HomeMy WebLinkAboutcoa.lu.ex.Grimes, Lot 12, Pitkin Mesa
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M E M 0 RAN DUM
TO: Aspen City Council
FROM: Planning Office (KS)
RE: Grimes Duplex, Pitkin Mesa Subdivision - Subdivision Exemption
DATE: January 6, 1978
The application requests permission to divide an existing duplex through
a tenants-in-common arrangement. Approval through the subdivision
exemption process is being sought. The duplex is located in an R-15
zone district in the Pitkin Mesa Subdivision off Cemetery Lane in an area
newly annexed to the City. The lot appears to be slightly larger than
15,000 square feet.
In his initial review of the application, Dave Ellis expressed a number
of concerns and asked for an updated improvement survey. Upon review
of the update, Dave has revised his comment to us and now recommends
approval of the exemption. He did, however, advise the applicant that
the 10 foot utility easement shown is for sewer only.
The applicant has provided certain information relative to the housing
impact of the proposed conversion pursuant to Ordinance #53, Series of
1977. Some of that information is contained in the December 15h letter
of the applicant's attorney. In summary, Mr. Grimes intends to purchase
one-half of the duplex which has been vacant for over 6 months and rent
same to his daughter, Robin, a full-time Aspen employee. The other unit
will be purchased by Cooley Investment and Robert Winchester. That unit
has recently been rented to a local full-time employee under a one-year
lease, at $600 per month plus utilities. It was stated that the purchase
price of the duplex was $95,000 and there have been some $15,000 in
improvements made.
The Planning and Zoning Commission considered the matter at their December
20th meeting and recommended approval inasmuch as the applicant had
demonstrated compliance with Ordinance #53. That motion appeared to be
based primarily on the lack of tenant displacement. Any motion by Council
to approve should also be conditioned on the 90 day right of first
refusal, and a six-month minimum lease restriction, in accordance with
the minimum requirements of Ordinance #53. Payment of the park dedication
fee must also be a condition. We suggest that these matters be included
in an exemption agreement to be reviewed by the Planning Office and City
Attorney prior to recordation.
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PROPERTY IMPROVEMENT SURVEY'
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RECERTIFICATION
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I hereby certify that a field~
survey was conducted on Nov. I~
7, 1977 of the above described ~
property and re,certify_the Im-~
provement Survey as shown and
subject to all conditions in ~
tho '",.y"', C.,"f".", i::
Gordon W. ruchner I~
Registered Land Surveyor
Colo. Reg. No. 8873
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LEGAL DESCRIPTION
0- PINS SET
. PINS fOUND
Lot 12, Block 1 of Pitkin l~esa Subdivision,
Pitkin County, Colorado.
IM~ROVEHENT SURVEY DATE
SURVEYOR'S CERTIFICATE
I HEREBY CERTIFY THAT A fiELD SURVEY WAS CONDUCTED,' UNDER MY SUPERVISION OK THIS
DATE, Of THE ABOVE DESCRIBED PROPERTY, ANO THAT ALL BUILDING IMPROVEMENTS,
EASEMENTS, RIGHTS-Of-WAY IN EVIDENCE OR KNOWN TO ME ARE CORRECTLY SHOWN ON THE
ABOVE PLAT. I fURTHER CERTifY THAT THERE ARE NO ENCROACHMENTS BY AND/OR ON THIS
PROPERTY, UNLESS SO NOTED. THIS PLAT SHOULD NOT BE USED fOR THE LOCATION Of
fUTURE PERMANENT IMPROVEMENTS.
. ull, Registere
Colorado Reg. No. 9983
January 13, 1971
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I1Wt/~1. 1.{,/<113
Nove,"b",.. 7 1'177
NELSON, HALEY, PATTERSON, & QUIRK, INC. PROJECT NO. ~
GMEELEY, ORAMD JUMCrrOM. IlUYEK, COLORADO 7l-2-GJT _.505
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PETER VAN DOMELEN. P.C.
ATTD RN EY AT LAW
SUITE 202 MILL & MAIN BUILDING
400 E. MAIN STREET
ASPEN, COLORADO B1611
(3C3) 925-6415
December 15, 1977
City Planning Commission
City of Aspen
Aspen, Colorado 81611
RE: APPLICATION FOR SUBDIVISION EXEMPTION
Gentlemen:
The following information is submitted to supplement the inital
request for Subdivision exemption dated September 12, 1977:
l.
of Aspen,
1977 .
The purchase of Lot 12, Pitkin Mesa Subdivision, City
was consumated by Richard R. Grimes on September 3D,
2. Thereafter, and pursuant to previous agreement, Richard
R. Grimes conveyed an undivided 1/4 interest in the property to
Robert P. Winchester and an undivided 1/4 interest in the property
to Cooley Investment Company. As a result of the foregoing, legal
title to the property is now held as follows:
Richard R. Grimes - an undivided 1/2 interest
Robert P. Winchester - an undivided 1/4 interest
Cooley Investment Company - an undivided 1/4 interest
3. The application should be amended to reflect Richard R.
Grimes, Robert P. Winchester and Cooley Investment Company as the
applicants.
4. The applicants desire to subdivide the existing duplex
through condominiumization. If a Subdivision exemption is granted,
the North apartment Unit will be conveyed to Richard R. Grimes in
satisfaction of his undivided 1/2 interest in the property and
the South Apartment Unit will be conveyed to Robert P. Winchester
and Cooley Investment Company in satisfaction of their combined
1/2 interest in the property.
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City Planning Commission
December 15, 1977
Page Two
5. The existing duplex is a single story structure contain-
ing 2,000 square feet, more or less. Each apartment unit contains
1,000 square feet and consists of 2 bedrooms, 1 bath and a combined
kitchen, dining room and living room area. Each apartment unit has
its own vehicle parking area.
Pursuant to Ordinance No. 53, adopted on December 12, 1977, the
following rental and use information is submitted:
1. At the time of purchase by the applicants the existing
duplex was unoccupied and was in need of extensive repair and re-
furbishing. The applicants anticipate spending in excess of $15,000
to install fire places, new windows, new carpeting, wall paper, all
new appliances, roof repair, exterior painting and landscaping. The
major portion of these improvements have already been installed and
paid for.
2. The South Apartment Unit has recently been rented under a
one-year lease at the rental of $600 per month plus utilities. The
tenant is Kevin Cochran, a local full-time employee, who shares
the unit and the rent with a roommate.
3. The North Apartment Unit is presently unoccupied pending
completion of the repairs and improvements. Upon completion of the
improvements, Mr. Grimes intends to make this unit available for
housing for his daughter, Robin Grimes, who is a local, full-time
employee. Should this unit be rented, it will be on a long term
basis at: a rental comparable to that of the other unit.
4. The requested Subdivision exemption will result in no
tenant displacement whatsoever.
5. The parties do not intend to offer the units for sale if
the requested Subdivision exemption is granted. However, should
there be a change in plans, the parties will provide tenants who do
not wish to exercise their option or right of first refusal the re-
location period provided for in Section 20-22 (c) (3) of the Aspen
~unicipal Code, as amended by Ordinance No. 53.
The purpose of the proposed condominiumization of the property, and
the requested Subdivision exemption therefor, is (i) to permit the
parties to each provide and be responsible for the permanet finan-
cing which will be placed upon the individual apartment units, and
(ii) to permit the parties to apply the individual apartment unit to
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City Planning Commission
December 15, 1977
Page Three
their own uses, which in the case of Mr. Winchester and Cooley Invest-
ment Company will be for rental purposes and in the case of :~r. Grimes
will be to make housing available for his daughter.
If the Subdivision exemption is granted, it would appear that the
conveyance of the North Apartment Unit to Mr. Grimes in satisfaction
of his undivided 1/2 interest in the property and the conveyance of
the South Apartment Unit to Mr. Winchester and Cooley Investment Com-
pany in satisfaction of their combined undivided 1/2 interest in the
property would not be considered as "Sales" within the language of
Section 20-22 (a) to which the tenant's purchase option would apply.
However, should there be any question on this point, clarification
is requested.
YPl~~
Peter Van Domelen
Attorney for Applicants
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MEMO
TO: KAREN SMITH
PLANNING DEPARTMENT
FROM:
DAVE ELLIS
ENGINEERING
~~
DEPARTMENT
DATE:
December 1, 1977
RE:
Subdivision Exemption Request - Lot 12, Block 1,
Pitkin Mesa
After reviewing the revised improvement survey and making
a field inspection, the apparent problems identified in the
October 12th engineering memo to you have been either re-
solved or shown to be non_existent. On this basis the
recommendation is for granting of the exemption since full
subdivision review would serve no beneficial purpose. The
applicant may wish to advise his surveyor that the 10 foot
"utility" easement is "sewer" only.
jk
cc: Peter Van Domelen
~..~.-.-.,.>-,,,~.._~~,,--,,-..._,..~,._,,~,-~,,_.~~_....- .-
M E M 0 RAN DUM
TO: Aspen P1 anni ng and Zoni ng Commi ss i on
FROM: Planning Office (KS)
RE: Grimes Duplex, Pitkin Mesa Subdivision - Subdivision Exemption
DATE: December 15, 1977
This application requests permission to divide an existing duplex
through a tenants-in-common arrangement. Approval through the subdi-
vision exemption process is being sought. The duplex is located in an
R-15 zone district in the Pitkin Mesa Subdivision off Cemetery Lane
in an area newly annexed to the City. The lot appears to be slightly
larger than 15,000 square feet.
