HomeMy WebLinkAboutcoa.lu.co.647 S Monarch St.A64-91CONDOMI.i1I"Ui�ile ATION OF Tt'E CASCADES
2735-131-20-005 A64-91
7/4 3
t I
C
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
(303) 920-5090
LAND USE APPLICATION
FEES
City
00113
-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/ '"1 sz. C'
CONSENT AGENDA ITEMS
REFERRAL FEES:
00125
-63340-205
ENVIRONMENTAL HEALTH
00123
-63340-190
HOUSING
00115
-63340-163
ENGINEERING S
SUBTOTAL
County
00113
-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
CONSENT AGENDA ITEMS
-63450-146
BOARD OF ADJUSTMENT
REFERRAL FEES:
00125
-63340-205
ENVIRONMENTAL HEALTH
00123
-63340-190
HOUSING
00113
-63360-143
ENGINEERING
PLANNING OFFICE SALES
00113
-63080-122
CITY/COUNTY CODE
-63090-123
COMP. PLAN
-63140-124
COPY FEES
-69000-145
OTHER
SUBTOTAL
IOU µ `,,fi TOTAL—
iG
Name:
Phone:
Address:
Project: Cnn, Qa40,�. _ c,,
Check #
_
Date:
Copies received:
#of Hours: t
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
(303) 920-5090
LAND USE APPLICATION FEES
City
00113
-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/
CONSENT AGENDA ITEMS
REFERRAL FEES:
00125
-63340-205
ENVIRONMENTAL HEALTH
00123
-63340-190
HOUSING
00115
-63340-163
ENGINEERING
SUBTOTAL
County
00113
-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
CONSENT AGENDA ITEMS
-63450-146
BOARD OF ADJUSTMENT
REFERRAL FEES:
00125
-63340-205
ENVIRONMENTAL HEALTH
00123
-63340-190
HOUSING
00113
-63360-143
ENGINEERING
PLANNING OFFICE SALES
00113
-63080-122
CITY/COUNTY CODE
-63090-123
COMP. PLAN
-63140-124
COPY FEES
-69000-145
OTHER
SUBTOTAL
TOTAL --
Name:
Phone:
Address:
Project:
Check #
Date:
Copies received:
#of Hours:
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 11 21 91 PARCEL ID AND CASE NO.
DATE COMPLETE: ,7-�+/C1 2735-131-20-005 A64-91
STAFF MEMBER -
PROJECT NAME: C-o-hdominiumization -oZ-t4P---Cascade1fs
Project Address: 647 S. Monarch Street, Aspen, CO 81611
Legal Address:
APPLICANT: Peter and Deborah Cantrup
Applicant Address: c/- Richard Cook
REPRESENTATIVE: Marty Pickett, McFlynn & Pickett, P.C.
Representative Address/Phone: 320 West Main Street
Aspen, CO 81611 925-2211
--------------------------------------------------------------
--------------------------------------------------------------
PAID:(YES) NO AMOUNT: $1005 NO. OF COPIES RECEIVED 6/6
TYPE OF APPLICATION: 1 STEP: X 2 STEP:
P&Z Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
m a r (-
CC Meeting Date �1� PUBLIC HEARING: Y NO
I
VESTED RIGHTS: ' � Y~E'S� NO
Planning Director Approval: Paid:
Insubstantial Amendment or Exemption: Date:
--------------------
--------------------
REFERRALS:
City Attorney
ity Engineer
Housing Dir.
Aspen Water
City Electric
Envir.Hlth.
Aspen Con.S.D.
Mtn Bell
Parks Dept.
Holy Cross
Fire Marshall
Building Inspector
Roaring Fork
Energy Center
School District
Rocky Mtn NatGas
State HwyDept(GW)
State HwyDept(GJ)
Other 1 t�..iv�
`J
DATE REFERRED: la�al�l INITIALS:
----------------------------------------------------------------
FINAL ROUTING: DATE ROUTED • INITIAL:X 6
City Atty h, City Engineer oning Env. Health
Housing Other:
FILE STATUS AND LOCATION:
NOV 15 '93 15:56 F*NN & PICKETT PC P.2/3 �1 c6
STATEH"T OF EXEMPTION
FROM TSE FULL SUBDIVISION PROCESS
FOR THE PURPOSE OF CONDONINIUMISING THE CASCADES,
A. CONDOMINIUM AT 647 SOUTH MONARCH STREET,
CITY OIP ASPEN, COLORADO
WHEREAS, Peter Cantrup and Deborah C. Cantrup (hereinafter
referred to as "Cantrup") are the owners of a parcel of real
property described on Exhibit "A" attached hereto and incorporated
herein by this reference; and
WHEREAS, Cantrup has requested an exemption from the full
subdivision process for the purposes of condominiumizing the
property described on Exhibit "All; and
WHEREAS, the City Counoil of Aspen, Colorado, at its regular
meeting on December 16, 1991; determined that Cant,rup's request for
such condom iniumization was appropriate and granted the same,
subject to the conditions described hereinafter.
NOW, TFUMEFORE, the City Council of Aspen, Colorado, does
determine that the application for exception from the full
subdivision process for the purpose of subdivision of the property
described on the attached Exhibit "A" is proper and hereby grants
said subdivision.
PROVIDED, HOWEVER, that the foregoing exception is expressly
conditioned upon:
1. The Plat depicting The Cascades, a Condominium, be
approved by the Planning Office, and filed with the Pitkin County
Clerk and Recorder's office prior to the sale of either unit.
2. Cantrup agrees to participate in any future improvement
districts encompassing the subject property.
3. Cantrup shall pay the Housing Impact Fee of $8,050.00 per
unit prior to the Planning Director signing the final plat for
condominiumization.
Dated this ?i (�J day of c 1993
CITY OF ASPEN
a Municipal corporation P er Cantrup �a c
By: 777
John Bennett, Mayor Deborah C. Cantrup r
1, Kathryn
S. Koch, City Cleric,
do
hereby certify that the
foregoing Statement of Exception from the
Full Subdivision Process
for the Purpose
of Condominium iz ing
the
Property at 647 south
•
-1-
367382 B-743 P-14
02/28/94 02:55P
PG
1 OF 3 REC DOC
S I LV I A DAVIS
P I Tk:: I N COUNTY CLERK.
&
RECORDER 15.00
NOV 15 '93 15:57 MCFLYNN & PICKETT PC P.3i3
• •
Monarch Street, Aspen, Colorado, was considered and approved by the
Aspen City Council and that Mayor John Bennett was authorized to
execute the same on behalf of the Cit Aspen..
Rathryn S. Clerk
State of New Mexico )
as.
County of Rio Arriba )
The forego ng was subscribed and sworn to before pane this �l-e-lz
day of ��j,�/ 1993, by Peter Cantrup and Deborah
C. Cantrup, as owners of The Cascades, a Condominium.
Witness my hand and official seal.
My commission expires: '. \XjtV ,11
LI�.C.fi4' r D u>'
No ary Pu b 1 is : -j• 4 "
STATE OF COLORADO
COUNTY OF PITKIN
The f regoing was subscribed and sworn to before me this
day of , 1.991, by John Bennett, as Mayor,
and Kathryn S. Koch as City Clerk of the City of Aspen, a
municipal corporation.
Witness my hand and official seal.
My commission expires:
casea&&Nsubdiviz.ex
B—r'4-= —1
I i �,� mil(•
No ubl c
(-)2/28/94 (.i'?: 5`5F' F'G .._
-2-
, , . . . 1 0 0
EXHIBIT A
THE SOUTH FOUR (4) FEET OF LOT 12, ALL OF LOT 13, AND THE NORTH TEN
(10) FEET OF LOT 14, BLOCK ONE (1), CONNORS ADDITION TO THE CITY AND
TOWNSITE OF ASPEN. !lI-I'
TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL OF LAND:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHERLY FOUR (4) FEET OF
LOT 12, BLOCK 1, CONNOR'S ADDITION TO THE CITY OF ASPEN WHENCE A
REBAR WITH PLASTIC CAP "CITY OF ASPEN LS 13166" BEARS N 15°46'06" E
301.15 FEET; THENCE N 77°38'36" W 3.06 FEET TO A REBAR WITH YELLOW
CAP "LS 9018"; THENCE S 15°57'24" W 43.89 FEET TO A POINT FROM WHENCE
A REBAR WITH A YELLOW CAP 9018 SET IN CONC. BEARS S 15°57'24" W 20.17
FEET; THENCE S 75027'10" E 3.20 FEET TO THE SOUTHWEST CORNER OF THE
NORTH TEN FEET OF LOT 14, BLOCK 1 CONNOR'S ADDITION;
THENCE N 15046'06" E 44.00 FEET ALONG THE BOUNDARY BETWEEN EAMES
ADDITION AND CONNOR'S ADDITION TO THE CITY OF ASPEN.
