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HomeMy WebLinkAboutcoa.lu.ex.333 W Main St.Herron Apts.1983 Io:;'~'. ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 925-2020 " LAND USE APPLICATION FEES City 00113 - 63721 . 47331 - 52100 GMP/CDNCEPTUAL 63722 - 47332 - 52100 GMP/PRELlMINARY 63723 - 47333 - 52100 GMP/FINAL 63724 - 47341 - 52100 SUB/CONCEPTUAL 63725 - 47342 . 52100 SUB/PRELIMINARY 63726 - 47343 - 521 00 SUB/FINAL 63727 - 47350 - 52100 EXCEPT/EXEMPTION 63728 - 47350 - 52100 REZONING 63729 - 47360 - 52100 SPECIAL REVIEW SU8-TOTAL County 00113 . 63711 - 47331 - 52200 GMP/GENERAL 63712 . 47332 - 52200 GMP/DETAILED 63713 . 47333 - 52200 GMP/FINAL 63714 - 47341 - 52200 SUB/GENERAL 63715 - 47342 - 52200 SUB/DETAILED 63716 - 47343 - 52200 SUB/FINAL 63717 - 47350 - 52200 SPECIAL REVIEW 63718 - 47350 - 52200 REZONING 63719 - 47360 - 52200 SPECIAL APPROVAL SUB-TOTAL PLANNING OFFICE SALES 00113 . 63061 . 09000 - 52200 COUNTY CODE 63063 - 09000 - 52200 ALMANAC 63062 - 09000 - 00000 GMP 63066 - 09000 - 00000 COPY FEES 63069 - 09000 OTHER SUB-TOTAL TOTAL Name: E.1J <::::::A-pr \ \ V' n Address:-/-I'()"I-- fvft?:,) V' Check No. /j (\ 4- Additional Billing: ... i/J,5" (V> Lj/.,C;- III Phone: rj]c::- f)-7c,-7 Project: 11 r rr ,:' '"" , I ~I.:>,,", J Date: ~-"'?( J-? - No. of Hours: __...."..,~.~_~~ ,.....___._~."~_"~._,.,'_..,,.,..___._-'.>-'V.~.~.~".~.~_.. .' __'.' ~.___"'." '-_".__ " """....... CITY OF ASPEN .. MeMO mO:GAR,," "ARY 1{~ t. ev:- if" 5'!S~ 1,. r4 tS f1'<~ D+' t'joC ~i~ ~~ ~\t5' t' ..f.. C;" I ~~ .;t tk",t4 ~~. . 3' ~ ~ P't ~ fI(\!-;) ~ ~~ d\ 6tlA l"~ !!>(lMtk. 'Y. ~ P6't'V~~ ' Gr? ~I (1 ",.t t r4,iA r ~ <h . rr ~. ~ .- . \ \ ,p . ' . ., , ., I f 't . . ......._..-...:. ._.....~^~--_.....--..- "-. ~ uJ; t 1 9;21- ::;,;~~ lJ \J yTY OF ASPEN 0 MEMO FROM COLETTE PENNE " ~ ., \, ~. I ., ~ i I , ~ q I' II lii hi U ~ ( ~ i; 11, t.- ';i ~:' ii .. . If d H ~. ; ~! n H n~ ~${)/~~L ivtk I. or ~ ;L ~ ~Qrs. (hnA~ ~()J 2. uJQ. Q..~~ -fj:S2. .s~. (~y~;-kj. e7J l.--.;r) \J 3. ;Vo~ f~l; c L,rv&-s. ~ Mdrts~. ./. ~A ~ ;1{a;,{OY PYb-/~ \J U \J Ch~ck C,;((/Vl-S 5 to O~'t- L V\-O~t..S ~ i ,,( 'l ., 't h " 'J :1 'I J ti " iI ;1 il II 11 ,I ;1 Ji !i ii H ~l I! i.1 11 {j .1 " ;! / 1/ nfl' - L L' '. i -Cn r {(). f'.....-o.JL.Y,r\- ' S ~~ , Uj / J ~ Bt.~-fo~o ;' +~~~ ~'JJ IS~ 1 U\ ~e.J. (~~~ ~.Jai?~ 1.&o~~:.~---~. <", " ~;; ~: t, , ." " " I: ii t i , t' I ._ \. --.T_..___.~_. -...~. .. . , " -~<.-~------,._...... ...... , .' ' . . CITY OF ASPEN. MeMoCRo:GARH"ARY 1ftfJ [. ev:- if" 5'!S~ 1,. r4 ~ f1'<~ (f t'j.,(" ~i~ ~~ ~\t5' t' ..f.. CJ., I ~~ .;t ~"1 ~~. . 3' ~ ~ P'1 ~ fI(\T,-;) ur40 .!zv.. <h 6'~ '''~ ~(~k. 'Y. ~ p~~~ ' Gr? lQcc, (1 ""l t c4-V,iA r ~ ~ . rr ~. ~ - BOJK I. (I ~(\ (1. 'i-4.o f:'J~'.,..U'J Real Estate Sale'l/Rentals L omes POWER OF ATTORNEY \ t',. i,' i :,:, ~j,,;,,~ :,:,:,~: \ ~ :.' r:i:Ji' ." I, Arna Fronsdale, as Principal Agent for and of Grape Carriage, Inc., I appoint William L. lawful agent and attorney, with full power to my name, to do only the following: General Partner Stirling my,,\, 7,' act for me', -''"in - ^ i::' r.' ;. ',I, w~ I J ..;., ~:" ( (1) Sign the revised condominium map as my attorney-in-fact for the Carriage House unit of the Herron Condominium Association. (2) Make, endorse, accept, receive, sign execute and acknowledge any other documents related to the new legal description for unit no. lA of the Herron Condominiums for Grape Carriage, Inc. This Power of Attorney terminates upon completion of the above tasks. Third parties may rely upon the representations of my agent as to all matters relating to any power granted my agent, and no person who may act in reliance upon the representations of my agent or the authority granted to my agent shall incur any liability to me or my estate as a result of permitting my agent to exercise any power. Third parties may rely on photostatic or xeroxed copies of this Power of Attorney, if certified by the attorney-in-fact. Principal: fl.~\~" Gr~pe carriage, inc~, by Arna Fronsdale~ Executed ~this ,y'::!... day o~, ( Witness my hand and official seal. My commission expires Notary Public 19~. 1~, .../"1. / ~,:/., CI , ,-- William L. Stirling STATE OF COLORADO . ) .......C.'?u~ty of 1;'(/(,,,,1 ) ss. ~ 1~~'1o~o\?g ~n~trument was acknOw~edged Jefor~his ~day of~//r, {;. _ '.,"'by CJ; //.1011- .67/1/';;;6 and Witness my My commission expires .;!//t'/F'- 3r. f,!{J'1( . Notary Public . ~2 _~'....:- ,., '''',. , 600 East Main.Aspen.Cclorado 81611 303/925-5757 &;c~/ " ~ - T L..L L~J v1 L( "'" be1 _5" q rc- .J e '- k ~1/O.... C...-'- ..~\-l. c_ c-!.eed. <tt+<7 c. k c ~ '1:....( ._~\.,~ Gk~,_{L. .~~ V'""'-- <::- ~ \' '+ ........) e,.. .~"'''! t\c...,.." t:...3 l s: K~ -- .c:7 . e.......,,'::) l." (.4., l ( \-4-\ c:.. . -Also . I I I / t...J t... e. "'-- 41..~-- doee-. ~ l'...s f'e.L..~ ".. d e.- 2.. f I ~"'.$...... ~<:. \ I He... c"....d. /+:. ",-" I( ~<!.+ q~... t L '" ~ To 1..."'\ +,,,, ~e-i. -+t,. c # ,.e..\~~e.d_ ...L.. "7(( fe- e-, 'a;-te..-- +I,..s "l Jo+ C<"'LcL o'--'e.- ;Zo........ C>tA e..- If )5- ?f6 r~ G-feJc W :s~,-t- " '. '~... l<:.-. .......~..., ,'-,> - .-' Rt'corded at ___ -___o'clo('k____ M.,_ Reception No. __.~____ _____~_ Recorder. Tills DEED. Made th;, \ '=> fl.._ day of February 1983 '750 ! . betw'.'t.'n Stephen F. Wishert a/k/a Stephen F. Wishart County of Pitkin ~ Barbara Jean (' h.J/ /ifU wh(lst'leKnlllddn'~s is 333 lol. Main Uni t / Aspen, Colorado o(th. County of Pitkin Co!orado,lJfthf> ~H'cond part: ofthl' nul! Stnh' ofColurndo, of the fir.!Ot purt, Hnd Robinson lB, 81611 and State of WITNESSETH, Thut tht, solId part Y ofUw first part, for and in considt.'ration of TEN DOLIARS and other good and valuable =nsideration .6MA/AlTii to the 5aid part Y of the first part in hand paid by said part Y of the second part, the receipt whereof is her('by t'onf(>ssed and acknowlt'd~t'd, ho S ~ranted, har~ained, .!Oold and con veyed, and b)' these ~)resents do es grant, bBrj{Bin, sell, convey and confirm, unto the said part Y of the sPcond part, rerheirs knd Bssi~ns for. evt'(, ull tht' folJowin~ dt's('rihed lot or parc(>1 of land, situlItl',I)'illj{ and IwinK in the Coullty o( Pitkin llnd ~-itah' ofCulortlllo, to wit: Unit IB BUIIDING A HERRON APAR'IMENTs, A Condominium \ ac=rding to the Condominium l'lap of H=rron Apc;rt:nents filed for record and the Cnnr'l""'lifliHlll "---l;'I1:..ation for Herron Aparbrents re=rded in Book 237 at Page-368. --- ,) also known as stre-pt and number TOGETHER with nil and .!':in~ular the hereditaments and appurtl'nan(.es ther-eta belonging, or in anywi~e apper- taininK. and the fl'vl'r!'ion and n'versions, remaindt>r and remainders, rt'nts, issues and profits thereof, and ....11 the ('stat(', right, litle, intl'rt.'st, daim and dl'mand whatsoev('r of the said flilrl Y of tl1(> first 'Iart, either in Jawor equity, 0(, in and to tht> nbov(> bargairwd f)f(>misl's, with tht' herl;>ditallJt'llts and 81)flurtenanct:'s, TO nAVE ,\sn TO nOLI> till' said prcmist's above bargained and described with the appurtenances, unto the said part Y of the s('cond part, her heirs and assigns forever. And the said part Y of the first part, for him self ,his heirs, executors, and administrators, does co\'enant. Krant. bargain, and agree to and with th(' said part y of the second partrer heirs and assiKns, that at the time oCthe er.seahn~ and delivt>ry of tht'st, !In'st'ots, he is Wt,1I sei;wcl of t Il<' premises noon' t'unv,,'y('d, as of ~()od, sur~. pel [(>ct, absolute and indd.'asibl,' "s'a',' "r inh...." an,.... in law. in f,.,. si"'ple. and ha S Kood riKht. rnll pOWer and authority to ~'4It, har~aill, :,wll alltl ('011\'1')' lilt' sallW ill 1I1alllWr and [orm us afol"t'said, and thutthe saml.' :tH' frcl' and cl('ar from all (oruH.'r lInd fit Ill'" grants, hUI'J{ains, sal('s, liens, tax(>s. aSl'll.'l'lSIlll'nts and ('ncumLrann>s 01' whatever kind of nature soever. EXCEPl'taxes for the year 1983, payable in 1984; the lien of that certain deed of trust for the use of Aspen Savings and !Dan Association recorded in Book 330 at Page 863 of the records of Pitkin Ccmnty, Colorado, securing a promissory note, payrtEnt of which by its tenns has been and by this instrument is hereby assllIlEd by the party of the second part; (over) :1 I, Ii I! , ,ood Ill<' abo",' bar~ain..d pr..mi-,<'s in Ibequiet and peareaLle possessi"n orthe said part y oft!.e serond part, her heirs and aSS'~ns a~ain'l all and <"'...y 1"',"001 or persons lawrully ..;all"inKor 10 rlai", the whole or any part the'reof, the said part Y oftht' first part sh.dl and will \\'AHRANT AND FOREVER DEFESD. IN WJT~ESS WIlEIU:OF, t hi' said IIarl y of lilt' first Jlart ha S hncllllto St't his hand and s..al tlo' day and y,""' ri"st ab'n<' wr.tl,'n, Q \ L~ ~v4---., . . ' Step~;:'- F ~iSCifa/k/a S~fui1lf:A Mshart i :1 n _. _(SEAL) STATE OF rOLOJ(AIJO. COUlIly IIf Pitkin ) ss, - .