUB/Final
-63310-140
All-2 Step Applications
-63320-141
All 1 Step Applications
-63330-150
Staff Approval
-63432-157
Zoning Plan Check
-63432-157
Sign Permit
-00100-00000-31070
Use Tax for Sign Permits
HISTORIC PRESERVATION:
-63335-151
Exemption
-63336-152
Minor
-63337-153
Major Devel.
-63338-154
Signif. Devel.
-63339-155
Demolition
COUNTY:
-63160-126
GMP/General
-63170-127
GMP/Detailed
-63180-128
GMP/Final
-63190-129
SUB/General
-63200-130
SUB/Detailed
-63210-131
SUB/Final
-63220-132
All 2 Step Applications — —
-63230-133
All 1 Step Applications
-63240-149
Staff Approval
-63450-146
Board of Adjustment
-63235-148
Zoning Plan Check
REFERRAL FEES:
-63360-143
Engineering - County i
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00115-63340-163
Engineering - City
00123-63340-190
Housing ---
00125-63340-205
Environmental Health
PLANNING OFFICE SALES:
-63080-122
County Code
-69000-145
Other (Copy Fees)
TOTAL �� � � = �
Name:
Phone: '
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Address:
Project:
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Check #: 2 i J Date:
No of Copies: /
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 08 02 93 PARCEL ID AND CASE NO.
DATE COMPLETE: 2737-073-14-001 A37-93
STAFF MEMBER• KJ
PROJECT NAME: Central Bank Condominiumization
Project Address: 420 E. Main St.
Legal Address:_E2 Lot L, all of Lots M - S, Block 86
APPLICANT: Ron Garfield & Andrew Hecht
Applicant Address: 601 E. Hyman, Aspen, CO 925-1936
REPRESENTATIVE: Sunny Vann
Representative Address/Phone: 230 E. Hopkins
Aspen, CO 81611 925-6958
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FEES: PLANNING $ 942.00 # APPS RECEIVED 3
ENGINEER $ 93.00 # PLATS RECEIVED 3
HOUSING $
ENV. HEALTH $
TOTAL $1035.00
TYPE OF APPLICATION:
STAFF APPROVAL: 1 STEP:
X 2
STEP:
P&Z Meeting Date
PUBLIC HEARING:
YES
NO
VESTED RIGHTS:
YES
NO
CC Meeting Date
PUBLIC HEARING:
YES
NO
VESTED RIGHTS:
YES
NO
DRC Meeting Date
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REFERRALS :
City AttorneyJ
Parks Dept.
School
District
City Engineer
Bldg Inspector
Rocky
Mtn NatGas
Housing Dir.
Fire Marshal
CDOT
Aspen Water
Holy Cross
Clean
Air Board
City Electric
Mtn. Bell
Open Space
Board
Envir.Hlth.
ACSD
Other
Zoning
Energy Center
Other
DATE REFERRED:
FINAL ROUTING:
City Atty
Housing
INITIALS: DUE•
DATE
'City Engineer
Open Space
FILE STATUS AND LOCATION:
ROUTED: INITIAL:
Zoning Env. Health
Other:
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TO:
THRU:
THRU:
FROM:
DATE:
MEMORANDUM
Mayor and City Council
Amy Margerum, City Manager
Diane Moore, City Planning
Kim Johnson, Planning
September 23, 1993
Directo
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RE: Central Bank Property - Subdivision Exemption for
Condominiumization and Vested Rights - Second Reading
Ordinance 46, Series 1993
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SUMMARY: The Planning staff recommends approval and second reading
for subdivision exemption for condominiumization and vested rights
for the existing structures at the Central Bank Property located
at 420 E. Main Street.
PREVIOUS COUNCIL ACTION: None.
COMPLIANCE WITH ASPEN AREA COMMUNITY PLAN: The AACP does not
specifically address condominiumization of buildings.
BACKGROUND/PROJECT DESCRIPTION: This CC (Commercial Core) zoned
parcel contains three existing buildings. One structure houses
Central Bank, one structure is used for offices, and one structure
consists of 12 unrestricted apartments. The entire parcel is
22,500 s.f. in area. There are 21 on -site parking spaces, twelve
of which are within a gated parking lot. All spaces are signed for
bank use only.
The proposal is to create two condominium units, one encompassing
the Central Bank building and the parking lot to its west and the
second parcel encompassing the one story office building, the
apartment structure and the courtyard between the two. Please
refer to the site plan and the approximate location of the proposed
condominium boundaries, Exhibit "A".