COUNTY OF PITKIN, STATE OF COLORADO.
3b r 3g"? B- 4:3 F='- 1 _} ii;?/ '8/94 �)2': 55F' PG 3 OF -3
�J
� ��U�,C,Ia YY---
�0
366494 B-740 P-644 02/03/94 09:43A P6 I OF 2 REC DOC
SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 10.00
CURB, GUTTER AND SIDEWALK IMPROVEMENT AGREEMENT
BETWEEN
THE CITY OF ASPEN AND PETER H. CANTRUP AND DEBORAH A. CANTRUP
WHEREAS, Peter H. Cantrup and Deborah A. Cantrup ("Owners")
are owners of the real property located at 647 S. Monardh Street
Aspen, Colorado; and
WHEREAS,
Owners have -�-
recently completed construction of a building called
The Cascades and desire to obtain a
certificate of occupancy; and
WHEREAS, the Cascades property
is within a district requiring construction of curb, gutter and
sidewalk prior to issuance of a certificate of occupancy or, in
lieu thereof, an agreement for future construction pursuant to
Section 19-100 of the Municipal Code; and
WHEREAS, at this time, the City Engineer deems the
construction of curb, gutter and sidewalk on Gilbert Street
to be unfeasible due to existing conditions."
NOW, THEREFORE, the parties agree as follows:
1. Owners agree .fie
to construct curb, gutter and sidewalk along the
frontage of their property (approximately 102 feet) at such
time as the City of Aspen deems construction necessary and
=easible. It is acknowledged by all parties that the present
0
366494 B-740 P-645 02/03/94 09:43A P6 2 OF 2
. _2-
requirement is for two (2) foot gutter, six (6) inch vertical
curb, and five (5) foot wide concrete sidewalk.
2. In the alternative, at the City's option, the City may
construct the above improvements and the Owners
shall reimburse the City for all costs of such construction.
Reimbursement shall be made to the City within ninety (90) days
after receipt of invoice.
3. This agreement shall be binding and.shall insure to the
benefit of the heirs, assigns, and successors in title of the
parties hereto.
Entered
By:
this
day of
By:
Peter H. Cantrup
State of Colorado)
of P itkin )
The f�a`. oing instrument was acknowl dged before me this
day of , 19 by
*ittness 1tly hand and official seal.
�5�tiiission expires: �' r4, Cie,
o ; ✓ J '
19 92
Deborah A. Cantrup
Notary Public
Address:—
OL L%ft G.
i
"
.� C,+Y�YFO�V N, COLORADO A iunicipal Corporation
•B " �� (MAYOR)
} • .1A L-
x 'Attest: •' (CITY CLERK)
F"oYm � � :� $ 8
366493 B-740 P-641 02/03/94 09:22A P6 i Of 3
SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER
is
3�
REC DOC
15.00
cc. S.
,ci
ENCROACHMENT AGREEMENT
This agreement made and entered into this day of �F
, 194, by and between the CITY OF ?ASPEN, Pitkin County,
Colorado, hereinafter referred to as "Aspen" and PETER H. CANTRUP
and DEBORAH A. CANTRUP
hereinafter referred to as "Licensee."
WHEREAS, Licensee is the owner of the following described
property located in the City of Aspen, Pitkin County, Colorado:
City of Aspen, Pitkin County, Colorado
WHEREAS, said property abuts the following described public
right -of-:: ay (s) : (on -die southerly side) : Approximately 102 feet of
Gilbert Street, easterly from the South Monarch Street intersection, in Lot
12, Block 1, Connor's Addition. '
WHEREAS, Licensee desires to encroach upon said right -of
way(s) by allowing the four existing 6' planters in front of the Cascades
building to remain; and by installing a dry well as set forth on the attached
proposal from Gerd Zeller.
e,
WHEREAS, Aspen agrees to the grant of a private license of
encroachment as built subject to certain conditions.
THEREFORE, in consideration of the mutual agreement herein-
after contained, Aspen and Licensee covenant and agree as
follows:
1. A private revocable license is hereby granted to Licensee
to occupy, maintain and utilize the above described portion of
public right-of-way for the sole purpose described.
2. This license is granted for a perpetual term subject to
being terminated at any time and for any reason' at the sole
discretion of the City Council of the City of Aspen.
3. This license shall be subordinate to the right of Aspen
to use said area for any public purposes.
4. Licensee is responsible for the maintenance and repair of
the public right-of-way, together with improvements constructed
therein, which Aspen, in the exercise of its discretion, shall
determine to be necessary to keep the same in a safe and clean
condition.
366493 B-740 F-642 02/03/94 09:22A F6 2 OF 3
5. Licensee shall at all times during the term hereof, carry
public liability insurance for the benefit of the City with
limits of not less than those specified by Section 24-10-114,-
C.R.S., as may be amended from time to time, naming the City as
co-insured. Licensee shall maintain said coverage in full force
and effect during the term of this License and shall furnish the
City with a copy of such coverage or a certificate evidencing
such coverage. All insurance policies maintained pursuant to
this agreement shall contain the following endorsement:
'It is hereby understood and agreed that this insurance
policy may not be cancelled by the surety until thirty (30)
days after receipt by the City, by registered mail, of a
written notice of such intention to cancel or not to renew.'
The licensee shall show proof of this insurance to the City
before this agreement is filed.
6. Licensee shall save, defend and hold harmless against any
and all claims for damages, costs and expenses, to persons or
property that may arise out of, or be occasioned by the use,
occupancy and maintenance of said property by Licensee, or from
any act or omission of any representative, agent, customer and/or
employee of Licensee.
7. This license may be terminated by Licensee at any time
and for any reason on thirty (30) days written notice of Licen-
see's intent to cancel. This license may be terminated by Aspen
at any time and for any reason by resolution duly passed by the
City Council of the City of Aspen. Upon termination Licensee
shall, at Licensee's expense, remove any improvements or en-
croachments from said property. The property shall be restored
to a condition satisfactory to Aspen.
8. This license is subject to all state laws, the provisions
of the Charter of the City of .Aspen as it now exists or may
hereafter be amended, and the ordinances of the City of Aspen now
in effect or those which may hereafter be adopted.
9. Nothing herein shall be construed so as to prevent Aspen
from granting such additional. licenses or property interests in
or affecting said property as it deems necessary.
10. The conditions hereof imposed on the granted license of
encroachment shall constitute covenants running with the land,
and binding upon Licensee, their heirs, successors and assigns.
11. In any legal action to enforce the provisions of this
Agreement, the prevailing party shall be entitled to its reason-
able attorney's fees.
•
366493 R-740 P-643 02/03/94 09:22A PG 3 Of 3
rs1
12. If the structure for which this license was issued is
removed for any reason, Licensee may not rebuild in the same
location without obtaining another encroachment license prior to
building. No existing encroachment shall be enlarged without
obtaining an additional license prior to construction.
13. The licensee waives any and all claims against the City
of Aspen for loss or damage to the improvements constructed
within the encroachment area.
IN WITNESS WHEREOF,the parties executed this agreement at
Aspen the day and year first written.
CITY OF AS E2 RA DO,
By w w ^�_ �•
j11„gyp I I Ulf.
%F AS
F�✓Ann
c.
ATTE T•
ICATHRYN S. OCH, City Clerk
i,1
Pet6r H. Cantrup Licensee
rah A. Cantrup Licensee
ST�1•��f�'OF COLORADO _
�� s s .��
i
�*I) tt•y of" Pitkin
l�
J : G t
heIfopeyoin
dui; of
Cantrup, t ce P7,-.
ryc'��,L'� •P��T�
WITME.SS MY HAND AND OFFICI
My commission expires:
sp/6/91/ ENCRAGREEMENT.KEEP
g instrVment was acknowledged before me this
(i (cf' ; 19 by Peter H. Carjtrup and Deborah
SEAL.
Notary 'Public
Address
�3
Regular Meeting Aspen City Council January 13 1992
deleted, and that #5 be modified to include additional FAR
allowances for optional front porches, and an amendment in the
Whereas clause to reflect P & Z's review and approval of open space
and parking; seconded by Councilman Reno.
Councilwoman Richards asked if this is repudiation of the work of
the pedestrian and bikeway plans because this is an affordable
housing project. Mayor Bennett said the developer can sign an
agreement to join a sidewalk district if there is one formed in the
future. Councilwoman Pendleton agreed a sidewalk should be in this
area; however, it is premature to require one now. Ms. Lamont
pointed out Section 2(4) is the sidewalk improvement district;
prior to filing the final plat the applicant shall sign such
agreement. Ms. Lamont suggested adding "for south Seventh street
and West Hopkins street pursuant to the guidelines of the pedestri-
an and walkway plan". Ms. Lamont said this can required without an
entire sidewalk district. Vann agreed this is acceptable. Mayor
Bennett said this is not repudiating the sidewalk plan. Right now
this would be a sidewalk to nowhere. Councilwoman Richards said
the sidewalk plan endorses installing sidewalks as projects are
built.
Roll call vote; Councilmembers Pendleton, yes; Richards, no;
Peters, yes; Reno, yes; Mayor Bennett, yes. Motion carried.
ORDINANCE #53, SERIES OF 1991 - Cascades Condominiumization
Mayor Bennett opened the public hearing. There were no comments.
Mayor Bennett closed the public hearing.
Councilman Peters moved to adopt Ordinance #53, Series of 1991, on
second reading with Section 1 #2 amended to include requirement to
sign either a subdivision exemption or curb, gutter and sidewalk
agreement; seconded by Councilman Reno. Roll call vote; Council -
members Richards, yes; Reno, yes; Pendleton, yes; Peters, yes;
Mayor Bennett, yes. Motion carried.
ORDINANCE #54, SERIES OF 1991 - Lower Ute Improvement District
Chuck Roth, city engineer, reminded Council the district has been
in the works for awhile. The city has no cost sharing obligations
for this district. The total projected budget is $290,000;
$220,000 construction, $54,000 engineering, construction management
and legal fee and 6 percent of $16,000 incidental and bonding
costs. Staff recommends approval.
Mayor Bennett opened the public hearing.
Gaard Moses told Council he lives above the district and questioned
why he has been included. It does not affect him at all. Moses
I
0 em
MEMORANDUM Q
TO: Mayor and City Council
THRU: Amy Margerum, City Manager
THRU: Diane Moore, City Planning Director l� ,- .
FROM: Kim Johnson, Planner
DATE: January 13, 1992
RE: Cascades Duplex - Subdivision Exemption for
Condomirfivati$�ion, Vested rights: Second Reading of
Ord Hance 53 ( eries of 1991)
SUMMARY: The applicant seeks condom iniumization of a duplex at 647
S. Monarch St. Pursuant to Section 24-7-1007 of the Aspen
Municipal Code, condominium conversion of an existing development
shall be reviewed and approved by the City Council as a subdivision
exemption. The applicant also requests vested rights for three
years pursuant to Section 24-6-207. First reading was held on
December 16, 1991.
APPLICANT: Peter and Deborah Cantrup, represented by Marty Pickett
LOCATION: 647 S. Monarch St. (lot 13 and part of lots 12 and 14,
Eames and Connors Additions)
ZONING: L/TR Lodge/Tourist Residential
APPLICANT'S REQUEST: Subdivision Exemption to condominiumize a
duplex nearing completion and vested rights for three years. (See
plat, Attachment "A")
REFERRAL COMMENTS: Since first reading, the Engineering Department
has submitted a final draft of their referral comments (Attachment
"B"). The following concerns were raised by Chuck Roth:
1. The plat must indicate how many stories are within the
structure and where the parking spaces are located (marked by XIs) .
2. Four planters are in the Gilbert St. right-of-way. They should
be removed because the right-of-way is only 26' wide (20' roadway
minimum for emergency access). A 3' wide sidewalk is recommended,
with curb and gutter to delineate walking space. This would
require handicap ramp at corners and driveways.
3. The book and page indication at the western boundary is
incomplete. Clarify function of this recorded document.
4. The project must supply drywells in the driveways to provide
storm run-off protection. It is not clear where site drainage
•
•
currently goes. Roof drainage
storm run-off in the streets and
on sidewalks or streets.
into public right-of-way adds to
can be a problem when it freezes
5. The survey must be current within 12 months. Water and electric
meters and trash area must be shown. Indicate the subject zone
district.
6. Prior to signing the final plaf, the title information
documenting easements must be current within 12 months.
7. The applicant shall consult the City Engineer for design
considerations of development within the public right-of-way.
Permits for such work must be obtained from the City Streets
Department.
PLANNING STAFF COMMENTS: The subject duplex is nearly finished
with one unit already in receipt of a Certificate of Occupancy. The
shell of the structure was begun in 1987. Each unit is three
bedrooms.
Right-of-way encroachment: Rather than require this project to
demolish the planters in the right-of-way and construct sidewalk,
curb and gutter, Planning staff believes that further study should
be done to determine the neighborhood needs for sidewalks. It is
recommended that this should take place within a review for a
license to encroach in the right-of-way. Within this type of
application, information such as roadway widths, existing
pedestrian walks, pedestrian plan guidelines, and other
encroachments could be reviewed comprehensively. The applicant has
agreed to submit a license to encroach before Engineering will sign
off on the condo plat.
The applicant has addressed the requirements of Section 24-7-1007
for comdominiumization as follows:
1. Written notice to tenants of condominiumization, giving tenants
first right of refusal to purchase their unit.
Response: There are no existing tenants on the property as it has
been under construction since 1987.
2. Minimum lease requirements of six months except for projects
in the L/TR zone or other zones with a L Lodge overlay.
Response: This duplex is within the L/TR zone. Therefore, no
minimum leases are required.
3. Acknowledgement of the Affordable Housing Impact fees.
Response: The applicant agrees to pay the housing impact fee
calculated to be $8,050 for each 3 bedroom unit. This fee must be
2
paid to the City Finance Department prior to Planning Office
signature of the Condominium Plat for recordation.
4. Required inspection by the Building Department.
Response: One unit has already been inspected by the Building
Department and has received a Certificate of Occupancy. The other
unit is nearing completion and must pass final inspection before
it can receive its Certificate of Occupancy.
A Subdivision Agreement must be filed concurrently with any
subdivision/condominium plat. This agreement outlines all terms
of the subdivision exemption approvals. The applicant has
submitted a draft agreement which shall be revised pending final
conditions of approval.
Pursuant to Section 6-207 of the Land Use Code, the applicant also
seeks vested rights for three years. Council shall grant vesting
within the ordinance approving condominiumization.
RECOMMENDATION: The Planning Office recommends Second Reading of
Ordinance 53 for the approval of the Cascades Duplex
Condominiumization and vested rights for three years with the
following conditions:
1. The plat must indicate how many stories are within the
structure and where the parking spaces are located (marked by XIs) .
2. Prior to Engineering's approval of the condominium plat, the
applicant shall submit to Engineering an application for a license
to encroach for the four planters in the Gilbert St. right-of-way.
City staff shall consider existing roadway widths and the need for
sidewalks and curb and gutter in the context of the encroachment
request.
3. The book and page indication at the western boundary is
incomplete. Clarify function of this recorded document.
4. The project must supply drywells in the driveways to provide
storm run-off protection. It is not clear where site drainage
currently goes.
5. The survey must be current within 12 months. Water and electric
meters and trash area must be shown. Indicate the subject zone
district.
6. Prior to signing the final plat, the title information
documenting easements must be current within 12 months.
7. The applicant shall consult the City Engineer for design
considerations of development within the public right-of-way.