-- ---- ------ .--__ISEALl Thl' fOl'l'g'UJllJ: illstrullu'/J1 \"'01.. al'knowlt'dg-t'd bt'f(Jrt' lilt' this \~.) --\ L.- da\' of 1!,83 . hy Stephen F. Wishert a/k/a Stephen F. Wishart . /,;. I (,. , 1"-(., (., --~\~^,--Q 0~ V hu " ,(\ 'l... ~ ') Nutary J'ubllt' February ~1)' COllllni..sioll I'Xjllft':< . Witnt.ss lll~' hand <Iud offiC'llll ",'al. Nu. 932 WAHHANTY IJEE1J,_t'ur Pbulo.,.aph1r llH-unt_ UI."tr"',II'Ilt>I"IHII~. \~_'\" ,.,1, "",' I ~h.."".J (.()"lI:.~ _ (lUlj ~; I I.' lI" l,,~ ~ 'optUOTCU 'kltltlCO uPf-Hd ;):0 sp.IOO<I:r an ;):0 a9E a6ed =le LEZ )(0CJg u"F pap.Iooa;r wn"fU1U.'OpUq) S=l11alQ..red\f UO.I.ICH .Io;): uone.repCG wn"Fu-pa::lpUCU u"F palIJl?=luo~ se Suonennqo pUt? suon~"F.T.Ise.I 'suon"Fpuoo 'suu;oq CXl .KY.3:r\IDS - : SNOI.KY.3:r\IDS ." ~ ] c ,; .! 0 . ^ . '" >. ." . ; . . ~ . ." 0> ." 0 ~ - " . . Cl . 0 . 0 , u '" l:';r:I ~ . c " l:';r:I . ~ E ~ .; ~ ." Cl 0 .. "" . % Q ~ c " c ci . . ~ <( c . .. 0 ;,; u 0: ~ ~ " ~ . ::;: "- . ~ 0 0 0 :2 .~ . ~ X ~ ~. u C ~ f' 0 ~ ~ .c . . ::; c ~ ~ 0: E " u , . . ~ t.. 0 .c u . ~ ~ ;;: ~ li' 0 u :! ~ ~ (.l 0 - . r .; ~ f-o ~ >. -'" .,; " z is " E u . :! . 0 . '0 u .: -;; t.. . en >. '0 ~ " ." C ~ .Q " I .; " ~ ~ . 0 .. , .z ..!, " u % o~ . .c . -" E ~. "" " 0 :::... " 2 >. . " c 0 ~ ...;'., " No. ;;/S-<b3 Staff: &J.et11J/' fP/Y)/Y1R J PROJECT NAME: U/thArn Pitt;/' (J/1I77tld/l'71l-4 - ~~~pJ&~\ APPLICANT: ,5jf)/fj /JJi5h/l:r;lmrh1n1~JPM7i'~ . li REPRESENTATIVE' ~:JhYn,w M~ Ph,"" tJ45-I;;ZI& II TYPE OF APPLICATION: (Fee) I \ CASELOAD SUMMARY SHEET City of Aspen I. GMP/SUBDIVISION/PUD (4 step) 1- Conceptual Submission 2. Preliminary Plat 3. Final Plat II. SUBDIVISION/PUD (4 step) 1- Conceptual, Submission 2. Preliminary Plat 3. Final Plat ($1,840) ($1,120) ($ 560) II I. EXCEPTION/EXEMPTION/REZONING (2 step) L IV. SPECIAL REVIEW (1 step) ($1,290) ($ ,830) ($ 560) ($1,010) ($ 465) 1. Special Review 2. Use Determination 3. Conditional Use Jt- 4. P1dJ-flmerdmel1r Date Referred: & -07 -?3 Sanitation District School District Mountain Bell Rocky Mtn. Nat.Gas Parks State Hgwy. Dept. Holy CrosS Electric Fire Chief Fire Marshall/Building Dept. Other City Electric FINAL ROUTING: ~torney Auilding Da te Routed: (rr;J!) - ,5{3 Engineering Other , , . , \ ) /< . . DISPOSITION: CITY P&Z REVIEW: 0... a..pf ro'oJ CITY P&Z REVIEW: CITY COUNCIL REVIEW: Ordinance No. . " , . ) i , 1 I ! \ ' ..,~ \ 1 . I ,\ I , , ,'''-''', -~ .. .. ,- ~'"..,.; ~'..._--_._--~~~.,,,-,,,,.~-,-- , ",;11 ~~loFASPEN 0 MEMO FROM COLETTE PENNE il 11 , .1 i i I " I 1 I 1 , i "1 'I I 1 I \ I I i ; I ! \ .1 I , , tto~ ~${)/~JjL ivtk I.or ~ ;L ~ ~Qrs. (hnA~ ~()J 2. uJQ. Q..~~ -fj ~ .sIft. (~y~;-kj. e-"!...--.;{) \J 3. ;Vo~ f~/; cL,'v&-s. ~ MdK.S~. 1 ~:ft. ~;t{~v fYb-/~ \J U \j Ut~ck ~((t'Vl.s s: to o~'{-:L yU)~~ ; [ I i ~ , 1 I j I I ~ i ~ , , I to. ~f1 IS ~~. . uJ/~ B~~io_~oo ;' ~~4 ~~oJ IS aY-0 U, ~e.J. (r-a-'+k- ~ ~ .J.a:h~ 1.S.o~~:.J;':t.<><^-- ~. ; l I ! I ! ! , f I . \- . ------,.. ..-.-..--,-- . .. \ \ ' .- I , I I I I j I 1 , , I I i I ~1 , I I I I I I i I " , I I .1 i I .' I . .. , ,,..,..., -' . .. . .......,--':..; ._..""...,....._-_..__...._._.-..._~---.... - tLo--t ~${)/~JJL ivtk I.or ~ ;L ~ ~Qrs. (hnA~ ~()J 2. w-- (~~~ -!L~ SJd 3. No~ K;,};c L:vcSLs ~ Mdrts~. 1 ~A' ~ ;1{CU;{Dr fYO-I~ \J U lJ CJt~ck. ~(I/Vl..s 5 to O~ 't- J-- (\.0 ~~ I I. I t 1 ,~ j I I I h I \ \ j ~. , 1 ~l I: to. ~~ is ~. .. w/~ B~~ iu,~; +h-o--~~ ~~uJJ IS~' U\ ~~. (~i-kr~ ~J.a:h~ 1.$.oo~eOff-<+~.~ VUA-~ ~ ~o, Ju.-s. , t I: II ~I 11 ~, ~I 1 Ii f: f! 1" 1: f .' II '" ." ...-_.~.. ._~_._- ~,--~- . ~ u..\~tl q,vi-~~ ' \.\,. \J yTY OF ASPEN .. MEMO FROM COLETTE PENNE n~ ~ ${)/~JjL ivt k I.or ~ ;L ~ ~Qrs. (hnA~ ~()J 2 [;Jk. "-rn.~ f:j 3, &1ft. (~y~;0 e-o!...--.;{) \J 3. ;Vo~ f~/; c L,'v&-s. ~ Mdrts~. 1 ~:>t. ~ ;t{~r fvo-/~ \j U \J CJ\;ck (1(!/Vl.J; 5" to O~'i- L f\-O~~ ~ 'V 0...0 I S a.J2..C J \ VJ.ule.J. (1-a,'1-kr-- ~ re-c..o .Ja:h~ 1.$oo~E~<-f-~'~ VUA--~ ~ ~o. Ju.-s. " ~ May 25, 1983 Ms. Colette Penne Aspen Pitkin Planning Office 130 South Galena Aspen, Colorado 81611 Aspen City Council 130 South Galena Aspen, Colorado 81611 Paul Taddune, Esq. City Attorney 130 South Galena Aspen, Colorado 81611 Re: Stephen Wishart/Barbara Jean Robinson Ladies and Gentlemen: This application is for a subdivision exemption made pursuant to Section 20-19(b) of the Aspen Municipal Code as recently amended by Ordinance 16, Series of 1983. This application is made on behalf of Stephen F. Wishart and Barbara Jean Robinson, and the purpose is to permit the real property described on Exhibit A attached to become part of Unit lB, Herron Condominiums. The subject property is currently part of the common elements as described on the map. The reason for the application is simply to formalize a situation that has existed for many years. The Herron Apartments are among the oldest condominiums in Aspen, the original map having been recorded on ,19 Unit lB has been owned by Steve Wishart since the structure was condominiumized and the property described on Exhibit A has historically been treated as part of Unit lB. The property is, in fact, enclosed and has been physically part of Unit lB for many years. The purpose of the exemption is to amend the condominium map to reflect what already exists and to include the property within Unit lB. In order to accomplish this it is our view that the following be required: Aspen Pitkin Plar'lng Aspen City Councrt Aspen City Attorney May 25, 1983 Page 2 Office , .~ 1. Consent of all owners 2. Consent of all lienholders 3. An amended condominium map be filed. We have obtained the consent of all owners and lienholders. A list of owners and lienholders, which was prepared by Aspen Title Company, is attached hereto, as well as copies of the consents executed by all necessary parties. An amended condominium map is being prepared for execution by necessary parties in the event this approval is granted. We believe that our situation is exactly the sort of problem that Ordinance No. 16, Series of 1983 was designed to address. All that is requested is the right to amend the condominium map to include property which, while technically designated as common elements, has historically been part of Unit lB. Obviously, no increase in density or use will result and all people who would be effected (owners and lienholders of the Herron Condominiums) have consented in writing to the inclusion. Hence, it is our belief that this request is not within the intents and purposes of Section 20-19 and we would respectfully request approval. We have enclosed a title commitment showing current ownership of the property as well as a check for the applicable fees. We would appreciate as early a setting on the council agenda as possible and hopefully no P & Z action would be required. If you need anything further, please do not hesitate to contact Steve Wishart, in care of John Kelly, 925-1216. tephen F. ar by John Thomas Kelly, his Attorney-in-Fact Aspen Pitkin Pl~ing Office Aspen City Coun~ Aspen City Attorney May 25, 1983 Page 3 ... -", STATE OF COLORADO ss COUNTY OF PITKIN The foregoing instrument was acknowledged before me this ~" day of May, 1983, by John Thomas Kelly, Attorney-in-Fact for Stephen F. Wishart. My Commission expires: u.