CURRENT ISSUES: Pursuant to Section 7-1007 condominiumization of
existing developments is exempt from subdivision and shall be
approved by City Council. Condominiumization of an existing
commercial building (subdivision exemption) and vested rights are
non -discretionary actions by City Council. There are no review
standards or mitigation requirements contained within the Land Use
Code for condominiumization of commercial structures, however,
Engineering plat requirements must be met with the condominium plat
prior to recordation. Complete referral comments from the
Engineering Department are attached as Exhibit "B". Staff would
like to remind Council that revisions to the residential
condominium regulations are forthcoming to Council on October 12,
1993 for first reading.
Staff is also including vested rights by ordinance for three years
pursuant to Section 24-6-207 of the Municipal Code.
In staff's memo for first reading, one concern had been brought up
regarding the on -site parking. The parcel is currently non-
conforming as it relates to the required number of parking spaces.
It has been determined through research of information from the
late 1960's that parking for this property was not required by land
use regulations. Approximately 23 spaces would be required by
today's land use regulations for the commercial structures on the
property. Currently all 21 spaces on the parcel are posted for
bank use. Originally staff wanted to insure that the small office
building retain some parking spaces for its employees and patrons.
However, as condominiumization is strictly an ownership situation,
the City Attorney has clarified that Council cannot mandate through
condominiumization a division of the on -site parking, nor require
new parking to be added.
The proposed approval ordinance lists the following recommended
conditions:
1) The applicant shall agree to join any future improvement
districts which may be formed for the purpose of constructing
improvements in the public right-of-way.
2) Prior to the sale of either unit whichever comes first, a
condominium plat must be approved by the City Engineer and
recorded by the Pitkin County Clerk and Recorder. This plat
shall meet the requirements of Section 24-7-1004 D. of the
Aspen Municipal Code as well as the comments of the
Engineering Department review memo dated August 10, 1993.
3) A Subdivision Exemption Agreement shall be submitted and filed
concurrently with the Condominium Plat.
4) All material representations made by the applicant in the
application and during public meetings with the City Council
shall be adhered to and considered conditions of approval,
unless otherwise amended by other conditions.
FINANCIAL IMPLICATIONS: None are anticipated.
RECOMMENDATION: The Planning Office recommends second reading and
approval of Ordinance 46, 1993 for condominiumization and vested
rights of the Central Bank Property.
ALTERNATIVES: Council could alter staff's proposed conditions
affecting the condominiumization approval.
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PROPOSED MOTION: "I move
46, Series 1993 approving
the Central Bank Property.
CITY MANAGER COMMENTS:
Ordinance 46, 1993
to approve on second reading Ordinance
condominiumization and vested rights for
if
Exhibits:
"A" - Proposed Condominium boundaries
"B" - Engineering Referral memo
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APPVOV" 19 —
By or3 ceh
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To:
From:
Date:
Re:
• ay Council Exhibit_
Approved , 19 _
By Ordinance
MEMORANDUM
Kim Johnson, Planner
Kate Foster, Project Engineer
August 10, 1993
Central Bank Property Condo Application
Having reviewed the above referenced application and having made a site visit, the
Engineering Department has the following comments:
1. Encroachments - An encroachment license is required by the City Engineer for all
encroachments listed, but not limited to, by the surveyor on the submitted plans. This will
include the planter that extends onto the sidewalk in front of the Bank's parking lot.
2. Parking - Identify all parking spaces, all meeting the dimensional requirements of the
City Code. Parking lot gates must also be shown on plat as these are a major structure
on the property.
3. Utilities - The transformer encroachment should be converted to a utility easement.
Also, a 4' by 10' easement located somewhere on the property, perhaps on Lot Q, in the
parking area, is required for future use. This will allow the utility pedestals and meters
to be moved out of the ally right-of-way.
4. Trash - The plans do not indicate a trash storage area. The final plat must indicate a
trash storage area on the applicant's property and not in the public right-of-way.
5. Language - The final plat must have the Surveyor's Certificate contain language that
all easements and recorded encroachments indicated on title policy number , dated
have been shown on the plat.
Recommended Conditions of Approval
1. The applicant shall agree to join any future improvement districts which may be formed
for the purpose of constructing improvements in the public right-of-way.
Page 2
Kim Johnson
August 10, 1993
2. Prior to the sale of either unit, a condominium plat must be filed which meets the
requirements of Section 24-7-1004.D of the Municipal Code and the comments of the
Engineering Department review memo of August 10, 1993.
cc: Chuck Roth, City Engineer
Bob Gish, Public Works Director
cenmdhankc ndo
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CBI Properties, Inc.
July 28, 1993
Kim Johnson
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, CO 81611
Dear Ms. Johnson:
AUG
The undersigned is the owner of the east half of Lot L, and Lots M, N, O, P, Q, R and S, Block
86, City and Townsite of Aspen which is the Central Bank Property at 420 East Main Street in
Aspen. The undersigned hereby authorizes Ronald Garfield and Andrew V. Hecht (which
individuals have a contract to purchase a portion of the Central Bank Property) to submit and
process an application with the City of Aspen for subdivision exemption approval to
condominiumize the entire Central Bank Property into two (2) condominium units as more fully
described in the application to be submitted by Vann Associates, Planning Consultants. Actual
record title to the Central Bank Property is in a predecessor corporation known as First Aspen
Corporation; however, CBI Properties, Inc. is the real owner and will be the record owner when
we close our contract with Messrs. Garifeld and Hecht.
