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Home My WebLink Aboutcoa.lu.ex.333 W Main St.Herron Apts.1983MB- ex - 03 ...Herron Apartments L, �J ASPEN/PITKIN PLANNING OFFICE _ 130 South Galena Street • , Aspen, Colorado 81611 (303) 925.2020 LAND USE APPLICATION FEES City 00113 - 63721 47331 52100 GMP/CONCEPTUAL 63722 47332 52100 GUMP/PRELIMINARY 63723 47333 52100 GMP/FINAL 63724 47341 52100 SUB/CONCEPTUAL 63725 47342 52100 SUB/PRELIMINARY 63726 47343 52100 3UB/FINAL G3727 47350 52100 EXCEPT/EXEMPTION,1.%: 63728 47350 52100 REZONING 63729 47360 52100 SPECIAL REVIEW SUB -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 03719 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: P, j 1 r- r Phone: Address:A4 411 Project: Check No. i Date: Additional Billing: No. of Hours: • CITY OF ASPEN 4 MEMO FROM GARY S. ESARY ' T Off' ASPEN MEMO FROM COLETTE PENNE 13 4 CITY OF ASPEN MEMO FROM GARY S. ESARY Z� r-, n r� BON liol F;{j_ 4-,U � Real Estate Sales POWER OF ATTORNEY ' I, Arna Fronsdale, as Principal Agent for and General Partner of Grape Carriage, Inc., I appoint William L. Stirling my., ' lawful agent and attorney, with full power to act for and".in my name, to do only the following: (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: ; Gr6e Carriage, inc., by Arna Fronsdale Executed this y -, day o �L� , Witness my hand and official seal. My commission expires Notary Public 1983 . William L. Stirling STATE OF COLORADO ) County of ss. 1. ho ,o�ng instrument was acknowledged efor his a,) day of—R � -.y by ��; �i�41SY,�'�,�(y and Witness my d Wficial seal. My commission expires Notary Public 600 East Main • Aw, Colorado 81611 3W/925 -5757 , Recorded Tit- Reception No• - -- -- -- -- -- — — THIS DEED, Made this ., t t"' day of February -- -- ----.Recorder. , 1983 between Stephen F. Wishert a/k/a Stephen F. Wishart of the County of Pitkin •'Fill State of Colorado, of the first part, and Barbara Jean Robinson whose legal address is 333 14. Main Unit 1B, Aspen, Colorado 81611 of the County of Pitkin and State of Colorado, ofthe second part: WITNESSET11, That the Sal (I part y of the first part, for and in consideration of TEN DOLLARS and other good and valuable consideration / Y to the said part y of the first part in hand paid by said part y of the Second part, the receipt whereof is hereby confessed and acknowledged, ha S granted, bargained, sold and conveyed, and by these presents do es grant, bargain, sell, convey and confirm, unto the said party of the second part, herheirs and assigns for- ever, sill the following described lot or parcel of land, situate, lying and being in the County of Pitkin and Stale of Colorado, to wit: Unit 1B BULfiled ING A APARI'j`'11�V'I'S, A Condominium ing to the Condominium Flap of Herron ApGrfine-nts for record and the ation rron Apartments recorded in Book 23/at Page 368. also known as street and number TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise apper- taining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and :.Il the estate, right, title, interest, claim and demand evhatsue ve'r of the swirl rut Y of lle I� equity, of, in and to the above bargained premises, with the hereditaments and appurtenancest part, either in law or above bargained and described with the appurtenances, unto the TO HA%'F, AND TO HOLD tilt. said premises II said part y of the second part, her heirs and assigns forever. And the said part y 1 o, the first part, for him self,hiS heirs, executors, and administrators, does covenant, grant, bargain, and agree to and with the said part y of the second part,her heirs and assigns, that at the time of the enscaLing and delivery ofthese presents, he is well seized of the premises above conveyed, as of good, sure, per feet, absolute and indefeasible estate of inheritance, in I"w, in fee simple, and ha S good right, full power and authority to grant, bargain, sell and convoy the same in nr:urner' and form as aforesaid, and that the same• are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbr'an'es ur' whatever kind of nature soever'. EXCEPT taxes for the year 1983, payable in 1984; the lien of that certain deed of trust for the use of Aspen Savings and Loan Association recorded in Book 330 at Page 863 of the records of Pitkin County, Colorado, securing a promissory note, payment of which by its terms has been and by this