~ Notary Public Address: Box 4762 Aspen, Colorado 81612 STATE OF COLORADO ss COUNTY OF PITKIN --7 The foregoi~~strument was acknowledged before me this ~\ day of~~-~ , 1983 by Barbara Jean Robinson. My Commission eXPires:C:;-~~ ~ o ary Puq.lj5---...--......r (" ""( ')? Address: ~~~' l~ ~~~ C?~ ~\~\C .J "" ~. EXHIBIT A "'I ,J Alpine Surveys Post OHice Box 1730 Aspen. Colorado 81611 303 925 2688 February 1, 1983 ADDITION TO UNIT IB, HERRON CONDOMINIUM APARTMENTS THAT PART OF THE GENERAL COMMON ELEMENTS SOUTHERLY OF AND ADJACENT TO SAID UNIT IB AND CONSISTING OF THAT PORTION OF THE REAR ENTRY HALL, BEING APPROXIMATELY 4.6 FEET WIDE AND APPROXIMATELY 13.1 FEET LONG AS MEAS~RED FROM THE WESTERLY LINE OF SAID UNIT IB EXTENDED SOUTHERLY, ALL AS IS PRESENTLY ENCLOSED. ,.,"' ....... /' 'lo- .....- OWNERSIlIP AND MORTGAGE LIENS OF UNlTS IN HERRON APARTMENT CONDOMINIUM UNIT NUMBER OWNER MORTGAGEE UNIT I-A, BLDG. A R. PRINA STANLEY UNIT 2-A, BLDG. A JANE CLICK DENA HANOLD $85,000.00 RECORDED 10/6/81 UNIT 1-B, BLDG. A STEPHEN F, InSHERT a/k/a STEPHEN F. WISHART ASPEN SAVINGS & LOAN $16,000.00 RECORDED 6/23/77 PARTICIPATION CERTIFICATE ON ABOVE RECORDED 5/10/78 FIRST NATIONAL BANK-ASPEN $8,154.75 RECORDED 6/29/82 UNIT 2-B, BLDG. A MOUNTAIN STATE COMMUNICATIONS, INC. JENNIFER RICHARDS SABELLA $42,500.00 RECORDED 2/15/80 milT 3 BLDG. A BARBARA H. TRUAN ASPEN SAVINGS & LOAN $27,000.00 RECORDED 9/19/75 UNIT B BLDG. A BARBARA H. TRUAN ASPEN SAVINGS & LOAN $11,000.00 RECORDED 9/19/75 CARRIAGE HOUSE BLDG. B GRAPE CARRIAGE, A COLORADO PARTNERSHIP ASPEN SAVINGS & LOAN $54,250.00 RECORDED 12/17/76 NOTE: although we believe the facts stated herein arc true, it is understood and agreed that the liability of Aspen Title Company, Ltd. will be limited to the amount of the fee charged hereunder. This is not to be construed as an abstract of title, nor an opinion of title, or a guaranty of title. Dated this 9TH day of FEBRUARY,1983 at 8:00 A.M. ASPEN TITLE COMPANY, LTD. , " ''; \\,\\ ') ''--I-v,c*~''-,,- '--,",.J.'_~.-d}J.~ "L-....._ AuthQ\ized Signature FEE $ 50,00 ~ '-' ...., ",->,,; CONSENT OF LIENHOLDER The undersigned, being the holder of that certain promissory note from ~,pphpn Vi ohor' to Aspen SavinQs & J.n~n AI'll'lnr , secured by a deed of trust record~d in Book ~ at page lliLL of the records of the Clerk and Recorder of Pitkin County, Colorado, hereby consents to the inclusion of that part of the general common elements of the Herron Condominiums, Pitkin County, Colorado, as a part of Condominium Unit IB, Herron Condominiums. The undersigned further agrees to execute an amended Condominium Map and such other documents as may be reasonably necessary to make the real property described on Exhibit "A" an integral part of the legal description of Unit IB, Herron Condominiums. ~ ~~ ~'-~ ~~.~~~ NAME OF LENDE Bll bra alllson. Vice-P):"es. Aspen Savings & Loan Assoc. STATE OF COLORADO ss. COUNTY OF PITKIN -; The foregoing Consent of Lienholder was acknowledged be~ore me this i4"! day of \1JbWO,'il , 1983 by (J,u1, (, U,co. f1,'JY'" (\(r,1, . as Vke-President of Aspbn Savings & Loan Assoc. WITNESS my hand and official seal. My commission expires: i/,,/?1 'f'Y/JIIJJJ"--'/ k .j~1 Notary P.ublic Address of Notary Public (';'J_r: !f ,., '. f" ,.--;-/! fYi/li, '1 , 1[1';:((/. , . ~ tA() . \M..,. ..\.- B\~ \.6 ~ J'Illo,COO,O"b 1'" ......, " "J CONSENT OF LIENIIOLDER -'.-.----- The undersigned, being the holder of that certain promissory note from Stppnpn Wi ~n"rt to Washington Savings & Loan , secured by a deed of trust recorded in Book 347 at page ~ of the records of the Clerk and Recorder of Pitkin County, Colorado, hereby consents to the inclusion of that part of the general common elements of the Herron Condominiums, Pitkin County, Colorado, as a part of Condominium Unit IB, Herron Condominiums. The undersigned further agtees to execute an amended Condominium Map and such other documents as may be reasonably necessary to make the real property described on Exhibit "A" an integral part of the legal description of Unit IB, Herron Condominiums. STATE OF COLORADO 1 1 ss. 1 ~~~'-~~~~.,~ NAME OF LEN ER Washington Savings " Loan by Aspen Savings and Loan Association it's authorized agent. COUNTY OF PITKIN ~ The foregoing Consent of Lienholder was acknowledged before me this IIf day of .4-~JUzJ ' 1983 by B.u...d. ~~(Y'-/ . WITNESS my hand and official seal. My cormnission expires: Ilycomiriisslon Ekplr~'JiIf1't6;'19Sl D.~ Notary Public Address of Notary Public &.> x. ~:;lC)7 AsnON\ Go 8((0/ ~ F='-' I L.vr-.' ,.., ()\<% \{:, A < '" '~P' " , -' CONSENT OF LIENIIOLDER The undersigned, being the holder of that certain promissory note from Jane Click to Dina Hanold , secured by a deed of trust recorded in Book 415 at page ~34 of the records of the Clerk and Recorder of Pitkin County, Colorado, hereby consents to the inclusion of that part of the general common elements of the Herron Condominiums, Pitkin County, Colorado, as a part of Condominium Unit IB, Herron Condominiums. The undersigned further agrees to execute an amended Condominium Map and such other documents as may be reasonably necessary to make the real property described on Exhibit "A" an integral part of the legal description of Unit IB, Herron Condominiums. /Je Ll ~ )J, ;jr- ~--LJL NAME OF LENDER Dina Hanold STATE OF COLORADO ) ) ss. ) COUNTY OF PITKIN .. The foregoing Consent of Lienholder was acknowledged this /0 day of fcl3,-fa'lfl v , 1983 by .DI:t<JI't &.1-/11f101. I WITNESS my hand and official seal. My commission expires: before me I" 1" 111,..4. ~ A" , A . . I , l . . . . I '.l . \ ~ ~ ~ , "A)( RICHArm D. HO'.V:LL Sf<. g ,}3..1,y':' Ni:I^:ll !'lVll! ~'.llii:il~;UTA ;j"t ",- .. .. "11'" H[_NN.:.I'lr-~ CUU,'~I't ~ ~~;.<' t\~y CClr.m:SSil)ll ExpIres fILar. 25, 1934 E )(yyn"YYYY'j f",'VVVVV"i 'i1'flY~ 'i"'it f'fY'ff'f'41)( t~ p ~--ee "A Notary Public' / Address of Notary Public J().Jc NICu'--LtYr /l-vG. ,f.) /1(.) tJ 11 J\J. Ss if tJ g I. ,. ....'- ", '-";41" CONSENT OF LIENHOLDER The under~igned, being the holder of that certain promissory note from Barbara Truan to Aspen Savings & Loan Assoc. , secured by a deed of trust recorded in Book 303 at page 255 of the records of the Clerk and Recorder of Pitkin County, Colorado, hereby consents to the inclusion of that part of the general common elements of the Herron Condominiums, Pitkin County, Colorado, as a part of Condominium Unit IB, Herron Condominiums. The undersigned further agrees to execute an amended Condominium Map and such other documents as may be reasonably necessary to make the real property described on Exhibit "A" an integral part of the legal description of Unit IB, Herron Condominiums. STATE OF COLORADO ) ) 55. ) ~'^\~'~A~sn^- NAME OF LENDER Bud Abrahamson, Vice-Pres. Aspen Savings & Loan Assoc. COUNTY OF PITKIN : Th: foregoing Conse~t of Lienholder was aCkpowledged befo.re me thJ.s ;,,; ;' day of ,11!t,'/j'iJ-i I , 1983 by /-;ud. ,'J Ad' " ) 'A " , IJ..u', :; t /, ,i., . (', ). as Vi~e-President for Aspen Savings & Loan Assoc. WITNESS my hand and official seal. My commission expires:i;')' , 1'1;1.' 'J ',. '4/ :j(). '-1ld,J;_'fA~./1.J ,.\ ,',,!J Notary P\iblic Address of Notary Public .'!, J'e, /,.1(., i /: lJ/), Ij u" " ',-/ (,),( . {Jf)fJP'-;, (jatu ~ ~;<l f' \b"\~' :0 dJ'O 51 'd."O ,~ it;", .. ,>,;' ."""".,..... COl--:SENT OF LI ENIIOLDER The undersigned, being the holder of that certain promissory note from Barbara Truan to Aspen Savings & Loan Assoc. , secured by a deed of trust recorded in Book ~ at page ~ of the records of the Clerk and Recorder of Pitkin County, Colorado, hereby consents to the inclusion of that part of the general common elements of the Herron Condominiums, Pitkin County, Colorado, as a part of Condominium Unit IB, Herron Condominiums. The undersigned further agrees to execute an amended Condominium Map and such other documents as may be reasonably necessary to make the real property described on Exhibit "A" an integral part of the legal description of Unit IB, Herron Condominiums. STATE OF COLORADO ~'^~~~~A\~~~>^ NAME OF LENDE Bud Abrahams~n. Vice-Pres. Aspen Savings & Loan Assoc. ss. COUNTY OF PITKIN The foregoing Consen} of Lienholder was acknowledged me this Fr~ day of,.'