In his initial review of the application, Dave Ellis expressed a number
of concerns and asked for an updated improvement survey. Upon review
of the update, Dave has revised his comment to us and now recommends
approval of the exemption. He did, however, advise the applicant that
the 10 foot utility easement shown is for sewer only.
Because of City Council's December 12th action adopting new condo-
miniumization policy, Ordinance #53, Series of 1977, we have asked the
applicant to provide us relevant information before Tuesday's meeting.
We understand that the two units will not be offered for sale, but
will be rented. One-half will continue to be rented to the existing
tenant.
Subject to more information and consideration of the impact of the
conversion on the supply of low and moderate income housing, we recommend
approval of the exemption request. At a minimum, conditions of approval
should include:
1. A 90 day right of first refusal to existing tenants
(if the units are offered for sale)
2. A six month minimum lease restriction
3. Payment of the park dedication fee
Conditions of approval should be specified in an exemption agreement
and the applicant should note the wording of the 90 day right of first
refusal as provided in newly adopted Ordinance #53, which is attached
for your information.
1mk
enc.
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(Subdivision, ExemPtfon from
FEE SCHEDULE
Subdivision,
Rezoning ,~rk
Dedication)
Name of Project:
Grimes Subdivision Exemption
Lot 12, Block 1, Pitkin Mesa
Address:
Applicant's Name:
Richard R. Grimes
Phone:
Applicant's Address:
FOR ZONES WHICH ARE R-15, R-30, R-40, RR and CONSERVATION the Subdivision Fee
Formula is as follows:
Conceptual
$100 + $5.00/dwelling unit
+
Preliminary
$22.00/dwelling unit
Fi na 1
$3.00/dwelling unit
FOR ALL OTHER ZONES the Subdivision Fee Formula is as follows:
Conceptual
$100 + $60.00/acre of land
Preliminary
$280.00/acre of land
Final
$35.00/acre of land
)( EXEMPTION FROM THE DEFINITION OF SUBDIVISION FEE: $50.00
11-10-77
REZONING APPLICATION FEE: $125.00 (once a year)
PARK DEDICATION FEE SCHEDULE
nrcorm or Pl:JC[[~;Nl~S
1(;.) Lt'J\'cs
=-_ ._.=-o..-=~=:..====~.""'''"=..c''''_.='''-'=''--==_==.-==-~--=='=-=''''' --===--.
curr('nt m:trkcl v.J!uc of <l percentage of the
land propo!;cd ;;t::; the development site. the
percentage of the land bcinq determined at the
rate of b.-o and Of!c-hal! (2;2) .J.crc~ for every
one thous;]nu (1,000) residents of the propo~cd
development. (that is, the number of rcsicl.cnts
J1ultiplicd by twenty-five tell thousandths
(.0025) of an acre per resident). The number
of residents .J.ttributable to the development
shall be calculated in the following manner:
Type of Dwellinq
Numb~r of Residents
Per Dwelling Unit
Hu1ti-Family
studio
one bedroom
two bedrcom
three bedroom
and 1.3 for each additional
....
1.0
1.3
2.7
4.0
bedroom
Single Family or Duplex
one bedroo::l.
two bcdrc::::t
three b~c~-oc::\
and 1.3 for c~ch additional
1.3
2.7
4.0
bedroom
/
A duplex struc'~\l!"C shLlll constitute t....o d.....cllinq
unit~ :or t~8 pu=?OSCS c~ th~s subse=~ion.
(3) An exa~~lc of the a~plication of the above
formula is ~s follmlS, .:l5su::\ino the construction
of OIW singll' [..,:;lily residencl' - cClltilininq two
bcdroo::~~; 0:1 .1 lot conti1ininq lS,llOO sq;J;lrc fl'l't
with <l tlarkl't v.J.lue of $65,OOll.OO (or $oL33 per
6qUilre foot):
2.7 P bedroom.. 2.7 re~d(knts) x 0.0025 acres
X 43.~60 (:~qll...\rc fl~l't t'('r .1crc) x $4.33 (r.hlr-
k(~l v.llul' ol 1.md i-'l~l' :.'In,:\I't' [out) , $1,273.15
(h) Uni~\pnwt'(l 1.ll1d !Ohall bt~ appr,list'J at the'
Cnlrl'll! f'.Hk,...1 v.d\J" ot 111<' ~;it.., ilh:luJ.lnq jt~; v.:Ilu~
atlrihut,lb!,' to cur!" qUIll'}':;, :;ll..'l, ~id"\_'.llk
lInrl tI\ iliti,':; if ill:;t,llll,.1 l'!l t'lf' d,lt.- or p,');Hit
j!,,~:tl,1I1Cl'. In:'r,'\'\',! J.llld.. :>ll,,11 I,,' 'll'i'!.lJ,t".l de,-Dcdi.nc.
to theil' hiqIH".t <Ill.! b,--'c.t. U:.,' l.J"-III'.l lub) "l'J1~.ldl'l.:,\-
lion ('xi~,til\q ';tnl,.tl1n'~; ....Ill,tlll't 01' 1\01 tla'Y dr,'
c:oufonllill'j. .'\;IIL.'I, v.du.-' Ill.lY 10,--' buh:;t.llltl.l(t'd by
. dUCllmL'llll'd pun:h.lsl' ['rice (if ,11\ o.lrm'f~ h'lLtJth
tr,lIl:;,H:t i"1I rHI( Ill'lIt' th,)l\ t....c1 )"<'.11:; old) III by ;lny
other rL~('oql\i;.t'J r.\l'.:m:.; <110\'ilkd th..lt .:I:.~;t'::;s~d
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(A'S'
MEMO
TO:
KAREN SMITH
PLANNING DEPT.
DAVE ELL! S (l"'c(
ENGINEERING DEPT.~~
FROM:
DATE:
October 12, 1977
RE:
Subdivision Exemption (Grimes)
Lot 12, Block 1, Pitkin Mesa
In reviewing this application several problems have arisen concerning
the improvement survey and easements. The improvement survey submitted
is dated January 1971, at which time the improvements were incomplete.
Also shown on the survey are a proposed sewer easement, and two pro-
posed relocations for road and utility easements. The latter two ease-
ments were platted on the original Pitkin Mesa Subdivision; however,
the building foundation lies in the original road easement. The reloca-
tion as shown would also affect Lots 11 and 13.
A copy of the current title commitment and a current improvement survey
will be needed to determine what further action is necessary. The
privately maintained 6 inch water line across the westerly end of the
lot was constructed prior to 1971, and its location within any relo-
cated easement should be verified by field survey. The same would be
true for the road and sewer. An ammendment to the original plat may be
necessary.
Because of the above problems, we feel it would be best to postpone
consideration of the exemption request.
jk
,
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.......,
-
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PETER VAN DOMELEN. P.C.
ATTORNEY AT LAW
SUITE 202 MILL & MAIN BUILDING
400 E. MAIN STREET
P.O. BOX B009
ASPEN, COLORADO B1611
(303) 925-6415
September 12, 1977
City Planning Commission
City of Aspen,
Aspen, Colorado
RE: APPLICATION FOR SUBDIVISION EXEMPTION
Gentlemen:
,
It is requested that the following described transaction be
exempted from the definition of "Subdivision" under Chapter
20 of the Aspen Municipal Code.
1. The premises involved are legally described as:
Lot 12, Pitkin Mesa Subdivision
City of Aspen, pitkin County, Colorado
2. The premises are zoned R-15 under the Zoning Code of
the City of Aspen.
3. The improvement situated upon the premises consists of an
existing duplex, which is a permitted use within the R-15 zone
district. An improvement survey is enclosed herewith.
4. Applicant, Richard R. Grimes, is the purchaser of the pre-
mises under a Receipt and Option Contract dated August 25, 1977.
A copy of the Contract is enclosed herewith.
5. Upon closing of the purchase, Applicant desires to sub-
divide the existing duplex through Condominiumization. This will
be accomplished by placing a Declaration of Restrictions on the
premises which will provide for the ownership of the premises by
two individual owners, as Tenants in common, together with the
exclusive right to use and occupy one of the duplex units. A copy
of the proposed Declaration of Restrictions is enclosed.
.._......._.~..,.M'''..._'_____-_.._~.....--. .. _,.,..,________..""'"...-...-.-~-~~'i....."-'.",...-...,-...-.;-
"
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City Planning commission
September 12, 1977
Page Two
An exemption from the definition of "subdivision" is requested
on the grounds (i) that the subdivision of a duplex through the
condominiumization thereof is not within the intent and purpose
of the subdivision ordinance, and (ii) that the granting of the
exemption will not be detrimental to the public welfare or injur-
ious to other property in the area in which subject premises are
situated.
In accordance with the policiies of the City of Aspen, Applicant
is willing to accept the following as conditions on the grant of
the requested exemtpion:
1. The payment of the required Park dedication fees.
2. A restriction of rental of the Condominiumized units to
periods of not less than six successive months, or in the alter-
native to not more than two short term periods within any calen-
dar year.
3. A right of first refusal being extended to the then tenants
of the Condominiumized units in the event of a sale thereof within
90 days after the grant of the requested Subdivision exemption.
Your favorable consideration of this request will be appreciated.
Yo ~very truly,
l~~
Pe er Van Domelen
Attorney for Applicant
Richard R. Grimes
Ene.
PVD:nv
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LEGAL DESCRIPTION
0- PIHS SET
0- ,PillS fOUnO
Lot 12, Block 1 of Pitkin Mesa Subdivision,
. Pitkin County, Colorado.
IHPROVEMEHT SURVEY DATE
.~l (: i . .:
" '
SURVEYOR'S CERTIFICATE
I HEREBY CERTifY THAT A flELO SURVEY WAS CONDUCTED, UNDER MY SUPERVISION ON THIS
DATE, Of THE ABOVE DESCRIBEO PROPERTY, AND THAT ALL BUILDIN. IMPROVEMENTS,
EASEMEIITS, RIGHTS-Of-WAY IN EVIOENCE OR KNOWN TO ME ARE CORRECTLY SHO~N ON THE
ABOVE PLAT. I fURTHER CERTIFY THAT THERE ARE NO EHCROACHMEIlTS BY' AND/OR ON THIS
PROPERTY, UHLESS SO NOTEO. TillS PLAT SHOULO NOT BE USED fOR TilE LOCATION Of
fUTURE PERMAHEIlT HIPROVEMEIITS. /-;'::~". . /.!..
'~<.- / r/ ,1 /~
",. "\. Jo' X (1,.1
(,/.-.. -f.-"!'4.~'''~1~J~.s::J.;...~t:~_tl.'''-t..''-,
Dnll:e If, SI,,11 j ,; 1,~,i1 ~ tcrcu'Litlhl Surv"y"r I
(;oloril.!o Itl'lj, :..i, \/9',J
. 'NEL.SON, HAL.E V I ;""h;h'n~;:" "')"~lI ;'ii"i'.~"Ii;>6~'I-- ';"':'i J, ':'1' j.~:~:;~~ I
GREELEY, GRAIIO JUIICTlO,.. IIUI~tll. COlOi;;':'~ ! 71-~'r. "~, ",",',
"
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'January 13. 1971
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The prlnte.d portion or thb farm appruved by the I
Colorado Rul E~"'ate Commilllli.n (SC 20-10-751
flECEIPT AND OPTION CONTRACT
(RESIDENTIAL)
,
Aucmst 25
RECEIVED FROM RTf'Hnl1n " r-)HMFS - - - - - ;heck
purchaser VC~;.it,ot#"'Y>, the sum 0[$ R, 000 00 , in the form of
to be held by Hnn~ of ~~ppn RPRlt-y , broker, in his esaww'
as earnest money and part payment for the following described real estate situate in tbp rH-y
County of pitkin ,Colorado, to wit:
-
LOT 12, PITKIN MESA SUBDIVISION, according to the ame
recorded in Plat Book 4, at Page 191 in the pitkin Coun
Recorder's Office, county of pitkin, state of colorado.
to Deed Restrictions, covenants, and easements of reccu:d
with ~ll improvements thereon and all fixtures of a permanent nature currently on the premises
provided. in their present condition, ordinary wear and tear excepted, known as No.
which property purchaser agrees to buy upon the following terms and conditions, for tbe
$ qc:; r onn nn ,payable as follows: $ BrOOO.OO hereby receipted for, $
in the form of. cashier's check or certified funds on OD
September 30, 1977.
-
-
1. If a note and trust deed or mortgage is to be assumed, the purchaser agrees to pay a lOaD t
exceed $ and it is a condition of this contract that the purchaser may ass
brance without change in its terms or conditions except nnt- ~rr';("'~hlt:lo
-
2. Price to include any of the following items currently on the p1;emis;s: Lighting, heating and
all outdoor plants, window and porch shades, venetian blinds, storm wind~ws, storm doors, screens.,
ery rods, central air conditioning, ventilating fixtures, attached TV antennas, attached mirrors.
water softener (if owned by seller), fireplace screen and grate, built.in kitchen appliances. .aUi
if ~ny. ~nri in t-hp;r p-rp~pnt- 1I~~_;~11 ~f"\nA;t;nn .
all in their present condition, free and clear of all taxes, liens and encumbrances except as provid
provided, however, that the following fixtures of a permanent nature are excluded from this sale:
3. Af, a)i'st,,(,ctA>f ill.!to iaiil prtpe1h",ferPfivU tl dr/e,pr :Acurrent commitment for title i....u
amount equal to the purchase price. at seller's oftfcftf~f expense, shall be furnished the pu
SppteITlhpr 10th ,19~, Ifi'jeffll1-'fIff'/rf'l'ft'f'ltfeJtfsr'l't'llYo/'
deliver the title insurance poliCY to purchaser after closing and pay the premium thereon.
4. Title shall be merchantable in the seller. Subject to payment or tender as above provided a
the other terms and conditions hereunder by purchaser, the seller shall execute and deliver a
~p..nprrl;' - warranty deed to said purchaser 0('1 "9p~ewber 3
or, b),' mutual agreement, at an earlier date, conveying said property free and clear of all taxes,. _e_
taxe~ for 19-2l. payable Januar)' 1,19.1-.8--. and except none
free and clear of alllicns for special improvements now installed, whether assessed or not; free an
and encumbrances except easE;ments for telephone, electricity, water and S3.nitary sewer, and except. -
and subject to building and zoninlt re~lations. and restrictive covenants of record. Any encumbran
paid may be paid from the proceeds of this transaction.
5. General taxes for 19::1..2.- shall be apportioned to date of delivery of deed ba~ed on the mOSt.-r
most recent al'~e~sment. Prepaid rents, water n~nts, ~ewer rents. FHA mortga~e insurance premium
encumbrances, if any, anrl
~ltnll be apportiOlll'd to date of delivery of deed.
BOX fY -
ASf'EN..COU: ~
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e<<e
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dl.ect
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pri~e of
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fO>:re
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d UIId
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:ce.p-'t tt!h '
e general
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lens.
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,erot ~
Y nnd tll('
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No. SC 20.10-75. lh"C"t"ipt .ndQpliun('uPlr.n tUt.t;idt>nli.ll- "n.MuI'I1 :'u"li"hif,~ru..l~.I'-IIIStout l"trwt.lll'll\"lor.Colurud... 6--"K'_
,-
6, The hour and place of clos; ng shall be as Jes;g'nated by --Hans-oLASEEN_REJI T ,TY
7. Possession of premises shall be delivered to purchaser on _day n f (' 1 osintJ
subje"ct to the following leases or tenancies: non e
If the seller fails to deliver possession on the date herein specified, the seller shall be subject to eviction and shall be
liable for a daily rental of$ ? 0 no until possession is delivered.
8. In the event the premises shall be damaged by fire or other casualty prior to time of closing, in an amount of not
more than ten per cent of the total purchase price, the seller shall be obligated to repair the same before the date herein
provided for delivery of deed. In the event such damage cannot be repaired within said time or if such damage shall
exceed such sum, this contract may be cancelled at option of purchaser. Should the purchaser elect to carry out this
agreement despite such damag-e, such purchaser shall be entitled to all the credit for the insurance proceeds resulting
from such damage, not exceeding, however, the total purchase price. Should any fixtures or services faB between the
date of this agreement and the date of possession or the date of delivery of deed, whichever shall be earlier, then the
seHer shaH be responsible for the repair or replacement of such fixtures or services with a unit of similar size, age and
quality or an equivalent credit.
9. Time is of the essence hereof, and if any payment or any other condition hereof is not made, tendered or performed
as herein provided, there shall be the following remedies. In the event a payment or any other condition hereof is not
made, tendered or performed by the purchaser, then this contract shall be null and void and of no effect, and both parties
hereto released from all ohlig-ations hereunder, and all payments made hereon shall be retained on behalf oCthe seller as
liquidated damages. In the event that the ~eller fails to perform any condition hereof as provided herein, then the
purchaser may, at his election, treat the contract as terminated, and all payments made hereunder shall be returned to
the purchaser: provided, however, that the pUl'chaser ma)', at his election, treat this contract as being in full force afld
effect with the right to an action for specific performance and damages.
10. In the event the seller fails to approve this instrument in writing on or before ~prt-pmhpr 1::\ I 1 q77 _
19-1l., or if title is not merchantable and written notice of defects is given to the seller or agent within the time herein
providedfoI' delivery .)f de'.!d and shall not J:>P. rpnn~r~rl merr:l,anhhle within ~O ciay~ After ~uch written notice, then this
contract, at purchaser's option, shall be void and of no effect and each party hereto shall be released from all obligations
hereunder and the payments made hereunder shall be returned forthwith to purchaser upon return of the abstract, if
any, to seller; provided, however, that in lieu of correcting such defects, seller may, within said 30 days, obtain, a
commitment for Owner's Title Insurance Policy in the amount of the purchase price showing the title to be free. from
such defects and seller shall payfuI~ premium for such Title Insurance Policy.
11. Additonal Provisions:
It is herewith expressly understood between the parties of this
Contract.as well as between purchaser herein and Broker herein
that the subject prope wa~ offered and shown to purchaser herein
on August 20/1977, i i present "as-is" structural condition and
all 'ecessa~v ulDa- 11 be at the sole COsr of Durchaser
-I2, pOIl.appr~I:2.'. ~y sell" IS agr.eement sharrllecome a contractoetween seller and-purchaser and
sha nuret e"1)enefi;r, heh rs ,e orsand assigns of said parties.