Very truly yours,
CBI Properties, Inc.
Tom Tearney (�
Authorized Officer
1515 Arapahoe Street / Denver, Colorado 80202 / (303) 820-4342
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VANN ASSOCIATES
Planning Consultants
August 2, 1993
HAND DELIVERED AUG
Ms. Kim Johnson
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, CO 81611
Re: Central Bank Property Condominiumization Application
Dear Kim:
Please consider this letter an application for subdivision exemption approval to condomi-
niumize the Central Bank property, which is located at 420 East Main Street in the City
of Aspen (see Exhibit 1, Pre -Application Conference Summary, attached hereto).
The application is submitted pursuant to Sections 7-1003.A.3. and 7-1007.A. of the Land
Use Regulations by Ronald Garfield and Andrew V. Hecht, the prospective purchasers
of one of the proposed condominium units (see Exhibit 2, Title Commitment). The
owner of the property is CBI Properties, Inc. Permission for the Applicants to submit
the application on behalf of the property owner is attached as Exhibit 3. Permission for
Vann Associates to represent the Applicants is attached as Exhibit 4.
Project Site
As the accompanying improvement survey illustrates, the property consists of the east
one-half (1/2) of Lot L, all of Lots M, N, O, P, Q, R and S, Block 86, City and Townsite
of Aspen. The property contains approximately twenty-two thousand five hundred
(22,500) square feet of land area and is zoned CC, Commercial Core. Existing man-
made improvements to the property include the two (2) story bank building, a one (1)
story addition, the bank parking lot, and a two (2) story apartment building. A land-
scaped courtyard separates the existing buildings.
Proposed Condominiumization
The Applicants propose to divide the property into two (2) condominium units pursuant
to the provisions of the Colorado Common Interest Ownership Act as amended. A
general common element will also be created. Condominium Unit #1 will consist of the
east one-half (1/2) of Lot L, all of Lots M, N, O and P, and the west eleven (11) feet of
Lot Q, excluding the area to be designated as the general common element. These lots
contain the existing two (2) story bank building and the parking lot. Unit #2 will consist
230 East Hopkins Avenue • Aspen, Colorado 81611 •303/925-6958 • Fax 303/920-9310
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Ms. Kim Johnson
August 2, 1993
Page 2
of the East nineteen (19) feet of Lot Q and all of Lots R and S. These lots contain the
one (1) story addition and the apartment building. The general common element will be
located between the two proposed units and will provide a common access to the two
units.
Review Requirements
Pursuant to Section 7-1007.A. of the Regulations, the condominiumization of an existing
development is subject to the receipt of subdivision exemption approval from the City
Council. As no condominiumization of residential or lodge units is proposed, the
provisions of Sections 7-1007.A.1. and 2. do not apply to this application. Similarly, Sec-
tion 7-1007.B.2., which pertains to application contents, contains no requirement for the
submission of a condominium plat or declaration, and their is no general provision that
City Council approve these documents. The preparation and recordation of a condomin-
ium plat and declaration apparently need only comply with state statutes.
As the Land Use Regulations contain no specific review criteria for the condominium-
ization of land, I believe that an applicant need only comply with the general application
requirements of Section 6-202, and the subdivision exemption approval procedure
contained in Section 7-1003.B. The above notwithstanding, the Applicants will submit a
final condominium plat for review and approval by the Engineering Department follow-
ing the receipt of subdivision exemption approval from the City Council.
Should you have any questions, or require additional information, please do not hesitate
to call. As we discussed, I would appreciate it if you would schedule the application for
the August 23, 1993, City Council agenda.
Yours truly,
VANN ASSOCIATES
Sunny Vani f f CP
SV:cwV
Attachments
cc: Ronald Garfield, Esq.
Andrew V. Hecht, Esq.
cAbus\city.app\app22593se
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®Commonwealth
Land Title Insurance Company.
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: 05/18/93 at 08:30 A.M.
2. Policy or Policies to be issued:
(a) ALTA Owner's Policy -Form B-1970
(Rev. 10-17-70 & 10-17-84 or 10-21-87)
Proposed Insured:
RONALD GARFIELD and ANDREW V. HECHT
(b) ALTA Loan Policy,
(Rev. 10-21-87)
Proposed Insured:
EXHIBIT 2
Case No. PCT-7710
Amount$ 1,360,000.00
Premium$ 2,783.00
Amount$
Premium$
Tax Cert. $ 20.00
3. Title to the FEE SIMPLE estate or interest in the land described or
referred to in this Commitment is at the effective date hereof vested
in:
FIRST ASPEN CORPORATION, A COLORADO CORPORATION
4. The land referred to in this Commitment is described as follows:
THE EAST 19 FEET OF LOT Q, LOTS R AND S, BLOCK 86, CITY AND TOWNSITE OF
ASPEN. COUNTY OF PITKIN, STATE OF COLORADO.