.)}};!!!,.)) u ,1983 by Aud..-- ()(Y(;f,Y! s Vi -President of Aspen JSavings & Loan Assoc. WITNESS my hand and official seal. My commission expires: Ill/ f 7 '-1'';<'/11! /; -iCY' / k J;).:,;-.], Notary Public Address of Notary Public ,)J ; IV"r11f k / Tril i.i Oon~(") Co, . u.....,.. ~ () r31&a, Pr- Jl 11,000. OD ... ".. .!i" ....", , "-..,,,,- ,-...'" CONSENT OF LIENHOLDER The undersigned, being the holder of that certain promissory note from Grape Carriage to Aspen Savings & Loan Assoc. , secured by a deed of trust recorded in Book 321 at page 669 of the records of the Clerk and Recorder of Pitkin County, Colorado, hereby consents to the inclusion of that part of the general common elements of the Herron Condominiums, Pitkin County, Colorado, as a part of Condominium Unit IB, Herron Condominiums. The undersigned further agrees to execute an amended Condominium Map and such other documents as may be reasonably necessary to make the real property described on Exhibit "A" an integral part of the legal description of Unit 1B, Herron Condominiums. STATE OF COLORADO ) ) ss. ) ~LJ\ ~,~~\-r~^ NAME OF LENDE Bu Abrahamson, Vice-Pres. Aspen Savings & Loan A~soc. COUNTY OF PITKIN The fore~oing Consent of Lienholder was ac b1.lle me this /LI-t.]. day of \ 1f /tljJ(IJrI1 ' 1983 by J-'!/I!1./'lrJI1fJ(;Y\ . as Vice-President of Aspen Savings & Loan WITNESS my hand and official seal. My commission expires: /13/Y l L{h OJ;.L0MJ Ii, d()d-fL Notary Public Address of Notary Public dd.'') /IJ() l!iL '-/h,JJ j . , . (LOP-Rfl &(0. / ...-A -------' _/ ~<J..."oP ,~L.e.. Co--"~'-" C:> r:, \6l-~ 'dSO,OO .$ S'-\) r " , "--....,~.,. CONSENT The undersigned, being all of the owners of the Herron Condominiums situate in the City of Aspen, County of Pitkin, hereby consent to the inclusion of the property described on Exhibit A attached hereto within the boundaries of Condominium Unit IB and agree that they will execute a legally sufficient amendment to the Condominium Map and such other documents as may be reasonably necessary to include the real property described on Exhibit A as part of the legal description of Unit IB, Herron Condominiums. .' / -; / IV //j;l//ft(il );//1((1//1 /) /,,' " " / y; ( \ \. "........../--- / / / (":: ,j , ( -J (-';'-"'___..-... c-.< a ::z~ ,) t-J.-/\ 1'" ....... -, ...... conSEnT The undersigned, being all of the owners of the Herron Condominiums situate in the City of Aspen, County of Pitkin, hereby consent to the inclusion of the property described on Exhibit A attached hereto within the boundaries of Condominium Unit lB and agree that they will execute a legally sufficient amendment to the Condominium ~lap and such other documents as may be redsonably necessary to include the real property described on Exhibit A 2S part of the legal description of Unit lB, Herron Condominiums. ~~'~ A i..:. ,~---< . 11.. '}~,?~ (/ ".&"-.., ...... ... .... "",,."" !1EMORANDUM DATE: colette Penne, Planning Office Louis Buettner, Engineering Departmen~ June 17, 1983 TO: FROM: RE: Herron Apartments Amendment -------------------------------------------------------- After making a field check of the above and looking at the condominium plat, I have the following statements: 1. A building permit was issued for the remodel that this application is for. 2. The remodel work is almost complete. 3. The date of the condominium recording was 25 November, 1968, at which time there was no parking requirements. 4. The amendment to the condo plat should require off-street parking. 5. The only parking for this building is located on public right-of-way. 6. I do not believe they have a license with the City for the private parking on public right-of-way. The Engineering Department recommends that: 1. Off-street park be provided, or at least the use of the public right-of-way for private parking be legalized. 2. The condominium join in any improvement district formed, at least unit lB be required. 3. A plat is prepared for checking before final approval. 4. That the amendment plat is recorded within 90 day of approval. LB/CO . TO: FROM: RE: DATE: "...." MEMORANDUM ....,....... Aspen City Council Colette Penne, Planning Office Herron Apartments Plat Amendment - Subdivision Exemption ,. June 27, 1983 APPROVED AS TO FORM: Location: 333 W. Main Street. Zoning: o - Office. Applicant's Request: Referral Comments: Planning Review: The applicant is requesting subdivision exemption approval pursuant to Section 20-19(b) of the Municipal Code as recently amended by Ordinance 16, Series of 1983. The purpose of this exemption is to amend the condominium map to include a porch in Unit IB that is currently shown on the plat as a general common element. The Engineering Department's comments are added as conditions of approval. The City Attorney made no comments. Office Section 20-19(b) of the Municipal Code allows Council to exempt a particular division of land from the definition of a subdivision when such division of land is not within the intent and purpose of the subdivision regulations. Ordinance 16, Series of 1983, amended Section 20-19 (b) such that this exemption could be granted by Council without a recommendation from the Planning and Zoning Commission when there would be an "unnecessary redundancy in multiple review steps." This amendment to the condominium map is really a very simple change. The existing situation is that Unit IB has historically used the area to be amended as a back porch. In fact, the property is enclosed and has been physically part of Unit IB for years. All owners and lienholders in the building have consented to this change in the condominium map. Copies of consent forms executed by all these parties were supplied with the application. This application has no effect on surrounding properties. Planning Office Recommendation: The Planning Office recommends approval of a subdivision exemption for the alteration of the condominium map of the Herron Condominiums at 333 W. Main Street to include a porch area in Unit IB that is presently shown as a general common element. The revised condominium map must be recorded within 90 days of this action. Council Action: The appropriate motion is: "I move to approve subdivision exemption for the alteration of the condominium map of the Herron Condominiums at 333 W. Main Street to include a porch area in Unit IB that is presently shown as a general common element with the following conditions: r. The condominium join any improvement distric~ in the area if one is formed. 2. The condominium plat be revised and approved by the Engineering Department before recordation. 3. The amended plat be recorded within 90 days of this approval. p'~ . 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'~~:-'IV ["' . , . i...... , I . ( .. r /, \ l ~ ~ . . ".)'- t . 0 ~ I .. t <f .._---'---_~" '("1 ~\ , , .. l" -T--l \ I 'J ~ \ \ " \ :,in,ell: ):2] ,~, , ',..-" . ':\ !If' - ." 'I ,- J:,i: ' :; ~ ....J1 ~ Ii ','" ;\' 0- "j __J U 1'(1', r".~.,l'.,....4-T " ......______._.,~...\_____ /,' l' ~ il '''_ ,!'\' ';, ('i t-.., -' (, s ~~ ":. _1 - - ..::;- - ,,~~- - 1 (i '~:: 1 ~"",'il .1 ,-' i' . II .1 ':~:;Jl :; r ...~::;l..._;~1~,'.'~. "'-" .~.:.-~ I , . -:._~ ~ .... ".----'"4 'V i , \ ~"--,-.-J ~, I D l I I; ci n lJ :. J '. :I ; i ~ "d':~ , ,- "'\ z" h. u c 4; ;"c;.-.---'--' I --1 I I -1 ' . - + ~ \ ,,' , .JJ I I i ~ " . >. :1 11 : _...C:.. , '- II l n i'I'" ., [=311:: ; l;~r: ;~J '~ ,J oi fL ' ~ ..-..'"..=~....l..-.,li'~l~;-.:1 1 . ~~-' :-;:':1' ~ ~, '~:, ,.~ " ", ';: :: .1 .' \::...-1' . ".,. ( .11 ~I ~',.' "'-:':~ jV (.' .. .;.,"'" :d ,. "':. _ ~ I, I " " T ,'j~j Ii -,; . a - i;-)-(~;'-J: i I I" I'"'' t ,I. ~(,.'::/"t ,.;;, ." I " . '..:..:.- ...~:&__...: ;. \, -"'::i:J " .__-n ..._~_....'_..______....____. ~'''''''_.... '.... ~ "'-, ......". ~- r. I " J \ [ , " i: \ \: ! I l.,.-,_";:",c:"" i"~', _A ." t- . ._.____. 'T_"~ .. _..~..'