1,~-~2!~~/ j/ (---;:r/'X1)_
Purchaser D/
-.
Agent
,
Pun:haser
By:
Date
Brok
Seller approves the above contract thi~ ~ 6 day of and agi-ees
to pay a commission of 9; v ~ of the gross sales price for service in this lon, and agrees that, in the
event of forfeiture of payments made by purchaser, such payments shall be divided between the seller's broker and the
seller, one--halfthereofto said broker, but not to exceed the commission, and the balanc~ to the seller.
~..r.,e,~,~~
Seller
WENDY CRA N
~CZ-
Seller
DUNCAN CRAVEN
Purchaser's Address f'!/n nc:pf='nglnw, n~rp.n, ('n1n
Rll>ll
Seller's Address
'1'~~ M~r;pnc:~ np Orn
Malibu, CA 90265
" -
"
,
DECLARATION OF RESTRICTIONS
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, RICHARD R. GRIMES and BARBARA L. GRIMES, husband
and wife, (hereinafter collectively called "Declarant"), are the
owners of the following described real estate, to-wit:
Lot 12, Pitkin Mesa Subdivision,
County of Pitkin, State of Colorado,
WHEREAS, a duplex building consisting of two apartment units,
which shall be known as the North
Apartment Unit and the South
Apartment Unit, and other improvements appurtenant thereto have
been constructed on the property, and
WHEREAS, Declarant desires to convey undivided percentage
interests in and to the Property and to establish a plan for the
use and co-ownership in fee simple of real property estates con-
sisting of co-ownership by two individual owners, as tenants in
common, of all of the Property, together with an exclusive right
to use an Apartment Unit in the Building as hereinafter provided.
NOW, THEREFORE, Declarant does hereby publish and declare
that the following terms, covenants, conditions, easements, re-
strictions, uses, limitations, and obligations shall be deemed
to run with the land, shall be a burden and a benefit to Declarant,
its successors and assigns and any person acquiring or owning an
interest in the subject property and improvements, their grantees,
lessees, successors, heirs, executors, administrators, devisees
or assigns.
1. Definitions.
(a) "Apartment" or "Apartment Unit" means an individual
unit, consisting of enclosed rooms occupying part of the Building
and bound by the interior surfaces of the perimeter walls, floors,
ceilings, windows, doors and built-in fireplaces, if any, of the
Building constructed on the above-described real property, together
with all fixtures and improvements therein contained, but not includ-
ing any of the structural components of the Building within an Apart-
ment Unit.
(b) "Owner" means any person or entity, including
Declarant, or any combination thereof, owning an undivided interest
in the Property, the term "Owner" shall not refer to any Mortgagee,
as herein defined, unless such Mortgagee has acquired title pursuant
to foreclosure or any proceeding in lieu of foreclosure.
(c) "Mortgage" means any mortgage, deed of trust or
other security instrument by which the interest of any Owner is
encumbered.
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(d) "Mortgagee" means any person named as Mortgagee
or beneficiary including successors and assigns thereof, under
any mortgage which the interest of any other Owner is encumbered.
(e) "Common Area" means and includes all portions of
the property except the Apartment Units, including, but not limited
to, the following:
(1) The land on which the Building is located;
(2) The foundations, columns, girders, beams,
supporting walls, floors, and ceilings; exterior walls and sur-
faces, roofs, balconies, patios, terraces, walkways and stairs
or stairways of the Building;
(3) The yards, gardens, parking areas, and stor-
age areas;
(4) Any installations consisting of equipment
and materials making up any central utility services;
(5) In general, all apparatus and installations
existing for common use;
(6) All other parts of the Property necessary or
convenient to its existence, maintenance, and safety, or normally
in common use;
(f) "Limited Common Area" means any Common Area des-
ignated herein for exclusive use by an Owner. Any balconies, ter-
races, porches, patios, stairs or stairways and storage areas which
are commonly identified with or appurtenant to a particular Apart-
ment Unit shall be Limited Common Area for the exclusive use of
the Owner having the exclusive right to use such Apartment Unit.
(g) "Property" means and includes the land, the Build-
ing, all improvements and structures thereon, and all rights, ease-
ments, and appurtenances belonging thereto.
(h) "Building" means the building improvements com-
prising a part of the Property.
2. Use and Occupany. The use and occupancy of the Property
shall be governed by the following provisions, to wit:
(a) Subject to the limitations contained in this Declar-
ation, each Owner shall own an undivided fifty percent (50%) interest
in the Property together with an exclusive right to use one of the
Apartment Units in the Building, the non-exclusive right to use and
enjoy the Common Areas and the exclusive right to use and enjoy any
Limited Common Areas appurtenant to an Apartment Unit.
(b) Each of the respective Apartment Units in the du-
plex residence situate on the subject Property shall be used by the
Owners thereof as a single family private residence, in accordance
with the then applicable zoning.
(c) In the event of the lease of an Apartment Unit, the
lessee shall not be permitted to keep or maintain any pets or domes-
tic animals on the Property.
3. Maintenance and Alteration.
(a) Except as hereinafter provided, the interior (includ-
ing, for the purposes of this sub-paragraph, window glass) of each
of the Apartment Units shall be furnished, maintained and repaired
at the cost and expense of the Owner having the exclusive right of
occupancy and use thereof; and, further each Owner shall be indivi-
dally responsible for the care, maintenance and expense for that
portion of the Building in which the Owner has exclusive right of
occupancy and use;
(b) Each Owner shall share equally the costs and res-
ponsibilities of ordinary maintenance and repair of the Common Areas.
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.,
(c) No material alterations, including but not limited
to, architectural, aesthetic or structural alterations, may be made
to or upon the said Common Area without the consent of both Owners
thereof; provided no Owner shall arbitrarily or unreasonably withhold
his consent.
4. Insurance. Each Owner shall share equally in the cost
of maintaining fire and structural casualty insurance covering the
Property, in an amount to be mutually agreed upon by the Owners,
which policies shall recite each of the Owners as named insured,
as their interests may appear, and which in no event shall be less
than the replacement value of the Building. Further, each Owner
shall share equally in the cost of maintaining liability insurance
in an amount sufficient to protect each OWner in the event of
personal injury on the Common Areas resulting from failure to re-
pair or maintain such areas. In the event negligence on such
Common Areas is solely attributable to one Owner, the other Owner
shall not be liable for contribution.
5. Destruction. Damage or destruction of the Building as
a result of fire or other casualty shall be governed by the follow-
ing provisions:
(a) In the event of damage or destruction due to fire
or other disaster, the insurance proceeds, if sufficent to recon-
struct the Building, shall be promptly applied by the Owners to
such reconstruction, subject to the rights of Mortgagees and sub-
ject to the rights, if any, of mortgage insurers of such Property,
which Mortgagees and insurers shall be notified, in writing, of
such damage or destruction, within 30 days thereof.
(b) If the insurance proceeds are insufficient to re-
pair and reconstruct the Building, the OWners shall immediate'ly
appoint an independent appraiser to determine the percent of the
premises which has been destroyed. If not more than sixty percent
(60%) of the Building has been destroyed, such damage or destruction
shall be promptly repaired and reconstructed, with the cost thereof
in excess of the insurance proceeds to be borne equally by the
Owners. Each Owner's portion of this excess cost shall constitute
a lien upon such Owner's interest in the subject Property, enfore-
able by the other Owner as provided in paragraph 10 below.
(c) If the above mentioned appraiser determines that
more than sixty percent (60%) of the Building has been destroyed,
and the OWners have not reached a mutual agreement to reconstruct
said duplex within thirty (30) days following the delivery of such
appraiser's report, the remaining Building subject to the rights of
Mortgagees, shall be sold, and the costs and proceeds of such sale,
together with the insurance proceeds, divided equally between the
Owners.
(d) Each Owner hereto shall be solely responsible for
obtaining and paying for fire and other insurance coverage on such
Owner's furnishings and other items of personal property, and for
casualty and public liability insurance coverage within that portion
of the Building for which such Owner has the exclusive right of
occupancy and use.
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"
6.
Taxes, utilities and Common Costs.
(a) Each Owner shall be responsible for timely pay-
ment of the general property taxes levied upon such Owner's interest
in the Property; provided, however, that until such time as said
taxes shall be levied separately upon each Owner's interest in the
Property, said taxes shall be shared equally by the Owner's.
(b) The Owners shall share equally in the costs of
gas, water and other utilities which are metered to the Building
as a whole and not to the individual Apartment Units, and in the
costs of sewerage, trash removal and snow plowing.
(c) Each Owner shall be responsible for the costs of
electricity, telephone and other utilities which are separately
metered to such Owner's individual Apartment unit.
7. Access. Each Owner hereto shall have the irrevocable
right from time to time, during reasonable hours, of access to each
Apartment Unit and to all Common Areas for the purpose of making
emergency repairs, and for maintenance or replacement of any of the
Common Areas located therein or accessible therefrom.
