HomeMy WebLinkAboutcoa.lu.sp.Marolt.1983
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MEMORANDUM
TO:
Aspen City Council
FROM:
Colette Penne, Planning Office
RE:
Marolt Property -Subdivision Exception
DATE:
July 25, 1983
Since the complete memo explaining this project's b ckground,
current status, and referrals has been in your past three packets,
we are simply providing you with a summary memo concerning the
proposed conditions of approval. The SPA ordinance is before you
for second reading. The subdivision exception action is for the
purpose of forming the parcels as outlined on the plat for separate
conveyance. The purchase by the City is for the purpose of open
space, therefore the amended PUD/SPA plan shows no development
proposal. The z.oning will remain R-15A, PUD/SPA.
The segment of property occupied by Neil Beck is part of Parcel I
in this subdivision, and since thee parcel is being purchased with
open space funds, he has been asked to vacate. He has agreed to
vacate by Thanksgiving of this year.
As you are aware, the Engineering Department and the Planning Office
both strongly encourage you to reconsider the retention of the
Main Street and Holden Road rights-of-way on the plat. Since you
indicated that you favor their removal, the ordinance is being
presented with their elimination listed.
Planning and Zoning Commission Recommendation
The Planning and Zoning Commission recommends approval of subdivision
exception for the Marolt Ranch which will result in a 25.13 acre
parcel (Parcel I) which will be purchased by the City of Aspen and a
10.10 acre parcel (parcel II) which will be donated by the Marolts
to the City of Aspen.
The further recommendation is made for approval of an amendment to
the PUD/SPA plan in that earlier approved development is no longer
planned for construction and no development proposal currently exists
on the newly formed parcels.
Conditions recommended for the subdivision exception approval are:
1. Clarification by the applicant concerning the easement
vacation language in the "City Approval and Acceptance"
section of the plat be made to the satisfaction of the
City Engineering Department or be removed from the plat.
2. If the acquisition by the City is not completed, then the
development status will revert to that in effect prior
to this application.
3. The Holden ROad alignment and Main Street right-of-
way be eliminated from the plat.
Council Action
On first reading, the former Council approved Ordinance 28, Series
of 1983 for a subdivision exception which creates a 25.13 acre
parcel (Parcel I) which will be purchased by the City of Aspen and
a 10.10 acre parcel (Parcel II) which will be donated by the Marolts
to the City of Aspen and amends the PUD/SPA plan to show that no
development is proposed for the newly created parcels with two
conditions:
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Memo: Marolt
Page Two
July 25, 1983
1. Clarification by the applicant concerning the easement
vacation language in the "City Approval and Acceptance"
section of the plat be made to the satisfaction of the
City Engineering Department or be removed from the
plat.
2. If the acquisition by the City is not completed, then the
development status will revert to that in effect prior
to this application.
T~e ordinance was amended to reflect the deletion of a third condi-
tion to eliminate the Holden Road alignment and Main Street right-
of-way from the plat.
Considering the discussions of the present Council at meetings since
June 13, the condition requiring elimination of the rights-of-way
has been added to the ordinance.
The appropriate motion is:
"I move to adopt Ordinance 28, Series of 1983 (as amended)."
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CITY OF ASPEN
130 south galena street
aspen, colorado 81611
303-925 -2020
MEMORANDUM
DATE: July 7, 1983
TO: Wayn~ Chapman
Sheree Sonfield
Sunny Vann
Dan McArthur
Larry Thoreson
FROM: Paul Taddune
RE: Marolt Acquisition
Forwarded for your information, review and comment, please find a
proposed license agreement on the Marolt residence together with
supplemental provisions which I am recommending. Also enclosed is
the proposed promissory note for $300,000. Please comment on
these documents as appropriate.
Additionally, I would request that the City Manager's office
designate someone to make contact with Neil Beck regarding his
intentions for vacating the premises upon acquisition by the
City.
PJT/mc
Attachments
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LICE~E AGREEMENl' fijf.!c:,":, ONLY
TIDS AGREEMENl' made this day of I' . ' 1983 by and &7J~g-
between THE aTY OF ASPEN, a MlUlicipal Corporation and Home Rule City,
hereinafter referred to 8S "Licensor," and OPAL MAROLT, hereinafter referred to
8S ''Licensee.''
WIT NESSETH
WHEREAS, Licensor is the owner of certain real property situate in the
COlUlty of Pitkin, Colorado, and which property is more particularly described in
Exhibit A attached hereto and incorporated herein by reference (the ''Property'');
and
WlIEREAS, Licensee desires to occupy, utilize and dwell upon the Property;
and
WHEREAS, Licensor acquired the Property with the explicite lUlderstanding
and agreement that it would accommodate Licensee's wishes; and
WHEREAS, Licenllor therefa'e desires to grant a license to Licensee upon
the terms and conditions hereinafter set fa'th.
NOW THEREFORE, LIcensor and Licensee for and in consideration of the
mutwl covenants contained herein and such other good and valuable consideration,
the receipt and adequacy of which is h~eby acknowledged, do agree as follows:
1. GRABI' OF LICE~E: Licensor hereby grants to Licensee an
exclusive, irrevocable license which grants to Licensee the right to occupy, reside
upon, utilize in any manner re8Sonable and dwell upon the Property for purposes of
a personal residence.
2. MAINTENANCE &: REPAIR: Licensee in her sole discretion shall
maintain and keep in good repair the residence currently on the Property.
3. UTn.rrms: Licensor shall provide to Licensee, at Licensor's sold cost
and expense, water and sewer service. Costs and charges fa' all other utilities,
including but not limited to gas and electricity, shall be borne solely by Licensee.
4. TERM: This Agreement shall continue in full fa'ce and effect for a
term of three (3) years from the date hereof.
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5. REOORDATlOIl: The parties hereto acknowledge and agree that this
license is to rlm with the land and during the term of the license shall be binding
upon the successors and assigm of Licensor. Accordingly, upon execution this
Agreement shall be duly recorded in the Offic.'E! of the Clerk and Recorder for
Pitkin County, Colorado. From the date of such recordation and during the term of
this license, the interest hereby conveyed to Licensee shall be considered an
encumbrance upon Licensor's title.
6. IIlDEMNlFICATIOIl: Licensee hereby indemnifies and holds Licensor
harmless from and agaimt II1lY debt, obligation or liability relating to II1lY damage
or injury to any person or property arising from the use of the Property or as a
resul t of lI1lyact or omission or other negligent conduct of Licensee.
7. lNSURAIlCE: In furtherll1lce of the indemnification set forth above,
Licensee shall maintain during the term of this Agreement, in full force and effect,
personal liability imurance in an amount not less than $300,000.00.
8. ERl'IRE AGREEMBRl': This Agreement contaim the entire agreement
of the pIlI"ties and no representations, inducements, promises or agreements, oral a
otherwise, shall be of II1lY force or effect. This Agreement may only be amended by
a writing duly executed by each of the parties hereto.
9. ADDRESSES: Correspondence to the parties may be directed to each
of them at the addresses set fath below, a: such other addresses as may be
furnished to the other party from time to time.
Licensor:
Attn:
City of Aspen
130 South Galena Street
Aspen, Colorado 816U
Licemee:
MrS. Opal Marolt
Marolt Ranch
P. O. Box 423
Aspen, Colorado 81611
10. ATTORIlEYS' FEES: If either party shall bring nn action agaimt the
other by reason of a breach of this Agreement, the prevailing party in such suit
shall be enti tled to its reasonable attorneys' fees and costs.
11. CO.NSTRUCTIOIl; CH<:ICB OF VENUE: The terms of this Agreement
shall be construed in accordance with the laws of the State of Colorado, II1ld venue
shall be proper in the COlmty of Pitkin, Colorado.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement
the date and year first above written.
LICE!tiOR:
THE CITY OF ASPEN,
a Municipal Corporation and Home Rule
City
ATTEST:
By:
Mnyor
City Clerk
LICE !tiRE:
OPAL MAROLT
STATE OF COLORADO
COUNTY OF prrKIN
l ss.
)
The foregoing License Agreement was acknowledged before me this
day of , 1983, by
Witness my hand and official seal.
,
My commission expires:
Notary Public
Address:
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STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing License Agreement was acknowledged before me this
day of , 1983, by
Witness my hand and official seal.
My commission expires:
Notary Public
Address:
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SUPPLEMENTAL PROVISIONS TO LICENSE AGREEMENT
Rewrite of first Whereas clause:
WHEREAS, Licensor is the owner of certain real property situ-
ate in the County of Pitkin, Colorado, more particularly described
in Exhibit "A" attached hereto and incorporated herein by refer-
ence, upon which is located various improvements including a ranch
house and outbuilding (hereinafter property and improvements may
be collectively referred to as "Property").
ADDITIONAL PROVISIONS
1. Condition of Residence. The parties acknowledge that
the residence and the outbuildings located on the property are in
good repair, and that no representations as to the condition or
repairs of said residence or outbuildings have been made by Licen-
sor prior to or at the execution of this License Agreement which
are not herein expressed. Licensee shall deliver the residence
and outbuildings in good repair at the expiration of the term of
this license, and the residence shall be clean and in good condi-
tion, ordinary wear and tear excepted. No alteration, addition or
improvements to the residence or the outbuildings shall be made by
Licensee without the prior written consent of the Licensor.
2. Use of Property. Licensee shall use the property for
residential and accessory purposes and shall not knowingly violate
the laws of the City of Aspen, State of Colorado or the United
States.
3. No Assignment. This License Agreement and the rights
accruing to Licensee pursuant hereto shall not be assignable with-
out the express written consent of the Licensor.
4. Upkeep and Damage. Licensee covenants and agrees with
Licensor to take good care of the residence, outbuildings and
improvements located on the property, to commit and suffer no
waste, liens or unpaid utility bills with respect thereto. Any
alterations or additions made with the consent of Licensor shall
remain as part of the premises, unless the Licensor shall other-
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wise elect, including, in particular, but not exclusively, locks,
bolts and all fixtures.
5. Licensor Not Responsible for Repairs. Licensor shall in
no way be responsible nor obligated pursuant to this agreement for
any maintenance duties with respect to the residence or outbuild-
ings located on the property, including, but not limited to,
repairs to the exterior of the premises, doors, windows and
stairs, extermination services, and repairs to sewers, heating,
appliances, wiring or plumbing facilities. Licensee shall have
the right to make repairs to sewers, heating, appliances, wiring
and plumbing facilities and such other mechanical components so as
to make the residence habitable to Licensee.
6. Surrender of Premises. At the termination of this
License by lapse of time or otherwise, Licensee shall yield up
immediate possession to the Licensor and shall deliver all keys to
the residence and outbuildings located on the property to Licensor
or its agent at a time and place to be specified by Licensor. At
the time of the termination of this License Agreement all property
except for that listed below shall revert to and become the pro-
perty of Licensor:
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PROMISSORY NOTE
$300,000.00
Aspen, Colorado
July 1, 1983
FOR VALUE RECEIVED, the UNDERSIGNED "Maker" promises to pay to the
order of MAROLT ASSOCIATES at 164 South Grant Street, Denver, Colorado
80209, or at such other place as may be designated in writing by the Holder of this
Note, the principal sum of THREE HUNDRED THOUSAND AND NO/IOO DOLLARS
($300,000.00), together with interest payable in arrears annually at the rate of
twelve percent (12%) per annum, payable according to the schedule attached hereto
in quarterly interest only payment.~ beginning October 4 1983 and continuing every
three months each year thereafter until July 1, 1988 when the entire principal
balance and all accrued unpaid interest shall be due and payable in full.
Any sum not paid within ten (10) days of the date when due will bear interest
at the rate of eighteen percent (18%) per annwn beginning on the eleventh day and
on each day thereafter until paid in full and will be paid at the time of and as a
condition precedent to the curing of any default hereunder.
The undersigned Maker agrees that if, and as often as, this Note is in default
and is placed in the hands of an attorney for collection or to defend or enforce any
of the Holder's rights hereunder or under any instrument securing payment of this
Note, Maker will pay to such Holder its reasonable attorney's fees and all court
costs and other expenses incurred in connection.therewith.
This Note is issued by the undersigned Maker and accepted by the Holder
hereof pursuant to a lending transaction negotiated, conswn m at ed, and to be
performed in Aspen, Colorado. Payment of this Note is secured by a Deed of Trust
and other collateral documents covering real property located in the State of
Colorado, and this Note is to be construed according to the laws of the State of
Colorado. On the breach of any provision of this Note, the Deed of Trust, or any
other instrwnent securing payment of this Note, which is not cured within fifteen
(15) days after receipt of written notice (sent to Maker certified mail return receipt
requested), at the option of the Holde?) the entire indebtedneSs hereby evidenced.....
will become due, payable, and collectible then or thereafter as the Holder may
elect, regardless of the date of maturity hereof. Failure by the Holder to exercise
such option will not constitute a waiver of the right to exercise the same in the
event of any subsequent default.