. --"' -.....\. <J , ,- 'T - 'II' 'cf' t:;:-~~ I .. -1"' ..-- L ...,-:.,,,..., . 1 1 ":.1,' , , < , , r- - - , , .. ~::r::-~rr:;,C~_,_,,", , ' -~ il :, : , " .'''''''',>:,,--,-,, ~ '~ I ~J ! G b-"~"1-C - i ~~~9 1\ ~ 1 , c, -/~"f ~ 'f b ~ , ~ I._'~ret.:i'-=..J ............oa-~,~"'.._,.-.....~_ /!;/' UNIT" i6 \ /. , \ 7- , ----.-.-,--- l 'li "~~:~~~T_': " " I" ,\ \: 1 I, I .13 /'r;ClG-. .pl'> c<...c..y\ , , o!. . 1 ':1 Cl J rl.. r v'l <;>: u.. t r-- I ..--r ' r}.: - ~ l J j , , i ,'" " , , , , h ~ " " (,I" 1 ~"I , ..- III I- z r"--..J. uJ ...-w ' , .. ''''1. r.' .."..., " -U': ..~,-:)~." ~'! n,). E;_~<.: 1. LJ 011 :,W( '1 .i ,"! j ~ r : 11 1. : r- ~=-j J' ': /";--' L w. J ,.. I' ; '- 1 "0l' -d ," '''~'' ~', - ~J , ;; -" T ~;: Ii ~'..,:'4: I,' '. tI::~:" ...~ f- r!. <! ' .: I' i ., ~ c, ci '. U J , , :I I ,~_.J (: , t~, ~ i ~ Z li.\ u c 1 <1 .-'~ , < ,-r-._~" 1 , , ,'-i ,. :i "I i i ~ I ~ , I ill': Il,t :', n . .~"'l' ,~-' r-, . ','"~ '. L. '.,' .. ____ i-, u~' Ii ,. II U \'1 . - h ,------- :1" , _._..;...._J <; "" ,I Jr ,'! t , . , --I) ',~ ~', . ~( .'..... : , ,~ 1."" --- ; ...~ , \:" ---;: : ,. ' , .'i 1 I: ,,-;nJ~ . " J(' ~~ -~. -"'- ...---,...... ---_. . ' ... ,,-. ...--...... ,-... '-' MEMORANDUM TO: Aspen City Council FROM: Colette Penne, Planning Office RE: Herron Apartments Plat Amendment - Subdivision Exemption DATE: June 27, 1983 APPROVED AS TO FORM:~_~./..::e:~ Location: 333 W. Main Street. Zoning: o - Office. Applicant's Request: The applicant is requesting subdivision exemption approval pursuant to Section 20-19(b) of the Municipal Code as recently amended by Ordinance 16, Series of 1983. The purpose of this exemption is to amend the condominium map to include a porch in Unit lB that is currently shown on the plat as a general common element. Referral Comments: The Engineering Department's comments are added as conditions of approval. The City Attorney made no comments. Planning Review: Office Section 20-19(b) of the Municipal Code allows Council to exempt a particular division of land from the definition of a subdivision when such division of land is not within the intent and purpose of the subdivision regulations. Ordinance 16, Series of 1983, amended Section 20-19(b) such that this exemption could be granted by Council without a recommendation from the Planning and Zoning Commission when there would be an "unnecessary redundancy in multiple review steps." This amendment to the condominium map is really a very simple change. The existing situation is that Unit lB has historically used the area to be amended as a back porch. In fact, the property is enclosed and has been physically part of Unit lB for years. All owners and lienholders in the building have consented to this change in the condominium map. Copies of consent forms executed by all these parties were supplied with the application. This application has no effect on surrounding properties. Planning Office Recommendation: The Planning Office recommends approval of a subdivision exemption for the alteration of the condominium map of the Herron Condominiums at 333 W. Main Street to include a porch area in Unit lB that is presently shown as a general common element. The revised condominium map must be recorded within 90 days of this action. Council Action: The appropriate motion is: "I move to approve subdivision exemption for the alteration of the condominium map of the Herron Condominiums at 333 W. Main Street to include a porch area in Unit lB that is presently shown as a general common element with the following conditions: 1. The condominium join any improvement district in the area if one is formed. 2. The condominium plat be revised and approved by the Engineering Department before recordation. 3. The amended plat be recorded within 90 days of this approval. -...-- " Cl -_.---.~--. ~ -"""'. -=--.'--:'~-~'~ r0 ~ ~ - <:-t<> c<) ~ ~""~~~ .... :C '..: ~, .. ~~;!(~ ,I "~ r',~ :;, '~,~~:~n~ :..:.. ~ "- .....-c.. ::.,:,..:....,,' :\ ~ "\":: ': .. ~. }.. ~:.;~~~.. d. :"~~'~"Iu L.:! ":='.;l. i.. ~ '-.,x-!l.. I', ~~~~~~ .J) ~ ~,...~ Ci ... <)"'<0: n ~1 l~'::!ili I' - '01,...... j .. '~i '~~. z ~-:~ ./. b ,1;,.;-,;-,,'1 t)'i:Ur{"; ",~ :- ,'," h ..f:;.:.... ...... <;" f iilJ!i/\ I :-- I: '~. I', ,- Ii ("- 1\ 4,. I, I: r I. \' I ~ I. I \ 1_, f't' IL.,; : ! ~ I '.' r ~" I....., .' .. ~ :z w .- ~ ~ }-. ::, ct; ~"kg,: ~= .-( ~ .-.::: ~ -. ,---, ~"; ":'J :......l, " ',.J L: e, c..<_ C"-: ~~ :'L{ . , I ,\ i-.1, .:" ! ' """ j ;':" ~!" -1'-(",-!: ~ :\~.: ~i f ::,:: .' ,----. -.f .. -'~~:: , " '.) '.~ ~ i. 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'" ~( I ' : ',;:. . ,. ~1. \l :~.... : ;:-.id I- .;: r- .. , ,~ '''1') " ,~....j t I I "j , , ~ , , I I ~I) ~ -1 " .~ ~ ,'" J I - ,. ., , . I I I I ----J. . ',-, I" i ; ! - \ .:-:":"~I 'iJJ'i :\ .~ ,! I " ! ,\ -' , I i I 1 .i I I I I I I , -r::;r ...~~~ - -~ l :_',,'" ..,., 1\ I ' 1..1: \~\l \'1 I i : I I i - ."..r ......."" ~'~4 ~-,..-~-,_.,'-_.. .-_...._.-::_~. ?~.~----r~"'~'-, p k .f , 'F ~ ~ ~: h r i ~ I , II, , ! ~ ,. " :1 E....~..:-, it ! : I' ..." , l 11 , ;' (, 1 i' . , , ; i L - ':'::':",Q,"~" " , ':1 , " " , ,0:' ~~ !: ! .,'";;:," " , ..~ "-1;l';;'l:~ I :'1 '-''''c.-o,--'';~Il.u'~;l' . ~:'\ ~, ":~, , \J -(i'\. ;'1- ....... ': ;,)~ ! I h> I ., " ,i ", . '::: :, '::. ,', " i ,... , ~ ~ ~ ': I .....1-. . '"', :~~.~--.:r:c.r:~-'-T "-'__"_~"",.'.C" '''---'''''''' ~ ""'_.J'" ..1 A .-t.- ,'2"".!:"~. .' _~7:'=~;--" ,-'-/ 1 ./..j ',< j 1'/:1 " (.v, d rtl ""-:'1 ': :1 \,~\", 'q, 1 <.: "'-'::~':O:~.;.II '\, :: :! '--'--=:oo..~~...~.u:::..'~m l : 'r .,~-..:~ -"""~.".! . I j . ....~:3:::~~, il g 'I d .< " , , 'l 'ir-J ~, -,--- , ;\ " ~,,' -- 11-- I, , 1 ...! , ~ ~" '--1 I I I .~.""",.!."v 1 1 , .. _._. _.-.- .~-- .. i I " ! ' " , ' I I- , , ll; -; -, i' ," i '1 1 _, .~'l.', ".,,-"" u___:__..._......,---.... .."':J ,: ,( 0. ,'-'1 :~~,;a;::::"T ; I ", .r:l ., . ~ ,i"- .~. .,>(, '~~ :c o C[ ,,( IJ :r , , ' : :1 <~\ -\ . I " I " I' ""l ,; ~.;.;.,. Lc o Cl. <1 "i. L ::J r:" ~ ~ 4 :z ! ,V if ,.. L 0 ^' 0 i Z i 8 0 I u ] , 0 -,. ;J -~ " ....; ;~==r! % (l'"" 0 { : ;. . !. ,; ,1 ?j I ~ i , ().. :,1 ,-! ; ~ ". \ <$ '"'r..... ..." , 1 " I "' ~1 : I: '1 ..........'~~ ~ -, - ADDENDUM "A" TO EXTENSION AGREEMENT FOR CONTRACT TO BUY AND SELL REAL ESTATE DATED DECEMBER 17, 1983 BETWEEN STEPHEN WISHART, SELLER AND BARBARA ROBINSON, PURCHASER 1. The Closing date is hereby extended to Tuesday, February 15, 1983, or sooner as provided herein. 2. Closing will occur on the above date if and only if the following items are completed and in Aspen Title Company's possession or, the closing may occur on an earlier date if these conditions have been complied with by such earlier date: a) Quit-claim deeds from 100% of the Herron Condominium Apartments owners conveying to Purchaser their respective interests in that portion of the general common elements at the rear of Unit lB which has been enclosed and incorporated into Unit lB by Seller. / b) A duly executed and acknowledged Certificate from each Herron Apartment owner that will be binding upon each owner's heirs or assigns, whereby each owner agrees to consent to and to ratify an amendment to the Herron Condominium map which will incorporate the above-referenced portion of the general common elements as a part of Unit lB. ./ c) A..letter of consent from 100% of the Herron Apartment mortgage holders whereby each such mortgagee agrees to consent to such amendment to the Herron Condominium map. ./ d) General Warranty deed from Seller to ./ Purchaser. e) All loan assumption documents for Purchaser vi ,to execute from Aspen Savings & Loan. 3. After all standard and agreed upon closing costs for Seller and Purchaser are paid on the date of closing, the net proceeds will be issued to the Seller, less $4,000.00 which will be held by Aspen Title Company in an interest-bearing account with interest to accrue to the benefit of the Purchaser. a) No expenses of any kind shall be deducted from this $4,000.00 escrow. b) This $4,000.00, less interest, will be issued by Aspen Title Company to Stephen F. Wishart on or before July 1, 1983 upon receiving Aspen City approval for the amended condominium map and recordation of same, as described below. Interest to be paid to Barbara J. Robinson. c) If City approval of the amended map is not obtained by July 1, 1983, the $4,000.00 plus interest will be issued to Barbara J. Robinson. 