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coa.lu.co.Hack/McPherson 901/911 W Francis St.A13-88
P-�q W C11 ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street a ��("D-CtZL , Aspen, Colorado 81611 ,Q v/ (303) 925-2020 LAND USE APPLICATION FEES City 00113 - 63721 - 47331 GMP/CONCEPTUAL - 63722 - 47332 GMP/PRELIMINARY - 63723 - 47333 GMP/FINAL - 63724 - 47341 SUB/CONCEPTUAL - 63725 - 47342 SUB/PRELIMINARY - 63726 - 47343 SUB/FINAL - 63727 - 47350 ALL 2-STEP APPLICATIONS - 63728 - 47360 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS REFERRAL FEES: 00125 - 63730 - 47380 ENVIRONMENTAL HEALTH 00123 - 63730 - 47380 HOUSING 00115 - 63730 - 47380 ENGINEERING SUB -TOTAL County 00113 - 63711 - 47431 GMP/GENERAL - 63712 - 47432 GMP/DETAILED - 63713 - 47433 GMP/FINAL - 63714 - 47441 SUB/GENERAL - 63715 - 47442 SUB/DETAILED - 63716 - 47443 SUB/FINAL - 63717 - 47450 ALL 2-STEP APPLICATIONS - 63718 - 47460 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS REFERRAL FEES: 00125 - 63730 47480 ENVIRONMENTAL HEALTH 00123 - 63730 47480 HOUSING 00113 - 63731 -47480 ENVIRONMENTAL COORD. 00113 - 63732 -47480 ENGINEERING SUB -TOTAL PLANNING OFFICE SALES 00113 - 63061 - 09000 COUNTY CODE - 63062 - 09000 COMP. PLAN - 63066 - 09000 COPY FEES - 63069 - 09000 OTHER Name: S-le #0Ch Address: Sp�Q1i1L �G B��aZ Check # Additional Billing: �cuo/Ac M �ti. SUB -TOTAL TOTAL r - Phone: Project:' C I Date o7-3 c4 # of Hours: __ ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 925-2020 LAND USE APPLICATION FEES City 00113 - 63721 - 47331 GMP/CONCEPTUAL - 63722 - 47332 GMP/PRELIMINARY - 63723 - 47333 GMP/FINAL - 63724 - 47341 SUB/CONCEPTUAL - 63725 - 47342 SUB/PRELIMINARY - 63726 - 47343 SUB/FINAL - 63727 - 47350 ALL 2-STEP APPLICATIONS - 63728 - 47360 ALL 1-STEP APPLICATIONS/ 37 / CONSENT AGENDA ITEMS REFERRAL FEES: 00125 - 63730 - 47380 ENVIRONMENTAL HEALTH 00123 - 63730 - 47380 HOUSING 00115 - 63730 - 47380 ENGINEERING SUB -TOTAL County 00113 - 63711 - 47431 GMP/GENERAL - 63712 - 47432 GMP/DETAILED - 63713 - 47433 GMP/FINAL - 63714 - 47441 SUB/GENERAL - 63715 - 47442 SUB/DETAILED - 63716 - 47443 SUB/FINAL - 63717 - 47450 ALL 2-STEP APPLICATIONS - 63718 - 47460 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS REFERRAL FEES: 00125 - 63730 - 47480 ENVIRONMENTAL HEALTH 00123 - 63730 - 47480 HOUSING 00113 - 63731 - 47480 ENVIRONMENTAL COORD. 00113 - 63732 - 47480 ENGINEERING SUB -TOTAL PLANNING OFFICE SALES 00113 - 63061 - 09000 COUNTY CODE - 63062 - 09000 COMP. PLAN - 63066 - 09000 COPY FEES - 63069 - 09000 OTHER SUB -TOTAL : TOTAL D %/tryL Name: { i�l Phone: Address: Project: , Check # pate - Additional Billing: # of Hours: CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: DATE COMPLETE: PROJECT NAME - �I Project Address: APPLICANT:, Applicant.A REP Rep PARC L ID AND CASE NO. STAFF MEMBER: PAID: YES NO AMOUNT: 47010.00 �fa.11ecL 1) TYPE OF APPLICATION: 1 STEP: 2 STEP: , 2) IF 1 STEP APPLICATION GOES TO: P&Z CC -PUBLIC FEARING DATE: I', 3) PUBLIC HEARING IS BEFORE: P&Z CC L/ N/A DATE REFERRED: l �� INITIALS:- REFE LS: city Attorney Mtn. Bell School District City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshall State Hwy Dept(GJ) City Electric Fire Chief B1dg:Zon/Inspect Envir. Hlth. Roaring Fork Roaring Fork Aspen Consol. Transit Energy Center S.D. Other FINAL ROUTING: DATE ROUTED: INITIAL: City Atty City Engineer Bldg. Dept. Other: FILE STATUS AND LOCATION: CASE DISPOSITION TO: File FROM: Cindy Houben RE: Francis Street Townhomes Condominiums DATE: October 25, 1988 On October 10, 1988, the City Council approved the Francis Street Condominiums with the following conditions: 1. The applicants shall pay $8,050 per unit to the Aspen/Pitkin Housing Authority for the Affordable Housing Impact Fee at the time the condominium plat is filed. 2. The following engineering items shall be addressed by the applicant prior to the recordation of the condominium plat: a. The Plat shall include a survey made within the last 12 months. b. The Plat shall include the location of a trash dumpster and utility meters. C. The Plat shall include any adjacent lots or subdivisions. d. The applicant shall submit additional drainage information to the Engineering Dept. relating to the drainage impacts on Francis Street." • 0 MEMORANDUM TO: Aspen City Council THRU: Robert S. Anderson, Jr., City Manager FROM: Cindy Houben, Planning Office RE: Consent Agenda/Francis Street Townhomes/Request for Condominiumization DATE: October 10, 1988 SUMMARY: Approval of condominiumization of the Francis Street duplex currently under construction. REQUEST: Approval to condominiumize a duplex currently under construction. APPLICANT: Steve and Frank Goldsmith LOCATION: 901/911 West Francis; Lots G,H,I ,Block 4 ZONING: R-6 DESCRIPTION OF THE PROPOSAL: The applicants are currently building a duplex on a previously vacant lot. The duplex is to be completed prior the end of 1988. Each side of the duplex is approximately 2,000 sq. ft. in size with 4 bedrooms per side. (See attached map.) REFERRAL COMMENTS: In a memo dated Sept 29, 1988 the Engineering Department made the following comments: 1. A survey made within the last 12 months must be included with this application. 2. The site plan should include the location of a trash dumpster and utility meters. 3. The site plan should also indicate any adjacent lots or subdivisions. 4. There is an existing drainage problem on Francis St. adjacent to the north side of this property. The applicant has submitted a drainage plan which meets the standards set by Code but which fails to consider the additional impact to the drainage on Francis St. We recommend that the applicant submit a plan to the 9 0 Engineering Department that will also address this problem. STAFF COMMENTS: Section 7-1008 of the Aspen Municipal Code refers to the requirements for condominiumization. 1. CRITERIA: The existing tenants shall be given first right of refusal. RESPONSE: The lot was a vacant lot prior to the construction of this duplex. Therefore there are no tenants. 2. Criteria: Residences in the R-6 zone district shall be restricted to 6 month minimum lease restrictions with no more than two shorter tenancies per year. RESPONSE: The applicants agree to the 6 month minimum lease restriction with no more than two shorter tenancies per year. 3. CRITERIA: An Affordable Housing Impact Fee shall be assessed to each free market condominium unit based on the Number of bedrooms contained in the unit. RESPONSE: The applicant agrees to pay $8,050 per unit (based on the fee schedule for three bedrooms or larger). This shall be paid at the time the condominium plat is filed. In summary, the applicants have complied with all the applicable Code requirements for condominiumization. RECOMMENDED MOTION: "Move to grant Subdivision Exemption for condominiumization of the Francis Street Townhomes, with the following conditions: 1. The applicants shall pay $8,050 per unit to the Aspen/Pitkin Housing Authority for the Affordable Housing Impact Fee at the time the condominium plat is filed. 2. The following engineering items shall be addressed by the applicant prior to the recordation of the condominium plat: a. The Plat shall include a survey made within the last 12 months. Fj 0 b. The Plat shall include the location of a trash dumpster and utility meters. C. The Plat shall include any adjacent lots or subdivisions. d. The applicant shall submit additional drainage information to the Engineering Dept. relating to the drainage impacts on Francis Street." CITY MANAGER'S RECOMMENDATION Z � ch.sgold 01 MEMORANDUM TO: Cindy Houben, Planning Office FROM: Jim Gibbard, Engineering Department - DATE: September 29, 1988 RE: Francis Street Townhomes Condominiumization Having reviewed the above application and made a site inspection, the Engineering Department has the following comments: 1. A survey made within the last 12 months must be included with this application. 2. The site plan should include the location of a trash dumpster and utility meters. 3. The site plan should also indicate any adjacent lots or subdivisions. 4. There is an existing drainage problem on Francis St. adjacent to the north side of this property. The applicant has submitted a drainage plan which meets the standards set by Code but which fails to consider the additional impact to the drainage on the Francis St. We recommend that the applicant submit a plan to the Engineering Department that will also address this problem. jg/franst cc: Jay Hammond Chuck Roth 40 4p 0 V 'I. .I ! !'I qll f�u.FRA>"►us Sr. v I Ve. a �L �FRIuw6. SIdf3 �j �If.JISH I•l.ot2 ®IOH'-5'�4. • 9'/LXId'�=�� P rOV Or= LJa1.L (D ID-)t&" rItiIdL LTYADE ®IO�to" (o �� of UNIT q0J W.FI(Ll "0fi S 0 z LL o � � Z h O 90 u) I Z'• O' � � J �_�p � � 2 CA2 &"*1, Ix En p O D J W 2 U z wr-4 She w ac 5 ; a z U W R US / U 2�� 0SU (•i Q I 75'D9' 11 C)O QO' fKAQcu _fmatTia4vi i+emnvS Grrf d �d,,Tm De p5vesj L I,, = to,-O° LLJ -I V) Cl) 3 70] ,EE ti 0 PRANcis SrTE 9 �31 4 9 5.15 H SMUGGLER HALLAM J1 L L' A 826'' 'fASP E N.; 8 1=8 II 8 T41 BLEEKER 833 ASPEN/PITRIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 925-2020 Date• 9 15/88 Steve and Frank Goldsmith P. O. Box 3126 Aspen, Colorado 81612 RE: Francis Street Townhomes Condominiumization Dear Steve & Frank, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that your application IS complete. We have scheduled your application for review by the City Council on October 10, 1988. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to your application is available at the Planning Office. If your application requires public notice, you should have already obtained a copy of the form entitled "Public Hearing Notice Requirements." If you have not already done so, please come to the Planning Office to pick up a copy. If you have any other questions, please call Cindy Houben , the planner assigned to your case. Sincerely, Debbie Skehan Administrative Assistant MEMORANDUM TO: City Attorney City Engineer FROM: Cindy Houben, Planning Office RE: Francis Street Townhomes Condominiumization DATE: September 15, 1988 Attached for your review and comments is an application submitted by Aspen Real Estate Development Company requesting approval to condominiumize a duplex which is under construction at 901/911 W. Francis Street, Block 4 Lots G, H & I. The property is zoned R- 6. Please review this material and return your comments no later than September 30, 1988 so that I have time to prepare a memo for City Council. Thank you. r: Aspen Real Estate Development Company P.O. Box 3126 Aspen,Co. 81612 925-5251 September 7,1988 Ms. Cindy Houben Aspen/Pitkin Planning Office 130. S. Galena St. Aspen,Co. 81611 RE: Francis Street Townhomes Condominiumization Dear Cindy: Enclosed is our Development Application seeking the Condominiumization of the Francis Street Townhomes. Attached you will find: 1. Attachment 1— Land Use Application Form 2. Response to Attachment 2,3 and-4 3. Improvement Survey 4. An 82" X 11" vicinity map. 5. Titile Insurance and Deed showing ownership. 6. A check for $760.00 7. Drainage Analysis Sincerely, Aspen Real Estate Development�-:Company Stephen E. Goldsmith, Vice President ATTAC! 1MMr 1 USE APPIWATION FC M * ' 1) Project Name Francis Street Towhhomes 2) Project location'901/911 W. Francis Street, Aspen,Co; Lots G-1,H,I, Block 4, City and Townsite�96f Aspen, Pitkin County, Colorado ( indicate street address; lot & block number, legal description where appropriate) 3) Prevent Zoning R-6 4) lot Size 9,000 Sq. Ft. 5) Applicant's Name, Address & Phone # Aspen Real Estate Development Company, P.O. Box 3126, Aspen,Co. 81612 925-5251 6) Representative's Name, Address & Phone # Steve and Frank Goldsmith P.O. Box 3126 Aspen,Co. 81612 925-5251 7) Type of Application (please check all that apply): -- Conditional Use Conceptual SPA Conceptual historic Dev. Special Review 8040 Greenline Stream Margin Mamtain Vie4 !Plane XV Condcminiumi7 ti n lot Split/lot Line Adjustment Final SPA Conceptual PUD Final PUD Subdivision Tbxt/Map Amendment Final Historic Dev. Minor historic Dev. Historic Demolition Historic Designation CMQS Allotment GMQS lion 8) Description of E-isting Uses (number and type of e3d_-t- structures; approximate sq. ft. ; number of bedroom; any previous approvals granted to the Ply) . Formerly a vacant lot with a Duplex under construction; Approx. 2,000 sq. ft.; tour bedrooms per side. 9) Description of Development Application Condominiumization of residential duplex under construction. 10) have you attached the following? Yes Response to Attachment 2, Minimum Submission tents Yes Response to Attachment 3, Specific Submission Contents Yes Response to Attachment 4, Review. Standards for Your Application Response to Attachment number Two Francis Street Townhomes Condominiumization Applicant: Aspen Real Estate Development Company P.O. Box 3126 Aspen,Co. 81612 925-5251 Ownership: Frank Goldsmith - President - 50% Stockholder Steve Goldsmith - Vice President - 50% Stockholder Authorized Representative: Frank or Steve Goldsmith Property: 901/911 West Francis Street Aspen,Co. Lots G-1,H,I, Block 4, City and Townsite of Aspen,Co Zoning: R-6 There are currently no liens against thzs property. The applicant agrees.to-the six month minimum lease restrictions and agrees to pay the Affordable Housing Impact Fee. This was a vacant lot and a new duplex is under construction to be completed lated this year. Response to Attachment numbers Three and Four This was a vacant lot and there were no tenants. The project has a six month minimum lease restriction with..no more than two shorter tenancies per year. The applicant will pay the $8,050 per unit Affordable 110using Impact Fee upon filing of the Plat for Condominiumization. Respectfully Submitted, Aspen RealEstateDevelopment Company up Stephen E. Goldsmith, Vice President Whn'abite l V an*'* �dCocnpbeen ash aU;hotne�h^ Su ri Pro",Pt lcl r'Whicri r SI,a11 in no ,.r •., eis +o� not q •t c e ma t�or �aai 1.ire ;o ed ILli Law�Y COW d10111n��nC2)QUARTERS �ATIOpC MoNfl��SIN jL,�' J�f �y j ALL z VIDEO � r _S To V3 _ vim✓ y.� ._� _ r„ �5 � � =�L=� r In, ��.� •ITS I TSL �e C • = �'" --�'� �'''�REST +ALL A ^: -N UNDIVIDS TO N BEST COpV - L4awyersTtle jnsurance Cqiporafion NATIONAL HEADQUARTERS RICHMOND, VIRGINIA SCHEDULE A -OWNER'S POLICY CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY '\^.J:�"3� PCT-2031 06/02/88 @ 12:13 P.M. $ 245,000.00 85-01-097254 1. NAME OF INSURED: FRANK GOLDSMITH AND STEPHEN E. GOLDSMITH 2. TIM ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS: IN FEE SIMPLE 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: FRANK GOLDSMITH AND STEPHEN E. GOLDSMITH 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: LOTS G-1, H AND I, BLOCK 4, CITY AND TOWNSITE OF ASPEN, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20 AT PAGE 46. COUNTY OF PITKIN, STATE OF COLORADO. PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. ASPEN, COLORADO 81611 (303) 925-1766 i SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER O �' THE C0vrR SHEET. I.111' 1_Ilt' I_IIC I:TIC 1_lIC I_IIC. I_I1C I:II(: I_IIC I11C Lllf LIIC LfIC I:IIC II IC I:IIC t_1lC I:fIC LTI(' I.fIC t:flC I_ll(' LfIC t:IIC I�IC 1_TIC• l_TJC d.T{CJ.TIC�dTiG LTIC Form 100 Litho in U.S.A. 035-0-100-0041/2 LIIC1_I7l' I:IIC IJIC LI1l: Llll' LIIC LIIC LIIC P LIIC 1.11C I:IIC LIIC I:IIC LIIC 1_11C LIIC 1-11C IJIC 1_11C LIFIC LTIC LTIC LTIC LTIC ITIC LTIC LTICt4a,lwye wTid nsurance / oration CASE NUMBER PCT-2031 NATIONAL HEADQUARTERS RICHMOND, VIRGINIA SCHEDULE B-OWNERS DATE OF POLICY 06/02/88 @ 12:13 P.M. POLICY NUMBER 85-01-097254 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWIN.TG: 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, encroachments, and 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 hereto - after furnished, imposed by law and not shown by the public records. 5. Unpatented mining claims, reservations or exceptions in patents or in Acts authoriz- ing the issuance thereof; water rights, claims or title to water. 6. Taxes for the year 1988 not yet due or payable. 7. Reservations and exceptions as contained in Deed from the City of Aspen recorded in Book 59 at Page 294 as follows: "Providing that not title shall be hereby acquired tc any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws." 8. Encroachment of fencing as shown on Plat of subject property recorded in Plat Book 20 at Page 46. 9. Terms, conditions, obligations and provisions of Declaration of Covenants, Restrictions and conditions as set forth in instrument recorded January 6, 1988 Book 554 at Page 486. EXCEPTIONS NUMBERED NONE ARE PIEREBY OMITTED. Form 100 Litho in U.S.A. nv a. n _inn _ nne vo • • CASELOAD SUMMARY FOR HACH/MCPHEARSON CONDOMINIUMIZATION ON JULY 11,1988 THE CITY COUNCIL APPROVED THE HACH/ MCHPHEARSON CONDOMINIUMIZATION ON A CONSENT AGENDA WITH THE FOLLOWING CONDITIONS OF APPROVAL: 1. The applicants shall file a statement of subdivision exception to the satisfaction of the City Attorney prior to recordation of the Condominium plat which shall include the following: a. Agreement to join any future improvement district if one is formed for their area. b. A six month minimum lease restriction with no more than two shorter tenancies per year. C. Agreement that if the units are sold a right of first refusal will be offered to the existing tenants. 2. The applicants shall submit a Condominium Plat pursuant to Section 20-15 of the Aspen Municipal Code which includes the following information noted by the Engineering Department: 1) Basis of bearings; 2) Title and mortgages certificate; 3) Correct language for P&Z, Council and Clerks certificates; and 4) Zone District. 