The Maker, endorsers, sureties, guarantors, and all other persons who may
become liable for all or any part of this obligation severally waive presentment for
payment, protest, and notice of nonpayment, except as set forth above. Said
parties consent to any extension of time (whether one or more) of payment hereof,
release of all or any part of the security for the payment hereof, and the release of
any party liable for payment of this obligation. Any such extension of time or
release may be made at any time and from time to time without notice to any such
party and without discharging any such party's liability thereunder.
THIS NOTE MAY Nor BE PREPAID, NOR ANY PORTION OF PRINCIPAL
REDUCED PRIOR TO JUL Y 1. 19811.
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IN WITNESS WIffiREOP, the lDldersigned Maker has executed this instrument
on the date first above written.
ATTEST:
By:
City Clerk
STATE OF COLORADO
COUNTY OF PITKIN
)
) ss.
)
CITY OF ASPEN
a Municipal Corporation and Home Rule
City
By:
Mayor
The foregoing Promissory Note was acknowledged before me this day
of ,1983, by -
Witness my hand and official seal.
My commission expires:
Notary Public
Address:
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DATE DUE
October 1, 1983
January 1, 1984
April 1, 1984
July 1, 1984
October 1, 1984
January I, 1985
April 1, 1985
July 1, 1985
October I, 1985
January 1, 1986
April I, 1986
July 1, 1986
October I, 1986
January 1, 1987
April I, 1987
July 1, 1987
October I, 1987
January 1, 1988
Allrill, 1988
Jiily 1, 1988
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SCHEDULE
PA YMENT
$9,000.00
$9,000.00
$9,000.00
$9,000.00
$9,000.00
$9,000.00
$9,000.00
$9,000.00
$9,000.00
$9,000.00
$9,000.00
$9,000.00
$9,000.00
$9,000.00
$9,000.00
$9,000.00
$9,000.00
$9,000.00
. $9,000.00
$309,000.00
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MEMORANDUM
TO:
Aspen City Council
1I'00Jt!l:
Colette Penne, Planning Office ,;
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Subdivision Exception and SPA Amendment for the Marolt
Property
DATE:
June 27, 1983
APPROVED AS TO FORM:
Background
The Marolt property. is zoned R-15A, PUD/SPA. In reviewing the history
of the earlier approvals, it appears that the SPA designation was
applied for the purpose of conidering greater density on the property.
Ultimately, the nU!WJer of units to be built could be accommodated by
the underlying zone and the SPA overlay was not necessary. There is
not an adopted SPA plan per se; rather the adopted PUD submission and
the subdivision agreement constitute the specific plan for development
of the property. Since the SPA designation is still on the prop~rty,
any deviation from tile adopted plan requires amendment.
Current Status
/
Approximately two months ago, the Marolts approached the City with an
offer of a donation of approximately 10.10 acreS of land. This parcel
is delineated as Parcel II on the plat and accompanying legal descrip-
tion. The City then offered to purchase the remaining 25.5 acres from
the Marolts. These 25.5 acres are delineated as Parcels I and the
"Lease Holders p.arcel" on the plat and in the legal descriptions.
The subdivision exception action will be for the purpose of forming
the parcels as outlined above for separate conveyance. The purchase
by the City is for the purposes of open space, therefore the amendment
to the PUD/SPA plan will show no development proposal. The zoning
will remain R-l5A, PUD/SPA.
The "Lease Holders Parcel" is not a separa.::e (subdivided) parcel
Rather, it is an area which will be leased for a period of three ,years
for the exclusive right of occupancy by Mrs. Opal Marolt. The agree-
ment with Mrs. Marolt is that she will be allowed appropriate ingress
and egress, furnished water and sewer services, and will'pay only for
gas and electricity used solely by her. Mrs. Marolt has agreed to
indemnify the City and hold it harmless fer any acts of herself or
her invitees and she will carry a pUblic liability policy in the amount
of $400,000. During the term of the license agreement, she will pay
no charges to the City for rent or any other such fees.
The disposition of the use of a small shop building by Neil Beck must
be decided. The area was parcelled out in the original subdivision
and allowance made by Mrs. Marolt for his continued use. This original
parcel is outlined on the amended plat in the upper northeast corner
as being comprised of .574 acre and housing the pump house. Since
this segment of the property is part of Parcel I i!1 this subdivision
and the parcel is being purchased with open space funds, if a leasehold
interest is to continue, it should be addressed in this amendment
process.
Referral Comments
The Engineering Department reviewed the application and made a site
inspection and outlined three areas of concern:
1. The City approval and acceptance certificate section of
the plat. includes the statement that the re-subdivision
"vacCites all other easements llot shown on the plat that
may exist as of the date of recordation hereof." This
needs to be clarified as there is concern that this may
.cpuse the City to give up some rights.
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Memo: Marolt. Property
Page Two
June 27,1983
2.
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There is a significant amount of disturbance and debris on
the site due to the proposed development. The City may
wish to have some of these areas restored prior to purchase.
3.
-The plat as submitted is in line with our request to the
applicant that all rights of way and easements for existing
utilities remain on the plat. The easeme~ts serve to
delineate those areas already committed to the location and
maintenance of various utilities. We are particularly
concerned regarding the status of the various rights-of-
way parceled out in the original subdivision. While the
Holden Road alignment through Parcel II may be retained due
to the -donated" nature of the lot, the Main Street right-
of-way may be lost if Parcel I is purchased with "open
space" funding. The Engineering Department would suggest
that the voters have already denied the Main Street exten-
sion by refusing to dedicate the necessary right-of-way
through the Thomas property. Maintaining the dedicated
alignment on the Marolt plat would not, by itself, allow
the extension of Main Street. It would, however, serve
to define a corridor within which no improvements should
be constructed that would be in conflict with its future
use as a roadway. In the future, if the voters are further
influenced by a worsening traffic situation in the Cemetary
Lane, Hallam, and 7th Street area, it would be a simple
lIlatter to then dedicate the Thomas right-of-way."
Planning Office Recommendation
The Planning Office has been informed by the Marolt's legal counsel
that the question of restoration of the parcel prior to the city's
purchase has been thoroughly discussed in the negotiations leading
up to purchase. The agreement reached was that the parcel will be
purchased as is. We agree with the Engineering Department that the
rights-of-way parceled out in the original subdivision should remain
intact on this re-subdivision plat. Except for the retention of the
rights-Of-way on the plat, the P&Z recommendation is also our
recommendation.
Planning and Zoning Commission Recommendation
The Planning and Zoning Commission recommends approval of subdivision
exception for the Marolt Ranch which will result in a 25.13 acre
parcel (Parcel I) which will be purchased by the City of Aspen and a
10.10 acre parcel (parcel II), which will be don~ted by the Marolts
to the City of Aspen.
A further recommendation is made for approval of an amendment to the
PUD/SPA plan in that earlier approved development is no longer planned
for construction and no development proposal currently exists on the
newly formed parcels.
conditions recommended for the subdivision exception approval are:
Clarification by the applicant concerning the easement
vacation language in the "City Approval and Acceptance"
section of the plat be made to the satisfaction of the
City Engineering Department or ~e removed from the plat.
If the acquisition by the City ~ not completed, then the
devel.opment status will revert to that in effect prior to
this .application.
3. The Holden Road alignment and Main Street right-of-way be
eliminated from the plat.
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Memo: Marolt Property
Page Three
JUlle 27, 1983
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Council Action
On first reading, you approved Ordinance .28, Series of 1983 for a
subdivision exception which creates a 25.13 acre parcel (Parcel I)
which will be purchased by the City of Aspen and a 10.10 acre parcel
(Parcel II) which will be donated by the Marolts to the City of Aspen
and amends the pun/SPA plan to show that no development is proposed
for the newly created parcels with two conditions:
1.
clarification by the applicant concerning the easement
vacation language in the "City Approval and Acceptance"
section of the plat be made to the satisfaction of the
City Engineering Department or be removed from the plat.
2. If the acquisition by the City is not completed, then the
develoument status will revert to that in effect prior to
this application.
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~he Ordinance has been amended to reflect the deletion of a third
condition to eli~inate the Holden Road alignment and Main Street right-
of-way from the plat.
The appropriate motion. is:
"I move to adopt Ordinance 28, Series of 1983 (as amended)."
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MEMORANDUM
TO:
Aspen City Council
FROM:
Colette Penne, Planning Office
RE:
Subdivision Exception and SPA Amendment for the Marolt
Property
DATE:
June 13, 1983
APPROVED AS TO FORM~..L ~
Background
The Marolt property is zoned R-15A, PUD/SFA. In reviewing the history
of the earlier approvals, it appears that the SPA designation was
applied for the purpose of conidering greater density on the property.
ultimately, the number of units to be built could be accommodated by
the underlying zone and the SPA overlay was not necessary. There is
not an adopted SPA plan per se, rather the adopted PUD submission and
the subdivision agreement constitute the specific plan for development
of the property. Since the SPA designation is still on the property,
any deviation from the adopted plan requires amendment.
Current Status
Approxim<:1tely two months ago, the Marolts approached the City with an
offer of a donation of approximately 10.10 acres of land. This parcel
is delineated as Parcel lIon the plat and accompanying legal descrip-
tion. The City then offered to purchase the remaining 25.5 acres from
the Marolts. These 25.5 acres are delineated as Parcels I and the
"Lease Holders Parcel" on the plat and in the legal descriptions.
The subdivision exception action will be for the purpose of forming
the parcels as outlined above for separate conveyance. The purchase
by the City is for the purposes of open space, therefore the amendment
to the PUD/SPA plan will show no development proposal. The zoning
will remain R-15A, PUD/SPA.
The "Lease Holders Parcel" is not a separate (subdivided) parcel
Rather, it is an area which will be leased for a period of three years
for the exclusive right of occupancy by Mrs. Opal Marolt. The agree-
ment with Mrs. Marolt is that she will be allowed appropriate ingress
and egress, furnished water and sewer services, and will pay only for
gas and electricity used solely by her. Mrs. Marolt has agreed to
indemnify the City and hold it harmless for any acts of herself or
her invitees and she will carry a public liability policy in the amount
of $400,000. During the term of the license agreement, she will pay
no charges to the City for rent or any other such fees.
The disposition of the use of a small shop building by Neil Beck must
be decided. The area was parcelled out in the original subdivision
and allowance made by Mrs. Marolt for his continued use. This original
parcel is outlined on the amended plat in the upper northeast corner
as being comprised of .574 acre and housing the pump house. Since
this segment of the property is part of Parcel I in this subdivision
and the parcel is being purchased with open space funds, if a leasehold
interest is to continue, it should be addressed in this amendment
process.
Referral Comments
The Engineering Department reviewed the application and made a site
inspection and outlined three areas of concern:
1. The City approval and acceptance certificate section of
the plat includes the statement that the re-subdivision
"vacates all other easements not shown on the plat that
may exist as of the date of recordation hereof." This
needs to be clarified as there is concern that this may
cause the City to give up some rights.
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Memo: Marolt property
Page Two
June 13, 1983
2. There is a significant amount of disturbance and debris on
the site due to the proposed development. The City may
wish to have some of these areas restored prior to purchase.
3. "The plat as submitted is in line with our request to the
applicant that all rights of way and easements for existing
utilities remain on the plat. The easements serve to
delineate those areas already committed to the location and
maintenance of various utilities. We are particularly
concerned regarding the status of the various rights-of-
way parceled out in the original subdivision. While the
Holden Road alignment through Parcel II may be retained due
to the "donated" nature of the lot, the Main Street right-
of-way may be lost if Parcel I is purchased with "open
space" funding. The Engineering Department would suggest
that the voters have already denied the Main Street exten-
sion by refusing to dedicate the necessary right~of-way
through the Thomas property. Maintaining the dedicated
alignment on the Marolt plat would not, by itself, allow
the extension of Main Street. It would, however, serve
to define a corridor within which no improvements should
be constructed that would be in conflict with its future
use as a roadway. In the future, if the voters are further
influenced by a worsening traffic situation in the Cemetary
Lane, Hallam., and 7th Street area, it would be a simple
matter to then dedicate the Thomas right-of-way."
Planning Office Recommendation
The Planning Office has been informed by the Marolt's legal counsel
that the question of restoration of the parcel prior to the City's
purchase has been thoroughly discussed in the negotiations leading
up to purchase. The agreement reached was that the parcel will be
purchased as is. We agree with the Engineering Department that the
rights-of-way parceled out in the original subdivision should remain
intact on this re-subdivision plat. Except for the retention of the
rights-of-way on the plat, the P&Z recommendation is also our
recommendation.
Planning and Zoning Commission Recommendation
The Planning and Zoning Commission recommends approval of subdivision
exception for the Marolt Ranch which will result in a 25.13 acre
parcel (Parcel I) which will be purchased by the City of Aspen and a
10.10 acre parcel (parcel II), which will be donated by the Marolts
to the City of Aspen.
A further recommendation is made for approval of an amendment to the
PUD/SPA plan in that earlier approved development is no longer planned
for construction and no development proposal currently exists on the
newly formed parcels.