3
•
Permits for such work must be obtained from the City Streets
Department.
8. The Subdivision Exemption Agreement describing the terms of this
exemption must be filed with the Pitkin County Clerk and Recorder
concurrently with the condominiumization plat. This document must
include a signature block for the Mayor.
9. Prior to the Planning Director signing the final plat for
condominiumization the applicant shall pay the Affordable Housing
Impact Fee to the Finance Department. The applicant shall forward
a copy of the receipt to the Planning Office. The fee shall be
$8,050 per unit for a total of $16,100.00.
ALTERNATIVES:
1. The Council could elect to require removal of the planters with
sidewalk installation prior to filing the plat rather than require
the encroachment application.
2. The Council could require complete resolution of an encroachment
license prior to filing the plat.
PROPOSED MOTION: I move to approve the Cascades Duplex Subdivision
Exemption for Condominiumization and vested rights with conditions.
I move to have Second Reading of Ordinance 53, Series of 1991.
CITY MANAGER COMMENTS:
Attachments:
Ordinance 53, 1991
"A" - Proposed Condominium Plat
"B" - Engineering referral comments
jtkvj/Cascades.ccmemo
4
4v co
11
N
I
H10 I M
VNTON
141JIm I am 1
Z
a
r a lvl O
h
O
4O I .E I w
U •r , C
i
1
1 Z
W
W
F
t
aN
I
f!-
L.J
U W
3
I ¢
a
O
n
n
yl
1 N
�
1
id eo's
m
I i
ATTACHMENT "A"
1
1 �
.L'Y
---
tIHIFIf�AO N31fK1d2 1
__-__J
>
6
w m
In U3,90.9Y.SIN m
r o
i—
inDd
—AG
.00'0Y 3.90.9Y.SIN
�
J
�8
.60'E� 3,�Z.LS�SIN
ti•OZ ��+'
J
In
X,
��
Ox
O
xh�.rni
,Fc
z
w
Io•
N
7Wix ,e
-- a s - V
W-
kk--'
n
HF
'`J`JOIe 131VFt7 S.H31Hs
c� a
la
a
x
F-
Ca
jaw S
w`�
ZH
H
O-�
NOIlI00d S�Wd�
o"�
«.p..a
Of— o
oz
`'
wHc�
HgrZi
Ul
W u
A to
.-1 F t1
E V
FH k-
,-4
" l z
W O
3
.Vs z
InA
WV H
ka.n
In
wAt417
o
t
1
V
W K
Z5
(n �
W
0= 0 C�
VwW
HW
wo
FZUZ
O
xn
.c
cn
z
zA
a
7 3
7.cr
H
Z 2n
0�--•O
ZO
W
W
U)
.c
!
Ow
uu
X4
' I
.
Wachment "B"
MEMORANDUM
To: Kim Johnson, Planning Office
From: Chuck Roth, City Engineer C—A�2
Date: December 16, 1991
Re: Cascades Condominiumization
Having reviewed the above referenced application, and having made
a site inspection, the engineering department has the following
comments:
1, It is unclear from:the plat that the condominiumization is of
a three (?) story structure. This should be indicated on the plat.
It appears from the plat that the parking spaces encroach into the
public right-of-way. This is not the case because the spaces
extend underneath the footprint of the building envelope. The
parking spaces must be indicated with X's so that it is clear on
the plat the spaces do not'extend into the right-of-way.
2. There are four planters in the Gilbert Street public right-
of-way that are not indicated as such on the plat. It is unknown
if and doubtful that these were permitted to be constructed with
a permit for work in the right-of-way. It is recommended that
these planters be required to be removed because this right-of-
way width is only 26 feet. The roadway should be 20' here for
emergency access and general vehicle usage. We recommend that the
planters be removed and that a 3' wide sidewalk be required to be
constructed instead. There does not appear to be any curb and
gutter on this block. Curb and gutter may be desirable in order
to delineate the pedestrian walking space. This would require a
handicap ramp at the corner and ramps across the driveways.
3. There is a book and page indication at the westerly boundary
line which is incomplete, and the function is not clear of the
recorded document.
4. In recent past years, the city has acquired storm runoff
protection during condominiumizations. Applicants have been
required to meet subdivision standards and maintain all but
historic runoff flows on site. This helps to mitigate impacts on
city storm runoff infrastructure. This project has not offered to
comply with storm runoff requirements. It is physically possible
for the applicants to install drywells in their driveways so that
roof drains do not discharge into public rights -of -way. It is not
clear where site drainage goes. Roof drains that discharge into
public rights -of -way, in addition to adding storm runoff to the
streets, can be a problem when the water freezes on sidewalks or
streets.
C o\./E2)
•
•
5. The survey must be performed within the past 12 months. The
plat must show locations of water and electric meters. The plat
must indicate the zone district. The plat must show the trash area
so that it is clearly not in the right-of-way.
6. The easements are based on a four year old title commitment.
Prior to signing the plat, the easements must be documented by a
title commitment performed within the past 12 months.
7. Given the continuous problems of unapproved work and
development in public rights -of -way, we would advise the applicant
as follows:
The applicant shall consult city engineering (920-5080)
for design considerations of development within public
rights -of -way and shall obtain permits for any work or
development within public rights -of -way from city streets
department (920-5130) .
cc: Bob Gish, Public Works Director
cr/M91.276
40
•
•
MEMORANDUM
To: Bill Efting, Assistant City Manager
John Worcester, Assistant City Attorney
Jack Reid, Streets Department
Water Department
Parks Department
Kim Johnson, Planning Office
Bill Drueding, Zoning Office
Building Department
Police Department
From: Chuck Roth, City Engineer
Date: May 14, 1992
Re: Encroachment License for The Cascades
This encroachment application is the first to fall completely within the new encroachment
procedures. The individuals named above plus myself constitute the review committee.
Anyone else is welcome to attend our review committee meeting which is scheduled for
Friday, May 29 at 10:00 AM in Council Chambers.
This application is for encroachment licensing for (1) existing landscaping planters and (2)
a drywell to accommodate storm runoff.
(1) Concerning the planters, the engineering department would have preferred that a
sidewalk be installed. This was not agreed upon by others, therefore we will obtain an
agreement to construct sidewalk. At such time as a sidewalk is deemed appropriate, the
City will be able to direct the property owner to remove the planters and install a
sidewalk.
(2) Generally, we have not permitted drywells in the public right-of-way in order to
preserve that space for the use of utilities. In this instance, the condominium is built out
nearly to the property lines. It will be a public benefit to have the roof drain not
daylighting into the street as it does now, considering ice, therefore I am willing to
consider granting this encroachment, pending your comments. We have received a report
prepared by a registered engineer. I would require that the drywell be located as near
to their structure as possible and that written approval from all utilities be provided.
Please return your comments to me, or CEO me, before our meeting of May 28. If you
have any questions, please call me at x5088. Thank you.
cc: Bob Gish, Public Works Director KM92.151
2. REVIEW CRITERIA - Following submission of an application to the City
Engineering Department, it shall be referred to the various City departments
and utilities that may be affected. Following review and comment by the
referral agencies, the City Engineer shall consider the request in light of the
following:
A. Circulation - Does the proposed encroachment or vacation cause a
potential problem with regard to accessing property in the area. Could
the request hinder area circulation or prevent service vehicles or utility
companies from accessing facilities or other structures.
B. Streets Maintenance - Does the proposed encroachment or vacation
create a possible problem for street maintenance or snow removal
operations.
C. Utilities - Could the proposed encroachment or vacation interfere with
existing or future utility needs for the area.
D. Enforcement - Could the proposed encroachment or vacation create
or compound an existing for traffic control,City police, or fire
department personnel.
E. Expansion - Does the proposed encroachment or vacation provide the
opportunity for expanding the floor area of structures. Would such
expansion require Growth Management approval. Vacated streets
may not be included in determining floor area ratios on a given
ownership, they may however, be built on.
F. Income space - Is the encroaching space intended for commercial or
other income -producing space. If so, it may require a rental
agreement with the City.
G. Adopted plans - Considering whether the proposed encroachment or
vacation is consistent with any adopted plan (i.e. trails, malls,
improvement district, etc.)
H. Benefit - Considering whether the encroachment or vacation is
beneficial to the City of Aspen. As a general policy, it is not in the
City's interest to grant encroachments or vacations, thereby giving
public property to private use. New structures should be able to
accomplish their various needs within the confines of their property
boundaries and required setbacks. Granting of encroachments should
generally occur under one of the following conditions:
i) To acknowledge an existing conditions and outline the owner's
liability and responsibility and responsibility for maintenance
and removal of the encroaching structure.
ii) To license an encroachment an encroachment that is a public
amenity. Examples may include awnings on commercial
structures, planters in the right-of-way, irrigation systems to
maintain landscaping, etc.
I. Vacation of public right-of-way should generally occur under the
following conditions:
iii) It can be demonstrated that the City has not used the right-
of-way historically for roadway, utility, or other purposes.
iv) All affected' utilities and governmental agencies_ do not
anticipate a reasonable future need for the right-of-way.
KM92152
•
•
McFLYNN & PICKETT
LAWYERS
A PROFESSIONAL CORPORATION
THE SMITH ELISHA HOUSE
320 WEST MAIN STREET. SUITE 1
P.O BOX I
ASPEN. COLORADO 81611
TIMOTHY MCFLYNN` TELEPHONE (303) 925-2211
MARTHA C. PICKETT TELECOPIER (303) 925-2442
-A—,—.o11C-11 ..0 April 23, 1992 „
Chuck Roth APR ?e 199Z
City of Aspen
Engineering Department
130 South Galena Street
Aspen, Colorado 81611
RE: Application for Permit to Encroach into Right -of` -Way
The Cascades, 647 South Monarch Street
Dear Chuck:
Pursuant to our telephone conversations and the City Council's
actions on approval of condominiumization of the Cascades duplex,
this letter is to request approval for encroachment into the
Gilbert Street right-of-way for purposes of the existing landscap-
ing planters and for installation of a dry well to meet the needs
for drainage related to the building.
I. REQUIREMENTS
1. Name and Address of Applicant/Representative:
Richard Cook
Peter and Deborah Cantrup
American Cement Company, Inc.
PO Box 38
Espanola, New Mexico 87532
Local Legal Representative:
Martha C. Pickett, Esq.
McFlynn & Pickett, P.C.
320 West Main Street
Aspen, Colorado 81611.
2. Location of the Encroachment: The location of the
encroachment is as shown on the enclosed drawing on Gilbert Street,
at the corner of Gilbert and South Monarch Streets, along the front
of the existing Cascades building. The building is located on
Lots 13 and 14 of Block 1, Connor's Addition to the City of Aspen.
CJ
•
Chuck Roth
April 23, 1992
Page 2
3. Name and Address of Abutting Property Owners Affected by
the Area of the Encroachment: There are no abutting property
owners affected by the encroachments which will encroach into City
right-of-way (Gilbert Street).
4. Nature of the Encroachment: The encroachment requested
is to allow the existing landscaping planters to remain on the
property at the entrances off Gilbert Street (See Plat). The
Council agreed with the Planning Staffs recommendation that these
planters help to create a softer facade to the building and create
a safety buffer between the underground parking and pedestrians
walking along the street so that people are not walking immediately
next to the building when a car comes out of one of the garages.
The second encroachment request is for the dry well. As
you may recall, the Engineering Department had requested that a
dry well be placed in the area in front of the garage on the
property; however, because there is living area below grade which
would be affected, that is not feasible. Therefore, we would
request that the applicant be allowed to install a dry well within
the Gilbert Street right-of-way. (See proposal from Gert Zeller,
attached hereto, regarding the proposal for the dry well installa-
tion.)
II. SUBMITTAL ENCLOSURES
1. Executed Encroachment Agreement.
2. Executed Curb, Gutter and Sidewalk Improvement Agreement.
3. Site Survey (Condominium Plat).
4. Processing fee of $300.00.
Respectfully submitted,
McFLYNN & PICKETT, P.C.
By:
M a C . Pi,kett
MCP/ljn
Enclosures
cantrup\rothA tr
r � � W I � • � J
o
�-- ASPEN MOUNTAIN TOW OUSE
co Ll
I
In
zI
c �T19 ca PLA s
I ON F� AID
STRA,MS AND -CONNOR'S ADDITIONS TO G I LBER ET
ILORADO DESCRIBED AS MLLOWS: I
ER OF THE SOUTHERLY FOUR (4) I t�1 - 26' I DE RIGHT OF WAY
DDITION TO THE -CITY OF ASPEN' _
I TY OF ASPEN LS 13166 " BEARS S770 38 -L(�C
_ CONC. GUTTER - - - - s 23'
TO A REBAR WITH YELLOW CAP 3.06' S r /
G I PE 5' 27' W 00.0.B. _ DRIVE
T TO A POINT FROM WHENCE ' A o I _ _ 2376
BEARS S.15'57'24"W. 20.17 DISTU = O O
itY ENI- (�
:T TO THE SOUTHEAST CORNER OF
1, CONNOR' S ADDITION TO THE - - - - I 14. IS' z.e 2.e - - _ _
:T ALONG THE WESTERLY LINE OF
11
ING THE NORTHERLY LINE OF TJ-iE I s - 0.3' 3 STORY I I WOOD FRAME �
BLOCK 1. CONNOR' S ADDITION TO °�' ;a 3 AREA
BEGINNING CONTAINING 4,537 0 AREA , DUPLEXUPPIER u� �>PPER LEVEL 4 1
m (� LASErENT o, LEVEL
oaac
v 1 _ W
OR LESS I m
Q I W I N M DECK ;
Q I N J `J 1
W W TOTAL AREA 4.537 S❑ FT •/-JJ I Q
Q I N ..... 10 s 5 2 1
I - CASCADE -_
N o N 9.
C A S A D E In EAST UNIT
' 7 ss' WEST UNIT IP
u� a I � —
1 1 �
I z Z ; 1 1Z m 3
a -
I o
CD m ' 12.31
Z I I I4 01 _ 0' _
10.16, PL
O co 'XT,ELECTRIC EASEMENT ROOF OVERHANG
652 /645 DE
f- OUTSIDE WALKWAY 8"SUPPORT d WALL EASEMENT vjjG- C'E.w c OUTSIDE WALKWAY
W
T_I ' SET 0.5 51ALL EASEMENT 16129
u I �� CAP 16129 S75 27' 10'E 103.20 R I COVED WALKWAY ❑ MGAS
ETERS
Q W 5' ELECTRIC 8k GAS
I Nf' W EASEMENT FOR STO E VETEER EASEt�T 6 5 2/ 6 4 5
1AND UTILITIES BK652 PG 645 I
t \ cD DRIVEWAY
If
T E S w! z �14--- S 0.26'
L 9018 651 MOI\IARCH CONDOMINIUMS
CAP AS NOTED ,
McFLYNN & PICKETT
LAWYERS
A PROFESSIONAL CORPORATION
THE SMITH-ELISHA HOUSE
320 WEST MAIN STREET. SUITE 1
P.O. BOX I
ASPEN, COLORADO 81611
TIMOTHY McFLYNN*
MARTHA C. PICKETT
ALSO ADN-EO IN CALIFORNIA November 20, 1991
NAo 2 1
� N �
P \ac,
TELEPHONE (303) 925-2211
TELECOPIER (303) 925-2442
Leslie Lamont VIA HAND DELIVERY
Planning Office
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
RE: Application for Condominiumization of the Cascades,
a Condominium, 647 South Monarch Street
Dear Leslie:
Thank you again for meeting with me on such short notice for
a Pre -Application Conference regarding condominiumization of the
above -referenced property. Please find enclosed an Application for
your review. I am also submitting a condominiumization plat
prepared by Aspen Survey Engineers for your and the Engineering
Department's review.
We would really appreciate being scheduled on the December
16th City Council Meeting for this condominiumization approval.
I will confirm with Bill Drueding that all matters have been taken
care of with regard to the Building Department's concern.
If you have any questions, please do not hesitate to call me.
Thank you again for your cooperation.
Sincerely,
McFLYNN & PICKETT, P.C.
