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HomeMy WebLinkAboutcoa.lu.sp.Marolt.1983AM M- 1 V� O� ` rolt SPA Amendment 1 1 MEMORANDUM TO: Aspen City Council FROM: Colette Penne, Planning Office RE: Marolt Property - Subdivision Exception and PA A7ZX t DATE: July 25, 1983 APPROVED AS TO FORM. 9� Since the complete memo explaining this project's bAckground, 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 zoning will remain R-15A, PUD/SPA. The segment of property occupied by Neil Beck is part of Parcel I in this subdivision, and since the 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. Planninq and Zoninq 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: to 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. The 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)." s CITY OF ASPEN 130 south galena street aspen, colorado 81611 303-925 -2020 MEMORANDUM DATE: July 7, 1983 TO: Wayne 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 { ,� 1I LICENSE AGREEMENT . FMe�� �f ONLY THIS AGREEMENT made this day of , 1983 by and between THE CITY OF ASPEN, a Municipal Corporation and Home Rule City, c� hereinafter referred to as "Licensor," and OPAL MAROLT, hereinafter referred to as "Licensee." WIT NESSETH WHEREAS, Licensor is the owner of certain real property situate in the County of Pitkin, Colorado, and which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"r and WHEREAS, Licensee desires to occupy, utilize and dwell upon the Property; and WHEREAS, Licensor acquired the Property with the explicite understanding and agreement that it would accommodate Licensee's wishes; and WHEREAS, Licensor therefore desires to grant a license to Licensee upon the terms and conditions hereinafter set forth. NOW THEREFORE, Licensor and Licensee for and in consideration of the mutual covenants contained herein and such other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, do agree as follows: 1. GRANT OF LICENSE: Licensor hereby grants to Licensee an exclusive, irrevocable license which grants to Licensee the right to occupy, reside upon, utilize in any manner reasonable 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. UTILITIES: Licensor shall provide to Licensee, at Licensor's sold cost and expense, water and sewer service. Costs and charges for 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 force and effect for a term of three (3) years from the date hereof. -1- 5. RECORDATION: The parties hereto acknowledge and agree that this license is to run with the land and during the term of the license shall be binding upon the successors and assigns of Licensor. Accordingly, upon execution this Agreement shall be duly recorded in the Office 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. INDEMNIFICATION: Licensee hereby indemnifies and holds Licensor harmless from and against any debt, obligation or liability relating to any damage or injury to any person or property arising from the use of the Property or as a result of any act or omission or other negligent conduct of Licensee. 7. INSURANCE: In furtherance of the indemnification set forth above, Licensee shall maintain during the term of this Agreement, in full force and effect, personal liability insurance in an amount not less than $300,000.00. 8. ENTIRE AGREEMENT: This Agreement contains the entire agreement of the parties and no representations, inducements, promises or agreements, oral or otherwise, shall be of any 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 forth below, or such other addresses as may be furnished to the other party from time to time. Licensor: A ttn: City of Aspen 130 South Galena Street Aspen, Colorado 816ll Licensee: Mrs. Opal Marolt Marolt Ranch P. O. Box 423 Aspen, Colorado 81611 10. ATTORNEYS' FEES: If either party shall bring an action against the other by reason of a breach of this Agreement, the prevailing party in such suit shall be entitled to its reasonable attorneys' fees and costs. 11. CONSTRUCTION; CHOICE OF VENUE: The terms of this Agreement shall be construed in accordance with the laws of the State of Colorado, and venue shall be proper in the County of Pitldn, Colorado. 6+C E IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: City Clerk STATE OF COLORADO ss. COUNTY OF PITKIN ) LICENSOR: THE CITY OF ASPEN, a Municipal Corporation and Home Rule City By: Mayor LICE NSEE: OPAL fAA ROLT The foregoing License Agreement was acknowledged before me this day of , 1983, by Witness my hand and official seal. My commission expires: Notary Public A ddr ess: -3 - STATE OF COL ORA DO ) ) 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: ze 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- 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: PROMISSORY NOTE $300,000.00 Aspen, Colorado July 4 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 HUNDREDTHOUSAND AND N0/100 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 payments 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 annum 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 Bolder 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, consummated, 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 instrument 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 Holder; 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. THUS NOTE MAY NOT BE PREPAID, NOR ANY PORTION OF PRINCIPAL REDUCED PRIOR TO JULY 1, 1988. -1- • IN WlTtWM WHEREOF, the undersigned Maker has executed this instrument on the date first above written. ATTEST: By: City Clerk STATE OF COLORADO CITY OF ASPEN a Municipal Corporation and Home Rule City By: M ayor 1 ss. COUNTY OF PITKIN ) 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: -2 - 0 • SCHEDULE DATE DUE PAYMENT October 1, 1983 $9,000.00 January 1, 1984 $9,000.00 April 1, 1984 $9,000.00 July 1, 1984 $9,000.00 October 1, 1984 $9,000.00 January 1, 1985 $9,000.00 April 1, 1985 $9,000.00 July 1, 1985 $9,000.00 October 1, 1985 $9,000.00 January 1, 1986 $9,000.00 April 1, 1986 $9,000.00 July 1, 1986 $9,000.00 October 1, 1986 $9,000.00 January 4 1987 $9,000.00 April 1, 1987 $9,000.00 July 1, 1987 $9,000.00 October 1, 1987 $9,000.00 January 4 1988 $9,000.00 April 1, 1988 $9,000.00 July 4 1988 $309,000.00 -3 - MEMORANDUM TO: Aspen City Council IEFb�l4i: Colette Penne, Planning Office RE:4 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 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 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 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 oot 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. Memo: Marolt,Property Page Two June 27, 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 City Engineering Department or be removed from the plat. 2. If the acquisition by the City 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-wjy be eliminated from the plat. 10 Memo: Marolt Property Page Three June 27, 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 develo-,:ment 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)." • 0 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:4�� 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 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 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. 