Countersigned at: PITKIN COUNTY TITLE, INC. Schedule A-PG.1
601 E. HOPKINS This Commitment is invalid
ASPEN, CO. 81611 unless the Insuring
303-925-1766 Provisions and Schedules
Fax 303-925-6527 A and B are attached.
Authorized office-- or agent
Form 4100
®Commonwealth®
Land Title Insurance Company
SCHEDULE B - SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors
of the full consideration for the estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be
insured must be executed and duly filed for record to -wit:
1. Certificate of Incorporation or Certificate of Good Standing of First
Aspen Corporation issued by the Secretary of State or other governing
body for Corporations of the State of Colorado, must be delivered to
and approved by the Company.
2. Deed, executed by the -President or Vice President or other designee
authorized by the Board of Directors of First Aspen Corporation a
Colorado Corporation To : Ronald Garfield and Andrew V. Hecht
NOTE: Corporate Seal or Facsimilie should be affixed.
3. Evidence satisfactory to the Company that the Real Estate Transfer
Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance
No. 13 (Series of 1990) has been paid or exempted.
4. Evidence satisfactory to the Company that the Declaration of Sale,
Notice to County Assessor as required by H.B. 1288 has been complied
with.
5. Completion of Form DR 1079 regarding the witholding of Colorado Tax
on the sale by certain persons, corporations and firms selling Real
Property in the State of Colorado.
®Commonwealth®
Land Title Insurance Company
SCHEDULE B-SECTION 1
CONTINUED
Exceptions numbered NONE are hereby omitted.
The Owner's Policy to be issued, if any shall contain the following
items in addition to the ones set forth above:
(1) The Deed of Trust, if any, required under Schedule B-Section 1.
(2) Water rights, claims or title to water.
Pursuant to Insurance Regulation 89-2;
NOTE: Each title entity shall notify in writing every prospective
insured in an owner's title insurance policy for a single family
residence (including a condominim or townhouse unit) (i) of
that title entity's general requirements for the deletion of an
exception or exclusion to coverage relating to unfiled mechanics
or materialmens liens, except when said coverage or insurance is
extended to the insured under the terms of the policy. A
satisfactory affidavit and agreement indemnifying the Company
against unfiled mechanics' and/or Materialmen's Liens executed
by the persons indicated in the attached copy of said affidavit
must be furnished to the Company. Upon receipt of these items
and any others requirements to be specified by the Company upon
request, Pre-printed Item Number 4 may be deleted from the
Owner's policy when issued. Please contact the Company for
further information. Notwithstanding the foregoing, nothing
contained in this Paragraph shall be deemed to impose any
requirement upon any title insurer to provide mechanics or
materialmens lien coverage.
NOTE: If the Company conducts the owners' closing under
circumstances where it is responsible for the recording or
filing of legal documents from said transaction, the Company
will be deemed to have provided "Gap Coverage".
Pursuant to Senate Bill 91-14 (CRS 10-11-122);
(a) The Subject Real Property may be located in a Special Taxing
District;
(b) A Certificate of Taxes Due listing each taxing jurisdiction
may be obtained form the County treasurer of the County
Treasurer's Authorized Agent;
(c) Information regarding Special Districts and the boundaries of
such districts may be obtained from the Board of County
Commissioners, the County Clerk and Recorder, or the County
Assessor.
NOTE: A tax Certificate will be ordered from the County
Treasurer by the Company and the costs thereof charged to
the proposed insured unless written instruction to the
contrary are received by the company prior to the issuance of
the Title Policy anticipated by this Commitment.
This commitment is invalid unless Schedule B-Section 2
the Insuring Provisions and Schedules Commitment No. PCT-7710
A and B are attached.
Commonwealth®
L� Land Title Insurance Company
SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the
following unless the same are disposed of to the satisfaction of the
Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, enchroachments,
any facts which a correct survey and inspection of the premises would disclose
and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or
hereafter furnished, imposed by law and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any,
created, first appearing in the public records or attaching subsequent to the
effective date hereof but prior to the date the proposed insured acquires
of record for value the estate or interest or mortgage thereon covered by
this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or lien imposed
for water or sewer service or for any other special taxing district.
7. Reservations and exceptions as set forth in the Deed from the City
of Aspen recorded in Book 59 at Page 267 & 394 providing as follows:
"That no title shall be hereby acquired to any mine of gold, silver,
cinnabar or copper or to any valid mining claim or possession held
under existing laws".
This commitment is invalid unless Schedule B-Section 2
the Insuring Provisions and Schedules Commitment No. PCT-7710
A and B are attached.
0 EXHIBIT 4
August 2, 1993
HAND DELIVERED
Ms. Kim Johnson
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Permission to Represent
Dear Ms. Johnson:
Please consider this letter authorization for Sunny Vann of Vann Associates, Planning
Consultants, to represent us in the processing of our subdivision exemption application
to condominiumize the Central Bank property, which is located at 420 East Main Street
in the City of Aspen. Mr. Vann is hereby authorized to act on our behalf with respect to
all matters reasonably pertaining to the aforementioned application.
Should you have any questions, or if I can be of any further assistance, please do not
hesitate to call.
Sincerely,
-C� . Ronald Ga d
Andrew V. Hecht
Garfield & Hecht, P.C.
601 East Hyman Avenue
Aspen, CO 81611
SV:cwv
cAbus\city.1trutr22593.kj 1
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ASPEN/PITKIN PLANNING OFFICE
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance
No. 77 (Series of 1992) establishes a fee structure for Planning Office applications
and the payment of all processing fees is a condition precedent to a determination
of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or
scope of the proposed project, it is not possible at this time to ascertain the full
extent of the costs involved in processing the application. APPLICANT and
CITY further agree that it is in the interest of the parties to allow APPLICANT
to make payment of an initial deposit and to thereafter permit additional costs to
be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be
benefited by retaining greater cash liquidity and will make additional payments
upon notification by the CITY when they are necessary as costs are incurred.
CITY agrees it will be benefited through the greater certainty of recovering its full
costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for
CITY staff to complete processing or present sufficient information to the
Planning Commission and/or City Council to enable the Planning Commission
and/or City Council to make legally required findings for project approval, unless
current billings are paid in full prior to decision.
0 9 V
5. Therefore, APPLICANT agrees that in consideration of the CITY's
waiver of its right to collect full fees prior to a determination of application m
completeness, APPLICANT shall pay an initial deposit in the amount of $�` --
which is for �o hours of Planning Office time, and if actual recorded costs
exceed the initial deposit, APPLICANT shall pay additional monthly billings to
CITY to reimburse the CITY for the processing of the application mentioned
above, including post approval review. Such periodic payments shall be made
within 30 days of the billing date. APPLICANT further agrees that failure to pay
such accrued costs shall be grounds for suspension of processing.
CITY OF ASPEN APPLICANT
By:
�L'O-ZX-Q
Diane Moore Mailing Ad s:
City Planning Director
Date: g1Z
2
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VANN ASSOCIATES
Planning Consultants
December 3, 1993
HAND DELIVERED
Ms. Kim Johnson
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Galena Plaza Condominiums
Dear Kim:
b
Enclosed for your review and comment is the proposed subdivision exemption agreement
and condominium plat for the Galena Plaza Condominiums. Please note that the
agreement memorializes the conditions of subdivision exemption approval contained in
City Council Ordinance No. 46-93. Similarly, the plat reflects the revisions requested by
Chuck Roth at our December 2, 1993, meeting. I have also enclosed a"trans-
former
required encroachment license application, which has been submitterdy�
Department under separate cover, and an easement agreement for the which encroaches unto the east half of Lot L.
As we wish to record the condominium plat and related documents in as timely manner
as possible, I would appreciate it if you review them at your earliest convenience, and
call me regarding any further revisions which the City may require. If everything is in
order, I will provide you with the executed originals for recordation purposes.
Yours t
VANN ASSOCIATES
Sunny Vftn�, AICP
SV:cwv V
Enclosures
cc: Ronald Garfield, Esq.
cAbus\city.ItrVtr22593.kj3
230 East Hopkins Avenue • Aspen, Colorado 81611 •303/925-6958 • Fax 303/920-9310
NEILEY. & ALDER
AT" i'ORNnS
Richs- d Y. Neiley, Jr., P.C.
Eugene M. Alder, P.C.