By:
a tha Pickett
MCP/ljn
Enclosures
cc: Richard Cook
Linda Martinez
misc\lamont.ltr
ATTACHMQlr 1
• LAND USE AP=C ATIC H FUM
1) Project Name The Cascades, a Condominium
2) Project Iocation 647 South Monarch Street, Aspen, Colorado
(legal description enclosed)
(indicate street address, lot & block number, legal description where
appropriate)
3) present Zoning L/ T R 4) lot Size 4,537 s q. f t.
5) Applicant's Name, Adds & Phone # Richard Cook, attorney in fact
for owners, Peter and Deborah C Cantrup
6) Representative's Name, Address & Phone # Martha C . Pickett, E s q . ,
McFlynn & Pickett, P.C., 320 West Main, Aspen, CO 81611: 925-2211.
7) Type of Application (please credo all that apply):
Conditional Use Conceptual SPA Conceptual Historic Dev.
Special Review
Final SPA
Final Historic Dev.
8040 Creenline
Conceptual PUD
Minor Historic Dev.
Stream Margin
Final PUD
Historic Demolition
Mountain View Plane
Subdivision
Historic Designation
X Condcminiu ization
Text/Map Amendment
(3M)S Allotment
Iot Split/Iat Line
G'�S Sian
Adjustment
8) Description of E -i
st i ng Uses (1 &mk)er and
type of existing ng stniclaaes:
apprrndmate sq. ft- •
number of bedrooms; any
previous approvals granted to the
property) -
One duplex structure, containing two
residential units of three
bedrooms each.
Each unit contains approximately square
feet.
9) Description of Development Application
Application for
Subdivision Exemption
- Condominiumization
of Two Residential Units.
10) have you attached the following?
X Response to Attachment 2, M i n i m m S ,Fm i ion Contents
X Response to Attachment 3, Specific Submission Contents
X Response to Attachment 4, Review Standards for Your Application
APPLICATION FOR SUBDIVISION EXEMPTION -
CONDOMINIUMIZATION OF THE CASCADES, A CONDOMINIUM
Pursuant to § 7-1007 of the Aspen Land Use Code, the following
is an Application for subdivision exemption and condominiumization
of property located at 647 South Monarch Street, known as the
Cascades, a Condominium. There is an existing duplex being
constructed on the property, which is being built pursuant to a
valid permit, a permitted use on this legally subdivided lot in the
L/TR zone district.
I.
Criteria For Approval of Condominiumization Application
A. Purchase Rights of Existing Tenants. This new construc-
tion has been in progress since April, 1987. There are no existing
tenants with purchase rights to be notified.
B. Minimum Lease Requirement. The Applicant requests that
there be no minimum lease requirement for these condominium units
because the property meets the requirements of § 7-1007 (1) (b) (2)
and these residential units are located in the lodge/tourist
residential zone district.
C. Affordable Housing Impact Fee. The Applicant acknowledg-
es that an affordable housing impact fee in the amount of $8,050.00
per unit may be required as a condition of approval. To the
Applicant's knowledge, this property has not been subject to a GMP
approval where employee housing cash -in -lieu fees might have been
paid.
D. Required Building Inspection. The Applicant understands
and acknowledges that the building proposed for condominiumization
shall be inspected by the Building Department to confirm that it
meets fire, health and safety requirements. At this time, a
certificate of occupancy has been issued for the west unit and the
east unit is being completed pursuant to a building permit and a
certificate of occupancy is anticipated in the near future.
E. Request for Vested Rights. Pursuant to § 6-207 of the
Aspen Land Use, the Applicant hereby requests that vested rights be
granted in this condominiumization approval.
II.
Enclosures
A. A check in the amount of $905.00 as an application fee,
$780.00 to the Planning Office, and $125.00 to the Engineering
Department.
B. Three copies of this application.
C. Three copies of the condominium map, prepared by Aspen
Survey Engineers. (Please note that an Agreement between the
Applicants and the adjacent property owners has been recorded in
Book 652, Page 645 with regard to reciprocal grants of easements
for encroachments shown on the map. A copy of this Agreement is
enclosed for your reference.)
D. Proposed Statement of Exception from the Full Subdivision
process.
E. Consent to Land Use Application executed by record title
holders.
F. verification of ownership from Pitkin County Title, Inc.
If I can be of further assistance in your review or if I can
provide any additional information, please do not hesitate to call
me.
Dated this 20th day of November, 1991.
Respectfully submitted,
McFLYNN & PICKETT, P.C.
By:
Mar a C Pickett
MCP/ljn
Enclosures
misc\applicat.cas
-2-
&334978 c7 /C9/91 16:o Re�10.00 Bi::' 652 FG 645
Silvia Davis, F'itE::in Cnty er-l-::, Doc $.(")()
AGREEMENT
(cS _Li / a yy
1. Thws Agreement is made this —AT dray o*--ncr
1991,b�• and
berween Silver Shadow _%)ndomirtium As seciatiorl,, a Cclo ado
non-profit corporation ("Silver Shadow") , and Pet:== ii. C.:a :trap ar:(i
Deborah A. Cantrup ("Cantru.p") , relative to t iat p:': operty do -'scribed
in Exhibit "A" belonging to silver Shadow ( t'Si. vet s:^.<,dow
Property") and that property - iI EY.�.ibit belonging t0
Cantrup ("Cascade Prope_ty"), both being adjacent one to
the other and located in Pitkin County, Colorado.
2. Silver Shadow and Cantrup, in consideration of the mutual
covenants contained herein below, agree as follows:
A. The grants contained below are perpetual Covenants
running with the land, binding upon and for the h(,.nafit of _te
respective parties hereto, their heirs, e�:ecutcors, ��ers :;al
representatives, successors, and assigns.
B. Cantrup grants to Silver Shadow ,gin rasement 3 inches
in width along thY North side of the South property, of
the Cascade Property for the purpose Of providing I:oth support
for the existing covered walkway and st orag,:� shed o:: Silver
Shadow as well as providing a North wall for bath the covered
walkway and storage shed.
C. Silver Shadow grants an easement n inches 'n width
along the. South side of the North property 1_ne of thf. Sliver
Sb.adow Property for the purpose of allowing the South portion
of the existing rock veneer wall of Cantrup.
D. Silver Shadow grants an easement for access and
maintenance of gas service and meters and equipment used in
connection therewith .and being along and across the n►ost
Northerly 5 feet of the Silver Shadow Property.
E. Cantrup has ;Planted certain trees desired by Silver
Shadow in the easement described in D above. Cantrup will
guarantee such trees t_o su::vive until August 1, 1991, but the
for maintenance Lind '+nldt�rir'� Of Such
trees
_ . ..,,C Silver Shadow, along with the maintenance: of
�• = :,:;er of Silver Shadow's landscaping.
F. In addition to the easement granted to Silver- Shadv,i
for the: encroachment, of the storage shed and covered walk.,,a1,
Silver Shadow may, at Silver :shadow's sole option. and expense,
use such storage shed and walkway for p lar.ter purposes : c-r
decorative plantings as chcsen and r.,a intair.e_d solely by Sliver
THIS AGREEMENT IS BEING RE -RECORDED TO CORRECT
SCRIVNERS ERROR IN THE OMISSION OF EXHIBITS "A" AND
Paga 1 of 2 "B" AND THIS RE-3-RECORDED DOCUMENT RATIFIES AND CON-
FIRMS THIS AGREEMENT IN ALL RESPECTS WITH THE LEGAL
DESCRIPTIONS ATTACHED.
04979 r:l7 /'79/91 16: () Rec 0. o0 ELF:: 652 PG 646
Silvia Davis, Pitk:in Cnty Clerk. Doc
r�
Shadow. Sliver Shadow hcls the absolute r'ight r-'J remove any or
all of such encroaohment at any tine wit —bout notice to
Cascade.
SILVER SHADOW �OI�'DO`1IiIi 1M
ASSOCIATION, INC.
By-� - -
President
v
P ter H. Cantrup
De rah A. Can..rup
ACKNP T.,F1jGEMENTS
STATE OF rL u )
ss .
COUNTY OF,
6r.The fc•regoirg agreement was acknowledged before me by
9� .C%_ -r-� President of Silver Shado..
cdomin tin, Assvc.Lation, Inc, , this jjL= day or •Aw-, i991.