Conditions recommended for the subdivision exception approval are:
1. Clarification by the applicant concerning the easement
vacation language in the "City Approval and Acceptance"
section of the plat be made to the satisfaction of the
Ci ty Engineering Department or be removed from the plat.
2. If the acquisition by the City if not completed, then the
development status will revert to that in effect prior to
this application.
3. The Holden Road alignment and Main Street right-of-way be
eliminated from the plat.
,~,
~
Memo: Marolt property
Page Three
June 13, 1983
Council Action
On first reading, you approved Ordinance 28, Series of 1983 for a
subdivision exception which creates a 25.13 acre parcel (Parcel I)
which will be purchased by the City of Aspen and a 10.10 acre parcel
(Parcel II) which will be donated by the Marolts to the City of Aspen
and amends the PUD/SPA plan to show that no development is proposed
for the newly created parcels with two conditions:
1. Clarification by the applicant concerning the easement
vacation language in the "City Approval and Acceptance"
section of the plat be made to the satisfaction of the
City Engineering Department or be removed from the plat.
2. If the acquisition by the City is not completed, then the
development status will revert to that in effect prior to
this application.
The Ordinance has been amended to reflect the deletion of a third
condition to eliminate the Holden Road alignment and Main Street right-
of-way from the plat.
The appropriate motion is:
"I move to adopt Ordinance 28, Series of 1983 (as amended)."
-~--'i::".
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, '
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MEMORANDUM
FROM:
Aspen City Council
Colette Penne, Planning Office
TO:
RE:
Subdivision Exception and SPA Amendment for. the Marolt
Property
DATE:
July 11, 1983
APPROVED AS TO FORM:~X~
Background
The Marolt property. is zoned R-15A, PUD/SPA. In reviewing the history
of the earlier approvals, it appears that the SPA designation was
applied for the purpose of conidering greater density on the property.
Ultimately, the number of units to be built could be accommodated by
the underlying zone and the SPA overlay was not necessary. There is
not an adopted SPA plan per se; rather the adopted PUD submission and
the subdivision agreement constitute the specific plan for development
of the property. Since the. SPA designation is still on the property,
any deviation from the adopted plan requires amendment.
Current Status
Approximately two months ago, the Marolts approached the City with an
offer of a donation of approximately 10.10 acres of land. This parcel
is delineated as Parcel lIon the plat and accompanying legal descrip-
tion. The City then offered to purchase the remaining 25.5 acres from
the Marolts. These 25.5 acres are delineated as Parcels I and the
"Lease Holders Parcel" on the plat and in the legal descriptions.
The subdivision exception action will be for the purpose of forming
the parcels as outlined above for separate conveyance. The purchase
by the City is for the purposes of open space, therefore the amendment
to the PUD/SPA plan will show no development proposal. The zoning
will remain R-15A, PUD/SPA.
The "Lease Holders Parcel" is not a separa.::e (subdivided) parcel
Rather, it is an area which will be leased for a period of three years
for the exclusive right of occupancy by Mrs. Opal Marolt. The agree-
ment with Mrs. Marolt is that she will be allowed appropriate ingress
and egress, furnished water and sewer services, and will pay only for
gas and electricity used solely by her. Mrs. Marolt has agreed to
indemnify the City and hold it harmless for any acts of herself or
her invitees and she will carry a public liability policy in the amount
of $400,000. During the term of the license agreement, she will pay
no charges to the City for rent or any other such fees.
The disposition of the use of a small shop building by Neil Beck must
be decided. The area was parcelled out in the original subdivision
and allowance made by Mrs. Marolt for his continued use. This original
parcel is outlined on the amended plat in the upper northeast corner
as being comprised of .574 acre and housing the pump house. Since
this segment of the property is part of Parcel I in this subdivision
and the parcel is being purchased with open space funds, if a leasehold
interest is to continue, it should be addressed in this amendment
process.
Referral Comments
The Engineering Department reviewed the application and made a site
inspection and outlined three areas of concern:
1. The City approval and acceptance certificate section of
the plat-includes the statement that the re-subdivision
"vacates all other easements not shown on the plat that
may exist as of the date of recordation hereof.," This
needs to be clarified as there is concern that this may
sause the City to give up some rights.
~
.t-,
Memo: Marolt property
Page Two
':;'aly 11,..1983
2. There is a significant amount of disturbance and debris on
the site due to the proposed development. The City may
wish to have some of these areas restored prior to purchase.
3. "The plat as submitted ,is in. line with our request to the
applicant that all rig~s of way and easements for existing
utilities remain on the plat. The easeme~ts serve to
delineate those areas already committed to the location and
maintenance of various utilities. We are particularly
concerned regarding the status of the various rights-of-
way parceled out in the original subdivision. While the
Holden Road alignment through Parcel II may be retained due
to the "donated" nature of the lot, the Main Street right-
of-way may be lost if Parcel I is purchased with "open
space" funding. The Engineering Department would suggest
that the voters have already denied the Main Street exten-
sion by refusing to dedicate the necessary right-of-way
through the Thomas property. Maintaining the dedicated
alignment on the Marolt plat would not, by itself, allow
the ext:ension of Main Street. It would, however, serve
to define a corridor within which no improvements should
be con~tructed that would be in conflict with its future
use as a roadway. In the future, if the voters are further
influenced by a worsening traffic situation in the Cemetary
Lane, Hallam, and 7th Street area, it would be a simple
matter to then dedicate the Thomas right-of-way."
planning Office Recommendation
The Planning Office has been informed by the Marolt's legal counsel
that the question of restoration of the parcel prior to the City's
purchase has been thoroughly discussed in the negotiations leading
up to purchase. The agreement reached was that the parcel will be
purchased as is. We agree with the Engineering Department that the
rights-of-way parceled out in the original subdivision should remain
intact on this re-subdivision plat. Except for the retention of the
rights-of-way on the plat, the P&Z recommendation is also our
recommendation.
Planning and Zoning commission Recommendation
The Planning and Zoning Commission recommends approval of subdivision
exception for the Marolt Ranch which will result in a 25.13 acre
parcel (Parcel I) which will be purchased by the City of Aspen and a
10.10 acre parcel (Parcel II), which will be donated by the Marolts
to the City of Aspen.
A further recommendation is made for approval of an amendment to the
PUD/SPA plan in that earlier approved development is no longer planned
for construction and no development proposal currently exists on the
newly formed parcels.
Conditions recommended for the subdivision exception approval are:
1. Clarification by the applicant concerning the easement
vacation language in the "City Approval and Acceptance"
section of the plat be made to the satisfaction of the
City Engineering Department or be removed from the plat.
2. If the acquisition by the City if not completed, then the
development status will revert to that in effect prior to
this application.
3. The Holden Road alignment and Main Street right-Of-way be
eliminated from the plat.
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Memo: Marolt Property
Page Three
Jaly 11, 1983
Council Action
On first reading, you approved Ordinance .28, Series of 1983 for a
subdivision exception which creates a 25.13 acre parcel (Parcel I)
which will be purchased by the City of Aspen and a 10.10 acre parcel
(Parcel II) which will be donated by the Marolts to the City of Aspen
and amends the PUD/SPA plan to show that no development is proposed
for the newly created parcels with two conditions:
1. Clarification by the applicant concerning the easement
vacation language in the "City Approval and Acceptance"
section of the plat be made to the satisfaction of the
City Engineering Department or be removed from the plat.
2. If the acquisition by the City is not completed, then the
development status will revert to that in effect prior to
this application.
The Ordinance .has been amended to reflect the deletion of a third
condition to eliminate the Holden Road alignment and Main Street right-
of-way from the plat.
The appropriate motion is:
"I move to adopt Ordinance 28, Series of 1983 (as amended)."
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MEMORANDUM
DATE: June 1, 1983
TO: City Engineer
City Manager
Planning DirectQ~--
FROM: Paul Taddune~
RE: Marolt Acquisition
Fred Alderfer, telephone no. 925-481(., who owns the
house on Sneaky Lane to the north of the City Shop
called my office to express concern over the status of
Neil Beck's occupation of a portion of the Marolt parcel
across the creek from his house. Please comment on the
existing situation and what the City's position will or
should be with respect to Neil Beck.
PJT/mc
.,.
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MEMORANDUM
TO: Aspen City Council
FROM: Colette Penne, Planning Office
RE: Subdivision Exception and SPA Amendment for the Marolt Property
DATE:
May 23, 1983
APPROVED AS TO FORM:
Background
The Marolt property is zoned R-15A, PUD/SPA. In reviewing the history of the
earlier approvals, it appears that the SPA designation was applied for the
purpose of considering greater density on the property. Ultimately, the number
of units to be built could be accommodated by the underlying zor! and the SPA
overlay was not necessary. There. is not an adopted SPA plan pe se, rather the
adopted PUD submission and the subdivision agreement constitut the specific
plan for development of the property. Since the SPA designation is still on the
property, any deviation from the adopted plan requires amendment.
Current Status
Approximately two months ago, the Marolts approached the City with an offer of
a donation of approximately 10.10 acres of land. This parcel is delineated as
Parcel II on the plat and accompanying legal description. The City then offered
to purchase the remaining 25.5 acres from the Marolts. These 25.5 acres are
delineated as Parcels I and the "Lease Holders Parcel" on the plat and in the
legal descriptions.
The subdivision exception action will be for the purpose of forming the parcels
as outlined above for separate conveyance. The purchase by the City is for the
purposes of open space, therefore the amendment to the PUD/SPA plan will show
no development proposal. The zoning will remain R-15A, PUD/SPA.
The "Lease Holders Parcel" is not a separate (subdivided) parcel. Rather, it
is an area which will be leased for a period of three years for the exclusive
right of occupancy by Mrs. Opal Marolt. The agreement with Mrs. Marolt is that
she will be allowed appropriate i.ngress and egress, furnished water and sewer
services, and will pay only for gas and electricity used solely by her. Mrs.
Marolt has agreed to indemnify the City and hold it harmless for any acts of
herself or her invitees and she will carry a public liability policy in the
. amount of $400,000. During the term of the license agreement, she will pay no
charges to the City for rent or any other such fees.
Referral Comments
The Engineering Department reviewed the application and made a site inspection
and outlined three areas of concern:
1. The City approval and acceptance certificate section of the
plat includes the statement that the re-subdivision "vacates
all other easements not shown on the Plat that may exist as
of the date of recordation hereof". This needs to be clarified
as there is concern that this may cause the City to give up some
rights.
2. There is a significant amount of disturbance and debris on the
site due to the proposed development. The City may wish to
have some of these areas restored prior to purchase.
3. "The Plat as submittE!d is in line with our request to the
applicant that all rights of way and easements for existing
utilities remain on the plat. The easements serve to delineate
those areas already committed to the location and maintenance
of various utilities. We are particularly concerned regarding
the status of the various rights-of-way parceled out in the
ox'jgjn_aL sub_diyisi_on~While tl1i:!JioJderl_Road aligl1JllerlL~hEolJ9h
~
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Memo: Marolt Property
Page Two
May 23, 1 983
Parcel II may be retained due to the "donated" nature of the lot,
the Main Street right-of-way may be lost if Parcel I is purchased
with "open space" funding. The Engineering Department would
suggest that the voters have already denied the Main Street exten-
sion by refusing to dedicate the necessary right-of-way through
the Thomas property. Maintaining the dedicated alignment on the
Marolt plat would not, by itself, allow the extension of Main
Street. It would, however, serve to define a corridor within
which no improvements should be constructed that would be in conflict
with its future use as a roadway. In the future, if the voters are
further influenced by a worsening traffic situation in the Cemetary
Lane, Hallam,7th Street area, it would be a simple matter to then
dedi ca te the Thomas ri ght-of-way. "
Planning Office Recommendation
The Planning Office has been informed by the Marolt's legal counsel that the
question of restoration of the parcel prior to the City's purchase has been
thoroughly discussed in the negotiations leading up to purchase. The agreement
reached was that the parcel will be purchased as is. We agree with the
Engineering Department that the rights-of-way parceled out in the original
subdivision should remain intact on this re-subdivision plat. Except for the
retention of the rights-of-way on the plat, the P&Z recommendation is also our
recommendation.
Planning and Zoning Commission Recommendation
The Planning and Zoning Commission recommends approval of subdivision exception
for the Marolt Ranch which will result in a 25.13 acre parcel (Parcel I) which
will be purchased by the City of Aspen and a 10.10 acre parcel (Parcel II), which
will be donated by the Marolts to the City of Aspen.
i\ further reconrnenda ti on ., s made for approva i of an amendment to the PUD/ SPA
plan in that earlier approved development is no longer planned for construction
and no development proposal currently exists on the newly formed parcels.
Conditions recommended for the subdivision exception approval are:
1. Clarification by the applicant concerning the easement vacation
language in the "City Approval and Acceptance" seCtion of the
pl at be made to the sa ti sfacti on of the Ci ty Engi neeri ng Department
or be removed from the plat.
2. If the acquisition by the City is not completed, then the develo~ment
status will revert to that in effect prior to this application.
3. The Holden Road alignment and Main Street right-of-way be eliminated
from the plat.