instrument is hereby assumed by the party of the second part; (over) and the above bargained premises in the quiet and peaceable possession of the said part y oftl,e second part, her heirs and assigns against all and every person or persons IawfullN' claimingor to claim the whose or any part i thereof,thesaidp;rrt y ofthefirst part sballandwill WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, t he said part y of the first part h;' S hereunto set his hand and seal the day and year first above written. I .7.50 _ _ Stephen F, Wis rt a (SEAI. ) /k/a Stephen F. Wishart - - -- ---- -(SEAL) - - — -- STATE: (►E' COLO1{AI)O, (SEAL) - __ --- -- ----- --- — Count)' (,f Pitkin The foregoing instrunia•nt ev:(s acknowledged befur'c' nu' this I:+ 83 by en F. Wishert a '� (day of February Steph /k/a Stephen F. Wishart 11y curnnussion expires �. � . Witness my hand and official seal. Notary Pubtk- No. 932 WARRANTY IWFA).—Fur Ybuwsr.pnfr rt.rvr.r- w,,Ji„ , r ni .n „ . W r,,i, ,,. r .Ar w,•,d coiu:u _ r�u'i No. WARRANTY DEED TO STATE OF COLORADO ss. County of I hereby certify that this instrument was filed for record in my office this day of at o'clock Book Film No. .19_, _M., and duly recorded in Page Reception No. Recorder. By Deputy. Fees, $ Mail to: (or return to) Send future tax statements to: '^%RD PUBLISHING CO. O S �4J N 0 2 e to N V 4j ro •r4 M a .14 r-A 44 o M oro �4 O En � Ua) 6 �4 U O U ro00 i4 la 1,0 rd M u) U v O03 41 4j rq ro cSz r` M CV 92 .x •r�l C; 2 'd •rI U R3 � 8 to O me CASELOAD SUMMARY SHEET City of Aspen No. o7J�^ 93 Staff: PROJECT NAME: f-A,/7/7/OIL /`Y6" _W/ APPLICANT: REPRESENTATIVE: Phone: TYPE OF APPLICATION: (Fee) I. GMP/SUBDIVISION/PUD (4 step) 1. Conceptual Submission ($1,840) 2. Preliminary Plat ($1,120) 3. Final Plat ($ 560) II. SUBDIVISION/PUD (4 step) 1. Conceptual Submission ($1,290) 2. Preliminary Plat ($ 830) 3. Final Plat ($ 560) III.EXCEPTION/EXEhIPTION/REZONING (2 step) ($1,010) IV. SPECIAL REVIEW (1 step) ($ 465) 1. Special Review 2. Use Determination 3. Conditional Use 4. pldf ��n e��ct'f-neat REFERRALS: Attorney /Engineering Dept. Housing Water City Electric FINAL ROUTING: \,-----At torney Building Date Referred: Sanitation District Mountain Bell Parks Holy Cross Electric Fire Marshall/Building Dept. Engineering Other School District Rocky Mtn. Nat -Gas State Hgwy. Dept. Fire Chief Other Date Routed: DISPOSITION: CITY P&Z REVIEW: CITY COUNCIL REVIEW: wrt�v CITY P&Z REVIEW: CITY COUNCIL REVIEW: Ordinance No. . t TY OF ASPEN MEMO FROM COLS FE PENNE I S c-c 1, - 7--4 - 4_ , `i- p,� I� Q� o �. , ' I i i I ' s OTY OF ASPEN MEMO FROM COLETTE PENNE a- & �L 4�L,7S, i �i T ��PPN 46 MEMO FROM COLETTE PENNE /tc k o Q-rm (6v--.&� fua"4e (e�pa.d�lcd. re C4nck Co e_s a�.oa�G s akG dwXs azA Z� . ( �-tt� .«-.-dolt' Zoo ��o. dam. 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 1B. 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 1B. In order to accomplish this it is our view that the following be required: Aspen Pitkin Plang Office • Aspen City Counc1 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 1B. 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. Res ully s i ed hen F. ar by John Thomas Kelly, his Attorney -in -Fact Barbara Jed Robinson 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: STATE OF COLORADO ) ss COUNTY OF PITKIN ) 5 Notary Public Address: Box 4762 Aspen, Colorado 81612 The fore goin_i-4strument was acknowledged before me this day of1983 by Barbara Jean Robinson. My Commission expires: J • EXHIBIT A • Alpine Surve s Post Office Box r30 Aspen, Colorado 81611 303 9252688 February 1, 1983 ADDITION TO UNIT 1B, HERRON CONDOMINIUM APARTMENTS THAT PART OF THE GENERAL COMMON ELEMENTS SOUTHERLY OF AND ADJACENT TO SAID UNIT 1B AND CONSISTING OF THAT PORTION OF THE REAR ENTRY HALL, BEING APPROXIMATELY 4.6 FEET WIDE AND APPROXIMATELY 13.1 FEET LONG AS MEASURED FROM THE WESTERLY LINE OF SAID UNIT 1B EXTENDED SOUTHERLY, ALL AS IS PRESENTLY ENCLOSED. OWNERSHIP AND MORTGAGE LIENS OF UNITS IN HERRON APARTMENT CONDOMINIUM UNIT NUMBER OWNER UNIT 1-A, R. PRINA STANLEY BLDG. A UNIT 2-A, JANE CLICK BLDG. A UNIT 1-B, STEPHEN F. WISHERT BLDG. A a/k/a STEPHEN F. WISHART UNIT 2-B, MOUNTAIN STATE BLDG. A COMMUNICATIONS, INC. UNIT 3 BARBARA H. TRUAN BLDG. A UNIT B BARBARA H. TRUAN BLDG. A CARRIAGE HOUSE GRAPE CARRIAGE, A BLDG. B COLORADO PARTNERSHIP MORTGAGEE DENA HANOLD $85,000.00 RECORDED 10/6/81 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 JENNIFER RICHARDS SABELLA $42,500.00 RECORDED 2/15/80 ASPEN SAVINGS & LOAN $27,000.00 RECORDED 9/19/75 ASPEN SAVINGS & LOAN $11,000.00 RECORDED 9/19/75 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. FEE $ 50.00 Auth ized Signature CONSENT OF LIENHOLDER The undersigned, being the holder of that certain promissory note from SrPnhPn kri shaxt to Ashen Savings & Loan AGsnr _ , secured by a deed of trust recorded in Book 330 at page R63 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 1B, 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. P/ _S O NAME OF LENDE ra a son, Vice-Pres. [ spen Savings & Loan Assoc. STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing Consent of Lienholder was acknowledged before me this day of �J�i�lr'1 ��, 1983 b ( ?�f'Q ✓i `l; ` f'r^ , as Vice -President of AspLn Savings & Loan Assoc. WITNESS my hand and official seal. My commission expires: V'-J ,, / _ l ✓ / / 1 f �(J Notary Public Address of Notary Public '4- 113 ► co�5 ►-N CONSENT OF LIE NJIOLDER The undersigned, being the holder of that certain promissory note from StPPI'Pn w;shart to Washington Savings & Loail secured by a deed of trust recorded in Book 347 at page 668 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 1B, 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. NAME OF LEN ER STATE OF COLORADO Washington Savings & Loan by ) Aspen Savings and Loan Association COUNTY OF PITKIN ) ss. it's authorized agent. The foregoing Consent of Lienholder was acknowledged before me this 1� day of 1983 by e WITNESS my hand and official seal. My commission expires: ui' commission Ekpl�e` 16; 19$3 ,0. A � Notary Public Address of Notary Public 8m x k�o 7 as alr A Go 8 ((01 P- CONSENT OF L11•:1411OLDER 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 15 at page 534 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 1B, 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. NAME OF LENDER Dina Hanold STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing Consent of Lienholder was acknowledged before me this /0 day of - - pu,� - , 1983 by Z)`Nl? (�-��/loz- WITNESS my hand and official seal. My commission expires: 16*e"""�- zir e - --14 AAAA AAA4.,aj,..r.......F,1l',Ax Notary Public RICHARD D. 1 iOV1 -LL SR. Ili !JINN,,;urn Address of Notary Public H; NNcrIF l;Ull I Y a MY Gcmmissiun Expires Mar. 25, 1934 s xYYYY"YYYY 1 0, vyvrr,-vv rr-io r vyt v+-rY rn, * L /LJf� L, j � • /`(n1 .� S � 0 • 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 5 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 1B, 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. COUNTY OF PITKIN ) NAME OF LENDER Bud Abrahamson, Vice-Pres. Aspen Savings & Loan Assoc. The foregoing Consent of Lienholder was ackpowledged before me this day of 1983 b as Vice -President for Aspen Savings & Loan/Assoc. WITNESS my hand and official seal. My commission expires:�� JL Notary Public Address of Notary Public � 1s f- ��' O'CP . CONSENT OF LIF,NHOLDER 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 -An-j at page ?SR 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 1B, 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. NAME OF LENDER Bud Abrahamson, Vice-Pres. STATE OF COLORADO Aspen Savings & Loan Assoc. ) ss. COUNTY OF PITKIN ) The foregoing Consent of Lienholder was acknowledged be ore me this �_ day of >�j ��-�; 1983 by as Vi e-President of Aspen Savings & Loan Assoc. WITNESS my hand and official seal. My commission expires:j/i/ 7 A - Notary Public Address of Notary Public &'CAif�^i'V S ► I, 000. 0-0 e y CONSENT OF LIENHOLDER The undersigned, being the holder of that certain promissory note from Crape 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. w NAME OF LE NDE Bu Abrahamson, Vice-Pres. Aspen Savings & Loan Assoc. STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing Consent of Lienholder was ac nowledged be ore me this day of iy 1 �l`(.{_l,;jn�� 1983 b )� Y as Vice -President of Aspen Savings & Loan ASSOC- WITNESS my hand and official seal. My commission expires: lldl�1 A Notary Public Address of Notary Public L d0k'e'1' �D r ax as°'CP n 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 1B 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 1B, Herron Condominiums. 