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. Planninq 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. 9 • 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)." MEMORANDUM TO: Aspen City Council FROM: Colette Penne, Planning Office RE: Subdivision Exception and SPA Amendment for the Marolt Property DATE: July 11, 1983 APPROVED AS TO FORM:��_-.e top 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 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 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 '-hat 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. • Memo: Marolt Property Page Two U'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 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." Plannina 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. Plannina 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. 0 • Memo: Marolt Property Page Three July 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 eliirinate 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)." C LFi T Y AS-71,L"ENT 130 sovth ,.tleva street aspen, colorado 81611 303-925 -2020 MEMORANDUM DATE: June 1, 1983 TO: City Engineer City Manager Planning Directa.� FROM: Paul Taddune RE: Marolt Acquisition Fred Alderfer, telephone no. 925-481E, 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 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 zon 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 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 Memo: Marolt Property Page Two May 23, 1983 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 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 recomi:iendat;on :s 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 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 If Council concurs with the recommendations of the Planning and Zoning Commission regarding amendment of the SPA, the appropriate motion is: "I move to read Ordinance c�� , Series of 1983." "I move to approve Ordinance Series of 1983." 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 subdivision exception for the Marolt 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. 1 • • 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 Council concurs with the recommendation of the Planning Office and the Engineering Department, the appropriate motion is: I. 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. • 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 0 - 2 - 0 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 Cemetery Lane, Hallam, 7th Street area, it would be a simple matter to then dedicate the Thomas right-of-way". Planninq Office Review and 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 agree- ment 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. We recommend that you recommend to Council approval of subdivision exception for the Marolt Ranch. This re -subdivision 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. We recommend further that you recommend to Council approval of an amendment to the PUD/SPA plan in that the earlier approved development is no longer planned for construction and no development proposal currently exists on the newly formed parcels. Conditions recommended for these approvals 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. The Qlden Ro d_.alignment and Main Street right-of-way "�" -2 be e the plat afld r°et ine#-few passihl future roadway purposes. - - .a'�.•+• _ _ .....u.aW_u...w.. - wYr .w...—.. ..aYWid�i�sare.,-... �..... _ — _ COMMITMENT FOR TITLE INSURANCE r ISSUED BY Transamerica Title Insurance Company AMOUNT PREMIUM r OWNER $ 2,100 000. 00 $ 3,212.75 ROBERT JOYCE P.C. DIORTGAGF. $ $ 1125 17TH STREET, SUITE 2160 MORTGAGE CHARGES $ DENVER, COLORADO 80202 ADDITIONALCOST OF TAX CERTIFICATE $ 5.00 ATTN: LYNN JORDAN � SURVEY COSTS $ �' TOTALS $ Your Reference MAROLT/QTTY OF ASPEN CC's To: CITY OF ASPEN - JOHN MUSICK No. 7302268 C-2 Sheet 1 of _ 6 COMMITMENT TO INSURE Transamerica 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 mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the conditions and stipula- tions attached. Customer Contact: V . H . By V INCENT J . H IGENS Phone: 925-1766 AUTHORIZED SIGNATURE The effective date of this commitment is MAY 13 1983 at 7 : 00 A M. At which time fee title was vested in: MAROLT ASSOCIATES, A COLORADO GENERAL PARTNERSHIP, in fee simple SCHEDULE A 1. Policies to be issued: (A) Owners': THE CITY OF ASPEN, A MUNICIPAL CORPORATION AND HOME RULE. CITY (B) Mortgagee's: Form No. C-1t2.1 Rev. 7-1-81 SCHEDULE A —Continued 2. Covering the Land in the State of Colorado, County of PITKIN Described as: ALL OF THE MAROLT RANCH SUBDIVISION, acco to the 21 thereof recorded in Plat Book 12 at Page 1. Form No. C-112.2 t j SCHEDULE A —Continued REQUIREMENTS 3. The following 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 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 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 : 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 Pendens,Lipursuant to Rule of Civil Procedure 105 (f) by court determination, disclaimer by all parties, final judgement or C e of Dismissal issued by the Clerk of the Court, in Civil Action No. 82 CV 1 in the District Court of Pitkin County, Colorado, entitled Otis Associates, 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 determinationdisclaimer 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 Corp., 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 parties, 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 ----- Form No. C-1/2.1 SCHEDULE A —Continued REQUIREMENTS 1/ F. 