Witness my hand and off ic..ial seal. d4A�er
My commission expires:
OFFICIAL SEAL
SHARON LOVING
3' m NOTARY PUBLIC - CALIFORNIA
LOS ANGELES COUNTY
�^ My comm. expires DOG 6, 1993
ss.
COUNTY OF �rrl ,,ly
c- •/
Notary Public
Address: 7.25 5. �t�'a'za-w �-
VeZ-jt5 � � , CA `100i l
The foregoing Agreement wac3- ackn wledged before me by PeterH.
Cantrup and Deborah A. Cantrup this 5T14_ day of Ma:4--, 1991 .
Witness my hand and official Seal.
'j-&ZY
My commission expires:
�v_
otary Public
Address:
EXHIBIT "A"
The Silver Shadow Condominiums according to the Condominium Map
appearing in the records of the County Clerk and Recorder of Pitkin
County, Colorado in Plat Book 5 at Page 87
EXHIBIT "B"
The South Four (4) feet of Lot 12, all of Lot 13, and the North ten
(10) feet of Lot 14, Block One (1), Conners Addition to the City
and Townsite of Aspen, Pitkin County, Colorado
EXHIBIT "A"
THE CASCADES
647 SOUTH MONARCH STREET
ASPEN, COLORADO
LEGAL DESCRIPTION
A tract of land situated in Eames and Connor's additions to
the City of Aspen, Pitkin County, Colorado described as follows:
Beginning at the northwest corner of the southerly four (4)
feet of Lot 12, Block 1, Connor's addition to the City of Aspen
whence a rebar with plastic cap "City of Aspen LS 13166" bears
N15°4610611E 301.15 feet;
thence N77°38136"W 3.06 feet to a rebar with yellow cap
"LS 9018";
thence 515'57124"W 43.89 feet to a point from whence a rebar
with yellow cap set in conc. bears S15°5712411W 20.17 feet;
thence S75°27110"E 103.20 feet to the southeast corner of the
north ten feet of Lot 14, Block 1, Connor's addition to the City of
Aspen;
thence N15°46106"E
Monarch Street;
thence N75*27110"W
southerly four (4) feet
the City of Aspen to the
feet more or less.
misc\legal.cas
44.00 feet along the westerly line of South
100.00 along the northerly line of the
of Lot 12, Block 1, Connor's addition to
point of beginning containing 4,537 square
hiQ '—?t3-9 I W E:D 1 :S; - 02 AMt1i I C"N L- cNT P
CONSENT TO LAND USE APPLICATION
The undcroibncd, I`ctar Ii. Cantrup, bcins attC'ncy in fact £or
Deborah A. Cantrup, sole owners of the property known as the Cascades,
at 647 South Monarch ileeally dn4cribed an the attAchad Embibit
"A") conaents to the submiaoion to the City of Acpcn, by McFlynn
b I`ickctt, P.c., an application for aubdiviaioa cncmption and condum-
iniumization approval for the aub�ect property.
Executed this day of November, 1991.
Peter H. Cantrup
Peter H. Cantrup, A orney in Fact
for Deborah A. Cantrup.
[,IOV E1 '91 13:-6 F'ITKI4UHT`i' TITLE AAAAAAAAAAHA F'.1: 1
PITX1N COUNTY TITLE, INC.
601 EAST HOPKINS, 3RD FLOOR
Vincent J. Higens ASPEN, COLORADO 81611 Christina Davis
President 303-925-1766 ; 303--925-6527 PAX Vice President
CERTIFICATE OF OWNERSHIP
Pitkin County Title, Inc., a duly licensed Title insurance Agent in the
State of Colorado hereby certifies that PETER H. CANTRUP AND DEBORAH A.
CANTRUP are the owner's in fee sample of the following described
property:
THE SOUTH FOUR (4) FEET OF LOT 12, ALL OF LOT 13, AND THE NORTH TEN (10)
FEET OF LOT 14, BLOCK ONE (1), CONNERS ADDITION TO THE CITY AND TOWNSITE OF
ASPEN.
COUNTY OF PITKIN, STATE OV COLORADO
Subject to easements, rights -of -way and encumbrances of record_
This certificate is not to be construed to be a guarantee of title and
is furnished for informational purposes only.
PITKTY COUN Y TI.E, INC.
;�
BY:
author ed signature
DATED: NOVEMBER 21, 1991
��'' !
L Ll al- -1-!'- I PARK J L
�T-r-11� T r � � � � j � /�V/UM MAP OF CAS M
g CONS OM A DE TOWNHOUSE VILLAS, A S, A CONDO /N/UM
DURANT AVE.
--r • I ---�TTT{�-- 1 - ^-� r--rT —1r
� I � I,�,1314 5 8 7181 I j I.) I �. i I I
I
4 13Qj,�, I f^
4 0_U' �2 AWN gT, C O�
, WN ST
2 I
r�
0 `IL4�Tti r
c t ..�j Bt: PT $1-. 1 . iJ�.�i../ I I � 8
%SITE
E.
-T-1 r b 7 i
i r.. �, it,_ /
22
4 _ MT.r—
QUEEN
VICINITY MAP
tCITY OF
ASPEN
f 15166
w
0
in
F Ln �..—..
z
I
LEGAL DESCRIPTION
A TRACT OF LAND SITUATED IN EAMES AND CONNOR'S ADDITIONS TO
THE CITY OF ASPEN, PITKIN COUNTY, COLORADO DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHERLY FOUR (4)
FEET OF LOT 12, BLOCK 1, CONNOR'S ADDITION TO THE CITY OF ASPEN
WHENCE A REBAR WITH PLASTIC CAP "CITY OF ASPEN LS 13166" BEARS
N.15'46'06"E. 301.15 FEET:
3.06,
THENCE N.77'38'36"W. 3.06 FEET TO A REBAR WITH YELLOW CAP
i GI
"LS 9018";
1
THENCE 9.15'57'24"W. 43.89 FEET TO A POINT FROM WHENCE A
s01811
REBAR WITH YELLOW CAP SET IN CONC. BEARS S.15'57'24"W. 20.17
DISTURBED
FEET;
E S.75'27'10"E. 103.20 F TO THE SOUTHEAST CORNER OF
THE NORTf� TEN FEET OF LOT 14. BLO 1, CONNOR'S ADDITION TO THE
z a
CITY OF ASPEN;
THENCE N.15'46'06"E. 44.00 FEET ALONG THE WESTERLY LINE OF
0
SOUTH PdVRCH STREET;
Q
T CE N.75'27'10"W. 100.00 AL JG THE NORTHERLY LINE OF THE
� m
SOUTHERLY FOUR (4) FEET OF LOT 12, BLOCK 1, CONNOR'S•ADDITION TO
THE CITY OF ASPEN TO THE POINT OF BEGINNING CONTAINING 4,537----
o
SQUARE FEET MORE OR LESS.
Q1
,I m v
TOTAL AREA - 4,537 SQUARE FEET MORE OR LESS
m
:'1 w
rU
I c
_
N
NIz
c
12.3'
Z "
J
IPL
0 m
H
CD V I �■
Q W I O
Y N'
N ILo
W I ;
LEGEND & NOTES Q
'I T
1 ,
FOUND SURVEY MONUMENT REBAR W/ CAP AS NOTED
LAWYER'S TITLE INSURANCE CORP.'S TITLE COMMITMENT PCT-703-87C2
DATED OCT. 16, 1987 WAS USED IN THE PREPARATION OF THIS PLAT
SURVEY ORIENTED WITH FOUND MONUMENTS ALONG THE WESTERLY LINE GF
SOUTH MONARCH STREET N,15'46'06"E.
G.0 E. GENERAL COMMON ELEMENT, PARTY WALL OR UTILITY SPACE
THE CASCADE EAST UNIT AND CASCADE WEST UNIT INCLUDE THE LAND
UNDER THEM (LAND CONDOMINIUM)
ROCK FACIA ON CONCRETE WALL
PARKING ANALYSIS PER UNIT: 2 SPACES IN CONC. DRIVE AND 2 SPACES
IN GARAGE
PIPE
B.