3. The applicants shall provide 4 parking spaces acceptable to the Engineering Department. These spaces shall be shown on the condominium plat." CH.HACHMC2 MEMORANDUM TO: Aspen City Council FROM: Cindy Houben, Planning Office kAl THRU: Robert S. Anderson,Jr./ City Manager t,:P, ;--- RE: Hack/McPherson Condominiumization - Lot 2 East Meadows Subdivision DATE: July 11, 1988 ---------------------------------------------------------------- ---------------------------------------------------------------- SUMMARY: The Planning Office and the Planning Commission recommend approval of the requested condominiumization with conditions. This is a straight forward condominiumization . The applicants agree to all the conditions imposed by the Planning Commission. Therefore, the Planning Office is recommending that the City Council consider this as a consent agenda item. REQUEST: Condominiumization of an existing Duplex on Lot 2 of the East Meadows Subdivision. APPLICANTS: Steven C. Hack, Martha E. Ames, Douglas J. McPherson and Susan Lee McPherson. ZONING: R-15A. HISTORY: On June 7,1988 the Aspen Planning Commission recommended approval of the Condominiumization with the conditions as listed in the recommendation below. DESCRIPTION OF THE PROPOSAL: The applicants propose to condominiumize the existing duplex. The application verifies that the units have been either owner occupied or rented above the employee housing price guidelines. The unit was recently annexed into the City and zoned R-15A. The unit existed prior to that zoning, therefore, is not required to meet the requirements of that zone district with regard to a deed restriction of half of the duplex to employee guidelines. REFERRAL COMMENTS: 1) Engineering Department: In the attached memorandum dated May 2, 1988, Chuck Roth notes the following: a) Access and Parking: The applicants are required to provide four (4) parking spaces (one/bedroom) and verification that these spaces can be accessed must be accomplished. 0 • b) Common Elements: The Engineering Department questions why the access to utility meters shows as a limited common element rather than a general common element and why a general common element is provided along the east and west property lines. STAFF COMMENTS: The application was submitted on March 23, 1988 under the old Code. The criteria for Condominiumization are as follows: Criteria: Existing tenants shall be given written notice when their unit is offered for sale and be given the option to purchase the unit: Response: One unit is owner occupied, the other unit is intended to remain as a rental unit and will not be sold by the owners. Therefore, at this time, no renter will be notified that the unit is to be sold. At the time the unit is sold, the owners must offer the first right of refusal to the tenants. Criteria: All units shall be restricted to 6 month minimum leases with no more than two shorter tenancies per year. Response: The applicants are aware of and accept this restriction. Criteria: The applicants shall demonstrate that approval will not reduce the supply of Low or Moderate income housing. Response: The two units have never been at prices rented within our employee guidelines. One unit is owner occupied while the second unit is rented at .91/sq. ft. The maximum employee moderate level is .85/sq. ft. In addition, no tenant has been required to move involuntarily within the last 18 months. In summary, the units have not been rented within the last 18 months at prices affordable to employees of the community. Therefore, there is no displacement of employees associated with this application. The Planning Office has no objection to the proposed condominiumization with the conditions as listed below. For your information, the condominiumization of these units under the new Code would require an affordable housing impact fee be paid totaling $12,050.00. In the alternative, if the applicants had agreed to restrict the occupancy of the units to employees of the community, no fee would have been required under the new Code. 2 RECOMMENDATION: The Planning Office and Planning Commission recommend that the City Council make the following motion: "The Council grants approval of the Hack/McPherson condominiumization with the following conditions: 1. The applicants shall file a statement of subdivision exception to the satisfaction of the City Attorney prior to recordation of the Condominium plat which shall include the following: a. Agreement to join any future improvement district if one is formed for their area. b. A six month minimum lease restriction with no more than two shorter tenancies per year. C. Agreement that if the units are sold a right of first refusal will be offered to the existing tenants. 2. The applicants shall submit a Condominium Plat pursuant to Section 20-15 of the Aspen Municipal Code which includes the following information noted by the Engineering Department: 1) Basis of bearings; 2) Title and mortgages certificate; 3) Correct language for P&Z, Council and Clerks certificates; and 4) Zone District. 3. The applicants shall provide 4 parking spaces acceptable to the Engineering Department. These spaces shall be shown on the condominium plat." CH.HACKMC K • 0 MEMORANDUM TO: Aspen Planning Commission FROM: Cindy Houben, Planning Office RE: Hack/McPherson Condominiumization - Lot 2 East Meadows Subdivision DATE: June 7, 1988 ---------------------------------------------------------------- ---------------------------------------------------------------- REQUEST: Condominiumization of an existing Duplex on Lot 2 of the East Meadows Subdivision. APPLICANTS: Steven C. Hack, Martha E. Ames, Douglas J. McPherson and Susan Lee McPherson. ZONING: R-15A. DESCRIPTION OF THE PROPOSAL: The applicants propose to condominiumize the existing duplex. The application verifies that the units have been either owner occupied or rented above the .employee housing price guidelines. The unit was recently annexed -;jinto the City and zoned R-15A. The unit existed prior to that 10 zoning, therefore, is not required to meet the requirements of that zone district with regard to a deed restriction of half of the duplex to employee guidelines. REFERRAL COMMENTS: 1) Engineering Department: In the attached memorandum dated May 2, 1988, Chuck Roth notes the following: a) Access and Parking: The applicants are required to provide four (4) parking spaces (one/bedroom) and verification that these spaces can be accessed must be accomplished. b) Common Elements: The Engineering Department questions why the access to utility meters shows as a limited common element rather than a general common element and why a general common element is provided along the east and west property lines. STAFF COMMENTS: The application was submitted on March 23, 1988 under the old Code. The criteria for Condominiumization are as follows: Criteria: Existing tenants shall be given written notice when their unit is offered for sale and be given the option to purchase the unit: Response: One unit is owner occupied, the other unit is intended to remain as a rental unit and will not be sold by the owners. Therefore, at this time, no renter will be notified that the unit is to be sold. At the time the unit is sold, the owners must offer the first right of refusal to the tenants. Criteria: All units shall be restricted to 6 month minimum leases with no more than two shorter tenancies per year. Response: The applicants are aware of and accept this restriction. Criteria: The applicants shall demonstrate that approval will not reduce the supply of Low or Moderate income housing. Response: The two units have never been at prices rented within our employee guidelines. One unit is owner occupied while the second unit is rented at .91/sq. ft. The maximum employee moderate level is .85/sq. ft. In addition, no tenant has been required to move involuntarily within the last 18 months. In summary, the units have not been rented within the last 18 months at prices affordable to employees of the community. Therefore, there is no displacement of employees associated with this application. The Planning Office has no objection to the proposed condominiumization with the conditions as listed below. For your information, the condominiumization of these units under the new Code would require an affordable housing impact fee be paid totaling $12,050.00. In the alternative, if the applicants had agreed to restrict the occupancy of the units to employees of the community, no fee would have been required under the new Code. RECOMMENDATION: The Planning Office recommends approval of the Hack/McPherson condominiumization with the following conditions: 1. The applicants shall file a statement of subdivision exception to the satisfaction of the City Attorney prior to recordation of the Condominium plat which shall include the following: a. Agreement to join any future improvement district if one is formed for their area. b. A six month minimum lease restriction with no more than two shorter tenancies per year. C. Agreement that if the units are sold a right of first refusal will be offered to the existing tenants. FJ 5� • 2. The applicants shall submit a Condominium Plat pursuant to Section 20-15 of the Aspen Municipal Code which includes the following information noted by the Engineering Department: 1) Basis of bearings; 2) Title and mortgages certificate; 3) Correct language for P&Z, Council and Clerks certificates; and 4) Zone District. 3. The applicants shall provide 4 parking spaces acceptable to the Engineering Department. These spaces shall be shown on the condominium plat. C4 P ' r to s ' ature of t plat by t e Eng,' net ing D tment, applicant s provide w verif'cation at he p cel an be a ess by bo p ivate cess roads. CH.HACKMC June 3, 1988 City of Aspen Planning Department Dear Sir: 3 In reference to the Hach/McPherson condominiumization of Lot 2, East Meadow Subdivision: The North unit has been rented since September, 1987 (lease attached) through October 1988 for $950.00 per month, no utilities included. Before our purchase of subject property, (November 18, 1987), the subject unit was rented for $900.00 per month, no utilities included. 1• . .V -Mc • State of Colorado ) ) ss. County of Pitkin ) Subscribed and sworn to before me this ,-3Xl- day of , 1988. Witness my hand and official seal. My commission expires: �,e�j�//� /�l�'�• Notary Jli bl i c �'� MEMORANDUM To: Cindy M. Houben, Planning Office From: Chuck Roth, Assistant City Engineer (2-9- Date: May 2, 1988 Re: Hach/McPherson Condominiumization Having reviewed the above referenced application and having made a site inspection, the Engineering Department has the following comments: 1. Access - Since the roads shown on the plat are both private roads, it is unknown what the restrictions of use are on the roads and if a subdivided property may be served by the roads. 2. Parking - It is not known from the application how many bedrooms are in the structures in order to determine the number of parking spaces required. Although the code requires eighteen foot long parking spaces, that dimension is for straight in parking, as in a garage. For parallel parking, twenty-two feet of length is actually needed in order to be able to perform the parallel parking maneuver required to enter and exit a parallel parking space. The plat showsa parking space on top of an existing wood fence. The site inspection revealed that cars were actually being parked perpendicular to the fence, thereby encroaching into the private road. The site inspection also revealed that the area at the northwest corner of the lot which has the wooden fence notched around it is actually being used as a parking space. If this last use is going to be maintained, the space should be designated on the plat. The applicants might want to designate the space as a limited common element to the north unit. If four spaces must be provided, the fence will have to be relocated to allow for cars to park where the fence is. Does the use agreement for the private roads allow any parking on the roads? If the current parking space at the northwest corner is to be used, it must be designated on the plat. If it is not to be used, it appears that there is room for four spaces in the front if the one on the east is perpendicular to the fence, and the other three are parallel at twenty-two feet each. Still, the fence would have to be relocated. The trash storage area might be relocated to the northwest corner. • 3. It is not clear why the applicant would provide ten foot GCE's along the east and west property lines. There is in fact a snow fence installed which restricts that use. The utility meters are located within an LCE which would restrict the adjacent owner from access to the meter. 4. The plat needs: the basis of bearings; title and mortgagee's certificates; correct language for P & Z, Council, and Clerk's certificates; zone district 5. A title statement, schedule B, needs to be provided in order to confirm that all the easements of record are platted. The surveyor's certificate should indicate the policy number or other title commitment identification. What does the qualification "where applicable" mean in the surveyor's certificate? 6. The legibility of the certificates is marginal. It is questionable if they would stand up to microfilming and remain legible. cc: Jay Hammond, City Engineer CR/cr/memo 88.42 \ OCgov� +loK�_ Pt PRI ROAD ✓4T 5 S�•Z-6,o j Vt-aT, co•JrKot, PT. E-L_._-1g4i � � �I .gJc ��M iq'14 GiT( dF A�iYF� A �z.3g ® JQrf� MG ff� r TY • 1 I I 11 M LT LZ`7 11 I I I I� � I i 1 I LOT 21 NORTH , (A-7-EA q ogoz.IFr) GC.E. I UNIT L.C.E. ' t' L.C.E. I I I 1 NORTH V� NORTH - C UNIT UNIT G.C.E. ONE PAN�\BODE oil SOUTH ', I I �- 2 L.C.E. I 1 I L.C.E 1 UNIT I1 SOUTH N SOUTH 1, UNIT I I I 1 UNIT a I � �_>YF' t I 3' VE�- "X G..E. --� I -79 41 I 47 �43 S� 7�'S6'� I 4 ityv Z-ES SMD �G ER SRO >� V4 GROVE DR r V N (.d-. �Adw4., , E • TO: City Attorney City Engineer Housing Director FROM: Cindy M. Houben, Planning Office RE: Hach/McPherson Condominiumization DATE: March 28, 1988 Attached for your review and comments is an application submitted by Gideon Kaufman on behalf of his client, Steve Hach requesting condominiumization of an existing one-story duplex structure containing 1,050 sq. ft. currently located on Lot 2, East Meadow Subdivision, known as 23 Smuggler Grove Road. Please review this material and return your comments no later than April 29, 1988 in order for this office to have adequate time to prepare for its presentation before P&Z. Thank you. • ASPEN/PITKIN PLANNING OFFICE 130 S_ Galena Street Aspen, OD 81611 430) 92572020 11) fi 11 , _T 19�� Dea r • This is/ to inform you that the Planning Office preliminary review of the captioned application_ that your application IS NOT complete_ has completed its We have determined Additional items required include: y Disclosure of Ownership (one copy only needed) Adjacent Property Owners List/Envelopes/Postaoe (one copy) Additional copies of entire application Authorization by owner for representative to submit applica- tion Response to list of items (attached/below) demonstrating compliance with the applicable policies and regulations of the Code, or other specific materials A check in the amount of $ I A_. Yodr application s compi'ete and we have scheduled it for review by the � o n T "` -e- "1 We w it 1 call you if we need any additional information prior to that date_ - Several days prior to your hearing', we will call and make available a copy .of the memorandum_. Please note that it IS NOT your responsibility to post your property with a sign, which we can provide you for a $3_00 fee. B_ Your application is incomplete, we have not scheduled it review at this time_ When we receive the materials we have. requested, we will place you on the next ava�able agenda_ If you have any questions, please call the planner assigned to your case_ Sincerely, ASPEN/PITKIN PLANNING OFFICE t LEASE AGREEMENT THIS LEASE, made this g day of by and 'between (7(.,�,t�' pod � sys�-�N (hereinafter referred to as "Lessor") and 1(,V_G (hereinafter referred to as "Lessee"). ;! W I T N E S .:S.:E: T jH 1. Description and Term:' Lessor, in consideration of the rent reserved hierein to be paid by Lessee and of the • other covenants., agreements and conditions hereinafter contained to'be kept, performed and observed by Lessee, does hereby let and lease unto Lessee, I�OQ (�fy (�- c) isiCR4 � PU'� ro ( b(( , Pitkin County, Colorado (hereafter referred to as "the premises") to be used and occupied by Lessee as a private residence, and for no other I� purpose, , -for the term beginning on the Ig day,, ofU(?�(63( 1'98?, and ending on the _�j� day'of1 OC-i-o���2 2. Rent: Lessee, -in consideration of the.'demise and - ,r•.r ..+' .. , '! .`. i:'". ;. �. K +`I F�+i.bra .l.. i�^i'�'•t.'ii , of the covenants and" agreements' •made hereby, by •:Lessor', 1„ '' t.'. .. - ... ' ... ..�. '.. ,:+ ,-sir ?41:��•f.+}�1.• leases .. --the premises for said term and does' hereby ".agree '.and .. romise to -pay to Lessor Lessor's successors , -..representatives P ,P Y , ,:representatives., ! +r.and assigns as rental for said premises :'the,.sum of inlawful money of the United States, payable as follows: $.' qg6 per month, commencing the `g of, Nov. 19 and continuing monthly thereafter. .:. i 3. Condition of Premises: Lessee accepts the'premises and furnishings identified on Exhibit A attached here to.in '•: theirpresent condition and acknowledges that there `is ' no damage thereto, except as may be indicated herein.Lessee agrees,to keep:said premises and furnishings in a good and + BEST y clean condition; to make no alterations or additions to the same; to commit no waste thereon; to obey all laws and ordinances affecting said premises; to replace all glass broken or cracked; to make or to repay Lessor the cost of all repairs and/or replacements made necessary by the negligent or careless use of the premises and furnishings and to. surrender the premises at the termination hereof in like condition as when taken, reasonable wear excepted. Lessor agrees to.maintain the premises in good and habitable condition structurally, including the plumbing, heating, wiring,. -and to make needed repairs to the major appliances unless'any, of such repairs are occasioned by Lessee's negligence or carelessness, in which event such repairs shall forthwith be ,made by Lessee. 4. Utilities: Lessee shall pay for Pt(,L. (+1 (-(7f- E ................ Lessee is responsible for making all arrangements with the respective utilities companies in Lessee's name. 5. 'Security Depos'it: As a further consideration for the execution of this lease by Lessor, and in addition to the rent agreed to be paid herein, Lessee agrees to pay Lessor the sum of $ ��{-�� ' ©� as a security deposit upon the execution of this lease, the receipt of which is hereby acknowledged. If Lessee shall promptly pay the rent as provided for herein, and if Lessee shall comply with each and all of the terms and conditions of this written lease which are to be performed by Lessee during Lessee's entire tenancy, then, in such event, upon the termination of this tenancy and after the surrender of the possession of the leased premises according to the terms of this lease in good and cleah-condition, reasonable wear excepted, Lessor will- CED refund to Lessee the said sum of $ .�- Provided, -2- p�G however, that if the premises are riot in as clean a condition as when received, Lessor shall engage the services of such professional cleaning personnel as are necessary to do•so, and shall deduct from the security deposit the.cleaning fees so 00 incurred based upon an hourly rate of $ 6. Guests: Lessee agrees that Lessee shall permit only occasional overnight stays by.guests, it being.the desire of Lessor to limit the number of persons residing at the premises to Lessee• ;'�►.> o ' Spo usa At no time shall there ever be more than- guests staying overnight. .Lessee._shall be -.strictly liable_for.any.damage caused to the premises or propert.y.by Lessee's guests and invitees.' 7. Ass'ignm•ent or Subletting: Lessee shall not assign or sublet all or part of the premises without Lessor's prior written consent. Any assignment or subletting without such consent shall be null and void and of no effect whatsoever. B. 'Ahimals- Lessee agrees that no pets of an shall be permitted inside the leased prem' or on the.. adjacent grounds by Lessee ssee's guests or invitees. Lessee shall rictly liable for any damage caused by a ch of this provision. 9. Nois'es: Lessee shall not permit loud noises, whatever the source, from the leased premises to disturb the neighborhood or the occupants of the building of which the premises are a part. Lessee covenants to pay special attention to this requirement between 10:00 o'clock P.M. and 10:00 o'clock A.M. 10. ' Destruction 'of' Premises: In case of partial destruction or injury to said --premises by fire, the elements or other casualty, Lessor shall repair the same with reasonable dispatch after notice to Lessor of such destruction or I untenantable by fire, the elements or other casualty, the term hereby granted shall cease and the rent shall be paid up to the date of such injury or damage. ..11. Non -Liability of Lessor: The Lessee covenants that the.Lessor shall not be liable for any damage or injury to the Lessee, the Lessee's agents, guests or invitees or to any person entering the premises or to goods or chattels therein resulting from any defect in the structure or its :.equipment, or,for any other reason, and further -to indemnify and save'Lessor.harmless from all claims of every kind. and nature arising out of this Lease Agreement. 12. Eyi'ct'ioa: Lessee covenants that in the event of a partial eviction occasioned by act or neglect of Lessor that does not materially affect the beneficial use by Lessee, the obligation to pay rent shall not abate but possession shall be restored or the.rental reduced proportionately at ..;,.the option of the Lessor. .13. Pay ent• 'of' 'Rent: All payments of rent shall be t�ouc��RS s f��PN-ERSoN made payable: to Lessor c/o Boy- L{-(+12. -kc>peIJ 11 CO Rt 6 2- or at such other place as Lessor may designate in writing. In the event Lessee pays by mail, the mail to Lessor enclosing rh the check shall be postmarked on or before the 5 of the month. 14. Vacating upon Termination: Lessee further covenants and agrees that upon the expiration of said term, or upon the termination of the Lease for any cause, Lessee will at once peacefully surrender and deliver up the whole of the above -described premises together with all improvements thereon to Lessor, its agents and assigns;' in like condition as when taken, reasonable wear excepted. II15. Holdover Tenancy: Lessee covenants that Lessee's occupancy of the premises beyond the term of this Lease -4- shall not be deemed as a renewal of this Lease for the whole term or any part thereof, and such holding over shall be deemed and taken to be a tenancy at will at a monthly rental of .$ 000 "P er month, payable in advance on the same day of each month as set forth above, all other terms and;conditions of this Lease remaining the same and in full force and effect. 16...• Late tee: Lessee understands that Lessor has certain financial obligations payable each month, which, if not paid, could result in monetary damage and/or.diminution of credit rating, which damages are difficult to assess. Lessee f,urther.und(Arstands that Lessor depends in part upon the payments due hereunder to meet Lessor's obligations. Accordingly, as and for liquidated damages, there shall be a late fee of '$ l-OTS ger day for each day (or part thereof) beyond the due date in the event the rent is not paid on the due date. This shall be in addition to any other right or remedy granted.Lessor herein, or by law provided. The parties agree that said late fee is not to be deemed interest or a finance charge, but is in the nature of liquidated damages in a reasonable amount. 17. Right of Entry: Lessor and/or Lessor's agents. may.enter the premises at any reasonable time with pass key or otherwise to examine the premises, to make any needed repairs to the.premises, and, within 60 days prior to -the - .expiration of the term of this Lease, to show the premises .to prospective lessees. Nothing herein shall imply any duty .upon the part of Lessor to make any repairs which under any provision of this Lease Lessee may be required to perform and the performance thereof by Lessor shall not constitute a IIwaiver •of..::Lessee.'. s . default in failing to perform the. same 18. D'e'fault: (a) If at any time after the commencement of the term of this Lease any of the Events of Default set forth below occur, Lessee shall be in default in the performance of the terms of this Lease to be kept and performed by Lessee, and Lessor may at Lessor's option elect to terminate this Lease, and upon notice as herein specified to Lessee of such election, this Lease shall terminate to the same effect as if the date of notice were the date of expiration of any stated term, and Lessee shall surrender the premises but Lessee shall remain liable as hereinafter provided. The events constituting Events of Default are as follows: (i) Lessee shall default in the observance or performance of any covenants or provision of this Lease, other than payment of rental, and such default continues for 10 days after notice in writing of such default from Lessor; provided however, that any such default which cannot be cured within said 10 days and which Lessee shall in good faith and with due diligence be proceeding to cure shall not constitute an Event of Default; (ii) Lessee shall be delinquent in payment of any installment of rent due hereunder for more than 2 days after said rent is payable; (iii) Lessee shall make an assignment for the benefit of creditors; (iv) A voluntary.or involuntary petition is filed by or against Lessee under any law for the purpose of adjudication of Lessee as a bankrupt, or for the extension of time of payment, composi- -tion, arrangement, adjustment, modification, settlement or satisfaction of the liabilities of Lessee, or for the reorganization of Lessee under the Bankruptcy Act of the United States having the same general purpose, or a receiver is appointed for Lessee by reason of insolvency or alleged insolvency of Lessee, and such adjudication, order, adjustment, decree, custody and supervision has not been vacated or set aside or appeal taken or otherwise terminated or permanently stayed within 30 days after the date of entry of beginning thereof; (v) Lessee shall abandon the leased property. (b) In the event Lessee is.in default hereunder, Lessor shall have the immediate right of re-entry and may m: remove all persons and Lessee's property from the leased premises; such property may be removed and stored in a public warehouse or elsewhere at Lessee's expense. Should Lessor elect to re-enter, or should Lessor take possession pursuant to the terms of this Lease or as otherwise provided by law, Lessor may either terminate this Lease as provided in 18(a) or Lessor may relet the leased premises, and improve-• ments thereon, or any portion thereof, for such term or terms (including terms beyond the term of this lease) and at such rental or rentals as Lessor, in Lessor's sole discretion, deems advisable. Lessor shall also have the right to incur reasonable costs o� such re-entry and reletting, which costs shall be the obligation of Lessee. Upon such reletting: (i) Lessee shall be immediately liable to pay to Lessor the amount, if any, by which the rent reservedl.in this Lease for the period of such re - letting exceeds the rental obtained.in such re - letting, provided that all rents received in excess of the monthly rent reserved in this Lease shall first be applied in reduction of Lessee's obligation to pay the reasonable costs and expenses .of re-entry,; or (ii).At the option of Lessor, rents received by such Lessor from such re -letting shall be applied: first, to the payment of any indebtedness, other than rent due hereunder from Lessee to Lessor; second, to the payment of any and all reasonable costs and expenses of such re-entry and re - letting and of any alterations and repair; third, to the payment of rent due and unpaid hereunder to the date of such re -letting, and the residue, if any, shall be held by Lessor and applied in payment of future rent as the same may become due and payable hereunder. In no event shall Lessee be entitled to any excess rent received by Lessor. (c) No such re-entry or taking possession of the leased premises by Lessor shall be construed as an election on Lessor's part to terminate this Lease unless a written notice of such intention be given to Lessee. Notwithstanding any such re -letting without termination, Lessor may at any time thereafter.elect,to terminate this Lease for such -7- 0 previous default. Should Lessor at any time terminate this Lease for any default by Lessee, in addition to any other remedy Lessor may have, Lessor may recover from Lessee all damages Lessor may incur by reason of such default, including the reasonable cost of remodeling, altering and repairing the leased premises and improvements thereon, and including the amount by which the total of all rent, payments and other charges which Lessee would have paid periodically during the remainder of the term of this Lease exceeds the reasonable rental value of the leased premises for the period commencing at the date of termination hereof and ending with the end of the term of this Lease. All of the above amounts shall be immediately due and payable from Lessee to Lessor. (d) Anything in this Lease to the contrary notwith- standing, the parties understand and agree that the Lessor's giving of a "three day notice to pay rent or quit" pursuant to C.R.S. 913-40-104 (or similar statute) shall not constitute a termination hereunder, even if Lessee fails to pay the rent due within the time specified and vacates the premises (either within.the time specified, or thereafter, whether voluntarily or bycourt order). Lessee shall, in such circumstanc continue to be liable for rent and any other charges or damages hereunder. Only a written notice of election -by Lessor, specifically electing to terminate this Lease shall constitute an election by Lessor to terminate, in which event Lessor shall have all the remedies for termination provided for in this Lease and by law. (e) No right or remedy herein conferred upon or reserved to Lessor or Lessee is intended to be exclusive of any other right or remedy herein, or by law provided,.but each shall be cumulative and in.addition to every other ies 11 right or remedy given herein or now or hereafter existing at law or in equity or by statute. (f) No waiver by either party of any default or breach by the other of any of its obligations,.agreements or covenants hereunder shall be'a waiver of any subsequent default or breach or of any obligation, agreement or 'covenant, nor shall any forebearance by Lessor to seek a remedy for any breach by Lessee be a'waiver by Lessor of -its rights and remedies with'respect;-to``such or any subsequent breach. 19.::'.Lega'1'Expen'se: Lessee shall pay and discharge all costs, expenses, and reasonable attorney's fees, which shall be incurred(or expended by Lessor due to breach of the covenants and agreements of this Lease by Lessee. 20. 'Notices: Any notices required or permitted hereunder shall be sent by certified mail, postage prepaid, to the other party at the address below such party's signature hereto and shall be effective upon dispatch. 21. Modifi'cation: This Lease may be modified only by written agreement signed by Lessor and Lessee. 22. Right 'to' 'Show Premise's, etc.: In the event Lessor decides to sell the premises, Lessor or real estate agents designated by Lessor shall have the right to show the premises to prospective purchasers. Lessee shall keep the premises in a neat and clean condition to enhance their marketability. Lessor and/or the real estate agent desiring to show the premises shall attempt to give twenty-four hours' advance notice of a showing by telephone. To the extent reasonably practicable, said showings shall take place between the hours of 10:00 A.M. to 4:00 P.M. If Lessee is not present, Lessor or the real estate agent shall have the right to enter with a passkey. Any sale`of the property shall be subject to this Lease Agreement. -9- MI 23. Descriptive Headings: The descriptive headings of,this Lease.are inserted for convenience in reference only and do not in any way limit or amplify the.terms and provisions of this Lease 24. Liabil'ity','°Service of Process: All obligations created by this.',Lease shall be deemed joint and several and enforceable in whole or in part against either or any!Les'see.* . hereunder. :Each Lessee.irrevocably appoints -every other Lessee %her "agent' :for, service of . any.. process in connection with this Lease and'hresscr's'enforcement of his rights thereunder. f 25 Ad-di-t'i-onal Provis'i'ohs .. �. .mot ••4:..'. .•: ... -. -:.. ..' .. 1 ;. .I ' •� ����= ���Lrr'io: ; CD-�V Fl r�C- 'T�-}-�-1 � .,' 2 fJo� �. pu pLay_ - scit-E u c �JACti To if�p '-R+a co CD L A-f- c SS rS 26. ' Bindih'g E'f,fect: This Agreement shall be - binding upon the parties hereto and their respective heirs, successors, ..,and personal representatives. LESSOR: MEMBER ME -10- LESSEE : i 1 cordfd :it ._ _._. _ o'clock _ i Rcception tit, WkIWANITY D1.1.I) THIS DEED, %lade (has (a) of hrts\crn i ANITA M. IANNONE Is of tLc Couury of Pi tki n St:tc of ('olor,ldo, gl.+nlorts) and r ' STEPHEN C HACH and MARTHA E. AMES, as Joint Tenants as L S to and undivided 1i interest, and DOUGLAS J. McPHERSON � and SUSAN LEE McPHERSON as Joint Tenants as to an undivi ed !_ a_ 'z interest, ALL AS TENANTS IN COMMON, whose address is 1, 1; ~ of the County of P i t k i n state of Colorado, grantee(s): TEN DOLLARS ($10 00) and other good WI'rNESSETII, That the grantor(s), for and in consideration of the sum of and valuable consideration----------------------------------------------'�`��� the receipt and sufficiency of which is hereby acknowledged, ha S granted, bargained, sold and conveyed, and by these present, (Ile S grant, hargain, sell, convey, and confirm, unto the gr:mtee(s), their heirs and assigus forever, all the real property, together with improvements, i if any, situate, lying and being in the County ul P1 tkl n State of Colorado, described as follows: i' LOT 2, EAST MEADOW SUBDIVISION, COUNTY OF PITKIN, STATE OF COLORADO STATE DOCUMENTAR'l' 140V 4 81981 � -=-•�-- also known by street and number as: 23 Smuggler Grove, Aspen, Colorado 81611 TOGFTIIF.R with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the granior(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenance. TO HAVE AND TO BOLD the said premises above bargained :Intl described with the appurtenances, unto the granteeW, their heirs and assigns forever. And the grantor(X for her sel f her heirs :Ind personal representatives, does Wvcnant, grant, bargain, and agree ro and with the grantee(s), the i nteirs and assigns, that at the time of the enscaling and delivery of these presents, she is well seizcd of the premises above conveyed, ha S good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha S good right, full power and authority to grant, bargain, sell and convey the saute in manner and fonii as aforesaid, and that the saute are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances, and restrictions of whatever kind or nature soever, ,XX) EXCEPT FOR: taxes for the year 1937 payable in 1938; reservations as contained in United States Patent recorded in Book 175 at Page 246; SUBJECT TO: easements as shown on Plat of East Meadow Subdivision recorded 'in Plat Book 3 at Page 99; terms, conditions, obligations and provisions of Agreements recorded in Book 177 at Page 370 and in Book 221 at Page 429; Easement as set forth in instrument recorded in Book 250 at Page 137. The grantor(s) shall and will WARRANT AND FOREVER DEPEND the ahoy -bargained premises in the quiet and peaceable possession of [hc grantec(s), their Mheirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof i IN WITNFSS WHEREOF, the granior(%Xha S executed this deed on (tic date wt firth above. STATE OF COLORADO ('ount)r of l h: fort-voint' in.trunlc•nl was acknowledged before me (his ft>' Anita '-*I. Iannone 11\ ll�llt 1111\\I11I1 t•x 1111e1 � - I' •II in D.:mcr, invert "('it)' and". ANITA M. IANNONE dal) of November \\'iuir>•, nn bond and uffiei:d ,r:d. No. 932. Itev.3-85. MARRANI s Dra.0 ttl.r 1'hl.a,praphit Ite—ra) Iti.,,l:ai.l I J•L.6in}•, }, .i \\ r.:L A".. 1 0a 811'11 j.I0 a 2IA (vOki i / 7 MAR ' 3 APPLICATION FOR APPROVAL; OF PLAN FOR CONDOMINIUMIZATION PURSUANT TO SECTION 20-19(c) SUBDIVISION EXCEPTION THIS APPLICATION, submitted on behalf of STEPHEN C. HACH, MARTHA E. AMES, DOUGLAS J. McPHERSON, and SUSAN LEE McPHERSON, requests exception from the full subdivision process for the condominiumization of an existing duplex structure currently located on the property known as 23 Smuggler Grove Road. The real property is described as follows: Lot 2, EAST MEADOW SUBDIVISION, City of Aspen, County of Pitkin, State of Colorado. This property consists of a one-story panabode duplex structure containing 1,050 sq. ft. on each side. One side is owner occupied, and the other is currently under lease for $950.00 per month plus utilities. This computes to a monthly per foot rental of $0.91 which is in excess of the employee housing guidelines for low and moderate income housing of $0.60 and $0.85 respectively. Section 20-22 of the Aspen Municipal Code sets forth the requirements by which this condominiumization may be approved. Included in this section are the following requirements: (1) Existing tenants must be given notice of sale and right of first refusal [subparagraph (a)]. (2) All units must be restricted to six (6) month minimum leases with no more than two (2) shorter tenancies per year [subparagraph (b)]. (3) Demonstration that approval will not reduce the supply of low and moderate income housing must be provided [subparagraph (c)]. (4) The unit shall be inspected for fire, health and safety conditions prior to condominiumzation [subparagraph (e)]• The Applicant is requesting exception under Section 20-19(c) for requirements (1) the notice of sale and right of first refusal provision with regard to the owner occupied unit and, requirement (3) the demonstration that approval will not reduce the supply of low and moderate income housing. Because no employee housing issue exists with regard to low and moderate income housing, the Applicant requests that this Application be processed as a one step application directly to the Aspen City Council. This Application is submitted under Section 20-19(cl because the review standards contained therein, namely that certain requirements be deemed "to be redundant, serve no public purpose, and to be unnecessary in relation to the land - 1 - • use policies of the City of Aspen under the facts and circumstances presented", are the most appropriate to apply when dealing with condominiumization and, further, because the review standards of Section 20-19(a) requiring a determination of undue hardship, deprivation of reasonable use of land, and the destruction and loss of a substantial property right should an exception not be granted, are totally nonsensical when applied to a plan which merely changes the form of ownership without regard to the physical characteristics or historic use of the property in question. Adherence to the full subdivision process makes no sense since the proposed condominiumization has no effect on the allowable density or distribution, proposed use or pattern of development for the subject parcel. Condominiumization permits the separate ownership of each unit and the common ownership of certain designated common areas. This application contemplates the creation of a declaration of covenants and restrictions which shall govern the subject units and a condominium map which shall depict the areas in separate ownership and the areas in common ownership. The condominium format results in no impact on the density or use of the units. The units will remain as residential units, occupied by the owner and tenant. The development pattern of the parcel is not impacted in that the Code requirements for building setback and Floor Area Ratio remain in effect. The approval of this Application for Subdivision Exception does not contravene the intent and purpose of the full subdivision procedure. The purpose of the full subdivision procedure is: "to assist the orderly, efficient and integrated development of the City of Aspen; to insure the proper distribution of population and coordinate the need for public services with governmental improvement programs; to encourage well -planned subdivision by setting standards for subdivision design and improvement; to improve land records and survey monuments by establishing standards for surveys, plans and plats; to safeguard the interests of the public and the subdivider, and provide consumer protection for the purchaser; to acquire desirable public area; and to otherwise promote the health, safety and general welfare of the residents and visitors to the City of Aspen." Aspen Municipal Code, Subsection 20-2, "Purpose and Intent". The proposed condominiumization does not impact the following concerns expressed as purposes for the subdivision regulations: the need for public services, planned - 2 - • subdivision, survey standards, and consumer protection. The granting of this Application is not detrimental to the public welfare or injurious to other property in the area since the result of the proposed condominiumization is merely a change in the ownership format. The requirements for providing a right of first refusal to existing tenants should be excepted with regard to the owner occupied side of this duplex since it is nonsensical to provide an owner with a right to buy his own unit. The approval of this application will not reduce the supply of low and moderate income housing because one of these units is currently owner occcupied and the other is currently under a lease at a monthly rental of $0.91 a sq. ft. which is in excess of the moderate income guideline of $0.85 a sq. ft. per month. Following inspection by the Fire Marshall, the Applicant will comply with the Fire Marshall's requirements. The units require no physical adaptation to effect individual ownership through condominiumization. Attached to this application are the following described documents which are submited as part of this application: 1. Proposed Condominium Map. 2. Check for $720.00. 3. Verification of Application by current owners. Respectfully submitted this �f4 day of March, 1988. \condo\condoapp.4 LAW OFFICES OF GIDEON I. KAUFMAN, a Professional Corporation By Gideon Kaufman - 3 - VERIFICATION OF APPLICATION We, STEPHEN C. HACH, MARTHA E. AMES, DOUGLAS J. McPHERSON, and SUSAN LEE McPHERSON, hereby state that the information contained in the preceding Application for Approval of Plan for Condominiumization is true and correct to the best of their knowledge. �. STEP EN C . HACH MARTHA E_ AMES DOU LAS J. McPHERSON SUSAN LEE McPHERSON - 4 - :aC-c: 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, SHALL ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. 0 CONDOMINIUM MAP OF THE SMUGGLER GROVE LEGEND a NOTES CONDOMINIUM L'f'je LOT 2 EAST MEADOW SUBDIVISION CITY OF ASPEN P�Q�>zTY ; �A� , PITKIN COU N T Y , COLORADO S U R V E Y XA�✓ I Icy W-- w/4LL)wiA G4F y i SITE IJ rl L I i i E ,M�t�/T" L -. rJ Li. 237� LIv2�_ - Gvr lTfLo1� F-r. vnl ao E�.1_ t r l s EAI LE_ _ ( a t 7 - L IN1tT�r] C-oMI^OIJ �r�M��ii t y, i'''. 1� 22 cFO~Q LoT Z � ... I;,li� ;.e -.,�Y � `�� . , �.• �� '--G.L�✓ �'.� I IJ F D. F Q�1 • r✓i E11 Do�� �� P� . t' L Q T. _ _ - •'I III J .. F .. r l.0� 0 q - �E , O C,loo �1oe-.� PT. P R 1 ✓ q D 4� 7` Tom, •. - •_ .; �� S g • ye . V Go-- trZZA- PT. 6,L- .- 7,A4eA. F, �Ew o I =� � I � �� � 7 i .g5• �R-DM tq'i4 G I� dF 4�P�,.J n�214� -- ' �`- .� 7Z.3g, FdJr-iD 2.L1'jAlz-- Vj/At-.),-1 GAP i UT I METE— ) E , l� •_� a -,'IEI �' VICINITY MAP 1 " = 400 I Z5. 0 1 Mf rq t_ I 1 SN)✓p I I I G45�, any. 1 I I I I ME -Ty I I G C.E. I 1�'-YP N O W E 5 SCA-E '=;0' � ' 1 LOT 21 I I L C-; 3 NORTH 1 (Asz-e- , _ ':A,o'Acl 5g. IF-r) UNIT ' I NORTH NORTH I I UNIT UNIT I 1 1 I G.C.E. I tl ONE STORY 1 I Q q I I FANABODE 3 I I q - I I 1, o SOUTH L.C.E. I ] I L.C.E. I UNIT I SOUTH II I SOUTH I UNIT I 3 I UNIT I I 31 I z 1 lz_ S- G>zAw` sPP� 1/6-Ll PA G.�.E. ti' 7 9 4 1 W F-4� 7a.Zg SMV GGLER (PSI > GROVE D VA RAVE r-04 wq Y vE- ) V- S 1 � I PEAK 7959.2 CEILING 7958.8 SOFFIT 7956.3 CEILING 7956.2 FLOOR 7949.0 SOUTH ELEVATION SOUTH UNIT NORTH UNIT L.C.E. SOUTH UNIT lvAwL SPACE _ L.C.E. NORTH UNIT EAST ELEVATION 4 1 .4-5 V✓ALL-i p.Z "fNILe— Yjq'.CJ 41.4� I t� NORTH SOUTH tilc N N UNIT UNIT • I 41.45 41.45 PREPARED BY Aspen Survey Engineers, Inc. 210 S. GALENA ST. P.O. BOX 2506 ASPEN, COLORADO 81612 (303) 925-3816 DATE JOB NO. 2/3/88 17296 OWNER'S DEDICATION & CERTIFICATE t::NOW ALL. MEN BY THESE PRESENTS THAT STEPHEN C. HAC;H. MARTA E. AMES, DOUGLAS J. MCPHERSON, AND SUSAN LEE MC: PHERSON BEING THE OWNERS OF LOT 2 EAST MF_ADOW SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO DO HEREBY CERTIFY THAT THIS PLAT OF THE SMUGGLER GROVE CONDOMINIUM HAS BEEN PRF_F'ARED PURSUANT TO THE PURPOSES STATED IN THE CONDOP1i\IIUrI DECLARATION FOR SAID CONDOMINIUM DATED -PHIS-___.-,--DAY OF.-___------,-----__-'-,1988 AND RECORDED IN BOOK.:---_._ AT F'AGE_ OF THE RECORDS OF THE CLERK: AND RECORDER OF THE COUNT`i OF PITK::IN, STATE OF COLORADO. EXECUTED THIS DAY OF' .1988. STATE OF COLORADO) )SS COUNTY OF PITKIN ) THE FOREGOING OWNER'S CFRTII=TCATF WAS ACKNOWLEDGED BEFORE ME THIS ---.--DAY OF _ ,1988 BY STEPHEN C. HACH, MARTA E. AMEN, DOUGLA.S J. MCPHERSON. AND SUSAN LEE Mc: HERSON,AS OWNERS. WITNESS MY HAND R: OFFICIAL SEAL MY COMMISSION EXPIRES: _.---,--------_-,_-- -._.. ---._--..--.___--- NOTAI,r PU L!C. SURVEYOR'S CERTIFICATE I, DAVID W. McBRIDE. A REGISTERED LAND SURVEYOR, HEREBY CERTIFY AS FOLLOWS: IN MARCH, 1988 A SURVEY WAS MADE UNDER i lY DIRECTION AND SUPERVISION OF LOT 2 EAST MEADOW SUBDIVISION-, C I T'Y OF ASPEN, P I TI'Af 'd COUNTY CO!_ORA.DO AND FOUND THEREON! A SINGLE STORY WOOL) F'AI1!A.BODE DUPLEX LOCATED ENTIRELY WITHIN THE BOUNDARY OF SAID PROPERTY A SHOWN ON THI'.a FLAT. THE LOCATION AND. DIMENSIONS OF THE BOUNDARY LINES, BUILDING LINES, BUILDING, AND IMPROVEMENTS, IN EVIDENCE OR KNOWN 1-0 119E ARE ACCURATELY SHOWN ON THIS MAP, AND 'THE MAP ACCURATELY AND SUBSTANTIAI._LY DEPICTS THE LOCATION AND THE HORIZONTAL_ AND VERTICAL MEASURCMENTS OF THE BUILDING, THE CONDOMINIUM UNITS THEREIN, THE UNIT DESIGNATIONS THF_REOF, THE DIMENSIONS OF SAID UNITS, AND THE ELEVATIONS OF THE FINISHED FLOORS AND CEILINGS. ALL EASEMENTS LISTED IN THE TITLE COMMITMENT ARE SHOWN (WERE APPICABLE) AND THE PROPERTY HAS BEEN MONUMENTED ACCORDING TO CRS 1973 TITLE 38 ARTICLE 31 AND THE. FIELD CONTROL SURVEY HAS AN ACCURACY OF MORE THAN 1:10000. EXECUTED THIS .... DAY OF-_-.-___-_-_-.-._.-__.---, 1988. DAVID W. MCBRIDE RLS 16129 STATE OF COLORADO) )SS COUNTY OF PITKIN ) THE FOREGOING SURVEYOR'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 1988 BY DAVID W. !"ICBRIDE. WITNESS MY HAND & OFFICIAL SEAL. MY COMMISSION EXPIRES NOTARY PUBLIC ENGINEERING DEPARTMENT APPROVAL THIS PLAT OF THE SMUGGLER GROVE CONDOMINIUM, CITY OF ASPEN. PITKIN COUNTY, COLORADO WAS APPROVED BY THE CITY OF ASPEN DEPARTMENT OF ENGINEERING CITY FNGINEFR PLANNING & ZONING COMMISSION APPROVAL THIS - OF THE SMUGGLER GROVE CONDOMINIUM. CITY OF ASPEN. PITKIN. COUNTY, COLORADO WAS APPROVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION THIS .---,----.--DAY OF---------'-----.._._.. , 1988. CHAIRMAN ASPEN CITY COUNCIL APPROVAL THIN FLAT OF THE SMUGGLER GROVE CONDOMINIUM. CITY OF ASPEN, PITKIN COUNTY, COLORADO WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS ORDINANCE NUMBER..--_---_-, THIS --__--DAY OF_--'-_------__-..._._.__, 1988. ATTEST: MAYOR CITY CLERK: IMPROVEMENT DISTRICT IN THE EVENT THAT ANY MUNICIPAL IMPROVF_MENT OR IMPROVEMENTS OF A KIND CONTEMPLATED IN SECTION 20-16 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, AS AMENDED, BECOMES, IN THE REASONABLE JUDGMENT OR DISCRETION OF THE CITY COUNCIL OF THE CITY OF ASPEN, NECESSARY TO THE AREA OF THE ABOVE_ DESCRIBED PROPERTY. THE OWNERS WILL MAKE NO UNREASONABLE OBJECTION TO ANY SPECIAL ASSESSMENT OR SPECIAL TAX OR PROCEEDING THEREFOR ON THE BASIS THAT THE PROPERTY IS ADEQUATELY SERVED BY EXISTING IMPROVEMENTS AND/OR ON THE BASIS THAT THE PREMISES WILL NOT BE SERVED OR BENEFITED BY THE IMPROVEMENT OR IMPROVEMENTS PROF'OSFD. CLERK 8c RECORDER'S ACCEPTANCE THIS FLAT OF THE SMUGGLER GROVE CONDOMINIUM, CITY OF ASPEN, F'ITK::IN COUNTY, COLORADO IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK:: AND RECORDER OF THE_ COUNTY OF FITKIN, 'STATE OF COLORADO AT O'CLOCK:_____ M., THIS DAY OF .1988 IN PLAT BOOK: AT PAGE AS RECEPTION! NUt!BER CLERK & RECORDER • u r1 U u NOTE: 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, SHALL ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON, • CONDOMINIUM MAP OF THE SMUGGLER GROVE LEGEND & NOTES P�oPE-zz- y L-I nJE- o PFL�PEJtZT( CUR-nl_ T ��P�4rL KI/Pt-A�iTIG GAP I-. S. ((olz� • P P-oP��T ( f cr�+�l t� ro LJ tit L7 xz--r.A FF— ►.! o --AT- - - 'moot= O✓E�►141J� CONDOMINIUM LOT 2, EAST MEADOW SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY. COLORADO .. _IMtTF� Go►�r1or I `t.EME.►JT r'�ovrJt74R� �41-r- t °= t co � F o LJ tJ >7 9.E-T:5q w-- w/ Q L-J►'-1 G4P U T I t_ t L I PJf_ L�7. 2316 N o 2�. c o OJT Q OL. FIr Vlio017 F- I t J E. E L <=M !ate I t Laf Z 2�.GoQ-tom I �.1 Ft7. F Q�t•� � M t�4 >70�.�� 4�� PS . F' t_ ra T. } ` � , POAD oR I✓ A T e- 71Jr"m 1°114GrN bF QSf-� A-R_tAL- 0�1Z,3g, �LGUFdJe.�17 >7✓A� ��4u)r� G4P L 5 23-7(o I�ASts of 1SEA>e a 11.E N W E O O S r t7 5' 1 C7 IS' Zv SCALE I"= 10' L 4 Pq�1 `� 7g.zg ) SA4lJGGL E / R �ROV ( F':r- I VATS E DR VE W04 2q V. a 'ram-4�t.i `JTottA�� a�a J 000 Q� SURVEY \ � SITE ' Jl 2 tl7 L rb ` VICINITY MAP I " = 400 PEAK 7959.2 CEILING 7958.8 SOFFIT 7956.3 CEILING 7956.2 FLOOR 7949.0 G(LAvV L- SOUTH ELEVATION t SOUTH UNIT NORTH UNIT •_ L.C.E. SOUTH UNIT L.C.E. NORTH UNIT EAST ELEVATION WAL_L_5 t7.2 TAtLIle- 41.45 ¢1.4-5 NORTH SOUTH N to N N SJ N N UNIT UNIT 41.45 II 41.4.5� T QA fZ 7� v/ A L L. o7 t!�, PREPARED BY Aspen Survey Engineers, Inc. 210 S. GALENA ST. P.O. BOX 2506 ASPEN, COLORADO 81612 (303) 925-3816 DATE JOB NO. 2/3/88 17296 OWNER'S DEDICATION & CERTIFICATE KNIOW AL_.!_ MEN BY THESE PRESENTS THAT STEPHEN C. HACH, MARTA E. AMES. DOUGLAS .3. MCP'HERS01'd, P.I''!D SUSAN LEE McPHERSONI BEING THE OWNERS OF LOT 2 EAST MEADOW SUBDIVISION.. CITY OF ASPEN PITKIN COUNTY- COLORADO DO HEREBY CERTIFY THAT THIS PI._. t-)T OF THE SMUGGLER GROVE CONDOMINIUM HAS BEEN PREPARED PURSUANT TO 1-HE PURPOSE: STATED IN THE CONDOMINIUM DECLARATION FOR SAID CONDOI i I N I UI'`I DATED THIS DAY OF , 1488 -';ND RECORDED TN! BOO;:: AT F'AGE OF THE RECORDS OF THE CLERK AND RECORDER OF THE. COUNT`% OF ^-ITI=::IN, STATE_ OF COLORADO. EXECUTED STATE OF COLORADO) )S� COUNTY OF P I Tb::I N ) THE FOREGOING OWNER'S CERT I F I CAFE WAS ACKNOWLEDGED LIEF- 01,E ME THIS' DAYOF _ ] 98E; 8 Y ST EF'Hf _N C. HRCH , MAR.F i L. A.MFS , DOUGLAS 3. MCPF-IEI--'SON. AND SUSANI LEE McPHERSON: AS OWNEF.'. WIT-NECSS MY HAND Z. OFFICIAL SEAT_ MY COMMISSION EXPIRES: SURVEYOR'S CERTIFICATE i , RESIST !-JD 'UF,ViAVID W. icLFIDE.. POF;. FOLLOWS- IN MARCH, _985 A 3UR'.' _ 'W S MhADE UNDER Li`: D'F;F=C 101`1 ,.. SUPERVISION OF l_Of - EAST I Ulv Cil'. OF' A�:. EI F, l! -„ COUNTY COLORADO AND FOUND THEREON' A STN!G!._E Sl-GRY WOC;D PANABODE DUPL:_,. LOCATED ENTIRELY WITHIN) TH I N -rHFBUUIVDA;OF -AID D - h-E; l Y AS cH:bJ ON T H J PLAT. I HE LOCATION AND '"E BOUNDARY L I IdES , BUILDING L) I hG LINES, BUILDING, AND IMPR-:VEMENTS, IN EVIDENCE OR KNOWN 1"0 ME ARE ACCURATELY SHOWN! ON THIS MAF-, AND ' THE MAP ACCURATELY AND SUBSTANTIALLY DEPICTS THE LOCATION AND THE HORI[ON.FAL AND VER"FICAI_. MEASUREMENTS OF THE BUILDING, THE CONDOMINIUM UNITS THEREIN!, THE UNIT DESIGNATIONS THEREOF, THE: DIMENS'ION'S OF SAID UNITS. AND 1HE ELEVATIONS OF THE FINISHED FLOORS AND CEILINGS. ALL EASEMENTS LISTED IN THE TITLE COMMITMENT ARE SHOWN (WERE_ APPICABLE) AND THE PROPEFTY HAS BEEN MONUMENTED ACCORDING TO CRS 191:= TITLE --8 ARTICLE =1 AND TH!_ FIELD CONTROLSURVEY HAS AN ACCURACY OF MORE THAN 1:10000. EXECUTED THIS--__-_DPiY DAVID W. MCBRIDE RLS 1.6129 :STATE OF COLORADO) COUNTY OF PITf::IN ) THE FOREGOING SURVEYOR'S CERTIFICATEWAS ACKNOWLEDGED BEFORE f'Ilc THIS DAY OF 1986 BY DAVID W. McBRIDE. WITNESS MY HAND & OFF I E I AI__ SF_.AI__ MY COMMISSION EXPIF:ES NOTARY PUBLIC ENGINEERING DEPARTMENT APPROVAL THIS PLAT OF THE SMUGGLER GROVE_ CONDOMINIUM, CITY OF ASPEN, PITt+::IN COUNTY, COL_ORADO WAS APPROVED BY THE CITY OF ASPEN DEPARTMENT OF ENGINEERING THIS DAY OF ].98^0. CI"FY EN.IGINEF..R PLANNING & ZONING COMMISSION APPROVAL THIS PLAT OF THE SMUGGLER GROVE CONDOMINIUM, CITY OF ASPEN. PITt::IN COUNTY, COLORADO WAS APPROVED BY THE CITY OF ASPEN) PLANNING AND :CONING COMMISSION THIS DAY OF 1988. CHAIRMAN ASPEN CITY COUNCIL APPROVAL TIiIS PLAT OF THE SMUGGLER GROVE_ CONDOMINIUM. CITY OFASPEN, PITKIN COUNTY, COLORADO WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS ORDINANCE NUMBER -_. THIS DAY OF ,1988. ATTEST: MAYOR CITY CLERK T.MPROVEMENIT DISTRICT 111\I THE EVENT THAT ANY MUNICIPAL IMPROVF_MENIT OP. IMPROVEMENTS OF A K T. ND CONTF..MPLATED IN SECTION 2U--16 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, AS AMENDED, BECOMES, IN THE REASONABLE JUDGMENT OR DISCRETION! OF THE CITY COUNCIL OF THE CITY OF ASPEN, NECESSARY TO THE AREA OF THE ABOVE DESCRIBED PROPERTY, THE OWNERS WILL MAF::F_ NO UNREASONABLE OBJECTION TO ANY SPECIAL ASSESSMENT OR SPECIAL_ TAX OR PROCEF_P.ING THEREFOR ON THE BASIS THAT THE PROPERTY IS ADEQUATELY SERVED BY EXISTING IMPROVEMENTS AND/OR ON THE BASIS THAT THE PREMISES WILL NOT BE SERVED OR BENEFITED BY THE IMPROVEMF_NT OR IMPROVEMENTS PROPOSED. CLERK & RECORDER'S ACCEPTANCE THIS F'I_AT OF THE SMUGGLER GROVE CONDOMINIUM. CITY OF ASPEN, P I Tk::I N COUNTY, COLORADO IS ACCEPTED FOR 1=ILING IN THE OFFICE OF THE CLERt:: AND RECORDER OF THE COUNTY OF P`ITKIN; STATE OF COLORADO AT O'CI_OCI': ____ M. THIS DAY OF ,1988 IN PLAT BOOK: AT PAGE AS RECEPTION NLJMBEP. CLERK: °x RECORDER • •