4. Seller hereby agrees to obtain from the City of Aspen approval of an amended Herron Apartment Condominium map incorporating the above-referenced general common elements into, and making it a part of, Unit IB, Herron Condominiums. Seller hereby agrees to bear all costs incurred in obtainins such approva~, to include, but not limited to, survevinq, May 25, 1983 Ms. Colette Penne Aspen Pitkin Planning Office 130 South Galena Aspen, Colorado 81611 Aspen City Council 130 South Galena Aspen, Colorado 81611 Paul Taddune, Esq. City Attorney 130 South Galena Aspen, Colorado 81611 Re: Stephen Wishart/Barbara Jean Robinson Ladies and Gentlemen: This application is for a subdivision exemption made pursuant to Section 20-19(b) of the Aspen Municipal Code as recently amended by Ordinance 16, Series of 1983. This application is made on behalf of Stephen F. Wishart and Barbara Jean Robinson, and the purpose is to permit the real property described on Exhibit A attached to become part of Unit 1B, Herron Condominiums. The subject property is currently part of the common elements as described on the map. The reason for the application is simply to formalize a situation that has existed for many years. The Herron Apartments are among the oldest condominiums in Aspen, the original map having been recorded on , 19 Unit 1B has been owned by Steve Wishart since the structure was condominiumized and the property described on Exhibit A has historically been treated as part of Unit lB. The property is, in fact, enclosed and has been physically part of Unit 1B for many years. The purpose of the exemption is to amend the condominium map to reflect what already exists and to include the property within Unit lB. In order to accomplish this it is our view that the following be required: Aspen Pitkin Plar'ing Aspen City councl1 Aspen City Attorney May 25, 1983 Page 2 Office 1. Consent of all owners 2. Consent of all lienholders 3. An amended condominium map be filed. We have obtained the consent of all owners and lienholders. A list of owners and lienholders, which was prepared by Aspen Title Company, is attached hereto, as well as copies of the consents executed by all necessary parties. An amended condominium map is being prepared for execution by necessary parties in the event this approval is granted. We believe that our situation is exactly the sort of problem that Ordinance No. 16, Series of 1983 was designed to address. All that is requested is the right to amend the condominium map to include property which, while technically designated as common elements, has historically been part of Unit lB. Obviously, no increase in density or use will result and all people who would be effected (owners and lienholders of the Herron Condominiums) have consented in writing to the inclusion. Hence, it is our belief that this request is not within the intents and purposes of Section 20-19 and we would respectfully request approval. We have enclosed a title commitment showing current ownership of the property as well as a check for the applicable fees. We would appreciate as early a setting on the council agenda as possible and hopefully no P & Z action would be required. If you need anything further, please do not hesitate to contact Steve Wishart, in care of John Kelly, 925-1216. /:zk~b,,- J~ a~~ Barbara J~ Robinson Aspen Pitkin PI' ling Office Aspen City Coun~l Aspen City Attorney May 25, 1983 Page 3 STATE OF COLORADO ss COUNTY OF PITKIN ~' The foregoing instrument was acknowledged ~\ day of May, 1983, by John Thomas Kelly, for Stephen F. Wishart. before me this Attorney-in-Fact My Commission "XPi<""'C~~~ Notary Public Address: Box 4762 Aspen, Colorado 81612 STATE OF COLORADO ) ) ss ) COUNTY OF PITKIN ~\ The foreg~;Ln~~trument was acknowledged before me this ~__ day of ~ ' 1983 by Barbara Jean Robinson. My Commission expires: CS~\:: ~ ~ Notary PuWic, ( ,~ ~ Address: ~~ ~\~C_ ~ fu~\I.a? ) ,- .. . ,...... '- EXHIBIT A , ....;.,.1' Alpine Surveys Post GUice Box 1730 Aspen. Colorado 81611 303 925 2688 February 1, 1983 ADDITION TO UNIT IB, HERRON CONDOMINIUM APARTMENTS THAT PART OF THE GENERAL COMMON ELEMENTS SOUTHERLY OF AND ADJACENT TO SAID UNIT IB AND CONSISTING OF THAT PORTION OF THE REAR ENTRY HALL, BEING APPROXIMATELY 4.6 FEET WIDE AND APPROXIMATELY 13.1 FEET LONG AS MEAS_URED FROM THE WESTERLY LINE OF SAID UNIT IB EXTENDED SOUTHERLY, ALL AS IS PRESENTLY ENCLOSED. :=.,,,,,- ...-'-~ r'.'\. '__.,1 ~. .'......". .. OWNERSHIP AND MOWl'GAGE LIENS OF UNITS IN HERRON APARTMENT CONDOMINIUM UNIT NUMBER OWNER MORTGAGEE UNIT I-A, BLDG. A R, PRINA STANLEY UNIT 2-A, BLDG. A JANE CLICK DENA HANOLD $85,000.00 RECORDED 10/6/81 UNIT 1-B, BLDG. A STEPHEN F. WISHERT a/k/ a STEPHEN F. \-JISHART ASPEN SAVINGS & LOAN $16,000.00 RECORDED 6/23/77 PARTICIPATION CERTIFICATE ON ABOVE RECORDED 5/10/78 FIRST NATIONAL BANK-ASPEN $8,154.75 RECORDED 6/29/82 UNIT 2-B, BLDG. A MOUNTAIN STATE COMMUNICATIONS, INC. JENNIFER RICHARDS SABELLA $42,500.00 RECORDED 2/15/80 milT 3 BLDG, A BARBARA E, TRUAN ASPEN SAVINGS & LOAN $27,000.00 RECORDED 9/19/75 UNIT B BLDG. A BARBARA H, TRUAN ASPEN SAVINGS & LOAN $11,000.00 RECORDED 9/19/75 CARRIAGE HOUSE BLDG. B GRAPE CARRIAGE, A COLORADO PARTNERSHIP ASPEN SAVINGS & LOAN $54,250.00 RECORDED 12/17/76 NOTE: although we believe the facts stated herein are true, it is understood and agreed that the liability of Aspen Title Company, Ltd. will be limited to the amount of the fee charged hereunder. This is not to be construed as an abstract of title, nor an opinion of title, or a guaranty of title. Dated this 9TH day of FEBRUARY,1983 at 8:00 A.M, ASPEN TITLE COMPANY, LTD. '\ ,"--',' '\'J\ \ / .. "jv,~""'_"':'r'- -,--,_1.~ )'d}.-.t---<) '--.l Authi;Jtieed Signature FEE $ 50, 00 . ,h, " ........ " ~ COl':SENT OF LIENHOLDER The undersigned, being the holder of that certain promissory note from Stpphpn t" ohort to Aspen Savinps & Loan AI'lsnr , secured by a deed of trust record~d in Book ~ at page fuLL of the records of the Clerk and Recorder of Pitkin County, Colorado, hereby consents to the inclusion of that part of the general common elements of the Herron Condominiums, Pitkin County, Colorado, as a part of Condominium Unit IB, Herron Condominiums. The undersigned further agrees to execute an amended Condominium Map and such other documents as may be reasonably necessary to make the real property described on Exhibit "A" an integral part of the legal description of Unit IB, Herron Condominiums. ~~\~'~A~.S~~ NAME OF LENDErt B\l bra alllson, Vice-Pres. Aspen Savings & Loan Assoc. STATE OF COLORADO ss. COUNTY OF PITKIN . The foregoing Consent of Lienholder was acknowledged be~ore me this 14/'~ day of \1JbWO,'i, ,1983 by (J.,uI ()fl~()j'1,'j/," 11r~',1, . as Vke-President of Aspkn Savings & Loan Assoc. WITNESS my hand and official seal. My commission expires: 1/,//'7 \/'l1ll//I)1'1 f, ,jtJ1' Notary P,l,lblic Address of Notary Public (';'J'--; /1(' ;':/{rll jJ . '1 I /[1(>(f!, . ~b(O . ~',-.\.- B\~ \.6 r--. J$ llo, GOO . 0 "b 1'" "- "- '" CONSEl'T OF LI ENIIOLDER The undersigned, being the holder of that certain promissory note from Srf'phf'n Wi <h~rt to Washington Savings & Loan , secured by a deed of trust recorded in Book 347 at page ~ of the records of the Clerk and Recorder of Pitkin County, Colorado, hereby consents to the inclusion of that part of the general common elements of the Herron Condominiums, Pitkin County, Colorado, as a part of Condominium Unit lB, Herron Condominiums. The undersigned further agrees to execute an amended Condominium Map and such other documents as may be reasonably necessary to make the real property described on Exhibit "A" an integral part of the legal description of Unit lB, Herron Condominiums. STATE OF COLORADO ) ) ss. ) ~ ~~'-~~~ ~<>~ NAME OF LEN ER Washington Savings & Loan by Aspen Savings and Loan Association it's authorized agent. COUNTY OF PITKIN ~ The foregoing Consent of Lienholder was acknowledged before me this I'f- day of 4-~^AzJ- , 1983 by ~ ~~~ . WITNESS my hand and official seal. My commission expires: Uycominissfoit ElcplieS'JIlf1t6:,j9111 fJ.