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. 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. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or 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 found 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�SWla 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 rook 293 at Page 880. 10. Easement and right of way for the purpose of repairing, 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 instrument 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: Commencing at a point, said point being S 78001'33" E 1710.71 feet from the W14 corner of said Section 12, T10S, R85W of the 6TH P.M. ( a 1954 brass cap in place), thence S 02028'07" W 33.20 feet; thence S 17042'20" W 36.27 feet; thence S 06045'01" W 53.09 feet; thence S 02001'14" W 23.62 feet; thence S 05032'45" W 29.08 feet; thence S 040 44'53" W 40.11 feet; thence S 10048'37" W 33.96 feet; thence S 06045'16" W 36.05 feet; thence S 02024'47" W 36.10 feet; thence S 01042'41" E 29.46 feet; thence S 02014'16" 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 Wei corner of Sec. 12, T10S, R85W of the 6TH P.M. ----- CONTINUED ----- Form No. C-142.4 Rev. 4-18-75 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 Marolt, 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 centerline being more fully described as follows: Commencing at a point, said point being N 75010'26" W 841.55 feet from the rock witness corner for the South )z of Section 12 T10S, R85W of the 6TH P.M.; thence S 85030'30" W 169.71 feet; thence S 81022' W 95.14 feet; thence N 79605' W 146.38 feet; thence N 71004' W 4.50 feet; thence S 22021'30" 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.M. said 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, a municipal 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: Commencing 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 claims 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 easements all as shown on the recorded Plat of the subject property. Form No. C-142.5 i E • • Transamerica Title Insurance Company 1. 2. 3. 4. Arapahoe- Douglas 2000 Wost Ll111elon Boulevard ll"lo,on, Colerode 80120 13031 795.4000 Denver - Adams 1800 low.nee S1ree1 Denver, Colerode 80202 13031 629.4800 Boulder 1317 Spruce Street Boulder- Colorado 80302 1303) 443.7160 Eagle 108 South frontage Rood Box 1700 Vail. Colorado 81657 (303) 629.4956 El Pose IIB South Weber Street Colorado Springs, Colorado 80903 (303) 634.3731 Jefferson 1675 Carr Street Lakewood, Colorado 80213 (303) 231.2800 17 r Transamerica Title Services Latimer 131 West Moun loin Avonw Be. 1100 forl Collins, Colorado 60572 1303) 493.6464 Mew 531 Rood Avonw Grand Junclion, Colorado 81501 (303) 242.8234 ►itkin 601 C. HOPKINS 'f Aspen, Colorado 81611 1303) 925.1766 f uebio 627 North Main Street Puebla, Colorado 81003 (303) 543.OA51 Routh - Jackson 307 Lincoln Slroet Be, 773568 Steamboat Springs, Colerode 11477 (303) 879.1611 Weld 91S Tenth Street Gurley, Colorado 80631 1303) 352-2283 CONDITIONS AND STIPULATIONS Please read carefully 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. Only the policies shown are committed to. If there are any changes in the transaction, order an amendment from us. The date on this Commitment is important. Nothing after that date has been considered by us. This Commitment is good for 6 months only. Extensions should be ordered from us if they are needed. 'arm No. C-142.A Rev. 7-1-81 r. 0 0. P,-4 "5--5 - l I r- Y C--- PKW4=VVWW A" GAS= Majr WATWIP—a... ISOL-ft" THE UNITEDSTATES OF H :i�EEICA; Cerdfioate I=x 1122NN ............................. - - - - - ---- - --------------- . . . ........ had deposited in the Genwol IA^d op" of the United MW.)Sm of as "0 Zone .0 it appears that f"4 "ayment hae been made by Me *aid — ---------- a000ryUnj to the proviW~ of the ArA of 'P"ft-q Of the 214th of .4prg 18#0. entitled "J* JM maMW fit4her pew . vWom for 940 Mis of the PkUlo Lande,- and the vote thereto, for .0f aevordinj I to the QAOW I%* Of the &"VOY of the said Lands, rahm7sed to t" 61040ma AdWd offloo, AV, - ad Surveyor Gonend, which said Ipad hax been purchased by the . . . . .......... . . . ............................................................ -------- -- - — ----------- - ------ - ----- - - ---------------- --- XOW ZXMIYW Too That the United States of .4mm*wa, in oons"ieraggOn of as V?VV*j#ee" MW �,Ao y '0'4'4 the several dots Of CbnPws in such moo' made and provujod, Aw" jives and Panted, and by amm Ww"*& do two and pyLW unto as said �,60�� 0-.-L-J4 - r.(4, - - ------------------------------------------- to and so --------- � �e ------------ h4irg, the said Tract above descried: To Have and Hold go *am*, Mlether -Wftkau. the r'gUs- PPivUV", immure Um and appurtenances. of whatsoever nadir*, thopeuglo bolongjjq, "ato. the Azid -- -- — - ------------------- ------------------------------------------------------------------------------- and m. ..... - - J"irs and assip" forever, *&#.Ved to any vested and a0mlwd wafer rijkU for x&jxi*ff,. afri- MOXWdauring or other purposes, and p4hU to djj4je& and reservoirs umd im oonx#Wom With #W4, WAA*p 1-1— as may be r000fniz:sd and acknowkdfod by the koaJ mwhmm, kwo a" dedagons Of C101"Pts,end 11 also jubjed 10 the Pj4ht of U proprotor 0 f S v4ft or lode to extract aAd rwn,"# ;&4 ose i. "'MO be found to penetrate or intersect he promises hereby Mated, a* Provided by. law., za Testimony Imer"A A rau h"d Mused them 14"ops to b* "RU4 Patent, and the B&LI of the Gg"raj Land op" to be.. AWVUxW a, 'JA GIVOU "Wisr JInj/ hand, at the CUM of Wa*jUftIqox, the. a GENE day Of_ e! .......... ...... in the year Of Our lord On# tAotascaur atu • - $ FUZJXX Tl01 AND 010Z WwliT THE S OF AMEMICA 1 Certificate No.ld'f------_--------------- I*&lawhemmsMvveemrSMucome, caun2umt deposited ' the OenerYtl Land 01flM of the United States a Cer""6ate of the Rerisler of the Land Offloe at whereby it av *arz that ✓ryt�4� 1 Payment rias been wade by tie seed ----maubis►d f604 er pre. mwrdind to the provisions of the dot of Conjress of the 8 o d ,. f pril, 18lt), entitled do 1a! .siMS for the sale of the Puhlto Lands,,' and the acts supAlomentai `7 I axording to the Offlcial Plat of the Survey of the said Lands, returned to the General Land O,f oe by the Scraeyor Oenaral, which, said T1rad ha /�rtc�rhased b the aa:d____ i f- - now KnWW ?9, ?'scat the United States of .Rme-riea, in oonsiderati'on of the premises, and in emyormtly W44 the several .Rots of Congress in such ease ma#o and provided nave liven, and jrctinted, and by these pr"w"S do (ive Irani unto the said_ LO and to --- Zo --heirs, the said pact above described: To Have and to Hold 14a same to ether with all Privilwles, immunities a appurtenaners, o whatsoever, nature therounto b to f . rariasf, unto the said _� egad to_.