Chuck Roth, City
City of Aspen
130 South Galena
Aspen, Colorado
201 North MO Street, Suite 102
Aapen, Colorado 81611
(303) 925,9393
December 2, 1993
Engineer
81611
PAX Nambar
(303) 925,9396
Re: Colorado National Bank condominium application
Dear Mr. Roth:
Please consider this letter as an application for an
encroachment license, which license is requested in connection with
the condominiumization of the property where Colorado National Bank
is located on East Main Street. In accordance with Section 19-5 of
the Municipal Code, the following information is provided:
A. Applicant's name and address:
Galena plaza, LLC
c/o Lowell Meyer
517 West North Street
Aspen, Colorado 81611
Please note that the Applicant is not the current owner
of the property which adjoins the public rights -of --way for which
the license is requested. The property is owned by CBI Properties,
Inc., which is participating with the Applicant in the condominium-
ization process, and which will deed the property to the Applicant
upon approval of the condominium plat. The legal description of
the adjoining property is as follows:
Lots R and S, Block 861
City and Townsite of Aspen,
County of Pitkin,
State of Colorado, j
B. Location of encroachment:
100 block of North Galena Street
and the alley of Block 86
`r
I
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f
SENT BY:Neiley & Alder
;12- 3-93 ; 10:37 Neiley & Alder- JUJ you yJIU 44 1
0 0
Letter to Mr. Roth
December 2, 1993
Page 2
C. Explanation of Applicant's need for a license:
Applicant desires to encroach upon the above public
rights -of -way where a two-story concrete block building with
basement currently encroaches between 0.3 and 0.35 feet upon the
sidewalk of Galena Street and'between 0.04 and 0.05-feet into the
alley, as shown on the proposed Condominium Plat for Galena Plaza
Condominiums, a copy of which is attached to this Application.
The following documents are enclosed herewith in
connection with the license applications
1. Executed Encroachment Agreement
2. proposed condominium plat for the Galena Plaza
condominiums
3. A check payable to the City of Aspen in the amount
of $320.00 to cover the processing fee for this application
4. A check payable to the City of Aspen in the amount
of $15.00 for recording the executed license.
An insurance certificate which complies with paragraph
five of the Encroachment Agreement will be submitted prior to the
issuance of the license.
Thank you for your courtesy and attention to this matter .
If you have any questions, please do not hesitate to call me.
Very truly yours,
NEILEY & ALDER
gen M. Alder
EMA/me
enclosures
9EW ER
NHJLE
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INV I 7855.(,
INV 2 7892.2
INV3 7888•&
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5 FT FROM 1Ny,
HERETO ANOTHER
MANHOLE
RIM 7894.9
LOWElT INV 7857.53
3
2
I CONr,0MINIUM PLAT FOR
I
THE GALENA PLAZA CONDOMINIUMS
I
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TRANgfVRMER gG-2
KVA
�71:L. FTVV�rAL 9
Tr
789(0.4 - --- - - -- - - - - -E+ -79CO-6 - - ---- i 1.7 ec E Of ALLEY �- -_ -- -- - - - ® EER 10NE -- - -_-
I O PRIMARY CLEGTRICAL, TV PHONE ------------- -- -_-_---- ______
-- t�9bz.6 7103.M E--to2.l---------
ILYATCD fid�M CITY ELECTRICAL MAPS E E
G 2" NATURAL GA5 LINF- LOCATED ON"NORTHERLY
5111E OF ALLEY ACCUR DING TO HOLY CI!OSS G G G 5Ci
7902.I8MNHOLES LOA£D PER T-19 SRVEY + 7901.20 - A LE 7901.45 ]BLOCK
OCY 901.77
(ALLEY WIDTH 2O.31')
0.4 DIA. 5TE'EL "T
�- -�i9ol T 7902.1 + o ter- r
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CAP MARKED L5`IOIZ AT OW COR EA,5T HALF LOTL, OLOCV 84) RE13AK , L.5.9104
C O N C R E T E 3/ 0 E W A L K o
r
CERTIFICATE CF DEDICATION * ONVNER5HIP:
5URVEYOR'S CERTIFICATE:
TITLE EXAMiNER'5 CERTIFICATE:
CITY COUNCIL APPROVAL:
04CVV ALL MI=N SY THESE P�ES>✓NDE THAT CBI FROF'1=KTIES
AA THE ER
IOANNP
GTh
I,JAM E5 F RESER, A REGISTERED LAND SURVEYOR AND FRE5IDENT
I, VINCENT J. HIGEN5, FRE5IDENT CF PITKIN COUNTY TIT LE, INc.,
CONDOMINIUM APPKOVAL WA5 GRANTED DY THE CITYCOUNCIL
CF II EAST hiAL�F� CF L OTAL ALLGOF I T
S
CF ALPINE OURVEYS, INC., M HEREBY CEKTIFY THAT I HAVE
DO HEK1=6Y CERTIFY THAT I HAVE CAUSED AN EXAMINATION
GF THE CITY OF ASPEN THE ____D34Y OF ____ ,
M, N, O, P, Q, R, f 5, P�LJxK �, GIT`( AND TOWN5ITE CF ASPEN,
PREPARED THI5 CONMMINIUM PLAT � THE GALENA PLAZA
Tb 1 MADE GN THE r`'EAL PK'OPERT`( HEREIN F.)E� I`:ZIBED
19°l3 A5 ORDINANCE No.