~ Notary Public Address of Notary Public B&>x' 'l!;~7 Asp..t-v\ Go e 11.0 I ~ I ~'..., 6\% \6 PI ,:;". j r ...... "'..'" , " CONSENT OF LIENHOLDER The undersigned, being the holder of that certain promissory note from Jane Click to Dina Hanold , secured by a deed of trust recorded in Book 415 at page ~34 of the records of the Clerk and Recorder of Pitkin County, Colorado, hereby consents to the inclusion of that part of the general common elements of the Herron Condominiums, Pitkin County, Colorado, as a part of Condominium Unit IB, Herron Condominiums. The undersigned further agrees to execute an amended Condominium Map and such other documents as may be reasonably necessary to make the real property described on Exhibit "A" an integral part of the legal description of Unit 1B, Herron Condominiums. IJ" h t'--- )J. ;}-o-4L-tP--LJL NAME OF LENDER Dina Hanold STATE OF COLORADO ) ) ss. ) COUNTY OF PITKIN ,- The foregoing Consent of Lienholder was ackn~wledged this (0 day of Fc!3,fUtJ,Q, V' , 1983 by 1)t:/J(1 Cr, HI}/JOI- ( WITNESS my hand and official seal. My commission expires: before me 'I.I."AAIA~''''''J'A. '1, I... I' I,ll \~} ~'}.,A)( RICHAHD D. 110'.VCLL S11. g ~ , .-P-'l":~ N~I^,:;l I'l)i'! II f.lll\:-H~;UTA ~~}''''. ~ II\.. l-n_NN..:.,'IN CUI},'~ Ii',.. ...... r,~y Ccrr.m:ssiC'll expires Mar. 25, 1934 E XYTyyyyyY'/'nVVVVYYvf'1"r't''1 "'"it 'Ir(v('f'f''f J( ~~ p ~--ee ,A Notary Public' I Address of Notary Public J()-.Jc /VIC.LL6"1 A-vG. .0 /1Plj I1ttJ. SS'i () g t. t""'- '-' , ,j' CONSENT OF LIENHOLDER The undersigned, being the holder of that certain promissory note from Barbara Truan to Aspen Savings & Loan Assoc. , secured by a deed of trust recorded in Book 303 at page 255 of the records of the Clerk and Recorder of Pitkin County, Colorado, hereby consents to the inclusion of that part of the general common elements of the Herron Condominiums, Pitkin County, Colorado, as a part of Condominium Unit IB, Herron Condominiums. The undersigned further agrees to execute an amended Condominium Map and such other documents as may be reasonably necessary to make the real property described on Exhibit "A" an integral part of the legal description of Unit 1B, Herron Condominiums. STATE OF COLORADO ) ) ss. ) ~~~~~~~s~~ NAME OF LENDER Bud Abrahamson, Vice-Pres. Aspen Savings & Loan Assoc. COUNTY OF PITKIN ~ The foregoing Conse~t of Lienholder was ac~powledged befo.re me this ",; :/' day of ,h(t!/}')j-/ I , 1983 by /'j,()..d" UJXJ,i!)./'l'.i.','",). as Viee-President for Aspen Savings & Loan Assoc. WITNESS my hand and official seal. My commission expires:!j.)/~ J'ilr ',' '4/ -j, ''-1 I, )j/ '"..-I ,".J ,,\ ().".0 Notary P\iblic Address of Notary Public /',Y !/r' if crV)j / jf)()P;: I (!() t() . ::? ~'~ f' <b\~' ;U dJ'o 51 ';).,,0 ,~ /" " CO~SENT OF LIENHOLDER The undersigned, being the holder of that certain promissory note from Barbara Truan to Aspen Savings & Loan Assoc. , secured by a deed of trust recorded in Book ~ at page ~ of the records of the Clerk and Recorder of Pitkin County, Colorado, hereby consents to the inclusion of that part of the general common elements of the Herron Condominiums, Pitkin County, Colorado, as a part of Condominium Unit lB, Herron Condominiums. The undersigned further agrees to execute an amended Condominium Nap and such other documents as may be reasonably necessary to make the real property described on Exhibit "A" an integral part of the legal description of Unit lB, Herron Condominiums. STATE OF COLORADO l l ss. l ~ l^\~U'--A\~~~'~ NAME OF LENDE Bud Abraltams'On, Vice-Pres. Aspen Savings & Loan Assoc. COUNTY OF PITKIN The foregoing Consen} of Lienholder was acknowledged me this p-;-r~ day of ,,-i;h"I/:J/u , 1983 by AIJd../ ()(yG'(';Y-' as Vi -President of Aspen JSavings & Loan Assoc. WITNESS my hand and official seal. Ny commission expires: '/J/E7 'jr'y-;' /)J ! il no,J k ,;h:t,;, Notary Public Address of Notary Public ckr /Y"r0Ifk/ Thu) 000 PI1 & , Lt.-..,'. '* () 131&a, Pr- Jl 11,000. OU ... .... . . r""- '--..... .' CO~SENT OF LIENHOLDER The undersigned, being the holder of that certain promissory note from Grape Carriage to Aspen Savings & Loan Assoc. , secured by a deed of trust recorded in Book 321 at page 669 of the records of the Clerk and Recorder of Pitkin County, Colorado, hereby consents to the inclusion of that part of the general common elements of the Herron Condominiums, Pitkin County, Colorado, as a part of Condominium Unit IB, Herron Condominiums. The undersigned further agrees to execute an amended Condominium Map and such other documents as may be reasonably necessary to make the real property described on Exhibit "A" an integral part of the legal description of Unit IB, Herron Condominiums. STATE OF COLORADO ~L0\ ~'~~\_r~^ NAME OF LENDE Bu Abrahamson, Vice-Pres. Aspen Savings & Loan ~soc. COUNTY OF PITKIN ) ) ss. ) The fore~oing Consent of Lienholder was ac ore me this /'I.l. day of \ 1/ Jt1J.U)/I!1 ' .1983 by , (!,1 17/) ; ~ I as Vice-President of Aspen Sav~ngs & Loan WITNESS my hand and official seal. My commission expires: 1!3/:i7 nowledged { ssoc. l'lnof;L~mJ K J{)d.<L, Notary Public Address of Notary Public dCi:'l jIJ()/i/L '11111}. , rlOp-CfI {0 (0 . ...---..-. - --- ~<.J.-"o , ~L.t. Co--"~'~" () C> \JL~ 'd ';SO . 00 $ S'-\) / CONSENT The undersigned, being all of the owners of the Herron Condominiums situate in the City of Aspen, County of Pitkin, hereby consent to the inclusion of the property described on Exhibit A attached hereto within the boundaries of Condominium Unit lB and agree that they will execute a legally sufficient amendment to the Condominium Map and such other documents as may be reasonably necessary to include the real property described on Exhibit A as part of the legal description of Unit lB, Herron Condominiums. 'I ' / "'; , ' , ' , ,~ /J' /', /1/1/1.// / ../ I ' - t I \ \ '-.............. / (I ,1/ ,v i/1( ( Ill1- /) /,:- \. / 1/1 ' , /../, ~ 1! _/ / / I / / (,', , .J ,/^~~ <..< a ::z~ .'i ~ , ... , ~ CONSENT The undersigned, being all of the owners of the Herron Condominiums situate in the City of Aspen, County of Pitkin, hereby consent to the inclusion of the property described on Exhibit A attached hereto within the boundaries of Condominium Unit IB and agree that they will execute a legally sufficient amendment to the Condominium Map and such other documents as may be reasonably necessary to include the real proper~y described on Exhibit A as part of the legal description of Unit IB, Herron Condominiums, ~~'~ Ii '/ /1..,,- ,~---< ' t1L -,d,,,v-- rJ ..""" ~, ',,-.K MEMORANDUM TO: City Attorney City Engineer PLANNER: Colette penne RE: Herron Apartments Plat Amendment - Subdivision Exemption DATE: June 6, 1983 The attached application requests plat amendment to Herron Apartment lB. Specifically, the applicant wishes to legally record an addition to Unit IB, described on Exhibit A in the application. Please review the materials and return your comments to the Planning Office no later than June 15, as this item is scheduled for the June 27 City Council meeting. Thank you. c ~ ,~ May 25, 1983 Ms. Colette Penne Aspen Pitkin Planning Office 130 South Galena Aspen, Colorado 81611 Aspen City Council 130 South Galena Aspen, Colorado 81611 Paul Taddune, Esq. City Attorney 130 South Galena Aspen, Colorado 81611 Re: Stephen Wishart/Barbara Jean Robinson Ladies and Gentlemen: This application is for a subdivision exemption made pursuant to Section 20-19(b) of the Aspen Municipal Code as recently amended by Ordinance 16, Series of 1983. This application is made on behalf of Stephen F. Wishart and Barbara Jean Robinson, and the purpose is to permit the real property