Council Action
If Council concurs with the recommendations of the Planning
regarding amendment of the SPA, the appropriate motion is:
"I move to read Ordinance ;),?f , Series of 1983."
"I move to approve Ordinance ~15 , Series of 1983." JIQ.;:,Y'.c\,\\uV's;;
and Zoning Commission
~ ("$+nk~
If Council concurs with the recommendation of the Planning and Zoning Commission
concerning the subdivision exception action, the appropriate motion is:
"I move to approve subdi vi s i on excepti on for the Ma ro lt Ranch as presented
with the following conditions:
1. Clarification by the applicant concerning the easement vacation
language in the "City Approval and Acceptance" section of the
plat be made to the satisfaction of the City Engineering Department
or be removed from the plat.
2. If the acquisition by the City is not completed, then the develop-
ment status will revert to that in effect prior to this application.
/'
.!'
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^
Memo: Marolt Property
Page Three
May 23, 1983
3. The Holden Road alignment and Main Street right-of-way be eliminated
from the plat.
If Counci.1 concurs with the recommendation of the Planning Office and the
Engineering Department, the appropriate motion is:
1. Clarification by the applicant concerning the easement vacation
language in the "City Approval and Acceptance" section of the
plat be made to the satisfaction of the City Engineering Depart-
ment or be removed from the plat.
2. If the acquisition by the City is not completed, then the develop-
ment status will revert to that in effect prior to this application.
3. The Holden Road alignment and Main Street right-of-way be specifically
shown on the plat and retained for possible future roadway purposes.
<.
~
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MEMORANDUM
.,.-"
TO: Aspen Planning and Zoning Commission
FROM: Colette Penne, Planning Office
RE: Subdivision Exception and SPA Amendment for the Marolt Property
DATE: May 17, 1983
Background
The Marolt property is zoned R-15A, PUD/SPA. In reviewing the history of the
earlier approvals, it appears that the SPA deSignation was applied for the
purpose of considering greater density on the property. Ultimately, the number
of units to be built could be accommodated by the underlying zone and the SPA
overlay was not necessary. There is not an adopted SPA plan perse, rather the
adopted PUD submission and the subdivision agreement constitute the specific
plan for development of the property. Since the SPA designation is still on the
property, any deviation from the adopted plan requires amendment.
Current Status
Approximately two months ago, the Marolts approached the City with an offer of
a donation of approximately 10.10 acres of land. This parcel is delineated as
Parcel II on the plat and accompanying legal description. The City then offered
to purchase the remaining 25.5 acres from the Marolts. These 25.5 acres are
delineated as Parcels I and the "Lease Holders Parcel" on the plat and in the
legal descriptions.
The subdivision exception action will be for the purpose of forming the parcels
as outlined above for separate conveyance. The purchase by the City is for the
purposes of open space, therefore the amendment to the PUD/SPA plan will show
no development proposal. The zoning will remain R-15A, PUD/SPA.
The "Lease Holders Parcel" is not a separate (subdivided) parcel. Rather, it
is an area which will be leased for a period of three years for the exclusive
right of occupancy by Mrs. Opal Marolt. The agreement with Mrs. Marolt is that
she will be allowed appropriate ingress and egress, furnished water and sewer
services, and will pay only for gas and electricity used solely by her. Mrs.
Marolt has agreed to indemnify the City and hold it harmless for any acts of
herself or her invitees and she will carry a public liability policy in the
amount of $400,000. During the term of the license agreement, she will pay no
charges to the City for rent or any other such fees.
Referral Comments
The Engineering Department reviewed the application and made a site inspection
and outlined three areas of concern:
1. The City approval and acceptance certificate section of the
plat includes the statement that the re-subdivision "vacates
all other easements not shown on the Plat that may exist as
of the date of recordation hereof". This needs to be clarified
as there is concern that this may cause the City to give up some
rights.
2. There is a significant amount of disturbance and debris on the
site due to the proposed development. The City may wish to
have some of these areas restored prior to purchase.
3. "The Plat as submitted is in line with our request to the
applicant that all rights of way and easements for existing
utilities remain on the plat. The easements serve to delineate
those areas already committed to the location and maintenance
of various utilities. We are particularly concerned regarding
the status of the various rights-of-way parceled out in the
original subdivision. While the Holden Road alignment through
Parcel II maybe retained due to the "donated" nature of the lot,
the Main Street right-of-way may be lost if Parcel I is purchased
with "open space" funding. The Engineering Department would
suggest that the voters have already denied the Main Street
extension.by refusing to dedicate the necessary right-of-way
through the Thomas property. Maintaining the dedicated alignment
on the Marolt plat would not, by itself, allow the extension of
A
~
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- 2 -
Main Street. It would, however, serve to define a. corridor
within which no improvements should be constructed that
woul d be in confl i ct wi th its future use as a roadway. In
the fu ure, if the voters are further influenced by a worsening
traffi situation in the Cemetery Lane, Hallam, 7th Street
area, it would be a simple matter to then dedicate the Thomas
ri ght- f-way".
Plannin Office Review and Recommendation
The Planning Of ice has been informed by the l1arolt's legal counsel that the
question of res oration of the parcel prior to the City's purchase has been
thoroughly disc ssed in the negotiations leading up to purchase. The agree-
ment reached wa that the parcel wi 11 be purchased as is. We agree with the
Engineering Dep rtment that the rights-of-way parceled out in the original
subdivision sho ld remain intact on this re-subdivision plat.
We recommend th
for the Marolt
(Parcel 1) whi c
parcel (Parcel
t you recommend to Council approval of subdivision exception
anch. This re-subdivision will result in a 25.13 acre parcel
wi 11 be purchased by the City of Aspen and a 10.10 acre
I) which will be donated by the Marolts to the City of Aspen.
We recommend fUither that you recommend to Council approval of an amendment
to the PUD/SPA lanin that the earlier approved development is no longer
planned for con truction and no development proposal currently exists on the
newly formed pa eels.
Conditions reco mended for these approvals are:
1. Clarif cation by the applicant concerning the easement
vacati n language in the "City Approval and Acceptance"
sectio of the plat be made to the satisfaction of the
City E gineering Department or be removed from the plat.
3.7.
The HQ den Ro d
be ill I
lignment and Main Street right-of-way
the pl at ...Ra ,etainea fer
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COMMITMEl'lT FOR TITLE INSURAl'lCE
ISSUED BY
Tral1lsamerica Title Insurance Company
r
,
AMOUl'lT
OWNER $ 2.100.000.00
MORTGAGE $
ADDITIONAL CHARGES
COS'l' OF TAX CERTIFICATE
SURVEY COSTS
TOTALS
PREMIUM
$ 3.212.75
$
$
$ 5.00
$
$
R.oBERT J.oYCE P.C.
1125 17TH STREET, SUITE 2160
DENVER, C.oLORAD.o 80202
ATTN: LYNN J.oRDAN
L.
..J
Your Reference MAROLT/CITY .oF ASPEN
CC'sTo: CITY .oF ASPEN
J.oHN MUSICK
No. 7302268
C-2
Sheet 1 of...L
COMMITMENT TO INSURE
Transameriea Title Insurance Company, a California corporation, herein called the Company, for a
valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in
Schedule A, in favor of the proposed insured named in Schedule A, as owner or mortgl',gee of the estate or
interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums \\
an.d charges therefor; an.subject to the provisions of Schedules A and B and to the conditions and stipula-
tions attached.
Customer Contact: V. H.
Phone: 925-1766
The effective date of this commitment is
At which time fee title was vested in:
By
VINCENT J. HIGENS
AUTHORIZED SIGNATURt
MAY 13
,19ll-at 7:00 A.M.
MAROLT ASS.oCIATES, A C.oLORADO GENERAL PARTNERSHIP.
in fee simple
SCHEDULE A
1. Policies to be issued:
(A) Owners':
THE CITY .oF ASPEN, A MUNICIPAL C.oRP.oRATI.oN AND H.oME RULE CITY
(B) Mortgagee's:
li'orm No.C:-U2.1 Rev.1~1-81
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Form No. C.U2.2
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SCHEDULE A-Continued
2. Covering the Land in the State of Colorado, County of PITKIN
Deseribe~ as:
ALL OF THE MAROLT RANCH SUBDIVISION,
acco th thereof recorded
1n Plat Book 12 at Page 1.
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SCHEDULE A-Continued
REQUIREMENTS
3. The followil).g are the requirements to be complied with prior to the issuance of said policy or policies.
Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule r
B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of clerk '
and recorder of the county in which said property is located.
A. Release hy the Public Trustee of the,
Deed" of Trust from: Marolt Associates, a Colorado General Partnership
to the Public Trustee of the County of pitkin
for the use of United Bank of Skyline, N.A.
to secure > $735,000.00
dated : June 4, 1981
recorded : June 5, 1981 in Book 409 at Page 421.
B. Release by the Public Trustee of the,
Deed of Trust from: Marolt Associates, a Colorado General Partnership
to the Public Trustee of the County of Pitkin
for the use of Opal Marolt
to secure : $32,947.13
dated : March 1, 1982
recorded : March 8, 1982 in Book 423 at Page 206.
C. Disposition of Lis Pendens, pursuant to Rule of Civil Procedure 105 (f)
by court determination, disclaimer by all partieS, final judgement or
~~'~'~~te of Dismissal issued by the Clerk of the Court, in Civil Action
lPo. 82 CV l~ in the District Court of Pitkin County, Colorado, entitled
Ot1sAssoc1ates, plaintiff VS Marolt Associates, a Colorado General Partnership,
.Opal M. Marolt, United Bank of Skyline, N.A. and Thomas Carl Oken, Public Trustee
. of pitkin County,. Colorado, Notice of Commencement of Action recorded April 13,
1982 in Book 425 at Page 36.
D. Disposition of Lis Pendens, pursuant to Rule of Civil Procedure 105 (f)
by court determinat1on, disclaimer by all parties, final judgement or
Certificate of Dismissal issued by the Clerk of the Court, in Civil Action
No. , .in the District Court of pitkin County, Colorado, entitled
J, Wheeler Construction Gorp., a Colorado Corporation, plaintiff VS Moore-
Myers & Associates, a Texas Corporation, defendant, Notice of Commencement
of Action recorded September 15, 1982 in Book 432 at Page 767.
E. Disposition of Lis Pendens, pursuant to Rule of Civil Procedure 105 (f)
by court determination, disclaimer by all partie.s, final jUdgement or
Certificate of Dismissal issued by the Clerk of the Court, in civil .Action
No. 82 CV 414, in the District Court of pitkin County, Colorado, entitled
Moore Myers & Associates, a Texas Corporation, plaintiff VS Marolt Associates,
a Colorado General Partnership, United Bank of Skyline, N.A., Opal M. Marolt,
Otis Associates, Inc. , an Illinois Corporation, J. Wheeler Construction Corp.,
a COlorado Corporation, and Thomas Carl Oken, Public Trustee in and for Pitkin
County, Colorado, defendants, Notice of Commencement of Action recorded October 10,
1982 in Book 434 at Page 792.
-----CONTINUED-----
Fonn No. C.U2.8
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SCHEDULE A-Continued
REQUIREMENTS
L-~. Resolution by the City of Aspen approving the purchase of the subject property.
\G. Deed from Marolt Associates, a Colorado General Partnership to The City of Aspen
a Municipal Corporation and Home Rule City.
"
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SCHEDULE B
THE POLICY OR POLICIES TO BE ISSUED HEREUNDER WILL ,NOT INSURE AGAINST:
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.
S. 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 hereafter furnished, im-
posed by law and not shown by the public records.
5. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer
service, or for any other special taxing district.
6. Right of the proprietor of a vein or lode to extract and remove his ore therefrom
should the same be fo~nd to penetrate or intersect the premises, hereby granted,
and right of way for ditches or canals constructed by the authority of the United
states, as reserved in the United States Patents recorded December 3, 1892 in Book
55 at Page 35 (affects lands in Lot 9, Lot 10, and SW~SW~ of Section 12); recorded
November 5,1927 in Book 55 at Page 293 (affects lands in Section 13).
7. Right of way for Castle Creek Road along a portion of the Southwesterly side of the
subject property as presently constructed and in place.
8. All existing power lines and ditches, including the Marolt Ditch, as shown on survey
of Gerald H. pesman, final Plat of which is dated July 1, 1969.
9. Easement and right of way for a Trail Easement and right of way as granted to County ~
of pitkin by Opal Matilda Marolt as duly appointed, qualified, and acting administratrix ~
of the Estate of Michael Christopher Marolt, deceased, in the instrument recorded
November 27, 1974 in Book 293 at Page 880.