8. Right of First Refusal. Except for any sale by
Declarant, the sale of an Owner's interest in the Property shall
be subject to the following terms and conditions:
(a) In the event that any Owner receives a bona fide
offer to purchase his interest in the Property, such Owner shall
give written notice of such proposed sale to ther other Owner,
which said notice, being a true copy of said offer, shall state
the terms and conditions, purchase price, and the name of the pur-
chaser. Said notice shall be deemed to be given either when served
personally upon the non-selling Owner or when mailed by certified
or registered mail to the non-selling Owner at his last known resi-
dence or business address. The non-selling Owner shall have a per-
iod of twenty (20) days after the giving of such notice to purchase
the interest of the selling Owner upon the terms and conditions and
for the purchase price as set forth in said Notice. If the non-
selling Owner does not exercise such right to purchase the selling
Owner may then sell his interest in the Property to the person and
upon the terms and conditions and for the price as set forth in
said Notice.
(b) In the event of any default on the part of any
Owner under any Mortgage which entitles the holder thereof to fore-
close same, any sale under such foreclosure, including delivery of
a deed in lieu of such foreclosure, shall be made free and clear of
the provisions of this paragraph 8 and the purchaser, or grantee
under such deed in lieu of foreclosure of such interest, shall be
thereupon and thereafter subject to the provisions of this Declar-
ation. If the purchaser following such foreclosure sale, or grantee
under deed given in lieu of such foreclosure, shall be the then
holder of the Mortgage, or its nominee, the said holder or nominee
may thereafter sell and convey the interest free and clear of the
provisions of this paragraph 8, but its grantee shall thereupon and
thereafter be subject to all of the provisions hereof.
(c) Upon written request of any prospective purchaser
or other interested party, the non-selling Owner shall forthwith,
or where time is specified, at the end of the time, issue a written
and acknowledged certificate in recordable form, evidencing that
proper notice was given by the selling Owner and that non-selling
Owner did not elect to exercise his right of first refusal to pur-
chase.
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,"
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Right to Reimbursement.
(a) Any taxes, utility charges, insurance premiums or
other costs, which are tobe divided between and shared by the Owners
inter es, may be paid in full by either Owner when deemed necessary
or convenient to do so. In such event, the Owner making such pay-
ment shall thereupon have an immediate and enforceable right to
demand and receive full reimbursement from the other Owner for the
latter's share of the payment so made. The Owner entitled to such
reimbursement shall have an enforceable lien upon the other Owner's
interest in the property for the amount of such reimbursement.
9.
(b) To evidence such a lien, the Owner shall prepare
a written notice of lien setting forth the amount to which he is
entitled, the date due, the amount remaining unpaid, the name of
the Owner and a description of such Owner's interest in the Pro-
perty. Such a notice shall be signed by such Owner and recorded in
the Office of the County Clerk and Recorder of Pitkin County, State
of Colorado. Such lien may be enforced by judicial foreclosure by
the Owner in the same manner in which mortgages on real property
may be foreclosed in Colorado. In any such lien filing or fore-
closure, the non-paying Owner shall be required to pay all costs and
expenses incurred with respect to such lien or foreclosure proceed-
i~g, including the costs and expenses of filing the notice of lien
and all reasonable attorney fees incurred prior to and during any
foreclosure proceeding. All such costs and expenses shall be se-
cured by the lien being foreclosed. The Owner making such payments
shall have the right and power to bid at the foreclosure sale or
other legal sale and to acquire, hold, convey, lease, rent, encumber,
use and othewise deal with the same as the Owner thereof.
(c) A release of notice of lien shall be executed by
the Owner and recorded in the Pitkin County, Colorado, real estate
records, upon payment of all sums secured by a lien which has been
made the subject of a recorded notice of lien.
10. Enforcement. The covenants, conditions and restrictions
set forth in this Declaration constitute a general plan for the
maintenance, protection and enhancement of value of the Property
and the Apartment Units contained thereon, and for the benefit of
both Owners. Said covenants, conditions and restrictions are
imposed on the entire property for the benefit of the present and
future Owners thereof. Said covenants, conditions and restrictions
are and shall be covenants running with the land or equitable servi-
tudes, as the case may be. The breach of any of the said covenants,
conditions or restriction and the continuation thereof may be en-
joined, abated or remedied by appropriate legal proceedings by any
Owner, or Mortgagee under any Mortgage given for value, all of whom
are hereinafter collectively referred to as "enforcing person(s)".
Damages at law for any such breach are hereby delcared to be inade-
quate. The result of or condition caused by any violation of any
of said covenants, conditions or restrictions is and shall be a
nuisance, and every remedy in law or equity now or hereafter avail-
- 5 -
.-
able against a public or private nuisance may be exercised by
any enforcing person. The remedies set forth herein for breach
of said covenants, conditions and restrictions shall be cumulative,
and none of said remedies shall be exclusive. The failure to en-
force any of said covenants, conditions or restrictions shall not
constitute a waiver of the right to enforce the same thereafter. In
the event litigation shall be commenced to enforce any of said cov-
enants, conditions or restrictions, such enforcing person, if he
prevails in such litigation, shall be entitled to have judgment
against and recover from any defendant (other than nominal) in such
litigation such attorney fees as the court my adjudge reasonable
and proper.
11. Amendment or Recovation. This Declaration may be
amended or revoked at any time by an instrument in writing, exe-
cuted by all of the then current Owner or Owners of the entire
fee interest in the Property, subject, however, to obtaining the
prior written approval of all of the holders of any mortgage of
record in pitkin County, Colorado and covering or affecting Owner's
interest in the Property.
12. Duration of Declaration. Each provision contained in
this Declaration which is subject to the laws or rules sometimes
referred to as the rule against perpetuities or the rule prohibit-
ing unreasonable restraints on alienation shall continue and ,remain
in full force and effect for the period of twenty-one years follow-
ing the death of the survivor of Richard R. Grimes and Robert P.
Winchester, and the now living children of said persons, or until
this Declaration is terminated as hereinable provided, whichever
first occurs. All other provisions contained in this Declaration
shall continue and remain in full force and effect until termin-
ated and revoked as hereinafter provided.
13. Partition Not Permitted. The interests of the Owners
or Tenants in common of the Property shall not be subject to jud-
icial or other partition, and no Owner shall institute any action
seeking the partition thereof.
14. Arbitration. All questions, controversies, disputes,
or matters of interpretation arising under or with respect to this
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/....
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Declaration shall, if written notice of controversy is given to
the other Owner as hereinafter provided, be determined by arbit-
ration in accordance with the procedure hereinafter provided. If
any written notice of controversy is filed with the other Owner,
the matter shall be determined in accordance with the following
procedures: As promptly as possible after receipt of such notice,
the matter shall be heard by the arbitrator who is a member of
the American Arbitration Association, according to said Association's
rules and procedures, at a convenient location in Pitkin County,
Colorado. The decision of such arbitrator shall be binding and
conclusive on all Owners. Any determination, decision or action
as aforesaid shall be upheld by the arbitrator if it is or was
authorized or proper under this Declaration or consistent with the
overall purposes of the Declaration. Costs of any arbitration shall
be borne by the Owner against whom the decision in arbitration is
made.
15. Severability. In the event any covenant, condition,
restriction or provision contained in this Declaration is to be
held invalid, void or unenforceable by any court of competent
jurisdiction, the remaining portions of this Declaration shall,
nevertheless, be and remain in full force and effect.
IN WITNESS WHEREOF, this Declaration has been duly executed
by the Declarant this
day of September, 1977.
RICHARD R. GRIMES
BARBARA L. GRIMES
STATE OF COLORADO
)
) ss.
)
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this
day of September, 1977, by Richard R. Grimes and Barbara L.
Grimes, husband and wife.
Witness my hand and offical seal.
My Commission Expires:
Notary Public
- 7 -
,
J
PETER VAN DOMELEN. P.C.
ATTORNEY AT LAW
SUITE 202 MILL & MAIN BUILDING
400 E. MAIN STREET
P.O. BOX BDD9
ASPEN. COLORADO 81611
{3D31 925.6415
September 12, 1977
City Planning Commission
City of Aspen,
Aspen, Colorado
RE: APPLICATION FOR SUBDIVISION EXEMPTION
Gentlemen:
It is requested that the fOllowing described transaction be
exempted from the definition of "Subdivision" under Chapter
20 of the Aspen Municipal Code.
1. The premises involved are legally described as:
Lot 12, Pitkin Mesa Subdivision
City of Aspen, Pitkin County, Colorado
2. The premises are zoned R-15 under the Zoning Code of
the City of Aspen.
3. The improvement situated upon the premises consists of an
existing duplex, which is a permitted use within the R-15 zone
district. An improvement survey is enclosed herewith.
4. Applicant, Richard R. Grimes, is the purchaser of the pre-
mises under a Receipt and Option Contract dated August'25, 1977.
A copy of the Contract is enclosed herewith.
5. Upon closing of the purchase, Applicant desires to sub-
divide the existing duplex through Condominiumization. This will
be accomplished by placing a Declaration of Restrictions on the
premises which will provide for the ownership of the premises by
two individual owners, as Tenants in common, together with the
exclusive right to use and occupy one of the duplex units. A copy
of the proposed Declaration of Restrictions is enclosed.
,
City Planning Commission
September 12, 1977
Page Two
An exemption from the definition of "subdivision" is requested
on the grounds (i) that the subdivision of a duplex through the
condominiumization thereof is not within the intent and purpose
of the subdivision ordinance, and (ii) that the granting of the
exemption will not be detrimental to the public welfare or injur-
ious to other property in the area in which subject premises are
situated.