- - ------.heirs and assigns forever; sulljed to any vested and aoorued water rights for rnixingr, agri• c4lhr'r'1, ma ufaaturing or other purposes, artd rights to ditches and reservoirs used ire e04MOOU n Wkk s"oh vater rights as may be recognized and acknowWgrod by the looal mitoms, laws and decisions of CVurts, and I also sub"`Ot right of the proprietor of a vein or lode to extract and remove his ore Morefrons, should Ih* *7"'" be A,,nd to peneirate or intersect tJ;e premises hyr eby g ranted, o4 provided by law. !� , t L. ]WARMTST OF TIM IirTERi0d' Y, ..,r.�.• °fir .G f!,t..t. L44r4.�� k 1 GEN-RAL 1"U"D �Y certl �'serhtn�toa lw;s! 8•I928 � .s �..;:•:�. ,f:x.. tf n•:rrryi�i .-�_ . i �., i�-that the enndxefl QoaP.�ut��ti la a.t:; 8tu: 11t8ral.up �G+p ltbs.tsp a --. W $ltq �••• Jf(. '1L 1.. 6 �'p"y�yq!r+��yR--r •u.^.C.... a.�.T-a..eR �- -`. a F .�... . •_ __."�^C..�w-+.*R+..,:a�ww�..�...:. �.. _-. ....._.-__,..� .i. -e .w-r m-v1T'w1�A,�n.c+r...+n.�'ws.... _... .. - . .. �r ELDORADO ENGINEERING P. 0. Box 669 823 Blake Avenu GLENWOOD SPRINGS, COLORADO 81601 (303) 945-8596 TO C, 11T>> ) . i,?!l c-,% Li D Ems. LAC ) LIETTIEW F VMaRnE oT-UAL DATE JOB NO. A TTEN TIGj�N Spe RE WE ARE SENDING YOU Attached i , Under separate cover via -the following items: Shop drawings ❑ Prints Plans i-1 Samples Specifications Copy of letter ❑ Change order COPIES DATE NO- n DESCRIPTION THESE ARE TRANSMITTED as checked below: ❑ For approval � or your use ><-,As requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections 19 ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints PRINTS RETURNED AFTER LOAN TO US COPY TO PRODUCT 240 2 IvEijs 7 Im cmtm M4 01450 SIGNED: If enclosures are not as noted, kindly notif at once. LiEt�� LEGAL DESCRIPTION: Parcel I A tract of land situate in Lots 9, 10, 13, SW 1/4 SW 1/4 Section CD 12, T10S, R85W, 6th P.M. and Lot 5 and NW 1/4 NW 1/4 Section 13, LO T10S, R85W, 6th P.M. described as follows: to Beginning at a point, in the center line of Castle Creek (the SW °) cor. Lot 2 Adams Subdivision), 0 CO thence N 14' 40' E 149.97 feet to corner #13 Holden Tract, Cr O o thence N 140 35' W 172.00 feet to corner #14 Holden Tract, w �- o thence N 37' 50' W 314.72 feet to corner #1 Holden Tract, being identical CO Q p CCwith corner #4 North Texas Mill Site MS #3288, z o o thence N 540 45' W 84.00 feet to the center line of Castle Creek, p U WC6thence N 26' 00' W 94.00 feet along the center line of Castle Creek, F- z CO cc a thence N 280 10' E 294.00 feet along the center line of Castle Creek, W 0) M o thence N 20° 05' E 115.40 feet along the center line of Castle Creek, 0 to the south right-of-way line of Colorado Highway No. 82, z w thence N 75' 08' W 360.26 feet along the south right -off' -way line of F5 c) Colorado Highway No. 82, z � thence 63.52 feet along the arc of a curve to the left (radius of 905.00 z CO feet chord bears N 77' 08' 38" W 63.51 feet), x O z o thence S 10' 51' W 90.71 feet, a thence S 21' 47' W 282.37 feet, w z z thence S 25' 28' W 455.83 feet, Q w a. > 2 w thence S 87' 36' 26" E 355.89 feet, O Y U c� m thence S 20' 28' 00" E 271.50 feet, EE M W CO thence 168.07 feet along the arc of a non -tangent curve to the left L (radius 155.32 feet chord bears S 61' 26' 00" W 159.99 feet), z thence S 30' 26' 00" W 641.19 feet, W o thence S 01' 57' 00" W 515.00 feet, Q o thence S 060 42' E 308.07 feet, J u thence N 900 00' W 9.11 feet, thence S 33' 00' E 61.65 feet, thence N 686 35' E 280.15 feet to the line 1-2Short Lime MS #4610, thence N 16° 00' W 44.62 feet along line 1-2 to corner No. 1 Short Lime MS #4610, thence N 74* 00' E 236.35 feet along line 1-4 of Short Lime MS #4610, thence N 90' 00' W 74.04 feet, thence N 19° 12' E 117.32 feet, thence N 42' 30' W 329.09 feet, thence N 020 43' W 221.35 feet, thence N 160 44' E 139.78 feet, thence S 70° 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: 1.1 120 33' 29" W 154.72 feet, thence N 43' 00' E 80.00 feet, thence N 85' 30' E 83.00 feet, thence N 850 00' E 150.00 feet, thence S 68' 00' E 80.00 feet, thence S 77' 00' E 110.00 feet, thence N 81' 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. CO M O } U Ir D CO 0 z J 0 U M w CO 0 U w U z 0 z U 0 z J D CO z 0 0 } z 0 U _z U U z 0 z U O 0 rr O 0 J U `Vyy_Ji O) LO U) C) 0 cM a. uLI D z U w Y J M C'J CV CO LEGAL DESCRIPTION - Lease Holders Parcel A tract of land situate in Lots 9, 10, 13 SW 1/4 SW 1/4, Section 12, T10S, R85W, 6th P.M. and Lot 5 and NW 1/4 NW 1/4, Section 13, T10S, R85W, 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 30' 26' 00" 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 00' 00" and subtending a chord bearing N 610 26' 00" E 159.99 feet; thence along a non -tangent bearing N 200 28' 00" W 271.50 feet; thence N 870 36' 26" W 355.89 feet; thence S 25° 28' 00" W 200.00 feet to the point of beginning, containing 3.00 acres more or less. LEGAL DESCRIPTION - Parcel II A tract of land situate in Lot 9, 10, 13, SW 1/4 SW 1/4, Section 12, T10S, R85W, 6th P.M. and Lot 5 and NW 1/4 NW 1/4. Section 13, T10S, R85W, 6th P.M. described as follows: Wz. Beginning at a point whence the southwest corner of Lot 2 Adams Sub- LLJ W 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 25o 28' 00" z W a distance of 60.00 feet; thence S 180 14' 00" W a distance of 1107.77 feet; thence S 40' 00' 00" E a distance of 114.98 feet; thence S 53' z ° 34' 00" E a distance of 124.61 feet; thence N 810 56' 00" E a distance o of 254.45 feet; thence N 010 57' 00" E a distance of 515.00 feet; 7 thence N 300 26' 00" E a distance of 596.19 feet; thence N 61' 20' 37" o W a distance of 425.30 feet to the point of beginning, containing 10.10 acres more or less. OFFICES: GLENWOOD SPRINGS 9 RIFLE 0 DURANGO 0 MEMORANDUM TO: Colette Penne, Planning Office FROM: Jay Hammond, City Engineering .A 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: 1. 