described on Exhibit A attached to become part of Unit 1B, Herron Condominiums. The subject property is currently part of the common elements as described on the map. The reason for the application is simply to formalize a situation that has existed for many years. The Herron Apartments are among the oldest condominiums in Aspen, the original map having been recorded on , 19 Unit 1B has been owned by Steve Wishart since the structure was condominiumized and the property described on Exhibit A has historically been treated as part of Unit lB. The property is, in fact, enclosed and has been physically part of Unit 1B for many years. The purpose of the exemption is to amend the condominium map to reflect what already exists and to include the property within Unit lB. In order to accomplish this it is our view that the following be required: Aspen Pitkin p<:>ning Office Aspen City Council Aspen City Attorney May 25, 1983 Page 2 1. Consent of all owners 2. Consent of all lienholders 3. An amended condominium map be filed. We have obtained the consent of all owners and lienholders. A list of owners and lienholders, which was prepared by Aspen Title Company, is attached hereto, as well as copies of the consents executed by all necessary parties. An amended condominium map is being prepared for execution by necessary parties in the event this approval is granted. We believe that our situation is exactly the sort of problem that Ordinance No. 16, Series of 1983 was designed to address. All that is requested is the right to amend the condominium map to include property which, while technically designated as common elements, has historically been part of Unit lB. Obviously, no increase in density or use will result and all people who would be effected (owners and lienholders of the Herron Condominiums) have consented in writing to the inclusion. Hence, it is our belief that this request is not within the intents and purposes of Section 20-19 and we would respectfully request approval. We have enclosed a title commitment showing current ownership of the property as well as a check for the applicable fees. We would appreciate as early a setting on the council agenda as possible and hopefully no P & Z action would be required. If you need anything further, please do not hesitate to contact Steve Wishart, in care of John Kelly, 925-1216. Stephen by John Tho Kelly, his Attorney-in-Fact <7~k~.~ k-c..- /:~'"'- Barbara Je~Robinson Aspen Pitkin ~nning Aspen City Co~il Aspen City Attorney May 25, 1983 Page 3 Office STATE OF COLORADO ss COUNTY OF PITKIN , The foregoing instrument was acknowledged before me this ~" day of May, 1983, by John Thomas Kelly, Attorney-in-Fact for Stephen F. wishart. My Commission expires: ~~ Address: Box 4762 Aspen, Colorado 81612 STATE OF COLORADO ss COUNTY OF PITKIN ~ The foregoing ~rument was acknowledged before me this ~" day of ~~~ ,1983 by Barbara Jean Robinson. My Commission eXPi~es: s;- - ~L\ Notary Pu Address: ~kS ~~\~.'b\~\2 . ".... - EXHIBIT A " " Alpine Surveys Post ONice Box j 730 Aspen, Colorado 81611 303 925 2688 February 1, 1983 ADDITION TO UNIT IB, HERRON CONDOMINIUM APARTMENTS THAT PART OF THE GENERAL COMMON ELEMENTS SOUTHERLY OF AND ADJACENT TO SAID UNIT IB AND CONSISTING OF THAT PORTION OF THE REAR ENTRY HALL, BEING APPROXIMATELY 4.6 FEET WIDE AND APPROXIMATELY 13.1 FEET LONG AS MEAS_URED FROM THE WESTERLY LINE OF SAID UNIT IB EXTENDED SOUTHERLY, ALL AS IS PRESENTLY ENCLOSED. ,... ....... r, ......""" May 25, 1983 Ms. Colette Penne Aspen Pitkin Planning Office 130 South Galena Aspen, Colorado 81611 Aspen City Council 130 South Galena Aspen, Colorado 81611 Paul Taddune, Esq. City Attorney 130 South Galena Aspen, Colorado 81611 Re: Stephen Wishart/Barbara Jean Robinson Ladies and Gentlemen: This application is for a subdivision exemption made pursuant to Section 20-19(b) of the Aspen Municipal Code as recently amended by Ordinance 16, Series of 1983. This application is made on behalf of Stephen F. Wishart and Barbara Jean Robinson, and the purpose is to permit the real property described on Exhibit A attached to become part of Unit IB, Herron Condominiums. The subject property is currently part of the common elements as described on the map. The reason for the application is simply to formalize a situation that has existed for many years. The Herron Apartments are among the oldest condominiums in Aspen, the original map having been recorded on , 19 Unit IB has been owned by Steve Wishart since the structure was condominiumized and the property described on Exhibit A has historically been treated as part of Unit lB. The property is, in fact, enclosed and has been physically part of Unit IB for many years. The purpose of the exemption is to amend the condominium map to reflect what already exists and to include the property within Unit lB. In order to accomplish this it is our view that the following be required: Aspen Pitkin Pla~g Aspen City Counci~ Aspen City Attorney May 25, 1983 Page 2 Off ice " .; 1. Consent of all owners 2. Consent of all lienholders 3. An amended condominium map be filed. We have obtained the consent of all owners and lienholders. A list of owners and lienholders, which was prepared by Aspen Title Company, is attached hereto, as well as copies of the consents executed by all necessary parties. An amended condominium map is being prepared for execution by necessary parties in the event this approval is granted. We believe that our situation is exactly the sort of problem that Ordinance No. 16, Series of 1983 was designed to address. All that is requested is the right to amend the condominium map to include property which, while technically designated as common elements, has historically been part of Unit lB. Obviously, no increase in density or use will result and all people who would be effected (owners and lienholders of the Herron Condominiums) have consented in writing to the inclusion. Hence, it is our belief that this request is not within the intents and purposes of Section 20-19 and we would respectfully request approval. We have enclosed a title commitment showing current ownership of the property as well as a check for the applicable fees. We would appreciate as early a setting on the council agenda as possible and hopefully no P & Z action would be required. If you need anything further, please do not hesitate to contact Steve Wishart, in care of John Kelly, 925-1216. .-----zz- / /__ _~~v-a4f. Barbara Jean Cl~~ Aspen Pitkin PlaC:Lng Aspen City CounclI Aspen City Attorney May 25, 1983 Page 3 Office "...., ..,J STATE OF COLORADO ss COUNTY OF PITKIN The foregoing instrument was acknowledged before me this ~ day of May, 1983, by John Thomas Kelly, Attorney-in-Fact for Stephen F. wishart. My Commission expires: a,~ Notary Public Address: Box 4762 Aspen, Colorado 81612 STATE OF COLORADO ss COUNTY OF PITKIN SL' The foregoing~trument was acknowledged before me this -2" day of ~~ ,1983 by Barbara Jean Robinson. My Commission expires: / -\.S ~~ ~ i~~~~ ~~~.~\~Z ( Notary P Address: - . "..... '-' EXHIBIT A " ".-' Alpine Surveys Post Office Box 1730 Aspen, Colorado 81611 303 925 2688 February 1, 1983 ADDITION TO UNIT IB, HERRON CONDOMINIUM APARTMENTS THAT PART OF THE GENERAL COMMON ELEMENTS SOUTHERLY OF AND ADJACENT TO SAID UNIT IB AND CONSISTING OF THAT PORTION OF THE REAR ENTRY HALL, BEING APPROXIMATELY 4.6 FEET WIDE AND APPROXIMATELY 13.1 FEET LONG AS MEAS~RED FROM THE WESTERLY LINE OF SAID UNIT IB EXTENDED SOUTHERLY, ALL AS IS PRESENTLY ENCLOSED. " ~ '..r MEMORANDUM TO: City Attorney City Engineer PLANNER: Colette Penne RE: Herron Apartments Plat Amendment - Subdivision Exemption DATE: June 6, 1983 The attached application requests plat amendment to Herron Apartment lB. Specifically, the applicant wishes to legally record an addition to Unit IB, described on Exhibit A in the application. Please review the materials and return your comments to the Planning Office no later than June 15, as this item is scheduled for the June 27 City Council meeting. Thank you.