In accordance with the policiies of the City of Aspen, Applicant
is willing to accept the following as conditions on the grant of
the requested exemtpion:
1. The payment of the required Park dedication fees.
2. A restriction of rental of the Condominiumized units to
periods of not less than six successive months, or in the alter-
native to not more than two short term periods within any calen-
dar year.
'3. A right of first refusal being extended to the then tenants
of the Condominiumized units in the event of a sale thereof within
90 days after the grant of the requested Subdivision exemption.
Your favorable consideration of this request will be appreciated.
./1
)
Yo l~~
Pe er Van Domelen
Attorney for Applicant
Richard R. Grimes
Enc.
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LEGAL DESCRIPTION
0- PIHS SET
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Lot 12, Block 1 of Pitkin Mesa Subdivision,
. Pitkin County, Colorauo.
1I~?ROVHiEtlT SURVEY DATE
-}(.. i. ':
SURVEYOR'S CERTIFICATE
I HEREBY CERTifY THAT A flElO SURVEY WAS CONDUCTED, UNDER MY SUPERVISIOH ON TNIS
DATE, OF THE ABOVE OESCRIBED PROPERTY, AHD THAT All BUllOIHu IMPROVEMENTS,
EASEHEIITS, RIGHTS-Of-WAY IN EVIDENCE OR KNOWN TO liE ARE CORRECTlY SHD7IN OH THE
ADOVE PLAT. I fURTHER CERTIFY THAI THERE ARE NO ENCROACHMEIlTS BY, AND/OR ON THIS
PROPERTY, UHlESS SO HOTEO. TillS PLAT SHOUlO HOT BE USEO FOR THE lOCATION OF
FUTURE PERMAHEltT H1PROVEHEHTS. :.:'.,.~-' ~!
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Cl'll';~ II; :,1,,111 ,; Re!lhtcrcu'L~nd Surv,y"I',
(.o1or<1do lI!'l'. fml \1\li,J
'January 13. 1971
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GREElEY, GRAIIO JUllCTlO,., U(i'H,I, COlOi;~t'~ ! 71-;>r. '7, ,.,
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The prlnl,rd porth,n of this torm .ppru'f'ed by the ,....,..... ,
Colorado Nul t:datt COlllmi..i.n (Be 20.10.751
- RECEIPT AND OPTION CONTRACT
(RESIDENTIAL)
'-
Auqust 25
RECEIVED FROM lHrHl\l1n 11 Gll:rMES - - - -
Pun:haser(h'jfiJ(0#'It!>. the sum of$ R, 000 00 . in the form of --Check
to be held by H~n~ of 1\>>ppn I1pi'llt-y I broker, in his escrew
as earnest money and part payment (or the following described real estate situate in the rit-y
County of Pitkin ,Colorado, to wit:
.
LOT 12, PITKIN MESA SUBDIVISION, according to the amende
recorded in Plat Book 4, at Page 191 in the pitkin Count
Recorder's Office, County of Pitkin, State of Colorado.
to Deed Restrictions, covenants, and easements of record
with ~U improvements thereon and all fixtures of a permanent nature currently on the premises
provided, in their present condition, ordinary wear and tear excepted, known as No.
which property ~urchaser aJ;rees to buy upon the following terms nnd conditions, for t~
$<}'i.000 00 t payable as follows: $ 8.000.00 hereby receipted for, $
. of'Cashier's certified funds
in the form check or on OJ:;
September 30, 1977 .
-
I. If a note and trust deed or mortgage is to be assumed, the purchaser agrees to pay a loa-. t
exceed $ and ~t is a condition of this contract that the purchaser may ass
Lrance without change in its terms or conditions except nn+- "ppli,."hlp
2. Price to include any of the following items currently on the premise-s: Lighting, heating anlC'lp
,
all outdo(lr plants, window and pon:h shades, venetian blindg, storm wind~ws, storm doors, screen.s,.
ery rods, central air conditionin~, ventilating fixtures, attached TV antennas, attached mirrors,. .
water softener (if owned by sellf-r), fireplace screen and ~rate, built.in kitchen appliances, waU
if t=lnn in +hp;r rrp~p.n+ "rl~-;C:::" "OTJdit-ion
~.
all in their present condition, free and clear of all taxes, liens and encumbrances except as provid
provided, however, that the following fixtures of a permanent nature are excluded from this sale:
3. M .)l'st,Actft.f itI./to jail pr,6pertYJferAfil<I II d,,(e.,6r Acurrent commitment for title in8U
amount equal to the purchase price, at seller's ojt/c;fl/"Y'f expense, shan be furnished the purck:o
Sppt-f'mhf'r 10t-h ,19Il.,INY''lfil1-'ft/P'frlltofftl'1tfeJ'fs/,'I't<;k.
deliver the title insurance policy to purchaser after closing and pay the premium thereon.
4. Title shall be merchantable in the seller. Subject to payment or tender as above provided
the other terms and conditions hereunder by purchaser, the seller shall execute and deliver a.go
hPnprrll - warranty deed to said purchaser Of'! <=:epteJllber :3
or, by mutual aj::"reement, at an earlier date, conveying said property free and clear o'f all taxes..e:
taxes for 19~1, payable Januar)' 1,19."LS.-. and except none
free and clear of all liens for special improvements now instal1ed, whether assessed or not; free and
and encumbrances except eas~ments for telephone, electricity. water and sa.nitary sewer, and except.
and subject to building and zoning' re~ulations, and restrictive covenants of record. Any encumbran
paid may be paid from the proceeds of this transaction.
5. General taxes for 19:::J.L shall be apportioned to date of delivery of deed bn~ed on the most r
most recpnt a~~e:-;smcnt. Prepaid rents, water l"l'llts, ~ewer rents, FHA mortgaR'e insurance premium
enculllLl'an("e~, if any, anti
~hnll be npportiOlwd to date of deliv('ry of deed.
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No. SC 20.) 0.75. IhOC't"ipl .lId Uplinn ('unlran tU....id..nli.ll- Bl /lllfunl :'ul,li~hlll).! Cu.. 1"':.!,I"~I; ~I(>ut Slrl"t"t.Il"Il'"N, Colnnld" 6-'K'..
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6. The hour and place of~{osing shall be as JcsiJ,cnaled by --Hans-oLASPEN-REALTY
7. Possession of premises shall be delivered to purchaser on _day nf r:' nsin~
subject to the following lenses or tenancies: non e
If the seller fails to deliver possession on the date herein specified, the seller shall be subject to eviction and shall be
liable for a daily rental of$ ? n n n until possession is delivered.
8. In the event the premises shall be dama~ed by fire 01" other casualty prior to time of closing, in an amount of not
more than ten per cent of the total purchase price, the seller shall be oblig-ated to repair the same before the date herein
provided for delivery of deed. In the event such damage cannot be repaired within said time or if such damqe ..hall...
exceed such sum, this contract may be cancelled :\t option of purchaser. Should the purchaser elect to carry out this
agreement despite such damaJ{e, such purchaser shall be entitled to all the credit for the insurance proceeds l'esulting
from such damage, not exceeding, however, the total purchase price. Should any fixtures or services fail between the
date of this agreement and the date of possession or the date of delivery of deed, whichever shall be earlier. then the
seller shall be responsible for the repair or replacement of such fixtures or services with a unit of similar size, age and
quality or an equivalent credit.
9. Time is of the essence hereof, and if any payment or any other condition hereof is not made, tendered or performed
as herei." provided, there shall be the foUowing remedies. In the event a payment or any other condition hereof is not
made, tendel'ed or performed by the purchaser, then this contract shall be null and void and of no effect, and both parties
hereto released from all obliJ{ations hereunder, and all payments made hereon shall be retained on behalf of the seller as
liquidated damages, In the event that the seller fails to perform any condition hereof as provided herein, then the
purchaser may, at his election, treat the contract as terminated, and all payments made hereunder shall be returned to
the purchaser: provided, however, that the purchaser may, at his election, treat this contract as being in full force 811d
effect with the right to an action for specific performance and dama~es.
10. In the event the seller fails to approve this instrument in writing on vr before ~prrpmbpr c;. ' q77 _
19~, or if title is not merchantable and wl'itten notice of defects is given to the seller or agent within the time herein
providedfor delivery .)fde.ed 3.nd shall not I)e Tj:tnrl~r~rl t!lercI,~nt~hle witJ,in:iO rlay~ ::\f't.cT!'luch written noti('e, then this
contract, at purchaser's option, shall be void and of no effect and each party hereto shan be released from a11 obligations
hereunder and the payments made hereunder shall be l'eturned forthwith to purchaser upon return of the abstract. if
any. to seller; provided, however.. that in lieu of correcting such defects, seller may. within said 30 days, obtain. a
commitment for Owner's Title Insurance Policy in the amount of the purchase price showing the title to be free' from
such defects and seller shall payiul! premium for such Title Insurance Policy.
11, AdditonaJ Provisions:
It is her~~itft expressly understood between the parties of this
Contract/as well as between purchaser herein and Broker herein
that th~ subj~ct prope wa~ offered and shown to purchaser herein
on August 2tf1977, i i present "as-is" structural condition and
a 11 ~ecessa v l:'lDa' 11 be at the sole cost' of Durchaser
J."2. pon apprc:Y l1e;e' "Dy sell IS agreement shaff oecome a contractoetweerr seller anupurchaser and
sha nuret, ebene~ heh rse orsand assignsorsaid parties.
-G!,(/v"j/ r. r'-7i/f)
/ / - Agent
~
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,
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By:
Pun:haaer
Date
Broke
Seller approves-the above contract thi~ 16 day of and agi-ees
to pay a commission of S; v ~ of the gross sales price for services in this lon, and agrees that. in the
event or forfeiture ot payments made by purchaser, such payments shall be divided between the seHer's broker and the
seller, one-halfthereofto said broker, but not to exceed the commission, and the balanc, to the seHer.
~...Sl~e}n~
Seller
WENDY CRA N
~CZ-
Seller
DUNCAN CRAVEN
Purchaser's Address '"'In II <o:p"ng1 nw r II <o:p"n , rn1 n
R 1/;11
.
Seller's Address
?~?~~ MMrirn~~ np nrn
Malibu, CA 90265
'.j- .
,
DECLARATION OF RESTRICTIONS
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, RICHARD R. GRIMES and BARBARA L. GRIMES, husband
and wife, (hereinafter collectively called "Declarant"), are the
owners of the following described real estate, to-wit:
Lot 12, Pitkin Mesa Subdivision,
County of Pitkin, State of Colorado;
WHEREAS, a duplex building consisting of two apartment units,
which shall be known as the North
Apartment Unit and the South
Apartment Unit, and other improvements appurtenant thereto have
been constructed on the property; and
WHEREAS, Declarant desires to convey undivided percentage
interests in and to the Property and to establish a plan for the
use and co-ownership in fee simple of real property estates con-
sisting of co-ownership by two individual owners, as tenants in
common, of all of the Property, together with an exclusive right
to use an Apartment Unit in the Building as hereinafter provided.
NOW, THEREFORE, Declarant does hereby publish and declare
that the following terms, covenants, conditions, easements, re-
strictions, uses, limitations, and obligations shall be deemed
to run with the land, shall be a burden and a benefit to Declarant,
its successors and assigns and any person acquiring or owning an
interest in the subject property and improvements, their grantees,
lessees, successors, heirs, executors, administrators, devisees
or assigns.
1. Definitions.
(a) "Apartment" or "Apartment Unit" means an individual
unit, consisting of enclosed rooms occupying part of the Building
and bound by the interior surfaces of the perimeter walls, floors,
ceilings, windows, doors and built-in fireplaces, if any, of the
Building constructed on the above-described real property, together
with all fixtures and improvements therein contained, but not includ-
ing any of the structural components of the Building within an Apart-
ment Unit.
(b) "OWner" means any person or entity, including
Declarant, or any combination thereof, owning an undivided interest
in the Property, the term "Owner" shall not refer to any Mortgagee,
as herein defined, unless such Mortgagee has acquired title pursuant
to foreclosure or any proceeding in lieu of foreclosure.
(c) "Mortgage" means any mortgage, deed of trust or
other security instrument by which the interest of any Owner is
encumbered.
- 1 -
, ,
(d) "Mortgagee" means any person named as Mortgagee
or beneficiary, including successors and assigns thereof, under
any mortgage which the interest of any other Owner is encumbered.
(e) "Common Area" means and includes all portions of
the property except the Apartment Units, including, but not limited
to, the following:
(1) The land on which the Building is located;
(2) The foundations, columns, girders, beams,
supporting walls, floors, and ceilings; exterior walls and sur-
faces, roofs, balconies, patios, terraces, walkways and stairs
or stairways of the Building;
(3) The yards, gardens, parking areas, and stor-
age areas;
(4) Any installations consisting of equipment
and materials making up any central utility services;
(5) In general, all apparatus and installations
existing for common use;
(6) All other parts of the Property necessary or
convenient to its existence, maintenance, and safety, or normally
in common use;
(f) "Limited Common Area" means any Common Area des-
ignated herein for exclusive use by an Owner. Any balconies, ter-
races, porches, patios, stairs or stairways and storage areas which
are commonly identified with or appurtenant to a particular Apart-
ment Unit shall be Limited Common Area for the exclusive use of
the Owner having the exclusive right to use such Apartment Unit.
(g) "Property" means and includes the land, the Build:-
ing, all improvements and structures thereon, and all rights, ease-
ments, and appurtenances belonging thereto.
(h) "Building" means the building improvements com-
prising a part of the Property.
2. Use and Occupany. The use and occupancy of the Property
shall be governed by the following provisions, to wit:
(a) Subject to the limitations contained in this Declar-
ation, each Owner shall own an undivided fifty percent (50%) interest
in the Property together with an exclusive right to use one of the
Apartment Units in the Building, the non-exclusive right to use and
enjoy the Common Areas and the exclusive right to use and enjoy any
Limited Common Areas appurtenant to an Apartment Unit.
(b) Each of the respective Apartment units in the du-
plex residence situate on the subject Property shall be used by the
Owners thereof as a single family private residence, in accordance
with the then applicable zoning.
(c) In the event of the lease of an Apartment Unit, the
lessee shall not be permitted to keep or maintain any pets or domes-
tic animals on the Property.
3. Maintenance and Alteration.
(a) Except as hereinafter provided, the interior (includ-
ing, for the purposes of this sub-paragraph, window glass) of each
of the Apartment Units shall be furnished, maintained and repaired
at the cost and expense of the Owner having the exclusive right of
occupancy and use thereof; and, further each Owner shall be indivi-
dally responsible for the care, maintenance and expense for that
portion of the Building in which the Owner has exclusive right of
occupancy and use;
(b) Each Owner shall share equally the costs and res-
ponsibilities of ordinary maintenance and repair of the Common Areas.
- 2 -
, ,
(c) No material alterations, including but not limited
to, architectural, aesthetic or structural alterations, may be made
to or upon the said Common Area without the consent of both Owners
thereof; provided no Owner shall arbitrarily or unreasonably withhold
his consent.
4. Insurance. Each Owner shall share equally in the cost
of maintaining fire and structural casualty insurance covering the
Property, in an amount to be mutually agreed upon by the Owners,
which policies shall recite each of the Owners as named insured,
as their interests may appear, and which in no event shall be less
than the replacement value of the Building. Further, each Owner
shall share equally in the cost of maintaining liability insurance
in an amount sufficient to protect each Owner in the event of
personal injury on the Common Areas resulting from failure to re-
pair or maintain such areas. In the event negligence on such
Common Areas is solely attributable to one Owner, the other Owner
shall not be liable for contribution.
5. Destruction. Damage or destruction of the Building as
a result of fire or other casualty shall be governed by the follow-
ing provisions:
(a) In the event of damage or destruction due to fire
or other disaster, the insurance proceeds, if sufficent to recon-
struct the Building, shall be promptly applied by the Owners to
such reconstruction, subject to the rights of Mortgagees and sub-
ject to the rights, if any, of mortgage insurers of such Property,
which Mortgagees and insurers shall be notified, in writing, of
such damage or destruction, within 30 days thereof.
(b) If the insurance proceeds are insufficient to re-
pair and reconstruct the Building, the Owners shall immediate'ly
appoint an independent appraiser to determine the percent of the
premises which has been destroyed. If not more than sixty percent
(60%) of the Building has been destroyed, such damage or destruction
shall be promptly repaired and reconstructed, with the cost thereof
in excess of the insurance proceeds to be borne equally by the
Owners. Each Owner's portion of this excess cost shall constitute
a lien upon such Owner's interest in the subject Property, enfore-
able by the other Owner as provided in paragraph 10 below.
(c) If the above mentioned appraiser determines that
more than sixty percent (60%) of the Building has been destroyed,
and the Owners have not reached a mutual agreement to reconstruct
said duplex within thirty (30) days following the delivery of such
appraiser's report, the remaining Building subject to the rights of
Mortgagees, shall be sold, and the costs and proceeds of such sale,
together with the insurance proceeds, divided equally between the
Owners.
(d) Each Owner hereto shall be solely responsible for
obtaining and paying for fire and other insurance coverage on such
Owner's furnishings and other items of personal property, and for
casualty and public liability insurance coverage within that portion
of the Building for which such Owner has the exclusive right of
occupancy and use.
- 3 -
6. Taxes, Utilities and Common Costs.
(a) Each Owner shall be responsible for timely pay-
ment of the general property taxes levied upon such Owner's interest
in the Property; provided, however, that until such time as said
taxes shall be levied separately upon each Owner's interest in the
Property, said taxes shall be shared equally by the Owner's.
(b) The Owners shall share equally in the costs of
gas, water and other utilities which are metered to the Building
as a whole and not to the individual Apartment Units, and in the
costs of sewerage, trash removal and snow plowing.
(c) Each Owner shall be responsible for the costs of
electricity, telephone and other utilities which are separately
metered to such Owner's individual Apartment Unit.
7. Access. Each Owner hereto shall have the irrevocable
right from time to time, during reasonable hours, of access to each
Apartment Unit and to all Common Areas for the purpose of making
emergency repairs, and for maintenance or replacement of any of the
Common Areas located therein or accessible therefrom.
8. Right of First Refusal. Except for any sale by
Declarant, the sale of an Owner's interest in the Property shall
be subject to the following terms and conditions:
(a) In the event that any Owner receives a bona fide
offer to purchase his interest in the Property, such Owner shall
give written notice of such proposed sale to ther other Owner,
which said notice, being a true copy of said offer, shall state
the terms and conditions, purchase price, and the name of the pur-
chaser. Said notice shall be deemed to be given either when served
personally upon the non-selling Owner or when mailed by certified
or registered mail to the non-selling Owner at his last known resi-
dence or business address. The non-selling Owner shall have a per-
iod of twenty (20) days after the giving of such notice to purchase
the interest of the selling Owner upon the terms and conditions and
for the purchase price as set forth in said Notice. If the non-
selling Owner does not exercise such right to purchase the selling
Owner may then sell his interest in the Property to the person and
upon the terms and conditions and for the price as set forth in
said Notice.
(b) In the event of any default on the part of any
Owner under any Mortgage which entitles the holder thereof to fore-
close same, any sale under such foreclosure, including delivery of
a deed in lieu of such foreclosure, shall be made free and clear of
the provisions of this paragraph 8 and the purchaser, or grantee
under such deed in lieu of foreclosure of such interest, shall be
thereupon and thereafter subject to the provisions of this Declar-
ation. If the purchaser following such foreclosure sale, or grantee
under deed given in lieu of such foreclosure, shall be the then
holder of the Mortgage, or its nominee, the said holder or nominee
may thereafter sell and convey the interest free and clear of the
provisions of this paragraph 8, but its grantee shall thereupon and
thereafter be subject to all of the provisions hereof.
(c) Upon written request of any prospective purchaser
or other interested party, the non-selling Owner shall forthwith,
or where time is specified, at the end of the time, issue a written
and acknowledged certificate in recordable form, evidencing that
proper notice was given by the selling Owner and that non-selling
Owner did not elect to exercise his right of first refusal to pur-
chase.
- 4 -
...., /
9. Right to Reimbursement.
(a) Any taxes, utility charges, insurance premiums or
other costs, which are tobe divided between and shared by the Owners
inter es, may be paid in full by either Owner when deemed necessary
or convenient to do so. In such event, the Owner making such pay-
ment shall thereupon have an immediate and enforceable right to
demand and receive full reimbursement from the other Owner for the
latter's share of the payment so made. The Owner entitled to such
reimbursement shall have an enforceable lien upon the other Owner's
interest in the property for the amount of such reimbursement.
(b) To evidence such a lien, the Owner shall prepare
a written notice of lien setting forth the amount to which he is
entitled, the date due, the amount remaining unpaid, the name of
the Owner and a description of such OWner's interest in the Pro-
perty. Such a notice shall be signed by such Owner and recorded in
the Office of the County Clerk and Recorder of pitkin County, State
of Colorado. Such lien may be enforced by judicial foreclosure by
the OWner in the same manner in which mortgages on real property
may be foreclosed in Colorado. In any such lien filing or fore-
closure, the non-paying Owner shall be required to pay all costs and
expenses incurred with respect to such lien or foreclosure proceed-
ipg, including the costs and expenses of filing the notice of lien
and all reasonable attorney fees incurred prior to and during any
foreclosure proceeding. All such costs and expenses shall be se-
cured by the lien being foreclosed. The Owner making such payments
shall have the right and power to bid at the foreclosure sale or
other legal sale and to acquire, hold, convey, lease, rent, encumber,
use and othewise deal with the same as the Owner thereof.
(c) A release of notice of lien shall be executed by
the Owner and recorded in the pitkin County, Colorado, real estate
records, upon payment of all sums secured by a lien which has been
made the subject of a recorded notice of lien.
10. Enforcement. The covenants, conditions and restrictions
set forth in this Declaration constitute a general plan for the
maintenance, protection and enhancement of value of the Property
and the Apartment Units contained thereon, and for the benefit of
both OWners. Said covenants, conditions and restrictions are
imposed on the entire property for the benefit of the present and
future Owners thereof. Said covenants, conditions and restrictions
are and shall be covenants running with the land or equitable servi-
tudes, as the case may be. The breach of any of the said covenants,
conditions or restriction and the continuation thereof may be en-
joined, abated or remedied by appropriate legal proceedings by any
Owner, or Mortgagee under any Mortgage given for value, all of whom
are hereinafter collectively referred to as "enforcing person(s)".
Damages at law for any such breach are hereby delcared to be inade-
quate. The result of or condition caused by any violation of any
of said covenants, conditions or restrictions is and shall be a
nuisance, and every remedy in law or equity now or hereafter avail-
- 5 -
able against a public or private nuisance may be exercised by
any enforcing person. The remedies set forth herein for breach
of said covenants, conditions and restrictions shall be cumulative,
and none of said remedies shall be exclusive. The failure to en-
force any of said covenants, conditions or restrictions shall not
constitute a waiver of the right to enforce the same thereafter. In
the event litigation shall be commenced to enforce any of said cov-
enants, conditions or restrictions, such enforcing person, if he
prevails in such litigation, shall be entitled to have judgment
against and recover from any defendant (other than nominal) in such
litigation such attorney fees as the court my adjudge reasonable
and proper.
11. Amendment or Recovation. This Declaration may be
amended or revoked at any time by an instrument in writing, exe-
cuted by all of the then current Owner or Owners of the entire
fee interest in the Property, subject, however, to obtaining the
prior written approval of all of the holders of any mortgage of
record in pitkin County, Colorado and covering or affecting Owner's
interest in the Property.
12. Duration of Declaration. Each provision contained in
this Declaration which is subject to the laws or rules sometimes
referred to as the rule against perpetuities or the rule prohibit-
ing unreasonable restraints on alienation shall continue and ,remain
in full force and effect for the period of twenty-one years follow-
ing the death of the survivor of Richard R. Grimes and Robert P.
Winchester, and the now living children of said persons, or until
this Declaration is terminated as hereinable provided, whichever
first occurs. All other provisions contained in this Declaration
shall continue and remain in full force and effect until termin-
ated and revoked as hereinafter provided.
13. Partition Not Permitted. The interests of the Owners
or Tenants in common of the Property shall not be subject to jud-
icial or other partition, and no Owner shall institute any action
seeking the partition thereof.
14. Arbitration. All questions, controversies, disputes,
or matters of interpretation arising under or with respect to this
- 6 -
,.,.~.,
Declaration shall, if written notice of controversy is given to
the other Owner as hereinafter provided, be determined by arbit-
ration in accordance with the procedure hereinafter provided. If
any written notice of controversy is filed with the other Owner,
the matter shall be determined in accordance with the following
procedures: As promptly as possible after receipt of such notice,
the matter shall be heard by the arbitrator who is a member of
the American Arbitration Association, according to said Association's
rules and procedures, ata convenient location in Pitkin County,
Colorado. The decision of such arbitrator shall be binding and
conclusive on all Owners. Any determination, decision or action
as aforesaid shall be upheld by the arbitrator if it is or was
authorized or proper under this Declaration or consistent with the
overall purposes of the Declaration. Costs of any arbitration shall
be borne by the Owner against whom the decision in arbitration is
made.
15. Severability. In the event any covenant, condition,
restriction or provision contained in this Declaration is to be
held invalid, void or unenforceable by any co~rt of competent
jurisdiction, the remaining portions of this Declaration shall,
nevertheless, be and remain in full force and effect.
IN WITNESS WHEREOF, this Declaration has been duly executed
by the Declarant this
day of September, 1977.
RICHARD R. GRillES
BARBARA L. GRIMES
STATE OF COLORADO
)
) ss.
)
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this
day of September, 1977, by Richard R. Grimes and Barbara L.
Grimes, husband and wife.
Witness my hand and offical seal.
My Commission Expires:
Notary Public
- 7 -
CUSTOMER
CITY OF ASPEN
FINANCE DEPARTMENT
CASHIER'S RECEIPT
01-111 LICENSES & PERMITS
511 0 BUSINESS LICENSES
512 0 SALES TAX LICENSES
513 0 BEER - WINE, LIQUOR LICENSES
514 0 CONTRACTOR'S LICENSES
516 0 LIQUOR LICENSE APPLICATION
517 0 DOG LICENSE
518 0 CENTRAL ALARM LICENSE
519 0 BICYCLE LICENSES
520 0 EXCAVATION PERMITS
521 0 CONSTRUCTION PERMITS
522 0 ELECTRICAL PERMITS
523 0 PLUMBING PERMITS
524 0 HEATING PERMITS
525 0 SEPTIC TANK PERMITS 01-988.632.03 0 XEROXING (DESCRIBE)
~ '
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'.-' _.~t -
Iti OTHER - ACCT, NO~ 'I I I '. /::1 /l (i'L
DESCRIPTION, (NAME, NUMBER, ETC),
01-111 FINES & FORFEITS
561 0 COURT FINES
562 0 COURT BONDS - FORFEIT
563,01 0 TOWING FINES. IMPOUND
563-02 0 TOWING FINES. NOT IMPOUND
564 0 TRAFFIC FINES
566 0 FALSE ALARM FINES
568 0 DOG IMPOUND FINES
569 0 OTHER FINES & FORFEITS
01-111
579
589
OTHER MI5C, REVENUES
o MAPS, CODES, ZONING REGS,
o OTHERS (DESCRIBE)
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11/10111