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. JH/co •f Robert J. Joyce, P.C. Attorneys & Counselors at Law Denver National Bank Plaza Robert J. Joyce 1125 Seventeenth Street, Suite 2160 Lynn S. Jordan Denver, Colorado 80202 Karen S. Burn (303) 534-6276 ASrL��r�i�C OFF'�,n May 4, 1983 Aspen/Pitkin County Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: The Resubdivision of the Marolt Property ATTN: Collette Penne, Planner Dear Ms. Penne: 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 and Zoning. Conceptual review will be before the Planning and Zoning Board and 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 and thereafter the Marolts offered to donate to the City approximately 10.10 acres. This particular parcel is delineated as parcel III on the legal description attached to this letter and 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 and on the attached legal description as Parcels I and II. Upon delivery of deed to all of the acreage composing what has been commonly known as the Marolt Ranch, the City as licensor and 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 on 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 and egress, furnished water and sewer 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, etc., and further will carry a public liability 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, Ly S. Jordan Duly Authorized k/ttorney at Law for Marolt Associates LSJ:clt Enclosure cc: Mrs. Opal Marolt Ms. Vicki M. Buchanan Mr. Keith Marolt Ms. Peggy Marolt Eldridge Ms. Judy Marolt E • 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 Published in the Aspen Times on April 28, 1983. City of Aspen account. Aspen/Pitkin Planning Office 130 south galena street aspen, colorado 81611 April 27, 1983 Lynn Jordan Robert Joyce 1125 17th Street, Suite 2160 Denver, Colorado 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 shown 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 Agreement 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. 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 • • • MINIMM TO: Nali)P-rs of the City Council City Manager / Plaruzi ng Director V City Engineer FlUi: City Attorney RE: Marolt P,anch Acquisition; Proposed Purchase,and Sale Agreement DATE: April 21, 1983 Annexed for your review and carnent please find a r(--,rised Purchase and Sale Agreement in connccti.on with the Maroltt Ranch Open Space Acquisition. This revised Purchas,� ar.l Sale Agreement will be approved as Exhibit "A" of Ordinance No. 15 on seound reading. As you wi71 not o, the Friel ,used Purchase acid Sale Agrc ae icj it contains the follc�aicig cicync-qitc : 1. Pasha- se price of $2.1 million dollars payable as follcws. a. $10, 000 i-)ayzble uirn the exc cation of the contract, to be held by Sellers attorney hi escrow Pend-i.ny closing. b. $1, 790, 000 p ayble in cash or cc-r. ti_i'i.c�cl funds u;Don delivery of. de;�d . c.:,ecar.e�i LY fa_rst D' -d of Tiu:;t .in favor of Seller in tta:� p�inci.;;�:I_ rrOunt of $300,000 with interest at the rate of 12% por annum. The note will be paid in quarterly zi uival :interest payrnerrL-s only of. $9, 000 and the. entire principal b11aTace to<3ether aviflz any accrued and unp;;id interrest. will ba due and payable five years frcrn the EKcecut'.on of the Note alb Deed of Trust. (SC3 I'y:)IZbit "2)0' to Agre,.lm nt, Paragraph 9 (a) . 2. Included withirl the price will be the C'O'Y,reyMce of all dc—,7elo1 neat rights, incluczing plat approval and growth manag(�alt-ent plan approvals. 3. 111c price will include water rights appurtenant to the al'Id oon-i.:d k:y Seller. The Purchase and Sale Ac re' : lE rlt he s I., -- an referre" d to water_ counSel for Gl7'.lIl't:Oi1t. 4. The improvarcnts on the propor_ t y (- he airolt 1, rresteac and outbuildings) are included in the purchase price. Page Two Members of the City Council, City Mw-oger, Planning Director, City Engineer April 21, 1983 5. Opal Marolt is retaining the right to ownership through December 31, 1983, of the growing 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 ccxmpl.iance with the subdivision regulations of the City of Pxpen ninety (90) days af..ter execution of the contract Lrd subdivision approval by the City, such approval to be in the sole discretion of the City, as purchaser. b. The resolution of. the? Marolt lawsuit to the mutual sat.i_s- facti.on of P'ar_cha,,Ier mid Seller (see F; :liibi'.: "A", Paragraph 9 (d)) fo_.t:y-.five (45) days after executi_c'n of ijI.e cont.;_act. '17Iis J_tcicl G'dc plhcc 3 i.nto tie contract i ri the none -Hat we will b� :.blE to satisfactorily rr.'—solve tlic assault bezr_g made on tie CI.ty's employee deed restrictions. Aclditioivally, mutu�•.1 releases will be exchanges, releasing each other from liability for all controversies arising out of the disputed su+bdi.vision plat approval unr.3crt. ,-ken wi.th resp,cct to th.c prop:x-Ly during 1�'Ol and all matt.c rs arising therefrom. c. Sallcr to bn :its cb? c;ati.ons urr.;:x the currently e,xi.sLinCJi er:�;:v_ hc� d in Par Ee, rapli 9 (e) of iI,:hibit "All for the Cale. of tho project to trace-My:rs aid Associates for an amount in excess of $4,000,000. 7. Opal Marolt i_s reserving the exclusive right aifd license to occupy 3 acres in the for tires years f_rcm the date of the delivery of the i_:, cd to Purc}i-,s-er.. (. ceo Paragraph 9 (i) ) . Under this prcn=isi.on and in return for wa L.er. rights to the proporty, Opal btarolt will pay no oilier charges attendant to the pro;.arty except for utility c1harges for gas and electricity. The underlying ass- mption is that Opal AZa_rolt will not pay any property taxes on the prol�rty pursuant to her license. I am in the process of negotiating additional language with resp-cct to the Opal Marolt l i ccin;:>e, such that Opal will c;grec to i_ndcmiify and hold the City harrr_less from all 1i. 1hi_l.i_tie:, zir_ising out of acts of negliigcnce on the part of ttr2 Marolts. Page Three Members of the City Council, City Manager, Planning Director, City Engineer April 21, 1983 As you 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 the offErr from Marolt's attorney, Iobert Joyce and my response via correspondence dated April 18, 1983, is also annexed for your