10. Easement and right of way for the purpose of repa1r1ng, maintaining, using, operating,
enlarging, and replacing as existing waterline and its appurtenances, including a six
(6) foot diameter PRV manhole in place, as granted to the City of Aspen, Colorado,
a Municipal Corporation,. in the instrwment recorded February 11, 1976 in Book 308 at
Page 682, affecting the following described property:
A strip of land five (5) feet in width being two and one-half (2~) feet on either
side. of a centerline over .and across a portion of the SW\ of .Section 12, T10S, R85W
of the 6TH P.M., Pitkin County, Colorado, more particularly described as follows:
Conunencing .at a point, said point being S 78001'33" E 1710.71 feet from the W~ corner i
of said Section 12, T10S, R85W of the 6TH P.M. ( a 1954 brass cap in place), thence I'.
o 0 '0
S .02 28'07" W 33.20 feet; thence S 17 42'20" W 36.27 feet; ,thence S06 45'01" W 53.09
:l;~et; thence S 02001'14" W 23.820feet1 thence S 05032'45".,W 29.080f~et;thence S 040 ,...
44'53" W40.11 feet; thence S 10 48'37" W 33.96 feet; thence S 06 45'16" W 36.05 :l;eet; .
o 0 ' ,,"'," ,,"0
the.nce S 02 24'47" W 36.10 feet; thence S 01 42'41" E 29.46 feet; thence S 02 14'16" W
21.26 feet; thence S 74019'15" E 19.20 feet to a point, said point being S 66012'43" E
1807.81 feet from the W\ corner of See, 12, TIOS, R85W of the 6TH P.M.
-----CONTlNUED-----
Form No. C-142.4 Rev. 4-18-'1'5
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SCHEDULE B-Continued
11. Easements and right of way for repairing, maintaining, using, operating, and
replacing an existing underground waterline and its appurtenances, as granted
to the City of Aspen, Colorado, a municipal COrPoration by Opal Matilda Marolt,
administratrix of the Estate of Michael Christopher Ma'ro1t, in the instrument
.recorded February 11, 1976 in Book 308 at Page 685, affecting the following described
property:
A strip of land five feet in width being two and one-half feet on either side of
a.center1ine being more fully described as follows:
Conunencing at a point, said point being N 75010' 26 "W 841. 55 feet from the rock
.witness corner for the South 1.< of Section 12. T10S, R85W of the 6TH P.M.; thence
o . 0 . 0
S85 30'30" W 169.71 feet, thence S 81 22' W 95.14 feet; thenceN 79 05' W 146.38
o 0
feet; thence N 71 04' W 4.50 feet; .thence S 22 21'30" W 831.30 feet to a point,
said point being S 70021'37" W 1635.59 feet from the rock witness corner for the
South" corner of Sec.12, T10S, R85W of the 6TH p.l-I.Jsaid point being also 11,12,
13,14, T10S, R85W of the 6TH P.M., the corner is S 23 00' W 52.80 feet from a 1954
survey brass cap marked Section Corner 11,12,13,14.)
12. Easement and right of way for constructing, operation, maintenance, replacing,
repairing, and using the fire hydrant service and related appurtenances, as granted
to the City of Aspen, Colorado, al~unicipa1 Corporation, by Opal Matilda Marolt,
administratrix of the Estate of Michael Christopher Marolt, in...the instrument
recorded February 11, 1976 in Book 308 at Page 688 affecting the following described
property:
Conunencing at a 12" Valve on the Southeasterly side of the 20" concrete water main
in place said valve being approximately N 23041' E 280 feet and N 55012' E 1310.4
feet from the Southwesterly Sec. corner of Sec. 12,T10S, R85W of the 6TH P.M,; thence
.Northerly and Easterly approximately 250.feet to.a fire. hydrant in place located
Southerly of the Marolt House.
13. Any rights, interests, or easements in favor of the United States, the State of Colorado
or the General Public, which exists or are claimed to exist in and over the present
and past bed, banks and waters of Castle Creek.
14. Any loss of or adverse.c1aims to that portion of the land described in Schedule A
hereof adjoining the Castle Creek River, based on assertion that the channel and banks
of said river have been changed or altered other .than by natural causes and in imper-
ceptible degrees. "
15. Easement and right of way for all water well and pipelines as described in instrument
recorded June 3, 1981 in Book 409 at Page 313.
16. Easement for. irrigation; emergency access, public utility and drainage, waterline
eas,emEmts all as shown on the recorded Plat of the subjeQt proPerty.
Form No. 0.142.&
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Transamerica Title Insurance Company
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Arapahoe.. Douglas
2000 WostLlttlelol'l aoul_al'd
Llttl.~"~ Colorodo 80120
(3031795....000
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Lort...e,
lS1W."Mo....ftlah'l 'A:wo""
loa 1100
h,.'Cellll'lI, Colorodo 80Sn
:(303) "'3-6464
Donve, . Adami
. 1100 LowNnce' $,....,
bell....'. (Olo",do 80202
(303)629.4800
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131 , lood 'A...l'l'"
Oro.. Junction, Colorodoa.1501
(303) 242~82U
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lov'clet
1317 SPnlCO $1....'
huld.,. (oTorodo 80302
(303. ....3.7160
.
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Pitkin
601't. tlOP~NS ".oi:.
Alpen. Colofodo 81611
1303l92.5.1166
Eogl.
108 South ffOntollO Rood
lex \700
VolI. Colorodo 81657
(3031 629~"9S6
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627 Nortfl. MO;fl $t.....
'Vtiblo. Colorado 8,1003
. (303) 5"3.0451 .
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Etras.
AI' South WeHi' Street
COI.... Sp"",., Colol'Odo 80903
(303) 634.3731
loutt -Jadeson
507Uncoln SIi'M'
10_7135'1
Stea_boot s""r""., Colorado 80477
(303),'119.1611
.
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Jeff.rson
1675 CorrSt....t
to_oOd. 'CoIor060 8021.5
(303) 231.2800
Weld
,.., Tenth SI....'
G,..'.y~ COIOflldo 80631
(303) 3$2..2283
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Transamenca
TrtIe Services
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CONDITIONS AND STIPULATIONS
Please read carefully
1. This is a Commitment to issue one or more policies of title insurance in our Standard Form when the
requirements set forth in the Commitment have been satisfied. The policy is available and should be
examined before this Commitment is used if there is any question .about coverage.
2. Only the policies shown are committed to. If there are any changes in the transaction, order an
amendment from us.
S. The date on this Commitment is important. Nothing after that date has been considered by us.
4. This Commitment is good for 6 months only. Extensions should be ordered from us if they are
needed.
Form No. c..l42.ARev. 'l.t-81
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P.O, Box 669 823 Blake Avenue
GLENWOOD SPRINGS. COLORADO 81601
[L,[uu[lr@[f uOOt!::l[j:;']~!J\J1JDuut!::l[L,
(303) 945.8596
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WE ARE SENDING YOU )ZtAttached
o Shop drawings 0
o Copy of letter 0
o Under separate cover via
the following items:
Prints
o Pians
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o Samples 0 Specifications
~f Le0,c.D D~"'"
Change order
COPIES DATE NO. DESCRIPTION
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THESE ARE TRANSMITTED as checked below:
o For approval
~or your use
~s requested
o For review and comment
o FOR BIDS DUE
o Approved as submitted
o Approved as noted
o Returned for corrections
o Resubmit_copies for approval
o Submit_copies for distribution
o Return_corrected prints
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o PRINTS RETURNEO AFTER LOAN TO US
REMARKS
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LEGAL DESCRIPTION: Parcel I
A tract of land situate in lots 9, 10, 13, SW 1/4 SW 1/4 Section
12, T10$, R85W, 6th P.M. and Lot 5 and NW 1/4 NW 1/4 Section 13,
T105, R85W, 6th P.M. described as follows:
Beginning at a point, in the center line of Castle Creek (the 5W
cor. Lot 2 Adams Subdivision), . . .
thence N 14" 40' .E 149.97 feet to corner #13 Holden Tract,
thenceN 140 35'W 172.00 feet to corner #14 Holden Tract,
thence N. 370 50' W 314.72 feet to corner #1 Holden Tract, being identical
with carrier #4 North}exas Mill Site MS #3288, .
thence N 54" 45' W 84.00 feet to the center line of Castl~ Creek,
thence N 260 00' W 94.00 feet along the center line of Castle Creek,
thence N.280 10'. E 294.00 feet along the center line of Castle Creek,
thence N 200 OS' E 115.40 feet along the center line of Castle Creek,
to the south right-of-way line of Colorado Highway No. 82,
thence N 750 08' W 360.26 feet along the south right-of-way line of
Colorado Highway No. 82, .
thence 63.52 feet along the arc of a curve to the left (radius of 905.00
feet chord bears N 77" 08' 38" W 63.51 feet),
thence S 10" 51' W 90~71 feet,
thence S 210 47' W 282.37 feet,
. thence S 25" 28' W 455.83 feet,
thence S 87" 36' 26" E 355.89 feet,
thence S 20" 28' 00" E 271.50 feet, .
. thence 168.07 feet along the arc of a non-tangent curve to the .1eft
. (radius 155.32 feet chord bears S 610 26' 00" W 159.99 feet),
thence S 300 26' DO" W 641.19 feet,
thence SOl" 57' 00" l~ 515.00 feet,
thence S 060 42' E 308.07 feet,
thenceN 90" DO' W 9.11 feet,
thence S 330 00' E 61.65 feet,
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thence N 680 35' E 280.15 feet to the line 1-2Short Lime MS #4610,
thence N 160 DO' W 44.62 feet along line 1-2 to corner No. 1 Short
Lime MS #4610,
thence N 740 00' E 236.35 feet along line 1-4 of Short Lime MS #4610,
thence N 900 AD' W 74.04 feet,.
thence N 190 12' E 117.32 feet,
thence N 420 3D' W 329.09 feet,
,
thence N 020 43' W 221.35 feet,
thence N 160 44' E 139.78 feet,
thence S 700 12' E 120.00 feet,
thence N 360 45' E 268.63 feet to the most northerly corner of property
described in Book 196 at Page 376, Pitkin County Records,
thence N 600 46' W 190 feet to the center line of Castle Creek,
thence along the center line of Castle Creek the following courses:
N 120 33' 29" \-1 154.72 feet,
thence N 430 00' E 80.00 feet,
thence N850 3D' E 83.00 feet,
thence N 850 DO' E 150.00 feet,
thence S 680 AD' E 80.00 feet,
thence S 770 AD' E 110.00 feet,
thence N 810 19' 15" E 40.17 feet to the point of beginning, containing
22.13 acres more or less.
excepting therefrom a 50 foot access easement.
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LEGAL DESCRIPTION - Lease Holders Parcel.
A tract of land situate in Lots 9, 10. 13 SW 1/4 SW 1/4. Section 12.
Tl0S. Ra5W. 6th P.M. and Lot 5 and NW 1/4 NW 1/4. Section 13. Tl0S.
Ra5W. 6th P.M. described as follows:
Beginning at a point whence the SW cor. of lot 2 Adams Subdivision,
as recorded in the Pitkin County Clerk and Recorder's Office. bears
S 760 39' 33" E 969.93 feet; thence S 610 20' 37" E 425.30 feet;
thence N 300 26' DO" E 45.00 feet; thence 168.07 feet along the arc
of a 155.32 foot radius curve to the right. having a central angle of
620 DO' DO" and subtending a chord bearing N 610 26' DO" E 159.99
feet; thence along a non-tangent bearingN 200 28' DO" W 271.50 feet;
thence N 870 36' 26" W 355.89 feet; thence S 250 28' AD" W 200.00
feet to the point of beginning. conta.ining 3.00 acres more or less.
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LEGAL DESCRIPTION - Parcel II
A tract of land situate in Lot 9, 10, 13, SW 1/4 SW 1/4, Section 12,
Tl0S, Ra5W, 6th P.M. and LotS and NW 1/4 NW 1/4. Section 13, T105,
R85H. 6th P.M. . described as follows:
Beginning at a point whence the southwest corner of Lot 2 Adams Sub-
division as recorded in the Pitkin County Clerk and Recorder's Office
bears S 760 39' 33" E a distance of 969.93 feet; thence S 250 28' 00"
Wa distance of 60.00 feet; thence S 180 14' 00" VI a distance of 1107.77
feet; thence. S 400 DO' 00" E a distance of 114.98 feet; thence S 530
34' 00" E a distance of 124.61 feet; thence N 810 56' 00" E a distance
of 254.45 feet; thence NOlo 57' DO" E a distance of 515.00 feet;
thence N 30026' DO" E a distance of 596.19 feet; thence N 610 20' 37"
Wa distance of 425.30 feet to the point of beginning, containing 10.10
acres more or less.
OFFICES:. GlENWOOD SPRINGS. RIFLE. DURANGO
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MEMORANDUM
TO:
Colette penne, ~lanning Office
Jay Hammond, City Engineering ~
FROM:
DATE:
May 10, 1983
RE:
Marolt Ranch Subdivision
Having reviewed the above application, and made a site inspection,
the Engineering Department has the following comments:
l. The plat as submitted is in line with our request to the
applicant that all rights-of-way and easements for existing
utilities remain on the plat. The easements serve to
delineate those areas already committed to the location
and maintenance of various utilities. We are particularly
concerned regarding the status of the various rights-of-way
parceled out in the original subdivision. While the Holden
Road alignment through parcel II may be retained due to the
"donated" nature of the lot, the Main Street right-of-way
may be lost if parcel I is purchased with "open space"
funding. The Engineering Department would suggest that the
voters have already denied the Main Street extension by
refusing to dedicate the necessary right-of-way through
the Thomas property. Maintaining the dedicated alignment
on the Marolt plat would not, by itself, allow the extension
of Main Street, it would, however, serve to define a corridor
within which no improvements should be constructed that would
be in conflict with its future use as roadway. In the future,
if the voters are further influenced by a worsening traffic
situation in the Cemetary Lane, Hallam, 7th Street areas, it
would be a simple matter to then dedicate the Thomas
right-of-way.
2. We would appreciate some clarification from the applicant
regarding language in the City approval and acceptance
certificate that vacates easements not shown on the plat.
We are concerned that this may cause the City to give up
some rights.
3. There is a significant amount of disturbance and debris
on the site due to the proposed development. The City may
wish to have some of these areas restored prior to purchase.
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Robert]. Joyce
Lynn S. Jordan
Karen S. Burn
Robert J. Joyce, p.e
Attorneys & Counselors at Law
Denver National Bank Plaza
1125 Seventeenth Street. Suite 2160
Denver, Colotado 80202
(303) 534-6276
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May 4, 1983
Aspen/Pitkin County Planning Office
130 South Galena Street
Aspen, Colorado 81Gll
Re: The Resubdivision of the Marolt Property
ATTN: Collette Penne, Planner
Dear Ms. Pennel
This letter constitutes our formal written request for subdivision exception
per Section 20-19(a) of the Municipal Code for the City of Aspen. I understand that
this procedure is a shortened subdivision procedure, in that conceptual review
before City Council is waived, as well as a preliminary plat before Planning 8lld
Zoning. Conceptual review will be before the Planning and Zoning Board 8lld final
plat before the City Council.
I believe a brief description of the parcels to be conveyed and the history of
the transaction is in order. Approximately six weeks ago, the Marolts approached
the City and questioned several city officials as to whether or not the City of
Aspen might be interested in a donation. The City indicated an interest 8lld
thereafter the Marolts offered to donate to the City approximately 10.10 acres.
This particular parcel is delineated as parcel ill on the legal description attached to
this letter 8lld on the plat. The City then offered to purchase the remaining 25.5
acres from the Marolts. As has been acknowledged by all parties, this is a bargain
sale in that offers to purchase the Marolt property previously were in the range of
$4 million. Thus, the transaction is as follows: The Marolts will donate to the City,
on or before July 1, 1983, those 10.10 acres delineated in parcel III on the attached
legal description. On or before August 1, 1983, the Marolts will sell to the City of
Aspen, for purposes of open space, that particular parcel of property delineated on
the plat 8lld on the attached legal description as Parcels I 8lld II.
Upon delivery of deed to all of the acreage composing what has been
commonly known as the Marolt R811ch, the City as licensor 8lld Mrs. Opal Marolt as
licensee will execute a certain License Agreement. The area covered by this
Agreement is depicted as parcel II on the attached legal description but will not be
shown as a separate parcel em the plat. Commencing upon the date of delivery of
deed of the acreage to the City and commencing for a period of three years, Opal
Marolt will have the exclusive right to occupy the acreage depicted as parcel II.
During these three years, Mrs. Marolt will be allowed appropriate ingress 8lld
egress, furnished water 8lld sewer 8lld will pay only for gas 8lld electricity used
solely by her. Mrs. Marolt has agreed to indemnify the City and hold it harmless
for any acts of herself or her invitees, etc., and further will carry a public liability
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Aspen/Pitkin County Planning Office
May 4, 1983
Page 2
policy in the amount of four hundred thousand dollars ($400,000.00). During the
terms of this license agreement, Opal Marolt will pay no charges to the City, for
rent or any other such fees.
Lastly, at this time I would request an amendment of the SPA/PUD plan in
that the earlier approved development is no longer planned for construction and no
development proposal currently exists on the newly formed parcels delineated on
the attached legal descriptions. I understand that the zoning will remain R-15A,
PUD/SPA.
I believe this letter sets forth all those items necessary for formal
application. As I know you are well aware, we are under a very tight time deadline
and therefore if you have any questions or concerns or if I may be of any assistance
please do not hesitate to contact me.
Sincerely,
~~A~A'l'
Duly Authorized ttorney at Law for
Marolt Associates
LSJ:c1t
Enclosure
cc: Mrs. Opal Marolt
Ms. Vicki M. Buchanan
Mr. Keith Marolt
Ms. Peggy Marolt Eldridge
Ms. Judy Marolt
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PUBLIC NOTICE
RE: Amendment of the PUD/SPA Plan for the Marolt Property
NOTICE IS HEREBY GIVEN that a public hearing will take place before
the Aspen Planning and Zoning Commission on Tuesday, May 17, 1983 at a meeting
to begin at 5:00 p.m. in the City Council Chambers of City Hall, 130 S. Galena
Street, Aspen to consider the amendment of the PUD/SPA plan, which is the
specific plan for the development of the Marolt property. The new proposal will
show no development proposed at the present time. For further information,
contact the Planning Office, 130 S. Galena Street, Aspen, 925-2020, ext. 223.
s/Perry Harvey
Chairman, Aspen Planning & Zoning
Commission
Publ ished in the Aspen Times on April 28, 1983.
City of Aspen account.
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ASfpen /Pi tkinfPlanning Office
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Aprfl 27, 1983
Lynn Jordan
Robert Joyce
1125 17th Street,
Denver, Colorado
Suite 2160
80202
Dear Ms. Jordan,
Your letter of application to the Aspen/Pitkin County Planning
Office for the re-subdivision of the Marolt property should
address the following points:
<a> A request for subdivision exception per Section 20-19(a)
of the Municipal Code (.copy of which is attached). This
procedure is a shortened subdivision procedure, in that
conceptual review before City Council is waived as well as
preliminary plat before P&Z. Conceptual review will be
before the P&Z and final plat at City Council.
(b) A description of the parcels to be created and the method
by which they will be conveyed, i.e., purchase or donation.
(c) An explanation of the license arrangement allowing for
occupancy by Mrs. Marolt. This area should also be depicted
on the plat but not .hown as a separate parcel.
(d) A request for amendment of the SPA/PUD plan indicating that
the earlier approved development is no longer planned for
construction. and that no development proposal exists on the
newly-formed parcels. The zoning will remain R-15A, PUD/SPA.
In. reviewing the history of the earlier approvals, it appears that
the SPA designation was applied for the purpose of allowing greater
density on the property and the final proposal did not require that
provision. There is not an adopted SPA plan per se, rather the
adopted PUD Submission and Subdivision Agieement constitute the
specific plan for development of the property. Because the SPA
designation is still on the property, any deviation from the adopted
plan requires an amendment.
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If you have any questions or require further information, my
phone number is 925-2020, ext. 223.
Sincerely,
Colette Penne, Planner
Aspen/Pitkin Planning Office
attachment
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HEMORANDUM
TO:
Y.embers of the City Council
City Mc-lllager - /'
Planning Director V
Cit-y Engineer
FRO!1:
City Attorney
RE:
Marolt p,anch Acquisition; proposed Pu:t:chase .and Sale Agreement
DATE:
l',pril 21, 1983
A.'111exed for yom- review and CO;i1Wd11t please find a revised Purchase and
Sale Agreement in COnl)"ction with the Harolt I;anch Op'3n Space Acquisition.
This revised P,-1.rCh~lS(~ and Sale Asrreeme.'1t 'will be approv"0d as Ex..hibit: HA" of
Ordinance No~ 15 Ol1 second recK1ing.
As you wiJ} note I the P..c()p~,sed Purchasl$ and Sale Agr82.rl10-T.tt conta5n.s
the following elEl:\1Emts:
1. Purchase price of $2.1 mUll.on dollars payable as follo-ws:
a. $10,000 c0[;h payable urxm the exec'tltion of the contract,
to be held by Sellers attorney in. escrow pendi.ng closing..
b~ $1/790,000 payable in caEh or ce:t:'tif.iEX1 fwxls upon delivery
of deGd~
c. Pl~o/td.,ssol.l' j\iot.e S8C1IJ:'E.U by f5xsd: Dsed of Trust: .in favor
of Sel1{~ in t:h'~ p:'::-incipal arctOu:nt of. $300 1000 i/Jith interes.t
at the rate of 12% per amlum. lJ:he note 'i'Jill be paid in
quarterly a~mual interest payments only of $9,000 ill)d
tt.1--.le: entire principal balance 'tog~~U1er vvit:h any accv.J,rrl
and unpaid interest. ':di11 be due and payable five years
from tl1e execut.ion of tbe l\o.!::e and De~ of rlll."Ust"
(see E..Y.hiliit 1:1\11 to )\9r\~ane.JJ,tt Pctragraph9 (a) "
2. Included wi thin tll'3 price will. be the conveyance of all dEcvelopi118l1t
riqht.!3r including plat approval and gToitJth ma,na.gernent
plan approvals.
3 ~ tI110. pric(= \lil1 include wat.er ri9hts a.ppLtrtendJrt -to the
prop9rty and ovmed by Seller.. The prop{.)se6 Purchase CLnd Sa,1e
Ag:CE:'Cs.llerrt Jo..a.s hsen referred to wate:c counsel for COlnment~
4" 'l'he jrnprovE;J,nents ontl1e property (t..he J:1crrolJc homes.teac and
outbuildi.ngs) are included in tl}e rJll:cchase price.
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Page Two
~1anbers of the City Council, City Manager, Planning DirectOr, City Engineer
April 21, 1983
5. Opal Marolt is retaining the right to ownership through
December 31, 1983, of the gro-win>l crops, including grass
and other grazing material and to hold a license to enter upon
'the property and remove the growing crops up to and including
December 31, 1983. .
,
6. The contract is expressly contingent upon the following;
a. Full compliance with U18 subdivision regulations of the
City of Aspe.'1 ninet:y (90) days after execution of U1e
contract and subdivision approval by the City, suc11 approval
to be in the sole discretion of the City, as purchaser.
b. The rt'solution of the Marolt lawsuit to the mlrtual sat.is-
faction of purchase.:r: and Seller (see Exbibit: HA", P?xagraph
9 (d)) fOJ:.ty-.five (45) day:,; after executioCi of dle conb:act.
'J11is itern i.rlas plB.ccd into the con:tra.c.t in t:..i18 h.OP.2 tl1fXt vie
will be &~J.e -to .sat.isfactorily rc:solv'e the assault being
made on the City's. employe." deed restrictions. AdditiorEllly,
mutual releases will be exchanged, releasing each oU1sr
iran liability for all cont:l:-oven3ies arising out of the
di.sputed sub::3.ivision plat approval unde:etak.en with
respect to tb.e. prop-'"2r"Ly during 1981 ana all J:Th3.tt.e.rs arising
therefrom.
<;:~ Seller: to b(~ relenscd fraD its obliqa"ti_o11S uri.dc:T the cu:c:rently
e.xist.ing cont::cact de:'s,cribed in Para~r:ca.ph 9 (e) of Exhibit !lAB
for the sale: of ,tl1e project to r-iooX'e-'r~qers an:! Associates
for an amount in excess of $4/000fOOO~
7. Qpa.l Marolt is reseJeving the exclusive right and. lice.\,se to
occupy 3 acres in t11e bomesteac1 for tbre8 years from the daJce
of the delive:cy of ale Deed to Purchaser. . (See Para.graph 9 (i) ).
Undert.0.is provisi.on and in return for w'ater ri.ghts to the
property, Opal I>larolt will pay no odler charges attendant to the
property except for ublity charges for gas and electricity.
The underlying assumption is d>a:t Op".l l13rolt will not pay any
property taxes on the property pw~sua"nt to her lioense. I am in
the process of negotiating additional la.nguage vlit..l1 respect to the
Of'"l 1.1arolt licenGe, such tbat Qpa.l will agree .to inde.:n,'lify
and hold the City harmless fro,n all liabUities arising ou.t of
acts of negligence on a,e part of Ule I'molts.
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Page Three
}'I.embers of the City Council, City Manager~ Planning Director, City Engineer
April 21, 1983
As yqu know, the City's interest in acquiring 25.5 acre parcel
was induced as a result of an offer to donate approximately 10 acres of
the Marolt ranch to the City. Correspondence making t.he offer from l-'arolt' s
attorney, Robert Joyce and my response via correspondence dated April 18,
1983, is also annexed for your information.
Please do no.c hesitate to call. sbould you have any questions or
concerns rE.>garding the proposed Purchase and Salei\greemauL
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Robert J Joyce
Lynn S. Jordan
Karen S. Burn
EXPRESS MAIL
Paul Tadune, Esquire
Ci ty Attorney
City of Aspen
130 South Galena Sty'eet
Aspen, Colorado 31611
Dear Paul:
~
Robert ]:jQl.'~e, P.e.
Attorneys & Counsei0:-s~a(Law
Denver National Bank PJa~a.
1125 Seventeenth Street, Suite 2160
Denver, Colorado 80202
(303) 534-6276
RECEIVED
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CiTY f,TTOR:;(:','"'$ C~(iC~
April 18, 1983
Enclosed please find hw copies of the most recent contract
from the Marolts. P'ir"ase call me after your review.
LSJ: cIt
Enclosures
5i ncere ly,
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Lynn 5. Jot^dan
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Th(' printed Iwrtiollll urcttix rorJl\.I,pru~'ed b)' tht'
('lIlal'ildo 1t.'.1 f-;litat~ CClfJUllilillilln (S(' 25.2.ri I)
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THIS IS A LEGAllHmUMENT. If NOT UNDERSTOOD, LE&.\~ II.!( DR OTHER COUNSEL SIlDULD!lt CDRSUlltO RHDRE SIGNlNC.
FARM AND RANCH
CONTRACT TO SUY AND SELL REAL ESTATE
(Remedies Include Specific Performance)
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April
,19 83
\,
L The undcrsig'ned ag(mt hereby acknowledges hnvingreceived from .t.b_~, .Ci ty of Aspen,
..withoJJt-..rigu.Lto ass i Qn the sum oL119.,.009,-00 ., in the form of cash or
certified funds tobeheldby Seller'; ~1T<)f""'€Y. IN €=l'ovJ ,
-broireT'.;n11rcrkt.:'!!.""t..'!;C'l.'tiw...m-rrn~~~<!&uYlr, as ear'neat m;olle~ and purt payment for the folJowinp: dt~s('riht'd. rep.1
estate in thl'-1-.CttY- .oL.A.sMll.____ County of c_ht.k.J.!!-_._, Colorado, to wit: A port 1 on ot tne
Marolt RatfclT'flib'exact' legal description for which will be prepared and attached,
;lareto within 90 days of the date of execution of this Agreement, which legal I
description will be mutually acceptable to the Purchaser and Seller and which I
shall confonn to the amended plat and subdivision map described in paragraph 9(c)
herein of Exhibit A attached hereto and incotporated herein by reference.
together with an easements and rights of way appurtenant the,reto, all improvements thel'eon and all fixtures of a
permanent nature currently on the premises except as he'reinufter provided, in their present condition, ordinary
wear and tear excepted, and hereinafter called'the Property,
2. Theundersigned1'O_n~T--.C.Uy nf AS.p.en.
tm;-jornt-tenan1:sltcTrnnt:.d7r't'o-mmont; hereinafter ca,lJed Purchaser, hereby agrees to buy the Property, and the
undersigned OVln(~r(s). hereinafter called Seller. hereby llgrecs to sell the Property upon the termJol und conditions
stated herein.
3. The (lurchase price shall be U.S. $.1,J.QQ,909_Jl9_, payable nM f"lIows: $..1 0.1.00.9-,.00. herehy ,.ccdptcd fo,.;
$2,090,000.00 payable as more particularly set forth in paragraph 9(a) of
Exh'j bit A attached hereto and i ncorpotated herei n by reference.
4. Price to include the followin~ personal property: In conj unct i on vii th the sa 1 e of the
property, the Sellers will convey all development tights including plat
approva 1 and Growth r;'anagement Pl an appl'ova 1 s or exempti ons rel ated to the
subdivision plat approval issued on or about September 8, 1981.
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5. Price to include the foliowingwater rights: Those appurtena.nt to the Property and owned by .1
Seller.
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"'req"h-ed-ltml:-lth""'e~1)1)1\Y' t-H ft +<l111'l-tMttt1;n..,..t'~n(Ji-t&'tl'}K~e(l$-- =.::"_,,:,..!:.=_~~..,::,::,:,$;_.":':'_~..:...~"~_,:,:.~_-:._~!tI'HI-{:drlTfl-i+lf.1.+-l'-e~+t.-I''(lk...
-not -to" eX'(.~e.d- .:::.=-_::...::'~-==,:-::.4'C"'Jtt.,"1"'1t111'U1")O;- J.f~.j.,e +Ott-fl.{(t i-,e tHlttt:Htt(~..JHtt'l1"">'(K4".j t+Mff-l1-J,..lt M)Wt'f'e4 k'ltH-i{,.~t'H....\'-tH'..nlJok....
..intx.,.e8t..,>ft~"""""'1"t-tt.nk~f"It'Y'tt'l'(~t-:t; -t.,.it'l-co",L><rtte'lw1l't oe01td1b-itHtt.."tI-1.'1.k'J1"I"PIH't"mt'tlet" N.....tMY-i-MR..tl+ltl.niH'H't,'+lt-i'f'lft:.4.4+ f'lW"l4~
-proV'M~:t."{f i-he-knde1'~'\'}n!t(.....l'i-i(t tt 4t'11.t'fHffi1'iN'M'i11 !t;rfol,. i1'I"'I'ertU-i1'ettf-thttl-t'\Htlrt'ttC:"t...iH- t'(:HWJ.t.t,j.t:H~~.tl"p.Ht ;,4HW-a"ti~ -t<WO("'r-
-(.'(Ifl$t"'ftt '"W't&hott ~~ttt1'l'Ke tn"~'he--tei""l">>:+'2H"d'O(~f'ldH:w)1"l H' ".f--t+tl'<:' li- kl'rtfl ~fttWf*U* ~t:!'t't' H}.-IH'ttY.~I",tJ.,
.8... 4~a- R&te .4.900~-l>>a(J.e..p.ft.y~i,J.le .w.~GJ~.ol... ~W.A.wW~!:. f.u;l4w.\.Y.R~.t,. ""Ww4.\U~clwl.li0. pv.i~ .tb.i... J;QJma.<;.t.b ~u.. UQ.t...
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J.Q._AIl;.ab~ac.t...ott.i4J.Q.L(,I.tJu:~~.opiJ.t'.t!o'...('..u1:..t.i..t:.itldJ;.u.d.ai.a,iJ1:.Acurl'ent commitment for title insul'un('e poli,'y ill un
6'Dn<IfcI~S'ql'jllolfl ~lfc\lfnl'n poit'et1fi~eller's.optio,,"..."d expellse, shall ue funlished t'( Pu....hasel. 011 <>1. hefore
A'qre~IIL . __,19_~, H.s'eae1:"'t.>-k"'(.'t$"tlfl..ftlM1'hth':nnd-t1t:1~tttS'tIt"ltft(,"e'tt'm'll1rti'1'lTL""fI't,,~('llet'will
aeHver the title insurance p{)licy toPul'chas.e'l' uflel' closing- and puy the pJ'emiunl tiwJ'eon.
11. The date of clo~ing shall be the dale (or deHvery of d,'ed us provided in pUl'll~ruph 12, The huuJ' und plm'c of
closing shall be as designated hy Se 11 er wj 1;!L.f'.\!rC.D-<!.~~r'.~L.9.PJ1r_Qvil,L__._.______..___.. .____ _.____. ..._.
12. Ti.tJe shaJJbc mel'chantaolc in Sellcr. except UN ~ttttt.'d in thi~ tHIt'u~l'uph 1.l..nd in paragTuph:-l 1:1 and )01. Huhjed
to payment or tender asahavc )H'ovided und compliance by PUI"('hus(!1' with the olhel' tenllS ulldpl"(IvisiUl1s ht!l~cuf.
s'tf1'llafi"ltrllffic''e'xel:'t1ti\sH'''(jfaffi'fg and sufficient __Qilll.era 1 _ wan.llty deed to PUI.cha.er 011
ACrreemeh t. ,19_. OJ', by mutual l'lg'reement, at an earlier d<lte.. conveying the Property fJ'et~ and
cTear of aU taxes. except the general taxes for the year of closing, and""t~~ _ . _______;
free and clear of an liens for special improvements in~talled as of the date of Purc}wser's signatun! hereoll, whether
assessed ornot; free and clear of all liens and encumbrances except those of record and approved by
Purchaser's attorney in writing prior to delivery of deed to purchaser;
excel1't'"'t'Ji1r'flll1t1.~"g;"'I'i:!!::lt.1'lcd'VccoveIlnlld wnic!1 du nOL C~'It..tHrMt-I'f1.>+l-t-""'ttI"1~jter:-t+lb~-e ~..r~'n:rcurd;
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and except the following specific J"eeordedand/or ~lpP8rent easements; those of record and the easement
described in the Legal Description allowing reasonable access to the portions of
the Rallch reserved pUl'suant to pal'agraph 9(i) of Exhibit A.
and subject to building and zOning regulntions.
13, Except as stnt-ed in paragrl.'l.phs 12 and 14, if title is not merchantable and written notice of defed(s) is f.,..;ven b}'
Purchaser or PurchaseJ"s ug'ent to Seller or Seller's agent on.or before, date of dosing, Seller:-;halJ lHW reasonable
effort to cor,'ect,ynid dcl\.'ct(Jol) }Jdur to dalL.! (If d/)~dng. H Sl!llcr isuonble to ('ont~('t ~Ilid fld(.!(,t(s) on (w hefort' d<tti.! of
,closing, at Seller's option und upon wl'itten notite to PUl'chui:wr orPLJJ'chasel"s Hj.{cnt on or before dl~t(. of dosing, the
date of closing shan be,extended t.hirty days foJ' the )Jurposcof col't'€cting l5nid dcfcci{};), Except u:-; staiL~d1n pllnt~raph
14, if title is not I"cndere,-! mcrcha:ltdJ/c aHpi'ovid(~djn thii"l purug'l'uph la, at I'U!'{;hHSer's option, thi:-; (:onlru("t till/dill('
void<<nd 'of nQ effect azle.! e~<:h party hel'eto shall be- released fnml ull obliJ.{ntiun:-l hereunder ,UHf nIl puynu:nt:. nntl
things oCvalue rec(dv~d hereunder shall be returned to Purchu:-ler.
14. Any encumbrance required to be pnid may be paid at the time df~ettlcJl'l!'nt from the prol.:cl~ds of this
transaction or from :my other source, Provided, however; at the option (If either party, if the total indebtedness
secured by liens on the Property exce~~ds the purchase price, tbi~ cOlltrad shull he void and uf no ,cf;(!ct .ind each party
hereto sha)J.be released from all obligations hereunder nnd all p<lyme~ts and thing-s of value i'l:ceived herevnder ~halJ
be returned to Purchuser.
15, Gener~l t.f~Xes fol" the year of dosin1{, hu~wd un th{! mOSll'N'ent It!vy und 1,11<.' mOHt rt!('(~l1t Ul'iH('XHnl(~llt, IH'epnid
rents, W!l,ter rents,l:wW€I' rents, J.....HA mOl'tgag-e insunwt'e premiums und interest on '~Il(..umonHl(,cs, ifuny, and
shall be apportioned to date of delivery of deed. Put"chaser shan be responsible for any sales 81'ld use tax that may
accrue because of this transaction.
16. With l'espe'ct.,to the growing-crops Seller and Purchaser agree as foHows: See pa'tagraph get )of
Exhib-it A.
1'1, Possession oflhe Property shall bc delivered to PUI.chaser 011 date of deli very of deed, S ubj ect
to the provisions of paragraph 9(i) of Exhibit A attached hereto and incorporated
.rrbj.ct-tot;rc-fuHo-wrn1t.j"'rn'G"l1f"t~nm1t"""~ herei n by reference.
-H-6c He1-fuHS"h.l"{~' i \"'e1tmt"f!'L'!l~OIT OM' t'm.W"+S1:e" he1"Crn''';qretrified ,-fretler-:rindi"tre ~ tt !7j-et"'t'-l:O "e'\"rcti on' ~rrtfstnrtHmii'rrb hriol"'
""B"d1rily-rentm "f.$--_~_.=- - -.... -,- --:" - -.... ~"~ tn'Jt1t-pxmg~to-n.flrdclMr"effi'dl'
18, The risk of loss from ,1Oy damage to the inlpl'ovements by fire or otlwr cusualty pI'ior to thl' dute of ('Josing-
shali'be on Seller; providj~d, hOW(WCf, thnt if Seller shaH maintain insurance on said impl"ovl'm()nt~ which will
compensate for t.he flllll"eplacement vf.llue thereof, nnd if PllT'ChUHt'I' eJeetli to CHI'I'Y out this contrllct despite such
dam~gc, PUJ'chllser shnll be entitled to n-U such insurance pl'oceeds, The ril:lk of loss for any damage to g-rowinsr crop!>,
by fife or other(~~~sualty, shall be burnt! by the party (!ntitled to said crops aH proyided in flllragt'uph 16,llnd such party
shull be entith!d to t.he insuruocc proce(!ds, if any,
----_.._.+-_.._--"~
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19. Tim(~ it~ of the CHKC,I1('C 1H.!I'ctJ'f. If any Ilote or dwd~ "':(~~Vt~d lIli (!lu.ncHllllOftC')' h(~f.(.tI111lt'I.IlI.ltll.V utlWI" I'"YIIWlll
due hereunder i~ not pnid. hotlnl'cd nt' llmdt.!t'cd when due, 01' if SillY uther oblil{HtiolJ IH.'l'eun(h~r i:-; Hot perfurmed lH
hel'cin p"ovided, LlwfcHhull he the foU<>willg t'(~mcdicH:
(a) IIi"SELLER IS IN DEF'AU J...:r, (1) PUl'clwscr mu)' elect to treHt thl:; contl'ad as terminated,ill whit.'!l c:mH'
all payments and thing::; of value l'eceived hcreundel' shJl.1l he returned to Purdluscr und PUl'chaser may rCC'(lVer
such damages l\S may Lc proper, OJ' (2) PUl'chuse1" may ekct to treat thi$ cuntract 01::; heing' in full fol't,t..' and cffCt:t
and Purchasel'shull htlve the dght to no nction for specific perfol'mance 01' dnmu/{cs,ol' hoth,
(b) IF PUHCHASEH IS IN DEFAULT, (I) Sdlel' muy (~le<:t to tl'~ut thi~ ,contl'uctus tel'llIinutL'd,in whkh ('UH/J
all payments nnd thing~of value l'L'ceived hereunder flhnll be fUf'f(}itcd and retained on hehulf of Selll'I' Hnd.sdl{~I'
may recover such dUITIAg'CS as muy be propel', (}l' (il Seller may tdt~ct to lI'cut this ('on tract n:; o(!ing in fulL fut'ce nud
effect nnd Seller Bhull have thl! f'ight tu un uctivn fOI' sJlecific pt'l"fj)I'ml1IW(~ oJ' dnnuq.rcl-I, OJ" both.