COL)WTYOF PITKIN, 5TATE CF COLORADO, i THE REAL FMPERTY
CONRMMINIUM5; THAT THE LOCATION OF THECUTSIDE ?_OJNGARIF'5, Q>�,, M5TING
AND, BASED ON THAT EXAMINATION, CBI PROFETTIE5, INC.,
DATED:___, 1 113
,51 HE950N 1X 5 HEKEPY GERTIF( THAT THI5 CONG�MINIUM
SJFvCTURE5, �CILITIES, AND OTHER MATURES ARE AcGURATEL�'
CONSTITUTES Tf-IE FEE SIMPLE OWNER OF THE KEAL PKOPEKi Y
6TTEST
QLAT For' THE GALENA PLAZA CoNDLOt--hi NIS HAS
14"o (aDFzRE-cTLY 5HowN 1--Ei THAT 71-AE f ME At?E ' G D
�47PPIM OP�r_P RD AND AID INtEfTEST 15 FLEE AND CLEAN
FAN FFEPARED PUK51JANT TO AND FOR THE PURf05E5 5TATED
GN FIELD SURVEYS PERFORMED UNDER MYSUPEKVI5ION; THAT
Gff ALL LIENS AND E1�Ut JE RKN\�5. ALTHOL/GH I EPELIEVE THE
IN THE CONMI-11NIUM DECLARATION FOR THE GALENA -
Ti 0_-)NXU1-1INIUM PLAT MEET5 THE KEGUIKEMENTS oF= A LAND
FACTS STATED CN THI5 PLAT ARE' TRUE, THI5 CERTIFICATE 15 NOT
PLAZA CONWMINIUNIS RECORDED IN P.00K_AT PAGE OF THE
SURVEY PLAT A5 SET FOiz1-H IN CfRS 36-51-1 AND TH15
TO M CONSTRUED A5 AN AB5TKAGT OF TITLE, NOR AN OPIN ION
JOHN a9-NNI=TT, MWOK CITY G ERK
RECof?P5 OF PITKIN COUNTY, COLOi AND THE UNDERSIGNED
ODES HEK 51.)DtlIT 5A(D KEAL PROPEKT'( TO THE Ti
CONDOMINIUM MAP CONTAIN5 ALL THE 4NKDKMATICN fTGUIRED
OF TITLE NOR A "FjANTEE GF TITLE. IT 15 UNDER5TOOD AND
HER 55
THAT 1 TITLFIf�IA[NVCIAL NEITHER
CITY ENGINEER APPROVAL
PROVI50N5 AND CONP(TION5 CF 5'+ID MNMt-1(NIUM DECLARATION.
BY Cf?5 33-33. 3-201 OF THE COLDKARU COMMON INTEREST
OWNER51HIP ACT
T ORE ED iAKRGED WICOUTH OR
LIADILITY W14AT50EVER GN ANY STATEMENT WNTAINED HEREIN.
TH15 CONDOMINIUM PLAT WA5 APPROVED BY THE CITY
cr�TED , 1993.
ENGINEER OF THE CITY AOPEN THI5 DAY OF
/ 111
DATED 3
GY1T�i7' ,19`i PITKIN CZ7UNTY TITLE, INC.
lA
CBI F90PERT-I E5, INC., A
COLOKACO CORFCJKATION
ALPINE aJRVEYS, INC., A
coLORADO CORFbRATION
VIitiCENT J. HIGEN5
CITY ENGINEER
vY Gi4NI EL W YOHAi`INE5,
5TATE OF COLOPADO s s.
PLANNING DIRECTOR APPROVAL:
PRESIDENT
5TATE' OF ooLo"po z 5S
YtYJAME5 E RE5E-R, FRE5(iDENT
L.5. `1184
OLINTI� OF PITKI N
CCO FOREGOING C TIF(CATE WA5 ACKNOWLEtX�ED BEFORE ME
THI5 ODNDOHINIUM PLAT WA5 APPROVED E7YTHf A5FEN
PLANNING DIRECTOR THI5 12AY OP
CITY AND COUNTYCF DENVEK
THE FORE60NG CERTIFICATION WA5 ACKNOWLEDGED BEFORE
5TATE OF COLORADO 5.01
THI5 DA'(OF 1993 P>Y VII�ENT J . H IGENS
�iZE51DCTlt OF PITKIN QX1M Y TITI�,IT .,,A COLDPAL2D Gi FZDRATION.
,
19�3
ME THI5 DAY C� , I`t°I�j O DANIEL W. TION_
PRe51DENT PROFERFIES,ING.,A CIJIORAA7 Ct�RATiON-
AUNTY CF` PITKIN
THE F�1=GOW-7 CERTIFICATE WA5 ACKNCaVLEDGED aCF0RI= ME
WITNESS MY HAt� ANDOF7=ICIAL 51=AL.