V CONC. DRIVE
ASPEN MOUNTAIN TOWNHOUSES
G I LBER T STREET
in, u 1 of PI G(-11' Or WAY
cONC. GUT_TlER 51.23
N75027'10'W 100.00' I
1.5
c�
OPEN I
UPPER
AREA LEVEL
p I DECK
I
I N
' N
ti^ I CASADE
5' WEST UNIT
7.55'
I
m
p
N
c� N
OUTSIDE WALKWAY
SET
CAP 16129
114.
2.8' 2.8 - -
I
I
.
Ir
wll
< s.ls•
,U
3 STORY I�IVDDO FRAM£
DUPLEX V/ I (CONCRETE
I
BASEMENT
IM
a
W TOTAL
AREA 4,537 SO FT +/
Is
CASCADE
to
EAST UNIT
a 'r
I :z
652 /645 nt0+
8"SUPPORT 9 WALL EASEMENT < 0•C'E;
0.5 Whit EASEMENT
S75°27'10'E 103.20'
..... _ - 40'
1_5' ROOF OVERHANG
OUTSIDE WALKWAY
COVERED WALKWAY
EASEMENT FOR STONE VENEER
W AND UTILITIES BK652 PG 645 DRIVEWAY
o —
L) Lo�-a-- 5 0.26'
z
9018 651 MONARCH CONDOMINIUMS
ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY
WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT. MAY ANY ACTION BASED UPON
ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION
SHOWN HEREON.
N
w
s
0 5' 10' 15' 20
SCALE 1 11= 10'
1
- -I.s
v OPEN
3 I AREA
UPPER
LEVEL uj
DECK p I
w'
I
--9.S,
I
0
I o:
I
XFMR OAS
METERS
5' FIECTRIC a GAS
EASEMEN'i 652/645
i
W
2376
LLI
I �
�
Q
>
I
0
0
10. 16, PL
�-9'X 7' ELECTRIC EASEMENT DEDICATED BY THIS PLAT
� 16129
[�
L�
7�
V 1
PREPARED BY
ASPEN SURVEY PNG I NNE R I S INC.
210 S. GALENA ST
P.O. BOX 2506
ASPEN, COLORADO 61612
(303) 925-3816
DATE JOB NO.
7-19-90 151B9
Z
C)
Lo
O
m
D
m
Z
Q
Z
D
CD
Z
w
m
Q
OWNER'S & MORTAGEE'S CERTIFICATE
KNOW ALL MEN BY THESE PRESENTS THAT PETER H. CANTRUP AND DEBORAH
A. CANTRUP . BEING THE RECORD OWNER AND VALLEY NATIONAL BANK,
ESPANOLA, NEW MEXICO BEING THE MORTGAGEE OF CERTAIN LANDS IN THE
CITY OF ASPEN, PITKIN COUNTY, COLORADO AS DESCRIBED HEREON, DOES
HEREBY CERTIFY THAT THIS CONDOMINIUM MAP OF CASCADE TOWNHOUSE
VILLAS, A CONDOMINIUM, HAS BEEN PREPARED PURSUANT TO THE PURPOSES
STATED IN THE CONDOMINIUM DECLARATION FOR SAID CONDOMINIUM DATED
THIS DAY OF 19 AND RECORDED IN BOOK AT
PAGE OF THE RECORDS OF THE CLERK AND RECORDER OF THE COUNTY
OF PITKIN, STATE OF COLORADO AND DOES HEREBY GRANT UNTO THE
PUBLIC UTILITIES THE ELECTRIC EASEMENT SHOWN HEREON.
OWNERS:
PETER H. CANTRUP DEBORAH A. CANTRUP
MORTGAGEE AS (TITLE)
OF VALLEY NATIONAL BANK
STATE OF COLORADO)
)ss
COUNTY OF PITKIN 1
THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS
DAY OF 1990 BY PETER H. CANTRUP AND
DEBORAH A. CANTRUP
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES:
NOTARY PUBLIC
STATE OF NEW MEXICO )
)ss
COUNTY OF )
THE FOREGOING MORTGAGEES CERTIFICATE WAS ACKNOWLEDGED BEFORE ME
THIS DAY OF 1990 BY
AS (TITLE) OF VALLEY
NATIONAL BANK.
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES:
NOTARY PUBLIC
TITLE CERTIFICATE
THE UNDERSIGNED, A DULY AUTHORIZED REPRESENTATIVE OF PITKIN
COUNTY TITLE, INC. REGISTERED TO DO BUSINESS IN PITKIN COUNTY,
COLORADO. DOES HEREBY CERTIFY THAT THE PERSONS LISTED AS OWNERS
ON THIS PLAT DO HOLD FEE SIMPLE TITLE TO THE WITHIN DESCRIBED
REAL PROPERTY, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES
EXCEPT THOSE LISTED ON THE OWNER'S AND MORTGAGEE'S CERTIFICATE.
ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS PLAT ARE TRUE. THIS
CERTIFICATE I- NOT TJ PP cousTnuTn AS AM Xn9TWT OF TTTLP. MOD
AN OPINION OF TITLE NOR A GUARANTEE OF TITLE, AND IT IS
UNDERSTOOD AND AGREED THAT PITKIN COUNTY TITLE, INC., NEITHER
ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR
LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN.
DATED
VINCE HIGENS, 602 E. AYMAN AVE. ASPEN, COLORADO 81611
STATE OF COLORADO.
)ss
COUNTY OF PITKIN )
THE FOREGOING TITLE WTIFICATE WAS ACKNOWLEDGEOEFORE ME THIS
DAY OF , 1990 BY VINCE HIGENS AS PRESIDENT OF
PITKIN COUNTY TITLE. AJJLC
WITNESS MY HAND AND _ CIAL SEAL •
MY COMMISSION EXPIRES:
NOTARY PUBLIC
SURVEYOR'S CERTIFICATE
I, DAVID W. MCBRIDE, HEREBY CERTIFY THAT FROM NOV 89 TO APRIL 90,
A SURVEY WAS PERFORMED UNDER MY DIRECTION AND SUPERVISION OF THE
HEREON DESCRIBED PROPERTY, CITY OF ASPEN, PITKIN COUNTY,
COLORADO, AND THAT A THREE STORY WOOD DUPLEX WITH BASEMENT WAS
FOUND TO BE LOCATED THEREON AS SHOWN ON THIS MAP. THE LOCATION
AND DIMENSIONS OF THE BOUNDARY LINES. UTILITIES, IMPROVEMENTS AND
EASEMENTS SHOWN ON THE TITLE COMMITMENT AND NOTED HEREON ARE
ACCURATELY SHOWN ON THIS MAP. THIS MAP ACCURATELY AND
SUBSTANTIALLY DEPICTS THE LOCATION AND HORIZONTAL DIMENSIONS OF
THE BUILDING AND INDIVIDUAL UNITS AND THE UNIT DESIGNATIONS AS OF
7-19-90. THIS SURVEY WAS PERFORMED IN ACCORDANCE WITH COLORADO
REVISED STATUTES, TITLE 38, ARTICLE 51, SURVEY PRECISION GREATER
THAN 1:10.000.
ASPEN SURVEY ENGINEERS. INC.
-,1990 DAVID W. McBRIDE PLS 16129
CITY OF ASPEN APPROVALS
THIS MAP WAS APPROVED BY THE CITY OF ASPEN DEPARTMENT OF
ENGINEERING THIS DAY OF 1990.
CITY ENGINEER
THIS MAP WAS APPROVED BY THE PLANNING DIRECTOR OF THE CITY OF
ASPEN COLORADO SIGNED THIS DAY OF '1990.
PLANNING DIRECTOR
THIS MAP WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF ASPEN
THIS DAY OF 1990 AS ORD. NO.
SIGNED THIS DAY OF , 1990.
TTEST:
MAYOR CITY CLERK
RECORDING CERTIFICATE
THIS MAP WAS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND
RECORDER OF THE GOVNTY OF PITKIN, STATE OF COLORADO, AT
O'CLOCK. _ .M. THIS DAY OF 1990. AND RECORDED
IN PLAT BOOK AT PAGE AS RECEPTION NUMBER
CLERK AND RECORDER
SHEET I DF