(c) Anything to the contrary heJ'cifl J1otwitlu;tnlldin~. in the event of any liJ,igxtioll nrisinv;: out of this
contract, the court muy uwurd 10 the prevuiling- pady nil rcu$ol1ablecol-ltH unll l!XpeIlH(', including- lIltc)I"neY:-l' ft.,cs,
20. PurchuHer and Seller fl/{I'ee thut, In the (!vent of any (:(lllll'C)VCI'~Y J'cgurdinl<t' LJH! (!Urnt!Ht IlHH)ll'\' held h.\' hl'tlk(~I',
unless mutual written inatructiol1 is received by hl'olw'J', broker Hhall nol be required to luke tiny udion but. 1I1l1Y uwuit
any proceeding. VI' o.t broker's option and discretion. may interplead uny moneys or thillg'~ of vuluc into l'ourt nnd muy
recover court cost~ und rcu:wnahle uttorne)'s' fe(!~"
21. Additional provisions: See attachment labeled Exhibi-t.A and incorporated herein b.>
reference.
22. If this proposal is accepted by Seller in writing and Purchaser l'(~ceives notice of such acceptance on or before
__ _May J,,--_. 19-B...1, this instrument shall become a conb-act between S!~llel' and Pur(:hl~$el' and shall
inure to the benefit of the heirs, succeSsors and assigns of such parties, except as stated in paragraph 8.
THE CITY Of ASPEN, a body corporate.
aniLfJ1lli ti c Broker
PUI'c1HU:I(~r nut(~
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"its duly authorized signator5!""
By:
....t'!.n'cllt..,rtr-
PUl"chascr'sAddress
(':i'he faUo,'/i;,g sediv!l tf~ he cc.mpl0ted by S;eUet" and Listing Agent)
23. Seller tlccepts t.he above proposal this __ day of __ . l!L_l....d.+ld.-s.g~'-eea
-lTJJY~,j-.rC'O'trrih'r<>S'j t.-rr 1,";[- '=-'7"_="::"':::_":'_~-=--::'_~_"::"._";'_ 'Kr&f ...J~.J.l e l"tH,<-,he.oe- t)f"i t'{~f(j:!,- j:,;'(S"""U~H- Hl- t.J,1~ ~ l-1"'H1(N~,t,HtR, and agrees t hat, in
the (~Vent of forfeitul'tl of pllyment:-; Hnd thingii of valtw J'e(.'eiv(~d ht.:reundel", :~llch payments and thingl'; nf value shall
Iwd1~N:red ''l("..t'''>'l't!~1'l {.i1"lM~lTf"(tkeI"'Mt(h~!-!-Joe>~ '\:Hl&-~l aU .t,HotU''tHt.(-tft fllki.A-!I.l-'~~<l'.fl"':~I.t" .....>>\.-l,.loI'*'.llo.l.w41.t 4~1J:J..!~}I...~0I.j.... >>,-4j,.lwJ..t~J,I.
-bID..~~~Be~~retained by Seller. There are no real estate brokers involved in thi
transaction. Seller repl'esents to Purchasers that the within-contem[llated sale is
MAROLT ASSOCIATES
. ~cllcr'
By..:-
St'ller
- SorIIl,'-'s<tl!tlrOl,'S
',By: By:
- t,!l;till!:ft1.nl<m,.,.-l'<tmrr"mn!-J;dttt.""",,
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*not. the subject of any operati ve rea Hor I s or real estate broker I s sales 1 is ti ng
and/or commission agreement. Seller agrees to indemnify the Purchasers against
the payment of any such cOllunission(s) or other costs (inCluding reasonable attorne 's
- .eesJ.::i n::connect ion.. with:::a:c1aimfor.::_stJch::CO!I~lIission(s}.from- a::rea:l=:es tate .broker
or sa 1 esperson. @..!1l
.
."......,.
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Exhi bi t 'A
9(a) $1,790,000.00 payable in cash or certified funds upon delivery of deed.
. For the balance of the purchase price, Pw'chaser shall execute its non-assumable
Promissory Note secured by a First Deed of Trustin favor of Seller in the principal
amount of $300,000.00 with interest at the rate of twelve percent (12%) per
annum. Said Note payable in quarterly Ilnnual interest only paym ents of $9,000.00
(interest in arrears); provided however that the entire principal balance together
with any accrued and unpaid interest shall be due and payable five years from
execution of said Note and Deed of Trust. Said Note and the indebtedness secured
by the Deed of Trust shall not be assumable by any individual, orga.nization or other
legal entity. Said Note and Deed of Trust shall be prepared by Seller's attorney
with the approval of Purchaser's attorney and shall be of the type typically used in
Colorado.
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9(b) With respect to growing crops including grasses and other grazing
material, the Purchaser and Seller agree that the Seller shall retain ownership
through Decem bel' 31, 1983 and shall hold 8. license to enter upon the Property and
remove such growing crops themselves or through agents and further that Seller
shall have the sole right to put animals upon the Property for grazing which
exclusive license shall expire December 31, 1983.
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9(c) Purchaser's performances under this Contract are expressly COI}!ll)~~\lt _~"'~ ~I:::
upon Seller's full compliance with the subdivision regulations of the City"'of Aspen',;,
within ninety (90) days after execution of this Contrs.ct. In the event Seller fails to
satbfy this condit.ion within the period set forth in this paragl"aprl, the Purchaser
shall be relieved from performanees required of it by this Contract and a.11 fnonies
hereby receipted fer returned fOl'th\,vith to Purchast.":l:'..
Sed) Refcl.'Cl!Ce is made to 8. certain l~wstlit currently pending in the District
<;:ourt for the County of Pitkin, Stv.tr: of Colorado, No. 81-CV-221, captioned as
Aspen Gr~wt~,- Manage!!.1ent, e! 1)11_ v. City of A_~[!en,.~La.!. That suit challenges on
various grotmds the existing finel plat isslled on or about September 8, 1981. The
performance of th" par.ties under this Contract is contingent upon the resolution of
that lawsuit to the mutual satIsfaction of the Purchaser and Seller. This
conting.ency shall e:zpire fo?ty~'five (4:5) days frorn. the date or execution of this
Contr-B.ct.
See) 'l'he parties acknowledge that t.he fv1e.folt Ranch has been previously
valued at ~;4 mHlion by the City for unrelated purposes nnd tilnt a contract
currently exists for the sale of the Ranch fot'&.'1 e.rrlount in excess of $4 million to
filfoore-I1-1Y81'S &: Associates., The sale contomplated herein is 8,cknoiNledged to be a
bargfJ.in sale by the parties, The Seller hereby covenants to comply with tilis
Contract and transfer the Property to the Purchs.sel' irrespective of tile lower
offering price and with the knowledge that it is engaged in u bargain sale.
9(0 At the time of delivery of deed to Purchaser, the parties will execute
and deliver mutual releases, j"eleasing each other from liability for all controversies
arising out of the disputed subdi vision plat approval undertaken with respect to the
PI'Orwi'ty during 1981 and all matters t!rising thel'efrom.
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9(g) The Seller's obligation to deliver. title to Purchaser, as contemplated
herein, is expressly contingent upon it being released from its obligations under that
certain contr8.ct described in S(e). In the event Seller is unuble to be released from
its obligations under said Contract, it will be relieved from its obligations under
this Contract and this Contract shall be null and void of no further effect at law or
equity.
9(h) The Purchaser shall, on or before thirty (30) days f~Qm <!,a~e of
execution of this Contract, provide Seller with a written reso:uti~aiiIy proposed
by Purchaser's governing body authorizing the purchase of the Property upon the
terms and conditions set forth herein and further authorizing the signatories hereto
to execute this Contract and all other documents necessary to 'effectuate the
transfer of title to. the Property to the Purchaser.
9(i) Notwithstanding all other provisions in this Contract and Exhibit A,
Opal Marolt shall have the exclusive right and license to .occupy the three acres
delineated on the Legal Description referenced on page one of this Contract until
Cl .three years from date of delivery of Deed to the Purchaser. This license is given to
v""""\N',.,;,;v,,.cOpal Marolt for the sole purpose of inducement of the Seller to enter into this
l ."D I' ~',. Contract and therefore during her period of occupancy, Opal Marolt shall pay only
t..~t'" ~7~C^'( utility chat'ges for gas and electricity used solGly by her and.no other charges.
'(,...'::. "
"' 9(j) Both Purchaser and Seller acknowledge that this Contract /lnd Exhibit A
are attached to that certain City of Aspen Ordinance No. 15 and that technical but
not substantive changes may be made to this Contt'act and Exhibit A at any time 01'
times prior to .closing by either party, with the approval of the other.
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CERTIFICATE OF MAILING
I hereby certify that on II/Aft , 19~ a true and
correct copy of the Notice of Public Hearing regarding ~~
~ jJt//)/61?A-P~;rv1lio~#>~fl-r
was deposited into the United States mails, postage prepaid, and addressed
to the following:
flv- tIJiUlIwI-
/JY~Lr~~
Martha Eichelberger .
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LIST OF ABUTTING PROPERTY OWNERS
- OPAL MAROLT PROPERTY -
City of Aspen
P.O. Box V
Aspen, CO 81612
The Villa of Aspen, Inc.
400 E. Main St.
Aspen, CO 81611
Barr, Ronald & Debra
Box 4384
Aspen, CO 81612
Vought, Peter
P.O. Box 568
Aspen, CO 81611
Bealmear, Eleanor Berger
Box 632
Aspen, CO 81612
Wachs, Edward H., Jr.
Box 405
Aspen, CO 81612
Depagter, Jacobiis A.
Box 182
Aspen, CO 81612
weinberg, Sidney E.
820 Ridge Rd.
Highland Pk., IL 60036
Eubank, Dale & Coates,
Neligh C.
720 E. Hyman Ave.
Aspen, CO 81611
Wright-Red
A Colorado
Box 9492
Aspen, CO
House Enterprises
General Partnership
81612
Fels, Jerry & Esther
3645 Valley Meadow Rd.
Sherman Oaks, CA 91404
Zasachy, Edw. A. & Cynthia
299 S. 7th St., BOX 562
Aspen, CO 81612
Gerbaz, James E.
301 S. 7th St.
Aspen, CO 81611
Castle Creek East Side
Head, Frederick F.
Box 4204
Aspen, CO 81611
Frederick Alderfer
Johnnie Mae Alderfer
P.O. Box 10880
Aspen, CO 81612
Crystal Palace Corporation
c/o F. Mead Metcalf
Box 32
Aspen, CO 81612
Bruce Nicolas Berger
P.O. BOX 482
Aspen, CO 81612
Neligh C. Coates
Dale Eubank
720 E. Hyman
Aspen, CO 81611
Pitkin County
c/o County Manager
506 E. Main St.
Aspen, CO 81611
Roberta P. Crenshaw
Caroline M. & Theodore G. Brown
1811 W. 35th St.
Austin, TX 78703
Holy Cross Electric Assn.
Attn: Edward Grange
P.O. Drawer 250
Glenwood Spgs., CO 81601
Skiff, Katie
920 W. Hallam St.
Aspen, CO 81611
Texas JT Venture (J.T.E.
Venture)
P.O. Box 11558
Ft. Worth, TX 76109
~~
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'G OFFiCIlt
~ / C:OUNTY p!..~~~\t
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~. 1:305. .'-~.-8HI11
~,lISl"EN. COLOR~,,, ~
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O-~''2N'iN.l Goff. .
_ t\ "" ANN\N
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Village of Aspen, Inc.
The M '1'\ Street I/l ,,-f-.
Mjo F ,\1 Y lAJ IJI
CO 81611
Aspen,
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