,G�OBI
WITNE55 MY HAND AND OFFICIAL 5FAL.
TH 15 D3';Y OF , 1993 >}jY JAMES E RESER,
ffzESIDENT OF ALPINE SURVEYS, INC., A coL oRAno coRFoRATION.
MYC35MM15510N EXPIRE5
PLANNING P RECTOR
MY CUMM15510N EXPIRES
MTNE05 MY HAND AND CPFICIAL SEAL.
MY CoM M 15510N EXPI KE5
NOTAF'( PUBLIC
N40TARY PUBLtc
NOTAR'( PUBLIC
ALPINE SURVEYS, INC.
SURVEYED APRIL, MAY 1919
DM., PPS. R.K. RENtSIONS:
Igt1 tpt > rz�l;� t► I "^`ate
rr1
POST OFFICE BOX 1730
DRAFTED 7 MAY 1111 JHE5 12-2 13
REVIVED 22 JUL1' 1113 UPDATE LOTS Q,R, 5
up"m low$aw 11 13,gwn,w,y
kl Ip IIfAR 1�11Ay up/F W1 td 111 i±iq 3::: . er <ed
ASPEN, COLORADO 81611
5 GTCe , 1
cr�Na7
CTo�
18 CM19`1
303 925 2688
2 NOVEMPPtfR I
z,
.
•
•
i`l NOVEM Ill
• 2A NDVENIPV 101
•
T9o5.,84
35 ENCr�3K.'I-tMENT Orl
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RIM T90E7
INV r 7893.3
I NV 2 7893.4
INV 3 7s94.4
INV.1' \ I! :', I
+ (L 7103.54
u
PLAT NOTE-5
I. UN IT5 I AND 2 AR1= WezJ ECT TO
FURTHER SUaDIV1510N, A5 FRDVIDED
O W IN THE DECLARATION MIZ THE
O p GALENA PLAZA CONG2DMINIUM5
RECORDED IN E MK AT PAGE
8 n OF T1-E PITK I N Ccul-,ITY JU AL ESTATE
3 KMOR'DS ; PROVIDED I OVVFV ER, NO
FUKTI-If R' 5UPDIVI5(ON SHALL C UR
UNUE: ALL REQU1(51TE LAND U5E
APPgOVALS ARE OBTAINED FROM THE
W OW OF ASPEN.
IT
2. UNIT 2 AO SrtDWN HfK5'1N AND UP
>v ) 9,5116 OF THE LAND AREA CF G.C.E.
A5 5t-bWN HEREON APE _9J5JECT TO
2EtNG KEGREATED A5 UNIT 2, ALL A5
MORE FULLY PROVIDED IN THE
Z DECLARATION TCR THE GALENA
p PLAZA CONDOMINIUM5
u 3. THl5 CONDOM I NIUM HA5
VERTICAL F0UNDARIFS ONLY
4 EASEMn,4TS OF" RECOKD ARE
DEPICTED HEi'EON. SEE PITKIN
�4.05 ODUNT( TITLE, INC. CASE 1 b. R7-83-156,
FOR OTHEK MATTEKS PERTAINING
�1r7 TH 15 FIZY E 7 Y
5. UNITS I E 2 5HALL BE CDJ50i
A5 5EPARATE PARCELS OF P1:1DPERTY 3
UNDER THE ASPEN LAND USE
FEGULATION5 FZDR PUKF05E5 CF THE
APPLICATION CF THE UNDERLYING
GC., COMMERCIAL CORE, ZONE DISTRICT'S
DIMENSIONAL, PARKING, AND
A7 FORDAIi HOU5ING RffQJIRE(V1ENT5.
Co. CONTROL FCF TH 15 5URVEY
CLOSE5 6ETTI-K THAN ONE PART
IN TEN THC)U5ANr)
'909.83 5.44 + 1905.09
MAEN STO
O 5 10 20 30 40 50 FT
SCALE• 1"-10'
5A'515 OF i * FOUiJD MONUMENTS A5 5t-OWN
DATUM PLANE, U.9.C.�Gh 131 MARK, 5W COR. COURT t10 ,'k -, 79CCa,W
CLERK i RECORDER'S CERTIFICATE
THIS CONCOMINIUM PLAT FOR THE C,ALENA
PLAZA C0N1?OMINIUM5 15 ACCEPTED ftDR READING,
iN THE OFFICE OF THE CLERK f fZCORDER OF PiTti
ODUNTY, COLORAT.b THI5 DAY OF ,
1993 IN PLAT W-OK_AT PfCFffS TH`I:Z�H ,
RECEPTION No
TITLE, a�'NIOMINIUM MAP
5ILVIA W15
CLERK � F CERDEf:
PITKIN cDUNTY, GOLOKAtX)
F_I
JOb 93 -51- 2
CLIENT-, GARFIELD i
NecHT