information. Please do not hesitate to ea] l should you have any cpesticans or concerns regarding tl �^ p,. c)posed pa chase and Sale AgrEx n w-nt . Robert J. Joyce Lynn S. Jordan Karen S. Burn A EXPRESS MAIL Paul Tadune, Esquire City Attorney City of Aspen 130 South Galena Street Aspen, Colorado 81611 Dear Paul: Robert j. joyce, P.C. Attorneys & Counselurr at Law Denver National Bank Plaza 1125 Seventeenth Street, Suite 2160 Denver, Colorado 80202 (303)534-6276 April 18, 1983 RECEIVED • r Z I CITY 11 Tjkld(W.11 Enclosed ;Tease find tvm copies of the rimst recant contract from the Mal-olts. Please call me after your rcv-iev.. Sincerely, Lynn S. Jordan LSJ:clt Enclosuros The printed portion%oflhia form approved by the (Colorado Real Fatale 1•ommi—inn iS(' 25-2-MI I THIS IS A LEGAL INSTRUMENT. If NOT UNDERSTOOD, LEGAL, TAIL OR OTHER COUNSEL SHOULD BE CONSULTED WORE SIONING. FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE (Remedies Include Specific Performance) April ,ls 83 1. The undersigned agent hereby acknowledges having received from the City of Aspen, _ -withaut—right to assign the sum of $1 Q ,oOO. QO , in the form of cash or certified funds to be held by Sel 1 er , �n�� -N>� N _,zJ_, �roieer,-in'Ur6kt�f'�l-tit'I'a�1rOt^LTpgt2E7lt'cR�DT1L, aR earnest money and part payment for the following dt•scribet1 refll estate in th G1 .ii A� _ County (,f_Pi tki n Colorado, to wit: A portion of tfle Mar t VIA-1r%Ycn `iti�6xac legal description for which will be prepared and attached aereto within 90 days of the date of execution of this Agreement, which legal description will be mutually acceptable to the Purchaser and Seller and which shall conform to the amended plat and subdivision map described in paragraph 9(c)! herein of Exhibit A attached hereto and incorporated herein by reference. together with all easements and rights of way appurtenant thereto, all improvements thereon and all fixtures of a permanent nature currently on the premises except as hereinafter provided, in their present condition, ordinary wear and tear excepted, and hereinafter called the Property. 2. The undersigne(fiverson(s} _.C_ity_of-ASperL _ tas-jx)h -tenarrtsttmTwrtsTrrtommonr hereinafter culled Purchaser, hereby agrees to buy the Property, and the undersigned owner(s), hereinafter called Seller, hereby agrees to sell the Property upon the terms and conditions stated herein. 8. The purchase price shall be U.S. OOiQOO. OO , payable ns follows:_ 1 O,000_ OO hereby receipLed for; $2,090,000.00 payable as more particularly set forth in paragraph 9(a) of Exhibit A attached hereto and incorporated herein by reference. 4. Price to include the following personal property: In conjunction with the sale of the property, the Sellers will convey all development rights including plat approval and Growth Management Plan approvals or exemptions related to the subdivision plat approval issued on or about September 8, 1981. to-brcnr:•vc:,;ed•by'!�;-il-v!'s:,�le�ihtittravPrlasingilTt�IL7h'"I!12�St�'trt'ebiii:fti:i:i;'iftlT:"Lifitl'C%3aT Gf"I!-11'15eisonaT)iropi%i�ty�.7i�e`s, -lip Ire �.ncr cr::�mr{rt'urrc� �; r. xreTTC. •u�xl-c•xeefl't-mr�-pc-rsvn•atrr6Tmrh�ker7s�n-tm9-incumbi-.r7tcespet�'PtL*tI"i�"fs.rr��rtt�t�--I�-�rt�-r�rr�an�,rftsrt�l���'s Si't1" -per nrisncnt-r>*et errs-irre a xrl txh•ri-frmrr this Nair: b. Price to include the following water rights: Those appurtenant to the Property and owned by Seller. G� l fi►.tH►w-lHu�a i(:t�+lw et►t.�ri+��ri-Ly-It(rrrltili:r r f-av+nrfrl�#rtrel-Tnrrly,' i•'n rch•e�er-;ryer•e't��to rrorrrtrtiy-rnnf-lti N fic�Mi'y"tA?' t►hl'NLS�t'a � t+e►ol+-1 d:uti N>� �ea e(.kKr tt l4 dl+lk�nKYlb:rerlrl-f+lT n ia#r �n+l -i rt(rr mn ti n rr n mi• dl>t�nmm� t�r-rt•xl o rt•e rfi b�^ tlTz�tr. n trc�1;'rtmt' (ul-{I.++u t lu�wwiraa>i:H ;Y{•u>;t« eL�>bs.ia�+�y+e+ar4� l�,aM r NnYri F;xre•!�-ilxtrri a nMr•(rirrrmreKl rn er Irei�rtr_.._"•..-.- -.--: �__^_ ; ISl �..,.,ala >.feY L FI NJ:aW w1LUZ.I l► HYi-e K'A Fi lllri H N 1-Le Mlle A L^Ni es:H hK � FT M CMTU1' lK`t-�Fe R H' I7C RtTI�-t11T[ l"PT)rd' lre7tl'el'I I'fTir�?YTl'Tlf S'![171�" t la LJl{tL !i �v1+J MY� L'1i�' Y K'H a I� w+eai as al(st�l;�l H N 1+r 1•nt.tl r Ftw I -el+ 4 4it rI tteR a rr No. SC 25-I-81. 1'onlrart to llul and Hell Real h:.lale lFum Ilanrhl -- lttad6n•11 Piddl.hlult lb.IMV. N' fill, Avo., Mn: 11 133-6Uuu 6 NI "7r }Ftt sate-nttti tt•t+rteiet-ct-m-merit+t�t�in-le•{n-tt5sermeet,-l+�►rrFntreKn�ex•toAprly-{xrlit {xcHrtivnt+H�,bi«tt if -reelnireef +ee+cl erf,^tetrrtte 1,�►rH4n k,xn�nnrsfcz ftw-n�Mterrme•rrifY. _. -ttvt to rxce• rci• _ - - -_ `. -_ _ --' =-" _'�� .� - x ' --" -.--= --.- IFIH Kid )••!ii}-Ifi blN'H S4(^r'M It, — - i�ltc`t'fmttte hr. H•-t»r 4,,, r-{n 4te n,ttcthtl4.d4te+n t+r�+titi tit+nx4er intea xlrret rrJ rrttril wxr�wtt ie►!,{.. r•"sLrttMt,�otvreria{+k-thrv++tent•:t;thn.re+rrtrer4-ixrntKlibieNxYlthx,r•l+�krFr+tt+rrrt•+4ewi•nt ntrdrrkvewbirrxl.►«µ(-It prorinitmn.-Ifbhc Mnelesr mvnst•;rtlett it»trt,rnnrrmrf:iesrrin•re•rta•irrcF�{hin�wet(.exrtaxrt»►�1+bi,rne•dar1,,,„H►e(� yak«µe.{r -cronxKttwiM►odbrir(rrr}rr»rrs{tr�rrmrtettei.r,t+,{i6ie,nMnf-twvIt{+xenrret.frba,►l►rnritr ptw�klte4. .el.�t wtrtrirtoLr�»tKle-i,u 'Jr- [All 1_{utyAuwtnfLIW4wv hw4},�icu,lt�i�cwi2�:utauutluuL •1zer►,;wig•HabJt► by.1•'n ►tisl+u txaa•.�w 17uw1 w+it t.t>ax� u watt uf•.tiuller �: �.• 4�urit..c,t W H)L s`p{u•a K a 1.4'Y F IYa ri � u L'�?IJa:W:.iY L Y Y W.a rl1ULl.irlt.kl' Lla, Z: V iLtK.►1+ a ll I+u. µai cl L;c .1Q-Ap +►btt+:tet otUju.Latlus.l�opw tyc,l'u, e;r:tuLIvAW"ar:Acurrent cormnitment for title insurance policy in un �iln`t�J�g0if� E!tS';b`h Pf+��e.ttleller's u},titaauud expense, shall be furnished to Purchaser sin or before A freemen — --, l y--_-. Ff fir }itti-t•it-c !s br,-f n,yrt a}r ntt i} ti Nr »rsv rxrx a eem mi t rrrtr>t,-{;e I l e r w i l l ddeliver the title insurance policy to Purchaser utter closing and pay the premium thereon. 11. The date of closing shall he the date fur delivery of deed Is provided in pro ugrxph 12. The lu,ur and place of closing shall be as designated by Seller with Purchaser's - -PP - d l roya- -------- -- - _- 12. Title shall be merchantable in Seller, except its slated in this paragraph and in p,u ugnephn la and 14. Subject to payment or tender as above provided and compliance by I'urehuser with the Other terms and provisi,nrs hereof. and sufficient __general warranty deed to Purchaser on Agreement—, 19 , or, by mutual agreement, at an earlier date, conveying the Property free and clear of all taxes, except the general taxes for the year of closing, andexec-pb free and clear of all liens for special improvements installed its of the date of Purchaser's signature hereon, whether assessed or not; free and clear of all liens and encu►nbrances except those of record and approved by Purchaser's attorney in writing prior to delivery of deed to purchaser; X ti t'C"C e r r,LSVII let, 'M. -rrZ•c r er:— - -eZ-Y'ii i and except the following specific recorded and/or- apparent easements: those' of record and the easement described in the Legal POscriptioi7 allowil'rg reasunable access to the portions of the Ranch reserved pursuant to paragraph 9(i) of Exhibit A. - and subject to building and zoning regulations. 13. Except as stated in paragraphs 12 and 14, if title is not merchantable and written notice of (iefec•t(s) is 1,-iven by Purchaser or Purchaser's agent to Seller or Seller's agent on -or effort to correct snicl defect(a) pbefore date of "losingshah use Seller shause rcasonal+le t•ior to (lute of closing, if Seller is unable to carte( t said delrct(sl sin or before (h,te of closing, at Seller's option and upon written notice to Purchaser or- Purchaser's agent on or before (jute of closing, the (jute of closing shall be extended thirty days for the purpose of correcting said clefect(s). Lxc•ept as stated in par,tg+•aph 14, if title is not rendered merchant,ble as provided in this paragraph 1:3,,et 1'urc•haser's option, this contract shall be void and of no effect and each p,irty hereto shall be released from ull Obligations hereunder and all puyuurnts and things of value received hereunder shall be returnee! to Purchaser. 14. Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this transaction or from any other source. Provided, however, at the option of either party, if the total indebtedness secured by liens on the Property exceeds the purchase price, this contract shall be void ,aid of no effect and etch party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. lb. General taxes for the year of cloning, based on the most r•ec•ent levy and the most recent assessment, prepaid rents, water rents, sewer rents, FHA u,ortgnge insurance premiums and interest o» encuu,brecuces, if any, and shall be apportioned to date of delivery of deed. Purchaser shall be responsible for any sales arld use tax that may accrue because of this transaction. 16. With tot he growing crops Seller and I'll rchaser agree as Exhibit A. follows: See paragraph 9 (.b ) of 0. Possession of the Property shall be delivered to Purchaser on date of delivery of deed, subject :o the provisions of paragraph 9(i) of Exhibit A attached hereto and incorporated ral�rct�uthefi'ties°mRfezrxerrm-tertmtt•trs- herein by reference. Ii 5eltri-fniish*tkiivrrTrmRVA4ierrorrtht-ejut e.hrrrit eref,:; r-sl,rcif it eF,-Heiirrsirai{•tre ; n bjrct•ir a sirti orr rc rtd• tfhrlM►eimt� h.-'fnr IyrentYt{eFIF--- __tintyF atm 'M41reh-1irererlr 18. The risk of loss from any damage to the improvements by fire or other casualty prior to the date of closing thall'be on Seller; provided, however, that if Seller shall maintain insurance on said improvem !Ompensate for the full replacelltent value thereof, and if Purch aser elects to carry nents which will ut thisOven contract despite such lamerge, Purchaser shall be entitled to all such insurance proceeds. The risk of loss for silly damage to growing crops, +y fire or other casualty, shall be borne by the party entitled to said crops as provided in paragraph 10, and such party hall be entitled to the insurance proceeds, if uny. 19. Time is oft I ic essenee hereof. I f uny note ur t heck rest jved ux varnext III ,ney Ilert•irrlIt- r ur It otI payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not perforlut.d as herein provided, there shall he the following remedies: (a) IF SELLER 1S IN DEFAU UP, (1) Purchaser may elect to treat this contract as terminated, in which erase all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover such damages its may be proper, or (2) Purchaser may elect to treat this contract as being in full force and effect and Purchaser shall have the right to till action for specific performance or dtunnges, ur• both. (b) IF PURCHASER IS IN DEFAULT, (1) Seller may elect to treat this contract as terminated, in which case all payments and things of value received hereunder shall be forfeited and retained on behalf* of Seller and Seller may recover such damages as may be proper, or (2) Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to an action for xpecific performance or damages, or both. (c) Anything to tilt• contrary herein notwithstanding, in the event of tiny litigxtiun arising out of this contract, the court cony award to the prevailing party all reasonable c•oxtx and expense, including attorneys' fees. 20. Purchaser and Seller agree that, in the event of any controversy regarding tilt. earnest money hold by broker, unless mutual written instruction is received by broker, broker shall not be retluired to take silly action but 11111Y await any proceeding, or at broker:y option and dkeretion, may interplead any moneys or things of value into court and may recover court costs and reasonable attorneys' fees. 21. Additional provisions: See attachment labeled Exhibit A and incorporated herein b� reference. ---- 22. If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before 'lay 2— , 19_B3_ , this instrument shall become a contract between Seller and Purchaser 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 an-d_p 1jti_c__ Broker Purchaser Uatt• ---- �! rvCRff tr — By: its duly authorized signatory Purchaser's Address (The falloff; ink section to he com-1)1 ted by Seller and Liming At;c•1;!) 23. Seller accepts the above proposal this _ day of - -tcrp rg irceymsxrsic,►rof-=__--_- -_ girvfiFtrpaeKaeeue yrie� f.+rt;t-rw+tcs+tt 6h;s tavittaaec2•it,r;, and agrees that, in the event of forfeiture of payments and things of value received ht',reunder, such payments and things of value shall he d•t Y KIY' f1 tt rl•9t•c t• M 'li A Ft rrK• IfNf rk r I -!Si N 1•.tit •�Ir ►1 of N 1�i1 a It Lk� H'111f1-t N H it lai I, Y MiH Wrl N 7� H M Ll.s, •t K W N•{I .i, II Y• ku,i Nn1 Ht It1U Ll r1S•11b1� � Y •bn-Inrrm—t +,el+evr-retained by Seller. There are no real estate brokers involved in thi ;ransaction. Seller represents to Purchasers that the within -contemplated sale is MOLT ASSOCIATES ByN01,,r Strlti>T's-alitdre�� I —fttltirfii3rokert•'s-id•,nrr�mnt-h•chftrrr __. _ By: By. By: *not•the subject of any operative realtor s or real estate broker's sales listing and/or commission agreement. Seller agrees to indemnify the Purchasers against the payment of any such colnnission(s) or other costs (including reasonable attorne 's fees) --in connection with-. a_ cl aim for such_.conimi ssi on(s) from a.--real-:estate broker or salesperson.to 'q F, if Exhibit A 9(a) $1,790,000.00 payable in cash or certified funds upon delivery of deed. For the balance of the purchase price, Purchaser shall execute its non -assumable Promissory Note secured by a First Deed of Trust in 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 annual interest only payments 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, organization 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. 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 December 31, 1983 and shall hold a 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. 9(c) Purchaser's performances under this Contract are expressly q�ontinggt�.,D^4— upon Seller's full compliance with the subdivision regulations of the City of Aspen A within ninety (90) days after a%ecution of this Contract. In the event Seller fails to sati: `_y° this condition within the period set forth in this paragraph, the Purchaser shall be relieved from performanc:es required of it by this Contract and all monies hereby receipted for rc:turneci fcr'Ihi�aith to PuLchaser. 9(d) 1? efe, cnec is made to P. certain lawsuit currently pending in the District Court for the County of Pitkin, State. or. Colorado, No. 81-CV-221, captioned es Aspen Growth Management, et a1v. City of Aspen, et al. That suit challenges on various grounds the existing final plat issueed on or about September 8, 1981. The performance of the parties under this Contract is contingent upon the resolution of that ll-wsuit to the mutual satisfaction. of the Purchaser and Seller. This confingency shall e.��pire fo ty-•five (45) days fro:- the date of execution of this Contract. 9((.) The rartie.; ackito;vledcre that the M.-rolt Ranch has been previously valued at $4 milliurr by the City for unrelated purposes and that a contract currently exists for the sale of the Punch for an amount in excess of $4 million to Moo;°e-Mlycrs do Associntes. Th.a sale contcniplated hexe:in is acknowledged to be a bargain sale by the parties. The Seller hereby covenants to comply with this COT)tract and transfer the Property to the Purchaser irrespective of the lower offering price and with the knowledge that it is engaged in a bargain sale. 9(f) At the time of delivery of deed to Purchaser, the parties will execute and deliver mutual releases, releasing each other from liability for all controversies arising out of the disputed subdivision plat approval undertaken with respect to the Property during 1981 and all matters erisinl; therefrom. -1-- • 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 contract described in 9(e). In the event Seller is unable to be released from its obligations tinder 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 frggn, date of execution of this Contract, provide Seller with a written reso'utiduly 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 three years from date of delivery of Deed to the Purchaser. This license is given to ������' . —Opal Marolt for the sole purpose of inducement of the Seller to enter into this Contract and therefore during her period of occupancy, Opal Marolt sliall pay only utility charges for gas and electricity used solely by her and.no other charges. C c •� 90) Both Purchasez and Seller acknowledge that this Contract and Exhibit A are attached to that certain City of Ashen Ordinance No. 15 and that technical but not substantive changes may be mAe to this Contract and Exhibit A at any time or times prior to closing by either party, with the approval of the other. _q C� A CERTIFICATE OF MAILING I hereby certify that on - ,� 19 a true and correct copy of the Notice of Public Hearing regarding was deposited into the United States mails, postage prepaid, and addressed to the following: 9 Martha Eichelberger • • LIST OF ABUTTING PROPERTY OWNERS - OPAL MAROLT PROPERTY - City of Aspen P.O. Box V Aspen, CO 81612 Barr, Ronald & Debra Box 4384 Aspen, CO 81612 Bealmear, Eleanor Berger Box 632 Aspen, CO 81612 DePagter, Jacobiis A. Box 182 Aspen, CO 81612 Eubank, Dale & Coates, Neliqh C. 720 E. Hyman Ave. Aspen, CO 81611 Fels, Jerry & Esther 3645 Valley Meadow Rd. Sherman Oaks, CA 91404 Gerbaz, James E. 301 S. 7th St. Aspen, CO 81611 Head, Frederick F. Box 4204 Aspen, CO 81611 Crystal Palace Corporation c/o F. Mead Metcalf Box 32 Aspen, CO 81612 Pitkin County c/o County Manager 506 E. Main St. Aspen, CO 81611 Holy Cross Electric Assn. Attn: Edward Grange P.O. Drawer 250 Glenwood Spgs., CO 81601 Skiff, Katie 920 W. Hallam St. Aspen, CO 81611 The Villa of Aspen, Inc. 400 E. Main St. Aspen, CO 81611 Vought, Peter P.O. Box 568 Aspen, CO 81611 Wachs, Edward H., Jr. Box 405 Aspen, CO 81612 Weinberg, Sidney E. 820 Ridge Rd. Highland Pk., IL 60036 Wright -Red House Enterprises A Colorado General Partnership Box 9492 Aspen, CO 81612 Zasachy, Edw. A. & Cynthia 299 S. 7th St., Box 562 Aspen, CO 81612 Castle Creek East Side Frederick Alderfer Johnnie Mae Alderfer P.O. Box 10880 Aspen, CO 81612 Bruce Nicolas Berger P.O. Box 482 Aspen, CO 81612 Neligh C. Coates Dale Eubank 720 E. Hyman Aspen, CO 81611 Roberta P. Crenshaw Caroline M. & Theodore G. Brown 1811 W. 35th St. Austin, TX 78703 Texas JT Venture (J.T.E. Venture) P.O. Box 11558 Ft. Worth, TX 76109 Z 'Y/COUNTY P rTCMINQ OFrriCK 0 130 S. GALENA ASPEN.COLORADO 81611 (C�. uu. J.✓OS IAULi- APR29'83 C LO. �I,t �8.5233s! The Village of Aspen, Inc. 400 F Ma;., c+moo -_- Aspen, CO 81611 /Lij �� fl �unlsa�. ~~- _-~-_----' ,, t� i' ' --- '-~-~-------~-^ 0 M, CITY/COUNTY PLANNW"M OFFICE 130 S. GALENA ASPEN, COLORADO 81811 1- D 'To- .0oweter Vought 010 �tw Bax 568 W.- _,--,�n, CO 81612 2�i (A P R 2L9 i'C8 )3'V' 41; 10� z.2 0 (j p p 16. 1 . 2335. V(-J(.) 68 _'A 0 2- F) F - N J. 0 / () 2 / (.3,3 RIETURN T0 SE -ENDER NOT I)E:'L ERAE AS A1:)DRIESSE-1.) UN(- BLE'.' TC) FC)j:w(-)j:q)