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 1B 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 1B, Herron Condominiums. 0 0 MEMORANDUM TO: Colette Penne, Planning Office FROM: Louis Buettner, Engineering DepartmenxoV.�,-3 DATE: June 17, 1983 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 narking be legalized. 2. The condominium join in any improvement district formed, at least Unit 1B 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 • 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: Location: 333 W. Main Street. Zoning: 0 - 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 1B 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 Office Review: 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 1B 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 1B 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 1B 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 1B that is presently shown as a general common element with the following conditions: 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. 4 I I NOTE A e. 0 rL P L A t- I D A. 0 LL iA 771- '-, -31 LN jJ • jR_�� j-�-�c'2 LIZ NOTE "o !• . _. k t N,QD cL^^R PLAr; 6 N t L1 0 4 (2 r r t f! Z 5 . 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:G�.�,I� 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 1B 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 Office Review: 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 1B 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 1B 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 1B 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 1B 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. PAAP oil- 0.',',TV,'IENT8, f M 'T. JfEN PREP,% S:rl rlj,. A r i I— -L_%IkATKV4 Ft.- i,, T ai Ara&—f— "t, 3 7 luk 4-LAIC. AND FkE,,,F%�-, A, f Kd Y'&'. fla.-& I.. TVA e"..r -- — tjr�✓/, C�*, . r_r.A;, — —A i. RIC. tp,E?.C'— A�J ;L"s :;,P:N ^uPi eAtr, I I .mum 4r SECTION V-T 3. A C 0 N DO M M 6 Z C T 10 P 4 C.-D MAP 0 14 E R P 0 r M F- N 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 1B which has been enclosed and incorporated into Unit 1B 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 apart of Unit 1B. 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 ,/ _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 1B, Herron Condominiums. Seller hereby agrees to bear all costs incurred in obtaininc, such approval, to include, but not limited to, surveying, 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 1B. 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 1B. In order to accomplish this it is our view that the following be required: Aspen Pitkin P la�ing Office • Aspen City Counci 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 1B. 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. Respect fully,..�N:n ttjed by John Thomas Teily, his Attorney -in -Fact Barbara Jean Robinson I/' Aspen Pitkin Pl ing Office • Aspen City Counc 1 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: . �J \\� n��s Notary Public Address: Box 4762 Aspen, Colorado 81612 STATE OF COLORADO ) ss COUNTY OF PITKIN ) The foregoin strument was acknowledged before me this day of 1983 by Barbara Jean Robinson. My Commission expires: -`-� Notary Public Address: • EXHIBIT A • Alpine Surveys Post Office Box 1730 Aspen, Colorado 81611 303 9252688 February 1, 1983 ADDITION TO UNIT 1B, HERRON CONDOMINIUM APARTMENTS THAT PART OF THE GENERAL, COMMON ELEMENTS SOUTHERLY OF AND ADJACENT TO SAID UNIT 1B AND CONSISTING OF THAT PORTION OF THE REAR ENTRY HALL, BEING APPROXIMATELY 4.6 FEET WIDE AND APPROXIMATELY 13.1 FEET LONG AS MEASURED FROM THE WESTERLY LINE OF SAID UNIT 1B EXTENDED SOUTHERLY, ALL AS IS PRESENTLY ENCLOSED. 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 1B. Specifically, the applicant wishes to legally record an addition to Unit 1B, 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. 0 • 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 1B. 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 1B. 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 1B. 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. seectful_y mi�,ted Stephen F. Wi rt by John Tho Kelly, his Attorney -in -Fact Barbara Jea' Robinson Aspen Pitkin Vnning Office • Aspen City Coil 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: 5 Notary Pub is 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 expires: